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Home My WebLink AboutTR-5970AAlbert J. Krupski, President James King, Vice-President .krtie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box i179 Southold, New York 11971-0959 Telephone (6311765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Permit No.: 5970a Date of Receipt of Application: July 28, 2004 Applicant: Robert DeFrese SCTM#: 98-01-1.4 Project Location: 5223 Indian Neck Lane, Peconic Date of Resolution/issuance: August 18, 2004 Date of Expiration: August 18, 2006 Reviewed by: Board of Trustees Project Description: Widen existing 10' driveway to Right of Way property line stakes. Driveway will be of pervious gravel material. Findings: The project meets all the requirements for issuance of an Administrative Permit set forth in Chapter 97 of the Southold Town Code. The issuance of the Administrative Permit allows for the operations as indicated on the attached survey prepared by John Metzger last dated April 7, 1997. Special Conditions: Placement of hay bales between the clearing/driveway work and the wetland area during construction. If the proposed activities do not meet the requirements for issuance of an Administrative Permit set forth in Chapter 97 of the Southold Town Code, a Wetland Permit will be required. This is not a determination from any other agency. Albert J. Krupski, Jr., President Board of Trustees AJK/hct Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOVv'N OF SOUTHOLD September 7, 2004 Lisa and Robert DeFrese 5223 Indian Neck Lane Peconic, NY 11958 Dear Mr. And Mrs. DeFrese: I checked the minutes of our August 18 meeting and [ checked with the Trustees. Thc Trustees intent in giving you a permit to widen your mad is that the base of material will be of pervious stone or gravel, to allow water to percolate into the ground, and not runoff into the wetland area. This is standard for what they issue for driveways near wetlands. There was discussion at the meeting about a paved driveway but the Trustees were in agreement to have permitted only a pervious surface, because of the proximity to an environmentally sensitive area. Please call our office if you have any further questions. Sincerely, Heather Tetrault Environmental Technician June 1, 2004 Southold Town Trustees Southold Town Hall Main Road Southold, NY 11971 Robert DeFrese 5223 Indian Neck Lane Peconic, NY 11958 (631) 734-2709 Lane, Peconic - Widening Driveway ,ffice, I would like to schedule an on-site ge would like to widen and pave our [uire some clearing of our property. We t your earliest convenience. If you have e to call. Board Of Southold Town Trustees SOUTHOLD, NEW YORK Authorization Pursuant to the provisions of Chapter 61!i of the L~ws of: . the State of New York, 1893: and Ohapter ~ of the ,L~. ws of' the State of New York 19!12: 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 FROId LANDS UNDER TOWN WATERS~" end in accordance with the Resolution of The Boerd adopted at a meeting held on .Y~.l.18l~7......." 19....~7, and in consideration of the sum of $..150..fl~1 ....... paid by' of ........... ~.~.o..~ ........................................................ N. Y. and subje~ to the Terms and Conditions listed on the reverse side hereof," of Southold Town Trustees authorizes and permits the followinCJ: ·" Wetland Permit to move haYbales back to 10' contour line~' clear dead treestLand briars, hand trim for "eyea '~ew o~ly all in aca;ordance with the deteib~cl specificati~n~ .a~ preeenfed in · the originating epplicetlon. - IN WITNESS WHEREOF, The s~id Board of Trustee~-Imre- by causes, itS Oorporate. Se. al to be eff?,ed, and these ~.resenfs · ' be subscr, bed~ by a malor~fy Of the smd Board as of th,s de~? Albert J. Krupski, President Jolm Holzsp£el, Vice President Jim King Mm'tin H. Garrell Petm' Wencz~l Town H~iI .53095 Main P.O. BOX 