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TR-9378
TERMS AND CONDITIONS The Permittee Ernest Scalamandre residing at 4170 Indian Neck Lane, Peconic,New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 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 operation 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 months, and must be renewed no later than December 31St of each year, in order to avoid cancellation. 3. 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 authorization 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 project herein stated without expenses to the Town of Southold. 8. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit,which may be subject to revoke upon failure to obtain same. 9. That this permit is non-transferable. That the Permittee is the only authorized user of the duck blind located in Little Creek. Any transfer or other use of this mooring/stake will result in immediate revocation of this permit. Michael J. Domino, rresident �o��g�FFO(�cGGy Town Hall Annex John M. Bredemeyer, III, Vice-President 54375 Route 25 Glenn Goldsmith y P.O.'Box 1179 A Nicholas Krupski 11r,y • !� Southold, NY 11971 Greg Williams dol ,� dao Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD WATERFOWL BLIND REGULATIONS Waterfowl Blinds on or over Town underwater lands must have a Mooring Permit from the Board of Trustees pursuant to Chapter 96 of the Town Code. 1. Said permit shall be in force from August 25th through March 31St. 2. Permitted functional blinds shall be in place by November 1St each year or the permit may be rescinded. Blinds must be removed no later than March 31St 3. A copy of said permit must be posted inside the blind.. 4. No more than one blind permit will be issued per person. 5. A blind maybe no closer than 500 feet from another blind and provide at least a 500 foot unobstructed safety zone for firearm discharge in front of the blind, including navigation channels. 6. It is a violation of the Southold Town Code to store a blind, boat or floating dock on wetlands as defined in Chapter 275 of the Town Code. 7. Town may remove or cause to be removed any blind that is in violation of the Town Code with the cost associated with removal and storage borne by the owner/permittee: ' J 8. Waterfowl blind permits may be revoked at the discretion of the Board of Trustees upon resolution at a noticed public meeting. 9. The Board of Trustees reserves the right to regulate the placement of waterfowl blinds, and days and hours of operation to minimize user conflict and promote safety. 10.The Grandfathering of existing blind positions and existing permit holders only. 11.That there can be no blind use within 500 feet of navigation channels, except during the regular waterfowl season. Adopted: 06/18/14 i Michael J. Domino, President S�FFOCKco, Town Hall Annex John M. Bredemeyer, III, Vice-President �� ti� 54375 Route 25 Glenn Goldsmith co = P.O. Box 1179 A Nicholas Krupski • Southold, NY 11971 Greg Williams y'h�l , , �ao� Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: ERNEST SCALAMANDRE Please be advised that your Duck Blind application dated November 29, 2018 has been reviewed by this Board at the regular meeting of January 16, 2019 and your application has been approved pending the completion of the following items checked off below. XX Annual fee for Duck Blind - $50.00 Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. Michael J. Domino, President Board of Trustees i Michael J. Domino,-Pi !nt ®�©SQFFQ(�'�G; ,Town Hall Annex John M.Bredemeyer III,Vice-President W_ 54375 Route 25 Glenn Goldsmith N P.O.Box 1179 A.Nicholas Krupski 0 Pry Southold,NY 11971 Greg Williamsp'r Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: Completed infield by: ERNEST SCALAMANDRE requests a Waterfowl/Duck Blind Permit to place a Waterfowl/Duck Blind on private property to be installed landward of wetlands area in Little Creek using private access. Located: 4170 Indian Neck Lane, Peconic. CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=q Setback Waiver Required 1. Residence: 100 feet - 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 Ch. 111 SEQRA Type: 1 II Unlisted Action Type of Application: . Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Survey <_ 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: I have read & acknowledged the foregoing Trustees comments: Agent/Owner: Present were: J. Bredemeyer M. Domino G. Goldsmith N. Krupski /. Williams Other ArcGIS Web Map yi 11t" ,� y y � ,� � ,J t,? �. •• 1� ■ »t. � ail ri/,.' / -- 'J " e - � �. � ' r4 '{ 'T�ly ,� •' {r• �,�. • , 1 111 , �� rR► y i r LL tM •. O.Osq mi _ r— 3,141.4{ . •,�".N � " �,'!y I r bra �- , , —41 do .�� ,R y ► r Agg 1 AAL , November 29, 2018 1.2,000 Parcel Data (7 O (A t4 tJ 11 0 0.03 0.05 0.1 mi 0 0.04 0.07 0.15 km Address Labels r� x;17 4; o o Michael J. Domino, President Town Hall Annex }�� ` '��_eq ya John M. Bredeme er, III, Vice-President "' , 54375 Route 25 Glenn Goldsmith �y - ��' P.O. Box 1179 A -Nicholas Krupski t ��l , �� Southold, NY 11971 Greg Williams Telephone (631) 765-1892 Fax (631) 765-6641 M&OA-60-IZ c � 8 '9# py'a BOARD OF TOWN TRUSTEES C-ALL RIP— ,ANY 40000-e" TOWN OF SOUTHOLD APPLICATION FOR A MOORING/STAKE &PULLEY IN TOWN CONTROLLED WATERS APPLICANT'S NAME: f-v,e_, ST _SC,A A M AW1Q1?—E LOCAL ADDRESS: 4170 1 d WAA/ fl EGL. L,6/ PHONE: I dL A MAILING ADDRESS: SAM s PHONE: DO YOU OWN_ < RENT LEASE A PROPERTY IN THE TOWN OF SOUTHOLD? (See Chapter 96-24 of the Town Code-Boats,Docks and Wharves for requirements) IS THERE CURRENTLY A DOCK ON YOUR PROPERTY?: DEPTH OF WATER AT END OF YOUR DOCK: NAME OF CREEK FOR MOORING/STAKE: U F f e F LITTLE e.2E EK — l/J sT gXt LA-t&W fFRt d F WtiTLRJJLI.S MAKE/MODEL OF BOAT TO BE MOORED/STAKED: REGISTRATION#: LENGTH(up to 35 ft.): COLOR OF BOAT: BOAT NAME: POWERED BY(Inboard,Outboard, Sail): METHOD OF MOORING (mark with an"X"in appropriate space) ' ru ( ) OFFSHORE MOORING—MUSHROOM ANCHOR ONLY- WEIGHT: NOV 2018 - ( ) ONSHORE STAKE WITH OFFSHORE PULLEY SYSTEM ( ) TIE UP BETWEEN PILINGS(Number of Piles) ( OTHER METHOD (Describe): I Ehso A!ALS ts C, C_cx 1I- `t r1 c4 [A) u-P L.NP IN h7_Eh ACCESS TO BE USED FOR PROPOSED MOORING/STAKE: PUBLIC: PRIVATE:-- OWNER OF PRIVATE ACCESS: 1tJN1AAl ►)ELK I Fl L,C. 1 �kR-nl 6p "EST S CALkMkP19—G If private access other than on your property, a letter of consent from property owner and location of access will be necessary. If applying for a new mooring/stake: Secure correct area map from clerk of this Board,or make a copy of a survey of your property if applying for a private stake, and indicate with a large colored dot as close as possible to,proposed location of mooring/stake. On reverse side of map,provide a scale drawing showing Ordinary High Water Mark, stakes,pilings or other anchoring devices to be used,and all distances used between moorings/stakes. At mooring/stake location: Approximate distance to channel: Number of boats moored within 100 feet of proposed mooring/stake location: In making this application,I declare that the placement of this mooring will not be an imp diment to the normal needs of others. / 1 p i nt ignature • Permit,when issued is valid for one year ending December 31"of each year,at which time annual renewal is necessary. • Boat must be registered under applicant's name. • Permit fees are based upon length of boat. • No mooring permit will be issued for boats over 35 feet in length. • No stake and pulley system will be issued for boats over 18 feet in length. • Sharing,renting,leasing are prohibited uses for Town issued moorings and the permit will be cancelled. -2 - SURVEY OF P/0 LOT 120 AMENDED MAP B v� NASSAU POINT SECT LU NP ROPERTIES , INC. N� MEAN HIGH WATER MARK FILE No. 789 FILED SEPTEMBER 26, 1924 SITUATE MEAN L WATER MARK NASSAU POINT \ ` ' TOWN OF SOUTHOLD Q oo \ - SUFFOLK COUNTY NEW YORK ZG WOOD BRIDGE r05' 9 GOND °N \ d j S.C. TAX No. 1000- 118-02-09 F L SCALE 1 "=30' . a.. 0 0 // DECEMBER 3, 2015 a U �o / x� O rj MARCH 5, 2016 ADDED DOCK AREA R 1,0 121 X-M I-0 / o APRIL 15, 2018 REVISE PROP. DOCK GOON 1,0T a,} \ NOVEMBER 27, 2018 VERIFY WATER DEPTH & REMOVE PROP. STAIRS FEBRUARY 11, 2019 REVISEE PROP. CATWALK I•' \ .aX \ ® TOTAL AREA = 44,635 sq. ft. (TO TIE LINE) 1.025 ac. If —, \�— / % -- - __�/ /poky /11 — 0019 A /Gpp1C• 4'S ASPHALT DRIVEWAY 'V41 V3 �p kptp �-I/ 1 / 1/x6.6-- dX ro �`� x � .I / G��/ i�,--- - � I \ \� ,��,� \ 5 FEB 1 t 2019 IZAR 1Z�\ \ ` ——— _UX 33 _ 3 11.5 16.5 O ��� — \�� - ---12 NOTES: 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM PROPOSED„L ' \RAW \ m /"/ //// / // ti — 145 — — ————1a EXISTING ELEVATIONS ARE SHOWN THUS:-U / / / �EG� 55 _ ——1s EXISTING CONTOUR LINES ARE SHOWN THUS: -— —— -5-— —— - PROPOSED 4'X 15,FIXED 4 S� pp0 �0 — WOOD DOCK WITH THRUFLOW \ y^, .... / ft�/ 9y AOQ `ti;1 !�, EL k �, — — 9 F.FL. – FIRST FLOOR GOMP051TE DEGKINS(DECK EL 6.0) ���- r\ / 1`.,1�;ym�� •rte S �p��Q� ti G pG�1' — X16 �� G.FL. – GARAGE FLOOR /// \`'y / F � �g� _ —-- — —— r `S TB. - TOP OF BULKHEAD ��pG,16C�p�G�' J' X ��V B.B. - BOTTOM OF BULKHEAD IOISj� B.W. - BOTTOM OF WALL .5 < God • \\ x 1B.7 21 X / /// / / /// /// / �12Q / _ `I 211 / 5 4'x 4'TOP RAIL 6y �2.2 FSP V� 22.9 _ Geo 1111/ / _X/ // / X�, \ ?3 ,OO Ia I� 6 Is 2 s/4'x 4'MID RAIL-,,,t2x12 etrl en, a PROPOSED 4'X I8'PI X-1.0 o� �//' // // / / / / / / / / 22 4 / o o`, �v xb nandran, a WooD DOCK WITH Low �� / x / 21.7 / O G x4 mld rail, - COMPOSITE DEGKINT(DECK EL.6A) /s.2// / / /// X�/ // o\ �N °o� FGA ' S P” G, / J 4' METAL HINTED RAMP X 7.3 7 , z'x e'oEg5' 10'00A TREATED 2t WOOD LOATINS DOCK N O (3 ,3 � – -- -- ----��AHW e c< ho� /////x) I ; Qy/ / RE / / / // / G - i ° >e 2 x8'aRDERS -- • 2'x!'LEDGER 10 11-1 ; b'Dlameter,5'os. F Y N E I GREEK B07TOM SaGGh TreatedPiles IEmbedded4' K f STORY bebw grade < + H"-12'Diameterz ME HOUSE CZA Treated od Piles N bWEmbedded III L4 X AU( �20.1 1 below water line w w J illIIIIx . III// N goo SECTION OF WALKWAY DOCK CROSS-SECTION YII\\\\ I \ \ 1 \ \ \ \ \ \ Fo •. I SCALE 1"=30' -1.o X \pa N I o �S \ \\ \\ \ �z2 \ 7 11IIIIIII I I \ �o 0 Xti.7 ILII\\k, 1 T \\\\\fie��►I, \. p °, a •6, O \FGo \ p o 0,0�, 7 PREPARED IN ACCORDANCE WITH THE MINIMUM O STANDARDS FOR TITLE SURVEYS AS ESTABLISHED \ \� ,s BY THE L.I.A.L.S. AND APPROVED AND ADOPTED \X� / \ \ \� A FOR SUCH USE BY THE NEW-YORK STATE LAND \\ \\ 9"0 G� TITLE ASSOCIATION,.--- 1 X-0.8 z . 0, 106 ami�G - N.Y.S. Lic. No. 50467 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF �Q SECTION 7209 LAW.OF THE NEW YORK STATE EDUCATION LANathan Taft Corwin iii COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR Land Surveyor EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. pp CERTIFICATIONS INDICATED HEREON SHALL RUN ppo ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys out s - Subdivisions - Site Plans - Construction La LENDING INSTITUTION LISTED HEREON, AND Y Y TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. PHONE (631)727-2090 Fax (631)727-1727 THE EXISTENCE OF RIGHTS OF WAY OFFICES LOCATED AT MAILING ADDRESS AND/OR EASEMENTS OF RECORD, IF 1586 Main Road P.O. Box 16 ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 35-253B2 On site at low tide Stake placed at landward portion of proposed with surveyor and float - depth was -3.5' (up to top of my Back to Station Listing Help gps equipment waders) Alex Jones 11/27/18 8:30 AM Property NOAAiNOSlCO-OPS 2130 Bayberry Rd Tide Predictions at 8512328,New Suffolk NY c From 201811112712:00 AM LSTILDT to 2018111;28 11:59 PM LST—DT §outhold, NY Subordinate St ion I Ref.Station(New London,Thames River 8461490)[Time offsets(high:147 min.low:131 min.) Height offsets(high:`1.0 ft.low:`1 ft.) 4.0 — 3 3 3 3.0 ----- ?Ss 2.S7 Q7 C_ 1.0 Cn 0. 9 0.0 =0. 12:00 AM 04:00 AM 08:00 AM 12:00 PM 04:00 PM — 08:00 PM 12:00 AM 04:00 AM 08:00 AM 12:00 PM 04:00 PM 08:00 PM 11127 11127 11127 11127 11127 11 f27 11128 11[28 11128 11128 11128 11128 Options for Units Shift Dat Tidal Information day of staking and GPS water levels by surveyor at low tide 11.27.18 ARIAL VIEW OF DUG LAGOON AND PROPOSED DOCK Approx Location of Existing Dock - Darker Area ; Channel Low Point r o DUG CREEK -* Y s2 1 g ` a / PROPOSED DOCK 4 40, 12, ` L i -4.5 �� J • -10 SEN - .0• ` .��AT•-ZO fat-F.' •�� `l + -2.3 0 / -3.7 Legend P+ Soundings drone photo.JPG RGB Red: Band-1 M' ® Green: Band-2 - Blue: Band-3 Q DOCK i LOT LINE a jy Alexandra Jones Prepared by Dennis Cole NAN-2016-00441-EYA 1230 Bayberry Road December 2, 2018 - - - Cutcho ue, NY •�mn „on�� 9 631-369-9445 Plan based upon, revised survey, drone photographs (November 2018) and 2016 aerial photograph. Sounding from Nate Corwin Survey dated April 16, 2018 - water depths confirmed 11.27.18 a lexander Jones Residence roposed Dock Location DJACENT PROPERTY DOCKSI- Owl „3 Drone Photo of Dug Lagoon in relation to proposed dock location Prepared by Dennis Cole 12.2.18 1230 Bayberry Road hannell ppare Cutch ue, NY C Daker water color nd fallen leaves t low point. ♦. - -1• r t,:Its. n ++.- - ' f _J ' r'� T .`r _ ,,; �i+ s 0 17 Nate P Ir \• • stake Corwin -3.5'at low water surveyor Proposed 1*5 landward end IAP • - photograph sandythe beach. AlexandraLocation 1230 Bayberry Road, Cutchogue •nes Prope Prepared 1 Dennis • - 12.2.18 1 \ r' e PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 March 7, 2019 Southold Town Board of TrusteesE Main Road PO Box 1179 Southold, NY 11971 7UMAhn s 22019 RE: Alexandra Jones Southold Town SCTM: 1000-118-02-09 Bnard of Trustees Dear President Domino and Board: With reference to the above matter which was heard at last month's hearing, which hearing was left open and continued to your March calendar, please see attached marine survey prepared by a licensed and professional surveyor SeaLevel Mapping last dated February 15, 2019. We asked Robert Fox of SeaLevel Mapping to locate the applicant's proposed structures and boat on the survey. We hope that this survey makes clearer that the proposed dock must be denied. The proposed location of the boat is within 15' from the property line. The proposed dock violates 275-11 [51 which states that "All docks, including any vessel tied to the dock, shall have a minimum clearance of 15 feet of the seaward extension of any property line from adjacent parcels". The Lagoon is privately owned. The Trustees permit must not interfere with the property rights of the upland and underwater land owners. The proposed location of the dock places an obstruction (the vessel) directly over the Jones/Wolleben 15' setback line which is inconsistent with any interpretation of how a setback is used to protect property rights. The 15' setbacks for docks are designed to preserve the property rights of adjacent neighbors. In this case the Board knows that the underwater land of the Lagoon is private property. The Trustees note this in their shell fishing permit publication and the Town taxes the underwater land. There is civil litigation related to the precise ownership of the underwater lands, with the upland owners claiming a title chain showing that each of them own the underwater lands in front or their upland property, while Mr. Perry claims ownership of essentially all the underwater lands of the Lagoon. This would not be allowed in any other setting associated with property lines. Therefore, the Trustees cannot legally approve the proposed application which trespasses on private property. In addition, the existing conditions and depth of water in the Lagoon prevent new docks from being constructed. The location of this dock would violate the Trustee's well established environmental regulations and SEQRA regulations which is intended to address significant environmental impacts to the wetlands. The proposed float will sit on the wetlands. The depth under the float is from -2.5' (where the boat would tie up) to -.3'. You can see from the survey that the deepest part would be the edge along the 15' setback, with almost all of the float in very shallow water, (@ -.3'). This is inches of water not feet. This is consistent with the photo previously provided to the Trustees showing very little water in the float area at low tide. Clearance below the float will be very small (on the shore side perhaps none) and the float will be frequently sitting on the bottom of the Lagoon many days throughout the year when the low tide dips slightly below MLW. Based on the existing conditions, the proposed dock also violates Wetland Ordinance 275 [11] C (b) Dock locations and lengths. [I] No dock shall be erected or extended if, in the opinion of the Trustees, such structure would adversely affect navigation, fisheries, shell fisheries, scenic quality, habitats or wetland areas. 121 Within creeks and other narrow waterways, no dock length shall exceed 1/3 the total width of the water body. Determination of the length of the dock must include the dimensions of the vessel. The professionally prepared survey is clear: 1) The proposed dock violates multiple provisions of the wetland ordinance; 2) there is insufficient water south of the 15' setback for the proposed dock; 3) moving the dock north would further violate the 15' setback; 4) moving the dock west would impede navigation by impinging into the channel; 5) the proposed float will be sitting on wetlands; and 6) placing the dock closer to the westerly shore will extend beyond the 1/3 width of the waterway. Therefore, we respectfully request that the Jones application be denied. EC,' C AVE So�tholJ Torvn Board of Trustees We reserve our rights to provide further evidence that the proposed dock and float should not be permitted in the Lagoon. We would like the opportunity to respond to applicant's further submissions, and since the public hearing remains open, that any communications with the applicant or their agent be on the record so that we are privy to conversations regarding this application. Thank you. Very truly yours, atricia C. Moore c: John Wolleben VEC� L� �IVEAA - 8 2019 Southold Town uoard of Trust°es Hydrographic Map " E Surveyed:Jan. 17, 2019 w - Amended: Feb 15, 2019 Town: Southold '\ Suffolk County, NY Datum: N1LLW 30 \ b s ' 00 \ III I v' do cs1V 4 ! e3 .O %\ y� Cr NSF f` - ,,- s co CID cz ' -cp dl co CD N3 rD M ROBERT H. FOX NYS PLS#50197 P. 0. Box 366 ' Aquebogue, NY 11931 2/15/20111 1166,35AM CGV7ocunkmtn and ScUfngaVob Iox\DOOklop\'10h erg La Ch:Kg MUM 2{xo 9 g PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax-(631)765-4643 March 7, 2019 Southold Town Board of Trustees Main Road PO Box 1179 Southold, NY 11971 € 1 MAR ® 7 2019 I € � I RE: Alexandra Jones nn SCTM• 1000-118-02-09 Dear President Domino and Board: With reference to the above matter which was heard at last month's hearing, which hearing was left open and continued to your March calendar, please see attached marine survey prepared by a licensed and professional surveyor SeaLevel Mapping last dated February 15, 2019. We asked Robert Fox of SeaLevel Mapping to locate the applicant's proposed structures and boat on the survey: We hope that this survey snakes clearer that the proposed dock must be denied. The proposed location of the boat is within 15' from the property line. The proposed dock violates 275-11 [51 which states that "All docks, including any - vessel tied to the do_ck, shall have a minimum clearance of 15 feet of the sw 'd: r .R extension of any property line from adjacent parcels". The Lagoon is privately owned. The Trustees permit must not interfere with the property rights of the upland and underwater land owners. The proposed location of the dock places an obstruction (the vessel) directly over the JoneslWolleben 15' setback line which is inconsistent with any interpretation of how a setback is used to protect property rights. The 15' setbacks for docks are designed to preserve the property rights of adjacent neighbors. In this case the Board knows that the underwater land of the Lagoon is private property. The Trustees note this in their shell fishing permit publication and the Town taxes the underwater land. There is civil litigation related to the precise ownership of the underwater lands, with the upland owners cl4j:n t a title chain showing that each of them own the underwater lands in front or their upland property, while Mr. Perry claims ownership of essentially all the underwater lands of the Lagoon. This would not be allowed in any other setting associated with property lines. Therefore, the Trustees cannot legally approve the proposed application which trespasses on private property. In addition, the existing conditions and depth of water in the Lagoon prevent new dock: from being constructed. The location of this dock would violate the Trustee's well established environmental regulations and SEQRA regulations which is intended to address significant environmental impacts to the wetlands. The proposed float will sit on the wetlands. The depth under the float is from -2.5' (where the boat would tie up) to -.3'. You can see from the survey that the deepest part would be the edge along the 15' setback, with almost all of the float in very shallow water, (@ -.3'). This is inches of water not feet. This is cons Atnt with the photo previously provided to the Trustees showing very little water in tl e,float area at low tide. Clearance below the float will be very small (on the shore side perhaps none) and the float will be frequently sitting on the bottom of the Lagoon many days throughout the year when the low tide dips slightly below MLW. Based on the existing conditions, the proposed dock also violates Wetland Ordinance 275 [11] C (lb) LDock locations and lengths. [f l No dock shall be erected or extended if, in the opinion of the Trustees, such structure would adversely affect navigation, fisheries, shell fisheries, scenic quality, habitats or wetlandfW [2] Within creeks and other narrow waterways, no dock length shall exceed 1/3 the total width of the water body. Determination of the length of the dock must include the dimensions of the vessel. The professionally prepared survey is clear: 1) The proposed dock violates multiple provisions of the wetland ordinance; 2) there is insuffici;eat water south of the 15' setback for the proposed dock; 3) moving the dock north would further violate the 15' .