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Zupa, Victor
Albert J. Krupski, President James King, Vice-President Attic Foster Ken Poliwoda Peggy A. Dicke~son Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York I1971-0959 Telephone 1631) 7654892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 28,2002 Mr. & Mrs. Victor J. Zupa 4565 Paradise Point Rd. Southold, NY 11971 RE: 4565 I"amdise Point Rd., Southold SCTM#81-1-16.7 Dear Mr. & Mrs. Zupa: The folk, wing action was taken by the Southold To~vn Board of Trustees at Iheir Regular Meeting held on Wednesday, June 26, 2002: RESOLVED, that the Southold Town Board of Trustees APPROVE the Waiver to install 123' of 4' high black vinyl chain link fencing, with an 8" spacing at the bottom, and one double driveway gate. This is not an Approval from any other agency. If you have any questions, please call our office at (631 ) 765-1892. Sincerely, Albert J. Kmpski, Jr. President, Board of Trustees AJK:lms TELEPHONE (631) 76~-6113 FACSIMILE (631) 765-6119 vzupa@concentric.net ADMfI'I'.k:D: NY,CT, DC,MD VICTOR j. ZUPA ATTORNEY AT LAW 4565 PARADISE POII~'T ROAD SOUTHOLD, NEW YORK 11971 JUN- 719 WEED STREET NEW CANAAN, CT 06840 T!~,!~.PHONE (203) 966-3430 FACSIMILE (203) 966-1724 June 5, 2002 Albert J. Krupski, President Board of Town Trustees Town of Southold Southold, NY 1197l Re: 1000-81-1 - 16.7 Application for fence Dear Mr. Krupski: This is a follow up to the Board of Trustees' (the "Board") meeting held on May 22, 2002 at the Southold Town Hall (the "Meeting"). At the Meeting, the Board postponed to June 26, 2002 a decision on an application for a waiver of a wetlands permit to install a fence 123 feet in length (the "Application"). The fence will be within 100 feet of wetlands and, consequently, the Application was submitted to the Board in its capacity as Trustees to protect the waters, shoreline and wetlands of the Town of Southold from environmental harm. Applications to the Town Building Department and the New York State Department of Environmental Conservation have been handled separately. Previously, the Board had agreed at the meeting held on April 18, 2002 that the installation of this fence was a "minor project," which according to the Board's rules means that the fence"... would have no environmental impact if implemented." Based on the objection of one member of the Board at the Meeting, an unfounded, unproven, oral claim of an "easement" by the Paradise Point Association (the "Association") across the property for the purpose of dredgnng prevented the Board from approving the Apphcatton. At the Meeting it was represented that Mary Zupa is the record holder of title by deed dated April 5, 2002 and recorded in Liber 12181, Page 887. A survey prepared by Joseph Ingegno dated January 7, 2002, and certified to the Chicago Title Insurance Company and Mary Zupa, was submitted to the Board. As shown in the survey, the fence in no way affects any easement. * The oral claim of an easement of right to cross over the driveways to dredge is "unfounded" because the Association has only used the driveway with the written consent of the landowner. These consents are on file with the Board. 2 The question before the Board is: "whether it is proper and/or reasonable for the Board to deny the application of a deeded property owner to install a fence based on an unfounded, unproven, oral claim of an easement, when it has been determined that the fence has no environmental impact?" It is believed that the jurisdiction of the Board extends only to environmental matters and not to the recognition of an unfounded, unproven, oral claim of an easement. While no additional discussion should be necessary, I feel compelled to reiterate the following points made at the Meeting, which should assuage any belief that the Association is being treated unfairly. l. Dredging is accomplished by barge from the seaward side --- not from land. Similarly, spoil can be hauled away by barge. Trucks were allowed over Lot 16.7 by written request from the Association, and by written permission given by the owners of Lot 16.7 (Affidavits of Sinning and Boyd and sample letters attached as Exs. 1-4). Consequently, why would there be a need to obtain permission if the Association had an easement as of right? Further, a discussion with the Bureau of Environmental permits of the DEC indicates that the DEC grants permits to deposit the dredged spoil on adjacent beaches, i.e. it would entertain a request to deposit spoil on the beach adjacent to Lot 16.7. 2. It was never the intent that the Association would have vehicular access over the driveway on Lot 16.7 since the Association was granted a specific metes and bounds right of way (shown on the Ingegno survey) along the wetlands for pedestrian access to its docks. The survey indicates that the Association, through neglect, has allowed this to erode to the point where it no longer has any access to the east jetty. However, as indicated in item no. 4 below, this is now moot since we have assumed all responsibility for the east jetty's maintenance. 3. In 1981, the final distribution of the tracts to the Association was discussed by the developers and the Association and it was decided that certain parcels would be made single and separate for sale to third parties, and others would be dedicated to the Association. (See e.g. memo from the Association dated November 9, 1980 Ex. 5) The Town Planning Board after public heating and resolution approved by its Chairman, setoff Lots 16.7 (Zupa) and 16.8 (Hermance) as single and separate. (Ex. 6) Furthermore, the Planning Board approved the Minor Subdivision map (the map was submitted to the Board at the Meeting) which dedicated Lot 16.11 to the Association.* Lot 16.11 together with the roads in Paradise Point was deeded to the Association to give vehicular access to the Canal. However, Lot 16.11 through neglect xvas also allowed to erode. In fact, even a cursory examination of Lot 16.11 shows that unless something is done by its owner, the Association, to repair the bulkhead and jetty, land access to the west jetty will be lost. 4. We have assumed all responsibility for maintenance of all bulkheads and the jetty on the east side of the canal. Mary Zupa has record title to Lot 16.7, and to the extent that anyone other than a governmental entity owns the east jetty, she does. Please recall that this is the same Association that has allowed the Basin to deteriorate and stated the Town had no jurisdiction over it. It is the Association that, rather than installing drainage rings in roads it maintains as recommended by the Board, dug trenches over private property to drain Lot l 6.11 together with the roads was formally conveyed by deed to the Association in 1989. 