HomeMy WebLinkAboutTR-5536
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Albert J. Krupski, President
James King, Vice-President
Artie Foster
Ken Poliwoda
Peggy A. Dickerson
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-1366
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
April 23, 2003
Mr. Torn Wetzel
President
Fleetwood Property Owners Association, Inc.
PO Box 554
Cutchogue, NY 11971-0959
RE: Sch1usseVMcFar1and
SCTM#136-2-6,7 & 8
Dear Mr. Wetzel:
Thank you for the information on the SchlusseVMcFarland application.
Any addition of fill to the property would necessitate an amendment to their current
Trustee Permit.
Any grade change would require the applicant to show (and verified by a professional)
how the run-off would be contained on the site, and not discharged either directly into the
creek or onto the Town road and then into the creek.
Thank you for the information.
ve. ry truly yours, .." rL
wLJ 9. /~,;,J~ 7'
Albert J. Krupski, Jr.
President, Board of Trustees
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FLEET'
PROPERTY OWN
ECK
SOCIATION,INC,
. 54
CUTCHOGUE, N Y 11935
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April 21, 2003
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APR 2 2 2.003
Sou\llold Ton
Board of Truslllel
Southold Board of Town Trustees
c/o Mr. Albert Krupski, Jr., President
PO Box 1179
Southold, New York 11971-0959
Subject: Sch1ussellMacFarlane (SCTM# 1000-136-2-6/7/8); Permits to Develop
Dear Mr. Krupski:
Mr. MacFarlane, the contract vendee to the Sch1ussel estate, continues to pursue a
substantial Zoning Board of Appeals (ZBA) variance for a reduced front-yard setback to
site a house on the subject parcel. The ZBA has inquired as to a smaller house, less than
the 2700 square feet of area lately proposed, partly to minimize the magnitude of the
front yard setback variance.
A survey type drawing of the building envelope within the town requirements was
requested. The drawing supplied to the ZBA shows a building envelope of about 1300-
1400 square feet. Within that envelope, a rectangular building of 24x36 feet (864 square
feet) would require only a minimal variance.
The hearing dialog involved issues that probably are continuing concerns of the Board
of Town Trustees. The developers intend to add about 300 cubic yards of fill to raise the
grade around the house and over the cesspools. Discussion lead to questions about
surface water run-off for which the plan has no provisions. Members of the ZBA asked
for a hay-bale environmental fence barrier. We regard such a barrier to be largely
cosmetic. The hearing remains open, but we believe these drainage issues also concern
the Board of Town Trustees.
Please maintain your interest in this petition since it concerns our community
waterfront and is a significant test of the town's ability to sustain the intent of the code.
Beyond the instant case, there are ramifications with respect to other unbuildable lots.
Sincerely,
~ ;//~
Tom Wetzel, President
cc: Abigail Wickham, Esq.
FNPOA Executive Committee members
Carl Vail, Peter Bell, Barbara DiFrancesco
File: SchlusselMacFarlaneBott421.doc
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FLEET' ECK
PROPERTY OWN SOCIATION , INC.
P. .' 64
CUTCHOGUE, N Y 11935
..
April 11, 2003
I.
Lydia Tortora, Chair
Southold Town Zoning Board of Appeals
53095 Main Road
PO Box 1179
Southold, NY 11971-0959
Re: Application of SchlussellMacFarlane
SCTM #1000.136-206,7,8
Dear Ms. Tortora:
We of Southold have agreed on a code of rules concerning where and what structures are to be
built on real property. An owner of land may use his property in any lawful (code-supported)
way. In specific circumstances, the rules may not always foresee the public intent as expressed
in the code. For this reason, the Zoning Board of Appeals was created to interpret the code and
refuse, or allow, exceedances in keeping with the intent.
In the lnstance of SchlussellMacFarlane, we see no reason to exceed the code. Any house to be
built should be within the law, that is:
. 50 feet set-back from the road and allowable side yard
. No more than 35 feet high from the original grade
. Within the set back from the wetland prescribed by the Board of Trustees
. In accordance with building code requirements
1f the ZBA is inclined to allow exceedances in front yard set back, there should be a balancing
reduction in the allowable height (e.g. reduced to a smaller single-story house with a 43-foot set-
. back). Exceedances without compromise are unacceptable.
In closing, may ~e also point out that we the people of Southold have repeatedly and
consistently said that we want to preserve our remaining waterfront properties. Preservation
has become the poli<;y of the town. Exceedances of the code that allow building upon otherwise
unbuildable property fly in the face of the pubjic will.
Sincerely,
~~
Tom Wetzel
President
Cc: Board of Trustees
Abigail Wickham, Esq.
Carl Vail
Peter Bell
Barbara DeFrancesco
FNPOA Executive Committee members
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Albert J. Krupski, President
James King, Vice-President
Artie Foster
Ken Poliwoda
Peggy A. Dickerson
.
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. Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-1366
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
TO:
Zoning Board of Appeals
FROM:
Board of Trustees
DATE:
January 30, 2003
RE:
ROBERT A. MAC FARLANE I NEIL SCHLUSSEL
E/S STILLWATER AVE. EAST, CUTCHOGUE
SCTM#136-2-6, 7 &8
In the minutes from the April 24, 2002 meeting, the Board of Trustees discussed a
certain size house that the Board would permit on the Schlussel parcel on Stillwater
Ave.
Although the Board didn't print the house size in the permit that was issued, the house
size of 40'X 50' or less was reflected in the minutes.
cc: Fleet's Neck Property Owners Association
Albert J. Krupski, President
James King, Vice-President
Artie Foster
Ken Poliwoda
Peggy A. Dickerson
.
.
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-1366
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES
72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN
APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO
SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE
PERMIT.
INSPECTION SCHEDULE
//
Pre-construction, hay bale line
151 day of construction
Yo constructed
_ / Project complete, compliance inspection.
Albert J. Krupski, President
James King, Vice-President
Henry Smith
Artie Foster'
Ken poliwoda
.
.
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Town Hsll
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
TO: ~ 5cbJl1M"J
Please be advised that your application, dated ~/~/oo
has b~en ~~v!ewed by this Board, at the regular meeting of
1/ L eN ~ and the following action was taken:
(-0 Application Approved (see below)
(____) Application Denied
(____) Application Tabled
(see below)
(see below)
If your application is approved as noted above, a permit fee is
now due. Make check or money order paya~le to the southold Town
Trustees. The fee is computed below according to the schedule
of rates as set forth in the instruction sheet.
The following fee must be paid within 90 days or re-.application
fees will be necessary.
COMPUTATION OF PERMIT FEES:
.
OlI.:nJl).p.QP~@J.s S,U\) /.QS)C Lv
(~ a-ctnc hid)
TOTAL FEES DUE: $ /0, O()
I ,slaV
~d. 4 ~03>~o
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SIGNED: y.
PRESIDENT, BOARD OF TRUSTEES
BY: ~(Jllll Of") ..JarriJ..J:1.-&.")
C , BOARD OF TRUSTEES
4/98
Board Of Southold . Town Trustees
SOUTH OLD. NEW YORK
PERMIT NO. pS$:.3"..P DATE: ....~pri~ 2.:5......2.002
NEIL SCHLUSSEL
ISSUED TO ....P.......P..P_.uu.....u...........u...P........................ .... .............................. .............
J\ut~nrilntintt
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
. State of New York 1952~ and the Southold Town Ordinance en-
titled ."REGULATING AND THE PLACING OF OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC LANDS and the
REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM
LANDS UNDER TOWN. WATERS;!!: and in accordance with the
Resolution of The BOard adopted at a meeting held on ....~p.:r.~l...2.i!.
.200..2....... and in consideration of the sum of $...J:5.Q.:.Qo.. .... paid by
Neil Schlussel
,_ ....................................... ............_...................... ..................................n....h........-.............................-.....
of ....u..........!DgrJ.Q1\.............................................. N. Y. and subject to the
Terms and Conditions tlsted on the reverse side hereof.
of Southold Town Trustees authorizes and permits the foBowing:
Wetland Permit to construct a single-family dwelling, attached
1 garage. deck and sanitary system, with the condition of a 40'
non-disturbance buffer, gutters & drywells. and as depicted on
the survey dated January 30, 2002 & last revised June 27,200"2.
aU in accordance with the detailed specifICations as presented in
the originating application.
IN WITNESS WHEREOF. The said Soard of Trustees h.ere-
by causes its Corporat~ S~al to be a~xed. and these ~sents to
be subscn"bed by a maJority of the saId Board as of this dat.e.
. .
T_iees
.
.
TERMS and CONOmONS
n.e p..rmlw-
Neil Schlussel
J:CSIdiag at 8040 Cleary Blvd.. Plantation FL 33324 N. Y.. as
put" of cbe coasMetatioa for the is$>'.nre of the PUmit cIocs UIJN",ond and prescribe to che fol-
lowiag:
1. That cbe said Board of Trustees and the TOWI1 01 Soudlold ate R1casecI from ISJ'f and
aU damages, or claims f<< damages, of .... adsiag dltecd:y or lacIirecdy as .. ftSuk of ISJ'f oper-
adoa perfoaDeCl pinownt to d1is peaalt, ...s the said p,., ~I~"" will, at his or IIer own a:p CIIK.
defend ISJ'f ...s allllich IUirs"ln;./oted by thUd puder, ...s cbe said p.o. 111_'-""" fall Jiabllity
wiIh ftipect cbeteto. to the CIOCDl"mexdasioa of cbe Baud. 01 'tmsttes of cbe TOWIi 01 S."~I ~
2. That d1is Petmlt is" wIid f<< .."period of 24 IDOl. 'WIdch is <lC'lISl"'-ed to be cbe
-....ted dme"required lD ~m cbe 'WOd< iawhecl, bat"iboa1d~"""" ~ ~
for an exIlOOSioo _y be made lD the Board at .. Jaw: cIalIe.
. " 3. That d1is Pemit ~d be rdaiaed iadefiaitely. or as 100g as the said ~ wisbCs
lD . ....1_ln cbe struaure or project involved, to provide eridettce lD anyoae coocemcd !bat auIh-
"od2:atioa WIS origiaally obtaiaed.
4. That the wodclmolved wiI1 be IlIbject to cbe j,,~ and appronJ of cbe Boetd or
ia ageots, and aon-<lIlIIIpUaooe . wkh" the prO'risioas 01 cbe oMgl-fL,g app1icatioa, may be - for
revocatioo of d1is Petmlt by ~lutioa of the saM Board.
s. That tbere will be lID untelSOOfflle iatedereoce wiIh Dftigadoa as .. result of cbe """" "
. beteIa ..:,1"'1).1 ed, .
