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HomeMy WebLinkAboutTR-7967EJames F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredenncyer Michael J. Domino Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1st day of construction '~ constructed Project complete, compliance inspection. ~q~ ~q~,/ ~- INSPECTED BY: COMMENTS: CERTIFICATE OF COMPLIANCE: ~"~...r SOUTH:OLD TRUSTEES Issued To AddreSs ~L~ r, , S~T~ I 1~-5-~~.~,~.~ THIS' NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK GERARD SCHULTHEIS and CAROLYN SCHULTHEIS, - against - Plaintiffs/Petitioners, ESTATE OF LAWRENCE M. TUTHILL, LAWRENCE M. TUTHILL, JR. and THE BOARD OF TRUSTEES OF THE TOWN OF SOUTHOLD, Defendants/Respondents. Index No.: 12-35172 STIPULATION OF SE'I-I'LEMENT It is hereby stipulated and agreed by and between the undersigned parties as follows: 1. This action/proceeding is hereby settled upon the terms and conditions set forth herein. 2. Defendant Estate of Lawrence Tuthill hereby consents to the issuance of a Southold Town Trustees permit to plaintiffs as applied for with respect to repairing the easement over Defendant Tuthill's property, "Permit", and shall execute any additional documentation evidencing such consent as may be required by the Defendant Trustees. 3. Plaintiffs prior to cormnencing work under the Permit shall provide evidence of liability insurance naming defendant Estate of Lawrence Tuthill as an additional in. sure& 4. The persons or entities performing the work under the Permit shall have all required licenses, if any. JAN-OT-E:81~ I~:L~B From:Ll~W OFFICE 8315748566 To:~l 298 8~ P.1/1 $. Upon issuauco of the Pcrmit this act. lo.pt oceeding shall be dismissed by stipulation executed by the pa~es' counsel. Such dismissal shall be without costs and without prejudice to the ability o£ plaintiffs i~ connection with any subsequent application to dcfeudm~t Trustees or thc Department of Enviromncntal Conservation to challenge the absence of consent by defendant Estate o£La~wrenco Tuthfll (or its successors) or to challe~ge the validity of Southotd Tovai Codo Article 275 requiring such consent. Dated: January q , 2013 Mattituck, New York ~'~arolyn Schultheis .F. STATE OF LAWRENCE M. TUTH]LL THE BOARD OF TRUSTEES OF TIlE TOWN OF SOUTHOLD By: F. Jlffclt~cl~ttllltei~l~tip...Veltl~_2012 TOWN OF SOUTHOLD IOOO-P7-7- Z~ SCHOOL ' 5o" HOUSE N 04' 45' 10' J4. 86 N 25' 33' 2o' ~' 15.20 I STORY RESIDENCE W/ RAIUNG ~ N/F..TUTH/LL 77W BLUES TONE ORIVEWAY AVG. EL. =7.5 GUARANFE£D TO c~ N ~3' 49' GERARD H. SCHUL THEIS CAROL YN M. SCHUL THEIS N /V N/F SCHU£THEIS 19 NOVOI ~DD FIRM DAT,4 CREEK 191.19' 4 SbRVEY OF DESCRIBED PROPERTY SITUATE NEW SUFFOLK, TOWN OF SOUTHOLD SUFFOLK COUNTY. N.Y. SURVEYED FOR: GERARD H. SCHUL THDS CAROL YN M. SCHUL THEIS SURVEYED 09 OCTOBER, 2001 SCALE 1"=JO' AREA- 12,017 SF OR 0.2?6 ACRES THIS PARCEL IS FOUND ENTIRELY IN P'IOOD ZONE ~E -8 (~L. 8) SOURCe: F~ M~P NO. ~E/03 C O~OIG IS ~. ~0 ~ HIS ~ ~ ~ ~ ~ NOT ~ ~ ELEVA DONS SHOI~,N HEREON ARE IN 1929 NGVD. SOURCE BENCH No. 8 195J EL. 5.69 SURVEYED BY STANLEY J. ISAKSEN, JR. P.O. BOX 294 AD~ONAL ~$~$ 0~ .~J~S~U~NT 01~!~9.~ NEE SUFFOLK, NY. 11956 A/~F~N$EDTG/AN$ -SUf~)~YOR / ~;,' ,~,~,'~ I/ '"'f"~"' ' (/01R107J Page 1 of 1 Hulse, Lori From: Eileen Powers [eapowers~optonline.net] Sent: Monday, November 05. 