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Wallace, Gayle
n John M.Bredemeyer III,President �of S® y® Town Hall Annex Michael J.Domino,Vice-President �_ �O 54375 Route 25 IF P.O.Box 1179 Glenn Goldsmith CA tic Southold,New York 11971 A.Nicholas Krupski �Q Telephone(631) 765-1892 Charles J. SandersCaUNT11 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 20, 2016 Gayle B. Wallace c/o William G. Wallace 229 Seventh Street Garden City, NY 11530 RE: END OF RIGHT-OF-WAY ON BRIARWOOD LANE, CUTCHOGUE SCTM#: 1000-136-1-1&5 Dear Mr. and Mrs. Wallace: The Southold Town Trustees performed a pre-submission conference and field inspection of the dock at the end of the right-of-way on Briarwood Lane, Cutchogue on March 16, 2016. Your cooperation in this pre-submission activity was requested for the express purpose of informing you of the process to secure a permit for a new or modified dock that would comply with the current standards of the Town Wetland Code, Chapter 275. This request drawing from the Board's prior determination to deny without prejudice your request to formally transfer the dock into your name based on the lack of conformity with current standards and construction activity the Trustees witnessed that appeared to damage wetlands, for which no permit had been granted by this Board. We believe we had properly and thoroughly communicated to you verbally during the course of the pre-submission conference the importance of promptly addressing the lack of a wetland permit, which could only be rectified with the submission of a wetland permit application. During the pre-submission visit we reviewed the major requirements of a new or modified dock such as the need for the catwalk to be a maximum of 4'wide, to use thru-flo decking, use a maximum pile diameter of 6" and to secure the written permission of the owners of the right -of-way pursuant to Chapter 275. We agreed to work with you and all neighbors holding rights in the right-of-way to maximize and maintain access to Trustee underwater lands that you have historically enjoyed. i J,' 1 Apparently, the Board did not convey this message as well as we might, especially as Mr. Wallace in prior written communications with the Board responded on stationery where he is listed as counsel in a law firm. Accordingly, we thought he would be a good listener and eager to work with a Board inclined to act in kind. So that there is no misunderstanding: This letter confirms the pre-submission conference performed with your participation on March 16, 2016 wherein you were informed all the above. Absent a completed, application submitted in time for consideration at our August 17, 2016 meeting the Board of Trustees may have to consider formal legal action compelling possible permanent removal of the un-permitted structure from Trustee public underwater lands. Such completed application for consideration on August 17, 2016, should be submitted no later than July 20, 2016. If you have any questions please do not hesitate to contact this office. Thank you for your cooperation in this matter Sincerely, John M. Bredemeyer III, President Board of Trustees JMB/dd cc: Senior Bay Constable, Andrew Epple Assistant Town Attorney, Stephen Kiely Board of Trustees s .r . r*1 , ,. ..¢�T-4-t • � 1 � .�"�,2 """'.`_`"- t ; fir' Y �� � ,'� '�• .x � j?. � a �}� ,Ry,� �,,.^a-As+rF+r' ':t. tr �G; r! ' r Fr. � ,�r� u � }�° c�, � � �����. � *St• u Y�_ ` � ,^ ,�Iw4:#�.,�y,�rTs ��� �X•,�` .�,T rtl r. :-� - ti �g -_ ffk• I k Ir .I. '!�''>V� Wit.. _ +-g ���,�r•�.. Z, 1.,��, � e � i �, +�J i • ?tWOW- t MIME i "11t��'i.{.. � r t ♦ ;ins �� t " � - � filu r A 1 -. �� N •6,?K � ; � +k k'l•.. �:.: �{4 ��2 S .yy� ,4 S/1~' r .. . r .- - 'Fr y or,�wi �• ::�i�:S. �,', a ... _ ' . , . • - - John M.Bredemeyer III,President ®�*®f ® /y®l Town Hall AInnex Michael J.Domino,Vice-President ® 54375 Route 25 P.O.Box 1179 Glenn Goldsmith Southold,New York 11971 A. Nicholas Kru ski G J P Telephone(631) 765-1892 Charles J.Sanders ®�g'�,®U Fax(631)'765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD March 1, 2016 Gayle B. Wallace c/o William G. Wallace 229 Seventh Street l Garden City, NY 11530 RE: END OF RIGHT-OF-WAY ON BRIARWOOD LANE, CUTCHOGUE SCTM#: 1000-136-1-1&5 Dear Ms. Wallace: In reference to your letter of February 29, 2016 an inspection of the platform removal was made on March 1, 2016 by Trustees Bredemeyer and Krupski. Thank you for removing this platform from the vegetated wetlands in-the upland portion of the right-of-way adjacent to your dock placed without the benefit of a Town Wetland permit. The Trustees will perform your requested pre-submission inspection of your existing dock on March 16, 2016 to determine what modifications will be needed to bring it into compliance before this boating season, as it exceeds the original permit"and does not comply with current construction standards. Please remove the wood sections apparently deconstructed from your platform noted stacked on the catwalk, as the Board will need to safely enter upon the dock for measurements (photo taken 3/1/16,by Trustee Bredemeyer). Please contact the Trustee office as soon as possible to complete the pre-submission process. Absent your full cooperation in rapidly bringing your structure into compliance, meeting current permit and construction standards, this office will refer this matter to the Bay Constables for further action. Sincerely, John M. Bredemeyer III, President Board of Trustees JMB/dd Aft. cc: Bay Constables l FAVATA & WALLACE LLP ATTORNEYS AT LAW 229 SEVENTH STREET GARDEN CITY, NEW YORK 11530 (516) 742-9494 FAX NO. (516) 742-7088 ROBERT FAVATA NEW YORK OFFICE: WILLIAM G.WALLACE 228 EAST 45TH STREET 17TH FLOOR OF COUNSEL NEW YORK_ , N.Y. 10017 MAUREEN A. CARROLL February 29, 2016 D. E I rAV° via facsindle (631) 765-6641 and r,• g zdar maid i � l VAR 2016 BOARD OF TOWN TRUSTEES Town of Southold/Town Hall Annex s;th�;u °tk° 54375 Main Road P.O. Box 1179 Southold,New York 11971-0959 Re: End of Right-of-Way on Briarwood Lane, Cutchogue SCTM#: 1000-136-1-1&5 Dear Honorable Board: In accordance with your letter dated December 22, 2015, please be advised that the "as-built 8' 6" x 11' platform has been removed. The applicant is desirous of a"pre-submission inspection"to discuss possible options. Should you have any questions, or should you wish to discuss this matter further, please do not hesitate to contact the undersigned. Thank you for your continued courtesy and cooperation with regard to this matter. Respectfully yours, FAVATA & WALLACE, LLP William G. Wallace, WGW: /g 02/29/2016 14:12 FAX 1516 742 7088 FAVATA & WALLACE � _ 1@001/001 FAVATA & WALLACE LLP ATTORNEHs AT Law 229 SEvExTH STREET GAxnEx Crry,NEW YORE 11530 (516)742-9494 FAx No.(516)742-7086 ROBERT FAVATA NEW YORX OFFICE: WmLum G.WALLACE 228 EAST 45TE STREET 17TH FLOOR OF MUM= NEw YoIq,N.Y. 10017 MAvaEEN A.CARROLL February 29,2016 D GEE via acsile{631) 7SS-6641 and reg r mail � FEB 2 9 2016 • BOARD OF TOWN TRUSTEES Town of Southold/Town Hall Annex Southold Town 54375 Main Road Qard f Trustees P.O.Box 1179 Southold,New York 11971-0959 Re: End ofRighi-of--Way on Briarwood Lane, Cutchogue SCIM#.1000-136-1-1&5 Dear Honorable Board: In accordance with your letter dated December 22,2015,please be advised that the"as-built 8'6" x 11'platform has been removed. The applicant is desirous of a`pre-submission inspection"to discuss possible options. Should you have any questions, or should you wish to discuss this matter further, please do not hesitate to contact the undersigned. Thank you for your continued courtesy and cooperation with regard to this matter. Respectfully yours, FAVATA&WALLACE,LLP William G.Wallace WGW:/g FAVATA & WALLACE LLP ATTORNEYS AT LAW 229 SEVENTH STREET GARDEN CITY, NEW YORK 11530 (516) 742-9494 FAx No. (516) 742-7088 ROBERT FAVATA NEW YORK OFFICE: WILLIAM G.WALLACE 228 EAST 45TH STREET 17TH FLOOR OF COUNSEL NEW YORK, N.Y. 10017 MAUREEN A. CARROLL February 1, 2016 D �aE � BOARD OF TOWN TRUSTEES Town of Southold/Town Hall Annex �j FEB °` 4 2016 kik 54375 Main Road ? P.O. Box 1179 Southold,New York 11971-0959 Su;tht,id awf� fT Attn: Board of TownTrustees Re: Gayle B. Wallace, enol of right-of way on Briarwood sane, Cutchogue,NY ,5CTM#: 1000-136-1-1&5 Gentlemen: This is to confirm receipt on January 22, 2016 of the Board of Town Trustees' resolution dated November 18, 2015 served by mail on January 20, 2016 and received by the applicant on January 22, 2016. Thank you for your transmittal. Very truly yours, FAVATA & WALLACE,LLP I/vAoin 'k VY OLC(' William G. Wallace WGW: /g , I i FAVATA & WALLACE LLP ATTORNEYS AT LAW 229 SEVENTH STREET GARDEN CITY, NEW YORK 11530 (516) 742-9494 FAx No. (516) 742-7088 ROBERT FAVATA NEW YORK OFFICE: WILLIAM G.WALLACE 228 EAST 45TH STREET 17TH FLOOR OF COUNSEL NEW YORK, N.Y. 10017 MAUREEN A. CARROLL January 26, 2016 BOARD OF TOWN TRUSTEES �� V T(1[h�i� (lt S(,jj:jrz�(1. '? �?: ;I rill:AS�nPY - �� 54375 Main Road l JAN 2 2016 P.O. Box 1179' Southold,New York 11971-0959 Midd'own Attn: John M. Bredemeyer III,President Board of Town Trustees Re: Aj,plicant: Gayle B. Wallace End ofMight-of=l ay on Briarwood Lane,'Gutch'ogere' St;T 11I#: 1000-136-1-1&-5 - Dear Mr. Bredemeyer: x This is in follow-up to your letter dated December 22, 2015 and our telephone convc_•rsation to- January 25, 2016 wherein it was agreed that the applicant would be givers an extension of tirr„ which to remove the remainder of the platform up to and including February 29, 2016. As I advised you, the platform was partially removed and it was the applicant's intention to havo ii entirely removed on January 23rd/24th,2016 but because of the inclement weather the applicant vaas unable to complete the removal. Please be assured that we will use our best efforts to remove the platform in accordance with th' new time schedule. Thank you for your continued courtesy and cooperation. Very truly yours, _ qp�� /q�/I/♦�Y BB ((//�'yy{{ LLP FAVATA & WAI.1LAC 1, LLP s v • F � r Ii��M1lv^l f✓ }'r1 �Ff I.7M1 it R.