6. That tbere sball be DO ~erence wkh the right of cbe pubIk to pass ...s repus aloag
cbe beach bemeeQ high ...s low water marks. "
7. That jf fucure operations of cbe Town of Soucb!>ld reqajre cbe 1'eIDOftI and/or .Icaadoas .
ia cbe 1OCf.w. of cbe 'WOd< beteIa -""""'iI, or if, ia cbe opiaIoo of the Boatd 01 T~ die.
work sball cause wueasoaabIe obstnJCbOC1 to free navigadoa, die said p..rml- wiI1 be nquhed.
apoo cJae DOtke, to _Or .Iter 1Ids work or project beteIa stated 1rirbout ~o~ f to cbe Towa
of Soutbolcl.. . "
8. That the said Board wiI1 be notified by the Permltue Ol die ~. Of cbe wod< IUd>-
orized.
9. That the Permittee wiI1 obWo all other permia and ~;;. dJat may be nquired sa;;
plemeotd to d1is permk 'WIdch _y be subject to teYOIr.e upon faUure to obWo --
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,/
Albert J. Krupski, President
James King, Vice.President
Artie Foster
Ken Poliwoda
Peggy A. Dickerson
.
.
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-1366
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
April 25, 2002
Gary Flanner Olsen
Attorney at Law
P.O. Box 706
Cutchogue, NY 11935
RE: NEIL SCBLUSSEL
E/S STILLWATER AVE. EAST, CUTCHOGUE
SCTM#136-2-6,7&8
Dear Mr. Olsen:
The Board of Town Tmstees took the following action during its regular meeting held on
Wednesday, April 24, 2002 regarding the above matter:
WHEREAS, Gary Flanner Olsen, Esq. on behalf of NEIL SCHLUSSEL applied to the Southold
Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of
Southold, application dated February 4, 2000, 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 Tmstees with respect to said application on
April 24, 2002, at which time all interested persons were given an opportunity to be heard, and,
WHEREAS, the Board members have personally viewed and are familiar with the premises in
question and the surrounding area, and,
WHEREAS, the Board has considered all the testimony and documentation submitted
concerning this application, and,
WHEREAS, the structure complies with the standards set forth in Chapter 97 of the Southold
Town Code,
2
.
.
WHEREAS, the Board has determined that the project as proposed will not affect the health,
safety and general welfare of the people of the town,
NOW THEREFORE BE IT,
RESOLVED, that the Board of Trustees approve the application of NEIL SCIILUSSEL to
construct a single-family dwelling, attached garage, deck and sanitary system, with the condition
of a 40' non-disturbance buffer, gutters and drywells, and as depicted on the survey dated
January 30,2002 and last revised June 27,2002.
BE IT FURTHER RESOLVED that this determination should not be considered a determination
made for any other Department or Agency, which may also have an application pending for the
same or similar project.
Permit to construct and complete project will expire two years from the date it is signed. Fees
must be paid, if applicable, and permit issued within six months of the date of this notification.
Inspections are required at a fee of $5.00 per inspection. (See attached schedule.)
Fees: None
Very truly yours,
{tetL"0 /4.-f~'r;.,
Albert J. Krupski, Jr. .
President, Board of Trustees
AJK!lms
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.
.
April 24, 2002
Southold Town Board of Trustees
Town Hall
53095 Main Road
P.O. Box 1179
Southold, N.Y. 11971
/,--------
Dear Trustees:
We are addressing you tonight on behalf of ourselves and our neighbors with regards to the pennit
application of Neil Schlussel [SCTM # 1000-136-2-6,7,&8]. We request that the pennit be denied
for the following reasons:
I. This combined piece of property is too narrow to support a building site without exemptions to the
reguiar and normal process. He has to ask for exceptions from the Trustees and Zoning Board
to secure a building pennit. While this might normally be a win-win situation for all parties, it is not
in this case because this is an environmentally sensitive piece of land. There is no way that granting
this pennit will not have an adverse effect on the wetlands and East Creek which represent 60% of
this parcel. Some might say that Mr. Schlussel's property rights are being abrogated by not being able
to sell this parcel as a home site. But according to Southold Town Property Card M-4, this entire
property consisting of three lots was purchased for a total investment of $59,500. Mr. Schlussel
may be losing a substantial profit, but not the value of his investment, which at the very least
is still retained. Certainly it is not the duty of the Trustee to secure his profit.
2. We submit that the inclusion of the third lot does not represent an equitable improvement of this
application. The home size has been at the very least doubled. Thus doubling the negative environ-
mental impact. Furthermore nothing can remedy the narrowness of this property.
3. We agree with the Conservation Advisory Council that there should be a 100Ft. non-distorhance
buffer and that the 30 Ft. proposed buffer would have an irreversible negative impact on the wetlands.
To sum up the reason the Applicant can't meet the request of the Trustees simply becanse this is an
unsuitable building site. Placing cesspools and a house on this environmentally sensitive site will increase
pollution and nm off in our Creek and deteriorate the wetlands that help filter and purify it. If every site
like this Is approved in Southold Town it will have a very negative impact on our marine environment;
lowering the quality oflife not just for fish and wildlife but for all of us . We ask you as Trustees of our
town to do your job and protect our wetlands and creeks from developers who are only interested in
serving their own private interests. The applicant is not a resident nor will be a resident of our town and
does nut share our concerns for the environment or our beautiful community.
Thank you
!/~~ ~
~13~
~'\ J~
.
GARY FLANNER OLSEN
.
.
.
ATTORNEY AT LAW
ASSOCIATE:
DAVID WDRTHINGTDN OLSEN
ATTORNEY AT LAW
PO, BOX 706 . MAIN ROAD . CUTCHOGUE. LONG ISLAND. NEW YORK 11935 . PHONE 631-734-7666
FAX 631-734-7712
April 18, 2002
Re: Neil Schlussel
Our File 6985
Dear Lauren:
Enclosed please find a copy of the survey in re the above
matter.
Very truly yours,
GFO: lmk
Enclosure
Southold Town Trustees
Attn: Lauren
P. O. Box 1179
Southold, NY 11971
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Telephone
(631) 765-1892
Town Hall. 53095 Main Road
P.O. BOlt 1179
Southold. New York 11971
soUTlIOLD TOWN
.CONSERV ATION ADVISORY COUNCIL
At the meeting of the Southold Town Conservation Advisory Council held Thursday,
April 18, 2002, the following recommendation was made:
Moved by Scott Hilary, seconded by Melvyn Morris, it was
RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of
the Wetland Permit Application of NEIL SCHLUSSEL to construct a single-family
dwelling, attached garage, deck and sanitary system.
Located: E/s Stillwater Ave. East, Cutchogue. SCTM#136-2-6,7&8
The CAC recommends Disapproval of the application because of the following reasons:
The subject property is a sub-standard lot. .
There should be a 100' non-disturbance buffer.
This environmentally valuable integral system is a vital part of the
surrounding wetland system and the connecting upland areas.
The CAC recommends that the lot be preserved in its natural state and
any other similar parcels be addressed by the Town because of their
environmental importance.
The proposed project with a 30' non-disturbance buffer would have an
irreversible negative impact on the wetlands.
Vote of Council: Ayes: All
Motion Carried
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FLEET'. ECK
PROPERTY OW~ . 50CIATION , INC.
P.~-;'SO ~, .54
CUTCHOGUE, N Y 11935
I\FF,
L
March 30, 2002
Board of Trustees
Town of Southold
53095 Main Road
Southold, New York 11971-0959
\.:-. .
Subject: Robert MacFarlane's application updated 3/6/02 to develop waterfront
property on Stillwater Avenue in Cutchogue (SCTM# 1000-136-2-6,7,8).
Dear President Krupski and Trustees Dickerson, Foster, King, Poliwoda:
We urge that you not approve the subject application.
The l?roperty is not a suitable building lot. It is substandard in that development would
reqUIre variance from the Town Code.
. The property is half underwater.
. The customary 50-foot wetlands buffer cannot be provided.
. While the proposal is clever, it shows marginal elevation, a septic tank and
cesspools shoehorned between the house and the road, and a setback of only
19 feet.
This is a high quality environmental property. It not only includes a nice stand of
spartina alternaflora marsh, but offers a fme vista of the Town-owned creek and estuary
for all to enjoy as they travel along Stillwater Avenue. Development would negatively
impact the wetlands, creek and the vista. It is not a suitable building site.
Ninety-five percent of the proposed development is within the 100-feet-from-the-water
jurisdiction of the Board or Trustees. Southold's well-stated interest in preserving our
environment is widely supported by our community. This proposal should be stopped
here by the Trustees who are entrusted with our waterfront and provided with the
authority to do so by the Town Code. It is important not approve this application.
Sincerely,
~1~~
Tom Wetzel, President
cc: Richard Ryan, Chair, Land Preservation Committee
Melissa Spiro, Coordinator, Land Preservation Department
Josh Horton, Supervisor
Scott Hillary, Chair, Conservation Advisory Committee
Kevin McCallister, Baykeeper
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ELIZABETH A. NEVILLE
TOWN CLERK
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
APPLICATION FOR PUBLIC ACCESS TO RECOROjW{ I 8 c
INSTRUCTIONS: Please complete Section I of this form anp give to Town Clerk's
Office (agency Freedom of Information Officer). One copy will be returned to you
in response to your request, or as an interim response.
-------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------
SECTION I.
TO: ~N1P 05\' lf2vSn--'1<3
(Department or Officer, if known, that has the information you are requesting.)
RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply
date, file title, tax map number, and any other pertinent information.)
Vl?nn O)J OF MAc ~LA,,}C: ",,?C \Nt tI- lDBO - (":::>& _ Z-. G:., 7 .J! 8:>. iifov
Signature of Applicant:
Printed Name: 'G.~I ~rJ-nrvz.,""Tt:JV
C)y;. u)~cfl~ ~~
Address:
~1..Jl<( ~4<..J<2
f0y'
l(9~(
Mailing Address (if different from above) :
Telephone Number: l?' l{ , '-t 1-1.- 7 Date:
-
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[
[
]
]
APPROVED
APPROVED WITH DELAY*
- .
f5aktitl'lJ/AJ
Elizab~t . A. Neville
Freedom of Information Officer
RECEIVED
[
]
DENIED*
MAR 1 8 2002
Date
Southold Town Clerk
* If delayed or denied see reverse side for explanation.
