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TR-9337A
,rte-rz'r`r�='- ^'"S�FFOt,��- Michael J. Domino, President �oGy Town Hall Annex . John M. Bredemeyer, 1,11, Vice-President �o < , 54375 Route 25 Glenn Goldsmith ; t P.O. Box 1179, A Nicholas Krupski y • ���9' Southold, NY 11971 Greg Williams ` �ol Telephone (631) 765-1892 t Fax (631) 765-6641 SOUTHOLD TOWN BOARD-OF TRUSTEES YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE ACTIVITIES CHECKED OFF BELOW INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1St day of construction %2 constructed project complete, call for compliance.When prjp inspection; t Michael J.Domino,President h0��®f SU(/TjyO1 Town Hall Annex John M.Bredemeyer III,Vice-President 54375 Route 25 P.O.Box 1179 Glenn Goldsmith Southold,New York 11971 A.Nicholas Krupski �O Telephone(631) 765-1892 Greg Williams lyCOU '� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Permit No.: 9337A Date of Receipt of Application: October 1, 2018 Applicant: Todd Freed & Edith Webster Freed SCTM#: 1000-116-6-12.1 & 12.2 Project Location: 12400 New Suffolk Avenue, Cutchogue Date of Resolution/Issuance: November 14, 2018 Date of Expiration: November 14, 2020 Reviewed by: Board of Trustees Project Description: Ten (10) Year Maintenance Permit for the removal of invasive weeds and plants; and pruning of selected plants for improved root health to 4' in height. Findings: The project meets all the requirements for issuance of an Administrative Permit set forth in Chapter-275 of the Southold Town Code. The issuance of an Administrative Permit allows for the operations as indicated on the survey prepared by Peconic Surveyors, P.C., received on October 11;2018 and stamped approved on November 14, 2018. Special Conditions: None. Inspections: Final Inspection. If the proposed activities do not meet the requirements for issuance of an Administrative Permit set forth"in Chapter 275 of the Southold Town Code, a Wetland Permit will be required. This is not a determination from any other agency. Michael J. Domino, President Board of Trustees STREET ADDRESS. 12400 NEW SUFFOLK AVENUE SCDHS+ # = RIO-14-0019 SURVEY OF PROPERTY A T CUT'CROG OF TEST HOLE DATA (� u TOWN OF SOUTHOLD SUFFOLK COUNTY BY McDO BALD G30SClENCE Pu$,uc wq�R1N J� �. 6/11/13 1000-116-06-121 & 12.2 EL 6.5 DARK BROWN LOAM OL p 6 G i!1 SCALE: 1 J^30' 1 WqR ► SEPTEMBER 6, 2012 JULY 2, 2013 (TOPO do 8.0-H) BRAWN CLAYEY SAND SC � S TEMBERSEPTEMBER 0,6. 2013 (LOC VEGETATION ) -__ 3' "!F- 1 NOVEMBER 22, 2013 (SETBACK LINES do LOC. TREES) PALE BROWN FINE SAND SP � "�-.��•'+/ � DECEMBER 3. 2013 (EDGE OF fiEACN hi.A6'S) FEBRUARY 5, 2014 (PROPOSED HOUSE) r�, '*'l FEBRUARY 11, 2014 (SEPTIC SYSTEM} EL 1.4' -A 5.1' o�pA {r�C"$' {�ACgN� APRIL 24, 2014 (REVISIONS) --- fi �PU$LIC � MAY 20. 2014 (REVISIONS) WATER 1N PALE BROWN FINE SAND SP S7 "5$'2a�. R IN MAY 29, 2014 (REVISIONS) STRE 7 J'JLY 2. 2014 (ADDITIONS) _ JULY 29, 2014 (REVISIONS) � JANUARY 15. 2C15 (FOUNDATION LOCATION) 12' c• t , - 1 MAY 1Z. 2016 (FINAL) 1 • _ sl , � __- •yr`;`'- --,"r'�-Y-y ����,�7$ MAY 31. 2016 (REVISIONS) G r NOVEMBER 7, 2016 ) , NOVEMBER 17. 2016 (REVISIONS)IONSDRAINAGE CALCULA 33000 -��-- DECEMBER 20. 2016 (REVISIONS) �1 t '1j -`-� ! DECEMBER 29. 2016 (REVISIONS) SMALL MASONRY TERRACE t r .>1 ! z r r8 ~ "'�� JANUARY 09, 2017 (REVISIONS) c. � _ , JANUARY 10. 2017 (REVISIONS} I- 150 sq.ft. x 2" X i z 25 tuft �' . USE POOL DISCHARGE DRY WELL zO t.r:-= ��� rr •--r �T j 8'0 x 4' DEEP - 201 C.F. n j '� { r'a ,.,� ' LARGE MASONRY TERRACE ADJACENT TO HOUSE 1 46gft 464 sq.ft. x2'xt = 77.5 0. ' r r r y t OCT 11 2018 USE 80 DEEP 0 , I } 5 t = 1 � � r nsti9y,1..ter•�c �# , r .�. Icu r !�� � to I � a�.Ja„''�ra�,r�.'•r�;r � � � �?"� `Tri���?� SMALL MASONRY TERRACE ADJACENT TO POOL _ 8e r r /Fa^r �.?G; p}'c A.,y %- / rrl ! r IAS . A 374 sq.ft. , ' �>2Lt�y � r''• ' r E •=vlb 1 374 sq.ft. x 2"x 1 : 62.5 c.f. Z. 8'0 x 2' DEEP = 84.4 C.F. 3�`r �� i ••�� if `9 AY"c `,� _ " `fir ,t•' ' �t ,� V- 4. - . -w' '�, ,_ ,'�,;' �r f �'` NYDEC ADJACENT AREA TABLE r _ _' � � DESCRIPTION AREA LOT COVERAGE ra.F3. ~` AREA WITHIN 300' OF WETLANDS 45.122 sq.ft- OR q.ft.EXISTING HOUSE & PORGIES 4,550 sq.ft 10.11 IWWAY 8102 � Ir9A19 ava , 'r'q'�'r�'G - - _ J ' •`` PROPOSED MASONRY TERRACES 9S8 sq.ft. 2.2% aloi-I1f10S JO NM01 ON GRADE S331Sf1n AO asd08 r_a.tiG„� Or `I PROPOSED POOL 675 sq.ft. 1.9% �' � NF ,f K EXISTING BRICK WALK240 aq.ft. 0-5;6 /�8 a /\O a d d ` r �PLA16,-;• _ j; �, DRry WA ? EXISTING APRON 248 sq.ft. 0.6% Y ' EXISTING CELLAR ENTRANCE 63 sq.ft. 0.190 ( ti EXIST- B._8.-PART. OF DRIVEWAY 1404 sq.ft. 3.1% PROP. LOOSE SLATE WALKS 392 sq-ft. 0-996 TOPAL 8560 sq.ft. 19% p F. m - FTN MED y f r o p� Cr P(D LL t4 11.26'Usk N r'`,s ri d -fir T U c WA .3 3 r TOWN OF SOUT'HOLD BUILDABLE LAND _ r --1 WACt IMAM ;.., . ... 1 "O.AL ( DESC#tiPTION AREA LOT COVERAGE ASO �' O +I ,`R 18,f• 7.p ����xc l �, J� q S N B '.- F.'y`� f 3 57.181 sq.ft. - _v Q L EXISTING HOUSE & PORCHES 4,550 sq.ft- 7.9% CL fel,^ _.• } '� - f - r' PROPOSED POOL 1.2%. 7 ,, 675 s .ft. p rop� 'F: �� `-- �•` ',> � p r< <; jam' • 1t ; TOTAL 5225 sq.ft_ A, P V r y $•++i l 4 �L_ 0 _ - \.,f.1 i WACr ON (pA { �~V �r� J:=rnrr +��W , ' 'P si -j A N _ __-__ r'--- FLOOD ZONE FROM FLOOD INSURANCE RATE MAP K tel r r r �-- 1'r '� s__ -'� !�' MAP NUMBER 36103CO501H SEPTEMBER 25, 2009 at '� 1.AC TO tp n/T i N�wLoc�o►�n ,�r.... �rq; ,� +�► r + rn ELEVATIONS & CONTOURLINES REFERENCED TO N.A.V.D. 1988 POOL AND j' , SONE it ' Id OC'"'` ` - PARCEL 1 AREA-50,510 9C , Pi: TO TIE LINE OAK �A�� PARCEL 2 AREA-14,748 80. F r. TO TE LINE "r�+tlf A+r pit ,'- Cr 107! M 3 j k � i7i�V� Lr3./ rS•j k I f .: `, � A'1N7A� 7E R%2013 c� / i'Tj Q TOTAL AREA-65,256 80. I77� TOME LINE ;; 4� / , o or 1.498 Acres SrAWARI) op Npti Qk CRAy� 00 218 4. U7pe� L+� I$ / /r, ,r r I a qh, cs,� REQLESTING (Z . MVAL OF NON INVA5IVE WEED PLANTS. IV FRLN NG OF SELECTED PLANT5 FOR IMFROVED ROOT W-ALTH PRUNING OF EXISTING G' HGH BAY DERRY TO A 4'F--GHT. 4'P4 OF gE0.t71i GRAS' r f Y _- ll j,'� � F . 4 AHC AA ! _aN Az- -Vo CERTIFIED TO: •- HEDGES ID � jf �-- r TODD FREED ■ =MONUMENT � N Nrgy�M+os Ns11,' EDITH WEBSTER FREED W ll d ADVOCATES ABSTRACT INC #ADA2455--S �S( =SPOT ELEVATION4YJ� ;N; << STEWART TITLE INSURANCE COMPANY $'b cr, !� TREE TO BE REMOVED �Y = 1 TREE TO TRANSPLANTEDBEOR REPLACED�� A O 1-50. TREE TO REMAIN 4&4 PROPOSED ORYWELL ;N:= EXISTING DRYWELL 1 am familiar with the STANDARDS FOR APPROVAL - AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES N-Y.S LIC. NO. 49618 ANY ALTi:RA770H OR ADD177ON TO PHIS SURVEY IS A WOLA770M and will abide by the conditions set forth therein and on the OF SE0770N 7209OF THE NEW YORK STATE EDUCATION LAW. permit to construct. PECONIC SURVEYORS, P.C. EXCEPT AS PER SEC77ON 7209--SUBDIWSIOM 2. ALL CER70CA77ONS (631) 765-5020 FAX (631) 765-1797 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF The location of wells and cesspools shown hereon are P.O. BOX 909 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR from field observations and or from data obtained from others. 