�,v S Mitia"h'i WEll lace WUW:•/'g _ ' o John M. Bredemeyer III, President j �r SUFfO4 �� I l Town Hall Annex Michael J. Domino, Vice-President s�o� y�+ 54375 Route 25 Glenn Goldsmitho P.O. Box 1179 A Nicholas Krupski o ,' Southold, NY 11971 Charles J. Sanders 'y,�j o� Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: _121 b Completed in field by: N• Vh,06 ti, Pre-Submission Inspection at the Board's request for the application'of GAYLE B. WALLACE requests a Transfer of Wetland.Permit #1866 from George A. Brown to Gayle B. Wallace, as issued on August 31, 1984; and for an Amendment to Wetland/Permit#1866 for the existing dock consisting of an as-built 8'6"x11' platform; a 3'x25' walkway; a 3'x19'8" aluminum ramp; and a 5'x30' float. Located: End of Right-of-Way on B'riarwood Lane, Cutchogue. SCTM# 1000-136-1-1&5 CH. 275-3 - SETBACKS WETLAND BOUNDARY: -Actual Footage or OK=4 Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 Ch. 111 SEQRA Type: I II Unlisted Action Type of Application: V Pre-Submission Administrative Amendment \, Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Survey <_ 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: y � l9w oLks Vex Jar r� �j lr�C� � I�►J1�j, V Present were: N J. Bredemeyer V M. Domino LI-1-lG. Goldsmith N. Krup ski C. Sanders Other Page 1 of 2 `a 0 Lit 44#4-"I y 11 4 1 •�'rl ff 1 f T , r t ^ r 9 L - c' A-1 Com. • e _ ' - a � Ilk, � �r �7;�`✓ �, � .yam .. - � ;,., �, ^ri ti 7 0 7 IF, { �-y ... .::w�.�•y�+ -..+WAR'"" �: F � Wallace-R-O-W �.S�Briarwood Lane,Cutchogue s Mti: 1000-136-1-A tY, i 1 .� / ;�� _ , - �� �,~ IVa• ' k1 i �r • ���` fit. Is� " ,. � .f.� .�'" iYi►J���r� �'. .moi+�- �. �`i, �1 ,� _�. .i �ar'*�- 111 � • ,M '•` ,a } � . �.�.- .. . . _4b, Vol - - • -----tet'=--- ��. �A_ �� `�. �.�� �`'�°y OWL -- _ r s. N. io r � a = 0 John M. Bredemeyer III, President � Soy® Town Hall Annex Michael J. Domino,Vice-President h0 l0 54375 Main Road P.O.Box 1179 James F. King,Trustee Southold, New York 11971-0959 Dave Bergen,Trustee Telephone(631) 765-1892 Charles J. Sanders,Trustee4C® Fax(631) 765-6641 U�l�,�� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 22, 2015 Gayle B. Wallace c/o William G. Wallace 229 Seventh Street Garden City, NY 11530 RE: END OF RIGHT-OF-WAY ON BRIARWOOD LANE, CUTCHOGUE SCTM#: 1000-136-1-185 Dear Ms. Wallace: As you are aware, the application to transfer Permit#1866 and approve the as-built 8'6"x11' platform constructed on vegetated tidal wetlands was denied after a public hearing held on November 18, 2015. Please be advised that you are required to remove the aforesaid platform. Following removal you may opt for a pre-submission inspection with the Trustees to discuss possible options for the existing non-permitted dock. A re-inspection to confirm removal of the platform will be made on or after February 1, 2016. Si erely _2 hn M. Bredemeyer III, President Board of Trustees JMB/dd cc: Fred and Mary Ann Carcich Matthew and Vera Cusumano Bay Constables John M. Bredemeyer III, President �o�oSOFFo��-�oG� 1 own Hall Annex Michael J. Domino, Vice-President 54375 Route 25 Glenn Goldsmith y x P.O. Box 1179 A. Nicholas Krupski o • Southold, NY 11971 Charles J. Sanders 4,, , �a Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD November 18, 2015 Gayle B. Wallace 31 Irving Place Rockville Centre, NY 11570 RE: GAYLE B. WALLACE END OF RIGHT-OF-WAY ON BRIARWOOD LANE, CUTCHOGUE SCTM# 1000-136-1-1&5 Dear Ms. Wallace: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, November 18, 2015 regarding the above matter: WHEREAS, GAYLE B. WALLACE applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, application dated August 28, 2015, 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 Inconsistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on November 18, 2015, 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, documentation, and photos submitted concerning this application during the Public Hearing, and, WHEREAS, the Board has determined that the structure, as applied for does not comply with the standards set forth in Chapter 275-12 of the Southold Town Code as follows: 1. The existing platform adversely affects the wetlands of the Town. 2. The existing platform adversely affects fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation or the natural habitat thereof by permanently damaging the existing inter-tidal wetland area. 3. The existing structures adversely affect the health, safety and general welfare of the people of the Town. 4. The existing structures adversely affect the aesthetic value of the wetland and adjacent areas. WHEREAS, in addition the Board has determined that the existing platform, walkway, ramp and float construction does not comport with the current standards of Chapter 275 of the Town Code, or the original Wetland Permit#1866 issued on August 31, 1984 by the Board of Trustees, and, BE IT FURTHER RESOLVED that the Board of Trustees DENIES WITHOUT PREJUDICE the application -of GAYLE B. WALLACE to Transfer of Wetland Permit#1866 from George A. Brown to Gayle B. Wallace, as issued on August 31, 1984; and for an Amendment to Wetland Permit#1866 for the existing dock consisting of an as-built 8'6"x11' platform; a 3'x25' walkway; a 3'x19'8" aluminum ramp; and a 5'x30' float; and as depicted on the project plan prepared by Gayle B. Wallace, received on August 28, 2015. This is not a determination from any other agency. Very Truly Yours, J n M. Bre emeyer, III, President Board of Trustees JMB/eac November 23, 2015 Fred &Mary Ann Carcich 350 Briarwood Lane PO Box 39 Cutchogue, NY 11935 Matthew&Vera Cusumano 435 Briarwood Lane PO Box 1179 Cutchogue, NY 11935 Mr.John M.Bredemeyer III, President Board of Trustees,Town of Southold _ Town Hall Annex/First Floor 54375 Route 25 PO Box 1179 Southold, NY 11971 Re: Board of Trustees Meeting on Wednesday, November 18,2015 re: Application from Gayle B.Wallace—SCTM#1000.136-1-1+5 Dear Sir: The referenced Application [to transfer wetland permit# 1866 in the name of George A. Brown to Gayle B. Wallace, and amend said wetland permit for the existing dock consisting of an as- built 8' 6" x 11' platform, a Tx 25' walkway, a 3' x 19' aluminum ramp, and two 5'wide floats totaling 30' in length] was summarily denied by the Trustees.As noted at the meeting,the existing structure has been expanded well beyond the scope of what was originally approved in wetland permit# 1866 in August 1984, without any subsequent approvals from the Board of Trustees. Of greatest concern to us, however, is the new 8' 6" x 11' platform which still sits on our property. The applicant has not removed it, and has shown evidence this past weekend that she will not remove it, despite the Trustee's recommendations.The deck itself is a hazard;the possibility of northeasters accompanied by high tides increases the risk of storm damage to adjacent properties on East Creek caused by the breakup of the platform. This is a risk we as property owners should not bear. We should also not have to bear the cost burden of removing it ourselves. Accordingly we are respectfully requesting that the Board of Trustees compel the Applicant to remove the new platform within a reasonable period before the winter. The authority to compel removal of the platform is clearly stated in Town Code Section 275-16 (B) (1) Failure to Obtain a Permit, Section 275-16 (B) (5) Restoration, and 275-16 (B) (6) Failure to Comply with a Restoration Plan. Section B empowers the Director of Code Enforcement, Zoning Inspector, or Bay Constable to issue a written notice for removal and restoration within a time issued for compliance therewith. Please inform us of action you intend to take in this matter. Very truly yours, Fred & ry Ann Carcich 73 -734 Matthew&Vera Cusumano 456-0605 PATRICIA L. BROWN ; P.O. Box 1062 Cutchogue, New York 11935 NOV 1 8 2015 I�Tann November 5, 2015 Southold Board of Trustees Town Hall Annex 54375 Main' Road P.O. Box 1179 Southold, New York 11971-0959 Re: Application of Gayle B. Wallace Wetland Permit No.: 1866 Dear Board of Trustees: I have been a resident of the Town of Southold, on and off, since 1940. 1 am a former school teacher in Mattituck and Aquebogue. Since 1986 1 have been a resident of what is now known as 150 Briarwood Lane, section 136, block 1, lot 3. 1 submit this letter in support of my daughter's application for a transfer of a wetland permit from my late husband, George A. Brown to his daughter, Gayle B. Wallace. The original permit was issued to my husband as a"grandfathered"permit in 1984. 