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Home My WebLink AboutTR-4222 Glenn Goldsmith,President �QF sorry Town Hall Annex Michael J.Domino,Vice-President ,`O� Ol0 54375 Route 25 P.O.Box 1179 John M.Bredemeyer III l Southold,New York 11971 A.Nicholas Krupski G Q Telephone(631) 765-1892 Greg Williams Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: 2� I� I Z�I�• ZD INSF'E _T 13Y:j'..: ,�:.. 7 •� '�---5 . y^ �//,,p �j, l�' IOP.�- .• it'.:.. �i. .;?:;t2,., ','... ,-�?'L:3a'._... !�'' Y`�/'" U CUKR'NT : 'C Ch. 111 IN INSPECTION SCHEDULE Pre-cord trl:r�ationFh2ybele'fin-0/9iftk1�t4� tlsilt curtain 1st day.of constructionr constructed Project complete, compliance inspection ,COM MEN TS•. : . .. .. .. .-�.. , _.....,. CERTIFICATE OF COMPLIANCE: Board Of $outhoid' Town Trustees SOUTHOLD, NEW YORK PERMIT NO. z./.,~,~ ..... DATE: ...... ~ / ,Z 6I ~.~ ISSUED TO ..... ~.~ ~ ~ ...:~.G...~.~ ~- ~T ............................. Pursuant fo the provisions of Chapter 615 of the Laws of the State of New York. 1893; and Chapter 404 of the Laws of the State of New York 1952; and ~he Soufhold Town Ordinance eh- rifled "RE~ULATIN~ AND THE PLACIN~ OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and REMOVAL OF SAND, ~RAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted afa meeting held on 19 93., and in consideration of the sum of $. ~.3~0 paid by Matthe~...Mc Kiernan o~ ..... S~th~ld N.Y. a~ s~ec$ Terms and Conditions listed on the reverse side he.of, of Southold Town Trustees aufhorlzes and permlfs +he following: Co~s~c~ ~ [ 1/2 ~oT7 ~e[~g. ~ ~z ~ 50~ c~tw~ 3z ove~ ~eco~c. all in accordance ~ifh the detailed specifications as pre~nfed +he originating application. IN WITNESS WHEREO~, The said Board of Trustees h~re- by causes ifs Corporate Seal ~o be affixed, and these presents be subscribed by a maiorify of the said Board as of this daf, e. ................................. ..................................... TRUSTEES John M. Bredemeyer, HI. President Albert J. Krupski. Jr.. Vice President Henry P. Smith John B. Tuthill William G. Alberrson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hal] 53095 Main Road P.O. Box 1179 Southold. New York 11971 August 30, 1993 Matthew Mc Kiernan P.O. Box 1637 Southold NY 11971 Re: SCTM ~86-5-11.5 Dear Mr. Mc Kiernan, The following action was taken by the Board of Town Trustees during its regular meeting held on August 26, 1993 regarding the a~ove matter: WHEREAS, Matthew Mc Kiernan applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated June 1993 and, 21, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a public hearing was held by the Town Trustees with respect to said application on Thursday, August 26, 1993 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 Board has determined that theproject 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 approves the application of Matthew Mc Kiernan to construct a 1 1/2 story residence. All material will be redistributed on property to establish proper grade. Construct a 4' X 50' catwalk 3' over marshland and install post to secure small boat, as,per survey dated June i8, 1993. Located ROW off Indian Neck Lane, Peconic. Permit will expire two years from the date it is sighed. Fees must be paid, if applicable, and permit issued within six months.of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. Permit will be issued upon payment of the following fees for work to be done below Mean High Water Mark: Fees: 40 foot of catwalk @ $2.00 per foot = $80.00 Due ~o~ Mtruly yours, President, Board of Trustees JMB/djh cc. Building Dept. CAC TRUSTEES John M. Bredemeyer, III, President Albert J. Krupski, Jr., Vice President Henry E Smith John B. Tuthill William G~ Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARPdS Town Hall 53095 Main Road P.O; Box 1179 S0uthold, New York 11971 August 2, 1993 Matthew McKiernan P.O. Box 1637 Southold~ NY 11971 RE: SCTM ~1000-86-5-11.5 Dear Mr. McKiernan: The following action was taken by the Southold Town Board