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HomeMy WebLinkAboutTR-4551 JAN a 1�,f If - A2 - f T -- r DECp � _ ono o� Town Hall. 53095 Main Road P.O. Box 1179 Telephone O�(516) 765-1801 Southold. New York 11971 ,y�! � .a0 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At a meeting of the Southold Town Conservation Advisory Counci held Monday, December 18, 1995 the following recommendation was made: No. 1297 (Recommended Disapproval as submitted 9/21/95) Moved by Allan Connell, seconded by Stephen Angell, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Wetland Application of NICOLO Di BARTOLO 127-3-6.1 b 6.2 to construct a 20' x 12' bridge, a 47' retaining wall on east side and a 30' retaining wall on west side, existing retaining wall on north side will be removed and every other stave will be removed from existing wall on south side, and approximately 10 t.y. of fill will be brought in from an upland source. The CAC recommends disapproval because the applicant did not submit an open bridge concept as requested by the CAC at its September 21, 1995 meeting. The Council would recommend approval If the applicant accepted the following recommendations: 1 . Replace in kind/in place existing south bulkhead and new 10' return to west excluding area of 20' span of the bridge. 2. Construct wingwall on northeast side of bridge to avoid marsh. 3. Bulkhead between wirigwalls and south bulkhead to provide support for bridge to create proper channel. 4. Remove existing northern bulkhead and southern section to provide channel entire length of bridge structure. 5. Fill as appropriate to raise bridge to height of southern bulkhead. 2146 Main Road, Laurel Vote of Council: Ayes: All Motion carried. I ls� !r') 11 V7 ULC 1 8 1995 a Print -or Type: TOWN OF SOUTHOLD. f - _ HIGHWAY DEPARTMENT Offi-ce use only PECONIC LANE File #: PECONIC, NEW YORK 11958 v • Permit #: PERMIT & BOND APPLICATION 0A1 y`a� FOR ACCESS THROUGH TOWN OWNED PROPERTY 1 ) AJIC-01 0 ,l 1AA RTvL 0 '-2/�16/vfllart/&J 4 t'tr-rz 94g (Name of Applicant ) (Address) 2) y T"7-4-1'( 0"�L I LE/�/��4fe-T Al-I . It 9144 (Name & Address of Contractor Involved) 3) X/ 7,5- ("pWoa er. 1 000- 121 -.3 (Project Location) (S.C.T.M. #) 4) C 0A.40 0- C- C)Loi-it - (Name of Road or Town Property Involved) . (Hamlet ) 5) (Brief Job Description) 0P�N ��rc/tic/+ �-� Ai Z,vi'J of C90IVJ/o,L C7 j3L ILo 4d��:✓ Pols Z411)6E• 'ice e0)y1V67CT oRoy�--'�A-ti —F0 H-01-t c6— 6) Starting Date: E=5'6 I Ib-z-\5 5, Completion Date: 1 i 7) Estimated Cost of Proposed Work: .8) Insurance Coverage: A. The coverage required to be extended to the Town: Bodily injury & Property Damage; ,,1•, $300,000/$500,000 Bodily Injury & $50,000 Property Damage B. Insurance Company: C. Insurance Agent Name & Telephone # D. Policy # E. State whether policy or certification is on file with the Highway Department : ( If no, Provide a copy with Application) (yes/no) r (Signature of Applicant ) (Date) To be completed by the Superintendent of High ays. Bond Amount�� Required: 6 (Si gnat e) ° RAYMOND L. JACOBS �Q� c°°y JADES A. RICHTER, R.A. SUPERINTENDENT y ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT • PECONIC LANE, PECONIC, N.Y. Fax. (516)-765-1750 y��l �aQ�' Tel. (516)-765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD APRIL 1, 1996 Albert J. Krupski, Jr. President - Board of Trustees Town Hall, 53095 Main Road Southold, New York 11971 Re: Mr. Nicolo DiBartolo Condor Court, Laurel, New York SCTM # 1000 - 127 - 03 - 6.1 Dear Mr. Krupski: As' per your request, I have inspected the driveway construction at the above referenced location. All of the work performed at this location is considered to be satisfactory and meets the minimum requirements of the Highway Specifications. It is therefore recommended that the bond, posted with your office for the above referenced work, should be released. The mountable concrete curbing at the entrance of the driveway has not been removed. If the owner ever intends to remove any sections of this curbing or decides to make any other improvements within the town right-of-way, it will be his responsibility to do the work. If any sections of guard rail need to be removed, or if an asphalt apron for the driveway is ever requested, the owner will be required to review all proposed work with the Superintendent of Highways prior to any work or construction. If you have any questions concerning this report, please contact my office. S' cerely, 6 James AV-Richter, R.A. cc: Raymond L. Jacobs (Superintendent of Highways) f 9 Albert J. Krupski,President O��S�FFO��CO Town Hall John Holzapfel,Vice President �� Gyp 53095 Main Road co P.O. Box.1179 Martin^H. Garrell Oy �y� Southold,New York 11971 Peter Wenzel ?��l �a0 Telephone (516)765-1892 " Fax (516)765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: James Richter, R.A. FROM: Southold Board of Trustees RE: Nicolo DiBartolo 1 SCTM #k127-3-6.1 DATE: March 27, 1996 Can you please inspect the above referenced driveway construction and ,let us know if it meets Highway Sepcification so we can release the bond. If you need further information, please do not hesitate to contact this office. V�g�FF0L/( Albert J. Krupski,President ht� �Gy Town Hall John Holzapfel,Vice President c 53095 Main Road King 0 P.O. Box 1179 Martin H. Carrell y �� Southold,New York 11971 Peter Wenzel �Oj �►�� Telephone(516)765-1892 Fax(516)765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 2&, 1996 Nicolo Di Bartolo 2146 Main Road Laurel NY 11948 Re: SCTM #127-3-6.1 & 6.2 Dear Mr. Di Bartolo, The following action was taken by the Board of Trustees at their regular meeting of January 26, 1996: RESOLVED that the Southold Town Board of Trustees grant an Amendment to Permit #4551 to conform to CAC recommendations 1-4, not 1-5 as approved at last meeting to- construct a bridge. Very truly yours, Albert J. ugs�ki, President, Board of Trustees AJK/djh cc. CAC JAN-16-1996 :`13=34 FROM SUFFOLK COUNTY. WATER DIST TO 7651623 P.b2 � �_v-__b _--_ January'•16, 1996 suef JAN 161996 Mr. Albert Krupski, President ��° � �� 0 Town:Trustee, Southold, New York Re: NA DiBartolo Inspection 1117196 ; Items for consider-atiilon re: letter'of 12/21/95 C.A.C. 1. Bridge;heiph as recommended by CAC would be approximately 2.5 feet above ;!?—a ° ;iic Blvd. Bridge" and-2.5 feet above the terrain at the construction site. - 2. . Rep►�:4ng existing south�bulkhead.not necessary as existing dwood (Faspecially. when reinforced)will have estimated,:life of 25 years versus 15 years for nf.,4 treated; :so.&Ydods according to the construction engineer. The above.pefers to 'hems 1 &5'of the CAC letter. It should be noted that as proposed, the:. bridge will k�a 20 feet!wide.versus 16.9.feet for the Peconic bridge and "high tido point is! .3 inches•Ic e,i er than i t the Peconic bridge. The major ;uncem w9 s to remove the 204not section of the southem bulkhead 1 arallel to: bridge:to have completely open channel-this will be done! The higher;Midge is unnecessary. The CAC recommendation did not provide tors raising: the wing. wr=� %s, whioh would be required to accommodate the higher slopes from the' bridge. in'i-Wdition, the extra fill would require. more construction activity and Possible damage to`rhe vegeth#ion we are trying io preserve. j Your appropriate conisideration is requested. ! . DiBawfo 1 J 4 • TOTAL P.O2 JRN-16-1996' 13:34 FROM. SUFFOLK COUNTY WATER DIST TO 7651823 P.01 SUFFOLK 0UNTY WATER AUTHORITY FACSIMILE TRANSM-L,.SSION To: -T l LL D- ate.;•� i LOCATION: N 7'�,.r-c S r F ! FACSIMILE: r 4° 'S16a o� 5a9- G'�P FROM: � �U ���/9 "i a ' LOCATION. TELEPHONE: FACSiMIY,E:— + (5I6) 589-5268 C O M M E N' T S. : _ / I ILI r , TODAY'S D4TE:- A/ TIME:�� • i NUMER OF PAGES (Including .Cover page) . .I .. ��•s!vJ:j�y,'Lay:.-.• .,Yy�s's,,rW�ry.'}� ' �1'• rq`.,:51i`rir :G;:3`.�•%�,:'`.,�-. �'T.aa�i`^'�5'/1<g�-: :.� -..'- - '',�.\\�:'llijll•!�•- ��r'q/l�rj �='"W:��s��•;;� y/�3..._.. . T 771is •%'o .,� '>:a .'.r::+•`1 a;i• 1w.^A./*7..7f' ,Zi:��°' �:..f: ,� C� ..,":, ib....., ii, �I I�t• `• Board Of Southold Town Trustees , SOUTHOLD, NEW YORK •�.,: L, 4 -' •��. PERMIT NO. ....7.��I..... DATE: ...12./.2.1./.9.5......... •I F4 ,. NOW ISSUED TO ..........NICOLO...r-�.. ...BAR.TOLO.............................................................. Pursuant to the{, provisions of Chapter 615 of the Laws of >> ' the State of New York, 1893; and.Chapter 404 of the Laws of the ;R 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 'w j, 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 ......la/..21/.95 s3 a�' .•} ;:•: ,. >. 19...9.5..., and in consideration of the sum of $..15.01....0.0..:...,.. paid by ..... .OI.,. ...DI ................... • ....................................................................... NIC O D ...... N. Y. and subject to the of �,.Lauxel. i Terms and Conditions listed on the reverse side hereof, \ fka a of Southold Town Trustees authorizes and permits the following: t ;.� Wetland Permit to constr. a 20 X12t bridge, a 47t ret. wall on �X east side & a 301 ret. wall on::west side, exist. ret. wall on northi., side removed, every other stave removed:on south side, approx. <, 10 c. of fill brought in, ha bales on up-slope of ro re-ve 44 Y• g Yprop. ,• � g,F; .� driveslla-in accordance with the detailed specifications as presented in ',fy !I '! ...�.: a.drivet�ayoriginating application.be limited to 1-family, & new drawing '!!reflecting CAC recomm. , as reed. in Trustee Office 12/.21/95, & bridge con-IN WITNESS WHEREOF, The said Board of Trustees here- !k; 1 form by causes its Corporate Seal to be affixed, and these presents to a to DEbe subscribed by a majority of the said Board as of this date. j�RIrecomm. date 2/4/95. CA fful ... .,. �. ��, O� ....... �•-. . ........ .......................... i stees i`• I _ • i� .3" :7m'•.".r.�`;.'•.�!:�." �°'a�u:u•.t$:�:.dl::,,:'.iWi '"t.r.'&r:��sr:rss�'-s'r�:ia-"is' ��v;:i;i,; 5:•{.d%�i `' 'ute.c=::r...-_-.�a•�` j+ - • -1 `'fig;,; '"tl,':-•:;;�. '/ ♦:; - "?� ..,:::� :• ,gar .:Y,.r:-:\. ::lf�:..��.. �../,!•...i� � ��._:�-�' r.Jj.: \•,::-' � \.• NA.' 3 1 OSVFf���CO Albert J. Krupski,President p G Town Hall John Holzapfel, Vice President 91 53095 Main Road William G. Albertson cc P.O. Box 11790G, Martin H. Garrell Southold,New York 11971 y �� Peter Wenzel 'f!p! �.a� Telephone (516)765-1892 Fax(516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December -21, 1995, Nicolo Di Bartolo 2146 Main Road Laurel, NY 11948 Re: SCTM #127-3-6.1 Dear Mr. Di. Bartalo, The following action was taken by the Board of -Town Trustees during its regular meeting held on December 21, 1995 regarding the above matter: WHEREAS; NICOLO DI BARTOLO, applied to the Southold Town Trustees fora permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated August 18, 1995, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application. on December 21, 1995, 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, 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, � 9 NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees. approves the application of NICOLO DI BARTOW to construct a 20' X 12' bridge, s 47' retaining wall on east side and a .30' retaining wall on west side, and existing retaining wall on 'north side will be removed and every other stave will be removed from existing wall on south side, and approx. 10 c.y. .of fill will be brought in-from upland source, place haybales on up-slope, re-vegetate driveway, and driveway be limited to a 1-family, new drawing reflecting suggestions of Conservation Advisory Committee received in Trustee Office dated 12/21/95, and bridge conform with conditions of Department of Environmental Conservation dated Dec. 4, 1995. Permit to construct project will expire two years from the date it is signed if not started. Fees 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 upon completion of said project. FEES: None Very truly yours, Albert J. Krupski,, Jr. President, Board of Trustees AJK/djh cc. CAC 9 9 MATTITUCK FIRE DISTRIC r P. O Box 666, Pike Street DE C 1 5 1995 Mattituck, New York 11952-0666 _ o f.c 51 e ( 6)w298-883;7 q s a-1 faz`(516)298-8841== Commissioners John A.Keogh,Sect. John C.Harrison,Chairman Barbara Dickerson,Treas. John M.Divello Walter Kosianowski George Lessard,Sr. G.Thomas Woodhull December 13, 1995 Mr. Albert Krupski, Jr., President Board of Town Trustees Town of Southold Town Hall P0 Box 1179 Southold, NY 11971 Dear Mr. Krupski; At last nights regular meeting of the Board of Fire Commissioners your letter of December 7th in reference to the application of Nicolo DiBartolo was discussed. The Board of Fire Commissioners has decided that since Mr. DiBartolo or a member of his family has supplied the department through a phone conversation with directions down the existing Right of Way to his home that it would be inappropriate for us to act on your letter. It is the Boards position that the owner of the property is responsible to supply access and not that of the Board of Fire Commissioners. The Board hopes that this addresses your question and if they can be of any future assistance please do not hesitate to contact them. Sincerely, ohn �eog / 1 S cretary �/ Wg i DEC I8I995 Icy i��t5 _ Wei( 1,4C4,zt� z- Z�S'— Ss� ? .3 ILI 1L l 74: ILI ;�' Ar • ' /.. A A New York State Departa._ ;t of Environmental Conservatic'" ��� ugr�s Building 40 -SUNY, Stony Brook, New York 11790-2356 Phone (516) 444-0365 Fax # (516)-444-0373 .. DEC 18 1995 Michael D.Zagata TOW OF SOU 1 HOLD co oiler December 4, 1995 Mr. Nicolo DeBartolo 214 6• Main Road Laurel, NY 11948 RE: 1-4738-01070/00001-0 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Very truly yours,' Kevin Kispert Environmental Analyst I KAK:cg enclosure NEL K STATE DEPARTMENT OF ENVIRONMENTAL CONSEr"—ION DEC PERMIT NUMBER EFFECTIVE DATE 1-4738-01070/00001-0 December 4 1995 FACILITY/PROGRAM NUMBERS)' p E I T EXPIRATION DATE(S) Under the Environmental December 4, 1998 Conservation Law TYPE OF PERMIT ■ New 0 Renewal 0 Modification 0 Permit to Construct 0 Permit to Operate ■ Article 15, Title 5: Protection 8 _6NYCRR 608: Water Quality 0 Article 27, Title 7; 6NYCRR 360: of Waters Certification Solid Waste Management ❑ Article 15, Title 15: Water 0 Article 17, Titles 7, 8: SPDES 0 Article 27, Title 9; 6NYCRR 373: Supply Hazardous Waste Management 0 Article 19: Air Pollution 0 Article 15, Title 15: Water Control 0 Article 34: Coastal Erosion Transport Management ❑ Article 23, Title 27: Mined Land ❑ Article 15, Title 15: Long Reclamation 0 Article 36: Floodplain Island Wells Management 0 Article 24: Freshwater Wetlands ❑ Article 15, Title 27: Wild, 0 Articles 1, 3, 17, 19, 27, 37; Scenic and Recreational Rivers ■ Article 25: Tidal Wetlands 6NYCRR 380: Radiation Control 0 Other: PERMIT ISSUED TO TELEPHONE NUMBER Nicolo DiBartolo (516) 298-5423 ADDRESS OF PERMITTEE 2146 Main Road Box 325 Laurel NY 11948 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER Same as above NAME AND ADDRESS OF PROJECT/FACILITY DiBartolo Property 2146 Main Road LOCATION OF PROJECT/FACILITY Laurel SCTM #1000-127-3-6.1 & 6.2 COUNTY TOWN WATERCOURSE MY TM COORDINATES Suffolk Southold Brushes Creek E: 705.6 N: 4537.3 DESMIPTICN CF AffFM02M PC'HVIIY Remove northern section of existing deteriorated weir and pilings. Install two retaining walls and place approximately 20 cubic yards of backfiLL. Construct a 201 x 121 open pile bridge and gravel driveway. ALL work must be done in accordance with the attached plans stamped NYSDEC approved on 12/4/95. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2) and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: ADDRESS Roger Evans Bldg. 40, SUNY, Room 219, Stony Brook, NY 11790-2356 AUTHORIZED SIGNATURE DATE December 4, 1995 Page 1 of 5 GT431AL. CMDITICNS Inspections 1. The permitted site or facility, including relevant records, is subject to in- spection at 'reasonable hours and intervals by an authorized representative of the Departmnt of Envirorrrental Conservation (the Department) to determine : Mether the permittee is carplying with this permit and the ECL. Such represen- tative rmy order the mark suspended pursuant to ECL 71-0301 and SAPA 401(3) . copy of this permit, including all referenced maps, drawings and special conditions, mist be available for inspection by the Department at al times at the project site. Failure to produce a copy of the permit upon request by a Departrrent representative is a violation of this permit. Permit Changes and Renenels 2. The Department rese ryes the right to modify, suspend or revoke this permit Wien: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the EIL and pertinent regula- tions is found; b) the permit v%es obtained by misrepresentation or failure to disclose relevant facts; c) newrraterial information is discovered; or d) envirorrrental conditions, relevant technology, or applicable law or regulation have rraterialIy changed since the permit v%es issued. 3. The permittee must submit a separate written application to the Department for ren&%el , n-udi f icat ion or transfer of this permit. Such application mast include any fo m•s, fees or supp I eTenta I info mat i on the. Department requires. Any renenel , modification or transfer granted by the Department mist be in writing. 4. The permittee rrust submit a renenel application at least: a) 180 days before expiration of 'permits for State Pollutant Discharge Elimination System (SFCES) , Hazardous V%ste Nbnagermnt Facilities (t'MF) , ma j or Ai r Po I I ut i on Cant ro I (APC) and So I i d V1hste Nbnagemnt Facilities (SMF) ; and b) 30 days before expiration of all other permit types. 5. lrhIess expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination perviously issued by the Deparvent or any of the terms, conditions or requirsTents contained in such order or determination. Other Lega l C61 i gat i ons of Ferrari ttee 6. The permittee has accepted expressly, by the execution of the application, the full legal responsibility for all damages, direct or indirect, of Wiatever nature and by Wiamver suffered, arising 'out of the project described in this permit and has agreed to indamify and save harmless the State from suits, actions, damages and costs of every rams and description resulting from this project. 7. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the inpai m7ent of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. 8. The permittee is responsible for obtaining any other permits, approvals, lands, ease*rents and rights-of-Key that may be required for this project. Page 2of 5 95-20.6a(7/92)-25c ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 25, 34 and 6 NYCRR Part 608 ( Tidal Wetland ) 9. That if future operations by the State of New York require an al- other environmentally deleterious materials associated with the teration in the position of the structure or work herein authorized,or project. if, in the opinion of the Department of Environmental Conservation 13. Any material dredged in the prosecution of the work herein permitted it shall cause unreasonable obstruction to the free navigation of said shall be removed evenly,without leaving large refuse piles,ridges acfoss waters or flood flows or endanger the health, safety or welfare of the bed of a waterway or floodplain or deep holes that may have a the people of the State, or cause loss or destruction of the natural tendency to cause damage to navigable channels or to the banks of resources of the State,the owner may be ordered by the Department to a waterway. remove or alter the structural work,obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or 14. There shall be no unreasonable interference with navigation by the work revocation of this permit, the structure, fill, excavation, or other herein authorized. modification of the watercourse hereby authorized shall not be com- 15. If upon the expiration or revocation of this permit,the project hereby pleted, the owners, shall, without expense to the State, and to such authorized has not been completed,the applicant shall,without expense extent and in such time and manner as the Department of Environmental to the State, and to such extent and in such time and manner as the Conservation may require,remove all or any portion of the uncompleted Department of Environmental Conservation may require,remove all or structure or fill and restore to its former condition the navigable any portion of the uncompleted structure or fill and restore the site and flood capacity of the watercourse.No claim shall be made against to its former condition. No claim shall be made against the State of the State of New York on account of any such removal or alteration. New York on account of any such removal or alteration. 10. That the State of New York shall in'no case be liable for any damage 16. If granted under 6 NYCRR Part 608, the NYS Department of Environ- or injury to the structure or work herein authorized which may be caused mental Conservation hereby certifies that the subject project will not by or result from future operations undertaken by the State for the contravene effluent limitations or other limitations or standards under conservation or improvement of navigation;or for other purposes,and Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 no claim or right to compensation shall accrue from any such damage. (PL 95-217)provided that all of the conditions listed herein are met. 11. Granting of this permit does not relieve the applicant of the responsi- 17. All activities authorized by this permit must be in strict conformance bility of obtaining any other permission, consent or approval from with the approved plans submitted by the applicant or his agent as part the U.S.Army Corps of Engineers, U.S. Coast Guard, New York State of the permit application. Office of General Services or local government which may be required. Nlcolo D1Bartolo 12. All necessary precautions shall be taken to preclude contamination Such approved plans were prepared by of any wetland or waterway by suspended solids, sediments, fuels, Approved on 12/4/95 solvents,lubricants,epoxy coatings,paints,concrete,leachate or any SPECIAL CONDITIONS 1. Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands and or protected buffer areas. 2. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activity. 3. All areas of soil disturbance resulting from this project shall be stabilized immediately following project completion or prior to permit expiration, whichever comes first. The approved methodologies are as follows: a. stabilization of the entire disturbed area with appropriate vegetation (grasses, etc. ) . b. stabilized as per specifications identified on approved plans. c. Temporarily stabilized with straw or hay mulch or jute matting or other similar natural fiber matting within 1 week of final grading. Temporary stabilization shall be maintained until a mature vegetative cover is established. 5. The storage of construction equipment and materials shall be confined to within the project work site and or upland areas greater than 30 linear feet from the tidal wetland boundary. DEC PERMIT NUMBER 1-4738-01070/00001-0 PROGRAM/FACILITY NUMBER Page 3 of 5 ` 95-20.6f(7/87)-25c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPEC IAUCONDITIONS 25 Tidal Wetland For Article 6. All fill shall consist of "clean" gravel and soil (not. asphalt, slag, flyash, broken concrete or demolition debris) . 7. All peripheral berms, cofferdams, rock revetments, seawalls, gabions, bulkheads etc.. shall be completed prior to placement of any fill material behind such structures. 8. Equipment operation below apparent high water is strictly prohibited. 9. Bulkhead constructed directly adjacent to vegetated tidal wetlands shall be jetted in with no disturbance to' the tidal wetland. Trenching is strictly prohibited. 10. No dredging is authorized by this permit. Supplementary Special Conditions (A) through (F) attached DEC PERMIT NUMBER 1=4738-01070/00001-0 FACILITY ID NUMBER PROGRAM NUMBER Page 4 of 5 "LEMENTARY SPECIAL CONDI7 KB The following conditions apply to all Tidal Wetlands; Freshwater Wetlands; Coastal Erosion Management; and Wild, Scenic,, and Recreational Rivers Permits: A. A copy of this permit, including all conditions and approved plans, shall be available at the project site whenever authorized work is in progress. The permit sign enclosed with the permit shall be protected from the weather and posted in a conspicuous location at the "'-, work site until all authorized work has been completed. - :, B. The permittee shall require that any contractor, project engineer, or other person responsible for the overall supervision of this project reads, understands, and complies with this permit and all its general, special, and supplementary special conditions. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. If any of the permit - conditions are unclear, the permittee shall -contact the Division of Regulatory Affairs at the address on page one or telephone (516) 444-0365. . C. If project design modifications become necessary after permit issuance, the permittee shall submit the appropriate plan changes for approval. by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require submission of a new application for permit. D. At least 48 hours prior to commencement of. the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of the permitted work, the bottom portion of that form shall also be signed and returned, along with photographs of the completed work and, if required, a survey. E. ' For projects involving activities to be undertaken in. phases over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to recommencing work in subsequent years. F. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242 (516) 474-2195, which may be required for any encroachment upon State-awned lands underwater. DEC Permit No.. 1-4738-01070/00001-0 page 5 of 5 itiir.S�Y3:5,�s"�- �S:r_,:.,•.�a�rJ :n^�.,�u.:�Q33nf.vvsL:�:aitiati•.rSu.::rtH,:v-;__fui54:.a:-Rx."aamwa�.i, ::�".:t�;�:t .. '',.:•. _ ';;�._:.c=.-; "'< ..;dfai�a:.zGC.�.r� �,_•,- o��S�FFOL��OG LAURY L. DOWD y:�c THOMAS H. WICKHAM Town Attorney y = Supervisor Q Town Hall, 53095 Main Road P.O.Box 1179 Southold,New York 11971 Telephone(516) 765-1889 Fax(516) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: TRUSTEES FROM: TOWN ATTORNEY RE: EASEMENT FOR DIBARTOLO DATE: DECEMBER 15, 1995 You have asked me to review the court order granting an easement to the applicant. The order provides: The aforesaid easement of right-of-way will terminate if the .plaintiff's land (SCTM No. 100-127.00-3.00-006.01 and 006.02) obtains a roadway for ingress and egress from another road other than Main Road . . . . The key word here is "roadway", and its meaning is not clear. You could decide that roadway means the public road that goes to the border of parcel 006.01, in which case the easement to the Main Road would terminate. Alternatively, you could decide that roadway means driveway access to 006.01 and 006.02, in which the easement to the Main Road would not terminate until and unless you grant approval for the driveway. Please call me if you have questions. LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE ERIC J.BRESSLER ABIGAIL A.WICKHAM 516-298-5300 516-298-6353 TELEFAX NO.516-298-2012 LYNNE M.GORDON JOSEPH C.SAVINO TELEFAX NO.516-298-8565 HUBERT F.SULLIVAN JANET GEASA JEFFREY STARR December 5, 1995 Board of Trustees - --� Town of Southold Town Hall Main Road F Southold, New York 11971 DEC 6 W5 Re: Application of DiBartola Rw ^ 3 Laurel, N.Y. TOWN OF SOUITHOLD� Gentlemen: To clarify one of the questions raised at the hearing last week, the Order of the Supreme Court which I submitted does provide for an 8 foot right of way along the southerly side of the Long Island Railroad. However, this right of way was in effect when the applicant purchased the property, and he purchased with full knowledge of its limited width. The Town cannot require him to have a wider right of way. I have no doubt that when asked, the Fire Department will respond that it would prefer a wider road, but again, there is no legal requirement that one be provided. Further, as I stated at the hearing, the right of way borders the railroad parcel, which is kept cleared and open at all times. In the rare but unfortunate event of an emergency requiring response by a large vehicle, there would be more than adequate room to manuever along the railroad side. In any event, this is not a situation which requires your Board to provide alternate access over a sensitive wetlands area. In further response to one of the questions, it is indeed unfortunate that you were not aware of the true facts concerning the right of way sooner. I was not retained in this matter until two days prior to the hearing and did not obtain a copy of the order until the morning of the hearing. Thank you for your consideration. 7Very 1 y urs, J igail A. Wickham AAW:mh 3 0-shdt-htrs DEC — 5 1995 John W. Harrison ---- -- P. O. Box 352 Laurel , NY 11948 December 3 , 1995 Albert J. Krupski , President Board of Town Trustees Town of Southold 53095 Main Road Southold, NY 11971 Re: Matter of NICOLO DIBARTOLO request for a Wetland permit to construct a 20 ' X 12 ' bridge , etc . Dear Mr. Krupski , I did not attend the Public Hearing on the referenced matter to object to the undertaking but rather, to learn first hand the steps being taken to address the environmental aspects of the project and make you aware of the concerns of my neighbors and myself who live along the creek. I want to thank you and the other members of the Board for your thorough and very considerate response to my concerns. It is worth noting that the very first point you made in explaining the Board' s action was that you were giving positive consideration to this application because the petitioner HAD to find alternate access to his property; under the terms of a court order, his current access route would eventually be terminated. Thanks to the Attorney for Goldenview Estates we now know that his current access will terminate only IF he gains alternate access to his property. It is apparent that the Board and its staff have put a great deal of time and energy into an application submitted without adequate disclosure . As a concerned citizen it appears to me the Town is faced with another situation not dissimilar to the application for a "Parking lot for the use of the employees of the Orient Point Ferry" . Now, the approval of the application by the Board seems to rest on whether or not Fire and other emergency vehicles can access the property via the current right of way. A few questions in this regard have occurred to me and I thought it best to write you and, perhaps , save time and effort at a future meeting. 