1 am familiarwith the property in question as my in-laws, George A. Brown, Sr. and Littis Brown purchased lot 3 from Ralph Sterling in the 1930's and built the original house and the original dock on East Creek in or about 1941. There has been a dock at the subject location continuously from 1941 until the present time. While the dock in its composition and perhaps its dimensions has varied slightly over these past seventy some odd years essentially the configuration of the dock consisted of a platform or walkway from the base of the steps on the right of way to a walkway and a ramp to a floating dock. This structure has always been at the terminal end of the right of way which traverses from Harbor Lane to East Creek. In all the years I have been visiting and living on Briarwood Lane,there has been a dock at the location so that the occupants of the homes on Briarwood Lane could access East Creek. I am told by my daughter that the neighbors in lots 1 and 5 have recently complained about the existence of the existing dock. As far as I know this is the only complaint in over seventy years that has been voiced regarding the dock at the end of the right of way on Briarwood Lane. In fact,the residents in lot 2, now the Curran's and formerly the Hassans and Bogans have always used the dock for the access to the water. Very truly yours, Patricia L. Brown MICHAEL and SUSANNA CURRAN ii s ,� 315 Briarwood Lane -------- P.O. Boz 480 ' °i Cutchogue, New York 11935 NOV 1 8 2015 Sauihuld 1,3M November 14,2015 Re: Application of Gayle B. Wallace- SCTM# 1000-136-1-1+5 for transfer of wetland permit and amendment to wetland permit#1866 Dear Members of the Board of Trustees: We are the owners and occupants of 136-1-2 having owned and occupied this premises as our principal residence for approximately twenty years. Unfortunately,because of aprior out of state engagement, we can not attend the meeting scheduled for November 16t 2015. However,we have reviewed this application of our neighbor Gayle B.Wallace and support this application in its entirety. _ There are five lots accessed by "Briarwood Lane" a private lane which gives ingress and egress to and from each one of the five lots. Four of the lots are improved by single family residences. Lots 1 (Cusumano) and lot 5 (Carcich)have no direct access to the town road, Harbor Lane, without traversing over the right of way provided by Briarwood Lane. Our home on lot 2 and the Brown/Wallace on lot 3 and the Wallace unimproved lot 4 have right of way access to East Creek(sometimes called Eugenes Creek). In order to gain access to the creek, especially at high tide, we need some type of walkway/dock. We have looked at this application and visually inspected the"as built"dock and path and whole heartedly approve of same. Very truly yours, Michael Curran Susanna Curran } 1 First I would like to thank the Trustees for this hearing. My name is MATTHEW CUSUMANO one of the owners of the property. To state the facts, in late August of 2015 our neighbors Bill and Gail Wallace proceeded to order two workman to build a new platform (or deck) at the end of a right of way which leads to a 3'x25'walkway, then to-a 3'x19' aluminum ramp and finally to a 5'x 30' floating dock. The dock (which is in violation of the original permit) is used by the.Wallace family and Mr. Michael-Curran, both having boats tied to the floating dock. _ -My-neighbor, Mr. Carcich, who owns the other half of the right of way joined me in objecting to the construction. Not the-least of whin was-the-absence of a permit. They proceeded to ignore our objections and aggressively continued the construction. We informed them that we as the legal property owners did not approve of this new platform on our property. That statement of truth was also disregarded as the work on the deck proceeded. In frustration Mr. Carcich and 1 went to the Trustee's office to voice our concerns. I believe the Bay Constable was dispatched to the site. I also believe---Mr.-Wallace=tol_dtheBay_,-Constable-th-at-the construction was remedial due,to the--effects_of-hurricane=Sandy, which Was not true as the deck or`platform had-never-existed-prior to that meeting. The- Wallace's continued to construct the deck.- We now have a stru,�ture far in.excess-of the permit#1866-issued in 1994-and.-a deck which never existed. These structures constitute a;.liability,,for;Mr. & Mrs. , Carcich as well as Mr. & Mrs. Cusumano, the property owners. Additionally we would be liable for any,agency having jurisdiction over wetlands and subsequent violations. We the owners of the property,would be the recipients of any fines and assessments levied. To be clear-we do not approve of this structure. The dock, ramp and walkway were not built in conformance with permits previously issued. 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WALL—� 410, 69.. 5 - �9, �•3 �1 � I`y � 1,.'�' ,y"..',: - 9""3 r�,•.p-fit � Q`` 1r 7 NOV 1 8 2015 � ,.• ,..,..o+, Vz !1,/ / 0` s sr t I!.4 T/O/!lW/t7ESAVIN OS OA 7't'4`• �p.fxii�. -FS�i�<a a,,: >1 .j� y _ _ J' I�SS:Tq - ��.. „{ f _ 41 R, ! 1 N;f'�ji ro"= y17 FfD r - � - - of 5��„�;:'"�. ,3�..>;,,,,/l/ ,.il�_'"i. `j�ff{s""•'�7r,"i`�� __ ..t� ' a 'i'�'�`x k�",e ,^�,' ��'{• IZ " ,�`�";'''' y�i,�T sa , r. F,9 Y ;{%^�S, �.��;, '��`,v,.. r� �.•. 'e'rJIi. :'A { a"y' r� {'a: v: "j _ d ,4, !" ! 1 ,; td,o,nkaick, asss'oc,�at�s 4°Fs. }.,w,I ksr, r.' a' ;i °andN s:urve< :ors an,d N�: ,p � �¢�' C-0.,_- fin �j �' d� ^ �1 'ls�. /J,�p�'J// q//� c Gn'�J UI''1',i.ng:eng meer5 •�_- ,I IIl • ' • ')l�z"F V�O L'�AtN.�;�'� °� ,}; •p 'r ` y,? �'t €,k t ,7, n west.m i n street ` v� �;P:y'.a,T :'mak � y :F'ya �;_ ,•'!,"�, 7,.�r� I + f e'r,hpad, mew, ,ynrrk, 16 C!,I `.�;`�:a,.'':'` ,l'i I+,ti r'.�'S;•+,a !t:` ` ° ' - `'m hh� I' +i.�.l,ir 'N 1&-302 ', Job -N2,"8.3-213 ,u�v�;' 6'e fi%>''�' i.iF, `'Sf'.y .� - - .� r�' it[ riF y- '��' `,� '•'� 'rt• - 4'ti, ��;It�'V.�P"�l�V':`°�.V,r .r,�,�^'��q l!ffw 4 � August 24, 2015 Fred & Mary Ann Carcich 350 Briarwood Lane PO Box 39 Cutchogue, NY 11935 Matthew&Vera Cusumano _ 435 Briarwood Lane PO Box 1179 PD,, L 3 U Lam, h V � Cutchogue, NY 11935 # NOV 1 8 2015 Ms. Elizabeth Cantrell Board of Trustees,Town of Southold Sant,§aid Ta:��t Town Hall Annex/First Floor g Trustees 54375 Route 25 PO Box 1179 _ Southold, NY 11971 Re: Deck on right-of-way/Briarwood Lane, Cutchogue Administrative Meeting to be held on September 16, 2015 Dear Ms. Cantrell, As discussed at our meeting of August 18, 2015,we wish to express our objections to the construction of a waterfront deck by William and Gayle Wallace on the right-of-way on Briarwood Lane whose center line is the North/South property line for Carcich and Cusumano, respectively, extending eastward to the mean high water mark of Eugene's Creek. Please see survey maps by Donack Associates and Peconic Surveys PC, attached. Apparently the construction of the deck was mischaracterized to Bay Constable John Kirincic by the Wallace's on Monday,August 17 as merely a repair in kind after"storm damage" of a facility approved by the Town Building Department and Trustees in 1955 (1955 dock permit in the name of George Brown).While we have no knowledge of what construction was approved in 1955,we can personally attest that in the past 32 years (since 1983)there has never been a deck anywhere on the right-of-way. We also know that the most recent installation by users of the right-of-way was a walkway of three boards, no deck, as documented in the attached "before" photos. [However, it is notable that the small right-of-way dock that existed in 1983 has been significantly expanded over the past 15 years to the structure it is today, one that accommodates two large power boats and is probably very different in size and scope from that approved in 1955.] The three-board walkway has now been replaced by a deck measuring 8'-4"x 12'-0."This deck has been constructed on our property, albeit a right-of-way, over our objections,as documented in the attached "after" photos. f We are specifically concerned that: 1. The purpose of a right-of-way on any property is to provide utility vehicular and pedestrian access, not to establish a collection point for people or materials. 2. We as property owners are subject to increased liability risk and possibly increased insurance premiums from the expansion of uses that the deck provides. 3. Should governmental authorities levy a fine for non-compliance with code, or violation of federal or state environmental laws, or for any other reason,the fine will devolve to us as owners of the property, not to the builders and users of the deck and right-of-way. 4. The deck is an escalation of use of the right-of-way.The proximity of the deck to existing structures and the activities it will generate adversely affects the quiet enjoyment of our properties. We therefore urge the Trustees to disallow the deck and require the Wallace's to remove same immediately. Please advise us of any action the Board takes regarding this issue in the Administrative Session on September 16 or in any other forum.We can be reached by phone as noted below. Very truly yours, Fred & Mary Ann Carcich 734-7346 Matthew&Vera Cusumano 456-0605 Attachments: Survey map by Donack Associates for 350 Briarwood Lane, Cutchogue Survey map by Peconic Surveys PC for 435 Briarwood Lane Photos �DI) " NOV 1 8 2015 �la���`t1 fill P y t x, r: rti. e � p 4 t 1+.: qr s VpIgM14' " • 1 b• 7 1 MO, w 14 r R�+'� e�}y"': ..