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TR-3643
AFr-03-98 09: 16A Kieffer and Hahn 1 212 349 65.15 P,02 Ed:Dputso, PHONE 1-4tl. Apr. 02 194O F13:OEPM P2 TRUSIEES edfFQ�r_ Jobn M.brede=yer,itJ,kregident henry P. $rivak,vice t'>'cSmcicw LS UP Albert J. Kmpsbui,Jr. �J Q John L.Bednoski,Jr. i V Wei�Wo JobA$ Tudull � N 53093!Jain nwtu P.O.BOX ii57 Telephone(516)765-1892' ^A TT. N"J"L O ,., r 1,11 JL W.. JONLG01C1.,ivew i Grx 1 a V i A VtsaW yr a V��►+��vv s.."'."� Fax(S 16)763-1923 `iu w!r OF SO V 1 HOLD . , October 22, 1991 Edward R. Deutsch )..nw-�; .Tana Manhasset. NY 11030 RE: SCTM #1000-89-2-1 Dear Mi . Deutsch: Please note the dock at the above mentioned-property has been inspected Ay .the bay constable. tie found the structure was built to the permit wit7n the exception of the placement of the >Aivat. After talking with Mr. Lewin, the contractor, who explained .p` the =v r G�rvu..Ny 4a1iN, ♦..c vV,+rdfcaj= ... .-- .. .-acodtabla in this position. If you have any questions, please do not hesitate to contact thin nffi(—A, Very truly yours, � � r - John bi. Bredemeyer, ill Prcaildellt, vc#itLu Ui Ti iuiiLersa Jl�:.jmt YM�1�\Tr ±.Cidal: USEES o��S�fFO(,��OG John M.Bred meyerr,III,President c� y� SUPERVISOR Henry P. Smith,Vice President W SCOTT L.HARRIS Albert J.Krupski,Jr. • John L.Bednosld,Jr. Town Hall John B.Tuthill �Ol �a 53095 Main Road P.O.Box 1179 . Telephone(516)765-1892 BOARD OF TOWN TRUSTEES Southold,New York 11971 Fax(516)765-1823 TOWN OF SOUTHOLD October 22, 1991 Edward R. Deutsch 87 Bellows Lane Manhasset, NY 11030 RE: SCTM #k1000=89-2-1 Dear. Mr. Deutsch: Please note the dock at the above mentioned property has been inspected by the Bay Constable. He found the structure was built to the permit with the exception of the placement of the float. After talking with Mr. Lewin, the contractor, who explained that the DEC requested this, the Board feels that the dock is acceptable in this position. _ If you have any questions, please do not hesitate to contact this office. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB:jmt cc:� Bay Constable Dwayne Lewin If v rA Yw I EjW r 3 coo' �o- O aa► r ,�r' db 4 " C �\ All ea eo" C`EDA ` CBEA H coumrr 1.0 0 A PAM to I M I a � edar Beach � Point v / � Six/b FC.oA'r / ,/ ,c p �v°P b � P p Te, C d) FEET �r pO So iab v \ �� J �0 S Qpy /VoT.SS: DA-rU M: M L L✓ �,O J Pv�PosE: PRIVATc Q' PsoA- - Dcck �' i(a PRoPosao w,%LKw^`I' P A OJA C,En/•7- dtaiyER 5: „}� le DO c K -F®r —,OWARD DEVTSCH Z. RAY AkSO1N on DrAi-ADS OASiN a•1` Sow-rHoc. O,, �/ SvFa=ocK Co.��f. Y 5 HERT l of r 3/as/ss a//V89 7/r3/89 SYDNEY S. BREESE, JR. FEB 2 5 WO 1700 CEDAR BEACH ROAD SOUTHOLD,L.I. NEW YORK 11971 76s'3 byY TOWN OF SOUTHOLD February 21,1991 Mr. John Bredemeyer III Town Trustees Southold, NY Dear John: I note with some distress the permit NO. 364 attached to a piece of plywood on the shore of Dryads Cove just around the corner from our house. I would gather from reading the other attached letters Div that the present structure will consist, when built, of a 3' x 75' elevated pier, a 3' x 12 ' ramp, a 5' x 16' float and a 5' x 24' L � whatever that might be). It would appear that the amount of structure is of much greater extent than one would expect for a modest size boat. The water depths and so forth at the site of the dock probably precludes any large vessel so it ' seems to me that the whole thing is going to be rather unsightly. I trust that the addition of another dock in the one area of the creek most used for `:the area in which wading birds do the most feeding is a concern of your group. I realize that there is little .that can be done but I do hope that the docking is for the use of the single resident of the Cranberry Acres devlopment that now exsists and not for what ever other numbers of lots can be squeezed out for the future. Sincerely c� 3' Ii ey Soo.... �dBB rr e¢�d;J r. . r o 0SISFFO(�co TRUSTEES y SCOTT L. HARRIS 2 John M. Br ,edemeyer, III, President p Supervisor Henry P. Smith, Vice President y��! �aO� Town Hall, 53095 Main Road Albert J. Krupski, Jr. John L. Bednoski, Jr. - —P:Q. Box l l79 John B. Tuthill Southold, New York 11971 BOARD OF TOWN TRUSTEES Fax (516) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765-1800 TO: File FROM: John Bredemeyer, President RE: Edward Deutsch, SCTM #1000-89-2-1, Permit #3643 DATE: August 28, 1990 As this permit was effectively suspended for the period of August 25, 1988 thru November 20, 1989 (453 Days) , this permit shall run an additional 453 days from November 20, 1989 until February 16, 1991 inclusive. cc: Roy Haje, En-Consultants 4 EL FRANK A. KUJAWSKI, JR., President TELEPHONE ALBERT J. KRUPSKI, JR., Vice-Presidenta (516) 765-1892 JOHN M. BREDEMEYER, III - JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road _ PA.Box 728 Southold, New York 11971 November 20, 1989 En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 Subject: Permit #3643/Edward Deutsch Dear Mr. Haje: At our meeting held on November 16, 1989, the above-mentioned permit has been re-approved as per legal covenants and agreements that are presently on file. Please post permit number on structure. Very truly yours, Frank A. Kujawsk Jr. President, Board of Tru tees FAK:jb - CC: CAC i i KI EFFER AND HAH N III JOHN STREET NEW YORK,N.Y.10038 RCA TELEX:291154 KIEF r•. �.-�--�-- __ TELEPHONE TELECOPIER:(212) 349-6515 I ' t .. '- .(212) 349-9400 - r OCT 3 11989 TOWN ATTORNEY'S OFFICE TOWN OF SOUTHOLD October 25, 1989 Clerk Supreme Court, Suffolk County Griffing Avenue Riverhead, NY 11901 Re: Deutsch v. Board of Trustees of the Town of Southhold Index No. 88-16599 Assigned to Hon. Alfred Lama Dear Sir/Madam: Please be advised that the above-entitled matter has been settled. Enclosed, for filing, is the original Stipulation Discontinuing Action, duly executed by the attorneys for the respective parties. Sincerely yours, icholas Z. He dus enc. 1521 cc: James A. Schondebare, Esq. Town Attorney l/ y E 493—Stipulation Discontinuing Action. BI i0u[L US BLUMOFRG.INC.,LAW BLANK PUBLISHERS SUPREME COURT Index No. 88-16599 COUNTY OF SUFFOLK EDWARD R. DEUTSCH and EILEEN E. DEUTSCH, Calendar No. Plaintiff(s) against STIPULATION DISCONTINUING ACTION THE BOARD OF TRUSTEES OF THE TOWN OF SOUTHOLD, FRANK A. KUJAWSKI, JR. , ALBERT J. KRUPSKI, JR. , JOHN M. BREDMEYER, III, JOHN L. BEDNOSKI, JR. , and HENRY P. SMITH, Defendant(s) IT IS HEREBY STIPULATED AND E' ' M i-�'Z D, by and between the undersigned, the attorneys of C.. record for all the parties to the above entitled actiorrjthat whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no'person not a party has an interest in the subject matter C' PJ of the.action, the,above entitled action be, and 5Akt,szuhe hereby is discontinued, without costs to-either party be,Wled,,wthout•further notice with the Clerk of the•Court. as against.the other. This stipulation may ti 11_- ;� i Dated: August 31, 1989 The name signed must be printed beneat ,� The name signed must be Printed beneath Edward P. O'Hanlon Town Attorney 4fr " '' " I�.;�-�,�., KIEFFER AND HAHN Attorney(s) for Defendant(s) �'-)"""r` Attorney(s) for Plaintiff(s) Town of Southold 111 John Street Main Road New York, NY 10038 Southold, NY 11971 ( 212 ) 349-9400 ( 516 ) 765-1800 The Board of -Trustees of the .:'Town of Southold :_ Edward.'.R. Deutsch and Eileen E. Deuts, -------------------------------------------------------------------------------------------------------- ----------- - -----------------.....-- ------ Defendant Plaintiff Town of Southood, Main Road 87 Bellows Lane -------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- Address Addr-ess Southold, NY 11971 Manhasset, NY 11030 N 5vubr JAMES A.SCHONDEBARE4` Town Hall 53095 Main Road TOWN ATTORNEY :` P.O. Box 1179 Southold, New York 11971 ROBERT H.BERNTSSON ASSISTANT TOWN ATTORNEY TELEPHONE (516).765-1939 OFFICE OF THE TOWN ATTORNEY FAX NO. TOWN OF SOUTHOLD (516)765-1823 October 20, 1989 Kieffer and Hahn 111 John Street New York, NY 10038 Re: Deutsch v. Town of Southold Index No. 16599-88 Dear Mr. O'Hanlon: Enclosed herewith please find two fully signed counterparts of the Stipulation Discontinuing Action. A copy of same has been filed with the Town Trustees. Very truly yours, •r James A.: Schondebare Town Attorney JAS:mis Enc. cc: Town Trustees JAMES A.SCHONDEBARE • Town Hall, 53095 Main Road TOWN ATTORNEY P.O. BOX 1 179 ROBERT H.BERNTSSON Southold, New York 11971 ASSISTANT TOWN ATTORNEY TELEPHONE (516)765-1939 OFFICE OF THE TOWN ATTORNEY FAX NO. TOWN OF SOUTHOLD (516) 765-1823 INTER-OFFICE MEMO FROM THE TOWN ATTORNEY'S OFFICE TO: Frank Kujawski, President, Board of Trustees FROM: Robert H. Berntsson, Assistant Town Attorney DATE: September 20, 1989 RE: Withdrawal of Deutsch Article 78 I understand that you were forwarded the withdrawal papers on the Deutsch Article 78 proceeding. Please advise as to your position on this matter as soon as possible. The attorney for Mr. Deutsch has been calling to see what we are going to do. Feel free to contact me with any questions. JAMES A.SCHONDEBARE ,, � Town Hall, 53095 Main Road TOWN ATTORNEY d" P.O. Box 1179 Southold, New York 11971 ROBERT H.BERNTSSON ASSISTANT TOWN ATTORNEY TELEPHONE (516)765-1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD INTER-OFFICE MEMO FROM. THE TOWN ATTORNEY'S OFFICE TO: Trustees FROM: James A. Schondebare, Town Attorne ol DATE: September 6, 1989 RE: Deutsch v. Town of Southold Enclosed herewith, please find a copy of the Stipulation of Settlement as well as declaration of Covenants and Restrictions with regard to the above named proceeding. . Please review same and advise of your opinion. As you are aware, Deutsch has an Article 78 against the Trustees which is to be discontinued based on this Stipulation. Neither your office nor mine was notified with regard to this proposed settlement. From a reading, it appears that Gazza and Atkinson own the property but the latter agreed to let Deutsch develop the dock. SUPREME COURT OF THE STATE OF NEW YORK Ton If���4 ,s COUNTY OF SUFFOLK Pam; ='yam < d ROBERT GAZZA, DIANE GAZZA, RAYMOND J. AKSCIN and GERALDINE AKSCIN, Plaintiffs STIPULATION -against- OF SETTLEMENT EDWARD R. DEUTSCH and EILEEN E. DEUTSCH, Index No. 88-12912 Defendants -----------------------------------------X WHEREAS, plaintiffs commenced the above-entitled action against defendants to enjoin the construction of a dock and catwalk over a portion of Dryad's Basin and .a parcel of land known as the "Community Beach" on the map of Cedar Beach Park, which map was filed in the Suffolk County Clerk's office on. December 2D, 1927 as Map No. 90; and WHEREAS,. the parties have agreed to settle the above-entitled action by defendants, their successors and assigns, being limited to the construction of one dock on said parcel in conformity with agreed upon dimensions. NOW, THEREFORE, the parties agreed as follows: 1. Defendants agree to execute, in form suitable for recording, and to deliver to plaintiffs for recording in the office of the Suffolk County Clerk, a Declaration of Covenants and Restrictions in form annexed as Exhibit 2. Defendants agree to execute all additional documents necessary to effectuate the recording of said Declaration of Covenants and Restrictions. 3. Defendants agree to abide by the terms of said Declaration of Covenants and Restrictions. 4. Upon -execution and recording of said Declaration of Covenants and Restrictions, the parties will cause their attorneys to execute a stipulation of discontinuance of the above-entitled action with prejudice and without costs to either party in form annexed as Exhibit "B" . 5. Plaintiffs agree that they consent to any application to construct a 'catwalk, ramp and dock over the parcel described above and into Dryad's Basin if such application conforms to the type of catwalk, ramp and dock described in the Declaration of Covenants and Restrictions, a copy of which is annexed as . 6. Plaintiffs represent that they are the fee owners of the property described upon Schedule "A" annexed to the Declaration of Covenants and Restrictions, a copy of which is annexed hereto as Exhibit "A" . IN WITNESS WHEREOF, the parties have executed this instrument on the dates beside their respective signatures. Date: d 7 �BERT GAZZA Date: DIANE_dto A J Date:—& RAY ND J. SCIN Date: GERAL fl 'A SS N Date: EDWARD R. DEEUTSCH Date / EILEEN E. DEUTSCH DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this _ day of , 1989 by Edward R. Deutsch and Eileen E. Deutsch, residing at 87 Bellows Lane, Manhasset, New York, hereinafter referred to as the DECLARANTS, desiring to restrict the use and enjoyment of certain real property known as the "Community Beach" parcel on the "Map of Cedar Beach Park" filed in the office of the Clerk of the County of Suffolk on December 20, 1927 as Map No. 90, which parcel . is more particularly described upon Schedule "A" annexed hereto (hereinafter referred to as the "premises" ) , and having for such purposes determined to impose on said premises covenants and restrictions, do hereby declare that said premises shall be held and shall be conveyed, subject to the following covenants and restrictions: 1. Only one dock and only one access to dock (hereinafter described) shall be constructed and maintained on the premises, and such dock and such access to dock shall be constructed and maintained as set forth herein. 2. For purposes of this Declaration, the word "dock" shall refer to a wooden ramp and wooden floats extending into the waters of Dryad' s Basin, a body of water abutting the premises, from the edge of the vegetation at or near the dividing line between the premises and Dryad's Basin. 3. For purposes of this Declaration, the words "access to dock" shall refer to a wooden catwalk constructed from the edge of the vegetation at or near the dividing line between the premises and Dryad' s Basin landward over the premises. -- 4. The dock to be constructed by DECLARANTS, their successors or assigns, shall not extend further than 32 feet into Dryad 's Basin from the edge of the vegetation located at or near the dividing line between the premises and Dryad' s Basin. The dock shall consist of the following components only: a) a ramp that is no larger than 12 feet in length by 3 feet in width; b) two floats, one of which shall be no greater than 16 feet in length by 5 feet in width, and the other of which shall be no greater than 24. feet in length and 6 feet in width. Notwithstanding the dimensions of said ramp and floats, in no event shall the distance between said edge of vegetation and the s furthest point of any dock component be more than 32 feet. Annexed hereto as Schedule "B" is a diagram depicting the configuration of the dock showing the locations of the ramp and floats. c) such piles and hardware as may be required to secure the dock. 5. The "access to dock" shall be a wooden structure commonly known as a "catwalk" no wider than 3 feet and no longer than 75 feet, which shall be constructed on piles over the premises. Said access to dock shall .extend landward from the dock and shall connect to the landward edge of the dock. 6. The dimensions of the dock and access to dock described above shall not change, except that they may be decreased in size. In no event shall the distance from the edge of wetlands to the furthest portion of the dock be greater than 32 feet. 7. The floats, ramp and catwalk shall be constructed in a good, workmanlike manner of CCA treated lumber left in its natural condition. Said floats, ramp and catwalk shall remain unpainted with no roofs or covers thereon. Side railings, to the extent required by applicable building codes, may be permitted, so long as constructed out of the same materials as set forth above, and so long as they remain unpainted. 8. The dock and-' access to dock, described above, shall be maintained by DECLARANTS, their successors and assigns, at their sole cost and expense, and shall be ',maintained in good condition. 9. Nothing herein shall diminish whatever rights of use Robert Gazza, Diane Gazza, Raymond J. Akscin and Geraldine Akscin, their successors and assigns, as owners of lots on the "Map of Cedar Beach Park" , may have by virtue of the designation of the premises as "Community Beach" on said subdivision map, including but not .limited to, the right to pass by foot over, under and on any portion of the dock and access to dock. Nothing herein contained, however shall be deemed to grant to Robert Gazza, Diane Gazza, Raymond J. Akscin and Geraldine Akscin, their successors il�"►+NMw�eec;••aa!!' '�a:.:... .,vts�M!?���Ct,��._...,i*-:;�t� '�h1�. and assigns, the right to tie or moor boats at the dock. 10. There shall be no structures constructed or placed on the premises other than as set forth herein. 11. The aforementioned restrictive covenants shall be enforceable by: . Robert Gazza, Diane 'Gazza, . Raymond J. Akscin and Geraldine Akscin, their successors and assigns, by injunctive relief or by any other remedy in equity or at law. The DECLARANTS, their successors and assigns, shall have no liability for the acts of third parties arising out of the designation of the premises as "Community Beach" on the "Map of Cedar Beach Park" . The failure of said Robert Gazza, Diane Gazza, Raymond J. Akscin and Geraldine Akscin, their successors and assigns to insist upon strict performance of any of the terms, conditions and covenants herein or to enforce the same shall not .be deemed a waiver of any rights or remedies that they may have and shall not be deemed a waiver of any subsequent breach or default by said DECLARANTS, their successors and assigns. 12. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANTS, their successors and assigns, only for so long as any of them are owners of the premises, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the premises only with the unanimous written consent of Robert Gazza, Diane Gazza, Raymond J. Akscin and Geraldine Akscin, their successors and assigns. r^=�cc ++• -" `� ,,,:..:.».+� oa�r�r��,.ae:-ter::,....ti•ruG��.��+�r � :�-�a�klf`d �. tk�`k�' ?t� tA+k 13. If any paragraph, clause, phrase or provision of these covenants and restrictions shall , by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 14. This Declaration is made in furtherance of - the settlement of an action entitled "Robert Gazza, Diane Gazza, Raymond J. Akscin and Geraldine Aksc,in v. Edward R. Deutsch and Eileen E. Deutsch" brought in Supreme Court, State of New York, County of Suffolk (Index No. 88-12912) . IN WITNESS WHEREOF, the Declarants have executed this Declaration the date first above written. EDWAR __ D R. DEUTSCH_ __ �^ LS _ _LS EILEEN�E. DEUT_SC_H���� -.,..............- .—..... ..a r STATE OF NEW YORK) SS. : - COUNTY OF ) On this day of 1989, before me personally came EDWARD R. DEUTSCH, to me known to be the individual described in and who executed the foregoing instrument, and he acknowledged to me that he executed the same. Notary 'Public'!"'��' STATE OF NEW YORK) SS. : COUNTY OF ) On the day of 1989, before- me personally came EILEEN E. DEUTSCH, to me known to be the individual described .in and who executed the foregoing instrument, and she acknowledged to me that she executed the same. Notary Public '� SCHEDULE "A" ALL that certain plot, piece or parcel of land, situate, lying and- being at Bayview, Town of Southold, Suffolk County, New York, being more particularly bounded and described as follows: BEGINNING at a point of the easterly side of Cedar Beach Road, which point is the- division line of the subject premises and land now or formerly of R. Akscin; running thence along Cedar Beach Road north 23 degrees 07 minutes 40 seconds east 259.92 feet; thence south 86 degrees 05 minutes 50 seconds east 543.91 feet to land now or formerly of Gazza; thence South 03 degrees 54 minutes 10 seconds west 85 feet to Dryad' s Basin; running thence along Dryad's Basin in a generally westerly and southerly direction 382.04feet more or less to land of Akscin; thence south 88 degrees 27 minutes, 40 seconds west 125.0 feet; thence north 66 degrees 52 minutes 20 seconds west 200.0 feet to the point of beginning. .'. . ALL �I Mkt/_S�a Al 1- L o Ate" 6' 5� rC` 1-Lo f�T L x 7 55 SCHEDULE "B" SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------ ------------- ROBERT GAZZA DIANE GAZZA, RAYMOND J. AKSCIN and GERALDINE AKSCIN, Plaintiffs STIPULATION -against- DISCONTINUING ACTION EDWARD R. DEUTSCH and EILEEN E. DEUTSCH, Index No. 88-12912 Defendants ------------------=--------------------X It is hereby stipulated and agreed, by and between the undersigned, the attorneys of record for all the parties to the above-entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed, and no person not a party has an interest in the subject matter of the action, the above entitled action, together with any counterclaims, be ' and the same hereby is discontinued, with prejudice, and without costs. This stipulation may be filed without further notice with the Clerk of the Court. Dated: Riverhead, New York July , 1989 Esseks, Hefter & -A'ngef Kieffer & Hahn----- Attorneys for Plaintiffs Attorneys for Defendants 108 East Main Street 111 John Street P. O. Box 279 New York, NY 10036 Riverhead, NY 11901 � ( 212) 349-9300 ( 516) 369-1700 B 493—Stipulation Discontinuing Action. I" Court. LIDS BLUMBERG.INc.,LAW BLANK PUBLISHERS SUPREME COURT Index No. 88-16599 COUNTY OF SUFFOLK EDWARD R. DEUTSCH and EILEEN E. DEUTSCH, Calendar No. Plaintiff(s) against STIPULATION DISCONTINUING ACTION THE BOARD OF TRUSTEES OF THE TOWN OF SOUTHOLD, FRANK A. KUJAWSKI, JR. , ALBERT J. KRUPSKI, JR. , JOHN M. BREDMEYER, III , JOHN L. BEDNOSKI, JR. , and HENRY P. SMITH, Defendant(s) hb IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for all the parties to the above entitled action,fthat whereas no party hereto is an infant or incompetent person for whom a committee has been appointed°and no person not a party has an interest in the subject matter E4i �e of the action, the above entitled action be, and'-the�same hereby is discontinued, without costs to either party as against the other. This stipulation may be,-•filed-,, i,thout further notice with the Clerk of the Court. Dated: August 31, 1989 aV to �,�� "� •'�: X, The name ed mu he rioted beneat sGmG4-t, -- --- ---- -------------------.--- . �.# -- p The name signed must he printed beneath Edward P. O'Hanlon Town Attorney to KIEFFER AND HAHN Attorney(s) for Defendant(s) "` Attorney(s) for Plaintiffs) Town of Southold 111 John Street Main Road New York, NY 10038 Southold, NY 11971 ( 212 ) 349-9400 ( 516 ) 765-1800 The Board of Trustees of the Town of Southold Edward...R. Deutsch and Eileen E. Deutsc ---------------------------------------------------------------------------------------------------------- ----------------------------------------------------- --------------------------------------- ------................................. Defendant Plaintiff Town of Southood, Main Road 87 Bellows Lane ------------------------------------------------------------------------------------------------------------ --------------------------------------------------------------------------------------------------------- Address Address Southold, NY 11971 Manhasset, NY 11030 ----------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------- Index No. 88-16599 SUPREME COURT COUNTY OF SUFFOLK EDWARD R. DEUTSCH and EILEEN E. DEUTSCH, Plaintiff(s) against THE BOARD OF TRUSTEES OF THE TOWN OF SOUTHOLD, FRANK A. KUJAWSKI, JR. , ALBERT J. KRUPSKI, JR. , JOHN M. BREDMEYER, III, JOHN L. BEDNOSKI, JR. , and HENRY P. SMITH, . Defendant(s) Discontinuing Action KIEFFER AND HAHN Attorney(s) for Plaintiffs Office and Post Office Address 111 John Street New York, NY 10038 ( 212 ) 349-9400 cc:Town Board a! Town Attorney ' Board of Town Trust es Griffing & Southwick William F.Mullen,Jr. RECEIVED +14198 T SUPREME COURT OF THE STATE OF NEW YORK �� COUNTY OF SUFFOLK %W"Town CI_ -----------------------------------x EDWARD R. DEUTSCH AND Index No. 88-16599 EILEEN E. DEUTSCH, Petitioners, -against- AFFIRMATION IN SUPPORT OF PETITION FOR AN THE BOARD OF TRUSTEES OF THE ORDER PURSUANT TO TOWN OF SOUTHOLD, FRANK A. CPLR ARTICLE 78 KUJAWSKI, JR. , ALBERT J. KRUPSKI, JR. , JOHN M. BREDMEYER, III, JOHN L. BEDNOSKI, JR. , and HENRY P. SMITH, Respondents. -----------------------------------x STATE OF NEW YORK ) ) ss. . COUNTY OF NEW YORK ) NICHOLAS Z. HEGEDUS, an attorney admitted to I practice before the Courts of the State of New York, under penalty of perjury affirms: 1. I am associated with the firm of Kieffer and Hahn, attorneys for petitioners in this proceeding. 2 . I make this affirmation in support of the- petition. 3. On September 28, 1988 I spoke on the telephone with an individual who identified herself as Eileen i� I is �i I Pfifferling, Clerk to the Board of Town Trustees of the Town of Southold, New York (respectively the "Clerk" and the "Town Board") . 4. I asked the Clerk whether any notice was published or otherwise given in connection with the Town Board's intent to "rescind" the permits numbered 3643 and 471 previously issued by it to petitioners. The Clerk stated that no notice of any kind was published or otherwise given in this regard. 5. The Clerk also stated that the custom of the Town Board is not to publish or otherwise .notify the public, or any individuals who may be affected, of items on the "agenda" of the Town Board. 6. The Clerk also stated that the matter of the "rescission" of the permits numbered 3643 and 471 was placed on the "agenda" as a result of a direct ex-parte communication from Mr. Robert Gazza to either the Town Board or a member thereof. Dated: October �, 1988 NICHOLAS Z. HEGEDUS 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -----------------------------------x EDWARD R. DEUTSCH AND Index No. EILEEN E. DEUTSCH, Petitioners, -against- AFFIDAVIT IN SUPPORT OF PETITION FOR AN_ THE BOARD OF TRUSTEES OF THE ORDER PURSUANT TO TOWN OF SOUTHOLD, FRANK A. CPLR ARTICLE 78 KUJAWSKI, JR. , ALBERT J. KRUPSKI, JR. , JOHN M. BREDMEYER, III, JOHN L. BEDNOSKI, JR. , and HENRY P. SMITH, . Respondents. -----------------------------------x STATE OF NEW YORK ) ss. . COUNTY OF NEW YORK ) EDWARD R. DEUTSCH, being duly sworn, deposes and says: 1. I am a petitioner in this matter, and I am fully familiar with the facts and circumstances surrounding the matters in issue. 2. I make this affidavit in support of the Verified Amended Petition for an order pursuant to CPLR Article 78 (the "Petition") . 