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HomeMy WebLinkAboutTR-6209 DiSalvo, Diane From: DiSalvo, Diane Sent: Tuesday, February 25, 2020 2:37 PM To: Douglas Ciampa Cc: Goldsmith, Glenn Subject: RE: Repair Request Attachments: Paradise Point.pdf Attached please find copy of Permit#6209, approved plan and two amendments to same. I assume that this permit covers the structure you are referring to which is in need of the repair outlined in your attached letter. Please be advised that Chapter 275-4 A(e) of the Town Wetland Code states: "The ordinary and usual maintenance or repair on a wetlands-permitted structure (of the same dimensions)..." is a permitted Exception. Dinv'e DiSG LVO Sout►noLc{ TOWv1, Trustees 54.3 j 5 Ro ute 25 P.O. gox 1179 SouthoLc{, NY 11971 (C'3:Q j 6 5 :LR 2 (r'32) �05-66�{1 From: Douglas Ciampa [mailto:douglas@ciampaorganization.com] Sent: Tuesday, February 25, 2020 1:07 PM To: Goldsmith, Glenn Cc: DiSalvo, Diane Subject: FW: Repair Request Glen: The attached should be self-explanatory. Feel free to reach out should anything else be needed Thanks Doug i Aug Glen Goldsmith,President j F E B 2 5 2020 # Southhold Trustees P.O.Box 1179 Southold,NY 11971 Cc: elenn((a-soutlioldtowiiiiy.eov diane.disah oLd,town.southold.nv.us Dear Mr.Goldsmith: Please have this letter serve as an official notification/request to allow Paradise Point Association to perform a like-kind repair/replacement of the severely deteriorated dock ramp boards and railing. As the attached picture depicts,the current ramp boards have weathered to an unsafe condition.In addition to their questionable sturdiness,hazard prone rusted and broken nails are protruding.The current dried out and weathered railing produces splinters when attempted to be used. Upon initial inspection it appears as if the underlying beam supports are structurally sound. Assuming that to be confirmed upon the removal of the existing ramp boards,Paradise Point Association is requesting authorization to perform the following repairs: ■ Remove and replace the current boards on the 36"wide x 12'long ramp with new mahogany or ipe boards,secured by stainless steel outdoor decking screws ■ Remove and replace the current hand rail with similar,more safe and secure mahogany or ipe hand rail The above repair/replacement will be exactly the same width and length as the current ramp,and be located in exactly the same current location. All worked will be performed by a local,professionally licensed contractor and should be performed in one day. Should any additional information be necessary feel free to contact me. I anxiously await your response. Thanking You in Advance, r � ou Ciampa ident,Paradise Point Association 4380 Paradise Point Road Southold,NY 11971 (718)755-8872 Douglas@ciampaorganization.com l3Sfl P.11a<IIiCPoitit Road Sourhold,vv 11971 + dY1 rtd JI �' � ►;711 ' • R ll _ 4 yi.^l �e,• �y - ♦ 4 4!� - _ q .. _-_ — � — t it ,'r r -T �r 1 � f, Glen Goldsmith,President Southhold Trustees P.O.Box 1179 Southold,NY 11971 Cc: lg enng@southoldtownn gov diane.disalvo@town.southold.n .usus Dear Mr. Goldsmith: Please have this letter serve as an official notification/request to allow Paradise Point-Association to perform a like-kind repair/replacement of the severely deteriorated dock ramp boards and railing. As the attached picture depicts,the current ramp boards have weathered to an unsafe condition.In addition to their questionable sturdiness,hazard prone rusted and broken nails are protruding.The current dried out and weathered railing produces splinters when attempted to be used. Upon initial inspection it appears as if the underlying beam supports are structurally sound. Assuming that to be confirmed upon the removal of the existing ramp boards,Paradise Point Association is requesting authorization to perform the following repairs: ■ Remove and replace the current boards on the 3 6"wide x 12' long ramp with new mahogany or ipe boards,secured by stainless steel outdoor decking screws ■ Remove and replace the current hand rail with similar,more safe and secure mahogany or ipe hand rail The above repair/replacement will be exactly the same width and length as the current ramp,and be located in exactly the same current location. All worked will be performed by a local,professionally licensed contractor and should be performed in one day. Should any additional information be necessary feel free to contact me. I anxiously await your response. Thankin You in Advance, n ou Ciampa ident,Paradise Point Association 4380 Paradise Point Road Southold,NY 11971 (718)755-8872 Douglas@ciampaorganization.com 4380 Paradise Point Road,Southold,NY 11971 �a x ro k 1•. "'—� ._ "fir ""` _ 4T a � d 9 1 Cantrell, Elizabeth From: Mary Zupa <mzupa@optonline.net> Sent: Friday, October 24, 2014 9:28 AM To: Cantrell, Elizabeth Subject: Letter to Trustees from Mary Zupa Attachments: Oct 24 Letter to Trustees.pdf Please see the atached letter. 1 D S- 1f.1AR S. ZUPA 580 BASIN ROAD SOiTTHOLD, NY 11971 631 765 6112 Octobe['24, 2014 Via email elizabotli.(,ruitrell@town.southold-.ny.u-S) and hand delivery Mr.John Bredemeyer Board of Trustees President Southold Town Hall Annex 54375 Main Rd. P.O. Box 1179 -Southold, Nei' 11971 Dear Mr. Bredemeyer Thank you for meeting with my husband and me-on Wednesday night.As we stated, the Paradise Point Association docks and related fixtures are on and extend from property which I own and on which my husband and I maintain our home. The Association's only legal right is an easement over the property to access the docks.The docks,as you know, are nonconforming as to Use and structures and are located on waters owned by the Trustees under the Andros Patent.In addition to permits required by the Trustees, the Southold Wetlands code at the Very least requires the landowners consent to any work done on the docks and in the wetlands areas located oil my property. As I mentioned Wednesday night,of late,the Association has installed a shed,a new light fixture, and new railings on my property and has written to me that it wants to cut the sea grass, bayberry,and rosy rugosa I planted under mandate from the Trustees and the DEC. A few days ago I found a contractor measuring the Association's docks stating lie was hired to give a bid on replacing them. Please understand that any permit that has been granted to the Association by the'I'rustees and the DEC has been with the misrepresentation on the application that the Association is the owner of the property. I am not sure what if anything the Association signed for the recent light fixture installation,but I was surprised to find out the Association was issued all administrative permit on my property to install it without any notice to me.This is especially a problem given all the other unperinitted and hazardous electrical lights and fixtures installed in the wetlands without a permit of any kind. P P_ The issuance of Trustee permits to the Association has been,and is being,,used by it to assert and argue rights to my property it would otherwise not have.At the very least I should receive notice of any work being done.I request that in the future I will be notified. Again,the Association docks and installations are nonconforming as to structures and use on a residential lot on which I maintain my home---and on waters owned by the Trustees. The docks are a commercial installation for which the Association charges users of these docks.Only five individuals use the docks to the exclusion of everyone else for a fee of $5000 a year for each space. The President of the Association is Douglas Ciampa.His address in Paradise Point is:4380 Paradise Point Rd.,Southold,NY 119712.His home address is: 23 Glenway,Cold Spring Harbor,NY 11724. Sincerely, - Mary S.Zupa MARY S.ZUPA 580 BASIN ROAD �- SOUTHOLD, NY 11971 i_-r. >1_. !•gin l! `y!, 1 631-765-6112 MAR 2 5 2015 t � e�at`�:i�ire March 25, 2015 Via email (elizabeth.cantrell@town.southold.ny.us) and hand delivery Mr. John Bredemeyer Board of Trustees President Southold Town Hall Annex 54375 Main Rd. P.O. Box 1179 Southold,NY 11971 Dear Mr. Bredemeyer: I previously wrote to you on this matter on October 24, 2014 and find it necessary to write again. You will recall that the Paradise Point Association has non conforming docks and related fixtures attached to and extending from residential property I own. The docks are located on waters owned by the Trustees under the Andros Patent. Any permit that has been granted to the Association for docks has been with the misrepresentation on the application that the Association is the owner of the property. The issuance of a permit to the Association whether administrative or otherwise is inconsistent with the wetlands code which states: "In all cases where the applicant is not the owner of the premises where such operations are proposed to be conducted,the notarized consent of the owner, duly acknowledged,must be attached to said application." §275-6 A(1) My October letter addressed the fact that an administrative permit was issued for the construction of a lamp post on my property without my consent or notice. The present situation is that the Association is seeking to replace sections of the docks with new material. I have seen and spoken with two different contractors who were measuring the docks and told me about the intended project. In discussing this with your office it was stated to me that an administrative permit would be issued for the replacement of the Association's docks unless more than 75%was being replaced. This is not consistent with the wetlands regulations and other provisions of the Southold Town Code. Specifically: 1. The list of items for which an administrative permit may be issued are minor in nature and does not include the repair and replacement of docks. The only dock activities allowed under the administrative permit process are"minor alterations"to an existing private dock. §275-5 B (2) (m) 2. Nonconforming docks cannot be replaced or rebuilt without full review and approval by the trustees. §275-11 C (2) (a) [10] 3. It is prohibited to repair or rebuild a non conforming use if the nonconforming use is damaged to the extent of 50%of its fair value. §280.121 F Any application made by the Association for structures attached to or on my property requires my consent. I have that responsibility as the landowner. Sincerely Mary S. Zupa Fir, - Ll Paradise Point Association I AUG 6 2012 Annual Meeting Minutes July 7, 2012 Southhold Town Board of Trustees Members-Present James Alberi, Doreen & Kevin Barr, Peter Cooper, Ellen & Doug Ciampa, Pat Curcuru, Sylvia and Charles DeLuca, Mary and Bob Horvath, Laura and Marc Klein,Joe Mazza. By Proxy, George Kaytis, Fred Frohne, Rose Criblez Introductory Remarks Kevin Barr called the meeting to order at 10:00 AM. He welcomed Joe Mazza and his family. He also introduced Jim Spiess, Attorney, who represents the Paradise Point'Association and certain individual property/homeowners concerning the Point Settlement. Mr. Barr explained that Mr. Spiess was invited to attend to answer any questions about the Point Settlement, as well as to discuss other legal matters. Mr. Barr asked for a motion to accept the Minutes from the 2011 Meeting. Marc Klein made the motion. Doug Ciampa seconded. The motion was unanimously approved. Point Settlement Discussion Jim Spiess reviewed the history of the Point Settlement issue, which started in 2005 when the owners of the Point Parcel initiated an action to quiet title to the Point. Mr. Spiess outlined the basic terms of the settlement which would provide to the Paradise'Poiht Association, Inc. and individual home and property owners who agreed to participate in the settlement (3) three easement rights: a vehicular turnaround, a pathway to the beach, and a 50 x 100 dedicated beach area. After discussion and Q&A, Mr. Barr explained that the PPA Board after carefully considering the terms, recommended that the PPA approve the settlement. The Board believes that the terms are beneficial to the PPA and individual participating parties. Jim Alberi objected to the terms of the settlement expressing concern that the PPA and certain individual property owners were giving up rights to the entire Point Parcel that he believed were provided for in their Deeds and Covenants. Mr. Alberi provided legal documents to Jim Spiess,which he asserted supported his concern. After reviewing the documents, Mr. Spiess respectfully disagreed with Mr. Alberi's assertions. After additional discussion and Q&A, Peter Cooper proposed a resolution to authorize the PPA to accept the Terms of the Point Settlement as outlined by Mr. Spiess. Resolved: The Board and Officers of Paradise Point Association are hereby authorized to accept the the terms of the Point Settlement. Marc Klein seconded. All voted in favor with Jim Alberi opposing. West Jetty Repair Mr. Barr and Mr. Ciampa provided an update on the status of the West Jetty repair project. Mr. Ciampa explained that Rob Herrmann, of En-Consultants was in the process of obtaining the necessary permits from the various regulatory agencies. In March, 2012 Mr. Herrmann was able to secure from the DEC, a permit reissuance which extended approval to make the repair through April 12, 2015. He also explained that Mr. Herrmann would appear before the Southold Town Trustees to obtain a town permit at the-July 18, 2012 Trustee Meeting. Mr. Ciampa indicated that the NYS DOS and Army Corp of Engineers typically provide concurrence following the DEC's approval. Mr. Ciampa also explained that we would attempt to seek approval to dredge concurrent with the repair work, Mr. Ciampa explained that after meeting with several contractors, the recommended course of action would be to rebuild the box jetty and to replace the inner bulkhead that runs from the box jetty into the canal. He indicated that this would be the most practical and economical approach rather than completely replacing both the box jetty and the bulkhead, which had been the original operating assumption. Charles Deluca recommended that we ensure that the contractors use "deadmen" in the reconstruction of the box jetty to ensure proper strength of the structure. Mr. Ciampa indicated that he would ensure that this or a comparable product would be included in the specifications. Mr. Ciampa estimated that the project would cost approximately$135,000. Bob Horvath proposed a motion to authorize the board to select a contractor to complete the work, not to exceed $135,000 and to assess each property and homeowner$5,000 to finance the work. Resolved: The Board and Officers of Paradise Point Association are hereby authorized to (i) negotiate and execute an agreement with a contractor to rebuild and where possible repair the West Jetty, box jetty and bulkhead, at a price not to exceed $135,000, (ii) to assess each property and homeowner in the PPA$5,000.00 to finance the repair work. Marc Klein seconded. Treasurer's Report Peter Cooper reviewed the 2011/2012 operations and the 2012-13 budget. Peter mentioned that we began the year with$2,256 in cash and ended the year with $23,145 in cash. Though he noted that this included a $10,000 advance payment from Joe Mazza for the 2012 slip rental of$5,000 and dock -initiation fee of$5,000. Dues will remain at$1,000 and slip rental fee will remain at $5,000. Marc Klein put forth a motion to accept the Treasurer's report and to adopt the budget. Joe Mazza seconded. Security/Home Watch Service Discussion Kevin Barr initiated a discussion concerning an issue that the Board had considered in a prior Board Meeting regarding the security of homes within the PPA as well as the protection of the PPA deeded and prescriptive easements. Mr. Barr referred to a 3/15/2012 Suffolk Town article (copy enclosed) concerning increased home burglaries in the town of Southold. The article suggested that part-time or seasonal homeowners were particularly vulnerable. A discussion ensued concerning the possibility that the PPA contract with a security firm to periodically patrol the PPA roads and easements particularly E ' AUG - 62012 during the off season when many residents are away. Individual homeow rs c uld in addi own option and expense contract with the service to periodically check on heir home Sau, of T uste t�'�ard of Trustees James Alberi raised a concern that the prescriptive easement leading from the endof Basin Road to the turnaround at the West Jetty was overgrown making it difficult to walk to the West Jetty., A discussion �eensued about the possibility of having a landscaper manicure this area. Laura Klein proposed a motion that would give the PPA Board the discretion to employ various methods to enhance the security of PPA homes, and to protect and preserve the PPA's deeded and prescriptive easements. These methods could include hiring a security service and landscaping contractQrs./Bob Horvath seconded. Resolved: The Board and Officers of Paradise Point Association are hereby authorized to at.their discretion utilize various methods to provide security to homes and property within the Association; and to protect the Association easement rights. These methods could include, and would not be limited to contracting with a security service to periodically patrol the Association's roads and easements, and to hire a landscaping service to clear and manicure the Association's easements, roperty and Homeowner Obligations within the Association The Board led a discussion on the subject of how to handle home and property owners within the PPA who fail to meet their obligations with respect to paying dues and assessments. Mr. Spiess explained that under New York State law, if you own a home or property within a homeowners association,you are by definition a_member, and therefore legally obligated to pay all dues and assessments. This is true even if membership in the homeowners association is not specifically stipulated in the homeowners covenants or deed. He also explained that individual homes and property owners have no legal basis to claim that they have "withdrawn" or"seceded" from a homeowners association. Laura Klein put forth a motion that the PPA should formalize it's policy handling home and property that fail to meet their legal obligations. Doug Ciampa seconded. Resolution: The Board and officers of the PPA are hereby authorized to place liens on the homes and/or property of those individuals who are in arrears of their dues and assessments for over one year. The minimum amount of the delinquency before placing a lien will be at the Board's discretion. The Board and Officers are authorized to work out a reasonable repayment schedule in case of financial hardship. Election of Board and Officers: Mark Klein made a motion to elect the following members to the Board of the Association: Kevin Barr, President, Doug Ciampa, Vice President, Peter Cooper, Treasurer, Doreen Barr, Secretary Bob Horvath and Marc Klein Directors Bob Horvath seconded. The annual meeting adjourned at 12:00 PM. John M.Bredemeyer III,President ��4OF S�Uj�o Town Hall Annex Michael J.Domino,Vice-President ,`O l0 54375 Main Road P.O.Box 1179 James F. King,Trustee Southold,New York 11971-0959 Dave Bergen,Trustee G Q Telephone(631) 765-1892 Charles J.Sanders,Trustee OlyCOU Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 20, 2014 Paradise Point Association, Inc. C/O Douglas Ciampa 4380 Paradise Point Road Southold, NY 11971 RE: PARADISE POINT ASSOCIATION, INC. END OF BASIN ROAD SCTM# 81-1-16.10 Dear Mr. Ciampa: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, August 20, 2014: RESOLVED, that the Southold Town Board of Trustees APPROVE the Administrative Amendment to Wetland Permit#6209 to replace an existing lighting fixture located at the seaward end of the existing fixed dock with a new Dark Sky compliant fixture; and for the existing water service on the floating dock; and as depicted on the revised project plan prepared by Douglas Ciampa, received on August 1, 2014 and stamped approved on August 20, 2014. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, OU- Irv% John M. Bredemeyer III President, Board of Trustees JMB:amn 0 John Bredemeyer, President #UFFO4�o Town Hall Annex Michael J. Domino, Vice-President �0 ay 54375 Route 25 James F. King P.O. Box 1179 Charles J. Sanders • Southold, NY 11971 Dave Bergen y�O1 ,F �a Telephone (631) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: Douglas Ciampa on behalf of PARADISE POINT ASSOCIATION, INC. requests an Administrative Amendment to Wetland Permit#6209 to replace an existing lighting fixture located at the seaward end of the existing fixed dock with a Dark Sky compliant fixture. Located: End of Basin Road, Southold. SCTM# 81-1-16.10 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: Chapt.275 Chapt. 111 other Type of Application: Wetland Coastal Erosion Amendment Administrative Emergency Pre-Submission Violation Notice of Hearing card posted on property: Yes No Not Applicable Storm Water Management Review: Yes No Not Applicable Info needed: Modifications: Conditions: Present Were: J. Bredemeyer M. Domino J. King C. Sanders D. Bergen Bay Constable Other Form filled out in the field by Mailed/Faxed to: Date: �}� �~ .��x ', t�yp'�. ;'l 'a �' � y`"d��t',f }.,,y,,* ",� i- yr ''�'�.^• t � :r. ?yam, y. _Yy }..'i♦"'�,Y[ z1�7'�a,. `��#� t. L: /�G `' �s� � � � e �♦ p C! a 'u.e f, (y�� s,�4, J4 1�.•. :�t � }� 4:� j,' �t e ,t �al.•,t�`•i.'� } .t 'i��.JL IL 44 '� "" -• �:. + � '1}� �" " :'�+; �' •� ••�, "''�t yam... Am AA t 71, PI r James F.King,President O�*QF 50UjyO Town Hall Jill M. Doherty,Vice-President 53095 Route 25 P.O.Box 1179 Peggy A. Dickerson Southold,New York 11971-0959 Dave Bergen Bob Ghosio,Jr. Telephone(631)765-1892 I IrDU Fax(631)765-6641 NT'1, BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 24, 2007 Mr. Kevin Barr 200 Basin Rd. Southold, NY 11971 RE: PARADISE POINT ASSOCIATION, INC. BASIN RD., SOUTHOLD SCTM#81-1-16.10 Dear Mr. Barr: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Tues., July 24, 2007: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit#6209 to slightly angle the three finger floats, (1) TX 20' and (2) 3'X 40', in a direction parallel to the shoreline, and as depicted on the plans prepared by Inter- Science Research Assoc., Inc. dated April 17, 2007. This is not a determination from any other agency. If you have any questions, please call our office at(631) 765-1892, Sincerely, James F. King President, Board of Trustees JFK:Ims i a ' Existing Dodo to a� be Removed 101'from Spring igh Tide to end of Proposed Dock o �o7z, J Pmpnad Dock .. Canal .,:^ .>' �jr , ,. ... Alignment . a,,_ •: ., �J s'-- �q " Boat Bazin , - --Spring High Tide line Paradise Point Association, Inc. - - Site Map D R A F T F O R D I S C U S S 1 O N P U R P O S E S O N L Y IntevSdence Paradise trirc �oa:apri v.�, .-- _ -_-_ --- Researcfi Aeon arcs.Mc raA I;9�;m, wiwrm.�vewren D &.ATE sa,zas sgse F:u,ze3-s9vaRw—r10r' These nalasrvcyFie:edyw,N -PYad' ib1K IParad's ibhN W 1)ZdV.dwg .�oe.,,..r�...r......,....�..o,,,am.sK,e.rr«.oev.e,.w.,�w�wo,...�i.:,..►,�..� IMMMN Board Of Southold Town Trustees j SOUTHOLD, NEW YORK 6209 DATE: ...Sept• 21,. 2005 �'• PERMITNO. ... ......_.......... ........ Pp,RADISE POINT ASSOCIATIONa� INC. ., -„ ISSUED TO -_ Pursuant to the provisions of Chapter 615 of the Lams of the.State of New York, 1693; and Chapter 404 of the'Laws of the State of New York 1952; and the Southold Town Ordinance en- -titled_:"REGUL��TING -AND THE.,PL�ICIf�G-+OF:.QBSTRUC�LQEdS IN AND ON TOWN WATERS AND PUBLIC LANDS and t�e REMOVAL OF SAND, GRAVEL'OR OTHER MATERIALS. M LANDS .UNDER TOWN*WATERS;•..'• and in accordance wif the Resolution of The Board adopted at a meeting held on .Sept_.,. 1, 250 00 aid b 2005,...... and in consideration of the sum of �...............�............ p y Paradise Point Association., Inc........................................................................... .. _.. ..__....._...-. _....................._......_.............................. of ..----....5outi}odd....................................................... N. Y. and. subject to. the Terms and Conditions listed on the reverse side hereof. of Southold Town Trustees authorizes and permits th! f ono w'"n-orthwest Wetland Permit to reconstruct the existing.dockini facilityand a 6'to floating d consisting of a new V X15' fixed catwalk, 4'X 12' ramp, with three finger floats consisting of one(l) 3'X20' 'float and two (2) 3'X 40' ll a floats, with the condition the two docks t o.the west are dated ti Dec.a22,a2005s • depicted• on the survey prepared by all in accordance with the detailed specifications as presented in the originating application. IN WITNESS WHEREOF. The said Board cif Trusstose rees h are- by causes its Corporate Seal of the sto be aiid�Board :is of this date esents to be subscribed.by a majority TERMS and. OONDMQM Paradise Point Association, Inc. ttdittg at_ Basin Rd, Sputhold - N. Yy tzs part-of the eon:ddendon lot the lswanoe of the Permit,does astd uhmd sal ptesaIbe to the fol- 4 i. That the ".Board of Teustees sad the Town of Somthold aft tddepsdY -Erma any sad all damages,-oe dal ats for damages, of salts orisie g.dirady cc todite4y as a result of any open- ,�doa.perfomtod..pm2aW VA..v is mil.-.0W. thy. . u.. -cc het own m�ieast, r{efea4 swy sad au suit snit;"inldsteil..lry third parch,and the sold Vmolfte mm*les fuii liability with respect thereto.toAe,gOmFd[ete emdudon of t}w Baud.of Tmws t.of tl►o Toim of Soathold. — t. That this plemlt Is..♦slid for s petW of -24 -Nos. whldt-is d*d efcd to be tote esdLmated timee•required to_ooinoete the wo& iavolv4 Wt'shwAd dtdit+sStmm wsuwlt, reqdW foe as artm ion array be wAde to the board at a .later date: - S. That this permit shoald be retained indefWtely, or as long as the ssid pettaittoe wishes ao'sminmin the sttumm at project involved, to provide evidence to anyone 0000ett" that W&I otib tlon was o totally obtelaed. ; 4. That ebe wotk involved will.be subjea to the ispectioa wd approval of 4be Ltd or Its aaeats, and non eomplisna with the provisions of the odgwdrg appilmdoa,may be Core for rtivoestion of this ltnit by resoWtion of the said Board. S. That there will be no anreasoaable interfecenaa with oavigadoa, as a tcsult of the wodr hadn ma orbed. 6. 'That there shall be tw iaterfettmoe with the d& of the public to pass and repass don; dse beach between high.and lour wittier ma&L -� 7. That if future operadoaa of the Town of Southold requite dba MUMMA mWor alaetadona In the lea dca of the vrodc fierdn rradwtired, or hf. in the opinboi of .8osrd of T9ntsoea►, the. votk shall case esureason" obstruLoa to free navigadoo, the raid i�eomW e, will be uqu&A apoa tlae aodCt; to t e IM ac dW this wotk or project hecda:raced sr :opt espCasa to the Town` of Sotttbdd. e. That the sill Board will be mdfied by the PetmWe oi the a mpledca._of the wade xmdt- otbL 9. That rite�Pbtymittee WW vbtdo A other peomin adooasebti c be roquitod step' to tbi:fit wbictt as y-be snbjea to revoke apoa-ftdbmro to ebt&aura Y .. 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ITp Lot a \'\ 51ARVEY FOR �_et PAR40I5e POINT �F �qi \ d x m,,, _ �j s.relkLgWyPJ9N9.Ybl \ ASSOCIATION, INC. At EayvNw.Ter91 d 9WIMId _._.-. il��\ L.f,39 w.519 9Wlalk 6e Hew York M._._._._._smr �\ IQ10 81 OI 1610 / �'� '\ CarAL Ta+Mw ew f000xs.pl �OI UP/0161 +ro w d a o dr \ APPROVED BY i pledwle�-, e.a+>,a., ---- slov .d' . PROPOSED DOCKS roeol..roM A<pq.w• gg rw•x�>•w 91 y»r y� Hee•n�lrt �. \ BOARD OF TRUSTEES j/ puMPlk Cav9y M9 Ma.eNl P' Lv 10 Np9•ITO)Y1'•��( •\ /' I p eeWwan-,kp d pPctbn arr, l-p Lot q TOWN OF SOUTHOLD er/ermwy Pe'eew POM AL 6�vI.W u 9rbJIwIM-9+up d p.ctlw,on.. \. DEC 29M, i e0nar4�^�lct� I SMPik Carty PIIP Ib.e>bl 1. � roraere Pert Ae mT+l.„• \ DATE 3o Ps'[ aS _ �+ I 1 slnelk ccvlty wl.wo.pTel rw mom'.a'w L.Ip4T cp.690 ron a Ipmerly �rnsrtaa I Patrick�Martlr.r J DCW+a wwtFrr 1 re"tiry L 9,19 w.p19 rojppa�_y tt.aa � m isa�a SOUTMOLD dr ✓ / W.zl.tx SEE SEC XO.1a 1� A., 12 to 1 ," I re P fff a.s ew `• jy{cl 4 1El 1Sa 1ss wa � �• 2lA tM x.aA zayq E 18 a �WSOp•• ulq zcl ze YU11) I � 4a 2. a �2 x9Nc) Q 13 zouel d11f % tsnlq zycl xx] Ir a.Wq >uynl ^ I g3 eu" sa��l c� � yo A 1aN1Sc1 h �l O a I 1.xK1 I "1 Fa�9oeEo t'orvo zy _ � ml a3� i -�I 9 he ,•„+e-� COUNTY OF SUFFOLK © E a aounlol.0 SECTiM Xo _� Irl Q Real Property Tax Service Agency v voE e. N __— rr -- r --.-- o..cr--u-- JFJ•��4. ceunX Gnur rXMrlwc.XYtlpl M r 81 O n.... a r �arX. u r rr —w y,-l�✓ A .Xc1w 100a P PROPER1Y a1AP { 1'I `C"'1 I P0.OPERTY rMPJ James F.King.President �X 0f S�Uj�o Town Halt Annex Bob Ghosio,Jr.,Vice-President 54375 Main Road P.O.Box 1179 Dave Bergen Southold,New York 11971-0959 John Bredemeyer G M l� �� Telephone1681) -661892 Michael f: Fax(63 )765641 � ... BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD AUG - 1 2014 L._. f APPLICATION FOR AN AMENDMENT TO A WETLAND PERMIT DATE �Z� 2-0/d OWNER e N .zACHONE 7 t a' -�? SS-��' 7 a i. �+ � i ADDRESS Vo vUcIA3 l�!.� ►� 3,Po A gm�se g/,Yr 4 Tua44. w I AGENT PHONE { i ADDRESS PROPERTY LOCATION TAX MAP NO. 16. /O I . VWe e ru r SS a .uC c Z xequest an Amendment to Permit#� p A�.4fl�s o to 2eR)Aee C4, r � ,4T Signed By. l eeYib,dv T D P&A i.s e 0C. C i a Board of Trustees Application County of-Suffolk State 6fNew York Hsu BEING DULY SWORN' J?EPOS - AFPMI4 THAT HEUM IS THE APPTICANT-FOR THE ABOW DESCIMIb.-PERW(S).AND THAT ALL STATEMENTS CONTAINEI3I3EREIN ARE . TRITE TO THE BEST'OF HI•S/HER-1KNOWLEDGE AND BELMF, AND THAT ALL Wd�X 'I_.L BB DONS IlV THE MANNER SET FORTH IN THIS APPLICATION,AND AS=MAY AR APPROVED•B`Y TBE SOUTHOLD TOWN-BOARD OF TRUSTEES. THE•APPLICANT.- .-- . � AGRNRES'TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES' . 1 -HARMLBSS-AND FREE.FROM.A,NY AND'ALI DAMAGh. AND..CI;ARAS.ARISING ; :OR ETA VULTUE OF SAID'PI t11flT(S);IF.GRANTED.-'R COW.12TINCs THIS APPLICATION,I HE.REBYACYITpkW TIC V3 TRUSM,TI#EHL-AG (S).OR REP�ATW-E..(($1 TO--EIiTTR-oNTU-M- Y PROPERTY TO INSPECT THE -PRIZ I SES WCONX. NCTION WITH RE�u THIS APPLICAT.1014- I f Signature t SWORN TO BF,.IiORE-ME THIS- DAY OF �p . - _ -. - Ivvtaiy Pub c • .� .- - � - � � - •• - 13EATRIZ E.TA►A Notary Public, State of New York No 01TA60-70130 Qualified-in'.Queens County ,• Commission Expires July Q2, A j� ' II . cParad1se ftintAssoci&ion, Ina Southofd,, WY July 29, 2014 Re: Amended Application for the Board of Trustees To Whom It May Concern: Please let this serve as confirmation of the fact that I, Douglas Ciampa am currently the president of Paradise Point Association Inc. Very trul o s, T ougl iampa Pres' en Paradise Point Association t EATR E.TALA Notary ubli , State of New York No 1TA6170130 Qualified in Queens County ?� Commission Expires July 02, 201..1 • -V . APPROVED BY BOARD OF rRUSTEES ° 'a ,,,�► TOWN OF SOUTHOLD ALW b6la A�W { / _ ..DATE A JG - 1 2014 i li fill •ram------....� `\ ♦ "°r"s-�..,.�:��mil'/�,�' � `\ -�,,,� .' c MKS1k AA \ yown 'i� C'::.2i.•`f '�'�-.ww�1eo�4 J' ..e�rw.wr�rlr.seyw��ae.�r.r I � CI•yyp'♦. / `;.N ♦.IY�fOY'id __.M 1�'wa.1„ ��' "e1..nl.w �AM�iIF�I YyMI111 I•VM.c ru f BA91N •nww.aol •.rarra�.a79 fo eiwlse.wnw n..a MnwY� �' Yntw ♦.w r Irwy //// I w�wewln�.v �._;3..:"C� �.... '.'�.,.,;.,u,;:• = vw..i:..11,.ras.. e+ eyCe�fu+eaYiai I wb w1�.. � .- • Lam to 60 ». ,-wwlucwn.rna e 11 I �$�j,% .�w'-i.ii�•:is�' k `Y .. 1�'� '� s'�"i'�x'w w"V`".ki V� \ Lot a ltAtVEY POR PARADISE POINT W a rre j`.