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HomeMy WebLinkAboutTR-418TOWN OF $OUTHOLD '~'" BOAR~ OF SOUTHOLD. TOWN TRUSTEES SOUTHOLD, NEW YORK ' ,WETLANDS PERMIT, Thl~ Wetlands Permit No, ....4..1.{I. ........... has been granted by the Town Trustees according to Intotmatlon furnished Tn.Appllc~tion No, ...~.3..0.....,'... filed by i [,and Use Appl cant ...................... .~.... on file in the Trustee Office under the application number given. ...... To maintenance dredae a 85~ x 60~ area to a Permit granted to do the touowlng work .......................................... . ..................................................... de tl~ st 4t at mlw. Resultant · oil a r ' ~ ...... P.J ....................................................... ~ ....... f,.~P....~.,...~.9.L~.V, ,...X d#., .. ~..~ ~ r~t ..w),l 1..~.~.. ~ r.~ ~ ~ to an u land-elto. · ' .' · · . Locatlon of prope, rty on Which work to be d. of~e [,ake Dr[ve at West [,ak' ' .-... . , ....................................... ....... ....... ,.. ..... ,. !'.' . required shall subject this perm'i~:, to immediate revocation by ttie Trustees upon 'rqceJ t b th ~rustees. of w~r;tte~l'notlce from such.other governmental or ---~;^:--'-.'o"--:.t^- '-~, ~-- ~'- y. · , · est. Creek, 8a¥ or..H.a~or .fronting property .. ......... .~.~.%.9~.f,.9~[.[~.~[..~.~,,T~..D.a.g ........ .: ....................... . .-~ 85 Size of work: I.engtn ........................................................ ; .............. ; ..................................................... Width' · ' Height Above High Water · · Depth 8slow Low Water Yards robe Excavated 600 cu. yds.. ' Yards to be Filled " Land ba · Manner In which material is to be removed or deposited ................... ;~...~..RT.R~I~ ................................... Intended use of property ...,A..e,s,.t..c[.R~.t.!.a..~ ........ · " fi'"'":'"'""'"'"'"°:""°',',,,,,,, ....... · < Conditions Proof of cont ' ' q d..~,md,.a ............... '"'"'"'"'"'"'"................. ....... .9... :.;.....~.=E~-a ox water la taKe~ nfl,,,. +,, *~-, -~ ~ . ' .. . . ............. ..; ........................... · ~ "ff work has 'not ~comm^-'--= ..... ' ' E?.piration O~,o ,Tune 25, 198 ........................... .~Y...fl~!{.~ ~tiTR~.~ . 2-?rustees a~e to be astir ' ' '' ' Number of Inspections Required ................................................ J.e..~l...L~.<~..A...c.~,.m.~,!R.t.~,9~., ..oJ[ the wor~(:, , ................,.. · Inspection Fees . .?..1..0d.0..0.. ...... ' - . ' .~ ' 'L,~b, hty eohc,es m the Amount of ...$..[..0.,0..,..0.0..0.:. ............................... , ;.~.:'. · '"'.:,.' '~ ,;.~ ~,.'~v ,~ .. .... , . ' ' ~"h'?,': ' "~<~'~':P' ~ ~. ' ." ' ~ ' Th~ vafidity of this pe mit Is or may.be subject to the approval of other governmental or mun;~ilbal · 'authorities'· The Town accepts no responsibility.in· applying for or obtatning such approval. In the · event that such approval is necessarY, the holder of this permit shall not commence operations here. ~nder until such approval has been obtained in writing. The failure to obtain such'other app'~:0Val when u ~ ? · PUBLIC HEARING IN THE MATTER OF WEST LAKE ASSOCIATION NOTICE IS HEREBY GIVEN THAT PUBLIC HEARING WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK ON THURSDAY, JUNE 25, 1987 ON THE FOLLOWING APPLICATION FOR PERMITS UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD. In the matter of the application of the Land Use Company on behalf of the West Lake Association to maintenance dredge a 85' x 60' area to a depth of 4' at LMW. Resultant spoil (approximately 600 cu. yds. of sand) will be trucked to an upland disposal site. Property is located on Lake Drive at West Lake, Southold. Trustee Smith: Will the Clerk please read the communication regarding this application. Clerk: Dear Mr. Smith: Please be advised that opposition to the proposed dredging of West Lake exists and that on behalf of the property owner residents Mr. & Mrs. Dai Moy and ourselves we request that your table any decision at this time pending further investigation and study of community objections and concersn. Basically, some of our concerns are: 1. How will this dredging impact on the environment? How realistic is the request for 4 ft. at MLW in such a small pond, and is it highly excessive? What of the effect on the existing shellfish, and birdlife that survive on that area of the lake? Will the increased volume and tidal force effect the surrounding wetlands? 