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TR-10641
���� so���� Town Hall Annex Glenn Goldsmith, President 54375 Route 25 A. Nicholas Krupski, Vice President �� P.O. Box 1179 Eric Sepenoski Southold, New York 11971 Liz Gillooly RZ Telephone (631) 765-1892 Elizabeth Peeples' Fax (631) 765 6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD OF TRUSTEES - YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD F OKED OFF 72 HOURS PRIOR TO COMMENCEMENT OF THE ACTIVITIES CHE BELOW INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1 sc day of construction '/z constructed When project complete, call for compliance inspection; Glenn Goldsmith, President �OF S®�r Town Hall Annex 54375 Route 25 A. Nicholas Krupski,Vice President ®� ®�® P.O. Box 1179 Eric Sepenoski J Southold, New York 11971 Liz Gillooly Telephone(631) 765-1892 Elizabeth Peeples Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 24, 2024 David Bergen PO Box 1008 Cutchogue, NY 11935 RE: WEST LAKE ASSOCIATION, INC. WEST LAKE CHANNEL, SOUTHOLD SCTM# 1000-90-1-11 Dear Mr. Bergen: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, September 18, 2024 regarding the above matter: WHEREAS, En-Consultants on behalf of WEST LAKE ASSOCIATION, INC. applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated July 11, 2024, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on September 18, 2024, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the proposal complies with the standards set forth in Chapter 275 of the Southold Town Code, 2 WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees APPROVE the application of WEST LAKE ASSOCIATION, INC. for a Ten (10) Year Maintenance Permit to dredge the channel into West Lake by dredging to 48" Below Average Low Water and maintain an 8'-0"wide dredging area to avoid undermining adjacent bulkheads; dredge spoils to be placed at the end of West Lake Drive for de-watering and then removed off-site; with the condition that turbidity controls are used during dredging; all as depicted on the site plan prepared by Ken Quigley, received on July 11, 2024, and stamped approved on September 18, 2024. Permit to construct and complete project will expire three years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, Glenn oldsmith President, Board of Trustees "a rr:+' 9F fyv� _ rr ,L' ,. �����7y,. R�. •;!'".,i',•:�a'a:�" 7' �'�'4"4. `;g• 'U '.ry'S rtu r'•h• _ " y i� I 3r° a lP' � t� �d ""` p1 ` + .�� s4lt.-i.�'u:n4'�...,-a;\,(_ _ ,Yx,�i!''.R.�•1::ti�w'S;�t:T��n. gaYGS�A"z3.\ *s r'k�'itF�A^.�Yl:'i b�Ft �' 1 t BOARD OF SOUTHOLD TOWN TRUSTEES e` SOUTHOLD, NEW YORK ' PERMIT NO. 10641 DATE: SEPTEMBER 18,2024 j F ISSUED TO: WEST LAKE ASSOCIATION, INC. PROPERTY ADDRESS: WEST LAKE CHANNEL, SOUTHOLD SCTM# 1000-90-1-11 : AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on September 18,2024, yy , and in consideration of application fee in the sum of$1,250.00 paid by West Lake Association,Inc.and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the following: t • Wetland Permit for a Ten (10)Year Maintenance Permit to dredge the channel into A ` West Lake by dredging to 48" Below Average Low Water and maintain an 8'-0"wide - •: a dredging area to avoid undermining adjacent bulkheads; dredge spoils to be placed at ••.c: the end of West Lake Drive for de-watering and then removed off-site; with the . :r t a. condition that turbidity controls are used during dredging; all as depicted on the site '+ plan prepared by Ken Quigley, received on July 11,2024, and stamped approved on Y September 18, 2024. IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of the day and year written above. �4r n � sap. �� ..+.,Yi}? • �7<'• �t,:�;�;;+ .��. �i:z' .�_ - r�n., �,~ -.;, J n�;'+ t.-' ,,,� >, ,; `•S; � �% .+ter.` � k �� �`r+.'��. TERMS AND CONDITIONS The Permittee West Lake Association, Inc., West Lake Channel Southold New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto,to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 36 months,which is considered to be the estimated time required to complete the work involved, but should circumstances warrant,request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved,to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. S. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized,or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation,the said Permittee will be required, upon due notice,to Kemove or alter this work project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Permittee of the completion of the work authorized. 9. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. 10. No right to trespass or interfere with riparian rights. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. PREVIOUSLY APPROVED DE-WATERING AREA SEE SHEET#8 Oe3 Y. •'��" :�,roirArRN'I xu v .en fY. `' "'i:•r.'. .F. >'Ja N�wd' s o e 26 4-1 950'-0' -L - - Q PROJECT ZONE N � 1111I MITI, CHANNEL PLAN 7 Scale:l^=32'-0" 0' 16 82 64 i E F M0Y PROPERTY A B 0 D 8- 7 6• 5 4 3 2 1 to woo No on" ONO 9 ZONE OF DREDGING OPERATIONS Mon, mm loom ® � C� � w GREENFIELD PROPERTY JUL 1 209 .,.BOARD-OF TRUSTEES - 'TOWN'OF- SOUTHOLD South Id Town DATE Board f Trustees 2 DREDGING PLAN ' 7 Scale: 0' 8 16 32 ` OWNER LOCATIIOHf PROPOSED DREDGING OPERATIONS 3/112024 WEST LAKE LACE INLET IN:LITTLE PECONIC BAY WEST LAKE HOMEOWNERS ASSOCIATION AT:SOUTHOLD,NY SUF Sheet: SUF LITTLE UN PJIC BAY LANE APPLICATION BY: KENNETH QUIGLEY-WEST LAKE HOMEOWNERS ASSOC. FOLK COUNTY,TOWN OF SOUTHOLD �+ LONG 41'01'48.VN LATT 72'24'06.4'lff v JUL 1 1 2024 Southold Town jT Board of Trustees < >i ��\�,• .�.� / /`f � i .;;: fir. ` e Le Y2 c'r fk�Cr' 671� ry L-r- C 6tolep 'YZ wig, Rif) NOTE: DREDGE TO 48" BELOW AVERAGE LOW WATER - ALW MAINTAIN A 8'-0" WIDE DREDGING AREA AND AVOID UNDERMINING ADJACENT BULKHEADS. CHANNEL CROSS SECTION 6 Scale:NTS WESTLAKE IOWNER/PROJECT LOCATIION PROPOSED DREDGING OPERATIONS 3112024 WEST LAKE INLET WEST LAKE HOMEOWNERS ASSOCIATION IN:LITTLE PECONIC BAY Sheet: 2245 LITTLE PECONIC BAY LANE AT:SOUTHOLD,NY SUFFOLK COUNTY,TOWN OF SOUTHOLD APPLICATION BY: KENNETH QUIGLEY-WEST LAKE HOMEOWNERS ASSOC. LONG 41°01.48.0"N LATT 72'2WO6.4"W 1 p E C E VE OCT 1 9 2016 5wthol imrn DAM,to- WPST LAKE ASSQ.0IAWN lainn4rl�e�rsd�in� , �wng: JUL 1 1 2024 WEST Dkkk dkIVE L�E-VIrA'TEi N 'te�i 06R` '( 'HIGHWAY DEPT. Pick u of sand -CHORNO ASSOCIATES ` Southold Town arohtgols, Board of T ustees SOUTHOLD,NEWYORK . NOTE: IS AREA IOUS PERMITS DE-WATERING AND STAGING AREA WITH THE EC a D TOWN OF S UAPPROVED INETHOLD TRUSTEES Scale:NTS AS THE BEST ACCESSIBLE AREA FOR TRUCK TRANSPORT TO AN OFFSITE LOCATION. OWNEWEST LAKE I T LOCATIION PROPOSED DREDGING OPERATIONS 3;tzoza WEST LAKE INLET WEST LAKE HOMEOWNERS ASSOCIATION IN:LITTLE PECONIC BAY Sheet: 2245 LITTLE PECONIC BAY LANE AT:SOUTHOLD,NY SUFFOLK COUNTY,TOWN OF SOUTHOLD APPLICATION BY: KENNETH QUIGLEY-WEST LAKE HOMEOWNERS ASSOC. LONG 41.01'46.0"N LATT 72°24.06.4^W � o �• i Hydrographic Map — --- West Lake Channel — — Surveyed:09-10-16 Town:Southold Suffolk um County,NY E Datum:ALW W y ed ------------ -------------'A �• 7T" _-- _ Float --edge o1 marsh o Na Bulkhead t K I fin, oqo qy'a.. a n 'I, in m i - EEC E ;_, Qm � m m w E AL 1 1 2024 E - _ -_ — rr? ulkhead _v Southold Town Boe rd of Trustees z— psi 15 e�J ROBERT H.FOXHYDROGRAPHIC MAP 4 P4Box 1 #366 Scale:AS NOTEDa.:;. OWNERIPROJECT LOCATIION PROPOSED DREDGING OPERATIONS Date, WESTLAKE INLET 3/112024 WEST LAKE HOMEOWNERS ASSOCIATION IN:LITTLE IPECONIC BAY Sheet 2245 LITTLE PECONIC BAY LANE AT:SOUTHOLD,NY SUFFOLK COUNTY,TOWN OF SOUTHOLD APPLICATION BY: KENNETH QUIGLEY-WEST LAKE'HOMEOWNERS ASSOC. LONG 41°01.48.0"N LATT 72°24.06.4"W -LOCATION PL , Et SOUTHOLD 0' 5000 10000, BAY101, SCALE IN FEETTIC_ }V,'4iI '!