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i j Board Of Southold Town Trustees 4 SOUTHOLD, NEW YORK PERMIT NO. DATE: January 23.,.. 2002 Centur Tenni on behalf of.Shaw.n...Fitzg.erald ISSUED TO .............._. ..y.. ... .................................. ... .. x v Pursuant to the provisions of Chapter 615 of the Laws of t the State of New York, 1893; and Chapter 404 of the Laws of the $ ' State of New York 1952; and the Southold Town Ordinance en- titled ."REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;'.'. and in accordance with the Resolution of The Board adopted at a meeting held on January._ 23, �. . . � .20.0-2., and in consideration of the sum of $-2.04...04D .. .. paid by € Century...Tenn£s. .an. behalf of Shawn Fitzgerald-:----- . � of ...weer pa _._....... . .. ... ............ N. Y. and subject to the Terms and C onditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: ? Wetland Permit remove access ramp in wetlands and restore it to original state. all in accordance with the detailed specifications as presented in the originating application. r IN WITNESS WHEREOF, The said Board of Trustees bore- by causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. l. ��� Artie Foster (Absent) j AL � Trustees JJ X K TERMS and CONDITIONS The Permittee Shawn ETtzgerald " residing at 495 Paddock Way, Mattit„rkr N. Y., as parr of the consideration for the issuance of the Permit does understand and prescribe to the fol- lowing: i. Thu the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly at indirectly as a result of nay oper- ation performed pursuant to this permit, and the said Petmithoe will, at his or her own expense, defend my and all such su its-inidated by third parties, and the said F 1 , asahma full Bahilly with respect thereto, to the complete ettlusion of the Board of Trustees of the Town of Southold 2. That this Permit is valid for a period of 24 mos, which is considered to be the estimated time required to complete the work involved, but should drtomstances warrant, request for an extension may be made to the Board at a later dace. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that cath- orizaton was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or In agents, and noncompliance with.the provisions of the originating application, may be cease for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pane sad repass along the beach between high and hnv water marks. 7. That if future operations of the Town of Southold require the removal and/or .Random in the location of the work herein authadod, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruaton to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work or project herein stated without expenses to the Town of Southold 8. That the said Board will be notified by the Permittee of the completion of the work auth- orized. 9. That the Permittee will obtain all other permits and consents that may be required sup- plemental to this permit which may be subject to revoke upon fail= to obtain ume. �oS�FfocK�oG ti y o 4 Town Hall. 53095 main Road u-+ P.O. Boz 1179 Telephone O � Southold. New York 11971 (631) 765-1892 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Conservation Advisory Council held Wednesday, January 16, 2002, the following recommendation was made: Moved by Jason Petrucci, seconded by Bill McDermott, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the Wetland Permit Application of SHAWN FITZGERALD to remove the access ramp in the wetlands and natural buffer and restore to original state. Located: 495 Paddock Way, Mattituck. SCTM#107-4-2.1 Vote of Council: Ayes: All Motion Carried I \AgUPFO[,�co 41 �O VALERIE SCOPAZ,AICP o= Telephone(631) 765-1938 TOWN PLANNER Z Fax (631) 765-3136 O .tC Valerie.ScopazCatown.southold.ny.us P.O. sox 1179 Town Hall, 53095 Main Road Southold, New York 11971-0959 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD January 2, 2002 L Mr. Michael Healion Century Tennis, Inc. P.O. Box 806 Deer Park, NY 11729 Re: Fitzgerald Property 495 Paddock Way, Mattituck SCTM#1000-107-4-2.1, Bldg. Permit#278792 Dear Mr. Healion: In response to your query of November 26, 2001, 1 have discussed this violation with the Planning Board. It is suggested that you contact the Town's Board of Trustees and the New York State Department of Environmental Conservation to determine what restoration activities you would have to undertake in order for them to agree to the lifting of the violations. It is further suggested that you speak with Allan Connell of the U.S. Soil Conservation Service in Riverhead. He may be able to be of assistance to you in putting together a package of re-vegetation and bank stabilization measures that would be acceptable to the Board of Trustees and to the State Department of Environmental Conservation. Mr. Connell's telephone number is 727-2315. If you need further assistance, feel free to contact my office; otherwise it is suggested that you work closely with the Trustees and the D.E.C. in order to rectify this violation. Very truly yours, y Valerie Scopaz, AIC, Town Planner cc: Southold Town Board of Trustees Bruno Semon, Southold Town Building Inspector Sean Fitzgerald i �Y Request for Information DATE: 7 112-6 p `72/p Name (print): / //6 'Ye L lVeaLioaJ Tel /- ?a0 - G6o - 71"29 SCTM# of siteyouare inquiring about: 1000-1Q7- V a •� Comments: 1 l TZ G enc✓! L p /'�v/' �r� y way (/!'I w rr) TUC, !, {3�p6 Perry , p - 27V 79 / n For office use only - Staff member:VS i O��gUFFO(,�co o� Gyp N Town Hall,53095 Main Road U. Fax(631)765-1823 P.O. Box 1179 2P ` Telephone(631) 765-1802 Southold, Nein York 11971-0959 BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMO JAN DATE:01/09/02 TO:- Lauren Standish, Town Trustee's FROM: Bruno Semon, Building Inspecto� REFERENCE: Mr. Tim Healion, c/o Shawn Fitzgerald Residence Building Permit Number 27879z for an Accessory Tennis Court at 495 Paddock Way Mattituck, N.Y. County Tax Map Number 1000 - Section 107 Block 4 Lot 2.010 Hi Lauren, For your file attached are copies of the Planning Board Map, Covenants and Restrictions (C&R's) of Wolff Pit Ass., our letter dated 1/8/02 and a letter from our Planning Board. After meeting with Valerie today it has come to our attention that the area out of wetland jurisdiction should be reviewed for violations as well. After a site visit it is apparent that damage to the property in the natural vegetation buffer did occur. According to the C&R's number 6, 7 & 8 that no disturbance in the natural vegetation area is allowed. In your review please include conditions to replace all the damaged area's that may be in or out of wetlandjurisdiction. Please inform the Trustee's of this matter. Feel free to work out the specifics with what Planning Board may require for the natural vegetation buffers. Please forward the permit and conditions to us so we can close out our building permit. Thanks in advance for the cooperation. File Ccr. mv, vs qAhwf; described and designated on the map entitled "Wolf Pit Pond Estates" at Mattituck, Town of Southold, Suffolk County, dated May 20, 1988 and revised date of December 1, 1989, prepared by Young & Young, and as is intended to be filed simultaneously with tnis declaration in the Office of the County Clerk of Suffolk County and with the Town of Southold Planning Board, and the same is hereby executed and declared a Wetland and Natural Vegetation !! Retention Buffer Easement and Scenic and Natural Vegetation I Retention Buffer Easement. 4. That the terms and conditions as set forth herein I apply to all land lying within the said wetland and natural vege- tation easement and scenic and natural vegetation easement, as areas are shown on the hereinabove mentioned map. 5. That the said owners, their successors, grantees or assigns shall keep the said Wetland and Natural Vegetation Retention Buffer Easement and Scenic and Natural Vegetation Retention Buffer Easement open and free of buildings and other structures including 1 any billboards or advertising signs ( the term "structure" and i "Building" shall be interpreted as including, but not limited to, swimming pools, patios, storage buildings, structures for housing of domestic animals, boat or other trailers, recreational vehicles, retaining walls and bulkheads) . 6. That the natural vegetation and resources of said easements in its conditions shall remain undisturbed, and in its natural state, and to this end no top soil, sand, gravel , rock or minerals, shall be excavated nor removed therefrom, no grading shall be conducted on the said designated areas and no planting of fill shall be placed upon the said designated areas which -5- would contribute to the erosion of the land, and no trees on the said designated areas shall be cut or removed and no other plants or vegetation in said designated area shall be destroyed or removed. 7 . That there shall be no prohibition on the owners, their successors, grantees or assigns, who may seek to traverse said designated easement areas as the same may be traversed by a walkway, whether elevated or on the ground, provided proper wetland permits be obtained from the applicable agencies, including the Board of Trustees of the Town of Southold and the New York State Department of Environmental Conservation. 8 . That any disturbance to the land within the designated easement areas shall be redressed by the restoration of said land to its prior natural state, within sixty ( 60) days of the disturbance or of the date of the disturbance is reported to either the Planning Board or the Bay Constable. 9. That the said owners, their successors, grantees or assigns reserve the right for the exclusive use of those areas within the confines of the lots affected by this Declaration insofar as the use is not inconsistent with the purposes of this covenant as set forth and the said owners, successors, grantees and assigns may exclude the general public or any person or persons from the use of that portion so designated on their premises, except that the Town of Southold shall have the right to enter the easement are only where it exists on Lots 1 , 2, 3 and 4 for the purpose of maintaining the berm and vegetation so as to provide for the ongoing functioning of the area for storm water drainage and retention purposes. -6- i fu 60-0 10. That in consideration of the Town of Southold ' s approval of the final subdivision map as herein stated and its acceptance of that portion of the lands outside of a thirty-five degree turning radius at the intersection of Mill Lane and Mill Road as shown on the final map of Wolf Pit Pond Estates at Mattituck, Town of Southold, Suffolk County subject to the easement of the Long Island Lighting Company thereat the declarant dedicates that portion of the land to comply with the required thirty-five degree turning radius at the intersection of Mill Lane and Mill Road of the Town of Southold Planning Board. 11 . That the following front yard setbacks shall be complied with by the owner, prospective owners, their successors, grantees and assigns as to the following lots along Mill Road, as shown, described and designated on the map entitled "Wolf Pit Pond Estates" at Mattituck, town of Southold, Suffolk County, dated May 20, 1988 and the revised date of December 1, 1989, prepared by Young & Young : Lots 2 and 3 shall have a one hundred ( 100) foot front yard setback; Lots 1, 4, 5, 6, 7, 8 and 9 shall have a one hundred fifty ( 150 ) foot front yard setback. 12 . That in consideration of the Town of Southold Town Planning Board approval, the owner and prospective owners, their successors, grantees and assigns of Lots 10, 11, 12 and 13 as shown, described and designated on the map entitled "Wolf Pit Pond Estates" at Mattituck, Town of Southold Suffolk County, dated May 20, 1988, and the revised date of December 1, 1989, prepared by Young & Young, and said road/right of way/easement designated "Paddock Way" -7- X .n 0-Ii.fb0c) on said final plat shall be for the use and benefit exclusively for the owners of said Lots 10, 11 , 12 and 13: FURTHER, that access by the owner, prospective owner, its successors, grantees or assigns, or Lot 9 to said road/ right of way/easement designated "Paddock Way" is prohibited. Accessibility to Lot 9 shall be from Mill Lane only. 13 . That the owners, prospective owners, successors, grantees and assigns, of Lots 10, 11 , 12 and 13, shall have an unobstructed easement of said road/right of way/easement for purposes of ingress and egress to their respective lot . 14. Further, that said exclusive owners, proppective owners, successors, grantees and assigns, of Lots 10, 11 , 12 and 13, shall be responsible and make payment of all maintenance and repairs, including but not limited to the removal and clearance of snow, each of said owners so benefited shall share equally the cost and expense and contribute equal amounts as required. 15 . That these declarations and dedication shall run with the land and shall be binding upon and inure to the benefit of the owners of the respective parcels, their grantees, assigns, and all persons hereinafter owning or occupying the premises affected by the same. 16 . That these declarations and dedication may be enforced by proceedings at law or in equity, and that the invalidation of one or more of the provisions herein shall in no way invalidate the remaining provisions herein. -8- i I0 A IN WITNESS WHEREOF, the parties have affixed their hand and seal hereto, this day of , 1990. F70LF I�T ASS7E o STATE OF NEW YORK ss.: County of Suffolk I, EDWARD P. ROMAINE,Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County(said Court bei gaCourtofRecord)DOHEREBYCERTIFYthat Iphave compared the annexed copy of /\-I.GC"10e,'c,6 Cn V,, 1770 L a , P. m ✓r. a�„ + //OG / 326 and that it is a just and trUb copy of such original, and of the whole thereof. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seal of said County and Court this y day of gill-, 19 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Form No. 104 12-109..1249cs -9- 1 ell VALERIE SCOPAZ,AICP � Telephone(631) 765-1938 TOWN PLANNER Z Fax(631) 765-3136 O P.O. Box 1179 Valerie.ScopazCa own.southold.ny.us y p! Town Hall, 53095 Main Road Southold, New York 11971-0959 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD January 2, 2002 Mr. Michael Healion Century Tennis, Inc. 1 P.O. Box 806 s 1 Deer Park, NY 11729 Re: Fitzgerald Property 495 Paddock Way, Mattituck SCTM#1000-107-4-2.1, Bldg. Permit #278792 Dear Mr. Healion: In response to your query of November 26, 2001, 1 have discussed this violation with the Planning Board. It is suggested that you contact the Town's Board of Trustees and the New York State Department of Environmental Conservation to determine what restoration activities you would have to undertake in order for them to agree to the lifting of the violations. It is further suggested that you speak with Allan Connell of the U.S. Soil Conservation Service in Riverhead. He may be able to be of assistance to you in putting together a package of re-vegetation and bank stabilization measures that would be acceptable to the Board of Trustees and to the State Department of Environmental Conservation. Mr. Connell's telephone number is 727-2315. If you need further assistance, feel free to contact my office; otherwise it is suggested that you work closely with the Trustees and the D.E.C. in order to rectify this violation. Very' yttrully -yyours, 1 Valerie Scopaz, AICP Town Planner cc: Southold Town Board of Trustees Bruno Semon, Southold Town Building Inspector Sean Fitzgerald I Request for Information \ DATE: leer' 172 Name (print), 6 /fP L 1-4 aLlOx) Cc,� t,,cy �cnhvil X" .Tel #: /- tCO0 - 66o - 7J' 2, SCTM# of site you are inquiring about: 1000-- % o 7- A/ Comments: I�e 4iT7,C eic✓a6 n (3Lfl s P�yern . P-F i 7 V 79 1-- /,r/Fo �✓n *tea w� �! T a l�ioL�Y ro ,1 %o &rx/ ..Por office use only - Staff member:vs i • gpGFO(�- • Albert J. Krupski, President O� CD Town Hall James King, Vice-President ti'Z' G� 53095 Route 25 Artie Foster o P.O. Box 1179 Ken Poliwoda ca Southold,New York 11971-0959 Peggy A. Dickerson Telephone(631) 765-1892 j Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 20, 2003 William A. DiConza, Esq. 15A Berry Hill Rd. Oyster Bay, NY 11771 RE: SHAWN & JOLYNE FITZGERALD 495 PADDOCK WAY, MATTITUCK SCTM#1074-2.1 Dear Mr. DiConza: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, August 20, 2003 regarding the above matter: WHEREAS, SHAWN & JOLYNE FITZGERALD filed an application to erect an open split- rail fence on their property at 495 Paddock Way, Mattituck, SCTM# 107-4-2.1, and WHEREAS, the proposed location of the fence is within 100 feet of Wolf Pit Lake, and WHEREAS, a public hearing was opened on December 18, 2002 on this application at which time all interested persons were given an opportunity to be heard, and oral and written comments were received and reviewed by this Board including letters of William DiConza, Esq., dated May 19, 2003 and June 30, 2003, letter of Abigail Wickham, Esq., dated June 18, 2003 and letter of Stephen R. Angel, Esquire, dated June 9, 2003, and WHEREAS, the public hearing was closed on July 2, 2003, and WHEREAS, applicants property is subject to Covenants and Restrictions which were imposed by the Southold Town Planning Board at the time the subdivision was created and approved, and the Covenants and Restrictions are incorporated herein by reference, and WHEREAS, the proposed location of the fence is within the Wetland and Natural Vegetation Retention Buffer Easement, and the Scenic and Natural Vegetation Retention Buffer Easement on the property, and z WHEREAS, the Covenants and Restrictions dictate that the aforementioned easements must be kept open and free of buildings and other structures, and WHEREAS the Covenants and Restrictions refer to the scenic beauty, openness, and natural conditions of the land, and dictate that the natural vegetation and resources of the easements shall remain undisturbed and in its natural state, and, therefore Be it RESOLVED that the Southold Town Board of Trustees DENIES the Fitzgerald application for a split-rail fence within the Wetlands and the Wetland and Scenic Natural Vegetation Retention Buffer Easements. The application is denied without prejudice to the applicants ability to re-apply after application to modify the Covenants and Restrictions has been granted by the Planning Board. Very truly yours, Albert J. Krupski, Jr., President Board of Trustees AJK:Ims PLANNING BOARD MEMBERS ��gUFFO(Ir�O JERILYN B.WOODHOUSE �0 G P.O. Box 1179 Chair C iL Town Hall, 53095 State Route 25 COD Southold, New Fork 11971-0959 RICHARD CAGGLANO • Telephone (631) 765-1938 WILLIAM J. CREMERS Fax 1631) 765-3136 KENNETH L. EDWARDS MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 26, 2004 p D William A. DiConza, Esq. FEB 2 7 LU 4 P.O.Box 457 5 Audrey Avenue Southold Town Oyster Bay, NY 11771 Board of Trustees Re: Request of Shawn and Jolyne Fitzgerald to amend Covenants & Restrictions 495 Paddock Way Mattituck, NY 11971 SCTM # 107-4-2.1 Dear Mr. DiConza: The matter referenced in your letters of February 11, 2004, and October 1, 2003 had been discussed by the Planning Board in November of 2003. Their decision at that time was to stand by their original intent, which was to keep the area around Wolf Pit Pond free of any structures, including fences. Accordingly, they would not agree to amend the Covenants and Restrictions to permit a fence. I apologize for the oversight in responding to your previous letters. Sinc�2 rely, ,Vaal`erie Scopaz, A P� Town Planner Cc: Members of the Planning Board Town Attorney's Office I FROM William is DiConza Esq • FRX NO. : 15166247735 • May. 20 2W3 04:59PM P2 William A. DiConza Counselor At Law 5 Audrey Avenue Oystcr Bay,New York 11771 Telephone 516-624-11x66 Facsimile 516-674-7735 May 19, 2003 Via Facsimile 631-765-1366 Board of Trustees Town of Southold 53095 Route 25 Southold,New York 11971 Re: Application for Waiver(Fitzgerald) Dear Sirs: I am the attorney for the Fitzgeralds regarding their application for a waiver to construct a split rail fence on their property and within 100 feet of Wolf Pit Pond. When I appeared before your Board last month, a letter from the Assistant Town Attorney was introduced wherein she opined that although there is no specific prohibition in the Wolf Pit Pond Covenants and Restrictions(C&Rs) prohibiting the fence which the Fitzgeralds wished to install, she felt that since the Town Code defines fences as"structures", the same definition should apply to the private C&Rs governing the Wolf Pit Pond homeowners and, therefore, by implication, the Fitzgeralds' fence application should be denied. The Assistant Town Attorney's opinion is wrong for several reasons, not the least of which is the fact that the Southold Board of Trustees does not have jurisdiction to either interpret or enforce the private C&Rs governing the homeowners of Wolf Pit Pond. The Board's jurisdiction is limited to seeing that the existing environmental conditions are maintained and preserved and not to police the terms of the C&Rs. The Board's jurisdiction is neither limited nor expanded by the C&Rs and the Assistant Town Attorney was wrong when she advised the Board that by employing the terms of the C&Rs, it could deny the Fitgeralds' application. Another major error on the part of the Assistant Town Attorney was her attempt to take the definition of"fence" from the Town Code and transfer its meaning so as to define a term in the C&R document_ The C&Rs specifically define what types of things are to be considered"structures"for the purpose of prohibiting same along the Pond's Natural Vegetation Buffer. The C&R's define as prohibite& "swimming pools, patios, storage buildings, structures for housing of domestic animals, boat or other trailers, recreational vehicles, retaining walls and bulkheads". Had the drafters of the C&Rs wished to include the four letter word"f e n c e", they would have, They did not. FF'oM 41i I1 iam A DiConza Esq • FAX No. : 15166247735 • May. 20 2003 05:OOPM P3 The Assistant Town Attorney states that fences should be prohibited because the C&R's state, at Paragraph 6, that "natural vegetation and resources of said easements in its condition shall remain undisturbed, and in its natural state." The attorney intentionally failed to continue quoting from Paragraph 6 wherein the drafters of the C&Rs explain what they mean by leaving the area"undisturbed": ...to this end no top soil, sand gravel, rock or minerals, shall be excavated or removed therefrom, no grading shall be conducted on the said designated areas and no planting of fill shall be placed upon the said designated areas which would contribute to the erosion of the land, and no trees on the said designated areas shall be cut or removed and no other plants or vegetation in said designated area shall be destroyed or removed. Pata. 6 C&R The installation of an open split-rail fence will in no way cause erosion, require the planting of fill, require grading nor cause any trees or plants or other vegetation to be destroyed or removed. The attorney was wrong to have taken one part of one sentence of one paragraph out of context and quote it to this Board as a means of validating her opinion. A reading of the very next paragraph confirms that the drafters of the C&Rs actually intended for there to be some degree of disturbance to the natural vegetation and resources by allowing for the construction of elevated walkways to occur within the designated areas: There shall be no prohibition on the owners, their successors, grantees or assigns,who may seek to traverse said designated easement areas as the same may be traversed by a walkway,whether elevated or on the ground... Para. 7 C&Rs It is quite clear that if the drafters permitted elevated walkways to be constructed within the designated areas, a finding by the assistant Town Attorney that an open split-rail fence, which is far less harmful to the natural vegetation than a solid walkway, is simply unsupportable. Of great significance to the Fitzgeralds is the right conferred in Paragraph 9 of the C&Rs allowing owners of the properties within the designated areas to exclude the public therefrom: That said owners, their successors, grantees or assigns reserve the right for the exclusive use of those areas within the confines of the lots affected by this declaration insofar as the use is not inconsistent with the purposes of this covenant as set forth and the said owners, successors, grantees and assigns may exclude the general public or any person or persons from the use of that portion so designated on their premises... Para. 9 C&Rs FROM William A DiConza E5 4 • FAX NO. : 15166247735 • May. 20 2003 05:01PM P4 How is one to exercise their clearly stated right to "exclude the general public" if one cannot erect a fence or some other type of barrier? An open split-rail fence would seem to be the least intrusive way of exercising this right of exclusivity. Paragraph 3 of the September 18, 1991 Amendment and Modification of Declaration of Wolf Pit Associates specifically allows for property line fences and states that such fence need not be of natural growth_ The only limitation is that any fences, wall or hedgerow erected or planted shall not be so tall as to"...unreasonably obstruct the view from any other lot on said tract." Whether or not a split rail fence is a "structure" is irrelevant to the Board's sole function, which is to determine the environmental significance, if any, of such. While this Board routinely grants permission for piers, docks, bulkheads and patios to be constructed within wetlands and adjacent areas, it would seem that the approval of an open split rail fence to be situated 50 feet upland of the Pond and behind several rows of substantial trees, would be automatic. The proposed fence would have absolutely no impact whatsoever on Wolf Pit Pond's ecosystem or upon the surrounding environment. It will not even be visible along the length of the Pond's bank. The Fitzgeralds are entitled to enjoy a simple right of privacy, free from having strangers wander onto their property on a regular basis and destroy that which they have worked so hard to create and preserve, and perhaps sue them if they should fall or be injured while trespassing_ The Fitzgeralds could have legally installed a 7 foot high hedge along their property lute that would have accomplished their goal of security without the need for any municipal approvals,yet they believed that the proposed open, country-style split rail fence was more in keeping with the bucolic setting of Wolf Pit Pond. We trust that the community feels the same way and that the Board will eventually exercise its legislated jurisdiction in an appropriate manner and approve the fence request. tnrly your , 000000 l Dtconza WAD/slur I FROM William A Di Conza Esq FAX NO. : 15166247735 • May. 20 2033 04:54PM P1 • William A. DiConza Counselor At Law 5 Audrey Avenue Oyster Bary,New York 11771. Telephone 5161124-0866 Facsimile 516-624-7735 FACSIMILE COVER SHEET PLEASE DELIVER IMMEDIATELY TO: Town Board of Trustees FROM: William A. DiConza,Esq. FAX: 631-765-1366 DATE: January 15, 2003 RE: Fitzgerald Waiver Application NUMBER OF PAGES INCLUDING THIS COVER SHEET: 4 COMMENTS: 'ITM TRANHWSSION CONTAINS INFORMATION WHICH IS CONFIDENTIAL.AND/OR LEGALLY PRIVFLL^:GED. THE INFORMA110N IS INTENDED ONLY FOR THE USE OF TDM INDIVIDUAL OR NNITIY NAMED ON THIS TRANSMISSION SHEET. IF YOU ARE NOT THF INTENDFD RLaCIPIENT,YOU ARE HMRERY NOTIFIED THAT ANY DISCLOSURE,COPYING,DR IRIBUTION OR THE PARING OF ANY ACTION IN RELIANCE ON THF.CONTEN1S OF TM TELFCOPIED INFORMATION IS STRICTLY PROHMIT17D,AND THAT THE DOCUMF,NT(S)SILOULD BE RIIRNED TO THIS FIRM IMMEDIATELY. IN THIS REGARD.IF YOU HAVE RECEIVED THIS TELECOPY IN ERROR,PLEASE NOTIFY US BY TELEPHONE IlA.4. MIATELY SO TI IAT WE CAN ARRANGE FOR THF RETURN OF THE DOCUMENT(S). FROM William a DiConza Esq • FAX NO. : 15166247735 Jul. 61 2063 01:54PM P1 ilY ` William A. DiConza J nl: Counselor At Law 5 Audrey Avenue / /\ 1 Oyster Bay,New York 11771 .t Telephone 516624-0S66 S161i�7735 J f 14r (.� June 30, 2003 , r 1 ti I Via Facsiarile 631-765-1366 ' V Board of Trustees "ot Town of Southold 53095 Route 25Southold, New York 11971 Re: Application for Waiver(Fitzgerald) Dear President Krupski and Members of the Board: Thank you for affording me the opportunity to respond to the letter dated June 9, 2003 which was prepared by Stephen R. Angel,Esq. and submitted on behalf of Christopher Kelly, a neighbor of the Fitzgeralds who is not a resident of Wolf Pit Pond Estates. The letter contains many inaccuracies and selective, partial quotations which are designed to mislead this Board. I will be brief in my rebuttal. 1. ISSUE: The proposed open split rail fence and shrubs are within a conservation easement and should be denied. The proposed plantings along the western property line of the Fitzgerald property are more than 100 feet from Wolf Pit Lake and are outside of the wetlands natural vegetation retention area. The vast majority of the proposed 3 foot high open split rail fence is not along the Fitzgerald property line, but set back so that it is not even visible behind the existing two separate rows of trees and shrubs running along the north side of the Lake. 2. ISSUE: The Fitzgeralds have applied to the wrong board. In 2001, when contractors for the Fitzgeralds had mistakenly used a driveway off of Wickham Avenue to access the rear of the Fitzgerald property, the matter was hear and decided by the Board of Trustees. A permit was issued by the Board of Trustees. This is because the Board of Trustees regulates structures/disturbances placed within or adjacent to designated wetlands. Wolf Pit Lake is a wetland and the proposed location of the fence FROM W i 1 1 t am q P i Conza Esq • FR}; NO. : 15166247135 Jul. 81 _:='EI 01:54Ff F J is within 100 feet of such wetland. Regardless of whatever jurisdictions others may, or may not, have over the subject area, this Board has the jurisdiction to examine the environmental impacts, if any, of the proposed fence. This Board did not loose its jurisdiction to evaluate environmental impacts of structures/disturbances in wetlands and their adjacent areas merely because the Planning Board approved the subdivision. In fact, Declaration, p. 6, 47 specifically empowers this Board to grant property owners permits to erect raised walkways to traverse scenic easements on their property. Counsel's failure to bring this fact to the Board's attention is revealing. Whether or not application need be made to the Planning Board should not preclude this Board from exercising the jurisdiction which it has over this matter. It is our belief that the proposed fence would not have a negative impact upon the subject wetland and that the application warrants approval. 