The URL can be used to link to this page

Home My WebLink AboutORIENT BEACH STATE PARK0 NEW YORK STATE Bernadette Castro Commissioner NewYork State Office of Parks, R?creation and Historic Preservation The Governor Nelson A. Rockefeller Empire State Plaza Agency Building 1, Albany, New York 12238 March 25, 1997 518-474-0456 Human Resources 518-474-0453 Fiscal Management 518-474-0061 TDD: 518-~86-1899 Ms. Jill Doherty Board o~ Trustees Town Hall, 53095 Main Southold, N.Y. 11971 Road RE: Orient Beach Stane Park Proposed Picnic Pavilion Dear Ms. Doherty: As we discussed, I am sending you information, including an Environmental Assessment Form and Coastal Assessmenn Form, on the above-referenced proposal. Since I spoke with you yesterday, I have further investigated the applicability of the Town's Coastal Erosion Hazard Areas (CEHA) Law. The attached approval from the DepartmenE of Environmental Conservation (DEC) contains a finding that the snrucEure complies with the variance conditions of the Town's CEHA Law. Therefore, we believe that the determination by Mr. Daley of the DEC meems the requirements of the law. Supporn for a pavilion at the park orSginated from within the community. We would hope that this long-awaited project would be supperted by the Trustees. We ~nticipane beginning construction zn the near future iN order to have adequate group picnicking facilities available within the park this season. Thank you for your assistance. Sincerely, M. Pamela Otis Assoc. Environmental Analyse CC: William Daley, Chief, Coastal Erosion Section, NYSDEC Nell Rosenberg, Director, Design and Construction, NYSOPR~P Raymond Dobbins, Park Manager, O~ient Beach State Park An Equal Opportunity/Affirmative Action Agency ~'~ pnnted on recycled paper ~,:New York State Department of Environmental Conservation ~;50 Wolf Road, Albany, New York, 12233- March 19, 1997 John P. Cahill Acting Con~rniSsio~er M. Pamela Otis Associate EnV'nconmer[tal Analyst N¥~ Office of P~rks, Recreation and HistOric Preservation Eml~ire Stat~ Plaza Agen~cy Building 1 A}bany, NY 1:-2238 Orient Beach State Park l>foposed. Picnic Pavilion Dear Ms. Otis: We have reviewed the information submitted with your December 23, 1996 application for a Coastal Erosion Management Permit for the above referenced project and additional information submitted by Neil Rosenberg on February 19, 1997 and have determined itto be complete. Pursuant to Environmental Conservation Law (ECL) Article 34-0108(5) this Department is responsible for determining that any State Agency proposed activity or developmeat Within the identified Coastal Erosion Hazard Area of a municipality administering its own coastal erosion hazard area regulations meets the municipality's standards adopted pursuant to Article 34. The proposedqocation of the picnic pavilion is a sand beach identified as a natural protective feat~e. Under the Town of Southold's Coastal Erosion Hazard Areas Law (Local Law No. 24 o£ 1991) all development is prohibited on beaches (Section 6-15 [D]), hence a permit can not be grag~ted directly. However, the Town Law includes a procedure whereby the strict application of its standards can be varied or modified to overcome practical difficulties encountered inthe development of a project (Section 6-30 Variances and Appeals). The variance procedure congists of five criteria which must be met: A. No reasonable, prudent, alternative site is available. All responsible means and measures to mitigate adverse impacts on natural systems and their functions and values have been incorporated into the activity's design at the property owner's expense. C. The development will be reasonably safe from flood and erosion damage. · The varrance requested is the min/mum necessary m overcome the practical difficulty or hardship which was the basis for the requested variance. Where public funds are utilized, the public benefits must clearly outweigh the long-term adverse effects2 The Coastal Policy Discussions submitted with your application and additional these issues. However, anecdotal information from ~hould b~ awarethat the