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HomeMy WebLinkAboutTR-7898Dr. Jonathan Perry 750 Aborn Lane Cutchogue, NY 11935 NOV - 5 2012 Mr. James King President Town of Southold Trustees 53095 Route 25 P.O. Box 1179 Southold, NY 11971 October 30, 2012 RE: Wetland Application N. Flotteron SCTM# 11g-2-13 Dear Mr. King, I would like to thank you and all of the Trustees for your consideration in the above matter. Although your decision was not in my favor, it is the decision that I anticipated. I hope this is the last letter that I write to the Trustees for a long time. Sincerely, Dr. Jonat~'~ - P~er James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1 st day of construction ~ constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMlT NO. 7898 DATE: AUGUST 22~ 2012 ISSUED TO: NORA FLOTTERON PROPERTY ADDRESS: 1480 BAYBERRY ROAD~ CUTCHOGUE SCTM# 118-2-13 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on August 22, 2012, and in consideration of application fee in the sum of $250.00 paid by Nora Flotteron and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to remove 100'* of existing bulkhead and 360*sq.ft. of existing wood decking; construct 108'* of new bulkhead and 360±sq. ft. of new wooden decking in-place; and repair frame shed (boathouse) foundation as needed; with the condition that a 10' wide non-turf buffer is established and subsequently maintained along the landward edge of the bulkhead; and as depicted on the site plan prepared by Costello Marine Contracting Corp., last dated October 3, 2012, and stamped approved on October 5, 2012. 1N WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. ~ob Ghosio, Jr. TERMS AND CONDITIONS The Permittee Nora Flotteron, residing at 1480 Bayberry Road, Cutchogue, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concemed that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Pemfittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 August 22, 2012 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Jane P. Costello Costetlo Marine Contracting Corp. P.O. Box 2124 Greenport, NY 11944 RE: NORA FLOTTERON 1480 BAYBERRY ROAD, CUTCHOGUE SCTM# 118-2-13 Dear Ms. Costello: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, August 22, 2012 regarding the above matter: WHEREAS, Costeilo Marine Contracting Corp. on behalf of NORA FLOTTERON applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated May 30, 2012, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, Public Hearings were held by the Town Trustees with res~)ect to said application on July 18, 2012 and on August 22, 2012, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 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 have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of NORA FLOTTERON to remove 100'+ of existing bulkhead and 360+sq.ft. of existing wood decking; construct 108'+ of new bulkhead and 360+sq.ft. of new wooden decking in-place; and repair frame shed (boathouse) foundation as needed; with the condition that a 10' wide non- turf buffer is established and subsequently maintained along the landward edge of the bulkhead; and as depicted on the site plan prepared by Costello Marine Contracting Corp., last dated October 3, 2012, and stamped approved on October 5, 2012. 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: $50.00 Very truly yours, President, Board of Trustees JFK/eac SOUTHOLD.TRUSTEES I,sued To~ Date~-~ Address THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Route 25, P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Please be advised that your application dated /'Y~/ 30, c~DID, has been reviewed by this Board at the regular meeting of /2¥c fa ~,~:~,o,~. ,,lo ID., and your application has been approved pending the c°m~letion of the following items checked off below. __ Revised Plans for proposed project __ Pm-Construction Hay Bale Line Inspection Fee ($50.00) 1sc Day of Construction ($50.00) __ ½ Constructed ($50.00) Y Final Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $ ~'"-~-~ BY: James F. King, President Board of Trustees James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Ma/n Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD October 15, 2012 Nora Flotteron P.O. Box 533 Cutchogue, NY 11935 RE: 1480 BAYBERRY ROAD, CUTCHOGUE SCTM# 118-2-13 Dear Ms. Flotteron: Please be advised that the Board of Trustees received the attached letter from your neighbor, Mr. Jonathan Perry dated August 28, 2012 addressed to your agent on the recent application before the Trustees. The Board received this communication subsequent to the resolution approving your request to replace the existing bulkhead and decking on the above referenced property. Mr. Perry is apparently contesting the accuracy of the lot line depicted on your survey submitted in support of your application. You may wish to review this matter with your contractor and/or your attorney before initiating work under Wetland Permit #7898. Sincerely, F. King / President, Board of Trustees cc: Lori M. Hulse, Assistant Town Attorney Enclosures Jonathan Perry 750 Aborn Lane Cutchogue, NY 11935 Mr. James King President Town of Southold Trustees 53095 Route 25 P.O. Box 1179 Southold, NY 11971 August 27,2012 RE:Wetland Application Nora. Flotteron SCTM# 1000-118-2-13 Dear Mr. King, The enclosed letter is a copy of what was sent to Costello Marine. I don't oppose 'the reconstruction of the bulkhead, only that it not extend past the applicants property line. Sincere~(~ ~ .... Jonathan Perry 750 Aborn Lane Cutchogue, NY 11935 AUG 2 8 2012 Sauthhuld Town Board of Trustees Costello Marine Contracting Corp. P.O. Box 2124 Greenport, NY ;~1944 Re: Bulkhead Application of Nora Flotteron SCTM: 1000~118-2-13 Via Fax and Certified Mail 7007-0710-0002-1015-1563 August 27,2012 Dear Sirs, I have received and reviewed the "Notice to Adjacent Property Owner" that you sent ;.o me. According to the enclosed drawings, the proposed deck and bulkhead will extend beyond the owners property line (the Mean High Water Line) by approximately twenty feet onto my property. I advise you to resubmit your plans to the Town Trustees prior to undertaking construction of the planned bulkhead taking this into consideration. I would als) like to know the method you used in determining the Mean High/Low Water Lines depicted on your sketches. Finally, according to the submitted plans, you will access the bulkhead through the owners land. If you intend to have any structure anchored or engaging the adjacent bottomland I would ask that you notify me as the owner of this land. Thank you for your attention to this matter. Cc: Town of Southold Trustees Sincerely Yours, Jonathan Pet~/ 'nON · . . · : : 115 BLO(1v,: 2 S 43°25,40" MON FO 25'E LOT(S): 13 LOT 118 N 43°45'10" E 8. 7' s~ooP 22.3' CLEARWATER (25') . NOTE: SURVEY BAS.ED ON PREVIOUS SURVEY IFY VAN TUYL. 4t7.00' DEED LOT 117 (MAP 420) MON FO (TOTAL DISTANCE MAP 340') I NE 203,3, S 39'30'00' W 282.07' /THE WATER SUPPLY, V~LLS, ORYWELLS AND CESSPO0~ LOC. AEONS SHORN ARE FROM FIELD O~SERVATION$ ANO O~ OATA OBTAINED FROM OTHERE~ ~,REA: 37,961 MAP NOr E ONLY rD ~ USTEO HERi IHE O~$E~ NOT INTENOI ~vo/oR s~ SURLY ~: .~T 117 MAP ~: ~ ~ ~INT CLUB PROPERTIES.INC 8 (~ENOEO ~P A) nLEO: ~753 SITUATED ~T: t~U POINT TO~ ~: SOUTHOLD SUFFOLK GOUNTY. NEW YORK S.F. OR 0.87 (AREA USING TIE LINES). c~rvxnoR o,~a~u: __ ALIERATION OR ADOITION rD. Tl~s SURreY IS A VIOLAllON O~ SECI7OR 7209 OF 1HE NEW YORK STALE EDUCAllON tAW. COPIES OF. THIS SURVEY ?lNG THE LANO SURt~YOR~ EMBOESED SEAL SHALL NOT BE CONSTOEREO TO BE A VALID 71?UE COPY. GUARANi-ES INOICAIEO .HEREON SHALL RUN. PERSON FOR ~ ~HE SURVEY IS PREPARED ANO ON HIS REHALI~ TO THE TITLE COMPANY, GOVERfIMENTAL AGENCY ANO LENOtNG iNSTITUTION ~ ANO TO THE ASSIGNEES OF ~IE LENDING IN51~UIION, GUARANTEES ARE NOT TRANSFERABLE. OR DIMENSIONS 'SHOV4f HEREON FROM 1HE PROPERTY UNES TO 1HE S~7~ICIURES ARE FOR A SPECtfTC PURPOSE AND USE ~ETORE THEY TO MONUMENT ~HE PROPERTY UNES OR TO GUIOE THE EREC170N OF FENCE.~ ADDITIONAL STRUCIURES OR ANO OIHER I~PROVEMENT~ EASEMENP~J FURFACE S~UC~fURES RECOROED OR UNRECORDED ARE NOT GUARAIVT[~EO UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT ~ ~TME OF' SURreY FiLE # 10--98 SCALE: 1"=30' OATE: SEPT. 28, 2010 CERTIFIED TO: JOSEPH FLOTTERON III; NORA FLOTTERON FIDELITY NATIONAL TITLE INSURANCE CO__~.; ~KENNETH M. W0YCHUK L.S. ;-,~nd Surveying ~d Dest~ P.O. Box 3, YatUtuck, New York i1952 PHO~ (~t) ~-15~ F~ (~1) ~8-t~ James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Route 25, P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (63 I) 765-6641 TO: NORA FLOTTERON BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated May 301 2012 has been reviewed by this Board at the regular meeting of August 22, 2012 and your application has been approved pending the completion of the following items checked off below. __ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ½ Constructed ($50.00) XX Final Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. ft.) XX The Permittee is required to provide evidence that the non-turf buffer condition of the Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: Final Inspection Fee = $50.00 TOTAL FEES DUE: $ 50.00 BY: James F. King, President Board of Trustees Jonathan Perry 750 Aborn Lane Cutchogue, NY 11935 Mr. James King President Town of Southold Trustees 53095 Route 25 P.O. Box 1179 Southold, NY 11971 September 12, 2012 Via Certified Mail: 7010 0290 0000 4144 7663 RE: Wetland Application Nora Flotteron SCTM# 1000-118-2<].3 Dear Mr. King, Approximately 2 weeks ago I sent you a letter dealing with the above application. Since that time I have conducted additional research that you should be aware of. Enclosed are copies of the applicants Schedule A from the Title Insurance policy and Deed, two survey drawings prepared by Costello Marine, and an aerial photograph of the property in question. The photograph is to scale and was obtained from The NY State web site (http~//orthos~dhses~n¥,gov). From my analysis (which I believe to be correct) it appears that all of the bulkhead is past the applicants property line. The problem is that the first leg of the survey, from the "Start Point" moving 340 feet towards the lagoon is approximately 50 feet short of the lagoon. I'm not sure where we are in this process and the implication of this finding. Please advise me if you can on how to proceed with this new information. As I have stated I am not opposed to the rebuilding of the bulkhead, but need to be sure for liability reasons that it is not on my property. I respectfully request that the Trustees not issue a permit to rebuild the bulkhead in question until the applicant's property line has been properly determined. Thank you for your consideration. Cc: Ms. Lori Hulse Sincerely Yours Jonathan Perry FIDELITY NATIONAL TITLE INSURANCE COMPA~~ . _ 7~-. SCHEDULE A-I (Desc~pfion) AMENDED 10t14/10 ~ --~ - --: ,- ALL that ce~ain plot, piece or ~el of land, si~ae, lying and being at Nm~u Poin~ or LiRle Hog N~k, Suffolk Count, N.Y., and ~own and desi~ated as ~t No. 117 on map entitled, "Amonded Map A of N~sau Point, own~ by N~sau Point Club P~aies, Inc., sima~ in To~ of Sou~old, ~ng Isled, N.Y" su~eyed J~¢ 28, 1922 by O~ W. V~ Tuyl, C.E. & Su~eyor, Gr~n~a, N.Y. and filed in ~e Office of ~e CounW Clerk of Suffolk Count, N.Y., Au~ 16, 1922, File No. 156, which said lot is more ~icul~ly bounded ~d described as follows: BEGINNING at a point at the intersection of the westerly side of Bayberry Road with the northerly side of Clearwater lane; RUNNING THENCE southwesterly along the northerly side of Clearwater Lane the following 2 courses and distances. 