3. ISSUE: The Covenants prohibit the planting of shrubs or hedges. Counsel provides this Board with a half-sentence quote from paragraph 6 of the Covenants and claims that this precludes the planting of shrubs within the easement area. This out-of-context selective quotation is designed to mislead and the Board is urged to read the entire text of paragraph 6 of the Declaration. Paragraph 6 prohibits the removal of top soil, sand gravel rock or minerals, prohibits the removal and cutting of trees, and prohibits the destruction or removal of plants or vegetation. The Fitzgeralds do not propose to remove anything and, therefore, even if this Board were empowered to enforce the Declaration, which they are not, the proposed action would not be in violation thereof. The Declaration specifically defines what is to be considered a"disturbance" and such definition does not include the planting of additional trees and shrubs or the installation of and open split rail fence. 4. ISSUE: The proposal violates the Town's Wetland Code. This Board, when presented with the appropriate case, often and correctly permits homeowners to construct bulkhead, piers and homes within wetlands and adjacent areas when such construction would not be detrimental to the wetland's environment and would serve to benefit the property owner. In the instant case, the Fitzgeralds' request to erect a small open fence along a portion of their property to ensure their safety and that of their children in no way violates the Wetland Code of the Town. The fence and shrubs are well outside of the wetland area and their existence will in no way detract from the Lake or the surrounding, sloping hillsides. The proposed hedge and fence are not "right in the middle of the scenic vistas" as alleged in the neighbor's attorney. This Use allegation is yet another attempt to play to the sympathies of the Board and public, rather than rely upon the law and the facts of this case. This Board has been requested to examine the impact which the proposed fence and shrubs would have upon the wetland of Wolf Pit Lake. If this Board concludes that the surrounding ecosystem and environment will not be negatively impacted by the proposal, than it is bound to issue its approval for the proposal. If, however, this Board is FROM : W 11 iam R D Conza Esq « FRX NO. : 15166247735 Jul. 01 2001•• 01:5spF3 ♦, able to conclude that, by applying the very same standards which it applies to all of the other cases which come before it, the proposed fence and shrub will negatively impact the wetland to such an extent that the detriment resulting therefrom outweighs the benefit sought to be achieved by the Fitzgeralds, than it may come to a different conclusion and issue findings of fact in support thereof. We once again thank you for your continued interest in this important matter and anticipate a fair decision that both preserves the public's interest while, at the same time, allows the Fitzgeralds the tight to keep trespassers and loiterers off of their private property. V truly ;Z6 6 am A. WAD/alm I FROM Wi 11 iarn A DiConza Esq FAX NO. : 15166247735 .May. 21 2003 01:411PM P1 William A. DiConza Counselor At Law 5 Audrey Avenue Oyster Bay, New York 11771 "1"elephouc 516-624-0966 FacsiadIc 516-624-7735 May 21, 2003 Via Facsimile 631-765-1366 Board of Trustees Town of Southold 53095 Route 25 Southold, New York 11971 Re: Application for Waiver(Fitzgerald) Dear Sirs: I have been advised that the above matter is scheduled to be before your Board this evening. In that you were only recently presented with my memorandum responding to that of the Assistant Town Attorney, I would appreciate the matter being put over to your meeting of June 18, 2003 so as to afford you ample time to study the documents in question and the environmental impact of the proposed fence. Thank you for your continued interest in this important matter. V t ly yours, pEc� E E D A. i onza MAY 2 i seam N Uustm WAD/sltn �FinM wii1 i2m A DiConza Esq • FAX NO. : 15166247735 • May. 20 2003 04:59PM P1 William A. DiConza Counselor At Law 5 Am1mv Avenue Oyster Bay,New York 11771 Telcphme 516-624-0866 Facsimile 516-624-7735 FACSEVTILE COVER SHEET PLEASE DELIVER IMMEDIATELY TO: Town Board of Trustees FROM: William A. DiConza,Esq. FAX: 631-765-1366 DATE: January 15, 2003 RE: Fitzgerald Waiver Application NUMBER OF PAGES INCLUDING THIS COVER SHEET: 4 COMMENTS: I-IIS TRANyMISSION CONTAINS INFORMATION WHICH IS CONFIDENTIAL.AND/OR LFXjALLY PRIVFT LGED. T1.1L INFORMATION IS INTI LADED ONLY FOR THE USE OF TTIL INDIVIDUAL OR VN'(T1Y NAMED ON THIS TRANSNasSION SHEET, IF YOU ARE'NOT TBH INfENDFD RECIPIENT, YOU ARF. I,MRE1tY NOTIFIED THAT ANY DISCLOSURE,COPYING,DIS'LRIDUTION OR THE'fAKING OF ANY ACTION IN RELIANCE ON THP.CONTENTS OF SHOULD D EC7OPIED�ORMAT ION IS STRICTLY IS FIRM7MMFL�IATELY. PROHNITP.D,AND THAT THE DOCUMENT(S) IN THIS REGARD,IF YOU 1'IAVE RECETM TFUS'fULECOPY 114 ERROR,PLEASE NOTulY US BY TELEPHONE Il&&OIATELY SO TIIAT WE CAN ARRANGE FOR THE RETURN OF THE llOCUMENI'(S). FROM R piConza Esq • FRX NO. : 15166247735 • May. 20 2003 04:59PM P2 William A. DiConza Counselor At Law 5 Audrey Avenue Oyster Bay,New York 11771 1 elephme 516624a1s6r, Facsimile 516-624-7735 May 19, 2003 V is Facsimile 631-765-1366 Board of Trustees Town of Southold 53095 Route 25 Southold, New York 11971 Re: Application for Waiver(Fitzgerald) Dear Sirs: I am the attorney for the Fitzgeralds regarding their application for a waiver to construct a split rail fence on their property and within 100 feet of Wolf Pit Pond. When I appeared before your Board last month, a letter from the Assistant Town Attorney was introduced wherein she opined that although there is no specific prohibition in the Wolf Pit Pond Covenants and Restrictions (C&Rs) prohibiting the fence which the Fitzgeralds wished to install, she felt that since the Town Code defines fences as "structures", the same definition should apply to the private C&Rs governing the Wolf Pit Pond homeowners and, therefore, by implication, the Fitzgeralds' fence application should be denied. The Assistant Town Attorney's opinion is wrong for several reasons, not the least of which is the fad that the Southold Board of Trustees does not have jurisdiction to either interpret or enforce the private C&Rs governing the homeowners of Wolf Pit Pond. The Board's jurisdiction is limited to seeing that the existing environmental conditions are maintained and preserved and not to police the terms of the C&Rs. The Board's jurisdiction is neither limited nor expanded by the C&Rs and the Assistant Town Attorney was wrong when she advised the Board that by employing the terms of the C&Rs, it could deny the Fitgeralds' application. Another major error on the part of the Assistant Town Attorney was her attempt to take the definition of"fence" from the Town Code and transfer its meaning so as to define a term in the C&R document. The C&Rs specifically define what types of tugs are to be considered"structures" for the purpose of prohibiting same along the Pond's Natural Vegetation Buffer. The C&R's define as prohibited: "swimming pools, patios, storage buildings, structures for housing of domestic animals, boat or other trailers, recreational vehicles, retaining walls and bulkheads". Had the drafters of the C&Rs wished to include the four letter word "f e n c e", they would have. They did not. i =FCrt9 liam P Di Con_3 Esq • FAX N0. : 15166247735 • May. 20 2003 05:00PM P3 The Assistant Town Attorney states that fences should be prohibited because the C&R's state, at Paragraph 6, that "natural vegetation and resources of said easements in its condition shall remain undisturbed, and in its natural state." The attorney intentionally failed to continue quoting from Paragraph 6 wherein the drafters of the C&Rs explain what they mean by leaving the area"undisturbed": ...to this end no top soil, sand gravel, rock or minerals, shall be excavated or removed therefrom, no grading shall be conducted on the said designated areas and no planting of fill shall be placed upon the said designated areas which would contribute to the erosion of the land, and no trees on the said designated areas shall be cut or removed and no other plants or vegetation in said designated area shall be destroyed or removed. Para. 6 C&R The installation of an open split-rail fence will in no way cause erosion, require the planting of fill, require grading nor cause any trees or plants or other vegetation to be destroyed or removed. The attorney was wrong to have taken one part of one sentence of one paragraph out of context and quote it to this Board &q a means of validating her opinion. A reading of the very next paragraph confirms that the drafters of the C&Rs actually intended for there to be some degree of disturbance to the natural vegetation and resources by allowing for the construction of elevated walkways to occur within the designated areas: There shall be no prohibition on the owners, their successors, grantees or assigns, who may seek to traverse said designated easement areas as the same may be traversed by a walkway, whether elevated or on the ground... Para. 7 C&Rs It is quite clear that if the drafters permitted elevated walkways to be constructed within the designated areas, a finding by the assistant Town Attorney that an open split-rail fence, which is far less harmful to the natural vegetation than a solid walkway, is simply unsupportable. Of great significance to the Fitzgeralds is the right conferred in Paragraph 9 of the C&Rs allowing owners of the properties within the designated areas to exclude the public therefrom: That said owners, their successors, grantees or assigns reserve the right for the exclusive use of those areas within the confines of the lots affected by this declaration insofar as the use is not inconsistent with the purposes of this covenant as set forth and the said owners, successors, grantees and assigns may exclude the general public or any person or persons from the use of that portion so designated on their premises... Para. 9 C&Rs 1 -FOM =;ill icm P Di Conza Esq • FAX NO. : 15166247=35 • y May. 20 2003 05:01PM P4 How is one to exercise their clearly stated right to "exclude the general public" if one cannot erect a fence or some other type of barrier? An open split-rail fence would seem to be the least intrusive way of exercising this right of exclusivity. Paragraph 3 of the September 18, 1991 Amendment and Modification of Dcclaration of Wolf Pit Associates specifically allows for property line fences and states that such fence need not be of natural growth. The only limitation is that any fences, wall or bedgerow erected or planted shall not be so tall as to "..,unreasonably obstruct the view from any other lot on said tract." Whether or not a split rail fence is a "structure" is irrelevant to the Board's sole function, which is to determine the environmental significance, if any, of such. While this Board routinely grants permission for piers, docks, bulkheads and patios to be constructed within wetlands and adjacent areas, it would seem that the approval of an open split rail fence to be situated 50 feet upland of the Pond and behind several rows of substantial trees, would be automatic. The proposed fence would have absolutely no impact whatsoever on Wolf Pit Pond's ecosystem or upon the surrounding environment. It will not even be visible along the length of the Pond's bank. The Fitzgeralds are entitled to enjoy a simple right of privacy, free from having strangers wander onto their property on a regular basis and destroy that which they have worked so hard to create and preserve, and perhaps sue them if they should fall or be injured while trespassing. The Fitzgeralds could have legally installed a 7 foot high hedge along their property line that would have accomplished their goal of security without the need for any municipal approvals, yet they believed that the proposed open, country-style split rail fence was more in keeping with the bucolic setting of Wolf Pit Pond. We trust that the community feels the same way and that the Board will eventually exercise its legislated jurisdiction in an appropriate manner and approve the fence request- V91Ytruly your , 0.000 DiConza WAD/slm Albert J.Krupski, President ��$UFFO(,rc • Town Hall James King,Vice-President .ice a(/y 53095 Route 25 Henry Smith oP.O.Box 1179 Artie Foster as Z Southold,New York 11971-0959 Ken Poliwoda Telephone(631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TELEFAX COVER SHEET To: �F From: Date: �7i1 ja #Pages (inc. cover sheet) 6 • Albert J. Krupski, President gUFFO(,��� co Town Hall James King, Vice-President h`Z`� Gy 53095 Route 25 Artie Foster P.O. Box 1179 Ken Poliwoday Z Southold, New York 11971-0959 W Af Peggt•A. Dickerson y Telephone 1631) 765-1592 Fax 1631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Elizabeth A. Neville, Southold Town Clerk FROM: Southold Town Board of Trustees ' DATE: Mav 1, 2003 RE: Foil Request —Wolf Pit Lake, Mattituck Tim Kell �� f This letter is available for review in our office. Thank you Charlotte Cunningham 05/01/2003 09: 56 6312983 TIMES REVIEW PAGE 01 01/05 'o5 TIIU 09:51 PAZ 51 6146 SOMMOLO CLERK 2002 SUFF04 SLTZABMS A.NhTMLE Box ti Toam Bo95 Main Road 179 TOWN CLERK P.O.P. York Southold,New York 11971 Px=srRAR OF VITAL STATISTICS O Fax(516)7651823 M,ARRIA6$OFFICER. p! Telephone(516) 765-1600 RECORDS MANAGEMENT OFFICER ,( y� FREEDOM OF INFORMATION OPFICSR '! OFFICE OF THE TOWN CLERK TOWN OF SOXJTHOLD APPUGATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please Complete Section I of this form and give to Town Clark's ce agency Freedom of Information Officer) . One copy will be returned to you In response to your request, or as an interim response. SECTION 1. ] Lf� TO: a!1 rd / J ��5���•C Department or Officer, If known, that has the infiormation you are requesting.) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information.) Lam- 4e/ 4o a-4&—L sit 2�C6'' �1geif a ,� t4�L-7c- �, i�._ .e f /�� -{41-&C!�4 Signature of Appilcant: Prthted Name: Address: '61 Mailing Address (if different from above): C'"vfc��,yvC /J5?c a a Telephone Number:' - 3a-6 Date: �� /�O T-7 RECEIVED' [ 1 APPROVED ( 1 APPROVED WITH DELAY* [ ] DENIED* MAY I - 2003 n i Southold ToDw;�ark -Elrbath •A. Neville Freedom of Information Officer * if delayed or clamed see rewerse skis for explanation. I ��gUFFOI,I-cQ ELIZABETH A. NEVILLE h�O G'y� Town Hall, 63096 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS G n:f Southold, New York 11971 MARRIAGE OFFICER �. Fax(631) 766-6146 RECORDS MANAGEMENT OFFICER �Q! �a� Telephone (631) 766-1500 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer) . One copy will be returned to you in response to your request, or as an interim response. ---_______ SECTION I. TO: IC.pr—r D� TT 0-5�tL < .(Department or Officer, if known, that has the information you are requesting.) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information. ) i � t. c> � Z � T•tG e rP1 42 v Signature of Applican PrfAted Name: h�� �\, �� L \ Address: 0 7 l!