•Yaw-♦yi..sw a., �q - \. PROP09L'v 00c" J`, u.�.iK Mdv � MIIr(.w'y�w�rfN � n'I�y'�•�t MilN \ ar asrw L.UOf7 y.A!O 1 I ewr M+ry I�arYk.111a0Nr.OMis 11r0+1' •�r�7wm ��� ' IWyL O/.n .�.r.w..�- .. r0•w... LW.y6q wfW 0 James F. King, President ��oF souryo Town Hall Jill M. Doherty,Vice-President 111cp 53095 Route 25 P.O. Box Peggy A. Dickerson y '/1 � Southold,New Yorkk 11 11971-0959 Dave Bergen CA Bob Ghosio,Jr. �� Telephone(631) 765-1892 � N Fax(631) 765-6641 UNT I, BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 22, 2007 Mrs. Patrice Keitt Paradise Point Association 320 East 57t' St. New York, NY 10022 RE: PARADISE POINT ASSOC. BASIN RD., SOUTHOLD SCTM#81-1-16.10 Dear Mrs. Keitt: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., August 22, 2007: RESOLVED that the Southold Town Board of Trustees grants a One-Year Extension to Permit #6209 as issued on September 21, 2005 and Amended on July 24, 2007. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office. Sincerely, Jam 0 F. King Cz President, Board of TrUs tees JFK:Ims Albert J. Krupski, Presi y 10 Town Hall James King,Vice-Presi L $uFFO(�C 53095 Route 25 Artie Foster ��� Ali_ P.O. Box 1179 Ken Poliwoda Southold, New York 11971-0959 Peggy A. Dickerson OdJ Z v, Telephone(631) 765-1892 Gy �� Fax(631) 765-1366 col � Sao 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 1 s` day of construction % constructed Project complete, compliance inspection. James F. King, President so�ly Town Hall Jill M. Doherty,Vice-President �O� Ol0 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson Southold, New York 11971-0959 Dave Bergen G Q Bob Ghosio,Jr. �� �O Telephone(631) 765-1892 ly40u N Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 24, 2007 Mr. Kevin Barr 200 Basin Rd. Southold, NY 11971 RE: PARADISE POINT ASSOCIATION, INC. BASIN RD., SOUTHOLD SCTM#81-1-16.10 Dear Mr. Barr: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Tues., July 24, 2007: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit#6209 to slightly angle the three finger floats, (1) TX 20' and (2) 3'X 40', in a direction parallel to the shoreline, and as depicted on the plans prepared by Inter- Science Research Assoc., Inc. dated April 17, 2007. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, James F. King President, Board of Trustees JFK:Ims _tyl�� � ; � • 1 � � 1 � r � 'jF E 11• > •i _ ... • _ ..� n ' . y � �S .� 4 r, •\ h S � I /j' t J� y 1111/IIIII/Ib.�I-i �/� f ` Sy� ki • + . 71ill p t' •v.!/'�.!d'�Y./� •pt.JfT ... I,y'p �,� f ° i f6�' .�1 Mom W-Immiomm'" TERMS and CONDMONS Perniitta Paradise Point Association, Inc. at Basin Rd Southold N. Y., as of the eoasideralon for the lswanre of the Pamit does uttdeatand and prescribe to the fol L Thu the said Board of Trustees and the Town of Southold ate released from any Sad aft 4amaM or tialnu for damages, of suits arising.ditectly or tuditecdy as a tvv* of say opet- atioa performed_pursuaat. tl:xhis. t, and :the said_1'cmlittee w1U,_u Lois or her own expense, defend way and all such suits-initiated by third parries, and the aid fiumittee assmpoes full liability With raped thereto, tu-ebowoompkto CMdUAoa of 04 Board of Trmttes:of the Town of Satthold 2. Tfat this Petthlt is valid for a period of , 24' mos. whkh is ftddertd to be the estimated time,required to ;D implete the wodc involved, !ut'shoald drdairstmm warrant, request: for an extension ,may be wade to the Board at a Wet date: 3. That this Permit should be retained indefinitely, or as long as the Bald Permittee wlsha to'aasintaia the structure of project involved, to provide evidence to anyone concerned that adth- ptietdon was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-0ompliaote with the provisions of the originating application, may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unteatoaable interference with navigation, as a result of the work herein atidtorited. G. That there shall be no interference with the, right of the public to pan and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the,removal and/or alteradoot in the Location of the work herein authorlr4 or If, in the opimiom of 6c,Board of Ttasaes, the. worker Shall cause unreasonable obstntcnon to free navigation, the Bald Pen tin will be rognir4 ",due nodoe, to renove or alter this work or project herein stated wkbo%expenses to the Town' of $ottthold. 6. That tine said Board will be notified by the Pertola a of the ampledon.:cf the work tenth• : tubed. 9. That the Termittee will obtain aft otter petmits and conseuU that tnay be required dap- plemenal to this pwalt Yvhich way-be subject to revoke apoa.talhua to obtain aarme Albert J.Krupski, President ��OF SOUryo Town Hall James King,Vice-President �O l� 53095 Route 25 Artie Foster JL P.O.Box 1179 Ken Poliwoda CP T Southold,New York 11971-0959 Peggy A. Dickerson O p Telephone(631) 765-1892 OIiJ C�U111, Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 21, 2005 Mr. James Walker Inter-Science Research Assoc., Inc. 36 Nugent St. P.O. Box 1201 Southampton, NY 11969 RE: PARADISE POINT ASSOC., INC. BASIN RD., SOUTHOLD SCTM#81-1-16.10 Dear Mr. Walker: The Board of Town Trustees took the following action during its regular meeting held on Wed., September 21, 2005 regarding the above matter: WHEREAS, Inter-Science Research Assoc., Inc. on behalf of PARADISE POINT ASSOC., INC. applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated April 22, 2005 and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, Public Hearings were held by the Town Trustees with respect to said application on May 18, 2005, July 20, 2005, and August 24, 2005, 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, . 2 9 • WHEREAS, the structure complies with the standards set forth in Chapter 97 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, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of PARADISE POINT ASSOC., INC. to reconstruct the existing docking facility 10' to the northwest consisting of a new 4'X 15' fixed catwalk, a 4'X 12' ramp, and a 6'X 76' floating dock with three finger floats consisting of one (1) 3'X 20' float and two (2) new TX 40' floats, with the condition the two docks to the west are removed, and all as depicted on the survey prepared by Howard W. Young last dated December 22, 2005. Permit to construct and complete project will expire two years from the date the permit 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$50.00 per inspection. (See attached schedule.) Fees: $2,534.00 Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/Ims • ! Albert J.Krupski, President ���F souTyo Town Hall James King,Vice-President 53095 Route 25 Artie Foster JL P.O. Box 1179 Ken Poliwoda CA T Southold, New York 11971-0959 Peggy A. Dickerson § O Telephone(631) 765-1892 �IyCOU Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Paradise Point Assoc. Please be advised that your application dated 4/22/01 has been reviewed by this Board at the regular meeting of 9/21/05 and the following action was taken: (_Ix ) Application Approved (see below) ( ) Application Denied (see below) (_) Application Tabled (see below) If your application is approved as noted above, a permit fee is now due. Make check or money order payable 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: Dock Permit Fees Final Inspection (SEE ATTACHED) TOTAL FEES DUE: $ 2,534.00 SIGNED: d�� PRESIDENT, BOARD OF TRUSTEES • Albert J. Krupski,President ��Of S0Ury0 Town Hall James King,Vice-President 53095 Route 25 Artie Foster .f. P.O. Box 1179 Ken Poliwoda T Southold,New York 11971-0959 CA Peggy A. Dickerson e_ O '.2 Telephone(631)765-1592 �yColvin Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD PARADISE POINT ASSOC. SCTM#81-1-16.10 Computation of Permit Fees — Coverage of Town of Southold underwater lands: 4'X 6' fixed catwalk = 24' X $3.00/ft. = $72.00 4'X 12' ramp = 48'X $3.00/ft. = $144.00 6'X 76' floats = 456'X $3.00/ft. = $1,368.00 3'X 20' float = 60'X $3.00/ft. = $180.00 TX 40' floats = 120'X $3.00/ft. = $360.00 3'X 40' floats = 120'X $3.00/ft. = $360.00 Final inspection - $50.00 TOTAL AMOUNT DUE: $2,534.00 Albert J. Krupski,President ��OF SOUTyo Town Hall James King,Vice-President 53095 Route 25 Artie Foster P.O. Box 1179 Southold,New York 11971-0959 Ken Poliwoda Peggy A. Dickerson • �O Telephone(631) 765-1892 COUNII Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD PARADISE POINT RESOLUTION SEPTEMBER 21, 2005 The Board of Trustees Approve the Application of Paradise Point Association for a Wetland Permit for repair of the existing docking facility with the following changes, and subject to new plans showing the following: 1. Existing 6' x 1 00' floating dock to be moved 10' to the North west. 2. The same dock will be shortened to the end of the third seaward finger float, to approximately 76'; in order to follow the Code requirement of docks extending no more than one third across a waterway. The finger at the end of the existing dock to the west will be removed 3. The fingers on the dock , landward to seaward, will be permitted at Tx 20', 3' x 40', and 3' x 40'. 4. The two docks to the west will be removed. • �soFF04�, �� OG y� Telephone Town Hall (631)765-1892 53095 Route 25 Q .lC P.O.Box 1179 'y 0� Southold,New York It 971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Tues., May 10, 2005, the following recommendation was made: Moved by Don Wilder, seconded by Jack McGreevy, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH CONDITIONS of the Wetland Permit application of PARADISE POINT ASSOCIATION to allow the repair and/or replacement of the existing docking facility. Located: Basin Rd., Southold. SCTM#81-1-16.10 The CAC recommends Approval of the application with the Condition no treated lumber is used on the docking facility, there is to be ''Y2" spacing between the decking, and all necessary measures are taken to prevent the stormwater run-off from Basin Rd. from running to the basin. Vote of Council: Ayes: All Motion Carried 2005 Field hispectioo <a c•r,'c 11 r. �s 2005 Field Inspectiob Aw- - ^�-a ��. . Y Sri*'.,+'�►=.- - ' i. � y _ If 2005 Field Inspecti. • Ira In k ♦ t �!14 ter!%� � �, ri . may'. 11 i3 y 117 c � � f jT r 11'y'1 � U a • � •!f4yyli A��� • 1Y1f f`(� 1 �I. � U 1� �irt P•'•� jM 4Y �'� e t ��_ i xx. . aA; B S I-IJ-9l •. -OS -11-01u'E� e-za-a sourvoLD SEE MC.N0.133 ZU IWO rura I� m 22S 2AS O F.mD.28 ,O r ST le 15 1 ,'S i 3!Y O r ( 1 16.11 R BASM 16.T ; M1 2.]Pltl � 1}l , _ R 36.2 s L2PId _ o N 15.7 15.8 I[5 M3 - 0P L3A LeA 23A 23A(d E mq E 6 LUW Il9A J 16.12• �' 1.)AItl it s RD(NJSON �. e Laud n 29A(U 29 14W, 3M2 SEE SEC.Na 1J] J 1SJ MA M3 w 3S 2 �Akl C' \ O .� 20NU IA 27.1 P LSAIU 2 A(cl 2J2 3 5 3utl LMSPW O 194 m :.TA A O2 AJ o M7 Z o A s.5ua h 1xA a, 15AW N O 4� 22 � 21 !3 g L.A(d 5 � 19.SNU 24 4 AW Q a o x 2TAIc1 n W �4 aE, .0 xXYE"TEs K lwx a SECTION NO E Z. x:Y" °"^F NOTICE COUNTY OF SUFFOLK C —�— mnxm.R. . czv — "— xe` E ralmno arJN�J E SOUTHOLD E a„ _____ �� �- e __ —_ _�,—_ a EaO Real Property Tax Service Agency E as H ..e,x� .�.-. . v,,,,, o u_ e..x.u. -. m«..u. _• _ ..n �� :`,:,tea"e.nwi J•" x mo-a"Ev Canty Center PJverheoO•N Y 11901 N O 81 ma x E6P• a ev w 1000 P..eoe..r� ....• FOR ADJOINING AREA SEE A0.28 4 43 44 / •� p � STEARN POSNi m aD iOf UpUa,YFq pv I i CEMFIFAY � O UTHOLD 9 i \rr, O IaOw'Oi 1 PARh civ p{.O i Hoop�iE 7bWMT a11114 \ P b � FP.iA.YjJ I E\� J9 PA \ BURRp NNY q ° �7 �T \4$ J 8 A l , \ p"' 3 WEST NfCK BAY 16 v _ \0 0 0. BOX\ NLY :Fs Y l' RD lira NaN'S v` r l' � VyEPT � f.420N SMIi N vy: a,c a 1 E IC• Ro � j Sur3 T _ AWES / . DSE pL,ASp � 0 01. N N9p T �SR. ` Ij NECK q y.'i EOVNPNS R,f�s ,. a-VIM"B(„ 5 sty�l l i 4"4 N L LL WHEEA OH e(� y, ♦ y� 9Y RO� A ♦ 6PTE3 FQAR'. 4 licTriYLP✓lr S. �J, i NERD- �+ '� A ov1 pf .1. ,x# r<I i_ a �+ .r�k ra$ e✓ rb t wy. ��. q 2 x '�j` a}?� T v Fs v S ,01 To aA x v CS v-$ei.�vl- t � a,rrE.y r 4 � 'Gl$¢S07t �i 3 VFW f_yr# z,„ s4 .. > NAvery y i r B 7 NOWNEU'" f ESSUP t' 96 NECK B A 9 MORTON NATIONAL ' WILDLIFE REFUGE i I i - - s / Jennings Pt 90 2¢ mh (,Or' t•P8 �� S a0QQ i �yry�pp\j �� •� � � �. J ♦y,, ♦ a< c oPiling B I 2/ o •• r �: 37 63 T BM,2 ^�•.•. \�1 /. 3 9 14 I L I, - S A \ OW 26 36 m �o 2 ��`:, 20 �. _ 15 \ Z(n � We 1 9 2fi2d 2 9 f� 57 59 �w Fop'nders 24 40 o nding 85 35 Harpers P;rk S $ V,L ��' � ��46 1S' LANDI ,A�-- P ''ems �3 Pt 3ers �\ 4 dT 3°uthbld v �. � 7 1 io f � �, wee! x \\°c re J 21 Bay I/l 4 \ 1� 34 39. 4548 NECI -�a 3 wise- n .x 4547 ..• J 1 24 S: � / / WOAD w /!. � ��, 1 ao' 2'30, 16 4 atzrs .�( oo #t , 2/ -46 i / Mtn \ l / 65 4545 jo 20 I 15 \ /0 �'" 122 /9 14 / /s 66 \� B / 6 / so 6544 13 2/ 15 22 - 6 '// e/ 34 MORTON NATI,'0NAL 0 WILimilm"FuOz Albert J. Krupski,President ��OF soUryo Town Hall James King,Vice-President ,�O �Q 53095 Route 25 Artie Foster i i, P.O. Box 1179 Ken Poliwoda '! T Southold,New York 11971-0959 CP Peggy A.Dickerson G • �O Telephone(631)765-1892 �COU Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD November 16, 2005 Mr. Stephen R. Angel Esseks, Hefter&Angel 108 East Main St. P.O. Box 279 Riverhead, NY 11901-0279 RE: PARADISE POINT ASSOC. BASIN RD., SOUTHOLD SCTM#81-1-16.10 Dear Mr. Angel: In accordance with your letter dated October 14, 2005, the Board of Trustees has reviewed your proposal to secure the docking facility for the Fall and Winter season and hereby grants the Paradise Point Association permission to conduct the following emergency work: 1. Reset four piles in order to stabilize the dock over the Winter. 2. Rebolt two of the float ends. 3. Tighten all eye bolts. 4. Bolt two of the 2"X 10"X 8' stringers to the existing top stringers. 5. Install two sets of eye bolts. 6. Renail approx. 25 loose deck boards. Please be advised the above described emergency work must be completed within five (5) months from the date of this letter. One inspection is required before the work begins and a second inspection immediately upon completion. Very truly yours, �7 Albert President Board of Trustees AJK:lms cc: Paradise Point Assoc. ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW OB EAST MAIN STREET P. O. Box 279 RIVERHEAD, N.Y. 1 1 90 1-02 7 9 WILLIAM W. ESSEKS (631) 369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R. ANGEL TELECOPIER NUMBER (631) 369-2065 P. 0. Box 570 JANE ANN R. KRATZ WATER MILL, N.Y. 11976 (631) 726-6633 WILLIAM POWER MALONEY CARMELA M. DI TALIA ANTHONY C. PASCA NICA B. STRUNK October 14, 2005 NANCY SILVERMAN LISA J. Ross THEODORE D. SKLAR OF COUNSEL Aibert Krupski, President 1 i } -- and Members of the Board of Trustees -- Town of Southold 53095 Main Road iLi OCT 1 7 2005 1 P. O. Box 1179 Southold, NY 11971 Rp 1l1 Ci TNSIeeS Re: Paradise Point Association — Request for emergency work authorization Dear President Krupski and Members of the Board: As you know, we are the attorneys for the Paradise Point Association, Inc. You recently issued a permit to relocate and reconstruct the Association's docks in the basin at Paradise Point. The Association's consultant, James Walker of Inter-Science, is in the process of submitting applications to the other agencies having jurisdiction, i.e., the New York State Department of Environmental Conservation and the Army Corps of Engineers. We are also investigating whether or not we need an approval from the Zoning Board of Appeals, given the Zoning Board's last determination involving the docks in the basin. We expect that the approval process will take a significant period of time. Certainly, we will not have all the approvals necessary to construct the new docking facilities until next Summer, at the earliest. The Association docks need some work in order to safely survive the Fall and Winter season and to protect the Association's members and their guests from personal injury. We have spoken with Steve Pawlik of S.M. Pawlik Marine Contracting, and have been advised that the docks need, at the minimum, the following repairs: 1. Four piles need to be reset in order to stabilize the dock over the Winter. 2. Two of the float ends need to be rebolted. 3. All eye bolts need to be tightened. • • ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 4. Pawlik needs to bolt two of the 2" x 10" x 8' stringers to the existing top stringers. 5. Two sets of eye bolts have to be installed. 6. Approximately 25 deck boards are loose and have to be renailed. As you can see, the work proposed by Mr. Pawlik is minimal. It needs to be done. We respectfully request your authorization to do it promptly. Finally, we have spoken with Mr. Pawlik, and he is willing to meet with you, at any time, at the property. Res cuully yoturs, SRA:md eph R. Angel cc: E. Brownell Johnston, Esq. S.M. Pawlik Marine Contracting James Spiess, Esq, James Walker Robert Scalia Paradise Point Association, Inc. — Attn: Patrice Keitt Y 1C.,~ a .M, { f 8 _ 00 s -r J m`J4.GhN1;Wlilbi"�3 , � � � ;, .. .Y .. �Z�: r V .. �v �.. L`xi .. �A .,. t -'�4 i Y '� ��yy � � !C5 ��^ P�r�.-..,... �� � �^` Mh¢ _ ate+ tr �. `` .��� 4� Y� � t .. .: f.. i. 7y„v �. - ti. .- ram. �wN. .. ._� ... 14 _a' .: .max i..:. •a. t:.. A .F.I: :y, wiF .,. '- '4 .. -._ r 2t�i n _ .. y,i,L C\l • Ln ----- � _ •V.►._ -.>. .;� ? --ems-= - .��- ,�,R +f#"� r.>•..p� t _ �k S t •qy. ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P. 0. Box 279 RIVERHEAD, N.Y. 1 1 901-02 79 WILLIAM W. ESSEKS (631) 369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R. ANGEL TELECOPIER NUMBER (631) 369-2065 P. 0. Box 570 JANE ANN R. KRATZ WATER MILL, N.Y. 11976 (631) 726-6633 WILLIAM POWER MALONEY CARMELA M. DI TALIA ANTHONY C. PASCA NICA B. STRUNK December 27, 2005 NANCY SILVERMAN LISA J. Ross THEODORE D. SKLAR OF COUNSEL Board of Trustees Town of Southold 53095 Main Road P. O. Box 1179 DEC 2 FI 2-J5 Southold, NY 11971 Attn: Lauren Standish—Hand Delivered Re: Paradise Point Association Dear Ms. Standish: I enclose two prints of the survey of the proposed docks (Sheet 1 of 1) last dated December 22, 2005. These were prepared by Young& Young. I believe they comport with the Trustees' resolution. Would you please have the Board stamp the plans and issue the permit. If you have any questions, contact me and/or James Walker of Inter-Science at 283-5958. Res ectfully yours, SRA:md S ephe . Angel cc: E. Brownell Johnston, Esq. — w/enc. James Spiess, Esq. —w/enc. James Walker—w/o enc. Paradise Point Association, Inc. - Attn: Patrice Keitt—w/enc. i i I HOWARD K YOUZ, N.Y.S. L.S. NO. 4UM-o THOMAS C. AOLPERT, N.Y.5. P.E. NO. 61461 4.589� DOUSLA5 E. ADAMS, N.Y.S. P.E. NO. 606CI SURVEY FOR PARAD 15E POINT loll ASSOCIATION, INC. At Bayview, Town of Southold Suffolk County, New York 1000 81 OI 16.10 County Tax MOP District 1000 Section 81 Block OI Lot P/O 16.1 0 PROPOSED DOCKS e c z € r65 DEC. 22, 2005 ens DEC. 14, 2005 MAP PREPARED NOV. 28, 200512 gd'� Y1Ms SCALE: 1".SO' 5pa JOB NO. 2004-0689 DW6. 2004_0051—bp R Dec-16-05 01 : 10P Oer-Science 2133 5974 P-01 INTERZSCIENCE RESEARCH ASSOCIATES, INC. ENVIRONMENTAL PLANNING B DEVELOPMENT CONSULTANTS RICHARD ERIK WAWN,AICP December 16, 2005 I Albert J. Krupski, President Board ol'Town Trustees DEC 16 2005 Southold Town Hall P.O. Box 1179 Southold, New York t 1971-0959 Re: Paradise Point Association Suffolk County Tax Map Number 1000-81-1-16.10 Dcar Mr. Krupski: I Attached please find a sketch depicti ng the dock alignment and the 1/3 rule. The sketch has been provided on the Young& Young survey for accuracy. The width of the basin at the centerline of the proposal dock is 245 feet. The dock extends 81,66'into the basin. It appears that the dock design now i conforms with the town directives. Should you have anyqueslions regarding this cover letter or the project in general,please do not hesitate to contact this office. Ttitutk you for your prompt attention to this matter. Respectfully submitted, I tPniipLi�] alker anner JLW: jlw enclosure copy: Slcve Angel, Esq. Patrice Kcitt i E'�Polndl>e.Pnel�fOSI ILE'I'I'ERIP IU:'INIS.wlxl I POST OFFICE BOX 1701 36 NUGENT STREET • SOLITHAMFTON,NF.W YORK 11969-1201 • 631483-5958 • FAX:631-283.5974 Dec-16-05 01 : 10P cr-Science 283 5974 P_O2 j / H• _ mimes RO/a E i r h�sr .I _�.�" �peaTn � Jj •Q., '^am v 22.1 r s �4q %C �arr•6 a ��pp^�{? �,'\�-/„pJ+ r 'J.�bo ��' �t 7 ! 12.04 voeA PpgTIp v Rho (o st 00 )(6.1,?LOATHE' � r 1 Q/i51� :I ! �A r ,fl ! �.+p95Y1Nb�KWNy70� O ptAl,TO* vWs rr I to ! r \�MCM,T,Y1n�rr.aaB r r r 7 RPt'� PTO?1-OP or 100 "Are r / l._J 1 1 1 SAT I !a ,AT� p l d� N� �.19►,Yd P T owl TO 62. y ' J p„uaa 3"I '�0'1 g1.62 IJSq 17 P p�11s6 f' 10 .,.A. or. ,Tac Gent r i ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW OB EAST MAIN STREET P. O. Box 279 RIVERHEAD, N.Y. 1 1 901-02 79 WILLIAM W. ESSEKS (631) 369-1700 WATER MILL OFFICE MONTAUK HIGHWAY MARCIA Z. HEFTER TELECOPIER NUMBER (631) 369-2065 P. 0. BOX 570 STEPHEN R. ANGEL JANE ANN R. KRATZ WATER MILL, N.Y. 11976 (631) 726-6633 WILLIAM POWER MALONEY CARMELA M. DI TALIA ANTHONY C. PASCA MICA B. STRUNK August 26, 2005 NANCY SILVERMAN LISA J. Ross THEODORE D. SKLAR OF COUNSEL Albert Krupski, President D �f and Members of the Board of Trustees D Town of Southold 53095 Main Road Auk .� U Southold, NY 11971 Re: Application of Paradise Point 9Southold 101 uslees Dear President Krupski and Members of the Board: I appeared in the above matter on behalf of the Paradise Point Association ("Association") on last Wednesday's calendar. Eric Bressler appeared, in opposition, on behalf of Mary Zupa. As part of my presentation, I reminded the Board that the Southold Town Zoning Board of Appeals had determined that the Association's marina, in the basin at Paradise Point, was a legal nonconforming use, and that the court (Supreme Court, Justice Daniel Loughlin), confirmed this finding. Mrs. Zupa's Article 78 proceeding challenging the Zoning Board's determination was dismissed. Mr. Bressler argued that since he had filed a notice of appeal from Justice Loughlin's judgment, the Justice's decision, and, presumably, the Zoning Board's determination, were nullities. I told the Board that Mr. Bressler was incorrect, and that I would provide legal authority to that effect. Under New York law, a judgment — or even a determination in an administrative proceeding such as a zoning board determination — is final until actually reversed or modified by a higher tribunal. The pendency of an appeal or Article 78 proceeding does not deprive the judgment or prior determination of its finality. Antonious v. Muhammad, 873 F.Supp. 817, 823-4 (EDNY 1995) (State Court judgment binding notwithstanding pending appeal); Samhammer v. Home Mut. ins., 120 AD2d 59, 64 (3d Dept. 1986) (rule that finality of judgment is not affected by pendency of appeal applies equally to ' ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW administrative determinations subject to pending Article 78 proceedings); Exchange National Bank v. Ferridge Properties, 112 AD2d33 (41" Dept. 1985) (Bankruptcy Court determination final pending appeal). Moreover, the New York treatises uniformly state that the pendency of an appeal does not affect the finality of an underlying judgment. See, 73A NY Jur., Judgments Section 387, 813 Carmody Wait Section 63:10 and Weinstein, Korn & Miller Section 5011 .10. Should you or your counsel want copies of these authorities, contact me and I will send them immediately. Re ectfully yours, SRA:md eph n R. Ange cc: E. Brownell Johnston Eric Bressler, Esq. Paradise Point Association, Inc. — Attn: Patrice Keitt INTER-50ENCE RESEARCH ASSOCIATES, INC. ENVIRONMENTAL PLANNING & DEVELOPMENT CONSULTANTS RICHARD ERIK WARREN,AICP President August 16, 2005 Albert J. Krupski, President Board of Town Trustees Southold Town Hall AUG 1 7 2pp5 ! f 1 P.O. Box 1179 Southold, New York 11971-0959 Southold Town Board of Trustees Re: Paradise Point Association Suffolk County Tax Map Number 1000-81-1-16.10 Dear Mr. Krupski: Enclosed please find the alternate layout prepared for this project. I believe that it shows all ofthe information that the town requested. The dock has been shifted away from the adjoining dock. It provides a single dock with the same approximate number of slips for the association. The outer limit ofthe dock and 12 foot wide beam width of a boat moored alongside has been staked for the field inspection. Should you have any questions regarding this cover letter or the project in general,please do not hesitate to contact this office. Thank you for your prompt attention to this matter. R pectfully submitted, J es L. Walker Pri cipal Planner JLW: jlw enclosures copy: Patrice Keitt(w/copies) Id'\ParadisePoinC,TOSH LETTER08162005.wpd POST OFFICE BOX 1201 • 36 NUGENT STREET • SOUTHAMPTON, NEW YORK 11969-1201 631-283-5958 FAX: 631-283-5974 INTEI6CIENCP RESEARCH ASSOCIATES, INC. ENVIRONMENTAL PLANNING & DEVELOPMENT CONSULTANTS RICHARD ERIK WARREN.AICP Pr e,inem June 2, 2005 - Via Telefax/Regular Mail (w/full set of enclosures) - Albert J. Krupski, President �D L Board of Town Trustees r— SoutholdTownHall all JUN - 6 2005 J P.O. Box 1179 Southold, New York 11971-0959 —I Scntoo!d iown BoarG of irtu'.ees Re: Paradise Point Association Suffolk County Tax Map Number 1000-81-1-16.10 Dear Mr. Krupski: Enclosed please find the large scale and Army Corps of Engineers detail diagrams for this project. In response to the town directives stated at the initial public hearing,the proj ect sponsor has also provided a precise Design Narrative which discusses the project specifications. For clarification,the following work is proposed at the Paradise Point Association property: Main Dock 1. 2'-7" x 18'-7" Fixed Pier Catwalk -No work is proposed or necessary at this time. 2. 3'-0" x 12'-0" Ramp Down -No work is proposed or necessary at this time. 3. 6'-0" x 100'-0" Floating Dock - All floats to be replaced at this time for the main dock. 4. Three (3) 6'-0" x 20'-0" Floating Docks - All finger piers to be replaced at this time. 5. 4'-0" x 12'-0" Floating Dock - To be replaced at this time. 6. 6-0" x 40'-0" Floating Dock - To be replaced at this time. 7. Six (6) Existing Pilings to be re-set at this time. Small Dock 8. 3'-0" x 27'-0" Fixed Pier Catwalk - No work is proposed or necessary at this time. 9. 2'-0" x 12'-0" Ramp Down- No work is proposed or necessary at this time. 10. 6'-0" x 20'-0" Floating Dock-No work is proposed or necessary at this time. 11. Two (2) Existing Pilings to be re-set at this time. POST OFFICE BOX 1201 • 36 NUGENT STREET • SOUTHAMPTON, NEW YORK 11969-I201 • 631-283-S958 • FAX: 631-283-5974 Please consider this revised submission a clarification of the original application. Please continue your review at the next meeting of the Southold Town Board of Town Trustees. Should you have any questions regarding this cover letter or the project in general, please do not hesitate to contact this office. Thank you for your prompt attention to this matter. Respectfully submitted, J es L. Walker P cipal Planner JLW: jlw enclosure copy: Patrice Keitt E:\Pa.disePomt\TOSHLETTER06022005.wpd i INTEIOCIENCE Jtrn-02-05 03: 37P eter-Science 283 5974 P-01 INTER-CIENCE RESEARCH ASSUI.:IAI ES, INS. wv.u;NMCN In r1 nNNlr,c; x r,I JI I(.PNti•I L,.r, L,u RJCHAKI;rl`0. VANHLIr All.. June 2,2005 -Via Telefax/Rcgular Mail(w/full set of enclosures) - F7Board :] Albert J. Krupski, PresidentBoard of Town Trustees Southold Town Hall P.U. Sox 1179 Southold, New York 11971-0959 Re: Paradise Point Association Suffolk County Tax Map Number 1000-81-1-16.10 Dear Mr. Knrpski: Enclosed please find the large scale and ArmyCorpsol'Engi ctersdetaiIdiagramsforthisproject. In response to the town directives stated at the initial public hearing,the project sponsorhas also provided a precise Design Narrative which discussestheprojeclspecifications. For clad fication,the followingwork is proposed at the Paradise Point Association property: Main Dock 1. 2'-7"x 18'-7" Fixed Pier Catwalk -No work is proposed or necessary at this time. 2. Y-0" x 12'-0" Ramp Down-No work is proposed or necessary at this time. 3. U-0" x 100'-0" Floating Dock-All floats to be replaced at this time l"or the main dock. 4. Three(3)6'-0" x 20'-0" Floating Docks - All linger piers to be replaced at this time. 5. 4'-0" x 12'-0"Floating Dock -To he replaced at this time. 6. 6-0" x 40'-0"Floating Dock - To be replaced at tlds time. 7. Six (6) Existing Pilings to be rc-set at this time. Small Dock 8. 3'-0" x 27'-0" Fixed Pier Catwalk-No work is proposed or necessary at this time. 9. 2'-0" x 12'-0" Ramp Down-No work is proposed or necessary at this time. 10, 6'-0" x 20'-0"Floating Dock -No work is proposed or necessary at this time. H. Two (2) Existing Pilings to be re-set at this time. VQYI (PrI'IC'F BOX 1201 • 36 NUGLNI SI KLLI • SOUPIAMPTON,NFW YORK 11969 1101 - 631 2tl1 5-/58 • IAA:631 283 5479 Jyn-02-05 03:37potev-Science �1 283 5974 P_02 i Please consider this revised submission a clarification of the original application. Please continue your review at the next meeting of the Southold Town Board of Town Trustees. Should you have any questions regarding this cover letter or the project in general,please do not hesitate to contact this office. Thank you for your prompt attention to this matter. Respectfully submitted, James L. Walker Principal Planner JLW: jlw enclosure copy: Patrice Kcitt P::Ubulirl'ain[/ICLNILF.'I"I'F.NUWI]UW.wld I I I I I INTER5UENCE Jun-102-05 03: 38*11ter-Science 031 283 5974 P.03 N 1 ... V I f I N I T V M A P � ti1 PwVw::Ilowing.1)wk Site Platt View t4... lhujn5: o nxr •ar AYYq<.xixlfMahry�fkr4 Dalum:M.I.W.-Sea I^el Malrpilryt " -.r. I location ul'Pt+x:I: a ly IM' Scale: Ir,Yl n-: 11K1' I.Mary Arm S(7MF 1000.81-I-II67 II nm:Po.xr,W A�a0 •1 hYxm 1.�IxxYm+rYl wwl nry."xy: �nu..r•.nx e,,.. nal....d 2.D ri 5nn S(TMM up?11-01=1=114'Ib N.x 1'-A,NwY.6 LYV� I.W.4 eIYR KS. . di A..i4 ,lwM hik: N.,PlinK K.NuArnl Nrrcl,4.rxlwnlwaY New YNIK IiM I Ipd.W1151T;Ix15-J our pnYih•.iMT, M1indYMll�r�rlsnl M,Anuwlw a.�.IYa.• ...`n:......•x•.e...liFix' Shrcxl Mx Uxn:M%Jlp. man.........MrnM1�. JUn-02-05 03:38*nter-Science 031 283 5974 P-04 r T-r.10'-7'I ind vi,•.I:al..:lt --3'-0•x 13'-0-RAmp lbwn / Cxis'1iF% / WWx MY 11'Fhndig(h.k r / II 0 p / Ip r 44'x 11'-V Fbaing Dork r ow / 2131 / / r ,J / r• h4Y'x 411W Fhaing r1Vnk xiping r_ - / J r Throe C11 h'41'x YIY4Y r Fk.Ainrl I x.4" r / r.:,1n / Dak p ra Ir r r r —IF—,uw a r r r J Fxisdng Deck r . r i • r Boat Basin -�ALW r r `-AHW r / Frurpm.:Hlxving Dx k Detail fkill View W.-d ^'1. o xIr do rw�q;.vla noxrgrxxa 1 1 �I ImAlkx111I IM1111Y1: I)anxn�M.I.W. Sea Level M4ppilry{ r - Scale: 1'..-4(Y 1n:YANdiw K"Rua anal AAM.wyZ{4olxlT # INX: ruin r.vry:a::Rolk tawny 1.M.uy Zupa SCTMA 11NNLH7-i-111i.7 r.�.,M�n„:n.w �:.�,,....•r�M.�•.+ w. PmpvM xY� 2.Uillriku•n tiCIM$1WD-Hl-1!IR III '"'NI."x.u.A�w.. ..... w+L'.. INA'~ROS.,h A>vxidW.km Ib NurIr V:vn,V.xlwnryxn,New Ywk 11*4 1ik:IGger,Anlmf Y.x.1r11a MtiIMY.vwlix 11in11W OM lnirclb h:u:urxn„n..p.b.p.pxp...+H, +r�uwe:.wgAa. llpkNr 111.9'xX19-'l avr pWilr.Ih",w„ .Fnrvn L��411.n�Jiwmna..�n..i�.�wex hid.wMwo..w.e.Lpwi...r, Wnx1N4 Ib4r:IK,91A: Jun-02-05 03:38•nter-Science ,31 283 5974 P.05 1 - �. 2'7'x 18'7'Fixed Pier Cat%,jW 12 18r_�1I 12'x 2'Ramp Down I 8 1 4 A.F W. (2.3') 0 I -4 yp` e .. 0 20 40 1 x MI lOAtpMg S to be replaced 6' x 100' Float Sections to,be replaced 1 in 5 rwddfis (G' x AY each) 1 60 80 100 1 4'-W x 12'-(Y Floating Dmi to bp relYlaicd _ 6' x 40' Floating dock to be replaced I - in 2 sections W x 20' each) c: A 120 140 1 fi0 Purpw.:mating lkx:k Profile View Njx wrrxjnr: II 8' n; Mling.atd h4v6rq UwX Durum:M.1-W.