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October 24,2001
Board of Town Trustees
Town of South old
Town Hall
53095 Route 25
P.O. Box 1179
Southold, NY 11971-0959
Dear Trustees:
Weare addressing you tonight on behalf of ourselves and our neighbors, with
regards to the permit application of Neil Schlussel (sctm 1000-136-2-7+8). We request
that the permit be denied tor the tollowing reasons:
1. The site plan calls tor a septic system within 75 teet of the Wetlands line. It is not
the policy of the Trustees to approve this and the applicant knows it ; to quote
Trustee President Krupski from the minutes of the meeting of Trustees on May
24, 2000 " They would have to show us the septic system outside of our
jurisdiction" and" the septic system would of course would be outside our
jurisdiction outside the 75'" and " it is unacceptable to have a septic system within
our jurisdiction that is just not acceptable."
2. The site plan does not provide a 50' butler, on May 24, 2000 President Krupski
said" Our standard butler tor new construction is 50' we requested the applicant
to adhere to that" and " the CAC recommends disapproval it recommends the 50'
nondisturbance butler "and" I would be inclined to table this until the applicant
can show us a 50' butler from the wetlands." The applicant is well aware of this
requirement but has not adhered to it.
3. The deck intrudes into the 50' wetlands distance from the house.
To sum up the reason the applicant can't meet the requests of the Trustees simply
because this is an unsuitable building plot. Placing cesspools and a home on this
substandard plot will only increase pollution and run otf in our creek and deteriorate the
wetlands that help tilter and purity our creeks. If every site like this is approved in
Southold Town it will have a very bad ettect on our marine environment; lowering the
quality oflite not just tor tish and wildlite, but tor all of us. We ask you as Trustees ot
our town to do your job and protect our wetlands and creeks from developers who are
only interested in serving their own private interests and do not share our concerns, tor
our beautiful community.
Thank you
, 1j~ B J5G - ~"L-j eE. Yet'nUl
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Nt~~( ~rAr~ UEPARfMcNI OF EN~IRUNMtNIAL CONSeR
DEC PERMIT NUMBER
1-473B-02559/00001
FA~;tITY/PROGRAM NUMBER(S)
.
PERMIT
Under the Environmental
Conservation Law
June 1, 2004
II TYPE OF PERMIT. New 0 Renewal 0 Modification 0 Permit to Construct
I
o Article 15, TitLe 5: Protection
of Waters
o Article 15, Title 15: Yater
Supply
0 6NYCRR 608: Water Quality
Cert if i cat i on
0 Article 17, Titles 7, 8: SPDES
0 Article 19: Air Pollution
Control
0 Article 23, Title 27: Mined
land Reclamation
0 Article 24: Freshwater Wetlands
. Article 25: Tidal \.IetLands
o Article 15, Title 15: Yater
Transport
o Article 15, Title 15: Long
Island Wells
o Article 15, Title 27: Wild,
Scenic and Recreational Rivers
, iUN
EFFECTIVE DATE
June 1, 2001
EXPIRATION DATE(S)
o Permit to Operate II
I
o Article 27, Title 7; 6NYCRR
360: Solid Waste Management
[} Article 27, Title 9; 6NYCRR
373: Hazardous Waste Management
[] Article 34: Coastal Erosion
Management
[] Article 36: Floodplain
Management
o Articles 1, 3, 17, 19, 27, 37;
6NYCRR 380: Radiation Control
PERMIT ISSUED TO TELEPHONE NUMBER
Nei 1 Schlussel (954) 916-0892
ADDRESS OF PERMITTEE
1248 Falls Boulevard Weston FL 33327
CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER
Linda Kowalski, Permits & Drafting Unlimited, P.O. Box 743 Matt huck NY 11952 (631) 29B.5968
NAME AND ADDRESS OF PROJECT/FACILITY
Schlussel nronPrty. Stillwater Avenue Cutchogue
LOCATION OF PROJECT/FACILITY
SCTM #1000-136-2-7 & 8
COUNTY TOWN WATERCOURSE NYTM COORDINATES
Suffol k Southold East Creek
DESCRIPTION OF AUTHORIZED ACTIVITY:
Construct a single family dwelling, deck, sanitary system, driveway and well. Place 100 cubic yards of fill and grade. All work Is to be
done in accordance with the attached plans stamped NYSDEC approved.
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By acceptance of this permit, the permittee .gre.. thet the permit t. contingent upon atrict compltance with the
ECl, all appLicable regulations, the General Conditions specified (see page 2 & ]) and any Special Conditions 'neluded as
part of this permit.
PERMIT ADMINISTRATOR: ADDRESS
George U. Hammarth (DMG) Bldg. #40 SUNY Stony Brook NY 11790-2356
AUT%~ED SI~ OATE
:.- i/, June 4 2001 Page 1 of 4
I'J IVKK. ~ IAi l Ui:.f'J\k n'..1ENT OF ENVIRONivlENTAL CO
VATION
.
N
FICATlON OF OTHER PERMITTEE OBL GATIONS
Item,A: Permittee Accepts Legal Responsibility and Agrees to Indemnification
The permittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation
' of the State of New York, its representatives, employees, agents, and assigns for all claims, suits, actions, damages,
and costs of every name and description, arising out of or resulting from the permittee's undertaking of activities or
operation and maintenance of the facility or facilities authorized by the permit in compliance or non-compliance with
the terms and conditions of the permit
Item B: Permittee's Contractors to Comply with Permit
The permittee is responsible for informing its independent contractors, employees, agents and assigns of their
responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with
respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the
Environmental Conservation law as those prescribed for the permittee,
Item C: Permittee Responsible for Obtaining Other Required Permits
The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that
may be required to carry out the activities that are authorized by this permit
Item D: No Right to Trespass or Interfere with Riparian Rights
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 impairment of any rights, title, or
interest in real or personal property held or vested in a person not a party to the permit
GENERAL CONDITIONS
General Condition 1: Facility Inspection by the Department
The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals
by an authorized representative of the Department of Environmental Conservation (the Department) to determine
whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended
pursuant to ECl 71-0301 and SAPA 401(3),
The permittee shall provide a person to accompany the Department's representative during an inspection to the
permit area when requested by the Department
A copy of this permit, including all referenced maps, drawings and special conditions, must be available for
inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon
request by a Department representative is a violation of this permit
General Condition 2: Relationship of this Permit to Other Department Orders and Determinations
Unless expressly provided for by the Department, issuance ofthis permit does not modify, supersede or rescind
any order or determination previously issued by the Department or any of the terms, conditions or requirements
contained in such order or determination.
General Condition 3: Applications for Permit Renewals or Modifications
The permittee must submit a separate written application to the Department for renewal, modification or transfer
of this permit Such application must include any forms or supplemental information the Department requires. Any
renewal, modification or transfer granted by the Department must be in writing.
The permittee must submit a renewal application at least:
a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES),
Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste
Management Facilities (SWMF); and
b) 30 days before expiration of all other permit types.
Submission of applications for permit renewal or modification are to be submitted to:
NYSDEC Regional Permit Administrator, Region 1, SUNY Bldg #40, Stony Brook, NY 11790-2356
General Condition 4: Permit Modifications, Suspensions and Revocations by the Department
The Department reserves the right to modify, suspend or revoke this permit The grounds for modification,
suspension or revocation include:
a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions
of the ECl and pertinent regulations is found;
b) the permit was obtained by misrepresentation or failure to disclose relevant facts;
c) new material information is discovered; or
d) environmental conditions, relevant technology, or applicable law or regulation have materially
changed since the permit was issued.
DEC PERMIT NUMBER
1-4738-02559/00001
PAGE 2 OF 4
ORK STATE DEPARTMENT OF ENVIRONMENTAL CO ATION
"ADDITIONAL GENERAL CO DITIONS FOR ARTICLES 15 (TITLE 5), 24, 25, 34 AND 6NYCRR PART 608
.
( TIDAL WETLANDS)
1. If future operations by the State of New York require an alteration in the position of the structure or work herein
authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable
obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the
people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered
by the Departmentto remove or alter the structural work, obstructions, or hazards caused thereby without expense
to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other
modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to
the State, and to such extent and in such time and manner as the Department of Environmental Conservation may
require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the
navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on
account of any such removal or alteration.
2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein
authorized which may be caused by or result from future operations undertaken by the State for the conservation
or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any
such damage.
3. Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission,
consent or approval from the U.S. Army Corps of Engineers, U.S. Coast Guard, New York State Office of General
Services or local government which may be required.
4. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended
solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other
environmentally deleterious materials associated with the project.
5. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large
refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause
damage to navigable channels or to the banks of a waterway.
6. There shall be no unreasonable interference with navigation by the work herein authorized.
7. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the
applicant shall, without expense to the State, and to such extent and in such time and manner as the Department
of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and
restore the site to its former condition. No claim shall be made against the State of New York on account of any
such removal or alteration.
8. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the
subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302,
303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are
met.
9. 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 project, the bottom portion of the form must also be
signed and returned, along with photographs of the completed work and, if required, a survey.
10. All activities authorized by this permit must be In strict conformance with the approved plans submitted by the
applicant or his agent as part of the permit application.
Such approved plans were prepared by: Howard E. YounQ on 12/16/99 and last revised 5/8/01.
OEC PERMIT NUMBER
1-4738-02559/00001
PAGE 3 OF 4
.
NE.RK STATE DEPARTMENT OF ENVIRONMENTAL CONSaTION
SPECIAL CONDITIONS
.
"
1. During construction, concrete or leachate shall not escape or be discharged, nor shall washings from transit mix
trucks, mixers, or other devices enter tidal wetlands and or protected buffer areas.
2. 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.
3. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted
activity .
4. 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.).
5. The storage of construction equipment and materials shall be confined to within the project work site and or upland
areas greater than 75 linear feet from the tidal wetland boundary.
6. All fill shall consist of "clean" sand, gravel, or soil (not asphalt, flyash, broken concrete or demolition debris).
7. To protect the values of the tidal wetlands, a permanent vegetated buffer zone shall be established. There shall
be no disturbance to the natural vegetation or topography within an area extending 30 linear feet landward of the tidal
wetland boundary.
8. A row of staked hay bales or approvable erosion control devices shall be placed as per NYSDEC approved plan,
at commencement of regulated activities and remain in place until project is completed and all disturbed areas
stabilized with vegetation.
9. Roof runoff shall be directed to drywells located on the landward side of the dwelling for immediate on-site
recharge.
10. Driveways and parking areas shall be constructed of pervious material.
11. The permittee shall incorporate the following language as a notice covenant to the deed:
"Regulated tidal wetlands associated with East Creek are located at Stillwater Avenue, Cutchogue, NY, Suffolk County
Tax Map Number: District 1000, Section 36, Block 2, Lots 7 & 8, otherwise known as the properties of Neil Schlussel
and his heirs, assigns, or successors. This property is subject to the provisions of New York State Environmental
Conservation Law (ECL) Article 25 or its successor, and the conduct of regulated activities may occur only pursuant
to ECL Article 25 if prior approval is given by the New York State Department of Environmental Conservation
(NYSDEC) or its successor. Regulated activities include, but are not limited to the erection of any structure(s);
excavation; dredging grading and filling; clearing of vegetation; and application of chemicals."