1230 TRAVELER STREET WHOSE SIGMA 77JRE APPEARS HEREON SOUTNOLD, N.Y 11971 J-2-240 Michael J. Domino sident o�0 COGS 1; j Town Hall Annex John M. Bredemeyer III,-vice-President 54375 Route 25 Glenn Goldsmithy z P.O. Box 1179 A.Nicholas Krupski Southold,NY 11971 Greg Williams Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: L' � ' Completed infield by: a Creative Environmental Design on behalf of TODD FREED & EDITH,WEBSTER FREED requests an Administrative Permit for a Ten (10) Year Maintenance Permit for the removal of invasive weeds and plants; and pruning of selected plants for improved root health to 4' in height. Located: 12400 New Suffolk Avenue, Cutchogue. SCTM# 1000-116-6-12.1 & 12.2 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=q 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__Z Ch. 111 SEQRA Type: 1 II Unlisted Action Type of Application: 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: yV'� I have read & acknowledged the foregoing Trustees comments: Agent/Owner: Present,were: Bredemeyer ✓ M. Domino '� G. Goldsmith N. Krupski G. Williams Other 4P Short Form Order Index No. 01247/2014 SUPREME COURT- STATE OF 1 EW YORK I.A.S.PART 50-COUNTY OF"FOLK PRESENT: Hon.Martha L.Luft Acting Justice Supreme Court POST TRIAL DECISION AND ORDER X Mot. S q.No.: 029-MD TODD FREED and EDITH FREED, Orig.Return Date: 08/09/2018 Mot, S' mit Date: 08/28/2018 Plaintiffs, Mot. Seq.No.: 030 -MD -against- Orig.Return Date: 08/14/2018 Mot. Submit u Date: 08/28/2018 BARBARA BEST and ZARKO SVATOVIC, Mot. Seq.No.: 031 -Mot-D Orig.Return Date: 08/09/2018 Defendants. Mot. Submit Date: 08/28/2018 x PL IFF'S ATTORNEY Anthoiiy C.Pasca,Esq. Essek ,Hefter,Angel,DiTalia&Pasca, LLP E C E Q V E 108 East Main Street P. 0, Box 279 OCT 1 1 2018 Riverhead,NY 11901 DEF +NDANTS PRO SE Southold Tovrn Zarko SVatovic Board f Trustees 250 Mercer Street New York,NY 10012 Barbara Best 250 ercer Street New ork,NY 10012 Upon the notice of motion dated July 23,2018 of defendant vatovic with supporting papers,the notice of motion dated July 2,2018 of defendant Best with supporting papers,the affidavit in opposition to both of the aforesaid,sworn to August 8,2018 by Stephen'12.Angel with supporti g exhibits,the affidavit in reply of defendant Svatovic dated August 7,2018,the notice of motion dated July 26,208 of plaintiffs with supporting papers and i i I Freed v.Best and Svatovic LUFT, J. Index No. 01247/2014 Page 2 memorandum of law,the affidavit in reply to motion of defendant Svatc vie dated August 3,2018 with supporting papers,the affidavit in reply of defendant Best dated August 3,2018,ain d the reply affidavit in further support of the plaintiffs'mption of Anthony C.Pasca,sworn to August 13,2018,it is ereby ORDERED that the motion(seq.'029)by Zarko Sv tovic, defendant pro se to vacate the jury verdict rendered in this matter on July 12,2018 is denied; and it is further ORDERED that the motion(seq. 03 1)by Barbara B�est, defendant pro se,to vacate the jury verdict rendered in this matter on July 12,2018 is deniel d; and it is further ORDERED that the motion(seq. 03 0)by plaintiffs "s granted to the extent that such portion of the jury verdict rendered on July 12,2018 as answered the third question on the Special Verdict Sheet[specifically: Is the ten-foot-wide area at the easterly boundary of the 33- foot strip of property sufficient to provide the defendants w#h.reasonable and convenient pedestrian access to the Peconic Bay?] in the negative is hereby set aside and shall be replaced with an answer in the affirmative; and it is further ORDERED thatplaintiffs, owners of property,located at 1.24,00 New Suffolk Avenue, Cutchogue,New York, and designated on the Suffolk County Tax Map as Nos. 1000-116.00- 06.00-012.1 and 1000-116.00-06.00-012.2 C Lot 12.2"),are entitled to a permanent injunction restricting any pedestrian access rights defendants may have:to the,Peconic Bay over plaintiffs property,to a ten-foot wide area along,the:easternboundary of Lot 12.2,and further enjoining defendants from utilizing Lot 12:2 for any purpose•other.then pedestrians ingress and egress,from storing,placing or leaving personal property or belongings on plaintiffs'property,from maintaining any structures or encroachments on the plaintiffs' property,and from interfering with plaintiffs' use of Lot 12.2; and it is further ORDERED that plaintiffs' request for a declaratory judgment from the court is denied as unwarranted;and it is further ORDERED that plaintiffs are entitled to costs and -sbursements of this action,as well as the additional allowances pursuant to CPLR§8302 (b) (1)-(4) and CPLR §8303 (a)(2),to be taxed by the clerk. Following a lengthy jury trial, a verdict was rendere in this matter on July 12,2018 which held for the plaintiffs in establishing their ownership of a 33-foot wide strip of property, referred to above as Lot 12.2,but also found that the ten-foot wide area at the easterly boundary thereof was not sufficient to provide defendants with reasonable and convenient pedestrian access to Peconic Bay. Thereafter,the three motions before the court were filed. Defendants pro se,Zarko Svatovic and Barbara Best filed identical motions to set aside the verdict. Ms.Best merely adopted the motion made by Mr. Svatovic as her own.Plaintiffs also filed a motion requesting that the portion of the verdict regarding whether the ten-foot wide area was reasonable and convenient for pedestrian access to the bay be set aside and for a ruling by the court on their request for equitable relief. D , J OCT 1 1 2018 Southold Town r E C E I VE Hr Freed v.Best and Svatovic OCT 1 1 2018 LUFT,J. Index No. 01247/2014 Page 3 Southold Town BACKGROUND A brief recitation of the long history of this matter is appropriate to place the applications before the court in context.A temporary restraining order was issued in this matter,after hearing, on June 5,2014, inter alla,limiting defendants to use of a ten-foot wide path on the easterly edge of Lot 12.2 for pedestrian access to Peconic Bay.By order dated November 25,2014(Tarantino, J.),a preliminary injunction was granted continuing the terms of the temporary restraining order pending determination of this action. Subsequently,plaintiffs moved and defendants cros -moved for summary judgment.By decision dated March 6,2017, summary judgment was deni�d to all parties. That decision did reflect certain changes in position taken by the plaintiffs and by defendant Best during the pendency of the motions. Specifically,the plaintiffs statedt eir willingness to withdraw their request for a declaratory judgment holding that defendantsave no interest or rights of any kind in Lot 12.2,and to recognize defendants' entitlement to a pedestrian right of way over the ten- foot path at the easterly edge of the lot.Based upon the submissions made by Ms.Best's attorney,the court noted that the"only rights that the defenrants could potentially have in the right-of-way is access to Peconic Bay by virtue of a pedestr,an easement and ingress and egress by foot."