The URL can be used to link to this page

Home My WebLink AboutBEIXEDON ESTATES ASSOCIATIONPUBLIC HEARING OCTOBER 25, 1984 8:15 P.M. IN THE MATTER OF THE WETLAND APPLICATION FOR BEIXEDON ESTATES ASSOCIATION TO MAINTENANCE DREDGE USING SCOUP SHOVEL IN HIPPODROME POND, PROPERTY LOCATED AT ORCHARD LANE, SOUTHOLD, NEW YORK. PRESENT WERE: President Henry P. Smith Vice-President John Bredemeyer Trustee John Bednoski Trustee Frank Kujawski Secretary Ilene Pfifferling TRUSTEE SMITH: This is a public hearing on the application of Beixedon Estates Association to maintenance dredge 50 to 60 cu. yds. using scoup shovel in Hippodrome Pond, on Property located at Orchard Lane, Southold, New York 11971. Is there any one here representing the Beixedon Estates Association? MR. LATHAM: I would like to make a statement and someone may wish to add to it. Mr. Hoey represents the outside of this (showing map). The opening ~o the pond is now rlqht along side of Dr. Simons house. It runs right past the underbetting for his house. We are in favor of this for the following reasons, one of them being that it is a threat to this house, in the winter time having waters going through there. We have pictures of November stream. In addition to the swimming beach on Beixedon side has been largely spoiled at least on one side of it. A large sand bar has built up. This has closed up before and we think it may will close up again and we will go through this whole thing again. There are two questions for this. Before this thing is approved the opening where the applicant would like it to be, 80' down the line. We were hoping that our friends to the west across the creek, m~ght go along with the opening of that petition. MR. ROGER ROTH: I am a resident off of Hippodrome Drive. I look out on the pond. For the last 40 years this area has been subject to storms out of the east and southeast. The upland of this creek has moved east and west regularly with the storms. It has opened up by its own accord sometimes, other times it had to be opened. This was before the 1972 wetlands declaration. The Association, at that time~ was opening up this pond to get drainage, as it was plugged. This drainage takes care of Rt.25 no~th from approximately Southold in, along Mrs. Lewis office all the way down to Coveys Vegetable stand. The drainage comes off of the north side, comes down in~o this drainage area into Hippodrome Pond and they supposedly out the creek. I% gets blocked off and because of this periodic block off we get the mosquito breeding, rotten vegetation, biting flies that build up around the vegetation and so on. We are interested Public Hearing - Beixedon Estates Association Page 2. October 25, 1984 in maintaining an opening in there. Just like the D.O.T. would be interested in the drainage of route 25. It does not make any difference to the members of the Beixedon Association whether the property belongs to one party or the other party. What we are interested in is the maintenance of the drainage. If it is one parties property we will chip in, if it is the other parties property they should be paying. We have a health problem. Mosquito breeding problem and a drainage problem. I think as far as I'm concerned, speaking and there are many members of the association that the town should give us permission to ope% this up whenever this gets blocked up. We could have a storm next week. It could be blocked, then another storm, then we could go two years or more as it has been in the past. We have to have permission to open this drainage up. TRUSTEE SMITH: Will you pursue this idea of cooperation between the sides? Mr. ROTH: Nothing has been decided yet. MR. JOSEPH HOEY: I live on Town Harbor Lane, Southold. It is my claim and my sister-in-law who own the property on which they now decide to dredge. My title goes back to the Terry Brothers. Here is a survey of 1926 showing the land, which indicates that the line of demarcation. They list posts where the creek was opened. What they want to do now, is move it over. The location where they dug through now, is about where it always was. They want to move it over. (Shown on map) We have other surveys that show the same thing. What they are goang to do, and if you say they can, they will be taking our property. It will be an article 78. Taking our property. They will gave them the raght at all times to use the east when ever they come here. We will have no say. They will have the rights over our land. For that reason I object to the presen~ location. Do I believe as the creek presently stands should be released, in one of two ways. Either they close up the gutter, a man made thing, and it's not a natural creek, so that you do not have a question of evolslon or ecreation that does not apply there. Unfortunately I can say that I'm probably the one who set the law, in the State of New York in the Federal Courts dealing with Breezy Point, in cases of the State tryang to take land. There are two alternatives, either this gets clogged up altogether, and the town or county creates a situation where this is a natural spring fed fresh water pond and you got to take about 4 years to conErol the mosquito lava in there. Let this revert back.., or they can continue to dig it ou~ where someone dug it out. I am going to object to it. TRUSTEE KUJAWSKI: Your proposal to solve the problem of the house which seems to be undermined, as close it off. Public Hearing - Beixedon Estates Association Page 3. - October 25, 1984 MR. ROTH: I gave tow suggestions. has nothing to do with the house. the gutter. That is one of them and it The other one is to close up MRS. PATRICIA SIMONS: Dr. Simons and I own the house on.bloc~ 6 lot 5. The creek abuts our bulkhead to the west. We have been there 15 years. As long as we have been there the creek has opened up halfway or more west of us. About ten years ago the creek did close up and we were granted permission to go in there and do maintenance dredging. They felt at that