Loading...
HomeMy WebLinkAboutRAFFERTY, GERALDPolice Dept. - Bay Constable Town of Southold Peoonic, New York 11958 NOTICE OF VIOLATION SEP~ 3, 1993. Date: ................... , 19 GERALD RAFFERTY To; .... "-- 75f~;;- ~;- 7~ 7~ ~- ~V-i ~/~]~ %57,.7~ ~ ~g ~ g~,7~ 7,. ~ ~ ....................... .__...._____---------------------.-..------------..------. 9205 SKUNK LANE, CUTCROGUE, taaaress or owner or ausnorlzea ageng o~ ownez'l Please take notice there exisLs a violation of the Code of the 97-20 Town of Soukhold, Chapter 97 Article ............ Section THAT A FENCE ItAS BESRq PLACED at premises hereinafter described in hhat ............................. WITHIN 75' OF A TIDAL WETLANDWITHOUTA V~IDTRUSTEE~'S PERMIT You are therefore directed and ordered to co~ply with the APPLY TO THE BOARD OF TRUSTEES FOR A PERMIT TO LEAVE following: ....... ........................................................ TIiE FENCE J~ PLACED OR R~0V~' A~ P~IR-'DTRECTION, on Or before ---k~-2--~--day of-------v OCT ........ , 19__9_3____ The premises to which this Notice of Violation refers are situated at: ~2_5_03_K__LB~___LAN__E_C_U_T. CHOGUE Town of $outhold, Suffolk County, N'.~. (surf. County Tax Map Desi~'nation: Dist._~//~ Failure to comply ~vith the applicable provisions of the law may constitute an offense punishable by fine or impriso~l~ent or both~ NOTICE: You have the right to apply for a hearing before the Board of Trustees of the Town of Southold, provided that y'ou file a written request with the Clerk of the Trustees within l0 days after service-of the Notice of Violation. Such request shall have annexed thereto a copy of the Notice of Violation upon wh~c)l a Hearing is r~quested and shall set forth the reasons why such ~6t~i/ce of violatiQ~ should be modified or rescinded,. / k%/a-y Co~stab~e, Tow~f $outhold, NY Albert J. Kmpski, President John Holzapfel, Vice President ~im King Martin H, Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTiq',I~'$ TOWN OF SOUTHOLD January 7, 1997 ~eratd Rafferty 9205 Skunk Lane Cutchogue, ~Y 11935 RE: SCTM 104-3-16.1 Dear Mr. Rafierty: The Board asks that you meet with them on Wed., January 22, t997 at 12:30 in the conference room to discuss the situation at the above referenced property. Please contact the office to confirm ~his appointment. Thank you. _Sincerely, Albert J. Krupski, Jr. Board of Trustees AJK: jmd cc: Town Attorney LAURY L. I)OWD TOWN ATTORNEY JEAN W. COCHRAN Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1889 Fax (516) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD TO: FROM: DATE: RE: MEMORANDUM Al Krupski, Jr., Trustees Laury L. Dowd, Town Attorney November 19, 1996 Rafferty Here is the title search, which I believe shows that both the Trustees and the Commoners deeded their property south of the dredged channel. Rafferty owns halfway into the old channel, but does not own lands north of the southerly channel line or the high water mark of Hog Neck Bay. Let's meet to discuss. I have enclosed the bill of $100 for the search for your Department to pay as we agreed. Albert J. Krupski. President John Holzapfel, Vice President . Jim King Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: FROM: RE: DATE: Chief Conway A1 Krupski, President~Q~ Board of Trustees (~9 Gerald Rafferty Propert~ 9205 Skunk Lane, Cutchogue August 23, 1996 Please note that the Board is working on the situation at the above reference propertTo We will keep in touch with you as things progress. If you wish to look at the file~ please do so. Albert J. Krupski, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southolck New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 9, 1995 Margaret F. Mc Coy 655 Third Avenue New York, NY 10017 Re: Gerald P. Rafferty SCTM 4104-3-16.1 Title No. 953-048S Dear Ms. Mc Coy, This letter is in response to your letter requesting additional information on the Gerald P. Rafferty matter. In the 1960's Suffolk County dredged a number of creeks in Southold Town to provide increased boater access. One of the results of this poorly planned venture was to make every channel deal straight. The problem with a dead straight channel is that it totally