1179 Scut. hold, .NeW York 11971 Telephone (5~6) 765-1892 Fax (516)1765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use onl weaStal Erosion Permit Applicatic tland Permit Application - Grandfather Permit Application n ~Waiver/Amendment/Ch~nggs eived Application: ~//~/~ F mpleted Application,f/r/~? complete ! ' ' SEQRA Classification: Type I ...Type II Unlisted Coordination:(date se~tk CAC Referral Sent: /I/$'/~ · m,~Date of Inspection: I///F~/97 Receipt of CAC Rep~t:/, ! ' ' Lead AgencUf Determznat~on: --Technical Review: ' Resolution: // Name of Applicant Address ~-~D 3 Phone Number: (~-/~) Suffolk County Tax Map Number: 1000 - 09~.oo Ot. Oo Oc.~l.o, (provide LI~O Pole ~, ~st~ce to cross streets, ~d location (If applicable) Address: Phone: ' ., .... ,oard of Trustees Applicat~_.l GENERAL DATA Land Area (in square feet): Area Zoning: Previous use of property: Intended use of property: Prior per, its/approvals for site improvements: Agency Date __ No prior permits/approvals for site improvements. Has any Permit/approval ever been revoked or suspended by a governmental agency? ~' No Yes If yes, provide explanation: Project Description (use attachments if necessary):/~m~$~- ' · ~oard of Trustees Applicati .~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Area of wetlands on lot: ~., /q~ square feet Percent coverage of lot: % Closest distance between nearest existing structure and upland edge of wetlands: fQ~ ~+ feet Closest distance between nearest proposed structure and upland edge of wetlands: . m/~ feet Does the project involve excavation or filling? ~ No Yes If yes, how much material wilI be excavated? ~ow much material will be filled? ~ Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations: ~ Manner in which material will be removed or deposited: ~' cubic yards cubic yards Statement of the effect, if any, on the wetlands and tidal waters of the town that may result bF reason of such proposed operations (use attachments if appropriate): 617~,1 Appendix C State En';'fronmental Qualify ,~eview SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED AC,~ONS Only PART J--PROJECT INFORMATICN (TO be compJe~ed by ADDIiCa. n[ or Froiec= s~3onsor) SE ~ No If NO. desc:~be ~rreily ~0. OOES AC,'~ON INVOLVE A P~RMIT APPROVAL. Off F"dNDING. NOW OR ULTIMAI'~.¥ .-'ROM ANy OTHE~ GOVE.a. NMENTAL A [] Yes ~3'~a If yc~s, ltsz agency(si a~l oen'~iu~eoro'~ds if the action is in the Constal Area. and you are a stale agency, complete the Coastal Asseesmen~ Form before procee(~ing wi~h this a.~_,~essrne~t OVER NOTICE TO ADJACENT PROPBRTY OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: ~ ~ L,'~ Mc- ~ SCTM~1000- YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the ~/%dersigned to request Permit from the Board of Trustees to:/~.,~-'T .,4 ~.,';'~--, ~ ~ l,.,,7~ /"7"],-,- ~Oos$;~,l,'r,~ d)~" r~l~*?'*~ -~o'~ ~.'~,6 O~ ~_~.r~b, 2. ~a~ the property which is ~he ~ject of Enviro~al Review is l~ated adjacent to yo~ pro~rty ~d is descr~d follows: ~3 ~,~ ~ ~ ~,~, ~.q. ~1~$~ 3. That the project which is subject to Environmental.Review under Chapters 32, 37, or 97 of the Town Code is o~en to public comment. 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 agent-/ that might have to review same proposal. MAILING ADDRESS: Enc.: Copy of sketch or plan showing proposal for your convenience. 0 N P R $ 0 S "iNCIDENT REPORT DOB PDTS-1A 0 I INCIDENT REPORT ~ld Town Police Deparlmera Peconro, New Yol'~ 11958 516-76~2~00 [] CR/MINAL CASE [g~NC~ CRIMINAL FROM t/: 30 ..9 P E R S 0 N S 73,/- '1 I ~ I~NCIDENTREPORT ~)__u~d Town PiMIoe .Depmlment ~TRO~ OF*F~ER ' ,.':- -.,. , m Board of Trustees ... 33 N¢.