time there would be no adverse effect to the environment. We ask that this avail again. That creek now as it is, is very swift and more narrow with very deep sides at high water, it is a safety factor. TRUSTEE SMITH: I don't think there is a problem that we would gzve permzssion to open this up, but I think Bexideon Estates and you will have to get together to decide how this is going to be done. That is one of the stumbling blocks now. MRS. HOEY: Ail I wanted to say is that they are complaining because it has gone over in front of Mrs. Simons house. I know it has. I don't know if they realize that in front of our entire 100 ft. or more there we have lost our beach. We have not had a beach, my brother can't even put his steps down,.for the last 5 years because the creek came over and we were not allowed to put it back. Now they want 80 ft? Why did they pick 80 ft? MRS. ROTH: The way the origional flow, this goes back ten or 15 years. MRS. HOEY: Go back to 1921. MR. ROTH: opened to opened. You mentioned that they did not allow the creek to the west. We would of been happy %o see that creek be PUBLIC HEARING ON THE ~ETLAND APPLICATION OF BEIXEDON ESTATES ASSOCIATION for a Wetland Permit. October 25, 1984 Trustee Smith: Beixedon Estates Association to maintenance dredge using scoup shovel in Hippodrome Pond, property located at Orchard Lane, Southold. Is there any one here representing Beixedon Estates Association? Mr. Lat~am : I would like to make a statement and someone may wish to add to it. Mr. Hoey represents the outside of this (showing map). The opening to the pond is now right along side of Dr. Simons house. It runs right past the underbetting for his house. We are in favor of this for the following reasons: one of them being that it is a threat to this house. In the winter time having waters going through there. And we have pictures of November stream In addition to the swimming beach on Beixedon side has been largly spoiled at least on one side of it. A large sand bar has built up. This has closed up before, and we think it may well close up again and we will go through this whole thing again. And thsre are two questions for this. Before this thing is approved the opening where the application would like it to be, 80 feet down the line. We were hoping that our friends to the west across the creek, might go along with the opening of that petition. Mr. Roger Roth: I am a resident off of Hippodrome Drive, I look out on the pond. For the last 40 years this area has been subject to storms out of the east and southeast. The upland of this creek has moved east and west regularly with the storms. It has opened up by its own accord sometimes, other times it had to be opened. This was before the 1972 wetlands declaration. The Association at that time, was opening up this pond. to get drainage, as it was plugged. This drainage takes care o~25 north from approximately Southold inn along Mrs. Lewis office all the way down~to~oveys Vegtable stand the drainage comes off of the north side comes down into this drainage area into hippodorme pond and they suppositly out the creek, But it gets blocked off and because of this preodic block off we get the mosqueto breeding, rotten vegitation, biting flies that build up around the vegitation and so on. We are interested in maintaining an opening in there. Just like the D.O.T. would be interested in the drainage of route 25. I doen not make any difference to the members of the Beixedon Association whether the property belongs to one party or the other party. What we are interested in is the maintainance of the drainage. And if it is one partys prope rth we wll chip in, if it is the other parties property they should be paying. We have a health problem. Misqueto breeding proble, a and a drainage problem. I think as far as I'm concerned, speaking and there are many members of the association, that the town should bie us permission to open this up'whenever this gets blocked up. we could have a storm next week. it could be blocked, then another storm, then we could go two years, orm ore, as it has been in the past. We have to have permittion to open this drainage up. Trustee Smith: Will you pursue this idea of cooperation between the sides/ r. Roth: Nothing has been decided on yet. ~Mr. Joseph Hoey:L~ive on ToWn Harbor Lane, SoutholJ. My wife and :53~s~er i /: IV is my ~lai~ and my s~ster-in-law own the propert~=e~=w~h /v~r which %he~ now dec~de~ to ~y title gog~ back to the ~erry brothers. One ram~ farmland and ~nd the oth~ was farming p~oduce. One brother t°~ one part of ~he land end'the other took ~he other. A line of ~&marcation was ~ut up. Thin, put up a fence. ~We have photos of ~his. They ~ecided that ~ppodrOme creek ,%<Which is fed be w~l~s. They would In~ddit~on to that title has remained in the Ba~ family. Bailey Here i~ survey o5 1926 shewing the~,land, which;~dicates that the l~ne oF~emarca~%on, and they lzs~posts whep~ the creek was oper~d. What t~y w~t to do now, is ~ove it o~r. The location whe/re they dug through~nsw, is about w~e~e it ~iways was. They ~nt to move it over. ( s~wn on map) . We ~a~p%her surveys In addition to that title has remained in the Daly family. We were paying taxes on this property all the time. Since 1919. Here is a survey of 1926, showing the land, which indicates that the line of demarcation goes, and they list posts, right out here,(shows map) where the creek was. The one they dug through now, is about where it always was. We have other surveys showing the same thing. What they want to don now is move it ofer. this is where it always was. We have other surveys showing the sa~e thing. What they want to do now, is move it over there. What they are going to do and if you say they can, they will be taking our property. It will be an article 78. Taking our property. They wil bive them the rightat all times to use the east when ever they come there. We will have no say. They will ha ve rights over our land. For that reson