3. Petitioner Eileen E. Deutsch and I are husband and wife. We are fee owners of the wetland premises at Cedar i' Beach Road, Southold, New York, described as Parcel II (the "Premises") in the deed which is annexed as Exhibit A to the, Petition. F 4. My wife and I want to construct a catwalk across the Premises and . place floats in the navigable waters of Dryad's Basin (the "Catwalk") . We want to do this so that we may have access to the navigable waters of Dryad's Basin from our other property which is separated from Dryad's Basin only by the Premises and Cedar Beach Road. 5. To accomplish this goal we hired En-Consultants, Inc. to draw up plans for the Catwalk and to apply for and obtain the necessary permits. On January 19, 1988 , En- Consultants, Inc. submitted an application on our behalf to the Town of Southold (the "Town") , a copy of which is annexed as Exhibit B to the Petition. 6. On April ,7, 1988 the Town published notices in local papers of a hearing to be held on April 21, 1988 regarding our application. A copy of this notice is annexed hereto as Exhibit 1. The hearing was held on April 21, 1988, and I was present. At the hearing no question was raised regarding the ownership of the Premises. 2 I; 7. On May 4, 1988, and May 5, 1988, respectively, the Board of Trustees of the Town (the "Town Board") duly issued Permit No. 3643 and Permit No. 471 (the "Permits") to my wife and me. Copies of the Permits are annexed as Exhibits C and D to the Petition. 8. On August 5, 1988, approximately four months after notice of the hearing on our application for the Permits, Robert and Diane Gazza and Raymond J. and Geraldine Akscin obtained an Order to Show Cause and a temporary restraining order preventing us from erecting the Catwalk. The Gazzas and Akscins simultaneously commenced an action against us for a judgment declaring that they and others have an "easement" over the Premises, that we have no right to construct the Catwalk, and for a permanent injunction preventing us from using the Premises so as to interfere with the alleged "easement". That action was brought in the Supreme. Court, Suffolk County, and it is entitled Gazza, et al. v. Deutsch, et al. , Index No. 88-12912 (Lama, J. ) . 9. I received a letter dated August 29, 1988 from the Town Board notifying me that the Town Board, at a meeting held on August 25, 1988, had resolved to "rescind" the I 3 ; u I 1' e Permits. A copy of this letter is annexed as Exhibit E to the Petition. The only stated reason for the "rescission" is phrased: "whereas there has been a question raised regarding the ownership of the subject premises. " Apparently a carbon copy of this letter was sent to "Mr. and Mrs. Robert Gazza" . There is no indication of the meaning of the word "rescind" , nor is there any indication of the circumstances under which or the procedure by which, the Permits may be revived. We received no other notification of any kind regarding the Town Board's intent to "rescind", or its "rescission" , of the Permits. 10. My attorneys inform me that the Town Board's act of "rescinding" the Permits was in violation of lawful procedure, in excess of jurisdiction, was affected by error of law, was arbitrary, capricious and an abuse of discretion, on the entire record was unsupported by substantial evidence, and was violative of our Constitutional right to due process of law, and that in "rescinding" the Permits respondents failed to perform the duty enjoined upon them by law. 11. In order to preserve our Constitutional and other rights, no alternative remained but to commence this II: 4 I i f proceeding to petition the Court to review the resolution of the Town Board and for an order declaring such resolution null and void and directing respondents to retract said resolution_ s 12. This proceeding has caused us to incur, and will cause us to incur, unnecessary additional expenses including, without limitation, attorneys' fees and the costs and disbursements of this proceeding. WHEREFORE, I respectfully request that the relief requested in the Petition be granted in all respects. EDWARD R. DEUTSCH Sworn to before me this la 4-k day of Q C,'o 6&gf , 1988 Notary Public NICHOLAS Z HEGEDUS Notary Public,State of New York No.4920906 Qualified in New York County Commission Expires Jan.25,1990 5 i I 1 NOTICE OF HEARING ON THE WETLAND APPLICATION NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL MAIN ROAD, SOUTHOLD, NEW YORK, ON THURSDAY, APRIL 21, 1988 ON THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN. s 7: 30 :P.M. In the matter of the application of James F. Murphy to construct a walkway, ramp and float on property located at 735 Waterview Drive, Southold. 7 : 32 P.M. In the matter of the application of En-Consultants, Inc. on behalf of Edward Deutsch to construct a fixed elevated walkway; hinged ramp; and floats secured by three pilings on property located on Cedar Beach Road, Southold. ALL PERSONS INTERESTED IN SAID MATTERS SHOULD APPEAR AT THE TIME AND PLACE ABOVE SPECIFIED AND WILL BE GIVEN AN OPPORTUNITY TO BE HEARD. COMMENTS MAY BE SUBMITTED IN WRITING PRIOR TO THE DATE OF THE HEARING. C)r ohn M. Bredeme er, III R President Board of Town Trustees Dated: April 4 , 1988 -------------------------------------------------------------- PLEASE PUBLISH ONCE, THURSDAY, April 7 , 1988 AND FORWARD ONE AFFIDAVIT OF PUBLICATION TO JOHN M. BREDEMEYER, III , PRESIDENT, BOARD OF TOWN TRUSTEES, TOWN HALL, MAIN ROAD, ~ SOUTHOLD, NY 11971. -------------------------------------------------------------- COPIES TO THE FOLLOWING: Suffolk Times Traveler-Watchman James F. Murphy En-Consultants, Inc. on behalf of Edward Deutsch Trustees Town Clerk' s Bulletin Board � XH )( T , SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -----------------------------------x EDWARD R. DEUTSCH AND Index No. 88-16599 EILEEN E. DEUTSCH, i Petitioners -against- AMENDED NOTICE OF PETITION THE BOARD OF TRUSTEES OF THE TOWN OF SOUTHOLD, FRANK A. KUJAWSKI, JR. , ALBERT J. KRUPSKI, JR. , JOHN M. BREDMEYER, III, JOHN L. BEDNOSKI, JR. , and HENRY P. SMITH, Respondents. -----------------------------------x PLEASE TAKE NOTICE that upon the annexed amended petition, verified on October/-Z, 1988, the undersigned will petition this Court, before an assigned I.A.S. Part, at the Courthouse, 235 Griffing Ave. , Riverhead, New York, on October 21, 1988, at 9: 30 A.M. , or as soon thereafter as counsel can be heard, for a review pursuant to Article 78 of the C.P.L.R. of the resolution adopted on August 25, 1988, which is annexed to the petition as Exhibit E, and for a judgment directing and compelling respondents to retract and vacate such resolution and declaring such resolution to be null and void, on the grounds that respondents .adopted such i 4) resolution in violation of lawful procedure and in excess of jurisdiction, that the resolution was affected by error of law and was arbitrary and capricious, and an abuse of discretion, and was on the entire record unsupported by substantial evidence, and that in rescinding the permits referenced in the resolution respondents failed to perform the duty enjoined upon them by law and violated petitioners ' Constitutional right to due process. . Dated: October' O , 1988 KIEFFER AND HAHN By yv` ,� & �l y� Attorneys for Petitioners 111 John Street New York, NY 10038 (212) 349-9400 TO: Respondents above-named 2 i `fl y i i SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -----------------------------------x EDWARD R. DEUTSCH AND Index No. 88-16599 EILEEN E. DEUTSCH, Petitioners, -against- VERIFIED AMENDED PETITION _ THE BOARD OF TRUSTEES OF THE TOWN OF SOUTHOLD, FRANK A. KUJAWSKI, JR. , ALBERT J. KRUPSKI, JR. , JOHN M. BREDMEYER, III, JOHN L. BEDNOSKI, JR. , and HENRY P. SMITH, Respondents. -----------------------------------x Petitioners, by their attorneys, Kieffer and Hahn, hereby respectfully petition this Court as follows: 1. Petitioners reside at 87 Bellows Lane, Manhasset, New York. 2 . Petitioners are the owners in fee of the wetland premises at Cedar Beach Road, Southold, New York, described as Parcel II (the "Premises") 'in the deed which is annexed hereto -as Exhibit A. 3 . By application dated January 19, 1988 , a copy of which is annexed hereto as Exhibit B, the petitioners applied to respondents, the Board of Town Trustees of the Town i of Southold, State of New York (the "Board") for the issuance of a permit to construct a fixed elevated walkway, ramp, floats and pilings on the Premises (the "Proposed Work") . 4 . On or about May 5, 1988 the Board issued its r Wetlands Permit No. 471 to the petitioners for the Proposed Work (a copy of which is annexed hereto as Exhibit C) and also issued the Board's Authorization Permit No. 3643 , dated May 4, 1988 (a copy of which is annexed hereto as Exhibit D) (the "Permits") . 5. Without any prior notice to the petitioners, or to the public, and without any opportunity to be heard, the Board apparently resolved at its meeting of August 25, 1988 to "rescind" the Permits. 6. On information and belief the Board's resolution was caused by an ex-parte communication from a litigant in a separate action against petitioners. 7. By letter dated August 29, 1988 (a copy of which is Exhibit E hereto) petitioners were notified of the Board' s action. 8. By its above alleged actions the Board has failed to perform the duty enjoined on it by law, has violated i 2 petitioners Constitutional right to due process, and has caused petitioners to incur unnecessary additional expenses (including without limitation, costs and attorneys ' fees) . 9. There has been no prior application for this or similar relief. 10. This proceeding has been commenced and an order pursuant to C.P.L.R. Article 78 is necessary because the Board's resolution was adopted in violation of lawful procedure and in excess of jurisdiction, it was affected by error of law and was arbitrary and capricious, and an abuse of discretion, and on the entire record was unsupported by substantial evidence, and in adopting the resolution respondents failed to perform the duty enjoined upon them by law. 11. Petitioners request that pursuant to C. P.L.R. Article 78 the Court review the resolution of the Board adopted on August 25, 1988 whereby the Board "rescinded" the Permits. 12 . Petitioners request a judgment pursuant to C.P.L.R. Article 78 directing and compelling respondents to retract and vacate /the Board resolution, and declaring such 3 a• i resolution null and void. WHEREFORE petitioners respectfully request the relief set forth in the Notice of Petition, as amended, together with costs and disbursements. KIEFFER AND HAHN Attorneys for Petitioners 111- John Street New York, NY 10038 (212) 349-9400 4 , •a i STATE OF NEW YORK ) ) . ss: COUNTY OF NEW YORK ) I, EDWARD R. DEUTSCH, being sworn, say: I am a Petitioner in the within action; I have read the foregoing Petition and know the contents thereof; the same is true to my knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. , Edward R. Deutsch ' Sworn to before me on October fA , 1988 Notary Public NICHOI.AS Z HEGEDUS Notary Public,State of New York No.4920906 Qualified in New York County Commission Expires Jan.25,1990 5 �;:•. PF 30 01861 E 1 N.Y.B.T.U.Form t007 Bargain sndSal.D.-d.with C".ct.nc agAn tors A�.y,EFrfdwi or Cp,par•tin�. �" ESIGNINGTHISINSTRUh'.ENTTHISINS.RUN HpULDBEUSEDBY LAWYERS ONLY. 6 UJ YG ��o� �yv 3� THIS INDENTURE,made the 3 le day of August nineteen hundred and eighty-seven A• BETWEEN RUDOLPH J. DE HAAN and FLORENCE4DE �iAAN, his wife, 1234) Southold, residing at (no #) Pine Neck 'Road, Box New York 11971 4303 party of the first part,and EDWARD R. DEUTSCH and EILEEN E. DEUTSCH, his wife, residing at 87 Bellows Lane, Manhasset, New York 11030 J . party of the second part. WITNESSETH,that the party of the first part,in consideration of S - _________________ dollars, 10 0 TEN ($10.00)----------------------------------- SECT. lawful money of the United St6tes, and other valuable considerations paid 089.00 by the party of the second part,does hereby grant and release unto the party of the second part,the heirs,or BLOCK successors and assigns for the party of the second part forever, 01.00 LOT PARCEL I: ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying 010.601{ I and being iaxfxe at Bayview,Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: _-__ -------- -- - BEGINNING at a point located on the westerly side of Cedar Beach Road, which pointfs;.at the division line of the subject premises and land now or formerly of Pace; running thence North 66 degrees, 52 minutes, 20 seconds West 138.72 feet to land now or formerly of Akscin; thence North 24 de- grees, 24 minutes, 20 seconds East 33.11 feet; thence North 22 degrees 16 minutes, 40 -seconds East 226.92 feet; thence North 22 degrees 24 minutes, 30 seconds East 516.98 feet; thence North 21 degrees 45 minutes 20 seconds East 363.40 feet; thence North 23 degrees, 02 minutes. 50 seconds East 406.50 feet to land now or formerly of Stott; thence South 46 degrees, 14 minutes, 20 seconds East 240.62 feet; thence South 20 degrees, 05 minutes, 10 seconds West 31.20 feet; thence South 88 degrees 01 minutes 10 seconds East 135.15 feet; thence South 52 degrees 13 minutes 00 seconds East 147.85 feet; thence South 55 degrees 53 minutes 00 seconds East 219.05 feet; thence South 57 degrees 50 minutes 30 seconds East 369.44 feet; thence South 38 degrees, 37 minutes 00 seconds East 67.10 feet; thence South 57 degrees, 22 minutes, 50 seconds East 102.50 feet to Paradise Point Road; thence South 24 degrees, 53 minutes 20 seconds West ` 69.16 feet; thence North 6S degrees 06 minutes 40 seconds West 200.0 � feet along land now or formerly of Weumouth; thence South 24 degrees 53 minutes 20 seconds west 441.68 feet; thence South 76 degrees 53 minutes 00 seconds East 62-62 feet to land Rositzke; thence South 83 degrees 49 minutes, 40 seconds West 10.5.95 feet; thence South 13 degrees 07 minutes 00 seconds West 165.0 feet to .northerly side of Cedar Beach Road; thence along said road North Z6 degrees, 53 minutes 00 seconds west 127.61 feet; thence still along said road north 86 degrees OS minutes 50 seconds-west 779.07 feet; thence still along said road south 23 degrees 07 ininut?s 40 �! seconds west 307.02 feet to the point of beginning. PARCEL ITT_: JLOCK ALL that certain plot, piece or parcel of land, situate, lying and being at Bayview, Town of Southold, Suffolk County, New York, being more par- ticularly bounded and described as follows: SECT. BEGINNING at a point of the easterly side of Cedar Beach Road, which point is the division line of the subject premises .and land now or fo-rinarly of R. -Ak wain; ruining thence along Cedar Beach Road north 23 degrees 07 minutes 40 seconds east 2S9.92 eet; thence south 36 degrees 05 minutes -1`Ti���� 50 seconds east 543.91 feet to land now or formerly of Gazza; thence South 03 degrees 54 minutes 10 seconds west 85• feet to Dryad's Basin; running tiencz along Dryad's -Basil: in a generally westerly and southerly direction 382.04 meet rz re or less to land of Akscin; thence. south 88 degroos 27 10405 pc minutes, 4G �,�conds west 125.0 feet; thence norzn' 66 degrees 52 minutes 20 -seconds west 200.0 feet to the point of beginning. ° r Parcel I above is subject to the following right of way in favor of the grantors herein and the owners of the premises adjoining Parcel I on the west, said right of way is more particularly bounded and described as follows: ALL that certain plot, .piece or parcel of land, situate, lying and being at ; 's Bayview, Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point- located on the westerly side of Cedar Beach Road which point is at the division line of Parcel I above described and land now or formerly of Pace; running thence north 66 degrees 52 minutes 20 seconds west 138.72 feet to other land now or formerly of the party of the first part; thence north 24 degrees 24 minutes 20 seconds east 15 feet; thence south 66 degrees 52 minutes 20 seconds east 138.72 feet to the westerly side of Cedar Beach Road; thence south 23 degrees 07 minutes 40 seconds west 15 feet to the point or place of beginning. , The party of the first part herein are the same persons named as the grantee in deed recorded in Liber 4637 cp. 76,; 78•and 83. ` STATE OF NEW YORK.COUNTYOF Cvi4•tCRC-N as. STATEOF NEW YORK,COUNTY OF JA On the -1p vay of August 19 87. before me On the 3 ilaf-day of Augusta 19 87. before•ma- personally came 'RUDOLPH J.. DE HAAN Personally came FLORENCE"DE HAAN to me known to be the individual described In and who to me known to be the individual• described in and who executed the foregoing Instrument, and acknowledged executed-the foregoing instrument, and acknowledged that he executed the same. that She executed the same. • c of ry Public Notary Public KAREN M.WILLIAMS KAREN M.WILLIAMS - M-tars•Publie,Satz of New York Nut.rr rub lq Sot:\,r N:•w•Yod:� ..•rr nCnuntif—Nu.2229729 p•Q W.rnn om.tr—\;.,L2t7_7 .:-o.ruu.sswb c:olres[daseb J0,t9 U_�1 Mrcromm:sslon exokrc.li.reh 70.U1L1 STATE OF NEW YORK,COUNTY OF ss: STATE OF NEW YORK,COUNTY OF ss:- V 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 I am personally acquainted,who,being by me duly. sworn,did depose and say that he resides at No. that he is the ;that he knows of to be the Individual the corporation described described in and who executed the foregoing instrument; in and which executed the.foregoing instrument;that he that he, said subscribing witness, was present and saw' knows the seal of said corporation;thatthe seal affixed to said instrument is such corporate seal;that it was so affixed by execute the same;and that he,said witness, order of the board of directors of said corporation, and at the same time subscribed h name as witness thereto. that he signed h name thereto by like order. \ n +Gargain anh-9a[r Dub SECTION Covenant Against Grantor's Acts With BLOCK Title No. LOT _ COUNTY OR TOWN RUDOLPH J. DE HAAN and FLORENCE DE HAAN, his wife, Recorded at Request of To Title USA Insurance Corporation of New York RETURN BY MAIL TO EDWARD R. DEUTSCH and EILEEN E. DEUTSCH, his wife. EDWARD-P. OtHANLON, ESQ. KIEFFER AND HAHN, ESQS. Standard Form of New York 111 John Street Board of Tide Underwriters Uiatributed by New York, N. Y. 10038 Title USA Insurance zip No. Corporation of New York a nr/JD m v cc 2peZ a t o W o ZO�m CA rmjt O� -t y o x v q•:•: �� Ei r :~ \ 10405 PC 79 TOGETHER with all rights,title and Interest,if any,of the party of the first 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 of 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 notdone or suffered anything whereby the said premises have been incumbered 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 rightto receive such consideration as a trustfund 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"part"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: Rudolph . De Haan A�z Flore,.cn c-r— ac.n -- � — '� ENVIRONMENTAL SERVICES AUG - 31989 t TO�,FV 0"+ : SO EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 516-283-6360 FAX NO. 516-283-6136 op August 1, 1989 Board of Trustees Town of Southold Town Hall, 53095 Main. .Road Post Office Box 728 Southold, New York 11971 1 Re: Edward Deutsch Permit No. 3643 Dear Sirs: Attached please find a copy of the New York State Departm nt of Environmental Conservation amendment for the project referenced above. Would you please add to your file and proceed with processing of the amendment pending before you . Should you regiureany additional information please do not hesitate to call . Yours truly, Ca) 64r, 7L U y Roy L. Haje President /khs Enc . New.York State Department of Environmental Conservation Building 40—SUNY, Stony Brook, New York 11794 ( 516 ) 751-7900 AMENDMENT TO PERMIT Thomas C. Jorling former Commissioner ' Permit # ( if any) : uw n e r RE: Permit No. 6 Location: AUG Dear Your recent request to extend the above permit has been reviewed pursuant to 6NYCRR, Part 621 . It has been determined that there has not been a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit ; therefore, the expiration date is extended to Your recent request to modify me above permit has been reviewed ursuant to 6NYCRR, Part o21. .rIt has- been determined that the proposed modifications will not substantial'%, change the scope of the permitted actions or the existing permit conditions . Therefore , the permit is amended to authorize: 3 'yid �,�,�,, ,� y, ,,� �� �� 3 'y711317 y1clo /)&,W— h letter is an amendment to the oriy ginal permit and as such,P uc shall be posted at the job site. All other terms and conditions remain as written in the original permit. Very truly yours, Deputy Regional P rmit Administrator c c : `�/�' r 9 A YW, I E/W 3 ( 41 kA6T a o6 S4c/T 4iAP 3 r • L�us to a r / 6a00 i C G CEDAR fv0� r }E a BEACII Cwr I �RrAo5 8,9s A , $ PARK o edar BeachCi w Point w �FGcA-r `u h Q -� MNLJ_ .� `fib kv ? s act���,�� �� `'��'v � c• IC T (�-� 0° FEET p o �o �P • �0 S Q°h op I j QQ' DA TC!M: M Pu!q POSE: PRIUA-►-E l� Q' SO -r Oc PRO Pc 5140 W^L.K W A A 0 J A C—G14 T O&O V6R 5 EDWAR.D DEVTSCN I. RAY AKSC�N Vh G� on DAYAOS J5A3i•V 1G dy- Sow-rHaLDl S vFa�oc,r Co.�mil. Y S HEET loft 118l88 a/as/s s a//Vg 9 7//3/89 f jo ,4 ENVIRONMENTAL `'✓%�`� �' ' s SERVICES Al I E EN-CONSULTANTS, INC . 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 516-283-6360 FAX NO. 516-283-6136 July 13, 1989 Board of Trustees Town of Southold Town Hall, 53095 Main Road Post Office Box 728 Southold, New York 11971 Re: Edward Deutsch Cedar Beach Road, Southold Dear Sirs : Your permit number 3643 was issued on May 4, 1988 for the construction of a timber dock. Subsequent .to that issuance a lawsuit was filed by the neighbors objecting to the size of the doek:wwheh:,: prevented my client from proceeding. In a recent de- cision,a compromise between both parties was reached wherein a dock of reduced dimensions could be built. As agreed upon, the dock will consist of a 3 ' x 75 ' fixed elevated catwalk; 3 ' x 12 ' hinged ramp; 5 ' x 16 ' float with a 6 ' x 24 ' float arranged in an "L" . A revised work plan reflecting this modification is attached. Please amend and reissue your permit. As all fees were paid for the previous structure which was not built, I trust it will not be necessary to pay addi- tional fees at this time. nn,�(( By copy of this letter and work plan I am requesting Page Two Re: Edward Deutsch Cedar Beach Road, Southold other involved agencies to similarly amend the permits which were issued by them. Your truly, Roy L. Haje President RLH:khs Enc. cc: DEC #10-88-0124 COE #88-121-L2 DOS #F-88-058 JUL 18 1989 BJi.. .• p _ __ . r8"AYWIEW 1 MM', 0 i S u FFe`K �• J,YI r � /fa6s.-rozat7. t-iAP-23 r COS o n :9 d �"c $0��� O Hf AR C`EDA d c CBEACH a �vo �, Q EA� couNrr ,. PAAK Ci M I °+ � edar Beach f A�, Point v CIA 7- I ` P 1 F � H � 0 '�� �G.. �• ail °1 �\ x "�•� `car, a o m v C CD tf FEET J a o So S d oT6S: DA TU M! M LL 4J Pv/�Poste: PRIVA•7-E � `o Q� So A T Do�k �P i(� PRO PO Sc'O ILK WA /A0JACAG147 dw/YERS: ,=,oWAR.D DEvTSCH RAY AK$C/A/ � on DAV-AOS 13ASIAl ml" J ou'rh/CL Dr S vFl=o4.,iC Co.)AL Y' 5 HEET /of/ l/a/88 3/as/ss a/i3✓g9 7/13/89 B A YlN,q E)W vl o a v) r FfaGs-►•aon. �APa3 _ ' � �' Lp,os o h PIC oa COMM cEDA BEA H I Pic 4O� i ®Rraos r3,9s1.4 edCiar Beach Point "FL aAT I I � 1 FGOAT A 3�X�a�RAnP = VP 1 \t b a a m C \ c^ d rL FEET \. p a �P S � h�o Qo �oTE5: •j �.� DA -ruM: M c✓ PvR Poste: PR�uATc `? /aQ' SO T Do P /� PRO PO Sc D w,%4.x W A Y A 0 J A CC IQ 5: ��, � � Oo c K -Fa.- 0 �plJARD DEv"TSCH o?. RAY AkSC1AI a on DAB -AD5 4AsiN at SOVTi�ICLO, V FrPO4. Co.�A(. Y $HEET /of( 3/as/s s a/i3/89 7//3/87 v 8"A YW I E' • h KAGST2o%`/. HA.Pa3- -- Ldps o h -� b O f O t M90 Pbd C�EDA a s CEDAR yoo �I. 4 Q EA. PARR M Adarach v P� Point 6'aray''L.,FL OAT I � 1 � s'xi6 FL oft-r ,c ko 1 \! H u v \ /J FEET �0 S ph �oTE5: •�� �.� I� Q DA Tc>M: PvR POsE: PR IVR'T't `o / Q� 130 A.r ,Do k ,P ^a PRO Po SC'O W l%LK W A Y -For— �k� A\0 ,—D&✓ARD OEVTSCH RAY AIGSC1N �0 on DAYAOS OASIAt hat Sou-rHoc. D,, SVFF01-K Co.)A( Y. s NEE-r rof r �/e/88 3/as/es a/i3/s 9 7//3/B7 To: Town Attorney James Schondebare From: Frank A. Kujawski, Jr. , Pres. Town Trustees Re: Edward Deutsch Date: July 27, 1988 Will you please review this matter regarding Mr. Tasker' s decision in 1984 that a permit should not be issued for this property? Attachment FK DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK. N.Y. 10278-0080 _ June 29, 1988 RcPLr ro ATW"T"OF Regulatory Branch/Permits Sectiom SUBJECT: Application No. 88-121-L2 by Edward Deutsch Board of Town Trustees Town of Southold 53095 Main Road, Box 728 Southold, NY 11971 Gentlemen: We have received a request for Department of the Army authorization for the following activity: ACTIVITY: construct a timber pier assembly, consisting of a 4 foot wide by 100 foot long fixed walkway, elevated a mimimum of 4 feet above existing wetland; a 4 foot by 14 foot and two (2) 6 foot by 16 foot floats to be secured by pilings; IN: Dryad's Basin, Shelter Island Sound AT: Southold, Suffolk County, New York APPLICATION BY: Edward Deutsch 87 Bellows Lane Manhasset, NY 11030 As this work is minor in nature, authorization may be by Letter of Permission. This is in accordance with current Federal Regulations governing work in navigable waters of the United States. To accomplish the coordination required, prior to the issuance of a Letter of Permission, your review of the enclosed drawing is requested. �_ _,l•- Pursuant to Section 307(c) of the Coastal Zone Management Act of 1972 as amended (16 U.S.C. 1456(c)), the applicant has certified that the activity complies with and will be conducted in a manner that is consistent with the approved state coastal zone management program. To allow for the timely processing of the subject application, your comments are requested within 20 days of the date of this letter. Sincerely, Joseph J. Seebode Acting Chief, Regulatory Branch Enclosure 8 A Y'V I EzW O So HAG a -7-rz-h /`-rf}.P a 3 � /moo yam.•-`:\ . � �a Zoe_. A OJ AP P(1 0 f.. I CEDAR EDAR,'�, BEACH c h r0j� b L b Couvrr PAAX edar Beach Point /6 FLonTS � � b I -1 i 0 v 5 `�'x Iy�Rr9MP 0 �v a L O� 0 �T v �o CD o \ U AW- o a v 0 \0 o hQi /V o-ram 5: J ` �oC PuR POSE : PRIu^ r� l'/ �< UpCK a 4' �� PRO paS,cE0 L/<WeAY' P � OJ/�CEn/T UwNERS: + ,� DOCK a on Dt--,, YtAos 13,g5""( h' t9 art So"-r HoL D1 �� SuF1^o�K Co, Y. SHEET /of /./8/88 3/as/s$ THIS PERMIT IS CONDITIOI AGAINST THE USE OF TBT OTHER ORGANO-TIN BOTTOM PAINTS EXCEPT WHERE EXPJkESSLY PERMITTED IN WRITING- uY THE TOWN TRUSTEES. ' & 1. AM; 7, Board Of Southold Town Trustees SOUTHOLD, NEW YORK Mooring No. N/A PERMIT NO. .................................... 3643 DATE: Aj�Y...4.�....�9.8_8 ]VZ1 Mn Tn Edward Deutsch .En-Consultants, Inc. for En 0 ..... . . ........................................................................................................................................... Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Southold Town Ordinance en- fifled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR'OTHER MATERIALS FROM LANDS UNDER TOWN WATERS; and in accordance with the lution of The Board adopted at a meeting held on Ap;ril...21 k.l Reso I P 3F ......................... paid by 19P....... and in consideration of the sum of $.....206 00 i�` t� `(. En-Consultants, Inc. for Edward Deutsch Ids ....................................................................................................................................................................... of ....Southold ........................ N. Y. and subject to the II Terms and Conditions listed on the reverse side hereof, Of Southold Town Trustees authorizes and ppermits the following: Construct a 3' x- 100' catwalk, 3' x 4' ramp (2) 51 x 16 floats to be tied together end to end and to be secured by three pilings. all in accordance with the detailed specifications as presented in ...the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be affixed, and these presents to Y,� be subscribed by a majority Of the said Board as of this date. ... ..........or.. ..... ........... C= Ln i 7&1 ... ................... ........ ...... ..... ...... ... ......... .......(.,& ....... .......... Trust es % v �13 ATIM W, ------------------------7----------------------------------------- -- ---- ------ ..Please tear off and return to the Trustee Office. ..Board Of South-61d Town Trustees, SOUTHOLD, NEW YORK Mooring Permit - No. Date: Mooring No. certify that- the- work as authorized in this permit has been completed and is now ready for your inspection. Also, the number required on this project is clearly visible. I further understand this permit is. .not valid until this tear off .'sheet is returned to the Trustee Office. TERMS and CONDITIONS 7residingg ttee En—Consultants, Inc. for Edward Deutsch Cedar Beach Road, Southold N. y., as 111E 6 VL ULC <.VLLISYGL64V11 1VL L4G •JJ.i4aL..G VL YL4 L GLaLaI YVbJ Yl1YVaJ1.611Y 611Y tIL..JL.LIVG: LV 41{: LVl- slowing: 1. That the Trustee Permit most be prominently displayed on the.premises effected thereby during.the period of work under the permit. 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any oper- ation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, .to the complete exclusion of the Board of Trustees of the Town of Southold 2. That this Permit is valid for a period of 12 mos. which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a Iater date. I That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that auth- orization was originally, obtained. 4. That .the work involved will be subject to the inspection and approval of the Board or -its agents, and non-compliance with the provisions of the originating application, may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable'interference with navigation as a result of 'the work herein authorized. ` 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized,. or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work or project herein stated without expenses to the Town of Southold 8. That the%said Board will be notified by the Permittee of the completion of the work auth- orized. 9. That the Permittee will obtain all other permits and consents -that may be required sup- plemental to this ermit which may be subject to revoke upon failure.to obtain same. (See .tear ofV sheet.) TOWN OF SOUTHOLD BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK WETLANDS PERMIT This Wetlands Permit No. AE............ has been granted by the Town Trustees according to information furnished in Application No. ...6.1.1. . ........ filed by Applicant ,.En,-Consultants, Inc. ........................ ..for Edward Deutschon ,.April L! , 19.A8 .... A map of the proposed work will be kept on file in the Trustee Office under the application number given. Permit granted to do the following work ..To,,construct a 3' x 100' catwalk, 3' x 14' ramp.. . ............................................................................. and (2) 5' x 16' floats to be tied together end to end and to be secured by 3 .................................................................................................................................................................. pilings. ................................................................................................................................................................. Location of property on which work to be done ...Cedar Beach Ro , Southold.................... . ......................ad...................... ...... . ................................................................................................................................................................. . ................................................................................................................................................................. Creek, Bay or Harbor fronting property „Dryads .Basin.......................................... ...................... ................................................................................................................................................................. Size of work: Length ,,,,,100'...catwalk,..14', ramp .....(2)._16'..floats Width 3' n 3' n 51 u Height Above High Water n/a .............................................................................:................ Depth Below Low Water .......n/a................................................................................... Yards to be Excavated n/a . ..................................................................................................... Yards to be Filled ...................n/a ...................................................................................... Manner in which material is to be removed or deposited .....n/a ............................................................. ................................................................................................................................................................. Intended use of property ...Residential ................................................................................................................................................................. Conditions if any ------------------- ..................................................................................................................................... ................................................................................................................................................................. Expiration Date ,,,,Maur 5, 1990 if work has not commenced,by.said..date......................... ....................................................................... ... ...... ........ Number of Inspections Required ....2;Trustees are to be notified upon completion of the.. work. .................................................. ................................... Inspection Fees $10.00 paid . ......$10..0 0................................................................................................................... ------------------------------ LiabilityPolicies in the Amount of ......................................................................................................... The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations here- under until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Trustees upon receipt by the Trustees• of written notice from such other governmental or municipal authorities of its refusal or disapproval. The applicant does by the acceptance of this permit, assume all responsibility for operations under- taken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the applicant also agrees to indemni- fy and save harmless the Town, and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of applicant, his agent and employees. The applicant and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and -Ats ofricers and employees to enter upon the premises where such operations are being conducted io make such inspections as the Town may deem necessary to insure that such operations are being con- ducted in conformity with this permit. Thisoperation will not substantially: A. Adversely affect the wetlands of the town. B. Cause damage from erosion, turbidity or siltation. C. Cause saltwater intrusion into the fresh water resources of the town. D. Adversely affect fish, shellfish' or other beneficial marine organisms, aquatic wildlife and vege- tation or the natural habitat thereof. E. Increase the danger of flood and storm-tide damage. F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town. G. Change the course of any channel or the natural movement or flow of any waters. H. Weaken or undermine the lateral support of other lands in the vicinity. I. Otherwise adversely affect the health, safety and general welfare of .the people of the town. Signed . .................: ..... ...................................... Pr sident '• Board of Sout Id Town- Trustees Date........ .G:................................................ iz- a.�s.. - � BOARD -- - ----• � � . .. .. . . _ _. _ _- _ _ - . _ _ _ 1 OF Tom\T TRUSTEES TO1V11' OF SOUT'1IOLD 53095 D1uiu Road Ph � •� �"''�� R one 765-1892 Southold, N, y, I1971TQ. 32480- ®RECEIVED OF Date_ u� 1 For &ZDollars P BOARD � �czRh Cl Check OF ToTRUST � .�«.®..�.. .�,,�. O EES W a.®«� .anPas«®ww.c�«so.e►.�•�«�.gas.s.s.®o®.ss�s®.sosPso+��o®.s.®.ers.w«as.i} BOARD OF TOWN TRUSTEES It TOWN OF SOUTHOLD 1' 53095 Main Road Phone 765-1892 3 2 3 2 3 " i Southold, N. Y. 11971 1 DatcQez� L 19 RECEIVED OF, CZ, 1 %12�L �'f G71 Dollars 3 For BOARD OF OWN TRUSTEES 1 1 Cash ❑ Check /�/� C�' • 1 1 7D C Af FQt'° Frank A. Kujawski, Jr. , Pres. �� . HENRY P. SMITH, JOHN M. BREDEMEYER .. III TELEPHONE t y u (516) 765-1892 John B.ednoski, Jr. ` . ;M ALBERT KRUPSKI, JR. , Vice-President d � a � BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 April 25, 1988 Mr. Roy L. Haje, President En-Consultants, Inc. j 1329 North Sea Road Southampton, New York 11968 Re: Application No. 611 Dear Mr. Haje: The following action was taken by the Board of Town Trustees during their regular meeting held on April 21, 1988 regarding the above matter. WHEREAS, En-Consultants, Inc. on behalf of Edward Deutsch applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 19, 1988, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on April 21, 1988 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that En-Consultants, Inc. on behalf of Edward Deutsch BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: To construct a 3' x 100'"6atwalk, 3' x 14' ramp and (2) 5' x 16' .floats to be tied together end to end and to be secured by three pilings. Property is located on ,.aCedar Beach Road, Southold. .r This permit will expire two years from the date it is signed if work has not commenced by said date. There are two inspections required and the Board of Trustees En-Consultants, Inc. for Edward Deutsch Page 2. 1•.1 Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such - - amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. PLEASE NOTE THAT THE TRUSTEE PERMIT IS MORE RESTRICTIVE THAN THE DEC APPROVAL. KINDLY RETURN TO THE BUILDING DEPT. FOR A DETERMINATION ON THE NEED OF ANY OTHER PERMITS THAT MAY BE REQUIRED FOR THIS PROJECT. The following fees are now due: 3' x 14' ramp @ 1.00 sq. ft. $ 42.00 (2) 5' x 16' floats 64.00 3 pilings @ 25.00 ea. 75.00 $25.00 Trustee Application fee 25.00 $10.00 Wetland Inspection fee 10.00 Total Amount Due: $216.00 due Very truly yours, Frank A. K 'awski, Jr. President Board of Town Trustees FAK:ip cc: Commissioner Thomas C. Jorling, D.E.C. ; Albany Robert A. Greene, D.E.C. , Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C.A.C. Victor Lessard, Admin. , Building Dept. Planning Board Board of Appeals Town Clerk file 1 March 24, 1988 - Page _ On a::motion made by John Holzapfel, seconded by John Tuthill it was RESOLVED to recommend to the Southold Town Trustees that Wetland Application No. 610 of Joseph and Joyce Zevits be tabled pending clarification of the location of the wells and cesspool- system. Little Peconic Bay Lane, Southold. Vote of Council: Ayes: All Motion carried. On a motion by John Holzapfel, seconded by JOhn Tuthill, it was RESOLVED to recommend to the Southold Town Trustees approval of the Wetland Application No. 611 of Edward Deutsch to construct a fixed elevated walkway, hinged ramp, two floats with pilings. The CAC approves with the stipulation that there will be no off road parking which would result in harm to the marsh. Cedar Beach Road, Southold Vote of Council: Ayes:•All Motion carried. On a motion by Heather Tetrault, seconded by Margaret Feeney, it was RESOLVED to recommend to the Southold Town Trustees approval of Wetland Application No. 612 of Arnold Blair to add to an existing dock a ramp and float. Vanston S Sunset Road, Cutchogue Vote of Council: Ayes: All.' Motion carried. DISTRIBUTION OF NEW APPLICATIONS N0. 614 - Oyster Farm Associates by Neted of America, Ltd. by Henry E. Raynor to dredge, enlarge bulkhead existing marina basin. East side of Shipyard Lane, East Marion Group Inspection No. "615 - Bernard and Carole Kiernan by Garrett A. Strang to- construct catwal dock and floating dock. - North Parish Drive, Southold Daniel Kujawski inspection No. 616 - John C. Vassil for Costello Marine Contracting Corp. to replace existing bulkhead, in kind, in place. Salt Lake Lane and James Creek, Mattituck. Margaret Feeney inspection No. 617 - Janet Swanson by En-Consultants, Inc. toc.construct 100' of timber retaining wall with two 15' angled returns., Wall to be approximate 4' north of toe of bluff and landward of MHW. Wall will be armored with approximately 40 c:y. of 1000 to 1000 lb. stone. Ryder Farm Lane, Orient Group inspection No. 618 - Wilhelm Franken by J. H. Geideman to dredge approximately 300± c.y. Maintenance dredge, fill to upland site by contractor. • 965 Osprey Nest Road, Greenport. John Tuthill inspection f _ ORK e9 .THE FOLLOWING APPLICATIONS located on Cedar Beach Road, SS: O�IC�S ,?FOR PERMITS DER THE PRO- Southold. - TLAND OR- "•ALL PERSONS INTERESTED IN FOLK NOTICE OF HEARING DINANCE OF THE TOWN SAID MATTERS SHOULD APPEAR . ON THE WETLAND T:30.P.M. In the matter of he AT THE IBM AND PLACE ABOVE apphca APPLICATION ° cation of James F.Mutphy to "SPECIFIED AND WILL BE GIVEN of Greenport, in NOTICE IS HEREBY GIVEN '.construct a walkway. ramp-and AN OPPORTUNITY TO B E ng duly sworn, says that he/she is THAT PUBLIC HEARINGS WILL ;;.float on'property located at'735 HEARD. COMMENTS MAYBE BE HELD BY THE TOWN Wgtervtew Drive,, Southold. ::.._SUBMITTED IN WRITING PRIOR f THE SUFFOLK TIMES, a Weekly TRUSTEES OF THE TOWN OF 7:32 P.M. In the matter of the "1b THE DATE OF THE DARING, SOUTHOLD,ATTHESO aPP"dation of En-Consultants, John M. Bredemeyer, lished at Greenport, in the Town TOWN HALL, MAIN ROAD Mp on behalf of Edward Deutsch - w,construct a fixed elevated walk- President unty of Suffolk and State of New SOUTHOLD, NEW PORK, ON ; Board of Town Trustees , he Notice of which the annexed is THURSDAY.APRII,21, 1988 ON way; hinged ramp; and floats se- Dated:.April 4, 1988 cured by three pilings on property 5895-1TA7 , has been regularly published in er once each week for 1 ommencl he ively, c 'ng on t 7 tWV Princip I Clerk Sworn tot tfr me this day of 19 MARY K.DEGNAN NOTARYff PUBLIC,State of New York Suffolk County No.4849860�j Tp'rt ExDi;a,.FPbfJ8r"7 / COUNTY OF SUFFOLK ,,;:,NOTICE OF HEARING STATE OF NEW YORK ss: ON THE WETLAND APPLICATION.,:';::;',.;`,'. NOTICE IS HEREBY GIV- Patricia Wood, being duly sworn, says that she is the EN THAT PUBLIC HEAR Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, :, INGS WILL BE HELD O a public newspaper printed at Southold,.in Suffolk County; `:�=THE'TOWN TRUSTEES OF F . THE TOWN OF SOUTHOLD, and that the notice of which the annexed is a printed copy, AT THE SOUTHOLD TOWN has been published in said Long Island Traveler-Watchman 'HALT:, MAIN• ROAD, f SOUTHOLD, NEW YORK, once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . . weeks ON THURSDAY,.APRIL 21, 1988, ON THE FOLLOWING successively, commencing on the APPLICATIONS FOR PER- MITS UNDER THE PROVI- �� "SIONS OF THE-WETLAND 19 day . . . . ORDINANCE ��OF =•THE _ � J - TOWN. , �!`'. . .In the matter of t he 7:30 P M .. pplication of James F.Murphy. - J to construct a walkway, ramp and float on property located at 735 Waterview Drive,Southold. G: :. . ,7:32 P.M:In the matter of the Application of En-Consultants,. Sworn to before me this . . . . . . . . . . . . . . . . . . . . . day of - Inc. on behalf of, Edward- Deutsch to ;construct a fixed elevated walkway;hinged ramp;. • • • • ��. . . . . . . . . . . , 19 . . . . . 'and floats secured_by three pil- ings on property located on Cedar Beach Road, Southold. .TALL PERSONS IN- TERESTED IN SAID MAT- ✓ �'L�x�«_ �4-1.. TERS SHOULD APPEAR AT THE TIME AND. PLACE Notary Public ABOVE SPECIFIED AND -r` Jj `/, �`J�Tn WILL BE GIVEN AN OR ,,;y s PORTUNITY TO BE HEARD. • Y �.'uU°:� ti,,:..te of Z'ew COMMENTS MAY BE SUB- NO. 4 7ijm MITTED IN WRITING rua!)!�i2d in 2',) ul'x County PRIOR TO THE DATE OF C'-u,niissi n Expires �Z,� 3 i 19 F-P THE HEARING. John M. Bredemeyer, III "President Board of Town Trustees Dated: April 4, 1988 1T-4/7/88(58) (dP" ENVIRONMENTAL Ixt _ SERVICES EN-CONSULTANTS, INC . 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 516-283-6360 April 8, 1988 Board of Trustees Town of Southold Town Hall, 53095 Main Road Post Office Box 728 Southold, New York 11971 Re: Edward Deutsch Dear Sirs : Attached for you file please find a copy of the New York State Department of Environmental Con- servation permit. Please consider this in your deliberations on the application now pending before you for a Town permit. You truly, ZI— Haje President RLH:khs Enc. "�;... - ,NIV,' IURi. SiAll. UII'P.KIh,!N1 O1 INVIRI)NMINTAI CONSIKVn1ION IA( PE RAlll NtJnallf R EFFECTIVE DATE. 10-88-0124 l,/28/88 IACIIII1';PROGRAM NUn111IR(s) PERMIT IXPIRAIION Dn1Il,) Under the Environmental Conservation Caw N/A 1/31/90 ll Article 15, Title 3; 6NYCRR 327, 6NYCRR 608: Article 25: 328, 329: Aquatic Pesticides Water Quality Certification F Tidal Wetlands i — Article 15, Title 5: SPDES 17, Titles 7, 8: SArticle lid Waste tvlana1 ementRR 360: I____j Protection of Water g — Article t5, Title 15: Article 19: Article 27, Title 9; 6NYCRR 373: _� Water Supply Air Pollution Control' Hazardous Waste Management (— l Article 15, Title 15: Article 23, Title 27: Article 34: J Water transport Mined Land Reclamation Coastal Erosion Management -__-� Article 15, Title 15: Article 24: Article 36:. Long Island Wells Freshwater Wetlands Floodplain Management f 1 Article 15, Title 27: N—New, R—Renewal, M—Modification, r� Articles 1, 3, 17, 19, 27, 37; Wild, Scenic and Recreational C—Construct (`only), 0—Operate (`only) l�J 6NYCRR 380: Radiation Control Rivers PI Rntl'I ISSUI D l O Edward Deutsch i AMMI SG Of PI RMITTI I_-- 87 Bellows Lane, Manhasset , NY 11030 ACJNi IOR PERMIT III CONTACT PCRSOry TIILPHONt �,U-'0111K En-Consultants, 1329 North Sea Rd . , Southamptola,. NY 11968 -`:A\fl, AND.nDDRLSS Of PROJECT/FACILI'TY(If different from Pt+rnfttre) Dryads Basin - Southold )('ATION Of PROIFC'1!FnCIi.ITY COUNTY TOWNICITY/VILLAGE UTM COORDINATESSouthold Suffolk Southold �^ DFSCRIPTION Of AUTHORIZED ACTIVITY Construct elevated catwalk (4 'x100' ) , ramp (4 'x14 ' ) ,' two floats (6 'x16.' ) . r111 f — work shall be in accordance with the attached NYSDEC approved plan. GENERAL CONDITIONS By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compli- ance with the ECL,all applicable regulations and the conditions specified herein or attached hereto. 1 The perrnittee shall file in the office of the appropriate regional permit administrator,or other office designated in the special conditions,a notice of intention to commence.. work at least 48 hours in advance of the time of commencement and shall also notify him/her promptly in writing of the completion of the work. 2. 1 he permitted work shall be subject to inspection by an authorized representative of the Department of.Environmental Conservation which may order the work suspended if' the public interest so requires pursuant to ECL§71-0301 and SAPA.§401(3). .t 1 he perniltee has accepted expressly,by the execution of the application,the full legal responsibility for all damages,direct or indirect,of whatever nature,and by whomever suffered,arising out of the project described herein and has agreed to indemnify and save harmless the State from suits,actions,damages and costs of every name and desaip- lion resulting from the said project. 4 The Department reserves the right to modify, suspend or revoke this permit at any time after due notice, and, if requested, hold a hearing when. a) the scope of the project is exceeded or a violation of any condition of,the permit or provisions of the ECL and pertinent regulations are found; or b) the permit was obtained by misrepresentation or failure to disclose relevent facts;or c) newly discovered information or significant physical changes are discovered since the permit was issued'. 5 The permittee is responsible for keeping the permit active by submitting a renewal application,including any forms,fees or supplemental information which may be required by the Department, no later than 30 days(180 days for SPDES or Solid or Hazarduous Waste Management permits)prior to the expiration date 6 This permit shall not be.construed as-conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work or as authorizing the impairment of any rights, title or interest in real or personal property held or vested in a person not a party to the permit. 7 The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way which may be required for this project 8 Issuance of this permit by the Department does not,unless expressly provided for,modify,supersede or rescind an order on consent or determination by the Commissioner issued heretofore by the Department or any of the terms, conditions,or requirements contained in such order or determination. 9 Any modification of this permit grante the Dep ment must lyein writing and attached hereto: PERMIT ISSUANCE DATE PERMIT ADMINISTRATOR ADDRESS 1 28 88 Alfred T. Kellar ldg. 40 SUNY Rm. 219 Stony Brook, NY AUTHORIZED SIGNATURE Page-1 of cc: BMHP oe 9S-20-ba (art+t,)—25c ADDITIONAL GENERAL CONDITIONS FOR ARIICLF-S 15 (Title 5), 24, 2S, 34, 36 and 6 NYCRR Part 608 10. That if future operations by the State of New York require an al- other environmentally deleterious materials associated with tht, teration in the position of the structure or work herein authorized, or project. if, in the opinion of the Department of Environmental Conservation 14 Any material dredged in the prosecution.of the work herein permitted it shall cause unreasonable obstruction to the free navigation of said shall be removed evenly,without leaving large refuse pile,,ridges across waters or flood flows or endanger the health, safety or welfare of the bed of a waterway or floodplain or deep.holes that may have a the people of the State, or cause loss or destruction of the natural tendency to cause damage to navigable channels or to the banks of' resources of the State,the owner may be ordered by the Department to a waterway. remove or alter the structural work, obstructions, or hazards caused 15 There shall be no unreasonable interference with navigation by the work thereby without expense to the State, and if, upon the expiration or herein authorized. revocation of this permit, the structure, fill, excavation, or other 16 If upon the expiration or revocation of this permit, the project hereby modification of the watercourse hereby authorized shall not be com- authorized has not been completed;the applicant shall,without expense pleted, the owners, shall, without expense to the State, and to such to the State, and to such extent and in such time and manner as the extent and in such time and manner as the Department of Environmental Department of Environmental Conservation may require,remove all or Conservation may require,remove all or any portion of the uncompleted any portion of the uncompleted structure or fill and restore, the site structure or fill and restore to its former condition the navigable to its former condition. No claim shall be made against the State of and flood.capacity of the watercourse.No claim shall be made against New York on account of any such removal or alteration. the State of New York on account of any such removal or alteration. 17 If granted under Article 36, this permit does not signify in any way 11 That the State of New York shall in no case be liable for any damage - that the project will be free from flooding. or injury to the structure or work herein authorized which may be caused 18. If granted under 6 NYCRR Part 608, the NYS Department of E nviron- by or result from future operations undertaken by the State for the mental Conservation hereby certifies that the subject project will not conservation or improvement of navigation,or for other purposes,and contravene effluent limitations or other limitations or standards under no claim or right to compensation shall accrue from any such damage. Sections 301. 302, 303, 366 and 307 of the Clean Water.Act of 1977 12. Granting of this permit does not relieve the applicant of the responsi- (PE 95-217)provided that all of the conditions listed herein are rnet. bility of obtaining any other permission, consent or approval from 19: All activities authorized by this permit must be in strict conformance the U.S. Army Corps of Engineers, U.S. Coast Guard, New York State with the approved plans submitted by the applicant or his agent as part Office of General Services or local government which may be required, of the permit application. 13. All necessary precautions shall be taken to preclude contamination En—Consultants of any wetland or waterway by suspended'solids, sediments; fuels, Such approved plans were prepared by solvents, lubricants,epoxy coatings,paints; concrete, leachate or any on 1/8/88 SPECIAL CONDITIONS I; 1 . No dredging. 2. No disturbance to tidal wetland. vegetation. 3. Catwalk construction. minimum 4 ' over grade. 