Flood' Insurance Rate Map eot site could be subject to waveheights ~ip to +13 feet . The lC elevation is estimated at ) e~(~dible/.rpland areas, k is important to note that the wgtve could occur more. frequenlly and with storms of ~ d00-y~ event. The open design of the pavilion structure will reduce or eliminate any damages from infrequera;, lovt-level flooding and the low-cost lends itself to replacementin the event it is damage.d or deslroye,d in a truly major coastal storm. For these various reasons we have e~e~d nat,tile proposed structure ~s allowable under the variance conditions of the Town of ~tmth61d~ s Coastal Erosion l-Lazard Areas Law and hereby grant a Coastal Erosion Management perm[tfcmits construction pursuant to Section 34-0108.5. Please note that additional permits may be required both from this Agency (Tidal Wetlands),and from the Town of Southold (Floodplain Management, etc.) and that construction under tiffs P~nnit can not commence until all other permit requirements are satisfied. Pursuant to your requests I am enclosing a copy of the FEMA Flood insurance Study'and Flood Insurance Rate Map (FIRM) for the Town of Southold, single copies of Environmental Conservation Law Article 34 (the Coastal Erosion Hazard Areas Act) and GNYCRR Part 505 (C6astaI Erosion Management Regulations), and copies of Map Sheets 1 thru 25 and the Index Sheet of the Coastal Erosion Hazard Areas Map for the Town of Southold. ,//William W. Daley, Coastal Erosion Section Enclosures WWD:jb cc: Tom Fisher, Code Enforcement Officer, Town of Southold Roger Evan, DEC Region 1, Compliance Services Bill Southard, DEC Region 1, CEM Lou Chiarella, DEC Region 1, Tidal Wetlands State E~viro=ental Quality Revlew SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS 0nly PART I - PROJECT INFORF~TION · . APPLICA~T/SPONSOR: ~NYS Office of Parks, Recreation & Historic Preservation 2. PROJECT NAME: Construct Picnic Shelter 3. PROJECTLOCATION: Orient Beach StaLe Park, To~ of Southotd, Suffolk Cowry ~. P~ECISE L~TION (~treet address and road intersections, prominent lan~a~ks, etc., or provide map) Just southwest of bathhouse ~d ptaygro~d (see map~) 5. IS PROPOSED ACTION: / K/ New / / E~ansmon / / Modification/alteratmon 6. DESCRIBE PRO,CT BRIEFLY: Construct 30' X 60' picnic shelter a~ Orient Beach State Park, Thie will be a low pitched beam laminated ti~er shelter with roof decking ~d steel col~s 7. ~O~ OF ~ AFFECTED: Initially .1 acre Ultimately .05 RESTRICTI0~? ~/ Yes / No If No, describe briefly: 9. ~T IS PRESE~ L~ USE IN VICINITY OF PROJECT? / ~ Residential / / Industrial / / Commercial / / Agri~lture /X'/ Park/Forest/Open Space / / Other Describe: State Park with acu~ve {beach swimmln~, picnicking) and passive (nauure viewing) activluies. 10. DOES ACTION I~0LVE A PE~IT APPRO~L, OR F~IN~ NOW 0R ULTI~TELY FROM ~ OTHER ~0~T~ A~ENCY (FEDEX, STATE OR L0~L)? / X/ Yes / / No If Yes, list agency(s) and pe~it/approvals: Depar~me~u of Environmental Conservation - Coastal Erosion Hazard~ea permit. 11. ~ES ~ ASPECT OF THE ACTION ~VE A C~R~LY VALID PE~IT OR APPROVe? / / Yes / .X/ ~o If Yes, list agency name and'pe~it/approval / / Yes / / No N/A -1- I ~RT!FY TPL~T THE' INFO~TION ~ PROVIDED ~J~OVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor name: M. Pamela Otis for NYS Ofc. Parks, Reef. & Hist. Pres. Date: 12/23/96 P3LRTS II & III COMBINED: PART II - ENVIRONMENTAL ASSESSMENT, PART III - DETENMINATION OF~ SIGNIFICANCE. INSTRUCTIONS: For each adverse effect i~entified~ determmne whether it is substantial, large, imporEan5 or otherwise significant. Each effect should be assessed in connection with its setting, probability of occurring, duration, irreve~slbility, geographic scope, and ~agnit~deu tf neoessary~ add autachments or reference suppgarting matermals. Ensure that explanations contain sufficient debail to show that al~ relevant a~verse zmpac~s have been identified andadecfaatety addresse~. A. DOE~ ACTION EXCEED A2~Y T~PE I THRESHOLD tN 6 A~ICRR, PART 617.127 / / Yes / X/ No If Yes,- coordinate the revmew process and use the FULL EAF. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR ~LiSTED ACTIONS IN 6 NYCRR, PART 617.67 . X/ ~es / / No If NO, a negative declaration may be superseded by another mnvotved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: Air quality - There will be some localized increases in air emissions during construction due to the operauion of heavy equipment. No long-term increase in amr quality ms anticipated as a result of the picnic pavilion. The project ms mntended to better service existing levels and normally anticipated increases of park users. Surface or groundwater quality or quantity - The only soil to be disturbed is sand and pebbles. According mo the Soil Survey of Suffolk County, ~ew York (U.S. Department of Agriculture, April.197S), this area of the park is fill land from dredged material. As the soil is highly permeable, no runoff into Gardiner's Bay should occur. Quality of water reaching groundwater should not be affected by the proposal due to the nauure and small smze of the project. Noise levels - Should not be affected no any great degree. Temporary zncrea~es noise during construction will take place. Et is hoped to undertake construction early in the sprmng, prior to ~the peak use season, so as to limit the number of park users affected. Groups now~Lse the park and thus noise from group picnicking will not be added, but will be somewhat removed from the m~iu picriic grove. Groups will still be located within the same proximity to the concession and deck area, -2- and will not increase or decrease noise i~c~s to those usmng uhe concession facility There may be some nomse impact to the playground, but playground noise levels ~re comparable. Existing traffic patuerns - Traffic and parking within the park are, and will continue uo be, concerns with or without the proposed picnic pavilion. Presently, users perk on ~he shoulder along ~heentran~e road during pe&k use nlmes, taxing park staffing resources as well as posing potential conflicts with plover nesting areas. The picnic paviii0n'will provide an improved facility f~rpark users. At present~ groups using the~park are limited by weather unlessthey rent a tent which is mnconven/ent and costt~. Thus use pressure on the park from groups ~s greatest when the weather ms favorable Obviously, this coincides with peak use by the general public. The pavilion can "even out" group use of the park. OPRRP recognizes a need, however, and will undertake a proqramma~mc assessmenn cf exist~g traffic patterns and an eval~tion Of ways ~ whic~ to allevmate parking problem~ presently occurring. While a~tditic~na~ parking within the park would be an option, other alter~anives such as vis,tot '~caps", extension of mass transportation, or shuttle service with off-site parking ~itI also be considered. Solid waste productiom or disposal - Disposal of construction debris will be the responsibil~uy of the contractor. Under specification in contracts, conuraccors are required to comply with all applicz~ble laws and regulations, including those which apply uo C&D materiaI~ Use of the picnic pavilion may generate minor i~creases in solid waste production and disposal due ~o the potential increased number of clays when groups may be using, the park. Potential for erosmon, ~rainage or flooding problems - The park ms within $ Coastal Erosion Hazard Area and flood hazard zone. However, the particular area of construction is adjacenu to existing developed areas and one of the least likely areas Eo flood in the park. As described in the discussion regarding Surface or groundwater quality or quality, uhe projects are located within an area of filled land. The beach and ad]scenE area of construction are sandy with pebbles, and with a gradual slope. The picnic pavilion site is located in a level area well above extreme high tide. The potential for erosion due to construction activities is m&nor due to the sandy soil and limited ares affected. After the pavilion is zn place, a 30' X 60' open area will be replaced by a concrete slab. Dramnage problems are not anticipated due to the surrounding soils. The shore side of the pavilion will be