I iobject to the present location. Do I believe as the creek presently stands should be released, in one of two ways. Eithere they close up the gutter, a man made thing, and its not a natureal creek, so that you do not have a question of evolsion or ecreation that doen not apply there. And unfortunatly I can say that im probably the one who set the law, in the state of new youk in the federal courts dealing with breezy point, in cases of the state trying to take land. There are two alternatives, either this gets clogged up altog~th,~and the town or county creates a situation where this is a ~ed fresh water pond, and~y~u ~ka~m~- got to take about 4 yrs to control the mosqueto lava. Let th~s revert baCk t~ before the Terry Bros. or they can continue to dig it out where ~-~omeone dug it out,. I am going to object to it. Trustee Kujawski; your proposal to solve the problem of the house, which seems to be undermined, is Close it off. Mr. Roth: I gave two suggustions. That is one of them, and it has nothing to do with the house. The other one is to close up the gutter. Mrs. Patricia Simons: Dr. Simons and I own the house on block 6 lot 5 , The creek abuts our bulkhead to the west. We have been ther 15years. as long as we have been there the creek has opened up halfway or more west of us abouta year ten years ago the creek did close up and we were granted permission to go in there and do maintenance dredging and they felt at that time ~here would be no adverse effect to the environment. We ask that this availed again so that our recreation physcility an also onething that was not mentioned that the creekn now as it exhistn now is very swift and more narrow with very deep sides at high water it is a safety factor. Trustee Smith: WOne of the problems h ere it think, I dont thing there is a problem that we would give permittion to open this up, but i think Bexideon estates and you will have to get together to how this is goint to be done. ~hat is one of the st%unbling blocks Mrs. Hoey: all i wanted to say is that they are complaining because it has gone over in front of Mrs. Simons house. I know it has. · dont know if thery realise that in front of our entire 100 ft. or more there we have lost our beach. We have not had a beach, my brother cant even put his steps down. for the last 5 years, because that creek came over/ and we were not allowed to put it back. Now they want to go 80 ft. why did they pick 80 ft? Mr. Roth: 15 years. The way the origional flow, this goes back ~=ten or Mrs. Hoey: Go back to 1921. Mr. be opened to the west. We would of been happy to opened. Its your pr9peryt. Mrs. Hoey: We went down to do it many years ago. from doing this. Roth: You mentioned that they did not allow the creek to see that creek but were stopped. Trustee Kujawski; It is agreed that the creek has to be opened. the spot that you showed me on the map. Mrs. Hoey: We own up to the present opening and the title to the upa We own ti~ up to the middle of the creek, as it now stands. The other half is owned by someone else. Your saying you own out to three ft. Trustee Kujawski: Ther is no common ground. Is that what your saying? There has to be some communication established. You can submit your agreement in writing if you can non attend on 26th. Trustee Smith: We will recess this hearing until our nov 26th~ meeting, hopefully an agreement can be made by the parties involeed. On motion made by Trustee smith seconde by trustee Kujawski it was resolved BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold. New York 11971 TELEPHONE (516) 765-1892 January 11, 1985' Mr. Henry J. Latham Box 595 Southold, New York 11971 Dear Mr. Latham: Please be advised that the next regular Trustee Meeting will be held on January 30, 1985, if you wish to resume the Public Hearing regarding the wetland application of Beixedon Estates Association. The Public Hearings will start at 8:00 P.M. Very truly yours, Ilene Pfifferlafn~, &'Sec. for Henry P. Smith, President Hoard of Town Trustees BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 I~LEPHONE (516) 765-1892 January 11, 1985 Mr. Joseph P. Hoey 1505 Kellum Place Mineola, New York 11501 Dear Mr. Hoey: Please be advised that the next regular Trustee Meeting will be held on January 30, 1985, if you wish to resume the Public Hearing regarding the wetland application of Beixedon Estates Association. The Public Hearings will start at 8:00 P.M. Very truly yours, Ilene Pfifferling, Sec. for Henry P. Smith, President Board of Town Trustees November 26~ 1984 - Agenda Attached is a letter from Mr. Henry J. Latham relative to the request for continued recess on the application of Beixedon Estates. CORRESPONDENCE NO. 8 This is in regard to the Wetland Application for Beixedon Estates Association. They are asking to continue to recess the Public Hearing until January 1985. JOSEPH P, HOEY November 9, 1984 Board of Tow~ Trustees Town of Southold Town Hall 53095 Main Road P. O. Box 728 Southold, NeW York 11971 Re: Application of Beixedon Estates Gentlemen: On October 26, 1984, the application of Beixedon Estates Association came on for hearing before you. At that time, Mrs. Hoey and I raised certain objections to the granting of the application. After considerable discussion, the Trustees recessed the hearing until Monday, November 26~ 1984, suggesting that both Beixedon Estates and the Daly- Hoey group endeavor to reach some accommodation. Pursuant to that, a meeting was held in my home on Town Harbor Lane on November 4, 1984, at which time the matter was fully discussed by a committee of the Beixedon Association and members of the Dalyi~oey group. A walking examination was made of the~gutter~F~leading into Peconic Bay. At the conclusion of the meeting, Beixedon kssociation offered to make certain proposed changes in the configuration of the'~gutte~and other suggested changes made by the Daly-Hoey group. It was the unanimous opinion of both sides that an application for a continuance be granted for at least a month, and probably two months, to work out the details, particularly in light of the holiday season approaching. In light of this, I was requested to contact the Town Trustees and request a further adjournment of the hearing until the January 1985 meeting. I thereupon make this request. Very truly~3~ours, ;~ i!:i! Iq,'O.r: '~'"'li.'l~'l,. 