-W 1ppel Mapping 1 motion of I jK-t: AdIxentPropeNyOwri K: tl:alx: 7/g' 1' In r•,xwlix•r�unOlNle:ean C.kat i nixxp wnYo0.[:.Ilq 1.Maty 2upra 5f:IM81(1110 81-1-1 1 4.7 r...L..n..n w..Fa..�.lu.a.nvxln.cal VrmanN xr. 2.Didlikuxl SCTMN'I(KK1 a 19&7(1 "'['°"A'x'•e.t~�'v�' Innv Slilrxr krwrxrh nrarLreM.Xx. x t. Ilk:Wryel.AIxlrLrl�Pm:xLx•IbIM',vnMla IMim I Ar,K 34 NuX x SIrM,Fmlhom",NI•w Ynh I l WJI uW 611r OSPLWt. .I aax•IMlt.d.. Ia,x.x..n.:.x...re:,L,......I.h,M.ixq.rr u3r i.. ................ ..a.. ... ...,+.. Story lMx Rrer:¢✓npr, Jun-02-05 03:38 nter-Science •31 283 5974 P.06 TYPICAL CROSS SECTION OF iL FLOATING DOCK IC m%01."1 km!Typ�Wm F Ift-MAW Dr4ckjng m 'k..k exe 4'.6' V*r 4'.W R,..gh Nm:FRinp W be Ir m Ilbb Mirpme; FbatingE)tx:k Cross Section View Dalm, MA-w--%p-,LeM Mapping Lxalk)n to Pnojml; Adpx:t!nf ftiperty Owsmn: x m 3tT=1' I.Mary Zupa.VTM#I(W-81 1-116-7 1 h- 2.Didelkson SC'TM# I Im-81 1 9& 11) rdl;X�. ................ ...... 5hM 4.114 MIMI, Jan-02-05 03: 39*ntev-Science 4031 283 5974 P-07 - DESIGN NARRATIVE - For PARADISE POINT ASSOCIATION, INC. Siluale Basin Road,Briar Lane and Robinson Road,Town of Southold Suffolk County, New York PREPARED FOR: Paradise Point Association,Inc. c/o Ms. Patrice Keitt 320 Fast 571h Street-Penthouse E New York, New York 10022 PREPARED BY: Inter-Science Research Associates, Inc. Environmental Planning&Development Consultants 36 Nugent Street,P.O.Box 1201 Southampton, New York 11969-1201 DATF.PREPARED: April2005 This Design Narrative was prepared to support the application of.Paradise Point Association, Tne. to allow the repair and/or replacement of the existing improvements at the Paradise Point Association,Inc. properly situate Southold Bay. The plans provided to the Southold Town Board of Town Trustees,New York State Department of Environmental Conservation, Anny Corps of Engineers and New York State Department of State include repair and/or replacement of existing improvements only. No changes in the sizes and specifications of the existing improvements is proposed. No changes in the boat occupancy or configuration of the docks is proposed. The facility is Jyn-02-05 03:39Or nter-Science 31 283 5974 P-08 in need of basic repairs. The permit applications filed respectfully request approvals for the routine repair and/or replacement of the existing facilities shown on the project survey and plans so that the association may use the docks this season. Furthermore,the applications were filed alter the town, state and federal regulatory agencies had reviewed the repairs to the existing bulkhead at the west jetty and issued the requisite approvals. After formal approval from New York State Department of State is received, it is anticipated that the bulkhead repair will be completed. This Design Narrative is provided to the involved regulatory agencies to provide a precise description of the work to be done at this facility. The work will be referenced to the Survey for Paradise Point Association,inc.prepared by Young& Young dated April 15,2005,as follows: Main Dock 1. 2'-7" x 18'-7" fixed Pier Catwalk-No work is proposed or necessary at this time. 2. T-0"x 12'-0"Ramp Down- No work is proposed or necessary at this time. 3. 6'-0"x 100'-0"Floating Dock - All floats to be replaced at this time for the main dock. 4. Three(3)6'-0"x 20'-0"Floating Docks-All finger piers to be replaced at this time. S. 4'-0"x 12'-0" Floating Dock-To be replaced at this time. 6. 6'-0" x 40'-0" Floating Dock-To be replaced at this time. 7. Six(6)Existing Pilings to be re-set at this time. Small Dock 8. T-0"x 27'-0"Fixed Pier Catwalk-No work is proposed or necessary at this time. 9. 2'-0" x 12'-0"Ramp Down-No work is proposed or necessary at this time. 10, 6'-0" x 20'-0" Floating Dock-No work is proposed or necessary at this time. It. Two(2) Existing Pilings to be re-set at this time. NOTES; Replace all floats except small dock float as noted above. Re-set all pilings. The aligouncnt of the dock improvements is shown on the provided survey. The work proposed is limited to Suffolk County Tax Map Nurnber 1000-81-1-16.10. The work can be completed from a work barge located in the boat basin. All deliveries can be provided from Briar Lane to the west jetty. This parcel is owned by Paradise Point Association,inc. and is referred to as Suffolk County'rax Map Number 1000-81-1-16.11 as shown on the Suffolk County Tax Map location map provided with the original application materials. Paradise Point Association,Inc. also owns Suffolk County Tax Map Number 1000-81-1-16.5 which is a small parcel located on Robinson Road. All work will be done in conformance with Town of Southold Board of Town Trustees,New York State Department of Environmental Conservation, Army Corps of Engineers and New York State Department of State standards. Jinn-02-05 03:3*ntev-Science 31 283 5974 P.09 The following permits and approvals are required for the proposed work at the Paradise Point Association,Inc.property: Town of Southold- Board of Town Trustees Permit New York State Department of Environmental Conservation-Tidal Wetlands Permit, Protection of Waters Permit,Water Quality Certification Army Corps of Engineers-Section 10 Permit(Rivers and Harbors Act of 1899 Permit. New York State Department of State-Coastal Consistency Concurrence All conditions of permits and approvals must be complied with including Notices of Commencement and Completion. All work will be done in accordance with the Board of Trustees Policies. E:\PmdimPN,rxlniP NARRAI'1 VI'm772upf.wpd INTEI-CIENCE RESEARCH ASSOCIATES, INC. ENVIRONMENTAL PLANNING & DEVELOPMENT CONSULTANTS RICHARD ERIK WARREN.AICP President May 26, 2005 Albert J. Krupski, President Board of Town Trustees Southold Town Hall P.O. Box 1179 Southold,New York 11971-0959 Re: Paradise Point Association Suffolk County Tax Map Number 1000-81-1-16.10 Dear Mr. Krupski: Enclosed please find a copy of the April 15,2005 survey completed by Young&Young. This office is completing the remainder of the information requested by the town and will re-submit as soon as possible. Should you have any questions regarding this cover letter or the project in general, please do not hesitate to contact this office. Thank you for your prompt attention to this matter. Re§pectfully submitted, Ja nes L. Walker Pr ncipal Planner JLW: dee enclosure copy: Patrice Keitt F:iParadisePoinOTOSHLETTER05262005.wpd POST OFFICE BOX 1201 • 36 NUGENT STREET • SOUTHAMPTON, NEW YORK 11969-1201 631-283-5958 FAX: 631-283-5974 INTER-50ENCE RESEARCH ASSOCIATES, INC. ENVIRONMENTAL PLANNING & DEVELOPMENT CONSULTANTS RICHARD ERIK WARREN,AICP President April 13, 2005 Albert J. Krupski, President Board of Town Trustees 1 Southold Town Hall 53095 Route 25, P.O. Box H 79 Southold, New York 11971-0959 �j tir ri Re: Paradise Point Association Suffolk County Tax Map Number 1000- 0' Dear Mr. Krupski: Enclosed please find acompleted application to allow the repair and/or replacement ofthe existing improvements at the Paradise Point Association property situate Southold Bay. The following materials are provided for your review and comment: 1. Complete Trustees Lands Permit, Short Environmental Assessment Form and Fee. 2. Plans preparedbythis office for the repair and/or replacement of existing improvements. 3. Project location maps including Suffolk County Tax Map,United States Geologic Survey and Hagstrom Atlas. 4. Authorization Letter. The plans include repair and/or replacement of existing improvements only. No changes in the sizes and specifications of the existing improvements is proposed. No changes in the boat occupancy or configuration of the docks is proposed. This facility is need ofbasic repairs. It is respectfully requested that a permit be issued for the routine repair and/or replacement of the existing facilities shown on the project survey and plans so that the association may use the docks this season. This package has been submitted concurrently with a request made to the New York State Department of Environmental Conservation,New York State Department of State and Army Corps of Engineers. Furthermore,this application is made after the town had reviewed the repairs to the existing bulkhead at the west jetty and issued the approval. Please be advised that the approved project has not POST OFFICE BOX 1201 • 36 NUGENT STREET • SOUTHAMPTON, NEW YORK 11969-1201 • 631-283-5958 • FAX: 631-283-5974 been completed due to an incomplete NYSDOS application which is being resolved. It is anticipated that the NYSDOS approval for the bulkhead repair will be issued soon and that proj ect completed this spring. Should you have any questions regarding this cover letter or the project in general,please do not hesitate to contact this office. Thank you for your prompt attention to this matter. Respectfully submitted, . "� talker anner JLW: jlw enclosures copy: Patrice Keitt E TaradisePoi iffOSHLETTER 12092004.wpd INTERYIENCE �gUFFO(,�c • ELIZABETH A.NEVILLE h QG Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 REGISTRAR OF VITAL STATISTICS nZf Southold,New York 11971 MARRIAGE OFFICER Fax(631) 766-6146 RECORDS MANAGEMENT OFFICER Fax .#��� Telephone(631) 766-1800 FREEDOM OF INFOpRMATIOON OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD �— AI{PLI ATION FOR PUBLIC ACCESS TO RECORDS sOUthpId IOWA --J T stees INS lease complete Section I of this form and give to Town Clerk's fice (agency Freedom of Information Officer) . One copy will be returned to you in response to your request, or as an interim response. SECTION I. TOiL/� � (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.) c=a Signature of Printed Name: k Y S , UAl Address Mailing Address (if different from above) : Telephone Number: Date: -D� [ ] APPROVED [ ] APPROVED WITH DELAY* [ ] DENIED* RECEIVED tt � MAY 2 0 2005 Elizabeth A. Neville Date Freedom of Information Officer Southold Town Cle►k * If delayed or denied see reverse side for explanation. o�gUFFO(,[-cQ ELIZ"ETH A. NEVILLE /.� Gy� Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS T Southold, New York 11971 MARRIAGE OFFICER ,f. `� Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER �Q! ��� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer) . One copy will be returned to you in response to your request, or as an interim response. ---------------------------- SECTION I. TO: ]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. ) Signature of Applicant: ti Printed Name: Azz P, S. / Address: Mailing Address (if different from above) : Telephone Number: Date: [ 1 APPROVED RECEIVED [ 1 APPROVED WITH DELAY* [ ] DENIED* �r . n , MAY 2005 Elizabeth A. Neville pate Freedom of Information Officer Southold Town Clerk * If delayed or denied see reverse side for explanation. TINARI, O'CONNELL, OSBO,RN & KAUFMAN, LLP ATTORNEYS AT LAW Frank A. Tinari COURTHOUSE CORPORATE CENTER Patrick M.O'Connell 320 Carleton Avenue,Sure 6800 Thomas A.Osborn Central Islip,New York 11722 Of Counsel David M. Kaufman (631)342-8070 Patrick Henry (631)462-1060 Justice, N.Y.S Mary Kale Mullen Fax:(631)342.8350 Supreme Courl (Rel.) Angelina Daily 2 Coraci Boulevard, Suite 6 26 Court Street, Suite 1601 Office Administrator Shirley, New York 11967 Brooklyn, New York 11242 June 25, 2007 Honorable Gary J. Weber D E v Supreme Court, Suffolk County 01 Arthur M. Cromarty Court Complex JUL 1 7 20 J 210 Center Drive Riverhead,New York 11901-3310 soutnold Town Board of Trustees Re: Zupa v. Keitt, et. al. Dear Justice Weber: The following is proposed as the resolution to disputes involving the property known as 580 Basin Road, Southold,NY (the "Property"). The Zupas will do the following: 1. Convey to the Association the lot at the end of Basin Road shown on the attached survey dated June 6, 2007 "waterfront lot", which includes the recently constructed $6500 corner bulkhead. 2. Support the construction of a community dock on the waterfront lot to be approved by the DEC and the Southold Trustees. 3. Dredge the shoaled areas leading to the Basin which for the last few years have prevented navigation to and from the Basin. This has been largely accomplished recently by four days of dredging operations at a cost, to date, of $30,000. The plaintiffs, riparian owners on the Basin, and others have formed N.Y. not for profit incorporated association, the Paradise Point Basin Association, Inc., to assume this responsibility, and the responsibility of rebuilding the west jetty (the jetty on the opposite side of the Canal) which is in danger of complete collapse, at an estimated cost of$60-$80 thousand. 4. Release their claim of$90,000 for the cost incurred, to date, of repair on the deteriorated "deeded easement" area along the shoreline of the Canal and the Basin. Additionally, no claim will be made for the $200,000 already spent for the restoration of the shoreline along Southold Bay, which inures to the Association's benefit given its recent assertion of a "marina use," coupled with its de facto current use, of all of the Property. The Association and its members will do the following: Release all rights in what remains of the Property. Southold Town will do the following: 1. Agree that the waterfront lot may be created as a lot line change to Basin Road (already owned by the Association), and that it requires no further approval as a subdivision or otherwise. 2. Agree that what remains of the Property after conveyance of the waterfront lot may be developed as a residential lot without requirement for variance, and that no "marina use" exists thereon. The reasons for this adoption of this proposal are compelling. These include: 1. The Association obtains all its goals, i.e. a community dock, a turnaround and parking. As shown in the attached survey, the waterfront lot affords access to the Association's existing long dock (and more than 15 feet beyond to the west), as well as the opportunity to park and construct a turnaround on Basin Road which is 50 feet wide, and/or the waterfront lot. 2. The consent of the third party as landowners as required by the NYDEC regulations and the Southold Wetlands code for construction of a dock would no longer be an issue. 3. It eliminates further litigation as to the location and extent of the easements. Individuals in control of the Association have consistently asserted that virtually any use by plaintiffs of areas subject to easements is interference and that easements should be interpreted as the right to exclusive use and possession of those areas which is tantamount to a claim of ownership. So far this unprecedented interpretation of the limited property interest of an easement has resulted in the following claims of interference and judicial proceedings for contempt against plaintiffs: 2 • Attempting to obtain a building permit for a residence; • Attempting to obtain a trustee permit to re-bulkhead the property. • Attempting to obtain a trustee permit for a fence which did not interfere with access; • Re-bulkheading work along the shoreline done during the winter; • signs indicating that the property is privately owned and not open for public use; • signs that the Property is not open to the public as a turnaround; • walking their dog on the Property; • parking their cars when a new roof was being installed on their present house; • using our sailboat and kayak from the Property; • the existence of a 150 fence along the Property line which did not block any access; • their assertion that cars should not be left unattended for several days on the Property; • their assertion that the use of the Property for storage of material for work to be done on private property required our permission; • their assertion that any work done on the property be in accordance with NY DEC, Southold Trustee and building code regulations; • Additionally, an Association member filed false statements with the police that we had drilled a hole in his tire when he parked his car on the Property. Photos taken within minutes after he parked his car showed that he had parked it with the tire already flat; and • Attempting to prevent the public from use of the property. The order of the Honorable James Catterson affords to basis for these claims of interference. Justice Catterson's order affords access from the end of Basin Road to the east jetty. This easement to the jetty as shown from photographs is nothing more than a walking path, and it has been established that the sporadic use by vehicles was by the public or by consent. 3 Testimony at trial established that any use of the road by vehicles was by consent. The present claim of a turnaround," to which the Association to refers, is nothing more than a small circle, and it is physically impossible for trucks and large vehicles to turn around within it. The proposed turnaround on file in the Southold Planning Board by the developers of the 1963 subdivision was to be at the end of Basin Road. Rights to a public turnaround and the right to traverse a dirt road to the left of the main road are not necessary for access to the east jetty and were neither part of the order of Justice Catterson nor established at trial. The prescriptive easement that was established in a corporate entity was based on testimony by individuals who said they used the road for personal recreational purposes, which meant access to the jetty (the road led nowhere else). Further both the NY DEC and the Southold Trustees have mandated that this area, which both agencies have classified as wetlands not to be disturbed, be revegetated as shown in the attached survey. Certainly, if the owner is compelled by law to treat these areas as wetlands or as nondisturbance areas, an easement holder must do the same. The litigation complained of as frivolous by the Association has resulted from the successful assertion by the Association, with support from the Town, that its docks constitute a"marina use" and that plaintiffs could not build a residence on the Property. 4. It eliminates any further assertion by the ZBA that the easements on the Property support a"marina use" or some other unpermitted use so as to require the plaintiffs to obtain a variance. 5. It eliminates litigation as to the arbitrary and capricious conduct by the ZBA that a nonconforming "marina use" of the Property exists to preclude plaintiffs from obtaining a building permit, but no non nonconforming"marina use" of the Property exists to prevent the Association from rebuilding and relocating docks. 6. It eliminates further litigation of issues that arise from the condition imposed by the ZBA to the issuance of a building permit, that is, pending litigation to remove the"marina" as an illegal unpermitted use in a residential district. As a recent letter from the ZBA demonstrates, an application for a variance forces plaintiffs to agree with the Association as to its rights in the Property--- which according to the Association is far more extensive than was granted to them either by the deeded easement or by the prescriptive easement. Accordingly, the variance alternative is not a reasonable one as to the ZBA is asking plaintiffs to get a use variance for someone else's marina. 7. It eliminates further litigation of issues that that will arise from forcing plaintiffs to agree to the Association's expansive interpretation of its claimed rights in the Property. 4 8. It eliminates further litigation of issues that that will arise from opposition by adjacent landowners who will oppose a "marina" in a residential district. Riparian owners along the Basin have consistently objected to the establishment of a marina adjacent to their properties. 9. It eliminates further litigation of issues that will arise from the additional and unknown conditions that may be imposed by the ZBA to the issuance of a variance for the unpermitted "marina It is unknown what other conditions would be imposed by the ZBA on the use variance such as parking, turnarounds, and Planning Board approval. 10. The present easements in the Property result in extensive use by the public which is impossible to prevent given the fact that the easements are open to anyone's use. 11. The plaintiffs have no protection against exposure for liability that can result from the use of the jetty, unprotected bulkheads, and use of the Association's docks; this eliminates that exposure. While the Association has provided liability insurance for the previous owners it furnishes no such coverage to plaintiffs. 12. It accomplishes the intent of the Planning Board in setting off the 580 Basis Property as residential lot in 1981. 13. It eliminates any further litigation as to the Association's appropriate contribution for the costs of maintenance and other items that result that result from its claims that it has all the indicia of ownership and exclusive use of the easement areas without any of the burdens of ownership. 14. It provides the basis for harmony within the community which has an absent for the last five years, and the opportunity to fulfill its stated not for profit constitutional purpose of promoting sociability, friendship and good will in the community. 15. It eliminates litigation that may result from the written resolution and tacit agreement with the Association's grantors in the 1989 deed that the deeded easement, the conveyance of roads, and a sandy beach was to be the final resolution of property disputes. Documentary evidence establishes that the Association knew in 1989 that the plan of the owners of the Property, from whom the Zupas purchased it, was to grant the Association a deeded easement for access to docks so that the parcel could be sold as a residential lot. Coincidentally, the initial plan was to convey to the Association a parcel similar to what the Zupas now offer as a resolution without any easement, but the Town 5 Planning Board would not allow it and suggested instead an easement. Thus, the conveyance of the deeded easement was made. In return for this, the Association agreed that it would relinquish any other claim in the Property. As the attached survey shows, the original deeded easement conveyed to the Association has eroded substantially because of the Association's failure to maintain it. Access to repair either jetty has been from the water and not from land. This offer is made in good faith and is intended to resolve equitably all the differences existing between the parties. In furtherance thereof a settlement agreement is attached for consideration. -. espectfully, Patri � my PH/rm cc: Frank A. Isler, Esq. Smith, Finkelstein, Lundbert, Isler & Yakaboski 456 Grilling Avenue P.O. Box 389 Riverhead, New York 11901 James Spiess McNulty, Spiess, P.C. 214 Roanoke Avenue P.O. Box 757 Riverhead, New York 11901 Stephen R. Angel Anthony C. Pasca, of Counsel Esseks, Hefter & Angel, LLP 108 East Main Street P.O. Box 279 Riverhead, New York 11901 Eric Bressler, Esq, Main Road, P.O. Box 1424 Mattituck, New York 11952 6 4 SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI,LLP ATTORNEYS AND COUNSELORS AT LAW 456 GRIPPING AVENUE,CORNER OF LINCOLN STREET P.0. HOX 389 HOWARD M. FINKELSTEIN RIVERHEAD, N.Y. 11901-0 2 0 3 FRANCIS J.YAKAHOSKI PIERRE G.LUNDBERG FRANK A.ISLER (631) 727-4100 OF COUNSEL SUSAN ROPERS GRUN GAIN O.HETTS FAX (631) 727-4130 REGINALD C. SMITH JEANMARIE GUNDERSON 1926-1963 E-MAIL efliy®peconic.net PHIL SIEGEL JAYNE ST.JAMES July 14, 2005 Albert Krupski, President Southold Board of Trustees Town Hall P.O. Box 1179 Southold, New York 11971 / i Re: Zupa v. Paradi a of t Association, Inc. and Board of Trustees of th Town f Southold Index No. 04- 2180 Dear President Krupski: I last reported that Zupa had obtained a temporary restraining order against the Paradise Point Association mandating the relocation of its dock. Zupa has now served an order to show cause to hold the Association in contempt for failing to comply. A copy of the order to show cause and accompanying affidavit of Victor Zupa is provided. If you wish to have the additional substantial amount of papers that were attached, I will be happy to provide them. I will keep you advised. Veru1 / s, Frank Ao� . s1er FAI/cs Enclosure cc: Kieran Corcoran, Esq. — w/encl. E. Brownell Johnston, Esq. — w/encl. At an IAS Part of the kV Supreme Court held in and for the County of Suffolk at the Courthouse, ~ Riverhead,New York on the r4, day of July, 2005 PRESENT : a,+r1` HON. �7 ( F/A t ---------------------------------------------------------------------------X VICTOR J. ZUPA and MARY S. ZUPA, Index No. 04-22180 Plaintiff(s), - against- ORDER TO SHOW CAUSE PARADISE POINT ASSOCIATION, INC., BOARD OF TRUSTEES OF THE TOWN OF SOUTHOLD and THE STATE OF NEW YORK, Defendant(s). ---------------------------------------------------------------------------X THE PURPOSE OF THIS APPLICATION AND THE HEARING PROVIDED FOR IS TO PUNISH DEFENDANT PARADISE POINT ASSOCIATION, INC. FOR A CONTEMPT OF COURT AND THAT SUCH PUNISHMENT MAY CONSIST OF FINE OR IMPRISONMENT OR BOTH ACCORDING TO LAW WARNING: YOUR FAILING TO APPEAR IN COURT MAY RESULT IN YOUR IMMEDIATE ARREST AND IMPRISONMENT FOR CONTEMPT OF COURT Upon the annexed affidavit of Victor J. Zupa sworn to July 8, 2005, the Order of this Court dated June 29, 2005 and all the proceedings had herein and sufficient cause appearing therefrom, it is ORDERED that defendant Paradise Point Association, Inc. show cause before this Court Hon. Peter Fox Cohalan at the Courthouse, 235 Griffing Avenue, Riverhead,New York 11901 at "5 O, 9:30 a.m. or as soon thereafter as counsel can be heard on , 2005 why an order should not be made pursuant to Judiciary Law Section 753 punishing defendant Paradise Point Association, Inc. and its officers by fine or imprisonment or both for contempt of Court for the failure to comply with the provisions of the Order of this Court dated June 29, 2005 and granting such other and further relief to plaintiffs as is just and proper; and it is further ORDERED that service of a copy of this Order and the papers upon which it is based on McNulty-Spiess, P.C., attorneys for defendant Paradise Point Association, Inc., and Smith, Finkelstein, Lundberg, Isler and Yakaboski, attorneys for defendant Board of Trustees of the Town of Southold by personal delivery to their offices and on the Attorney General by overnight delivery on or before July / S , 2005 be deemed sufficient service. �JC ENTER JSC —i � r SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ---------------------------------------------------------------------------X VICTOR J. ZUPA and MARY S. ZUPA, Index No. 04-22I80 Plaintiff(s), AFFIDAVIT INSUPPORT - against - OF ORDER TO SHOW CAUSE PARADISE POINT ASSOCIATION, INC., BOARD OF TRUSTEES OF THE TOWN OF SOUTHOLD and THE STATE OF NEW YORK, Defendant(s). --------------------------------------------------------------------------X STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) VICTOR J. ZUPA, being duly sworn, deposes and says: 1. I am one of the Plaintiffs herein and make this affidavit in support of my motion for an order of contempt as a result of the Defendant Paradise Point Association, Inc.'s ("Defendant Association") failure to comply with the Court's Order dated June 29, 2005. I have knowledge of the facts stated herein. 2. On June 29, 2005 the Court issued an order to show cause"Order"in this matter containing a temporary restraining order. A copy of the Order and the papers upon which it was based is annexed hereto and incorporated herein as Exhibit A. 3. The Order was duly served in accordance with its terms on June 29, 2005. Copies of the affidavits of service are annexed hereto and incorporated herein as Exhibit B. 4. There has been absolutely no compliance with the Order and the Defendant Association has blatantly ignored the mandate of this Court. Boats have not been docked in the manner required and the dock extension remains in its original configuration. 5. I had hoped to be able to utilize the boat over the 41h of July holiday weekend (and thereafter) as a result of the Order. However, not only did the Association fail to comply with any part of the Order, it actually doubled up the boats being docked on my side of the dock, notwithstanding that room was available on the other side. The extension was not turned. Photographs evidencing the flouting of the Order are annexed hereto and incorporated herein as Exhibit C. 6. To date, no attempt has been made to turn the 40 foot extension at the large dock,though a contractor used by Defendant Association had brought its barge into the Basin on Friday July 1, 2005 to do work on another dock. Further, Defendant Association regularly turns the finger extensions manually and without the need of a contractor. 7. Members of Defendant Association have used the docks over the 4I' of July weekend, and to present, as if the Order of June 29`h had never been issued. Consequently, we have been unable to use our boats and have been impaired thereby. This conduct of Defendant Association has defeated, impaired, impeded, and prejudiced my rights and constitutes a civil contempt under Section 753 (A)(1)of the Judiciary Law as a disobedience of the Order. 