�pjback; 4) moving the dock west would impede navigation by impinging into the channel; 5) the proposed float will be sitting on wetlands; and 6) placing the dock closer to the westerly shore will extend beyond the 1/3 width of the waterway. Therefore, we respectfully request that the Jones application be denied. P We reserve our rights to provide further evidence that the propose&dock and float should not be permitted in the Lagoon. We would like the oppo to respond to applicant's further submissions, and since the public hearing remains open, that any communications with the applicant or their agent be on the record so that we are privy to conversations regarding this application. Thank you. Very truly yours, r cia C. Moore c: John Wolleben Hydre = nlc Mian - mo6c(O Nb,15, 019 � To*v ,'s6ul•6ld,' ' fk '_*i,NY P4u µpa „ OP `tea �: '�� ,^ .,�res� '��� � $�_^ \• ` �,;` - .2 �, i� -fit$'." a ` �•�_'i°"� j " � '„ 4s '�,. cl iii, � ^«� S �•' ,� �4 ;•� '��!•i$t� `a. � ;.. s 1 � - 4 \ ;t-t��.�.� 3`_"«-�r�:,a� t '�7.`,'•:^'r� �'r�' y:�"S4 AA, I ` � �.6'•�' �'' ROBERT W O{Ey E NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Environmental Permits,Region 1 SUNY Ca Stony Brook,50 Circle Road,Stony Brook,NY 11790 P:(631)444-03651 F (631)444-0360 www dec.ny.gov LEAD AGENCY-COORDINATION RESPONSE January 31, 2019 _ E C E I V ED] Michael Domino Board of Trustees, Town of Southold P.O. Box 1179 SEB 5 2N Southold, NY 11971 Southold Town Board of Trustees Re: LEAD AGENCY COORDINATION REQUEST Alexandra Jones 1230 Bayberry Road Cutchogue, NY 11935 SCTM# 1000-118-2-9 Dear Mr. Domino: This letter is in response to your Lead Agency Coordination Request of January 23, 2019 for the above referenced project pursuant to the State Environmental Quality Review Act (SEQRA) of the, Environmental Conservation Law and its implementing regulations (6NYCRR Part 617). This Department has no objection to the Town of Southold Planning Board assuming lead agency status for this action. We issued Tidal Wetlands Permit#: 1-4738-04449/00001 on 5/2/16 (Expires: 5/2/21) authorizing the following activities at the referenced property, "Construct stairs and landings. Construct a 4' x 18' fixed dock with ramp and a 6' x 20' float." Please advise the applicant that they will need to modify their DEC permit to reflect their revised project. If you have any questions, please contact me at sherri.aicher@dec.. oq v.ny_ or 631-444- 0403. Sinc rely, Sherri Aicher Environmental Analyst _ NEWYORK Department of STATE Of orvoarur+„r Environmental Conservation Michael J. Domino,Pr(' ;It .019, O ,K Town Hall Annex John M. Bredemeyer III,Vice-President �y� `� 54375 Route 25 Glenn Goldsmith C P.O.Box 1179 A.Nicholas Krupski Southold,NY 11971 Greg Williams 4 p� Telephone(631)765-1892 X01 �a Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time:Z)A /l9 Completed infield by: f�f ��v�►S� Cole Environmental on behalf of ALEXANDRA JONES requests a Wetland Permit to construct a brick walk at grade; construct a proposed 4'x18' fixed wood dock with thru-flow decking and a deck elevation of 6.0; a proposed 3.5'x14' metal hinged ramp; and a proposed 8'x10' wood floating dock. Located: 1230 Bayberry Road, Cutchogue. SCTM# 1'000-118-2-9 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=4 Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 ✓ Ch. 111 SEQRA Type: I II Unlisted Action Type of Application: Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency _ Violation Non-Jurisdiction Survey _< 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/a,pplication completeness/comments/standards: I)x k w, Geyrf.( I - ri?C'- 6A ot ;fop dwL�'/0' Of l� ��+, ,!U,. SQ, a✓e a(b0 Q(,v Tf' W Ar &VA I.have read & acknowledged the foregoing Trustees comments: Agent/Owner: / Present were: V J. Bredemeyer t/ M. Domino ✓ G. Goldsmith V N. Krupski V G. Williams Other andraJonesy .R, i I#' f 1230 Bayberry Road,Cutchogue r 2/4/19 Ipp- �• `� ► met #r t % % + 7► f ' .'a3� '" " - *' +►' err' '' ° r_ 2 / 4 / 2019 15 .• 09 pw v PATRICIA C. MOORS Attorney at Law 51020 Main Road Southold,New Yoik 11971 ( JAN 2 5 2019 Tel: (631)765-4330 Fax: (631)765-4643 January 24, 2019 Southold Town Board of Trustees Main Road PO Box 1179 Southold, NY 11971 RE: Alexandra Jones SUM: 1000-118-02-09 Dear President Domino and Board: The Board is reviewing the application of Alexandra Jones with regard to the environmental impacts of her proposed catwalk and float in the Lagoon. I represent the adjacent owner John Wolleben, 705 Bridge Lane, Cutchogue. My client has provided a photograph of the Lagoon which shows the extremely limited water depth for the proposed Jones float. The water depth shown on the applicant's plan is inaccurate, there is less water under the float then what is shown on the cross section and the float will sit on the bottom of the Lagoon. In addition, the catwalk is designed to be elevated several feet above grade, out of character from the low profile catwalks in the Lagoon. Finally, the location of the proposed dock will interfere with the navigation of the limited channel in the lagoon and my client's access to the Bay. We reserve our rights to provide further evidence that the proposed dock and float should not be permitted in the Lagoon. Very tr y y urs, Pa icia C. IV�oore PCM/bp Ar `... J, � M�•� 1 M l fir. � .ry ��:� • South tth C t W- 7-7 ct•.y • • • • • ~I"Iiw:7p'a yyy, �' �r}-.fM^i.t•'MCr SS�f�4"0* }�.. � , c:11r yet •�' � Y, `N - NK Michael J.Domino,President Qf S0 Town Hall Annex John M.Bredemeyer III,Vice-President ,`O� Ol0 54375 Route 25 P.O.Box 1179 Glenn Goldsmith Southold,New York 11971 A.Nicholas Krupski G Telephone(631) 765-1892 Greg Williams 'Q Fax(631) 765-6641 coUNT1 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 23, 2019 Roger Evans N.Y.S. Department of Environmental Conservation 50 Circle Road SUNY @ Stony Brook Stony Brook, NY 11790-3409 RE: LEAD AGENCY COORDINATION REQUEST The purpose of this request is to determine under Article 8 (State Environmental Quality Review— SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: • Your Agency's interest in acting as lead agency; • Your Agency's jurisdiction in the action described below; and • Issues of concern which your agency believes should be evaluated. Enclosed is a copy of the permit application and a completed Part 1 of the Environmental Assessment Form to assist you in responding. Project Name: ALEXANDRA JONES Project Location: 1230 BAYBERRY ROAD, CUTCHOGUE SCTM#: 1000-118-2-9 Type of Permit Application: WETLAND PERMIT SEQRA Classification: [ ] Type 1 [X] Unlisted Trustee Contact Person: Michael J. Domino, President Trustees Position: [X] The Southold Trustees wish to assume lead agency status for this action [X] The Southold Trustees have no objecti n to your agency or another agency assuming lead agency status for this actio , but reserves the right to comment on this action if a positive determination of significance is made. [X] The proposed action has been identifieby the Southold Trustees as occurring wholly or partially within or substantially coitiguous to a critical environmental area (CEA) that was designated by Suffolk Coui ity, New York. It is the position of the Southold Trustees that your agency, if it has a jurisdiction over the action, should assume the lead agency role based on the existence of the CEA and the fact that the anticipated impacts are primarily of non-loc al significance. [ ] The Southold Trustees have no objection to your agency or another agency assuming lead agency status for this action, but we have the following concerns regarding this project (see "comments" bel)w). [ ] Other. (See Comments below) Comments (optional): Response: Please respond to this request within 30 dys of the date of this letter. If no response is received within 30 days, we will assume that you have no comments to offer regarding the proposed action at this time. If neither your agency nor any other involved agency has indicated a willingness to serve as lead agency within 30 days of this letter: [X] We will to designate the Southold Trusl ees a lead agency for this action. [ ] We will petition your agency to designate your agency as lead, presuming you have jurisdiction. Please feel free to contact this office for fu ther information or discussion. Very Truly Yours, O �J By: Michael J. Domino Title: President Board of Trustees of the Town of Southold JK^�I John J. Sampler! 1380 Bayberry Road Cutchogue, New York 11935 JAN 10 2019 January 9, 2019 Boald Gi Tr!C� Ref: -Ms. Jones 1230 Bayberry Rd Applying for Floating Dock Permit To the Southold Board of Trustees My wife and I have lived on Nassau Pt for 23 years. Our home is located at 1380 Bayberry Rd,which is boarded by the body of water,called The Lagoon. We own 125' on the Lagoon,which flows into Wunneweta Pond. Our neighbor, located to the right of our property (1230 Bayberry Rd ) has applied for a perrriit to build a floating dock. At that section of the waterway, the level of the water most times of the day is unnavigable to motorcraft, as well as being one of the narrowest sections of the Lagoon. There are many re�ldents who enjoy kayaking and at low tide having to go around the dock,with a potential boat sticking out,would be scraping the bottom. I believe that if a dock is placed on that stretch of water it would absolutely impede any navigation past the dock, hindering the right of all residents who live,on the Lagoon from boating into Wunneweta Pon , as well as any residents from Wunneweta traversing here to enjoy our beautiful Lag on. Sincerely, JInJ_ Sampler! so, , so - Cantrell, Elizabeth From: Jonathan Perry <jperry12li@optonline.net> Sent: Tuesday,January 8, 2019 8:23 AM To: Cantrell, Elizabeth Subject: Re: Please see attached Thank you very much for your help. Jonathan Perry On Jan 8, 2019, at 8:05 AM, Cantrell, Elizabeth<elizabethc@town.southold.ny.us> wrote: Mr. Perry, Your documents submitted via by hand delivery and email have been added to the file for the record and for the Board of Trustees review. Elizabeth Cantrell From:Jonathan Perry<jperry12li@optonline.net> Sent: Monday,January 7, 2019 11:50 AM To: Cantrell, Elizabeth <elizabethc@town.southold.nv.us> Subject: Please see attached C 1 r' January 10,2019 Southold Town Board of Trustees ® ��19 Southold Town Hall Annex JAN 54375 Main Road P.O.Box 1179 Southold NY 11971 j Dear Southold Town Board of Trustees, We are submitting for public record,this letter,which expresses our strong opposition to the Alexandra Jones Permit Application associated with lot 1000-118-2-9 at 1230 Bayberry Road in Cutchogue. The survey submitted by Mrs.Jones indicates that she wishes to build a dock,ramp and float that would extend 30-feet into the channel.The survey incorrectly indicates that the depth at low tide at the float is 3.5 feet.The survey also neglects to note that the shallowest portions of the channel are on the northwest side, opposite Mrs.Jones' proposed dock,which would make the channel impassable,except at high tide. We have measured the depth of the channel at low tide as two feet or less at the deepest point,which would be covered by Mrs.Jones' floating dock and boat.This calls into question the validity of the survey submitted to the Town Board—and we request that a formal hydrographic report be submitted with any survey applications for the Lagoon that impact use of the channel.Furthermore,there is no precedent for a dock in this location for at least the last 30 years.The previous owner kept a small boat on land tied to a post to ensure that the channel was not blocked. As a 27-year resident and owner of two properties on the Lagoon,our family routinely uses the channel,the back of the lagoon,and access to Wunneweta Lagoon for kayaking,stand-up paddle boarding,fishing and crabbing,which we would be unable to do should this dock be built.We are far from the only residents who use this waterway.Wunneweta Lagoon and the Lagoon are the only two creeks on the west side of Nassau Point,which makes them frequent hot spots for kayakers,paddleboarders and wildlife watchers. In addition to rendering the channel,the Bridge Lane bridge,and waterway between Wunneweta Lagoon and the Lagoon inaccessible,the dock would further restrict waterflow,which could have a devastating impact on the critical marine ecosystem the Lagoon supports. As you may know,the Lagoon is governed by an Association of neighbors who all have a vested interest in maintaining the Lagoon waterways and access to the bay.We all contribute annual dues for the maintenance and dredging of the Lagoon,to which Mrs.Jones has refused to contribute. Given that,we would be remiss if we didn't call into question Mrs.Jones' motivations for receiving this permit.A notorious house-flipper,Mrs.Jones is not planning on living in this residence or utilizing the dock, hence,her refusal to contribute to the Lagoon Association. She is instead is focused on ensuring that she can get the highest possible price for the property when she flips it.Surely,a so-called"deep-water dock"would help her in this mission. We respectfully ask that the Town Board reject this permit request,which would prevent homeowners and long-time users of the Lagoon from enjoying it going forward. Sincerely, The Flotteron Family 595 Clearwater Lane Cutchogue,'NY 11935 i I EC UVE DD Jonathan Perry JA — 7 2019 750 Aborn Lane Cutchogue, NY 11935 Southold Town -Board of Trustees Mr. Michael Domino January 7, 2019 President Southold Town Board of Trustees 53095 Route. 25 P.O. Box 1179 Southold, NY 11971 Via Electronic Mail and by Hand RE: Dock Application of Ms.Alexandra Jones Suffolk County Tax#: 1000-118-2-9 Dear Mr. Domino, I would ask you to read the following letter into the record at the public hearing to take place on January 16, 2019 regarding Ms.Jone's application to build a dock, and to make the supporting documents a permanent part of the above file. This letter is written in direct opposition to Ms.Jone's application to place a dock at her residence located on 1230 Bayberry Road, Cutchogue. It is exceptionally clear, after review of the attached supporting documents that the Trustees instructed Ms. Jones to gain my permission to place said dock into the lands underwater that I own. This is noted in the e-mails of January 11, 2016 and February 12, 2016 from Ms. Jones to me. I had originally agreed to deed Ms.Jones the land underwater at no cost; however when I learned that Ms.Jones had placed this property for sale, I retracted my offer. This is clearly stated in a letter from me to Ms.Jones dated March 9, 2016. In order to avoid any confusion, Ms.Jones DOES NOT have my permission to build her dock on my land underwater, as required and instructed by the Trustees. Sincere, incere yours, Jonathan Pe 36 Blacksmith Court Huntington Station, NY October 5, 2015 Dr. Jonathan Perry 435 East 57th Street New York, New York 10022 Apt 14B RE: Property Located 1230 Bayberry Road, Cutchogue Tax #118-2-9 Dear Dr. Perry: home.It was a real pleasure meeting you last weekend at your As per our discussion, I am requesting from you, permission to use the underwater area next to ky property, so as to make an application for a dock permit. I own the property at 1230 Bayberry Road, Cutchogue, NY 11935. If you have any questions of me, please do not hesitate to give me a call at 631-673-8720. Thanks again. Sincerely yours, Alexa dra nes Eu` E JAN - 72010 Southold Town Board of TRIStOOS From: Jonathan Perry jperryl2nyc@me corn Subject: Fwd Dock Date: October 22,2015 at 11 46 AM To: ebressler@wbgla:,vyeis com for your records Begin forwarded message, From:Jonathan Perry<jperryl2nycCme com> Subject:Dock Date:October 17,2015 at 331 55 PM EDT To:journey 40 @ hotm ail com Hi Ms.Jones, I received your letter this week As we had discussed,I would like you to put in writing the circumstances that brought you to contact me regarding your proposed dock I intend to deed you the land underwater in front of your property to construct the dock upon as we have done in the past In order to do this,you will need a survey of the proposed land where the dock will be located.I would also like to clarify that you will be willing to absorb all costs involved in your project This will include but may not be limited to the survey,filing fees,and attorney fees required to draft and file the deed.Finally,I would also ask you to sign an affidavit stating that you will not become a party to the current legal action that the Lagoon Association has brought against me. I attach the documents associated with the Corazzmi dock which may be of value to you as you initiate your project Please contact me if you require additional information Jonathan Perry [0i Corazzini permit to build dock.pdf Corazzmi Dock pdf D E C E V E Jul JA N - 7 2019 Southold Town B ar of Trus e 36 Blacksmith Court Huntington Stat,NY December 30, 2015 Dr. Jonathan Perry 435 East 57th Street Apt 14B New York, New York 10022 Dear Dr. Perry: First, I want to thank you for offering to give me the underwater rights for my waterfront property frontage. I first learned of you because, as a new property owner, I was approached by a member of the community (Joseph Floriton) and asked to sign on as a litigant against you and your wife. I was given all the informationgreviewed it, and made a decision not to become a part of this lawsuit. Needless to say, I was hasseled that my property value could be dropping if I did not join them. I will not be a part of any suit against you now or anytime in the future. Enclosed is the survey and location of the proposed dock that you requested. I realize there may be a cost to draw the deed up and I will pay its cost, but in the interest of saving some money, I can run to Riverhead to file-and record it. If there is anything else that you find necessary, please do not hesitate to contact me. Thanks again. Sincerely, Alex ndra Jon s Enclosures V�AN ® 7 20,9 Southold Tovdn ar o Tr stees "P, From: Jonathan Perry jperryl2nyc@me com Subject: Re:Just checking Date: January 11,2016 at 5:48 PM To: Alexandra Jones journey 40@hotmad.com I received your letter and survey and have forwarded it to my attorney.I am awaiting a response from him as to how to proceed.I was wondering who instructed you to contact me for permission to build the dock on the land underwater in front of your property?As soon as I hear from the attorney,either he or I will contact you. Jonathan Perry On Jan 11,2016,at 2:28 PM,alexandra Jones<iourney 40@hotmail corm wrote: Hi Dr. Perry: Just wanted to know that you received my letter o.k.? We are all staked out and ready to go Thanks,Alexandra JAN - 72019 UD Southold Tovin and of Trustees From: Jonathan Perry iperryl2nyc@me cam Subject: Re:WHO? Date; January 12,2016 at;10:06 AM To: alexandra jones jou'rney.40Qhotmail.com So the Trustees gave you my name