2012 12:06 PM To: Hulse, Lori Subject: Schulteis emergency permit application Dear Ms. Hulse: NOV - 5 20]2 As you are aware, I am the attorney for the Estate of Lawrence M. Tuthill Jr., the owner of the right of way to the $chulteis property. Please be advised, at this time, my client does not consent to Mr. $chulteis' application for an emergency permit. Mr. $chuiteis made the application wlthout out so much as a telephone call to me or my client. It is the Tuthill's property and as such, by law and the Trustees own rules, their consent is needed for such a permit. Town and County records are clear that the right of way in question is wholly owned by the Estate of Lawrence Tuthill. As the Town Trustees are a party, they are no doubt aware of the ongoing litigation between Mr. $chulteis and the Tuthtll Family. The title reports submitted by both individual parties in connection with that litigation agree that ownership of the right of way rests with the Estate. Thus any suggestion by the Town (and certainly Mr. $chulteis) that title to the road is in question is either ill-informed or simply disingenuous. In any event, knowledge of the facts already determined in the lawsuit will be imposed on the Trustees as they are a party. A simple telephone call to the attorney for the Trustees in the lawsuit should clear up the ownership issue. That said, my clients are aware of the condition of their property as a result of the storm and are meeting with counsel for Mr. Schulteis this week to attempt to reach an agreement regarding the road. In the interim, and to be clear, any effort by anyone to interfere with my client's property without their consent wilt meet with immediate legal action. If you have any questions, please feel free to contact me dtrectly at 516-695-7660. Very truly yours, Eileen A. Powers Eileen A. Powers, Esq. 456 C,-ri/~g Avenue Riverhead, New York 11901 (631) 727-8250 (63 l) 574-8666 (fax) 11/5/2012 Page 1 of 1 Nunemaker, Amanda From: Jerry & Call $chu~theis [schu127@optonfine.net] Sent: Wednesday, November 07, 2012 11:44 AM To: Nunemaker, Amanda Subject: RE: Private Road Thanks for the update-Isort of gathered what was going on From: Nunemaker, Amanda [mailto:Amanda. Nunemaker@town.southold.ny.us] Sent: Wednesday, November 07, 2012 8:59 AM To: sch u 127@optonline.net Subject: Private Road Hi Jerry, I apologize but we are still without phones here at the Annex but I wanted to get in touch with you regarding the damage to the right of way. In order for the Trustees to issue the emergency permit to you, consent from the Estate of Lawrence Tuthill, Jr. is needed. Our Town Attorney, Lori Hulse, has contacted the attorney of the Estate, Eileen A. Powers, and was told that at the current time her client does not consent for you to apply for this permit since no communication was made to the Estate or Ms. Powers regarding the application. Ms. Powers stated that her clients are aware of the condition of the road from the storm and are meeting with counsel for you this week to try to reach an agreement. She also noted that if there are any efforts were made by anyone that interferes with the Estate's property without consent will face immediate legal action. That is the latest information I have for you Jerry at this time. Thank you. /20/2012 James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD Town Hail Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 HURRICANE SANDY EMEGENCY APPLICATION Valid thru June 1, 2013 Property Owner Name: Permanent Mailing Address: PO Phone Number(s): Property Add ress: Suffolk County Tax Map Number: 1000- Il-l- ,q"'- 4.6.3 ~ ~.4- f 4¥ /~,gent (if applicable) Address: Phone Number(s): Board of Trustee Permit Number(s): Em*r~ {/ Will any part of this project require a Building Permit? How much fill will be required? ~,o~eotgesc,ip.on: ~¢~;r ~OM Boa of Trustees Application County of Suffolk State of New York ~e Cr~ ~, ~-~ t.