2. The damage to our bulkheading and properties, how extensive and detrimental will it be? And are you prepared to assume responsibility if it occurs? How much impact will there be on surrounding properties and adjoining bulkheading caused by the depth and extend of the proposed dredging, directly or indirectly? We, the Moys and ourselves, each own properties that abut each side of the canal leading in to adjoining West Lake, and we maintain our bulkheading at great cost. This past year, we ourselves replaced approximately 200 ft. of new bulkheading lining the canal and bay front on our own property. What can we expect will be the extent of undermining of this bulkheading if the dredging is approved? How much damage will occur as a result of the increased water volume/activity? We are prepared ~o hold all those responsible if any undermining or damage does occur directly or indirectly to our bulkheading and properties. 3. How seriously will the water safety of our area be affected as a result of the proposed dredging? How much will the proposed extensive dredging and resulting increased water volume make our area accessible for many more and increasingly bigger boats that are motor run? Small sailboats have no difficulty in entering and using our lake. Will the increased traffic in and out of the canal and adjoining our bayfront beach areas seriously threaten the safety of near by beach activities? Please note all the individual familys swim beaches lining our bay front shores on either side of the canal. We, and the Moys, directly adjacent to either side of the canal enjoy the swimming and have grave concerns for our safety and for our children's safety. One adult member of our immediate family sustained serious bodily injuries just within the past few years, being over ran by a neighboring mororboat in the very vicinity of the canal and bayfront in waist high watrer. To summarize: We in the West Lake Community who have grave concerns about the proposed dredging trust that each of you, as Town Trustees, will Public Hearing - West Lake Association Page 2. - June 25, 1987 carefully scrutinize and weigh the consequences of any approval you might consider for dealing with the proposal before you now. We have every confidence that you will proceed with caution and please, if you so choose, provide us the opportunity to help clarify our position to your satisfaction. It is our sincerest wish that you assist us in any way possible to help us, as a conm~unity, work to keep our area in its present natural, tranquil condition. For those who have lived here for many years, having purchased our properties in full knowledge of the limitations of little West Lake not a viable big motor boating area such as Gull Pond, etc. we appreciate the support of the authorities in keeping us on the right "keel", protecting us from encroachment and endangerment of our safety and property and rspecting our rights to affording a good life on our North Fork. Thank you for your kind consideration and cooperation. Sincerely, Marcelie & Herbert Greenfield and Sim and Dai Moy Dated: 6/22/87 This is a letter from Mr. & Mrs. Moy that I would like to note also: Dear Herbert~ You are authorized to enter our objections along with your objections for the permit, to dredge West Lake in Southold, on June 25, 1987 at the Board of Trustee meeting. My wife, Dai Moy and I