placed 125' from extreme high (moon) tide, so flooding problems are also non anticipated. However, as an open pavilion flood capacity should non he appreciably affected. The strucctnre will have concrete footings and thus should be proeecEed from damage due to flooding. C2. Aesthetic, agricultural, archeological, historic, or other natural or cultural resources; or coramunity or neighborhood character? At,plain briefly: Aesthetic - Desmg~ of the pavilion has been ~pproved by OPPCqP's Office of Deslgn Review. The placement and design of the pavilion have been found mo be compatible with the setting. The shelter will be a low pitch beam shelter with steel beam colurans boxed with pine, and cedar roof shingles which match the other buildings mn the park. The pavilion will be dark brown and consistent with the color scheme of adjacent park str~ctures. Agricultural - The prelect will not affect the use of agricultural la~ds. ~_rcheological, b_istoric, or other cultural resources - The project was reviewed by OPR15P'S Resource Management Group, which includes representation by the Director of -3- Field Services in the Division for Historic Preservation. No impacts upon cultural resources zn or eligible for inclusion in ~he State or National Registers of Historic Places were identified in this review. Natural resources - See C3. Communityor neigb_borhood characner - The purpose of the pavilion ia to provide an improved facility to better service existing group use a~d reas@nably anticipated, increases without time proposal, The character of the park will remamn essentially the same. The desi~ of the picnic pavilion, as described above, is compatible with existing park suructures. The pavilion will non change the use of the park, but will provid? a co~ered area for groups to picnic. The pavilion will be located in the~ same area as the concession area. which now has picnicking on the other (eastern) side. The ~xisting picnic area will mematn as well es the adjacenu o~i~dTer~'~S pt~ygro~und. Also refer to previous discussio~ of noise as well as the discussion r~gar~.~I~ ve~c=tation following. c3. v~tetion or f~nna, fish, shellfish, or wildlife species, significant habitats, or tiurea~ened or endangered species? Explain briefly: Vegetation: The projecn will have little impact on v~getation. The pavilion has been sited in an open area with scattered clumps of beachgrass ~o the southwesn of the concession building. The site has been selected to be as far removed from the beach as possible, without disturbing areas covered with cedars, beach plum, bayberry, and prickly pmne. The park contains a state endangered plant - scotch lovaHe, a rare plant - slender knotweed, and another Heritage plant species, seabeach knotweed, with a global and state ranking of 3. These plants will nor be affected by this prolcon. The park also contains a Natural ~eritage community, maritime ~ed cedar forest, with a snane rank of 1. Existing vegetation is an a premium a5 Orient Beach with the death of Japanese black p~e. Also, ~o provide visual protectmon to Long Beach Bay, a Significant Coastal Pish and Wildlife Habitat, a projecu goal is no disturb as little vegeganion as possible. Wildlife: The park provides habitat for a varmemy of birds. These include the federally threatened piping plover and the state endangered least mem. These specmes nesm outside of the developed area and are carefully monitored during nesting season. The proposed picnic pavilion will have no effect on these species, and should also non affect other specmes, due to the placement of the pavilion within an existing developed area. C4. A co~%munity's existing plans or goals as officially adopted, or a change in use of la~d or other natural resources? Explain briefly: There is ac officially adopted plan for the park. There ms no local plan with Durisdiction over the park, but the community has 1cng desired a picnic pavilion at the park. with the local Rotary Club mn particular lending its supporm for such a project. The intensity of use of land will increase somewhat due to a potential increase in of groups