1. South 39 degrees 30 minutes 00 seconds West, 57.09 feet; 2. South 43 degrees 25 minutes 40 seconds West, 282.07 feet to The Lagoon; RUNNING THENCE northerly along The Lagoon along a tie line North 63 degrees 10 minutes 00 seconds West, 106.56 feet; RUNNING THENCE North 43 degrees 45 minutes 10 seconds East, 417.00 feet to the westerly side of Bayberry Road; RUNNING THENCE southerly along the westerly side of Bayberry Road South 20 degrees I I minutes 30 seconds East, 106.98 feet to the northerly side of Clearwater Lane the point or place of BEGINNING. THE POLICY TO BE ISSUED under this commitment will inaure the title to such buildings and improvements on the premises which by law constitute rem property. FOR CONVEYANCING ONLY: Together with all the right, title and interest of the party of the first part, of in and to the land lying in the street in front of and adjoining satd premises. SCHEDULE A-I (Description) SEP 17 2012 http:/ /orthos.dhse$.ny.gov / # Jonathan Perry 750 Aborn Lane Cutchogue, NY 11935 Mr. James King President Town of $outhold Trustees 53095 Route 25 P.O. Box 1179 Southold, NY 11971 August 27, 2012 RE: Wetland Application Nora. Flotteron SCTM# 1000-118-2-13 Dear Mr. King, The enclosed letter is a copy of what was sent to Costello Marine. I don't oppose the reconstruction of the bulkhead, only that it not extend past the applicants property line. Sincerely, Jonathan Jonathan Per~ 750 Aborn Lane Cutchogue, NY 11935 Board of Trustees Costello Marine Contracting Corp. P.O. Box 2124 Greenport, NY 11944 Re: Bulkhead Application of Nora FIotteron SCTM: 1000-118-2-13 Via Fax and Certified Mail 7007-0710-0002-1015-1563 August 27, 2012 Dear Sirs, I have received and reviewed the "Notice to Adjacent Property Owner" that you sent ,o me. According to the enclosed drawings, the proposed deck and bulkhead will extend beyond the owners property line (the Mean High Water Line) by approximately twenty feet onto my property. I advise you to resubmit your p~ans to the Town Trustees prior to undertaking construction of the planned bulkhead taking this into consideration. I would als ~ like to know the method you used in determining the Mean High/Low Water Lines depicted on your sketches. Finally, according to the submitted plans, you will access the bulkhead through the owners land. if you intend to have any structure anchored or engaging the adjacent bott~mland I wou~d ask that you notify me as the owner of this land. Thank you for your attention to this matter. Cc: Town of $outhold Trustees Sincerely Yours, Jonathan Pe r'l~/ III ItO 108 _9.5' 117 I00 104~ I01 nineteeO hundred and forty-seven ~£t~££ll CHARLES HA~/ER, residing at 11 Brixton Road~ Garden City~ Nassad County, New York~ and BEATRICE L. GLENN New York residing at Nassau Point~ Suffolk CoUnty, , part : One Dollars, lawfulmoney o! the ~nttec~ States, ahd other valuable consideration / paid b7 the pax y o! thc second part, doc~ hereby remdse, release an~ quitclaim unto the Part of the second part her heirs / an~ assigns (Ore,et, i~[[ my right, title and interest to that part of Nassau Poi~ ( formerly Little Hog Neck) situate~ lying and ~eing in the Town of Southold~ County of Suffolk, State of New York, bounded and describe~ follows: PARCkL 1 East Parcel- Beginning at a point on the high wa%e~ line 112 ~s shown on a certain map entitled, "Amended Map A of Nassau Poiht owne~ by Nassau Point Club Properties Inc." dated June 28~ 1922~ an~ filed in Suffolk County Clerk's Office, August 16~ 1922 in file #1~6 at the southeasterly corner of Plot C as shown on said map, and running along said high water mark along lots 121,120, 119, 118 and 117 aiong Clearwater Lane and along lots 10~, 106, 10~ 10~, 103~ 102 and 101 easterly, then southerly, then ~outhwesterly! then southerly, the~ easterly, then southerly, then ~outheaS~n sou[h~esteri~ t~ lot No. 99; thence through saloon e{~i~urses aa followat north 2~~' 30' W 90feet; thence (2) north ?1O 10' west 1FO fee%~ thence (3) north 8?° 10' west 170 feetl thence (4) north 68° 40* wea~ 170 thence (~) north 38 30' west 230 feet; thence (6) north 11° O01 175 feet; 36 30' thence (7) north 26( 30' east 260 feet; east 7~ feet to the point of beginning. thence (8) north ~arcel 2 - oouth Parcel- Beginning at e point nn the lagoon at the southeasterly co,mcr of Lot No. the ht~ water mark of 100 as 'sho~m on said map and running along said high water mark and along lot Nb. 100 northwesterly and then westerly to a point which is due sohth lO~ feet from the high water mark at the division line between lot ~os. lO~ and 106; thence through the lagoon three courses as follbws: (1) due north 50 feet; thence (2) south ?1° 10' east 150 feet;; thence degrees (3) south twenty-five / 30 west 85 feet to the point of b~glnning.~ the appurtenances and all the estate and ri£hts o£ the part y o[ the first part her heirs a ~ nd a~ign~ for~ver. itness OereoL t ep ,, hand a~d ~eal the d~y and year ~rst above writt of t~e ~r~ part his ~t~ of NEW · -.oun~ o! KINGS t ss.: On t~e ~ ~ d~ be,fore me came CHARLES November nineteen hundred and forty-sever to ,me k. no~,,o and ]tnown to me to be the individual described in, and who executed, the I~ in. wrument, and acknowledged to me tJ~at l~e executed tl~e same. ~eEoinj ~'/~ ~ .. . ~- T r ..... p~x ~ERTI~Y, T~t uted [ ' ' ~.tt of New York, du y co~hslon~ a~c~.2:~ ?OBLIp in a~ for attorney ~d other writte~....~r hnd~n~'t or pr~l ~1 d~s, mon~g~, ~w~l o[ e~denm or r~orded ~kq%'"'~ , tenement~ ~a her '. .......... Julia M, Matlaw by Kent Murphy in thc City o( -,~v-~ ~ ill thc Si;itc NORA EI.OTI ERON RETURN BY MAIL 1'O: David \V Olsen, Esq. Olsen & OIscn. LLP I'O. BOx 706 Culchogue, NY 11935 RESERVE THIS SPACE FOR USE OF RECORDING OFFI C£ FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 10-7404-79482-SUFF SCHEDULE A-! (Description) AMENDED 10/14/10 ALL that certain plot, piece or parcel of land, situate, lying and being at Nassau Point, or Little Hog Neck, Suffolk County, N.Y., and known and designated as Lot No. 117 on map entitled, "Amended Map A of Nassau Point, owned by Nassau Point Club Properties, Inc., situate in Town of Southold, Long Island, N.Y" surveyed June 28, 1922 by Otto W. Van Tuyl, C,E. & Surveyor, Greenport, N.Y. and filed in the Office of the County Clerk of Suffolk County, N.Y., August 16, 1922, File No. 156, which said lot is more particularly bounded and described as follows: BEGINNING at a point at the intersection of the westerly side of Bayberry Road with the northerly side of Clearwater lane; RUNNING THENCE southwesterly along thc northerly side of Clearwater Lane the following 2 courses and distances. 1. South 39 degrees 30 minutes 00 seconds West, 57.09 feet; 2. South 43 degrees 25 minutes 40 seconds West, 282.07 feet to The Lagoon; RUNNING THENCE northerly along The Lagoon along a tie line North 63 degrees 10 minutes 00 seconds West, 106.56 feet; RUNNING THENCE North 43 degrees 45 minutes 10 seconds East, 417.00 feet to the westerly side of Bayberry Road; RUNN1NG THENCE southerly along the westerly side of Bayberry Road South 20 degrees 11 minutes 30 seconds East, 106.98 feet to the northerly side of Clearwater Lane the point or place of BEGINNING. THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the prem~es which by law cottititute real property FOR CONVEYANCING ONL Y: Together with all the right, title and interest of the party of the first part, of in and to the land lying in the street in front of and adjoining said premises. SCHEDULE A-I (Description) This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage ]nst inmont Deed I Mortgage Tax Stamp I Recording t Filing Stamps FEES Page / Filing Fee Handling 20. oD TP-584 Notation EA-sz z7 (County) R.P.T.S.A ~,W9 C~__ Sub Total Other Grand Total ~~/'~ -- 4 ID 10025391 ~ooo z~eoo 0200 o~3ooo RECORD & R~URN TO: 32495 Main Road. P O Box 706 Cutcho~ue, NY 11935 Mailto: Judi~ A, Pasc~le, Suffolk Coun~ 3~o Center Drive, River~ead, NY~tgo~ ~,~olkcou n~ny.gov(defk Suffolk County Recordin & Endorsement Pa e This page forms part of the attached by: JULIA M. MATLAW, AS SURVIVIi~ TENANT BY THE ENTIRETY DEED Mortgage Amt, __ ~. Basic Tax z, Additional Tax SubTotal Spec,/Assit, or Spec.lAdd TOT. MTG. TAX Dual Town __ Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage or will be imRroved by e one or two family dwelling only. YES or NO If NO see appropriate tax clause on page# of this instrument Community Preservation Fund Consideration Amount CPF Tax Due $ [0/z~O~) , Improved Vacant Land 7 J Title Company Information (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK made TO In the TOWN of SOUTHOLD NORA FLO~rERON In the VILLAGE Or HAMLET of CUTCHOGUE BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECOR DING OR FILING (over) SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED ~m~er of Pages: 4 Receipt ~,m~er : 10-0134573 TRANSFER TAX NUMBER: 10-08272 District: 1000 Deed Amount: Section: Block: 118.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $670,000.00 Received the Following Fees For Above Instrument Exempt Page/Filing $20.00 NO Handling COE $5.00 NO NYS SRCBG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert.Copies $5.00 NO RPT Transfer tax $2,680.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 10-08272 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL J~DITH A. PASCALE County Clerk, Suffolk County Recorded: 11/18/2010 At: 11:04:45 AM LIBER: D00012643 PAGE: 493 Lot: 013.000 Exempt $20.00 NO $15.00 NO $125.00 NO $0.00 NO $30.00 NO $10,400.00 NO $13,310.00 PLEASE ]~PE OR PRESS FIRMEY WHEN WRITING ON FORM INSTRUCTIONS: http#/www.