~mlber 18, 1997 provide an adequate description of the removal and replacement plan. MR. DE FRESE: (Could not hear him). TRUSTEE KRUPSKI: To what extent thought. Normally we would allow for hand trimming for a view. You want to trim some of the lower branches of the trees some of the higher briars so can get a view. But we won't allow for clear cutting in .that area. MR. DE FRESE: How far, just up to the haybales? TRUSTEE KRUPSKI: For clear cutting and the lawn, yes. MR. DE FRESE: And passed that just hand cutting the trees and... TRUSTEE KRUPSKI: Just for a view, not with a machine or anything like that. MP~. DE F~ESE: There's an outhouse that's knocked over, can we remove it? TRUSTEE KRUPSKI: Sure, remove it or use it. MR. KLVLL: That outhouse was knocked over the creek by the wetlands. TRUSTEE GA~RELL: I would suggest when you work in the future cn a sensitive area like that, that you really consult with the ~Trustees or talk it over before you do anything. Then we ca~ recommend exactly what you can do. I'll move to close the hearing. TRUSTEE HOLZAPFEL: Second. ALL AYES ~TRUSTEE K~UPSE_I: I'll make a motion to have the applicant to ~n~ve...'t~e haybales back to 10' contour line which is roughly 14' !an~ward of the house and let that area re-vegetate natu~rally and tO .allow the applicant to hand trim the briars and trees TRUSTEE HOLZAPFEL: Second. ALL AYES TRUSTEE GARRELL moved to off the public hearing, TRUSTEE HOLZAPFEL seconded. ALL AYES RESOLUTIONS: 1. Marion King on behalf o~ · ests the purchase of a quit claim de ~ rom e Boar ~Trust6es and the Town of Southold for property on Falrhaven Inlet, Cedar Beach, Southold. SCTM %92-1-8 TRUSTEE K~UPSKI approved the Resolution ~or a quit claim deed for shaded area shown on survey, TRUSTEE HOLZAPFEL seconded. ALL AYES Grandfather Permit foran i i X 22' ramp attached to a 6' X 250' float with 8- finger floats. Applica~lt wishes .to Amend this Grandfather ~ermit to change the finger floats to 6' X 27' and replace and repair as needed, inkind-inplace. Located: Route 25 between Bay Home Road & Port of Egypt. SCTM 356-6-2.3, 8, 3.2, & 3.3 Board of Trustees .. 31 No% ~er 18, 1997 papers) somewhat inade~ate and somewhat ...... because the tax map did not show this easementbecause it's not ta~hle to Southold Town or Suffolk County land. New York State land which. I pay $1,250 for a ten year period for this easement. TRUSTEE KROPSKI: Are there any other co~ents? (At this point Mrs. Flyrm spoke, but could not bear her and she and Mr. Zehner exchanged words) HR. ZEkSNF~: The barge was falling apart. With permits I put a steel jetty or steel bulkhead around the barge except around the west side, after I came up on land a ways, I went to wood sheet piling. That was all done by Latham and Larry Tut_hill. It's just the physical steel just rotted out and battered. It's replaced. TRUSTEE GARBRT.T.: Motion to close the bearing. TRUSTEE HOLZA~FEL: Second. ALL AYES TRUSTEE GAR~RI.T.: I'll make a motion to approve the application. TRUSTEE HOLZAPFEL: Second. ALL AYES 12. Patricia Moore on behalf of ~~ests a Wetland Permit for a 35" X 35' bo~t basin with a retaining wall (jetty type, low. sill bulkhead) with outside slop to be cut to mean high water to allow growth of inter-tidal marsh plantings, landward wall to be 3' above mean high water, an 8' wide wood walkway on the landward side of retaining wall, with a 4' X 12' ramp and a 6' X 20' float, and dredging which may be necessary to reach 4' at mean low tide. Located: 600 Beebe Drive, C~tchogue. 145' north of A~tler Lane. SCTM ~97-7-5 TRUSTEE KRU~SKI: I'll move to recess this hearing until Dec. 13. ~~X~g~ests a Wetland Permit to construct a 3' X 20~~~'-f6'~~ ramp and a 6' X 14' float. Located: 3380 Private Road off .Oaklawn Ave., Southol~. SCTM ~70-5-49.4 TRUSTEE KRU~SKI: Is there anyone here who would like to speak on behalf of this application? Or against it? TRUSTEE WENCZEL: I looked at i~ and it's pretty straight forward. I'll make a motion to close the public hearing. TRUSTEE ~A~R~LL: Second. ALL AYeS TRUSTEE WENCZEL: I'll make a motion to approve the .application. TRUSTEE HOLZAP~w.