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HomeMy WebLinkAboutTR-5636 rr . JUL 15 2014 P (Paradise ftintAssociation, Ina ,SoutFiofd, 9VT ZI ® _,- - =9, JUL 1 5 2014 Vauth{tla I�—___ Mr. and Mrs. Victor J. Zupa ar f h e 4565 Paradise Point Road Southold,NY 11971 Dear Vic, I t�i .ist this letter finds both you and Mary in good health. It's coming up=on-one-year--- since the time I visited you and Mary at your home, introducing myself as the newly elected president of the Paradise Point Association. At that visit,while we touched on a few topics, including the tree pruning that was needed on Basin Road, which I subsequently had attended to. My main purpose, in addition to simply extending a neighborly "Hello" as the new president, was to make amicable arrangements to have the grass/ shrubs/weeds cut and maintained in the prescriptive easement areas. A responsibility of the association as owners of the easement. You told me that the area was considered some type of wetland by John King at the Town of Southold. By the time I was able to get confirmation that the prescriptive easement can be maintained, it was too late in the season. Once again it's time to maintain the area. While I've been advised that I do not have to reach out to you before hand, I felt it best to do so. The association is willing to use your contractor, assuming they are reasonable and assuming they will trim all the way to the edge of the easement. Please contact me ASAP to make arrangements. T deuglas Tampasident, PPA 718 755-8872 CIARELLI & DEMPSEY P. C. J ATTORNEYS AT LAW 737 ROANoxI:nr•1:Nul: JUL 1 5 2014 JOHN L.CIAR1?1Jd RIVFRI[rAD,NEW YORK 119111 PArRIC1AA.DUIPSEY (631) 369-5100 Pacshxtile;(631)369-5132 wJlJtpQ�Q Ti141'(I ciai ellidempsey@opionline.net Roar f T 1 e July 18,2013 BY FIRST CLASS MAIL James Spiess,Esq. MCNulty—Spiess, P.C. 214 Roanoke Avenue P. O. Box 757 Riverhead,New York 11901 RF: 7_.UPA v.PARADISE POINT ASSOCIATION Dear Jim, In the interest of avoiding futut'e litigation,we are writing to address a recent inquiry made to our clients by the new Association President. He indicated the Association was going to undertake its duty to maintain the easement to that end, lie expressed an intent to trim or remove beachgrass, bayberries, and other vegetation. As you know, we had previously discussed this issue back in the spring of 2012 in the context of a possible modification of the casement. It was discussed then that the Association's right to maintain the easement in this case is severely restricted by the fact that the area is designated as wetlands and any disturbance subject to the authority of both the trustees and the DEC, Our clients advised the Association President of this fact. They also assured hint that they were maintaining the area not designated wetlands and planted with beachgrass. It was not clear to our clients from this meeting that the Association President acccpted the facts and would not proceed as intended. I am sure you are in agreement that any such action would be iI[cgal, subject the Association to enforcement action, and could lead to.more wasteful unnecessary litigation. CIARELLI & DEMPSEY P.C. A iTORNEYS AT LAW We would (lien appreciate you advising us in advance if the Association intends to proceed to take any action to"maintain►the easement." Thank you for your continued cooperation in this mattcl. Very rllly Ul'S, JOHN L. CIARELLI JL C:nb cc: Victor Lupa 2 ! J APPROVED BY -,JPA rf-'(:co[2r•. BOARD OF TPI'3TEES SouT}FfjG�,�N v_•_ _ _ _ E�• i = F,_� ;l I TOWN OF SOU-.;!OLD — Y CKnE.cr-J ..^E.,sen k - E r � .4 .J! `�.r �- i h_'_- '•_1.t yy.�°igaV �.-.<.. � c,ws Tx:2ch.,.- _.:,;C�-� anv..Px..v.���J/1 f��k.ii./ •RsCc• ��'k:`�+J;k y w �- Li�M;..�„-_.. � �� - �o�M t _ +a. `�% .:�;E._nos.i wc�n.+,..a �-__(cP,ax r,Kc...�. ,• , �i/f °�\- _ .�+.....ttL,�_ .Y"�'�e��"' �f'��,r,.• .tel F�„5„K,!`�,,r.. - =34Y}46vgV•Y`^t •f.-°R,+Q14 y ,,,• ,W .(--a .,i �_ v _Y - �.._ "`« s•..r . (�y{p Y-~ i',',6��_.}i�"FE�n.zn>a,,.� FN++.4 cA /.:•,a6 � � ..4c.AY.+L— a' M�: •)• ,S^-»'L9f�5r - 1 1 , _-___ RSI_ PUtX Eac nK A..✓ �1�•••�.�t+l,•4 r^� �J.(}_ ,• _ Fvr.'oC .]1A?-a'C.acX6xw51 _ id G<- 7vcx •.. -�� d.. r`,Hyl H .. (,-_ *,T awIL '+'.Y -.f} _- . .vRG/NOs.-L # � t Jttb 1° VY d FEB 1 5 7X5 MARY S. ZUPA 580 BASIN ROAD SOUTHOLD, NY 11971 U 631 765 6112 OCT 2 4 2014 `1`1 Southoldia:rn October 24, 2014 Via email (elizabeth.cantreliPtown.southold.nyus) and hand delivery Mr.John Bredemeyer Board of Trustees President Southold Town Hall Annex 54375 Main Rd. P.O. Box 1179 Southold, NY 11971 Dear Mr. Bredemeyer Thank you for meeting with my husband and me on Wednesday night.As we stated,the Paradise Point Association docks and related fixtures are on and extend from property which I own and on which my husband and I maintain our home. The Association's only legal right is an easement over the property to access the docks.The docks, as you know, are nonconforming as to use and structures and are located on waters owned by the Trustees under the Andros Patent. In addition to permits required by the Trustees,the Southold Wetlands code at the very least requires the landowners consent to any work done on the docks and in the wetlands areas located on my property. As I mentioned Wednesday night, of late,the Association has installed a shed, a new light fixture, and new railings on my property and has written to me that it wants to cut the sea grass,bayberry, and rosa rugosa I planted under mandate from the Trustees and the DEC. A few days ago I found a contractor measuring the Association's docks stating he was hired to give a bid on replacing them. Please understand that any permit that has been granted to the Association by the Trustees and the DEC has been with the misrepresentation on the application that the Association is the owner of the property. I am not sure what if anything the Association signed for the recent light fixture installation,but I was surprised to find out the Association was issued an administrative permit on my property to install it without any notice to me. This is especially a problem given all the other unpermitted and hazardous electrical lights and fixtures installed in the wetlands without a permit of any kind. The issuance of Trustee permits to the Association has been, and is being, used by it to assert and argue rights to my property it would otherwise not have.At the very least I should receive notice of any work being done. I request that in the future I will be notified. Again,the Association docks and installations are nonconforming as to structures and use on a residential lot on which I maintain my home---and on waters owned by the Trustees. The docks are a commercial installation for which the Association charges users of these docks. Only five individuals use the docks to the exclusion of everyone else for a fee of $5000 a year for each space. The President of the Association is Douglas Ciampa. His address in Paradise Point is: 4380 Paradise Point Rd.,Southold,NY 119712. His home address is: 23 Glenway, Cold Spring Harbor, NY 11724. Sincerely, Mary S. Zupa r Jill M.Doherty,President ��QF S�(/lyO Town Hall Annex James F.King,Vice-President ,`O �� 54375 Main Road P.O.Box 1179 Dave Bergen l Southold,New York 11971-0959 Bob Ghosio,Jr. G John Bredemeyer �O Telephone(631) 765.1892 COU ' Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0534C Date April 26, 2010 THIS CERTIFIES that the replacement of a 495' bulkhead using vinyl sheathing; 52' of low- sill bulkhead; replacement of existing 35' bulkhead and return behind the existing; vegetated 12' non-turf buffer landward of bulkhead; and 4' wide access stairs to the beach At 580 Basin Rd., Southold Suffolk County Tax Map #81-1-16.7 Conforms to the application for a Trustees Permit heretofore filed in this office dated 7/3/02 pursuant to which Trustees Wetland Permit#5636 dated 9/25/02 was issued and Amended on 12/21/05 and 4/22/06 and conforms to all of the requirements and Conditions of the applicable provisions of law. The project for which this certificate is being issued is for the replacement of a 495' bulkhead using vinyl sheathing; 52' of low-sill bulkhead; replacement of existing 35' bulkhead and return behind the existing;vegetated 12' non-turf buffer landward of bulkhead; and 4' wide access stairs to the beach. The certificate is issued to MARY S. ZUP.A owner of the foresaid property. uthorized Signature Jill M.Doheny,President y Town Hall,53095 Main Rd. James F.King,Vice-President w i� P.O.Box 1179 Dave Bergen ��, Southold,NY 11971 Bob Ghosio,Jr. Telephone(631)765-1892 John Bredemeyer Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: Z3 Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1St day of construction constructed Project complete, compliance inspection. INSPECTED BY: -I/, A//tdZ,,' COMMENTS: 7*0 CERTIFICATE OF COMPLIANCE: I � F , APR 22 2010 et jeII,I � n � II, b ,!�\ ae►� r�P��MJJ '. 44,e ►4►AI'i' 4tia`►�►Jav'�. 4�Z�SJJJPi' r��P,o'�►J,t,✓j� r�f�. Sri. J ,�� t�agelPGEV:. v.;r .•(,w 'w•r• .;{`;, � .;�`•• ••e•,. :waw• ••'q,. .•fw• _ a''• _ '� <r •'�"� ;, ' r. ppQj, ;� .pA4•ra i��+-f^ •i4�•�i , 1•/'\s si�A�~�� ��r.�N�.3 l �,�„ • /^� vN.�` /�.y'r n k l•`•\\\ V�..��Cyt.� �i,. a•��,Q•�� �/••/' ���\ \\ %�•���-e�^ \ +-?n\ �S•-�� , Electrical Inspectors, Inc. r ` \ Cern icate Number: 09-3157 308 East Meadow Avenue Municipality: Southold,Town Of East Meadow,NY 11554 -`• Office:(516)794-0400(631)396-7474 Inspector. 124 y Fax:(516)794-5854 .•ray Issue Date: 6/4/2009 Website:www.electricalinspectors com Email:info@electncalmspectors.com Mail To Property Address• •• East County Electric,Inc. William Oster/Bruce Oster Zupa PO Box 2620 580 Basin Road Aqueboque,NY 11931 Southold,NY 11 1 . h License#: 1005E " ELECTRICAL APPR 0 VAL CER TIFICA TE `•'' AREAS LISTED BELOW ARE APPR INSPECTION .rffr•"w•! \ AND FOUND TO BE IN COMPLIANCE WIT E TIONAL ELECTRIC CODE No visual defects were found for the electrical inspection prov' ed.No obvi s unsatisfactory conditions were found in the areas ' herein below only ' 4 Residential Inspection Remote Dock ? \\ I-Switch,I-Incandescent Fixture,1-100Amp S re Power Do Tower,1-50Amp 220V Connection,1-30Amp 120V Connection, I-GFIDuplex Receptacle. Amended Certificate/MH \12 �X .�L. ,tea 4 a Not valid unless signed by an p 44 authorized EHAgent 1 s / Richard M.Bivone Philip F.Goehnng / President Chief Electrical InspectorZP �/'a. . , 2'h,n...y'> *�_,,,..._xv n^ _,',.i ..'Wr•, '�.> r'E->�w,R 7k,.K*.,.,e F 4,, '. ''�C�Y,iy:.!y ti,'yVT'• 0 'y '1•-�!'e, '��i J r• u ► 1. ELECTRICAL INSPECTORS,INC.is not responsible for the existing conditions at the subject premises. 2. ELECTRICAL INSPECTORS,INC.is not responsible for corrections,upgrading or replacement of existing electrical violations at the subject premises. Any corrective work shall be solely the responsibility of the property owner.ELECTRICAL INSPECTORS,INC.DOES NOT WARRANTY OR UNDERWRITE THE ELECTRICAL CONDITIONS AT THE PREMISES. 3. ELECTRICAL INSPECTORS,INC.only recognizes the National Electric Code,the Building Codes of New York State all volumes and Local Municipal Code"s,as Authorized by The Department of State Codes Division,via Village,Town or City Board Resolution. 4. AN ELECTRICAL SURVEY consists of a visual examination of the premises ONLY. Electrical Inspectors Inc.will comply with the requirements of NFPA 73,latest edition Chapter 1,Section 1-1, 1-2. If violations exist,a Notice of Violation(NOV)will be issued requiring correction by a licensed electrical contractor After the violation has been corrected,a re-inspection will be conducted and if approved a certificate shall be issued. 5. A SURVEY CERTIFICATE does not examine the actual wiring or devices unless all walls are opened and wires and devices are exposed prior to the survey bein,g.conducted. 6. A CERTIFICATE is non-transferable. 7. AN ELECTRICAL INSPECTION-consists of an examination of wiring and installations during the rough stages of construction.After completion of the construction a final inspection will be conducted at which time a certificate will be issued provided no violation exist.In the event no inspection is requested during the-rough stages _ of construction ELECTRICAL INSPECTORS,INC.will perform a CLOSED WALL SURVEY that consists of-a visual inspection of the wiring and installations only. Since access is limited,ELECTRICAL INSPECTORS,INC.shall bear no responsibility for any defects or violations at the premises. 8. ELECTRICAL INSPECTORS,INC. shall not be responsible to remove any walls in order to conduct an electrical inspection. 9. ELECTRICAL INSPECTORS,INC.will only release information,certificates and reports to the applicant after payment for services rendered have been paid in full. 10. ELECTRICAL INSPECTORS,INC.assumes no liability for the results of its inspections. 11. The agreement may not be changed orally. r a New York State Department of Environmental Conservation Division of Environmental Permits- Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook NY 11790-3409 Alexander crannls Main Phone: (631)444-0365 Commissioner Website: www.dec.state.ny.us Fax: (631) 444-0360 March 17, 2009 Mary S. Zupa 4565 Paradise Point RoadEL Southold NY 11971 APR 2 1 2010 . :::� RE: Permit# 1-4738-03029/00010 ! Dear Permittee: / In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6 NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply a with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Very truly yours, Matthew R. Penski Environmental Analyst 1 mrp Enclosure r y NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER 0 EFFECTIVE DATE 1-4738-03029/00010 March 17, 2009 FACILITY/PROGRAM NUMBER(S) PERMIT EXPIRATION DATE(S) Under the Environmental Conservation Law I March 16, 2014 TYPE OF PERMIT ■New ❑Renewal ❑Modification ❑Permit to Construct ❑Permit to Operate i ❑ Article 15,Title 5:Protection of Wa- ❑ 6NYCRR 608:Water Quality ❑ Article 27,Title 7;6NYCRR ters Certification 360: Solid Waste Management ❑ Article 15,Title 15:Water ❑ Article 17,Titles 7,8:SPDES ❑ Article 27,Title 9;6NYCRR Supply 373:Hazardous Waste Management ❑ Article 19:Air Pollution ❑ Article 15,Title 15:Water Control ❑ Article 34:Coastal Erosion Transport — �� �,,7 Management ❑ Article 23,Title 27: Mined Lang ❑ Article 15,Title 15:Long Reclamation ',I G ,F r---- _ – ElArticle 36;Floodplain Island Wells ;;i-- •; Management ❑ Article 24: Freshwater;Wetlands [I Article 15,Title 27:Wild, ;I APR 2 20U Article_RA 3, 17, 19,27,37; Scenic and Recreational Rivers ■ Article 25:Tidal Wetlands 6NYCRR 380':Radiation Control PERMIT ISSUED TO 1-- TELEPHONE NUMBER Ma S. Zu a 631 765-6112 ADDRESS OF PERMITTEE 4565 Paradise Point Road, Southold NY 11971 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER r NAME AND ADDRESS OF PROJECT/FACILITY Zu a Property, 580 Basin Road, Southold LOCATION OF PROJECT/FACILITY SCTM#1000-81-1-16.7 COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk I Southold Southold Bay&Basin E:719.4 N:4547.3 Description of Authorized Activity Construct a single family dwelling, garage, decks, swimming pool, sanitary system, pervious gravel driveway, remove asphalt, public water service, utilities, 4 foot wide access path, 4 foot by 4 foot seasonal steps to beach, and plant vegetation. Place 5 to 10 pound stone on filter fabric behind the bulkhead and return and revegetate. Regrade, stabilize, and revegetate the slope on Southold Bay. All work shall be performed in accordance with the conditions of this permit and the plans prepared by Nathan Taft Corwin III last revised on 2/9/09 and Sea Level Mapping last amended on 2/20/09, both stamped NYSDEC approved on 3/17/09. By acceptance f this permit a permittee agrees that the permit is ntingent upon strict compliance with the ECL,all applicable re ulations,the Gener nditions ecified see pages 2-4 and any Spec!a Conditions included as part of this permit. PERMIT ADMIN T TOR- ADDRESS SUNY@Stony Brook)5CIrcle Road;Stony Brook NY 11790-3409 Joh ' [a,d "�7 i AU HORI D IGNAyffiE DATE Page 1 of 5 March 17, 2009 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS 1. The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 50 linear feet from the tidal wetland boundary. 2. To protect the values of the tidal wetlands, a permanent vegetated buffer zone shall be established. There shall be no disturbance to the natural vegetation or topography within an area extending 50 linear feet landward of the tidal wetland boundary. 3. During construction, concrete or leachate shall not escape or be discharged, nor shall washings from transit mix trucks, mixers, or other devices enter tidal wetlands and/or protected buffer areas. 4. A row of staked haybales or other approved erosion control devices shall be placed at the landward edge of the buffer area or as per the NYSDEC approved plans and seaward of the toe of the embankment, prior to commencement of any regulated activities and remain in place and in good, functional condition until the project is completed and all disturbed areas are stabilized with vegetation. 5. Necessary erosion control measures e.g., staked haybales, silt fencing, etc. are to be placed on the downslope edge of any disturbed areas..This sediment barrier is to be put in place before any disturbance of the ground occurs and is to be maintained in good and functional condition until thick vegetative cover is established. 6. Roof runoff shall be directed into dry wells a minimum of 75 linear feet landward of the tidal wetland boundary for immediate on-site recharge. 7. Dry wells for pool filter backwash shall be located a minimum of 75 linear feet landward of the tidal wetland boundary. 8. There shall be no draining of swimming pool water directly or indirectly in tidal wetlands or protected buffer areas. 9. Driveways and parking areas shall be constructed of NYSDEC approved pervious materials. 10. Roads, driveways and parking areas shall be graded to direct runoff away from tidal wetlands and protected buffer areas. 11. Sanitary systems (bottom of the tank and leaching pools) shall be located a minimum of 2' above seasonal high groundwater. 12. All fill shall consist of "clean" sand, gravel or soil (not asphalt, slag, flyash, broken concrete or demolition debris). 13. All areas of soil disturbance resulting from the approved project shall be stabilized with appropriate vegetation (grasses, etc.) immediately following project completion or prior to permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor germination. DEC PERMIT NUMBER PAGE 2 OF 5 1-4738-03029/00010 1 r NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS 14. All areas of soil disturbance resulting from the approved project shall be stabilized as per the specifications of the approved plans immediately following project completion or permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor germination. 15. If seeding is impracticable due to the time of year, a temporary mulch shall be applied and final seeding performed at the earliest opportunitywhen weatherfavors germination and growth, but not more than six months after project completion. 16. All disturbed areas where soil will be temporarily exposed or stockpiled for longer than 48 hours shall be contained by a continuous line of staked haybales / silt curtains (or other NYSDEC approved devices) placed on the seaward side between the fill and the wetland or protected buffer area. Tarps are authorized to supplement these approved methods. 17. All erosion control devices shall be maintained in good and functional condition until the project has been completed and the area has been stabilized. 18. The permit holder shall cause all exposed faces and/or disturbed areas to be vegetated to prevent soil erosion prior to project completion or the expiration date of the permit, whichever comes first. 19. The wetland and associated buffer shall be planted as per the approved plans and the permit holder shall ensure a minimum of 85% survival of plantings by the end of five growing seasons. If this goal is not met, the permit holder shall re-evaluate the restoration project in order to determine how to meet the mitigation goal and submit plans to be approved by the office of Marine Habitat Protection , SUNY@Stony Brook; 50 Circle Road; Stony Brook NY 11790-3409. 20. There shall be no discharge of runoff or other effluent over or through any bulkhead or shoreline stabilization structure or into tidal wetland or protected buffer area. 21. There shall be no discharge of runoff or other effluent on, in or down the bluff face or onto the beach. 22. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 23. Any debris or excess material from construction of this project shall be completely removed from the adjacent area and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands or protected buffer areas. 24. This permit does not authorize the granting of easements for the construction of water access structures, mooring facilities, or other structures. 25. The permit holder shall incorporate the attached Covenant (or similar language) to the deed forthe property where the project will be conducted and file it with the Clerk of Suffolk County within 30 days of the effective date of this permit. This deed covenant shall run with the land in perpetuity. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be submitted within 90 days and prior to commencement of any regulated activity atthe site to: NYSDEC, Marine Habitat Protection,S U NY@Sto ny Brook;50 Circle Road; Stony Brook NY 11790-3409, Attn: Compliance. DEC PERMIT NUMBER PAGE 3 OF 5 1-4738-03029/00010 4 l _ NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee,excepting state or federal agencies,expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York,its representatives,employees,and agents("DEC")for all claims,suits, actions,and damages,to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with,or operation and maintenance of,the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits,actions,or damages to the extent attributable to DEC's own negligent or intentional acts or omissions,or to any claims,suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors,employees,agents and assigns of their responsibility to comply with this permit,including all special conditions while acting as the permittee's agent with respect to the permitted activities,and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits,approvals,lands,easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights,title,or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility,including relevant records,is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation(the Department)to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit,including all referenced maps,drawings and special conditions,must be available for inspection by the Department at all times at the project site or facility.Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department,issuance of this permit does not modify,supersede or rescind any order or determination previously issued by the Department or any of the terms,conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal,modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System(SPDES), Hazardous Waste Management Facilities(HWMF),major Air Pollution Control(APC)and Solid Waste Management Facilities(SWMF);and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator,SUNY @ Stony Brook,50 Circle Road,Stony Brook NY 11790-3409 General Condition 4: Permit Modifications,Suspensions and Revocations by the Department The Department reserves the right to modify,suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification,suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; C) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions,relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions,orders of the commissioner,any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMIT NUMBERPAGE 4 OF 5 1-4738-03029/00010 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15(TITLE 5),24,25,34 AND 6 NYCRR PART 608 (TIDAL WETLANDS) 1. If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health,safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State,and if,upon the expiration or revocation of this permit,the structure,fill,excavation,or other modification of the watercourse hereby authorized shall not be completed,the owners,shall,without expense to the State,and to such extent and in such time and manner as the Department of Environmental Conservation may require,remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 3. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 4. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles,ridges,across or along the bed of a waterway or floodplain,deposits within any regulatory floodway,or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 5. There shall be no unreasonable interference with navigation by the work herein authorized. 6. If upon the expiration or revocation of this permit,the proj ect hereby authorized has not been completed,the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require,remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 7. If granted under 6NYCRR Part 608,the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302,303, 306 and 307 of the Clean Water Act of 1977(PL 95-217)provided that all of the conditions listed herein are met. 8. At least 48 hours prior to commencement of the project,the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project,the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required,a survey. 9. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or their designated agent as part of the permit application. Such approved plans were prepared by:Nathan Taft Corwin III last revised on 2/9/09 (sheet 1 of 2)and Sea Level Mapping last amended on 2/20/09(sheet 2 of 2) both stamped NYSDEC approved on 3/17/09. DEC PERMIT NUMBER PAGE 5 OF 5 1-4738-03029/00010 Plan View N Prepared for: Mary Zupa W+E Surveyed: 05-29-08 S Amended: 02-20-09 SCT# 1000-81-1-16.7 Town: Southold Suffolk County, NY 111 = 601 0 2, (05 (00 . ......... ses to s,a\ ,4e ........ ---------�.-47 Im3lo"'Ixogeto \04e � 0 ee skeeP �iwv9 In de S\O\)e iec�01' 01\ 'ago JOIN ....... stock cgpe arco 0 estN Pi/ect#/I \\qpass -\ pe i -Ned 9 ............ e s , Sections skald��F' \0aCeeO Unt plant patens n5 alternlFlor 0 bN 12" on center Plant int behind existing sPecies er-tidal Low Sill Bulkhead behind low Sill bulkh --AHPq ad Place place ALN --,\ oen,,na 0 6. 10 PPro, approx. Y, 6 o 6 �ds 1b qu - c Y11 5 - 10 'b On filter fabric StO. quarry bulkheadricbeh- e A on Filter 9ftcotkneir, Boat Ind behind bulkhead and return return 0 lo' 01 B Applicant proposes to regrade steep slope 4 t' using stork piled material ---------------- - to Create approx. 5 on I slope Plant new slope vilth N X S ID Cape SEA amerlcon beach gross 15 oc, E C LEVEL + APPROVEr) AS r-FIR TErMS MAPPING ezA,D CO'JDITIO-419 OF P.O. Box#366 eogue Mlzmrr ,;o.1-11737-030 ANY11931 stabilize neY4 slope faceDAA T r- ROBERT H.FOX]� NYS PLS#50197 recently v4lth jute mesh until plants planted 2/20/20011 10,44,25AM are established area 0\5LM\ZUpQ5L0PF0209pro f 95-20-1(11/03)—9d New York state Department of Environmental Conservation AMk rr NNW NOTICE MW The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit num4er shown when contacting the DEC. 38' /P 09 ®®� g 3 Re conal Permit Administrator Permit Number ROGER EVANS Expiration Date (VOTE: This notice is NOT a permit DECLARATION OF COVENANT THIS DECLARATION OF COVENANT made this.3/day of October,2005,by Mary S. Zupa(hereinafter the"Declarant')whose address is 365 Basin Road,Southold,NY 11071 WITNESSETH: WHEREAS,the State of New York is authorized and required to regulate the tidal wetlands as set forth in Article 25 of the New York Environmental Conservation Law (hereinafter"ECL");and WHEREAS,Declarant is the owner of a residential lot in the Town of Southold,State of New York known as 580 Basin Road,Southold,NY,County Tax Map Number:District 1000,Section 81,Block 1,Lot 16.7 which she acquired by deed dated April 5,2002, from Garrett Sinning,et al,grantors,and recorded in Liber 12181,Page 887(hereinafter the"Property"),and WHEREAS,the Property includes tidal wetlands regulated by Article 25 of the ECL upon which certain regulated activities may occur only if prior approval is given by the New York State Department of Environmental Conservation; NOW,THEREFORE,the Declarant hereby covenants and agrees as follows: Regulated tidal wetlands associated with Southold Bay are located at the Property which is a residential lot known as 580 Basin Road,County Tax Map Number:District 1000, Section 81,Block 1,Lot 16.7,and otherwise known as the properties of Mary S.Zupa and her heirs,assigns,or successors.The Property is subject is subject to the provisions of Article 25 of the ECL or its successor,and the conduct of regulated activities may occur only pursuant to ECL Article 25 if prior approval is given by the New York State Department of Environmental Conservation(NYS DEC)or its successor and by Mary S. Zupa,her heirs,assigns,or successors.Regulated activities include,but are not limited to the erection of any dock(s)or other structure(s);excavation;dredging;grading and filling;clearing of vegetation;and application of chemicals. IN WITNESS WHEREOF,the Declarant has duly executed this Declaration of Covenant the day and year first above written. In the presence of: ' Declarant ary Z' a (r l {K I` i APR 2 1 2010 STATE OF NEW YORK ss COUNTY OF SUFFOLK On the-(day of October 2005,before me personally appeared Mary S.Zupa to me known to be the individual described in and who executed the foregoing instrument,a d acknowledged that she executed the same. UNUA S.TAGGM Notary Public,4948State of New York llualdied inres Merch 20 b Commissltm Fxpi a •� v •'"1i 17- Uniform -Uniform Form Certificate of Acknowledgment State of New York County of `, On the day of in the year before me,the undersigned, personally appeared IVI ,-9 4 .1 ✓,� �` personally known to me or proved to me on the basis of satisfactory evidence to be the individual.(s)whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument. Gtr-'! Notary Public LINDA S.TAGGW W"Public,State of New York No.4948506 Comwisionn� rch 20 �� 7 ae c>ftpratt.b yde. ALW - }5-10 Ib. S 1N Orl}Ilte+r}irk, Z 1�,. qy w�' L�y� I PoLE .. .• T DR1WWA - WP�p • 24''Z n r 4 iTnd bulklwad and N �c e•Zoa2SPA ^VARr aur- 'te r :•r 76.49, f oWF t auNG return boat N y Z 622c t0 bash W + 49 8 s? . EXISTINS T DRIVEWAY Tt9 QIROFRR/PTIVf w�-AQpI, LST Owt � rn A A V 1t' --,,BE REPEAL TKTHONE VEJINAY tea. DATED ECToMBfIyT AR�� r Cly enc f Z' w..'.. `� `�� ^� h• Z NP z �z 300/ p� DA RDA r... h tuc tvWc d.q�b � J6i�t / �mIrIZE ` w /� o �lq_� °wv"crrA REVEGETATE APPROX. 350 I.f. OF SHORELINE WITH NATIVE SPECIES Of(ji Z NP 9S��'N a >) 0 llillity L`11- RISA ryy�' y' kr gq�M"r INCLUDING: SPARTINA PATENS, SPARTINA ALTERNIFLORA, DISRCHUS Oo at ?, c + aq P FbtgvD "Rd1yr ugticr SPICATA AND SALICORNIA. REMOVE OVERHANGING BRANCHES Ot W W NP `` NP OF BANKNP NP tav �ASrx 4.1 �� TO PROVIDE SUNLIGHT TO WETLAND SPECIES. REGRADE BANKS N�. � _ AS NEEDED FOR STABILIZATION. N NP � s� N� go ewK t.e ><E w w COAD a N Oo `�NP NP �kNy',�'r"moo NPdr a `ZI H 68 ` t1E (6327• a „ 4s or PLANTING SCHEDULE •`�°j Z n N JP 61'''3pd = S 49 2�s W WAV2062AW' to-• OD N . S 9• SO• 3 iIEI;E FROM PLAN BY SEA LEVEL MAPPING LAST DATED 11/01/02 Q N S _ �ttt ,y� 6 0 �S' rr > Ha TO BE REVEGENATED IN ACCORDANCE WITH N.Y.S.D.EC. s V N J UWiE RK 4" (!t �•3 ��s O PERMIT No. 1-4738-03029/00003 A 0 �js'!1 s �jtNH W W N!5 NORWAY SPRUCE N B !y f' = r3 g N 8 WP WHITE PINE ��� o € LG LEYLAND SPRUCE V A N 0) � RDA RHODADENDRONS '.Wi i,r nM� =3 b a 0 GG GROUND COVER Ov NP NATIVE PLANTS 2 y w � QCT �+/ (Incl. ROSA RUGOSA, RUSSIAN OLIVE, A�w BAYBERRY, GRASSES) ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM. EXISTING ELEVATIONS ARE SHOWN THUS: If Tj7 EXISTING CONTOUR LINES ARE SHOWN THUS: - TOP OF ttuttotuD eonaWt OF etaKrtrAD , FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36103CO167 GAPR 2 1 2010 ZONE AE: BASE FLOOD ELEVATIONS DETERMINED ZONE Xw: AREAS OF 500-YEAR FLOOD; AREAS OF 100-YEAR FLOOD WITH AVERAGE DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 100-YEAR FLOOD. --- '' _- ! ZONE X. AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN. ; MINIMUM SEPTIC TANK CAPACITIES FOR A 1 TO 4 BEDROOM HOUSE IS 1,000 GALLONS. j___ I''^71 PIr jr 1 TANK; 8' LONG, 4'-3" WIDE. 6'-7" DEEP METES AND BOUNDS FOR - MINIMUM LEACHING SYSTEM FOR A 1 TO 4 BEDROOM HOUSE IS 300 sq ft SIDEWALL AREA. PRESCRIPTIVE EASEMENT 2 POOLS; 6' DEEP, 8' die. PROPOSED EXPANSION POOL ® , „ ,5 30'08 40 W 9.05 -�PROPOSED LEACHING POOL Q N 66'09'23" W 42.89' PREPARED IN ACCORDANCE WITH THE MINIMUM =PROPOSED SEPTIC TANK © R=217.00' L=68.92' STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVED AND ADOPTED THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD N 84'21'15„ W 73.91' FOR SUCH USE BY THE NEW YORK STATE LAND OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. TITLE ASSOCIATION. THE STAKED HAY ALES do SILT RETENTION FENCE © R=130.00' L=99.77' SHALL BE PLACED BEFORE THE START OF ANY CONSTRUCTION. © N 40.22'55" W 49.24' © R=60.00' L=16.34' TEST HOLES DATA ® R=14.00' L=15.12' (TEST HOLE DUG BY McDOX4LD . QS 1 N. ) 0 R=11.00' L=10.38' TEST HOLE No. 1 TEST HOLE No. 2 R=55.00' L=55.33' � ST HOLE DUG ON MAY 1, 2002) (TEST HOLE DUG ON JULY 22, 2002) '�' EL it Cr a 15S El® N 06'16'50" W 29.61' J 6 GR01N`M"'S'ND g' GROW„sur SAND SM N 83'43'09" E 9.00' ,;`�•:.;�'". ,f N.Y.S. Lic. No. 50467 r PALE tttmtm tTtE sue SP { 3 ® S 06.16'50" E 29.61' GRON SST SAND SAMY SLT WL UNAUTHORIZED ALTERATION OR ADDITION ~"�-- to' ® R=46.00' L=46.28' TO THIS SURVEY IS A VIOLATION OF CL o.' "_:: :.. MRO^t CLAY tx t10.'rv ••' PALE ertorN ttrtc To WaDnet SAND SP ESECTION DUCATION 7209 LAW. F THE NEW YORK STATE Nathan Taft Corwin •• � R=2.00' L=1.89' ' EL o.r,• •' 0 R=23.00' L=24.86' COPIES OF THIS SURVEY MAP NOT BEARING Land Surveyor ta.e� THE LAND SURVEYOR'S INKED SEAL OR WATER INPAM BMW s SP t>,c © R=69.00' L=18.79' EMBOSSED SEAL SHALL NOT BE CONSIDERED tr TO BE A VALID TRUE COPY. WATER■GROWN CLAY a eat ® S 40'22'55" E 49.24' CERTIFICATIONS INDICATED HEREON SHALL RUN ® R=121.00' L=92.86' ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE Title Surveys - Subdivisions - Site Plans - Construction Layout © S 84'21'15" E 73.91' TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND R=226.00' L=71.78' TO THE ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-2090 FOX (631727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. El I S 66'09'23" E 43.89' rlcctrC-c t nrA7f n A7 ueu utr_ Anncccc SURVEY OF PROPERTY SITUATED AT BAYVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-81 -01 -16.7 SCALE 1 "=40' JANUARY 7, 2002 JANUARY 29, 2002 REVISED LOT AREA NOTATION FEBRUARY 14, 2002 REVISED DRIVEWAY LABELS MAY 15, 2002 LOCATED WETLANDS & ADDED TOPOGRAPHICAL SURVEY JUNE 1. 2002 ADDED SITE PLAN AUGUST 5, 2002 REVISED WETLANDS LINE, SITE PLAN & ADDED TEST HOLE No. 2 !- AUGUST 26, 2002 ADDED PROPOSED SEPTIC SYSTEM JANUARY 23, 2003 ADDED DRYWELLS & HAY BALES NOVEMBER 12, 2003 REVISED PROPOSED HOUSE -JUNE 6, 2007 REVISED TO SHOW PROPOSED LOT LINE CHANGE AT BASIN ROAD & UPDATED SURVEY FOR LOCATIONS OF NEW STRUCTURES JULY 23, 2008 ADDED PRESCRIPTIVE EASEMENT OCTOBER 7, 2008 ADDED METES AND BOUNDS FOR PRESCRIPTIVE EASEMENT FEBRUARY 9, 2009 UPDATE SURVEY S 89'23'08" E 21.63' = LOT AREA INCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF 75 815 sq. ft. N THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES) 1.'!40 ac. Z LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 72 875 sq. ft. o N THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES) 1.9'73 ac. LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 68,070 sq. ft. v THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES) N v AND THE WETLAND PORTION OF THE LOT � � s s PROPOSED LOT COVERAGE: N � m AREA OF PROPOSED HOUSE, DECKS & POOL = 5,765 sq. ft. I_. - -�- - - - to TIDAL WETLAND ADJACENT AREA = 68,070 sq. ft. --- G I r FEET r g LOT COVERAGE OVER ADJACENT AREA = 8.47% f LS CERTIFIED TO: I E` I o °e� CHICAGO TITLE INSURANCE COMPANYiApp 2 1 2010 ; mo x MARY S. ZUPA I ca0 73�r 030,x ®vv/© co 0! Cms „ ; ,.�. 3 �� p7 AW NSECTION A w `� '209 47y ^ - B•• 1 Y 013AI�FROM INV En SFA LINU YN"M M1ED z/zo/o°) NO SOUTHOLD of (TOWN HARBOR) fZ 18 G eEq�N �R4S � ��to112.47' N 88'45'16" E 197.36' "m BULKM�� I•�2o' Applicantpr oposes to AL �rEew c-ux BuuaF�n regrad sf eep sl e o Ea I $ 9 ' ME usingarea stock poled lal _ .. 'L AL AL BEACH GRA�� iL � Z � '� G`k ruu to create v4slopapprox.3 on I elope W N5 AL GG N5 & A``o BEACHGRASS EMKFEAD plant new slope with cape K E americcn beach groes 18 oc A roe of a►x ^ �� N5 AL ,,I� :. _-------______ __ 2GWAE(ELs) W PRESCRIPTIVE EASEMENT AWARDED BY mwx recently until PPOPUENDstablize new slope race ORDER DATED OCTOBER 27, 2004 with Jute mesh until plants planted ' PROP05ED III OF 5TAKED HAY BALES Z s %ml / 4 51LT RETENTION FEWINS `' w ore established area r� Io I � . N5 � � o DRY V;LL FOR q" INP A > te wC9 8 B5 POOL BACKWASH a QVC y 1y' PROP.POOL Emill / DEGK�� 353' Tills m A R,Bzp,�.PC - -a CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 631-878-8951 cmesiano@optonline.net October 10, 2006 Jim King, President Board of Town Trustees Town of Southold 53095 Main Road Southold, NY 11971 Re: 580 Basin Road, Southold Wetlands Permit#5636 SCTM # 1000-81-1-16.7 Dear Mr. King: In a discussion at your office today, Ms. Doherty brought to our attention that approval for the 14' extension to the bulkhead return granted at your September 20, 2006 hearing has been rescinded because it has been discovered that the return was not included in your original permit. Pursuant to your directive, we hereby request that the Permit be amended to include the 10' as-built return and the 14' extension of same. Also enclosed is Mrs. Zupa's check in the amount for $100 for the application fee. Please accept the LWRP form submitted with the request for approval of the 14' extension for the purpose of this request. Thank you for your attention to this matter. Since ly, , atherine Mesiano President Enclosure Cc: Mr.,& Mrs. Victor J Zupa James F. King, President ��0� S�V�jyO Town Hall Annex Bob Ghosio,Jr.,Vice-President �� lQ 54375 Main Road P.O.Box 1179 Dave Bergen Southold,New York 11971-0959 John Bredemeyer � Q ,O Telephone(631) 765-1892 Michael J. Domino l'C�U .t11 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 16, 2013 Mrs. Mary S. Zupa 580 Basin Road Southold, NY 11971 RE: MARY S. ZUPA 580 BASIN ROAD, SOUTHOLD SCTM# 81-1-16.7 Dear Mrs. Zupa: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, October 16, 2013: WHEREAS, MARY S. ZUPA applied to the Southold Town Trustees for an Amendment to Wetland Permit#5636 under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated September 19, 2013, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found to be Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, 2 • NOW THEREFORE BE IT, RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit#5636 to install 60 tons of 8"-10" stone rip-rap with filter fabric membrane behind existing bulkhead; re-vegetate disturbed areas as needed with sea grass; and install new thru-flow open-grate cap onto bulkhead; with the condition the rip-rap is not to extend more than 4' landward behind bulkhead and not to be installed immediately behind the existing jetty; and as depicted on the project plan prepared by Mary S. Zupa, received on September 19, 2013, and stamped approved on October 16, 2013. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $0.00 This is not a determination from any other agency. Sincerely, James F. King, President Board of Trustees JFK/amn L 2_ s.. i.- rte^ r_ r (^ j J 2 ' r _ 1 � V i `� � P \ ^_rte• f ' •Lil � �V =tom ... • 1 a N • y � 66 suF�otK lames F. King,President P.O-Box 1179 Bob Ohosio_Jr..Vice-President �� y Southold,NY 11971 Dave Bergen Telephone(631 765-1892 John Bredemeyer � 2 Fax(63 1)765-6641 Michael.I. Domino 'F yam! Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time:—/-O _ 'el-1-5 MARY S. ZUPA requests an Amendment to Wetland Permit#5636 to install 60 tons of 8"-10" stone rip-rap with filter fabric membrane behind existing bulkhead; re-vegetate disturbed areas as needed with sea grass; and install new thru-flow open-grate cap onto bulkhead. Located: 580 Basin Road, Southold. SCTM# 81- 1-16.7 Type of area to be impacted: Saltwater Wetland _Freshwater Wetland _Sound _Bay Distance of proposed work to edge of wetland Paof Town Code proposed work falls under: _Crt hapt.275 Chapt. 111 _other Type of Application: _Wetland _Coastal Erosion _Amendment _Administrative_Emergency Pre-Submission Violation Info needed: Modifications: Conditions: Pres Were: King /B. Ghosio � D. Bergen, J. Bredemeyer Michael Domino D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: NEW YORK STOP DEPARTMENT OF ENVIRONMFO#AL CONSERVATION DEC PERMIT NUMBER EFFECTIVE DATE 1-4738-03029/00010 March 17, 2009 FACILITY/PROGRAM NUMBER(S) PERMIT EXPIRATION DATE(S) Under the Environmental Conservation Law March 16, 2014 TYPE OF PERMIT ■New ❑Renewal ❑Modification ❑Permit to Construct ❑ Permit to Operate I ❑ Article 15,Title 5:Protection of Wa- ❑ 6NYCRR 608:Water Quality ❑ Article 27,Title 7,6NYCRR ters Certification 360: Solid Waste Management ❑ Article 15,Title 15:Water ❑ Article 17,Titles 7,8:SPDES 0AHaza d rticle ,Title 9;6NYCRR us Waste Management Supply ❑ Article 19:Air Pollution ❑ Article 15,Title 15:Water Control ❑ Article 34:Coastal Erosion Transport Management ❑ Article 23,Title 27: Mined Land ❑ Article 15,Title 15: Long Reclamation ❑ Article 36:Floodplain Island Wells Management ❑ Article 24: Freshwater Wetlands ❑ Article 15,Title 27:Wild, ❑ Articles 1,3, 17, 19,27,37; Scenic and Recreational Rivers ■ Article 25:Tidal Wetlands 6NYCRR 380:Radiation Control PERMIT ISSUED TO TELEPHONE NUMBER Mary S. Zu a 631 765-6112 ADDRESS OF PERMITTEE 4565 Paradise Point Road Southold NY 11971 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER NAME AND ADDRESS OF PROJECT/FACILITY Zu a Property, 580 Basin Road, Southold LOCATION OF PROJECT/FACILITY SCTM#1000-81-1-16.7 COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk I Southold Southold ea &Basin E:719.4 N:4547.3 Description of Authorized Activity Construct a single family dwelling, garage, decks, swimming pool, sanitary system, pervious gravel driveway, remove asphalt, public water service, utilities, 4 foot wide access path, 4 foot by 4 foot seasonal steps to beach, and plant vegetation. Place 5 to 10 pound stone on filter fabric behind the bulkhead and return and revegetate. Regrade, stabilize, and revegetate the slope on Southold Bay. All work shall be performed in accordance with the conditions of this permit and the plans prepared by Nathan Taft Corwin III last revised on 2/9/09 and Sea Level Mapping last amended on 2/20/09, both stamped NYSDEC approved on 3/17/09. By acceptance this permit permittee aTpermitntingent upon strict compliance with the ECL,all applicable ulations,the Gene nditlon ed6ed see si Conditions included as rt of this ennit. PERMIT ADMI T TOR' ADDSUNCircle Road;Stony Brook NY 11790-3409 Joh ' I d AU HORI D IGNA EDATE Page 1 of 5 March 17, 2009 :a e Board Of Southold Town Trustees SO2U'THOLD, NEW YORK PERMIT NO. 5636 DATE:Sept. 25,.._2002 MAY S. ISSUED TO ...... .... R ._ ._... __.._Z.UPA__......._.. __ _... ._. Antharintttian x Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of fhe State of New York 1952; and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS,.'. and in accordance with the Resolution of The Board adopted at a meeting held on -.Sept., 25, 2002 and in consideration of the sum of $.200...00 . . paid by Mary—S.....?upa Sou tho of ..._. __.......... ._ld N. Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: t (SEE ATTACHED) 580 �asin Rd. , Southold SCTM#81-1-16.7 am in accordance with the detailed specifications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be affixed, and these presents to r be subscribed by a majority of the said Board as of this data. z f Trrstee t Or Albert J.Krupski,President -„ems04 Town Hall James King,Vice-President lam'• 59095 Route 25 P.O.Box 1179 Artie Foster ~ Southold,New York 11971-0959 Ken Poliwoa Foster Peggy A.Dickerson .10V Telephone(631) 765-1892 Fax(631)765-1366 �1 # BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MARY S.ZUPA 580 BASIN ROAD,SOUTHOLD SCTM#81-1-16.7 Wetland Permit#5636 to construct a single-family dwelling, porch and patio,on-site sewage disposal system, free form in-ground(gunite) pool(approx. 16'X 32')and pervious driveway, replacement of a 495' bulkhead and install approx. 52' of low-sill bulkhead for erosion control, and install 4' wide steps to the bay. Re-vegetate approx. 640 sq.ft. landward of the new low- profile wall with spartina altcndftora 18"on center, re-vegetate section of buffer area, and removal of the existing asphalt driveway,with the following conditions: Drywells and gutters to the house, drywell for the backwash of the pool,haybales at the buffer area prior to construction and during construction, a work plan describing how the work will be conducted,and as depicted on the approved plan last revised January 24,2003 and survey last revised January 23, 2003. ••^^1f 1^ •• azuocac6 a.a-c.ca n- .F��S•=:l %Cf w y>J3 cc` WAIG pl IM -'J EM.^ c„ i0 r:G^cin Falca.l LC-bL-9r fcv.3.LF , YAIE y Jll'A�EIJ Yam WY� .l-.�W. ^8F'S811y Cu0�aaw l 339 X3.3]SYS+ l3 Sn.y WNMIViil.ypwry..+aaqI���� .�pl� i p q +a4u'd ayic vauee n. Et;-a_-,n byifl.X P iMl SM'aeAXy �Xy�i CU L. �-i ` 6uisi><X Xa iXXl SbY':oy11i 41 G- - " 6 -o w.e.c W4io.1!_ LC-if- 0 ]3'J'J3WY ,..b.in pcap ol 4� �AWIA d0'l) 119'4 o .a U0I'j'J9GJ` 950.13 w piti IT iEyy��q�/fu� � �.1 .��j,�M.ti•_ v MJ.[V _ I i VIdm I • _ nzce APPRCVr-r TOWN OF SOUTHOLD bL.4A9N 'IUX7DQ I U �.A�amu DATE / a vlo 3 L QIHHQ 000i Xis s I io 30049.o9 9NlddVVY mg!A U 9I J a ARY3 Xv ivA PROPERTY TEST HOLE DATA SITUATED AT BAYVIEW TOWN OF SOUTHOLD .�- SUFFOLK COUNTY, NEW YORK s B9'n'D8" E S.C. TAX No. 1000-81-01-16.7 At []�„ � I > SCALE 1"=30•� •" ' .• JANUARY 7.ID OT, J.VIUPRY l9, 2001 REVISED LOi yWfP HO)AiION fEBRUM" I.. 2002 REVISED CFFEWAY'OADF.LS P. L 1MV I5. 2002 LOCATED WETLANDS k ADDED TOVOCRAPHICAL SURJEv JUNE 1, 2M2 ADHD SITE PUN • A3 A LOT AREA-OttTWOUNDODE THE WTO SW AREAHOW AT THE NORTHWEST AD POIITIE NE= 75.667.36 . R. ley Im RE LOT PRJJE[TIHE INTO EAT AREA BAY RU NH[1D4 NO TIF LNES) 1J4! 4a. sCC LOT AREA EMCWOINC TXE INTO SOO MG M THE T NORIHWEE PORTION OP) ]2I>670 I . II. THE LOT PROJ[Ci1NC INTO SOUlIKID BEY (i0 [ULHXEMS t TIE LINES) 1.6]0 IN. lip ! SSI I . lJe b✓Ik J �r \4jt04•a.E SOUTHOLD BAY T yB, d \\ lroRx xARs¢eJ IT Bz'0)'29" E 2. Q 44 ' E 1' B "- > N B['540] E i[[ A I/7 o2 A u mII „I,�J L I V1GY110JG \ "'N.7u II - ,..,. '•' ✓� 3iI0 #, At O s; SI•^Z-N UC sey NAI, -�� 4 A A°•v ROAD N'•1 I. BOAT IN •` 1 �$At qt p' 4�Q0 Rd„a+ ` � 6 k • ?'aft 50� !d � Iv A ,NA La 10 ato V Ts Ta . [L[VAIIONS 1RL No..TO 1919 W.NX ERNI..AIR tHPXX INN:. 4� [MI3TK COMIgX,U[6 AR AXIXN NUR -I R - 1 � L vr� r � '��>• rt1 � I `v ♦ J 7w 1 �a tI 1 ✓,r V 1 ♦ I r A R+ri4 c 4 •— Ip^i' _� ; ---- __ -- _- - == - �_- - . �->. � :- a- " - - - _� -_ �- - - - -y _ �` �� -,� rr 1 - .. s x .R ` �4 - — � �. d y `� • ' 1 Slims"-. H .. �, 3" � 7 , � s T , � A\_i _ j. a N �+w J �qp q � / p O 1 y / vw I � ?I -- _ _ _ -- — _—•-- _ ,� courmaysuFcax p R'°""° OFFICE LOCATION: o��r3f SO�Tyol MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 # Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) co Southold, NY 11971 @ Telephone: 631 765-1935 7A Fax: 631 765-3136 �OUNTI,N� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD Ell VE TOCQ D MEMORANDUMT � 5 203 To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: October 15, 2013 Re: LWRP Coastal Consistency Review for MARY S. ZUPA SCTM#1000-81.-1-16.7 MARY S. ZUPA requests an Amendment to Wetland Permit#5636 to install 60 tons of 8"-10" stone rip- rap with filter fabric membrane behind existing bulkhead; re-vegetate disturbed areas as needed with sea grass; and install new thru-flow open-grate cap onto bulkhead. Located: 580 Basin Road, Southold. SCTM# 81-1-16.7 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed actions are CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney ��SgFFD(fc 0 ti Peter Young,Chairman Town I[all, 53095 Main Rd. Lauren Standish,Secretary P.O, lox 1179 Southold,NY 11971 Telephone(631)765-1892 Fax(63 1)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., October 9, 2013 the following recommendation was made: Moved by John Stein, seconded by Doug Hardy, it was RESOLVED to SUPPORT the application of MARY S. ZUPA to Amend Wetland Permit #5636 to install 60 tons 8"-10" rip-rap with filter fabric and install new thru-flow open-grate cap. Located: 580 Basin Rd., Southold. SCTM#81-1-16.7 Inspected by: Peter Young, John Stein Vote of Council: Ayes: All Motion Carried James F. King,President QF soajti Town Hall Annex Bob Ghosio,Jr.,Vice-President ��� �� 54 Main Road P..O.O.Box 1179 Dave Bergen Southold,New York 11971-0959 John Bredemeyer CA Michael J. Domino % �0 Telephone(631)765-1892 O,yco Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD APPLICATION FOR AN AMENDMENT TO A WETLAND PERMIT G q D'; DATE ( ( 3 .L D SEP 1 9 2013 D OWNER MARDI S, 20PA PHONE _u ...,. ADDRESS�5$O BASi& EDA 0 &'-a2 fl AGENT �A PHONE 4/ 4 ADDRESS 14, PROPERTY LOCATION Q AS 141 POA Dr S20f k) I _ TAXMAPNO. 