3 mad runoff into the Basin. The Association even goes so far as asserting that it has established a '.'marina" in the Basin for unpermitted docks and structures in wetlands which it has installed in the last few years. No permits exist for these docks or structures with the Town or the DEC. This is inconsistent with the R 80 zoning of this area indicated on the Town Map. Finally, while I do not intend to address each and every personal and false statement made in the "letters of concern" submitted anonymously, it is noted that the Association has engaged in a campaign of vilification to bolster its meritless positions. Indeed, most of these statements have nothing to do with the environment, but have been attempts to portray my wife and me as "trouble makers." It is believed that at least one Board member has been influenced by this campaign as indicated by the unusual protective stance taken for the Association at this and previous hearings. This is troublesome when weighed against the disregard for the environment that the Association has shown. Needless to say, the statements made in these letters are untrue or involve half-truths. Based on clearances from the Building Department and the NYS DEC, and anticipating a favorable result from the Board after the Board indicated that the installation ora 4 foot high black wire fence was a "minor project," I entered into a contract with Bob Bohn since I wanted to make sure I was on his summer schedule. Bob went ahead and ordered the materials pending the Board's approval. At the Meeting the representatives from the CAC recommended that approximately 25 feet of the fence on the Basin side be of split rail cedar. We ask that you reconsider this recommendation, not only because the materials have already been purchased, but from the point of view that it would seem to appear incongruous for a straight line of fence of this length to go from one material to another. Additionally, your recommendation that an eight inch space be left at the bottom, and the fact that the fence is completely open for 160 feet at one end and 40 feet at the other, would appear to eliminate any concern that small animals would be trapped on either side of the fence. Finally, the fence will not be a permanent structure, but will be removed after our home has been constructed. We, of course, will abide by the decision that you reach. We request a final decision on this matter from the Board at the meeting on June 26, 2002. Sincerely, 4 FR~Dfd : ZU~LAU S'I'ATE OF NEW YORK COUNTY OF SUPI"OLK SS,: JOHN SINNING, being duly sworn, deposes and says: 1. I reside at Paradise Point Road, Southold, NrY 11971. 2. I am the President of Parad/~e of Southo[d, Inc. which owns a 2% fee shnple interest in the property known by tax lot des/gnation: Dist 1000 Sect $1 Block 1 Lot 16.'7 (thc "Property"); I also own othc~ property in thc vicinity nf the Property. 3. I submit Ibis affidavit in co~ection with tl~ purcha,sc of the Property by Mary 5. Zupa, and in support of the fact that no prescriptive easement exists on the driveway and. turnaround, as shown on a s~u~'ey of the Propcr~y preps'ed by Joseph A. lngegno and dated Sanuary 7, 2002. 4. Thai any use of thc driveway and turaarov, nd (outside of that pan of thc driveway wilt~in the casantent area ~ shov, n on the above described survey), by the Paradise Point Association, or its members, was not adverse or under color of right independent from the owners, but a. lways under and with the consent of the owners. 5. That any use of thc Prop~ty by the Association et its members under independent color of right, and not under or with the consent of thc ownem, lms been. and is. limited to the area contained within ~h¢ easement d, scribed by met~ and bounds in a deed dated February 23, 1989, recorded in Libor 1080 Page 555, a~ which easement ~re.a is ~hown on the above described survey. 6. Tl~t durin~ the period [ 1989 to thc pre. sent] i~ have an a [weekly monthl~'~',bmi~ used the driv~vay and turnaround. Subset. b.c. d and sworn ~ bcfore me Not ~zy Publ/c FROM, 27 ~f]02 10:~SPM P4 STATE OF NEW YORK ¢OUNI~ OF SUFFOLK EDWARD IOHN BOYD V, being duly sworn, deposes and says: Imsideat ~ea~,,~ ko -,'~' ~ Southold, NY 11971. 2. I am a shareholder h~ Paradise of Soulhold, [nc. which owns a 2% fee simplc thc property known by tax lot de. aigna~ion: Dist 1000 S~ct 81 Block I Lot 167 (the "Property"); I ~lso own other property directly across from the Property. 3. I submit this affidavit in comiection with the purc 'has~ of the Pmpet~ by Mar~ ~. Zupa, and in support of the fa~t that no pr~scriptiv¢ easement exists on the driveway and turnaround as showu on a survey of the Property prepared by )oseph A. Ingegno and dated .Tanuary 7, 2002. 4. Thai aly use of the driveway and turrmrouad (outside of tha~ par~ of~e ~iv~.ay wi~iu ~c e~t ~ ~ ~ox~ on ~e above de.bad survey), by the P~ise Po~t ~oi~on, or i~ m~be~ w~ not advo~ or ~d~ color offi~It indep~em ~om ~e o~, but ~waya ~d~ ~d with ~o consent of~e o~. $. Tha~ any use of the Property by the AssociaTion or im members under indep~'ndent color of ri_ebt, and not m~der or with the consent of~e owners, has been, and is, limited to ~¢ area contained within the easement dcsc~ib~.i by mct©s and bounds in a deed dat~. February 23, 1989, r~corded in Liber 1080 Page 555, and which easem~'nt ama is ihown on the above described survey, .: 6. T'n~t during the period [-l:i~ to th~ present] ~ havc oll a ~, dai!y] bas~s u~d thc driveway and mmarouext. Subscriber and sworn m bcfo~ me Notary Public EDWARD JOHN'~OYD V Paradise Point Association C/O Gaston Criblez 326 Arleigh Road Douglaston, NY 11363 ~'ohn $inn!