(March 6,2017 decision at p.4). The court also noted that the purported right-of-way was obviously"undefined." (Id. at p. 8). This issue could not be finally determined because the court found that questions of fact existed as to plaintiffs' ownership of Lot 12.2,and declined to decide the case in a piecemeal fashion.Moreover,prior to the return date,Ms.Best discharged her attorney and decided to represent herself,notifying the court that she withdrew both her defenses and her counterclaims. Because Mr. Svatovic had raised no defenses nor asserted�y counterclaims, all that remained to be determined in this matter were the plaintiffs' claims. Ole of the plaintiffs' claims,that alleging trespass,was marked withdrawn by order of this court dated October 11,2017 (Baisley, The plaintiffs' case is a mixture of claims at law an i at equity. Thus,the issues of fact to be determined regarding their ownership of Lot 12.2 were uestions for the jury,while their request for a permanent injunction was to be determined by the court. Following the verdict,the court deferred its decision on the permanent injunction,pe�dmg a determination of the current motions. THE STANDARDS FOR SETTING ASIDE AJURY I CT CPLR 4404 (a) addresses motions following a jury trial,and provides, in pertinent part, that the court"may set aside a verdict. . . and direct that judgment be entered in favor of a party entitled to judgment as a matter of law or it may order a n w trial of a cause of action or separable issue where the verdict is contrary to the weight of the evidence, in the interest of justice . . ." Just two years ago,the Court of Appeals reiterated the two standards of review of jury verdicts pursuant to this statute in Killon v Parrotta,�8 NY3d 101,42 NYS3d 70(2016). A court cannot rale that a verdict is against the weight of the evidence unless"the evidence so ' I OCT 1 1 2018 Liol Freed v. Best and Svatovic SoUfPsold TownLUFT,J. Index No. 01247/2014 BMJLhSW8S I Page 4 preponderate[d] in favor of the [moving paty]that[it] could not have been reached on any fair interpretation of the evidence" (citation omitted).Id. at 108,42 NYS3d at 74. In order to direct that judgment be entered as a matter of law,the court must"first determine that the verdict is `utterly irrational' (citation oin ea)."Id. To make such a determination,the court must find"that`there is simply no valid line of reasoning and permissible inferences which could possibly lead [a]rational [person] to the conclusion reached by the jury on the basis of the evidence presented at trial' (citation omitted)."Id. DEFENDANTS'MOTIONS The defendants' motions,which,as noted above, are identical,fail to make any kind of pertinent showing for relief pursuant to CPLR 4404, and must be denied in their entirety. The submissions are nothing more than a series of conclusory sII tements regarding issues that were long-since ruled upon.The improprieties of the papers are numerous and will not be listed individually. Suffice it to say that they rely heavily on matters and documents outside the record in this matter,primarily items that have been ruled upon as inadmissible,without any showing that such rulings were improper. Many of the arguments raised rest upon the defendants' misapprehension of the import of a denial of summary judgment,viz. that it is not a determination on the merits,but merely a determination thai there are issues of fact to be .determined by the jury. Others are a blatant misrepresentation of the record in this matter and raise objections that were undoubtedly waived, such as,by ay of example,the contents of the Special Verdict Sheet. Their request that the court issue a declaratory judgment is additionally improper because they have no counterclaims for relief of any sort.Defendantis repeat their assertion,made at trial, that they do not claim ownership or any rights, adverse to p amtiffs. The latter statement is plainly contrary to their prosecution of the defense in thisatter,in the course of which they have made abundantly clear that they believe they have a right to use Lot 12.2, as well as to their actions during the course of the four years of this litigation. PLAINTIFFS' MOTION With regard to plaintiffs' motion,they have clearly emonstrated that the jury's negative answer to question 3 on the Special Verdict Sheet lacked any rational basis in the record.A ten- foot enfoot wide path is wider than any path that had been used by anyone testifying at trial,including witnesses on both plaintiffs' case and defendants' case. In addition,the testimony of plaintiffs' land surveyor expert supported an affirmative answer to qu I stion 3. There simply is no evidence in the record of this case upon which one could base a deciEion that a ten-foot wide path leading directly to the beach does not provide"reasonable and convenient pedestrian access to Peconic Bay " Plaintiffs devote much space to the argument thats issue was rendered academic by the defendants' statement that they make no claim of ownership or of any rights adverse to the plaintiffs. While it is undeniable that they have made that s atement repeatedly,the court declines DCEf� � �i OCT 1 1 2018 Freed v.Best and Svatovic LUFT,J. Index No. 01247/2014 Southold Turn Page 5 Boar n rus ee§ to give it credence on its face.As noted above,their argume ts,legal posture,and their actions throughout the pendency of this matter bespoke the very oplosite.The court can only presume that the defendants pro se made these statements in what thty thought would be a clever legal maneuver to demonstrate how completely they reject the plaintiffs' ownership of Lot 12.2,such that they do not even need to assert rights as against the plaitiffs.I No matter their motivation, the court is not crediting the statement at face value, and will not rely on it in reaching a determination of the plaintiffs' motion.To do otherwise wo ld be to undermine the long-held policy of allowing legal matters to be determined on the meots.See, e.g., Rubin v Pan American World Airways,Ine.,.128 AD2d 765,513 NYS2d 248 (2d Dept. 1987). After all of the years of litigation in this case, it is proper that the legal issues raised therein be settled to the extent possible. PERMANENT INJUNCTION DETERNIINATION i With the-establishment of the plaintiffs' ownership o f Lot 12.2-by record title, coupled with the court's ruling that the ten-foot wide-path provides: asonable and convenient pedestrian access to the Peconic Bay,the court can determine the plain ' s' cause of action for a permanent injunction, an equitable remedy which is exclusively within the court's purview,rather than that of the jury.CPLR 4211;Mercantile& General Reinsurance Co.,PLC v Colonial Assur. Co., 82 NY2d 248,251, 604 NYS2d 492,493 (1993). Plaintiffs have shown that they are entitled to a pe anent injunction. The credible evidence presented at trial shows that the defendants repeatedly acted in violation of and interference with plaintiffs' rights as owners of Lot 12.2.Indeed,the defendants do not even dispute most of the violative actions,such as wandering outside of the path designated by the plaintiffs for ingress to and egress from Peconic Bay,repeatedly leaving objects such as broken beach chairs, some of which were purposefully coated with molasses or motor oil to make removal difficult and unpleasant,on