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Home My WebLink AboutTR-10404 Glenn Goldsmith, President ®F S0 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 :r1h Fax (631) 765-6641 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, hay bale line/silt boom/silt curtain 1St day of construction % constructed When project complete, call for compliance inspection; } -$-rpY _ _��p�..L��'4• _ `a`5''„�^Fa�Y est"•'^' -?;r, ti;�"-T S��r o±w.�,y.Y;,, ,r1�W�g A9v. �,.G q y$�tµ ',d°r^•;fYi. ��tr�,`•�a w- -,E.. i' 'l � „ t ly -.y R °'..��!." .d�p4 °FY��°'x ....r'�?^^.. k� '�� as>n,..w:r�k� � ...; ,•s.f.,, bx r�A"� g( Y� >t. G�.� �`�:;,n .�,. .� .d,.'�i.'! '"'�1� '>'Pi,, r-`�`.�}\• v ' a� lehl1'.• 1d_:`+":I•t, ,' ;��' . 5',_ +xoamm'w•c .m wp v �aini r 3a Y,''. •.c ' rrr:.rvart•rv:, v rrr+ft.,.,- r'.,ny;:rr: ,d° S•. „s, „r r'q;'� .E!3'.. TS!'vf?a ..i ?"".�t6.'S91 1Lq9,•Gr,•lUpywrvt;,'i""a.,,r — r�,:Es'ti4;�;'ri:;F�bT.'r'r::ri�!<itee<,;;,s.:....l...S"'.._...� ...5!_.<s,.rM:?r.:'k'8•�G".T�':"�+,,.,...t. �U.,k�::,vR''�X. ._� .,t.!-. .1- 'N L t '`.. x BOARD OF SOUTHOLD TOWN TRUSTEES ; - + SOUTHOLD NEW YORK PERMIT NO.'10404 DATE: JUNE 14,2023tl ' ISSUED TO: CAROLYN & JOSEPH FERRARA P* PROPERTY ADDRESS: PROPERTY OFF OF OSPREY NEST ROAD, GREENPORT SCTM#1000-35-7-1 " � r AUTHORIZATION 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 June 14. 2023, and in �. consideration of application fee in the sum of$250.00 paid by Carolyn & Joseph Ferrara and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the following: '' y Wetland Permit for a proposed 3'x27' fixed dock consisting of 411x8" pilings with 4"x8" caps (CCA),4"x8"(CCA)stringers,and open grade style decking within the area of a private .,- g ';+ � .g mooring lot and adjacent to bulkhead; and to install a 4 wide path to the road; and as depicted s } ; on the revised site plan prepared by Costello Marine Contracting Corp.,last dated July 5,2023, > "$ and stamped approved on July 5,2023. s. IN WITNESS WHEREOF,the said Board-of Trustees hereby causes its Corporate Seal to be affixed, and s. these resents to be subscribed b a majority of the said Board as of the da and year first above written. C; P Y J h' Y Y oguFFQ(,�c 'a ~ ti x D � . , ° .bye+ r'a7 ?� u7m�ktXuaaie; ��i�T»: lr.,"uY�tic%J;SAi.vn`:a�.5i:�.nu"U%ui:;:r tSSn�iJxnixS'�Xad3aa.tar.�a�r"fi S'33:eiF �x »"auk'x''Vn»;��nknu�e4.rtiZis'aP:tSk:�i}.r�a'zr.iiia�..nLV�'eS+.,:��,'�"�."�'�,+etSSk'S2`h�a.r�;��,T.tuxr3�:ei�2�i�e�uv28 .oru�i5'.r.,sncT+..�r'P'i.a.;t�}�� '„s �,3;— `>L-,� �r,_e d ,:,a-- 6.i� a�"� ^�° 09' 'trt„' ° a .}.., ;'r,'•°�°6 � ��d..al;' .er*� � +gym>�.V'" -_ �..�e.ada �: TERMS AND CONDITIONS i The Permittee Carolyn&Joseph Ferrara. residing at off of Osprey Nest Road, Greenport, 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 36 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 ®F S®UrTown Hall Annex ®01 54375 Route 25 A. Nicholas Krupski,Vice President CIO P.O. Box 1179 Eric Sepenoski l�L Southold,New York 11971 Liz Gillooly Telephone(631) 765-1892 Elizabeth Peeples � .� Fax(631) 765-6641 c®um,� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 5, 2023 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: CAROLYN & JOSEPH FERRARA OFF OF OSPREY NEST ROAD, GREENPORT SCTIVI# 1000-35-7-1 Dear Mrs. Moore: The Board of Town Trustees took the following action during its Regular meeting held on Wednesday, June 14, 2023 regarding the above matter: WHEREAS, Patricia C. Moore, Esq., on behalf of CAROLYN &JOSEPH FERRARA 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 September 19, 2022, 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 the Policies of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: issuance of a permit for the structure; and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on November 16, 2022 and June 14, 2023, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, and, 2 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 CAROLYN & JOSEPH FERRARA for a proposed 3'x27' fixed dock consisting of 4"x8" pilings with 4"x8" caps (CCA), 4"x8" (CCA) stringers, and open grade style decking within the area of a private mooring lot and adjacent to bulkhead; and to install a 4' wide path to the road; and as depicted on the revised site plan prepared by Costello Marine Contracting Corp., last dated July 5, 2023, and stamped approved on July 5, 2023. 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: $293.00 Ve r ly yours a Genn Goldsmith President, Board of Trustees GG/dd r �f iif `'✓' P e Pecorn - w� � i "i ardiners Bay, NY 25 Estates f '. Greenport West /,/' Spri` gPoridr n Stirling Cleaves Point , �" C"emetery Estates•, Inlet ant Stithn Gull Pond � Cleaves Point a �R8; Y 25 \ Ifs nSot PROJECT In k LOCATION _ tea' S rlm a in a Youngs Point Hay Beach Point NY 25 Truck _ Greenport l _ ion �.r►� res Woods f ,PF \Ail dam ° Greenport , CR 4k3;Truck NY 25� i iP Y �\ NY 25 Fanning Point a maq, ` Arshamonaque — s `� heifer Island Heights h Au'�u�,Acres- y� 1!4' CR69 _ 1 APPLICANT: JOSEPH CAROLYN FERRARA ADDRESS: 205 WEST 57T" STREET, APT. 8D NEW YORK, NY 10019 JUL - 5 2023 ' CI N IW MAP JOB 51TE: 185 OSPREY NEST ROAD PREPARED BY: K5 REVISED BY: K5 SCTM: #1000-35-7-1 C05TELLO MARINE CONTRACTING CO _ 1° ' 42"N 720 20' 43"W DATE: 07/05/23, OG/I G/23, OG/OG/22, P,0 BOX 2124, GREENPORT, N.Y. 1 19 4 southoidTown OG103122, 05/31/22, 03/19/20, (G31)477-1 199 Board ofTntstees (SHEET I of 7) 10/15/19 r IIJ q 9 O P� ADJACENT PROPERTY OWNERS N cy< \V SSPE X92 Qj JANET G. * KEVORK N. DEMIRCIYAN 9yF F 1 GO OSPREY NEST ROAD ��• 2 , GREENPORT, NY 1 1944 (I GO OSPREY NEST ROAD) T 90 • oy (SCTM# 1000-35-7-2) tis °o 9q 2 ROBERT T. COOPER, JR. oQ O P.O. BOX 487 NN GREENPORT, NY 1 1944 (565 OSPREY NEST ROAD) (SCTM# 1000-35-G-29) o O3 CLEAVES POINT PROPERTY ASSOCIATION, INC. PFS P.O. BOX 507 j S GREENPORT, NY 1 1944 •� (345 OSPREY NEST ROAD) GULL ' (SCTM# 1000-35-G-30) POND INLET • O I PROJECT 03 [• LOCATION •�• 2 it— NqN • HgSSfTq� \•• /� APPLICANT: J05EPH CAROLYN FERRARA :_:' I ADDRESS: 205 WEST 57T" STREET, APT. 8D JUL - 5 2023 NEW YORK, NY 10019 L CATION MAP JOB 51TE: 185 OSPREY NEST ROAD PREPARED BY: KS REVISED BY: K5 E SCTM: #1000-35-7-1 C05TELLO MARINE CONTRACTING COPJF. Southold Town 41° G' 42% 720 20' 43"W DATE: 07/05/23, OG/I G/23, 06/06/22, P.0 BOX 2124, GREENPOKT, N.Y. I 194-2t— Board of Trustees OG/03/22, 05/31/22, 03/19/20, (G31)477-1 199 (SHEET 2 of 7) 10/15/19 PROPOSED CONSTRUCT A 3'x27' FIXED DOCK. PROVIDE A 4' WIDE PATH TO ROAD. MATERIALS: PILINGS: 4"x8" GREENHEART CAPS: 4"x8" CCA STRINGERS: 4"x8" CCA DECKING: OPEN GRATING STYLE HARDWARE: H.D. GALV. r FASTENERS: STN. STEEL Fpr PLICANT: JOSEPH CAROLYN FERRARA ACCESS: JUL - 5 2023 DDRE55: 205 WEST 57T" STREET, APT. 8D BY WATER VIA BARGE AND BY LAND THROUGH APPLICANTS' PROPERTY NEW YORK, NY 100 19 B SITE: 185 OSPREY NEST ROAD PREPARED BY: KS REVISED BY: KS Southold Town CTM: #1000-35-7-I C05TELLO MARINE CONTRACTING CORP. Boardof T-+- ATE: 07/05/23, OG/I G/23, OG/OG/22, P.0 BOX 2124, GREENPORT, N.Y. 1 1944 OG/03/22, 05/31/22, 03/19/20, (G31)477-1 109 (SHEET 3 of 7) 10/15/19 14p/ m PROPOSED �°a CONSTRUCT A 3'x27' FIXED DOCK. PROVIDE A 4' WIDE PATH TO ROAD. 1000_35M# 6 29 S T Afll S. MHWblkd. ;^--��, Phragmites �P `S° h kq P fol, Ito) _moo �,, ,• 9�d� d O� (vi pp v d) .f `sem a aot, .6� •p o B `6 6 •0 All, '°ONO � `�B .6s . � 66 NOTE: -4. 1 INDICATES WATER DEPTH APPLICANT: JOSEPH CAROLYN FERRARA IN FEET WHEN MLW EQUALS 0.0 AS MEASURED BY R.FOX 7/8/I 9ADDRESS: 205 WEST 57T" STREET, APT. 8D I JUL�. - 5 2023 19 SITE MAP JOB 51TE: 185 OSPREY NESTEW YORK, NY OROAD PREPARED BY: KS REVISED BY: K5 E 20' SCTM: #1000-35-7-1 C05TELLO MARINE CONTRACTING CORP Southold Southold Town DATE: 07/05/23, OG/I G/23, OG/OG/22, P.O BOX 2124, GREENPORT, N.Y. 1 194 + Board of Trustees 1"=20' OG/03/22, 05/31/22, 03/19/20, (G31)477-1 199 (SHEET 4 of 7) 10/15/19 PROPOSED / a a� CONSTRUCT A 3'x27' FIXED DOCK. PROVIDE A 4' WIDE PATH TO ROAD. �a�'` SCTM## , PROVIDE 4WIDE PATH TO ROAD 1000-35-6-29 7000 CTM# S. P:PO, � ,� MHW blkd. "- /�� 60 R� . 90ARD OFTROS. EESe0ac `Pd TOWN OF-SOUTHOLD � ' ' COP d q�lpl:? DATE Tvt y r-, zo23. X X4,8„ �7 l ---- ----- `6 � 6 , c 100 o .6 •'?9 NOTE: ;r ' ? -4. 1 INDICATES WATER DEPTH APPLICANT: JOSEPH CAROLYN FERRARA IN FEET WHEN MLW EQUALS 0.0 # �'. ADDRESS: 205 WEST 57T" STREET, APT. 8D AS MEASURED BY R.FOX 7/8/19 I=J � JUL - 5 2023 ITE PLAN JOB SITENEW YORK, NY 10019 : 185 OSPREY NEST ROAD PREPARED BY: KS REVISED BY: KS � � 20 SCTM: #1000-35-7-1 C05TELLO MARINE CONTRACTING CORP. Southold Town DATE: 07/05/23, OG/16/23, 06/06/22, P.0 BOX 2124, GREENPORT, N.Y. 1194L Board ofTrustees 1"=20' OG/03/22, 05/31/22, 03/19/20, (G31)477-1 199 - (SHEET 5 of 7) 10/15/19 PROP05ED CONSTRUCT A 3'x27' FIXED DOCK. PROVIDE A 4' WIDE PATH TO ROAD. 27' FACE OF BULKHEAD PHRAGMITES PROPOSED 3'x27 FIXED DOCK TOP OF BULKHEAD - GRADE MHW +2.5EXISTING BULKHEAD MLW 0.0 T MARSH -------------------------------------------------------,... �. BOTTOM2.,..: i i �- - 0 NOTE: -4.2 INDICATES WATER DEPTH IN FEET WHEN MLW=0.0 AS MEASURED BY R.FOX 7/8/19 APPLICANT: JOSEPH CAROLYN FERRARA Ssv_ 3 r r --' ADDPE55: 205 WEST 57T" STREET APT. 8D JUL - 5 2023 1 ELEVATION NEW YORK, NY 10019 C 0 10' JOB SITE: 185 OSPREY NEST ROAD PREPARED BY: KS REVISED BY: KS SCTM: #1000-35-7-1 C05TELLO MARINE CONTRACTING COR Southold 1"=10' DATE: 07/05/23, OG/I G/23, 06/06/22, P.O BOX 2124, GREENPORT, N.Y. 1 19 4 BoardofTrustees OG/03/22, 05/31/22, 03/19/20, (G3 ))477-1 199 (SHEET G of 7) 10/15/19 �f4" 4"x8" FENDER PILINGS - GREENHEART I T J, OPEN GRATING STYLE DECKING ELEV. TO BE LEVEL WITH 3'-0" 4"x8" STRINGERS - CCA TOP OF EXISTING BULKHEAD 4"x8" CAPS - CCA MHW+2.5' 2'-T6" MLW 0.0 VARIES BOTTOM I I I � I Q'-1 2' PENETRATION I I 1.1 l i NOTE: HARDWARE TO BE H.D.GALV. DECK FASTENERS STN. STEEL. E C I _ APPLICANT: JOSEPH CAROLYN FERRARA � � K DETAI L ADDRESS: 205 WEST 57T" STREET, APT. 8D ! I ;;1—, NEW YORK, NY 10019 I`` E JUL - 5 2023 '10 4' JOB SITE: 185 OSPREY NEST ROAD PREPARED BY: KS REVISED BY: KS SCTM: #1000-35-7-1 C05TELLO MARINE CONTRACTING CORP. V,=4' DATE: 07/05/23, OG/I G/23, OG/OG122, P.0 BOX 2124, GKEENPORT, N.Y. 1 1944 Southold Tfiwn 00/03/22, 05/31/22, 03/19/20, (G31)477-1 199 Board of Trustees HEFT 7 of 7) 10/15/19 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Betsy Perkins Paralegal Kylee DeFrese June 20,2023 Board of Town Trustees EC E IV E Town of Southold PO Box 1179 Southold,NY 11971 =� l RE: 185 Osprey Nest Road, Greenport(Ferrara) Southold Town SCTM: 1000-35-7-1 BoardofTru 4— Dear Board members: With reference to the above, enclosed please find four(4)revised plans showing the 3' X 27' dock. Please call my office should you have any questions. Thank you. Ve rs,. is C. Moore PCM/kd Encls. Carolyn&Joseph Ferrara Off Osprey Nest Road,Greenport SCTM#: 1000-35-7-1 11/9/22 dW S fr i` I R � 4 � .f. no 13 Y � ` V .�:. i r/ _ 'V!° A .+��M:l��ts�f �i1►�114��C��l.I`.e_�'��r >Jr� .. Carolyn&Joseph Ferrara N Vii►, ' : Off Osprey Nest Road,Greenport ,�•' SCTM#: 1000-35-7-1 'L 11/9/22 o III A R QlY I � 1 t ; N I t tf I 'I r 1 I i Glenn Goldsmith, President hyo oy Town Trustees A Nicholas Krupski, Vice-President H = 54375 Route 25 Eric Sepenoski c P.O. Box 1179 Liz Gillooly Al- aoSouthold, NY 11971 Elizabeth Peeples �1 ix` Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: JOSEPH & CAROLYN FERRARA c/o PATRICIA C. MOORE, ESQ. Please be advised that your application dated September 19, 2022 has been reviewed by this Board at the regular meeting of June 14 2023 and your application has been approved pending the completion of the following items checked off below. xx Revised Plans for proposed project SILT FENCE Inspection Fee ($50.00) 1St Day of Construction ($50.00) %Constructed ($50.00) x Final Inspection Fee ($50.00) - x Dock Fees ($3.00 per sq. ft.) 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. You will receive your permit upon completion of,the above. COMPUTATION OF PERMIT FEES: 3'x27' fixed dock = 81 sq. ft. x $3.00 = 243.00 TOTAL FEES DUE: 293.00 BY: Glenn Goldsmith, President Board of Trustees �� OFFICE LOCATION: �� SUUryo MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY 11971 • Q Telephone: 631765-1938 COW N 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: November-1;5, 2022 Re: LWRP Coastal Consistency Review for CAROLYN & JOSEPH FERRARA SCTM# 1000-35-7-1 Patricia Moore, Es.q.;on behalf of CAROLYN & JOSEPH`FERRARA requests`a:Wetland Permit for a proposed 3'x36' fixed dock consisting of 4"x8" pilings with 4"x8" caps (CCA), 4"x8" (CCA) stringers, and open grade style decking within the area of a private mooring lot and adjacent to bulkhead; and to install a 4' wide path to the road. Located: Property Off of Osprey Nest Road, Greenport. SCTM# 1000-35-7-1 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 and the records available to me, it is my recommendation that the proposal is INCONSISTENT with LWRP Policies and with the LWRP. .1. The safe navigation of vessels needs to be further evaluated. In 1957 when the mooring lots were created, the number and size of vessels would have been different from those today. Stakes were used to moor vessels, and the owner would pull them into the shore to board. 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: Honorable Lori Hulse, Attorney �o�OgUEF04eaG John G. Stein,Chairperson co coo Town Hall,53095 Main Rd. Lauren Standish,Secretary r P.O.Box 1179 • `F Southold,NY 11971 Telephone(631)765-1889 Fax(631)765-1823 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Thurs., November 10, 2022 the following recommendation was made: Moved by John Chandler, seconded by Inga Van Eysden, it was RESOLVED to NOT SUPPORT the application of CAROLYN & JOSEPH FERRARA to construct a 3'X 36' fixed dock with open grate decking, within an area of private mooring lot and adjacent to bulkhead and a 4' path to the road. Located: 185 Osprey Nest Rd., East Marion. SCTM#35-7-1 Inspected by: John Chandler Inga Van Eysden The CAC does Not Support the application due to concerns with navigation around the other docking facilities. Vote of Council: Ayes: All Motion Carried LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C. 13015 MAIN ROAD,P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 ebressler@wbglawyers.com June 12, 2023 JUN 12 2023 ? VIA ELECTRONIC MAIL Southold down Southold Town Board of Trustees Board of Trustees P.O. Box 1179 Southold,NY 11971 Re: Application to the Southold Board of Trustees for approval of a dock on 135 Osprey Nest Road Greenport, NY 11944 "Application" Ladies and Gentlemen: We are the attorneys for Robert Cooper, "Cooper", and write in furtherance of Cooper's objections to the Application and in response to the multiple issues raised by the Applicant at the last hearing and thereafter. Specifically,the Application has asserted that(1) Cooper's dock has not been continuously used on both sides, (2) Cooper `s dock has been relocated, (3)there is precedent for relocations of Cooper's dock, (4) the law required relocation of Cooper's dock, and (5)the Applicant has made reasonable offers to settle. As set forth, infra, none of these arguments have merit. A. USE OF COOPER'S DOCK As set forth in Cooper's accompanying affidavit, Cooper's dock has been in continuous use on both sides from its inception. The Applicant's assertion to the contrary is false and made by one without knowledge of the facts. Thus,this argument should be rejected. B. THE LOCATION OF COOPER'S DOCK IS UNCHANGED As set forth in Cooper's accompanying affidavit, Cooper's dock has never been moved or relocated. The purported relocation argument by the Applicant's attorney is not supported by the facts as the 1992 survey was not of Cooper's dock and contains no meets or bounds as to the Page 1 of 3 dock, the 2023 survey is not inconsistent with either the original drawing by Cooper or the 1992 Survey (which does not include the dock). Thus, the argument should be rejected. C. THERE IS NO PRECEDENT FOR REQUIRING RELOCATION OF COOPER'S DOCK The Applicant asserts that there is precedent for requiring relocation of Cooper's dock. This is simply not so. The situation cited by the Applicant is entirely inapposite for three reasons. First,the purported precedent did not involve a dock extant for 50 years and continuously used on both sides and which had vested rights under doctrines of adverse possession and acquiescence as to location boundaries. Second, there was no required relocation as the parties settled. Finally, the prior situation involved a dispute between mooring lot owners, not a third party such as Cooper. D. THE LAW SUPPORTS THE CONTINUATION OF COOPER'S DOCK The Applicant concedes, as it must, that the Applicant has no riparian right to a dock. The law cited in the opposition by Cooper is dispositive. Similarly, the application of the principles of division of riparian rights supports that the location of Cooper's dock under the perpendicular method(the