8. No prior application for the relief sought herein has been made. WHEREFORE, your deponent respectfully requests that this Court enter an order: (i) finding Defendant Association and its officers in civil contempt for its disobedience of the Order and imposing sanctions as provided by law; (ii) granting such other, further and different relief as the Court may deem just, equitable and proper, together with the costs and disbursements of this motion. Dated: Mattituck, New York July 8, 2005 Victor J. Zupa Swornto before me this day of July, 2 05. Notary Public AW K BUNNING NOTARY PUBLIC,SLu of Nkw%* No.CISES039787 OualiMd in Suffolk CoudF ��� aw*wsslon E*m F"w y Mr. SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI,LLP ATTORNEYS AND COUNSELORS AT LAW 456 GRIPPING AVENUE,CORNER OF LINCOLN STREET P.O. BOX 389 HOWARD M. FINKELSTEIN RIVERHEAD, N.Y. 11901-0 2 0 3 FRANCIS J.YAKABOSKI PIERRE G.LUNDBERO OF COUNSEL FRANK A. ISLER (631) 727-4100 SUSAN ROGERS BRUN REGINALD C. SMITH GAIR G.BETTS FAX (631) 727-4130 1926-1983 JEANMARIE GUNDERSON E-MAIL sMy@peconic.net PHIL SIEGEL JAYNE ST.JAMES np rr' June 3 U IlP' D sgf Albert Krupski, President ,U�— I Southold Board of Trustees Town Hall Southold Town P.O. Box 1179 Board of Trustees Southold, New York 11971 Re: Zupa v. Paradise Point Association, Inc. and Board of Trustees of the Town of Southold Index No. 04-22180 Dear Al: The issue of the ownership and rights to the boat basin at Paradise Point is currently pending before the Court. In the interim, Mr. Zupa has served an order to show cause containing a temporary restraining order with respect to the Paradise Point Association's maintenance and use of docks and the basin. While this motion does not directly affect the Trustees, I provide you with a copy of the order to show cause for your information and records. If you wish to receive the full set of motion papers, which is approximately 3 inches thick, I will forward them to you. If you have any questions, please do not he it e to call.0/ V y trul yo ank A. Isler FAI/cs Enclosure cc: Kieran Corcoran, Esq. — w/encl. E. Brownell Johnston, Esq. —w/encl. rV S � • • At an IAS Part Zy of the Supreme Court held in and for the County of Suffolk at the Courthouse, 235 Griffing Avenue, River- head,New York on the Z°I day of June,, 2005 E C E U E D PRESENT : P HON.M= N Jai 1 2005 Southold Town ---------------------------------------------------------------------------X Board of Trustees VICTOR J. ZUPA and MARY S. ZUPA, Index No. 04-22180 Plaintiff(s), - against - ORDER TO SHOW CAUSE PARADISE POINT ASSOCIATION, INC., BOARD OF TRUSTEES OF THE TOWN OF SOUTHOLD and THE STATE OF NEW YORK, Defendant(s). ---------------------------------------------------------------------------X Upon reading and filing the affidavit of Victor J. Zupa, sworn to June 29, 2005, the affidavit of James Miller, Jr., sworn to June 27, 2005, the affidavit of Neal Fagin, sworn to June 27, 2005 and upon all the prior proceedings had herein and sufficient cause appearing therefrom, it is ORDERED that Defendants show cause before this Court, at the Courthouse, 235 Griffing Avenue, Riverhead, New York 11901 on the )Z-day of July, 2005 at 9:30 o'clock in the forenoon or as soon thereafter as counsel can be heard, before the - Honorable Peter Fox Cohalan, why an order should not be made pursuant to Civil Practice Law and Rules 6301 as follows: (a) Preliminarily enjoining Defendant Paradise Point Association, Inc. from maintaining in its current configuration the existing floating • dock approximately 40' long at the southern end of the eastern dock structure approximately 170' in length as shown on Exhibit 1' to the affidavit of Victor J. Zupa annexed hereto; (b) Preliminarily requiring that such existing floating dock as described above,be rotated by defendant Paradise Point Association, Inc. 90' such that the current southerly end is oriented to the west; (c) Preliminarily enjoining Defendant Paradise Point Association, Inc. from docking at such existing floating dock as reoriented, any vessel on the southerly side thereof; (d) Preliminarily requiring that any vessels docked at the Defendant Paradise Point Association, Inc. docks as shown on Exhibit )1 1 the affidavit of Victor J. Zupa be first docked at the shorter westerly existing dock, next at the westerly side of the longer easterly existing dock, and lastly to the easterly side of same; (e) Preliminarily requiring that the vessels with the widest beams be docked at Defendant Paradise Point Association,Inc. docks in the same order set forth in(d); and (f) Granting such other and further relief as is just and proper; and sufficient cause ase a pt is further ORDERED that pending theig of this motion, Defendant Paradise Point Association, Inc. be and the same hereby are temporarily restrained from and required to VAC do the following: (a) Restrained from maintaining in its current configuration the existing floating dock approximately 40' long at the southern end of the eastern dock structure approximately 170' in length as shown on Exhibit W to the affidavit of Victor J. Zupa annexed hereto; (b) Required to rotate 90' such 4dfloating dock such that the current southerly end is oriented to the west; ( e sou er y si a (d) Required to dock any vessels docked at the Defendant's docks as (/ C�f7 M 7M C shown on Exhibit Wto the affidavit of Victor J. Zupa first at the shorter westerly existing dock, next at the westerly side of the longer easterly existing dock, and lastly to the easterly side of same; and Required to dock Ps_ e wideqt bearas at r' f d -'' d 1- th m order t f .ah ' ORDERED that service of a copy of this Order and the papers upon which it is C based be served upon McNulty-Speiss, P.C., attorneys for Defendant Paradise Point Association, Inc., Smith, Finkelstein, Lundberg, Isler& Yakaboski, LLP, attorneys for Defendant Board of Trustee of the Town of Southold by personal delivery to their offices and upon the Attorney General of the State of New York by overnight mail on or before June_��2005 be deemed sufficient. ENTER �— GRANTED' JUN 2 9 2005 � Edward p RMSM Clark of Siba Coi* PATRICIA A. FINNEGAN pFFO( JOSHUA Y. HORTON TOWN ATTORNEY �0$ �CD Supervisor patricia.finnegan@town.southold.ny.us KIERAN M.CORCORAN C4 Town Hall, 53095 Route 25 P.O. Box 1179 ASSISTANT TOWN ATTORNEY y. Axi Southold, New York 11971-0959 kieran.corcoran@town.southold.ny.us Gy • �'F j � Telephone (631) 765-1939 LORI HULSE MONTEFUSCO Facsimile (631) 765-1823 ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OFSOUTHOLD REMINDER 5/13/05 June 25, 2004 Eric J. Bressler, Esq. Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road P.O. Box 1424 Mattituck, NY 11952 RE: Paradise Point Association, Inc. v. Zupa Index No. 02-22401 Dear Eric: I write in furtherance of my letter to you dated March 2, 2004, requesting that, pursuant to CPLR §2305(c), your office remit a check in the amount of $250.00 to the Town of Southold Board of Trustees for the cost of reproduction of documents in response to the Subpoena Duces Tecum issued by your office and served upon the Trustees in the above-referenced action. Despite initial assurance from your office that we would, we have received no payment. Considering the efforts this office made to ensure quick copying and delivery of those documents (I hand delivered the documents to your office), I do not understand the reason for non-payment. Your office also was not charged for the copying costs incurred by the other departments that responded to your subpoenas. Please be so kind as to call me to discuss this matter. Vurs,orcoran wn Attorney KMC/lk cc: Patricia A. Finnegan, Esq., Town Attorney E. Brownell Johnston, Esq., Assistant Town Attorney INTER-SCIENCE TRANSMITTAL TO: Albert J. Krupski, President Board of Town Trustees Southold Town Hall P.O. Box 1179 Southold, New York 11971-0959 FROM: James L. Walker Inter-Science Research Associates, Inc. Principal Planner 36 Nugent Street, P.O. Box 1201 Southampton,New York 11969-1201 (631)283-5958/(631)28 2 �p 19 SUBJECT: Paradise Point I2 U D JUL 2 0 2005 DATE: July 20, 2005 Southold Town Board of Trustees MESSA GE: Regarding the July 20,2005 Work Session,the following sketches have been provided and each are summarized herein, as follows: 1. Alternate I. Original dock alignment with in-place, in-kind repair and replacement. 2. AlternateIIA. Turn outer pier. Create L Dock with 4'x 1 2'section which would be increase to 6'x 12'and result in the outer pier being 52'total length. Retain wood dock, ramp and float. 3. AlternatellB. Turn outer pier. Create L-Dockwith 6'x20'section which would result in the outer pier being 69 total length. Provide mooring piles as shown to retain the existing number of boat slips. Remove wood dock, ramp and float. 4. Alternate 111. L-Dock is moved to middle fixed pier catwalk. Fingerpiers on both sides of dock. Three(3)xerox copies of the plans are provided with an additional set for your files. The original color AUTOCAD drawings will be presented at the work session. Should you have any questions regarding this transmittal or the enclosures in general,please do not hesitate to contact this office. Thank you for your prompt attention to this matter. Signed: James L. Walker, Principal Planner Es eks, Hefter and Angel Copy: Pakdise Point Association H:\Memos\Fort sM<iupskiTRANSMITTAL07202004.wpd 2005 �/ !� rn Boar;l of Trustees �GQA.S.P ��. / /j? �VLGaw�ruG Y/a �ri/2-i .PNj-�' �P✓�in��n/� IQo-ve 1z*-12 C,arc�S� SG/S�O 5G t✓(i��e �fTe�6�' ,�-ec/ Si.n� �elL�a.el,✓G T �//LA D�e � led �/l/TiNir✓� �1//O�G "s T-/1dYN �i'V�e/%�QQ/�l.S S J �F io Giro z/iT O /fie.t �,q���✓ /27A-> � � -- � l � 5�4�u�f�C �i�S �o"�"�q,d7� �� ���sPrz�TFi�ccc, �'a „�� — „� ' U su Maw w.r.a.TL,ixs N0i-low. .Ymm arse s.,e D,N.:nm Corm o...p w,danmi.wn.-mao im.0 o,u..rv.n.... e.- ♦ I CONSULT TOUR LAU"In O t aSSO SIONINO THIS INSTSYMINT•THIS INSTaUMSNT SHOULD at USSU ST LAWTIas ONLT � . .. 8 IHI9INDE-'k '! . I,the 23rd day of February ,nineteenhtmdredand eighty nine, f BETWEEN J. LANE CURRY, as to a 37% interest, residing at 13 North Street, Greenwich, Connecticut, 06830; and GILMAN HALLENBECK, as to a 32% interest, residing at Cove East, 115 Lake Shore Drive, N. Palm Beach, Florida, 33408; and GARRY SINNING, as to a 29% interest, re- siding at 200 Watchung Drive, Hawthorne, New Jersey, 07506; and PARADISE OF SOUTHOLD, INC. , as to a 2% interest, a domestic corpora- tion having its principal .office at (no #) Robinson Road, P. 0. Box 724, Southold, New York, 11971; as tenants in common and as their interests appear, party of the first part,and PARADISE POINT ASSOCIATION, INC. , a domestic Type A, Not-for-Profit Corporation, having its principal office at (no #) DI Robinson Road, P. 0. Box 243, Southold, New York, 11971, 1000 SECT. 1 'r �,� HE AI. F.4MTE 081.00 G' Ci FED 24 1$!- f BLOCK 03.00 party of the second part, TR ;R 1Fin SUI ,�V( LOTS WMESSETH,that the party of the first part,in consideration of C(,? - dollars, � Ten and no/ 9l1 _ _ _ _ - _ - 100 ($10.00) - - - fy,`s' paid ty}g;bBg.� lawful money of the United States, 29ooa by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second put forever, � �r� a PARCEL Is 100 V ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, 91/00 lyingandbeing at Bayview, near Southold, in the Town of Southold, County of Suffolk and State of New York, known and designated as Robinson n / D O Road, Basin Road, Briar Lane, Canal. Basin, and Drain heated he- tween . ots numbered„12.,and, 13,,,as shown on a certain map entitled, "Map o Section Paradise Point :at bayview,", :and filed in the 91600 Office of the Clerk of the County of Suffolk on April 11, 1963 as flo Map No, 3761; and including Robinson Road to its eastern terminus as shown on a certain map entitled, "Minor subdivision made for Paradise point Corporation, Paradise Point, New York,” Amended May. 11, 1981 by Roderick van Tuyl, P. ,C. , Licensed Land Surveyors, Greenport, .New York. .v TOGETHER with an easement over and across those lands immediately 1 �' adjoining the westerly side of 'Basin Road as shown an the aforesaid i` .l map entitled, "Map of Section One; Paradise Point at Bayview," and i/rJb�>U filed in the Office 'of the-Clerk of the County�of Suffolk on April 11, D 1989 1963 as Map No. 3761, said easement being more particularly bounded and described as followst BEGINNING at a point, which point is the southwesterly corner of Lot No. 4 as shown on the aforementioned filed map; RUNNING THENCE, South 30 degrees 06 minutes 40 seconds West along the westerly side of Basin Road, 51.65 feet, to land now or formerly of Maynard; THENCE along said land now or formerly of Maynard South 15 degrees 35 minutes 40 seconds West, 30 feet, more or less, to the Basin and Canal as shown on the aforementioned filed map; THENCE -'in a westerly, northwesterly and northerly direction along the Shore of said Basin and Canal as it winds and turns, 600 �I feet, more or less, to the ordinary high water mark of Town Harbor (also known as Southold Bay) ; THENCE in an easterly direction along the ordinary high water mark of Town 'Harbor (also known a3 South-, Bay) as 'it winds 'and turns, 25 feet, more or less, to a point mark- ed by the westerly end of a bulkhead; THENCE South 6 degrees OO min- utes Wdst, '75.00 'teat; T14ENCE South 6 'degrees 00 minutes East, 85.00 feet; THENCE South 65 degrees 00 minutes East, 200.00 feet; THENCE North 59 degrees '30 minutes East, 123,00 feet to land now or former- ly of Curcurul THENCE along said land now or formerly of Curcuru South 74 degrees 24 minutes 20 seconds East, 76,49 feet to the point or place of BEGINNING, and as such easement is shown on a certain map entitled, "Map of Property at Paradise Point, Southold, N. Y. ," r� Revised August 9, 1988 by Roderick Vane Tuyl,- P.1 C. ,,,Licensed Land Surveyors, Greenport, New York; said easement to be used by the I 10804 PE556 party of the second part for free and unobstructed access to the Basin and Canal as shown on the aforesaid filed map; for the con- struction and maintenance of bulkheads, cribs,'jetties, docks, etc, . as may be deemed appropriate by the party of the second part;( for the installation and maintenance of a fresh water well or wells; and for such other purpose or purposes as are .consistent with the Constitution of the party of the' second part. including, bµt not limited to: Providing for the care and mainteWahce'of'the Beaches, Waters, Bulkheads; Roads, Club Houses, Builditlgs' oiC other structures, and other Recreation Facilities; supervising recreation, epnrra, boating, bathing, etc. ; perpetuating the standard and tone of the community; promoting health, welfare, morals, pleasures, recreation, indoor and outdoor games, etc, ; and promoting sociability and good fellowship for the* members of the corporation. TOGETHER with all they rig4it',E'title"and' interest"of- the party of the first part in and to lands lying under the high water mark of Town Harbor (also known as Southold Bay) including any and all jetties protruding into said Town Harbor (also known as Southold Bay) . PARCEL IL ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Bay- view, near Southold, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows; BEGINNING at a point, which point is the northerly corner of Lot No. 12 as shown on a certain map entitled, "Map of Section One, 'paradise point at Bayview," and filed in the Office of the Clerk of the County of Suffolk on April 1,1, 1963 as Map No. 3761; RUNNING THENCE North 38 degrees 31. minutes 40 seconds West along land now or formerly of Griffo, 100.00 feet to, land now or formerly of Curry; THENCE along. said land now or formerly of Curry, North 4 degrees 30 minutes East, 610 feet, more or less, to the ordinary. high water mark of Town Harbor. (also known as Southold Bay) ; THENCE in an east- erly direction along the ordinary high water mark of Town Harbor (also known as Southold Bay); as it winds and turns, 75 feet, more or .Less, to a certain Canal as shown on the aforementibned filed map; THENCE in a southeasterly direction along the Canal as it winds and turns, 350 feet, more or less, to the northerly line of Lot No. 17 as shown on a certain map entitled, "Minor Subdivision made for , Paradise Point Corporation, Paradise Point, New York," Amended May 11, 1981 by Roderick Van Tuyl, P. C. ; THENCE along said Lot No. 17 the following three courses and distances; 1) North 85 degrees 30 minutes West, 90.00 feet; 2) South 4 degrees 30 minutes West, 325.00 feet; 3) South 38 degrees 31 minutes 40 seconds East, 82.98 feet to Briar Lane as shown on the aforementioned filed map; THENCE along said Briar Lane South 14 degrees 56 minutes 30 seconds West, la.67 feet to the point or place of BEGINNING. _ TOGETHER with all the right,, title and interest of the party of the first part in and to lands lying under the high water mark of Town Harbor (also known as Southold Bay) , including any and all jetties protruding into said Town Harbor (also known as Southold Bay) . THIS CONVEYANCE is made in the usual and regular course of business actually conducted by the party of the first part, PARADISE OF SOUTHOLD, INC. - 1.UUu-1 160W TOGETHER with all right, title and interest, if any,of the party of the first part in and to any streets and n roads abutting the above described premises to the center lines thereof, !V TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to \' aid premises, ' TO HAVE AND TO HOLD the remises herein granted unto the p gra party of the second part, the heirs or successors and assigns of the party of the second part forever. D 1 c C f 1 1 Ill ,I. .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. , AND the party of the first part, in compliance with.Seetion_l'3 of Ihe,)!,ien LW,.cpvenants that the.party,of the first part will receive the consideration for this conveyance'and will hold the right to receive such mniid- ention as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same 'first to the payment of the cost of the improvement before using any part of the total of the same for MY other purpose. The wont"party'; shall be construed as if it read"parties" whenever thc�sense of this indenture so requires. IN WITNESS LA WHEREOF,the'palty of the first part has duly Executed this deed the day and year first above n writtet _. . . ... _ . IN PEE9ENCL or: NE CURR); t V I'.11"�r.J;Qr maii Hallenbe Chgric}f C ray • 7 — ""'' '• Attorney •n-Fact' NO tARY PUpE TE OF FLORIDAPARADISE OF SOUTHO .D, INC. ' MYCOMM71ON EXPIRES DEC. ,199t — — by— Gar Sinning U o n Si ning President S E A L r FLORIDA 10804 PL558 JERSEY STATE OP)WMD =COUNTY OF PALM BEACH SL STATE OF NEW VDM COUNTY OF SS: On the 14th day of February, 19 89,before me On the .-Us'/day of l9 1 y, before me personally y�came �.� GIL,MMAANJ(�HALLENBECK personally came GARRY SINNING 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 he executed the Same. he executed the same. ., Rotar Public Notary Public NOTARY PUBLIC.STATE OF FLORIDA MY COMMISSION EXPIRES DEC.PI,1991 L. 6aNwsesX STATE OF NEW YORII.COUNTY OP SUFFOLK $it STATE OP•11IW�ORII.COUNTY OP'_'�Rw.�Itla , On the Q3rd day of Februa r, N 19�,before me On thee bl'-', 0` day of CbruaYy 19gq , IxfSre' ' personally came John D. S ning personally came Chancy Curry to me known,who,being by me duly Sworn, did depose and Ilto me (mown t0 be the person desr__' say that he rcsidcs at (no #) Robinson Road, ed and appointed attorney in fact it Box 724, Southold, New York, 11971 that he is the President and by a certain power of attorne r of PARADISE OF SOUTHOLD, INC, executed by J. LANE CURRY, dated Mz- ,the corporation described 29, 1987, to be recorded in the Of- in and which executed the foregoing instrument; that he fiee of the Clerk- of the County of knows the seal of said corporation; that the seal affixed Suffolk simultaneously with the fore- to said instrument is such corporate seal; that it was to going instrument and acknowledged to' affixed by order of the board of directors of said corpora- me that she had executed the forego-- tion, and that he si his name thereto by like order. ing instrument as # e act of the sa'i ' -J:-LANE-CURRY.—CURRY_.N - -�� — npRNLpPtBSRbbi"Now Ywk Na. 52.A661406 otary PubY j.c OWIRed M SYHalk Cawryryry C .Iuian Eapba Doc SI, 19DT Bargain alma Sate herb WITH COVENANT AGAINST GRANTORS Am SECTION 081.00 'TITLE NO. RLOCR 01.00 LOT 005.000, 014.000, ppjc CURRY, ET AL. 015.000, p/o 016.000 COUNTY OR TOWN 1000 TO Recorded as Regaat of PARADISE POINT ASSOCIATION, INC. CHICAGO TITLE INSURANCE COMPAT"t SIANSW FIRM M AMR 11111 IIMI If I=IMUMInU Rarum by Mall m Distributed by EDWARD JOHN BOYD V, ESQ. 433aNCa►00'i'IR'Li ■N60BANC6 COIN PANY 54655 MAIN ROAD, P. 0. BO% e SOUTHOLD', NEW YORK xln No. 11-If U_ 0 O ID Z n 0 O O _ it W .11ti:�u:i A I1!d!(IS r9 � ail Yal IU :,• `o f 11]SN;'A': 3LU�181' 7 � 68r NJ Bz I hZfl3j f 08-03-05 21 :22 JOHN5TONI&W OFFICE ID=1107345891 P- 61 SMITH, FINNELSTEIN, LUND"Ro.ISLER AND YAN,BOSxI,LLP ArTORNEIg AND COUNSELORS AT LAW 456 ORIFF'NO AVENUE.CORNER Og LImcGLN STREET HOWp-O. DOX 389 PIER R. ELSTE]N RIVERREAZ, .V.Y• 11001-0 2 0 0 tERRE O.LVND6ER0 FRd\'OIS d.1L�HAH05gt PRANK A.ISLER (631) 727-4100 OF corxSHL SUSAN ROGERS ORQN _ OAIR O.HHrTS FAX (631) 727-4130 NEGISALD c.SMITH JEANMANIE GUNDERSON ^� E-MAIL W26,,x aHIL SIEOEL L elliy®l wanic.net JAYNE ST.JAMES August 2, 2005 Kieran Corcoran, Esq. Assistant Town Attorney 54375 Route 25, P.O. Box 1179 Southold, New York 11971 Incand;ardnofTrustees fE. Brownell Johnston, Esq. �Richmond Creek Farm 2005 }�'4001 Wells Road Peconic, NY 11958-1738 wnteesRe: Zupa u. Paradise Point Association of Trustees of the Town of Southold Index No. 04-22-180 Gentlemen: At a Court hearing held yesterday afternoon, the Court modified the existing Temporary Restraining Order by deleting the requirement that the dock= be reconfigured. The Court, however, left in place the prohibition against using two of the slips facing the Zupa dock. If you have any questions, please do not hesitate to call. Very truly yours, Frank A. Isler FA"c Dictated but not read SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI,LLP ATTORNEYS AND COUNSELORS AT LAW 456 GRIFFING AVENUE,CORNER OF LINCOLN STREET P.O. BOX 369 HOWARD M. FINKELSTEIN RIVERHEAD, N.Y. 119 01-0 2 0 3 FRANCIS J.YAKABOSKI PIERRE G.LUNDBERG OF COUNSEL FRANK A.ISLER (631) 727-4100 SUSAN ROGERS GRUN REGINALD C. SMITH LAIR G.BETTS FAX (631) 727-4130 1926-1983 JEANMARIE GUNDERSON E-MAIL aMy0p.c..k.net PHIL SIEGEL JAYNE ST.JAMES July 14, 2005 Albert Krupski, President Southold Board of Trustees Town Hall P.O. Box 1179 Southold, New York 11971 Re: Zupa v. Paradise Point Association, Inc. and Board of Trustees of the Town of Southold Index No. 04-22180 Dear President Krupski: I last reported that Zupa had obtained a temporary restraining order against the Paradise Point Association mandating the relocation of its dock. Zupa has now served an order to show cause to hold the Association in contempt for failing to comply. A copy of the order to show cause and accompanying affidavit of Victor Zupa is provided. If you wish to have the additional substantial amount of papers that were attached, I will be happy to provide them. I will keep you advised. Ak rul�' Ye A. Isler saalsng to Fog FAI/cs UM01 PINJIFIGS Enclosure cc: Kieran Corcoran, Esq. — w/encl. 5ooz 5 l i n r E. Brownell Johnston, Esq. — w/encl. O n 11/17/2006 11:57 6317656119 VICTOR ZUPA PAGE 01 4565 Paradise Point Road Southold,NY 11971 . Telephone 631 765E712 Facsimile 631765-6119 Attomey E-mail vzupa@optonline.net Fmax To: Hon.Jim King,Pres. Board of Trustees From: Vic Zupa Fax: - Pages: 9 with cover Phone: Date: November 17,2006 Re: CC: This transmission contains information that is confidential and/or legally privileged.It is intended for use roily by the person to whom it is directed.If you have received this telecopy in error,please notify us by telephone immediately so that we can arrange for the return of the documents to us at no cost to vou.If you do not receive all of the pages indicated,please call 631 765-6112. 11/17/2006 11:57 6317656119 VICTOR ZUPA PAGE 02 VICTOR J. ZUPA ATTORNEY AT LAW "V 1 ,' 2006 4565 PARADISE POINT ROAD SOUTHOLD,NEW YORK 11971 E-MAIL vzupa(etrloptonline.net TELEPHONE(631)7656112 ADMITTED:NY,CT,DC,MD FACSIMILE (631)7656119 VIA FACSIMILE November 17,2006 Peter A. Scully,Regional Director 50 Circle Road Stony Brook,NY 11790-3409 Re: Application ID 1-4738-00706/00023 for permit for docks extendine from land owned by Mary Zu 1p Dear Mr. Scully: As previously mentioned, the DEC through its regulations, provisions,and application form for a wetlands permit,requires the consent of the owner, Mary Zupa before a permit may issue. Since the Southold ZBA has ruled that Mary must remove the Association's docks before she can use her property, i.e. obtain a building permit,we not only request that the DEC deny the Association's application, but also request the complete removal of all Association docks. As is stated by the DEC: The Commissioner's authority under ECL §71-2305(1)to "...direct the violator...to restore the affected tidal wetland or area immediately adjacent thereto to its condition prior to the violation..."provides explicit authority for the Department to require removal of the illegal structure. The Association has been telling its members that the DEC will not require the docks to be removed, that pending violations will be resolved at the upcoming compliance conference with a small fine,and that the DEC will issue a new permit for its docks. This view is expressed in the attached Association memo which was in response to the attached letter sent by Mr. Samuels to Association members. As indicated by Mr. Samuels,we had retained separate counsel (Mr. Tohill)in an attempt to settle with the Association. The settlement which is described in the attached letter to Mr. Tohill, would grant to the Association a parcel of land from which its docks could extend. This proposal has been endorsed by the Southold Town Supervisor and by the Town Trustees. Inexplicably,the Association has rejected this. Sincerely, 11/17/2006 11:57 6317656119 VICTOR ZUPA PAGE 03 Cc: Southold Town Supervisor President, Southold Board of Trustees 11/17/2006 11:57 6317656119 VICTOR ZUPA PAGE 04 Paradise Point Association,Inc. c%Patrice Keitt 320 East 57`h Street New York,New York 10022 November 5,2006 Dear Members: Recently,you received a letter from Mr. Tom Samuels purporting to inform you of certain Association matters. Since most if not all of his assertions are false or misleading and since he makes unfounded and malicious accusations against the officers and directors of the Association,I felt it was important to correct the many misstatements in Mr. Samuels'letter. In addition,Mr. Samuels fails to point out the consistent and unambiguous legal success the Association has had in protecting its property rights against the Zupas' many spurious attacks. These successes were set forth in written detail at the Association's annual meeting in July. First,Mr. Samuels makes the statement that a small group of the Association is not disseminating all the facts to property owners. This is simply untrue. It is unfortunate that Mr. Samuels makes such an accusation as be is not,,nor has he ever been,privy to any of the information disseminated by the Association. In fact,over the last several years the Association has had regular annual as well as several special meetings per year with all required notices and proxy forms sent to all members. At those meetings, detailed updates,written and oral,were provided to all members in attendance. Minutes of the meetings are distributed to all members. In addition the board sends out periodic updates throughout the year. Let me reiterate the offer I have made countless times at meetings,and in individual phone calls,emails and updates. All Board members are ready,willing and able to respond to any questions or requests for information by any member. There have been an isolated few members who continually complain about the lack of information. However,in each can,these members have been contacted and have refused to even return calls or acknowledge emails and letters to address their concerns. Second,the fact that one court has made a finding that the town owns the basin in no way affects the rights of the Association to maintain its docks,easements or jetty and grants no rights to the Zupas. For that reason,we have thus far chosen not to challenge this finding even though the Association has been paying taxes on the basin for decades. Thud,Mr:Samuels.states.tbat,the Association docks are illegal and no permits exist, when in fact the Trustees issued a permit for the.docks in December,2005 As usual,the Zupas Sled a lawsuit against the Trustees and the Association challenging that permit, and that lawsuit was dismissed by the Supreme Court on October 11,2006. I have 11/17/2006 11:57 6317656119 VICTOR ZUPA PAGE 05 r attached a copy of that decision for your information as the Court provides a succinct summary of the Association's efforts to cooperate with the Trustees'requirements for the docks and the Zupas'repeated attempts to thwart such efforts. In addition,contrary to Mr. Samuels'assertions,the ZBA,the Supreme Court and the Appellate Division all have determined that the docks are a pre-existing non-conforming use. A written summary of the first two decisions was provided to the membership at the July,2006 annual meeting.The Appellate Division's decision was rendered immediately after the annual meeting. Assertions by Mr. Samuels,the Zupas and their other agents that the docks are not a pre- existing non-conforming use are entirely without merit.The repetition of misleading statements does not make them true.The Zupas have failed in every attempt to prevail on this issue as it has been conclusively settled in favor of the Association by the Appellate Division. Fourth,Mr.Samuels claims that the hearing date for a summons issued by the Trustees has been"postponed indefinitely". This is also untrue. In fact,the hearing on the violation issued to the Association has been set for December. In the interim,the Association has removed the dilapidated dock as an act of good faith. However,because a final determination of any necessary action is subject to the hearing before the justice court,the Association has not yet removed or altered the non derelict dock. The Association is merely following the process outlined in the summons which allows for a hearing. The Association has,at all times,acted in accordance with all legal and regulatory requirements,while protecting the interests of the members. FFifth,notwithstanding the Association's pending application before the DEC for a permit o reconfigure the docks according to the Trustees' permit,the DEC issued a violation against the existing docks. We are advised that this is an unusual procedure by the DEC. In addition,we are aware of communications by Mr.Samuels,the Zupas and their other �( agents with the DEC concerning the docks. ✓` In accordance with the notice of violation,the Association promptly requested a compliance conference date,which the DEC has set for January 4,2007. Fines,if any, are subject to the outcome of this meeting. We are confident that we will be able to accommodate the DEC's concerns while protecting the long standing interests of the Association in the docks. We anticipate that the compliance conference will resolve all issues and allow the Association to go forward with the reconfigured docks permitted by t the Trustees. L—Sixth,although Mr. Samuels refers to a settlement offer by the Zupas,such an offer has never been formally presented to the Association.However,if we understand the proposal that Mr. Samuels sets forth in his letter,it could hardly be characterized as a good faith offer that would be fair to the Association In essence,Mr. Samuels suggests that in exchange for title to a small parcel of land,over which the Association likely already has use through its affirmod.easements,the Association should transfer to the 11/17/2006 11:57 6317656119 VICTOR ZUPA PAGE 06 Zupas two very valuable easements,and therefore access to the Association owned jetty, all of which have been affirmed by the courts with no further right of appeal,at a significant cost to the Association. Apparently,the Zupas and Mr. Samuels believe that this is an offer we should accept or be threatened with continuing litigation. Obviously,Mr. Samuels is unaware of the previous settlement offer made by the Association several years ago which would have allowed the Zupas to build their house while guaranteeing the Association members continued access to the docks,the basin,the tumaround and the jetty. That offer was rejected out of hand by the Zupas when made so long ago. The Association remains willing to discuss a reasonable and good faith settlement that is fair to both the Zupas and the Association. As always,feel free to contact me or any board member if you have any questions about these or any other issues affecting the Association. ; �Y Yo! Y Pgtrice Keitt,President Paradise Point Association,Inc. 11/17/2006 11:57 6317656119 VICTOR ZUPA PAGE 07 JAM N. MAMBO, INC. 229 BISHOP'S LANE October 12,2006 SOUTHAMPMN,N.Y.11968 PHONE:(631)283.1254 (631)7345858 Mr. and Mrs.John Sinning FAX:(631)283.7018 4655 Paradise Point Rd Southold,NY 11971 Dear Mr. and Mrs.Sinning, I am writing to you as an acquaintance and friend. Since becoming involved with the replacement of the bulkhead at the property owned by Mary Zupa,I have become increasingly distressed by the ongoing adversity between the Paradise Point Association and the Zupas. As an owner of Paradise Point property,you should be aware of the facts that affect the value and liquidity of your property. It has become apparent that a small group controlling the Association are not disseminating all of the facts to all of the property owners. First,you should be aware that the courts have made a determination that the Basin is not owned by the Association,but rather is owned by the Town Trustees under the Andros Patent. Second,the Association dock structures in the Basin are illegal. No permits for any dock structures exist. The NYSDEC and the Town Trustees have the evidence giving them the power to order the removal of the docks. This evidence proves that the docks are not 'pre-existing non-conforming'structures. Third,a violation issued by the Bay Constable on order of the Southold Board of Town Trustees requires that,at a minimum, the two smaller docks be removed. To date,only the remains of the derelict dock has been removed. The Associations marine contractor has been instructed to leave all else in place. The appearance date for the summons has been'postponed indefinitely'. Additional violations will follow if compliance is not achieved. Fourth,the NYSDEC has issued a Notice of Violation to the Association that cites 9 violations with a potential for fines to accrue at the rate of$10,000.00 per day. The Association has been given 30 days to remedy the violations (i.e. removal of all dock structures). 