^4 ...." Z +y Y "After" Photos Looking downhill on the right-of-way Deck as seen from Carcich/south of right-of-way Looking uphill " e IV'r. r. NOV 1 8 2015 Ac John Bredemeyer, President guFF01,fc Town Hall Annex Michael J. Domino, Vice-President 54375 Route 25 James F. King y x P.O. Box 1179 Charles J. Sanders- • Southold, NY 11971 Dave Bergen y�o! ,� �a°' Telephone (631) 765-1892 Fax (631) 765-6641 r Southold Town Board of Trustees" Field InspectionMork Session Report Date/Time: GAYLE B. WALLACE requests a Transfer of Wetland Permit #1866 from George A. Brown to Gayle B. Wallace, as issued on August 31, 1984; and for an Amendment to Wetland Permit #1866 for the existing dock consisting of an as-built 8'6"x11' platform; a 3'x25' walkway; a 3'x19'8" aluminum ramp; and a 5'x30' float. Located: End'of Right-of- Way on Briarwood Lane, Cutchogue. SCTM# 1000-136-1-1&5 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: Chapt.275 Chapt. 111 other Type of Application: Wetland Coastal Erosion Amendment Administrative Emergency Pre-Submission Violation Notice of Hearing card posted on property: Yes No Not Applicable Storm Water Management Review: Yes No, Not Applicable Info needed: d Modifications: Conditions: Present Were: J. Bredemeyer M. Domino King Bergen C. Sanders Bay Constable Other Form filled out in the field by Mailed/Faxed to: Date: ` August 24, 2015 Fred &Mary Ann Carcich AUG 2 4 2015 i 350 Briarwood Lane PO Box 39 ,``. '"T} Cutchogue, NY 11935 r j g Matthew&Vera Cusumano 435 Briarwood Lane PO Box 1179 Cutchogue, NY 11935 Ms. Elizabeth Cantrell Board of Trustees,Town of Southold Town Hall Annex/First Floor 54375 Route 25 PO Box 1179 Southold, NY 11971 Re: Deck on right-of-way/Briarwood Lane, Cutchogue Administrative Meeting to be held on September 16, 2015 Dear Ms. Cantrell, As discussed at our meeting of August 18, 2015,we wish to express our objections to the construction of a waterfront deck by William and Gayle Wallace on the right-of-way on Briarwood Lane whose center line is the North/South property line for Carcich and Cusumano, respectively, extending eastward to the mean high water mark of Eugene's Creek. Please see survey maps by Donack Associates and Peconic Surveys PC,attached. Apparently the construction of the deck was mischaracterized to Bay Constable John Kirincic by the Wallace's on Monday,August 17 as merely a repair in kind after"storm damage" of a facility approved by the Town Building Department and Trustees in 1955 (1955 dock permit in the name of George Brown).While we have no knowledge of what construction was approved in 1955,we can personally attest that in the past 32 years (since 1983)there has never been a deck anywhere on the right-of-way. We also know that the most recent installation by users of the right-of-way was a walkway of three boards, no deck, as documented in the attached "before" photos. [However, it is notable that the small right-of-way dock that existed in 1983 has been significantly expanded over the past 15 years to the structure it is today,one that accommodates two large power boats and is probably very different in size and scope from that approved in 1955.] The three-board walkway has now been replaced by a deck measuring 8'-4"x 12'-0."This deck has been constructed on our property, albeit a right-of-way, over our objections,as documented in the attached "after" photos. We are specifically concerned that: 1. The purpose of a right-of-way on any property is to provide utility vehicular and pedestrian access, not to establish a collection point for people or materials. 2. We as property owners are subject to increased liability risk and possibly increased insurance premiums from the expansion of uses that the deck provides. 3. Should governmental authorities levy a fine for non-compliance with code, or violation of federal or state environmental laws, or for any other reason,the fine will devolve to us as owners of the property, not to the builders and users of the deck and right-of-way. 4. The deck is an escalation of use of the right-of-way.The proximity of the deck to existing structures and the activities it will generate adversely affects the quiet enjoyment of our properties. We therefore urge the Trustees to disallow the deck and require the Wallace's to remove same immediately. Please advise us of any action the Board takes regarding this issue in the Administrative Session on September 16 or in any other forum.We can be reached by phone as noted below. Very truly yours, C Fred Mary Ann Carcich 734-7346 Matth &Vera Cusumano 56-06 5 Attachments: Survey map by Donack Associates for 350 Briarwood Lane, Cutchogue Survey map by Peconic Surveys PC for 435 Briarwood Lane Photos AUG 2 4 2015 c { r _ jy "Before" Photos Photos of right-of-way and three-board walkway taken Photos of right-of-way and three-board walkway taken in Oct 2014 and submitted in Carcich fence permit in Summer 2015: application: Na k rot x+4: I' d� aM v. i ti 4 Mutt -�� I wo I�)� .y Right of way Looking downhill (East) 18 2015 Southold Town wM I tti 1 M v a 1 a - 4 i :ToY` (t Y i .�vr i 1 6 � - P f ♦:I4 ✓ a a •`e r. .: *ice,. • 1 � - �. SS's- rR M , y_ .x r I George A. Brown hereby grant unto Gary C. Brown, residing at 6010 West Mill Road, Flourtown, Pennsylvania 19031 and Gayle B. Wallace residing at 31 Irving Place, Rockville Centre, New York 11570 all of my rights, title and interest in and to a certain ramp and floating dock located in East Creek, Cutchogue, New York and designated by Southold Town Permit # 1866. This conveyance was made for good and valuable consideration. Dated: July �� , 2006 Signature: ,d.4-'�� Ge ge A. Brown I On the 31 -day of July, 2006 before me personally came George A. Brown to me known to be the individual described in and who executed the foregoing instrument and acknowledged that he executed e same. Ros Rp TV ub c Notary Publi ., State o n,ew ork No. o2FA6038102 Qualified in Westchester County commission Expires March 6, 20ve BOXES 5 THRU 9 MUST BE TYPED(, `'RINTED IN BLACK INK ONLY P�T� 'R TO RECORDING OR FILING. 1-1 SUFFOLK COUNTY CLERK Z 3 � 11�7Q5P�Q3 _ . 14100 0 Number of pages "3 k ;; �r� ➢ TORHENS DEC 5 199CD Serial# --i 1:, LO e Certificate# , Prior Ctf# Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 41 FEES Page/Filing Fee �. Mortgage Amt. Handling 1.Basic Tax TP-584 2.SONYMA Notation Sub Total EA-5217(County) -S Sub Total 3. Spec./Add. EA-5217(State) . CAD TOT.MTG.TAX R.P.T.S.A. /s ® ��if Dual Town Dual County Held for Apportionment Comm. of Ed. 5_._00_ u . � `,,� _ •-- �o� - Transfer Tax Affidavit qk0 1HOQQ lrl �(00�7 Mansion Tax Certified Copy The property covered by this mortgage is or will be improved by a one or-two Reg. Copy _ Sub Total /S family dwelling only. YES or NO Other GRAND TOTAL If NO,see appropriate tax clause on page# of this instrument. ��,. Real Property Tax Service Agency Verification Title Company Information cry Dist Section Block Lot O 104 003.06 0 tam METROPOLITAN ABSTRACT CORPO TION CompanyName to S_ l�r�aao Title Number FEE PAID BY: �ij Cash Check X Charge Payer same as R&R Z � OR: METROPOLITAN ABSTRACT CORPORATION 11,63� ONE OLD COUNTRY ROAD CARLE PLACE, NEW YORK 11514 RECORD & RETURN TO Suffolk County Recording & Endorsement Page This page forms part of the attached mla"d e by: (Deed, Mortgage, etc.) The premises herein is sit ed in SUFFOLK COUNTY, NFW YORK. 4 TO In the TOWN of �. In the VILLAGE or HAMLET of 11-0 104..5/93 T 691 Standard N.\.a,T U.Norm 8002 n 14,ale deed, JULIUS BLUMBERG,INC.,LAW BLANK PUBLISHERS ellh nnenpol Ilgalnal grantor's aelc—Ind or Cnnl single ahee: ^' rA4 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLYTHIS INDENTURE, made the � day of November , nineteen hundred and ninety—fourBETWEEN George A. Brown, residing at Harbor Lane, Cutchogue, New York 11935 party of the first part, and "s Gary C. Brown, residing at 6010 West Mill' Road; Flourtown, Pennsylvania 19031 and Gayle B. Wallace, residing at 31 Irving Place, Rockville Centre, New York 11570 party of the second part, ' WITNESSETH, that the party of the' first part; in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby brant 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 and improvements thereon erected, situate. lying and being jmft at Cutchogue, in the Town,of Southbld, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a concrete monument set on the easterly line of Harbor Lane at the southwesterly corner of land of Ralph W. Sterling and of the premises herein described and adjoining land now or formerly of Jacob Bowers; running thence northerly along said easterly line of Harbor Lane 70 feet to the center line of the hereinafter described right of way; thence easterly along the center line of said right of way, 125 feet to other land of George A. Brown and Littis R. Brown, his wife; thence southerly along said,'other lands of said George A. Brown and wife 69.96 feet to said land now or formerly of Jacob Bowers; thence westerly along said last described land to the point of beginning. Being the same premises conveyed by Ralph W. Sterling to George A. Brown and Littis R. Brown, his wife, by deed recorded in Liber 2392 cp 17 and re-recorded in Liber 2865';cp 195; said George A. Brown being deceased. ALSO ALL that tradt of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk, State of New York, described as follows: BEGINNING at a point in center line of a certain private right of way 20 feet in width, which point is distant 125 feet east from the point of intersection of the center line of said highway at its westerly end with the easterly line of or side of the town highway known as Harbor Lane; running thence southerly and at right