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Home My WebLink AboutTR-5952 . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0107C Date May 2, 2006 THIS CERTIFIES that the 2 story frame house with garage,retaining wall, and buffer At 800 West Creek Road, Cutchogue Suffolk County Tax Map # 103-13-6 Conforms to the application for a Trustees Permit heretofore filed in this office Dated 5/14/04 pursuant to which Trustees Permit # 5952 Dated July 21,2004 Was issued, and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is 2 story frame house with garage, retaining wall, and buffer The certificate is issued to Robert and Kathleen Lawrence owner of the aforesaid property. rd<~ Authorized Signature . . PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair MAltiNG ADDRESS: P.O. Box 1179 Southold, NY 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON To: Town of South old Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator iiGV "-r 2Gu5 Date: November 14,2005 Re: Request for Wetland Permit for Robert Lawrence SCTM# 1 000-103-13-6 L.._ David Cichanowicz on behalf of ROBERT LAWRENCE requests an Amendment to Permit #5952 to install a timber retaining wall on the south side of the property and modifications to the stone wall. Located: 800 West Creek Ave., Cutchogue. SCTM#103-13-6 The proposed structure is located in "Flood Zone X". The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (L WRP) Policy Standards. Based upon the information provided on the L WRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the L WRP provided that: 1. To further the intent of Policy 4; the applicant demonstrates that the grading of the property as shown will not generate surface runoff that will traverse onto adjacent properties. 2. To further the intent of Policy Standard 5.2 "Minimize non-point pollution of coastal waters and manage activities causing non-point pollution", the buffer should remain vegetated in a natural state into perpetuity. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Southold Town Board of Trustees Field InspectionIWorksession Report DatelTime: S I I lOb ~w,er<.,€' Name of Applicant: Name of Agent: G~ ~v ~,~~ Property Location: SC1M# & Street Brief Description of proposed action:0 P \ i/V'rt-...... 6:> '-"f~: \;,e..-.- _<- ().. 'I _ W\ \ \ -eS+-<L \, ,. c.:ll ~~"'U'.<.. ~^ "I, ~..,~.-te ,",.\ \ f1,:.:r ""'" -c.i,l'-hvl"" 171c.-,l.c.i- '^'>\ bd.-, ~<tAj5, (/.<os" rtAfyol"', Cfr'J.. 1;,") ~AC'7 ('2' L0_1 f 05+ IS OlD"e 'DVoe of area to be impacted: \..7, J ~Saltwater Wetland _Freshwater Wetland _Sound Front _Bay Front Distance of proposed work to edge of above: P,art of Town Code proposed work falls under: ~Chapt.97 _Chapt. 37 _other Type of Application: / Wetland _Coastal Erosion _Amendment _Administrative _Emergency Info needed: Modifications: Conditions: Present Were: _I. King _I.Doherty _P.Dickerson _D. Bergen_J.Holzapfel .:;Lother: \-1e ..\\..Iv NOV-15-2005 12:26 FROM:WICKHRM tlltESSLER 631 298 8565 TO:.641 P.001'001 ERIC J. BRESSLER ABIGAIL A. WICKUAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM. BRESSLER. GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MAlTITUCK. tONG IStANO NEW YORK 11952 WILLIAM WICKHAM (05.fJ2) 631-298-8353 TRl.EFAX NO, 631-298,8565 wwblaw@aol.com November 15.2005 . 275 BROAD IIOLtQW ROAD SUITE 111 Mhl.VILLE, NEW YORJ< 11747 631-249-9480 TEI.F.FAX NO. 631-249-9484 Southold Town Board of Trustees 53095 Main Road, P.O. Box 1179 Southold. Ncw York 11971 NOV 1 5 2005 .-.---."...j I I , --..--____..J L.._....