~rps.st~te.n¥.us or PHONE (518) 473-7222 RP - 5217 I O9 / 20 / 20t01 BUYER Veto l~each I FL I 32963 Olson l David (631) 734-7666 I NEWYORK STATE COPY Dr. Jonathan Perry 750 Aborn Lane Cutchogue, NY 11935 Mr. James King President Town of Southold Trustees 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Via Certified Mail: 7009 2820 0002 5982 1906 RE: Wetland Application N. Flotteron SCTM# 118-2-13 June 11, 2012 2012 Dear Mr. King, I write to you to express my strong opposition to the Wetland Application of Mrs. Nora Flotteron to reconstruct a bulkhead and deck at 1480 Bayberry Road, Cutchogue. I am the owner of the Lagoon bottom where the reconstruction of the existing bulkhead is proposed. According to the Legal Notice posted in the Suffolk Times dated June 7, 2012, approximately 20 cubic yards of Lagoon bottom is to be excavated and used as back fill in conjunction with the fabrication of this bulkhead. Just last week I sent an extensive letter to Mr. Scott Russell detailing and documenting my ownership of the Lagoon bottom. I also sent a copy of that letter to Trustee Bergen, and a copy of my title insurance policy for the property in question that he had requested. As set forth in my letter to Mr. Russell, the Town and Suffolk County have historically and consistently recognized my ownership of the Lagoon bottom. This exact situation arose in 1998 when the Corazzini family was directed by the Trustees to obtain permission from my wife and her sister (the then current owners of the property) prior to construction of a dock in front of their house at the Lagoon. Once again, I supply you with a copy of my title insurance policy as well as my in-laws policy from 1974 for the same property documenting ownership. I also enclose a copy of Mrs. Flotterons deed that clearly shows no ownership to the Lagoon bottom. (See enclosures) I ask that you deny this application until Mrs. Flotteron has obtained permission from me as owner, to disturb the Lagoon bottomland. I respectfully request that this letter be read into the record, and include the enclosures in the record at your meeting to be held on June 20, 2012. Finally, please forward a copy of your decision regarding this matter to me in writing. Thank you for your consideration. Cc: Ms. Lori Hulse Sincerely,~ Jill M. Doherty, President Bob Ghoslo, Jr., ¥ice-Pre~ident d~me~ F. King D~ve Bergen John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 8outhold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 22, 2011 Phil Cardinale, Esq. P.O. Box 2021 Jamesport, NY 11947 RE: SCTM # 118-2-11.4 Dear Mr. Cardinale, As per your request, the Trustees have reviewed the history of the underwater lands your client, Dr. Jonathan Perry claims ownership of in the lagoon at Nassau Point. The Board of Trustees will not challenge the private ownership of the underwater land referenced above. Regards, ~1/1 Doherty, Pre~ent ,l~oard of Tmst~ Cc: Members of the Board of Trustees Robert I. Scott. .Il'.. Chairman Darline J. Duffy, A~essor Kcvin W. Webster. Assessor Southold Town Hall. 53095 Route 25 RO. Box 1179 Southokl. NY 11971-0959 Fax: (631) 765-1356 Telephone: (631 ) 765-1937 BOARD OF ASSESSORS TOWN OF SOUTHOLD June 29, 2011 Phil Cardinale, Esq. PO Box 2021 Jamesport, NY 11947 RE: SCTM# 1000-118.-2-11.4 Dear Mr. Cardinale, Jennifer J Bun'ell and Jonathan Perry are listed ns owners on the Town of Southold assessment roll for the above-referenced property. For certification of ownership please contact the title company, If you have any questions, please do not heai~ate to give our office a call. Sin ~ly, ~ ~ RIS/cg/ TLE INSCIR NCE POLICY THE TITLE GUARANTEE COMPANY ilml PIONEER NATIONAL TITLE INSURANCE COMPANY THE TITLE GUARANTEE COMPANY, a New York Corporation, and PIONEER NATIONAL TITLE INSURANCE COMPANY, a California Corporation, jointly and severally, together herein called "the Company," in consideration of the payment of its charges for thc examination of title and its premium for insurance, insures thc within named insured against all loss or dama~ not exceeding thc amount of insurance stated herein and in addition the costs and expcoses of deftmding the title, estate or interest insured, which the insured shall sustain by reason of any defect or defects of title affecting the premises clcscfibed in Schedule A or affecting the interest of thc insured therein as herein s~t forth, or by reason of unmarketability of thc title of thc insured to or in the premises, or by reason of liens or incumbrances affecting title at thc date hereof, or by reason or any statutory lien for labor or material furnished prior to thc date hereof which has now ?ined or which may hereafter ~o~in priority over the interest insured hereby, or by reason of a lack of accees to and from the premises, excepting all loss and damage by reason of the estates, interests, defects, objections, liens, incumbrances and other matters set forth in Schedule B, or by thc conditions of this policy hereby incorporated into this contract, thc loss and the mount to be ascertained in the manner provided in said conditions and to be payable upon compliance by the insured with thc stipulations of said conditions, and not otherwise. names ~nd ~d~ to be h~renom affixed by their duly authorized ot~,~'~. PIONEER NATIONAL TITLE INSURANCE COMPANY THE TITLE GUARANTEE COMPANY Validating O~r or /~gent Secretary 8~tima 1 DI~INITIONS (a) Whe~ver the term "insured" is used in this policy it includes throe who sococed to the inl~e~t of the imured by operatiz of law including, without limitation, heirs, disuilmtees, devisees, survivors, case may be, and these to whom the imored has assigned this policy wbr~e such mignment is permitted by tho ter~ hereo~, and whene~r the ~rm "insured*' il meal in the comiiti{m$ of this policy it also includes the att~neys and ng~nts iff the "insured." (b) Wher~er the term "this company" is used in this ~ it ~ The Thi~ Guaran~ Company and Panner Natlo~l Tit~ Imumnor Company. (c) Whevev~ the term "final determination" or "firmliy deter- mined" is used in this policy, it mexm the final determination iff a the llme to appeal has expired. (d) Wherever the term "the premises" is used in this p~icy, it .me? tite peoperty immed hereln m c~scriheti in ~'w~h~e A iff this pohcy incl. uding ~mch buildings and imprT}vements the~on which by law ctmmtote real property. (¢) ~A'nerever the term "t~m-ded' is used in this policy it meam, uoleas otherwise indicated, i~corded in the o~ce of the r~-~:ording officer iff the county in which property insm~ herein lies. ~ 2 DIf~If. NSE AND PROSECLrlION OF SLrITS (a) This company wi]l, at its own c~t, defend the insured in all acti~ or proceedings fmmded on a claim tff title or incumbrance not (b) This company shall have the right and may, at its own c~t, maintain or de~end any action or proofing relating to the title or interest hereby insmed, or upon or under any covenant or contract ~h~..~themo which it comide~ d~irable to prevent or reduce (c) In ail cases where this policy requires or permits this company to peosecute or c~end, the imured shall secure to it the right and opporumity to maintain or defend the action ~ proceeding, and all appeals from any determln:ation therein, and give ~t all reasonable aid therein, and hereby permits it to use therein, at ia option, its own name or the name iff the insured. (d) q~ne provisiom iff this section shall survive payment by this company iff any specific Iota or paym~mt iff the entire amount of this policy to the extent that this company shall deem it necessary in recovering the km ~om these who may he liable therefor to thc amused or to this company. ~ 3 CA~ES WHERE LIABILITY ARISES No claim for dama~s shall ~ or he mainmimhie under ~ (a) Where there has been a final detefmination under which irmu~d may he dispe~!~d, evicted or cjcc'~d from the premis~ or from some par~ or undivid~l sh~rc c~ inter~t therein. (b) ~ ~ ~ bee~ a ~ ~termlnatinn atlverse lo the tide, upon a li~ or incumbrance not excep~tl in this policy. (c) Where the insured ~hali have ca~u-aoted in good faith in writing ~o sell the imured ~tate or in.text, or whe~ the i~ured estate bas been sold for the benefit iff the inroad pursuant to the judgment or order iff a court and the fitie has bcen rejected because of a defect or incumbrance not excepted in this policy and there bas been a final determination sustaining the objectiun to the title. (d) Where the insurance is upon the interest iff a mortgagee and the mor~ h~[ ~ &dju~.d by n final deP~:rl~ination to he invalitl or ineffectual to charg~ the itmu~l's estate or interest in the premises, or mbject to a prior lien or incumbrance not excepted in this policy; or where a recoiling officer bas refused to accept from the insured a mlnnliOrl SM~ing th~ ~ brC. l~llse iff ii d~t in the title to the said mortpg~. (c) tArl--~-~ the insured ~ hove ne~fiated a loan to be made on the ~-.--'urity iff a mortgage on the insured's estate or interest in the and it shall have been finally de. termin~d timt the rejection iff the tltie wa~ justified became iff a ~ or inp,~'ance not exorpted in this policy. (f) Where the insured shall ha~ tran~erred the tide insured by an instrument containing coca.ts in re~d to tide ar warranty thereaff and there shall have been a final decexminafiun un any iffsuch ~ nants or warranty, agaimt the insored, because iff a defect or incum- (8) Where the insu~d estate ar interest or a part the:eof has been taken by condemr, ation and it bas bcen Rnnlly detetmlned that the insured is not entitled to a full award fo~ the estate or interest taken became of a defect or incumbrance not excepted in this policy. No claim for damages shall arise or he maintainable under this ~efelicy (1) if this company, after havi~-~ received notice of an aide, ed et or incumbrance, remove~ such defect or incumbrance within thirty days after receipt iff such notice; or (2) for liability voluntarily assumed by the insured in settling any claim or suit without the written consent iff this company. 8eeeinn 4 NOWICE OF ~ In ease a purchaser or pcopmed mor tgnge lender raises any question a to the sutEclency iff the tide hereby insured, or in ca~ actual knowledge shall come to the insuml iffany el:aim ad,~rse to ~se tide action or peoceeding, the ob}eot or effeot iff which simll ~ may he to impugn, attack or cab in question the validity iff the title hereby iunu~ the insured shall promptly notify this ~apany ~ in writing at its main office and forward to thls .company such paper or such notice, mmmom, process or pleading. Delay m giving this notice and delay in forwarding such paper or such notice, summing, ptoorm or pleading ~ r~ afl=ct this company's liability if such ratline bas not prejudiced and cannot in the future prejudice this company. 