� v�� AJC ��� f Mailing Address (if different from above) : Telephone Number: 711 � . I1 " 1 Date- Z2 d APPROVED [ I APPROVED WITH DELAY* I I DENIED* RECEIVED AmAy 2 1 2nn? Elizabeth A. Neville Date Freedom of Information Officer Southold Town Clerk * If delayed or denied see reverse side for explanation. • Albert J. Krupski, President g�FFOIk O� C� Town Hall James King, Vice-President = Gy� 53095 Route 25 Artie Foster O P.O. Box 1179 y Z Ken Poliwoda Southold, New York 11971-0959 Peggy A. Dickerson cif. Telephone(631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Greg Yakaboski Town Attorney FROM: Board of Trustees DATE: February 27, 2003 RE: SHAWN & JOLYNE FITZGERALD 495 PADDOCK WAY, MATTITUCK SCTM#107-4-2.1 Enclosed is our letter to you of 2/4/03 requesting you to review the Covenants and Restrictions for the above-captioned permit application. Please advise our Board in writing as to whether or not a fence can be permitted in the proposed location. Thank you for your assistance in this matter. 0 0 Albert J. Krupski, President O�� C� Town Hall James King,Vice-President I�� Gym 53095 Route 25 Artie Foster C2 .'� �pp P.O. Box 1179 Ken Poliwoda Z ppM Southold, New York 11971-0959 O .tc Peggy A. Dickerson .f. � 0\. Telephone (631) 765-1892 Fax 1631 j 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Greg Yakaboski Town Attornev FRONL Board of rustees DATE: February 4. 1.003 RE: SHAWN& JOLYNE FITZGERALD 495 PADDOCK WAY, NIATTITUCK SCTM#107-4-2.1 Enclosed is an application before our Board to install an open split-rail fence within 100' of Wolf Pit Lake. Please review the Covenants and Restrictions and advise us as to whether or not a fence can be permitted in the proposed location. Thank you for your assistance in this matter. a FEB - 4 2003 + „1 FPI-1M p I!i Ccnzd Ee.q FAX N4 : 1516624©866 Jan. 21 21:763 04:44FM PS William A. DiConza Counselor At Law 5 Audrey Avenue Oyster Bay, New York 11771 Telephone 516-624-0866 Facsimile 516.624-7135 January 21, 2003 Via Facsimile 631-765-1366 Board of Trustees Town of Southold 53095 Route 25 Southold, New York 11971 2 I- AGt73 Re: Application for Waiver(Fitzgerald) Dear Sirs: 1 am the attorney for the Fitzgeralds regarding their application for a waiver to construct a split rail fence, on their property, within 100 feet of Wolf Pit Pond. Unfortunately, we have been unable to secure the services of a surveyor to have the property"staked" in time for an inspection by the Board. We have also been in a dialogue with the Park District regarding a possible arrangement whereby a portion of the Fitzgerald property could be used for community sledding with indemnification provided by the Park District. As some members of the Board correctly appreciated, this is private property and the use thereof by the public not only constitutes a trespass and a violation of the law, it imposes a potentially large liability upon the Fitzgeralds. As 1 requested last week kindly adjourn the continuation of the hearing to the February date. By that time we will most assuredly have had the property staked and, perhaps, reached an arrangement with the Park District. Thank you. Zl';A yyours,tD& '- WAD/slm k Town Hall. 53095 Main Road Telephone � P.O. Boz 1179 (631) 765-18921 rage . Southold. New Yak 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Conservation Advisory Council held Thursday, December 12, 2002, the following recommendation was made: Moved by Melvyn Morris,-seconded by Drew Dillingham, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the Wavier Request of SHAWN & JOLYNE FITZGERALD to erect an open split-rail fence within 100' of Wolf Pit Lake. Located: 495 Paddock Way, Mattituck. SCTM#107-4-2.1 Vote o•— f—� Council: Ayes: All Motion Carried i-- _ • Deer Park Ri*ead East Hampton (� } 56 Brook Ave. Route 105 Route 27A Est. 1965 Nq . Cen`Vry`i. (631) 242-0220 (631) 727-0097 (631) 324-8880 Tennis Inc. Main Office P.O. Box 806 • Deer Pork. RY 11729 • (65 1) 492.0220 • fox (65 1) 242-0507 July 1, 2002 Board of Trustees Town of Southold 1 JUL _ 2 200'' 53095 Route 25 Southold, NY 11971 Gentlemen, Trustees Permit # 5484 RE: Bldg Permit 278792 495 Paddock Way, Mattituck Enclosed please find an "as built" survey re: the above permit. Also enclosed is the Building Permit for subject job. If you require further information please contact me at 1-800- 660-7529. Very truly yours, )chM ael Healion Century Tennis Inc. Albert J. Krupski, President , Town Hall James King, Vice-President �gpfFO[,�� 53095 Route 25 Artie Foster o G_ P.O. Box 1179 Ken Poliwoda Southold, New York 11971-0959 Peggy A. Dickerson Z Telephone (631) 765-1892 Oy �.tC Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 1, 2002 Century Tennis 56 Brook Avenue Deer Park, NY 11729 RE: Shawn Fitzgerald 495 Paddock Way Mattituck, NY SCTM#107-4-2.1 Gentlemen: The following action as taken by the Board of Town Trustees during a Regular Meeting, held on January 23, 2002, regarding the above matter. WHEREAS, Century Tennis on behalf of SHAWN FITZGERALD applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated December 11, 2001 WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on January 23, 2002 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 97-18 of the Southold Town Code. 0 2 0 WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT. RESOLVED, that the Board of Trustees approved the application of Shawn Fitzgerald for a Wetland Permit remove access ramp in wetlands and restore it to original state. BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency, which may also have an application pending for the same or similar project. Fee must be paid, if applicable and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified when project is started and on completion of said project. FEES: NONE Very truly yours, President. Board of Trustees AJK1cjc cc: Building Department DEC °k-9'@1 3A03'S,ryriLsre35 r � n'n�rem � • \ � �le , L a + 2 M; J J J� 4 qIJ (r [1I v a z � 'ae r% F F It SA w a R .0 c . g O �G eN q rwi + E p 4 FFO0% JOSHUA Y. HORTON GREGORY F. YAKABOSKI VD 400, Supervisor TOWN ATTORNEY greg.yakaboskiCaatown.southold.ny.us Town Hall, 53095 Route 25 M : P.O. Box 1179 Southold, New York 11971-0969 PATRICIA A. FINNEGAN O4 O`er ASSISTANT TOWN ATTORNEY �� `7•a Telephone(63 1) 765-1939 patricin.£inneganratown.soathold.ny.us Facsimile(631)765-1823 OFFICE OF THE TOWN ATTORNE D7Board �f TOWN OF SOUTHOLD ECE D To: Board of Trustees 2003From: Patricia A. Finnegan, Esq. Assistant Town Attorney TownTrustees Date: April 16, 2003 Re: Shawn &Joylene Fitzgerald —495 Paddock Way, Mattituck Please allow this to serve as a response to your memos of February 4, and February 27, 2003, requesting advice as to whether a fence can be permitted in the proposed location. It appears from the map provided that the fence proposed by the applicant lies within the Wetland and Natural Vegetation Retention Buffer Easement, and the Scenic and Natural Vegetation Retention Buffer Easement. The Declaration of Covenants and Restrictions which has been provided, and which is applicable in this matter, states at Paragraph 5, 'That the owners.... shall keep the said Wetland and Natural Vegetation Retention Buffer Easement and Scenic and Natural Vegetation Retention Buffer Easement open and free of buildings and other structures including any billboards or advertising signs, (the term "structure" and 'Building" shall be interpreted as including, but not limited to, swimming pools, patios, storage buildings, structures for housing of domestic animals, boat or other trailers, recreational vehicles, retaining walls and bulkheads)." The terms "structure" or "fence" are not defined in the Wetlands section of the Town Code; but in the Zoning section of the Town Code, the following definition appears: FENCE --A vertical enclosure, solid or partially open, to prevent straying from within or intrusion from without or intended to be used as a visual screen. A "fence" is considered a structure for the purposes of this chapter. Further, In the Southold Town Code at Chapter 25, AGRICULTURAL LANDS PRESERVATION, Section 25-30 Definitions., the following definition appears: STRUCTURE -- Anything constructed or erected in, on or under the ground or attached to anything having a location, on or under the ground, including fences. -over- Although a fence is not specifically stated as prohibited in the Declaration, the Declaration states, at Paragraph 6, "That the natural vegetation and resources of said easements in its condition shall remain undisturbed, and in its natural state..". It is my opinion that a fence is prohibited, as it is a structure. Further, as set forth in Paragraph 6, the reason for the prohibition of buildings and structures in the easement is to preserve the natural vegetation and resources, which is certainly not achieved with the installation of a fence in the easement. Additionally, I reviewed the information provided with Valerie Scopaz and Benny Orlowski, as the restrictions were created in accordance with the Planning Board's instructions, and they are in agreement with the above interpretation. If you have any questions or comments regarding this matter, please contact me. Pat PAF/md cc: Town Board i t i r - r 4 ,lrwq . loom Nk 'N'r M�At .O- F `;, ,. oolw Y .a. i r - ' �1Fi ,Jul 01 03 04: 49p P. 1 Esseks, Hefter & Angel Counselors At Law IDS East Main Street P.O. Box 279 RiveMead, N.Y. 11901-0279 (631)369-1700 Telecopier number(631)369-2065 DATE: July 1. 2003 TO: E. Brownell Johnston, Esq. COMPANY: Richmond Creek Farm FAX NO: 734-5891 PHONE NO: FROM: Stephen R- Angel PAGES: 13 (INCLUDING COVER PAGE) RE: Recorded Declarations COMMENTS: Here are the declarations you requested. We obtained these directly Froin the County Clerk. CONFIDENTIALITY NOTICE The documents accompanying this tele-copy transmission contain information which is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named on this transmission sheet. If you are not the intended recipient,you are hereby notified that any disclosure,copying,distribution,or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited,and that the documents should be returned to this firm immediately. In this regard,it you have received this telecopy in error,please testify us by telephone immodiately- nwrc crvr, r.n�r crux. .urrr n. c. 07-01 -03 16: 27 RECEIVED FROM: P. 01 ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 106 EAST MAIN STREET P. O. Box 279 RIVERHEAD, N.Y. 11901-0279 WILLIAM W. ESSEKS 16311 369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R.ANGEL TELECOP.ER NUMBER(630 359-2065 P. O. Box 570 JANE ANN R. NRATZ WATER MILL, N.Y. 11976 JOHN M. WAGNER 1631) 726-6633 WILLIAM POWER MALONEY CARMELA M. DI TALIA ANTHONY C. PASCA NICA B. STRUNK June 9, 2003 p � I11M � Board of Trustees JUN 102W 3 Town of Southold Town Hall Southold Two Board of Trustees Southold, New York 11971 Re: Fitzgerald Application - Wolf Pit Lake Dear President Krupski and Trustees: We have been retained by Christopher Kelly, who owns property to the southwest of the property involved in the above-captioned application. We have been asked by Mr. Kelly to advise you of our opinion regarding the propriety of either installing a fence or planting a hedge within that portion of the Fitzgerald property included in the "Wetland and Natural Vegetation Retention Buffer" created in the "Declaration of Covenants, Easements, Restrictions and Dedication of Wolf Pit Associates (Declarant) of Wolf Pit Pond Estates at Mattituck," recorded in the Suffolk County Clerk's office in Liber 11061 of conveyances at page 380 ("covenants"). I understand that Shawn and Jolyne Fitzgerald have made application to your Board to construct a fence along the border between their parcel and the parcel owned by the Mattituck Park District on which Wolf Pit Lake is located. In addition, the Fitzgeralds are seeking to construct a hedge along the border between their parcel and our client's. It appears from a reading of the covenants and the Fitzgeralds' survey, that both the proposed fence and hedge are located wholly in an area burdened by a nondisturbance and natural state conservation/scenic easement contained in the covenants. Because of this and for ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW June 9, 2003 Page 2 of 6 other reasons, the application should be denied. A summary of some of the reasons for denial are as follows: 1. THE BOARD SHOULD NOT ENTERTAIN AN APPLICATION TO CONSTRUCT A FENCE AND PLANT A HEDGE WHERE BOTH ACTIONS WOULD VIOLATE DEEDED COVENANTS THAT WERE CONDITIONS OF THE ORIGINAL SUBDIVISION APPROVAL. The Fitzgeralds have suggested that the sceniciconservation easement that burdens their property is irrelevant to this Board because either (a) the Board has no power to enforce a "private" easement or (b) the proposed fence and hedge are not prohibited by the easement. As a matter of law, the Fitzgeralds are wrong on both counts. With respect to the argument that the Board has no power to enforce a private easement, the scenic/conservation easement in this case is not merely a private agreement. The scenic/conservation easement is part of a Declaration of Covenants that was recorded by the subdivider, in consideration for the subdivision approval granted by the Planning Board. The covenants were offered by the subdivider to induce the Planning Board's subdivision approval. The scenic/conservation easement area is shown on the subdivision map. The covenants were conditions of the subdivision approval. One covenant requires a redress of any disturbancg of the easement areas within 60 days of a report to the Planning Board or the Bay Constable. (See Declarations, p. 6, 1/8). Consequently, this Board cannot approve an action that would conflict with the Planning Board's lawful exercise of its jurisdiction. In other words, the Fitzgeralds are applying to the wrong board in seeking permission to install the fence -- they first need the Planning Board to modify its subdivision approval, before this Board could consider the impacts on the wetlands. With respect to the applicant's claim that the proposed fence and hedge are not prohibited by the terms of the covenant, we agree with the April 16, 2003 opinion expressed by Patricia A. Finnegan, Esq., Assistant Town Attorney, to this Board and we believe that her opinion is equally applicable to the hedge as it is to the fence. Ms. Finnegan opined that, from a legal standpoint, the fence is a prohibited structure within the easement area. Specifically, she states that: "Although a fence is not specifically stated as prohibited in the Declaration, the Declaration states, at Paragraph 6, 'That the natural vegetation and resources of said easements in its condition shall remain Undisturbed, and in ESSEKS, HEFTER S, ANGEL COUNSELORS AT LAW June 9, 2003 Page 3 of 6 its natural state."' The same rationale applies to the hedge, which is certainly a disturbance to the natural state. In addition to Ms. Finnegan's opinion, the Board should also consider that the easement at issue is not only a conservation easement, but is also a scenic easement. In this regard, the Declaration provides as follows: WHEREAS, portions of said real property constitute areas of natural wetlands and scenic vegetation and these areas of scenic beauty, openness and natural conditions, on said real property, if retained, would enhance the present and potential value of abutting and surrounding properties and would enhance the conservation of the wetlands and natural scenic vegetation and resources, and WHEREAS, it is the intention of the owners to create and preserve wetlands and scenic easements in those portions of the hereinabove described property as shown on a final subdivision map..., and ... WHEREAS, it is the intention of the owners that the wetland and scenic easements together with its natural vegetation and resources shall remain undisturbed and in its natural state.... NOW THEREFORE,... the Declarant hereby declares that the property described above shall be held, sold, and conveyed, subject to the following easemerus, restrictions, reservations, covenants and conditions... 