of Trustees on Thursday, July 29, 1993: RESOLVED that the Southold Town Board of Trustees issues a negative declaration and gives permission to start construction prior to final approval as per survey dated June 18, 1993. If you have any questions, please do not hesitate to contact this office. Ve~ ~ruly yours, ~John M. Bredemeyer, III President, Board of Trustees JMB: jmd cc: Planning Board Bldg. Dept. TRUSTEES John M. Bmdemeyer, HI, President Albert J. Krupski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 S.E.Q.R.A. NEGATIlrE DECILARATI ON NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONI~ENT APPLICATION NO. 1000-86-5-11.5 NAME: Matthew McKiernan DATE: August 2, 1993 Chapt. 97 - Wetlands Chapt. 37 - Coastal Erosion RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as Lead Agency for the action described below, has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. A planting survey shall be submitted prior to final approval. TYPE OF ACTION: Tlrpe I DESCRIPTION OF ACTION: to construct a 1 1/2 story residence. Ail material will be re-distributed on property to establish proper grade. Construct a 4' X 50' catwalk 3' over marshland and install post to secure small boat as per survey dated as amended June 18, 1993. LOCATION:SCTT4 ~1000-86-5-I1.5 REASONS SUPPORTING THIS DETERMINATION: 1. An on site inspection has been conducted by the Board of Trustees. 2. An environmental assessment, submitted by the applicant and reviewed and completed by the Board of Trustees, has indicated that no significant adverse effects to the environment are likely to occur should the project be implemented as planned. cc: CAC Planning Board Bldg. Dept. TRUSTEES John M. Bredemeyer. III. President Albert J. Krupskk Jr.. Vice President Henry P. Smith John B. Tuthitl William G. Albenson Telephone (516) 765-1892 Fax (516) 765-t823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 June 25, 1993 Mr. John Holzaphel, Chairman Southold Town Conservation Advisory Council Southold Town Hall Main Road Southold, NY 11971 Dear Mr. Holzaphel: Transmitted herewith are the following applications for a wetland permits: Matthew McKiernan Paul Racano Carol Cassel Onnik Arslanyan Kenneth Rathgeber Anthony Scarmato Paul Carey 86-5-11.5 63-7-35 56-5~40 44-2-17 104-13-5 31-16-9 123-8-27 Please prepare a written report of findings and recommendations with respect to 'this application. Very truly yours, Bredemeyer, III President; Board of Trustees JMB: jmd TRUSTEES John M. Bredemeyer, IlL President A/bert J. Krupski, Jr., Vice President Henry P. Smith John B. Tuthill William G. A/bertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095Main Road P.O. Box 1179 Southold, New York 11971 June 24, 1993 Matthew Mc Kiernan P.O. Box 1637 Southold, NY 11971 Re: SCTM ~ 1000-86-5-115 Dear Mr. Mc Kiernan, The following action was taken by the Board of Trustees at their regular meeting of June 24, 1993: RESOLVED that the Southold Town Board of Trustees approved the request for a waiver to clear property prior to final approvals. Located Kielbasa Alley, Peconic. If you have any questions, please call our office. Very truly yours, · Bredemeyer, III President, Board ofI Trustees JMB:d~h Telephone (516] 765-1501 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 JUL 2 9 1993 [OWN OF SOUTHOLD TO: Southold Town Board of Trustees FROM: Southold Town Conservation Advisory Council DATED: July 26. 1993 RE: Recommendation of Applications At the July 22 meeting of the Southold Town Conservation Advisory Council. the following recommendations were adopted: Moved by John HolzapfeL seconded by Robert Keith. it was RESOLVED to recommend to the Southold Town Trustees APPROVAL WITH STIPULATIONS of Wetland Application of MATTHEW McKIERNAN 86-5-11.5 to construct a 1 1/2 story residence. All material is to be redistributed on property to establish proper grade. Construct a Lp x 50' catwalk over marshland (to be minimum 3' over reeds in meadow) and install post to secure small boat. The Council recommends