11/17/2006 11:57 6317656119 VICTOR ZUPA PAGE 08 Fifth, the Zupas have made a good-faith settlement offer to the Association that has been rejected out of hand. The offer provides for the transfer of a 75'x 75'area at the terminus of Basin Road that would provide fee-title ownership of real property with frontage on the Basin and area for the long sought after'turn-around'. Ownership of the land would enable the Association to make an application for a dock,independent of any third party. In exchange, the Association would relinquish all rights to the deeded easement and the prescriptive easement. Of course, this offer assumes the issuance of a Building Permit to Mary Zupa by the Town. Failing this opportunity,the Association is looking at years of protracted litigation,including the collection of over$90,000.o0 for bulkheading and restoration of the Association's deeded easement area. As long as this situation is allowed to continue,the value and marketability of your property is adversely affected. Town officials are at a loss to understand the Association's rejection of this offer. I strongly urge you to consider these facts. The Association's Officers and Board of Directors have a fiduciary responsibility to it's members. You need to consider whether or not your interest is being fairly represented. I urge you to speak out,question your officers and directors. S' erely, Thomas E.Samuels 11/17/2006 11:57 6317656119 VICTOR ZUPA PAGE 09 VICTOR J. ZUPA ATTORNEY AT LAW 4565 PARADISE POINT ROAD SOUTHOLD,NEW YORK U971 " E-MAIL vzupaGiout�online.net TELEPHONE(631)7654112 ADMITTED:NY,CT,DC,bM FACSIMME (631)76"119 VIA FACSIMILE March 27, 2006 Anthony B. Tohill, P.C. 12 First Street, P.O. Box 1330 Riverhead, New York 11901 Dear Tony: Mary has offered the Association two options: Option One: Mary constructs a 50 fogt wide turnaround and a parking area at the terminus of, and on, Basin Road. Since this eliminates any purported need of a turnaround on Mary's property, she would receive a declaration, in recordable form, terminating any claim of a prescriptive easement on her property. Option Two: Mary conveys a 75x75 tract of her lot beginning at the terminus of Basin Road. This tract is identified on a survey provided to you, and with the exception of one course, is described by metes and bounds. This provides access to the Basin, and is suitable for development by the Association as a turnaround and parking area. Since this eliminates any purported need of a turnaround on Marys property, and provides access to the Basin over Association-owned land, she would receive a declaration, in recordable form, terminating all easements on her property. Option Two was made with great reluctance, and as a best and final offer, only if Option One was rejected. It also assumed that the scenario you described to me would occur, i.e. that the Court would "so order"the grant of a building permit on what would now be a substandard lot, and that no further administrative approval by the Town would be required. Acceptance of either option assumes withdrawal of all opposition to a house by the Association and its members. The existence of the fence then becomes moot, and the sign, which identifies the 75x75 tract as Mary's property, would be removed. Please confirm that your letter dated March 23, 2006 indicates that both options have been rejected by the Association. Should this be so, Mary and I are unclear as to what remains to be discussed. ` Sincerely, i�� LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 ERIC J. BRESSLER MATTITUCK, LONG ISLAND WILLIAM WICKHAM 106-021 ABIGAIL A.WICKHAM NEW YORK 11952 LYNNE M.GORDON MELVILLE OFFICE JAN FT GFASA 631-298-8353 275 BROAD HOLLOW ROAD TELEFAX NO. 631-298-8565 SUITE III MELVILLE, NEW YORK 11747 wwblaw@aol.com 631-249-9480 TELEFAX NO. 631-249-9484 September 1,2005 Albert Krupski, President acid Members of the Board of Trustees of the Town of Southold - ^ 2005 L=J` 53095 Main Road Southold, New York 11971 ,n RE: Application of Paradise Point Ladies and Gentlemen: We write on behalf of Victor Zupa and Mary Zupa and in response to the letter of Esseks, Hefter& Angel, dated August 26, 2005 ("Letter"). We object to the Letter being made part of the record and ask that it be rejected. The hearing on August 24, 2005 was closed with no leave granted for supplemental submissions. Accordingly, any submission thereafter, including the Letter, is improper and should be disregarded. As a matter of substance, the Letter mischaracterizes my remarks. The ill-conceived determination of the Zoning Board of Appeals and the equally learned determination of the Supreme Court is the subject of an appeal before the Appellate Division. This Annea'. has been perfected. Mr. Angel neglected to fully inform the Board as to the procedural status of the matter. As the matter is on appeal, it is subject to reversal or modification, and is not, therefore, final beyond "appeal or writ of error". Blacks Law Dictionarv. Nothing asserted by the Letter changes in any respect or contradicts this position. Very truly yours, i Eric . sler EJB/fr Aug-24-05 01:57pm From-Kinkos rcy Park 6466020075 . T-569 P.002/002 F-554 24 Gramercy Park South New York,New York 10003 (212) 254-5440 August 23,2005 saaasnil;o P--tO� uMo1 PI�'i100S Town of Southold Board of Town Trustees 54375 Route 25 Southold,New York 11971 Attn: Albert J. Krupski, Jr.,President, James F. King—Vice Presid }C►I 1 �'� Peggy A. Dickerson,Kenneth D.Poliwoda,Arthur P.Foster Re: Paradise Point Association, Inc_ - SCTNI# 1000-81-1-16.10 Dear Board: In connection with Paradise Point Association's ("PPA") pending dock permit application (the "PPA Application's for which a hearing is scheduled for 'Wednesday, August 24,2005, we write as owners of basin-front residential property contig us to the basin. We have leamed that the Inter-Science mapping charts recently submitted by PPA to the Trustees illustrating PPA-proposed dock arrangements include a prominent legend "File: Kolyer, Andrea— Paradise Point" for one or more "proposed dock plans." Such legend is a new change from similar maps submitted by PPA in Spring 2005. Please note that no PPA mapping material submitted to the Trustees for the PPA Application has been authorized or approved by the Kolyers. Steve and Andrea Kolyer disclaim any representation, express or implied, as to the accuracy or viability of matters referenced in the PPA mapping materials. PPA's Application process in general has not involved the Kolyers. What limited information we have raises questions about the mapping charts and leaves us with an insufficient basis for us to have an informed view about them. Very truly yours, Steven and Andrea Kolyd& .tea • • ' + DONNA MORTIMER & THOAMS DEAN August 22, 2005 Town of Southold lr nBoard of Town Trustee's 54375 Route 25 !I Southold,NY 11971 A'w 2 Cuv1 -_J Attention: Alert J. Krupski Jr.,President Re: Paradise Point Association proposed dock re-configuration Dear Mr. Krupski: I love Paradise Point; I get along with nearly all of the Paradise Point Association (PPA) members, and would like nothing more then to resolve these issues. The current dock location and configuration is roughly the same as it was when I purchased my home, (possibly now extending further into the basin) but I accepted it as an existing condition. I need you to know how I feel about the proposed dock re-configuration. I am vehemently opposed to it!As a member in good standing in the PPA I was greatly disappointed that the PPA Board of Directors did not request any input from me and did not present the dock re- configuration alternatives to the PPA members for review and comment prior to submitting these proposals to the Southold Board of Town Trustee members. The first time I saw the proposed dock re-configuration was at last months Trustee meeting, which again the PPA Board of Directors did not notify me about The only reason I attended last month's Trustee meeting was the result of a casual meeting with Bob Scalia. At that time Bob explained to me results of the previous Trustee meetings and the Trustee's request for additional alternatives, he then showed me the different proposals and indicated that Alternative III was the one the PPA Board of Directors thought had the best opportunity to get approved. At that time I informed Bob that I did not like the design, it extends too far into the basin, the return is too long and blocks the canal entrance. I feel strongly that the center of the basin and the entrance to the canal should be unobstructed. Please do not approve this per! I am extremely grateful that one of the Trustee's suggested staking the dock. From the plan I could not see how this dock configuration would affect me. As a landowner on the basin my only water view is of the basin itself. The PPA members with boats on the existing docks have unobstructed water views of the bay from their respective homes. Since the proposed dock was staked I can now see that this dock would severely impede my water view. I have beautiful views of the basin, the landscape, and foliage in and around the basin and out into to the bay that would all be lost. Should you approve the proposed plan, the result would be the almost complete loss of my basin view. I would be left looking at the broad side of at least one, possibly two forty-foot boats The loss in property value is unimaginable. Please return the PPA Board of Directors to the drawing board, have J —2— August 22,2005 them come up with a dock configuration that does not adversely affect the basin landowners. Please do not turn the PPA members dock problem into my problem. I would prefer that the docks remain in their existing location, possibly shortened, as to not extend so far into the center of the basin. If it is true that the founding members of the PPA wanted a dock for the members of that time period not located on the basin, I guess there should be one today. At the time the founding members installed the first docks, they probably handled only three to five boats. Maybe we should go back to that original configuration and limit the number and size of boats that can dock there. It is time for the PPA Board of Directors to seek an alternative location for some of these boats. The PPA should discuss the possibility of a smaller dock allowing loading and unloading of passengers and supplies and then have their boats moored in the bay at each respective property. I want to thank you for the effort you have already put into this process and for listening to my concerns. I look forward to seeing you at this Wednesday's meeting. Sincerely, aw*41jQ, Donna Mortimer 3895 PARADISE POINT ROAD • SOUTHOLD, N.Y. • 11971 PHONE/FAX: (631) 765-6991 P.Ot lox 1468 o�S Id,NY 11981 IIJJ a Augu t 22, 2005 Board of Trustees Town of Southold P.O. Box 1179 Bard of Trustees Southold,NY 11971 Re: Paradise Point Association SCTM91000- 81 - 1 - 16.10 Greetings: I and my father before me have kept our boats at the Paradise Point boat basin for the better part of fifty years. During that time there have been many changes in the size and configuration of the several docks maintained by both Paradise Point Association, Inc., and the individuals who own land abutting the boat basin. These changes have been gradual in nature and previously have always been with the agreement of all involved. It is with this background that I view with grave concern a plan presented to you under the heading"Proposed Dock Plan -Alternative III." Initially, it must be recognized that this Plan is misleading in that it totally ignores the physical space occupied by the many boats already docked or to be docked in the boat basin and thereby creates the impression that there is much more room for maneuvering than actually exists. This omission becomes particularly important with regard to a dock which has been established on the western edge of the basin (n/f Land of Dempsey)and the proposed relocation of the Association's dock to include a 60 foot finger pier pointing to the West. Through this relocation and expansion of the Association's dock, and the intention to dock at least two boats on the southerly side of the 60 foot finger pier(one boat perhaps as large as 40 feet with an approximate 13 foot beam),the space to enter and exit the boat basin will become severely narrowed and will create a potential hazard for all who use the basin. Before making any determination on the Association's application, I urge the Trustees to require a revised plan showing the physical space to be occupied by docked boats (much like the "building envelope"drawings with which we are all familiar) so that you can see for yourselves the very limited space that will be available for entering and exiting the basin if the plan were to go ahead as presented. I am certain that you will then agree to scale back the length of the 60 foot finger pier and to place a limitation on the sizes of the boats docked there so as to assure continued unimpeded and safe ingress and egress to the boat basin. As you know, not all boat operators are blessed with exceptional skill. When coupled with a strong northerly wind blowing directly through the canal and into the boat basin, the unwarranted expansion of the Association's dock into what has been traditionally a"fairway" area is nothing more than a plan for disaster. Thanking you for your attention to these observations, I am, ry t my yours, Edward J. Boyd p E VICTOR J. ZUPA JUN - 1 2005 ATTORNEY AT LAW 4565 PARADISE POINT ROAD Southold Town SOUTHOLD,NEW YORK 11971 Board of Trustees E-MAIL vzupanoptonhne.net TELEPHONE(631)765-6112 FACSIMILE (631)765-6119 June 1, 2005 Albert J. Krupski, President Board of Town Trustees Town of Southold Southold, NY 11971 Re: Application of Paradise Point Association to repair or replace docks at 580 Basin Road; Application of Mary Zupa to install dock at 580 Basin Road Dear Mr. Krupski: Mary Zupa requests that at your June 22, 2005 meeting, you grant a dock permit for 580 Basin Road in accordance with her application for which notice and publication were given. Please recall that Supreme Court action Index No. 02-31389 resulted in the issuance of a wetlands permit to Mary Zupa to develop 580 Basin Road for residential purposes. Her application for a wetlands permit also included the installation of a dock which she agreed to withdraw"without prejudice" to legal action on the application if the dock permit was subsequently denied. The grant of a Trustees' permit to replace or rebuild,the Association's docks as per its current application would effectively deny her right to a dock on 580 Basin Road. Under Southold Town's Wetland Law, and current DEC regulations, only one dock which is 6x20 can be located on 580 Basin Road. See copy of DEC letter enclosed. Accordingly, the Association's application should be denied, and a dock permit should be issued to Mary Zupa in accordance with the application previously submitted. Sincerely, Cc Eric Bressler Catherine Mesiano :C MIESI" INC. FAX NO. :q -878-8%1 Nov. 06 2002 02:03PM PS New York State Department of Environmental Conservation Am Division of Environmental Permits, Region Ong Building 40-SUNY,Stony Brook,New York 11790-2356 Phone:(631)444-0366 • FAX:(631)444-0360 - . Websitet www.dec.s=.ny.us taw November 4,2002 Catherine Meaiano i Catharine Mesiano,Inc. i 12 Mill Pond Lane Bast Moriches NY 11940 Rc: NYSDEC#14738-03029/WW3 Zupa Property 580 Basin Road Southold NY SCTM#1000-81-1-16.7 Dear Ms.Mesiano: As you are aware,the Department's teponical staff performed a field inspection of the Zupa property and provided the following cogpents. The Department has no objection to the majority of the project with the exception of tof proposed dock The installation of an additional dock Byer vegetated tidal wetlands at the project site is considered a presumptively incompatible use} accordance with Part 661.5(b)(15),and will not be approved by the Department. Perhaps the gplicant may want to apply for a permit to I i reconfigure the existing dock in the future. Toefore,please revise the plans prepared by Sea Tzvel Mapping by removing the proposed dogk, I have enclosed a copy of the plans with the Department's comments. Upon receipt of 4 copies of the rovise4 tans showing the elimination of the proposed i . dock,a permit can be issued. Please also proyi�e two(2)additional copies of the survey prepared by Tngegno last revised on 8/26/02,44Wc only two(2)copies were provided with your application. ; Please call me if you have any questiollo, Thank you. Sincerely, Matthew R.Penaki CC- M.Zupa File I of exlsw6y%r __0 021„n5, ► Timber Pllas, 903Re'r _ a-Lor, Serbs / '' Plant duturb th� y WP .r- . l'NP i35 WlkneodCW�boss IQ.oa. 5 c N LG YAP f2VA N9 LG WP � 31 `� F NP Land of Zupa t G N yVP � • NP Reye� LG N N!P . te Q NP ' R toog'F►o� N` Np NP ......... Ikki-a oa? "jctb o,;, RI�A.f��gt°/ !as Meeb `°",°'h'° NP Con ��aky4/f eeap� Tklaf S '°Q'oc.♦, RDA � Goi rp�q�j...'�h%dy'bs, KDA Nf�•. NP � RDA R (top view) o '" NP N.T.S. NP Np''•.. RDA NP. =- .-typ . �oiat Basin RDA `D° b"� exwtw�vlles,rA°lero ► lMathlg NP NP w replv.wl 'pi plat. !� ��f�63 p NL tp e'-b•�B#�5 -- a 14 k, •a. 41 t CP :tr rod 1 ..�!L..;u' :.:- -_ ............. L?.....I. ... .. V' )X. 500 feet of exiotbIg or sheath Ikhead P �y��,Pv� • 1AAAl .. 'ti] T f ktgelPLac eathi g Q Q .......en.......... -� tf It7.`K� aw I" Bulkhead Cro55 Section N.T.5. °m Cro55 Section at C -1!d of Ulu ro yeI" = 20' mist dd:r toO of oi1°O f1oo°od Proposed Fixed of nwrlh t�lLH -••�: Auv Dock (4' x 25) t Boat Basin M e"d o v7On p rode Ramp (5, x I6') rw Float (b' x 207 Id men ,G_�, �_ Sheathktg 52 feet of new-low sill bulkhead II dimensional lumber, -- bar and plies are GGA us G_Loc Sheathing sated wood or pla5tw. 11 hordwcr'e galvanized Limit OF Wetlands as delineated by R. Fox Ob-02 3ulkheoad Cr000 SectionOuPI limit of 0)6'X 6' excavation 2�rsurg.rs 10" x Ib' GGA piles b' on center 1. OE,t No.sm This application must be turned down bas a reasons: MAY 1 2005 BOa of Tr sit.., 1)This applicant comes before the board wi unclean hands. The applicant has maintained a marina in a residentially zoned area without permits from the DEC or the trustees, contrary to local zoning. 2)The applicant has violated the permitting process for so long they now believe that they have a right to continue violating the law. And in addition they now claim ownership of the trustees bay bottom over all others and yet there is no record of the trustee's giving or selling this bay bottom. This is nothing more than a blatant land grab. 3)This applicant has no standing to file for this permit. They have no riparian rights and they do not own the adjacent upland. 4)If this permit were to be granted it would allow a dock to be in front of someone else's property. This is a dangerous precedent. This application must be turned down based4pn9", reasons: s 2005 1)This applicant comes before the bo i ; a 3"0'e [ IOWA unclean hands. The applicant has maintaine '` tees marina in a residentially zoned area without permits from the DEC or the trustees, contrary to local zoning. 2)The applicant has violated the permitting process for so long they now believe that they have a right to continue violating the law. And in addition they now claim ownership of the trustees bay bottom over all others and yet there is no-record of the trustee's giving or selling this bay bottom. This is nothing more than a blatant land grab. 3)This applicant has no standing to file for this permit. They have no riparian rights and they do not own the adjacent upland. 4)If this permit were to be granted it would allow a dock to be in front of someone else's property. This is a dangerous precedent. This application must be turned down based ,pp 4 reasons: 1)This applicant comes before the bo wi d `J T w unclean hands. The applicant has maintaiov;d o s marina in a residentially zoned area without permits from the DEC or the trustees, contrary to local zoning. 2)The applicant has violated the permitting process for so long they now believe that they have a right to continue violating the law. And in addition they now claim ownership of the trustees bay bottom over all others and yet there is no record of the trustee's giving or selling this - bay bottom. This is nothing more than a blatant land grab. 3)This applicant has no standing to file for this permit. They have no riparian rights and they do not own the adjacent upland. 4)If this permit were to be granted it would allow a dock to be in front of someone else's property. This is a dangerous precedent. This application must be turned down based:on 4 reasons: 1)This applicant comes before the board with` unclean hands. The applicant has maintained a_�Zj marina in a residentially zoned area without permits from the DEC or the trustees, contrary to local zoning. 2)The applicant has violated the permitting process for so long they now believe that they have a right to continue violating the law. And in addition they now claim ownership of the trustees bay bottom over all others and yet there is no-record-of the trustee's giving or selling this bay bottom. This is nothing more than a blatant land grab. 3)This applicant has no standing to file for this permit. They have no riparian rights and they do not own the adjacent upland. 4)If this permit were to be granted it would allow a dock to be in front of someone else's property. This is a dangerous precedent. This application must be turned down bas 4 reasons: 1)This applicant comes before the bo with - unclean hands. The applicant has- mainta � marina in a residentially zoned area without permits from the DEC or the trustees.. contrary to local zoning. 2)The applicant has violated the permitting process for so long they now believe that they have a right to continue violating the law. And in addition they now claim ownership of the trustees bay bottom over all others and yet there - --is no record-of the trustee's giving or -selling this - bay bottom. This is nothing more than a blatant land grab. 3)This applicant has no standing to file for this permit. They have no riparian rights and they do not own the adjacent upland. 4)If this permit were to be granted it would allow a dock to be in front of someone else's property. This is a dangerous precedent. 5 Main Street Cold 8"Q Harbor,H.Y.11724 Development Company TeI.t..(631)367-FA96 Kean Fax Y:(531)367-4768 Fax TO: Southold Board of Trustee Fran: Tom Dean Fam (631)766-641 hges: 6 Phorerx (631)766-1892 Dab: 7242007 Rae Paradise Point Association Dodos CC: ❑Urgent ❑ For Revkm ❑Please Cmoanent ❑Please,Repbr ❑Please,cycle •Convownts: Please see attached lenses. Re Spectfuly,Thomas Dean no Conshvction Manager Kean Development Any questions please do not hesitate to call me at Jobske: Telephone#:(516)466-0375 Fax V.(516)570 2015 Cellular*(516)993-7726 L'd 9LOZ-OL9-9L9-L ueea seeu04l d9£:90 LO 4Z Inf DONNA MORTIMER & THOMAS DEAN July 24,2007 D Town of Southold Board of Town Trustee's J U L 2 5 2007 54375 Route 25 Southold,NY 11971 Southhold Town Board of Trustees Attention:James R King,President Re.- Paradise Point Association proposed dock re-con6garadrin Dent Nk King. In connection with the above referenced prooeedmg we write to oppose who we find to be incorrect and misleading We are Basin—front property owners at 3895 Paradise Point Road;we have our own dock and have never used the so-called Association dock.We vehemently oppose a Marina in the Basin and maintain full and uncompmmised riparian rights Neither Tom nor I agree with the current position takes by the PPA Board.We believe that the PPA docks are either Illegal Structures as the DEC has determined or Legal Non-conforming Structures as you Southold Board of Town Trustees have determined Either way we believe that no permits should be or should law been issued to maintain,repair,or replace these docks If the DEC determines these docks]]legal the PPA should be required to remove them immediately. If you the Southold Board of Town Trustees determine these docks Legal Non-confotmurg Structures at the very least the PPA should be required to reduce the dock length to its dimensions at the time the Town Code was instituted The additional sions and alterations to this dock are illegal and should be removed immediately.That being said at a minimum we request that you enforce the Soudrnld Cade for dock length, (one-third the basin width hwludmg vessel dineuskes)at the dock location.A dock greater than the one-third rule would cause continual navigatioml hazards and infringe on our and other Basin-front owner's water rights There has also come irmi question which members of the PPA actually have deeded tights to use of the Basin, no dock configuration should be approved prior to resolving this issue. Furthermore, since the PPA does not own the land these docks are attached to,in accordance with the Code for the Town of Southold no permits should exist without the consent of the landowner For many years the PPA has been aware that their docks were not Properly petmitted and took no action,please do not reward then. I want to thank you for your efforts in attempting to resolve this matter and for listening so my concerns. Sinremty,` Donna Mortimer&11omas Dean 3895 PARADISE POINT ROAD - SOUTHOLD, N.Y. • 11971 PHONE/FAX: (631) 765-6991 Z'd 9WZ-OL9-9&9 ueep sewoyl d8£:90 LO 4Z Inf DONNA MORTIMER & THOMAS DEAN July 24,2007 kBoard IS 0 Town of Southold 2 5 20 1 Board of Town Trustees 54375 Route 25 Southold,NY 11971 hhold Town of Trustees Attention:Jill Doherty,Nice-President Re: Paradise Perot Association proposed dock re-coafigucrnm Dear Mr.King. In connxtioa with the above referenced proceeding we write to oppose what we find to be incorrect and misleading.We are Bask—how property owners at 3895 Paradise Point Road,we have our own dock and have never used the so-called Association dock We vehemently oppose a Mauna in the Basin and maiopin fill and uncompaomtsed srpamo rights.Neither Tom nor I agree with the current position taken by the PPA Board.We believe that the PPA docks are either Illegal Structures as the DEC has determined or Legal Non-conforming Structures as you Southold Board of Town Trustees have determined. Either wry we believe that no permits should be or should have been issued to maintain,repair or replace these dohs, If the DEC deoermiues these docks Illegal the PPA should be requited to rtnhove them immediately. If you the Southold Board of Town Trustees determine dose docks Legal Non-woforming Structures at the very least the PPA should be required to reduce the dock length to its dimensions at the time the Town Code was instituted.The additional ezteosions and dterstions to this dock am illegal and should be removed immediately.That being said at a meiimum we request that you enforce the Southold Code for dock length, (one-third the beam width including vessel dimensions)at the dock lociuka.A doh greater than the one-third role would cause command navigational hazards and infringe on our and other Basin-fkont owners water rights. There has also come into questiou which members of the PPA actually have deeded rights to use of the Basin, no dock configuration should be approved prior to resolving this issue.Furthermore,siooe the PPA does not own the land thew docker are attached to,in accordance Wirt the Code for the Town of Southold no permits should cunt without the consent of the landowner.For many years the PPA has been aware that their docks was not properly permitted and took no setioa,pleaw do not reward them I want to thank you for your efforts in attempting to resolve this matter and for listeniog to my coneeas. 