5. That the said owners, their successors, grantees or assigns shall keep the said Wetland and Natural Vegetation Retention Buffer Easement and Scenic and Natural Vegetation Retention Buffer Easement open and free of buildings and other structures... 6. That the natural vegetation and resources gf'said easements in its conditions shall remain undisturbed, and in its natural state... 8. That any disturbance to the land within the designated easement areas shall be redressed by the restoration of said land to its prior natural state, within sixty (60) days of the disturbance or of the date of the disturbance is reported to either the Planning Board or the Bay Constable. (Emphasis added). ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW June 9, 2003 Page 4 of 6 These provisions leave no room to argue that the applicants have any right, much less an entitlement, to disturb the scenic/conservation easement area with either a fence or a hedge. The fence is a structure, and the hedge would be non-natural vegetation. Both would substantially diminish the "scenic beauty, openness and natural conditions" that the subdivider agreed to preserve through the Declaration. This Board should not entertain any application that calls for activities expressly prohibited by conditions of subdivision approval. 2. IN ADDITION TO THE COVENANT, THE APPLICATION IS INCONSISTENT WTI'H THE WETLANDS CODE. The Town's policy, reflected in the Wetlands Code, is to preserve wetlands in their natural state and preserve the Town natural resources, scenic vistas, and open space. In this regard, I refer the Board to the following sections of the Code of the Town of Southold: OPEN SPACE PRESERVATION CODE, § 59-20. Findings. The Town Board of the Town of Southold finds that the acquisition of open space or open area in lands located in the Town of Southold, if preserved and maintained in their present open state, is in the public interest and a proper purpose of the town.... WETLANDS CODE, § 97-11. Declaration of Policy. A. The Town Board of the Town of Southold finds that ... wetlands... if preserved and maintained in an undisturbed and natural condition, constitute important physical, social, aesthetic, recreational and economic assets to existing and future residents of the Town of Southold B. It is the intention of this chapter to protect the citizens of the Town of Southold by providing for the protection, preservation, proper maintenance and use of its wetlands in order to... protect the quality of wetlands, tidal waters, marshes, shore lines, beaches and natural drainage systems for their conservation, economic, aesthetic, recreational and other public uses and values... (Emphasis added). ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW June 9, 2003 Page 5 of 6 Wolf Pit Lake is certainly one of the Town's valuable open-space resources. It is also one of the more visible resources, located only feet from Wickham Avenue. The easement area that the Fitzgeralds are proposing to alter is a well-planned buffer area between the Fitzgeralds' home and Wolf Pit Lake (and its associated wetlands). The Fitzgeralds propose to install a fence and hedge right in the middle of the scenic vistas. In addition to the vistas, the fence and hedge do not further the goals of preserving the wetlands in their natural state. Considering that these issues were confronted by the original Subdivider and resolved by agreement between the Subdivider and Planning Board, this Board should not condone the Fitzgeralds' attempt to discard the protections afforded by the Planning Board and original subdivider. 3. APPLICANTS' CLAIM OF RIGHT TO EXCLUDE DOES NTO GIVE THEM THE RIGHT TO HARM WETLANDS, DESTROY VISTAS, AND UNILATERALLY REWRITE CAREFULLY- NEGOTIATED COVENANTS The Fitzgeralds sole excuse for their proposal is that they wish to "exclude" others from the scenic/conservation easement area. While we do not take issue with their desire or right to exclude others, their chosen method of exclusion is inappropriate for these scenic wetlands. A right to exclude others from trespassing on the easement area does not equate to a right to exclude others from enjoying the scenic vistas of the easement area. On the contrary, that is precisely the point of having a scenic easement. Fences and hedges are not appropriate for such scenic wetlands. If the Fitzgeralds are permitted to do so, then all owners of wetlands properties should be entitled to fence and hedge-off their wetlands so that others cannot enjoy their aesthetic qualities. Such is not the law of New York or the Town of Southold. ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW June 9, 2003 Page 6 of 6 4. APPLICANTS' CLAIM OF RIGHT TO PLANT A SEVEN- FOOT HEDGE IS INCORRECT. I also understand that the applicants' attorney has written an open letter proclaiming that the "Fitzgeralds could have legally installed a seven-foot-high hedge along their property line that would have accomplished their goal of security without the need for any municipal approvals." (Letter to Editor, Suffolk Times, May 29, 2003, p. 10). I respectfully disagree. For the reasons discussed above, the covenanted easements at issue in this case are scenic easements, which require the protected area to remain in its natural, undisturbed state. It is disingenuous at best for the Fitzgeralds to argue that they need no permission to construct a 7-foot hedge within the scenic/conservation easement area. They would require the approval of the Town Planning Board -- to modify the subdivision conditions and easement area -- as well as the permission of all landowners benefited by the covenant. CONCLUSION On behalf of Mr. Kelly, I respectfully urge the Board to deny the Fitzgeralds' application. y YOUrs h teph R. Angel cc.: Christopher Kelly Jul 01 03 04: 49P P. 2 *9 OECLARAT'WH OF COY6MANTS, EASEMENTS. RESTRICTIONS AND ORDICATtba OF WOLF Ft* Aiii1$OtIATES (DECLARANT) 3F WOLF PIT ? POND CSIA"lB T g TTt'JjK ' 3 THIS DRCLARA'1`TON made on the date hecainaft*c set forth by WOLF PIT ASSOClAT98, heeeinaftec rafecred to as °Dactarane". C/o SALAND REAL EdIrA7'Is. lain anso, Jamasport, N.Y. 11947, 41 I TNE $ S ET N �.e WHEREAS, Wolf Pit Associates, c/o Saland Real Estate. +! Main Road, Jamesport, N.Y_ 1194.1, is the owner of certain pro- Verity situated in Dtetcict 1000, Section 107. Black 4, P/0 Got 2. i, which property is aittlate At Nattituck, in the Town of Southold, County of Suffolk, State of Maw York, and whicn is shown on a final subdivision map prepared for Wolf Pit Associates by Yom.°g i Young,£dated May 29, 198E and eevised date of Decem¢ar 1, 1989, end particularly de@ettb@d oa sald map as Wolf Pit Pane IStateo, { IMt Nactituck, Town of Soachold, Sudtolk County, Schedule A annexed ; hereto. i WHIRSIIR, poctions of said real property constitute arses 4.f irssscel wetlaada and scenic vagatmtiOA 400 these area@ of acAn,c ^y buuty, iOeae>rt and n"a"i condltions, on said cast property. it retained, the Present and potential valve of abuttiay and succoundinp peopectlas and wonid wnhanee the con- .- 1 servation of the watlands and "LUrai scenic vagat*tinn and r,+rml and a1ftR6AE.: it Is the i ' ilaalSaa of the own*** to areata. and r r ' r koaerrm retTanAs # l tboae PoR# a�4a of bias rt -Yrs• '- 07-01 -03 16: 27 RECEIVED FROM: P- 02 Jul 01 03 04 : 49p p. 3 IN !' `.a kocot* Moen diMatOOO tlailPMtt as ch"in"es sm a "Am" e,IMO'*i0k4eft sop amtitiad 'ysii Pit ?roi fttiF6es' at a iaich. lWrw of yp rgeFd. Ssttalit C,ommer. dstsi fte M®. 1!0 amt Moiswo 4"* at '1 ' Pacarrhhr 1, 14e9, #tQS6CrA by 20WAS S paining. and 0014 dsmiyastede arMaa aeo drartriLad otr se3d map as 'IisR"O44 Aad KOR+real VO"M&tio,e #!CN►Ci.00 fetter• acrd 'solAia O"' e"ore1 V*W.etier bOteet.ida 8utfeC'3 and - lleteta3. flat prgpwtLp a!arafe dos.-t abea rf t.l 6Nr eoaroy�a . by Declarant together Kit* reed subject to eartain protective coteaknts, comdltio", restrietioea. Hsertations, item sad .a charges hereinafter sat lacth, card HHMUS. it is CDN intention of thr owners that the amtland and scenic rasaaents tQg0thsr with its netnral vegetation and resouecrn shall remain undieturbed and in Its natural state, 4 and the sane =hall not be dedicated to any municipality having e -,i Yuri-indiction thereof and that the said ouners, their suiocesaocs, ? :c araoteea and assigns. reserve the right for the exclusive use of ' those ere" iasafar as such use is not inconsistent with the � :i curomemts. "Assents, end leetrl:Ctlals set forth h+ce.ia and the Seance' Public or our Person foc t4e use of tho said wetlaad and Steak rrsoments, and i KaftEas, tee declareat has mads application to the ;. p4400l109 ioacd of the rnrla of 8aethold, Lot final Irproval of the "o"r+ie final sob"vislap 'aslov "a t • 67-01 -03 16: 28 RECEIVED FROM: P793 Jul 01 03 04: 50P p. 4 liF PT ""I'M .7�I'M WORMS, :for a6a -in cosAiAarotion of the. gram It.to lot Said approval the planpift Nos" of the Town of Southold Mo dew"d it to be the beat intarastm of the Town of Southold and -c and pros#"ttve mn*c* of said subdivision Oat thoet the mm4 be a dedication to "o Town of Southold of land outside a thirty- cIv* d"coo turning radius At the intersection of -Mill Laa* &ad Mill Road a* AbOVA �ov tke sold final map of Wolf Pit Po4d Zataicem -at Mattituck, Town 61- $00thold', Suffolk County# dated .fty 20, lose and revised on ftqs�r. I, 1080� by Wung & Young, And ri* rown of Southold shall accept, subject to the Long Island tighting C4A"rty maxwownt; vbiirh ealsts thereat. W118AUS-4 Mir t4d in consideration of the oftnting of Lto approval, the Planning Board of the Town of Southold has de*med it to be In the best inzopost Qt the Town of Souvholdt the owner, and pcoape�tiy* own0ra �$X said oubdivision that there be front yard motb"ks tor the, vsridus lots along Mill Posdj and NRB*ZAS# fpr an$ in 0"8166ration of tho scanti4mg Of it& fme*vol' the PIAPAiC4 Board arf the To" of SOU0010 has d""d it to ba t* the best Interest of the town of SouthoLdp the owner# and lWasipeetivia owners of Uka 16. It, 12 and 13 6 ,ios& property are mo situac;ad an a cul de see as *Wma on said map and known a*, uc.be dealy"ted to, oftddock way* on WAL4 final Plat, that such nos of said rood/eIght of. war bh*IL bt costrictad at the us* &ad Pe'"90-of th* owemo af f6es .40ou "Ptod 10, 11, 12 b"'.13; and 00 _90 061mx. Aad 103 W. A. or 14"Ahmal 9. vion ber ace 00*11641rba ilia I -3- RECEIVED FROM: P. 04 P. S jut 01 03 04: 51p Lane only: and EWHEREAS, maid road/right of way/oa*ement as shown and/or to be aealgnat&d as 'Paddock Way" has boon created to brnafit and shall be used exclusively by the maid owners of Lots 10. Il. 12 and 13 that they *hall &hate equally in* responsiblity and cost in the rainteaallci, repair, including but limiting thereto, anov r*a.o .l of *..a .UL..l road/right of way/easement. NOW, Set REFORS, in consideration of Ten ($10.00) Dollars and ornor good and valuably consideration, the receipt and auf- fic.*rxy of which is hereby acnkowledged, the Declarant hereby declarea that the property described above shall be held, sold, and conveyed. Subject to the following easements, restrictions, reawrvatxon&, covenants and conditions, all of Which are for the purpose of enhat.c-ung ane protecting the value, desirability and attractiveness of the real property. Theme easements, reservations, i covenants, restrictions and condition* hall tun with the teal r property and shell be binding on all parties having or a..qulring a right, title or interest in the property or any part thereof and shall inure •o the benefit of each such party. 1. That theear shall bo no further subdivision in pae- petuity of any of the lot• within the subdivision as Submitted and filed and described as Wolf Pit Pond Etat*a at Mattituck, Town or Southold, Suffolk county. 2. That all successors, grenteea and aaaigna of the parcel*/lots within the subdivision herein filed acs hereby advised that this subdivision lies within one mile of the Mattituck Airport. Two of Southold. J. That the land h*ceinbefora referred to as ifetland and Matucal Vegetation Retention Butler and S.,anta and Natuaal Veg&tdtlon Ret&ntl�n Huffer, and am such easements ace shown, 07-01 -03 16 : 30 RECEIVED FROM: p - 05 p. 6 Jul 01 03 04: 52p R described and oasignated on the map entitled "Wolf Pit Pond F %states" at Mattituck. Town of Southold, Suffaik County, dated May 20, 1988 and cevised data of Dece,eher 1, 1989, prepared by Young i Young, and as is intended to be filed simultaneously with ,+ tnis declaration in Cha Office of the County Clerk of Suffolk 1 ounty and with the Town of Southold Planning Board, and the Bar* jis hereby executed and declared a Wetland and Natural Vegetation 4� Ratention Buffer Easement and Scenic and Natural Vagutstion f Retention Buffer %agement_ , I f4. That the torn& and conditions as set forth herein apply to all land lying within the said wetland and natural vag- i Cation easement and scenic and natural vegetation easement, as areas are shown' on the hereinabove mentioned map. �. That the raid owners, tneir successors, grantees or asaigna shall keep Che said Net.land and Natural vegetation Retention Buffer Easement and Scenic and Natural Vegetation Retention Buffer Easement open and free of buildings and other structures including any billboard& or advertising signs (the term "3tcueture" and 'Building' shall be interpreted as including, but not limited to, swimming pools, patios, storage buildings, structures for housing of domestic Animals, boat or other trallers, recreational vehicles, retaining wall■ and bulkhead#). 6. That Cite natural vegetation and resources of said saasmeots in its eoaditions gull Came in Undisturbed, end in its ne""l state, sed to tbie end 0 top mall, sand, gravel, rock or mimecals, ahali be excavated nor removed thersfrom, no grading wall fee aoaducted oa the said d"ignsted Areas and eo plantinq of fill +bell be placed upon the said dv&tgnated areas which -5- P. 06 07-01 -03 16: 31 RECEIVED FROM: p. 7 Jut O1 D3 D4: 52p -fin Mould contribute to the erosion of the land, and no tress an the said designated areas shall be cut or removed .,nd no other plants t or vegetation in said designated area shall be destroyed or ceewved. 7. That there shall he no prohibition on the owners, I their successors, grantees or assigns, who may seek to traverse fustd deaig"ted easement areas as the came stay be traversed by a f i wdlkwdy, whether elevated or on the ground, provided proper wetland permits be obtained from the applicable agencies, i including the Board of Trustees of the Town of Southold and the New York state Department of Environmental Conservation. S. That any disturhance to the land within the designated easement areas shall be redressed by the restoration of said land to its prior natural atate, within sixty 160) days of the disturbance or of the date of the disturbance is reported to either the Planning Board or the Bay Constable. 