Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
TR-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. DiPVI'e DiSG LVO Sout►noLc{ TOWV1, Trustees 54.3 j 5 Ro ute 25 P.o. gox 1179 SouthoLc{, NY :.:97:. (C'3:Q j C 5 :LR 2 (632) 7005-664:L 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 1 Glen Goldsmith, President Southhold Trustees P.O. Box 1179 Southold, NY 11971 Cc: elenn( (a-soutlioldtowiiiiy.eov diane.disah oLd,town. southold.nv.us Dear Mr. Goldsmith: FEB 2 5 2020 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 43180 PawdlcCPoitll Road Sourhold,vv 11971 i 0 Glen Goldsmith, President Southhold Trustees P.O. Box 1179 Southold, NY 11971 Cc:lg enng@a,southoldtownn.Rov diane.disalvo@town.southold.n .esus 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. 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, IVY 11971 I .: . S. Cantrell, Elizabeth From: Sent: To: Subject: Attachments: Please see the atached letter. Mary Zupa <mzupa@optonline.net> Friday, October 24, 2014 9:28 AM Cantrell, Elizabeth Letter to Trustees from Mary Zupa Oct 24 Letter to Trustees.pdf MARY S • dJ W,.1 PA 580 BASIN ROAD SOUTHOLD, NY 11971 631 765 6112 October 24, 2014 Via email elizabotli.(,ruitrell@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, 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 ori the docks and in the wetlands areas located ori 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 he 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 DI:C 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. 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 631-765-6112 MAR 2 5 2015 t � 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 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 /A I - Mary S. Zupa Members -Present Paradise Point Association Annual Meeting Minutes July 7, 2012 E C C AUG -62012 Southhold Town Board of Trustees 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 I�14i AUG - 6 2012 ]' LLJ during the off season when many residents are away. Individual homeow rs c uld in addi ' n aS-t#ei own option and expense contract with the service to periodically check on heir home Sauthhold Tovan t'�ard of Trustees James Alberi raised a concern that the prescriptive easement leading from the end-lof Basin Road to the iurnarouna at the West Jetty was overgrown making it difficult to walk to the West Jetty., A discussion -_ensued 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 andlandscaping 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./ 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 Michael J. Domino, Vice -President James F. King, Trustee Dave Bergen, Trustee Charles J. Sanders, Trustee August 20, 2014 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 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: • Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 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- IF"% 6A*J_= John M. Bredemeyer III President, Board of Trustees JMB:amn • John Bredemeyer, President #UFF94 Michael J. Domino, Vice -President �0 cOGy� James F. King Charles J. Sanders • Dave Bergen Date/Time: • Town Hall Annex 54375 Route 25 P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Work Session Report 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 Type of Application: Wetland Coastal Erosion Administrative Emergency Pre -Submission Notice of Hearing card posted on property: Yes Storm Water Management Review: Yes Info needed: Modifications: Conditions: Present Were Bay Constable Chapt.111 other Amendment Violation No Not Applicable No Not Applicable J. Bredemeyer M. Domino J. King C. Sanders D. Bergen Form filled out in the field by Mailed/Faxed to: Date: Other �} � �~ .��x ', t� yp'�.;'l 'a �' � y`"d��t',f }. ,,y, ,* ", � i - yr 1�`% �.^• t � :r. ?yam, y. _Yy }..'i♦"'�,Y[ z1�7'�a,. `� �#� t. � ... '� . "�. - +, � S� rz/ IPP+.; * t / +a-' � v+ � � � �• 3 L: I�G `' �s� �� e i♦ p C! a 'u.e f, JL IL 44 '� x " -• y:. + '" } �" " �'; � ' ''% ' �, yam+.. Am AA t 71, �I F l 1 n James F. King, President Jill M. Doherty, Vice -President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. July 24, 2007 • BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 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 % . _,A- . 0 5 -r • Paradise Point Association, Inc. Site Map Toh.,o�suaim SuNAF .Y.—,.k D 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 1 IntevScience RseaFcfi P.O. m w"'�pe"—rak I;96 1- °`°" 63, zays9se F: u, iE3-59)l &.ATE Thke nalasrvcyFie: Kl Fw, Aadea-PYad' ibi,i IParad's PoiNbt O301V.dwg Fr.vaF, F,n.rm,mlz ,.,oe.,n.r�...r...........,..o,,,am.sK,e.rr«.om,e,.w,..� , i�..s..e im.a.wma+•. � w�woF...�i.:,..►,�..,_ 00 Board Of Southold Town Trustees SOUTHOLD, NEW YORK 6209 DATE: ...Sept• 21, 2005 PERMITNO.........._ .................. PARADISE POINT ASSOCIATIONa� INC. ., ISSUED TO - _ Pursuant to the provisions of Chapter 615 of the Largs 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- 40led.!"REGULATING -AND THE.-PLACING-OF:.QBSTRUCILQEdS IN AND ON TOWN WATERS AND PUBLIC LANDS and' -f-6 j REMOVAL OF SAND, GRAYER' OR OTHER MATERIALS -FROM LANDS .UNDER TOWN* WATERS;•..'. and in accordance wif the Resolution of The Board adopted at a meeting held on . Sept_. '2 .1_,.. and in consideration of the sum of x.....250.00 paid by Paradise Point Association ., Inc. .............. ........ ......................... _.... _................_.............._......_..................................... o. of ..........5o1Ci}old........................................................ N. Y. and. subject a the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits thl following: the northwest Wetland Permit to reconstruct the existing.dockin8 facilityand a 6'X76' floating northwest consisting of a new 4'X15' fixed catwalk, 4'X 12' ramp, with three finger floats consisting of one(l) 3'X20''float and two (2) 3'X 40' floats, with the condition the two docks to.the west ng are dated removed, Deca d all as - 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 Trusstoserees hare - by causes its Corporate Seal aiid�Board : is of this date.eseafs to be subscribed by a matority of the s O� TERMS and. OOP1pMQM Paradise Point Association, Inc. at _ Basin Rd Sputhold - N. Yy tzs . .ttCsiditig -- • of the eoasidecation lot the lswanoe of the Permit ,does ustd uhmd and paxa9be to the fol - 1L. That ebe slid .poutd of Trustees sad the Toon of Somthold ane tdeWd -Exam any add an damages, oe daiats for +dsmages, of salts edslgg. directly cc haditoctly ns a result of any open- ,odea. perfomtod ..puriaWa� ..v is f. -.0W. thy. ac ha own r{efeai.awy sad dl sadr sail;" iddated..by- djrd patties, amid tin said Vmamifte &am*ses fuii lisbUky with respect that eto. to-tlte eq,00f fete t mdudoa of dw Baud of Tta9obes; of td Tbran of SoatlioLd. t. That this plemlt Is. valid for s petal of - 24 -Nos. whldt• is d*d efcd to be the' esdmated thDC-regui ed to _ooinoete the wo& iavolv�ed, Wt'ihwAd dtdit+sStmm wsuwlt, reqdw for an artm ion anay be wA& to the board at a .later date: - S. That this permit shoald be retained indefinitely, or as long as the said Pertaittee wishes eo'otaiataln the sttutcre at project involved, to provide evideneeto anyoae 0000maed that auth- oobaidon was origtoally obtelned. 4. That &e work involved will .be subjea to the inspectim wd approval of ehe ltd or Its agents, and non eompliaoa with the provisions of the odgitift apptieadoa, may be "W for r voeadon of this fit by resoWdon of tie said Board. S. That there will be ao unteasonable interference with navigation as a traalt of the wodr hadn =Aorbed. 6. 'That there shall be tw iaterfuv= with the d& of the public to pass and repass along dse beach between high. and lour wader ma&L 7. That if future operadoaa of the Town of &mthpld require tib,armovd mWot aleetadOm in the IiXs a of tis ureic fierein =dwrired, or ff. in the opinboi of AC. Houd of T9 ume►, dse . work .shall. case emreasoaabk obstiumoa to free uavigadoo, tis land wee wW be ?ro9WtA "due nodae, to remove or dw this wont or project hecdn sumd srldsout espCasa to the Town' of $outbid. 8. Tbat the sdd Board will be aodfied by the PetmWe of the ampledod._of tate wudc a t& odaed. 9. lbat she 'PbrtmkW rill �otttaln all other pemiln ad MY M7 be requited step' to d* t which my •be anbjetx to cerokc upon• f*i6ss+a to obadn oma _ EARTH FILLED &A.KHEADED .ET' -1' (ALSO KNOT :A= LD Sp�r�LD BAY) L. IIpg7 cp. 690 Nc C,onty R V Ho. 9701 IWry L. llhr+ L 9419 w. 919 Young k Young 490 WhmeYr IsaneR AYsmbrK Nn reit Itle1 BJI->d>-aJq> La[dveyw IJ9nv ^e� ItiNa al. PNI�( lrow,r NOT[ \��^ rle � �m81517�R9 ACITPIGATION may/ SURVEY FOR PAR40I5E POINT A55OCIATION, INC. At eeyvltrw, Tern of 9oulMld 9Wlolk Ganrty, Ibn Yank 1000 pl OI 1610 ..au�C�Ta+N4p ew fODOxs. pl � OI UP/0161 PROPOSED DOCKS DEC P d :A5 �W nyla® � Y.9Rs YJLp Imo+ pp Gif- i COUNTY OF SUFFOLK (C Real Pro perty Tax Service Agency __ _ 3 �►��. c..M c«,w.�..,n..a.arna, r r✓ x" 0 a SECTO PROP8ER1 PROPS • James F. King. President Bob Ghosio, Jr., Vice -President Dave Bergen John Bredemeyer Michael J. Domino souls BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD • Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 D EC �Ff I� AUG - 1 2014 IL APPLICATION FOR AN AMENDMENT TO A WETLAND DATE 7/ZS)/2-c /d OWNER /"iS a (i r7i..T A+ dC_ 1410HONE 7 18 - �? - Yk 7a ADDRESS C/o v v c /A3 l� i w 19 3 �o /Lahs IS PO,7- AGENT PHONE ADDRESS PROPERTY LOCATION TAX MAP NO. R,/ - / - UWe &d&,,,e )Qss oc .ymr xequest anAmendment to Permit #(a,2p? t0 K e -n lkr-& &,1L/ C Tl AJ P l i r'ej%w c rr -AL,-P_ iAo i11� A 4 P k e w �A't"G�2 O .� � �v.x��:. S ),:3G fc . Signed By. A�Z, lC//gv,.�y) -?PeYibedv T PP &A i's e 00 / T 1474S0C . 7--A-C T,,,,4 -e,. l Ci T w#Vfk 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 Paradise Point Association t" E. TALA tate of New York X6170130 Qualified in Queens County Commission Expires July 02, 20 4 . APPROVED BY BOARD OF TRUSTEES ° ' a =► TOWN OF SOUTHOLD ALW b6laASW E lo { / _ ..DATE A JG - 1 2014 i li Til j •rte------....� `\ ♦ "°r"s-�..,.�:� � tel'/�,�' � `\ -�,,,� .' c MKSAA 1k \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 w�wewln�.v e+eyCe�fu+eaYiai I wb w1�.. � .- • Lam to 60 ». ,-wwlucwn.rna e An.. 2,00 Aw ' A 1* AMAPA* 11 I \ Lot a ltAtVEY POR PARADISE POINT olv� IY� Ya4 W a rre j `.•Yaw-♦yi..sw a., �q - \. PROP09L'Ii 00c" J`, u.°�.iK Mdv � MIIr(.w'y�w�rfN � n'I�y'�•�t MilN \ ar asrw V UOfl y. A!O 1 I ewr M+ry I�arYk.111a0Nr. OMis 11x0+1' •�r�7wm ��� ' IWyL O/.n 0 James F. King, President Jill M. Doherty, Vice -President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. August 22, 2007 Mrs. Patrice Keitt Paradise Point Association 320 East 57t' St. New York, NY 10022 0 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD RE: PARADISE POINT ASSOC. BASIN RD., SOUTHOLD SCTM#81-1-16.10 Dear Mrs. Keitt: Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone(631)765-1892 Fax(631)765-6641 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 C President, Board of Trus tees JFK:Ims Albert J. Krupski, Presi James King, Vice-Presi t Artie Foster Ken Poliwoda Peggy A. Dickerson BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax(631)765-1366 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 i/ Project complete, compliance inspection. • James F. King, President Jill M. Doherty, Vice -President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. July 24, 2007 Mr. Kevin Barr 200 Basin Rd. Southold, NY 11971 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD RE: PARADISE POINT ASSOCIATION, INC. BASIN RD., SOUTHOLD SCTM#81-1-16.10 Dear Mr. Barr: Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax(631)765-6641 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 TERMS and CONDMQNS Pttiee Paradise Point Association, Inc. at Basin Rd Southold N. Y,'",._ of the eoosi&mdoa for the lsmance of the Permit does tttrderstand and prescribe to the fol �t L That the said Board of Trustees and the Town of Southold are released from any and aft damaM or tialnu for damages, of suits arising: directly or lnditeody as a result of say opet- atioa pedormod _pursuant. tl:xhis-fit, aad :the said_ Pcmlittee w1U,_ at bis or her own expense, defend any and all such $niti-initiated by third 4)atties, and the said Permfttte assumes felt liahillty With respect thereto, to-dhplete exrlusloa of dx Bmrd of Tmstees: of the Town of Satthold 2. Shat this Petthlt is valid for a period of , 24' duos. whkh is ftsideeed to be the esdatated time, required to ;D implete the wodc involved, !ut'shoald dtdurirsances wmram, 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 wishes to' aasintaia the txxurntc¢ of project involved, to provide evidence to anyone concerned that adth- ptizolon 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 otigiaadog application, may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be ao unteatoaable interference with navigation, as a result of the work herein atithori ed. G. That there shall be dw interference with the right of she publk to pass and repass along the beach between high and low water 01365- 7. That if future operations of the Town of Southold requite the. removal and/or alterations in the location of de work herein authorized, or if, in the opltdom of 6c, Board of Ttasaes, the. wotk..Shall cause unreasonable obstntcnon to free navigation, the old Pamltw will be required, atone due notice, to renove or alter this work or project herein stated without erpemses to the Town' of $outhold. 6. That the said Board will be notified by the Permittee of the ampledon.:cf the work anth- : othzed. ' 9. That the -Permittee will Obtain all other permits and rtusenti that tnsy be required cup- plemental to this permit which maybe subject to aevoke cannCt falhim to obtain same. 0 Albert J. Krupski, President James King, Vice -President Artie Foster Ken Poliwoda Peggy A. Dickerson September 21, 2005 Mr. James Walker U BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 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: Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone(631)765-1892 Fax(631)765-6641 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, 9 0 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 3'X 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 I_11P.