plaintiffs' property,by inserting wooden stakes attached by string on plaintiffs' property to identify a larger area over v rhich defendants claimed the right to pass,and by defendant Svatovic yelling obscenities in front of plaintiffs',-children. Moreover,the original temporary restraining order itself was not sufficient to control defendants' behavior.Each was held in contempt of court for violating it and fined therefor, with additional sanctions being required to induce compliance by defendant Svatovic in the form of a thirty-day jail sentence,held in suspense so long as he complied. Defendant Svatovic's inclination to disregard court orders was further evidenced�y his flouting of the-January 15, 2015 order(Tarantino,J.)that required Mr. Svatovic to obtain court permission prior to filing any,additional motions, due to his"inundating this case wi paper and exhausting the Court's patience."This occurred when he made a motion to the C ndar Control Part Justice(Baisley, iFor example,in his affidavit in support of his own post-trial otion(Mot.Seq.029),at paragraph 15,Mr. Svatovic avers:"Defendants do not recognize Plaintiffs'interest of an kind whatsoever in the ROW property[Lot 12.2]and therefore claim rights to nothing in this lawsuit."Whether de endants recognize the plaintiffs'interest in the property or not has no bearing on the resolution of this matter.The jury has determined that plaintiffs do own Lot 12.2 by record title. i I D ECE � �, OCT 1 1 2018 Freed v. Best and Svatovic Southold Tovin LUFT,J. Index No. 01247/2014 -BoarusteesI Page 6 J.)without requesting permission and without informing suc Justice of the restriction that had been placed upon him. Such a history of contumacious behavior during the endency of this litigation,coupled with the defendants' behavior in violation of the plaintiffs' r1ghts as owners of Lot 12.2 weigh heavily in favor of the equitable relief requested by plaintiff . A permanent injunction, as set forth in the decretal paragraph above,shall issue. PLAINTIFFS' REQUEST FOR DECLARATORY REL�F Plaintiffs also request a declaratory judgment stating that they have established their title to Lot 12.2 and that defendants possess only a pedestrian rig�t of passage over that lot.However, these are the very issues that were to be addressed by the jury, and were so addressed in the form of the questions posed on the Special Verdict Sheet. There Is no doubt that declaratory relief is the appropriate vehicle for resolving real property claims ofa sort involved herein. Chanos v AM DAC,LLC, 74 AD3d 1007, 1008,903 NYS2d 506, 508 (2d Dept, 2010). It is also beyond dispute that a declaratory judgment can be either legal or equitable in nature. First National Stores,Inc. v Yellowstone Shopping Center,Inc., 21 NY2d 630, 637,290 NYS2d 721, 725 (1968). One must examine the specific nature of the action i elf to identify into which category it falls.State Fara Mitt Auto—Ins. Co. v Sparacio,25 AD3 777, 778-779, 809 NYS2d 151, 153 (2d Dept.2006). In the present matter,the court has previously analysed this issue upon plaintiffs' motion (mot. seq. 025)requesting that defendants'jury demand be stricken.In denying the request,by order dated October 11, 2017,this court(Baisley, J.),held tat plaintiffs' cause of action for a declaratory judgment fell within the"umbrella of CPLR§4101 claims triable as of right by a jury." The fact that the complaint had not specifically refe ed to article 15 of the Real Property Actions and Proceedings Law was not controlling of the ap livability of CPLR§4101(2),but rather,the court looked at the nature of the factual issues involved,which plainly involved the "determination of a claim to real property."CPLR§4101 (2);Paciello v Graffeo, 8 AD3d 543, 779 NYS2d 526,527 (2d Dept.2004);Lilliaufeld v Lichtenstein, Misc.2d 571, 572, 694 NYS2d 600, 602(Sup.Ct.Kings Co. 1999). Thus,the declaratory relief was to be determined by the jury,which,in fact,they did,by way of their answers to the questions on the Special Verdicl Sheet. There is no basis to ask for a declaratory judgment from the court. COSTS,DISBURSEMENTS AND ALLOWANCES Having prevailed in this matter,plaintiffs are entitled to statutory costs and disbursements in this matter.CPLR§§8101, 8301. In their post-trial motion,they have requested additional allowances pursuant to CPLR §§8302 (a)and 8303 (a) (2). The former accords entitlement to an additional allowance in, inter alfa, "an action: . . . (3)to co pel the determination of a claim to real property",into which category the present matter falls.Because the allowance calculation is based upon the value of the property,plaintiffs are entitled to the maximum award as set forth in II OCT 1 1 2018 Freed v.Best and Svatovic ______ I I LUFT,J. Index No. 01247/2014 Southold Town Page 7 a CPLR§8302(b) (1) - (4). In addition,the history of this litigELtion undoubtedly shows that it falls within the category of a"difficult or extraordinary case,"an thus,plaintiffs are entitled to the additional allowance of$300.00 provided for in CPLR§8301 (a)(2). REQUEST FOR SANCTIONS AND OBJECTIONS TO EFENDANTS' REPLY In the Reply Affidavit submitted in further support o-plaintiffs' motion, a request that the court set this matter down for a hearing or such other procee Ings as are appropriate to determine whether sanctions should be imposed upon defendants pursilnnt to 22 NYCRR§130-1.1 was made. Subsection(d)of that rule provides for the imposition of sanctions"either upon motion in compliance with CPLR 2214 or 2215 or upon the court's owrn initiative,after a reasonable opportunity to be heard." The plaintiffs have made their request in their reply papers,rather than upon motion as required by the rule.Plaintiffs are free to pursue this remedy,by making a motion on notice. Finally,the court will address the objections raised by plaintiffs' counsel in correspondence dated September 10,2018 to Mr. Svatovrc's reply affidavit served in further support of the defendants' post-trial motion. The objections pertain to its timeliness,to the fact it was mailed from Poland and to the deficiencies in the not thereof.The most serious objection pertains to the deficient notarization,with an incomplete jurat and the date crossed out twice on the papers filed with the court(which differs from the copy accompanying the September 10,2018 letter where it is only crossed out once.While the objections have merit, and the defects in the notarization may be sanctionable andr some other analysis,the court will exercise its discretion to disregard these defects pursuant toCPLR§2001 and will consider defendants' reply because a substantial right of the plaintiff_will not be prejudiced thereby. There is no right to respond to a reply affidavit.More importaintly,the contents of the affidavit lacked any credence whatsoever, as did the defendants' moving papers and their motions have been denied. Submit Judgment. ENTER Date: September 28,2018 im Riverhead,New York HON.MARTHA L.LUFT*A. .