9. That the said owners, their arccessors, grantees or esaigna reserve the right for the exclusive use of those areas within the confines of the lots affected by this Declaration insofar as the use " not inconsistent with the purposes of this covenant as set forth and the said owners, scccessors, grantees and asaigaa may exclude the general public or any person or persons [row the use of that portioa so designated on their premises, accept i tbat the Torn of Southold shall have the right to enter the easement ace astf seers it exists ow Lots 1. 2, 3 end 4 for the purpose of mniat k*AL" tate 00M 006 w91Wt41t144 aO ee to proride Eor the ongoing Irta"4owia9 at the mesa fee staca water draias" a04 retestiow P- 07 RECEIVED FROM: 07-01 -03 16:31 P. Jul of 03 04: 5310 10" That in consideration of the Town of Southold's ap;xoval of the final subdivision sap as herein stated and its o -ceptance of that portion of the lands outside of a thirty-five degree turning radius at the intersection of Mill Lane and Mill Road as shown on the final map of Wolf Pit Pond estates at Mattituck. Tovn of Southold. Suffolk County subject to the easement of the Long laland Lighting company c.hereat the declarant dedicates that portion of the land to comply with the required thirty-five degree turning radius at the intersection of Mill Lase and Mill Road of the Town of Southold Planning Board. 11 . That the following front yard setbacks shall he complied with by the owner, prospective owners. their successors, grantees and assigns as to the following lots along Mill Road, ds shown, described and designated on the sap entitled 'Wolf Pit Pond states" at Mattituck, town of Southold, Suffolk County, dated May 20. 1988 and the revised date of D*caeb&c 1, 1989, prepared by Young i Young; Lots 2 and 3 shall 1 ve a one hundf-) (100) foot front yard setback; Lots :, 4; 5, 6, 7, 8 and 9 shall have a one hundred fifty (150) foot front yard setback. 12. That in consideration of the Town of Southold Town Planning Board eppcoval, the owner and prospective owners, their successors, grant Na and assigns of Lots 10, 11, 12 and 13 as shown, described and designated on the wap entitled -Wolf pit Pond rotates- at Mwttituck, Town of Southold Suffolk County. dated May 20, 1988, r and the revised dere of D*cemo*r 1, 1989, prepared by Young a Ynung, sad &aid road/right of way/*&&*seat designated 'Paddock May' 7- CEIVED FROM 07-01 -03 16 : 32 RE10 ' 88 p. 9 Jul 01 03 04: 53p on said final plat shell be for the use and benefit exclusively for the Owners of amid LOLA 10, 11, 12 and 1.5: FURTHER, that access by the owner, prospective owner. its successors, grantees or assigns, or Lot 9 to said road/ right of wey/easeMnt designated 'Paddock May- is prohibited. Accessibility to Lot 9 shall be (roe Mill Lane only. :3. That the owners, prospective owners, succeasors, grantees and assigns, of Lots 10, 11 , 12 and 13, shall have an unobstructed easement of said road/right of wavisaaement for pwcpoees of ingress and egress to their respective lot. 14. Further, that said exclusive owners, prospective owners, sucressors, grantees and assigns, of ILots 10, il, 12 and 13, shalt be ceaponsible and make payment of all maintenance and cej.airs• including but not limited to the removal and clearance of snow. each of sald owners so benefited shall share equally the cost and •■pens* and contribute equal amounts as required. 15. That these declarations and dedication shall run with rhe land and shall be binding upon and incre to the benefit of the owners of the respective parcels, their grantees, asaigna, and all persons hereinaft►r owning or occupyiny the premises affected by the same. 16. That these declarations and dedication may be enforced by proceedings at law or in equity, and that the invalidation of one vc more of the provisions herein shall in no way invalidate the cs"Wag pcovisioms herein. -8- 16:32 RECEIVED FROM: p. 10 Jul 01 03g 04: S3p p iion IN MITHK" M88RR01P, the parties have affixed tneic hand and awl hecety, Chia day of . 1990. Nal iADW B B -8' P. 19 07-01 -03 16: 32 RECEIVED FROM: P. ,7ui 01 03 04: 53p All x't'a: Cer;.jji ,lot. piece or parcel of lana, si:Lete, lyir.T bnJ De:n3 it Nattituck. Town of Southold. County of Suffolk and State of New York. bounded and described as follows: BESINNING at a monument on the -northerly line of the 'Old Road' 291.89 feet westerly along said northerly line from Hill Lane. said point of beginning being the southwesterly corner of land of Brockbank: from said point of beginning running along sold northerly line and along the I northwesterly and then tie westerly line of said 001d Road' four courses.- 11 ourses=1) South 3S degrees 54 minutes 38 seconds West 66.85 feet; thence 2) South 9 degrees 6 minutes 18 seconds West 120. 34 feet to a monument; I ' thence 3) South 6 degrees 29 minutes 12 seconds East 78.51 feet to a monument thence 4) So--!h 10 degrees 23 minutes S2 seconds East 1SB.OS feet to ! A-4 or formerly to Hattituck Park District; thepce along sold land. three courses: 1) South 78 degrees 6 minutes a8 seconds West 24.26 feet; thence 2) South 42 degrees 59 minutes 38 seconds West 732. 17 feet; 3) thence South 39 degrees 37 minutes 22 seconds East 128.46 feet to the Westerly side of Wickham Avenue (Riddle road-CF 27); TNEKCt along said Westerly line. South 52 degrees 6 minutes 54 secone; t West 20.01 feet; to land now or formerly of Frances / . Tuthtti - THENCE:along other land now or formerly of Frances A. Tuthill, Ralph W. Tethill.sr. . Ralph Tutnill.jr., Frances Tuthill, Dean F. Tuthill . and Lois T. Harr. . thttfoil@win# two coarses: 1) North 39 degrees 37 alwats 22 seconds Wast 117.76 feet; thence 2) earth 63 degrees i milixtes ig Woeds West 298.19 feet to aroinary kith rater lark of long Croak, TN#NCE lwruegiy millis tie follarial tilt tit lines follawleg the approximate Sign Teter merit of long Creek; 11 North 16 degrees 45 minutes 36 secoods East 90.b0 feet: end 1 port~ 16 degrees 33 micates Si sr:co:s West 13:.89 feet: P. 11 07-BI -03 16:33 RECEIVED FROM: I P. l Ju 1 01 03 04: E54p *} artn 3 aegre 22 secands East 162.19 feet; 41 North 53 degrees 04 minutes 13 seconds West 51.23 feet; S) Norat Z3 degrees 04 minutes 1S s+conds Most 115.25 feet; 61 North St degrees 56 minutes 51 seconds East 67.05 feet to a point; THENCE along said land nor or formerly of Grace- L. Schantz the following fire (S) courses and distaeces: 11 North 62 degrees 03 minutes 19 seconds East 489.40 feet to a monument ; 2) North 31 degrees Z4 minutes 41 seconds Most 849s39 feet to a monument ; 1) North 32 degrees 30 minutes St seconds West 209.52 feet:to a monument . 4) North 28 degrees 47 minutes 12 seconds West 220.92 feet to a monument ; 5) North 3e degraes 31 minutes 51 seconds west 987.98 foot to a monument OR the southerly line of Mill ltoedt THENCF along said southerly line the following two courses and distanceat I) atorth 71 degrees 19 minutes 49 seconds Last 475.19 feat to a point; 2) North 67 degrees e5 minutes 09 ssconds last 3231.41 feet to the intersection forted by the southerly side of 'Mill Road' and the westerly side of 'Mill Lane'r ?hence along acid westerly lire the following two courses and distanceas 1) south 32 degrees 34" minutes 52 seconds East 1159.69 feet: 2) Songs 32 degrees 26 minutes 2 seconds fast INP7.63 feet to a monus+ent and land now or formerly of Tonniagr Thence along sa-d land of Fanning and laved . a+ or formerly of trackbank south 57 degrees 25 minutes 16 secasds Vast 291.82 feet to a monument; thence Souith S7 degrees 2S sainut s IS seoonds West 265.67 fest to s points thence swath 72 degrees 34 miswtes 42 seconds test i5e.96 feet to a polott thaace worth 57 dogreea 25 minutes I0 seconds test 2".67 feet to a poirrtr thence south 32 degrees 34 minutes 42 seconds seat 152.17 feet to a monument at the point or p:a:a r: FROM: B7-A1 -R3 16 :33 RFOFIVED P. 13 Jul OL 03 04: 54P affirm STATE OF NEN YORK 1 COUNTY OF SUPPOLK sa. : on this 3"4d4y of N'r7 ', 1990as , before e personally came DAVID SALAND, to Ne known end known to me to be the indivi- dual described and is a Wanaging general partner of Wolf Pit Associates, and authorised to execute the foregoing inestrnment, and he duly acknowledged to Me that he executed the Baste. i' (Tell 4C14 40 .11 A 'WDT hRY L C� WAIV ,Cal 004 %a 462MIL Tann E+v+N rssrMr7q.IgU STATE OF NEN YORK ) COUNTY OF SUFFOLK ! ss.: on thifi,�'Iday of 1` �y , 1990, before Tae personally cam.- LUIS S%R ANDRES, to me knn and known to we to be the indi- vidual described and is a Managing general partner of Ioolf Pit Associates, and Authorized to execute the foregoing instrument, and he duly acknowledged to me that he executed the Saeed. I• NOTARY PUBLIC no VAN nail 41q 'Mir o°yxar;;f'y�t f � 87-01-03 16 33 RECEIVED FROM: DECLARATION OF COVENANTS, EASEMENTS, RESTRICTIONS AND DEDICATION OF WOLF PIT ASSOCIATES (DECLARANT) OF WOLF PIT POND ESTATES AT MATTITUCK THIS DECLARATION made on the date hereinafter set forth by WOLF PIT ASSOCIATES, hereinafter referred to as "Declarant ", c/o SALAND REAL ESTATE, Main Road, Jamesport, N. Y. 11947, nFr 6 W I T N E S S E T H iQQ> WHEREAS, Wolf Pit Associates, c/o Saland Real Estate, '0 70C Main Road, Jamesport, N. Y. 11947, is the owner of certain pro- ) 400 perty situated in District 1000, Section 107, Block 4, P/O Lot 2. 1, D� which property is situate at Mattituck, in the Town of Southold, County of Suffolk, State of New York, and which is shown on a final subdivision map prepared for Wolf Pit Associates by Young & Yr `� wig# Young„• dated May 20, 1988 and revised date of December 1, 1989, + and particularly described on said map as Wolf Pit Pond Estates, ,y n4 t99(ot Mattituck, Town of Southold, Suffolk County, Schedule A annexed hereto. / WHEREAS, portions of said real property constitute areas of natural wetlands and scenic vegetation and these areas of scenic beauty, openness and natural conditions, on said real property, if cetained, would enhance the present and potential value of abutting and surrounding properties and would enhance the con- servation of the wetlands and natural scenic vegetation and 'J resources, and WHEREAS, it is the intention of the owners to create and preserve wetlands and scenic easements in those portions of the NAY T t DA `/10o hereinabove described property as shown on a final subdivision map entitled "Wolf Pit Pond Estates" at Mattituck, Town of Southold, Suffolk County, dated May 20, 1988 and revised date of December 1, 1989, prepared by Young 6 Young, and said designated areas are described on said map as "Wetland and Natural Vegetation Retention Buffer" and "Scenic and Natural Vegetation Retention Buffer" ; and WHEREAS, the property herein described will be conveyed by Declarant together with and subject to certain protective covenants, conditions, restrictions, reservations, liens and charges hereinafter set forth, and WHEREAS, it is the intention of the owners that the wetland and scenic easements together with its natural vegetation and resources shall remain undisturbed and in its natural state, and the same shall not be dedicated to any municipality having jurisdiction thereof and that the said owners, their successors, grantees and assigns, reserve the right for the exclusive use of I, those areas insofar as such use is not inconsistent with the covenants, easements, and cestrictions set forth herein and the general public or any person for the use of the said wetland and scenic easements, and WHEREAS, the declarant has made application to the Planning Board of the Town of Southold, for final approval of the aforesaid final subdivision map, and -2- WHEREAS, for and in consideration of the granting of said approval the Planning Board of the Town of Southold has deemed it to be the best interests of the Town of Southold and the owner and prospective owners of said subdivision that there be a dedication to the Town of Southold of land outside a thirty- five degree turning radius at the intersection of Mill Lane and Mill Road as shown on the said final map of Wolf Pit Pond Estates at Mattituck, Town of Southold, Suffolk County, dated May 20, 1988. and revised on December 1, 1989, by Young 6 Young, and the Town of Southold shall accept, subject to the Long Island Lighting 'Company easement which exists thereat . WHEREAS, for and in consideration of the granting of its approval, the Planning Board of the Town of Southold has deemed it to be in the best interest of the Town of Southold, the owner, and prospective owners of said subdivision that there be front yard setbacks for the various lots along Mill Road ; and WHEREAS, for and in consideration of the granting of its approval, the Planning Board of the Town of Southold has deemed it to be in the best interest of the Town of Southold, the owner, and prospective owners of Lots 10, 11, 12 and 13 whose property are so situated on a cul de sac as shown on said map and known as, or be designated as, "Paddock Way" on said final plat, that such use of said road/right of way shall be restricted for the use and benefit of the owners of lots designated 10, 11 , 12 and 13 ; and FURTHER, that access by the owner and prosepctive owner of Lot 9 to said road/right of way as shown or to be designated f , "Pad do .k.-Ly'Lls prohibited. Lot 9 shall be( accessible from Mill -3_ I �A r l Qa1Fbuci Lane only; and WHEREAS, said road/right of way/easement as shown and/or to be designated as "Paddock Way" has been created to benefit and shall be used exclusively by the said owners of Lots 10, 11, 12 and 13 that they shall share equally the responsiblity and cost in the maintenance, repair, including but limiting thereto, snow removal of said mutual road/right of way/easement . NOW, THEREFORE, in consideration of Ten ( $10. 00) Dollars and other good and valuable consideration, the receipt and suf- ficiency of which is hereby acnkowledged, the Declarant hereby declares that the property described above shall be held, sold, and conveyed, subject to the following easements, restrictions, reservations, covenants and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the real property. These easements, reservations, covenants, restrictions and conditions shall run with the real property and shall be binding on all parties having or acquiring a right, title or interest in the property or any part thereof and shall inure to the benefit of each such party. 1 . That there shall be no further subdivision in per- petuity of any of the lots within the subdivision as submitted and filed and described as Wolf Pit Pond Estates at Mattituck, ' Town of Southold, Suffolk County. 2 . That all successors, grantees and assigns of the parcels/lots within the subdivision herein filed are hereby advised that this subdivision lies within one mile of the Mattituck Airport, Town of Southold. 3. That the land hereinbefore referred to as Wetland and Natural Vegetation Retention Buffer and Scenic and Natural Vegetation Retention Buffer, and as such easements are shown, described and designated on the map entitled "Wolf Pit Pond Estates" at Mattituck, Town of Southold, Suffolk County, dated May 20, 1988 and revised date of December 1, 1989, prepared by Young & Young, and as is intended to be filed simultaneously with this declaration in the Office of the County Clerk of Suffolk County and with the Town of Southold Planning Board, and the same is hereby executed and declared a Wetland and Natural Vegetation Retention Buffer Easement and Scenic and Natural Vegetation Retention Buffer Easement . 