___ Re: Pro.iect at 800 West Creek Avenue, Cutchogue, New York Ladies and Gentlemen: We are the attorneys for Deborah Doty. and are writing concerning the activity at the premises above described. You are all well aware of these activities as a result of numerous communications and field visits. Despite the non-conformity of the activity to the pennit, the activity continues. Since thc last field visit. additional fiU has been placed Illld plantings made, all in unpermitted areas. Our client's trees have been trimmed to make room for plantings in unpermitted areas. The activity continues as we write. Will no one do anything to address this situation? Since when does the filing of a request for an amendment permit an applicant to proceed in excess of II permit with impunity? We cannot determine which is worse _ applying this standard uniformly town wide or, as appears, applying it selectively based upon some heretofore undisclosed criteria. Very truly yours, &JBljl JOMrdlbojl Cc: Deborah Dory, Esq. Tf7Wn Attorney ". . . 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 TOWN OF SOUTHOLD ~UlEllH~ OCT - 4 2Dll5 .. Southold Town I_~- .Jloard of Trustees APPLICATION FOR AN AMENDMENT TO A DATE 10-5- 05 / ~~~ 1;i OWNER KOfJE-f-.-l LAWRENC(; '734-5LJ71 PHONE ADDRESS gOO WES,CR-E:.E'l:<- RD tVTU+Oo-U6 Ny II"'BS AGENT Dl\v I D L.' Ctl/'(NOWI C.Z- PHONE 731.j -lq 23 ADDRESS 3"1 tl.HD MAIN ROI\!) (.uJt~HOc..uf"N'" Wl?-{) PROPERTY LOCATION ~ OD W!'-5r CREEl<- AVE.. WIT.Ht)bU& N'I11Q3S TAX MAP NO. 100 -I 0 3 -/3 - Ot.9 VWe [)A.\JIO L1C-rlAl'JO\-\hcz... request an Amendment to Permit # fEJ~M 11 ~3N)' /l) 11-.30-DL} INS1A-LL.Ant)~ OF \IMEk1Z.\J\lA:W-- KE..TA1N)}..)b W;l\~ ON 9)tJm~\~ bF~f'Er MllJOR. (~b(;.S W ,-',;TO'NE- V\Jf'r].....~ S~ 'T'LA}.\ '. ,. \.,u.l\0~ J- (0: (, ~ p-tO\&-Df> . . CREATIVE ENVIRONMENTAL DESIGN 39160 ROljTl, 25 PnST OFFICE Box 160 PU.:O:--iIC, NY 11958 6H-7J4-7923 631-73+-7924 FAX IJj',;""..dl"d"", ,\',.-i (.'".,. August 31, 2005 ~~s~p~::~ ~ Southold Town Board of Trustees Main Road Southold, NY 11971 Southold Town Board of Trustees Re: Mr. Robert Lawrence 800 West Creek Avenue Cutchogue, NY 11935 To the Board of Trustees: By way of this correspondence, and on behalf of Mr. Robert Lawrence I am requesting a Trustees site visit to the home on 800 West Creek Avenue, Cutchogue. The purpose of this request is to clarify the proposed site improvements and advise about these improvements for the land that is adjacent to the water. The work proposed to be done at the residence is to "RENOVATE THE LAWN". Thank you in advance for your cooperation. ~- Sincerely, . . 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-~""l/1 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD . .rL!ll.. '" HE _j~ U d !t€..V~. II 'r --- ------,. I """, '\, I' IU W NaV 1 0 20051 LS' !'-.:./ L____ J >';"1",-.,':: :;:"iiD R- - '] ,1', "~"cj..",._ . _. '-"".,,) -------.-. BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of ----h.fLQf!~~LG.C!:~_!l_~_______h__h_h COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDA VrT OF POSTING r,0Av'J CC-I1"IIAi()Lu/C"L, residing at l'fz:.\ I31esAmnc....A1&.;'~ /!viii <;4J-(i,f&: ,,-,r{ . bcing duly sworn, depose and say: ~ That on thc '( day of NDV. , 20c6," r personally posted the property known as ~OO Iv M+ UuIL.. i2dR7). ~6& '7 (~Ila4ru-. by placing the Board of Trustees official poster where it can easily be seen, and that r have checked to be sure the poster has remained in place for eight days prior to the date ofthe public hearing. Date of hearing noted thereon to be held Lo,/)1. (lOU, /~ .00m,s _ On /Y1Gbo..lT ')iCO tJ/l1. Dated: Sworn to before me this 41"day ofNc>oJ...200S N~~~~ John M. Judge NOTARY PUBLlC6Stateof New York NO.01JU605940 Qualified In Suffolk County Commission Expires May 29. 20 Q.J. . . CREATIVE ENVIRONMENTAL DESIGN ,9160 ROUTE 25 POST OITIU, Box 160 PE<:CY'>.J](:, ~.Y 11958 631-734-7923 6)1-7l4~7924 FAX [)j'",,,," 'f'n,fi"n.\',". e.''P''"''O'' September I, 2005 Robert Lawrence 800 West Creek Avenue Cutchogue, NY 11935 Re: Authorization for Signoff I, Robert Lawrence am authorizing Dave Cichanowicz of Creative Environmental Design to act as my agent in representing my property at 800 West Creek Road, Cutchogue. ~ Signa~ ~ David Cichanowic Signature: t:~ ~ Robert Lawrence Date: 9/ I I O~ I I Date: q (I (65 . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel . Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 4, 2006 Mr. & Mrs. Robert Lawrence 465 Eastwood Dr. Cutchogue, NY 11935 RE: 800 WEST CREEK AVE., CUTCHOGUE SCTM3103-13-6 Dear Mr. & Mrs. Lawrence: As a follow-up to our letter to you dated February 1, 2006 and your response to our office dated February 15, 2006, the Board of Trustees believes a considerable period of time has passed for you to comply with the conditions stated in your Wetland Permit #5952. Please take all necessary steps to comply with the permit as soon as possible in order to avoid further action by this Board. Thank you very much for your cooperation. Very truly yours, ~o6.tot Board of Trustees JK:lms . . ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON 8 GEASA, P.C. 13015 MAIN ROAD. P.O. BOX 1424 MATTITUCK. LONG ISLAND NEW YORK 11952 WilLIAM WICKHAM (06-02) 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw@aol.com MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE )11 MELVILLE, NEW YORK 11747 March 23,2006 631-249-9480 TELEFAX NO. 631-249-9484 Board of Town Trustees Town of South old Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 RE: 800 West Creek Avenue Cutcho1!ue. New York MAR 3 0 2006 Ladies and Gentlemen: We are the attorneys for Deborah Doty and we write regarding the status of this project. As you recall, when the permit was amended, the permitee was to move the wooden retaining wall, revegetate and install a berm I 'x3'. To date the permitee has failed to revegatate and install the berm. However, the permitee has installed within the 20' buffer zone a light post and clear globe fixture approximately 5' height. We do not believe a permit was obtained for such light and fixture and it appears that same is in violation of Chapter 97 and in no event a permittable structure. A considerable period of time has passed since compliance was mandated. As spring is now upon us, would you please take the necessary steps to insure compliance. Very t!:Uly yours, cc: Town Attorney Building Department . . Robert & Kathleen Lawrence 465 Eastwood Dr. Cutchogue, NY 11935 (631)734-5471 VIA U.S. MAIL February 15, 2006 James F. King, President Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971-0959 RE: 800 West Creek Ave CutcholP'e SCTM#103-13-6 Dear Mr. King: It was with sincere regret that we received your latest letter concerning our property at 800 West Creek Ave. We can only claim ignorance of the law, and please believe we were only trying to beautifY our property by installing the light post. Mr. Cichanowicz has reassured us that when the weather and ground conditions permit, he will address the berm. Regarding the light post, we have asked our builder to remove the light and light post as soon as conditions accord him the opportunity to do so. We hope this letter will satisfY your request until the work can actualIy be performed. Since we are in Florida, your letter did not reach us until February 12,2006. Very truly yours, ~J~~ Robert & Kathleen Lawrence FEB 2 1 2006 . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel . Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES February 1, 2006 TOWN OF SOUTHOLD Robert and Kathleen Lawrence 465 Eastwood Drive Cutchogue, NY 11935 Re: 800 WEST CREEK AVE., CUTCHOGUE SCTM# 103-13-6 Dear Mr. And Mrs. Lawrence: The Trustees recently inspected the above referenced property for compliance with the terms of the Trustee permit. The Trustees found 2 items that were not in compliance. The berm that was required to be one foot high is only a slight bump in the turf area; the Board would like this to be changed to a larger berm that will actually contain runoff from the lawn and protect the upper edge ofthe marsh. The berm should be one foot high by 3 feet wide and planted with high marsh plants. The Trustees also saw a light/lamppost has been placed in the wetland area. Any structures placed