&C. FINAL DISPOSITION N1)N-FINAL DISPOSITION • I Michael J.Domino,President ®��®� ��®� Town Hall Annex John M.Bredemeyer III,Vice-President ® 54375 Route 25 P.O.Box 1179 Charles J.Sanders Southold,New York 11971 Glenn Goldsmith . ® Telephone(631) 765-1892 A.Nicholas Krupski a Qu ��� Fax(631) 765-6641 9 BOAIR.D OF TOWN TRUSTEES TOWN OF SOUTHOLD Permit No.: 9078A Date of Receipt of Application: August 23, 2017 Applicant: Todd Freed & Edith Webster-Freed SCTM#: 1000-116-6-12.1 & 12.2 Project Location: 12400 New Suffolk Avenue, Cutchogue Date of Resolutionlissuance: September 20, 2017 Date of Expiration: September 20, 2018 Reviewed by: Board of Trustees Project Description: One (1) Year Maintenance Permit to remove invasive weeds and plants; and for pruning of selected plants for improved root health. Findings: The project meets all the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code. The issuance of an Administrative Permit allows for the operations as indicated on the survey prepared by Peconic Surveyors; P.C., last dated January 10, 2017, and stamped approved on September 20, 2017. Special Conditions: Method of clearing to be by hand, that vegetation is cut no shorter than 6' high, and that Trustees are notified during the "first" cutting. Inspections: "First" cut inspection & Final Inspection. If the proposed activities do not meet the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code, a Wetland Permit will be required. a This is not a determination from any other agency. m o Michael J. Domino, President Board of Trustees j a { P7 i�• i, • r J y .1. io,41 fl ,rte ^1 ' -•� • -:'�� - ,r y' ••, Y T _` � ��,: „4 E: �T '� 1 h vi won ml ti',h 1 �r � < % Z ���y � .�- .... : ����: � ° . � 22 © � » . . ? . �_�©� � :. } _ , . . y ��\ . . <\�% . . . � � �d2� °��. z©� \��� . . . . . � � , . � .:��{ . x . .�» . ��>. \ :�% � ���w2d�° ?w««��v: ���« ©ate������d°����».. » .:\3/� �� �� ^ � � � � ° ®° . . � : . � <�: � !�® .. ~�� . > . . . .���©«r : \}%\«_ . . � � , . . . , ,.. �� � .�. »? 2°�<7 . : :������ . :� �y . : .. . c . .v r�y . . . a: �. mm���«« �© w � . � ��y� . ,:���\ . \; » fix /�« /� $� SEC No,a - ———— z--------- �_ ----- FOR PCL NO FOR PCI.NO. 9EE SEC ND. N �\ SEE SEC.ND leeocaee.] uI A I I 10YOYoe° I SeaMqTom OF souINCkD y I yy i.WU 32 e i TOWII ..flMq 51 M / I a] $ I 1 OF SOUTIK]lD =5 I / I n ,9p(c, m / aavq T' e +M`t e - 3 i TOWN OF \\\ j • ' . 1 $UTHOLD 4q 1.2 21M.) z.WG) 17 WO A \ M—CC—D TRUST ,e "A(G) c) ]1.4 -21 I �cq.11cuwTRusT 2.1wq �. \ E casE �. +'°a' 2 281 Z% 2z.3 ; O UAO*? ulU P. 22 p w ,wN o�eaml✓otn -v $ t. a, 22s \ � \ n z .n SUFFp(K 24-) a t] ♦ 5 a – 2!� w \ Iat 11A \ .. 3A-) Jl `�' AVE. 7i (� F/-- 31 a 00 iz 1 eMc1I 3 A©` I b ,Z 1 e ,1MU 11MU 1]Atq s ,a 1.2A 1 /� S 3 ,3 _ tot 13A 1 Wq z.SMc) E a.eMc� p N t WU �2.S.IU 7 1 S.Wc� a G ,,Nc 1 T n3 \ �.+ CUTCHOOUE- Y 1]MU rY l STMq s t.M Mn NEW I ,t IPt O ,l PAflK D1$T 5T/RN:T ° 21 14 3 '5 a a _4 a �•e ,.2Mq /� Tow1V2...n ,p`a wo PECONIC 43 J SMU T 40= S A y T2ac) \\aiae> F.D.29 24 1 P,p ab 5,94.)SEE SEC NO n+ � � e•W V'1 ]+ i0911 / SECTION NO gya V i o SOUTHOLD \ r� I, „Nw 4y\ � NOTICE ,� COUNTY OF SUFFOLK © E Real Properly Tax ServiceAgency r A PROPER W.«1R.e,NY ttWt u�w {211 .. O .-- -""^ •-- ,WanK«ar,wr rom�oN ar TRe �. S ewlKy e.n«r m oe,ec,uo tme TY MM G D :,»t OFFICE LOCATION: ������ ®U�yQlO MAILING ADDRESS: Town Hall Annex P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) v, Southold,NY 11971 Q Telephone: 631765-1938 a LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From: Mark Terry, Assistant Town Planning Director LWRP Coordinator Date: November 13, 2018 Re: Local Waterfront Coastal Consistency Review for TODD FREED & EDITH WEBSTER FREED SCTM# 1000-116-6-12.1 & 12.2 Creative Environmental Design on behalf of TODD FREED & EDITH WEBSTER FREED requests an Administrative Permit for a Ten (10) Year Maintenance Permit for the removal of invasive weeds and plants; and pruning of selected plants for improved root health to 4' in height. Located: 12400 New Suffolk Avenue, Cutchogue. SCTM# 1000-116-6-12.1 & 12.2 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the below listed policies and therefore INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided. 1. Maintain buffers to achieve a high filtration efficiency of surface runoff. 2. Avoid permanent or unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas. The existing vegetation (Figure 1) provides important nutrient filtering and storm surge protection. A re-vegetation plan has not been provided. It is recommended that the existing vegetation is preserved to meet this policy. �,1q i s t Figure 1. Subject parcels in center showing existing vegetation. 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: Damon Hagan, Assistant Town Attorney Michael J.Domino,President Town Hall Annex John M.Bredemeyer III,Vice-President �� 54375 Route 25 Charles J.Sanders . 1 P.O.Box 1179 Tenn Goldsmith Southold,New York 11971 A.Nicholas Krupsid V �� �© Telephone(631)765-1892 cQUi, t,� Fax(631)765-6641 BOA OF TOWN TRPTEFs TOWN OF WUTHOLD I This Section,Four,Office-1tTs_ only Coastal Erosion Permit Application Wetland Permit Application � Administrative Permit gC mendment/Transfer/Extension eceived Applic a 'on: /041/17 eceived Fee:$ Jou,vu ompleted Application: 0. Incomplete:. �,i _ Sl3QRA Classification: T I D)ype I_ Type R Unlisted Lead Agency Determination nl ____,,Coordination:(datesent): Lj OCT - 1 2018 - I ;LWRP Consistency Assessment Foim Sent: CAC Referral Sent: -I3a;of Inspection: Southold Town Receipt of CAC Report: Board of Trustees Technical Review: Public Bearing Held: / — Resolution: Legal Name of Property Owner(s): Mailing Address: d r�o2- Phone Number. .,1 Suffolk County Tax Map Number: 1000-__�.�'�—�,- I,�,� I�►� Property Location: L LIED Aea ; (If necessary,provide LILCO Pole'#,distance to cross.streets,,and'tocation) AGENT(If applicable): ir!e- 1Vtailing Address: . _ �._:' '®nMental,Xpesi$n Phone Number: 62>%-_72L4--7q_ f9 NY 11958 Board of Trustees App 3cation GENERAL DATA Land Area(in square feet):_ �f9,<1r) e-,,; r Area Zoning: &_qr) Previous use of property: K-140 Intended use Of property. q0 i Covenants and Restrictions on.proper ty? yes �N If"Yes",please provide a copy. Will this project require a Building Permit as per Town Code? .yes If"Yes",be advised this application will be reviewed by the Buil, De t �No and Elevation Plans will be required. g p .prior to a Board of Trustee review Does this project require a variance from the ZoningBoard;of A gals? Yes If"Yes",please provide copy of decision. pp' v No Will this project require y demolition as per Town Code or as,det� ed'by the Building Dept? Yes _Le"'No - $ eA Does the structure(s)on property have a valid Certificate of Occup,ney?J!!_!`yes No ; Prior permits/approvals for site improvements: _ Agency Date- -- JIlt-1 i •�� �'D� 44f 1 n'f7 No prior permits/approvals for site improvements. Has any pernziVapproval ever been revoked or suspended by-a governmental agency? 