as the owner and person to get permission from? Jonathan Perry Sent from my Phone On Jan 11,2016,at 7:48 PM,alexandra Jones<iourney 40Qhatmail cam>wrote: Hi Dr. Perry: Thanks for responding. Re: your ? It was little ole me. I first went to the trustees in Town Hall, they gave me the application for my dock, but told me that I would need to get a letter of permission from the owner of the underwater rights. I then asked who that person was, and looked you up and said to my friend, one Sunday, lets go find Dr. Perry's home. Then I knocked on your front door........that's it. Regards, Alexandra � CEV � JAN m 7 2019 Southold Town Board of Trustees 40 0 From: alexandre Jones journey,40@hotmail.com Subject: Date: January 12,2016 at 11,39 AM To: 1parryl2nyc@me-com THAT IS CORRECT. E E A N - 7 2019 Southold Town oar Of Trustees "0 Soo From: alexandra jones lourney.40@hotmail.com f Subject: 5 . Date: February 12,2016 at 10 15 AM To: 1peiryl2nyc@me.com Hi Dr. Perry: Left a message with you last evening. I am going to Fla. next Friday for 3 weeks, I plan on submitting my dock application next Tuesday to the trustees. I spoke to Mr. Bredemeyer, and all I need from you is an :E: mail saying that you give me permission to use the underwater rights you own in front of my property, so that I may apply for a dock. If you could send me that, we can deal with the deed part when I return. Thanks again for your help. Regards, Alexandra ECEo E JAN - 7 2019 Southold Town and of Trustee. Jonathan Perry 435 East-571"Street Apt. 14B New York,NY 10022 Ms.Alexander Jones March 9,2016 36 Blacksmith Court Huntington Station,NY 11746 ` Dear Ms.Jones, I made a most disturbing discovery this past weekend. I discovered that your house located at 1230 Bayberry Road-is for sale.When you initially came to my front door you asked permission to build a dock on my land underwater.You clearly stated that you wanted to have a place to keep your boat for the purposes of fishing in the bay.Under those circumstances I agreed that I would deed you the land under water in front of your upland property at no charge.Your only expense would be for all the administrative costs associated with obtaining the appropriate permits,and the fabrication and execution of the deed. With the potential sale of your property it is clear to me that your motivation centered about your potential financial gain.With the gift of my land,your property would clearly command a higher resale value.Under this new set of circumstances I can no longer give you the land underwater in front of your property.I would, however be willing to sell you this property.The cost of the land would be Twenty Thousand Dollars.If you are interested in purchasing the property please have your attorney contact Mr.Cardinale. Jonathan Perry fl V E C E � V E 0 ' � r• -,r-,, �'-�, r"- a 7 �-;- -- -; .iii JAN e72019 Jonathan Perry 750 Aborn Lane Cutchogue,NY 11935 -- ---- ' i Mr.Michael Domino January 7,2019 President Southold Town Board of Trustees 53095 Route.25 P.O.Box 1179 :a Southold,NY 11971 ^ Via Electronic Mail and by Hand RE: Dock Application of Ms.Alexandra Jones Suffolk County Tax#: 1000-118-2-9 i Dear Mr.Domino, ; I would ask you to read the following letter into the record at the public hearing to { take place on January 16,2019 regarding Ms.Jone's application to build a dock,and { to make the supporting documents a permanent part of the above file. This letter is written in direct opposition to Ms.Jone's application to place a dock at her residence located on 1230 Bayberry Road,Cutchogue.It is exceptionally clear, after review of the attached supporting documents that the Trustees instructed Ms. Jones to gain my permission to place said dock into the lands underwater that I own. This is noted in the e-mails of January 11,2016 and February 12,2016 from Ms. Jones to me. i I had originally agreed to deed Ms.Jones the land underwater at no cost;however ' . 1• when I learned that Ms.Jones had placed this property for sale,I retracted my offer. This is clearly stated in a letter from me to Ms.Jones dated March 9,2016. In order to avoid any confusion,Ms.Jones DOES NOT have my permission to build -_ her dock on my land underwater,as required and instructed by the Trustees. 1• ' Sincerelyyours, Jonathan Pe 7 •1 j ' t t • '7 1 36 Blacksmith Court 8untington Station, NY October 5, 2015 Dr. Jonathan Perry 435 Bast 57th Street New York, New York 10022 Apt 14B RE: Property Located 1230 Bayberry Road, Cutchogue Tax 0118-2-9 Dear Dr. Perry: home.It was a real pleasure meeting you last weekend at your As per our discussion, I am requesting from you, permission to use the underwater area next to ffty property, so as to make an application for a dock permit. I own the property at 1230 Balrberry Road, Cutchogue, NY 11935. If you have any questions of me, please do not hesitate to give me a call at 631-673-8720. Thanks again. Sincerely yours, Alexa dra nes IL i; JAN " 7 2019 I „•n From: Jonathan Perry jperryi2nyc@me.com Subject: Fwd.Dock Date: October 22,2015 at 11:46 AM To: ebressler@wbglawyers.com for your records Begin forwarded message. From:Jonathan Perry<joerrv12nyc2me com> Subject:Dock Date:October 17,2015 at 3:31:55 PM EDT To:journey.400a-hotmail.com H{Ms.Jones, I received your letter this week As we had discussed,I would like you to put in writing the circumstances that brought you to contact me regarding your proposed dock.I intend to deed you the land underwater in front of your property to construct the dock upon as we have done in the past.In order to do this,you will need a survey of the proposed land where the dock will be located.I would also like to clarify that you will be willing to absorb all costs involved in your project.This will include but may not be limited to the survey,filing fees,and attorney fees required to draft and file the deed.Finally,I would also ask you to sign an affidavit stating that you will not become a party to the current legal action that the Lagoon Association has brought against me. I attach the documents associated with the Corazzini dock which may be of value to you as you initiate your project.Please contact me if you require additional information. Jonathan Perry Corazzini permit to build dock.pdf Corazzini Dock.pdf 1 ii 1t 7` ^J �f ��' JAN - 7 2019 k } 36 Blacksmith Court Huntington Stat,NY December 30, 2015 Dr. Jonathan Perry 435 East 57th Street Apt 14B New York, New York 10022 Dear Dr. Perry: First, I want to thank you for offering to give me the underwater rights for my waterfront property frontage. I first learned of you because, as a new property owner, I was approached by a member of the community (Joseph Floriton) and asked to sign on as a litigant against you and your wife. I was given all the informationpreviewed it, and made a decision not to become a part of this lawsuit. Needless to say, I was hasseled that my property value could •be dropping if I did not join them. I will not be a part of any suit against you now or anytime in the future. Enclosed is the survey and location of the proposed dock that you requested. I realize there may be a cost to draw the deed up and I will pay its cost, but in the interest of saving some money, I can run to Riverhead to file-and record it. If there is anything else that you find necessary, please do not hesitate to contact me. Thanks again. Sincerely, . Alex ndra Jon s Enclosures 17 t FP i JAN ® 7 2019, --'' From: Jonathan Perry iperryl2nycOme.com Subject: Re:Just checking Date: January 11,2016 at 5:48 PM To: Alexandra Janes joumey.40Qhotmail.com I received your letter and survey and have forwarded It to my attorney.I am awaiting a response from him as to how to proceed.l was wondering who instructed you to contact me for permission to build the dock on the land underwater In front of your property?As soon as 1 hear from the atrmney,either he or I will contact you. Jonathan Perry On Jan 11.20116.at 2:28 PM,alexandra Jones 4oumev40@rhotmail corns wrote: Hi Dr.Perry: Just wanted to know that you received my letter o.k.7 We are all staked out and ready to go Thanks,Alexandra �. JAN ® 7 2019 1, i• From: Jonathan Perry iperry12nyc0me.com - Subject: Re:WHO? Date: January 12,2016 at 10:06 AM To: alexandra Jones joumey.400hotmail.com So the Trustees gave you my name as the owner and person to get pennon from? Jonathan Perry Sent from my Whone On Jan 11,2016,at 7:48 PM,alexandra Jones cioumev 40©ho1mai1.com>wrote: Hi Dr. Perry: t Thanks for responding. Re:your?it was little ole me. I first went to the trustees in Town Hall, they gave me the application for my dock, but told me that I would need to get a letter of permission, from the owner of the underwater rights. I then asked who that person was,and looked you up and said to my friend,one Sunday, lets go find Dr. Perry's home. Then I knocked on your front door........that's it. Regards, Alexandra JAN - 7 2019 �" Boa!d of 90 From: alenndra japes joumey.40@hotmaH.com subject: Date: January 12.2016 at 1129 AM To: jperryl2nyo@mecom THAT IS CORRECT. .J JAN ' 7 2019 i rd oar ;; gn�;� rf l:� From: alexandra jones journey 40Cchotmail corn Subject: Date: February 12,2016 at 10:15 AM „r To: jperry12nyc9rne.com Hi Dr. Perry: Left a message with you last evening. I am going to Fla. next Friday for 3 weeks, I plan on submitting my dock application next Tuesday to the trustees. I spoke to Mr. Bredemeyer, and all need from you is an :E: mail saying that you give me permission to use the underwater rights you own in front of my property, so that I may apply for a dock. If you could send me that, we can deal with the deed part when I return.Thanks again for your help. Regards, Alexandra c E daN - 7 2019 ,I , $01..1G:L-_iii/'!1 I ! L- P,oard of T, F Jonathan Perry 435 East 57th Street Apt. 14B New York,NY 10022 Ms.Alexander Jones March 9,2016 36 Blacksmith Court Huntington Station,NY 11746 Dear Ms.Jones, I made a most disturbing discovery this past weekend.I discovered that your house located at 1230 Bayberry Road is for sale.When you initially came to my front door you asked permission to build a dock on my land underwater.You clearly stated that you wanted to have a place.to keep your boat for the purposes of fishing in the bay.Under those circumstances I agreed that I would deed you the land under water in front of your upland property at no charge.Your only expense would be for all the administrative costs associated with obtaining the appropriate permits,and the fabrication and execution of the deed. With the potential sale of your property it is clear to me that your motivation centered aboutyour potential financial gain.With the gift of my land,your property would clearly command a higher resale value.Under this new set of circumstances I can no longer give you the land underwater in front of your property.I would, however be willing to sell you this property.The cost of the land would be Twenty ; Thousand Dollars.If you are interested in purchasing the property please have your attorney contact Mr.Cardinale. Jonathan Perry' JAN m72019 T".3 9 Michael J. Dom -o�Qs>IFFU(,� Town Hall Annex John M. Bredeme er I011r— ice' President '54375 Route 25 Glenn Goldsmith o P.O.Box 1179 A.Nicholas Krupski Southold,NY 11971 Greg Williams �Qp! Telephone(631)765-1892 VIFax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: Completed in field by: Cole Environmental on behalf of ALEXANDRA JONES requests a Wetland Permit to construct a brick walk at grade; construct a proposed 4'x18' fixed wood dock with thru-flow decking and a deck elevation of 6.0; a proposed 3.5'x14' metal hinged ramp; and,a proposed 8'x10' wood floating dock. Located: 1230 Bayberry Road, Cutchogue. SCTM# 1000-118-2-9 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=4 Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D,material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. - Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming,pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 V Ch. 111 SEQRA Type: I II Unlisted Action Type of Application: Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Survey <_ 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: 06-6 Nod � ( ade ocr�1� Wg ( scppe i�a�'k A t'j V44 W muff tOfgZ OAdWw 0( If 2d CI )0+ 4f M. I have read & acknowledged the foregoing Trustees comments: Agent/Owner: Present were: J. Bredemeyer M. Domino G. Goldsmith N. Krupski V G. Williams Other •�ti *,�1 t e� �� Vit.. .. G � . � "' ''�� � � ��� . tti� _`i 4��" Ar mss. ONIF 4 J►` �. ' � -SIT �. •�' �+X'�� , � - Y •~� �•X.IfC':'` �� � "t.'�.X { _ _,y �i3� '.,'���' ti�` tlT � ?` �, K � t ;a „f Ol _ ` • ? moi. ,74 _ ' not �; �i -+ter -�,�• _ it 1 ''` .J r .�.: �• Air- 10 14 +yam• _. �"F " _'./. ' 7� 1 � �'T� ti. � ` �_��- _ 'R��` i - - I-•�j- -:-�'. =�J-.:. � ` �Fi1c?•iG"`.'rail:^ . __ �. �4`?4S- �j�., �'- �� .{�'.�7�'�s: • - _ A - ` Obi ^ +-�:. �. 'M�����a er '�y/� �'�y-'M� •�` -`�"t�' -.r„•• �#T ,� �'..r<,si•� rJ -�'r�••.� � • �' SKr_ - •. - - .` ' „► i. - - � — "� .moi ..♦• i. AlexandraJones1 -• • _ �t ' 1230 BayberryRoad, 1\ 1 J , • ~`' - Y ♦ �1 - 1r �� .S. f.-:.a � ��•+j�`�' _ ice..,4 r � _ 5 - F+"Cr.� k 1/8/19 NO ME ;�- - ,►� �~ _ °A ' ,���= saw g 019. - - i� • A�� t / /.2, � 4 1 aira Jones 1230 Bayberry Road,Cuichogue r. CTM#: 1000-118-2-9 1/8/19 yy 31M _ � T AA )c >,.> � � �.s�. l�,►��. �. � j �f,,�-!' ";'' �`r"�' -°- ? ° °•fi g V . �- fo Y s ice' hr'� a • e . /+ '.., .:•_: •-r .'.cam i .t� _ S,. ` 1 S�',. iN O _ 11 y411 vw; r� -!I jfi `r 47�.,f. a. .F• i� 1v ��LV� !�. a � � 4:` ) 't"� � �:tr , e� 719 1 14 a • 1 + R 77 `q i � '" �F 1. „q;�.r""♦ NOV 1 p } ,� ♦ 1�ij l ', �yT• X I ► y �y 1 �I►..� ,gyp ,y� r' .K r 6 +yam t' '� ,& �'' w �.7, /X yv ��in t,, fir" �, i�.y ► l 4�l ^r y � � 1�► � � f�, ./" 1, AWO ,; w, •� .�;,e�r,ell � �• ,� ��"q4 _ "*-�. :.fit •� 1�.Q1b+`�1�- '�.. ,�.'f�' +l�X!-`� , it i �� � ,P-�,:'r� �fF` 1�`+}�-_ � ♦♦ 1 e;1 RL �j,.1F:..'' ..- , � .� � • � � Iry A■ ,�/ 6 *O; intertidal marsh r r. �• a '�' ,' ,N flagging stake *' -3.5'at low water Jr. Proposed end of .. •�' �� fixed dodo. �: t i, Crrade Rod +� f' t y - Drone photograph 11.27.18 shows location of proposed dock in relation to the sandy beach. Location 1230 Bayberry Road, Cutchogue �. Alexandra Jones Property Prepared by Dennis Cole 12.2.18 r SHORT-FOR I M ORDER INDEX NO. 17139/2014- REME COURT-STATE OF NEW YORK LA.S. TERM, PART 37.- SUFFOLK COUNTY PRESENT: HON. JOSEPH FARNETI . Acting Justice Supreme Court MOTION DATE:SEPTEMBER 30,2016 NASSAU POINT LAGOON,,INC., 1663 FINAL SUBMISSION DATE: FEBRUARY 16, 2017 MTN. BRIDGE LLC, JAMES D. WEEDEN, MOTION: #: 001 MD JUSTINE K: WEEDEN,`JOHN WOLLEBEN, PATRICIA WOLLEBEN, JOYCE A. MOTION DATE:JANUARY 5,2017 SAMPIERI, NORA FLOTTERON, JOSEPH FINAL SUBMISSION DATE: FEBRUARY 16,2017 MTN.SEQ.#: 002 FLOTTERON, III, DENNIS J. HICKEY, CROSS-MOTION:XMD KATHLEEN A. HICKEY, RICHARD W. CORAZZINI, CHERYL ANN CORAZZINI, ROBERT A. LOVE, JR., JOAN E. LOVE, PLAINTIFFS' ATTORNEY: KATHERINE F. PERRETTA, JANET E. ESSEKS, HEFTER &ANGEL, LLP 108 EAST MAIN STREET DOWNING, RICHARD DOWNING, PHILIP P.O.'BOX-279 BUFFA, MARIA BUFFA, and JANE A. RIVERHEAD, NEW YORK 11901 NELSON, 631-369-1700 Plaintiffs, ATTORNEY FOR DEFENDANTS JENNIFER-J. BURRELL AND JONATHAN PERRY: -against- WICKHAM, BRESSLER.& GEASA, P.C. 13015 MAIN ROAD JENNIFER J. BURRELL, JONATHAN P.O. BOX 1424 PERRY, and JOHN CRONIN, as EXECUTOR MATTITUCK, NEW YORK 11952 OF THE ESTATE OF ROBERTA G. 631-298-8353 SINNOTT, SELF-REPRESENTED DEFENDANT: ROBERT H. STURDY Defendants. 8200 NASSAU POINT ROAD CUTCHOGUE, NEW YORK 11935 ROBERT H. STURDY, BARRY SMALL, and 631-734-6776 COLLEEN FRENCH,- Additional Defendants. Upon_the following papers numbered 1 to 16 read on this motion FOR SUMMARY JUDGMENT AND CROSS-MOTION TO AMEND'ANSWER , Notice of Motion and supporting papers 1-3 ; Affidavit in Support of Motion for Summary Judgment and supporting papers 4, 5 ; Memorandum of Law in Support of Motion for SummaryJudgment 6—; Memorandum of Law in Opposition to Motion for Summary Judgment and supporting papers 7. 8 ; Notice of-Cross-motion and supporting papers - 9. 10 NASSAU POINT LAGOON, INC. v. BURRELL, ET AL, FARNETI, J. INDEX NO. 17139/2014 PAGE 2 Affidavit in Opposition to Motion and in Support of Cross-motion and supporting papers 11. 12 ; Memorandum of Law in Opposition to Motion for Summary Judgment and in Support'of Cross- motion 13 ; Affirmation in Further Support of Motion and supporting-papers 14. 15 ; Memorandum of Law in Further Support of Motion for Summary Judgment 16 ; it is, ORDERED_tl at<,this:motion.(seg._#00J.)Tby_plaintiffs,for-an;Order, ., pursuant to CPLR 3212, gr_antin_g,p(aintiffs summary.judgmerit¢as:follows:; " Via: `:�a .'r-•.:"�-=...-"-.�L -- ,mi_.:- -,-_ _.- (1) on plaintiffs' first cause of action, the.first:,and,second cou,ntercIaims--of-defendants;l,ENNIFE=R-J.--BURRELL_-:and'JONATHAN4"FERRY ("Burrell" or"Perry"uarid colloctivelyrth&"Burrell-Perry Defendants").and the counterclaii:n-of Additional-_Nferiidad tROWT H F:STURDY("Sfuldy")-awarding summary judg,rrient,,tatrplai'ntiffsrand,:the-addifiional defendant rand/oi their successors) to`;be tt a£owners:in`fee to tfie=cerifer_(ine of ttie Lagoon�with respect to,the;portion ofMfhe;:Lag,00ri;that:abutsnea'Gh of their;respecfiv properties, dismissing=-the B i rell-P,drry_Defendarits'firsfi ani second couriterclairrrs disrniss'ing:Sturdy` `"cvu"nterclaii ; ai d°appo,ini,ting-o.-,refere�e_,to'deter-mine the exact location of tl a properfiyJunes.forzeach�ofAh'- =pla'inti'ffs''bottornlarid� to--Aheycenter-of { th .u.aLagooii;° (2) on plaintiffs' second cause of action, granting plaintiffs a- declaration that they (and/or their successors) have, with respect to the Lagoon, all of the rights of riparian owners, including the right to dredge the.Lagoon to preserve reasonable access to"Peconic Bay; and. (3) on plaintiffs' third cause of action, granting plaintiffs (and/or their successors) injunctive relief prohibiting the-Burrell-Perry Defendants from any further interference with plaintiffs' (and/or their successors) attempts to"dredge the Lagoon, including the portion,of the Lagoon constituting the inlet to Peconic Bay in its entirety, is hereby DENIED,for the reasons set forth hereinafter. The Court has received opposition to this application"from the Burrell-Perry Defendants, as well as from Sturdy; and it is further ORDERED that-this cross-motion (seq. ##002) by the Burrell-Perry Defendants,for an Order, pursuant to CPLR 3025 (b), granting the Burrell-Perry Defendants leave_ to amend their answer, is hereby,DENIED for the reasons-set forth hereinafter. The Court has received opposition to-this cross-motion from plaintiffs. T NASSAU POINT LAGOON, INC. v. BURRELL, ET AL. FARNETI, J. INDEX NO. 17139/2014 PAGE 3 I. The Pleadings �(A) The Complaint In sum and substance, plaintiffs'.first cause of action seeks a judgment, pursuant to Article 15 of the RPAPL, declaring the rights and-legal relations between the parties as to ownership of the land under the waters of the Lagoon. Plaintiffs seek to have the Court declare each of them the owners of the underwater lands adjacent to their properties to the midpoint of the-Lagoon. There is a further request that the Court fix the exact property lines by appointing a referee for that purpose. The.second cause of actio_n seeks a declaration, pursuant to CPLR 3001, that the underwater lands within the Lagoon and Inlet (presumably the Channel) are burdened by a navigational servitude or other limitation upon their use that provides-plaintiffs the right to use the waters of the Lagoon and to take .any reasonable and necessary-action to ensure reasonable access to Peconic Bay. The third cause of action seeks a permanent injunction enjoining defendants from unreasonably interfering or infringing on plaintiffs' right to use and access the waters of the Lagoon. Plaintiffs fail to assert any allegations as to the nature of the defendants' interference with their rights. The pleadings themselves hint at conflicts without stating non-hearsay allegations of any type amounting to interference sufficient to justify the invocation of the Court's powers. It is questionable as to whether the matters presented rise to the level of a justiciable controversy. it does not appear that any other individual or entity is making an adverse claim to title to the underwater lands of the Lagoon and Channel. However, there is appellate support for the proposition that another entity_ -could assert such a,position. The State contends that there is no justiciable controversy as-to it because it,has not claimed any right or interest-in Stewart Pond. According to the State, the proper defendants are those,members of the public who have actually asserted the common-law right of public entry on navigable waters by.fishing on Stewart Pond. NASSAU POINT LAGOON, INC. v. BURRELL, ET AL. FARNETI, J: INDEX NO. 17139/2Q14 PAGE 4 The anglers would clearly be proper defendants in a trespass action (see, e.g., Adirondack League Club v Sierra Club, 201 AD2d 225, appeal dismissed 84-NY2d 978), but that does not necessarily-preclude plaintiffs from pursuing the remedy provided by RPAPL article 15 against the State. Regardless of whether the State has formally asserted a claim that Stewart Pond is navigable and open to public use, this action against the State is proper if it appears from the public records, or from the allegations of the complaint, that the State might make such a claim (see, RPAPL 1501 [1]) (Hanigan v State, 213 AD2d 80; 82-83 [3d Dept 1995]). Neither,the State of New York nor the Town of Southold have been made a party-to this action by the litigants. The Court is concerned with the characterization by the defendants of the municipal entitles as somehow disinterested in these proceedings. Unlike the Hanigan matter, there are no indicia of a claim by the State of any-interest in-the underwater lands of the Lagoon or Channel. As-it pertains-to the Town of Southold, the recent- representatives of the Town have sought not to contradict or challenge the assertion of private ownership. Under these circumstances, a con#roversy, ripe for adjudication,-is at the least illusive. Plaintiffs do claim, however, that they possess certain rights due to an alleged unbroken chain of title dating back to,the year 166,5. They further claim that there-has never been an exclusion of the underwater lands-in any of the conveyances through-which they claim their- respective interests. ,Plaintiffs assert that they, as a matter of law, possess ownership interests to the center. line of the Lagoon and Channel to the extent-that their properties are adjacent-to those bodies of water. It-, coni ede� p,lalntiff 663 _,, _ .