approval provided the house is located at least 75' from the wetlands. The Council recommends approval of the dock. provided it does not hinder navigation. Private Road (Kielbasa Alley) off indian Neck Lane. Peconic. Vote of Council: Ayes: All Motion carried. Moved by John Holzapfel. seconded by John Hagerty. it was RESOLVED to recommend to the Southold Town Trustees APPROVAL of the Wetland Application of PAUL RACANO 63-7135 to construct a timber dock consisting of a 4' x 72' fixed, elevated {4' over grade of marsh) walk; 3' x 16' hinged ramp; 6' x 10' float with 6' x 30' outer float arranged in "T" configuration. A 1;, wide x 60' +/- path to be cut through brush on slope leadin9 to dock and surfaced with wood chips. 1265 Calves Neck Road. Southold. Vote of Council: Ayes: All Motion carried. Vloved by Stephen AngelL seconded by Robert Keith. it was TRUSTEES John M~. itk~deheyer, III. President Albert J. Krupski. Jr.. Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only: SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road RO. Box 1179 Southold, New York 1. t971 DATE REC.: ~oastal Erosion Permit. Application ~Coastal Erosion Variance Application ~Wetland Permit Application ' ~.~Waiver from Chapter 97(Application ~?rustee Lands Permit Application randfather Permit Application ~ompleted Apps. Date:~ [%~I~nspection date: >AC comments-Date: Sent ~3Rec. ariance Required: (Y/N) eighbors notified-Date: ~Q~SEQRA Type rd.: Date sent . ~EQRA Determin./date. Public Hearinq/date: Findings: Approved (Y/N) Special Conditions: (Y/N) (see file) Permit(s) issued-date: .on Fee: Owner of Property: Address Address: / 37 Interest: (owner, consultant,lessee,etc.) ~)~ SubjecE Property Location: ~,~ ~ [~o~ ~]~ ./~C/~J~ ~/~ (Provide LILCO Pole location map) Distance to cross Streets if not on THIS IS NOT A PERMIT Page 1 Yds. to be excavated: ,/~3~ ~3 ~_ YdS, .to be filied:/c~.~ Manner in which material will be r~moved or deposited: Depth at low tide: ~3 ! Aver. rise in tide: Distance to nearest channel: extends beyond similar projects in area: Area zoning: ~Q* ~0 Land area in acres~ Is project for private or' business use: Intended use of property: Distance project Describe known prior operations conducted on premises: Has any prior license or permit been issued to erect structures, dredge, or deposit fill on said premises: ~10 Has any license or permit ever been revoked or suspended by a Governmental AgencY: Project Description The project description must also include plans for reclamation of land disturbed during construction of the principle and accessory structures and underground structures (i.e., pipeline and septic system; make additional attachments if necessary). THIS IS NOT A PERMIT -Page Authorization (Where the applican~ is not the owner) I residing at (Prin~-owner of subject property) (Mailing address-phone) do hereby authorize to apply for Coastal Erosion permit(s) from the Southold Town Trustees Signature THIS IS NOT A PERMIT Page 3 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQF PART I--PROJECT INFORMATION (To be completed by APPlicant or Project sponsor) 1. APPLICANT /SPONSOR t 2 PROJECT NAME 3. PROJECT LOCATIO~ Municloallty 4. PRECISE LOCATIO~(Street address an~ roa~terse~t192s' prom,nent la?mar~s, e~c., or prov,~p ' 5. IS PROPOSED ACTION: ,~ew [] Expansion []Modificatio~/alteration - . ~Yes [] No If Ho. describe briefly 9. '.'.'HAT IS PRESENT LAP~D USE IN V C N TY OF PROJECT? I0, OOES ACTION INVOLVE A PERMIT APPROVAL. OR FUND[NO. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY {FEDERA~ STATE OR LOCAL)? [] Yes [] J'2o If ye~, llst agency(s) and permit/apptova~s_~ ,~. As ^ RESULT DP PROPOS,D ACTION W,LL EXlSTIN6 PERMm^PPROVA~ RBOUIRB MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is ip the CoaDtal Area. and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 S. WILL ACTION RECEIVE COORL,.