'ii,. ,Pd 'r.v.,. Il:d; ~.1~ .... Ih:ad. dinauee o f the Tovm o('~out~_old: · l~[khead · to 8m~ge ami bdckfill on pro~- eli)- [ocated at 750 Budd'a Pond ~ad, WiBow'Poiht; 8:05 p.m..- In ~ho mat~ of tim application ofWil)ow ~oint prop. } er~y.. Ow~em .Ass6eia/.i0n ' Pond. Channel, ~mo~iug' sand pmpe~y. ]olra~d a[ Bay Home. · ~ad, 8:10 p.m. - ~ ~h~ matmr of two ~oa~ing do~ks ~)n ca~ at: 6060 Main Bayview Ro~, Sou~hold, JUDITH &?MEN 4L6 !,3.~, Suffcdk County E~re. March ~ 19~ STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) ANNA LEKKAS o~ Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week'for ONE weeks successively, commencing on the 11 day of ocm¢~B~.~ 19 8 4 Sworn to before me this ]. l . dayof 0c~cob~r 19 84 COUNTY OF SUFFOLK ss: STATE Of: NEW YORK Wbl'LAND A PPI.|CA'I'IO.~ NOTK. E IS HEREBY GIV- EN ihal pubh¢ I~earin~ls will be hckl b) thc 'l~'*'n 'I'iu~tReS of .he 'l'.~n of Southoki. u: Sou~hold ]own Half. Main g~ad, SouthokL ~ew York. Oll Ti~ursd9~, October Z~. 19~4 on Of IJlL' WetJuTtd .OrdJnaTwa of kw 'rc)w~ of 'SouLhokl: thc application of Bernard O. ~O~'~Jf~ aSSL'lJlhJy; I0 and ~aekfill 4)n pmpcrt~ Ioc'aL- c~l ~U ~50 ~dd'~ Pond Road. Will.~ PObll. ~oTiiho]~. ~:()~ P.M.- Ln tilt. mailer o[ th~. applical hm o['Willow Point at Bn).Homu Road. So~ihold. 8:10 P.M.- In ~he Um~lcr o~ thc application of Henry J. {]onlin~ dock~ on'pn~pcrty of Patricia Wood, being duJy sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in' Suffolk County; and that the notice of which the annexed is a printed copy, nas been published in said Long Island Traveler-Watch- man once each week for ........................ ../.. ............ weeks successively, commencing on the ............... ,.//....~... ......... ::::::::::::::::::::::::: Sworn to before me this / day of Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in S~fo~ ~ ~ ilENRY P. SMITH. PRESIDENT BOARD OF BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Dated: September 28, 1984 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below, has determined that the pr0ject~ which is unlisted will not have a significant effect on the environment. DESCRIPTION OF ACTION Application of Beixedon Estates Association to maintenance dredge' 50 to 60 cu. yds. using scoup shovel in Hippodrome Pond, Property Located at Orchard Lane~ Southold~ New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned° Because there has been a response from the Southold Town Conservation Advisory Council indicating that this project would not have a significant effect to the environment. Because there has been no response in the alloted time from the New Yo?;k State Department of Environmental Conservation and the Southotd Town Building Departments it is assumed that there are no objections nor cor~aents from those agencies. Further information can be obtained by contacting Henry P. Smith, President, Board of.Town Trusteesi~ Southold Town Haliv Main Road SouthOld~ New York Copies to: j Charles Hamilton~ DEC~ Stony B~rook Commissioner Williams~ DEC~ Albany ~ Southold Town Building Department ~ Southold Town Conservation Advisory Counc~ Town Clerk' s Bulletin Board ~ Patrick L~ Carpenter~ P~esident of Beixedon Estates Association~/ SIGNIFICANT EFFECT ON TH. ~NVIRONMEN RESOLUTION -21 - Environmental Assessment on the application of Beixedon Estates Association. RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below, has determined that the project, which is unlisted, will not have a significant effect on the environment. DESCRIPTION OF ACTION Application of Beixedon Estates Association to maintenance dredge 50 to 60 yds. using scoup shovel in Hippodrome Pond, property located at Orchard Lane, Southold. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a response from the Southold Town Conservation Advisory Council indicating that this project would not have a~significant effect on the environment. Because there has been no response in the atloted time from the New York State Department of Environmental Conservation and the Southold Town Building Department, it is assumed that there are no objections nor comments from those agencies. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 August 31, 1984 TELEPHONE (516) 765-1892 Mr. Charles Hamilton Environmental Analysis Unit N.Y.S. Dept. of Environmental Conservation Building 40, SUNY - Room 219 Stony Brook, New York 11794 Dear Mr- Hamilton: Enclosed is application of Beixedon Estates Association. This project is unlisted and our initial determination of non-significance has been made and we wish to coordinate this action to conform our initial determination in our role as lead agency. May we have your views on this matter. Written comments on this project will be received at this office until September 19, 1984. We shall interpret your lack of response to mean there is no objection by your agency. Very truly yours, Henry P. Smith, President Board of Town Trustees Enclosures cc: Commissioner Williams / Southotd Town Building Department RESOLUTION - NO. 15B RESOLVED that the Board of Southold Town Trustees hereby declares itself lead agency in regard to the State Environmental Quality Review Act in the matter of ~he ~iapplication of Beixedon Estates Association for a Wetland Permit on certain property located at Orchard Road, Reixedon Estates, Southold. Aug. 13th. 3:50 P.M. Spoke to Chuch H~3nilton this application. wh° ~dvised that the DEC Negative Decked 0[ $o tholcl Town Clerk's Office Southold, N. Y. APPLICATION FOR AppJlcation No .......