1 1 John W. Harrison P. O. Box 352 Laurel , NY 11948 Questions : 1 . In the last few years Brushes Creek has experienced several periods of abnormal high tides . The water rose five or six feet above normal high tide level . If the proposed bridge is the only means of accessing the property, how high must it be in order to accommodate exit from the property in case of emergency during one of these periods? Has this been considered in the plans for the bridge? 2 . A new addition to the Mattituck Fire House is being built because , among other reasons, new equipment on order is so large it will not fit through the Fire House door. If the proposed bridge over Brushes Creek is approved, will the structure be strong enough to accommodate the size and bear the weight of this fire equipment? 3 . The present access road to the property is approximately 2 . 5 miles from the Fire Station. The proposed access on Condor Court is approximately 4 . 1 miles from the Fire Station. Is this in the best interest of public safety and his safety? 4 . In order to obtain fire insurance coverage, I understand that fire vehicles must be able to access the property. Does the applicant now have fire insurance coverage on his property? If so , there should be no question of accessibility over the .present right of way. Thank you again for the time and consideration you have extended me in this matter. I 'm sure the above questions have been or are being addressed by the Board. I look forward to learning the response . Sincerely. L //IiJohn W. Harrison. 2 2 Rom, rr/3d/�.s' —`�� At a Trial Term, Part I - of the Supreme sn -m at Law, do hor4b � Court of the State of New York, held pursuant to See. 2105 CPLR, that I in and for the County of Suffolk at have compared the 13'Aregoiric3 %,,ith the the courthouse thereof , located at ra"i83na6 and by `owll i' Nn N3 a try® Bay Shore Mini Center, 1700 Union a / ulevard, Bay Shore, New York on the jrf` day of 1992 . PRESENT: HON. PAUL J. BAISLEY, Justice - - - - - - - - - - - - - - - - - - - - -X ELEANOR DIACHUN and ROSE DIACHUN, n ividual y, and as Successo Co-Administrators of the goods, chattels and credits of MARY DIACHUN, deceased, JUDGMENT Plaintiffs, Index No. 88-014985 against Calendar No. 91-01234EQ HALF HOLLOW NURSERY REALTY CORP. , LLOYD RASWEILER, THE LONG ISL I ROAD OMPANY, GEORGE A. McCARTHY LILLIAN QUA�LLS. an THE PEOPLE OF THE STATE OF ; NEW YORK, ENTERED: 0CT 5 1992 Defendants . . AT. �� : 3o - - - - - - - - - - - - - - - - - - - - -X The issues in this action raised by the Summons, verified Complaint and Notice of Pendency filed herein, by which it appears Plaintiffs brought this action against the Defendants for Judgment pursuant to Article 15 of the ' Real Property Actions and Proceedings Law to determine the location of a certain easement of right-of-way over property owned by the Defendants, Half Hollow Nursery Realty Corp. , The Long Island Rail Road Company, George A. McCarthy and Lillian Qualls and upon the pleadings and all other papers filed herein and all the proceedings had herein, and the matter having been regularly brought on for trial before the Hon. Paul J. Baisley, Trial Term, Part I, held on September 3, 1991, at the courthouse, Bay Shore Mini Center, 1700 Union Boulevard, Bay Shore, New York, the Plaintiffs having appeared by Richard F. Lark, Esq. , their attorney, the Defendants, Half Hollow Nursery Realty Corp. and Lloyd Rasweiler, having appeared by their attorneys, Donald Tirschwell, Esq. and Donald J. White, Esq. , the Defendant, The Long Island Rail Road Company, having appeared by its attorney, Thomas M. Taranto, 'Esq. by Richard J. Berka, Esq. of counsel, the Defendant, George A. McCarthy, Pro Se, and the Defendant , Lillian Qualls , having appeared by her attorneys , Wickham, Wickham & Bressler, P.C. by Hubert F. Sullivan, Esq. of counsel, and the parties and their respective attorneys having stipulated in open court and their Stipulation of Settlement having been transcribed and filed in this action, and after due deliberation, there being no opposition thereto. NOW, on motion of Richard F. Lark, Esq. , attorney for Plaintiffs, it is ORDERED, ADJUDGED AND DECREED, that the Stipulation of Settlement entered into between the parties and their attorneys in open court, on September 3, 1991, is approved and confirmed; and it is further ORDERED, that the title of the action be amended in the captioned action by adding the names of Eleanor Diachun and Rose Diachun, individually as Plaintiffs and without prejudice to the proceedings heretofore had herein; and it is further. ORDERED, that the title of the action be amended striking therefrom the names of the Defendants sued herein as "John Doe" and "Jane Doe" without prejudice to the proceedings heretofore had herein; and it is further -2- ORDERED, that the Plaintiffs' complaint against The People of the State of New York is hereby dismissed; and it is further ORDERED, that the second and third causes of action in the Plaintiffs ' Complaint are hereby dismissed; and it is further ORDERED, that all crossclaims and affirmative defenses of the Defendants interposed in this action are hereby dismissed; and it is further ORDERED, ADJUDGED AND DECREED that the Plaintiffs and the Defendant, Half Hollow Nursery Realty Corp. have non-exclusive easements of right-of-way for the purposes of ingress and egress to and from the Main Road (N.Y.S. Route 25 ) to Plaintiffs' and Defendant, Half Hollow Nursery Realty Corp. ' s lands which are shown on the Suffolk County Tax Map as District 1000, Section 127 .00 , Block 03 .00 , Lots 006.001 and 006.002 , and District 1000, Section 127 .00 , Block 03.00 , Lot 007 .000 . . Said easements of right-of-way are now shown on the map entitled "Rights-of-Way in Favor of Mary Diachun Estate and Eleanor and Rose Diachun at Laurel, Town of Southold, New York" surveyed Oct. 211 1991, last amended July 23 , 1992 , by Roderick Van Tuyl, P.C. , which is attached to the Judgment as Appendix A and which right-of-way is more particularly bounded and described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being at Laurel, Town of Southold, County of . Suffolk and State of New York, bounded. and * described as follows: BEGINNING at a point on the southeasterly line of Main Road (N.Y.S. Route 25 ) 7 .03 feet southwesterly along said line from a monument set at the north- easterly corner of land of Lillian Qualls and the northwesterly corner of land of Sawicki; running -3- thence through said land of Qualls the following two ( 2) courses and distances: (1) South 200 17' 30" East 112 . 72 feet; and (2) South 22' 06' 30" East 164 .29 feet to land of George McCarthy; thence along said land of McCarthy South 22' 06 ' 30" East 40. 75 feet to said land of Sawicki; thence along said land of Sawicki South 20° 17' 30" East 687 .19 feet to land of The Long Island Rail Road Company; thence through land of The Long Island Rail Road Company South 20' 17' 30" East 71 .69 feet to land of Half Hollow Nursery Realty Corp. ; thence westerly through land of Half Hollow Nursery Realty Corp. along a course which is 8 feet southerly of the northerly property line of Half Hollow Nursery Realty Corp. to land of Diachun; thence along land of Diachun North 370 34' 20" West 10 .05 feet to a monument and. land of The- Long Island Railroad Company; thence along land of The Long Island Railroad Company. the following three (3) courses and distances: (1) North 46* 43 ' 10 " East 428.12 feet; (2 ) Northerly on a curve to the left having a radius of 27. 07 feet and an arc of 31 .66 feet; and (3) North 200 171 30" West 53. 77 feet to land of George McCarthy; thence along said land of McCarthy the following three (3 ) courses and distances: (1) North 20° 17 ' 30" West••692 .28 feet; ( 2) South 69° 42 ' 30" West 2 .0 feet; and (3 ) North 21° 33' 00" West 41 .27 feet to said land of Lillian Qualls; thence through said land of Qualls the following two ( 2) courses and distances: (1 ) North 210 33' 00" West 163 .73 feet; and (2) North 200 17 ' 30" West 108.0 feet to the southeasterly line of Main Road (N.Y.S. Route 25 ) ; thence along said line North 470 230 East 12.97 feet to the point or place of BEGINNING; and it is further ORDERED, ADJUDGED AND DECREED that the easement of right-of- way is limited to the passage of passenger, utility company and farm vehicles and no utility lines such as water, gas and electric are allowed to be placed thereon. The Plaintiffs are responsible for the maintenance of the aforedescribed right-of-way area, with the exception of the blacktop surface area as it crosses land of the Defendant, Lillian Qualls; and .it is further ORDERED, ADJUDGED AND DECREED that as long as said easement of right-of-way is in existence Plaintiffs, their successors and -4- assigns will be responsible for obtaining and maintaining a liability insurance policy of $100 ,000/$300 ,000 coverage naming the Defendants, Half Hollow Nursery Realty Corp. , The Long Island Rail Road Company, George A. McCarthy and Lillian Qualls, their successors and assigns, as additional named insured; and it is further ORDERED, ADJUDGED AND DECREED that theme o e semen of r�g,ht—o f----w w l ter-cmi=rca� e i f= t�e Pl aYian t'i�f�f-�s `am'd (S CT M No. 1000-127 .00-03 .00-006 .001 and 006 .002') ob� ti�asa-, r�oadw.,ayfo ingxess and egress=fr-om anath road oth_ex t°Kan M`a n RVadff' Mew York�Stat_e R:ouete�2,5� o��the�te=rm:i�nat:=irai��o'f�=th��ex _stence�o£ the-one family we=lling--.on-=tt�:e�-pem ; -e:sQ;• and it is further -� _- ORDERED, ADJUDGED AND DECREED that the Plaintiffs will reimburse the Defendant, Half Hollow Nursery Realty Corp. the sum of Five Thousand and 00/100 ($5, 000 .00 ) Dollars towards the cost of a fence to be installed on the land of Half Hollow Nursery Realty Corp. which is to be constructed no closer than nine .(91 ) feet from land of The Long Island Rail Road Company on the southerly side of the aforedescribed right-of-way as 'shown on Appendix A; and as security for the $5,000 .00 , Plaintiffs, Eleanor Diachun and Rose Diachun, will execute a mortgage which will be due and payable, without interest, on September 2 , 2001 or on the sale of Plaintiffs ' land to a third party, whichever event occurs first; and it is further ORDERED, ADJUDGED AND DECREED that all legal , recording fees, New York State mortgage recording tax and any other expenses incurred in the preparation and recording of said mortgage will be payable by the Defendant, Half Hollow Nursery Realty Corp. ; and it -5- is further ORDERED, ADJUDGED AND DECREED that the Defendant, Half Hollow Nursery Realty Corp. , from the date of the entry of this Judgment, will have an easement of right-of-way, as shown on Appendix A, in the Town of Southold, Suffolk County, New York, bounded and described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being at Laurel, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southeasterly line of Main Road (N.Y.S. Route 25 ) 7 .03 feet southwesterly along said line from a monument set at the -north— easterly corner of land of Lillian Qualls and the northwesterly corner of land of Sawicki; running thence through said land of Qualls the following two ( 2) courses and distances: (1) South 20° 17' 30" East 112 .72 feet; and (2) South 220 06 ' 30" East 164 . 29 feet to land of George McCarthy; thence along said land of McCarthy South 22° 06' 30" East 40. 75 feet to said land of Sawicki; thence along said land of Sawicki South 20° 17' 30" East 687 .19 feet to land- of The Long Island Rail Road Company; thence through land of The Long Island Rail Road Company South 20° 17' 30" East 71 .69 feet to land of Half Hollow Nursery Realty Corp. ; thence along said land South 46° 43' 10" West 13 .04 feet; thence through land of The Long Island Rail Road Co. North 20° 17' 30" West 71 .69 feet to land of George McCarthy; thence through land of McCarthy the following three (3) courses distances: (1 ) North 200 17' 30" West 692 .28 feet; ( 2) South 690 42' 30" West 2. 0 feet; and (3 ) North 210 33 ' 00" West 41 .27 feet to land of Lillian Qualls; thence trough said land of Qualls the following two ( 2) courses and distances: (1) North 21° 33 ' 00" West 163 .73 feet; and (2) North 20° 17 ' 30" West 108.0" feet to the southeasterly line of Main Road (N.Y.S. Route 25 ) ; thence along said line North 470 23 ' East 12 .97 feet to the point or place of BEGINNING; and it is further ORDERED, ADJUDGED AND DECREED that the aforesaid easement of -6- i right-of-way in favor of the Defendant, Half Hollow Nursery Realty Corp. will terminate when the reinstated farm crossing across the Defendant, The Long Island Rail Road Company ' s property is removed; and it is further ORDERED, ADJUDGED AND DECREED that the Defendant, The Long Island Rail Road Company, will do all construction work necessary to reinstate the farm crossing as it crosses the railroad track between lands of Defendants, Half Hollow Nursery Realty Corp. and George A. McCarthy, within sixty (60). days after the entry of this Judgment, provided the Plaintiffs' surveyor, Roderick Van Tuyl, P.C. coordinates the exact location of the reinstated farm crossing with the Defendant, The Long Island Rail Road Company' s engineers; and it is further ORDERED, ADJUDGED AND DECREED that the reinstated farm crossing on land of Defendant, The Long Island Rail Road Company, will -be of the same type of construction and characteristics as the former farm crossing and it will remain in this location, unless authorized to be removed by a Court Order, at which time it will be removed within sixty (60 ) days after entry of said Order; and it is further ORDERED, ADJUDGED AND DECREED that a certain right-of-way heretofore reserved to the 'Defendant, George A. McCarthy, in deeds dated May 31, 1950 and recorded in the Suffolk County Clerk' s Office on May 31, 1950 in Liber 3082 Page 319 , and September 13, 1951 and recorded in the Suffolk County Clerk' s Office on November 26 , 1951 in Liber 3293 Page 52 over the easterly 12 feet of land of the Defendant , Lillian Qualls, leading from the land of the Defendant, George A. McCarthy, to the Main Road (New York State -7- Route 25 ) is released and extinguished and in its place and stead Defendant , George A. McCarthy, from the date of entry of the Judgment herein, will have an`�eas,ement of right-of-way in perpetuity from his land to the Main Road (New York State Route 25 ) over the land of the Defendant, Lillian Qualls, for the purpose of ingress and egress for passenger cars, farm vehicles and other utility company vehicles, which easement of right-of-way is more particularly bounded and described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being at Laurel, Town of Southold, County of Suffolk and State of New York, 'bounded and described as follows : BEGINNING at a point on the southeasterly line of Main Road (N.Y. S. Route 25 ) 7 .03 feet southwesterly along said line from a monument set at the' north- easterly corner of land of Lillian Qualls and the northwesterly corner of land- of Sawicki; running thence through said land of Qualls the following two (2 ) . courses and distances: . (1) South 200 17' 30" East 112 .72 feet; and (2) South 22' 06 ' 30" East 164 ,29 feet to land of .George McCarthy; thence along said land of McCarthy South 710 49' 30" West 13 .61 feet to land of Lillian Qualls; thence through land of Qualls the following two (2 ) courses and distances: (1) North 21° 33 ' 00" West 163 .73 feet; and (2) North 20° 11' 30" West 108. 