_n_g POB 724 Southold, NY 11971 I~: Southold Town Ae~ss Consent Form December 25, 2000 Dear $ohn, With this letter I an enclosing the Town of Southold Access Consent Form filled out and executed as we d/scussed at the Trustee meeting. Please execute and return to me at the above address. Wishing you and yom' family ~ healthy and l~ppy New Ye~. Yours truly, Gaston ~'. Cfiblez Pre~/dcnt PARADISE POINT ASSOCIATION, INC. 4550 PARADISE POINT ROAD SOUTHOLD, NY 11971 May 22, 2000 Mr. John Sinning Par~__,!i-~ PohU Road Southokl, NY 11971 Dear John: Pursuant to the Southold Town Trustee's Permit to Dredge issued to the Paradise Point Aaso¢iarlon, we ask you to renew your permission to continue the past practice of having Latham Sand & Gravel transport the dredging spoil from the dredge site by truck over the existing road on the East side of the canal, together with your waiver of the bond Thank you for your coop~ation. l~nu~m of i~etin~ of the Board'of Direcltore o~ the Parediae Point Ngv;~ber Presents ~oyd, Gcaroy, Elfers, Meefus, Davis, Scalia Invited Gueeta: Curcuru ~-d J. ~ · ~eeting called to order a~ 11~30 A.:~. 1.) The purpose of tho meeting vas to discuss the recently learned Rla~A of the Paa~ea Point Oorp. to s~l.l off most of the ro~-~ng 1,~ ~ the point, i~cA .u~ 'the point itself en~ the land on both aides of the en~raace channel to the basin. .3.) Cd.l ~lenbac~ was invited to explain the corporation's plani which he did in soma detail; ~fter Gil's departure the Directors drew up the N-=o_r-~,,m attached to these minutes =-~ made a pert thereof -~ insti'ucted Ted Boyd as President to. p~eeamt '~l.e memo to C~i this sa~e day (November 9, 1980) for the consideration of the corporationJ Ted Boyd was ala~ directed'to mention to the corporation the fact that the ~ of Director, have agreed to consider seeking legal adwl~e in .order to Rrotact the interest~ of all the reaidents of the Point. If this decisio~ is imple~entsd the directors will meet again" to authorize funds. The meeti~ was adjo'~-~ed at 12:30 P.M. ~bert Jcalia Secretary 8outhold, N.Y, 11971 Mr. Gedrge Fisher Senior Building Inspector Town ~all Southold, New York 11971 June 4, 1981 TELICPHONI~. 765-1938 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 oh 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 SOUT~OLD TOWN PLANNING BOARD By Linda Kimmins, Secretary - '~-/o- '7 CHARLES R CUDDV PA6E o/ ~ Mailing Add. ss: POBox 1547 Riverhead, NY 11901 CHARLES R. CUDDY Attorney at Law 445 CrritTmg Avenue Riverhead, NY 11901 June 26, 2002 Tel: (63 D 369-g200 Fax: (631) 369-9080 e-mail: ~r~u&~,'(~r fl~lln Ic ~c t VIA FACSIMILE- 765-1~23 Gregory Yakaboski, Esq. Southold Town Attorney Main Koad Southold, NY 11971 Re: Application of Victor and Mary Zupa Dear Mr. Yakaboski: You will recall that there is a matter pending before the Town Trustees which is the subject of a letter by Helen Rosenblum to you under date of June 24, 2002. As indicated at the last Trustees' meeting and in my conversation with you, residents of Paradise Point are greatly concerned that approval of the application before the Trustees, which wouldfesult in a fence across the property recently acquired by the applicants, would seriously impair, ~f not prevent, the exercise of fipa.rian fights by members of the Paradise Point Association. The use of the subject property for dredging purposes has been confirmed by the Trustees by. granting of dredging permits on a number of occasions. One of the prime considerations in any decmion by the Trustees must be the consideration of the effect on riparian rights. The parties have been attempting to resolve their differences and, I believe, that with additional time there might be a full settlement relating to the issues surrounding the use and control of the subject parc. el. I am, therefore, hopefoi you will take sufficient time to review this matter and, if necessary, admse the Trustees that additional time is required in order to come to an appropriate decision. Very truly yours, Charles R. Cuddy ~/ CRC:FML ccr Helen J. Rosenblu~., Esq.. Sout~ol~ Tow~ T=uscees 1~:43 G313999080 CNARLE$ P CI3DDY PAGE 01/02 Tel No.: (631) 369-8200 CHARLES R. CUDDY Attorney at Law 445 Grh~ing Avenue Riverhead, New York 1190[ Fax No.: (631) 369-9080 TO: Helen J. Rosenblum, Esq. Southold Town Trustees Fax ~: 727-5524 765-1366 TELECOPIER COVER SHEET Total Number ofpages~2 including cover shoot. If transmission is faulty or incomplete, please inform us as soon as possible. Operator: Joan Pate: June 26, 2002 Comments: Re: Application of Victor and Mary Zupa Attached is copy of letter sent to the Southold Town Attorney today. Charles R. Cuddy ~is fax transmission to. ~etlwr with materials fol~owing are intended for t~e t~erson or persons named I~eeon and are vonsidered confidential Dtformat~ot~ lf $ou ha~e recelved ttds transmlss~'on in arror, you ase direvted to return tlae.~e materhtls innmed~ately by regular mail to the sender at tl~ abo~ address. Postage incurr~d for the return will he b$ thls firn~ ~6/24/2~02 14:4S 631727552~ PAGE HELEN J. ROSENBLUM ^TYORNEY AND COUNSELOR AT LAW 1287 EAST MAIN STREET RIVERHEAD, NEW YORK 11901 (631) 727-1010 FACSIMILE; (631) 727.SS24 E-MAIL: hir~elilaw.net l.'Ta Facsimile June 24, 2002 IL.'. ',:' Gregory F. Yakaboski, Esq. Southold Town Attorney PO Box 1179, 53095 Main Road Southold, New York 11971 Re: Anolication of Victor and Mary Zupa Dear Oreg: This will confirm our conversation last Friday during which you indicated that you had not yet discussed this matter with the Trustees. As you know, the Trustees' meeting is this Wednesday and at the beginning of the agenda should be a resolution regarding the Zupa application. You mentioned on Friday that you would attempt to call Mr. Krupski today and I would appreciate your doing that. While I recognize that you are overwhelmed due to Mary's departure, as I also mentioned to you, it is beyond time for this resolution to be prepared. Given that the Trustees' issue as a matter of law is constrained to dealing with the environmental impact of the fence only, there should be no question of the ultimate affirmative passage of this resolution. I am sure you are not aware that the Zupas are suffering substantial inconvenience from trespassers who are removing the existing temporary fencing, entering onto their land and littering it with all kind of debris as well as