�,��rl SHELTER ISLAND 7 _J7 I I� T2 R 'rn:i2� �. Y 1J li I , Ir y� f II ^� 64 VillAl PROJECT j-' LOCATION WEST LAKE INLET JESSUP POINT LITTLE PECONIC BAY 7n , ,ry II,•' . WWrT 4 " N 11 �« IC'yyINITY MAP LONG (�' Y _' �_ _• ISLAND lJ tl SOUND D ATLANTIC OCEAN Southold Town Board of Trustees OVVNEWEST LAKE N LOCATIION PROPOSED DREDGING OPERATIONS 3;noz4 WEST LAKE INLET IN:LITTLE PECONIC BAY WEST LAKE HOMEOWNERS ASSOCIATION AT:SOUITHOLD,NY Sheet 2245 LITTLE PECONIC BAY LANE SUFFOLK COUNTY,TOWN OF SOUTHOLD W APPLICATION BY' KENNETH QUIGLEY-WEST LAKE HOMEOWNERS ASSOC. LONG 41°01'48.0^N LATT 72'24'06.4Wi1 WEST LAKE " 0' 100 200 SCALE IN FEET r � I 4 v � 4 r i { V 1 I .s t t lit- o � S 3 WNER/PROJECT LOCATIION PROPOSED DREDGING OPERATIONS '31112024 EST LAKE INLET IN:LITTLE PECONIC BAY EST LAKE HOMEOWNERS ASSOCIATION AT:SOUTHOLD,NY � 245 LITTLE PECONIC BAY LANE UFFOLK COUNTY,TOWN OF SOUTHOLD APPLICATION BY: KENNETH QUIGLEY-WEST LAKE HOMEOWNERS ASSOC. A LONG 41'01'".0"N LATT 72'24'06.4%V L 5 NOTE FAILING CHANNEL BULKHEAD JUL I i AND MISSING SAND BEHIND BAY VINYL BULKHEAD Southold Town THIS CONDITION OCCURS THE ENTIRE - Board of Trustees LENGTH OF BULKHEAD. APPROX 150FT = AV .2 46 PHOTO LOOKING SOUTH �- EXTREME LOW TIDE SAND TO THE BELOW IS EXCESS LEAKAGE FROM A PROPERTY OWNER BULKHEAD. • x �r�+w 7st� .. OWNERWROJECT LOCA ilk_TIION Date: WEST LAKE INLET PROPOSED DREDGING OPERATIONS 311r2024 WEST LAKE HOMEOWNERS ASSOCIATION IN:LITTLE PECONIC BAY 2245 LITTLE PECONIC BAY LANE AT:SOUTHOLD,NY ~� SUFFOLK COUNTY,TOWN OF SOUTHOLD APPLICATION BY: KENNETH OUIGLEY-WEST LAKE HOMEOWNERS ASSOC. A LONG 41"01'48.0"N LATT 72°24'06.4"W 3 r 1 all A IG7-w- PHOTO LOOKING NORTHEAST E EXTREME LOW TIDE m SAND TO THE LEFT IS EXCESS a o LEAKAGE FROM A PROPERTY OWNER BULKHEAD. OWNER/PROJECT LocnTHoN PROPOSED DREDGING OPERATIONS 3/1112024 WEST LAKE INLET WEST LAKE HOMEOWNERS ASSOCIATION IN:LITTLE PECONIC BAY Sheet: 2245 LITTLE PECONIC BAY LANE AT:SOUTHOLD,NY SUFFOLK COUNTY,TOWN OF SOUTHOLD APPLICATION BY: KENNETH QUIGLEY-WEST LAKE HOMEOWNERS ASSOC. LONG 41'01'48.0-N LATT 72°24'06.4-W 4 ;;low 11 LJ .+Y '.111i11! ��� .i•� �� — of -mt y a` i Kea 1 .y 4 � SAND AT THE MOUTH OF THE CHANNEL IS A BI-PRODUCT OF MIS ALIGNED JETTY 4w ENDS , LITTORIAL DRIFT AND WINTER p SOUTHEAST WEATHER. PHOTO LOOKING EAST R r EXTREME LOW TIDE - - - I FN SAND TO THE LEFT IS EXCESS JUL 1 1 2M LEAKAGE FROM A PROPERTY OWNER BULKHEAD. Southola Town Rn, r,' ^f Trfft( PS OWNER/PROJECT LOCATHON Date: WEST LAKE INLET PROPOSED DREDGING OPERATIONS 3I1!2024 WEST LAKE HOMEOWNERS ASSOCIATION IN:LITTLE PECONIC BAY Sheet: 2245 LITTLE PECONIC BAY LANE AT:SOUTHOLD,NY SUFFOLK COUNTY,TOWN OF SOUTHOLD APPLICATION BY: KENNETH QUIGLEY-WEST LAKE HOMEOWNERS ASSOC. LONG 41°01'48.0'N LATT 72'24'06.4-W No. I SOUTH. .', 0L.D .TRUSTE.Es GLA I issued To. We-ST I-coce, Address .THIS. NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 SOLOMON T3ERRERA MCCORMICK 1?LLC. ATTORNEYS AT LAW 40 DVIAROUS DRIVE,SUITE 202 MELVILLE,NEW YORK 11747 (516)579-6200 FACSIMILE (516)579.2409 DANIEL J.HERRERA wwwnyf1a1aw.com SUFFOLK COUNTY OFFICES MATTHEW C.1VICCORMICK ♦NOT FOR SERVICE OF LEGAL PAPERS i GREENPORT,NY 11044 •MIOHAEL D.SOLOMON,-OF COUNSEL •WESTHAMPTON BEACH,NY M78 (031)323-1300 JACQUELINE FINN BARBARO ASI3LEIGH OCCHINO FLORIDA OFFICE PARALEGALS ♦MARATHON,FL 33050 •A1.80 ADMITTED TO PRACTICE (855)585.6200 b'LORIDA-PENNSYLVANIA-TENNE98EE September 18,2024 Board of Town Trustees 54375 Main Road PO Box 1179 Southold,NY 11971 Re: Application of The West Lake Association SCTM#1000-90-02-01,11 Public Comment Date. September 18,2024 Gentlemen:: This office represents 106 Mulberry Corp. Our client is the owner of'real property located at 750 West Lake Drive(identified on applicant submission as the"Moy Property").This property is directly adjacent to the canal that the applicant is seeking a 10 year maintenance permit for. The applicant's submission(copy attached as is relevant as Exhibit"A")also indicates that the property east of our clients property is HOA property. This statement is totally false as the ownership of what has been wrongfully labeled as HOA property is now subject to a legal dispute as the HOA has never established any ownership to this parcel(See letter to NYSDEC addressing ownership attached as Exhibit`B"). Our client received a permit from your Board to replace the bulkhead along its side of the canal(Westland Permit#9873). This permit provided Town consent to replace the entire bulkhead property including the sections on West Lake Drive wrongfully identified by the applicant as HOA property. The permit also includes permission to replace an existing floating dock that has been in existence for more than fifty (50) years (See your letter of February 6, 2023, attached as Exhibit The work to date has not been performed by our client by reason of the Notice of Permit Denial issued by the New York State Department of Environmental Conservation which is submitted herewith as Exhibit"D". Such denial is predicated on a failure of our client to establish ownership of the paper road (unimproved extension of West Lake Drive). This matter has been appealed and is subject to a Administrative Judge conference this Friday September 20,2024. This bulkhead needs to be replaced and will be done as soon as the DEC issues an approval. Until such time,we submit that any dredging of the canal will cause the bulkhead to collapse and potentially close the canal. Therefore, a) until the applicant provides a report from a competent'marine engineer that certifies the structural integrity of the bulkhead and its ability to structurally withstand another dredge and b) the spoils of the dredge are designated to be placed on property owned by the applicant or consented to by a landowner (as proposed site for spoils on application submission Exhibit"A" attached)is not owned by the applicant. The permit should be denied. Thus,for the reasons stated herein,our client at this time opposes any dredging of the canal. Such objection will be withdrawn after all bulkhead and floating dock replacements are completed and arrangements are made for proper spoil placement. Very truly yours, MICHAEL D. SOLOMON MDS:ao cc: 106 Mulberry Corp. West Lake Associates c/o Kenneth Quigley EXHIBIT f6 /091 s•1 •---PAVIOUSLY APOPROVED DR-WATSRINAG AREASSE SHSST HS i ALL SPOILS OBSRIS SHALL BE STAGED FOR DEWATERING IN ONE SINGLE LOCATION.AFTER DEVATERING IS COMPLSTD 1 THS SPOILS WILL BE RELOCATED TO AN APPROVED"UPLAND" FACILITY AS ARRANGED BY MARINE CONTRATOR I 1 ' 'Y760 WEST LAv PR KE DRIVE I ; %Mbinmar 1 iaiexciDrPA.. i.n_..._ .:.