proper method) of both Cooper's dock and the mooring of vessels on both sides is within his riparian rights. Specifically, a line from the intersection of the upland boundaries perpendicular of the thread of the stream is proper. Ownership of land underwater is irrelevant and the Applicant has cited no authority to the contrary. The other methods cited by the Applicant are entirely inapposite and should be rejected. E. THE PROPOSED SETTLEMENT While it is not customary (or even permitted in other forums)to discuss settlement, since the Applicant has raised the subject, settlement will be addressed. Cooper has taken the position from the outset that any resolution would have to be at the sole expense of the Applicant. This is a reasonable position. Rather than accepting this position, the Applicant has "nibbled" at the position, offering amounts up to $15,000.00, a completely inadequate amount. F. CONCLUSION This application can best be described as "creeping" over time. The Applicant has periodically raised new and baseless arguments all requiring a response. The simple fact at this juncture is that the Applicant is not entitled to the requested permit and has opted not to negotiate in good faith. np E 0 V Page 2 of 3 JUN 12 2023 Southold Town Board of Trustees Thus,the application should be denied as it would result in a hazard to navigation and interfere with a long-permitted usage. Thank you for your consideration of Cooper's position. Very 1 '�yours, Eric I ssi"er EJB/ri E f JUN 12 2023 Southold Town Bo--,rd of Trustees Page 3 of 3 D E C E � 'd STATE OF NEW YORK; TOWN OF SOUTHOLD JUN 12 2023 TOWN OF SOUTHOLD BOARD OF TRUSTEES ----------------------------------_-------_-----------------------_---X In the matter of the application of Southold Town Board of Trustees JOSEPH FERRARA AND CAROLYN FERRARA For the installation of a fixed dock measuring 3 feet in width and 36 feet in length at property located at AFFIDAVIT IN 135 Osprey Nest Road, Greenport,NY OPPOSITION TO SCTM#1000-35-7-1 APPLICATION -------------------------------------------------------------------------X STATE OF NEW YORK ) )ss.. COUNTY OF SUFFOLK ) Robert Cooper, being duly sworn, deposes and says: 1. I am the owner of property located at 565 Osprey Nest Road, Greenport,NY 11944, ("Cooper Property"), which is adjacent, in small part, to a certain"mooring lot#20" owned by the applicants, Joseph Ferrara and Carolyn Ferrara, ("Applicant"), and make this affidavit in opposition to the Applicant's application for permission to construct a dock extending from "mooring lot#20", ("Application"), which (a) interferes with the use of my permitted dock which has been in place for approximately 50 years, and (b) creates a hazard to navigation. I have knowledge of the facts stated herein. 2. This affidavit addresses two specious issues raised by the Applicant in supplemental submissions. First, this affidavit will address the false allegation that the location of my dock was moved since its initial installation in 1972. Second, this affidavit will address the false allegation that I have not consistently utilized both sides of my dock for docking boats. THE DOCK'S LOCATION HAS NEVER CHANGED 3. My dock was permitted in its current location in 1972 and duly constructed, inspected, and approved. I have never moved the location of the dock or changed its angle. My bulkhead was replaced in 2005, but the location and orientation of the dock remained unchanged. Indeed, when the bulkhead was replaced, only the ramp was temporarily removed and then replaced to its original position. Attached as Exhibit A is a photograph of the work being done in 2005, which shows that the dock was not touched. Rather, the work proceeded around it. 4. My initial drawing showing the location of the proposed dock is entirely consistent with all subsequent maps and surveys. Contrary to the Applicant's assertions, the dock's location and orientation was, and remains, approximately in the center of my bulkhead, and always has been. CONTINUOUS DOCKAGE OF VESSELS ON BOTH SIDES OF DOCK 5. As set forth above, my dock was permitted in 1972 and has existed in its current location since that time. Thtoughout that period I have consistently utilized both sides of the dock for mooring vessels. In particular, I have moored the following vessels on both sides of the dock: a 22 ft. Evenrude, a 17 ft. Key West center console, a 16ft. Comet sailboat, a 20 ftl Grady White center console, a 22 ft. Grady White, and a 35 ft.Chris Craft. Any statement to the contrary is simply false. 6. The location of the Applicant's proposed dock and the proposal to moor a vessel on the westside thereof(toward my property) would plainly preclude use of the east side of my dock and create a hazard to navigation. Moreover, the proposed location of the Applicant's dock D E C E � W E JUN 1 2 2023 2 Southold Town Board of Trustees is in violation of Southold Town Code §275-11(c)(2) which requires a 15 foot setback from the property line. Indeed, the claimed"mooring lot#20" is at most 20 feet wide. 7. The history of the "mooring lots"plainly shows that they were intended for placement of small vessels, e.g., dinghies or canoes only, not vessels of the length and, most importantly,the width proposed to be moored. As set forth in my counsel'ssubmissions, the Applicant does not have an absolute right to have a dock, and such applications are commonly denied, when appropriate. This is just such an occasion. 8. 1 note that the Applicant does not reside on lot 4, the lot to which "mooring lot #20" is related. Rather, he maintains a residence at 2170 Maple Lane, Greenport,NY and has a large dock thereat. The Applicant also owns another lot in the Cleaves Point subdivision to which a"mooring lot" is appurtenant and that he enjoys the use of a dock in connection with that lot. There is no reason why such other existing docks cannot be shared and thereby eliminate the instant problem. 9. I, therefore, ask that the Application be denied in its entirety. Robert Cooper Sworn to before me this 11 day of June, 2023. r L� C E 0 V E Notary Public J U N 12 2023 01 Southold Town Cheryl Simons Board of Trustems Notary Pubile,Stats of New YG(k fNo.31-4974341 QuailTed tn it s February 4.2a Cammisslari�xP 3 r , F +E I PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 1U ° 3 Fax: (631) 765-4643 f �N-0yl June 8, 2023 Board of Trustees Town of Southold PO Box 1179 Southold NY 11971 hand delivered. RE: FERRARA WETLAND PERMIT DOCK AT 185 OSPREY NEST ROAD, GREENPORT Dear President Goldsmith and Board: Mr. Ferrara has a pending application to place a fixed dock(without a float), in his waterfront mooring parcel in the Cleaves Point subdivision private marina. Since the date of our last public meeting the following was done: 1. Robert Fox, Marine surveyor prepared a hydrographic Map of the water depths to the west and to the east of the Ferrara waterfront parcel. With the marine survey, Costello Marine Contracting prepared alternative dock designs for Mr. Cooper to review. The plans were sent to Mr. Cooper's lawyer. 2. We offered to pay $15,000 towards the cost to construct the new dock and to obtain the permits on Mr. Cooper's behalf. 3. The Cooper's alternative dock plans cure the encroachment on the Ferrara's private property without affecting Mr. Cooper's access to the water. (Attached is a copy of the letter and drawings for the Board's records - Exhibit A). In the Town's records, documents show that Cooper's dock location changed from 1972 to the present, this resulted in encroaching into the Ferrara underwater land. This unauthorized location does not have a Trustee's permit. The Board should correct this issue when it is brought to your attention, and particularly when it impacts a neighbor's application. In 1992 the Trustees were presented with a similar situation and the matter was resolved by having the owners place their docks in conforming locations. In 1992 an application for a dock was filed by Pauline Israel for mooring lot 23. (Exhibit B) The Israel's adjacent owner, McGough, objected to the Israel dock because it would render his adjacent dock useless. The dispute between the owners caused marine surveys to be prepared and submitted as evidence into the Town records. The survey of the mooring lots included Cooper's 1972 dock. In May 1992 the Cooper's dock appears on the Hawkins, Webb, Jaeger Associates PC survey. Please note that the Cooper dock when properly located, as approved in 1972, does not interfere with the Ferrara parcel. The surveys were further updated in October 1992. Both surveys include the Cooper dock. In the Israel application, the controversy regarding the location of docks was addressed by the Vice-President at the time, Albert J. Krupski. In a letter dated November 3, 1993, the Board of Trustees required that "all involved parties to conform to their permits (in regard to dock size and location) and to work with this board and their neighbors to resolve this problem." See attached letter Exhibit C. The Cooper's original dock was constructed in 1972. (See Exhibit D) Robert Cooper prepared his own drawing of the proposed 6' x 40 float using a VanTuyl survey. These drawings are not to-scale. Mr Cooper submitted a partial copy of Section 1 of Cleaves Point Map which shows an extension of the Cooper's westerly property lines and his dock along this line. The easterly property line is not shown. There was no final survey presented after the dock was constructed. However, as shown in Exhibit B the location of the "as built" 6' x 40' float appears on the 1992 Hawkins survey. As of 1992 the dock did not interfere with the Ferrara property. Thereafter, in 2005 the Cooper bulkhead was replaced. The existing dock was reaffixed to the new bulkhead. Comparing the 1992 Hawkins survey with the 2023 Fox survey, the angle of the bulkhead and the location of the reconnected bulkhead changed from the 1972 plans. The original dock shown on the Hawkins survey did not interfere with the Ferrara property rights or his riparian rights. When the dock was reaffixed to the new bulkhead, the dock was paced closer to the Ferrara parcel and at a different angle. E Board 01 Trdslan JUN 1 )p The Trustees did not approve of the oversized float to be relocated closer to the Ferrara parcel and at an angle which directly and adversely interferes with the Ferrara's rights of access. The Ferrara parcel is a recognized and mapped mooring parcel, in a private marina at Cleaves Point, and on the filed map of Cleaves Point subdivision. The encroachment can be easily cured by the Trustees. The Trustees did not give Mr. Cooper a permit in 1972 to place his float on the land of another. Moreover, in 2005 the Trustees permit for the bulkhead did not approve the float to be relocated such that he would trespass on the adjacent owner's land. The dock was not part of the bulkhead permit. Both parties can enjoy the water and we ask that the Trustees direct the Cooper dock be relocated, as approved in 1972, and the proposed Ferrara dock application granted. Very truly yours, atriia C. Moore E R. JUN 8 H23 PATRICU C. MOORS Attorney at Law 51020 Main Road Southold,New York 11971 mIl)"' Tel: 631 765-4330 BOOM jrruMr* mm mm Fax: (631) 765-4643 .m,. May 23, 2023 By email Eric Bressler, Esq. Wickham, Bresseler& Geasa,P.C. 13015 Main Road, P.O. Box 1424 Mattituck,NY 11952 Re Ferrara Trustees Permit Premises: 135 Osprey Nest Road, Greenport Dear Mr. Bressler: In furtherance of our attempt to come to an amicable resolution, my client had a hydrographic survey prepared at his sole expense showing the water depths in Gull Pond adjacent to the Cooper and Ferrara parcels. Costello Marine Contracting Corp prepared alternative dock designs which would lead to fair use of the waterfront, subject to regulatory review and approval. Site plan alternative `A' & `B' is provided for your client's review. My client continues to offer Mr. Cooper to contribute towards the cost to reconstruct his dock. He has increased his contribution to $15,000. The condition of the existing dock is substantially worn and ready to be replaced. Given the age of the existing dock,Mr. Cooper should assume some responsibility for the cost of replacing the dock. My client will undertake the permit process which is a significant added expense. The Trustee's filing fee has increased to $1,250 and the DEC permit fee is $300. I believe that our clients should communicate directly. My client has tried to contact Mr. Cooper and his son directly but has received no response. Direct communication would be less costly to our clients and more productive. Very.truly-yours, �Putriia C. Moore Cc: Joe Ferrara Costello Marine Contracting Corp 0 Ai 4'x6' FIXED DOCK ` M , - M< !p H �c LEADING TO A Effl—i PROPOSED DOCKS �� 3'x12' RAMP ONTO —'0 =--- NO A 6'x20' FLOAT a EXISTING FLOAT/RAMP GY- PROPOSED PILING . / 1 i io co sz, 5 -5 04,6 V00 c PROPOSED 3'x36' FIXED DOCK uc)cy' NOTE: -2.5 IS MEASURED IN FEET WHEN MLW EQUALS , POAT 0.0 BY ROBERT H. FOX ON 30 JAN 2023 WETLANDS DELINEATED BY ROBERT H. FOX ON 30 JAN 2023 SITE PLAN 'A' PREPARED BY: KS 0 ' COSTELLO MARINE CONTRACTING CORP. - P.O. BOX 2124, GREENPORT, N.Y. 11944 1^=20' (631)477-1199 (SHEET 4 OF 5) he coo""' . op of 4'x6'-4" FIXED DOCK LEADING TO PROPOSED DOCKS A 3'x12' RAMP --- ONTO A 6'x20' oOC EXISTING FLOAT/RAMP FLOAT DGS PROPOSED PILING f � ( / � c lzhGO 3 0+0 jj 1 PROPOSED 3'x36' FIXED DOCK OGS NOTE: LO -2.5 IS MEASURED IN FEET WHEN MLW EQUALS 0.0 BY ROBERT H. FOX ON 30 JAN 2023 WETLANDS DELINEATED BY ROBERT H. FOX ON 30 JAN 2023 SITE PLAN 'B' PREPARED BY: KS 0 COSTELLO MARINE CONTRACTING CORP. P.O. BOX 2124, GREENPORT, N.Y. 11944 111=20' (631)477-1199 (SHEET 4 OF 5 C i rd �sz awes 0 wP �w p.w.�,..+.�',.d,,�,.�..o.+.ico ca T+T•+J oF'x.,rJa.c *µ�6;�pn�4'Pd' Q"^Y�iW..iJ�.Fgrrnraw„wt�.i o�T.IG OF.wI'I IXd �YAJYSlwlad�f+.Y 1_ Aw nu. -,,II—nF ro o-xe-qz e%wk 546 fw �rtH PNtlBJ@CT. A09 Woo.°#•n..4wKP:�.FILE Wal. .�j. ,�,qN APpr,.. J"eeP 4ATE;�wr eam, qac SCALE: n^ m' s HAWKINS WEBB .�AEGER SID -P.G. rAorpw y nE9aaWEsrsY• — X EsrAe.iaTx ENGINEERS -PLANNERS ONS O O Sy+ P+C'3�w' OMCO9Y: ,M PHO ups/e6 Hvrr- Tv��C ..d,r.,. NEv19E0a ,�4"a 200 p00 EAST BR0110WAY�PONT JEFFERSON. .w+i P^R•�wo-Fwr.�u aa.✓srflW+ '"rvn"A^+" OR S48 P-E..L. , Pew nY•N�a� m»,Ww My.W.+-n�NMr! . 914TLNTP AT: r5r1'V' ^G .L.G.r T NJC.TA%NAP wo.iir&w try-1 A•I«rw.a'b b TIA 4A JUN �,, y C �okNrd aaf Tt� , N � b gig � .• y� s� P° w t, .;'� n �, rpt ,� + •�'„.w � " �¢ ��'' z M , o x , , �I�IJIn+l�rakdaa k040141,,004ft 4r Odillm 90 Misdfloumsnt ls�skgkatkkrd W�ffisoNws"a l "•' pNNgjgc'f, .F"�ksr'��ck$Harks lioourtsdawn k.l1Yt. .^, x, s GMS bpr7dctlrakonpn sYull ru n+x1q ku rsoo ln�s Tax w '`° ��^ r1`�-" .'.� kMd Ir>7rra�u,NMF'MNi 1YY VY ,�„ � a� 1N "s sS�kt awry fi r"vw �a9` ��r ," p9ae � isrM ° TTI, W t9A IFJFO ONLY`.TO a $UgV'I Y QATS» 5 1 A�1gkq RLED NNAT ,FILN?N „fir FNdvN Nl CNi1t9NN ? :DATA DNSQ UND.CONST Mk N°NtAAL , V..Vli005• ^� R As C1C W+ LIM NIA 0� is N.YA L 1 P dor Y'�y� :. 