~ J'~-~h BEING DULY SWORN DE-POSES ANI~ ,~FFI~MS 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 INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. ~atu~e' ~er SWORN TO BEFORE ME THIS ~-- DAYOF ~U ~Y' 20 I N/;9 Public ICHELLE DISTASIO Rotary Public, State of New York No. 4994753 Qualified in Suffolk County %'~mmis$~on Expires May 22, 20~...t7 November2,2012 Gerard H & Carolyn M Schultheis PO Box 299, 1640 First Street New Suffolk, NY 11956 631-734-7265 Schu 127~,optonline.net Southold Town Board of Trustees Southold Town Hall Main Rood Southold, NY 11971 To Whom It May Concem: I have attached a Hurricane Sandy Emergency Application for repairs so I may access my home. The access private road was washed away by the storm and is now impassable. The damage is similar to that inflicted by the Perfect Storm of December 1991 for which I had procured emergency permits to repair. At present the home is inaccessible by vehicles over the ROW, emergency vehicles, and service vehicles and is so littered with debds, rocks and holes that it cannot be t~aversed at night and daylight savings time expires this weekend. I have included necessary information regarding the previous history. I am very distressed with the procedures established to obtain an emergency parmA. When I want to the Trustees office on Thursday, November 1, I was told that the emergency permit I received January 13, 1992 to repair the damage fTom the Perfect Storm was not considered a previously permitted item from 1991 forward. I also have an amended permit dated July 31, 1997 which was not in my file in the town stating" RESOLVED, that the Southold Board of Trustee's approve the request for an Amendment to an Emergency Storm Damage Permit to repair and stabilize access road, bank, and property with madne Mattresses, stone and plantings as recommended and amended plans of DEC on 6120197." When is a permit not a permit? It appears that the procedures established for the emergency permits are capricious and arbitrary. There is no recognition of any permits granted through due process before 1991. While I was at the Trustees I inquired what my 90 year old neighbor across the creek from me had to do fo replace portions of his bulkhead which ware washed away potentially causing his cesspools to disappear in a future storm. I was informed that even though he possessed a valid Trustee Permit dated 1984 he would have to apply for an entire new permit. Again I have to ask when is a permit a permit The reason given for this procedure that the older permits do not require all the information the new permits require should not invalidate an existing legitimate permit. While I was in the office a woman came in whose bulkhead was destroyed. Her permit was from the 1950's and she was told to submit a new permit application. Sincerely, Gerard H Schultheis 11/2/12 Cc: Southold Town Board DISTRICT 1000 SECTION 117.00 BLOCK 05.00 LOT 046.0O3 CONSULT YOUl LAWYER BlU~ SlgllIa t'HIS .KTmJMBfl'--THIS IiIS~ mOULD IE USED BY LAWYBIIS ONLy. 10333 44o,'6 ~ ll~O~l~ made the 20th !~ay of May , ~neteen hundred and eighty-seven ~ LEON R. KREMENTZ and PAULINE ICREMENTZ, his wife, both residing at (no #) School House Creek, New Suffolk, NY 11956, GERARD H~ SCHULTt~iS and CAROLYN M. 5CHULTflBIS, his wife, both residing at 15 Sound Bay Road, Lloyd Harbor, NY 11943, party o~ the second part, ~iel, that the party of the first part, in consideration of TEN and OOflO0 ................. ($10.00) .............................................................. -dollars, ~nwful money of the United States, and other good and valuable consideration p~d by the party of the second .part, does hereby grant and release unto the ,party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings mid improvements thereon erected, situate, lying and b~ng~ at New Suffolk in the Town of $outhold, County of Suffolk and State of New York, mOre particularly bounded and described ON SC~nULE A ATTACHED HERETO. land North 6° 10~ 50" East .0 feet to a bulkhead THENCE along.~d lan~ Creek,~[tunning at School House THENCE along said bulkhead the followin$ 3 courSeS; 1) ltorth 25e 10" 33~ 20" East 15.2~0,?et; thence 2) North 4' &5~ West 34.86 feet; thence 3) North 87° 37' East 190.32 feet to ordinary high water mark of Cutchogue Iiarbor; THENCE along said high water mark southerly about 35 feet to a point which is South 7"' 52~ &0" West 34.29 feet from the last described point; THENCE along said land of Thomas Uhl the following 2 courses: 1) North 83° 49' 10" West 100.00 feet; thence 2) South 6° 52* 10" West 101.?