�11ITI M • Albert J. Krupski, President James King, Vice -President Artie Foster Ken Poliwoda Peggy A. Dickerson BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Paradise Point Assoc. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax(631)765-6641 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 A4ca ` SIGNED: a . PRESIDENT, BOARD OF TRUSTEES 0 Albert J. Krupski, President James King, Vice -President Artie Foster Ken Poliwoda Peggy A. Dickerson PARADISE POINT ASSOC. SCTM#81-1-16.10 0 Of SOCA UryO� RA • ��0� �y000Ni'1,�"� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1592 Fax(631)765-6641 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 James King, Vice -President Artie Foster Ken Poliwoda Peggy A. Dickerson LJ 0 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD PARADISE POINT RESOLUTION SEPTEMBER 21, 2005 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax(631)765-6641 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 100' 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. �' ' 1 1 - \ Telephone 1 \ (631) 765-1892 �♦ i 11 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 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 Aug. 17, 2005 Field Inspection 0 r.: s v _ If r �-�� C"N �� _ '�.,; { i � . . � `"t %`� � q� , 7S'� " .. ""'ta , . � 1 �.. 'v ,. . ,, a'� r - '� `�i''d � 1 '' ' 77 ^ '�'� � __ N" � �.. _ A`_ ^' - h .r j. �Aw _ 1 ,.� .. p . •/FH �y'� �'; _ �• �rY .� I( — �. T � � S �-� � f__ �- = _ _ _ _t �. �,. , r �-�� C"N �� _ '�.,; Aug. 17, 2005 Field Inspectiob • -•. .�--—ssxxx m�xr��.u- worcmcs KU rwxa SECTION N .— _, w —_x—_ raLMNO ar^c*� NOTICE UN Y 0 SUFFOLK C E SOUTHOLD w _ _ _ �, _ _ . � � m Real Property Tax Service Agency r , ax:osn. x 6 9 Canty Center W rh.AN 1 11901 N 0 81 u,E.,. _ e — 1000 avoeR_- 43 - 44 / •- p � STEARN POSNi m aD iOf UpUa,YFq t pv I i CEMFIFAY O UTHO.LDE ys° 2 � EP � �TbWH- 2 RA 9 i \rr, O IaOw'Oi 1 PARh O f 1, >iP �' Y D enr Dao r Hio"'�¢ pE xaw�� a „4 \ P b / � ,` Vok E\� J9 PA �� _ t vyt "43l � DR \ BA �T \ BURRp NNY q ° 4$ �7 ^ \J Y' ,\ p"' 3 WEST WCK BAY 16 f i aD a _ \0 0 0. BOX CC NLY : Fs Y l \ F RD ��V N•N'S vL r l' � DyaPT � f.420N $Mli /�� y.: a,c a 1 a IC•� � Ro � � �N j Sura T _ °� I ,aa S AWES. DSE pL,ASp L „A6Ea P �� NECK �\ y s {�Y+ f}Y .u✓ lL �"�y,3\ S ( PJ ��� § -FT KONg p 90 e(� y, ,y ♦ � 9Y RO � l—_A-r �+REV S. �+liyW .yh\6iA rya AY P"��'�� .0'BaAROERg �eAee�G} �, �$�YiE � ♦6ATE3 oyicx 4 OOLuiV, TYP✓7� 4 i�, r tRT F"21- art L 1rrt1i� i NERD- `rr AM r, s1 iiT.QSfk-'CKki'a5�'R i'�;' w°ezlf .I�� t�� ,x# r< i i_ a �+ .r�k ra $ e✓ rb t wy. ��. q 2 x'�j` a}?�T v Fs v ,+ �g J � • '+' 3carr7 a�. tins s t,r�5 _ .yl � t I ,f. f I i - - s / Jennings Pt 2¢ mh (,Or' t•P8 �� S v0pp i �� ♦y,, ♦ a< c oPiling B I 2/ o •• r �: 37 63 w T BM,2 ^�•.•. \�11 /. 3 9 14 IS L I,- A \ OW 26 36 m �o 2 �\`:, 20 �. _ 15' 5 \ Z (n �We X1 9 2fi2d 2 9 f� 57 59 � w Fop'nders 24 40o 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 \J\ °c re J 21 D / 38 o Pilin B 27�/ I /74\ 1� 34 39. 4546 NECI -�a 3 wise - n .x e rr 4547 ..• J 1 24 � / / WOAD w /!.�� �, 1 ao' ria, 16 4 atzrs ( oo #i , 2/ -46 i ewh 27, / stn \ l / 65 4545 jo 20 I 15 \ /0�'" 122 1 /9 14 / /s 66 \� B / 6 / so 6544 13 2/ 15 22 - 6 ' // e/ 3a MORTON NATI,'0NAL 0 WILimilm "FuOz 0 Albert J. Krupski, President James King, Vice -President Artie Foster Ken Poliwoda Peggy A. Dickerson 0 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: Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 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, Albert �Jr. Board of Trustees AJK:lms cc: Paradise Point Assoc. President WILLIAM W. ESSEKS MARCIA Z. HEFTER STEPHEN R. ANGEL JANE ANN R. KRATZ WILLIAM POWER MALONEY CARMELA M. DI TALIA ANTHONY C. PASCA NICA B. STRUNK NANCY SILVERMAN LISA J. Ross THEODORE D. SKLAR OF COUNSEL E ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW OB EAST MAIN STREET P. O. Box 279 RIVERHEAD, N.Y. 11901-0279 (631) 369-1700 TELECOPIER NUMBER (631) 369-2065 October 14, 2005 WATER MILL OFFICE MONTAUK HIGHWAY P. O. Box 570 WATER MILL, N.Y. 11976 (63I) 726-6633 Aibert i rupski, President and Members of the Board of Trustees Town of Southold 53095 Main Road iL, OCT 17 2005 P. O. Box 1179 Southold, NY 11971 F!, 1A Oi TNSleeS 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. SRA:md cc: E. Brownell Johnston, Esq. S.M. Pawlik Marine Contracting James Spiess, Esq, James Walker Robert Scalia Paradise Point Association, Inc. — Attn Res cuully yotu rs, seph R. Angel Patrice Keitt E3 Ll k tff i t�� .1,41iT "fly. O.T Al-, 4 4;. i Iw ell� I ; . '400M. -O. 4111111k 1. 0 0 i� • ... �.'�.-yam I • 0 y . J r r30 i :O%kb�q%r I i I i t LL1J � r �I =Ln 6� a yi.1� ►t. S 9 0 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: WATER MILL OFFICE MONTAUK HIGHWAY P. 0. Box 570 WATER MILL, N.Y. 11976 (631) 726-6633 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. ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P. 0. Box 279 RIVERHEAD, N.Y. 11901-0279 WILLIAM W. ESSEKS (631) 369-1700 MARCIA Z. HEFTER - STEPHEN R. ANGEL TELECOPIER NUMBER (631) 369-2065 JANE ANN R. KRATZ 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: WATER MILL OFFICE MONTAUK HIGHWAY P. 0. Box 570 WATER MILL, N.Y. 11976 (631) 726-6633 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. D I Frl z € r"5 �J HOWARD W. YOUNG, N.Y.S. L.S. NO. 4UM-o THOMAS G. WOLPERT, N.Y.5. P.E. NO. 61480 4.589 DOUGLAS E. ADAMS, N.Y.S. PE. NO. 8089"1 SURVEY FOR PARAD 15E POINT ASSOCIATION, INC. At Bayview, Town of Southold Suffolk County, New York 1000 81 OI 16.10 County Tax Map Dbtrkt 1000 Section 81 Block OI Lot P/O 16.1 PROPOSED DOCKS DEC. 22, 2005 DEC. 14, 2005 MAP PREPARED NOV. 28, 2005 SCALE: 1BP JOB 200 No. 2004-0689 G. DW2004_0051-bp 0 Dec -16-05 01:10P Oer-Science 0 283 5974 P-01 INTERZSCIENCE RESEARCH ASSOCIATES, INC. ENVIRONMENTAL PLANNING B DEVELOPMENT CONSULTANTS RICHARD ERIK WAWN,AICP p e"1-1 December 16, 2005 Albert J. Krupski, President Board of -Town Trustees Southold Town Hall P.O. RDx 1179 Southold, New York 11971-09.59 Re: Paradise Point Association Suffolk County Tax Map Number 1000-81-1-16.10 DEC 16 2005 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 ror 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. Tltutk you for your prompt attention to this matter. Respectfully submitted, tPniipLi�] alker anner JLW: jlw enclosure copy: Steve Angel, Esq. Patrice Kcitt & l l'ERIP 10:1915.wpR POST OFFICE BOX 1701 • 36 NUGENT STREFT • SOUTHAMPTON. NEW YORK 11969-1201 • 631483-5958 • FAX: 631-283.5974 Dec-16-05 01:10Pcr-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.� by ��' �t 7 ! 12.04 .�q i7�' r � r�W GA7yyp'LK voeA PpgTIp v Rhe (0 et 00 )(6 .1, ?LOATHE' � r 1 `(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. IIo y ' J p„uaa 3"I 1X0'1 pp�11s6 f' 10 nno�. ', U3 Or...l{c GOu^t WILLIAM W. ESSEKS MARCIA Z. HEFTER STEPHEN R. ANGEL JANE ANN R. KRATZ WILLIAM POWER MALONEY CARMELA M. DI TALIA ANTHONY C. PASCA NICA B. STRUNK NANCY SILVERMAN LISA J. Ross THEODORE D. SKLAR OF COUNSEL 0 ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 106 EAST MAIN STREET P. O. Box 279 RIVERHEAD, N.Y. 11901-0279 (631) 369-1700 TELECOPIER NUMBER (631) 369-2065 Albert Krupski, President and Members of the Board of Trustees Town of Southold 53095 Main Road Southold, NY 11971 Re: Application of Paradise Point August 26, 2005 Dear President Krupski and Members of the Board: aUG 'S u 20 WATER MILL OFFICE MONTAUK HIGHWAY P. 0. BOX 570 WATER MILL, N.Y. 11976 (631) 726-6633 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 � r i WILLIAM W. ESSEKS MARCIA Z. HEFTER STEPHEN R. ANGEL JANE ANN R. KRATZ WILLIAM POWER MALONEY CARMELA M. DI TALIA ANTHONY C. PASCA NICA B. STRUNK NANCY SILVERMAN LISA J. Ross THEODORE D. SKLAR OF COUNSEL 0 ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 106 EAST MAIN STREET P. O. Box 279 RIVERHEAD, N.Y. 11901-0279 (631) 369-1700 TELECOPIER NUMBER (631) 369-2065 Albert Krupski, President and Members of the Board of Trustees Town of Southold 53095 Main Road Southold, NY 11971 Re: Application of Paradise Point August 26, 2005 Dear President Krupski and Members of the Board: aUG 'S u 20 WATER MILL OFFICE MONTAUK HIGHWAY P. 0. BOX 570 WATER MILL, N.Y. 11976 (631) 726-6633 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 (4`" 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:mdeph n R. A n g e 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 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: AUG 17 207!1-1, of Town 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. submitted, J es L. Walker Pri eival 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 p' -d-, June 2, 2005 - Via Telefax/Regular Mail (w/full set of enclosures) - Albert J. Krupski, President Board of Town Trustees Southold Town Hall P.O. Box 1179 Southold, New York 11971-0959 AVL �! JUN - 6 2005 ScP.ti!o!d bwn Board of irrsees 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 11969-1201 • 631-283-5958 • 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 INTEIOCIENCE Jttn-02-05 03:37P eter-Science 283 5974 INTER-CIENCE RESEARCH ASSUI.:IAI ES, INS. o AV.R,ANMFNIAL NANNIt IC, x r,I•JI I(IPMENI I..L., iI RICHAKI;r 4 VANHLI:AK .. .,I. I., June 2, 2005 - Via Telefax/Regular Mail (w/full set of enclosures) - Albert J. Krupski, President Board of Town Trustees Southold Town Hall P.U. liox 1179 Southold, New York 11971-0959 Re: Paradise Point Association Suffolk County Tax Map Number 1000-81-1-16.10 Dear Mr. Kntpski: P-01 JUN -2 2005 U Southold Town Board of Trustees Enclosed please find the large scale and Army Corps ol'Engittcers detai 1 diagrams forthis project. In response to the town directives stated at the initial public hearing, the project sponsorhas also provided a precise Design Narrative which discusscstheprojectspecifications. 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 this 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. VQY I OH -ICS BOX 1201 • 36 NUGLNI SI KLLI • SOUPIAMP70N, NFW YORK 11969 IJUI - 631 2tl3 5'/56 -I AA: 01283 5479 Jyn-02-05 03:37potev-Science 01 283 5974 P_02 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::Ubdi¢Pain[dC LN ILN'1"I'hHM2]U W.,d INrtR5cENCE Jun -102-05 03:38*11ter-Science &1 283 5974 P_O3 PwVw: IlnxlinY.IMIf'M Site Platt View N.ane w IN.*j: 0 Ilxr 'W AYYq<..m fhwhng fh [alum: M.I.W. - 500.1 I^el Malrpillp " - .I. I Y location ul Pwim l: Adjamil PrnPKrly Chww g: Scale: I + '1(K)' In: Pxr;W�a• hxm Ilo»Iwan clkw I hmo.,' PTA (..xYKy I.MKIy/upa SC7M# 1000.81-1-116.7 ... n•m n....Y•.,.w .;.�.«m�n��.0�a F,q."xy: 2.D fi wn S(TMIY up?11-01=1=114 'Ib Nnx 1'-A,NwY.6 LYV I.W.4 eYYIf KS.. di A..i4 ,lwM hik: K.ryn, Amlma VnrnK�xr xr.nr•1'di.Jix ILiIx rifnp It, Nurrnl4rrcl, 4.rxlwnlwaY n.w YNlh IiM IIIwLW119J?':IMI$Jaur pnYih•.iM7, �mdYMU�i�.1snI M, Anuwlw+.�.La••. ..i.n:.............liFix' x. .n.. N•xnA.�. gpnn 4nn.' Shml Mx l/.xn: ml 1p. JWn-02-05 O3:38*nter-Science 031 283 5974 P-04 l r T.r. 10' -grind vi,•.I:al..:lt --3'-0•x 13'-0-Rimp lbwn / / hWPx MY 11'Fhndig(h.k / / r /l a I 44'x12' -V Fkaft Dock Throe 1:9) bol' x Y(Y4Y Fh.Ainglxxk� J Y r r r a u Boat Basin a x 4o'Af Fhaina r)rxk r a I? Frurpm.: Hlxving Dk k Detail Pian View W. -d rner.l. o x.r en rw�q;.ula noxrgrxxa 1 1 �I ...-. r4ppilry{ I1x:11XM111I IM11ilY1: I)Anxn�M.I.W. $p+I LCYCI M Scale; V= 40 ;r- t -fopepty Mulen: e6,,A,I.M.wyZupaSCTMA Mx,:rnKdk"c NNL17-1-111.7 mla •.+ aRuenr •YpnxvNyM:ma .�.,0.. w. Pnmr: 2.Uilriku•n tiCIM$1W0ril-F!IR Iu K�n1 ..."y Imm A'~ ROt.,h A>vxidW. hm 1ik: IGgx•r, Anlmf Y'9:lXilM-Pawulix Y,A..w•„"'ter Ib NIIry V:vn, Vxxlwnryxn, New Ywk 11*4 p11iWn11aW", 1pkPNe111a.9 OM lnirclb h:u:urxn„n..p.b.p. pxp...+H, +r�uwe:+wgAa. ,Fnrvn LnAlLn�Jiwn4+..�n..i�.�wex h�d+gwo..w.e.Lpwi-..r, wgV1Ni Ib4r:ISf11A: Jun -02-05 03:38•nter-Science 031 283 5974 P.05 1 - �. - 2'7'x 18' 7' Fixed Pier Cat%,jW 181.11 12 12'x 2' Ramp Down I 8 1 4 -- A.F W. (2.3') 0 -4i 1 yp` e .. 0 20 40 1 X MI lOAtpMg S lu be repkKxt! 6' x 100' Float Sections to, be replaced - 1 in 5 rwddfis (G' x AY each) 1 60 80 100 1 4'-W x 12'-(Y Floating Dmi to by rrplarM _ 6'x 40' Floating dock to be replaced I , in 2 sections W x 20' each) c: A 120 140 1 fi0 Purpw.: matinglkx:k Profile View N,rlx•wrn,).d: II 8' n; Mling.8td hlwYlglMX DIIIIIIII: M.I .w. - W lrWpl Mapping I1x mon of ftjK-t: AdIxentPropeNyOwrim: Nwk': t/8' 1' In l•,xwlix•r�un0lLllaww, 1.Maty 2upxl 5f:IM81(111081-1-116.7 C.Xmr i nlllxy. wnto0. c:mlq. 2.Didlikuxl SCTMN'I(KK18'119&7(1 "'r'°"A'x'•e.t~�'v�' x t• Xmly Slilrxr krvrxrh Mar{reM. Xx. Ilk: K.ryel. AIIJnrI � rm:xllx• IbIM',vnLMIV Intim 1 Arc(; 34 Nuxex 11nM, Slmlhxmplml, NI•w Ynh I l WYI lllyl.11!'Dyi�20U:r .1 :IIYx• LMIX•.n.r IY. x.x�, T.i..Lnxgli{n..xxrl. n. V..Ixr.w. uir ...................... ... x.a,+.. Story lMx o:rer: ¢✓npr, Jun -02-05 03:38*nter-Science 031 283 5974 P.06 iL 01."lkm !Typ�Wmt TYPICAL CROSS SECTION OF FLOATING DOCK Cmw Fift-MAW Dr4ckjng M,,k..k exe 4' 6' 1 TRC Ills 4hp V*r 4'.bP le R,..gh Sawl flh.k MNng$ App*..11,.W.d,,r Nm: FRinp W be Ir m Ilbb Mirpme; FbatingE)tx:k Cross Section View 0 Dalwn MA -W- - %en LeM Mapping Lxalk)n IA Pmjml; Adpx:t!nf ftiperty Owsim: x m W=l' H" lMshl I.MaryZupa.VTM# I(W-81 1-116-7 11.— V-. Cw,y. SuifiAL Cu.." I..-. rrgwllnd Ry: 2.Didelkson SC'TM# I (W-81 1 9 & 11) rdl; Xnyn. .............. . . ...... 5IXI' 4.114 Jan -02-05 03:39*ntev-Science •31 283 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 57`h 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: April 2005 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. 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 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 03:390 nter-Science 031 283 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 Stale 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. 11. 