'y No Yes If yes,provide explanation: Project Description(use attachments if necessary): AadAeL yyyyyy � z c i • Board Of Trustees Pl • pp ication WETLAND/TRUSTEE-LANDS AIP N DATA Purpose of the proposed operations: ` I Area of wetlands on lot:=_ square feet I Percent coverage of lot: olo Closest distance between a est existing structure and upl d edge of wetlands: feet Closest distance betw n estro Proposed structure and upland edge of wetlands: p e " feet Does tNN ' ct involve excavation or filling? the ------------ o Yes If Yes,how much material will be excavated? _ lubic yards How much material will be-filled? cubic yards Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations:, Manner in which material will be removed or,deposited: y Statement of the effect,if any,on the wetlands and tidal waters of the town that may res reason of such proposed operations(use attachments if ap}iropiiate): Y ult by i •_ 6 617.20 Appendix B S'faort Environmental Assess I ent Form Instructions for Com leting Part I -Project Information. The applicant or project sponsor is resp nsible for the completion of Part L 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.thorouglily as possible based-on current information. Complete all items in Part 1. You may also provide any additional informs ion which you believe to the lead agency;attach additional pages as necessary to supplement any iem. will be needed by or useful Part I-Project and Sponsor Information Name of ACnon�or Projew PrOjectLocation(describe,and attach a loeadomniap): i Brief Description of Proposed Action: off- PC, 45, S= '�� F` 6� +0 wr Name of Applicant or Sponsor. C—G U\QL4�G ::FTe1;epho:fi:e:,ail . 21Adres: LMMve EYly1ronmenW Design, PO-Box 166. City/PO: ��onic,4N X11 State: 'Zip Code: I-Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, administrative rule,or regulation? NO YES 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 'cher governmental Agency? If Yes,list agency(s)name and permit or approval: NO YES 3.a.Total acreage of the site of the proposedaction? b.Total acreage to be physically disturbed? acres c.Total acreage(project site and,any contiguous properties)owned acres or controlled by the applicant or project sponsor? ,acres 4. Check all land uses that occur ❑ ❑ on,adjoining andfnear the proposed action. . Urban Rural(non-agriculture) ❑Industrial O`Co ❑Forest DAgriculture QAmmercllal aesidential(suburban) vatic (specify): ❑Parkland ❑Other q , Page l.of 4 v 5. Is the proposed action, a.A permitted use under the zoning regulations? NO YES _N/A b.Consistent with the adopted comprehensive plan? ❑ M ❑ 6_ Is the proposed action consistent with the predominant character of the xisting built or natural ❑ ❑ landscape? NO YES 7_ Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? N❑O YES If Yes,identify: ❑ , 8. a.Will the proposed action result in a substantial,increase in traffic,above present'leveh? NO_ YES b.Are public transportation service(s),available at or,near the site ofthe proposed,action? c.Are any pedestrian accommodations or bicycle routes,available on o�near,site of the pro ❑ y p posed action? 4.Does the proposed action moat or exceed the state energycode requirements? Ifthe proposed action will exceed requEl irements;describeAesigti features- d technologies: NO YES 21 10. Will the proposed action connect to an existing public/private water su�ply? NO YES, If No,describe method for providing potable water: ]I.Willthe proposed action connect to existing.wastewater utilities? - NO YES If No,describe method for providing wastewater treatment: � I V9 ❑ 12• a.Does the site contain a structure that is'listed,on'citherrthe 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,stFate,oHocal agency? b.Would the proposed,action physically alter,or encroach into,any existing, wetland-or waterbody? ❑ If Yes,identify the wetland or waterbody and extent of alterations in,square feet or acres: ❑ i 14_ I��de�trfy the typical habitat types that occur on,or=-likely to be found on the project site. Check all that apply: Q'Shoreline ❑Forest ❑Agricultural/gresslands 1� Wetland ❑Urban ❑Early mid-successional ❑Suburban 15.Does the site ofthe proposed action contain any species of animal_,or,associated habitats,listed NO YES by the State or Federal government as threatened or endangered? I ! ❑ 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•o non-point sources? If Yes, NO YES a.Will storm water discharges flow to adjacent properties? []NO AYES 62/ ❑ b.Will storm water discharges be g directed to established-conveyance systems(runoff and storm drains)? If Yes,briefly describe: I ❑NO []YES I Page 2 of 4 18-Does the proposed action include construction or other activities that i!esult in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: h ❑ [19.Has the site ofthe proposed action or an adjoining properly been the 1 cation of an active or closed1V0 YES solid waste management facility?Yes,describe: 20.Has the site of the completed)for,hazardposed ous waste?action or an adjoining property been the sybject of remediation(ongoing or NO YEg 1fYes,describe: �' THAT THE INFORMATION PROVIDED ABOVE I$ KNOWLEDGE TRUE ANDACCURATE TO THE BEST OF MY AppIi spon e. Signature• Date:. I Part 2-Impact Assessment: The Lead Agency is..responsiblg for the completion-of Part 2. Answer all of the following questions in part 2 using the information contained in Part,I and other mate�ials submitted1by the project sponsor or otherwise available to the reviewer. When answering the questions the'r- Jewer should be,guided by the concept"1-lave my responses been reasonable considering,the scale and context of the proposed action?' No,or Moderate small to large impact impact may may 1. Will the proposed action create arnatenauconflict with an adopted"land'use plar or zoning occur occur regulations? F] ,❑ 2. Will the proposed action result in a change,in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? ❑ ❑ 4. Will the proposed action have an impact on the environmental characterir 'cs 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 en _e it fails to Inco reasonably available ene incorporate ❑ rgy conservation or renewable energy op ortunittes? 7. Will,the proposed action impact existing: ❑ a.public/private water supplies? ❑ b..public/private wastewater treatment utilities?' ❑ ❑ S. Will the proposed action impair the character or quality of important his, Eric,archaeological, ❑ El 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 No,or Moderate small to large impact impact may may 10. Will the proposed action result in an increase in the potential for eros on,flooding or drainage occur occur problems? � fi El D 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The bead Agency is responsibl for the c ❑ question in Part 2 that was answered"moderate to large impact may occur3. For every or if there is a eed to explain why a particular element ofthe proposed action may or will,not result in a significant adver a environmental_impact,,please complete°Part 3. Part r should,in sufficient detail,identify the impact,including any measu :or�design elements that have been'ineluded by the Project sponsor to avoid or reduce impacts, part 3 should also explain'h 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. Check this box if you have determined,based on the information and an, that the proposed action may result in one or more potentially large.o sygnificant adverse impactsDove,and any andan