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HomeMy WebLinkAboutSchultheis, GerardMarch 2, 2011 Gerard H & Carolyn M Schultheis PO Box 299, 1640 First Street New Suffolk, NY 11956 631-734-7265 Schu127(~oDtonline.net Southold Town Board Southotd Town Hall 53095 Main Road, PO Box 1179 Southold, NY 11971 Southold Tov,,'n Board: I recently filed a FOIL request for information from the Tow~ Tmslees. I have altached the denial I rensived from Jill Doherty on February 15, 2011 for ilern #3 because of pending litigation. I am a party in that litigation and request Ihe in~ as part of the discovery process. The information requested in the FOIL request refers to information pertaining to 2 secret meetings (regarding me) held by the Trustees on December 6 & 21, 1993. The meetings were public meetings of which I was never informed of the meeting or the outcome (see item 2 of Jill Doher[y's response indicating no notifications were ever sent). At the meetings my Trustee permit # 439 was rescinded then suspended until land ownership is adjudicated. It is impossible to adjudicate if I have never been made aware of the issues. In 2003 I was sewed a criminal summons by the Bay Constable for not having a permit for my dock and bulkhead. The summons was dismissed on October 20, 2003. The issue over the land ownership has been a contentious situation with Larry Tuthill since the previous owners of the house purchased it in 1977. Mr. Tuthill claimed ownership of the area lhe dock is located in but could never produce a deed to prove it Mr. Tuthill was notified by the Town of Southold multiple times that if he claims to own the land that a rifle search will be necessary to assure ownership of the property. I have attached correspondence fi'om the town to Mr. Tuthill dated 8/15/89, 6/4/90, 7/3/90, 7/5/90 & 5/28/91 which informed him of what the Town requested. The evidence exisis that Lam/Tuthill came before the Trustees on December 6, 1993 to request the rescinding of my permit. The evidence is a copy of a hand written letter which I found in my file in 2003 which had not been in my file before and suddenly appeared. I never received the letter. I have attached a copy of the letter. There was never a notice of the actions taken by the Trustees in my file until after I looked at in 2003. Over time I have reviewed my file many times and material continually appears and disappears, Since2004 when I have requested to look at my file I have been told it's not The minutes of the 1993 public meetings do not address why the Trustees took the action or what application precipitated the action. I have requested the details of the proceedings only to be told nothing exists. I DESERVE TO KNOW WHAT PRECIPII'BD THE ACTIONS OF THE TRUSTEES. In regards to the ownership of School House Creek based on my research I have concluded that the Trustees are the rightful owners of the creek. The creek is cleady shown in copies of maps I have collected f~om an 1873 Beers Comstock Atlas of Long Island, a postmarked postcard from 1907, and a 1929 Sanborn Map copies of which I have included. I am also in possession of a survey dated January 4, 1933 of the property of Ham/H..Tuthill which clearly shows the outline of a natural creek.. MAR 2 2 11 Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York I1971-0959 Telephone (631) 765-1892 Fax (631) 765~6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 15, 2011 Mr. Gerard H. Schultheis P.O. Box 299 New Suffolk, NY 11956 Dear Mr. Schultheis: The following is our response to the above-referenced FOIL Request, in the order of the request: 1. Copy of Wetlands Permit #439 issued in 1987 by Trustees. ATTACHED In reference to bracketed items on 2 attached copies of Trustee minutes dated 12/6/93 and 1 2/21/93 copies of notification of scheduled discussion of the items and determinations made by Trustees to involved parties. NO COPIES OF NOTIFICATION EXISTS Proof of land ownership submitted by Larry Tuth#1 to the Trustees as referenced in correspondence sent to Mr. Tuthill by Frank Kujawski on 8/15/89 and John Bredemeyer on 6/4/1990 and 5/28/1991 in which the acceptable proof of ownership by the Town was indicated to be a title search. PENDING LITIGATION 4. Town Code pertaining to notifying property owners of actions taken by Trustees. CHAPTER 55 NOTICE OF PUBLIC HEARINGS - ATTACHED JMD:lms Enc. Very truly yours, ' ~1~. Jill k~oherty, ~re~ Boa~ of Trustees FRANK A. KUJAWSKI, JR., l~esideut ALBERT J. {{RUPSKI, JR., Vice-l~esident JOHN M. BREDEMEYER, JOHN L BEDNOSKI, JR. HENRY P. SMITH TELEPHONF (516} 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, $3095 Main Road P.O. Box ?28 Southold, New York 11971 August 15, 1989 Lawrence Tuthill 1215 Inlet Lane Oreenport, N.Y. 11944 Re: Deed to property on Schoolhouse Creek, Cutchogue, N.Y. Dear Mr. Tuthill: The Town Attorney has reviewed the deed submitted by you and has determined that a title search will be necessary to assure ownership of