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 aligmnent of the dock improvements is shown 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 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'fax 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:\Pm4imP9fi,rxW,NARRAI'1 VEMMOU5.wpd 0 INTEL-CIENCE 0 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:\ParadisePoinOTOSHLETTER05262005.wpd POST OFFICE BOX 1201 • 36 NUGENT STREET • SOUTHAMPTON, NEW YORK 1 1969-1 201 • 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 Southold Town Hall `, 53095 Route 25, P.O. Box 1179 Southold, New York 11971-0959 tir ri Re: Paradise Point Association Suffolk County Tax Map Number 1000-L-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. JLW: jlw enclosures copy: Patrice Keitt E TaradisePoin6TOSHLETTER 12092004.wpd Respectfully submitted, . "� Jams L. Walker Prin ipal Planner INTERYIENCE 11 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER MklI�,�.) ...Ii Imo--AI{PLI �OU�hp�d �pWl-1 n --J 0 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net TION FOR PUBLIC ACCESS TO RECORDS 11 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. TO or utticer, it Known, that has 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 Inature of Ap licant:,:// ,,,/- .a �� . �-4—,I c— Printed Name: Address: Mailing Address (if different from above): Telephone Number: Date:-D� I ] APPROVED ] APPROVED WITH DELAY* Elizabeth A. Neville Freedom of Information Officer I ] DENIED* RECEIVED * If delayed or denied see reverse side for explanation. MAY 2 0 2005 Date Southold Town Cle►k i ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER 11 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net 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: 41 , or UTTicer, it known, that has the information you are requesting. RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information I Signature of Applicant:ti Printed Name: A4 R S./ Address: Mailing Address (if different from above): Telephone Number: / S 4v' L Date: 7 [ 1 APPROVED RECEIVED [ 1 APPROVED WITH DELAY* [ ] DENIED* " .n l MAY 1005 Elizabeth A. Nevillepate Freedom of Information Officer Southold Town Clerk * If delayed or denied see reverse side for explanation. Frank A. Tiinari Patrick M. O'Connell Thomas A. Osborn David M. Kaufman Mary Kale Mullen Angelina Daily Office Administrator TINARI, O'CONNELL, OSBO,RN & KAUFMAN, LLP ATTORNEYS AT LAW COURTHOUSE CORPORATE CENTER 320 Carleton Avenue, Suite 6600 Central Islip, New York 11722 (631)342-8070 (631)462-1060 Fax: (631)342.8350 2 Coraci Boulevard, Suite 6 Shirley, New York 11967 Honorable Gary J. Weber Supreme Court, Suffolk County Arthur M. Cromarty Court Complex 210 Center Drive Riverhead, New York 11901-3310 Re: Zupa v. Keitt, et. al. Dear Justice Weber: 26 Court Street, Suite 1601 Brooklyn, New York 11242 June 25, 2007 ��uv�ID 1 J U L 17 2007 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: Of Counsel Patrick Henry Justice, N.Y.S Supreme Courl (Ret.) 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: 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: • 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. 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. 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 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. PH/rm cc: Frank A. Isler, Esq. Smith, Finkelstein, Lundbert, Isler & Yakaboski 456 Griffing 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 Cl A SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI, LLP ATTORNEYS AND COUNSELORS AT LAW 456 GRIPPING AVENUE, CORNER OF LINCOLN STREET Albert Krupski, President Southold Board of Trustees Town Hall P.O. Box 1179 Southold, New York 11971 Re: Zupa v. Paradi e .009-1 Trustees of th Town Index No. 04-R2180 / Dear President Krupski: July 14, 2005 PAP CIS J. YAKAHOSKI OF COUNSEL REGINALD C. SMITH 1926-1963 Association, Inc. and Board of Southold 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. jVeul� Yo s, nfA`.... Is1/er / FAI/cs Enclosure cc: Kieran Corcoran, Esq. — w/encl. E. Brownell Johnston, Esq. — w/encl. P. O. HOX 389 HOWARD M. FINKELSTEIN RIVERREAD, N. Y. 11901-0203 PIERRE O. LUNDBERG FRANK A. ISLER (631) 727-4100 SUSAN ROGERS ORUN OAIR O. BETTS FAX (631) 727-4130 JEANMARIE GUNDERSON E-MAIL sMyOpeconic.net PHIL SIEGEL JAYNE ST. JAMES Albert Krupski, President Southold Board of Trustees Town Hall P.O. Box 1179 Southold, New York 11971 Re: Zupa v. Paradi e .009-1 Trustees of th Town Index No. 04-R2180 / Dear President Krupski: July 14, 2005 PAP CIS J. YAKAHOSKI OF COUNSEL REGINALD C. SMITH 1926-1963 Association, Inc. and Board of Southold 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. jVeul� Yo s, nfA`.... Is1/er / FAI/cs Enclosure cc: Kieran Corcoran, Esq. — w/encl. E. Brownell Johnston, Esq. — w/encl. r At an IAS Part of the 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 r( Fl 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). 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. AJC !Won:JSC ENTER 1 �_. r` SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ---------------------------------------------------------------------------X VICTOR J. ZUPA and MARY S. ZUPA, Plaintiff(s), - against - PARADISE POINT ASSOCIATION, INC., BOARD OF TRUSTEES OF THE TOWN OF SOUTHOLD and THE STATE OF NEW YORK, Index No. 04-22180 AFFIDAVIT INSUPPORT OF ORDER TO SHOW CAUSE Defendant(s). --------------------------------------------------------------------------X STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) VICTOR J. ZUPA, being duly sworn, deposes and says: 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. 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 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. Members of Defendant Association have used the docks over the 4h 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. order: WHEREFORE, your deponent respectfully requests that this Court enter an (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 m to before me this day of July, 2A05. Notary Public t U AMY K BUNNING NOTARY PUBLIC, Shu of Nkw%* No. CISES039787 OualiMd M Suffolk Cou01r UMI E*m Follm" a?, 0 0 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. 11901-0203 FRANCIS J. YAKABOSKI PIERRE O. LUNDBERG 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 sMy9peconic.net PHIL SIEGEL JAYNE ST. JAMES June 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 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/enol. /V 0 0 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 qday of June, 2005 _ r,rr n M I PRESENT: VICTOR J. ZUPA and MARY S. ZUPA, Plaintiff(s), - against - PARADISE POINT ASSOCIATION, INC., BOARD OF TRUSTEES OF THE TOWN OF SOUTHOLD and THE STATE OF NEW YORK, Defendant(s). Index No. 04-22180 ORDER TO SHOW CAUSE 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 )7 --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: 0 (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 e , (d) Required to dock any vessels docked at the Defendant's docks as 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 ORDERED that service of a copy of this Order and the papers upon which it is 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 11 0 and upon the Attorney General of the State of New York by overnight mail on or before June _��2005 be deemed sufficient. GRANTED JUN 2 9 2005 Edward P RCM8W Clark of Siba Coii* ENTER 11 PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us E JOSHUA Y. HORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD 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: Telephone (631) 765-1939 Facsimile (631) 765-1823 REMINDER 5/13/05 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. truly M. Corcoran nt Town Attorney KMC/lk cc: Patricia A. Finnegan, Esq., Town Attorney E. Brownell Johnston, Esq., Assistant Town Attorney O=ff N W • x E JOSHUA Y. HORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD 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: Telephone (631) 765-1939 Facsimile (631) 765-1823 REMINDER 5/13/05 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. truly M. Corcoran nt Town Attorney KMC/lk cc: Patricia A. Finnegan, Esq., Town Attorney E. Brownell Johnston, Esq., Assistant Town Attorney 0 0 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 SUBJECT: Paradise Point DATE: July 20, 2005 MESSA GE: JUL 2 0 2005 of 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. Alternate IIA. 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. CreateL-Dock with 6'x20'sectionwhich 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. 0 0 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. L. Walker Es eks, Hefter and Angel Copy: Pakdise Point Association H:VMemos\Fort sM<iupskiTRANSMITTAL07202004.wpd JUL 2005 ScutnnId Town Bovr;l of ?n�ro.,. i �Gg-pme oomw /X.? TVLGaw'ruG Y%a�ri/2i PNj�' �P✓�in��n/� IQo-ve 1z*-12C,arc �S� SG/S�O 5G t✓(i�� e �f%�-6�,is' ,li-ec/ Si.n� %ielL�a.e !,✓G T � //LA D �e � /AAs � �Qseer)pT�YQ �,�SEm2n�fl- n�e� �- �,�.eij,die� led �/l/TiNir✓� �1//OG "s T-/1dYN �i'V�e/f-,QQ/�l.S c �`►° �v CAZ4-r- 0��/L cq:�- ��Ge G A Ate Al 0/0-5- _Gtr�t/�• &'r, s7h b -"1 ✓✓C / 2 jbfJ-e— 0011,7412 6Re4l2, DIST. 1000 SECT. 081.00 BLOCK 03.00 LOTS 605-reetr 9i 4.Oft 02'5. Bee. 29000 �1P 71/00 n/00 91600 Pld r� su Maw w.r.,.T.U. ixs N0i-low. .Ymm ane s ....:nm (n. ypw, danm,. wn.-mao im.0 o, ..... ,rvo. CONSULT LOUR LAWTSR aSFORT SIGNING, THIS INSTRUMaNT •THIS INSTRUMaNT SHOULD IN USRD ST LAWTSRS ONLY 1.ibU: Plc 5 THI9I80-'k f 11, the 23rd day of February ,nineteenhundredand eighty nine, 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 l 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 #) Robinson Road, P. 0. Box 243, Southold, New York, 11971, 11 Ls� Y 1 e IiEA.. f.S1A1'E FED 24 i$! - party $! -party of the second part, TRAN'71":R 1,V SUI! ,ALN wrirnssETH, that the party of the first part, in consideration of Ten and no/100 ($10.00) - - - - dollars, lawful money of the United States, paid 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, PARCEL I, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lyingandbeing at Bayview, near Southold, in the Town of Southold, County of Suffolk and State of New York, known and designated as Robinson Road, Basin Road, Briar Lane, Canal. Basin, and Drain lncatedhe- tween.ots numbered„12.,and 13, as shown on a certain map entitled, "Map o Section'dne, Paradise Point at Bayview,",:and filed in the Office of the Clerk of'the County of,Suffolk on April 11, 1963 as 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. TOGETHER with an easement over and across those lands immediately adjoining the westerly side of 'Basin Road as shown an the aforesaid map entitled, "Map of Section Ones Paradise Point at Bayview,” and filed in the Office'of the -Clerk of the County�of Suffolk on April 11, 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 Seas, 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 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 Scuthcld 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'test; 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 Curcuru; 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.," Revised August 9, 1988 by Roderick Van Tuyl,-'P.1c.,,•Licensed Land Surveyors, Greenport, New York; said easement to be used by the 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,' jBtties, 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, but not limited to: Providing for the care and mainteiiahcb'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 IIS 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, 18.67 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. i- 4 I l 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 roads abutting the above described premises to the center lines thereof, 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 premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. 1 tl� rl. AND the party of the first part covenants that the party of,the first part'bas 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_Ij of Ihe, )yien Law,�covenante that the.party,of., the first part will receive the consideration for this conveyance'and will hold the right to receive such mniid- oration 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 won:1 "party, shall be construed as if it read "parties" whenever thc�sense of this indenture so requires. IN WITNESS WHEREOF, the'paity of the first part has duly Executed this deed the day and year first above written.% ... _ . IN PEE9ENCL or: I � LANE CURR); t allenbe cam— bks GIM_ V I'.11"�r.J;Qrtoaii�Hallen;�e Chgric}f C ray • 7 — —' ""'' Attorney •n-Fact' PARADISE OF SO:IH.TO.D, INC. ' ND tARY PUpE TE OF FLORIDA Ml'WMM7IDN EXPIRES DEC.4. ,1991 — — by— Gar Sinning U o n Sitng /President r S L A L FLORIDA 10804 PL558 STATE OP)WMD== COUNTY OF PALM BEACH SL On the 14th day of February, 19 89, before me personally came GILMAANHA.L�LEENNBEECCK to me known to e the individual described in and who executed the foregoing instrument, and acknowledged that he executed the Same. Public NOTARY PUBLIC. STATE OF FLORIDA MY COMMISSION EXPIRES DEC. Pt, 1991 STATE OF NSW YORK, COUNTY OF SUFFOLK - $SI On the 63rd day of Februar, N 19 � , before me personally came John D. S ning to me known, who, being by me duly sworn, did depose and say that heresidesat (no #) Robinson Road, Box 724, Southold, New York, 11971 , that he is the President of PARADISE OF SOUTHOLD, INC, , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was to affixed by order of the board of directors of said corpora- tion, and that he si his name theretoby /like order. YIRHNQ�A1 _ Q4b."VPtBtRbli/}A Now Ywk Ne. S1. "61406 OunRNd N S.Hwk CWANVry C .Iuikw bean Dot: 01, 1991T T Bargain a-na Sate herb WITH COVENANT AGAINST GRANTOR's Am 'TITLE NO. CURRY, ET AL. TO PARADISE POINT ASSOCIATION, INC. SIUMU FUM N AMR FIRM SIVE M UIIE MUSK Distributed by C13RCa►OO 'i'IR'Li ■N6RTBANC6 COMPANY JERSEY STATS OF NEW IOMR, COUNTY OF �' "`' -� 'c SR: On the-?F6'�dayof l91 y, before me personally came GARRY SINNING to me known to be -the •individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. ., ii�Z .dl ta�' / Notary Public �Inva_SY,ttr�Ioa STATE Ol�11IW4MIIIKCOUNTY OUNTY O! , On the bl'-',0` dry of ebroav'y 190 ,IxfSrc'' personally came Chancy Curry Into me known to be the person desc_' ed and appointed attorney in fact it and by a certain power of attorney executed by J. LANE CURRY, dated Nz- 29, 1987, to be recorded in the Of- fice of the Clerkofthe County of Suffolk simultaneously with the fore- going instrument and acknowledged to' methat she had executed the forego- ing instrument as # a act of the sa'i' -J:-LANE-CURRY—...