~ .................. WETLANDS PERMIT INSTRUCTIONS FOR PERMIT A. This application is to be completely filled in by typewriter or ink and submitted to the Town Clerk in quadruplicate, accompanied by written permission 'from the owner of the property if not the same as the applicant. B. Pilot Plan must be drown to scale on the reverse side of this application showing the location of property, the names and locations of owners of adjoining properties, and a detailed description of proposed project. (Note: Copies of the Pilot Plan may be made by a copy machine and attached Io the Permit Application.') 5- =--- C. No operation shall be initiated by the applicant until all permits that are required are issued. D. A detailed statement of the rehabilitation and proposed condition of the premises after the' work is completed must be given, including a survey if required. F. If permit is being sought for a more sizeable excavation than the construction of a private Single dock or jetty, then this application must be accompanied by a survey and topagraphicc map certified by a registered land survey or Professional Engineer. The horizontal control of survey shall be based upon an approval local coordinate system. The vertical control for elevation and sound- ings shall be based upon United States Coast .and Geodetic Survey and/or United States Geological Survey datum. F. A statement must accompany the application describing any known prior operations conducted on the premises in question and whether any prior licenses or permits have been issued to erect structures or to dredge or deposit fill on said premises anc whether any such permits or licenses were ever revoked or suspended by a governmental agency. G. A filing fee of $50.00 shall accompany the application. This filing fee includes one inspection: there is a $5.00 fee for each additional inspection. H. The Town Board upon request of the applicant for a permit, may waive in whole or in part, the provisions of Article II, Section 97-21subd vis OhS(D)and(G)where it finds that nature of the proposed operations are such that 'the requirements of such provisions are not necessary for a proper consideration of a permit application. I. Upon approval of this application the Town Clerk will issue a permit to the applicant. Such permit shall be available for inspection at any time, upon request. Examined .................................................. 19 ....... Approved ............................................................... Disapproved ..................................... : .............. : ..... ' ' C~.~,4ition% ii ~.~V ........ · .............................................................. · .......... - ......... ,- ........................... Examining Body ..................................................................................................................................... Signature of Chairman ........................................................................................................................ APPLICATION IS HEREBY MADE to the Town Board of the Town of Southold, Suffolk Count,/, New York, for the issuance of a permit pursuant to the Lows, Ordinances and Regulations govern- ing the Coastal and Interior Wetlands, Flood Plains and Drainage Areas of the Town of Sauthald: Permit requested to ,.,~,../.,.~.~..~,~.~..~..~-'~,/~J.~.~.~..,,~..~,.~...~.~./.~..~, ............................................. ................................... .$.~.~.T..S.~.aR.~....N.~..zl.~.21. ..................................................................... Lo~io~ ~ p~op~y ~ ~ ~ ~....~Z.~....~.~ ................................. .................................................................................. 5~T~.f.~,...~.~.....H.i.~!. .......................... Home address of permit applicant if different from aforesaid I~atJon O~.&.~..~ ............ ~z~...~ z~..~.z~ ~...~.~./z~ Z/. ...................................................... Creek, Bay or Harbor fronting prope~ ....~ .................................................................................... Size of proposed work: Length ~ ? ~ / Width ,,~0 / Height Above High Wr~ter ................................................................................................................ Depth Below Low Water t~ ' ' Yards to be Excavated ..-~....~. ~.~..c~..~.g..~., ................................................... Yards to be Filled .........N...,~..~..~.. ................................................... "Width of canaJ, creek or bay fronting nr~,',e,'~, F~iLL ~-~/t~ Depth at Low Tide 0 .... Average Rise in Tide ......... ~ =...~...'.....~..: .................................................................................................... A~ea Zo.~n~ ......f..~.5/.~...~....r.I.P../. .......................................................................................................... Mantlet in which material will be removed or deposited ....~.~.°....~..?.....3...IJ.~).~E/,~ .............................. Intended use of property ..,/k/J~J'~,l.~',~L//l~...,'~.~',z~/.~ .~,.~..~....~'/../~'.~.~.~RO~..~&~'~.. Written consent of owner of property, if not' the same as the applicant ..~..~'~...~.Z7'4/~..~/~.~-~'~... Th. ........................................................................................... J ....... COUNTY OF SUFFOLK ) STATE OF NEW YORK ) SS: ......... ~ ....................................................... ~ ........................... being duly sworn deposes and says that he is the applicant for the above described permit, and that all statements contclined herein are true to the best of his knowledge and belief; thgt the work will be done in the manner set forth in this application and as may be approved by the Town Board of the Town of Southold. The applicant agrees to hold the Town of $outhold and the Town Board harmless and free from any and all damages and claims arising under or by.~irtue of said permit, if granted. ' ~gn;;t~re of Applicant Sworn to before me this .................. ........ ,,....