4. That the terms and conditions as set forth herein i I apply to all land lying within the said wetland and natural vege- tation easement and scenic and natural vegetation easement, as areas are shown on the hereinabove mentioned map. . S,) That the said owners, their successors, grantees or assigns shall keep the said Wetland and Natural Vegetation Retention Buffer Easement and Scenic and Natural Vegetation Retention Buffer Easement open and free of buildings and other structures including 1 any billboards or advertising signs ( the term "structure" and "Building" shall be interpreted as including, but not limited to, swimming pools, patios, storage buildings, structures for housing of domestic animals, boat or other trailers, recreational vehicles, retaining walls and bulkheads ) . 6. That the natural vegetation and resources of said easements in its conditions shall remain undisturbed, and in its natural state, and to this end no top soil, sand, gravel , rock or minerals, shall be excavated nor removed therefrom, no grading shall be conducted on the said designated areas and no planting of fill shall be placed upon the said designated areas which -5- 11001( 5 C would contribute to the erosion of the land, and no trees on the said designated areas shall be cut or removed and no other plants ior vegetation in said designated area shall be destroyed or removed. 7 . That there shall be no prohibition on the owners, their successors, grantees or assigns, who may seek to traverse said designated easement areas as the same may be traversed by a walkway, whether elevated or on the ground, provided proper wetland permits be obtained from the applicable agencies, including the Board of Trustees of the Town of Southold and the New York State Department of Environmental Conservation. 8. That any disturbance to the land within the designated easement areas shall be redressed by the restoration i of slid land to its prior natural state, within sixty ( 60) days of the disturbance or of the date of the disturbance is reported to either the Planning Board or the Bay Constable . 9. That the said owners, their successors, grantees or assigns reserve the right for the exclusive use of those areas within the confines of the lots affected by this Declaration insofar as the use is not inconsistent with the purposes of this covenant as set forth and the said owners, successors, grantees and assigns may exclude the general public or any person or persons from the use of that portion so designated on their premises, except that the Town of Southold shall have the right to enter the easement are only where it exists on Lots 1, 2, 3 and 4 for the purpose of maintaining the berm and vegetation so as to provide for the ongoing functioning of the area for storm water drainage and retention purposes. -6- 01 boot) 10. That in consideration of the Town of Southold ' s approval of the final subdivision map as herein stated and its acceptance of that portion of the lands outside of a thirty-five degree turning radius at the intersection of Mill Lane and Mill Road as shown on the final map of Wolf Pit Pond Estates at Mattituck, Town of Southold, Suffolk County subject to the easement of the Long Island Lighting Company thereat the declarant dedicates that portion of the land to comply with the required thirty-five degree turning radius at the intersection of Mill Lane and Mill Road of the Town of Southold Planning Board. 11 . That the following front yard setbacks shall be complied with by the owner, prospective o-.rners, their successors, grantees and assigns as to the following lots along Mill Road, as shown, described and designated on the map entitled "Wolf Pit Pond Estates" at Mattituck, town of Southold, Suffolk County, dated May 20, 1988 and the revised date of December 1 , 1989, prepared by Young & Young : Lots 2 and 3 shall have a one hundred ( 100) foot front yard setback; Lots 1, 4, 5, 6, 7, 8 and 9 shall have a one hundred fifty ( 150) foot front yard setback. 12 . That in consideration of the Town of Southold Town Planning Board approval, the owner and prospective owners, their successors, grantees and assigns of Lots 10, 11, 12 and 13 as shown, described and designated on the map entitled "Wolf Pit Pond Estates" at Mattituck, Town of Southold Suffolk County, dated May 20, 1988, and the revised date of December 1, 1989, prepared by Young & Young, and said road/right of way/easement designated "Paddock Way" -7- Ph' n S. on said final plat shall be for the use and benefit exclusively for the owners of said Lots 10, 11 , 12 and 13: FURTHER, that access by the owner, prospective owner, its successors, grantees or assigns, or Lot 9 to said road/ right of way/easement designated "Paddock Way" is prohibited. Accessibility to Lot 9 shall be from Mill Lane only. 13. That the owners, prospective owners, successors, grantees and assigns, of Lots 10, 11 , 12 and 13, shall have an unobstructed easement of said road/right of way/easement for purposes of ingress and egress to their respective lot . 14. Further, that said exclusive owners, propsective owners, successors, grantees and assigns, of Lots 10, 11, 12 and 13, shall be responsible and make payment of all maintenance and repairs, including but not limited to the removal and clearance of snow, each of said owners so benefited shall share equally the cost and expense and contribute equal amounts as required . 15. That these declarations and dedication shall run with the land and shall be binding upon and inure to the benefit of the owners of the respective parcels, their grantees, assigns, and all persons hereinafter owning or occupying the premises affected by the same . 16. That these declarations and dedication may be enforced by proceedings at law or in equity, and that the invalidation of one or more of the provisions herein shall in no way invalidate the remaining provisions herein. -8- NOTICE _f 57& 67aV-0sbh Police Dept. - Bay Constable Town of Southold Peconic, New York 11958 NOTICE OF VIOLATION Date: (Owner or authorized agent of owner) Address: -oma _ .,� . �f � `�- = ic,_. .y;•:, � /��>„�.� • � ,'i". - , (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 Il, Section 97-20 a premises hereinafter described in that 1 Ci You are therefore directed and ordered to comply with the following: c, ?;?cs �`� �.-.✓Tcc on or before the day of , 20 ,,. . The premises to which this Notice of Violation refers are situated at: 't Town of Southold, Suffolk County, NY (Suffolk County Tax Map Designation: Dist. 1000 Section: Block: '; Lot: 2 '� ) 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 Constable, Towrtdf Southold, NY 1. Ager, 2 Divi,on,Preorsa New York St.te ORI 4 In Orig 6 Incident No INCIDENT REPORT NY El S.pp L2 if D, Tire 7.Rex,on Day 9 Date Occurred 10 Day 1 1 Date Ds, 15. e 'me OnAins. I in at 713 16 Incident Type 17 Business Name 16 wea,on(l) A, s1le"Name.B 21 LOC3110is Code 19 incidentAd re%s( J, NO 20 C 11.state.. C r 1) 22.OFF.NO. LAW SECTION ?TO' CL CAT DEG--T-A"--F— NAMEOFOFFENSE ITS 23 NO of Victim, 17� 24 No Of Suopects 2S Persca%Typl=Corrp4ainarit OT inNher Pit,Person Imersi"Id Pit-Plan4aafteplarli Iffl-Withesslill,NItletei,herned VI =Victim 26 Victim also complainant [3YE]N uA TYPEANO NAME(LAST,FIRST.MIDDLE.TITLE) Date of STREET NO..STREET NAME.BLDG NO..APT NO,CITY, STATE. ZIP Binh Telephone No. u, F us, G e- A127 —A�141ftl4me eV ICA 01 Ry-?-ep zzo C-1 f, f7 D are 0 1,B(S ah 2,9 51� 30.Race other 3 t.Et:�Zc 12 Hscmcap 33 Re,dence Status []remit, Res -Foreign Nat M fj C] White[:j Black Hi ric Lrk 0 Y, Re tire, Q I......0 Student he, H A -RD El Indian C]Asian Unit [I I Commuter[]Military 0 HOmeRO`E]U it Z 27 Date of Birth 34 Typelfl. 1 35 Name(Lan,First,Middle) 36.AlianililicknamelINIanden Name(Last.First.Middle) 3 7 Apparent Condition z [] Impaired!Drugs 0 Mental Dis C]Link K., 0 C3 im,patreel [I Irl I III C] ApPiflorm se tree 0 t Street 38 Adel(Street No Street sl�nn,Bid, No.Apt No City,State,Zip) 3-3"One NO 40 Schial Security No 0 Orce L E] Weak .a- 41 Date of Binh 42 Age 4 Se� Race ,Vo 45.Ethnit., �1 SLk,on 47 Occupation uo Cl M 0 1 E] White C] Black Cl Other C] His,am 0 Unk ht E]Dark 0 Unk M,— so U Ej Indian 0 Ai,.. Link. EI Nom H, am, D Medium C]Other C7 50 ha,r 52 Gl�,6, 533'Buii'd 54 Em,I... S0,0111 55 Address LT C] Yes C.naa, C m I E],.cTe N ut 5, D'e, No Meenum I ut, 56 Scars/Marks rrantoos,(Ditucr,the) 57 1111 Ef 58.vialon or Property Property I Quari Make" Status, TVpe Measure Crad Type Model W1.1 No. Description valkae E2 E3 QC 59 Vehid (a) I crime Plate NO Full[] El ku 61 Star, 62 E.p Y, 63 Plate Type 64 sv�l., e Status 0 Partial C] W 0. 65 Veh Yr Make 67 Model 68 Style 69 VIN 70 Coloa(s) 71 r..ed By 72 Vehicle Notes To 73. El �2, F,I B-4--a- ajsf�fa )J rp poge4U. Z�55-4rcl 01:j� v 4 5 a nade,- .,qs sit,L, e—j Fpr- (.4, or- 4,.� z &C if"It: W C 'als 0 "a+0 #=A C!�j 74 Inquiries(Chifick all that apply) 75 NYSPIN Miessage No 76 > 0 D"M V E] W -a C]-of"._ Complainant Signature Fir aV Q Other C,E D WanvWanimt C]Si,offl�. C El C11 ruton, [I S en Propesn, Q Other 0 W 77 ce, gri ,(I nQ 78 ID 79 Supervisor S Signature(Advice Park) ali 10 No 1- No 2 81. %far., UC]O,mn Dtfr��—(If Clossed.check lsa�below) ClUnfounded 82 StalunDate 83 NoufnndcTOT of []Via Refusal to Coop E]Acest EI Pro, Diedmiell 0 War,..,Ads,sed 0 CBi CJJU,. No Custody r-1 Arrest-ju, []Offender Dead [I E Ktrad I ft I DCJS-3205 (2/97) 'FALSE STATEMENTS ARE PUNISHABLE ASA CRIME.PURSUANT TO THE NEWYORK STATE PENAL LAW Town of Southold A - 1247 Suffolk County, NY The People of the Stale of New York vs. L/ST E(DFFENOiVItJ FIRS NAME MIDDLE INITIAL �..... TG�NN/t /N G STREET AgMiE55 AFT NO Rk /SCak 'Ova' CITY`D STATE DP LICENSE ON REOSTRADCN NUMBER STATE TYPE OF UCENSE WTE IX RES E% DATE OF MRJT OPERATOR MONTH I DAY YEM UYNS VEX ❑YES ONO THE OPERATOR OR REGISTERED OWNER OF VEXILLE DESCRIBED BELOW PLATE NO DALE EXRRES STATE PLATE T ❑NY. ❑N.J. ❑NY ❑NJ ❑ ❑PASS ❑COMM ❑ VEHICLE MAKE ❑ O E ❑ BUICK ❑ CXEV ❑ CADILLAE ❑ PONTIAC O FWD ❑ OLDS ❑ PLYM O TOYOTA ❑ VIXKS ❑ BOOT ❑ 20; ❑ •DR ❑ BUS ❑ MCY ❑ S W TYPE ❑ TRUCK ❑ TRAILER ❑ VAN ❑ NN NUMBER EN THE PERSON DESd11SED ABOVE IS CHANGED AS FOLLOWS yfr OCA .s /7 0f //,Os' ❑DATE OF OfFENSE Tt" FM O C�y0 i'/ SUFFIX%WMTY NY INVI L TIONOFSEV ON SUED. OF THE❑VEHICLE AND TRAFFIC LAW OF THE STATE OF I K ❑ 1'aPEOCIi ❑O.S. CdA BUS NAZ 0EF vEH MAT $PEEING OREFOFFENSE MMINA NPIIZCNE Ne '9,7-20 u./ FA AL PART MOT FOR TVBI THE ABWE NAMED DEFEND.WT gOOx THE STATm DATE.TME AND PUCE _ AGMs Fif6S/1tv/Yi>J2 F�a/�F/ u.✓J,•uY _ TIV FMyoHp/MIAJun IpntlW YrpvNJyA1 PPAgNG SCHEDl0.ED FlNEi CONTACT COURT THE PERSON DESCRIBED ABOVE IS SUMMONED TO APPEAR AT SOUIHOID TOWN JUSTICE COURT.SUSS ROUTE 2S,SOUHEAD.NY 11971 O.iFOi APN('M]W.40�� wj]rv�l ADD AT 9W ✓ _AM9.i FALSE STAWMENTS IO1BN ARE PUNMIHAB.E A9 A(.DESS A MISDEMEANOR FURSVANT TO SECTION 210 RCF TIE P LN V 9 CDM DATE i 119A, BADGE f COURT COPY I Local Criminal Court C.C.NUMBER 01-12532 ARREST NUMBER(S) amleVILtAI&EOF Mattituck TOWN OF Southold DOCKETNO.(S) DEFENDANTS IN CUSTODY VIOLATION INFORMATION FROM DATE&HOUR TO DATE&HOUR STATE OF NEW YORK t. COUNTY OF SUFFOLK HamleylkkAZE OF Mattituckl SS } Defendant(A) 2. TOWN OF Southold Shawn Fitzgerald 3. Name(Complainant) SBC Donald Dzenkowski ofNo. the Town of Southold Police Dept. , 41405 Rt 25 Peconic, N.Y. 11958 being duly sworn, says that on Nov. 19, 2001 at about 11:23 AM at /,95 3 e%f Mattituck Town of Southold County of Suffolk,State of New York,thedefendant(a) Shawn Fitzgerald of 205 Circle Dr. Plandome Manor, N.Y. 11030 wrongfully,intentionally, knowingly, committed the offense(a'j of: Having a roadway constructed within 100" of a Freshwater Wetland without a Trustee' s Permit a violation of Section 97-33 of the Southold Town Code. Count#1 inthat: the defendant at 495 Paddock way, Mattituck, Town of Southold, County of Suffolk, State of New York, Did have a roadway constructed within 100' of a Freshwater Wetland without obtaining a permit from the Southold Town Board of trustee's This complaint is based on (personal knowledge) & of the deponent dated ] [the attached laboratory report of the dated SWORN TO BEFORE ME THIS 19th DAY OF Nov. pit 2001 /iS -1ZEAI OFOFFICIADMINISTERING OATH COMPLAINANT Sergeant TITLE VILLAGE OF TOWN OF Southold SSCS-3000b 'STRIKE OUT WORDS NOT APPLICABLE 53-240..5/91cs UFFO( Albert J. Krupski, President Q$ �C Town Hall James King, Vice-President hr0 ��jy 53095 Route 25 Henry Smith o= P.O.Box 1179 Artie Foster W Southold, New York 11971-0959 Ken Poliwoda Gy !`F Telephone (631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD LETTER OF REQUEST FOR A WAIVER DATE OWNER Sheum ++Jolene Fifz4erala! PHONE 516- Ga4 -ORrolo ADDRESS 1195s 19ad010C,( L/.fzv . �Ib7��/fUGK AGENT �J/��ar, A• cl7/ �'onry �/'sc,4/ PHONE /SII ADDRESS /S/� /�e/Y'y �i I AOOCI (JU (y/VY//77/ PROPERTY LOCATION X95 �dGi/ack ClJa ; �l¢ff/faCK TAX MAP NO. —/ 600 ' /07 - y - o'?, Mei �`jaa�n r f��ne request a Waiver to &PCC ey/ soGf /'a// nee a� elul- OaW9!t Cyi iih the /DD/ OJO X AW L a Kc as gluon an the 'Ohn Q]%diet% Signed By: �t5 1 p 1� William A. DiConza Counselor At Law 15A Berry Hill Road Oyster Bay Cove, Nov York 11771 Telephone 516-624-0866 Fmsunile 516-624-7735 November 21, 2002 Board of Trustees Town of Southold 53095 Route 25 Southold, New York 11971 c Re: Application for Waiver Dear Sirs: Enclosed are the original and two copies of a Letter of Request for a Waiver to permit the Fitzgeralds to erect an open split rail fence at a location on their property that is within 100 feet of Wolf Pit Lake. Also enclosed are three surveys indicating the proposed location of the open fence, as well as a check in the amount of$40. The fence is necessary for the security and protection of the Fitzgeralds and will more clearly delineate their property boundary. Please advise me if anything further is needed at this time. Thank you. Very truly yours, illiam A. D' nza WAD/slm Enclosures i '`• UFFO( Albert J. Krupski, President C Town Hall .James King,Vice-President �Z01�y 53095 Route 25 Henry SmithC P.O. Box 1179 Artie Foster W at Southold, New York 11971-0959 Ken Poliwoda cp 'r` Telephone f631) 765-1892 y'�I�! ..