31— 1 — 161 1l VVk iN R Rif S, Z U PA request an Amendment to Permit#�6 to '--/U " (See a�-acf�ed) Signed By: 411y NJ �1�1,3 Applicant proposes to repair erosion and damage to top of bulkhead caused by hurricane Sandy. Sandy tide came up approximately 10 feet over bulkhead and caused damage.Additionally, three years of observation has shown that the surf breaks over the bulkhead 4-5 times per year eroding the entire landward side.The area behind the BH has dropped 10-12 inches from what it was when the BH was installed in 2006. Prior to installation of the 2006,the area had severe gaps between the BH and the shore showing extensive erosion over the years. It is recommended by several marine specialists that that 8-10" rip rap be substituted for sand behind the BH to prevent further erosion and protect it from collapse.The rip rap will be placed landward 4 feet along the entire 300 feet of BH facing the Bay. Additional sea grass will be planted as needed. Mary S. Zupa, Applicant and Owner 580 Basin Road, Southold, NY 6nzfl SEAR PROJECT ID NUMBER APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1.APPLICANT/SP6NB6RR 2.PROJECT NAME Mllpu S. zoPRe-PA 3.PROJECT LOCATION: Municipality elfs i P. _S�U 11, County Sill 4.PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc -or provide map S N )IS P01/vT UAD 5.IS PROPOSED ACTION: ❑ New ❑Expansion H1 Modification/alteration 6.DESCRIBE PROJECT BRIEFLY: j0 REPlIl2 FUL- KHEAD , ZNS IA I l GG RI P RA P 1wifl, Iteh 1 hHfC_ /Y)�m 6 P A In/ Rei10Ve- e-1,(SI 111 iq' /Ar f1/"d1 I,vS -1—.91( Tht"u— IU Co/�e,v_ 7.AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? WYes ❑ No If no,describe briefly: 9.WHAT 1S PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open Space ❑Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) E]Yes W No if yes, list agency name and permit / approval: 11.DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ©Yes F]No If yes, list agency name and pemit / approval: U 12. ASA RE ULT OF PROPOSE ACTION WILL EXISTING PE IT/ APPROVAL REQUIRE MODIFICATION? esLJ No 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant //Spporn;M'NamB / 9Date: Signature /'r-cL ✓ / f the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE i THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAF. E]Yes ❑� No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. ❑Yes 2 No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattem,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly: C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: C6. Longterm.short term,cumulative,or other effects not identified in C1-05? Explain briefly: C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? E] Yes [Y7 No If Yes,explain briefly: E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes M No If Yes,explain briefly: PART III•DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e. urban or rural); (b)probability of occurring; (c)duration; (d)irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part 11 was checked yes,the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box ifyou have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. E] Check this box if you have determined,based on the information and analysis above and any supporting documentation,thatthe proposed action WIL NOT result in any significant adverse environmental impacts AND provide,on attachments as necessary,the reasons supporting this determination Board of Trustees `� Name o 426 T 7-0 / 3 ead Agency " �_ ate J4 144 �t F- K//V G President Print or Type Name of Responnsiyble Officer in Lead Agency Title of Responsible Officer /livr7.L0 kms-` _ -b ature cResponsible�icer m Lead ency Signature of Preparer rent from respons e o r) 0 0 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: � lOw2o� �ovl �o �� PO 13ox i1 '7 '� 90UHI-0/C( AIt Sft�,v� C� I� c_vi� v � cHESTE � ST. � kLI/vGTa/v M/� • �' � 4� 6- 7 ,06 STATE OF NEW YORK COUNTY OF SUFFOLK i"1fIRy s. LPA residing at SY(/ LdS JA/ P_(jA peso✓ � '� _1y y. 19 being duly sworn,deposes and says that on the day of oc�fa�e tk 20a, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named _ persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll o Town of Southold; that said Notices were mailed at the United States Post Office at 6 that said Notices were mailed to each of said persons by CERTIFIED MAIL TURN RECEIPT. Sworn to before me this— Jeanne Sweet Bantus Day of Qjyy ey- 20NOTARY PUBLIC,State of New York No.01BA6210083 Qualffied iSuffolk County Commis Commissioo n Expires August 10,20Ae� Not Public n Postal CERTIFIED MAILT,, RECEIPTM1 i m (Domestic . n1Y;No insurance Coverage Provided)M Ln u4 4 USE Postage $ $0.46 0971 C3 certified Fee 3 C3 p Return Receipt Fee 0' Postmark M (Endorsement Required) O 2,STj j Here Restricted Delivery Fee 0" (j(ty_8 04 O (Entlorsement Requiretl) 71YJ0(T � V J oTotal Postage&Fees $ 11 1 /2013 i M r TO s ,a M Sireei,APi:Ab:;-------.................... M1 or PO Box No. ' C/y,Stare,ZlP+4 _________________________________ :rr , Postal tj O CERTIFIED MAIL� RECEIPT fU (Domestic M a Ln M1 W13 ,gyp Postage C3 Certified FeepO Return Receipt Fee(Fsdomement Requiretl) Here Re6ldcted DeiNeryFee p (Entlgse ,d Rquired)p oTotal Postage&Fees 9 l m t MSheer.APGIJa________________________________________________________________________ M1 or PO Box No. :rr a ��o�OgpfFO(kcO�y 3 James F. King.Presidentti - Town Hall_53095 Main Rd. Bob Ghosio..Ir..Vice-President S. P.O. Box 1179 Dave Bergen d�7/Q Southold.NY 11971 John Bredemeyer �0� Telephone(63 1)765-1892 Michael J. Domino 1 �' Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of MARY S. ZUPA COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POS77NG REMAINS IN PLACEFOREIGHT DAYS I. �•)n R ! - Z U , residing at /dba R ��� p� of o 1 C]', lV, y. ► 971 being duly sworn, depose and say: That on the 7 day of 6c-Eo b�� , 2013, 1 personally posted the property known as Sf�O BAs).v RnA D, Sr)()'f7Ai cZ(A 3 ti )(_ l l q0 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 hearing. Date of hearing noted thereon to be held Wednesday, October 16,2013. Dated: (signature) Sworn to before me this l � day ofa, 2flS DANIELLE York �N New No oQualIn Suffolk commis sk>n Expkas [u otary Public ,NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: M"I Se Z"Pct.. SUBJECT OF PUBLIC HEARING: Amendment to Wetland Permit#5636 to install 60 tons of 8"-10" stone rip-rap with filter fabric membrane behind existing bulkhead; re-vegetate disturbed areas as needed with sea grass; and install new thru-flow open-grate cap onto bulkhead. TIME & DATE OF PUBLIC HEARING: &. Jmu66* Olc4v ber /6, 2013w a� ora�o�f"S P/Y1 If you have an Xterest in thisou s,ect j roare invited to view the Town file (s) Y ( ) which are available for inspectioy rior to the day of the hearing during normal business days between the hours 8 a.m and ,4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631 ) 765- 1892 B&d of Trustees Application County of Suffolk State of New York Mj E f S, 7 ORA BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Sigro(7�dTpbperty Owner 1 2 SWORN TO BEFORE ME THIS DAY OF }C IOt1e ,20 J DANIELLE GRATHWOHL Notary Public. State of New York Qual��.01 86208717 Commission Expires,n y11 Not Public APPLICANT/AGENT/REPRESEN't ATI VE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibit conflicts of interest on the pan of town officers and employees pH se of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Z u P,41 ,/t/W S (Last name,first name,Middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the.other person's or company's name.) - NAME OF APPLICATION: (Check all that apply.) - Tax grievance Building Variance Trustee X Change of Zone Coastal Erosion - Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other',name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest"Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. " Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicantlagentfrepresentative)and the town officer or employee.Either check the appropriate line A)through D)and(or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicgnt (when the applicant is a corporation); B)the legal or benefleial owner of any interest in a noncorporate entity(when the - applicant is not a corporation); C)an officer,director,partnery.or employ=of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day of Sept. 20,L Signature��q Print Form TS I IFown of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in i making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. li 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A Proposed action will be evaluated as to its significant beneficial and adverse effects uPon the coastal area(which includes all of Southold Town). Ii 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail listing both supnortinP and non supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION D E VA V E SCTM# _ PROJECT NAME SEP 19 2013 I The Application has been submitted to(check appropriate rores oulhoidTovra responsef7u 'c Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity, agency regulation, land transaction) (b) Financial assistance(e.g.grant, loan,subsidy) ❑ I (c) Permit,approval, license,certification: Nature and extent of action: IN5Fall 6o+oas S '' /u" RIPR.4P a.iih � Iteta ( Ric- y1e -.,h�.1t ✓ d CUJ� U� ��Ocu Ca PC. 6RA+t C,+ Location of action: -�1�/ p,} Sou I d. • Site acreage: j, 9 Present land use: h„ S� _ Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant:_ y S , Z U PA (b) Mailing address: ��o 9 ,4S I/t) k11 (c) Telephone number:Area Code �j (d) Application number,if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No© If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. W Yes ❑ No [] Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria W Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria © Yes ❑ No ❑ Not Applicable i I i Attach additional sheets if necessary i NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary i Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria n I ElYes ❑ No WNotApplicable i Attach additional sheets ifnecessary II Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section IH—Policies; Pages 22 through 32 for evaluation criteria. © Yes ❑ ❑ Yes ' No Not Appi0le L- L Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes [] No Not Applicable �i j ' Attach additional sheets if necessary ary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. Yes ❑ No `- Not Applicable PUBLIC COAST POLICIES i Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. IN YeN No❑ Not Applicable i f Attach additional sheets if necessary WORKING COAST POLICIES• Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary ! i I ' Policy 11. Promote sustainable use of living marine resources in Long Island,Sound, the Peconic Estuary and Town waters.See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. Yes ❑ No ❑ Not Applicable jl Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. I ❑ Yes ❑ No 1� Not Applicable r. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. Yes No ❑ Not Applicable ` � I � I PREPARED BYE// TITLE owN,�_IZ DATE • / , �3 P�EVrR to�a OAr � #AtAogQ' awl too � ,. 'r"w rKU dei RE4e0v67;Fvs hip Vss saw L%:,L-s s APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD DATE st Rtf Of 11 ECR R rr.ua►it r HOY 8 vrn �---_ S Sa FA'St tl • PARFU BY. EA LEVEL 1 N plan View MAPPF:%� 6 EAST M . w Ill N Y 8 D 8 C w E b[As'eE 11 5 In01 PHONE 516-721-Bis tAPP,ROVED AS PER TERM, Sheet I Of I AND CONDITIONS OF S SI'- 60' SGT>< 10ALE 00-BI-I-Ib.7 PERMIT NO,I'q'✓on�1pp-D30,9-9 490003 Southold, New York Tide Range: 25+1- DATE i� i3 oa DOtum: NbVD'29 3 Southold Bay p E Q E I _ E � C SEP g N5 GG "ew 202'./- q z N5 • GG N5 6G N5 GG NS :7c��"� 61 eYps to yeOcp WIN 4 nide pqN11; 8 p N5 w Rollof exM��rlq tNbt�tegrebnNn aNyoe.lf�/- LG . a-1-0-1%sa'ie 90Oo Mr 19169 9696 Lr- Wr IhIP nmt aelut.e vw Whed— N5 B5 °rse nsel;le•04. WP N5 r ;RDA /LG WPp PLANTING Wp B5 85 Lc N wP a8 I7 OtDBrS ULE NP Land of Zupo L N y P P F y NP `� N5 9B LG Y, Ns Na..w 5prvcn NP -. R NS AP Le Ima91n. a NP.NP ........., t LC ICDA RNoeoder -'-. P..4bE'� i�ej _G ✓.P. 005 511- c aver Ipt stil II i NP Ro.a eNe Plmb tnc. Dan, RPJA.......!49W/zzV•ebb �'4�"kh Ru»Iw 611ve 4�'I �anai� .NP '•.�!� O'alov^J,bras». titk_�1 .,xn ' •. ' `rbi�• �•3�-i7�M1! .: "Low Sill" Bulkhead b 04. ;P RD KP e} �qq �e. 2DA Cross Sectionxrs. .- .••NP b �tH 2DA RDA pion e'',O NP e° NP .votes 011rnrwo � '. NP RDA NP er NP _- --.!•• NP Aw+ S` zc W�r4, RDA 1 r tw•orq % , S y, NP - • - "n Irl W�weruo tv%n.�e � .. ••a '•SNP r--• _ 8 men r^0 Bost Deem 32 Feet of He. as aa.....:.. .__..a '..y All oeamo pile Iwnber, bN sill Sheath" ._ ". ember and pees q-e GGA usFg G-l.oe SheoNlrg a. ......,. treobd rood or plastic. x Ail b-dvqre cplvanlzed Cross Section y 2'GGA Gaft r— string" limit of B%agvgtlOn .1-•-- 10- . Ib'GGA piles \, b'on center Detail (top view) xSo 1� tle No.50197 od n G AHW htt�"W'.Wnwe t O tYinl 1�0.. �.. ,' BDBt 88$�tl u bb.r.pbaw•h p1.z.• 1; 11.a 6'oc. dead men , u ALW - 'G-LOG l ;I•z I{' AMENDED r'hO W. Oppro� e.m,�.a� 'u.rve 0831-02 14' 1mbe.500 feet of existing O 0 0 10-90-02 [ r Ytegthmc�Aallkheod Appprro%.300 res[or e%IstYttj - n-01-02 All demenslanal lumber, to be replace N place' tMtber smothing/o r"Od THl5 PLOT WA5 DEVELOPED timber and piles are GGA Ming G-Loc 5heathhy to be replaced'In pias• FROM SURVEYS OF Ob-79-02 treated Wood or plastic, 1o'•penet. ueing G-Loc 5heothmy ROBERT H. FOX.NY5 Lic. 501n1 AN hardWore Cgoivmized 1:nrwoz 1oso.oeAw [1pwNrbrW1! Pre OgUFFO(,�c Albert J. Krupski, President Town Hall James King,Vice-President = G'y� 53095 Route 25 Artie Foster P.O.Box 1179 Ken Poliwoda Z Southold, New York 11971-0959 Peggy A. Dickerson 'j�Q a�� Telephone (631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 21, 2004 Mrs. Mary S. Zupa 4565 Paradise Point Rd. Southold, NY 11971 RE: 580 BASIN RD., SOUTHOLD SCTM#81-1-16.7 Dear Mrs. Zupa: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., July 21, 2004: RESOLVED that the Southold Town Board of Trustees grants a One-Year Extension to Permit#5636, as issued on September 25, 2002. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office. Sincerely, oz"-v � Albert J. Krupski, Jr. President, Board of Trustees AJK:Ims r Aalys2�6a� � � 4566�.ara�se Y O/�LG�oua! Z66do/d, .,4eur&o4 11971 77 Dom. 02/1 ov 042097 W N � Received From F- `o Address OLayjaw�� Dollars$ Nv All O LLOZ For n rt c — H ¢ c HOW PAID 0 O 9300ACCOUNT N N AMT U OA9i ACCOUNT O m ANfi PND CHECK 1 BALANCE MDNEV ONDEN Y DUE CNEDI7LPAD I 6cLw., % fid — 0- Q C'cotr�l Albert J.Krupski,President 4 • Town Hall James King,Vice-PresidentFFD( `Q� ��r 53095 Route 25 Artie Foster �O" �/i P.O.Box 1179 Ken Poliwoda C Southold,New York 11971-0959 Peggy A. Dickerson Z Telephone(631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. MARY ZUPA INSPECTION SCHEDULE xx Pre-construction, hay bale line 1st day of construction '/2 constructed xx Project complete, compliance inspection. Date�a7/O3 _ 041232 CO Received From 2 P. rn Address c cc c tiDiid 3 La > r� Z For a D011ers$ /0 U. u_ Z c � 0380 — 0 O y HOW PAID N AMT OF UQ ACCiUNi CASH to AMT PAID CHECK BAS NCE E+TN 0g0Eq DUE CREDIT CARD F 1 Board Of Southold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. 50% DATE:Sept. 25,._2002 b YARS. ISSUED TO MARY... .. .....ZUPA_. ........... .. . _ ...._.. ....._. .... z � ,fix#I�nri�ativn ,, Pursuant to the provisions of Chapter 615 of the Laws of i the State of New York, 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;'.'. and in accordance with the 'r. Resolution of The Board adopted at a meeting held on ..Sept. 25, X 2002...., and in consideration of the sum of $ 200.00 . . paid by Mary S. Zu a P . ..... . ............ ............ .......... ..... .. iY of ...... .. Southold N. Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: R x (SEE ATTACHED) I 580 �asin Rd. , Southold SCTM#81-1-16.7 all in accordance with the detailed specifications as presented in the originating application. r IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be affixed, and thesepresents to r be subscribed by a majority of the said Board as of this date. S�FFot�-�o� in � — j Trustees AL y t �Ay sad TERMS and CONDITIONS The permittee Mary S. Zupa . residing at 4565 Paradise Point Rd. , Southold N. YM as part of the consideration for the issuance of the Permit does understand and prescribe to the fol- lowing: 1. That the said Board of Trustees and the Town of Southold ate released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any oper- ation performed pursuant to this permit, and the &aid Permittee will, at his or her own expense, defend any and an sock suits initiated by third pardes, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustee of the Town of Southold 24 2. That this Permit is valid for a period of mos. which is considered to be the estimated time required to complete the work involved, but should circumstances warram, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that anth- orization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board at its agents, and non-compliance with the provisions of the originating application, may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein auitborized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations irk the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstrucuou to free navigation, the said Permittee will be requited, upon due notice, to remove or alter this work or project herein stated without expenses to the Torn of Southold 8. That the said Board will be notified by the Permittee of the completion of the work auth- orized. 9. That the Permittee will obtain all other permits and consents that may be requited sup- plemental to this permit which may be subject to revoke upon failure to obtain ssm& Albert J. Krupski, President • • Town Hall James King,Vice-President FFOI/C 53095 Route 25 Artie Foster ,ro� P.O.Box 1179 Ken PoliwodaSouthold, New York 11971-0959 Peggy A. Dickerson rA Z Telephone(631) 765-1892 Oy !� Fax(631) 765-1366 dol * Sao BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MARY S. ZUPA 580 BASIN ROAD, SOUTHOLD SCTM#81-1-16.7 Wetland Permit 45636 to construct a single-family dwelling, porch and patio, on-site sewage disposal system, free form in-ground(gunite) pool (approx. 16'X 32') and pervious driveway, replacement of a 495' bulkhead and install approx. 52' of low-sill bulkhead for erosion control, and install 4' wide steps to the bay. Re-vegetate approx. 640 sq.ft. landward of the new low- profile wall with spartina altemiflora 18"on center, re-vegetate section of buffer area, and removal of the existing asphalt driveway, with the following conditions: Drywells and gutters to the house, drywell for the backwash of the pool, haybales at the buffer area prior to construction and during construction, a work plan describing how the work will be conducted, and as depicted on the approved plan last revised January 24, 2003 and survey last revised January 23, 2003. Albert J.Krupski, President • 0 Town Hall James King,Vice-President _p$VFF��1�'C 53095 Route 25 Artie Foster ,r0 OG_ P.O.Box 1179 Ken Poliwoda Southold,New York 11971-0959 Peggy A. Dickerson W Telephone(631) 765-1892 ip !� Fax(631) 765-1366 .�►pl * JX BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 22, 2003 Ms. Catherine Mesiano Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940-1222 RE: MARY S. ZUPA 580 BASIN ROAD, SOUTHOLD SCTM#81-1-16.7 Dear Ms. Mesiano: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, September 25, 2002 regarding the above matter: WHEREAS, Catherine Mesiano, Inc. on behalf of MARY S. ZUPA applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated July 3, 2002, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on September 25, 2002, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 97 of the Southold Town Code, 2 WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of MARY S. ZUPA to construct a single-family dwelling, porch and patio, on-site sewage disposal system, free form in- ground (gunite) pool (approx. 16'X 32') and pervious driveway, replacement of a 495' bulkhead and install approx. 52' of low-sill bulkhead for erosion control, and install 4' wide steps to the bay. Re-vegetate approx. 640 sq.ft. landward of the new low-profile wall with spartina altemiflora 18"on center, re-vegetate section of buffer area, and removal of the existing asphalt driveway, with the following conditions: Drywells and gutters to the house, drywell for the backwash of the pool, haybales at the buffer area prior to construction and during construction, a work plan describing how the work will be conducted, and as depicted on the approved plan last revised January 24, 2003 and survey last revised January 23, 2003. BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency, which may also have an application pending for the same or similar project. Permit to construct and complete project will expire two years from the date the permit is signed. Inspections are required at a fee of$5.00 per inspection. (See attached schedule.) Fees: $10.00 Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/lms S.. O... UTHOLD -TRUSTEES No. m Issued To Date *mqw% Address THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE XOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 :C MESIRNO INC. FRX NO. :631-878-8951 ec. 30 2002 10:23RM PS 12 911,02 RUN 10:12 FAd 518 19116 Southold Toga Accoun L0.1uut FROM :C PESIF#40 INC. FRX NO. !631-878-8951 J)ec. 3u Z002 10:0-AW 11 nd S11FF0(¢ CFZ Town Het1,680961lfe1e Read 391-TZASET C`NR�'� s fs P.O.Sax 1}79I 3e.aA..11.Nae+Yarlc; 1991 nec:arawa oa,nT^L&T-TIsrlcs 8a:(616)76R 7 a Ru==ns M^M(l3MzNT 0"ICElt Telphoae(616)769 1800 as r M0M Oa IN1101tMATION OFFICZlt OFFICE OF THE TOWN CLBRK TOWN OF SOLITHOLD ` - APPUt7AMW FOR PUBLIC ACCFSS TO RECORDS � I i INSTRUCTIONS: Please complete Section I of this form and give to Town iCif�k's UTTI-25--ra—gency Freedom of Information Officer) . One copy will be returned 'tol you ;n response to your request, or as an interim response. i i SECTION I. (Department orOfficer, if known. that has t n ormation you are requ;sting ) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, isuloply date, file title, t(a�x; map number, and any other'F5ertinent information. ) + _-? L'%-0It. + SLI ()ll U ^ ? i r 1 4.'. J Signature of Applimnt: w Printed Name: ^T CA-rrrE L/w� Address: /2 AJ4-e_ ZiF, ��✓ �+�c A/ V Mailing Addness (if different from above) Te Data; _��_--- -�---- - I ] APPROVED C ] APPROVED WITH DELAY* J DENIED* DEC ? 0 l e� ! Free of Information Officer So9tholdTownClerk 1 e see reverse side for explanation. 1401% A4 A++14%" M 7671 hale ��,From Co.Phma a ��Fax a %gFFO(,(C ELIZABETH A. NEVILLE „`l` �Gy Town Hall, 53095 Main Road TOWN CLERK o P.O. Box 1179 CIO Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 0 MARRIAGE OFFICER • Fax(516,) 765-1823 y ��! RECORDS MANAGEMENT OFFICER �Ql � a Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer) . One copy will be returned to you in response to your request, or as an interim response. SECTION . TO: (�(,lJ f 1 �► (�L� ��LS (Department. or Officer, if known, that has the information you are requesting. ) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information. ) Signature of Applicant: Printed Name: ANDy� ]Q /, Address: Av/l I,- Jed C2n1�011 27 Mailing Address (if different from above) :a'� (T�Gc/ylPPll f GL f�Ks071 �� �J� Telephone Number: (,1731 - 7(95__& 3 3�p—D]attee:Y l0ao3 - `----- --------------------- [ ] APPROVED RECEIVED [ ] APPROVED WITH DELAY* [ ] DENIED* AUG 16 2002 E6Wabeth A. Fl`ev(Ilepie Freedom of Information Officer soethO own Clerk * If delayed or denied see reverse side for explanation. ELIZABETH A. NEVILLE hyo Gy Town Hall. 53095 Main Road TOWN CLERK c P.O. Bos 11-,9 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS i • Pr?r�i Fax (5161 765-1823 MARRIAGE OFFICER Cot- ' Telephone (516) 765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TONVN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer) . One copy will be returned to you in response to your request, or as an interim response. ---------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- SECTION 1. TO: � L(2 (Department or Officer, if known, that has the information you are requesting . ) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information. ) ( / 1)oc. uMl�jt-u L ;QRS �r sr=£Mitis( iy/i e M/rS I/-cioR ZrJr'A/l QA i tiimoi ) S -) vTfloGn rZT/J L As T Z/IiyS7eES i r /f Signature of Applicant: Printed Name: — - Address: J'o D h C/ / / rAi—1 l(/C Mailing Address (if different from above) : Telephone Number: -7 Date: [ ] APPROVED [ ] APPROVED WITH DELAY* [ ] DENIED* RECEIVED Eliza h A. Neville A9@te 5 2002 Freedom of Information Officer- If fficerIf delayed or denied see reverse side for explanation. SoutkoldTown Clerk ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 ti Z Southold, New York 11971 REGISTRAR OF VIT.aL STATISTICS Q • Fax ('516) 765-1823 MARRIAGE OFFICER Telephone (516) 76.5-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer) . One copy will be returned to you in response to your request, or as an interim response. SECTION I. n TO: X7I�X )�jwy 10 (Department or Officer, if known, that has the information you are requesting. ) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply dat file title,, tax map number, and any other pertinent information. ) l t( 4Ki Signature of Applicant: Printed Name: t Address: 1 v d �OJLU ) 'f Mailing Address (if Idifferent from above) : Telephone Number: Date: ------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------ [ J APPROVED [ ] APPROVED WITH DELAY* [ J DENIED* RECEIVED [ _ JUL 12 20CLI Eliza eth A. Neville Date Freedom of Information Officer Southold Town Clerk * If delayed or denied see reverse side for explanation. VICTOR J. ZUPA NOV ATTORNEY AT LAW 4565 PARADISE POINT RORID, � . SOUTHOLD, NEW YORK I E-MAIL vzupa(a)Optonline.net TELEPHONE(631)765-6112 FACSMME (631)765-6119 VIA FACSIMILE AND MAIL November 25, 2002 Albert J. Krupski, President Board of Town Trustees Town of Southold Southold, NY 11971 Re: 1000-81-1-16.7 Application for a Wetlands Permit Dear Mr. Krupski: You stated to my wife, Mary that a decision would be reached this past Thursday afternoon as to whether the wetlands permit for the site plan on Lot 16.7 would be issued. My wife has not heard from you, and her phone call to your home last Friday remains unanswered. There have been seven appearances relating to this property before the Trustees for environmental review. Very little discussed during these hearings had to do with matters within your jurisdiction, i.e. environmental issues relating to the waters, shoreline and wetlands of Southold. Instead, a private Association has been allowed to abuse the process by persuading the Trustees to withhold environmental approval until Mary Zupa agrees to make a gratuitous conveyance of the shoreline of her property to the Association. After the hearing held on September 25, 2002, my wife's attorney and expediter, Eric Bressler and Cathy Mesiano, had reported to us that the Trustees had approved the site plan and would issue the wetlands permit. We were under that assumption until a neighbor told my wife last week that the president of the Association had sent a letter to its members stating that a wetlands permit had not been granted and that certain legal disputes, which are presently before a Supreme Court Justice in Suffolk County, had to be resolved favorably with the Association. This was confirmed when we received in response to a request for a copy of the permit, a sheet of paper of what appeared to be page two of a letter that stated that while the site plan was approved environmentally, a wetlands permit was conditioned upon the satisfactory resolution of disputes, which are presently before a Supreme Court Justice. The statement continued that these issues had to be resolved within 6 months---effectively usurping judicial authority. The Trustees apparently choose to provide their revised decision to the Association without informing the applicant. We have provided you with your requested legal opinions on easements, documentation disproving unsupported oral claims of"deeded rights," and a written representation from the State of New York together with its official land map that the bed of the Basin is Andros lands, and is owned by the Trustees. We have been asked to provide inspections of electrical installations in wetlands, which are supposedly a non-disturbance buffer zone, and send letters to you ostensibly for the purpose of the Trustees fulfilling their responsibility to limit unlawful structures in the waters, shoreline and wetlands of the Town. After this was done, the Trustees took the opposite position, which supported the docks. The Trustees have acted as advocate for the Association despite the fact that the Trustees own records show that it has sanctioned the Association's abuse of the waters, shoreline and wetlands of the Basin. The Trustees even orchestrated a back room, off the record meeting with Mary Zupa, and attempted to exclude her attorney while the attorney for the Association was present for the purpose of coercing her into conveying fee title to the shoreline of her property to the Association. The penalty for failure to convey: the Trustees would withhold the wetlands permit. You expressly excluded me by stating to me that "it was a meeting between principals only." There have been numerous and self-admitted ex parte communications between the Trustees and representatives of the Association. This has created an irrational bias against Mary Zupa having nothing to do with environmental matters. I believe that one or more Trustees have business and/or other pre- existing relationships with representatives of the Association which prevent them from participating in this matter and discharging their duties. The Trustees have exceeded their jurisdiction, have failed to discharge the duties to which they have been entrusted and have acted in an arbitrary and irrational manner. At best this amounts to misconduct, and at worst, to unethical behavior. The Board's actions to date belie what has been reported in the papers to be its difficulties because of its workload and lack of guidelines. At least in this case, the Trustees have created their own workload Accordingly, if the wetlands permit, which is required to proceed with approval from other agencies and with work to correct erosion, is not received within the next two days, appropriate action will be taken which will include a legal action addressing the issues described in this letter. Sincerel , Cc E. Brownell Johnston Eric Bressler, Catherine Mesiano 2 11i=5:'=��3� °: 1P5?1'555119 • VICTOR ZUPA PAGE 0'.' • t VICTOR J. ZUPA ATTORNEY AT LAW 4563 PARADISE POINT ROAD SOUTHOLD,NEW YORK 11971 E-MAIL vzupaPoptonline.net TELEPHONE(631)769-6112 FACSIlAHE (631)765-6119 VIA FACSIMILE AND MAIL November 25, 2002 Albert J. Krupski, President Board of Town Trustees NOV 2 5 2[" Town of Southold Southold, NY 11971 Re: 1000-81-1-16.7 Application for a Wetlands Permit Dear Mr. Krupski: You stated to my wife, Mary that a decision would be reached this past Thursday afternoon as to whether the wetlands permit for the site plan on Lot 16.7 would be issued. My wife has not heard from you, and her phone call to your home last Friday remains unanswered. There have been seven appearances relating to this property before the Trustees for environmental review, Very little discussed during these hearings had to do with matters within your jurisdiction, i.e. environmental issues relating to the waters, shoreline and wetlands of Southold. Instead, a private Association has been allowed to abuse the process by persuading the Trustees to withhold environmental approval until Mary Zupa agrees to make a gratuitous conveyance of the shoreline of her property to the Association. After the hearing held on September 25, 2002, my wife's attorney and expediter, Eric Bressler and Cathy Mesiano, had reported to us that the Trustees had approved the site plan and would issue the wetlands permit. We were under that assumption until a neighbor told my wife last week that the president of the Association had sent a letter to its members stating that a wetlands permit had not been granted and that certain legal disputes, which are presently before a Supreme Court Justice in Suffolk County, had to be resolved favorably with the Association. This was confirmed when we received in response to a request for a copy of the permit, a sheet of paper of what appeared to be page two of a letter that stated that while the site plan was approved environmentally, a wetlands permit was conditioned upon the satisfactory resolution of disputes, which are presently before a Supreme Court Justice. The statement continued that these issues had to be resolved within 6 months---effectively usurping judicial authority. The Trustees apparently choose to provide their revised decision to the Association without informing the applicant. 11%2512002 6,: 1P 5317E5G119 VICTOP ZUPA PAGE 02. t We have provided you with your requested legal opinions on easements, documentation disproving unsupported oral claims of"deeded rights," and a written representation from the State of New York together with its official land map that the bed of the Basin is Andros lands, and is owned by the Trustees. We have been asked to provide inspections of electrical installations in wetlands, which are supposedly a non-disturbance buffer zone, and send letters to you ostensibly for the purpose of the Trustees fulfilling their responsibility to limit unlawful structures in the waters, shoreline and wetlands of the Town. After this was done, the Trustees took the opposite position, which supported the docks. The Trustees have acted as advocate for the Association despite the fact that the Trustees own records show that it has sanctioned the Association's abuse of the waters, shoreline and wetlands of the Basin. The Trustees even orchestrated a back room, off the record meeting with Mary Zupa, and attempted to exclude her attorney while the attorney for the Association was present for the purpose of coercing her into conveying fee title to the shoreline of her property to the Association. The penalty for failure to convey: the Trustees would withhold the wetlands permit. You expressly excluded me by stating to me that "it was a meeting between principals only." There have been numerous and self-admitted ex parte communications between the Trustees and representatives of the Association. This has created an irrational bias against Mary Zupa having nothing to do with environmental matters. I believe that one or more Trustees have business and/or other pre- existing relationships with representatives of the Association which prevent them from participating in this matter and discharging their duties. The Trustees have exceeded their jurisdiction, have failed to discharge the duties to which they have been entrusted and have acted in an arbitrary and irrational manner. At best this amounts to misconduct, and at worst, to unethical behavior. The Board's actions to date belie what has been reported in the papers to be its difficulties because of its workload and lack of guidelines. At least in this case, the Trustees have created their own workload Accordingly, if the wetlands permit, which is required to proceed with approval from other agencies and with work to correct erosion, is not received within the next two days, appropriate action will be taken which will include a legal action addressing the issues described in this letter. sincere). , Cc E. Brownell Johnston Eric Bressler, Catherine Mesiano 2 11/25/2002 03: 18 6317656119 VICTOR ZUPA PAGE 01 ' 4565 Paradise Point Road Southold, 6 175 VICTOR J. ZUPA Telephone 631 765.6112 Facsimile 63176.5-6119 Attorney at Law E-mail vzupa@optonrine.net Fax To: Board Of Trustees From: Vic Zupa Fax: 7651366 Pages: 3 Phone Date: Re: CC: E.Bl4wnellZhnston 734 5891 See attached letter. Albert J. Krupski, President • . Town Hall James King, Vice-President -p$VFFDI/( 53095 Route 25 Artie Foster ,r0 0/i P.O.Box 1179 Ken Poliwoda .2 Southold,New York 11971-0959 Peggy A. Dickerson Z Telephone(631) 765-1892 Fax(631) 765-1366 dol � Sao BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD EMERGENCY WETLAND PERMIT Permit Number: 5653 Date: November 21, 2002 Name of Applicant/Agent: Catherine Mesiano, Inc. Name of Permittee: MaryZupa Address of Permittee: 4565 Paradise Point Road Southold, NY Property Location: 580 Basin Road Southold, NY Description of Activity: Replacement of approximately 495 feet of bulkhead, installation of 52 feet low sill bulkhead, re-vegetate approximately 640 feet landward of new low profile wall, vegetate disturbed areas landward of bulkhead replacement. BE IT FURTHER RESOLVED that this determination should not be considered a determination made for an other Department or Agency, which may also have an application pending for the same or similar project. Very ytruly yours, / D Albert J. Krupski, Jr. President, Board of Trustees AJK:cjc Cc: DEC FROM :C MESIRNO INC. 4A NO. =631-878-8951 No 20 2002 10: 14RM P1 CATHERINE MESIANO, INC. Licensed Real Estate Broker Real Estate Consultant November 18, 2002 Albert Krupski, President Southold Board of Town Trustees Box 1179 Southold, NY 11971 NOV 2 0 Re: Mary Zupa 580 Basin Road, Southold - Dear Mr. Krupski: In response to my request for a copy of the Trustees resolution approving the request of Mary Zupa for a Wetlands Permit to build a house together with other site improvements and replacement of existing bulkhead, installation of new bulkhead, and revegetation of certain areas of the subject property, I received what appears to be an unsigned, undated copy of page 2 of a Wetlands Permit with a recitation of the approved permitted activity. Reference was made to certain "conditions'. We have found it impossible to discem the intent of the material that was provided. At the time the hearing was closed and the Trustees determination was rendered, it was my understanding that the application was aooroved and the Wetlands Permit would be forthcoming. There was no expectation that the Wetlands Permit would be withheld pending "conditions". I must remind you that during the course of the hearing; on behalf of Mrs. Zupa, I withdrew without prejudice all reference to activity in the jetty area. Further, I withdrew without prejudice all reference to the removal and/or construction of any dock structures. With respect to the "right-a-way-prescribed easement situation", I must again remind you that Mrs. Zupa does not dispute the recorded, described easement.that provides access to the docks purportedly owned by the Paradise Point Association. The "Basin" is on a lot separate from the Zupa property. No activity is proposed within the "Basin", and is therefore not the subject of this application. Ownership of the "Basin" has no bearing on this application or approval. Your requirement of drywells being included in the site plan, gutters and leaders being incorporated into the house plan and a row of staked haybales being placed at the 50' buffer line was accepted. A"work plan" will be provided to your office prior to the commencement of bulkhead construction and 12 Mill Pond Lane - Bast Moriches, New York 11940 • 631.878.8951 FROM :C MESIRNO INC. _XNNO. :631-878-8951 No 20 2002 10: 14RM P2 replacement. It was further understood and agreed that the Trustees' jurisdiction and responsibility extends only to environmental issues and activity within 100' of the wetland boundary, that the Trustees' determination "is not an approval from any other agency". Therefore, the Wetlands Permit would not be withheld pending the outcome of an application before another agency or department of the Town. nn 99 When Mrs. Zupa requested the document in its entirety, she A%�aBvised by your office that neither the entire document nor the Wetlands Permit would be released until all "conditions" were met. Based on the forgoing, we request that the Permit be issued immediately. L. - Be advised that erosion has and is continuing to occur at a dangerous rate along the bulkheaded and unprotected areas of the shoreline at the subject property. I refer you to your own Standards, Chapter 97-28. The Trustees failure to act is adversely affecting the wetlands of the town, causing damage from erosion, adversely affecting the natural habitat, increasing the danger of flood and storm- tide damage, adversely affecting navigation and flow of tidal waters, weakening and undermining the lateral supports of the subject property, and otherwise affecting the general welfare of people of the town. Further, we respectfully request an appointment to appear before the Trustees at the work session prior to the November 20, 2002 public hearing in the event this matter is not resolved prior to that time. Very truly yours, A6f, .� Catherine Mesiano, President Cc: Victor& Mary Zupa Eric Bressler, Esq. Post-It"Fax Note 7671 Dat.024:I z w ► Z Co./Dept Co. Phone N Phone 6 Faxa Fax M 1 Edmond H.Curcuru �Y2 450 Basin Road, Paradise Point P.O. Box 771 Southold,New York 11971 348 L __ . tt � �VtaM M 'A( CoNccRtj ' p s 0 vv .-) e,r• o-V rCN_ l a t cw, c� ��CL n� ,vim n ro.r4a% S2 .��poL1 n�h4r2 J ( qRY —zvPP S J Mun n n� t� �v , I d a, l are�t jUfe , �,r� Con Ctr n�c� me -(- J r — yy14' o ( 2,CLgv >4i3OAJ 7ZC6v , tZCYJ rO � �bfpp� �u I L iJ c N F- <a ry-­� P, m7SA c e n'-T W 4-t_- h as sL O'y-) c S On 144 w Y--- "yrVf vn mLj )oh 1` I L, j 1o � w S p� ICR SL C Dr O � ` AHI A, Col V CA, u Y7 In cI1rl�/ C. ck U 5-4? __ -- Y-, A'Y•u S , sr> ,} m kk z-v, O>1 t rkz 1 S O Q(�0 �' �yr�Q I a� ty�}� ,C � q b v+S ry7 t_ �Y Grp 1�( _`�" Y4, ` "`i u I 1 S � lie, Sx� � , c \ rim L <2,. 2 c-A r)Y)0 lie u � nt � 'VD 0(N )OiS ; n r 4-b `.v r) '1i j°` r�'r7e'r S -�2 h �G 1,,f rS�� � C_. Tl S ,� d4 V� 5 Y9t Y)Ce 1_ \6 O I} �'l 0l V/ - tt hQ .7 [SYL�r �K nv -7� Tt7 YJ r, rl r� t� A t ' t-1 U 'J ,l tw -I`1C.I'� U n N 1�I c- LI (-A p l C o 1 S . CLA I ciA-' 0 T) U, C O rI cin ✓] Illy- e/4t - � i • CHI(--AGO TITLE INSURANCE COMPANY 711 THIRD AVENUE, 5TH FLOOR, NEW YORK, NY 10017 (212) 880-1200 (800) 525-2511 FAX (212) 880-1407 Arnold.1f. Bottalico Assistant lice President Claims Counsel Email ahottar4fnf.cam August 28, 2002 Kevin Barr, President Paradise Point Association C/O Sinning Box 724 Southold, NY 11971 S-P _3 7llfl? Re: Claim No.: l 14303 hrsured: Zupa Premises: 4565 Paradise Point Road, Southold NY Dear Mr. Barr: We have received a notice of title claim from Mary S. Zupa relative to the above referenced property. Specifically, we have been advised that the Paradise Point Association is alleging a right to use the asphalt driveway that runs through Ms. Zupa's land from Basin Road to the jetty in the rear. This company is not aware of any instrument of record nor legal theory that grants the Association a right to access the asphalt driveway. Please advise us as to the basis for the association's claim. Please also be aware that this matter requires immediate attention and therefore, we would appreciate a timely written response from the Association. Thank you for your anticipated cooperation. SincV,, Asst Claims Counsel AMB/cs Cc: Albert J. Krupski, President Board of Town Trustees Town of Southold Southold, NY 11971 0 0 CATHERINE MESIANO, INC. Licensed Real Estate Broker Real Estate Consultant V September 25, 2002 Albert Krupski, President Board of Trustees Town of Southold Box 1179 Southold, NY 11971 Re: Mary Zupa 580 Basin Road, Southold SCTM # 1000-81-1-16.7 Dear Mr. Krupski: On behalf of Mary Zupa, applicant and owner of the above referenced property, I make this formal demand for closure of the public hearing and a decision with respect to the pending application for a Board of Trustees Wetlands Permit. This matter was first brought before the Board on July 24, 2002, held open until the August 21, 2002 hearing and again until the hearing today. We have provided sufficient data to demonstrate our compliance with the standards set forth in Chapter 97-28 of the Town Code. The Board has an obligation to make a determination based solely on the environmental aspects of this matter. The Board's failure to do so will adversely affect the wetlands of the Town, cause damage from erosion, adversely affect aquatic wildlife and vegetation or the natural habitat thereof, increase the danger of flood and storm tide damage, adversely affect navigation on tidal waters of the town, change the course of a channel, weaken or undermine the lateral support of land and adversely affect the general welfare of the people of the town. Chapter 97-27 clearly states "The validity of this permit is or may be subject to the approval of other governmental or municipal authorities." The Trustees approval is only one of many required for the development of the site. The Code further states that "Acceptance of the permit is acceptance of this condition." The Board's authority extends only to the environmental aspects of this project. We respectfully request that a determination be rendered. Very truly yours, 17 atherine A. Mesiano, President 12 Mill Pond Lane • East Moriches, New York 11940 • 631.878.8951 VICTOR J. ZUPA /AUG - 7 W ATTORNEY AT LAW 4565 PARADISE POINT ROAD SOUtHOLD,NEW YORK 11971 E-MAIL vzupapconcentric.net TELEPHONE(631)765-6112 FACSIMILE (631)765-6119 Via Facsimile August 5, 2002 Albert Krupski, President Board of Trustees Town of Southold Southold, NY 11971 Dear Mr. Krupski: I have heard several times during the course of hearings before you that I am not proceeding in a proper sequence, i.e. I should first proceed before the ZBA because of the 1995 ZBA decision denying the Millers a setback variance. It has also been thought by one Trustee that an environmental determination of the Trustees would somehow conflict with another Town agency, i.e. the ZBA. While neither the Town Code nor any other directive indicates that a certain sequence must be followed, the Chairman of the ZBA, Gerry Goehringer, has directed the sequence I am following. Well over a year ago, and before my wife signed a contract to purchase the property, I discussed the residential development of 580 Basin Road, with Mike Verity, Gerry Goehringer, Valerie Scopaz and Greg Yakaboski. Gerry Goehringer stated that the 1995 ZBA decision was based, at least in part, on the Millers position that they were not resilient on the setback variance they requested and that they were not willing to proceed given the vehement objection of the Paradise Point Association and individual members at public hearings. For Mr. Foster's benefit, Mr. Miller will, at the next Trustee hearing, explain why he "gave up." Mr. Goehringer also stated that the 1995 ZBA decision was based, at least in part, on his exasperation with the residents of Paradise Point who "came out of the woodwork" (his expression), not only at the hearing, but on a daily basis in his office. I stated to Mr. Goehringer that any site plan I submitted would adhere to all zoning and setback restrictions. Mr. Goehringer then asked me to address certain legal issues relating to the 1981 Minor Subdivision Map of Paradise Point by reviewing Town files and researching NY Town Law. I thoroughly examined the files of the ZBA, the Town Planning Board, the Building Department and the Tax Assessors office, and addressed the factual and legal issues in a detailed memorandum. Mr. Goehringer then said 2 It is recommended that if you would like to file an application to build a house, which would meet all zoning regulations, then your first step would be to make application to the Town Trustees, and Building Department, with all required documents. See the attached letter dated October 17, 2001 from Goehringer to Zupa. The letter states in another place that I should first receive an environmental determination from the Trustees, instead of what is being suggested now, i.e. that I should go back to Goehringer and start there. Goehringer assumed that you would make an environmental determination only, and obviously that any favorable environmental determination made by the Trustees would not be in conflict with the ZBA. You should also know that during my review of the transcript of the 1995 ZBA hearing before the ZBA pretty much the same individuals were involved in blocking approval, and Mr. Cuddy was their representative, However, it should be noted that no one raised the unsupported title claims (easements) which are now being raised before the Trustees. Again, the Trustees have only been asked for an environmental determination for which Goehringer asked me to go to you first. Hopefully, the letter from Mr. Goehringer which is enclosed will help. Sincerely, Individual Trustees File i�� VICTOR J. ZUPA ATTORNEY AT LAW 4565 PARADISE POINT ROAD SOUTHOLD, NEW YORK 11971 E-MAIL vzupa(o)concentric.net TELEPHONE(631)765-6112 FACSMGLE (631)765-6119 July 30, 2002 Albert J. Krupski, President, Board of Town Trustees Town of Southold Southold, NY 11971 Re: 1000-81-1-16.7: Illegal Docks and Structures Removal Dear Mr. Krupski: Pursuant to our conversation last week, this is a formal request for the removal of illegal and unpermitted docks and structures from the Basin, and the wetlands and adjacent areas within the jurisdiction of the Town Trustees and which exist on Lot 16.7. As has been previously shown, the Basin (including the bed of the Basin) is owned by the Town of Southold under the Andros patent. Copies of documents from the State of New York are attached. In addition to causing harm environmentally, the docks, the numbers of boats at the docks, the electric boxes and lines, guy wires, electric air and water pumps and other accessory structures present a hazard to persons and property and a public nuisance. The owner of Lot 16.7, Mary Zupa, specifically disclaims any liability for personal injury or property damage which may result from the express or implied consent of the Town to their maintenance. As per your request, a member of the electrical division of the NY Board of Fire Underwriters will be inspecting the electrical installations to report on violations. However, regardless of the outcome of that inspection, it is requested that immediate action be taken by the Town to remove these structures. The Town Zoning Map shows now, as well as at the time we purchased our present home, that this area including the Basin, is residential. Sincerely, Trustees File ` �r F .w� b � d JOSEPH J. SEYMOUR STATE OF NEW YORK EDMOND F. SCHORNO COMMISSIONER EXECUTIVE DEPARTMENT FIRST OMTY COMMaSIONER OFFICE OF GENERAL SERVICES MAYOR ERASTLIS CORNING 2ND TOWER ' THE GOVERNOR NELSON A ROCKEFELLER EMPIRE STATE PLAZA ALBANY.NEW YORK 12242 7 I March 8, 2000 Ms. Marie Page Assistant Vice President Title Officer Fidelity National Title Insurance Company of New York 24 Commerce Drive Riverhead, New York 11901 Dear Ms. Page: I Re: Status of Tax Map Parcel 16.10 Southold, Suffolk County This is in response to your letter to Mr. Louis Gnip regarding the status of the small canal parcel of land off Southold Bay. The records in our office indicate that the lands in question were part of the Andros Patent granted October 31, 1676. The grant included all Rivers, Lakes, Waters, etc. The State of New York does claim sovereign ownership of all ungranted lands in the Peconic Bay up to the high water mark. In an area such as the canal in question, the limits of the State ownership would run from headland to headland at the mouth of the canal. A copy of our water grant index map for this area is enclosed for your use. Thank you for your interest in the lands underwater program, which is administered by She Office of General Services. Please contact me at (518) 486-1479 if you have any further questions. Sincerely, R_iclhard W. Bennett, L.S. Public Lands Surveyor Examiner Bureau of Land Management Enclosure - -- - - - inn of the SHORE LINE OF SUFFOLK COUNTY. N.Y. , r showing the TIDE 'I it t ; made by AEa A'ammissionero of fktt vans price an& f4c, pt=gisfafurp. JLPalso the LIKE OF ORIGINAL HIGH WATER. EPARED FOR THE COMMISSIONERS OF THE LAND OFFICE coder the directlon of H4. V4M ALSTYNE. STATE ENOINEEg /IND SUgVBY0q. 1806. i • PYA 14 T H O L U n i� 9 • a M o y a • a • r $ o • • c o • A/ v N t 1 ). Gd•rHawL Ibmc L d p S C Q N r c B A Y i N • ^ .`gyp\. Jt\S PAF, v(eS\et\V `�\pN .pF \exp �`•, �°pa : . .. �V Z o a e L J �• N Y u N I g - Q _ Z • d p m O cc ¢ i ti m ^ � b 6• Q Q u .. m. J �• 6� n O � W � N •O ] ; m ry Z� � t m � U o m U• Q - m Z .• W r• W J .b � e L6 VAgr IrC m O n t O o n N - �.�.., •. a. Q Q ; ngn n ¢ n mW N O O �a-o �• u m' Z to O O Y10 O J z m � ¢ Z •^ � = J Q O m � n 1 f o W < 'T 0 Z G ~ ¢ r m m I W O ¢ O O Q m Z m W Q m f m J W Q ¢ a W W V N N s Iu a• S Q � S ¢ N O r J `t -• - N C ¢ r J C N Q ¢ C U W m 3 ¢ 3 U Z a cc m W ¢ Jr 0 2 N O a' O ¢ W O — 0 W m 0 •• W .. O Q ~ O W J W 3 h• Q O g U F U m G ry J 2 3 LL V �.- U 2 Q m i O LL W m u J, r m W O n 3 r a n a O Z O "� 3 O O I O m i O Z Q O W Q 2 2 Z ✓� ¢ - .' ry Q = 0 1C Z Z h• W 7 ZQ ¢ (• J Z N r I Z W Q p 7 a O h- > W ( m O Q m 2 W h' h- W Y1 •J y W O J O Q Q J ¢ ¢ O W m J J O O W us G 1!1 '2 m Q C U r I m < Q n IL o 2 Z ry n o m �•.. mac_ n 'm T J r1` v m CSO m G C G J1 = ry O 0 m m (r � m ^ RHE AD m nn • _ 4�nn 1 VICTOR J. ZUPA ATTORNEY AT LAW 4565 PARADISE POINT ROAD SOUTHOLD, NEW YORK 11971 E-MAIL, yzupanO.concentric.net TELEPHONE(631)765-6112 FACSIMILE (631)765-6119 July 29, 2002 Artie Foster, Trustee Board of Town Trustees Town of Southold Southold, NY 11971 Re: 1000-81-1-16.7 Site Plan Dear Mr. Foster: This is in response to your request at last Wednesday's hearing for a legal opinion on the following question: Does the Paradise Point Association have the right to relocate its easement from the specific metes and bounds easement area granted to it, as shown on the Ingegno survey, to other unencumbered property of Mary Zupa, because the easement area has eroded into the Canal? The legal opinion rendered herein is based on an examination of New York case law, secondary New York sources and treatises on the law of easements and water boundaries. I am an attorney duly admitted to practice law in the State of New York. I will provide the sources on which I have relied upon request. My legal opinion is that the Association has no right to take adjacent Property of the fee owner, Mary Zupa to "make up" its easement. Furthermore, the easement has terminated insofar as land over which the Association had an easement has eroded into the Canal and is owned by the State of New York in trust for the public. The legal analysis is as follows: 1. A portion of the metes and bounds easement as shown on the Ingegno survey dated January 2, 2002, has eroded into the Canal and is owned by the State of New York in trust for the public. Mary Zupa's deed only conveys to her title to the "tie lines" and high water marks, as shown on the Ingegno survey, and her title is only insured to those water boundaries. Insofar as land has eroded into the Basin, it is owned by the Town of Southold in trust for the public pursuant to the Andros patent.This has already been demonstrated by a title search performed by Fidelity Title, and by letter with supporting documentation from the State of New York. (copies attached) 2 2. Neither the easement holder, nor the owner of the land, has the right to change the location of an easement---particularly a metes and bounds easement. 3. The law of New York provides that where access to an area is possible by water, no easement of necessity exists over contiguous lands. Since you have raised this issue a number of times in the past three months, I am enclosing an excerpt from Warren Weed New York Real Property. 4. While it would not be essential to show this in reaching the legal opinion that the Association's easement has terminated, it should be noted that New York law provides that the easement holder has the obligation to maintain the easement For years the Association has failed to preserve the shoreline. (Indeed, it has taken affirmative steps which resulted in erosion of its easement area by constructing illegal structures and by digging trenches along the shoreline and in the wetlands.) Clearly, there is no interest that the Association can lawfully assert over any part of Mary Zupa's property that is outside the metes and bounds easement area. If there was, it would have. And, as I have stated repeatedly at the trustee hearings, it should, take its legal claims to a court of law. Instead, and what really is happening here, is that this is a continuation of a strategy to raise at Town hearings whatever unsupported "legal claims' appear to work to tie up the permit process in order to prevent the development of this property in accordance with the Town Code. This has been done so the Association would not have to spend any money to buy the property.