4 . No construction machinery, vehicles, supplies allowed' on tidal wetland. vegetation. Supplementary Special Conditions (A) thru (J) attached'. Additional Supplementary Special Conditions (M) (N) (0) attached. DEC PERMIT NUMBER 10-88-0124 PROGRAM/FACILITY NUMBER NSA Page 2 of 4 SUPPLEI'MTTARY SPECIAL CONDITIMS The following conditions apply to all permits: A. If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address and telephone noted below. B. A copy of this permit or approval and supplementary conditions shall be available at the project site whenever authorized work is in progress. C. The permit sign enclosed with the permit or a copy of letter of approval shad be protected from the weather and posted in a conspicinus location ized work.at the work site until completion of author ement of the project, the permittee shall D. At least 48 hours prior to commenc complete and return the top portion of the enclosed receipt form certifying that he is fully aware of and understands all provisions and conditions of itted work, this permit. Within one week completion erm ompletedpa d retu the returned. bottom portion of that form shall E. For projects involving activities to be accomplished over a period or more than one year, the permittee shall notify the Regional Permit Administrator in ;:�'iting at. least 48 hours to the commencement of resumption of work each year. F. If project design modifications take place after permit issuance,bthe . permittee shall submit the appropriate plan changes for approval the Regional Permit Administrator prior to undertaking. any such modifications. The permittee is advised that substantial modification may require mission of a new application for permit. G. All necessary precautions shall be taken to preclude contamination of any wetlands or waterway by suspended solids, sediment, fuels, solvents, . lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. H. Any failure to comply precisely with all of the terms reat and ed asitions of ion this permit, unless authorized in writing, shallb of the Environmental Conservation Law. I. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, NY District, 26 Federal Plaza, New York, NY 10278, (Attention: Regulatory Functions Branch) , prior to commencement of work authorized herein. J. The granting of this permit does not relieve the permittee of the royal responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, er Building, Empire State Plaza, Albany, NY 12242, which may be required for. any encroachment upon State-owned lands under water. Regional Permit Administrator NYS Dept. of Environmental-Conservation Bldg. 40, SUNY--Room 219 Stony Brook, NY 11794 (516) 751-7900 DEC # Page 3 of �f TEE FOLLOIJIM COFDITIOI'.,S S1;ALL APPLY IF CIIECI ED AS APPLICABLE BY TILE PEGICTAL PERMIT ADI_II'IST_,ATCi:: K. All dredFing shall be conducted so as to leave a uniform bottom elevation free of mounds or doles. L. All spoil material shall be disposed of either im Ilie Atlantic Ocean or at an app-:ove i U.S. Co'aer:ina,,t Pumpin-_t Ground, as directed by the District Engineer, U.S. Dep-,Lt- ment of the Army, Corps of Enrin.eers. Any spoil not intended for such water disposal. shall be removed f-cm the site and disposed of at an approved upland sites. 1 . All fill and spoil material shall be'suitably cont.r;ineri z, the work site so as to prevent its E:1.06in;, leaching, or o':-her- wise entering into adjacent w2-1:1=is and t-:ater;•,ays. PI. All peripheral rip-rr�p berri.i, cofferda:no, rock revet,:ments, gabions, bulkheads, et-,-. shall be conplcted pr4.or Lo placemc.it of any fill material behind such structure:;. 0. All repairs to existing structures shall be confined to re- placement of existing structural elements with no change in design, dimension, or materials, unless' specifically authorized herein. REGIONAL PERMIT ADI?II:IISTRATOR Division of Regulatory Affairs DATE: NYS Dert. of Environmental Conservation Bldg. 40, SUP?Y, Room 219 Stony Irook, I•n: 11794 DEC - (516) 751-7900 Pape 4 of 4 1967 A/ FAZEc T S u FFn 6 FG yA L? to So /O o KA G g T 3 cZ o/`1 Hfj P a 3 O O a CEDAR V E DA d ` BEACH BEACN M p p'b(s \ :Q E A�, Coua7Y PARK f dar� e Beach L ! Point , V) ilt ���`�X/6 FL O 19 TS � •1 141 Alx 1,Y RAM? �' r Q) c d D�L tt �j — - A o 0 0 0 OATuM: Hew -Pva Po3E: P�q(ciR-r-E' @' 840A, DO G K P PR�o Po$44, �✓A LK w A Y A 0 -t , a1�fL "OClTP/OL D, 5 NEET lof( i�e/88 HENRY P. SMITH ..Rt C7 E �C, � JOHN M. BREDEMEYER, III, President :r? ;r n r- TELEPHONE John Bednoski; Jr. ` (516) 765-1892 �. �- ALBERT KRUPSKI, JR., Vice-President BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 February 25, 1988 Mr. Roy L. Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, New York 11968 Re: 1000-89-2-1 Dear Mr. Haje: The following action was taken by the Board of Town Trustees during their regular meeting held on February 24, 1988 regarding the application for Edward Deutsch. RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of En-Consultants, Inc. on behalf of Edward Deutsch for a Wetland Permit on certain property located on Cedar Beach Road, Southold.' Please stake the property .for inspection scheduled for March 17th. Very truly yours, John M. Bredemeyer, III President Board of Town Trustees JMB:ip cc: file 771-11 --- Ea�G1.S10R STATE OF NEW YORK DEPARTMENT OF STATE ALBANY, N.Y. 1 223 1-000 1 GAIL S.SHAFFER SECRETARY OF STATE February 10, 1988 Mr. Roy L. Haje En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 Re: F-88-058 U.S. Army Corps of Engineers/New York District Permit Application - Edward Deutsch, Town of Southold Reauest for Additional Information Dear Mr. Haje: Pursuant to 15 CFR 930.58, the following data and information is necessary to enable the Department of State to adequately assess the coastal zone effects of this proposed project. Please note that the proposed project is located in both a state designated tidal wetland and a state designated significant coastal fish and wildlife habitat. Accordingly, questions (C) (2) (a) and (C) C2- (c) on the Federal Consistency Assessment Form (FCAF) should have been answered "Yes". Please submit a revised form which includes an assessment of the impacts of construction and use of the proposed docking facility on the tidal wetland (coastal policy 44) and the fish and wildlife habitat (policy 7) (a habitat narrative is enclosed to assist you in this assessment) . Pursuant to 15 CFR 930.60(a), the review of your consistency certification will begin after we receive and determine that the necessary data and information is adequate to assess coastal zone effects. Any additional information which you believe will facilitate our consistency review of this project would be appreciated. A copy of this letter has been sent to the U.S. Army Corps of Engineers. Please call me at (518) 474-3642 if you have any questions. Sincerely, Enclosure Andrew S. Milliken ASM:dlb Project Analyst cc: COE/NY District - S. Mars Division of Coastal Resources NYS DEC/Region 1 - R. Greene & Waterfront Revital-ivuzation Town of Southold Trustees HENRY P. SMITH Ost}'ac' +� �= TELEPHONE II, President JOHN M. BREDEMEYER , I } +� { � (516) 765-1892 ,lohn'Bednoski,. Jr. ALBERT KRUPSKI, JR. , Vice-President �� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 58095 Main Road P.O. Box 728 Southold, New York 11971 January 29, 1988 Mr. Robert A. Greene Alternate Regional Permit Administrator New York State Dept. of Environmental Conservation Bldg. 40, SUNY - Room 219 Stony Brook, New York 11794 Dear Mr. Greene: Transmitted herewith is Wetland Application No. 611 submitted by En-Consultants, Inc. on behalf of Edward Deutsch. We would like to coordinate with you in our role as Lead Agency regarding this application. May we have your comments on same by February 18, 1988. Very truly yours.' - John M. Bredemeyer, III President Board of Town Ti-ustees JMB:ip Attachments cc: Commissioner Thomas Jorling, D.E.C. , Albany Southold Town Building Dept. i t HENRY P. SMITH c= TELEPHONE I JOHN M. BREDEMEYER, II, President Ln (516) 765 1892 John Bednoski, Jr. ALBERT KRUPSKI, JR. ," -Vice-President BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 January 29, 1988 Mr. John Holzapfel, Chairman Southold Town Conservation Advisory Council Southold Town Hall Main Road Southold, New York 11971 Dear Mr. Holzapfel: Transmitted herewith is application no. 611 for a Wetland Permit submitted by En-Consultants, Inc. on behalf of Edward Deutsch. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, John M. Bredemeyer, III President Board of Town Trustees JMB:ip Attachment HENRY P. SMITH "t :4 JOHN M. BREDEMEYER,Ili, President t TELEPHONE .John Bednoski, Jr. �� n s (516) 765-1892 ALBERT KRUPSKI, JR. , Vice-President BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 January 29, 1988 To Whom It May Concern: Attached hereto is a Short Environmental Assessment Form submitted by En-Consultants, Inc. on behalf of Edward Deutsch for a Wetland Permit to construct a 4' x 100' fixed elevated (4' above grade of marsh) walkway; 4' x 14' hinged ramp; (2) 6' x 16' floats secured by (3) 8" diamQter pilings. Property is located Cedar Beach Road, Southold. ohn M. Bredemeyer, III, President Board of Town Trustees Posted: Jan. 29, 1988 HENRY P. SMITH C Z TELEPHONE JOHN M. BREDEMEYER,LK, President Ln ref .John Bednoski, Jr. (516) 765-1892 ALBERT KRUPSKI, JR. , Vice-President BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 January 29, 1988 To Whom It May Concern: Attached hereto is a Short Environmental Assessment Form submitted by En-Consultants, Inc. on behalf of Edward Deutsch for a Wetland Permit to construct a 4' x 100' fixed elevated (4' above grade of marsh) walkway; 4' x 14' hinged ramp; (2) 6' x 16' floats secured by (3) 8" diametw er 'pilings. Property is located Cedar Beach Road, Southold. . ZT . John M. Bredemeyer, III, President Board of Town Trustees Posted: Jan. 29, 1988 BOARD OF TOWN TRUSTE$S'. -- TOWN '.OF. SOUTHOLD SHORT ENVIRONMENTAL ASSESSMENT FORM Project Information (To be completed by Applicant or Project sponsor) 1. Applicant/sponsor 2. Project Name Edward Deutsch by En-Consultants, I c. 3. Project location: Municipality Cedar Beach Road, Southold County Suffolk 4. Is proposed action: E). New ❑ Expansion ❑ Modification/alteration 5. Describe project briefly: Construct a 4 ' x 100 ' fixed elevated ( 4 ' above grade of marsh) walkway; 4 ' x 14 ' hinged ramp; ( 2 ), 6 ' x 16 ' floats secured by ( 3 ) 8".'diameter pilings . 6. Precise location(road intersections, prominent landmarks,etc.or provide map) Cedar, Beach Road, Southold, New York 11971 7. Amount of land affected: Initially 2 . 9 acres Ultimately 2 . 9 acres 8. Will proposed action comply with existing zoning or other existing land use restrictions? L�4 Yes ❑ No If No,describe briefly 9. What is present land use in vicinity of project? r L.M Residential ❑ Industrial ❑ Commercial r ❑ Agriculture ❑ Parkland/open space ❑ Other Describe: Low density 10. Does action involve a permit/approval,or funding, now or ultimately,from any other governmental agency(Federal,state or local)? ® Yes ❑ No If yes,list agency(s)and permit/app;)vals NYSDEC DOS COR 11. Does any aspect of the action have a currently valid permit or approval? ❑ Yes �-No If yes, list agency name and permitlapproval type 12. As result of proposed action will existing permit/approval require modification? ❑ Yes ❑ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantlsponsor name: ar eu c by En-Consultants Inc. Da1e: 1/19/88 Signature: Roy L. Hale, Preside t PART If Environmental Assessment fTo be completed by Agency) . A. Does action exceed any Type I threshold in 6 NYCRR, Part 617.12? If yes,coordinate the review process and use the FULL/LONG FORM EAF. ❑ Yes ❑ No B. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR,Part 617.7? If No,a negative declaration may be superceded by anot involved action. ❑ Yes ❑ No C. Could action result in ANY adverse effects on,to,or arising from the following:(Answers may be handwritten, if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic patterns,solid waste production or disposal,potential for eros: drainage or flooding problems? Explain briefly: C2. Historic,archeological,visual or aesthetic,or other natural or cultural resources'agricultural districts;or community or neighborhood character?Explain b C3. Vegetation or fauna,movement of fish or wildlife species,significant habitats,or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources? Explain briefly. C5. Growth,subsequent development,or related activities likely to be induced by the proposed action? Explain briefly. C6. Secondary,cumulative,or other effects not identified in C1-C6? Explain briefly. _f Y C7. A change in use of either quantity or type of energy?Explain briefly. PART III Determination of Significance(To be'completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwi! significant. Each effect should be assessed in connection with its(a) setting (i.e. urban or rural); (b) probability of occurrin (c)duration;(d) irreversibility;(e)geographic scope; and(f)magnitude. If necessary, add attachments or reference supportin materials. Ensure that explanations contain sufficient detail to show-that all relevant adverse impacts have been identifie and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which NtAY occur. The proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. ❑ 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 AND provide here, and o attachments as necessary, the reasons supportng this determination: Agency Name Agency Preparer's Name Preparer's $+Znature'Title Date .. PRANK C. MOOR[ {�1 J RURRELL.THORNt CIIAIRY.11Y _ ,•� '�"7 - 010[C701t O/EOYALIZATIOY. , AaLAN :J..OOOORICH• RArMOND •. {LACK T. NORMAN NUMD Df*CCTO11 Or 2FtC111L • F/I.NCNISC VALUATION STATE. OF, NEW YORK . STATE BOARD-OF EQUALIZATION AND ASSESSMENT GOV ALFRED E: SMITH STATE OFFICE BUILDING . ALBANY I; N. Y. 1954 -- ' Xr'. .Ra'Ymond W.• Terry. . Chairman. Board of Assessors tj&V ►�' ,,�,., 'Southold, New York ���►�� p ,� Dear _;r. Terry: This is in r e - 1 plq'to ycur 'inquiry with regard to th9,propriety of = assessing certain parcels of real property owned by Rudolph J. Dei�aan and :;• Florence x. DeT?aan, his wife, on the' assessment.roll of the Town of Southold. These parcels are set. forth on Subdivision ;':ap Cedar _each Park, i:c.. 90 as "The Tennis Courts and Play�-round," "COMunity :leach" and *Garage Plot." You state that ',1 ese .-arcels "have never been on .'our Southold gown :,ssess,nent :coli as separate asses_?,ent, but were considered included as cotm::unity property assessed to the several o%mers of property in the c.11 r`�^1517I '1 O Stag �31T? la nC�'i� o. that ,r. e threatening ,you Frith' dfi action t0 force yOLt t0 PP.tST' ^_rdel,s On }i ae A35eS.S7Tient roll cLrid You request our opinion. '!ong the c?ecunents subniittp8 �;v y�,i is ';:.'.rk:otostatSc cc?y or g deed dated _.arch 27, 19'29 which conveys:certain plots 'of' land in Cedar Bead, Park 'T.0!,': and designated as'TJ61- ' 0. .6' 7 and E. This deed recites, in part, as iollot•:s: ,� � �Qq ELT :::"F� with the right + t , to run frith re land, to use and enjoy cor-ron,,• y-i.th others enjoying .sirr_1I r rights and ^rivileaes, those portions of Cedar �e_cr: a� s;!-.ich .ve 'gee^ or, nay here ' inafter b'e-set aside f'or ';:o-maunitir -' u roses subject to rights, ;1 reservations, rules and r_gulatior,s �s Y:.re�.na rter set forth. "riom nurity Pror.erty k = :e use and erjo;,-::lent of ;': er*�. "•- ,edar Beacu mark shall be limited to those .re.T J "S z v er.b, in 0•. 1• o � re the '•n A.r�•. ood' standing of the Cedar Eeach ,.-ark Community Association, the ! P• authtcrized oiiests +.hereof or of tl•_e. Ce• ar -earn :e�'� . Ir_^ ":'r:e membership of the Cedar �eacn Con,-unity , .sociatior_ =r:1I be • _i„Lited to 'the owners of pro-3erty sold. by the T' "all„r realty Corporation,' its successors or s.e.si�rs." If I am to.viiderstarid that this. ' c.` a t;,'pi;31 ::eed of trensf r 'Plots in the subdivision and ,that the ers o� quoted language has reference to the T. 't Mr. Raymond W. Terry - 2 ray 3. 1954 three parcels in question, namely, "The Tennis Courts and Playground," "Cam^.:unity Reach" and -"Garage Plot-;p it appears that such parcels should be assessed at only a nominal value (People ex rel. Topping v. Purdy, 143 App. ~�Tt ..Div. 389; News Syndicate CO. v. Sezton, W.Y.L.J. 12-9-39, page 2057; People ex rel. -Stemaler et ano v. Miller at al F.T.L.J. 7-19-44, page 153; Larchnont =� 1 Manor Park Society v. Smith, 268 App. Div. 997) but that there should be reflected in the assessed value of the other plots in the subdivision the '* beneficial use they make of such parcels (Tax Lien Corp. Y. Schultze, 223 k N-T- 9; People ex rel. Poor v. Wells, 139 App. Div. 83, 87, affId on opinion' below, 200 N.Y. 518; People am rel. Topping v.. Pure, supra; Matter of Hall, 6 App- .Div. 729• aff'd 189 N.Y. 552)- This, in effect, is what you have rl . �L��M � �� 'PvRc,►•Has�9 Cam '' �.��>, Since theme Weals would appear to have no market value. I am. puzzled as to 14V the DeAaana pnrchaaedproperty nothing but the bare legal title. to xhict�. the would obtain 8 Under the circumstances. it :sight be well to have. your twim attorney look into this aspect of the problem. Should you have�;. arq further questions with regard to this matter. I shall be pleased to hear f ron you. I am returning herewith the maps and photostatic copies of the deeds. 7: Very truly yours, s STATE BOLD OF ' E�Ui+LI" IMI AND ASSESSKIOT y � Theodore H. Kline Chief Local Assessment Consultant THK:%N Encl. Wa- -V4� A-ULl N7 Ax� A- a-lge All":-" Zo /nee u-; FRANCIS J. MURPHY rss ?s? SUPERVISOR r TOWN HALL,53095 MAIN ROAD �� . ' P.O. BOX 1179 TELEPHONE }'JCIl �� SOUTHOLD, NEW YORK 11971 (516) 765-1800 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD TO: Town Trustees FROM: - Supervisor Murphy DATE: . August 2, 1988 RE: Construction of catwalk at Cedar Beach Would you please review the enclosed communication from Mr. and Mrs. Gazza and get back to me with comments. I appreciate your attention to this matter. Thank you. FJM:rbw enc. -f ado •h 2850 Cedar Beach Road Southold NY 11971 July 25, 1988 RE: Permit# 471 Application# 611 Mr. Edward Deutsch - Mr. Frank A. Kujawski, jr., Pres. Southold Town Trustees Town Hall Southold NY 11971 Dear Frank; We were . somewhat dismayed and surprised to discover that a permit was issued to a Mr. Edward Deutsch to construct a catwalk across the "Community Beach" at Dryads Basin in Cedar Beach. We were under the. impression that this matter had been put to rest in 1984 when a similar application was denied by the town trustees under the advice of the town attorney at the time, Mr. Tasker. At the meeting Mr. Tasker advised the trustees that it appeared that the property in question was formally put aside by the sub-division developers as community property for the use of all Cedar Beach Park resid as per the filed sub-divjsion map. In Mr. Taskers opinion, anyone desiring to..construct anything on the property would first have to obtain written permission from all residents of Cedar Beach Park. In addition, there is also some question as'to title on this parcel as well as associated parcels, some of which are currently being challenged in the courts. With the preceeding in mind, the trustees at the time decided that under those circumstances they could not issue any dock permits for this Parma *6 ' We-cannot see how anything has changed in the past four years to warrant a,permit at this time. _ _ Unfortainately, we were not at the April 1988 meeting as we never expected the matter to re-surface_: We normally check the weekly legal notices in the .Suffolk Times, but this was a small one and slipped by. However, even if_ the Trustees notified adjacent landowners we would not have been notified as we were not listed on the application as being adjacent landowners, even though in fact we are. We found out about the application from one of our neighbors, Ray, . Akscin, who was notified by the Army Engineers as he was listed as ' owning the adjacent property to the east which in fact is ours. Here again, unfortunately, even if we were correctly listed on the as strongly that the town needs marinas to provide these Same pleasures to everyone. However, it must be done in such a way as to protect these same pleasures and our creeks, Enclosures: "Cedar Beach Park Sub-Division Map" "Cedar Beach Park Brochure for Purchases" "NYS Board of Egl aUzation and Assessment Letters' "02/27/84 Trustee Agenda" "08/15/83 Letter To Town Planning Board" Very Truly ,Yours, Bob & Diane Gazza I /RANK C. MOOR[ i ' J RU//tLL THORN[ C MAIRYAM t DiRItCTOR OF 1EOUALIRAT1OM ALLJM J. GOODRICH RAYMOP40 S. BLACK T. MORMAM MUAD DOWECTOR OF •►SC1AL F■.NCHI.[ VALUATIOtl STATE OF NEW YORK' STATE BOARD OF EQUALIZATION AND ASSESSMENT GOY, ALFRED E. SMITH STATE OFFICE 811jILDING ALBANY I, N. Y. . tray 3. 1954 x' 11r. Raymond W. Terry Chairman, Board of Assessors &V -Southold. field Yorktj V4 V) Dear e•ir. Terry; This is in reply to ycur inquiry with regard to the propriety of • assessing certain parcels of real property owned by Rudolph J. Deijaan and Florence A. De??aan, his Wife, on the assessment roll of the Town of Southold. These Parcels are set. forth on Subdivision yap Cedar leach Farl; i:o. 90 as "The Tennis Courts and Play7round,n "Cormriunity reach" and "Garage Plot." You state t:�.st `? ese :-a.rcels "have never been on our Southold Town :,ssessrnent R.oli as separate as!nessnent, but were considered included as ` c01n !-'-dty property assessed to the several o%mers of property in the c11 t'=`::S1•. r state that :,r. DeHaan i•s rowthreatening you with ar, action to force you to er:tsr tt:c•se -_rcels on the assessrt;ent roll and you request our opinior. ��+on the c?ecurents subrdtt�d _ you is r:totostatic cc?y o:' a deed dated ::arcs. �7, 1929 which conveys certain clots of land in Cedar Beach Park icro:,n and design ted as clots ':o. E 7 and E. This part, as a:olloj 4q deed recites, in with-the a �i• � , with the right, to run with the land, to use and enjoy ir. coT-no . -with others enjoy:.rg sirr_il;r rights and privileges, those ;portions of Cedar e:_ci; : -zLve been or nay here- : ' inafter.Ze•set aside for COnnunitY ^n-T---oses suc.ject to rights, reservations, rules and regulations a„ o.,s s l:.reina`'ter set forth. r ":,or—nunity Pro^erty •:_e Lse all.: er:jo,.aent of the C0„7-, K:1 t �'^� PI't1• ear ::e2C r_rk shall, be' linited to those. persons,. ;•.ho care the •per-be_ ood stLnding of the Cedar teach i•ark Co=urL ty Qssocia.tio' in aut3:crizrd �ussts +:cereof or of tl_e Ce�ar ''each :ark inn. .i:e membership of the Cedar F•eac�^ Cor:-unity ,,:,sociatior_ �Y.;11 be _L1ited to the o�•ners Of ^ronerty sold 'ty the Corporation, its successors or If I am to understand that this it: a :.ical _Jeed of trensfers of Plots in the subdivision and that the quoted lanzuaze has reference to the 1 /RANK C. MOOR[ / J RUiO[LL THORN[ CHAIIIYAM ••� 0109CTOR OF EGUALIZATION ALL11" J. GOODRICH RAVMOND'S, *LACK T• MORMAM HURD D1&6CTOR O• •KCIAL • FOAMCNINC VALUATION STATE OF NEW YORK STATE BOARD OF EQUALIZATION AND ASSESSMENT GOV. ALFRED E. SMITH STATE OFFICE 8'UILDING ?% ALBANY I, N. Y. t !'' hay 3. 1954 ' r:r. Raymond W. Terry Chairman, Board of Assessors ? -Southold, New York L�t V4 p U'tj Dear rir. Terry: Thin is in reply to your inquiry with regard to the propriety of assessing certain parcels of real property owned by Rudolph J. Deiiaan and Florence w. DeHaan, his-wife, on the assessment roll of the Town of Southold. These parcels are set. forth on Subdivision ;:ap nectar -each F:sk i:o. 90 as "The Tennis Courts and Play.7round," 'IC°rnmunity Beach" and "Garakel Plot." Yuu state t:�.st `rese -arcels "ha•, c never bP' en on our Southold roan :,sFEss;nent R-011 as separate a''ness..-ent, but were considered included as c°m::t:.^.ity property assessed to the severa-1 o%mers of property in the �u r�_^2si�7r You . lEO stat that :iZ•. OcHa ar. is now thre3tening you vrith are action to f Or^e you to Fr.-ter Lhese - 2rcels on tze asses.srrent roll and you request cur opinion.- ��!ortg the derun?nts subrrittx�d V yc,r ,s r,t;otost=tic cc?y Of a deed dated—arch 27, 1929 which conveys certainyr--lots of ' P2-^1C :'1".c:. and designated , _ 4 'and in Cedar Beach sigh+a..ed as rlos .o. 6, 7 and S'. :his deed recites, in ,,zrt, as iollo%,E: �,.. .� with the right, to run. With the land, to use and enjoy in cO7-'%c^, v,ith others enjoy:.r__ �•irril=_ rights and privileges, those portions of Ceder ;,e---ch ;-ark, j;►,ic,z nave been or may here- inafter beset aside for Coinunity nurroses Subject to rights, reservations, rules and regulations' �s t:.re;.na fter set forth. i r „o;m^urity Prorerty e L-5e arid er joy::ient of the Coma!; t- ;�:o� ert t a - r xk shall be* li;aited o those ►; rs +•c } V in � . e_ o...,, ;•...o .ire the •ne;^.bers in pod st::nding or the CE43a beach :•ark COMMUTI-ty gssociatiO' the m authorized guests +.hereof or of the Ceda. PPach :ark _he Mwbership of .the Cedar E•eac'l CO!-I t � ; vted to the ov. r un��y °c_atior. sr 1I oe , ; - 'zrers o_ ronerty sold '-y the J.P. ;'•illo: ;:salty Corporation, its successors cr ��-;s•n If I am to understand that this i,; a *,L- icai deed• of sf r Plots in the subdivision and that the r trce to o_ ' quoted lznzua�e has reference to the • �P Board- of Town Trustees Agenda - February 27, 1984 Page 2. ` 4. Ralph M. Golden - To place--a bow stake with stern anchor in Richmond Creek, Southold. 5. Andrew J. Tatar - To place an offshore stake with pulley line to onshore stake in Hallock' s Bay, Orient. 6A. Joseph Fischette - To install a bulkhead, dock, ramp and three float docks on the North end of Arshamomaque Pond, South side of Middle Road, Southold. . 6B. Joseph Fischetti - Referral from the Town Board of Wetland Application 'K83 to install a bulkhead, dock, ramp and three float docks on the North end of Arshamomaque Pond, South side of Middle Road, Southold. 7. Harry Beaton - To place an offshore mooring in Goose Creek, Southold. 8A. Helen B. Case Referral from the Town Board on Wetland Application #182 to place broken concrete from New Suffolk Avenue bridge on property at West Creek, Cutchogue. 9A. Bertram Walker - To replace -existing bulkhead, 15 ' on North side and 15' on west side, Brush' s Creek, Laurel. 12A. John Braider - To place a dock, ramp and float in Gull Pond, Greenport. 13. Lois W.. Barker - To place an offshore stake with pulley line to onshore stake in Deep -Hole Creek, Mattituck. 3A. Augustus' Fink - To construct a catwalk, ramp and float with three finger docks, in Dryad' s Basin at Southold. 3B. Augustus Fink - Referral from the Town Board of Wetland Application #171 to construct a catwalk, ramp 'and float with three finger docks, in Dryad' s Basin at Southold. 8A. Daniel Silverman &,D_r. Edward Cartnick - To dredge and to construct a timber dock consisting of catwalk, ramp and Boats in Wunneweta Pond, Cutchogue. 8B. Daniel Silverman & Dr. Edward Cartnick - Referral from the Town Board of Wetland Application #175 to dredge and to construct a timber dock consisting of a catwalk, ramp and floats in Wunneweta Pond, Cutchogue. Thank you. le9 SG�J HHetnry 'P. Smith, President Bda-rd of Town Trustees JAMES A. SCHONDEBARE AA nq .iVfforne y at otaw MAIN ROAD • 'P. O. BOX 1018 SOUTHOLD. N.Y. 11971 August .15 . 