~.: Second. ALL AYES .14. " ' '~~"~-'"~f~quests a Wetland Permit to clear dea~"~'~'Sriars and cl~n lawn past 10' contour line with possibility of some plantings. Located: 5223 Indian Neck Lane, Peconic. SCTM-~98~lrl..1 TRUSTEE KRU~SKI: Is there anyone here who would like to speak on behalf of the application. MR. DE FRESE: If there are any questions, I'll be happy to answer them. FR~uNK KULL: I'm the adjoining property owner a_nd I'm opposed of this application because the job is already done. Now he's submitting an application for a permit?The grass is up and all the bulldozing is done. Is this against the law or can you do this without a permit? AREA = 1.6072 Acres SCDHS ReL # SURVEY FOR ~~- ROBER~ L. & LISA ~ DeFRESE ~ s ~.~.oo A T INDIAN NECK,. ~ ' TOWN OF SOUTHOLD ~ ~ooo - ~ - o~ - ~/o ~ ~ ~ ~ r' = 50' July31,1996 AU9 19~ 1996 (Certiflco//on2 ~ ocl. 7~1998 (toundofion) ~ "~ Apd/ 7,1997 (l/.o/~ ~ I CER--'"' RO~RT L. D;FRESE ~ I REPUBLIC ~srR~cr CORP. ~ I F~L/rY ~nONAL TITLE ~SURANCE OF NEW YORK ~ i ~ CONSTRUCTION OF SUBSU~ACE SEWAGE . DI~AL SYSTEMS F~ S~GLE FA~L Y RES~ENCES The locolions ol wells and cesspools Io ' ~OWn h~roon ore /rom Ii, Id ofls~rvol~ns ~Y~r~TO ~~ ~ ~nd ~ /rom dof~ obl~mud Irom olher~. I ~ ~r~ ~ ~ ¢5/s~ I ~,.vrnrr,~,V~THC.~t.gr~rc~ .... redcap. CONTOUR LINES I ~r~'-~'r%~%'~":*~r~s"'ur~'~% c~'~'~'' ¢~E ~EFF~,_~NCE/' ~0 N.G.V.D. 1230 I ~r~Y~s~. ~s~srEcr~'~ SOUTHOLD, I '~O~r-f~AfE A~ ~r ~ CO~LIA~E ~lrH r~ ~. 93 - 259 SURVEy FOR ROBERT' L. & L/SA M. OeFRESE A T/ND/AN NECK, TOWN OF SOUTHOLD SUFFOLK "COUNTY, N Y. ~ooo - ~a- o~- PlO Scale: Y' = 50' Jul. v 31,1996 AUg. 19, 1996 (CerllflcellonJ · OcL' 7, 1996 Nov. 15, 1996 (contours adde¢ April 7,1997 (find) CER rIFlED TO. ROBERT L. D~FRESE LISA ~ D~FR~SE REPU8LIC ABSTRACT CORP. FDELIrY N4 TIONAL TITLE INSURANCE OF NEW YORK BRIDGENAMPTON.NA T/ONAL BANK m~ ~ ~ I~ 8TANDAt~S FOR APPROVAL A~D CONSTRU£TiON OF .~BSURFACE ~EWAGE DI~PO:~4L S¥$ TEIdS FOR ~N6LE FA~IL Y RESIDENCES will ~ by /he conditions sa/ forth /fl~'d~ ~d on S. 7B'44'00' 1275.68' iNOIAN NECK S. 78'¢;'00' 20.0 ROAD The Iocoh'ons o/ weUs and cesspools showl~ hereon ore /rom field observations and ~ /rom dala oblain~d /rom o/hers. CONTOUR LINES aND ELEVA TIONS ARE REFFRCNCCD TO N.G.V.D. NO. ,49618 AREA: ~6072 Acres LOT NU~BE,q$ ARE REFERENCED TO ' .~rNOR £USDIVI£10N FOR T.hE Q KULA SCDHS Ref. # ~10-96-0069 N/ofF M. & E McK~ERNAN N/OfF JOHN PONTINO ~.,b,j ,: i'll' ::V,ct.. /, '~ I t'r' 48,19' nos olo~?g SU,~?VEY ?ON .t ?OBER-E L. & LISA Iff DeFRESE A T/ND/AN NECK TQ WN OF SOUTHOLD SUFFOLK COUNTY, N Y. I000- 95 - 01- P/0.~I Sca/e: 1" = 50' July 3 I, 1996. Ocl. 7, 199~ (foundalioa) Nov. 15, 199~ (conlours added) Apr// 7,1997 (final) TO. O.FRESE FRESE ~ ~s ?R4 c r CORR. '. · ll~ ~ $1'A,~DARD$ FOR APPROVAL 'CDON OF SU~$URFAC£ SEWAGE · [E~$ FOR $~OLE FA~L Y R£$LOENCE$ 78'44'00' NEcK ROAD :o,'.~~/ Soutl~dd Town ~¢"~2.) 5. 78'44'00" 20.05' -~ATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@to~vn.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.mont efusce@town.southold.ny,us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Mr. Ed Baumann 325 Wood Lane Peconic, NY 11958 Dear Mr. Baumann: December 8, 2004 Southold Town Board of Trustees I am in receipt of your letter dated December 3, 2004, referencing violation Case No. 9609-04 regarding defendants Nu-Green Landscaping and Robert DeFrese. These matters were prosecuted in Justice Court, and Mr. DeFrese has pled guilty to the violation with the condition that he work only within the parameters of the Trustees permit as issued. With respect to your other concerns regarding reparations to private property and a written acknowledgment by Mr. DeFrese that he will not trespass, both are outside the jurisdiction of the Trustees. The violation in this case deals specifically with the fact