%.. Notary Public / . - ::- ' - '[ ir! Your petition iora Tidal ~et£ands ~oratorium Permit has beet~c~v~ by this o~fice. Is a result, we have determined rill have no a~verse pffest, upon ~dja!ent tidal ~ettands. $~ iS to h~ olmc~d e~ sand ~eacn ~o wes~ me east of t~,~ o~ntng. Therefore, pursuant to Sectlo~ 25-0292 o~ the Environmental Conservation Law and 6 'h~CRR, Part 660,3 (c), you are hereby ~o~if~ed ~hac no p~r~ ~ill be necessary. A copy of this deterraiuat£oa must be available aC the job site at all times during construction activity. Sincerely yours, Daniel J. Larkin Local Tidal lOetlanda Permit Administrato~ DJL: GCC: n _ ~-rps of Engineers, New York District Louis M. Cancra New YOrk State Department of Environmental Conservation Buildimg 40 SUNY Campus Stony Brook, NY 11794 August 26, 1976 Peter A. A. Berle Commissioner Roger Roth, Chairmmn Environmental Committee Beixedon Estates Assoc., Inc. Southold, NY 11971 Re: TW 15277-0071, Dredging of Hippodrome Creek Dear Mr. Roth, We are in receipt of your letter and a copied letter of Mro Joseph Sanzone of the Suffolk County Bureau of Vector Control. As you know, dredging projects norm~] ly require publication of a notice of public hear~ag. In this instance, however, it has been determined that a potential health hazard exists and can only be alleviated by dredging a con- nection to the bay. Therefore pursuant to Article 25 (Tidal Wetlm~ds), Title 4, section 25-0401 (4) you are authorized to dredge through the existing beach to permit tidal flow. The work plan should follow the plan submitted last year which was subsequently held in abeyance following a Commissioner's order. You are advised to check with the Corps of Engineers to determine their require- RLHIcr Yours truly, · Ro . Alternate Tid~ Wetlands Permit Administrator B£1X£DON ESTATES '.?U,"'FOLK Cou, vT~, N. ~RAcE R. /V/CKLE~ ,! LONG ISLAND SOUND ATLANTI. C OCEAN LE IS NICKLES I:11). REAL ESTATE East Main Road. Southold. New York 11971 · (516) 765-3416 June 16, 1984 To Whom it Nay Concern: Please be advised that I authorize Patrick Carpenter, President of The Beixedon Estates Association to make application to open The Hippodrome Creek by dredging across beach prop.er~y that I own on Southold Bay. This opening is proposed West of Dr. Simons bulkhead about 100' West. Since~ly, MEMBER: New York State Society of Real Estate Appraisers National Association of REALTORS National Institute of Farm & Land Brokers International Real Estate Federation Commercial and Investment Division of NYSAR National Marketing InStitute TOWN OF SOUTHOLD SHORT ENV]RONkIENTAL A$$ESSJ4ENT FOR~ iNSTRUCTIONS: (aJ In ~rder to answer the questions in th£s short EAF it is assumed that the preparer will use currently availabie information concerning the project and the likely impacts of the action. It is not expected that additional studies, research ar other investigations will be undertaken. (b) IF any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) IF all questions have been answered No it is likely that this project is not significant. (dj Environmental Assessment 1. ~¥ill project result in a large physical change to the project site or physically alter more . / than 10 acres of land? ........................ Yes.'~XNo 2. Will ~here be a major change to any unique or unusual land Form Found on the site? .......... Yes V/No 3. Will project alte.r or have a large.eFFea~ on existing body of water?~!g~.~/~/~-~z~.~.~o. ~/Y~s No · 4. Will project have a po~entially large impact ' on groundwatgr quality? ....................... Yes ~No 5. Wil~ projec~ significantly effect drainage Flow on adjacent sites?- ' Yes ~No ' ' * ~. Will projec~ a~fec¢ any ~hreatened or endangered plant or animal species? ........... Yes ~No 7. Will project resu!¢ in a major adverse efFec~ air quality? ' Yes .8. Will project have a major effect on visual ' character of the community or scenic views or known ¢o be important ¢o the community? Yes ~. Will project adversely impact any si~e or structure of historic, prehistoric or paleontological importance or any site bydesigna~edl 1 as o y?cri¢ic°t- . environmental._ oreo. .... -.. Y 10~ Will project have a bajor effect, on existing or Future recreational opportunities? ......... Yes 11. Will project resul~ tn ~ojor traffic problems or cause a major effect ¢o existing 's?. Yes ~No transportation system ...................... 12. Will projec~ regularly cause objectionable " odors, noise, glare, vibration, or electrical disturbance as a result of the project's opera,ion? ................................... ' Yes ~No 13~ Will project h~ye anz impact on public health ~ ........ z ............................. ~ ....... Yos No l~. Will proj~c~ o??ec~ ~he existing co~munitX by directly cousing o growth in p~rmonent .... population of more ~hon 5 percent over o on~ year period or have o major negative on the character of the community or neighborhood? ................................. Yes 15. Is there public controversy concerning the /- project? ....... . ............................... Yes ~No PREPARER' S SIGNATURE , NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTICE OF COMPLETE APPLICATION Applicant: Address: ~4~on gstat~ .~soci~t!t"~ Date: Permits applied for and application number(s) Project.description and location. Townl~f $,,~t~l,-t/ County of .