---��--- Nota UY SECTION 081.00 RLOCR 01.00 IAT 005.000, 014.000, p/c 015.000, p/o 016.000 COUNTY OR TOWN 1000 Rcmrdad as Request of CHICAGO TITLE INSURANCE COMPAY"t Retum by Mail m EDWARD JOHN BOYD V, ESQ. 54655 MAIN ROAD, P. 0. BO% SOUTHOLD', NEW YORK Elp Y.o. :A 11H.Ans r•9 ni Y1i110 Y 11]SN;'A': 3LU�101' 7� 686 NJ Bz I hl as j f Ina;lo��a 08-03-05 21:22 JOHN5TONI&W OFFICE ID= 17345891 P-61 ,SSMITH, FINNELSTEIN, LUNDBI;R0. ISLER AND YAK,BOSKI, LLP AWTORNEIg AND COUNSELORS AT LAW 456 GRIPPING AVENUE. CORNER OF LINc0L, STREET HOWARD M. ELSTE]N p- O. DOX 389 PIERRE G. LVNDNDBERO RIVERREAZ, N. Y, 11901-0 2 0 0 PRANK A. ISLER FRd\'GIS d. 1L�HAH05gt SUSAN HOPERS ORUN (631) 727-4100 OF c=%PL OAIR O. EETTS FAX (631) 727-4130 NEGISALD c. SMITH JEANMANIE GUNDERSON - ^� E-MAIL26,,x L elliy®p'COn:c.ne[ aHIL SIEOEL JAYNE ST. JAMES August 2, 2005 Kieran Corcoran, Esq. Assistant Town Attorney 54375 Route 25, P.O. Box 1179 Southold, New York 11971 E. Brownell Johnston, Esq. Richmond Creek Farm 4001 Wells Road Peconic, NY 11958-1738 Re: Zupa V. Paradise Point Association,I of the Town of Southold Index No. 04-22180 Gentlemen: l��uu�ID �LAUG - 4 2005 j Town and Board of Trustees 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 E 0 SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI, LLP ATTORNEYS AND COUNSELORS AT LAW 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 FRANCIS J. YAKABOSKI OF COUNSEL REGINALD C. SMITH 1926-1983 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. FAI/cs Enclosure cc: Kieran Corcoran, Esq. — w/encl. E. Brownell Johnston, Esq. — w/encl. V �r nk truly Yds, FraA. Idler/ saalsng Eo pieog UMol PIoLBFIoS 5ooa 5 i i n r L AA R3R 4 456 GRIFFING AVENUE, CORNER OF LINCOLN STREET P. O. BOX 389 HOWARD M. FINKELSTEIN RIVERHEAD, N.Y. 11901-0203 PIERRE G. LUNDBERG FRANK A. ISLER (631) 727-4100 SUSAN ROGERS GRUN FAX (631) 727-4130 GAIR G. BETTS 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 FRANCIS J. YAKABOSKI OF COUNSEL REGINALD C. SMITH 1926-1983 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. FAI/cs Enclosure cc: Kieran Corcoran, Esq. — w/encl. E. Brownell Johnston, Esq. — w/encl. V �r nk truly Yds, FraA. Idler/ saalsng Eo pieog UMol PIoLBFIoS 5ooa 5 i i n r L AA R3R 4 11/17/2006 11:57 6317656119 VICTOR ZUPA PAGE 01 4565 Paradise Point Road Southold, NY 11971 Telephone 631765-6112 Facsimile 631765-6119 E-mail vzupa@optonline.net To: Hon. Jim King, Pres. Board of Trustees From: Vic Zupa Fax: - Pages: 9 with cover Phoma 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 631765-6112. 11/17/2006 11:57 6317656119 VICTOR ZUPA VICTOR J. ZUPA ATTORNEY AT LAW 4565 PARADISE POINT ROAD SOUTHOLD, NEW YORK 11971 E-MAIL, vzupa(etrloptonline.net ADMITTED: NY,CT,DC,MD VIA FACSIMILE November 17, 2006 Peter A. Scully, Regional Director 50 Circle Road Stony Brook, NY 11790-3409 Dear Mr. Scully: PAGE 02 NCV 1 7 2006 TELEPHONE (631) 7656112 FACSIMILE (631) 7656119 Re: Application ID 1-4738-00706/00023 for permit for docks extendine from land owned by Mary Zu lea 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 ar 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, Z,4 , ?j.-, 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 Fast 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 tunes at meetings, and in individual phone calls, emaUs 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 case, 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. Tlvrd, 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 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 Tmstees' 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. Fifth, notwithstanding the Association's pending application before the DEC for a permit to 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 protectipg 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 1 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.essements, 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 fmtber 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 turnaround 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. ;rc-*!� y Pgtrice Keitt, President Pgradise Point Association, Inc. 11/17/2006 11:57 6317656119 VICTOR ZUPA PAGE 07 October 12, 2006 Mr. and Mrs. John Sinning 4655 Paradise Point Rd Southold, NY 11971 Dear Mr. and Mrs. Sinning, JAMES N. MAMBO, INC. 229 BISHOP'S LANE SOUTHAMPTON, N.Y. 11968 PHONE: (631) 283.1254 (631) 7345858 FAX: (631) 283.7018 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 $90,000.00 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. 11/17/2006 11:57 6317656119 VICTOR ZUPA VICTOR J. ZUPA ATTORNEY AT LAW 4565 PARADISE POINT ROAD SOUTHOLD, NEW YORK U971 E-MAIL vzupaGiout� online.net ADMITTED: NY,CT,DC,MD 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: TELEPHONE (631) 7656112 FACSIMILE (631) 765.6119 PAGE 09 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. Ootion 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 eliminate any purported need of a turnaround on Mary's 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 confine 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. ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JAN FT GFASA September 1, 2005 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-29a-8353 TELEFAX NO. 631-298-8565 wwblaw@aol.com Albert Krupski, President acid Members of the Board of Trustees of the Town of Southold 53095 Main Road Southold, New York 11971 RE: Application of Paradise Point Ladies and Gentlemen: 2005 n WILLIAM WICKHAM (06-02) MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE III MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 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, Aug -24-05 01:57pm From-Kinkos0rcy Park 6466020075 . T-569 P.002/002 F-554 24 Gramercy Park South New York, New York 10003 (212) 254-5440 August 23, 2005 Town of Southold Board of Town Trustees 54375 Route 25 Southold, New York 11971 Attn: Albert J. Krupski, Jr., President, James F. King — Vice Presic Peggy A. Dickerson, Kenneth D. Poliwoda, Arthur P. Foster Re: Paradise Point Association, Inc_ - SCTNI# 1000-81-1-16.10 Dear Board: woo t Z N 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 contiguous 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 prominient 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 IBoard of Town Trustee's 54375 Route 25 !I Southold NY 11971 A'w 2 C'ju� 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. 3895 PARADISE POINT ROAD • SOUTHOLD, N.Y. • 11971 PHONE/FAX: (631) 765-6991 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 Greetings: P.Ot ox 1468 So]d, NY 11981 IIJJ u A ugu t 22, 2005 Bcord of Trustees Re: Paradise Point Association SCTM#1000-81-I-16.10 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. 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 VICTOR J. ZUPA ATTORNEY AT LAW 4565 PARADISE POINT ROAD SOUTHOLD, NEW YORK 11971 E-MAIL vzupanoptonhne.net June 1, 2005 Albert J. Krupski, President Board of Town Trustees Town of Southold Southold, NY 11971 Dear Mr. Krupski: TELEPHONE (631) 765-6112 FACSIMILE (631) 765-6119 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 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 N0. :q, -878-8951 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 11780-2356 Phone: (631) 444-0366 • FAX: (631) 444-0380 Website, www.dec.s=.ny.us Ca WASNIOW November 4, 2002 Catherine Mariano Catherine)"siano, Inc. 12 Mill Pond Lane Bast Moriches NY 11940 Rc: NYSDEC #14738-03029/00003 Zupa Property 580 Basin Road Southold NY SCTM #1000-81-1-16.7 Dear Ms. Mariano: As you are aware, the Department's teponical staff performed a field inspection of the Zupa property and provided the following cogpcnts. The Department has no objection to the majority of the project with the exception of thf proposed dock The installation of an additional dock gVer vegetated tidal wetlands at the project site is considered a presumptively incompatible use i 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 reconfigure the existing dock in the future. Toefore, please revise the plans prepared by Sea Tzvel Mapping by removing the proposed dogk, 1 have enclosed a copy of the plans with the Department's comments. Upon receipt of 4 copiesof the rovise4 lana showing the elimination of the proposed i . dock, a permit can be issued. Please also pmyj je two (2) additional copies of the survey prepared by Tngegno last revised on 8/26/02, s4we only two (2) copies wars provided with your application. Please call me if you have any questiopo, Thank you. Sinerely, Jii Matthew R. Penaki CC. M. Zupa Filo of ewsurIy `"w"ers log I s, Timber Piles, %re G -LOG series sheath no" •' p� dyt,xwd orOM DOI, xNa WP i35 wlwrodlW OLI`°° NP NP eCr�NP R P "Ziopq o -eq Kahl. ... Inee�'TAi tviki,. q Nith ro„� . NP TIP cbale•o,c �, `. RDA (topVIBW) .,Na N.T.S. NP �Oiat Basin exlstMw OI es.eroro'� wauug "L br p p1 M. . or as N ;1' x 14' ;tie rod O feet of P, as 6 i N a 0 irg” S, 7 I" Bulkhead Cr000 Section N.T.5. II damensional lumber, bar and plies are GGA acted wood or plastic. 11 hardr"a golvanized Boat basin 52 feet of new �- low sill bulkhead usVlg G -Loc Sheathing 3ulkhead Cr000 Section I.lo Amit ofM) b' x b' excovotlon �� WVr9 s 10" x Ib' GGA piles b' on center mtl, ANw Land of Zupa ;SNS WP N5 LG VAP 145 LG WP t.G N WP N5 LG l^!P N5 l_G Wf, :. �O!!� o Ck sem; �fiC1% RDA ti3 RDA R T1s ..; ` +." NP NP RDA dd NP. -.uf NP$ RDA Ate` t )may NI- B . P rem �'- ]s IG J M LI 'Cro55 Section at C Scale I" = 20' Proposed Fixed Dock (4 x 25) Mina.! d op A pie d6 ROMP (5' x 169 Float (6' x 20) This application must be turned down reasons: MAY 2005 `! 1)This applicant comes before the board wi °t rrus(e 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 based4,n,e reasons: ?005 1)This applicant comes before the bo i adto,� unclean hands. The applicant has maintains '` 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. ra This application must be turned down based ,pp 4 reasons: 1)This applicant comes before the bo wi d � unclean hands. The applicant has maintaiov;d T w 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\% 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 GDId Sp"HQvW, H.Y. 11724 Tel. t.. (631) 367-9896 Fax Y: (531) 3672768 �:7 TO: Southold Board of Trustee Fran: Tom Dean Fa>c (631)766-641 1►agea: 6 F1wnK (631)766-18,92 Dah: 7242007 Rae Paradise Point Association Docks CC: ❑ Urgent ❑ For Rovkm ❑ Fbase Comnwnt ❑ Fhaq R@M ❑ iai t ftcyele e Comntarta: Please see attached letters. Re Sped!*, Thomas Dean Construction 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 91,OZ-OL9-919-1, ueeQ seeu04l 49£:90 LO 4Z Inf DONNA MORTIMER & THOMAS DEAN July 24, 2007 Town of Southold Board of Town Trustee's 54375 Route 25 Southold, NY 11971 Attention: James R King, President Re.- Paradise e:Paradise Point Association proposed dock re-con6garation Dent Nle King. In connection with the above referenced proceeding we write to oppose what 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-ca0ed Association dock. We vehemently oppose a Marina in the Basin and maintain full and uncompromised ripadaa *hen 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 detetmined or Legal Non -conforming Structures as you Southold Board of Town Tnutees 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 detesrnmes these docks ]]legal the PPA should be required to remove them immediately. If you the Southold Board of Town Trustees determine these doth Legal Non -conform ng 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 eaforce the Southold Code for dock length, (one-third the basin width inciudtug vessel dimensions) at the dock kscadom A dock greater dim the onfhitd rule would cause continual navigational hazards and infringe on our and other Basin -front ownels water tights There has also come into 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 ate 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 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 sinrrmty,` Donna Mortimer & T'homas 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 Town of Southold Board of Town Trustees 54375 Route 25 Southold, NY 11971 Attention: Jill Doherty, Vice -President Re: Paradise Pant Association proposed dock rerconfigunnnm Dear Mr. King. �LOM� JUL 2 5 201 Southhold Town In connection with the above referenced proceeding we write to oppose what we find to be incorrect and misleading. We are Bask—hoat 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 Matins in the Basin and maiopin full and uncomps omtsed riparian 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 docks. If the DEC determines these docks Illegal the PPA should be required to remove, them immediately. If you the Southold Board of Town Trustees determine dose docks Legal Non-cooforming Structures at the very least the PPA should be requited to reduce the dock length to its dimensions at the time the Town Code was instituted. The additional extensions and alte tmoos to this dock am Begs] and should be removed immediately. That being said at a minimum we request that you enforce the Southold Code for dock length, (one -thud the basin width including vessel dimensions) at the dock Location. A doh greater chair the one-third rule would cause coatmod navigational hazards and infringe on our and other Basin -front ow wes water rights. There has also come into question 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, rime