-a�-v='o�=coo=•:==i4='r..�.:�'.���..�•�:rr'O��v��f��--v—•o-•__o -"u�'av-�-5°_='�r=- w•.-•6-�^v- ro• � eBylew PROJECTZONS WA Wkiki Ty sHisid pg._-_-e3=•�:�r.••n,•.nrT„-nd;L..,s?!-.e:::P�.�:�.@s.mA� .:�_'ra,--_^�___"=r---a—n••a�a _ -s?a`` .. - n __n_.._.<p._4��,._4 1, I i :060 WE LAKE DRIVE . 01 sonles 9'�3 1 � I i ! I 1 f . f j i I - A 3 :. ul ,n.,r •� ' pro mom rrme "No" ru1Me cWnerap+ aee�a rouN+ �zONE OF DREDGING OPERATIONS IONS .____:.� eeaae oLer ewaL eeeevs leas eerem errea srrraa 1 �•—a.=-_.�o,�a._.. V_ .n � `.n._.��.ta ____._>' _.._.:�.-y.���-,.�sz...•-==fir i ' 1 I I iIOR DOING PL H �l i OculeL 9"o W-Wl 0' 40' 20' -TSION PROPOSED DREDGING OPERATIONS 312612024 WEST LAKE INI"OT llds LITTLE PECONIC DAY .0hee2L- WEST LAKE NOMKOWNIMS ASSOCIATION INi LITTLE SOUT 0LD NY SUPI LITTLE UNTYs C WAY LANE APPLICATION 9V9 KENNETH QUIGLEY-WEST LAKE HOMEOWNERS ASSOC. pis 6UI'9�OLK COUNTY TOWN OF SOUTk1OLl1 LONG 4�1'09'40.W N LATI'7:W08.4"W EXHIBIT " B " SOLOMON HERIZERA 1 cCoRI iax. PLC C ATT012NDY•S AT LAW 20E50 XII➢AIT'SUMAD TTJRN.PIXP LEV.T.TTOWN,NBW'SORK 1.1.766 (516)1579.6200 ♦R&C8IMILE (61.0)G7D•R4DD DANIDL X.HERRIsORA 8UFFOLIC COUNTY OIPIPIOD�J MA'1!!L'IIEW 0.blcoORATEOl� wwwnyl`lalawcom W` _�. ♦NOT FOR SERVI07t;OF T;BGAI,PAPnU.S 4 GRI➢DNPOIZT,NY 110,14 "MIOIIADL D.SOLOMON•OF C1OUN8 rL 1 WnSTIIAMPTON DRAM.NY 11978 (081)89t2-7.800 XACQUDLINI➢PINN TIARD.AnO ASHLDIGH OOOHINO FLORIDA OVIPIOD Pe1RAL79C4tl:Gl� —•--- MAR X IRON.T1,08060 ALSO AI)MITIWIT D!eo PRAo'1`ION (aGB)6He-(tsDD P'L Q12IDA-PIDNN�YLV.\NIil-'1'7{INNL169L1. / March 30,2022 New Yorlc State Department of Environmental Conservation Attn: Mary MacKinnon Re: 106 Mulberry Corp. and West:Lance Drive, Southold,New York Section: 090.00 Block 02.00 Lot 002.00 Dear Ms.MacKinnon: Please be advised that this office represents the above referenced owner and applicant, 106 Mulberry Corp. It is our-understanding that your office requested further information regarding the ownership of that portion of West Lance Drive which the applicant proposes to bulldiead. I also understand your office raised a concern regarding the applicant's replacement of an existing floating dock along on West Lance. I have outlined the ownership history and use of West Lake Drive below along with the history of the floating dock. Hopefully you fund this letter provides adequate explanations to address your concerns so the application can proceed. The history of West Lance Drive dates back to the 1920's. Westlake Drive was formed when a developer, Queens Operators Corporation, filed a certain map in the Office of the Suffolk County Cleric creating the subdivision that includes the subject parcel owned by 106 Mulberry Corp. The parcel of land from which Queens Operators Corporation created the subdivision was obtained from Edwin II,Brown and.Adeline I Brown by a deed indenture made in April of 1926. That parcel of land was then divided.into a subdivision of lots and roadways by Queens Operators Corporation via a riled Subdivision Map filed in the Office of the Clerk of Suffolk County as Map No. 90 in 1927. That map was laiown as "Map of Cedar Beach Park." The subdivision Map included the creation of a road,labelled West Lake Drive,to which every lot on the Map had direct access to. West Lance Drive is Drily the ingress and egress through the subdivision. However,no street dedication for West Lance Drive was ever recorded, Consequently it was and remains to date, a `private road.' Title to the individual lots on the Map were eventually conveyed to new owners but there is no record of any subsequent conveyance of the ownership interest in West Lance Drive by Queens Operators Corporation. Thus,title to West Lance Drive remained with Queens Operators Corporation, Queens Operators Corporation has been defunct for decades. Nonetheless, Westlake Drive provides the only means of ingress and egress to the subject parcel, and for that matter,all other lots located with the Cedar Beach Park subdivision. Consequently, 106 Mulberry Corp. and their predecessors in title have used Westlake Drive for nearly 100 years uninterrupted to access the subject parcel. Accordingly,the subject parcel is benefited by a prescriptive right to Westlake Drive. The same is actually true for every lot located within the subdivision. As a result, West Lance Drive is and has always been self managed and self-maintained by the owners adjoining the road. In that regard,there have been several associations formed by various owners along West Lake Drive.for the purpose of collecting common expenses for the maintexsance of the roadway enuring the history of the subdivision. however,none of these associations has or ever had any recorded ownership interests in West Lake Drive. The subject property is uniquely situated in the subdivision as it is bounded by water on three sides-the Peconic Bay to the south, Westlake to the north and a channel connecting those two bodies of water to the west. West Lake Drive adjoins and runs parallel to the subject property all the way to the aforementioned channel. However West Lake Drive as a roadway terminates at the entry point to the subject parcel. Since there is a channel separating the two sides of West Lake Drive,that portion of West Lance Drive along the subject property is not used as a roadway. That area has always been unpaved grassland,which the applicant and its predecessors have carried the sole burden of maintaining. Since it is not a traversable roadway, that the portion of West Lake Drive abutting the channel is bulls-headed as is the subject property. This bulk heading is necessary in order to maintain the integrity of the applicant's lot and any shucttural improvements proposed to be built upon. To that end,the applicant has a prescriptive right to utilize and to improve,repair and maintain that portion of West Lake, including bulls-heading,which is necessary