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HomeMy WebLinkAboutTR-9873 Glenn Goldsmith, President Town Hall Annex 54375 Route 25 A.Nicholas Krupski,Vice President P.O. Box 1179 Eric Sepenoski Southold,New York 11971 Liz Gillooly Telephone(631) 765-1892 Elizabeth Peeples �� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 17, 2024 Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 RE: 106 MULBERRY CORP. 750 WEST LAKE DR, SOUTHOLD SCTM# 1000-90.-2-1 Dear Mr. Anderson: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, March 20, 2024: RESOLVED that the Southold Town Board of Trustees grants a Final One (1) Year Extension to Wetland Permit#9873, as issued on April 14, 2021. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office.. Sincerely, Glenn Goldsmt , President Board of Trustees GG/ec Glenn Goldsmith,President F , �ip ,o Town Hall Annex A.Nicholas Krupski,Vice President me 'µ 54375 Route 25 Eric Sepenoski �T n° P.O.Box 1179 Liz Gillooly � g t Southold,NY 11971 Elizabeth Peeples Telephone(631)765-1892 Fax(631)765-6641 Southold Town Board of Trustees Field Inspection Report Date/Ti me:lU y& 1,9, U.? Completed infield by: '\2A & Suffolk Environmental Consulting, Inc. on behalf of 106 MULBERRY CORP. requests the Final One (1) Year Extension to Wetland Permit#9873, as issued on April 14, 2021. Located: 750 West Lake Drive, Southold. SCTM# 1000-90-2-1 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Part of Town Code proposed work falls under: Chapt. 275 Chapt. 111 other Typ of Application: Wetland Coastal Erosion Amendment Administrative Emergency Pre-Submission Violation Notice of Hearing card posted on property: Yes No Not Applicable Info needed/Modifications/Conditions/Etc.: Present Were: G. Goldsmith N. K�ru ski E. Sepenoski L. Gillooly E. Peeples Suffolk Environmental Consulting, Inc. Newman Village Suite E 2310 Main Street PO Box 2003 • Bridgehampton NY 11932-2003 t 631.537.5160 c 516.527.4290 -.. ....... J Via E-mail &Regular Mailirt P � P March 7, 2024 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 Re: 106 MULBERRY CORP Property-Request for Extension Situate: 750 West Lake Drive • Southold, NY • 11971 SCTM#: 1000-90.00-02.00-001.600 Permit#: 9873 Dear Members of the Board, As you remember, this Firm represents the owner of the above referenced property,who is still pending approval from the New York State Department of Environmental Conservation (NSYDEC) for improvements thereon. In that Trustees Permit No. 9873 benefiting subject property will expire shortly,kindly allow this correspondence to act as our formal request to extend same for an additional one (1) year. Please find enclosed a check made payable to the "Town of Soittholcl" in the amount of $ 100.00 to cover the extension request. Should you have any questions, please feel free to contact this office at any time. Thank you as always for your attention and consideration. Sincerely, Matt D. Ivans enc. cc: S. Moy M. Solomon Glenn Goldsmith,President Town Hall Annex •, A. Nicholas Krupski,Vice President 54375 Route 25P.O. Box 1179 Eric Sepenoski Southold,New York 11971 Liz Gillooly Telephone(631) 765-1892 Elizabeth Peeples Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD March 16, 2023 Robert W. Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932-2003 RE: 106 MULBERRY CORP. 750 WEST LAKE DRIVE, SOUTHOLD SCTM# 1000-90-2-1 Dear Mr. Anderson: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, March 15, 2023: RESOLVED that the Southold Town Board of Trustees grants a One-Year Extension to Wetland Permit#9873, as issued on April 14, 2021. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office. Sincerely, Glenn Goldsmith President, Board of Trustees GG:dd Glenn voldsmith, President Town Hall Annex A.Nicholas Krupski,Vice President 54375 Route 25 Eric Sepenoski P.O.Box 1179 Liz Gillooly ' * Southold,NY 11971 Elizabeth Peeples Telephone(631)765-1892 Fax(631)765-6641 Southold Town Board of Trustees Field Inspection Report Date/Time: ;Iii.1m Completed in field by: 2w?A�fV6 10 Suffolk Environmental Consulting, Inc., on behalf of 106 MULBERRY CORP., requests a One (1) Year Extension to Wetland Permit#9873, as issued on April 14, 2021. Located: 750 West Lake Drive, Southold. SCTM#: 1000-90-2-1 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Part of Town Code proposed work falls under: �Chapt.275 Chapt. 111 other Type of Application: Wetland Coastal Erosion Amendment Administrative Emergency Pre-Submission Violation Notice of Hearing card posted on property: Yes No Not Applicable Info needed/Modifications/Conditions/Etc.: Present Were: G. Goldsmith N. Kru ski E. Sepenoski L. Gillooly E. Peeples Suffolk Environmental Consulting, Inc. Newman Village • Suite E • 2310 Main Street PO Box 2003 ® Bridgehampton NY 11932-2003 t 631.537.5160 f 631.537.5291 Bruce Anderson,M.S.,President Hand Delivered March 711,, 2023 Board of Trustees Town of Southold P.O.Box 1179 Southold, NY 11971 RE: 106 MULBERRY CORP Property—Request for Extension Situate: 750 West Lake Drive • Southold, NY • 11971 SCTM#: 1000—90.00—02.00—001.000 Permit#: 9873 To whom it may concern, In satisfaction of the requisite fee, enclosed herewith,please find a check made payable to the Town of Southold, in the amount of fifty dollars ($50.00). Thank you for your time and consideration regarding this request. Should you have any questions or concerns pertaining to this matter, please feel free to reach out to this Office at any time. Yours Truly, E C % � MAR 20 Robert W. Anderson Southold Town Board of Trustees C.C. S. Moy M. Solomon Suffolk Environmental Consulting, Inc. Newman Village - Suite E 2310 Main Street PO Box 2003 - Bridgehampton NY 11932-2003 t 631.537.5160 • f 631.537.5291 Bruce Anderson,M.S.,President Gr Fr G1 l March ls'. 2023 SENT via REGLILAR MAIL MAR 2023 Board of Trustees Town of Southold Southold T(Tw—n—' P.O.Box 1179 Board of Trustees Southold, NY 111171 RE: 106 MULBERRY CORP Property–Request for Extension Situate: 750 West Lake Drive - Southold, NY - 11971 SCTM#: 1000–90.00–02.00–001.000 Permit#: 9873 Dear Members of the Board, This Firm represents the owner of the subject property,who due to extended review from the NYSDEC, requires an extension to the subject permit for a period of one (1)year subsequent to the subject permits expiration. Thank you for your time and consideration regarding this request. Should you have any questions or concerns pertaining to this matter, please feel free to reach out to this Office at any time. Yours Tru:I Robert W. Anderson C.C. S. Moy M. Solomon July 8, 2022 C E, I lel E The Office of the Southold Trustees President Glenn Goldsmith 54375 Main Road Southold, NY 11971 Urgent request for intervention Mr. Goldsmith, I know that I do not need to remind you of our ongoing battle with Mr. Moy over the deterioration of the bulkhead within West Lake.......After 12 yrs of battling and waiting, nothing has happened. Except the continued deterioration of the bulkhead. In the recent months the bulkhead has breached in many spots, exposing the structural failing of the tie rods that hold back the bulkhead itself.Yesterday, Mr. Moy authorized his contractor to put his gangway in place for the summer—DIRECTLY IN FRONT OF A BREACH AND CAVITY— in the land behind the bulkhead. As an officer of the West Lake Inc. HOA, I am extremely concerned as the danger and liability this situation this has on our organization.Technically, regardless of the previous determination made by your department, WE, THE WEST LAKE INC. HOA are ultimately responsible for maintaining the safety to the public on land controlled by us. We are extremely concerned that Mr. Moy and his contractor will backfill the cavities which will place enormous pressure to the bulkhead and increase the failure rate and possibly seriously cause injury to anyone in the area, or worse. Please review the attached photos. All we are asking is for your office, and any other Southold department to STEP IN and prevent the infill of the cavities,fence off the area and PROTECT THE PUBLIC and the environment. CSO NOT WAIT - PLE SE ACT TODAY Sincerely, �J WW Kenneth Quigley the West Lake Inc. Vice Chairman 71� X0 Z 7&/z-- n v f wY� h ,lull%��%�rll� 'll ��ji� � � gad r � w• � i py fP N 1 � Directly in front of Gangway On public roadway owned Controlled by West Lake JUL - 6 2022 Town �u r ✓ ✓m a�j�4' d r l ruste u y I� N ,'r ✓r e J ,� 8 ✓��,J in ei t 7- a' � p Vii � Extended area of Mr. Moys Private Property that leach sand into West Lake Channel Glenn Goldsmith, President �QF S0(/ry Town Hall Annex A.Nicholas Krupski,Vice President ,`O� ��� 54375 Route 25 P.O.Box 1179 John M. Bredemeyer III Southold,New York 11971 Michael J.Domino G Telephone(631) 765-1892 Greg Williams Fax(631) 765-6641 oI�cou BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SOUTHOLD TOWN-BOARD OF TRUSTEES YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE ACTIVITIES CHECKED OFF BELOW INSPECTION SCHEDULE - 'Pre-construction; haylb'ale line/silt--boom/silt curtain = 1st day'of construction- Y2 constructed When ro'ect corgi tete, call-for corn liance ins p ectidh; p 1 p _ p p W Ps co CI 'Am W! I ,A BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK 11 PERMIT NO. 9873 DATE: APRIL 14,2021 k ISSUED TO: 106 MULBERRY CORP. �'D PROPERTY ADDRESS: 750 WEST LAKE DRIVE, SOUTHOLD ; 3 To nil ,I, 911 SCTM# 1000-90-2-1 - AUTHORIZATION Re t4�> Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on April 14,2021 and in consideration of application fee in the sum of$250.00 paid by 106 MulbeLry Corp. and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the lit following: 'Z Wetland Permit to construct a two story,single family dwelling(25lx42'411,±1,058.25sq.ft.)with attached 7.3'x48.2' (351.86sq.ft), deck on south side of dwelling; install a 25'x6l (±150sq.ft.) stone driveway,a 12'x201 parking area on west side of proposed dwelling, and an 11'x20' parking area on north side of proposed dwelling; install a new innovative, alternative nitrogen reducing water treatment system (AI/OWTS); install sanitary retaining wall at an overall length of 99.5' and a width of 8.0"across the top of the wall; and to replace the failing bulkhead on west side and north side of the lot as well as to replace the wood jetty which extends into West lake,consisting of 198.0 linear feet of bulkhead to be replaced along the westerly and northerly portions of the subject property with the following measurements: timber top cap: 2.251 wide extended along the entirety of the bulkhead to be replaced, 9" diameter timber piles, 6"x6" timber whalers, :L6.0' long tie-rods, ±61' diameter dead-men, and the use of vinyl sheathing (CLOC or similar); the bulkhead return locatedperpendicular to the northerly portion of the bulkhead to be wid replaced at an overall length of 11.0'with a 2.25' e to ca 9.011 diameter piles,6"x6l'timber walers,±6.0' long tie-rods,±6"diameter dead-men,and vinyl sheathing(CLOC or similar);the existing wood jetty to be replaced with new 15.0' long jetty with 9.0" diameter piles placed IS o/c alternating between the east and west sides of the jetty, the use-of vinyl sheathing (CLOC or similar), 6"x6" timber walers on both sides of the etty, and 2.75' tie-rods; existing wood dock assembly to be removed at the start of the bulkhead replacement and re-installed in-kind and in place at the completion of the bulkhead replacement consisting of a landward 5'x5' wood platform to a 14.1'x3.5' I wooden ramp with 3.5' tall railings; a 13.5'x7.0'wooden float secured by four(4)9.0"diameter piles with two on the i landward side of the float and two on the seaward side of the float ; with the condition of a planting in front of the f retaining wall and that the retaining wall shall not exceed 2.5' in face elevation; and as depicted on the site plan YpPBa prepared by Joseph Fischetti,PE,dated January 21,2021,and stamped approved on April 14,2021 and the survey prepared by David H.Fox,L.S. P.C. received on April 6202,and stamped approved on April 14 2021. IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed,and these t! presents to be subscribed by a majority of the said Board as of the 14th day of April,2021. Mt COO J ael J.Do ino-NAYE �r"4........ • w..........­'t ------ TERMS AND CONDITIONS The Permittee _1.06 Mulberry Corp., residing at 750 West Lake Drive, Southold,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 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 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 said Board will be notified by the Permittee of the completion of the work authorized. 9. 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. 10. No right to trespass or interfere with riparian rights. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Glenn Goldsmith,President �QF soar Town Hall Annex A.Nicholas Krupski,Vice President 01 1 54375 Route 25 P.O. Box 1179 John M.Bredemeyer III Southold,New York 11971 Michael J.Domino ua >r G Q Telephone(631) 765-1892 Greg Williams �`� �� Fax(631) 765-6641 �yCOUNTY,� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 20, 2021 Bruce Anderson, President Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridge hampton, NY 11932-2003 RE: 106 MULBERRY CORP. 750 WEST LAKE DRIVE, SOUTHOLD SCTM# 1000-90-2-1 Dear Mr. Anderson: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, April 14, 2021 regarding the above matter: WHEREAS, Suffolk Environmental Consulting on behalf of 106 MULBERRY CORP. applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated February 3, 2020, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policies 4 and 6.3 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements; the submission of a revised plan; and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on December 21, 2020 and April 14, 2021, at which time all interested persons were given an opportunity to be heard, and, L WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, -- - - ------ - -- -------- ------------------------- WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of 106 MULBERRY CORP. to construct a two story, single family dwelling (25'x42'4", ±1,058.25sq.ft.) with attached 7.3'x48.2' (351.86sq.ft), deck on south side of dwelling; install a 25'x6' (±150sq.ft.) stone driveway, a 12'x20' parking area on west side of proposed dwelling, and an 11'x20' parking area on north side of proposed dwelling; install a new innovative, alternative nitrogen reducing water treatment system (AI/OWTS); install sanitary retaining wall at an overall length-of 99.5' and a.width of 8.0" across the top of the wall; - and to replace the failing bulkhead on-west-side and north-side-of the lot-as well asto replace the wood jetty which extends into West lake, consisting of 198.0 linear feet of bulkhead to be replaced along the westerly and northerly portions of the subject property with the following measurements: timber top cap: 2.25' wide extended along the entirety of the bulkhead to be replaced, 9" diameter timber piles, 6"x6" timber whalers, ±6.0' long tie-rods, ±6" diameter dead-men, and the use of vinyl sheathing (CLOC or similar); the bulkhead return located perpendicular to the northerly portion of the bulkhead to be replaced at an overall length of 11.0' with a 2.25' wide top-cap, 9.0" diameter piles, 6"x6" timber walers, ±6.0' long tie-rods, ±6" diameter dead-men, and vinyl sheathing (CLOC or similar); the existing wood jetty to be replaced with new 15.0' long jetty with 9.0" diameter piles placed 1.5' o/c alternating between the east and west sides of the jetty, the use of vinyl sheathing (CLOC or similar), 6"x6" timber waters on both sides of the jetty, and 2.75' tie-rods; existing wood dock assembly to be removed at the start of the bulkhead replacement and re-installed in-kind and in-place at the completion of the bulkhead replacement consisting of a landward 5'x5' wood platform to a 14.1'x3.5' wooden ramp with 3.5' tall railings; a 13.5'x7.0' wooden float secured by four (4) 9.0" diameter piles with two on the landward side of the float and two on the seaward side of the float ; with the condition of a planting in front of the retaining wall and that the retaining wall shall not exceed 2.5' in face elevation; and as depicted on the site plan prepared by Joseph Fischetti, PE, dated January 21, 2021, and stamped approved on April 14, 2021 and the survey prepared by David H. Fox, L.S., P.C., received on April 6, 2021, and stamped approved on April 14, 2021. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) Fees: $ 50:00 Very truly yours, Glenn Goldsmith President, Board of Trustees GG/dd TEST HOLE DATA 17 McDONALD GEOSCIENCE FEB. 22, 2019 APPROVED BY EL=5.9 0.0 MIXED SAND AND LOAM BOARD OF 1 RUSTEES GW EL 0.4 WATER IN 5.5 TOWN OF SOUTHOLD MIXED SAND AND LOAM 11.0 DATE WATER IN PT Y WES BROWN BOG o o E 13.0 �o K % ► "V WATER IN o BROWN SILTY SM SAND c, 6O /'- 15.0 zoo `' o� O 0 1 WATER IN O O�Q PALE BROWN SW moo lO FINE TO oar E I COARSE SAND o=a z 21.0 0 o w a amW r r s APPROX ti m HWM o PROPOS o EO UNE 2 g3 3 OF Hq YBALES WELL WE TLA WARD E OF TIDAL GR LAN ED WE rOF OF TDS AS HREAD ELlas 2 \ ' . \ SUFFOLK ENVORNME 20L CONSULTING INC.STDILINJ E t ON FEB 2019 _ - - _LAK R (33' WIDE) A 8 / , SPR DRI P. PERVIOUS c/ ��/ ~\ \ ' v' o S70. 3 50 VEWAY _ _ T J h 11 (7) — ,_=P —___ _______ .04'L_ POLE / 4.1 TO EO RETAI -G W _ �g — EXISTING WATER MAIN N m Lo T OF WALLMN 4) =/l _ _ EXISTING � f 11g I / 11 N7 STONE ROADWAY N MONITOR / II 0�43'SO"yy ,^ —_� / V WELL O 1 FE MONITO // / \1 /� LR /� LP �I� 300 WELL .p H I —� C) O' I it �_� /DP c \ �_ J 1 FE / \1 r/ I I' 4 I A /l/\ EP /T �\ / 11' MONITOR WELL CP -/ 1 LP0 / 1 I CP .b, �� I = / / •p/MINS 1 PROP WA TER r lll\\\\\ SERVICE I T O O � 42 q J�oo '� HOLE 5 gA _ 15 sr PROPOSED LOCATION / 4 92 LJrl I (3-BEDROOM) J FE=14.0 o N . DWELLING Lot _ a �(0 4 I L 6�� W/PUBLIC WATER I ^� (NON—TURF 6 oa. 3 S t Soho w Or fora erl BUFFER PROPOSED O S Ep I S C O PRESENT MAINTAINED IN DECK pof Church APP - �, 202 M 4&.z' } y95 1 N i T LMPEa CURB �1 I 1 OF PROPOSED LIN TALK �� �- ---�_I I I I HAYBALES E ELB 5.5D NON_DISTURBANCf 8(1RFE N N j ---�� R , 1 - m o o I Survey for: W00'D��KHEgp 2 ' I I' c�V N N f �)j MAR. 24, 2021 ADDED NOTE 6.Og� I 1 0 106 MULBERRY CORP. JUNE 12, 2019 IND. PROP STRUCTURES ID N1039'33toW N69•44�34„� EACH I -`-�_I ' I_L Lot 119, "Cedar Beach Park” DATE: APR. 16, 2019 JOB N0: 2019-172 1At APP W TIE ROX ALONG PROPOSED 4•89.93, - CERTIFIED T0: HWM PROP PA Bayview g � TM 106 MULBERRY CORP. Town of Southold 3 o Suffolk County, New York �\ �`` ,� H 3 S.C.T.M.: 1000-090.00-02.00-001.000 t i 4 LIT ZD D ZD : ONI C SCALE:1"=20' <� O NOTES: o 1. TOTAL AREA = 8,861 S.F. O LAND ADJACENT AREA = 8,434 S.F. DAVID H. FOX, L.S. P.C. N.Y.S.L.S. #50234 2. 0 = SPIKE SET, •= REBAR FOUND. FOX LAND SURVEYING 3. SUBDIVISION MAP "CEDAR BEACH PARK" FILED 64 SUNSET AVENUE WESTHAMPTON BEACH, N.Y. 11978 IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY (631) 288-0022 ON DEC. 20, 1927 AS FILE NO. 90 4. ELEVATIONS SHOWN HEREON ARE REFERENCED TO UNAUTHORIZED ALTERATION OR ADDITON TO THIS SURVEY IS A VIOLATION OFSECT10N 7209 OF THE NEW YORK STATE N.A.V. DATUM 1988. EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LANG SURVEYOR'S INKED SEAL OR EMBOSSED SEAL 5. THIS PARCEL IS WITHIN FIRM ZONE VE(EL 10) AS SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY, DILINEATED ON FIRM BOUNDARY MAP NO. CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE 3610300169 H LAST DATED SEPT. 25, 2009 PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY 6. SANITARY DESIGN PER OTHERS. AND LENDING ITU TION LISTED HEREON AND TO THE THE ASSIGNEES OF THE LENDING INSTITUTION CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEOUENT OWNERS. 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REINFORCING BEFORE PLACEMENT OF CONCRETE APR NCN-DISTURBANCE BUFFER- 1-1 0y"g�9 /5 REBAR O R'EACH WAY IN FOOTING I I DAL 1 N69'44'34"W 89 9J• SC:;1.1'JI� �LT}1tV;1 I N10'39'609 cmovxsm°para RETAINING WALL DETAIL aQC wYO BGc(UGTTfuSi2E> LEGEND N.T.S. DRAWN BY JF/JP B — =EXISTING GRADE - Y — v:PROPOSED GRACE LP=LEACHING POOL JANUARY 21,2021 FP m EXPANSION POOL DP DISTRIBUTION POOL= LITTLE PECONIC BAY DouW SCALE AS NOTED SHEET NO QTTF PT AN 1 F014,-0.92 Glenn Goldsmith, President hyo ay Town Hall Annex A Nicholas Krupski, Vice-President y 54375 Route 25 John M. Bredemeyer, III o P.O. Box 1179 Michael J. Domino 'yilj o� Southold, NY 11971 Greg Williams '�' �a Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: 106 MULBERRY CORP. c/o SUFFOLK ENVIRONMENTAL Please be advised that your application dated February 3, 2020 has been reviewed by this Board at the regular meeting of April 14, 2021 and your application has been approved pending the completion of the following items checked off below. Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1't Day of Construction ($50.00) '/z Constructed ($50.00) x Final Inspection Fee ($50.00) - Dock Fees ($3.00 per sq. ft.) The Permittee is required to provide evidence that the non-turf buffer condition of the Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. 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. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $_50-00 `( ���21 BY: Glenn Goldsmith, President 'f 2`E Board of Trustees Suffolk Environmental Consulting, Inc. Newman Village ® Suite E 2310 Main Street a PO Box 2003 ® Bridgehampton NY 11932-2003 t 631.537.5160 f 631.537.5291 Bruce Anderson,M.S.,President HAND DELIVEREDF�! . A E W E" April 22nd, 2021Board of Trustees 2 3 2021 Town of Southold P.O. Box 1179 Southold Town Southold, NY Board of Trustees 11971 RE: 106 MULBERRY CORP. Property_- Final Inspection Fee SCTM#: 1000 - 090 - 02 - 01 Situate: 750 West Lake Drive •Southold,NY •11971 Dear Members of the Board, As per the Boards request, please find a check made payable to the Town of Southold in the amount of fifj dollars ($50.00) in full satisfaction of the requisite application fees. Thank you for your time and consideration regarding this matter,please feel free to reach out with any questions or concerns that you may have. Yours truly, Robert W. Anderson (enc.) 11/16/2020 unnamed.png Sent: Thursday, February 6,2020 1124 AM To: 'robert@suffolkenvironmental.corrt' Subject: 106 Mulberry Corp./Moy;SCrtvt# 1000-90-2-1 Good Morning Robert, A preliminary review of your application for the above reference property has found several incomplete portions of the application that need to be updated/revised. I am listing what was found and requesting that revisions be made by Monday, February 241 in order to move forward with this application. 1. Regarding the paper road end of West Lake Drive,the Moy's do not own this area,their property line stops before the paper road,therefore a letter is being requested for the road owner to give permission for the bulkhead work. I had spoken to Bruce about this yesterday and he said he would bring it to an attorney's attention who I believe is working with the property owners to submit to our office something in writing regarding this request. 2. The Trustees usually require that proposed sanitary walls need a side-view and elevations for the file,and the project description needs to be updated to include the length and width of the proposed sanitary retaining walls. Please submit same for the file. 3. Bulkhead:the details of the length of each section,materials used(vinyl sheathing),in-place and same height or raised need to be added to the written project description. Also,there is a return running north to south at end of northerly bulkhead,please indicate if to remain(with length and material)or also being reconstructed. This return does not have a permit that I can find so we should add it in to this application. 4. Docking facility: There is an old existing ramp to float along the northerly bulkhead. I understand the Moy's use it. There are no permits found in this office for this dock,and it will have to be temporarily removed to replace the bulkhead. It would not be able to be re-installed without it being permitted so please update the plans to show dimensions and what the contractor is doing with the dock(remove and replace existing or removing and installing all new),as well as updating the written project description with same. S. Wood Jetty: There are no project plans for replacing the wood jetty,the Board usually requires a side-view and look-down view with details and dimensions for jetties. It is recommended that you submit a plan showing the requested information, Also, the written project description needs to be updated to include the details of this jetty(length, material,in-place, height raised if applicable). Regarding updating your written description,you can do it via cover letter or email,you do not have to re-write the application out if this is easier for you. If you have any questions regarding the requested information,don't hesitate to call me. Sincerely, 56;44ed t&-V~eff APR 1 4 2021 i a h So,,Ftllold Tutirn fi of Tru; es VBG wc'o bttps://mail.google.com/mail/u/0/#inbox/FN fcgxwKjTSBbmbCxrgdDMkbSne7TtgCr?projector-1 1/1 78 ZBA Town of Southold - June 30, 2010 1 to be at the microphone. 2 Well, I believe there was some concern in 3 that letter expressed to the fact: that if any 4 damage to the bulkhead was undertaken during 5 the construction of the proposed residence 6 that the Moys would be responsible for 7 repairs. 8 MR. ROSENBERG: Yes and they certainly 9 have a -- 10 CHAIRPERSON WEISMAN: That was the 11 request of the Association. 12 MR. ROSENBERG: Right. 13 CHAIRPERSON WEISMAN: How does your 14 applicant feel about that? 15 MR. ROSENBERG: We have no problem with 16 that. In fact, as a matter of fact, we have 17 been doing that all along because we are there 18 and we see -it and we've always maintained it 19 and we'll continue to do so. 20 MEMBER DINIZIO: But who is really 21 responsible for, you know, that peninsula and 22 the bulkhead itself? I mean is it the 23 property owner or is it the Property Owner's 24 Association? _ MR. ROSENBERG: I know the Association Pugliese Court Reporting and Transcription Service { APA 1 4 2021 LL)l (631) 878-8355 79 ZBA Town of Southold -- June 30, 2010 1 has maintained the dredging of the inlet. I 2 know that, but if the bulkhead is on our 3 property, then Mr. Moy is -- okay, so it's on 4 the applicant's property and we would be 5 responsible for -- 6 MEMBER DINIZIO: On all three sides? 7 MR. ROSENBERG: Uh -- 8 MEMBER GOEHRINGER: Two sides. 9 MR. ROSENBERG: No, Peconic Bay side and 10 the inlet side. 11 MEMBER DINIZIO: Right. 12 MR. ROSENBERG: The north that actually 13 fronts on West Lake, I don't think that's 14 within our -- I don't think that's actually 15 our property. That' s beyond -- outside of our 16 property line. 17 MEMBER DINIZIO: But that's where the 18 right of way is going, I mean that' s where 19 your driveway is going? 