the PPA does not own the laud thew docks we attached to, in accordance with the Code for the Town of Southold no permits should eruct without the consent of the landowner. For many years the PPA has been aware that their docks were, not properly 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. Donna Mortimer & Thomas Dean 3895 PARADISE POINT ROAD • SOUTHOLD, N.Y, • 11971 PHONE/FAS: (631) 765-6991 £'d MZ-OL9-9i9-i uesd Sswot{l d6£90 LO 17Z Inf DONNA MORTIMER & THOMAS DEAN 3uly 24.2DW Town of Southold 1 -- Board Iowa Trustee's It i 54375 Rmue 25 Southold,NY11971 Southhold Town Board o TTrustees Attentieim Peggy A. Dickerson, Tows Trustee Re: Pitudise Point Association proposed duck ere-con5guratim Dear Mc King: In connection with the above tefeteoced proceeding we write to oppose what we find to be incorrect mad mistisdng We ate Basin—front property owners at 3895 Paradise Point Road; we base our am dock and have timer used the sou called Association dock. We vehememly oppose a Marina in the Basin and maintain Lull and uncompromised apeman rights. Neither Tom not I agree with the current position taken by the PPA Board. We believe that the PPA docks am either Siegal Structures as the DEC has determined in Legg Non -conforming Structures as you Southold Board of Town Trustees have determined Either way we believe that no permits should be or should base been issued to 10116111K repaq or replace these docks. If the DEC determines these docks Mcgal cite PPA should be required to remove them immediately. If you the Southold Board of Town Trustees determine these docks Legal Non-mmforamg 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 extensions and alteration to this dock are illegal and ahomld be removed immediately. That being said at a minimum we request that you enforce the Southold Code for dock k ngtb, (one-third the basin width including vesad dimeasiow) at the dock kxntiem. A dock greater than the one-third rule would cause continual navigational hazards and infmr on our and other Baan -front owmes warm rights. These has A w come into question which members of die PPA actaany have deeded rights to use of the Baan, no dock configuration should be approved prior to resolving this issue. Furthermore, since the PPA does not own the land these dodo am amalted to, in accordance with the Code for the Town of Smuhold no permits should exist without the consent of the btndownex For many years the PPA has. ben aware that thein dodo were not property permitted and took no action, please do not reward deem. I wan to thank you for your efforts in attempting to resolve this mutter and for listening to my concerns. -Sincerely. e Donna Mortimer & Thomas Dean 3895 PARADISE POINT ROAD • SOUTHOLD, N.Y. • 11971 PHONE/FAX: (631) 765-6991 4'd 9lOZ-OL9-919-1 ueea Settto4l d%:90 LO 4Z Inf DONNA MORTIMER & THOMAS DEAN July 24, 2007 Town of Southold Board of Town Trustee's 54375 Route 25 Southold, NY 11971 Attention: Dave Bergen, Town Trustee R&- Paradise cParadise point Association proposed dock re -configuration Dear Mr. Krupp JUL 2 5 2001 of In connection with the above refereoced proceeding we mate to oppose what we find to be incorrect and misleading, We ace Basin—front property owners at 3895 Paradise Point Road; we have our own dodo and have never used the so -caped Association dock. We vebemmtly oppose a Manna in the Basin and maintain fall and uncompronxieed riparian rights. Neither Tom nor I agree with the current position trkm by the PPA Board. We believe that the PPA docks are either Illegal Structures as the DEC has determined or legal Non-confornvug Structures as you Southold Board of Town Trustees have determined. Fither way we believe that no permits should be or should Lave been issued to mainnm, repair, or replace these docks. If the DEC determines these dodo Illegal the PP4 should be required to remove them immediardy. If you the Southold Board of Town Trustees determine these docks Legal Noneonfimmmg Structures at the very hast the PPA should be required to reduce the dock length to its dimensions at the time the Town Code was imtioted. The additional ext immous and alterations to this dock are legal and should be removed immediately That being said at a minimum we request that you enforce the Southold Code for doh kogth, (one-third the basin width including vessel dimensions) at the dock location. A dock greater than the one-third rule would cause 000tioud navigational hazards and infringe on our and other Basin front owner's water rights, These has also come into question which members of tie PP.q actually have deeded ion 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 atrahed to, in accordance with the Code for tie Town of Southold no permits should exist without the consent of she landowner For artery years the PPA has been aware that tiro docks were not properly permitted and took no action, please do not reward them. gd I want o thank you for your efforo in att®pting to resolve this matter and for listening to my concerns. Sincerely, Dona Mortimer & Thomas Imo 3895 PARADISE POINT ROAD • SOUTHOLD, N.Y. • 11971 PHONE/PAX: (631) 765-6991 9WZ-0L9-9L9-L U88p Sem044i d07:90 LO 4Z Inf DONNA MORTIMER & THOMAS DEAN July 24, 2007 Tour of Southold Board of Town Trustees 54375 Route 25 Southold, NY 11971 Attention: Bob Ghosio Jr., Town Trustee Re - Paradise Paint Association proposed dor} retonfiguation Dear Mr. King. JUL 2 5 z%, In connection with the above tefetenced proceeding we write to oppose what we find to be incorrect and misleading. We ate Basin -front property owners at 3895 Paradise Point Road; we have out own dock and have never used the so-called Association dock We vehemently oppose a Masira in the Basin and mak tin fun and uncompmentsed q i rights. Neither Tam our I agree with the current position taken by the PPA Board. We believe that the PPA docks at either Illegal Structures as the DEC has detemtiaod or Legal Non- conforming Sauedua as you Southold Board of Town Txuatees have deoermioed. Father way we believe that no permits should be or should have been issued to maiaaio, repair, or replace these docks If the DEC dete®ines these dodks Illegal the PPA should be required to remove dxm immediately. If you the Southold Board of Town Trustees determine these docks Legal Nam -coot ormvtg Structures at the very l sst the PPA should be required to reduce the dock length to its dimensions at the time the Town Code was instituted. The additional estenwas and alterations to this dock are illegal and should be removed immediately. That being said at a minimum we request that you enforce the Southold Code for dock length, (one-third the basin width including vessel dimensions) at the dock location. A dock greater than the ane�third role woold coax couonmal navigational hazards and iofxioge on our and other Basin -front owneA weer dgha There has also come tmo 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 iwoe. Furthermore, mase 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 may yeas the PPA has been aware that their docks were not properly permitted and took no action, phare do not reward them. I want to thank you for your efforts in attempting to resolve this matter and for listening to my coneaas Dams Mortimer dr Thomas Dean 3895 PARADISE POINT ROAD • SOUTHOLD, N.Y. • 11971 PHONE/FAX: (631) 765-6991 9WZ-OL9-919-1 ueet] sew04l U d0490 LO 4Z Inf UCS-840(REV 1/2000) 1-<....... .. .. _._._..__... REQUEST FOR J-MICIAL INTERVENTION For Clerk Only COURT COUNTY INDEX NO. DATE PURCHASED .'TITIONr RS : Victor J. Zupa, Mary S. Zupa, JR�� IAS entry date Paradise Point Basin Association, Inc. �ti/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 lrrmf a corpus (clerk enter return date: r 1(+�,, �I IL}'� Relief sought v e Y: [ I Other ex parte application (specify: UUL 1 9 2001 �J 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 is a party, except arbitration) -INS ( ) Environmental -EN [ ] UCC (including sales, negotiable -UCC ( ] Asbestos -ASR instruments) [ ] Drea.t 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 -GOND [ ) Art. 75 (Arbitration) -ART75 [ Landlord/Tenant -LT [ ) Art. 77 (Trusts) -ART77 [ I `Other Real Property -ORP [a.] Art. 78 -ART78 ( j Election Law -ELEC [ ) Guardianship (MHL Art. 81) -GUARD81 OTHER MATTERS ( ) 'Other Mental Hygiene -MHYG [ I -0TH [ ) `Other Special Proceeding OSP TORTS ♦ R 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 k1 Does this action/proceeding seek recovery for personal injury? [ 1 V Doee this action/proceeding seek recovery for property damage? Pre -Note Time Frame.: (Thio 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: 0-8 months o Standard: 9-12 months D Complex: 13-15 months Contented Matrimonial Cane. Only: (Check and give date) Has summons been served? ❑ No Was a Notice of No Necessity filed? O No ATTORNEY(S) FOR PLAINTIFF(S): G Yes, C Yes, Self Name Addree. Phone Rep.• ❑ Wickham, Bressler, Gordon 6 P.O. Box 1424 11952 631-298-8353 - ,— ATTORN..Y(91 POR DRPR: ANT(91: Self Rep. - Name Address Phone '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) FRT[' T_ RRRSST.ER (PRINT OR TYPE NAME) PETITIONERS ATTORNEY FOR ATTACH RIDER SHEET IP NECESSARY TO PROVIDE REQUIRED INFORMATION -,—,!li2nap. ups 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 Regulations of the State of New York ("6 NYCRR") by PARADISE POINT ASSOCIATION, INC. (Suffolk County) Respondent .............................. ....... ..x D El D JUL - 9 ',2007 southba Town Board of Trostaaa ORDER ON CONSENT k l -a00 %05/0-/5'q 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 3'x27' 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 docl,;_L3� Installation of a 1T 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'x19' 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'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 o coziditionsof 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 Commissioner, of Environmental Conservation Un Esseks, Hefter & Angel, LLP 108 East Main Street Riverhead, New York 11901 Regional Page 3'of 5 Y 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 0 Name: P PAIVJ cE G kE M - Title: foresIcie-n1- an individually dually authorized by the respondent to sign and whom may bind respondent to the terms and conditions contained herein. Date: J -i -r— ACKNOWLEDGMENT STATE OF NEW YORK ) ss.: COUNTY OF "If ) On the 16 day of Lti:" in the year 2007, before me personally came &«rrr , to me known, who, being duly sworn did depose and say that he resides at 330 6 e7 �2' Ph, y , that )z6is the 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 —&qday of Notary Pu lic DOLORES F. MARTIN Notary Public, StaWof New York Page 4 of 5 No. 01MA6132034 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 date this Order is executed, Respondent have conducted the following removal: Remove pilings and two dock structures and reduce andreconfigure 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 o the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR') by PARADISE POINT ASSOCIATION, INC. (Suffolk County), Respondent ....... .......................... .... ..X ORDER ON CONSENT k/ -a0°7050 -15,q 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 requisitepermit; and WHEREAS, the Department has documented the following violations of ECL § 25- 0401.1 and 6 NYCRR Part 661: (1) Installation of a 3'x27' 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 regulate d_tidal l.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'x19' 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'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' 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 perforin 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 further . ORDERED, that in those instances in which the Respondent desires that any of the _provisiona,_terms oL couditians_of-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 terns 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 .0 of Environmental Conservation Regional Y --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. STATE OF NEW YORK "If COUNTY OF SbTFb K PARADISE POINT ASSOCIATION, INC. Respondent M Name: PA -Mi CE C- KE )TT Title: pr e s I CI e�+ an individually dually authorized by the respondent to sign and whom may bind respondent to the terms .and conditions contained herein. Date: j-/ !blot ACKNOWLEDGMENT On the 1 day ofin the year 2007, before me personally came PA-7P-rG& 1<ti 7-7 to me known, who, being duly sworn did depose and say that he resides at ,30 € 4�: PA, c &:4"v 100;a that p0 its the pp -6;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 —1L ay of ,2007 -- --- -...-- -- ------ ------ -- -- _.. _._ 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, 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 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 Regulations of the State of New York ("6 NYCRR") by PARADISE POINT ASSOCIATION, INC. (Suffolk County), Respondent .......... ........................... ..X ORDER ON CONSENT RI-ao°7oJAI 0'(�`� 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 3'x27' 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_ 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'x19' 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'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' 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 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, terms 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, funis 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 M Esseks, Hefter & Angel, LLP 108 East Main Street Riverhead, New York 11901 of Environmental Conservation Regional Page 3'of 5 Y 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, terns and conditions contained therein. PARADISE POINT ASSOCIATION, INC. Respondent By: k;k(--, ,N^ Name: PA-rpj GE G KE )-r7- Title: TT Title: Pr e s I el e.n E - an individually dually authorized by the respondent to sign and whom may bind respondent to the terms .and conditions contained herein. Date: 1 7L10 i ACKNOWLEDGMENT STATE OF NEW YORK ) ss.: COUNTY OF � ) On. the ! � day of M!