documentation, environmental impact statement is required. FJCheck this box ifyou have determiried;,based on the information and analysis above,and'an supporting documentation, that the proposed action will-not,result in any significant adverse environmental-impacts. y pp g umentation, Town of Southold-Board of Trustees Name of Lead Agency Date , Print or Type Name of Responsible Officer in Lead Agency President Title of Responsible Officer Signature of Responsible,Officer in Lead Agency Signature of reparer(if different from Responsible Officer) PRINT Page 4 of 4 _ Board of Tcustees A �.satioa AUTHORIZATION (Where the applicant is not tie owner) • ^ 9 owners of the property id_entified as SCTM#1000- i ( -(o-6A.14- Q-;1 - in the town of New York,hereby authorizes creative EuvimummW Design P®Box 160 Q1V i Gt �j C h cit C�WI C � Pei®nic, 1 fl95S to act as my agent and handle all necessary work involved withthe application process for, ermit(s)from the Southold Town Board of Trustees for this_property. Property Owner's Signature rty Owner's.Sign , SWORN TO BEFORE ME THIS �`b DAY OF V 20 \� MELISSA R DE90ER �''� NOTARY PU®LPC STATE OF NEUVYORK Notary Public SUFFOLK COUNTY LIC.#01D [COMM.EXP? kQ(`6k 1z0a1) 1 L`.. Board of Trustees �►pplicntion A�J'i'HORIZTI N (Where.the applicant is not owner) Vw, ®wners of tote pmpedr iden6fied as SCnffi 1000- .�.— --I , l �} a-a-in the town of �•�•f'�n �� t New York,hereby i udwrhm zv 6 V 8five 130vh'anmental Design P00 Box 16® to act as my agent and handle all FcconYc,Tom'1,1958 I necessary work involved with,the application proem for - s the. P, t{)fmm Southold Town Board offrostees for this pmpedy, Propeltylo"G 's Signature Pro gerlrOwner'siignature SWORN TO BEFORE UIE THIS DAY OF p U S 20-17— C-11 RTotary Public I JOSEPH RAYMOND,KOLSOW Notwy Public,Skate of New York Na o9iQ083o2755` QuaKed in Newr'York po" My comrrission,E MayrS-2m8 Board of Tzust:ees dip _Ecata®xi AFFIDAVIT �� _ DEPOSES A ' ` S THAT HE/SHE IS THE APP EAG DUL ND Y SWORN DESCRMM pFjtM T(S)AND THAT ALL STATEN LICANT FOR THE ABOVE ARE"TRUE TO THE-BEST OF HtsMgR KNOWLED-GE AND E CONTAINED REIN ALL FORK WILL BE.DONE IN THE.MANNER SETT FORTH IN THIS APPLIAND TCATION AND AS MAY BE APPROVED BY THE.S.OUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN IPF SOUTHOLD AND TBE BOARD OF TRUSTEES HAR�.Fc S AND FREE om ANY AND AND a AIIiSING � � ALL DAMAGES GRANTEDo IN COMPLETING OR BY VIRTUE OF SAID PERMIT(S�,IF TING THLS APPLICATION;I HEREBY AUTHORIZE THE TRUSTEES,TgEIR A_ENT(S}.OR REPg -SENTAT*n INCLITDIlVG,THE CONSERVATION ADVISORY COUNCII,;TO,-FPT'1'ER ONTO MY PROPERTY INSPECT THE P�E,S,*'CONJUNCTION WITH TM APPLICATIONTO INCLUDING A FINAL - , TRUSTEES TO INSPECTION. I FI7RTHER AUTHORIZE THE BOARD OF ESR ONTO MY PROPERTY COMPLIANCE WITH ANY.COND ; ` REQUIRED TO INSURE EROSION P ITION OF ANY�TLAND_OR COASTAL ERMIT ISS ' 'D BY THE BOARD OF TRUSTEES DAG T TERM OF TSE PERMIT. i Signature of Pr oPerty Owner of SWORN TO BEFORE ME THIS DAY OF MELISSA R DEBOER, �,- -� �4 -NOTARYTIBUC STATE OF N�YORiC �Nota�ryftb�jjc FFOLXOOU ; C.'#010 NTy COMAA.� l 2oard of Tsiaatees Jimplicatim AFFIDAVIT BEYNG DIILY SWORN DEPOSF-0S AND��THAT HE/SHE IS THE PI,ICANT gOR ABOVE DESCR�ED.P ( '-�q,ND TBATALL STA ARE CONT TRUE TO THE BEST Off'HIS/HER KNOWLEDGE AND EEi,IyF?. ALL WORK WILL BE.DONE Ilv`Z'HE S FORTHIN THIS APPLICATION AND AS MAY BR APPROVED BY THE SOUTHO TOWN BOARD OF'TRIISTEES. TM APPLICANT- AG Uj TO HOLDTHE TOWN OF SOUTHOLD AND TSE BOARD OF TRUSTEKS H,s�rzM reg�D FREE FROM ANY AND CLAIMS ARISING:UNDEWOR BY---M E O FROM A AND ALL DAMAGE GRANTED. IN COMpLE 'Il1TiG THIS�},PPIiI(:ATIO �'II+' TRUSTEES,TgEIR AGENT O NI Imo' Y AUTHORIZE Ti; CONSERVATIO� R'- - -- ' ATII VCZ,UDIIYG'THE I1VSP N ADVISORY COUl�iCIL;.TO R ONTO IViY PRO ECT THE PREMISES°IN.0011TJQ11TCTION WIT THIS APPLICATIpERTY TO INCLUDII�TG A FIlVAI,INSPECUbm. I FURTffi,,AIU- OR=THE BOARD OF . TRUSTEES,To R-ONTO mY P1�iOPERTY AND AS. ClDML 4l TCE WiTg REQUIRED TO INSURE ANY CONDITIOAiT OF ANY WtCTLAND�OR COASTAL EROSION Y' T ISSUED BY TSE BOARD:OF TRUS} PE m'r. TEES DIIRiNG TM,TERM Sigaaiure of �eay Owner Signiahue of Propedy ow., SWORN TO BEFORE Alf YETIS �'f� DAY OF �tl US f 207 Nomr,y Public .JOSEPH RAYMOND KOLBOW Notary Publ%'Smte°of mew York N0,01WM755 Quanedin WN Y&k'GburriJy . 11�'Commissfon'Expir�s6�ay 5,,2018 � . i APPLICANVAGENTMEPRES�]r TZVE TRANSACTIONAL DISCLOSU +'MRM The Town of Southold%Code of Ethics piohibits conflicts of interest on=the Dart flown otiicers and employees The aggosc of Ls form into rovrde info anon- ich can:alett a town of ibie condi--s-f'_inten W and'aliow it to take*11ateveradion is nccesaary to avoid same. YOURNAMIw 6 d 14 �. S �-j�5�name,fust name,-0&ue initial;unless you are app y,ngid themame of someone else orotherentity,such as a company.If so,ind dte-odwr person's or company's'name.) NAME OF APPLICATION: (Check all that aPP1Y•) Tax griavanoc Building Variance Th tae Chmrgo orzone Coastal Erosion I - Approval of plat Mooring T- Exemption from plat or official map Ptanniag _ Other (If"Othee',name the activity.) . Do Iron personalty(ordicough your company,spouse,st'bling,parmat,or child)ha c a relationship with.any ofltceror,employcc of tlue Tl'own-of Southold? "RciatioWg)"-includes by blood;nprriagc,or bus'rn�bmtemzt."Bush=intern r means a business, inakidiog a pmuiership,In which"town of iocror employee has eyenn a partial. wnciship of(or employment by)a corparation in which the town officer or employee owns more than 5%ofthe shares. S YES NO If y6u answered"YES",compbft the balanc of this form and,dabe and sign where indicated. Name of person employed by the Town of Soud old Tide brposidon,of that person Demme,the relationship between yourself(the applicandageothepreserrtative)an�the tpwn officer or employee.Either check the appropiiale line A)through D).and/or des q-W in the space,prmMed. Tina two of3fioer or employee or his or her spouse,slbliug,peat or childis( alltbat apply): A)door eeofgresterthan 5%ofthe sham ofthe.corporatc stock ofthe�appiicanc (when tho:applicant is a corporations 8)the TeSd orbencficial owner of any interest in-a non-corporate entity(when the applicant is trot a corporations Cl amoffieer,director;pactimx,or employee of the applir or D)the actual applicant DESCRIPTION OF RMAnomw I .I Submitted oris - ( 8gy.of ! 1 m:,.2017 - Signature PiicltNtttne Form TS l - _ � 1 - APPLItLANTlAG�1T `�1"I� TRANSACTIONAL' AWLMOhyma Ma on&of I)IS F�Rl1� tlfit L�1AY1 iS lQ Drmtide iQToria�,wSieti'n n• --town-of no.