20 MR. ROSENBERG: No. The driveway is 21 actually coming off the right of way. 22 MEMBER DINIZIO: Yeah, but I mean if 23 that' s -- it's going to be closest to the 24 bulkhead upon which you have no -- MR. ROSENBERG: No, no. Actually, Mr. Pugliese Court Reporting and Transcription Service APR 1 4 2021 (631) 878-8355 5�;�itls:,d Susri1 &au OT ITU' c 80 ZBA Town of Southold June 30, 2010 1 Dinizio, if you look at it, if you look at it 2 that bulkhead is (inaudible) . 3 MEMBER DINIZIO: Okay. 4 CHAIRPERSON WEISMAN: Okay, yeah. 5 MR. ROSEN13ERG: The one that I think 6 we're concerned about is the inlet. 7 CHAIRPERSON WEISMAN: So the inlet 8 bulkhead is owned and maintained by the 9 property owner? 10 MR. ROSENBERG: The applicant. 11 CHAIRPERSON WEISMAN: The applicant, 12 right, as would be that portion along Peconic 13 Bay that is running along the subject 14 property? 15 MR. ROSENBERG: Correct. 16 CHAIRPERSON WEISMAN: Whereas the West 17 Lake bulkhead is -- the Association is 18 responsible for that . 19 MR. ROSENBERG: I would think so. I'm 20 not sure who actually owns that, but that -- 21 CHAIRPERSON WEISMAN: That goes along 22 that and is actually parallel to the easement 23 that the Association has the right to. 24 MR. ROSENBERG: Correct. A right of way. 25 CHAIRPERSON WEISMAN: Right of way. Pugliese Court Reporting and Transcription Service (631) 878-8355 u APR 1 4 2021 5u{liis:kk i�v�n Qe r[I rf�'rvstr a 81 ZBA Town of Southold - June 30, 2010 1 MEMBER HORNING: May I ask a question on 2 that also? 3 CHAIRPERSON WEISMAN: Yes. 4 MEMBER HORNING: I would ask the attorney 5 for clarification on the maintenance of the 6 right of way then also, besides the driveway. 7 Your applicant will maintain his driveway, 8 will build a driveway. Who is actually 9 responsible for the 280 access and the right 10 of way? 11 MR. ROSENBERG: The applicant will 12 maintain any part of the right of way adjacent 13 to its premises as of now Mr. Moy does on the SEEM 14 part that' s adjacent to his premises. 15 MEMBER HORNING: Does anybody know if 16 this Association has any responsibility 17 regarding the maintenance of the right of way? 18 That' s my question. 19 CHAIRPERSON WEISMAN: Mr. Gunn can -- 20 MR. GUNN: Okay, a little history here. 21 These are all roads in there, in the entire 22 subdivision of Cedar Beach Park so if you look 23 at your drawing and look at the West Lake 24 Drive where it ends at the dug inlet, that is 25 the corner of the Moy property. The F E, L Pugliese Court Reporting and Transcription Service (631} 878-8355 } APA 1 4 20211 82 ZBA Town of Southold -• June 30, 2010 AM 1 bulkheading that goes beyond that on -- yeah, 2 that goes beyond that and sticks out into West 3 Lake and goes easterly, is part of the Cedar 4 Beach Park right of way. 5 CHAIRPERSON WEISMAN: And it's going to 6 change -- 7 MR. GUNN: In other words, we have other 8 bulkheading within this Cedar Beach Park. 9 CHAIRPERSON WEISMAN: I understand. Now, 10 is that maintained by the Cedar Beach Park? 11 MR. GUNN: There has never been any need 12 to maintain it. 13 CHAIRPERSON WEISMAN: If it fails who 14 would be responsible for repairs? 15 MR. GUNN.- We are, yes. 16 CHAIRPERSON WEISMAN: The Association. 17 MR. GUNN: Yes. 18 CHAIRPERSON WEISMAN: Okay, that' s all we 19 need to understand. 20 MR. GUNN- Yes. 21 CHAIRPERSON WEISMAN: Okay. 22 MEMBER HORNING: And the right of way, 23 who' s responsible to maintain the right of 24 way? 25 MR. GUNN: Over the years Mr. Moy has Pugliese Court Reporting and Transcription Service (631) 878-8355 APR 1 4 2021 f it 83 ZBA Town of Southold - June 30, 2010 1 kind of -- because nobody was using it -- 2 incorporated it into his front yard and 3 maintained it, a grass area, and up until -- 4 in fact, he's planted some trees they're 5 partly on the right of way, they're partly on 6 his property. 7 CHAIRPERSON WEISMAN: But you've heard -- 8 you've heard testimony here. 9 MR. GUNN: Yes. 10 CHAIRPERSON WEISMAN: And we can 11 condition any relief we grant with the fact 12 that the Moys have indicated that they will 13 continue to maintain unobstructed access to 14 that right of way to anyone whose rights are 15 involved. 16 MR. GUNN: Exactly. 17 CHAIRPERSON WEISMAN: Okay and as long as 18 that continues to be the case, that should 19 resolve the problem. 20 MR. GUNN: Yes, it does. 21 CHAIRPERSON WEISMAN: Okay. Is there 22 anyone else here who has questions on the 23 Board and would like to speak to this? 24 Okay, please come forward and please 25 address those things that we have not yet �! Pugliese Court Reporting and Transcription Service ri 7APR L "� (631) 878-8355 4 2021 J��I'i�htl I+]r4i� �I�dfC�i1�i.,:, y�S Cantrell, Elizabeth From: West Lake <westlakeassocinc@gmail.com> Sent: Monday, April 12, 2021 11:47 PM To: Duffy, Bill; Silleck, Mary; Cantrell, Elizabeth; Cantrell, Elizabeth Subject: 750 West Lake Drive;; SCTM# 1000-090-02.00-001.000 Attachments: WLA-750 West Lake Dr Ltr 4-12-21.pdf Mr. Duffy, Supplementing our letter to you dated March 15, 2021, please see the attached letter regarding the current pending application by 106 Mulberry Corporation for a permit to construct a single-family dwelling and a dock. Because of the reasons enumerated in both letters, we believe that the applicant does not have the legal right to obtain a permit for the construction of a new dock without the consent of West Lake Association, Inc. We also believe that the now detached dock and ramp are illegal and should not be permitted to be reattached to the bulkhead owned by West Lake Association, Inc. We also request that Ms. Cantrell place a copy of this letter in the applicant's file, so that it is on record. West Lake Association By: Alvin Schein, President ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. . .m � � I,aa APR 1 3 2021 t-,(Q .3'vIfll 1 WEST LAKE ASSOCIATION, INC. Email: WestLakeAssoclncP_ mail.com Via Email: bill.dutown.southold.nv.us maelizr �silleck town..southold.rs .us a �� eth.caritr•ell towl, outb2 cl.nyms _n...d� ., M....- elizabethc town.southold.ny.us APR 1 3 2021 April 12, 2021 �. .pp_.... .... Bill Duffy, Esq. '"` � Southold Town Attorney Town Hall Annex 54375 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Property at 750 West Lake Drive, Southold NY SCTM#1000-090.00-02.00-001.000 (the "Mulberry Property") Application by 106 Mulberry Corporation ("Mulberry")for Permit to Construct a Single-Family Dwelling and Dock Dear Mr. Duffy, This letter is a follow-up to our letter to you dated March 15, 2021 regarding the captioned application and is being written on behalf of the West Lake Association, Inc and also on behalf of fifteen (15) owners of properties that have frontage on West Lake in Southold and who are members of West Lake Association, Inc. This letter has two purposes: (A) to respond to certain statements made in the letter dated April G,2021 to the Board of Trustees by Suffulk Envirumnenlal Consulting,Inc. (the "April 6th Letter") regarding the alleged ownership rights of the applicant to underwater land to the midpoint of the channel between West Lake and Little Peconic Bay; and (B) to question the validity of the permit to build a dock and a ramp purportedly issued by the Board of Trustees of the Town of Southold on June 8, 1970 (the "1970 Dock Permit") which was submitted to the Board of Trustees with the April 6th Letter. A. Applicant's Claim to Underwater Land The fifth numbered paragraph of the April 6th letter states that "the applicant has an ownership right to approximately the midpoint of the inlet to West Lake" based on the lot dimensions for the subject property which shows a width of 100 feet, as shown on a 1 1927 subdivision map of Cedar Beach Park, notwithstanding that the survey for the subject property shows a width of only 77.04 feet. However,the West Lake channel was created by the owner of Cedar Beach Park subsequent to the date of the 1927 subdivision map and the deeds to purchasers of the lots on either side of the West Lake channel had different metes and bounds descriptions from those shown on the 1927 subdivision map. The surveys for these properties were based on the deed descriptions, not on what was shown on the 1927 subdivision map. Therefore, Mulberry cannot claim title to underwater land that is shown on the 1927 subdivision map. Mulberry can only claim title to land that is described on its deed, the dimensions of which are reflected in its survey of the subject property. B. 1970 Dock Permit A review of the application for the 1970 Dock Permit reveals patently false and misleading statements of facts on the part of the applicant that would justify the Trustees'revocation of the 1970 Dock Permit at this time or in the alternative, finding that the current application to construct a dock and ramp cannot be considered to be a "replacement in- kind" under the previously issued 1970 Dock Permit. The issues with the application for the 1970 Dock Permit are as follows: 1. In the application for the 1970 Dock Permit, the applicant stated that he resided at "Cedar Drive West" (without a street number) in Southold (See Exhibit A attached). Indeed, the 1970 Dock Permit listed the applicant's address as being "Cedar Drive West" (which is actually Cedar Point Drive West) and that the dock and ramp would be built "off Cedar Drive West in front of his own property, all in accordance with the application submitted" (see Exhibit B attached).The problem with this is that the street address of the property that is the subject of the application for the 1970 Dock Permit is actually 950 West Lake Drive(which is not the same address or tax lot as the subject of the Mulberry Application), which is nowhere near Cedar Point Drive West and is in fact on the opposite side of West Lake (see portion of the subdivision map recently submitted by the current applicant, which is attached to this letter as Exhibit C which shows the locations of West Lake Road (now Drive) and of Cedar Point West Drive). Therefore, the Dock Permit cannot be applicable to the subject property as it completely misidentifies the location of where the dock and ramp were to be built. 2. The hand drawn map attached to the application for the dock and ramp (Exhibit A, Page 2) is completely deceptive. This map failed to show West Lake Drive as being between the applicant's house and the proposed dock and ramp and also fails to show the bulkhead built on the north side of West Lake Drive which was not owned by the then applicant (and which is still not owned by Mulberry). Therefore, by all appearances, the hand drawn map shows that the applicant owned all of the land from his house on the lot that is known as 950 West Lake Drive to the location where the dock and ramp were to be built, which was 2 APR 1 3 2021 10 . rig .��I irsbdrfi patently false and misleading. If the applicant for the 1970 Dock Permit had shown that West Lake Drive was between his house at 950 West Lake Drive and the location where the dock and ramp were to be built, as well as the then existing bulkhead that is between the house, West Lake Drive and the location where the dock and ramp were to be built,the Trustees would not have issued the 1970 Dock Permit without submission of documentation evidencing consent by necessary third parties, which is required by local law. In other words, the Trustees issued the 1970 Dock Permit only because of the deception of the applicant. As stated before, under the Southold Town Codes, no one has the right to attach a dock at the end of a right-of-way to property that they do not own, without the consent of all parties in interest. Section 275-11(C)(2)(a)(8) of the Code of the Town of Southold specifically states: "Any application for a dock to be constructed at the end of a right-of-way or commonly held land r u�the mitten consent o of/ arties havian interest iii the right-OLwo r, regardless of how property interests in the upland parcel may be divided among the owner(s), lessee(s), occupont(s), easement holder(s), or any g beneficial interest in any existing or of er _ rmpn s or entrt res with-a e a or .._ proposed docking facility." 3. Furthermore, the hand drawn map included in the application for the 1970 Dock Permit failed to show that the applicant owned two separate and distinct properties (on two different tax lots) known as 750 West Lake Drive (which is the Mulberry Property) and 950 West Lake Drive. The hand drawn map shown on Exhibit A to this letter identifies the house that was constructed on 950 West Lake Drive (and which still exists) and which house is presumably meant to be the "his own property" in front of which the dock and ramp were to be built (as stated in the 1970 Dock Permit). 4. Mulberry's current application states that the proposed dock (including a ramp and a platform) will be an "in-kind" replacement of the existing dock and ramp, which is a false statement, because the size of the dock and ramp identified on the 1970 Dock Permit are smaller than the dock and ramp shown on Mulberry's current application.The 1970 Dock Permit allows for a dock measuring 12 feet by 6 feet. The current dock is actually 13 feet by 6 feet and does not conform to the 1970 Dock permit and is therefore ilk(. Mulberry's current application requests a permit for a dock that measures 13.5 feet by 7 feet,which is in excess of the size permitted under the 1970 Dock Permit. The 1970 Dock Permit allows for a ramp that is only 10 feet long. The current ramp is actually 14 feet long and does not conform to the 1970 Dock Permit and is therefore illegal. Mulberry's current application requests a permit for a ramp that is 13.5 feet long, which is in excess of the length permitted under the 1970 Dock Permit. Further, no platform was weld �ider the Dock Permit. Therefore, the currently proposed dock, ramp 4 7 1 �[ 3 and platform cannot be deemed to be an "in-kind" replacement, as the currently existing dock and ramp are illegal and the proposed new dock and ramp are larger than the dock and ramp which are the subject of the 1970 Dock Permit. For all of the reasons stated herein and in the March 15 letter, we respectfully urge that the portion of Mulberry's application for a permit to construct a dock, a ramp and a platform be rejected by the Trustees. Very trul yours, We L a afl f Inc. K Alvin chein, resident Tel No: 917-273-2064 Email WestLakeAssoclnc snail corn APR 1 3 2021 4 6 4 W"a'i 11 �t;s yl,� 1T FORM M. I TOWN OF SOUTHOLD BOARD OF TOWN TRUSTEES TOWN CLERK'S OFFICE a SOUTHOLD, N. Y. Examined 19 Application Approvcd ✓ Permit No. ........... ..�........ Disapproved 7-� ......... chairman,Board of Trastees APPLICATION FOR PERMIT INSTRUCTIONS A.This application to be completely filled in by typewriter or in ink and submitted to the Town Trustees in dup- licate.: 11.Pilot plan showing location of lot and buildings on premises, relation to adjoining premists, public streets, parks, etc-,and a-lying detailed description of proposed layout of project must be drawn on diaagrsnn, which is part of this Application, C. The'work covered by this application may riot be commenced before the issuance of a permit D.Updn approval of this application,Town Trustees will issue a permit to applicant, Such permit shall be kept on the premises and available for inspection at all times. E.Applicant shall notify the Board of Trustees upon completion of the work covered by permit. APPI."MCATTON IS HEREBY 'lidADE to the hoard of Trusttes of the Town of Southold, Su6blk County, New York,for the issuance of a permit pursuarkt to the larva,�lydina ncts and regulations governing construction of;docks, piers,'bulklrtads,jettya and dredging in,under,,and over the waters of Towne of Southold. The applicant agrees to cornply with all applicable laws,oTd'inancca,regulations ,and,conditions specified by said trustees,and to hold the Towyn of Sauthold,and all Town offici l t from liability and damages of any kind. Name of Owner of Prem' „— ""' rttE'arlr4r ss of 1?rope .CEMA8.IIHIYB.WBSF.y. tiTYfiO11 .1�itT.YOFgC.17972 ..., Home Address If Other Than na a., YOFIECs N&AT YOLY[S „ Creek,Bay or Harbor Fronting Property ..Msr,AAKE .............. .., „ ,. ...„ Permits Requested To: ....BUILD,FLOATIM MOM.AND.RAW......, ............ Size of Proposed Work: Length .l$!+:Ss o....., Width .15�'.�:...... Heighth Above High Water..,1b,'!,„..,,„ Depth Below Low Water ............... Average Rise In Tide .AQ?......... Yards to Be Excavated .' Width of Canal,Creek or Bay Fronting Property . .... Depth at Low Tide ....:, Is This For Private or Business Use?.....F7avato...,...I......•.,._....,,„ Area Zoning ....RMS....,,,,,, Complete plot plan to be drawn on reverse side of this application, JA ` APR 1 � 2021 STA NEW YORK APR — 6 2021 COUNTY OF dGV�Wn • y,,� ! .....,. being duly sworn deposes and says that he isbe-applicant-fr��vitPl�t'!ru�ll t dent r'ulaa d Permit,and that all statements contained he-rein are true to the best of his knowledge and belief; that the work will be done in the manner m forth in tine application and as approved by the Board of Trustees c of the Town k Soothold,and the applicant agrees to hold•'the Town of Southold and said trustees harmless and free from any and all daurages and claims arising under or by virtue of said permit. Sworn to before me tth„,„„ B • d Notary public ....... i."”. A�.. �.., • •"�� � .........„..... bounty of allt... ...... .... COpttJEMA C,KEOGH .„ NOTARY PUBLIC,SutoofN,LwYork Naa3•2ft'3!3e,go A—M.,A a•.n.. ­._...., �ErC.OtltG�n� a ro� ti �.• f�T 1 3 2021 A V " TOWN OF SOUTHOLD BOARD OF TOWN TRUSTEES 1=MnffT No. .....6.0:!5�... Pursuant to the provisions.of Chapter 615 of the Laws of 1893 of the State of New York; Chapter 404 of the laws of 1952 of the State of New York;the pro- visions of an ordinance entitled "Southold Town Ordinance Regulating the Placing of Obstractions in and on Town Waters and Public Lands,a-dd the Removal of Sand, Gravel or other Materials from Lands under Town Waters",and in accordance with the resolution of the Board of Trustees of the Town of Southold adopted at a meet- ing of said Board on .....bBa1r.A,_39712......., and in consideration of the sum of s.10. 00..., lawful money of the United States, paid by ....Viik.logy..,,,,, residing at ...Cedalr.JTrive.Swag,.j%ouithold........... New York, the said Board of Trustees of the Town of Southold, Suffolk County, New York, hereby authorized and permits said ........Dia,.t4uy..............,».,,,»,,,.„ to build a floating cloak and ramp 12`x 6' x 10' in West Take, .,Cedsx pxipe,ir., meront of t� eq p _".l all in accordance with the application submitted. The said .........P0.AJOY................... as part of the consideration for the issuance of this nernit does hereby release the said Board of Trustees and the Town of Southold from any and all damages clams for damages or suits that may arise or occur directly or indirectly as a result of any operation carried on un- der ndeer and pursuant to this permit, and will at his own expense,defend any and 4811 suits which may be brought by third parties, as a result of any operation carried on pursuant to or in accordance with the terms of this permit, and assume full liability with respect thereto to the complete exclusion of said Board of Trustees and the Town of Southold. TIM PM is subject to the following terms and conditions: L That there shall be no unreasonable interference with navigation as a result of the work herein authorized. 2. That there shall be no interference with the right of the public to pass and re- pass along that portion of the beach between low and high water mark. 3. That die work shall be subject to the supervision and approval of the said ° Board of Trustees or its agents. 4. That if future operations of the Town of Southold require the removal and/or alteration in the location of the work herein authorized, or If, in the opinion of the Board of Trustees of the Town of Southold, such work shall cause un- reasonable obstruction to free navigation,the said ......Dia A4oy will be required upon due notice from the said Board of Trustees, to remove or alter the location of the work hereby authorized without expense to the Town of Southold,so as to render navigation reasonably free and unobstruct- ed. v ti� I '2D21 APR 1 3 2,021 000 " i^•^� iCl r M� L • 5U80/V/5/t7N' CEDAR LEACH � �x SITUA-rE AT ? � d 94' E:LA/ . TOWN OF SOUTHOLD,' �o NEW YORK Scale III a ,,� l7imensions a f Irre9u/er/ets arm aP�ruKin�ele on y r Ems., ( APRF 2021 .r N. j ° IAS y / f � �d M aha ✓' �, �� 5 �a as �� "��� I" T« M ^��� .�.�� °�1°' r �"� �,'"�,�' "�" � r�°"7 .^•a" �'-",�� �t� �a' � III y 1 I ✓ 0.� rd I. IV shown by nu mber or/efr®r in cl,,I ori >`'haa a®n Glenn Goldsmith, Presider: 4 `. Town Hall Annex A.Nicholas Krupski,Vice President 54375 Route 25 John M. Bredemeyer III ` ZZ. - P.O.Box 1179 t' Michael J. Domino ; Southold,NY 11971 Greg Williams ET Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: 4/7/Z 1 g S5 Completed infield by: C, .) Suffolk Environmental Consulting on behalf of 106 MULBERRY CORP. requests a Wetland Permit to construct a two story, single family dwelling (25'x42'4", ±1,058.25sq.ft.)with attached 7.3'x48.2' (351.86sq.ft), deck on south side of dwelling; install a 25'x6' (±150sq.ft.) stone driveway, a 12'x20' parking area on west side of proposed dwelling, and an 11'x20' parking area on north side of proposed dwelling; install a new innovative, alternative nitrogen reducing water treatment system (AI/OWTS); install sanitary retaining wall at an overall length of 99.5' and a width of 8.0" across the top of the wall; and to replace the failing bulkhead on west side and north side of the lot as well as to replace the wood jetty which extends into West lake, consisting of 198.0 linear feet of bulkhead to be replaced along the westerly and northerly portions of the subject property with the following measurements: timber top cap: 2.25' wide extended along the entirety of the bulkhead to be replaced, 9" diameter timber piles, 6"x6" timber whalers, ±6.0' long tie-rods, ±6" diameter dead-men, and the use of vinyl sheathing (CLOC or similar); the bulkhead return located perpendicular to the northerly portion of the bulkhead to be replaced at an overall length of 11.0' with a 2.25' wide top-cap, 9.0" diameter piles, 6"x6" timber walers, ±6.0' long tie-rods, ±6" diameter dead-men, and vinyl sheathing (CLOC or similar); the existing wood jetty to be replaced with new 15.0' long jetty with 9.0" diameter piles placed 1.5' o/c alternating between the east and west sides of the jetty, the use of vinyl sheathing (CLOG or similar), 6"x6" timber walers on both sides of the jetty, and 2.75' tie-rods; existing wood dock assembly to be removed at the start of the bulkhead replacement and re-installed in-kind and in-place at the completion of the bulkhead replacement consisting of a landward 5'x5' wood platform to a 14.1'x3.5' wooden ramp with 3.5' tall railings; a 13.5'x7.0' wooden float secured by four(4) 9.0" diameter piles with two on the landward side of the float and two on the seaward side of the float. Located: 750 West Lake Drive, Southold. SCTM# 1000-90-2-1 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: 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: V-6ulaa S S, 1- I have read & acknowledged the foregoing Trustees comments: Agent/Owner: Present were: v/ J. BredemeY er ✓ M. Domino /G. Goldsmith ✓ N. Krupski V' G. Williams Other Suffolk Environmental Consulting, Inc. Newman Village ® Suite E 2310 Main Street PO Box 2003 © Bridgehampton NY 11932-2003 t 631.537.5160 f 631.537.5291 Bruce Anderson,M.S.,President SENT by EMAIL & HAND DELIVERED April 62021 Board of Trustees Fjrp Town of Southold APR _ 6 2021 P.O. Box 1179 Southold, NY - -- C:It'1�iC 11971 Fr�r of lr ;,es RE: 106 MULBERRY CORP. Property Situate: 750 West Lake Drive • Southold, NY • 11971 SCTM#: 1000—090—02—01 Dear Members of the Board, As you know, our Firm represents the owners of the subject property. Our application was filed with your Board on January 13, 2020. This application was the subject of a public hearing which took place on December 21, 2020. At that time, several concerns were raised by your Board. Also, the West Lake Association made several demands to the present owners and also to your Board in the processing of this application.' Attached herewith please find the following materials for your review and consideration: 1. Four surveys prepared by Fox land Surveying last dated March 24, 2021 ("Survey"); 2. Four site plans and sanitary designs the proposed IA/OWTS septic system prepared by Joseph Fischetti dated January 21, 2021 ("Site Plans"); 3. Exterior elevations/depictions (4 sets) prepared by Joseph Fischetti, P. E dated September 27, 20202 ("Exterior Elevation Drawings"); 1 On July 22,2009,the Board of Southold Town Trustees granted Wetland Permits#7133 to the property owner, Sim Moy for single family dwelling and septic system which permit was extended through July 20,2012.The single family dwelling is the same single family dwelling proposed in this application and the septic system proposed is the IA/OWTS system in lieu of the conventional septic previously approved.The septic system was to be surrounded by a concrete retaining wall having a top elevation of 7.9'AMSL in the 2009 Wetland Permit. Z A three-dimensional schematic presentation was previously filed electronically with the Southold Town Trustees on November 4,2020. 4. Survey prepared by Roderick Van Tuyl, P. C. for Herbert and Marcelle Greenfield dated August 30, 1974 (Parcel identified as SCTM # 1000-90-1-24) ("Greenfield Survey"); 5. Partial subdivision map of Cedar Beach Park filed December 20, 1927 ("Subdivision Map"); and 6. Trustee Wetland Permit#605 issue to Dia Moy on May 4, 1970 authorizing the floating dock and ramp that exists today ("Dock Permit"). Please take notice of the following: 1. The dwelling with proposed deck featured on the Survey is the same dwelling approved by the Southold Town Trustees on July 22, 2009 (Permit#7133). The survey was amended to note the removal of a 15 foot jetty appendage off the northwestern corner of the lot which extends into Westlake adjacent to the dock. 2. The Site Plan features an IA/OWTS septic system that is surrounded by concrete retaining wall that has been relocated 3 feet off the property lines to the north to the west. The top elevation of the retaining wall has been reduced from 7.9 feet AMSL as approved in 2009 to 6.9 feet AMSL. The height of the wall above existing grade ranges from 0.2 feet to 1.9 feet. 3. The exterior elevation drawing features the same exterior appearance as was approved in 2009. 