�l in the year 2007, before me personally came Vfil rG& kt1TT , to me known, who, being duly sworn did depose and say that he resides at 330 7 /657` 'It /4A, 6 ry 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 oda of u -u , 2007-- --- --- -- — ----------- .._... — -- . _.... _ Notary Pu lic DOLORES F. MARTIN Notary Public, Stateof New Yo* 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 0 • Paradise Point Association C/O Patrice Keitt 320 East 57th 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, Patrice Keitt President IRE C E IV E D AUG -6 2007 Sout M Town Board of Trustees E James F. King, President Jill M. Doherty, Vice -President Peggy A. Dickerson Dave Bergen John Holzapfel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD � ] Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1592 JUN 2 9 207 f�Illl Southold TOWII APPLICATION FOR AN AMENDMENT TO A WETLAND PERMIT DATE 1V" a 2.9, SdD? OWNER'P1"PUS }b -.T /+SSN.-XWC PHONE (*1/- 765- 9033 ADDRESS PAS14 20, $a.-Nm.O ,1r•rl. AGENT iy"A) IA • 2ARIt PHONE 431- 763"- 9033 ADDRESS 2AJO 2^SW COAj SuQM * 4-1 PROPERTY LOCATION BACIIJ 11*00 S%A4)49.0 TAX MAP NO. 5 C TM 0- O I � I ^/6 .)C) I/We fAA^1101 Ne+f AV-- INC . request an Amendment to Permit # 4'7-04? to J+L#6141L4 APvtt!' fM9 1i U6 Fiy(sM F1.,4*1S (1) 3-yLo i(LI 3 d yo w 1k VIILVC n•�• fAA0kLL9L To TNI Ch*A# W -041S CHAtic¢ 1NNS �«r+og gy E 'D At(0> i OG TM¢ 1.H5 C, Signed By:� 0 6 Paradise Point Association c/o Patrice Keitt 320 East 57`h Street New York, New York 10022 To: The Board of Trustees Town of Southold January 19, 2006 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, VaA Patrice Keitt President, Paradise Point Association cc: James Walker via facsimile JAN 2 3 2005 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE To: Town of Southold Board of 1'rOilstee 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 MAILING ADDRESS: y pF SOpTolo P.O.o. sax ll 79 t Southold, N 111 971 T T OFFICE LOCATION: Town Hall Annex A Q 54375 State Route 25 �yCow (cor. Main Rd. & Youngs Ave.) p� Southold, NY Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE To: Town of Southold Board of 1'rOilstee 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 S11 ..N. WILLIAM W. E59EK9 MARCIA Z. HEFTER STEPHEN R. ANGEL JANE ANN R. KRAT2 WILLIAM POWER MALONEY CARMEIA M. DI TALIA ANTHONY C. PA9cA N ICA 0- STRUNK NANCY SILVERMAN LIsA J. Ross TNEOOORE D. SKLAR OF COUNSEL EssEKS, HEFTER & ANGEL GOUN39LO40 AT LAW 168 EAai MAIN STREET P.O. Box 279 RIVERHEAD, N.Y. 11901-0279 (631) 369.1900 TELECOPIER NUMBER (631) 369-20GO June 17, 2005 VIA PACSIAJUX 765-6641 Town of Southold Board of Town Trustees E C E Q Southold Town Hall 53095 Route 25 P.O. Box 1179 JUN 1 7 2005 Southold, NY 11971 Atta.: Lauren Standish Southold Town Re: Application of Paradise Point Association Dear Mrs. Standish: WATER MILL OFFICE MONTAUK HiGwwAY P. O. Box 370 WATER MILL, N.Y. 11976 (631) 726.6633 As you know we represent the applicant Paradise Point Association, which has an application pending before the Trustees. TEs 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. very , A%L--- 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. TCe aooimmuaceompoa,�mSWis teumpy¢aoamisrim wabin vdenaarienvduohbaobaeotiol oad/atleg[l�ypriY[le�ed. TDei�nmm®is lnemam mq�farrbevn o[ tlw u��[NW m mtigmaved m /N[ mu[minim sic Jfrou aro m[rhe immded �Pi°1a.Ywanhaebymdfied th,[ mr�zlmure, mpyieQ dim[buliw or16e bl®g of my mUain mhmw w the mmeab ditWW*piedWbmutiaeis miaW"V* m &Kdm dw=mb Wm"bs[ebmwdm dds9rmimm[d1mly. Into rem dyouhovemoeived [bie biemq in mor, plawwmy usbytel[phom immNiO°y- DA'M SENT: TR4 SEND MTLAL& T'd EVS'ON 739NU 83133H SN3SS3 WdZZ:E S002'LT*wnr Albert J. Krupski, President James King, Vice -President Artie Foster Ken Poliwoda Peggy A. Dickerson BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 0 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 Office Use Only S2 (,,r LU -)r -e t01b1AS _Coastal Erosion Permit Application _/Wetland Permit Application Administrative Permit Amendment/Transfer/Extension .iReceivcd Application:. (e —Received Fee:$ ID. �'(,(J.¢.\, PD q 0 --Completed Application O '— _Incomplete �I D _SEQRA Classification: APR 2 2005 1' Type 1Type II_Unlisted 2 _Coordination:(date sent ECAC Referral Sent: Southold Town .� Date of Inspection: Oil 10'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 9k "0 0 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 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. feet 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. 0 0 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 Research Associates, Inc. do hereby authorize Inter -Science (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's signature) 0 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 C•[i� /)refldti Paradise Point Association, Inc. Basin Road Southold, New York 11971 Frankamarante Sworn to before me this Q%t day of Notary Public, State of I :cw Y'�: ; �n /0 - 2004 No. 24-4995829 Qualrfied in Kings County Commission Expires C;Iay 4, :`o 06 rotary Public) H:Uvlm ffomsW rni I.WPD Ard of Trustees Applicatioro County of Suffolk State of New York P/.\-2. i Ce C VC i T T BEING DULY SWORN DEPOSES AND AFFIRMS THAT HEISHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HISMER 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 OFI BA�,2oQ�J- FrankAmararte Ac;ary Public, State of New No. 24-4995829 QuaHfied in Kings County Commission Expires May 4, 200 Notary Public 0 0 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 11801-1627 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 1. , 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 Naite: 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 4t-5- 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 of120 Notary Public DIANE E NOTARY PUBLIC, Stnt of New York NO-01 es mSulkoQualiffoCunCommission Expiros July ya ctJ RECEIPT 7100 0000 0010 0000 4508 FROM: Inter-$ciente Research Assoc., ini RE'. Paradise Paint Assoc.. Int SEND TO: Patnck I low A 29S Spsaal Restrictedd Receipt 1.75 TOTAL $ 5.11 POSTMARK OR DATE RECEIPT 7100 0900 0010 0000 4539 FROM: Inter -Science Research Assoc.. Ini RE: Paradise Point Assoc., InL SEND TO: ��,�; �;r Richard y. .fs 1025 Bohe 117 o �N FEES: �QJ Posta9 .08 Certified e Special USP Restricted Receipt 1 75 TOTAL $ 5.11 POSTMARK OR DATE RECEIPT 71060000 0010 0000 4553 FROM: Inter -Science Research Assoc, in, RE Paradise Point Assoc., Inc. SEND Special Restricted Receipt 1.75 TOTAL $ 5.11 POSTMARK OR DATE •eiy, e. oelvme type I R -SCIENCE RESEARCH ASSOC., IN I. f OX 1201 xtreFee) QYes CERTIFIED SOUTHAMPTON, NEW YORK 11969 By: (Please Print Clearly) C. Date of Delivery a..e_b ........... ZIP. •. - Cb 2. Article Numbef 7100 0000 0010 0000 4508 1 7100 0000 0010 0000 4508 1. Article Addressed To: PATRICK J. 8 DONNA MORTIMER 10 WESTMORELAND DRIVE HICKSVILLE NY 11801-1627 INTER -SCIENCE RESEARCH ASSOC-, INC 4. Restricted Delivery? &Service Type PO BOX 1201(Extra Fee) ❑Yes CERTIFIED SOUTHAMPTON, NEW YORK 11969 . 2 Article Number 7100 0000 0010 0000 4539 �. I Received By: (PI e P * CI a t27Ca . _ 1, t�tlr Date of Delivery / 5— _ J Addressee's Address raoMemsFmmAerm•raeegsend�d ..................Eli............. slate 21P • 4 code RECEIPT 7100 0000 0010 0000 4548 FROM Int.,-Soence Research Assoc., ini RE: Qarad�ise Point Assoc., InC FE �i gewood r�07450 � PosUSQS 1.08 Certified 2.30 Special Restricted Receipt 1.75 TOTAL $ 5.11 POSTMARK OR DATE i 1111111111111111111111111111111111111111 71C,p 0000 0010 0000 4539 1. Article Addressed To: RICHA:.MAKELEY 1625,,ASYCAMORE AVENUE BOHEMIA NY 11716 RECEIPT 7100 0000 0010 0000 4522 FROM: IntefSaence Research Assoc., In, RE -Paradise Point Assoc.. In, SEND TO: Victor J. a S. Zupa 1t Road elPr USPS 1.75 DTAL 11 $ 5.11 POSTMARK OR DATE RECEIPT 7100 0OC. 0010 0000 4515 FROM: Inter-°�hs;ce Research Assoc., Inc RE: Pa.Mise Point Assoc.. Ire SEND Special"U� a Restncter Receipt 1.75 TOTAL $ 5.11 POSTMARK OR DATE f RECEIPT 7100 0900 0010 0000 4560 FROM: Inter -Science Research Assoc., Inc 1 RE: Paradise Point Assoc., II 'll 41P/Mre NY 14952 as . rt09@�r r� / 1.06 Ce Cenme 2.30 Special Restricted Receipt 1.75 TOTAL $ 5.11 POSTMARK OR DATE RECEIPT 7100 0000 0010 0000 4485 =ROM: Inter-Seence Research Assoc., In, RE: Paradise Point Assoc., In4L NY =EES: Postage .+G .06 Ceried Fee US 2.30 Special -- Restricted Receipt 1.75 'OTAL $ 5.11 POSTMARK OR DATE I —SCIENCE RESEARCH ASSOC, INC P X 1201 SOUTHAMPTON, NEW YORK 11969 mree �euveiyr a. oeca lylx rvii Fee) ❑ Yes I CERTIFIED I 2 Article Number I I 7100 0000 0010 0000 4515 �`Ass'i tur@: (Add a or ^t) IIIIII IIIIIIIIIIIIII IIIIIIIIII VIII II III B. Reird : (Please Print Clearly) j 7100 0000 0010 OOOD 4515 i Date of Delivery 7J 5V0 f 1. Article Addressed To: l/ 111 i.Addres6ee's Address(eoa FmnA up bysendo STEVEN T• li ANDREA KOLYER 24 GRAMERCY PARK SOUTH, APT. 3E ;��......................... .. .......... NEW YORK NY 10003 a nd•ry Access• I Suit• I -Rpt. l Flow iPli•+• Pratt CMI 7.n.•ry Adar... ................................................. ........................... :11y etoi LOTT 1 Cay � I INTER—SCIENCE KI ASSOC•, IN 4. Restricted Delivery? aService Type PO BOX 1201 (Extra POO) E]Yes CERTIFIED SOUTHAMPTON, NEW YORK 11969 , 2 Article Number 7100 0000 0010 0000 4560 u e ddressee or 13A9ent) IIIIII IIIIIIIIIIIIII IIIIIIIIII IIII III III � Id By: (Please Print Clearly) 7= 0000 0010 0000 4560 /d,K rebs (tleaM•NFmngddns•UwdayB•nyr) 'SecenMry xaviiiTSWiiI.W.r Floc;.(P7ecsc vnd-CiiiI siiie INTI PO I SOU'- I Signatl Addressee or OAgent) Received By: (Please Print Clearly) Date of Delivery Addressee's Address ItlWR•mdFmmalew•rr+MMs•Ms3 .............._.............................itW ...........ZIPT'i'....... cltr stat• ztv.4 cvd. 1. Article Addressed To: STEPHEN J. PERRICONE P.0• BOX 41 MATTITUCK NY 11952 III 1 I. o.an.red nenvgrv9 I&Service Type Ti TIFIED� 7100 0W_' 010 ad" 4485 �! 1 l IIIIII IIIIIIIIIII ,qV�I�II� 7100 0000 O01OiCL11+ 485 1. Article Addressed To: EDWARD I BOYD CEDAR BEACH ROAD, BOX 1468 SOUTHOLD NY 11971 a Albert J. Krupski, President James King, Vice -President Artie Foster Ken Poliwoda Peggy A. Dickerson 0 BOARD OF TOWN T)iUSTEES TOWN OF SOUT OLD i BOARD OF TRUSTEES: TOWN OF SOUTHOLD ~ In the Matter of the Application of --E /]q&W-�---&9A --- 0A)d__r COUNTY OF SUFFOLK) STATE OF NEW YORK) I James L. Walker Southampton NY 11968 AFFIDAVIT OF POSTING residing at 54 center .Avenue 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 ov'kiif 9-'W Dated: Sworn to before me this I g qday of )Y��200 S_ Notary Public DIANE E. ERMN NarARY PUBLIC, State of New York No.01 ER5062660 Qualified.n Suffolk Coumv Commission Expires JUIY 1 Town Hall =�Q�O$UFFO(/(COGy 53095 Route 25 H P.O. Box 1179 , Z uO Southold, New York 11971-0959 • t` '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 of --E /]q&W-�---&9A --- 0A)d__r COUNTY OF SUFFOLK) STATE OF NEW YORK) I James L. Walker Southampton NY 11968 AFFIDAVIT OF POSTING residing at 54 center .Avenue 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 ov'kiif 9-'W Dated: Sworn to before me this I g qday of )Y��200 S_ Notary Public DIANE E. ERMN NarARY PUBLIC, State of New York No.01 ER5062660 Qualified.n Suffolk Coumv Commission Expires JUIY 1 May -24-05 01:25P Int-Scienc® 631 5974 INTEi5CIENCE KE,ILAKi.HAYSUC.IAII:, It:'. 0.l`..., I•1P.n. 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 Ke: Paradise Point Association Suffolk County Tax Map Number 1000-81-1-16.10 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. Rc ectfully suubpbmittped, (� `,- WA' J cs L. Walker Pn cipal Planter JLW: jiw enclosure copy: Patrice Keilt ridPardwtPoh#TQSFII r•TTFRu9ww.s.sPd 11i I B(1F I)( -I • in IJI ",I,NI $I RLLi • SIAJ I H:IPIRrOPa, PIF'A (;)1tH :IW.') I'C -*I dbl n9sh • !P.t' I Mi,'-Jn P.O1 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 ITo he comoloti d be Anolicant or Proieet Snensorl 1. APPI ICANT/SPONSOR 2. PROJECI NAME Paradise Point Axwciatlon, Inc. Marina Rcvitalizatiun a. PROJECT LOCATION: Municipality Town ul Suulhuld County Suffolk County 4. PRECISE LOCATION (Street address and read intersections, prominent landmarks, etc., or ptovido map) I1asin Road - See Su Ilolk Courtly Tax Map, United Slates Geologic Survey, and Hagstrnnl Atlas 5. PROPOSED ACTION IS: ❑ Nuw ❑ Expansion ✓❑ Mndific rtion/alleraflon 6. DESCRIBE PROJEOr UHILFLY: Marina lcvitalizalion per supplied plans. 7. AMOUNT OF LAND AFFECTED: Initially, LS Beres Ultimately 1-8 acres IT. WILL PROPOSED ACTIONCOMPLY WITH EXISTING ZONING OR OTHFR EXISTING LAND USE RESTRICTIONS? zYes n No If No, describe briefly Not applicable 9. WHAT IS PRESENT LAND USL IN VICINI TY OF PROJECT? Z Residential ElIndustrial❑ Commercial E] Agriculture ❑ 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: ACDF, 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. ASA RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION7 es ❑✓ No Not applicable I CERTIFY TI IAT THE INFORMAI ION PROVIDLD ABOVE IS TRUE TO THF F1t51 Oh MY KNOWLEDGE ponsur : lames L. Walker, Princi al Planner Dow: ,Ip. tN r If the action is in the Coastal Area, and you are a state agency, complete the oastai Assessment Form before proceeding with this assessment f1VFR '.Reset 0 PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) 0 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: C3. Na Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly C4. Acemmunity's 0a 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. Longterm, short term, cumulative, or other effects not identified in C1-05? Explain briefly: C7. �0 Other impacts (including changes in use of either quantity or type of energy? Ex p Iain 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 Iain brief) : Yes ® No E. IS THERE, OR IS THERE Yes ® No LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: PART 111 - 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; (e) 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 E AF 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 ax WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting 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) 0 0 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM 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 shares. 