are not members of the West Lake Association and never were. The dredging of West Lake may cause damage to our bulkheads. Sincerely, Dai Moy & Sim Moy Dated: June 2~, 1987 TRUSTEE SMITH: Thank you. Does any one have any comments to make on this application? RICHARD HUP~HREY: My name is Richard Humphrey and I have two parcels on West Lake. This problem was presented to me by Mr. Procoff. I don't know if he is here tonight. It was my understanding that we were restoring the lake to its natural state. In the year and one-half that I owned the property, which it was explained to me that as a result of the Greenfields dredging, who's letter I just sat here and listened to. that we've had about 19 years of deterioration in the natural depth of West Lake. ~Caich I am very interested that they have pontificated so in this letter. Is it not so that they have a permit to dredge for their own personal use to bring a larger boat in? Part of this bulkhead included dredging? When I called I understood that they dredged, is that true? TRUSTEE BREDEMEYER: We would have to check the file. RICHARD HUb~HREY: When I called, and did some investigation I understood that the Greenfield's had dredged so that it was fine for them to bring their motor boat in, but it was not fine for everyone else. I can attest that in my area at low tide we might have 3 ft. of ware there. That was not the way that it was suppose to be. If they are so concerned with ecology, they should be concerned with restoring the ecology so that the animals can live there and have life as they know it. TRUSTEE SMITH: From my personal knowledge of this area, it has been dredge before but without any real success. TRUSTEE LARSEN: How long then, with your familiarity with the area, would it take for that area to fill up again. GLENN JUST, LAND USE COMPANY: It would probably take less than 18 months to shoal up. It was originaly dredged three quarters of the wav down to a depth ot 5' below mlw. where the bulkhaad is in place now. That is what the permit says. I examined the Public Hearing - West Lake Association Page 4 - June 25, 1987 that they have an application into the County to continue the dredging. Then they would dredge out our canal. It would not help them if they could not get through the canal. At low tide the canal is pretty bad. TRUSTEE BREDEMEYER: Is your principal concern the fact that your concerned that your bulkhead may be undermined? Mil. GREENFIELD: Yes, that is one of our concerns. TRUSTEE BREDEMEYER: Is that a principal concern? This is shoaling at such a rapid rate that we may be presented with a creek that is entirely closed. Mit. GREENFIELD: I appreciate your concern. But it is also our understanding that it will not close because of the bulkhead that was put in on both sides. The build- up has increased but not to that extent. TRUSTEE SMITH: Mr. Greenfield how long have you lived there. MR. GREENFIELD: Thirteen years. When I came there we had the same problem and I came with the idea that I would bring a sail boat and nothing more. I know what the lake was like and we want to keep it that way. TRUSTEE BREDEb~YER: Do any of the owners allege to have rights to the bottom land there. Or deeds? FR. GREENFIELD: Not that I know. TRUSTEE GOUBEAUD: How deep is your staving there below ground? MR. GREENFIELD: I believe 6 ft. If they dredged 4 ft. below .... TRUSTEE LARSEN: Did you dredge after your bulkhead was installed? FR. GREENFIELD: Yes. TRUSTEE LARSEN: Which under mines it. FR. GREENFIELD: No we didn't dredge that much. We dredged 6 ft. below the bottom of the canal. MIKE MOONEY: I'm Mike Mooney of North Fork Ma~ine Construction who was contracted to do this job. Like Glenn said all we wish to do'~remove the bar, any dredging in the canal is limited to behind the property owners on either side to a point where it is going to dig in the center of the channel no digging on either side in a dish