property. Mr. Schondebare also informed us that canals which were created naturally are owned by the Trustees. If they were originally created by dredging, only then could they be considered privately owned. very truly yours, President Board of Trustees FAK:jas TRUST~-~:-~ John M. Bu~demeyer, Ill. President Hemy P. Smilh, Vice P~sident A[beri J. Knlpski, Jr. John L. Bednoski, .Ir. John B. Tuthil{ Telephone (516) '765-1892 SCOTT L. H.A~US Supervisor Town Hall, 53095 Main Ro~ P.O. Box 1179 Southold, New York 119'/I Fax (516) 765-1823 Telephone (516) '765-1800 June 4, 1990 Mr. LarryTuthill Box 162 Greenport, NY 11944 Dear Mr. Tuthill: I recently had the opportunity to discuss your concerns about the Schultheis float with. the Assistant Town Attorney, Matt Kiernan. It is his opinion that the dispute you are having with Mr. Schultheis is largely a personal matter between you and Mr. Schultheis, and does not concern the Town at this time. After reviewing the file and visiting the site again on Jtme 1st, I wholly concur with the Town Attorney. A letter to you from former Trustee President, Frank A. Kujawski, Jr. on August ~5, 1989, clearly states that a title search is necessary to prove ownership of the bottom. Only then might this matter be considered anew by the Trustees. A title search might also be invaluable to your pending bulkhead request for Schoolhouse ~reek, which is now before the Board.. If I may be of any further assistance in this matter, please do not hesitate to call. Sincerely, President, Board of Trustees J~B: jb cc: Town Attorney Trustees Schultheis File File TRUs'r~F-S Iohn M. Bredemcyer, lift, P~esident Henry P. Smith, Vice President Albert J. Krupski, .Ir. .lohn L. Be;dnoski, Ir. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCO~CF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 3, 1990 LARRY T~THILL A~PLICATION ~ 1-14-90-117-5-46 Summary of activities' at the 6/21/90 meeting: The Southold Town Trustees, by unanimous affirm~%~¥e voter- have segmented this project for orderly S.E.Q.R.A. review as the NYSDEC has already completed a Hearing for Tidal Wetlands permitting on that portion which is the 80' on Schoolhouse Creek. The three segments which were created and processed at the June 21, 1990 meeting follow: 1. Construction of 80' of bulkhead on Schoolhouse Creek: Board issued a Neg Dec with the express concern that Mr. Larry Tuthill make Spartina alterniflora and patens plants available to other projects he may have in Southold. 2. Placement of float along Schultheis bulkhead: Board tabled this portion as per communication to Mr. Larry Tuthill in letter of 6/4/90. 3. Construction of 75' retaining wall along road fronting Cutchogue Harbor: Board tabled this portion pending S.E.Q.R.A. coordination with NYSDEC and CAC cosmuents. John B. Tutbill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUS'~ES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53O95 Main Road P.O. Box 1179 Southold, New York 11971 May 28, 1991/ Corrected copy of May ~, 1991 letter. Larry Tuthill 1215 Inlet Lane Greenport, NY 11944 RE: SCTM #1000-117-5-46 Dear Mr. Tuthill: In reference to your recent verbal request, I have had the opportunity to review the materials you submitted in the Schultheis matter. 1. You have failed to provide this office with a title search as requested in my letter of June 4, 1990 and former Board President, Frank Kujawski's letter of August 15, 1989. To ascertain Trustee ownership/interest, if any, in the lands beneath Schoolhouse Creek and it's tributaries, the Board will need to see a title search which goes back to October 28, 1676. 2. Any Conveyance of property or abandonment of roads by the Town Board is likely a separate and unrelated matter and would only be valid for areas always existing as terra firma. 3. The copy of the U.S. Supreme Court, decision Kaiser Aetna ET AL. V. United States you provided is interesting and I have forwarded a copy to the Town Attorney. It would seem to strengthen the idea that Trustees should not relinquish public ownership where we already may have some. In closing I might suggest you and any other property holders with underwater land interests on Schoolhouse Creek Consider negotiating a quit claim deed, or similar instrument with the Trustees which might one way or the other clear up title to underwater lands in this creek. Particularly favorable in this regard would be if you or others could transfer title 6o tidal wetlands in the area in exchange for a quit claim deed such that we can make a clear statement of the Public interests of such an action. Such a quit claim or transfer request should properly be the subject of a public hearing wherein our citizens may have a voice in our decision. jVo~ Mtruly yours, President, Board of Trustees JMB: jmt cc: Town Attorney CAC Trustees Schultheis I ~ f >~t.l o/ Beers, Comstock, Atlas of Lon~ Island 1873 ~E'WSUFFO LK TQ,':V*# Qir $OUTHOLD~$Uf£OI~IC CO., /?0'7 50UTt~C~g IN Vt~NTOP, h'