16k KA.NNER”' t "•-"DEPARTMENT OF THE ARMY w� NEW YORK DISTRICT, CORPS OF ENGINEERS JA-COB K_ JAVITS FEDERAL BUILDING NEW YORK, N.Y. 10278-0090 pp w �t July 30, 1993JUN M s Eastern PermitsSection SUBJECT: Application kation Number 91 0822-L2r by Paui ne sra l 13oard of llst4r Mr. J. Kevin McLaughlin Attorney at Law 1050 Youngs Avenue P.O. Box 1210 Southold, New York 11971. Dear Mr. McLaughlin: The following is in regards to the subject appOcation to construct a pier assembly .in Gull Pond, Gardiners Bay, at the Town of Southold, Suffolk County, New York, and in furtherance to our letter dated June 1, 1993, copy enclosed. As stated in our previous letter, this office cannot authorize a proposal that would result in undue interference with, access to, or use of, navigable waters. For this reason, it was recommended to Mr. Geideman that an agreement`to relocate the existing structures be attained with Mr. George McGough, Mr. Ralph Grrandinetti, and himself, in a manner that would allow''Ms. Israel to install the proposed pier assembly. During a telephone conversation with Mr. Roberto Barbosa of my staff, you stated that it has been extremely difficult to reach a consensus regarding the proposed relocation of the structures that would satisfy all parts involved. In light of this information, we recommend .that Ms. Israel and Mr. Geideman explore alternative arrangements that would allow both parties to moor their vessels in a safe and adequate manner without-interfering with the adjacent property owners' ability to moor their vessels, and to use the waterway in a safe and adequate manner. If necessary, the applicant should reduce the width of the proposed float or may increase the encroachment of the proposed structure in !Gull Pond provided the encroachment is not excessive so as to restrict navigational access. It should be noted that any proposed change cannot reswult In undue interference with navigation to any of the current boat owners. Once we receive a revised proposal acceptable to the applicant and Mr. Geideman, we will review, such to assess whether such would result in undue interference with navigation, or it would result on"a safety hazard. If you have any questions, please contact Mr.' Roberto Barbosa of my staff at (212) 264--6730. Jh erely, es W. Haggerty ef, Eastern Permits Section .Enclosure • �; One Anchorage Way u - Unit 1606 J Freeport, New York 11520 _^ November 18, 1993 ml.5 Mr. Albert J. Krupski, Vice President J Board of Town Trustees Town Hall 53095 Main Road ,Southold, New York 11971 �yUTHO L TOWN oFDear Mr. Krupski: T am in 'receipt of your letter dated November 3, 1993. I am also hopeful that you have become accurately apprised of this situation and its convoluted details. perhaps now we can move to resolve this issue. Allow� me to -present the problem .as I perceive it. All Gull Pond mooring lot .owners realize that their,•pxoperty is:-on an arc. Each of us .should be able .to enjoy not only ,the twenty feet of,bulkhead frontage but a similar distance across the back water end of the mooring a.rea. . If that distance is 18',- 17 .ar:::.6 *.feet,_;- so be it, for one and all! So herein lies the problem. No one really knows where the apex: of -the arc is... To resolve this situation, Mr. McGough hired a surveyor to protect his interests. His .surveyor"'s findings differed from that of Mr. •Geideman who is. a surveyor, an owner and also representing the interest of Mr. Israel. Be advised that an on site meeting was held with Mr. Roberto' Barbosa of the Army Corp. of Engineers and interested mooring lot- owners on this very issue. The outcome was that Mr. Geiderman and Mr. McGough's surveyor were to ,determine a mutually agreeable aperture for each of us. Once this was accomplished all of the floating docks could be accurately positioned. . That meeting was over a year ago with no formal or informal proposed ren+derifig coming forth thus far. I too- am anxious to demonstrate my. willingness to cooperate with the Southold Board and my neighbors to resolve this matter in a timely and harmonious fashion. m=. Very y y ur , Rat Gr: ndinetti . e J' TRUSTEES - SUPERVISOR John M.Bredemeyer, III, Presidency" ' ' SCOTT L.HARRIS Albert J. Krupski, Jr.,Vice President Henry P.,Smith Town Hall John B. Tuthill 53095 Main Road William G. Albertson P.O. Box 1179 Telephone (516) 765-1892 Southold,New York 11971 Fax(516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD � 8 (0i November- 3 , 1993 � _ I Pauline Israel P.O. Box 801 1 Greenport NY 11944 Dear Ms. Israel, Recently we.became aware of a problem with the docking situation at Gull Pond. The current configuration of docks doesn't conform to permits granted and. is a potentially dangerous situation. The Southold Town Board of Trustees are requiring all involved parties to conform to their permits (in regard to dock size and location) and to work with this board and their neighbors to resolve this problem. Thank you for your cooperation. Very truly yours, 1 / -az4 0 " Albert J. Krupski Vice-President, Board of Trustees AJK/djh cc. J. Geiderman G Mc Gough R, Gardinetti J. Rosenthal Po TRUSTEES SUPERVISOR John M. Bredemey�er, 111,,President S ' T -.IiA �iS Alt�ert J. Krupski, Jr.,—1ce President Henry R Smith �I Jahn B. Tutititl 539 d , William G. Aioerison -P.O., 1179 Sonthoid,New.Fork 11971- Telephone (516) 765-189 Fax(516) 76519�3 „WOAD OF TOWN TRUSTEES TOWN OF SOU MOLD jujy 16: 3.99.E r 0, Sc 1'�rs•. �Srael � n I. ,,, x m, •1�2 ospyµµ..� ./p ';,}] est. Road ' i .. , A O O Yo Greenport, N" 1194 I x 1 nY Re: SGTI%l '# 1000-35-7-4 Dear Mr, & Mrs. israele Subsequent to the Southold ToTiAm Trustees approving permit number 35-7--4 on October 4, 1991 for John Geideman on ;behalf of Pauline Israel a representative of this office, myself, met with you and Irak. Geideman onsite of your proposed dock and again reviewed your playas. As the. maps. of John Geideman, L.S. and Roderick 'fan Tuy1, L.S. I saw are sufficiently accurate as to the plot lines and were the basis for the Trustee d.etermiriation in this matter, I see no reason, for you to forestall the construction of your dock an your property. Our primary interests of wetland *protecw�Qn and safe navigation have clearly been met during oar "review and approval of your application. Very truly y ours, Johna. Breder:yer, SII President, 'Board of Trustees_ Ja�B. �djh a FATTEN MUCHIN & ZAVIS CHICAGO, IL 40 BROAD STREET • SUITE 2000 TELEPHONE IRVINE,CA (212)612-9500 LOS ANGELES,CA NEW YORK, NEW YORK 10004-2382 TELECOPIER MADISON,W1 (212)425-0266 MIAMI, FL WASHINGTON, D.C. PLEASE RESPOND TO WRITER'S DIRECT DIAL NUMBER New York (212) 612-9529 April 27 1992 W Mr. Jahn Bredemeyer Southold Town Board of Trustees _ 53095 Mai n Read Southold, New York 11971 µ, Re: Permit to Construct Dock Granted to Ms. Pauline Israel, Lot 23, Cleaves Point Property Owners s ciation qM11 Pond Dear Mr. Bredemeyer: We understand that a permit to construct a dock at the above-captioned 'location was issued last October, subject to DEC and Corps of Engineers approval. Please be advised that the Israels' neighbor, Mr. George McGough, is currently trying to resolve major issues with Mr. and Mrs. Israel concerning the siting of their dock. I have been retained by Mr. and Mrs. McGough to assist in the negotiations among the Corps of Engineers, Mr. and Mrs. Israel and Mr. and Mrs. McGough. Early drafts of the plan for the Israel dock would have rendered Mr. McGough's dock useless, and we are working to attain a satisfactory solution to this problem. Mr. Matthew Crane of the Port Jefferson surveying firm of Hawkins Webb & Jaeger is preparing an accurate surrey to assist in these proceedings. I do not know whether Southold's procedures call for a reissuance of the permit in a case such as this, so I will inform you when the current dispute is resolved. You can reach me at the above address and telephone number if you have any questions. Thank you very much, "fiery truly yours, Thomas F. Berner A LAW PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS TRUSTS � SCOTT L. HARRIS ' Supervisor John M. Bredomey , .Preside i^ " Remy F. Srnith, Vice president u r" m ��` W. w»�` Town Hail, 53095 Main Road Albert J. KmPsld,J.r. .. .O_ Box 1179 John L. Bednoski,k , New York 11971 John B. Tuthill BOARD-.OF_.° OWN TRU (516) 765-1823 4 : � , . F S&�OLD (5I6)765-1800 Telephone (516) 765-1892 O Nk9 fir ffu 111 APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES,, TOWN OF SOUTHOLD, SUFFOLK" COUNTY, NEW YORK, FOR THE ISSUANCE OF A PERMIT PURSUANT- TO THE LAWS, ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS, FLOOD PLAINS AND DRAINAGE AREAS OF SOUTHOLD" TOWN, AND THE ISSUANCE OF PERMITS PURSUANT TO CHAPTER 32 OF THE CODE OF THE TOWN OF SOUTHOLD.. APPLICATION NO. ��"7•` `/ DATE APPLICANT'S NAME: * TEL. NO. /A 72.— Q S'0 MAILING ADDRESS• Z5" AGENT: TEL NO. V77— 2 AGENT ADDRESS: 136X W"& '— ✓ PERMIT REQUESTED TO: G X,20 LOCATION OF PROPERTY FOR REQUESTED PERMIT: 74 JC' g,4 re Alb's /"/ r_ Q c'�''°"`r""G7 // A G 3 TOWN: /r TAX MAP NO: 1000— CREEK. 000—CREEK. BAY OR HARBOR FRONTING PROPERTY: f/� � SIZE OF PROPOSED WORK: LENG`: i- TVXe �a WIDTH: RFFNPOR'r 5,20/-Aold t+ r PC No rl fill .J, AQ' &v� l r/a7 IY.•,�� -� r} � -r M.14 W. pry b.;t.. E.a t 7 ' r '. . to, LUT IZS f lands OT Z AVZ 1 r�'ti /Jr'-'1�1xed .DockRs ty MU h D�41f}i T.i L r' � ; '_M L Lr1^%� �: t � Scale ;..? CI Sou fi- ,J• ��a�°rc'�rn�n `� -- ',7"t t� t" U r"om loo fmom's M/4z Z4 f?o. Sox 4/ - - � �; an s frac f - 4'x /.5' LValk'- 3'x/o' PConp , //f 3ff - _ Gr X ,Zv, Ajoai' on a /0,)(20. t''-_ o-ft rJj'7!;� -P, ZSridlol- 7-45 i9sp -R y Ales oWnef 1?44 Coo 0 / d 0/7 a � LO, / r o 1'7'- orrey Nis I 2�? ' 11474 , r SCAL£: f r'' -zo l APPROVED BY- f' " ` f Atm BY 1 DATE: - ,�. GEIDE �ll/lAN --y 5/dY .z 7,=w 4z z H' - - 301C o"lle Co Tax dep-Si9nolAw Ro. 80>C 414. 1000 --�) 5 7- , tl i0>1 L.?r u7c lzAcrr era iW DRAWING O N MB 9�`7g811trEPObT 12,18-01 . w TRUS'T'EES +�� . SUPERVISOR John M.Bredemeyer, III, President 4" SCOTT L.HARRIS Albert I. Krupski, Jr.,Vice President Henry R.Smith � Town Hall John B. Tuthill � 53095 Main Road William G. Albertson " Q� P.O. Box 1179 j. . Southold,New York 11971 Telephone (516) 765-1892 Fax(516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD November- 3 . 1993 Pauline Israel P.O: Box 801 Greenport NY 11944 i t Dear Ms. .Israel, Recently we.became aware of a problem with the docking situation at Gull Pond. The current configuration of docks doesn't conform to permits granted and is ,a potentially dangerous situation. The Southold Town Board of Trustees are requiring all involved parties to conform to their permits (in regard to dock size and location) and to work with this board and their neighbors to resolve this problem. Thank you for your cooperation. Very truly yours, (21` Albert J. Krupski Vice-President, Board of Trustees cc. J. Geiderman G Mc Gough R. Gardin.etti J. Rosenthal x WT -11941 ,. �" � e � � �� , •+row � w'^r�""w+wpw�+"',' �, '"""�'"��"� � ""` a'"'�"� '^'��' � x '. w ..�. 001 . .a ®f South rusteeard aa"I SOUTHOLD NEW YORK 0 a , pEllv1lT Q. qDATE. . 1 ap r w Robe.r, t Cooper ISSUED T " P Pursuant to the rovisions„of. Chapter oiS'o the Lawns oaf the State cif NJevw York, pIB§3;",and �wapte r �4 4 of the�LLLav�+s' of46 z �X � Southold Town Ordina � a'r , .� State of Iewr York N 952 ,and the South Ordinance en tined "" tEOULaTINO AND THE PLACING OF OBSTRUCTIONS," N fit+ IN AND, ON TOWNS WATERS AND PUBLIC LANDS and tlwe '�" a w REMOVAL P SAND, RAV1 L OR OTH0 MATERIALS,FROM �� LANDS UDDER TOWN I ,WATERS and in a000rdance with the e �'une 5,. m; Resolution of The Board-adopted .at a Meetingheld on .„ _ ^ n ? i9,72,.., awed in 'consideration of the swam of 4 �: paid by., � ... ....... Rob.er t. R` wit Mari o ..0 and sub"eof to the: a :Ea .." ... �N. Y. a ” oop of I `Ierrns; a;rd Corndntions lasted on the reverse " swde . .hereof,." , of Southold Towyn 't ustees authorizes wn w i a r and permits the�follow i ay build a dock 40 ft. by 6 ft. at-Gull Pand, off q iP of,: .0psrey .Nest Road; East Marion Nernr. ork k I a re entedrr� . eoI ;* a all ire` accordance with the dofailed sp froations as,p s the o nnnating a' loatlon. ' J WITNESS-WHEREOF, The said Board of T, % s A IN es here, a �g or porate"Seal t` � be, affixed, a.nd f e resents b auss its.C R p d be sulrsorIed k .a rnapority of the said Board.as of"thos' drtaa Z Al ell 4 .. c1 167,,( • 6� ? ✓ �" ti�;� �.. � ��wa- a r �ry ry, „�� r: �•�� "''u,':� � �u. � 1��,,'^�^- ��, �;;I.i• .^"�"P d a, +Ae`"�� Y , TERMS and CONDITIONS The Permittee t cooper . ° - Robert residing at Nest Road East-Marion the Permit does d iescnbe.N ° P� of. the, consideration for the issuance ofunderstand.an p to the of - lowing: 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.°o£ any any.. .performed pursuant to this pent, 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 fi.W liability'' F. u p thoid with res �ect thereto''toxo the complete,exclusion of the Board of Trustees of the Town of So " 2. That this Permit is, valid fora p eriod of ► �ed rto be e l_ mos. estimated time -required to complete the work involved but shouldcircumstances warrant, request for an extension ma be`made to the Board at a la ate. y r ter d ° S 'haat this tamed indefinitely, or as lox the said e�"ee wishes, Permit should be re� l", g �to naemraita die, ncuxe y tbat ath " or protect involved, to provide ewsdence to anyone cotxcerned x orization was originally obta3ned. That the work involved will be subject to the ins "on and ap roval of'_thee. Board, or ' 4. Th t P ats agents, and non-compliance �vith,'the provisioid Board.oxiginat�ng applacattc±rt,. �y r_ o revocarTon of this Permit by resolution, of the said 5. ' mat tbere will be..no unreasonable interference with .navigatwn as,a result of the work herein authorized.. G. °That there shall be no interference,with the right of the ubhc to ass ° - g P and- re' ass aloe the beach between high and low water marks. ° That if £ .. , val ari 7, uture oper of the°Town, or'if in oche o " � of°�the o]Boa*d of Tete tions attons , �e in the location o£U.the, work her authorized, r" work shall° cause unreasonable obstruction to free navigation, the'said Permittee will lace r . " upon due iaotice to reknove or alter this work or-project herein stated„widsoui expenses-to the Town-,,:",.of Southold That the said-.Board will be notified by the Permittee of.the completion°of the work auth tteewill obtain,all. suP- nsents that ma be r lured 9.: :.That the Permit p: oke u n y other permits and co l failure, elemental xo �this' peraat ,which may be rev po � same. . , subject to obtain ° , , ' BOAR ,OF' SQUTHObD ,.T TRUSTEES :TOS °ORK' S OFFICE . SOUTHOLD � 11971 � ° � ,NOTICE .OF BOARD ACTION . , � �NEW* YORK Os re Nest Road° East Mri'on N w r . 1 � �hBoard application, Number- 723 has re� ee �b t a regular meeaiheld un _ 7� a ,p P " afnd- the." followin act" n was to ° g kn ° s�eon "ranRoadtoonuGull °Pond,. Green ort,M Ne p rmi g t . a dock 40 ft. long by,' � ft wide all, Qp y. Nest p York our application was 2:':.. If. Y. PP approved,' a Permit Fee .i ow dui, ani odT ownTrusteesP payable tothe order of,. the Board of South * and' is, computed as follows : 1 Form ,°A/1-'--°,(application) .. 1 in mam F1 i`ng ' . boat) Form A/3-- (bulkhead) Form A -- to' moa a Form A/47- (docks} , 4.00 For . ° Form A 5 - d- red ing/fit ling) OtherCharges : . r 7 P Tota l ermit. Fee , ° . d on.If . thisTotal Perm'it Fee �s PaiinParsthe Permit° s ° , the same time; if Paid by ° aal, the'. e Permit",:` obtainable at- vill be mailed Remarks t „ 3 Commen t and , � a ,r. a ° Signed: a A " , airm wn' trustees", d by ° r ° 'Secretary � r Form A/I BQARDOF SC THOLD TOWN TRUSTEES ADWN'CLR'S"'OFFICE � S 1bTAOLD, "NEW YORK 11971 APPLICATION FOR A, PERkIT " w 1, A l,laa,6tls, Name. + r Address-,/ err mre tRae following urras - C�9' "k" tuna.. as „ �p,�a, , O," " Q"111P igtm AJC vµ „ CONSTRUCT A DOCK, Form A/4. AND FILL �^ �� „�`ar��n cD A/5 " OTHERU OSES--- ate aria,,_ cri d S..' Naine and Address',of oaratsr m r r site ^ mate aaazri� aG� eet►t bwr ✓' ' Maximum,nuftiber of mont s re uir as .complete, 5. sia ^DOT, WITHIN FtLS a$ a marks iiataµ thaw Srpaer Ooe Z iAq 1% a tt�i� prsa��awt� and 'attach retry � � Etaar�l� thei, a "l a.�cata` .: : �Za.s"m�aP as„ far " 4�ai List lssloir a3.1.0 Other asrms aar douments fou are,atta ging s. r �. .e ,�r�r''�',✓ ter , , �,.�"-.✓;�"?.� � " ot napatxn,'" su bmit''th t ' the i ar a strue the best of hre ' m k .ia lea 4e',and bell. t,.„L.;am'the person aqcoilntabl ,;fear. the �performan e' a the work in accordance tri. fi"t the pla s,"an sped i- . at iss a,tµt d, L ave ad or a :"f'amiliar with the,,f hold �"�,.Qr 3,na pila,rt�.nent ,teat "war i ,vo ed,,- a:rid ,�inten6 to adl�rs final, bi •lrlr tae 'Teams",and„ onditlarns oaf ,'tta "Permitw•w n`. . " ,S. " $ pPl rata tsn ' mtaaarnt 4 Fee ,'Fearara A�r''l $,5,.�DDi aaiaaaum i s or / BOARD OF,SOUTHOLD TOM TRUSTEES a DIK WC bR� 'OFFICE - .. S�bl3�lQle�t,w � YORK 119�"1 , RC1 BUILD A k�TJ➢GKE� * w yr JETTY l.° ,°Does ' Iii ,project ir' olv the use of WETLANDS, as d4f ined •an he,, " ' :tl ands rdin no) : your, application anoeya,ar should be, tiled "thfouO'.the. Southold Town Clerk. ` Is :thee pro ectedwork entirel,y within the boundaries of your urn „property s substantiated, b� used or Survey?. ��' dyes or no, if ,so, a Permit .is',not required from this Board°but."the Tow,t u Building, Inspector should be c r ticte d State orie ly the reasonYior this work;�� .. " j.. 4. :"Wilt' this' work,involve the filling of any ,land beyond, the Mean... High Water Mark,y, or the dredging of ^ 'own Lan&;.'under 'ate ? dyes"or no I� , s .`: iorm / 'must also,be .completed, and ettaoh�ed as'�par.t� of., this applicatiori�' •� p and byProvidems:ans oioycur oru andiagram s 'al etherer. property' , ei Copy ed En ineer s Su y'" drawn to scale ors, show tapecontemplate,d world in relation to *our .owsa ,premises, mean, high ° . tomark, and: ,the 'ad a'cent.body. o •.^w ater. S ' rovi4ii a .copy of the plans or drawings which will be .supplied to " work.' ° � , ",• " � ,, m ,. .. . min ,.the � the contractor erfoaw p eyond any t'heoretical- Do, s..t6se, roject exctend into To raters l� boundary lane torsrwed°b e 'is ting s trixcturea o E a sa msr nature „ :or nod If , mo it t '.