� Br� gey LLls thu p(andowner �aent tope amort seo,�=ter✓h n en I ;and " . '� .. �-�- e th t fhe &urr li;=Periy`De e`ndarits aK,a# a`up'I_a downers;adjacent to the: outt� - _ i.2 va:. =^^^s�..,,,:rar•-'`"` -s=F-:...:Ssa re.:.�a..�-- ��-'iv.. 31,;,-• `':F"-rrl,., � -,_r, side=ofieCharn� '1' a ;e ander of the,plir��t�ffsan ' hewae3ttianaldenciats ir�wl ar v d�o nersTMAa. Ja f fo he IMF (B) First Counterclaim The Burrell-Perry Defendants likewise allege a,controversy concerning the ownership-interest in and to the land under the waters of the subject Lagoon and Channel. NASSAU POINT LAGOON, INC. v. BURRELL, ET AL. FARNETI, J. INDEX NO. 17139/2014 PAGE 5 (C) Second Counterclaim The Burrell-Perry Defendants-allege that dredging undertaken by or on behalf of the plaintiffs has undermined the lateral support of the Burrell-Perry Defendants' bulkhead and caused erosion of their upland parcel into the Channel, all to their detriment. 11. Burrell-Perry Defendants' Cross-Motion to Amend The Burrell-Perry Defendants by cross-motion seek to amend their counterclaims and assert an additional claim_of ownership by adverse possession.' While leave.to amend pleadings may be freely given upon a motion to amend or supplement pleadings, it is required that "[a]ny motion to amend or supplement pleadings shall be accompanied by the proposed amended or supplemental pleading clearly showing the changes or additions to be made to the pleading" (CPLR 3025.[b]). The affidavit in-opposition to plaintiffs' motion-for summary judgment and in support,of,the Burrell-Perry Defendants' cross-motion to amend makes no reference to the proposed new pleading by exhibit designation or otherwise. There is a document labeled as an Amended Verified Answer,annexed-to the affidavit as Exhibit "Ii"; however it is in no manner verified nor are any amendments referenced by the affiants. Therefore, the cross-motion to amend is hereby-DENIED for-failure to comply with the necessary requirement (see CPLR 3025 [b]; BBM Constr. Corp. v Hersko, 2014 NY Slip Op 32284[U] - [Sup Ct, Kings County 2014]; Musachio v Musachio, 2013 NY Slip Op 32088[U] [Sup Ct; Suffolk County 2013]; Karl's Plumbing & Heating Co. Inc. v Yevool, Inc., 41 Misc 3d 1223[A] [Sup Ct, Queens County 2012]). Ill. Factual/Procedural History and 'Plaintiffs' Motion for Summary Judgment Perry asserts that this litigation arises from the Town of Southold's- grant of a,dredging permit-for the-north side of the Channel adjacent to the .1663 , Bridge LLC property. There was-at the time of the motion and cross=motion a pending appeal of-the Order of Justice Santorelli, which dismissed Perry's Article 78-challenge to the dredging permit. Justice Santorelli's denial of-the Article 78 .proceeding_ and dismissal of the action has been affirmed by Order of the Appellate Division, Second Department dated August-2, 2017 (see Matter of,. Perry v Patricia A, Brennan Qualified Personal Residence Trust, 153 AD3d 522 [2d Dept 20-17]). The Second Department did-not reach the issue of ownership-of the underwater lands within the Channel. The dredging permit issued by the NASSAU POINT LAGOON, INC. v. BURRELL, ET AL. FARNETI, J. INDEX NO. 17139/2014- PAGE 6 Board of Trustees of the Town of Southold authorized dredging of the northern half of the Channel adjacent to the 1663 Bridge LLC upland. Also, it would seem from the record that the current Channel as created in 1933 was brought into being.as a result of the dredging of a portion of the upland owned without question by the predecessor to 1663 Bridge LLC. It is worth noting that the most recent dredging controversy concerned the Channel and-not the Lagoon. It is not clear what the position of the Trustees of the Town of Southold would be with respect to the Lagoon. Perry asserts the existence of triable issues of fact. Perry asserts a certified chain of title of all the lands under the water of the Channel based upon a certified search by Fidelity National Title-Insurance Company (Exhibit "B" to Perry's Affidavit). Plaintiffs oppose this assertion by"the Burrell-Perry Defendants in that prior conveyances to plaintiffs' predecessors undermines the deed upon which the Burrell-Perry Defendants rely. Plaintiffs contend the land went into, private ownership before"New"York State took title to the public lands, and plaintiffs further contend that New York State did not take title to the Iand beneath the Lagoon. Neither New York State nor the Town of Southold is a party to this action. Perry further-claims title to all the underwater lands of the Lagoon based - upon the assertion of the payment of taxes for a period of ten years. The uncertified Property Record Card of the Town of Southold indicates upland acreage of 5.25 acres and an entry for the Lagoon of 7 acres for which Perry"has paid real property taxes. The ownersh p irat-rests.of t e�Town�of�o-uthold�devoluetifrom the `Ar cjros PFatenf and< is�no Ie tt ma caairrp: ey9ncl hat�p.ate�tr rith�r=_�spect�a c �.x .�. gyp; -''^ '.'-;a;{ ='-=e. =<,.,]L.c�r,'�-`Xv,S+,ia•-+''-;„x.. « - .g;,e:fV,,z.,.- +.� _.5 undetwa er(ands Tfie P la a rofr�la"" $n Hivate:=o- ners � isy of b:ourne out w by therecordIns�mElcaseoncerningpund ate. Ja ds�niithinthen of Sout�at�iptola �tte���oirtpof�`Appeals field: �- rere Ilot As toPthel r�dstrn_ er�ntate,r noewewere� to ,c- -" , tom. -_ r--,: soil or, ade=tte sbjct%ofvirivrduai�or. sfip:Ttie 'moi-�-� iv'a-4".�a�"�e�ra ^-'� f. +'`y-tom»-�'" ji.'✓-- C baol teono� an_drnargeme 2 ereof.hasy y den, +-••«"�'T."�` .-...- rF N .«' fir. pen,xv ee�cisdyflie� r`. s eesorntlieDorigani`arter to,the eerif time (Trustees, etc. of Southampton v Mecox Bay Oyster Co.-, 116 NY 1, 12 [1889]). � �. xkr.•sr �x�-,- �ate:"==�'°`� ,Lt-isrecogh—M40 tha io.gas ands t � ont of 'd ov nersh�p of underwater lands I- he iivere�gr .isnot an iEgiould%51�ncle ned by NASSAU POINT LAGOON, INC, v. BURRELL, ET AL. FARNETI, J. INDEX NO. 17139/2014 PAGE 7 unt ruble rj e ei Jf6'h9 oMitle:;,der_wd from it ,pcectse asses i�rts of-_pr or ;...,. conveya ce. In the construet�onfa}pablirc4larfiejl'a tedforthe Purpose vreatirgj ciuti co. unit the-Practical inter ��re#ation,ff-g` ece ve from and rn�hachyl a been ae�mie; �� ,n � . c rax y ape er sted t erAma, `r�wa k-P seri'Ge_-v-"V,4,*' i9§165r ostv3vi nP, `ev deil�ce a Y the ' 4.,4- �+Fs r' g�^y$� Ai :`YY EY 4i-4p'k •' T �. �hs ka vim �i}'sv".`�•'.'v'r�.14'«a4 SF's"-'• deter ianatitop of�rig'M existing t�iereunde ;fand the strict (et a of`tfi� firs ume i b of 'e`s o�f if fe ortap.ce-��s �: � � ` ,�.'�~-,��= ,..�'�°' . • - .- <a- ,�..��ass=�~. fia.tk�elandsidEra#erxerrrbr+q�oedwrt _ Sail patents � r be''F ��3a'cK"YsF^:ra-�?�;:$.< `?s•'x, -Yi`u#.' n a7��:._.��e'+`""'i:'ti.,�,. , gu .fir :y pL"' ^'s'� ,-�",' :•"'"^, ,2a',¢r,.'::'. ..... F !a3(Id. atZ). .furt er•�asseis that( ie" TQ�vn of Southold recognizes and ' �, .- ackno ledges-P6- rjr`an he.owrrer of the underwater an+dsgo #h�`e L goon;;--The W .� to... .', r- - c,..«^�-r=-rr.. m.�.v:`s. xW,w .t�:�a d:s's` .�:>�2"''.. -� Exf ibi'ts�attacb d do n aclFnovufe ge Perry��s etFie oW'ne-_r.f tndicate�thal of Jud2201 the Toidnoinen #o,cajietgen, e assertion g- e under afer Ian`ds of`thewLagoon web e h�e dTin viva'd nerslllp tn5 ddition, Perry simultaneously asserts deeded rights, as well as a adverse possession claim to the underwater lands-of the Lagoon. While Perry's motion to-amend his counterclaims to include a cause of action for adverse possession has been denied as set forth above,.Perry's assertion of actions taken'by him or on his behalf are instructive as to the nature of the relationship between and among these parties, and the current tenor-of the environment spawning this latest installment of litigation. The Burrell-Perry Defendants caused shellfish harvesting complaints to be lodged against third-parties with both Town and State law enforcement authorities. Perry admits to posting no trespassing signs, and claims no dredging has ever taken place within the Lagoon and Channel without his consent. Perry makes it,a point to explain that in the past there has been-contribution Eby the Association to the cost of maintaining the bulkhead on the northern side of his upland abutting the south side of the Channel. Although-Perry alleges that dredging causes a loss of lateral support to his-adjacent bulkhead that results in erosion to,the upland Perry, property south of the bulkhead, he makes no allegation that any such dredging has ever- occurred, let alone resulted in damage as he speculates. This theoretical concern is not the stuff of which justiciable controversy is made. NASSAU POINT LAGOON, INC. v. BURRELL, ET AL. FARNETI, J. INDEX NO. 1713912014 PAGE 8 Obviously, dredging below the depth of the bulkhead vertical sheets or planks may very well result in a loss of property behind the bulkhead. This can also be caused by gaps between the planks and general deterioration of the bulkhead due to age. In the process of opining about the possible effects of dredging, Perry explains that the upland bulkhead has not been replaced in over thirty years. He goes on to claim that it is entirely inequitable for plaintiffs to have the benefit of the Perry bulkhead to help keep the Channel open,without contributing to its required maintenance by reason of dredging and other damage. The fact is there is no proof in this record that dredging has caused any damage to the Burrell-Perry Defendants' upland or even-that any dredging immediately adjacent to the Burrell-Perry Defendants' property has ever occurred. The Burrell-Perry-Defendants oppose the plaintiffs' summary judgment motion in two respects: ,(a) lack of specific description in the-instrument of conveyance into the plaintiffs; and (b) lack of title by reason of ownership of abutting property. Perry-,claim,s4hat non o_f;tfxe'deeds_}intouthe.plairitiffs contains a V In specific ra't of the un^3 erwater#jand%,adjacent tort�ieir, properties T1 ;aff a # of plai tnffsexpert;LaraePomerantz;drsstlerffiaso�the4eedtstia poperty .' .f-�f �^'�."'.' � ,,.q;:�€*^s -"�.w�§-zmh-k r�'.r �%�a a +...,..�-a«,.. FF`'itX..s.:r,G.+.a-4.a.• adjacent*to the 5h'anJh,6V�Pomet�a tz to ifi.(Vot�the4hea�ring7r�e=ar�d�ng the dredging pFer it l a#t11eFund lwate Tari s f tT-? 'gaffiffb ere�not�deeded-to the , _ _s C} -, ;�.. s..'zz g_::.'�.--�-'�fes- a.:.•'g' tt n •" '"=;.as'.r ;i1SX K•-:z,:r: ;: ,:rd adja e t ropertyaowners'�see Exhjbit-"G! to;l?et=ry s�Affr`davit). Perry concedes or ;, ;a+m;•r"�• r,;, '>''. b"°'t%r •.r;.,,,'{�+n. -+,.a'.r"''•^ ,•.c�d:.ytsa=•;,s'S' ,•cer,'2 sytt.- ^ ,'R more a .tl>\J takes tf a ®s�tton tf a 1663 rid` LL C h ¢tfi i6 to-und rwater- lands �,.=—r7=.=mss. srF.ya t,� •�, m4S. '�.,�'•a+,- ..o -�xyes:ty;: . of one-halth`eCharnre duEtheaetthafit5is=an abutting landowner. Perry contradi ts. himse rf'cla ming ti�v. at-.tk was no center li•n��c vvr�;ersbip�at commonrla t; Perry flails o piace-th-s"tateXnen nto contexf as:to�vyhethe the discussion mcludmanaade�or :afula(-ywaterwa'ysnar�igable or�non=navigable, waterways=�r�t�da1-or"�fion=tid'al�waterways. Perry further seeks to undermine 1663 Bridge LLC's claim of title by asserting that the-deed into his predecessors only,includes the lands under the waters of the Peconic.Bay, not the Channel. He alleges that waters under the Channel are excluded by.implication. This is somewhat tortured logic at best. There an#additio_ alAo_rg ation=of the=analysis-pertair ang to.the Lagoon ah-d-f a hannel,.In that;#he._Co�asta Surrey of 838 shows tl we Lagoon as completeIandl`oeke�: wfout; nr iY `dcatioii.of;a channel. Pe"3rjr=aoids any ,:.. mention of the fact that the original,�ond�„ppea"rs to Iia � y� .� a ve been'totall} 1`andlocked, ..- rA-: �^.r+ro. �"`.•s ;. and therefore�if aw-single oWiiL owrie wtf e 0ti elf the la`n "rc i nd the waters that owner wou-Id have,colri�'pletetletxohe¢I n 'under those+ avers. If there -NASSAU POINT LAGOON, INC. v. BURRELL, ET AL. FARNETI, J. INDEX NO. 17139/2014 PAGE 9 were multiple owners adjacent to the completely landlocked body of water they would then own to the center line of the body of water adjacent to their.respective upland. The same holds true if the body of water is non-tidal and/or man-made rather than naturally occurring. The,-surface-M,§-A a=of.the water•-�isiai,separate,,ap,d.distjnct issue�from s-rte»"' 'h`' iCV,.:se7»aw.S"�€�"ik' ea.�. ownership ���: �.�. .:�.- ,..� � � �:�� s ip of�flTel' JuenNa#eX; Riara�nowr�ersae . igito mai--lain!ythe waterwa�r.or th' prp'ose44f the-,t wfich-it-was'lrinded ,This '.tr �- = rg_ .��—�."^ ^n-�a° �.� .„,..�. 3� '-r�-. s r°r. �E�Y. irthe ri ht``s��ofa ftad,maintena c ,i1 'cl nes the �ig� t�tb��dredc3`e4whlle�balarl,��g �: ���. . ;)� -9ft ra j ; �.. ., , � .w andtpland '�iparor7;nrs. t -- - - Whatever the nature of the interest of a riparian owner in-the submerged lands in front of his upland bordering -on a public navigable water, his title is not as full and complete as his title-to fast land which has no direct connection with the navigation of such water. It is a, qualified title, a bare technical title, not at his absolute disposal,-as is his upland, but-to be held at all times subordinate to such use of the submerged lands and of the waters flowing over them as may be consistent with or demanded by the public right of navigation (Lewis Blue Point Oyster Cultivation Co. v Briggs, 229 US 82, 89 [1913], quoting Scranton v Wheeler, 179 US 1411 163,[l 900]). Fer=ry s Yositi2�'y3F as t tf� mongers.ip o_f the nc e ateX l nds ,f#fie La oon�othel ha ie= han a s-somewhat puzzling H"esu►nmarily=claims they ani a e him,K-rs assuFnption-seems=to-be•based'ti'hIs p rp'M -claim by,a v rse possession.,�T�his claim4-does'n,8RfdIny'support In the reco_r l Perq arther-- isuri'd rids he-ri arian-ri=fats ifrth`e lain#iff as oMfhe~Channel and'Lagoon. p� g l' Per,ry�cJ,kji nsithat-there is too-authors cited by the plaintiffs for the .- �y- x' "".c' == =" =c. ..5�s_s--moi- k .. generalassert�'otY,i dM 5 sunder fife-w;a_i �ofleiagor�ard Channel are _ f�eid3for the btitrus.Tsearg e etsas°mew>tw�dsinign4Th over`arcbingfisue�s,�tfae�des["reloIhe Burrell-Perry Defendants to have the s�saefa ioaridifs members contribute-to the cost of rebuilding the-Burrell-Perry Defendants' bulkhead. Under the circumstances presented herein,,the Court is unaware of any legal mechanism to compel contribution-by the plaintiffs-or the additional defendants. NASSAU POINT LAGOON, INC. v. BURRELL, ET AL. FARNETI, J. INDEX NO. 17139/2014 PAGE 10 The Court is aware of a previous holding by Justice Paul Baisley, Sr. in a Memorandum Decision dated December 3, 1991, under Index No. 251`101 1987, that contribution could not be compelled between and among these parties and their predecessors. The 1987 action was commenced at or around the time the Burrell-Perry Defendants' bulkhead was completed. Perry is no doubt aware of this prior holding given that his predecessors-in-interest, including members of the Burrell (his wife's) family, were included among the plaintiffs in that case. The first undertaking is the characterization of the waters as they exist at the present time. As described by all parties, the Lagoon and Channel are both subject to tidal flow. There was at one time a natural inlet which.was the sole means,of access to the Lagoon. The new Channel was man-made and transverses, Lot 108 of the subdivision, which is owned by 1663 Bridge LLC. The Lagoon itself is a public waterway open to use by all (see Lagoon-Association of Nassau Point v Sturdy, Sup Ct, Suffolk County, Dec. 3, 1991, Baisley.,J., Index No. 25110/1987). The law is clear that the right to dredge exists for upland riparian owners and-that courts-will intervene only to the extent of balancing the rights of other riparian and adjacent upland owners. Those seeking to reasonably maintain the waterway are required to act reasonably taking into consideration the riparian and property rights of affected upland riparian owners. There is a prohibition against undermining an adjacent-bulkhead or causing damage to adjacent or other upland riparian property rights. Given the nature-of marine bulkhead and dredging contracting, it is doubtful that any reputable marine bulkhead or dredging contractor-would undertake their activities in a manner that would undermine the integrity,of an adjacent property owner's fast land. No credible allegations to the contrary have been made by any party herein. The - hypothetical_concerns'of the parties do not constitute a justiciable controversy: The Burrell-Perry Defendants' Memorandum of Law,asserts that the plaintiffs fail to demonstrate prima facie ownership of the lands under the Channel in the absence of any common-law rights, and that the deeds into plaintiffs preclude the ownership. It is unclear from the Burrell-Perry Defendants' argument whether their contentions are based upon the facts herein concerning the nature and character of the Lagoon. The Lagoon_Was once a landlocked body of water with no appreciable navigable access to the Pecon'ic Bay according to the 1838 Coastal Survey. The centerline ownership argument could then be ,made if the body of water is or was fully enclosed and unaffected-by the tidal waters-of Peconic Bay, None of-the parties have addressed that issue sufficiently and in all likelihood with-good reason. The-CoGrt has not-been provided with any NASSAU POINT LAGOON, INC. v. BURRELL, ET AL. FARNETI, J, INDEX NO. 17139/2014 PAGE 11 sufficient non-hearsay allegations of fact concerning the 180-year-old coastal survey. The deed-into-grantee argument is also problematic. It is well- settled that a grantee can not receive what the grantor did.not possess to convey. There is an additional wrinkle in that the Channel at"least anecdotally was originally formed by nature. There was a later man-made expansion of the Channel; the parties do not address the issue of a man-made channel versus its natural occurrence. To further complicate matters, it would appear that the Lagoon has always been a tidal body of water subject to the ebb and flow of Peconic Bay. It would seem that at,loW tide in or around the early 1800's the Lagoon and Peconic Bay Would be separated by a spit of land, but that at high tide the'Lagoon and Peconic Bay,would be connected. The Lagoon, by definition, was therefore subject to the tidal influence of Peconic Bay, and was and is neither a landlocked nor man-made body of water. The deed into plaintiff 1663 Bridge LLC conveys lands under the Peconic Bay by its terms. The deed is silent-as to a specific conveyance of lands under either the Channel or the Lagoon. The interpretation of the language of. deeds as it pertains to the conveyance of underwater lands as either riparian or littoral in nature requires an analysis of the-predecessor deeds and the language dating back to the original conveyance and each successive conveyance in the " chain�-of�fi�le SAetsesrav,�nj gw�i:�si�r;�.s� fr"antor� u��i�i�e�`��ir t11�pi?io�� �onv`ey�an�es�"rsq ��oansequenc � . Accord n #o Pe_rr-stnee�plaintiffs=-,faileditoMderribff§trate�pr/rna e the existenceoiipar=ianrrg° ts�terr z��t'�an or ,� ma ,ud . _� .' 