1983 "AU-G 18 ECT Southold Town Planning Board Southold Town Hall Main, Road Southold, New York .11971 REi Cranberry Acres at Bayview Dear Sir: ... . f.. Please be advised that the Cedar Beach PaPk 'Association, Inc . has retained me with regard to a pro- posed cluster development on .a certain map and survey dated July 23, 1982, by Roderick Van Tuyl, called Cranberry Acres at Bayview with proposed owners and developers R.J. and F. A. De Haan . This is to advise you that the Cedar Beach Park Association, Inc. claims title to the land contained on said map and survey designated as "Access to Docking Area" known by the members of the association as the "Community Beach" . The land consists . of. approximately 2 and 1/2 + acres . -. Very truly yours, JAP2ES SCHONDEBARE JAS/an �1 fA = "HIC C. MOOR[ rr• slit J muselE LL•TNORN[ CHAIRMAN • - �•;c �►F''�� DIRNCTOR OF LOUALI3ATION ALLNN.1 -ecocalcM RAYMOND •. SLACK . Dr*CCTO11 O/ RrtCIAL T. MORYAN NU7t0 reft"CLuc VALUATION STATE OF NEW YORK STATE BOARD OF EQUALIZATION AND. ASSESSMENT GOV. ALFRED E. SMITH STATE OFFICE BUILDING . ,�la» ALBANY I, N. Y. trap 3. 1954. ;.'' fw ' Er. iaynond W.. Teriv Chairman, Board of assessors Southold, Rev York E D Dear Terry: ' This is in reply to your inq uiry gniry with regard to the propriety of - assess ing certain parcels of real property owned by Rudolph J. Ddiaan and Florence A. DeRaan, .his wife, on the assessment roll of the Town of Southold. These parcels are set. forth on °ubdivision ;.an Cedar _each Fork 90 as "The l ennis Courts and Play!.round," "Canununity :leach" and "Garage Plot.II Yuu state th=t `r.ese --arcels "have never been on our Southold 1-own :.srEss;nent :toll as separate aFress-nnnt, but were' considered included as co1m::u^,ity propel-ty assessed to the several ,wmers of property in the 4 si"r-." 'You ,1sp state that :,re DeHa:ir. is ncn threatening yriu with an action to force you to Prter tt?f;se :•:rcels On the assessllient roll 'and you request our opinion. !Long the decunents submittAd by yeu As pt;otostatio cc?y of a deed dated %arch 217, 1929 «tich conveys certain _r.lots of land in Cedar Beach Park ; noum and designated as Flocs ':o._ 6, .7-.and E. ^)as deed recites, in pert, as Lollo�:s: . II•;L Gi"I-1 with the right, to run with the' land,- to use and enjoy common with others enjopir- siir_il=r rights and privileges, those portions of Ced2 s "e:,or. :"a" s;�.ich have been or ray here- inafter Ce-set aside for ;o=, unity rurroses subject to rights, 1 reservations, rules and r gulatior,s �s h--!re5.nz_ter set fora:. - "Uor^^unity Pronert� :_e use and er jo;;::lent of the Co..runit;;- Pro-.ertti- r:t ;;edax• Seac h. -ark shall be limited to those nerso!:s, ;.ho ,fre the -rw.ber�-in -food standing of the. Cedar Beach P rk Community Association, the e aut;•:crized guests +.hereof or of the Cedar reach :er% Ire ''ire membership of the Cedar react, Cott,unity ,,:,sociatior. =r::11 be _Lz1 ted to the ourners of nroperty sold by the J.p. "'ller ;:salts Corporation,. its successors or nE.�;?rs.n If I am to understand that this i;; a ic•31 -4eed of transfers of . plots in the subdivision and that the quoted lanzuaae has reference to the ' 'Y • f 2 .i% Mr. Ra"ond W. Terry _ 2 .. �� s . 4:..� AY 3, 1954 . three parcels in question , n�. "The Tennis Courts end PlayFrourxi," - "Conmmity Beach" and -"Garage Plot-;R it appears that such parcels should be assessed at only a nominal value (People ex rel. Topping v. Purdy, 143 App. Div. 389; flews Syndicate Co. v. Sexton, h.Y.L.J. 12-9-39• PAge 2057; People ►;, ex ref. -SteomlW et ano T. Miller at al W.Y.L.J. 7-19-W. .Page 153: Larch opt ;,• Manor Park Society v. Smith, 268 App. Diva 947) but that there should be reflected in the assessed value of the other plots in the subdivision the ; beneficial use they make of such parcels (Tat Lien Corp. v. Schultze, 213 - N.Y. 9; People aoc ref. Poor v. wells. 139 App. Div. 83, 87, affId on opinion' below, 200 N.Y. 318; People ex rel. Topping v.- Fvrcbr. .supra; Matter of Hall, 116 App. .Div, 729, aff d 189 N.Y. 552). This, in effect, is what you have ry done. Sine* these parcels vouid(appear to have no market value, I am. :-; puzzled as to IdW the DeHaans Purchased property to which theq would obtain nothing but the bare legal title. Under the circumstances, it might be well to have your town attorney look into this aspect of the problem. Should you have any further questions with regard to this matter, se I shall be plead to hear from you. I am returning herewith the maps and photostatic copies of the deeds. Very t'u3Y yours. In AM BOARD OF . E1Ui,LI� IMT AND LSSESSWT Theodore H. Kline Chief Local Assessment Consultant THK:NN Encl. p tr' .fK r . `'Board ' of Town Trustees y \._ Agenda - Februar 27, 198 Page 2. 4. .. Ralph M." Golden To place a' bow stake with stern anchor 'in Richmond Creek,: Southold. 5. Andrew J. Tatar - . To place an offshore stake with pulley line to onshore stake. in Hallock's Bay, orient. 6A. Joseph Fischette ` To install' a;.bulkhead, 'dock, ramp and three float docks on the North end of Arshamomaque Pond,. . South side of Middle` Road', Southold. 6B. Joseph Fischetti - Referral from the Town Board of Wetland Application .'K83 to install a bulkhead, dock,. ramp and three float docks on the North end of Arshamomaque Pond,' South side of Middle Road, Southold: 7. Harry Beaton - To place -an offshore mooring in° Goose Creek, Southold. 8A. Helen B. Case '` Refe`rral from `the Town Board on Wetland Application #182 to place broken concrete from New Suffolk Avenue bridge on property at West Creek, Cutchogue. . . ; 9A. Bertram Walker ' - To replace' existing bulkhead, "15 ' on North side and 15' on west side, Brush' s Creek, Laurel. i2A. John Braider'=' To place 'a "dock, -damp* and float in Gull Pond,' Greenport. 13. Lois W. 'Barker To plaC'e an off shore ''stake 'with pulley line to 'onshore stake in Deep Hole Creek, - Matt tuck. 3A Augustus 'Fink To construct 'a catwalk,` ramp and float" with . three finger docks, in Dryad's "Basin at Southold. 3B. Augustus Fink - Referral from the' Town"Board of' Wetland Application #171 to construct a catwalk, ramp and float with three finger docks, in Dryad's Hasin at Southold. " 8A. Daniel Silverman & Dr. Edward Cartnick -To dredge and to construct a timber .dock consisting of catwalk, ramp and floats in Wunneweta Pond, :Cutdhogue: 813. Daniel Silverman & Dr. Edward Cartnick - Referral from the Town Board of .Wetland Application #175 to dredge and to construct 'a timber dock consisting of -a .catwalk,' ramp and floats in Wunneweta. Pond, Cutchogue. Thank you. Henry " , Smith, President Board of Town Trustees. y 9 ~��� }:gip ��r:N_ '7f� .�'jr '!. • � I i i•� n ��� emu,lr� %. �� ' tfJ�r^a�y�•,y��(,'r l hrw i y � {'F i�7 ti t�h�..)l�.tr/ •h�ff��Th r�_ �✓}`i� f Cy����'�_ti 1' t� `� k M: 4 IA F•r rt L 'r�if.i1 Q7hYr i•��r }y pr:; y•�r l v4) :, a i+, , j4� .r .� r pr.�•�1•Yk .Y�{��i �� .lit � F '' .. ` �• �y.,�a F`Y..,�y, t,�.a���'r �-�1^.yam.n f�r��rT � .. ,� s ,r. ., �• y '" `�i�� P. ire a. 1• � "• � . �;. I �� :�, � ..}. •- of • • .trl r r r . - . . - . •'Jay�r;R,� -a.� y, ma ni icent stretch of beach borderinnt r s r r CEDAR BEACH VARTOF CRUAR 1 A WOTAELE RESIDEMrLAL COMM UNITS 13 EACH MPN r� - _� IF � DROPERTIES SOLO `.' _0 RESERVO ARK A--" — [- 4AMAW �•�• �•• / I'J — _ r..._ - � .ine.� i•l nLi.i'l0 a.nH....n�r. ^T'' _ ._. I_�_c FOR TENNIS(,Ol/Af!•: �`�_ ' AND VLAY4 ROUNW ^` ,.' , - �.-'•,..♦,.'.may __— `� . .e ., � �-�• �.'1..���1 NFL I- ` _ ,} lTKIWAT / !1 =7) RESERVED LAME 'rl r 1 L�TTLE PE CON IC BAY- _THE/NIET : i JA21mEs A, "SCHONDEBARE pp 4ttorney-at aPaw MAIN ROAD P. O. BOX 1015 SOUTHOLD, N.Y. 11971 (51,6) 705•3802 August 15, 1983 - U G 18 RECT. Southold Town Planning Board Southold Town Hall Main Road Southold, New York 11971 RE: Cranberry Acres" apt Bayview Dear Sir: _.. Please be advised that the Cedar Beach Park Association, Inc . 'has retained me with regard to a pro posed cluster development on, a. certain .map and survey dated July 23, 1962,' by Roderick Van Tuyl, called Cranberry .Acres at Bayview with proposed owners and developers R.J. and F. A. De Haan . This is to advise you that the Cedar Beach Park Association, Inc. claims, title to the land contained on said map and survey designated as "Access to Docking Area" known : by the members of the association as. the "Community Beach" . The land consists of. approximately and 1/2 + acres. Very truly yours, JAMES 'A. SCHONDEBARE JAS/an ' ,��z"! SUFFD� FRANK A. KUJAWSKI, JR., President '1 ALBERT J. KRUPSKI, JR., Vice-President s®. TELEPHONE �y M` JOHN M. BREDEMEYER, III (516)765-1892 ®�, JOHN L. BEDNOSKI, JR. �k' HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971. August 29, 1988 Mr. Edward Deutsch 87 Bellows Lane Manhasset, New York 10030 Re: Permit No. 3643/471 Dear Mr. Deutsch: The following action was taken by the Board of Town Trustees during their regular meeting held on August 25, 1988 regarding the above matter: RESOLVED that the Town Trustees RESCIND Permits - 3643/471 issued to Edward Deutsch for the construction of a walkway, ramp and floats secured by pilings on property located at Cedar Beach Road, Southold whereas there has been a question raised regarding the ownership of the subject premises. Very truly yours, Frank A. u awski, Jr. President Board of Town Trustees FAK:ip cc: Alfred T. Kellar, D.E.C. , Stony Brook ( 10-88-0124) Andrew S. Milliken, Dept. of State Stephen Mars, Army Corps of Engineers (F-88-058) Mr. & Mrs. Robert Gazza Town Attorney FRANK A. KUJAWSKI, JR., President �Hh � t• 6®d� TELEPHONE ALBERT J. KRUPSKI, JR., Vice-President raa , (516)765-1892 JOHN M. BREDEMEYER, III ZIP., a JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 To: Town Attorney James Schondebare From: Frank A. Kujawski, Jr. , Pres. Town Trustees Re: Edward Deutsch y Date: July 27, 1988 will you please review this matter regarding Mr. Tasker' s decision in 1984 that a permit should not be issued for this property? Attachment FK /FRANK A. KUJAWSKI, JR., President TELEPHONE LBERT J. KRUPSKI, JR., Vice-President Yu ,�tiC JOHN M. BREDEMEYER, III �, . " �r' (516)765-1892 JOHN L.HENRY P. SMITH KI, JR BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town.Hall, 53095 Main Road P.O: BOX 728 Southold, New York 11971 July 27, 1988 Mr. & Mrs. Robert Gazza 2850 Cedar Beach Road Southold, New York 11971 Re: Permit No. 471 ' Application No. 611 - Mr. Edward Deutsch Dear Mr. & Mrs. Gazza: I would like to thank you both for your letter regarding the permit in question. I immediately discussed this matter with the Town Attorney. You probably realized that I abstained from voting on this permit because I had only joined the Board several days prior to the vote on this application and was not familiar with the details. The Town Attorney has suggested that if your title search determines that Mr. Deutsch is not the owner of the property, then the permit would be revoked immediately. Your other suggestions were very useful. When I joined the Board the first policy adopted was that the Trustees will not issue any permit until all other agencies acted. I don't believe at this time that the expense and time of notifying all -adjacent property owners can be accomplished. I would like to explore the possibility that when an application is submitted that the applicant would be required to conspicuously post an orange notice briefly describing the proposal. This would be obtained from the Trustee Office and posted so all others could see it. Again, I do appreciate your comments and I hope this can be resolved. Please feel free to _attend any of our meetings. Sincerely, Frank A. Kujawski Jr. President Board of Town Trustees FAK:ip 2850 Cedar Beach Road Southold NY 11971 July 25, 1988 RE: Permit# 471 Application# 611 Mr. Edward Deutsch Mr. Frank A. Kujawski, jr., Pres. Southold Town Trustees Town Hall Southold NY 11971 Dear Frank; We were somewhat dismayed and surprised to discover that a permit was issued to a Mr. Edward Deutsch to construct a catwalk across the "Community Beach" at Dryads Basin in Cedar Beach. We were under the impression that this matter had been put to rest in 1984 when a similar application was denied by the town trustees under the advice of the town attorney at the time, Mr. Tasker. At the meeting Mr. Tasker advised the trustees that it appeared that the property in question was formally put aside by the sub-division developers as community property for the use of all Cedar Beach Park residents as per the filed sub-division map. In Mr. Taskers opinion, anyone desiring to construct anything on the property would first have to obtain written permission from all residents of Cedar Beach Park. In addition, there is also some question as to title on this parcel as well as associated parcels, some of which are currently being challenged in the courts. With the preceeding in mind, the trustees at the time decided that under those circumstances they could not issue any dock permits for this parcel We cannot see how anything has changed in the past four years to warrant a permit at this time. Unfortunately, we were not at the April 1988 meeting as we never expected the matter to resurface. We normally check the weekly legal notices in the Suffolk Times, but this was a small one and slipped by. However, even if the Trustees notified adjacent landowners we would not have been notified as we were not listed on the application as being adjacent landowners, even though in fact we are. We found out about the application from one of our neighbors, Ray Akscin, who was notified by the Army Engineers as he was listed as owning the adjacent property to the east which in fact is ours. Here again, unfortunately, even if we were correctly listed on the application, as the engineers are the only agency that notify adjacent landowners, town and DEC permits can be obtained without adjacent landowners knowledge simply by applying to the Engineers last. Also, putting a dock on this property may create a host of other problems. As the property was intended for community use, are all members of the community entitled to use the dock? With marsh right up to the road and no parking facilities this could create hazardous conditions on a narrow winding road. There are also questions of liability and responsible parties. Are all community residents entitled to docks on this parcel? Also, those claiming the property evidently have a development across the street. Will the rest of the lot owners be entitled to docks on this one lot also? Allowing more than one dock on a single lot whether private or public will set a precedent for creating marinas in residential areas and pristine creeks. it would be too easy for anyone to put their waterfront lot in multin� ownership, construct additional docks and rent space. We're not sure this isn't already being done. We are currently contacting the Cedar Beach Association and neighbors who objected at the 1984 meeting to see what can be done about this situation. Perhaps Mr. Deutsch should be advised not to hastily invest in a dock until this matter can be resolved. Your comments or opinions on this matter would be greatly appreciated. We have enclosed a copy of the filed sub-division map showing the "Community Beach" which was promised to lot purchasers for community use and the 1984 trustee agenda indicating the referenced application as well as only some of the other documented facts. There are some procedures we would like to see the trustees seriously consider proposing as we feel they would bring problems to the forefront and avoid conflicts after the fact in the future. We would like to suggest 1. That the trustees not issue a permit until after the DEC and Army Engineers have issued theirs. This would highlight any problems these agencies encounted. (This apparently was done at times in the past.) 2. That the trustees notify adjacent landowners to quarantee their opportunity to comment at the hearing. 3. That should an application not be filled out properly, (Le. not listing the proper adjacent landowners) then the permit process should be repeated. 4. That property for which a permit has been denied be "flagged" so that should a new application be submitted at a later date, the original objections can be considered. Sometimes waiting a few years for things to "quiet down and be forgotten" can be used as a strategy. 5. That one dock be allowed for a single lot to avoid "mini marinas" being set up in our creeks. We feel that everyone should have the right to put a dock on their property to enjoy the pleasures that our creeks offer, and we feel just y, Y ► as strongly that the town needs marinas to provide these same pleasures to everyone. However, it must be done in such a way as to protect these same pleasures and our creeks. Enclosures: "Cedar Beach Park Sub-Division Map" "Cedar Beach Park Brochure for Purchasers" "NYS Board of Equalization and Assessment Letter" "02/27/84 Trustee Agenda" "08/15/83 Letter To Town Planning Board" Very Truly Yours, Bob & Diane Gazza o>. PUBLIC HEARING IN THE MATTER OF THE APPLICATION OF EN-CONSULTANTS, INC. ON BEHALF OF EDWARD DEUTSCH 7:40 P.M. PRESENT WERE: President Frank A. Kujawski, Jr. Vice-President Albert Krupski, Jr. Trustee John Bredemeyer, III Trustee John Bednoski, Jr. Trustee Henry P. Smith Clerk Ilene Pfifferling NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK ON THURSDAY, APRIL 21, 1988 ON THE FOLLOWING APPLICATION FOR A PERMIT UNDER THE PROVISIONS OF THE WETLAND ORDINANCE-OF THE TOWN. IN THE MATTER OF THE APPLICATION OF EN-CONSULTANTS, INC. ON BEHALF OF EDWARD DEUTSCH TO CONSTRUCT A FIXED ELEVATED WALKWAY, HINGED RAMP AND FLOATS SECURED BY THREE PILINGS ON PROPERTY LOCATED ON CEDAR BEACH ROAD, SOUTHOLD. Trustee Kujawski: Is there anyone here to comment on this , application?, Edward Deutsch: I 'm Edward Deutsch, I would like to put a ramp out to a dock. I would like to have a place for my boat. I would be glad to answer any questions. Trustee Kujawski: Do an of the Trustees have an j y y questions? Trustee, Krupski: I think that one of the questions the Board had was tY— there was very little room there for parking. There is no off ''-street parking there to- reach the dock. Edward Deutsch: The property is across the road. Trustee Krupski: Oh, where you are going to build the house? :Edward Deutsch: Yes. Trustee Bredemeyer: The Trustees had a brief discussion when we wete\doing the environrpental assessment, with Mr. Roy Haje of En-Consultants, concerning the scope of the structure. We wanted a 4' wide catwalk and the >float limited to no more than 6 ' wide by 20 ' long. The original proposal was somewhat larger than that. We wanted to keep the structure, in keeping with the size associated with the creek, in what we normally allow inside the smaller creeks. Board of Trustees - En-Consultants, Inc./Edward Deutsch - Page 2. Public Hearing - April 21, 1988 Mr. Deutsch: Four feet I think. Trustee Bredemeyer: Didn't we discuss a three ft. wide catwalk? I thought we had. I know that we specifically talked about the float and limiting? Mr. Deutsch: I don' t have a problem with it being three feet wide. Trustee Krupski: On the application- it is four feet wide. It is four feet on the D.E.C. Permit. Trustee Bredemeyer: I thought we talked to Mr. Haje and we were trying to convince him to go with three feet. It was a serious concern because of our policy on that. Definitely to make the float 6 ' x 20 ' that is Dryad' s Basin. It is a productive Scallop area when it is a working creek. We want to definitely minimize coverage of any structures over the productive bottom there. Mr. Deutsch: The area that I am going out over, is very shallow. That is why I wanted a little longer dock there. I have no problem with a three foot wide walkway, I don' t have young children. I don' t have a problem with that, but I would like to get a little .bit further out. Trustee Bredemeyer: So you are saying that the additional difference between the 20 ' float and the three 2' , with that additional 12' you need that for depth. Mr. Deutsch: I have been in there many times with my boat, and it is shallow in there. That' s why I wanted to go out a little bit further. Trustee Krupski: There isn' t anything out there. Trustee Bednoski: We try to keep the structures in line with the neighboring structures. Mr. Deutsch: If you go in there in the summer time on both sides east and west there is alot more activity. Trustee Krupski: If we want to get less bottom coverage we could let him come out further with a fixed catwalk, 3 ' wide, and maybe one section of the six foot wide floating dock. Would that be a problem? You would get out further into the deeper water but it would be less bottom coverage. Mr. Deutsch: If I put 'a fixed catwalk, when the ice breaks in the winter time, it pulls out your polls. Trustee Smith: That is a good point. I have no problem with the application? Board of Trustees - En-Consultants, Inc./Edward Deutsch - Page 3 . Public Hearing - April 21, 1988. Trustee Bredemeyer: How about five foot floats then? Go with a three foot catwalk and five foot wide floats? Would that be acceptable? Trustee Smith: Sure. Trustee Kujawski: What were the C.A.C. comments on this? John Holzapfel: The only thing that we had was the parking because the wetlands are so close there. Mr. Deutsch: The D.E.C. approved the project, I didn't know if you were aware? Trustee Krupski: Yes, we did get that communication from Roy Haje. We have the permit. Trustee Smith: I will make a motion that we close this hearing on Edward Deutsch. Thomas Samuels, Rambo: I have heard two applications now, not that I am concerned with either one, as a contractor. I 'm concerned as a citizen of the town. Number one, five foot wide floats are very unstable, you need six foot floats. This is twenty years of experience. Four foot floats are dangerous. Five foot are unstable. Six foot are adequate. I fail to see this concern for bottom coverage? I don' t quite know what the implications are. I know that there are some reasons. It has not proved consistent with what the D.E.C. ' s concerns are for bottom coverage are.. Number two, three foot wide catwalks, I can take you to any number of catwalks and you have seen any number of catwalks with great growth of spartina alterniflora coming up through the spaces of the boards. Your concern is that you are going to kill the Alterniflora. It just doesn' t happen provided that the catwalks are built to the elevations that the D.E.C. hasrequired. Now, I am not adamant on this subject. As usual I am concerned, but I would just like to inject a note of reasoning into your reasoning for whatever value it might have. Trustee Bredemeyer: Part of that is a genuine concern to try to keep the structures in keeping with the creeks. Small places, for small boats, should have small boxes. It is a balancing act when you try to consider all of these things. Trustee Smith: I agree with Dr. Samuels as far as the width of the floats. Like you said, four foot is ridiculous, five foot is rocky and six foot is just about a compromise. Board of Trustees - En-Consultants,Inc./Edward Deutsch - Page 4. Public Hearing - April 21, 1988 Thomas Samuels: I fail to see the difference in the aesthetics of the 4 ft. wide structure and a 3 ft. wide structure. Steve Latson: I would like to answer Dr. Samuels point. The more you cover, the less area you have to go clamming. I have built some floats and things in my life and if you build it right and design it right you can build a 4 or 5 ft. float that is very safe. Trustee Kujawski: Are there any other comments. No response. Henry your motion is in order now. Trustee Smith: I move to close this public hearing regarding Edward Deutsch. Trustee Krupski: I ' ll second that motion. Vote of Board: Ayes: All - Resolution adopted. Ilene Pfifferling, Clerk Board of Town Trutees COUNTY OF SUFFOLK ) STATE OF NEW YORK ) SS: Roy L. Haje, En-Consultants, Inc.. fqJ" BEING DULY SWORN OC!'Osi;S Edward Deutsch, 81 Bellows Lane, Manhasset, New York 11030 AND SAYS THAT HE IS THE APPL,1 CANT FOR THE ABOVE DESCRIBED PERM I T5 , AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THAT THE WORK WILL BE CONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOL,D. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM A-NY AND A4L DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT, IF GRANTED. In completing this application I heft y author ' re the Trustees agent or representative to -enter ont p p ty to inspect: the premises in conjunction with review t lication. S 1 GNA U E OF AP I CANT Roy L. Haje, pr sident SWORN TO BEFORE ME THIS Nineteenth DAY OF January 19 88 KAI NOTARY( a_ I J n ]NOTARY P//J UBLIC,State o1�N YOrk i'I, � Na 01004901691,Sug01j Count :i Term Expires July 2D, r 1 EXAMINED APPROVED 11 WETLANDS" PERMIT (CHAPTER 9 7) APPROVED °BOAT, DOCKS, WHARVES" PERMIT (CHAPTER 32) DISAPPROVED "WETLANDS PERMIT" (CHAPTER 9 7) DISAPPROVED "BOATS, DOCKS, WHARVES'-' PERMIT (CHAPTER 3Z) CONDITIONS, IF ANY — EXAMINING 800Y SIGNATURE OF CHAIRMAN COMPUTATION OF FI=ES '.Pnro%r rl ^ /771RS t i.. G-C C, •� l Ix i 1*0 AC. ��`O .r ,y �,•Yr ' /.z w J�DGsa S'Cow 'n�R: i f► �" t < A l 3 .61 vj- Ir lap . r ■ "tA- J ' I '" j , ......... f46 i .. '.r 1 4E'•t tY-" •y _ � ti•�:7• ��:� G: ?. AV r �► �,�.�_ .� , u., _ -w...- �" '• ;. .a _ `,..- .-; .� '�'. .�.r�-_;�yr,:.�:�v;,_Y-yam • ;�•_.; '.t' {�v. f L� : 1 Q. Y'� G •� .• :' ..• - R.•�3..• .� �� ?C.�. �Y�. *;�:. ..,f'�C,et�`zGn�'°�,�,�iY h•-�,� •'�'{`"'.rG.•.S� •C`9{ 1 t• � � Tf ' � '_..r"� �! � .- i �� �'=• ,7tiY•hse" ti�'��f,�S+"ryf"�*rr.�'.�:�-�y'k:�,r..: y�L•*.�:i � -Y���!J a /.� _ - -•j T •-:�•!:-. ''Y sir tt-;•... .. {,..�,.,s:� � r �';�'�;, v���d'..��;. `•f _ a���7.:.i'.r}�:._t... i• '+`.l-`� 'ra:C�1;M i"�,1' 7rr.�7`.. ttiti APPfLOVTI;S.v- Y �•` MRt+�htlit6 CkJAMWOM + f � F ,Jl .•1 ti SUFFOLK COU ARTMSNT OF HFJkLTH SEmr.Es, ',4,:.ry rat-.i'... i.-.r'.=• �.��:►i�=�•- �;�• �'.-:?�••. -� .`7;� r Based upmthe Wforynatlon submilted for this project.filingl �� • , , {'.' t " .:•*; ""Y�:'r;• of a realty subdivision or development map with this r .16 _ •, .-_ tlepaRmant Is MI,re�uired under me terms of Article 6 of •` }�.s • .Y;�' - ,� .�.- thw �C.il{nlir r nrgviw snll�n+ r;n.fw cln-n all nn• •.iw •... F''}�ir ■:f pr�Yinr c0df17i - ~' •''•.yj: ?Y<1� t TOWN OF SOUTHOLD 130ARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK WETLANDS PERMIT This Wetlands Permit No. ..471............has been granted by the 'Town Trustees according to information furnished in Application No...611� filed by Applicant„En.Consultants;, ..for Edward Deutschon „Agril„2it.........._ 19..M... A map of the proposed work will be kept on file in the Trustee Office under the application number given. Permit granted to do the following work.To,construct.a.3'�.x,.100' catwalk, 3' x .14'..tame„ and�(Z).51 x. 161 floats to be tied.togcther�end to.cnd�and.to be_secured by.3..... Y�llin s........................................ ............... .................................. ................. ..................... Location of property on which work to be done.... edar, each.Road, Southold — .....................................................................I..............., ..... _ ........... ...................... ........... ... ....................... .................. ......................... .......... ...................................................4.............I... Leek,Bay or Harbor fron#ing ProPerN .Drxads..Basin...................................... ....... ........... .............•............ ........................................................................♦ ................................................ Size of work: Length„ ,100'..catw... 14' ramT.,.(2) 16' floats 3' n 31 a 5' n Width ................................................ .........................'I....................,...... I.. .... HeightAbove High Water ........n!a.................................................. .......................... jDepth Below Low Water ........n/d................................................................................... Yardsto be Excavated. ........n l a...........................I.............I.......................... ........... ... Yardsto be Filled ...............nla............ ................ ......................... ...ia:.. ........... Manner In which material is to be removed or deposited .....n/a.......... ................................................ «................I.......................................................I............I..............................♦ .............. ....................... Intendeduse of property ttesidenti.al..................................... ....................................................... Conditionsif any........ ............ ........... ........................................... ..................................... ........................................ ..............•...............................................................:..................................... Expiration Date ....May.5f..1g90if work hs not,commenced,by.said.date:. .... ...... .............................. ....... .. .. .... Number of Inspections Required...2—Trustees are,to„be.notified,upon.coropletion.Iof4 the„ work. Inspection Fees .......$10,00 laid Liability Policies in the Amount of .:..: .. ................................................................................. The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations here- under until such approval has been obtained in writing.The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Trustees upttn receipt by the Trustees, of Written notice from such other governmental or municipal authorities of its refusal or �� j 7 disapproval. THIi. ,afzE4Mi T IS CONDITIONED AGAINST THE USE OF I'8T OR OTHER' ORGANO-TIN BOTTOM PAIN.'S EXCEPT WHERE 'tESSLY PERMITTED IN WELTING BY T TOWN TRUSTEES. r•. �� t y. ,.'Sjj- l ' Board Of Southold Town Trustees SOUTHOLD, NEW YORK Mooring No. NIA PERMIT NO. . ..3643..... ..,,.,; DATE- ..MAY.. 4.►...P88 ;y �'• ie¢I t>=n TO ...... ��............................ ......................... ," Pursuant to the provisions of Chapter 615 of the Laws of �. •the State of New York, 1093;and Chapter 404 of the Laws of the s State of New York 1952; and the Southold Town Ordinance on. !.� ,t titled "REGULATING AND THE PLACING OF OBSTRUCTIONS �.,. IN AND ON TOWN WATERS AND PUBLIC LANDS and the a REMOVAL OF SAND, GRAVEL OR'OTHER MATERIALS FROM �> LANDS UNDER TOWN WATERS;" and in accordance with the ' Resolution of The Board adopted at a meeting held on April...A!.- !? 19$$......, and in consideration of the sum of :.... 06.00 aid by - >. E .;I.....,�...._........ .... ...:.....N�...Y�...a�d.,,subject...to the Perms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: ` Construct a 3' x 100' catwalk, 31 x 14' ramp (2) 5' x 16' floats to be tied together end to end and to be secured by +; three pilings. s;x all in accordance with the detailed specifications as presented in the originating application. n IN WITNESS WHEREOF, The said Board of Trustees Here. " .. by causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. (10 Trum EFL •' -, �- 1 er Y"i+" :•J' ! a.[i�r�t�° 1^7 ^7:ir._�vt^�"l_' 'Y: :�it'"` „r•�.:�- a ��: /� ,;� .� '.yam" ... 'fix.: w' y- •GyN.J c�pa` yam:. .�. b <t t w.• w Please tear off and return to the Trustee Office, Board Of Southold lown Trustees SOUTHOLD. NEW YORK ; Noosing Permit No. Date: Mnori.ng No. - -- — Y, certify that' the- work as authorized in this permit has been completed and is now ready for your inspection. Also, the number required on this project is clearly visible. I further understand this permit is not valid until 'this tear off .sheet is returned to the Trustee Office. , FRANK A. KUJAWSKI, JR., President =� TELEPHONE ALBERT J. KRUPSKI, JR., Vice-President (516)765 1892 ,)oHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. � HF NRY P. SMITH BOARD OF TORN TRUSTEES TOWN OF SOU'fHOLID Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 August 29, 1988 Mr. Edward Deutsch 87 Bellows Lane Manhasset, New York 10030 Re: Permit No. 3643/471 Dear Mr. Deutsch: The following action was taken by the Board of Town Trustees during their regular meeting held on August 25, 1988 regarding the above matter: RESOLVED that the Town Trustees RESCIND Permits - 3643/471 issued to Edward Deutsch for the construction of a walkway, ramp and floats secured by pilings on property located at Cedar Beach Road, Southold whereas there has been a question raised regarding the ownership of the subject premises. Very truly yours, �hI ixI t nk A. u awski, Jr. President Board of Town Trustees FAK:ip cc: Alfred T. Kellar, D.E,C. , Stony Brook (10-88-0124) Andrew S. Milliken, Dept. of State Stephen Mars, Army Corps of Engineers •(F-88-058) Mr. & Mrs. Robert Cazza r Town Attorney xH �i it r r - 0 un JUL1Ui OLUM05110.INC. i STATE OF NFW YORK. COUNTY OF New York de.: [, the undersigned, an attorney admitted to practice in the courts of New York State, Elcertification certify that the within BY Attorney has been compared by we with the original and found to be a true and coin to copy. Attornvr'i state that I am a member of the firm of Kieffer and Hahn 1 0 Afirmatien the attorney(s) of record for the petitioners in the within action; I have read the foregoing Petition and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to he alleged on information and belief t and as to those matters I believe it to be true. The(reason this verification is made by me and not by the pOtl. iOners because the petitioners are not in the county where I maintain my office. The grounds of my belief as to all matters not stated upon my own knowledge are as follow": documents made available to me by petitioners and conversations with petitioners. 1 affirm that the foregoing statements are true, under the penalties of perjury. P%% 671 _ll�� 0 Dated: September 23, 1988 �G��"ram, 1 7t(e name signed must be rinted lauliit STATE OF NEW YORK, COUNTY OF �.: I, being sworn,say: I am Edward P. O Hanlon ❑ Individual in the within action; I have read the foregoing pp Individual and know the contents thereof; the same is true to my own knowledge,except as to e the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. ❑ Corporate Tile of Verification a corporation and a party in the within action; I have read the foregoing and know the contents thereof; and the same is true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters ) believe it to be true. This verification is made by me because the above party is a corporation and I am an officer thereof. The ground: of my belief as to all matters not stated upon my own knowledge are as follows: Sworn to before me on 19 Tha name eipned(putt pe printed beneath STATE OF NF:W YORK, COUNTY OF ae.: (11 both boxes are oheeked—IndlWe#Aornames,type of senlce uki.) I, being sworn, say; l am not a party to the action, am over 18 years of age and reside at On 19 I served the within A ❑ service by depositing a true cop thereof enclosed in a post-paid wrapper,in an official de sitory under the exclusive care By Mail po and custody of the U.S. Postal Service within New York State, addressed to each of the following persons at,the last known address set forth after each name: E] personal 1)y delivering a true copy dtereof personally to each person named below at the address indicated. I knew eacli person Service on served to lie the person Mentioned and described in said papers as a party therein; Individual ca No,r-a OF WPM Index NG. Year 19 Sir:-Please take notice that the within is a (cer6fred) i SUPREME COURT OF THE STATE OF NEW YORK tMe copy ofa COUNTY OF SUFFOLK duly entered is the office of the clerk of the within named court on 19 EDWARD R. DEUTSCH and EILEEN E. DEUTSCH n Dated, Petitioners, Yours,etc., KIEFFER Am HAHN -against- Attmep far Ofjffe ah,i Past Office Aildrass THE BOARD OF TRUSTEES 111 John Sheet OF THE TOWN OF SUFFOLK ;s NM YOM N.Y.10038 FRANK A. KUJAWSKI, JR. , ALBERT J. KRUPSKI, JR. , JOHN M. BREDEMEYER, III, JOHN L. BEDNOSKI, JR. , and HENRY P. SMITH. To Respondents. Attorney(s)for Notiee of Petition No„=o,S9TTLINUff and Petition sir.-Please take notice that an order of which the within is a true copy will be presented for settlenwitt to the Hon. KIEFFER AND HAHN Affonrrys(or petitioners one of the judges of the within named Court, at offi,r and Posf Office A+idrrss.Teleflrronr oat 19 111 John Sheet u M. NEW YO RiC,N.Y.10it38 Dom, (212)34941400 Yours,etc., KIEFFER AND HAM TO Affonieo for a ire amo Punt Office A,idress Attorney(s)for 111 Johns Street Service of a copy of the within NEW Y0f K,N.Y.10038 is hereby admitted. Dated, To t `Attorney(:)for Attorney(s)for c�Af f �I FRANCIS J.MURPHY �y • TOWN HALL, 53095 MAIN ROAD SUPERVISOR P.O. BOX 1179 TELEPHONE 0,� SOUTHOLD, NEW YORK 11971 (516) 765-1800 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD TO: Town Trustees FROM: Supervisor Murphy DATE: August 2, 1988 RE: Construction of catwalk at Cedar Beach Would you please review the enclosed communication from Mr. and Mrs. Gazza and get back to me with comments. I appreciate your attention to this matter. Thank you. FJM:rbw enc. 1� J eq0 2850 Cedar Beach Road Southold NY 11971 July, 25, 1988 RE: Permit# 471 Application# 611 Mr. Edward Deutsch Mr. Frank A. Rujawski, jr., Pres. Southold Town Trustees Town Hall Southold NY 11971 Dear Frank; We were somewhat dismayed and surprised to discover that a permit was issued to a Mr. Edward Deutsch to construct a catwalk . across the "Community Beach" at Dryads Basin in Cedar Beach. We were under the .impression that this matter had been put to rest in 1984 when a similar application was denied by the town trustees under the advice of the town attorney at the time, Mr. Tasker. At the meeting Mr. Tasker advised the trustees that it appeared that the property in question was formally put aside by the sub-division developers as community property for the use of all Cedar Beach Park residents as per the filed sub-division map. In Mr. Taskers opinion, anyone desiring to construct anything on the property would first have _ to obtain written permission from all residents of Cedar Beach Park. in addition, there is also some question as to title on this parcel as well .as associated parcels, some of which are currently being challenged in the courts. Wlth the preceeding in mind, the trustees at the time decided that under those circumstances they could not issue any dock permits for this parcel. We cannot see how anything has changed in the past four years to warrant a permit at this time. Unfortunately, we were not at the April 1988 meeting as we never expected the matter to re-surface. We normally check the weekly legal notices in the Suffolk Times, but this was a small one and slipped by. However, even if the Trustees notified adjacent landowners we would not have been notified as we were not listed on the application as being_ adjacent landowners, even though in fact we are. We found out about the application from one of our neighbors, Ray Akscin, who was notified by the Army Engineers as he was listed as owning the adjacent property to the east which in fact is ours. Here again, unfortunately, even if we were correctly listed on the application, as the engineers are the only agency that notify adjacent landowners, town and DEC permits can be obtained without adjacent landowners knowledge simply by applying to the Engineers last. Also, putting a dock on this property may create a host of other problems. As the property was intended for community use, are all members cf the community entitled to use the dock? With marsh right up ,to the road and no parking facilities this could create hazardous ii conditions on a narrow winding road. Therq are also questions of liability and responsible parties. Are all community.residents entitled to docks on this parcel? Also, those claiming the property evidently have a development across the street Will the rest of the lot owners be entitled to docks on this one .lot also? Allowing more than one dock on a single lot, whether private or public will set a precedent for creating marinas in residential areas and pristine creeks. it would be too easy for anyone to put their waterfront lot in m"lt__ip] ownership, construct additional docks and rent space. We're not sure this isn't already being clone. We are currently contacting the Cedar Beach Association and, neighbors who objected at the 1984 meeting to see what can be done about this situation. Perhaps Mr. Deutsch should be advised not to hastily invest in a dock until this matter can be resolved. Your comments or opinions on this matter, would be greatly appreciated. We have enclosed a copy of the filed sub-division map showing the "Community Beach" which was promised to lot purchasers for community use and the 1984 trustee agenda indicating the referenced application as well as only some of the other documented facts. There are some procedures we would like to see the trustees seriously consider proposing as we feel they would bring problems to the forefront and avoid conflicts after the fact in the future. We would like to suggest: 1. That the trustees not issue a permit until after the DE C and Army Engineers have issued theirs. This would highlight any problems these agencies encounted. (This apparently was done at times in the past,) 2. That the trustees notify adjacent landowners to quarantee their opportunity to comment at the hearing. 3. That should an application not be filled out properly, (i.e. not listing the proper adjacent landowners) then the permit process should be repeated. 4. That property for which a permit has been denied be "flagged" so that should a new application be submitted at a later date, the original objections can be considered. Sometimes waiting a few years for things to "quiet down and be forgotten" can be used as a strategy. 5. That one dock be allowed for a single lot to avoid "mini marinas" being set up in our creeks. We feel that everyone should have the right to put a dock on their property to enjoy the pleasures that our creeks. offer, and we feel just w a as strongly that the town needs marimas to provide these same pleasures to everyone. However, it must be done in such a way as to protect these same pleasures and our creeks. Enclosures: "Cedar Beach Park Sub-Division Map" "Cedar Beach Park Brochure for Purchases" "NYS Board of Equalization and Assessment Letter" 1102/27/84 Trustee Agenda" 1108/15/83 Letter To Town Planning Board" Very Truly Yours, Bob & Diane Gazza • „n^..,.yo'i"{, t"`7 �m 'rye's s�r.�r��•t�E�.n.� �i°^-i 174 s '�J � 1`�•d.. '�'at{`'tip �"t+�.cw.n, r �"'1'-'�' ir Aw erf tl t •. "I i. I j • • • • _ • • • • - • • • • •• 6p6p 6p � 7 WE �\ II it ,MOM a iluffing out into beautiful • • ' .. • - '�rT.Aw. fi ;.CODA"R . EA► CN 1N• N is the original Manor House .of"the Estate which is now CEDAR BEACH PARK. . It iv%a charming Inn-a'de- lightful. spot ,to enjoy a delicious repast while; visiting the property or to.stay•for a week or a month. Here is .offered no, stereotyped hotel service,but a real,personal• interest,in your welfare. From unique nooks in its interior where meals are served, the view:'is wonderful,—a panorama of lawns, wooded'shores, sparkling lagoons, and white sandy "beaches form a reaful picture: Here_ , is the"place to come from, the ,noise.and bu stle of the city and_ returning to foal like a new,person.' �_,_ --.f S PORT S of"all kinds are possible within the limits of . the,park or nearby. Yachting,salt water fish- „" ing and swimming are the chief attractions fi with all possible natural advantages for. their ! ,enjoyment. .-A :pot has been reserved for tennis courts' and for childrens playground. Golf may be had "at any of numerous fine clubs nearby, the nearest being the Reydon Country Club almost .,Oakwood drive which' adjoining,the property..' offers many attractive building sites: BELOW: The beach " Weer:"the .mein. inlet., w, A 1 i � y 1. .-•' -*4?�'� .. �. L��� .l + ..,yp R d.� � S•� " IM F s � �..ar��k`''�r��-��> r<w.:st�� .. bI �a';�s' .i.r,.y .7s S.• x4� HOMES are limited to Colonial and English,}ypes`i4, they are the best fitted to blend :artistically Mde with this kind of American.setting. , The three r Residences.shown herewith strike the keynote of the Community. Designs for homes must pfs a certain"3tendard before erection is permitted.so that the char. i actor of the development may be maintained .. At its present high level. IPof all types are' available. 'Nearly U. 1 ID 1 N G S 1 T. E of of these border on the bay, an inlet or a lake. Some are high, some°wooded, others. enjoy a frontage 'with'a fine beach—but no matter where located all have the privilege of using the sections reserved for the entire community,., These sections are shown,on the property map on the rear page. '0 CA T 1 C N of the property is in'a territory that has heretofore f .: been favored or sites for large estates in such con and so forth. Due.to.Its position on_ fers ®e Shelter Island. Southampton, Sag Harbor, a' peninsula the property is fortunate in ,being cooled m : during the summer by the never failing breezes that have a wonderful salt-air freshness. In winter the steadier temperature-of the salt water tends to hold the atmosphere from too severe a change. It is,now possible .for the person of more moderate means-to enjoy. these same i advantages through possession of one of these splendid sites. LC I X1, y Price `of plof:-os.range from t l b to $40 per•front tool.r . ' Drya&s'Basin.'looking out beyond Cedar' Bearh" Harbor to Litfle' Peconic Bay. A•r fi'�^ p;mil 'd Y i 1� -•a yw r; '. ma nificent stretch e each bor erin tP. rp,,Prver CEDAR BEACH . ; A NOTAOLE RESaDENraAI. COMMUNITY PART OF CROAQ KEY ".�;1• I=i DROPERTIES SOLO L =W— FOR 7EIVNIb COIfRTS _ ��• ��AMD PLAY4 ROU�1a � pU YA pS `• ---_,', '.�•', STuaw�i .• VI. �' �—�" RR6ERVE �.TAIRHAVEN' _ �,Irylil LITTLE PECCNIC BAY rIIEINLET • SANK C. Moo 1 ' J RUBIM[LL TNORNt CHAIRMAN _ ,•�t DIR[CTOA OP EOUALl"TION , ALL M J. 'ecookICN RAYMOND B. BLACK T.##"MAN MURD DrA6CTO0 OF BPRCIAL . - - F..NCMINE VALUATION STATE OF NEW YORK STATE BOARD OF EQUALIZATION AND ASSESSMENT GOV. ALFRED E. SMITM STATE OFFICE VALDING '1�7+ ALBANY I, N. .Y. �f ay 3 1954 P r. 3aymiond W. Terry F �.. Chairman, Board of .Assessors V4 'Southold, New• Yorkl5E Dear sir. Terry: Thia is in reply to • " • 'your' inquiry with regard to the" _propriety of assessing certain parcel of real property awned by Rudolph J. Deiiaan and a F . . Florence A. DeFaan, his wife, on the assessment roll of the Town of Southold. These parcels are set. forth on Subdivision ;Iap Cedar _each Park. q0 as "The Tennis Courts and Pl n. 11 „ „ ayr-round. Community :leach and Garage Plot." You state that `?-ese :-'arcels "have never been on our Southold i'own : sFessment Roll, as separate ashes-sent, but were considered included as cotn.;u-^-ity oroaez-ty assessed to the several 71•ners of property in the ti O:1 . lsO sta ' that :11`• DeHaun -is no,,; hireatening you. with an action to force you to Fntsr � Lhi..sp rcel On the assessment roll and you request our opinion.. non:g the documents submitted by'yc-u is ::. rhotostatic ec y of a deed dated ::arch 27, 1929.- hick conveys certain riots of land in Cedar Beach Park ;MIG M and designated as lots ':o. S F E, .7 nd _l:is deed recites, in . Part, as Lollol•:s. ,._ � with the right, to run it th tY18 land, to used 'enjoy coa-non with others Enjoyin1.g sirrd1 r rig is and r�rivileges, those portions. of Cedar `e:.,&_* ar s;hich tl..ve been or may here- inafter be set aside for C:oinunity r;,rposes subject to rights, reservations, rules and re ulatiars -.s h--,rei.na fter set forty:. "I✓or�urity Prorerty - .._e use all.^. 82:jOy:aent UI "the ro.;?urdt" P J"P.rty t eJai Beacu r_rk shall be limited to those, pe_rsons, ;••ho _,re the •member -'ood standing of the Cedar Beach i'•ar Corlaal�n;ty Associ a.tion,lthe p autl crized 1rus is t'�areof or of ti:e Ce:!ar rear_?: :ar'� Ire `he membership of the 'Cedar Beach Co uni,,y ,as ociatior . 1oe _inuted to the owners of ^rorerty sold by'thc. T.P. ealty Corporation, its successors or �.s�;•-rs:" If I am to understand that this i;: a 'L;,pical deed of transfers of plots in the subdivision and that the quoted lanzuage has reference to the ' -,� .V fir. Raymond W. Teary - 2 _ May 3. 1954 44. � ��7 three parcels in question • , "The Tennis Courts and P1ayFround,0 "don"amity Reach" and -"Garage Plot-,'R it appears that such parcels should be assessed at only a nominal value (People ex rel. Topping v. Purdy, 143 App. �Div. 389; dews Syndicate Co. V. Se7Cton, h.Y.L.J. 12-9-39, page 2057: Psaple c.,. es rel. Steamler et ano v. Miller st al N.Y.L.J. 7-19-40, page 153; Lsrcbmont �. YAnor Park Society v. Smith, 268 App. Div. 997) but that there should be reflected in the assessed value of the other plots in the subdivision the beneficial use they make of such _ parcels (Tax Lien Corp.Car Y. Schultze, 213 N.7. 9; People ex rel. Poor v. Wells, 139 App. Div. 83, 87, a.ff'd on opinion' below, 200 N.Y. 51.8; People ex rel. Topping v.. Fmrdy, supra; Matter of Hall, ' 116 bpp. .Div. 729, affId 189 N.Y. 552).. This, in effect, is what done. you have r� (�L Fr 1 M. 7a 'HdtJ� 'pv Rc,►�/a-5�9 �'Qv ►� r,����� Since th*se parcels vonld(appear to have no market value, I as puzzled as to wtq the DeHaans purchased property to xhicr. they would obtain nothing but the bare legal title. Under the circumstances, it ,sight be well to have your tam attorney look into this aspect of the problem. Should you have azy further questions with regard to this matter, I shall be pleased to hear from you. ;?.4 . � ` I am retu rning herewith the maps and photostatic copies of the deeds. .r• Very truly yours, SPATE BOARD OF " • r,�Ut.LI� IIa\T QiD AS5ESSV,0T By / ' Theodore H. Kline Chief Local Assessment Consultant . THK:NIN Encl. k;. y -- r Board of 'Towni Trustees' Agenda February 27, 1984 r Page 2. Ralph „M. Golden - To place`=a bow stake with stern anchor in ,Richmond Creek„ Southold:' ' 5. Andrew, J: Tatar;' = .To° place,'.Yan'"offshore stake with pulley'. line to onshore stake. in Hallo'ck' s Bay; Orient. . 6A. Joseph Fischette To install`a •btilkhead, - dock, ramp' and . three- float docks on-the,-North end of Arshamomaque Pond,, : South side of Middle" Road', 'Southold. 6B. Joseph Fischetti - Referral from the Town Board of •Wetland Application #}183 to install a' bulkh'ddd, -dock# ramp' and .three r float docks on the North• end.. of Arshamomaque• Pond,, South side of Middle Road •Southold...;, 7. ' Harry .Beaton =" To :place `an `offshore 'mooring in Goose ..Creek, Southold. . 8A. Helen- B. ,Case - Refe`rral from•`the' Town 'Board` on .Wet•larid• App1i•cation. 4182 'to place broken concrete from New Suffolk Avenue bridge on'property at' West Creek, Cutcho'gue.. , 9A. Bertram Walker - To replace' existing 'bulkhead,- 15'' on North side and 15' on west side, Brush' s Creek, Laurel. 12A'. JohY'. Braider'.''-'. To place a dock;'''ramp and,. float in Gull: Pond,' Greehport. 13... 'Lois 'W: ,-Barker To''place. an offshore :stake with .pulley line 'to 'Onshore stake- in,.Deep-Hole-:Creek, ,Mattituck. 3A: Augustus 'Fink. = To construct' a,catwalk,,. -ramp and float with three- fin ''er docks,•'•in Dryad' s`'Basin at Southold. 3B. ' Augustus Fink - Referral from .the 'Tovhi Board of'.Wetland Application #171 . to construct a catwalk, ramp and float with three finger -d6ck6 in "Dryad' s Basin 'at Southold. 8A. Daniel Silverman & Dr. . Edward� Cartfiick ;=° To dredge and to construct a timber dock consisting of catwalk, ramp and Boats , in Wunneweta' Pond, -Cutchogiie:: . 8b. Daniel Silverman & Dr. Edward Cartnick - Referral from ,the . Town Board of Wetland Application #175 to dredge and to construct' a timber dock -consisting :of a :catwalk,` ramp and floats in Wunneweta Pond, Cutch'ogue. Thank you. J Henry 'P. Smith, President Board of Town• Trustees 10405 PC 79 TOGETHER with all rights,title and interest,If any,of the party of the first 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 end to said premises. TO HAVE AND TO HOLD the promises hereir)granted unto the party of the second part,the heirs of successors and assigns of the party of the second pert forever, y AND the party oftha first part covenants that the party of the first part has not done or suffered anything whombythe said premises have been Incumberad in any way whatever,except Be 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 IQ be applied first for the purpose of paying the cost of the Improvement and will apply the same first to tha payment of the cost of the Improvement before using any part of the total of the tare for any other purpose, The word"party"shall be construed as if It road"parties"whenever the senp—: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; /J ,y Rudolpt . Der Haan �'lazeIn _s -n .<o 10405 K STATE OF NEW YORK,COUNTY OF sst' STATE OF NEW YORK,COUNTY OF 40 *kR c-n/ is! On the.�A--day of August 19 87, before me On the 3/4.4 day of AuguBtA 19 87, before me ,personally coma RUDOLPH J. DE HAAN personally came FLQRENCE nDE HAAN to me known to be the Individual described In and who to me known to be the Individual described In and who executed the foregoing instrument, and acknowledged executed the foregoing instrument, end acknowledged that he executed the same. that she executed the same. L ` of ry Public .r� �t Notary Public KAREN M, WII.LIAMS KAR&N M, WILL.jArt8 N.torr PuWy,Sloe nr N.•w York Nutun•thJr te,State er Nt w York. ,.,r, nDIUMY�Nu.2228729 CI' WNrgn(i.antY�;1n.J22a7jf p� c•nux ss, Y.