that the activity performed was without Trustees approval and outside the scope of the permit. Sanctions described in your letter are not consistent with appropriate penalties for this type of violation before Southold Town Justice Court. Very truly yours, Lori Huls~lontefusco Assistant Town Attorney LHM/Ik cc: Members of the Board of Trustees 325 Wood Lane Peconic, NY 11958 -12/3/04 OE~ - ~ "". Hon. Asst. Southold Town Attorney Ms L. Motefusco Town Hall, Southold, NY Dear Attorney Motefusco: During a telephone conversation with the Board of Trustees today, while discussing an unrelated topic, I was asked to please provide an update on the status of the Town Code Violation (Case No 04-9609) issued 9/9/04 to NU-Green Landscape and Mr. Robert De Frese, as well as indicate if any of my property damage issues related to this violation were resolved. Here's the status of my property damages, listed for order of resolution: As soon as the last of the foliage has fallen (Jan-Feb 05 timeframe), I will need to have the Western Section of my property, bordering Mr. De Frese, resurveyed and re- monumented as required. As indicated in my complaint, in addition to bulldozing approximately 10-20 feet into my property at various points along the roadway, at least one of my concrete survey monuments was destroyed and pushed into the underbrush. There is a possibility that another monument was moved, but until my property is resurveyed, I cannot be certain of this. My three concrete monuments were originally set by Van Tuyl in the late 1970's, and last confirmed in place by Land Surveyor Joseph A. Ingegno, as documented in his June 19, 1998 survey of my property. Mr De Frese will be asked to pay for all expenses relating to these resurvey/monument costs. In addition, if in the event that any portion of the Mr De Frese's driveway construction (driveway roadbed, plantings, or stone edging) is then determined to be on my property after the resurvey, Mr De Frese will be asked to remove the driveway construction material and remm my property to prior natural condition. A second issue is that a natural burmed, wooded area of my property, opposite the entrance of Mr De Frese's garage door, was also scrapped and flattened by the bulldozer. This has now left a visual open section of approximately 25 feet wide along my property- line, which never existed prior to the violation. Mr De Frese will be asked to restore this section of my property to its original condition via evergreen trees, which will be tall enough to visually block the view of Mr De Frese's property from mine. Last, I will request that Mr DeFrese commit in writing that in the future, he will never again intentionally trespass on my property. Thanks again for any assistance that can be provided. Ed Baumann cc: Office-Board of Trustees 325 Wood lane Peconic, NY 11958 January 24, 2005 Att: Robert DeFrese 5223 Indian Neck Lane Peconic, NY 11958 Nu-Green Landscaping 64 Daly Drive Riverhead, NY 11901 $outhold Town B0a~d~_0f Trustee?. Enclosed is a bill for installation of 3 survey monuments, which replaces my original monuments which were damaged/moved during your bulldozing operations across my property line, September 2004. If you wish to settle this issue without court action, you'll need to comply within the next 10 days to the following: 1. Remove all hay bales and black plastic fencing material that you placed on my property (for which you never sought permission) 2. Send me a check, payable to me, totally $550.00 3. Don't ever again trespass on my property, without first seeking my permission Ed Baumann Cc: Ms Lori Hulse Montefusco, Asst Town Attorney Members of the Board of Trustees (631 ) 727-2090 Fox: (63 !) 