angle to the center of said right of way a distance of 69.96 feet to land of Jacob F. Bowers; running thence easterly along land of Jacob F. Bowers a distance of 90 feet to a point and other land of Ralph W. Sterling and wife; running thence northerly and on a line parallel with the westerly boundary line of premises hereb conveyed, a distance of 69.96 feet to the center of said right of way; thence westerly along the center line of said right of way a distance of 90 feet to the point or place of beginning. Being the same premises conveyed to George A. Brown and wife by Ralph W. Sterling and wife by deed recorded in Suffolk County in Liber 2051 cp 571. Said George A. Brown being deceased. Subject to and together with certain Easements and right of way as more particularly set forth in former instruments of record. Being and intended to be the same premises•`;.heiretofore conveyed by Littis R. Bonner t Ge A. Brpwn, her son,. bty deei dated Jfune 15, 1�7 fOGEWAft with aII right, title an( in erest, r any. of t re party of tie rrst part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part. the heirs or successors and assigns of the party of the second part forever. reserving, granting and conveying however, to George A. Brown, party of the first part, and his wife, Patricia Brown a life estate with the right to use and occupy said premises for the term of their natural lives. AND the party of the first part covenants that the party of the first part has not clone or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above- written. bovewritten. INENCE OF: 1 CEO WN Being and intended to be same premises described in Liber 7667 cp 344. 1 STATE OF NEW YORK, COUNTY OF )au ss S?,:1TE OF NEW YORK 1NTY OF ss; ii OII the )L r day of November, 19 94, before me On the day of ° 19 , before me personally came personally came George A. Brown to me known to be the individual described in and who to me known to be the individual described in and who twi executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he executed the same. executed the same. OTARY PUBLIC SUSAN D.DRAGA NOTARY PUBLIC,State of Nest York No.4898519 Qualified in Suffolk county b Commission Expires June 15,19--- STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom 1 ani personally acquainted-, who, being by me duly sworn, did depose and say that he resides at No. that he is the ; of that he knows the corporation described in and which executed the foregoing instrument; that he to be Lite individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed It name thereto by like order. at the same time subscribed h name as witness thereto. 35argain aub gale lBeeb SECTION WITH COVENANT AGAINST GRANTOR'S ACTS BLOCK TITLE No. LOT 13 GEORGE A. BROWN COUNTY OR TOWN /1/ /�G� TO RETURN BY MAIL TO: GARY C. BROWN AND GAYLE B. WALLACE WILLIAM G. WALLACE AMOROS, FAVATA & WALLACE Recorded At The Request Of 400 Garden City Plaza Metropolitan Abstract Corporation Garden City, New York One Old Country Road,Suite 140 Zip No. 11530 Carle Place,New York 11514-1885 i (516)741-5474 (718)343-4334 FAX(516)877-1195 i v 0 m a b 0 v v C4 w 0 v h w O v. a V 4 h h v Y M M 0, i I II VIII II I I VI I I I I III VIII III II VIII VIII VI II IIII IIII 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 07/05/2012 Number of Pages : 4 At: 11 : 51 : 05 AM Receipt Number : 12-0076154 TRANSFER TAX NUMBER: 11-24277 LIBER: D00012698 PAGE : 305 District: Section: Block: Lot: 1000 136 .00 01 . 00 003 . 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20 . 00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $1,5 . 00 NO EA-CTY $5 . 00 NO EA-STATE $125 . 00 NO TP-584 $5 . 00 NO Notation $0 . 00 NO Cert.Copies $0 . 00 NO RPT $60 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO Fees Paid $255 . 00 TRANSFER TAX NUMBER: 11-24277 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of pages PECC+KE1, 2012 Till 115 11�51nn5 PM CLERI, OF This document will be public _cUFFOLK GiiUr-0i,' record. Please remove.all ;,. L I)00012r,'a,_, Social, Security-Numbers prio"r to recording. DT# 11-2427-1 Deed/,Mortgage Instrument''' ' +r s.. 'Deed V Mortgage Tax Stamp Recording/Filing Stamps 3 ., • FEES , r.< r - Page/Filing Fee Mortgage Atria, _ 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 , Sub Total r Notation Spec./Assit. / . � or EA-52 17 (County) Sub Total Spec./Add. EA-5217 (State) TOT.MTG.TAX Dual Town. Dual;County R.P.T.S.A. CD ` Held for Appointment'` Comm.of Ed. 5. 00 0 - ' Transfer Tax 0. Affidavit � Mansion Tax Certified Copy 'The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total: YES or NO Other , Grand Total a► � If NO,see appropriate tax clause on page# of this i�rst me tVIA . 4 1 Dist. 12015924 1000 13600 0100 00300o •�5_ -Community Preservation Fund Real Propi R PA A Consideration ;Amount•$ Tax Sery Agenc, 05-JUL-1 CPF Tax Due $ Verificati r Improved S/ 6 Satisfactions/Discharges/Releas`es List Property Owners Mailing Address RECORD &RETURN TO: �S Vacant Land 1,6 /4 l ova 3a � TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Com any Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# 8 Suffolk Counly Recording & Endorsement Page This page forms part of the attached Lap made by: (SPECIFY TYPE OF INSTRUMENT) C' (��A) The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO _ In the TOWN of �_n(4 0 07 Ali P C C In the VILLAGE or HAMLET of cu rohI l0 BOXES 6 THRU S MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO ORDING OR FILING. iz-oiaa.ioioatk (over) Standard N Y B.T W.Form 8003 Bargain and Sale Deed,with Covenants against Grantor's Acts-Individual or Corporation(Single Sheet) CONSULT YOUR LAWYER BEF( "IGNING THIS INSTRUMENT-THIS INSTRUMEI; OULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the arday ofd,2012 BETWEEN Gary C. Brown,as to his entire interest residing at 6010 West Mill Road, Flourtown, PA 19031 party of the first part, and Gayle B.Wallace residing at 31 Irving Place, Rockville Centre, NY 11570 party of the second part. WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, situate, lying and being at See Attached Schedule"A" 'Subject to the life estate of Patricia Brown with the right to use and occupy said premises for the term of her natural life. Being and intended to be the same premise conveyed by George A. Brown to Gary C. Brown and Gayle B. Wallace by deed dated November 25, 1994 and recorded on December 5, 1994 in Liber 11705, page 032. SAID PREMISES is known as Harbor Lane, Cutchogue, New York 11'935 TOGETHER with all right, title and interest, if any, of the party of the first in an to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs and successors and, assigns of the party of the second part forever. AND the party of the first part covenants that the'party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost�of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF JA Ga3:&; . B ri "STATE OF NEW YORK ) STATE OF NEW Y _ ) )ss.: )ss.: COUNTY OF ) COUNTY OF ) On this day of , in the year before me, the On the day of in the year before me, the undersigned, personally appeared personally undersigned, personally appeared , known to me or proved to me on the basis of satisfactory personally known to me or proved to me on the basis of evidence to be the individual(s)whose name(s) subscribed to satisfactory evidence to be the individual(s)whose name(s) the within instrument, and acknowledged to me that he is/are subscribed to the within instrument, and acknowledged executed the same in his capacity(ies), and that by his to me that he/she/they executed the same in his/her/their signature(s) on the instrument, the individual(s), or the person capacity(ies), and that by his/her/their signature(s) on the upon behalf of which the individual(s) acted, executed the instrument, the individual(s), or the person upon behalf of instrument . which the individual(s) acted, executed the instrument. NOTARY PUBLIC NOTARY PUBLIC *For acknowledgments taken in New York State. ** State, District of Columbia, Territory, Possession, or Foreign Country Commonwealth of Pennsylvania) ) SS County of Montgomery ) On the 0?19 day of in the year 2012 before me, the undersigned, personally appeared GARY C.BROWN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their capacity(ies), that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance—, before the undersigned in the Montgomery, PA.(Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken). NOTARIAL SEAL MARGARET A SEMEN Notary PW3110 7y�� SPRINGFIELD TWP.,MONTGOMERY COUNTY Si nature a d ffice of My Commission Expires Jun 17,2014 Individual taking acknowledgment BARGAIN and SALE DEED With Covenant Against Grantor'Acts SECTION 136 TITLE NO. BLOCK 1 Gary C. Brown LOT 3 TO COUNTY Suffolk Gayle B.Wallace Recorded at Request of: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Return by Mail to: William G.Wallace, Esq. FAVATA&WALLACE, LLP 229 Seventh Street, Suite 300 Garden City, New York 11530 RESERVE THIS SPACE FOR USE OF RECORDING OFFICE .SCHEDULE "A" ALL that certain plot, piece or parcel of land. with the buildings and improvements thereon erected, situate; lying and being ix1� at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a concrete monument set on the easterly line of Harbor Lane at the southwesterly corner of land of Ralph W. Sterling and of the premises herein described and adjoining land now or formerly of Jacob Bowers; running thence northerly along said easterly line of Harbor Lane 70 feet to the center line of the hereinafter described right of way; thence easterly along the center line of said right of way, 125 feet to other land of George A. Brown and Littis R. Brown, his wife; thence southerly along said other lands of said George A. Brown and wife 69.96 feet to said land now or formerly of Jacob Bowers; thence westerly along said last described land to the point of beginning. Being the same premises conveyed by Ralph W. Sterling to George A. Brown and Littis R. Brown, his wife, by deed recorded in Liber 2392 cp 17 and re—recorded in Liber 2865, cp 195; said George A. Brown being deceased. ALSO ALL that tract of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk, State of New York, described as follows: BEGINNING at a point in center line of a certain private right of way 20 feet in width, which point is distant 125 feet east from the point of intersection of the center line of said highway at its westerly end with the easterly line of or side of the town highway known as Harbor Lane; running thence southerly and at right angle- to the center of said right of way a distance of 69.96 feet to land of Jacob F. Bowers; running thence easterly along land of Jacob F. Bowers a distance of 90 feet to a point and other land of Ralph W. Sterling and wife; running thence northerly and on a line parallel with the westerly boundary line of premises hereby ; conveyed, a distance of 69.96 feet to the center of said right of way; thence westerly along the center line of said right of way a distance of 90 feet to the point or place of beginning. Being the same premises conveyed to George A. Brown and wife by Ralph W. Sterling and wife by deed recorded in Suffolk County in Liber 2051 cp 571. Said George A. Brown being deceased. II Subject to and together with certain Easements and right of way as more particularly set forth in former instruments of record. Being and intended to be the same premises,heretofore conveyed by Littis R. Bomter Yoe, �Q A. Br�wn, her son U deei dated June 15, 1�7/ . o ,L!'�l% with a right, title ancr'in erest, any. o) t re party of t e rst part in and to any streets and y roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the_party of the second part. the heirs or successors and assigns of the party of the second part forever. reserving, granting and conveying however, to George A. Brown, party of the first part, and his wife, Patricia Brown a life estate with the right to use and occupy said premises for the term of their natural lives. ALL MOORINGS AND ST-___TS MUST DISPLAY VISIBLE -MO»--Al.NG NUMBERS ALL DOCKS AND BULKHEADS MUST DISPLAY VISIBLE PERMIT- NUMBERS Me ' ����y)✓.. ;d. .ii r•,. ".:. : ..• �.,`�;i. Vi `(mac '7 �9r?�i %{,s, r'�ii�si.+'r+.—�'r:��:�.9'.'�%T"�<<� �?'• Board Of Southold Town Trustees , SOUTHOLD, NEW YORK Mooring PERMIT NO. 18 6 6... ........ DATE: ,..,Aug. 31 , 19 84� •' �! ISSUEDTO ...A•.i...'Brown ........... ... ......... ................ ................. nkxtttfton" ' .: ,- Pursuant;,to .the' provisions, of- Chapter'b_.15 ,of the Laws of the, State .of:New York,;.1893;.and:Chapter 404 of the Laws of +he ' v b "� State-of Ne.w Yo.rk,'1952; a•nd'the $oufhold,Town, Ordinance, ,en- titled "REGULATING'AND�THE PLACING OF OBSTRUCTIONS • IN_AND ON TOWN WATERS AND LIC-LANDS and the REMOVAL OF;SAND,.,GRAYEL OR .OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;"•and in accordance with the ' € ;• �; Resolution of The Board adopted at a meeting held on August. ,3,0 , x,, ;• and, in consideration of the sum of-•$...5:.'.0.0.......... paid by •%� `;f Az`�-_� F�•,�I George A� Brown ........................................ .. .. . ................................................................... F' y %tet ' �' .Cutchogue ........ of .N. Y. and, s bject to the. Terms: , and Conditions; listed, •on • the - reverse side hereof, . ' ►'j ,. N., c�� of Southold-Town Trustees,,authorizes'.and permits the following: Application approved under the Grandfather Clause i. to: secure a permit ,for,4 a .;xamp,,and float Alin East Creek as per application submitted. ,, •.� �t1� ., all inaccordance_with the detailed.. specifications- as presented in '�" ;; '• � - ' ': 1i the originating application. IN,WITNESS WHEREOF,, The said Board of Trustees here- :6y causes its Corporate,Seal to be, affixed, and these, presents to 3" al be subscribed by a majority of the said d as:of this date. . Ln Trustees .., \ �a' �� .-fit'..':a:t��.�..so-'s�.�.��'� T'".=.����.�`..:L.f.F�r s�i"..w,c=��v�•_��"�:dE.�r_�_+=:5„'�...%::�r,�<�C��'✓��''.�.3."����,�-'•mss: y § � %/,;�•-;:� �i/,:: 7/.vim .�/-" /r.` •"�fsc _ A�V- :•G�-:•,•`i'11 �...r....(�p►- .;y3� ��- '�%_r'"•,•. .•S.•�� ,�a � •r�, ,�.;. �A ;'� s, ^.� "" �y � ::eyed • ��- •��",.�.,�j,.. :t , ,.0?v''� 'i+�• "�� m��°r:�:� tet"' 'jc.•i;,`:�_, °icy�:t�ta�.� :l'%j�•�'..' '' "�' Please tear off and -return to the Trustees Bocard Of Southold .Tov,/n T ruste,es SOUTHOLD, NEW YORK Phone No. MOORING NO. PERMIT NO. DATE: ISSUED TO I., cer;.ify . that the wor}; as authorized in this 'permit has- been ccmpleted and is now ready fcr vour inspec- tion. Also, the nun*-- regsired , on this project is clearly visible. 'I further understand this permit is not valid until this, tear sheet is returned to the Trustees. .:-;•,, -;,,, -•, i . .. ., .;iw, 4;'.r" •-•a° i, tk:fie •m:�, _ "- s':' , ., v` .h,i,k .., „,,.'lr�iy>, •1,0.-. ,�d.,,. > I, '_ ,LTi .... " \ + f ' z TERMS acid-CONDITIONS The Permittee George A. Brown .iesiding at Cutchogue' N. Y;,,as `part of the consideration for the issuance of r.the'Permit Edoes.undersiand,and,pr be to the fol= lowing: 1. That the Southold Trustees Permit must be prominently, displayed on the premis=es :etfectedT thereby during the period o;f-•- That the said Board of Tiustees'`arid` the`Town rbf Southold are released from any and work` all damages, or claims for damages, of suits arising directly or indirectly as,a result of any open- . •unde" • i3tion performed pursuant to-this..,perm'14-anid thd'said'-`Permittee will,-at his or her own expense;'' the i defend any and all such`suits Initiated t'.by' hird',pardes"and the'said Permitteeassumes full liability,peri with respect thereto, to_'the.,comple ie', lusiou`'of`the'Board of Truste4.df the Town of Southold 3.- That this Permit is'valid-for` ,a {period of mos. which is`'considered to be the , y-!,e^fY ! suf f ieient time required to complete the work'involved;•but'should circumstances warrant, request ' for an extension Vinay be made''to 'the Board'�a[ a dater 'date. 4.; That,this Permit.should be retained indefinitely, or as long,as the said Permittee wishes ' ; v to maintain the `structures or project involved,° to`provide`vvidence to anyone concerned that autl% orizaiion was originally obtained. - I' Board.,o l �` • 5. That the work involved will°b`e subject to the inspection and approval of', Bo r -+ its agents, and-noa-compliance with the provisions`of the+:origiaatingYapplication,may be cause'for= revocation of 'this Peiinif,by`resolution of=tlie�saidBoard: a : 6 That there will'be no'unreasonable ifitefference with-aavigation�=as•"a,result of the work 'Herein-authorized. ,_*:: s 7. That these shall be no=uiferfe`rerice with°the-r'riglit'of=the 'public«to'pas's and repass along st,' the beach between high and low water marks. x $ That if future operations of,the Town"of'South0Td require the''removal and/or alterations ; -t in the-location,of'the work 'herein":'authorized, br , ;m ,the opinion of the-Board'of Trustees'-the work shall'-cause unreasonable'obstr"nction to,Ifree navigation,'"thersaid, rmittee will be requ�-" U pon due,notice;to remove or alter this'work or project herein stated without expenses to the`'Town . of Southold: 9 . That the said Board"will be notified-by Mike Permittee os rtlie`completion:of the work auth- orized. (See tear 'off sheet. ) 10 . That the Permittee will °ob'tain 'ally other permits and consents that`may be required sup= ' plemental' to this permit which may,-be subject to revoke up911`,faMr6—to;obtain same. ;a vitt .!' . r••;: f . ' ir��{n!,!„ _ •�.��j\,+-,'',, fid, \ i �V�•r- ^'r9r°J'••+.L„•.;�:'•� .s't•_ - .i,+:'i.l t. \A ,'1. lis - ,.-. _S. ' !i - •:v: _ ..�,:_' a T _. ...r F_ ..... .. .� :i'«t�-3'iyi'e�.x'",,t`4 v:'.�i:a: a�d•a+.'M•'.»` :�Ft,.i�:f'. - t I C=3 TELEPHONE (516)765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 12, 1984 Dear Mr. Brown: Transmitted herewith is your permit which was granted under the Grandfather Clause, for your structure. Please post your permit number on your structure, so that it can be seen from the water. Thank you for your co-operation, in regard to this matter. Very truly yours, Board of Town Trustees Ilene Pfiffe ing Clerk to Trustees Attachment Name of Creek: •\ jp TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 GRANDFATHER APPLICATION 1. Name of Applicant: ,� a 2. Address of Applicant: �� ,@ /A 73��t/a t, r , y iz &CKvtof Qr-lyz-eE v f15-�70) 3. Telephone Number: TF �-- �? TO 4. Year of Construction: tl 5. - Sketch of the work including sizes: Z lA 6. Mark off on the map attached, where your property is located using an X. Signature: -� Please note that there is a $5. 00 filing fee, which is a one time fee, for this application. Mooring Applications- $5. 