for the use, enjoyment and safety of the applicant's property. This is particularly necessary here, as there is no persons or entities that own West Lance Drive to which the applicant can turn to. Moreover,the bulls heading is necessary to prevent soil erosion into the channel which would otherwise cause the channel to become unnavigable. In fact,this Department over the last 10 years has authorized the dredging of the ehwinel to help mitigate this risk. Accordingly, despite whatever ownership of record may be shown to Westlake Drive,the applicant is entitled to unfettered to access it. In that regard, it is equally entitled to maintain, repair and replace those parts of the West Lance Drive and the accompanying bulkhead in order to maintain its necessary access and safety of its property. With regard to the applicant's plan for the floating dock,you should be aware that this is not a request for a new dock. The applicant is seeking to replace and repair an existing floating dock that has been in place and permitted by the Town of Southold for more than fifty (50) years. In or about 1970,the Town of Southold granted a permit for the aforementioned floating dock in West Lake. The issuance of this permit preceded even the formation of your Department and thus the rules subsequently promulgated by the Department. -The applicant only requested approval from the Town of Southold to repair and replace the existing dock that was authorized under the 1970 permit. The use,maintenance and operation of this floating dock falls under and is a continuation of this permit issued in 1970. I believe the foregoing should address all the concerns you raised. However,in the event you have any further questions or concerns please do not hesitate to contact me. Very truly "4�'",.. MATTHEW C. MCCORMICIC,ESQ. MM:atn cc: 106 Mulberry Corp. EXHIBIT fG /'<I� 91 Glenn Goldsmith,President aQ SdU Town Hall Annex A Nicholas Krupski,Vice President �0� P j 64876 Route 26 P.Q.Box 1179 Eric Sepenoski at Southold,New York 11971 Elizabeth Peeples =h ♦ p� Telephone ) 66.1892 �f! '� Fax(681 76) 6-6Bh1 `'�eouam, BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 6,2023 Sherri Ascher NewYork State Department of Environmental Conservation SUNY @ Stony Brook,50 circle Road Stony Brook,NY 11790 RE- DEC#1-4738-04087/00007 106 Mulberry Corp.Broperty. 750 W Lake Dr. Southold,NY 11971 SCTM#1000-90-02-01 Dear Sherri Ascher, Regarding the proposed application(DEC#1-473M087J000t17j,the-Fown of Southold Board of Trustees have approved the work under our Welland Permit#9873.The Board of Trustees consent to the portion of the project to be performed on Trustee orTown property(SCTM#1000-90.01-11)as per the stamped approved plans,contingent upon the applicant providing an indemnification agreement and proof of certificate of insurance to the Trustees before any work is commenced. Based upon our field inspections,the Trustees note that the existing bulkhead is in poor condition and in need of replacement. N Please feel free to contact me if you have any questions. Sincerely, �t Glenn Goldsmith President nnard of Tructews t:,&HIBIT VLLD97 I NE'W,,YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ©ivision of Environmontal Pormits,Roglon 1 SUNY di Stony Brook,50 Circle Road,Stony Brook,NY 11790 P:(631)444-03651 P:(631)444-0360 www.decmy.gov NOTICE OF PERMIT DENIAL --� July 15, 2024 .106 Mulberry Corp ciu Stuart Moy 106 Mulberry St, Apt 7 New York, NY 10013 Re: 106 Mulberry Corp Project Application #1-4738-04087/00007 Facility Address: 750 W Lake Dr, Southold, NY SCTM#1000-90-02-01, 1.1 (including paper road) Dear Applicant: The Department of Environmental Conservation (DEC) has completed a review of your Tidal Wetlands application for a permit to develop lot 1 with a single-family dwelling with an attached deck and sanitary system and to replace all bulkheading, in-place and to develop lot I I including the paper.road with a gravel driveway and to replace a dock and all bulkheading, in-place and has made the following determination. i We find that your application fails to meet the standards for permit issuance pursuant to the implementing regulations of the Uniform Procedures Act(6 NYCRR Section 621.2), as outlined below. 621.2(d) Applicant means a person, as defined in subdivision (z) of this section,filing appropriate applications and supporting materials for the purpose of obtaining a permit from the department. Eligible applicants are owners, lessees, and operators at a project site or facility. 621.2(z) Porson means any corporation, limited liability partnership, firm partnership, association, trust, estate, one or more individuals, any other legal entity or any unit of Federal, State or local government or any agency or subdivision thereof, including any State department, bureau•, commission, board or other agency, public authority or public benefit corporation. Although you have established your ownership of lot 01 and the proposed activities would be permittable, you have not established the same for lot 11 including the paper road. Hence, you are not the owner, lessee or operator of lot 11 and you have not submitted the required documentation identifying the owner of the lot and provided authorization from the owner for you to apply for a permit for the regulated activities located on their property. NEW Oepartrnent of TATE Env franmentat Conservation In DEC's Final Notice: Request for Modification of Proposal, dated June 27, 2024, DEC recommended that all activities proposed on Lot 11 and the paper road be removed from the project. Your response, dated July 10, 2024, stated that no further documentation on this application is available and requested that DEC deny the permit application. Thus, because the application, as submitted, fails to meet the standards for permit issuance as listed above, the permit is hereby denied for the development of both lot 1 and lot 11 including the paper road. Be;advised, the Uniform Procedures Act Regulations (6 NYCRR Part 621) provide that an applicant may request a public hearing if the permit is denied. Any such request must be. made in writing within 30 calendar days of the date of this denial and must be addressed to the Regional Permit Administrator at the above address. A copy should also be sent to the Chief Administrative Law Judge at NYSDEG, 625 Broadway, Albany, NY 12233-1550. Do not hesitate to contact me at 631-444-0362 if you have any questions. Sincere( i Mar MacKinnon Deputy Regional Permit Administrator i cc: Michael Solomon, Esq, Suffolk Environmental Consulting, Inc, BMHP, File i i Glenn Goldsmith,President � COGy.+ Town Hall Annex A.Nicholas Krupski,Vice President 54375 Route 25 0 Eric Sepenoski W ,? P.O. Box 1179 Liz Gillooly "y • o!