disregards the natural flow of ebb of the tide which has kept these waterways open to the bay since the glaciers receded. Natural forces begin acting immediately after dredging to recreate the original flow of the tide. In the course of straightening these channels, the old channel bed was frequently filled and a new one created. As in any real property, if a change of elevation occurs this does not equal a change in title on the property. Under the Andros Patent, of 1676, Southeld Town owns all underwater lands within the boundaries of Southold Town. There have been numerous cases during the dredging of the '60's that the Southold Town Board of Trustees granted quit claim deeds to adjacent upland owners to provide their continued access to the Town owned creeks over dredge filled land, land which was Town owned wetlands but filled by the dredge spoil. There are also areas in the Town that Suffolk County on a private interest filled in Southold Town underwater lands where the Town Trustees still hold undisputed title. I believe this to be the case on Little Creek, next to Mr. Rafferty's property, where the County filled in the original creek bed. ?ne surveys provided will show the oId channel with the new channel superimposed on them. I believe that unless Mr. Rafferty can produce a q~it claim or other title transfer from the Southold Town Trustees, than this old channel bed, filled and unfilled still remains the property of Southold Town. If you have any additional questions, please don't hesitate to call or contact me. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK/djh Encl. Albert J. Kmpski, President 1ohn Holzapfel, Vice President William G. Alberrson Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 october 4~ 1994 Cron & Cron Esqs. P.O. Box 953 Cutchogue NY 11935 Re:' Gerald P. Rafferty SCTM ~104-3-16.1 Dear Mr.' Cron, After reviewing the application of Mr. Rafferty, SCTM ~104-3-16.!, the Southold Town Board of Trustees believe that the applicants proposal is located on Trustee Patent lands. I have enclosed a copy of a survey that shows the original configuration of the channel. By virtue of the Andros Patent, the creek bottom is owned by the Southold Town Trustees and not by any private individual. This includes former underwater lands' that were filled in by County dredging operations. Any claims to such Patent Lands would'need clear title that prewdates the Andros Patent of 1676 to be valid. If you have any questions, please feel free to contact me or the Town Attorney. Sincerely, Albert J. Krupski, Jr, President, Board of Trustees AJK/djh ~ert J. Krupsld. Presiderit .~ Holzapfel, Vice President William G. Albertson Martin H. Gan-ell Peter Wenczel BOARD OF TOWN TRUST~IZ, S TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold.. New York 11971 Telephone (516) 765-1892 Fax (516) 765~1823 May 10, i994 Cron and Cron P.O. Box 953 Cutchogue, NY 11935 RE: Gerald P. Rafferty SCTM %1000-104-3-16 Dear Mr. Cron: The Southold Town Board of Trustees find that the fence illegally erected on the above referenced parcel will require an application for a wetland permit under the standards set forth in Chapter 97 of the Town Code. We will review this project upon receipt of a complete application. You will find an application enclosed. Thank you for your cooperation in this matter. Sincerely, President, Board of Trustees AJK:jmd cc: Gerald Rafferty Bldg. Dept. TRUSTEES John M. Bredemeyer, III, President Albert J. Krupski, Jr., Vice President HenD' P. Smitl~ John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 August 18, 1992 Patricia J. Wo!leben t640 Sterling Road P.O. Bcx 307 Cutchogue, NY 11935 SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ~,{le:~4-~'(' '73q Re: Riparian Rights Dear Ms. Wolleben Confirming our conversation in ~ne office of the Town Trustees on August 8, 1992 in the afternoon: The right of you, your progeny or anyone for that matter to move along the foreshore freely below the mean high water line an~aged in ~eace~b!e and ~awful activities in. said area, is known as a riparian right. ~a~nese rights extend to all residents of the Town moving below mean high