slope. As for big boats going in and out there there is still no way to get clearance for a big boat. It is just to get the property owners to get their motor boats in and out. To increase water flow. TRUSTEE SMITH: What are you doing with the spoil? MIKE MOONEY: We will truck it out to an upland site. Some will be used for the roads. using a land crane. TRUSTEE KRUPSKI: The application does show it coming up all the way .... Public Hearing - West Lake Association Page 3 - June 25, 1987 permit this morning in the D.E.C. office in Stony Brook. We are asking ~or 4 ft. at mlw. It shoaled up a lot. You can waik across and barely get your pants wet. TRUSTEE LARSEN: In your opinion what is the reason for the shoaling up? GLENN JUST: I think that if the groins that exist on the outside were prefilled before they were constructed it would cnt down a lot of the sand drifting in the mouth. Because it is tough getting in and out there the homeowners are basically landlocked. They are paying a good amount of taxes on the property and it is almost impossible to use the basing. TRUSTEE BREDEMEYER: Mr. Chairman, for the record, I don't believe that the gentleman got a chance to identify himself. GLENN JUST: I'm Glenn Just from the Land Use Company thank you. TRUSTEE SMIT~: Thank you. Any one else have anything to say for or against this project? ED BRENNAN: My name is Ed Brennan I own property on West Lake. We have lived there for i3 or 14 years. We always had a certain amount of difficulty getting in and out into Little Peconic Bay. Mr. Greenfield replaced his bulkhead. In the process of doing that there was a certain amount of sol] that sifted into the channel. Of course when they put in the new bulkhead, they had to jet the new poles down. This disturbed also a certain amount sand. As part of the deal he dredged the channel to get it back to where it was before. This all disturbed the sand. On an incoming tide a lot of the sand washed in. Where we want to dredge is not in the channel at all. It is inside of the bay, inside the lake, where all of this sand washed. We had a certain amount of sand in there before. Now, there is a bar built up and you can just about walk across from one side to the other. As a result you can only get out with an outboard motor at half tide on the way up and the way down. Other than that you have to leave the boat on the out- side because you will never get in. TRUSTEE SMITH: It is my impression that you don't want to dredge in between the two bulkheads? ED BRENNAN: No. Ail we want to do is remove the sand bar which has formed as a result of sand washing in and as a result of the work that was done. TRUSTEE SMITH: I think there was a gentleman .... TRUSTEE BREDEb~YER: Mr. Brennan, when was the last time that the inlet was dredged before? To the best of your memory? bR. BRENNAN: I do not remember it being dredged before. TRUSTEE SMITH: I remember it being dredged before. bR. GREENFIELD: It is our understanding that if they dredged the canal that they would still have problems getting out there. We dredged, but we didn't dredge to 5 ft. below mlw. We dredge just enough to put behind our bulkhead. It would be counter productive if they were to just dredge the mouth of the lake. I understand Public Hearing - West Lake Association Page 5 - June 25, 1987 MIKE MOONEY: Yes the bar does go all the way across the pond. I have been down there and you can walk across. I am not touching any wetlands, just basically removing the bar that is there. I plan on starting to dredge from the old wall and dredging from that point and at that part of the channel pull out the sand bar. I see no problem with undermineing at all. Thank you. RUTH 0LIVA: My name is Ruth 01iva. I would like to clarify this in my own mind. The dredging that is going to be done, is going to be done exclusively in the pond and not in the canal coming in between the two bulkheads? Am I correct? They