~f¢~1~ ' Opea si;otto-plunge4 Etppodzome ~ to ~old ~7 ~ dzedK~ ~Ch a ~ a ~ ~de x 130~ ~ x 3~ ~ ~" s~ ~e~. ~e~ ~"E ~1 ~ SEQR DETERMINATION: (check appropriate box) [] SEQR, 1 project is not subject to SEQR because it is an exempt, excluded or a Type Il action. [] SEQR-2 Project is a Type I action; it has been determined that the project will not have a significant effect on the environment. A Negative Declaration has been prepared and is on file. ~ SEQR-3 Project is an unlisted action; it has been determined that the project will not have a significant effect on the environment. ' - [] SEQR-4 A draft environmental impact ~tatement has been prepared on this project and is on file. [] SEQR-5 A final environmental impact statement has been prepared on this project and is on file SEQR LEAD AGENCY lJi~i~tIZ, C AVAILABILITY FOR PUBLIC QOMMENT: Applications may be reviewed at the address listed below. Comments on the project must be submitted tothe Contact Person indicated below by no later than A~r 17, !lggi ~ ' CONTACT PERSON: Karen - Stony Brook, lt~ 11794 ($16) 751-7900 TO THE APPLICANT: - -- - 1. THIS IS NOT A PERMIT 2, 'This is to advise you that your application is complete and a review has commenced. Additional information may be requested from you at a future date, if deemed necessary, in order to reach a decision on your ~ppfication. g. Your project is classified MAJOR. Accordingly, a decision will be made within 90 days of the date of this Notice. If a public hearing is necessary, you will be notified within 60 days and the hearing will commence within 90 days of the date of this notice. If a hearing is he[d, the final decision will be made within 60 days after the hearing is completed· 4. Publication of this ~otice in a newspaper is: [~ required [] not required If required, please consult the accompanying transmittal letter for fuaher instructions· CC; Chief Executive Officer ~'" ~J'JFgg'l~'~O~ ~ '- EnvironmentaJ Notice Bulletin, Room 509, 50 Wolf Road, Albany, N.Y. 12233~001~..-..'~~?-~ ...... ~ File . -~ ttozl:h Fork ~,.;~.~,.~-~:a-t ~il. CHIEF EXECUTIVE OFFICER TOW~OO[$OUTHOLD I We received Yo r applica~io IDO n~ "Numb~ ~ ~s Act _. ec Z03 ~ :'] ~ ~e~ ~e nawi a~y acti,~ ~ o~ any e t~ ned/UZred Deniable ~at~Y ~n Con~ zur~e~ co t. 1, u~ Aoy ac~V~e~t o~ Or Wate~eCtioo ~+~ rres. You . ess~n~ .~e appl' =u to the ~nOr~zat' -ced S:ta~ ~et au~ised ~ ~'PPlicati~~a risk a~u ~ork un~eeu ob. ~ stat,, -~'~ ~-u W~ll --~ertake~ ~s of Your ~ - not Pre' ', o~ ~PPlxca tfon. C°~structio~ ~e~ts SeC[~on August 6, 1984 9:35 A.M. Mrs. Heath of 1523 Madison Ave, West Islip, NY 11795 and 500 Hippodrome Drive, Southold, New York 765-4922 or 661-8767 Mrs. Heath called today to inquire about a trench that was dug. She wanted to know if a permit was issued from the DEC. I called the DEC and spoke to Ms. Karen Chytalo who advised that the DEC was aware of the trench, but they were advised that no one knew who dug the trench. They believe it will fill in naturally. She advised that no permit has been issued from the DEC yet. Wetland permits are required. Town Clerk's office has sent the necessary applications on July 27, 1984. To date none have been remitted. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, $3095 Main Road P.O. Box 725 Sonthold, New York 11971 August 6, 1984 TELEPHONE (516) 765-1892 Mr. Patrick Carpenter, President Beixedon Estates Association Orchard Road Southold, New York 11971 Dear Mr. Carpenter: This office has received an inquiry regarding a dredging project to be done at Hippodrome Pond into Southold Bay. I have spoken to Ms. Karen Chytalo, of the DEC, who advised me that no permit has been issued for this project to date. On July 27, 1984 wetland applications were forwarded to you, regarding same. To date this office has not received these applications. Please remit, along with the required $50.00 filing fee for the wetland application, to this office for processing. Very truly yours, HENRY P. SMTIH, PRESIDENT BOARD OF TOWN TRUSTEES Ilene Pfifferling Secretary cc: Trustees file BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, $3095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (§16) 765-1892 August 6, 1984 Mrs. Heath 1523 Madison Ave. West Islip, New York 11795 Dear Mrs. Heath: Pursuant to ou~ telephone conversation today, I have attached the following for your information, with regard to the dredging project at Hippodrome Pond into Southold Bay, Southo!d. Very truly yours, BOARD OF TOWN TRUSTEES HENRY P. SMTIH, PRESIDENT llene Pfifferling Secretary Attachments NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATtON NOTICE OF COMPLETE APPLICATION Applicant: 'ge'~'~edo. F.~gate~ Assocf. a~:~,~--~ Date: Address: O~ch~ ~ 20, [98& ~1 SEQR-3 [] SEQR-4 [] SEQR-5 SEQR LEAD AGENCY SEQR DETERMINATION: (check appropriate box) [] SEQR-1 Project is not subject to SEQR because it is an exempt, excluded or a Type Il action [] SEQR-2 Project is a Type I action; it has been determined that the project will not have a significant effect on the environment. A Negative Declaration has been prepared and is on file. Project is an unlisted action; it has been determined that the project will noE have a significant effect on the environment.. .. ; .,.:,:,:~.::: A draft environmental impact statement has been prepared on this project and is on file. ' =? ..... " A final environmental impact statement has been prepared on this project and is on file AVAILABILITY FOR PUBLIC COMMENT: Applications may be reviewed at the address listed below. Comments on the project must be submitted to the Contact Person indicated below by no later than CONTACT PERSON: '- St:oa~ ~z"~ok, ~ 11794 (516) 751-7900 TO THE APPLICANT: 1. THIS IS NOT A PERMIT 2. This is to advise you that your application is comolete and a review has commenced. Additional information may be requested from you at a future ... date. if deemed necessary, in order to reach a decision on your application. 3. Your proJect is classified MAJOR. Accordingly, a decision will be made within 90 days of the date of this Notice. If a public hearing is necessary, you will be notified within 60 days and the hearing wi[[ commence within 90 days of the date of this notice. Ii~ a hearing is he]d, the final decision will be maae within 60 days after the hearing is completed. ., 4. Publication of this Notice in a news~aoer ~s: [~ required [] not required If reamreo, please consult the accompanying transmittal letter for further instructions, CC: Chief Executive Or'ricer ~ ~ ~d~l~-X~Olt ~ Environmental Nouce Bulletin. Room 509, 50 Wolf Road, Albany, N.Y. 12233-0001 File US~$ l~or,-h Fork E,~,,Iro,-,,,,,,~l:al Cm~cil CHIEF EXECUTIVE OFFICER tow_ ?