•xolrm March 20,19-1 My commintoe nxp)rs�\ttr�3a JfiL1 STATE OF NEW YORK, COUNTY OF sa: STATE OF NEW YORK,COUNTY OF se: On the day of 19 before me On the day of is before me u personally Came personally come 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. wham I am personally acquainted, who, being by me duly sworn,did depose and say that he resides at No, that he is the ;that he knows of to be the individual the corporation described described In and who executed the foregoing Instrument; in and which executed the foregoing Instrument; that he that he, said subscribing witness, was present and sew knows the seal of said corporation;that the seal affixed to said Instrument is such corporate seal;that It was so affixed by execute the same;and that he,sold witness, order of the board of directors of said corporation,and at the same time subscribed h name as witness thereto. that he signed h name thereto by like order, fVarof1I11 allb talp Bret) SECTION 1 Covenant Against Grantor's Acts With BLOCK I I Title No. ..... •• _ -- LOT COUNTY OR TOWN RUDOLPH J. DE HAAN and FLORENCE DE HAAN, his wife, Reedrdod of Aoqunt of x„ TO Title U$A insurance" Corporation of New York EDWARD R. DEUTSCH and EIY,>;EN E. DEUTSCH, RETURN BY MAIL TO his wife. EDWARD' P. 0-HANLON, ESQ• Standard Form of Now York KIEFFEft AND HAHN, ESQS. Bowel ofTitlaUnQfMaltoro Ill John Street Dbirfbutedby New York, N. Y. 10038 Title USA Insurance zip No, Corporation of New York � J =z lie x c� Hbvt 1 L� it 'I'ELEPEIt)N1i (516) 765.1892 BOARD OF TORN TRUSTEES TowN OF SOUTHOLD Town Hail, S3095 Main Road P.O. Box 728 Southold, New York 1 197E APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK FOR THE ISSUANCE OR A PERMIT PURSUANT TO THE LAWS, ORDINANCES AND R90ULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS, FLOOD PLAINS AND DRAINAGE AREAS OF THE TOWN OF SOUTHOLD, AND THE ISSUANCE: OF PERMITS PURSUANT_ TO CHAPTER 32 OF THE CODES OF THE TOWN OF SOUTHOLD. APPLICATION NO. —L1 --DATE OF APPLICATION 1/19/88 IDENTITY OF APPLICANT Edward Deutsch la"n=gonsu antaLInc. PRONE No y—ADDRESS OF APPLICANT87wBe11ows,TLane ( 516)56o-731a w_ -------� Manhasset New York 100_Q,_ _® On _ TAX MOP NO.-------�--1000-89-2-1 1•f� AGENT En_Consult.an�.sL Inc_ Rom ,_ Hie, Psi � 'a '�_PHONE� o. ' 1329 North Sea Road, Southampton, New. York 11968w(516)283-6360 PERMIT Rt=QUESrED TO Construct a 41 X__LQ&' fixed gl-eytPd-L4-, a =y-P _ grade of marsh) walkway; 4' x 14 ' hinged ramp; (2) 6 ' x 16 ' floats secured bv_( 3 ) 8" diameter tZl --—-------- ----- LOCATION OF PROPERTY FOR WHICH PERMIT WANTED_ _Cedar Southold, New York 1197.1. HOME ADDRESS OF PERMIT APPLICANT IF DIPPERENT FROM AFORESAID LOCATION CREEK, DAY OR HARBOR FRONTING PROPERTY_ Dr,,,Yad� $I ZE OF PROPOSI_D WORK See above LENGTH See above W 1 DTH See above tiE J GHT ABOVE H J GH WATr:6p tyH,11717 /.� Y DEPTH 49LOW LOW WATER YARDS TO 09 EXCAVATEb__T ��c A �---- -------- ,- YARDS TO BE FILLED ( N A WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY- 500± and variable. ��� DEPTH AT LOW- TIDE 2P AVI=RAGE RISE IN TIDE 2 ' - 6" -- DISTANCE TO THE NEAREST CHANNEL. - —FT. DISTANCE PROJECT EXTVNDS BEYOND SIMILAR PROJECTS IN THE AREA - 15 THIS FOR PRIVATE OR BUSINESS USE? Private - AREA ZONING Residential MANNER IN WHICH MATEF2 i AL W 1 l,i, BE REMOVED OR DEPOSITED- Ny - INTENDED USE OF PRO s PERTY___ &CC'gS to water,--—-------—------ DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED ON THE PREMISE Nn -----__--___---------------- AND WHETHER ANY PRIOR LICENSE OR PERMITS HAVE BEEN ISSUED TO E'RRECT STRUCTURES OR TO D14EDGE OR DEPOSIT FILL ON SAID PREMISES AND WHETHER ANY PERMITS OR LICENSES WERE EVER SUSPENDED OR REVOKED BY. A GOVERNMENTA DESCRIBE FULLY THE REHABILITATION AND PROPOSED CONDITION OF THE PREMISES AFTER THE WORK IS COMPLETED INCLUDE AN ADDITIONAL SURVEY OF THE PROJECT SITE IF I�IECESSARY ----------- None-aela e-d------ -,— -----—-----" ""-_---------- ----------------- -------------------------------------------_-�-- _--- WRITTEN CONSENT OF THE OWNER OF THE PROPERTY, IF' NOT THE SAME AS THE APPL 1 CANT. E++'-- �rS.. e<<cas--� -------------------------------------------------- ARZ THERE ANY COVENANTS OR RZSTRICTIONs IN YOUR DEED THAT WOULD PROHIBIT 'PHIS PROJECT? None Known. ' BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SHORT ENVIRONMENTAL ASSESSMENT FORM Project Information(To be completed by Applicant'or Project sponsor) 1. ApplicanUsponsor =. Project Name Edward Deutsch b En-Consultants, 1 c. J. Protect location: Municipality Cedar Beach Road, Southold county Suffolk a. Is proposed action:El New ❑ Expansion 0 ModiHcatlonlalteraotin S. Describe project hneily: Construct a 4 ' x 100' fixed elevated ( 4 ' above grade of marsh) walkway; 4 t x 14 ' hinged ramp; (2) 61 x 16 ' floats se pilings. cured by (3) 8"" diameter 6. Precise location(ruad intersections,prominent landmarks,etc.or provide rnapl - Cedar Beach Road, Southold, New York, 11971 7. Ameunt of land affected: Initially.._ _ acres Ultimately- 2. 9 acres B. Will proposed action comply with existing ionrns or other existing land use resrnetionst ❑ Yes © No If No,describe briefly 9. What is present land ease in vicinity of prgtectf ❑ Residential ❑ Industrial ❑ Commercial ❑ Agriculture ture ❑ Parkland/open space ❑ Other Low density to. Does action rn4olve A DetmitlapprovaI,or funding•now or ultimately,from any other ggvernmental agency(federal,state or locally ® Yes ❑ NO, If Yes,list agenev(s)and peimltlappreyals NYSDEC DOS It., Does JAY aspect of the action have a eurrend valid Y permit a approvalf ❑ Yea Wl No if yes,list agency name and Permitlapproval type 12. As rftult of proposed action will existing perm1t/approval require madificdtionf ❑ Yes ® No • I II CERTIFY Tl(AT TItE INFORMATION PROVIDED AOOVt IS TRUE TO THE REST OF MY KNOWIEME ApPheanUsponsor nine: Mide' t n-Consultants Inc, I 19 88 Ogle: S Rni lure: I PART It EnvirOr,mental AS<sesslttent(To be completed by Agency) A. Does action excerre�dd any Type I threshold in 6 NYCRR,Part 617,121 It yes,coordinate the review process and use the fULIJL— ❑ Yes FORM EAF, Q, Will d A aced receive Coordinated tev lfttew as prov{d*d for Unlisted in 6 NYCRR.Part 617.71 If No,a negative decfaratr ftn—v�alved actrpr, / 9f1 may be super<eded by abt l..i Yes ❑ NO C. Could actinrt result in ANY adverse effects en,to,Of arising from the following:(Answers may be handwritten if legible) • d. drainage au quality,surface or tfoxplain fi firlily or gyantity noise levels,existing traffic patterns,solid waste production or dispesal,potential fora»rs dwinate or flooding problemsf Explain brlefty; C2. Historic,archeological,visual of aesthetic,or ether natural or cultural resources;agricultural districts;or community of r+eighborhood eha►actei?Explai It C3, Vegetation or fauna,movement of fish of wildlife species'significant habitats,or threatened of endantered sPeciest Explain briefly: F C+• A Sommuni[ � - ✓s existing Plans or goals as officially adapted,or a change in use or Intensity of use of land or eiher nature)reseurcesl Explain briefer, F CS. Growth,subsequenr development,or related activities likely to be induced by the proposed action?Explain briefly, Cb. Secondary,cumulative,or other effects floc identilled in C r • 1�Cb1 Explain briefly. _ - i C7, A change in use of either quantity or type of energy?Explain briefly, 1 PA III Determination of Significance(To be completed by Agency) r INSTRUCTIONS: For each adverse effect identified above, significant. Each effect should be assessed in connectiondetermine whether it is substantial, large, important or otF.eaar;r - (c)duration; a irreversibility;should geographic with its(a)setting(i.e. urban or rural); (b)probability of ocamjin (e)geo ra hic scope;and(f)magnitude. If necessary, add attachments or reference supportrir materials, Ensure that explanations Contain sufficient detail to show that all relevant adverse impacts have been idesnifif and adequately addressed. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur,Tfu Proceed directly to the FULLILONC FORM EAF and/or prepare a positive declaration. d Check this box if you have determined, based on the information and analysis above and any supporting document ` that the proposed action WILL NOT result in any significant adverse environmental impacts ANQ provide here, a t attachments as necessary, the reasons su p pportrtg this determination: °it••c •� i AttntY"time AsencY Prrparlr,Narp! P�.aJ.a i S:anJrWr r•d! Dire Letter of Authorization This letter will authorize Mr. Roy L. Haje to act as my agent in connection with filing such permits as may be necessary to secure approvals from any and all government agencies to construct a dock on my property on Cedar Beach Road in Southold, New York, Edwa—rd R. eu sc 1218187 A- h-'pVW 1 FOWAWO %IQ 4� �-- .-.v� X:D op p to �i�N+��..[ w��fir'p v J.dMW-7V/`> OPTOd Obfd y .a 3 oQr i ord - col 71. n ;?d :V!cOd rlr►d br Clef �-7W :Wn.LWp r � 0 A • n �O 4 4 a 1 do ,c A4 � ;Wod � � � q't��a►Q' � A4P IL I �.j • r � 'b I N�v3e - S adQ3� � ; "' �►~ it `" UVQ3J l / SCHEDULE A'— Description TITLE No. 8408-00002 "PARCEL 2" ALL that, certain plot, piece or Farcel of land, situate, lying and being at Bayview, Town of Southold, Suffolk County New York, being more particularly bounded and described as follows : BEGINNING at a point of the easterly side of Cedar Beach Road, which point is the division line of thu stibjc:ct proinises and land now of formerly of R. Aksc.in; running thence: along Cedar Beach Road N. 2,30 07' .40" E. 259. 92 feet; thence S. 860 05' 50 E. 543. 91 feet to land now or for►ner•ly of Gazza; thence S. 31' 54' 10" W. 70 feet more or less to Dryad's Basin; running thence along Dryad's Basin in a generally westerly and SouthUPly direction 450 k!ct more oi• less to land of Akscin; thence S. 88° .27' 40 " West 160 feet inore or less; thence N. 660 .52' 20 " W. 200. 0 feet to the point: of B I—INNING. FOR INFORMATION ONLY: Dist. 1000 Sec . 089 . 00 Blk. 02 . 00 Lot. 001. 000 s DESCRIPTION (A) MUN. DEPT. SEARCHES (B) SURVEY H&B New ❑ or use existing ❑ Fire C.0. Surveyor Oil Burner Permit Ordered , received Dept.of Health Air Pollution Certified to Dept.of Highway Existing ❑ V A. ❑ (C) MORTGAGE: Conventional ❑ F.HA. ❑ Application for mortgage to Commitment received from ,on Expiration date of commitment ,for$ years at %. (D) LEASES: existing ,to be made with (E) MISCELLANEOUS ITEMS: ❑ Pay-off letter ❑ Elevator Cert. ❑ Certificate of Reduct. ❑ Fire Underwriter Cert. ❑ Combustible Permit ❑ Keys ❑ C.of O's ❑ L.R.O.Orders ❑ Electrical Inspect.Cert. ❑ Leases (F) CLOSING DOCUMENTS Affidavit of Title ❑ Deed ❑ _ Lease ❑ Assign-of Contract ❑ Extension Agreements ❑ Mortgage ❑ Assign of Mortgage ❑ Estoppel Certificates ❑ Bond or Note ❑ Broker's Contract ❑ Owner ❑ Lienor ❑ Landlord ❑ Satisfaction ❑ MATTERS TO BE DISPOSED OF SUBSEQUENT TO CLOSING (G) ITEMS TO BE RECEIVED BY MAIL (G) NOTICES TO BE SENT BY MAIL ❑ deed ❑ lease ❑ mortgage Notice to date Received on — Tax Collector ❑ Recorded on ,Book page Mortgagees ❑ Title Policy Received Tenants ❑ Endorsements received Rent Office ❑ Commission recevied Dept.of Bldgs. ❑ Other items: Insurance Cos. ❑ Others (H) ITEMS TO BE FORWARDED TO CLIENT date mailed deed ❑ Other: mortgage ❑ bond or note ❑ Title policy ❑ Ins.policy ❑ 1 cc: Town Board Town Attorney r.; . Board .of Town Trustees — r r :, Griffing S Southwick- Ell William F. Mullen Jr._ LstC� SUPREME COURT OF THE STATE OF NEW YORK , COUNTY OF SUFFOLK v�li"� ----------------------------------x P 2 3 , EDWARD R. DEUTSCH and ; Tom CO�c EILEEN E. DEUTSCH, Petitioners, -against- , Index No,. THE BOARD OF TRUSTEES OF THE TOWN OF SUFFOLK, ; FRANK A. KUJAWSKI, JR. , ' . NOTICE OF ALBERT J. KRUPSKI, JR. , PETITION JOHN M. BREDEMEYER, III, JOHN L. BEDNOSKI, JR. , and _ HENRY P. SMITH, Respondents. ----------------------------------X PLEASE TAKE NOTICE that upon the annexed verified petition, verified on September 23, 1988, the undersigned will petition this Court, before an assigned I.A.S. Part, at the Courthouse, 235 Griffing Ave. Riverhead, NY., on October 21, II 1988, at 9: 30 A.M. , or as soon thereafter as counsel can be f heard, for a judgment pursuant to Article 78 of the C.P,L.R. directing respondents to retract the resolution adopted on August 25, 1988, which is annexed to the petition as Exhibit E, and declaring such resolution to be null and void, on the grounds that respondents adopted such resolution in violation i of lawful procedure and in excess of jurisdiction, that the ' I resolution was affected by error of law and was arbitrary and capricious, an abuse of discretion, and unsup ported by 11 substantial evidence, and that in rescinding the permits �i i f referenced in the resolution respondents failed to perform the duty enjoined upon them by law. Dated: September 23, 1988 KIEFFXV AND HM // ! By Attorneys for Petitioners 111 John Street New York, NY 10038 ( 212) 349-9400 To: Respondents above-named _ I i I i i I i i I� it II I. -2- I i SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------- -m----------------X EDWARD R. .DEUTSCH and EILEEN E. DEUTSCH, Petitioners, -against- Index No. THE BOARD OF TRUSTEES OF THE TOWN OF SUFFOLK VERIFIED FRANK A. KUJAWSKI, JR. , PETITION ALBERT J. KRUPSKI, JR. , JOHN M. BREDMEYER, III, JOHN L. BEDNOSKI, JR. , and _ HENRY P. SMITH, Respondents. -------------------. -------------�X Petitioners by their attorneys, Kieffer and Hahn, hereby respectfully petition this Court as follows: 1. Petitioners reside at 87 Bellows Lane, Manhasset, New York. 2. Petitioners are the owners in fee of the wetland premises at Cedar Beach Road, Southold, New York described as � Parcel II in the deed, a copy cf which is annexed hereto as Exhibit A. 3. By application dated January 19, 1988, a copy of which is annexed hereto as Exhibit B, the petitioners applied I lto respondents, the Board of Town Trustees of the Town of Southold, State of New York ( the "Board" ) for the issuance of a permit to construct a fixed elevated walkway, ramp,`4floats and pilings i 11lon the Premises ( the "Proposed Work" ) . li !I i ! 4. On April 21, 1988 the Board issued its Wetlands Permit No. 471 to the petitioners for the Proposed Work, a copy of which is annexed hereto as Exhibit C together with a copy of the Board's Permit Authorization No. 3643 dated May 4, 1988 annexed hereto as Exhibit D. 5. Without any prior notice to the petitioners, or to the public, and without any opportunity to be heard, the Board apparently resolved at its meeting of August 25, 1988 to rescind its Permits No. 3643/471. _ 6. By letter dated August 29, 1988_ (Exhibit E hereto) petitioners were notified of the Board's action. 7. By its above alleged actions the Board has failed to perform the duty enjoined on it by law. 8. There has been no prior application for this or similar relief. WHEREFORE petitioners respectfully request the relief set forth in the Notice of Petition, together with costs4and disbursements. KIEF R AND MH_NBy ,, - Attorneys for petitioners 111 John Street New York, ' Ny 10038 i ( 212 ) 349-9400 -2- `i ' PF 30 h l66) 316r Y-a.T.U.Form ioo7 aepaln MO Salo Pand,yWRh CoWmnt Ipdmt 12—t 'o AatNndirl4uml o,QorpwAtlon s Uq FORE SIONIN6 THIS INSTRUMENT—PHIS INSTAUMEI UL6 SE USED 8Y LAWYERS ONLY. r4� ra 17 ooq THIS INDENTURE,made,th• 3 '� day of August nineteen hundred and eighty-seven q. BETWEEN resiLPH J.iding-atp(no#? PineFNeckNRoadr (BoxN,1231,�wife Southold, New York 11971 ! `, 0i party of the first part,and residing atARD R. E87S Bellows CH and ELane, Manhasset, New sYork e11030 party of the second part, WITNESSETH,that the pally of the first pert,In consideration of &1-60 TEN ($10-00)------------------------ •------ ----- dollars. SECT. lawful money of the United States, and other valuable Considerations paid 089.00 by the party of the second pert,does hereby grant and release unto the party of the second part,the heirs,or BLOCK successors and assigns for the party of the second part forever, O 1�0 PARCEL I.- LOT�- ALL that certain plot,Place or Peres]Of land,with the buildings and improvements thereon erected,situate,lying oio.d0r� and lasing 6mtOP at eayview,T4wn of Southold, County of Suffolk and State of New York, more particularly bounded and described as followsz ----� �� BEGINNING at a point .located on the westerly side of Cedar Beach Road, _ ,_ which point his at the division line Of the subject premises and land now or formerly of Pace; running thence.North 66. degrees, 52 minutes, 20 seconds West 138.72 islet to land now or formerly of Aksain; thence North 24 de- grees, 24 minutes, 20 seconds East 33.11 feet; thence North 22 degrees 16 minutes, 40 seconds Bast 226.92 feet; thence North 22 degrees 24 minutes, 30 seconds East 516.98 feet; thence North 21 degrees 45 minutes 20 seconds East 363.40 feet; thence North 23 degrees, 02 minutes 50 seconds East 406.50 feet to land now or formerly of Stott; thence South 46 degrees, 14 minutes, 20 seconds East 240.62 feet; thence South 20 degrees, 05 minutes, 10 seconds West 31.20 feet; thence South 88 degrees 01 minutes 10 seconds East 135.15 feet; thence South 52 degrees 13 minutes ` 00 seconds East 147.85 feet; thence South 55 degrees 53 minutes 00 seconds East 219.05 feet; thence South 57 degrees 50 minutes 30 seconds East 369.44 feet; thence South 38 degrees, 37 minutes 00 seconds East 67.10 feet; thence South 57 degrees, 22 minutes, 50 seconds East 102.50 feet to Paradise Point Road; thence South 24 degrees, 53 minutes 20 seconds west 69.16 feet; thence North 65 degrees 06 minutes 40 seconds West 200.0 feet along land now ar formerly of Weumoutht thence South 24 degrees 53 Iflinutes 20 seconda west 441.68 feet; thence South 76 degrees 53 minutes 00 seconds East 62.62 feet to land Rositzke; thence South 83 degrees 49 minutes, 40 seconds West 10.5.95 feet; thence South 13 degrees 07 minutes 00 seconds West 165.0 feet to .northerly side of Cedar Beach Roadt thence :along said road North 76 degrees, 53 minutes 00 seconds west 127.61 feet; thence still along said road north 86 degrees 05 minutes 50 Baconds'�aest 779.07 feet; thence still along said road South 23 degrees 07 ininut,Ps 40 seconds west 307.02 feet to the point of. beginning. PARCEL .T 1-, DIST. ALL that certain plot,, piece or parcel of land, situate, lying and being at 1000 Bayview, Town of Southold, Suffolk County, New York, being more par- •ticularly bounded and deocribed as followst SECT._ 089-00 BEGINNING at a point of the easterly side of Cedar Beach Road, which point is the division line of the subject premises and land now or formerly of BLOCK R. Akea:in; rutlning thence along Cedar Beach Road north 23 degrees 07 p2.00 minutes 40 seconds east 259.92 feet; thence south 86 degrees 05 minutes 50 seconds east 543.91 feet to land now or formerly of Gazza; thence South LOT 03 degrees 54 minutes 10 seconds west 85 feet to Dryad's Basin; running 0 .00 thence along Dryad's Basin in a generallyy westerly and southerly direction 382.04 seta more ar less to lend or Aksscin; thence south 88 degrabb 27 CONTINUED- 10405 DP 78 minutes, sdconds west 125.0 feet; thence ..-rth 66 degrees 52 minutes, 20 ,seconds west 200.0 feet to the point of beginning. Parcel I above is subject to the following right of way in favor of the grantors herein and the owners of the premises adjoining Parcel I on the west, said right of way is more particularly bounded and described as follows; ALL that certain plot, piece or parcel of land, situate, lying and being at : Bayview, Town of Southold, County of Suffolk and State of New York bounded and described as follows: $BGINNING at a point located on the westerly side of Cedar Beach Road which point is at the division line of Parcel I above described and land now or formerly of Pace; running thence north 66 degrees 52 minutes 20 seconds west 138.72 feet to other land now or formerly of the party of the first part; thence north 24 degrees 24 minutes 20 seconds east 15 feet; thence south 66 degrees 52 minutes 20 seconds east 138. 72 feet to the westerly side of Cedar Beach Road; thence south 23 degrees 07 minutes 40 seconds west 15 feet to the point or place of beginning. The party of the first part herein are the •same persons named as the grantee in deed recorded in Libor 4637 cp. 76,• 78 and 83, tit•S•%Y I I I I• Nu. . Schedule 13 of tide policy issued will contain the following exceptions, in addition to those noted elsewhere herein; SCHEDULE B The following estates, interests, refuels, ob'uctions to title, liens, and 4. Judgments against the insured or estates, interests, defects, objection encumbrances and other matters are excepto� from the coverage of tills liens or encumbrances created, suffered, assumed or agreed to by or wi policy. the privily of the insured. . 1. IkH'evls and invuntlnanvax ;nixing, ill buuunling a licit al'Wr the d;,lu ill' 4. TWO lu anY prupurly l,uyund Iliu Iiuus I'tile pruulisus,ur tiliu lu arc Ills pulivy,vxcapl ax have p, n,vidutl' within or rights or oasumunts in anY ubutting streets,roads,avenues,lant 2. t'unsuquencus ul' the exercise and ollfurcunlunt or attempted onforce- ways or waterways, or the right to maintain therein vaults, tunnels,rum stunt ofuny guvernntuntal,war or police powers over the promises. or any other structure or improvement, unless this policy specifically pr 3. Any luws,roglululiuns or urdlauncus(including;,bill lilt limiled..lu zon- vidos Ulat such titles, rights,or comments arc insured. Nutwilhslanding;w Int. building,. and vnvitunntvnlal pruluvliun) as It) Ihu use, ucvllpallcy, provisions in this parlgrlph to the cunlrary, this pulicy,'unluss uthurwi �uhthnxlun ut uulnuvvutvnl ill' My ptvnlisus aduIllvd ill- impusud by llny uxwplud, insures Ihu ordinary rights ill' aucuss and egress buluugill guvt�lunlenlal burly, ill- the el'1'evl ill' any uuneuinplirnue Willi ur any ubulling uwnurs. .vlulatiun thercul'. , G. Title to any personal property, whether the same be attached to used in connection Willi said premises or otherwise. 7. Attention is called to the provisions of Article 31-B of the Tax Law whioh imposed a 10% gains tax on. certain real property transfers (deeds, leaces , etc. ) . No deed or an-Y other real ro ert transfer can be recorded unless accompanied a letter rom t e State Tax Commission certifvinn that no tat is due on said trans er o ixin t e amount of said tax. '�1�the'trans transfer 17_suTject to a tax , a certified check in-the amount of the tax payable to the State Tax Commission must be delivered to the County Clerk, No such letter will be required on the following types of transactions: 1 . Deeds conveying owner-occupied residential property. Ueed must be accom• panied by affidavit by transferor certifying the entire property is occupied as his residence. (See form affidavit prescr bed by State Tax Commission annexed) . 2. Beal property transfers (other than transfers pursuant to a Condominium, Cooperative, or certain other plans of property subdivision) , where the gross consideration received by the transferor is less than $500,000.00, . Deed must be accompanied by affidavit by the transferor certifying as to the aforesaid facts, (See form affidavit prescribed by State Tax Commis- sion annexed) . MOTE: Any inquiries regarding this objection should be referred to Tomson Sheh, Office Counsel , at 5167 Ndrew 6-3737 -continued- CHICAGO TITLE INSURANCE COMPANY F-10444-03 TITLE NO. 8 . No title is insured to any land lying below the present or any former high. water line of Dryads Basin and Marsh Areas of Parcel 1 and 2 . 9 . Except riparian rights of easements of others to and over Dryads Basin and Marsh Areas of Parcel 1 and 2, but policy does not insure any riparian rights or easements in .favor of the owner of the premi herein. 10. Except the right of the United States Government to establish harbo bulkhead or pierhead lines or to change or alter any such existing lines and to remove or compel the removal of fill and improvements thereon . (Including buildings or other structures) from land now or formerly lying below the high water mark of Dryads Basin and Marsh Areas of Parcel 1 and 2 without compensation to the insured. 11. Except the rights of the United States Government; , the State of New York and Town of Southold or any of their departments or agencies to regulate and control the use of the piers, bulkhead, land under water and land adjacent thereto. 12 . Covenants and Restrictions in Liber 1424. cp 77 , Equitable Covenants and Restrictions in Liber 1325 cp 274 , cp 282 (Same). -continued- l4C:Hr=ni II F R—SFf:T10N 9 (4r1riori Ponol CHICAGO TITLE INSURANCE COMPANY F-10443-03 TITLE NO. Disposition 13 . Reserved by sellers: southerly 15 ' of lot 7 of proposed map of Cranberry- Acres for use as a right of way. 14 . Survey of parcels 1 and 2 by: Roderick Van Tuyl PC dated 7/23/82 redated 12/12/83 shows: vacant land, 2 parcels, North parcel mostly former tidal wetlands, now a marsh; South parcel also partly marsh adjoining on Southeast to Dryad ' s Basin; drain gutter connecting both parcels which are divided by Cedar Beach Road. No encroachments : Policy will except any changes since 3.2/12/8 3 . SCHEDULE B—SECTION 1 (Added Page) CHICAGO TITLE INSURANCE COMPANY F-10446.02 TITLE NO. MORTGAGES Mortgagor "NaTE OF RECORD" Mortgagee Amount $ Dated Recorded Liber/Reel This commitment does not purport to show all the terms and provisions of the above mortgage(s). Interested parties should communicate with the holder(s) thereof to consider the terms thereof, the obligation(s) secured and the effect of any unrecorded agreements in modification thereof. 5 MORTGAGES SCHEDULE A — Description TITLE NO 8408-00002 "PARCEL 1" ALL that certain plot, piece or parcel of land, situate, lying, and being at Bayview Town of Southold, County of Suffolk and State of New " York more particularly bounded and described as follows: 131'GINNING at a point located on the wes'tcrly side of Cedar j Beach Road, which pointis at the division line; of the subject premises and land now or- for•mc:rly of. Pace; running thence N 66° 52' 20" W. 140 feet to land now or- for nierly of 1lkscin; thence N 240 24' "20" >~;. 51G;9.8 33..-11 fuet; thence N 22`' 16' 40" 1;. 226. 92? I*uoj ; i"hctrice N 221) 24 ' 30" I';. thence-N 210 451 20" 1:. 363. 40 feat; . the nci,! N 23(102' 50" L: 406. 50 feat to land now or formerly of Stott; thence S. 460 14' 20" E. 240. 62 feet; thence S. 200 05' 10" W. 31. 20 feet; thence S. 880 01' 10" E. 135. 15 fec-- 4, thence S. 520 13' E. 147. 85 feet; thence S. 550 53' E. 219. 05 feet; thence S. 570 50' .90" E. 369.44 feet; thence S. 380 37' E. 67. 10 feet; thence S. 570 22' 50" E. 102. 50 feat to Paradise Point Road; thence S. 240 53' 20" W. 69. 16 feet; thence N. 65° 06' 40-" W. 200. 0 feet to land now or formerly of Weurnouth; thence S. 240 53' 20" W. 441. 68 feet ;thence S. 76053' E. 62. 62 feet to land of Rositzke; thence S. 830 49' 40" W. 105. 95 feet; thence S. 130 07' W. 165. 0 feet to Cedar Beach Road; thence N, 760 53' W. 127. 61 feet; thence N. 86° 05' 50" W. 779 . 0-7ieet; thence S. 230 07' 40" W. 307. 02. feet to the point of BEGINNING. FOR INFORMATION ONLY: Dist. 1000 Sec . 089 . 00 Blk. 01. 00 Lot. 010 . 001 079 . 00 08 . 00 015. 