4. The Greenfield Survey was the survey presented initially in connection with the dredging of the inlet in 1986 (Trustee Permit#263) and again in 2004 (Trustee Permit#6053). The survey depicts Greenfield to own to the center of the inlet as per the Subdivision Map. 5. The Survey filed in connection with this application (Lot 119 of Cedar Beach Farm) depicts lot width adjacent to W. Lake Rd. at 77.04 feet whereas the Subdivision Map depicts lot width for Lot 119 of Cedar Beach Park adjacent to W. Lake Rd. at 100 feet. Thus,the applicant has an ownership right to approximately the midpoint of the inlet to West Lake just as the Greenfield Survey reflects ownership to the midpoint of the inlet for tax map lot 1000-90-1-24. The applicant has no objection to the dredging of the inlet and intends to participate in the cost for dredging. �` Esouthold ` i 2021 own stees 6. The dock was previously approved in 1970 and has existed for many years. Yours truly, 000�& A - Bruce A. Anderson iE � 1 �r I APO - 6 2021 Cc. M. Salomon S. Moy Sout „Id Town J. Fischetti, P. E. Board of Trust^es TEST HOLE DATA McDONALD GEOSCIENCE FEB. 22, 2019 EL=5.9 0.0 MIXED SAND AND LOAM GW 5.5 EL=0.4 WATER IN MIXED SAND AND LOAM T WATER IN o 2 BROWN BOG PT oo wEs T LA E:13.0 !/ WATER IN o Q 1 BROWN SILTY SM o/o O SAND 15.0rr15m WATER IN m Q 5�� 3m O O PALE BROWN SW FINE TO COARSE SAND oto W 21.0 n o 0 S rte° m APPROX H W M o PROPOSED o ED LINE2 83 3 OF HAYBAEES TOP WELL GRADE EL � \ . LANDWARD D EDGE OF TIDAL OF 'READ 8 SUFFOLK ENV,, ALAS INCONSUL By INC. WES T EL/ ATED _ , ON FEB. 20, 2019 - - LAK � , (33' WIDE) O i ti PROP. PERM o� o ' 48 ' 5. DRIVE �US n g6 50 E _ T- - - _ Q 4i \11 (7) - I _ --___ 7//,04'171__4.1 11 LE _ _ — 2 ` / O PRIpP S 1---___- 409 — — _ EXISTING WA R _ ^ n I�TOP OF R AL�ININ )LL __ 1 -/- _ _ MAIN N /'1 EXISTING STONE � Y _ ROADWAY h� Lot 119 N rl;1- MON170Rii N7p-43'50"W \ _\\L ll Ill O LID MONITO / I H _ LP ��EP/i ✓' IIi} 300.00' WELL o L I I FE LP /r \� Ill MONITOR WILL CP 0.a MIN41 WHOP. it TER SERVICE rm l l I} 42.4' I ll1 OLE 5g4 _ 1 5 ST =o ll H _ � PROPOSED LOCAs J } ON i 4.q?, L _ _ ''ll" I ('3FBEOROOM) o J 14.0 �O TER _._. � 11 ..�..___ 5,48 ' W DWELLING Lot '- --._. _--_...,., 6 0 /PUBLIC WA � !. �; �_' NO oa 3 St. now or for , ^� N-ruRF PROP 6' o JohnsEpiscopalm erl y ;'� (Tp BE BUFFER PROPOSED DECK - _ I Church ' PRESENT OE AINTAINED IN 4a'z } 96 2 — CONDITION) E �-_ roo'� APR - 6 2021 _ I E_ 'I PROPOSED S EG OF HALLINE NON DIST/ 1_KHD I � T-ANLC j3U N Ibo-- -1_ 5.� FER CVIN Survey for: 4 04 N N v MAR. 24, 2021 ADDED NOTE WOOD BULKHEAD �'�� I I I 1 I 1 II M O 106 MULBERRY CORP. JUNE 12, 2019 IND PROP. STRUCTURES IN 6.09 BEACH 11r 1 1 1 » ++ DATE: APR. 16, 2019 3933 W N69•4434»w ' --�1 L ' W Lot 119, Cedar Beach Park JOB NO:2019-172 TIE LINE 89. At CERTIFIED T0: W APPROX. ryLWMG 93' Bayview oPROPOSED 4' PATH 106 MULBERRY...CORP. 2 Town of .,aP�`=' - N W ° Southold a 3 W Suffolk County, New York ° 3 S.C.T.M.: 1000-090.00-02.00-001.000 LIT 20 0 20 TL E SCALE:1 =20' so PECpNIC BAY �� , � � �✓ NOTES: 1. TOTAL AREA = 8,861 S.F. ADJACENT AREA = 8,434 S.F. DAVID H. FOX, L.S. P.C. N.Y.S.L.S. #50234 2. 0 = SPIKE SET,•= REBAR FOUND. FOX LAND SURVEYING 3. SUBDIVISION MAP "CEDAR BEACH PARK" FILED 64 SUNSET AVENUE WESTHAMPTON BEACH, N.Y. 11978 IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY (631) 288-0022 ON DEC. 20, 1927 AS FILE NO. 90 4. ELEVATIONS SHOWN HEREON ARE REFERENCED TO UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY N.A.V. DATUM 1988. IS A VIOLATION OFSECT10N 7209 OF THE NEW YOPK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL 5. THIS PARCEL IS WITHIN FIRM ZONE VE(EL 10) AS SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. DILINEATED ON FIRM BOUNDARY MAP NO. CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE REPS N FOR WHOM SURVEY IS PREPARED AND ON 36103CO169 H LAST DATED SEPT. 25, 2009 BEHALF TO THE TITLEHCOMPANY, GOVERNMENTAL. AGENCYIS 6. SANITARY DESIGN PER OTHERS. AND LENDING IN ASSIGNEES OF THEHE LENDING LISTED HEREON . AND TO THE LENDING INSTITUTION. CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS DWG: 2019-172 L � Wes r LAKF �� Y 1-41 Ll u1f6Sy" GA)CE ZOA© _ ' .•- lOp+.L� i ftNc? •a�' jre7t � .' .t r _ ''•. • ' . 484_36 fc •ttF S' ' Qre�ert'T�'•6cxy a.,itf�• ', •s .« 1 � - - 746 sr hid ar ° i VlDLTTnW=W Ai MlMO14 Olt MGM - - - -'. i; �'st {pled ma�*-�'-. iro THIS SURVEY LS�noJ,A'luoN ol' '• 4' �f�•._ -- �Ecrlorr 7I09'OFi�\C!AW"%mm alAT>E t EDUCATION LAW. f j{ COM OF THIS SURVEY MAP NOT A A gM ` 7HE LAND SURVEYOR'S INKED SEAL OR t h,�f t WAOSSED UAL SHALL NOT U C0.4S=pW' •' f�"7 ��G a�+7 r - .�A-Y•O BE A VALID:RUE COPT. ' "GUARANTEES 1101CAFED.Y.EREON SHALL-41H " ONLY TO THE rc.SON,FOR WHOM THE SUL1w ' L •L;PREPARED,AND ON HIS CNALF(O'THE TITLE COMPANY,GOVERNWENTALAGENCY wM • ' ' ~1 Y _ .. .. _ - ,. _ � -'.�N5T1�T10N USTED Ii RWIA;4D - - -1• * ¢^ 10 THE ASSIGNEES OF'THE LOVING RvSTN- ..'_' - TGUARANTEES ARE NOT iRSF 1f! AP 0E' • . E� r 70O ADD AODITLONAIINSTITULSL ONS OR S SCa�c.s 4©' cusum ' 6 a = �+r1L7rrctrt��T�t • A r I�` APR - . . 6-1-2021 igAYVIEW- Note. Got esi"gksrs, whown r,rfwr' �'� CC�• d6 S CV.tr> rL Alw1fr-6f -14 hoMari o f• Eodair 84,aelf PkrAz," �i/eco irr Su��oG� Corat/�t� �l�erk's= '• _ ; ~_ ,_ __ - - � • a f face .vs •A�1.:7�'•• NGi. -90. '_ _ - _ ._ • . - ,:fi�: , � - -•[ , � r; r♦' ":, i�`_`•'�` j„1C�_st.t�lif� .yvlld 1���3 � CEDAR BEACH SITUATE AT ? I 9Ar p�Q TOWN OF SOUTHOLD,. NEW YORK Scale ,200 feet-/Inch. /ve o /00 zoe 3 0 }oo ybo Geo '/ee Seo Doo /anal NoT6: " /dimensions a f irrefa/orlots ar.apProrin:a/t 4;1i e APR 1 S1 i 2021 . 1 ^S \V L A IVO O F O. H. H O 'r TI ff ; '�R- ,\/� f-. F� �l`�P N'-/yj..:''�y " qu•_--'.j"+4's_,�;:F^'{-fit-j t,;iA, \v�'�„_-4's-` �';yc 0 � A '= O 9�'�•W'E.,s`7,.:: ,� >= t`:_rzi_:p�; c r it�t :;:„r^ -:��' • C) ' V 0 j r i�y// 'lao i� 'iti-:.'a, � -ti[�+'' :1t ” iv LAKE l,r/e"r' /39 �O - - '•EJ; - , �� U• ao �I � ' '` -Oo 444 '^ L� B '. LS /�s e ' �41�2ae H\•+ J/�I a 2.f^� if 5 p �g�. ` •a ��'l'+.A2,�� ' - � /�R• '"- gee � }r��--: � �/�•4 /R `L ,' �; l�/Ry ,O�`-s��f�v - �_��\ /2345 d < ���'✓ :a�;s 2 y a/s`s- �4 - 4� /sv C,'t�.o r,�j� f•� .I`,. � � \�\�` re //3 O / /tip '_'�.� i z i N to. Lots shown Gy rm/nber or Telfer in c ra/n art- thos F l,ipSs�:M �v, 1 i i a eon v�`,at y--' � "{Yl cfp/y I./ o�Part`cT ebraperty e�E-c/win H Brel rn of Rn v�:.w E 4' " _ l fl I TOWN OF SOUTHOL.D HOARD OF TOWN TRUSTEES PEmirr No. .....6.0:!5�... Pursuant to the provisions of Chapter 615 of the Laws of 1893 of the State of New York; Chapter 404 of the Laws of 1952 of the State of New York;the pro- visions of an ordinance entitled "Southold Town Ordinance Regulating the Placing of Obstructions in and on Town Waters and Public Lands,and the Removal of Sand, Gravel or other Materials from Lands under Town Waters",and in accordance with the resolution of the Board of Trustees of the Town of Southold adopted at a meet- ing of said Board on .....May.A,.197D ........ and in consideration of the sum of $.ICL,©D.., lawful money of the United States, paid by ....Vu.DWY....... residing at ...Cedar..I rive.f9est;,.Southold .......... New York, the said Board of Trustee`s of the Town of ,Southold, Suffolk County, New York, hereby authorized and permits said ............Dia.May.......................... to build a floating dock and ramp 121x 6' x 10' in latest: Lake, off Cedar Drive in front of his own property, all in accordance with the application submitted. The said .........P0.MPY....... ............ as part of the consideration for the issuance of this permit does hereby release the said Board of Trustees and the Town of Southold from any and all damages claims for damages or suits that may arise or occur directly or indirectly as a result of any operation carried on un- der and pursuant to this permit, and will at his own expense, defend any and all suits which may be brought by third parties, as a result of any operation carried on pursuant to or in accordance with the terms of this permit, and assume full liability with respect thereto to the complete exclusion of said Board of Trustees and the Town_of Southold. THIS P1JR1dlIT is subject to the following terms and conditions: !�! 1. That there shall be no unreasonable interference with navigation as a result of 1!!! the work herein authorized. li 2. That there shall be no interference with the right of the public to pass and re- pass along that potion of the beach between low and high water mark. 3. That the work shall be subject to the supervision and approval of the said Board of Trustees or its agents. 4. That if future operations of the Town of Southold require the removal and/or alteration in the location of the work herein authorized, or if, in the opinion of the Board of Trustees of the Town of Southold, such work shall cause un- reasonable obstruction to free navigation, the said ......Dia 4ipy ...... will be required upon due notice from the said Board of Trustees, to remove or alter the location of the work hereby authorized without expense to the Town of Southold, so as to render navigation reasonably_free and unobstruct- ed. E V AN �� n - I a K The authority conferred by this permit may be terminated by the Board of Trustees for a failure on the part of the said....A&IR..Moy.............................................................. to comply with the terms and conditions herein imposed. In the event of such termination, this permit shall be deemed revoked five (5) days after the date when the Board of 1 , Trustees shall mail to the said...............Mik..alt...............'...................................... at the . 7 address given in his application, a certified copy of a resolution of the Board of Trustees directing such termination. IN WITNESS WHEREOF, the said Board of Trustees of the Town of Southold has caused its corporate seal to be hereunto affixed and these presents to be subscribed by a majority of the said Board of Trustees, the day and ear above written. seal .....(L.S.) .. ............................ ... ...................... ...................(L.S.) STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK ) ON THIS .....$t)a........ day of ...............Zn=............................ 19...7.0, before me oersonally appeared Alvah B. Goldsmith, Frank Dawson, George Simpson, John F. McNulty and Douglas Robertson, all.personally known to me, who, being by me duly sworn, severally said that they each resided in the Town of Southold, County of Suffolk, State of New York, and were members of the Board of Trustees of said Town of Southold and constituted a majority of the some; that they knew the corporate seal of said Town of Southold;that the seal affixed to the foregoing instrument was such corporate seal; that it was so affixed thereunto by order of the Board of Trustees of said Town of Southold and that each one signed his name thereto as a Trustee and by like order. (—' � I' � us I tory Public Fil � �, `' �� N07ARY PUBLIC,A. REQENl 1 Na. 52.3233120�gu!iolkNCour c� 7A�ha xpires March 30, APR o 6 2021 Souircld leer--n Board of Trustees FORM NO. 1 TOWN OF SOUTHOLD BOARD OF TOWN TRUSTEES TOWN CLERICS OFFICE SOUTHOLD, N. Y. Examined ................................ 19..... Application No Approved .................. Permit No. ............................ Disapproved a/c ......... chairman,Board of Trustees APPLICATION FOR PERMIT INSTRUCTIONS A.This application to be completely filled in by typewriter or in ink and submitted to the Town Trustees in dup- licate.: B.Plot plan showing location of lot and buildings on premises, relation to adjoining premises, public streets, parks, etc., and giving detailed description of proposed layout of project must be drawn on diagram which is part of this application. C. The'work covered by this application may not be commenced before the issuance of a permit D.Upon approval of this application, Town Trustees will issue a permit to applicant. Such permit;shall be kept on the premises and available for inspection at all times. E.Applicant shall notify the Board of Trustees upon completion of the work covered by permit. APPLICATION IS HEREBY MADE to the Board of Trustees of the Town of Southold, Suffolk County, New York,for the issuance of a permit pursuant to the laws,Ordinances and regulations governing construction of: docks, piers,'bulkheads, jettys and dredging in, under, and over the waters of Town of Southold. The applicant agrees to comply with'all applicable laws, ordinances, regulations and conditions specified by said trustees, and to hold the Town of Southold,and all Town officials free from liability and damages of any kind. Name of Owner of Premises ........PTA.MY......................................... ........................ Street'Address of Property JCEDAR.DRIVE.WEns..SOUTHOLD#-NEW.YORK.1.1971......................... Home Address If Other Than Location ,3? XT ATNWj,.•A_V.XWo..MV!.YORK...... .... ...... Creek,Bay or Harbor Fronting Property ..W.W..1-W..............:.........................>................ Permits Requested To: ....BUILD XJWOATII�rx 1=.AND.RAMP............................................. . Size of Proposed Work, Length .Wt:C..... Width Heighth Above High Water ...1b`!....... Depth Below Low Water ............... Average Rise In Tide ......... Yitrds to Be Excavated .............. Width of Canal,Creek or Bay Fronting Property ... ...................... Depth at Low Tide .............. Is This For Private or-Business Use? .....px�FVA-t'?.......I........... ...... Area Zoning ....RES............ Complete plot plan to be drawn on reverse side of this application. FE-2 (F-1 `LIZ; I V__E DD pv� STA NEW YORK APR - 6 2021 COUNTY OF ...... So _�ovjn ........ being duly sworn deposes and says that he is the-applicant-f%l�-Ithei.lb.lve"described permit, and that all statements contained herein are true to the best of his knowledge and belief, that the work will be done in the manner set forth in the application and as approved by the Board of Trustees of the Town of Southold, and the applicant agrees to hold the Town of Southold and said trustees harmless and free from any and all dar4ages and claims arising under or by virtue of said permit. Sworn to before me tb* . .. ........d of ­4til....... 191R... ........ .. Notary public ......... ... .. ........ .................. County of .......... .... CORMELIA C.KECGIJ NOTARY PUBLIC,Stale of New York No.52.2093890 w c I C3,) !V NO eavGaerE 1/4'PER FOOT MIN PITCH 1/6'PER FOOT MIN VAowrs ee"°a Bemama.,b enla4a z4' MIN 4"DIA SANITARY PIPE PVC WASTE LINE ,,n,m�e..w pra.np,emw,�am et me makmem..aa>=,nuaen PLWIR.n)tn.n.vaoatsmx.LE,JeeaEnw PROPOSED sTOP` ENn SDR 35 P ELEL. SDR 35 rEaeLARCN„Eer,m m,a aaom..ldtm.rzmm PANE! WATER TICHT FRAME&COVER z Tl.wmlpnauwoms mm,naa,mm.afgww.,blm�,ep....amcnavuoss+Jmnew(sep�m lmmer O - Ruzme>xl.,eem,ne,,,emJpme.amn,neARmvaeTreaemN snkm wmrerl a,awn as sNmR�mN aiaR t-WR IMFHOUSE CONCRETE COLLAR W/APPROVED LOCKING DEVICE a�faai`�' 0,�u u;m.ie�v wom�z e�ueh n EG>•>sp iTMoma.kmN TO WEIGH 60 LBS MIN OR _=„eeero„mn,,,du,miva�vaeaaxr"am ere wmmeanm Pre.le....e v.mernm.mrm�mh= FF EL 140' 20• ne °"T STOPPER END PLUG SECONDARY SAFETY D-BOX " Aw eaE.ara PACFwO UDS/DEVICES TO BE PRONDED BELOW GRAVERS .eAewkL.evAowrw s�,av,e=emn...an nna s.a...anmur.eeve..memrm.ao zovN.�rx. 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TEST HOLD DATA TIP e..NuoUtE fr ME,NELrt�r,°.L, NAwV E a; E��a,o R[,rwLL,[wN.�r m�a.a.=.R Mee M0[a BY McDONALD GEOSCIENCE °—""I"L 2/22/19 @ 12 45 PM MSO 'lp ar NnWNawUMa�R..n.ww �m�,Nr�w" �»m..na�mwp /„� K1 arKCEIA qY EL. 5 5' MIXED SAND o' > coq m , SANITARY SYSTEM DESIGN AND LOAM _ O EL 0.5' WATER N 4.7 A �WEST LAKE m ® a •*I° HIGH GROUND WATER DESIGN o a ._°a ANDMIXEDLOAMD sc W 3 BEDROOMS Y ERonc Ncpr. I/A=FUJI CLEAN CEN-5 = 1-4 BR WATER IN 11 o' BROWN BOG Q LEACHING UU WATER IN 13.0' .,nna BROWN SILTY aJ.o.ammmvr � SECT[ONA-A VIEW SECTIONB-H VIEW [5] S'X2' DEEP LEACHING POOLS � mY ~ 1! `" '°4`Juac'� _ � UJ [2] 8'X2' DEEP EXPANSION POOLS r SM SAND 15 0' � PRS UxE RF N.aeaars s� a., -� w CEN-5 �- W o WATBROWN — _ 750 WEST LAKE DRIVE F— w PALE FINE TO sW t wE= AK En DRI — � _ — Structural Drawing W CD / (33 WIDE> --T- SOUTHOLD, NY Z COARSE — — — — — — U w rn SANG 17.0' "a ' 'R,K_.` ]L^ — — — SCTM# 1000-90-02.0-1.0 a / 9 7704'a-a, Z to 57C14J'$D'E nat N70 43 300°°' SUBDIVISION OF CEDAR D POLYLOK 20' N •l DISTRIBUTION BOX LL- (n [o 285 CY OF CLEAN }8'� TOP WALL W/LOCKING COVER BEACH PARK = U- o FILL USED TO I EL 61' O m `xlaEAw t R 1 1 m 1 a BACK—FILL THE W 0. D O e 7 5 REBAR FROM OWTS FILED DEC 20, 1927 D SANITARY SYSTEM I ®18'0c ATO LEACHING FIELDS LL! a �a �Rr„L O (burl) PROWDE SPEED LEVELER J�\��-;� o L I AREA FOR HEALTH O I �wGcu °ARIES ON EACH OUTLET DEPARTMENT APPROVAL STAMP °Z -1 9 * I2' THICK UNOERDRAIN �J O 5 REBAR FILTER MATERIAL TYPE I `�-� ®(vert to 0 C. JORAIII VARIES POLYLOK D—BOX DETAIL �A All ; :sraaY:;`'r;�-- 0 4B'A 5 VOWEL I o ;'' ,;,� lo•WITH HOOK I N.T.S. W Lot 4'KEY NOCONCRETE'TO BE 3000 PS -= n I° 2-STEEL 70 BE BO x51h `ONJ-NRF BUFFER E� + Y J-ENGINEER TO CERTIFY THE FINAL I IyTO BE NNNTAWED IN CONSTUC RON OF RETAIN/NG WALL ASI Io (PRESENT CONDITION) R 8• — — — REQUIRED BY HEALM DEPT ENGINEER TO BE CALLED TO INSPECT THE rFI)) 48' REINFORCING BEFORE PLACEMENT OF CONCRETE E NON-MSTURBANCE BUFFER' I•� '0v`Q9 < /5 REBAR O 8'EACH WAY IN FOOTING I SSS`; _ I APR — 6 2021 N69'44'34 W ef.e� 89 9J' N70'J9'33"W RETAINING WALL DETAIL •"� LEGEND N.T.S 4i�fta�h O — tO �>♦ I �(,J'l'I ;]Y'�T:II DRAWN BY-JF/JP ESTING GRADE =PROPOSED GRADE I LDcit1 9i Tr's'.ce5 LP=LEACHING POOL _ JANUARY 21,2021 FP w EXPANSION POOL OP=DISTRIBUTION POOL yj0� _..W LITTLE PECONIC BAY SCALE AS NOTED 7-NQTTF PT AN g195e-pw�'756mm, -pe PROFESSIONAL ENGINEER P.O.BOX 616 SOUTHOLD,NY (631)765-2954 W 72 W W 0 V � ,, i w o FRONT ELEVATION O > x APR - 6 2021 p„ O O �n 5cut�Lld jawn u r! i /!Il 11 i/n/ m DRAWN BY: JF 9/27/2020 SCALE: SEE PLAN SHEET NO: RIGHT ELEVATION PROFESSIONAL ENGINEER P.O. BOX 616 SOUTHOLD, NY (631)765-2954 Mom— C) E-1 Q REAR ELEVATION APR - 6 2021 O � H a. O �D O cn ° DRAWN BY: JF 9/27/2020 SCALE: SEE PLAN SHEET NO: LEFT ELEVATION A � 2 PROFESSIONAL ENGINEER P.O.BOX 616 SOUTHOLD, NY (631)765-2954 W w W = w A LU W H Q C) ocn ❑ � a, EL 140 EL IIO --------- -- EL 100 EL 74 EL 70 ELbo El 5 0 DRAWN BY: JF 9/27/2020 SCALE: SEE PLAN WEST ELEVATION SCALE: i/s" = V-011 ��l. j I► SHEET N L' LJ APR - 6 2021 SQUti�91d har d of TrU5i3eS Cantrell, Elizabeth From: West Lake <westlakeassocinc@gmail.com> Sent: Thursday, March 18, 2021 11:59 AM To: Cantrell, Elizabeth Cc: Cantrell, Elizabeth Subject: [SPAM] - Fwd: 750 West Lake Drive; SCTM# 1000-090-02.00-001.000 Attachments: WLA-750 West Lake Dr Ltr 3-15-21.pdf Ms. Cantrell, Kindly confirm your receipt of the attached letter and that it has been placed in the project file. Thank you. Alvin Schein ---------- Forwarded message --------- From: West Lakewestlakeassoo aie, )gillail om> Date: Mon, Mar 15, 2021 at 2:47 PM Subject: 750 West Lake Drive; SCTM# 1000-090-02.00-001.000 To: <tljll dullytown.south,(I l.ny.us Cc: <n s lle l cr,town.5Qut11o1d.n .q , <elizabeth. antrell_4own.southold.n Mr. Duffy, Please see the attached letter regarding the current pending application by 106 Mulberry Corporation for a permit to construct a single-family dwelling and a dock. Because of the numerous reasons enumerated in the letter, we believe that the applicant does not have the legal right to obtain a permit for a new dock without the consent of West Lake Association, Inc. and also believe that the now detached dock and catwalk are illegal. We respectfully request that the Trustees order an inspection of the subject property in order to view the detached dock and catwalk. We also request that Ms. Cantrell place a copy of this letter in the applicant's file, so that it is on record. West Lake Association By: Alvin Schein, President MAR 1 8 NZI d, 1 WEST LAKE ASSOCIATION, INC. Ennafl: VVestLai(eAss(:)ciric@S..?,MaiLl,,oro Via Email: bdl.dUffy('i jLiary,silltck a�tomm southctljc F, elizabeth.cantn elLCalLowv'a,soith,c)�d,riL L�,ss _777 ........... March 15, 2021 �� '' it r Bill Duffy, Esq. Southold Town Attorney MAR 1 8 2021 ,J Town Hall Annex 54375 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Property at 750 West Lake Drive, Southold NY SOT M# 1000-090.00-02.00-001.000 (the "Mulberry Property") Application by 106 Mulberry Corporation for Permit to Construct a Single-Family Dwelling and Dock Dear Mr. Duffy, This letter is being written on behalf of the West Lake Association, Inc and also on behalf of fifteen (15) owner of properties that have frontage on West Lake in Southold and who are members of West Lake Association, Inc ("WLA"). The purpose of this letter is to respond tot assertion made by counsel to 106 Mulberry Corporation ("Mulberry"),the applicant under the above referenced application, at the last hearing on this matter before the Board of Trustees, to the effect that Mulberry has a "prescriptive easement" as against WLA to maintain an existing illegal dock and presumably to construct a new dock to be affixed to a portion of a bulkhead that is nota acent to the Mulberry Property. We respectfully submit that a prescriptive easement cannot exist and that Mulberry does not have the right to either maintain the existing dock or to construct a new dock for the following reasons: 1. A "prescriptive easement" is a permanent legal right to use the real property belonging to another person and is a form of "adverse possession." It is created, by the open and hostile use of another'sL-�31 rop­rry for a continUOUS period of at least 10 years.I hese rrrWbqua rernents have not been met. 2, Mulberry admits that Mulberry's illegal dock was attached to a bulkhead not owned by Mulberry. The bulkhead is attached to real property, but the bulkhead 1. itself is not real property. Therefore, the Mulberry's use of the bulkhead in question does notnneet1hefirstnequinennentnfuseofanother's E221 prop ty. 3. A right of way separates the Mulberry Property from the bulkhead, so there is no contiguity between the Mulberry Property and the bulkhead. A prescriptive easement requires contiguity. 4. Further, even ifthe requirement stated iDthe preceding paragraphs had been met, . the Mulberry's dock has not been continuously attached to the bulkhead in ' question for period of at least 10 years. Each and every autumn, Mulberry detaches its dock from the bulkhead and the steel pilings and stores the catwalk on the land. During the winter, the dock is restrained from floating away only by ropes.Atthe present time,the Mulberry's dock|snot affixed tothe bulkhead. We respectfully request that the Trustees inspect the subject area to ascertain what is being said in this letter. A recently taken photo of the detached steel pilings thmtsuppprtthe Mulberry dock and aphoto ofthe detached Mulberry catwalk are attached to this correspondence. Therefore, the requirement of lO years of continual use has clearly not been met in order to establish a prescriptive easement. 5. Mulberry's application states that the proposed dock(including a catwalk) will be an "in-kind" replacement, which is not true. There is an existing (now detached) non-permitted dock (and catwalk) in approximately the same location, which are smaller than the proposed dock and catwalk, so the proposed dock is not an "in- kind" replacement. 6. Since the owners of the Mulberry Property never obtained a permit for the existing dock (and catwalk), an "in-kind" replacement is not legally possible, as there isnolegal dock toreplace. 7. As a matter of law under the Southold Town Codes, no one has the right to attach a dock atthe end ofavight-ofxvaytoproperty that they dnnot own, without the consent of all parties in interest. Section 275-11(C)(2Ka\(8) of the Code of the Town ofSouthold specifically states: "Any application for a dock to be constructed at the end of right-of-way or commonly held land LL�guires the written consent of all parties havinLqn inte,rest in rhe riphLof-wy, regardless ofhow property interests inthe upland parcel may be divided among the owner(s), lessee(s), occupant(s), easement holder(s),QLany other person(s) or entity(ies) with a legal or beneficial 'interest in any existing or pnopmseddocking fec�flity,° VVLA is the grantee under an unrecorded deed to the bulkhead in question isattached, which gives italegal interest i 2 c� proposed docking facility. Even if it did not have a legal interest to the right-of- way, WLA, at the very least has a beneficial interest in the right-of-way because it was agreed at Mulberry's ZBA hearing in 2010, by all parties (including Mulberry) that WLA is responsible for the maintenance of the right-of-way and the portion of the bulkhead that is attached to the right-of-way. Therefore, pursuant to the Code of the Town of Southold, Mulberry cannot build a dock without the written consent of WLA. Very truly yours, West Lake Association, 1 . By: Alvin Schein, President Tel No: 917-273-2064 Eail :st.Lalccpl tiffLai pn _ 2021 <OW ...__ . 