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HomeMy WebLinkAboutTR-4669Albert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (5 I6) 765-1823 Office Use Only Coastal Erosion Permit Application 7Wegland Permit Application - Grandfather Permit Application Waiver/Amendment/Cban~es /'Received Application:~,/~7~& __~R3ceived Fee:$/~0 ~ ~ ~-Completed Application~/~ Incomplete t ' $EQ~ Classificati~ ~e I ~fpe II~nlisted Coordination:(date ~e~tb CAC Referral Sent: ~/~ , ~e of !nspection:~ ~Receipt~ of CAC Report: ~ .Lead Agency DeterminatiOn: [ ~ Technical Review: ~lic Hearing Held: Resolution: / ' N~ne of Applicant Crescent Beach Condominium Association Address P.O.Box 542 Greenpor% New York 11944 Phone Number:( ) suffolk County Tax Map Number: 1000 _38.1-1-22 Property Location: off of Maple Lane Orient Harbor (provide LILCO Pole ~, distance to cross streets, and location) AGENT: Patricia C. Moore (If applicable) Address: ~ P.0.Box 483, 315 Westphalia Road Mattituck Ne~ York 11~52 Phone: 516-298-5674 FAX~: 298-~664 Boa--4 of Trustees Application GENERAL DATA Land Area (in square feet):~ 68 feet x 4 feet fixed dock, outboard Tee with splash board, 3 x Area Zoning: R-80 Condominium built when land zoned M-1 in 1973 Condominium was formerly Crescent Beach Mote£ Previous use of property: residential/commercial Intended use of property: residential boat slips for 21 condo, units Prior permits/approvals for site improvements: Agency Date Pl- Rs ~nndo site plan 1973 Z.B.A condo approval 1973 Z.B.A enclosures of decks 1989 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 Has any permit/approval ever been revoked or suspended by a governmental agency?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): see attached provide small boat slips for unit owners Bo~'~4 of Trustees Application WETLAND/TRUSTEE LANDS A~PLiCATION DATA Purpose of the proposed operations: residential use Area of wetlands on lot: square feet Percent coverage of lot: % Closest distance between nearest existing structure and upland edge of wetlands: feet Closest distance between nearest proposed structure and upland edge of wetlands: feet Does the project involve excavation or filling? x No Yes for dock construction If yes, how much material'will be excavated? cubic yards How much material will be filled? cubic yards Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): minimal effect because boats are no greater than 21 feet NOTICE.TO ADJACENT pRoPERTY'OWNER BOARD OF TRUSTEESw TOWN OF SOUTHOLD In the matter of applicant: Crescent Beach Condominium Association SCTM~1000- 38.1 - 1 - 22 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Extend existing'dock with 68 feet x 4 feet fixed dock, outboard Tee with splash board, 3 feet x 10 feet ramp, and 6 feet x 20 feet float and 7 slips for condominium units (a~ditional slips) 2. !That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Crescent Beach Condominium 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: Crescent Beach Condominium Association c/o Patricia Moore Esq. MAILING ADDRESS: P.0.Box 483 Mat~ituck N.Y. 11952 PHONE ~: 516-298-5629 Enc.: Copy of sketch or plan showing proposal for your convenience. Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ~ART I~PROJECT INFORMATION (To be completed by Ai3plicant or Proiect spbnsor) SEQ t. APPLICANT/SPONSOR I 2. PROJECT NAME Crescent Beach Condo. Assoc. I dock extension 3. pROJECT LOCATION: off of Maple Lane Municl0allty Greenport County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarl~s, etc., or provide map) 1000- 38.1-1 -22 Orient Harbor extension to existing dock 5. tS PROPOSED ACTION: [] New [] Expansion [] Modiflcetlonlalterat for DESCRIBE PROJECT BRIEFLY: 68' X 4' fixed dock, · .6' x 20' ilo. at outboard Tee with splash board 3' x 10' ramp 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~ Yes [] No If No, describe brie[ly WHAT IS PRESENT LAND US;: iN VICINITY OF PROJECT? ~ ae,identlal [].!ndus,,i~l [] Comme,'atel [] Agri0.,,.r~ Describe: slips for existing condominium [] Park/Forest/ODeR space i--~ Other 10. ODES ACTION INVOLVE A PERMIT APPROVAl_ OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY, STATE OR LOCAL)? ~ Yea [] No If yes. list agency(s) and permitfapproval$ -'. g. E. ~. approved FEDERAL, ODES ANY ASPECT OF THE ACTION HAVE A CURREN,TLY VALID PERMIT OR APPROVAL? ~--] Yes [] No If yes, list agency name and l~ermiUa0proval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes I~NO .? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE 8EST OF MY KNOWLEDGE AofAicantls~onsor name: ~ Gregory Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastsl Assessment Form before proceeding with this a.s.~essment OVER 1 ,T II--ENVIRONMENTAL ASSESSMENT (To be completed by Agency) ;~. 0OES ACTION EXCEED ANY TYPE -~SHOLD IN 6 NYCRP,. PART 617.127 If yes, coo~ .la the review process and use the PULL E'AF. ' S. WILL ACTION RECEIVE CCORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaratlor may be superseded by another involved agency. ' 0 Yes ~ No C. COULD ACTION RESULT IN ANY AOVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answere may be handwritten. I[ ~eg~ble) C1. ~istlng air ~uality, surface or groundwater quality or qu~,ntlty, noise tevels, existing traffic patterns, solid waste ~roductlon or dlsDosa~ potential for erosion, drainage or [Ioodtng problems? ~Dlain br[efl~ C?.. Aesthetic, agricultural, archaeological, historic, or other natural Or cultural resources; or community or neighborhood character? ~xplain bHefl C3. Vegetation or fauna, fish. shellfish or wildllfe species, significant habitats, or threatened or endangered species? Exl31atn briefly: C4. A community's'existing plans or goals ae officially sdoctec~, or a change in use or Intensity of use of land or other natural resources? Explain brief C5; Growlh. subseauent cleveloDment, or related activities likely fo be induced by the ~3roposed action? ~:xplaln briefly. CS. Long term. short term. cumulative, or other effects not identified in C1-C57 Explain bdefty. C7. Other impacts (incl[Jding changes in use of either quantity or type of energy)? ~--~plain briefly. O. IS THERE, OR IS THERE WKELY TO BE, CONTROVERSY RELATED TO POTENTIAL AOVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, Important or otherwise significan: Each effect should be assessed in connection with its Ia) setting (i.e. urban or rural); (bi probability of occ~rJ~3g; (c) duration; (c i[reversibility; (e) geographic scope; and (fi magnituc~e. If necessary, add attachments or reference supporting r~aterials. Ensure the explanations contain sufficient detail to show that all ,relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive' declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, lhat the proposed action WILL NOT result in_Gny significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: PROOF OF MAILING OF NOTICE ATTACH CERTIFIED ~AIL RECEIPTS Name: 1000-38-8-1 ~enry Paulisen & wf., as Trustee Address: Maple Lane, Box 152 East Marion, N.Y. 11939 1000- 8- 4.1 James P. Kavanagh & wf. 1000- 38 - 7- 10 Peter Mourkakos Box 223, Greenport N.Y. 11944 180 Elder Ave., Bergenfield N.J. ~7621 <:J6~ ~. ~Pdv '0{)~ wJo-~ Sd 7 37th Avenue, Long Island City York 11101 Margaret Rutkowski , residing at Mattituck, NY · being duly sworn, deposes and says that on the 28th day of May ,19 96 _, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said. persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Mattituck, NY , that said Notices were mailed to each of said persons by (certified) ~m~n3i~s~l~ mail. Sworn to before me this day of Ma~ ,19 96 .Notary Public 28th Margaret Rlutkowski PATRICIA C. MOORE Notary Public, State of New York Suffolk County - No. 4861668~, Commission Expires June 16,_.