0 feet to the southeasterly line of Main Road (N.Y.S. Route 25 ) ; thence along said line North • 470 23' East 12 .97 feet to the point or place of BEGINNING; and it is further ORDERED that the entry of this Judgment herein is without costs and disbursements to any party. r E N T E R GRANTED PAUL J. BA�SfL OCF. 15 1992 5 1992 J.S.C. Edward P. r orrrain6 � CLNWE(}}OF �'.. aAft,[F Clerk of .. ��nty; ` L� a�h�catt�tt' . 0=15uG JUCIUS=F3LUM ucli(i=IIVG:`=� -- - - " "PATE OF NEW YORK, COUNTY OF ss.: - the undersigned, an attorney admitted to practice courts of New York State, Certification certify that the within By Attorney has been compared by me with the original and found to be a true and complete copy. Attorney's state that I am Affirmation the attorney(s)of record for. in the within action; I have read the foregoing and know the contents thereof,. the same is true to my own knowledge,except as to the matters therein alleged to be on information and belief, and as to those matters I believe it to be true.The reason this verification is made by me and not by The grounds of my belief as to all matters not stated upon my own knowledge are as follows: f affirm that the foregoing statements are true, under the penalties of perjury. late ..."""............"`. .................................._......................................... The name signed must be printed beneath TATE OF NEW YORK,COUNTY OF SS.: being duly sworn,depose and say: I am Verification Individual in the within action; I have read the foregoing and know the contents thereof;the same is true to my own knowledge,except as to the matters therein stated to be alleged on information and belief,and as to those matters I believe it to be true. Corporate the of - Verification' a corporation and a party in the within action; I have read the foregoing and know the contents thereof;and the same is true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. This verification is made by me because the above party is a corporation and 1 am an officer thereof. he grounds of my belief as to all matters not stated upon my own knowledge are as follows: ...................................."•".............."`.........._................................. worn to before me on 19 The name signed must be printed beneath TATE OF NEW YORK,COUNTY OF ss.: (If more than one box is checked —indicate after names type of service used.) being sworn,say: I am not a party to the action,am over 18 years age and reside at n 19 I served the within El Service, by depositing a true copy thereof enclosed in a post-paid wrapper, in an official depository under the exclusive care and By Mail custody of the U.S. Postal Service within New York State, addressed to each of the following persons at the last known address set forth after each name: Personal by delivering a true copy thereof personally to each person named below at the address indicated. I knew each person served Service on to be the person mentioned and described to said papers as a art therein: Individual p }� p y Service By by transmitting the papers by electronic means to the telephone number listed below,which number was designated by the Electronic attorney for such purpose. I received a signal from the equipment of the attorney served indicating that the transmission was Means received. I also deposited a true copy of the papers, enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the U.S. Postal Service, addressed to the attorney at the address set forth after the name: El Dernight by depositing a true copy thereof,enclosed in a wrapper addressed as shown below,into the custody of ry Service for overnight delivery, prior to the latest time designated by that service for overnight delivery. ....`•""`................e .m.sig.n.......t.be p.......be.ai........................... turn to before me on 19 The name sign must be rioted be. I Cal M.- 91-01.234EQ NOTICE OF ENTRY Index No. 88-07-4985 Year 19 - 7 Sir:-Please take notice that the within-is a(certified) true copy of a Judgment SUPOM ` OF TM S= OF ITT Y= ' OF S duly entered in the office of the clerk of the within 'Yh'FOLR named court on October 15, 19 92 EUMNOR DIACHUN and FDM.D Individually; and as Sir i Dated, October .19 , 1992 C D-A&4inistiat=8 of the goods, - Yours,etc., chattels and erecuts of M W RICHARD F. LARK j j Arto►nerfor Plaintiffs Plaintiffs, I a4giTffit _ i Office and Post Office Address II MAIN ROAD—P.O.BOX 973 EXF-E0LT1IW NUESM IU9 ' `I CUTCHOGUE,NEW YORK 1 1935 LWM RAM=r ME L= M.&M TO: DONALD TIRSCHWELb- ESQ. RAM ROAD OCMPANY, G1308M A. DONALD J. WHITE ,E§Q. McMIRM, L11= 2d OMWZ, and T { Attorney f r D fenda t H 1ff Hol1 w p E OF TM STATE OF NI T Y01R Nursery eaQty Corp� loy� Rasweller y To: THOMAS M. TARANTO, ESQ. �ttyrne� 6or Defendant, Long Island Defmts• - j'°; TO: =aflbxroOaraWImpan ,WICKHAM & $RESSLER P.C. Attorney forRDe endant, Lillian Quails . TO: GEORGE A. McCARTHY Pro Se JUDC,i�IENT NOTICE OF SETTLEMENT Sir:-Please'take notice that an order -- I of which the within is•a true copy will be presented ifor settlement to the Hon. RICHARD F.-LARK f Attorneyfor plaintiffs one of the judges of the within named Court, at Office and Post Office Address. Telephone on 19 MAIN ROAD—P.O.BOX 973 CUTCHOGUE.NEW YORK 1 1935 at M. i t5161734-6e07 Dated, Yours,etc., RICHARD F. LARK To Attorney for _ Office and Post Office Address Attorney(s)for } MAIN ROAD—P.O.BOX 973 CUTCHOGUE;NEW YORK 1 1935 Service of a copy of the within i I is hereby admitted. ` Dated, i t To i ....................•--•------........_..---•----•---......•......------ Attorney(s)for Attorney(s)for ROIXI-JULIUS BLUMBERG.INC..LAW BLANK PUBLISHERS-NYC 1UG13 NEW YORK'STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTICE OF COMPLETE APPLICATION APPLICANT: NICOLO DIBARTOLO 2146 MAIN RD BOX 325 LAUREL NY 11948 APPLICATION ID: 1-4738-01070/00001-0 ' _ Date: NOVEMBER 03, 1995 PERMITS APPLIED FOR: 1 ARTICLE 15, TITLE 5: EXCAVATION & FILL IN NAVIGABLE WATERS 1 SECTION 401 - CLEAN WATER ACT: WATER QUALITY CERTIFICATION 1 ARTICLE 25: TIDAL WETLANDS PROJECT IS LOCATED IN SOUTHOLD IN SUFFOLK COUNTY. PROJECT DESCRIPTION: THE APPLICANT PROPOSES TO CONSTRUCT 2 RETAINING WALLS, A 20' BY 12' OPEN PILE BRIDGE, AND GRAVEL DRIVEWAY TO GAIN ACESS TO THE WEST'SIDE OF THE PROPERTY. THE BRIDGE WILL BE CONSTRUCTED OVER TIDAL WETLANDS AND IN PLACE AN EXISTING DETERIORATED WEIR. THE PROJECT IS LOCATED AT 2146 MAIN ROAD, SOUTH OF THE LONG ISLAND RAIL ROAD AND EAST OF CONDON COURT, IN THE VILLAGE OF LAUREL, SOUTHOLD TOWN, SUFFOLK COUNTY, SCTM# 1000-127-3-6.1- 6.2. STATE ENVIRONMENTAL QUALITY REVIEW(SEQR)DETERMINATION: SEQR - 2 Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file. SEQR LEAD AGENCY TOWN OF SOUTHOLD STATE HISTORIC PRESERVATION ACT(SHPA)DETERMINATION: SHPA - 2 A Structural-Archaeological Assessment Form has been completed. The proposed activity will not have any impact on registered, eligible or inventoried archaeological sites or historic structures. No further review in accordance with SHPA is required. THIS PROJECT IS LOCATED IN A COASTAL MANAGEMENT AREA AND IS SUBJECT TO THE WATERFRONT REVITALIZATION AND COASTAL RESOURCES ACT. AVAILABILITY FOR PUBLIC COMMENT: CONTACT PERSON: Comments on this project must be KEVIN A KISPERT submitted in writing to the Contact NYSDEC Person no later than 12/01/95 SUNY CAMPUS, BUILDING 40 STONY BROOK NY 11794 (516) 444-0365. TO THE APPLICANT: t. THIS IS NOT A PERMIT 2. This is to advise you that your application is complete and a review has commenced.Additional information may be requested from you at a future date,if deemed necessary,in order to reach a decision on your application. 3. Your project is classified MAJOR. Accordingly,a decision will be made within 90 days of the date of this Notice.If a public hearing is necessary,you will be notified within 6d days and the hearing will commence within 90 days of the date of this notice. If a hearing is held,the final decision will be made within 60 days after the hearing is completed. 4. Publication of this Notice in a newspaper is required.Consult the accompanying Instructions for Newspaper Publication. NOV. „ 1. 31 99 I. , CC:Chief,Executive Officer ENB pp ggg u File ��..��� c.,r'k,.l� a ��gpFFO(,�coG Albert J. Krupski,President Town Hall�O y� John Holzapfel, Vice President � ,� 53095 Main Road cz William G. Albertson y = P.O. Box 1179 Southold,New York 11971 Martin H. Garrell �,j, • �� Peter Wenczel 'fJp! �a0 Telephone (516)765-1892 Fax(516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD S.E.Q>.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT' APPLICATIONNO. 1000-127-3-6.1 Chapt. 97 - Wetlands NAME: NICOLO DE BARTOLO Chapt. 37 - Coastal Erosion DATE: Oct. 26, 1995 RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees., as Lead Agency for the action described below, has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration 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. TYPE OF ACTION: Type: I DESCRIPTION OF ACTION: Applicant requests permit to construct a bridge and driveway as per revised plans dated and received in our office on 10/18/95. LOCATION: 475 Condor Court, Laurel REASONS SUPPORTING THIS DETERMINATION: 1. An on site inspection has been conducted by the Board of Trustees. 2. An environmental assessment, submitted by- the applicant. and reviewed and completed by the Board of Trustees, has indicated that, no significant adverse effects to the environment are likely to occur' should the project be implemented as planned. cc. CAC DEC r OCT 2 0 1995 October 17, 1995 TOWN ®I SOUTH LD : Town Trustee Town of Southold, New York Attention: Mr. Albert Krupski, President RE: Nicolo Di Bartolo Wetland Permit DEC ID-1-4738-0170/00001-0 Dear Mr. Krupski: Please accept the enclosed modifications to the bridge plan. These modifications were based on on-site discussions and recommendations made by DEC Regional Manager, Mr. Louis Chiarella and Trustee John Holzapfel, Mr. Larry Tuthill and myself. I believe these modified plans meet the requirements of NYSDEC and the Town Trustees. TLWU OassA"eac ilk=see he changes which are summarized below: 1. Remove existing north bulkhead. 2. Extend existing south bulkhead 10 feet at an elevation of 5 feet below existing bulkhead. 3. Construct proposed west retaining wall 17 feet instead of 16 feet and extend an additional lateral retaining wall 13 feet, sloped from 5 feet to 2'/feet. 4. Extend from the proposed 16 foot east retaining wall, a lateral retaining wall extending 13 feet sloped from 5 feet to 2'/ feet, and further 18 feet at an equal elevation of 2'/z feet. ,5. No fill on the north side of bridge where proposed retaining walls will be built. October 17, 1995 Southold Town Trustees Page 2 The proposed construction has been staked out and may be reviewed by the trustees if necessary. The consideration of this modified application at the next regularly scheduled meeting will be appreciated. Sincerely yours, N. Di Bartolo cc: Mr. Kevin Kispert (w/attachments) Please consider this letter with attachments as modification to my application I D-1-4738-0170/00001-0 to be reconsidered for the issuance of the permit requested. Thank you for your attention to this matter. P.O.Box 325,Laurel,New York 11948-0325 (516)298-8876 LOCT 11995 TOWN OF SOUTHOI.O October 10, 1995 Southold Town Trustees Southold, New York Attention: Albert J. Krupski, President Dear Mr. Krupski: Thank you for the opportunity given to me to present information at the work session on September 28, 1995. I've been informed that a discussion will be held on October 12, 1995 among trustees and Mr. Louis Chiarella of DEC at which time my application will be one of the matters to be addressed. I wish to re-emphasize several points which I ask that the trustees and Mr. Chiarella consider during discussions: 1. I and my engineer will be available at your convenience if necessary. r- 2. The bridge project is totally on private property. 3. No other party will be affected. 4. The sole purpose is access to public street. 5. The minor fill of approximately 200 square feet is entirely between two existing structures where erosion has occurred along the structures. It is questionable whether this part should be considered wetland. In fact, at one time, an earthen dam and roadway existed as shown by the enclosed 1924 survey. 6. The 200 square feet is but an infinitesimal portion of this 18 acre parcel of which approximately half is wetland not being touched. 7. There is absolutely no gain in land for other uses. 8. The.project will only enhance the overall wetland area. J J October 10, 1995 Southold Town Trustees Page 2 Your consideration of all the above, especially the prior existence of an earthen dam and more recent erosion will be appreciated. The State Agency, M.T.A., I'm sure would also consider this project desirable as it would eliminate the current dangerous crossing and its inherent expense. Thank you again. Sincerely yours, Di artolo P.S. Please provide copy of this letter to Mr. Chiarella Enclosure cc: D.E.C. Attn: Mr. Louis Chiarella P.O.Box 325,Laurel,New York 11948-0325 (516)298-8876 RAYMO ND L . J A COB S SUPERINTENDENT.- �y • ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT bO�. Fax (516)-765-1750 �01 [ l��O (516)-765-3070 O F F I C E O F THE E NG I NE E R TOWN OF SOtJTHOLD OCTOBER 11, 1995 Mr . Albert Krupski President - Town Trustees Town Hall, 53095 Main Road Southold, New York 11971 - ra LIN Re: Condor Court Cul-De-Sac OCT 11 191% Goldenview Estates, Laurel SCTM # : 1000-127-09-33 TOWN OF SOUTHOM Dear Mr . Krupski: The above referenced subdivision, including the Cul-De-Sac on Condor Court has recently been dedicated to the Town of Southold. I have enclosed photo copies of the Subdivision Map and the County Tax Map for your reference . As you can see, the property line indicating the Town Right-of-Way and Mr. Dibartolo ' s property line are one and the same. There is no private property between the Cul-De-Sac and Mr Dibartolo' s parcel that could prevent him from obtaining access by way of Condor Court . If you have any questions concerning this matter, please contact my office . S' erely, m s A. Richter, R.A. cc: Raymond L. 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I u• LINE .• 'bo• (,e �.•` •.b �1 �4'-— ..I`a.� • r•s e•�. nn+.us=e .....mN•. ..:f•:ruPe row " Yu.•.eL f.•R_ l!pind •c.41s _ _ NErNAP © COUNTY OF SUFFOLK TOWOr Sou-mar) I wc?1o_NNO [•rlllr PI••ONr41ll+. _—[--- nt2•..I D•aMIV•__.N.—• SMw•Ir LV Nw 1)•1 • - - r� b�lw ____ ENr Dlu:oll.. _—•-_.. ldrOn•I•rtw__.E.-- DuI O...ow „ . y7-.-=---..__=ee ^ Real Property Tax Service Agency ♦ILLAOl OF I G7 ---- V.I.•.LW ----- LI�.I pImNI L+a __.L.—. UrLlu. 2 k�N a•rur Q'• — - ---- - !, ya Ka[wt[tr ---- Y.dU.N _�-- Pn3DD•InLlu _—.I-- Pr.dM•. 23 adr.. IIAUI Covn,y Gnlu DIS[RK]N0. 1000 f.L.Y a.wlLw __><N_. f..r p•nl.LLw _—.!_-- wera•r•ws N. 4211 c♦..Lw r.. n•nl '[• RiLorh•od,L.I.,N•w York _ PROP@RiY MAP aN a c.rY.na O��cvFF01.,Y��G z Town Hall, 53095 Main Road 'T Telephone P.O. Box 1179 � �' � � (516) 765-1801 ®� Southold, New York 11971 SOUTHOLD TOWN In I CONSERVATION ADVISORY COUNCIL0. SEP 2 5 1995 '] 9n ir' 0 L� At a meeting of the Southold Town Conservation Advisory Council held "Thursday, September 21,_- ,1995 the following recommendation was made: No. 1297 Moved by Allan Connell, seconded by Stephen Angell, it was RESOLVED to recommend to the Southold Town Board of Trustees "D'I'S'A�PPROVAL AS SUBMITTE_� the Wetland Application of NIGOLA DIBARiTlO O 127-3-6.1 E 6.2 to construct a bridge to allow access from existing residence to public street (Condor Ct.) . 