& feet to the point of BEGII~ING. TOGETHER with a right of way over said travelled road iron Orchard Street northerly to the above described premises, said right of way being described as follows: BEGINNING at a point for~ed by the intersection of the northerly line of Orchard Street with the extension northerly of the easterly line of First Street; and running thence in a westerly direction along the northerly line of Orchard Street 29 feet to the southeasterly corner of land nov or fot-merl~o,O,f Ltndstron; running thence along said land of Llndstrom North 6° 52' East 100 feet to land designated as Parcel 1 in a deed from Iiarry Ii. Tuthill to Lawrence Il. Tuthlll, J. l~therine Tuthtll and MarJorte Il. Tuthill recorded in Ltber 6553 of Deeds at Page 149; running thence along land lest nentioaed t~o courses as follows: 1) North 6' 52~ 10" Wear 73.28 feet to the northeasterly corner thereof; 2) North 83° 49~ 10" l~eat SSoIO feet to the northwesterly corner thereof and other lands of the said Hat.fy lt. Tuthill; running thence along lands last mentioned North 6' 10~ 50" East 25.00 feet to the prenises herein conveyed; thence elong lends last menti°ned South 83' 49~ 10" East 84.19 feet to lands no~ or formerly of Ii. P. Wickhan and others; thence along lands last mentioned South 6' 52~ 10" l~est 198.26 feet to the point or place of BEGLI6ilNG. TOGETHER with the right, easement and right of way to use, maintein · r remove an exintin$ pipe line end well point, upon the land formerly repair o - - * f~r ~he ~urpose of provtdin$ domestic water of Harry Ii. Tuthill, decesse~, ...... __ __ to the prenises herein cony. eyed. BEING AND II, TENDED TO BE the same premises conveyed to the party of the first part by deed dated 12/29/77, recorded 1/5/78 in Liber 8370, page 386 · TOGEI~R with all of the right, title and interest o£ the pa~t£es of the £Lrst part, Lf any, of, in and to the ~a~ers and lands ~der the waters of Cutchogue Barbor adjacent to the herein conveyed pr~nises. IO~ER with all of the right, title ~nd interest o[ the par~ies of the [Lrst part, i£ any, in and ~o the waters and lands under the waters of School House Creek adecen~ to the herein conveyed pr~nises, to the center line thereo£. DOCKAGE LARRY TUTHI LL SCHOOLHOUSE CREEK NEW SUFFOLK. NEW YORK 11956 TEL. (516) 477-1652 December 24, [992 To whom it may concern: I hereby give permission to Gerald Schultheis /~~ to apply for permits and to construct a bulkhead on the east side of my property at the extension of First Street, New. Suffolk. This i-s the same property to which ~Gerald Suhultheis has a right-pf-way. Further, I grant permission to replace fil~ost in the right-of-way during the storm of December 11, 12, 1992 arty Tuthill BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD P.O. BOX 1179, 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 Consultant Project Name Date The Southold Town Truste~ffice has determined that your application for a so~/wetland p~rmit, is ~a-jurisdictional/~~please consiaer information in this regard for any required return submission: Trustee R~presen[(~tive / cc: Z~n~rmy-~oarG o-f--Appeal s ~,a*~ ~-~,-~ ~ rv Council This notice makes no claim with respect to other jurisdictions within or outside the Town of Southold with respect to permits, permission required. 