~ Be~rd of Trustees Application County of Suffolk State of New York Gregory Miller BEING DULY SWOP~N DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROV~.D BY THE SOUT~OLD 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 CLA/MS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HE~V. RY 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. Notary Public PATRICIA C. MOORE Notary Public, State of New Yot~ Suffolk County - No, 4~61668 Commission Expires June 16, ~ ~ Ho d of Trustees Application AUTHORIZATION (where the applicant is not the owner) Gregory Miller residing at 65 Lahey Street, NewHyde Pk. (print owner o~ property) (mailing address) Cresceot Beach Condominium Assoc. N.Y. 11040 on behalf of do hereby authorize Patricia c. Moore, attorney (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. re) Gregory Miller Alber~ J. Krupski, Presiden~ James I{ing, Vice-Presiden~ Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-18~r2 Fax (516) 765-1823 BOARD OF TOV~N TRUSTEES TOV~N OF SOUTHOLD March 26, 1998 Larry Tuthill P.O. Box Greenport NY 11944 RE: CRESCENT BEACH CONDOMINIUMS ASSOC. SCTM $38-1-1-22 Dear Mr. Tuthill, The following action was taken at the Southold Town Board of Trustees meeting on March 25, 1998: approve the it $4669 to install splash RESOLVED~ that the Southold Town Board of Trustees -~ ~ an Amendment to p~rm ~ --~ original spacing of ~o~xisting dock ~o~ ~r~a~;~Lane~ Orient Harbor. 1 1/2 feet off bottom H~wever, this does not constitute approval from any other agencies. If you have any questions, please call our office at 765-1892. SinCerely, sincerely, Albert J- grupski, Jr. President, Board of Trustees AJK/djh Telephone (516) 765-1801 Town Hall, 58095 Main Ro~d P.O. Box 1179 $outhold, New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL T~he~ following recommendation was made at the meeting of the Southold Town Conservation Advisory Council held Thursday, November 13, 1997: YhTCouncil has NO RECOMMENDATION for the Amendment to Permit Request 0f,I CRESCENT BEACH CONDO ASSOC. 38-1-1 to 22 to install splash board with 2" spacing. Off of Maple Lane, Greenport ~e to lack of information, the CAC does not have a recommendation for this / Board Of $outhold Town Trustees SOUTHOLD, NEW YORK DATE:....1.~LZSI% ....... ISSUED TO ..... Pursuant fo fhe provisions of Chapfer 615 of fhe Laws of fha S~afe of New York, 1893; and Chaplet 404 of fhe Laws of ~he S~te of New York 19~21 end fhe Sou~hold Town Ordlnence eh- tilled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS end fhe REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS~" ~nd in accordance wifh the Resolution of The Board adopted ~ ~ meeflng held on ,1~L% .... 19%._., ~nd in consideration of ~he sum of $.~5.0..0.~ p~id by Pat. Moor.e..for ,,C.RESCEM~ ~EA~. CQ~D,O,~!.~,!~.~.~ ............... Terms and CondO+ions JJsfed on f~e reverse side 'hereof, of Soufhold Town Trusfees aufhoHzes and permlfs fhe following: Wetland Permit to extend exist, fixed dock with a 4'X40' ~ck ~h splash boards rMsed 1 1/2' off bottom and 2' apart, add a 4~ wide "T" dock with sptash board extending 20' out on eaeh siC of fixed dock, with two DiH~gs, and that the boats be ramoved by all in accordance w~fh f~e defa,Jed speclficaflons as pre~nfed in Oct.fhe or;gJnafing applJcaflon. 1st, during scMlop season. IN WITNESS WHEREOF, The said Board of Trusfees here- by causes ifs Corporafe Seal fo be affixed, and fhese presenfs fo be subscribed by a majoHfy of fhe said Board as of fhis daf, e. Albert J. Krupski, President John Holzapfet, Vice President /Jim King Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD FINDINGS REGARDING THE CRESCENT BEACH APPLICATION 1) The extension of the present dock will "Cause damage from erosion, turbidity or siltation?that will confound the already existing problem, the applicant states that shoaling has occurred on the west side of the existing dock. This shoaling is due to the interruption of the natural littoral flow by the existing dock. the fact is that the batter boards on this dock are acting as a jetty trapping sand on the west side of this dock, and in the process burying the eel grass beds on the west side of the existing dock. Any extension of this dock will only contribute to this damage caused by siltation. 