475 Condor Ct., Laurel The„Council recommends disapproval of the application as submitted because it: 1 . Disturbs the environment to a great extent. 2. The proposed bridge configuration is restrictive to water flow. 3. The amount of fill would degrade the estuary. The Council suggests the applicant consider an open bridge concept. Vote of Council: Ayes: All Motion carried. �J ^ FEP z s �s La" -7744�6-�-Z-;,-a-,:4�-- F TOWN OF 50UTH0 � 4l2iCgtio 65srrr.r A16 e174� 7Z,,�4 !!Ii;!,-7,&,4,va- eb -AIX 17s D Albert J. Krupski,President Town Hall John Holzapfel, Vice President y< 53095 Main Road William G. Albertson co P.O. Box 1179 Martin H.-Garrell AUG 2 31995 Southold, New York 11971 Peter Wenczel Telep hone (516) 765-1892 Fax:(516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD LEAD AGENCY COORDINATION REQUEST TO: WHOM IT MAY CONCERN DATE: 8/21/95 Enclosed is a permit application and a completed part I of the Environmental Assessment Form. Southold Town Trustees are interested ih your ageny' s comments in acting as SEQRA Lead Agency for: NAME:,! NICOLO DI BA:RTOLO LOCATION: _ gnc­of--Condor-Gt.- (475 Condor Ct. ) Laurel TAX MAP: 1000-127-3-6.1 & 6.2 PERMIT # Pending DESCRPTN: (See attac d) PERMIT REQUIRED: ( TOWN WETLAND OTHER SEQRA CLASSIFICAT XON: Type I " Type II UNLISTED CEA Please contact Albert J. Krupski, Trustee ' President, 30 days and be advised that the Southold Town Trustees O(WAN7T MDO NOT WANT) to assume lead agency. 7 1 SENT TO: DOS DEC DOH PB ZBA BLD ACE CAC Please complete, detach and return this form to expedite processing. Involved Agency:. Project Name: Location: SCTM_ We at _(Haveloo objection to Southold Town AGENCY Trustees assuming Lead Agency. Comments/Reasons: K(fpo%T-- C-_X1 D SEP 5 19,95 Signature of Authorized Representative TOWN OFSOUTHOLPJ E�t„ STATE OF NEW YORK DEPARTMENT OF STATE ALBANY, NY 12231-0001 ALEXANDER F. TREADWELL SECRETARY OF STATE August 31, 1995 Mr. Albert J. Krupski, Jr., � President SEP - 5 1995 Board of Town Trustees Town Hall �` P.O. Box 1179 TOWN OF "'OUT HOLD Southold, New York 11971 Re: Lead Agency Coordination Request for Proposal by Nicolo Di Bartolo, Condor Court. Dear Mr. Krupski: Thank you for submitting the above mentioned Lead Agency Coordination Request to the Department of State (DOS). Please note that DOS does not object to Southold Town Trustees assuming Lead Agency status. If during the course of your review it is determined that a federal permit or federal funding is required for any portion of the proposed project, please instruct the applicant to submit a Federal Consistency Assessment Form (FCAF) and supporting information to the U.S. ACOE/NY with a copy to Ms, Diana Boos at the Department of State. Upon receipt, we will determine if the submitted information is adequate to commence a formal review of the project. If you have any questions, do not hesitate to call me at (518) 474��00. l Walter F. Meyer Coastal Resources Specialist Consistency Review Unit Division of Coastal Resources and Waterfront Revitalization Attachment WFM/wfm c. U.S. ACOE/NY - Sophie Ettinger file RECYCLED PAPER J �StaFFO(� DEPARTU'"a OF STATE Albert J. Krupski,President �p�. OG COASTAL PROGRAMS Town Hall John Holzapfel,Vice President coy:'c A U 2 53095 Main Road William G. Albertson ti Z 1� P.O. Box 1179 O �C����QSouthold, New York 11971 Martin H. Garrell • `� r1 Peter Wenczel y�4 �.ap! Telephone (516)765-1892 :_-Eac (516)765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD LEAD AGENCY COORDINATION REQUEST TO: WHOM IT MAY CONCERN DATE: 8/21/95 Enclosed is a permit application and a completed part I of the Environmental Assessment Fotm. Southold Town Trustees are interested iIi your ageny' s comments in acting as SEQRA Lead Agency for: NAME: NICOLO DI BARTOLO LOCATION: . Enc of Condor Ct. (475 Condor Ct.) Laurel' TAX MAP: 1000-127-3-6.1 & 6.2 PERMIT # Pending DESCRPTN: (See attac d) PERMIT REQUIRED: ( TOWN WETLAND ( ) OTHER SEQRA CLASSIFICAT ON: ( ) Type I Type II ( . ) UNLISTED CEA Please contact Albert J. Krupski, Trustee President,C(WAJN7T 30 days and be advised that the Southold Town Trustee /(DO NOT WANT) to assume lead .age4cy. SENT TO: DOS DEC DOH ( ) PB ( ) ZBA ( ) BLD ( ) ACE-.( ) I CAC Please complete, detach and return this form to expedite processing. Involved Agency:. Project Name: Location: SCTM: ,n, We at !v1 (Have/No objection to Southold Town AGENCY Trustees assuming Lead Agency. Comments/Reasons: DMSE' Signatur of thorized. Representative ' to � ersouTho�o (- ��/P9s CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the 2 5 th day of Ap r i 1 , nineteen hundred and ninety-f our 'FER BETWEEN ELEANOR DIACHUN, residing at (no . #) Peconic Bay Boulevard, 00 Laurel, New York 11948 and ROSE DIACHUN, residing at 875 School House Road, Cutchogue, New York 11935 , both Individually and SVccessor Co- >z as/admmistratogtDh of the Estate of Mary Diachun - late of Suffolk County, New York, File #517 A 1984 ,who died intestate on the 3rd day of June , nineteen hundred and eighty-four party of the first part, and NICOLO DiBARTOLO and CAROLINE S. DiBARTOLO, his wife, residing at 2146 Main Road, Laurel, New York 11948 paity of the second part, N WITNESSETH, that whereas letters'of administration were iAssued tg thpar%tithe first part ug by the Surrogate's Court Suffolk County, New York on Julu3sl8, 1991 an��iy virtue of the power and authority given by Article 11 of the Estates, Powers and Trusts Law, and in consideration of TWO HUNDRED TEN"THOUSAND and 00/100-------------------------------- -----------------' -- - ($210 ,000. 00) ------------------------------dollars t_ paid by the party of the second part, does hereby grant and release unto the party of the second part, the distributees or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and beingimtkoc at Laurel, Town of Southold, County of Suffolk and State of New York; being bounded and described on Schedule A which is attached hereto. a MAY 161995 TOWN OF SOOTHOL® Page 2 of 6 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances, and also all the estate which the said decedent had at the time of the decedent's death in said premises, and also the estate therein, which the party of the first part has or has power to convey or dispose of, whether individ- ually or otherwise; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the distributees or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. Subject to the trust fund provisions of section thirteen of the Lien Law. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part had duly executed this deed the day and year first above written. IN PRESENCE OF: Eleanor Diach , both Individually and as Successor Co-Administrator of the Estate of Mary Diachun- Rosle Diachun, both Individually and as Successor Co-Administrator of the Estate of Mary Diachun SCHEDULE A SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Laurel , Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a concrete monument set in the Northeasterly corner of the premises to be described herein, said point also being the dividing line of the Northwesterly corner of the land now or formerly of Rasweiler, the Northeasterly corner of the premises to be described herein, and the land of the Long Island Railroad Company; running thence along the land now or formerly of Rasweiler, the following four ( 4 ) courses and distances: (1 ) South 370 34' 20" East 263 .31 feet to a concrete monument; ( 2 ) North 610 17' 00" East 95. 05 feet to a concrete monument; (3) South 29° 19' 40" East 517 .90 feet to a concrete monument; (4 ) South 17° 48 ' 40" East 740. 64 feet to the land now or formerly of T. Diachun; thence South 60° 01 ' 20" West along the land now or formerly of T. Diachun and the Northerly lot line of Lot 7 as shown on a certain map entitled, "Map of Golden View Estates" , as filed in the Office of the Clerk of the County of Suffolk as Map Number 7770 , 420.26 feet to a concrete monument and the Easterly line of Lot Number 8 on the aforesaid map; thence North 310 54 ' 30" West along the said Easterly line of Lot Number 8 and the Easterly side of a recharge basin as shown on the said "Map of Golden View Estates" 173. 70 feet; thence North 120 30 ' 30" West still along the Easterly side of said recharge basin 138 .69 feet to a concrete monument; thence North 630 58' 20" West along the Northeasterly side of said recharge basin and the Northeasterly side of Condor Court as both are shown on the said "Map of Golden View Estates", 208 .05 feet to a concrete monument and the Easterly side of Lot 15 on the aforesaid map; thence North 44° 34' 10" West along the said Easterly side of Lot 15 and the Easterly side of a "Park and Recreation Area" as shown on the said "Map of Golden View Estates" 213 . 35 feet to a concrete monument and the Southeasterly side of said "Park and Recreation Area" ; thence North 30 29 ' 10" East along the said Southeasterly side of the said "Park and Recreation Area" 356 . 56 feet to a concrete monument and the land now or formerly of K. Leeds; thence North 34' 09 ' 50" West along the land now or formerly of K. Leeds 424 .26 feet to the land of the Long Island Railroad Company and the Northwesterly corner of the premises described herein; thence North 460 43 ' 10 " East along the land -of the Long Island Railroad Company 432 .59 feet to the point or place of BEGINNING. TOGETHER WITH the benefits and SUBJECT TO the burden of a certain right of way to Main Road being bounded and described as follows: BEGINNING at _a point on the Southerly side of Main Road, said point bearing South 470 23 ' 00 " West 7 .03 feet from a concrete monument set in the said Southerly side of Main Road marking the Northeasterly corner of the land now or formerly of Qualls and the Northwesterly corner of land now or formerly of Sawicki; said monument also being 2,077 feet, more or less , Easterly from the Easterly side of Laurel Lane; running thence South 20° 17 ' 30" East, through the land now or formerly of Qualls 112 .72 feet; thence South 22° b6 ' 30" East, still through land now or formerly of Qualls and the Page 4 of 6 land now or formerly of McCarthy 205.04 feet to the Easterly side of land now or formerly of McCarthy and the Westerly line of land now or formerly of Sawicki; thence South 20 ° 17 ' 30" East along the said land now or formerly of McCarthy and the land now or formerly of Sawicki 758 .88 feet to the Southerly line of land of the Long Island Railroad Company and the Northerly line of land now or formerly of Rasweiler; thence South 46' 43 ' 10" West along the said land of the Long Island Railroad Company and land now or formerly of Rasweiler 8.66 feet to the extreme Northerly end of an arc of a curve; thence Southerly, Southwesterly and Westerly along the arc of said curve bearing to the right, being subtended by a chord bearing South 260 58 ' 50" West a chord length of 23 .69 feet, said curve having a radius of 35. 07 feet, a length of 24.17 feet; thence South 460 43 ' 10 " West, through the Northerly side of land now or formerly of Rasweiler 428 .92 feet to the Westerly side of the land now or formerly of Rasweiler and the Easterly side of land now or formerly of Diachun; thence North 37° 34' 20" West along the said land now or formerly of Rasweiler and land now or formerly of Diachun 8 .04 feet to the Southerly line of land of the Long Island Railroad Company; thence North 460 43 ' 10 " East along the said land of the Long Island Railroad Company 428 .12 feet to the extreme Westerly end of an arc of a curve; thence Easterly, Northeasterly and Northerly along the arc of said curve, bearing to the left, being subtended by a chord bearing North 13° 12 ' 50" East a chord length of 29 .89 feet; said curve having a radius of 27 .07 feet , a length of 31. 66 feet; thence North 200 17' 30" West through the lands of the. Long Island Railroad Company and now or formerly of McCarthy 746 . 05 feet; thence South 690 42 ' 30" West still through the land now or formerly of McCarthy 2. 0 feet; thence North 210 33 ' 00 " West through the land now or formerly of McCarthy and the land now or formerly of Qualls 205. 0 feet; thence North 20' 17 ' 30" West still through the land now or formerly of Qualls 108 . 0 feet to the Southerly side of Main (State) Road; thence North 47' 23 ' 00" East along the Southerly side of Main (State) Road 12 .97 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed by deed dated April 11, 1935 and recorded in the Suffolk County Clerk' s Office on April 12 , 1935 in Liber 1808 Page 216 . Page 5 of 6 STATE OF NEW YORK, COUNTY OF SU ')LK SS: STATE OF NEW Y COUNTY OF SUFFOLK Ss: On.the 2 5 th day of Ap r i 1 19 9 4 , before me On the 2 5 th day of Ap r i 1 19 9 4 , before me personally came ROSE DIACHUN personally came ELEANOR DIACHUN to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that she executed the same. she executed the same. 411, NotdryT101ic :7AARY y Public RICHARD F.LARK ENCE R MOIA Notary Public,Stato of Now York PUBUC,sre*a Nu Yak No.74W5OD-Suffolk County ouaRwn stack copy S Cornmis510F,Eydres Aug.31,104 COMMI MEXT&WIWO30,is STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I 'am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed- the foregoing instrument; to said instrument is such corporate seal; that is was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. l000 ministrtttur's �eea SECTION — 1 r),9 _ BLOCK 3� TITLE No. f `J / �t T — 6poo l t LOT EL,EANOR DIACHUN and ROSE DIACHUN, COUNTY OR TOWN a f Lt 6 p,'x,�ac,Gl lq�Re/ ti!y both Individually and as Successor STREET ADDRESS Co-Administrators of the Estate of !aAC)ikI Sv(Ad(j Mary Diachun o Recorded at the Request of NICCLO DiBAR'ICLO and CAROLINE S. CHICAGO TITLE INSURANCE COMPANY DiBA_ RTOLO Returr.by Mail to STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by GARY M BRUNJES ESQ 138 WHALERS COVE (! { :y.......,.iII_ �4;a9nC.tI'� BABYLON NY 11702 Zip No. Page 6 of 6 -K W V U. U. O a Z O tL O C� W U. O W N lr O LL W Q a f!J _La S f W N 2 W W D � �XES 5 THRU 9 MUST BE TYPED OR NTED IN BLACK INK ONLY PR1• TO RECORDING OR FILING. SUFFOLK COUNTY CLERK 2J 3 .05 3Recoi), z JP# 116 7PA $ W E REAL l �fi;"4" F ► 7 (umber of pages •.TA -4,VER TAX TRAt SUFF ,ertificate# STY 'ri r Ctf# A053 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES Page/Filing Fee 1 Mortgage Amt. Handling .d . 1.Basic Tax TP-584 14: . 2.SONYMA Notation Sub Total EA-5217(County) 5_. Sub Total q. 3.Spec./Add. / C - ,. EA-5217(State) - _.� . ca TOT. MTG. TAX RP.T.S.A. _(� `�®� Dual Town Dual County . , Held for Apportionment Comm.of Ed. 5 _UU Transfer Tax 1 Affidavit 1ill' �O\VtJ Mansion Tax Certified Copy The property covered by this mortgage is or will be improved by a one or two Reg. Copy _ Sub Total _ —" family dwelling only. j YES or NO Other GRAND TOTAL < / If NO,see appropriate tax clause on page# of this instrument. Real Property Tax Service Agency Verification `: ': Title Company Information i1 �r Dist Section Block Lot 1000 127. 00 03. 00 006. 001 First American Title Insurance . t Company (TITLESERV) am i� 1000 127 . 00 03 . 00 006 . 