� Southold,NY 11971 Elizabeth Peeples col �a Telephone(631)765-1892 Fax(631)765-6641 Southold Town Board of Trustees Field Inspection Report Date/Time:Seah,Mbrr it,2v2,1 Completed infield by: �1�tiabe} p2P,D�c Ken Quigley, President on behalf of WEST LAKE ASSOCIATION, INC. requests a Wetland Permit for a Ten (10) Year Maintenance Permit to dredge the channel into West Lake by.dredging to 48" Below Average Low Water and maintain an 8'-0" wide dredging area to avoid undermining adjacent bulkheads; dredge spoils to be placed at the end of West Lake Drive for de-watering and then removed off-site. Located: West Lake Channel, Southold. SCTM# 1000-90-1-11 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Part of Town Code proposed work falls under: Chapt. 275 Chapt. 111 other Type of Application: Wetland Coastal Erosion Amendment Administrative Emergency Pre-Submission Violation- Notice of Hearing card posted on property: Yes No Not Applicable Info needed/Modifications/Conditions/Etc.: S�rraiah���wa� Present Were: ✓ GGoldsmith _ZN. Krupski v"� E. Sepenos'ki L. Gillooly vl E. Peeples r ( � r Adjacent Property Owners To the West of the Channel: Barbara Greenfield (property Address 550 West Lake Drive) Mailing Address 306 West 38th Street Apt 1101 New York, NY 10018 To the East of the Channel: Doug M®y (property Address 750 West Lake Drive) Mailing Address 88 Mulberry Street New York, NY 10013 NEW YORK STATE DEPARTiV EM OF ENVIRONMENTAL CONSERVATION Facility DEC ID 4-4738-0275 4 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: Facility: THE WEST LAKE HOMEOWNERS ASSOC THE WEST LAKE HOA INC INC C/O KENNETH QUIGLEY E END OF W LAKE DR 2245 LITTLE PECONIC BAY LN SOUTHOLD, NY SOUTHOLD,NY 11971 Facility Location: in SOUI'HOLD in SUFFOLK COUNTY Facility Principal Reference point: NYTM-E: 718.58 NYTM-N: 4545.305 Latitude: 411101'46.7" Longitude: 72°23'59.9" Project Location: West Lake Inlet, Southold Authorized Activity: Maintenance dredge approximately 400 square foot area to a maximum depth of- 4 MLW to yield approximately 25 cubic yards of sand to allow for navigation through the channel. All dredge spoil is to be temporarily staged in approved dewatering site befor'e being relocated to an approved upland site. All work must be in strict conformance with the approved plans prepared by Kenneth Quigley, last dated 3/26/2024, and stamped NYSDEC approved on 5/20/2024. (VAR) Permit Authorizations Tidal Wetlands,- Under Article 25 Permit ID 1-4738-02751/00007 New Permit Effective Date: 5/20/2024 Expiration Date: 5/19/2034 Water Quality Certification -Under Section 401 - Clean Water Act Permit ID 1-473 8-02751/00008 New Permit Effective Date: 5/20/2024 Expiration Date: S/19/2034 Excavation & Fill in Navigable Waters - Under Article 15, Title 5 Permit ID 1-4738-02751/00009 New Permit Effective Date: 5/20/2024 Expiration Date: 5/19/2034 Page I of 7 ,LOCATION PL 0' 5000 10000, s `+ SOUTHOLD ;a BAY SCALE IN FEET r7C, +1IC kn, �1s� yi SHELTE ISLAND T2'. ',i%�'1 4}f�L ! p[, 1�VV'It '2j-..i ! RT , { + '� r411 it -��'� I 1 1 l:✓ W' jtt +, PROJECT LOCATION WEST LAKE INLET JESSUP POINT �` �`"��`' °�•�?r1�+ LITTLE � i PECONIC BAY �1 t' h Sjl 0 , IC'INITY MAP y; a LONG ( ISLAND lJ SOUND L'� ATLANTIC OCEAN Southold Town Board of Trustees OWNERIPROJECT LOCATIION PROPOSED DREDGING OPERATIONS 3'1'1/2024 WEST LAKE INLET WEST LAKE HOMEOWNERS ASSOCIATION IN:LITTLE PECONIC BAY Sheet 2245 LITTLE PECONIC BAY LANE AT:SOUTHOLD,NY SUFFOLK COUNTY,TOWN OF SOUTHOLD APPLICATION BY: KENNETH QUIGLEY-WEST LAKE HOMEOWNERS ASSOC. LONG 41"01'48.0-N LATT 72'24'06.4�W WEST LAKE Y /\ 4 ' 0' 100 200 SCALE IN FEET •L'" n4-k Cal .� .� pr l ar ! e s O _ 1 3 WNEMPROJECT LOCAT_IION oatso EST LAKE INLET PROPOSED DREDGING OPERATIONS 3/1/2024 EST LAKE HOMEOWNERS ASSOCIATION IN:LITTLE PECONIC BAY sh"t 245 LITTLE PECONIC BAY LANE AT:SOUTHOLD,NY UFFOLK COUNTY,TOWN OF SOUTHOLD APPLICATION BY: KENNETH QUIGLEY-WEST LAKE HOMEOWNERS ASSOC. A LONG 41°01'48.0"N LATT 72'24'08.4"W L U. C E E NOTE FAILING CHANNEL BULKHEAD n A 1 AND MISSING SAND BEHIND BAY VINYL LO BULKHEAD Southo{a Town THIS CONDITION OCCURS THE ENTIRE Board of Trustees LENGTH OF BULKHEAD. APPROX 150FT - .-,,,�...•�`. III w�. ...�_ I i I I r. PHOTO LOOKING SOUTH EXTREME LOW TIDE SAND TO THE BELOW IS LEAKAGE FROM A PROPERTY O BULKHEAD. x OWNER/PROJICT_L_OCATIION PROPOSED DREDGING OPERATIONS 31112024 WEST LAKE INLET WEST LAKE HOMEOWNERS ASSOCIATION IN:LITTLE PECONIC BAY Shoot:2245 LITTLE PECONIC BAY LANE AT:SOUTHOLD,NY SUFFOLK COUNTY,TOWN OF SOUTHOLD APPLICATION BY: KENNETH QUIGLEY-WEST LAKE HOMEOWNERS ASSOC. A LONG 41'01'48.0"N LATT 72°24'06.4"W 3 w 3 I t 6 C lb 1. bw / -egg r —�C_ PHOTO LOOKING NORTHEAST r a°� OR EXTREME LOW TIDE — - z. `l SAND TO THE LEFT IS EXCESS a .LEAKAGE FROM A PROPERTY OWNER BULKHEAD. V-- All WEST OWNER/PROJECT IN LocATuoN PROPOSED DREDGING OPERATIONS 3112024 WEST LAKE INLET WEST LAKE HOMEOWNERS ASSOCIATION IN:LITTLE PECONIC BAY Shoot 2245 LITTLE PECONIC BAY LANE AT:SOUTHOLD,NY SUFFOLK COUNTY,TOWN OF SOUTHOLD APPLICATION BY: KENNETH QUIGLEY-WEST LAKE HOMEOWNERS ASSOC. LONG 41'01'48.0"N LATT 72'24'08.4"W � I y a �i SAND AT THE MOUTH OF THE CHANNEL IS A BI-PRODUCT OF MIS ALIGNED JETTY ENDS , LITTORIAL DRIFT AND WINTER SOUTHEAST WEATHER. - I �Ilk PHOTO LOOKING EAST EXTREME LOW TIDE D SAND TO THE LEFT IS EXCESS JUL 1 1 209 LEAKAGE FROM A PROPERTY OWNER BULKHEAD. Southold Town Trustees OWNER/PROJECT LOCAT110N Data: WEST LAKE INLET PROPOSED DREDGING OPERATIONS 3r mob WEST LAKE HOMEOWNERS ASSOCIATION IN:LITTLE PECONIC BAY 2245 LITTLE PECONIC BAY LANE AT:SOUTHOLD,NY I Shoat: SUFFOLK COUNTY,TOWN OF SOUTHOLD APPLICATION BY: KENNETH QUIGLEY-WEST LAKE HOMEOWNERS ASSOC. LONG 41`01'48.0"N LATT 72'24'06.4"W F - PREVIOUSLY APPROVED DE-WATERING AREA SEE SHEET#8 I I � I I I, ,I oa .I�m 0 m m m1I xut POMP I [_7 f � ` PROJECT ZONE N I I I I I I I I � I I I I I I �1 CHANNEL PLAN 7 Scals:l'=sr-0 0' 16 32 64 b10Y PROPERTY R C D E F 7 6 5 4 3 2 1 A O - -— --- -0'+7- now wow 1_ _ ZONE OF DREDGING OPERATIONS Mom M � C) � GREENFIELD PROPERTY --� JUL 1 1 203 South {d Town Board of Trustees DREDGING PLAN 01 a 1e 32 WMEWEST _AKE I rLocATuoN PROPOSED DREDGING OPERATIONS 3r 2024 WEST LAKE INLET WEST LAKE HOMEOWNERS ASSOCIATION IN:LITTLE PECONIC BAYS 2245 LITTLE PECONIC BAY LANE AT:SOUTHOLD,NY SUFFOLK COUNTY,TOWN OF SOUTHOLD APPLICATION BY: KENNETH QUIGLEY-WEST LAKE HOMEOWNERS ASSOC. LONG 41`01'48.0'N LATT 72°24'08.49AI p E C E W A 1 1 2024 Southold Town Board of Trustees r . �txf-rvto Le 415 Ar ' Cal � o� 2C9Gy195. NOTE: DREDGE TO 48" BELOW AVERAGE LOW WATER - ALW MAINTAIN A 8'-0" WIDE DREDGING AREA AND AVOID UNDERMINING ADJACENT BULKHEADS. CHANNEL CROSS SECTION 6 Seale:NTS T LOCATIION WEST LAKE INLET PROPOSED