causing a general disturbance. On another, somewhat related front, I am pleased to tell you that I believe a consensus between some of the neighbors and Mr. and Mrs. Zupa concerning the overall use of the property, including the fencing, is becoming a reality. I want to make it clear that although there were objectants at the last meeting of the Trustees, they did not represent the Paradise Point Association, Inc., as the fencing has never been an issue before the Association. As a matter of fact, at the annual meeting of the Association which took place this past Saturday, the majority of those objectants who had been officers and directors of the Association, elected not to continue .z~,z oz i4,4_ 6dl/2/b52~ PAGE 83 Gregory F. Yakaboski, Esq. June 24, 2002 Page Two in their positions. Under these circumstances, it strikes me that litigation between the Zupas, the Town and/or the Association would be both fruitless and destructive as well as urmecessary. Thus, ir would be in everyone's best interest to resolve the fence issue on Wednesday, and towards that end, I also will be attempting to contact Mr. Krupski prior to the meeting unless you can advise me that you have done so and there is no need. I would appreciate any intervention and assistance you can render. Thank you ve~ much. Sincerely, HELEN J. ROSENBLUM HJR:jos cc: Victor and Mary Zupa Charles Cuddy, Esq. Southold Town Trustees 06/2472002 14:45 6317275524 PAGE 01 HELEN J. ROSENBLUM - A'i'fORNEY AND COUNSELOR AT LAW 1287 EAST MAdN STREET RIVER. HEAD, NEW YORK 11901 (631)'72{-1010 FACSIMILe: (631) 7'm7-5524 B-MAIL: FACSIMILE TRAN'S MITTA I. TO: SENDER'S FACSIMILE NO.: (631)727-5524 ADDRE~SEE'S FACSIMILE NO.: 7(~-- /ff~' NUMBER OF PAGE8 0NCLUDINO COVER SHEET): sUBjECTMA'rrER: ~~,~z~ ~/ .~ COMMENTS~SPECIAL INSTRUCTIONS: VICTOR J. ZUPA ATrORN'EY Al' LAW 4565 PARADI$1~ POIAIT ROAD SOUTHOLD, NEW YORK 11971 TELEPHON]~ (631) 765-61 FACSn~4n.~. (631) e-M/~ \,zupa,~,concentric.net ADMq r~D: NY,CT,DC.MD 719 Ve-EED S'I'I~ET NEW CANAAN, CT 06840 TELEPHONE (203) 966~3~t30 FACSI1VI1LE (203) 966-1724 VIA FACSIMILE June 14, 2002 JUN I 002 Albert J Krupski, President Board of Town Trustees Town of Southold Southold: NY' 11971 Gregory Yakaboski, Esq. Town Attorney [ Town of Southold Southold, NY 11971 Re: 1000-81-1-16.7 Application for fence Dear Messrs Krupski and Yakaboski: It appears that sometime last night someone removed the temporaxb, chain blocking the entrance to the driveway and turnaround at 580 Basin Road, and drove into the property. As previously stated m writing, and orally to the Board, the use oft. he driveway and turnaround for panics and other activities present a personal risk to us in the home we now live in which adjoins 580 Basin Road, and to person and properly generally. One of the reasons we purchased 580 Basin Road was to end ins risk by mstalhng a fence and gate blocking this unauthorized entry into the property. It has now been over two months since I contacted the Board of Trustees for a determination that there is no environmental impact to wetlands that the inslmllation of the fence and gate wonld have. lmdeed, at its closest point, the fence is more than 30 feet from any wetlands. I have addressed in a p~5or letter, as well as orally before thc Board, the prudence of inaction by the Board based on an unsupported claim of an "casement" pending a referral to the Town Attorney. Making the best case for the "claimants," whose identity has yet to be disclosed, and whose form of easement was not even mentioned, they claim a "prescriptive easement." A prescriptive easement requires a court of competent jurisdiction to determine questions of fact and law which include proof that a ¢lamlant (whose identity is known) used thc property under color of right, adverse to the owners interest and without the owner's consent. Assuming the claimant is the Paradise Point Association, and a not third party trespasser, the Board, ~f it is assuming the role of a eom't, has on file in its official records, that the Association used the property with the consent of the owners. We believe we have an overriding inte~st, to be secure in person and property i'o our home at 365 Basra Road and our property at $ 80 Basin Road, both of which are zoned residential. Since the application is for a waiver which does not require a hearing, and given the urgency of this rm,~ter, I request that a decision be rendered on the application immediately. FROM : ZIJPALAW FAX NO. : 6317656119 Iun. 14 2002 12:52AM Pl $outhold, NY 11971 VICTOR d. ZUPA Attorney at Law 're: Albert J. Krupsk[; Gregory Yakaboski From: ViC Zupa Fax: 765-1366;765-1823 Pages: 2 Phone: Date:. 6114~002 Re: 1000-81-1-16.7 CC: U~en! Please see the attached letter and deliver immediately. 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 GI~EGORY F. YAKA~OSKI TOWN ATTORNEY NO. 412 P. 1 JOSHUA ¥. I'~OI~HON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southald, New York 11971-0959 T~tsphone (631) 765-1889 e-mail: greg. yakaboski@ town.southold,ny.u~ OFFICE OF THE TOWN ATTOH~E¥ TO.tN OF SOUTHOLD VIA FACSIMILE (765-1366) June 26,2002 Board of Trustees Town of Southold Feather Hill Annex Southold, NY 11971 Re: Zupa application Dear Members of the Board of Trustees: '2 6: r)O I realize that the Board had questions for this office about this application and a couple of the attorneys involved in this matter have contacted me directly. Unfortunately, due to the recent volume of projects and with Maw Wilson having taken another job, I have been unable to review the Zupa file. I would respectfully suggest that this matter be held over until your next meeting so I can review the issue and provide the Board of Trustees with the requested legal advice. I will make it a priority to review the file prior to your next scheduled meeting. GFY/md Telephone (631) 765-1892 Town H'.dl. 53095 Ma~ Rx~d P.O. Box 11'/9 Sour, hold, New Yo~k 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Consergation Advisory Council held Monday, May 20, 2002, the following recommendation was made: Moved by Scott Hilary, seconded by Drew Dillingham, it was RESOLVED to recommend to the Southold Town Board of Trustees A~I~¥AL WITH A CONDITION of the Waiver .Reque~ of VI~?,T~ J. ZUPA & MARY S. ZUPA to install 123' of 4"1~t~ bt-ack v~hyl chain link fencing with one double driveway gate. Located: 580 Basin Rd., Southold. SCTM#81-1-16.7 The CAC recommends Approval of the application with the condition that the length of the fence going seaward be eliminated in the wooded area so it doesn't limit the movement of the natural corridors. Vote of Council: Ayes: All Motion Carried ,/ 8outhold, N.Y. 11971 HF. NRY i~., RAYNOR. Jr,. ,{AMK-S BF..NN~ ORLOWBKi. O[;ORO[: RITCHIE L,ATHAM, ,h. 