within the Trustee jurisdiction are required to have a permit. In addition please be aware that section 97-27 Construction and Operation Standards, of Chapter 97, Part B. Shoreline Structures (1) (l) refers to the placement of lighting near the shoreline. All lights must be directed on the subject structure (bulkhead, dock, retaining wall) and not out into the adjacent wetland, waterway, or property. Please contact our office with your intentions to comply with the conditions of your permit amendment. Failure to comply with the permit may result in the issuance of a summons and fines. Please contact this office with any questions. Very Truly Yours, ~Ki:: ~ President, Board of Trustees . . 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) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 14, 2005 Mr. David Cichanowicz Creative Environmental Design P.O. Box 160 Peconic, NY 11958 RE: ROBERT LAWRENCE 800 WEST CREEK AVE., CUTCHOGUE SCTM#103-13-6 Dear Mr. Cichanowicz: As a follow-up to our letter to you dated December 9, 2005, and your concern with completing the work before the ground freezes, the Board of Trustees requests you come into the next worksession scheduled for Wed., December 21,2005 at 6:00 PM in the Meeting Hall of Southold Town Hall to discuss the matter. If the work is scheduled to be completed by January 1, 2006, without delay, please contact our office for a final inspection. If you have any questions, please contact the office. Very truly yours, &/,c.I? ~.~. Albert J. Krupski, Jr., President Board of Trustees AJK:lms Cc: Robert & Kathleen Lawrence Deborah Doty . . 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) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 9, 2005 Mr. David Cichanowicz Creative Environmental Design 39160 Main Road Cutchogue, NY 11935 RE: ROBERT AND KATHLEEN LAWRENCE 800 WEST CREEK RD., CUTCHOGUE SCTM# 103-13-06 Dear Mr. Cichanowicz: The above referenced property is currently in violation of its recently amended Trustee permit, which was approved on November 16,2005. The Board of Trustees requires compliance with the requirements of the amendment by January 1, 2006. This will include the movement of the retalning wall to the permitted location, and the placement of a berm to protect the creek from runoff. Failure to complete these changes by January I, 2006 may result in a violation, summons, and fines. Please contact this office with any questions. Very Truly Yours, ~ 9 ~"7SlLi.'~. Albert 1. Krupski, Jr. President, Board of Trustees AJK!hkc Cc: Robert and Kathleen Lawrence Eric J. Bressler Deborah Doty . . 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) 765-6641 November 16, 2005 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD David Cichanowicz 39160 Main Rd. Cutchogue, NY 11935 RE:ROBERTLAWRENCE 800 WEST CREEK RD., CUTCHOGUE SCTM# 103-13-06 Dear Mr. Cichanowicz: The following action was taken by the Southold Town Board of Trustees on Wednesday November 16, 2005: RESOLVED, that the South old Town Board of Trustees APPROVE the Amendment to Permit # 5952 as follows: Include the deck on the north west side of the house Remove the unpermitted as built wood retaining wall in its current location Extend the wood retaining wall from the end of the existing permitted stone wall toward West Creek Ave, to the corner of the existing utility retaining wall, as per plans drawn by Creative Environmental Design September 2005, revised and stamped 11/16/05 by the Board of Trustees Remove fill previously placed behind unpermitted wall Creation of a berm landward of the existing haybale line one foot high, to eliminate and contain runoff from the lawn from entering the wetlands Reinstallation of shrubs on the natural grade after retaining wall and soil are removed This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Very Truly Yours, 11. ~.I n. ~.. tI~' 'f1. /, 7 . Albert J. Krupski, Jr. President, Board of Trustees AJK:hkc . ~ ::5\ r.