This deed covenant shall be recorded with the Clerk of Suffolk County within 90 days of the issuance of this permit
A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit,
shall be sent within one calendar year of the issuance of this permit to: NYSDEC, Regional Manager, Bureau of
Habitat, SUNY Building 40, Stony Brook, New York 11790-2356.
DEC PERMIT NUMBER
1-4738-02559/00001
PAGE 4 OF 4
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GARY FLANNER OLSEN
ATTORNEY AT LAW
Dc'(. C}..'-\ l'\l:hv'\f1q
ASSOCIATE:
DAVID WORTHINGTON OLSEN
ATTORNEY AT LAW
P.O. BOX 706 . MAIN ROAD . CUTCHOGUE, lONG ISLAND, NEW YORK 11935 . PHONE 631.734-7666
FAX 631-734-7712
September 7, 2001
Re: Sch1usse1 to Macfarland
Stillwater Ave., Cutchogue
1000-136-2- 7 & 8
To whom it may concern:
Enclosed please find the Health Department approved survey.
Now that we have received Health Department approval please
reschedule a hearing with the Board of Trustees.
Very truly yours,
GFO:lmk
Enclosure
,
Southold Town Trustees
Town Hall - Main Road
Southold, NY 11971
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Carl & Elizabeth Vail
P. O. Box 967
Cutcbogue, NY 11935
(631) 734-6525 home
(631) 727-2271 work
August 23, 2000
Board of Town Trustees
Town of Southold
Town Hall
53095 Route 25
P. O. Box 1179
Southold, NY 11971-0959
Dear Trustees:
I am requesting that the application of Neil Schlussel (SCTM
1000-136-2-7&8) be disapproved for the following reasons:
1. The permit would require an exception for setback from
wetlands of 41' rather than 50' required; as nearly all
waterfront houses have decks on the water side, it is very
likely that with a 12' deck this could become a 21' variance
from requirements.
2. The permit requires an exception for the placement of a
septic system. The placement according to the survey by
Young & Young received by the trustees on July 19 shows 38'
from the wetlands line. As per President Krupski's
statement at the May 24, 2000, meeting regarding this
application "so they would have to show us the septic system
outside of our jurisdiction completely" and further "and it
is unacceptable to have a septic system within our
jurisdiction. That is just not acceptable." (See attached
copies of minutes of 5/24/00 meeting.)
3. The approval of this property as a building site will mean
that the owner will then go the zoning board for a setback
variance and then the Health Department for permits, all of
which will require exceptions to the codes. Sometimes when
something looks like a bad idea, it is a bad idea. Granting
approval based on exceptions may appear to be simply passing
the buck to the zoning board and other agencies, when a
simple refusal would save everyone a lot of time and money.
.
A.,
,
Board of Town Trustees
Page 2
August 23, 2000
Thank you for your assistance in this matter.
Sincerely,
Carl
~er.J:D~
E. Vail .
t2(~
lizabeth Vail
Enclosure
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I. S.E.L. Pennits on behalf of '1'IMtn'ttlC " RANCY BILL requests a
Wetland Pennit to install a 4'X45 catwalk, a 3'x12' ramp and a
6'x20' float with 2 piles. Located: 360 Oak Ave. Southold.
SCTM'77-2-2
TRUSTEE KRUPSKI: Has been postponed per the agent's request.
2. Gary Olsen, Esq. on behalf of REIL SCHLUSSEL requests a
Wetland Permit to merge land into one lot, instead of two, for
construction of a single-family dwelling. Located: Stillwater
Avenue, Cutchogue SCTM'36-2-7&8
TRUSTEE KRUPSKI: Is there anyone here who would like to speak
in favor of the application? Is there anyone here would like to
speak regarding any other aspect of the application.
CARL VAIL: I will make my comments brief. I would like to
speak again In opposition of the application. I believe the
amount,--Qf property is too small to support a house. With set
backs and the adjacent properties to the south are just used for
access to the creek. I also want to note that previous use of
these lots was a small camp grounds, not as housing sites.
There is a lot of small parcels like this in our neighborhood.
(Cannot understand). Although I do realize that two parcels
have been joined. I believe it will adversely effect the
wetlands on this site. That is it.
TRUSTEE KRUPSKI: Thank you. Any other COllllllc..t. I believe we
are still working off the old original plans that we received.
There were deficiencies in the plans, there was no wetland line
on them. The house was staked originally when we visited the
site. The house showed about 15 feet from the wetlands. We
reeived the new plans, I do not know if you have seem them.
Showing the wetland line, showing the house at 16 feet from the
wetlands. As we had seen in the field. Our standard buffer for
new construction is 50 feet. We requested that the applicant
adhere to that. The septic system would, of course, be outside
of our jurisdictIon. OutSide the 75 feet in order for us to
comply with not only with our Board. Also Suffolk County Health
Department who would regulate that septic system once it was
outside of our jurisdiction. CAC recommends disapproval. It
recommends that 50 foot non-disturbance buffer and requests that
proposed structure be located closer to the road to allow for
the 50 foot buffer. The CAC recnmmonds that there be no
heating/ air conditioning systems in the crawl space. They
recommended disapproval on this current plan. I would be in
kind to table this until the applicant can show us plans that
shows a 50 foot buffer from the wetlands. I believe they have
the septic system located outside -of our juriSdiction right
now. They have the septic system 80 feet.
~~.~ .=~~ Close close.
~. ,.- -lit: No that one is at 70 ~eet ,<::- ...~.. "~IlWI rrtllii!
The house at 50 feet. I do not want to spend any
this plan. So I will make a motion, if there are
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no further comments to table this application. Until we can get
some better information from the applicant. Information that we
can work on.
MRS. VAIL: Does that mean until you get any other site plan
from the aEElicant.
-..jJlt'lJI!lH I am assuming that I will have to contact the
applicant and tell them what went on tonight. With the CAC
comments about the 50 foot non-disturbed buffer "..".
( !.. ;~~!!!!! !!;r. ~U~"- J' ~~ "~ i.
~;~es ~ne app~l~a~~ wants ~~ :~v:i~n i~b;:dt~~;e~~;;~ they
do not. That is up to them.
MRS VAIL: So we can contact (cannot understand).
TRUSTEE KRUPSKI: You can if you want to have Charlotte contact
you if it comes up. In the future. If we table it. It should
automatically come up at the next month. But if they do not
persue it, actively persue it. Could sit there for six months,
before it comes up again. We have no control over that. It is
up to the applicant. So you can call and check now and then to
be sure. So I have made a motion to table it,
seconded.
TRUSTEE KING: Seconded. ALL AYES
3. Proper-T Permit Services on behalf of WEST I..AKE ASSOC.
requests a Wetland Permit to dredge the entrance channel and
adjoining portions of West Lake to 3' below MLW, place a total
of approx. 600 cy. of dredge spoil on indicated sites,
maintenance dredge to same conditions as necessary to max. of
additional times during the next 10 years. Located: 5050 Cedar
Point Drive West, Southold. SCTM#90-l-ll
TRUSTEE KRUPSKI: Is there anyone here who would like to speak
in favor of this application?
JIM FITZGERALD: For the property owners association. As we
have discussed over the several meetings, and at the work
session tonight. I would like to propose that you approve the
permit. With the condition that the project be changed to
include the dredging of the -how shall I put it - area on the
inside of the channel on the west side, starting at the high
water mark and dredging against a downward slope to the three
foot depth, in the area that we are already proposing to
dredge. Remove the scaling remains of the bulkhead in that area.
As I mentioned before the indications are that this is Trustee
property. The conditions of the permit would be to provide
satisfaction - proof of contractors financial reliability. From
the stand pOint of possible damage to surrounding
properties.
TRUSTEE KRUPSKI: I think that is what we are looking for. So
all we need in addition to this. Is the proof that everyone is
satisfied as far as liability to the structures go. Plans
showing the removal of the old bulkhead that was put in
illegally and our assumption that it is trustee owned land that
fill was bulkheaded and fill should be removed. That intertitle
fringe be replanted with coconut fibers and the spartina and
Albert J. Krupski, President
James King, Vice-President
Henry Smith
Artie Foster
Ken Poliwoda
.
.
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-1366
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
November I, 2000
Gary F. Olsen, Esq.
Main Road
P.O. Box 706
Cutchogue, NY 11935
Re: NEIL SCHLUSEL
SCTM#36-2-7&8
Dear Mr. Olsen:
The Southold Town Board of Trustees gives you permission to install the test well, in order for
you to proceed with the application with the Health Department
If you have any questions, please don't hesitate to call.
Very truly yours,
(la,-I 0 /~J.,'~.
Albert J. Krupski, Jr.
President, Board of Trustees
AJK:lms
'-,
---..-
.
.
elv
~
GARY FLANNER OLSEN
ATTORNEY AT LAW
ASSOCIATE:
DAVID WDRTHINGTON OLSEN
ATTORNEY AT LAW
PO. BOX 706 . MAIN ROAD . CUTCHOGUE, LONG ISLAND, NEW YORK 11935 . PHONE 631-734-7666
FAX 631-734-7712
October 27, 2000
Re: Schlussel to Macfarland
Our File # 6985
To whom it may concern:
Please be advised that I represent Niel Schlussel ~ho has an
application pending before your Board. Before the
application can proceed with the Health Department I will
need a letter of authorization or clearance to have the test
well installed as shown on the survey.
Very truly yours,
GFO: Imk
Southold Town Trustees
Main Road - Town Hall
Southold, NY 11971
cc:
Permits & Drafting Unlimited
P. O. Box 743
Mattituck, NY 11952
!";
I
OCT 3 I 2000
u-'-.
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'.".-.-". '".", .-:'--'''', ,--,.-..." ". - ,-~..
.
.
Albert J. Krupski, President
James King, Vice-President
Henry Smith
Artie Foster
Ken Poliwoda
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-1366
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
August 29, 2000
Mr. Charles Brigham
Suffolk County Dept. of Health Services
County Center
Riverhead, NY 11901
RE: NEIL SCHLUSSEL
Stillwater Ave. East, Cutchogue
SCTM#136-2-7&8
Dear Mr. Brigham:
The Southold Town Board of Trustees has reviewed the application for Neil Schlussel. Our
review is complete, except for the locatioI1 of the septic system.