~ATED REVIEW AS PROVIDED FOR UULISTED ACTIONS IN 6 NYCRR. PARr 617.67 C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: .Answers may ~a nanrlwr*tten. ~! legible} D. IS TRERE. OR IS THERE LIKELY TO B~. CONTROVERSY RELATE~TO POTENTIAL ADVERSE ENVROH I&NTALIMPACTS? []Yes [~]NO It Yes. exolmn ~r/etly \ · . \ PART Ill--DETERMINATION OF SIGNIFICANCE ¢o be eom :y) INSTRUCTIONS: For each adverse effect identified above. [her it is substantial, large, impo~ant or Othe~vise significant. Eac~ effect should be assessed m connection wilh its (a) setting rura0; (b) proDabihtv Ot occurrtn9; (c) duraBon; irrcvers~Dility; {el geographic ecope; and (1) magnitude. If necessaW, nfs or reference supporting materials. Ensure ~J Check this box ii' you have identifiee ~ne or more 3otcotJally occur. Thee proceed directly to the FULL EAF and/or prepare [] Check this box if you have determined, based on the information documantarron, that the proposed acfion WILL NOT result ir] AND provide De atlaonments as necessary, the reasons su significant adverse impacts which e declaration. analysis above and any supperting X 2 County of Suffolk ) State of New York ) ~ ~77-~ ~7 ~/~f ~LT~X~ BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE ~PLIC~T FOR ~E ~OVE DESCRIBED PE~IT(S) ~D ~T ~L STAT~TS CONTAIN~ HEREIN ~E ~UE TO THE BEST OF HIS/HER ~OWLEDGE ~D BELIEF. ~D THAT WO~ WILL BE DONE IN T~ M~NER SET FOR~ IN THIS APPLICATION ~D AS MAY BE APPRO~D BY ~E SOU~OLD TO~ BO~ OF ~USTEES. THE APPLIC~T AGREES TO HOLD '~'~ TO~ OF SO,HOLD ~ THE TO~ ~USTEES H~LESS ~ FREE ~OM ~ ~D ALL D~GES ~D CLAIMS ~ISING ~D~ OR BY VIRTUE OF SAID PE~IT(S). IF G~ED. IN COMPLETING THIS APPLICATION, I HEREBY A~ORIZE ~E ~USTEES. THEIR AGENT[s) OR REPRES~TATI~(s). TO ~TER ONTO ~ PROP~ TO INSPECT ~E PREMISES IN CONJ~CTION WITH REVIEW OF ~IS APPLICATION. ' SfGNA~RE ~ // SWO~ TO BEFORE ME THIS ~{~DAY OF ,19 73 U LIC JOYCE M. WILKINS Notary Public, State of New Yor'z No. 4952246, Suffolk County Term Expires June 12, 19...~ ~'- Suggested space for location Map THIS IS NOT A PERMIT 05 Ap~ 1995 FLOAT ( $ ) FLOAT(S) C~Y/TOWN COUaT~ ~ ~'~ "' Catskill Greene Sayreville Middlesex NJ East Hampton Suffolk NY Brookly~ Kings NY ~ew Rochelle Westchester ~Y New York City New York NY BoltonLanding Warren US Army Corps of Engineers To Whom It May Concern: Public Notice Number: CENAN-OP-R Issue Date: 19 April 1995 Expiration Date: N/A Enclosed please find a listing of permit'decisions made by the New York District, Corps of Engineers during the past month. To facilitate your review, this is an explanation of the three-letter code denoting the type of permit issued: FAI -- issued after-the-fact permit FGP -- issued regional/state program general permit FLP -- issued letter of permission FIN -- issued modified permit FIP -- issued individual permit FNW-- confirmed applicability of nationwide general permit(s) For information concerning projects authorized in New Jersey, New York City, Westchester and Rockland Counties and 9n Long Island, please contact the Eastern Permits Section at (212) 264- 6731. For information concerning projects authorized in other areas of New York State, please contact the Western Permits Section at'(212) 264-0185, FOR THE DISTRICT ENGINEER: ~le~, Regu£a ory Branch Ea~ DEPARTMENT OF THE ARMY NEW YORK DISTRICT CORPS OF ENGINEERS JACOB K. JAVlTS FEDERAL BUILDING NEW YORK, N~Y. 10278-0090 January 20, 1995 Permits Section SUBJECT: Application Nut,her 94-09310-L2 by Lester Feldman To Whom It May Concern: The New York District, U.S. Army Corps of Engineers, has received a request for Department of the Army authorization for the following activity: APPLICANT: Lester Feldman 387 Indian Neck Lane P.O. Box 387 Peconic, NY 11958 ACTIVITY: Construction of ~ 4 foot by 50 foot fixed timber walkway at a height of 3.5 to 5 feet above the grade of wetland vegetation. Pilings would be placed 10 feet apart to a 7 foot penetration. The purpose of the project is to enable use of the walkway as a wildlife observation deck. WATERWAY: Richmond Creek, Little Peconic Bay LOCATION: Peconic, Town of Southold, Suffolk County, NY As this is minor in nature, authorization