water, a veritable right-of-way to freely navigate the area by foot, boat or any lawful manner. For those waters.fronting Peconic Bay a similar right exists for all residents o~ the State who wish to move on foot below mean high wa~er. Although this office can not speak for New York State, for those waters and underwater lands under our direct control (ie the creeks) a person would of necessity have had to secure underwater riparian rights pr~-dat±ng the Andros Patent of 1676 or a deed from the Town Trustees subsequent to that date for them to assert a right contrary to this common law heritage we all share. Kindly use this letter in any positive/friendly forum, to educate others as to your (our) common rights. A word of caution is that it is often prudent t~ exercise ones riparian rlghts in a peaceful and directed manner. Absent your children directly engaging in d±scernibla recreational activities or traveling from point "a" to point "b" they should not "dawdle" in front of the proper~y of a potentially hostile person(s). If this office can be of further assistance in this matter, please do not hesitate to call. Sincerely, John M. Bredemeyer, III President, Board of Trus=ees JMB: jd cc: Town Attorney Telephone (516) 765-1801 TO: SOUTttOLD TOWN CONSERVATION ADVISORY COUNCIL Southold Town Board of Trustees Town Hall, 58095 Main l~oad P.O. Box 1179 Southotd, New York 11971 FOWN----OF SOUTHOL[ . FROM: Southold Town Conservation Advisory Council DATED: September 22, 1994 RE: Recommendations A meeting of the Southold Town Conservation Advisory Council was held Thursday, September 22, 199u, at ~:00 P.M. Present were CAC members Stephen Ange[I, Robert Keith, Jack Hagerty, Patricia Isaksen, Allan Connell and Betty Wells. The following recommendations were made: DISCUSSION AND RECOMMENDATION OF WETLAND APPLICATIONS No, 1183 Moved by Robert Keith, seconded by Stephen Angell, it was RESOLVED to recommend to the Southold Town Beard of Trustees APPROVAL WITH CONDITIONS of the Wetland Application of MATTITUCK-SALTAIRE ASSOC. INC. 94-1-5 to replace existing stairs to beach (top flight only) after storm damage 'by erosion, 40~ x ~. Repair balance of stairs to beach in kind and in place l~eing careful of existing growth on hillside, with a 6~ x 4~ platform at top of stairs. Council recommends approval provided the stairs are 4' above ground level and the area beneath is planted with beach grass. Also, the dumping of vegetative debris over the edge of the bluff should stop. The debris is smothering the vegetation on the bluff. 1330 Saltaire Way, Mattituck - Vote of Council: Ayes: All Motion carried. No. 1184 Moved by Stephen Angell, seconded by Patricia Isaksen, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Wetland Application of GERALD P. RAFFERTY 101t-3-16.1 to erect a snow fence 30~ in length as shown on survey and post signs. Meeting of 9/22/94 The Council recommends disapproval of the snow fence because no need is shown. The Council does recommend the Board of Trustees allow the applicant to post a sign. 9205 Skunk Lane, Cutchogue Vote of Council: Ayes: All Motion carried. No. 1185 Moved by Stephen Ange]l, seconded by Allan Connell, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH STIPULATIONS of the Wetland Application of BETH BLEVlNS 104-5-23 to relocate existing house to parallel property lines, 24 x 24 garage on east side, 12 x 33 deck on west side. Enlarge existing second, floor, enclose existing screened porch, full concrete foundation below raised house (excavation on y for footings, area inside foundation to be a crawl space above grade). Existing cesspool on west side to remain. The Council recommends approval provided the following stipulations are followed: 1. Move the cesspools to the front yard near test hole No. 2, as far away from the wetlands as possible. 