�0Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only __Coastal Erosion Permit Applicatin _Wetland Permit Application ✓_Major _.Minor Waiver/Amend C anges Received App lea t�C Y B / !Received Fee:$ _Completed Application N 4 _Incomplete _ _SEQRA Classification: Type I_Type 11 Unlisted __Coordination:(date sent) ____CAC Referral Sent Date of Inspection: / _Receipt of CAC Report: _`Lead Agency Determination: _Technical Review: _Public Hearing Held: oZ --Resolution:— Name esolution:Name of Applicant 5 4 h 7r. n ,rn id Address q q 5 P44 n10 t tC W" M u l l tuf-kk. ----PhoneNumber:(�/), Suffolk County Tax Map Number: 1000 - S eP /0 -1 -ak J A0 Q. 1 Property Location: 04 44&V (DO (provide LILCO Pole #, distance to cross streets, and location) vv AGENT: SCO (If applicable) Address: &,J� r^ I'ttone: i I Board o Trustees Application GENERAL DATA Land Area (in square feet): of 1 I( /" `/ Area Zoning: ( % La 000 O 7 9 o4 _ Previous use of property: BS �((� Qr eA Intended use of property: e> ! �1 +O -e- Prior -e- S Prior permits/approvals for site impro ements: Agency D e '?...,lcSt�ut �e,(JL Twti �� It o1 _ No prior permits/approvals for ite improvements. Has any permit/approval ever been re oked or suspended by a governmental agency? No ✓Yes If yes, provide explanation: e.rY Owa )a. /n� 196 j nd j L w F oar ae- Ake -� ow . Project Description (use//a'�ttachments i Qee necessary): /l�wo e- 4WC55 r4/ ..,., WGA ,o•✓CYs YVca- l..Q e'F iCE s>!6-.0 4 I -- i Board and of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: 2GvNw 64 1 0 � F ,-.,Par" Ouess f0�+ I, iella�� ✓yc� oS2 ���urwl ��CGc� . op Area of wetlands on lot: JF 5760 square feet Percent coverage of lot:_ A/7 S0/0 Closest distance between nearest existing structure and upland edge of wetlands: / R q r feet Closest distance between nearest proposed structure and upland edge of wetlands: 3qT feet Does the project involve excavation or filling? No Y _Yes If yes, how much material will be excavated? cubic yards How much material will be tilled? cubic yards Depth of which material will be removedw deposited: 3�- y It -tecFes Proposed slope throughout the area of operations:-0-6�,ti aJ S lope-� iF E SwvQ�� r Manner in which material will be removed or deposited: 2!°v,10%twk oC7 3` -4 " CCwtw,� (ialie-\ a ,S r♦ use-D r+'w lewpQot�a+7 �LEeesS road) So%l *IL,a 5� fo ar.�.y,� S�wlc lar, Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): �T herC will )91-. ✓(ntoo e\CcCeeA J>.. we-41,4."(l.urij �"k �,e> O-/ 4 4-1 Rn �S 1u�G a� are ) L, . (ACe i47'n L.e.11ydeoo5 L t 1141 raa k4,—dc a Q w L( be- le 94 t,. U(.au f!J Albert J. Krupski, Preside �QSjjFF0L/( • Town Hall James King, Vice-President him , 53095 Route 25 Henry Smith P.O.Box 1179 Artie Foster r/3 : Southold,New York 11971-0959 Ken Poliwoda Telephone(631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD ----------------------------------- In the Matter of the Application of COUNTY =--NTY OF SUFOL 47�-------------- F STATE OF NEW YORK) i AFFIDAVIT OF POSTING I , residing at &&<' Pel( being duly sworn, depose and say: That on the day of , 200 I personally posted the property known as u95 f7R[+LWC u C< , GAJ l I L CIr, u- /. by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held&- r � pm - )�447aj as Dated: (signature) Sworn to befo me this tj�da7y of ,, 200z Notary Public ;ATHERINE GUINTA NOTARY PUBLIC.Stale of New York N„ OICU4987042,Suffolk County lc.n ❑. ❑es Sepa:r.t+r 30. I PROOF 01 MAILING OF NOTICE ATTACH C RTIFIED MAIL RECEIPTS Name: Address : ASH/FLORES 5170 WICKHAM AVE. Al. TTITUCK, N.Y. 11952 MR. DEAN TUTHILL 713 MAIDEN CHO E LANE APT. 5303 CATONSVILLE, MD 21228 MR. MARIO BELLETTI P.O. BOX 76 M TTITUCK, N.Y. 11952 61ATTITUCK PARK DISTRICT P.O. BO 413 MATTITUCK, N.Y. 11952 MR. & MRS. THOMAS KELLY 4605 WI HAM AVE. MATTITUCK, N.Y. 11952 MR. RAPLH TUTHILL P.O. BOX 26 MA TITUCK, N.Y. 11952 MR. & MRS. ALLAN DICKERSON 460 P DDOCK WAY MATTITUCK, N.Y. 11952 STATE OF NEW YORK COUNTY OF SUFFOLK 'residing at _t( P.AQV, M-q �, _�, being duly sw n, deposes and says that on the oY"1 _ day of �t c'- , deponent mailed a true copy of the gotice set forth in the Board of Trustees Application, dir ted to each of the above named persons at the addresses sat opposite there respective names; that the addresses set op site the names of said persons are the address of said perso as s own on the current assessment roll of the Town of South ld; tha saiWices were mailed at the United States Post Office at eC , that said Notices were mailed to each of said persons by (certified) ( registered) mail . Sworn to ryfore me this day of ,ATHERINE GUINTA NOTARY PUBLIC.State of New York R; -.1987042,Suffolk Count- Notary Pub is _.,,fres September 30. 1-�--6,12,87)—Te.�1 12 617.21 S EQ Appendix 0 State Environmental Quality Review �HORT ENVIR 0 NMENTAL ASSESSMENT FORM I For UNLISTED ACTIONS Only PART ]—PROJECT INFORMATION Cro be cc pleted by Applicant or Project sponsor) 1. APPLICANT ISPONSC�_ 2. PROJECT NAME L 3. PROJECT LOCATION: Muncipanty -J,7 Ll County 5�, K 4.IPSEC,;SE LO ION iStreet address and road intersections, prominent landmarks. eic., or provide mao) CAT t C) _ i id 1�' 5. is PROP ED ACTION: P� aN.w Expansion Moulfical an,ateration 6. DESCRIBE PROJECT BRIEFLY- -&a - W,/_� -,I 4k AMOUNT OF LAND AFFECTED: in,(.alIy acres Ultirru lely acres 3. V.11_1 PROPOSED ACTION COMPLY WITH EXISTING 70NING OR OTHER EXISTING LAND USE RESTRIC7ioNS? Ves C:l No It No. desc.ube brietly 9 V,HAT IS PREzENT LANO USE IN VIC:NITY OF PRO�ECT? 7-1n..Mr.al ComIrcial E'Agricupture, 7 ParKiForesuCoe. zpace ;?<es,denna, Other Oe=uoe: 10. DOES ACTION INVOL1,,EA PERMIT APPROVAL OR FUNDING, -\low OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY,FEDERAL, STATE CR LOCAQ? Yes C1 No If yes. list agencys) a c! pefmntlappro�als it. DOES ANY ASPECT OF THE ACTIC14 HAVE A CU qRENTLY VALID PERMIT OR APPROVAL? Zyes 0yes -No if yes. list aaency name ar3 permnJ1appro,,;ilL IF Q.0 0 1 2� A6A RESULT OF PROPOSED ACTION WILL EXISTHIG PERMITIAPPROVAL REQUIRE MOOIFICA7IQN? res 21N. I CET,TIFY THAT THE INFORMA ION PROVIDED AeOVE IS TRUE �O THE 3EST OF 11, 11011_�LIGE name: Dtte: Signature F_ — i If the action is in the Co-, al Area. and you are a state acency, complete the Coastal Assessment�rtorrn before proceeding with this a��assment OVER is i Board al Trustees Application County of Suffolk State of New York I SA BEING DULY SWORN DEPOSES AND AFFIRMS THAT N /SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THA r ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER I NOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER 3ET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOI D TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM AN r AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAIDRMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTH E THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTE ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WIT REVIEW OF THIS APPLICATIO yn':� ;V:w � - i nature SWORN TO BEFORE ME THIS 4DAY OF 200 No ble P R J. D+CONZR,JR. Notary Public, State of Now York Na 30-46102$7 ��� Qualifie]+ sau Cou ty Commission Expire tblarch ' ' 19_ 0 <, b 1 �}S V✓ y`Fs. C. 5 PAW f lilt m � / a fi ES, mi 1N3C U�12�e. S n ,0 e2-W7 Jyl�[CX ;c rvi. 56163 ,AS 0 PPLtCANT TRANSACTIOIAL DISCLOSURE. PORH The Town ok SouLhold ' s Cod t pLohlbibs conflicts of an T I Interest on the part of town 041clgrge d employees . ie pur ose of this form is tolprovide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same . YOUR NhMHf sLmo ti? ( Last name , first ;is inibiat '=less you are applyinc in the name of someone else or other entity ch as a company . if so , indicate the other pe�qoe Is or company ' s name . ) 41 NATURE UP APPLICALLAW11Z ck all that apply . ) Tax grievance Variance Change of zone App�pwal of plat 5xempbion from plat or off cial map Other ( If --other, " ni-mebhe acbi iby . ) Do you personally (or bhro#gh your ebmpany# spouse, nibling, parent, or child) have a rolabionship with any officer or employee of the Town of So thold7 "Relationship" includes by blood, marriage, or bus .ness interest . "Business Interest" ineans a business . including a partnership# In which the tovn officer or !mployee has even a partial ownership of (or employmen ; by) a corporation in which the tovn ofricer or employ �e ovns more than 5% of the shares. YES No V if you ansvered IYES, ". com )lete the balance or this form and date and sign where indica ;ed. Name of person employed by the Town of Southold Title or position of that 3erson Describe the relationship ebween yourself ( the applicant ) and the town officer or em loyee . Either check the appropriate line A) throug D) and/or describe In the space provided . The town officer or employ �e or Ilia or her spouse , sibling , parent , or child is (check all that apply ) t A ) the owner of greater than 5% of the shares of the corporate stock of the applicant ( when the applicant is a corporabion) � 8 ) the legal or bbneficial owner of any interest in a noncorporabe 'entiby ( when the applicant in not a corporlbion ) l C) an off car, dirsct�orj por- bnerj or employee of the applicanbr or D) the actual applica nb . DESCRIPTION OF RELATlONS111P Submitted b Eignabure. 'trinb name b� ........... 2�6O .0 OS Lot L4. 0 : . &u 3i x J .0� 0 -4 a 6,0 I+ cplql X op ib J�CO. 0 0 .,L.,Osa /0 DNc V, -kv IV ck 304" C'N 1' 06 NA % �3 k 'b & '01 0 0, It. 4� \Ctl Ira, Qk b ch SUftTY FOR OWEN MORREL B LAURIE JEWELL OAS% 1301. propa-9--dphill4w9s LCTNO. 11 . " WOLF PIT POND ESTATES" JUL 29: 199a JUL is, 1991 AT MATTITUCK DATE JL"t Z5, 199f TOWN OF SOUTHOLD SCALE I -. 100' -car"Af -Cence SUFFOLK coumry, HEW YORK NO 9 1 052a 0 I.M.11b .. , I,'. ILM, 4 1 VID'arlo. III,'Ec"o. 'to'0, .t — pm poser, 4once- I.t I..& It. 0.t..D"[6 'c" I c...,.,.ED 1,GE A�,L,o .I, c 01, .......I'll M...." ...0"L. III WEALTII OEPIprmEwt DATA 1�APPA� TO C�SIRUC 7 1.,`tl�10 .( I'(, s'n...to .11 X1710M, ;-I " ILI k ..1 1000 It c Tlo. 10 111[ A =11.1 I.f ."IItm .11— A IEV .1 'If- "I '%AIIIII..ILI t-to. 0,,# I9110LE. 1.1 1'-1~AID It—.t .�-L "I'M"Ot'T"Is.83.01� D.C., WILL 'I"DLA co�ll I u.tt To IT "'U'll ..I I.. A IlccIIIc 'Ask" 10. I.t II.C9. I I I'n Aelt)T'Iq"AWW P A.*% f It, YOUNG 8, YOUNG Mvr--IEA0. & OgpFFDJ/r N Town Hall,53095 Main Road 0T Fax(631)765-1823 P.O. Box 1179 .fi `� Telephone(631)765-1802 Southold, New York 11971-0959 BUILDING DEPARTMENT TOWN OF SOUTHOLD Office of the Building Inspector January 8, 2002 Mr. Tim Healion, c/o Shawn Fitzgerald Residence PO Box 806 Deer Park, NY 11729 Dear Mr. Healion, Please take notice that in review of the site plan and letter received 1/4/02 form Century Tennis, Inc. Reference Building Permit Number 27879z for an Accessory Tennis Court at 495 Paddock Way Mattituck, N.Y. County Tax Map Number 1000 - Section 107 Block 4 Lot 2.010 The work on this permit may continue under the following conditions. 1) No work in the violation area until permits are submitted to us for Town Trustee's and NYS DEC as required. 2) All topsoil rernoved from violation area to remain on site and protected from run off. Protection must remain in place for violation area to prevent further disturbance and any other damage. If there are any questions you can contact us at (631) 765-1802 between the hours of 8:00 a.m. and 4:00 p.m. Res tfully urs, B Sem Building Inspector CC:file ... .... .... lk U hi Lj ci I..; CD 0 ID OD WID 9L Lu 2L Ld 611g , w cu 0* 1 z C5 (a rd '? -0 Jz cu cy CSo 0 cu z CY CY CS 4Li LU NR -j -43 40 (D� It CD ZO z C3 �w cy*: Cj LL LU 0 Cl) L'. Lu W 0 Lu C%j wq 0 0 IL I LLJ L) G1 $ v 5.�, ��91 920 9ij 91 p �l i / p e0 `d N4 p110 p� 1y3 R/O \ X55 PAHO rano T � aT. 5 R 5t Y y9 tiLA rte., •�1��• f �h JocQ�l� s REVISIONS DESCRIPTION PREPAR BY DATE APPROVAL ' GUARANTEED TO: 1 . STAKE OUT OF NEW TENNIS COURT JWS Co. 11-01-01 JWS01079 ,AC) 2. ADDITIONAL TOPO FOR ACCESS ROAD JWS Co. 12-05-01 JWSOjO90 355 -50' SURVEYED ON NOVEMBER 01, 2001 BY ARKADWSZ WODKIEWICZ, L.S. "JERRY* - 21 ' 16 E. D/B/A JWS Co. CONSULTING SURVEYOR S .47 2 N.Y. L.L.S. 049877 -y' - CON 2 ULT SURV SCALE T I-A- 5 JOB No J.w.S. COMPA Y. CONSULT. SURV. 403 C �Y SCALE: 30' --- 01. SURVEYED FOR: AVE. C. APT. I-A. BKLYN, N.Y. 11218-4521 8)_68 686 _9110T JWS 01090 CENTURY TENNIS INC. (718)-686-8719 FAX 680-9110 JOB No. L QP . , SURVEY OF PROPERTY FOR TENNIS COURT LOCATED AT # 495 PADDOCK WAY MATTITUCK , SUFFOLK CO . , N . Y. DISTR . 1000 , SEC . 1 07P 13L. 4 , LOT 2 . 10 Unauthorized alteration or addition to a survey map tQ. bearing a licensed land surveyor's seal is a violation C� of section 7209, sub-division 2, of the New York State 00L. Education Low. 0� Only copies from the original of this survey marked 00 with an original of the land surveyor's embossed seal shall be considered to be valid true copies. Certification indicated hereon signify that this survey 00 Qo was prepared in accordance with the existing Code of *0 Practice for Land Surveys adopted by the New York State (D 0 nAssociation of Professional Land Surveyors. Said 0) certifications shall run only to the person for whom the survey is prepared, and on his behalf to the title company, governmental agency and lending institution listed hereon, and to the Designees of the lending institution. Certification are not transferable FRESH WATER to additional institutions or subsequent owner. "It, P 0, POND in 110 C00 ED TENNI COU b IQ 60' X 1 lc�l 708 lip, LLJ 107 A 28 - 46 ' 01, N . \ I t �Iff. 3 Ld > + L0 < N& 5, (0 c) IQ P 6 :2 : .'o;1�� NQ' "P, N . 3 9* 3 T2 2" W. 613 . 76 (N CN < Ln tn d Young -V nd-�A e-h-ed- New York t1gol 9 Sit —��ra R= Young & Young 400 Ostrander Avenje, Riverhead, New York f1gol 631-7271-2803 E EE Alden W. Yining, P.E. & L 1 (1908-1994) in Howard If. Young, La;d Surt,eyor in C P;. 7 r "ST—at E. in r Thomes C. WRIP-ri, Prof"Rionlal Engineer . i re S ot A011eri C. Vast. Architect Nall. gkig Lot 8 Subdivision 0 hWolf Pit Pond Estates" W E (Dwelling In Excess of 150') Lot 9 S Subdivision xNS) "Wolf Pit Pond Estates" A N 82 ON 60.061 (Dwelling In Excess of 150') ko tt e I 0( il�t e\O 23.7a 00 SG \.- C0\3�,�L4 A,� OR ec� .0 "\01 q ---20- L.236.53' d ..... .. . 122 N wal. Lot 13 27.5h .6' tJ2 A( GV �J20 4idill n ow � s,-ii- I "� I % I . /P 1-b �%\' 00 Ile V P3 z 4 0 to --- 41 .1", - I I OA" CRZ I : I Oil PROPOSED 1 5 a AS CABANA'� f -�9 --o- L41 1'-�11-------- ---------- --- -------------------- NOTE 10,11 3� &OSED -------- - ----------- bf,--- ............. in :0 In AREA = 4.9056 ACRES z SUBDIVISION MAP - 'WOLF PIT POND ESTATES" o 4v, m <J 0 CLA K FILED IN THE -It ,z yr OFFICE OF THE CLERK OF SUFFOLK COUNTY ON JUNE 21. 1990 AS 0 IL No in Bills rHLE .0. 8963, -------------- ,&T DRMWAY a 0 ASP (31 g Lot 10 REFER TO FLOOD INSURANCE RATE MAP 3610300143 G L4 - LAST DATED MAY 4. 1998, RIO P Subdivision AN #13 1, in� a 1 14 10-- 11\ 1� in C) "Wolf Pit Pond Estates" in VERTICAL DATUM N.G.V. DATUM (M.S.L. 1929) 1 k, N-1 '_1 "', I 14 -—----------—----------- ----------—-—----- Co.�\ LANOW�RD LlMlif`81�1, in \ I : N -1 � % % %1 1 TIDAL WEIIL�NDS\AS C) LA an X % %! oil FLAGGED B 5 V, 1 233A2' M,ON JU'Ny1E*S1rbjV(0E[C),L2 t Lui, lb i I RIGHT OF WAY c. 655.32� u K I IT "PADDOCK WAY" co 84..914! 1 d 1 be4,7 A N S .94! in 0 1#0 -bN FILEM \1 I It A; 1 0 SURVEYOR'S CERTIFICATION As I lb 1q 0 WE HEREBY CERTIFY TO LE13NARD O'CONINICIR THAT 7 TIE LINE ALONG APROX. 5 1 q9 I� I I THIS SURVEY WAS PREPARED IN ACCORDANCE WTH THE CODE OF I N .46' HIGH WATER MARK 0 , 1 PRACTICE FOR LAND SURVEYS ADOPTED 13Y THE NEW YORK STATE 1 14 R-40.00' L=37.09' L=37.09' ASSOCIATION OF PROFESSIONAL LAND SURVEYORS. 31 \% It I R=40.00' 9%W A it NF Lot 12\ FIR kE B 0 UV'N CO SCA E IFI? EARY LINE OM E FLOOD INSU A CE RATE MAP Subdivision hII i "Wolf Pit Pond Estates' HOWARD W. YOUNG, L.S. N 45893 45maCO35 tt I-ph 9 LANO /P) 1, Lot 11 SURVEYFOR Subdivision LEONARD O* CONNOR "Wolf Pit Pond Estates" LOT 13 "WOLF PIT POND ESTATES" 0 At Mattituck, Town Of Southold Suffolk County, New York ECEIVEDCounty Tax Map 1"I'lict 1000 &,,llan 107 OloEk 04 Lt 2.12 JLJI JUN 112003 80UNIDARY SURVEY SOU09101 Too rd of Tnisteft GENERAL AMENDMENTS MAY 2. 2003 Is GENERAL AMENDMENTS lj"!i GENERAL AMENDMENTS APR. 10, 2003 GENERAL AMENDMENTS AUG. 13. 2002 El- MONUmENT SET MMUENT rMND A STME SET A. STME FW, 0 w,R,ws n_As GENERAL AMENDMENTS JULY 16, 2002 19 GENERAL AMENDMENTS MAY 23, 2002 MAP PREPARED APR. 12, 2002 MAR. 15. 2002 SCALE I" - 50' JOB NO. 2002-0129 BS DWG. 2002-0129b,