3 ibs. s ALI tZ r _ v. V Cantrell, Elizabeth From: West Lake <westlakeassocinc@gmail.com> Sent: Thursday, March 18, 2021 11:59 AM To: Cantrell, Elizabeth Cc: Cantrell, Elizabeth Subject: [SPAM] - Fwd: 750 West Lake Drive; SCTM# 1000-090-02.00-001.000 Attachments: WLA-750 West Lake Dr Ltr 3-15-21.pdf Ms. Cantrell, Kindly confirm your receipt of the attached letter and that it has been placed in the project file. Thank you. Alvin Schein ---------- Forwarded message --------- )g From: West Lake <westlake�associrrci�u,�,inail.co > Date: Mon, Mar 15, 2021 at 2:47 PM Subject: 750 West Lake Drive; SCTM# 1000-090-02.00-001.000 To: <bill.dLifiy(crz) own.soutliold..,n us=e Cc: -�iiiary.silleck�ci?towvi.soti lioldl,ny. >, <elizabeth cLint LJ a t r gtholcl rv.rzS> Mr. Duffy, Please see the attached letter regarding the current pending application by 106 Mulberry Corporation for a permit to construct a single-family dwelling and a dock. Because of the numerous reasons enumerated in the letter, we believe that the applicant does not have the legal right to obtain a permit for a new dock without the consent of West Lake Association, Inc. and also believe that the now detached dock and catwalk are illegal. We respectfully request that the Trustees order an inspection of the subject property in order to view the detached dock and catwalk. We also request that Ms. Cantrell place a copy of this letter in the applicant's file, so that it is on record. West Lake Association By: Alvin Schein, President f r,a AIA R P021 Jf WEST LAKE ASSOCIATION, INC. Email: WestLakeAssocInc�? m,ail.com Via Email: boll.rl��16yatow� . rutP�ol�d. � u � mart'-.5ilieck townsouthold.ny us e.lizabeth.,cantrell town.soufhold.n .us n March 15, 2021 l� Bill Duffy, Esq. Southold Town Attorney Town Hall Annex l 54375 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Property at 750 West Lake Drive, Southold NY SCTM# 1000-090.00-02.00-001.000 (the "Mulberry Property") Application by 106 Mulberry Corporation for Permit to Construct a Single-Family Dwelling and Dock Dear Mr. Duffy, This letter is being written on behalf of the West Lake Association, Inc and also on behalf of fifteen (15) owner of properties that have frontage on West Lake in Southold and who are members of West Lake Association, Inc ("WLA"). The purpose of this letter is to respond to the assertion made by counsel to 106 Mulberry Corporation ("Mulberry"),the applicant under the above referenced application, at the last hearing on this matter before the Board of Trustees, to the effect that Mulberry has a "prescriptive easement" as against WLA to maintain an existing illegal dock and presumably to construct a new dock to be affixed to a portion of a bulkhead that is not adjacent to the Mulberry Property. We respectfully submit that a prescriptive easement cannot exist and that Mulberry does not have the right to either maintain the existing dock or to construct a new dock for the following reasons: 1. A "prescriptive easement" is a permanent legal right to use the real property belonging to another person and is a form of "adverse possession." It is created, by the open and hostile use of another's real property for a continuous cod of at least 10 years, These requirements have not been met. 2. Mulberry admits that Mulberry's illegal dock was attached to a bulkhead not owned by Mulberry. The bulkhead is attached to real property, but the bulkhead 1 itself is not real property. Therefore, the Mulberry's use of the bulkhead in question does not meet the first requirement ofuse ofanother's 3� A ,ieht ofway separates the Mulberry Property from the bulkhead, sothere isno contiguity between the Mulberry Property and the bulkhead. A prescriptive easement requires contiguity. 4. Further, even ifthe requirement stated iMthe preceding paragraphs had been met, ' the Mulberry's dock harat1ached to the bulkhead in ' question for a period of at least 10 years. Each and every autumn, Mulberry detaches its dock from the bulkhead and the steel pilings and stores the catwalk mnthe land. During the winter, the dock iyrestrained from floating away only by ropes.A1the present time,the Mulberry's dock islnot ofFixedto the bulkhead. We respectfully request that the Trustees inspect the subject area to ascertain what is being said in this letter. /\ recently taken photo of the detached steel pilings that supporttheMulberry dock and aphoto mfthe detached Mulberry catwalk are attached to this correspondence. Therefore, the requirement of 10 years of continual use has clearly not been met in order to establish a prescriptive easement. 5. Mulberry's application states that the proposed dock (including acatwalk) will be an "in-kind" replacement, which is not true. There is an existing (now detached) non-permitted dock (and catwalk) in approximately the same location, which are smaller than the proposed dock and catwalk, so the proposed dock is not an In- kind" replacement. 6. Since the owners of the Mulberry Property never obtained a permit for the existing dock /and catwalk), an "in-kind" replacement is not legally possible, as there is no legal dock toreplace. 7. As a matter of law under the Southold Town Codes, no one has the right to attach a dock at the end of a right-of-way to property that they do not own, without the consent of all parties in interest. Section 275-12(C)/2\(e)/8\ of the Code of the Town of Southold specifically states: "Any application fora dock to be constructed at the end of right-of-way or commonly held land regardless of how property interests in the upland parcel may be divided among the owner(s), lessee(s),accupant(s), easement holder(s),QLany other person,(s) or ent ity(ies�with ,q legal 9[ beneficial interest inany existing or prolposed dockingfacWit�.~ r-�- --- - - - - -- = � VVL4 is the grantee under an unrecorded deed to the right-of-way to which the bulkhead in question is attached, which gives ita legal�interest iothe, Mulberry's 2A� " proposed docking facility. Even if it did not have a legal interest to the right-of- way, WLA, at the very least has a beneficial interest in the right-of-way because it was agreed at Mulberry's ZBA hearing in 2010, by all parties(including,Mulberry) that WLA is responsible for the maintenance of the right-of-way and the portion of the bulkhead that is attached to the right-of-way. Therefore, pursuant to the Code of the Town of Southold, Mulberry cannot build a dock without the written consent of WLA. Very truly yours, Association,West Lake Inc. By:Alvin Schein, President Tel 17-273-206 Email: W' sftaskAsa odncLrf%r7l,dgUc7rn R 0 8 2021 3 s z =- ��� ���� �, �� - \_\ �- � \ \ __ \ �\ z �' ��'� ;. ,. =� � � * �;` �_; t �� _� � e_ ,, - �- ��a� �. ._ ;, -- �' � - �, is � '' v � —�.. �- � 1 z_ _ _ _. � :,.\, yA �. g� �. ., --� -.e � r f��,t�P ��v �•�. ��� � � : h e � � m ,� � ��, � �-�� ,�- �: � � �� u �� � � �� �� � . �� ��� `�„y A w �`- � � - `.' ,. _. �Av � - _ = u � y ���. � ;,� � _ _ �-__ Cantrell, Elizabeth From: West Lake <westlakeassocinc@gmail.com> Sent: Monday, March 15, 2021 2:48 PM To: Duffy, Bill Cc: Silleck, Mary; Cantrell, Elizabeth Subject: [SPAM] - 750 West Lake Drive; SCTM# 1000-090-02.00-001.000 Attachments: WLA-750 West Lake Dr Ltr 3-15-21.pdf Mr. Duffy, Please see the attached letter regarding the current pending application by 106 Mulberry Corporation for a permit to construct a single-family dwelling and a dock. Because of the numerous reasons enumerated in the letter, we believe that the applicant does not have the legal right to obtain a permit for a new dock without the consent of West Lake Association, Inc. and also believe that the now detached dock and catwalk are illegal. We respectfully request that the Trustees order an inspection of the subject property in order to view the detached dock and catwalk. We also request that Ms. Cantrell place a copy of this letter in the applicant's file, so that it is on record. West Lake Association By: Alvin Schein, President ����'� �� �� ����/�n@�����Y� INC.' __`' - _~~~�—. ^~~~~'`'~~ ~~ ~~,^ .� �^�~~ Email: West La keAssocIncLn1,m ail.com Via Email: March 15, 2O21 Bill Duffy, Esq. MAR 15 2021 Southold Town Attorney Town Hall Annex 54375Route ZS P.{). Box 1179 ~----------� ----------� Southold, NY11971 Re: Property at7G0West Lake Drive, Southold NY SCTM# 1O0O-O3D.UO'D2.00-O01.0OO (the "Mulberry Property") Application by 1O6Mulberry Corporation for Permit toConstruct a Single-Family Dwelling and Dock Dear Mr. Duffy This letter is being written on behalf of the West Lake Association, Inc and also on behalf of fifteen (15) owner of properties that have frontage on West Lake in Southold and who are members of West Lake Association, Inc (^VVLA"). The purpose of this letter is to respond to the assertion made by counsel to 106 Mulberry Corporation ("Mulberry"),the applicant under the above referenced application, at the last hearing on this matter before the Board of Trustees, to the effect that Mulberry has a ~'prescriptive easement" as against VVLAto maintain an existing illegal dock and presumably to construct a new dock to be affixed to a portion of a bulkhead that is not adjacent to the Mulberry Property. We respectfully submit that a prescriptive easement cannot exist and that Mulberry does not have the right to either maintain the existing dock orto construct new dock for the following reasons: l. A "prescriptive easement" is a permanent legal right to use the real property belonging to another person and isaform of "adverse possession." It is created, by the open and hostile use of another's real property fora of atleast 1Oyears. These requirements have not been met. 2. Mulberry admits that Mu|beny's illegal dock was attached to a bulkhead not owned by Mulberry. The bulkhead is attached to real property, but the bulkhead 1 itself is not real property. Therefore, the Mulberry's use of the bulkhead in question does not meet the first requirement of use of another's real property. 3. A right of way separates the Mulberry Property from the bulkhead, so there is no contiguity between the Mulberry Property and the bulkhead. A prescriptive easement requires contiguity. 4. Further, even if the requirement stated in the preceding paragraphs had been met, the Mulberry's dock has not"been continuously attached to the bulkhead in question for a period of at least 10 years. Each and every autumn, Mulberry detaches its dock from the bulkhead and the steel pilings and stores the catwalk on the land. During the winter, the dock is restrained from floating away only by ropes.At the present time,the Mulberry's dock is not affixed to the bulkhead. We respectfully request that the Trustees inspect the subject area to ascertain what is being said in this letter. A recently taken photo of the detached steel pilings that support the Mulberry dock and a photo of the detached Mulberry catwalk are attached to this correspondence. Therefore, the requirement of 10 years of continual use has clearly not been met in order to establish a prescriptive easement. 5. Mulberry's application states that the proposed dock (including a catwalk) will be an "in-kind" replacement, which is not true. There is an existing (now detached) non-permitted dock (and catwalk) in approximately the same location, which are smaller than the proposed dock and catwalk, so the proposed dock is not an In- kind" replacement. 6. Since the owners of the Mulberry Property never obtained a permit for the existing dock (and catwalk), an "in-kind" replacement is not legally possible, as there is no legal dock to replace. 7. As a matter of law under the Southold Town Codes, no one has the right to attach a dock at the end of a right-of-way to property that they do not own, without the consent of all parties in interest. Section 275-11(C)(2)(a)(8) of the Code of the Town of Southold specifically states: "Any application for a dock to be constructed at the end of a right-of-way or commonly held land requires the written consent of all artier havin , an interest in the right-of-way, regardless of how property interests in the upland parcel may be divided among the owner(s), lessee(s),occupant(s), easement holder(s), or any other person(s) or ntitv(�es J_,v�/itLi gje til or beneficial interest in any existing or proposed docking facility." WLA is the grantee under an unrecorded deed to the right-of-way to which the b, lkhead in question is attached, which gives it a legal interest in the Mulberry's ryh 1 Y 1 e f N MAR 1 5 2021 I proposed docking facility. Even if it did not have a legal interest to the right-of- way, WLA, at the very least has a beneficial interest in the right-of-way because it was agreed at Mulberry's ZBA hearing in 2010, by all parties (including Mulberry) that WLA is responsible for the maintenance of the right-of-way and the portion of the bulkhead that is attached to the right-of-way. Therefore, pursuant to the Code of the Town of Southold, Mulberry cannot build a dock without the written consent of WLA, Very truly yours, West Lake Association, Inc. " ")/""T 4 By: Alvin Schein, President Tel No: 917-273-2064 Email: MAR 1 5 20? 3 yam` c ' k. is �s V' _ a � r T = 4 , 5 a b , e — - Cantrell, Elizabeth From: robert@suffolkenvironmental.com Sent: Thursday, March 11, 2021 4:06 PM To: Cantrell, Elizabeth Cc: 'Bruce Anderson' Subject: 106 Mulberry Corp Property (MOY) 750 W. Lake Dr. - Adjournment Hi Elizabeth, It looks as thought we will have to adjourn the meeting for the subject property, awaiting further survey revisions... Many Thanks, Robert W. Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 i Suffolk Environmental Consulting, Ince Ne\vnian Villaee r Suite E • 2310 Main Street PO Box 2003 Brideehampton NY 11932-2003 t 631.537.5160 f 631.537.5291 Bruce Anderson,M.S., President SEN "bit WUL REGULAR MAIL February 16, 2021 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: 106 MULBERRY CORP. Property Adjournment of Piibiic Hearing Situate: 750 West Lake Drive • Southold, NY • 11971 SCTM#: 1000—090--02—01 Dear Members of the Board, As you know, our Firm represents the owners of the subject property, who's application is scheduled to be reviewed before your Board at the February 17,2020 Public Hearing. We hereby request that the matter be adjourned to the next available public hearing in the month of March, 2021 as we await survey revision. Thank you for your time and consideration regarding this matter. incerely, I Bruce A. Anderson l i Cantrell, Elizabeth From: Bruce Anderson <bruce@suffolkenvironmental.com> Sent: Tuesday, January 19, 2021 10:07 AM To: Cantrell, Elizabeth Cc: 'Michael Solomon' Subject: RE: 105 Mullberry Attachments: D00003.pdf Elizabeth Request is made to adjourn 105 Mullberry Corp for another month to allow additional time for design revisions under consideration. See attached. Bruce Suffolk Environmental Consulting,, Inc. Newimin Village . Suite E - 2310 Main Street PO Box 2003 • Brid-ehawton NY 11932-2003 t 631.537.5160 f 631 .537.5291 Bruce Anderson.M.S., President SEN`b�y E ; fL &REGULAR MAIL January 19, 2021 JAN 1 9 2021 Board of Trustees Town of Southold . P.O. Box 1179 _.. ... Southold, NY 11971 RE: 106 MULBERRY CORP. Property Adjournment of Public Hearing Situate: 750 West Lake Drive •Southold, NY . 11971 SCTM#: 1000-090-02-01 Dear Members of the Board, As you know, our Firm represents the owners of the subject property, who's application is scheduled to be reviewed before your Board at the January 20, 2020 Public Hearing. We hereby request that the matter be adjourned to the next available public hearing in the month of February, 2021. Thank you for your time and consideration regarding this matter. Sincerely, . .. , zt� t,00 Bruce A. Anderson Cantrell, Elizabeth From: Dave Bergen <davebergen78@gmail.com> Sent: Wednesday, December 16, 2020 9:21 AM To: Cantrell, Elizabeth Subject: 106 Mulberry Attachments: IMG_1230.JPG; ATT00001.txt; IMG_1229.JPG;ATT00002.txt; IMG_1228.JPG;ATT00003.txt For tonight's hearing documenting dock has been removed from bulkhead ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i 4 ... jam-�- NN=— oto- i_.7m_ w - ate! - `, r.�' _ •_ s Z - Cantrell, Elizabeth Subject: FW:Trustees Meeting -Wednesday, November 18th, 2020 From:Cantrell, Elizabeth Sent: Monday, November 16, 2020 10:42 AM To: 'robert@suffolkenvironmental.com'<robert@suffolkenvironmental.com> Subject: RE:Trustees Meeting-Wednesday, November 18th, 2020 Hi Robert, Thank you for letting me know now about the postponements,the earlier the better. Also, there is never a problem to place someone last on the agenda so that's all set. Try to stay awake though, it is a long agenda and I think it will be a long night. Senior Office Assistant Town of Southold Board of Trustees � M Office: 631-765-1892NOV : 2020 1 �'F ... Email: cliz abethc @sotitholdto A,riny, o From: robert@suffolkenvironmental.com<ro ert suffolkenvironirental,com> !..:.. --- Sent: Monday, November 16, 2020 10:10 AM To: Cantrell, Elizabeth <elizabethc town.soLithold.n .us> Subject:Trustees Meeting-Wednesday, November 18th, 2020 Good Morning Elizabeth, I am reaching out to you with two requests for adjournments for this weeks meeting, and they are as follows; 1. MOY(106 Mulberry Corp)—request for adjournment in order to continue discussions with the neighborhood association (West Lake Homeowners Association)to reach an amicable solution. Please re-schedule this matter to be heard at the next available Trustees hearing. 2. HANS—Request for adjournment, as the applicant currently objects to the placement of a non-turf buffer on the seaward side of the property, and would like the opportunity to discuss other options with the board. Please be so kind as to re-schedule these two matters to be heard by the Board at its next available meeting/work session. Also, we may have a schedule conflict with the upcoming meeting, as the Southampton Town Conservation Board has another one of our projects before them scheduled on the same day at the same time. If it wouldn't be too much trouble, would you be so kind as to possibly schedule our matters to be heard towards the end of the agenda. If this isn't possible, don't worry we will find a way to work this out. Looking forward to hearing back from you, Robert W. Anderson 1 Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 (631) 537—5160 ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. .i lNOV1 6 20201 i I 2 Glenn Goldsmith, Pre A Town Hall Annex Michael J. Domino 'F 54375 Route 25 John M. Bredemeyer III sT P.O. Box 1179 A.Nicholas Krupski Southold,NY 11971 Greg Williams � r Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ` F 1 1st _- i I J Date/Time- ed s Completin field by= Suffolk Environmental Consulting on behalf of 106 MULBERRY CORP. requests a Wetland Permit to construct a two story, single family dwelling (25'x42'4", ±1,058.25sq.ft.)with attached 7.3'x48.2' (351.86sq.ft), deck on south side of dwelling; install a 25'x6' (±150sq.ft.) stone driveway, a 12'x20' parking area on west side of proposed dwelling, and an 11'x20' parking area on north side of proposed dwelling; install a new innovative, alternative nitrogen reducing water treatment system (AI/OWTS); install sanitary retaining wall at an overall length of 99.5' and a width of 8.0" across the top of the wall; and to replace the failing bulkhead on west side and north side of the lot as well as to replace the wood jetty which extends into West lake, consisting of 198.0 linear feet of bulkhead to be replaced along the westerly and northerly portions of the subject property with the following measurements: timber top cap: 2.25'wide extended along the entirety of the bulkhead to be replaced, 9" diameter timber piles, 6"x6"timber whalers, ±6.0' long tie-rods, ±6" diameter dead-men, and the use of vinyl sheathing (CLOC or similar); the bulkhead return located perpendicular to the northerly portion of the bulkhead to be replaced at an overall length of 11.0' with a 2.25' wide top-cap, 9.0" diameter piles, 6"x6"timber walers, ±6.0' long tie-rods, ±6" diameter dead-men, and vinyl sheathing (CLOC or similar); the existing wood jetty to be replaced with new 15.0' long jetty with 9.0" diameter piles placed 1.5' o/c alternating between the east and west sides of the jetty, the use of vinyl sheathing (CLOC or similar), 6"x6" timber walers on both sides of the jetty, and 2.75' tie-rods; existing wood dock assembly to be removed at the start of the bulkhead replacement and re-installed in-kind and in-place at the completion of the bulkhead replacement consisting of a landward 5'x5' wood platform to a 14.1'x3.5' wooden ramp with 3.5' tall railings; a 13.5'x7.0' wooden float secured by four(4) 9.0" diameter piles with two on the landward side of the float and two on the seaward side of the float. Located: 750 West Lake Drive, Southold. SCTM# 1000-90-2-1 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/application completeness/comments/standards: I have read & acknowledged the foregoing Trustees comments: Agent/Owner: Present were: J. Bredemeyer M. Domino G. Goldsmith N. Krupski G. Williams Other • Suffolk Environmental Consulting, Inc. Newman Village - Suite E - 2310 Main Street PO Box 2003 µ Bridgehampton NY 11932-2003 t 631-537-5160 f 631.537.5291 Bruce Anderson,W., President SENT by EMAIL &REGULAR MAIL October 13, 2020 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: 106 MULBERRY CORP. Property -Adjournment of Public Hearing Situate: 750 West Lake Drive - Southold, NY - 11971 SCTM#: 1000 - 090 -02- 01 Dear Members of the Board, As you know, our Firm represents the owners of the subject property, who's application is scheduled to be reviewed before your board at the October 14, 2020 Public Hearing. We hereby request that the matter be adjourned to the next available public hearing in the month of November. Thank you for your time and consideration regarding this matter. Sincerely, Bruce A. Anderson Glenn Goldsmit`pr �sident � � 0 � ,, Town Hall Annex Michael J. Domino 54375 Route 25 John M. Bredemeyer III P.O.Box 1179 A.Nicholas Krupski ?' Southold,NY 11971 FY Greg Williams �� � ` , '` Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 0 Date/Time: 1 Completed in field by: Suffolk Environmental Consulting on behalf of 106 MULBERRY CORP. requests a Wetland Permit to construct a two story, single family dwelling (25'x42'4", ±1,058.25sq.ft.)with attached 7.3'x48.2' (351.86sq.ft), deck on south side of dwelling; install a 25'x6' (±150sq.ft.) stone driveway, a 12'x20' parking area on west side of proposed dwelling, and an 11'x20' parking area on north side of proposed dwelling; install a new innovative, alternative nitrogen reducing water treatment system (AI/OWTS); install sanitary retaining wall at an overall length of 99.5' and a width of 8.0" across the top of the wall; and to replace the failing bulkhead on west side and north side of the lot as well as to replace the wood jetty which extends into West lake, consisting of 198.0 linear feet of bulkhead to be replaced along the westerly and northerly portions of the subject property with the following measurements: timber top cap: 2.25' wide extended along the entirety of the bulkhead to be replaced, 9" diameter timber piles, 6"x6"timber whalers, ±6.0' long tie-rods, ±6" diameter dead-men, and the use of vinyl sheathing (CLOC or similar); the bulkhead return located perpendicular to the northerly portion of the bulkhead to be replaced at an overall length of 11.0' with a 2.25' wide top-cap, 9.0" diameter piles, 6"x6"timber walers, ±6.0' long tie-rods, ±6" diameter dead-men, and vinyl sheathing (CLOC or similar); the existing wood jetty to be replaced with new 15.0' long jetty with 9.0" diameter piles placed 1.5' o/c alternating between the east and west sides of the jetty, the use of vinyl sheathing (CLOC or similar), 6"x6" timber walers on both sides of the jetty, and 2.75' tie-rods; existing wood dock assembly to be removed at the start of the bulkhead replacement and re-installed in-kind and in-place at the completion of the bulkhead replacement consisting of a landward 5'x5' wood platform to a 14.1'x3.5' wooden ramp with 3.5' tall railings; a 13.5'x7.0' wooden float secured by four(4) 9.0" diameter piles with two on the landward side of the float and two on the seaward side of the float. Located: 750 West Lake Drive, Southold. SCTM# 1000-90-2-1 CH. 275-3 - SETBACKS - WETLAND BOUNDARY: Actual Footage or OK=� 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 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: l i s ��re JpV�P,� o �d J S�[a 6� r -POP 'Wz /Iouq _Z vd�k I have read & acknowledged the foregoing Trustees comments: Agent/Owner: Present were: / J. Bredemeyer /M. Domino / G. Goldsmith /N. Krupski /G. Williams Other Suffolk Environmental Consulting, Inco Newman Village ® Suite E 2310 Main Street PO Box 2003 e Bridgehampton NY 11932-2003 t 631.537.5160 m f 631.537.5291 Bruce Anderson,M.S.,President SENT by REGULAR MAIL September 81h, 2020 IDI FI ,; 1 Board of Trustees ll( _ `L Town of Southold SEP 9 2020 P.O. Box 1179 Soutiio�tl io4v'n�`� Southold, NY Boar Of Trustees 11971 RE: 106 MULBERRY CORP. Property—Adjournment of Public Hearing Situate: 750 West Lake Drive • Southold, NY • 11971 SCTM#: 1000—090—02— 01 Dear Members of the Board, As you know our Firm represents the owners of the subject property, who's application is scheduled to be reviewed before your board at the September 16th, 2020 Public Hearing. We hereby request that the matter be adjourned to the next available public hearing in the month of September. Thank you for your time and consideration regarding this matter, should you have any questions or concerns pertaining to this application, please feel free to reach out to this office at any time. Sincerely, Robert W. Anderson Cantrell, Elizabeth From: Cantrell, Elizabeth Sent: Tuesday, September 8, 2020 1:20 PM To: 'robert@suffolkenvironmental.com' Cc: 'Bruce Anderson'; msolomon@nyflalaw.com Subject: RE: 106 Mulberry Corp. - 750 West Lake Drive, Southold Hello Robert, Regarding your request in the email below, our next public hearing is scheduled for Wednesday,,October 14, 2020. This application will be rescheduled to that meeting date. 544" &&ora Senior Office Assistant Town of Southold Board of Trustees Office: 631-765-1892 Email: elizabethc@southoldtownny.gov From: robert@suffolkenvironmental.com <robert@suffolkenvironmental.com> Sent:Tuesday, September 8, 202012:46 PM To:Cantrell, Elizabeth <elizabethc@town.southold.ny.us> Cc: 'Bruce Anderson' <bruce@suffolkenvironmental.com>; msolomon@nyflalaw.com Subject: 106 Mulberry Corp.-750 West Lake Drive,Southold Good Afternoon Elizabeth, Hope that you had an enjoyable Labor Day, by way of this correspondence, our Firm hereby requests that the matter of 106 MULBERRY CORP be adjourned to the next available Trustee Hearing in the month of September. Thank you for your time and consideration regarding this matter, should you have any questions or concerns pertaining to this application please feel free to reach out to this office at any time. Original hard copy of this request to follow by regular mail. Sincerely, Robert W.Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 (631)537-5160 ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i Cantrell, Elizabeth From: Cantrell, Elizabeth Sent: Tuesday, August 18, 2020 12:35 PM To: robert@suffolkenvironmental.com' Subject: information request for two applications Hi Robert, During last night's work session, the Board requested that I contact you regarding two of your applications and that they are requesting information. Regarding your application for Patricia Goeller Kirkpatrick, SCTM# 1000-111-1-34,the Board is requesting a full set of elevation/side view plans for the project to which the elevations need to include the street, proposed retaining wall, proposed driveway, and proposed dwelling with existing/proposed heights. If you are able to submit the requested either via email or hand delivery as soon as possible in order to add it to the electronic file for tomorrow's meeting it would be helpful to discuss this project during tomorrow's public hearing. Regarding your application for 106 Mulberry Corp.; SCTM# 1000-90-2-1 the Board is requesting a full set of elevation/side view plans for the project to which the elevations need to include the street, proposed retaining wall, proposed driveway, and proposed dwelling with existing/proposed heights. If you are able to submit the requested either via email or hand delivery as soon as possible in order to add it to the electronic file for tomorrow's meeting it would be helpful to discuss this project during tomorrow's public hearing. If you have any questions, please don't hesitate to ask. 564" 6vtfze& Senior Office Assistant Town of Southold Board of Trustees Office: 631-765-1892 Email: elizabethc@southoldtownny.gov Suffolk Environmental Consulting;,Inc. Newman Village • Suite E 2310 Main Street PO Box 2003 • Bridgehampton NY 11932-2003 t 631.537.5160 1631.537.5291 Bruce Anderson,M.S.,President FENT by REGULAR AIAIL August 18, 2020 Board of Trustees AVG Southold Town P.O. Box 1179 Southold NY 11971 RE: 106 MULBERRY CORPORATION Property--Request for Adjournment Situate: 750 West Lake Drive • Southold,NY • 11971 SCTM#: 1000 090—01 —02 Dear Members of the Board, As you know,this Firm represents the owners of the above referenced property,who's application is currently scheduled to be reviewed by the Board on August 19'", 2020. We hereby request that this matter be adjourned to the next available hearing date in September,to provide additional time to council with the West Lake Homeowners Associaiton. Thank you for your time and consideration regarding this matter, should you have any questions or concerns pertaining to this project, please feel free to reach out to this office at any time. Sincere ,,,,0oI0 Robert W, Anderson C.C. S. Moy M. Solomon D. Bergen Glenn Goldsn 'resident o�111 � (. Town Hall Annex Michael's. uvmino 54375 Route 25 John M. Bredemeyer III y . ` .,� P.O. Box 1179 A.Nicholas Krupski Southold,NY 11971 Greg Williams ��Ol, ° plr Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: Completed in field by: Suffolk Environmental Consulting on behalf of 106 MULBERRY CORP. requests a Wetland-Permit to construct a two story, single family dwelling (25'x42'4", ±1,058 25sq ft)with attached 7.3'x48 2' (351 86sq ft), deck on south side of dwelling, install a 25'x6' (±150sq.ft.) stone driveway, a 12'x20' parking area on west side of proposed dwelling, and an 11'x20' parking area on north side of proposed dwelling; install a new innovative, alternative nitrogen reducing water treatment system (AI/OWTS), install sanitary retaining wall at an overall length of 99 5' and a width of 8.0" across the top of the wall; and to replace the failing bulkhead on west side and north side of the lot as well as to replace the wood betty which extends into West lake, consisting of 198.0 linear feet of bulkhead to be replaced along the westerly and northerly portions of the subject property with the following measurements: timber top cap: 2.25' wide extended along the entirety of the bulkhead to be replaced, 9" diameter timber piles, 6"x6" timber whalers, ±6 0' long tie-rods, ±6" diameter dead-men, and the use of vinyl sheathing (CLOC or similar); the bulkhead return located perpendicular to the northerly portion of the bulkhead to be replaced at an overall length of 11.0'with a 2.25'wide top-cap, 9.0" diameter piles, 6"x6" timber walers, ±6.0' long tie-rods, ±6" diameter dead-men, and vinyl sheathing (CLOC or similar); the existing wood jetty to be replaced with new 15.0' long jetty with 9 0" diameter piles placed 1 5' o/c alternating between the east and west sides of the betty, the use of vinyl sheathing (CLOC or similar), 6"x6"timber walers on both sides of the jetty, and 2.75' tie-rods; existing wood dock assembly to be removed at the start of the bulkhead replacement and re-installed in-kind and in-place at the completion of the bulkhead replacement consisting of a landward 5'x5' wood platform to a 14.1'x3.5'wooden ramp with 3.5' tall railings; a 13.5'x7.0' wooden float secured by four(4) 9.0" diameter piles with two on the landward side of the float and two on the seaward side of the float. Located: 750 West Lake Drive, Southold. SCTM# 1000-90-2-1 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: 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: --` 4-- I have read & acknowledged the foregoing Trustees comments: Agent/Owner: Present were: /J. Bredemeyer M. Domino G. Goldsmith N. Krupski G. Williams Other AERIAL VEIW ELEVATION VIEW PROPOSED TIMBER PROPOSED TIMBER Scale: 1" = 40' Scale: 1" 1' TOP CAP (2.25'W) PILING (9.0" a �) — EXISTING GRADE M _ O PROPOSED TIE ROD I (±6.0') g �i 0 pI I b ;�� i`i WEST LAKE W 7 — 3 2020 I'U o L)0 PROPOSED TIMBER '� E "? Southold Town / WALERS (6"x6") j • v Board of Tr ste WOES T 0 • 4J bio`� LAE pRIVE b 9 w 3 s., CDCD "- �y P� r E_� 0 O CUti PROPOSED DEADMAN (±6.0„ 2.0' ± A p ` - .""'°'•...:..-.,..<..-.,,,..tea.., �, ' i�"j, + - "'SBI.\.:f�l.+�FA. �•Y d_. � I O PROPOSED LL k CORRUGATED PVC s SHEATHING v 4J H LITTLE PECONIC BAY a v � � v F u a o A cn A U WOOD JETTY DETAIL (ELEVATION) DOCK ASSEMBLY DETAIL (ELEVATION) Scale: 1"= 5' Scale: 1" = 10' r 141, EXISTING GRADE 3S' 15.0' 8" 13.5' PROPOSED 6.0"x 6.0"TIMBER WALERS T q PROPOSED 9"0 TIMBER PILES PROPOSED CORRUGATED VINYL SHEATHING 5.0' 13.5' PROPOSED 9"m TIMBER PILES TIMBER WALER 7.0' _ 5.0' PROPOSED CORRUGATED VINYL SHEATHING WOOD JETTY DETAIL (AERIAL) DOCK ASSEMBLY DETAIL (AERIAL) Scale: 1" = 2' Scale: 1" = 10' 106 MULBERRY CORP PROPERTY Situate: 750 West Lake Drive • Southold,New York • 11971 SCTM#: 1000-090.00-02.00 -001.000 Drawn by: R.W. Anderson Scale: As Noted Suffolk Environmental Consulting, Inc. Date: 63-Ot-COLO • Comments: n (� �' ra . Box 2003 • Bridgehampton, NY • 11932 i MAR - 3 2020 L111 (631) 537 - 5160 2 of 3 . Sou,hald?orrn SITE PLAN DETAILsT Scale: 1" = 20' _ _ Mr EXISTITV and REDOCK to be REMO ACED(in-kind �D Place)at t and e CO in- 8 t PULKIIEAD REEp A ETION of - 7-4 EXISTING TIE RODS to ; �- CEMENT g be REPLACED (IN-KIND&IN-PLACE) 8 all O - O% PROPOSED CORRUGATED VINYL ° - °'; SHEATHING - - - - - - -._• I CI) oft - - 77.o4, BULKHEAD DETAIL a W EXISTING PILES(9.0" �) °� °,' r k Scale: 1" = 2' 0j p o 0 to be REPLACED ' �r j ` P4U a I (IN-KIND&IN-PLACE) .-y ° % j 3U, LIMIT of EXCAVATIONLn EXISTING TIMBER °°,% 94 WALER(6"x 6")to be �` ��/ EXISTING DEADMEN to be C REPLACEDy O (In-kind&In-place) %` 30 replaced(IN-KIND&IN- (In-kind �++��� c ° 0 i� PLACE)(6'4)±) W Z •"�"''� cw o � ° EXISTING TIER DS to all be REPLACED 0 O / O W c PRO (IN-KIND&IN-PLACE) e O , POSED i Cm SINGLE FAMILY DWEL j ✓ LING A r C ° r ° a i o of 11 v PROPOSED O CORRUGATED VINYL SHEATHING di W v a a EXISTING TIMBER ` ,- Q 0 WALER(6" x 6")to be 3 y .`. �/ c>i Q REPLACED (In-kind&In-place) • MAR - 3 2020 ' EXISTING PILES(9.0" � 0 to be REPLACED E Southold Tov�n B ar of Tr ste s -- -- ----- (IN-KIND&IN - A cn A cfj 0 3 -_ TEST HOLE DATA McDONALD GEOSCIENCE FEB. 22, 2019 EL=5.9 0.0 MIXED SAND AND LOAM GW 5.5 EL-0.4 WATER IN MIXED SAND AND LOAM ,,.D yVES WATER IN PT ?Y T LAKE BROWN BOG Q� 00 WATER IN 13.0 Z 7 BROWN SILTY SM O SAND 15.0 � o� _► O O�Q WATER IN 3� PALE BROWNIO FINE TO Sw E O COARSE SAND 1V 21.0 0 W rr S mJ PROPOSED LIN APPROX. H.W.M. 3o OF 2 83 -)cE HAyBqLES WELL GRAD WETLANDSLANDWARAS EDGE OF NE 'DAL E TOP OF THREAD EL�g ` �. ` SUFFOLK ENVIORNMEN AIL CONSULTsy ING INC INC. W S T _ .�- ON FEB. 20. 2019 A KE ,p �. L (33' � WIDE) � -' —j _ � •�3\g5 rn PROP- PERVIOUSZD 5 '"■ '/ 0 570 / ' 5'DRIVEWA I-- \ W_ 396 3 350..E / - -- - - ' — ;— • ` — — I - ___ --- 7/X04-EL- '/•O4' POLE 2 Y I OPSED RETAINING Wq 4 Og — — — EXIS'NG ryATER MAIN qI „� OF WALI z / LL - —n EXIS'NG Lot 119 // 1 in 7.4) / 11 N7 STONE ROADWAY I N / MONITOR D'43�5D"W ll FE O MONITO 1>- \� LP !� LP i % 300.00' WELL il�-♦ /DP \t I' i FE D14 QS 5�3p 1 _1( LP /r �\ ! 1' MONITOR WELL CP xo 1 � / �`-moi of MIN.yI� WATER SERVICE20 42.4. 00 HOLE 94 JPROPOSED LOCAPONI 4 g2 L J l�n (3-BEDROOM) I FF=14.0 vi N DWELLING Lot W/PUBLIC WATER now E� - Bu(TO 6 orNON- - 424 � St• forrnoef rly~ ohns EpiROP8ED DE 6�B48 M scoPEMAINAINEp IN C h u roh FEB 2020PRE NT CONDITION) I Cq _ r PROPOSE 1.. - URB rj1MBER cu y 1 I 1 I D LINE _ �--- r 1 ! 1 I OF MAYggLES NON- T/BLKHD DIST Ah , ry i l r L -EL-5-5 cE BUFFER_ N I n I I o o- I Survey for: W° "N ' M 106 MULBERRY CORP. 6.�9' BULKHEAD �� I I 11 1 1 I p JUNE 12, 2019 IND. PROP. STRUCTURES N10'3933"w N69•44,34"W " BEACH 1 --� ' ' N Lot 119, "Cedar Beach Park" DATE: APR. 16, 2019 4 yy L W At JOB NO:2019-172 'E LINEp CERTIFIED TO: APPROX, HLWNM 89.93' Bayview 3 PROPOSED 4• pA.►H 106 MULBERRY CORP. W Town of Southold F N F 3 Suffolk County, New York �� " Fob 3 S.C.T.M.: 1000-090.00-02.00-001.000 LITTLE: 2D D 20 �. PE:CONlc f� `L Y I 1_,�ND SJ NOTES: 1. TOTAL AREA = 8,861 S.F. ADJACENT AREA = 8,434 S.F. DAVID H. FOX, L.S. P.C. N.Y.S.L.S. #50234 2. o = SPIKE SET,•= REBAR FOUND. FOX LAND SURVEYING 3. SUBDIVISION MAP "CEDAR BEACH PARK" FILED 64 SUNSET AVENUE WESTHAMPTON BEACH, N.Y. 11978 IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY (631) 288-0022 ON DEC. 20, 1927 AS FILE NO. 90 4. ELEVATIONS SHOWN HEREON ARE REFERENCED TO UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY N.A.V. DATUM 1988. IS A VIOLATION OFSECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING 5. THIS PARCEL IS WITHIN FIRM ZONE VE(EL 10) AS TME LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. DILINEATED ON FIRM BOUNDARY MAP NO. CERTIFICATION INDICATED HEREONSHALL RUN ONLY TO THE PERSON FORON 36103CO169 H LAST DATED SEPT. 25, 2009 BEHALF TO THEE TITLE COMPANY. GOVERNMENTAL 0M THE SURVEY I S PREPAREDNAGENCYIS OTI N LISTED HEREON AND TTI THE 6. SANITARY DESIGN PER OTHERS. AND LENDING INSTITUTI ASSIGNEES OF THE LENDING INSTITUTION. CERFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEOUENT OWNERS. DWG: 2019-172 er . nom: -14 � - rAMP l!�. � � r ).. � � - � - � ' "'� .dr rJ�`'..' � - ''�`.l,T'�y; i ,c`'�i v,.v x •��'— •( ,1�' I r-"` - •_ham �_ ��- '_�r_.>>-.l - - _ -- �' Ilr "����� ��d'�F' ��' ��� q �� ��, � ;. ifs � _ / -.. ,� _ 1 .r. i. / 1..' - � �l..a�!";� '� � T �'r� ✓ 'ter � >✓�r �` — ,�.__ c -._- ° � _� �r �- i \ �/,.1�, / 1 ����.1. ) �- � + ',�\ �� � � ' -/ i - J �'��Z/ .G .;�1 '�'� /i � /� ,'' ( �r� 1k si � y4�'.��� 1 .�,' 1 r� ..�,,�• `- `c• � � T' �- -' .C c V i.... l f�� �'t�� `` 1�'f ,�f' "�l e:��y ;'t _ MOYPropeity Situate: S/W end of West Lake Drive *Southold, New York • 11935 SCTM#: 1000 - 090.00 - 02.00 - 001.000 (Photograph taken June 25, 2019) $fit 0..'347 i� I The photograph above (taken facing south-southwest) depicts a portion of the footprint of the proposed structure. In the foreground of this picture is a stake marking the northeastern corner of the proposed house. MOYPropeity Situate: S/W end of West Lake Drive *Southold, New York • 11935 SCTM#: 1000 - 090.00 - 02.00 - 001.000 (Photograph taken June 25, 2019) j 1 b v n. ZR y . ¢ I l•. j•` .r',.. n a. Ww The photograph above (taken facing west) depicts two of the four corners of the proposed house. In the foreground (indicated by the green arrow) is the stake marking the northeastern corner of the proposed house. In the background of the above photograph (indicated by the orange arrow) is a stake marking the northwestern corner of the proposed house as well as a stake marking the proposed location of the septic tank (indicated by the brown arrow). MOYPropeity Situate: S/W end of West Lake Drive •Southold, New York • 11935 SCTM#: 1000 - 090.00 - 02.00 - 001.000 (Photograph taken June 25, 2019) l r . r A Kry The photograph above (taken facing south) depicts a number of stakes. Directly in the foreground of the photo is the stake marking the location of the proposed septic tank (indicated by the brown arrow). The stake directly behind the one in the foreground marks the northwestern corner of the proposed house (indicated by the green arrow) and the stake directly to the left of the stake marked by the green arrow depicts the position of the northwestern corner of the proposed deck( indicated by the red arrow) the stake marked by the yellow arrow depicts the location of the southwestern corner of the house. The stake indicated by the purple arrow displays the location of the southwestern corner of the proposed deck. MOYProperty Situate: S/W end of West Lake Drive *Southold, New York • 11935 SCTM#: 1000 - 090.00 - 02.00 - 001.000 (Photograph taken June 25, 2019) ,t AA 5 i t s+ P Po r � 4 .1 The photograph above (taken facing east) depicts the location of the proposed septic tank (indicated by the brown arrow) in the foreground. In the background of the picture is the stake marking the location of the northeastern corner of the proposed house (indicated by the orange arrow). MOYProperty Situate: S/W end of West Lake Drive *Southold, New York • 11935 SCTM#: 1000 - 090.00 - 02.00 - 001.000 (Photograph taken June 25, 2019) 9 C The photograph above (taken facing south) depicts the southwest corner of the proposed house (as indicated by the red arrow) as well as the southwestern corner of the proposed deck (indicated by the green arrow). MOYPropeity Situate: S/W end of West Lake Drive *Southold, New York • 11935 SCTM#: 1000 - 090.00 - 02.00 - 001.000 (Photograph taken June 25, 2019) 'b The photograph above (taken facing east) depicts the locations of two of the corners of the proposed house and two of the corners of the proposed deck. In the direct foreground of the photograph is the stake marking the southwest corner of the proposed deck (as indicated by the green arrow) the other stake to the left of the one indicated by the green arrow is the stake marking the southwestern corner of the proposed house (indicated by the orange arrow) the stake in the left background of the photograph indicates the southeastern corner of the proposed house (indicated by the purple arrow) and to the right of that stake is the stake marking the southeastern corner of the proposed deck (indicated by the blue arrow). MOYProperty Situate: S/W end of West Lake Drive *Southold, New York • 11935 SCTM#: 1000 - 090.00 - 02.00 - 001.000 (Photograph taken June 25, 2019) L-X 'r ema m! a- t tall �''k' • a�*�,� � r'-� .tui ,e"` . u, WWW" M � '}, • �� f. ate,�.. The photograph above (taken facing southeast) depicts the southwest corner of the proposed house (as indicated by the blue arrow) and the southwestern corner of the proposed deck (as indicated by the orange arrow). MOYPropeity Situate: S/W end of West Lake Drive *Southold, New York • 11935 SCTM#: 1000 - 090.00 - 02.00 - 001.000 (Photograph taken June 25, 2019) r � _ j s p Y i1 f The photograph above (taken facing west) depicts the locations of two of the four corners of the proposed house as well as two of the three corners of the proposed deck. In the foreground of this picture are two stakes, the stake to the left marks the southeastern corner of the proposed deck (indicated by the green arrow) and to the right is the stake that marks the southeastern corner of the proposed house (indicated by the yellow arrow). In the background of this photograph are two more stakes, to the left is the stake indicating the southwestern corner of the proposed deck (indicated by the purple arrow) and to the right is the stake marking the southwestern corner of the proposed house (indicated by the red arrow). AM- IMW MOYPrope-rty Situate: S/W end of West Lake Drive •Southold, New York • 11935 SCTM#: 1000 - 090.00 - 02.00 - 001.000 (Photograph taken June 25, 2019) .' m= 4, F' ! '`�, t�t✓, y f,�''a'`a.. +�4}x"`} i Y ,p W`='v' "`" ,y "y", '.'`' s I t '��. NIP f, ,Pk W +4Aliw - 5 � e ,. a rt x " Ex exs _ x 4d 4'fi,�jl W� ; r en ts , ,e ILA 4 a j�4 ¢ k The photograph above (taken facing north) depicts two of the four corners of the proposed house and one of the three corners of the proposed deck. The stake in the direct foreground of the photograph marks the location of the southeastern corner of the proposed deck (indicated by the blue arrow). The second stake in the foreground of the photograph marks the location of the southeastern corner of the proposed house (indicated by the orange arrow). The third stake in the background of this photograph marks the location of the northeastern corner of the proposed house (indicated by the purple arrow). MOYProperty Situate: S/W end of West Lake Drive *Southold, New York • 11935 SCTM#: 1000 - 090.00 - 02.00 - 001.000 (Photograph taken June 25, 2019) �. PROPOSED HOUSE PROPOSED DEC f r , Thephotograph above taken facing northwest depicts the overall proposed footprint of the house and deck. AIML MOYPropeity Situate: S/W end of West Lake Drive *Southold, New York • 11935 SCTM#: 1000 - 090.00 - 02.00 - 001.000 (Photograph taken June 25, 2019) 5 f'Mv; d e m J c � . The photograph above (taken facing south) depicts the northerly section of bulkhead to be repaired adjacent to West Lake. MOYPropeity Situate: S/W end of West Lake Drive *Southold, New York • 11935 SCTM#: 1000 - 090.00 - 02.00 - 001.000 (Photograph taken June 25, 2019) tr — a f a J a The photograph above (taken facing south) depicts the westerly section of bulkhead to be repaired AML MOYPropeity Situate: S/W end of West Lake Drive *Southold, New York • 11935 SCTM#: 1000 - 090.00 - 02.00 - 001.000 (Photograph taken June 25, 2019) T 71 1 r 006 Ili& «w" The photograph above (taken facing south) depicts the westerly section of bulkhead at the property to be repaired. CORPORATE RESOLUTION STATE OF NEW YORK } ss: COUNTY OF ,fVl -j lorL } I, Stuart Moy, being duly sworn,deposes and says: I reside at>Mulberry Street,New York,New York I am the President of 106 Mulberry Corp, At a meeting of the Board of,Dircetors of the above mentioned corporation, duly called and held at which a quorum was present and acted throughout, the Board of Directors unanimously adopted the following resolution which has not been modified or rescinded: RESOLVED, that the corporation execute and deliver to NYS Dept. of Environmental Conservation, Suffolk County Dept. of Health Services and Town of Southold all necessary applications and submission concerning the corporations real property located in the Town of Southold, County of Suffolk and State of New York. . FURTHER RESOLVED, that the President or Vice President or any other officer of the corporation is hereby authorized to execute and deliver such applications,documents or any such other instruments as such officer may deem property and advisably,. Neither the Certificate of Incorporation nor the By-Laws contain any special requirement as to the number of directors' required to pass such resolution. The Certificate of Incorporation of the corporation does not require any vote or consent of shareholders to authorize the making of such applications or submissions. The board of directors of the corporation has duly authorized the execution of said application and submissions. STUART MOY Sworn to before me this 2Z�'Day of January, 2020 NOTARY PUBLIC WILSON CHUNG Notary Public-State of New York NO 01CH6381719 QUahfied in Kings County my Commission Expires Oct 9, 2022 r" r _y.. .•1.,1°,1 / s• P I +%Ow�y' - titC iii• �- NiceS,..- - v--�giii e•' `_ =" ri'3"eTi•••,<_- _-'- i -,.-ee...- , 't 1/ 7 ' , to •(t 111 11 r 1 = 9e� - 1, � t - C• i P' •;11 Ip• :;�, /j:Y 1�1 I'i;6..� J'.r,,�1„ t Ij%++� _ — .��iN A Dv,.=. MR 10' .. ......... ............ BOARD OF SOUTHOLD TOWN TRUSTEES,, 11901 a SOUTHOLD,NEW YORK :3 PERMIT NO. 7133 DATE: JULY 22, 2009 ISSUED TO: SIM MOY 1'IO°ev PROPERTY ADDRESS: 750 WEST LADE DR., SOUTHOLD e,l,ll SCTM#90-2-1 11IL:. AUTHORIZATION gee Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of ;, ,ve Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on -y s/A°Ab July 22,2009 in consideration of application fee in the sum of$250.00 paid by Sim Moy and subject to the Term 11°�f •, -' and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: s j Wetland Permit to construct a single-family dwelling and sanitary system with the following conditions: the area between the timber curb and the bulkhead is left as a non-disturbance buffer,with the exception of a 4' wide path to the water; no grading of ' y" the property; no fill or other material is placed on the property,with the exception of the amount necessary for the'sanitary system, as approved by the Heath Dept.; the remaind "s of the property is maintained as a non-turf area; a line of staked hay bales is installed y r prior to any construction activities, and all as depicted on the survey prepared by David H. Fox last revised September 10, 2009. JJ.A�A � Isee/ee^y`J. IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, = _ and these presents to be subscribed by a majority of the said Board as of this date. OX / ,1-o, oll V ' f s• co s �,l, a: a®�' Bob Ghosio, Jr. — NAY .+.:9 - -.°•te°:.:ir ::°.•` e4e,�t .eAt se:•" '•:q:w.�°t..: _ .,e { 0 e, V TERMS AND CONDITIONS The Permittee, Sim Moy,residing at 106 MulberU St Apt 7 New York NY 10013, 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 Pennittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Pennittee assumes full liability with respect thereto,to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Pen-nit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved,but should circumstances warrant, request for an extension may be made to the Board at a later date. 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. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Office of the Clerk of the County of Suffolk as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety(90)calendar days of issuance of this permit. 9. That the said Board will be notified by the Permittee of the completion of'the work authorized. 10. 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. O 16 12 1s roWH of � --- SOUTHOLD r< Of/ ,20T •, ,3 Po 19 9 I-WO 2 23A(n) _ �P ' S1fmRppi s ��oE � ne 3 d (33) z 3 "p2 ft 6, ,OA A 12 V nip 6 nN '\'y n` 4 ns C O / TO- -G - - --_51 SOUTHOLD� 13 $ O EAR ue� ♦ O� m 1` ,fA P01W Nim rauap ` 14 TOWN OF SOUTHOLD Ino IV 4 ♦A IF 1d° f a Sm.) B nq a ""2s a .•� ax' . ~' WEST na ° Z} b LAKE15 16 P ,s aW "� ru, -=-------- 9 o n", . _ PO p>omrum urm Thr___ ma roWN OF a J- b 26 SOUTHOLD Is I 1` w♦ i .m W W(E 15 2125 22 . -1-J • 1 �ITA(c) 16 ,T ,6 i ,9 20 E 19 20 .m m ypR ` ♦ i I12A(c) �1 22a �k q 5 6 91c' 3 - Y• Mn � mo mn ma m i m HO — �- m ° — i - - - NECK ` BAY 6 COUNTY OF SUFFOLK © K m, °°9 � SOUTHOLD SECTIMN _ '' '� �,•�--' _._ NOTICE :O::::]E Real Property Tax Service Agency r 09 1 ':ate.• -� .-., `::-- . ..�.a tea.. P �y 090 .w..... -„•.•k'- » .'. .�."'.. .a:w�=�-, :.-°_iq"w....�.:.y.�.-w.-�r.=r.a. rw� .�...---�<�' '•.�. - �ntwO11+*rwtY.edan�w�c-o. $ e'7fa—,w.amv.e.Nr11w, M C--'--�--- FYet _ vaerql<•MmeNm�"rXwN ,-_.. .. '”` •. "r, . :.". .reu..w.rer.rr wbE+viarniK.+s;vs- P PROPFAiYMnP ' cw� ^ 'r'-3 �.L� -:I-.`A.IS' "'.t.'.✓. ���i"°.w.. 4�'.an'a°' ._.. c GE'-•~� ..l Cantrell, Elizabeth From: Alvin S <alschein@gmail.com> Sent: Friday, August 14, 2020 3:08 PM To: Cantrell, Elizabeth Cc: Dave Bergen; Duffy, Bill; Silleck, Mary Subject: Re: 750 West Lake Drive, SCTM# 1000-090.00-02.00-001.000 Attachments: Ltr to Bill Duffy 8-14-20008.pdf Ms. Cantrell, I sent you a copy of the attached letter from a different email address. Dave Bergen just told me that you did not receive it. It may be that the file size was too large, as I included JPG photos. I am also copying Bill Duffy's office. Can you please confirm receipt? Thank you. Alvin Schein On Fri, Aug 14, 2020 at 8:55 AM Cantrell, Elizabeth <elizabetlic;t,i ttowii.SOL]tl101d.i .t.ts- wrote: Thank you Mr. Schein, Your email has been added to the file for the record. ggc° a&a Senior Office Assistant Town of Southold Board of Trustees Office: 631-765-1892 Email. 42lilabe:1mc0jsot tIlk)I ltowr'm,.v'(w From: Alvin S<al.schemitsgmaiptom> Sent:Thursday, August 13, 2020 2:41 PM To: Cantrell, Elizabeth <rlizab t�ic@town.southold.riy.us> Cc: Dave Bergen<daveb rgen78 grnail.corn> Subject: 750 West Lake Drive, SCTM# 1000-090.00-02.00-001.000 1 I, Alvin Schein, President of West Lake Association, Inc ("WLA"), located in Southold Town,NY, hereby authorize David Bergen to speak on behalf of WLA and its members at any Southold Town public hearing regarding any permits applied for by or on behalf of 106 Mulberry Corporation, regarding the above property. Alvin Schein ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Alvin Schein 2 WEST LAKE ASSOCIATION, INC. Email: WestLakeAssocincIL@gMgil.com Via Email: bill.duf�fown. outhold.n .L�s marv.silleck(@town.southold.ny.us i August 14, 2020AUG 14 2020 Bill Duffy, Esq „ - Southold Town Attorney Town Hall Annex R �� 54375 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Property at 750 West Lake Drive, Southold NY SCTM# 1000-090.00-02.00-001.000 (the "Moy Property") Continuing Violations of Declaration of Covenants and Restrictions dated 9/29/11 And Current Application for a Permit to Construct a Single-Family Dwelling Dear Mr. Duffy, This letter is being written on behalf of fifteen (15) property owners whose lots front on West Lake in Southold and who are members of West Lake Association, Inc ("WLA"). For context, a copy of the tax map that shows the location of these properties in relationship to 750 West Lake Drive is attached to this letter. The members of WLA only became aware yesterday of an adjourned hearing scheduled before the Southold Town Trustees for next Thursday, August 19, 2020 regarding an application for approval of an application to construct a new single family house, a sanitary wall, a wooden dock, a wooden jetty, a bulkhead and a bulkhead return. The members of WLA, who will be affected if the application is approved by the Board, as many still do not know about the August 19 hearing date. As such,we respectfully request that the Board adjourn the hearing regarding the Property until after the applicant properly posts a revised public notice sign on the Property, in accordance with law. Of urgent concern to the members of WLA is the dilapidated and unstable condition of the eastern bulkhead along West Lake's channel,which is adjacent to the westerly side of 750 West Lake Drive (the "Bulkhead") and which owner of 750 West Lake Drive is obligated to maintain, pursuant to a certain Declaration of Covenants and Restrictions dated January 11, 2011 made by Sim Moy and 106 Mulberry Corporation (the 1 "Declaration") which declaration was recorded in the office of the Suffolk County Clerk on September 29, 2011 in Liber 12672, Page 643.The Declaration runs with the land and is binding on the heirs, executors,distributees and successors and assigns of Sim Moy and 106 Mulberry Corporation. The Declaration was mandated as a condition of approval of a variance by the Southold ZBA for the Moy Property at that time for the construction of a new single-family home. The owners of the Moy Property never actually built the house, but the obligations under the Declaration are continuing. The purpose of this letter is to respectfully advise you that the owner of the Moy Property has failed to live up to its obligations to maintain the Bulkhead as required by the terms of the Declaration. The terms of the Declaration are expressly enforceable by the Town of Southold. A copy of the Declaration is attached to this letter. Since the signing of the Declaration almost a decade ago, members of WLA have observed progressively worse deterioration of the Bulkhead and ongoing violations of the terms of the Declaration. Members have observed large holes in the Bulkhead and many enormous sinkholes form behind the Bulkhead. The sinkholes are large enough to expose the tie- back rods and other infrastructure in the Bulkhead. Sinkholes on the land adjacent to the Bulkhead were also observed.We have documentation that evidences the repeated filling in these sinkholes with sand that was done on behalf of the owner of 750 West Lake Drive, which is not a proper or effective solution.The sand quickly seeps out which worsens the accumulation of sand in the channel. These adverse conditions negatively affect the navigability and ecology of West Lake. Further, the condition of the Bulkhead is continually getting worse and it may not be structurally sound. If the Bulkhead collapses, huge quantities of sand will dump into the channel causing the flow of water in and out of West Lake to be choked off, resulting in an environmental nightmare. If the channel is closed because of the collapse of the Bulkhead, West Lake will become landlocked , thus trapping the boats that are docked in West Lake inside the lake and creating an ecological disaster for the wildlife living in and around the lake. Attached are a few photos that document the violation of the terms of the Declaration. We acknowledge that the current application includes a plan to replace the existing Bulkhead with a new bulkhead. If the Trustees do approve the current Moy application and permits are issued, we respectfully request that that the owner of the Moy Property be required by the Trustees to replace the Bulkhead by a date certain, in the near future, whether or not the new house is actually constructed. Otherwise,if the owner of the Moy Property may obtain the permits and continue to do nothing while the Bulkhead continues to deteriorate. On behalf of the property owners who are members of West Lake Association, Inc. we hereby urgently request that the Town of Southold take such action as may be necessary to enforce the terms of the Declaration. Due to the unstable condition of the Bulkhead, immediate action is necessary. Please do not hesitate to contact the undersigned if any further information is required. 