(yes, so aproi tel how much in r rows thote right e j S e es + application, elarer thea pail qu t n app j, be no intdi re�ncO ght o the public.'trs"pass and repass along hebeach- teen 'high.,and �.ow .water`marks � a g o�utation 'o 'ed: ��w�dor�-use "�i� tha"�Boad� length.:oat° constr ,ctxap 'beyrn T , ,tel g4l per o �° amount ?ot l*ea leo sn A „ Form A/I. { BOARD GFSOUTH TOWN CLERWS, 'OFFICE y CONSTRUCTING A DOCK SOUTHOLD, NEW ORX,'- 11911 , I ''Does this pare t use of WETLhNDS..aadefined in the s Wetlands Ordinaance (yes or, nay) . It say, your,.application s ° al pu be 'tiled'throu+ h the Southold,Town 9 a ll the work require'' the f'illin cf any land beyond �tean High �4 watery t isle "tar the dredging of ,any--Tow bands under,water? �( e' tar nor)',' spa, Form A,rJ5 must' als r-be completed a and att t~hed as' part.of this application. ur , ,Bta,febriefly the intended. use for this stx"ucture ✓'�a °�' � ' aAl� Will' an cartion oft is 'constiuction hea d• into Town',Waters 94 a kuY ° ` axisngboybnd ae r'eetical boundarformed by other, idocry r gym. " i i lr, sfru turesi (yes or" no).. i r so, by haw muciw-Lc- ii , f ; r " � ury r'c yOut property �rovia copy,of, a fjjp4pnsed Eng4neexs °aid Eby rmeansot',yo r. wra dLagram drawvn t cala�theraon, show pyo tta natuare`of ,the woar% to .k�e°time ,iia elation to,your own ,premises, 9 en �7 ... h1 ,ad 21C� T" er. meter. aaaark° and, the t body,o t py oi= the p 9 11 be supplied ., prpyl co lens o drawa.ra s h nt a t rr., eir o ming the work ;w I declare there wall` r 7, In r gr es napprove.l of this application, a ase ? 4 antirece„vaith the. right o f o the .publicpasa and ` repass alo'n' flee'beach between,high and lbw water marks, t •VW SNC XQ omputtirn of °+ee: (fouse Of ire �0ar� " . b Area o °the. 6onstructi�ara beyond �»W "C�.`t � rate of l0- peer, s ' fit. plr 1.,O per piling for su slemirital RI Aa ouxrt of Fee `oran po 51 y M�rwu!',. s ,. r , w„y ., , ,ry , ."x a '°;ti . . ..e. ,..; ., W w "!• :�„ x h 1 i f N S NN u a „ ^�v r xJ • �w,.,.y-.,a.e'wwlwM'w�'+w�w�"4"auk-mrerm-r.^aa�x^^-.:emrn^'6YI,�i T--.•mm�mu�^a+Tuv r� r �` ter, Qfk ? $ lid 4 � Ich r z lrt' 3 � e jt xt Kid. t w € TI ,V.A k= - 1\�� \♦ '_ �5� - � it=s �._' �f' r�vy� �a 1r �= ��_ a CY Y- cl - . UNAUMMU10AUKAVONO � - t -7r '�_�' aC.a yr. wrxTFL copal or m 5u*tkT ASAP NOT tbktM w j', - _ - " L a i.• .l a,L: THE LhAG'SLf,,- tFPs'SFFt_:D SEAL Olt FEcsgS54s.0 STA€5HAU N*T E#MtZID D . _ t - •.,+'- ,• - ,- - GTIARANTTT£MMtCATTTt R-01 SuAlkt Guw, [ � TFTTt'[4At AF€. vanvawAuL a s lTa, TT7 Ttm AS5E .T3 OF TK iTx'N-0 'T± TSi71T CiJA#,it77TT5 APA NOt T FFFAJU- T� TDt;AL U457,a ETFC3Fffi i sa to tL A''a€ �.I f Cantrell, Elizabeth From: Patricia C. Moore <Pcmoore@mooreattys.com> Sent: Monday,June 5, 2023 1:47 PM To: Cantrell, Elizabeth Cc: Betsy Perkins; Kylee DeFrese Subject: Re: Ferrara; SCTM#35-7-1 HI Elizabeth- yes, please add it to the calendar. We have prepared plans for Mr. Cooper to replace his dock which is presently incorrectly located on his property and gave them to his attorney. Unfortunately his attorney has not responded to our offer. Pat Patricia C. Moore, Esq. PLEASE BE SURE TO COPY MY ASSISTANTS he(s+v�az'_anoor otivsxom and kv1ee4i)mr ooreat1vs,coW r . .. ----.- -- Mailing & Physical Address: Moore Law Offices 51020 Main Road William D. Moore, Esq. Southold NY 11971 631.765.4663 Fax Number: Patricia C. Moore, Esq. 631.765.4643 631.765.4330 www.mooreatt s,corn On Mon, Jun 5, 2023 at 8:41 AM Cantrell, Elizabeth< lizabetbc(ci�tow l.southold.n ,us>wrote: Good Morning, Please advise by end of day today whether this application will be opened at our June 14a'public hearings so that it can be added to the field inspection agenda or that the application is being formally withdrawn as it has exceeded Town Code Ch. 275-8G. Senior Office Assistant Town of Southold Board of Trustees Office: 631-765-1892 Email eIizabedidiks �iitholdtownnN� .eov 1 Cantrell, Elizabeth From: Cantrell, Elizabeth Sent: Thursday, May 11, 2023 10:41 AM To: 'Patricia C. Moore'; DiSalvo, Diane Cc: Betsy Perkins; Kylee DeFrese;Joseph Ferrara; Costello Marine Contracting Corp. Subject: RE: Ferrara dock application Pat, This application will be scheduled for the June 14, 2023 public hearings. Please be advised that if this application is not re-opened during the June 14 public hearings the application will be considered withdrawn, and as per Ch. 275-8G. Tabled Applications. If an applicant tables an application for any reason, it will be considered withdrawn if it does not go to public hearing within four months of the time it was tabled. After such time the applicant will have to reapply for a permit. Senior 0ffice Assistatat ]!own of Southotd Board cif Fru;see Office631-765-1892 EnmdL e: .iza[)etli.�-@sou[tfl.ion.dtowrii-ayr. (:)v From: Patricia C. Moore <pcmoore@mooreattys.com> Sent:Thursday, May 11, 2023 10:05 AM To: DiSalvo, Diane<diane.disalvo@town.southold.ny.us>; Cantrell, Elizabeth <elizabethc@town.southold.ny.us> Cc: Betsy Perkins<Betsy@mooreattys.com>; Kylee DeFrese<kylee@mooreattys.com>;Joseph Ferrara <jferrara@ferraramfg.com>; Costello Marine Contracting Corp. <office@costellomarine.com> Subject: Ferrara dock application Dear Diane or Elizabeth: Please advise the Board that my client has been calling Mr. Cooper regularly and leaving messages for Mr. Cooper. We would prefer to have the property owners address the encroaching dock directly with each other. My client obtained a hydrographic survey of the area, including the Cooper waterfront. This information will be submitted to the Board and we hope with a resolution between the owners to submit to the Board for their consideration. We would ask for one last adjournment. We would ask that our application be on the June calendar. Thank you for your courtesy. Pat Patricia C. Moore, Esq. PLEASE BE SURE TO COPY MY ASSISTANTS B� q� 'i�,fii )rt,aswg.m-c)&ti,andPyrh Mailing & Physical Address: Moore Law Offices 51020 Main Road William D. Moore, Esq. Southold NY 11971 631.765.4663 Fax Number: Patricia C. Moore, Esq. 631.765.4643 631.765.4330 www.mooreattys.com 1 DiSalvo, Diane From: Patricia C. Moore <pcmoore@mooreattys.com> Sent: Monday, February 13, 2023 2:11 PM To: Cantrell, Elizabeth; DiSalvo, Diane Cc: Betsy Perkins; Eric Bressler;Joseph Ferrara; Costello Marine Contracting Corp. Subject: Ferrera Dock Application The hydro test was just completed. It is my understanding that the applicant will be reviewing the recently completed hydrosurvey with Mr. Cooper. Please postpone the continuation of the hearing set for February 15th. Thank you Pat Patricia C. Moore, Esq. PLEASE BE SURE TO COPY MY ASSISTANTS a Y rwa ,ra t o„z sva,and 'mm .................. - Mailing & Physical Address: Moore Law Offices 51020 Main Road William D. Moore, Esq. Southold NY 11971 631.765.4663 Fax Number: Patricia C. Moore, Esq. 631.765.4643 631.765.4330 www.mooreattys.com ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 DiSalvo, Diane From: Patricia C. Moore <pcmoore@mooreattys.com> Sent: Wednesday,January 11, 2023 11:19 AM To: DiSalvo, Diane; Cantrell, Elizabeth Cc: Betsy Perkins;Jaimie; Kylee DeFrese;Joseph Ferrara; Costello Marine Contracting Corp.; Eric Bressler Subject: Ferrara Dock application Dear Diane and Elizabeth. Thank the Board for confirming our staking of the dock. My client and Mr. Cooper,through his attorney,continues to communicate regarding the proposed application. An underwater survey of the water depths in front of the Cooper property is being prepared and we would request that the application be postponed while we await this information. Thank you Pat Patricia C. Moore, Esq. PLEASE BE SURE TO COPY MY ASSISTANTS �a tsy ura � utt c,a,w ro j.�w�nin@�^b aa+� Attys,,xxq,u,andC�yBs— . -... m... -- Mailing & Physical Address: Moore Law Offices 51020 Main Road William D. Moore, Esq. Southold NY 11971 631.765.4663 Fax Number: Patricia C. Moore, Esq. 631.765.4643 631.765.4330 www.mooreAtty5.com .com ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 Cantrell, Elizabeth From: Patricia C. Moore <pcmoore@mooreattys.com> Sent: Monday, December 12, 2022 1:18 PM To: Cantrell, Elizabeth Cc: Betsy at Moore Law Offices;Jaimie @ Pat Moore's Office oaimie@mooreattys.com); kylee@ moo reattys.co m; Costello Marine Contracting Corp.;Joseph Ferrara Subject: Re: Ferrara application Attachments: offer to Bressler-Cooper.doc HI Elizabeth: we decided to adjourn the December meeting. see attached letter. Pat Patricia C. Moore, Esq. PLEASE BE SURE TO COPY MY ASSISTANTS l��l��r��r�ar��ra^at&w.y.�r�vu�,"�a�arn�e�iz�a��a�uw�•r�4t'�.�mnrm,and kro&aa rxiaa��ra��.��r�rM� ....... Mailing & Physical Address: Moore Law Offices 51020 Main Road William D. Moore, Esq. Southold NY 11971 631.765.4663 Fax Number: Patricia C. Moore, Esq. 631.765.4643 631.765.4330 www.mooreattys.com On Mon, Dec 12, 2022 at 11:17 AM Cantrell, Elizabeth< lizabet� ltown southoldwrote: Good Morning Pat, Please advise by 1:OOPM today whether you are requesting the Ferrara application be heard at December's public hearings. If I do not hear from you ,the application will not be scheduled for December's public hearings. Senior Office Assistant: Town of Southold Board of Trustees Office. 631-765-1892 Email: elizaketlac()soutl-oldtcaa�t�� i From: Patricia C. Moore <t)cmoore@moore ttvs.com> Sent:Tuesday, December 6, 2022 4:44 PM To:Cantrell, Elizabeth <elizabethc town.southold.n)Lus> Cc: Betsy at Moore Law Offices<l etsu@mooreattys.rom>;Jaimie @ Pat Moore's Office('aimie mooreatt s.com) <iaimie@mooreatt s.co >; kylee@mcoreattys comm; Costello Marine Contracting Corp. <office @costellomarine.com>; Joseph Ferrara<iferrara ferrarmf .com> Subject: Re: Ferrara application HI Elizabeth: I just returned to the office. At this point I believe we will want to reopen the hearing because the dock was staked and Jack Costello will be available. Unfortunately Jack was not available at the last meeting. We will be communicating with Cooper's lawyer and depending on the communication, we may need to postpone. I do not know for sure yet. I will let you know. Pat Patricia C. Moore, Esq. PLEASE BE SURE TO COPY MY ASSISTANTS Cw r�arK ewr a r� � aarra,p r!naiuu"n�axabw uw�ar.ar��wnr,and k0eg4i4gg0rezrW°sxoni ................. Mailing & Physical Address: Moore Law Offices 51020 Main Road William D. Moore, Esq. Southold NY 11971 631.765.4663 Fax Number: Patricia C. Moore, Esq. 631.765.4643 631.765.4330 www.mooreattys.co On Tue, Dec 6, 2022 at 1:15 PM Cantrell, Elizabeth<eliaabethca o t�., ggfliol .ny.0 wrote: Pat, Regarding the Ferrara dock application, are you going to want this application re-opened during the December 14, 2022 public hearings? 2 10' 7 1�,%v6iczxz Senior Office Assistant Town of Southold Board of Trustees Office: 631-765-1892 Email: eliz,abetl'ic@sotitholdtowtii)�L.go—N, 3 PATRICIA C. MOORS Attorney at Law 51020 Main Road D E C 12 2022 Southold,New York 11971 �outholt T n Tel: (631) 765-4330 Baaar+dr1`'P'ruat+ � Fax: (631) 765-4643 December 12, 2022 By email Eric Bressler, Esq. Wickham, Bresseler& Geasa, P.C. 13015 Main Road, P.O. Box 1424 Mattituck,NY 11952 Re Ferrara Trustees Permit Premises: 135 Osprey Nest Road, Greenport Dear Mr. Bressler: My client has asked me to extend the offer to pay Mr. Cooper $10,000 towards the repair and/or replacement of Mr. Cooper's dock in such a manner as to address the current conditions. We are working on design alternatives to present to you and Mr. Cooper. We believe that a meeting together at the site would be beneficial to all the parties. We have adjourned the December Trustees meeting to provide the additional time to accomplish the above. Very truly yours, Patricia C. Moore PCM/bp Encls. DD CEIVE PATRICIA C. MOORS G Attorney at Law DEC — 1 2022 51020 Main Road Southold,New York 11971 Sw tlwld Town Tel: (631)765-4330 L amrd°fr"''-f— Fax: (631) 765-4643 December 1, 2022 Board of Trustees Town of Southold PO Box 1179 Southold NY 11971 hand delivered RE: FERRARA PERMIT DOCK AT 185 OSPREY NEST ROAD, GREENPORT Dear President Goldsmith and Board: Enclosed please find three photographs depicting the staked location of the proposed dock on the Ferrara property. Very truly yours, 94i'Lciw Gv.ch" Patricia C. Moore PCM/kd Ends. 11130122,3: E C E Ferrara,Joseph 1,1129 2022.jpg D - ?022 � "• :. 4 mr— L f - -- https://mail.google.com/maiVu/0/?ogbl#inbox/WhctKKXpMVkGfGzlGrvWDCvdPgSXSVpJLPQGzhTdkSQctKMgtsFWXBhQcGFJTgzgZWlmNCq?projec... 1/1 11/30/22,3:04 PM Ferrara,Joseph 2,11 29 2022.jpg 4 r � '� •�. �,a r r r ,.. DEC - 1 2022 t � w r Southold Town w r S and of Trusteou r" 411 f f - r .f vow—, htips:ltmail.goWle.com/mall/u10/?ogbl#inboxiWhctKKXpMVkGfG2JGrvWDCvdPgSXSVpJLPQGzhTdkSoctxMgtsFWXBhQcGFJTgzgZWImNCq?projec... 1/1 11/30/22,3:05 PM Ferrara,Joseph 3,11 29 2022.jpg j. Y t� r- r 1- Y Southold To . oard nf, httpa://mail.google.com/malllu/0/?ogbl#inbox/WhctKKXpMVkGfG7AGrvWDCvdPgSXSVpJLPQGzhTdkSQctxMgtsFWXBhQcGFJTgzgZWImNCq?projec... 1/1 Patricia C. Moore Attorney at Law EC E I If ED 51020 Main Road u Southold,New York 11971 Tel: (631)765-4330 [Nov 1 6 2022 Fax: (631)765-4643 November 16, 2022 Id Town am of Tmate" BY HAND Southold Town Board of Trustees Town Hall Annex Southold,NY 11971 Re: Applicant: Joseph and Carolyn Ferrara Property: Cleaves Point Lot#20/ SCTM# 1000-35-7-1 [Lot#20 on filed map] Project: Fixed dock 3 ft. x 36 ft. Dear Town Trustees: I am the attorney for Joseph and Carolyn Ferrara("Ferrara") who are the owners of the above-described property located on Gull Pond. This letter is submitted in further support of the application for the installation of a fixed dock measuring 3 feet in width and 36 feet in length. The Law Ferrara, as the owner of waterfront property' enjoys the right of reasonable, safe, and convenient access to navigable water including the right to make this access a practical reality by building a pier or dock from their frontage. Errico v. Weinstei X25 Misc.3d 1224(A) 901 NYS2d 906 (Sup. Ct.Nassau County 2009)2 The right of reasonable access"is not absolute"and must be balanced against the competing rights of the other affected parties. In order to balance those rights, each individual landowner's right of direct access must be considered together with the right of direct access enjoyed by the neighboring owners, none of which should be unfairly encroached upon. Id. quoting Muarca v. Meyerowitz, 11 Misc. 3d 1061 (Sup. Ct. 2006) 'Ferraras are the owners of an upland parcel and underwater land described in a deed recorded in the Office of the Suffolk County Clerk at Liber D00013020 Page 501. A copy is attached as Exhibit A. 2 Citing Town of Oyster Bay v. Commander Oil Corp., 96 N.Y.2d 566, 734 N.Y.S.2d 108, 759 N.E.2d 1233 [C.A.2001]; Adirondack League Club v. Sierra Club, 92 N.Y.2d 591, 684 N.Y.S.2d 168, 706 N.E.2d 1192 [C.A.1998]; Town of Hempstead v. Oceanside Yacht Harbor, Inc., 38 A.D.2d 263, 328 N.Y.S.2d 894, affd, 32 N.Y.2d 859, 346 N.Y.S.2d 529, 299 N.E.2d 895 [C . A.1973]; Mascolo v. Romaz Properties, Ltd., 28 A.D.3d 617, 813 N.Y.S.2d 765 [2nd Dept.2006]; Bravo v. Terstiege, 196 A.D.2d 473, 601 N.Y.S.2d 129 [2nd Dept.19931; Muraca v. Meyerowitz 11 Misc.3d 1061A, 816 N.Y.S.2d 697 [Supreme Nassau Co.20061 Patricia C. Moore E C E I V E Attorney at Law November 16, 2022 RNOV 1 6 2022 Re: Southold Town Trustees/Ferrara Southold Town Board of Trustees The Southold Trustees are obliged to consider the close proximity of the neighboring properties in this waterbody, and to provide clear identification of the riparian lines so that all parties are treated equally. Errico New York State has adopted regulations to govern the manner in which the riparian rights of neighboring properties should be established. These regulations which include the various methods for establishing these rights are set forth in 9 NYCRR§275.4 (copy attached as Exhibit B). A resolution of competing claims of neighboring properties should be based upon the application of one, all, or a combination of these surveying principles. 