Since we rarely permit septic systems in our jurisdiction, and because your review might change
it's location, we ask you to review this application wilhout our final approval.
If your department issues a pemlit with a final iocation, it would clear up any questions that we
would have and allow us to act on the application.
Thank you.
Very truly yours,
OLt,.19. /~~.~,
Albert 1. Krupski, If.
President, Board of Trustees
AJK:lms
cc: Gary F. Olsen, Esq.
Mr. & Mrs. Carl Vail
.
.
Telephone
(516) 765-1SCl2
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New Yark 11971
SOUTHOLD TOWN
CONSERVATION ADVISORY COUNCIL
At the meeting of the Southold Town Conservation Advisory Council held Monday, May 22,
2000, the following recommendation was made:
Moved by Scott Hilary, seconded by Richard Smith, it was
RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the
Wetland Permit Application of NEIL SCHLUSSEL 136-2-7&8 to construct a single-family
dwelling.
E/s Stillwater Ave. East, Cutchogue
The CAC recommends Disapproval and recommends a 50' non-disturbance buffer and requests
that the proposed structure be located closer to the road to allow for the 50' non-disturbance
buffer. The CAC further recommends that there be no heating/air-conditioning systems in the
crawl space.
Vote of Council: Ayes: All
Motion Carried
::- --
.
GARY FLANNER OLSEN
.
ATTORNEY AT LAW
ASSOCIATE:
DAVID WORTHINGTON OLSEN
ATTORNEY AT LAW
PO. BOX 706 . MAIN ROAD . CUTCHOGUE, LONG ISLAND, NEW YORK 11935 . PHONE 631-734-7666
FAX 631-734-7712
May 15, 2000
Re: Sch1usse1
SCTM:1000-136-02-7&8
To Whom it May Concern:
Enclosed herewith please find six (6) revised surveys as per
your request.
Very truly yours,
//;U-v A.......
RY FLANNER OLSEN
GFO:dwo
Enclosures
Southold Town Board of Trustees
HAND DELIVERED
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.
April 19, 2000
Dear President Krupski and Fellow Trustees:
liDJ( @....~ D ~i1... ~)f\
UlJ APR I 9 ?r~n
T01"i:;-:'~' .~
I; hl\l \....
Board of Trustees
Town of Southold
I am petitioning you in the matter of Neil Schlussel's request for a permit for a
single family dwelling located at Stillwater Avenue STM 136-2-7-8. I request that
the permit be denied for the following reasons:
1. Although Schlussel has stated 19,500 sq. feet of 1I\Ietland on the property, the
1I\Ietlands line is not shown on the map. This property is not on a man-made
canal, it is essentially a waterfront lot created by dredging 1IIIetlands. Thus,
granting a permit will not only adversely affect the existing 1IIIetlands but also
reward a type of development that is no longer legal. Some of this property is
apparently under water. What is the real square footage of this property? i.e.
1IIIetlands, underwater land, and actual property.
2. Since the adjacent lot is also owned by the Schlussel family, I suggest that all
three lots be combined before a building permit be considered. The current
application just does not have enough square footage for a viable building
site.
3. According to 97-21J of Southold Town Code (1IIIetIands) a permit cannot be
issued until "documentary proof that all other necessary permits and
approvals have been obtained: Ido not believe that this is the case.
4. The current site plan places the septic tank and pools under 150 feet from my
1I\Iell, which is a shallow1l\le1l12-15 feet deep.
We trust that you will take all of these issues into consideration and thank you for
your attention to this matter.
Sincerely,
Carl and Elizabeth Vail
CMJl ~ ~tI~
.
.
Telephone
(516) 765-1892.
Town Hall. 53095 Main Road
P.O. Box 1179
SoutllOld. New York usn
SOUTHOLD TOWN
CONSERVATION ADVISORY COUNCIL
At the meeting ofthe Southold Town Conservation Advisory Council held Tuesday. FebrualY
i 5, 2000. the following recommendation was made.
NEiL SCHLLTSSEL 136..2.7&'1, to construct a single-famiiy dwelling.
':lliilwaler /we., East, ClIt\~hOf}le
The CAe did net make a recommendation because of inadequate information.
4
.
PERMITS & DRAFTING UNLIMITED
P.O. Box 743
Mattituck, NY 11952
(516) 298-5968 (ph-fax)
lli[ :[~ :;'
-S,. 'IT~,r'
TOWN OF Jv ". ....
January 17,2000
Mr. Albert Krupski, Jr., President
Southold Town Trustees
P.O. Box 1179
Southold, NY 11971
-t-
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..
Re: Request for Authorization (Schlusself;.g00-136-2-7 & 8 (combined)
Dear Mr. Krupski:
,
The applicant-owner of the above property is proposing a dwelling with related water supply
and cesspool systems for one single-family dwelling on a Lot area of 42,943 sq. ft. - known as "Lot
81, plo Lot #82 and 80 on the Map of Section 2, M.S. Hand Subdivision." The property is located
on a man-made canal off Eugene's Creek in Cutchogue. The owner is proposing a single dwelling
on the 42,943 sq. ft. area with a minimum setback of75 feet from the edge of the canal as shown on
the recent plan dated December 16,1999.
The applicant is requesting a Letter of Non-Jurisdiction with the placement of hay bales and
natural buffer area, shown on the December 16, 1999 survey. Should a fee or other information be
necessary, please let us know.
Thank you for your reviews.
Very truly yours,
~~~'
Enclosures
if
..
.
Albert J. Krupaki, Presidsnt
James Kina. Vice.President
Henry Smith
Artie Foster
Ken Poliwoda
Town Hall
53095 Main Road
P.O.80111179
Southold. New York 11971
Telephone (516) 76518,'f'2
Fax (516) 765.18:;l3
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
~oastal Erosion Permit Applica
___Wetland Permit Application
___Grandfather Permit Application
___Waiver/Amendment/Changes
Received Application: .:lJ4JOCJ
ecei ved Fee: $ 1St?'
VCompleted ApplicaHon .J.N}QO
Incomplete
SEQRA Classification:
Type I Type II Unlisted
Coordination:(date ~tl ----
AC Referral Sent: 'llRJO
Date. of Inspection: nO
Rece~pt of CAC Report:
Lead Agency Determination:
Technical Review:
ublic Hearing Held:~/;J.UJoo
Resolution: .
fB-4mrJ ~
TOWN OF soUn-jO~_D
lIE -Ii 93:i
[l'V&
r
Name of Applicant Neil Sch1usse1
Address 8040 Cleary Blvd. #414, Plantation, FL 33324
Phone Number:(954) 916-0892
Suffolk County Tax Map Number: 1000 _136-02-007 & 008 (combined as one)
Property Locatio~\1/sSti11water Avenue East, Cutchogue
LILCO Pole #
(provide LILCO Pole I, distance to cross streets, and locationi,-
AGENT: PLEASE CONTACT PERMITS & DRAFTING UNL. for SIGN + HEARING NOTICE:
(If applicable)
Address:
Box 743
. "'''hek, NY 11952 Phone, 298-5;68 -- Vi
r;::"J' ~h AJJ~" 1 ~\tJj "'-5'" ~,f, ^
B~ of Trustees APPlicationlt
GENERAL DATA
Land Area (in square feet):
42,843 sq. ft.
Area Zoning: R-40 Residential
Previous use of property:
vacant land
Intended use of property:
residential
Prior permits/approvals for site improvements:
Agency
NYS DEC #10-87-0991
1987
Date
- 1993 (two houses)
5/75 R. villa (two houses/two
lots)
County Health Dept. Review Board
No prior permits/approvals for site improvements.
Has any permit/approval ever been revoked or suspended by a
governmental agency?
x
No
Yes
If yes, provide explanation:
Project Description (use attachments if necessary):
Owner has merged his land into one lot, instead of two, for
construction of a single-family dwelling. After permits are
obtained, design will conform to meet conditions of permits.
2
BoW of Trustees APPlication.
County of Suffolk
State of New York
Neil Schlussel BEING DULY SWORN
DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE
DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE
TRUE TO THE BEST OF HIS~ 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.
SWORN TO BEFORE ME THIS
1lf ;!;LJ1
Signature
Neil Schlussel
3rl DAY OF ftfyl}ir(j
2000
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tit t ' .lEFti/EYB:P~ICE
k,' . 9 ay ~. -Stare 01 fkx'ce
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7
B9IIf of Trustees APPlication4lt
COASTAL EROSION APPLICATION DATA
Purposes of proposed activity: To build a one-family dwellinq
on 42,843 sq. ft. of lot size.
Are wetlands present within 75 feet of the proposed activity?
No
x
Yes
(phragmites)
Does the project involve excavation or filling?
No
x
Yes for foundation and cesspool activities.
If Yes, how much material will be excavated? (cubic yards)
How much material will be filled? no extra filling (cubic yards)
Manner in which material will be removed or deposited:
backhoe or bulldozer for foundation and cesspool ccnstruction
Describe the nature and extent of the environmental impacts
reasonably anticipated resulting from implementation of the
project as proposed. (Use attachments if necessary)
Nature of activities is limited to one
result in disturbance to wetlands area.
i~ prnvidpd a~ will hay h~lp-~ and nthpy
be taken.
dwelling and will not
Natural buffer area
prntp,("'Tivp mpFl:~l1rp,:::,
4
BO'" of Trustees APPlication...
WETLAND/TRUSTEE LANDS APPLICATION DATA
Purpose of the proposed operations:
One dwelling.
19 500 forpfraqmites and canal area.
Area of wetlands on lot: , +- sf square ~ee~
Percent coverage of lot: 1800sf/ % less than 20% total let
Closest distance between nearest eXisting structure and upland
~dge of wetlands: 75.2 feet to edge of bank; less to phragmites.
(Please see deta1ls on survey submitted with application.)
Closest distance between nearest proposed structure and upland
edge of wetlands: 75.2 feet to edge of man-made canal.
Does the project involve excavation or filling?
No x Yes excavation for foundation and building
activities: cesspools, etc.
If yes, how much material will be excavated? cubic yards
How much material will be filled?
n/a
cubic yardS
Depth of which material will be removed or deposited: 3-4' for foundation
feet
Proposed slope throughout the area of operations: 20% +-
Manner in which material will be removed or deposited:
bulldozer for foundation diaaing. nr h~,...1c'hnp ~C! ~'TQ,...n:::l.tiu9
Statement of the effect, if any, on the wetlands and tidal
waters of the town that may result by reason of such proposed
operations (use attachments if appropriate):
No adverse effect on wetlands ~ hay bales and natural buffpr ~rQ~Q
will be placed to protect wetland area from construction activities.
3
YOUNG & YOUNG
400 Ostrander Avenue
Riverhead, New York 11901
.