~ . ,. , ". ..~;~.; "..- t" h ..,~ '.~ ~. ft', . t. '",'~_\;~, " .:),<~"i';~ . ':'".:j: '1 ;, 1- ) . 5 II / O~ LClvJrV1~ --- Dec. 14, 2005 Field InspeClionC a ~ L. {}JJI1(rot.z Dec.14, 2005 Field InspeClionO -- o Lut \rfYV\u.. Dec. 14, 2005 Field InspectiC - -- ---- o Lp)v.f"YC.,..<-L Dec. 14, 2005 Field Inspectic --- o ~~ D@c 08 05 12:19p p.2 -. LAW OFFICES ERIC ,J, BRESSLER ABIGAil A. WICKHAM LYNNE M. GORDON JANET GEASA WICKHAM. BRESSLER. GORDON 8, GEASA. P.c. 13015 MAIN ROAD, P.O. BOX 1424 MATTlTUCK. LONG ISLAND NEW YORK 11952 WILLIAM WICKHAM '06-021 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw@aol.com MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE III MELVILLE, NEW YORK 11747 631-249-9480 TELEF'AX NO. 631-249-9484 December 7,2005 Board of Town Trustees Town of South old Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 D[ o c RE: 800 West Creek Avenue Cutchof!ue. New York Ladies and Gentlemen: We are the attorneys for Deborah Doty and are writing you regarding the activities at 800 West Creek Avenue, Cutchogue, New York. You will recall that activities far in excess of those permitted by the original wetlands permit were conducted on the property. An application for amendment of the wetlands permit resulted in the necessity to remove and relocate a portion of the retaining wall and install a berm. To date, nothing has been done to correct the excessive and unpermitted activity and comply with the amended permit. However, other activities have occurred at the property, including but not limited to installation of an additional structure in regulated areas. With the onset of winter immanent, immediate action is necessary. Kindly take the necessary steps to enforce Chapter 97. Very truly yours, Wfz~ ERIC ~iB'RESSLER EJB/frd ce: Town Attorney Building Department D@c 08 05 12:18p p. ] ., ~ WICKHAM, BRESSLER, GORDON & GEASA, P.c. 275 Broad Hollow Road, Suite III Melville, New York 11747 Phone: (631) 249-9480 Fax: (631) 249-9484 FAX TO: Board of Town Trustees Town of SouthoJd FROM: Eric J. Bressler, Esq. DATE: December 8, 2005 RE: 800 West Creek Drive, Cutchogue, New York FAX NO.: (631) 765-1366 NO. OF PAGES (Including Cover Sheet): 02 .~-----~-----------------------------------------------------------------------------------------.-------------------- COMMENTS: ---------------------------------------------------------------------------------------------------------------------- This transmission contains information that is confidential and/or legally privileged. It is intended for use only by the person to whom it is directed. If you have received this telecopy in error, please notify us by telephone immediately so that we can arrange for the return of the documents to us at no cost to you. If you do not receive all of the pages indicated, please call and ask for Francine as soon as possible at (631) 249-9480. 11/15/2005 21:14 5157345454 WICKHAM: PAGE 01 To; Southold Board of Trustees by fax 765-6641 From: Tom Wickham, 734-5454 Date; Nov 8 05 Re. Retaining wall on Lawrence propertY, Wickham's Creek My wife and lawn a small house on West Creek Ave south of the Lawrence property, and our family has taken considerable interest in protecting the creek. We have also preserved the entire west side of the creek, a step that I think the Lawrences would appreciate. The earthwork and retaining wall on the N side of the Lawrence property was built far in excess of what the permit allowed. TIle construction entailed far more fill than envisaged and a far higher retaining wall constructed almost on the neighbor's property line. I find this damaging in three respects (1) damaging to the creek, (2) damaging to the neighbors, and (3) damaging to the puhlic's respect for the Town's permitting process. I will leave it to tbe Trustees to mitigate the damage to the creek. Regarding damage to tbe neighbor, I will only point out that the hearing process