'William F. Mullen, Jr. T~LEPHONe 765-1938 Mr. Gedrge Fisher Senior Building Inspector Town Hall Southold, New York 11971 June 4, 1981 Dear Mr.'Fisher: The fol~owing 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.~:5 acres and an unnu~ered 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 SOUTU0~D TOWN PLANNING BOARD By Llnda Kimmins, Secretary MAnures of Nee%io.~ of the Board of Dir~itore of ~he Paradise I3o~nt ~ovember 9,1~80 Freeent$ Boyd, 6onroy, Elfers, ~eofus~ Dmvie~ ~calia Invited Guests, Ourcuru and J. ~ Meetix~ called to order aA 11~30 A.M. The purpose of the meeting was to discus~ the recently learned pland of the ?aradiae ~oint Oorp. to eall off moot of the remaining lami o~ t~ point, incluSZug ~he point itself and the land on both-"'sides of the entrance'=hanuel to the basin. 2.) C/A1 ~allenback was invited to expiate the oorporation's plani which he d,id i~ ~ome detail; 3.) After Gll'e departure the Directors drew up the at~ach~d to these minutes and made a part thereof instructed Ted Boyd aa President to.. preee~% this memo to this same day (November 9, 1980) for the consideration cf the corporations Ted Boyd was also directed' to mention to the corporation the fact that the ~ of Dlrector~ have agreed to consider seeking legal advice in.order to protect the interest~ of all the residents of the Point. If this decisio~ is i~Aplel~ented the directors w~1 meet again, to authorize funds. '£h¢ .~eetin~ was adjo'~ed at 12:30 ~.M. ~bert Jcalia Secretary 'i Marc & Laura Klein 3595 Paradise Point Road PO Box 390 Southold, NY 11971 May 15, 2002 Southold Town Trustees PO Box 1179 Southold, NY 11971 Dear Sirs and Madames: We are writing to express our concern about, and opposition to, Victor Zupa's application to install a black vinyl chain link fence across the road in front of Lot #1 in the Paradise Point Association. (SCTM #1000-81-01-167) Mr. Zupa seems to truly believe in the adage "good fences make good neighbors" and has taken every possible opportunity to install fencing within the Association. 'Over- fencing' on the lot on which he currently resides has fostered ill will among neighbors in the community and is aesthetically unpleasant -jeopardizing property values of nearby owners. His current proposal will promote the same, and even more of a concern to us, might affect safety around the boat basin. A number of older residents, and those of us with children who do not live quite so nearby, drive cars to shuttle equipment and young ones to our boats. New fencing makes parking and turning difficult and possibly dangerous. As a result, we hope you will reject this application. Sincerely, Marc and LauraKlein May 17,2002 Southold Town Trustees P.O. Box 1179 Southold, NY 11971 Dear Town Trustees: Please include the following comments in the minutes of a meeting to be held on Ma,, 92 '~oq'> regarding the request of one Mrs. Victor Zupa to erect a fence in violation of the rights of the Paradise Point Association. Members of the Paradise Point Association have been using the turn-around and parking in the ama now called "Lot 1" at least since 1963. In fact, "Lot 1" first appeared on a map drawn in 198 I, which apparently was never properly filed with the county. It is my understanding that the only map recognized by the county was filed on April 1 I, 1963 (No. 3761, also known as 1000- 81-1-16.7). This 1963 map shows a road on the property, which leads me to wonder how Mrs. Zupa was able to acquire title or title insurance to this property'? Has a formal amendment to the 1963 Subdivision Map of Paradise Point been made'? It is my understanding that such a substantial change requires written permission of the members of the Paradise Point Association, according to provisions of the covenants and restrictions in the homeowners' deeds. In fact, the property now called "Lot 1" was originally intended for common use by all members of the Paradise Point Association. As a result, members of Paradise Point Association have the right to use the turn-around and parking area in "Lot l," regardless of this particular owner's wishes. The Zoning Board of Appeals of the Town of Southold unanimously recognized the Association's right in a decision made on August 9, 1995, filed by the Southold Town Clerk on August 23, 1995. That decision preserved the turn-around and parking area as integral parts of the boat basin. In addition, the Zoning Bom'd's decision emphasized the impotlance of the turn- around for fire trucks, an important safety concern for the marina areas. The current owner's intentions are unclear. Perhaps Mr and Mrs. Zupa have purchased "Lot 1" with the intention of enclosing it by erecting fences, in clem' violation of the rights of the members of the Paradise Point Association? As a lawyer. Mr. Zupa probably knows that if he succeeds in erecting and maintaining these fences, someday he may have a better chance of using "Lot 1" to suit his and his wife's purposes, whatever they may be. The Paradise Point Association bas jn,~t qpent $37.000 repairing the jetty, which it built and owns. The Zupas' intent to enclose the turn-around and parking area will close off the Association's access to the jetty and canal, which leads into the boat basin, at least by land. How then will the Association be able to pertbrm necessary, maintenance if property which has been itt common use is fenced ofF? Do the Zupas intend to claim ownership of the jetty, too, possibly to include the square footage of tbejetty in the total square footage of "Lot 1"? If successful, such a claim might make it easier for them to get a building variance later on, if that is their intention. Furthertnore, erection of a fence will degrade the natural environment. It will damage a wildlife habitat of long standing. 