DREDGING OPERATIONS 3/1/2024 WEST WEST LAKE HOMEOWNERS ASSOCIATION IN:LITTLE PECONIC BAY Sheet: 2245 LITTLE PECONIC BAY LANE AT:SOUTHOLD,NY SUFFOLK COUNTY,TOWN OF SOUTHOLD APPLICATION BY: KENNETH QUIGLEY-WEST LAKE HOMEOWNERS ASSOC. LONG 47"01'48.0"N LATT 72"24'06.4^W 7 f i p ECEHE OCT 1 9 2016 5outhf9d iovin f Trustees lUJ V _ DAIS:(0—i$•'ter' WEST LAKE ASSQCIATIQN JUL 1 1 2024 WESTL,A- E DRIVE QE:1lICAT�IAIG FORd '� 'HIGHWAY DEPT. Pick UP of sand -CHORNO ASSOCIATES ` Southold Town . ft Board of T ustees SOUTHOLD,NEWYORK . NOTE: DE-WATERING AND STAGING AREA THIS AREATHE DEC a D TOWN OF SOUTHOLD TRUSTAPPROVED IN PREVIOUS EES 8 Seale:NTS AS THE BEST ACCESSIBLE AREA FOR TRUCK TRANSPORT 11 TO AN OFFSITE LOCATION. OWNEWEST LAKE N LOCATIION PROPOSED DREDGING OPERATIONS Date- WEST WEST LAKE INLET WEST LAKE HOMEOWNERS ASSOCIATION IN:LITTLE PECONIC BAY AT:SOUTHOLD,NY SUFFOLK COUNTY,TOWN OF SOUTHOLD Sheet: 2245 LITTLE PECONIC BAY LANE APPLICATION BY: KENNETH QUIGLEY-WEST LAKE HOMEOWNERS ASSOC.SUF LONG 41`01'48.0"N LATT 72°24'06.4"W r o f Hydrographic Map !* �. West take Channel Surveyed:09-10-16 14 __.- Town:Southold Suffolk County,NY E Datum:ALW _30- 5 Ns PKE edge ---------------- L • om y _• ed ge of ' marsh A. Float Bu L lkhead - �41k? K — oqq e H ,M I i D In, � o_ C, ��i. pf«.o iD .. - -- COY �_l:J 2-15 E — _ w E F G v�� J L 1 1 2024 ' - �` E -F _Bulkhead Southold Town `- '' DN Bo rd of Trustees a�T n C u m T 6 P,G0N1G #, ROBERT H.FOX .�. � ' M-VLS*50197 7 HYDROGRAPHIC MAP r .` w= :J PQ6ox#36tS 9 Sealer AS NOTED - - e — `'• := g -NY 11931 OWNEWEST LAKE I TLOCATIION PROPOSED DREDGING OPERATIONS Date: ;2 4 WEST LAKE INLET WEST LAKE IN:LITTLE PECONIC SAY HOMEOWNERS ASSOCIATION AT-SOUTHOLD,NY Sheet: SUF LITTLE FOLK COUNTY,TOWN OF SOUTHOLD ONIC SAY LANE APPLICATION BY. KENNETH QUIGLEY-WEST LAKE HOMEOWNERS ASSOC. UF LONG 41'01'48.0'N LATT 72°24'06A'W ,ek i 1 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION � *' Facility DEC ID 1-4738-02751 L ` NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL,all applicable regulations,and all conditions included as part of this Permit. Permit Administrator:MARY A MACKINNON, DEPUTY REGIONAL PERMIT ADMINISTRATOR Address: NYSDEC Region 1 headquarters SUNY @a Stony BrookJ50 Circle Rd Stony Brook,NY 11790 -3409 /N( !A / Authorized Signature: Date U Distribution List- Bureau of Marine Habitat Protection File Victoria Reed Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS; WATER QUALITY CERTIFICATION; EXCAVATION & FILL IN NAVIGABLE WATERS 1. Post Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous location on the worksite and adequately protected from the weather. 2. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Kenneth Quigley, last revised 3/26/2024, and stamped NYSDEC approved on 5/20/2024. Page 2 of 7 D3YIM p��r • rp y • „u : • ,= N ,s roan oP "� j yv 3.3N0 A � r 3 z N, �suE a ! � 3 DR • 6 p p mU ,ztw QEbA J TawR DE soumaD k R Powr 241) ••tl••"^,•^ P � asNd j n - � � • �, •. 8 � r s ^- Resr �p _ .. YI "" y 4 �' �D,yR • • 'O „ °IL p O (sul S iy A DR 1.lMG N �I M ,• — e HOG HECK HAY i COUNTY OF SUFFOLK © E aan s¢crroRra pnx Property Tax Semoe Agency Y ON D rar 3f r �3r Mrsau W —__ �u --•-- sru--�-- ^ rwr:.w t0W NrN4 � P PROPERTY IMP OFFICE LOCATION: + MAILING ADDRESS: Town Hall Annex P.O.Box 1179 54375 State Route 25 Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To- Glenn Goldsmith, President Town of Southold Board of Trustees From: Mark Terry, AICP LWRP Coordinator Date: September 18, 2024 Re: LWRP Coastal Consistency Review for WEST LAKE ASSOCIATION, INC. SCTM# 1000-90-1-11 Ken Quigley, President on behalf of WEST LAKE ASSOCIATION, INC. requests a Wetland Permit for a Ten (10) Year Maintenance Permit to dredge the channel into West Lake by dredging to 48" Below Average Low Water and maintain an 8'-0" wide dredging area to avoid undermining adjacent bulkheads; dredge spoils to be placed at the end of West Lake Drive for de-watering and then removed off-site. Located: West Lake Channel, Southold. SCTM# 1000-90-1-11 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the action is CONSISTENT with the LWRP. Turbidity controls are required. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Honorable Lori Hulse, Attorney Caroline Burghardt,Chairperson Town Hall,53095Main Rd. Lauren Standish,Secretary P.O.Box 1179 Southold,NY 11971 Telephone(631)765-1889 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held on Wed., September 11, 2024 the following recommendation was made: Moved by Carol Brown, seconded by Nancy May, it was RESOLVED to SUPPORT the application of WEST LAKE ASSOCIATION, INC., KENNETH QUIGLEY, PRESIDENT for a 10-Year Maintenance Permit to dredge the channel access to West Lake. Located: West Lake Channel, Southold. SCTM#90-1-11 Inspected by: Carol Brown, Nancy May The CAC recommends the applicant considers rebuilding the failing bulkhead. Vote of Council: Ayes: All Motion Carried y Glenn Goldsmith, President so Town Town Hall Annex ' �. A. Nicholas Krupski,Vice President �O� ®�® 54375 Route 25 P.O. Box 1179 Eric Sepenoski Southold,New York 11971 Liz Gillooly Elizabeth Peeples � � � Telephone(631) 765-1892 Fax(631) 765-6641 D BOARD OF TOWN TRUSTEES JUL 1 1 2024 TOWN OF SOUTHOLD This Section For Office Use Only Southold Town Board of Trustees Coastal Erosion Permit Application Wetland Permit Application Administrative Permit Amendment/Transfer/Extension So Received Application: 7 0t 44 Received Fee: $ AS Completed Application: Incomplete: SEQRA Classification: Type I Type II Unlisted Negative Dec. Positive Dec. Lead Agency Determination Date: Coordination:(date sent): / _LWRP Consistency Assessm nt Form Sent: CAC Referral Sent: 8� �I oZ _Date of Inspection: tXj Receipt of CAC Report: Technical Review: _Public Hearing Held: Resolution: 4Owrier(s) Legal Name of Property (as shown on Deed): ®ram ! C� Mailing Address: /Z r� L 1,c— I I aJ-V Phone Number: G 1 tp- Suffolk County Tax Map Number: 1000 - Property Location: - (If necessary, provide LILCO Pole#, distance to cross st eets, and location) AGENT(If applicable): KZN ab, t1i Mailing Address: Phone Number: 5 4 g — 4P Email: 06" - 9 Q ca,,r�se�fi" $13o1d-y - 3<, d of Trustees Application 'r GENERAL DATA Land Area(in square feet): �(O Ox, 'Zv Area Zoning: Previous use of property: Gam'� Intended use of property:Covenants and and Restrictions on property? Yes No If"Yes", please provide a copy. Will this project require a Building Permit as per Town Code? Yes No If"Yes", be advised this application will be reviewed by the Building Dept. prior to a Board of Trustee review and Elevation Plans will be required. Does this project require a variance from the Zoning Board of Appeals? Yes �No If"Yes", please provide copy of