9 NYCRR §274.4 These different methodologies are used for varying geographic shoreline conditions [such as concave or convex shorelines relative to the adjoining waterbody, or closed waters such as lakes] All of these principles are governed by a basic sense of fair and equitable treatment of all the neighboring owners to ensure each owner's respective right of access to navigable water. The Facts/the Application The drawing prepared by Costello Marine Contracting Corp. (from a survey prepared by R.H. Fox, L.S. dated 11/03/05) of the proposed Ferrara dock is shown on the attached Exhibit C described as"Combined Surveys."' This survey shows the underwater land owned by Ferrara upon which the fixed dock can be located. It is important to note that the Ferrara proposed dock location was discussed with the owner of the dock to the east who has consented to the proposed location. The proposed location is at the far east side of the Ferrara underwater land thereby providing maximum separation from the neighboring owner [Cooper] to the west. Attached Exhibit F shows the location of the proposed dock. The neighboring owner to the west [Robert Cooper] has expressed opposition to the Ferrara proposed dock. In his submission dated November 14,2022, is included a photograph [referenced as Cooper's Exhibit B] which purports to indicate the location of Cooper's boat at the Cooper's dock. It appears that the placement of the boat on the east side of his dock trespasses and interferes with the riparian rights of Ferrara [including the rights associated with 3 Attached as Exhibit C-1 "Extended Property Line" and C-2 `Parallel Property Line" respectively are surveys showing the application of the various surveying principles which formed the basis of Exhibit C, the "Combined Surveys." Also attached as Exhibit D is the"Map of Mooring Lots 20-27, Map of Cleaves Point"prepared by Hawkins Webb Jaeger Assoc. PC dated 5-13-92 and Exhibit E a"Hydrographic Map"by Robert H. Fox,LS dated July 8, 2019 showing the Ferrara underwater land and the neighboring docks and floats to the east and west of the Ferrara property. Patricia C. Moore D EC Attorney at Law November 16, 2022 N O V 1 6 2022 Re: Southold Town Trustees/Ferrara Southold Town Board of Trustees Ferrara's ownership of the underwater landf Cooper's opposition to the Ferrara application goes so far as to declare that the Ferraras are precluded from exercising their riparian rights because the Cooper dock was "there first." This position is not supported by the law. In fact,the permit number 723 dated June 5, 1972 issued by the Town Trustees for the Cooper dock includes the following condition: "#7 . . . . [I]f, in the opinion of the Board of Trustees,the work [Cooper dock] shall cause an unreasonable obstruction to free navigation the said Permitee will be required,upon due notice, to remove or alter this work or project herein stated, without expenses to the Town of Southold." The Appellate Division Second Department in Kearns v. ThilheLg 76 AD3d 705 (2010) recognized that the underlying principle of fairness necessitates limitations on any one owners' exercise of his or her riparian rights stating: The riparian rights of an uplands owner are limited, however, to the waters in front of that owner's property and do not extend to the frontage of the adjoining parcel (see Schuss v. Palmisano 51 A.D.3d at 768 857 N.Y.S.2d 709, People ex rel. Gratwick v. Connors. of Land Office of State of New York 202 App.Div. 240 242 196 N.Y.S. 115, Hu enot Yacht Club v. UoLi,43 Misc.2d 141 250 N.Y.S.2d 548 . Moreover, an uplands owner does not acquire the right to use or access the water fronting a neighboring parcel simply because it may have been the first to build a dock along the lateral extension of the parties' shared property line into the water(see Muracay. Meyerowitz, 11 Misc.3d 1061[A],2006 WL 568324; Huguenot Yacht Club v.Lion 43 Misc.2d at 141 250 N.Y.S.2d 548• Fairchild v. Union Fegy Co. 121 Misc. 513 516 201 N.Y.S. 295. affd. 212 App.Div. 823,207 N.Y.S. 835,affd. 240 N.Y. 666, 148 N.E. 750 . Cooper's use of the east side of the Cooper dock violates the Ferrara's reasonable exercise of their riparian rights. The Ferrara application proposes a fixed dock on underwater lands owned by Ferrara in that portion of the Cleaves Point subdivision which was designed for the respective owners' use as a private marina. The Ferrara application can be approved as applied for. The Cooper dock can be used, at is has historically been used--with a boat tied up on the west side of the Cooper dock. The Ferrara application should be approved as submitted. Respectfully,su ed, y P4"", Moore PCM/wr. Encls. 4 Upon information and belief, Cooper only began using the east side of his dock to tie up a boat when the Ferrara application for a dock was submitted. D ECEOWE NOV 1 6 2022 Southold Tower Board of Trustees EXHIBIT A C IYE II IIIIIIIIIIIIIIIIIIIIIIIIIIII!1111 "°� ' 6 2022 11111111 IIII 11111 III SouthoW*bm era at e�. 1111111 IIIII lull IIII Ill! SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 07/19/2019 Number of Pages: 4 At: 02 :58:29 PM Receipt Number : 19-0134264 TRANSFER TAX NUMBER: 18-39053 LIBER: D00013020 PAGE: 501 District: Section: Block: Lot: 1000 035.00 07 .00 001 .000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $730,000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COE $5 .00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $125.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $400 .00 NO Transfer tax $2, 920.00 NO Comm.Pres $11, 600.00 NO Fees Paid $15,115.00 TRANSFER TAX NUMBER: 18-39053 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County I11 L_ T RECORDEDn C E I Number of pages 2019 Jul 19 02:58:29 PM LVJ ED )UDM R. PASCALE CLERK OF SUFFOLK COUNTY :NOV 1 6 2022This document will be public L D00013020 record.Please remove all P 501 Social Security Numbers DT# I8-39053 uthold Town prior to recording. Rnsani Of T�IJSfAe3 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/flung Fee 1 Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax .`P-584 Sub Total Spec./Assit. .Potation or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX i - °��, Dual Town Dual County R.P.T.S.A. bV - "°� Held forAppointment Comm.of Ed. S. Do- Transfer Tax Affidavit Mansion Tax rem ' The property covered by this mortgage Is CertifiedCapy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES orNO Other zz �• Grand Total_ J — If NO,see appropriate tax douse on page s[ of this Instrument, I E rc^ 4 Oist.1( 19022NS �� D 5 Community Preservation Fund Real Property f A Agency Consideration Amount$ R Tax Service 1E,JtJlrt9 Due Verification �—---�s-��t— -- ---J Im�iroved 6 Satlsfac[Ions/DischargeRs��e�ig0&R&TURN req yOwners Mailing Address R Vacant Land Forchelll Deegan&Terrana TD 333 Earle Ovington Boulevard Suite 1010 TD Uniondale,NY 11553 TD Mail to:Judith A.Pascale,Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name ASK Abstract,Inc. www.suffolkcountyny.gov/clerk Title ASK 19-4981 OR 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Deed made by: (SPECIFY TYPE OF INSTRUMENT) Geralyn Marasco,as Executor of the Last Will and Testameni The premises herein is situated in of ExzaWh Geyer alWa Elaebeth A.Geyer SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold Joseph Ferrara _ In the VILLAGE Carolyn Ferrera or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over 9 Ir pT S Doc ID: 19022065 R CWH A 18-JUL-19 Tax Maps ll District Secton Block Lot School District Sub Division Name 1000 03500 0600 035000 1000 03500 0700 001000 GREENPORT 0 W E a N O V 1 6 2022 Southold Town Board of Truster.. C� 0 r In C 4O r- 2 M .- Morm r � � wa +0 -0tt.JrM {'' N 4-- M nn v C � ao rrr. " 3 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the 24th day of.lune 2019 d E C E 0 V E BETWEEN GERALYN MARASCO 1� 50 STRATFORD ROAD N 0 V 1 6 2022 ROCKVILLE CENTRE,NEW YORK 11570 as executor of the last will and testament of Southold Town Estate of©Izabeth Geyer a/k/a Elizabeth A.Geyer , late of Board Of TIi11$tees nssau County deceased, party of the first part,and JOSEPH FERRARA AND CAROLYN FERRARA,�r S t fteladmi& 306 Nest b"3hint. App 80 , �wyCr<. Al I0Dti9 party of the second part. WITNESSETH,that the party of the first part,by virtue of the power and authority given in and by said last will and testament,and in consideration of($730.000.00)Seven Hundred Thirty Thousand and 001100 dollars, paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the patty of the second part forever, ALL that certain plot, piece or parcel of land,with the buildings and improvements thereon erected, situate, SEC: lying and being In the 035.00 SEE SCHEDULE"A"ATTACHED. BLOCK: 07.00 LOT: 001.000 TOGETHER with all right,title and interest,if any,of the party of the first part,in and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances,and also all the estate which the said decadent had at the time of decedent's death In said premises,and also the estate therein,which the party of the first part has or has power to convey or dispose of,whether individually, or by virtue of said will or otherwise;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby(he said premises have been encumbered in anyway whatever,except as aforesaid. AND the party of the first part, in compliance with Section 33 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the Improvement and will apply the same first to the payment of the cost of the Improvement before using any part of the total of the same for any other purpose. The ward 'party'shall be construed as if it read "parties'wtienever the sense of this indenture so requires. IN WITNESS WHEREOF;the party of the first part has duly executed this deed the day and year first above written. fN PRESENCE OF: �GER�ALY �ARASCO.as Executor Standard N.Y.B.T.U.Form 5005-EXemlor's Deed-Uniform Acknowledgment Form 3307 Old Republic National Title Insurance Company Title Number: ASK19-4961 Page 1 SCHEDULE A DESCRIPTION ALL that certain plot, piece�or parcel of land, situate, lying and being in East Marion, Town of Southhold, County of Suffolk, State of New York, known and described as Lots#4 and #20 on a certain map entitled "Map of Section 1, Cleaves Point,"filed in the Office of the Cleric of the County of Suffolk at Riverhead, N.Y. as Map 2752, on September 10, 1957. No building shall be erected unless plans and specifications have first been approved in writing by the seller. SUBJECT to Covenants, easements, restrictions and declarations of record and to the fights of public utilities reserved herewith to keep, retain and maintain its transmission lines, if any, within said premises. FOR INFORMATION ONLY: Said premises being more commonly known by the street address of Premises: 185 Osprey Nest Road, Greenport, NY 11944; Tax ID: District 1000 Section 035.00 Block 06.00 Lot 035.000 Premises: Osprey Nest Road,Greenport, NY 11944 Tax ID: District 1000 Section 035.00 Block 07.00 Lot 001.000 D CSCE[ WE NOV 1 6 2022 Southold Town Board of Trustees 1 ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE state orNew York,County of NASSAU ,ss! State of New York,County of ss: On the 24th day of JUNE in the ycar2019 On the day of in the year before me,the undersigned,personally appeared before me,the undersigned,personally appeared GERALYN MARASCO personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is satisfactory evidence to be the individual(s) whose names) is (are)subscribed to the within instrument and acknowledged to (are)subscribed to the within instrument and acknowledged to me that hOshe/they executed the same in his/her/their me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/herhheir signature(s) on the instrument,the individual(s),or the person upon behalf of which instrument,the individual(s),or the person upon behalf of which the individual(s),01d,executed the insI ent f the individual(s)acted,executed the instrument. NOTARY ,lanet Blasi NOTARY PUBLIC NcAaN QubtNo.o B16074007 Qualified in Suffolk County C,QMrnI&Sj*n Egpiree May 6,2022 ACKNOWLEDGEMENT BY SUBSCRIBING WITNESS ACKNOWLEDGEMENT TAKEN OUTSIDE NEW YORK TAKEN IN NEW YORK STATE STATE State of Now York,County of , ss: State of ,County of ss: On the day of in the year On the day of in the year , before me, the undersigned, a Notary Public in and for said before me,the undersigned personally appeared State,personally appeared the subscribing witness to the foregoing instrument,with whom personally known to me or proved to me on the basis of 1 am personally acquainted,who,being by me duty sworn,did satisfactory evidence to be the individual(s)whose namc(s) is depose and say that he/she/they residc(s)in (if the place (arc)subscribed to the within instrument and acknowledged to of residence is in a city,include the street and street number if me that he/she/they executed the some in his/her/thcir any,thercof);that he/shc/thcy know(s) capacity(ies), that by his/her/their signaturc(s) on the instrument,the individual(s)or the person upon behalf of which to be the individual described in and who executed the the individual(s)acted, executed the instrument, and that such foregoing instrument;that said subscribing witness was present individual make such appearance before the undersigned in the and saw said execute the same; and that said witness at the same time (add the city or political subdivision and the state or country or subscribed his/her/their name(s)as a witness thereto. other place the acknowledgement was taken). NOTARY PUBLIC NOTARY PUBLIC T I Executor's Deed NOV 1 6 2022 ' COUNTY: Suffolk Southold Town TOwwCrrY:Southold Board Of Trustees Estate of Geyer PROPERTY ADDRESS:185 Osprey Nest Road Greenport,Now York 11944 TO rv._.._. SECTION: 035,00 D 3S f� grcrra►a ITS 1 1 BLOCK: 07.00 d to. t]n Title No. LOT: 001.000 CS 3 S RETURN BY MAIL TO- FORCHELLI OEEGAN&TERRANA DISTRIBUTED BY ATTN:ROBERT B.MOY,ESQ. ^^ 333 EARLE OVINGTON BLVD,SUITE 1010 �-- UNIONDALE.NEW YORK 11553 JUDICIAL.TITLE T:800.281-TITLE F:600-FAX-9396 EXHIBIT B D LE NOV 1 6 2022 Southold Town Board of Trustees ,Section 274.5.Standards,9 NY ADC 274.5 Compilation of Codes,Rules and Regulations of the State of New York f j Title 9.Executive Department U Subtitle G.Office of General Services Chapter II.Division of Land Utilization N 0 v 1 6 2022 0�) Part 274.Interference with Riparian Rights(Refs&Annos) 9 NYCRR 274.5 Southold Town Board of Trustees Section 274.5. Standards Currentness A resolution of the compliant will be based upon the application of one, all or a combination of the following surveying principles: PERPENDICULAR METHOD Establishing the outshore lateral lines between the riparian/littoral zones by turning 90 degrees from a base line is referred to as the perpendicular method. This can be done from a baseline established between headlands in a cove and applying the proportionate method.The baseline can also be the thread of a stream,or river and in some cases the general trend of the shore such as along the Long Island Sound. Nevertheless, the riparian/littoral zone is established along a line perpendicular to the baseline and extending the same to intersect the property line at the shoreline. Perpendicular Method Image 1 within document in PDF format. LONG LAKE METHOD Establishment of the littoral zone for the elongated body of water is accomplished by the Long Lake method.The lateral lines are established by a line perpendicular from the thread of the lake to the point of contact of the property corners at the shore. The ends of the lake are divided by the Round Lake method. Long Lake Method Image 2 within document in PDF format. ROUND LAKE(PIE)METHOD Establishment of*he l:tor 1 zone- a viriuiar body of water is accomplished 'ia iaiucr-which i5 called the nv._d Lake or Pie Method.In this method,a point in the center of the body of water is established and a line drawn from the property corner at the shore is extended outshore to the established point at the center of the body of water. Round Lake(Pie)Method WESTLAW D 2022 Thomson Reuters. No claim to original U.S. Government VVorks. ,Section 274.5.Standards,9 NY ADC 274.5 Image 3 within document in PDF format. COLONIAL METHOD This method is used to apportion riparian/littoral zones by drawing a baseline from one corner of each lot to the other, at the margin of the upland, and running a line from each of their corners, at right angles to the baseline to the thread of the water body.The angle produced by the two lines established is bisected to establish the lateral outshore riparian/littoral zone. Colonial Method ` Image 4 within document in PDF format. PROPORTIONATE THREAD OF THE STREAM METHOD Apportionment is made among several riparian owners in such a manner that each owner has the same percentage of footage in the thread of the stream as they have along the shoreline.Measure the shoreline,measure the thread of the stream,then divide the thread of the stream distance by the shoreline distance and multiply the resulting factor by the shoreline distance for each lot along the shoreline. The distance obtained is applied to the thread of the stream and the riparian/littoral zone is determined by connecting the lines between the shoreline property points with the outshore points established along the thread. Proportionate Thread of the Stream Method Yrs Image 5 within document in PDF format. PRACTICAL LOCATION When upland owners deliberately make outshore improvements adjacent to their upland ownership with the understanding that such area represents their true riparian zone,such area may be established by practical location.This principle will usually apply when there is evidence of long term use and acquiescence by adjoining owners and the application of another method would adversely affect the majority of riparian owners within the immediate vicinity. Credits Sec.filed Aug.20, 1992 eff. Sept. 9, 1992. Current with amendments included in the New York State Register,Volume XLIV, Issue 45 dated November 9, 2022. Some sections may be more current,see credits for details. N.Y.Comp.Codes R.