�'�his oent�cts of�ntar�(Slid'-A1fiH►y it�18�e WIMAtf40Y�Lttrt•ne ' t0 SKOId'SfiV11t8. J� _• -- - - _ I � . QAWt fustaemgaQuddlGmrt�al,trllles�yolt ai0 Yutffi�d re minae Of • �tOPAOSC�QIC�IPd'CRi�1SfaS114�{'ffi8' X50, 1�1:.0� �IIaSOTS 1188:6.) NAME OFAPPLICAUON: (Chockalldmtapply.) ep p uuaj. • -5� ilarlancs _ TfU*c I: I,;*- - Cheageomm C6asdrl3smdon AppoiW f,piat marring I plion lrom platorolEeial map OOdwrPhm ag _ (lf"Odx1"a nerast8eac�vity.) f ��a1 �11Y(�'thmughYoueao�nFal►y.spol�,.aiWit►�p�nent;accht'ld)�ha�deace�ttaashipagiW�gtoEle�arc�ri�layro oFNte'lbcetro•FSou-tliotd? °FRclah� indud ,fiy'bloo�i, or bid"8usa¢ass,�onst�,a�eaY�abus lnduUinga pmxtship.is.ar[nchati�owao> brmaplcyi 'I�ait a[Or'o�aPto3►m�tb]►l aomn . - inwti�rttic,�ihol�`uerareatployeeoi�na��t5�o�csleeies. ! . - - • _ I YES NO lfydu `YW.completethe bdm=Gfdus$omnand Oft auds9jp,adaa�bw=)t& Nemo ofpu%n ewbyW by dm Tam of SoaWold r ride orpoditof&dpmson • Dwaft die=Wmnddp Wimm7iou1selg apptiareodhetmmoMmoremplay Edkcrchc* tice.appropriabe>;aaA)Wmogti D)a&or 4esdftInte- apm pm�iided: _ Tice IR ofkworwvloyesorbisorla rept as sibling,patenotrcbild's( aild3agapply� �)ttloowaerofg�Darttaai55°leofiTseshas+�ofilieemrporates�ekofWe��� . (when fire app ffldisaaorporimak . B)-dm le l erba Wdd OW-O ofmy lata io a 4mrq applkent is�t acoic�otgluuk C),=offie�dkeew.pazl oremployee afgw applicant of D)timact�lappilcant _ . DESCRNq=OF RPI ATiONSW I • II Submifte ft 14 da y'ofl g e fl' Form T51 .. �cmtNalne_ 1 API�IoICANT/AGENTIREPItFS�'I'A�IVE • TRANSACTIONAL IDISCLO WPORM The Town of��tdta•�r•,.'�of Ethi • - . • ' - . BUMMM or' - M..Nm YOURNAME: �L - Y� �plytagm the �VedlVlfOlp > n'socCOMPw3sam,64� �soGhasaiy_Ifsq. _ ot>a3c POBox 160 NAMOFAMUCATION:-(c�.alldtapph.) -�. PecOnic.NY 21958 Tgrevmae �. . Change Guam Tmstw Approval ofpk C9asisl1waou rNempflonan Phi orofficiel rip Omer 77- Of"Oft-.ane ft actmv.) Do yowpersoratlly(or*O%b,your compat .ypoM,y�-6 =P k J a with of the Town of Southold?"Relation�ip .I-hdudes.by,blood, � � �P any o or employee bWcsr-rawtr° tkeofficer,or 9r�1 a o p,off'��°�M�meensabi than'S%ofthzshaMs. O0 VES NO - ifyou -YES".conapbft a bdmce ofthis fcrm mtd,dow and sign wleese-iadi d. Name ofl�nemployed by tia;Town of Southold - Titleorpasi6onoftiratpersou - I: _ Dc=ibcdht relationship bdw acnyo=jf(tla:applic tt/ tatieej sndtlaaown officeror the - >iiuc A,)th tSh D)wd►br des�r'be in the e,pmviuhxt. enm .Either check The.townoBiaeroreanployeaorbicorherspouse,srbliog,p oichildis cbc& 'that 1 , A),ihe owmrofgeater th.:S%ofthe abet.ofthc o,Pore,stoic ofthc (Whc t$teapplicantisaclip anerof' I` l3) hod a wt cDgwraho-'nj; in s,wn-o�rporatc qty( . G)an officer,OeMK putner.oremployee ofthe applicant or D)the act ual;applicant- DESt R TION OF IELATIONWIF . Su - Sigmaduut� _. PridtNum a I: Form T5 l I ' i Town of Southold LWRP CONSISTENCY ASSESSPVIENT FORINT 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 Water&csnt Consistency Review Law. This assessment is intended to supplement other irlfoion used by a Towm of Southold agency in making a determination of-consistency. `Except minor exempt actions including Building Permits and other ministerial permits not located within the Co Erosion HazardArea. 2. Before answering the questions:in SectionC,,the pr parer of.this form.should review the exempt minor action list,policies-and.explanations,of each policy contained in the Town of Southold Local Waterfront Revitalisation Program. A osed action will be evatuated as to its significant beneficial and adverse_effects"uuon the.coastal°siea fwliich includes all of Soutfiold TowrnZ 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: Thfm_each$answer must�be eznlainerl yin detail: listinu both snonortina and non sunuortin�.fac . If an action cannot`be nertlfied as consistent with the LWRP policy seandaids 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 0ffce,the Planning,Department, all local libraries and the Town Clerk's office. B. DESCRMION OF SITE AND,PROPOSED,ACTION SCTI ](0 A It, a•a-- PROJECT NAlIE EkU,� Lr)G�b � , The Application has been,submitted tocheck; ro p ( aPP Priate: response): - Town Board ❑ Plamning Board❑ Building;Dept. ❑ jBoard of Trustees 1. Category of Town of Southold agency action(check;appropri te'response): (a) Action undertaken-directly by Town agency(e.g.capital ❑ -constuction,planning-activity,agency regulationjond.transaction) (b) Finauciat.assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: i Lam" Nature and extent-of action: ` r . 4 Location of action:_ Ltr_{LA, Site acreage: Sp t5 o IC�46. n Present land use: �}q, 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: g (a) Name of applicant: o ��� Erre& (b) Mailing address: < (c) Telephone number:Area,Code( ) (d) Application number,if any: Will the action be ' ectly undertaken,require funding,or approval by a state or federal agency? Yes 11 No ' Ifyes,which state or federal a9=31 — Q 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. REVEL OPEI➢ COAST POLI Policy I. Poster 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 LWIbP Section III—Policies- Page 2 for evaluation crite 'a, Yes ❑ No ❑ Not Applicable i Attach additional sheets if necessary Policy 20 Protect ,and preserve historic and archaeological reisources of the Town of Southold. See LWRP Section III=Pol' es Pages 3 through 6 for evaluation,criierta I ❑ Yes ❑ No M Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRPSection M—Policies Pages 6 through 7 for evaluation criteria 1 1!IPSYes ®,NoApplicable ❑ Not Attach additional sheets if necessary, I NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8.through 16-for evaluation,-criteai LI/Y. ❑N ❑ Not-Applicable o I Attach additional sheets if necessary Policy & Protect and improve water,quality and.supply in the Town.of Southold.See LWRP Section IH —Polici ages 16 through 21 for evaluation criteria UelYes ❑ No ❑Not Applicable I Attach additional sheets if necessary j 1 Policy 6. Protect an6 restore the,quality and function of thf 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. ❑ ❑ Mess No.. &�.w'Appllcable Attach additional sheets a necessary Policy 7. Protect and improve air quality in the Town of Southold. See L�VRP Section YII— policies Pages 32 through 34 for evaluation criteria. Yes ONO❑ Not-Applicable I I I Attach additional sheets if necessary I Policy 8• IViinimize environmental degradation ,in Town of Southold, from, solid waste and hazardous substances and wastes. ee L�?V",Section III—Policies; Pages.34 through 38'for evaluatioa criteria. Yes No of Applicable .I f . 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 criteria. LWRP Seetion III=P licies; Pages.38 through46 for evaluation (—� F] Yep--1 No K2 Not Applicable Attach additional sheets ifnecessary WDR'MNG COAST Py";. 1 CIES Polley 10. Protect Southold's water-dependent uses suitable locations, See L WRp Section M_ ' and Promote siting of new water-dependent uses in No ❑ Not Applicable Pages Pa es 47 through 56 for evaluation criteria. Yes ❑ Attach additional sheets if necessar Policy 11. Promote sustainable use of livang marine r Estua rs.See L esou es and Town wa RP Section III- in Tong Island Sound, the Peconic Policies;,P�ges 57 through 62 for evaluation criteria. Yes ❑ No Not APPlicable I I I Attach,addiiional sheets if necessary Policy 12. Protect agricultural lands in the Town of 62 through 65 for evaluation criteria. 'Southold- See LW—RP Section III— Policies; Pages ❑Yes ❑ No —' Not APphcable I Attach additional sheets ifnecessaty PoLe3' 13. Promote appropriate use and development of enerjor Section III—Policies; ages 65 through 68 for evaluationcriteria and mineral resources. See LWRP ❑Yes ❑ NoNot Applicable I PREPARED BY r j 1M�ent��,0�c TITLE eve Environmental.Design DATE - '? PC Box 160 Peconic,NY i I