2) The extension of the existing dock will "Adversely affect the fish, shellfish, or other beneficial marine organisms, aquatic wildlife, and vegetation or the natural habitat thereof". This dock and the proposed extension are in is an area that harbor a productive eel grass bed. this fact has been documented by observations in the field by the town trustees. It is common knowledge that the eel grass beds of the Peconic bays have been on the decline since the advent of the Brown Tide. The eel grass beds are the favored habit of the Peconic Bay Scallop which has also.been greatly impacted by the recurrent Brown Tides of the last 10 years. It is imperative that we carefully protect this valuable habitat in order that the Bay Scallop fishery is given a chance to recover. The extension of this dock will significantly impact the eel grass bed at this location and the Bay scallop population that. 3) The extension of this dock will" Otherwise adversely affect the health, safety and general welfare of the people of the town" by restricting access to the public underwater land, and changing the productivity of those underwater lands, resulting in an economic loss for the shellfishing public. The underwater land under and around the docks in this area has always been a productive shellfish growing area. It was a serious mistake to allow this area to become a what is essentially a large marina, and in doing so the public access for shellfishing to these valuable underwater lands has been restricted. By further restricting the public access to this area by allowing the size of this dock to increase, the Board of Trustees would be legitimizing the mistakes of the past by repeating them in the present. 4) Although the Trustee policy concerning the extension of property line out and across public underwater lands may not agree with what is commonly accepted in other areas, it is a policy that to date has allowed for the reasonable and fair access to the water by waterfront property owners in Town of Southold. The placement of all the dock in this area has been based upon this policy, and a shift in policy to some other system at this time would leave the whole system in disarray, simply for the benefit of one property owner. Additionally it should be pointed out that the Exhibit "A" contained in the Memorandum of Law submitted with this application diagramming the" Headlands to Headlands" policy is faulted in that it dose not correctly draw the line from headland to headland, but draws the line from headland to middle of the cove. Albert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 November 25, 1996 Patricia C. Moore P.O. Box 483 315 Westphalia Road Mattituck NY 11952 Re: CRESCENT BEAC~ CONDOMINIUMS SCUM ~38.1-1-22 Dear Mrs. Moore, The following action was taken by the Board of Town Trustees during its regular meeting held on November 22, 1996, regarding the above matter: WHEREAS, CRESCENT BEACH CONDOMINIUMS applied to the Southold Town Trustees for a permit under the provision~ of the Wetland Ordinance of the Town of Southold, application dated Ma¥ 29, 1996, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Pu]~lic Hearing was. held by tho Town Trustees with respect to said applicatio~ o~ November 22r t996, at which time all interested persons were given an opportunity to be heard, and, WI-IERE3~, the Board members have personally viewed and are familiar with the premises in~ q~estion and the surro~m~ng area, and, WHEREAS, the Board has considered all the testimon~ and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 97-18 of the Southold Town Code, WHEREAS, the Board has dete~ned 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 the Board of Trustees approves the aDptication of CRESCENT BEACH CONDOMINIUMS to extend existing fixe~dock with a 4' X 40' dock with splashboards raised. 