.
Teleplwne (631) 727-2303
Facsimile (631) 727-0144
admin@youngengineering.com
HOWARD W. YOUNG, umd Surveyor
THOMAS C. WOLPERT, Professional Engineer
ROBERT C. TAST, Architect
March 4, 2002
Board of Town Trustees
Town of South old
Town Hall
53095 Main Road
P.O. Box 1179
Southord, New York 11971-0959
MAR - 6 ?(C'
~~...JL
iI '
RE: ROBERT A.
(formerl Neil Schlussel
Lot 80, 81 Lot 82,
"Map of Section 2, Property of M.S. Hand",
at Cutchogue, TIO Southold, New York
(01-0505)
S.C.T.M. No.: 1000-136-2-6,7 & 8
~cqry
,'1t- ~o
QY ~\
,Id
Dear Members of the Board:
Enclosed are eight (8) prints of the Building Permit Survey dated
January 30, 2002, for your review.
Please note that:
1. the third lot, ie. S.C.T.M. No.: 1000-136-2-6 has been added to
the survey, and
2. the three (3) proposed sanitary leaching pools are situated
approximately 90', 98' and 115' respectively, from the tidal
wetlands line.
We understand that this proposal conforms with the requirements and
suggestions discussed with the Board at the December 19, 2001 meeting.
Planning
Engineering
Land Surveying
Architecture
.
.
Page 2
March 4, 2002
Thank you for your ongoing cooperation and assistance with this
application.
If you have any questions, please do not hesitate to contact us.
Very truly yours,
~e.w~
Thomas C. Wolpert, P.E.
TCW/mal
Encl.
cc: Mr. Robert A. MacFarlane
Mr. Neil Schlussel
Gary Flanner Olsen, Esq.
+ 1 Print
+ 1 Print
+ 1 Print
.
GARY FLANNER OLSEN
.
ATTORNEY AT LAW
ASSOCIATE:
DAVID WORTHINGTON OLSEN
ATTORNEY AT LAW
P.O. BOX 706 . MAIN ROAD . CUTCHOGUE, LONG ISLAND, NEW YORK' 1935 . PHONE 631-734-7666
FAX 631-734-7712
April 22, 2002
Re: Neil Schlussel
Our File 6985
Dear Lauren:
Enclosed please find the following:
1. Affidavit of Posting.
2. Affidavit of Mailing.
3. Certified Mail Receipts
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GFO:lmk
Enclosures
Southold Town Board of Trustees
Attn: Lauren
Town Hall - Main Road
Southold, NY 11971
.
.
.
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
Name:
Michael LoGrande
Frank LiCari
Christine Ann Gretsch
Cad Vail III and Elizabeth A. Vail
Barbara Difrancesco
.
STATE OF NEW YORK
COUNTY OF SUFFOLK
Address:
P. O. Box 0403, Cutchogue, NY 11935
Orchard Lane, P. O. Box 261, Southold, NY 11971
2880 Harbor Lane, Cutchogue, NY 11935
P. O. Box 967, Cutchogue, NY 11935
3080 Stillwater Ave., P. O. Box 720, Cutchogue, NY
11935
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TOIMi.1 Or. SO' r;. I
,"-~~~~,.~~L-..'~_:_.'~'
Lorraine Klopfer , residing at 2140 Delmar Drive, Laurel, NY 11948
, being duly sworn, deposes and says that on the
9 day of April , 2002 , deponent mailed a true copy of the Notice
set forth in the Board of Trustees Application, directed to each of the above named
persons at the addresses set opposite there respective names; that the addresses set
opposite the names of said persons are the address of said persons as shown on the current
assessment roll of the Town of South old; that said Notices were mailed at the United States Post
Office at P-n....hng>... , that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to before me this 9
~'fr~
I Notary Public
qA4d~U ~~j'
DAVID W. OLSEN
NcUry Public. State of New ~
No. 020L6020974
au.Jified In Suffolk CountY
.. "Jlllllllllon expires March It 20.22.
..
.
.
I
NOTICE TO ADJACENT PROPERTY OWNER
._J_
BOARD OF TRUSTEES, TOWN 'OF' soUTHOLD
In the matter of applicant: NEIL SCBLUSSEL AND ESTATE OF MURRAY SCBLUSSEL
SCTMIHOOO- 136-2-6, 7, & 8
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to request a
Permit from the Board of Trustees to: Construction of a single family
residence, including garage, deck, sanitary system and driveway
2. That the property which is the subject of Environmental'"
.Review is locnted adjacent to your property -and is described as
follows: Lot 80, 81 and part of lot 82 " Map of Section II property of M.. P. Hand"
located at 3085, 3185 and 3265 Stillwater Avenue, Cutchogue
3. That the project which is subject to Environmental Review
,mder Chapte::s 32, 31. or 97 of 1;he Town Code .:.S open to pub::'i.;
CD~ent on:~ You may contact the Trustees Office at
765-1892 or in ~~iting.
The above refe~anced proposal is under review of the Board of
TrusteeS of the Town of Southold and does not reference any
ot~er agenC'/ that might have to review same proposal.
OWNERS N}\ME: ~l Schlussel and Estate of Murray Schlussel
MAILING ADDRESS:' c/o Gary Flanner 'Olsen, Esq. .
P. O. Box 706, Cutchogue, NY 11935
PHONE t: l b.H) /34-/bbb
Ene.: Copy of sketch or plan showing proposal for your
convenience.
. J TfnJ,:n,.~,!_~JE.,. u: r;,~
. /.'\ '-. ,.c,',
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1
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.
Albert J. Krupski, President
James King, Vice-President
Henry Smith
Artie Foster
Ken Poliwoda
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
BOARD OF TRUSTEES: TOWN OF SOUTHOLD
-----------------------------------
In the Matter of the Application
of
__1lt1}__SC~~~~~j_________________
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
AFFIDAVIT OF POSTING
.
Town Hall
. 53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-1366
I, David Worthington Olsen , residing at 205 Oak Street, Greenport, N.Y.
being duly sworn, depose and say:
That on the llday of April , 2002, I personally posted the
property known as 3185 Stillwater Avenue, Cutchogue, N. Y.
by placing the Board of Trustees official poster where it can
easily be seen, and that I have checked to be sure the poster
has remained in place for eight days prior to the date of the
~ublic hearing. Date of hearing noted thereon to be held~,~~I~I~
00 N"'"o.m\Ut i~OO Pm.
I/).V
~signature)
Dated: April 22,2002
Sworn to before me this
22 day of April 2002
~AJ:I'~~j'.,u
o ry PublJ.C
LORRAINE KLOpfER
NOI8rv Public. State of _Yock
No. 4828373
Qualified in Suffolk CountY n.(jo f)
Commission EJcpire& Nov. 30. ~
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-
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NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held by the
SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Main Road,
Southold, New York, concerning this property. .
OWNER(S) OF RECORD: Od\ ~~n\.U5Se.\
SUBJECT OF PUBLIC HEARING: S'nGlk"'fo.ftt~, GlJtL\"",
CbOtOqt'~ aet ~ SGnl~ ~.h\
TIME & DATE OF PUBLIC HEARING:WQj., 4pf'l .'I,~~
on cr Q.b\1A.., ,~ pM.
If you have an interest in this project, you are invited to view the Town file(s)
whi~h are available for inspection prior to the day of the hearing duri~_~~rmal
business days between the hours ot 8 a.m and 4 p.m. rry~r~' ff2 (Co
BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 76 U] ~ ~.~
HW![IQF S;J'l."
.
.
GARY FLANNER OLSEN
ULI 24 2GUI
ATTORNEY AT LAW
ASSOCIATE:
DAVID WORTHINGTON OLSEN
ATTORNEY AT LAW
II ,- ~ I,"
. ~.
PO. BOX 706 . MAIN ROAD . CUTCHOGUE, LONG ISLAND, NEW YORK 11935 . PHONE 631-734-7666
FAX 631-734-7712
October 24, 2001
Re: Neil Schlussel -
Trustee Application
File No. 6985
Gentlemen:
Enclosed herewith please find the following:
1. Affidavit of Posting.
2. Affidavit of Mailing.
3. Copy of DEC permit.
Please make same a part of your file.
GFO:lmk
Enclosures
Southold Town Trustees
Main Road - Town Hall
Southold, NY 11971
Hand Delivered
~.
Albert J. Krupski. President
James King, Vice-President
Henry Smith
Artie Foster
Ken poliwoda
.
. Town Hall
. 53095 Route 25
P.O. Box 1179
Southold. New York 11971.0959
Telephone (631) 765.1892
Fax (631) 765.1366
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
BOARD OF TRUSTEES: TOWN OF SOUTHOLD
-----------------------------------
OCI 2 4
In the Matter of the Application
. 'of
___f)~~~--~9~~U~--------------
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
AFFIDAVIT OF POSTING
I, Gary Flanner Olsen. Esq., residing at 660
O~~nd Dr. 5Bu~~~ld, N.Y.
being duly sworn, depose and say:
That on the 16th day of.October, 2001, I personally posted the
property known as 3185 Stillwater Ave E.. Cnl'rh"W'D. .. Y
by placing the Board of Trustees official poster where it can
easily be seen, and that I have checked to be su the poster
has remained in place for eight days prior to e ate of,A~~ ~~
:a:6~ng. D~~ of hearing noted thereo to b held ~\'~~I~\
t 7'tlf)~\,
Dated:
10/23/01
Sworn to before me this
f;i~~~;P
No ry Public /
.
LORRAINE KLOpfER
Notary Public, State of New Yo"
ND. 4828373
Qualified in Suffolk County
__ ExplteoNov.30. ;1.001
..
.
.
.
N01~ICE TO ADJACENT PROPERTY ownER
.'.
BOARD OF '1'RUSTEES, TOWNtlF. SOUTlIOLD
In the mat.ter of applicant:
Neil SciJussel
SCTMtlOOO-136-2- 7 & II
YOU ARE m:REBY GIVEN NOTICE:
1. That it is the intention of the undeJ:signed to request a
Permit from the Board of TruStees to: Construct a single family residence.
2. That the property which is the subject of Environmental."
.aaview i.s located adjacent to your property -and is described as
follows, 3185 Stillwater Avenue East Cutchogue, New York
(Suffolk County Tax Map 1000-136-2~7 & 8
3. That the project which is subject to EnviroI1lll.ental Review
under Chapte~s 32, 31, or 91 of the Town Code ~s open to pur-lie
CDll\JJ:ent 011l~~ You may ~ontact the Trustees Office at .
165~la92 or In ~Ti~ing.