4/92 Albert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Gan-ell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hail 53095 Main Road P.O. Box 1179 Southotd, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 · T tly 31, 1997 Gerard H. Schultheis 1640 First Street P.O. Box 299 New Suffolk NY 11956 RE: SCTM #117-5-46.6 Dear Mr. Schultheis, The following action was taken at the $outhold Town Board of Trustees Regular Meeting on July 30, 1997: RESOLVED, that the Southold Town Board of Trustees approve the request for an Amendment to an Emergency Storm Damage Permit to repair and stabilize access road, bank, and property with marine mattresses, stone and plantings as recom~nended and amended plans of DEC on 6/20/97. This approval does not constitute approvals from any other agency. If you have any questions, please feel free to contact our office at 765-1892. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK/djh BE'I~J~A~ HARRY H. TUTH[LL, also known as IIARRINGTON H. TUTHILL, residing at 843 Main Street, Greenport, New York; MARJORIE H. TUTHILL~ residing at 843 Main Street, Greenport, New York; ~~ , party of the first part, and LAWRENCE M. TUTHILL, residing at 1215 Inlet Lane, Greenport, New York, that tile p~r~y of the first part, in consideration of TEN AND NO/100 ......... 2- ($10.00) ........................................................ dollars, lawful money of Ihe United Stales. and other good and valuable consideration paid hy the party of the second part. d(:cs hereby grant and release unto the party of the second part. the heirs or AL~ that cerlaln plot. piece or parcel of land. with tile buildings a~d improvements thereon erected, situate. lying and being il~'~O~c at New Sv/folk, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly line of Orchard Street which point is formed by the intersection of said northerly line of Orchard Street with the extension uortherly of the center line of Fourth Street and running thence in a northerly direction along lands now or formerly of Sacomano and others, a distance of 275 feet. more or less. to School House Creek; running thence in an easterly direction along School House Creek, 700 feet, more or less, to land conveyed to Marjorie H. TuthilL one of the parties of the first part herein; running thence along land last mentioned two courses as follows: (1) South 6 degrees 10 minutes 50 seconds West, 30 feet to the northerly line of a travelled road; thence (2) Along said northerly llne South 83 degrees 49 minutes l0 seconds Eaet, 84.39 feet to land now or formerly of H. P, Winkham and others; running thence along land last mentioned (being along the easterly line of said travelled road) South 6 degrees 52 minutes 10 seconds West. 198.26 feet to the northerly line of Orchard Street; running thence in a westerly direction along Orchard Street a distance of 29 feet to land now or formerly of Lindstrom; thence along land last mentioned North $ degrees 52 minutes 10 seconds West, lC feet to the northeasterly corner thereof; running thence in a general westerly direction along the northerly line of said lands of Lindstrom 120 feet, more or less, to land now or formerly of Smolenaki; running thence along the of land last mentioned, 30 feet, more or less, to the northeasterly ~'~ning'{~fi~ i~directinn along the northerly boundary lines of said land of Smoleaski andl~-ds now or formerly of Sadowski, Wamley, Delaney and Goodale a distance of 380 feet. more or less, to running thence along land last mentioned in a northerlyo westorly and southerly direction a distance of 370 feet, more or less, to the northerly line of Orchard St~eni; running thence along said northerly line of Orchard Street in a westerly direction a distance of 25 feet, more or less. to the point or place of beginning. TOGETHER with aH of the right, title and interest of the pmrtlea mf the first tort, if any, of, in and to the waters and lands under the waters o~ ~hool House Creek adjacent to said premises to ~he center l~ne [hereof. SUBJECT to covenants, restrictions, easements and agreements of record. RESERVING~ HOWEVER, unto Harry H. Tuthill, one of the parties of the first part herein, a life estate in and to that portion of the above described premises as is presently owned by the said Harry H. Tn[bill.