are only taking out the build up of the bar? TRUSTEE GOUBEAUD: Ruth, come up and see the map. TRUSTEE LARSEN: They are only going to dig a small area in the middle. TRUSTEE BRED~MEYER: Mr. Mooney, do you mind if I ask you a question? TRUSTEE SMITH: Mr. Mooney, Trustee Bredemeyer has a question for you. TRUSTEE BREDEMEYER: The Trustees are currently having the insurance provision of the ordinance reviewed by the Town Attorney. Would you have any objection if we developed the requirement that you provide insurance holding the Town harmless and possibly permitting the reconstruction of the neighboring bulkhead should there be a problem during the dredging? You have no problem with the amount that we would determine through the Town Attorney as being the appropriate amount on this project. MR. MOONEY: No I have no problem. TRUSTEE BREDEMEYER: The policy is being reviewed at this time. MR. MOONEY: No, no problem. TRUSTEE SMITH: Does any one else have any questions? ~S. GREENFIELD: My name is Mrs. Greenfield. Can you tell me if the West Lake Association has applied for any permits for dredging from the Town? TRUSTEE SMITH: This is what we are hearing now, there application. TRUSTEE LARSEN: Do you mean the County? MRS. GREENFIELD: Yes. TRUSTEE BREDEMEYER: No at this time. TRUSTEE SMITH: Are there any other comments. No response. Do any of the Trustees have any comments? No comments. Then I will close this hearing. Catherine & Joseph Barbato 411 Fc. urth Aver~ue East Northport, New York 11731 (516) 266-3527 January 17, 1990 Town of Sc. uthc, ld · ~ 53095 Main Road J' Sz. uthold, New Yc.rk 11971 f: i,,J'~ Dear Mr. Harris: The ir~tent of this letter is r._-.t meant to be mai icic, us tc, ar~yone. Hc, pefully it will bring a harmc, r~ic, us solutic, r~ t,;, the prc, blerns of this cc, rnrnur~ity in a justifiable rfar~ner. The ir~dividual rights of bay frc, nt hc,mec, wr~ers r~Ltst be heeded to allow everyone the right to take protective r,~ea~_ures fr. or,~ disastrc, us storms and c, ther perils by c, btair~ir~g the necessary permits. Rs per records or, file with the Board of Trustees, ir, 1D~J~h~ Towr, Board of Southold issued permit ~418 to dredge West Lake, ir~ar Beach Park. Without our knowledge or approval, our nar,~e ap~~'~ list ,of ~1 homeowr~ers ider~tified as a r.z,r~-existant "Wes~- A~ociatic, n'. ur, suspecting tmxpayers. Persc, r, ally, we car~e¢,z:~his oor,~titutes asso¢iatior, which assumes the legal ri~ ~' '¢-,~pe~r,t the cor, ser,sus of all the resider~ts ir~ the West Lake area.~h ~r~ accbptable policy car, used by ar~yor~e to ~air: what is desired~=lwith r~.2. ¢or~cerr~ eof' thB &rl]p¢ct c.r~ the ill, mediate er~virerfffler~t. Before cc, r, sult ir~g of' ascertair~ing the cc, r~ser~sus of the area residents, a required payment was solely ir~itiated <er~c~.osure ~1) to ~gin processir~g the perr~its. Subsequer~tly the residents were ir, formed ~,d solicited tc, share ir, the cc, st. _We _did- DCz_t. cc_,Dt_Ei_b~_,t_e oE res~2Dd! The procurer is ur, kr~own to ar~yor~e arid the sigr~ed permissic, r, slip tc. "Al Regulatory Agencies" is very vague arid lacking infc, rn~ation. Several tin~es ir~ previous years, re.q~ests for the dredgir, g of West Lake were denied by both the Town arid C~]~¢~t?~fficials because of its ecological importar~ce to marir~e ar~ ~f~nal life. All cor~tiguous pr,:,perty owr~ers were r, otified (er~clc, sure #2) 'alr, d the hornec, wr, er's wishes were heard arid cot, sidereal. Towr~ records show that the work was done with r~o permit from the ~rr,~y Co~-p. of Engineers. A mar~-r~ade sar, dbar and other serious problems that did not previously exist, were created. Due to the ~agr, itude of the ppoject~ we questior~ why ar~ er, vi~orm~ental if~paet statement was r, ot ~equested o~~ r~equi~ed. The ~esultar~t impact is devastatir~g to the ccm~mur, ity arid ir~ oup twenty-seven yea~s of ~esider~cy~ we have never- witr~essed such adver~se