3"":'t�g?a.% =y� `r.. . »>s-p=ro^ deniedThjsar ._"r0esuihocx basins-,r-,iu=ori pct R'rprianae �st frern ..� :s r"".: �� ;a.°=�=^:i:a�..:..,�^a. � t 'p,c"`,-'•+m 'sr-yc. :'�=^£-3^> �+ r..:.. .-."a,,,r" as�'���tte�=�®clavi=r_..;�a. ar�c�`f�pl�tntffa;�lYefBurr=ell=�er- �b�eertdit���.=ands-f�e additional de�`eridart s;as-well as their predecessors- and successors-in-interest. This case is solely about access-and navigation and the right to reasonably dredge to maintain the quality and nature of the Channel and the Lagoon for the purpose of preserving the customary.uses of the waterway. � i""xn.. 's:.*�,`sst ,';t�^ Vii... �ss-n. j&T�J�e S�oprrx� errt roefrdeterminedfa the:plaintiffs as 4. _ ' own --l-54's e�y�b-o J A"' "d&by' av�ga l waterways o ess riparian ghts 'ch,"Iijcludegthe.tright of access O_t navigable water, and IF righi #aoma: ��tl��s�ac au w- ;ra5rdi f., WitSP15y�bullding NASSAU POINT LAGOON, INC. V. BURRELL, ET AL. FARNETI, INDEX NO; 17139/2014 PAGE 12 (Klein v AronshteinJ� U:3d=67=0 671 [2dDeptF2014]y.jcitations omitted]). However; t th}e p es -nat t Wgvthe ourtris aw re of rta p rty4is being denied 4t,he rig IRRIredge oath -�r c ht :o aii a e-0;eitne�r ttfiin th`e Glfiar npe wo�r the jv �` In addition, Perry contends that Sturdy's claims are without merit. The is by Perry's argument no current issue in controversy. -Perry misses the point that,riparian rights as a general concept exist. Any specific assertion of the rights for a particular purpose such as dredging is subject to a balancing of the rights of all riparian owners and the adjoining property owner whose property must be protected and preserved from being structurally undermined or damaged. Despite the assertion by the Burrell-Perry Defendants, financial contribution to bulkhead costs isnot an issue within this action. No pleading is made on behalf of the Association seeking contribution.or participation by the-- members of the,Association or any other riparian owners not members of the Association. Perry further claims that.no-governmental entity has an-interest in these waters. The Court is not of that opinion. The United States, the State of New York, and the Town of Southold all have an ongoing and,-continued interest in'the Channel and Lagoon. The-Army Corps of Engineers, the New York State Department of Environmental Conservation, and the Town of Southold all have an interest in the C-hannel and Lagoon. There is no evidence in this record that any governmental entity has waived its respective interest, nor could they. No municipal, state or federal sovereign may be bound or-estopped based upon the alleged agreement-or acquiescence of an individual purporting to represent that entity. A single representative or member of government cannot bind future assertions of governmental interest in-the--nature of-collateral estoppel (see Karedes v Colella, 100 NY2d 45 [2003]; Charter Sch. for Applied Tech. v Board of Educ. for City Sch: Dist. of City of Buffalo; 105 AD3d 1460 [4th Dept 201"3]; Matter of Newburgh v -of 82 AD3d 1225-[2d Dept 2011]): The Town's expressed intention not to oppose the assertion of private ownership without .more in no way binds or hinders the,Town or any_other branch of government- from asserting its interests, regulatory or otherwise. There is no current controversy of which-the Court:is aware as between and am©ng the riparian owners. This action is born of frustration in an understandable but misguided attempt to have this Court issue an advisory opinion concerning'a controversy that may or may not-occur in the future. Such-a finding would not only be inappropriate but would serve no,purpose for any actual future controversy would-be subject to-the assertion-of the rights of the parties NASSAU POINT LAGOON, INC. v. BURRELL, ET AL. FARNETI, J. INDEX NO. 17139/2014 PAGE 13 then affected and to be balanced by the court. That issue does not currently exist. The plaintiffs failed to establish, prima facie, their entitlement to summary judgment on the complaint insofar as asserted against the PPA since the evidence proffered was insufficient to demonstrate, as a matter of law, 'an unreasonable interference with their riparian rights (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 8511 853, 476 NE2d 642, 487 NYS2d 316 [1985]; Town of Hempstead v Oceanside Yacht Harbor, 38- AD2d 263, 264, 328 NYS2d 894 [1972], affd 32 NY2d 859, 299-NE2d 895, 346 NYS2d_529 [1973]). In any event, we note that the PPA raised issues of fact, inter alia, as-to'the level of interference, if any, with-the' plaintiffs' right of access to navigable waters (see Town of Hempstead v Oceanside Yacht Harbor, supra) (Zupa v Paradise Point Assn.,.lnc., 31 AD3d 538, 538 [2d-Dept 2006]). The Burrell-Perry Defendants' and the plaintiffs' assertions are contradicted by Sturdy as to the meaning and efficacy of the earliest transfers as between the Indian grantors; the Colonial grantees, the State�of New York, the Trustees of the Town of Southold, and any-successor grantees. The title search submitted by the Burrell-Perry Defendants-pertains only to the dredged canal (the Channel), and by its term is subject to: Rights of the United States Government to establish harbor, 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 Great Peconic Bay, the Lagoon and the Canal-without compensation. Riparian rights and easements of others over the Great Peconic Say, the Lagoon and the Canal, however, this search does not insure any riparian rights or easements in favor of the owner of the premises herein. NASSAU POINT LAGOON, INC. v. BURRELL, ET AL. FARNETI, J. INDEX NO. 17139/2014 PAGE 14 Rights of the United States Government, The State of New York and County of Suffolk, Town of Southold, or any of their departments or agencies to regulate and control the use of the piers, bulkheads, land under water and land adjacent thereto (see Exhibit "B"). There is no similar analysis shown for the underwater lands of the Lagoon. IV. Sturdy's Submission Sturdy submits a Memorandum of Law in opposition to plaintiffs' motion for summary judgment and in support of Sturdy's "motion" for summary judgment. Sturdy requests summary judgment in his favor in the body of his submission but fails to properly notice a cross-motion for summary judgment. Sturdy's papers are accepted by-"the Court as opposition to'the present motions of the other parties herein. Sturdy requests summary judgment in his memorandum as follows: (1) on Sturdy's counterclaim, plaintiffs' first cause of action, and the first and second counterclaims of the Burrell-Perry Defendants, awarding summary judgment to Sturdy declaring the lands under the Lagoon and the Natural Inlet to the high water mark (as shown on the 1919 Van Tuyl Survey, submitted as Exhibit "C" to the Pomerantz affidavit) to be owned by the sovereign held in trust for the public, and not any private landowner, whether that sovereign be the State of New York or the Town of Southold, dismissing plaintiffs' first cause of action and the Burrell-Perry Defendants' first and second counterclaims; (2) on-plaintiffs' second cause of action, granting plaintiffs (and presumably_the defendants too) a declaration that they (and their successors) have, with respect to the Lagoon, all of the rights of riparian owners, including the right to dredge the Lagoon to preserve reasonable access to Peconic Bay; and, (3) on plaintiffs' third cause of.action, granting plaintiffs (and their successors).(and presumably the other defendants and their successors) injunctive relief prohibiting the Burrell-Perry Defendants from any further interference with plaintiffs' (and their successors),attempts to dredge the Lagoon, including.the portion of the Lagoon constituting the inlet to Peconic Bay in its entirety, NASSAU POINT LAGOON, INC. v. BURRELL, ET AL. FARNETI, J. INDEX NO. 17139/2014 PAGE 15 The Second-Department has clearly stated that: Since [defendant] failed to serve the plaintiffs with a notice of cross motion (see, CPLR 2215), it was not entitled to the affirmative relief requested in its September 7, 1993., affirmation in opposition to the plaintiffs' cross motion (see, Matter of Barquet v Rojas-Castillo, 216 AD2d 463; Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C2215:1, at 124) (Thomas-v Drifters, Inc., 219 AD2d 639, 640 [2d Dept 1995]). Sturdy's requests for summary judgment are-therefore-®ENIED in the absence of a properly noticed cross-motion. Sturdy's submission while observational in-tone does impact upon. the Court's legal analysis. In reference'to=the inlet or Channel, it is asserted thet- a portion of the Channel is upon lands owned by 1663 Bridge.LLC as having been conveyed into private ownership before the Andros Patent. It is further alleged that since April 1,-1994, the Town of Southold has taken the position_ (precisely how that legal position-has been taken is unclear)that the Lagoon and entrance are privately owned. In or.about June 22, 2011, the Town stated that it would not challenge private-ownership of the Channel and-Lagoon. Sturdy alleges that regardless-of the fact.that the Town conveyed title to William Wells in 166.7, the Town had no ownership interest for,the purpose of conveyance from a public to a private entity until the Andros Patent, which did not,issue until"'1676, nine years later. While certainly-an interesting historic note, the more imo�rtan�t,issue according to Sturdy concerns what in fact was-conveyed fid;-# e,:Abr atent convey lands under the waters to the Town of-:So ithed l e New'York State Attorney Cine al Irffa s miler.casewith'in�=theX,.confi"-69' f ie =h w� 6%8:6 thold „t `S S ?mac'' �r.�s Y -+ has taken ttt,)egad ositron thatrMe AN t 9115�ttentldi n fact convey t 'ems uncle aJar" `s th; vurQfoufhold: mss- ,, :��. .. Plaintiffs assert that there is-no evidence supporting the Tuthill `estate's claim that School House Creek is a man-made body of water. They assert that School NASSAU POINT LAGOON, INC. v. BURRELL, ET AL. FARNETI, J. INDEX NO. 17139/2014 PAGE 16 House Creek,yinjact,_s a tidal body of water; that ownership oLland unde�r_tdal7watersrmuste traced aback to when the English`Croinrn cfairned�ownerip of al(!arid lnhe ea�iy�colonies;and that;vut�.der�and grant known as.the,Sauthold,Faten;-issued in 1676 by e..^-.o-,s.,. the Dukeaf:York's appointed agent, Governor Edmund Andros, titled tidal.bQdies of water and:m_arshes the e located wfi�n the ara oS:oora f� u ldYnlasgnted `a Town's Trustees (Schultheis v Estate of Tuthill, 2012 NY Slip Op 30556[U], at **3 [Sup Ct, Suffolk County 2012]). While the evolution and devolution of the competing claims and -rights is certainly interesting from a historical perspective, the Court herein Js concerned with the fundamental principle that riparian-rights do not impact upon title. As noted, regardless of title to the underwater lands there,are certain.rights which are not dependent upon title:to the underwater lands for the purpose of asserting-riparian protections by upland owners. The lGrgl progressron�of t a �onic p leads tfie" o'u to co blade that for the t ose:of r�s�" °' cet .--i ri a 'a c`di r over6 esi=:tl -d errnination p p r A ga p , c `�° of ti4,e fotlleunderin lac�dsr� cesarrd rnyrraebesr_,reev rant to.the dete rnirrat►o of: partan i rn a A f u ar contfauer Herifi- ourt is srj -. `� :y��-- — z�...x s a � ... -":..�,.... ,. ,+'max- .3s facedMiLal wilcor ,plr�gRlAlkrt�cle- requesfsfor�zd errn�nafon far no real issue inctro�ers` . "liedete,,mnatioft' eh a the,,urierwaer la` ids in noway Y; -, �. . � ec +.a :ax a�' tie` res r� .+� ,.�.�..x<..« � .�� �.. dimirli b'- cre es�the sseitablezrights of�up *an I rtpar=.i and wt ,e�-s.at least as tcass forte ex ages°$ e aein: The� a� sa����ind ed the - ! Y •_: K son e' nc no a e r fl ate of�l�ew, brk and hesTo vrtyof uthold r , are no, comesf�e�=�o�tf�e� e ira_te_rb�a �:�tl its a - -t e�p(aintiffs,,and the BurrelP-M-6, e eft e��l.��clre a�fE�tlp��f0�111anufad fre'` adt6n rovers'y where I think that if the grant had been intended to include lands under water language appropriate to effect that purpose-would have been employed, as in many of the colonial grants and charters which have been brought before the courts for construction. In De Lancey v. Piepgras, 138 N.Y. 26, 33 N.E. 822, it was_ held that a patent from the crown of Great Britain issued in 1666 creating the-Manor of Pelham and conveying a tract of NASSAU POINT LAGOON, INC. v. BURRELL, ET AL. FARNETI, J. INDEX NO. 17139/2014 PAGE 17 land upon the mainland bounded by Long Island Sound, with all'the islands in the sound .not previously granted or-disposed of, lying before the tract upon the mainland, did not pass title to the land under water adjoining the islands referred to. Nor does the reference in the Symes grant to the "Pooles Ponds Waters Watercourse Rivers Rivoletts Runns & Streams of Water Brooks ffishing," etc., operate to enlarge the grant so as to include the lands under water here in question, inasmuch as all of the words quoted are limited and qualified by the phrase "within the Bounds and Limitts aforesaid." Sage v. Mayor, 154 N.Y. 61, 47 N.-E. 1096. The case of Starke-Belknap v. N. Y. Central R. R. Co., supra, is distinguishable in that the royal grant there under consideration by its express terms-included "ferries"-and "the fishing in Hudson's River, so far as the bounds of the said lands extend upon the same." It was held in that case-that the use in the grant of the terms quoted warranted the lower court in finding that-the grant included the coves and bays which were appurtenant to the upland.] have,considered with care the arguments advanced and authorities-cited in the briefs-submitted by counsel for-the Symes Foundation and the Victory Dry Dock Company, but am unable to.agree with their conclusion-that the grant here in-question included lands - under water. The question whether the Symes grant included lands-under water was not so involved-in Smith V. Staten.Island Land Co., 175 A.D. 588, 162 N.Y.S. 681, or in the unreported case of Crown Lands Corporation of Staten Island v. Corbin Land Co. as to make the decisions in those cases controlling in the instant case (In re City of NY, 116-Misc 179, 183-184 [Sup Ct, Kings County-1921]. There are different methods of analysis employed by the courts with_ respect to the conveyance of underwater lands. There are general-principles applied. When reference was made within the grant to a body of water, the conveyance was valid only to the high water mark and any conveyance of the foreshore was,deemedvoid, even where a specific'grant of the foreshore was attempted. The courts recognized that certain lands were incapable of transfer to NASSAU-POINT LAGOON, INC. V. BURRELL, ET AL. FARNETI, J. INDEX NO. 17139/2014 PAGE 18 private interests in the absence of some public purpose. In this case,- an express transfer was voided. The general rule is that where the boundary of a Crown grant is a body of navigable water, it runs from the high water mark. It was said in Matter of Mayor, etc., of New York(182 N.Y. 361, 365): "While-the king had the power to convey the tideway on the shores of the high seas and navigable rivers, he will not be presumed to have done so by merely bounding the conveyance upon the sea or the river; such conveyance will carry title only to high-water mark. Other words must be employed in the conveyance which would clearly indicate his.purpose and intent-to convey the lands under water in order to pass the-title thereto" (In-re CITY OF NY, 281 AD 315, 3.28 [1st Dept 1953]). The Second Department in N. Hempstead-VElWldge, 111 AD 789 (2d Dept 1906), after a thorough examination'of the history of the boundaries between,what are now-Jamaica, Flushing and Hempstead,-found that in the absence of any specific grant of underwater lands, the application of concepts of interpretation and'construction including lines to be drawn by direction (i.e., south, north) were interpreted to mean along the coast and not truly straight, unwavering, as the crow flies lines.- If the waters-and the lands were not f _ mentioned or specifically conveyed, the court reached-its result'as follows: My conclusion is,that the land under water-described in the complaint is not included within the boundaries of either of the Colonial patents to the town of Hempstead, and is not-shown to be-the property of the plaintiff, and- for this reason-the complaint should be dismissed (N.. Hempstead, 111 AD at 801). As to the issue of Indian deeds, the courts have held that it-was the grant of the Crown'that was-controlling, and that the various Indian transfers were subject to more formal grants of the Crown and the sovereign: But Indians,could, by themselves alone, create no lawful claim. (Town.of Southampton v. Mecox Bay Oyster Co., NASSAU P0INT LAGOON, INC. v,"BURRELL, ET AL. FARNETI, J:, INDEX NO. -1713912014 PAGE 19 116 N. Y. 1, where the-same-proviso was in the patent; , Clarke Estate v. City of New-York, 165 App. Div. 873.) The Duke of York's Laws (March 1,"1665) (1` Colonial Laws [Comp. Stat. Rev. Comm.], 40) provide: "No Purchase of lands from Indians After the first day of .March, 1664, shall be Esteemed a good Title without leave first had and obtained from-the Governour and after, leave so-obtained; The Purchasers shall bring the Sachem and right owner of such Lands before the Governoure to acknowledge satisfaction and payment for the said Lands whereupon they shall have a grant from the Governoure And the Purchase so'made and prosecuted is.to be entered upon record in the Office & from that time to be valid-to all intents and purposes." The Colonial Laws (Vol. 1 [Comp. Stat. Rev. Comm.l,:p: 149, chap: 9), October,23, 1684;also provide: "noe Purchase of-Lands from.the Indians shall bee esteemed _ v a good Title without Leave first had-and obtaineid from the Governour signified by a 1Narrant:under his hand . and Seale and entered on Record in the Secritaries office att-New Yorke and Satisfaction for the-said Purchase acknowliged_bythe Indians from whome-the . Purchase was made which is to-bee-Recorded likewise wnieh_purchase soe_made- and prosecuted and entered on Record in the office-aforesaid shall from that time be Vallid to all intents and purpoases." The parties have introduced many,Indian.,deeds and none of them covers the focus-in quo. It is not presumable.that Indian deeds covering the place have be en_discovered and withheld from the court. If any Indian-deed known to exist includes the--parcel, the_court, in the.absence of overruling adverse evidence, could infer from the record of--it-title in one claiming under.it. But if none of the deeds covers the locality, it should not-_be imagined that the Indians made-other grants that did,-and base onAhat fancy a presumption of confirmation,-to the'end that the plaintiff be compelled to-show affirmatively that such is not the fact..That would be piling a-supposition' _upon a hypothesis and requiring the plaintiff to-prove its _ non-ekistence. There-must be,:as "regards the proviso, some point of at least momentary rest for the town of, NASSAU POINT LAGOON, INC. v. BURRELL, ET AL. FARNETI, J. INDEX NO. 17139/2014 PAGE 20 Oyster Bay and those_ claiming under-it..Otherwise, no- one could ever trace title to the Andros patent. The person in possession in such case could always object that the claimant-had,not looked far enough, and-that. further search would discover that,,before 1677, the date of the patent, there had been a prior conveyance of the beach falling within the proviso. So search_ would never be definite, although in reason nothing discoverable could be expected. Two Indian deeds are invoked to show title out-of the plaintiff (Oyster Bay v Sfeh/i,-169 AD 257, 259-261 [2d Dept 1915], affd 221 NY 515 [1917]). The case law contains references to the recording of Indian