00 Application Fee and a $5.00 annual renewal fee each year. �oo DHy TELEPHONE (516)765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 CREEK STRUCTURES INVENTORY f t -VV4 IS t^a^E<f�ti" tY�tat1 GF j- iL �" Current Owner' s Name: P?r°o0iV1 Flu es tiw 'w Index No . Address: Creek: Purchase Date: Telephone No. : Date of Field Work: 7 a Previous Owners: Permit Applicant : Permit No. : Permit Specifications: Specifications Found: l�4g � � �; = .'l: 1.t„� x its Ro0j 0 Condition: n?,It�, i� J1 €t- tom tri r ,. ��t� �,/fj J Comments: hl;Viz tR 1�t A: > iL i ?.� '€`• �Lt a t`1 7;".i'�K.. ��".,C�„�;f•�,L~-''�,� _'+`...`�r�.c� `/'::t'.a `—. =-' ^.���d ;''.� c-4-Z)y"`� ,CL r ”'t._.;=- .?` d "' ry \ a�\ \ \ \ \ \ \ 'ps v \ 5•• \`d S14OREONEy g \ ` \\ \ \\ \ s° �+\ �N� .. ,r, '.7• 6B i\ ,O \ \ �. \N\ 0° \1y\ \ N\ •s \� a' \ m �\ �i/sel ''``\ 60 bd to i• .. - ._ . 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'*:�:\S"•. ..?:r,ir :L>� _,f ��'•`- `-'Y:rd^.;,c - - �< �. ".-u sfs..S>v.�`,r�y1�„.:ate .. `s:.: .J' ;Y.?.`.-'-:• - _ ` C' - -'tom+.. :r �� I ,f`•' ,,{,,,rs.+`•.y, at- .Y ”: , `i'rµ,t`�} rc 1'�Ys'�.s�,���.!y�„7?n'!�.'y�.r,y,,v.,ii•s..-}.,-,.5>;'.`.}' µ;ti-• -- :.lt'n"'q?r: �:r;:`-.Y a,:.,;" 'x rt; • - Q•`•. ,tt,:" P.; a ... �� :�+t �.^ti{1,i•".i`::M4s5h t- ..A:':R,.. .d:`•:�"'���,��� �2Di�-4• r • .'f�'i�-._t _ ((.. _ .'K:,<:Y>A'•.4' J` `.�rr'✓{�':k+7't i}.r�°"�M e .�{.•. vex v"p.''ie�:r -.+y': �!✓-_, ,�.. .''.-4, '�R` {-`. •d;x.0,�;�!;,�LI:�' a;�„,,a•11-8"'.`%7zk.'�::...(��TGy. ':.?-z :<F'- �r.•Y:,;a:c`;'LS'ic':iS.->" _ - .. , �., •:4..,.�� •G:' "`£�'-�,-.�,1'k'-ra5`-+,,e;5a4,,... yk�':i:� :'L- t::`�.A:^"e�%s'C'".i•.d r .. - 5.5.�_`�5 ' - --moi'•' ,.t ri +ate'" s� ;d'�Sr^ '_r'`, -. 'rr�-r •. ';ro'F,.g- :rya 2 ^w"• \;',, - ti, IiN s�✓9 p'K,Lr.'�` s',�� TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 Dear , yi July 1, 1984 Sorry we missed you. _. . The Trustees are surveying the marine structures of Cutchogue 's creeks for the purpose of establishing the accuracy of the town records. Now in our third season, we have completed the inventories of Laurel and Mattituck. creeks. We will greatly appreciate your help in this endeavor. Please, check your records for a permit for the an em rtDc.�. , which appears to be on--yaur--propeTtyo If you have a permit, simply post the permit number on the structure. If you do not have a permit, please complete the enclosed application. Respond to the Trustee' s office in 'Town Hall with questions and/or completed applications. Thank you for your cooperation. Sincerely, Lori E. Brooks Deborah A. Shalvey, Creek Surveyors for Southold Town Trustees Henry P. Smith, Pres. d !. C77'• F - ' •� �t� t._l.. (�!Y' r. - .p t 1 i� D' f" '-f _{ Rens�ms o.,ao x m M0 s m �o°.aoaa M31 14 o s p, M" •. `W .�a*"-mak ' m 'M — ------------- 4 —_________Ya TN-1 (�l I Q2 k4 • P ur P �(� k� �,PP 'r/P � ASE � `�,•� f 14, lz (�) �"" NOTICE I COUNTY OF SUFFOLK © K o' SOUTNOLO SECTION NO E ------ z, — -- d.w— -- Rea�'mperty Tax Sewioe Agency v _ w --- ---- M OFFICE LOCATION: S® MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) 1W Southold, NY 11971 aAl Telephone: 631 765-1938 OWN, LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM tr- MEMORANDUM OCT 162015 To: John Bredemeyer, President ° -----� Town of Southold Board of Trustees u7L9a,�a iL`vn From: Mark Terry, Principal Planner LWRP Coordinator Date: October 16, 2015 Re: LWRP Coastal Consistency Review for GAYLE B. WALLACE SCTM# 1000-136-1-1&5 GAYLE B. WALLACE requests a Transfer of Wetland Permit#1866 from George A. Brown to Gayle B. Wallace, as issued on August 31, 1984; and for an Amendment to Wetland Permit#1866 for the existing dock consisting of an as-built 8'6"x11' platform; a 3'x25' walkway; a 3'x19'8" aluminum ramp; and a 5'x30' float. Located: End of Right-of-Way on Briarwood Lane, Cutchogue. SCTM# 1000-136-1-1&5 The proposed actions have 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 actions are INCONSISTENT with LWRP Policy 6, specifically 6.3 (below) and therefore, INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The dock was built without the benefit of Board of Trustee review and permits. A permit (1866)was issued for a dock in 1984, however, the application specifies a different configuration. The plans are deficient to adequately assess the dock structure. The existing dock line should be shown. 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 -I L. 1 Peter Young,Chairman y - Town Hall,53095 Main Rd. Lauren Standish,Secretary P 0.Box 1179 i Southold,NY 11971 Telephone(631)765-1889 Fax(631)765-1823 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., October 14, 2015 the following recommendation was made: GAYLE S. WALLACE to Amend Wetland Permit#1866 to maintain the existing dock and ramp consisting of a platform 8'X 11', walkway 3'X 25', aluminum ramp 3'X 19' and floating dock 5'X 30'. Located: Harbor Lane ROW, Cutchogue. SCTM#136-1-3&4 The CAC did not make an inspection, however, the square footage of the floating dock exceeds 120 sf. per Chapter 275. 10/13/2015 16:23 FAX 1516 742 7088 FAVATA & WALLACE Z001/001 WILLIAM G. AND GAYLE B. WALLACE 31 Irving Place ----- Rockville Centre,New York 11570 G E 1 OCT 13 2015 October 13,2015 ; otrtho n via facsimile oxLE 21) 765-6641 SOUTHOLD TOWN BOARD OF TRUSTEES 53095 Main Road Southold,New York 11971 Re:Application of Gayle B. Wallace for a transfer of wetland permit no.:1866 from George A.Brown to Gayle B. Wallace and additional relief Date of Rearing:10121115 Dear Sir/Madam: This is to confirm my telephone conversation with Diane of your office wherein I advised that the Notice of Hearing and related documents was not received by us until Tuesday,October 13,2015. Evidently we received it in the mail at our home October 10,2015,but were away for the weekend. Accordingly,it is impossible for us to comply with the advanced service of notice and posting. I have requested and Diane has agreed that the hearing has been adjourned to November 18,2015. Thank you for your continued courtesy and cooperation in this ma r. Resp ly yours, Wil iam G. Wallace Gayle B allace WGW:/g John M. Bredemeyer III, President ��®f S® Town Hall Annex Michael J.Domino,Vice-President �® �® 54375 Main Road P.O. Box 1179 James F. King,Trustee Southold, New York 11971-0959 Dave Bergen,Trustee mac` ® a0 Telephone(631) 765-1892 Charles J. Sanders,Trustee �10 OU0� Fax(631) 765-6641 ( tea V E F3 i. k- 7 Z� �iI1 BOARD OF TOWN TRUSTEES ' ?cJ TOWN OF SOUTHOLD AUG 2 8 2015 ; 1 � J 1 Akffs S IG 0-fd Taxan r fus APPLICATION FOR AN TO A WE A1QII"7P DATE / � f/ 611- Oh-U&F OWNER VO 04w,C PHONE MAILING ADDRESS ) V ) c"� I pCpaT /ul Of 7D AGENT PHONE J �6 � / dZ1y ADDRESS PUP�� 'OP/ a&A, a(o /k /sJ3 PROPERTY LOCATION bk)xkl"J 6 LA -_.Cwr)46 up TAX MAP NO. I/We 1�u �' Ql/,� request an Amendment to Permit# to4, 6jzv11jC1- rk 6 yr d B Signed : 1� VV�� g Y • j Y John M.Bredemeyer III,PresidentQF SQjJ '® Town Hall Annex Michael J.Domino,Vice-President �Q 54375 Main Road P.O.Box 1179 James F.King,Trustee Southold,New York 11971-0959 Dave Bergen,Trustee G a pl ane 3 ?!6 -I 92 Charles J.Sanders,Trustee �I��QUa ` ' 11 4 s j AUG 2 8 2015 ? J BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Tativn� APPLICATION FOR AN WENDMENT TO A WETLAND PERMIT DATE , o Ls- OWNER(jQ V l - �C � PHONES I lo— 3 1-3 - ?)7 O ZS MAILING ADDRESS PO 60 D(O 2 ,O�CY QR LP-e�n CY I I 35 AGENT,�I -hornG.WaAW(ePHONE 'J( (o b4 -c_jS( `V,cr r Q , ADDRESS a � � >Fl� V-40I CJD PROPERTY LOCATION HQ i,6o' Ladle Ct_+CkQTye TAX MAP NO. dee . 13 to PJ1 oc l Lo+-5 3 Ea.s+Cree k UWe gow le 8, Oa- request an Amendment to Permit# l 9(O 10 a • 0 to f VYII _ Ul c 0LAk& --(A O�M— 5AA-) :5 D 'I, Signed By: ���- Bc, ':I of Trustees Application!' + l AFFIDAVIT J BEING DULY SWORN DEPOSES AND AFI 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 BOARD OF 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, INCLUDING THE CONSERVATION ADVISORY COUNCIL,TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH THIS APPLICATION, INCLUDING A FINAL INSPECTION. I FURTHER AUTHORIZE THE BOARD OF TRUSTEES TO ENTER ONTO MY PROPERTY AND AS REQUIRED TO INSURE COMPLIANCE WITH ANY CONDITION OF ANY WETLAND OR COASTAL EROSION PERMIT ISSUED BY THE BOARD OF TRUSTEES DURING THE TERM OF THE PERMIT. i )ture of Property Owner SWORN TO BEFORE ME THIS � DAY OF 920 /5— Notary 20isNotary Public DIANE DISALVO NOTARY PUBLIC-STATE OF NEW YORK'` No. O t D1475593 Qualified in Suffolk County �Z My Commission Expires April 30, 20 ' I , 617.20 Appendix B Short Environmental Assessment Form `];nstr6e Ions for Edinpletin� Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part I-Project and Sponsor InformationG, a V )/0- n �C C Name of Action or Pr sect: . Project Location(describe,and attach a location ma : (-' ,Eas--�Cvee �,, Cu-_+Arwue D-�cP&1avU_-X)0kW Brief Description of Proposed Action: M0aV)+0_kV\ ey_� 'hna' &ckomdacoe Name of Applicant or Sponsor: eephon-e: o 3r ^ �g EMail:Go e_ • V -ce L f1dnl aad .0 It7 Add ess: &x- City/P0: T ate: Zip Code: �-C V 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: El 3.a.Total acreage of the site of the proposed action? .