* I believe the time has come for Town officials to put an end to this, by allowing the development of this property in accordance with the Town Code. Sincerely, Cc: Trustees File This strategy is evidenced by a plan recently presented to Mary Zupa. The President of the Association said that if Mary Zupa were to give to the Association title to a block of land contiguous to its docks and consent to their expansion, it would not oppose her building a home (although it would apparently still want to drive trucks across her property). Unfortunately, Mary Zupa's willingness to spend her time and money to maintain the neglected shoreline and bulkheads, which is the Association's responsibility, is not enough for them. • § 15.03 WARREN'S WEED NEW A REAL PROPERTY easement across thet4andfill giving him access to the main highway, especially in view of the fact that he had other means of egress and ingress with regard to his property. [31—Access by Water The courts have consistently ruled against the creation of a way-of- right by necessity when access was otherwise available through a publicly used waterway. Thus, an early case held that the existence of such right was doubtful where access was available over the waters of a navigable lake.49 In a subsequent decision, the court further strengthened this rule by holding that such right did not exist if reasonable access by water was possible.90 However, a way of necessity over land will not be denied if the waters are non-navigable or have not been used as a means of commerce or travel for a long period of time. Accordingly, in another case the defendants were held entitled to a private way of necessity through and over premises of the plaintiff where an inlet of Lake Ontario had ceased being a highway for commerce or travel and both the dorninant and servient estates were on the mainland and the chain of title to the dominant estate was traceable to a common grantor.ar [41—Evidence of Necessity Required If it is claimed that an easement exists by necessity, evidence of that necessity must be given.62 Such evidence, furthermore, must be sufficient to meet the plaintiff's burden of proof in an action to 49 Burlew Y. Hunter, 41 A.D. 148, 58 N.Y.S. 453 (4th Dept. 1899). W Bauman v. Wagner, 146 A.D. 191, 130 N.Y.S. 1016(4th Dept.);Moore v. Day, 199 A.D. 76, 191 N.Y.S. 731 (3d Dept 1921.), aff'd, 235 N.Y. 554, 139 N.E. 732 (1923); Peasley Y. State, 102 Misc. 2d 982, 424 N.Y.S.2d 995 (Ct. Cl. 1980); Clark v. Finen,138 N.Y.S.2d 204 (Sup. Ct. Oswego County 1954), appeal dismissed, 286 A.D. 984, 144 N.Y.S 2d 709 (41h Nei 1955) ` 01 La hte v. Ceccarelli, 270 A.D. 798, 60 N.Y.S.2d 126 (4th Dept. 1946); Clark v, Finen• 138 N.Y.S.2d 204 (Sup. Ct. Oswego County 1954), appeal dismissed, 286 A.D. 984, 144 N.Y.S.2d 709 (4th Dept. 1955). 42 Wells v.Garbutt, 132 N.Y. 430,30 N.E. 978;Root v.Wadhams, 107 N.Y. 384, 14 N.E. 281; Staples v. Cornwall, 114 A.D. 596, 99 N.Y.S. 1009 (4th Dept. 1906), ard, 190 N.Y.506,83 N.E. 1132;Clark v.Finen, 138 N.Y.S.2d 204(Sup.Ct.Oswego County 1954),appeal dismissed, 286 A.D. 984, 144 N.Y.S.2d 709 (41h Dept. 1955). 112—EASE ,Yr,r•Iww 11•,r,w w,t N, IY[I.YY�W/E MrO IMYtI I{ f!16, �• .,may-e ilk JOSEPH J. SEYMOUR STATE OF NEW YORK EDMOND F. SCHORNO COMMISSIONER EXECUTIVE DEPARTMENT FIRST 0mly COMMISSIONER OFFICE OF GENERAL SERVICES MAYOR ERASTUS CORNING 2M0 TOWER • THE GOVERNOR NELSON A ROCKEFELLER EMPIRE STATE PLAZA ALKAMY.NEW YORK 12242 March 8, 2000 Ms. Marie Page Assistant Vice President Title Officer Fidelity National Title Insurance Company of New York 24 Commerce Drive Riverhead, New York 11901 Dear Ms. Page: I Re: Status of Tax Map Parcel 16,10 Southold, Suffolk County This is in response to your letter to Mr. Louis Gnip regarding the status of the small canal parcel of land off Southold Bay. The records in our office indicate that the lands in question were part of the Andros Patent granted October 31, 1676. The grant included all Rivers, Lakes, Waters, etc. The State of New York does claim sovereign ownership of all ungranted lands in the Peconic Bay up to the high water mark. In an area such as the canal in question, the limits of the State ownership would run from headland to headland at the mouth of the canal. A copy of our water grant index map for this area is enclosed for your use. Thank you for your interest in the lands underwater program, which is administered by the Office of General Services. Please contact me at (518) 486-1479 if you have any further questions. Sincerely, V) . om Richard W. Bennett, L.S. Public Lands Surveyor Examiner Bureau of Land Management Enclosure n top of the , r SHORE LINE OF SUFFOLK COUNTY. N.Y. d ohowing the w made by '�f1� �'nmmis5ionara aff(�lt �aI13 �t'ficc► ani ff1� �c�gi�fafurc�. } also the LINE OF ORIGINAL HIGH WATER. PREPARED FOR THE COMMISSIONERS OF THE LAND OFFICE under "dlrecuoa of H. A. VAN ALSTYNE. STATE ENVVEEy AND SUgVEYQq- 1006. 1 , Y• � �iii---iii 27 Y S O Y t h • L d V T It O L U � - 1 1 Y • a K 0 y • • l A T D o • w o w �O•ti• Y i lJ� C 1 l ,?. Gd•eH••o11Lmo ' r • t r P � O O N f C B A Y . rrrr 7 • M 1 - 96 94 93 4 0 • -1 96sl Tia f1 90 93 97 / 97 9a 93 •� • 19 91 94A: LANDS UNDERWATER CLAIMED BY THE TOWNSHIPS O TOWN OF SOUTHOLD: A�Z ALL LANDS UNDERWATER ANDROS PATENT . OCT.31 , 1676. 67 .O y 76 76 SOUTH BOUNDARY OF. TOWN IS THE HIGH TOWN OF SOUTHOLD v.s. FRANCES 8.PARKS •Oi1>� / O 96 WATER MARK OF PECONIC B GARDINERS 41 mist.reports, p.456, affirmed 97oppellole •• � T BAYS. div.636. offidovid N.Y. 513, N 79Oy ALL LAND UNDERWATER IN ANY HARBOR, BAY , w � O tp el- 10o CREEKS OR E CUT TING THELL L SHORE LLI JE OF T1 EATERWAYSB =�1 O��i O / GiA SOUTHOLD TOWN ORDINANCE TOW7N TO THE AV. HVr.M. FROM HEADLAND TO 1944 8 1949 V, /• S, 1!1J HEADLAND. 9'A•�"w C)� TOWN OF BROOKHAVEN : nO .0 106 ALL LANDS UNDERWATER NICOLLS PATENT MAR.7 , 1666 . 0 70 ALL LANDS UNDERWATER DONGAN PATENT DEC-27 , 1686 . � 'a, / f d• i MOUNT SINAI Hqp BOR lO PORT JEFFERSON HARBOR , c ,O/ 4 115 SETAUKET HARBOR , CONSCIENCE BAY. 7f1 135 176 170 114 102 BI n y 76 C3� 61 O 130 7 117 NOTE: JURISDICTIONAL LIMIT OF TOWNSHIPS FOR REGULATION n 56 171 n OF VESSELS IS 1500 FT. FROM SHORE . (N.Y.S. TOWN LAW AR T.9 .D 99 SECTION 133), SUBSECTION 17.) 60 5, Q 103 103 90 90 94 Be 93 ., ' 90 ...... c 97 106 45 L....031a 67 61 90 9Uz 78 •' Sha!!. 19 13 . _ 2. af...' 27' . 94 �, 100 75 i, 75 77 75 •y ./p.•. 7 r ,Re '.' 13 19 " 16 7B BB 76 _ 64 O 16 367 " 5 79 SB 67 O° ?16 77 .: 16 re 79 9 0� ti 19' 69 C 11 17 ,a j1 '1 77 Ue,... ..7 0 11 " .' •'16 r` 1 77 37 S7 57 a6 9 72 >^"'1 11 V fJ .. 9 9 63 :''21:' 17 9 9 9 fIi l .. g`� 2a 25'.. WIlDW00D S.P. sa '27 ,:•'7 6 :...'- • : ... 7 . ..... J H 13 17 A`7 C 9 14 Ig... 72 . 9 J9 30 .. a 7 3e• < .•RO'>,o77[.ta. .>6... V MARY S. ZUPA 365 BASIN ROAD SOUTHOLD, NY 11971 631 765 6112 July 26, 2002 JUL 2 6 2002 Albert J. Krupski, President Board of Town Trustees Town of Southold Southold, NY 11971 Re: 1000-81-1-16.7 Site Plan Dear Mr. Krupski: At the hearing on Wednesday evening Mr. John Scalia, Ms. Pat Curcuru and Ms. Andrea Kolyer stated that they had only received notice of my plan to build a home, to replace the bulkheads, to restore the shoreline of the Basin, and to install a dock within the last couple of days. Ms. Curcuru had also stated that because her notice had been sent to Florida, the residence listed in the tax records, she had had received notice of the plan within the last two days. These statements are not true. The following chronology constitutes the truth: • June 22: before the annual Association meeting, my husband and I met with the president and other officers of the Association at Mr. Scalia' office for approximately 45 minutes. We gave him a copy of the survey which was later marked in green showing the location of structures, and the attached summary of the restoration of the Basin • June 22: at the Association meeting, my husband handed out the attached summary and spoke to all members about my plan, the location of the house its size, etc. We also answered a number of questions about the plan, and stated that we would meet with individuals or a group to answer any other questions. We also stated that we were applying for permission to install a dock and that the only location feasible was the location of the Association's most westerly dock. We explained to the Curcurus the home's distance from their property line. Mr. Scalia, Ms Curcuru and Mr. Kolyer were present at this meeting. • June 29: The president of the Association asked to meet with my husband and me. We discussed my plans for the development of the property and my husband was asked to mark in green the location of certain structures on the survey which he did. • July 6: 1 called the Curcurus to explain that the notice that was to be sent to them had to be sent to Florida the address listed in the tax office and that I wanted to give them a copy of that directly and explain my plans since they were the adjacent homeowner. They came to my home and I explained my plans and showed them the survey and the location of my proposed home. My husband also gave them the notice they would receive in the mail and a detailed topographical survey; he explained to them the building envelop and the dock location. I asked them to call me with any questions. • July 14: The president of the Association asked to meet with my husband and me again. For 3 '/2 hours we talked about the plan. The president said that he had been talking with a number of individuals including Mr. Scalia and Ms. Curcuru on our plans. He said he would discuss them with them again. • July 15: After receiving from Cathy Mesiano a copy of the exact site plan that would be filed, I made copies and provided it to the Curcurus again asking to call me with questions. • July 16: 1 called the Curcurus to tell them that trustees and the DEC had been to the property and all seemed okay. I cannot comprehend how Ms. Curcuru would state that she just received notice of our plans because the notice went to Florida or how Mr. Scalia would say he did not know of our plans until a few days ago. Sincerely, / i 0 ZUPA PLAN FOR LOT 16.7 IN CONNECTION WITH CONSTRUCTION OF HOME • RESTORATION OF SHORELINE TO PREVENT FURTHER EROSION TO _ INCLUDE NEW BULKHEADS, REVETMENT AND SPARTINA GRASS AS APPROVED BY NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND SOUTHOLD TRUSTEES • TERRACING AND PLANTINGS IN INTERIOR OF LOT TO PREVENT FURTHER EROSION • CONTINUAL MAINTENANCE OF SHORELINE ALONG ZUPA PROPERTY (LOT 16.7) • CONTINUAL MAINTENANCE OF EAST JETTY ON ZUPA PROPERTY (LOT 16.7) • VJZ WILL ASSIST ASSOCIATION IN OBTAINING FEDERAL, STATE AND TOWN APPROVALS TO RESTORE VEHICULAR ACCESS OVER ASSOCIATION PROPERTY (LOT16.11) TO WEST JETTY AND CANAL • VJZ TO ASSIST ASSOCIATION IN RESTORING SOUTHOLD TRUSTEE CONFIDENCE IN ASSOCIATION TO REMOVE RESTRICTIONS ON DREDGING a JUL 262om '' k t SSS L VICTOR J. ZUPA ATTORNEY AT LAW 4565 PARADISE POINT ROAD SOUTHOLD, NEW YORK 11971 E-MAIL vzupa(a)concentric.net TELEPHONE(631)765-6112 FACSIMILE (631)765-6119 July 25, 2002 Artie Foster, Trustee Board of Town Trustees Town of Southold Southold, NY 11971 Re: 1000-81-1-16.7 Site Plan Dear Mr. Foster: During the hearing last night, you asked me to confirm my statement that access over Lot 16.7 would be granted to the canal and/or jetty. I again confirm the statement made at the April 24, 2002 trustee meeting, and in my April 25, 2002 letter to Mr. Krupski, that access over Lot 16.7 to the jetty for the purpose of inspecting it would be granted by written consent. Also, access over Lot 16.7 to the canal would be granted by written consent for the purpose of supervising the dredge work in the canal. Further, as stated in my letter of June 5, 2002 to Mr. Krupski, hauling of the dredged material by barge may be avoided by obtaining permits to deposit it on the beach adjacent to Lot 16.7. If I have not already stated it, I would be willing to interface with the Corps of Engineers, the DEC and the trustees in acquiring the required permits for this purpose. Please let me know if you have any other questions on this matter. Sincerely, Cc: Mr. Krupski VICTOR J. ZUPA ATTORNEY AT LAW 4565 PARADISE POINT ROAD SOUTHOLD, NEW YORK 11971 E-MAIL vzu pa(a)concentric.net TELEPHONE(631)765-6112 FACS5GLE (631)765-6119 July 25, 2002 Albert J. Krupski, President Board of Town Trustees Town of Southold Southold, NY 11971 Re: 1000-81-1-16.7 Site Plan Dear Mr. Krupski: During last evening's hearing for approval of Mary Zupa's Site Plan, Mrs. Kolyer made the claim that she had rights in her deed pertaining to the Basin that would be interfered with because of the Site Plan. Attached is a copy of her deed on file with the County Clerk which contains no such rights. An examination of her predecessor's deeds also indicates that no such rights accrued to them. In fact, and as previously indicated to you, the title search performed in connection with Lot 16.7 indicates that no such rights exist in anyone. The procedure being employed is that the trustees entertain oral statements of unsupported claims that the development of Lot 16.7 will interfere with someone's rights, and then Mary Zupa is asked to disprove them. Examples include (i) proof provided to you from the State of New York as a result of a title search performed by Fidelity Title, that the State owns the bed of the Canal and that the Town owns the bed of the Basin; (ii) that the Paradise Point Association used the driveway only with consent of the owners; and (iii) that Mrs. Kolyer has no deeded rights to the Basin. Last night, I was asked to provide a legal opinion why the Paradise Point Association does not have a right to make up the metes and bounds easement it has lost through its own neglect, by taking unencumbered property owned by Mary Zupa.* While I will comply with this request, I am incredulous that the Board does not require a claimant to provide some support, e.g. ask Mrs. Kolyer to provide a copy of her deed, etc., and instead continues to ask Mary Zupa to prove why oral statements of unsupported claims are not valid. At the very least, some threshold of proof from anyone asserting a legal claim should be required before tabling the matter as a legal issue. Again, what has been asked from the Board is a determination on environmental grounds only. As I understand it, the Board has no issue with the site plan on environmental grounds, and on this basis it is requested that a final determination of approval be made. Sincerely, in fact no one even made this claim, but instead it was raised by one otathe�usWZ i.0U.- 1 Fmn 3Wa-A i^M9112.7fl-oh! iauvlw'a nkat-halttiilsl? C C•al"rtaun. ltingk s4est t, s DO Y YOUR LAWYER O1tFOM SI MO DIN IMETnhYNMT—TNIE MaTRt1YENT ONO"RE USED Ry""was DrRY. THIS INDF,NI'URU,t ux,.j011M 3rd day of April 2002 and` BETWEEN HELEN'WFERS DMUKSEN, residing at 140 Indian Head Road, Riverside, Cr 06878 individually and ns esecuumr rix of the Iasi will and testament of Caroline B. Elfers .late of who died on the 8th day of may 2000 mid Suffolk Cty, pony of the Pint part,and STEM T. MIXER. said ANDREA IRRRFR, as husband and wife, residing at 24 Gramercy Park South, Apt. 3E, New York, NY 10003 party of the second part. WITNESSETH, that wherenc letters lcmatnenituy were issued to the putty of the first part by the Surtogalc'a Court, Suffolk County New Y1xk•tar July 3, 2000 (Sort No 1220P20001ind by virtue of the pgwer and solitarily given in and by said last will:rod testament.and/or by Article I 1 of the Folates,Powers and Trust Law,and in consideration of one Killion six Ilunidred Fifty Thousand and 00/100 ($1,650,000.00) _ dollars. paid by the part of file second part,does hereby grant and release unto file party of the second pm 1,the distributees or succcssorn and assigns of the party of Ilw second part forever. ALL[hot certain plot,piece arc parcel of huRl.with the Imildings and improvements thereon erected,sifuale.lying and tieing in file SEE SC21MULF A-I ANNEXED H REVID AND MADE PART HEREOF. BEING AND INTMDED to be the s'.ma premises mviveyed to henry C. Elfers by deed made by Alton A, Wolz and Pitric.la 13. Wolz and reoorded February 28, 1962, in Liber 5132 cp 210. 'I OGI-.rHGR will,all right,tide slid imerest,if any of file party of the first part in and to any streets and rouds abutting the above described premises to the center lines thereof'TOGETHUR with the appurtenances,and also all file estate fhercfa,which the party of the Or•a pan his orh:s power to convey ordispose of,whellia individually,or by virtue of said will or onhem ise;'1'D IL1x•F AND TO WILD file premises herein granted onto the party of the second part,the dislribulecs of succescurs:ud smigns of file puny of the second pun forever. AND the party of the first pun covenants that file patty of the first part ling not done or suffered anything whereby the said premises have bur incumbrmt in any way whalevcr,except us aforesaid. Subject to the lest fund pmt kions of!,Limit thirteen of the Lien Law. The ward"panv'shal!bc w.,trued as it i1 tend"parliea'whenet Cr rhe sake rf this indeniurc soscynires. 1N WrfNRSS WHKRE04l the l aty of Ibe first pan has duly executed this deed the day and year first above IN PRF91'N 'UP: HF,r.IN FJ.F�^ DIDItIRSFS7r it ,r.�\'ulcl ray N.i :FS ,F,rwTi;A- `flJl artaotiry tvaclonat Title insurance Company of New York . - 77TLE NO.02-370441317-StiTF SCHEDULE A-1 (Description) AMENDED 3/37/02 ALL that certain plot,piece or parcel of land,situate, lying and bein at Paradise Point, in Bay View, near the Village of Southold, in the Town of Southold,County of Suffolk and State of New York, and being more particularly bounded and described as follgws: BEGINNING at a point on the southeasterly side of Robinson Road where the same is intersected by the northeasterly line of land now or formerly of Douglas R.Barnard Trustee for the Jessica W.Barnard Qualified Personal Residence Trust; RUNNING THENCE the following two courses and distances along the southeasterly side of Robinson Road: 1.) Northeasterly along the southeasterly side of Robinson Road along an arc of a curve bearing to the left having a radius of 177.00 feet and a length of 45.44 feet; 2.) North 52 degrees 22 minutes 50 seconds East 155,22 feet to land now or formerly of Robert J. Scalia and Linda Scalia; THENCE along said land now or formerly of Robert J. Scalia and Linda Scalia, South 43 degrees 40 minutes 10 seconds East 260.83 feet the high water mark of Southold Bay; THENCE the following two courses and distances along a tic line of the high water mark of Southo14 Bay: 1.) South 45 degrees 34 minutes 25 seconds West 100.00 feet; 2.) South 48 degrees 49 minutes 22 seconds West 100.00 feet to land now or formerly of Douglas F.Bamard Trustee for the Jessica W. Barnard Qualified Personal Residence Trust; THENCE along said last mentioned land,North 43 degrees 22 minutes 30 seconds West 284.67 feet to the southeasterly side of Robinson Road,the paint or place of BEGINNRJG. TOGETHER with a right of way for ingress and egress from and to said premises,to and from the public highway,known as Paradise Point Road, for travel and passage by foot and by vehicles,over said 50 foot private road running in a general southwesterly direction along the westerly side of said premises, over land adjoining the above described premises and other land now or formerly of Paradise Point Incorporated to the northerly end of the public highway known as Paradise Point Road. WCORDED 2002 4pr 12 02:35:5: nM Edhdaro P.Rouai^e JUL 2 6 CLE-pr. OF y':FFOLK. COUNTY ! 1.)O 1213^0 P 127 DTi 01-34984 THE POLICYTO BE ISSUED under this commitment will Insure the title to such buildings and improwntents on the promises which by law constitute real property. FOR C01WEJANCIN17 O.W.Y.-Together with all the right•title and interest of the party of the first part.of in and to the land lying in the street in front ofand adjoining suf 1premise•. SCHE•DULrkI(Description) Acknowledgement taken In Newyork Stale Acknowledgement taken In NewYorkSlate Stale of New York,County of Suffolk ,ss: Stale of New York,County of ,as: On the 3rd day of April ,in the year 2002 before me, On the day of ,In the year ,before me, the undersigned.personally appeared the undersigned,personally appeared HELEN EX&IRS DIERIKSEN personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(s)whose name(s) is setisfacery evidence to be the indwldu9l(s)whose mane(s)is (are) subscribed to the within Instrument and acknowledged to (are)subscribed to the within instrument and acknowledged to me that he/sha/lhey execuled the same In his/her/their me that he/sheAhey executed the same In hie/her/their capacity(ies), and [hat by his/herAhelr signature(s) on the cepacily(les), and that by his/her/thslr signature(s) on the instrument,the inthidual(s)or the person upon behalf of which instrument, the incividual(s)or the person upon behalf of which the Individual(s)acted,execrded the Instrument. The individual(s)acted.executed the instrument ,al� Notary Public ROBERT DEFRESE Notary Public,State of New York No.01 DES035117 Qualified In Suffolk County Comnismon EgOctober 24, 8� Acknowledgement by Subscribing W Wneas taken In Now Acknowledgement taken outside New York State York Slate ' Stale of New Yak,County of ,u: 'Stale of ,County of ,as: (or Insert District of Columbia,Territory.Possession or Foreign Country) On the day of .In the year ,before me, the undersigned,personally appeared On the day of ,in the year ,before me, the undersigned,personally appeared the subscribing witness to the foregoing Instrument,with whom I am personally acqusinled.who being by me duty sworn,and personally known to me or proved to me on the basis of depose and say,that he/shelthey reside(s)in satisfactory evidence to be the indlvldualis)whose Minnie)le (am) subscribed to the within Instrument and acknowledged to that helshe"know(s) me that he/she/they executed the same In his/her/their to be the Individual described in and who executed the capacity(iee), that by his/herrheir signature(s) on the foregoing Instrument that Held subscriWg witness was instrument.the ini ividuel(s)or be person upon behall of which present and saw said the Individual(s)actatl,emwted the instrument, and that such execute the same;and that said witness at tho same time Individual made such appearance before the undersigned in the subscribed hiNherAheir names)as a witness thereto. (ado the city or political subdivision and the stale or country or other place Me acknowledgement vets taken). SECTION 81 Title No._Fidelity 002_3704-41317-SUFF BLOCK 3 LAT 6 HELM EEkM DIDRIKSEN OOF61tM=TOWN of Southold TD STAEETADDRESB 4380 Paradise Point Road Southold, NY 11971 STEVEN T. i ANMWA KOLYER RETURN BY NATl1o: GARY ES VRM C SEN, ESQ. Distributed by Po BOAC 706, Main Road Q/PQiOGUE, Wi 11935 Chicago Title 1mrance Company zip No o 0 a a 8 g 4 L 6 S ,a 0 . z = Town Hall. 53095 Main Road Ln P.O. Boz 1179 Telephone ooh t� Southold. New Yak 11971 (631) 765-1892 Z}� SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Conservation Advisory Council held Wednesday, July 17, 2002, the following recommendation was made: Moved by Drew Dillingham, seconded by Nicholas Dickerson to TABLE the Wetland Permit Application of MARY S. ZUPA to construct a 60'X 100' single-family dwelling, porch and patio, on-site sewage disposal system, free-form, in- ground (gunite) pool (approx. 16'X 32') and pervious driveway. In-place replacement of approx. 520' bulkhead. Install approx. 95' new bulkhead for erosion control. Install 4' wide steps from bulkhead to beach (approx. 35). Install 137' low-profile timber retaining wall. Install three terraced stone retaining walls (approx. 220'X 2') upland for erosion control. Install approx. 4'X 25' wood dock, TX 6' wood ramp, and 6'X 20' wood float and two 8" wood piles. Re-vegetate approx. 640 sq.ft seaward of new low-profile wall with spartina 18" on center. Re-vegetate sections of buffer area. Remove the existing asphalt driveway. Located: 580 Basin Rd., Southold. SCTM#81-1-16.7 The CAC Tabled the application because there was not enough information to make a recommendation. Vote of Council: Ayes: All Motion Carried � vi pnL"1 a 6 I n I IZ O m 65t LyY v sw � L•61 , I s 1LS - / 961 -- 4 --------OE � I'6'. f+nt'9 --�4 I Z-a ' t'LL el Pnp: II / LCI'Ox�35 39, Z51 �1 nn5'L pi f>IIp'2 � 6 n a rr. voSs �� 0 R Pn0 ASI •rF'9I^' I .. 8 : p a' a 6.61^I 1 4 Plre'{ 1q ` I I ti 9 � �6 \ m 1 R =Gd 011C.I R-% 1_YI Ti IC2 Ipi' 551 I p'S1 151 I • y p" A, 4B?- jig pi ILS "J tz ^2 nz / to-WIM 39s 070Hy705 � �y9 i � c VICTOR J. ZUPA AUG - 72P.-02 ATTORNEYAT LAW 4565 PARADISE POINT ROAD SOUTHOLD, NEW YORK I197a E-MAILyzupaRconcentric,net TELEPHONE(631)765-6112 FACSIMILE (631)765-6119 • August 6, 2002 Michael J. Verity,Principal Building Inspector f Building Department Town of Southold Southold, NY 11971 Ijte: Removal of of Illegal Marina Dear Mr. Verity: BASIS OF REQUEST FOR REMOV' ILLEGAL MARINA This is a formal request by: (i) Mary Zupa, dividually and as owner of 580 Basin Road, and (ii) Victor Zupa and Mary Zupa,,as joint ers of 365 Basin Road, for enforcement of the Town Code with respect to an illegal-"marina"maintained by the Paradise Point Association on a body of water owned by the Town, the Basin, which adjoins our properties. Specifically, we request that the Town take the necessary action to remove all structures associated with this illegal "marina" which is located in an R80 district. A survey dated January 7, 2002 is enclosed. The following non-compliances with the Town Code are cited: 1. A marina is not a lawful use in an R80 district, Town Code § 100-31, and is prohibited, Town Code §§100-23 A, 100-237 A. 2. The docks and other structures are not conforming as accessory structures in an R 80 zone, Town Code §100-23 C(3). 3. No site plan for a marina has ever been approved by the Town Planning Board, Town Code § 100-121 A. 4. The required parking spaces of one Apace per boat slip do not exist, Town Code §100-191. 5. The marina is unsupervised and access to the public results. This poses a hazard to person and property, and is a public nuisance. The Town Electrical Inspector has noted the violations that exist with respect to the marina's accessory electrical installations. Town Code §43-3. Attachment 1. 6. No permit from the NY Department of Environmental Conservation or the Town Trustees has ever been obtained, although an entire dock was installed as recently as 1995. Attachment 2. 7. Outdoor lighting on the marina violates the Town Code. Town Code §§100- 237 B, 100-239.5 A-D. d 2 8. The"marina"makes navigation on the Basin hazardous. The Association also has indicated its intent to further expand this "marina", and has offered to withdraw opposition to the development of 580 Basin Road if title to a tract of land on the Basin around its docks is given to it so the "marina"can be expanded. It has already expanded the"marina"in the past few years by the addition of docks, pilings and associated structures in violation of Town Code § 100-241 A. This is contrary to the Town Code's objective to phase out non-conforming uses. Town Code §100-10 F. The"marina"and accessory structures are not protected as a"non-conforming use"because they did not lawfully exist prior to the enactment of the Town Zoning Code. Moreover, the "marina" fails to meet the following requirements of New York law with respect to a non- conforming use: (i) the structures are recreational and do not constitute substantial construction or businesses built up over the years, causing serious financial harm to the property owner and(ii) the Association had no property interest in the lands it uses for its"marina" until 1989 when it was granted a right of way over 580 Basin Road. Hence, it is only from that date that it has any basis for claiming that it had a property interest in land being used as a"marina." A written request also has been made to the Town Trustees for the removal of this "marina" and associated structures on the basis of their jurisdiction. Attachment 3. This request to the Building Department is not intended to pre-empt that request. It is also requested that efforts between Town agencies be coordinated. Any enforcement effort should not impede the environmental permit process presently before the Town Trustees. BACKGROUND OF REQUEST FOR REMOVAL The Paradise Point Association has asserted in the past, and continues to assert at Town permit hearings, that it maintains an illegal "marina" in an R80 district. Attachment 4. This is done in order to prevent the owner(s), now Mary Zupa, from constructing a one family residence at 580 Basin Road. Rather than purchase 580 Basin Road, which has been for sale for years, the Association has embarked on a strategy of preventing its development by the owner(s). The Association did not pay anything for the right of way; it neither contributes to its upkeep nor pays taxes. This strategy has resulted in the 580 Basin Road property being treated as, and appearing as, abandoned. This resulted in it being used for all night parties by trespassers, and as a dump for refuse. The bulkheads and shoreline have deteriorated disgracefully. This has impacted the use and enjoyment of our present home at 365 Basin Road, and has resulted in damage to our bulkhead and the navigable waters alongside our dock. We purchased 580 Basin Road not only to construct a residence, but also to prevent further deterioration of the shoreline adjoining our The situation will be made worse since two other vacant lots have been sold and both owners want docks. Also,another individual resident who has a dock on the Basin has applied for permits to extend the dock further into the Basin. Ironically,the Association has steadfastedly refused to spend any money either to repair the bulkheads supporting the land on 580 Basin Road or to preserve the shoreline.This has resulted in almost one half of an acre eroding into the Canal and the Basin This was allowed to occur despite the fact that it,as easement holder,and under its own corporate constitution,has the obligation to maintain the bulkheads. J , 3 home, and to stop the unlawful use of 580 Basin Road, which posed a risk of personal safety to us. Our plans include replacing bulkheads and refurbishing the shoreline with aquatic vegetation as has been recommended by Cornell Extension and endorsed on site by the Trustees and the DEC. Restricting the use of the Basin and 580 Basin Road to a"manna," of which we did not have notice when we purchased 365 Basin Road, diminishes the value of our property. The Association supports its argument that it can prevent the construction of a home at 580 Basin Road because it maintains a"manna"by citing the decision of the Town Zoning Board of Appeals rendered August 9, 1995 denying to Mr. and Mrs. James Miller a setback variance for the construction of a home at 580 Basin Road. Attachment 5. That decision was based in part on the principle that two primary uses, a manna use and a residential use, could not exist on 580 Basin Road. A"marina"is defined in the Town Zoning Code as "any premises containing one or more piers,wharves, docks, moorings,bulkheads, buildings, slips, basins, or land under water, designed, used or intended to be used primarily for the docking or moorings of boats, for or without compensation."Town Code §100-13 The following points should be noted about that decision: 1. The applicant never requested the removal of the manna. 2. The Association and the ZBA assumed that the Association owned the bed of the Basin. A title search by Fidelity Title showed that the Town owns the bed of the Basin. Attachment 6. 3. Granting of a right of way only over a portion of the property indicates that there never was an intent that the use of the property was primarily intended to be for a marina. 4. The ZBA did not recognize that 580 Basin Road was not the result of a subdivision, but was the result of a"setoff'of the lot for residential purposes by the Town Planning Board in 1981 for which no filed map is necessary. Attachment 7. Town Code § 100-24 A(2), B provides that such a lot must be recognized, and may receive a building permit. 5. The 1981 setoff of 580 Basin Road as a lot for residential purposes was accomplished after a public hearing of which the Association had notice. Attachment 8." 6. No variance or special permit was granted by the ZBA for the maintenance of a"manna"on the Basin or at 580 Basin Road---only that it existed. Nor did, or indeed could, the ZBA change the zoning of the Basin or 580 Basin Road from an R80 zone to an MII zone. While the Basin may be so used,it is clear that 580 Basin Road was never intended to be"used primarily for the docking of boats."Otherwise,there would have been more than a right of way to the docks that was ranted in 1989. The internal memorandum indicates that Messrs. Scalia and Curcuru,who lead the impediment efforts, had personal notice of this. a Accordingly, the 1995 ZBA decision does not legalize the"marina", nor does it sterilize 580 Basin Road from its intended residential use. It only states that both a residential and marina use cannot exist together on this property. The only property interest that the Association has on the Basin is a right of way. This right of way along with an illegal marina has been used by the Association to defeat the intended primary use of the property (a result contrary to established easement law). In fact, this defeats any use of 580 Basin Road by its owner(s) for a residence, or for an expanded marina(the Town Code prohibits the expansion of a non-conforming use). If that was not enough, the Association has argued that its right of way and illegal marina entitle it to defeat the fee owner's riparian right to maintain a dock on her own property. Since the Association repeatedly has relied on the existence of its illegal"marina" as a sword to impede the permit process, and effectively to defeat any use of the property by its owner, the illegal marina must be removed. Sincerely, Cc President, Board of Trustees Director of Code Enforcement SURVEY OF PROPERTY SITUATED AT BAYVIEW TOWN OF SOUTf4Ou) s 59':3.08• E SUFFOLK COUNTY, NEW YORK Ie ' S.C. TAX No. 1000-81-01-18.7 _ — N SCALE 1'x30' o y JANUARY 7, 2002 WNMIY 20.REY6ED IDT IAmoRF(�,MOfA1MIN L FEBRUARY fa, 2001 TIE3YSmpMiEMAY1daE5 P lOT AREA MCWMME ME SOUOIgo AREA AT 1HE 1,0ATHIYFsr FOAT10xpF.]4p).N f I THc Im PEo3EC1M0 AIfO SOIRIIDID 4r po fI1IA1EARS 5 x M¢3) 1.>SE«. e` LOT MEA ExCWOIHO ME WMWAPM MFA AT ME OF. W4733 @q f!F THE IDT PSoM INO IMO SOVTHttO,MY(TO EVI=xM5 A TIE YKS) 1.570 fa. F �h I ' ' II $ ) \,40- SO UTHOLD BAY i (TJM 0IAgw .\ti x s o aiy. 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" ' N1s_.., .:Re a R, '•.10 99/06/2072 15:50 2991089 PACE 0.3 _ PlrYsr�.•�C �►wrrc�= Ct�,►2c e&?mtz--7v -zjkck C.c/wv NerA&e- C�c axl � yrs sTc�j ,r- lAt U - ��'- �o � �'loTae`�sc�,r/ W.e�t f �Fr'P,�p�1Y /r✓�-�� fieA,04ki TI *i` !Ar' •�c/061 2042 15:50 2931059 r611106110V lift THE NEW YORK BOARD OF FIRE UNDERWRITERS ELECTRICAL DEPARTMENT RESPOND TO: AA.REED,GENERAL MANAGER C e6 John street ] 41 state Street I ❑ 670 Delaware Avenue I ❑ 2H Leal Avenue ' 202 AReriel Road NEW VOR111�NY 10066 ALBANY.NY 12207 BUFFALO,NY 14202 ROCHESTER,NV 146011 I SYRACUSE.NY 1 E206 t212)2ri e7Go 46161463.2122 (116)064.1166 (716)2644141 (616)463.6662 THIS IS A REPORT OF(see BOX Cf16CKED NERautiosM A. 0 NON•INSPECTION B. INSPECTION C. O EtECTRICALSURVEY Joe LOCATION: �Q Q APPLICATIONNO.: `f PERMITNa: TO: OW NERI TENANT T ADDRESS AXONaNSPECTION:We have received your application for an Inspection of the electrical Installation made by you at the premises named herein but we have been unable to make the inspection for the following reason: C Floor location and name of tenant not furnished O Premises locked, no entry possible. ❑ Floor location of building not furnished Z Other Inspector's Signature Date Please provide the necessary Information or suggest arrangements for our access to the promises on the green form attached and return K to this office. Applicant's Signature Date cJtrrJuareAaoesx veaeseweaeewtu B. C. INSPECTION OR ELECTRICAL SURVEY;We have attended at the premises named herein to Inspect the electrical Installation and regret that we can not Issue a certificate of compllancefor the reason(s)listed hereunder, C1 Concealed work not exposed sufficiently 0 Additional electrical work found for which no application for inspection, for Inspection has been received. D Installation not completed sufficiently , '1 Electrical Installation does not comply with Nation) for Inspection. Electrical Code for reasons listed hereunder, (see reverse side for explanation of coding) KEY TO FORM:Coes number pined uWaf BLACK doiumn dated below edmblned with coca number Printed under RED column listed below Irldloatea oadeke.EXAMP'LR AV 1219n ` Service Comwdor not of WWI rewihL i BLACK RED I FLOOR BLACK I RED FLOOR I BLACK REO i FLOOR BLACK I RED FLOOnw� -71 4 a I rr n r• Inspector's Slgnaturo Date NOTICE TO APPLICANT:Plsese sign, date and return green copy of this form to request re-hispection when modifications have been made. xwcawfiq SpetwKwa DATS 9/6/95 SUMMARY OF PROPOSAL FROM STEPHEN PAWLIK FOR MARINA REPAIRS I. Instead of repairing the small dock(Meyer, Curcuru)at a cost of$700., he will build an all new fixed portion of the dock with 8"pilings, 4"x 6" Stringers and Caps and 2"x 6" Decking. He will keep the existing Bridge and Floating Dock and do whatever repairs needed to them. Cost to build new feed Dock $1,300. 2. For the Main Dock, he proposes the following: a.) Install three ) 6"x 6"Ties and grade accordingly. These will replace the existing logs that form the"stairs"that lead to the actual dock. These would be leveled and graded. Cost to supply and install $250.00 b.) Construct a retaining wall as per his drawing using 2"x 10"tongue and groove sheathing&a 6"stringer to set inside the existing retaining wall which consists of three logs which are wearing out. They would remain in place. This retaining wall would support the fixed portion of the dock. Cost to supply and install $650.00 c.) Construct a new 3' wide x 12'long bridge(ramp)between the fixed dock and the floating docks. The existing one is not worth saving. Cost supply and install $300.00 3. For the floating docks,he proposes the following: a.) Repair all 4 x 4 upright posts as needed with new bolts etc. Replace deck boards as necessary. He estimates that replacing about 30 would cost us about$500. based upon$35. per man hour. This is done on a Time and Material basis. Estimated Cost for Budget $750.00 b.) Renailing of all boards on all of the floats. Done on a Time&Material basis as above. Estimated Cost S300.00 SUMMARY NEW DOCK $1,300. RETAINING WALL $ 650. BRIDGE S 300. STEPS S 250. REPAIRS& RENAILINGlS .050. TOTAL $3,550. f STEPHEN M. PAWLIK P.O. Box 1611 Mattituck, NY 11952 516-298-5412 Retaining Walls Decks Brick Walkways Hulkhea Beach Stairs Docks ZA(115 A''`1 (-e2 7 G / ✓jw c,��—✓L--- iJczs✓s ee cry;, Xn3v C,tZ ON /I€�ir�fc /�GL otC/e��G �pp, uc N T 3 •� N m t x . a N a a w H H w T a" - VICTOR J. ZUPA ATTORNEY AT LAW 4565 PARADISE POINT ROAD SOUTHOLD,NEW YORK 11971 E-MAII, yzupa(a-)concentric.net TELEPHONE(631)765-6112 FACMULE (631)765-6119 July 30, 2002 Albert J. Krupski, President, Board of Town Trustees Town of Southold Southold, NY 11971 Re: 1000-81-1-16.7: Illegal Docks and Structures Removal Dear Mr. Krupski: Pursuant to our conversation last week, this is a formal request for the removal of illegal and unpermitted docks and structures from the Basin, and the wetlands and adjacent areas within the jurisdiction of the Town Trustees and which exist on Lot 16.7. As has been previously shown, the Basin (including the bed of the Basin) is owned by the Town of Southold under the Andros patent. Copies of documents from the State of New York are attached. In addition to causing harm environmentally, the docks, the numbers of boats at the docks, the electric boxes and lines, guy wires, electric air and water pumps and other accessory structures present a hazard to persons and property and a public nuisance. The owner of Lot 16.7, Mary Zupa, specifically disclaims any liability for personal injury or property damage which may result from the express or implied consent of the Town to their maintenance. As per your request, a member of the electrical division of the NY Board of Fire Underwriters will be inspecting the electrical installations to report on violations. However, regardless of the outcome of that inspection, it is requested that immediate action be taken by the Town to remove these structures. The Town Zoning Map shows now, as well as at the time we purchased our present home, that this area including the Basin, is residential. Sincerely, Trustees File ,IL -2'4-62 64 :2o FPI P11.HUL 1 'f-JYlt_'o'.. _ r o<c.- MCNULTY - SPIESS ATTOR EYS AND COUNSELORS AT LAW I I VIA FACSIMILE TRANSMISSION 1 631-765-1366 July 24, 2002 Town of Southold Board of Trustees 53095 Main Road Southold, New York 11971 Re: Application of Zupa i Dear Board Members: I have been asked to represent a number of homeowners at Paradise Point, in opposition to the application of Mary S. Zupa, which appears on this evening's agenda. Unfortunately, I am also involved in another matter on the same evening and cannot appear on behalf of these residents. The Zupa application seems to request that the Board recognize a residential use of the subject lot at Paradise Point. (The "General Data Section" of the application indicates the previous use of the property as "Vacant Residential Lot.") What is not discussed in the application is that the lot in question was the subject of a determination by the Zoning Board of Appeals on August 9, 1995, a copy of which is annexed. In its decision the Board determined that the subject lot, which is in a two-acre zone, is undersized, that a residential use would conflict with the existing private marina use, and that the two uses would require a lot of more than twice the size of the existing lot. Based upon that decision alone, I submit that the application here cannot proceed until that decision is modified or vacated. Upon information and belief, no application is pending before the Zoning Board of Appeals for the relief necessary in order to proceed with any other application to create a residence at this site. The application further seeks to obtain relief which is unwarranted in that it attempts to have this Board exercise jurisdiction to permit removal of a roadbed which has been in existence for years and is utilized by members of the Paradise Point Association, individually and on behalf of the Association, to access the jetty. 633 EAST MAIN STREET " RIVERHEAD, NEW YORK - 11901 PHIv1NE: (611) 727 62o1- • I AX. (611) 727-6262 I 3 L-24-02 04 :29 PPI P1CINULTY—SPIESS l —, , ! MCNULTY — SPIESS ATTORNEYS AND COUNSELORS AT LAW ! ;I i Accordingly, it is submitted that the significance of this application and its adverse effects upon the other residents of Paradise Point merits a full and separate hearing. This is further buttressed by the fact that many of the residents were not aware of this application until the past few days (the notice i provision requires that only the adjoining owners be notified) and thus many of j the residents who maintain boats and dock privileges at the site have not been able to adequately prepare for a hearing. The impact of the relief requested will adversely effect the residents of Paradise Point and, in particular, is an attempt to manipulate the permit process in order to achieve the owner's goal of ultimately creating a residence at a site which the Zoning Board has already determined is inappropriate. jIt should also be noted that the Environmental Assessment Form submitted with this application is not only incorrect, it ignores the zoning problem, as well and the Zoning Board's decision. On that form, item #8 incorrectly indicates that the action complies with the existing zoning, item #9 ignores the private marina use on the subject lot and item#10 omits mention of the Zoning Board of Appeals and also the Planning Board's involvement in the subdivision. The form should be revised before any further action is taken. I respectfully request that this application not be acted upon and that a separate hearing date be established to permit me and the residents to appear and fully record the concerns that we have with the application and its effect upon the rights and uses of the residents of Paradise Point. Very truly yours, JAM SPIESS 633 EAST MAIN STREET • RIVERHEAD, NEW YORK 11901 P1IONI`. (611) 721 6'dinu • I %X: (611) 729X263 2 APPEALS BOARD MEMBERS UfFOC•rC Southold Town Hall .' _e, - Gerard P. Goehringer. Chairman -+a,;:a'. < 53095 Main Road " Serge Doyen. Jr. P.O. Box 1179 '� � �.��; .,;?1?R;: =c James Dinizio. Jr. + . ;" Southold. New York 11971 = o ��.::o+�• � th Robert A. Villa =_Tipp, a` y�� . Fax 15 16) 765-1823 Lydia A.Tortora ` Tiephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THF BOARD OF APPEALS Appl. No. 4314. Upon Application of JAMES AND BARBARA MILLER, Contract Vendees (Owner: Paradise of Southold, Inc. and Others) . This application is based upon the March 29, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicants are requesting a building permit to locate a new single-family dwelling, disapproved on the following grounds: "1. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; Section 100-281A-7. Single and separate search required back to 1957. 2. Approval required by Board of Appeals to build single-family dwelling as a second use on this 1 .79-acre parcel. R-80 Zone requires 80,000 sq. ft. of land area per use (or 160,000 sq. ft.) , ref. Article III; Section 100-30A. 3. Approval is required from Board of Appeals under Article XXIII, Section 100-239.4B for location of dwelling with decks at less than 75 feet from the existing bulkhead; 4. Approval required to amend Filed Map as approved by the Planning Board for Paradise Point, Section One, pertaining to 'Future Extension' of Basin Road and use of this parcel as a building (ot. MAY - 8 Ch. 100 and Ch. 108. . . ." i Location of Property: 580 Basin Road, Southold, Paradisepoint n Section One, Filed Map No. 3761 filed April 11, 1963; also knoln as ` - 1000-81-1-16.7 (formerly part of 16.4) . WIIEREAS, public hearings were held on June 7, 1995. July 12, 1995 and August 9, 1995, at which times all persons who desired to be heard were heard and extensive testimony recorded (pro and con) ; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; Page 2 - Appl. No. 4's -F Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present coning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. BASIS OF APPEAL. The Building Inspector's Notice of Disapproval, upon which this variance application is based, is dated March 29, 1995. On March 10, 1995 the Building Inspector received a building permit application to construct a single-family dwelling with decks, accessory swimmingpool, and retaining the use of the existing boat basin (private marina) use for lot owners in the Paradise Point Association, Inc. The marina is "as built" with docks, bulkheads, parking areas, an existing improved access extension; easements for access to the jetty by lot owners and others using the private marina, as well as open accessibility to and around the perimeter of this 1.79+- lot. 2. CODE REQUIREMENTS. The grounds for disapproval are as follows: 1. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; Section 100-281A-7. Single and separate search required back to 1957. 2. Approval is required . . . to building single-family dwelling as a second use on this 1 :79-acre parcel. R-80 zone requires 80,000 square feet per use. Article III, Section 100-30A. 3. Approval is required . . . under ARticle XXIII, Section 100-239.4-B for location of dwelling with decks at less than 75 feet from the existing bulkhead. (Note: Paragraph numbers 4 and 5 relate to other department approval requirements). 3. PROPERTY DATA. The premises in question is located along Basin Road at Paradise Point identified on the County Tax Maps as District 1000, Section 81, Block 1, Lot 16.7 containing a total area of 1.79 acres (inclusive of low wetland area and inclusive of a strip of land referred to as a "jetty" - whose ownership has not be ascertained through title insurance or through search of deeds) . After removal of the jetty upland area from the total area of this property, the lot area is 74,595+- square feet. The areas subject to flooding and unusuable for parking and residential-type uses appears to be 5,000+- sq. ft. , leaving a total upland area of approximately 70,000 sq. ft. for two uses: (a) the existing private marina use and (b) a proposed single-family residential dwelling with accessory uses. Contiguous to the east is Basin Road, which is Page 3 - Appl. No. 4314 Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 shown on the map of Paradise Point to extend beyond, onto the subject property. Upon information received, no formal amendments to the 1963 Subdivision Map of Paradise Point were filed with the Suffolk County Clerk since its original filing as Map No. 3761. 4. PROPOSED VARIANCE. The applicant herein is contract vendee for the purchase of the subject property with proposals to alter the present improvements (base of road extending from Basin Road to the westerly waterway section) , for construction of a new dwelling and accessory.swimmingpool. 5. AMOUNT OF RELIEF REQUESTED. The proposed dwelling is shown to be 76WI at its longest side (along the east measurement) and 76 feet wide at its point closest to the bulkhead along Southold Bay (Town Harbor) . The setback of the house was originally proposed at 51 feet at its westerly corner point, and during the August 9, 1995 hearing, applicants offered an alternative setback increase from 51 feet to 60 feet at its closest points, and increase from 58 feet at its easterly corner to 65 feet. The: setback shown from the easterly neighbor is 60 feet, and the setback from other deeded lot lines was shown at 75 feet or more. The kemount of actual house area which is rquested under the variance is approximately 1175 square feet (ground area) . The reduction by the requested variance is 15 feet and 10 feet, respectively, which is 20% and 14%, respectively, less than the code requirement of 75 feet. 6. CHARACTER OF SURROUNDING AREA. The neighborhood consists of many lots improved with single-family residences in a residential community with waterfront accessibility: The neighbors also have used the southerly portion of this property as a private marina for private boating purposes. To the south is approximately 80,0000 sq. ft. of land, mostly underwater, which together with the canal or inlet, is understood to be owned and privately used by Paradise Point Association, Inc. and its lot owners. Directly to the east fronting along Basin Road are two subdivision lots improved for residential use. 7. PRIOR APPEALS. The subject property has not been the subject of prior appeal applications. There are records which were reviewed pertaining to a May 11, 1981 map for a minor subdivision - apparently reviewed and acted upon by the Town Planning Board for approval. That minor subdivision map is different in some respects to the 1963 filed Major Subdivision map of Paradise Point pertaining to the xtension o asin Road and possible turnaround area, however, a formal map filing for the amendments were not found through the County Clerk's records. The maps are unclear as to whether the existing access used as an Extension of Basin Road, and by lot owners and their families, was to be intentionally abandoned. The map also shows the jetty to be separate from the subject Page 4 - Appl. No. 4314 Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 property in May 1981, and information in the hearing records indicates that the jetty was built by joint efforts of the residents and lot owners (and/or Association Members) from the Paradise Point area. 8. EFFECTS OF RELIEF REQUESTED HEREIN. It is the position of the Board that: (a) an undesirable change will be produced by the grant of the relief requested for two principal uses on this 74,595+- square foot; (b) the grant of the variances requested would create "mixed uses" for both a private marina. use and a private residence for which 160,000 square feet of land area is required in this R-80 Residential Zone District; (c) as noted in paragraph 5 above, the relief requested is substantial; (d) the difficulties claimed are personal in nature to the contract vendee, who has indicated he has a "signed contract" with the owner and that the architectural design, layout and size of the house that they have chosen is not "changeable" and was one of the reasons for wanting to build; (e) applicant has indicated no desire to alter the size or layout of the house in order to comply with the zoning regulations, including limited area for residential use in order to adequately provide parking and fire access to the marina areas around the property; (f) the relief, as requested, is not the minimum necessary, and does not adequately preserve and protect the character of the neighborhood and the health, safety and welfare of the immediate community areas; (g) in light of all the above, there are alternatives for appellant to pursue to better plan for the existing marina uses or for a principal residential building which will fit within an appropriate upland area with greater setbacks from the water and wetland areas, with less reduction in setbacks and less relief. Accordingly, on motion by Member Villa, seconded by Page 5 - Appl. No. 4314 Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 Member Dinizio, it was RESOLVED, to DENY the variances requested and as noted above. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Villa, and Tortora. This resolution was duly adopted by unanimous vote of the board members. GERARD P. GOERINGER, CHAIR RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATFZ/03P.5 HOUR L?',S Town Clerk, Town of Southold N1 IA 6 d JOSEPH J. SEYMOUR STATE OF NEW YORK EDMOND F. SCHORNO COMMISSIONER EXECUTIVE DEPARTMENT FIRST DEPUTY COMMISSIONER OFFICE OF GENERAL SERVICES MAYOR ERASTUS CORNING 2ND TOWER THE GOVERNOR NELSON A.ROCKEFELLER EM/IRE STATE PLAZA ALBANY,NEW YORK 12242 March 8, 2000 Ms. Marie Page Assistant Vice President Title Officer Fidelity National Title Insurance Company of New York 24 Commerce Drive Riverhead, New York 11901 Dear Ms. Page: Re: Status of Tax Map Parcel 16.10 Southold, Suffolk County This is in response to your letter to Mr. Louis Gnip regarding the status of the small canal parcel of land off Southold Bay. The records in our office indicate that the lands in question were part of the Andros Patent granted October 31, 1676. The grant included all Rivers, Lakes, Waters, etc. The State of New York does claim sovereign ownership of all ungranted lands in the Peconic Bay up to the high water mark. In an area such as the canal in question, the limits of the State ownership would run from headland to headland at the mouth of the canal. A copy of our water grant index map for this area is enclosed for your use. Thank you for your interest in the lands underwater program, which is administered by _fhe Office of General Services. Please contact me at (518) 486-1479 if you have any further -questions. nSincerely, Richard W. Bennett, L.S. Public Lands Surveyor Examiner Bureau of Land Management Enclosure Al % of the SHORE LINE OF SUFFOLK COUN'T'Y. N.Y. showing the made by At" A'amMi55ionero of fkv 199nd j8ffire ana foe Fegi9fafurr. also the LINE OF ORIGINAL IIIGH WATER. PREPARED FOR THE COMMISSIONERS OF THE LAND OFFICE under me direction of H. A. VAN ALSTYNE. STATE ENCINEEg AND SU9VEY0q. 1806. J f 1 1,` e c.o 27 1� r• i h a [ d O U T it O L U b e. y T �t B df 0 n Y o s L w r H.He.L Y 1 I ?. GdeeHesaAhtlm L d p � c o N r C $ A Y t s _ s.rry.w r i 0 I . 96 94 93 9, ,• 1 94 ql 96 91 93 90 93 87 -. 97 94 93 •• 79 91 LANDS UNDERWATER CLAIMED BY THE TOWNSHIPS (0, 0L TOWN OF SOUTHOLD: ALL LANDS UNDERWATER ANDROS PATENT , OCT.31 , 1676. e7 .0 y 76 76 SOUTH BOUNDARY OF TOWN IS THE HIGH TOWN OF SOUTHOLD v.s. FRANCES B. PARKS • S� / y7 96 WATER MARK OF PECONIC B GARDINERS 4t misc.reports, p.456, oflirmed 97oppellate 0 i1 0.(\ BAYS. div.636, offidovid N.Y. 513. O 79 2 7� 9. ALL LAND UNDERWATER IN ANY HARBOR, BAY , O �/ p LP 100 7R CREEK ,SHALL INCLUDE ALL WATERWAYS 9 .s '- 0 CHEEKS CUTTING THE SHORE LINE OF THE SOUTHOLD TOWN ORDINANCE y L 1944 9 1949 . /Z < 00 � �. �3 TOWM TO THE AV. HW.M. FROM HEADLAND TO 103 HEADLAND. Y 3i' 0 / 4 T ✓• Q 9 _TOWN OF BROOKHAVEN : c C` "0 G.. 106 ALL LANDS UNDERWATER NICOLLS PATENT , MAR.T , 1666 . 0 90 �s 9 ALL LANDS UNDERWATER DONOAN PATENT DEC 27 , 1686 . 'o, / /L 7 f7� 39 -o® MOUNT SINAI HARBOR I� PORT JEFFERSON HARBOR , 114 115 SETAUKET HARBOR , CONSCIENCE BAY. 70 a9Q 6. �`0 i� a. 135 126 170 100 107 BI 114 176 67 Q 'f) 130 1i7 NOTE: JURISDICTIONAL LIMIT OF TOWNSHIPS FOR REGULATION ' SB � sb y 121 OF VESSELS IS 1500 FT. FROM SHORE .(NY.S. TOWN LAW ART.9 D 99 SECTION 1°:Il , SUBSECTION 17.) 60 ' Si 0 03 03 • 58 90 90 04 BB 93 „' 90 - . 4 . 97 7.♦., Flu 61 106 A 4S M1L.....'J.."14 ....y 67 90 rh�;'. f9 43 i 90 94 III 90 _. . 76 B7 L : — 94 A 100 75 �� 75 72T I 7, 26 ...2../. . 7 61�!' 7 7B 13 16 X79 BB 66 64 0 515 77'. 36 �. . 16 l..o 67 2 P.....: 2 � '.. 56 �O . 161. .. 21 ry, <�•�. 27 Vm„ •.� 79 9 061 19' 69 11 9 12 1y. II .oM . ,aP P.1 16 cab 1 27 . 37 57 49 6 •v 22 9 Sl ,v�q B va 63 :'21..: 12 .. . SI 10 – � w B ....... OBJ24 25 'W ILDWDOD S.P. 54 "27 '7 6 c. .M"•-' '• r.': ' ..., L o k7 13 17 al7c 8........ l4 ..IS– 22 ..F A 39J,.30 .o 3n, Rowa 1iA° 7so Afr 7s7 �FFD(k TO D S U: Southold, N.Y. 11971 HENRY E. RAYNOR, if., challow TELEPHONE 766.1906 JAMES WALL BOOM ORLOWSKI.Jr. GEORGE RITCHIE LATHAM.Jr. William F. Mullen, Jr. June b , 1981 Mr. George Fisher Senior Building Inspector Town Hall Southold, New York 11971 Dear Mr. *Fishert The following action was taken by the Southold Town Planning Board at a regular meeting held June 1, 1981. APPROVAL to- set off as indicated on subject of Paradise Point Corporation, lots titled Club House 2.15 acres and an unnumbered lot on Southold Bay 1.7 acres directly east- of the inlet basin. Also an amendment to the resolution to include lot 17 as shown on map of May 11, 1981. This approval Is subject to a one year review. Yours truly, HENRY .E. RAYNOR, JR. , CHAIRMAN SOUTgdLD TOWN PLANNING BOARD By Linda Kimmins, Secretary Minutes of Meeting of the Board 'of Diredtors of the Paradise Point Association November 9,1W Preaeat: Boyd, Conroy, $lfers, Neefus, Davis, Scalia Invited Guests: Curcuru and J. dduning Meeting called to order at 11:30 A.:4. 1.) The purpose of the meeting was to discuss the recently learned PIMA of the Paradise Point Corp. to sell off most of the remaining land oA:;tlu point# ,in4v OXw Us point itself and the land on both'' ides'of the entrance ohanael to the basin. 2.) Gil Hallenbeck was invited to explain the corporation's plana which he did in some detail; 3.) After Gil's departure the Directors drew up the Memorandum attached to thane minutes and mads a part thereof and instructed Ted Boyd as President to_pressnt this memo to Cil . this same day (November 99 1960) for the consideration of the corporation] . 4.) Ted Boyd was also directed to mention to the corporation the fact that the Board of Directors have agreed to consider seeking legal advice In-order to protect the interests of all the residenta-af the Point. If this decision is implemented the directors will meet again to authorize funds. The meeting vas adjo-arAed at 12:30 P.M.. t, Robert acalia Secretary PRE F4r.E Er + EA LEVEL l N flan View MAPPING EES,- =NS REJr Pr:i:E Sii+/V Sheet I OF I, SCALE "= 60' I�i� �I 3 5GT# 1000-81-1-16.1 Southold, New York Tide Range: 2.5'-/- Datum: NGVD'29 41OHinos JO NN,AA01 30 Ams V : ,k .j:jA3'dddV 2o2'.i- �j' Proposed 4' x beachstop with a wide path ill pp Reps of azlsEirg tm r WlkhOdd.4115 lF -- Timber Plies,SVVk��gqers,lay logs _ _ ]-- c.-Lac serle5 9000"%thk[g _ Rot dlst eE Wom behw� " W l"W!nrth caps PmerKor _ Bepah erma IB'04. �l EJ FL_ FOUL- Lond OF ZupO bil -'C4 2r : I Revegetote approx. _ n= 640 S.F.of shoreline c W / behind "IOw sill" NSLorway 5pn:ce `� �' WlkhBad with sportino nP nI, .Le LL i�e.aro �FnceN - -. Coacerorpr RG -, Ynstoll /fie - rcunc c...er Io 521F `Jr!! oye^/y. 55 r::.' 5p,-, w 5111 ��nByy �S t0 , NF Ky N L, P1,rL In, 0.7 belO.v q Otl \\ ?+yte4�peO,tF,��'oy� / Eay osses I f� q?.a,a9 0� "Low 5illrr Bulkhead � �—� Cr000 Section ]enc ••Lry -s 3\�` �i .G_LOC" 5heothin(q'� 52 feet Of new aemensanai i:maer low 9111 Wlkheod imcer arc pnea are G.. asing 6-Loc Sheathing vre a[ea nota or pir,zc Cr000 Section rrt aP..I s[renaer; I/ � �� 2 Detail (top view) to ca Boat 8a51Y1 - ?ea[J men sr�y--ere :aMENGEC "G-LOG' q. -3i-02 Sheathing �000 mei �ex,.;n iGl3C-oz 14' approx. 495 feet of existing timber she locen�/bulkhead Approx. 495 Feet of existing -e4-a5 +u ]a men5,onol N�mr�er to be replace in plots" timber sheathlnq/bulknead TrnS FL:T wr.5 FE,ELGFEC p mbar ona File, are GCS -using G-Lac Sheathing to be rep Iacedr In place" FROM 511R✓EY5 OF OS-29-02 L'aa[ed waad ccPia5t1c. using 6-Loc Sheathing ROBERT H FOX, NY5 Lc" 5Y'i9' Hardware goi'.onizeo -o,zcoz e,33,„ , FROM :C rIES IANC INC. FRX NO. :031-8r5-8551 Jan. 24 2003 10:08HM P2 VIII II RE: WETLAND PERMT MARY ZUPA 560 BASIN ROAD, SOUTHOLD WORK PLAN It is the intention of the applicant to undertake all restorative and stabilizatio activity as soon as practical, subsequent to a favorable decision by the Southold Board of Zoning Appeals (the "ZBA") regarding an application which is currently pending. The application was filed in November, but no date for a hearing has been set by the ZBA- Assuming a favorable decision after a hearing in mic March, and that the marine contractor identified for the restorative andl stabilization operations has not been pre-empted by other work, the plan is for the bulkhead replacement, installation of the stairway and installation of the lowj sill bulkhead to commence in April, with the shoreline stabilization plantings and, buffer plantings to commence thereafter. It is anticipated that these operations', will be completed within approximately 45 to 60 days from commencement. i I Assuming this schedule, groundbreaking for the residential site improvements should commence in the May-June time frame. This work will be preceded by installation of a row of staked hay bales placed a minimum distance of 50' from', the landward edge of the tidal wetland boundary or bulkhead. All work on this site will be done in accordance with best practices and which is normally done with similar sites under similar conditions to protect the wetlands. It is anticipated that the project will take approximately one year to complete. 40 NAA01 7 a�doa ,,�; UdAOUd`d FROM :C MESIRNO INC. FR:: NO. :031-078-8951 Jan. 24 2003 10:0ERM P2 I RE. WETLAND PERMT MARY ZUPA 580 BASIN ROAD, SOUTHOLD WORK PLAN It is the intention of the applicant to undertake all restorative and stabilization activity as soon as practical, subsequent to a favorable decision by the Southold Board of Zoning Appeals (the "ZBA") regarding an application which is currently pending. The application was filed in November, but no date for a hearing has been set by the ZBA. Assuming a favorable decision after a hearing in midi March, and that the marine contractor identified for the restorative and stabilization operations has not been pre-empted by other work, the plan is for] the bulkhead replacement, Installation of the stairway and installation of the low) sill bulkhead to commence in April, with the shoreline stabilization plantings and buffer plantings to commence thereafter. It is anticipated that these operations) will be completed within approximately 45 to 60 days from commencement. Assuming this schedule, groundbreaking for the residential site improvements should commence in the May-June time frame. This work will be preceded byi installation of a row of staked hay bales placed a minimum distance of 50' from the landward edge of the tidal wetland boundary or bulkhead. All work on this site will be done in accordance with best practices and which is normally done with similar sites under similar conditions to protect the wetlands. It is anticipated that, the project will take approximately one year to complete. it I� VICTOR J. ZUPA ATTORNEY AT LIM 4565 PARADISE POINT ROAD SOUTHOLD, NEW YORK 11971 E-bUM vzur)a oaor)tonllne.net TELEPHONE(631)765-6112 FACSMME (631)765-6119 REGISTERED MAIL, RETURN RECEIPT REQUESTED . PERSONAL: To Be Opened By Recipient Only E June 30, 2003 D E 1D Hon. Kenneth P. LaValle J1il 12003 325 Middle Country Road, Suite 4 Selden, NY 11784 Souftw To» Bud of%StW Dear Senator LaValle: When we met last summer at the Polish Center, your brief discussion with me and my wife Mary appeared congenial. We expressed to you our admiration for the work you have done, and the regard in which you are held by residents of the North Fork. We do not understand, however, why your office is permitted to continue to take sides and act against us in a vituperative property dispute we have with an association of our neighbors in Paradise Point. The neighbors' position is best summarized by the ultimatum they gave to us: "either give us a deed to the shoreline and a driveway on your property, or we will do everything we can to oppose you in building a home." Because we would not give them a deed, they have carried out their threat by preventing Town agencies from granting permits that would otherwise be granted. The enclosed letter from the NY Department of Environmental Conservation to the Paradise Point Association, which copies your office, shows your office's latest efforts in this regard. The letter indicates that the auspices of your office were used in an attempt to influence a State agency to give the association a favorable opinion on a title issue to a body of water adjacent to our present home and the lot on which we wish to build. This is an issue in a pending NY Supreme Court action to quiet title which the neighbors brought against my wife. Despite official State records to the contrary, they seek to continue the fiction that they have greater rights in a public body of water than other Southold residents. This they claim enables them to maintain an illegal and unsafe "marina," to interfere with navigation, and to prevent the construction of a residence by us on our lot. 2 This letter is the latest occurrence in a continuum which started in your office last year. Since May 2002, we have had to overcome the influence your office has exerted on Southold Town officials. Last year, for example, after individual Trustees told me that your office had been making phone calls to them in opposition to us, the Trustees refused to issue a wetlands permit unless certain conditions were met. These conditions had nothing to do with the environment and were directed by the neighbors. This was allowed to occur though seven hearings had been held between April and November during which no environmental objection was ever raised. This necessitated legal action in NY Supreme Court by us which had as a factual predicate improper influence on the Trustees, and sought redress for due process and equal protection violations under the New York and Federal Constitutions. Shortly after filing this proceeding, the Trustees, through their attorney, issued the wetlands permit and removed all the unconstitutional conditions. Since then, and at every step in the Town permit process, I have been told of the involvement of your office in opposition to us. Even now while my wife's application is before the ZBA to overrule what would appear to be a clearly erroneous interpretation of the Town Code by the building department, I am reminded of your office's involvement. At the second hearing before the ZBA on June 5, a member of your office lent imprimatur to the opposition by her conspicuous presence while her father spoke spitefully of us. Aside from who one believes is right in this dispute, or whether in the first instance a senatorial office should even be taking sides in a dispute of this kind, there is the more significant question as to why the power of your office is permitted to be used to further the personal interest of a member of your staff. Ms. Joann Ingham (nee Scalia), is the daughter of Robert Scalia, one of the opposing neighbors, who is the prime mover in the opposition against us. Mr. Scalia's actions against us are totally self motivated, and he stands to personally benefit by his daughters efforts. It is believed that you should review the role that your office is playing in this matter, and the effect it has had on Town officials in the performance of obligations which are imposed by New York law and the Town Code of Southold. RespyectTfully, �f'�'� 9, yd?� Cc: Josh Horton, Southold Town Supervisor Lydia Tortora, Chairperson, Southold ZBA Al Krupski, President Southold Trustees New York State Department of Environmental Conservation Y� Division of Environmental Permits, Region One Building 40 -SUNY,Stony Brook, New York 11790-2356 Phone: (631)444-0365 • FAX: (631)444-0360 _ Website:www.dec.state.ny.us Edn M.Crotty Commissioner June 17,2003 Andrea Kolyer Paradise Point Association,Inc. 24 Gramercy Park South New York,N.Y. 10003 Re: Paradise Point Association Basin Town of Southold SCTM# 1000-81-1-16.10 Dear Ms.Kolyer. Acting Regional Director Tony Cava asked me to respond to your June 1,2003 letter seeking clarification of the Department of Environmental Conservation's position on the ownership of the underwater land comprising the Paradise Point Association's boat basin. Please be advised that in response to a telephone inquiry by Victor Zupa,Esq.,I did look up the ownership of the underwater land in question using a set of maps maintained in this regional office.The map on which your property appears is titled"New York State Outer Continental Shelf Study Program-Municipal&Private Jurisdictional Boundaries of Land Underwater Map#3 Sheet 17 of 29". It provides a navigational chart-scale representation of the coast with different pattens of cross hatching or shading indicating four possible ownership conditions:municipal ownership,private ownership,New York State ownership,or state owned underwater land which is the subject of a grant or long term lease.This map shows the underwater land of the Paradise Point boat basin as owned by New York State. However,please note that the Department of Environmental Conservation is not the state agency responsible for making final or definitive determinations of the ownership of underwater land.The New York State Office of General Services is the agency with the responsibility for the management of state owned underwater land.Any final determination on the issue of state ownership of the underwater land in question must come from the Office of General Services.I suggest contacting OGS at the following address to resolve this issue: N.Y.S. Office of General Services Real Estate Development-Land Management Coming Tower,26"Floor Empire State Plaza Albany,N.Y. 12242-00001 Telephone(519)474-2195 Fax(5 18)474-0011 email:landunderwaterna ogs.state.ny.us Please contact me at(631)444-0371 if you have any questions about DEC's involvement or position on this issue.Thank you for your attention in this matter. J Andrea Kolyer June 17,2003 Page 2 Sincerely, George W.Hamrnarth Deputy Regional Permit Administrator cc:Victor Zupa,Esq.✓ Office of General Services Joann Ingham-Senator Kenneth LaValle's Office Tony Cava AUG 1 4 2M JUL-24-02 04 :28 PM MCNULTY-SPIESS 727 8262 P. 01 MCNULTY - SPIESS ATTOR EYS AND COUNSELORS AT LAW VIA FACSIMILE TRANSMISSION 631-765-1366 July 24, 2002 Town of Southold Board of Trustees 53095 Main Road Southold, New York 11971 ,)iii Z g 2`u�? Re: Application of Zupa Dear Board Members: I have been asked to represent a number of homeowners at Paradise Point, in opposition to the application of Mary S. Zupa, which appears on this evening's agenda. Unfortunately, I am also involved in another matter on the same evening and cannot appear on behalf of these residents. The Zupa application seems to request that the Board recognize a residential use of the subject lot at Paradise Point. (The "General Data Section" of the application indicates the previous use of the property as "Vacant Residential Lot.") What is not discussed in the application is that the lot in question was the subject of a determination by the Zoning Board of Appeals on August 9, 1995, a copy of which is annexed. In its decision the Board determined that the subject lot, which is in a two-acre zone, is undersized, that a residential use would conflict with the existing private marina use, and that the two uses would require a lot of more than twice the size of the existing lot. Based upon that decision alone, I submit that the application here cannot proceed until that decision is modified or vacated. Upon information and belief, no application is pending before the Zoning Board of Appeals for the relief necessary in order to proceed with any other application to create a residence at this site. The application further seeks to obtain relief which is unwarranted in that it attempts to have this Board exercise jurisdiction to permit removal of a roadbed which has been in existence for years and is utilized by members of the Paradise Point Association, individually and on behalf of the Association, to access the jetty. 633 EAST MAIN STREET " RIVERHEAD, NEW YORK " 11901 VH N1 tat lJ 727 92111, • PAX (6l l) 72]-B 6e1 1 ]UL-24-02 04 : 29 PN FICNULTY—SPIESS 727 8262 P. 02 MCNULTY - SPIESS ATTORNEYS AND COUNSELORS AT LAW Accordingly, it is submitted that the significance of this application and its adverse effects upon the other residents of Paradise Point merits a full and separate hearing. This is further buttressed by the fact that many of the residents were not aware of this application until the past few days (the notice provision requires that only the adjoining owners be notified) and thus many of I the residents who maintain boats and dock privileges at the site have not been able to adequately prepare for a hearing. The impact of the relief requested will adversely effect the residents of Paradise Point and, in particular, is an attempt to manipulate the permit process in order to achieve the owner's goal of ultimately creating a residence at a site which the Zoning Board has already determined is inappropriate. It should also be noted that the Environmental Assessment Form submitted with this application is not only incorrect, it ignores the zoning problem, as well and the Zoning Board's decision. On that form, item #8 incorrectly indicates that the action complies with the existing zoning, item #9 ignores the private marina use on the subject lot and item#10 omits mention of the Zoning Board of Appeals and also the Planning Board's involvement in the subdivision. The form should be revised before any further action is taken. I respectfully request that this application not be acted upon and that a separate hearing date be established to permit me and the residents to appear and fully record the concerns that we have with the application and its effect upon the rights and uses of the residents of Paradise Point. Very truly yours, 6AMISPIEESS 633 EAST MAIN STREET • RIVERBEAD, NEW YORK • 11901 PHON1 (611) 727 nznn - 1 .�X 16111 721.xz62 2 JUL-24-02 04 :24 PM MCNULTY-SPIESS 727 0262 P. 03 APP4ALS BOARD MEMBERS Southold Town Hall Gerald P. Goehringer, Chairman o ys 53095 Main Road Serge Doyen, Jr. y x P.O. Boz 1179 James Dinizio, Jr. O Southold. New York 11971 Robert A. Villa y4j0 aO�,'v Fax (5 16) 765-1823 Lydia A. Tortora 1 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4314. Upon Application of JAMES AND BARBARA MILLER, Contract Vendees (Owner: Paradise of Southold, Inc. and Others) . This application is based upon the March 29, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicants are requesting a building permit to locate a new single-family dwelling, disapproved on the following grounds: "1. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; Section 100-281A-7. Single and separate search required back to 1957. 2. Approval required by Board of Appeals to build single-family dwelling as a second use on this 1.79-acre parcel. R-80 Zone requires 80,000 sq. ft. of land area per use (or 160,000 sq. ft_) , ref. Article III, Section 100-30A. 3. Approval is required from Board of Appeals under Article XXIII, Section 100-239.4B for location of dwelling with decks at less than 75 feet from the existing bulkhead; 4. Approval required to amend Filed Map as approved by the Planning Board for Paradise Point, Section One, pertaining to 'Future Extension' of Basin Road and use of this parcel as a building lot. Ch. 100 and Ch. 108. . . ." Location of Property: 580 Basin Road, Southold, Paradise Point Section One, Filed Map No_ 3761 filed April 11, 1963; also known as 1000-81-1-16.7 (formerly part of 16.4) . WHEREAS, public hearings were held on June 7, 1995, July 12, 1995 and August 9, 1995, at which times all persons who desired to be heard were heard and extensive testimony recorded (pro and con); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; JUL-24-02 94 ]30 PM MCNULTY-SPIESS 727 8262 P. 04 Page 2 - Appl. No. 4314 Matter of TAMES AND BARBARA MILLER Decision Rendered August 9, 1995 WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present coning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. BASIS OF APPEAL. The Building Inspector`s Notice of Disapproval, upon which this variance application is based, is dated March 29, 1995. On March 1 0, 1995 the Building Inspector received a building permit application to construct a single-family dwelling with decks, accessory swimmingpool, and retaining the use of the existing boat basin (private marina) use for lot owners in the Paradise Point Association, Inc. The marina is "as built" with docks, bulkheads, parking areas, an existing improved access extension; easements for access to the jetty by lot owners and others using the private marina, as well as open accessibility to and around the perimeter of this 1.79+- lot. 2. CODE REQUIREMENTS. The grounds for disapproval are as follows: 1 . This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; Section 100-281A-7. Single and separate search required back to 1957- 2. 957_2. Approval is required . . . to building single-family dwelling as a second use on this 1.79-acre parcel. R-80 zone requires 80,000 square feet per use. Article III, Section 100-30A. 3. Approval is required . . . under ARticle XXIII, Section 100-239.4-B for location of dwelling with decks at less than 75 feet from the existing bulkhead. (Note: Paragraph numbers 4 and 5 relate to other department approval requirements). 3- PROPERTY DATA- The premises in question is located along Basin Road at Paradise Point identified on the County Tax Maps as District 1000, Section 81, Block 1, Lot 16.7 containing a total area of 1.79 acres (inclusive of low wetland area and inclusive of a strip of land referred to as a "jetty" - whose ownership has not be ascertained through title insurance or through search of deeds) . After removal of the jetty upland area from the total area of this property, the lot area is 74,595+- square feet. The areas subject to flooding and unusuable for parking and residential-type uses appears to be 5,000+- sq. ft. , leaving a total upland area of approximately 70,000 sq. ft. for two uses: (a) the existing private marina use and (b) a proposed single-family residential dwelling with accessory uses. Contiguous to the east is Basin Road, which is JUL-24-92 54 :31 PM MCNULTY-SPIESS 727 8262 P. 05 1 t age 3 - Appl. No. 4314 Maetter of JAMES AND BARBARA MILLER cision Rendered August 9, 1995 shown on the map of Paradise Point to extend beyond, onto the subject property. Upon information received, no formal amendments to the 1963 Subdivision Map of Paradise Point were filed with the Suffolk County Clerk since its original filing as Map No. 3761 . 4. PROPOSED VARIANCE. The applicant herein is contract vendee for the purchase of the subject property with proposals to I alter the present improvements (base of road extending from Basin Road to the westerly waterway section) , for construction of a new dwelling and accessory .swimmingpool. 5. AMOUNT OF RELIEF REtaUESTED. The proposed dwelling is shown to be 7614" at its longest side (along the east measurement) and 76 feet wide at its point closest to the bulkhead along Southold Bay (Town Harbor) . The setback of the house was originally proposed at 51 feet at its westerly corner point, and during the August 9, 1995 hearing, applicants offered an alternative setback increase from 51 feet to 60 feet at its closest points, and increase from 58 feet at its easterly corner to 65 feet. The setback shown from the easterly neighbor is 60 feet, and the setback from other I deeded lot lines was shown at 75 feet or more. The amount of actual house area which is rquested under the variance is approximately 1 1175 square feet (ground area) . The reduction by the requested variance is 15 feet and 10 feet, respectively, which is 20% and 14%, respectively, less than the code requirement of 75 feet. 6. CHARACTER OF SURROUNDING AREA. The neighborhood consists of many lots improved with single-family residences in a residential community with waterfront accessibility. TIP neighbors also have used the southerly portion of this property as a private marina for private boating purposes. To the south is approximately 80,0000 sq. ft. of land, mostly underwater, which together with the canal or inlet, is understood to be owned and privately used by Paradise Point Association, Inc. and its lot owners. Directly to the east fronting along Basin Road are two subdivision lots improved for residential use. 7. PRIOR APPEALS. The subject property has not been the subject of prior appeal applications. There are records which were reviewed pertaining to a May 11, 1981 map for a minor subdivision - apparently reviewed and acted upon by the Town Planning Board for approval. That minor subdivision map is different in some respects to the 1963 filed Major Subdivision map of Paradise Point pertaining to the Extension of Basin Road and possible turnaround area, however, a formal map filing for the amendments were not found through the County Clerk's records. The maps are unclear as to whether the existing access used as an Extension of Basin Road, and by lot owners and their families, was to be intentionally abandoned. The map also shows the jetty to be separate from the subject JUL-24-02 04 :32 PM MCNULTY-SPIESS 727 8262 P_ 05 Page 4 - Appl. No. 4314 Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 property in May 1981, and information in the liearing records indicates that the jetty was built by joint efforts of the residents and lot owners (and/or Association Members) from tho Paradise Point area. 8. EFFECTS OF RELIEF REQUESTED HEREIN. It is the position of the Board that: (a) an undesirable change will be produced by the grant of the relief requested for two principal uses on this 74,595+- square foot; (b) the grant of the variances requested would create "mixed uses" for both a private marina use and a private residence for which 160,000 square feet of land area is required in this R-80 Residential Zone District; (c) as noted in paragraph 5 above, the relief requested is substantial; (d) the difficulties claimed are personal in nature to the contract vendee, who has indicated he has a "signed contract" with the owner and that the architectural design, layout and size of the house that they have chosen is not "changeable" and was one of the reasons for wanting to build; (e) applicant has indicated no desire to alter the size or layout of the house in order to comply with the zoning regulations, including limited area for residential use in order to adequately provide parking and fire access to the marina areas around the property; (f) the relief, as requested, is not the minimum necessary, and does not adequately preserve and protect the character of the neighborhood and the health, safety and welfare of the immediate community areas; (g) in light of all the above, there are alternatives for appellant to pursue to better plan for the existing marina uses or for a principal residential building which will fit within an appropriate upland area with greater setbacks from the water and wetland areas, with less reduction in setbacks and les:; relief. Accordingly, on motion by Member Villa, seconded by .TUL-24-02 84 :33 PM MCNULTV—SPIESS 727 8252 P. 07 Page 5 - Appl. No. 4314 Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 Member Dinizio, it was RESOLVED, to DENY the variances requested and as noted above. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Villa, and Tortora. This resolution was duly adopted by unanimous vote of the board members. O GERARD P. GO N '.ER' CHAIRMAN CEIVED AND FILED BY SOUTHOLD TOWN CLERK I ATEE)?3r5 HOUR 9',9 .a I Town Clerk, Town of Southold .TILL-24-02 94 :34 PM MCNLILTY-SPIESS 727 8262 P. 08 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: MARY S. ZUPA SCTM N 1000—81-1-16.7 YOU ARE HEREBY GIVEN NOTICE: t. That It Is the Intenflon of the undersigned to request a Permit from the Board of Trustees to: CONSTRUCT A 60' X 100'(IRREG.) SINGLE FAMILY DWELLING, PORCH AND PATIO, ON- SITE SEWAGE DISPOSAL SYSTEM , FREE-FORM, IN-GROUND (GUNITE) POOL (APPROX.16' X 32') AND PERVIOUS DRIVEWAY; IN-PLACE REPLACEMENT OF APPROX. 520' BULKHEAD: INSTALL APPROX. 95' NEW BULKHEAD , 4' WIDE STEPS FROM BULKHEAD TO BEACH (APPROX. 3.5'), 137' LOW PROFILE TIMBER RETAINING WALL, 3 TERRACED STONE RETAINING WALLS (APPROX. 220 X 21 UPLAND FOR EROSION CONTROL, APPROX. 4'X 25'WOOD DOCK, 3' X 8'WOOD RAMP AND 6' X 20'WOOD FLOAT AND ONE 8- WOOD PILE, RE-VEGETATE APPROX. 640 SQ. FT. SEAWARD OF NEW LOW PROFILE WALL WITH SPARTINA Q 1W O.C., RE-VEGETATE SECTIONS OF BUFFER AREA, REMOVE EXISTING ASPHALT DRIVEWAY. 2. Thot the property which is the subject of Environmental Review Is located adjacent to your property and Is described as follows; 580 BASIN ROAD, SOUTHOLD 3. That the project which is subject to Environmental Review under Chapters 32, 37,or 97 of the Town Code Is open to public comment on July 24, 2002. You may contact the Trustees Office at 7155- 1892 or in.writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNER. Mary S. Zupa 4565 Paradise Point Road Southold, NY 11971 OWNER'S AGENT: Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 831-878-8851 Eng., Copy of sketch or plan showing proposal for your convenience, Id wti6Z:60 2092 b1 'I^f S$6B-BLB-t£5: 'ON %Fij 'OPiI ONF![534 0 woad 07;23'2002 22:05 212253212 KLEIN PAGE 01 Marc & Laura Klein 3595 Paradise Point Road PO Box 390 Southold, NY 11971 July 24,2002 Southold Town Trustees L 42002 PO Box 1179 / Southold, NY 11971 LTC "- Dear Sirs and Madames: We are writing to express our concern about the hearing tonight o Victor and Mary Zupa's applications and requests regarding Lot#1 in the Paradise oint Association. We were just informed about the hearing on Monday and regret that w e could not make arrangements to attend. We understand that the application that you will consider involves a number of issues that might fundamentally affect the rights of all property owners who c urrently enjoy benefits of being part of the Paradise Point Association. 1t would be helpf ki for all those who may be affected by the Zupas' plans to learn more about them and for i he Association to prepare a thoughtful response. Therefore, we respectfully request that you will consider delaying a decision on these matters for a reasonable time period. Sincerely, Marc and Laura Klein 3880 Paradise Point Road Southold, NY 11971 July 24, 2002 Board of Town Trustees Town of Southold 53095 Route 25 Southold,NY 11971 Re: Application of Zupa 580 Basin Road, Southold SCTM #1000-81-1-16.7 Greetings: As one who has been involved with the enjoyment of Paradise Point for forty-four plus years, I am encouraged by the plan devised by Mr. and Mrs. Zupa for the development of Lot 1 as a solution for the long term erosion the property has suffered, which erosion has adversely impacted the free and easy access of boats to the basin and which stands uncorrected to this day. Not withstanding my overall support of the Zupa plan, I am troubled by Item #7 which appears to call for approval of a new 25' dock, ramp and a 20' float to be placed immediately to the West of an existing dock. In making this objection, I call to your attention that the Zupa survey was completed in the dead of winter when all of the floats which normally provide docking space in the basin were clumped together in a central location to protect them from ice damage. As I am sure your on-site inspection showed, these floats in their normal summer configuration present quite a different picture and the inclusion of a new dock in the location proposed by Mr. and Mrs. Zupa would effectively preclude use of the entire West side of the existing dock and float. Additionally, the mooring of a boat of any size on the proposed dock and float would, absent extensive dredging of the inlet at the mouth of the basin, present an obstacle to other vessels seeking access to the basin. With this sole reservation I support the remainder of the Zupa plan and urge its approval so that we may finally solve some of the problems that have plagued Paradise Point for years. V truly yours, JUL "Z 4 2002 Edward J. Boyd EJB/bv cc: " Zupa 1,0/19/2001 15:23 6317659064 ZONIN6APPEALSBOARD PAGE 0= APPEALS BOARD MEMBERS OFF44 Southold Town Hall A Gerard P. Goehringer, Chairman 53095 Main Road James DWAO,JL 3 P.O.Box 1179 Lydia A.Tortora Southold,New York 11971-0959 Lara S. Collins ZBA Fax(631)765.9064 George Homing Telephone(631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 17, 2001 Vidor Zupa, Esq. 4565 Paradise Point Road Southold, NY 11971 Re: Inquiry on Subdivision Status 1000-81-1-16.7 Dear Mr. Zupa After reviewing your letters with enclosures, I referred you to the Building Department. Your next step is to submit an application with required documents for departmental reviews. When submitting an application to the Building Department, you will need to furnish the Information, similar to that enclosed with your letter, that certifies the lot is single and separate. You will also be asked to submit all other documentation, such as determinations from the environmental agencies (Town Trustees and NYS Department of Environmental Conservation) as well as the County Health Department determination regarding proposed cesspool and well locations. The Board of Appeals' jurisdiction is appellate only, The Board is not permitted to Issue a letter of approval for a subdivision, which appears to be your inquiry, You may of course contact the Planning Board for a subdivision, if to be considered, or if you know the Building Department is saying your lot requires a Lot Waiver, you may apply with the steps required to correct it. Your proposal is not clear because you have not submitted an application to any agency or department that we are aware of. It Is recommended that if you would like to file an application to build a house, which would meet all zoning regulations, then your first step would be to make application to the Town Trustees, and Building Department, with all the required documents. The survey should include all information relative to the location of the new house, all proposed landscaping (such as retaining walls, drywalls, cesspool locations, etc.) ZUgINGAPPEALSBOARD PAu� 03 Page 2-OdObsr 17,2001 To: Wold Lupo Esq. Re: Subdivision Status Inquiry and showing any other area that may be used or occupied (such as proposed or existing driveways, paper streets, marina parking areas, well location, etc.). H you are planning to divide the lot to separate the parking area for the marina, separate from the proposed dwelling, an application would need to be filed with the Planning Board who has jurisdiction under the Subdivision Regulations. We hope that the above will be of assistance to your inquiries. Sincerely Gerard . Goehringer Chairman cc: Town Attorney Greg Ya ski Building Department, Attn: M. Verity Planning Board VICTOR J. ZUPA ATTORNEY AT LAW 4565 PARADISE POINT ROAD SOUTHOLD,NEW YORK 11971 E-MAILyzuna(aconcentric.net TELEPHONE(631)765-6112 FACSIMILE (631)765-6119 VIA FACSIMILE August 6, 2002 �'J.� AUG - 7 2002 Michael J. Verity, Principal Building Inspector Building Department s`• Town of Southold Southold,NY 11971 Re: Removal of Illegal Marina Dear Mr. Verity: After submittal to you earlier today of the Request for Removal of an Illegal Marina, I received the attached written electric report from the NY Board of Fire Underwriters of the results of an electric inspection of equipment associated with the illegal"marina" maintained by the Paradise Point Association at 580 Basin Road. This inspection was done at the request of Mr. Krupski. It reports that the electrical installations in and around the"marina"do not comply with the National Electrical Code. The risk of personal injury that exists from substandard installation, the deterioration of electric equipment and the exposure to high voltage wires should be obvious. As previously indicated, while this property is owned by my wife Mary Zupa, the Association has taken the position that it has a right to maintain this illegal"marina"because of a right of way granted to it, and because of a the 1995 ZBA decision (Attachment 5 to the earlier submittal) which it claims sanctions the "marina." Thus, it is requested that immediate action be taken by the Town to order the Paradise Point Association to remove the marina along with this electric equipment as soon as possible. Sincerel , V Cc President,Board of Trustees / Director of Code Enforcement O6/06/2002 15:50 2981059 "A6= 0_ THE NEW YORK BOARD OF FIRE UNDERWRITERS ELECTRICAL DEPARTMENT RESPOND TO: A.J. REED,GENERAL MANAGER ❑ ere Jahn street I ] 41 3199e Street I 0 670 Delaware Avenue I ❑ 917 Lake Awnae I �:; 902 Arterial Road NEW YORK NY IDOSS ALSANY.NY 19907 BUFFALO,NY 14202 ROCHESTER,NY 1461x1 SYRACUSE,NY 19206 19191 2274700 49141463-2122 (7116166•-1160 (716)2644141 (015)463.8642 THIS IS A REPORT OF(SEE BOX CMeCKED HEREUNDER) A. ❑ NON-INSPECTION S. 4NSPECTION C. O ELECTRICAL SURVEY JOS LOGATION: d 1'¢S APPLICATIONNO.: PERMIT NO.: TO: OWNERI TENANT ADDRESS T�V ADDRESS &NON•INSPECTION:We have received your application for an Inspection of the electrical installation made by you at the promises named herein but We have bean unable to make the inspection for the following reason: C Floor location and name of tenant not furnished ❑ Premises locked, no entry possible. ❑ Ftoor location of building not furnisned Z1 Other Inspector's Signature_ Date - Plow provide the necessary Information or suggest arrangements for our access to the premises on the green form attached and return K to this office, Applicant's Signature Data auaarra efarau:raaawelsss eelrevwewweaeews. B. C. INSPECTION OR ELECTRICAL SURVEY:We have attended at the premises named herein to Inspect the electrical Installation and regret that we can not issue a certificate of compllance for the reason(3)listed hereunder, C Concealed work not exposed sufficiently ❑ Additional electrical work found for which no application for Inspection, for Inspection has been received. C Installation not completed sufficiently , 'f Electricai installation does not comply with National for inspection. Electrical Code for reasons listed hereunder. (see reverse aide for explanation of coding) KEY TO FORM:Code nun"Aimed urlder BLACK column listed below carn"ed wlm ewe number minled under RED aotumn iletad below bpialle"Condition,EXAMPLE x ACE,i Servide Conductor not of proper uwity. , BLACK RED FLOOR I BLACK I RED I FLOOR BLACK REO I FLOOR I BLACK RED FLOOR 4 r 1 rr Ir r• I Inspector's Signaturo Date NOTICE TO APPLICANT:Please sign, date and return green Copy of thts form to request re-hispection when modifications have been made. i 08/06!2842 15:5© 2931099 F46E 03 �hYsrc++C. �G,rRc C,c?r4,--7, -ziDec14( G ?'� C�wV /7t'T-A1r G CC a� �u 5 y IAA / F2. A� �N?�.►f� S'�J+l Gr/�'Ei�, ,(�/"o� ` Pki) �l � 2. Qjc�PricGG �"�rJ�wE`zl� • �i ��,pr6(2RT� /Ake �� � 66/06/2002 15:50 2931039 PAUL 02 n ombinad ivRh cold Apfltbar printed TO FQft fpda niimW prlEE6rdkrR�IBLACK dolEia! I c. -- Uraw` iP!1JlA °^F� EL4WLB:fV_C ,REQ UAME!COM=RT&O -_ PEII CATTY .- . . 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I�CCIF'ROTIfRYIRIEISMOf a.Mi4MN1MM IL .LSI". p• , r-,L' -`+..,:R •, '.. ,. r' Ke' n.. 4. - "- �x ri 1 .Ona yt+hs y ,#2b'• 44.0 &.AA:.•. .Y"-. R •T...I x.01, .n. .o.., ,�yd{Rp�. u K'. ,,�,.. LJ':_gq'!'� •'.1 1Y17:51.-11 c''✓O'r p _ - .. .Y .�;. �: _.. � t,-.,r :rr •,-r,4ri;i ^trl': � .A. �:� .K All +. ,Ml •Iltr H,.r >'!►. :. •.-EYP • ^ +Yt.. +tfiY ..�{wl ^ APPEALS BOARD MEMBERStU�gpfrol. Z ;? Southold Town Hall Gerard P. Goehringer. Chairman G�•� 53095 Main Road Lydia A. Tortara y �) P.O. Box 1179 George Horning �p �,rf�r Southold, New York 11971-0959 Ruth D. Oliva Qe't;} ZBA Fax(63l) 765-9064 Vincent Orlando nl .40o Telephone (631) 765-1809 uzmrx Itt;p://southoldtown.northfork.net BOARD OF APPEALS To"wN OF SOUTHOLD TRANSN4JTTAL SHM TO: Town Trustees' Office Attn: Charlotte FROM: ZBA Office DATE: July 26, 2002 SUBJECT: Paradise Point Boat Basin/81-1-16.7, p/o 16, p/o17 ZBA File No. 4314 — Miller and others Attached are copies requested by your department concerning the above ZBA determination. If you wish to review the entire file, please let us know. Thank you. Encls. APPEALS BOARD MEMBERS -�S�FFO( ( e= h�- S2G_ Southold Toon Hall Gerard P. Goehringer, Chairman o= 1 53095 Main Road Serge Doyen, Jr. �' _ PO. Box i U9 James Dinizio, Jr. O Southold. Nein York 11971 4 Robert A. Villa ' O� = Fax (5 16) 765-1323 ,'tfpl �a ; Lydia A. Tor[ora t- r Telephone (5 16) 765-1309 = ,. BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4314. Upon Application of JAMES AND BARBARA MILLER Contract Vendees (Owner: Paradise of Southold, Inc. and Others) . This application is based upon the March 29, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicants are requesting a building permit to locate a new single-family dwelling, disapproved on the following grounds: 11 1. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; Section 100-281A-7. Single and separate search required back to 1957. 2. Approval required by Board of Appeals to build single-family dwelling as a second use on this 1.79-acre parcel. R-80 Zone requires 80,000 sq. ft. of land area per use (or 160,000 sq. ft_ ) , ref. Article III, Section 100-30A. 3. Approval is required from Board of Appeals under Article XXIII, Section 100-239.4B for location of dwelling with decks at less than 75 feet from the existing bulkhead; 4. Approval required to amend Filed Map as approved by the Planning Board for Paradise Point, Section One, pertaining to 'Future Extension' of Basin Road and use of this parcel as a building lot. Ch. 100 and Ch. 108. . . ." Location of Property: 580 Basin Road, Southold, Paradise Point Section One, Filed Map No. 3761 filed April 11, 1963; also known as 1000-81-1-16.7 (formerly part of 16.4) . WHEREAS, public hearings were held on June 7, 1995, July 12, 1995 and August 9, 1995, at which times all persons who desired to be heard were heard and extensive testimony recorded (pro and con) ; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; Page 2 - Appl. No. 4.._'4 -Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. BASIS OF APPEAL. The Building Inspector's Notice of Disapproval, upon which this variance application is based, is dated March 29, 1995. On March 1 0, 1995 the Building Inspector received a building permit application to construct a single-family dwelling with decks, accessory swimmingpool, and retaining the use of the existing boat basin (private marina) use for lot owners in the Paradise Point Association, Inc. The marina is "as built" with docks, bulkheads, parking areas, an existing improved access extension; easements for access to the jetty by lot owners and others using the private marina, as well as open accessibility to and around the perimeter of this 1.79+- lot. 2. CODE REQUIREMENTS. The grounds for disapproval are as follows: . . . 1. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; Section 100-281A-7- Single and separate search required back to 1957- 2. Approval is required . . . to building single-family dwelling as a second use on this 1.79-acre parcel_ R-80 zone requires 80,000 square feet per use. Article III, Section 100-30A. 3. Approval is required . . . under ARticle XXIII, Section 100-239.4-B for location of dwelling with decks at less than 75 feet from the existing bulkhead. (Note: Paragraph numbers 4 and 5 relate to other department approval requirements). . . . 3. PROPERTY DATA. The premises in question is located along Basin Road at Paradise Point identified on the County Tax Maps as District 1000, Section 81, Block 1, Lot 16.7 containing a total area of 1.79 acres (inclusive of low wetland area and inclusive of a strip of land referred to as a "jetty" - whose ownership has not be ascertained through title insurance or through search of deeds) . After removal of the jetty upland area from the total area of this property, the lot area is 74,595+- square feet. The areas subject to flooding and unusuable for parking and residential-type uses appears to be 5,000+- sq. ft. , leaving a total upland area of approximately 70,000 sq. ft. for two uses: (a) the existing private marina use and (b) a proposed single-family residential dwelling with accessory uses. Contiguous to the east is Basin Road, which is Page3 - Appl. No. 4:iA Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 shown on the map of Paradise Point to extend beyond, onto the subject property. Upon information received, no formal amendments to the 1963 Subdivision Map of Paradise Point were filed with the Suffolk County Clerk since its original filing as Map No. 3761 . 4. PROPOSED VARIANCE. The applicant herein is contract vendee for the purchase of the subject property with proposals to alter the present improvements (base of road extending from Basin Road to the westerly waterway section) , for construction of a new dwelling and accessory .swimmingpool. 5. AMOUNT OF RELIEF REQUESTED. The proposed dwelling is shown to be 76'4" at its longest side (along the east measurement) and 76 feet wide at its point closest to the bulkhead along Southold Bay (Town Harbor). The setback of the house was originally proposed at 51 feet at its westerly corner point, and during the August 9, 1995 hearing, applicants offered an alternative setback increase from 51 feet to 60 feet at its closest points, and increase from 58 feet at its easterly corner to 65 feet. The setback shown from the easterly neighbor is 60 feet, and the setback from other deeded lot lines was shown at 75 feet or more. The amount of actual house area which is rquested under the variance is approximately 1175 square feet (ground area) . The reduction by the requested variance is 15 feet and 10 feet, respectively, which is 20% and 14%, respectively, less than the code requirement of 75 feet. 6. CHARACTER OF SURROUNDING AREA. The neighborhood consists of many lots improved with single-family residences in a residential community with waterfront accessibility. The neighbors also have used the southerly portion of this property as a private marina for private boating purposes. To the south is approximately 80,0000 sq. ft. of land, mostly underwater, which together with the canal or inlet, is understood to be owned and privately used by Paradise Point Association, Inc. and its lot owners. Directly to the east fronting along Basin Road are two subdivision lots improved for residential use. 7. PRIOR APPEALS. The subject property has not been the subject of prior appeal applications. There are records which were reviewed pertaining to a May 11, 1981 map for a minor subdivision - apparently reviewed and acted upon by the Town Planning Board for approval. That minor subdivision map is different in some respects to the 1963 filed Major Subdivision map of Paradise Point pertaining to the Extension of Basin Road and possible turnaround area, however, a formal map filing for the amendments were not found through the County Clerk's records. The maps are unclear as to whether the existing access used as an Extension of Basin Road, and by lot owners and their families, was to be intentionally abandoned. The map also shows the jetty to be separate from the subject Page 4 - Appl. No. �_14 Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 property in May 1981, and information in the hearing records indicates that the jetty was built by joint efforts of the residents and lot owners (and/or Association Members) from the Paradise Point area. 8. EFFECTS OF RELIEF REQUESTED HEREIN. It is the position of the Board that: (a) an undesirable change will be produced by the grant of the relief requested for two principal uses on this 74,595+- square foot; (b) the grant of the variances requested would create "mixed uses" for both a private marina use and a private residence for which 160,000 square feet of land area is required in this R-80 Residential Zone District; (c) as noted in paragraph 5 above, the relief requested is substantial; (d) the difficulties claimed are personal in nature to the contract vendee, who has indicated he has a "signed contract" with the owner and that the architectural design, layout and size of the house that they have chosen is not "changeable" and was one of the reasons for wanting to build; (e) applicant has indicated no desire to alter the size or layout of the house in order to comply with the zoning regulations, including limited area for residential use in order to adequately provide parking and fire access to the marina areas around the property; (f) the relief, as requested, is not the minimum necessary, and does not adequately preserve and protect the character of the neighborhood and the health, safety and welfare of the immediate community areas; (g) in light of all the above, there are alternatives for appellant to pursue to better plan for the existing marina uses or for a principal residential building which will fit within an appropriate upland area with greater setbacks from the water and wetland areas, with less reduction in setbacks and les:; relief. Accordingly, on motion by Member Villa, seconded by Page 5 - Appl. No. tI Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 Member Dinizio, it was RESOLVED, to DENY the variances requested and as noted above. Vote of the Board: Ayes: Messrs. Doyen, Goebringer, Dinizio, Villa, and Tortora_ This resolution was duly adopted by unanimous vote of the board members. GERARD P. GOET INGER, CHAIRMAN v RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATFO))'3rL5 HOUR Town Clerk, Town of Southold t • FORM NO.3 + ' TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . . . . .Mar.c.h .?9. . . . . . . . . . . .. 1995. . . Christine Nicholl Ltd . as agent To . . . . .for. •Jame•& .Nil-ler - .contract vendee . . . . . .405. S.nuth. .Gount.y. •Rppd . . . . .. . Brookhaven , NY 11719 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your applicationzlxlcd nreived.MaEcl 1A,. . . . . . . . . . . .. 19 .95. . for permit to c�q.S�E d'el"ng withation, Inc. as bmss' any pool and retain use of boat basin fon Paradise Point Associuilt at exastutg c�odcs Location of Property . . . .580.Basin lhad. . . . . . . . . . . . . . . . . . . . . ..S udiold . . . . . . . . . . . . . . . . . . . . House No. Street Hamlet County Tax Map No. 1000 Section . . .81. . . . . . . . . Block . . . . . .1 . . . . . . . Lot .16 . 