&Regs.tit. 9, §274.5,9 NY ADC 274.5 End or Roca nient n 2022 Thomson Reuters.No claim to original U.S.Government Works D E C E 0 V E- '0 NOV 1 0 2022 Southold Town Board of Trustees WESTLAW Thornson neuters. No claim to original U-S. Govemmenl: Works. Bay r� r ra rN �A ti p f� N v-7 3 a f� � rg r � r N C9C � 1E NOV 16 2022 Southold Town Board of Trustees 3 n A rFk� A � � n \ �o nc 1" CL _-t E NOV 1 6 2022 100 I Southold Town Board of Trustees f f A f/ J R�` 7 1 N 0 V 1 6 2022 Southold Town Board of Trustees } 4 1 1 i I 4r I � I ° ` I a i I I � I 9e N 4 ' r � r a� � V t NOV 1 6 2022 Southold Town Board of Trustees f r, --- �o LA I N d Gwo fel V • I Y 7 L o _ w � f• � o � V r • n n p � cL Ln � s • i' v E NOV 1 6 2022 Southold Town Board of Trustees EXI-TIT c aEcEoWE NOV 22 Southold Town , Board of Trustees OSPREY NEST _ MON. MON. r-• — %� ARC= 53.0' 0 p N 0V 1 6 2022 ASPHALT �I Southold Town DRIVE t� hoard of Trustees 4 cn N \ L__--µ-_--- `l UJ i lllJ O LOT 10 ONE STORY O FRAME DWELLING }L � l i I i u4r) O STEPS PATIO --------'- --_ - !� - 41 � ' O J �I C9 5URVEY OP ti OT#9 ` "MAF' OF CLFAVf5 POINT, 5ECTION I" � P14- [] SEPT. 10, 1957 A5 VAP02752 1 i SURVEf 11103/05 BY R.H.i~Q a 5CTM# 1000-35-6-29 MON P �� •�Q.�'" MON. O�r // • a to N 5 r �. f• �� a 6r t'S, .PS `S 'moi �r—W COMBINED SURVEYS ,dry � r _ NOTE:-4.1 INDICATES ` WATER DEPTH AS CPI�� y a" MEASURED DY a, ,� R.11.FOX 7/8/2/2 01 9 T�- 4 PREPARED BY:K5 COSTELLO MARINE CONTRACTING CORP. P.0 BOX 21 24,GREENPORT,N.Y. 1 1944 (G31)477-1199 EXHIBIT C- 1 D ECE � 19E N 0 V 1 6 2022 00 Southold Towrr Board of Trustaes l P a � 11 6 N Qn, SIX:Z IEY OF t-OTO9 ^' CIA LOT 10 �?' /' -MAg OF CLEAVES PaIr+T.mdPv w FILED SEPT. 10.IA57 las °D ro r 0 0 / m 4W SUR'!EY 11/03/05 BY R.H.FOX $CTM#1000-35-6-29 a F -KA, 0A1, �..;:55�a2 40 sQ_ r 0 r .p F. rt7 ' � 'a'r �.. •alt Y.:- o o °. �i o �� ff• NOTE:-4.1 INDICATES WATER DEPTH AS MEASURED BY % V- en R.H.FOX 7/8/2019 t G O n t C E 0 E U NOV 1 S 2022 Southold Town Board of Trustees EXTENDED PROPERTY LINE PREPARED BY:K5 ao C05TELLO MARINE CONTRACTING CORP. P.OX.BOX 2124,GREENPORT,N.Y. 1 1944 (G31)477-1 199 (5HEET 3 of 4) EXHIBIT C-2 FRFNOV '1 '633'� E 2022 Southold Town Board of Trustees a •'�r SURVEY OF LQT;9 LOT 10 n; -hiAP OF CLEAVES po1rf f,SECTION 1- FILED SEPT- 10,1957 AS MAP;92752 SURVEY 11103/05$Y' •'"FOX om + SCTM#1000-35-6-29 C D Z Ilkr Scr6,up�W �r g,5 ff . 'es, ca. 1"S� a, j- 'fid l o• � .r^]� ray „�rp � ^'!� ' � ,}aa 7 ley'. r ' NOTE:-4.1 INDICATES WATER DEPTH AS MEASURED BY 'p •m. R.H.FOX 7/8/2019 j •O' E C E V E N O V 1 6 2022 Southold Town Board of Trustees PARALLEL PROPERTY LINES PREPARED BY:K5 1esm C05TELLO MARINE CONTRACTING CORP. 1-20' P.OX.BOX 21 24,GREENPORT,N.Y. 1 1944 (G30477-1)477-1 199 (SHEET 4 of 4) EXHIBIT D D E E v NOV 2022 Southold Town Board of Trustees 4X MA!!NQ.61S7.i (J SECTr.. ,}tr 4 - f .f—x,1111_. F401i, •1 kQJggT NP) _ • .. r> . art N :v/ 1.."f• .. ri crrn t� .115.t1u•e•iluatlon n w Ih,s�tiwm•pt la■•bl{poa q Sittlla,e 0a of PR JECT:72 &1w vgrk SS•Ir 8durfgvtaw. CarpryC�ltpre•Indic ai•q b•von f fall run war To wo pfrsm.'Eav Mien wlip�dl!hl•Frspsl-+•. + V� c.JG.W fjl:l� • on Ila WMi['IO ln•TIW Ganp•ny.li y_ �fa,•d lwranq fdd ip tha•a>;Iyn••s Q•., !WIi '� r 'GPAA,eYiM11f daVrAtlnt rlat t,••nnq si � � /! .YO'� �'.! rF!f+"'rj 1 SF�,+('[O�f1�� I•lt"rWt tr•C4rb510f1ld ifYfdd trn• � .. 'Q -•r- .. ' r+•osrs•i•I•ral t•naloA:r,M1ywAh•t}Wflr ai vfm s w.Glrk n pM�z.aaa e!r•rNrxr tloa ,, y1TUATE.AT:F�'i9 Nltm.Malninq w•Ilar icw•.aali�,f.nlfa o+r+ _ uA o. . . / - unp1"4 '—+."S." _ r L:: .,r•r.-{.. cynbe„uavi DAre T IMA-'..E'3R�L SCALA: 20` $ER,TIFIW ONLY TO: y O al SURVEY RATE: -t3-42..JIR 1 ' ~ FILED M" No. -E 7EY FILEDa s46-? 1 F'f Lq SOCKS r's; � 8 FNp, E1ND.CONST.. FINALS gvx, AW�CFNTS -wEBO 4AEOER .Assoc. RG iYI LIAEtI t JgEGER E1 N YS LIG ILIO G48f P NG+ao�qf p+rnsori�rrapfer_ EJN4PLAt1 -`SRVi .'a Maio ; b,a1+r;raWc, t.m •i kI$iQ4lEO ➢R/l1sEf>t .; ,ra1a41ta3 : P1c•HC: .+C�'Jurr-kTis .1es'o.•vaa-va'rA EXHIBIT E D E C E o V E NOV 1 6 2022 Southold Town Board of Trustees 'Hydrographic Mai. 14 Surveyed: 8 July 2019 ,,,•' � SCT# 1000-35-7-1 Town: Southold o� oly Suffolk County, NY Datum: MLLW -10 r 20� SGT# 1000-35-6-2q ;' bo. T blkd. - 15'- • Inh j Qg I 1 9 [7 kq , � r 6 ► V ► 4rs�M1s ` ❑U Q sr r ' \ ►' �' ►► 7 O \Q ► @ •O ► �E- \63 \s ...] `Q .61 61 -11P JS \) •6 •3 \)O \> 2 \�7 \69 \68.0 \' \6.8 N O Y i b 2022 s \68 Southold Town \6 9 Board of Trustees • 66 4� ROBERT H. FOX NYS PLS # 50197 P. 0. BOX 366 AQUEBOGUE, NY 11931 ?/15/2019 6.44.47AM 0ADocuments and Setpngs\bob fox\Desktop\Osprey La Moor 3pro EXHIBIT F D EC E VE NOV 1 6 2022 i Southold Town Board of Trustees m � n � z U' 00rn DZ � rn JOrn-, ern - (-) � N � Ngo � � � O z 04D cc x c9GZN rnz � rn �o O o NOVR 2022 0 0 0 ?0rn -Di ^ O D r-nn � 0 p � �a �� Southold Town z n J D o a� ^� Board of Trustees ° � rn0 = o c� o Cha ., 1 r 6", v / ' 2 b r r _ 6,61c cr Ln IV IV, T N tu �, � Vii'., � {� ��O x,•� 10/ 2� •�\ �, `�•�"jS JcI° $f�C rag° •' � � ��1 —rnDl � � U -0 rn OOk — z NL Z r' o�o � 00 N N O O 0 rn = O N � n 7 Vn — O J Z cn Om z � �� C) U0 CD N rn -n rn O 7 r W Dom] N N O� a LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C. 13015 MAIN ROAD,P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 ebressier@wbglawyers.com November 14,2022 VIA ELECTRt2NIC MAIL Southold Town Board of Trustees P.O. Box 1179 Southold, NY 11971 Re: Application to the Southold Board of Trustees for approval of a dock on 135 Osprey Nest Road Greenport, NY 11944 Ladies and Gentlemen: We are the attorneys for Robert Cooper, "Cooper", 565 Osprey Nest Road, Greenport, NY and write in opposition to the application of Joseph and Carolyn Ferrara"Applicants" for a dock permit, "Project", at property located at 135 Osprey Nest Road, Greenport, NY SCTM No. 1000- 35-7-1, "Property". For the reasons set forth below the application should be denied. PROJECT DESCRIPTION The Project consists of a 36'x 3' fixed dock extending into the waters of Gull Pond from a bulkhead on the Property. The Project is shown to be located fewer than 15' from the seaward extension of the Cooper property line, without taking into consideration the width of any vessel tied to the Project. The Project is in such a location as to impermissibly and substantially interfere with Cooper's riparian access and his ability to utilize the permitted dock existing at his property for approximately 50 years (copy of Cooper's Trustees Permit is annexed hereto as Exhibit"A"). We also enclose a copy of a photograph, attached hereto as Exhibit B, of the area in issue taken from the shore in the area of the proposed dock and reflecting the conditions seaward. Our client's vessel is shown to the right of the photograph berthed at his long-standing permitted dock. Another vessel is generally docked on the other side. The vessel to the left of the photograph is that of the applicant's neighbor to the South berthed at his long-standing permitted dock. As with our client's dock, another vessel is generally docked on the other side. The applicants proposed dock would extend in the narrow area between the two vessels. It is readily oom for such a dock, even without any vessels berthed thereat. OV I 2022 8m#hdd Town Pagel of 4 THE PROJECT APPLICATION This is the second application by the Applicant for similar relief; The first application was dated March 2020;and was opposed by Cooper. This prior application appeared on several Trustees calendars until it was eventually removed by reason of inaction. THE APPLICABLE LA's+" Southold Town Code §275-11(c)(2)provides standards for the issuance of dock permits. These standards require that a dock be located not less than 15' from the seaward extension of the upland property boundary between the subject property and its neighbor. This standard furthers the stated policy of preventing interference with navigation. Seaward extensions of upland property lines are to be determined based upon 9 NYCRR 274.5. The applicable methods of determination under 9NYCRR 274.5 in this case are the "perpendicular method" and the"practical location method". Under the perpendicular method a line is extended from the end of the upland boundary perpendicular to the thread of the stream. Under the practical location method long existing usage and improvements determine the boundary. Under both methods the proposed computation of the seaward extension by the Applicant is incorrect and the Application should be denied as set forth below. In addition to the foregoing, Cooper has long existing riparian rights and rights adverse to the Applicant arising out of his permitted dock and the long- standing usage thereof, including tying up vessels on both sides thereof Indeed, the Trustees in a field inspection report dated March 9, 2+ 22 properly noted concerns with the application concerning Copper's permitted usage and potential hazards to navigation.. THE APPLICANT'S FAILURE TO JUSTIFY THE APPkRIAN LAW The Applicant's claire as to the applicable law contained in the letter of Patricia Moore, Esq., dated September 19,2022, "Letter", fails to establish a right to construct the proposed dock for four reasons. First, the Letter entirely fails to address the applicable legal standards for allocation of off-shore areas and the requirements of same. The Letter fails to address the two permissible methods of extensions of upland property lines and the resulting allocations of riparian areas. This failure,no doubt, is because no permissible legal analysis exists by which the claimed riparian areas shown on the Application is sustainable. Second, the Letter's argument that Cooper should move his permitted dock which has existed for 50 years is meritles. Cooper has long and well-established rights to his dock. The Applicant's rights, if any, are subordinate to Cooper's established usage in excess of the prescriptive period (currently 101 years). Third, Cooper's dock and mooring has not and does not constitute a hazard to navigation. Finally, the Letter fails to address entirely the well-established legal principal that riparian rights are subordinate to regulation by both the Department of Enforcement and the Trustees and subject to the rights of the owner of underwater land. C V N OV Board of Trustees Page 2 of 4 THE APPI.,ICART.F PACTS The Project is located between the permitted dock of Cooper to the west and a dock to the east. Even a cursory'review of the arial photograph of the Project area submitted in support of the application reveals that the Project is impermissibly close to both of the seaward extensions of upland property lines and, therefore, the adjoining docks when measured from the outward side of any vessels tied to the Project„ The proposed site plan submitted with the application reflects this impermissible proximity and, indeed, quantifies same. Assuming, arguendo, the correctness of the description of the extent of the riparian area(which it is not, as discussed below), the Project is 10' from Cooper's extended property line and 5' from the adjoining property line to the east. The Applicants' purported permitted riparian usage areas are not delineated by metes and bounds on any survey submitted with the application and the area shown is unsupported by any deed description. Thus,they are a guess,at best, and entirely in contradiction with the applicable law,as set forth above,and.Cooper's long-standing usage. Cooper's riparian use area,however, as easily calculated by both the perpendicular method and the practical location method. The thread of the stream in Gull Pond runs from east to west. Thus, a perpendicular line drawn from the vertex of the bulkhead which demarks the upland property boundary should be taken. This line runs roughly from the vertex of the bulkhead through the southwest portion of the Project and renders the Project untenable(copy of submitted site plan marked to show the perpendicular lane is annexed hereto as Exhibit "C"). Similarly, the practical location method renders the project untenable. The extensive use of the Cooper dock for approximately 50 years establishes the riparian division- a line parallel to Cooper dock and not less than 20' therefrom. It should also be noted that Cooper's bulkhead is twice as long as the Applicants'. Thus, under the proportional method set forth in 9NYCRR 274.5, Cooper's riparian area is twice that of the application and therefore precludes the Project. As a historical matter, docks were never contemplated at the Project location--only mooring and pilings. The covenants and restrictions applicable to the Project location provide only for such improvements and not a dock(copy of covenants and restrictions is annexed hereto as Exhibit l7"). Indeed, a 20' parcel is grossly inadequate to support a dock and vessel in proximity to other riparian parcels. It should further be noted that other docks to the east utilized by Cleaves Point subdivision owners share space, that is, one owner to each side of the dock, to avoid exactly the problem presented here. I V E__ OV 1 5 (022 snO W "Rim Page 3 of 4 nnard of Tmstees CONCLUSION The application is fatally flawed in that is fails to recognize and address the existing Cooper dock and the proper extent of the Applicant's riparian area. Moreoer, it fails totally to take into account the Southold Town Code §275-11. There is no reason to depart from such requirements. As,a result, the application should be denied. Very tru yours, 'r . Eric 4. e—ssle—rs---- EJBIri ECEIVE NOV 1 2022 Page 4 of 4 EXHIBIT A ..........„ «n,.r, � 1� ✓ IF" (r�..�h9 C yQR Vr. Jr ;a" �,. S fiVY."1� :§a •frxP"�"�d��b 1��° '4.zd, � �. Y ,y��, � '. r iMR �• e8" "� �' � r � • � + • ., . � �cwt • ,_ r ^V. n�w'�.L. � . • • � � •Y • -tom V • { �?,r," f • •' • w..- r � " �.: Via' r tea' + ^+� � ��/ Ir /r"✓� ✓ � �'^^ ��. ,�� '�Q"� ��r �'�� v 1 ^� "'* j a. �t.. �s "1�,n-�,:'�"��a'� w �"��" � P�� "f..G"��y� N��•,yt "�'"Y TERMS and CONDITIONS The Permittee Robert co pper residing at 01s r Nest Road East M1 11arion Part of the consideration for the issuance of'.tbe Permit does understand and re lowing: o Y., as p scribe to the fol- I- That the said Boar es, . . d of Trustees and the Town of Southold are released from aha all damages, or claims for damn atioo performed pursuant to this permit,of its ache g directly Or tree indirectly as a r'Oresult of an and defend an and. all such y offer: y ch suits :initiated by third parties,, and the said Pernhit� asses n e�rpens ,, w4h, respect thereto, ,ta the complete exclusion, Of the Board of mi of the Town lability . That this Pe of Southold a .t valid for a period of mos which; is considered to be the . .. .... estimated time required to complete the work involved, but should circumstances for an extension may be rnade to the Board ata later date, warrant, request---- I equest _._._..-__-- That this Permit should be retained indetinhtely,, or as long as the said Permittee to maintain the gee or project involved, to Provide evidence to an one co orizataon Was originally ob wishes y obtained. Y ncerned that auth_ ' . That the work involved will be subject to theinsrection aiad m its agetrts, aaxd non»compliance with the Provisions of the originating a approval of the B.aEd revocation or of this Permit by resolution of the said Boards licatio pp maybe cause for 5• That there;will be.;no ugEeasoaable int rf rence with nevi tion as herein authorized* a.result of the work G That there sball be no interference with the right of the public to the beach between high and .low water marks. P pass and repass along . That if future operations of the,Town of Southold requird'the removal and/or in the location of the work herein atatlaae , or if; rn the o initis of work shall cause unreasonable obstruction to free navi anon . ofT alterations upon due,notice,.to remove or alter this work or p the Beard of Testees, the Project g , the said Permittee Will be required, Of Southold. p oject herein stated.without expenses to the Town 8. That the said Board Will be notified by the Permittee of the conn legion o" orized, p t the work auth- 9• That the Permittee swill obtain all other elemental to this permit Which nae permits and consents -that may be required sup_ y be subject to revolve upon failure to obtain same. BOARD OF SOUTHOLD TOWN TRUSTEES Form P TOWN CLERK'S OFFICE SOUTkOLD, NEW Y13-971. . ORK 119 71. ° NOTICE •OF BOARD AC TIC To: Os re Nest Roza East Marion NewoC l l 1- Your application, Number 723 Chas been reviewed by the Board at ,a regular meeting held on. June 5, 1972 and the follo ' wing action. 'was taken: ` asran ^ed.. d;a da o buil P dy Nest a ." n •Gull ::Pori G e t �,�an by� � l.�,wi�e. nport., New YQ 2. If your application Payable to the Order wof the Boaas rd a Permit "Fee is now and is co m uted due and rd of `Southold Town. Trust-ees • • P as follows: �� - _. .. ... Form A/1 (application) - • Form A/2-- (t o moor a boat F .. mina rum n -Form A/3-- (bulkhead) ) Form A/4_- (docks) $ . • . . ,. ,. OtherAChar (dredging/fil'1 •ng) :- ..