may be by Letter of Permission. This is in accordance with current Federal Regulations governing work in navigable waters of the United States. To accomplish the coordination required, prior to the issuance of a Letter of Permission, your review of the enclosed drawing is requested. Pursuant to Section 307 (c) of the Coastal. Zone Management Act of 1972 as amended (16 U.S.C. 1465 (c)), the applicant has certified that the activity complies with and will be conducted in a manner that is consistent with the approved state coastal zone management program. To allow for the timely processing of the subject application, your comments are requested within 20 days of the date of this letter. Enclosure Sincerely, ~, DEPARTMENT OF THE ARMY : NEW YORK DISTRICT CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y. 10278-0090 January 20, 1995 Eastern Permits Section 1995 SUBJECT: Application Number 94-09310-L2 by Lester Feldman To Whom It May Concern: The New York District, U.S. Army Corps of Engineers, has received a request for Department of the Army authorization for the following activity: APPLICANT: Lester Feldman 387 Indian Neck Lane P.O. Box 387 Peconic, NY 11958 ACTIVITY: Construction of ~ 4 foot by 50 foot fixed timber walkway at a height of 3.5 to 5 feet above the grade of wetland vegetation. Pilings would be placed 10 feet apart to a 7 foot penetration. The purpose of the project is to enable use of the walkway as a wildlife observation deck. WATERWAY: Richmend Creek, Little Pecenic Bay LOCATION: Peconic, Town of Southold, Suffolk County, NY As this is minor in nature, authorization may be by Letter of Permission. This is in accordance with current Federal Regulations governing work in navigable waters of the United States. To accomplish the coordination required, prior to the issuance of a Letter of Permission, your review of the enclosed drawing is requested. Pursuant to Section 307 (c) of the Coastal. Zone Management Act of 1972 as amended (16 U.S.C. 1465 (c)), the applicant has certified that the activity complies with and will be conducted in a manner that is consistent with the approved state coastal zone management program. To allow for the timely processing of the subject application, your comments are requested within 20 days of the date of this letter. Enclosure Sincerely, /J4mes W. Haggerty /~/~/ i~ief, Eastern Permits Section ALL I~OCKS AND BULKHEI 3 MUST DISPLAY VISIBLE PEF ~.T NUMBERS. ALLMOORINGS AND STAKES MUST DISPLAY VISIBLE MOORING NUMBERS. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MAIN ROAD SOUTHOLD, NEW.YORK 11971 NOTICE OF ACTION - NOT A PERMIT TO: MATTHEW MC KIERNAN Please be advised that your application, dated JUNE 21, 1993 has been reviewed by this Board, as a meeting of the Truszees held on August 26, 1993 and resulting in the action, as indicated below: ( XXX) .) 3 Application Approved. Application Denied. Application Tabled. .COMMENTS AND REMARKS: Application Fee: $150.00 Paid 40 feet of catwalk @ $2.00 = $80.00 Due IF YOUR APPLICATION IS APPROVED ABOVE, A PERMIT FEE IS NOW DUE, AND SHOULD BE MADE PAYABLE TO THE ORDER OF THE BOARD OF SOUTHOLD TOWN TRUSTEES. THIS FEE IS COMPUTED BELOW ACCORDING TO THE SCHEDULE OF kATES AS SET FORTH IN THE INSTRUCTION SHEET (Form 1/1). THIS FEE MUST BE PAID WITHIN 90 DAYS OR REAPPLICATION AND ADDITIONAL FEE WILL BE NECESSARY. IF THE PERMIT FEE IS PAID IN PERSON TO THE CLERK OF THE BOAtLD, THE PERMIT WILL BE OBTAINABLE AT THE SAME TIME. IF THE FEE IS PAID BY MAIL, THE PERMIT WILL BE MAILED IN REPLY. COMPUTATION OF PERMIT FEE:. TOTAL FEE FOR THIS APPLICATION: 10/87 23°'°°r~ Signe'~: By: President, Board of Trustees (~l'erk, Board of Town Trustees Consultant Project Name oco- Date The Southold Town Trustee office has determined that your application fo~ a coastal erosion/wetland permit is non-jurisdictional/incomplete~ please consider the following information in this regard for &ny required return submission: nlng ~oa~d o :~ 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