1 1/2' off bottom and 2' apart, add a 4' wide "T" dock with splashboard extending 20' out on each side of fixed dock, install 51 mooring piles, a 3' X 10' ramp and a 6' X 20' float with two pilings, and that the boats be removed byOctober 1st during scallop se~on. BE IT FURTH~.R RESOLVED that this determination should not be considered a determination made for any other Department or Agency which may also have an application pending for the same or similar project. Permit to construct project will expire two years from the date it~!is signed. Fees must be paid, if applicable, and pe~mit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. FEES: None Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees DEC Dept. of State Telephone (516] 765-1801 Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the Southold Town Conservation Advisory Council meeting held Wednesday, November 13, 1996 the following recommendation was made: No. 1362 CRESCENT BEACH CONDOMINIUMS 38.01-1-22. The CAC has not changed its opinion since its original recommendation of June 24, 1996 to disapprove. PATRICIA C. MOORE Attorney at Law 315 Westphalia Road P.O. Box 483 Mattituck, New York 3.1952 Tel: (516) 298-5629 Fax: (516) 298-5664 October 29,1996 BY HAND Southold Town Trustees Southold Town Hall 53095 ~ain Street P.O.Box 1179 Southold, New York 11971 Margaret Rutkowski Secretary RE: CRESCENT BEACH CONDOMINIUM Dear Jill, Enclosed please find three prints of an "as built" survey prepared by Joseph A. Ingegno, Land Surveyor for the above referenced property. In confirmation of my telephone conversation with your office, the Crescent Beach Condominium dock permit application continuation of the public hearing is scheduled for your next regularly scheduled meeting on November 19,1996. If there is anything else you or the board need please do not hesitate to contact me. V~~y yours, PATRICIA C. MOORE Attorney at Law 315 Westphalia Road P.O. Box 483 Mattituck, New York 11952 Tel: (516) 298-5629 Fax: (516) 298-5664 September 17, 1996 BY HAND Board of Town Trustees Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Crescent Beach Condominium Association Application for Wetlands Permit Dear President Krupski and Members of the Board: Enclosed please find five (5) copies of a Memorandum of Law for the above referenced matter. This matter is scheduled to be discussed at your meeting on September 25, 1996. Very truly yours, PCM/mr Encls. cc w/eno.: Patrick Regina John Geideman Larry Tuthill MEMORANDUM OF LAW FACTS The Crescent Beach Condominium Association made a reasonable application which was approved by the DEC and Army Corp.to extend their existing fixed dock with a 4'x 68' dock with splashboard; add a 4' wide "T" extending 20' out on each side and install seven mooring piles, 3'x 10' ramp and 6'x 20' float with two pilings. The "L" portion of existing fixed dock shall remain. The existing dock has experienced shoaling and the depth along the length of the existing dock is on average 30 inches in depth at mean low water. Moreover the Condominium has 21 units but only 7 usable slips. Of the 7 slips, the 3 slips closest to Shore have only 2 feet of water depth at mean low water or less. In an effort to reach a reasonable compromise and avoid litigation with the Trustees, the Crescent Beach Condo. Assoc. agreed to reduce their original request to the following: 4'x 40' extension to existing fixed dock with splashboard; a 4' wide "T" extending 20' out on each side and install only five mooring piles, locate the existing 3'x 10' ramp and 6'x 20' float within the area of the. fixed dock, and the "L" portion of the existing fixed dock to remain for greater protection from wave action. The floating docks and dock lines will be removed by the first Monday, in October of each year. The request is less than what Crescent Beach Condo. Assoc. is legally entitled to construct. The adjacent fixed docks, on average, are 250 feet long. The Trustees have approved these docks on every property within this cove. The following docks were approved on the adjacent properties: Cleaves Pt. Village(SCTM #1000-38-7-4.2,8 & 38-2-1,45) 6~x 245' fixed pier, 6'x 110' outer "T" etc. on July 5,1994, permit extended for one year on 0ct.30,1995. Peter Fakiris, GUSMAR Realty (SCTM#1000-38-7-12) 6'x 370' fixed pier, 6' x 62' outer "T" etc. on or about 1991 200'extension denied by DEC January 1992. Cleaves Point Commons (SCTM#1000-35-7-4.2) 6'x 205' fixed pier etc. approved prior to April 1993. The adjacent property owner, Mr. Paulisen, has objected to the Crescent