The ebove, r""fe:t:encl!d proposal is under review cf tha Board of
Trusteas of the 'l'mm of Southold and does not :!:efarence an~'
other agetnC"/ that might have to review same proposal.
OWllERS NlIME: Neil Sc~ssel
MAILING illJDRESS;e7o Gary Flanner Ulsen,. Esq.
Main Rd., P. O. Box706, CutchoJ>;ue, NY 11935
PHONE t,_ (631)734-7666
Enc.: CO]?y of sketch or plan Showing proposal '.for your
convenience.
OCT 2 4 2']U!
l
PROOF OF MXILING OF NOTICE
ATl'ACa CERTIFIED MAIL RECEIPTS
Name:
Address:
Mr. and Mrs. Carl Vail III
(1000-137-1~16.1)
P. O. Box 967, Cutchogue, NY 11935
Frank Licari
(1000-136-2-9)
P. O. Box 261, Southold, NY 11971
Murray SdIlussel
(1000-136-2-6)
Apt. 414, 8040 Cleary Blvd., Plantation, Fla. 33324
ST.'\TE OF NEW YORK
COUN'l"L O!" SUFFOLK
l.oJ;_ciDa-..U~ , residing at 2140 Delm"T DT., La,!rel, NY 11948
--. -' being duly swerr!. dapesE:s' .1nci f;:;.Yf>
U;"t <;::1 ~;~e 16 day of October 2001 J!DX . ueOUIl(in:: :i!.al1.ed
.. ~i';,;,,,, copy Of -::he Notice set: forth j n the -aaa::::d of. T.::u,;<:~;s
ApPlication, dir!'!cted to each of the above narne<i "e.rs~ms ..t t!1e
~ddr;sses set opposite there respective nameSl that tr.~
,~u'.i.r.el;""'5 .."'c oppcsite the names of sald perS<.>ns a.t..;! the a<1,lr~ss
()t,~i\id persons as shown on the cur:Cent assessment roll of the
To.'ll of. Southald; that said Notices Were m~iled at th~ ~nited
States t>ost Office at Cutchogue , that said Notices
were mailed to each f said persons by (certified) (registered)
mail. ~_
( ;?'/.U'..4'~/.:u.l ~/U"
Sworn td
clay of
UL. 4
.)
~
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..,
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Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivety Fee
(Endorsement Required)
2.10
1.50
TotaJ Postage & Fees $
4.40
Name (Please Print Clear!
.Hr d y) (to be Completed by mailer)
s;reet,--;;TN7!}o;PO~~~o---~~_~~___!~_:!:!__.~~I
PO' .,....
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t'lrt'cl'fo8ue, NY 11935...............................
.
.
Albert J. Krupski, President
James King, Vice-President
Henry Smith
Artie Foster
Ken Poliwoda
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-18ft2
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOlJTHOLD
BOARD OF TRUSTEES: TOWN OF SOUTHOLD
--.---------------------------------
In the Matter of the Application
of
__~1-~~llL~~l----------------
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
AFFIDAVIT OF POSTING
I, David W. Olsen
, residing at Main Road. Cutcho"lle. NY 11 q,~
being dul~swor.n~depose and say:
f" 2000
That on the /2. day of fip": I , M'1 , I personally posted the
property known 3.S Stillwater Avenue, Cutchogue, New York
by placiEg the Board 01: Trustees tfficiaJ. poster where it can
easily b~ seen, and that T. have checked to be sure the poster
h~s ,emained in place for seven days prior to the date of the . ~~
pnbEc .Et.'H.j ng. ;ii~"W~f ;learing noted thereon to be held 1l(JrLl \q,~uv
j)n...~u.-t f):C~H"" I -
Do. t.r~l: ~
,:(;,
I{ s-ignature)
Sworn to beiore me this
day of 4Jj<i 2000
~gf1~//~
LORRAINE KLOPfER
Notary Public:. State of NewYcd
No. 4828373
Qualified in Suffolk County-/
Commillion ElopinI_. 30.?, .
(fool
"--.; ~ ""~ ~.
-~---:-"'<
Albert J. Krupski, President
James King, Vice-President
Henry Smith
Artie Foster
Ken Poliwoda
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1alfl
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TO\\'N OF SOlJTHOLD
BO~PD OF TRUSTEES; TOliN OF SOUTHCLD
------.-----------------------------
Tn the Matter of the Applicaticn
(.)f
_ r~H_$_Chl~L _____n_ _u_____.
ee!,it,:::y OF SUFE'GLK 1
STATE OF NEW YORK)
AFFID;;/IT OF FOSTING
I ,"JOh." k C"l1 Da.hb'
, resid.ing at -Scp C!-E -:r-'!,L-e La.
~.
~ SENDER:
-: CI Complete items 1 and/or 2
2! 0 ~mplete items 3, 4a, and ~o; additional services.
! nnt your name and add .
card 10 you ress on the reverse of th" ,
f OpeAfI::nC:;lhisiormtolhefrOntoffhem",' IS orm SO Ihat we can retum this
.!. ar PIece or the
_ gThWrite "Return Receipt Req . . .on back if space does nOI
~ eRe mAeee" . uested onthema"J
o delivers rpl will show to whom the ,rtl p~~ce below the article n, 'n b
1:1 3. r....e was d r "u,,] er
! . Article ddressed to: e lvered and the dat~
1 ~~,~K L..,'car/
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Po. L3o)C a.i, I
OblJ.+k /J, {It! Lrl'Z /
5. Receiv
I also wish to re .
ing services (f cerve the follow-
or an extra fee):
1. 0 Addressee's Add
2 ress
. 0 Restricted Delivery
_y posted the
~
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o
>0
!i!
4a. Article Number
e-5 'f~
4b. Service Type
o Registered
o Express Mail
o Return Receipt
7. Date of Deli
if-d.
~ . .
J:!::r wnere ~ t CD.n
t ,~"l~a tr:p t'v"'s+-r-~-
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a t.he di.i.tc ('If tie
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PS Form 3811
, December 1994
(j
~f'J(!W~ -
N tary Public
WALSKI
NOl8Jy ruum., "",",0 of New Y....
No. 62-4624nl
QualiflGd In Suffolk CoInty
Commission Expires Nov. 30. ~D
Z 320 356 586
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erivery Fee
Delivery Fee
STATE OF NEW YORK
COUNTY OF SUFFOLK
c
en
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John Kowalski , residin~
Mattituck, NY 11952 , being d\
tbi,t on the 17th day of Febru;rYf1i
a true copy of the Notice set or
Application, directed to each oftb
addresses set opposite there respec
addresses set opposite the names of
of said persons as shown on the cur
Town of Southold; that said Notices u___ ...~~~GU ell:; t:ne United
States Post Office at Matt; tuck. NY , that said Notices
were mailed to each of said persons by (certified) ~ed)
mail.
-#- f' .~
Sworn to before me this 17th
day of February jXIlSC 2000
~. ~~~
"",dd ~- d .7
Notary Publ c
LINDA r. KOWALSKI
Notary Public, Slale at Now"-ll
No. 62-4624n1
Qu.'ifl(j(f In Suffolk Comty
Commission Expire. Nov. 30, ..~
6
.
.
r
NOTICE TO AD:JACENT PROPERTY OWNER
BOARD OF TRUSTEES, TOWN OF SOUTHOLD
In the matter of applicant:
Neil Schlussel
SCTMIIOOO_36-02-007 & 008
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to request a
Permit from the Board of Trustees to:
locate a dwelling with bui1 ding setback at 75 feet from canal;
related well and cesspool construction activities greater than 75
feet from edge of eana1.
2. That the property which is the subject of Environmental
Review is located adjacent to your property and is described as
follows:
East Side of Stillwater Avenue, Cutchogue; 1000-36-02-combined
County Lots 007 and 008 (as one lot).; size: 42843 sq. ft.
3. That the project which is subject to Environmental Review
under Chapters 32, 37, or 97 of the Town Code is open to public
comment. You may contact the Trustees Office at 765-1892 or in
writing.
The above referenced proposal is under review of the Board of
Trustees of the Town of Southold and does not reference any
other agency that might have to review same proposal.
OWNERS NAME: Neil Sch1usse1 at 954-916-0892 (Florida #)
or MAILING ADDRESS: c/o Garv Olsen. Esq.
Box 706, Cutchogue, NY 11935
PHONE II: 734-7666
Ene.: Copy of sketch or plan showing proposal for your
convenience.
oS"
---..;...,,:,.
.
.
~.16-4 (12/97)-q
~ROJECT 10 NUMBER
SEQR
617.20
APPENDIX C
STATE ENVIRONMENTAL OUALlTY 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
Neil Schlussel Proposed dwelling
3. PROJECT LOCATION:
,/U;~. s~~~~w~~er Ave~v~, Cutchogue Countv Suffolk
Mumcl II
4. PRECISE LOCATION: (Street address and road intersections, prominent landmarks, etc., or provide map)
Approximately 450 feet from the northerly end of Stillwater
Avenue, just south of M. LoGrande dwelling.
County Tax Map District 1000-136-02- 007 and 008 (combined as one)
5. IS PROPOSED ACTION:
IX New o Expansion o Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
Proposed one-family dwelling as shown on attached survey dated
December 16, 1999.
7. AMOUNT OF LAND AFFECTED:
3,000+-~ sf
Initially Ultimately 3.000+- 1l<!lII!K
B. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
II Yes o No If no, describe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
K Residential D Industrial o Commercial o Agriculture o ParkIForest/Open Space. D Other
Describe:
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, Stale or
local)?
lO Yes o No If yes. list agency(s) and permit/approvals
Suffolk Co. Health Department - well and cesspool systems
NYS Dept. of Environmental Conservation - permit to construct
Town Buildina Department - buildina permit
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL?
DYes o No If yes, list agency name and permltlapproval
.
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOUIRE MODIFICATiON?
Xl Yes o No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THe BEST OF MY KNOWLEDGE ~
AP~~nt/JgQOI~ ~/ Schlussel Date c:2 ~ tI
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
-- ---,
PART II tVIRONMENTAL ASSESSMENT (To be co!ted by Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART 617.4?
DYes 0 No If yes, coordinate the review process and use the FULL EAF.
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNUSTED ACTIONS IN 6 NYCRR PART 617.6?
DYes 0 No If no, a negative declaration may be superseded by another involved aqency.