727-1727 Joseph A. Ingegno Lc. nd Surveyor PO. Box 1931 Riverhead. New York t 1901-0965 January 20, 2005 Edmund Baumann Job#98-349-A-1 FOR PROFESSIONAL SERVICES RENDERED: Set three concrete monuments S.C. tax no. 1000-86-06-.3.2 And 2.2 Fee: $550.0/) PAYMENT DUE UPON RECEIPT MONTHLY 2% FINANCE CHARGE ON ALL PAST DUE INVOICES 325 Wood Lane - 12/3/04 Peconic, NY 11958 Hon. Asst. Southold Town Attorney Ms L. Motefusco Town Hall, Southold, NY Dear Attorney Motefusco: During a telephone conversation with the Board of Trustees today, while discussing an unrelated topic, I was asked to please provide an update on the status of the Town Code Violation (Case No 04-9609) issued 9/9/04 to NU-Green Landscape and Mr. Robert De Frese, as well as indicate if any of my property damage issues related to this violation were resolved. Here's the status of my property damages, listed for order of resolution: As soon as the last of the foliage has fallen (Jan-Feb 05 timeframe), I will need to have the Western Section of my property, bordering Mr. De Frese, resurveyed and re- monumented as required. As indicated in my complaint, in addition to bulldozing approximately 10-20 feet into my property at various points along the roadway, at least one of my concrete survey monuments was destroyed and pushed into the underbrush. There is a possibility that another monument was moved, but until my property is resurveyed, I cannot be certain of this. My three concrete monuments were originally set by Van Tuyl in the late 1970's, and last confirmed in place by Land Surveyor Joseph A. Ingegno, as documented in his June 19, 1998 survey of my property. Mr De Frese will be asked to pay for all expenses relating to these resurvey/monument costs. In addition, if in the event that any portion of the Mr De Frese's driveway construction (driveway roadbed, plantings, or stone edging) is then determined to be on my property after the resurvey, Mr De Frese will be asked to remove the driveway construction material and return my property to prior natural condition. A second issue is that a natural burmed, wooded area of my property, opposite the entrance of Mr De Frese's garage door, was also scrapped and flattened by the bulldozer. This has now left a visual open section of approximately 25 feet wide along my property- line, which never existed prior to the violation. Mr De Frese will be asked to restore this section of my property to its original condition via evergreen trees, which will be tall enough to visually block the view of Mr De Frese's property from mine. Last, I will request that Mr DeFrese commit in writing that in.the future, he will never again intentionally trespass on my property. /~'~ ~ ~ ~ ~ ~ ~]~. Thanks again for any assistance that can be provided. JU Ed Baumann cc: Office-Board oflrrus~ees ,¢/~,~ ~ I Boarfi of Trustees Southold Town - A'2196 Town of Southold Suffolk County, NY The People of the State o! New York vs. VIN NUMBER ~COPY 24. 1'40. of Sus~e~s Q M i-IF 3S. Name (Last. Fi~t. M~ddle) DM DF Qu I 45. Ethnic 46.$kin 47. Occupation I . ~. 70. Cdot(s)X~ J rt. TowedBy TO: I 12 Vehicle Notes ?3. 74..nq.lries (Check all that apG' ) J~l~~1 ?S I~IY~PIN Messier Signat ute J I--I vier. R~f u~ed to Coop. O Arrest ~) "rOs Oecl,ned D Warrant Adv,se~ r,I [~ J.r DCJS-3205 (2/971 *FALSESTATEM£NTSAREPUNISHABLEASACRIME, PURSUANTTOTHENEWYORKSTATEPENALLAW. BOARD OF TRUSTEES TOWN OF SOUTHOLD In the matter of Notice of Violation Re: ROBERT DeFRESE TO THE SOUTHOLD BOARD OF TRUSTEES: Request is hereby made for a hearing with respect to the annexed notice of violation dated September 10. 2004 and purported to have been served September 11, 2004. The reasons for the requested hearing are: a) The notice of violation ',vas not served in accordance with law; b) The notice of violation contains unlawful conditions as to both substance and procedure: c) The notice of violation is vague and unenforceable: d) No violation of section of Section 97-20 occurred. Dated: September 2l. 2004 Wickham, Bressler. Gordon & Geasa. P.C. Attorneys for Robert DeFrese / ~" 13015 Main Road - P.O. Box 1424 Mattituck. New York 11952 (631) 298-8353 , . CNOTI'CE Police Dept. - Bay Constable Town of Southold Peconic, New York 11958 NOTICE' OF VIOLATION Date: (Owner or authorized agent of owner) Address: ~".