deeds, not for the purpose of conveying title for the completeness of chains of title;,but often as confirmatory-documents as to-what was.intended tote transferred. The - descriptions of the contents of the Indian deeftwas,used by subsequent grantors and grantees as,evidence-of the extent of,future-conveyances and was looked to assist.in the resolution of-disputes as to ownership often in the context of actions for ejectment or trespass. "The said John Palmer also obtained a deed from the Indians, covering the same property,as described--in this patent, which deed is dated October 6,-1685, acknowledged-October 9, 1685, and recorded at the request,of Captain-Palmer ori the 27th day of October, 1.685. This Indian deed was executed,by the marks of two Indians named Pamon and Tackpousha" (Jamieson & Bond Co. v Reynolds, fi?4 AD 78,S3 _[2d, 1916)). Where there are conflicts between deeds and patents, the courts have interpreted--the -intentions of the grantor and grantee-in certain circumstances. The courts have considered antecedent conveyances #o identify the point at which a grantor .may have,taken.liberties in conveying that which had'not.been previously conveyed - (see:0yster Bay, 169 AD 257). Moreover, the New York State Constitution as-ite-xisted in 1:777 :. placed-limitations upon-the ability to contract for the purchase of land from Indian tribes. However, as to existing transactions with Indian tribes there was a saving clause, to wit; Section 36,_topreserve prior.dealings, and Section 37, a prohibition against future purchases.. There was no federal constitution in-effect to prohibit the impairment of contracts until March 4,178%,the effedvp date of the United States Constitution (see Pharaoh v Benson; 69'Misc 241-[Sup Ct, Queens County 1910]). c NASSAU POINT LAGOON, INC._v. BURRELL, ET AL. FARNETI, J. -INDEX NO. 17139/2014 PAGE 21, There has been proffered a general proposition that the Towns derived their title to lands from the Andros and Dongan Patents, the respective governors at the time of the issuance of the patents. However, both the Andros and the Dongan patents purport to be confirmatory, of existing rights, and the Andros patent contained the recital: "Whereas there is a certain Towne in the East Riding of Yorkshire upon Long Island commonly called and known by the name of South Hampton," etc. That charter was evidently granted to secure from the town recognition of the authority of the Duke of York. It appears that an order was made by the General Court of Assizes under Governor Nicolls'in 1.670, requiring the towns of Southampton, Southold and Oysterbay to give their reasons why they had delayed having theirgrants or patents renewed or confirmed. The rights-of the original settlers were recognized and confirmed by the Andros and Dongan charters, and any divisions of the common lands-made prior thereto-do-not appear thereafter to- have been questioned. However, in -view of the fact that under the Andros and Dongan charters,the legal title vested in the'-body corporate and not in the equitable owners, it would seem that,partition could not be made -as among tenants in_common, but that a transfer by the holder of the legal title was necessary to vest titleJn the aliottees (See Sanger v. Merritt, 120 N.Y.1109, 24-N.E. 386);-and it may well be doubted whether land could be transferred by parol after the Andros charter , (Shinnecock Hills-& Peconic Bay Realty Co. v Aldrich, 132 AD 1-18, 122-123 [Zd Dept 1909]). Where there is conflict as.to what was intended by a prior grantor and grantee, the courts have always been mindful of the inexactitude of prior dealings. In the words of Justice-Humphrey of the Nassau County Supreme Court, "[i]t is-not easy-to find-out.what,was running in the minds of hien more than, two hundred years dead. The best we can do is to review what.they said; what . they put into writing, and-give some reliance on what the historians say of them" (People v-Foote, 141 'Misc 409, 410-411-[Sup Ct, Nassau County 19.31]). NASSAU POINT LAGOON, INC. v. BURRELL, ET AL. FARNETI, J. INDEX NO. 17139/2014 PAGE 22 V. Conclusion On a motion for summary judgment the Court's function is to determine whether issues of fact exist not to resolve issues of fact or to determine matters of credibility (see Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395 [1957]; Tunison v D.J. Stapleton, Inc., 43 AD3d 910 [2007]; Kolivas v Kirchotf, 14 AD3d 493 [2005]). Therefore, in determining the motion for summary judgment, the facts alleged by the nonmoving party- and all inferences that may be drawn are to be accepted'as true (see Doize v Holiday Inn Ronkonkoma, 6 AD3d 573 [2004]; Roth v Barreto., 289 AD2d 557 [2001]; Mosheyev v Pilevsky, 283 AD2d 469 [2001]). The failure of the moving party to make such a prima facie showing requires denial of the motion regardless of the insufficiency of the opposing papers-(see Dykeman v Heht, 52 AD3d 767[2008];-Sheppard- Mobley - v King, 10 AD3d-70 [2004]; Celardo v Bell, 222 AD2d 547 [1995]}. Once the movant's burden is met,.the burden shifts td-the opposing party to establish-the existence of a material issue of fact (see Alvarez v Prospect-Hosp.,.68 NY2d 320- [1,986]; Winegrad v New-York Univ. Med.-Ctr., 64 NY2d 851-[1985];-Zuckerman v NeW York, 49 NYS2d-557 [1980]). However, mere allegations-, unsubstantiated - conclusions, expressions of-hope or assertions are insufficient to defeat a motion for summary judgment (see Zuckerman v-City of New York,-supra; Blake v Guardino, 35-AD2d 1022 [1970]): Given the labyrinth of Indian,-Colonial, State, Local and Federal legal concepts and analysis,'this Court concludes that noo-party herein Has sufficiently asserted any current infringement of a justiciable right or any immediate-likelihood of the infringement of any such right. Furthermore, this action is;rife with unanswered questions of fact. Summary judgment is clearly not.warrahted in the circumstances. Accordingly, plaintiffs' motion for summary judgment is,DENIED. The foregoing constitutes the decision and Order of the Court. Dated: December 1,2,-2017 _ ON EPH FARNETI --- ---_-__-- _ --- _ , --._-_------_,_ .__ �Justice Supreme Court FINAL DISPOSITION x NON-FINAL DISPOSITION 017 04-'(O� :3'00 BAYBERRY RD A Al 750 ABORN a. IN Photo ti Oft 0 2016 Pwto v4ry _ » �a til R'. �' 1. �, 'i �� :� ..>r� � Y •rR w' f ♦ q • 1 , t-. - , x a 1 ' t h rn 9 d. y y g A�a. �v ' ik " e '"FA p t _ t» _. e t .. r , , Pi Its wl' N '4 4 10 4. 40, ANO r� : 4 d•4�'4 .^ 'X 1111 � ti'J ro x+� r n �� �, a - � � :. .14 r � d - ✓ yr. ' d _ 1 intertidal marsh a f. stake Corwin water surveyor Proposed end of . ,- � ,° � fixed dock. Dennis .�, R , Telescopic Grade Rod w Drone photograph 11.27.18 rr shows location of proposed dock in relation to "the sandy beach. Location 1230 Bayberry Road, Cutchogue Alexandra Jones Property Prepared by Dennis Cole 12.2.18 i z/a � AMENDED MAP B OF SECT/ON NASSAU PO/NT CLUB PROPE T � R /ES, /NC. s/ruArE Div q NASSAU PO//VT SVFF'OLK CO.,N.Y, ---�� � 2/0 O� - ca 4 4 207 209 M ? Sco/e /00 feet=/inch. m 2.09 7 //6 y0 . Note Lot dimenrionr wre a�praximwte /y r o tL Farmer/.nes f 6nC9e Line wrc dotred 4 P'A \ • I ♦ b y z GSE tQ Los t \\ s60 M I IN II+� y40 I � r //7 ed Octoher 4a 19x3. � r G 11111111 IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII . I Illlfl IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 06/08/2015 Number of Pages: 3 At: 09:57:09 AM Receipt Number : 15-0075412 TRANSFER TAX NUMBER: 14-27327 LIBER: D00012819 PAGE: 563 District: Section: Block: Lot: 1000 116.00 02 .00 009.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $650,000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $15.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $125.00 NO TP-584 $5 .00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $60.00 NO Transfer tax $2,600.00 NO Comm.Pres $10,000.00 NO Fees Paid $12,850.00 TRANSFER TAX NUMBER: 14-27327 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County a 2 .� Number of pages RECORDED 2015 Jun 08 09:57:09 AM JUDITH R. PASCALE This document will be public CLERK OF SUFFOLK COUNTY record.Please remove all ' ' L D00012819 Social Security Numbers P 563 prior to recording. DT# 14-27327 Deed7 Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps '~ 3 FEES Mortgage Amt Page/Filing fee f1 S 1.Basic Tax Handling •00 2. Additional Tax —� 7P-584 Sub Total Spec./Assit Notation or EA-5217(County) / Sub Total Spec./Add. EA-5217(State) = TOT.MTG.TAX Dual Town Dual County R.P.T.SA. Held fdr Appointment Comm.of Ed. 5. 00 s Transfer Tax / _y •, * Affidavit — Mansion Tax fi� The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. . SubTotal YES or NO Other Grand Total d`�. !f N0,see appropriate tax clause on page# of this lnstrume L i Al 5 Community Preservation Fund a Dist. 15014348 1000 11800 0200 009000 Consideration Amount$ » Uvw Real Property IIII�IIUII�IIIIIIIII�III�IIIIINI�IIIIIIIUI Tax Service Agency (OD4MUN-1 CPF Tax Due $ Verification Improved_ 6 Satisfactions/Dlscharges/Re eases List Property Uwners mauing nuum-'s RECORD&RETURN TO: Vacant Land 1 f/NN 7' TD s jCD � r 7/ TD r Tz/ TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company information 310 Center Drive, Riverhead, NY 11901 Co.Name i www.suffolkcountyny.gov/clerk o Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached // % made by- (SPECIFY TYPE OF INSTRUMENT) s' Itf`��/�/LCSOXJ The premises herein is situated in >- /. SUFFOLK COUNTY,NEW YORK. i TO In the TOWN of In the VILLAGE * ti or HAMLET of r / BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK-ONLY PRIOR TO RECORDING OR FILING.�;r z F,"' � CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the 20 day of IWA-/ 2015, BETWEEN JANE A NELSON,residing at 136 Wickham Road,Garden City,New York 11530, party of the first part,and ALEXANDRA JONES,residing at 36 Blacksmith Court,Huntington Station,New York 11746, party of the second part, WITNESSETH,that the party of the first part,in consideration of ten dollars and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and Improvements thereon erected,situate,lying and being at Nassau Point,or Little Hog Neck,Town of Southold,Suffolk County,New York,and known and designated as part of Lot 120 on a map entitled,"Amended Map B of Section B,Nassau Point Club Properties,Inc,situate in the Town of Southold, Long island, New York"surveyed on October 4, 1923 by Otto W.Van Tuyl, C.E.and Land Surveyor, Greenport,N Y and filed in the Office of the Clerk of Suffolk County,N Y on September 26,1924,File#789,as more particularly set forth and described as follows. BEGINNING at a point on the westerly side of Bayberry Road,where the same Is intersected by the division line between lots 120 and 121 on said map; RUNNING THENCE along the westerly side of Bayberry Road(an irregular curve)the tie line of which bears South 11 degrees 09 minutes 20 seconds East 50 feet to the division line between lots 119 and 120 on said map; THENCE along said division line South 54 degrees 48 minutes 00 seconds West 288.32 feet, THENCE South 63 degrees 40 minutes West 50 60 feet; THENCE South 45 degrees 56 minutes 50 60 feet West, THENCE again along the division line between lots 119 and 120 on said map South 54 degrees 48 minutes 00 seconds West 84.68 feet to a lagoon; THENCE in a general northerly and northeasterly direction along the same the following two tie fine courses and distances:(1)North 26 degrees 20 minutes 30 seconds West 92.33 feet;(2)North 46 degrees 20 minutes 00 seconds East 225.46 feet to the division line between lots 120 and 121 on said map; THENCE along said division line North 71 degrees 53 minutes 30 seconds East 268 feet to the westerly side of Bayberry Road at the point or place of BEGINNING SAID premises being more commonly known as 1230 Bayberry Road, Cutchogue, New York 11935;Section 118, Block 2,Lot 9 on the Suffolk County Land and Tax Map BEING and Intended to be the same premises described in the deeds to the party of the first part herein by deeds in Liber 12286 page 774 and Liber 12538 page 286 TOGETHER with all right,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 or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written J�AN�LS`ON ��� SENCE OF Standard N Y B T U.Form 8002-Bargain and Sale Deed,with Covenant against Grantor's Acts-Uniform Acknowledgment Form 3290 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE i State of New York,County of Nassau SS. State of New York,County of ss On the ZD day of tH fi/ In the year 2015, On the day of In the year before me,the undersigne personally appeared before me,the undersigned,personally appeared JANE A NELSON, personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is satisfactory evidence to be the individual(s)whose name(s)is (are)subscribed to the within Instrument and acknowledged tome (are)subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/herltheir capacity(ies), that he/shelthey executed the Same In his/her/their capacity(ies), and that by hisfier/their signature(s) on the instrument, the and that by his/her/their signature(s) on the Instrument, the Individual(s),or the person upon behalf ofwhich the in idual(s) Individual(s),or the person upon behalf of which the Individual(s) acted,executed the Instrumen acted,executed the Instrument (signature and office f iv ual taking acknowledgment) (signature and office of Individual taking acknowledgment) 111600 ERTJPINN Nowy Q tic,State of New Yak No.01 FL4781022 GpiTrnissiOn Expires jams""31,2018 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State(or District of Columbia,Territory,or Foreign Country)of ss. On the day of In the year before me,the undersigned,personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the Instrument,and that such Individual made such appearance before the undersigned In the in (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgment) SECTION 118 BLOCK 2 LOT 9 BARGAIN AND SALE DEED COUNTY OR TOWN WITH COVENANT AGAINST GRANTOR'S ACTS Suffolk County STREET ADDRESS Title No. TA020215011R 1230 Bayberry RoadCutchogue,NY 11335 Recorded at Request of TRINITY ABSTRACT LLC STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS RETURN BY MAIL TO. Distributed by Kevin Finn,Esq Commonwealth r n Finn 5000 FFront Street Hempstead,NY 11550 COMMONWEALTH LAND TITLE INSURANCE COMPANY RESERVE THIS SPACE FOR USE OF RECORDING OFFICE A � t INSTRUCTIONS(RP-5217-PDF-INS1:www orps.state ny.us FOR COUNTY USE ONLY New York State Department of C1.SWIS Code l�"�I ! p I Taxation and Finance C2.Date Deed Recorded l/f / V /1 S I Office of Real Property Tax Services � •� /,, Lq RP-5217-PDF CJ.Book ( ` 1 L, O,1 1 I G.Pelta I , ,5 to Real Property Transfer Report(Bit 0) PROPERTY INFORMATION 1''Po'y 1230 Bayberry Road Location •sfrt¢Txurae •mnt¢rnuuc Southold Cutchofaue 11935 'a1T01170nr valAOE mama 2'Buyer Jones Alexandra Nems •lASTNAYpCCMiANr efQrMAK LAST AA1E.00WANr F W MAVE k•Tax Indcale whore future Tax Bills ore to be sent 1 Baling uother than buffer addrew(albottom ofform) NISTNAILCa1PANt rustrurE Addn•s 14 RAWArlbi CT r��wr S�`r4 by 1 n y6 SIRMT IMAMN ANONrwE an OR TOM erA:E moral: l Indican the number of Assessment Pert of a Penral 10hiy If Pan of a Person Check as they apply. ROTI psraeta twifferred on the deed 1 d of Parcels OR 4A,Pianning Board with SubdNtsion Authonly Effete 13 s Deed X OR 0.78 40.Subdivision Property •mynrtF .orpry ,fie Apprmrei was Required for Transfer 'Size 4C.Parcel Approvod for Subdmsron with Map Provided Nelson Jane a.sinner •rAST MAttif'O�AM• Noma LASrKQArX W~ rmsrMNe: 17.Select the description which most accurately describes the Cheek the boxes below as they appy: use of the property at the!lata of sale: B.Ownership Type Is CondanInlum rl 9.New Construction on a Vacant Lend ElA.One Family Residential IDA.Property Looted wMlnanAgriculkirolDistrict E3 108,Buyer teceh ed a disdosum active I dreabng Ihal Ota property Is In an Agria lltual DstM SALE INFORMATION 15.Chack ane or more of these conditiorra as applicable to transfer. A.San Between Relabves or Former Restores 11.sale Contract Data January 29,2015 B,Sola batween Related Companies or Perinma In Busitem. C One of the Buyers Is also a Seller •12.Date of Salon larefer May 20,2015 D Buyer or Seller[a Government Agency or Lording Institution —— E.Decd Typo not Warranty or Bargain and Sale(Specify Below) F.Sale of Fractional or Less NM Fee Interest(Speoy Below) •13.Full Sale Price 3850,000.00 O Significant Change in Property Between Taxable Status and Sale Dans (FUN sate Priceis the!del amountpaid for five properly ineNdmg H.Sale of Business is Included in Belo Price personal property, L Other unusual Factors Affecting Sate Prim(Spoay Below) Thlapsymenl mol be in the form of ceah,other property or goods.or the assumagon ofy J None mortgages or ouwr obegabens.)Please round to Ne rm aal whote do'taremowl. Comment(')on Condition: N.Indicate the value of personal property Included In the Sale $000 ASSESSMENT INFORMATION-Data should reflect the latest Final Assessment Roil and Tax Bill 16.Y.ac of Assessment Rail hem which information taken(YY) 15 •l7.Tatal Aaseaaedvaum $7,800.00 •la.Property Claes 2 1 0 — is.School District Nome Mattituck -70.Tan Rep Ideellffer(syRod IdentiR•r(s)(It mon than four,attach shoot with additional IdentNtar(s)) 118.00-02.00-009.000 CERTIFICATION I Certify that an of the Nem•of Information entered on this torn en torr.end correct(to the best of my knowledge and begen and 1 understand first the making of any willful false statement of material lett herein subject me to thelmlalona gf Na.ponaLlaw-reuws to the making and more of fell e Instruments. SELLER tic SIGNATURE BUYER CONTACT INFORMATION SIGNATURE I.rtarnron for eta buyer New•11 buyer Is LLCmdey.nsedron.mrpnnMn pint 05d,wRoany.nWe car mutyrhr is rot en indvleel mtpet er 6duclay.than o nate and moue rdamstlnn d an IndhorNdenppylalp l peril pfo ranon.crp+ca7ore repua�np Ne uomJermuy kc anaed Typeerpintdeuy) a fal GATE WM GNATURE Jones Alexandra 1 1 LAS7 rAtE rNaT NNIE •AaEA am* •IafiNnMEMaYOEni tEe 9ogMe1 oew DATE 1230 Bayberry Road '�rtepISER •ST12Er MY2 t ' r 1 Cutchogue NY 11935 L OneNTDYM 'STATE -rPCOOI ' BUY13:11LATTORM Finn Kevin ' WITHAM rvwl v E r I I r (518) 483-6480 ' AREA00012 mo,"aaEMY1®Ea ler"Noss) Name: Location: STAKING PHOTOS Photo Date: Alexandra Jones 1230 Bayberry Drive,Cutchogue,NY Jan 7,2016 _ # *- - JA t w A 1 • rairway starts here. lre�c e^ i�lO�i Y. Shows stairway alignment. {-4� �� �Vsi -- --------- LL K I I i 3• Oak trees to remain-stairs go in between. ^. Small Seward stakes show where dock will go.Dock to `t be 4'above grade with ThruFlow Decking. Fc.c.*,S Nv/i4,LLoeid— ALEXANDRA JONES 1230 BAYBERRY DRIVE CUTCHOGUE, NY 11935 SCTM: 1000-118-2-9 M 1.b-(145)-,.—@g—l— X ff 1230 Bayberry Rd-Googk Maps X + — @ X F C 0 a https,//www.googlacom/maps/place/1230+Bayberry+Rd,4Cutchogue.+NY+11935/ 40.9975996.