�,Form24.0o�0 . ;' • . A ° Charges - * Total Permit Fee ' **Note: If this Tot a1 P � ermit Fee is paid in person the Permit is obtainabl h_ Meiat�the same time; if paid by mail " G - ..;�": . • . . ' . . . • , " °. the Permit 3. , Comment and Remarks. s Chairman, Boa _ r _. d 'Of...ZOwn. Trustees by Secrtz ; .. EXHIBIT B i "" tw w. r ,� Y x Gw✓ �.�w ,w � `Grp�ma�*.�rYw'a. ,r'Y �.ww,JSS �^' w'�1Y�C''C.^r� `+� a �, x '.@� t s ,ar.�,»rw �"Cw t,[w ��'��, so IN all ME - ROMMS .� ""d"^`Y w t"r" � xw •. 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P.O.Box 1179 Liz Gillooly �y • 0�� Southold,NY 11971 Elizabeth Peeples � r Telephone(631)765-1892 Fax(631)765-6641 Southold Town Board of Trustees Field Inspection Report Date/Time: Completed in field by: Patricia Moore, Esq. on behalf of CAROLYN & JOSEPH FERRARA requests a Wetland Permit for a proposed 3'x36' fixed dock consisting of 4"x8" pilings with 4"x8" caps (CCA), 4"x8" (CCA) stringers, and open grade style decking within the area of a private mooring lot and adjacent to bulkhead; and to install a 4' wide path to the road. Located: Property Off of Osprey Nest Road, Greenport. SCTM# 1000-35-7-1 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. Krupski E. Sepenoski L. Gillooly E. Peeples F Client-'Joseph&Carolyn Ferrara Location: 185 Osprey Nest Road, Greenport,N.Y. 11944 Date: 06/02/22 bx 4 Ay Project Location r 41 r C E I V SPhoto 1: Photo taken from Drone Facing North Southold Town Board of Trustees Costello Marine Contracting Corp. Prepared by: 423 5th Street, PO Box 2124, Greenport,NY 11944 (631)477-1199 Phone (631)477.0005 Fax 1 Hydrographic Map N Surveyed: 8 July 2019 SCT# 1000-35-7-1 Town: Southold o� Suffolk County, NY ; Datum: MLLW °�,��'` 20' SGT# ' 1000-35-6-2q ' o � ' o T , ' `S`6 blkd. yy Q9mites 1 q 1 B OSS r a 9r q�o� Q i h •� i �� `�4r h `1r X I -O }; �s •O ��;s� �U �Io `6d \6, 6 1 •6 \S8 \O�'c, SEP 1 9 2b2z •o .0 Southold Town P �) 6'y `68 Board of Trustees \�p �6 .2 •O .6 \68 A 9 F/00U' ® \,, F� � 6 � � ROBERT H. FOX NYS PLS # 50197 P. 0. BOX 366 AQUEBOGUE, NY 11931 ./15/2019 6:44:4-7AM and 5ett"\bob Pox\0esktoFA0sprey Lo Moor 3p^o MATAL r' 1 Peconic Landing Gardiners Bayttt = Greenport NY 25 Estates West Sprih P^^! Konta Kosta Vineyard Stirling Cleaves Point ' Cemetery Estates' - Inlet Point ,, Stirling Grill Pend Cleaves Point SEP 19 25 'x a°s�` 2Q2C RI Pond `.� * '� AL�n�e PROJECT LOCATION Stirling Basin'. _ N Southold Town Youngs Point Hay Beach Board of Trustees Point NY 25 Truck Greenport / z ^La, t5veet .S", ��` GrNt.gxut t i m Ma° Greenpoi OR 4811-ruck NY 25 - 4\RRM 1 m i NY 25 Fanning Point !� Pipes Cove �ry�Se Arshamonaque oda r �B Asia ixbor a _ f IF - Sheit r !siand Heights Hashamomuck-__ Aug t P.cres NY 25 NY 114 CR 69 APPLICANT: JOSEPH CAROLYN FERRARA ADDRESS: 205 WEST 57T11 STREET, APT. 8D VICINITY MAP NEW YORK, NY 10019 PREPARED BY: K5 JOB 51TE: 185 OSPREY NEST ROAD C05TELLO MARINE CONTRACTING CORP. 4 1 o 0042"N 72° 20' 43"W SCTM: #1000-35-7-1 P.0 BOX 21 24, GREENPORT, N.Y. 1 1944 DATE: OG/OG/22, OG/03/22, 05/31/22, (G3 0477-1 199 (SHEET I of 7) 03/19/20, 10/15/19 9 P� ADJACENT PROPERTY OWNERS sos Zf � SNS LP !92 Oj JANET E. *- KEVORK N. DEMIRCIYAN 'yO 1 GO 05PREY NE5T ROAD < ♦♦ 9�y GREENPORT, NY 1 1944 (I GO OSPREY NEST ROAD) < �o • (5CTM# 1000-35-7-2) C� ti5 •FORO r 9,0< 2 ROBERT T. COOPER, JR. z9 a2 O P.O. BOX 487 �N GREENPORT, NY 1 1944 (565 OSPREY NEST ROAD) (5CTM# 1000-35-G-29) o 1 09 Q3 CLEAVES POINT PROPERTY osQ ASSOCIATION, INC. P.O. BOX 507 j S GREENPORT, NY 1 1944 ♦� (345 OSPREY NEST ROAD) o GULL (5CTM# 1000-35-G-30) ( POND INLET ECEIVE •� 0 PROJECT Q [• SEP 19 2022 '�, LOCATION 2 hqt, Soult o Town qYE F ♦�--�. Board of Trustees APPLICANT: JOSEPH CAROLYN FERRA .A ADDRESS: 205 WEST 57Th STREET, APT. 81D LOCATION MAP NEW YORK, NY 100 15 PREPARED BY: K5 JOB 51TE: 185 05PREY NE5T ROAD C05TELLO MARINE CONTRACTING CORP. 4 1° OG' 42"N 720 20' 43"W 5CTM: #1000-35-7- 1 P.O BOX 2124, GREENPORT, N.Y. 1 1944 DATE: OG/OG/22, OG/03/22, 05/31/22, (G31)477-1 199 (SHEET 2 of 7) 03/19/20, 10/15/19 PROPOSED CONSTRUCT A 3'x3G' FIXED DOCK. QIEC E I VE tc SEP 1 9 2022 Southold Town Board of Trustees MATERIALS: PILINGS: 4"x8" GREENHEART CAPS: 4"x8" GGA STRINGERS: 4"x8" CCA DECKING: OPEN GRATING STYLE HARDWARE: H.D. GALV. FASTENERS: STN. STEEL ACCESS: APPLICANT: JOSEPH CAROLYN FERRARA BY WATER VIA BARGE AND BY LAND THROUGH APPLICANTS' PROPERTY ADDRESS: 205 WEST 57T" STREET, APT. 8D NEW YORK, NY 100 1 9 PREPARED BY: KS JOB SITE: 185 OSPREY NEST ROAD C05TELLO MARINE CONTRACTING CORP. SCTM: #1000-35-7- 1 P.0 BOX 2124, GREENPORT, N.Y. 1 1944 DATE: OG/OG/22, OG/03/22, 05/31/22, (G31)477-1 199 (SHEET 3 of 7) 03/19120, 10/15/19 „1 PROPOSED CONSTRUCT A 3'x3G' ' FIXED DOCK. SCTM# 1000-35-6-29 / ' 1000Sl ' 6 MHW b(kd. Phra ''o gmites P S FD, ro I i SEP 1 9 2022 ��,� c' .� (Z”, Southold Town 7 Board of Trustees 9 60 7 L- L Ise AzOOa '66 6 .6 .1�S NOTE: ,,r� -4. 1 INDICATES WATER DEPTH �34 IN FEET WHEN MLW EQUALS 0.0 APPLICANT: JOSEPH CAROLYN FERRARA AS MEASURED BY R.FOX 7/8/19 ADDRESS: 205 WEST 57T" STREET, APT. 8D SITE MAP NEW YORK, NY 10019 PREPARED BY: K5 0 20' JOB SITE: 185 OSPREY NEST ROAD C05TELLO MARINE CONTRACTING CORP. SCTM: #1000-35-7- 1 P.0 BOX 2124, GREENPORT, N.Y. 1 1944 V=20' DATE: OG/OG122, OG/03/22, 05/31/22, (G31)477-1199 (SHEET 4 of 7) 03/19/20, 10/15/19 PROPOSED CONSTRUCT A 3'x36' FIXED DOCK. SCTM# 1000-35_6-297000 / MHW blkd. 'ph ,� 614 ,'__' ragmite N E C E 0 V ti,, 9�d` Pa --� ,m P� I -- / ` —� S E P 1 9 2022 ` ��, r it bl, -4 � d x o, , a (v s Southold Town Board of Trustees . -9 3� 1 eco' . , F66 `?6 '9 '''.�' -9 `?? -6 ?-9 NOTE: �,�� 6 �?s -4. 1 INDICATES WATER DEPTH IN FEET WHEN MLW EQUALS 0.0 APPLICANT: JOSEPH CAROLYN FERRARA A5 MEASURED BY R.FOX 7/8/19 SITE PLAN ADDRESS: 205 WEST 57T" STREET, APT. 8D NEW YORK, NY 1 001 9 PREPARED BY: KS 0 20, JOB SITE: 185 OSPREY NEST ROAD C05TELLO MARINE CONTRACTING CORP. SCTM: #1000-35-7- 1 P.0 BOX 2124, GREENPORT, N.Y. 1 1944 f,.=20' DATE: OG/OG122, 06/03/22, 05/31/22, (G31)477-1 199 (SHEET 5 of 7) 03/19/20, 10/15/19 FROF05ED CONSTRUCT A 3'x36' FIXED DOCK. � ECEIVE 3G' FACE OF BULKHEAD 6 S P? 1 9 2022 PHRAGMITES SoutlwldTown PROPOSED ;l!� Board of Trustees 3'x36' FIXED PIER ; A TOP OF BULKHEAD GRADE MHW +2.5' EXISTING BULKHEAD ------------------------------- ------- -------- -------- MLW 0.0 1'Z MARSH -------------------------------- ------- i BOTTOM _ ':0 NOTE: -4.2 INDICATES WATER DEPTH IN FEET WHEN MLW=0.0 AS MEASURED BY R.FOX 7/8/19 ELEVATION APPLICANT: JOSEPH CAROLYN FERRARA ADDRESS: 205 WEST 57Th STREET, APT. 8D U 10 19 PREPARED BY: KS JOB SITE: N EWYORK, NY 0 85 O PREY NE5T0 ROAD C05TELLO MARINE CONTRACTING CORP. i„=10' SCTM: #1000-35-7- 1 P.0 BOX 2124, GREENPORT, N.Y. 1 1944 DATE: OG/OG/22, OG/03/22, 05/31/22, (G31)477-1 199 (SHEET G of 7) 03119120, 10/15/19 4" 4"x8" FENDER PILINGS - GREENHEART OPEN GRATING STYLE DECKING ELEV. TO BE LEVEL WITH 4"x8" STRINGERS - CCA TOP OF EXISTING BULKHEAD 4"x8" CAPS - CCA MHW+2.5' MLW 0.0 VARIES BOTTOM RECEEIVE SEP 1 9 2Q22 Southold Town y,�� ;✓ Board of Trustees I Q'-12' PENETRATION i u u. NOTE: HARDWARE TO BE H.D.GALV. DECK FASTENERS STN. STEEL. DOCK DETAIL APPLICANT: JOSEPH CAROLYN FERRARA ADDRESS: 205 WEST 57T" STREET, APT. 8D 0 4' NEW YORK, NY 1001 9 PREPARED BY: KS Ems-- JOB SITE: 185 OSPREY NEST ROAD C05TELLO MARINE CONTRACTING CORP. V=4' 5CTM: #1000-35-7- 1 P.0 BOX 2124, GREENPORT, N.Y. 1 1944 DATE: OG/OG/22, OG/03/22, 05/31/22, (G3 0477-1 199 (SHEET 7 of 7) 03/19/20, 10/15/19 Client:Joseph&Carolyn Ferrara Location: 185 Osprey Nest Road, Greenport,N.Y. 11944 Date: 06/02/22 MONO� y L - .: �4- "d p 1 M� Project Location s� = Photo 2: Photo taken from Drone Facing North East. Costello Marine Contracting Corp. Prepared by: 423 5th Street, PO Box 2124, Greenport,NY 11944 (631)477-1199 Phone (631)477-0005 Fax 2 Client:Joseph&Carolyn Ferrara Location: 185 Osprey Nest Road, Greenport,N.Y. 11944 Date: 06/02/22 r 44 A ` Project Location SPhoto 3: Photo taken from Drone Facing North West. Costello Marine Contracting Corp. Prepared by: 423 5th Street, PO Box 2124, Greenport,NY 11944 (631)477-1199 Phone (631)477-0005 Fax 3 Client:Joseph&Carolyn Ferrara Location: 185 Osprey Nest Road, Greenport,N.Y. 11944 Date: 06/02/22 Proposed 3'x36'fixed dock.NTS. _ l Mobr { �i Photo 4: Photo taken,from Drone Facing South. Costello Marine Contracting Corp. Prepared by: 423 5th Street,PO Box 2124,Greenport,NY 11944 (631)477-1199 Phone (631)477.0005 Fax 4 Client:Joseph& Carolyn Ferrara Location: 185 Osprey Nest Road, Greenport,N.Y. 11944 Date: 06/02/22 f 't SPhoto 5: Photo taken from Drone Facing South. Costello Marine Contracting Corp. Prepared by: 423 5th Street, PO Box 2124, Greenport, NY 11944 (631)477-1199 Phone (631)477-0005 Fax 5 Clieni:Joseph&Carolyn Ferrara Location: 185 Osprey Nest Road, Greenport,N.Y. 11944 Date: 06/02/22 ., i I' r a)jc � t tPhoto 6: Photo taken from Drone Facing North. Costello Marine Contracting Corp. Prepared by: 423 5th Street, PO Box 2124,Greenport,NY 11944 (631)477-1199 Phone (631)477.0005 Fax 6 Mme. ser 5CC Np 0x0 - �o m-0, _. �i .��.+' Q •. .(. M1,µ (2; ro. ,w,1212 . .. a or.,e sr axez+ �,�� R �., 4 M1 ,� •b ____ ,•B bM1 • ' b V �,, \./;: , ,tl '!c h _ ,3a Wo, �1✓ ta YEA t S> 1,��b� -bM1a�� 6�\ bu xra � ri--' } � i• Y •� s' M 1; .E.a• :8&� xb ,i4� nyMa Y. e(5l Y. µme, �`• / � � A � � � ab M- § �� y, 1 M1� M1 ` J M1 _�A� ' �'r Z 4g Y•R. {:ate � # y�� '� � bV *a0 �y!�_��`r.� `<,4' `9 -- 3 z x �,.^ •`. t b , -1irt' '� .ap, i` a 9?w .n a' 'm \ §t•;,. Ste' t �. Y -•. .p ` of .�` � 9� �d gY � , �Lam. 78T�"y � y 7AM1 •.. a a; a r 4��v4e! a •,2 M1 �-pr` � � , w � ..`�•.� },�� a 3., ., xy�g��,�a g$ v,t€s's �r i._�� f M1t� `s eid'.Y°' a� �' ,`'' se,�r�. ,eiP � ��"� y' �,,;p• r��i ,yw d�.� s.�,ti `.: o- �.a4� S" X' �. C,� `.�b R 84 ��+P 116 • r.,�pP M1 St ®" . 1b ��'�x'P'� ,a• xb a. �'� �.�.�a s "' o b �1/\ 1 ;e-� � g` •`y mro'4¢ - Y.+ a-..4 d � -S 1,P `�•w.'C) _ t'�t�n 'y ]Ylle,AL -\.' Ye 8§b .i o§tea s•` � _ _ ' h .�� ®fir ;•'" � is 1+ �1 s ._. o Y. -psi. s � ,lr<s•e�x ,y '# ,;..b ti� ?'`(]ro.�Po Yµ �. F.•�;>�{-F�, GI/LL ~' L ay. a .,v N Nr` 6An T�+' _ � • h 2wc1 L }�N x,0 PoNO > M1•;1 ,�,(a*•� ,kyr t V"4y. T� a '* '•, �' i� ,.f0. ._ ,,, �� ? '�'� „w.to, er., :,t .y S s �� , -�'t �r ��• � ?.,..,. �� ,ovmov 9 . ,f,. ,"�-r � ,z•- -� S � t s .=,_rte,F sou,noao Y 7 COUNTY OF SUFFOLK co NOnOE O .. mow. ..a R<4 RWpu 1 17, .y we v ——— ,.. -- , w e E n aouman 035 �.. ..,. ,.0 aarw - aueu. rru uva p +we. .c«nu _ _ w•• ____ ..r.s..,ro. 1x1) ._.o-... .. ,: xmY,n MPmB,m#E6ax nf. p us ,n •'+� PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 September 19, 2022 ECEIVE Board of Trustees SEP 19 2022 Town of Southold PO Box 1179 dTOM Southold NY 11971 ®tea ofTru hand delivered Joseph and Carolyn Ferrara are the owners of Tax Lot 1 (Lot 20 in the subdivision of Cleaves Point). The parcel is also known on the subdivision map as the "reserve for beach and mooring lot". The parcel was created in 1957 on a filed map of Cleaves Point subdivision for the purposes of providing dockage to its owner. All the mooring lots have a legal right to a dock. The Town Board issued many of the wetland permits for the docks on the mooring parcels. Thereafter, the Town Board delegated this authority to the Trustees, which issued applicable wetland permits for the docks and floats. There are 16 separately deeded mooring lots in this subdivision, and most of the lots have been improved with docks. Mr. Ferrrara's proposes a fixed dock (catwalk), only 3' wide, extending from the upland retaining wall/bulkhead 36 feet (all located within the Ferrera deeded parcel). Unlike the neighboring docks, the Ferrera dock does not include a float. This proposed dock is the minimum size that would provide Ferrara access to navigation. The proposed dock provides the maximum separation from the Cooper oversized float [to the west]. A prior application for a dock was stalled by the neighbors. Mr. Ferrara met with the easterly neighbors (Demirciyan & Fitzgerald) who share a dock and they took measurements to assure themselves that the proposed Ferrara dock would not interfere with their navigation and property rights. On the westerly side Mr. Cooper refused to meet with Mr. Ferrara. The location of the Cooper float is shown on the enclosed survey. Mr. Cooper placed the oversized float in a manner which interferes with the access to navigation of the Ferrara parcel. It appears from the Trustee's records that the Cooper float may have wandered over the years to the east, further encroaching on the Ferrara's riparian rights and over the underwater land. Moreover, based on observations of the neighbors, Mr. Cooper began docking a vessel on the east side of his dock only after the Ferrara application was filed. Placement of a vessel on the east side of the Cooper dock is trespasses on the Ferrara parcel. If Mr. Cooper limited his dockage to the west side of his dock, Mr. Ferrara and Mr. Cooper could each enjoy the use of the water. The law regarding riparian rights is well established. (1) The owner of uplands on a tidal,navigable waterway possesses riparian rights, consisting of the right to"reasonable ... access to the water for navigation, fishing, and other such uses" (Tiffany v. Town of Oyster Bay, 234 N.Y. 15, 21, 136 N.E. 224; see City of New York v. Gowanus Indus. Park, Inc., 65 A.D.3d 1071, 1073, 886 N.Y.S.2d 427). All the owners of the waterfront parcels and mooring parcels have this right. (2) Riparian rights include "the right to make [such] access a practical reality" by building a pier, dock, or wharf(Town of Oyster Bay v. Commander Oil Corp., 96 N.Y.2d 566, 571, 734 N.Y.S.2d 108, 759 N.E.2d 1233; see Schuss v. Palmisano, 51 A.D.3d 766, 768, 857 N.Y.S.2d 709; Bravo v. Terstiege, 196 A.D.2d 473, 475, 601 N.Y.S.2d 129; Town of Hempstead v. Oceanside Yacht Harbor, 38 A.D.2d 263, 264, 328 N.Y.S.2d 894, affd. 32 N.Y.2d 859, 346 N.Y.S.2d 529, 299 N.E.2d 895). The properly owners in this subdivision have constructed different sizes and shapes of docks to give them access to Gull Pond and the Bay. (3) The riparian rights of an uplands owner are limited, however, to the waters in front of that owner's property and do not extend to the frontage of the adjoining parcel (see Schuss v. Palmisano, 51 A.D.3d at 768, 857 N.Y.S.2d 709;People ex rel. Gratwick v. Comms. of Land Oce of State of New York, 202 App.Div. 240, 242, 196 N.Y.S. 115;) Cooper's dock violates this rule. Cooper placed a dock and oversized float in such a manner which interferes with the Ferrera right of navigation (littoral [saltwater] rights). While the Cooper dock has been in place for many years, Cooper cannot claim "adverse possession" against the Town Trustees. His dock is located beyond his property line and the underwater land below his dock belongs to the Trustees. His right to a dock is subject to the review and approval of the Trustees. The Cooper dock is nonconforming and is ready to be replaced. The Trustees could correct the design and location of the Cooper dock if it is to be replaced. Even if Mr. Cooper does not voluntarily apply to replace his dock, the Trustees retained jurisdiction to demand that the dock be corrected and not trespass on the Ferrera parcel. The conditions of Wetland Permit#723 issued for the Cooper dock in 1971 states the following: condition #5: "That there will be no unreasonable interference with navigation as a result of the work herein authorized" and condition #7: "That if future operations of the Town of Southold require 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 Permitee will be required, upon due notice, to remove or alter this work or project herein stated without expenses to the Town of Southold." This is not a new issue. The Trustees addressed the placement of the docks on the Cleaves Point mooring parcels in 1993. In 1993, the President of the Trustees sent a letter to the owners of these parcels (Israel, Geiderman, McGough, Gardinetti and Rosenthal) and told them all to conform to their permits and stay on their own properties. The issues came to light when the Pauline Israel dock application was filed. The issue was ultimately corrected and resolved with the Trustees. The Trustees need to intervene with Mr. Cooper to resolve the conflicting rights before the matter escalates. (4) An uplands owner does not acquire the right to use or access the water fronting a neighboring parcel simply because it may have been the first to build a dock along the lateral extension of the parties' shared property line into the water (see Muraca v. Meyerowitz, 11 Misc.3d 1061[A], 2006 WL 568324; Huguenot Yacht Club v. Lion, 43 Misc.2d at 141, 250 N.Y.S.2d 548; Fairchild v. Union Ferry Co., 121 Misc. 513, 516) 201 N.Y.S. 295, affd. 212 App.Div 23, 207 N.Y.S. 8359 affd. 240 N.Y. 666, 148 N.E. 750). Kearns v Thilberg, 76 A.D.3d 705, 907 NYS2d 310 (2010)9 In an effort to find a reasonable compromise, the Ferrara dock has been repositioned to accommodate the Cooper dock. Ferrara will have access to navigation on the west side of the mooring parcel. At some point in the future if the Cooper dock is repositioned, then the applicants can determine if an amendment to the permit is desired. For now, the application for the dock is left to Ferrara to resolve. For the reasons set forth, the application of Joseph and Carolyn Ferrara should be approved as applied for. Very yours, LPatricia C. Moore Footnote (docks with permits): Tax Lot 4: Trustees-#3952 1991, #3952 1994 Tax Lot 12: Town Board#1469 in 1981 Tax Lot 13.2 Town Board #153 1983 Tax Lot 13.4 Town Board#13 0 1983 and #153 1983 Tax Lot 13.6 Town Board #1594 1984 and #106 1983 and 2010 transfer of permit The following existing docks do not have a record of permits Tax Map 2 & 3 share a dock (Demirciyan) & Fitzgerald Tax Map 6 Tax Map 7 Tax Map 8 No docks: 5, 9510911,13.5 Glenn Goldsmith,Presidenta SO(1T�Q Town Hall Annex A.Nicholas Krupski,Vice President 54375 Route 25 P.O.Box 1179 Eric Sepenoski i Southold,New York 11971 Liz Gillooly @ Telephone(631) 765-1892 Elizabeth Peeples yo Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD This Section For Office Use Only Coastal Erosion Permit Application D E C E f Y E X Wetland Permit Application Administrative Permit Amendment/Transfer/Extens'o SEP 19 2022 _74-Received Application: •Iq•2�• Received Fee: $ ZSd. Completed Application: Zrl •Z SmutlroldTom Board of Thatm Incomplete: SEQRA Classification: Type I Type 11 Unlisted Negative Dec. Positive Dec. Lead Agency Determination Date: oordination:(date sent): _�LWRP Consistency Assessment Form Sent: 11� 1ZZ C Referral Sent: (01 L41 Z Z Date of Inspection: 11• •Z Receipt of CAC Report: Technical Review: Public Hearing Held: 16.2 Resolution: Owner(s) Legal Name of Property (as shown on Deed): e Ayo I ryy1A an Sri P_'erGi r '- Mailing Address: Z0 %1 . 