using the park. The size of groups will remain fairly consuanu, with the pavilion acco~nodating approximately 100 people. This group size ms already being serviced an the park. The project is intended to provide an improved facility which Hroups may use during somewhat inclement weather. Group picnicking already takes place at the park and such use will not mncrease during peak use periods. The use of land ~o the southwest of the battLhouse/concession will change from an informally used open area to more intensive picnic use. The intensity of use of the existing picnic area may decrease somewhat since groups will instead use the new pavilion. Natural resources, as discn/ssed above, will be little affected. -4- C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain h~iefly: ~h~ proj~ce is nou ~rpected to i~duce future growth or sLubsequent developmenu ~he park conEalns adecfuaue neliieies for the picnic use. As discussed previously, there are concerns with parkin~ in tke park which need to be addressed with or without the proposal. Also, potential · concerns with saluwater intrusion into the park's welt system due to the coastal location cOnUlnue. State Parks is in tke process of accl~irin~ ~ upland site adjacent to tke park which could accommodate a aew well should one prove Eo be necessary. Long term, short terra, cu/nulative, or other effects not identified in Cl-Ce? E~r~lein briefly: No other in, aces identified. C?. Other impacts (including changes in us,e of either quantity cr type of ener95r)? Explain briefly: The pro~ect will utilize additional energy d%%rin~ construction due to ~quiDment operation, and in the long term wilt result in a slight &ncrease ~n the use of electricity for tb3~ pavilion. Adequate electrical s~rvlce Eo the park ~_xists Eo accommodate this use. D. IS THERE, OR IS T~ERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTE~_L ADVERSE ENVIROAIMENTAL !~&PACTS? / / Yes / X/ No If Yes, explain briefly: Part ii! - DETER~INATION OF SIGNIFICANCE (See Parts II ~ III confined) / Check tb/s bo~ if you have identified one or more potentially lar9e or significant adverse impacns which ~A¥ occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. /X / 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 AND provide on attachments as necessary, the reasons supporting this determination: New York State Office of Parks, Recreation, and Historic Preservation Name of Lead Agency Thomas B. Lyons Print or Type Name of Responsible Signature of Resp~ Officer in Lead i~cy Director~ Environmental Manaqement Title of Responsible Officer Signature of Preparer (if different from responsible officer) December 23~ 1996 Date -5- PROJECT f'",IC)TIF~CATION AND TEM FED. CAT. Xe LIR~. NoJ' g~-Dn DATE NOI REC~' P!ease review the atczched//anui/'~anon and urov~de your comments on tms form. Keep one anpl/canon for rot files and retu~ ~o L~PB n~t'later than ' October 21, 1992 ' ' If you nave any ques~mns passe call this or, ce (516) 852 -4099. You may refer this not,flea,ion ~o any otb, ~n~ares~ea pa~as re.your ~ea. Do you foresee a conflict between this proposal and any of your A_gency's projects or programs? iplezz explain ~ Do you have any su_ggestlons which will improve the effectiveness or maximize the benefit of this proposa please exptaln, Do you nave some o~her concerns requlrln~ additional communication auout this project? t please expiam: IS a conference required to resolve your concernt s ;? %%'hat are your official comments on this project? ?!euse check appro~rtcte -- This a~encr has no objectzon ~o the project. [] This agency reqzzests that the LIRPB support th~s ~rojecr. ~ This agency requests £hat the LiRPB not support tnzs project. -IGENCY 0 FFtC L~L %[A-KING :kBOV~E COMMENTS: AGENCY NAME' H. Lee Denmson Execuuve Office Ru~lalng Veterans Mernomai Highway. blauppauge iq ¥. 