2 DJ AUG 1 4 2020 On behalf of the members of WLA, we wish to respectfully highlight some of the deficiencies in the current application to the Trustees that was filed by the owner of the Moy Property: 1. The site plan shows the right of way in front of the Moy Property in the same color as the Moy Property, thereby apparently making the right of way part of the development site. The owners of the Moy Property do not have any ownership in the right of way,so it's inclusion in the development site is patently illegal and the plans should be redrawn. The owners of the Moy Property attempted the same tactic in their ZBA application of 2010 and the ZBA minutes of their hearing clearly show that the ZBA determined that the right of way could not be included in the development site of the Moy Property. The owner of the Moy Property can use the right of way for ingress and egress to the Town roads on a non-exclusive basis, together will all other property owners similarly situated, but not for the purpose of developing their own site. By the logic of the applicant, any property owner whose lot front on the right of way could use it for their own development purposed,which of course would be preposterous. 2. The site plan also includes the construction of a large dock affixed to the right of way. As a matter of law, no one has the right to attach a dock to property that they do not own. The right of access to the right of way only extends to the right of ingress and egress on a non-exclusive basis. Further, the application states that the proposed dock will be an "in-kind" replacement, which is not true.There is an existing non-permitted dock in the same location which is roughly half the size of the proposed dock, so the proposed dock is not an "in-kind" replacement. Also, since the owners of the Moy Property never obtained a permit for the existing dock, an "in-kind" replacement is not legally possible, as there is no legal dock to replace. Also, the propose dock, because it is so long, would obstruct access to the dock that belongs to the Sowinski property, which is immediately to the east of the proposed dock. Finally, West Lake is very shallow at the location of the proposed dock, so it is extremely unlikely that DEC approval can be obtained. We respectfully submit that this portion of the application should be rejected by the Trustees. 3. The site plan also shows the replacement of an existing (illegally installed) wood jetty that protrudes into West Lake next the existing illegal dock (both of which were previously constructed by the owner of the Moy property) with a new jetty. The members of WLA respectfully request that the proposed new jetty be stricken from the plans. The only purpose of this jetty would be to provide some level of protection to a boat that is docked there. However,the existing jetty impedes the flow of water in and out of West Lake and should not be replaced. 4. There are numerous other technical issues with the proposed plans that we wish to bring to the Board's attention, which is another reason that an adjournment is being requested. _P. 3 AUG j 4 20?0 e� ixZriK nGsw.__ f� Very truly yours, West a ssoci tion, Inc. By: Alvin Schein, President Tel No: 917-273-2064 Email: WestLakeAssoclnc@gmail.com Cc: Board of Trustees of the Town of Southold t 4 OG 2020 �e..€i �-, .� � _..-, is 3:e.+,�3 I=` _... f .�_ a-Ft•es" �S"`��cr..-.5_r..�_ _1F ntF, l a-� _ =r a_a�I"r� _— �-_ —`�-�'�;� Ili : I I i �h i;III 1$ V _ � a- Ii III ti £ 1 I _ II II III . I� I I I I _ � gg �a a 3o� RECEIVED 1111111 11111111111111111111111 ,11111 OCT 5 1, BOARD OF APPEALS111111111111111111111... 11 SUFFOLK COUNTY CLERK RECORDS _OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded. 09/29/2011 Number of Pages: 6 At: 09:47:08 AM Receipt Number : 11-0107616 LIBER: D00012672 PAGE: 643 District: Section: Block: Lot: 1000 090.00 02.00 001.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $30.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHiG $15.00 NO TP--584 $0.00 NO Natation $0.00 NO Cert.Copies $7.50 NO RPT $30.00 NO Fees Paid $107 .50 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County �7 0 t n UQLARATION Iffx,0'. E A 'T"S ASI �wS°1 B] r"1" 1 5 THISDECLARATfONis made and dated the Za day of January,2011 by SIM MOY,an individual having an address at 106 Mulberry Street, New York,New York 10013,and 106 MULBERRY CORPORATION,a domestic business corporation with offices at 88 Mulberry Street,New York,New York 10013 (hereinafter collectively"Declarant") WITLVE,SSETH: WHEREAS,DecJarants is the owner of a parcel of certain real property known as 750 West Lake Drive,Hamlet of Bayview,Town of Southold,County of Suffolk,State ofNew York identified on the Suffolk County Land and Tax Map as District 1000,Section 90,Block 2,Lot(s) 1 and more particularly described on Schedule "A'' annexed hereto and made a part hereof(the "Premises"); and WHEREAS,the westerly lot line of the Premises measures ninety-nine and 53/100 (99.53)feet along a wooden bulkhead onthe Dug Inlet(the"Bulkhead"),which adjoins West Lake to Little Peconic Bay;and WHEREAS, Declarants has heretofore applied to the Zoning Board of Appeals of the Town of Southold,County of Suffolk and State of New York(hereinafter the"Zoning Board of Appeals") for area variances from Article 23, §280-124&280-116 of the Zoning Code of the Town of Southold for the Premises; and WHEREAS,by Findings,Deliberations and Determination of the Zoning Board of Appeals approved for filing on October 12,2010,based upon the testimony,documentation,personal inspection of the Premises and other evidence,said application for area variances was approved on the condition, inter alia, that Declarant files Covenants and Restrictions on the Premises; anddf RECEIVED UG 1 2020, OCT 5 2011 r {M' 0 WHEREAS, for and in consideration of the granting of said approval, the Zoning Board of Appeals has deemed it in the best interests of the Town of Southold that the within Covenants and Restrictions be imposed on the Premises and said Zoning Board of Appeals has required that the within Declaration be filed in the Suffolk County Clerk's Office; and WHEREAS,the Declarant has considered the foregoing and has determined that the same will be for the best interests of the Declarant and subsequent owners of the property; NOW, THE)ZEFOR WITNESSETH: THAT the Declarant,does hereby covenant and agree that the said Premises herein described shall hereafter be subject to the Covenants and Restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors,legal representatives, distributees, successors and assigns,to wit: that the owner of the Premises maintain said Bulkhead (but shall not be obligated to dredge or maintain the Dug Inlet). If any section,subsection,paragraph,clause,phrase or provision of these Covenants and Restrictions shall,by a Court of competent jurisdiction,be adjudged illegal,unlawful, invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal,unlawful,invalid or unconstitutional. The aforementioned Covenants and Restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York,by injunctive relief or by any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability _ . V. AICEIVED AUG 1 4 2020 I _ OCT 2011 whatsoever upon the Town of Southold or any office or employee thereof. The within Covenants and Restrictions shall run with the land and shall be binding upon the Declarant and its successors and assigns,and upon all persons or entities claiming under them, and may not be annulled, waived, changed., modified, terminated, revoked or amended by subsequent owners of the Premises unless and until approved the Zoning Board of Appeals of the Town of Southold, or its successor, following a public hearing. INWITNESS WHEREOF,the Declarant have caused this instrument to be executed the day and year first written above. SIM MOS" 106 MULBERRY CORPORATION By Name_ STUART Title: P''r^esirl'e t STATE OF NEW YORK,COUNTY OF w n On thaa6 day of January, in the year 2011,before me,the undersigned, a Notary Public in and for said State,personally appeared SIM MOY, personally,known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. 0' --yy.. yyqq r NOT AA YOM �^{ ,�y 1,y$�,TyA�X�,y.O�F KW COUNW RE aM Of OI A .., ... I w. EXP.o ',', 3 LIG 1 4 202(°."I 1 RECEIVED irwq� �i,rt OCT 5 ?011 elA� STATE OF NEW YORK,COUNTY OF' "� ss.: On th day of January in the year 2011 before me, the undersigned, a Notary Public in and for said State,personally appeared STUART MOY personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted, executed the instrument. 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Alvin Schein ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i Cantrell, Elizabeth From: robert@suffolkenvironmental.com Sent: Friday, August 7, 2020 3:56 PM To: Cantrell, Elizabeth Subject: 106 MULBERRY CORP - MOY Property - Paper Road Ending Attachments: DOC227.pdf Hi Elizabeth, I am attaching a letter from the property owners attorney regarding the road ending at West Lake Drive. Please add to the file for review. Hope that you are doing well! Robert Anderson Suffolk Environmental Consulting, Inc. ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. AUG - 7 X)20 1 ]w it-r i iuut 1'RA AlcColzmCii PLLC A'1`c ORINTISYS X..1` LAW z'fl.,l11114A17�Fi'B1':A1)11`1rRSill KP. 1.1CV"I'I"L`t)1V'\. NEW YORK 117541 z (51.0);570-(1_'1111 i {3 1 f i),i711-:4()11 11,\\11:1.d.HERItERA wa'w,nyflalawcc•om `)1;FFO LIC 1111111'1'1-0101,9('I.. J3,\'I"I'IIMR\'C'..N11VOI AIWIt (IREE;11.11FtT.1\'1111+1 Al 1/'Fie\IN.ITmmµ •N(1'I`I�UIt Rlili\'IC'lall�`1.E(;.V.1'.\1'1;12�t (Igfl):P::!•1a110 .I.U'(41'I:l.i1M:FiNIN,HA 11 Ill%140 \I:\It.\'1'11(11,101,3311541A1IIIL.KI(ill\I,Vtl11l 115.\111'1111'1`\1(11.1'l ONLY I',A It.A Ll�di,A 1 v '�"':",� ^-�^. "514".611110 ,. m ' \4.40,AnaPl l"1`E11'1'o March 25, 2020 AUG -7 0 Via Regular Mail and � Suffolk Environmental Consulting, Inc. PO Box 2003 Bridgehampton,NY 11932 Attn: Bruce A. Anderson Re: 106 Mulberry Corp,and West Lake Drive,Southold,New York Section: 090.00 Block 02.00 Lot 002.00 Dear Mr. Anderson: Pursuant to your request, I have outlined the ownership history of West Lake Drive below. This history dates back to the 1920's. Westlake Drive was formed when a developer, Queens Operators Corporation,filed a certain map in the Office of the Suffolk County Clerk creating the subdivision that includes the subject parcel owned by 106 Mulberry Corp. The parcel of land from which Queens Operators Corporation created the subdivision was obtained from Edwin H. Brown and Adeline R. Brown by a deed indenture made in April of 1926. That parcel of land was then divided into a subdivision of lots by Queens Operators Corporation via a Filed Subdivision Map filed in the Office of the Clerk of Suffolk County as Map No. 90 in 1927. That map was known as"Map of Cedar Beach Park." The subdivision Map included the creation of a road, labelled West Lake Drive, to which every lot on the Map had direct access to. However,no street dedication for West Lake Drive was ever recorded. Title to the individual lots on the Map were eventually conveyed to new owners but there is no record of any subsequent street dedication or conveyance of the ownership interest in West Lake Drive. Thus,title to West Lake Drive remained with Queens Operators Corporation. Despite the above, the Cedar Beach Park Association claimed ownership of Westlake Drive through a Declaration dated March 21, 1960 and recorded March 28, 1960 in the Office of Clerk of Suffolk County. That Declaration cited the source of title to Westlake Drive by a deed indenture made from Guaranty Trust Company of New York to Howard A. Toedter in 1949 and then by deed indenture from Howard A. Toedter,Nelson T. Dickson and Thelma D. Dickson to Southold Realty Corp. in 1955. However, there are several breaks in the chain of title cited by the Cedar Beach Park Association Declaration. Most notably,there is no conveyance in the chain of recorded deeds either: 1)conveying ownership of West Lake Drive from Queens Contors Corporation to Guaranty Trust Company of New York or )a Vital that Guaranty Trust Company of Now York was the successor in interest to Queens Operators Corporation, Without that conveyaw, e,title remaiins vested of record in Queens Operators Corporation. Notwifiztanding the clouded history of the actual ownership to Westlake Drive,it is clear that the subject parcel owned by 106 Mulberry Corp.had and presently has a prescriptive right to access Westlake Drive. The original Map Cedar Beach Park provided direct access to Westlake Drive for the subject parcel,as it did for every other lot is the subdivision. Moreover,Westlake Drive provides the only means ofingress and egress to the subject parcel,and for that matter,4 other lots located with the Cedar:Beach Park subdivision. Consequently, 106"Mulberry Corp. and their predecessors in title have used Westlake Drive for nearly 100 years uninterrupted to access the subject parcel. The same is actually true for every lot located within the subdivision. Taus,the subject parcel is benefited by a prescriptive right to access Westlake Drive. Accordingly,despite whatever claims of ownership may be made to Westlake Drive, 106 :Mulberry Corp.is entitled to unfettered to access it.. In that regard,it is equally entitled to repair and replace those parts of the Westlake Drive and the accompanying bulkhead in order to maintain its necessary access. Very truly yo W .. O TCI ,ESQ. MM:am cc: 106 Mulberry Corp. AUG 202 u _ r- OFFICE LOCATION: ��®F S®(/ry® MAILING ADDRESS: Town Hall Annex �® l® P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY 11971 ® ® Telephone: 631 765-1938 NT`I, LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Glenn Goldsmith, President Town of Southold Board of Trustees From: Mark Terry, AICP LWRP Coordinator Date: June 6, 2020 Re: LWRP Coastal Consistency Review for MOY SCTM# 1000-90-2-1 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, the proposed action is recommended as INCONSISTENT with the LWRP. Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. 4.1. Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested. A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Note that the parcel is located within the FEMA VE and AE Flood Zones. The single family structure is proposed to be located within the VE flood zone based upon aerial analysis. The flood zones are not shown on the survey. Flood zones designated VE have a 1% or greater chance of flooding and an additional hazard associated with storm waves. These areas have a 26% chance of flooding over the life of a 30 year mortgage. It is recommended that the Board assess the location of the retaining wall to the adjacent property to the east for potential adverse impacts (aesthetics). Policy 6.3. Protect and restore tidal and freshwater wetlands. A., Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. A permit for the dock was not located in Town Records. Not enough detailed information was provided on the jetty. 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 s Peter A.Young,Chairman Town Hall,53095 Main%Rd. cei Lauren Standish,Secretary P.O.Box 1179 • `� Southold,NY 11971 Telephone(631)765-1889 Fax(631)765-6641 Conservation Advisory Council Town of Southold FC •� Li TO: Southold Town Board of Trustees LIMAR 1 6 2020 FROM: Conservation Advisory Council SoufhaldTawn Board of Trustees DATE: March 11, 2020 RE: Recommendations The CAC reviewed the following applications. Due to the COVID-19 Crisis and subsequent State of Emergency declared for Southold Town, the meeting of the Conservation Advisory Council was cancelled. No recommendations will be provided for your files at this time. BRIENZA FAMILY LIMITED PARTNERSHIP to construct 132 If. of retaining wall, including returns,within the area adjacent to tidal waters landward of the mean high water elevation. Relocate and install armor stone for wave and scour protection seaward face of the proposed wall and existing vegetated slope. Replace existing damaged timber stairs. Located: 1240 Latham Lane, Orient. SCTM#15-9-1.5 JOHN P. & KIMBERLY G. KEISERMAN to install new vinyl sheathing on landward side of approx. 131 If. of exiting timber bulkhead; partially remove and replace (inkind/inplace) as needed existing 12'X 17' grade level wood deck; and revegetate disturbed area behind bulkhead as needed with Cape American beach grass. Located: 1170 Willow Terrace Lane, Orient. SCTM#26-2-23 SEABREEZE CONDOMINIUM ASSOC. to rehabilitate 199' of the existing revetment located on the northerly portion"of the subject property. Rocks to be sourced on-site and supplemented as needed. Stair assembly to be removed as well-as all rocks within 10' of the stairs to provide access for construction equipment. Stair.assembly and rocks to be replaced upon completion of the rock revetment (inkind/inplace). Rocks to be sourced on- site and supplemented as needed. - - Located: U'C2 oun , reenport.S-CTM#41+- -25 a as 44.1-r(-1= 2 616,00 MAIN ROAD LLC to raise the existing one-story office and lobby building which currently straddles Zone VE and Zone AE. The existing 6,280 sf. one-story building on the south side of the property is currently sitting in the flood zone. Elevate the existing building solt will be in compliance with current FEMA regulations. Located: 61600 Main Rd., Southold. SCTM#56-6-3.4 CHARLES RIESTER & JEANETTE M. RIESTER for a proposed .14'X 24' in-ground swimming pool with drywells to contain pool backwash, and for the two-story dwelling, 4' wide pavers behind retaining walls, 60 If. retaining walls on south and retaining walls on north. Located: 1945 Calves. Neck Rd., Southold. SCTM#70-4-47 GORDON LAU AND MAMIE CHIANG to replace previously existing dock, ramp and float, decking piles to remain in place with the following: 4'X 20' catwalk with Thru-Flow decking, 3.5'X 18' aluminum ramp and 6'X 20' floating dock. Located: 1450 Jockey Creek Drive, Southold. SCTM#70-5-17 RICHARD LIEBOWITZ & CONSUELO PROL for the removal and replacement of existing 4'X 34' long fixed catwalk with steps on both ends and Thru-Flow decking in same location as existing and construction of proposed 6'X 16' fixed dock in a "T" configuration With untreated decking. Trimming of existing phragmites for a 75' wide section surrounding the catwalk is proposed. All trimming to be,selective''of phtag mites and-done by hand two times a year to a height of 12" above the ground surface. Located: 1000 Beachwood Lane, Southold. SCTM#70710-59 106 MULBERRY CORP. to construct a two-story dwelling with an attached deck, stone driveway on the west side of the proposed dwelling and 12'X 20' parking area on west side of proposed dwelling and 1 VX 20' parking area on north side of-proposed dwelling, new I/A nitrogen reducing water treatment system, and to replace failing bulkhead-on.the west side of the property, adjacent to dug inlet on the north side'of the lot as well as to replace the wood jetty, which extends into West Lake. Located: 750 West Lake Dr., Southold. SCTM#90-2-1 r JONATHAN REBELL & NOAH LEVINE to construct a staircase with landings at 65' 10" in length consisting of four (4) staircases, with the bottom being�removable.wood or aluminum and five landings for a total of 350 sf. Located: 4790 Blue Horizon Bluff, Peconic. SCTM#74-1-35.56 MICHAEL & SUSAN CAVOUNIS to construct approx. 151 If. of vinyl bulkhead in place of existing timber bulkhead, remove and replace (in-place) 22' northerly timber bulkhead return with vinyl return, and backfill with approx. '25 cy. of clean sandy fill to be trucked in from an approved upland source; remove existing dock structure consisting of a 7'X8' deck, 7'X 17' fixed walkway, 4'X 16' ramp, and 8'X 12' floating,dock,' and construct in the same location a new dock (to be connected to water and electricity) consisting of a 4'X 39' ---fixed-timbei catwaflr(constracted witdecking-and rope handrail) 3'XC t4' hinged ramp and 6'X 20' float secured by two (2) 10" dia. pilings, construct 10'X 15' grade- 3 level, untreated wood deck landward of dock and bulkhead; and establish a 10' wide non- turf buffer landward of bulkhead. Located: 3475 Wells Rd., Peconic. SCTM#86-2-9 LAUGHING WATER PROPERTY ASSOC. to construct a 76' X 18' wide at low water and 3' in height at highest point a living shoreline consisting of approx. 40 cy. rip-rap, 20 cy. biodegradable sandbags, 420 sf. of spartina paten @ 9" on center, construct approx. 60' of living shoreline consisting of approx. 20 cy. of biodegradable sand bags and 480 sf. of spartina paten @ 9" on center. Located: Minnehaha Blvd., Southold. SCTM#87-3-60 PATRICIA GOELLER KIRKPATRICK to construct a two-story single-family dwelling with attached deck and driveway. Install a new, innovative alternative, nitrogen reducing IA/OWTS septic system with 161 If. of retaining wall surrounding the septicisystem on the landward side of the proposed single-family dwelling. In addition, applicant proposes to establish a 50' wide non-turf buffer area landward of the tidal wetland boundary. Located: 565 Fisherman's Beach Rd., Cutchogue. SCTM#1 11-1-34 WILLIAM MURPHY & KIMBERLY REECE for the existing 4'X 16' wood dock, to removable ramp to "L" shaped float 6'X 20' and 6'X9'. Add existing wood (private access) -pedestrian bridge: 4'X 15' wood ramp to a 4'X 33' bridge to 4'X 8' ramp to cross Wunnewetta Pond for applicant's parcels. Located: 1652 Bridge Lane, Cutchogue. SCTM#118-1-4.1 STEPHEN LICATA & AMY,LICATA for, the as-built alterations to the existing dwelling and to rebuild the existing 11'X 30' screened porch and add a-deck to its roof. As-built 30'X50' patio and 68 If. of 2' wide stone wall, and 7'X 8' fire pit and pergola. In addition, there will be installed-and maintained,a 10' non-turf buffer on the Ilandward side of the existing concrete seawall. Located: 670.Old Salt Rd., Mattituck. SCTM#144-5-13 CHARLES G. PARDEE to construct a 16'X 18' at-grade wood deck on the southwest corner of the subject parcel, setback 20' from the western property line. Establish an 8' wide vegetated buffer area landward of the existing retaining wall and along the southern portion of the eastern property line. Located: 6760 Great Peconic Bay Blvd., Laurel. SCTM#126-11-3.1 RECOMMENDATIONS-APPLICATIONS TO AMEND WETLAND & COASTAL EROSION PERMIT APPLICATIONS MARY ANN HOWKINS to Amend Wetland Permit#9614 for the in=kind 'and in-place reconstruction of a 2,161 sf. one-story'dwelling with attached garage, deck and.sanitary system. Loyd: e s cf,Peconic. SCTIV#86-2 — . J Suffolk Environmental Consulting, Inc. Newman Village Suite E 2310 Main Street m PO Box 2003 o Bridgehampton NY 11932-2003 t 631.537.5160 o f 631.537.5291 Bruce Anderson,M.S.,President HAND DELIVERED E f, �� Il `U IL March 2, 2020 � Board of Trustees VAR - 3 2020 Town of Southold P.O. Box 1179 SouGioid io.vil Southold,NY I Board of irue'.oes 11971 Re: 106 Mulberry Corporation Property— Updated Project Description Situate: 750 West Lake Drive - Southold,NY - 11971 SCTM#: 1000—90—02—01 Dear Members of the Board, This Firm represents the owners of the above referenced property who are seeking all necessary regulatory approvals to develop thereon. Consequently,your Board's approval is required. This Firm would like to take the opportunity to update the project description for the forgoing application. The applications project description is hereby revised to include the following aspects: 1. Proposed sanitary retaining wall at an overall length of 99.5' and at a width of 8.0" across the top of the wall. 2. 198.0 linear feet of bulkhead to be replaced along the westerly, and northerly portion of the subject property with the following measurements: a. Proposed timber top-cap: 2.25' wide extended along the entirety of the bulkhead to be replaced. b. Proposed timber piles: 9.0" c. Proposed timber walers: 6"x6" d. Proposed tie-rods: f6.0' long e. Proposed dead-men: ±6.0" f. Proposed vinyl sheathing (CLOG or similar) (198.0 linear feet total). 3. Existing wooden dock assembly to be removed at the start of the bulkhead replacement, and re-installed in-kind& in-place at the completion of the proposed bulkhead replacement. The measurements of the proposed dock are as follows: a. Wood Platform: 5' x 5' positioned flush with the seaward side of the proposed bulkhead. b. Wooden ramp: 14' 1" long, 3.5' wide i. Ramp railing: 3.5' tall, 14' 1" long a , I t� �1 c. Wooden Float: 13.5' x 7.0' i. Piles securing float: 9.0"(D piles (4x)with two on the landward side of the proposed float and two along the seaward side of the proposed float. 