8~ton a PA~ OF LOSS (a) This company will pay~ in additi~ to the Iota, all statutory costs and allowances hnposed on the insured in litigation carried on by this company for the imured under the tenm iff this policy. This company shall not he liable for and will not pay the fees of any counsel of attorney employed by the imured. (b) In ewry case where claim is made for Icm or damage this company (1) reser~e~ the right to settle, at its own c~t~ any claim or suit which may involve liability under this policy; or (2) may termi- nate its liability hereunder by paying or tendering the fuli amount iff this policy; or (3) may, without conceding liability, demand s valua- tion iff the imured e~tate or interest, to be made by three orbitratt~ or any two of them~ one to he chosen by the install and o~e by this tio~, leto the amount iff any incumbrance~ on said insutzd estate and interest not hereby imured agalrat, shall be the extent iff this com- ers liability for such claim and no right of action shall accrue nder for the reco~ry thereof until thirty day~ afar notice iff such valuati~m shall have been Served upon this ~y, and the inmred shall have tendered & conveyance or assignment of the insurexl estate or interest to this company or its designee at such valuation, diminished a~ aforesaid. The foregoing option to fix a valuation by ar bitration shall not apply lo a policy insuring a mortgage or leasehold interest. (c) Liah0ity to any collateral holder of this l~licy shall not exceed the mount of the pecuniary interest iff such collateral holder in the premises. (d) All payments made by this company under this policy shall reduce the amount hereof pro tanto except (1) payments made for counsel fees and disbursements in def~din~ ~ pt0aecuting actions or ix~eedinss in behalf iff the imur~ and for statut~'y cotts and allow- ances impeeed on the imured in such acti~ and pmo~lings, and (2) if the insured is a mortgagee, payments ,,,,,a,- to sxtiney or mbordi- hate prior liens or incumbrances not set forth in Schedule B. (e) When liability bas be:n d~rmltdy ~ in accontance with the conditiora~ iff this policy, the loss or dam%ac shall he payable within thirty days thereafter. 8~'tioa ~ COINSURANCE AND APPORTIONMENT member companies for continuation of llab~llty to grantees ~ the ............. I imured ~n c~rtaln apecific c~rcumamnc~ ~nly. In no ch'cunmanc~ .pe~?e. nt au .t~. uen to tr~e ?re o~ tins ~ot~cy, an.a on~.y ? that I insured the su~clency of the form of the asdgnment or other imwu- If the c~t of the improvement exceeds tv~nty per centum of the sufficiency of any pro~eethngs afte~ the date 04' this pnlwy, zmount of this I~icy, such Wopo~on only of any p~rtlnl Ires estab- ~mtlma $ ~O~ATION bhed shall he b~nc by the company as one hundred twenty per centum of the amount of thls noficv hears m the of the amount of (a) Thls company shall to the extent of any payment by it of lorn this policy and the amount eznended for the im ment The fore under this poficy, he sulx'ogat~l to all rights of the ~nsuved ruth by the comuanv m mmecmln~ or m'ov~lirm for the defeme of actions requested to transfer such rtghu to this company. The rights so uam- o~- m~eeedi~'n ~half' of t~ ,~,,~,4~ ~.~m,an~ tn ~ wrr~ nf this ferred shall he mbordinate to any remaining interest of the insured. mdicv ~v to~ ---~ts im-'t~ed on-~e im----u~'~n-~c--I~ a'~tlo-'~s~r--or~'d- (b) If the imured is a mortgagee, this company's fight of mtax~ga- inns' 'and ~ aonlv on]' v to that ~ o~ I~-w-~i~ exceed in t~ he tlon ah~li not prevent the insured from relea~ng the pex~onnl lla~li' "'ty nn~en-ate ten ne'r~c~nt o~ the face of t~ -- -~ holier of the obligo~ or ~arantor or fi.om releasing a portion of the premises "~.~i,4~d ~,' ~.~.~ tk.~ t~- ~o~. -'"..~... ~- ,.~.i~.. from the lien of the mortgnae or from increadnR ov otherwise modify- shall not amev to anv lorn arisin t of ~ ne incumbrance for & img the insured mortgage ~ such acta do not affect the validity linaldated ammmt which 'e'~m the date of this nol~cv and was I m ImOnty of the lien of the mortgage insured. However, the linldlity not' shown in Schedule B '~1- -- 'ded--f~t~r'~l~--c~in~urance of this company under tl~ policy shall in no event he increased by prov~iom shall not apply to any ~'~ at the time of the occurrence [ any ~uch act of the insmed. of suc~.. Ires. the then value of the premix, as so improved, do~ not [ 8eet~m ~ MISREPRI~F.~TATION and a Ires is estaldi~hed affecting one ~ mo~e lint not ~li of said material fact, or any suppresmoa of o~ faflur~ t0 disdme any m~terial .~r~..Is, the ires shall he computed and settled on a pro rata basis as fact, or any untrue answer by the insured, to material inquiries before if this policy were divided, pro rata as to value of said separate, the issuance of this policy, shall wld this policy. independent ~ exclusive of improvements made sul~-quent to the dote of thls policy. ~ 10 NO WAIVER OF CON~ITION~ (c) {~lauses "(a)' and "(b)" of this section apldy to mot~age Thls company may take anyappropv~ate action under the tefmsof po~cle~ only after the insured shall have acquired the interest of the this poficy whether of nm it sha~ he lial~e hetmmder and shall not (d) If, at the time lial~llty fo~ any lorn shall have'heen fixed [mr ~ I1 POLICY EN'[Itl~ CONTRACT suant to the condiflom of this Puficy, the imu~-d holds another pofic~ of insurance coverlng the same loss issued by another company, thl Ail actions or proco.--dlngs against tltis company m~t he baaed on company shall not he lialde to the imm~d for a greater proportio~ G the prov~om of this policy. Any other actton or actiom or rights of the 1~ than the amount that this policy beara to the wh~e ammmt G ~on that the imm~d may have or may I~ng apinat this com~,W the lcm.~u have been provided by a~reemem hetween this company and fl~ other insurer or imu~r~ 8~oa ? ASSIG~ OF POLICY If the inte~t inmr~d by ~ ~ b ~t ~ a ~, t~ ~li~ my ~ ~d m ~ ~# i~ ~ ~ ~t ~ m,~;~ ~nt~. ~~in ~ra~ ~ New Y~k ~ ~ U~ ~ ~ t~ ~t ~ 1~ ~ t~ Sm~ ~ ~w Y~ ~ ~ t~ ~d o~ BNDORSEMKNT8 A Valuable Document olIOlI F, Insurance 11TLE GUARANTEE- NEWYORK j~ PIONEER NATIONAt. TITL.E INSURANCE TICOR TITLE INSURERS HEAD OFFICE 120 BROADWAY, NEW YORK CITY 0 Providing direct title services or referral services throughout the United States, Guam, Puerto Rico and the U.S. Virgin Islands. Name of' ins.red GEORGE A. BUP~RELL & JOI~E E. BUI~RELL) his wife, as t~ants in common. Policy No. 1~o5505 Amount of Insurance $ Da~e of Issue The estate or interest insured by this policy ;s ~'ee simplc vested in Se insured by means, of at C, eed made by Be~t~'Lc~ M. Judge & Chemical Bank, as Etec. of an~ Tzu. s~ee~ uncez' the last v~iLland t.~stament of Ca~,~-l~s Ha~., .~eceascG, to the insu~'~d, dated 11/2 5/7~$. L Defects end incumbrances a¢;sing or becoming 4. Judgment~ ageind ~e insu~d or rotates, liens or incumbers c~+~. ~. ~e to any pro~ ~yond SCHEDULE B or ~ offer ~rud~ ~ ;mpmve~nt, unl~ ~is ~i~ ~i~l~ 6. C~eL ~ ~e buildings or ~her ~s u~ ~e ~miws or (az'fact s~Pa?~ A). Co~n~mt~, R~r~ctions and Easement in Libez' ~'/~ cp 313, (aiIects Pa'c~l ~ ~ _ ) Covenants ~r_a Rsst.r~et~ons ia Lioap 110~ cp ~,~, (~z~ect~- tit.Yek'-~ inuu:?ed to ~,ny land lying balow the '~n :~ame now e:ists o-c fo~'me~:'Ly e:;',isted. Rights of the Federal Gove='nmen5 to ante<' upon and take possess- ion without compe~lsation cf l~nds now o~' i'o~'meriy lying b~low th~ ~igh w~:~:' 2az'k oz' O:?eat P~co~ic ~ay, the Lagoon) ~ac the Canal. Righ'c3 oz' tF:e People of ~n~ Sta~te oz' Nevi Yo~".~ in thos~ po:?tions of ' ~':~' o:.' ..,~e_,, of the '' .... p~.e,,l.,a. ~Ol; foz'me:fly unde::' rue .... t.~ Peconic Bay, the Lagoon, anu u~= F. No title is iasu/ed to a ~- ~'~· ~' ' consinu,:d ~. SCHEDULE '~" OF THIS POLICY CONSISTS OF ~ SHELW($). SCHEDULE B (co.finued) Policy No. S'a~divi'~;f,'z,a~ S~ctLoa B, iR,esau Poin~ ~luo P.,'opet.ties, Inc.~ riled i~ ~: O!z'ic_ of ~c,e ~;~.'.~ of the ~ou~y o2' S~_o~. the County or S~folk on Oc-~obem~ 1390 as Dias No, [53; ..... u Po_n,, :fl[:d in t~: ~2:::.__ -' z:,, Amended Me;s B of S~c'{i:t B~ l~s~ Point '~%ub ~ ...~ ,ia , Inc., BEGINNING az ~ p, oin~ o~.~e n)rthwesDerly side or Aborn Lane, dist,: nt ~:=9 feet S~a%e.,.'l~', ~?hen measu,'ed along the or the nc..:thw~:~$e.t, iy ~e--of Abo.cn L~l-Wi~h ~he ?,esterly ;::outnweste:!y s~.d~o~'E~(('gR~.¢~s ~wn on the ahoy,: mentioned inte~.sucts th- noPShW&st~$ys:~de ~ Abo.:n RUi~'IiNG Ti~NCE Sou~[ ~gx'ees: ;$R minus$~A~ secones West, along the northwesterly si~o; ~born Lane~ ~l.0b raet to the south- ~e:steciy ~xt~.emity or ~ .Lane; Ti~NCE South 3D degrce~ lb m~n~tes O3 seconas Ear, t, along the ~.,uth~,~ste~'ly '~t 'eft,' t~, of Abo.,-n Lan,:, %.5.0,) fee's to land nor o~.' ro c~e..!y oi .... ~ McLnz~ Ti~3~E aioag seid last m~ntioned land~ the following t~.ee (~ ' ' ~a~te=~y~ slung ~hu cu.~ve no.c~he "~y linu o": leal no~ or ro~.me.:iyor McKn~ght us shov;n on the ~bove mention.sa maps, a tls i[nc a~stancc:; of ~o~t,. ol degrees ~j minutes O0 ~econds West, 2'?[.!,0 feet to ~, point; (3) South 5~ deg!.~es ,~ mlnu'oes O0 seconds West, !2U,O0 feet to the ~J_~'1%;stet mask or P~.conlc B~y; T!~NCE along the highwzte~' mr? 'or Peconic Bey, the fo!ior~iag two (~) ~ie co~rses ann (1) Noi'th 48 degrees 34 minu';.~.~s O0 seconds west, 2~1.16 feet to a 9'oint; (2) North 60 degrq~es 2~ minutes 40 seconds West, 30.00 feet to the noi'thwesterly bulhheaa of a c~nal; -9- T}~{CE No~.th ~9 deg~'ees 36 minutes 20 s~conds East, along the no~'thweste~ly bulkhead oz' .,}ald canal, and pa~.tly alo~]g Lot as sh~n on the above ment'koned maps 177 z'eet to a point on the ~o,.'~ ~ine or the lagoon, as shown ~ ~e aOove mentioned maps; tae lagoon, as showm~%,~ mS~ve ~ae~o~C~ps, an~ along Lots 108, 10~4 1!0, 111~ ~k ~ 12~,a,~ ~h0wa'?o~ the above lagoon at Bz'idge ~?. T~NCE No~'th~as~eriy; ~ the sout?~e~!~ sid~ of sai~ b~'Ldge to a ooint on t~[{no~t~ side of t~e~..i~goon~ at t~e sout~u~,~este:~.iy co~'ne~' of Plot ~:as Sh~':~n~'~{ap No. ~, ~bove mentioned; T~HCE easte~ly~n~ ~'Shg~e .l~ne O~]t~ ~goon a~d along Plot C as s:,o~,m on sei~':Ms~ ~?