1 personaily have seen a tbx there, a stag, rabbits, and many species of birds. Enclosure of this property by a fence will deprive these wild animals of a much- needed refuge from encroaching overdcvelopment. In addition, the erection of a fence may damage the fragile wetlands on the property. Finally, the erection ora fence will mar the natural beauty of Paradise Point. Despite his claims to the contrary, Mr. Zupa has 'already degraded Paradise Point's environment. It is my understanding that his decision to pave his driveway with asphalt has increased the run-off from the road into the boat basin. Will the installation of a fence increase the erosion of the soil in this area, which is already a problem of some significance? In any case, Mr. Zupa has consistently shown himself to be an adversary to the Paradise Point Association and its interests. As a lawyer, Mr. Zupa has deliberately used his professional expertise to create an atmosphere of bullying, harassment, and intimidation on Paradise Point. He has used the law to threaten residents of Paradise Point, while claiming he is the victim of plots hatched by Association membens! He refuses to pay his dues. claiming he has resigned from the Association--in violation of his own deed. Indulging a penchant for character assassination by writing ranting, insulting letters, Mr. Zupa seems to display a desire to carry on what could be characterized as a vendetta against the Association. The desire to enclose "Lot 1" may, perhaps, be part of this agenda. If "Lot l" is re-zoned as residential by the Town of Southold, then the Zupas may acquire control over all future development of the boat basin, possibly limiting its thrther use by Association members. Whatever the Zupas may be planning, there is no reason why the Town of Southold should aid them in defrauding resideat dues- paying, members of the Paradise Point Association of their rights, or assist them in their persistent efforts to degrade a fragile wetland environment. Please reject Mrs. Zupa's application for permission to erect a fence on land historically intended for common use from the inception of what is now Paradise Point. Sincerely, ,~ t A Concerned Member of the Paradise Point Assuciation APPEALS BOARD MEMBERS Gerard R Goehringer. Chairman Serge Doyen. Jr. James Dinizio. Jr. Robert A. Villa Lydia A. Tot\ora I;OA R D O F .k PPEA -fO\VN OF $O[:TI~ OLD 5,)uthold To~n Hall 53,305 5.1sin Road P.O. Box 1179 5,mrhold. New York 11971 Pax 15 I6~ 765-1823 [::iCphcdC ~516> 765- ACTION OF TH\.' P,O.-\RD OF .,1, I..\L~ Appl. No. ,t314. Upon Application o£ JAMES ANI) BARBARA MILLER, Contract Vendees (Owner: Paradise o£ Sootlmld, Inc. and Others). 'Phis application is based upon the March 29, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant5 are requestiug a building permit to locate, a new sial~/le-family dwelling, disapproved on the following ~ounds: "1. This parcel of 1.1.9 act.os is; not sb~;wp~ on the Map of ' 100-=8iA-, . Para.se Point, Section One, as a buildin~ lot, Section '~ ' Single and separate search required buck to 1957. 2. Approval required by Board of ,\ppeals to build single-family dwelling as a second use ou this 1.79-acre parcel. R-80 Zone requires 80,000 sq. ft. of land area pry use (or 160,000 sq. ft.), ref. Article III, Section 100-:!0A. 3. Approval is required £rom Board of Appeals ander Article XXIII, Section 100-239.4B loc locatkm 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 tiffs parcel as Ch. 100 and Ch, 108... " Location of Property: 580 Basin Road, Southold, Section One, Filed Map No. 3761 filed .\pcil 11, 1!)6:1; 1000-81-1-16.7 (formerly part of 16.-1). a bu/ldin~ lot. Paradise ~Poi~t ~ ";7.L ..... . .' also k~o&n as WtIEREAS, public tmarings were held on Juac 7, l!)!/5. ,July 12, 1995 and August 9, 1995, at which times all pet's, om; who desired to be heard were heard and extensive testimony P(}ctJpdcd (pro artd con); and WHEREAS, the Board has carcludy considered .dl testimony and documentation submitted concem~ng this application; Page 2 - Appl. No. Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 WHEREAS, Board Members haw-~ familiar with the premises in question, surrounding areas; and pcr'sonally viewed a~d are its present zoning, and the WHEREAS, the Board made tho following findings of fact: 1. BASIS OF APPEAL. The Building Inspector's Notice of Disapproval, upon which this variance application is based, is dated [qarch 29, 1995. On March 1 0, 1995 the Builcihlg Inspector received a building permit applioation to construct a single-family dwelling with decks, accessory swimmingpool, and retaSiffng 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; ea~sements for access to tho jetty by lot owaers and others using the private marina, as well as open accessibil/ty to and around the perimeter of this 1.79+- lot. 2. CODE REQUIREMENTS. Tile grounds for di~,approval 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 i957. 2. Approval is required ... to building single-family dwelling as a second use on tiffs 1.79-acre parcel. R-80 zone requires 80,000 square ['eot 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. Tike premises in question is located along Basin Road at Paradise Point identified on the County Tax Maps as District i000, Section 81, Bh)ck 1, Lot 16.7 cuntaining a total area of 1.79 acres (inclusive of low wetland area and hkclusive of a strip of ][and referred to as a "jetty" .- whose owaecship has not be ascertained through title insurance or ~hroui{h search of deeds). After removal of the jetty upland area from the total area of ti-tis property, the lot area is 74,595+- sq,~are feet. The areas subject to flooding and unusuable ~'or parking and resi,lcutial-type uses appoars to be 5,000+- sq. ft. , leaving a total upland area o17 approximately 70,000 sq. ft. for two uses: (a) the existing pr'ivate marina use and (b) a proposed singie-farrdly ct~:;idential dwelling with accessory uses. Conti~ous to thc cast !s Bagio. l{oad, 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 presen't improvements (base of road extending from Basin Road to the westerly waterway section), for construction of a new dwelling and accessory.swimming-pool. 