002 Company Name t TS-57445 , 514—S-38578 Title Number FEE PAID BY: Cash Check X Charge GARY M BRUNJES ESQ 138 WHALERS COVE Payer same as R&R_ BABYLON NY 11702 �-� x eC4.1 �e �7 'vQ- P(G1'.VWwR A y ``'`' RECORD & RETURN TO Suffolk County Recording & Endorsement Page This page forms part of the attached Deed made by: (Deed, Mortgage, etc.) _ELEMOR DIACHUN and ROSE DIACHUN, both Individually and as Successor The premises herein is situated in Co-Administrators of the Estate of SUFFOLK COUNTY, NEW YORK. Mary Diachun TO In the TOWN of Southold NICOLO DiBARTOLO and CAROLINE S. In the VILLAGE DiBARTOLO or HAMLET of Laurel i NICHOLAS DI BARTOLO '!7 4 11,14 V� .;,F-e xzl SPY ENTHOLD 6 O P.O.Box 325,Laurel,New York 11948-0325 (516)298-6876 • Sly - z��-S SC2;3 New York State Department of Environmental Conservation Building Q SUNY, Stony Brook, New York 11790-2356 Telephone (516) 444-0365 Facsimile (516) 444-0373 Langdon,Marsh March 13, 1995 Commissioner Mr. Nicolo DiBartolo 2146 Main Road, Box 325 Laurel, NY 11948 MAY ' 6 1995 Re: DiBartOlo Property TO Brushes Creek oS ®F ®U OLD Application J 1-4738-01070/00001-0 Dear Mr. DiBartolo: Department staff' have reviewed the information and materials you have submitted in support of the above application to construct a dam on the north end of Brushes Creek. The following are our findings and recommendations. The structures shown in the plans and photos of your original submission are shown on the tidal wetland aerial photo maps dated October 1974. However, these structures do not appear to stop the tidal flow in this area as evidenced by intertidal and high marsh vegetation that extends from the mouth of Brushes Creek through the area indicated as cranberry bog in your 3/28/94 survey. Therefore, although you have indicated the area upstream of your project has been a freshwater regime historically, tidal wetlands have been documented in this area for at least the past 22 years. The filed maps consider this area under tidal wetland regulations jurisdiction. Tidal wetlands are one of the most vital and productive areas regulated by the DEC. The values of the wetland include but are not limited to, marine food production, wildlife habitat, ecosystems cleansing, sedimentation control, flood, storm and hurricane control. Intertidal marsh is one of the most biologically productive of all tidal wetland areas. Twice daily tidal flooding is crucial to preserving the wetland and carry nutrients out to the adjacent waters for use in the estuarine food chain. Intertidal marsh is the most stringently protected of the wetland areas and only very limited types of land use and development are compatible with the values of the wetland and its adjacent areas. Therefore, while the Department recognizes your concerns of erosion control and access to the west side of the property, it cannot approve a project that will reduce tidal flow to the tidal .j printed an recided paper i r 2 - cannot approve a project that will reduce tidal flow to the tidal wetland system. Such a reduction in flow is not compatible with the present and potential values of tidal wetlands. However, the Department has no conceptual objection to an open pile type of bridge that will not affect the tidal flow. Shoreline stabilization' structures in the adjacent area (i.e. not in the tidal wetland vegetation) are a generally compatible type of land use, and may be a more effective means of erosion control_ than attempting to alter tidal flow. Please consider these alternatives to your original project. In order for us to continue processing your application, please submit the following: 1) Project plans drawn to scale indicating existing and proposed structures and the tidal wetland boundary. Consult the enclosed application checklist for additional detail. 2) Recent color photos of all areas of .the project. Include a photo key providing photo directional detail. 3) Completed Part. I of the Long Environmental Assessment Form (enclosed) . - 4) Completed Part I of the Structural Archaeological Assessment Form (enclosed) . If you have any questions, I can be reached at the address above. Sincerely, Kevin Kispert Environmental Analyst I KK:nw -MAY-16-1995 09:08 FROM;",IFFOLK COUNTY WATER DIST TO 7653803 P.01 - I New Yo& State [*n nt no of En*onmentW Consavation ��� Qito Sidling 40 -SUNY, Stoic* Brook, Now York 17794.23 rwaPhoiis 1516)444-0365 Fax * (516)444-0373 a Apr i 1 2 5, 1995 MichsM D.zag�ls cawreiaaMr Mr. Nicolo DiBartolo 2146 Main Road , V Laurel, NY 11948 MAY 1 Re: DiBaa-tolo property 61995 brushis Creek Appli6ation # 1-4738-01070/00001-0 TOWN OF SOUjHOLD Dear ,Mr. DiBartoloa This ,letter is in regards to the above application and yoUr Larch 31, 1995, letter in which you request a hearing- DepaYtment st.afi have reviewed the information and materials you have submitted ixid offer the f011owingq in order ' :__-- us to move forward, we need a complete copy application as r -3ca f iedl in my March 130 1995 letter ( enclosed) . As � ry�ed in that letter, we have no concepptuatua l ob e�ctcior, o an open pile type of bridge that does not affect j tidal f�.o`"-- However, your proposal involve�� °,e elimination of many: acres of tidal wetlands in an attempt L_, create a freshwater wetland. This Is a large biological change that may have significant effects and you have to dexonstrate what these effects will be, why you are see3�ing these changes, and identify th,s Specific areas that Will be affected. This must be part ®t your, complete application. This information, along With- supporting information.:and/or documents, and pocss 3s]y e*pert witnesses; will. be required at a hearing as well The heang process is time consuming, and not without cost to both the applicant and the Department. Additionally, this is a Type 1 action under 6KycRR Part 617(SEQR) and must undergo a coordina.- ?d review with other involved agencies. The forms speci-i3d in my March 130 1995 letter are required for this coordination. Involved agencies are certainly the Town of Southold and - sibly the Army corps of Engineers. \ TOTAL P.01 MAY-16-1995 08:57 ' FROh iUFFOLK COUNTY WATER DIST TO 7653803 P.03 2 - Based on what you have submitted at this time-, staff object to your proposal to change the saltwater regime. You have not provided sufficient information to allow a clear understanding of the purpose of your project and whether it will have any measure of success. Without this information, we cannot proceed forward and your application will remain incomplete until we receive the required information, documentation and reach a determination of significance as required by sEQR regulations. If you have any questions, I 'can be reached at the above address. sincerely, Kevin Kispert Environmental Analyst I IBC:nw TOTAL P.03 MAY-16-1995 08:57 FROG iUFFOLK COUNTY WATER DIST TO 7653803 P.02 ' 7 Lat :40058 ' � 1► .9 �`y, LO CU, s etea � arise"Ptj +o �6 l<s �� i'��wt1� s Long720 a= a 34 .1� 3 � .� �� � /• � F.S.. .. .�;._.C.�: NOAA Chart 12358 -_ _Spa a ,BOA Wt JC AA'F 1N Y.A1ZD vrj�.& Ar f( 4t LOCATION MAP --I° -.a 4 .;S.C-AA► F . 1 N FOST' r dtca Purpose: Road access & �L 4,44 Jo t ' '�� Future agriculture use M � � !1 ��1us G� . -_,�� :�� 1e/s•.+ tq t- �o � s F �c a��t+ �^ �a �� W ..,, S� r'P� d��+� Proposed Repair of existing Dave 3 . , in Brushs Creek sat Laurel S E C 4A _ A Suffolk County Application by Nicoio S o to DiBartalo �Q Scale as shown 11/14/94 page 1 of I L i roR rARc[Lw,sttue. 1=-aA'Tf .♦.•}_ '1t�t, s[c ac. a iEe � sd / It ssc. No Its 1•,]-Ar +Ir.A y\ M\ICN > LI•[ 1.l AI<l MATCH LIRE VATC,1 LM_C .\ _Z , Z �M� w1TGN. Z LINE _ _M<rCM LIN[_. `♦ .I 1• u[sic NO. !.f-fj ..,.,\ FOR PARCEL+0. f C!-OA.OAJ SEC.«0 .t Fox PARCEL No 7•r.�• )•1 A.• •' scc scc«o. Ixe-o.-ozi 5.3 •tG•74 a: ♦1 /7'ff I"LMl 2i0 M'-' /\ {S.S A -/e If 6.4 /L:rfOW •i rt-U•9T T.esr r s.l ¢, uiA..u.'� —' OA •.lM.1 <+tr t r�. A.$AI<I �• �a• t •t. f•IS [PI 1.)Akl + SeAAW =�. Is et► A.t 491is .�. 0. ! e 4.6AM as Akl i \O •° •f yl I 1 �+p Q .R \�.IL to 3 • \° r S. s ^R 10 � I �'L\G� 1. �t WE • �i J• pS{ ( F ss + t t k + C I' l 6 F. 08 A ff s \\�' OOOgtOF' .`'o „• 1`b ♦ '� i .p A t A u+T a `]: \ .• 'tom o' O♦ ] L•p A �\t- � \ `t?sP d J •1 ] �,i 0 sti. .I ° .+ i ✓• � ice•° :. / \ row nAcn No i 9 w` �♦♦ : /i y M SCE SCC. NO.IES-OI-OOI ` ♦i O I •♦, �•'• b /f RIH +• eb<I MATCH � LIME •` •`o't A] A». `• d pp_t•o�A w:n:< <..... \\ • A." \'p.k, 3 legend rr •tr+<. Rxr RA► © COUNTY OF SUFFOIK T01110I SOUTHOLD SCUM RtCN{EL BARER,)R. �'••'«»I'LW �CPPIIL. fh pre,a Ll+• __r.—. Mr+...rD nkrtw_—.«.—. SAAw•r«Lww t]<I • _.— P.I.I,[.1<.1! 0..«•C.r.e..�— r.�LN. ��_� 1wwa.rell. _—♦__-_ R.MuO»Ma•lN+_—.R.—. p.{OI..•ww {x to .�,—_ 127 c Iw,e. 1EK,•.Ir LN+ _____ T—L.. LI�POI,I—L'. Real Properly Tax Service Agency nLIA —Ot L RML..M,IM.rIM1.W R»I•.rl NM LMN _--� P•{aNNr LI. —.I_—, /.•..I Ik. sC+IE MELET COORI Center_ DWAI. vAla I Y asrMcrno. 1000 all C�.r r.. IMlkl ;3 Riverhead,L.I.,New York PRO►ERiY MAP New York State Department of Environmental Conservation Thomas C. Jorlinq loner il7f D JPgq ,o 6 11'J Y 1117l APR 2 81995 Dear �`�� C49ad-C_( llwr v ` ° ITOWN OF SOUTHOLD RE: LEAD AGENCY COORDINATION REQUEST The purpose of this request is to determine under Article 8 (State Environ- mental Quality Review - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your agency's interest in acting as lead agency; 2. Your agency's jurisdiction in the action described below; and 3. Issues of concern which your agency believes should be evaluated. Enclosed is a copy of the permit application and a completed Part 1 of the Environmental Assessment Form to assist you in responding. Project Name: �/� Pro Pz P 1, Project Location: so q��o 4 DEC Project Number: -739 0P701190O'D 1-0 DEC Permits: SEQR Classification: Type I [ ] Unlisted DEC Contact Person: Ke-v h lL(J Pz i--t' DEC P ition: [ DEC has no objection to your agency or another agency assuming lead agency status for this action, but reserves the right to comment on this action if a positive determination of significance is made. f [ ] DEC has no objection to your agency or another agency assuming lead agency stat'U"for-thi s,ac.ti on-�---but we have the following concerns regarding this project (see "comments" below) . [ ] DEC wishes 'to assume lead agency status for this action. [ ] The proposed.-_action has been identified by DEC as occurring wholly or par;ti-all—W'.ithin. or substantially contiguous to a critical environmental area "(=CEA=)-that was--desi gnated by It is the position of this Department that your agency, if it has a juris- diction over the action, should assume the lead agency role based on the existence of the CEA and the fact that the anticipated impacts are primarily of local significance. [ ] Other. (See comments below) Comments (Optional )'- Response: Please respond to this request within 30 days of the date of this letter. If no response is received within 30 days, we will assume that you have no objection to DEC- or another agency assuming the role of lead agency, and have no comments to offer regarding the proposed action at, this time. If neither your agency nor any other involved agency, including DEC, has indicated a will- ingness to serve as lead agency within 30 days of,this letter: [ ] We will petition the Commissioner of DEC to designate a lead agency for this action. [ ] We will petition the Commissioner of DEC to designate your agency as lead, presuming you have jurisdiction.. Please feel free -to contact this office for further information or discussion. Sincerely, upee Enclosures cc: (see distribution list) �•+ �'��=v»?—�� ` Utl.AYYLILAI IUN NUMtSt C •- - "DIS U FON...� • NEW YORK STATE r` A a DEPARTMENT OF ENVIRONMENTAL CC, VATION / -d/d'7D D00lvlz i �' ,p ICU or ; US ARMY CORPS OF ENGINEERS APPLICATION - 9 �Y OP'Y' rps�'flf E" PINK CO i, �giRefrs ytJOINT APPLICATION FOR PERMIT g +' GOLDENROD A cant Please read ALL instructions on back before completing this application. Please type or print clearly in ink.Att cft addition i ' rrti�nQ€fded.e try 9 ❑ARTICLE 9,TITLE 1,ARTICLE 43 6NYCRR 646(LAKE GEORGE RECREATION ZONE) - •' - � - - •' = '.'e �1, ❑ARTICLE 15,TITLE 3(AQUATIC PESTICIDES CONTROL) ❑6NYCRR 327(AQUATIC VEGETATION) 6NYE$32 j ff Ri r�8'�FISH)^-=-❑6NYCRR�3219(INS CTS), ❑ARTICLE 15,TITLE 5 6NYCRR 608(PROTECTION OF WATERS) .' A ❑For the construction,reconstruction,or repair of a DAM or other impoundment structure. T El For the disturbance of a STREAM BED OR BANKS or excavation in or fill of NAVIGABLE WATERS. ❑401 WATER QUALITY CERTIFICATION E ❑ARTICLE 15,TITLE 15 ❑6NYCRR 601 (WATER SUPPLY) ❑6NYCRR 602(LONG ISLAND WELL) ❑{ARTICLE 15,TITLE 27 6NYCRR 666(WILD, SCENIC AND RECREATIONAL RIVERS) ICIARTICLE 24 6NYCRR 662,663(FRESHWATER WETLANDS) ❑ARTICLE 34 6NYCRR 505(COASTAL EROSIN) 'SKARTICLE 25 6NYCRR 661 (TIDAL WETLANDS) ----- -------------------------------------------------------------------------------------------------------------------------------------------- F ❑SECTION 10(RIVER AND HARBOR ACT OF 1899)for structures ar'd work in navigable waters of the U.S. ❑COASTAL CONSISTENCY CERTIFICATION. U ❑SECTION 404(CLEAN WATER ACT OF 1977)for disposal of dredged or fill material in waters of the U.S. ` ' , ❑SECTION 103(MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT)for the transportation of dredged materials for-dumping*into ocean waters. 1. LIST PREVIOUS PERMIT/APPLICATION NUMBERS AND DATES(If any) IF OTHER.THAN INDIVIDUAL,PROVIDE TAXPAYER ID NUMBER 2. APPLICANT IS A/AN p� ' = = KOwner ❑Operator ❑Lessee ❑Municipality/Governmental Agency. (Check as many as apply) 3. NAME OF APPLICANT(Use Full.Name) 1 C o L. o D g 70 o MAILING ADDRESS TELEPHONE(Where can be rea ed during day) 2- R D). POST OFFICE, jl _ STATE , ;ZIP-CODE (`r 4. NAME OF El Owner ❑Agent/Contact Person (Check one) MAILING ADDRESS TELEPHONE(Where can be reached during day) POST OFFICE STATE ZIP CODE 5. PROJECT/FACILITY LOCATION(Mark location on map;see Number 1a on reverse sl(ide)//� d // / County ,��L � I Town or city Sly`C/7; 0.� I Village s-/T�/`� STREET ADDRESS(If different from applicant) POST OFFICE STATE ZIP CODE 6. NAME OF STREAM OR BODY OF WATER 5 p /►e G,/ 7. HAS WORK BEGUN ON PROJECT? If YES, attach explanation on starting work without permit, includes dates. 8. WILL PROJECT UTILIZE STATE LAND? El Yes %No Show work on map and/or drawings. ❑Yes o 9. PROPOSED USE: Private D 10. PROPOSED STARTING DATE: 11. APPRQXIMATk COMPLETION DATE: 12. FEE OF(NYS Permit Only) �+A-r x Public ❑ Com Elj_•��//�mercial ryr s T� $ Enclosed - 13. PROJECT DESCRIPTION: .(e.g.quantity and type of material,to be excavated,dredged or used.for fill or rip rap, location of disposal sites;type of structure to be installed; height of dam;size of impoundent;capacities of proposed water sources;extent of distribution system;etc.) 14. WILL THIS PROJECT REQUIRE ADDITIONAL FEDERAL,STATE AND/OR LOCAL PERMITS? ❑-Yes -. El No If yes,please list: 15. CERTIFICATION: I hereby affirm that under penality of perjury that information provided on this form and all attachments submitted herewith is true to the best of my knowledge and belief. False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal Law. Further, the applicant accepts full responsibility for all damage, direct or indirect,of whatever nature, and by whomever suffered, arising out of the project described herein and agrees to indemnify and save harmless the State from suits, actions,damages and costs of every name and description resulting from said project. In addition, Federal Law, 18 U.S.C. Section 1001 provides for a,fine of not more than $10,000 or imprisonment for not more than five years,or both,," where an applicant knowingly and willfully falsifies,conceals,or covers up a material fact;or knowingly makes or uses a false,fictitious or fraudulent statement. ❑I hereby authorize the agent named in Number 4. bove/tosmit t -OplicatipA on my be alf. DATE SIGNATURE TITLE PLEASE READ ALL INSTRUCTIONS ON REVERSE SIDE 13 . PROJECT DESCRIPTION ' Restore dam, replace eroded fill sufficient to allow farm vehicles passage. Restored dam will allow freshwater stream maintenance. Stream is approximately 10 feet wide, 1400 feet long and with dam will be approximately 8" deep. Dam will also prevent saltwater from contaminating freshwater area including stream and about 8 acres of grass areas . Pilings to be replaced as shown on sketch. Deadman ' s and reinforcement cables for both dam walls to be installed per sketch. 