Beach extension claiming that the Crescent Beach Condo. Assoc. extends beyond the lateral boundary of their property. Mr. Paulisen is in error, as a matter of law, on the lateral boundary determina~i6n. LAW RIPARIAN RIGHTS: "PROPERTY OWNERS FRONTING ON TIDAL, NAVIGABI~ WATER, }{AVE THE' RIGHT TO DIRECT ACCESS TO NAVIGABLE WATER." It is well recognized by the Courts that "riparian owners have the right of access to navigable waters including the right to construct a dock...These rights have been defined to include: 1) use of water for general purposes as bathing and domestic use; 2) wharfing out to navigability; access to navigable waters." Town of Islip v. Powell, 78 Misc.2d 1007,358 NYS2d 965 (Sup. Ct. Suff., 1974); Arnold Inn Inc.v. Morgan, 35 AD2d 987,317 NYS2d 989 (2ndDept., 1970);Town of Hempstead v. Oceanside Yacht Harbor Inc., 38 AD2d 263,328 NYS2d 8894 (2nd Dept.,1972) affd. 32 NY2d859,346 N¥S2d 529 (1973); Town of Hintington v. W.Wilton Wood Inc., 97 AD2d 781, 468 NYS2d 520 (2dDept., 1983); Sanford Friemann v. Southold Town Trustees,Supreme Court, Suffolk County (Underwood, Jr., J.S.C.)May 15,1995. LATERAL BOUNDARY DETERMINATIONS: The Lateral Boundaries, or side lines, are determined by preliminary rules laid down by the New York Courts which are then reviewed in order to achieve equitable apportionment of frontage and access rights. Lateral boundaries are extended in the following manner: On tidal and navigable water bodies, a line is extended from the intersection of the high water mark on the shore at right angles to the navigational channel. Where the shoreline is concave (as with Crescent Beach and adjacent properties), the outshore lateral boundary lines are extended in such a manner that they are either perpendicular to a baseline drawn between the headlands of the indenture or concave cove. (see illustration from Warren's Weed New York Real Property, Section 6.10);Huguenot Yacht Club v. Lion, 43 Misc.2d 141, 250 NYS2d 548 (Sup. Ct. Westchester County,1964). This rule of law was properly applied by the New York State Department of Environmental Conservation , the United States Corps. cf Engineers, and this board which approved the existing dock of the Crescent Beach Condo. Association in it's present location. Attached as Exhibit "A" is an enlargement of the Suffolk County Tax Map with the lateral boundaries drawn and all the existin~ Structures in the cove which have been approved by the Southold'To~n TrUstees. As you can see from this drawing, the existing Crescent Beach Condo.Association dock is the only dock which conforms to the law of Lateral Boundaries. The Previously constructed dock, as apprOved by the Trustees, of Gusmar Realty interferes with the riparian rights of the Crescent Beach Condo. ASsoc. The incorrect lateral boundary which Mr. Paulisen claims should be followed would be contrary to the law and reasonable application. The lateral boundary Mr. Paulisen has drawn would converge in such a manner as to prevent Crescent Beach Condo. Assoc. from securing access to navigable water.(see attached Exhibit "B" which shows how the prolongation of the Crescent Beach Condo. AssOc. property line converging in such a manner as to prevent Crescent Beach Condo. Assoc. from navigable water.) This result is clearly contrary to the legal principal that waterfront owners have the right of access to navigable water. By properly drawing the lateral boundary, Mr. Paulisen will continue to have 360 feet of waterfront unencumbered by the Crescent Beach Condo. Assoc. structures. CONCLUSION The law is clear that the Crescent Beach Condominium Association, the New York State Department of Environmental Conservation, The Army Corp., and the Southold Town Trustees have properly located the existing dock and that as a matter of law the proposed extension of the existing dock is reasonable and must be approved by the Southold Town Trustees without further delay. LAND U WAT -- 111 ILLUSTRATION Section 6.10 WARREN"S WEED NEW YORK REAL PROPERTY o.g r_/w. S 83'45'01~' W 198.46' GAI~DINEItS BAY Ooc~ // EXbIIBI~ % ® EXHIBIT "A"