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 applicantlagent/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 4 - Submitted this _day of beu 200 Signature t ' Print Name OA M, C 6 C, k t I r r n U n U 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)283-59158/(631)283-5974 FAX SUBJECT: Paradise Point DATE: July 20, 2005F�U L 25 MESSAGE: sal,u."Id lj%n R: 11 m ][:1'11111 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. Alternate 11A. Tum 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. Alternate IIB. Turn outer pier. CreateL-Dock with 6'x20'sectionwhich 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. 11 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. 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 RLJUN C E � U E P.C. Box 1179Southold, New York 11971-0959 1 � 2005 Re: Paradise Point Association Suffolk County Tax Map Number 1000 81-1outhold 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 C1 Albert J. Krupski, President James King, Vice -President Artie Foster June 1, 2005 Dear Applicant: ID OF TOWN TRUSTEES TOWN OF SOUTHOLD J Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax(631)765-6641 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 ypu have any questions regarding the above. Sincerely, Albert J. Krupski, Jr., President Board of Trustees Enc. Town of Southold • • LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for perrriits* 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 Trustees'LJ 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: 1 r-1 Nature and extent of action: Main Dock; Replace 61x100' floating dock; three (3) 6'x20' floating docks; 4'x12' 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 2 9 7 - 4 714 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ® No 1:1 If yes, which state or federal agency? A CO E, NY S D O S a 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. MYes 0 No [:] Not Applicable This project allows basic improvements to an an existing property owner's association doc a ows a ici ot in rastructures. I t ma 1, ene 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 racliny 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 XC 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 u k ea 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 XU 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 replacement decking a comp ete wit non-treate um er, o ea ��. L,ais aspect or 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. ❑ Yes ❑ No f5 Not Applicable The project is a simple in-place and in-kind replacement of existing floating docks and re -setting pings. 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 5 Not Applicable No new water -dependent uses are proposed. E 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 ❑ NOT: -fl Not Applicable Not applicable. Created on 5/25/0511:20 AM r ! INTEI-CIENCE • RESEARCH ASSOCIATES, INC. ENVIRONMENTAL PLANNING & DEVELOPMENT CONSULIANIS RI JIARD ERIKWARREN,AICP Fes. Jami 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. JLW: jlw enclosure copy: Patrice Keitt E \Pa,adiseP.int\TOSHLETTER05122005.wpd Respectfully submitted, • U3� t Walker Planner POST OFFICE BOX 1201 • 36 NUGENT STREET • SOUTHAMPTON. NEW YORK 11969-1201 • 631-283-5958 • FAX 631-283-5974 Apr -27-05 11:17A Ir-Science 6102133 5974 IN'TEr6CWNCE RESEARCH ASSOCIATES, INC. ENVIRONMENTAL PLANNING & DEVELOPMENT CONSUITANTS RICHARD ERIK WARItLN,A1CP April 27, 2005 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 Boyd 0 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 minimize damage. Please continue your review of this prgiwi and letme know ifthere is anything else nueded foryour review. Should you have anyquestions regarding this cover letter or the project in general, pleasedonot hesitate to contact this office. Thank you liar your prompt attention to this matter. JLW: j1w enclosures copy: Patrice Kcitt (w/copy) F.T..&O11.1 PP.ATfTTRROp??Mi.wpd ty submitted I e, .�W alker lanner POST OFFICE BOX 1201 • 36 NUGENT STREET • SOUTHAMPTON, NEW YORK 11969-1201 - 631-283-5958 • FAX 631.283-5974 P.OIL Apr -27-05 11:18A Ir-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 xxxxxxx*x#�#�########*#****#*�#*+#*##sWrtrtrtrtrtrtrtrtrrtrt####++#+*++++x++xxxx++rtrtrtrtrtrt PRF.PARE;D FOR: Paradise Point Association, Inc, c/o Ms. Patrice Knill 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 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, Army 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-Science69 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 fomtal 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 11X1'-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" Rump 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 compacted 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 Suflolk 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. ;r• —ci—US 11:18A Ir._gcience 640 283 5974 P-04 lite 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 with including Notices and Completion. All work will be done in accordance with thof('onnncncemcnt e Board ol'Trustees Policies. F' �Pand'SCPCiMf0CJ1PNA1(J1Xj'I VI:W 272WS.wpd 7_1 — // \ \ I � � I i I 1 Scale: l' = 30' IN � o 0 41 0 q - 4b 4b 0 OO -- -2.6 -4.3 -2.9 -0.9 -0.1 -7. -0.0 ---Spring High Tide Line Paradise Point Association, Inc. Site Map Paradise Point Date: April 17, 2007 Town of Southold ^ E�—,(n Suffolk County, New York Int I I II JUN 2 9 2001 Prepared for: Paradise Point Association, Inc. c/o Ms. Patrice Keitt 320 East 57th Street - Penthouse E New York, New York 10022 Existing Docks to be Removed - D R A F T - F O R D I S C U S S APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD DATE 71gy1e7 I O N P U R P O S 101' from Spring - High Tide to end - of Proposed Dock E S O N L Y - Inter -Science Research Associates, Inc. 36 Nugent Street, P.O. Box 1201 Southampton, New York 11969-1201 631 2835958 Fax: 631 2835974 This is not a survey File: Kolyer, Andrea - Paradise Point /Paradise Point 04172007.dwg © 2007, Inter -Science Research Associates, Inc. M-\CLIENTS\Paradise Point slyer, Andrea\Paradise Poin1:04V2007Ad g, 2406 Full site, 4118/20074-45:10 PM, johal, Oversize: Arch D (landsrzpe), 1:1, Inter -Science, Inc. II — I E S O N L Y - Inter -Science Research Associates, Inc. 36 Nugent Street, P.O. Box 1201 Southampton, New York 11969-1201 631 2835958 Fax: 631 2835974 This is not a survey File: Kolyer, Andrea - Paradise Point /Paradise Point 04172007.dwg © 2007, Inter -Science Research Associates, Inc. M-\CLIENTS\Paradise Point slyer, Andrea\Paradise Poin1:04V2007Ad g, 2406 Full site, 4118/20074-45:10 PM, johal, Oversize: Arch D (landsrzpe), 1:1, Inter -Science, Inc. i I\ Scale: 1" = 30' Bulkhead and Shoreline Survey Based on the Work of Others ------Spring High Tide Line Paradise Point Association, Inc. Site Map - Paradise Point Date: April 17, 2007 Town of Southold Suffolk County, New York Prepared for: Paradise Point Association, Inc. c/o Ms. Patrice Keitt 320 East 57th Street - Penthouse E New York, New York 10022 MAY - g 200 Oo V i i i 0 �O � O` -0.1 -4.4 -5.2 -3.0 -5.1 8 -2.0 -1.0 -2.2 -C -0.0 -0.8 ALW `qHW i ^b. ^ti oo, ,o GSA S 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 1 01'from Spring High Tide to end,,, of Proposed Dock O N L Y - i \ P U R P O S E S 1 01'from Spring High Tide to end,,, of Proposed Dock O N L Y - Inter -Science Research Associates, Inc. 36 Nugent Street, P.O. Box 1201 Southampton, New York 11969-1201 631 2835958 Fax: 631 2835974 This is not a survey File: #Mwmmmmw- Paradise Point /Paradise Point 041 72007.dwg © 2007, Inter -Science Research Associates, Inc. M:\CLIENTS\Paradlse Point Kolyer, Mdrea\Paradise Pom[04172007.dwg, 24x36 Full Site, 4/17/200711-49:03 AM, johns, Oversize: Arch D (landsmpe),1 1, Inter -Science, Inc. i Inter -Science Research Associates, Inc. 36 Nugent Street, P.O. Box 1201 Southampton, New York 11969-1201 631 2835958 Fax: 631 2835974 This is not a survey File: #Mwmmmmw- Paradise Point /Paradise Point 041 72007.dwg © 2007, Inter -Science Research Associates, Inc. M:\CLIENTS\Paradlse Point Kolyer, Mdrea\Paradise Pom[04172007.dwg, 24x36 Full Site, 4/17/200711-49:03 AM, johns, Oversize: Arch D (landsmpe),1 1, Inter -Science, Inc. 1-7.45' I 573_°395j„ JUT, 33.3p, F C I u W u I In I _v I i iry4„E I 2.78' I EARTH FILLED BULKHEADED JETTY (ALSO KNOWN �Sf4RBOR SOU7HOLD BAY) 22.11' PPROZAZ HIGH WATcR MARK OP 1963 AS INFAL 11 ON'T1AP OF EEOTION ON, , PARgp°� POINT AT EAYVIEW' >a2q"4'E N81°48'17"E now or formerly Ronald Hermance 4 Kris Hermance L. 121-78 cp. 523 TIE LI . HID, I h No� �NMARK 0 "W or ,corm z�pQ � y 8/ CP. 88 �pO F 3/' 'Ibt41�"'y�-7AA.9.iCCy\y\ ?p \ � S O � O \ \ e/a, /080 ht �o3>F 4 CP. S � SS ASPHALT ROApyyAy N i L TF NEW 5'x20' FLOAT .�"' ,I?�j I 0fe L 0 6 oa w O C C �� N IT) ;nv �' % 9\>6 I � f C �-�., •• NEW 4'x12' RAMP C n- A EXISTING WALK. FAMP, Mb / "I •t c J 'dLo 1() N C FIAATIN6 DOCK TD 86 RGMOVED R NEW 9x40' �II l' ', ,111 WI FLOATS Q O / ^"� B/1C,IN , ., NEW 65,16' FLOATING DOCK Zit 02 O s n J O L 573_°395j„ JUT, 33.3p, F C I u W u I In I _v I i iry4„E I 2.78' I EARTH FILLED BULKHEADED JETTY (ALSO KNOWN �Sf4RBOR SOU7HOLD BAY) 22.11' PPROZAZ HIGH WATcR MARK OP 1963 AS INFAL 11 ON'T1AP OF EEOTION ON, , PARgp°� POINT AT EAYVIEW' >a2q"4'E N81°48'17"E now or formerly Ronald Hermance 4 Kris Hermance L. 121-78 cp. 523 TIE LI . HID, I h No� �NMARK 0 "W or ,corm z�pQ � y 8/ CP. 88 �pO F 3/' 'Ibt41�"'y�-7AA.9.iCCy\y\ ?p \ � S O � O \ \ e/a, /080 ht �o3>F 4 CP. S � SS ASPHALT ROApyyAy N i L TF NEW 5'x20' FLOAT .�"' ,I?�j PIER GATWPJ_K ' ' 0fe L 0 6 0 w O C C �� N IT) ;nv �' % 9\>6 a 2 �' � EARTH ROADWAY \ UO 586°5322E � Po'IL.ETM ,. :`� 19,58' �"� P,e❑ `rN \t pypTro �O 10��3 N'j2°\��„�58227 EAp9 ,1 \- 2� a . EXISTING DOCK) f,` TO BE REMOVED 21.51 a N86°56'59"E 9. 574,727O,E NEIN 4'xI5' FIXED '04' >; y4% i .10 i' ry /' ym Lot II 5ubdivislon - "Map of Section One, Paradise Point At Bayvlew" Suffolk county Pile No. 3'161 now or formerly Edward John Boyd, V L. 1184-7 cp. 630 O - NGNUNENT 4T MONUMENT FWNp0 -STAKE SET A - Si.VfE FOUND Q - FEE FOUND / 1160 WATER MARK A5 DESCRIBED / 1N D® L 12115 CF. 523 / ANEW KALK, RAMP, AND FLOAT Area = 2.4542 Acres WALK, RAMP, AND FLOAT EXISTIN6 W K, RAMP, AND `I PLOATIN6 DOCK TO BE REMOVED m O z / / `E%ISTIN6 WALK, RAMP, AND 4 FIAATIN6 DOCK TO BE REMOVED d i / I / / HIGH WATER MARK ALONG O5AD LOCATEDD ONN NCV.V. 2, 2, 3M4 \ , EXI5TIN5 WALK, RAMP, AND FLOATING DOCK TO SE REMOVED' V✓ . NEW AALK, RAMP, AND FLOAT APPROXIMATE HIGH WATER MARK OF IR65 A5 INDICATED ON 'MAP OF SECTION ONE, PARADI6E POINT AT BAYVIEW" _.T _._.—.—.—._ — N 7 / W N S C O. C im 01m Q O N Z V OQLL 0 CL_ E7 ofd INU N O � Y -0 Ira N B,4S/N IRO AD Lot 5 Subdivision - "Map of Section One, Paradise Point At Bayview" Suffolk county File No. 3761 now or formerly Victor J. Zupa E Mary S. Zupa L. 1190-7 cp. 984 Lot 8 Subdivision - "Map of Section One, Paradise Point At Bayview” Suffolk county File No. 3"761 now or formerly Henry O. Elfers L. 5429 cp. 529 °36'2T'W 91.82' 3-7.21' �� N88°11'31"W 3�U- \ Lot 10 N89°ITOT1IN dpi R Subdivision - "Map of Section One, 0 Lot 4 Paradise Point At Bayview" T Subdivision - "Map of Section One, Suffolk county File No. 3"161 �: m Paradise Point At Bayvlew" '1 Suffolk county File No. 3-761 now or formerly Patrick J Mortimer b Donna Mortimer now or formerly Henry C. Elfers L. 11886 cp. 545 L. 5429 co. 529 APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD DATE 30 Or E DEC 2 8 2005 Young & Young 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Howard W. Young, Land Surveyor Thomas C. Wolpert, Professional Engineer Robert C. Tast, Architect Ronald E. Pfuhl, Landscape Architect Douglas E. Adams, Professional Engineer NOTE • PROPOSED DOCK LAYOUT AS SHOWN ON MAP BY INTER -SCIENCE DATED OCTOBER 11, 2005 • SUBDIVISION - "MAP OF SECTION ONE, PARADISE POINT AT BAYVIEW" FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON APR. 11, 1963 AS FILE NO. 5761. • THE LINE OF THE LANDS UNDERWATER 5HOWN HEREON ARE NOT CERTIFIED, AS WE QUESTION THE LAN6UA5E OF SOME OF THE RECORD DESCRIPTIONS. ENGINEER'S CERTIFICATION F� HOWARD W. YOUN6, NY 5. L.S. NO. 458951 THOMAS r. WOLPERT, N.Y.S P.E NO. 61465 DOUGLAS E. ADAMS, N.Y.S. P.E. NO. 80691 SURVEY FOR PARADISE POINT ASSOCIATION, INC. At Bayview, Town of Southold Suffolk County, New York 0 C SKEIN k�1qt5 pt 1000 81 OI 16.10 County Tax Map o1�nm 1000 s°&w 81 Black OI Loo P/O 16.1 a PROPOSED DOCKS DEG. 22, 2005 DEC,'14, 2005 MAP PREPARED NOV. 28, 2005 SCALE: ”=30' BP ,k JOB NO. 2004-0689 DWG. 2004_0051_bp fi`„b3 'his �ebk F S1 i N88°O5"56EE i NEW 5'x20' FLOAT .�"' ,I?�j PIER GATWPJ_K ' ' / w I / �� / IT) ;nv �' % / i / 1 1 \ fl� �-�., •• NEW 4'x12' RAMP J1 n- A EXISTING WALK. FAMP, Mb / "I •t q,fk / % FIAATIN6 DOCK TD 86 RGMOVED R NEW 9x40' �II l' ', ,111 FLOATS O / ^"� B/1C,IN , ., NEW 65,16' FLOATING DOCK Zit >; y4% i .10 i' ry /' ym Lot II 5ubdivislon - "Map of Section One, Paradise Point At Bayvlew" Suffolk county Pile No. 3'161 now or formerly Edward John Boyd, V L. 1184-7 cp. 630 O - NGNUNENT 4T MONUMENT FWNp0 -STAKE SET A - Si.VfE FOUND Q - FEE FOUND / 1160 WATER MARK A5 DESCRIBED / 1N D® L 12115 CF. 523 / ANEW KALK, RAMP, AND FLOAT Area = 2.4542 Acres WALK, RAMP, AND FLOAT EXISTIN6 W K, RAMP, AND `I PLOATIN6 DOCK TO BE REMOVED m O z / / `E%ISTIN6 WALK, RAMP, AND 4 FIAATIN6 DOCK TO BE REMOVED d i / I / / HIGH WATER MARK ALONG O5AD LOCATEDD ONN NCV.V. 2, 2, 3M4 \ , EXI5TIN5 WALK, RAMP, AND FLOATING DOCK TO SE REMOVED' V✓ . NEW AALK, RAMP, AND FLOAT APPROXIMATE HIGH WATER MARK OF IR65 A5 INDICATED ON 'MAP OF SECTION ONE, PARADI6E POINT AT BAYVIEW" _.T _._.—.—.