~[UR and ~$~tinming Sl~g the shore lin~ the above mentlone~,~to ~':~'O~nt wh~re~2he division linc between Lo~&~ ~ and 100 inter~D$ ~the lagooa as~shown on 5~ above mentioned T~NCE Sou~ q~ degrees 4~ ~[h~tes 00 seconds West, ~koag s~id mentAoned division line~ ~00 ~'eet to a T,KENCE South 35 deg~.ees 15 minutes O0 seconds East, along the soutnweste~'ly side of said Lot 99 on the above mentioned maps, 240.00 feet to the northweste:.'iy side o~' Abo~'n Leone, ~t the point o:~ place of BEGii'~iNG. Fidelity National Title Insurance Company Policy No.: 27-31-92-491026 Title No.: F06-7404-66897SUFF Amount of Insurance: $1,000,000.00 1. Name of Insured: Jennifer J. Bun'ell SCHEDULE A Date of Policy: January 8, 2007 at 9:00 AM The estate or interest in the land which is covered by this policy is: Fee Simple Title to the estate or interest in the land is vested in: Jennifer J. Burrell As to a 1/2 interest: by deed from Galauvent Associates dated February 3, 1998 recorded March 6, 1998 in Liber 11881 cp 975 (premises and more) and As to a 1/2 interest: by deed from Lizabeth L. Burrell, as to her undivided 1/2 interest dated December 4, 2006 and recorded in the Suffolk County Clerk's Office on January 17, 2007 in Liber 12487 cp 666. The land referred to in this policy is described as follows: See Schedule A-1 (Description), following. Schedule A Owner's Policy Page I Rev. (02/04) Fidelity National Title Insurance Company Policy No: 27-31-92-491026 Title No.: F06-7404-66897SUFF SCHEDULE A-1 Description ALL That certain plot, piece or parcel of land, situate, lying and being at Nassau Point, Town of Southold, County of Suffolk and State of New York shown and designated on Map of Proposed Subdivision Section B, Nassau Point Club Properties Inc., filed in the Office of the Clerk of the county of Suffolk on October 4, 1919 as Map No. 745; Amended Map A of Section B, Nassau Point Club Properties Inc., filed in the Office of the Clerk of the County of Suffolk on October 21, 1920 as Map No. 753; Amended Map A of Nassau Point, filed in thc Office of the Clerk of the County of Suffolk on August 16, 1922 as Map No. 156, and Amended Map B of Section B, Nassau Point Club Properties Inc., filed in the Office of the Clerk of the County of Suffolk on September 26, 1924 as Map No. 789, bounded and described as follows: BEGINNING at a point on the northwesterly side of Aborn Lane distant 422 feet southwesterly when measured along the northwesterly side of Aborn Lane from the comer formed by the intersection of the northwesterly side of Aborn Lane with the westerly side of Nassau Point Road; said point of beginning also being where the southwesterly side of Lot 99 as shown on the above mentioned map intersects the northwesterly side of Aborn Lane; RUNNING THENCE South 54 degrees 42 minutes 00 seconds along the northwesterly side of Aborn Lane 311.00 feet to the southwesterly extremity of Abom Lane; THENCE South 35 degrees 18 minutes 00 seconds East along the southwesterly extremity of Aborn Lane 25.00 feet to land now or formerly of McKnight; THENCE along said last mentioned land the following three courses and distances: 1. South 54 degrees 42 minutes 00 seconds West 7.00 feet to a point; 2. Westerly along the curved northerly line of land now or formerly of McKnight as shown on the above mentioned maps, a tie line course and distance of North 81 degrees 23 minutes 00 seconds West 247.30 feet to a point; 3. South 54 degrees 42 minutes 00 seconds West 120.00 feet to the high water mark of Peconic Bay; THENCE along the highwater mark of Peconic Bay the following two tie courses and distances: 1. North 48 degrees 34 minutes 00 seconds West 251.16 feet to a point; 2. North 60 degrees 23 minutes 40 seconds West 30.00 feet to the northwesterly bulkhead of a canal; THENCE North 29 degrees 36 minutes 20 seconds East along the northwesterly bulkhead of said canal and partly along Lot 108 as shown on the above mentioned map 177 feet to a point on the shore line of the lagoon, as shown on the above mentioned maps; THENCE in a general northerly direction along the shore line of the lagoon as shown on the above mentioned maps and along Lots 108, 109, 110, 111, 112 and 113 as shown on the above mentioned maps to the southerly side of the bridge which crosses the lagoon at Bridge Lane; THENCE Northeasterly along the southerly side of said bridge to a point on the northerly side of the lagoon at the southwesterly comer of Plot C as shown on Map No. 789 above mentioned; Schedule A-I (Description) Owner's Policy Rev. (02/04) FIDELITY NATIONAL TITLE INSURANCE COMPANY Policy No.: 27-31-92-491026 Title No.: F06-7404-66897SUFF SCHEDULE A-1 Continued THENCE Easterly along the shore line of the lagoon and along Plot C as shown on said map No. 789 and continuing along the shore line of the lagoon in a general southerly direction and along Lots 121, 120, 119, 118, 117 and 107, 106, 105, 104, 103, 102, 101 and 99 on the above mentioned maps, to a point where the division line between Lots 99 and 100 intersects the lagoon as shown on the above mentioned maps; THENCE South 44 degrees 42 minutes 00 seconds West along said last mentioned division line 100 feet to a point; THENCE South 35 degrees 18 minutes 00 seconds East along thc southwesterly side of said Lot 99 on the above mentioned maps, 240.00 feet to thc northwesterly side of Aborn Lane at the point or place of BEGINNING. EXCEPTING that portion conveyed to Richard W. Corazzini and Cheryl Ann Corazzini by deed recorded in Liber 11918 cp 400. Schedule A-I (Description) Owner's Policy Page 3 Rev. (02/04) Fidelity National Title Insurance Company Policy Number: 27-31-92-491026 Title No.: F06-7404-66897SUFF SCHEDULE B - PART I Exceptions from Coverage This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Rights of tenants and persons in possession. 2. Easement to LILCO in Liber 1966 cp 300. 3. Telephone Easement in Liber 1000 cp 431. 4. Covenants & Restrictions & Easement in Liber 1007 cp 412 & Liber 978 cp 313 (copy to follow). 5. Covenants & Restrictions in Liber 1163 cp 279 (copy to follow). 6. Company insures ingress and egress over the street upon which the subject premises front, and to the nearest public highway. 7. No title is insured to any land lying below the high water line of Great Peconic Bay, the Lagoon and the Canal, its arms, branches and tributaries by whatever name called, as the same now exists or formerly existed. 8. Rights of the United States Government to establish harbor, bulkhead or pierhead lines or to change or alter any such existing lines and to remove or compel the removal of fill and improvements thereon including buildings or other stmctums, from land now or formerly lying below the high water mark of Gmat Peconic Bay, the Lagoon and the Canal without compensation to the insured. 9. Riparian rights and easements of others over the Great Peconic Bay, the Lagoon and the Canal, however, the policy does not insure any riparian rights or easements in favor of the owner of the premises herein. 10. Rights of the United States Government, the State of New York and County of Suffolk Town of Southold, or any of their departments or agencies to regulate and control the use of the piers, bulkheads, land under water and land adjacent thereto. 11. Company excepts sewer charges that have not been specifically included on the tax report herein. (This objection will be omitted for Mortgage purposes only.) Note: Upon request the Company will order a sewer search to determine whether there are any open sewer charges affecting the premises and omit this objection for Fee purposes upon payment of all outstanding sewer charges. 12. Survey by Roderick Van Tuyl P.C. dated 10/31/74 shows a house; detached garage; boathouse; bulkhead within westerly line. Inspection dated 12/1/06 shows I and 2 story additions and deck added to house; shed attached to garage; boathouse converted to living space; deck added to boathouse; wood and metal dock to the northeast of the house; driveway. 2006/2007 Town and School taxes, Second half. Owner's Policy Page 4 13. Schedule B Rev. (02/04) FIDELITY NATIONAL TITLE INSURANCE COMPANY Policy No: 27-31-92-491026 Title No.:F06-7404-66897SUFF 14. SCHEDULE B - PART 1 Continued Mortgage made by Jennifer L. Burrell to Wells Fargo Bank N.A. in the amount of $l,150,000.00 dated January 8, 2007 and recorded in the Suffolk County Clerk's Office on January 17, 2007 i Liber 21453 mp 142. Schedule B Owner's Policy Page 5 Rev, (02/04) Fidelity National Title Insurance Company OWNER'S POLICY Attached to and forming a part of Policy No. 27-31-92-491026 of FIDELITY NATIONAL TITLE INSURANCE COMPANY 1. The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. The following is added to Paragraph 7 to the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of said policy unless otherwise expressly stated. This endorsement, when countersigned below by validating signatory, is made a part of the policy and is subject to all the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized signatory and countersigned on the date hereinafter set forth. Signed and Sealed: January 8, 2007. Countersigned: Fidelity National Title Insurance Company Standard Owner Policy (9/1/93) w/ALTA Owner's (10/17/92) Rev. (02/04) (Owner Policy93) Janu~J 6, 1~)98 Jennifer Burial ~. ' ............ 420. Ea~t.~th Street, #245 "- New Yo~k, N.Y. 10022 .. Dear Mm. Burml, We am writing you this letter in accordance with the Town of Southold Trustees dlre~ve, to obtain your permission to build a floating dock on our property. As per the Town of Southold, we need a letter from you in order to proceed with this p~j~t. Enclosed you will find a ~ of our survey with the propoaed drawing of the dock. Your immediate attention In this matter would be greatly appreciated. Wishing you and your family a healthy, happy new year. Rlche~l and Cheryl Co~zini Board of Trustees 23 January 28, 1998 TRUSTEE SMIT~: I would say approve this thing tonight with condition we get a survey showing the septic system. I'll move to close the hearing. TRUSTEE KING~ Second. ALL AYES TRUSTEE SMIT~: I'll make a motion we approve with condition that septic system is shown on new or updated survey. TRUSTEE FOSTER% Second. ALL AYES 16. ~%D COHAZZIN]~ requests a We~lan~ ~er~i% to repair existing bulkhead using standard industry methods, and construct a 6' X 10' floating dock and a 4' X 14' ra~p. Located: 8500 Nassau Point Road, Cutchogue. SCTM #118-5-4.1 T~UST~ K~.~ Is ~here anyone here who would like to speak in favor of the application? MR. COP~ZIN~ I' 11 answer any questions you might have. TK~k~T~E Ki~%IPSK~: I took a look at it today and it's about 6 inches underwater. It's pretty straight forward. But we suggest here where you have wetlands all around it, is that when it's built where it requires where you take the poles out and build it right up against the old one. So they don't go out as far. So it will go out 8" instead of 18". And you have to get a letter from Mr. Burrell who owns the underwater property. MR. co~%~z~rl~ we spoke with Mr. Burrell and for liability reasons, he would rather deed me a piece of the bottom. Another thing is I'd like to apply for a 6' X 20' float instead of a 6' X 10' float. T~?q~al~ K~KI~ Do you want to table this and we can vote on the b~lkhead tonight? ~'.(~2~Z~ Sure. ~~. I'll move to close the public hearing. ~E ~ Second. ALL AYES I'll make a motion we approve repair of the bulkhead provided the poles removed first and then the new bulkhead placed right up against the old bulkhead. r~ S~.~ Second. ALL AYES 17. John Hallihan on behalf requests a~..P~t to replace witS~ 18" 94' of new bulkhead, widen ex~$~tn~ travel lift slip 7', replace existing west and south sides of travel lift with 48' of new bulkhead, install dxywell catch basin in haul-out apron and a 2' wide pervious buffer on north and south sides of travel lift slip, a~dmaintena~ce dredge in travel slip area to 4' below MLW. Located: end of west Mill Road, on west side of Mattituck Creek. SCTM #106-6-13.3 ~KH.~.~: Is there anyone who would like to speak in 't~ a~plication? Would it make any sense for him to pull the piles out and put the bulkhead right against it an~ give him a little more room? ~JJWl.