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 rewiewed 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 ParacLise Point pertaLu/ng to the ~n o'~in Ro'-~-~d and possible turnaround area, however, a formal map filing for the amendments were not found through the County Clerk's records. The maps arc, unclear as to whether the existing access used as an Extension of Basin Road, and by lot owners and their families, was to be in[entionaBy 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. position of the Board that: It is the la) an undesirable change will be produced by the grant of the relief requested for two principal uses on this 74,595+- square foot; lb) 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; lc) is substantial; as noted in paragu~aph 5 above, the relief requested (d) the diJYficulties 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 hnmediate 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 pr/ncipal 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. 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, Dimizio, Villa, and Tortora. This resolution was duly adopted by unmnimous vote of the board members. P. iRECEIVED AND FILED BY VICTOR j. ZUPA ATTORNEY AT LAW 4565 PARADISE POINT ROAD SOUTHOLD, NEW YORK 11971 TELEPHOI'~E (63]) 766-6112 FACS]M]7~E (631) 765-6119 £-Mam vzupa~concentric, net ADi~u'l-r.~D: NY, CT,DC,MD 719 WEED STREET AIEV~ CANAAN, CT 06840 TELEPHONE (203) 966-3430 FACSIMILE (203) 966-1724 April 25, 2002 Albert J. Krupski, President Board of Town Trustees Town of Southold Southold, NY 1 1971 Re: 1000-81-1-16.7 Application for fence Dear Mr. Krupski: Many thanks to you and members of the Board for taking the time to meet with me and my wife last night to discuss our plan for the development and preservation of the lot we recently purchased. As you know, this lot adjoins our present home, and is bounded by both the Basin and the Bay. As I mentioned, our plan is to build our permanent, year-round residence on the lot, and to take the necessary action to arrest the erosion that has occurred on the Basin side of the property. In 1981, the lot was shown to have 2.3 acres; it now has 1.6 acres. Our first step is to prevent the random and unauthorized use of the driveways and turnaround by the construction of a 4 foot high black vinyl cyclone fence and gate as indicated in the enclosed application and survey. This is intended to prevent the recurrent disposal of garbage on the property which you saw in the photos, and which inevitably winds up in Town waters and wetlands. It will also prevent the use of the property as a hangout for night parties and other uses which has affected the use and enjoyment of our present home. As mentioned last ni.qht, the fence in no way affects the ri.qht of way that the Association has. The enclosed survey, dated 1/7/02, and photos I showed last night, indicate that a considerable portion of the right of way has been allowed to erode because of the failure of the Association to maintain it. The Association's was obligated by New York law and by its own corporate constitution to maintain the right of way. To confirm what I said last night, my wife and are assuming the maintenance and preservation obligations of both the jetty and the shoreline of our property to prevent further erosion. As I stated, both the property and the jetty were expressly conveyed by deed to my wife. Vis a vis other private individuals, she owns the jetty (assuming neither New York nor the Federal Government preempt her interest.) If an interested party wants to have access over our property to inspect the jetty, we have no problem in doing what has been done in the past, i.e. granting written consent as necessary. In this regard, it is emphasized that my wife and I have the same interest as others to use the Basin for our boat and to have access to the Bay through the jetties. However, we also believe that the Basin is a valuable environmental resource, and should be protected and treated accordingly. I gave to you last night, and again enclose, the results of a title seamh I had performed two years ago as to the ownership of the bed of the Basin. Again, the official land records of the State of New York in Albany (as well as the records maintained at the DEC in Stony Brook) show that the Basin is part of the Andros patent, and owned by the Town of Southold. The official map which goes back to 1900 belies any claim that this was a "recent" man-made body of water and owned by the Association. I had undertaken this effort because of the assertion of some members of the Association that the Town had no jurisdiction over the Basin, and that the Association could basically do whatever it wanted to it. I placed a copy of this report in my file two years ago. My wife and I look forward to your May 15 field trip so we can receive your suggestions for preservation of the Basin and prevention of further erosion. Sincerely, 2 JOSEPH J. SEYMOUR STATE OF NEW YORK EXECUTIVE DEPARTMENT OFFICE OF GENERAL SERVICES MAYOR ERASTUS CORNING 2ND TOWER THE GOVERNOR NELSON A. ROCKEFELLER EMPIRE STATE PLAZA EDMOND F. SCHORNO · 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 the Office of General Services. Please contact me at (518) 486-1479 if you have any further questions. Sincerely, Richard W. Bennett, L.S. Public Lands Surveyor Examiner Bureau of Land Management Enclosure of the SHORE lANE OF SUFFOLK showing ~he COUNTY'. N.Y. made by ~ ~e L~E OF O~G~ ~X WA~ER. PEEPED FOR THE CO~ISSIONERS OF THE L~D OFFICE ~r ~ ~ee~on of ~06. 0 0 L D 0 B A Y o L JOSEPH J. SEYMOUR STATE OF NEW YORK EXECUTIVE DEPARTMENT OFFICE OF GENERAl. SERVICES MAYOR ERASTUS CORNING 2ND TOWER THE GOVERNOR NELEON A. ROCKEEELLER EMPIRE STATE PLAZA ALBANY, NEW YORK 12242 EDMOND F. SCHORNO 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 the Office of General Services. Please contact me at (518) 486-1479 if you have any further questions. Sincerely, ~d W~'. Be n~n :tt ,~L .~":x~ Public Lands Surveyor Examiner Bureau of Land Management Enclosure of the SHORE LINE OF SUFFOLK COUNTY. N.Y. showh~g the ~nade by ~ ~e L~E 0i 0~O~ ~GH WATER. PREP~D FOR THE CO~ISSIONERS OF THE L~D OFFICE ~r ~ ~ecfion of 1906. TS' t ~AY' ~/o/~ 18.16 w W W w Albert J, Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Route 25 P.O. Box Southold, New York 11971-0969 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application Wetland Permit Application __ Major Minor ~-W aiver/Amendme.