4 2.2 V Donna Mortimer&Thomas Dean 3895 PARADISE POINT ROAD • SOUTHOLD, N.Y, • 11971 PHONE/FAX: (631) 765-6991 £'d MZ-OL9-9i9-i uesd SOW04-L d6£90 LO 17Z Inf DONNA MORTIMER & THOMAS DEAN july 24,20D7 p Town of Southold —�-- —j Board of Town Trustee's D 54375 Route 25 Sauhold,NY11971 Southhold Town Board of Trustees Attention:Peggy A.Dickerson,Tows Trustee Re: Paradise Point Association proposed dock ae•configuratioo Dear Mc King: In connection with the above tefeteoced proceeding we Write to oppose what we find to be incorrect mad -4d"rig We are Basin—front Property owners at 3i195 Paradise Point Road;we have am tan dock and have never used the so-caDed Association dock.We ve hemendy oppose a Marina in the Basin and aaiatain fa and uncomproaused apeman rights.Neither Toot not I agree with the current position tabu by the PPA Bond.We believe that the PPA docks are either Regal Structures as the DEC has determined in Legal Non-mnfamsirtg Structures as you Southold Board of Town Trustees have determined Either way we believe that ao permits should be or should have been issued to maimaK repaq or replace these docks, If the DEC determines these docks Megal the PPA should be required to remove them immediately. If you the Southold Board of Town Trustees determine these docks Legal Non-mnforming Structures at the very least the PPA should be required to reduce the dock length tu its dnneudons at the time the Towo Code was instituted The additional extensions and sltemtions to this dock are rllega]and should be removed immediately.That being did at a minimum we request that you enforce the Southold Code for dock k ngth, (one-third the basin width Waudi%veaed dimensions)at the dock l catian.A dock greater than the one-third rule would cause continual navigational hazards and infringe on out and other Basin-front owmes water tights. There has also come imo question Which members of die PPA sctuany have deeded rights to use of the Balm, no dock configuration should be approved prior to resolving this issue Furthermore,sine the PPA does not own die land these dodo are attached to,in accordance with the Code for the Town of Soudrold no permits should exist without the moment of the landowner.For many years die PPA has been aware that their doer were not property permitted and took no action,please do not reward them. I want to thank you for your efforts in attempting to resolve this matter and for listening to my concerns. -Sincerely. t Donna Mortimer&Thomas Dean 3995 PARADISE POINT ROAD • SOUTHOLD, N.Y. • 11971 PHONE/FAX: (631) 765-6991 4'd 9lO -OL9-969-1 ueea Setuoyl d66:40 LO 4Z Inf DONNA MORTIMER & THOMAS DEAN J.172A,W07 � � Ttwvn of Southold D ED Board of Town Trustee% 54375 Route 25 J U L 2 5 2001 Southold,NY 11971 Southhold Town Attention.Dave Bergen,TowaTrustee Board of Trustees Re: Paradise point Assodatinn proposed dock re-configuration Dear Mr.rang In cooneetlon with the above referenced proceeding we mate to oppose what we find to be incorrect and misleading We are Basio-f rant property owners at 3895 Paradise Point Rmad;we have our own dodo and have never used the so-called Association dock.We vehemently oppose a Mauna in the Basin and maintain fall and uncompromteed riparian right&Neither Tom nod I agree with the current position tskm by the PPA Board.We beliem that the PPA docks are either Mega1 Striarrom as the DEC has determined or Legal Nod-conforming Structures as you Southold Board of Town Trustees have determined.Pithm way we believe that no permits should be or should have been issued to maimnm repair,or replace these docks If the DEC determines these dodo Illegal the PPA,should be required to move them immediately, If you the Souhhold Board of Town Tsustm determine these docks Legal Non-conforming Structures at the very least the PPA should be required to reduce the dock length to its dimensions at the time the Town Code was instituted The additional esabmsiom and alterations to this dock are illegal and should be removed immediately:TLat being said at a min"non we request that you enforce the Southold Code for doh length, (one-third the basin width including vessel dimensions)at the dock location A dock greater than the one-third rule would cause nootimtsl navigational haaucds and mfaoge on our and other Basin-hoot owners water rights. These has also come into question which members of tie PWL actually have deeded rights;to use of the Basin, no dock configuration should be approved poor to resolving this issue Furthermme,mince the PPA does not own the land these docks are attached to,in accordance with the Code for the Town of Southold no permits should rant without the consent of the landowner.For many years the PPA has been aware that tidy docks were not properly permitted and took no action,please do not reward them. I want ro drank you for your efforts in attempting to resolve this matter and for listening to my coaoerva. Smoctely, Donna Mortimer&Thomas Iksm 3895 PARADISE POINT ROAD • SOUTHOLD, N.Y. • 11971 PHONE/PAX: (631) 765-6991 9 it 9LOZ-OL9-9L9-L ueep Setu0441 doy:130 LO 4Z Inr DONNA MORTIMER & THOMAS DEAN July 24,2007 Town of Southold tgOard QTrustees Board of Town Trustees54375 Route 2s Southold,NY 11971 Attention:Bob GhotioJr.,TamaTrustee Re-. Paadise Point Association proposed doh retonfiguation Dear Mr.King. In contection with the above referenced proceeding we write to oppose what we find to be incorrect and misleading.We are Besim-fmnt property owners at 3895 Paradise Paint Road;we have out own dock and heat never used the so-caIled Association dock We vehemently oppose a Mani a in the Basin and maintain full and uneompreaused q i aghm Neither Timm nor I agree with the current position taken by the PPA Board We believe that the PPA docks are either Illegal Structures as the DEC has determined or Legal Non-conforming Smusures as you Southold Board of Town Tnwtoes have determined.Either vvay we believe that no permits should be or should hsve been issued to maintain,repair,or neplam these docks If the DEC determines these docks Illegal the PPA should be required to remove them immediately. If you the Southold Board of Tomn Trustees determine these docks Segal Noo-coaforming Structures at the very cast the PPA should be required to reduce the dock length to its dimensions at the time the Tows Code was instituted.The additional eatemmos and alterations to this dock are illegal and should be removed immediately. That being said at a minimum we request that you eaforce the Southold Code for dock length, (one-third the ba®width including vessel dimensions)at the dock location.A dock greater than the dne-th vd rule waaid cause counnual navigational bazands and iofxioge on our and other Basin-front owns water dgba There has also come imo question which members of the PPA actually have deeded rights to use of the Basin, no doh configuration should be approved prior to resolving this issue,Furthermore,since the PPA does not own the land these docks are attached to,in accordance with the Code for the Town of Southold no permits should ewt without the consent of the landowner.For many years the PPA has bees aware that their docks were not Properly pe®itted and took no action,pleat do not reward them. I want to thank you for your efforts in attempting to resolve this matter and for listening to my concaas Sincerely, i Donna Mortimer dr Thomas Dean 3895 PARADISE POINT ROAD • SOUTHOLD, N.Y. • 11971 PHONE/FAX: (631) 765-6991 9'd 9Wz-0L9-9t9-1 used Stau01LL d0q:S0 LO 4Z Inr UCS-840(REV 1/2000) REQUEST FOR J-MICIAL INTERVENTION For Clerk Only M^ « COURT COUNTY INDEX NO. DATE PURCHASED .I�TITIONrRS: Victor J. Zupa, Mary S. Zupa, JR�� IAS entry date Paradise Point Basin Association, Inc. �'w/ q FFppA RESPONDENTS: Alexander' B. Grannis, Commisioner of the New York SCdtte Department of Environmental Conservation, Peter A. Scully, Judge Assigned Regional Director of the New York State Department of Environmental Conservation, Paradise Point Association, Inc. RJI Date Date issue joined: n/a Rill of particulars served (YIN) : [ ]Yee [x]No ..... . .. ... ..... ................... ........ ................ . . ... .. ... ... .......... . ... .... ... . . .. . . . NATURE OF JUDICIAL INTERVENTION (check ONE box only AND enter information) [ ) Request for preliminary conference I ] Notice of petition (return date: ) Relief sought _ [ ] Note of issue and/or certificate of readiness ( 1 Notice of medical or dental malpractice action (specify: 1 ( 1 Notice of motion (return date: ) Relief sought [ ] Statement of net worth 1X1 Order to show cause ryr tEf a corpus A .�_.'^� "� l (clerk enter return date: r 1(+�,, �I 1ILL'�P5� ,.\ Relief sought v e Y: [ I Other ex parts application (specify: UUL 1 9 2 Southold Town NATURE OF ACTION OR PROCEEDING (Check ONE bo only) Board of Trustees MATRIMONIAL Malpractice [ I Contested -CM [ ] Medical/Podiatric -MM [ 1 Uncontested -UM [ ) Dental -DM [ ] *Other Professional -OPM COMMERCIAL l 7 Contract -CONT [ ] Motor Vehicle -MV [ ] Corporate -CORP [ ] -Product. Liability -PL ( ] Insurance (where insurer ie a party, except arbitration) -INS ( ) Environmental -EN [ ] UCC (including sales, negotiable -UCC ( ] Asbestos -ASH instruments) [ ] Breast Implant -BI [ ] 'Other Commercial -OC [ ] 'Other Negligence -OTN [ ) `Other Tort (including REAL PROPERTY intentional) -OT [ ) Tax Certiorari -TAX [ I Foreclos uze -FOR SPECIAL PROCEEDINGS [ ) Condemnation -COND [ ) Art. 75 (Arbitration) -ART75 [ Landlord/Tenant -LT [ ) Art. 77 (Trusts) -ART77 [ I 'Other Real Property -ORP [a.] Art. 98 -ART78 ( j Election Law -ELEC [ ) Guardianship (MHL Art. 81) -GUARD81 OTHER MATTERS ( ) 'Other Mental Hygiene -MHYG [ I -OTH [ ) `Other Special Proceeding OSP TORTS Check -YES- or "NO- for each of the following questions: Is this action/proceeding against a YES NO YES NO j [ j Municipality: [ ) [x) Public Authority: (Specify Ny4DEC ) (Specify ) YES NO $ 1 [ 1 Does this action/proceeding seek equitable relief? [ 1 [Xj Does this action/proceeding seek recovery for personal injury? [ 1 y Doee this action/proceeding seek recovery for property damage? Pre-Note Time Frame.: (Thin applies to all case. except contented matrimonials and tax certiorari cane.) Estimated time period for case to be ready for trial (from filing of RJI to filing of Note of Issue) : R Expedited: D-S months o Standard: 9-12 months D Complex: 13-15 months Contented Matrimonial Cane. Only: (Check and give date) Has summons been served? ❑ No G Yes, Date Was a Notice of No Necessity filed? D No C Yes, Date ATTORNEYS) FOR PLAINTIFF(§) : Self Name Addree. Phone Rep•• ❑ Wickham, Bressler, Gordon 6 P.O. Box 1424 631-298-8353 - , ATTORNEYS) FOR DEFENDANT(S) : Self Name Address Phone Rep•• ❑ 'Self Represented: parties representing themselves, Without an attorney, should check the "Self Rep." box and enter their name, address, and phone # in the space provided above for attorneys. INSURANCE CARRIERS: None RELATED CASES: (IF NONE, write 'NONE' below) Title Index $ Court Nature of Relationship Zupa V. 02-25843 Supreme Similarity of Parties Paradise Point .Association Suffolk Similarity of issues I AFFIRM UNDER PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST FO JUDICIAL INTERVENTION PREVIOUSLY BEEN FILED IN THIS ACTION OR PROCEEDING. Dated. July 3, 2007 (SIGNATURE) FRIr T_ RRFSST.F.R (PRINT OR TYPE NAME) PETITIONERS ATTORNEY FOR ATTACH RIDER SHEET IF NECESSARY TO PROVIDE REQUIRED INFORMATION ups p E E1 � � NEW YORK STATE DEPARTMENT OF D ENVIRONMENTAL CONSERVATION JUL — 3 W07 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .X In the Matter of the Violations of the New York State Environmental Conservation Law ("ECL") buthba Town Articles 25 and 71 and Part 661 of Title 6 of the Board of Trustees Official Compilation of Codes, Rules and ORDER ON CONSENT Regulations of the State of New York ("6 NYCRR') p a D 0 Y Il I' J PARADISE POINT ASSOCIATION,INC. (Suffolk County) Respondent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . .X WHEREAS,the Department of Environmental Conservation of the State of New York (hereinafter"DEC" or"Department") is and has been a Department of the State of New York, charged with jurisdiction to enforce the environmental laws of the State pursuant to §3-0301 of the Environmental Conservation Law of the State of New York (hereinafter the "ECU); and WHEREAS, the Department is responsible for the administration and enforcement of laws and regulations pertaining to the regulation of tidal wetlands in the State of New York, including Article 25 of the ECL and Part 661 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (hereinafter"6 NYCRR"); and WHEREAS,Pursuant to ECL Articles 3 and 25,the Department has promulgated Part 661 of 6 NYCRR establishing land-use regulations for tidal wetlands which prohibits the conduct of regulated activities in or adjacent to tidal wetlands without or in noncompliance with the requisite permits; and WHEREAS, Article 25,Title 4, specifically § 25-0401.1 of the New York State Environmental Conservation Law,the Tidal Wetlands Act, and 6 NYCRR Part 661 prohibit conducting any regulated activities in or adjacent to any tidal wetland without the.requisite permit, or, in noncompliance with the requisite.permit; and WHEREAS,the Department has documented the following violations of ECL § 25- 0401.1 and 6 NYCRR Part 661: (1) Installation of a Tx27' open pile pier, a 2.5'xlT ramp, a 6'x20' float and two pilings in a regulated tidal wetland without the required NYSDEC permit. (north dock); (2) Installation of (6) 6" pilings beneath a 4'x20' catwalk in a regulated tidal wetland without the required NYSDEC _ permit, (middle docl,;_L3�Installation of a 17 timber bulkhead in a regulated tidal wetland without the required NYSDEC permit. (south dock); (4) Installation of electric utility in and adjacent to a regulated tidal wetland without the required NYSDEC permit; (5) Installation of 411x4" pilings and a 2.5'xl9' ramp in a regulated tidal wetland without the required NYSDEC permit. (south dock); (6)Installation of a TxlT ramp in a regulated tidal wetland without the required NYSDEC permit. (south dock); (7)Expansion/installation of a 6x40' float and a 4'x12' float on the offshore end of main dock in an L-shape in a regulated tidal wetland without the required NYSDEC permit. (south dock); (8)Installation of(3) 6'x20'forger floats in a regulated tidal wetland without the required NYSDEC permit. (south dock); (9) Installation of(6) pilings in a regulated tidal wetland without the required NYSDEC permit (south dock) at 4800 Paradise Point Road in Southold, on or before 8/22/2006; ; and WHEREAS;pursuant to ECL §71-2503, any person who violates any,provisions of or who fails to perform any duty imposed by ECL Article 25 and 6 NYCRR Part 661 subjects the violator to a civil penalty of up to TEN-THOUSAND ($10,000)DOLLARS for each violation, and for each day the violation continues, as well as criminal penalties and injunctive relief, and WHEREAS,Respondent consents to the factual findings made by the Commissioner herein for the purpose of supporting the terms of this Order, without either admitting or denying the truth thereof, and will not contest these factual findings in any enforcement action pertaining to this Order by the Commissioner or the State; and WHEREAS, Respondent desires to resolve the within DEC enforcement action through this Order on Consent rather than to continue litigation on the issues; and WHEREAS,the Department agrees to settle the within matter through this Order on Consent with Respondent rather than to continue litigation on the issues; and WHEREAS, after consultation with an attorney,Respondent affirmatively waives its right to a public hearing in this matter in the manner provided by law, and consent to the entering and issuing of this Order, agree to be bound by the terms and conditions contained herein. NOW, having considered this matter and being duly advised, it is: ORDERED,that with respect to the aforesaid violations, there is hereby imposed upon Respondent, a civil penalty in the sum of FIVE THOUSAND ($5,000) DOLLARS, of which sum TWO THOUSAND ($2,000) DOLLARS shall be payable by CERTIFIED CHECK,BANK DRAFT of MONEY ORDER and the remaining THREE THOUSAND ($3,000)DOLLARS to be suspended provided that Respondent strictly adheres to the terms and conditions outlined in this Order,including Schedule "A",the compliance schedule attached hereto and made a part hereof,and it is further ORDERED,that this Order shall not become effective until it is executed by the Regional Director on behalf of the Commissioner, and the date of execution by the Regional Director shall be the date of execution of this Order; and it is further ORDERED,that in those instances in which the Respondent desires that any of the _provisions,terms rAonditious of this_Order_be_changed,they-shalLmake_-w-n application,.set-.__ .._.._ ting forth the grounds for the relief sought,to the Commissioner, c/o of the Regional Attorney, New York Department of Environmental Conservation, Region I, Stony Brook University 50 Circle Road, Stony Brook,New York 11790 - 3409; and it is further Page 2 of 5 ORDERED,that any change in this Order shall not be made or become effective, except as specifically set forth by written order of the Commissioner, such written order being made either upon the written application of the Respondent, or upon the Commissioner's own findings; and it is further ORDERED, that this Order resolves only those violations specifically articulated and described herein and in no way limits the Department's authority to enforce any other violations not described herein in the.manner that the Department shall deem appropriate; and it is further ORDERED,that the terms and conditions of this Order shall not be construed to prohibit the.Commissioner or his duly-authorized representative from exercising any summary abatement powers, either at common law or as granted pursuant to statute or regulation; and it is further ORDERED,that the provisions of this Order shall be deemed to bind Respondent, heirs, successors and assigns, and all persons,firms and corporations acting under or for Respondent; and it is further ORDERED,that the failure to pay any penalty amounts due under the terms and conditions of this Order may result in a 22% surcharge in recovery costs and a potential tax refund offset by the Department of Taxation and Finance; and it is further ORDERED,that for the purpose of insuring compliance with this Order, and with applicable provisions of the ECL and regulations promulgated thereunder, representatives of the DEC shall be permitted access to the Site without prior notice at reasonable hours and intervals in order to inspect and determine the status of the property, as well as access to relevant records in order to inspect and/or perform such tests as may be deemed appropriate to determine the status of Respondent's compliance. Dated: Stony Brook,New York YY c� -3 , 2007 . ALEXANDER B. GRANNIS Commissiheoffvironmental Conservation By: PE A. S ULLY Regional Dirdetor Esseks,Hefter &Angel,LLP 108 East Main Street Riverhead,New York 11901 Page 3 'of 5 CONSENT BY BUSINESS Respondent,PARADISE POINT ASSOCIATION. INC., acknowledges the authority and jurisdiction of the Commissioner of the Department of Environmental Conservation of the State of New York to issue the foregoing Order,waives public hearing or other proceedings in the matter, accepts the terms and conditions set forth in the Order and consents to the issuance thereof and agrees to be bound by the provisions,terms and conditions contained therein. PARADISE POINT ASSOCIATION,INC. Respondent P By: Name: PA1VJ CC G kE 1T7- Title: for e s I ci C41�- an individually dually authorized by the respondent to sign and whom may bind respondent to the terms and conditions contained herein. Date: r— ACKNOWLEDGMENT STATE OF NEW YORK ) ss.: COUNTY OF "If ) On the 16 day of r in the year 2007,before me personally came P/i-TA( &«iTT to me known,who,being duly sworn did depose and say that he resides at ,;10 6 J-7 BSI' 4'P that )z6 is the �1e E3l� /7 of PARADISE POINT ASSOCIATION, INC.,the business entity described herein and which executed the above instrument; and that he signed his name thereto with full authority so to do. Sworn to before me this —& day of - GQs � Notary Pu lic DOLORES F.MARTIN Notary Public,StaWof New York Page 4 of 5 No. 01 MA61 32034 Qualified in Kings County Commission Expires August 22,2009 SCHEDULE A COMPLIANCE SCHEDULE PARADISE POINT ASSOCIATION, INC. I. GENERAL REQUIREMENTS: Immediately, Respondent shall cease and desist from any and all future violations of the ECL and the rules and regulations enacted pursuant thereto. All submittals to the Department required under this Order shall be made by Respondent as follows: 1) One copy to: Legal Affairs, Region One,New York State Department of Environmental Conservation, Building Stony Brook University, 50 Circle Road, Stony Brook,New York 11790 - 3409;and 2) One copy to: Bureau of Marine Habitat Protection,Region One,NYS Department of Environmental Conservation,Building Stony Brook University, 50 Circle Road, Stony Brook,New York 11790 - 3409. II. REMOVAL REQUIREMENTS: Within ninety(90) days from the Respondent have conducted the following removal: date this Order is executed, Remove pilings and two dock structures and reduce and reconfigure remaining structure, all as shown in the"Site Map" dated April 17, 2007, prepared by Inter-Science Research Associates, Inc. Provide Town Trustee approval for the modification to the prior Trustee-approved plans. III. RESTORATION REQUIREMENTS: No restoration required. Page 5 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . .X In the Matter of the Violations of the New York State Environmental Conservation Law ("ECL") Articles 25 and 71 and Part 661 of Title 6'of the Official Compilation of Codes, Rules and ORDER ON CONSENT Regulations of the State of New York("6 NYCRR') 02 D� �o�( d �r�q Y � l— PARADISE POINT ASSOCIATION, INC. (Suffolk County), Respondent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .X WHEREAS,the Department of Environmental Conservation of the State of New York (hereinafter"DEC" or"Department")is and has been a Department of the State of New York, charged with jurisdiction to enforce the environmental laws of the State pursuant to §3-0301 of the Environmental Conservation Law of the State of New York(hereinafter the "ECL");.and WHEREAS,the Department is responsible for the administration and enforcement of laws and regulations pertaining to the regulation of tidal wetlands in the State of New York, including Article 25 of the ECL and Part 661 of Title 6 of the Official Compilation of Codes,. Rules and Regulations of the State of New York (hereinafter"6 NYCRR"); and WHEREAS, Pursuant to ECL Articles 3 and 25,the Department has promulgated Part 661 of 6 NYCRR establishing land-use regulations for tidal wetlands which prohibits the conduct of regulated activities in or adjacent to tidal wetlands without or in noncompliance with the requisite permits; and WHEREAS, Article 25, Title 4, specifically § 25-0401.1 of the New York State Environmental Conservation Law,the Tidal Wetlands Act, and 6 NYCRR Part 661 prohibit conducting any regulated activities in or adjacent to any tidal wetland without the.requisite permit, or, in noncompliance with the requisite permit; and WHEREAS,the Department has documented the following violations of ECL § 25- 0401.1 and 6 NYCRR Part 661: (1) Installation of a Tx27' open pile pier, a 2.5'x12' ramp, a 6'x20' float and two pilings in a regulated tidal wetland without the required NYSDEC permit. (north dock); (2) Installation of (6) 6" pilings beneath a 4'x20' catwalk in a regulated tidal wetland without the required NYSDEC permit_(middle docK,_(311nstahation of a 17'timber bulkhead in a regul ate d_tidal.wetland_ without the required NYSDEC permit. (south'dock); (4)Installation of electric utility in and adjacent to a regulated tidal wetland without the required NYSDEC permit; (5) Installation of 4"x4" pilings and a 2.5'xl9' ramp in a regulated tidal wetland without the required NYSDEC permit. (south dock); (6) Installation of a 2'xl2'ramp in a regulated tidal wetland without the required NYSDEC permit. (south dock); (7)Expansion/installation of a 6'x40' float and a 4'x12' e ' float on the offshore end of main dock in an L-shape in a regulated tidal wetland without the required NYSDEC permit. (south dock); (8)Installation of(3) 6'x20' finger floats in a regulated tidal wetland without the required NYSDEC permit. (south dock); (9) Installation of(6)pilings in a regulated tidal wetland without the required NYSDEC permit (south dock) at 4800 Paradise Point Road in Southold, on or before 8/22/2006; ; and WHEREAS;pursuant to ECL §71-2503, any person who violates any,provisions of or who fails to perform any duty imposed by ECL Article 25 and 6 NYCRR Part 661 subjects the violator to a civil penalty of up to TEN-THOUSAND ($10,000)DOLLARS for each violation, and for each day the violation continues, as well as criminal penalties and injunctive relief; and WHEREAS,Respondent consents to the factual findings made by the Commissioner herein for the purpose of supporting the terms of this Order, without either admitting or denying the truth thereof, and will not contest these factual findings in any enforcement action pertaining to this Order by the Commissioner or the State; and WHEREAS, Respondent desires to resolve the within DEC enforcement action through this Order on Consent rather than to continue litigation on the issues; and WHEREAS,the Department agrees to settle the within matter through this Order on Consent with Respondent rather than to continue litigation on the issues; and WHEREAS, after consultation with an attorney,Respondent affirmatively waives its right to a publio hearing in this matter in the manner provided by law, and consent to the entering and issuing of this Order, agree to be bound by the terms and conditions contained herein. NOW, having considered this matter and being duly advised, it is: ORDERED, that with respect to the aforesaid violations, there is hereby imposed upon Respondent, a civil penalty in the sum of FIVE THOUSAND ($5,000)DOLLARS, of which sum TWO THOUSAND ($2,000) DOLLARS shall be payable by CERTIFIED CHECK,BANK DRAFT or MONEY ORDER and the remaining THREE THOUSAND ($3,000)DOLLARS to be suspended provided that Respondent strictly adheres to the terms and conditions outlined in this Order,including Schedule"A",the compliance schedule attached hereto and made a part hereof, and it is further ORDERED,that this Order shall not become effective until it is executed by the Regional Director on behalf of the Commissioner, and the date of execution by the Regional Director shall be the date of execution of this Order; and it is farther . ORDERED,that in those instances in which the Respondent desires that any of the _provisiona,_terms oL conditions o -this_Order_be_changed,they-shallmake_written_application,_set-... ..._.. ting forth the grounds for the relief sought, to the Commissioner, c/o of the Regional Attorney, New York Department of Environmental Conservation,Region I, Stony Brook University 50 Circle Road, Stony Brook,New York 11790 -3409;and it is further Page 2 of 5 ORDERED,that any change in this Order shall not be made or become effective, except as specifically set forth by written order of the Commissioner, such written order being made either upon the written application of the Respondent, or upon the Commissioner's own findings; and it is further ORDERED,that this Order resolves only those violations specifically articulated and described herein and in no way limits the Department's authority to enforce any other violations not described herein in the manner that the Department shall deem appropriate; and it is further ORDERED, that the terms and conditions of this Order shall not be construed to prohibit the Commissioner or his duly-authorized representative from exercising any summary abatement powers, either at common law or as granted pursuant to statute or regulation; and it is further ORDERED, that the provisions of this Order shall be deemed to bind Respondent, heirs, successors and assigns, and all persons, firms and corporations acting under or for Respondent; and it is further ORDERED,that the,failure to pay any penalty amounts due under the terms and conditions of this Order may result in a 22% surcharge in recovery costs and a potential tax refund offset by the Department of Taxation and Finance; and it is further ORDERED, that for the purpose of insuring compliance with this Order, and with applicable provisions of the ECL and regulations promulgated thereunder, representatives of.the DEC shall be permitted access to the Site without prior notice at reasonable hours and intervals in order to inspect and determine the status of the property, as well as access to relevant records in order to inspect and/or perform such tests as may be deemed appropriate to determine the status of Respondent's compliance. Dated: Stony Brook,New York v>u 2007 . ALEXANDER B. GRANNIS CommissihneofflEnviroonlental Conservation By: PE A. S ULLY Regional Dir ctor --TO;..-_Anthony.C-Pasca,-Esq.-_ ---- - - ---- -------- . ._ . Esseks, Hefter& Angel,LLP 108 East Main Street Riverhead,New York 11901 Page 3'of 5 CONSENT BY BUSINESS Respondent, PARADISE POINT ASSOCIATION. INC., acknowledges the authority and jurisdiction of the Commissioner of the Department of Environmental Conservation of the State of New York to issue the foregoing Order,waives public hearing or other proceedings in the matter, accepts the terms and conditions set forth in the Order and consents to the issuance . thereof and agrees to be bound by the provisions,terms and conditions contained therein. PARADISE POINT ASSOCIATION, INC. Respondent By: Name: �h CE kE )TT Title: l�resiclen�- an individually dually authorized by the respondent to sign and whom may bind respondent to the terms and conditions contained herein. Date: ACKNOWLEDGMENT STATE OF NEW YORK ) ss.: COUNTY OF � ) On the 1 day of in the year 2007,before me personally came PA-7A((.& 1<ti 7-7 to me known,who,being duly sworn did depose and say that he resides at ,30 € -1'7/'Sr 4�:PA,c &:4"v /Ooaa that p0 its the pie6;s of PARADISE POINT ASSOCIATION, INC., the business entity described herein and which executed the above instrument; and that he signed his name thereto with full authority so to do. Sworn to before me this —IL Nay of�,_2907 -- --- —...-- -- ------------ -- -- _.._._ t!Notary Pu he DOLORES F.MARTIN Notary Public,State-of New York page 4 of 5 No. 01 MA6132034 Qualified In Kings County Commission Expires August 22, 2009 SCHEDULE A COMPLIANCE SCHEDULE PARADISE POINT ASSOCIATION, INC. I. GENERAL REQUIREMENTS: Immediately, Respondent shall cease and desist from any and all future violations of the ECL and the rules and regulations enacted pursuant thereto. All submittals to the Department required under this Order shall be made by Respondent as follows: 1) One copy to: Legal Affairs,Region One,New York State Department of Environmental Conservation,Building Stony Brook University, 50 Circle Road, Stony Brook,New York 11790 - 3409;and 2) One copy to: Bureau of Marine Habitat Protection, Region One,NYS Department of Environmental Conservation,Building Stony Brook University, 50 Circle Road, Stony Brook,New York 11790 - 3409, H. REMOVAL REQUIREMENTS: Within ninety (90) days from the Respondent have conducted the following removal: date this Order is executed, Remove pilings and two dock structures and reduce and reconfigure remaining structure, all as shown in the "Site Map" dated April 17, 2007,prepared by Inter-Science Research Associates, Inc. Provide Town Trustee approval for the modification to the prior Trustee-approved plans. M. RESTORATION REQUIREMENTS: No restoration required. Page 5 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .X In the Matter of the Violations of the New York State Environmental Conservation Law("ECL") Articles 25 and 71 and Part 661 of Title 6 of the Official Compilation of Codes,Rules and ORDER ON CONSENT Regulations of the State of New York("6 NYCRR")y a �O /�05/0 — R �� PARADISE POINT ASSOCIATION, INC. (Suffolk County), Respondent . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . .X WHEREAS,the Department of Environmental Conservation of the State of New York (hereinafter"DEC" or"Department") is and has been a Department of the State of New York, charged with jurisdiction to enforce the environmental laws of the State pursuant to §3-0301 of the Environmental Conservation Law of the State of New York (hereinafter the "ECL"); and WHEREAS, the Department is responsible for the administration and enforcement of laws and regulations pertaining to the regulation of tidal wetlands in the State of New York, including Article 25 of the ECL and Part 661 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (hereinafter"6 NYCRR"); and WHEREAS,Pursuant to ECL Articles 3 and 25,the Department has promulgated Part 661 of 6 NYCRR establishing land-use regulations for tidal wetlands which prohibits the conduct of regulated activities in or adjacent to tidal wetlands without or in noncompliance with the requisite permits; and WHEREAS,Article 25, Title 4, specifically § 25-0401.1 of the New York State Environmental Conservation Law,the Tidal Wetlands Act, and 6 NYCRR Part 661 prohibit conducting any regulated activities in or adjacent to any tidal wetland without the.requisite permit, or, in noncompliance with the requisite.permit; and WHEREAS,the Department has documented the following violations of ECL § 25- 0401.1 and 6 NYCRR Part 661: (1) Installation of a Tx2T open pile pier, a 2.5'x12' ramp, a 6'x20' float and two pilings in a regulated tidal wetland without the required NYSDEC permit. (north dock); (2) Installation of (6) 6" pilings beneath a 4'x20' catwalk in a regulated tidal wetland without the required NYSDEC _ _ permit_(middle doc,;_ 3 Installation o_f a 17'timber_bulkhead in a regulated_tidal_yyetland without the required NYSDEC permit. (south dock); (4) Installation of electric utility in and adjacent to a regulated tidal wetland without the required NYSDEC permit; (5) Installation of 4"x4" pilings and a 2.5'x I 9' ramp in a regulated tidal wetland without the required NYSDEC permit. (south dock); (6) Installation of a 2'x12'ramp in a regulated tidal wetland without the required NYSDEC permit. (south dock); (7)Expansion/installation of a 6'x40' float and a 4'xl2' float on the offshore end of main dock in an L-shape in a regulated tidal wetland without the required NYSDEC permit. (south dock); (8)Installation of(3) 6'x20' forger floats in a regulated tidal wetland without the required NYSDEC permit. (south dock); (9) Installation of(6)pilings in a regulated tidal wetland without the required NYSDEC permit(south dock) at 4800 Paradise Point Road in Southold, on or before 8/22/2006; ; and WHEREAS;pursuant to ECL §71-2503, any person who violates any.provisions of or who fails to perform any duty imposed by ECL Article 25 and 6 NYCRR Part 661 subjects the violator to a civil penalty of up to TEN-THOUSAND ($10,000)DOLLARS for each violation, and for each day the violation continues, as well as criminal penalties and injunctive relief; and WHEREAS,Respondent consents to the factual findings made by the Commissioner herein for the purpose of supporting the terms of this Order,without either admitting or denying the truth thereof,and will not contest these factual findings in any enforcement action pertaining to this Order by the Commissioner or the State; and WHEREAS, Respondent desires to resolve the within DEC enforcement action through this Order on Consent rather than to continue litigation on the issues; and WHEREAS,the Department agrees to settle the within matter through this Order on Consent with Respondent rather than to continue litigation on the issues; and WHEREAS, after consultation with an attorney,Respondent affirmatively waives its right to a public hearing in this matter in the manner provided by law, and consent to the entering and issuing of this Order, agree to be bound by the terms and conditions contained herein. NOW,having considered this matter and being duly advised, it is: ORDERED,that with respect to the aforesaid violations, there is hereby imposed upon Respondent, a civil penalty in the sum of FIVE THOUSAND ($5,000)DOLLARS, of which sum TWO THOUSAND ($2,000)DOLLARS shall be payable by CERTIFIED CHECK,BANK DRAFT or MONEY ORDER and the remaining THREE THOUSAND ($3,000) DOLLARS to be suspended provided that Respondent strictly adheres to the terms and conditions outlined in this Order,including Schedule"A",the compliance schedule attached hereto and made a part hereof, and it is further ORDERED,that this Order shall not become effective until it is executed by the Regional Director on behalf of the Commissioner, and the date of execution by the Regional Director shall be the date of execution of this Order; and it is further ORDERED,that in those instances in which the Respondent desires that any of the _prpyisions,.term a or conditinns-of_this_Order_.be_changed,_they-shal make_wsitten_application,.set-... ..__. ting forth the grounds for the relief sought,to the Commissioner, c/o of the Regional Attorney, New York Department of Environmental Conservation,Region I, Stony Brook University 50 Circle Road, Stony Brook,New York 11790 - 3409;and it is further Page 2 of 5 ORDERED,that any change in this Order shall not be made or become effective, except as specifically set forth by written order of the Commissioner, such written order being made either upon the written application of the Respondent, or upon the Commissioner's own findings; and it is further ORDERED,that this Order resolves only those violations specifically articulated and described herein and in no way limits the Department's authority to enforce any other violations not described herein in the manner that the Department shall deem appropriate; and it is further ORDERED,that the terms and conditions of this Order shall not be construed to prohibit the Commissioner or his duly-authorized representative from exercising any summary abatement powers, either at common law or as granted pursuant to statute or regulation; and it is further ORDERED,that the provisions of this Order shall be deemed to bind Respondent, heirs, successors and assigns, and all persons, firms and corporations acting under or for Respondent; and it is further ORDERED, that the failure to pay any penalty amounts due under the terms and conditions of this Order may result in a 22% surcharge in recovery costs and a potential tax refund offset by the Department of Taxation and Finance; and it is further ORDERED,that for the purpose of insuring compliance with this Order, and with applicable provisions of the ECL and regulations promulgated thereunder, representatives of the DEC shall be permitted access to the Site without prior notice at reasonable hours and intervals in order to inspect and determine the status of the property, as well as access to relevant records in order to inspect and/or perform such tests as may be deemed appropriate to determine the status of Respondent's compliance. Dated: Stony Brook,New York Yhc.� -3 , 2007 . ALEXANDER B. GRA:NNIS Commissiheofvironmental Conservation By: PE A. S ULLY Regional Du ctor Esseks,Hefter& Angel,LLP 108 East Main Street Riverhead,New York 11901 Page 3'of 5 CONSENT BY BUSINESS Respondent,PARADISE POINT ASSOCIATION. INC., acknowledges the authority and jurisdiction of the Commissioner of the Department of Environmental Conservation of the State of New York to issue the foregoing Order,waives public hearing or other proceedings in the matter, accepts the terns and conditions set forth in the Order and consents to the issuance thereof and agrees to be bound by the provisions,terms and conditions contained therein. PARADISE POINT ASSOCIATION, INC. Respondent By: C�°✓a�-N^ Name: Ph?pj C.E KE !TT Title: Pre s I el e4l E- an individually dually authorized by the respondent to sign and whom may bind respondent to the terms and conditions contained herein. Tate: IT ACKNOWLEDGMENT STATE OF NEW YORK ) ss.: COUNTY OF "If ) On.the ! day of in the year 2007, before me personally came PfilgeG& A 6 1 TT to me known, who, being duly sworn did depose and say that he resides at 2AC) 6 f7 4t/4A,c Ny ,a that is the �i°L3l� F7 of PARADISE POINT ASSOCIATION, INC.,the business entity described herein and which executed the above instrument; and that he signed his name thereto with full authority so to do. Sworn to before me this Ada of u-u , 2007-- --- ------ ----- - ------ .._... --- . _.... _ Notary Pu lic DOLORES F.MARTIN Notary Public, Stateof New York Page 4 of 5 No. DIMA6132034 Qualified In Kings County Commission Expires August 22, 2009 SCHEDULE A COMPLIANCE SCHEDULE PARADISE POINT ASSOCIATION, INC. I. GENERAL REQUIREMENTS: Immediately, Respondent shall cease and desist from any and all future violations of the ECL and the rules and regulations enacted pursuant thereto. All submittals to the Department required under this Order shall be made by Respondent as follows: 1) One copy to: Legal Affairs,Region One,New York State Department of Environmental Conservation,Building Stony Brook University, 50'Circle Road, Stony Brook,New York 11790 - 3409; and 2) One copy to: Bureau of Marine Habitat Protection,Region One,NYS Department of Environmental Conservation,Building Stony Brook University, 50 Circle Road, Stony Brook,New York 11790 - 3409. II. REMOVAL REQUIREMENTS: Within ninety(90)days from the Respondent have conducted the following removal: date this Order is executed, Remove pilings and two dock structures and reduce and reconfigure remaining structure, all as shown in the "Site Map"dated April 17, 2007,prepared by Inter-Science Research Associates, Inc. Provide Town Trustee approval for the modification to the prior Trustee-approved plans. M. RESTORATION REQUIREMENTS: No restoration required. Page 5 of 5 Paradise Point Association C/O Patrice Keitt 320 East 57t" Street New York, NY 10022 917-297-4714 RE: Trustees Permit No. 6209 dated September 21,2005 as amended on July 24,2007 Dear Trustees: I am writing on behalf of the Paradise Point Association and the above referenced Permit (the "Permit") to request a one-year extension from the expiration date of September 21, 2007 at the August, 2007 meeting of the Trustees. I am enclosing the $50.00 check we were advised is required. As you know we have been subject to protracted litigations for some time relating to the docks that are the subject of the Permit. As you also know the Trustees approved the minor amendment to the Permit that was requested by the DEC in its Consent Order (a copy of which has been provided to the Trustees) only last month in the July meeting, for which we are grateful. As we have also indicated to you, we have had the new fingers of the dock built and our contractor is holding them in storage. Our plan to immediately move and reconfigure the dock was frustrated by another lawsuit by the Zupa's challenging the DEC Consent Order and subsequently a Judge issued a TRO stopping us from proceeding with the reconfiguration until the DEC issues a permit (as opposed to the Consent Order). While we hope the DEC will act swiftly as they already have all the required documentation and have clearly indicated their approval of the reconfigured docks by issuance of the Consent Order, it is possible that the DEC administrative process will go beyond the expiration date of the Permit and we therefore request an extension. As you also know, because of all of these delays none of the Paradise Point members have been able to use the docks for the entire summer. In addition, as we have already invested in the construction of the new dock and have engaged a contractor to move and install it, we will install them immediately upon receipt of the DEC permit and the lifting of the TRO. Thank you and please let me know if you require any additional information. Sincerely, p E C E I V E Patrice Keitt D President AUG - 6 2007 So AM Town Board of Trustees James F. King, President ��Of sooryo Town Hall Jill M. Doherty,Vice-President 53095 Route 25 Peggy A. Dickerson P.O. Box 1179 Southold,New York 11971-0959 Dave Bergen G Q John Holzapfel � �� Telephone(631)765-1592 Nr+,��' r rBOARD OF TOWN TRUSTEESJUN 2 9 207 TOWN OF SOUTHOLD Southold sown Board of Trustees APPLICATION FOR AN AMENDMENT TO A WETLAND PERMIT DATE 1V" a 2.9.e SdD? OWNER 'P "I)tfg lb-.T ASS /. ZN'C PHONE W/ - 765- 9'033 ADDRESS PAS14 R0, $awMot.O ,1r•rl . AGENT jV"A) IA • =/tR1L PHONE 431 - 763"- 903 - ADDRESS 2AJO 40CSaV COAj $a4UA* 14•1 PROPERTY LOCATION BACIIJ 11*1%0 S6%4)4Q V TAX MAP NO. 5 C.TM IF O I — I -Ito .g) I/We fPJL*11St Ne+f AV- - INC . request an Amendment to Permit # G ZG4 to J+L#Q4TL`t AP4414 fM9 PNL 6 lclv4M FL,4*rS (1) 3x7,0 i(LI 3 d yo 1N 1k VIILVC fl•-,• TAAAL.LeL To INQ &h*A# / -041S ctlAtiiQ wNS �«r+og gy E VIAt"11s.1 OG 1W 1. Is W, Signed By: � Paradise Point Association c/o Patrice Keitt 320 East 57`h Street New York, New York 10022 January 19, 2006 To: The Board of Trustees Town of Southold Enclosed please find a check in the amount of$2,534 as payment for the permit fee for the Paradise Point Association dock permit issued by the Board in December. Please send the stamped permit to: Inter-Science Research Associates, Inc. PO Box 1201 36 Nugent Street Southampton,New York 11969-1201 Attn: James Walker If you need any other information from the Association,please call me at 212- 759-9795. Thank you, Patrice Keitt President, Paradise Point Association cc: James Walker via facsimile JAN 2 3 2000 MAILING ADDRESS: PLANNING BOARD MEMBERS OF so P.O. Box 1179Y JERILYN B.WOODHOUSE O�� TyOI Southold, N 11971 Chair o OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 MARTIN H.SIDOR 'O �� (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON �iYCOU,M'� Southold, NY n 11 Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING NG BOARD OFFICE To: Town of Southold Board of TMilON stee OF SOUTHOLD From: Mark Terry, Senior Environmental Planne LWRP Coordinator Date: July 18, 2005 Re: Request for Permit for Paradise Point Association S CTM#1000-81-1-16.10 The proposed action involves the in-place, in-kind replacement of an existing bulkhead 6' x 100 floating dock; three 6' x 20' floating docks; a 4' x 12' floating dock; a 6' x 40' floating dock and reset six existing pilings. The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, the action is EXEMPT pursuant to items A and B (below) of the Exempt Minor Action list. A. Maintenance or repair involving no substantial changes in an existing structure or facility; B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit; Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631) 765-1938 if you have any questions regarding the above. Cc: Conservation Advisory Council Heather Tetrault, Environmental Analyst EssEKS, HEFTER & ANGEL COUN39LORS AT LAW Ip8 EAai MAIN STREET P.O. Box 279 RIVERHEAD, N.Y. 1 1 901-02 7 9 WILL"W.E554KB (631)369.1700 WATER MILL OFFICE MARCIA Z. F{EFTER MONTAUK HIGµwAY STEPNEN R.ANGEL TEISCOPI[R NUN6ER(63U 369-2065 P.0.Box 570 JANE AN R.KRATz WATER MILL, N.Y. 11976 (631) 728.6633 WILLIAM POWER MALONEY CARM[lA M.DI TALIA ANTNONT C.PAzcA N ICA 0-STRUNK NANO/SILVERMAN LIsA J.Ross T„EOOORE D.SKLAR June 17, 2005 OF COUNSEL VIA I:ACSII IRZ 765-6641 Town of Southold Board of Town Trustees r=7Souftld Southold Town Hall53095 Route 25 P.O. Box 1179 Southold,NY 11971 Atm.: Lauren Standish Town of Trustees Re: Application of Paradise Point Association Dear Mrs. Standish: As you]mow we represent the applicant Paradise Point Association, which has an application pending before the Trustees. This letter is to confirm the applicant's request that the hearing on June 22, 2005 be adjourned to the next regular meeting of the Trustees. If you, or the Board, have any questions, please feel free to contact me. Thank you for your assistance. Vim' , AntbWf C. Pasca ACP/jc 2'd EPS'ON -130HU 83133H SX35S3 WcE2:E 5002'Lr'Nflf ESSEKS,BEFTER& ANGEL Counselors At Law log East Main Street P_O.Box 279 Riverhead,New York 11901 (631)369-1700 Fax(631)369-2065 PLEASE DELIVER THE FOLLOWING PAGES TO: Name: Lauren Standish Company: 'Town of Southold Board of Town Trustees Fax: 765-6641 From: Anthony C.Pasca Date: June 17, 2005 Subject: Application of Paradise Point Association Total Number of Pages(Including cover page) : 2 Comments- If there are any problems during this transmission, please call sender at: (631)369-1700. The dommmumomponyio9[Nx teumpy¢aoamisrim wahin�enaarienvducbuao6aeotiol md/atleg[l�ypriv[le�ed.TDei�nmm®is lnemam mqfarrbevn o[ rba iadwiduelmmtigmavedw/N[mureminims�c Jfyw aro m[dm immd[d mwpima,yeuanbedymgfied tb,[my4slame[.mpyiep,dismbuliw arthe 4d®g cfmy mUa in mhmw w the mmm4 ditW *piedWbmutiaeis miaW"V*madu[dm dw=mb Wm"bs[ebmwdm ddsrhmimm[dioR*,Into rmnLifyoubm mived[bie Www in mob pla wdlyMbyml[phomh=*diOely- DA'M SENT: T216 SEND MTLAL& T'd EVS'ON -139NU 83133H SN3SS3 WdZZ:E S002'LT*wnr glaFFOL/( Albert J.Krupski, President ��� Cy Town Hall James King,Vice ti� Gym 53095 Route 25 -President P.O.Box 1179 c Artie Foster y = Southold,New York 11971-0959 Ken Poliwoda 0 Peggy A. Dickerson .f� 0� Telephone(631) 765-1892 Fax(631)765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only S11 (,,r LU-)r-e t01b1AS _Coastal Erosion Permit Application _/Wetland Permit Application Administrative Permit Amendment/Transfer/Extension .iReceived Application: (e—Received Fee:$ I. � kj-.i D C 0 --Completed Application _Incomplete I _SEQRA Classification: APR 2 2�05 Type IType II_Unlisted 2 _Coordination:(date sent CAC Referral Sent: Southold Town Date of Inspection: 11 O Board of Trustees _Receipt of CAC Report: _Lead Agency Determination: Technical Review: _ Public Hearing Held: S / Resolution: Name of Applicant Paradise Point Association,Inc. Address Patrice Keitt,300 East 56th Street,Apt 29G,New York, NY 10022 Phone Number:(917,1 297-4714 Suffolk County Tax Map Number: 1000 - 81-1-16.10 Property Location: Basin Road Southold,New York 11971 See provided vicinity maps (provide LILCO Pole#, distance to cross streets, and location) AGENT: Inter-Science Research Associates,Inc. (If applicable) Address: P.O.Box 1201,36 Nugent Street,Southampton,NY 11969 Phone: (631)283-5958 C "0 Board of Trustees Application GENERAL DATA Land Area(in square feet): 78,408 square feet Area Zoning: R-80 Previous use of property: Unknown Intended use of property: Paradise Point Association,Inc. Boat Basin 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? ✓ No Yes If yes,provide explanation: Not applicable Project Description (use attachments if necessary): Marina revitalization per provided plans and specifications. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Boat Basin for Paradise Point Association,Inc. Area of wetlands on lot: 78,408 square feet Percent coverage of lot: 100 Closest distance between nearest existing structure and upland edge of wetlands: 0 feet Closest distance between nearest proposed structure and upland edge of wetlands: 0 feet Does the project involve excavation or filling? No ✓ Yes If yes, how much material will be excavated? cubic yards How much material will be filled? * cubic yards Depth of which material will be removed or deposited: -6.0 feet Proposed slope throughout the area of operations: 1 on 3 Manner in which material will be removed or deposited: *existing fill will be used. Bulldozer to stabilize fill. 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): None anticipated. Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Are wetlands present within 100 feet of the proposed activity? No Yes Does the project involve excavation or filling? No Yes If Yes, how much material will be excavated? (cubic yards) How much material will be filled? (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) Boa 0of Trustees Application • AUTHORIZATION (where the applicant is not the owner) I Patrice Keitt residing at 300 East 56th STreet (print owner of property) (mailing address) Apt 29G , NY , NY 10022 do hereby authorize Inter-Science (Agent) Research Associates , Inc . to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner' s signature) 8 AUTHORIZATION LETTER TO WHOM IT MAY CONCERN: Please be advised that Inter-Science Research Associates, Inc. is hereby authorized to submit permit applications, as necessary, for the Paradise Point Association, Inc. project located at Basin Road and Southold Bay, Town of Southold, Suffolk County, New York. Signed: �dlYit'e L`• [l� /�refldti!(^ Paradise Point Association, Inc. Basin Road Southold,New York 11971 Frankamarante Sworn to before me this d day of Notary Public, State of�Icw 1'�: : �n /0 - 2004 No.24-4995829 Qualrfied in Kings County Commission Expires C;Iay 4, :`o o otary Public) H:Uvlm ffomsW rni I.WPD Ard of Trustees Applicatioro County of Suffolk State of New York PiA-1-IQ.t C e C VC ITT 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/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 A.ND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S),IF GRANTED. IN COMPLETING THIS APPLICATION,I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S),TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION.Signature SWORN TO BEFORE ME THIS ad -DAY DAY OFI BA�,2o0�j- FrankAmararte Ac;ary Public, State of New No.24-4995829 QuaHfied in Kings County Commission Expires May 4, 200 Notary Public ADJACENT PROPERTY OWNER LIST For - PARADISE POINT ASSOCIATION, INC. - Situate Southold Bay and Paradise Point, Town of Southold Suffolk County,New York 1000-81-1-7 Edward V. Boyd J. Cedar Beach Road Southold NY 11971 1000-81-1-8 Patrick J. &Donna Mortimer 10 Westmoreland Drive Hicksville NY 1 1 801-1 627 1000-81-1-9 & 10 Henry C. Elfers Paradise Point Southold NY 11971 100-81-1-13.1 Victor J. and Mary S. Zupa 719 Weed Street New Canaan CT 1000-81-1-16.3 Richard Makeley 1314 Smithtown Avenue Bohemia NY 11716 100-81-1-16.7 & 16.8 J. Lane Curry & Gilman Hallenbeck 13 North Street Greenwich CT 06830 i • 1000-81-1-16.10 & 16.11 Paradise Point Association, Inc. Robinson Road Southold NY 11971 1000-81-1-16.12 Stephen J. Perricone 1930 Leeward Drive Southold NY 11971 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Nar,Re: Address: STATE OF NEW YORK COUNTY OF SUFFOLK James L. Walker residing at 54 Center Avenue Southampton NY 11968 , being duly sworn, deposes and says that on the t day of May 20 05 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 Southold; that said Notices were mailed at the United States Post Office at Southampton that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this / Day of � 20Q� Notary Public NOTARY PUBLIC,StRt of New York Qualifies m Suffolk Countya Commission Expiros July i c;tJ •eiy, aoei v.. type 1 R—SCIENCE RESEARCH ASSOC. , IN RECEIPT QOX 1201 xtreFee) ❑Yes CERTIFIED 71000000001000004508 SOUTHAMPTON, NEW YORK 11969 FROM: 2.Article Numbef Inter-Science Research Assoc.,ini RE'.Paradise Point Assoc..Int 7100 0000 0010 0000 4508 SEND TO: �1 vSl atur (OAddres IIIIII IIIIIIIIIIIIII IIIIIIIIIIIIIIIII III I I Patnck A8'�/Yiffart n N low jy B. Received By: (Please Firk Clearly) 7100 0000 0010 0000 4508 Hid 111 27 6w `ry»� o ! t t lc ram. rn C.Date of Delivery 1. Article Addressed To: Poe FEES Cedif eFee 5 2.30 D.Addressee'► stsem0.neere .. hrs PATRICK J• 8 DONNA MORTIMER Special US?S 10 WESTMORELAND DRIVE Restricted �H Receipt 1.75 ....YR... . ..................... HICKSVILLE NY 11801-1627 -SseoiMiry�Ele. % »Pdiw LNedYI TOTAL $5.11 POSTMARK OR DATE "-o-:iw;:i.Faeia.:........................................................ ---....................-_...............a..-_ _ ----. ..-.-.....------_ CIIY teb ZIP�e Cab 1 INTER—SCIENCE RESEARCH ASSOC- , INC 4.Restricted Delivery? &Service Type RECEIPT PO BOX 1201 (Extra Fee, ❑Yes CERTIFIED 7100 0900 0010 0000 4539 SOUTHAMPTON, NEW YORK 11969 FROM: 2 Article Number Inter-Science Research Assoc..In, I - 7100 0000 0010 0000 4539 RE-Paradise Point Assoc.,InL i Richard Y ..( B. ReoelYed eY( (Pdd esP in CI a e ' II I I II III II I II I II III IIIIII IIII II I I II I III , Ell SEND TO: ��, , �Y X �q ,�r r� 1 A 'Bone 117 95a t2(CGQ �JT,I � ` 7 71E1 , 0000 0010 0000 4539 k ti [[ C.Date of Delivery / 1. Article Addressed To: t FEES: �QJ 5 _ J Posts .ab D.Addressee's AddreursommetPmaAea...w.ags.evM RICHA�':.MAKELEY Sppeciatl a US?S" 1625,,ASYCAMORE AVENUE Resmoted _ _ BOHEMIA NY 11716 Receipt 1]5 - ....Apt .... I.ma.....Po............. �Secenlary AaErii��l Suite I Ap1.TFknr I%sea•Pdrtl LNedy) TOTAL $5.11 . ............................................_---......--...--......--------- POSTMARK OR DATE 'Ii.tiv.ry Aeer•e• ................................................... .......................... City slate 21P:4coae l RECEIPT RECEIPT RECEIPT 7100 0000 0010 000 4W 7100 0000 0010 0000 4522 7100 3000 0010 0000 4553 FROM' FROM: FROM: inter-Science Research Assoc.,ini IntefSdence Research Assoc.,Ini Inter-Science Research Assoc.,int RE:Qaradise Point Assoc.,Inc RE-Paradise Point Assoc..Ins; RE Paradise Point Assoc.,Inc. Y"ON NY\ S •,, f'2 SEND TO: SEND T O H 14P� `�' victor,l,and Mary S.zupa Par "\ ivy f 9 McltirA,VI� incea 4565 P nt Road Ro o�((��spcit 19eaeoci r�07[450 S 1 P. 1466y' .) NY 119'k - Al FE I FEE C Pos USQS t06 y stage. .06 Post p�! Certified 2.30 nlfee P .30 Cedif Special 5 ial Vs pecial Restrcted Res ed S Resin 1 Receipt 1.75 ep USPS 1,75 Receipt 1,75 1 TOTAL $5.11 TOTAL $5.11 TOTAL $5.11 + POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE I -SCIENCE RESEARCH ASSOC• , INC ° Je^Ica type I RECEIPT P X 1201 tre Fee) Yes CERTIFIED 7100 oo .0010000o 4515 SOUTHAMPTON, NEW YORK 11969 --� FROM: - 8 Article Number Inter-PIhrrce Research Aaaod.,Inc RE:Pa.Mise Point Assoc.,Ire 7100 0000 0010 0000 4515 Add St ev SEND TO.%''i 1�PIP • '� red@. (° _ y) nr) IIIIIIIIII1111111 IIF N4 NVP0at171 N� (Please e-(�_ 7100 0000 0010 OOOD 4515 � C.Date of Delivery O/ 1. Article Addressed To: FEE i7�MV .7 Post is Cedifi Fe 2 O.Addressee's Address(pPSM•r•Fm•gadwwUMaya«,ad STEVEN T• li ANDREA KOLYER Special �SP$Restricted 24 GRAMERCY PARK SOUTH, APT- 3E Receipt 1.75 . ... ...................... ... . ........................... NEW YORK NY 10003 9eoondary Address I e tic I Apt."I Flow Iw:ww Fdnt Cisedyl TOTAL $5.11 POSTMARK OR DATE .........................................._.............. .............................................dfii ........................... uV alo: nv:•c•ee 4. Restricted Delivery? e.Service Type INTER-SCIENCE R'�ftl' ASSOC• , IN RECEIPT PO BOX 1201 (Extra Fee) Yes CERTIFIED 7100 0900 0010 0000 4560 SOU'THAMPTON, NEW YORK 11969 FROM: I I 2 Article Number I , I E:Paradise Research Assoc.,Inc �I 7100 0000 0010 0000 4560 RE:Paradise Point Assoc.,Ioc: p��Ny` A. Sig u e: ddressee or n0 II I I II IIIIIIIIIIII II I IIIIIIIII IIII II I III SE 1/�dA A P. BOX 41P ""• e D B. a iv d By: (Please Print Clearly) Ma ituckNv 952 0"0 7TiFtil 0000 0010 0000 4560 zWS I C.Date of D��aJ(v/�F/y / 1. Article Addressed To: FE —! ' � q 1 PCs SP$ 1.0a I p Addressee'sAddre86(tlesM•NFmngdOnrFep]GyB•ndNf STEPHEN J • PERRICONE Cedme 2.30 SPecial P.0• BOX 41 Restricted Receipt 1,75 ' Sd:dnd:iy "Aq'I Flodi(Plu:�"]Mrd cl:drly) MATTITUCK NY 11952 TOTAL $5.11 ' POSTMARK OR DATE """ ."................................................... I �Yiai::ry'�eei::: I , cur sla6 zlv.4 cads I 1 -- -- —-- — -- --- I . o...n..ed n•nvgrv9 I a.Service Type Ti INTI � i RECEIPT PO I TIFIED 7100 0000 0010 0000 4485 SOU'. 7100 0 v 010 0 4485 =ROM: InE:Paradise Research Assoc.,Inc RE:Paratlise Point Assoc.,InG - '�jI I i A. Signa Addressee or❑Agent) II IIIIIIIIIII 11 III ' 3EN @'A NY ,r96 X i 0*1) IIII �ma,q�y_�� Bs►ry9�ioad "P14 e. Received By: (Please Print Clearly) 7100 0000 001O�i,CJDi+, 485 old 1A0��-1971 L"� C.Date of Delivery 1. Article Addressed To: -EES: p�j Ces�ed Fee us` 230 D.Addressee's Address(pw,twswF.Adrw.a.•dMsswd EDWARD J • BOYD Special CEDAR BEACH ROAD, BOX 1468 ResMpee I ReceiPl 1.75 9d:diM:ryAedrm/Suite I Aq.I ilodr(Pl::n SOUTHOLD NY 11971 t PoN Clwdy) I "OTAL $5.11 POSTMARK OR DATE -'o:iivdiy-:dd:::: .......................................................... .............._.............................iiw, ...........-.............. City slat• 21P H CON 1 . , �SUFF0j/( Albert J. Krupski, President QG Town Hall James King, Vice-President /�'1Q 1 53095 Route 25 Artie Foster H P.O. Box 1179 Ken Poliwoda Southold, New York 11971-0959 Peggy A. Dickerson 'yf�o QQ� Telephone (631) 765-1892 Fax (631) 765-W9 66Y/ i BOARD OF TOWN T)iUSTEES TOWN OF SOUT OLD i BOARD OF TRUSTEES: TOWN OF SOUTHOLD ~ -------------------------------------------------------------- In the Matter of the Application l of --E /]q&W-�---&9A---0A)d__r COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING James L. Walker 54 Center .Avenue I, , residing at Southampton NY 11968 being duly sworn, depose and say: That on the 4thlay of May 2005, I personally posted the property known as Paradise Point Association by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held (/Jam/, —7 on Dated: e . (si ature) Sworn to before me this I g 7 day of ff��200 S_ Notary Public DIANE E.ERMN NUrARY PUBLIC,State of New York No.01 ER5062660 - Qualified�n Suffolk Cou, �UV,6 Commission Expires July 1 May-24-05 01 : 25P Int� •-Scienc® 631 5974 P.01 INTER5CIENCE KE,ILAKi.HAYSUC.IAII !, It:'. May 24,2005 - Via Telefax Only- Albert J. Krupski,President Board of Town Trustees Southold'Town Hall P.O.Box 1179 Southold,New York 11971-0959 Re: Paradise Point Association Suffolk County Tax Map Number 100"1-1-16.10 Dear Mr. Krupski: Enclosed please find the completed Short Environmental Assessment Fornt Part 1 which is submitted pursuant to the instructions of the Board of Town Trustees. Should you have any questions regarding this cover letter or tile project in guncral,please do not hesitate to contact this office. Thank you fiir your prompt attention to this matter. Re ectfully suubbmittped, (� J es L. Walker PNn cipal Planter JLW: jiw enclosure copy: Patrice Keilt ridPardinPoh#TQSFII r•TTFRU9ww.s.wPd 1'. Si ::illli I Bi1F I)(!I • in IJI",I,NI $I RLLi • SIAJ I H:IP1P'r0P4, PIF'A (,)It n. :IW.') I!i - on dbl n'Ah !A I nr,.'wr1 May-24-05 01 :26P I —Science 6 83 5974 P-02 617.20 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. APPI ICANT/SPONSOR 2. PROAECI NAME Paradise Point Axwciatlon,Inc. Marina Rcvitalizatiun a. PROJECT LOCATION: Municipality Tuwn ul Suulhuld County Suffolk County 4. PRECISE LOCATION(Street address and read intersections,pmminent landmarks,etc.,or pmvido map) Ilasin Road-See Su Ilolk Courtly Tax Map,United Slates Geologic Survey,and Hagstronl Atlas 5. PROPOSED ACTION IS: ❑ Nuw ❑ Expansion ✓❑Mndifipalion/alleraflon 6. DESCRIBE PROJEOr UHILFLY: Marina lcvitalizalion per supplied plans. 7. AMOUNT OF LAND AFFECTED: Initialty LS erred Ultimately 1-8 acres IT. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? z Yes nNo If No,describe briefly Not applicable 9. WHAT IS PRESENT LAND USL IN VICINI TY OF PROJECT? Z Residential ❑Industrial ❑Commercial ❑AOriculturre ❑ ParidForestlOpen Space Other Describe: Paradise Point Asswialiun-Bout Basin 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAI..,STATE OR LOCAL)? �✓ Yes No If Yes,list agency(s)name and permillapprovals: ACOF,NYST)OS,'I own of Sourhold 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PFRMIT OR APPROVAL? ❑ Yes P No If Yes,list ayancy(s)name and pennitlapprovals: Not applicable 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION7 Yes ❑✓ No Not applicable I CERTIFY TI IAT THE INFORMAI ION PROVIOLD ABOVE IS TRUE TO THE RtS I Oh MY KNOWLEDGE Applicantlsponsor : James L.Walker,Principal Planner Data: ,Ip. Sipralura: 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- IMPACT ASSESSMENT o be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAR Yes E] No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.69 If No,a negative declaration may be superseded by another involved agency. ❑ Yes No 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 pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: No C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: Na C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly 0a C4. Acemmunity'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: 1io C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: 100 C6. Long term,short term,cumulative,or other effects not identified in C1-05? Explain briefly: �0 C7. Other impacts(including changes in use of either quantity or type of energy? Ex p lain briefly: �1 a D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CEA)? ff yes,ex lain brief) : Yes ®No E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: Yes ®No PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important orotherwise significant. Each effect should be assessed in connection with its(a)setting(i.e. urban or rural);(b)probability of occurring; (c)duration;(d)irreversibility;(a) geographic scope;and (f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes,the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed actin WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi determination. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer( different from responsible officer) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the)art of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Paradise Point Assocation, Inc . (Last name,first name,middle initial,unless you we applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Varimce Change of Zone Approval of plat Exemption from plat or official map Other Board of Town Trustees Permit (If"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest.`Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the sbares. YES NO XX If you answered"YES",complete the balance of this form and date and sign where indicated. Nana of person employeAy the Town of Southold N/A Title or position of that person N/A Describe the relationship between yourself(the applicant/agent/representative)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%of 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 non-corporate entity(when the applicant is not a corporation); _C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Not applicable lit- Submitted this today of beu 200 Signature t ' Print Name PA f W-t C 6 C, k t r r— INTER-SCIENCE TRANSMITTAL TO: Albert J. Krupski, President Board of Town Trustees Southold Town Hall P.O. Box 1179 Southold,New York 11971-0959 FROM: James L. Walker Inter-Science Research Associates, Inc. Principal Planner 36 Nugent Street, P.O. Box 1201 Southampton, New York 11969-1201 (631)283-5958/(631)283-5974 FAX SUBJECT: Paradise Point DATE: July 20, 2005 U L 2 L .� MESSAGE: sol,u:,Id ���:n Rr . I-[ ][L.....PS I Regarding the July 20,2005 Work Session,the following sketches have been provided and each are summarized herein, as follows: 1. Alternate I. Original dock alignment with in-place, in-kind repair and replacement. 2. AlternateIlA. Tom outer pier. Create L-Dock with 4'x I 2'section which would be increase to 6'x 12'and result in the outer pier being 52'total length. Retain wood dock, ramp and float. 3. AlternateIIB. Turn outer pier. Create L-Dockwith 6'x20'section which would result in the outer pierbeing 60'total length. Provide mooring piles as shown to retain the existing number of boat slips. Remove wood dock, ramp and float. 4. Alternate III. L-Dock is moved to middle fixed pier catwalk. Finger piers on both sides of dock. Three(3)xerox copies of the plans are provided with an additional set for your files. The original color AUTOCAD drawings will be presented at the work session. Should you have any questions regarding this transmittal or the enclosures in general,please do not hesitate to contact this office. Thank you for your prompt attention to this matter. Signed: James L. Walker, Principal Planner Es eks, Hefter and Angel Copy: Pa�disc Point Association H:\Memos\Fo m\KmpskiTRANSM ITTAL07202004.wpd �INTEIK-5CIENCE RESEARCH ASSOCIATES, INC. ENVIRONMENTAL PLANNING & DEVELOPMENT CONSULTANTS RICHARD ERIK WARREN,AICP President June 13, 2005 Via Telefax/Regular Mail (w/attachments) - Albert J. Krupski, President Board of Town Trustees Southold Town Hall D C E � U E P.O. Box 1179 Southold,New York 11971-0959 ; JUN 1 4 2005 Re: Paradise Point Association Suffolk County Tax Map Number 1000 81-1-1 . outhold Town Board of Trustees Dear Mr. Krupski: Pursuant to the directives of the Town of Southold Board of Town Trustees,as expressed in the June 1,2005 correspondence to this office,this office has completed the Local Waterfront Revitalization Program Consistency Assessment Form. Ihave telefaxed a single copy and mailed out a formal set for your review. Should you have any questions regarding this cover letter or the project in general,please do not hesitate to contact this office. Thank you for your prompt attention to this matter. Respectfully submitted, JJ es L. Walker P cipal Planner JLW: jlw attachments copy: Patrice Keitt (w/attachments) E:\ParadisePoiul\TOSHLETTER06132005.wpd POST OFFICE BOX 1201 • 36 NUGENT STREET • SOUTHAMPTON, NEW YORK 11969-1201 • 631-283-5958 • FAX: 631-283-5974 Albert J. Krupski,President ��OF SO(/lyO Town Hall James King,Vice-President 53095 Route 25 Artie Foster _��� P.O. Box 1179 r f ed`_a a;.) '3, y;.)� j Southold, New York 11971-0959 4� Telephone(631)765-1892 COUNN Fax(631) 765-6641 Wh OARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 1, 2005 Dear Applicant: On May 10, 2005 the Town of Southold Local Waterfront Revitalization Program (2005) became effective as legislation. Please be advised that the action is now subject to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code. Pursuant to Chapter 95, please complete the enclosed Local Waterfront Revitalization Program Consistency Assessment Form and submit it to this department no later than Wed., June 15, 2005. Please contact our office if you have any questions regarding the above. Sincerely, wle+-r'` �- ' Albert J. Krupski, Jr., President Board of Trustees Enc. Town of Southold • • LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries apd the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 81 _ 1 16 . 10 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of TrusteesEX- 1 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: r-1 Nature and extent of action: 4J Main Dock; Replace 61x100' floating dock; three (3) 61x20 ' floating docks ; 4 'xl2 ' floating dock and 6 ' x40 ' floating dock; and, reset six (6) existing pilings . SmallDock: Reset two (2) existing piings . Location of action: Parado Point Association , Inc . •operty • Site acreage: 2 . 4592 acres Present land use: Dug canal and boat basin Present zoning classification: —�6 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Paradise Point Association, Inc . (b) Mailing address: c/o Patrice Keitt 320 East 57th Street - Penthouse E New York, New York 10022 (c) Telephone number: Area Code �i)7 2 9 7-4 714 (d) Application number,if any: LA Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ® No E If yes,which state or federal agency? A CO E , NY S D O S & N Y S D E C DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes 0 No Not Applicable This project allows basic improvements to an an existing property owner ' s association doc a ows a ici of in rastructures . I t ma es 1ene 1 icia I use o has minimal adverse effects of development. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria X'O Yes ❑ No ❑-Not Applicable This site was developed many years ago as a dug canal and interior boat basin. Its istorica use as a prop association raclilty is a ene i o Attach additional sheets if necessary • Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria XCJ Yes ❑ No ❑ Not Applicable The project will not have any adverse impact on the visual quality of the area . It will revitalize an existing facility . In doing so , it will protect the scenic resources for the surroun TIng community . Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria X)0 Yes ❑ No ❑ Not Applicable This project will not cause an increase in condition for a sloped rock wall return at the end of the repaired bulkhead to minimize erosion. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -7Policies Pages 16 through 21 for evaluation criteria X uP Yes ❑ No ❑Not Applicable The proposed dock replacement will be completed in comp fiance wit t e Town o Sout o regu ations w is require t a U— replacement decking be comp ete wit non-treate um er, o ea in this aspect of the project . Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. El Yes ❑No fX Not Applicable The project is a simple in-place and in-kind replacement of existing floating docks and re-setting pi ngs . Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No Fx] Not Applicable Not applicable . Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III— Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No H Not Applicable Not applicable . PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III — Policies; Pages 38 through 46 for evaluation criteria. X❑ Yes❑ No❑ Not Applicable This project will provide for a continued use of waterfront land for Paradise Point Association, Inc . members . Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect*Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No X❑ Not Applicable No new water-dependent uses are proposed . Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No Not Applicable This project is a simple replacement in-kind an in-p ace o an existing facility . Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No Not Applicable No agricultural lands are involved . Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III -Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No T:-fl Not Applicable Not applicable. Created on 512510511:20 AM r ! INTEI-CIENCE • RESEARCH ASSOCIATES, INC. ENVIRONMENTAL PLANNING & DEVELOPMENT CONSULIANIS RIUTARD ERIK WARREN,AICP Rom.J—, May 12, 2005 Albert J. Krupski, President Board of Town Trustees Southold Town Hall P.O. Box 1179 Southold, New York 11971-0959 Re: Paradise Point Association Suffolk County Tax Map Number 1000-81-1-16.10 Dear Mr. Krupski: Enclosed please find an additional check in the amount of$50.00 payable to the Town of Southold which is submitted pursuant to the instructions of the Board of Town Trustees. Should you have any questions regarding this cover letter or the project in general,please do not hesitate to contact this office. Thank you for your prompt attention to this matter. Respectfully submitted, •U3� t Walker Planner JLW: jlw enclosure r copy: Patrice Keitt f� ;n 1 \ _ �' (7 E\Pa,adisePoim\TOSHLETTER05122005.wpd i i MAY 1 6 2'�"'`' ';��.: Boats eJ?r,� qas POST OFFICE BOX 1201 • 36 NUGENT STREET • SOUTHAMPTON, NEW YORK 11969-1201 • 631-283-5958 • FAX 631-283-5974 Apr-27-05 11 : 17A I v-Science 602133 5974 P-01 IN'TEr6CWNCE RESEARCH ASSOCIATES, INC. ENVIRONMENTAL PLANNING & DEVELOPMENT CONSUITANTS RICHARD ERIR WARRLN,AICP 1,•sn„u April 27,2005 I Albert 3. Krupski, President Town of Southold Board of Town Trustees l pPfl 21 2005 ,J Town Hall, 53095 Route 25, P.O. Box 1179 Southold, New York 11971-0959 Souti,ald Town Bnartl oS hustees Re: Paradise Point Association Suffolk County Tax Map Number 1000-81-1-16.10 Dear Mr. Krupski: The additional fees will be forwarded to your attention by separate cover letter. The Design Narrative has been enclosed for the town review and comment. It will also be provided to the New York State Department of Environmental Conservation, Army Corps of Engineers and New York State Departmentof State. The Design Narrative is based upon the surveyprovided by Young&Youngdated April 15,2005. It is noted that it shows the orientation ofthe docks as they are used by Paradise Point Association,Inc. During the winter,the floating docks are tied along side the main floating dock to j minimize damage. I I Please continue your review of this projrxt and let me know ifthere is anything clsc nuLxled for your review. Should you have anyquestions regardingthis cover letter or the project in general,pleasedonot hesitate to contact this office. Thank you liar your prompt attention to this matter. tJaess y submitted, I alker lanner JLW: j1w enclosures copy: Patrice Kcitt(wlcopy) V.TundisePnim PP.AT rROp??Mi.wpd POST OFFICE BOX 1201 • 36 NUGENT STREET SOUTHAMPTON,NEW YORK 11969-1201 - 631-283-5958 • FAX 631.283-5974 Apr-27-05 11 : 18A I r-Science 6.283 5974 P.02 - DESIGN NARRATIVE. - For PARADISE POINT ASSOCIATION, INC. Situate Basin Road, Briar lane and Robinson Road, Town of-Southold Suffolk County, New York PRF.PARE;D FOR: Paradise Point Association, htc. c/o Ms. Patrice Keitl 320 East 571f' Street- Penthouse F. New York, New York 10022 PREPARED BY: Inter-Science Research Associates,Inc. Environmental Planting&Development Consultants 36 Nugent Street, P.O. Box 1201 Southampton,New York 11969-1201 DATE PREPARED: April 2005 ####kWrtrtrtrt#+#Vy'KyV#####xk##MxxxxW*x*+k*####*+k*k#xxWxWxWxx+��W#######krtx##xWxW#*y This Designs Narrative was prepared to support the application of Paradise Point Association, Tnc, to allow the repair and/or replacement of the existing improvements at the Paradise Point Association, inc.property situate Southold Bay. The plans provided to the Southold Town Board of Town Trustees,New York State Department of Environmental Conservation, Anny Corps of Engineers and New York State Department of State include repair and/or replacement of existing improvements only. No changes in the sires and specifications of the existing improvements is proposed. No changes in the boat occupancy or configuration of the docks is proposed. The facility is Apr-27-05 11 : 18A I v-Science 69 283 5974 P.03 in need of basic repairs. The permit applications filed respectfully request approvals for the routine repair and/or replacement of the existing facilities shown on the project survey and plans so that the association may use the docks this season. Furthermore,the applications were filed after the town, state and federal regulatory agencies had reviewed the repairs to the existing bulkhead at the west jetty and issued the requisite approvals, After formal approval from New York Slate Department of State is received,it is anticipated that the bulkhead repair will be completed. This Design Narrative is provided to the involved regulatory agencies to provide a precise description ol'the work to he done at this facility. The work will he referenced to the Survey for Paradise Point Association, Inc.prepared by Young& Young dated April 15, 2005, as follows: Main Dock 1. 2'-7" x 18'-7" Fixed Pier Catwalk- No work is proposed or necessary at this time. 2. T-0" x 12'-0" Ramp Down -No work is proposed or necessary at this time. 3. 6'-0" x I(V-0" Floating Dock -All floats to be replaced at this time for the main dock. 4. Three(3) 6'-0" x 20'-0" Floating Docks-All finger piers to be replaced at this time. 5. 4'-0" x 12'-0"Floating Dock -To he replaced at this time. 6. 6'-0" x 40'-0" Floating Dock -To be replaced at this time. 7. Six (6) Existing Pilings to be re-set at this time. Small Dock 8. Y-0" x 27'-0" Fixed Pier Catwalk -No work is proposed or necessary at this time. 9. 2'-0"x 12'-0" Ramp Down- No work is proposed or necessary at this time. 10. 6'-0"x 20'-0" Floating Dock-No work is proposed or necessary at this time. 11. Two(2)Existing Pilings to he re-set at this time. NOTES: Replace all floats except small dock flout as noted above. Re-set all pilings. The alignment of the dock improvements is show„ on the provided survey. The work proposed is limited to Suffolk County Tax Map Number 1000-81-1-16.10. The work can be completed from a work barge located in the boat basin. All deliveries can he provided from Briar Lane to the west jetty. This parcel is owned by Paradise Point Association,inc, and is referred to as Suffolk County Tax Map Number 1000-81-1-16.11 as shown on the Suffolk County Tax Map location map provided with the original application materials. Paradise Point Association, Inc. also owns Suffolk County Tax Map Number 1000-81-1-16.5 which is a small parcel located on Robinson Road. All work will be done in conformance with Town of Southold Board of Town Trustees,New York Slate Department of Environmental Conservation, Army Corps of Engineer%and New York State Department of State standards. _u5 11 . 18A I*r._Scfence 640 283 5974 P-04 lion following permits and approvals are required [hr the proposed work at the paradise point y: Association, lnc. Property: "'own Of Southold- Board of'1'own Trustees Permit New York State Department a Environmental Conservation - Tidal Wetlands permit, Army Corps of! Protection of Waters Permit, Water Quality Certification ngineers-Section 10 Permit(Rivers and Harbors Act of 1899 Permit New York State Department of State-Coastal Consistency Concurrence All conditions of permits and approvals must he complied wino including Notices OfConunencement and Completion. All work will be done in accordance with the Board ol-Trustees policies. F'1Pand'SCP0iMf0CJ1PNA1(J1Xj7 .04Z7]W].", 7_1 I II it Scale: 1"=30' 0 0 do l Existing Docks to ,qr A ---- ---------------- --- be Removed I. 101 ' from Spring 1�) igh Tide to end ,- ' Earth Filled II ulkhead Jetty -1.3 -4.5 of Proposed Dock 0 Area:2,919 Sq. Ft -4.8 -4.9 Tie Line Along -5.4N Bulkhead *51 -5.3 \-4.0 -4.4 vv 0 * Existing Dock 4,1 1 N68 6.0 -3 7 3.6 -C I z s4 -1.9 S7 '29-54" -4.9 -1.0 A 3.3 -0.9 -3.33.2 arthen Road -0.2 -4.6 V 5.5 li .1.8 2.4 -5.3 Bulkhead and -0.9 -2.9 -0.0 -5. \ \ Shoreline Surrey -0.5 -4.7 z -6.5 --- Based on the -4.9 5.0 N34'13'29'W -5.9 <I Work of Others -4.6 14.55P -2.5 .8 -6.1 -5.4 ti N89'51'22' -3.4 -2.6 25.65' -6.0 6.0 .6 0 2S 53 -4.9 -6.1 -5.1 ,P -5.0 Tie Line Along -1 -6.0 Existing Dock Approximate -5.1\ -5.6 -5.2 High Water Mark r -0.5 -5.9 -6.4 -4.4 -0.9 513V -0.7 .6 -5.7 -5.8 -3.2 -2.6 -0.6 -3.2 -1.7 4.1ws� AHW -5.9 -0.4 -16.2 .6 -5.0 -0.7 -0.3 -0. -4.3 -0.4 -0.5 -0.5 -0.8 - -1.0 4.6 -6.3 -4.5 -1.6 -0.8 - .9 &V -4.3 Proposed Dock -6.3 -5.7 -3.2 -0.3 -0.6 -2.6 -4.2 -4.3 -6.1 -4.1 -3. -4.4 -0.4 Canal -5.0 -2.2 -1.7 -4.1 Alignment -6 Zisting D.cl, 0 -5.6-I.b -4.3 -3.5 _0 1 23 95' -09 -3 -2.7 -2.8 - .8 -2.8 -1.3 -4.0 -6.7 -------- -2.9 -4.0 14� -0.6 -6.3 -1.3 41, -1.5 -4.8 3.2 4-1 -3.8 -0.9 -00 Boat Basin -41 -4.4 -1.6 -1.4 -6.7 -0.9 al� -1.0 ALW-1.4 -5.1 -5.1 SIb -4.7 -3.4 -6.1 -0.3 -0.1 -4.4 -5.2 -3.0 AH"I_ -1.7 -5.1 -1.8 -2.0 -0.5 - -1.0 -2.2 -0.6 -0.0 -0.8 0.6 -- ---- ---- - - - Existing Bulkhead - Spring High Tide Line Existing Dock Paradise Point Association, Inc. Site Map D R A F T F 0 R D I S C U S S 1 0 N P U R P 0 S E S 0 N L Y Inter-Science Research Associates, Inc. Paradise Point Date: April 17, 2007 36 Nugent Street, P.O. Box 1201 Town of Southold pton, York 63 Suffolk County, New York E C E E APPROVED BY 631am 283-59 58New ax:F1 283-597411969-1201 JUN 2 9 2001 io South BOARD OF TRUSTEES TOWN OF SOUTHOLD Prepared for: Southold low" Paradise Point Association, Inc. Board of Trustees DATE 71gy1e7 This is not a survey c/o Ms. Patrice Keitt File: Kolyer, Andrea - Paradise Point 320 East 57th Street- Penthouse E ✓ /Paradise Point 041 72007.dwg New York, New York 10022 liD 2007, Inter-Science Research Associates, Inc. MACLIENTS\ParadiwPolra: nlycr,Andma\Pamdlse Pat04172007.dwg,2406 Full Site,4118/20074-45:10 PM, ohal,Oversize:Arch D dandsospe),1:1, inter-Science,Inc. 11 II � I I / - I O 1bp� lb Scale: 1" =30' 't _ `O ryprya� �Sp� 31 d 1 01 ' from Spring -- - - - - ---- igh Tide to end q�S Earth Filled -1.3 of Proposed Dockulkhead Jetty 'I a \ Area: 2,919 59 Ft A 9 Tie Line Along 54 hg"' Bulkhead �`\ \ - mq I \\ \\-4.0 I .3 h I .� \ -4.4 .5 O 41 n \ \\ 6.0 Existing Dod< o 1. N68°30'04'"E -01 i \ \ I -1.9 /S/72°29'54" I 3.3 V A _ Original I -10 _ / 4.07' -3.2 arthen Road ood Dock -0.2 \\ \\ 5'S 1. roposed i -1.833 yrv' 2.4 \ ' Bulkhead and -0.9 -2.91 1 N3413'29°W /3 -0.0 2.5 -4.7 Si i\ \\\ -6.5 -___ ------ Work _ S f5urve -0.5 _3.44.- 9 .2.6 'v, ... 2865122 14.55' .8 5.9 G.0 -6.1< -6.0 _.- -- - y 5.0 cP C \ AB Based on the of Others > 5.4 0eS 4.6 x053'- -6.0 \ \ -6'1 -5.1 Existing Dock L ' .5.0 Tie Line Along \ \ s� .. Approximate -5.)1\ \\ 5.6 ' I 5 2 High Water Mark r -0.5 -5.9 -G.4 \ \ / -4.4 -0.9 cF1� 5.7 �. / -3.2 -2.6 zd' __- o1's2wu�2_-_ -0.6 -3.21Jock % N3° -; AHW -6.1 -0.4 _ -0 3 -0 -5.9 -6.2 L .� -0.7 -4.3- 6 -0 -0.4 � -5.0 .5 -0.5 -0.8'. ��7z -tp -a6 �i.3 a.3 -s.7 -a.5 -1.6 -0.8 - & 4.4v 4 7 .6.3 -4.1 -3.2 -0.3 -0.6 -2.6 -4.2 -4.3 -4.4 New Floatln� Dock �7 -6.1 Canal -5.0 -2.2 .1.7 ^, p -4.1 4. 6E 0.4 N3*'uu's pG IeV-0 -2.7 Existing Dock -5.6 -2.6 -4.3 -3.5 -0.1 _3.9s' _p 9 -3.8`� 2"'4 -1 3 -2.8 .2 9 -4.0 - .8 .i' -2.8 -0.6 -4.0 -6.7 -6.3 -1.5 -4 8 -1.3 32 an. 1`° -3.8 -0.9 -0.0 Boat Basin -4.1 ,P -4.4�fF 1�4 -1.6 -1.4 -6.7 -0.9 -5.1 -5.1 �5{°a5xp� -a.7 zp'°5���� 1-0.3 ALW1.4 -3.4 -6.1 / -0.1 -4.4 -5.2 -3.0 - - AHW -1.7 ` _ i -5.1 -1.8 , 2.0 0.5 -1.0 -2.2 -0.6 -0.0 -0.8 -0.6 ALW _- -- -- - -.. _- - -- _ _ � Existing Bulkhea - - Existing Dock Spring High Tide Line ^b. oo. 0 S i i AC I t I i Paradise Point Association, Inc. I D R A F T - F O R D I S C U S S I O N P U R P O S E S O N L Y - Inter-Science Site Map Research Associates, Inc. Paradise Point Date: April 17, 2007 36 Nugent Street, P.O. Box 1201 Town of Southold Southampton, New York 1 1 969-1 201 Suffolk County, New York 631 2833958 Fax: 63 I- i d ry Prepared for: p This is not a survey Paradise Point Association, Inc. c/o Ms. Patrice Keitt MAY - [' 200 File:�- Paradise Point /Paradise Point 04172007.dwg 320 East 57th Street- Penthouse E © New York, New York 10022 i ' "� � 2007, Inter-Science Research Associates, Inc. MACLIENTMParadoe Point Wyer,Aadrea\Paradise PouA04172007.dwg,24x36 Full Slte,4/17/20W 11-49:03 AM,johns,Oversize:Arch D(landsmpe),19,1mor-Science,Inc. i 573° Young & Young 400 Ostrander Avenue, Riverhead, New York 1190f €y��� 631-727-2303 &� W Howard W. Young, Land Surveyor Thom" C. Wolpert, Professional Engineer WH3 � a. Robert C. Tast, Architect �� a Ronald E. Pfuhl% Landscape Architect # 9� N Douglas E. Adame, Professional Engineer I EARTH FILLED _ _ s BULKHEADED JETTY N \ rn 1 2 I N D 5�q°26'14„E I TOWN 2.78' HARBOR I (ALSO KNOWN f45 SOU7HOLD SAY PI I rym \ N86°I6'05"EI � m'D Q N68°30'04"E W E �PPR ZAZ WGH WATER 'I 1{ „I1.45' AS INDILAIEp ON'T1AP OF SECTION OF 1N, PAR 1`REPOINTATSA�IEWN ONE, 1Y0\4i� I 4.O>a2q' 'E lop - � € ens \ I �kK� 0u� LU 1.26' L \••\_ S yis >E Ln ° I O� It Sas r0 �. cn PoF E$ Re j Iasi Q0 I > pa I N s r I t o `� "0w a i f 1 rn I m <. /2j8 b Z�Pq y TI` 1 I Z_ gyp. 9 w� 1 N !m � 20 N U 6 u ° > m ,U A u w N \ Ib � -0 EL mRZ o Q °1 �3 O CL a L +-t \ APPRoxIMArS HIGH WATER p\�j I O 6 0 c 0 MARK OF 1969 A5 INDILATEp 0 \ oN^MAP OP srxnoN o g, O\� \ I in a d PARADI6E POINr AT BAw15w^ S� \ \S6S 00 • m U le N J1,`�S, \ \'\ \ \� ASPHALT ROADwnr '� S74°2q' 0„ m 6ti 764q Z \ <1 O0 I 9 N81°48'ITS 5j\ �F \ c` "ei�,M`n \'19.J \,• Ls N EARTH ROADWAY ,a AnAtp \ p36 N $ ° '�Dil ' ` \O\' O`0� \NL.PADS AK,°v`AI�NNrARK \. �j F p RHO \ .i?'3 586°53'22"E Po'L�'Tr� � "�r ho SAS/IV Stu° L / gage e C� 14.58' TMo Nam° mm IRO s-k \ \.\ m 161aa o80 ht g3 22„� 585°3q'ss„E 06, (1 �D N7861.0 �o,>F `� cp S �ry\ugh N'j2°�Og, , 22.7T 21.51' aam %;� NOTE $ / , (� N86°56'5q"E 9.7 ry rc 1 ab3.27, 02 9F• \ 01"� F3 1q°41'02 eI 1 — —-_.` $' yJ • PROPOSED DOCK LAYOUT AS SHOWN ON MAP BY I o$ \ p14° pp0' 3�R, N 2562 S74° U) INTER-SCIENCE DATED OCTOBER 11, 2005 T ' 12 Fs Exlsrw6 12 p N21°43'S6"W `�9•qb' / TO BE REMovED iJi.l SUBDIV1510N - "MAP OF SECTION ONE, PARADISE POINT AT ° lee �' , NEW 4'x15' FI%ED 4' V' II 53, 1 R� , PIER CATWALK Im BAYVIEW" FILED IN THE OFFICE OF THE CLERK OF SUFFOLK �€ N88°05"51.14 NEW 3'x20' FLOAT i / I' �� COUNTY ON APR. II, 1965 AS FILE NO. 3761. NEW 4'xI2' RAMP �W A EK1571NG INALK,RAMP,M'D / 'I•t qa Om I FLOATING DOCK TD 5E REMovED , 4i„N - Lot 5 • THE LINE OF THE LANDS UNDERWATER 5HOWN HEREON ARE NEW Bx40 F�0''^'�„I+f ' / � NOT CERTIFIED, AS WE QUESTION THE LANGUAGE OF SOME OF ^ `TJ- FLOATS - ,� Subdivision - "Ma of Section One, O / B/1C,IN _ I•,I},1' .; NEW 65a76' FLOATING DOCK p THE RECORD DESCRIPTIONS. Z I I �� �� i,'� /�. Paradlse Point At Bayvlew" O , ,II Suffolk county File No. 3161 now or formerly gym• �! NEWOAS .,,;.N I ,?' �� ry now or formerly (�� Ronald Hermance B 0 ^? / victor J. zupo t Mary S. zupo ENGINEER'S CERTIFICATION Kris Hermance O) 1160IINA�AUWKA DEECRIEeD - , EXI5TING WALK RAMP,AND 4) I ryp / F onn e DOCK TO RE REMo m N L. 11901 cp. q84 �O L. 12178 cp. 525 NEW KALK, RAMP, AND FLOAT �QaIlIP^j;l ��� NEwYo / Area = 2.45612 Acres / ro \ p / j / HIGH WATER MARK \ /' f) H-vE. INA / / , ALONG WOO 5 AD U) PPP/// ryH w / '�� LOCATED ONN NOV.V. 2,],1M4 I •\ I F�k,-,::n� �/ / I \••\ i/' HOWARD W. YOUNG, NY5. L.S. NO. 45895n m I •� THOMAS G. WOLPERT, N.Y.S P.E NO. 61463\n(j��'d�>�'�'3eb3 m m / Dx15TIN5 WALK,RAMP,AND DOUGLAS E. ADAMS, N.Y.S. P.E. NO. 806117 REMOVED Z �} // % FLOATING DOCK TO SE yy� `\ ,,,�`_ �•€,� l° in =e o \ .1 \ SURVEY FOR a �� s 10 Lot 8 4 ti36° ONp. tt NEW WALK, RAMP, AND FLOAT ,C'�/�'/ Subdlvlslon - "Map of Section One, \•.\ PARAD I SE POINT„ , I 1 Paradise Point At Bayview" /� �9 Q9 NEW WALK, RAMP, AND GH FLOAT u APPROXIMATE HI OUTER MARK OF IR69 W //��Suffolk County File No. 3161 \ /"�SSOG I AT I ON/ INC. ` AS INOILATEO ON "MAP OF SECTION ONE, Y9,Y j g PArzADI6E POINT AT BAYVIEW^ ry now or formerly \ At Bayvlew, Town of Southold s'• s k, EXISTN,61w,LK,RAMP,AND g mod/ Henry C. Elfers Suffolk County, New York PLOATIN6 DOCK TO 5E REMOVED j °mb\11` i — _.�,?� N \ L. 54211 cp. 52cl — _ .i'� _._.—.—.—._-- D�0�1 \ 1000 81 OI 16.10 j `>> — — —"— — — m�\ �ry1'e�' •\ County Tax Map oi°Mc01000 s°&w 81 EI°pk OI L°t P/O 16.7 Lop II wry @ 62.os' m°0f' \ APPROVED BY PROPOSED DOCKS % Subdlvlslon - "Ma of Section One, W aLKNEAD Paradise Point At Bayvlew" m ' N81°36'21"w gl.82' 31.21' U o N8B°u'31°w met \. BOARD OF TRUSTEES j Suffolk County File No. 3161 Lot 10 N8q°11'01"W p, R \ j O I Subdivision - "Map of Section one, p vp' Lot g TOWN OF SOUTHOLD now or formerly Z Paradise Point At Bayview" U Subdivision - "Map of Section One, \ DEC 2 C M05 Edward John Boyd, V I Suffolk County Flle No. 3161 �� N Paradise Point At Bayvlew" \ DATE 30 OS , Nt Suffolk County File No. 3161 DEC. 22, 2005 a.ea L. I18gT cp. 650 I now or formerly 1' MAP PREPARED Nov 25, 2009 kaa� Patrick J Mortimer b Donna Mortimer now or formerly a@ ' Henry C. Elfers genk O L. 11666 c . 545 ,� SCALE: I200 BP § b 0 MONUMENT 4T MONUMENT FWNp STAHE SET - Si.VfE FOUND - FEE FOUND I p JOB N0. 200 051 b 3 L. 542q co. 52q vwG. 2oo4_oo51_gD �� P .,NTI, L SURVEY OF PROPERTY EROSION AND RECIAMATION PLANTING PLAN BY SITUATED AT PUNTINGS BY THE SEA, INc AS REQUIRED BY N.Y.S.D.EC AND BOARD OF TRUSTEES BAYVIEW TOWN of SOUTHOLD �� lMJ u IS TOWN OF SOUTHOLD D ----- � �` � - BEACH GRASS SUFFOLK COUNTY, NEW YORK ®® S.C. TAX No. 1000-81 —01 — 1 6.7 JUL 1 BAYBERRY 7 20U7 ,I J - J SCALE 1 "=40' Southold Town - RosA RocosA JANUARY 7, 2002 BSBTN of Trustees JANUARY 29, 2002 REVISED LOT AREA NOTATION �4j✓l'1� - ROSA WICHURAIANA FEBRUARY 14, 2002 REVISED DRIVEWAY LABELS MAY 15. 2002 LOCATED WETLANDS h ADDED TOPOGRAPHICAL SJRVF° O JUNE 1, 20D2 ADDED SITE PLAN - ELAEAGNUS AUTUMN OLIVE AUGUST 5, 2002 REVISED WETLANDS LINE, SITE PLAN k ADDED TEST MOLE No 2 AUGUST 25, 2002 ADDED PROPOSED SEPTIC SYSTEM - LOW BUSH BLUEBERRY JANUARY 23, 2DO3 ADDED DRYWELLS k HAY BALES NOVEMBER 12, 2003 REVISED PROPOSED HOUSE JUNE 20G7 PEVISED TO SHOW PROPOSED LOT LINE CHANGE AT BASIN ROAD k UPDATED SURVEY FOR LOCATIONS OF NEW STRUCTURES S 89'23'08" E WAIF - CEDAR 21 63' LOT AREA INCLUDING THE 85LKHEAD AREA AT THE NORTHWEST PORTION OF - 75 687 36 sq. fi. - GROUNDSEL SHRUB THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES) 1.'/36 Dc z LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 72 747.53 SO. ft. o N THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS k TIE LINES) 1.6°70 Qc. m J 5 N O 4 8 i P CERTIFIED TO �£ CHICAGO TITLE INSURANCE COMPANY n P MARY S. ZUPA �h 8E Nlo� ?-G9'+? 50I -THOLD 4 AN _max (T°W,N' HABGRI 6 £/ WIc 'WIL H2r AAex g DETAIL OF '°PwAli : I p R OUTLINE OF PROPOSED flOSA Vz '� ,III. LLYj+° z'4J• N BB'a5'16 E -- - - - - 19],36' r"C CONVEYANCE TO PARADISE RocasA 'U` AIL \ �. +ew A POINT ASSOCIATION A o , ' e° 'u rt°wTH m:i"euc"" owisj" _- - -�� AREA = 5.869 sq� fl N �`I•S'71ti' k� p_ i14 em nn A-- TV be^S FACHGRASs WV. P n _ —_ r c z I_� oROF_E_ N[ 6 "' AD U, � ( vL.AAR Nua � , m. ;A, B Br v —ill. I.- RQSA H A 1 r-� nu. �. S = w,. a°c°sa -�--�, _i z .v. :m` -� N- - s RTSM1�e I: x Re. / �ilt��� .GStw Q. .,W.I `\., ,�` rr- -- - U, L TRz ,w< ,lyw �—x` a '3 +�¢,. ',>'z..,µ FN THL BA+BERRr -- B Q, Nu.` TCxSQC Ro�N I6ON TAeE6 aL R d4 JY. WL. �'�ALo 'I TIN 'VOL - - X0 BA�BERR- WIc�' ' WTI dI. I ,m iA AL w' ALL _ 'DRYPELL FOR ALL PROS Pro PRDPDSED OLO q z'a ROD, fYRIIPMEM WICFILRAIANA {B®yG dI.I EAYBERRIYr. LE Z n W4 fF°P ' GARAiE 1N - r-1 _ 2 ° RFTAININS �I •J �$�$M o �J VLL FE.A GO 5 AIL PRbKP5 PeW4 CEDYW O AR CRN€✓Nl. - i -bC _ _ _ O 4d -F DIA AOv EDRYPNE- M -- PROPOSED CONVEYANCE TO PARADISE POINT d'. Q-DLmE - ON BaoF' T ASSOCIATION DONE BY LOT LINE CHANGE TO BASIN ROAD �_ _ ,Jy„ -y, -_, _ ---_ AREA = AIL) sq it. \ , - T S ur J °NA"�xoALTLw =° -� o"W; ner - / 7�•24, (SEE TAIL)/ . A^+ub T PR1x0sm -�;P_ 7 ?O„ ' �A - =YRI BRA .+ 6.49. E res OWE De NIL, A, m iz _ `"V w.ww;NE _ __-_Tj_ �p� 'TI r ;P " `S n ,JwG '1„N WG A Nm NIpODe ��GIZBUNDSFI ' °kM.1,. ^qP ` \\ / W HUT aT L!\ �l _' NN NN u fm SH ' H uM TI °S F ILA A yam,. "°°mn z'N °Fw IT ' ne Y 0 byn Mn. A. i' N L w NFRF"Paz m ..\ 'FSA. • > - bo "I,-Vow, R "�o°u�No ccum.M'n`T�a.Eno.. . q� a AT""'IH e.~�N>' ',°�V 1>.y�'} cwc" �°" _NM"Ilr,o As navm mIr r rm •u° R, o,w N" .a xon N]/ S R p AG I� i, Am AerSc £ pINR� '�" -s°'° w� �. gW A °r .e3.e>• em"' `�� Et 5 6N'6y 40 d of �z1 49 ejg•• Awwm'NrI.W° Do S7,"y ham, rl.w A: _ ?). W 3 wr A f m s 'y I Re P Nn F�n BOAT BA,S'Iti i £ ✓ Nr, NOTES• 1 ELEVATIONS ARE REFERENCED TO N. DATUM �Y EXISTING ELEVATIONS ARE SHOWNN THUS: EXISTING CONTOUR LINES ARE SHOWN THUS: JI 3. FLOOD ZONE INFORMATION TAKEN FROM FLOOD INSURANCE RATE MAP No. 36103CO167 G y� ZONE AE BASE FLOOD ELEVATIONS DETERMINED by ZONE K'. MEAs OF 5D0-YEAR FLOOD, AREAS OF 100-YEAR FLOOD WITH AVERAGE DEPTH OF LESS PLAN 1 FOOT OR WITH DRAINAGE AAEAS LESS THAN 1 SQUARE MILE; AND MFAS PROTECTED BY LEVEES FROM 1DO-YEAR FLOOD ZONE K. AREAS DETERMINED TO BE OUTSIDE 500-YEAH FLOODPWN 3 MINIMUM SEPTIC TANK CAPACITIES FOR A I TO 4 BEDROOM HOUSE IS 1.000 GALLONS. I TANK; IF LONG, 4'-3" WIDE, W-7" DEEP ♦. MINIMUM LEACHING SYSTEM FOR A I TO 4 BEDROOM HOUSE IS 300 so, ft SIDEWALL AREA 3 POOLS: S' DEEP, B' Ala. Iy�Ry PROPOSED EXPANSION POOL PROPOSED LEACHING POOL PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABIJSHED BY THE LIA APPROVE BY D AND AOOPIED ®PROPOSED SEPTIC TANK FOR SU E YORN STATE LAND 3, THE LOCATION 01 WELLS ANO CESSPOOLS SHOWN HEREON ARE FROM FIELD TITL II TEST HOLES DATA OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. 6 THE STAKED MAY ALES k SILT RETENTION FENCE (TEST HOLE DUG BY McOGA'A 0 ^ Os n' ) 9i tAFTC SHALL BE PLACED BEFORE THE START OF ANY CONSTRUCTION. TEST H� TEST HOLE A,0 P ti (TEST HOLE DUG ON MAY I, 3002) (TES HOLE DUG ON JULY 22. 2002) lw A •n • ° °. mow. "° �� N.Y.S. Lc. No 50467 4 UNnUTHORIZED ALTERATION OR ADD71ON A a.L" - : 7 0 x. TD THIS EY IS A "Q P°" OF Nathan Taft Corwin III SECTION 29 OF ME NEW YORN STATE EDUCATION uw TH PIES °F THISURV SURVEY MAP NOT BGR'"G Land Surveyor THE SSE SURVEYOR'S INKED SEAL OR SI EMBOSSED SEAL SHALL MOT BE CONSIDERED i0 BE A JALID *RUE COPY CERTIFICATIONS INDICATED HEREON SHALL RUN _ ONLY TO THE PERSON FOR WHOM THE SURVEY " 15 PREPARED, AND ON HIS BEHALF TO THE Title Surveys - Subdi,BY,,5 - Sde PI0n5 - ConstrucfiQ, Loy0U1 m TITLE COMPANY, GOVERNMENTAL AGENCY AND .ENDING INSTITUTION LIVED HEREON, AND TD THE ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-2090 Fox (631)727-1727 TU7ION CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHTS OF WAY OFFICES LOCATED AT MAILING ADDRESS AND/OR EASEMENTS OF RECORD, IF 322 ROANOKE AVENUE P.O, BOK 1931 ANY, NOT SHOWN ARE NOT GUARANTEED. RIVERHEAD, New York 11901 RlverheOA, New York 11901-0965 21-619J1