_ SOUT, JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITALSTATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Halt, 53095 Main Road P.O. Box 728 Southold. New York 11971 TELEPHONE (516) 765-1801 July 27, 1984 Orchard Road Southold, New York 11971 Gentlemen: It has come to the attention of the Town of $outhold that dredging has taken place at Hippodrome Pond into Southold Bay. An inspection by our Building Inspector indicates a Wetland Permit is necessary for this proiect. Enclosed herewith are the applications for a Wetland Permit, Short Enx4ir0nmental Assessment Form and Instructions for completing said Applica- tion. These forms should be completed and submitted with .a $50.00 'fee to the Board of Southold Town Trustees who will have jurisdiction over the Wetland Permits effective August 1, 1984. Very truly yours~ Judith T. Terry. Southold Town Clerl4 Enclosures NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTICE OF COMPLETE APPLICATION Applicant: ge~"~edon Ear. ate~ Aesoc:[st~_.oa Date: Address: Ore~,'rd Ro~ 3u].7 20, !986 Permits applied for and application n~mber(s) %~l'rl.1 Wetl~and~, ~:~etlo~ of ~:e~a~ ~t~ ~1~' 1N4~805 Project description and location. Town/C~xof $o~t'bt~t~ County of .c:uf/'olk" Open acox~-p[u~ed Kt~l~dro~e ?on~ to Southold Bay by dredg:Lag ~[t:h a ~hove~ acoup, a :~0m %r~de x I30v ~.oog x ~,v deep n~. 80' ~e~c of e~tsr~ng ~1~ ~ ~t. ~p~t~y 60 ~b~ 7~a~ o: ~ ~11 be d~g~ ~ p~c~ ~ :the ~d ~ SEQR-3 ~] SEQR-4 ~ SEQR-5 A draft environmental impact state~nent has been prepared on this project and is on'file, A final enwronmental impact statement has been prepared on this project and is on file SEQR DETERMINATION: [check appropriate box) [] SEQR-1 Project is not subject to SEQR because it is an exempt, excluded or a Type Il action. ~:- [] SEQR-2 Project is a Type I action; it has been determined that the project will not have a significant effect on the environment. A Negative Declaration has been prepared and is on file. Project is an unlisted action; it has been determined that the project will not have a significant effect on -. the environment. SEQR LEAD AGENCY AVAILABILITY FOR PUBLIC COMMENT: Applications may be reviewed at the address listed be[ow. Comments on the~' project must be submitted to the Contact Person indicated below by no ater than CONTACT PERSON: 1~r~ Bldg. 40, ' "St:oay ~'ook, NY 11794 (516) 75t-7900 TO THE APPLICANT: 1. THIS I$ NOT A PERMIT 2. This is to advise you that your application is complete and a review has commenced. Additional information may De requested from you at a future date, if dee~ed necessary, in order to reach a decision on your application. 3. Y~urpr~jectisc[a$sifiedMAj~R~Acc~rd~ngiy~adec~$i~nwi~bemade~ithin9~days~fthedate~fth~sN~tice.~fapub~ichearing~snecessary~y~u will be notified within 60 days ana me neanng will commence within 90 days of the date of this notice. ]fa hearing is held. the final decision will be maoe within 60 days after the headng ~s completed. 4. Publication of this Notice in a newsDaper is: [~ required [] not required If required, please consult the accompanying transmittal letter for further instructions. CC: Chief Executive Officer ~"~ ~J-P~~r'r~O~ ~ Environmental Notice Bulletin, Room 509, 50 Wolf Road, Albany, N.Y. 12233-0001 File ~:th ~ork g~o,.~t~ ~ CHIEF EXECUTIVE OFFICER Judy: ,Call Mrs. Heath when you receive an I£rom Ed Hindermann. 661-8767 inspection report 765-4922 .IUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL S'1 A] 1STICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 July 19, 1984 Edward ffindermann, Buildiff~ InspecTor Ed: I just received a telephone call from Mike Calaban, N.Y.S. D.E.C. stating that he has checked through all the files and finds no application or permit has been issued for Hippodrome Creek at Beixedon. Under N.Y.S.D.E.C. regulations any freshwater wetland area 12.4 acres or less would'be unregulated by the state, JUDITH T. TERR~ TOWN CLERK REGISTRAR OF VITAL 87 ATIS'TICS OFFICE OF THE TOWN CLERK TOWN OF SOUrHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 July 19, 1984 Edward Hindermann, Building Inspector Dear Ed: Please make an inspection of Hippodrome Creek at Beixedon Southold ~o determine if a trench has.recently been dug out adjacent to it and whether or not it would require a wetland application. Attached hereto, is prior.inquiry To same. in and correspondence relating Thank you, 7/17/84 - Received telephone call from Mrs. Heath who is a resident of Beixedon Estates. She inquired whether or not a permit had been issued to dig a drainage trench along side of Hippodrome Creek. She said that she had been told by other residents that a permit had been secured for the work by the President of the Beixedon Estates Property Owners Association~ Mr. Robert Roth. She stated that as a result of the work part of the beach has now eroded. MEMO FROM THE DESk, RECEIVED Town Cleft Southold JUDITII T TERRY TOWN CLERK REGISTRAR O1' VITAL SI,\IISIICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE ~516) 765-1801 May 16, 1984 Dr. & Mrs. Francis Simon 19 Woodhill Road Tenafly, New Jersey 07670 Dear Mrs. Simon: With regard ~o your telephone call this morning expressing concern over the high wamer level in Hippodrome Pond, Beixedon, Southold, N.Y. due mo the recen~ storm, please be advised of the following information: I have discussed this situation with Mr. Edward Hindermann, Enforcement Agen~ for the Wetlands Ordinance for the Town of Southcld and Mr. Frank Cichanowicz, III, Chairman of the Conserva- tion Advisory Council of the Town of Southold. Both of these gentlemen are of the opinion that the sp~rtina grass would flourish from This condition, not be damaged by it. Mr. Cichanowicz states that this is a temporary condition which should drain off in a couple of weeks, and he feels that it would be best no~ to disturb the natural drainage process. Very truly yours, Judith T. Terry Southold Town Clerk IA{C) NO