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal; potential for erosion,
drainage or flooding problems? Explain briefly:
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
C3. Vegetation or fauna, fish, shellfjsh or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly:
CS. Growth, subsequent development. L'r related activities likely to be induced by the proposed action? Explain briefly:
i C6. Long term, short term, cumulative, or other effects not identified in Cl-CS? Explain briefly:
C7. Other impacts (inCluding changes in use of either quantity or type of energy)? Explain briefly:
D. WILL THE PROJECT HAYE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABUSHMENT OF A CEA?
o Ves o No
E. IS THERE, OR IS THERE UKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
DYes o No If yes, explain briefly
PART II-DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above. determine whether it Is substantial, large, Important or otherwise significant. Each effect should be
assessed in connection with Its (a) setting (I.e., urban or rureQ; (b) probability of occuning; (C) duration; (d) irreversibility; (e) geographic scope;
and (f) magnitude. " necessary, add attachments or reference supponlng materials. Ensure that explanations contain sufficient detail to show that
aU relevant adverse Impacts have been ldentlfiecl and Bdequatety addressed. If question D of Part II was checked yes, the detemlnatlon and sig-
nificance must evaluate the potential impact 01 the proposed action on the environmental characteristics of the CEA.
o Check this box if you have identified one or more potentially large and significant adverse impacts which may occur. Then
proceed directly to the FULL EAF and/or prepare a positive declaration.
o Check this box if you have determined, based on the information and analysis above and any supporting documentation,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments
as necessary, the reasons supporting this determination:
Name of Lead Agency
Print or Type Name of Responsible Officer In Lead Agency
Title of Responsible Officer
Signature 01 Responsible Officer in Lead Agency
Signature 01 Preparer (if different from responSible officer)
Date
"
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400 Ostrander Av
Alden ff'. Yv
Ho'U.ard.
Thomas C. I
J:Jhn "
=--
.
. SUBDIVISION MAP. ~~
HAND", FILED IN THE Of
ON MAY 12, 1939 AS tot
. VERTICAL DA TVM = r
. ZONING USE D1STRICl
. THIS PARCEL IS LOCI-
AS INDICA TED ON FLOOD
36103C 0163 C LASTED
Willi THE B CONTOUR Sf
ENGINE:
. mE WATER SUPPLY j
HEREON CQMPl Y WITH n
THE SUffOLK COUNTY DE
.
~~C.;..
HOWARD W. YOUNG. N. Y.~
THOMAS C. WOLPERT, N. '(
SURVEY(
. 'NE HEREBY CERTIFY T.
SURVEY WAS PREPARED n
PRACTICE FOR LAND SUR\
ASSOCIA TlON OF PROFESS
.....-........r
::-,
.-
APPLICANT ~
TRANSACTIONAL DISCLOSURE PORK .
The town of Sou~hold's Code of E~hics Drohibi~s conflic~s of
in~eres~ on the Dar~ of town officers and emDloyees. The
DurDose of this form is to Drovide information which can
alert the town of Dossible conflicts of in~erest and allow
it to take whatever action is necessary to avoid same.
YOUR NAKE. Neil Sc)llussel
(Last name, first name, middle initial, unless
you are appiying in the name of someone else or
other entity, such as ~ company. If so, indicate
the other person's or company's name.)
NATURE OF APPLICATION. (Check all that apply.)
Tax grievance
Variance
Change of zone
Approval of plat
Exemption from plar-or official map
Other
(It .O~her.. name the activity.) Trustees
Do yoo personally (or through your co.pany, spouse, sibling,
pareD~, or child) have a rel.~lonsbip wIth any of~icer or
..ployss of the Town of Southold? -Relationship. includes
by blood, ..rriage, or business interest. -Business
Interest- ~anB a businesB, Including a partnership, in
which the town officer or e.ployee has even a partial
owoer.hip of (or employ..nt by) a corporation in which
the town officer or eMployee ovns .ore than 5~ of the
shares.
YES
x
NO
If you answered .YES,-. complete the balance of this form and
date and sign vhere Indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationShip between yourself (the applicant)
and the town officer or employee. Either check the
appropriate line A) through D) and/or describe in the space
provided.
The town officer or employee or his or her spouse, sibling,
parent, or child is (check all that apply).
_____A) the owner of greater than 5% ~f the shares of the
corporate stock of the applicant (when the applicant
is a corporation)}
_____B) the legal or beneficial owner of any interest in a
noncorporate entity (when the applican~ is not a
corporation) ,
_____c) an officer, director, partner, or employee of the
applicant, or
_____D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
(none)
'? r-:J 2000
Submitted t~~~,Of~~X_
Signature ~
Print name Neil Schlussel
.....
---<;;".'-.
N Young & Young °I
400 Ostrander Avenue, Riverhead, New York 11901
631-727-2303
bRai
Alden W. Young, P.E. & L.S. (1900-1994) a�E,
Howard W. Yanng, Land Surveyor �e�s
r\� pr Th mar C. WOlyert, Prafessimal Engineer .pe
�� Oa aP / •.\ Ra6ert C. Trip Architect c;!3
Geo oc \ WETLANDS LINE AS FLAGGED BY
C \,° c� A / \ JEFFREY L SEEMAN. R.E.M. COASTAL
E
W °Q , �° o+ / ENVIRONMENTAL CORP ON APRIL 4, 2000 HEALTH DEPARTMENT USE
C, �o / S n
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°,C e\� u c'se a/ 0 11 0'�° ^ S 10X05 tSC O OF CREEK AS SHOWN �iw
w O ° tf7 ON FILED MAP E
/ ��° •\ \:"z' 2. ° F SHORE OF DREDGED CANAL E'ay
43 to°f �cq N
e
B 6f 3r° PROPOSED S12°50„ EUGENE'Sy
PB
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EK
Rq RETAINING WALL gry_ MRtr \ �d -P 123.54r ENGINEER'S CERTIFICATION
PROPOSED \\( a z
F�.NG WATER SERVICE "O a y y ) - 'N sT rs o1 __ • THE WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES TIES SHOWN aoza
" P , !�-�� - ``� ' nDa ET _ 87 7 HEREON COMPLY WITH THE STANDARDS AND REQUIREMENTS OF =og
�g \ 0 0 1 ° 0 - - Cq 5 / THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES.
_ ti�S �
az �Ory9 u e
5Eo y2si n -#NN-:5 ••'\ \z a18 it r r � NE
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T��` / '•\ _ q, -�1s e`d?' j .°°O j/ HOWARD W. YOUNG. N.Y.S. L.S. N0. 4589P6146__a_ -- - y THOMAS C. WOLPERT, N.Y.5. P.E. NO. 61483/,i• �. -- \", £S I� r�,as �e' / \ S° !� �FESS10NP
or V PROPOSED `` "T i JIM
WLL P, SANITARY R ° pA _ {p*" % °� / aP X012 SURVEYOR'S CERTIFICATION
9 SYSTEM / �[j�/'I r r /• '\G
/•PROPOSED LOC. OF "F C ' O + ' • WE HEREBY CERTIFY TO ROBERT A. MAC FARLANE
HOUSE & GARAGE 1 ° f0 ` i ( '30 a o7 J9
(3-4
/• (3-4 BEDROOM) THAT THIS SURVEY WAS PREPARED IN ACCORDANCE WITH THE a4s-
F.F. EL=14.00 ��` i tl 1t eb°ry / �e /' CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEWa$e
/ G.F. EL=12.50 (1 k ''<.r 'L a, II- ( O I °o' /' YpAt YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS. hoop
i B.F. EL=5.00 `n a TtO. O i NOP` A° Q2
50' WETLAND SETBACK UNE ` }jzs/ /2 0s
PROPOSED LIMIT OF CLEARING Qp., ; 5 /:\ / �Q� �,p`N yoGO
PLACE HAYBALES AND SILT 8
FENCE DURING CONSTRUCTION j. \ / /
o v A e°�' • / /' !/ O�
a4� WELL zFye � ZONE AE BASE (EL=B) AS SHOWN HEREON HOWARD W. YOUNG, N.Y.S. L.S. NO. 45893 O ¢5883 �� o
09 2t *b$1
AS COINCIDENT WITH THE 8 CONTOUR __ __ . -I BLAND SJR
SURVEY FOR
ERT A. MAC FARLANE 6.
TEST HOLE -2 ` l 2-4 % Sao
DEC. 2. 1999 OIOHlf10S dO NMOl / wPawSANITARY DETAIL LOT 80, 81, 82, 83 & Part of 84 Eie
°° $331511111 d0 dbbO7j i Pa P'a,°P9P h N.T.S. "MAP OF SECTION 2, PROPERTY OF M. S. HAND" s
Ifig
DARK GROW
sANDr LOAM °y�Pa of SP At Cutchogue, Town of Southold bkac
P... L. .Y /l8 43A021dd1d /. Sys' "H SE Suffolk County, New York Baa
P� ELL a-140 a ar
(9A) 's' i D WELL a-12e o.-v.A a-11.0 1000 136 02 06
PALE B"awn O Iz•"' 1' z uuL 1000 136 02 07
LINE TO T 1/A-:1
Co. I SAND NOTE ,E e, 17n-n•— a.Pw County Tax Map oistrict 1000 Section 136 emcx 02 Lot 08
( AREA = 1.4401 ACRES OR 62,730 SQ. FT, a �Oz - WMINE iE ez
IL-ID 119 BUILDING PERMIT SURVEY
• SUBDIVISION MAP "MAP OF SECTION 2, PROPERTY OF M.S. o
EL-A2
wnrere w
PALE ND
HAND" FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY T E D e-O-
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LINE TO ON MAY 12, 1939 AS MAP N0. 1280. lam wum � � D•MIN
cOANSE SAND NOTE gPnc ruw
(SUMO • Qiml°WAwniFR EL-Iso
VERTICAL DATUM = N.G V. DATUM (M.S.L. 1929)
ISD • APPROXIMATE 300 CU. YDS. OF CLEAN FILL IS REQUIRED - - - - - -
• ZONE USE DISTRICT = R-40 TO FACILITATE THE PROPOSED IMPROVEMENTS. TOTAL LuaAxc GENERAL AMENDMENTS JUNE 27, 2002 E.
• FLOOD INSURANCE RATE MAP NUMBER 3fi103C 0163 C LAST (D)s DA A t DEEP PMS GENERAL AMENDMENTS JUNE 10, 2002 9„bs
YO SES
' WA. GENERAL AMENDMENTS MAR. 19, 2002
DATED MAY 4, 1998. a s3
.n u ` Exisnxc seDT ELEVATIONSMAP PREPARED JAN. 30, 2002 ea
----8--- = EAS➢NO CONTOURS p
—B = FRWOSED CONIaN1 � Kp
(e sl = PNDPOsm SPOT ELEIWOMS SCALE 1' = 40 BP €oxG
0 - MONUMENT SET ■ - MONUMENT FWND A SUKE SET A= SLANE FONNO JOB N0. 2001-0505 3o e
DWG. 2001_OSOS.pp 3s3�,