~'~--3 (Address of owner or authorized agent of owner) Please take notice there exists a violation of the Code of the Town of Southold, Chapter 97 Article II, Section 97-20 a prerrdses hereinafter described in that t~ro,~/: c,,-,,~.c /-'t~a,~.,~,*.~, ~ You are therefore directed and ordered to comply with the following: on or before the tO .day of ~ , 20 tau . ~o The premises to which this Notice of Violation refers are situated at: Town of Southold, Suffolk ~un~, ~ (Suffolk ~un~ T~ Map Designation: Dist. 1000 Section: ~ Block: O/ Lot: Z ~ ) Failure to comply with the applicable provisions of the law may constitute an offense punishable by fine or imprisonment or both. NOTICE: You have the right to apply for a hearing before the Board of Trustees of the Town of Southold, provided that you file a written request with the Clerk of the Trustees within 10 days after service of the Notice of Violation. Such request shall have annexed thereto a copy of the Notice of Violation upon which a Hearing is requested and shall set forth the reasons why such notice of viola- tion should be modified or rescinded. Bay Constabled~b-Xvn of Southold, NY Albert J. Krupski, President James King, Vice-President Artie Fester Ken Pnliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only _~etlanStal Erosion Permit Application d Permit Application Major __ W aiv er/Amendmeat/C, hav~es ~'Rece~-ved Application: Q ~'l~eceived Fee:$ ~,~ompleted Application __Incomplete S£QRA Classification: Type I Type [I Unlisted __Coordination:(date sent). CAC Referral Sent: of Inspection: __Receipt of CAC Report: __Lead Agency Deternunation: __Technical Review: ~,~Public Hearing Held:_ __ Resolution: Southold Town Board of Trustees Suffolk County. Tax Map Number: 1000 - Oqg'_ Property Location: .'5'-,0~3 :5[-~-~,;,~ - tgl. Oo - Oo/.ooCI' &4~< ., ~--eco.,.,c .."-',7 (provide LILCO Pole #, distance to cross streets, and location) AGENT: ~ (If applicable) Address: Phone: Board of Trustees Application GENERAL DATA Land Area (in square feet): Ar. Zoning: Previous use of property: Intended use of property: Prior permits/approvals for site improvements: Agency Date ~No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspexn/d~d by a governmental agency? ~,x,~ No Yes If yes, provide explanation: Project Description (use attachmen~ ifnecessary):-/~ ffrv,~-~r~ t,'.,-.~ · ~1 ~.. ~'>~4~> lO , I ~ v ~ J Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA . oseoftheproposedoperat,ons c/? Area of wetlands on lot: O square feet Percent coverage of lot: O % Closest distance betweqn,nearest existing structure and edge of wetlands: [3/~ feet upland Closest distance betw~e?n, tlearest proposed structure and upland edge of wetlands: 1~3 ]/gl feet ~ I Does the project involve excavation or filling? No ~ Yes If yes, how much material will be excavated? 0 cubic yards How much material will be filled?_ c~ o cubic yards Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations: /]3 ~_ _s Manner in which material will be removed or deposited: BX.] '-~---_~ Statement otthe effect, if any, on the wetlands and tidal waters otthe town that may result by reason ct such proposed operations (use attachmems if appropriate): PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT / SPONSOR 3.PROJECT LOCATION: I~.Z~) I~d~0~l MC~ ~e Municipali~ ~CCO~'~ ~ I I~ ~ 4. PRECISE LOCATION: S~eet Addess and Road Intersections. Prominent landmass etc -or provide map 5. 