—._ — N 7 / W N S C O. C im 01m Q O N Z V OQLL 0 CL_ E7 ofd INU N O � Y -0 Ira N B,4S/N IRO AD Lot 5 Subdivision - "Map of Section One, Paradise Point At Bayview" Suffolk county File No. 3761 now or formerly Victor J. Zupa E Mary S. Zupa L. 1190-7 cp. 984 Lot 8 Subdivision - "Map of Section One, Paradise Point At Bayview” Suffolk county File No. 3"761 now or formerly Henry O. Elfers L. 5429 cp. 529 °36'2T'W 91.82' 3-7.21' �� N88°11'31"W 3�U- \ Lot 10 N89°ITOT1IN dpi R Subdivision - "Map of Section One, 0 Lot 4 Paradise Point At Bayview" T Subdivision - "Map of Section One, Suffolk county File No. 3"161 �: m Paradise Point At Bayvlew" '1 Suffolk county File No. 3-761 now or formerly Patrick J Mortimer b Donna Mortimer now or formerly Henry C. Elfers L. 11886 cp. 545 L. 5429 co. 529 APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD DATE 30 Or E DEC 2 8 2005 Young & Young 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Howard W. Young, Land Surveyor Thomas C. Wolpert, Professional Engineer Robert C. Tast, Architect Ronald E. Pfuhl, Landscape Architect Douglas E. Adams, Professional Engineer NOTE • PROPOSED DOCK LAYOUT AS SHOWN ON MAP BY INTER -SCIENCE DATED OCTOBER 11, 2005 • SUBDIVISION - "MAP OF SECTION ONE, PARADISE POINT AT BAYVIEW" FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON APR. 11, 1963 AS FILE NO. 5761. • THE LINE OF THE LANDS UNDERWATER 5HOWN HEREON ARE NOT CERTIFIED, AS WE QUESTION THE LAN6UA5E OF SOME OF THE RECORD DESCRIPTIONS. ENGINEER'S CERTIFICATION F� HOWARD W. YOUN6, NY 5. L.S. NO. 458951 THOMAS r. WOLPERT, N.Y.S P.E NO. 61465 DOUGLAS E. ADAMS, N.Y.S. P.E. NO. 80691 SURVEY FOR PARADISE POINT ASSOCIATION, INC. At Bayview, Town of Southold Suffolk County, New York 0 C SKEIN k�1qt5 pt 1000 81 OI 16.10 County Tax Map o1�nm 1000 s°&w 81 Black OI Loo P/O 16.1 a PROPOSED DOCKS DEG. 22, 2005 DEC,'14, 2005 MAP PREPARED NOV. 28, 2005 SCALE: ”=30' BP ,k JOB NO. 2004-0689 DWG. 2004_0051_bp fi`„b3 'his �ebk F S1 N ' °n+� 0 i � mp i / w I / �� / IT) ;nv �' % / 2 i / 1 1 \ fl� � J1 n- ' \ >; y4% i .10 i' ry /' ym Lot II 5ubdivislon - "Map of Section One, Paradise Point At Bayvlew" Suffolk county Pile No. 3'161 now or formerly Edward John Boyd, V L. 1184-7 cp. 630 O - NGNUNENT 4T MONUMENT FWNp0 -STAKE SET A - Si.VfE FOUND Q - FEE FOUND / 1160 WATER MARK A5 DESCRIBED / 1N D® L 12115 CF. 523 / ANEW KALK, RAMP, AND FLOAT Area = 2.4542 Acres WALK, RAMP, AND FLOAT EXISTIN6 W K, RAMP, AND `I PLOATIN6 DOCK TO BE REMOVED m O z / / `E%ISTIN6 WALK, RAMP, AND 4 FIAATIN6 DOCK TO BE REMOVED d i / I / / HIGH WATER MARK ALONG O5AD LOCATEDD ONN NCV.V. 2, 2, 3M4 \ , EXI5TIN5 WALK, RAMP, AND FLOATING DOCK TO SE REMOVED' V✓ . NEW AALK, RAMP, AND FLOAT APPROXIMATE HIGH WATER MARK OF IR65 A5 INDICATED ON 'MAP OF SECTION ONE, PARADI6E POINT AT BAYVIEW" _.T _._.—.—.—._ — N 7 / W N S C O. C im 01m Q O N Z V OQLL 0 CL_ E7 ofd INU N O � Y -0 Ira N B,4S/N IRO AD Lot 5 Subdivision - "Map of Section One, Paradise Point At Bayview" Suffolk county File No. 3761 now or formerly Victor J. Zupa E Mary S. Zupa L. 1190-7 cp. 984 Lot 8 Subdivision - "Map of Section One, Paradise Point At Bayview” Suffolk county File No. 3"761 now or formerly Henry O. Elfers L. 5429 cp. 529 °36'2T'W 91.82' 3-7.21' �� N88°11'31"W 3�U- \ Lot 10 N89°ITOT1IN dpi R Subdivision - "Map of Section One, 0 Lot 4 Paradise Point At Bayview" T Subdivision - "Map of Section One, Suffolk county File No. 3"161 �: m Paradise Point At Bayvlew" '1 Suffolk county File No. 3-761 now or formerly Patrick J Mortimer b Donna Mortimer now or formerly Henry C. Elfers L. 11886 cp. 545 L. 5429 co. 529 APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD DATE 30 Or E DEC 2 8 2005 Young & Young 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Howard W. Young, Land Surveyor Thomas C. Wolpert, Professional Engineer Robert C. Tast, Architect Ronald E. Pfuhl, Landscape Architect Douglas E. Adams, Professional Engineer NOTE • PROPOSED DOCK LAYOUT AS SHOWN ON MAP BY INTER -SCIENCE DATED OCTOBER 11, 2005 • SUBDIVISION - "MAP OF SECTION ONE, PARADISE POINT AT BAYVIEW" FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON APR. 11, 1963 AS FILE NO. 5761. • THE LINE OF THE LANDS UNDERWATER 5HOWN HEREON ARE NOT CERTIFIED, AS WE QUESTION THE LAN6UA5E OF SOME OF THE RECORD DESCRIPTIONS. ENGINEER'S CERTIFICATION F� HOWARD W. YOUN6, NY 5. L.S. NO. 458951 THOMAS r. WOLPERT, N.Y.S P.E NO. 61465 DOUGLAS E. ADAMS, N.Y.S. P.E. NO. 80691 SURVEY FOR PARADISE POINT ASSOCIATION, INC. At Bayview, Town of Southold Suffolk County, New York 0 C SKEIN k�1qt5 pt 1000 81 OI 16.10 County Tax Map o1�nm 1000 s°&w 81 Black OI Loo P/O 16.1 a PROPOSED DOCKS DEG. 22, 2005 DEC,'14, 2005 MAP PREPARED NOV. 28, 2005 SCALE: ”=30' BP ,k JOB NO. 2004-0689 DWG. 2004_0051_bp fi`„b3 'his �ebk F S1 S 89'23'08" E 21 63' z '^ O N p Ft o ' u, w Do Co J m Nl o o RDSA� A, fl°casA a - LBFncHCRass. w'i�js1 dl. m.1 BA+BERRI mi' ' yid i �'YIL � � yly y141 Y {bbb d4 JJa w, E yy R'L` NUL WI. WI. f y i� b• J r p .ANTIS NIX DUL EROSION AND RECIAMATION PLANTING PLAN BY PLANTINGS BY THE SEA, INC AS REQUIRED BY N.Y.S.D.E C AND BOARD OF TRUSTEES TOWN OF SOUTHOLD sal Ah.— BEACH GRASS ®® — BAYBERRY L: \1 - ROSA ROGOSA - ROSA WICHURAIANA O - ELAEAGNUS AUTUMN OLIVE - LOW BUSH BLUEBERRY - CEDAR --- - GROUNDSEL SHRUB SURVEY OF PROPERTY e SITUATED AT IF BAYVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK UL 17 2001 �D S.C. TAX N 1-01-16.7 D _ ---._ iF®ROOM .C+."h GARAiE SCALE 1"=40' 3 JANUARY Southold Town ustE BnarJ of Trustees JANUARY 29, 2002 REVISED LOT AREA NOTATION ED OT AREA FEBRUARY2002 REVISED DRIVEWAY LABELS MAY 15, 2002 LOCATED WETLANDS h ADDED TOPOGRAPHICAL SJRVF° JUNE 1, 2002 ADDED SITE PLAN AUGUST 5, 2002 REVISED WETLANDS LINE, SITE PIAN k ADDED TEST MOLE No 2 AUGUST 25, 2002 ADDED PROPOSED SEPTIC SYSTEM JANUARY 23, 2003 ADDED DRYWELLS k HAY BALES _TI uhf• JRTI•ELi- FORgCCF' RWWLMMNN000 F NOVEMBER 12, 2003 REVISED PROPOSED HOUSE AI JUNE 2007 PEVISED TO SHOW PROPOSED LOT LINE CHANGE AT BASIN ROAD k UPDATED SURVEY FOR LOCATIONS OF NEW STRUCTURES LOT AREA INCLUDING THE 85LKHEAD AREA AT THE NORTHWEST PORTION OF - 75 687 36 sq. H. THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES) 1.'/38 GO LOT AREABULKHEADORTHWEST PORTION HSOUTHOLD T(TO HE NBULK 6q. OT PROJECTING BAY BULKHEADS & TIE INES) ft. 1.970�oc. CERTIFIED TO CHICAGO TITLE INSURANCE COMPANY MARY S. ZUPA 1501 7HOLD E? -j (T°W,1HABGRI E G f 1Tq)' N B8•45'16" E 197,36' wPI �r ue x e H au x[u� 1 E Nu � n � DROP '_- 1[ ._NULKHEkD �_�— Nua.�=A,:.'. B.Br RP. 6 ,III, WI. f•�^` — RoSA �•,�c'_- ; m. W' ,lu. 1, Nw'1 PGc°sa N wu. HE j'-- ,w.Low X f a smrrmN LF sTAem FE`NAT e -- - - -,- - - — - T RfTEr+rox IN 'H6 ALo1y �I na NO,BA,BERR- POSA WICHURAIAND ��r wU4 mDo iz 7 =N J, 1 m r2 - w ER NE a N'? £" 4p N� iON ♦`m a 6 J a O! m w p0 MEnm v°IIPmee �. else i, v M;mm� Arrc P,,,.. NOTE ELEVATIONS ARE REFERENCED TO N.G.V.O. 1939 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: EXISTING CONTOUR LINES ARE SHOWN THUS: 2. FLOOD ZONE INFORMATION TAKEN FROM FLOOD INSURANCE RATE MAP NO. 3610300167 G ZONE AE BASE FLOOD ELEVATIONS DETERMINED ZONE K'. AREAS OF 300 -YEAS FLOOD, AREAS OF 100 -YEAR FLOOD WITH AVERAGE DEPTH OF LESSTHAN 1 FOOT OR WTH DRAINAGE AREAS LESS THAN I SQUARE MILE; AND MTAs PROTECTED BY LEVEES FROM 1DO-YEAR FLWO ZONE K. AREAS DETERMINED TO BE OUTSIDE 300 -YEAR FLOODPWN 3 MINIMUM SEPTIC TANK CAPACITIES FOR A I TO A BEDROOM HOUSE IS 1.000 GALLONS. I TANK; IF LONG, K'-3" WIDE, V-7" DEEP 4. MINIMUM LEACHING SYSTEM FOR A I TO 4 BEDROOM HOUSE IS 300 Rq ft SIDEWALL AREA 3 POOLS: S' DEEP, B' A19. p,Ry PROPOSED EXPANSION POOL PROPOSED LEACHING POOL ®PROPOSED SEPTIC TANK 5 PRDP\OSm" 6TAAV� wnr � r �LP4L u.2. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD TEST HOLES DATA OBSERVATIONS AN0/OR DATA OBTAINED FROM OTHERS. 6 THE STAKED MAY 9SALES k SILT RETENTION FENCE (TEST HOLE DUG 9Y McOGNA 0 OFOSOJENCU SHALL BE PLACED BEFORE THE START OF ANY CONSTRUCTION. TEST H� TEST HOLE Nq_g (TEST HOLE DUG ON MAY I, 2002) (TES HOLE DDC ON JULY 22. 2002) = ro �.. a N 68. W DETAIL OF OUTLINE OF PROPOSED CONVEYANCE TO PARADISE POINT ASSOCIATION AREA - 5.869 sq, h P Te' PROPOSED CONVEYANCE TO PARADISE POINT ASSOCIATION DONE BY LOT LINE CHANGE TO BASIN ROAD AREA = 5,869 sq ff. I (SEE DETAIL) r,sft 4IwG 1�`INT L'1, 3 ' w.. ASIA. „ ",.ROAD„ A63.1>• �N, G HE \ z1 1� �0¢ "MwA� n rw 3 y66 �7 ¢p 4pP .. S7 +4��7 gr C PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE LIA APPROVED AND AOOPIEO FOR SU BYE YORK 4ATE LAND TITL II wY pJFTc 1AW N.Y.S. LC. No 50467 UNAUTHORIZED ALTERATION OR ADD71ON TO THIS SURVEY 15 A VIOLATION °` Nathan Taft Corwin III SECT InrlDry uw ON 7209 EDUcOF ME NEW YORK STATE TH PIES °F THISURV SURVEY MAP NOT BOR'"G Land Surveyor THE LAND SEAT SHALL INKED SEAL OR SI EMBOSSED SEAL SHALL NOi BE CONSIDERED TO BEA J,WD *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 - Subdivierons - Sda Plan - Construction Layout 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 TU71ON CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHTS OF WAY OFFICES LOCATED AT MAILING ADDRESS ANO/OR EASEMENTS OF RECORD, IF 322 ROANOKE AVENUE P.O. B.. 1931 ANY, NOT SHOWN ARE NOT GUARANTEED. RIVERHEAD, New York 11901 RlverheoG, New York 11901-0965 e IF jL D _ ---._ iF®ROOM .C+."h GARAiE _ 3 F'_�_- 1'-� _ _ 3 L, C p e OU u p 2 _ $ 3 y • N n -mt _TI uhf• JRTI•ELi- FORgCCF' RWWLMMNN000 F y, AI PRbKoo,,,C 74. 746 4 76 v 130 1 1 1 m BA ,L . BA { • Tj� THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD TEST HOLES DATA OBSERVATIONS AN0/OR DATA OBTAINED FROM OTHERS. 6 THE STAKED MAY 9SALES k SILT RETENTION FENCE (TEST HOLE DUG 9Y McOGNA 0 OFOSOJENCU SHALL BE PLACED BEFORE THE START OF ANY CONSTRUCTION. TEST H� TEST HOLE Nq_g (TEST HOLE DUG ON MAY I, 2002) (TES HOLE DDC ON JULY 22. 2002) = ro �.. a N 68. W DETAIL OF OUTLINE OF PROPOSED CONVEYANCE TO PARADISE POINT ASSOCIATION AREA - 5.869 sq, h P Te' PROPOSED CONVEYANCE TO PARADISE POINT ASSOCIATION DONE BY LOT LINE CHANGE TO BASIN ROAD AREA = 5,869 sq ff. I (SEE DETAIL) r,sft 4IwG 1�`INT L'1, 3 ' w.. ASIA. „ ",.ROAD„ A63.1>• �N, G HE \ z1 1� �0¢ "MwA� n rw 3 y66 �7 ¢p 4pP .. S7 +4��7 gr C PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE LIA APPROVED AND AOOPIEO FOR SU BYE YORK 4ATE LAND TITL II wY pJFTc 1AW N.Y.S. LC. No 50467 UNAUTHORIZED ALTERATION OR ADD71ON TO THIS SURVEY 15 A VIOLATION °` Nathan Taft Corwin III SECT InrlDry uw ON 7209 EDUcOF ME NEW YORK STATE TH PIES °F THISURV SURVEY MAP NOT BOR'"G Land Surveyor THE LAND SEAT SHALL INKED SEAL OR SI EMBOSSED SEAL SHALL NOi BE CONSIDERED TO BEA J,WD *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 - Subdivierons - Sda Plan - Construction Layout 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 TU71ON CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHTS OF WAY OFFICES LOCATED AT MAILING ADDRESS ANO/OR EASEMENTS OF RECORD, IF 322 ROANOKE AVENUE P.O. B.. 1931 ANY, NOT SHOWN ARE NOT GUARANTEED. RIVERHEAD, New York 11901 RlverheoG, New York 11901-0965 e IF THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD TEST HOLES DATA OBSERVATIONS AN0/OR DATA OBTAINED FROM OTHERS. 6 THE STAKED MAY 9SALES k SILT RETENTION FENCE (TEST HOLE DUG 9Y McOGNA 0 OFOSOJENCU SHALL BE PLACED BEFORE THE START OF ANY CONSTRUCTION. TEST H� TEST HOLE Nq_g (TEST HOLE DUG ON MAY I, 2002) (TES HOLE DDC ON JULY 22. 2002) = ro �.. a N 68. W DETAIL OF OUTLINE OF PROPOSED CONVEYANCE TO PARADISE POINT ASSOCIATION AREA - 5.869 sq, h P Te' PROPOSED CONVEYANCE TO PARADISE POINT ASSOCIATION DONE BY LOT LINE CHANGE TO BASIN ROAD AREA = 5,869 sq ff. I (SEE DETAIL) r,sft 4IwG 1�`INT L'1, 3 ' w.. ASIA. „ ",.ROAD„ A63.1>• �N, G HE \ z1 1� �0¢ "MwA� n rw 3 y66 �7 ¢p 4pP .. S7 +4��7 gr C PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE LIA APPROVED AND AOOPIEO FOR SU BYE YORK 4ATE LAND TITL II wY pJFTc 1AW N.Y.S. LC. No 50467 UNAUTHORIZED ALTERATION OR ADD71ON TO THIS SURVEY 15 A VIOLATION °` Nathan Taft Corwin III SECT InrlDry uw ON 7209 EDUcOF ME NEW YORK STATE TH PIES °F THISURV SURVEY MAP NOT BOR'"G Land Surveyor THE LAND SEAT SHALL INKED SEAL OR SI EMBOSSED SEAL SHALL NOi BE CONSIDERED TO BEA J,WD *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 - Subdivierons - Sda Plan - Construction Layout 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 TU71ON CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHTS OF WAY OFFICES LOCATED AT MAILING ADDRESS ANO/OR EASEMENTS OF RECORD, IF 322 ROANOKE AVENUE P.O. B.. 1931 ANY, NOT SHOWN ARE NOT GUARANTEED. RIVERHEAD, New York 11901 RlverheoG, New York 11901-0965 IF 5 g9 A - �N • N n -mt J W 130 1 1 1 m BA ,L . BA PVy h F �y THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD TEST HOLES DATA OBSERVATIONS AN0/OR DATA OBTAINED FROM OTHERS. 6 THE STAKED MAY 9SALES k SILT RETENTION FENCE (TEST HOLE DUG 9Y McOGNA 0 OFOSOJENCU SHALL BE PLACED BEFORE THE START OF ANY CONSTRUCTION. TEST H� TEST HOLE Nq_g (TEST HOLE DUG ON MAY I, 2002) (TES HOLE DDC ON JULY 22. 2002) = ro �.. a N 68. W DETAIL OF OUTLINE OF PROPOSED CONVEYANCE TO PARADISE POINT ASSOCIATION AREA - 5.869 sq, h P Te' PROPOSED CONVEYANCE TO PARADISE POINT ASSOCIATION DONE BY LOT LINE CHANGE TO BASIN ROAD AREA = 5,869 sq ff. I (SEE DETAIL) r,sft 4IwG 1�`INT L'1, 3 ' w.. ASIA. „ ",.ROAD„ A63.1>• �N, G HE \ z1 1� �0¢ "MwA� n rw 3 y66 �7 ¢p 4pP .. S7 +4��7 gr C PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE LIA APPROVED AND AOOPIEO FOR SU BYE YORK 4ATE LAND TITL II wY pJFTc 1AW N.Y.S. LC. No 50467 UNAUTHORIZED ALTERATION OR ADD71ON TO THIS SURVEY 15 A VIOLATION °` Nathan Taft Corwin III SECT InrlDry uw ON 7209 EDUcOF ME NEW YORK STATE TH PIES °F THISURV SURVEY MAP NOT BOR'"G Land Surveyor THE LAND SEAT SHALL INKED SEAL OR SI EMBOSSED SEAL SHALL NOi BE CONSIDERED TO BEA J,WD *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 - Subdivierons - Sda Plan - Construction Layout 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 TU71ON CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHTS OF WAY OFFICES LOCATED AT MAILING ADDRESS ANO/OR EASEMENTS OF RECORD, IF 322 ROANOKE AVENUE P.O. B.. 1931 ANY, NOT SHOWN ARE NOT GUARANTEED. RIVERHEAD, New York 11901 RlverheoG, New York 11901-0965