$ acres b.Total acreage to be physically disturbed? O acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? , 6 °�D acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban El Rural(non-agriculture) ❑Industrial []Commercial WResidential(suburban) El Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Park land Page 1 of 4 5_ Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? .; ❑ b.Consistent with the adopted comprehensive plan? ❑ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural _ NO YES landscape? ❑ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: � ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES F1 .1 b.Are public transportation service(s)available at or near the site of the proposed action? rlzuq 0 c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ❑ 10. Will the"proposed action connect to an existing public/private water supply? n NO YES If No,describe method for providing potable water: Nih 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: _ ❑ ; 12. a.Does the site contain a structure that is listed'on either the State or National Register of Historic NO YES Places? ❑ b.is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland orwaterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: tt._II 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ,Shoreline El Forest ❑Agricultural/grasslands ❑Early mid-successional 19'Wetland El Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is-the project site located in the 100 year flood plain? NO YES 17.Will'the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, ❑ a.Will storm water discharges flow to adjacent properties? �NO EIYES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: &KO AYES Page 2 of 4 i 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size:_ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: F I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE C" Applicant/sponsor n e C Date:, l�J Signature: co _ Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1, Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? l 2. Will the proposed action result in a change in the use or intensity of use of land? (i� El 3. Will the proposed action impair the character or quality of the existing community? t ► o' 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? o' 7. Will the proposed action impact existing: j�{ a.public/private water supplies? !� b.public/private wastewater treatment utilities? ci S. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 i w No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage ((�� problems? 11. Will the proposed action create a hazard to environmental resources or human health? 01 Q, Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. s QCheck this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or sign ificant'adverse impacts and an fenvironmental impact statement is required. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town of Southold-Board of Trustees Name of ad Ag ncy Date Jb k w President Print or Typ ame of Responsible O (icer in Lead Agency Title of Responsible Officer Sign u of Resp nsi e fficer in!ea Agency Signature of Preparer(if different From Responsible Officer) PRINT Page 4 of 4 J GAYLE B. WALLACE 31 Irving Place Rockville Centre,NY 11570 November 16, 2015 SOUTHOLD BOARD OF TRUSTEES Town Hall Annex 54375 Route 25 Southold, New York 11971 Attn: Diane DiSalvo Re: Gayle B. Wallace Date of Hearing: 11118115 Affidavit of Posting Dear Ms. DiSalvo: Enclosed please find my original affidavit of posting. My records reflect that jurisdiction is now complete. Very truly yours, 1Gayle B. Wallace GBW encl. FNOV 1 7 2015 $ r I . f v John Bredemeyer, President �pgt1FFD(� Town Hall Annex Michael J. Domino, Vice-President Coe-,e-, 54375 Route 25 James F. King ti P.O. Box 1179 Dave Bergen • g Southold, NY 11971 Charles J. Sanders 'ar, , �a°! Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of GAYLE B. WALLACE COUNTY OFA)NasscL - STATE OF NEW YORK) AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS IN PLACE FOR EIGHT DAYS i I, �' Q , residing at/dba 3 -T�.kv i\og P Ince, C be V I t e Ge n`��,e, AQW Vo r k It S being duly sworn, depose and say: That on the ? day of N ooetnW,er, 2015, I personally posted the property known as 15-0 2)u 1'0Ly-WC)C> 1 Lane I H0_r-1Pbr- �_2Y12, CLC-�Ck-Aup, N I I g 35 by placing the Board of Trustees official poster where it can easily be seen, and at 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 Wednesday, November 18, 2015 Dated: fi Dveftbo-1 �1 l�j r '1 signature Sworn to before me this /4 day of/VQVgfnkC� C�61J Notary Public ANNE AYALA NOTARY PUBLIC,State of New York No.4832967 Qualified in Nassau County n� Commission Expires March 30, C 1 ROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: Vera Cusumano 435 Briarwood Lane/P.O. Box 1179 Cutchogue,New York 11935 Michael Curran 315 Briarwood Lane/P.O. Box 480 Cutchogue,New York 11935 Susanna Curran 315 Briarwood Lane/P.O. Box 480 Cutchogue,New York 11935 Patricia Brown Harbor Lane/P.O. Box 1062 Cutchogue,New York 11935 Gayle B. Wallace 31 Irving Place Rockville Centre,New York 11570 Fred Carcich 350 Briarwood Lane/P.O. Box 39 Cutchogue,New York 11935 Mary Ann Smigelski 350 Briarwood Lane/P.O. Box 39 Cutchogue,New York 11935 STATE OF NEW YORK COUNTY OF NASSAU Gayle B. Wallace, residing at 31 Irving Place, Rockville Centre New York 11570, being duly sworn, deposes and says that on the 5" day of November, 2015, 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 Garden City,New York 11530, that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. ayle B. Wallace Sworn to before me this S' Day of NoyFmioL ,2015 LATCNMAN SEEMUNGAL Notary POP%State of New YO* Notary Public No.:01 SE6013480 Qualified In Queens County Commisslon ExpUes September 14,2OLi 1 Postal vice CERTIFIED -- O RECEIPT !• ervic toI. ° 'CERTIFIED , RECEIPT nly 1� 1 • (,f�,� ru a ru c F �• N I. ° r' Postage $ EW N • F � A U �- r' �y N yp N r- L/_� �- Certified Fee "T � Postage $ -� V` Postmark p Return Receipt Fee Q Z v Hera JOS ' � Certified Fee s`� O (Endorsement Required) r CJS ,` 7 r 1:3 0 Return Receipt Fee /�� ,<A Her Restricted Delivery Feed (Endorsement Required) C7 (Endorsement Required) V .F d 0 Restricted Delivery Fee PCJ (Endorsement Required) US O 5 6 = Total Postage&Fees $ . ` D O Er J M Sent To "'` Total Postage&Fees . I L � N`�10. 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OWNER(S) OF RECORD: GAYLE B. WALLACE SUBJECT OF PUBLIC HEARING : For a Transfer of Wetland Permit #1866 from George A. Brown to Gayle B. Wallace, as issued on August 31 , 1984; and for an Amendment to Wetland Permit #1866 for the existing dock consisting of an as-built 8'6"x11 ' platform; a 3'x25' walkway; a 3'x19'8" aluminum ramp; and a 5'x30' float. Located: End of Right-of-Way on Briarwood Lane, Cutchogue. SCTM# 1000-136- 1-1&5 TIME & DATE OF PUBLIC HEARING : Wednesday, October 21, 2015 — at or about 5:30P.M. If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. 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. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its sirug_ficant beneficial and adverse effects upon the coastal area(which includes all of Southold Town. 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supporting facts. 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 PROPOSED ACTION SCTM# ) 36-�_- 4 PROJECT NAME 1e a - The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees 1. 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: td Nature and extent of action: �� �r � ��( �� ]Q+-C 50 ' L- . M c g �� a Location of action: 'Ea-s-� eC "V Site acreage: Present land use: Present zoning classification: 2. If an application.for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: \ (a) Name of applicant: (-'-I a\/le- Oa I IQC'- (b) Mailing address: ® e:)o)( D t0 a OLA--�-Ck M1 I I (c) Telephone number:Area Code( ) J I to-7- S - (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No If yes,which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. D <"VELOPED COAST POMCY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III--Policies; Page 2 for evaluation criteria. ❑Yes No Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See L]WARP Section Ill—Policies Pages 3 through 6 for evaluation criteria r] Yes ❑ NoX Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual duality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes ❑ No k Not Applicable 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 S through 16 for evaluation criteria ❑ Yes ❑. NoN;Rr Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water duality and supply in the Town of Southold. See LNM Section 1111 —Policies Pages 16 through 21 for evaluation criteria ❑ Yes a No IVNot Applicable 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. ❑ ❑ , s Yes No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. Yes r]No Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LVRP Section III—Policies; Pages 34 through 38 for evaluation criteria. Yes. Nox Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluatio'n criteria. Yell No.0 Not Applicable Attach additional sheets if necessary WORNING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See L Section III—Policies; Pages 47 through 56 for evaluation criteria. �❑ Yes ❑ NON O Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and 'Town waters. See LWRP Section III ' Policies; Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No)K Not Applicable ` Attach additional sheets if necessary Policy 12. Protect agricultural.lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. Yes ❑ NoNot Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ NoX Not Applicable PREPARED BY Q- !J, WO, I tG—CIP TITLE LO V)'e(� DATE � 0 1 IS `1 Ram a l ;' r1 v��4 vva ym . ECEIVE AUG 2 8 2015 k .. 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