18 PROPOSED ACTION: ~ New ~ ~pansion ~ifica~on / alteration 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME~ Ico..ty SuFFoblc_ SEQR 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8.1~L PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [,Z~Yes [] No If no, descdbe bdefly: 9,9. ~/HAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) Residential ~]lndustrlal J-~]CommerciaJ r~Agricult~Jre E~Park/Forest/OpenSpace r~ 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 If yes, list agency name and permit / approval: t I. DOES ANY SPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ]Yes o If yes, list agency name and permit / approval: 12 AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT! APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name / J J~. Il, _ J /~ -- Date: 0 If the action Is a Costal Area, and you are a s~ate agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by* Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coofdinata the review process and use the FULL EAF. [~Yes r--'] No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617.67 ~f NO, a negative declaration may be superseded by another involved agency. E~Yos [~]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WiTH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, sudace or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal. potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agdcultu~l, archaeological, historic, or other natural or cultural resources; or community of neighborhood character? E. xplain bdefly: C3. Vegetation or fauna, fish, shellfish or wi[dlits species, significan[ 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 reJa£ed activities likely to be Induced by the proposed action? Explain brietiy: C6. Long term, short term, cumulative, or other effects not identified in Cl-C57 Explain briefly: C7. Other im D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAl E--~ Yes IS THERE. OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If '(eS explain: 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 materiats. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes. the determination of significanca must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl FAF and/or prepare a positive declaration, Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actio~ WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi determination. Name ot Lead Agency Date Title of Responsible Officer Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency - S.ignature of Preparer (If different from responsible officer) Board of Trustees Application County of Suffolk State of New York DEPOSES AND AFFIRMS THAT HE/SI-I~ 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 WlLL 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. Signature SWORN TO BEFORE ME THIS DAYOF ~'~]~-~ JOHN B. Qualified iff Su'ffolk Cou~ emmol~iOA E:pb'es liov~r 30, 20~,,,I, APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The TOwn of Southold's Code of Ethics omhibits conflicts of interest on thc ~rt of town officers and emnlovees. The numose of tbi~ foIl~ i~ to omvide information which can aim the town of oossible conflicts of interest and allow it to take whatever action is nevessarv to avoid same. (Last name, first n~nne, middle initial, unle~ 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 Change o['Zone Coastal Erosion Approval of plat Mooring Exemption from plat or offficial map Planning Other (It"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, inarfiage, 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 e~ 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]agent/representative) and the town officer or employee. Either check the appropriate llne 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 applicant (when the applicant is a co~orafion); B) the legal or beneficial owner of any interest in a non-corporate 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 Form TS I Submitted this Signature Print N~e