-7,IA538443.j5,25z/data=!4m5!3m4ilsOx89e89i2747ub&Of1Ar:,wcet,935dfi9e33118n,2!3d4O,996001!4o-72442573 {? �` (� .,w �+ Apps Imported from iE M Inbox(ii-crsenvC ®COUNTY GIS Googk Calendar-; e Googk Calender-' p orthm.dh—y.gov- 7j Home-Dmpbox p https//drrve gnogl. Nassau County,M 0 Chase Clyd—Accm 0 DEC Perm t Appirca a Other bookmarks a" k Q ® ° k< 4 P 0 Eileen Santora e _ Designs LLC � o t V = Fore as 3 4 w. �n a caae" �, ❑D �''c � �`�' Nc•.v tiullolk � �x �q S!u!ryani Cutc'ingue `+ry Little Nog Grp r Neck a w�ex led fie, �',biu % tM Mnovabw Roble •' Solms Inc L-dommom r � Wunnewala lipam:a as Pont �1cr 1230 Beyberry _ Old Cuve Yacht Clud Q r bl xr ids q r w Suffolk A, ,a,�sunolkA.e , It T Yrpirl2osteo.d. udadlkrw irsrr♦: H swille,,�--r.: *OF SUUr Michael J.Domino,President O� y�l Town Hall Annex John M.Bredemeyer III,Vice-President O 54375 Route 25 Glenn GoldsmithP.O.Box 1179 Southold,New York 11971 A.Nicholas Krupski aOQ Telephone(631) 765-1892 Greg Williams ���COU Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 14, 2018 Department of the Army U.S. Army Corps. of Engineers, New York District Ronald R. Pinzon, Chief, Eastern Section Jacob K. Javits Federal Building 26 Federal Plaza New York, NY 10278-0090 RE: Permit Application Number ANA-2016-00441-EYA Alexandra Jones 1230 Bayberry Road, Cutchogue SCTM# 1000-118-2-9 Dear Mr. Pinzon: Regarding the subject application mentioned above, the Town of Southold Board of Trustees have yet to receive an application for the proposed dock depicted in the project plans enclosed in your public notice. The proposed project plans submitted do not address several issues the Board of Trustees may have with an application to construct a fixed pier leading to a ramp and floating platform. Accordingly, this Board is not in a position at this time to render a decision, nor make any relevant comments. The Board of Trustees appreciate the opportunity to review the applications while they are being reviewed with your department. Very Truly Yours, Michael J. Domino, President Board of Trustees �i QP DEPARTMENT OF THE ARMY U.S.ARMY CORPS OF ENGINEERS,NEW YORK DISTRICT n JACOB K.JAVITS FEDERAL BUILDING 26 FEDERAL PLAZA NEW YORK NEW YORK 10278-0090 AUG 2 7 2018 DiD REGULATORY BRANCH _ SEP 4 2018 SUBJECT: Permit Application Number NAN-2016-00441-EY i by Jones, Alexandra sca;hc'd Town _ Q^ r Trsv The New York District, U.S. Army Corps of Engineers, has received a request for Department of the Army authorization for the following activity: APPLICANT: Alexandra Jones 36 Blacksmith Ct Huntington Station, NY 11746 ACTIVITY: Construction of a 4-foot-wide by 18-foot-long fixed pier, leading to a 3.5-foot-wide by 14-foot-long ramp, and a 6-foot wide by 10-foot- long floating platform secured by two (2) 12-inch-diameter timber pilings. The proposed mooring structures will extend approximately 18.5 linear feet from the plane of Mean Low Water into Dug Lagoon. The purpose of this project is to provide mooring for recreational vessels. WATERWAY: Dug Lagoon, a tributary to Great Peconic Bay LOCATION: Cutchogue, Town of Southold, Suffolk County, New York As this is minor in nature, authorization may be by Letter of Permission. This is in accordance with current Federal Regulations governing work in navigable waters of the United States. To accomplish the coordination required, prior to the issuance of a Letter of Permission, your review of the enclosed drawings is requested. Pursuant to Section 307 (c) of the Coastal Zone Management Act of 1972 as amended (16 U.S.C. 1465 (c)(3)(A)), 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. In order for us to better serve you, please complete our Customer Service Survey located at http://www.nan.usace.army.mil/Missions/Regulatory/CustomerSurvey.aspx. PLEASE USE THE ABOVE 18-CHARACTER FILE NUMBER ON ALL CORRESPONDENCE WITH THIS OFFICE. SUBJECT: Permit Application Number NAN-2016-00441-EYA by Jones, Alexandra - 2 - AVG 2 7 2016 To allow for the timely processing of the subject application, your comments are requested within 20 days of the date of this letter. If you have any questions, please contact William T. Bruno, of my staff, at (917) 790-8516. Sincerely, Ronald R. Pinzon Chief, Eastern Section Enclosures fI a i" rA , SEP 4 2018 Southold Toven r ,NAN-201.,6-0 41 -EYA Map Sa7ellac- '{ rD moi. - - - 4° = = _ Project Site 1230 Bayberry Rd -` Cutchogue, NY � Location Map: � ! SEP 4 208: Alexandra Jones - _ : • _ _ ___ _. 12309 Bayberry Rd Cutchogue, NY Page 1 of 3 NAN-20 16-0 'i -EYA PLAN VIEW O ON Y -r i LAG SEP -A 7018 ° Southold Town of Trg5tees Al 9 l_ X 3�GIs 1 N s 1 �bA •`9� \��5 — '1 Q 767 \ 0 ar ti � +\ ti \ J Z PROPOSED 3.5' X 14' METAL.HINGED RAMP \ FROP05ED 4' X 18' FIXED WOOD DOCK WITH THRUFLOW COMPOSITE DECKING (DECK EL. 6.0) 9i ° lep X 20 0 20 40 60 _ g Scale: 1" = 20' PR APPLICANT: AT ALEXANDRA JONES LAGOON c/o DENNIS COLE COLE ENVIRONMENTAL SERVICES INC. NASSAU POINT P.O. BOX 471 TOWN OF SOUTHOLD MANORVILLE, NY 11949 SUFFOLK COUNTY, NEW YORK JULY 25, 2018 Page 2 of 3 NAN-20 16-0M(r=EYA SECTION VIEW ;�- ' ' it SEP ® 4 2018 L Southold Town TrusteesBoaW,pi FROPOSEpl 4'X 18'FIXE E WOOD DOCK WITH el.12A=--- GOMPOBITE DEGKIN6(D )�bD) 14'METAL HINGED RAMP 3x12 etringore,jx6 h7rall, — — -- ---- --AHW:1.2.2N-TREATED YbOD FLOATING DOCK el.oD'---- 3x4 --- ---- _ALW ol.-ID 4x4 Pwte EmboFxlowEO OOM 6'Dkmot , F y Uhtraated Hardmood PileskSq Embedded W - belon grade p� N 8'-12'Dkmotor �t Unmated Handmood Mae Embedded 1 boloHater lirls � s DOCK & STAIR CROSS-SECTION SCALE 1"=30' APPLICANT: PROPOSED DOCK ALEXANDRA JONES AT 0/0 DENNIS COLE LAGOON COLE ENVIRONMENTAL SERVICES INC. NASSAU POINT P.O. BOX 471 TOWN OF SOUTHOLD MANORVILLE, NY 11949 SUFFOLK COUNTY, NEW YORK JULY 25, 2018 Page 3 of 3 am mM 15 Rtue®Ten V Wit , Y MAPS '1000. mE �a.em.o 7 — wW7.17 • 7 "J Mill 11 MATCH ONE +36 ft--Wwc) P..d TOWN OF SOUTH LD s "W, zp 4� &m(.) 114 Im Ug—� S ol%e42- -o l - • NOTICE O-w COUNTY F SU C K L E E Real Property Tax Service Agency y G_ ------- county—ft, N Y IIVDI m ML1A[E o° Emnu. .==."--F I T N A REM P 13r tte PROPERTY MAP Cantrell, Elizabeth From: Cole Environmental Services <cesenv@gmail.com> Sent: Sunday, December 16, 2018 3:07 PM To: Cantrell, Elizabeth Subject: Re: Question RE:Address Attachments: Jones Plans_12_16_18_Stamped.pdf Hi Elizabeth, After our client spoke to a contractor regarding the new plans they asked for a slight amendment on them. The plans have been amended from a 6x10 float to a 8x10 float with the extra 2 feet coming landward. The plans have also been amended to remove mention of untreated hardwood. We will send in 4 copies to your attention. Please let us know if you need anything else. Dennis & Chris Cole Cole Environmental Services, Inc. 425 Montauk Highway East Quogue,NY 11942 631-369-9445 CES Website LinkedIn Facebook On Tue, Dec 4, 2018 at 6:50 PM Cole Environmental Services <cesenv a,gmail.com>wrote: Hi Elizabeth, Thanks for this info. We actually need to make a slight amendment on the application and we will be using the attached plans. We will send in 4 copies to your attention as well as additional drone photo of the creek and staked dock configuration. Please let us know if you need anything else. Thanks, Dennis & Chris Cole Cole Environmental Services, Inc. 425 Montauk Highway East Quogue,NY 11942 631-369-9445 CES Website LinkedIn Facebook On Fri,Nov 16, 2018 at 9:34 AM Cantrell, Elizabeth<elizabethc a,town.southold.ny.Lls> wrote: As an FYI,this application will be tentatively scheduled for our January 16, 2019 Trustee meeting with a field inspection date of Tuesday,January 8, 2019. Please remember to have any proposed structures staked out for the site inspection. Elizabeth From: Cole Environmental Services<cesenv@gmail.com> Sent:Thursday, November 15, 2018 5:43 PM To: Cantrell, Elizabeth <elizabethc@town.southold.ny.us> Subject: Re: Question RE: Address Thanks Elizabeth. It was sent out via regular mail. You should have the application shortly. Dennis & Chris Cole Cole Environmental Services, Inc. 425 Montauk Highway East Quogue,NY 11942 631-369-9445 CES Website LinkedIn Facebook On Wed,Nov 14, 2018 at 8:02 AM Cantrell, Elizabeth<elizabethc@town.southold.ny.us> wrote: 2 If the package is coming via general mail, send it to the PO Box. If you are sending UPS or FedEx,you must use: Southold Trustees,Town Hall Annex, 54375 Route 25, etc. From: Cole Environmental Services<cesenv@gmail.com> Sent:Tuesday, November 13, 2018 6:39 PM To: Cantrell, Elizabeth<elizabethc@town.southold.nv.us> Subject: Question RE: Address Hi Elizabeth, To which address should I send an application to the Board of Trustees, 54375 Main Road or P.O. Box 1179? Thank you. Kate Rummel Office Manager Cole Environmental Services, Inc. 425 Montauk Highway East Quogue,NY 11942 631-369-9445 CES Website LinkedIn Facebook 3 0 0 � 425 Montauk Highway East Quogue,NY 11942 cesenv@gmail.com (631) 369-9445 December 5, 2018 Town of Southold Town Hall Annex Board of Town Trustees 54375 Main Road _ P.O. BOX 1179 IL) Southold,NY 11971 NOV 10 2018 Lr Re: Alexandra Jones S outi,ulJ?own 1230 Bayberry Road, ar or Trustees Cutchogue,NY 11935 SCTM#: 1000-118-2-9 Dear Elizabeth/Board of Trustees, Please see the enclosed amended plans as well as Drone Photos of the Site, Creek and Stakings. Should you have any questions, please feel free to contact us. Sincerely, K6� 60411(t Chris Cole Cole Environmental Services OFFICE LOCATION: ®�®f ® MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY 11971 Telephone: 631765-1938 COU LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From: Mark Terry, AICP LWRP Coordinator Assistant Town Planning Director Date: January 14, 2018 Re: Local Waterfront Coastal Consistency Review for ALEXANDRA JONES SCTM# 1000-118-2-9 Cole Environmental on behalf of ALEXANDRA JONES requests a Wetland Permit to construct a brick walk at grade; construct a proposed 4'x18' fixed wood dock with thru-flow decking and a deck elevation of 6.0; a proposed 3.5'x14' metal hinged ramp; and a proposed 8'x10' wood floating dock. Located: 1230 Bayberry Road, Cutchogue. SCTM# 1000-118-2-9 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the action is INCONSISTENT with the Policy Standards and therefore is INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. The applicant has not demonstrated that the following dock standards pursuant to § 275-11. Construction and operation standards have been met. (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; Although it is not expected that the proposed dock will impair navigation, the area where the dock is proposed to be located is only accessible by a very narrow channel and a bridge restricts navigability to the east of the proposed dock (Figure 1). Clarify the width of the channel to the south of the proposed dock?A representative vessel has not been discussed in the paperwork or identified on the plans. r r r o r ti Figure 1. Aerial showing narrow channel to the south of the property (Google 2012). Further the proposal does not meet the below identified Chapter 275 standards. [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; All species of fish and wildlife are affected by water pollution, such as chemical contamination (including food chain effects as a result of bioaccumulation), oil spills, sedimentation, excessive turbidity, stormwater runoff, and waste disposal (including boat wastes). Cumulative impacts from an increase in docks in the waterbody may include adverse impacts to water quality and turbidity due to shallow water and operation of motorized vessels. [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. The answer to this question has not been provided. The brick walk is recommended as CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Damon Hagan, Assistant Town Attorney Peter Young,Chairman ti Town Hall,53095 Main Rd. Lauren Standish,Secretary P.O.Box 1179 Southold,NY 11971 Telephone(631)765-1889 Fax(631)765-1823 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., January 9, 2019 the following recommendation was made: Moved by James Abbott, seconded by Peter Meeker, it was RESOLVED to SUPPORT the application of ALEXANDRA JONES for a proposed brick walk at grade; proposed 4'X 18' fixed wood dock with thru-flow composite decking; proposed 3.5'X 14' metal hinged ramp and proposed 8'X 10' wood floating dock. Located: 1230 Bayberry Rd., Cutchogue. SCTM#118-2-9 Inspected by: Peter Meeker, James Abbott Vote of Council: Ayes: All Motion Carried Alexandra Jones 1230 Bayberry Road Southold,NY 11935 SCTM No: 1000-118-2-9 Project Description Proposed brick walk at grade. Proposed 4' x 18' fixed wood dock with thruflow composite decking(deck el 6.0). Proposed 3.5' x 14' metal hinged ramp. Proposed 8' x 10' wood floating dock. s ji DEC 2 0 201 Sou.lu�,d Tewn Board,of Trustees I r= James F.King,President 0f Soyo Town Hall Annex Bob Ghosio,Jr.,Vice-President 54375 Main,Road P.Q.Box 1119 Dave'Bergen Southold,New York 11971-0959 John Bredemeyer G Q Miehael J.Domino .�0��� ``�� Telephone(631)765-1892 Fax(631) 765-6641 BOAE.D OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only oasts]-Erosion Permit,Application nrF Wetland Permit Application Administrative Permit- _Amendmerit/'kransfer/Ex ion //Rec eived Application: j�,l�O`l eived Fee.$ X5pleted Application r Incomplete _SEQRA Classification: NOV Type I Type II Unlisted y Cooidinatiori:(date sent) Iz.28.1$ I,VVRP Consistency Assessment Form 4 Bn LC(_r AC Referral Sent: IZ21. $ `— --- _Date of Inspection: °�=n _Receipt of CAC Report: —Lead Agency Determination:, Xechnical Review: _Public Hearing Held: I&B Resolution: Name of Applicant Alexandra.tones Mailing Address 36 Blacksmith Court Huntington Station NY 11746 Phone Number:( ) 631-492-2677 Suffolk County Tax Map Number: 1000- 118 2 9 Property Location: 1230 Bayberry Road Cutchogue NY 11935 (provide LILCO Pole#, distance to cross streets,and location) AGENT: Dennis Cole Cole Environmental Services, Inc. :(If applicable) .Address:, 425 Montauk Highway East Quogue NY 11942 Phone: 631-369-9445 Hoard of Trustees AppL` tion GENERAL-DATA 1.08 Land Area(in square-feet): Area Zoning: R-40 Previous use of property:Residential Intended use,of property:Residential Covenants and Restrictions on property? Yes No If"Yes",please provide a copy. Villihis project require a Building Permit as per Town Code? ELYes, allo N"Yes";be advised this application will be reviewed by the.Building Dept.prior to a Board of Trustee review and Elevation Plans will be-required. Does this project require a variance from the Zoning,Board of Appeals? El Yes _E_No If"Yes',please provide-copy of decision. !trYes projectre uire any demolition as per Town Code or as determined by the Building Dept.? —66--No Does the structure(s)on property have a valid Certificate of Occupancy? W1 Yes-_DNo Prior permits/approvals'far site improvements: Agency Date No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a_governmental agencY7jWX==1L No ❑Yes If yes,provide explanation: Project Description(use attachments if necessary): To construct wooden stairs and landings,leading to a wooden fixed dock, catwalk,ramp and floating dock as is shown on the survey prepared by Nathan Taft Corwin III dated July 25,2018 4'x 43'wooden stairs and landings as follows: 4'x 18'Fixed elevated wooden dock with ThruFlow Decking 3.5'x 14'Hinged Metal Ramp 6'x 10'Wooden Floating Dock (2)8"-12"Pilings. Note: All wood used for the construction of the stairs,decking,dock and float to be Greenheart timber. Board of Trustees Appliv, ion r WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To construct stairs,with landings,leading to a 4'x 18'fixed wood dock with ThruFlow decking ramp and install a floating dock to gain riparian access to an existing dug creek. Area of wetlands ori-lot: 4300 —s uare feet Wetlands present at base of slope on property. .004 ` Percent coverage of lot: % Closest distance between nearest existing siructure-and-upland edge of wetlands: 43.7 feet Closest distance between nearest proposed structure and upland Fixed dock 4' above grade with edge of wetlands: 0 feet ThruFlow Decking Does the project involve excavation or-filling? El No�_Yes 'if yes,how much material will,be excavated?0 cubic yards How-much.material will be filled? 0 cubic yards Depth of which material will be removed or deposited: N/A .feet N/A Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: N/A Statement of the effect,if any, on-the wetlands and tidalvaters of the-town that may result by reason of such proposed operations(use attachments if appropriate): Project will have minimum impact on wetlands.Only temporary disturbance during the construction period due the installation of posts and decking. Following initial construction little or no impact to wetlands is anticipated. Dock usage will be seasonal and limited. Hoard of Trustees Applit�10n COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Stairs down existing slope leading to a ramp and floating dock to gain riparian access to dug creek. Are,wetlands-present within 100 feet of the proposed activity? ❑ NoF71 Yes Does the'project involve excavation-or filling? No �❑ Yes If Yes,how much material will be excavated? (cubic yards) How much material will be filled? {cubic yards) Manner in which material will be-removed,or deposited: Describe the nature and extent-of the environmental impacts to the subject,property or neighboring properties reasonably anticipated resulting from implementation of the project.as proposed,including erosion increase or adverse effects on natural protective features. (Use attachments if necessary) A slight environmental impact will occur during the construction phase as supporting posts will have to be installed. The ramp and decking will be constructed using ThruFlow decking thereby allowing light to penetrate to vegetation. Following construction little to no environmental impacts are anticipated. Floating dock will have adequate water depth so no portion of a vessel will contact the bottom or existing vegetated tidal wetlands. 417.20 Appendix B Short E'nvironmeniai Assessment Form Instructions for Completing Part] -Traject Warmatiorr. The applicant or project sponsor is responsible for the completion of part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verlfication. Complete Part i based on information-currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as passible based on current information. Complete all items in Fart 1. You may also provide any additional information which you believe will be needed by or uscfnl to the lead agency;attach additional pages as necessary to supplement any item. Part l-Project and Sponsor Information Alexandra Jones Name of Action or Project: Alexandra Jones Project Location(describe,and attach a location map); 1230 Bayberry Road Cutchogue NY 11935 BriefDescription of Proposed Action:. To construct wooden stairs and landings,leading to a wooden fixed dock,catwalk,ramp and floating dock as is shown on the survey prepared by Nathan Taft Corwin III dated July 25,2018 4'x 43'wooden stairs and landings as follows 4'x 18'Fixed elevated wooden dock with ThruFlow Decking 3 5'x 14'Hinged Metal Ramp 6'x 10'Wooden Floating Dock (2)8"-12"Pilings Note All wood used for the construction of the stairs,decking,dock and float to be Greenheart timber, Name of Applicant or Sponsor. Telephone: 631-492-2677 Alexandra Jones E-Ivlail; - -- journey.40@hotmail coin Address: 36 Blacksmith Ct City/pO: state: Zip Code: Huntington Station p NY 11746-1919 1,Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES" administrative rule,or regulation? If Yes,attach a narrative description of the intent ofthe proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2, ]fno,tontinue to question 2. is the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit-or approval: NYSDEC, USACE 2 3,a.Total acreage ofthe site ofthe proposed action? _ 1.08 acres b.Total acreage to be physically disturbed? .01 acres c,Total acreage(project site and any contiguous properties)owned or controlled by thu applicant or project sponsor? 1.08 acres 4. Check all land uses that occur on,adjoining and near the proposed action. �- oUrban Qitural(non-agriculture) ❑industrialommerdial ✓residential(suburban) ✓Forest Dgriculture rquatic �ther(specify): ❑Paw k#and Page i of 4 f `5. Is the proposed actiori, - . NO YES N/A a.A permitted use under the zoning regulations? LJ. . ✓ . b.Consistent with the adopted comprehensive plan? ✓ ;� 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify:- - 8__I x s 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NQ 1 YES b.Are public transportation service(s)available at or near the site ofthe proposed action? ^( c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? �✓ 9.Does the proposed action meet or exceed the state energy code requirements? IVO 'YES, If the proposed action will exceed requirements,describe design features and technologies- 10. Will the proposed action connect to an existing public/private water supply? NO YES Private dock,not requiring water connection ' If No,describe method for providing potable water:_ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment:Private dock,not requiring water connection 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ✓ b.Is the proposed action located in an archeological sensitive area? 4 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ' This is a dug lagoon. Name unknown b.Would'the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:,.008.AC - Stairs leading down-slope to a catwalk 4'above grade to a ra.. amend floating dock.