7 (forneely part 16 at �� Subdivision Pazadise.Pnictt, Sec,I Filed Map No. . . . . . . . . . . . . . Lot No. f1Ot.�.. . . . . ..ng ' is returned herewith and disapproved on the following grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . )) • .This.parcel of 1. 79 acres is not shown on the Map of Paradise Point, Section One, as a building lot. . .Sectiori '100-281A=7• •Singld •&-ddoltate -gearch 'required -back to 1957; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2) Approval required by Board of Appeals to build single-familyy dwelling as a second use • ' • • bh'this' 1:79-acre'parcel: . . .R-BB-Zone-requires•80,VOO.SQ. . C, .P0V.ygq .(or.1?O,000 sf) Art. III, Sec. 100-30A 3) Approval is required from Board of Appeals under Article 100-SZ Section lbO-2:19.4B for . . . .lOcatlo[�.of.dAlj1ng!'a�.�s at less than75 feet fran the existarg bulkhead; 9Z . .PpluvVd. ?!n ,d FiledP.as.aPF°D)�.�.thL Planing Bawd for Paradise Point, sectio, One, pwtt dning to "Portae Fxbasian" of Basin Fbad and use of tf6 p&&l as a'bULTdIr *1bC; • • •Notei - -Q0py0llance,of land (now 17 on CTM) not found on Town subdivision map. Ch. 100. 5) Approval required from Town Trustees -and NYS Department of Environmental Conservation fnr. ail activit.ies ,annsti d.cotrucon: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . /uiy�2ng Inspector RV 1/80 1 � 4LANNING BOARD MEMBERS Richard G. Ward, Chairman y Z Town Hall,53095 Main Road George Ritchie Latham,Jr. �y • �� P. O. Box 1179 Southold,New York 11971 Bennett Orlowski, Jr. Mark S. McDonald ��l �`�� Fax(516)765-3136 Kenneth L. Edwards Telephone(516) 765-1936 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Gerard P. Goehringer Chairman, Zoning Board of Appeals FROM: Richard G. Wardlr� Chairman, Planning Board DATE: June 30, 1995 RE: ZBA memorandum dated June 23, 1995 Paradise Point Subdivision Projects SCTM# 1000-81-1-16.8 Please find the following in response to your June 23, 1995 memorandum (the numbers correspond to the paragraphs in your memo) : 1 . 1 have enclosed a copy of the Planning Board's resolution dated June 4, 1981, and the May 11, 1995 map which is referenced in the resolution. 2. The Planning Board's file does not contain a subdivision/survey map similar to that attached to your memorandum. 3. As noted in prior correspondence, the Planning Board, up until approximately five years ago, did not require the recording of set-offs in the Suffolk County Clerk's Office. The Board of Assessors usually notified the County Real Property office of Planning Board approvals. Since the Paradise set-off was not endorsed by the Planning Board, it is assumed that this procedure did not occur. In addition, the Planning Board records do not show that the Paradise Point Corporation filed the set-off in the County Clerk's Office after it was approved by the Planning Board. Therefore, since the set-off was neither recorded by the applicant nor the Town, the set-off is not reflected on the 1985 County Map which is attached to your memorandum. The Planning Board does not have the enforcement authority at this time to retroactively require that the 1981 set-off be recorded in the County Clerk's Office. enc. 1 r P TO' t., D SU .QX . 1 tit y, Southold. N.Y. 11971 HENRY E. RAYNOR. Jr.. Chairman TELEPHONE 765-1936 JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. Jr. William F . Mullen, Jr. June 4 , 1981 Mr. George Fisher Senior Building Inspector Town Hall Southold, New York 11971 Dear Mr. Fisher: The following action was taken by the Southold Town Planning Board at a regular meeting held June 1, 1981. APPROVAL to set off as indicated on subject of Paradise Point Corporation, lots titled Club House 2 . 75 acres and an unnumbered lot on Southold Bay 1.7 acres directly east of the inlet basin. Also an amendment to the resolution to include lot 17 as shown on map of May 11, 1981. This approval is subject to a one year review. Yours truly, HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD �Lv\ Al . Q � , J By Linda Kimmins , Secretary 74 (� 1c Jfilsr 141e°e'f%1q y� r / i�9s 8:15 p.m. Appl. No. 4314 - Variance request for JAMES AND BARBARA MILLER, contract vendees. (Owner: Paradise of Southold, Inc. and Others). 580 Basin Road, Southold; Paradise Point, Section One, 1963 Filed Map No. 3761; 1000-81-1-16.7 (formerly p.o 16.4) . The Chairman read the legal notice of hearing and part of the application for the audience. CHAIRMAN: I have a copy of the survey indicating a proposed house and proposed swimming pool area. I guess the easiest way to say it, it's proposed 58 feet, 51 feet at its closest point to the Basin, and approximately 100 feet - pardon me, I'm in reverse, I apologize, approximately 100 feet from the basin and approximately 51 feet at its closest point to the bulkhead on Peconic Bay. And I have a copy of the Suffolk County Tax Map indicating this and surrounding and surrounding properties in the area. Is there somebody that would like to be heard? ANNETTE ADERESTO, ESQ: Good evening, Mr. Chairman. My name is Annette Aderesto of Blake and Aderesto, 18 Railroad Road, Center Moriches, NY. I represent the applicants who are contract vendees, James and Barbara Miller. The application before you requests permission to build a single-family dwelling, garage, pool and decks on a 1 .79 acre parcel which consists of 78,000 square feet. This application is based on conformity, practical difficulty and economic hardship. The subject parcel is a parcel known as Tax Lot District 1000, Section 81, Block 1, Lot 16.7 located at Paradise Page {b - Hearing 1�anscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals Point, Southold, New York. This parcel was designated as a single and separate lot on June 1, 1981 by the Planning Board of this Town.In addition, a (vacant land) Certificate of Occupancy for the subject parcel was also issued by the Building Department on June 12, 1981 . And I would just like to read the language of that Certificate of Occupancy, ". . .This is a single and separate lot as approved by the Southold Town Planning Board June 1, 1981 with access to a street. . . ." This lot has been held in single and separate ownership since the date of that grant and since the date of that C.O. Thus, I believe this is a buildable lot. In addition, subsequent to the filing of this application, as late as yesterday on June 6, 1995, the Planning Board determined that it had approved this lot in 1981 , that it would not request Department of Health approval of the reconfiguration of this lot as approved in 1981 and the Planning Board in addition is not requiring the 1981 map to be filed with the County Clerk's Office. Also, the Planning Board advised they are not requiring any amendment to the 1963 map of Paradise Point. No further steps need be taken with this Planning Board regarding the buildability of this lot. Accordingly, on the first variance requested, I believe this lot is a single and separate lot and a buildable lot pursuant to the Town action taken in 1981. This parcel is recognized by the Planning Board as a buildable lot today without requiring any additional map filings in the Suffolk County Clerk's Office. Page /7 - Hearing 't .anscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals Also, on the fourthvariance, Basin Road abuts this property and the subject premises, and it gives access to the subject premises. The applicant has no intention of extending Basin Road as they have legal access from Basin Road and as a C.O. from the Town states, they have access to the Road. Therefore, I believe that the fourth variance requested is unnecessary, and perhaps the Board will consider making a motion to withdraw that request. A review of the tax map of the area indicates that this parcel is almost twice as large as the majority of lots on Paradise Point. This lot was always intended to be a separate building lot. The area of the lot is 78,000 square feet which in substantial compliance with the 80,000 sq. ft. required in the R-80 zone, thus there is conformity to the area. As to the subject of two uses on the subject premises, the lot currently has an easement running with the land in favor of Paradise Point Associates, Inc. This is utilized for parking and access to approximately 13 boats slips in the boat basin. I must emphasize that this is a private association. It is not open to the public. The boat basin itself is a separate tax parcel known as District 1000 Section 81 Block 1 Lot 16.8. And it consists of 84,000 sq. ft. Thus, the total square footage of the two parcels, tax lot 16.7 and 16.8 is 162,000 sq. ft. , which is in excess of the 160 sq. ft. that the town feels is required for two uses on one premises. The only reason an easement is necessary to access the Boat Basin and the Boat Basin in entirely underwater. Thus, for obvious reasons, for Page Hearing '1.anscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals parking of cars to get to the boat slips, there must be an easement on Lot 16.7 which is the subject parcel. It must be stressed again that the Association is private. This is a minimal use. We're talking about approximately 13 boat slips. It's not open to the public and it's a seasonal use. The boat basin has been used and docks present at the boat basin since the late 1950s. Tax lot 16.7 has been used to gain access to the boat basin since the mid-1960s, and so it was in existence when the Planning Board issued their decree that this was a buildable lot in 1981. The parking was also in existence at that time and it was in existence when the Building Department issued their C.O. on this lot. The third variance requested by the applicant tonight is for a 51-ft. setback from the existing bulkhead. This variance is based on practical difficulty with the land. The subject parcel as the Board can see from the survey is an irregularly shaped parcel. In addition to being an irregularly shaped parcel, the topography map shows that this parcel varies greatly in elevations. The bulkheading of this parcel is on its north side and part of its westerly side. The parcel is surrounded by water on three sides. The location of the house 51 feet from the existing bulkhead places the rear of the residence at the septic systems 100 feet from the wetlands are on the southerly and easterly portion of the premises, that portion which is not bulkheaded. This 100 ft. setback is required by the D.E.C. In addition, the house has been proposed on one of the higher elevations of the property, and this would be advantageous in Page /9 - Hearing '1 anscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals preventing any flooding of the proposed structure. At this time, I would ask that the Board accept Mr. Fred Wood who is a licensed real estate appraiser to testify as an expert on this application. CHAIRMAN: Good evening, Mr. Weber. How are you? MR. FRED WEBER: My name is Frederick Weber. I'm a licensed real estate appraiser having appraised real property in Suffolk County for the past 22 years. I have appeared before your Board previously. I believe the most recent was about three years and there was a change obviously in the Board Members since that time. CHAIRMAN: We're getting better looking. MR. WEBER: Yes, I would grant that. The fairer sex is also present here at this Board. Ms. Aderesto had described the property and the topography, and the fact that the parcel is surrounding by water quite adequately so I won't be going into that in any great detail. But I would like to describe the area with regard to the zoning, lot width, lot size, and things of that sort. As you can see from the Suffolk County Tax Map which you have in front of you the subject property is significantly larger than any of the adjoining and surrounding properties by a factor of two in many cases. There are obviously larger parcels elsewhere within this community larger than the subject property, but in the immediate area this is one of the larger parcels, and as you have heard, it does have an area of 78,000 sq. ft. So the variance that's being requested is nominal. Two-thousand square foot variance, or actually 2-1/2 percent with regard to your ordinances. Page 40 - Hearing 1 ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals The adjoining parcels have varying style residences on them. We have a mixture of residences, and I do have some photographs to leave with you that vary from single-family - I should say one-story residences, we have two-story, contemporary style residences, two-story colonials, and various configurations or branches. These dwellings as I see them vary in nature, I would guess from the oldest probably being somewhere about 25 to 30 years old. The newest being, having been constructed very recently. So we have an area that homogeneous with regard to its variations. There are varying styles of residences. Varying ages of residences. And varying sized size. So the subject property being a newer residence on a larger lot would fit in with the general scheme of things in the Paradise Point subdivision. It's my opinion therefore that based on the conformity that I've explained to you this evening that there would be no adverse effect on the character of the area should the variance be granted for the 2,000 sq. ft. relief in lot area. I further my opinion that there will be no physical change in the neighborhood, by the granting of this requested variance. It's further my opinion that there will be no adverse effect on the surrounding properties, immediately adjoining, or any of the surrounding parcels with regard to the reduction in value of those properties or with regard to the use and enjoyment of any of those parcels. It's my opinion that the residence will be constructed at this site will not detract from the neighborhood. In fact its location and lot size enhance the overall Page• / - Hearing 'l.anscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals value of this location. my opinion is there will be no change and will have sufficient utilities and services available. With regard to the relief for the setback on the bulkhead. Your ordinances require 75 feet. What's proposed is 51 feet, and as indicated by Mrs. Aneresto, the topography of the site varies considerably from obviously the sea level along the shore lines, the three shore lines, to as great as, I believe, it's 16 feet. The residence is sited in such a way that it takes advantage of the high ground for several reasons: for view, also for minimizing the environmental impact on the site. You can see if we located the residence in other spots within the site, it would require more clearing and greater grade, which would have even a greater effect on the environment. Based on the survey that you have in front of you of the adjoining properties, I believe that's owned by the Curcuru's and based on what I could observe in the field by walking the property and estimating - guestimating the setbacks of at least the adjoining residence to the east, that appears to be less than 75 feet. By my estimate which is crude, I would say it's between 55 and 60 ft. setback. I would further venture an opinion that that is probably true of other residences constructed in Paradise Point probably under prior zoning ordinances. It's my opinion in regard to the requested relief for setback that this again would not change the character of the area if this variance should be granted, and it would not have any adverse effect on the adjoining properties, nor would it physically change the character of the neighborhood. Page Hearing . ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals It's my opinion further that there would be no adverse effect on the use of the enjoyment of the surrounding properties should this variance be granted. That would conclude my testimony, Mr. Chairman. I'm going to leave the Board with some photographs of the properties that were mentioned in the immediate area, and I would be happy to answer any questions that the Board may have. CHAIRMAN: I have one request from you, and we'll see if there are any questions first (from the audience) . You're welcome to give me the pictures. Thank you. MR. WEBER: Thank you. CHAIRMAN: Does anybody have any questions of this real estate agent, broker? MEMBER VILLA: I have one question that I could ask. You're talking about value here and this Board, of course, when we entertain a variance we try to give a minimum amount of variance granted. I'm looking at the proposed hoose which is 76 feet wide and 76 feet deep, and it seems to be an excessive size building for the -. Isn't there a way that that could be reduced and get a greater setback from the bulkhead? MR. WEBER: That's always possible, a physical change in size, however, I would like to answer that in this way. The property as you see is a very strategically placed parcel. It has waterviewof the basin, it has actually three water frontages, and it has a spectacular view of the Southold Bay. The parcel itself as you know has a very large - has a great value. Based on market activity and Page - Hearing . ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals sales in this location, it's probably somewhere between 400 and 500,000 dollars for the value of this parcel, as a buildable site. With that sort of land investment, we're interested in trying to relate to the structure that would be built on this parcel to the value of the parcel, so that would of course be a larger home. And I think it's a matter of preference in this case, but obviously a smaller home could be placed on this site, but I think that would be an undervaluation of the parcel based upon the great value of the site. There is no - in my opinion - there is no direct damage created to any of the surrounding properties by the size of the residence since the site is fairly well wooded. Both on the side facing the boat basin and on the east side of the property, so the size of the house would not be visible even to the neighbors, and even by the configuration, it would only be visible from the bay side itself. It would not be visible from the other-- MEMBER VILLA: Yes, but the setbacks are basically determined to try and protect our water quality. We're not worrying about the neighboring parcels as much as we worry about our waters out here. MR. WEBER: Yes, and I understand that. And I'm assuming, Mr. Villa, that the Suffolk County Water Authority - excuse me, Suffolk County Health Department would be assuring that the quality of the water would not be ( ) . MEMBER VILLA: Well, they're taking care of the sanitary but the larger the house, generally the more activity is involved and everything that goes along with it. You're going to have, you know, a very expensive house. You're going to probably have very Page e734 - Hearing . ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals expensive landscaping, which means probably more cultivation, everything that goes along with it. That's also true but we have a single-family residence here. It does not contain any apartments or anything of that sort. MEMBER VILLA: I realize that. MR. WEBER: And if memory serves me right, I believe that are four bedrooms - excuse me, three bedrooms. Three bedrooms. So that in and of itself would limit the number of occupants in the house. But I understand the grounds would be greater because of the size of it. MEMBER VILLA: I just look at the size of the house as being rather large. SECRETARY TO CHAIRMAN: Do you know the square footage of the house? CHAIRMAN: Looking at it now, it's about 5,000 square feet (with decks, etc. ) . MR. WEBER: It was pointed out to me that the association requires a minimum square foot home of 2,400 square feet. The area of this particular residence is 3200 square feet. So it is in excess. But it's not significantly larger than 2400 square feet which is already here with the garage. MEMBER DINIZIO: Well, certainly 2400 sq. ft. is better than 3200. MEMBER WEBER: It's definitely smaller than 3200. Again, I go back to - previously, this, being a very large lot, 1.79 acres which is significantly larger than any of the parcels in the area, and if you've been, and I'm sure you've visited or are familiar with this site, there are some very large homes located in this community on Page Hearing .mnscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals very small - I shouldn't say very small, smaller lots than this particular parcel. In some regards, as small as half of the size. And I would venture while I did not attempt to measure the size of those residences, they are fairly large homes in there. Which I am sure, at least approach the 3,000 square foot size of this - this is a one-story residence, it makes it look larger. MEMBER DINIZIO: I would just like to comment, you know, and carry one Bob's comments that, you know, the laws that we have currently - the up-zoning that we have was created for just that - to limit the needs for variances, and you know to make people build houses that comply and on larger lots - to save our water in all honesty. And, you know, to me this in my opinion of this whole thing from 1963, it appears to me that the intent of that lot was more for the community. And I further say that having a basin on there that's for the community, just convinces me more than the intent when this whole development was serious, that this piece of property would be for the community. I believe it even indicates it on one of the older maps. Let me just finish my comment first, and then you can go on. Also, the June 6th letter from the Planning Board seems to be unclear as to whether, and maybe you can comment on this, this second paragraph as to whether this is an actual lot or not, or whether there's a mistake made issuing this set-off, sort to speak. MRS. ADERESTO: The second paragraph of that letter? MEMBER DINIZIO: The first and second paragraphs. MRS. ADERESTO: Starting with accordingly? Page - Hearing . ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals MEMBER DINIZIO: Yes. MRS. ADERESTO: It just says there is no filed map with the County Clerk bearing Health Department approval. In 1981 when the set-off was approved, the Planning Board did not require that the applicant obtain Health Department approval prior to granting approval, and therefore cannot require it retroactively in 1995. The Planning Board does not plan to take any further steps in regard to the (coughing into microphone) . . .as it is no longer within its jurisdiction. I think from reading the entire letter it is very clear that they feel no further steps need to be taken and then I had another copy of a memo that was sent to the Board of Appeals to the Planning Board with a notation by Melissa on the bottom: "As per Dick Ward no additional steps are being required by the Planning Board regarding this lot." BOARD SECRETARY: Yes, we have that. MRS. ANERESTO: So I feel that the Planning Board, and there's also an additional letter of the Planning Board that I think the Board has in their file. From May, that also deals with the issue of the buildability of this lot and their own action that they took in 1981. CHAIRMAN: I just have some questions of this attorney after you answer his question. Then I want to go back to Mr. Wood after that, and then we'll - MRS. ANERESTO: Certainly, whoever you would like. We're both here. Page, -.,17 - Hearing x ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals Regarding this lot being utilized by the association and for the association use and not a buildable lot, the association did not even have a legal easement until 1989. That's when the easement - and I have a copy of that here from Fidelity National Title, recorded in the County Clerk's. That's when the easement was given. BOARD SECRETARY: But they owned it (Paradise Point Association) at some period in time, right? MRS. ANERESTO: There's a different entity - it was no the association. It was in a corporation that was just basically the owners that now own it, owned it in a different entity. The association as you know it now is Paradise Point Association never did own this, and don't now. They have an easement over it only. This is owned by - we have presented the deeds - four owners, and we're under contract to buy the entire parcel subject to the easement, and it was never intended, and I think by the 1981 coming to this (Town) and getting a C.O. as a buildable lot (sic) , shows the owner's intent to always keep this as a buildable lot. At that time, the use was already used for parking in 1965. MEMBER VILLA: It didn't come to this Board. MRS. ANERESTO: To the Planning Board. MEMBER VILLA: How do you address the fact that Article VI of the Sanitary Code, County Center goes into effect in 1980 and said, "No lot shall be subdivided without health department approval"? MRS. ADERESTO: We have already applied for health department approval on this lot. They have accepted our application, and we will go to the Board of Review on this because of the salt-water Page dS - Hearing ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals problem in the area. They had not asked us for a subdivision. They recognized this as a separate lot, and we do have an application already filed. MEMBER TORTORA: In your contract of sale, Item #27, it says "purchaser understands and agrees that the ground water available at the premises does not and cannot meet the standards as established and administered by the Suffolk County Department of Health Services for domestic use." MRS. ADERESTO: That's correct. We knew when we signed this contract - my client knew that they would have to put a reverse-osmosis system in because this whole point has had to go through this and the various houses have had to go through this, and we have done numerous tests to see if we could find any available water, but it is - it's salt water there. So we have to install a reverse-osmosis system to get fresh water, and we have to go to the Suffolk County Health Department Board of Review for approval of that system. MEMBER TORTORA: And you referred to this property being a CO I believe in 1981? MRS. ADERESTO: Yes. MEMBER TORTORA: And as Bob Villa said the Article VI went in in 1980? MRS. ADERESTO: Yes. But we have applied to the Health Department for this structure and they have accepted our application and accepted this as a separate lot. And they have not asked us to subdivide. Page, „C9 - Hearing ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals MEMBER TORTORA: I'd like to see the original covenants and restrictions that went with this parcel? And previously you had said that you implied that somehow the Planning Board's action in 1981 would preempt any other agreement or covenants and restrictions that went with this parcel. Are you saying that this parcel was not and never has been set aside as a park and playground area in the subdivision? MRS. ADERESTO: No, it has not to my knowledge. In 1989 we gave them an easement for parking. The boat basin is part of the Association. Yes. That's a separate tax lot, that's 84,000 square feet. MEMBER TORTORA: But this parcel has never been a reserved area at any time? MRS. ADERESTO: Not to my knowledge, but with us here tonight and he will speak is John Sinning who is one of the owners, and certainly he knows a lot more about the history of that point than I could ever hope to learn in these few months that I have been involved in this. And I'll defer to him on anything. I have the title report here. From Fidelity National Title. And a review of that shows the easement that spoke of in 1989, and we do have here the filed map in 1963 which you asked about, and there are covenants if you would like to see that. Would you like to see that? MEMBER TORTORA: Would you give us a copy of that for our records please? CHAIRMAN: Well, let her look at it now and then we'll get a copy. MRS. ADERESTO: If you like to, I can get another copy of that. Page g O - Hearing T ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals CHAIRMAN: Are you going to continue with this (to Member Villa) . Ok. I just want to finish with Mr. Wood (meaning Mr. Weber) , and then we'll go back with you, ok. Does anybody have any other questions of this real estate person? (None) Mr. Wood, I do remember you coming before us. You did a fine presentation tonight. I have only one request from you. Could you just supply us with your resume or your background? It doesn't have to be tonight. Just drop it -- MR. WEBER: I have it with me. CHAIRMAN: Oh, that's great. I appreciate that. MR. WEBER: I was in the process of answering the question. CHAIRMAN: Yes, surely. Let's finish that. MR. WEBER: We were talking about coverage and the size of the residence, and I wanted to point out that on your survey, your survey that was presented to you this evening, the coverage considering both the home and the pool is 7%, approximately seven percent of the lot area. CHAIRMAN: Are you saying "seven" percent? MR. WEBER: Yes, seven percent. While your ordinance, and I'm referring to the R-40 Zoning in the zoning manual indicates a permitted coverage although we're not asking for, coverage of this extent, permits coverage of 20 percent. So the actual coverage of this particular case is actually one-third, approximately, of what is permitted in R-80. Now, we realize the sensitivity of the location but we would ask that Board to consider this is a very special location as well for, providing a residence on this property which Page .39 - Hearing .ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals will give it justice, but I do understand the Board's concern about the size of the dwelling and the potential impact on the environment. Well we are submitting that it is less - MEMBER VILLA: Well we grant that but there's nothing to say that would be a 4500 sq. ft. house that you can't go three stories high, or go in height rather than closer to the bay. Right? MR. WEBER: That's right. The applicant is asking. One-story, it's not two stories. CHAIRMAN: Ok, thank you, Mr. Weber. And you'll supply us with that. Thank you. Let's go back to Miss or Mrs -- MRS. ADERESTO: Miss. CHAIRMAN: Does anybody have any questions of the attorney? MEMBER DINIZIO: Yes. In the Planning Board letter and all throughout this whole file, this lot entitled, "clubhouse" it says in the first paragraph of the Planning Board letter, they did go back to even one of the original maps, there a lot there entitled, "clubhouse". MRS. ADERESTO: Yes, I can - do you want me to point it out to you? MEMBER DINIZIO: No, you don't have to because it's the lot we're talking about, I'm assuming. MRS. ADERESTO: No, it's not. That's the lot on the point. I think that'll clear things up for you too. It's over here. That's the point. MEMBER DINIZIO: Ok. MRS. ADERESTO: That's a triangular shaped lot. Page jig - Hearing ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals MEMBER DINIZIO: Just a second. (to Board Secretary: Why did the PB address that? BOARD SECRETARY TO MEMBER DINIZIO: Because this was their minor subdivision, these four lots. MEMBER DINIZIO: Ok. Ok, thank you. MRS. ADERESTO: You're welcome. CHAIRMAN: Ok. Any questions from you, Bob at this point? Do you want me to continue? MEMBER VILLA: I'm following Jim's line of thinking, I know where he's coming from, I think. And the 1 .7 acre lot that they're talking about in the first one was unnumbered. The question is why did they leave it unnumbered in that time. They left it unnumbered at that time because it wasn't a building lot. MRS. ADERESTO: It was described property. That's why. It wasn't part of the map, not because they -- and Mr. Sinning is here who can tell you also from his own knowledge and they're the owners and they now what they did and how they proceeded with it, but the way it was explained to me was it was just not part of the filed map. It was never intended for public use. It was intended to be later developed. MEMBER VILLA: But it was all part of the original parcel though, right? MRS. ADERESTO: Yes. BOARD SECRETARY: And also part of the marina? CHAIRMAN: Can I just have you come up here for one second? Bob, would you come over. Page 33 - Hearing .ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals CHAIRMAN: This is a copy of the old Tax Map from the old fiche card in Suffolk County. MRS. ADERESTO: Yes. CHAIRMAN: Now, the most recent date on this map, I'm going to show it to my board members in a second, is 1985, all right. It shows the basin and this lot as one piece as 5.7 acres, and then subsequent to that, all right, we have what we have now today which is a lot which was created over in this area here, ok, and then the tax map reappeared where the number one is, and we now have what is before us today. Let me just show it to them. So, what you're saying to us in 1981 which existed - based upon the letters from the Planning Board and so on and so forth, is correct. That they recognized something there. But something subsequent to 1981 and in the area of present day is different based upon this map because we're talking about a lot that's 78,000 sq. ft. - less than two acres, ok. We were showing 5.7 acres here. But what you are telling me is that these people that owned this property owned the 5.7 acres at that time, in this corporation name? MRS. ADERESTO: Yes. What the Planning Board doesn't refer to when you read one of their letters - let me read the exact letter to you. They identify the subject parcel as the lot they gave the C.O. on, and let me get that letter out because I think it's very important. (Pause) Ok. This is the May 9th memo from the Planning Board, and they do identify this particular lot as the subject of that C.O. , and they - and it says, on "June 1, 1981 the Planning Board approved the map dated May 11, 1981 for Paradise Page .3Y74 - Hearing .ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals Point Corporation. The approval set-off a 2-3/4 acre lot entitled, 'Clubhouse' and a 1 .7 acre unnumbered lot on Southold Bay directly to the east of Inlet Basin. The 1.7-acre lot is now known as Suffolk County Tax Map Map No. 1000-81-1-16.7. The Planning Board records do not show that the map or set-off was endorsed or recorded in the Suffolk County Clerk's Office. . . . " MEMBER VILLA: That's the point really. CHAIRMAN: That's the point we're bringing up. MEMBER VILLA: People can do anything by deed, but if it's not done legally it has no validity as far as the Town goes. MRS. ADERESTO: Well what happened was before they did it by deed they came to the Planning Board in 1981 . And they established this lot, a 1 .7-acre lot as a buildable lot. They didn't just "do" it. BOARD SECRETARY: But it's a marina, correct? MEMBER VILLA: That's not what's on the County Tax Map of 1985. MRS. ADERESTO: No, it's not the marina. The 1.7-acre lot is our subject premises. BOARD SECRETARY: There's a parking lot there, and the dockage, right? And that's all part of this 1985 lot. This is what they're saying. It's all one piece. Yes? MRS. ADERESTO: This 1.7-acre lot existed in 1981. MEMBER VILLA: Only by deed. MRS. ADERESTO: It existed by Planning Board also. They approved the set-off. Page J, - Hearing ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals BOARD SECRETARY: We have a problem with your single and separate search because it's say that. It doesn't show the conveyances from 1981 on the search. There's something missing on here. MRS. ADERESTO: You want to know where it came from in 1981? BOARD SECRETARY: No, we need to have a search that shows all the conveyances since 1981. MEMBER VILLA: You see, the Planning Board can do a lot of things in writing, but if it's not followed through, and it's not filed with the proper agencies, in effect it has not happened. MRS. ADERESTO: Well, what Planning said was they didn't require it to be filed. That they cannot retroactively require it because it because in 1981 they did not require itto be filed with the Health Department or in the County Clerk's Office, and that they don't require it now because they can't do that retroactively. That's how-- MEMBER VILLA: But the County Clerk and the County Health are the legal entities that have bearing on this. MRS. ADERESTO: I have a single and separate search here that shows Paradise Point Corporation conveyed to J. Lane Curry 37% interest, Gilman Hollenbeck 32%. Gary Sinning 290. And John Chute 2%. That deed was dated October 29, 1981 recorded October 29, 1981 for the subject premises. Did you want to know who it came from prior to that? We have that here in the single and separate. BOARD SECRETARY: They don't show who the owners of 16.4 were in 1985. MRS. ADERESTO: 16.7? Page -?/a - Hearing . ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals BOARD SECRETARY: No. 16.4. 16.7 was part of 16.4. If volt want to come back and look at this map again we -- CHAIRMAN: We can give you a copy of it. BOARD SECRETARY: Yes. MRS. ADERESTO: Well the reason the single and separate search does not show that is they don't show it as adjoining. They just show it Basin Road, Southold Bay, if you show me where it is-- CHAIRMAN: It emanated out of 16.4. BOARD SECRETARY: It has emanated out a parcel and it's not showing the parcel that it has come from. Take a look (referring to copy of partial search in file received when application was filed) . MRS. ADERESTO: I just need to know where 16.4 is. That's 16.8. BOARD SECRETARY: No. MRS. ADERESTO: In here. Ma'am. 16.4, that's the Basin and the top piece that you're talking about. It's all one parcel of land and it's not showing up on your search. CHAIRMAN: You see, the question is, how was 16.8 created which is the piece that's landward of the basin. And that would then tell us how 16.4 was created. MRS. ADERESTO: Well, how it was created, I believe, is in 1989 there's in my title report, you'll see, there's a deed wherein these four owners for the corporation of Paradise Inc. deeded over into the Association the roadways and an easement, and the boat basin, and that's how it was recreated as a separate tax lot. BOARD SECRETARY: Can you have that corrected to show the 16.4? MRS. ADERESTO: Well the tax map that I have shows it at 16.8. Page. 3'J - Hearing ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals BOARD SECRETARY: Your talking about today. We're talking about 1985. CHAIRMAN: 16.8 is the separate lot down here. MRS. ADERESTO: The single and separate can't show a lot that doesn't exist anymore. CHAIRMAN: 16.8 still exists. CHAIRMAN: It's still there, the 16.8. MRS. ADERESTO: Yes, but she was requesting 16.4. 16.4 is now 16.8 and 16.7. BOARD SECRETARY: No, it isn't. It's now 16.7 and 16.10. CHAIRMAN: 16.7 and 16.10. It's all three of those. MRS. ADERESTO: Oh, you're talking about the lot on the other side. MEMBER DINIZIO: The basin. CHAIRMAN: Yes. MRS. ADERESTO: The underwater land, I think, is 16.18. CHAIRMAN: 16.10. The lot west of it is 16.18. MRS. ADERESTO: (Pause) Yes. It is 16.10. BOARD SECRETARY: It's not showing up on the search. MRS. ADERESTO: I have it here as variance south and west 16.10 on the single and separate search. BOARD SECRETARY: That's not the one you have us. (Pause to check) . No, you didn't give us that one. MRS. ADERESTO: Do you want a copy of this? CHAIRMAN: Yes. BOARD SECRETARY: We were wondering why it wasn't -- Page 3.8 - Hearing . ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals CHAIRMAN: I apologize for all the people who are waiting for the last hearing, but we will have to take a short recess here for a couple of minutes. MEMBER DINIZIO: Why don't we make a copy of that because I would like to look that over and -- BOARD SECRETARY: Yes, this is a different search than what was given to us. CHAIRMAN: We'll take a break. Four or five minutes and we'll be right back to everybody. I need a motion gentlemen and lady. MEMBER DINIZIO moved to take a short break for five minutes, seconded by Chairman Goehringer, and duly carried. 8:55 p.m. 9:00 p.m. Hearing reconvened on motion by Chairman Goehringer, seconded by Member Dinizio, and duly carried. CHAIRMAN: Is there anything else you have to add to the record? MRS. ADERESTO: No, unless the Board has any further questions. CHAIRMAN: We are still disseminating information. And that's the problem that we have. We might have to reconvene this, I'm not really sure. MRS. ADERESTO: We also have, we have some people who want to speak in favor of this, one of the owners that may help you with a great deal of the information you need. CHAIRMAN: Ok, thank you. Ok, for those persons who would like to speak in favor? Page. T% - Hearing .ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals PETER COOPER (Attorney) : My name is Peter Cooper. I live in the area and I'm a member of the association, member of the board, and I represent the association and I am here to support the application for a variance. The Board of Association had a meeting on the 29th of May and voted to support the application. The interest of the Association we feel are accommodated by the presence of the easement and we feel that the development of the point would be consistent for the purposes of the association. We have no interest in any further ownership or activity on the lot itself, and so we would like to see it developed. CHAIRMAN: Let me just ask a question. You are a member of the association? MR. COOPER: Right. CHAIRMAN: And the easement that exists over this piece of property will be a continuous easement, but are you actually saying that none of the property owners have an interest in gaining access to the basin? MR. COOPER: No, no. We have - the association has an easement on the property along the perimeter of the Basin, on out to the channel to the point. And that's for the general purposes of the association. CHAIRMAN: Ok. MR. COOPER: And we make use of that easement at the moment to get access to the dock that leads out into the Basin where the floats are and for the boats. Page /� - Hearing .ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals CHAIRMAN: And as long as that easement is held in perpetuity, everything else is ok. MR. COOPER: Right. We have -- our interests are totally accommodated as far as we are concerned. CHAIRMAN: Thank you, sir. Oh, wait. We have a question. MEMBER VILLA: Are you allowed to drive over that easement all the way or just walk it, or what? MR. COOPER: Right now there's an extension of the road. The association owns the road which -- and the road extends on into the lot, and we can drive down there and the shoulder of the road, or we park, we get on down the path onto the dock into the basin. And since we do have the easement, the new owner of the lot wouldn't be able to affect that. We would continue to use the easement. MEMBER VILLA: You have the right - the right to the easement allows you to drive and everything else over it or just access through it? MR. COOPER: No, drive if you wish. MEMBER VILLA: Ok. And park? BOARD SECRETARY: Is there a parking lot in the easement, or is there a parking lot elsewhere? MR. COOPER: Well there's no parking lot in the sense that there's a parking lot behind this building. BOARD SECRETARY: Parking area. MR. COOPER: The shoulder is wide in that area and cars could park there. There's also a dirt road that goes down and around - shoots Page, Hearing .ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals around by where the well is, and we can parking our cars down there then. We've only got a dozen boats. And so it's really only on heavy duty weekends like the 4th of July that you'll see more than two or three cars down there. BOARD SECRETARY: Would they parking along the water where the easement is? MR. COOPER: No. Down along the road as you see on the map at the end of the lot. CHAIRMAN: Thank you, sir. Who else would like to speak? ED CURCURU: This is not "for." CHAIRMAN: That's fine. Be careful of the wire there, sir. MR. CURCURU: Yes, I see it. Good evening, Mr. Chairman, the Board. My name is Ed Curcuru and I apologize for not having a prepared memo, but I came from Florida in the summertime and they can have Florida in the summertime as far as I'm concerned. To make a long story short I have been a resident of Paradise Point since 1966. I've been the Treasurer, Secretary and Vice-President, and last year did not take the Presidency because of illness. That's beside the point. I think I have history as much as anyone has. I'm an adjacent neighbor - hopefully to Mr. Miller. I met him. He's a fine gentleman. I have seen the house. It is a big house. It's a very one. One-story. I have no objections at 51 feet. I've already talked with John Sinning about that and with one of the members. ( ) As far as the map itself, I have a concern, I have not had a clear answer from anyone about the jetty that we own at Page Hearing .ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals the end of that easement. We will not be able to drive around the basin totally. We can only drive up to as far as where the boats are. The rest will be some kind of an access path for walking. So it will not be as we have now, a clear cut path right to the jetty for vehicles, which is a concern for some of us. The concern I have is that jetty. I understood from some (asociation) board members, and I was not at the meeting because I was in Florida, that that square footage of that jetty was calculated in the total square footage of what they call Lot 1 . I presume that Paradise Point owns that. I know the Bay is owned by the Town. But we put the stay, we put all the stuff in way back in 1972 roughly. We paid $16,000 for it. We funded bonds which were paid by the Association, so presumption is that we own it. I've heard that basically speaking that a title company were to make a mistake and include that, and the map shows it, as possibly one piece of land to the ( ) plus this would be incorrect. So that's one thing I think we need to do some research one. And I think we need research - I have not had a chance to talk to an attorney about it. Because I just talked to Peter this morning and it's first chance I really had to get at it. CHAIRMAN: I have not the most current map but I have the 1985 map from the Suffolk County Real Property Tax Service. It does not show the spit. MR. CURCURU: It does not show the spit. CHAIRMAN: Does not show the spit. Page, Hearing Transcript Regular Meeting of June 7, 1995 Southold Town Board of Appeals MR. CURCURU: But the one that you have, I believe, that was given to us by the attorney for the seller. It does show one complete area here of the jetty and, my only objection is I don't want that jetty going to the ownership of the new owner. Now some can say basically, well, that's not happening - that's not so. But I heard from two sources on the (association) board yesterday, it was calculated. So I ask that further research be done on that particular issue. I don't know the answer and I'd like to have time to get an attorney to study that, to present it to the association at our meeting on July 4, 1995. I think we have to talk about this. There are other issues, I think, that we see maybe differently than the attorney for the buyer. And therefore I'm asking you to postponement it until we get things clarified. There are other people, I think, that would like to speak. CHAIRMAN: Thank you, sir. We will certainly take it under advisement. RICK ALBERI: My name is RickAlberi. I live on Paradise Point and our concern is, to park facilities there for the boat basin on the easement right now only permits about four or five cars, and we feel it should be a lot more. We also - they're only about a dozen boat slips and they're at least 24 members or thereabouts in the membership. And we feel that eventually many more people will want boat slips and we'll have to provide for those. So we need more parking facilities and we would like to delay the decision on the variance until these questions are settled. CHAIRMAN: Sure. Thank you, sir. Page !f - Hearing . ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals HELEN ALBERI: I'm Helen Alberi and I reside at 4345 Paradise Point Road, of course I'm on the Paradise Point myself. I have been an owner of my property for the past 30 years. We have used the Basin Road which goes down to our Boat Basin and the turnaround I have myself for approximately 30 years. The turnaround is being cut off, and as a result we have no access plan to turn around in the future. Even the light pole has been taken down. We must have the ability to use the boat basin and to be able to turn our cars around, sir, and we must have a postponement of this variance in order to look into the further - into it further with the Association Members. CHAIRMAN: Can I ask you, Mrs. Alberi, will you be getting counsel to do so - someone to represent you? MRS. ALBERI: I think we're going to have to. I think the Association might have to, yes. CHAIRMAN: I would appreciate it if when you come-- I appreciate your here and mentioning it, but you're raising issues that are issues that are countermount to the case and therefore it's important that you be represented by someone. MEMBER DINIZIO: Can I ask a question, Jerry? CHAIRMAN: To whom? MEMBER DINIZIO: I don't know who to ask this question. I guess I can ask you. Are you Mr. Sinning? JOHN SINNING: My name is John Sinning. Pages - Hearing .ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals MEMBER DINIZIO: Can I just ask you a question before you even - the lady just commented about the easement. I'm assuming that the association met and agreed to this easement, is that - and someone signed this agreement? MR. SINNING: The association Board of Directors and their informal attorney has reviewed the easement. They feel that it more than adequately serves the members of the association. MEMBER DINIZIO: Has it been signed? Is it the actual easement now? MR. SINNING: The easement has been in place since 1985. MEMBER DINIZIO: 1989. MR. SINNING: 1989, I'm sorry. MEMBER DINIZIO: And it is an easement voted on by constituted body of associat-- MR. SINNING: Right in the deed. MEMBER DINIZIO: Ok. MR. SINNING: Peter Cooper is the one that reviewed it. Several other people have reviewed it and they feel the deeds are in order. BOARD SECRETARY: Are there minutes of the meeting, to show the PETER COOPER: I'm not sure what the question is. The easement itself is contained in a deed in 1989 which you have a copy of and it was filed in the County Clerk, and that's now a matter of record. The association has accepted the easement, I guess, as the transferee, but there's no meeting that I'm aware of on the easement Page - Hearing _ ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals itself. The meeting that was held was the Board of Directors back last Fall and in October, excuse me, November and another meeting that we had on May 29th where we took a position on the variance - first we took a position in October of whether we were in favor of having the point developed, the lot development, and again we took it on the 29th of May on the actual variance. I have minutes of the meeting of May 29th if it would be of any help. MEMBER DINIZIO: I just wanted to know if I needed to invest time to find out if we have a legal easement here. I just wanted someone to state to me that the easement is legal. MR. COOPER: I have a copy here - MEMBER DINIZIO: That's ok. No, no. If it's in the paper, I'll find it. I just wanted someone to answer that question for me. MRS. ADERESTO: It's with the title report I gave you. MR. COOPER: I might point out that the reason that was done by easement rather than deed back in 1989 was we couldn't afford to reduce the square footage of that lot. The owners of the lot continue to pay taxes on the entire thing so it's pretty clear that they weren't intending to give away the lot. It would make no sense. CHAIRMAN: Ok. JOHN SINNING: As I said my name is John Sinning, and I've lived on Paradise Point since 1949. I built the first docks that went in there when I was 18 years old. I have a pretty good idea of the Page �4 7 - Hearing .ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals history of the place. I served in various positions on the Paradise Point Association including service as President for, I believe, 10 years. I am here to hopefully answer any questions that anybody may have. I should come in with a prepared speech. I didn't realize it was going to be this complicated. CHAIRMAN: I think we're a little overwhelmed, Mr. Sinning, I think at this point, and we'd like to understand all the data that's here. So I'm not taking anything away from you in not asking you a question at this point. When we reconvene, I'm sure we'll have many questions, and you know, some - maybe you can answer, some someone else can answer, so. Why don't we reserve you for that particular time. MR. SINNING: I also have the facts that I got today from the other adjoining neighbor of the Boat Basin, the Maynards, and I only have one copy of it, but you can read it. CHAIRMAN: Thank you. Appreciate it. MR. SINNING: I also, if I may, point out that I own a very small share of that lot. MRS. . Mr. Maynard is leaving. He had home up for sale 1 just want you to know that sir. CHAIRMAN: Did you want to ask a question of Mr. Sinning? MEMBER TORTORA: I just wanted to know if you know the answer to this gentleman's question if the jetty was calculated in the total? MR. SINNING: As far as I know, it was. Yes. MEMBER TORTORA: It was. MR. SINNING: Yes. Page Hearing _ranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals CHAIRMAN: We thank you very much, sir. MR. SINNING: Ok. If there is anything else I can help you with-- CHAIRMAN: Would you like to wrap it up, Mrs. Aderesto? Thank you, Mr. Sinning. We're going to recess and take the information in, and we will reconvene and that's it at this point. If we have any specific questions that we need of you, we'll fax it to you by letter rather than send it through the mail, and we'll-- MRS. ADERESTO: Do you have any idea when your next meeting - would it beyond the next meeting? CHAIRMAN: Oh definitely. If we have a meeting before that, we'll attempt to put you on that one. Ok? MRS. ADERESTO: Mr. Miller has been in this process (buying a home) for a long time. Renting houses out here is a little costly. Thank you. CHAIRMAN: Hearing no further comment, I'll make a motion recessing this until the next regularly scheduled meeting. BOARD SECRETARY: Would you add the date of July 12th? CHAIRMAN: That meeting is July 12, 1995 and for any reason if we attempt to have a meeting prior to July 12th, and we can put you on we would certainly put you on. Thank you very much for your courtesy everyone. MEMBER VILLA: Seconded. The meeting was recessed for a continuation on July 12, 1995. Vote of the Board: Ayes: All. APPEALS BOARD MEMBERS gpFFO(,� Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Lydia A.Tortora H P.O. Box 1179 George Horning Southold,New York 11971-0959 Ruth D. Oliva d p!