4. Wood jetty to be replaced with the following specifications: a. Overall length: 15.0' b. 9.0" 0 timber piles placed 1.5' o/c alternating between the east and west sides of the proposed jetty. c. Proposed vinyl sheathing(CLOC or similar) d. Timber piles: 6.0" x 6.0" on both sides of the proposed jetty e. Tie-rods: 2.75' 5. Bulkhead return: located perpendicular to the northerly portion of bulkhead to be replaced at an overall length of 11.0'. the returns specifications are as follows: a. Proposed timber top-cap: 2.25' wide extended along the entirety of the bulkhead to be replaced. b. Proposed timber piles: 9.0" c. Proposed timber walers: 6"x6 d. Proposed tie-rods: f6.0' long e. Proposed dead-men: t6.0" f. Proposed vinyl sheathing(CLOC or similar) Also, attached herewith please find four[4]copies of the revised project plans for the subject application depicting the following revisions: 1. Project plans revised to depict the specifications of the proposed 15.0' long wood jetty located at the corner of the northerly and westerly portion of bulkhead to be replaced. 2. Project plans revised to depict the specifications for the proposed dock assembly to be removed and replaced in-kind and in-place at the completion of the proposed bulkhead replacement. Thank you for your time and consideration regarding this project, and please feel free to reach out to this office with any questions or concerns that you may have. In regard to the paper road ending located north of the subject property, we have requested documentation from the property owner allowing for the proposed construction to take place, we will file this documentation upon receipt. Sincerely, Robert W. Anderson (attachment) C.C. S. Moy M. Solomon Cantrell, Elizabeth From: Cantrell, Elizabeth Sent: Thursday, February 6, 2020 11.24 AM To: 'robert@suffolkenvironmental.com' Subject: 106 Mulberry Corp./M'oy; SCTM# 1000-90-2-1 Good Morning Robert, A preliminary review of your application for the above reference property has found several incomplete portions of the application that need to be updated/revised. I am listing what was found and requesting that revisions be made by Monday, February 24th in order to move forward with this application. 1. Regarding the paper road end of West Lake Drive, the Moy's do not own this area,their property line stops before the paper road,therefore a letter is being requested for the road owner'to give permission for the bulkhead work. I had spoken to Bruce about this yesterday and he said he would bring it to an attorney's attention who I believe is working with the property owners to submit to our office something in writing regarding this request. 2. The Trustees usually require that proposed sanitary walls need a side-view and elevations for the file, and the project description needs to be updated to include the length and width of the proposed sanitary retaining walls. Please submit same for the file. 3. Bulkhead:the details of the length of each section, materials used (vinyl sheathing), in-place and same height or raised need to be added to the written project description. Also,there is a return running north to south at end of northerly,bulkhead, please indicate if to remain (with length and material) or also being reconstructed. This return does not have a permit that I can find so we should add it in to this application. 4. Docking facility: There is an old existing ramp to float along the northerly bulkhead. I understand the Moy's use it. There are no permits found in this office for this dock, and it will have to be temporarily removed to replace the bulkhead. It would not be able to be re-installed without it being permitted so please update the plans to show dimensions and what the contractor is doing with the dock (remove and replace existing or removing and installing all new), as well as updating the written project description with same. 5. Wood Jetty: There are no project plans for replacing the wood jetty,the Board usually requires a side-view and look-down view with details and dimensions for jetties. It is recommended that you submit a plan showing the requested information. Also, the written project description needs to be updated to include the details of this jetty(length, material, in-place, height raised if applicable). Regarding updating your written description,you can do it via cover letter or email, you do not have to re-write the application out if this is easier for you. If you have any questions regarding the requested information, don't hesitate to call me. Sincerely, Senior Clerk Typist Town of Southold Board of Trustees 631-765-1892 ' 1 f BOARD MEMBERS O�*0 SO(/ryol Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 James Diniziot Office Location: Gerard P. Gcehringer G Q Town Annex/First Floor,Capital One Bank George Homing p ,�a�� 54375 Main Road(at Youngs Avenue) Ken Schneider emiu {,N Southold,NY 11971 http://southoldtown.norffifork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel.(631.)765-1809-Fax(631)765-9064 FINDINGS,DELIBERATIONS AND DETERMINATION f-- MEETING OF OCTOBER 7,2010 SOulthold TOWtt Clerk ZBA FILE No.: 6383 NAME OF APPLICANT: Sim Moy CTM 1000-90-2-1 PROPERTY LOCATION: 750 West Lake Drive,(adj.to Little Peconic Bay and Dug Inlet)Southold,NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 29, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated June 21, 2010, Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department; as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTSMESCRIPTION: Applicant's property is an 8,861 sq ft.non-conforming waterfront parcel. The lot is also identified as Lot 119 within Cedar Beach Park at Bayview, located in Southold,NY. The northerly lot line measures 77.04 feet along a private right of way named West Lake Drive. The easterly lot line measures 104.50 feet from West Lake Drive to the water's edge of Little Peconic Bay. The southerly lot line measures 89.93feet along a wooden bulkhead on Little Peconic Bay, and the westerly lot line measures 99.53 feet along a wooden bulkhead on the dug Inlet, which joins West Lake to Little Peconic Bay. The parcel is currently not developed, with the proposed construction as shown on the site survey drawn by Fox Land Surveying on Dec. 06, 2004,updated numerous times,with the last revision under ZBA consideration dated Sept. 21,2010. BASIS OF APPLICATION: Request for Variances from Code Sections 280-124&280-116 based on an application for building permit and the Building Inspector's January 12,2010,Updated March 15,2010,Notice of Disapproval concerning construction of a new single family dwelling, at(1) less than the code required minimum rear yard setback of 35 feet,(2)less than the code required setback from a bulkhead of 75 feet at; 750 West Lake Dr.,Southold,NY. SCTM#I000-90-2-1.(adj.to Little Peconic Bay and dug Inlet) RELIEF REQUESTED: The applicant proposes to construct a new single family dwelling on this non-conforming parcel,with a non-conforming rear yard setback of 31 feet rather than the Code required 35 feet; and the Applicant proposes to establish a non-conforming setback from the bulkhead of 26 feet on the southern lot line Page 2—October 7,2010 ZBA File#6383-Moy CTM 1000-90-2-1 adjacent to Little Peconic Bay, and another non-conforming setback from the bulkhead of 24 feet on the western lot line adjacent to a channel called the dug Inlet which connects Little Peconic Bay to West Lake. AMENDED APPLICATION: During the June 30, 2010 hearing, the applicant was asked to bring the plan into more conformity with the code. The ZBA expressed concern about the location of the Applicant's proposed driveway, in very close proximity to a bulkhead. On the Sept. 23, 2010 Public Hearing, the Applicant submitted a revised survey by David H. Fox, Licensed Surveyor last dated September 21, 2010 which shows a relocated side yard building entrance with a proposed distance from the Dug Inlet to the door steps at 24.3 ft., an increase of 3 ft., from the original proposed distance of 21.2 ft. The Applicant also redesigned the proposed driveway, shifting it further away from the Dug Inlet bulkhead,to a proposed minimum distance of+/- 12 ft. from the bulkhead to the edge of the driveway, as shown on the revised site plan sheet S-1 drawn by Joseph Fischetti,P.E., and dated Sept. 08,2010. ADDITIONAL INFORMATION: The Applicant has submitted a letter from the Southold Board of Town Trustees dated July 22, 2009, approving this new construction, accompanied by a Wetland Permit issued by the Trustees. The Applicant has submitted a valid NYSDEC Permit, dated Dec. 19, 2006, and a letter from the Suffolk County Soil and Water Conservation District, dated June 17, 2010, with recommendations to the Applicant regarding methods to ensure the protection of the natural environment. The Applicant has also recently submitted a landscape/grading plan, and a letter of intent to construct an access road as required under Section 280-137A[e] of the Town Code, drawn and written by Joseph Fischetti, Professional Engineer,and dated July 16, 2010. The ZBA has also received written statements and correspondence from several neighbors, including representatives of the West Lake Association,Inc.,all of which were considered in the Board's deliberations. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on June 30,2010,August 26,2010 and Sept.23,2010,at which time written and oral evidence were presented. Based upon all testimony,documentation, personal inspection of the property, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(1)._ Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The residential neighborhood consists of many developed non-conforming sized parcels,with many non-conforming front yard setbacks,and setbacks from bulkheads. The Zoning Board of Appeals, in several past decisions has granted similar variances for bulkhead setbacks within this neighborhood, and the granting of the variances requested by the Applicant will not create any additional adverse effects that would outweigh the benefit that the Applicant would achieve by the proposed construction. 2 Town Law X267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The small area size of this property and the fact that two lot lines are adjacent to bulkheads create a situation whereby the Applicant cannot build a house without variances. 3. Town Law§267-b(3)(b)(3). The variance relief granted herein for the distance to the bulkheads is substantial. The proposed 24 foot setback from the westerly bulkhead is a +68% reduction in the Code required 75 foot setback.The proposed 26 foot setback from the southerly bulkhead is a+65%reduction in the required setback. The variance relief granted for the 31 foot Iear yard setback, is a+11% reduction, where Code requires a 35 foot setback, and is not substantial. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The Applicant will comply with all of the conditions specified in the Southold Town Board of Trustees Wetland Permit and NYSDEC Permit. The Applicant is also strongly encouraged by this Board to adhere to all recommendations made by the Suffolk County Soil and Water Conservation District. 5. Town Law§267-b(3)(b)(5). The difficulty has not been self-created,but is attributed to the size and location of the Applicant's particular parcel Page 3—October 7,2010 ZBA Ftle#6383-Moy CTM. 1000-90-2-1 6, Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a single family dwelling, while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairper"son), seconded by Member Schneider,and duly carried,to GRANT, the variance as AMENDED, and shown on the survey drawn by Fox Land Surveying on Dec. 6, 2004, with the last revision under ZBA consideration dated Sept. 21, 2010, and the site plan sheet S-1 drawn by Joseph Fischetti,Professional Engineer,and dated September 8,2010. Conditions: 1. The Applicant will implement all aspects of the grading plan as approved by the Trustees and as noted on the site plan approved herein including: "Site fill not to exceed 350 cubic yards". 2. The Applicant will develop the required Section 280-137A[e] access to the property. 3. During the construction process,the Applicant shall use light,rubber tired construction equipment to avoid damage to the natural features of the subject property and the two as built bulkheads 4. Any damage to the bulkhead along the Dug Inlet caused during the construction process shall be repaired by the owner/applicant and no Certificate of Occupancy shall be issued by the Building Department until repairs are made as required. 5. The owner/applicant shall file covenants and restrictions on the subject property to advise future owners that the maintenance of the bulkhead along the Dug Inlet is a continuing obligation 6. The owner/applicant shall install a line of hay bales during the construction process as per best environmental management practices to protect both bulkheads on the subject property t 7. The owner applicant shall install a 4 ft.high wood split rail fence,or similar to act as a safety guardrail between the Dug Inlet and the proposed pervious driveway for the entire length of the proposed driveway. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible dental by the Building Department of a building permit,and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps,are not authorized under this application when involving nonconformities under the zoning code. This action j does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Yote o e Board- Ayes:Members Weisman(Chairperson), Goehringer,Dinizio,Schneider. � C I� (Me bei orning by tele one, no voting rights) This Resolution was duly adopted(4-0) 1 Leslie Kanes Weisman, Chairperson Q Approved for Filing fd/�a/2010 c ., � '�'�l�+ ®�,�. jri Clerk ayo34n�T N30"33'56" E 99.53' OuG Nter 6 yy (n z �a d I2JI2O .� BLS _ (] J 1• 1 PMRDifi CURB =¢0 _ - cr 6 _ STONE DRIVEWAY O r1 6 0 .wn 6 � _ •_ rn 5 _ h- ovasln 8 c 6 PROPOSED LOCATION B WEST LITTLE OF HOUSE ON PILINGS LAKE PECONIC BAY W - o � 5 7 in 13�.W �o w 6 d 6 S 21.14'10"W 104 5', NOTE SITE FILL NOT TO W D o n a y EXCEED 350 CUBIC YARDS 3LL 0 EXISTING GRADE !.�•w� PROPOSED GRADE SITE PLAN (FINAL MAP SCALE'1"=10'-V REVIEWED BY ZBA vuc W'�1m SEE DEC 610N* (,23n SHEET NO. DATED )0 /-7 �\ ��'ar u i TEST HOLE DATA wES7- L E o 2.01 OR um91 900, DEC 7777 0 �" rrryyy 0 CL-19 ANO LOAM Do EL-AS IIATER ANDDLO.. >o (Ll 6RCWN 600 / 1J o PRD'OSED ON£DF' Ri 46 BID.MT, � - "ore+LE6 ,'�r � ��� cw,Rp<11 SAND Iao WEST 1 /� f 5 r ' �T ��'Wr°r"� •s°e'xr`�rto e. L , ;L snnn:,N wnTER IN r PIC 10 COAR.—D I'D / pRILF=AY40$W m " 1•, RETq 6�� N Co 1170-43'50-W rnsmp srar RP Pwnr a cP/ir/ CJ / // 4• 1 sT --'{ i; ro I 'Er o� 30000- � R l ,Y r RETAINING WALL SECTION y" �L ( PR(1pp r 64WFAgy FlN.6NE0 GRADE—3TOP aF'WALL a SYSTEy , O uA ���• POOP A REBAR O Ir 0/C 5'� II '.. 7 OF NWOSE gypP471oq L4�^JII^ ' 'O'Au 1tRmvPmrwNcs f J w1 e� y N A� 6ERWCE wryyg c'rw `O( WATERPROOF PNIW d6 REBM 9 19'D/C _ hOW Or. TO 6ACKFlLUM •"M To BErMAI BUFFER PR.-R. :� St Johns Episcomerly PRESENT CONTAINED IN C 3� r r Paf Church JO-SPUCE ENSIING GTARE 3 E- o01 N �•--�._�4 Lot vs I'(-, E_a �- I y ^ es RrBAR mnr o/c r." . a NA1B 411E :�T ,k„D+—NON-DISIUBBAN 41a' FINAL MAPS ,� D SER REVIEWED BY ZBA 6 614r '/NI D A 1 ,'"' CONCRETE 1500 P9 SEPT 21,2010 RSWssv m�vRPv N1039' 09' N69-44 ^�+a r SEE DECISION# (93$3 STEEL 60119 FEB 25,20110 33"(y 34-W �- ' _L 6• 9 AIR DFIRAWEO FEB z3,zoto �.�..�. 1 DATED ID / / /a JAN n,2010 RL DEC.31,2009 A DncvnnpNs SL 89 93, OCT 27,2009 A,"aow DE.•An"r _ PROsta Po — ' SEPT 10,2009 umcnlEn aNrws 4 C a PAD'' JUNE 26,2006 a a MAY 19,2DO5 E 8 APR 11,2005 rcc S Survey for: - JAN 20,2005 wv smucwvcs SIM MOY DATE.DEC Oe,2004 Jos No-2o0a-7aa Lot 10, "Cedar Beach Park" Lf Tt At CERTIFIED TO-�,^- / LE PECONIC SAY Bayview SM MOY.-Y'r,r i•t' I NOTES Town of '•.i- Southold y 1 TOTAL AREA-8,861 SF Suffolk i County, New York y 2 ADJACENT AREA=8,434 5 F r , SANITARY SECTION 0.SPIKE SET,* REBAR FOUND S C.T M-1000-090 00-02 OD-001 000 3 SUBDIVISION MAP"CEDAR BEACH PARK'FILED -L—. c IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON OEC4 20,1927 AS FILE Na 9D SCALE-1'=20' _ •`1�' TO MADE 4 ELEVATIONS SHOWN HEREON ARE REFERENCED TO '��• NcusE N AV DATUM 1988 FF-14 D _T_MATT, 5 THIS PARCEL IS WITHIN FIRM ZONE VE(EL 10)AS r) �D DAVID H.FOLS P C. NY SLS#50234 T-1 DIUNEATED ON FIRM BOUNDARY MAP NO 3` X, O "•°"• 36103CO169 H LAST DATED SEPT 25,2009 IOD q FOR LAND SURVEYJNG 6 APPROXIMATE FILL REQUIRED- .k�J 64 SUNSET AVENUE 180 CUBIC YARDS REQUIRED(FOR SANITARY). 1" WESTHAMPTON BEACH,N Y 11978 7 ADJACENT LOT COVERAGE (631)288-0022 N HOUSE =1,061 S F J------ EL-I, DECK 534 SF. SEASONAL NICK TOTAL =1,595 S F OR 18 97: JOSEPH FISCHETTI,PE ••"°'^C ZY`"°°°c .�° c ..1.W^TER PROFESSIONAL ENGINEER T� SEPTIC TANK CESSPOOL 8 THE NON-NRF BUFFER MAY BE MAINTAINED 1725 H08ART ROAD 1000 DAL VIA MOWING. ry^ - i SW7HDLD.N Y 11971 DWG 2004-744 l Glenn Goldsmith,President *QF SO(/r Town Hall Annex Michael J.Domino,Vice-President ,`O� yOIO 54375 Route 25 P.O. Box 1179 Y South John M.Bredeme III er k � � old, New York 11971 A.Nicholas Krupski G Q Telephone(631) 765-1892 Greg Williams �� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES !+, TOWN OF SOUTHOLD `' F E B ` 4 2020 TO: SOUTHOLD TOWN BUILDING DEPARTMENT RE: VERIFICATION OF BUILDING DEPARTMENT PERMIT REQUIREIII�ENTSF, ;__ -,- SCTM#: q0--2 -I Property. Owme: (D ner'�Na ' /0 � "''""( 1. Date'Sent'to Bldg.'Dept: Z.�•Z� The Office of the Board of Trustees is forwarding the above referenced application for verification of the Building Department's.permitting requirements stated below: YES NO Will the proposed project require a Building Permit? Will the proposed project require a variance determination from the Zoning Board of Appeals? Will any part of this application be considered-a,Demolition as described under Town.Code? - COMMENTS: f { 0'r- VA MAack req wire-W re ce'rw4 I n a67® I)MA AJ, Kia nature of eviewer Date lot-' Michael J.Domino,President Town Hall Annex 64375 Route 25 John M.Bredemeyer 111,Vice-President P.O.Box 1179 Charles J.Sanders Bouthold,New York 11971 Glenn Goldsmith Telephone(631)765-1892 A.Nicholas KmpskiFax(631) 765-6641 C4/ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application X Wetland Permit Application Administrative Permit / Amendment/Transfer/Extension tReceived Application: 2.5.ZO Received Fee:$ Completed Application: 2. .2U rr Incomplete: SEQRA Classifficatio Type I—Type 11 Unlisted L: Coordination:(date sent) FEB 3 2020 LWRP Consistency Assessment Form: 34-20 CAC Referral Sent: 2-26.249 Date of Inspection: Receipt of CAC Report: Lead Agency Determination 4 Technical Review: (zq VrD I/ Public Hearing Held: J_*L �, �/�//ate Resolution: Name of Applicant 106 Mulberry Corp. Address 106 Mulberry St. * Apt.7 • New York, NY • 10013 Phone Number: (516) 579 - 6200 Suffolk County Tax Map Number: 1000- 090.00-02.00—001.000 Property Location: 750 West Lake Dr. * Southold, New York * 11971 Last lot on West Lake Drive * Southold, New York (provide LILCO Pole#, distance to cross streets, and location) AGENT: Robert W. Anderson- Suffolk Environmental Consulting, Inc . (If applicable) Address: P.O. Box 2003;Bridgehainpton,NY 11932 Phone:-(631) 537-5160 2()q/ ��a°1 Board of Trustees Application GENERAL DATA Land Area(in square feet): 8,861 s. f. ± Previous use of property: Residential Vacant Land Intended use of property: Residential w/ Single Family Dwelling and attached deck. Covenants and Restrictions: X Yes No If "Yes", please provide a copy. Will this project require a Building Permit as per Town Code? X Yes No If"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 X Yes No If"Yes",please provide a decision. Will this project require any demolition as per Town Code or as determined by the Building Dept.? Yes X No Does the structure (s) on property have a valid Certificate of Occupancy? Yes X No Prior permits/approvals for site improvements: Agency Date Trustees permit#7714 01/18/12 Trustees permit#7133 07/22/09 No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes,�provide explanation: Project Description (use attachments if necessary): Applicant proposes, for regulatory ap2roval, to construct a two story single family dwelling (25' x 42'-4"= 1,058.25 ± square feet) with an attached deck (South side of proposed dwelling : 7.3' x 48.2'=351.86 square feet, West Side of proposed dwelling: 25' x 6' = 150 ± square feet), a stone driveway on the west side of the proposed dwelling (12'x20' parking area (west side of proposed dwelling) and 11x20' parkin area rea (north side of proposed dwelling),), a new innovative, alternative nitrogen reducing water treatment system (IA/OWTS), and to replace the failing bulkhead on the west side of the lot(adjacent to Dug Inlet) and on the north side of the lot(adjacent to West Lake) as well as to replace the wood jetty which extends into West lake. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purposes of proposed operations: Improve the subject parcel in order to provide a ily single famdwelling in which the owners may inhabit, and maintain shoreline protection (i.e.bulkhead repair). Area of wetlands on lot: 0± square feet Percent coverage of lot: 0.0 % Closest distance between nearest existing structures and upland edge of wetlands: 0 feet (bulkhead) Closest distance between nearest proposed structures and upland edge of wetlands: 0.0 feet (bulkhead) Does the project involve excavation or filling? No X Yes If Yes, how much material will be excavated? 0± (cubic yards) How much material will be filled? 180± (cubic yards) (sanitary system) Depth of which material will be removed or deposited: 5.0± Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: fill material to be deposited using front end loader with back hoe. Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): No impact to the wetlands anticipated, in that the majority of all construction to be conducted upland of the existing bulkheads with hay bale/ siltation fencing erected along the perimeter of the proposed construction activities in order to mitigate the effects of storm water run-off, also a 15' non-disturbance/non-fertilization buffer to be established on the southerly end of the property adjacent to Little Peconic Bay. Furthermore, the replacement of the existing bulkheads at the west and north sides of the subject parcel will effectively protect the area (i.e. Dug Inlet and West Lake) from shoreline erosion, consequently protecting the wetlands which act as an important medium between the marine and terrestrial environments of the immediate area. 1 617.20 Appew ix R Short Eiivirotiniewdl Assess»>ew Form Instructions for C:ontnietintt Part 1- Project information The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to filly respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 - Project and Sponsor Information Marne of Action or Project: 106 MULBERRY.COR-P Pro ex Project Location(describe,and attach a location map)L~ _ _P ,. ° `�..:<' - `; - °gym•.. - Brief Description of Proposed Action; Applicant Proposes,fo'r:regulatory: I S.Does,the proposed action include construction or other activities that result in die impoundment ofi NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)' If Yes,explain purpose and size; 1-9.fla-S-the-site 6f ttie prupasecl 46066_6ian 6r­cl&idJ NO YUS solid waste management flicilityl If s,describe: 20.lUs the site of the proposed action or an adjoining property been the subject of reinediation(ongoing or) NO YES completed) for hazardous wastel If Yes describe: El El I AFF IRM THXl'Tli L UN FOI I ATION PROVI D rD A 130 VE IS`TRUE AVD ACCURATE TO TH E B USTO F NI Y KNOWLEDGE Applicant/spons, &I Bruce "/S A/der 0 uffolk Environmental Consulting,Inc. A .Signature[; Part 2- Impact Assessincull The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the revieNver should be guided by the concept"I-IaNc nmy responses been reasonable considering the scale and context of tile proposed action?" No.or 'Moderate small to large impact inipact Illay may lay occur occur I. Will the proposed action create a material conflict with an adopted land use plan or zonin-1 regulations) 171 El 2. Will the proposed action result in a change in the use or intensity of use of NMI e C, u,7 EJ 3. Will the proposed action impair the character or quality of the existing,community? Li 4. Will the proposed action have an inipact on the environmental characteristics that caused thr establishment of a Critical Environmental Area(CEA)T El 5. Will the proposed action result in an adverse change in the existing level of traffic ori affect existing infrastructure for mass transit,biking or wulk-%vayll G. Will time proposed action cause an increase in the use of energy and it fails to incorporate) Ef El reasonably available cher g,yconservation or renew2ble energy opportniti es 7. Will the proposed action impact existing EJ a.public/private water supplies? b, public I private wastewater treatment utilities? El S. Will the proposed action impair the character or quality of important historic.archaeologicall El architectural or aesthetic resource<1 9. Will the proposed action result inanadverse change to natui-al resources(e,g.,wetlandi waterbodies,groundwater,air quality, floral and fauna)' Page 3 of 4 No,or ioder•ate small to lame impact impact nmay may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage! problenms`l 11. Will the proposed action create a hazard to environmental resources or human healthp Part 3- Determination of significance) The Lead Agency is responsible for the completion of Purl 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a sibnifimnt adverse envirorvnental impact,pleue complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any nmcasures or design elements that have been included byi 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 occurrin-I duration.irreversibility.geographic scope and magnitude. Also considerthe potential forshort-term,long-term and cumulative impacts) Check this box ifyou have determined, based on the information and analysis above.and any supporting documentation. that the proposed action may result in one or more potentially large or 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. Name]of Lead Agency Date Print orType Nannie of Responsibl Officer in Lead Agency Title of Responsible Officer �Zeys' sibleOfficen`ttre or in Lead Agency Signature of Pro aver(if different from Responsible _0_ oer ) PRINT Page 4 of 4 Board