was misused if the as-built is substantially different from what was noticed for hearing. But I am particularly concerned about what this means for the Town's permitting process. Virtually every homeowner along West Creek Ave knows exactly what has happened here. They are all watching carefully to see how far they will stretch their Trustee permits when their time comes. There has to be some restitution if the Trustees ever expect to enforce their permi ts. I find it hard to believe that the final inspection did not catch the features that were out of compliance with the permit, that an enforcement action did nO! follow automatically, or that a pertnit could be altered after the fact to legalize what the Trustees would not have permitted in the first place 1\0\1 5 LUuJ RECEIVED NOV 1 5 2005 . . NOTICE PURSUANT TO TOWN LA W S268(1} ! TO: TOWN OF SOUTHOLD BOARD OF TRUSTEES TOWN OF SOUTHOLD POLICE DEPARTMENT TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN BOARD OF THE TOWN OF SOUTHOLD TOWN ATTORNEY, TOWN OF SOUTHOLD NOV - 2 2005 , I L.._..___. - '--.~---. Notice is hereby given pursuant to Town Law Section 268(2) that Deborah Doty, a resident taxpayer of the Town of South old, residing at 670 West Creek Avenue, Cutchogue, New York 11935 requests that you and all of you proceed to take and institute the appropriate actions to: (a) stop and enjoin the work at 800 West Creek Avenue, Cutchogue, New York ("Property") and (b) correct and abate the violations ("Violations") at the Property. Upon your failure to do so within ten (10) days of the date of this request, action pursuant to Town Law 268(2) may be instituted by three resident taxpayers for such relief as provided therein. The Violations referenced above consist of, inter alia, the following: (a) Construction of a stone retaining wall in violation and excess of a Trustees permit dated July 21, 2004 within 100 feet of wetlands; (b) Construction of a wooden retaining wall in violation and excess of a Trustees permit dated July 21, 2004 within 100 feet of wetlands; (c) Placement of fill in Violation of a Trustees permit dated July 21, 2004 within 100 feet of wetlands; (d) Construction of a deck without a Trustees permit within 100 feet of the wetlands; .' t . (e) Disturbance of land, filling, re-Iandscaping and regrading \Vithout a Trustees permit within 100 feet of the wetlands; (f) Creation ofa sluice-way for water from West Creek Avenue into Wickham Creek in Violation of Chapter 97; and (g) Construction as aforesaid without a building permit. Complaints concerning these activities have been repeatedly brought to the attention of the Trustees, the Trustees' staff; and the Bay Constable. No action was taken. Indeed, the Bay Constable advised that he was instructed by the Trustees to take no action. This refusal and failure to act is contrary to the letter, spirit, and purpose of Chapter 97. Dated: November 2, 2005 -- ~ ,~._~,~ DEBORAH DOTY ~ , ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Town Board Town Attorney Trustees Building Dept Police Department John CushnIan Jon Shearin, Roy Reeve Agency r----~ , II '.; From: Linda J. Cooper, Deputy Town Clerk Date: November 2, 2005 Re: Notice pursuant to Town Law Sction 268(2) from Deborah Doty Attached hereto is a notice filed by Deborah Doty NOTICE PURSUANT TO TOWN LAW &26Sm RECEIVED /....],.o;u #Ill NOV 2 2005 ~t.