� ZBA Fax(631) 765-9064 Vincent Orlando �Ql �� Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD TRANSMITTAL SHEET TO: Town Trustees' Office Attn: Charlotte FROM: ZBA Office DATE: July 26, 2002 SUBJECT: Paradise Point Boat Basin/81-1-16.7, p/o 16, p/o17 ZBA File No. 4314 —Miller and others Attached are copies requested by your department concerning the above ZBA determination. If you wish to review the entire file, please let us know. Thank you. Encls. A RECEIVED D MAY 17 1995 TOWN OF SOUT1ftk APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 43 AZ DATE .. 1.1.. s WJ4,r;p T�r,,1H�tEa CMNG BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. trv� tl PoWe) Barbara & JarTes Miller of Box 610 Name of Appellant Street and Number Calverton •..............HEREBY APPEAL TO ......................................................... :. Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED .........3-29-95 ............................. WHEREBY THE BUILDING INSPECTOR DENIED TO Barbara & Jarms.Miller. C/O Christine.. -Nicholl Ltd. , Agent ..............._..-_.. Name of Applicant for permit of 405 co- .......... County Rd. Br okhaven fW ..... y.. ........................ .4.. ......I................... ...... . .......... . . ................ ........ Street and Number Municipality State (X ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ....580 Basin Rd: Southold, R-80-Residential Street /Hamlet / Use District on Zoning Map District 1000 Section 81 Block 1 Lotl6.7 .._-......-.___......._.-...._....._.�......_..-_._.......-.._.-Current Owner See Below* Mop No. U6h56�-ed Prior Owner Paradise Point Coro. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III & Section 100-30A; 100-281A-7' ; 100-239.4B XXIII 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 230A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has; (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated .............................,........................................ REASON FOR APPEAL *Onmers: Chancy Curry, Gilman Hallenbeck, ( ) A Variance to Section 230A Subsection 3 Garry Sinning, & Paradise of (X) A Variance to the Zoning Ordinance Southold, Inc. is requested for the reason that applicant •vishes to build a single family dwel I ing.wi th decks & pool as a second use, at less than 7�' from the existing bulkhead. Applicant requests arending Filed rrap for Paradise Pt. Sec. 1 regarding use of this parcel as a building lot , as lot is 1 .7 acres in R-80 zone (80,000 sq. ft. per use) Form ZD1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the property is surrounded by water on three sides and is only partially bulkheaded. It is irregular in shape and has grading variations . This lot was always intended to be a separate building lot for a 1 family dwelling and the square footage substantially carplies to the A-80 zoning requlrErmnts. 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because the hardship created here is unique in that there is an easaTent on this property for parking for the Paradise Point F-loreowners [Association. [Although this easement utilizes less than 25% of the parcel , the zoning ordinance requires 80,000 sq. ft . for this parking use. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the subject parcel substantially cgrplies •,Ith the zoning ordinance and conforms to the surrounding properties . The construction of a single faTily dwelling on this site would not adversly affect the surrounding area or property values. STATE OF NEW YORK ss ..... ...... .9.......................... ......... COUNTY OF ) Si nature �; worn to this ............" .. ............... .. ... day of........�.. ............................... 19 'L J I I ry C V Notary Public DENISE M.LUCAS Notary Public.State of Now York No.4938508 QuallIfied in Suffoik County 8ammission Expires August 1, 1 60AfD OF HEALTH . . . . . . . . FORM NO. 1 3 SETS OF PLANS . . . . . . . . TOWN OFSOUTHOLD " SURVEY . . . . . . . . . . . . . . . . . BUILDING DEPARTMENT CIICCK . . . . . . _ . . . . . . . . . . . SEPTIC PORI . . . . . . . . . . . . . SOUTh.....j. Iv.Y. 11971 TEL.: 705-1802 ND711 r7 y CALL . . . . . . . . . . . . . . . . . . Examined . . . . . . . . .. 19 1 MA I L TO : . . . . . . . . . . . . . . . . . . 4pproved . . . . . . . . . . 19 . . . Permit No. . . . . . . . . . . . disapproved a/c � ,� /C..'S • •`',�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Building Inspector) APPLICATION FOR BUILDING PERMIT Date . . . . :�.L . . . . . ., 19 (` INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 is of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- tion. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit all be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy all have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the ilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or gulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. e applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to nit authorized inspectors on premises and in building for necessary Wpections. .` . .. . . . . . . . . (Signature of applicant, or name, if a corporation) OSS �irZ 'f'`y (Mailing address of applicant) /may //7/f ite whether applicant is owner, lessee, agent, architect, engineer, general contractor, electfician, plumber or builder. . . . . . . . . . . . . . . . . . . . . f� �, lJ . .�GU✓�( � . R . . . . . . . . . . . . . me of owner of premises �/�} l ti`.. . F. 5.0 U 71+0! Q. . ^1 . . . . . . . . . . . . . . . . . . . . . . . . . . . (as on the tax roll or latest deed) pplica t corporati Ignature of duly a horized officer. me and title of corporate officer) Builder's License No. . . . . . . . . . . . . . . . . . . . . . . . . . Plumber's License No. . . . . . . . . . . . . . . . . . . . . . . . . Electrician's License No. Other Trade's License No. . . . . . . . . . . . . . . . . . . . . . Locationof land on which proposed work will be don/e/. . (. �Nu� 4!A�� t . r` .•. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:45!�t,/. . .I...&P. . . . . . . . . . . .SOL/T:S�A_L. .D. . . . ... . . . . . . . . . . . . . .. Mouse Number Street Hamlet / :otin[y Tax Map No. 1000 Section . . . : .6.1. . . . . . . . . Block . . ./. • . . . . . . . . . : . . . Lot . . . l 4.7 . . . . . . . . subdivision . .—. 1.. . . . .. . . ..... . . . . . . . . . . . . . . . . . . . . Tiled Map No. . . . . . . . . . . . . . . Lot . . . . . . . . . . . . . . . (Name) , tate existing use and occupancy of premises and intended use and occupancy of proposed construction: Existing use and occupancy /fil. . `JI,NLk -Q . .!y/Z �7si� '. . . . .1;9. . . . • • • . . • • • Intended use and occupancy ..fie �G�`,�J'17/ . 0Lfi(��l/�. AJ� � �. •� (. • . . . . w 3. Nature o[work (check which applicable): New Building . . . . . . . . . .. Addition . . . . . . . . . . :Vteration . . . : . . Repair . . . . . . . . . . . . . . Removal . . . . . , . . . . . . . . Demolition . . . . . . . . . . . . . . Other Work . . . . . . . ... :2scriptio 4. Estimated Cost . . . . . . . . . . . . . . . . . . . . . . f - . . . . . . . . . . . . . . . . (to b:. paid on filing this anriication) 5. _If dwelling, number of dwelling units . . . . . . . : . . . . . . N'umb.r cf d.v -iiinp units on each floor . . . . . . . . . . . . If garage, number of cars . . . . . . . . . . . . . . . . . . . . 6. If business, commercial or mixed occupancy, specify nature and extent of cath type of use . .N. 7. Dimensions of existing structures, if any: Front . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . Depth . . . . . . . . . . . . Height . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dimensions of same structure with alterations or additions: Front Rear . . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . . . . . . . . Height . . . . . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . _-8. Dimensions of entire new construction: Front . . %Cz . . . . . . Rear . . . 7 . . Depth . � . . . . . . . . Height . . . . . . . . . . . . . . . Number of Stones . . . . . .� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Size of for Front �7 Rear . . . . . . . . . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . . . . 10. Date of Purchase . . . . . . . . . . . . . . . Name 'Former Owner . . . . . . . . . . . . . . . . . . . . . . . . 11. Zone or use district in which premises are situated . . . . ..4e".;7�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Does proposed constru tion violate. any zoning law, ordinance or regulation' %'13 i Will lot be regraded �L 5r . ' . . . . . . .d . . . . . . . . . . . Will ext ss fill be re ovcd fro( premises: 1'e> - 4. Name of Owner of premises �06f.<>Aq AQAddressNe!X/_ �OUYlf�(.f Phone No. . . . . . . . . . . . . Name of Architect . . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . Phone No. . . . . . . . . . . . . Name of Contractor .611V)...2MV.A4. . . . . . . . ... . . . . Address . . . . . . . . . . . . . . . Phone No. . . . . . . . . . . . . 15. Is this property within 300 feet of a tidal wetland? *yes. . . .LY. • No. . . . . . . . . *If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposgd, and indicate all set-back dimensions fr property lines. Give street and block number or description according to deed, and show street names and indicate whet. .nrerioor c mer lot. f �1 I _( f 1 TATE OF NEW YO.t G S.S 0UNTY/�F �Llt� . . . . . . . . . � ..� . . . . . . . . . . . . . . . . . . bemo duly sworn, deposes and say's thashe is the ipplican (Name of individual signing contract) )Ove named. y /� is the . . . . . . . . . . . STG/`6T ./.v�. . t? / r: �5. .�. vl/�T /n i. . .' • (� 1 . . . . . . . . . . . . . . . . (Contractor, agent, corporate officer, etc.) said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this plication; that all statements contained in this application are true to the best of his knowledge and belief;and that the ,rk will be performed in the manner set forth in the application filed therewith. •om to before me this . . . . . . . .' . . ` . . . . . .'. . .day of. . . . . . . .. 1995 tary Public. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . County /. DENISE M.LUCAS Notary Public,938506NewYork Nfeign,•••__ 11��ullifnrl in Cuffmk county w^, APPEALS BOARD MEM13ERSf. $V�� FFO(� • GA49e,a� Southold Town Hall Gerard P. Goehringer, Chairman =� r* q 53095 Main Road Lydia A.Tortora H x P.O. Box 1179 George Horning 5i Southold, New York 11971-0959 Ruth D. Oliva y �� ZBA Fax (631) 765-9064 Vincent Orlando ��l y Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOL'THOLL- TRANSMITTAL SHEET TO: Town Trustees' Office Attn: Charlotte FROM: ZBA Office DATE: July 26, 2002 SUBJECT: Paradise Point Boat Basin/8I-1-16.7, p/o 16, p/o17 ZBA File No. 4314 — Miller and others Attached are copies requested by your department concerning the above 'ZBA determination. If you wish to review the entire file, please let us know. Thank you. Encls. 1z F16), rj ail io C4 10 tkl 1b -7ki......1. It IA ,4 orsr A"XI _LF It 31 zi 16 pm, IJU q .-0 • �SUFF0t1r � • ELIZABETH A. NEVILLE `2�� OG Town Hall, 53095 Main Road TOWN CLERK c 'y` P.O. Box 1179 w x Southold, New York 11971 REGISTRAR OF VITAL STATISTICS • Fax (516) 765-1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER y�� a0� Telephone(516) 765-1800 FREEDOM OF INFORMATION OFFICER 1 ' :r OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer) . One copy will be returned to you in response to your request, or as an interim response. SECTION TO: (Department or Officer, if known, that has the information you are requesting. ) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information. ) Signature of Applicant: Printed Name: Address: //JJ Mailing ress if different from above) : 4-6L Telephone Number: 7Date: ------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------ [ ] APPROVED [ ] APPROVED WITH DELAY* [ ] DENIED* RECEIVED p�T a 2002 Elizabeth A. Neville "hate Freedom of Information Officer Southold Town Clerk * If delayed or denied see reverse side for explanation. ELIZABETH A. NEVILLE �h`l� Gy A Town Hall, 53095 Main Road TOWN CLERK p < C. P.O. Box 1179 ti - Southold, New York 11971 REGISTRAR OF VITAL STATISTICS 0' Fax (516) 765-1823 MARRIAGE OFFICER y RECORDS MANAGEMENT OFFICER a�,��` Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER lam" OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer) . One copy will be returned to you in response to your request, or as an interim response. ------------------------------------------------------------------------------------ SECTION I. TO: � QUSTL� /` S (pep rtment or Officer, if known, that has the information you are requesting. ) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information. ) AL(— UP TO )fa-TI ac�C0120-5 Q Al (YI 4 R j` Sc lam/ ��n . S 0 ✓r� 04 ��� ✓I�y . /l � Signature of Applicant: Printed Name: [-/y !Q Oti /. Address: dO 0 ex c-! / /`�[T�i fI/ G 1- „lf/S [ /9, a Mailing Address (if different from above) : Telephone Number:-7 6, - 5 � 1 7 Date: f O/7 ------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------ I I APPROVED [ ] APPROVED .WITH DELAY* [ ) DENIED* RECEIVED t; a 2� Elizal5eth A. Neville to 7 1102 Freedom of Information Officer Southold Town Clorll * If delayed or denied see reverse side for explanation. ELIZABETH A. NEVILLE y. Town Hall, 53095 Main Road i, y� , TOWN CLERK d r� " P O. Box 1179 0 ,V COT � Southold, New York 11971 REGISTRAR OF VITAL STATISTICS • , Fax (..516) 765-1823 MARRIAGE OFFICER 0 Telephone (516) 765-1800 RECORDS bL4NAGEMENT OFFICER y�Ql FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer) . One copy will be returned to you in response to your request, or as an interim response. -------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------- SECTION I . �. TO: I O a )).n (Department Officer, if known, that has the information you are requesting.) RECORD YOU WISH TO INSPECT: (Describe the record sought.- If possible, supply date, file title tax map number, and any other pertinent information. ) Signature of Applicant: Pr&ted Name: E Address Mailing Address (if different from above) :2 � s I coo Telephone Number:,,h51' a— 60`,Date: [ 1 APPROVED RECEIVED [ ] APPROVED WITH DELAY* [ l DENIED* DEC 3 0 ElIz6beth A. Neville Date Freedom of Information Officer Southold Town Clerk * If delayed or denied see reverse side for explanation. Hydrographic - N � - �—«— Topoorap is W+ E Map ?II ORAPHIG SGALE I"= 50' SGTtt 1000-5I-I-1il Gutchogue, New York I �;I41 S Tide Ran e: 2.5'+/- Datum: N&VD'2G 16,00 { 33Ws1�! 117JI'_� 111I""SN :S it Southold Bay Proposed 4' x 4 I n, - e I 1 r_ _ - steps to beoch r I - I \ ''. / with 4' wide path 1 IIIJ n- I i,. •, � 1 '9nPlace" opprox. 500 IF of exi5kmg timber bulkhead. I'ri it r r I Timber Piles,51rs, lay logs, L_._ , y1 series GIngqEO sheathing I Plmt disturbed areas behind new Ixrlkhead with Ct pe AnI lcm -, BeOLh Circe! 18"OL. l , t Land of Zl ✓e �b ey'.I _ Ixt4te I �w 4 O ln5tolL$2 Qeq Wigt4rn/ ns ' op sE0I ti4,eRe�grte4 �r an: belOW oq fqr tt/ ue ole" A/tom av/th rn[g;�r"( oehA� \�o , er05j� Sq a . Detail (top view� o r -- ok K 3 c t roc. -� c :>c. 3 ♦ 1 to tle 7-"� - bra°� tO e \ l ,pees oc ♦� -' \ - mb -tTLnTTrrrii r-rrrnTr r�,a�-rn ri-ri n n n ` ( \ '. - � a �/e /SL/rr stnnae' v. z aeao men /' 30 +: Approx. 500 feet of existing j \\ y timber 5hppeothingq/bulppkhead 3c 3� -'° 38 ,�a, oey- .6 ^��bc," o tovbe G-Lo c Sh' n Fiore 6 0�.. ex\e<\�5�tr�3�y Ci zo go.Q.110").0, t0`Oe m {.6OGK Ayo "Low Sill" Bulkhead Cro55 Section Flan[ N on cen[er = soar[na aI[ermflara Cr000 Section at Dock + I '� �/i ar roe ran?e r-,T,l .� �•sc aeor to of _ 1 j;-. aPra.aPFPaadng Scale I" - 20 of mor, cenln�bvlkneaa Proposed Fixed Dock (4'(4' x 25') oa bFn. 35 at:a.e graaz Boat Basin ilia. cG� pile5 Ramp (3' x Ill dead risen Float (6' x 20') "G-LOG" I - - - Sheothing l - <-11 demen=.ionol lumber. I 52 feet of new i � � ---- 1 " ION 5111 bulkhead _ M^rti timber ar,d pilzs are GGA - - - - - - - - - - - -- - MSL using G-Loo 5heathing ( --- --- --------- ------------------- ----------- l treated r+ccd or plastic ♦ All hardware aPl•;anlzed 11 LImIL of Elevatior5 Tidal as lr 5 tlang5 a5 ur♦e Ea Ne delineated I June �Od OH R FOX J III Go-O� Full bulkhead Cro55 Section limp of excavatiCIO on -. 2cOFn Boat Basin Q dead rnen •`Z, 1'- 1' �O 5heathin, approx. 500 Feet of existing �' �,Mer,ceD 01 31-02 azen°oto BY .gin demen5larol lumber. 14' timber sheothino�/bulkhead / rrns vLar wAs DEVELOFEo SEA LEVEL timber Ord piles are GG.: to be replace in place" r=Ror,+ suR�:ers cF 06-29-02 treated weoa or olcaebc. - u5ing G-Loc Sheathing MAPPING All hordwore aalvonIzeo I � 6FA5T MAIN AD NYrREE ROEFRT r. F[%X, NYS Lira 50191 pryONE 516.-121-;151 9,2,2062 x.121 -1 .wP�I�m�mer.�s�,.,�..Fo_P� Sheet I Of 11 ti j ,,: Jb - 37,: TC` Name of Applicant : MARY S. ZUPA Address : 4565 PARADISE POINT ROAD, SOUTHOLD Phone Number: 631-765-6112 Suffolk County Tax Map Number : 1000 -81-1-16.7 Property Location : 580 BASIN ROAD, SOUTHOLD AGENT : CATHERINE MESIANO, INC. 12 MILL POND LANE J EAST MORICHES, NY 11940 ° \ PHONE/FAX: (631) 878-8951 /1� Board of Trustees Application GENERAL DATA Land Area (in square feet) : 75,687.36 sq. ft. (1.738 acres) Area Zoning: R-80 Previous use of property: VACANT RESIDENTIAL LOT Intended use of property: CONSTRUCTION OF SINGLE FAMILY RESIDENCE. Prior permits/approvals for site improvements : Agency Date X No prior permits/approvals for site improvements . Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: F Project Description: i 1. CONSTRUCTION OF A 60' X 100'(IRREG.) SINGLE FAMILYIIJWELLING, PORCH AND PATIO, ON-SITE SEWAGE DISPOSAL SYSTEM , FREE-FORM, IN-GROUND (GUNITE) POOL (APPROX.16' X 32') AND PERVIOU DRIVEWAY 2. IN-PLACE REPLACEMENT OF APPROX. &' BULKHEAD (SEE ATTACHED SPECIFICATIONS) INSTALL APPROX. J5' NEW BULKHEAD FOR EROSION CONTROL 4) INSTALL 4' WIDE STEPS FROM-BULKHEAD'T08EACH (APPROX. 3.5') INSTALL 137' LOW PROFILE TIMBER RETAINING WALL . INSTALL 3 TERRACED STONE RETAINING WALLS (APPROX. 220 X 2') UPLAND FOR - EROSION CONTROL INSTALL APPROX. 4' X 25' WOOD DOCK, 3' X 6' WOOD RAMP AND 6' X 20' WOOD FLOAT AND TWO 8" WOOD PILES fj., RE-VEGETATE APPROX. 640 SQ. FT. ARD OF NEW LOW PROFILE WALL WITH SPARTINA 18" O.C. (PER CORNELL RECOMMENDATION) 9RE-VEGETATE SECTIONS OF BUFFER AREA PER ATTACHED PLAN 1 EMOVE EXISTING ASPHALT DRIVEWAY Job SOer_irx:alior� Remove existing bufknead ave coratrucl 'yew nulxnA.c Hong 3-aw stringers Top and bottom stringers are joined together.Xtn a :)sl c xv ant m:r^ +.�[^+-aa':•z r-.,;.pie WIS 107(16'piles 6'on tatter C-LAC series Mth t4' len.11 �\ YxS"top clamp 1'k14'to rods+Ath a7:4"plata w34narc � rU Rouse existing face piles as backer piers lay.cgs Pi Pilar ary hcltsd:nrtxryh:epi and bOORn stnn}e;5 K � Piles meted with 1.0 CCA Tog;and rrJddUe stringer lrtsatsr.Ni:n i 5 CC:, a, Bottom stringer treated with 201b crsosote 7 CCA cap 3hasitlYng severed vAth 3r6'lag bolts q harQAW*not dip galvanized --- Job Specifications Reprove axlsdng bulkhead lotalu'.g 12 Ilnlar rest no cMlstr,rc[leve tx.lkhead totding 32 feel Hang 3-a'x8'stingers TOP and boacm stringers aro)Olrgd[Cgalr Qr vAtr L a' 1.dX VcCk On_`tax wrtr a-;y:'r 12"�naCrme bn'Ia 10'piles 6'on center GLOC series 4000 37x'lop clamp Reuselsxl' xi rods Reuse ewng feta piss as bxker velar [�5 � h A'law 1x35 Rtes b ad with 1.0 CCA OP arra miWv Stringer treated 4nth 2.5 C::A Bodom stringer treated Nath 201b creosote 2'CCA cap Sheathing secured with 3r8'lag bolts Al h1 ire ha dip gaivanrsad job qoezhjcadjQn& Commnt Umbar wlx.'lead aeon;toe or Da-A low irl;137,,-iear far. Hang 1.6'x6"stringer Stringers are land together NAth a a Dcd olock fro fasten wttr A 2;a.r 12' ,ulcn re tions 8'x10pies e'a1 center 2'x10•x8'tongue and groove sheathing Wx8'tierods 1C E'.TCl. 1✓Ll 8'x7'hacker piles 1 3"x6"top clarrlp Install filter doth Piles treated with 1.0 CCA 3neam.ng anc stringers ti-sated with 2 5 CC-' ail 4Al11wa:e l[:i dip ga;WWvt[': Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations : CONSTRUCTION OF SINGLE FAMILY DWELLING REPLACEMENT OF EXISTING BULKHEAD INSTALLATION OF NEW BULKHEAD,DOCK AND STAIRS TO BEACH Area of wetlands on lot : APPROX. 5000 square feet Percent coverage of lot : 9% Closest distance between nearest existing structure and upland edge of wetlands : NIA feet Closest distance between nearest proposed structure and upland edge of wetlands : 75 feet Does the project involve excavation or filling? No R Yes If yes, how much material will be excavated? cubic yards How much material will be filled? cubic yards Depth of which material will be removed or deposited: APPROX. 8' feet Proposed slope throughout the area of operations : AS PRESENTLY EXISTS 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) : NO SIGNIFICANT NEGATIVE IMPACT TO THE WETLANDS AND TIDAL WATERS OF THE TOWN IS ANTICIPATED AS A RESULT OF THE PROPOSED OPERATIONS. APPROPRIATE EROSION CONTROL MEASURES WILL BE IMPLEMENTED; STAKED HAYBALES WILL BE PLACED SEAWARD OF THE PROPOSED CONSTRUCTION AREA, DRYWELLS WILL BE INSTALLED TO CONTAIN ROOF RUN-OFF AND POOL BACKWASH. A 50' BUFFER WILL BE MAINTAINED LANDWARD OF THE BULKHEAD / WETLANDS. THE PROPOSED BULKHEAD WILL SERVE TO ELIMINATE THE ON-GOING EROSION AND RESULTING SHOALING OF THE BASIN AND CANAL. RE-VEGETATION WILL PROTECT THE SHORELINE AND PROVIDE VALUABLE MARINE HABITAT. PLANTINGS WITHIN THE BUFFER AREA WILL FURTHER PROTECT THE SITE FROM ONGOING EROSION. NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: MARY S. ZUPA SCTM# 1000 —81-1-16.7 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: CONSTRUCT A 60' X 100'(IRREG.) SINGLE FAMILY DWELLING, PORCH AND PATIO, ON- SITE SEWAGE DISPOSAL SYSTEM , FREE-FORM, IN-GROUND (GUNITE) POOL (APPROX.16' X 32') AND PERVIOUS DRIVEWAY; IN-PLACE REPLACEMENT OF APPROX. 520' BULKHEAD; INSTALL APPROX. 95' NEW BULKHEAD , 4' WIDE STEPS FROM BULKHEAD TO BEACH (APPROX. 3.5'), 137' LOW PROFILE TIMBER RETAINING WALL, 3 TERRACED STONE RETAINING WALLS (APPROX. 220 X 2') UPLAND FOR EROSION CONTROL, APPROX. 4' X 25' WOOD DOCK, TX 6' WOOD RAMP AND 6' X 20' WOOD FLOAT AND ONE 8" WOOD PILE, RE-VEGETATE APPROX. 640 SQ. FT. SEAWARD OF NEW LOW PROFILE WALL WITH SPARTINA @ 18" O.C., RE-VEGETATE SECTIONS OF BUFFER AREA, REMOVE EXISTING ASPHALT DRIVEWAY. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 580 BASIN ROAD, SOUTHOLD 3. That the project which is subject to Environmental Review under Chapters 32, 37,or 97 of the Town Code is open to public comment on July 24, 2002. You may contact the Trustees Office at 765- 1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNER: Mary S. Zupa 4565 Paradise Point Road Southold, NY 11971 - OWNER'S AGENT: Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 631-878-8951 Enc.: Copy of sketch or plan showing proposal for your convenience. Mary Zupa 45v-5 Paradise Point Road Southold, NY 11971 Re: 580 Basin Road SCTM # 1000-1.81.16.7 STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: _—_ . Mary Zuoa being duly sworn, deposes and says: I reside at 4565 Paradise Point Road. Southold, NY 11971 In the County of Suffolk and the State of New York And I am the (owner in fee) of the premises described in the foregoing application and that I have authorized CATHERINE MESIANO, INC. to make the foregoing application as described herein. Sworn before me this 7 _ day o 2002_ Notary Public ��Nwsl YMR �w�om savas2 n' M ing"County Cemmbsisn Eon Sept.13, NJD T APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part; of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Mary Zupa NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official man Other(If"Other."name the activity) X Wetlands Permit Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES,"complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent or child is(check all that apply): A) the owner of greater than 5%of the shams of the corporate stock of the applicant(when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity(when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this :3 day of 2002 i n Print name -WAaWZuw FROM :C hESIQNO INC. FQX NO. '631-878-6951 il. 02 2002 08:53PM PF b. � Bc d of Trustees Application 1p County of Suffolk State of New York ���fJ4A"' BEING DULY SWORN D POS AND AF THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY HE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S) , IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S) , TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. ure SWORN TO BEFORE ME THIS DAY OF4t� Lj Z Yrl � Notary Public LYNDA M.BOHN NOTARY PUBLIC,State of New York No.01806020932 Oualified in Suffolk Cou Term Expires March 8,20(�j 7 PROJECT IG NUMBER 617 20 • SEOR APPENCIA C STATE ENJIRONMENTAL QUALITY REVIEV, SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION ( To De completed oy A pllcanl or Project Sponsor) 1 APPLICANT I SPONSOR 2 PROJECT NAME MARY ZUPA 580 BASIN ROAD 3 PROJECT LOCATION SOUTHOLD SUFFOLK Municipality Coumy 4 PRECISE LOCATION: Street Adoess and Road Intersections. Prominent lanomarks etc -or oromde mac, 580 BASIN ROAD, SOUTHOLD WESTERLY TERMINUS OF BASIN ROAD. PARADISE POINT ABUTTING SOUTHOLD BAY. CANAL AND BASIN 5 IS PROPOSED ACTION a New ❑Expansion a Mod,ficaoon alteration 6 DESCRIBE PROJECT BRIEFLY - CONSTRUCT A GO'X 10(Y(IRREG.)SINGLE FAMILY DWELLING, PORCH AND PATIO, ONSITE SEWAGE DISPOSAL SYSTEM . FREE-FORM, IN-GROUND (GUNITE) POOL (APPROX.16' X 32') AND PERVIOUS DRIVEWAY: IN-PLACE REPLACEMENT OF APPROX 520 BULKHEAD: INSTALL APPROX 95 NEW BULKHEAD . 4'WIDE STEPS FROM BULKHEAD TO BEACH (APPROX. 3.5'). 137- LOW PROFILE TIMBER RETAINING WALL, 3 TERRACED STONE RETAINING WALLS(APPROX. 220 X Z)UPLAND FOR EROSION CONTROL, APPROX 4'X 25'WOOD DOCK,3'X 6'WOOD RAMP AND 6'X 20'WOOD FLOAT AND ONE B- WOOD PILE, RE-VEGETATE APPROX 640 SO. FT. SEAWARD OF NEW LOW PROFILE WALL WITH SPARTINA @ 18- D.C., RE-VEGETATE SECTIONS OFBUFFER AREA, REMOVE EXISTING ASPHALT DRIVEWAY 7 AMOUNT OF LAND AFFECTED Initially 1.7 acres Ultimately 1.7 acres 8 WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? RlYes 11 No if no oescnpe Dnefiy - 9 WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (�^C-h—oose as many as apply.) Wt/ Residential 7Industnal ❑Commeraal ❑Agr,cultore 1 1Park Forest Open Space ❑Omer (oese"Del 10 DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING NOV, OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY IFeoeral Stateor Local) Wel Yes F-1 No 1f yes Ilsl agency name and permit appro+al SOUTHOLD TRUSTEES , N ySOCC, 5CHI 50UT}I& LA 3LI)C, Dco7-- 11 DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY ✓ALIO PERMIT OR APPROVAL ❑Yes F*/1No II yes list agency name anc permit ap Droval EUI 1 AS A R ULT OF PROPOSED ACTION WILL EXISTING PERMIT APPROVAL REQUIRE MODIFICATION? as No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant Spggsor Name CATHERI E MESIANQ, INC.. AGENT FOR MARY ZUPA Date Sg nature If the action Is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment Job snecirx;abons Remove existing bulknead "I SWSIR41 -yew. �ulkne2C Hong 3-6w stdngere Top and bottom stringers are joined togetret wt-,a 4' b-t c sex an" tea^ nn^ 4---14 '2 r-:.c.��'IQ 001i_ 10x16'piles e'on canter C-LCC series 9000 14'in le 'i 3'x6'top clamp �\ L i•. _ _ 1X14'qp rods'Mln 4x4"pieta wislars Reuse existing face piles as backer pigs B, 5 lay 091 Piles am belted:nrtwyn:cep and boaorn stnrw)e�s V Toesd wth 1.0 CCA Top andnd rrdMddle ainrlger tr9atEo4.wi;n 2.5 CC, Bottom stringer treated with 201b weosote 7 CCA oap 3nWhing secured with US'lag bons Aarownn ha dap 90 anlzed -- -- _--- . ,lab Soec&Aone ReMOWS"Sling bulkhead totaling +2 linear feet MO conztrucr rqw tx.lkhead txeling 32 mea-Iset Hwy 3-Wxe"st,vi vefS Top and bottom stringers are joinod togwner v4[r :4 b.S VCCK 2n_.':Ay with 4-3/i"x 12"�nacr•,,.e t,o'!a 10'piles 8'on center C-LOC swan 4500 ax lop clamp ef " rode . Reuss ex]xtabng face saes as biker roles R'IrW kM RuGa Plestreatad with 1.0 CCA op anc midtia stringer treated unto 2.5 CCA Bottom stringer treated wtn 20(b creosote 2'CCA cap SheatNng secured with 3r8'Leg bolts Alt hardware hot dip galvanized job Seecificalic, Cor%V=umbar twlk.'leaa alone toe of balk loac.in{;131i��ear tee' Hang 1.6'x8"stringer 8tnrlger5 are lone0 together Klin a 4' ot;tt oloCk aMa faster.wish ♦ 14 ,12 nacmne hors 8'x10'piles 8'd1 center 2'x 10'x8'tongue and groove sheathing (� l 1 %.'x8'tie rods K e.TCLl ✓Ll rk-� UD Ck-. l 8"x7'backer pies 3"x6'top clamp ,nstatl fitter doth Piles treated with 1.0 CCA 3raermng anc stringers;treated with 2 5 CC-' 411 nWCIr a net dip galrarirx'! Zw v OP A PROPERTY TEST HOLE DATA SITUATED AT (TEST HOLE DUG BY M DONA 0 GEOSOENCE ON MAY 1, 2002) B 11 Y` TIE G`1 V 11J yW TOWN OF SOUTHOLD W1E BIKMN i1NE L.N° SG BBPwII BIL= ANO 54W15l NL SUFFOLK COUNTY, NEW YORK S 89'2308^ E S.C. TAX No. 1000-81 -01 - 16.7 21.63' 10'' SCALE 1 "=30' z o JANUARY 7, 2002 ^; JANUARY 29, 2002 REVISED LOT AREA NOTATION v wEmv IN avow++ cur a T Cl FEBRUARY 14, 2002 REVISED DRIVEWAY LABELS ro -� J MAY 15, 2002 LOCATED WETLANDS & ADDED TOPOGRAPHICAL SURVEY m JUNE 1 . 2002 ADDED SITE PLAN m mF'�p LOT AREA INCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 75,687.36 sq. ft. o THE LOT PROJECTING INTO SO � UTHOLD BAY (TO BULKHEADS & TIE LINES) 1 .738 ac. s 8 q � 8 LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF - 72,747.53 sq. fi. Vo'N m THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES) 7 .670 ac. 0 i3 C� er'A0 e- b �11Chea� � ex/ 5F1 9 \ ti o n V 22.0540.. SOUTHOLD BA (TOWN HARBOR) e f ' E _ N 82.07'29 S 86'42'04" W I s y '441..,," ON 63.92' -� 1.32 — — ` �W'C U 7 1 z. 1 • WETLAND BO THE FACE OF°BU KHEL-: 4.02 waOO auO1HEAD z I o i k^'"e+o 1 N 88'54'02 E --1- - ea, Ia _ �— o _ \ a - — i9 •6'Li Woo° nE . OIV I .]i ,9e- - BWIMFAL _ - - - -- =yr, WELL A •En/_y/ _ _ _ _ _ _ _ _ _ _ �"� _ _ _ _ _ _ _ _ _ 9 BULKHEAD _ _ O.V'E V / _ _ _ _ - - - - - - - - L - — — IT"jam 14ul 15,0 Om PIPE WELL I ( / _—_ _ 8 04 S 'PJB S''J -I6 q% B.. :• fi q V u 1• 1 I 1 94 60 � � �I I �.e' o I R� he.'•ue T,wWe�PG.�vsIE � o \4S w � S v. " - i1Vc• EE•c 1e e o• _ - - - - - _ _ _ 1 :141 : =Esnn + a lIw � � '— T ,� 9 A �, - - - -O.wr 0, - - _ `` _E°uTND ../ , X 24.24' (u O l., _ yJ n"rceD"E>kvD ¢ ;.z•� ` Fv'h`-wn- ,1=6 ^ _ d )6 10" E �,W B(UNc ZT -klte er s w •- - . -•E iS . 4eq• kx'w J Qi -�apZ 4 tEyQ°�Rr c1BVEr. - _ __ �\ a, " a I L 4jFR1 VI Z \ WPPIhcW/ ��o\ ,,, ,^ La•n OV,Q 'I ' � O7' O oD f .moi I � mro o $ "law Wc. 1 I/� �i� l W A z z - n" "E'O�BBc� \ �\ _ - - /\ (� N c e. J N �, FLc IQ *.¢ I _ 5 UK j ibtt' I 1111f r U A lJl l L I I � _ _ �` IC oIIR OflNEWAv 8' V �� • I'lP kf 1, 11/ �L.1.✓• J •t C = V 1111E -_CON h PP 1k O� N \ ' QDO PEcn..,`¢. UOQ„ i i 00 r • nc z ,114hq6 PUB�,� f rn Ce 7S \ _ nEg nE_ _ _i, M LJA C�l� wlrFn Ix� Fn CO Z >� N'di FE1O Nc ,\✓moi. .5>3 �ci4"� - - mP or - `°'w 0+7 . ,•] N /yam OA -,'.A& Ne- 11o°LriEwwr1�1°"4c EnnEm 3 49226X53 b• mS0.1 w 3 °' zooxsG t .tcwruwP;wc � f vip p07J5pp " N }U,tQ tir, f to S 69' = La L� N 25_ 9 � N A � �r g o • W: Q;2;,� c;e . BOAT q ' 2 o on l waY a V �O \^1 Alaae O\s K"°°ate"•,' _ JI�-�, rL N 5 wLya>r�c ���I�, `� NQTZS. 51 Uv �W 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM h / EXISTING ELEVATIONS ARE SHOWN THUS:U W(N EXISTING CONTOUR LINES ARE SHOWN THUS: - - - - --s- - - - - TS - TOP OF BIIWIEAO ee - WTO. OF Wt TEST HOLES DATA (TEST HOLE DUG BY McOONALO 0 INC ) TEST HOLE No 1 TEST HM No. 2 (TEST HOLE DUGON MAY ,f. T, 2002) (TEST HOLE DUG ON July 22, 2002) p' SURVEY OF PROPERTY EL e. MORRIS LpAAnsWosN O' SITUATED AT r BROWN BODY RAND sN PILE BROWN RISC 4WD SP �• EAYVIEW enowN MU SAND swm SILT JAL ¢. a.!• :;{1r!ot"1,. en TOWN cur m — _IB.Y' '� RNE.Ba«NHIMTOMEIUMSWD RIP TOWN OF SOUTHOLD 5 e21.63' E e SUFFOLK COUNTY, NEW YORK 21.63' EL u> I/ w MUSUM Een°wxn„E S.C. TAX No. 1000-81 -01 - 16.7 ip Np]IUN SV1p SP _ N 1T O LA O wARIS IN BROWN CLAY CL A CH SCALE 1 "=30' LA _ FT. ` �.�_.rm -N -s- JANUARY 7, 2002 °0- m .� `' _� �.,h JANUARY 29, 2002 REVISED LOT AREA NOTATION N;I FEBRUARY 14, 2002 REVISED DRIVEWAY LABELS m IMAY 15, 2002 LOCATED WETLANDS & ADDED TOPOGRAPHICAL SURVEY F W2 m `"" AUG 15 JUNE 1, 2002 ADDED SITE PLAN AUGUST 5, 2002 REVISED WETLANDS LINE, SITE PLAN & ADDED TEST HOLE No. 2 IS 8I LOT AREA INCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF - 75,687.36 sq., ft. o CAW THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES) 1.738 ac, 5Iz "E LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF - 72,747.53 sq. ft. `" THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES) 1.670 ac. OF m � of �+ m z CERTIFIED TO CHICAGO TITLE INSURANCE COMPANY N MARY S. ZUPA p _ al W ' A S o w �.8. - 5 uo/ \�\ SOUTHOLD BAY - LR Nmy (TOWN HARBOR) S 86'42'04" W E i z RR 1 .32 g I y - - IE4,l,Ww4 N 82'07x29 7 " _ 12, 7�, WERAND BOUNDARY FOLLOWS ALONG 63.92` 9 I o f10 N 66.5402." E THE FACE OF BULKHEAD 134.02' -� `'y-� ` O / +' WOOD BULIMFID T B&! WOOD BULKHEAD T 89 Nap RE — — — — — — — — ,i> _l_ _-_- _- ull 0.9'E. i — ZONE All(E e) / a ZOIE f--e.i // ' I \ FOUND A TEST WELL OltI , c /� AA4l ���j/ > a / t� a a Peonos nDoa eelll{1\ o, as J 5 iT II .&� 4 D�GROOM FIDU 'p;tn itif ; ';G �n\ I 5F-I'i17CM5`7*[ I `�5.: S @fir _ V ^J m �' \ ES! NO N. Y S, � � Ae " - - - - - - - - - - - " \ O y °�+ 0°eD"`1M1'� H'o yy T� .'Wts. sE�a��EfffLLLnpEEEyyyAgy cIuqr \ is M/� X4'24? `h� D N X23, l ,\ 76 p,. fue�[tlpc \- \ Uq�] \ ' \ —r3- - ' �fi\ W ' 'F' r' zo7r WA ") N W N y 2 \\ \`AOYN _ _ — H/A1E/2\„ IW pp .� ql .�IRt sfT BWsa —__— — �AE —`l ._. � NON,°°NC m w LNc No nAo pe \ 6 1,, .��j - , iu� . „ __ S ui <r i'Y!L \. \ DIRT ORNEWAY IL a z .i�' `,\' 'PO \ \. 5g•30O0o \eC Or, — -h m v5FLAL,(Is 9s •\s e� J t,Qoi Y' — I YY'PpLf_ �yp,. i// ru On m Z — cl— S,y�Nr \ t \ C — Jkfn. °ed s� ° ne _ "00 h, 'LiSuM f`T IS I SK � ' !' Fac\ e O T N 'so'1 0 / /_ i BORON CAF gWN \ II'boO Nf 1 cvWAS 1` /V B e •fi3zj• S 4g?7 6" IM1' Av °b Wy° a°N v NJ A) ,5 "Y'h -= ,�' 9 y/�� ,1 0 Sp.7 � 3 zcna6G tv Dw cgi Ln 00 '6 3lL 1� C,. `Cv a1N 7.3S OG., N P N4"PTNC N 5 60.69 AO w? a h N BOAT BAo 'F1 � , kpq PR&PSTAND IN RACCORDANCE WITH SHE MINIMUM d �Y v O BY THE LI. FOR TRUE AS AS ESTABLISHED 0558 d Y BY THE L.I.USE BYN�,APpgpN ANO ADOPTED C FOR BUCK.USE BY �NEWTT K LAND RTLE OCNTION I r 1� NOT ES: N.Y.S. Llc No. 49668 x 1, ELEVATIONS ARE REFERENCED TO N 1929 DATUM 68; .G.V.D.a% EXISTING ELEVATIONS ARE SHOWN THUS:3.a Door EXISTING CONTOUR LINES ARE SHOWN THUS UNAUTHORIZED ALTERATION OR ADDITION To - mP or But.,mm Joseph A. Ingegno TO TION SURVEY IN A VI OF dB - -Mo. OF 9u H C SECTION 79OF THE NEW YORK SCALE LA EDUCATION LACY. 2. FLOOD ZONE INFORMATION TAKEN FROM: Land Surveyor COPIES of THIS SUR NAP NOT BEARING FLOOD INSURANCE RATE MAP No. 3 61 03001 67 G THE LAND SURVPIOR'B INKED SEAL OR ZONE AE. BASE FLOOD ELEVATIONS DETERMINED EMBOSSEDSEAL SHALL NOT BE CONSIDERED TOBE AVALID TRUE COPY. ZONE X' AREAS OF 500-YEAR FLOOD; AREAS OF 100-YEAR FLOOD WITH AVERAGE T° A CERRFICARONS INDICATED HEREON SHALL RUN DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN Ptle Surveys - SubdivIs/ons - Site Plans - Conetmetion Layout ONLY TO HE PERSON MR ws WHOBEHAM THE S E 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 100-YEAR FLOOD. IS TITLE COMPANY, GOVERNMENTAL AGENCY AND ZONE %: AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN. PHONE (631)727-2090 Fax (631)727-1727 LENDING THE wsslcrmi cs op THE LHEREON'ENDING wso- T000N. CERDFlCATIONS ARE NOT TRANSFERABLE. OFFlCES LOCATED AT MAILING ADDRESS 1350 ROANOKE AVENUE P,O. Box 1931 THE EXISTENCE OF RIGHTS OF WAY OVERHEAD, New York 11901 Riverhead, New York 11901-0965 ANO/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. zi—'si9B TEST HOLES DATA (TEST HOLE DUG BY NODONALD GEOSCIENCEJ TEST HOLE No. 1 TEST HOLE No. 2 (TEST HOLE DUG ON MAY 1, 2002) (TEST HOLE DUG ON JULY 22. 2002) SURVEY OF PROPERTY " "'' E 15 SITUATED AT OR. vivo SIM SRO" slLn WeSIM 'ILII-{� IIF : PALLF 9E(WR ONE FANO SIP A B AY V I E W ORDWN SOT SAND s UY SILT ML it's, FSHOWN O AY eL : PMUE BROWN FIRE TO VILI S•ND SP TOWN OF SOUTHOLD Lav' SUFFOLK COUNTY, NEW YORK S 89'23'08" E EL Dr „ 21 .63 RATER IN FILE ERawN .INB S.C. TAX No. 1000-81 -01 - 16.7 TO MFaluu sArvo m SCALE 1 "=30' Z dowATEA Iry e1. cur cL ¢ CH JANUARY 3, 2002 ^'. JANUARY 29, 2002 REVISED LOT AREA NOTATION N _ y FEBRUARY 14, 2002 REVISED DRIVEWAY LABELS o MAY 15, 2002 LOCATED WETLANDS & ADDED TOPOGRAPHICAL SURVEY Go .�' JUNE 1 , 2002 ADDED SITE PLAN Ro mAUGUST 5, 2002 REVISED WETLANDS LINE, SITE PLAN & ADDED TEST HOLE No. 2 AUGUST 26, 2002 ADDED PROPOSED SEPTIC SYSTEM a c`6�w o eD JANUARY 23, 2003 ADDED DRYWELLS IS, HAY BALES o'v LOT AREA INCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 75,687.36 sq. ft. g ^ o THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES) 1 .738 ac. o LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 72,747.53 sq. ft. mo THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES) 1 .670 ac. 6 n IJ-a o o a N CERTIFIED TO: z > z CHICAGO TITLE INSURANCE COMPANY MARY S. ZUPA O O� Nr Yo to A NLM W A � mm mS 72• 'e QGL SOUTHOLD BA Y SME / €o e ._sem \ (TOWN HARBOR) wHrEN N 82 07'29 5 86'142'04' W 63,92' 2 .3 .. E —�� N�a"a suiNN�o 12. 1,,' N 88'54'02" E BOUNDARY HECE of BULi`H�o� 134.02' ""Rfi T w°oG BULKHEAD a Go, A > / s. G BWV ' _ _ WOOD ilE m L+ WALL 9 oWEHEAp - _ /d ' 13 M --ISDO m - - _ _ _ __ EOMC AE TEL s) _ ZOIC _ - _ _ _ ±fi _ _ y A ZpE%' - �'_- -20FE ll' P Z\ PIPE -T,/ �- r-- I PIPE L m /FROPO6ED ROW OP STAKED HA ALOPS 177'- / 7- YR ,Zb i SILT RETENTION FENGIN6 I S { v� L rEST WELL GO i zl z �T Y z rn A i 11 Do 7b I o DRYMLL FOR POOL BACKAtASH - 6 SI ' z VIII \ uo - 5z m 1N a" aPOSED POOL ua ,I'I III '. 'O'ry a ED 20, P4 tS PROPOSED' a E B-, BFDPr"OM HOu . :, 1 GO II °R— P� L I. A GARAGE \Pc w o HOLEAl i N 6 `XEL S 5' ro 'n o Q4 w i ` — DRE Y :• 60' V O a F� \ °ON e'DIA X e'DEEP DRYWELL �' o W Q¢ 'L AP °p FOR ROOF RUNOFF , e'"PIA. X e'DE P DRYWELL N W Lr` IAc '00• - FOR ROOF-RU N FF -T Esr-HOLE N r. lj LA ,t Lr or yr - SmPutt I- i ASPHALT DRIV69] ,- - PIPE -z'1" 4'24" "m TD oW �.� DN P4c6E o oEe 20" Sts Eo, T - s.�o sE�OUNDARr cur. .• RENIO ' ,FRO° Pp iry l:4I _ q5 >6 f °DeL/c wOr yL � T. L MAPPI wl E 1 I "��5 L� ARA 5 LOT FRl w � Ig$, �N� — —i3- FEW, DID ND O NW N LO v DIGS, Z - - - --�- - N N utn � m A ALL er'rir as � � .L.L± l0 UL AVL N MD N6A aN d-aF�,� .J� plfR DRIVEWAY DID GO u ,ILL °L +L - _ _ - cdrvc ,D r ay e..r . L n�GdrtT% yam• Z or �� • ' E1J.G 4 v O'C!(OLK K59 _ - aOA.L.,LL _ Mk<� PUe40 FIAZ. 5 , 5 0 \ ` \ ;/ _ — — "6D ">eo sWO-A _ u y IVT �En =$T T020 - CpN,G°M N -� v m R O A W W illlx dlx \ Fut,' Na ed ` �G" - - EtyLx_ s , 1 O N VyEN'w SF1 ��, �'/ B°ROM OF BdryN 1�YJgPO ➢E �No �\ °}ov EI � -r l L.F oa o N il lx� ' w 463.27' i. [a fra\ 1 R_MNR �,eAM- �a� Sy 6g�3 °' �sMn nE e Z N `4\ 1 z ilL \ __ _ _ °P, 3' Z 4g B 2\ " ON M�rccnNO u D. S .27' W 3 'ED. 2DazffEa° NMR,. a `S2.Z E FLAG #S . '" — pi O S0.7S. �" M,"P'NG do N v QBUP ol E.T7 L ;�r s `yl m N 7 3500., W N v Go A N 6 a 6�'.SNj A� W 4 3 / M (0 u ea S M) TV 8 r a • °y� 4� £ N ^m H A N, WCo A ^ to v O 20 dS Co IT ` �A is BOAT BASIN 9 g z 3 a O PREPARED IN ACCORDANCE THE MINIMUM @'o a R05 NTHEFOR TITLE SU 5 AS ESTABLISHED RY3S O BT THE L I A L s. Y__ APP VEO IND ATE LAN IypaALa FOR SUCH USE.BY_THE YORK STATE LAND a TITLE fl ,A\ LV1 \Y NA1 7 y R /.� FQ ``..� r NOTES. O Cq Oma' r..: '�. 9'I wOOa°1ANc Q iNS Z„ OGGN 1. ELEVATIONS ARE REFERENCED TO N.G.V.D.THUS: : lv DATUM. a EXISTING ELEVATIONS ARE SHOWN WN THUS: G p r EXISTING CONTOUR LINES ARE SHOWN THUS: - -s- - - -- O, ie - TOP OF 2s OaHUD Q e - BOTTOM OFF 66 O V 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 3610300167 G N V.S. Llc No. 49668 NtiponNG ZONE AS BASE FLOOD ELEVATIONS DETERMINED °DCN ZONE X• AREAS OF 500-YEAR FLOOD; AREAS OF 100-YEAR FLOOD WITH AVERAGE DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN UNAUTHORrzEe ALTERATION OR ADDITION 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 100-YEAR FLOOD 209 Joseph A. Ingegno To THIS SURVEY w r Is A of ONE % AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODP AIN. SECTION 7OF THE NEWEW YORK STATE EDUCATION LAW. 3. MINIMUM SEPTIC TANK CAPACITIES FOR A I TO 4 BEDROOM HOUSE IS 1,000 GALLONS. Land Surveyor COPIES OF SURVEY MAP NOT aEARIrvc MINIMUM LONG, 4'-3"SYSTEM WIDE, 6' DEEP THE LAND SURVEYOR'S HISSUV INKEB SEAL OR 4. MINIMUM LEACHING SYSTEM FOR 'A 1 TO 4 BEDROOM HOUSE IS 300 sq f} SIDEWALL AREA. EMBOSSED SEAL SHALL NOT BE CONSIDERED 2 POOLS; 6' DEEP, 8' did. TO BE A VALID TRUE COPT PROPOSED EXPANSION POOL CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY T7N, Surveys - SubdMelons - Sib, Plans - CODSINdOG Layout 15 PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND PROPOSED LEACHING POOL LENDING INSTITUTION LISTED HEREON, AND PHONE (631)727-2090 Fox (631)727-1727 TO THE ASSIGNEES OF THE LENDING wsn- PROPOSED SEPTIC TANK TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE OFFICES LOCATED AT MAILING ADDRESS 5. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD 1380 ROANOKE AVENUE P.O. Box 1931 THE EXISTENCE OF RIGHTS OF WAY OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 ANO/OR EASEMENTS OF RECORD, IF 6. THE STAKED HAY BALES & SILT RETENTION FENCE ANY, NOT SHOWN ARE NOT GUARANTEED. SHALL BE PLACED BEFORE THE START OF ANY CONSTRUCTION. 21-619E SURVEY OF PROPERTY SITUATED AT BAYVIEW TOWN OF SOUTHOLD u u E Q E � V E D SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-81 -01 -16.7 SEP 19 2013 SCALE 1 "=40' JANUARY 7, 2002 South Toon JANUARY 29, 2002 REVISED LOT AREA NOTATION R2Urj gt1 us of_ FEBRUARY 14, 2002 REVISED DRIVEWAY LABELS MAY 15, 2002 LOCATED WETLANDS & ADDED TOPOGRAPHICAL SURVEY JUNE 1, 2002 ADDED SITE PLAN AUGUST 5, 2002 REVISED WETLANDS LINE, SITE PLAN & ADDED TEST HOLE No. 2 AUGUST 26, 2002 ADDED PROPOSED SEPTIC SYSTEM JANUARY 23, 2003 ADDED DRYWELLS & HAY BALES NOVEMBER 12, 2003 REVISED PROPOSED HOUSE JUNE 6, 2007 REVISED TO SHOW PROPOSED LOT LINE CHANGE AT BASIN ROAD & UPDATED SURVEY FOR LOCATIONS OF NEW STRUCTURES JULY 23, 2008 ADDED PRESCRIPTIVE EASEMENT OCTOBER 7, 2008 ADDED METES AND BOUNDS FOR PRESCRIPTIVE EASEMENT FEBRUARY 9, 2009 UPDATE SURVEY APRIL 15, 2009 ADDED PROP. CONVEYANCE AREA S 89'23'08" E FEBRUARY 3, 2010 LOCATED NEW DOCK & PLANTINGS MARCH 21.63' AUGUST 2,320100 10 ADDED DRAINAREVISED GE CALPTIC CULATION AUGUST 12, 2010 ADDED TRENCH DRAIN z GO OCTOBER 1, 2010 REVISED PROPOSED HOUSE 0 0 N Go a LOT AREA INCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 75 815 sq. ft. THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES) 1.'/40 aa. y m LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 72 875 .q. ft. �£ �"y THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES) 1.6'73 aC. @€ , LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 68,070 sq. ft. THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES) AND THE WETLAND PORTION OF THE LOT ay� 85 PROPOSED LOT COVERAGE: 3 $ P= jOAREA OF ye„ TIDAL WETLANDPROPOSED ADJJACENT HOUSE, DECKS 68,070 L ,337 sq. ft. Sq. ft. LOT COVERAGE OVER ADJACENT AREA = 7.84% 10 $ yen CERTIFIED TO: CHICAGO TITLE INSURANCE COMPANY •� '' MARY S. ZUPA 6 W C O Wu ,vo w J coJ N s S SOUTHOLD BA Y o / E (MAY IIARROR) WNAD qz 161 ' eE JAIL 18 / ELL ACA� ';s5,V1. N""KIoI I?'47' L 88'45'16" E c-.rdlxxaD 197.36' Waon NAlMHfAD Im a AN _ w A..'�s .ae _ '�➢L --ilW'e GBAiG _ALN5,JIL-Eiif �S-Az _ 8€,tewr: C:, -� Np^", A J. 3'9 / 4x,�h�.0�.1A•IY / yv.//i' �/�/ 1 114 ro s � offs 6J.fi] ONE VE (EL. e) /I //� ��� Li W b z _ = s / ONE ZONE VE (EL. 21) o°'. m m •� / / / / / ,NS / ZONE X £ I °Sz WPB ® Pc°R e�",cK�`vusll 'I/ // / ��P2Em ul'uTce e'DI ,caws 14.' —— _ e r NS NL(, EIL i � � ® i PR�wDI.m �,•� \ a vw I I v- N5Go ,-- fIlA6TYNNgr� \ N ci \ 'VT \ 0 DIA%1 OE[P ORTVf1.L W, v:•• I ` IY2 60' N5 tl o� IqN .`DA..^J' P.xe m]Ivl-wAr 11,Ai. _----___-- _ ! - - - --t ___—____ MI. F �1V S✓;., m f1 a— .u.p •� ��---y, a _ — � •. . l .. \ ..� W .u.s nyyl 74?420^ Q .,I N S 7 _ •* aAt \ ey4p7 f p' "W w" Rx So ou m 49a __ �N?ro \E%IkiJBR T \ \ --1]—_ �.g �\\ AW.RXC O 'W wu ' • W - BE m AAA"'+w0'� w\ ��/ / ph Av SAM,w, 'pawa RMORATE APPROX. 350 1.1. OF SHOREUNE MM NONE SPECIES m m z __k \' J --_ i' e — PIIGIr�•�— _�� _— Svo INCWDING SPERMIA PATENS, SURTW.N.TERNIROM GISRCHUS NP ePIGTA AND SWCORNU. REMOVE OVERHANGING BR VI m L7 { NP FH2 \ \ i LffaLNl`11-�„I+11 &A ro PRUDE SUNLIGHT TO WEILWG SPECIES. REGRADE MRS AS NEEDED FOR STNEFULATON. �_1'al Z E]NP \ \ ��p /%0 bTmy a R \ 'i Oi1.F ry"Nor, D mp as No, \ P\ .I\.\ \ V N -' ".-I e cI .N 'V 6g.3 \,1 e & a ,af4f Xe,T y, '_/y 5 or A0 o S S0•?>•6^ W W s°•`.'° �f/. 0..�/ �N' JN HS?• �DMc rWx'N P.a; 13X00^ H o fi4vF1 .I,,�fJ of £ pN t1s.Tly " W4i 3 $g'gg ATD7 01 Np 6'• Ay Be A b Sp No N 8 V N N ��fr✓ F HAS Naa Pax .I°o J F n a i m� 2 X33�"tiFv � 0. 104'0 1.1. ELEVATIONS ARE REFERENCED TO N.A.V.D. ISBN DATUM. EXISTING ELEVATIONS ARE SHOWN THUS:SO EXISTING CONTOUR LINES ARE SHOWN THUS: -----s----- �� _ 3 or 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36103CO167 H ZONE AE: BASE ROOD EMATIONS DETERMINED ZONE X': AREAS OF 500-YEAR ROOD, AREAS OF 1% ANNUAL CHANCE ROOD WITH AVERAGE DEPTH OF LESS MAN I FOOT OR WITH DRAINAGE AREAS LESS RUN 1 SQUARE MILE; AND AREAS PROTECTED BY I£VOU FROM 1% ANNUAL CHANCE FLOOD. ZONE X: AREAS DETERMINED TO BE OUTSIDE THE 0.2% ROODPLAN. LF.,CEND ZONE VE. COASTAL ROOD WITH VELOCITY HAZARD (WAVE ACTION); BASE ROOD ELLVAnONS DETERMINED A STAKE SET BY THIS OFFICE JUNE 16, 2008 3. MINIMUM SEPTIC TANK CAPACITIES FOR 6 BEDROOM HOUSE IS 1,500 GALLONS. 1 TANK: N' DIA. 5' LIQUID DEPTH 4. MINIMUM LEACHING SYSTEM FOR 6 BEDROOM HOUSE IS 400 sq ft SIDENI AREA. 2 POOLS; 8' DEEP, B' Ela. 1^\PROPOSED EXPANSION POOL PLANTING SCHEDULE 0 PROPOSED LEACHING POOL FROM PUN BY SEA IML MAPPING LISA'. 11/01/02 PREPARED IN ACCORDANCE WITH THE MINIMUM TO BE REYEGEWDE➢ IN ACCORDANCE WRH xvs.D E STANDARDS FOR TIRE SURVEYS AS ESTPBLSHEO PROPOSED SEPTIC TANK PE RMR No. I-4718-01029/00003 BY THE LIA.L.S. AND ADOPTED S. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD NS NORWAY SPRUCE FOR SUCH USE BY � IT'D TREE W OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. '( Y B. THE STAKED HAY ALES k SILT RETENTION FENCE WP WHITE PINE 4Q' SHALL BE PLACED BEFORE THE START OF ANY CONSTRUCTION. T LG LEYLAND SPRUCE 9SP� RDA RHODADENDRONS 1 GG GROUND COVER * ¢ 7 TEST HOLES DATA NP NATIVE PLANTS (ZEST HOLE DUG BY ••^WNAID GEOSCIENCE) c (Incl. ROSE RUGOSE, RUSSIAN OLIVE, BAYBERRY, GRASSES) p] TEST ROLE No. 1 TEST ROLE No 2 (TEST HOLE DUG ON MAY L 2002) (TEST HOLE DUG ON JULY 22. 2002) EXISTING PLANTINGS _ m BAYBERRY BUSH 1' .Y S. Lic, Na. 50467 'NOT ^SV°'I ® BUCK PINE TREE ' MwO4 ] ° CEDAR TREE UNAUTHORIZED ALTERATION OR ADDTON TO THIS SURVEY A:.,� p GAY �LL OF SEC➢ON 7209 OFSMEW EWTION YORK STATE Nathan Taft Corwin III S. nwx sb T9 WvrA,nx9 No DRAINAGE T2Mj Y,, EDUCATION LAW. DMVM DRIVEWAY/ AN.: e0D Aq. H. COPIES OF THIS SURVEY I MAP SNOTEA BEARING Land Surveyor % 0.17 % p.6 = F2 eu. 11OR d-0's• •• wulm R ou. If. / 412 = 2' n,llenl It. .1 e' ala. IwaM1lnP PSI nqulM THE LAND SURVEYOR'S SHALL INKED SEAL SI good, ° PROTIDE(1) e' dim. % 2' high STORM DUN POOL EMBOSSED LID SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. 10,T R RppF AREA: ].bp NO.0.1 If. 1A.21%b. 11. % .2 = REI CERTIFICATIONS INDICATED HEREON SHALL RUN _ Wme u waX un u.a a21 .u. (2 /42.2 a 15 high R of IF dim F IDS (19 p nqulna PIIOYIOE (P) e' alo. % e' M1IpM1 ]TORN DUN POpls (IR VEIrtICAL R. ipiM) ONLY TO nD, PERSON FOR WHOM nSURVEY 5 PREPARED, AND E HIS BEHALF TOO THE Title Surveys — Subdivisions — Site Plans — Construction Layout PROPOSED e' GN. % P DEEP DRYwELL9 FOR NMI RI AIM GDTIFR I E.:--- 1 COMPANY, GOVERNMENTAL AGENCY AND `/ LENDINSnMIN LISTED HEREON, AND TO THE ASSIGNEES of THE LENDING wsn- PHONE (631)727-2090 Fax (631)727-1727 PROPOSED R' DIA x 2' DEEP pRYNELL FOR DRIVEWAY RON-pFF MITI pPEN DRATE: OO TUnON, CERTIFICATIONS ARE NOT TRANSFEMBLE. _ OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHTS OF WAY 1586 Main Rood P.O. Box 16 ANO/OR EASEMENTS OF RECORD, IF Jpmes OTt, New York 11947 James ad, New York 11947 ANY, NOT SHOWN ARE NOT GUARANTEED. P P APPROVED BY w BOARD 4F TRUMEES � _..... TOWN OF SUUIT�ri= ova un Al Aw 41, All i .,�r % e: ��+,^; �,,.M, tir .. �-., ..«..r�,+�,�k'��.i.'✓;Via. ..'4+'�:""��'hf.� -... 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T C Tide Range: 2.5'+/- Q �ta��`�'�9 HWM sheathing Q Datum: MSL-NGVD'29 Z0' (�eb ✓f(6 6) 5'h�9h tie gal v. ad, Proposed "Ods bvl�,he�Gt�or✓ .—✓ s,LL °�° Exist. Proposed Rock Armor '' Rock Armor I"= 40' ---_-_- 112 If 0 000-1500 lb stone) (�o> °�° (�o> 112'If Timber a \m�jPi e,G p��5�✓�,` {ecce (�2) s r Bu I khead ------------------------ v�d�f/✓l'. 0503. '.' (`5o 4-Q) 1000-1500 under re- Q 1 ✓ �o;� N� ey��o��) >_ o v_�9 Ib stone construction -03��/' 21 -(60) `(t3 ,..-3Pi` -'" .. (`1,) : ,"J (s6�3�highrsaJ ;r6u be<pet� bu`k��/a 0 S�oP 6� —► 133 N os 0%vvoWara c,t °/ t P p�> a o # prop{ �a� /,.a"�3A> 0 �ecOstruct � o (,,) 332 . _ „ m °— °-10 0i l5� s 37C19 O 1✓17 bu1khea existing silt fence to be 6 r�5 — '— QH &re35{ I aebt\s site 'T' O� 11 s debris tt�°Kea° l 5C�#a0d o�Zupa Nd c \ IzCj g :UN,d� SALO°K\'\,' \ \ �` tO pecan n9 ° a\\ asphalt drive _ B a s I n 8 l Nd(' \ �Fer t� 9002 �_ ear owe f R o a d - ---------- BOARD OF TRUSTEES -------------- � TOWN OF SOUTHOLD '�� ------------ _ IL X90 PREPARED BY: SEA LEV I MAPPING P. O. BOX#538 ROBERT H. FOX RIVERHEAD, NY 11901 NYS Lic# 50197 PH 631-722-3390 izizoizoos azo iuM G`SLM\zopol<IIO[pro I _ . (' TEST HOLES DATA (TEST HOLE DUG BY McOONALDGEOSCIENCE) TEST HOLE No. 1 TEST HOLE No. 2 j ( SURVEY OF PROPERTY TEST HOLE DUG ON MAY 1, 2002) (TEST HOLE DUG ON JULY 22, 2002) T EL 11.1' 0. EL. 15.5' 0' BROWN LOAMY SAND SM — BROWN SILTY SAND SM I SI T UA TED A T 3' �{ 'A t, PALE BROWN FINE SAND SP A .,'LJ 3 AY V I E 1 RW BROWN SILT SAND SANDY SILT ML BROWN CLAY CL a.,• TOWN O F SOUTHOLD EL 0.4' ..'•t.'.•r•:.�•:•� t07, PALE BROWN FINE TO MEDIUM SAND SP SUFFOLK COUNTY, NEW YORK i S 8 8" E EL. 21 .63 148. S.C. TAX No. 1000-81 -01 - 16.7 21 .63 WATER IN PALE BROWN FINE TO MEDIUM SAND SP � � Z 17' SCALE 1 "=30' A � o WATER IN BROWN CLAY CL & CH JANUARY 7, 2002 I L i JANUARY 29, 2002 REVISED LOT AREA NOTATION 00 m FEBRUARY 14, 2002 REVISED DRIVEWAY LABELS A Q MAY 15, 200-2 LOCATED WETLANDS & ADDED TOPOGRAPHICAL SURVEY JUNE 1 , 2002 ADDED SITE PLAN sro m AUGUST 5, 2002 REVISED WETLANDS LINE, SITE PLAN & ADDED TEST HOLE No. 2 im, 6D' AUGUST 26, 2002 ADDED PROPOSED SEPTIC SYSTEM �Tm 0 xJANUARY 23, 2003 ADDED DRYWELLS & HAY BALES o0 � D Co Z W It LOT AREA INCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 75,687.36 sq. ft. to o THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES) 1 .738 ac. o o °° LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 72,747.53 sq. ft. I y THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES) 1 .670 ac. r- I, D I m0 4.3 0- 0 1 0 v CERTIFIED TO: I z X� Z CHICAGO TITLE INSURANCE COMPANY oz 44-6N� MARY S. ZUPA 1 N _ N a m 4 F S X2.05'401, SOUTHOLD BA Y (TOWN HARBOR) t, _ Sn I h/CN E I S 86'42'04" W ` F, '� wgrfR N 82.07,2,, — j 1 .32 / m _ -\, MgRK SONG 1 J WETLAND BOUNDARY FOLLOWS ALO JG 63'92; r BOCK 2. 1 ' " THE FACE OF BULKHFAD ' R MSK W000 BULKHEAD D z I o kfAD N 88 5 4 0 2 E 134.0 2 r.- I r7'1 �- r 5_; WOOD BULKHEAD �� 7 WOOD TIE _ o D .4 - 1i I _ -- -- -- - -- -- - - - - -- - - _ - -- -2 - - -- - - -- - -- _ -- - - -__ BULKHEAD > 4" UT V 7 7 -- - - - - -- -- - -- - _ -- - -_ - - 9 0.9'E. Z 70 t __- ---- - --- - _ - _ -_ _ _ _ ^^,V G! I / - - - -- - - -- - - - - - - -�- - _ 14113M Iv ID v /� - 2 --15 D, _n O O I ray ` '! �— -- --- - - -- _ = _ _ —_ _ -- - 0 G N -" _ - - ZDPh AE(EL 8) - % - - - - _ ZOf, �� E - -- - —� - - - O V A / ZDI / _.�-•;.4- IDS X o s -7 7 I 14 Q FOUND C '� / /PROPOSED ROW _.t I i /` PIPE KI=D171 HA = —1 I / 1 SILT RETEN 10 FENCIN6Y$ALES ' / ! / / / N S mTEST WELL ALONG O / SCI Q a o Z 3_7 7 C, I ox 7.9 POOL BAGKN // s G, DRYf"IELL FOR ' �/;/// .! -- 6 ' A z IASH - — \y 1 a —7 1................. — IID''. Q Z C0 a vi r �Rr :PROPOSED d'OOL .L \ .:.:: t� m = , o N...',....�....�....,, V �.... 1 -16 U �y �....L..;. ._4s........... .� �....., 20..... fes:.POSED.................. C� I A - l.. ��Y� ,� ��'r. ''�,r t!r ter'. ♦ CJ �, - - •'i;i \ Z ropJt 4 6 r I I 1 -- -9} ,�t,.,,,?�� �.•.In"• ,'.�,' p J ./;�• TEST H `''(?s�\ \ 3 i rCw \` . /........ t� / OLE No. 2 q p in w \ \ ppfNp y 8' DIA. X 8'DEEP DRYJ,'ELL i. \ ............. : \ O \ _ 6S• FOR ROOF RUNOFF_2.a _ 00'0 , a a \ \ 8'-DIA. X 8' DE P DRYWELL ,�. FLAG �� 0 k _ _ — — — — — _ ; 4 \ FOR ROOF-RUN FF Q 1X8 8_6\ -2:' a _ _ TES7�HOLE�Ja,1\ �( r% kill. _ ��F�AN' _—� - -- — — — ` �T j_Y � '. �1 1`1 a. � 3 — - — — -- -- ��c: v Q •���I., \ _�' - qs fi OF 7� -- �T ° '� °' :ASPHAL7 DRIVfY4�AY•`1_ - _ ---F F1PE_ 4 y �]Qa i� S 74.24 s ��0 0N �'cceo e TO a 4� F`' _ d / 20 ' fuses I1'fC 7 — b,_2 fA° MDC Rr Guy \ .} .PROaO "/ r 4 4 ,si 4�, E pueL/c1�G 4 \ Mgpp1N WI E _ ' G' / qr£R) zor —\ \\ �- \ \\ 4 �lYj 7 <� \ --_ --- 1.3-- W�`7� x• ° 'by/;�`_ a ,a ,z�-4 \\ Guy S� O W A Z - \ typo R INZ t C 1/� Y "'oN,coNc, N �(D � \_`6 \A 4� ♦• '\_1_1 7�154 \ i. te \ ^ .gU -th. L71 - Ln FLAG Op i F�5ODIRT DRIVEWAY oS\\ LPoLf o C W tD 00 O "Oz. \ RNFA q -1 4 + N 0) N ?�2��ROGsaggY _4 t d \ \. r '1� '-- - -- - ' 7 opJ 8_7 i a rCm `� 'w ; �O - �o� \ \ QO / PAD UrjU fag �' 'OOO 00 �0 %Z s � \ S� 9 __AO� FLAG 4 3 4OG9� 0 5g CO �-. / �Wgt4 _I3/ a • '� -' FLAG,15 5 '0 Ys / _ - 0p pUBCIO 0) Ln - - STfpS of __ -11 M 1`�� wgrfRgkf IN bo CF) Z Ir- ,c�' 0 4 'wo - o D 0 fT FLAB 1(<3\ \� GN_,sYf.xpp�F _ / FLAG kH 1 -- TOP OF_BANK_- `t d \ C MON OA O ()I Z \ \ �N S J1y��C E/n"� -. —BOTTOM BANK \ GI D TIE r \ �� _t) Z o o N w 463.27' N iF\ P 1 / a o Y OO f M $ 6 • 0 77 N 00 y�%y�\" Qr i pF B 3 a4 3�3v 8 .;8' - 6 AS /T OF _. Z �(0\ 7 \ _ 0� 2g `� Z 49 2, '� h_a ON Mq r 6,O,r S QOU ARY a V `S0• , tU 3 6 02, C NO NAPpI j OD S2• qp�o�\ FLAG /2 ,1 ElEL N V �j6 �J � ' 3gQ�r saoV 00 co O .3500" N w NC (� Ln 016• , D� N z (Y) S 6q•6g �� W � 3 318/ h N r S o� r V CD o CY)0 11 2 3Q O OW BOAT BA SIN `° 3� $ � qow PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS ESTABLISHED o n 0 4 BY THE L.I.A.L.S. AND APPROVE w AND ADOPTED 3 �w O FOR SUCH USE BY THE NEW RK STATE LAND OoF<04 477AI S= TITLE ASSOCIATION.-,_._,_-,_ o ^ oo c'anNc NOTES: wac ooc 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM. �O ,' :•'; k EXISTING ELEVATIONS ARE SHOWN THUS:50 EXISTING CONTOUR LINES ARE SHOWN THUS: - — — — -5- — - • u tY w TB - TOP OF BULKHEAD r BE - BOTTOM OF BULKHEAD 2. FLOOD ZONE INFORMATION TAKEN FROM: F4FLOOD INSURANCE RATE MAP No. 36103CO167 G I � a NC ZONE AE: BASE FLOOD ELEVATIONS DETERMINED N.Y.S. Lic. No. 49668 ~j�'•�-.--' w�Ar� 1 Dock ZONE X": AREAS OF 500-YEAR FLOOD; AREAS OF 100-YEAR FLOOD WITH AVERAGE DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN UNAUTHORIZED ALTERATION OR ADDITION 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 100-YEAR FLOOD. Joseph !n e J o THIS SURVEY IS A VIOLATION OF i� SECTION 7209 OF THE NEW YORK STATE ZONE X: AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN. • f[ �, 7, ED EDucnrloN Law. 3. MINIMUM SEPTIC TANK CAPACITIES FOR A 1 TO 4 BEDROOM HOUSE IS 1,000 GALLONS. Land Surveyor COPIES OF THIS SURVEY MAP NOT BEARING 1 TANK; 8' LONG, 4'-3" WIDE, DEEP THE LAND SURVEYOR'S INKED SEAL OR 4. MINIMUM LEACHING SYSTEM FOR A 1 TO 4 BEDROOM HOUSE IS 300 sq ft SfDEWALL AREA. EMBOSSED SEAL SHALL NOT BE CONSIDERED 2 POOLS; 6' DEEP, 8' dla, TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN PROPOSED EXPANSION POOL ONLY TO THE PERSON FOR WHOM THE SURVEY Title Surveys - Subdivisions - Site Plans - Construction Layout IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND PROPOSED LEACHING POOL LENDING INSTITUTION LISTED HEREON, AND `r�J PHONE (631)727-2090 FOX (631)727-1727 TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. M PROPOSED SEPTIC TANK OMCES LOCATED AT MAILING ADDRESS 5. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD 1380 ROANOKE AVENUE P.O. Box 1931 THE EXISTENCE OF RIGHTS OF WAY OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 AND/OR EASEMENTS OF RECORD, IF 6. THE STAKED HAY BALES & SILT RETENTION FENCE ANY, NOT SHOWN ARE NOT GUARANTEED. SHALL BE PLACED BEFORE THE START OF ANY CONSTRUCTION. 21-619E M/ s 1 'am tq Z � P� � t2 • t{ y _ 't r �!'n`•fir.'��� +��+ � �yti J ry•f 4�f.. � "_ •�•. .r!Via-.�'2��'6+�+���,,` r � :';� �' ,ti, ♦ •�•�3, i �'j'•'w, � •.� ti.- 'iii fit' � •�,� l .rr+ ,, � .M " �. +� 1 - �.1. f' • J r IP •�Y op, � r MM + r � Fa t t # 'r' Page 1 of 1 Cusack, Heather From: Catherine Mesiano [cmesiano@optonline.net] Sent: Monday, October 02, 2006 12:51 PM To: Cusack, Heather Subject: RE. Zupa approval 9-20-06 Attachments: 92006.pdf Heather Attached is the plan that I sent put with the certified mailing. Let me know if you need anything else Also, can the application we submitted for amendment the dock permit on 580 Basin Road be handled administratively? Cathy Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches,NY 11940 631-878-8951 cmesiano@optonlme net -----Original Message----- From: Cusack, Heather [mailto:heather.cusack@town.southold.ny.us] Sent: Friday, September 29, 2006 10:15 AM To: Catherine Mesiano Subject: Zupa approval 9-20-06 Dear Ms. Mesiano, Please mail to this office the revised plans for Mary Zupa for the amendment to permit 5636 to construct a 12' extension to the existing return. The amendment was approved on 9/20/06 but the plans that were submitted with the amendment do not show the return. Heather 10/2/2006 SEA LEVELMAPPING 6 611ST MAR@ 6-MEET5ib £ RIVERHEr+'i.7.NY E[Qp! R L ' Sleet I OF I S 5GT# It" 00-bl-1-1b. .. i r ' 5ovthold,N&k Ya; rr�tor>~m: . InOS N,,'A01 qo r :, OCT 2 .2000 Path Ns 1tIGE7'&"1x.4�de3 es&axis ter bulkhead. bed cre VA ' N5 ur° HEDULF L) other ° � 6.40 raf°of SSiQrellaxrs 1hltsd tar+51i!" G li ! buikha3ad vait3t tipartblo Km RPA sna9rPi 5 ea7f � `tj a GG XrP3nd over JPIy 5tll' /f s1- Os tp ig 5 G:F3+ne F'n 5 7s }v` i F!Y t4o:ive Ptah �kG. 1 a sfh' op� - ss cnit'Ivrdtactia [aye�rr�•CrPssokx `tip th 'fir, es Jap^ LOW OJ'ill" DU��C�2L'at� �� C ;.�'"•"• ^ �.�=1 ��� �+�.s%� � it e,?i,d etas, 1'p �j• -.• �, y��o" - Inoo 14 She I ua52'feek of WN l as ;e s9 xe �n °w a A!!dertzers5lPean! £ rSaer, ion'siil balkho tlAd Dien pons IV CC.� v5&rg G-LOG ShnGtEttng ,.r' a �s�`' rw ii All holal,;'aro C}QIVCtnt&eti CroJ'�...t"-5oct1Q 2"�:c -t3�•any c� r ala-5. `'•», a'31 t r� . excravcztlon - 1G7"x+€�' �� ;a octa�sil ( lllv"lJt+'� » :i.;s` i 'Qr caner ^ t;God .- to ise raFtsest E�pbcr�s, til Dost Da51Y1 deod man V,' AN1C-1vO » strGx#rs" 10-30-02 l rgyp a 14' ox. sta dsaca men Ca1l1--2041--L0a2 �a feet of >exl ber she athUarsksdkhe.6` Afprvx.4415 fOOt Of aXL'Alr� TH15 PLOT KA5 DE LOPF-0 All cies enslori ai lumber, to be roplare--°1n plzxr.•e" fk mbar sheaths lkher l FROM J vEYS CSF tib-2�1-C+2 Lirrj'oar and plies'are r, A U51n916-Lase 5hoothin to} r p1aCe� oce" rzoalrRT H.r-ox KY5 Lied 50M treaters wood or,plea?tic. i0,,P-Ina u9� Llac 5hao lIS4l.FA73 B flw' M \Wp uaCxrmsrS:I+etm6xupariaxa MAILING ADDRESS: PLANNING BOARD MEMBERS ®F S P.O.Box 1179 JERILYN B.WOODHOUSEhoV� ®1 Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDSTown Hall Annex MARTIN H.SIDOR G O 54375 State Route 25 GEORGE D.SOLOMON '®l �a� (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND yC®UNT`1,� Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: James King,President Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner 1, �_i j � - 1 r LWRP Coordinator 1i -=<i; SEP 18 2006 Date: September 15, 2006 E Suutf,c;c Tov,�i Re: Request for Amendment to Wetland Permit for Mary Zupa mnl6r's SCTM# 81-1-16 --__ Catherine Mesiano, Inc. on behalf of MARY ZUPA requests an Amendment to Permit #5636 to construct a 12' extension to the existing return at the n/w end of the low-sill bulkhead, and replace 20 cy. of clean fill. Located: 580 Basin Rd., Southold. SCTM#81- 1-16.7 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. CC: Sean Kiernan,New York Department of State Division of Coastal Resources r - O Telephone p Town Hall (631)765-1892 y 53095 Route 25 P.O.Box 1179 Southold,New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., September 13, 2006, the following recommendation was made: Moved by Peter Young, seconded by Don Wilder, it was RESOVLED to SUPPORT the application MARY ZUPA to Amend Permit#5636 to construct a 12' extension to the existing return at the n/w end of the low-sill bulkhead, and replace 20 cy. of clean fill. Located: 580 Basin Rd., Southold. SCTM#81-1-16.7 Inspected by: Peter Young Vote of Council: Ayes: All Motion Carried James F.King,President �O�S0�/r�► Town Hall Jill M.Doherty,Vice-President .�o� �� 53095 Route 25 Peggy A.Dickerson P.O.Box 1179 Southold,New York 11971-0959 Dave Bergen A % John Holzapfel Telephone(631)765-1892 COUffN Fax(631)765-6641 i I i BOARD OF TO RUSTEES TOWN OF SO T OLD j Southold Town Boardo 'Trustees Field Inspection/Workses io Report Date/Time: 7zl.� Name of Applicant: 2 Name of Agent: .tee /moo t a Property Location: SCTM# & Street � / — �, r7 ��'O ���n `J(3-eVQ(s0 Brief Description of proposed action: > 4e":j 6--�j Type of area to be impacted: ✓Saltwater Wetland Freshwater Wetland Sound Front Bay Front Distance of proposed work to edge of above: Part of Town Code proposed work falls under: v-6hapt.97 _Chapt. 37_other Type of Application: Wetland_Coastal E os' n Amendment Administrative _Emergency Info needed: e144411 fid , Modifications: cA r� i Conditions: Present Were: _J.King _J.Doherty_P.Dicke so D. Bergen J.Holzapfel Other: Mailed/Faxed to: Date: i i I Albert J.Krupski,President O`,OSUFF®���® Town Hall James King,Vice-President !�`t` G�� 53095 Route 25 Artie Foster co -'4 P.O.Box 1179 CA Z Southold,New York 11971-0959 Ken Poliwoda G Peggy A.Dickerson �fi� ®�� Telephone(631)765-1892 �.( `�►a Fax(631) 765-1366 FFJ�) f t 1� T7F 9� BOARD OF TOWN TRUSTEES �` TOWN OF SOUTHOLD I AUG 2 9 2006 APPLICATION FOR AN AMENDMENT TO A PET DATE #4y 'Z004 OWNER IQAYJ• �,Lra�_ PHONE ty3 J P Ili S" /12. ADDRESS Y AGENT...4�& f&j a jj ONE_ _ G.3 0• �� 9.�e ADDRESS 12 /'�, �/ l�Onc� LA . 0/9lk PROPERTY LOCATION TAX MAP NO. 1'D 00 I/We 1 & ti e/� t request an Amendment to Permit#31p36 ud a /2' rea&A-i ie. fi f exit w�Z�,.-�, f. _-- - Al jW enc/ e./ du •�ory'S��/ kt akA&.&d, Gt d ren l e�rJ C'u. y a/• iu- Signed By: 313) CATHERINE MESIANO, INC. 12 MILL POND LANE E, MORICHES, NY 11940-1222 Town of Southold _� AUG 2 9 2006 " LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS SOutiio'� IODd r P 1. All applicants for permits* including Town of Southold ageneies,-shall complete`this— --j CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permit and other ministerial permits not located within the Coastal Erosion Hazard Area 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus,the action should be analyzed in more detail and, if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net),the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-81- 1- 16.7 The Application has been submitted to(check appropriate response): Town Board Planning Dept. Building Dept. X Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a)Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation, land transaction) (b)Financial assistance (e.g. grant, loan, subsidy) (c)Permit, approval, license, certification: Nature and extent of action: 12' extension to existing return at n/w end of low sill bulkhead and replacement/backfill with approx. 20 c.y. clean fill Location of action: 580 Basin Road, Southold Site acreage: 1.7 A Present land use: vacant residential lot Present zoning classification: R-80 2. If an application for the proposed action has been filed with the Town of Southold agency,the following information shall be provided: (a)Name of applicant: Mary S. Zupa (b)Mailing address: 4575 Paradise Southold, NY (c)Telephone number: Area Code(631) 765-6112 (d)Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes No If yes,which state or federal agency? NYSDEC DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes No Not Applicable Extension of the bulkhead return is being done to eliminate erosion and runoff into the waterway and has no impact on the "pattern of development in the town". Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable The proposed project is not located near any historic sites or districts Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes No Not Applicable Extension of the bulkhead return is being done to eliminate erosion and runoff into the waterway and has no relevance to "scenic resources throughout the town" NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes No Not Applicable Extension of the bulkhead return is being done to eliminate erosion and runoff into the waterway and will be done in accordance with NYSDEC regulations and Chapter 97 of the Town Code. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III—Policies Pages 16 through 21 for evaluation criteria Yes No Not Applicable Extension of the bulkhead return is being done to eliminate erosion and runoff into the waterway and has no impact on water quality and supply in the Town. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. ,Yes No Not Applicable The proposed activity is being undertaken specifically to protect and restore the quality and function of the ecosystem and wetlands and will be done in accordance with NYSDEC regulations and Chapter 97 of the Town Code Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III—Policies Pages 32 through 34 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 7 is relevant to construction of the proposed extension to the existing return. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 8 is relevant to construction of the proposed extension to the existing return. PUBLIC COAST POLICIES Policy 9. Provide for public access to,and recreational use of, coastal waters,public lands, and public resources of the Town of Southold. See LWRP Section III— Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Applicable Construction of the proposed extension to the existing return will have no impact on public access to, and recreational use of, coastal waters, etc. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 10 is relevant to construction of the proposed extension to the existing return. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable The proposed activity is being undertaken specifically to protect and restore the quality and function of the ecosystem and wetlands and will be done in accordance with NYSDEC regulations and Chapter 97 of the Town Code Policy 12.Protect agricultural lands in the Town of Southold. See LWRP Section III —Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 12 is relevant to construction of the proposed extension to the existing return. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 13 is relevant to construction of the proposed extension to the existing return. Created on 5/25/0511:20 AM James F. King,President *OF SDUrO Town Hall Jill M. Doherty,Vice-President �O yl0 53095 Route 25 P.O. Box 1179 Peggy A.Dickerson Southold,New York 11971-0959 Dave Bergen Telephone(631)765-1892 John Holzapfel � 00UNN Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD March 22, 2006 'i Ms. Catherine Mesiano Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 RE: MARY ZUPA 580 BASIN RD., SOUTHOLD SCTM#81-1-16.7 Dear Ms. Mesiano: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, March 22, 2006: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit#5636 to re-vegetate the 12' non-turf buffer behind the bulkhead, and to install access stairs to the beach, and as depicted on the plan prepared by Plantings by the Sea, Inc. dated January 2006. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, Jame F. King President, Board of Trustees JFK:Ims CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NEW YORK 11940 631-878-8951 February 27, 2006 Jim King, President Town of Southold Board of Trustees Box 1179 Southold, NY 11971 Re: Mary S. Zupa Wetlands Permit#5636 580 Basin Road, Southold SCTM # 1000-81-1-16.7 Dear Mr. King: The Board of Trustees approved an amendment to the above referenced permit on December 21, 2005 for installation of rock armor, retaining wall and a 12' gravel buffer between the recently replaced bulkhead and the proposed retaining wall. The New York State Department of Environmental Conservation (NYSDEC) has required that the 12' buffer area be planted, as, in their opinion , the gravel buffer provides no natural habitat. We respectfully request that the Board amend Wetlands Permit #5636 to conform with the NYSDEC Permit. Copies of the plan have been provided to your office by Peter Sterling of Planting By the Sea. Thank you for your consideration. Very truly yours, Ulf OL 0---��1,� Catherine A. Mesiano, President MAR - 2 2006 Enclosures 5 t Board of Trustees Application GENERAL DATA Land Area (in square feet) : 72,747.53 sq. ft. (1.7 acres) • J Area Zoning: R-80 Previous use of property: VACANT RESIDENTIAL LOT Previous use of property: RESIDENTIAL HOMESITE W/ MARINE ACCESS AND UTILIZATION OF RIPARIAN RIGHTS Prior permits/approvals for site improvements : Agency Date SCHD 2/03 NYSDEC 11/02 TRUSTEES 9/03 No prior permits/approvals for site improvements . Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, -provide explanation: Project Description: INSTALL APPROX. 4' X 30' FIBERGLASS GRID WALK @ 2.5' ABOVE GRADE, 3' X 6' RAMP AND 6' X 20' FLOAT AND TWO 8" PILES Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations : PROVIDE ACCESS TO NAVIGABLE WATERS FOR RECREATIONAL MARINE USE Area of wetlands on lot : APPROX. 5000 square feet Percent coverage of lot : <7% Closest distance between nearest existing structure and upland edge of wetlands : N/A feet Closest distance between nearest proposed structure and upland edge of wetlands : N/A feet Does the project involve excavation or filling? X No _ Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations : N/A Manner in which material will be removed or deposited: N/A 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) : NO SIGNIFICANT NEGATIVE IMPACT TO THE WETLANDS AND TIDAL WATERS OF THE TOWN IS ANTICIPATED AS A RESULT OF THE PROPOSED OPERATIONS. THE PROPOSED ACTIVITY IS INTENDED FOR MOORING AND ACCESS SO AS TO ELIMINATE DISTURBANCE TO THE DESIGNATED WETLAND AREAS AND TO ASSURE THAT THE BOATS UTILIZING THE FACILITY WILL MAINTAIN THE CLEARANCES NECESSARY FOR PROTECTION OF THE BOTTOMLANDS AND WETLAND VEGETATION. THE DOCK DESIGN IS CONSISTENT WITH STANDARDS SET BY THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: MARY S. ZUPA SCTM # 1000 =81-1-16.7 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: INSTALL APPROX. 4' X 30' FIBERGLASS GRID WALK @ 2.5' ABOVE GRADE, 3' X 6' RAMP AND 6' X 20' FLOAT AND TWO 8" PILES 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 580 BASIN ROAD, SOUTHOLD 3. That the project which is subject to Environmental Review under Chapters 32, 37,or 97 of the Town Code is open to public comment on July 20, 2005. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNER: Mary S. Zupa 4565 Paradise Point Road Southold, NY 11971 OWNER'S AGENT: Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 631-878-8951 Enc.: Copy of sketch or plan showing proposal for your convenience. BOARD OF TRUSTEES: TOWN OF SOUTHOLD In The Matter of the Application of MARY S. ZUPA COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, Catherine Mesiano, residing at 12 Mill Pond Lane, East Moriches, NY being duly sworn, depose and say: That on the 7th day of July 2005, 1 personally posted the property known as 580 BASIN ROAD, SOUTHOLD SCTM # 1000-81-1-16.7 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 hearing. Date of hearing noted thereon to be held July 27, 2005. Dated: Catherine Mesiano Sworn to before me this day of , 2005. Notary Public a Albert J.Krupski,President- ��0� soTown Hall Hall James King,Vice-President ,`O 01 0 53095 Route 25 Artie Foster P.O. Box 1179 Ken Poliwoda Southold,New York 11971-0959 Peggy A. Dickerson G p� Telephone(631)765-1892 COWN Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 5, 2006 Mr. Thomas Samuels James H Rambo Inc. Haywaters Rd Nassau Point, Cutchogue 11935 Re: MARY ZUPA BASIN ROAD, SOUTHOLD SCTM#81-1-16.7 Dear Mr. Samuels, As per our conversation today regarding the bulkheading at the above referenced property I would like to clarify in writing the Trustees requirement for the protection of the existing vegetation behind the bulkhead. Landward of the existing bulkhead is a well-vegetated area with plants that are typically found in the coastal zone, including High tide bush(Baccharis halimifolia), Phragmites, Wild black cherry, and Spartina patens. The Trustees would like you to maintain as many of these plants as possible as you replace the bulkhead in the inlet. These plants help to stabilize the bank in that area and are protected species that provide habitat in that environment. As we discussed on the phone the more mature Baccharis bushes can be dug out, heeled in, and then replanted at the completion of the project. The permit also calls for a Revegetation plan using American beach grass. Please call this office if you have any further questions. Sily Heather Cusack Environmental Technician Cc: Mary Zupa Albert J.Krupski,President ��oF S0�ryo Town Hall James King,Vice-President ® l0 53095 Route 25 Artie Foster P.O.Box 1179 Ken Poliwoda N Southold,New York 11971-0959 Peggy A. Dickerson � �O Telephone(631)765-1892 CoUNTY,Nc� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Board of T-rasstees Field Inspection c/ Date o—n , -h C Address Owner 2 SCTM# Inspected by Findings aaS k v_') -F:- 1001c czf71e a-4-P, ��''`'a fi1,� �u �l _ �f Wil( � `�/a�e_:C i�•, 'f'1.Q Photos taken \Lei ESSEKS,HEMR&ANGEL Counselors At Law 108 Past Main Street P.O. Box 279 Riverhead,New York 11901 (631)369-1700 Fax(631)369-2065 PLEASE DELIVER THE FOLLOWING PAGES TO: Name: Board of Trustees, Town of Southold Company: -P Fax. 765-6641 From: Anthony C.Pasco DEC 4 Date: December 21,2005 t �OLti cn�:�, �f trustees Subject: Application of Mary S. Zupa Total Number of Pages (Including cover page) : 12 Comments: if there are any problems duriung thus transmission, please call sender at: (631)369-1700. 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In this regard,if you have iemved this Wwopy in error, please notify us by telephone immediately. T'd 69Z'014 -139Nd N3133H S>13SS3 Wd8i7:T S002'T2103Q ESSEKS, Hr-FTER & ANGEL COUNSELORS A7 LAW 105 EAST MAIN STREET P. 0. BOX E79 RIVPRHBAO, N.Y. 11901-0279 1�tIlLLIAM W. ESSEK$ 1631)369-1700 WATER MILL QFPICE MONTAUK HIGHWAY MARCIA Z. HEFTER TEL9COPIER[NUMBER(631)369-2065 P.0.Box 570 STEPHEN R.ANGEL WATER MILL, N.Y. 11976 JANE ANN R. KRATz (631) 726-6633 WILLIAM POWER MALONEY CARMEL&M•01 TALIA ANTHONY C.PASCA AICA S.STRUNK December 21, 2005 NANCY SILVERMAN LI$A J.Ross THEODORE D.SSKLAR OR COUNSEL Via Fax 765-6641 Board of Trustees Town of Southold 53095 Main Road P. 0. Box 1179 Southold, NY 11971 Res_ Application of Mary 9- Zupa Dear president Krupski and Members of the Board: We represent the paradise Point Association. We learned today that an appbicatton of Mary S. Zupa was scheduled to be hwd regarding plans for changes to the bay-side of her property, such as a revetment and a new retaking wall. X have not seen the plans for the proposed work. As you probably are aware from prior applicatioms, the Association has an interest in the subject Zupa propearty- A lawsuit between the Association and Ms. Zupa resulted in a decision of the trial court(copy attached) and an order of the Appellate Division(copy attached),both of which upheld(1)the Association's deeded easement over the basin-side portion of the property; (2)the Association's ownership of the jetty extending frons the Zupa property; and(3) the Association's prescriptive easement over a roadway/turnaround on the property. i While the Association does not oppose Ms. Zupa's efforts to protect the bay side of the subject property, such as by use of$revetment, the Association asks this Board to ensure that any plans for such protection respect the Association. s rights iu the subject i property, Particularly with.respect to the Association's jetty, which borders on the bay side of the Zupa property, and the "turn arowd" area of the Association's easement. So 1OU9 as 1 Z'd 69z,ON -139Nd d31J3H SAMS3 Wd617:T 9002'Z2'03Q GSSEKS, HEFTER & ANGEL COUNSELORS AT LAW there is no interference with the Association's jetty and other property interests, the Association has no objection to bay-side protection for the subject property. Again, we have not been shown the pians, nor was the Association asked to consent to the Zupa application. (Such consent would be required if tbte plans proposed any work directly affecting the Association's jetty and easement areas). If the plans slow or wdl lead to any interference or adverse impact on the Association's jetty and easement areas, then the Association objects to the granting of any such relief. For example, if the retaining wall proposed by Ms. Zupa adversely impacts either the jetty or the turn around, the Association objects to such a proposal and will take whatever measures are necessary to protect the Association's property rights. This letter therefore should not be constr aed as consent to any particular plans, but merely as a general statement that the Association does not oppose bay-side protection for the subject property so long as that protection does not interfere with or adversely impact the Association's rights. Very ft9y2yours, An ny C. Pasca CCI Paradise Point Association, Inc. i i E'd 69z,014 -130WU d3133H SA3SS3 Wd617:Z 9002'ZZ'03Q ..� �� • ..r.rte • rr ..V. . rr wr. � , 4 1 i !M7~IVIOft,ANAUN[A�CC$at]1�► vMBX NO.9M0t10 I i SUF»:+1�C01Fk1- STATE olp i o*YORK E49 PART XXXMM=F CO[�NfY LK WOMON No.Men iraudm TrW irMaela�lom P.C. 1p.uAME POrrgt'AS3057014,7NC., ltd Roouol&a AVrQum PtmadYC, P.C.Box 797 "erhead,N Y 129 ninst. f 1 - Etic Steams JW Gam,PC� $ M,4 �' .i f►, 13019'MA►nRoad i P.D.Box 244 3?Efeudoma� Mattitugk NY, 110.12 I r Upon reading And filing the fel OV&S Papet's in flus matter:(1)P'an't' s proposed l I P'indiugs of Pad and C4nclusida of Lsw dater!.M=h 17,2004 by piaintiff; (� Piers of F t l I' CA�raclusion of Law mcdved in this Court Marcia:2,2004 and sum=in$ apdrs by I dcftdant;(3)1�ei is Maumrat d=of Law in SWPMt of Proposed F' 'age oi'Fact and COXiclusion ofLELV datrd Mta�ll 19.2004 by dm&x&ut;(�4)Cbjcctious tO Pl ' ff's;ptiopodad. FitidiV and 1Faa t aiu3 Conctvaions dated AMR 3;2ab4 by dofen"'t;and t o UPON DUB DBL ER.ATION AND CONSIDERATION BX'1'1•IE C TJRT of ttf: forgoir►g,and the bench tarigi held in dd5 Cour an Pebs3ta+y 11,200 3-F 26,20!34 the W is decided m fellows: Ii O'RDFBED that it is dectated that the plaintiff possesses a valid seed d xisting eascmea� j over and attars the Sub j act ptemims owned by Rho dofeadaut a s desuAbed in 1489 deed w : 1 I piaiat M m2d tits defendfmt is*Dined from intetiM. ng with the ptaimti# sus atld'pasgessian i' theeasmnent;it is flWJW ORDERED tbat it is declared that plaintiffbas a valid and addating pi 1sC4Vdv0 Mcm Out f ! ovorr and across the private roadway on the subjcctpremiscs mmad by the drtareau t.sviutiag $dXa tbv weste;m termit►ua of�asia•R�iad in a�sneral rioait2vvaatctly deeded easerucat a=a aud.to t:,c jetty lacate<i a:ft end of ft deeded cascra which prouu&s mm Southold Bay;and it is frthex i 1 I L 17'CI 69Z ON -139NFi H31d3H SAMS3 Wd6ti:T S002'ZZ'03a i ORDERED that the defendant must ramose the fenoc black nS the ee to thAt private roadtray and the defendant is e�Wmmd interzi Z with the plainti s ptpsariptiva ew4ment rigjsts in the private roaulway in issue;it is further i ORDERED that Me defonmW and her agents tie baart=tl from all GwIn to an ostato or i imW..%in the jetty in dispute and are eigaizted diem intGrhring wuh the plaint Ws possession thaijeW,it is futhar { ORDERED taut the plW ntif£is directed to sage a copy of this deci and j udgment ( [UPLO all pmtcs. l A bench uW was held bcforr this Co=its February of 2004. 7%e C n • i s the . j fbllowfag,findi gs of Wt.: Tho plat a ft Paradise point Association,Inc. (h after referred i l as'the"Asrwimion )is a•not-for-profit evaporation th[baa existed as a hoop wtaCT 6 i asadciaation situme 1961 for the benefit of the paradise point Co=unty. T1+d rs of the .ss'odaiion are gorse pesrms holding title to real property'in tbr.ptewiso as PM&Se Part,Town of Southold,County of Saffolk Thr,defend=is rhe owner of iup a I >?a*known as iso Basin,Road,Soudhold,by, deed dated April s,7.002. By dad dated Ft b tats 23, 1989,the Assocamion received an ea�ctscut a=s the premises ow owned by t do atdL,aut.? Th,.-Aa►seaciation's doode emermeat arra Tuna in varying widths the wnt=.i w� ,of Basizt Road(along the cast=horderlihe of the defendant's propezCS% eng the 4=is e I of bodies of water'kzmwn as the Basin and the Caul(�vbkh tb=line gen 8outh9M�d wastes,boundaries of the,defend=a property),tsround to the jetryprotrudi into To++�atlias (atsp kao%12 as Southold Bale),which bwd ane the&*ndant's propmV to the t;rth, The .. I eaw�new is boundedalong'rhr shmel'a=of the Town Bmt'bor try the"Ordinar;► gh water ma l On or about 19700 a jettywas constYttar-ted ptrnrudiag into Town]3aabo rat the end of W1 at 7s ow the Assooiacion's deeded ememeaat.area at the expanse of the Awct 4"Ihi =d the Perad j Poo Co"milon.(the t'hm.owAar of,inter , the pMerty now owned"lxe'fbndmt). In 199},bytheabovedwd,thajettyonstot voyedtotheAssociatiaoo:by manho acgttired =title Sesta the paradise Pont Cazporadaa, Si�oae its Cortstnutiou,the jas be�a mined by the Association tsxolusiwly. • i I ' 'Dcf ndant rwelvcd thio by daed from Cbancy.D. Carey,Car=S' 8 Wwa Gary Sb*ia&Patna Ise.of Sou* m4 Inc., t;Uwan?.Salle%back,tndividuWly,and admninistraror the tataxe of Gilbm't Haltanbcr*&W&Oilman H.i•Iallenbeek,Demased,and successoY taitrt c f of tete Gilman.FIalleztbe&Restatatz of of Trost A,gradment dated as of April Ile Is which deed w=recorded in the Office of the Clark of Suffdllt Cotartty on A;dt 23,21002. The defbndiatt and her husband ttowtver,became residmts itb the Paaradtw FoiAt C=MuWty and r hmice members of the Amociadion is 1998. t 2'aho gmatom who caawyad the es anew were the prodeoess=in tit to t�e gmtnrs f who eonvcycd ft property ever which tbo am mens fuel f Is located,to tht de b2dent i 2 r r ' r I I ' S'd 69)-'OW -139Nti N31d3H SAMS3 Wd6b:T S002'TZ'03a ' ` I Defendant's lot was mwkd by subdivision as ahown on a sttbdivisiom UP$1ed in 196 : l by I�a thea title holder,Paradise Point Carpor ACID. All of the principals of Paradla Point Cot'pmtron ware also membcra of tht:Also 12AOn. SWO prior to 1961, z pre ate VORdwayy bas i Ctt;igted on tate"any is i:ssuce rulming froea the western terrtcinus of Bahian ad in a gcaura) �aoz#ltwwtmn diraation to tlxe dctdcd casement area and to the jen,located at t and ofthae east MCM are®. From MI throup 2002 when the d@fc dant amted a fcocc as tho roadw m�tas dF tb:e.Amciefion have used this pavan roadway for vahicular and. ac t o the 1►aero,the C Southold.Bag,and the W.Y. The l soctatiaa used the p vitt xo 9vay. ' issue ka petit veWole as incidental to tktc use of the Beaus,the C9021 and the* ;as A ittmitag for vdicies passing over Basks Road;as arcasa and ase by cont WWls tend• dug dredsft : ac&Was in the Canal and Bay;and fnr genual reareationat purposes. F wm at least 1970 to 200-0,the Association mt�lt>dtted-end;,anprovel he private r *way at-its solo cost and expense. Yawing the period hots►at least 1938 m 062,the Associatiesn ntairttained a sip adjacent to the private roadway stating 4-T? Point,Private Prom",leo Trwpwsing,itesldm is Only." ih addxtim the cosi of dh:ede t Bm duwa_s L ' b*c by ft Assbciation almost a=1naive ly for dudes. In May of 2002,the,tModVAgtt BCT! a tM leut r to Id1m SbIbing who was a•shmrrholdes of Paradise of Southold,Ira.,w e h torsed g Pemeat h tt mot m the propenyl aquadug pe 3nission to we the roadway fbr edging woxk sa"Um Town of Soa tld's mgoements far a dredging pastor. 3obu SJ=W9,whiles a weer of Patxdiw of Southold,Inc„AM the President ofllae A9sooiati gerc►1985 to 1 3,snd he his duet oapaaity he granted pentissitm to the Association to use the madway over t ; the.,p7topertyY to faatlttaw tits Azsodabon a dmdgbV aetivitic& I In 2002,the defendant obstructed the Association's use ofthe ratldwa and prev=04 M;MS and passage over that.private roadway by memtbag of die Aamociadon. Shia action ' eusuerd. c • I I The Associsduft's first cause of action is to determine the aalms of th des with re cd to rlta deeded eascmont. The defeadot argues that tate sodd=ly or W and aids of th de*%d Mesment cannot be datetmined by the deed hmguage alone and tbac Association sot,proven that the deeded esscment burdens the defeat°s pmperywitlwtt aproper mates `` =4 bosmds deseriptkxi. The Covet credits the testimony of the As$oCla don`s itltcssw aurid dedl that was submitted into m idents with regard to the deeded am=ctu, V bit is iudwymt it is*m by this easenumt,the pcavices to rho deed intended to give the Awciati 'Tree and i wibbstruotetl accede•(ti'la foot ears)to im Basis,,Card,bulkheads,cribs, j Ades.docacs, etc Alio Clow is the language of the dr-ed is av;idence Wet specified that the sou dy boundary o { ! the eawMeatt on,the Canal and Baaiu siert Ls the sborcli�no and the ncirflrerly b urfd4ty on the Sci tttoid Baty side is then ordinary WSb water mak. The deed did not rclatt ly to the ao4,txtarly aborslirie.or the nord wt*ly ordina y Dip water-tart t them exmng b m such line c I w*wet it ndghv theredler be located., aj=ofthe ' N�' � y.>,Z,221(1935). Ifthe defendant's conn ntionwere-cosruxt,then the in"in a • i w�tcrly.northwestexiy aad mrthaly direction along the shore of said Basin i rid Camal as id i 1 i I � i I I i J I I f i 9'd, 69)-ION -139Nd 831A3H SAMS3 WdOS:Z S002'T2'93a I . 'l . i • ' and ttrwxr,�., .to the ordintary bigb water m ak of Tr wn Id *O?. .. dwe in w t�army don along the 4sdit3elry high watarmark Of Town k3arbar...."would be s lttWA the tb pees wrav�have.tum utas lire solely by MEM and bauada. IL FW'hectnore,t trary to+� da ,It,s argamcnt,zea mmey bras uror•,sssry to fu t or defuse the easement as rcfrnnd to!n• the Aced)'bc=, "pbysioat mm=Mts�vhm denomiaatrd izip�&deed SUal1 p cit air those ' r5tao�tm eta a Survey.00 , the deed xlnSsilibsts an Jamtim t o 4rT'.'.'a inglrt of SW al jmougwrly sh mime where rer laoated so long ab it me m the getaeral dirwtion Vwacp of the 92 48 t 11t;n maga m.eMctuste the purpose for which the easenat was McMcd. Lod$ I iN.YI.2d"3.453-454,682 N.Y.9.2d 657f 653 (IM Xhus,dials Court lids• the Associafs ! bavSlid.dttd existing alsaem ova ad mass die subject p�tnisee owned tine defendaltt�tts i d%O*ed in the.1988 dead IWd tho d efmiftt is enjoined&M interfarbIg Nv tb the AasaGiatiou s r ; Mc xd possession of the am=cu t. The second cause of w1km is for a Presorlptive e==eat across dmP4 ate roadvn stn j the�deerlant's pmpcx y:ur=g from the wsatem tetmiaus ofBmin Road in tl i 1>ivt weswrly dlreetion to the AssocladcWs deeded easement arca trod to coo j ay'which prima into Southold Bay. I=defendant argues twat b=wma flat moznbcrs of the parS&6 r Poilbt Corpvtation aatd absequerlt o"as of the duet's prop"were all ofBeM of the i , i Ped 'etit>n,xno mob pxescripdve emsement could have beet! . T1vr de t,laowt:+rer, . cit e.apart whatsoever for ber contcntiotn that these JudMduals who w two ham(as m 1 tht a ez iz the Association and as=owner of tho pr+opetY)e#Fea4velY Prociud om . =ation's pre pave easrmatmt righm as crated by those 0219=Of die: iatiau Who 1 wt�a not also owners of the dofeadaes pmpcM. 3udetd,def�tadant's ergu,N would I nzc�s only aesult is a irrrsaab of fiduciary dt ty w ths.Associalioa by tdioae of in tft Agadatkm maiutahsut8 dual Had incaadstml roles, •�erafore,the Court dcfa:rarlaot's j la ardor to establish a p ee emenezaz,t'he ptgponeat of the a cat mast prom s I by Isar aid oonvivft ewidrrmee that the um has been adverse,open ssad notc rious,continuo 74 i ' etrtr �Luf0tetritptotl for the prescriptive period. Revn,kin v1 Chemton,251 A-D d 4499 V, N.T.8.2d 409,410(2d Dept 1993). The ststuWry pe ad is fifteen yM for I vso tit. i col♦ m®ced prier to 1963 and ten years for a use that cora amend aftcrwards; City 0 86 A.D. 118, 121,449 N►'Y.S.Zd 116, 119(4th PcpL 198x). When the casement has been shown to open,notOAO , cua)tinuaus and uadisput4 it is presumaal that the use was hostile,and tae b etl sbfits to fn 0pl�oneat to show that•the use waa pcmi ssAvel ftmA=v, Cbernton.251 .2d at 449,67 N.Y.S3d at 410. 14 however,the oppomemt of the easomem establishes that a reladunship bc�tneeta talo user tuA laadowncT is one of cooperation and neigbborly otlatiefn,the pr ptitm is lost std the proponent of the easament must show that the-use was under o of right.sad adverse iia the inturosts ofthe landoa►=. 258 A.D.2dd 6 05, 69k 625 Y'.3:2<L 318(dth Dept.1999). t ' f The Coun aw im the testWiony of the Asmoaiatiotn's withessas and of lite d0f9n It's ' 4 • s � i r I � I i . i 2-Id 69L'ON -139Nd d31J3H SM3SS3 WdOS:T S00Z'ZZ'03Q_ � "UMOS such 0]oIM tbol Sis>rfing. All of the feet v►itaesses testified to their a as well as K pmt's'(OMY of whom were officers In tbs Ascociadou)and ohildt'atb am o,thea privy 'r° = Tb&Y 4eed tbia saadway for recreation,to reach tha;ecty smd wa wbM many Ib or to swim,for ttppt+ouimately iQ*yearn all together,ftM the itteepfi of tU Aaaooiati wd)the deferndant exectedA fence in 2002. In particular,rave testinro of Scalialche�tt r mferted to as �Scstlia'q demonstrated that the Association leas met is burden of { pm'1112 the 01=4 is of a P tiPaivc eaaemctst, Scalia tc►tii'ied that he b m ni car in it : tAs6�ttistioa is the 1979s aid I983,cad that he u=as a member before sod a8 that time fam I oil 41ated that the Association maintalaed the cafe headway is distpaW from a end ofBasin lRoad bysnag+plowing it a;ad uaaituag any,rep size. Ivloteover,be and many nth teed ibe e that ' f h cxadaa waged and paid for the Canal to ba dredged every vne to a Years,and the' tinging activity utilized the roadway in issue to move the cranes and/or c�to the b¢dfieaged which Was at flte end of this toad. no gntrics would nae Via road to remove the I ss�tu as wen. Thi 5 om=md at lust ten to twelve tilt m+since 1981 alone andsbr�to tale s 1 1560'x. At no time damns Scarpa's membacship in the Associ$tirtn did lie or` ar>yon a ales MP ever estk for Aatzni9siOt to use the road. Indeed,all of the w' es tetttifred tlu sdon wag a "r son&fi=the s of the o owuet(l >n p� In bei,scat believed,as di� Assaci49n s fact wltaesses,that fire prirvate'roaftq in question w "out road,"that• e abd all the hommummss had a dight ofpassago over it.,, live"those vritaosses v ibo bad acquired an interest is the owttersltip of a property int #Mu$had cover requested permission to use the road for rsat.'reotior4 or dr " activities u �Ewp of the Association pior to acquiring their owaersWp interest. Futth or=.niter 0cg4ditS an interest ra the property;those wuaesscs•who ware tw'o beds did no rectave auy h Sar permission to USC the mad olid never vetbaliy comr-Mvicatedaqy p a.to ! thus to use the roadway prior to 2000,long after the standaryperiod hadbe fulfilled.{ For otacee,the defandant's witness,rohn sinning(ltereina8t reftmd to ens' I testiflocl i khat waq as officer ift the A3sociatiotl from 1981 to 1993. He obtained an' k0ho rugs(with Ed Boyd through the erMlion afPatadlee of Southold,Inc.)in 1 85. Prior to 98 as an offloer is the AS906340n,Sinning was involved is the dredging pre cess,ad he tree tnquested peztoission to use the roadway in Issue frcma wwone. Atter-he I ecame a pert �+wn*,he would give perrztisdog is biruwIf aoth4 ore bohalt'of the Assad to est the Ltn;ma, ' ay but it appears that hi;never oomtenwicated that permission to anyone s, While } id fastness ern;he bad received reg4esk3 for peemisi to to drear aar 993,ao speci#ict� t100 was elicited and it remains m mIcar W aa hO llad,atade titers reqU==f5 Witett they Wes e dt 1 '1'hru4fare,tht tasftony that the Association used the roadwary for for various ' ` i t7 here is evidence that the Paradise?aim Corporation may ban shored the casts of d, at some time during the 1460's `While it remwns uaelew whether the.4wocisotiou is asscrd%a Inc ott le roadway prior. and thus must show Ci ftcen years to satisfy the statutory petiod,both p have been! ds hbees ed by the ibsthao1w ai-trial, S I I i I i . i 11 • I 1 I 1 i l ' I 1 I s ' 8'd '69L'ON -139Nd 831d3H S713SS3 N4&S:I —S002 12'03(l — — ESSEKS,HEFTER&ANGFL Counselors Attaw 109 Past Main Street F.O.Box 279 Riverhead,New York 11901 (631)369-1700 Fax(631)369-2065 PLEASE DELMR T$E.V0LL0W]WG FAGES TO: Name: Board of Trustees, Town of Southold Company: Fax: 765-6641 j I Frons: Anthony C.Pasca '(`�' f fl 2005 ;l DEC 2 1 L Date: December 21, 2005 Subject: Application OfMary S. Zupa Total Number of pages (bduding cover page) : 12 Continents: If there are any problems dw'49 this transl ission,please call sender at: (63 1)369-1700. I The information included JIW a is not inttnded or wtithm to be a'volding Pa��that the ME may un Used,and it cannot b a nasi,by any t�paycr for the purpose of � PUW any�Ielated matttr addressed herein (The��'nor for the purpoec ofpromoting,martr�ng or===aiding to another � Regulations,Subtitle A,Part lo). cB�B diselosuxe has been affixed is eonnaction with Title 31,Code of FedeW I CONME NZ7AS,I'I'y NOTICE: The documents accom ;ZCh is couAdential and/or Ponying Buis tcalecopy transmission contain inf I flamed oa thus ��y Privileged. 'The inf�onmation is intended only For the use of tba individual or curl transmission sheet Ifyou are not the intended ty 1194icnt you aro bnrebynotified that an Role distribution or the taking of soy action in ren uoe on the cnut of this led that the docwments should be ttlerop hybmsaon'is shi ly Prohibited,an returned to this i rm immediately. ]'o this regard,if you have received this tsleco Please notify us by telephone irnmediateIy, py in error, I I I I i I — t'd.. ,, OZZ'ON -139Nd d3133H SX3SS3 WdaS:i S002'is'03a ESSEKS, HF-F•TER & ANGEI. COUNSELORS AT LAW 108 EAST MAIN STREET P.0. Box 279 1 RIVERHEAD, N.Y. 11901-OP-79 WILLIAM W. IEgSEKS (831)389-1700 i MARCIAz. HEFTIER � WATER MILL QR)`ICg I STEPHEN R.ANGEL TELECQPIER NUMBER(831)309-206$ MONTAUK HIGHWAY JANE ANN R.KRATz P.D.BOX 570 WILLIAM POWGR MALONgy WATER MILL,N.Y. 1 1976 CARMELA M.D1 TALJA (631) 726-6633 ANTHONY 0. PASCA MICA S.STRUNK NANCY SILVERMAN December 21, 2005 LISA J.Ross THEODORE 0.SKLAR OP COUNSEL Via Fax 765-6641 Board of Trustees Town of Southold 53095 Main Road, P. 0. Box 1179 Southold, NX 11971 Re:. Application of Mary S. Zupa Dear President y_MpW i and Members of the Board: We represent the Paradise point Association. We learned today that an application I of Mary S. Zupa was scheduled to be heard regarding plans for to her property, such as a revetment and a new retai�g wall. I havenot'Seen ttbe P�for the bay-side £ ' the proposed work. As you probably are aware fronspp prier applications, the Association has an interest in the subject Zupa property. A lawsuit between the Association and Ms. Zupa resulted in a d,ecission of the trial Court(copy attached) and an order of the Appellate Division(copy at=bed), both of which upheld.(1) the Association's deeded easement over the basin-side portion of the property; (2)the Association's ownership of the jetty extending from the i Zupa properly; and(3)the Association's Prescriptive easement over a roadway/tom j on the property. I i While the Association does not oppose the subject Property, such as by use of a revetment thea Association asks this bayard to side of ensure that any plans,for such protection respect the Association's rights in the subject ProPffy+ particularly with respect to the Association's jetty, which borders on the bay side Of the Zupa property, and the "turn around- area of the Association's easement. So long as `--•—z'cl 22.ON—. 739Nd H31d3H SAMS3 WdES:Z sooE'tiZ,ma I I I ESSCKS, HEFTCR & ANGtL COUNSELCAS AT LAw I there is no interference with the Association's jetty and other ro Association has no objection to bay-side P Pero interests, the Y protection for the subject property, Again, we have not been shown the plans, nor was the Association asked to consent to the Zupa application. (Such consent would be re directly affecing the Association's • d the P�proposed any work JAY easement areas), If the pXans show or will lead to any interference or adverse impact on the Association's 'e and Association objects to the jetty easement areas, then the J granting a any such relief. For example, if the retaining wall Proposed by Ms. Zupa adversely impacts either the jetty or the turn around, the Association objects to such a proposal and will lake whatever me Associations asures are necessary to protect the Property rights. This letter therefore should mot be construed,as consent to Y particular pians, but merely as a general statement that the Association does not oppose bay-side protection for the subject property so long as that protection does not interfere or adversely impact the,Association's rights. With Wry ours, Anth ny C. Pasca C:C: Paradise Point Association, Iuc. I - I I I I I I I I I I -'d --Ozz'ON -135Nd 631J3H SA3SS3 WdES:S S002'Z2'03(1 L 1 ��• �4 � • —r r� • II ,.Ya4��• arVy 1 = ! 1 • 1 ! jQ1tA iJA�l;DFSCtB10N =EX NQ.2240vom J I StUS PART X SSbF� ��+OOt��MWUNTY 1rA&nc)N Ito. read=Tdd T DW110>v 1 .3�RADISI: OMT ASSOCATM;INC,, F �k ?AcNnity-4iQ%P.C. 114 Rumlob A.vemue Pt+.ens9A P.Q.lka 7S7 r $,N.Y 119 4 roc nreWcr Wickham,HICU2eraPC i W tYS-ZUPA, 10191 1,altoed P.O.Box 24M l�efer�nlmt Mslbhu:&.N.Y. 219 ? f UpoiA reading Wd Wing the following papem in this matter: (1)Plainti rs Proposed Findings OUH&laud COnclusiOn afLSw dated March 17,2004 by plai2ttiff;(2ps F of t I an4 C.-InchrsWn ofLear 1000ivcd in this Court Marob 22,2004 and suppordmg apers by dam;(3)06fettdant'a MearOtildm Of Law in Support of P'raposed ri 'nga of Fact and I Co;cru =of Law dated l It 19,2004 by dokndaut;(4)Objoedalm to FI s Proposed. ,Fi"UP and Fact sad Conclusions dated April 2,2004 by do&nderit;and no I UPON 13LTF DELBERATION AND CONSIDERAMON BY THE C i]RT of t� I for iu I is d decided asfau s=cil trial held in this Court as February.l i,2004-Febxu 26,20ty4 the 'a1 c l O EItED that it is declared that the plaittdff possamm a Valid attd j Kisft eadem� j ov6r mad amss the sub jert promises owmd by the dofmclum as de iodbodiu z 9B9 deed w 1 ! P tii dcfet�dsllL is cgjoia>ed from interth::ing tiv the plainfUrs U81 1 and pcssesslonlof the,easameW;it is#iirthmr ! i ORDERZD tbat h is declared t11at or► r and acmes the plaiati 'hes a valid and eai,9tilis P Won e t 1Srivate Madway On OW subjtUpremiscs ownod by the d m ! from tho westgm t+ minus asasin,Road.in a gaaeral northwmr�# T di�recdon o'thepleindfre ! deeded eastMpttent area and to the jWW toeated at thb end of the deeded cascm area which f PrOm *into SoudmId Bay;acct it 1a filrtbertl 1 i •v. I ! i ! i V•d OZ)-I ON 339Nd 83133H S713SS3 WdES:Z 5002•T2.03a 1 i ()"ER" dMt the deft musk remove the fence blaching the ex go to that � Vato xoadway and the def urian is�oiantd irxierthr na with the plaint; r.proscriptive het At'Zights in the PAV�to �y . ; ay in issue;it is:fiuther (7 WEfRi D that the daafet cMt and bgr age=ere barter fvm all cla3 to an ostate or i isates:sa in the jetty iut diaptxte artd asp etij0gn8d fmm intmfming with the plainti s poweasian ! that j e�,it is fnt'tber , �}an a aiORDERXD that the pltaittti A directed to serve a copy Of this deci ' tri j udgtntent i A beach ttial vas bold lye this Corot in Febromy oaf 2004. The C makes the i folluwiutg fxacikP Of ffiotv Trig plaintiff Paradise paint Assochdaan b e. i as the`'Assacia;fott'�is s tet- , (h ttsr rePet*ed f'ar profit oMoratian thpL has existed as a I m %area's i 'ade:ialiorR siutt 1961 ft the benefit of the paradise pout Cafim'unity. Mena of the l Asdot~aiiob are these,pmons holding title to,r 1 • propeny in the pies as Pa�dise Fait,Town ofSouthold,County of Suff'oik. T'ha defandmg is the oamcr e)f P*b� Ienown ss$80 B Asir.goad,Southold,by deed dated April S,2002.1 By a dateda� ' e 11R1y 23, 1989,the Association received ga easemmt&rxos8 the prea�mise�s w tad m def laa�t,= The Assucr akiaa's decried orient=atm nw in var iby of Basin Road ai the widtla9 m the wester i dithe bodies of water]tnou��as Br io sari the C c deftndatit's yrop*), �the dMMIh a I WG*4 botmdanos oft: defencig�,'g p nd baeh f=n the gen soudum sad (Abu lmoWM sa 3ottehald Ba i' Y�,atautad to t ie jot:yprotttidin into Towstl3ar QW tMcm is bounded 4ongibc sborelino oof h eTown B y nd='5 property to Lbe �Sh WILt mea ! tary 04 or gout 1974,a jetty waa cosrstruatedoftdin kW Town acb at the end of w w .A,esoc�oa's deeded aesement area a! the exxpensH'e of the Associad n�the Perad e Corpoirotian.(lbs thea.owaer ofj=jbthe props rty now oumed th de 19t3� b the above by 'tbndano. in • k do4 tip jetty was conveyed to the Aasaciationwho acquired gran E th*. title fm the Paradise f'oiztt Cmpo=don, Since its eons"cdoq the je hes bei tamed by the 4.ss6aie on owlup,voly, i Straix e,Dofcadwe recctved tale by deed from C,,bmay D. Curry,Cwret Sawa t� Garj► > , aradise of Soutilufld,Irtc„ Gil=1,Hd Iefteclt,individ"Iy,sad administrawr o f tine Raeai,r afOlIbe rt HatirmiaccA wk&often[i`. allenbes D ()ftC:iilata�I3allcrebt~c3e Restatorcottt Of Trust h' ccea�' and ®uccessor twist rr�eorded in the:t?ffica of tame Agreement dated as°f`�i 1 , 1999,whteh i de. nsdant and Iur husl+a>nd be C of Suffolk Carroty ozY.AlpAI A 2 2. The w�,berates tits its Me pattudisa Point C t I h members of the A.ssocieem in 1998. !y and i 'ThagtAntors who convoycos ars in tits to detstors whsy s t easartanz were the paadeacess PmP�Y mer which the ea tit tzself IS located,to the de mdaat , I I i ' I i 139Nd N31J3H SAMS3 WdbS:S S08Z'Z2'13a IJafendadt's lot was S . created by anbdivisiorZ acs a#towu an a.subdivisioaz aA hied im 19d by a thea title holder,Paradise Point CarPeratxou. All of the prir►ci13 of th Paradise Paint i 'C40=05 watt also'mmnbm of t �he nwotstxcn. Since prior to 1961.a re road%•aybas eNaagt ed on the praperty in issue zugaing from the western temlinus Ot'8ab n ad id a general no wostnt'n di:roerion to the dacala d oaaemer!t area and to the jetty lmCBted at t and aftltae eas=tnt area. FXOM Ml through 3002 when the def=dartt e=tod a fence . as the:vadw Sr, mesh=*"the-AsaWALU to halve used Us grivate roadway fbr vebieuinr and man to the S9*6 the C:aaa`,S4uthold,Bay,and the jury, rtte Association tamed the p tc roadway i :save:to park vehicles incidental,to the use of the Hama,the Caaoal and the Jett ,as a fuming ' ' +for vebuales passing Qvor Basin Road;as acccss and use by coma►cm coaatr - g drcdging actMfics in the Canal anal Bassin;and For Smarat ra.Lcroadanal pure,330s. s ' i FwW at!meat 1970 to 20D21 the.Associate m nuq m ained'uttd improved he�rivafic l : roc lwaay at'it t sole east and expanse. During the pm iod from at least 1 58 to 002,tip : AsaoGiatian mauttaiaed as sign adjacent to the private rosadway stealing'Taara ' port,isrivate P 4S No Tresp;aming,92sideztts poly:' In additioat,file wst of dyed I 'b'3M*by the Association a]raaost culusivoly for decades, In Maty of 2UO2thtAlmodationven as i3i:q Ichor to Balm iag WhO was A-Shaebo]lder of P"is$of Southold,I=' w 'ch owned a tw ` Pa'oft k t'4vot in flat property,MgMSHtag P&Mission to use the roadway for adgirag work hat OPO thea Town of Southold's regtilisements fbr a drodsi�ag Permit. Jahn while a 8h4I&0Max of Patadise of Southold,Inc.. vM t'ht Prosia4eae aftha:AseceiQtI Som.1985 td : 1903,and in ills oaapaoity lee g=tod paaretisslon ip the Assaciatiota to use the maaltivay ov r the:prOPere.Y to faeiliuum the.AasooiabtoWs dredgWS aotivitie:3. In 2402,the defendants absaswctcd the Assacistion's use of the roea3wa and prevented mss and passage over the private roadway by members of the Association. '1`hia action 1 9n . i l ! Thr Asaraciattion's i`trat a:aretsc ofaction is to detwmina the claims Orth pasties with regard ao the deeded easement. The defend=argues a= 8011t<'wly or so silo of th • II� deeldeai easement caattot be detctmxnead by tae deed ladguage gigue and than Asseaiation 11101 PT("that the:deeded ftmmcnt bWons the defondaWs an + anq bomda desw*dm The Court p P�7'wYcivv aprop�motes f : m1dits the testimony of ttto Association's 'encases and a au3d into cwarlatoe with xa$ar+d to the doeded easam=. t is indlspu to Ic Iunbbthe Patties to ihe deza intended to give thea AAoraad `tree and atrueted mess-(via f0m&ethic)to the&Wm,Cm>al,bu&haads,wibs, j 'as, t ! ALao clear is the Un9up cif the dead in cvideacc that specif ed thaeat the south I b rail � she.'memem on thO Canal and Basin side is the,$horoli a0 ad the norther b Y dary o So thoid Bay aide is ttea otdwary bi vrafasr maarlc. J'qac flee 1 yoa�awly s�orellne Or the northerl 'n "deed did Act rrlatc )y to the ! w Y azy ht water malrl then exW b m lleraver it tgight'thet er be located.. ,rt w n$ arua le liaG 212'221 (193S). Iftbe defendant's coTaaentioxa tivete cotnxt,tbezt tltG ads ' �.•Mth SLI 7.G # wosterh,no, wosterly and�oxtherly aitectt�alau9 the dwMe of sant Bolin d Canal as it t . 3 • I i — —9,d.`-.02.L'ON -139Nd 831J3H SA3SS3 Wdt?S:Z S002'T2'03Q � I ! I1 �►u and tura 1 . .to th4 al'diaAi]/12fg11 w&W mark of Taws EarboT. .. th+atc lltt��1pBt�s► J ► HQ11 along the=unary high water=a*of Tow[►Hatbor would be a lus�pC,aria tb i wow have run this lire 901e1y by metes and boul:48. 