11788 (516) 853-5189 Lee g. Kouoe~man Susan O. Windesne~m New York State Department of Environmental Conservation 50 Wolf Road, Albany, New York 12233 September 15, Commissioner 1992 MS. Susan Windesheim Long Island RPB Dennison Building Veterans Memorial Highway Ha~ppa~g~, NY 11788 RE: New Federal Aid Project - Long Beach Bay Tidal Wetlands Restoration Dear Ms. Windesheim: Enclosed is the State Agency Notice of Prospective Application for Federal Aid to begin a new project: Long Bay Tidal Wetlands Restoration. Beach Sincere ly, Director Division of Federal and Municipal Accounts Enclosure ~"--' (~tZ #): (to Ice A~an~, ~ L2224 (5Z8) 473-~070) ~S/~/'~rtmerlt of Environmental Conservation 50_~olf Road, Room 630~ Albanyr NY 12233-5022 $~t~ Off~-~ fCouts~ Pez~m: Dominick Ninivaqqi (518) 457-5317 i ~uOf Proje=~ or Pm~: Long Beach Bay Tidal Wetlands Restoration :, PrOj~l~.~ De~i~ (servi=.s ~rovi~. :lie~s smrv.~, sits Orient, Town of Southold Suffolk County Loca:ion (cit-f/T~m/Vi 1 ~e): counLT/Ommt_%~s: ~ Of Fe~.ral ~ ~1 U.S. ~t of ~e Interior ~ ~~ ~ ~ F~ ~:.~o~r 1, 1992 ~-~ ~ of ~1 ~ril 1, 1993 ~ ~1 March 31, 1994 National Coastal Wetland Grant Federal~ $~%1~3~: $ 190,000 Direc= Cos~ B~se (~m~un~): $ 0 $ 190,000 $ 380,000 14-12-7 617.21 Appendix F State Envh'onmanta! Quality Review NEGATIVE DECLARATION Notice of Determination of Project Number 1-4738-00640/00001-0 "Date Feb. 9, 1993 This notice is issued pursuant to Part 8 (State E~vironm~ntaJ Quality pertaining to Article nenta Conservation Law. The I~ZS 9epartment of E~vi~or~ental Conservation as lead anencv has deterFlln,~ ~h~:,the proposed, actiOn de~,c, ribed below Wd! not have a significant effect on the environment and, a Draft Environmental lmoact Sta'~ement will, not be preoared. ' Name of Action: NYSOPR~P~ie~ ~each S~ate Park'Access ROad Stabilization SEQR Status: Type I Unlisted Unlisted action located in Peconic Bay Critical Environmental Area. Conditioned Negative Declaration: i']Yes ~No Description of Action: Installation of a gabion mattress ~evetment to. stabilize an approximatedly 1600 linear feet section of park access roa~- way eroded during ~he December 1992 Nor'easter Location: (Include street address a~d the name of the municipality/county. A location map of appropriate scale is also recommended.) Orient Beach State 'Park NYS Route 25 Town of Southold Suffolk County Gardiners Bay SEQR Negative Declaration Page 2 Reasons Supporting This Determination: ~ (See 617.6(g) for requirements of this determination; see 617.6(h) for Conditioned Neg~ve Declarati~n) 1. The project is desi_omed to stabilize ~he etched side slop~ of an existing road- way and is iz~ediately nec~s~sa~z to allowed,reconstruction-of the roadway. 2. %~.e~ stru.ct,ute is d~sign.~ to prot~.e~ct the roa~dway frc/n further scour and erosion wt~n a mmnlmtra of toe scour or erosion to adjacent shoreline areas. 3. The proposed gabions will ~ptoy the same design as an area of existing gabions installed several years ago alonq an adjacent section of roadw~v ~=~ ~v~*~ _~_~__lons ,adequa~_.e~l,y ~C~ed t~e, shor~li~~ and roadway ~throu~h several recent severe s~orms w~aonm ~r~ue aaver_se nnpacts to the adjacent Skoreline areas. 4. ~here are no known eD~angered-, ~threatened or special co~cern p~an~ or an/n~I species 'usi~q the project~ ~ite or adj~ac~nt areas. If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposeo. F~r Further Information: Contact Person: George Han~narth, Sr. Enviro~m, ental Analyst Address: Re~lo~ Telephone Number:. For Type i Actions and Conditioned Negative Declarations, a Copy of this Notice Sent to: Commisaioner, Department cf Environmental Conserv=tion, 50 Wolf Road, Albany, New York 12233~3001 Appropriate Regionat Office of the Department of Environmental Conservation Office of the Chief Executive Officer of the political subdivision in which the action will be principally located. Applicant (if any) Other involved agencies (if any) PAGE (4)' ATTORNEY F~R SELLER OR OWNER SENO COPY OF SELECTED REPORT DATA DIRECT TO [4)YES [] NO [] OFF)CE STAND. [] SPEC. [] EXTR~ COPY [] H&R• Cola[] [] TA~ ;~DT 39" NO. OF BUILDINGS TYPE E~'GE ~0;~ 'LO YEAR ,'o..., s.z?.. OFFICE COPY HENRY P. SMITH, President JOHN M. BREDEMEYER. Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M, LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 728 Southold. New York 11971 October 2, 1986 TELEPHONE (516~ 765-I892 Mr. Pieter Van Volkenburgh Chief, Bureau of Shellfisheries New York State D.E.C. Bldg. 40 State University of New York Campus -Stony Brook, New York 11794 Re: Orient State Park Property, Town of Southold Dear Mr. Van Volkenburgh: Transmitted herewith is information relative to the above captioned matter regarding the question of ownership of lands under water. Should you have any questions or concerns, please do not hesitate to contact this office at the telephone number listed above. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling Clerk to Board of Tmustees HPS:ip cc: Bay Constables file Attachment BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York ~ 1971 September 6, 1984 TELEPHONE (516) 765-1892 New York State D.EoC. Division of Law Enforcement Building 40 State UniverSity of New York Stony Brook, New York 11794 Re: Orient State Park Property at Long Beach Gentlemen: In regard to the above referenced, enclosed herewith for your information, is a copy of the deed filed in the County Clerk's Office and maps showing the premises involved. As stated in the letter from Town Attorneys Robert W. Tasker, "It would appear that the State of New York has no title to lands under Long Beach Bay and Little Bay". The Board of Southold Town Trustees feels will be of interest to you. this'information Very truly yours, Henry P. Smith, President Board ~of Town Trustees Secretary to Board HPS:ip Attachments cc: Trustees ff $outhold Town Baymen's Assn.~ Mrs. Ruth Oliva, N.F.E.C. ~ File J ROBERT W. TASKER town Attornoy OFFI('I (..)1 '['"OWN .'\ I':I'ORNEY 425 MAIN ST. GKEENPORT, L.I., NEW YORK 11944 TELEPHON~ (516) 477-1400 July 19. 198zt $outhold Town Board of Trustees ToWn-Hall Southold, New York Re: Orient State Park Property at Long Beach Dear Sirs: I have finally received the results of the search made by Title Guarantee with respect to the boundary lines of the State Park at Orient, New York. The search reveals that on August 30, 1929, Harry H. Terry, Rufus W. Tuthill and Nathaniel A, Luce, as trustees of the common lands of the Village of Orient, conveyed Long Beach to the People of the State of New York. The deed was recorded in the Suffolk County Clerk's Office on Octbber 3, 1929 in Liber 1460 of deeds at page 423~ A copy of such deed is enclosed herewith~ You will note that in the next to the last paragraph on page 2 of the deed, the property conveyed is described as follows: "All that certain tract or parcel of land known as Long Beach in the Town of Southold, Suffolk .County, New York, bounded on the south and west by Gardiners Bay, on the north by Orient Harbor, Long Beach Bay and Little Bay, and on the east by land of Oscar A. Beebe Est., together with the appurtenances and all the estate and wights of the parties of the first part in and to said premises and in and to the lands under water in Orient Harbor and Gardiners Bay." There was filed with this deed in the County Clerk's Office, maps showing the premises involved and such maps are enclosed herewith for your information. You will note that in the description of the premises conveyed, the ~aid trustees conveyed "all 'of the estate and rights of the parties of the first part in and to said premises and in and to the lands unoer the waters ef Orient Harbor and Gardiners Bay. You will note that no title to underwater land was granted in and to the land under the waters of Long Beach Bay and Little Bay, which bodies of water constitute what sometimes referred to as Pete~s Neck or Hal/ock's Bay, and would, therefore, appear that the~ State of New York has no title to lands under this bay. tt has title, however, to lands under the waters of Gardners Bay and Orient Harbor. -2- AI~c~, en61osed ,for your information jsa copy of Chapter 24 of the Laws of '1807 whi~;h aathorizes the ~Ie~.'~n ,of tl~ree tras~ee§ who are to bart.'the superintendence and manag~me~{~i'o~ the Ibeaches~ meadows and common lands at Orient. If the truste~es ha~,e any f,u~ther ques~tions with respect to this mat~er, will y6u p!~ea~se contact me. ' ROBERT W, TASKER RWT :aa encs,