of Trustees Application County of Suffolk State of New York 106 Mulberry Corp. c%Stuart Mov BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT 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 TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. S�gnutirr�e SWORN TO BEFORE ME THIS Lt DAY OF R"td 1�k .2Q Notary Public Notary ublic, State Of NewNYork No.SO4642296 Qualified In Suffolk Coun Commission Expires Dec.31;20 A Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) We, 106 Mulberry Corp.c%Stuart May residing at los Mulberry St. • Apt.7 • New York.NY • look do hereby authorize Suffolk Environmental Consulting Inc.to apply for permit(s) from the Southold Board of Town Trustees on our behalf. Shad , (Stuart Moy) API'LICANT/AGENTIREPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of the town officers and employees. Thepumose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: 106 Mulberry CgM.c/o Stuart Moy (Last name,first name,middle initial,unless you are applying in the name of someone else of other entity,such as a company.If so,indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Building X Variance X Trustee X Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other,"name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO x If you answered"YES,"complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse, sibling,parent,or child is (check all that apply): A) the owner of greater then 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C) an officer,director,partner,or employee of the applicant;or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day of "'1`^ k 201 --- ature �� '✓�`L�`(, Tm__, . Print name Stuart Moy APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of the town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Robert W. Anderson— Suffolk Environmental Consulting, Inc. (Last name, first name,middle initial,unless you are applying in the name of someone else of other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee X Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other,"name the activity.) Do you personally(or through your company, spouse,sibling,parent, or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest. "Business interest"means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee.Either check appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse, sibling,parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this 201.0 _ Signature Print name Robert W.Anderson-Suffolk Environmental Consulting Inc. Suffolk Environmental Consulting, Inc. Newman Village • Suite E 2310 Main Street PO Box 2003 • Bridgehampton NY 11932-2003 t 631.537.5160 f 631.537.5291 Bruce Anderson,M.S.,President 5' ,1'1 E Q V E lei REGULAR 1tL1IL U1 D August l Ot", 2020 i Board of Trustees AUG 13 �"u Southold Town P.O. Box 1179 Seai^c%r.i :n Southold,NY 11971 RE: 106 MULBERRY CORPORATION Property—Affidavit of Mailing Situate: 750 West Lake Drive • Southold,NY • 11971 SCTM#: 1000—90—02—01 Dear Members of the Board, In accordance with Southold Town Code §55-1,please find the following documents attached herewith: 1. Affidavit of Mailing, signed and notarized, one [1] original; 2. Certified Mailing Receipts, originals and one [1] photocopy, and; 3. List of Adjacent Property Owners sent public notice byway of certified mail, one [1] copy. Thank you for your time and consideration regarding this matter. Should you have any questions or concerns,please feel free to reach out to this office at any time. Sincerely, Robert W. Anderson (enc.) PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: Dai H. Moy 106 Mulberry St., Apt. 7 New York, NY 10013 Anne R. Sowinski & Sarah Herman 18 Snedecor Avenue Lindenhurst,NY 11757 STATE OF NEW YORK COUNTY OF SUFFOLK Robert W. Anderson, residing at Suffolk Environmental Consulting, Inc P. O. Box 2003, Bridgehampton.NY 11932, being duly sworn, deposes and says that on the_10_day of _August , 2020, 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 their 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 Shelter Island, NY that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Sworn to Yforepe this ` F Day of JGV 20 Zc) 132020 r -tary Public MATTHEW D IVANS NOTARY PUBLIC-STATE OF NEW YORK No,01IV6053859 Qualified in Suffolk County MY Commission Expires 01.2` " r Jill l o a 86 i s s,y i i J 1 oE i L R kil to 110 El 2 • � r� CZ to a N f fti Lry _'� sU TIM `C59L 0000 0992 LTOL fi?-`C5 T59L 0000 0992 LTOL S C E V E E AUG 1 3 2020 5oufhild Town List of Adjacent Property Owners for the: 106 Mulberry Corp. Property Situate: 750 West Lake Drive Southold,NY 11971 SCTM#: 1000—090—02—01 r te~ 825WLake N .. Lake Dr - i :00WL$eDr 55OW Lake Dr 750 W Lake Dr i 950 W Lake Dr 1030 W Lake Dr LETTER NAME PROPERTY MAILING ADDRESS SCTM# ADDRESS A Dai H. Moy 950 West Lake Dr. 106 Mulberry St., Apt. 7 1000-90-2-2 Southold,NY New York,NY 11971 10013 B Anne R. 825 West Lake Dr. 18 Snedecor Avenue 1000-90-1-26.1 Sowinski & Southold,NY Lindenhurst,NY Sarah 11971 11757 Herman F AUG 1 3 2020 f3o� �;Tru ices Glenn Goldsmith,President �OSVFFQ��C0 Town Hall Annex Michael J.Domino p Gym 54375 Route 25 John M.Bredemeyer III � a P.O.Box 1179 A.Nicholas KruP ski Southold,NY 11971 Greg Williams �?� ® p!� Telephone(631)765-1892 Fax(631)765-6641 - BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 4, 2020 .Suffolk Environmental Consulting, Inc. Robert W. Anderson P.O. Box 2003 Bridgehampton, NY 11932 Re: Board of Trustees Application of 106 Mullbery Corp. 750 West Lake Drive, Southold _ SCTM# 1000-90-2-1 To Whom It May Concern: You are receiving this letter as notice that, in accordance with the Governor's Executive Order, 202.1, this application is now scheduled to be-heard by the Southold Town Board of Trustees, via videoconferencing on Wednesday, August 19, 2020 beginning at 5:30 P.M. Please continue to check the Town's website as the meeting date approaches for the latest meeting,agenda and videoconferencing information. Be advised, the office had previously mailed to you a Notice of Hearing noticing packet to use for the adjacent property owners, and a public notice,property sign for your application regarding the above referenced property. However, because of the pandemic, many of the Board's meetings were canceled. Now that the Board of Trustees are starting to again hold public hearings via videoconferencing, you aye required to send out a second revised public notice to all adjacent property owners and place the revised public notice sign at the site, and as per Chapter 55 of the Town Code, Public Hearings, Notice of, in order to be rescheduled and heard during the Board's August 19, 2020 public hearings via videoconferencing. Also enclosed-is an informational notice regarding the videoconferencing meeting and how to access the online meeting. Please mail a copy of this notice along with all other required paperwork to each of the adjacent property owners. Please keep a copy of said informational notice for your records so that you can access the meeting in order to have a conversation with the Board during your application review. -------T-VinryTruly_1Co_uLs,T_ — _-- — ------ enn ofit , ei ' Board of Trustees Glenn Goldsmith,Pre"sident .019, Town Town Hall Annex Michael J.Domino 54375 Route 25 John M.Bredemeyer III z P.O.Box 1179 co A.Nicholas Krupski v- ^' Southold,NY 11971 Greg Williams Gy,� ® �pl� Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD WORK SESSION & PUBLIC HEARINGS WEDNESEDAY, AUGUST 19, 2020 5:OOPM & 5:30PM A Regular Work Session and Public Board Hearings of the SOUTHOLD TOWN BOARD OF TRUSTEES will be held on Wednesday, August 19, 2020 with the Work Session beginning at 5:OOPM and Public Hearings beginning at 5:30PM''. Pursuant to Executive Order 202.1 of New York Governor Andrew Cuomo in-person access by the public will not be permitted. Town residents are invited to attend the public meetings virtually via the Zoom online, platform on Wednesday, August 19, 2020 with the Regular Work Session beginning at 5:OOPM, and the Public Board Hearings beginning at 5:30PM. The public will have access to view and listen to the meeting as it is happening via Zoom. If you do not have access to a computer or smartphone, there is an option to listen in via telephone. ' Further details about how to tune in to the meeting,are on the Town's website at https://www.southoldtownny.gov/calendar or call the Board of Trustees office at (631) 765-1892 Monday through Friday between the hours of 8:OOAM—4:OOPM. - Options for public attendance: • Online at the website zoom.us, click on "join a meeting" and enter the information below. Zoom Meeting ID: 912 5509 9515 Password: 014072 • Telephone: Call 1(646) 558-8656 Enter Meeting ID and Password when prompted (same as above). , To view the application files please visit: https://www.southoldtownny.gov At the bottom of the picture on the main screen click on the second button from the right"Town Records, Weblink/Laserfiche'; go to bottom of page and click on "pg. 2"; click on "Trustees"folder; click on "Applications";click on "Pending"; all files are listed by name in alphabetical order. Click on _ the name of the application to view the file. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED,MAIL RECEIPTS Name: ava STATE OF NEW YORI COUNTY OF SUFFOLK residing at being duly sworn, deposes and says that on the day of , 2C , 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 CERTITIED MAEURETURN RECEIPT. Sworn to before me this Day of, 720 Notary Public 1 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a Public Hearing concerning this property will be held,by the Southold Town Board of Trustees via the online Zoom platform. - OWNER(S) OF RECORD: 106 MULBERRY CORP. SUBJECT OF PUBLIC HEARING: For a Wetland Permit Suffolk Environmental Consulting on behalf of requests a Wetland Permit to construct a two story,single family dwelling(25'x42'4",±1,058.25sq.ft.)with attached 7.3'x48.2' (351.86sq.ft),deck on south side of dwelling; install a 25'x6'(±150sq.ft.)stone driveway,a 12'x20'parking area on west side of proposed dwelling,and an 11'x20'parking area on north side of proposed dwelling; install a new innovative,alternative nitrogen reducing water treatment system (AI/OWTS); install sanitary retaining wall at an overall length of 99.5'and a width of 8.0"across the top of the wall; and to replace the failing bulkhead on west side and north side of the lot as well as to replace the wood jetty which extends into West lake,consisting of 198.0 linear feet of bulkhead to be replaced along the westerly and northerly portions of the subject property with the following measurements:timber top cap: 2.25'wide extended along the entirety of the bulkhead to be replaced,9"diameter timber piles,6"x6"timber whalers,±6.0'long tie-rods,±6" diameter dead-men,and the use of vinyl sheathing(CLOC or similar);the bulkhead return located perpendicular to the northerly portion of .ne bulkhead to be replaced at an overall length of 11.0'with a 2.25'wide top-cap,9.0" diameter piles,6"x6"timber walers,±6.0'long tie- rods,±6"diameter dead-men,and vinyl sheathing(CLOC or similar);the existing wood jetty to be replaced with new 15.0'long jetty with r" i 9.0" diameter piles placed 1.5'o/c alternating between the east and west sides of the jetty,the use of vinyl sheathing(CLOC or similar), 6"x6"timber waters on both sides of the jetty,and 2.75'tie-rods;existing wood dock assembly to be removed at the start of the bulkhead replacement and re-installed in-kind and in-place at the completion of the bulkhead replacement consisting of a landward 5'x5'wood platform to a 14.1'x3.5'wooden ramp with 3.5'tall railings;a 13.5'x7.0'wooden float secured by four(4)9.0"diameter piles with two on the landward side of the float and two on the seaward side of the float. Located:750 West Lake Drive,Southold. SCTM#1000-90-2-1 TIME& DATE OF PUBLIC HEARING: Wednesday, August 19, 2020—at or about 5:30P.M. —To access the Zoom meeting please see the meeting agenda located in the Trustees section of the Town website. If you have an interest in this project, you are invited to view the Town file(s) through the Southold Town website. To view the application files please visit: https://www.southoldtownny.gov At the bottom of the picture on the main screen click on the second button From the right"Town Records, Weblink/Laserfiche"; go to,bottom of page and click on "pg. 2"; click on "Trustees" folder; click on "Applications"; click on "Pending all files are listed by name in alphabetical order. Click on the name of the application to view the file. BOARD OF TRUSTEES *TOWN OF SOUTHOLD * (631) 765-1892 Suffolk Environmental Consulting, Inc. Newman Village ® Suite E 2310 Main Street PO Box 2003 - Bridgehampton NY 11932-2003 t 631.537.5160 f 631.537.5291 Bruce Anderson,M.S.,President SENT by REGULAR MAIL 2 -- August 18th, 2020 t� E Board of Trustees AUG Z Southold Town P.O. Box 1179 Southold,NY Southold To►vq B 11971 ar of Tru tee RE: 106 MULBERRY CORPORA TION Property—Affidavit of Posting Situate: 750 West Lake Drive • Southold,NY • 1?971 SCTM#: 1000—090—02—01 Dear Members of the Board, In accordance with Southold Town Code §55-1, please find the following documents attached herewith: 1. Affidavit of Posting, signed and notarized, one [1] original; Thank you for your time and consideration regarding this matter. Should you have any questions or concerns,please feel free to reach out to this office at any time. ;Sincerely Robert W. Anderson (enc.) Glano Gold--irwili.Presidtfat Town [fall Ani -4 Mi&td J.11joinina S,2 PS .25 J0111 M. BTV(Iizmqvcr III P,QBox 1179 p A.Nicholas KTu- talioN.NY 1071 Eki Fax(631)765-6641 BOARD OF TOWN *JlftU811461�'S TOWN OF S017HOLT) BOARD OF TRUSTEV.S.,TOWN OF SOI.FMOLD In tlje Nlatter of Ilse Appliullfion or 106 NfULLBERRV COkP. COUNTY C.')F SUFFOLK STATE OF NEW YORK Nr�mDAvrr ai� POSTMG THIs Ponill-a-4t(1,qL-'.i_-011jP;.ETF_J),4 1XV11V MA CL,�,r-ORA T LE-AST,SLIeE-N-DA YS 1;R1011 1-0 17-JE Pi U_RLiCH­F' ,4­Rh VG;VA T' L,' Robert W. Anderson re3iding of A111", P.O. Box 2003 - Bridgehampton,NY 11932 being d Lily swoni.dcposc and sky, That on flic 10"' day of August 20 20 , I personally posted ffio pmperty known as 750 West Lake Drive - Southold,NY - 11971 by placing die Board of Triisteics officlial no- icing poster where it cmi ca-sily be,%een (tont the -sLfeet, and that I lumv uheckcd to tv- sure ilia noticiqQ porter Ims ivniftined in place 6 seveft days immiadiately proceding the dwe of fl-Le public hearing. Date of hearing nOlvd djureon to be field Wednes,duv.A tigg ,gJ9,21120 Dawd.- Awps� nit 262o Sworn to before me 11iis /jMiay or&5 20 tf - MATTHEW D. IVANS ic NOTARY PUBLIC-STATE OF NEW YORK No OlIV6053859 Qualified in Suffolk county My commission Expires 01-22-20�p PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: Dai W. Moy 106 mulberry Street, Apt. 7 New York,NY 10013 Anne R. Sowinski & Sarah Herman 18 Snedecor Avenue Lindenhurst,NY 11757 STATE OF NEW YORK COUNTY OF SUFFOLK Robert W. Anderson, residing at Suffolk Environmental Consulting, Inc, P. O. Box 2003, Brid e�pton,NY 11932, being duly sworn, deposes and says that on the—4'h_day of _March , 2020, 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 their 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 Bridgehampton, that said Notices were mailed to each of_srsons by CERTIFIED MAIL/RETURN RECEIPT. Sworn to before me this Day of , 206 U.S. Postal SOrvice'" Postal Servic CEF , © ■CERTIFIED Uk.- i -RECEIPT Er _Dome�jjcjUail Only _101 I C3 Domestic Mail Only N Ln N •LI ND NHUR •" ' « NE 3 {(� Certified Mall Fee in Certified Mail Fee c 1 I Ir $ $�'`� 0" $ $3.55 -� Extra Services&Fees(cneckbow eddlee a to) Extra Services&Fees(check box,edd lee 1�� (S1 ❑Return Receipt(hardcopy) $r-91 ! L ❑ Return Receipt(hardcopy) $ O ❑Return Receipt(electronic) $ Postmark ❑Return Receipt(electronic) $ Postmark �� I.� C3 ❑Certified Mall Restricted Delivery $ - �® _4 H2020 m ❑Certified Mall Restricted Delivery $ + Here 0 ❑Adult Signature Required $ f� p ❑Adult Signature Required $ _ MAR n ❑Adult Signature Restricted Delivery$, []Adult Signature Restricted Delivery$ o 4 2020 m E3 Postage Postage $1�.70 1171 Total Posta e •70 g and Fees -'�Oq f�i1 Total Postage and Fees [13/04/20 �rfjV $ $7.10 $ $7.10 r�� Q, Sept To c Q' Sent To 'l 1�1�4�.SoWMS�C.► .7 r'N.% P TnN - -------------------+ � ` ------ -- Aa► V. �O _ O Sireet and"t No.,or PS Box No. --- --- ------- ----- y -- -------------------------------------- 6Freet andA"'t. A or PC3 Box No. r OG l "I S�'. __ _ aril �e,N144- ,�N_ ----------------------- "I - - ----- - - 7----------------- �ry ---- ----- ?�v�hur � - - 7.V- cr ,ware.ZTa Vo 1L N ►00 3 a N 11 M :r• r :r• r „ rr,•r t, , N -UTIL' Itt U 'I= H I LAIRING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Southold Town Board of Trustees at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD : 106 MULBERRY CORP. SUBJECT OF PUBLIC HEARING : Please see attached Project Description Page posted with this notice. TIME & DATE OF PUBLIC HEARING : Wednesday, March 18, 2020 — 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 Glenn Goldsmith,President *qf SU#TTown Hall Annex Michael J. Domino,Vice-President ,`O ��� 54375 Route 25 John M.Bredeme er III P.O.Box 1179 York Y �[ � Southold,New York 11971 A.Nicholas Krupski G Telephone(631) 765-1892 Greg Williams Fax(631) 765-6641 C4UNT`1,�1c� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD PUBLIC HEARING FOR THIS PROPOSED PROJECT TO BE HELD ON WEDNESDAY, MARCH 18, 2020 AT OR ABOUT 5:30P.M. IN THE TOWN HALL MEETING HALL PROJECT DESCRIPTION FOR: Suffolk Environmental Consulting on behalf of 106 MULBERRY CORP. LOCATED: 750 WEST LAKE DRIVE, SOUTHOLD SCTM# 1000-90-2-1 For a Wetland Permit to construct a two story, single family dwelling (25'x42'4", ±1,058.25sq.ft.) with attached 7.3'x48.2' (351.86sq.ft), deck on south side of dwelling; install a 25'x6' (±150sq.ft.) stone driveway, a 12'x20' parking area on west side of proposed dwelling, and an 11'x20' parking area on north side of proposed dwelling; install a new innovative, alternative nitrogen reducing water treatment system (AI/OWTS); install sanitary retaining wall at an overall length of 99.5' and a width of 8.0" across the top of the wall; and to replace the failing bulkhead on west side and north side of the lot as well as to replace the wood jetty which extends into West lake, consisting of 198.0 linear feet of bulkhead to be replaced along the westerly and northerly portions of the subject property with the following measurements: timber top cap: 2.25' wide extended along the entirety of the bulkhead to be replaced, 9" diameter timber piles, 6"x6" timber whalers, ±6.0' long tie-rods, ±6" diameter dead- men, and the use of vinyl sheathing (CLOC or similar); the bulkhead return located perpendicular to the northerly portion of the bulkhead to be replaced at an overall length of 11.0' with a 2.25' wide top-cap, 9.0" diameter piles, 6"x6" timber walers, ±6.0' long tie-rods, ±6" diameter dead-men, and vinyl sheathing (CLOC or similar); the existing wood jetty to be replaced with new 15.0' long jetty with 9.0" diameter piles placed 1.5' o/c alternating between the east and west sides of the jetty, the use of vinyl sheathing (CLOG or similar), 6"x6" timber walers on-both sides of the jetty, and 2.75' tie-rods; existing wood dock assembly to be removed at the start of the bulkhead replacement and re-installed in-kind and in-place at the completion of the bulkhead replacement consisting of a landward 5'x5' wood platform to a 14.1'x3.5' wooden ramp with 3.5' tall railings; a 13.5'x7.0' wooden float secured by four (4) 9.0" diameter piles with two on the landward side of the float and two on the seaward side of the float. Located: 750 West Lake Drive, Southold. SCTM# 1000-90-2-1 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list, policies and explanations of each,policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus,the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. 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 SCTM# 090.00 - 02.00 - 001.000 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept/ZBA. ❑ 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: Applicant proposes, for regulatory approval, to construct a two story single family dwelling (25' x-42'-4"= 1,058.25 ± square feet) with an attached deck (South side of proposed dwelling : 7.3' x 48.2'=351.86 square feet, West Side of proposed dwelling: 25' x 6' = 150 ± square feet), a stone driveway on the west side of the proposed dwelling (12'x20' parking area (west side of proposed dwelling) and 11x20' parking area (north side of proposed dwelling)), a new innovative, alternative nitrogen reducing water treatment system (IVOWTS), and to replace the failing bulkhead on the west side of the lot(adjacent to Dug Inlet) and on the north side of the lot(adjacent to West Lake) as well as to replace the wood jetty which extends into West lake. Location of action: 750 West Lake Drive • Southold,New York • 11971 Site acreage: 8,861±square feet (0.2 acre±total) Present land use: Residential Vacant Lot Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: 106 Mulberry Corp.c/o Stuart Moy (b) Mailing address: 106 Mulberry Street •APO • New York,NY* 10013 (c) Telephone number: Area Code(516)—579- 6200 (d) Application number,if any: N/A Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No ® if yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ® 'Yes ❑ No ❑ Not Applicable The proposed project is consistent with this Policy in that,the applicant proposes to construct a single family dwelling with an attached deck on the south and west sides of the house a common place structure for the area in that many other homes in the area are adorned with similar appurtenances Consequently,the proposed project is consistent with the above referenced Policy. 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 ❑ No ® Not Applicable Policy 2 is not applicable in that, the surrounding area does not include any structures that can be classified as an historic or archaeological resource. Attach additional sheets if necessary a Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 5 through 7 for evaluation criteria ® Yes ❑ No ❑ Not Applicable The proposed improvements (i.e. Single family dwelling w/attached deck)will be constructed consistent with the predominant character of the surrounding neighborhood. Consequently, the proposed construction activities are consistent with the above referenced Policy. 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 Yes ® No ❑ Not Applicable ❑ This project is consistent with Policy 4 in that, the proposed bulkhead maintenance will protect the integrity of the adjacent channel (i.e. Dug Inlet)from erosion. Consequently, this project is consistent with Policy 4. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No ® Not Applicable This Policy is not applicable to the proposed project. 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 ❑ Yes ❑ No ® Not Applicable This policy is not applicable to this project. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III -Policies Pages 32 through 34 for evaluation criteria ❑ Yes ❑ No ® Not Applicable This project is not applicable to this Policy. 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 This project is not applicable to this Policy. Attach additional sheets if necessary 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 ® Yes ❑ No ❑ Not Applicable This project is consistent with the above referenced policy in that, the proposed bulkhead maintenance will provide for navigable use of dug inlet, allowing the residents situate on West Lake access to Little Peconic Bay. Consequently the proposed activities are consistent with Policy 9. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III—Policies;Pages 47 through 56 for evaluation criteria ❑ Yes ❑ No ® Not Applicable this policy is not applicable to the proposed project. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound,the Peconic Estuary and Town Waters. See LWRP Section III—Policies;Pages 57 through 62 for evaluation criteria ❑ Yes ❑ No ® Not Applicable This project is not applicable to this Policy. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies;Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable This project is not applicable to this Policy. 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 This proiect is not applicable to this Policy. Attach additional sheets if necessary Suffolk Environmental Consulting, Inc. Newman Village Suite E ® 2310 Main Street Q PO Box 2003 © Bridgehampton NY 11932-2003 t 631.537.5160 f 631.537.5291 Bruce Anderson,M.S.,President HAND DELIVEREDi January 31, 2020 1 Town of Southold Board of Trustees `` FEB 3 2020 P.O. Box 1179 ' Southold, NY 11971 RE: 106 MULBERRY CORP. Property Situate: 750 West Lake Drive • Southold, NY 11971 SCTM#: 1000 -90 - 02 -01 Dear Members of the Board, This Firm represents the owners of the above referenced property who are seeking all required regulatory approval to construct a Two-story family dwelling with attached deck, stone driveway and New IA/OWTS septic system thereon. Consequently,your Boards approval is required. Attached herewith please find the following application materials: 1. Board of Trustees Wetland Permit Application; one original and three (3) copies; 2. Corporate Resolution outlining Stuart Moy as an empowered member of the corporation to act on its behalf; one original and three (3) copies; 3. Board of Trustees Wetland Permit No. 7133; one original and three (3) copies; 4. Short Environmental Assessment Form; one original and three (3) copies; 5. Authorization Form; one original and three (3) copies; 6. Agent Authorization Form; one original and three (3) copies; 7. Applicant/Agent/Representative Transactional Disclosure Forms; one original and three (3) copies of each; 8. LWRP consistency Assessment Form; one original and three (3) copies; 9. Photographs of the property and current conditions thereon; four (4) copies; 10. Site Plans prepared by Suffolk Environmental Consulting, Inc. last dated September 111h 2019;four (4) sets; a 11. Survey of the subject property prepared by David H. Fox, L.S., P.C. dated June 1211, 2019; 12. Check made out to the Town of Southold in the amount of two-hundred fifty dollars ($250.00) in full satisfaction of the requisite application fee. Kindly commence your review of the above application materials at your earliest opportunity. Thank you for your time and consideration regarding this matter, and if you have any questions or concerns pertaining to this project, please feel free to reach out to this Firm. Sincerely, Robert W. Anderson (attachment) C.c. M. Solomon S. Moy