--No wetlands will _ be destroyed. Decking will be made of IhruFlow open decking to allow light penetration. _ 14. Identify the typical habitat types that oceRgricultural/grasslands �,or are likely to be found on the project site. Check all that apply; ✓❑Shoreline Forest EEarly mid-successional 0 Wetland arban uburban 15.Does the site of the proposed action contain any species of a6imal,or associated habitats,listed NO YES- by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO -YES: If Yes, t-In a.Will storm water discharges flow to adjacent properties? ONO [—]YES b P ' b.Will storm water discharges be directed to established conveyance systemsrunoff and storm drains)? -if Yes,briefly describe: NO EYES Page 2 of 4 18.Does the proposed action include construction or other activities thafresulf in the impoundment of NO YES, water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size; y �j 19.Has the site of the proposed action or an adjoining property been the,location of an active or closed NO YES solid waste.management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or 'NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE 18 TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/s sorname:� Dennis W Cole,Agent Date: 11/12/2018 Signature: $.vw.%� W Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1, Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? -2. Will the proposed action result in a change in the use or intensity of use of land? V 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that cause&the establishment of a Critical Environmental Area(CEA)? S. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? b. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? ��JJ Page 3 of 4 No,or Moderate ' small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage (�=�j problems? �J 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part Z that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-terra,long-term and cumulative impacts. 7�0 r - - Check this box if you have determined,based on the information and analysis above,and any supporting documentation, t at the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town of Southold-Board of Trustees Name of Lead Agency Date _ A i c_h a e I J. Domino President Print or Ty e Nam of Res onsibl Officer in Lead Agency Title of Responsible Officer Signature of Respon le Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT Page 4 of 4 Board of Trustees Appl _tion AUTHORIZATION (Where the applicant is not the owner) I/We, �KA ID 4-6 owners of the property identified as SCTM# 1000- I 8 –2,–01 in the town of G L44-0 k 0 q u e .New York, hereby authorizes —00 L�12- dV�f/ .Za.��'►'1��T/-iii' ��t c to act as my agent and handle all necessary work involved with the application process for permit(s) from the Southold Town Board of Trustees for this property. L4 4),�. a�,d, , - - Property O er's Signature Property Owner's Signature SWORN TO BEFORE ME THIS DAY OF /y�`'��`6� 20 t g Notary Public DENEIL C WRIGHT Notary Public-State of New York NO.01 WR6267878 Qualified in New York County My Commission Expires Aug 27, 2020 Burd of Trustees Appli,' - -.ion � a AFFIDAVIT Alexandra Jones BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS TIME APPLICANT FOR THE ABOVE DESCRIBED PERMIT{S}AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/TIER KNOWLEDGE AND BELIEF,AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE BOARD OF TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S),IF GRANTED. IN COMPLETING THIS APPLICATION,I HEREBY AUTAORVE THE � TRUSTEES,THEIR AGENT(S)OR REPRESENTATIVES,INCLUDING THE CONSERVATION ADVISORY COUNCIL,TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH THIS APPLICATION]', INCLUDING A FINAL,INSPECTION. I FURTHER AUTHORIZE THE BOARD OF TRUSTEES TO ENTER ONTO MY PROPERTY AND AS REQUIRED TO INSURE COMPLIANCE WITH ANY CONDITION OF ANY WETLAND OR COASTAL EROSION PERMIT ISSUED BY THE BOARD OF TRUSTEES DURING THE TERM OF THE PERMIT. LISA VERNO Notary Public—State of New York NO OlVE6134140 Qualified in Suffolk County Signalur f Property O er My Commission Expires Sep 26,2021 SWORN TO BEFORE IVIS THIS �,2 _DAY OF�ar,)c/pn. „AP4 >20J Notary Public APPLICANUAGENT- MEPRESENTATWE TRANSACTIONAL DISCLOSURE FORM 0 0 - "ch �cegcarq to avoid same. -- - - - - - - { YOUR NAME:- 5 (Last nam'k first name,*iddle initial,unless`you are applying'in the name of someone else or other;entity;such as a company,.If so;indicate theuother person's or company's name.) g . t NAME OF APPLICATION: (Check all that apply.) Tax-grievance z - - Building 1 Variance-- -- -- - Trustee- V-7 — Change of Zone Coastal Erosion � - a Approval of plat �„ Mooring Exemptiorr from plat or official map ,._ _, Planning .._ Other Of"Other',`,name the activity.) ' 4 Do ygii, Rally','{oi`f#}�otlgh"+xbUc oOtttpanY;spouse;�sibltt�gT,pa'�iif-'br.:bhi[4)have a relationship with any officer or employee -per .__. :,,;, of the'i'oVun of 9�Dtithdl ?- afion5irip gncitdes`by,blo9tll 10-business interest "Business interest"means a business; includIng;ii.}inr[rtersliip;ia: ihicti tbi=-town o Cel of etnptay a 'cvetr,A:partial ownership of(or emp'loym'ent,by)a corporation in wh'io I thv'to i',tjf'fi_ ,bf Cmplayee ovunsynore il�ian °loTof a' hares.- YES NO, d,you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the.Towmof Southold- - Title or position of that person, -- Describe the relationship between yourself(the applicant(-agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. r The town officer,or employee or his or her spouse,sibling,parent,or child is-(check alfthat apply): _=A4,the.avmerofgleaicrttie2i:Salo' fflte;stiardoEt><i�:crpoata;stocknfflieaPtfgatit, ' •,�wiiaa-1lie,applica'f3§`a�co"ipo�dad);, ?I3)fRtielegitl�rberief(olal' wnet,of interestitianoii=cotoi�ite;eny;.(wrieittlirr . _- 4V ceni:is ngt a corpora fon .d)-_ari,offii rtdiiectbrk:�ariner�?ori�tnpI' V0*the_017110 cii ar D)the actual applicant. DESC PTION OF RELATIONSHIP -� - - - _ k - . -RONALD REBALDO NotaryPublic-State of New fork 0"e-f , Submitted this, day of 20;� No. 01 RE6101557 Signature ' �5� w Qualified In Suffolk County PrintNamet— My CoRrsytiftth Expires APPLICANT/AGENTAMP ENTATIVE >; TRANSACTIONAL DISCLOSURE FORM The t o of old' Cad�of#;th€e�}rahihim contlicts of interest.on €ie rm�og o iers and �7te sc o£ ft!farntisto vide�n ionwh" a1 e f confiica anti altaw n take w to r n is HgG MarYto&V_M Sarre. Alexandra Jones YOB'NAS: - iddie initial,treless you arc applying in the inane of If indic8ttc the other someone else or other cu ty,such as acompany. ON -_ person's or compwv,s name.) NAME OF APPLICATION: (Check all that apply) Tax grievance Building variance Trustee Wetlat Permit Change of Zane _ Coastal Erosion Approval of plat • --_f Mooring Exemption from plat or official map Planning Other (i °`other' name the activity) use,sihIo permit,or c-trild)have a relationship with any officer or employee Do you personaity_(or through ypur compsn]c,spo bl aitia z:arbuein�s interest "Business inter>st'r means a business, of theTown of Southold? "lttlations6it incitrtles by oos xi g� including o partnership.In-which tfie tawnofficer-or employceInasotien a partial ownership of(or cmployment by)a covoratiion in which flitA wrr o£ticrr or cmpioyee owns than S o bf-the shares- YES 110 _ if ybu answeredµPES",complete the balance of this form and date and sign where indicated. Name of person employed by the Tovvb,Of Southold Title or position ofthat petsan Describe the relationship between yaursetf(the applicantlagetrthepresentative)and the town officer or emp€oyes.Either check The appropriate line A)through D)and/or describe in the,spaoe provided. The town officer or employee or his or her sponse,sibling,parent,or child is(check a]1 that apply): A)the owner of greater than 5°A of the slurs of-the corparatezto&Of die aQPt*t (,hen the applicant iqA-eorporat€aa); l;)the QWft x Q0 Y-mtencst In a ndn-co Orat4 entity(�vlteih#hc appl icatrt is nota corp90tiork f ire a IlcBrrt;or C)a aotfieet,•direMr,pier.orempleyoesh pP the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted ills day of 21 Signature• PrintName r Form TS'1 Canburg Limited,The Hopton Workshop,London Road,Devizes SN10 2EU:Registered in England Wales number:6841786 Michael J.Domino,President QSIIFFQ(kt' Town Hall Annex �� OG John M.Bredemeyer III,Vice-President V_J,q 54375 Route 25 Glenn Goldsmith yt "">< P.O.Box 1179 A.Nicholas Krupskl d Southold,NY 11971 Greg Williams � �ap� Tele92 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of ALEXANDRA JONES COUNTY OF SUFFOLK STATE OF NEW YORK AFFIDAVIT OF POSTING THIS FORMIS TO BE COMPLETED AFTER POSTING REMAINS INPLACE FOR AT LEAST SEVEN DAYS PRIOR TO THE PUBLIC HEARING DATE I, L G-KA N 1D R ft 70 0 esiding at/dba 3& �Lw�rcSm t,i�rf ( g� being duly sworn, depose and say. That on the 3egday ofjo , 2011 , I personally posted the property known as U 3 v G-'er - by placing the Board of TrusteA official poster where it cansilt'be seen, a d that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wednesday, January 16, 2019. Dated: +�N��r� g� X6 19 //JJ (signature) Sworn to before me this q day of_'gr 20 �q MONIKA SOOD Notary Publlc—State of New York Notary Public NO 01506294332 Qualified in Suffolk County My Commission Expires Dec 16,2021 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: r Kora V,0 °136K 533 j C J i-clt&I uvP, JJ 1:tNR, 3.3 ta-t'h STreer, M-' 3 NldO 11 STATE OF NEW YORK COUNTY OF SUFFOLK _ L XA14T,>2A 30Ni5 , residing at Katy Vo ' a xj�-- L t qg ,being duly sworn, deposes ands ys that on the �y+4 day of -'TA J , 2018 , deponent mailed a true copy of the Notice set forth in the Board of Trusteds Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at 411 WTil i -rog) ��ej, that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. t I Sworn to befoImeth Day ofNMONIKA SOOD Notary Public—Stale of New York NO 01506294332 Qualified in Suffolk County My Commission Expires Dec 16,2021 aomplete items 1,2,and 3. A ■ Print your name and address on the reverse Si nature so that we can return the card to you. X ��� ■ Attach this card to the back of the mailpiece, Agent or on the front if space permits. B Re 'eive b 0 Addressee y(P, rynt�d Nart$p) C ate Of elivery Article Addressed to: to - -- -- - - — /-� D. Is delivery address different from E3m item 1. Y W °�'` r wN a 1[CJ6s , J If YES,enter delivery address below: c °`a /��j y� ❑No Q Q o U' N ° Rmm ° €€O OC 1 U � r /) > Z �� mm o o 4) El El El _ � o mom_. �. E 3 dmdmmrnrnd .N A.9 a¢¢oxmib om E IIIIIIIII IIII IIIIIIIII IIII III II IIIIIIIII� 3. Service Type • ��`1 N ❑❑❑ ❑ o II III ❑Adult Signature ❑Prionty Mad Expresso Adult Signature Restricted Delivery ❑Registered MatlrM • 9590 9402 1859 6104 0819 24 Certified Mad® ❑Registered Mad RestrictedI Z m o Certified Mad Restricted Dehve Delivery U o o N11mber_mansfer from service labell ❑ Ilect on Delivery ry ❑Return Receipt for ;� o i c C N ❑Collect on Delivery Restricted Delivery ❑Sign tura ConfirmattonT"I I v ' Merchandise 72Z7 a ' 2400 pppy — �_,nsuredMad �` ' — 1342 ❑Signature Confirmation a - jOM�ad Restricted Delivery �'�� • I PS Form`381 4 6 2;, ) Restncted Delivery _ duly 2015 PSN 7530-02-000-9053 > °��' °' �2-0®� —� _ Receipt rn a) w _ I. ----------_______'^_--1_ —_ • In 0 cy w r U Domestic Return v o c • J 5n+4:.it U C' X N J N C QQU�v UC � ch❑QL11;❑G N 43 fu ;m Z ' C-dMPLE-wmis °' a -r Complete items 1,2,and 3. • _ `� _ rq o I h aSi�n ture • o o ■ Print your name and address on the reverse ;�Cj >, m C rq o so that we can return the card to you. 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A— —� --m ❑Collect on Delivery El Re Receipt for r<cfr�m_sen/ICe l2_-bell_ ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation*M I 01r 7 2 4 Q� D 01 — ❑-Insured Mail �'3 8 4 8 6 ❑signature Confirmation PS'Form 3a 11,—Y 20`15'PSN 1530-02-000-9053 ,stricted Delivery Restricted Delivery Domestic Return Receipt Postal Service" 'U.S. Postal-Servicla TM , C ,n ERTIFIED MAILP RECEIPT CERTIFIED MAILO RECE,IPT Ln Domestic Mail Only rU Domestic Mail Only co IrLlCertified Mail Fee ru 0 F 1j P A L zi- Certified Mail Fee MM r-3 $ rq $ Extra Services& ees(cnech-cox,acid,fee ON S�,j Sery Des&Fees(check box,add fe pt r.q ❑Return Revel (hardeopy) $ ❑Return Receipt(hardcopy) $ C3 ❑Return Receipt(electionle) $ r ❑Return Receipt(electronic) $ .3 a* r_3 C1 Certified Mail Restricted Delivery $ Postm r ❑Certified Mail Restricted Delivery $ C3 E]Adult Signature Required Here _3 GTO $ r-3 ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery$ JAN-9 2019 ❑[]Adult Signature Restricted Delivery$ M Postage C3 Postage 114* C3 C3 = $ e rU Total Postage and Fees 61 Postage and zo/s $ AS(P ru $ Of Sent To r%- 1, Sent To C3 -fff r"r STA -Sheet andA o.,FIT0.5i-wo----------—------------------------------------------ - ----------------- r% •- i'e Stade;-- -------- "13 C7fNy-gjW67- - -T------------------------- k 11-77-j A Ael I P. 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JS •----------------------I--------- I -- C\ \4 b1-r, ( 6 34 jr=ftll 1:11 0 1 1 1 PS Form 3800,April 2GIS;PSN 7530�02-000-9047 See Reverse for Instructions PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: '?75' ::ik'.w 'r' _ •=s;:T';;:,:kNr .:', ':.y. Y .:' Xii;a} . :.;r','•' - -- ,. ;'3'�s';,,...�`, ,'ti - $�-Vii'„,;^,,• >s_ STATE OF NEW YORK - COUNTY OF SUFFOLK residing at being duly sworn, deposes and says that on the day of , 20____, deponent mailed a`true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at , that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. i i Sworn to before me this Day of , 20 Notary Public ,NUTILL: U1 HL: AKING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Southold Town Board of Trustees at the Town Hall, 53095 (\/lain Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: ALEXANDRA JONES SUBJECT OF PUBLIC HEARING : For a Wetland Permit to construct a brick walk at grade; construct a proposed 4'x16' fixed wood dock with thru-flow decking and a deck elevation of 6.0; a proposed 3.5'x14' metal hinged ramp; and a proposed 8'x10' wood floating dock. Located : 1230 Bayberry Road, Cutchogue. sCTIVI# 1000-118- 2-9 TIME & DATE OF PUBLIC HEARING : Wednesday, January 16, 2019 — at or about 5:30P. M . If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 Tows:of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUMONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law.' This assessment is intended to supplement other information used by a Town of Southold agency in making a.determination of consistency. `Except minor exempt actions including Building,Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of,this,form.should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program., A-Rrojosed action willbe evaluated. as to-its sib beneficial and adverse effects upon the coastal area twhioh includes ail of Southold Town). 3: If any question in Section C on this form is answered "yes"or"no", then the proposed action will 'affect the achievement of the LWRP policy standards•and conditions-contained in the consistency review law. Thus, each answer must be exPlamed in detail, 16-ting both supporting and non- synorting LaIts,. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net),the Board of Trustees Office,,the Planning Department, all local libraries and the Town Clerk's office. B. , DESCRIPTION OF SITE AND PROPOSED ACTION SCTAY 1000 118 _ 2 9 ,. PROJECT NAM Jones Property The Applieation has been submitted to(check appropriate response): Town Board ® Planning Board[3 Buii* Dept. Board,of Trustees 1. Category of Town of Southold agency action(check appropriate'response): (a) Action undertaken directly by,Town agency(e.g.capital -construction,planning activity,agency regulation,land transaction),, .(b). Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action: To,construct wooden stairs and landings, leading to a wooden fixed dock, catwalk,_ ramp,,and, an Tatt Corwin ii,qatectu y , 2018 „ 4' x 43' wooden stairs and landings as follows: 3.5' x 14' Hinged Metal Ramp 6' x lo' Wooden Floating Dock J 2) 8" 12" Pilings Note, all NgQd used for the nnng*ruglJon of the ataira. decking. dock and float to be Greenheart timber. Location of action' 1230 Bayberry Road Cutcchogue,NY 11935 Site acreage: 1.08 Present land use: Residential Present zoning classification: R-40 2. If an application,for the proposed action bas been filed with the Town,of Southold agency, the following information shall be provided: (a) Name of applicant:Alexandra Jones (b) Mailing address: 36 Blacksmith Ct Huntington Station NY 11746-1919 (c) Telephone number:Area Code{ }631-492-2677 (d) Application number,if any: - Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes 0 No If ye's,'which state or federal agency?NYSDEC,USACE C. Evaluate the project to the following policies by,analyzing ho*4he project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy I. Foster a pattern of development in the-Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies;Page 2 for evaluation criteria. �✓ Yes 17 Na rl Not Applicable Property has waterfront access and accordingly, the 6"e'r wishes to construct stairs, dock, ramp and float so as to realize their rinaadin rights. Attach additional sheets if necessary Policy 2. Protect and ,preserve historic,;and.,archaeological•resources•of the Town of Southold. See LWRP Section III=Policies Pages 3 through 6 for evaluation criteria Yes 13 No Not Applicable Attach additional sheets if necessary Policy I Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section XII—Policies Pages 6 through 7 for evaluation criteria " ® Yes No ✓M Not Applicable r Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from~flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria IM Yes 1NNo'M-Not Applicable Structure will be.,designed so,,as,to provide efficient, safe access to the waterfront. Attach additional'sheets ifnecessary Policy S. Protect and improve water quality and-supply in the Town of Southol&See LWRP Section III —Polities Pages 16 through 21 for evaluation criteria Yes ® No 0 Not Applicable Dock-and-MM are to be const:rttctedin-arrordanr yAth the NYSDRr Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems-including Significant Coastal Fish and'Wildlife'Habitats and-wetlands� See LWRP Section III Policies; Pages 22 through 32 for evaluation criteria. YDS NO N/A Yes Wo Not Applicable Attach additional sheets ifnecessary Policy 7. Protect and improve air quality in the Town of Southold. See.LWRP Section III —Policies Pages 32 through,34 for-evaluation criteria. ® Yes No Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous- substances and wastes. See LWRP Section III—"Policies;Pages 34 through`38 for evaluation criteria. Yes ® No Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access,to, and.recreational use of, coastal,waters, public lands,,and public. resources of the Town of Southold. ,See LWRP Section III;Policies; Pages 38 through 46 for;evaluation criteria. El YeAM No M Not Applicable Attach additional sheets if necessary f WORE3 NG COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies;Pages 47 through 56 for evaluation criteria. �7✓ Yes ® No ® Not Applicable Proposed action is to construct a small private dock to provide riparian access to the existing inland waterway connecting to Great Peconic Bay. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town[waters.-See LWRP Section III--Policies;Pages 57 through 62 for evaluation criteria. El Yes ® No[Z Not Applicable ` Attach additional sheets if necessary Policy 12. Protect agricultural Iands-in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. El Yes FO No 1Z Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate-use and development of energy and mineral resources. See LWRP Section III—Policies;Pages 65 through 68 for evaluation criteria. Yes No Not Applicable pREWARED BY Dennis W.Cole,Agent TITLE-94a: r DATE 10.18.18 717 C a e 425 Montauk Highway East Quogue,NY 11942 cesenv@gmail.com (631)369-9445 November 13, 2018 Town of Southold Town Hall Annex Board of Town Trustees 54375 Main Road P.O. BOX 1179 Southold, NY 11971 11 �V NOV 1 6 2018 Re: Alexandra Jones 1230 Bayberry Road, Southold Tawn Cutchogue, NY 11935 ar of Tru ces SCTM#: 1000-118-2-9 To Whom It May Concern, Ms. Jones is applying for permits to install a dock on her property which would lead to a dug waterway. As the Board may know, there was some controversy with respect to the rights to use the waterway and the underwater lands. Enclosed is a NYS Supreme Court decision which asserts that the adjacent owners of the dug waterway do have the right to file for riparian access to the waterway. The following items are also enclosed: 1. Application Fee 2. Completed Board of Trustees Application 3. Short Environmental Assessment Form 4. Authorization Form 5. Affidavit 6. Agent Transactional Disclosure Form 7. Applicant Transactional Disclosure Form 8. LWRP Consistency Assessment Form 9. Project Plan 10. Location Map and Photographs 11. NYS Supreme Court Decision 12. Survey Should you have any questions, please feel free to contact us. Sincerely, --V� g^lvj.4 gate Rummel Office Manager Cole Environmental Services i