~d~ K~m I think he's gonna(could not hear him). ~ ,~1~:: CAC recommended approval. Motion to close the hearing. _~9~T~K~NG:, Second. ALL AYES T~USTEE KING: . I'll make a motion to approve the application. CONSULT YO~ LAWYES SEI:O~ SI~NING TI~ INSTRUMENT-THru INS'WWI~. NT 8H~UI, D ~S .UIED BY LJWYERS ONLY. TNI81NDENTURE, maclethe W?-1~"~deYOf August BETWEEN LXZA~HTH L. BURRELL, residing a~ 136 Kane Street,Brookly,New York and JENNIFER J. BURRELL, resid£nq at 420 East'~th Street, New York City. New York, both as tenants in common ~ o~tyotthelimlmd, and RICHARD W. CO~AZZZNI,JR. and CHERYL ANN CORAZZINI, his wife both residing at No ~ Nassau Po£nt Road, Cutchogue, New York 11935 pady of the Mconcl ~. W1TNBBBGTH, that the party of I~'f~ ~, in ~n~iti~ of T~ ( $10.00 ) ~nd other val~le consideration doll.s ~ ~ the ~ el ~e ~d ~. ~ h~ g~ ~ ~1~ u~o ~ ~ of I~ ~ ~. I~ h~rs ~ ~s ~ Mg~ of I~ ~ of t~ ~ ~ ~r~er, AU. tl~tcert~ioo~t,~e~eer pa~ ofMnd, wl~ ~ebuiMing$indimDrovemel~thereons/ected,~ulm. yngindbei~9~m a~ Nassau Point or little Hog ~ck, To~ of S~hold, County of Suffolk and Sta~e o~ New York, ~ng and intended to be under wa~er ajacent ~o lot 102 on ~p enti21ed,e~en~ed Map A ~ Point, ~ned by Nassau Point C~ub Pro~rties, Inc., situated ~n the T~n of S~thold, ~ng Island, New York", ~urveyed June 2~, 1922 O~to Van Tuyl, C.E. and Surveyo~, Green~ort, New York, and filed in Off~oe of the Clerk o~ the County of Suffolk, August 16, 1922, n~er 156 more particularly bounded and described as BEGINNING at a ~inc on the most soutl~s~erly corner of the bulkhead and ~he mean high water ~rk of ~he "hag~n~ sa~d ~int being fee~ southerly, South ~2 degrees 5~ minutes ~4 seconds ~astl thence 5.96 feet southerly, South 21 degrees 00 minutes and 29 seconds West a poin~ where lot 101 and the mean high water mark~ and thence a~ong lot 101, Sou~ 86 degrees 33 m~nute8 00 seco~s East, 193.15 feet to the southeasterly corner of lot 102 and ~e no=therl~ cor~= o~ lot which ~s 60.21 feet northerly along a tie line Nor~'7 d~rees 55 minutes 10 seconds West fr~ the corner ~o~ed By ~e hOrSefly side ~orn Lane wi~ ~e westerly side o~ Nassau Point Road. ~NIN~ TH~CE fr~ said ~int of beginning, North 72 degrees B7 minu 14 seconds West, 34.01 f~2 to a T~CE NoEth 1S degrees 49 m~nutes 29 second8 East, 35.4g feet; THENCE Sou~ ~5 d~rees 36 minutes 06 se~ndB East, 34 feet l THE~E South 15 ~egrees 49 minutes 2~ seconds West, 36.2~ feet to the Hint or place of EEGZNNING. ebulth~g the shove described pmmi~e~ to 1he center Hne~ thereof; TO(~ETHER with the apl3urtene~ces end adl the omits ind i~ghto el the party of the tlrst pert In and to said srern~es; TO HAVE AND TO HOLD the Dlemises he,win grimed unto the Ixarty of the ~ part, the heirs o; euccelsora end aa~lgne of the party ot the second AND tits party o! the first p~t c~venant~ that the sally ol the f~r~t part hal not done or lUlfmecl Imyt his9 where~ THRU 9 MUST BE TYPED OR iqUNTED IN BLA ~K INK ONLY ~mOR ~ RECO~ING OR FILING. COUN~ ~ ~1'- ~ ~ SEP 22 ~8 ~r~ Cedl~eale # Sub Te~d GRAND TOTAL 1000 118.00 . 0~.0~ o II. (N~V NUMBER) Sub TMal Dual To,wa DoM Ceun~ HeM for Apperflument Trimrer Taz ~/. ~' YES or NO~ If NOs see ipp~flMe ~a~ dame aa rd' fab btOM.UCoL Titb Cemlmq labmmUua Cmupan~ Nm 7 i Ft&PcnAn~BY: Cheek Chr~ iSqer same ns R i]P, __ TRle Number llia~ C. Ooggin8~ Esq. P.O. Box 65 11775 Main Mattituck, New Yo=k 11952 RECORD & RgI'UBN TO '1 This page forms part of the attached L£zabeth L. Burrel~ Jennifer J. Burrell Cheryl Ann Corazzinz Bar, in & Sale Deed (Deed, Mon~a~e, ere.) made by: The premises he.~tn is s~tunted in SUFFOLK COUNTY, NEW YORK. Southold la the TOWN of la the VILLAGE Cu'.chogue or HAMLET of Section DEPARTMENT OF THE ARMY NEy/yOl~ DISTRICT. CORPS OF ENOM~ER~ NEW YO~K, N.Y. October 2, 1998 SUBJECT: Department of the Az~Z Permit Number P~Lchard Corazzini c/o J.M.O. Consulting P.O. BOX 447 Q~oc~e, New York 11959-0447 Dear Mr. Corazzini: We have co,Dieted our review of Application No. 98-01500-L2. Pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) and Section 404 of the Clean Water Act, you are hereby authorized by the Secretary of the Army: ACTIVITY: To construct a 6 fOOt by 20 foot float accessed by a 4 foot by 12 foot ra~p and replace a 43 linear foot bulkhead return in-ki~d and in-place. Under authority of the Nationwide ~eneral Permit Program, reconstruct a 38 linear foot bulkhead within 18 inches of the existing bulkhead, to be backfllled with 5 cubic yards of clea~ sand an upland source. All work shall be performed in accordance with the attached dra~ings which are hereby made par~ of th~s WATERWAY: an unnamed lagoon off Little Pecontc Bay LOCATION: Cutchogue, Town of Southold, Suffolk County, NY The activity authorized herein must be completed within three y~ars of the date of =his per,it. This authorization subject to the enclosed conditions. Please find enclosed two forms to be used to submit =o this office, as required, the dates of commencement and completion for the authorized The authorized activi=ymust be performed in accordance wi~h the enclosed plans. If any material changes in the location or plans of the subject work are found necessary, revised plans should be submitted =o the District Engineer. These plans receive the approval required by law before work begins. Nol:ice is hereby g~ven ~ha= ~he permit~ee should recogn£ze ~hat a possibility exists chat the structures permitted herein may be subjeot to wavewash from passing vessels. The issuance of this pemit does not relieve the permi=uee from ~akin~ all proper steps to inspire the inCegrit¥ of the structures permitted herein and the safs=¥ of boats moored thereto ~rom damage by wavewash and the permittee shell not hold =he United States liable for any such damage. If any queet£one should arise concerning this ma=ret, please contact Sophie Ettinger, of my staff, a= (212) 264-3912. Sincerely, Enclosures District Engineer NOTICE TO ADJACBIqT PROPERTY BOARD OF T~__~-,-~ TOWN OF ~ 1. That it is the inten=Lon of ~he unders£gned ~o =e~,_est a Permit £=o~ ~he Board of Trustees ~o~ 2. That the propert~ which is ~he subject of Environmental Review is located adjacent to Four property and is described as follows: 3. That the l=OJeCt which, is subject to ~nvironmen~al ,,-dn- Chapters 32, 37, or 97 of the Tram Code is ~pen to public c~,~nt. You may con~t ~- Tnmtees O~fice writing. '. · . . The m =eferenc~d proposal is ,,~4,~ review o£ l~e Board o~:. Trustees. o~ ~he Town of $outhol~ an4 does no~' re£er---~ anF' o~her agencF ~t -~ght have to =eview..sam~ proposal." ~. Eric.: Copt of Ii. etch or p~an stbmeing proposal for ~our convenience. COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: Cll-28023 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DEED recorded in my office on11118/2010 underLiber D000t2643 andPage 493 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 07/28/2011 ~ u~'~OT,,I~ COO]~I'Y JUDITH A. PA~CALE SEAL I I IIIII]IB lB flu ffl BI Ill ~ffl [Ifil IlH Inl II[ffiEl[llmllll[ ~UFFOZ~C C:OI~IT~ CLERK I~CO~D80FFZCE · ECO~DZ~ PAGE ~ o£ "rnBtzument::: DuBD X~:ez o£ Page,,: 4 P~BoeJ, p't Xmd)e~ : 10-01345'73 '~,~8FER TAX HOMER: 10-082';2 Dle~.zia2: 1000 Deed Amount: Ztecozded: ~AG~: 8ecfl~,iou: Blook: 118.00 02.00 $670,000.00 11/18/2OLO 11:04:45~ ReoeJ.~cl the Follov~L~tg' Feee Fo= Above Z~l~n.lmeM: 10-08272 THZS PAGB 18 A PAIt~OF THE ZHSTitU~NT TIlZS 18 H0T A BZLL D00012643 493 uvuZTHA. PA~CALB Count~Clerk, Suffolk Lo~: 013.000 $20.00 $15.00 $125.00 $0.o0 $30.00 $10,400.00 $13,310.00 kompt This document will be public recx~ Please nm~ove all Social Security Numbers prior to reco, di.9. RECORO & RETURN TO: C~4n & O1Mn, L.L.P. ~4e5 IV, Mn Road, P.O. Box 706 ~,NY 11~35 AKn: Dm~JWm~hinGton O~.en, Esq. 20tO Xov 18 11~04t45 I~ JIJOllX lt. ~ Sm*~LK COtt~Y P 4°3 ~Amt. ~B~slcTm( z. ,'Mdltio~l Tax SubTmat TOT. MTG. TAX., Dual Town -- Dual County Held for App~ntr, w~ Mando~Tm( YES__OrNO C4mlklem~m Amomlt: CI~Tax Due $~. 3zO Corlter DM, RIw~head, NY~m, , Recordini & Endorsement Pat JUUA * M, MAltAW, AS SURIIM N~r The pmmMs he~rein Is situated In TENANT BYTHE ENTIJW'P( SUFFOLK COUNTY~ ~ YORK, TO In the TOWN of SOUTHO~ NORA FLOTTERON Inthe VILLAGE Or HAMt. ET of CUTCHOGUE BOXES 811,IRU 8 MUST B~ TYPED (~ PIHNTED IN BLACK INK ONLY PRIOR TO RECORDIHG OR FILING. DIsl.: 1000 BEING AND Ih'l'l~NDm TO BE ~ ~me pmmim conveyed m M~mm M~law and Julia M. Ul~r i 1136. PUI~ 190, In I~ Suffolk COunly O~k's Ol~g~. IN WITNESS WHEREOF. thc puny of d~ tim I~x kal duly cx~'med this d~,d Ibc day and PRESENCE OF** JuXla II. Hatl~ by Kent Hurphy JUUA M. MATLXW TO NORA FI.OTTERON SW~e of New York, ~mmty af Sulfdk }.ss: acknowk4M~ ,0 me tht ~ cxeeutd ,he same It) hb/hef/ihelf capoeh)T~s), that I~ hls/hu/the/r aiinalum{s) on the Imlrumm'd, tin: IndlHdual(s). or d~ DISTRICT: lOgO SECTEON: 1 i8,00 BLOCK: LOT: COUHI'Y OR TOWN: TAX BI~ING ADDRESS: Chel% Vino ~, FL, 3~g63 k~'tUWE BY MAll, TO. ~v~ W. ~sen, ~. Ob~ & Oben, LLP P.O.~ ~ Cmch~uc, NY J 1935 REa~,~vt 'r~[s SPA~ I~OR USE Ua FIDELITY NATIONAL ~ INSURANCE COMPANY ' Tll'LI NO. 10-7404-79~2-SUff SCltgDULE A-1 (l)~rtp~ton) AMENDED 10/14110 ALL th** c~ain plot, picce or parcel of ~ s~,**,% lying mtd ~ et N~eau Point, or l.,ittk~ Ho~ N~ck, Suffolk County, N.Y., a~d known end desi~t~d es Lot No. 117 on map ~%i~t, *Amended M~p A of Ne~au Point, owned by Nms~ Point Club Prope~ Inc., situate in Town of $outhold, Long Island, N.Y" su~/ed June 28, 1922 by Otto W. Van Tuyl, C.E. & Smveyor, Oreenport, N.Y. s~d filed in the Office of the Count~ Cledt of Suffolk County, N.Y., Ausust 16, 1922, File No. 1~6, which said lot is mo~ pmticuhwly boundM and described as follows: BEGINNING at a point at tho intersection of the westerly ~ of Bnybe~y Pond with the northerly side of Clearwnter RUNNING THENCE southwesterly ulong the northerly side of Clearwater Lnne the following 2 courses and distances. I. SouJh 39 desm~ 30 minutes O0 seconds We~t, $7.09 fe~ 2. Somh 43 degrees 25 minu~ 40 seconds West, 282.07 feet to The LaSoon; RUNNING THENCE no~ alerts The La~oon elong a tie line North 63 de~rees 10 minmes 00 seconds West, 106.:~6 feet;, RUNNING THENCE No~h 43 degreea 45 minutes I 0 seconcb East, 4 ! 7.00 feet to the westerly side of Bayberry Road~ RUNNING THENCE sou~erly along the westerly side of Beybeay Road South 20 desrees 11 mtnutes 30 seconds Fast, 106.98 feet to ~e northerly side of Clearwam' Lane the point or place of' BEOINNING. ?}1~ }~O}dCY ~0 B~ law ~laae real propmy. Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., June 13, 2012 the following recommendation was made: Moved by Audrey Horton, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the Wetland Permit application of NORA FLOTTERON to remove 100' of existing bulkhead and 360 sf. of existing wood decking; construct 100' of new bulkhead and 360 sf. of decking in-place; remove approx. 