2. Restore natural vegetative buffer. NOTE: Violation - land clearing should be stopped immediately! Northwest corner of Haywaters Drive and Mason Drive, Cutchogue Vote of Council: Ayes: All Motion carried. No. 1186 Moved by Allan Connell, seconded by Stephen Angell, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH CONDITIONS of the Wetland Application of THOMAS BOYLE 59-1-7 to construct 170 +/- I.f. of stone revetment and backfill with 2500 +/- c.y. of clean sand to be trucked in form an upland source. Purpose of structure is to prevent further erosion to property and concrete wall which is collapsing. Letter of Non-Jurisdiction req~.ested for construction of one-family dwelling, sanitary system, driveway, as shown on submitted site plan. The Council recommends approval provided the property owner maintain 50' east of his rev~etment (equal to the 50' currently eroded on east side of owner's property). This will protect his property from northeast storms and will avoid damage to the Southold Town Beach. The Council recommends disapproval of the request for a Letter of Non-Jursidiction for the single family dwelling. Project needs to go through the application process. Leeton Drive, Southold Vote of Council: Ayes: All ~' Motion carried. No. 1187 Moved by Allan Connell, seconded by Jack Hagerty, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Wetland Application of EDGAR DEBANY 88-5-58 to construct 100 I.f. of timber retaining wall in line with and attached to adjacent wall to west. A 12~ return will be constructed on east side. Eroded bank up to 12' landward of proposed wall location will be regraded and 75 c.y. Page 2 TRUSTEES John M. Bredemeyer, III, President Albert J. Kmpski, Jr.~ Vice President Henry P. Smith John B, Tuthill William G. Albenson Telephone (516) 765-1892 Fax (516) 765-t823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Office Use Only: Coastal Erosion Permit Application --Coastal ErosionVariance 'Application- ~Wetland Permit Application Waiver from Chapter 97(Application/peI Trustee Lands Permit Application Grandfather Permit Application ,~ Completed Apps..D~e~ ~/~ ~Inspection date. [/~,.~C comments-Date. Sent~_~ec.~[~J~q [ Yariance Required: (Y/N~/'7 I Neighbors notified-Date: SEQRA ~pe ~ ~Coord.: Date ~ SEQRA Determin./date:[~-fg FSnd~n~s: Approved (Y/N) Special Cond&t~ons: {see f~le) Permit(s) ~ssUed-date: DATE REC.: ATF!ic=_ti~ ~ Application Number;SCTM%1000- 104-03-016.001 Applicant: Address: Gerald P. ~affe~y c/o Cron and Cron,Esqs.,P.O.Box Phone Oate:~/~4 953,Cutchocue,N.Y.11935 (516) 734-5100 Interest: towner, Owner of Proper5y: Gerald Address 9205 Skunk Lane, consultantrlessee,etc.) Owner P. and Louise Raffert¥ Cu~choquet N.Y. 11935 Phone ~516) 734-7110 Subject Property Location: Same as above address (Provide LILCO Pole location map) Distance to cross Streets THIS IS NOT A PE~IT if hOE on Page 1 Yds. to be excavated: N/A Yds~ to be filled: Manner. in whiCh material will be removed or deposited: N/A Width of canal, creek Or bay fronting property: Depth at low tide: 8' ± Aver. rise in tide:~ DK Distance to nearest channel:BoA~ or~p Distance project extends beyond similar projects in area: N/A Area zoning: Resid. Land area in acres: 3.1063 Is project for private or business use: Private Intended use of property: R~s~denti~l Describe known prior operations conducted on premises: Suffolk County permitted to place pipes to dredge channel 300~'Bay Front 3~7!'DreSge~ Ohannel Has any prior license or permit been issued dredge, or deposit fill on said premises: Same as above erect s~ruc~ures, Has any license or permit ever been revoked or suspended by a Governmental Agency: DK Project Description The project description must also include plans for reclamation of land disturbed during construction of the principle and accessory structures and underground structures (i.e., pipeline and septic system; make additional attachments if necessary). Erect snow fence 30' in length as shown on ~c ~ THIS tS NOT A pERMIT Page 2 County. of Suffolk ) State of New York ) ~1~ P. Raff~r~y, . 'BEING DULY SWOP~N DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT 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 SOUT~OLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(s) OR REPRESENTATIVE(s), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS ~J~ DAY OF J ~ ~ Y Suggested space for location Map THIS IS NOT A PERMIT BAY AVENUE SURVEY OF PROPERTy ~1'/' PECONIC TOWN OFSOUTHOLD SUFFOLK COUNTy, N,¥.