1-Z W► `5 tLekl_ , SS' 1-1 . N-1 1 (ID I I Phone Number: 0/17-- 7 N`7 - '�i-Co _S W Suffolk County Tax Map Number: 1000 - - -7 - t C)%o�<' Property Location: (If necessary,provide LILCO Pole#, distance to cross streets, and location) AGENT(If applicable): 4<(r& C Mac)", Mailing Address: �,S ► 02-0 Mal ' aD� Phone Number: 3 7W__ q aJ A D Email: 9 C rel©©yt e- iM d w ams Kom IoPq Board of Trustees Applic'_ .ion lNL S°o►15 - GENEI2AL DATA y'-X k l Land Area(in square feet): r%4 [„ - U}" Zd M.i e v� C�Pnt A rP� 6►��- Area Zoning: —fz- D Previous use of property: M W rI inQ Voc .1 Intended use of property: Vim , Covenants and Restrictions on property? _YYes No If"Yes", please provide a copy. Will this project require a Building Permit as per Town Code? Yes X 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? Yes , X 'No If"Yes", please provide copy of 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: A ency Date �( 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): Pr6( 6 ax X -3b ` cxec� 6oae W14Fn Ck4rM M IV Moo Y I vl ,P-D j �i X Pc I�r+cs w-4-11 y 'tx 110 JP5 LCOA� �iA x Y "Cc A �firiVgCAS , oaUy�R� Stilk &e-dc,Lq q " rw-y fo RP (Coad. Board of Trustees Applic Lon WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Ck 4,F451� Area of wetlands on lot: 9F square feet (A L-W) Percent coverage of lot: % Closest distance between nearest existing structure and upland edge ofwetlands: b feet Closest distance between nearest proposed structure and upland edge of wetlands: Q feet Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated? t4A cubic yards How much material will be filled? WA cubic yards Depth of which material will be removed or deposited: N A feet Proposed slope throughout the area of operations: FW t 1&lAd/ Manner in which material will be removed or deposited: k b 11A[i ho G.,Q 4-b &2 "o cln b A Statement of the effect, if any, on the wetlands and tidal waters of the to that may result by reason of such proposed operations (use attachments if appropriate): -- c AA to ci `� 3 lvl -t V1/ fie. 0-m apooy lairnifi ji Q 61 Z20 Appendix B Short Environmental Assessment Form Instructions for Completing 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 1 based on information currently available. If additional research or investigation would be needed to fully 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 no L"Lo I d- T VVIn l c l ei Name of Action or Project: Project Location(describe,and attach a loca on map): KMr1n c *35-- 7- � List Zo Brief Description of Propo d ction: �.] �^ Y P0� � ,,�C� 3 k ed d"'C 7Vt�F'V1 "CJ eVIJ "- P rOVali pal JC)06--u� CIS. q m oo rlrg tok Name of Applicant or Sponsor: Telephone: ccu'1'b(v y✓► -►-�b&�� 2�(Yt�ra E-Mail: Address: 5 \JV. S City/PO: State: Zip Code: 00 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: ® ❑ la.Total acreage of the site of the proposed action? -zf 'mss b.Total acreage to be physically disturbed? �5 Ci- acres' c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? GCD'5rs-Flee 4. Check all land uses that occur on,adjoining and near the proposed action. E]Urban F-1 Rural(non-agriculture) ❑Industrial ❑Commercial ❑Residential(suburban) ❑Forest ❑Agriculture YqAquatic El Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ (� ❑ b.Consistent with the adopted comprehensive plan? ❑ _R1 ❑ 6. is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: ❑ ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES Fic Il b.Are public transportation service(s)available at or near the site of the proposed action? ® ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ® ❑ 9.Does the proposed action,meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: F-91 ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 911 a ❑ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: N)A ® ❑ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? n ❑ b.Is the proposed action located in an archeological sensitive area? l❑�1 ❑ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? (� b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ® (—j If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: IL-11 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: r%Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? PKI ❑ 16.is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? [�NO YES El b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: �gNO QYES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ❑ ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: ® ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: Fvl ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE `" Applicant/sponsor na �wri/GICs /f/00 — Date: %23"22-1 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the.following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑ ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the (� establishment of a Critical Environmental Area(CEA)? EE1:1 5. Will the proposed action result in an adverse change in the existing level of traffic or El 1:1affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑ ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: ❑ a.public/private water supplies? b.public/private wastewater treatment utilities? ❑ 8. Will the proposed action impair the character or quality of important historic,archaeological, ❑ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ waterbodies,groundwater,air quality,flora and fauna)? El Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage El 1:1problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 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 significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration, irreversibility,geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. QCheck this box if you 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. Town of Southold-Board of Trustees Name of Lead Agency Date President Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT Page 4 of 4 /j Board of Trustees Application County of SUFFOLK State of New York JOSEPH FERRERA& CAROLYN FERRERA,BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE/THEY IS/ARE THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS)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. Joseph Ferrer Carolyn Ferrera Swo nAp before me this day of _ , 2022 Notary Publi BETSY A.PERKINS Notary Public,State of New York No.01PE6130636 Qualified in Suffolk Count Commission Expires July 18, APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the Dart of Town officers and employees The purpose of this form is to Drovide 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: FERRER,JOSEPH&FERRERA,CAROLYN.,and MOORE,PATRICIA (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company: If so,indicate the other person or company name.) NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance Special Exception If"Other", name the activity: _Dock Permit Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees X 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 Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold:— Title or position of that person:_ Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship 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' = �day ofI.'YLf'2022 Joseph)% rrera Carp errera 'Patrieia-C.Moore Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) CAROLYN FERRARA and JOSEPH FERRARA, as owner of premises 185 Osprey Nest Road, Greenport, NY 11944, residing at 205 W 57th Street, Apt 8D, New York, NY 10019, do hereby authorize my attorney, Patricia C. Moore, to apply for permit(s) and appear before the Southold Board of Town Trustees on our behalf. (Owner's signature) Carolyn Ferrara '-"b (owner=s signature) Jose rrara Board of Trustees Applic,= �on PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS APPLICATION N NAME: /964 � .35-- 36 3 STATE OF NEW YORK COUNTY OF SUFFOLK , residing at , being duly sworn, deposes and says that on the day of , 20 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite 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 located at that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Signature Sworn to before me this Day of , 20 Notary Public , NOTICE OF HEARING 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: CAROLYN & JOSEPH FERRARA SUBJECT OF PUBLIC HEARING: For a Wetland Permit for a proposed 3'x36' fixed dock consisting of 4"x8" pilings with 4"x8" caps (CCA), 4"x8" (CCA) stringers, and open grade style decking within the area of a private mooring lot and adjacent to bulkhead; and to install a 4' wide path to the road. Located: Property Off of Osprey Nest Road, Greenport. SCTM# 1000-35-7-1 TIME & DATE OF PUBLIC HEARING: Wednesday, November 16, 2022 — 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 online at www.southoldtownny.gov and/or in the Trustee Office until to the day of the hearing during normal business days between the hours of 8 a.m. and BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 LAW OFFICE OF PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 631.765.4330 MEMORANDUM TO: Trustees FROM: PATRICIA C.MOORE(BY:JL) SUBJECT: Mailing Affidavit- ret((arG- DATE: CC: 6 COMMENT: Enclosed please find: 1. Affidavit of Mailing 2. Postal Receipts D E 9: E I IVE 3. Mailing List - 2022 Southold Town BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF Carolyn &Joseph Ferrara MAILING Applicant's Land Identified as 1000-35.-7-1 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I,JAIMIE LENGYEL, residing at Cutchogue, New York,being duly sworn, depose and say that: On the 4TH Day of November, 2022, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the persons listed on the attached list at the addresses set below their respective names; that the addresses set below 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 Southold, New York, that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. IMIE LENG EL Sworn rtp before me This day of WDVf 1%-,Y 2022 K S• KYLEE S DEFRESE _j (Notary Public) NOTARY PUBLIC-STATE OF NEW YORK No.01DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 RECEIPT RECEIPT RECEIPT szla 7602 7sos 6600 0020 as 9214 7902 7906 6900 0021 02 9214 7902 7906 6900 0020 96 FROM: FROM: FROM: Moore Law Offices Moore Law Offices Moore Law Offices RE:FERRARA RE:FERRARA RE:FERRARA SEND TO: SEND TO: SEND TO: Robert T.Cooper Jr Cleaves Pt Prop Ownrs Asc Herman&Darsy Demirciyan PO Box 487 PO Box 507 160 Osprey Nest Rd Greenport NY 11944 Greenport NY 11944 Greenport NY 11944 FEES ."`•`' FEES:�.�^ — FEES: K Postage --^W^ Posta9e;i' 0:81, Postage (H b 081 9 -r 0.81 Certified Fee 4.00 Cert�edlee�~— ' ''4:00 Certifiedl O 1�, '`4.00 ` Receipt // Refum Receipt' 3.25_, Returns e`ceipt 3.25 Ret Re ip� 3.25 ? Restricted Re�fribted 1 RestrJCt �j n, o R v t J�� `I TOT8.'06,, TOTAL $8.06 TOTAL 4? 06 z �V, $ >.\ n � ? POSTMARK4 J I POSTMARK.OR'DATE POSTMARK OR DATE r,. .i�-,'^,.___---•`�4�: sj. ''mac: Ferrara- Mailing List 35.-7-2 Herman & Darsy Demirciyan 160 Osprey Nest Rd Greenport, NY 11944 35.-6-30 Cleaves Pt Prop Ownrs Asc PO Box 507 Greenport, NY 11944 35.-6-29 Robert T. Cooper Jr PO Box 487 Greenport, NY 11944 LAW OFFICE OF PATRICIA C. MOORE 51020 MAID ROAD SOUTHOLD NY 11971 631.765.4330 MEMORANDUM TO: Trustees FROM: PAMCIA C.MOORE(BY:JL) SUBJECT: Posting Affidavit- FL(r0.(-0., DATE: 11 f 15 CC: COMMENT: Enclosed please find: 1. Affidavit of Posting 2. Green return slips MOO'XE LAW OFFICES A. Signature ❑Agent 51020 MAIN ROAD / '®-Addressee SOUTHOLD NY 11971 X B. R ceived by ame) C. Date of Delivery 1. Article Addressed to: Ze-- D. Is delivery address different from item 1? 11Yes HERMAN & DAIf YES,enter delivery address below: [I No R:.�;Y'?`.JEMIRCIYAN 160 OSPREY N:-=.>ST-,RD GREENPORT NY-11944 �I I�IIS i�e��811�6 SII 9290 9902 7906 6900 0020 83 2. Article Number�rransfer from service label) 3. Service Type ®Certified Mail® ❑Certified Mail® 9214 7902 7906 6900 0020 89 Restricted Delivery PS Form 381'1 Facsimile, July 2015 Domestic Return Receipt BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF SIGN Carolyn &Joseph Ferrara POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-35.-7-1 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing at Southold, New York being duly sworn, depose and say that: On the 3rd day of November, 2022, I personally posted the property known as Osprey Nest Road, Greenport, New York by placing the board of Trustees official Poster where it can easily be seen, and that I have checked to be sure the post has remained in place for eight (8) days prior to the date of the public hearing. Date of Hearing to be held on Wednesday, November 16, 2022 at or about 5:30 p.m. atricia C. Moore Sworn to before me this 15 day of OOV, 2022 I Notary Public KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supporting facts. 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# 3 - —7 - I PROJECT NAME CLU The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity,agency regulation,land transaction) ❑ (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: ❑; Nature and extent of action: Pm lo a s cd 3 A 3(o ' Ged dock— Inn fb rah atea 4 1DV�\ t k()QY-1 V QA ),d- aA&A CtCWQCC Kt +0 b'dy Q41 11110q,101- L �� ►►Cas 0 q n " cc I shri ces opfmC�ec(c�rt� W-L k t ( road- Location of action: �5� nS*O4 NV' , Site acreage: Loi- L Z,D Present land use: Present zoning classification: a- Lf O 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: (b) Mailing address: (c) Telephone number: Area Code( ) (d) Application number, if any: /V/ rl 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? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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. Ni Yes ❑ No ❑ Not Applicable S 61Y1I- �U S — c LA 005 Y-I vin 101- Vk V rb tw3 _u Attach additional sheets if nece sary W p D-S ' 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 F-Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No ❑x Not Applicable �r s 5 cs - 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 S through 16 for evaluation criteria ® Yes ❑ No ❑ Not Applicable �` x -3& Excd bac c- C ,-rv►ns �1°�a v c zc��n s cs plrl ► s, ✓1 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 L/S Not Applicable 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 IH—Policies; Pages 22 through 32 for evaluation criteria. LN ❑ ❑ )C Yes No Not Applicable cD C 1- \�,� Ci4,1 t-f,�nrle d -I�b �2�1 e C n c Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LNW Section III — Policies Pages 32 through 34 for evaluation criteria. ❑, Yes ❑ No[N Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LVVRP Section III--Policies; Pages 38 through 46 for evaluation criteria. n 1:1Ye� No® Not Applicable YI C Attach additional sheets if necessary 1 r' WORIING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in t suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ® Yes ❑ No Not Applicable (Am CYC a AN±h 0-yi\I n I ss Jud r nrt rir fc�J ro o1w ns CA 0 L\Va1L A402!M , 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 ` 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 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 M Not Applicable PREPARED BY , TITLE -DATE