decision. Will this project require any demolition as per Town Code or as determined by the Building Dept.? Yes �No Does the structure (s) on property have a valid Certificate of Occupancy? Yes No A Prior permits/approvals for site improvements: Agency Date _T hc� � a � No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? No Yes If yes, provide explanation: Project Description (use attachments if necessary): *c' i of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: 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: 62 feet Does the project involve excavation or filling? No Yes 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 L Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: I T a4-k a Gas Ae4n G%l orb T6?v ' 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): UL- t,J (L 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information f�'el `'tc i l W` �C- 1 r`!C." Name of Action or Project: Project Location(describe,and attach a location map): Brief Description of Proposed Action: Name of Applicant or Sponsor: =C�4 6 a Telephone: 1 P®z &' E-Mai I: J1 G? Address: L�- City/PO: State: Zi Code: /97i 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes, list agency(s)name and permit or approval: ❑ ).a:Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? ffo Z acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial XResidential(suburban) ❑Forest ❑Agriculture EXAquatic �Other(specify): L 7 L L.N ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ❑ ❑ b.Consistent with the adopted comprehensive plan? ❑ Z ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ Z 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes, identify: /] 1i�-1 ❑ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES rA b.Are public transportation service(s)available at or near the site of the proposed action? ❑ ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed actin ❑ ❑ 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: El El 10. Will the proposed action connect to an existing public/private water supply? �I NO YES If No,describe method for providing potable water: ❑ ❑ 11.Will the proposed action connect to existing wastewater utilities? �r NO YES If No,describe method for providing wastewater treatment: /V � El ❑ 12. a. Does the site contain a structure that is listed on either the State or National Register of Histor�/,, NO YES Places?b. Is the proposed action located in an archeological sensitive area? ❑ ❑ 13.a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: /Aug/ 6a � /n�c✓�r���'� /��c- tN�'l�.l�� � 9� D 14. tify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: WShoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional Wetland ❑Urban ❑Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? � El 16. Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a. Will storm water discharges flow to adjacent properties? ❑NO [—]YES ❑ b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ONO ❑YES Page 2 of 4 . , 18. Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ❑ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: ❑ 20. Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor Date: ?lq 12z 7,a I Signature: - .!' Part 2- Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the.following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur I. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the ❑ establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ❑ affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: ❑ a. public/private water supplies? b.public/private wastewater treatment utilities? 2r 8. Will the proposed action impair the character or quality of important historic,archaeological, FA ❑ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g., wetlands, �s` ❑ waterbodies,groundwater,air quality,flora and fauna)? f�J Page 3 of 4 _ No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage ❑ problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting,probability of occurring, duration, irreversibility,geographic scope and magnitude. Also consider the potential for short-tern, long-term and cumulative impacts. ElCheck this box if you have determined, based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ElCheck this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town of Southold-Board of Trustees Name of Lead Agency Date President Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT Page 4 of 4 Bc`, 3 of Trustees Application AFFIDAVIT BEING DULY SWORN DEPOSES AND AFFIRMS THAT HEVSHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE BOARD OF TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES, INCLUDING THE CONSERVATION ADVISORY COUNCIL, TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH THIS APPLICATION, INCLUDING A FINAL INSPECTION. I FURTHER AUTHORIZE THE BOARD OF TRUSTEES TO ENTER ONTO MY PROPERTY AND AS REQUIRED TO INSURE COMPLIANCE WITH ANY CONDITION OF ANY WETLAND OR COASTAL EROSION PERMIT ISSUED BY THE BOARD OF TRUSTEES DURING THE TERM OF THE PERMIT. i 6tf Property O Wo er Signature of Property Owner 4 SWORN TO BEFORE ME THIS ��DAY OF --yv 6f , 20 _ James vt Bradley Notary Public,Slate of New York No.02BR6002896 Qualified in Suffolic county y Public EXPI.MSo FFbe°B1'Xy 17,61-1 of Trustees Application' AUTHORIZATION (Where the applicant is not the owner) I/We, (10 64-Kf xx-f A-7-1 J JC-- jomzws of the property identified as SCTM# 1000- q(0- l in the town of New York, hereby authorizes to act as my agent and handle all necessary work involved with the application process for permit(s) from the Southold Town Board of Trustees for this property. Propert wner's Signat!,)jK Property Owner's Signature SWORN TO BEFORE ME THIS j DAY OF v�y , 20i Notary Pui�Nc;�'.s ^� j.:;work .4kA� No.82ER'6002096 Notary blic Qualified in Sufffoiic county Toren Expires:February 17,20-L., � i 1 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. - YOUR NAME: V 1& 6��2L-IP4 /NG- (Last name,first narhe,.riddle initial,unless you&6 applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other',name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day of ( 20� Signature Print Name Form TS l Bc�, l of Trustees Application PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS APPLICATION NAME & SCTM#: NAME: :t. Ad v- 1-i 92- 1- /(o -� 90 /- a y 9o -I�a6 •� STATE OF NEW COUNTY OF SUI-�.