~~~ $oufhold Town Cler. I TO: TOWN OF SOUTHOLD BOARD OF TRUSTEES TOWN OF SOUTHOLD POLICE DEPARTMENT TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN BOARD OF THE TOWN OF SOUTHOLD TOWN ATTORNEY, TOWN OF SOUTHOLD Notice is hereby given pursuant to Town Law Section 268(2) that Deborah Doly, a resident taxpayer of the Town of Southold, residing at 670 West Creek Avenue, Cutchogue, New York 11935 requests that you and all of you proceed to take and institute the appropriate actions to: (a) stop and enjoin the work at 800 West Creek Avenue, Cutchogue, New York ("Property") and (b) correct and abate the violations ("Violations") at the Property. Upon your failure to do so within ten (10) days of the date of this request, action pursuant to Town Law 268(2) may be instituted by three resident taxpayers for such relief as provided therein. The Violations referenced above consist of, inter alia, the following: (a) Construction of a stone retaining wall in violation and excess of a Trustees permit dated July 21, 2004 within 100 feet of wetlands; (b) Construction of a wooden retaining wall in violation and excess of a Trustees permit dated July 21, 2004 within 100 feet of wetlands; (c) Placement offill in Violation ofa Trustees permit dated July 21,2004 within 100 feet of wetlands; (d) Construction of a deck without a Trustees permit within 100 feet of the wetlands; . , (e) Disturbance ofland, filling, re-Iandscaping and regrading without a Trustees permit within 100 feet of the wetlands; (f) Creation of a sluice-way for water from West Creek Avenue into Wickham Creek in Violation of Chapter 97; and (g) Construction as aforesaid without a building permit. Complaints concerning these activities have been repeatedly brought to the attention of the Trustees, the Trustees' staff; and the Bay Constable. No action was taken. Indeed, the Bay Constable advised that he was instructed by the Trustees to take no action. This refusal and failure to act is contrary to the letter, spirit, and purpose of Chapter 97. Dated: November 2, 2005 ~ c' 4..... DEBORAH DOTY ~ . . Telephone (631)765-1892 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed" November 9, 2005, the following recommendation was made: Moved by Don Wilder, seconded by Jack McGreevy, it was RESOLVED to recommend to, the Southold Town Board of Trustees APPROVAL of the Amendment application of ROBERT LAWRENCE to Amend Permit #5952 to install a timber retaining wall on the south side of the property and modifications to the stone wall. Located: 800 West Creek Ave., Cutchogue. SCTM#103-13-6 The CAC recommends Approval of the application, however questions the use of CCA treated lumber on the retaining wall north of the property line. Vote of Council: Ayes: All Motion Carried . . DEBORAH DOTY ArrORNEY AT LAw 670 WEST CREEK AVENUE P.O. Box 1181 CUTCHOGUE. NY 11935-0876 FAX 631-734-7702 631-734-6648 November 7,2005 BY HAND Albert J. Krupski, Jr. & Members of the Board of Trustees Town Hall Annex 54375 Main Road PO Box 1179 Southold, NY 11971 ,._~ r..~ (iU 1:" 'I 'I': .r. .~'.,~ In " \tD b I .'., '. II U r~'---'--"._,_..n .----; I! ' ...... : ~ ; fUI. NOV - 7 2005 i-; , I L.___ - 8 ~(" ~,~:'t\\~~S RE: 800 West Creek Avenue, Cutchogue, NY (SCTM # 1000-103-13-6) Dear Mr. Krupski & Members of the Board: Thank you for your letter dated November 2,2005 regarding the November 9,2005 site inspection of the above-referenced premises. Please advise as to the time of your inspection so that I can arrange to be present. However, if I am not available at the time of your inspection, each of you is invited to enter upon my property to view the subject premises from the existing natural grade. Respectfully submitted, -- '-- ~,.....,'" Deborah Doty ~ , ~ DD:bdr . . 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) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD November 2, 2005 Deborah Doty P.O. Box 1181 670 West Creek Ave. Cutchogue, NY 11935 Re: ROBERT AND KATHLEEN LAWRENCE 800 WEST CREEK AVE, CUTCHOGUE SCTM# 103-13-6 Dear Ms. Doty: The Board of Trustees is in receipt of your Notice regarding the above referenced property. The Board has scheduled a site inspection at the Lawrence property for next Wednesday, November 9,2005. There is an application before the Board for an amendment to the current Permit # 5952. At that time the Board will review the file and address the concerns in your notice. Very Truly Yours, tiUuJ1-j~ '1 Albert J. Krupski, Jf. President, Board of Trustees AJK/hkc