30" pipe with control flap door to be installed to allow fresh water drainage and prevent saltwater intrusion. Approximately 200 cubic yards of fill (gravel, sand, loam) will be required to fill eroded area. Small plants . and vegetation will be planted along the dam walls after restoration. Lat. 40058 ' ,� 4 LOCUS •, ./r t w f�.J Bn1she P� t 10 \1 wcr�t.+N� Long qj 17 7 2 0 1 AN Nih 3 I( �f \ _ • 1F, i 1 9 7 3 4_ �b t NOAA Chart 12358 SLIP o SDip ova ' sc ALE IN YARDS wI ry.ANas �� ! Are( LOCATION MAP r rR ^-AW 10 Id FFST r Re t�ti Purpose: Road access & tj��1 S fa�a S ' f') Future agriculture use VL A&P 1CLF __77 MLW fi ii���—• � ... _ Proposed Repair of existing 3O P'Pe d Dam in Brus,hs Creek .at Laurel Suffolk County SEC A - h � ' ' Application by Nicolo I• S 0 3 ro + DiBartolo Scale as shown ' _ I 11/14/94 1 Page 1 of 1 14-16-4(2/87)—Text 12 PROJECT I.D.NUMBER 617.21 •SEOR ' Appendix C. State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME /C L O RTa�v Z 3. PROJECT LOCATION: Municipality S®G T O _z County 54'., p4/4 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) �Z14f /l�/,r/ " /, i4k9Z:L�.Y_ , /�fSo Fi Soalr�of 5. IS PROPOSED ACTION: ,--,// El New ❑Expansion Ifs Modification/alteration 6. DESCRIrE PROJECT BRIEFLY:RE751-V,QE ��� �jj//� 66/fC494� E.e,94e O 7V .E�EGL/g/rr-r ;�—&7 8a 7. AMOUNT OF LAND AFFECTED: Initially ZZ acres Ultimately l0acres 8. WIL�,,PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? JIKyes ❑No If No,describe briefly 9. WHAT IS PRESENT LAND USE ft VICINITY OF PROJECT? ,,��,,((' ❑Residential El Industrial / ❑Commercial l�Mgriculture ❑Park/Forest/Open space ❑Other Describe: Lf ec-1-4 hvETZAWA.f ,So cr7-11 DF��..dP�2:y ,��lD .�_ /,R,R, *10 jPRo/F- 7 7 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? ❑Yes �&No If yes, list agency(s)and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? ❑Yes �No If yes,list agency name and permlt/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes �6No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: oL� ^l �� r' �! Date: Signature: If the action is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER §aFO(�.�:` Y `` Albert J. Krupski,President ��� r.f;+ Town Hall John Holzapfel, Vice President = �. 53095 Main Road William G. Albertson CIO c P.O. Box 1179 Martin H. Garrell O Southold, New York 11971 Peter Wenczel �'f�®1 N3, Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only D astal Erosion Permit Application 1995 Wu� etland Permit Application _ AUG 18 Grandfather Permit Application Trustee Lands Permit Application Waiver TOWN Q�, �%'JOUTHOLD ceived Applicati n: /k r Clerical Review: 4rnrl Completed Applicatiorf ncomplete L)"u//Ao pn/ Suo-V49V SEQRA 171.assification: Type I LoO Type II Unlisted. CACC ordination: (date s nt) li' d' S�,A- �d . Referral Sent: / / a •e of • Inspection: eceipt of CAC Report: ( ate) ad Agency Determination: /) J_ Q 1!,5�lechnical Review: (date) Public Hearing: (date) // q' cision: Approved Y ) (date) ( 8 Fd Y Application Fee:$ 4S� "SaZ�. l � Name of Applicant 1 fGoLU �D/6hA "roL 0 Address ;2-I LI G Nifyt) 9 , d, �l� G� may. 1/�K0 Phone Number: ( S C ) 2 / V'4��C/ //�/,,c_03-�L Z Suffolk County Tax Map Number: 1000 - l 7, - 6 + I 4• _Z° Property Location: )E IV D O F C, altlPo �7) /_A 4(,c 6 L (provide LILCO Pole #, distance to cross streets, and location) Agent: �//q' (If applicable) Address: Phone: " F--xd of Trustees Applicatio^- GENERAL DATA Land Area (in square feet) : 7 3 , �e (4- -7' 1 Area Zoning: l C 1!e Tctltz; Previous use of property: 5'�/✓IF� Intended use of property: Prior permits/approvals for site improvements: Agency Date No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? 7 No Yes If yes, provide explanation: Project Description (use attachments if necessary) : Bc? °;3 of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: d /2 006 F ACC,05,5 i5eeAl S1-�.,716 p�,fSf®e 7z? Pi-i bl-I C S% IVA4 of i Area of wetlands on lot: �� 7`i 6p"O'd -t square feet Percent coverage of lot: 3,57 ZL o Closest distance between nearest existing structure and upland edge of wetlands: © feet Closest distance between nearest proposed structure and upland edge of wetlands: 0 feet Does the project involve excavation or filling? No L� Yes If yes, how much material will be excavated? O cubic yards How much material will be filled? & cubic yards Depth of which material will be removed or deposited: /Z feet Proposed slope throughout the area of operations: �S Manner in which material will be removed or deposited: TgcIG/- Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason os such proposed operations (use attachments if appropriate) : opt/ 60A V�L119 `r �: . IS •�llp/9�� C4. ) W o � �✓p � l evlkI" •4 ' - , , 1 a0i A/9PCikket w n pfor i� NEE T L�rvtlf-1l . 7 Is"e .4 ly4 w r • IIS se M 114, /0w� l, -.._.. SCq 1 Lat'. 40058 ' ; ,►,d 4 ..Sc. �.. �j Nick — --- �: . e/e/ 95 Laurel LOCUS. 3 47 j .5 = �--- 1 L4itPoSd ;_�GG655�PKSLI�s7�J 66f I , 3 .. \•'E •'' w; /✓p T� ' , �i �2 y 0 TiS��2r Sfiq�� hri// BE' Drushm P •.; 1 ; 10 I 3 i Long. /r' �`10 s t �y t111#64p5 je=,qQ T/fE Z p ,IOWfr// 340 'r I 3 t. s It-1. PAR A11r-L Tom' TO !�//0 rt/ re. •e'••. 3 =s t'� I ' NOAA Chart 12358 I..$�p v ;Op --. ova P1107 v T-/.��it/ SCALE' IN yARDS LOCATION MAP - --.- - 617.21 SEAR Appendix A State Environmental Quality Review'- FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to+help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determiner significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature,yet flexible enough to allow introduction of information to fit a project or action. ' Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 []Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions co n � �J ���� 0 Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date 1 VJ. 1 r—rnvvCLl IIVrvnivmIIVI";- Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable,so indicate and specify each instance. NAME OF ACTION ,8AInGE ,(��Q�5L1v"5 G, n^�f� 6 C, LOCATION OF ACTION(Include Street Address,Municipality and County) NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE ADDRESS AM CITY/PO ���J�•�r� �_ / f' �% S1 E7 ZIICODE ('/k NAME OF OWNER(If different) Bks~BMREbS TELEPHONE ADDRESS CITYIPO STATE ZIP CODE DESCRIPTION OF ACTION Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ❑Commercial residential (suburban) ❑Rural (non-farm) ❑Forest ❑Agriculture ❑Other 2. Total acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) acres acres 3. What is predominant sWell pe(s) on project site? '50A'&4 a. Soil drainage: drained Z" % of site ❑Moderately well drained % of site ❑Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS . Land Classification System? Il"A- acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yes lJNO a. What is depth to bedrock? A114- (in feet) 2 5. Approximate percentage or proposeu prvlCu JILC WIL1131VPVJ. 015% or F- -`er 6. Is project substantially contiguous to, or contain a building, site, or distc,..c, listed on the State or the National Registers of Historic Places? Dyes ,9No 7. Is project substantially contiguous to a.site listed on the Register of National Natural Landmarks? Dyes �No 8. What is the depth of the water table? (in feet) �� 9. Is site located over a primary, principal, or sole source aquifer? Dyes C3<0 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Dyes C�No 11. Does project site Xo ain any species of plant or animal life that is identified as threatened or endangered? . ❑Yes According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) Dyes 5� o Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? Dyes ER o If yes, explain 14. Does the present site include scenic views known to be important to the community? Dyes LKo 15. Streams within or contiguous to project area: a: Name of Stream.and name of River to which it is tributary TSKkSii-E i��C mlrr�c. 16.s-y 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name iAIIIa4— b. Size (In acres) 17. Is the.site served by existing public utilities? lames DNo a) If Yes, does sufficient capacity exist to allow connection? es ❑N° b) If Yes, will improvements be necessary to allow connection? Dyes QNo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? Dyes DKO 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? Dyes S<o —/ 20. Has the site ever been used for the disposal of solid or hazardous wastes? Dyes L�No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor acres. b. Project acreage to be developed: acres initially; acres ultimately. c. Project acreage to remain undeveloped — acres. d. Length of project, in miles: Aff4' (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed %; f. Number of off-street parking spaces existing A/l ; proposed g. Maximum vehicular trips generated per hour '� (upon completion of project)? h. If residential: Number and type-of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure height; -12- width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? A L/-r ft. 3 •2. How much natural material (i.e., r^A- earth, etc.) will be removed from the -? tons/cubic yards 3. Will disturbed areas be reclaimed ❑Yes ❑No EN/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ❑Yes ❑No c. Will upper subsoil be stockpiled for reclamation? ❑Yes ❑No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ❑Yes '9No 6. If single phase project: Anticipated period of construction months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month. year. d. Is phase 1 functionally dependent on subsequent phases? ❑Yes ❑No 8. Will blasting occur during construction? ❑Yes 940 9. Number of jobs generated: during construction A6t4 after project is complete 10. Number of jobs eliminated by this project / IA- 11. Will project require relocation of any projects or facilities? ❑Yes alo If yes, explain 12. Is surface liquid waste disposal involved? ❑Yes BNo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ❑Yes ONo Type 14. Will surface area of an existing water body increase or decrease by proposal? ❑Yes ff o Explain T/ &L P'Lm V k/%// A/G T /3 F L 54 15. Is project or any portion of project located in a 100 year flood plain? ❑Yes [;�KO 16. Will the project generate solid waste? ❑Yes 19<0 a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ❑Yes ❑No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ❑Yes ❑No e. If Yes, explain 17. Will the project involve the disposal of solid waste? ❑Yes E o a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ❑Yes 2<0 19. Will project routinely produce odors (more than one hour per day)? ❑Yes ff<0 20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes lrlo 21. Will project result in an increase in energy use? ❑Yes S�10 If yes , indicate type(s) , 22. If water supply is from wells, indicate pumping capacity "N'1 gallons/minute. 23. Total anticipated water usage per day U114 gallons/day. 24. Does project involve Local, State or Federal funding? ❑Yes VNO If Yes, explain 4 25. Approvals Required: - Submittal e Date City, o J �w 7e PLi ? f City, Town; Village Planning Board Dyes ❑No City, Town Zoning Board Dyes ❑No City, County Health Department ❑Yes ❑No Other Local Agencies ❑Yes ❑No Other Regional Agencies Dyes ❑No State Agencies ❑Yes ❑No Federal Agencies []Yes fNo C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? []Yes [' o If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit ❑subdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? ta!2/,2 r,,,re,-?-lam 3. What is the maximum potential development of the site if d veloped as permitted by the present zoning? � - 0 IV E 5 /yc E /rh {�'rRF S�_aiV T 4. What is the proposed zoning of the site? All!y 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N/vl- 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ®"i es ❑No 7. What are the predominant land use(s) and zoning classifications within a 1/4 mile radius of proposed action? S �P�'ri'%t3IA641 Ckt _re(A&-k 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? [des ❑No 9. If the proposed action is the subdivision of land, how many lots are proposed? /94A a. What is the minimum lot size proposed? 10. Will'proposed action require any authorization(s) for the formation of sewer or water districts? []Yes PN; 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ❑Yes &K0 a. If yes, is existing capacity sufficient to handle projected demand? ❑Yes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? Dyes 15' 6 a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details .Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of y knowledge. r/ /'� Applicant/Sponsor Name �A ��� d ✓ Date 0 � /f Signature - Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 rarz z—K"`1JECT IMPACTS AND THEIR II'"MNITUDE Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. • Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must pe evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 ..3 Small to Potential Can Impact Be IMPACT ON LAND Moderate Large Mitigated By 1 . Will the proposed action result in a physical change to the project site? Impact Impact Project Change Examples that would apply to column 2 ONO DYES • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ ❑ ❑YeS ❑No foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than ❑ ❑ ❑Yes []No 3 feet. • Construction of paved parking area for 1,000 or more vehicles. ❑ ❑ ❑Yes ❑No • Construction on land where bedrock is exposed or generally within ❑ ❑ []Yes ❑No 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more ❑ ❑ []Yes ❑No than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 ❑ ❑ ❑Yes ❑No tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. ❑ ❑ ❑Yes ❑No • Construction in a designated floodway. ❑ ❑ ❑Yes ❑No • Other impacts ❑ ❑ ❑Yes ❑No 2. Will there be an effect to any unique or unusual land forms found on the site?(i.e., cliffs, dunes, geological formations, etc.)ONO DYES • Specific land forms: ❑ ❑ ❑Yes ❑No 6 f 1 2 3 IMPACT ON WATER Small to Potential Can Impact Be Moderate Large Mitigated By 3. Will proposed action affect any water body designated as protected? Impact Impact Project Change (Under Articles 15,24,25 of the Environmental Conservation Law, ECL) ONO DYES. Examples that would apply to column 2 • Developable area of site contains a protected water body. ❑ ❑ ❑Yes ❑No • Dredging more than 100 cubic yards of material from channel of a ❑ ❑ ❑Yes []No protected stream. • Extension of utility distribution facilities through a protected water body. ❑ ❑ ❑Yes El No • Construction in a designated freshwater*or tidal wetland. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ []Yes ❑No 4. Will proposed action affect any non-protected existing or new body of water? ONO OYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ❑ ❑ ❑Yes ❑No or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑ El Yes ❑No • Other impacts: ❑ ❑ El Yes []No 5. Will Proposed Action affect surface or groundwater quality or quantity? ONO OYES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ❑ ❑ ❑Yes ❑No • Proposed Action requires use of a source of water that does not ❑ ❑ ❑Yes ❑No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 ❑ ❑ El Yes El No gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ❑ ❑ ❑Yes ❑No supply system. • Proposed Action will adversely affect groundwater. ❑ ❑ ❑Yes ❑No • Liquid effluent will be conveyed off the site to facilities which presently ❑ El El Yes ❑No do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per ❑ ❑ ❑Yes ❑No day. • Proposed Action will likely cause siltation or other discharge into an ❑ ❑ ❑Yes ❑No existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical ❑ ❑ El Yes ❑No products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water ❑ ❑ ❑Yes ❑No and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ❑ ❑ ❑Yes El No require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: ❑ ❑ El Yes ❑No 6. Will proposed action alter drainage flow or patterns, or surface water runoff? ONO OYES Examples that would apply to column 2 • Proposed Action would change flood water flows. ❑ ❑ ❑Yes El No 7 y 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Proposed Action may cause substantial erosion. ❑ ❑ ❑Yes ❑No • Proposed Action is incompatible with existing drainage patterns. ❑ ❑ ❑Yes ❑No • Proposed Action will allow development in a designated floodway. ❑ ❑ ❑Yes []No • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON AIR 7. Will proposed action affect air quality? ONO OYES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given ' ❑ ❑ ❑Yes ❑No hour. f • Proposed Action will result in the incineration of more than 1 ton of ❑ ❑ []Yes []No refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a ❑ ❑ ❑Yes No heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed ❑ ❑ ❑Yes ❑No to industrial use. • Proposed action will allow an increase in the density of industrial ❑ ❑ ❑Yes ❑No development within existing industrial areas. • Other impacts: ❑ ❑ []Yes []No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ONO DYES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal ❑ ❑ ❑Yes ❑No list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. ❑ ❑ []Yes [I No • Application of pesticide or herbicide more than twice a year, other ❑ ❑ ❑Yes ❑No than for agricultural purposes. • Other impacts: ❑ ❑ ❑Yes ❑No 9. Will Proposed Action substantially affect non-threatened or non-endangered species? ONO DYES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or ❑ ❑ []Yes ❑No migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres ❑ ❑ ❑Yes ❑No of mature forest (over 100 years of.age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? ONO DYES Examples that would apply to column 2 • The proposed action would sever, cross or limit access to agricultural ❑ ❑ ❑Yes ❑No land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) n I 1 2 3 Small to Potential Can Impact E Moderate Large Mitigated B� Impact Impact Project Chan( • Construction activity would excavate or compact the soil profile of ❑ ❑ ❑Yes ❑N( agricultural land. • The proposed action would irreversibly convert more than 10 acres ❑ ❑ ❑Yes ❑N. of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural ❑ ❑ El Yes ❑Nc land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due-to increased runoff) • Other impacts: ❑ ❑ ❑Yes ❑Nc IMPACT ON AESTHETIC RESOURCES 11 . Will proposed action affect aesthetic resources? ❑NO DYES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ❑ ❑ ❑Yes ❑No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ❑ ❑ ❑Yes ❑No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ❑ ❑ ❑Yes ❑No screening of scenic views known to be important to the area. • Other impacts: ❑ ❑ ❑Yes []No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ONO DYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ ❑Yes ❑No contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the ❑ ❑ Dyes ❑No project site. • Proposed Action will occur in an area designated as sensitive for ❑ ❑ ❑Yes El No archaeological sites on the NYS Site Inventory. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 ONO DYES • The permanent foreclosure of a future recreational opportunity. ❑ ❑ ❑Yes ❑No • A major reduction of an open space important to the community. ❑ ❑ El Yes ❑No • Other impacts: ❑ ❑ El Yes El No 9 1 FLarge 3 IMPACT ON TRANSPORTATION Small toial Can Impact Be Moderate Mitigated By 14. Will there bean effect to existing transportation SY�NO? OYESImpactct Project Change Examples that would apply to column 2 ❑ Yes []No • Alteration of present patterns of movement of people and/or goods. 0 ❑❑ ❑Yes El No • Proposed Action will result in major traffic problems. Cl ❑ ❑Yes ❑No • Other impacts: IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply?, ONO DYES Examples that would apply to column 2 ❑ Yes - []No • Proposed Action will cause a greater than 5% increase in the use of ❑ ❑ any form of energy in the municipality. ❑ ❑ []Yes ❑No • Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. ❑ ❑ []Yes . []No • Other impacts: NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ONO DYES Examples that would apply to column 2 El Yes El No • Blasting within 1,500 feet of a hospital, school or other sensitive ❑ facility. ❑ ❑ ❑Yes ❑No • Odors will occur routinely (more than one hour per day). ❑ ❑Yes ❑No • Proposed Action will produce operating noise exceeding the local ❑ ambient noise levels for noise outside of structures. El ❑Yes ❑No • Proposed Action will remove natural barriers that would act as a ❑ noise screen. ❑ ❑ []Yes []No • Other impacts: IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and safety? ❑NO DYES Examples that would apply to column 2 ❑ ❑Yes ❑No • Proposed Action may cause a risk of explosion or release of hazardous ❑ substances(i.e.oil,pesticides,chemicals, radiation,etc.)in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. ❑ ❑ ❑Yes ❑.No • Proposed Action may result in the burial of"hazardous wastes in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) ❑ ❑Yes .[]No • Storage facilities for one million or more gallons of liquified natural ❑ gas or other flammable liquids. El []Yes ❑NO • Proposed action may result in the excavation or other disturbance El within 2,000 feet of a site used for the disposal of solid or hazardous waste. ❑ ❑ ❑Yes El No • Other impacts: 10 1 2 3 IMPACT ON GROWTH AND CHARACTER Small to Potential Can Impact Be OF COMMUNITY OR NEIGHBORHOOD Moderate Large Mitigated By 18. Will proposed action affect the character of the existing community? Impact Impact Project Change ❑NO OYES Examples that would apply to column 2 • The permanent population of the city, town or village in which the El ❑ []Yes No ❑ ' project is located is likely to grow by more than 5%. ❑ ❑Yes []No • The municipal budget for capital expenditures or operating services ❑ will increase by more than 5% per year as a result of this project. ❑ ❑Yes ❑No • Proposed action will conflict with officially adopted plans or goals. ❑ ❑Yes ❑No • Proposed action will cause a change in the density of land use. • El ❑Yes []No Proposed Action will replace or eliminate existing facilities, structures ❑ or areas of historic importance to the community. ❑ ❑Yes []No• Development will create a demand for additional community services ❑ (e.g. schools, police and fire, etc.) ❑ ❑Yes El No • Proposed Action will set an important precedent for future projects. ❑ ❑ ❑ ❑Yes [I No • Proposed Action will create or eliminate employment. ❑ ❑ ❑Yes ❑No • Other impacts: 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ONO DYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3—EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impacts) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1 . Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: • The probability of the impact occurring 'The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. (Continue on attachments) 11 `.d of Trustees Applicatim County of Suffolk State of New York BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/&H£- IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE. APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S) , IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S) , TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. r Signature-' SWORN TO BEFORE ME THIS 16o'1!1 DAY OF f 6 S/� ,19 CARRY S.KULICK , Notary Public,State of New York No.01 KU4916856,Suffolk County Term Expires December 28, 1995 Notary Publi 3 Albert.J. ICtu s President. p�0 COG Town Hall ;John Holzapfd Vi e'President �� y� 53095 Main Road 'William G Al ertso I P.O. Box 1179 Mar-tin G ell O Southold, New York 11971 Peter zel, Telephone (516) 765-1892 Fax (516) 765-1823 j BOARD OF TOWN TRUSTEES . TOWN.OF SOUTHOLD Office Use Only _ �l_ oasta1 Erosion Permit Application FA UG 1 !`95 Wetlapd Permit Application ' ' c~ P Grandfather Permit Application Trustee 'Lands ;Permit Application 'kk'�ft�iryiS F¢'�& IC;P '^ i i� � ! U \J t b Y tl 3 4) �..i r e 4 L 4.,J Waive -. ceived A�plicati n: T bo se Clerical Review: /� r mpleted Application Incompletei A k4lJoAT oA r oe ve y SEQRA C sisification: Type...I Type II Unlisted oordinati'on; (date sent) CAC Referral Sent: /dam to of -I 'spection ceip,t of CAC Report. ( ate) ad Agenc Determination• ' /7 Q 0 Techhi:cal Review: (date) 9 Public` Hearing: (date, Decision: Approved (Y/N) (date) AUG 1 81995 Application Fee:$ls'!� i x WNW Name of A'pp1 cant l GU`� Address Phone Number: ( S�� ) ��;� ✓� S!�-��3" L. Z Suffolk County Tax Map Number: 1000 Property Location: ,E iv p o F ��.�o R ��f 7.r 'olv0o2 Ci) C c•.� < (provide ,LILCO Pole #; distance to cross -streets; and location) Agent: / . ( If applicable) Address: " Phone: 1 � I , v , . t r a• s r _ r +�3 Stu 4 i <4: d 71 Sy-Yf c i�l /4, IM r r r . �y ( y , 6 t , , r �m- , s. ar ly ' l , Y , } r { 'w e � { a ;r I v `+, r A y ," g OT � ikt jy r r n M1 5 � , y e 7 c x q , r s q �4 33 � r ✓' JJN'' l _ v r r t , , <E, r. t—f-+•'' u,�i`,. sf f,,,�k .r,.C'y ,` orfiddlillo AM 2 g 9 Unauthorized d, toth s survey is ha Violation of PA Section 7208 of the New York State �" d Education Law, N Copies of this sunray map not bearing the land surveyor's inked seat or �� �q,\CK Vq * f embossed seal shag not be considered CO �® to be a valkl tfue eW -< - y - @auaranteestndkreted hereon shall run - omy to the person forwhom the survey r, r is prepared,and on his behalf to the O� �o CO2 A: title company,governmental agency and C S 2�6 r lending institution listed hereon and `rF0(q N C 5JP to the assignees of the lending instt- tution.Guarantees are not transferable to additional institutions or subsequent owners. � i i i , PE - -- - - --- / �/6�FM/tQsnJ S77CEA�11 � /'7iitv - - � A OCT 2 0 1995I,�'b 1-� • � OPT J' o �. CDju Gdad J a � b�y� �� r5f+' 0 �lll(V Or JdTHOLD rle4L werlgr�0 ,1'*�i 2` @ O J'G cF 841-K,.1.49 _ _ _ _ �i � 3 �L�,t� � �� • B �,�lo� of i 2oD�D Lt/'t,�¢A/vU7_101 � ;[A.�D r3�I /�6s�� - TD S F T 0E1.0 w 7-c P c F 6LAL �9, f/ I 1 • a Ado✓ E 1 01 IO -r io � G,vt� of P�ucKff�/1'p ,SGr I L p�7 � - f(TF- /$ /N</�E5 �pW62 7j19ri S�Hr�./Bylly�'/IG ��E /ZEM0C9�D �4 �v6� 1 _ r /t//Lol 0 7 /,5/r' 7 v APE/olorrep FROM okD 84.40lf6"'s Pr"r?R1167 FKI G or,N oF '8Qi[)1'-E ,LE�L�NIJ ��ALE ��✓ FEET /l fi'j!�;L riu 7_0fA1#1;lvli va'A6 flow 771P,4,4 - ---�i��E_.PRo P.o_SF D ✓T'�llC7uc'rr . . ------ -- � a � i - � .1 0 gq� ,,���A-D�( fv I?FMOUS� � , y�� /• E.� /- 0 �i4;7D10,17,9� k 8l� ® ® O 1-0 I')i1cNS-5 1-0 FA Apf v!'//y /!5 IV p `� P/�vo'os�� �uLKti-ru�1-�(I?Fr���iv�MUWtr�l 0r1m11lvi1Pr1cx )54e =�i� ,I , K ALI, that certain plot, piece or parcel of land, with the c, buildings and improvements thereon erected, situate, lying and being at Laurel, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: PF414MING at a concrete monument set in the northeasterly corner of the premises to be described herein, said point Also being the dividinq line of the Northwoat �rly corner of the land now or formerly of Rasweiler, the No:theasterly corner of the premises to be described heroin, %nd th• land of the Lonq Island Railroad Company, runnina thence alonq the land now or formerly of Rasweiler, the followinq [our (41 courfeetses to anconcretecmonumentyG(2)h 37*yorth361'217, n0, v01 vast ast3a fPet to a concrete monument, (3) Routh 29' 19' 40" Fast 5.05 517.90 feet to a concrete monument, (4) South 17. 48' 40' Past 740.64 feet to the lAnd now or formerly or T. niachun, thence South 60' 01' 20" West along the land now or formerly of T. 4iachun and the Northerly lot line of Lot 7 as shown on a certain map entitled, "Map of Golden View !states*, as filed in the Office of the Clerk of the Ccjnty of Suffolk As Map Number 7770, 420.26 feet to a concrete monument and the 'Easterly line of Lot Number 8 on the aforesaid map; thence North 31' 54' 30" West alonq the 81113 Easterly line of Lot Number 8 and the F,asterly side of a recharge basin As shown on the said "Map of Golden View P.states" 173.70 feet, thence North 12' 30' 30" West still along the easterly side of said recharge basin 138,69 feet to a concrete monument, thence North 63' 58' 20" Nest along the Northeasterly side of said recharge basin and the Northeacterly side of Condor Court ea both are shown on the said "Map of Golden View Fatates`, 208.05 feet to a concrete monument and the Easterly side of Lot 15 on the aforesaid map, thence North 44' 34' 10" west Along the "aid Easterly side of Lot 15 and the Easterly side of a 'Park and Recreation Area` as shown on the said "Map of Golden View Estates• 213.35 feet to a concrete monument and the Southeasterly side of said "Park and Recreation Area*, thence North 3 29 10" Past slonq the said SouthoAmterly side of the said "Park and Recreation Urea" 356.56 feet to a concrete monument and the land now or formerly of R. Leeds, thence North 3/ 09, 50" west along the land now or formerly of R. Leeds 424.26 feet to the land of the Tong Island Railroad Company and the Northwesterly corner of the premises F described herein, thence North 46' 43' 10• tA"t along the land of the Long Island Railroad Company 432.59 feet to the Point or place of 81GINNING. TOGPTHF,R WITH the benefits and SU9JECT TO the burden of a certain right of way to Main Road being bounded and described as f011nwsf PP,GTNMING At A point on the Southerly side of Main Road, said point bearing South 47' 23' 00" West 7.03 feet from a concrete monument not in the aaid Southerly side of Main Road marking the Northeasterly corner of the land now or formerly of Qualls and the Northwesterly corner of land now or formerly of Sawicki, said monument also bring 2,077 feet, more or less, Easterly from the Pasterly Aide of Laurel Lane, running thence South 20' 17' 30" East, through the land now or formerly of Qualls 112.72 fP_ety thence South 22' 06' 30" Past, still through land now or formerly of Qualls and the Plat 4 of 6 Vie, oil k ,P;;7, 44 ML- r —r--.__. _- .,..___---_—`----.—____- r _ .g 'a'�.F �:�ill�.jrtTLJ31>� i�il`f6 �vi✓1 -t' '�,/' � �;,,�• � f- .,,tom. ,�. �. _ �. - .ti. � f, �,� .. .r,��r .SX�r a� • �� to Ir� l,� � '�,: � .� �_ I y� f k • KV 1 , ' S ` w i f 90 �� S ,D .I�o.4PAM Soc(.`H- '" - /�5� 17/1 v 170 Al i Ottcr id W �f� / / pi // 44,4` C � 0Ss RET74 r,v A-1- r✓4- L F74 /vGTC , ?lri-: •/�� %c ij �oG�.rr! �- �r;�.�;.� L SCAB` . 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E1t� - - _ , I-sE /1f;c/E J) l?1� D �T �'0 3 - �Q / a/NF—ill PAo�'os�D �uLK�fi•��-� ,/� i JAN 41996 TO 1 0 C'UT OIL ii ,0 3 , �N 't /v SG q L E - P F-i'f c $ F T SCALE: 4 APPROVED BY: DRAWN BY DATE: REVISED 9sl DRAWING NUMBER