� and says that on the a)—Po Q 1 ,a true copy of the Notice set forth in, / rove named persons at the addr-; 7 — — f'7�= set opposite the names of said persc 90 '"�`— I S assessment roll of the Town of South( Office located at were mailed to each of said persons by CERTIFIED MAILIRETURN RECEIPT. Signature Sworn to before me this Day of , 20 Notary Public Board of Trustees Application PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS /000— q0— APPLICATION NAME & SCTM#: `,JJIC, NAME: ADDRESS: STATE OF NEW YORK COUNTY OF SUFFOLK gocJ,uG'(t4 QJI&be—y , residing at 2ZK�?Y1-,00&r R0 dA-i1 ZA- -;�WT4dp /Jq 1/ 17/ , being duly sworn, deposes and says that on the /74t�day of 20 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office located at -(SLY] /\J y //571 , that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN REC1111PT. � ignatu Sworn to before me this l Day of e�V, M 20Z)e . .lames to of©y E�otary I'uEaiic, Scat®®f NetN York 111'416&� '(�A No.02BR6002896 N a jJu7 I Quoiiffied in 5uifa9ic County 'For ra Expires:February 17,a 0'L� U.S. Postal Service'" U.S. Postal Service CERTIFIED MAIL@ RECEIPT Ir Domestic Mail Only CER P TIFIED MAILRECEIPT CE) Ir D,mestie Mail Only Ln S ot"44P-PRY fMrl, 1`� L a L Lrn Certified 111 rm M Certified Mall Fee 11 144 LLa 40V FIV�Q I. 41f; rl A LI Er $ $4.85 M, %7 Er $ (c ackbc N M Ext Services Fees �h add fee 03 $4.85 Return Receipt(hardeopy) $�11 I,", M Extra Services&Fees(check box,add ftes ate) Return Receipt(electronic) ❑Return Receipt(hardcopy) $ 11 ru rU r3 s, Post Certified Mail Restricted Delivery Tark, ❑Return Receipt(electronic) $ 0 $ C3 $000 C-3 ❑ He e�� C3 - C-3 Adult Signature Required I $ C El Certified Mail Restricted Delivery $ q;9.9H r. 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Only Er Ln Ln .r • .... ` Ill \w_,y ) Certified Mall $4.81 0971 03 M Extra Services&Fees(check box,add feeI�n ate) []Return Receipt(hardcopy) $ ru ❑Return Receipt(electronic) $ Il !1I1;r NY stmark O ❑Certified Mail Restricted Delivery $ .h'J Q Here 0 r r O []Adult Signature Required $�— ' ❑Adult Signature Restricted Delivery$ a•A �Ort A '�J Postage $0.73 i 1 $ r.�SEp t'19 OV,2tl74 $tl Pgge and Feea s R / ru `f bbii �t� w l ru Sent To R ---------- � Street anp r ox City State,ZIP+4® u ? ► Cantrell, Elizabeth From: Ken Quigley <kquigleyy@gmail.com> Sent: Friday, September 13, 2024 2:51 PM To: Cantrell, Elizabeth Subject: West Lake Dredging Application Ms Cantrell Liz, I didn't want this to be a technical obstacle when reviewed by your office. Upon reading the instructions for sending notifications to neighbors there were 2 specific neighbors where their Tax Bill Address does not match their current residence. 90-1-14 Rogelski-Stanley(95 yrs old) has been relocated to a Nursing Facility in Oyster Bay.The notice was sent to his daughter who is in charge of his affairs. 90-1-4 Greico moved to a new residence in Smithtown 2 weeks ago and I informed Steve that the Tax address is still listing their old location. The Certified Mail Receipts have the addresses to where the notices were sent. I have provided names and phone numbers of both neighbors to confirm they were notified. Steve Greico 631-235-8664 Marcelle Speduto 631-219-8872 All of the Lakefront residents notified are members of the HOA and aware of the application. Receipts and Notarized Documents will be in your office on Monday. Ken Quigley 516 982 7612 ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 Glenn Goldsmith, President �Qg11fF0(�-co Town Hall Annex A.Nicholas Krupski,Vice President 54375 Route 25 Eric Sepenoski y z P.O.Box 1179 Liz Gillooly Wpft Southold,NY 11971 Elizabeth Peeples 4i'� �a0� Telephone(631)765-1892 Fax(631)765-6641 .a BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of WEST LAKE ASSOCIATION,INC. COUNTY OF SUFFOLK STATE OF NEW YORK AFFIDAVIT OF POSTING �DO�NO G'0, <PL�E E I�'HIS'FORM UNTIL THE POSTING:HASSREMAINED c,LN PLACE-iFOROATTgLIEAST*S>EIVEiN DAYS PRI O RHO-:T-HE-FPUBVIC, HEARING DA-TZCOMPLETETHI 'OR1VI ON EIGHTHDAzY°OR �1R residing at/dba (f 1f 'd'r C� GYiI/d��✓, ��� being duly sworn, depose and say: That on the day of , 20� , I personally posted the property known as by placing the Board of Trustees official noticing poster where it can easily be seen from the street, and that I have checked to be sure the noticing poster has remained in place for a full seven days immediately preceding the date of the public hearing. Date of hearing noted thereon to be held Wednesday, September 18,2024. Dated: gnat ) / Sw rn to be re me this (j ay of 20 James I 13radloy Lary P bilc,State of Nc�f York !w 14®.02SRS002896 NO u iC buaiified in Sufiolic County Tom Expires:February 17,20-!:.G , NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Southold Town Board of Trustees at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: WEST LAKE ASSOCIATION, INC. SUBJECT OF PUBLIC HEARING: For a Wetland Permit for a Ten (10) Year Maintenance Permit to dredge the channel into West Lake by dredging to 48" Below Average Low Water and maintain an 8'-0" wide dredging area to avoid undermining adjacent bulkheads; dredge spoils to be placed at the end of West Lake Drive for de-watering and then removed off-site. Located: West Lake Channel, Southold. SCTM# 1000-90-1-11 TIME & DATE OF PUBLIC HEARING: Wednesday, p, September 18, 2024 — at or about 5:30P.M. If you have an interest in this project, you are invited to view the Town file(s) which are available online at www.southoldtownny.gov and/or in the Trustee Office until to the day of the hearing during normal business days between the hours of 8 a.m. and BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated. as to its significant i�cant, beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# ) 000 - 12 - / -// PROJECT NAME U)& The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees 1. Category of Town of Southold agency action(check appropriate'response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity,agency regulation,land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license,certification: Nature and extent of action: �4 J � 1 Location of action: �` tA?c`Z` Site acreage: �> Present land use: � � Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: to � � IC® (b) Mailing address: t(��1,���NdC� 9-7 (c) Telephone number: Area Code( ) l " �J 8-z-7�/z, (d) Application number, if any: l v Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes;�4 No❑ If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes No/Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes 0 No Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No/Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. res' No Not Applicable 1 Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No No t Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. Yer-1 No❑ Not Applicable Attach additional sheets if necessary w ? WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. Se LWRP Section III.—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. VYes ❑ No ❑ Not Applicable � ► ' Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No Not Applicable z ze PREPARED BY TITLE DATE�d'1