~t~C~ h~ges Received Applic~iqn: ¥1 ~/o '~ RecetvedFee:$ /~o ~ Incomplete .fL ~_-~ SEQRA Classifi~tion: ~ TypeI TypeH Unlisted__ ¢oordination:( te CAC R re.al Sent: ¥ Receipt of CAC Report: '._.~._ __ Lead Agency Determ/nation:__ __ Technical Review: _ , Public Hearing Held: ~'I-~ v' Resolution: Name of Applicant Victor,I 7,,? ~o,~,~ 7 .... Address 4565 Paradise Point Road. Southnld. NV !!97! Phone Number:( ) 765-61 ~ 9 Suffolk County Tax Map Number: 1000 - 81-01-16.7 Property Location: 580 Basin Road_ Rn~,thnlrt, NY (provide LILCO Pole #, distance to cross streets, and location) AGENT: (If applicable) Address: Phone: Board of Trustees Application Area Zo.~.S: Prca4ous use of property: Intended use of property: GENERAL DATA RSO vacant lot one family dw~llin Prior permits/approvals for site improvements: ABency Da~e X No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a 8ovemmental agency?. )t,lo Yes If yes, provide explanation: .Project Description (use attachments if necessary): Install 123' of 4 foot high black vinyl chain link fencing with one double driveway ~ ................ ~,,c~., ,=u ,,,o=, i flUm~l ~u[vey dated 1/7/02. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed op~v. ions: Install fence to allow orderly and secure developm~.nt nf prn,n~d;, ~nd to prevent unauthorized use Area of wetlands on lot: .square feet Percent coverage of lot: % Closest distance between nearest existing structure and upland edge of wetlands: feet Closest distance between nearest proposed structure and upland edge of wetlimds: 30 feet Does the pwject involve excavation or filling? X No Yes Ii'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: feet Pwposed slope throughout the area of operations: Manner in which material will be removed or deposited: Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attaclunents if appropriate): Prevent erosion and garbage disposal on lot will have favorable effect on the ~.nv/rnnm~nt Albert J. Krupski, President James King, Vice-President Henry Smith .~ie Poster Ken Poliwoda Town Hall · 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOV~ TRUSTEES TOVFN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of ....... COUNTY oF SUFFOL U STATE OF NEW YORK) being duly sworn, d~pose anQ say: That on the/'~ day of ~, 200 , I personal~y posted the property known as ~--F~ ~%,"~ ~ 3d~ ~. 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 h~ring, Dat~ of hearing noted thereon to be held ~~ - / Dated: Sworn to befor~lme this day of 200 C~A~RE L~ GLEW Notary Public, State of New York No. 01GL4879§05 Qualified Jn Suffolk Commission Ex~ires Dec. ture )~/ y/ PROOF OF MAIl,LNG OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Ed Curcuru & Pat Curcuru, as trustees of Basin Road Real:ty Trust Ad&ess: Unit 301 4311 Gulf.of Mexico Dr. Longboat Key FL 34228 Paradise Point Association cio Rain Carlson, Treas. PO Box 1614 Southold NY 11971 STATE OF NEW YORK COUNTY OF SUFFOLK Victor J. Zupa , msidin§4665 Paradise Point Rd gn.m,~,~, ~,lv ~ !971 , being duly sworn, deposes and say~ that on-/l~ .... .2~~'''-'''~ day of May ,2002 , deponent, mailed a t~ue copy of the Notice - set forth, in the Boaxd 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 a. re the address of said persons as shown on the current assessment mil of the Town of Southold; that said Notices were mailed at the United States Post Office at Southold , that said Notices were mailed to each of said persons by (certified) (r~t~) mail. return receipt re st%d Swom to before me this Day of /I/(F~LC/ , 20 O ~ CLAIRE L GLEW Notar~ ~, S~m ~ N~ York ', No. 01GL~79~5 Oual~i~ in Suffolk ~u~ _~ ~ ~mmi~ion ~ires Dec, 8, ~ NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES~ .TOWN OF SOUTHOLD In the matter of applicant: VictorJ. Zupa SCTM#1000- 81-01-1A 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 123' of 4 foot high black vinyl chain link fencing with one double driveway gate as shown on the attached insert from survey. Fence does not affect right of ' way granted to Paradise Point Association by deed dated 2/23/89 and recorded 2. Li~2t08~eag~rSoS~rty which is the subject of Environmental Review--is located adjacent to your property and is described as follows: Vacant land consisting of 1.7 acres 3. That the project which is subject to Environmental Review under Chapter~/2~ 37, or 97 of the Town Code is open to public comment on: You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal ks u~der 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. OWNERS NAME: MAILING ADDRESS: PHONE #: Mary S. Zupa 4565 Paraoisu Point Road ~ou~nold, NY 11971 765-6112 Enc.: Copy of sketch or plan showing proposal for your convenience. /_._ ~,' ,.S 04'I$'20' W ~D¥O~D H. CUR~URU 159.37' AUTHOP~I ZAP'iON (where the applicant is not the owner) (~p r~i~n~own~e r ~o f~p/r o~pe r ty ) (mailing address) do hereby authorize //~ ~ ~, (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. .' (/~e,~/gnature) 8 Board of Trustees Application County of Suffolk State of New York ~/~'~'""- 0~ .7 ~'J~ 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 SOU'I~OLD 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. SWORN TO BEFORE ME THIS ~,~gnat urf~ DAY OF ~ ~. ,20 0 -~'~./~ Notary Public/ ROBERt. SCOT'F. JR. Notary PuMic, State of New ¥o~ Qualified in Suffolk County No. 01SC4725089 T~'m Expires May 31, .,~ S 89"23'08" E 21.63' (TOWN HARBOR} 88'54'02" E BAY 134-.02' SURVEY OF PROPERTY SITUATED AT BAYVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-81-01-16.7 SCALE 1 "=.50' JANUARY 7, 2002 JANUARY 29, REVISED LOT AREA NOTATION FEBRUARY 14, 2001 REVISED DRIVEWAY LABELS LOT AREA INCLUDING THE BULKHEAB AREA AT THE NORTHWEST PORTION OF = 75,687.36 sq. ff. THE LOT pROJECTING INTO SOUTHOLB BAY (TO BULKHEADS & TIE LINES) 1.738 ac. LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 72,747.53 sq. fL THE LOT PROJECTING INTO SOUTHOLB BAY (TO BULKHEADS & TIE LINES) 1.670 ac. TIE S 74.2_' , t~OA T HASIN ~ RoAD N,Y.S, Lin. No, 49668 Joseph A. Ingegno Land Surveyor Fox (631)727-1727 AND/OR 6ASEM£NTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GLIAEANTEED. CERTIFIED TO: CHICAGO TITLE MARY S. ZUPA INSURANCE COMPANY