20 cy. of sediment from immediately in front of bulkhead and place as backfill landward of bulkhead; and repair frame shed (boathouse) foundation as needed. Located: 1480 Bayberry Rd., Cutchogue. SCTM#118-2-13 Inspected by: Audrey Horton The CAC Supports the application with the Condition of a 20' non-turf buffer planted with native vegetation. Vote of Council: Ayes: All Motion Carried James F. King. President Bob Ghosio. Jr.. Vice-President Dave Bergen John Bredemeyer Michael J. Domino P.O~ Box 1179 Southold. NY 11971 Telephone(631 765-1892 Fax (631)765-6641 Southold Town Board of Trustees Field Inspection/VVorksession Report Date/Time: NORA FLOTTERON requests a Wetland Permit to remove 100' of existing bulkhead and 360 sf. of existing wood decking; construct 100' of new bulkhead and 360 sf. of decking in-place; remove approx. 20 cy. of sediment from immediately in front of bulkhead and place as backfill landward of bulkhead; and repair frame shed (boathouse) foundation as needed. Located: 1480 Bayberry Rd., Cutchogue. SCTM#118-2-13 ,T,~pe of area to be impacted: (~Saltwater Wetland Freshwater Wetland __Sound ~ Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: __Chapt.275 Chapt. 111 other Type of Application: ~/'Wetland __Coastal Erosion ~Amend ment __Administrative__Emergency Pre-Submission Violation Info needed: Conditions: Present Were: ~ King .--~. Ghosio '-"D. Bergen, r--- j. Bredemeyer -~ichael Domino D. Dzenkowski Form filled out in the field by Mailed/Faxed to: Date: other N COUNTY OF SUFFOLK 118 COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETTIES · BULKHEADING · STEEL & WOOD PILING · FLOATS 423 FIFTH STREET · RO. BOX 2124 · GREENPORT, NEW YORK 11944 · (631) 477-1199/477-1393/477-0682 · FAX (631) 477-0005 August 17, 2012 AUG 2 1 2012 Southhold Town Board of Trustees Southold Town Trustees PO Box 1179 Southold, NY 11971 RE: Flotteron Property- 1480 Bayberry Road, Cutchogue SCTM #1000-118-2-113 Dear Trustees: It is our intention at this time to only pursue the replacement of the existing bulkhead and decking, and repair the frame shed (boathouse) foundation as needed. Enclosed you will find three copies of revised plans showing the removal and reconstruction of 100' of existing bulkhead and 360 square feet of existing wood decking. We have temporarily removed the originally proposed dredging from our plans. If you have any questions or concerns regarding this project, please do not hesitate to contact me. Sincerely, enclosures OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: MEMORANDUM Jim King, President Town of Southold Board of Trustees dUN 1 9 2012 Soothhold Town Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: June 19, 2012 Re: Proposed Wetland Permit for NORA FLOTTERON SCTM# 1000-118-2-13 Costello Marine Contracting Corp. on behalf of NORA FLOTTERON requests a Wetland Permit to remove 100' of existing bulkhead and 360 sr. of existing wood decking; construct 100' of new bulkhead and 360 sf. of decking in-place; remove approx. 20 cy. of sediment from immediately in front of bulkhead and place as backfill landward of bulkhead; and repair frame shed (boathouse)foundation as needed. Located: 1480 Bayberry Rd., Cutchogue. SCTM#118-2-13 The proposed action has been reviewed to Chapter 268, 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, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided the following best management practice is required pursuant to: § 275-11. Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate proiect area. Further, if the action is approved to further Policy 5: Protect and Improve Water Quality in the Town of Southold and Policy 6; Protect and Restore the Quality and Function of the Town of Southold Ecosystem it is recommended that a landscaped buffer (width undetermined) be required landward from the bulkhead/wooden deck. LANDSCAPED BUFFER -- A land area of a certain length and width which is planted with indigenous, drought-tolerant vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four- foot-wide access path constructed of pervious material for access to the water body. [Added 12-15-2009 by L.L. No. 15-2009] Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Office Use Only Coastal Erosion Permit Application ~Wetland Permit Application Administrative Permit R AmendmentYTransf~r/Extension ece~ved Application ~Received Fee:$ '~x'~ '- ~--~Completed Applica-ti~n ~,_~, ~! [ ~ __Incomplete SEQRA Classification: Type I Type Il Unlisted Coordination:(date sent) AcRP Consistency Assessment Form ~} Referral Sent: ~ ~ { { {,o~ ~--O'a'teoflnspection: ~i i Receipt of CAC Report: t - ,' ~ __Lead Agency Determination: T....eghnical Review: --.,~ublic Hearing Held: ~ ! ~2P."3.[ Resolution: 2~2 Name of Applicant NORA FLOTTERON Address PO BOX 533, CUTCHOGUE, NY 11935 Phone Number:( ) 631.734.8533 Suffolk County Tax Map Number: 1000 - 118-:~-13 Property Location: 1480 BAYBERRY ROAD, CUTCHOGUE (provide LILCO Pq]~ #, distance to cross streets, and location) AGENT: COSTE[~} MARINE CONTRACTING CORP. (If applicable) ~ ~ Address: PO BOX ~1:~4, GREENPORT, NY 11944 Phone: 631.477.1199 GENERAL DATA Land Area (in square feet): 37,961 SQUARE FEET Area Zoning: R-40 RESIDENTIAL LOW DENSITY AA Previous use of property: SINGLE FAMILY RESIDENCE Intended use of property: SAME Covenants and Restrictions: Yes X No lf"Yes', please provide copy. Does this project require a variance from the Zoning Board of Appeals I f"Yes", please provide copy of decision. Prior permits/approvals for site improvements: Agency Date Yes X No __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Remove 100' of existing bulkhead and 360sqft of existing wood decking. Construct 100' of new bulkhead and 360sqft of decking in-place. Remove approximately 20cyds of sediment from immediately in front of bulkhead and place as backfill landward of bulkhead. Repair frame shed (boathouse) foundation as needed. WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To reconstruct existing failing structures Area of wetlands on lot: 0 square feet Percent coverage of lot: 0 % 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 X Yes If yes, how much material will be excavated? 10 cubic yards How much material will be filled? ?.0 cubic yards Depth of which material will be removed or deposited: § feet Proposed slope throughout the area of operations: 0 Manner in which material will be removed or deposited: A snmll excavator will be used. 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): Our project will have minimal effect on the tidal wetlands or waters. AH Best Management Practices will be adhered to during construction to prevent any unnecessary negative effects during construction. County of Suffolk State of New York Jane P. Costello for Costello Marine Contracting Corp. BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO 1NSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS Signature DAY OF ~'Y~O.L/ ,20 t ~ COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETTIES · BULKHEADING · STEEL & WOOD PILING - FLOATS 423 FIFTH STREET · RO. BOX 2124 · GREENPORT, NEW YORK 11944 · (631/ 477-1199/477-1393/477-0682 · FA.x. ¢~:;'3: ; ',..;.,, AUTI~ORIZATION FORM ownerof /~D ~"~l~/~tO. (Bu~iness/Prope~y Name) do hereby give Costello Marine Contracting Corp. the authority to act as agent in my behalf in applying for all the necessary permits for work to be completed at my above referenced property. Signature 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be comp!e~-erI by Applicant or Project Sponsor) ~2. PROJECT NAME I.NoRAAPPLICANT/SPONSORFLoTTERON ] BULKHEAD RECONSTRUCTION 3. PROJECT LOCATION: SUFFOLK Municipality CUTCHOGUE, SOUTHOLD TOWNSHIP County 4. PRECISE LOCATION (Street address and mad intersections, prominent landmarks, etc., or provide map) 1480 BAYBERRY ROAD, CUTCHOGUE, NY 11935 SCTM #1000-118-2-13 LAT/LONG: N:40.995/w:72.441 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Remove 100' of existing bulkhead and 360 square feet of existing wood decking. Construct 100' of new bulkhead and 360 square feet of new wood decking in-place. Remove approximately 20 cubic yards of sediment from immediately in front of bulkhead and place as backfill landward of bulkhead. Repaff framed shed (boathouse) foundation as needed. 7. AMOUNT OF LAND AFFECTED: Initially 0.0t acres Ultimately 0.0] acres 8. WtLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] NO If NO, describe brielty ,s PRESE.T USE ,. OF PRO ECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: PRIVATE RESIDENTIAL WATERFRONT 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] NO If Yes, list agency(s) name and permit/approvals: Yes ARMY CORPS OF ENGINEERS, NYSDOS, NYSDEC, TOWN OF SOUTHOLD 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes [~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor .~]/m]e: N~P~LOATTERON, OWNER Date: If the action is in the Coastal Area, and you are a sta.t.e agency, complete the / Coastal Assessment Form before proceeding with this assessment , OVER Reset PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD iN 6 NYCRR, PART 617.4? if yes, coordinate the review process and use the FULL F_.AF. r-I Y., r--INo B. W1LLA~Ti~NRECEivE~~~RD~NATE~REV~EWASPR~~~DEDF~RUNL~~~EDAC~~~NS~N6NYcRR~PART617~6? IfNo, anagative declaration may be supemeded by another involved agency. r-lY. r'l,o C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ~IATED VvlTH THE FOLLOVVlNG: (Answers may be ha~n, if legible) C1. Existing air quality, surface or groundwater quality or quant, noise levels, ex~sfing ~affic pattern, solk~ waste production or disposal, potential for erosion, drainage or flooding problems? Explain bdefly: C2. Aesthetic, agdcufiural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain bdelly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain bdefiy: C4. A community's e~sting plans or goats as officially adopted, or a change in use or intensity of use of land or othe~ natural resources? Explain bdefiy: C5. Growth, subsequent development, or related adfivities likely to be induced by the proposed ac~on? Explain bdefly: C6. Long term, short term, cumula~ve, or other effects not identified in C1-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain bdefly: E. IS THERE, OR S THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS~ [] Yes [] No If Yes, explain briefly: PART III - Dc ~I=RI~NATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identif~cl above, determine whether it is substantial, large, important or othenvise significant. Each effec~ should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) imsversibillty; (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 adveme 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 ttte proposed action on the environmental cha~ of the CEA. ] ~heckthisb~x~fy~uheveldeofi~edoue~rmorep~en~a~y~ar~e~rsigni~centadverseimpactawhichMAY~ccur~ ThenproceeddirecflytotheFU!J EAF and/or prepare a positive declaration. F"] Check thla