1OL Fbrtltenuore,cotzttacy to the � �te Ont,ao SUNNY was My to f defuse the eaamneat as referred to in !shon s a ysital m urn tits vvlttlu dchaoroi3lafod iii a dead WWI p oil O%W those The deed ttltfesm an intenclOtl to great a right of Siongtbm 150*wlY Showliae whawer located so long as it meets the general(dutuctio awaep of the de a 11ar OsOO to• Metuate the p.upose far vWch We eafinenmt was created. v 92 i fla.1;.2,d 3,453.4a4�682�1X4.2d 657 663(IM). rM,this Court finds ft Assecigti IIb.ss valld.attd igtlniS eaaO» tt over a >mross the subjoctprmnises owned the de hndgm. as i f d het!in tho 198+9 dead and the defendant!8 aajoined fi=ittGerferirte wlabl.tlle Assooaefiom s I usb)md possessian of tho ads=ettt' t1 t ' ! The 409*a+d cause of Action is fbr 4 prescriptive asLwant a=w tho pri ate roadway srn t ofertdant's pr PULY ttu�ming from the western carnes of r ao i9�n Road xa a y direct1a t to the hsmoCiatiott's deeded erasellaent arm$and to rho j try whiter . proodrs inttq Sotuhoid Bay. The 40felada9 argues that bocstme tt meoortbt ms the Psradisa j PON Corporation ad subeap=t o'wxt=of the d'afbuftt's praparty weto an officam of tha f Aelod Won,AD such prescriptive eafi=eat co194 leave been armed. True def, t,bowever, fci<trrs no sttppott whatsoever for her soatentitat that these;individuals who w two bw(art an n CT fl)the ASSOciatlOtt and as an owiw of the pmperty)effeotivel ecl ale A:s miadows p:+escri +ne riot YPY Pti rlts as t;t�eated by those o�c=of tete riarion who nr.a201,81ao owneM of*tae dofendanes propczh'• ludeed,daWant`s er would esew*ufasult in a bN90h ofridtaeiaity ditty to ft Association by those in tho A'9 maaiata WQ9 dual read inaonsiseCttt rolcsl Tberefora,the Court defeftdwg,s ! i co#tantkm uafeible. J11,order to establish a pz cripdv+r easeme the pmponwt of the ens eat,mast pro by W� evict tetthe e has been adverse,coca and acus,cantina E I lImtoo l�.' 1S.2d 409,414(2d Dept. 1993). 'flit M11" f ri 251 A.r d 445,674 � y�for use thatCol. Od to 1'963 p4ud tea years for a use first ca==ad afterwards; g 1 I Adma 2d 116. MMM 86 A.D. 11 8, 121,449 N.'lt.s, 119 04th Dept. 1982j. Where the moment has been shown to o I oat tuous and undi*uted.It i8 ora mej that t$e use was hassle,and rbe nshift t ; s• '! o ertt to sow that the use waa ' hsiva, o . N .81 at 410. IX how ,thet 251 A 24 at 449,674 bet areae the user and o 'OA t of the easement estabushas that a relaticulsl:ri�+ dowser is sue of cooporatlon and nt4hboriy►sacs odalion, the ! ' Frl�uimptiab 1s Inst arta rho proponent of tho easment must rbw dist the use was under alai of rig it�xd adva ' to the interests afthe landov�►=. j 69�;,66s N.Y,3:2d 31B(4tb Dept. I999). 258., Dad 6 i, j ! i The�pp�cmd'ts t11e MAiY!]OBY O f 4m Association's witnessc&and tba of W d els i ! 4 I I i I 1 J ' , I I i -139Nti d3133H SA3SS3 Wdt7S:T i 00z'TE'93a I L 1 i j 1 • f I � f '102Us NO as,low$inrtittg. A6U afthe Error wittt�es testified to their a as tbwf Pis'(�4Y of wvhvm wetto at�cars m the Assacastlott} tttul t�td>•en'g $e oWen a A flus ' �' ''$Y They used this towAy ibr zstion, m re th a° Abels or to swiaat,for aApmximately fo � Y smd waterw y'wbft=Any JIuntn#gJe �Y Y ell together.S'om ttre ittatza�y of the Assoriati �+ (h*h t ,$femme in 2md) . 1%gartiGular,the testimo of , reftsrad•to +• �Y Ssal�ia i as r=,*P danO=ft- W that the Association bas inert is burdrn of jpro�iag the�omerits o f�pt'escritptivE+ tncat, Scalia tessiib?d that he becam1.9ss�eiatlan iA the 1970'3 store! 1983,and that he was a member before and aft �macer in ONO by t�od that the Associadon mWntWned the entiat roadway' ysnow plowing it d m dispute fmm a and aFHasan S . ma ng y reir,�ics. Nla rover,he and mien oth is teati£ied that i ;fie���icuc arrangOct and aid3 for the y . ' ue dratlgirtg activi u'• P mal m be dredge4 every 044:to ty Wtzed the roadway m issue to move ttte cranes and/or ch t D a,,e areal j �° 8a1iiets was at t enrtd csf dais mad. Tt;e ta�ttcks would rase the raa to remove the lepu�� as wall This dceutred a eatst ft to twelve tbottes since 3 937 alone, acrd sa thG L'99v7 s. At no titer:deat*g Scalia s raae;rttbvrship in the.AmociaUon did he i Es,`3 ge evet far petm�iasiou to use ttte toad. Indeed,au of t9he w' as testt�edsioa was evessoeitt frcan the owtOs ot'thte; XU t 00 'tha Assiatioa'S fact witnesses drat they PmPeriY' 't"'S bevevedr as di� ' 1 a ltd all the horny f Private ro tray in gtteatxoa w mut road,,•that wnLts had a°'17g�lt ofpaasage over it, kvea1 those wi ijwu4 had in ne�vet' ranges wlna b�sd acquit'rd iaeterest In the ownership of peaPcr<Y meq--ted penxaissian to use the mad for rent eatios;al or dredgi aetirritim as Geta of the Amociadon prior,to acguitiug shalt owne tshtp►uttaotost. Furth rY, ' ORWM9=rtYU=L in the ' Y, tbvse Wttttaaspg who ware tw o hats did no teoeive soy far perugsaiott to use the road sd never vtxbaUy comm.ttn icateed any p tin I other to rise the roadvray prier to 2000,long aftor the$tatutoxy Pm1od had be fulfnlleal.4i 1tastapcc the defer�dant•s witness,Soho.Si=jng For re&zrad to as )�testified � {fat was ea 10$car its the Associatied Som 198110 1993. l:Ie obtained as in mt*in tlzc > MP (Idth Fri BaA tbrou*the mateon ofpatadise of Southold,Inidec 9$ am art alYioeet in the Asserc4aon g. r neared innizagwas involved in the dredgs,acrd he el p=nission to use the roadway its issuer firm an e, After Pers dsWon tobyta►mV acti W all behalf ofthe A,�o use the 67t ay.but it appears ibat he;n"Orcoin wuWcxted:hat an to an �� did testy�m its bad t+eCeivetlts�ues1faCrmisP WNi fb anon was elicited and 9t tt'alt�Unclear Wha had made thees taguafter b a thy wofsd , ThetaforO,thO te5fi�tlo�ati}�that the AsaoaWon used the raattvvay fofor varxaue i 'fibre is evidence drat the Para&se Pcint Coaporation may have shared the;aws of � red at some time during the 1964'e. i "While it tnosaias trlq,Clear wbalher.the Amciation is { V 19 '3,etd acus must show flficen. eats to satisfy the statute a tree of taac;yt►ay priori �adSho d by tlra testimotq•a,trial, Y a►'Y period,both p ds have beets: 8'd OZZION 339Nd H3133H SA3SS3 WdSS:T S002'ZZ'03Q f • '.S' I 1 I �. ..��.,. •it� � � P i A ' l puspasrss wid out avar obtaining pm-rWsaxon Mains iu rebutted. ( I ; I� thesmore,the,association's witnesses establithed fast for many y the!Assnciati (ano the ftudfso Point cwpM-4dM at some paint in the t 960's)paid a ptivatie security arm tG patzol the eudm ams iaclu� I insto�,o�a]i ' g thin roadway.. In add��tian,the Ayssaciation psi for site f ;z gt an titutu-aroundxbiatt of titer roadway,and itled and maintained s private PrOPOW Rigs at the beginWlig offts pdvsto ro®dwayfrom St least 98S. i Based uport tho teWJ=nY at max,the Assoclatiats has establWhad by c ear$nd coag 8 "ones thAt the Assooiarikt, JbM9h its ofcerrs and xa mbas,has used dda wsy far ata `' ► :bo edt for well beyond the ne euwy ton ax fftem ye=,that the use was t auaus(at letset 8ea$onally if not eonsfa;itly). Thmfort,a Mmoption ace that the . atxverae and the burden shifts►to the deicr&mt to eaWbli:ih tlt9t 1ho use wpGrrninSiva. Nvis"i.Ph. , uir.,et al..27s A.D.ad 7 1,702,713 , i Dept,2000). The d$feudaat argues that#te use was with permission from;the in, slsxG to 1120 f t i I that the of;ticots of tb�a ParadisePoiststt Gotporsttian and the subeaqueznt vazaaus�ovM s of the ln4P A07 in issue wM all M b ase ata and ofiicexs of tl1C 11.as3ociatioa. Thsrefo ,the defrnd=t w4tendst,the Assoc iatian does not resp rhe beufit of the pxes=ption and asci must sbow� i gf'Matins fectS to establish that the use vas sunder 8 claim ofri jg t and adv a to rhe int of the lgVdQWtrears. Not all of the ofi`icen of tlsa Assooiadoa�however,wac in a Cozparlank , i E not all oftha officers is the Ammiation b4d an itawL.5t in the property rid by the ens eat f ' to Auestiosl, Ths defendM b9a fhiled to demon4max..deet because some ofc of Ilse A*ociation dMing the msrsssyr dorades aver wbich this ea==t evolve won two ,ane o 'son'aFt$e an Asgsmi$tion and oils w stn owner of rise abWty of ft ods',er officcm oftbc Assnaiation duringtheses s to they a are►des�roy� e *cars to creato assatpMWd.P*G ! et rlt ri t5 ott bexssalf°oftbo AeSOciation in M toadwayl ftpecklly in th absence of esay! ! : Pio£that pet=i6sioR was 00MIlMicated to these non-owmtWdc fa0W3 of tht soeiation. Vl at is lew shat the testimony afall the het v►itnesscs is that l=generation to inion,no oc t ught tim y needed petmissi6n to use the toadway for qty reason. The believed they bld a f ; sleet right to it,=d no permission was aver cosnanttnicateet to these amoel�5l on-ovyu m of thi ' Fp: e wily time that btd;ef seed roa c i QVvnms'hfp Might iia the groparty Even h was vs�tsste the witness teuirts:d auas 8 { tbm h0v<<everr,it agpesrad that or,Bul the o b i steer st mutticsrted petzaissian to say dtiwr officer of the Aaac ciadon or- ad,to anyone U44thd roadway. Not abs,a ny owuer at.any luno try to atop those d#l-ttroi� a4tto&W.rs e e Asseteiadou$►4m ueiag tao zoWw.ay. JA add IDA,the Association shoLadered theb I i ! m�"aY for decades. 2t soden and expense o#' 'ntaiwing the ! � Paid for eaovs+remorrai,secutitj;Iighliar►g,and used i nsnwmaratM tun , ' Il}tlupugh its sttentbM�utd officers I,retav;stiion Abd to ftilitate thsa diradgiq� f the wsteAway. c fact that the As9ociadou shmmd the costs of this roadt un,tu ' that czalu.�lvely mwrdnitsed it.astablishas that its use was n >�emly a a dam te]y 1970 ad ter ! f 6'd 0ZL'ON -139Nd d31-EH SA3SS3 WdSS:T ;SOO2'T2'03a I :�'•i y� I i .RIF3 i I i fta"rnodation on tae part of the deftdAt's ' 1 ,rP agumptioa of ad�ereity ra�lm, invade sats in.title with the it t f the ' hepta 198$}. I'bc�foc ttYis�o la2 "�,�.'d d6 ,663,5 I X.Y.S.2d 9�( d COM iaalcde that the,kssaclatian basis suw=ded in titan 3rd ' � moment Over t?tis Matdvs,�a�►tc�be�rdlized by it �its memo �r tiu se` t ;iorK+iiich lite Asa } i dation was cued,the use p cad 00yMant of tho , : a�16Q .pint�0 r tnartttdty® k�'taily�,the(,'attict a41Sd i"ihds of ' the A860 �Q►oa hays ;acd#a to determine tho par ic9 r*tat to IhL et >��'en its ccse fits�Zd cause o of tHey,�sty b3't6uo deer J tY The,Assortiahon bas astal�Iia� ad its Qwb ' � 10 cv'idenoe caned 19$9 in which the wtaaers of � ; ded to did canvaY their t2 ° fbc•ettY clearly , 1 Wk to the jetty to the AssociadolL The gave constitute s tho ditisi4n and judpl f{of this CDUrt i E i ' I • I ' fid:0CWher 27,2004 I ENTER ' t ���•�s+��ITiDIV , II� �1YO1!•�T�� Oa�BTlaIY I a The defrndam cites to I $d AD.?.d 114,449 N X.S°fido ow r u°+ssQcia�tio>a away not assort t{p(d�tDep9bz X18 p�pasi on�t'thC P►reascripdvaa easemedt of its rrtesab for their ' �YW use, IbAt case,however,does not qAnd wh a proposition acid is ppo6 asiA bat cease the Count fol nd het as the Ho�COY4 � oitardous as aativC capacity and aaa�Itbc1' ar "only its i ' a ion 16 0"b�,abF;it y aCt rr>ascrt a dofCOS gpr or C l s t to is lite ptapargr e�calaim baste b eth•" TA this A&xcioon is not assertin v alt.. . va e cue,the f a�ogl:d atcmatice of its nd hers which it ISE no I o oase��t 'guts na sante a rt l a peparatt legal entity,is aes t+v do;tipoiatian itsel , mcnt CM I the Assa�ion will own the sigh o the Atea�c rtat ihb andiYprMcdpove�id nda tbc�s in bchaZ T�ays' ' p== e i . Asap tical malar,however,the AwciadOn bas too inc cadcut iaoti a tihrr i[s meaab�ad only wrists as it „ � 'astc>taup It bpbetaa use amd a appears fitim its Copstitntto�"to support it e4ap pent ofthe Paradise Paint CDAU*41mity, Having such ! ,tan only 6e>rbilued bY,nombexa o ra&=Crtt right,' I . I fibers°use and en'o f tha: vsociatia n ibr the same pt e-the I �or J int wbWW it is-to dtcdp do Basin and CaVW feu t I I I W I my other recreational use. °xennbas trsc�f i 1 7 k i I I I I — QZ'd_., 0L2.'ON -139Nd N31d3H SA3SS3 Wd9S:T S002'Z2'03a � Paradise Point Assn.,Inc.v Zupa(2005 NYSlipOp 08092) Page 1 of 2 Paradise P®iait Assn.,Inc.v Zupa 2005 NYS1ipOp 08092 October 31, 2005 Appellate Division, Second Deparpnent Fishedy Ntw York State Law RCRQWM$uz.q!4 pursuant to Judiciary Law §431. Paradise]Point Association,Inc,,Respondent, V 1%Ur►S.Zupa,Appellant. an action, inter alis, pursuant to"APL article 15,to determine claims to certain real prVexty, the defendant appeals from (1) a.judgment of the Supreme Court, SufFolk County (Catterson, J,), dated October 27, 2004, which, after a.nonjury trial, declared that the plaintiff possesses an easement over her property as described in a certain deed and enjoined her from inter ring with the plaintiffs "use and possession" of the easement, declared that the plaintiff has a prescriptive easement over a private roadway ora her property and enjoined her from interfering with the use of the easement, and determined that she is barred from "all claim to an estate or interest in" a certain jetty protruding from her property into Southold Bay and enjoined her from interfering with the plaintifi''s possession of that jetty, and(2)a money judgment of the same court dated November 5,2004,which is in favor of the pla'ntiffand against her in the principal sum of$6,935,representing an award of costs and disbursements in the action. Ordered that judgment is modified, on the law, by deleting from the first decxetal paragraph thereof the words "and possession';; as so modified,the judgment is affirmed; and it is furtiaer, [*2] Ordered that the money judgment is afNumod; and it is further, Ordered Haat one bill of costs is awarded to the respondent. i http://www_nyc arts-gov/reporter/3dsedes/2005/2005 08092.ht. — 12/21/2005 __ _ TT'd 0ZZ'014 '130WU N3133H SAMS3 Wd9S:Z S002'Z2'03a ParadisePointAssn.,Inc.v Zup a 2005 NYSli� pop 08092) Page 2 of 2 With respect to the cause of action for an easement over the defendant's property as described in a 1989 deed,the Supreme Court declared that the Paradise Point Association, Inc. (hereinafter PPA),had a valid and eldsting deeded easement over the defendant's property and enjoked the defendant from interfering with the PPA's use and possession of that easement. It is well settled that easement rights derive from use and enjoyment(see Di Leo v Pecksto Holding Corp., 304 NY 505, 511 [19521), The easement owner gains no right to possess or occupy the land(id; see Trustees of Town ofSouthampton v Jessup, 162 NY 122 [1900]).Here,the deed was clear that the PPA only gained a limited use and enjoyment of the sm-vi,ent land. Therefore,the court erred in enjoiukg the defendant from interfering with the PPA's possession of the deeded easement. The Supreme Court correctly declared that the PPA had a prescriptive easement over the dirt roadway on the defendant's property and therefore properly enjoined her from interfering with its use of the:road(see Di Leo v Pecksto Holding Corp., supra at 512; Frummkin v Chemtop,251 AD2d 449 [1998]), The defendant's remaining contentions are without merit. Adams, J.P.,Luciano, Skelos and.Lifson, JJ., concur, I h'ttp://www.nycourts.gov/reporter/3dseries/2005/2005_08092.htm 12/21/2005 i zt'd 0Ld'ON 730HU N31J3H SX3SS3 Wdzs:Z 9002'Z2'03a Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY- 11,940 631-878-8951 ` SEC 2005 � I To: Southold Board of Town Trustees From:, Catherine Mesiano, Pres. i southold Town Board of Trustees Date: December 20, 2005 Re: Mary Zupa - . Wetlands Permit#5636'' - 580 Basin Road, Southold' , SCTM.#1000-81-1-16.7 Attached .please find the Plan prepared by Sea Level Mapping dated 12/17/05. The plan shows the existing conditions at, the site as well as proposed modifications to the above referenced Permit. -Wetlands Permit #5636 .provided for,, in part, in-place replacement of existing bulkhead, re-vegetation of buffer areas and removal of the existing asphalt driveway. Replacement of,the bayside bulkhead commenced on or about November 1,, 2005. In order to comply with the terms and conditions of the Trustees Wetlands Permit issued January 23, 2003 and. the NYSDEC -Wetlands Permit issued November 14, 2002',- it was, necessary to properly prepare the site prior to removing the old bulkhead. Activities performed were consistent with the permit. It is clear that the,permit allowed replacing the bulkhead and revegetating the buffer area. All activities conducted were effected in accordance with the work permitted by the Trustees and DEC. It should be noted that prior to the commencement of activity, the integrity of the bayside 'bluff -was compromised, mainly as a result of the October storms. Overtopping of the bulkhead cause scouring of the toe of the bluff. There was failure of the bayside bulkhead from the jetty easterly- for a distance of approximately 120'. Failure of that portion of the bulkhead was as a result of toe scour caused by'the effect of the east jetty on the littoral flow. Extensive equipment was required which include a hydraulic excavator, payloader, air compressor, dumpster and other smaller equipment. The excavator has an overall width of 11' and requires approximately 25'-30' within which to maneuver. The scope of this project necessitated utilization of this equipment. The appearance ticket issued by the Director of Code Enforcement on December 14, 2005 identified the violation as "clearing within the 50' buffer". All activity that occurred on the site was performed in conjunction with the permitted activity. As required, silt fence has been installed at the landward edge of the excavated area along the bayside bulkhead. Silt fence and haybales have been placed around the stockpile of fill. It should be noted that all of the stockpiled fill is located outside of the 50' buffer area. The piles of debris are to be trucked off- site and those areas are landward of the proposed retaining wall and are to be restored. The bayside bulkhead replacement has been completed per your December 15, 2005 letterto Mr. Thomas Samuels. See attached photos. The Wetland Permit issued by the-Board of Trustees clearly contemplated the necessity of disturbance landward of the existing bulkhead since replacement of deteriorated tie rods and laylogs was required and also authorized revegetation of the buffer area. The DEC permit .clearly contemplated disturbance in the buffer areas as evidenced in special condition #6 which authorizes activity within the 50' buffer and restoration of same. Cross Section Proposed Timber Plan Mew N 1"= 10' Retaining Wall Proposed: Retaining Wall, W E 332 If(max 5'high) Bulkhead Repair & Rock conform to c ntof ours Purpose: Erosion Control Applicant: Mary Zupa s 4 xiXti� bulkhead grade Latitude: 41-02-52 12' x 6" deep whaler Tie Rods Qo 0I �. .-' �; CO 3/8" ravel 3/4 Longitude: 72-23-22 fi 9 exist. I Ealy. on filter cloth rade ? T2"x10"xb' " Surveyed: 12-17-05 6 1� SCT# 1000-81-16.7 ,�� r=L�'; 12' to bll Southold, New York co i b \010066"xb"xlo' a8o Tide Range: 2.5'+/- e�a\n\n9 HwM sheathing Q Datum: MSL-NGVD'29 2o' d �* cb 6) �` 5'h�9h tie 0,1, a of Proposed o Proposed Rock Armor bv`\ t�vG %, o) /� o) Rock Armor Exist. I 40 ------- 112 If(1000-1500 Ib stone) c e��/ c 112'IfTim Timber a ------------------------ vrae b�e-Gor,S✓(I,) \\ j� (`521 ��50 1000-1500 Bulkhead Q �� a' b� r SCA under re A) i o _fl Ib stone construction ,J (s 1 3'h i h's 8) r6 a c R a, u\ baa o S\09 X96 c� Reconstructe, „\n-plac / _o / _ P 3 0 — oq s) 9 s 3�1 Q O ex�St�n9d --riro0 co 0 o cp � 7�s� (a _ existing silt fence �' deov\S O ste �� 00_ X09 ' 35 s 1 debris tcucK gG�#10d of Zup'qj co a i o _ ew JI C4 r `res Y •V e 'c W t, � � 11` to berms \� koc g ,s,rya\\ n0 q ro u nc� CO V G✓ b �` _--- _ asphalt drive _ B a S ! Yl o _ y Upper ��;- -----' eaa\oJS� 40 R o a d 0..I Q` � shy 4_6 �C sem' ----_------- _;- _ _ -�G�a� + --- - - �v W_ o r rt d i g cvti b vS dS P eGI CS -------- ��, '' _ QiOQ05 ------q�__-�: (�f 065 r SQeG�eKS • qq� / ,- Pro Fr t c.�9-� �,., t -fie R�`� ------ -- �+\o�'�� JCPl 0rtIff PREPARED BY: Y '�l - ore- `�� SEA LEVEL /� 6ng {-.e,rt�E wig ` NY ':1 �X>Inct N �5nv P oq �✓' 'f MAPPING P. O. BOX#538 4 �n ;% ROBERT H. FOX RIVERHEAD, NY 11901 - y �-'; NYS Lic#50197 12/ PH 631-722-3390 ®, r ; `/ r s&�� �' r 20/2005 f 20 lF r 7 i ���,�`41'�,yta�`. f G\sLr I\zupo12l"iU5�o Albert J.Krupski,President *0f SU!/ryo Town Hall James King,Vice-President hO l0 53095 Route 25 Artie Foster P.O.Box 1179 Ken Poliwoda Southold,New York 11971-0959 Peggy A. Dickerson • �Q Telephone(631)765-1892 COU Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 21, 2005 Ms. Catherine Mesiano Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 RE: MARY ZUPA 580 BASIN RD., SOUTHOLD SCTM#81-1-16.7 Dear Ms. Mesiano: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, December 21, 2005: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit #5636 to install 1000-1500 Ib. rock armor seaward of a section of the new bulkhead from the exisiting jetty easterly for a distance of 112'. Install 332' timber retaining wall 12' landward of the new (replacement) bulkhead, and replace existing 35' bulkhead and return behind the existing. The area between the bulkhead and the proposed retaining wall will be maintained as a gravel buffer. This Amendment is granted with the Condition of a 50' non-turf buffer and re-vegetation of the buffer, and as depicted on the plan prepared by Robert H. Fox dated December 17, 2005 and planting plan prepared by Plantings by the Sea received on January 31, 2006. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, James F. King Vice-President, Board of Trustees JFK:Ims Albert J.Krupski,President ��oF SOUryo Town Hall James King,Vice-President ,`O l0 53095 Route 25 Artie Foster P.O.Box 1179 Ken Poliwoda Southold,New York 11971-0959 NC Peggy A.Dickerson • �- Telephone(631)765-1892 COU � Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 15, 2005 Mr. Thomas Samuels James H. Rambo, Inc. 229 Bishop Lane Southampton, NY 11968 RE: MARY ZUPA 580 BASIN RD., SOUTHOLD SCTM#81-1-16.7 Dear Mr. Samuels: The Southold Town Board of Trustees conducted an inspection of the above- referenced property on Wed., December 14, 2005, in accordance with the application submitted by the property owner. During the inspection, the Board observed extensive clearing that had recently taken place on the property, in violation of Permit#5636. Please be advised that the Board authorizes the previously approved bulkhead work to continue, however does not authorize any further clearing to be conducted on the property. If you have any questions concerning this matter, please contact our office. Very truly yours, Albert J. Krupski, Jr., President Board of Trustees AJK:Ims Sent via fax & mail MAILING ADDRESS: PLANNING BOARD MEMBERSloF So P.O. Box 1179 JERILYN B.WOODHOUSE O-`` (/ryOl Southold, NY 11971 �v''`` Chair Q OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 MARTIN H.SIDOR (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON lif'`+oU ,� ' Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Board of Trustees DEC 2 1 2005 From: Mark Terry, Senior Environmental Planner\ I I LWRP Coordinator ; Date: December 20,2005 Re: Amendment to Permit#5636 for Mary Zupa SCTM# 134-3=5 MARY ZUPA requests an Amendment to Permit#5636 to install 1000-1500 lb.rock armor seaward of a section of the new bulkhead from the existing jetty easterly for a distance of 112'. Install 332' timber retaining wall 12' landward of the new(replacement)bulkhead. The area between the bulkhead and the proposed retaining wall will be maintained as a non-turf buffer. Located: 580 Basin Rd., Southold. SCTM#81-1-16.7 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form, submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the following Policy Standards and therefore is INCONSISTENT with the LWRP. The Board should assess any adverse impacts to the Critical Environmental Area and adjacent properties and require any necessary amendments to make the action consistent with the LWRP. The following Policy Standards have not been met. Policy Standards 4.1 Minimize losses 'of human life and structures from flooding and erosion hazards. D. Use hard structural erosion protection measures for control of erosion only where: 5. The proposed hard structural erosion protection measures are: a. limited to the minimum scale necessary b. based on sound engineering practices 6. Practical vegetative methods have been included in the project design and implementation. y 7. Adequate mitigation is provided and maintained to ensure that there is no adverse impact to adjacent property or to natural coastal processes and natural resources and, if undertaken by a private property owner, does not incur significant direct or indirect public costs. 4.2 Protect and restore natural protective features. Natural protective geologic features provide valuable protection and should be protected, restored and enhanced. Destruction or degradation of these features should be discouraged or prohibited. B. Maximize the protective capabilities of natural protective features by: 1. avoiding alteration or interference with shorelines in a natural condition 2. enhancing existing natural protective features 3. restoring the condition of impaired natural protective features wherever practical 4. using practical vegetative approaches to stabilize natural shoreline features 5. managing activities to limit damage to, or reverse damage which has diminished,the protective capacities of the natural shoreline 6. providing relevant signage or other educational or interpretive material to increase public awareness of the importance of natural protective features C. Minimize interference with natural coastal processes by: 1. providing for natural supply and movement of unconsolidated materials and for water and wind transport 2. limiting intrusion of structures into coastal waters D. A limited interference with coastal processes may be allowed where the principal purpose of the structure is necessary to: 1. simulate natural processes where existing structures have altered the coast 2. provide necessary public benefits for flooding and erosion protection 3. provide for the efficient operation of water-dependent uses Limited interference is to be mitigated to ensure that there is no adverse impact to adjacent property, to natural coastal processes and natural resources, and, if undertaken by a private property owner, does not incur significant direct or indirect public costs. The applicant has not demonstrated sufficient need for the 1000-15001b rock armor seaward of the new bulkhead. Further, no engineering report or position has been submitted to the file to establish such a need or the potential adverse impacts of the proposed action(if any). Pursuant to Chapter 95,the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at(631) 765-1938 if you have any questions regarding the above. Telephone p Town Hall (631)765-1892 _ Z 53095 Route 25 m P.O.Box 1179 Southold,New York 11971-0959 viol � �a CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., December 14, 2005, the following recommendation was made: Moved by Jack McGreevy, seconded by Jennifer, Mannino, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the application of MARY ZUPA to-Amend Permit#5636 to install 1000-1500 Ib. rock armor seaward of a section of the new bulkhead from the existing jetty easterly for a distance of 112'. Install 332' timber retaining wall 12' landward of the new (replacement) bulkhead. The area between the bulkhead and the proposed retaining wall will be maintained as a non-turf buffer. Located: 580 Basin Rd., Southold. SCTM#81-1-16.7 The CAC recommends Approval of the application, however observed disturbance to the natural foliage on the property. Vote of Council: Ayes: All Motion'Carried Dec.14, 2005 Field Inspection ' i' r`•'i S t� �' /y, • lye -a. y 1 `. �' rrrr����••�tt t t, `'� 1 + i sjr rh� �t r� t��ry�a4�1 /} �,�� ' ' •f. .T lit.. (+"t,3, `� �r� 1 s.t f , r / -. �{•J � t •1pt I.. � c ` �•fY ��=-f,��1\k �` +A` - •�`�f -,L ���, ,� t� " f� �, sY r.. �.:''... ^'4.l, '`.."r, • �`'r.Rl.f!1 7 °. (..•/�►.�� ` tYi �. _ 't'Jl.t 2005 Field Inspection ,.• — a .. - Dec.14, 2005 Field Inspection 'i 4 .1156 AM s,t� E p I' � YS 'Y l T- Dec.t 4, 2005 Field Inspection ` 4 11`:57;AM CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NEW YORK 11940 516-878-8951 emesiano@optonline.net November 29, 2005 Al Krupski, PresidentE C E lV U E p � Southold Board of Town Trustees i Box 1179 NOV 3 0 2005 Southold, NY 11971 Re: Ma Zupa Wetlands Permit#5636 Board of Town Mary P Board of Trustees 580 Basin Road, Southold SCTM # 1000-1.81.16.7 Dear Mr. Krupski: I am the agent for the above referenced applicant. At the recommendation of her contractor, Mrs,. Zupa is seeking an amendment to the above referenced Wetlands Permit to install 1000-1500 Ib. rock armor seaward of a section of the new bulkhead from the existing jetty easterly for a distance of 112', as illustrated on the attached plan. It was recommended that rock armor be installed at the time the new bulkhead is installed to protect the area from continuing damage as this is the area prone to the greatest impact of wave action and the section of bulkhead that failed during a recent storm. We also request an amendment to include construction of a 332' timber retaining wall 12' landward of the new (replacement) bulkhead, also shown on the attached plan, for the purpose of erosion control. The area between the bulkhead and proposed retaining wall will be maintained as a non-turf buffer. We respectfully request an Administrative review of the above referenced modification as there is a current, valid Trustees Permit for the bulkhead replacement, new low sill bulkhead and construction of a house and associated improvements, and the modifications are associated with the bulkhead replacement. Thank you for your attention to this matter. Very t ly yours, atherine A. Mesiano, President Enclosures C � Cc: Victor& Mary Zupa ,d \� .,EGE ®are . �a hz0s 03200 - _ Address 0 �.r Dollars$ � O 0 N. For trl l� o (ruLA-A-f � O0L OZ n� a O AMT.OF,'- Q CASH ACCOUNT cr mAMT.PAIO"<•• CHECK BALANCE- MONEY ORDER❑• By, -DUE CREDITCARD❑ Town of Southold Y LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its si ui f�icant beneficial and adverse effects upon the coastal area(which includes all of Southold Town 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supporting facts. If an action cannot be certified as,consistent with the LWRP policy standards and conditions,it shall not be undertaken. A:copy of the LWRP is available in the following places:'online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Officethe I'd ng Department, all local libraries and the Town Clerk's office. Ek B. DESCRIPTION OF SITE AND PROPOSED A�, -i0N­- G , SCTM# Oba' 1 _ - ,� DEC _ g 2005 `L. � 2) PROJECT NAME The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity,agency regulation, land transaction) ❑ (b) Financial assistance(e.g.I grant,loan, subsidy) (c) Permit, approval, license,certification: Nature and extent of action: -6 pimm;A � d = ' � IDD O 1 500 rO Gk. 6.rmo( InS!60 332 ' +1 rnh e1 1 p Location of action: 1?6 1A( 04-W Site acreage: l . Present land use: Y Q.LG,J r'[ 1 d wt—A r , Present zoning classification: e. 90 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Bim, (b) Mailing address: J� PG/aj P5 16 Sft 19 71 (c) Telephone number: Area Code 01-- (d) Application number,if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes 0 No Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria TYes ❑ No ❑ Not Applicable _ II 'Ll-I (Atf=6� Lawd 41- Attach Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No of Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. ❑ ❑ r Yes No Not A cable + Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes [:] NO No Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wast s. See LW" Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YesD No 11, of Applicable Attach additional sheets if necessary , J WORKING COAST POLICL—.= Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No rQ9Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No INot Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No Not Applicable PREPARED BY TITLE DATE CATHERINE MESIANO, INC. g2 MILLPOND LANE �r. mnRICHES, NY 11940-1222 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Mary S. Zupa SCTM # 1000-81-1-16.7 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Amend Wetlands Permit#5636 to install 1000-1500 Ib. rock armor seaward of a section of the new bayside bulkhead from the existing jetty easterly for a distance of 112' and construct 332' timber retaining wall 12' landward of the new (replacement) bulkhead for the purpose of erosion control. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 580 Basin Road, Southold, NY 3. That the project which is subject to Environmental Review under Chapters 32, ' 37,or 97 of the Town Code is open to public comment on December 21, 2005. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNER'S NAME: Mary S. Zupa MAILING ADDRESS: 4575 Paradise Point Road Southold, NY 11971 OWNER'S AGENT: Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 631-878-8951 Enc.: Copy of sketch or plan showing proposal for your convenience. C � G � W E Proposed: Retaining Surveuued: II-Iq-05 I"= 50' Purpose: Erosion Go 5GT# T000-01-16.1 s Applicant: Mary Southold, New York Lat: 41-0 Tide Ranqqe= 2.5'+/- Long: 72-2 Datum: MSL o 36 ro o5 0 U h rulKhead OI DO OGu@QY M d�e— po1- (bb) ----------- - --- (,A) ---- / tKnbe e,Gonyt „r - � -`----- (s a) rs e� 133' r6 u N �„a -1 7 � p } _-�- 103pnO Proposed rimber 071 Retalptpig `all 332 U. 5`° $ N2 '12' landward of 10O0,��_�-16� a �N existitIg bulkhead gGt#ana of Zupa Gross Sectionill 10' existing grade whaler I --Tie----- , 3141 Galy existing grade ) 4" x 6" ami i2' to ) whaler bulkhead I 2"x10"x8' ` 6"x6"xl0' T&C ESIANO, I 8' o.c. sheathing CATHERINE M NC. Pvap sed Timbov 12 MILL POND LANE Timber i Rket@lning �Il a Bulkhead' 332 L.€.. E. MORICHES, NY 11940-122 , i I& lanickvaad ' i IIIIIIIIIIIIIIIIIII ? U.S. POSTAGE PAID il���ll EAST YuniCriE$.ivi' 1 l uniirensrares DEC 134'05 nosratsErrwce I I III 1111111AMUUN I C%4i 7004 1350 0002 2902 9404 �? C-4 (� 1 9261.42 - - 11971 QOC29129-Q5' cn Z LU - Qy Town of Southold w Box 1179 LU LU � 53095 Main Road ���� 2005C Southold,NY 11971 lsi �l�r€ E CC� 1000-81-1-16 10 LU ___j ® 2n€8 ROTEOE = RETURN RECEIPT RETURKED -- - " REQUESTED I _� -_ 42 iI:,ii:„liiIiIIiI„II „III irii,iIIII IIiII.Ii1I k� M N Proof of Mailing of Notice Attach Certified Mail Receipts NAME ADDRESS State of New York County of Suffolk X/V , residing at being duly sworn, deposes and says that on the da of , 2005 deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that saii" es wer ai ed at the United States Post Office at oti , that said Notices were mailed to each of said persons by( certified) (registered) mail. zo Sworn to before me this 13 Day fA -ec-e,rn 12e-t— , 2005 Ni:M.Ro'�}� Nolaryt. 'tic;Stafe of'1Vew York Nb.14881014 Qualified in Suffolk,Coun11► Notary Public ColnmiWon Expires Dec.29,zooay G�GWo I r,_i 0'. - . .- 1=0311 ru Postage $ 0.37 UNIT IUe 0940 ru M certified Fee M � EZI Return Reclept Fee Postmark � (Endorsement Required) 1.75 Here EZI Restricted Delivery Fee ul (Endorsement Requ red) Clerk: MOMY M � Tot<Victor J. &Mary S4fupa 12/13/05 E3 sent 4575 Paradise Point Road r- -sFa Southold,NY 11971 ----------- or PC 1000-81-1-13.1 G(y ------------ ErCO rq a rq • • -" - ' 4 ru t ti Postage $ 0.37 UNIT ID: 0940 O Certified Fee M O Return Reclept Fee Postmark (Endorsement Required) 1.75 Here mRestricted Delivery Fee (Endorsement Required) C1erl-: KQHBYY r� • �- TOW Basin Road Realtpjust 1/13/05 0 Sent Att: Steven Curcuru srPO 35 Tremont Street cry s Maynard,MA 01754 1000-81-1-17 Errut a L i ru ru ,r Postage $ 0.37 UNIT ID: 0940 O Certified Fee O ^ O Return Reclept Fee Postmark, (Endorsement Required) 1.75 Here Restricted Delivery Fee Ln (Endorsement Required) Clerk.: 1(QHBYY Tbt Town of Southold 4.42 12/13/05 E3 sent Box 1179 53095 Main Road ----------- -Southold, ---------- -Southold,NY 11971 ___________ 1000-81-1-16.10 - - :11' T�- 11 'F,- '•�' ♦i"--tis- - .ate. Basin Road Realty Trust Att: Steven Curcuru 35 Tremont Street Maynard, MA 01754 1000-81-1-17 Victor J. & Mary S. Zupa 4575 Paradise Point Road Southold,NY 11971 1000-81-1-13 1 Town of Southold Box 1179 53095 Main Road Southold,NY 11971, 1000-81-1-16 10 • QN 60 Ea Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X ❑ ent ■ Print your name and address on the reverse essee so that we can return the card to you. B. Received Prirt;e /a, _D I ery ® Attach this card to the back of the mailpiece, 'or �' ® , or on the front if space permits. D. Is delivery address different from��t' g❑Yes 1. Article Addressed to: If YES,enter delivery address be o Town of Southold Box 1179 PS 53095 Main Road 3. ,Se ice Type Southold,NY 11971 L�(Certified Mail- '❑Express Mail 1000-81-1-16.10 ❑Registered ❑ Return Receipt for Merchandise -- ❑ Insured Mail ❑C.O.D. 1� 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article) (iransfe 7004 1350 0002 2902 940,4 • ' PS Form 3811,February 200 Domestic Return Receipt 102595 o2-M-is4o_' SECTIONTHIs DELIVERY SECTION,SENDER: CoMpLETE.THIS ■ Complete items 1,2,and 3.Also complete A. Signature ❑Agent item 4 if Restricted Delivery is desired. X -__rJ A dresses ■ Print your name and address on the reverse so that we can return the card to you. B. Receive (Prui d�l! e) C. Date De ery ■ Attach this card to the back of the mailpiece, — or on the front if space permits. Y D. Is delivery address different from dem 1? e 1. Article Addressed to: If YES,enter delivery address below: ❑No Victor J. &Mary S. Zupa 4575 Paradise Point Road Southold,NY 11971 1000-81-1-13.1 � 3. S rvice Type Certified Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise ! ❑ Insured Mail ❑C.O.D. Al 4. Restricted Delivery?(Extra Fee) ❑,Yes 2 --, '70 4 13-50- 0002 2901 5254 - 102595-02-M 1540 PS Form,3811,February 2004 Domestib Return Receipt _ _ i FROM : C MESIANO INC FAX NO. : 631-878-8951 =-c. 12 2005 02:31PM P1 Town Hall Albert J.Krupski,President X3095 Route 25 Tames 1C.ing, Vice-President �� P.0,Box 1179 Artie roster Southold,New York 11971-0959 Ken Poliwodad �' Telephone(631)765-1892 Peggy A.Dickerson 4-04 d Fax(631)765-&WVOYI BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES:TOWN OF SOUTHOLD In the-Matter of the Application of ---------------------UIY1Q-. T-__7---I-- --------------- ---------- COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING residing at being duly sworn,depose and say: personally posted the property known as That on the/3 day ofeti��e h 200• I P y by placing the Board of -rustees 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 noted thereon to be held hearing.Date of hearing VA a I OUT 7,"( Dated: signature Sworn to before me this C)day of fleL-200D Notary Public CONSTANCE SZYMCZAK Notary Public,State of New York No.a1SZ6125616 oualified in Suffolk County Commission Exoires Aoril 16. 2009 Albert J.Krupski;President �*OF SDUry� Town Hall James King,Vice-President ,`O l0 53095 Route 25 Artie Foster P.O.Box 1179 Ken Poliwoda CA Southold,New York 11971-0959 Peggy A.Dickerson G p@ mac` Telephone(631)765-1892 CZ01 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 24, 2005 Mrs. Mary Zupa 4565 Paradise Point Rd.' Southold, NY 11971 RE: 580 BASIN RD., SOUTHOLD SCTM#81-1-16.7 Dear Mrs. Zupa: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, August 24, 2005: RESOLVED that the Southold Town Board of Trustees grants the last One-Year Extension to Permit #5636, as issued on September 25, 2002. This is'not an approval from any other agency. If.you have any questions, please do not hesitate to contact this office. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK:lms o a QC L� D � C� %%�• �/9�/ �� J U L 4 6 2005 t Southold To �rck c Albert J.Krupski,President off. Q Town Hall James King,Vice-President ti� G'd'� 53095 Route 25 Artie Foster h - P.O.Box 1179 2 Southold,New York 11971-0959 Ken Poliwoda Peggy A. Dickerson O'f'�Q �®� Telephone (631) 765-1892 1 `1► Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 21, 2004 Mrs. Mary S. Zupa 4565 Paradise Point Rd. Southold, NY 11971 RE: 580 BASIN RD., SOUTHOLD SCTM#81-1-16.7 Dear Mrs. Zupa: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., July 21, 2004: RESOLVED that the Southold Town Board of Trustees grants a One-Year Extension to Permit#5636, as issued on September 25, 2002. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office. Sincerely, dui Albert J. Krupski, Jr. President, Board of Trustees AJK:lms f-�pszoal 66-6 A _�o&t,gFoad Joutlzola! /�eur�oi 11,971 - I I t 1 CRB 111-2 F, BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 53095 Main Road Phone 765-1892 Southold, N. Y. 11971 CL, 'co CL A, X '�.v.\01t Z;mYy Ell] V\ N" % 0, k" V, oCaA c & P&-q )-g i � I ' 'I Albert J.Krupski,President Town Hall James King,Vice-President ®� C _ 53095 Route 25 ®!► O� P.O.Box 1179 Artie Foster ® Southold,New York 11971-0959 Ken Poliwoda Peggy A.Dickerson C** = Telephone(631) 765-1892 1 ® Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A VIOLATIONCTION INSPCTION.AND POSSEBLE REVOCILURE TO DO ATION OF THE SHALL BE CONSIDERED PERMIT. MARY ZUPA INSPECTION SCHEDULE xx Pre-construction, hay bale line 1St day of construction '/2 constructed xx Project complete, compliance inspection. co �' P ;y: >./. r, / �,. '4<'r r g r'%j'; r r-/=/�5;r�.:/'.>,'j's P t^� 1i• �.> cn 1-- l C r i V i / �" :�iL.` .i s.}';-:.7i~a/ ✓• >__•..%•;:r,> ,/,=r'. r, t ) 'O ,''" ;'i '.i;3 .•�: :/'%> .`?r�,• ..>4F;/<��<✓� ?' ./.�;®OIIarS 3$ ��G�.:..,/;�' EL Cr ca (J) vt ;AMT OF":'�i%r` ';%/i: s.-`CIISFI✓.;a (/. /� >/v�. '>y3,',,'r `r '~..: i` _ m `y;"ACCOUNTr'' %/L%i- `%' ! �,..C./t{EC;K%J,%,.l/,/> ,%.% s K1�.,',/;,:/'✓; 4w�/;!�.✓; S,%•,%`✓`!/�,//,b- • ;> PAIDANto "BA '/ MONEYORDER❑ Z Y ✓v CREDITCARDCJ' 1 Field Inspection 7/16/02 Y � � x Field Inspection 7/16/02 o�. A6J Inspection 7/16/02 Field Inspection 7/16/02 i t a 4, � t t n �.y p ^� ? 8 t e� g a^, to } $aM 1 ,n i � F •�t� � k � 441 ''" � M 4 a" A� 00, a^ � A t ar`1'�^' yr e x X4_1 f f f a t d All Is MOV Not, MAN i e i .: �0��$tlFFO(�co ELIZABETH A. NEVILLE G Town Hall, 53095 Main Road TOWN CLERK c y1 P.O. Box 1179 ti 2 Southold, New York 11971 REGISTRAR OFNVITAL STATISTICS 1' ® Fax(516) 765-1823 MARRIAGE OFFICER y �� Telephone (516) 765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER jog OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer) . One copy will be returned to you in response to your request, or as an interim response. ------------------------------------------------------------------------------------- SECTION 1 ' TO: (Department or Officer, if known, that has the information you are reouesting.) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information. ) r - � i Signature of Applicant: Printed Name: Address: Mailling l ress (if different from above) : Telephone Number: 7,��—,/-//D- —Date: ------------------------------- --- [ ] APPROVED [ ] APPROVED WITH DELAY* [ ] DENIED* RECEIVED nrT 4 ?M2 Elizabeth A. Neville ate Freedom of Information Officer Southold Town Clerk * If delayed or denied see reverse side for explanation. ELIZABETH A.NEVILLE ��� °may Town Hall, 53095 Main Road TOWN CLERKc 1 P.O. Box 1179 COD Z Southold, New,York 11971 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Fax(516) 765-1823 RECORDS MANAGEMENT OFFICER y�01 Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE`TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer) . One copy will be returned to you in response to your request, or as an interim response. SECTION 1. ' TO: (peptirtment or Officer, if known, that has the information you are requesting.) T RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply - -� date, file title, tax map number, and any other pertinent information. ) _ALL UP TD-DA-72f D Ar /r R z` Zy4�i�/fi Signature of Applicant: :Jtz.. Printed Name: Address: Ap 6 B x 6W/ /` AFTi p%y Mailing Address (if different from above) Telephone Number: 7 6 S - 5_s q -7 Date: J 0/7��� OL — [ ] APPROVED [ l APPROVED .WITH DELAY* [ ] DENIED* RECEIVED 7 402 Eliza eth. A. Neville to Freedom -of Information Officer Southold Town Clerk * If delayed or denied see reverse side for explanation. -` - ,VFFOI/r p� C O ELIZABETH A. NEVILLE �� Gy Town Hall, 53095 Main Road TOWN CLERK c 1 P O Box 1179 2 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O � � Fax(516) 765-1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER y�pl ��p� Telephone(516) 765-1800 ' FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer) . One copy will be returned to you in response to your request, or as an interim response. SECTION I. r_ TO: (Department or Of icer, if known, that has the information you are requesting.) RECORD YOU WISH TO INSPECT: (Describe the record sought.- If possible, supply date, file title tax map number, and any other pertinent information. ) Signature of Applicant: PrfOted Name: iR e—A -�U—Y&-Pj Addregt: 1 Mailing Address (if different from above) : Cell S� NYC Telephone Number:, -a` 1– 0 — 6�,7)�3Date: [ ] APPROVED RECEIVED [ ] APPROVED WITH DELAY* [ ] DENIED* . - DEC 3 0 2-002 EliAlboth A. Neville " Date Freedom of Information Officer Southold Town Clerk * If delayed or denied see reverse side for explanation. TO THE TRUSTEES OF THE TOWN OF SOUTHOLD 60 DAY DAMAGE CAUSED BY EROSION AND DETERIORATION OF BULKHEAD TO ZUPA PROPERTY (SINCE SEPTEMBER 1 , 2002) Presented by Catherine Mesiano November 20, 2002 PO �f T ,•,t �+oi + • • YELLOW HIGHLIGHT INDICATES EROSION SURVEY OF PROPERTY SITUATED AT BAYVIEW TOWN OF SOUTHOLD s 6r2sD6 c SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-81-01-16.7 =I( W SCALE 1"=30' c I v JANUARY 7, 2002 JANUARY 29, 2DO2 REVISED LOT AREA NOTATION P I c FEBRUARY ta, 2002 REVISED DRIVEWAY LABELS LOT AREA INCLUOING THE BULKHEAD AREA AT THE NORTHWEST PORTION Of = 75.667.36 sq. ft. f .b THE LOT PROJECTING INTOSOUTHOLD BAY (TO BULKHEADS d TIE LINES) 1.758 a. At6L LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF - 72,747.53•q. ft. dF THE LOT PROJECTING INTO SOUTHOLD BAY(TO BULKHEADS Q TIE LINES) 1.670 — it t� � ,p• SOUTHOLD BA Y W I t •�,� lrozx xARenxJ ` N�.p7'19" E —1 3 = �• M 66'54'02• E 134_02' "^A"• I 11 tR a 4 !• 2 Z I I ♦ R Zou Y� z � _ J. oAD z o- w S 69 . � v O o4 dly BOAT BASIN 9i l� N1.5.Uc.Nw waw Joseph A, Inger- Land Surve o C6RTIFfE'D TO CHICAGO TITLE INSURANCE COMPANY max(631)727-33M6 Ew(471)727-1727 A c O n[lOdO Y11- ..� NARY S. ZUPA oral t000m u crit ArIRs3 ao aowc¢.ait rn r 1w, raaU4 111.Pot 11301 1r01. 1�a rGWD'r .101 aww AR bl aWa1=1aA EXHIBIT 1 Bulkhead/Jetty corner, > r ?, �^ ;} ;,`• deterioration and erosion hole (Canal side) VJZ 11/18/02 1 - 4�ial I I S x, n�I►4 ��" .,,{ is .` ""• {'�) 4 �i!'� � � r + lS, ' N;„ r �� py h .� I-r Ley' `\ �� ( - �• 1-;y� ii ♦ fin`' A ,1�13i 1 ' � EXHIBIT 2 Bulkhead/Jetty corner, deterioration and erosion hole (Bay side) VJZ 11/18/02 p i 4 1 �► "►t' ° . it, � 1.t; •�'�_�,� �I p��l,1 � � �� - kti X ; .� �•# , �. � 4� � s f {b �•,91w'�`'! k 1 � ,�� F` �A AK 1 tff !• f . �� i }I �i .D K' �r°! `-' r deo t 1 1+ + 1 •�thi • ! � f`I �4�'� i#��1►"�� � i �t '5,,� � '#,��'�,���b 'r`� , 4 �``I I '1 t�t ♦� ; .. '� �"�#'s�`'- ..�;'� 'gip�1"'� ! .1 �•� •iti".`. „• _ -�-- .:Y)♦ i/ r;�i "�`7 ` �..• �. 2F t t ;M .! z '4+�'. s... � `S'� �"#' � �j''Vii_- t. y♦ �' i � 4't�. .Hca '�"y `3. •''sl '���J i'' \•a"�.� ' l.�,/} ♦,� 't1'Jf���.rti, .: �� <A�ky tra�.'u' ti�, :.N�,r yd1T A• '' " / .�r \s.�j. °�1' (q`+c+/.�i. '� +N F-4 _ - _ yami {• ` ff �^ AW �t d► (l• , � .. 1 * ♦��. Nl �y.rtl �' �+4 ref.� '��-J 1 7't 1 EXHIBIT 3 Bulkhead/Jetty corners -view from jetty VJZ 11/18/02 AVA .15 r y .. ,t✓ �' .', _ < - r► i. :�i. .. ' _ Imo. « • � 4AL .' '���, '; r. . •ems T� � �. • -F�. EXHIBIT 4 Bulkhead deterioration and erosion hole (Canal side) VJZ 11/18/02 r or, ►*-r��r►►rrrr o+:. r•c1��� +- �►`_ Ate •' �1 �ti _=+.,sir-�.-�+_wl►,�� w,��r Y " yi;!+ '� t +a�1[� .t ,. cd• ` r -� —tom+ ` 1: 1e. •',� • �• 1•^'it•�•4. F` � -y��• r ,f#, I r �lr�i,Pfd Tal " � ��� EXHIBIT 5 Bulkhead deterioration and V •1 erosio pen end (Canal side) VJZ 11/18/02 5 , .�,r. � �' �� 1 �`�� L W I��• ,,�y.. r F' � y/�r�� �G fes-• ' 11 ��° i..d,s /etr •M;,a,` i f.M I •. A y,.�� -V[iMIf .., #,��^ f •1 t t 7 rPTS. . 'i � ••. ,•. ., '"AL •� a -: r. ,•• M1""%,kY.w' �'v.J',.• + .LTi y { •r, �, t�Y� .,fpr 1{ '.F �' A,r ��w ��,� '�� y, •... m\ �# :� ' •�\ .. �{�\ 4�r., r t�{••S•3 w,ti„ � M1 �."4. dM •� �1''itN}f�' �'�'" i� } ,��! ...t '�,V !{ y•. rl:. t ,..''+ f�,. T� :N +�J. -`�,�y `;"`'lyl�,t" .�r r •�` r N��� 1. d+•wo. •'r�f•' •:�'4t..� ..,\. .•. ! � 1n r � `.{Nj�.�. r � �II ..Vp�"'_'F• "'R'"_�(' ',� �•,.;/t� ^a,,i���� ��p�r 9{'�°�a' ."'' .. �' � �• `. .. ','•� t��t} +,� r! d •lJ�!+'d } r�.' �+�11 �i�},� .��7. �'}. .::-'�`��' V. •`' rt{ �.1/ ,t; rt ' .•. '�t{y�.Yv. �l"..i 1 Y 4t`;:r*�i� r• r�'...• SrS �.,��• ,�y'; �4f `.?:. �,•� 4�"y� ��.r{A�,... t �F `i •tM �� f ,i� 1• �C ,'} y ��},',. N,l:i a' r� ,�, _ ,� .r,.. by � •.3' r` ESQ �" �.� � iY,�'•�� �� k.f,_..Y �1 tifi,. kti� ,� �. .�! �' 1j.Lr��C��y � ,�n� :y,•S` � �/, Undlv "ire ��•i Fr� � � ;.°.fir. J .IR� i '.' � r'rr.,11'•'• ri!' �{• �,,..'.. e+wilr ,• t ,. = 41•Jdr�r N- �i� r�. �trG�h`a r `�, �.�;.t 40 I•Iy �' L Cyt r �3� ti �,R`i� 't. M1 .....r• R+ \ 1 - .Y. M1 . � y a •'� �A� � f• . . t r' ♦. r •.•. 4l r d i,:1Y 1� ' ^T� r.r �, y J1 I. ...��,��ra�r�r-w � !'^ �l^�1 ,•�yr���N 4 .�y`r4'lMit�.. }G' i♦ •?,,�;•+ �,�+� Mev �vM'• 0h, p`' ° �• w,� "k•'• '� t . +},. "��•+ .'•' ,�il��,�.ry��- r�;.,� ,� IM'1 X47 "�'l"/'i� ���,?fir.'+� v�� I'1�,1� �Ir�'�R r\�f�si.,!•�► � J� .41 .�.. H'd' •�'♦ •�•w�'.+`3 �`'`? /.�►'� r��,�'.���. �-./f"�+4'fa� '.•✓,�tl...��}`'��. �,..� j, y;.t,,�1.�'r/ �� �r!�f,� ,. r •y.• 4 � y � • 'J F !rte AV All- wig or �! ti • owl �L;'• ./ a, t J + r4 ,c-�V `}e J"AY.'1.� .�i }!. ,�. y !,_ �' * i .r• � r �J" + t ._ ;. ter .. '� I"� '�Y,�a� .`,�!1!al 'LAI ^� �• ► .,, ,1 i�r /i +t r►lA y .., r N a ..!•2 :err •• >/� '►'�� ;. i a ; 1 r S� } er.L ..i' ^y��,'S�' ` ��. 4 I4. •,�11►�.�,y .•j .; � ,JJr'�" w�" ,•' '� �r� _ � ."r/► " . ,� A 'r •. '"'.aIaI �/ _.i.' gY.. .r .1�' ;i►. �4+ "Ji,,� �. EXHIBIT 6 Bulkhead deterioration and f @ erosion-open end (Basin) VJZ 11/18/02 lt�jc QN lb�i. a�nt r ! df < yF t y'1fY i a i a y ;qtr 1: :: .1: :4 ar t? �� 4 { � j •� J •.. rj - �,,, ...n •a i ;t .y!`.� H yl r,,"�, I.J, i y •� WVpl �.. < ,+'• _ ± e wt RK 1F' t' 4,0 gr4�� �,` '�w'/,,t„ro' � ' ��(,�b�lb `��1�' a ter �r1r��•J �d�'. ,, w�,��,� `. .. �.' �� � t TV ilk � �r,.]�„�a'�jD;p.'i� r r yM��,. A .,.� • r ,r�La ��.,� f.�',., �w`>/.r. i. .. '- �v�S't•+'�,'� �' `t;il. ` , 'IY r 1 rp �' `y 1F�:,iY. . ' .R...♦ ,.•.1``~'~• ' .�. •�. • _Katl;,h �. pq� •�,��.`' '. i''� -. .►, ,N r .�?q# ir �A'' � ,, �.\ tlr4 f � .�I .i � . ' +, S. . � rya,: ,-1�., ••, �4 i � i r. r � ... f' ( `, 2 '4,. ,, ., "`+• ' -'.fir. 4 - } r.•w. '^+b ' . ` _ ♦ ! ,, � aK � •��^ M�mac. l;l� �r :. ko Nlh Al IRK E `- ' ` I '•,I+M^ �' ` � 'Tt* �y�+''S�Mh, L" f V=.Sf r✓`"T�'.-` ri 5. oy�rr'n-. .t, .. .�.. . . . ,.t ".�'6. �, �'�� s � �,,,�"'�'�. •.; 11 So OWAR * -'et ''."r,..•+ .�' � �'.. ,+ �• sy, .A'1` �r! .':`M''+.�+'� 4.� h �f r f,,� y, �1' � �,�K�.'}� ..>✓yo�' 4~.. ,mac y �� ` f ' •I'' _'f"S �. n .,�. ZO/9 zrn uoisoaa :y eGiv IIiS nno-1 pasodoad L IISIHXA + _ EXHIBIT 8 Proposed Low Sill Area B: 'i mrt, Fy , ?" ,f +?� .,1pv " �;+. ��' erosion VJZ 11/18/02 �00V - '}M{1l "�` `yqy� .r+ a � " �"�� �4',�i!?'+7M, Nr +SII { � t r s•�. y �.uy. r! ,.� '�. i "55 ky 01 bQA �� 'y. '},�• .�y. f p = �fFi 44 , ..� •.S � 1rJ�,P.r.�`���� �. M Kr.;.f ti ��yt ti ,fl•� �k V' .i_' T� ��''! . AN + '� _D ' .1. .. +S• .,y r :y 3 n^•.µrx�.h..�}4`��hYr7.�,''�,�Aw'i r,r.: f':s,,a � r,77'1F,, e.,�: '*.. '! ..��.,������sf �*( 1 ! ib .A �'�S''�j'', 4C i', ,R'.}.� 4�,i �i'��YI 'F`,'�t-`• 4i, r7 `t`'• i '�! �.� Vic*' -A�, !v} .r t .t _p.• �y 'C'.. 'r' '.'AG .1 ,�� 'r y t 'MIY -7.r ' ^��- ,i• �•��. a.�f��5�r �t R ri' t r a{+.t""' M+ ��� `'a 1� +s - v'`��'�".-. �'a. + '+. �,�/�' x ��,�grai. �y � � +•t. '�yt�:ti'1'f F+ � �1��Sx.�• ' _ •f '* - _ - •!,",a.7I•. +•'+y. ✓� ��.:� y�»"^� (+ .a.•�a.M� ..b�' wi,..,.�� o*� �,�r. ".t•�"��,�.'� ,:"l •S.-t '4• M^ t t r., '•?��. •;r`t"i {'Ww',r(R'.•4 .'T..1Ae .� .`: 'fry 't'_ 3. �,. 4 bti �f/ *.^`I'.aL _M e� !, r,�• ,�yi++`a'S'�J°y�'.°�'+, t,h�.f/' r; 'k: .t ' /,' Y.•'1 k �' s Y• K ...i :; t. r „3 � .,xw+ '�^•C+'F . lir, �'� "�!r �:+,.J?`'4y�e.� �♦/.�.� �?► " s �; �. ,�`: �+'�`y9r � a�;='� 'N f \ �u '" �yY�}rT ';' i % "'F ;-�c y � �' � �•Is•�ii• - Y; 1b L.. "?. '` '�.t« F�.:X ...� tF..,'�7r. �,.: - A . +, .y: �� � J`�.. _ ' " ! '.�X14•:8,', I /S' y� ,7,'Sar. , fit' M. e " : sx "l ,�r, r..,�.'%�+{• ,j'DY v�1. .. 1 .. � Y'. � ,Lr:'l�'' �Y ��y/{I w,��oy1+"` ,.�TA1 ..5��, r� .y'� Wal arab• w. ►'A i/ S ['•,71� �� f {.- � . +. h Y� F i d�`� '"r.' �3}'�1�' 1�! vt: ����M�it t:A -:� `.�`.. .y'- '�, .1 � �' .//'�h�.i• �aA�"� .��� ! h•' h � �+� s�''rr�'D• Ik"{5�+�`Qa�l)'� .1t� �[��� ' � i� \ R�����`rr 1y�g ��I w�.��' '.k." sT '\ d t, 1VR� �{,�1ys� r,r, .'1y, '•n,}\'c t ����.IC t�t,y f� ` �iY �'►7,�. / +�W�R'A t e,•ley i 'yry` �4 1 (,tro'!� f '.. iF�. "F ..S rt pj A. y _ `;/SI,/ •��lb.i�` 'l},8. +�tH t� ���4� yl�� 'S'` �'S'�•r��: '• ':`Y!�) �14 .' A. I1 ' T'f 4r.+ ,�}: ��. '^ '4k'. ✓,�.+J h �(1a1'.4' J +1:'s' ;7� R�r'. � �/W APL , Mf1.4; �/ r � :` °ten' �•• ` T } e» /'i! "►' I}r .1` �yy�I��`p f�. • " w , -! gp int.fe ' r r ,jo r It r��� , j�y• r� ✓.'`.R4 y; + 'T"' .+. t �+ 1 ;[',1.: r ,�- ; I '.�ii. �J ��,��� .� "i•F�/7 1 *It' ,7 `•, � � i. "�`d � ��"'T rh�� 4v� � z. �1! rFff' _wr ,��J,/ ~'-,'�' � 5, 7 ...: : { y � ;,+,�L ,� +'.yam.° •� +���'!, b �� • l� +n �J.4 w � ��� s .F. r'.y� �^h_r' ��� �'`��" w h ��FC. • "tom 3. '� l a. N t 7«•' � �� � � � r� ' �' '�b.y ♦� �,siw f ''t Mf .'i"1. "rte,' 0.:t. 10*1 •, �. • ,. .b EXHIBIT 9 Proposed Low Sill Area C: } `'� 3 ► erosi + on VJZ 11/18/02 IV 1 1 toll `'•"V S.',If ,O. 'Y[ _ . Ty .�sy, 4 y> fM • M •i} 'a' �11� t �.y+7� " I �_• .36. �•"e`��`,•.. i'.'•"w'R•TG eta:` M •�S{'�i,1•I-, �' 4' .;.�' 1 �{� sem"�y •"� y 1/ �.. .� ��, { . �•' 'Ts�.• i_I-., iE 3. •�, !n ��stfrT�'. 4 -(. , :. .. 'yldb'�.�'s•J��*`'<"''� -� r rte. Z • � ,�� / �,; .�1. y� ,•f. w� V ' .r � ,.j '�� � � "�� fit• +.r Al L . .. Al. `I. �,, �, •, T po Ik w1!^" .�'� •:. '� �' '•t ''`� ,r' � 1. • 7• •1 i y�y �, V. ♦�e ,.,nM+�'` r •M '".Ir' . -w..i >•• ' •'� ins , ' M',' `j` •^t ` •( '' R' 1. ( A ..`M yy, .' S s •1. 1,'� `yam P��,►"' `' F •,,- ..,.rr. c. jtr � �. r.� "1�, gyp• �.=;y � y. ;� � � � � „�a .� 1.,01( tiV. y R