001 8 DESCRIPTION CHICAGO TITLE INSURANCE COMPANY F-10442-01 TITLE NO. 8^=08-00002 SCHEDULE A 1. Effective date: 12/12/8 3 redated: by redated: by 2. Policy or Poli'cies to be issued: (a) xx Owner's Policy,NYBTU, I OOD $ T.B.D. Proposed Insured: Fink Jr. (b) Loan Policy,NYBTU, 1001) g Proposed Insured: (c) Policy $ Proposed Insured: . 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this commitment is at the effective date hereof vested in: RUDOLPH J. DE HAAN AND FLORENCE A. DE HAAN, AS TENANTS IN COMMON AND NOT AS TENANTS BY THE ENTIRETY, by deed dated 8/13/58 , recorded 6/5/59 in Liber 4637 cp 76 , by deed dated 8./1.3/58., recorded 6/5/59 in Liber 4637 cp 83 , by deed dated 8/13/58 , recorded 6/5/59 in Liber 4637 cp 78 made by Rudolph J. De Haan and Florence De Haan, his wife. 4. The land referred to in this Commitment is described on the description sheet attached. C'HIC'AGO TITI-6 INSURANCE COMPANY F-10443.02 The following are the requirements to be complied with: BLANKET POLICY A. If the application is for insurance under a master or blanket policy all of the following items under this Schedule B will be excepted from coverage in the Commitment of Title.Insurance u)be issued hereon unless disposed of to Ihe satisfaction of the Company or on prior to closing. IDENTITY OF PARTIES B. The identity of parties at the closing of this title should be established to the satisfaction of the closer. SECTION 13 OF LIEN LAW C. Deeds and mortgages must contain the covenant requital by Section 13 of the Lien Law and such covenant must be ubsolutc and not conditional. The euvenant is not required in deeds from referees or other persons appointed by a court for the sole purpose of'selling property. ASSIGNMENT OF MORTGAGE OR OTHER LIEN D. When the transaction is an assignment of"a mortgage or other lien, an estoppel certificate executed-by the owner of the fee and by the holders of all subsequent encumbrances must be obtained. When the transaction is a mortgage, the amount actually advanced should be reported to the Company. MAT'i'ERS AFTER EFFECTIVE.DATE OF COMMITMENT F. Defects,liens,encumbrances,adverse claims or other matters,il'any,created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to Lite date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. CORPORATE GRANTOR I'. 11' the present transaction consists in whole or in part of a conveyance or lease by a corporate grantor or lessor, there must be compliance with Section 909 ul' the Business Corporation Law.We will require the written consent to such conveyance or lease by all of'.[lie holders of the oulslanding shares of*Ihe said col pola11(111 and Ihe ntstrunwilI on closing should so recite. In lieu thereof'the consent of Ihe holders of two-thirds of all ol,Ihe outstanding shares entitled 10 vote thereon obtained at a meeting duly noticed and called for the purpose of"obtaining such consent in the manner provided for in Section 605 of the Business Corporation Law is required and the instrument on closing should so recite. If neither of the above is obtained, then, the prool's showing the basis upon which the conveyance or lease is to be made must be submitted to counsel prior to closing. CORPORATE MORTGAGOR G. If the present transaction consists in whole or in part of the making of a new mortgage there must be compliance with Section 91 1 of the Business Corporation Law. We will require a certified copy of the resolution of the board of directors of any corporate mortgagor authorizing the making of said mortgage. Proof must also be shown that the consent of stockholders of the mortgagor corporation is not required by its certificate of incorporation or amendments thereto for the making of said mortgage. The mortgage should contain a recital showing that it was made and executed pursuant to the resolution of the board of directors of the mortgagor. CONTRACT H. 11'this commitment requires a conveyance of the fee estate and the contract therefor has not been submitted to the Company,it should be furnished fur consideration prior to closing. PROOF OF NO OTHER NAME 1, Proof is required to show that the persons certified as owners herein have not been known by any other name in the 10 years last past. It' they have been known by another name,all searches must be amended and run against sue amended searches. h name and title is subject to returns,if any,on such MORTGAGES J. Mortgage(s)and assignment(s) thereof as described in the schedule(s)annexed. TAXES K. Taxes,assessments, water rates and sewer charges as set forth in the schedule(s)annexed. nrO M=11 PARTIES IN POSSESSION L. Rights of present tenants, lessees or parties in possession. CONTINUED ON REVERSE SIDE 2 SCHEDULE B-SECTION 1 CHICAGO TITLE INSURANCE COMPANY F-10443-03 TITLE NO. Disposition' NOTE : If .there are any questions concerning this title, kindly contact (516) ANNdrew 6-3737. M. The exact distances, dimension and locations of the boundary lines of the premises herein described cannot ho guaranteed without a survey acceptable and approved by the Company. N. Except any state of facts an accurate survey may show. 0. No. title is insured to any land lying in the bed of any street, road or avenue abutting, adjoining, passing through or crossing the. prmmises herein. P. No personal inspection having been made by this Company, policN. will except any state of facts an inspection would disclose. Q, Require abandonment of that portion of Cedar Bench Park that wi be overlapped by new map of Cranberry Acres, R% Survey submitted must be guaranteed prior to closing. . -continued- SCHEDULE B— SECTION 1 (Added Page) I ? CHICAGO TITLE INSURANCE COMPANY F-10443-03 TITLE NO. Disposition S . Possible rights of owners of lots on Idap of Cedar Beach Park, filed in the Suffolk County Clerk' s Office on 12/20/27 -as Map No. 90 to use the premises from recreational purposes. ° This exception will be omitted if a quitclaim deed is obtained from all of -the lot owners on the subject map. T . Require a quitclaim deed from Cedary Beach Park Association Inc . NOTE : By Declaration filed in Liber 4787 cp 72 , said Association claimed to be the owner of part of subject premises. U. Proof is required to show that the person executing 'deed or mortgage at closing is the same person as the grantee, the Certified Owner herein, Rudolph J. De Haan and Florence A. Dec Haan, as tenants in common and not as tenants by the - entirety, by deed dated 8/13/58 , recorded 6/5/59 in Liber 4637 cp 76 , by deed dated 8/13/58 recorded 6/5/59 in Liber 4637 cp 83 , by deed dated 8/13/58 , recorder? . 6/5/59 in Liber 4637 cp 78 (OMIT if deed contains same as recital: "Being and inten� to be the same premises conveyed to the grantor herein by deed recorded in the above Liber and pages) . -continued- SCHEDULE B—SECTION 1 (Added Page) CHICAGO TITLE INSURANCE COMPANY F-10443-03 TITLE NO. Disposition "Chapter 502 of the Laws of 1982 (Insurance Law Section 440 Subdivision 5 , effective 9/11/82) requires that title companies offer, at or prior to clo- sing, an optional policy to cover the homeowner for the future market value of his or her house. You may, therefore, elect to obtain protection in exce: of your purchase price. If you do not wish this additional optional coverag( you must waive same by signing in the space following this notice". NOTE: NOT FOR POLICY: Effective January 1 , 1977 State Legislation makes it mandatory for all instruments to show the real property tax service map designation. Said map designation should appear in the left hand margin. SEE DESCRIPTION SCHEDULE B—SECTION 1 (Added Page) �1 TOWN CLERK TOWN OF SOUTHOLD ��T Suffolk County, New York 516 - 765-1801 l�0 2 8 2 9® ' South--old, N. Y. 11971 L—'-/- 19 r ! RECEIVED OF Ju i T. Terry, Tvwn Clerk M Cash ❑ Check 3 Byl- pssaMs.�•��. eH��e�►•®.+.s�emN���s•ao� ��s,•w�esseer+�s�was�o•aoea i Memo for the File September 28, 1988 1:15 P.M. (approximately) From: Ilene Pfifferling, Clerk to Trustees Attorney Nick Hegedus from New York called this office in reference to permits 3643/471 for Edward Deutsch. He asked if there was a public hearing on this? I advised that we received a communication from Mr. Gazza who advised the Trustees that there was a question about the ownership of the property. The Trustees discussed this matter with the Town Attorney during a work session and then they took the action to rescind the permit at the regfzlar meeting. I advised that the agenda's are prepared usually a week before the meeting that if anyone want to get one they are available to the public. �11 HENRY P. SMITH, c Z TELEPHONE JOHN M. BREDEMEYER, II�T, �' esident - �71 (516)765-1892 JohriBednoski,1.Jr. 0 ALBERT KRUPSKI, JR., 'Vice-President BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: March 25, 1988 APPLICATION NO. : 611 NAME: En-Consultants, Inc. on behalf of Edward Deutsch This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: Unlisted DESCRIPTION OF ACTION: To construct a 4' x 100' fixed elevated . (4' above grade of marsh) walkway; 4' x 14' hinged ramp; (2) 6' x 16' floats secured by (3) 8" diameter pilings. LOCATION: Cedar Beach Road, Southold; 1000-89-2-1 REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the ,New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. Page 2 Environmental Assessment For further information please contact: President John M. Bredemeyer Board of Town Trustees Town Hall Main Road Southold, New York 11971 (516) 765-1892 cc: Bldg. Dept. D.E.C. , Stony Brook Town Clerk's Bulletin Board file -A v J o��FFo��o JAMES A.SCHONDEBAREi Town Hall, 53095 Main Road TOWN ATTORNEY • P.O. BOX 1179 ROBERT H.BERNTSSON y�Y41 � Southold, New York 11971 TELEPHONE ASSISTANT TOWN ATTORNEY (516) 765-1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD M E M O R A N D U M TO: TdWn Trustees FROM: James A. Schondebare, Town Attorney RE: Cedar Beach Park DATE: August 9, 1988 Enclosed for your consideration is the opinion of the late Robert Tasker, Esq. dated January 3, 1984 together with a copy of the title report contained in the old legal file. Please note paragraphs "s" and "t" in the title report . Again I do not know how Mr. Deutsch claims title. Did he get a quitclaim deed from the Cedar Beach Park Association, Inc. and from all the lot owners? Mr. Tasker;t�s opinion of the law in 1983 is applicable today. .American land Title Association Commitm 1966 ' Number 8408-00002 COMMITMENT FOR TITLE INSURANCE Issued by CHICAGO TITLE INSURANCE COMPANY Chicago Title Insurance Company, a Missouri corporation, herein called the,-Company, for a valuable consideration, hereby commits to issue its policy or policies.of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and char&es therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Com- pany, either at the time of the issuance of this Commitment"or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder .shall cease and terminate nine months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Chicago Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. CHICAGO TITLE INSURANCE COMPANY Issued by: By CHICAGO TITLE INSURANCE COMPANY President 117 East Main Street Riverhead, New York 11901 Attest: S :ountersi ncd by: E.�N...��I �E Secretary e OIPOAATE`;o exa eY L. Mo an y� . t.l+ Title Officer (516) ANdrew 6-3737 - This commitment is intended for lawyers only. Such exceptions as may be set Jorth herei77 may affect marketability of title. Your lawyer should be consulted before taking any action based upon the contents of this commitment. The Company's representative at the closing hereunder may not act as legal advisor to any of the parties or draw legal instruments for them. Such representative is permitted to be of assistance only to an attorney. It is advisable to have your attorney present at the clo;ing. Copyright,1966,American land Title Association co pyright 1966 American Land Title Association F. 10441 Frank A. Kujawski, Jr. , Pres. 1�a ®� HENRY P. SMITH, �� ; JOHN M. BREDEMEYER III r3y` ts.. TELEPHONE (516) 765-1892 John B.ednoski,. Jr. ALBERT KRUPSKI, JR. , Vice-President '' ` ®� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road _ P.O. Box 728 - Southold, New York 11971 -April 25, 1988 Mr. Roy L. Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, New York 11968 Re: Application No. 611 Dear Mr. Haje: The following action was taken by the Board of Town Trustees during their regular meeting held on April 21, 1988 regarding the above matter. WHEREAS, En-Consultants, Inc. on behalf of Edward Deutsch applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 19�, 1988, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on April 21, 1988 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that En-Consultants, Inc. on behalf of Edward Deutsch BE AND HEREBY IS. GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: To construct a 3' x 100' catwalk, 3' x 14' ramp and (2) 5' x 16' .floats to be tied together end to end and to be secured by three pilings. Property is located on Cedar Beach Road, Southold. This permit will expire two years from the date it is signed if work has not commenced by said date. There are two inspections required and the Board of Trustees En-Consultants, Inc. for Edward Deutsch Page 2. l Trustees are to .be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise -_ in the performance of the operations pursuant to such permit in such - - amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be c�sidered a determination made for any other department or agency which may. also have an application pending for the same or similar project. PLEASE NOTE THAT THE TRUSTEE PERMIT IS MORE RESTRICTIVE THAN THE DEC APPROVAL. KINDLY RETURN TO THE BUILDING DEPT. FOR A DETERMINATION ON THE NEED OF ANY OTHER PERMITS THAT MAY BE REQUIRED FOR THIS PROJECT. The following fees are now due: 3' x 14' ramp @ 1.00 sq. ft. $ 42.00 (2) 5' x 16' floats 64.00 3 pilings @ 25.00 ea. 75.00 $25.00 Trustee Application fee 25.00 $10.00 Wetland Inspection fee 10.00 Total Amount Due: $216.00 due Very truly yours, Frank A.+K *awski, Jr. President Board of Town Trustees FAK:ip cc: Commissioner Thomas C. Jorling, D.E.C. , Albany Robert A. Greene, D.E.C. , Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C.A.C. Victor Lessard, Admin. , Building Dept. Planning Board Board of Appeals Town Clerk file HENRY P. SMITH, JOHN M. BREDEMEYER, III, President Ct'z�` ,�}�a? TELEPHONE John ;Bednoski, Jr. l ?urn' ^� (516) 765-1892 ALBERT.KRUPSKI, JR., Vice-President ,x'� • •�� ,��� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: March 25', 1988 APPLICATION NO. : 611 NAME: En-Consultants, Inc. on behalf of Edward Deutsch This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review .and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: Unlisted DESCRIPTION OF ACTION: To construct a 4' x 100' fixed elevated (4' above grade of marsh) walkway; 4' x 14' hinged ramp; (2) 6' x 16' floats secured by (3) 8" diameter pilings. LOCATION: Cedar Beach Road, Southold; '1000-89-2-1 REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. Page 2. Environmental Assessment For further information please contact: President John M. Bredemeyer Board of Town Trustees Town Hall Main Road Southold, New York 11971 (516) 765-1892 cc: Bldg. Dept. D.E.C. , Stony Brook Town Clerk's Bulletin Board file air 1 TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 = Southold, New York 11971 APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK FOR THE ISSUANCE OF A PERMIT PURSUANT TO THE LAWS, ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS, FLOOD PLAINS AND DRAINAGE AREAS OF THE TOWN OF SOUTHOLD, AND THE ISSUANCE OF PERMITS PURSUANT TO CH4\PTER 32 OF THE CODES OF THE TOWN OF SOUTHOLD. APPLICATION NO.—_ _-DATE OF APPLICATION---1/19/88___---_--_ IDENTITY OF APPLICANT_Edward_Deutsch Lpy_En=Consultantsi_InC__PHONE NO__ ( 516 ) 560-7310 w ADDRESS OF APPLICANT-_87_Bellows Lane Manhasset, New York 10030 --------------------------------------------------------------------=- TAX MAP No. 1000-89-2-1 AGENT En-Consultants, -Inc. Rod L_ Ha1e� President______ _-PHONE NO ._ 1329 North Sea Road, Southampton, New York 11968 ( 516 ) 283-6360 PERMIT REQUESTED To Construct a_4 ' x 100_ixed_elevs3ted_l4_� grade of marsh) walkway; 4 ' x 14 ' hinged ramp; ( 2 ) 6 ' x 16 ' floats secured by_( 3 ) 8" diameter ailinEs ________ _—________—________ LOCATION OF PROPERTY FOR WHICH PERMIT WANTED_ Cp_dar BPaCJ2_ Road'_ Southold, New York 11971 HOME ADDRESS OF PERMIT APPLICANT IF DIFFERENT FROM AFORESAID LOCATION- -------- -------------------------------------=---7------ -- CREEK, BAY OR HARBOR FRONTING PROPERTY- Dryads Baal_l ___________________ SIZE OF PROPOSED WORK See above LENGTH See above '- WIDTH See above HEIGHT ABOVE HIGH WATER NIA - ------------------------------------------- DEPTH BELOW LOW WATER NIA _ YARDS TO BE EXCAVATED--_M—NIA YARDS TO BE FILLED ------------- NIA WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY 500± and variable. DEPTH AT LOW- TIDE 2± 1 AVERAGE RISE 1N TIDE 21 - 6" DISTANCE TO THE NEAREST CHANNEL - FT. DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN THE AREA - FT 15 THIS FOR PRIVATE OR BUSINESS USE? •Private AREA ZONING Residential MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED N/A INTENDED USE OF PROPERTY--- Access to water. DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED ON THE PREMISE None known. ----------------------------------------------------------------------- AND WHETHER ANY PRIOR LICENSE OR PERMITS HAVE BEEN ISSUED TO ERRECT STRUCTURES OR TO DREDGE OR DEPOSIT FILL ON SAID PREMISES AND WHETHER ANY PERMITS OR LICENSES WERE EVER SUSPENDED OR REVOKED BY A GOVERNMENTAL AGENCY NO. DESCRIBE FULLY THE REHABILITATION AND PROPOSED CONDITION OF THE PREMISES AFTER THE WORK IS COMPLETED INCLUDE AN ADDITIONAL SURVEY OF , THE PROJECT SITE IF NECESSARY -----------None needed. ---------------------- --------------------------------------------------------------- - -------------- WRITTEN CONSENT OF THE OWNER OF THE PROPERTY, IF NOT THE SAME AS. THE APPLICANT._--Sew attached. ----------------------------------------------- ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED THAT WOULD PROHIBIT THIS PROJECT? None Known. BOARD OF TOWN TRUSTEES- TOWN .OF. SOUTHOLD SHORT ENVIRONMENTAL ASSESSMENT FORM Project Informatlon(To be completed by Applicant'or Project sponsor) 1. Applicant/sponsor 2. Project Name Edward Deutsch by En-Consultants, I c. 3. Project location: Municipality Cedar Beach Road, Southold County Suffolk 4. Is proposed action: ®. New ❑ Expansion ❑ Modification/alteration S. Describe project briefly. Construct a 4 ' x 100 ' fixed elevated (4 ' above grade of marsh) walkway; 4 ' x 14' hinged ramp; (2 ) 61. x 16 ' floats secured by ( 3 ) 8".`diameter pilings. 6. Precise location(road intersections,prominent landmarks,etc.or provide map) Cedar- Beach Road, Southold, New York 11971 7. Amount of land affected: Initially 2 - 9 acres Ultimately _2 9 acres 8. Will proposed action comply with existing zoning or other existing land use restrictions? IR Yes ❑ No If No,describe briefly 9. What is present,land use in vicinity of project? l_M Residential ❑ Industrial ❑ Commercial ❑ Agriculture ❑ Parkland/open space ❑ Other Describe: Low density 10. Does action involve a permitapproval.or funding,now or ultimately,from any other governmental agency(Federal,state or local)? ® Yes ❑ No If yes,list agency(s)and permit/approvals NYSDEC DOS COP 11. Does any aspect of the action have a currently valid permit or approval? ❑ Yes ®.No If yes,list agency name and permit/approval type 12. As result of proposed action will existing permit/approval require modification? ❑ Yes ® No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantlsponsor name: Ed Det/sXby En=Consultants Inc. Date: 1/19/88 Signature: Pre ide t PART II Environmental Assessment(To be completed by Agency) A. Does action exceed any Type I threshold in 6 NYCRR,Part 617.12? If yes,coordinate the review process and use the fULL?LONG FORM EAF. ❑ Yes ❑ No B. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR,Part 617.7? If No,a negative declaration may be superseded by.auat involved action. ❑ Yes ❑ No C. Could action result in ANY adverse effects on,to,or arising from the following:(Answers may be handwritten, if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic patterns,solid waste production or disposal,potential forte,drainage or flooding problems?Explain briefly: C2. Historic,archeological,visual or aesthetic,or other natural or cultural resources;agricultural districts;or community or neighborhood character?Explains: C3. Vegetation or fauna,movement of fish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources? Explain briefly. '% 71� A:. C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly. ,; !«1 i C6. Secondary,cumulative,or other effects not identified in C7{6?Explain briefly. e . p_ C7. A change in use of either quantity or type of energy? Explain briefly. s! PART III Determination of Significance(To be completed by Agency) fs: INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or othenaa: ?'.significant. Each effect should be assessed in' connection with its (a)setting(i.e. urban or rural);(b) probability of occum-n (c)duration;(d)irreversibility;(e)geographic scope;and(f)magnitude. If necessary, add attachments or reference suppw.fiir:` materials. Ensure that explanations contain sufficient detail to show-that all relevant adverse impacts have been ide�ef+i+e and adequately addressed. t.! ❑ Check this box if you have identified one or more potentially large or significant adverse impacts Which MAY occur.proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. ❑ 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 AND provide here, ai attachments as necessary, the reasons supportng this determination: C, F'• r; a• ARencv Name - Agency Preparefs Name v; Prroarert S,gnature-ritle Date Letter of Authorization v This letter will authorize Mr. Roy L. Haje to act as my agent in connection with filing such permits as may be necessary to secure approvals from any and all government agencies to construct a dock on my property on 'Cedar Beach Road in Southold, New York.. w rd R. Deutsch 12/8/87 r" B A YV I E jW fE,F-T �o��s o SuFFa`K -3� c6 HA66 Qo1-r '-,AP so /00 a� 4 �E D A ` BEACHovNY EA Puv tle oV � � I� �� edar Beach n f id L&1YAD'S 4A S/n/ d Point Ci I L i4- I "X/(o FLOI1 TS ry 1 �b 1 tV 0 �h 1 , o V • co ,\ � a o �o o� 1 \L� Q ph DATUM: ML4J Pvr4 p&.$A- PR I uATc //�� Q- i( PRO Ao Sc 0 G✓,4 LK W A Y 80 A T Dc-G�C � JP AOJC.6^/T C�G✓/YERS: a} /� DOCK Far —DWARD DEvTSC H a L 02. R�or AKs� �^/ � o., Or-�r�os i6�s•-v at' Soo-rHoc. O, -�� S lJ F F O I-< Owner of Both Adjacent Lots Raymond Akscin Main Bay View Road Southold, New York 11971 COUNTY OF SUFFOLK ) STATE OF NEW YORK ) SS: Roy L. Haje, En-Consultants, Inc. for BEING DULY SWORN DEPOSES E ward Deutsch, 87 Bellows Lane, Manhasset, New York 11030 AND SAYS THAT HE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS , AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF , THAT THE WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT, IF GRANTED. In completing this application I here y author ' ze the Trustees agent or representative to -enter ont p p ty to inspect tAe premises in conjunction with review t lication. r SIGNA U E OF AP�IJICANT Roy L. Haje, Pr sident SWORN TO BEFORE ME THIS Nineteenth DAY OF January _. , 19 88 KAY M ni (IGNFRTY NOTARY BL 1 NOTARY PUBLIC,State of New York No.011304901601,Suffolk County l Term Expires July 20, 1 EXAMINED APPROVED "WETLANDS" PERMIT (CHAPTER 97) APPROVED "BOAT, DOCKS , WHARVES" PERMIT CHAPTER 32) DISAPPROVED " WETLANDS PERMIT"CHAPTER 97) DISAPPROVED " BOATS , DOCKS , WHARVES" PERMIT CHAPTER 37) CONDITIONS , IF ANY EXAMINING BODY SIGNATURE OF CHAIRMAN COMPUTATION OF FEES Annroved ?/97/R9 _ n wuie9_ 4 �� 111 ou 111 � 1'1 BEACH GEDAR 1.1 O 2.ppicl TOWN OF SO-OLD —-- — o.yoe's ••, Baain z 3 TPId " .. I•' � /' luxttn.e.En. i•vo I � 1.2A _•_._ _ ' Ial O � NI 1.6A(d 1 a,• as m 5.1 T ORCHARD a LA. �1.9 act 1 ___ 5 0 .x (50') .`1 \ ..• � I� j ' SOUTH BA YVIEW S.aAfa1 O 1 Iw R D. (66') ) 1 M. / � 1 II 9 n., \\ I.i Plcl •I I I �I KEY AAV © TOYN OF SOU THOLD secnoN Na. COUNT Y OF SUFFOLK �•• � Property Tax Service Agency Real r R —VILLAGE OF -- 08 `••"•"" _..i.. 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'?• ' .r ,.•, � :`�ii r'1t::'.,,�.`�'�•1•�';.�� i°jl'ti'!:y rrr.y: 'y,..rt:�kJ1%�..,�i• i*�fY •►n: .,�}, �}� •�/ •r :, •'• y'•� '�I•' :1�• air •}� .'•:,[ ,� �t.l !, Yam. �-�tt•• ♦ •�'Y,' �..', s. •L ,^'•• r/'"','•• •� /'. r :r I'/.�'IT'.-rs{'s�!,• �r �': +�,' �i.L''"1'�:ri "'1: .• '�l�'. t:Y t }L' `i: IT? /� r��, ��' .i' ,' '�,�:jf<I.:'{�,`.1.1�.'�.. .. r'.,�:i•�}1`� !Ts,`i!1.�•�s '� ;,.f'i' .R., ii��tr•'f. rjp r.r• i.; V1 Y\::. ,; ;' i• '+' ti' .,•,.,''r.ty� t r 11 yi`,!' N ri r. A.P�24Y�t7• Y SP�_a"jtP1r r �nlN� t I ��, i'LIaNN!>at4 A.{Z•D;�DATE1 -: " 'i;•',;�; y'' r �� •�� _v vi 1 It.J 1 i. . � ` �• .`',.S '�'' �,a�.., . ''!' I � 1 ..51• •;li-j,�1,�.1'tyr�.r' .;•• :tiY i,'j''),.•,j��• •.thu '"' t'', .r. I •' .•, % ;Sd��T<.\tt,'t.a' ,�r`^• r:r•�'•:•C:.r`�.FFi'': iyi 6UFFOLJC COUt(TY DEPARTMENT,OF HEALTH SERVICES. .::E. `-: �' ruy' ct �,,, =.yi+: � •s'.�L';�r'k .�-�f�'''i' '";'-�:ti.+�, "a It .��r1"'1':".... �.�, ..... ... ,s i.'•' ./�1 .f•3,•'�' ` {,,t, .� ,�..,: �� ;•!'.r,('1��I'swd•.•+�• 7r1 Based upon the Informatlon aubmltted for lhls project,flllnp~ ?a �; " •'�Y�;:=*' of a realty subdlYlslon or development map wlth thla :"' :°c�:•' ,;I Y' �+ ,:•, yi y ^ i departmen is not requlrod under the terms of Articlo 8 of ;; kit �;�,",�;,,,,;,,,b; •' I 1hA R�lrinllr (nirnfv R�nlfonr (nrin rin�n ell .• rr• G GOG i .f Cc 62 3i 4 S A C. ACV^ h 00,wa y;` tO�ODO S.F. fr r P N YlrL. 1, � •fj `' -;./`' i _ i Ja / • / 1 �• A itL"A &z&we S'[ota70W2r�` 4.1 iz J t V • t- r 3 ' • .' - � ',:..: r:',+ -�fi L _"� wp. _ _ TI•' y,.• - t.q S ro l/ J�`i.':'t .-:'J. .7 _ f. 7 PIS: '• i' _ . _ T f� z 'f.♦ y�\ _ '- � �� .- �' y�{/TJ�� 2��� � - 4� .. t...1t_. S: .:L ''>"" ,z�� ,.�',"-�'��'7 x�4i:A�.R 0.7 _ V '��- �'/r r •�� _ -.I; a ��" . . �✓'"'•"., �' 'r u. .�i3� ".d-+-`i'-s ,�' T"�� �t� ix� 4�i. 1+" �iz�•�' ?•. .� JY. `� L3•': 'r. r ' a 2Y 4+: 3 rT �r�Gr�f �i yE L .�• f _ 4 �Y s a r .. .� .•ter �� �. '- .�` l'i r OR`t`.-AU•'S �. • c�i�,j I � g,= ;- - - •��p P�4�� i�.. .8�t1�•,i�t 4't,.1k .'r�►tiK� t '�.,�v�t�sue'..' .� y Aft •� 3 - - �• i J�". ..... .. ,.. `��-I . a L .. {u -�.3tt."s_.s -... -� ..,.e,.-r>.._-.-.+r....�,+.a.��*. - ..f...�»,... - -.w_m'.o- >;..y�'r. _+y-•• - ..., _..�.;r=....tO:i •• •-,>+.cf- _ .1 . .... -. :..y.. CE . -c. z r '-�`:'"�,,f."i'`'. .. ti'.. 4 t<�-:^"v-:•--.f4 sa.:7L..n>:^,;s.vx .,4FF HEALTH SERVI L•'r ��' . m. Based upon the Information submitted for this project,film pu f a real subdivision or development ma with this o realty p p department is not required under the.terms of Article B of ;F tJ. R the Suffolk 'County 4 Sanitary Code since all ,parcels arejZ '°^"i°V"'^�°^w 'o^ _pACE W- - .:si,.+_�.,•'.-� _ - 3 � - -. ''� •s tAff l*.w.:,>y_o.krJr.o..d - -- - .�•_. .-,.