bex if you have determined, besed on ~e informatlen and analysis above and any supporting documentation, that the pr0posed aclJon WiU NOT result in any significant adverse environmental impacts AND provide, on attachments es necessary, the masons supporting this detsrminatto~ Name of Lead Agency Date Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from responaible officer) PART II - IMPACT ASSESSMENT (To be completed by Lead A~lenc¥) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF, [~Yes r~No WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency, 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 bdefiy: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighbe~hood character? Explain bdefly: I C3. Vegetation or fauna, fish, she fish or w~ d ~fe species, s~gn~flcant habitats, or hrea ened or endangered species. Exp a n br efly I C4. A community's existing plans or goals as officially adopted, or a change in use or ntens ty of use of land or other natura resources? Exp an briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: I C6. Long term, short term, cumulative~ or other effects not identified in C1 -C5, Explain briefly: I C7. ither impacts lincludin~l chanties in use of either clu;niit~, e; i),p; o~ ;n;;~,? Explain briefly': D. WiLL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA/? /If yesl explain bric fi},: I-1[71NoI .... E. IS THERE, OR IS THERE LIKELY TO BE~ CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: [~Yes ['~.0I PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectidenti~iedab~ve,determinewhetheritissubstantia~~~arge~imp~rtant~r~therwisesigni~icant* 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 FULl EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actior WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thti determination, Board of Trustees Name of Lead Agency Print or Type Name of Responsible Of~cer in Lead Agency ~gnature of Responsible Officer ~ead Agency Date President [] Title of Responsible Officer Signature of Preparer (If different from responsible officer) Flotteron PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Joyce Sampiere Joseph & Nora Flotteron Jennifer Burreli & Jonathan Perry Danielle & Frank Dipiilo Address: 1380 Bayberry Road, Cutchogue, NY 11935 P.O. Box 533, Cutchogue, NY 11935 435 E. 57th Street, Apt. 14B, New York, NY 10022 12 Roberts Road, Warren, NJ 07059 STATE OF NEW YORK COUNTY OF SUFFOLK PO Box 2124, GreenporL NY 11944 11 day of June , residing at Costello Marine Contracting Corp. , being duly sworn, deposes and says that on the ,20 IZ , 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 , that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Sworn to before me this ]c~ Day of,-~Lt,~L ,20 ) > Notary Public LAUREN M. STANDISH Notary Public State of New York No 0iST6164008 ,-, (,',ualif:~d, in Suffolk County ~ rtl USE postage 06/11/2012 Jennifer Burrell & Jonathan~e~ 435 E. 57~ Street, Apt. I~B New York, NY 10022 1::3 Certified Fee Return R~el~ Fee (Endorsement R~uked) (Endomemem Required) _ __ Joseph & Nora Flotteron P.O. Box 533 Cutchogue, NY 11935 I 0f¢11/2012 James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (63 I) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of NORA FLOTTERON =~ 0 2012 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING being duly swom~ depose a~d sdy: That on the day of . _ ,201, I personally posted the property known as by placing the B6ard o~Tru~tees 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 Wed.: June 20: 2012. Dated: Sworn to before me this ] C~day IxlB~ar~ Public - - LAUREN M. STANDISH Note~J Public, State o~ Now YofR No. 01ST6164008 Qualified ~.,ffo~I,, Co~JotV ~ Nora Flotteron 6/13/12 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: NORA FLOTTERON YOU ARE HEREBY GIVEN NOTICE: SCTM# 1000-118-2-13 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees tO: 1 ' Remove 100' of ex sting bu khead and 360 square feet of existing wood decking. Construct 00 of new bulkhead and 360 square feet of new wood decking in-place. Remove approximately 20 cubic yards of sediment from immediately in front of bulkhead and place as backfill landward of bulkhead. Repair frame shed (boathouse) foundation as needed. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 1480 BAYBERRY ROAD, CUTCHOGUE, NY 11935 That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: June :~0, 2012 at §pm . You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: Nora Flotteron MAILING ADDRESS: PO Box ~i33 Cutchogue, NY 11935 PHONE #: Enc: Copy of sketch or plan showing proposal for your convenience. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 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). 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 and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION 118 2 13 SCTM# The Application has been submitted to (check appropriate response): Town Board ~-] Planning Dept. ['~ BUilding Dept. ~ Board of Trustees 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: Nature and extent of action: emove 100 o£ extsting bulldtead and 36O square feet o£ existing wood decking. Construct l OO' o£new hullthead and 360 square feet o£new wood deck in-place. Remove approximately 20 cubic yanis of sediment from immediately in front oF bulkhead and place as backfill landward ofbulld~ead. Repair shed (boathouse) foundagon as need~. Location of action: 1480 BAYBERRY ROAD, CUTCHOGUE Site acreage: 0.87 ACRES Present land use: SINGLE FAMILY RESIDENCE Present zoning classification: R-40 RESIDENTIAL LOW DENSITY AA 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: NORA FLOTTERON (b) Mailing address: PO BOX 533, CUTCHOGUE, NY 11935 (c) Telephone number: Area Code ( ) 631.734.8533 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes--1~/[ No ~] If yes, which state or federal agency? NYSDEC, NYSDOS, ACOE 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 HI - Policies; Page 2 for evaluation criteria. ~']Yes [-"] No ["-] Not Applicable Our proposal is an attempt o£ the upland property owners to maintain their property. The existing bulkhead is old and it is evident that It is being undermined. Our proposal is in-kind, in-place construction. No new structures are being proposed. Our proposal will not have an), effect on the communi(y character or preservation of open space. 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 ~] Yes [--] No [] Not Applicable This property has no significant historic resources. At~ach additional sheets if necessary Policy 3. Enhance visual qnality and protect scenic resources throughout the Town of Southold. See LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria [~ Yes [~] No ~-] Not Applicable Our proposal is an attempt to maintain the properO~ and to enhance the functionali(y o£ the properly. The visual quMity will be enhanced with the new structure. Scenic resources will not be disturbed due to our proposal. 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 ~'~ Yes ~ No ~ Not Applicable Our proposal will not have any influence on the loss of life, structures and natural resources from flooding and erosion. We are replacing existing structures. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria The proposal will not have any impact on the water quali(y or supply of the Town of Southold. 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[~ Not Applicable This proposal will not have any impact on the Town of Southold's ecosystem. Ail construction debris will be contained and all Best Management guidelines will be adhered to. Attach additional sheets if necessary Policy 7. Protect and improve air qnality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~--] Yes ~'-]No~-] Not Applicable This proposzl will not have ~my impact on the ~r quMl(y o£the Town of Southold. 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 IH - Policies; Pages 34 through 38 for evaluation criteria. [--']Yes [~ No [~ Not Applicable This proposal will not degrade the environment with solid waste or h~mrdous substm~ces. 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 Southoid. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ Ye~ No~] Not Applicable Our proposal will not limit the public's ability to access coastal waters, public lands or public resources of the Town o£Southold. The proposed bulkhead is in-place o£the existing bulkhead. Public access will not be reduced. 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 HI - Policies; Pages 47 through 56 for evaluation criteria. [~Yes ~'~ No ['-] Not Applicable Our proposal is to reconstruct an eagsting bulkhead and deck area. The ex~th~ bulkhead is £Mllng and is in need o£attention. The property owner would like to maintain the integriO, o£the properly and ensure the property is properly protected. This property Is genera~ used to engage in water-dependent activities such as fishing and swimming by the properly owner's family. These activities ~ continue at the site once construction is complete. Attach additional sh~ if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. The proposed construction of the new bulkhead in-place of the existing dill have no significant effects on the living marine resources. Attach additional sheets if necessary Policy 12. Protect agricultural la~ds in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~ Yes ~'] No~'] Not Applicable This proposal vrtll have no Impact on the agricultural lands in the Town ol'Southold. At*ach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~'~ Yes ~ No ~-] Not Applicable This proposal has no Influence on the development oF enersy or mlneral resources. Created on 5/25/05 11:20 AM OCT ~ :3 20]2 - St'[!~ho]d TOWR °, APPIL~ED BY BOARD OF I~RUSIEE$ TOWN OF SOUTHOLD ,/ 118 BLO0(: 2 LOT(S): 13 N 43°45'10" E h, ~ sr~ IO. 0' S 43'25'40" ~ CLEARWATER MON FO 25'E LOT 1 1 8 NOTE: SURVEY BASED ON PREVIOUS SURVEY BY VAN TUYL I STY. FRAME 36.2' 417.00' DEED LOT 1 1 7 203. 3' S 39~0'00" W (TOTAL DISTANCE MAP 340') 283.07' (MAP 420) YON FO SUPPLI~, WELLS. DRY¥t~LLS AND CESSPOOl LOCATIONS SHOF4V ARE FROM FIELD Ot~SERVATIONS AND Q~ DATA 08TAIN£D FROM OTHERS~ AREA: 37,961 S.F. OR 0.87 (AREA USING TIE LINES) ZL~V,~nON oA..~: ..... M,4P Nor 8~RING THE LANO SURVE~3RS EY_80S_S~O___~_?__'. .......... ~ mr.~alF ~"' ~u=- . ANY. GOVERNMENTAL Ai~DVCY AND LENDING INSTITU710N ANo/o~ SUISURZ,~ smucwe£s R£COF~O£O O~ UNR~COeOE~ JOSEPH FLOTTERON III; CERTIFIEO TO: NORA FLOTTERON; FIDELITY NATIONAL TITLE INSURANCE CO.; SUR~I~Y OF: {..OT 1 1 7 NAS.~U B (AMENOEO Iv6~P A) ~AP OF: SE~ION POINT CLUB PROPERTIESJNC FILED: ~753: ~TU^T£D AT: NASSAU POINT TOWN O~: SCUTHOLD SUFFOLK (;OUNTY, NEW YORK FILE # 10--g8 SCALE: 1'=30' OATE: SEPT. 28. 2010 KENNETH M. WoYCHUK l~S. I~nd Surveyin~ and Design P.O. Box 3, M&ttituck, New York 11952 pHON~ (~31) 2~-15B~ F~X (~.31) 29~-158~ malntalnln{[ the records o( Rob~t ~. Hennea*y