eonditior, s. The c,~-lgir,ai provisior~ of the ~'e~mi, val of sand to the town landfill c,r' the dist~ibutic, n alc, r~g the shc,~elir~e ir~ the bay was ~h~nged. Ir~stead, it was sp~ead on the r. oadway ~esultir~g in ~uts that a~e ve~y bad. Sit, ce the ur~de~wate~~ ~ights e~e owr~ed by the Town of South¢,ld, ~m--,~e cor~side~atior~ sheuld be giver-, tc, the r~ar~ir~e arid ani~nal life, to the ecol,z,~y~ to the di~inishing wetlands ar,d to the re~ivir, g br~eeding habitat ef shellfish that was destr'oyed by the b~owr, tide. It ehc, uld not ber~efit a few who willir, gly chose to put'chase pr~ope~ty ir, this quiet arid pr. ivate the fight to ~uin the envir~orm~er~t arid ir~f~i~ge or, the tr~ar~quility and later~, ir~ the spr~ir~ of 1989, fc,~ a West Lake Assc, ciatic, r~ (enclc,~ur e ~3)~ plar, s we~'e r~ot f~uitful ir, 1987, two, yea~-s a r~otiee was ser~t u~'~in§ all hc. meowneps to to inet-ease p~ope~-ty value and enjoy~,~ent The existir~g arid established Cedar~ Beach Patak Assc. ciatior~ ir~cludes this ar~ea arid ar~y hc,~ec, wr~er~ is fr~ee to joir,. It is r.]t logical to have two, assc, ciatior~s that f~ay have legal cor~flicts, ir~volving the Towr~, with futur~e developmer~t of the pr~opc~sed Angel Shor~es. The ~ajc, r~ity conser~tir~g ~.oter~s of ar~y assc, ciatior~ deter~mir~es their~ acccm~plishmer~ts. By pr~eser~tly establishing a West Lake Associatior~, the votir~g powe~~ would be cor,t~olled by a few, who r~epr~esent a s~all ~inute sectior~, r, ot the entitle co~nur~ity. If a ~ove~er~t has been ir~itiated to or~gar~ize arid ir, cor~por~ate a West Lake Ass?eiatior~, we do not wish to be associated with the fc, r.~etior~ arid do not pepmit the ~.~se of c,u~~ r~a~]e fo~~ ar~y put'pc, se c,r~ r~eason. We ~'~.spectfully r'equest that y:,,ir~ office p~'ovide a copy c,f this lette~' to be kept c,r~ file with all Cour~ty ar~d/,z,r' State Agencies that have jur'isdictic, r~ to issue a Ce~'tificate of Ir~co~pc, r'atic, r,, that ~ay have beer, filed or will be filed in the futu~-e, fo~' a "West Lake Association" or its cc. unte~pa~'t ~'ep~-esent ir~g this a~'ea. We demand that sit,ce the eor~ser~_us of the a~'ea r-e~-idents wer'e nc, t r~eflected ir~ 19B]~ those I~ho wer~e sc, lely ir~str~u~,~ental ir~ or~i_gir~ating the pe~mit~ be held finar, cially r~espor~sible to r~emove the ~an-made sandba~ that still ~esides ir~ the lake fr~cm~ the ur:licensed dr~ed~ir~ and tc r~esto~e the ~oad to its fo~mer~ cor~dition. This is a sur~mer~ cc, mmunlty and ou~~ tax dollar's suppor~t the schools arid other~ esser~tial set'vices that do r~ot ber~efit us. Upor~ speakir~g with a~ea cesider~ts, we agr~eed that all tr~ar~saetior~s have occu~ed dur~ir~g the wir~ter ~nor~ths, wher, r~o or~e has kr~owledge er~ ir~cle~ent weather~ p~ever~ts attendar~ee of public hear~ir~gs. We ask that you keep us arid the other' taxpayer's appea~ir~g or~ the list, ir~formed of all futu~e actior~s and hea~ings ~egar~ding this matte~~. On February 28, 1989 the Board of Trustees approved to extend pe~'n~it #418 to expire or, March 2, 1990. Ir~ view of the fac. ts, kir~dly scrutinize the validity of the perr,~it arid we trust that appropriate actier, be taken to void it. Ail other regulatory agencies should be r,_-,tified to review their We thar, k you, ir, advance, for ye, ur eor, sideratior, ir~ thi~ matter ar, d would appreoiate ar, or,-siQht ir,spection to disouss this ~,~atter further. ~/~/athc-,~ne ~, J,Z,~Eph, Barbatc, Er~cl osures (3) M r. Jc, hr~ M. Breden~eyer III F'resident of the Board of Tru£tees Tc, wr~ c,f Southold Jah~es Schor~debare - Towr~ Attorr, ey for the Towr, c,f Sc, u~hc, ld THE ASSEMBLY STATE OF NEW YORK ALBANY June 25th, 1990 COMMI~rEES Elect~on Law Health Higher Educelion Mr. Thomas Jorling, Commissioner NYS Dept. of Environmental Conservation 50 Wolf Road Albany, New York 12233 Dear Mr. Jorling: Enclosed you will find correspondence from Mrs. Joseph Barbato concerning dredging in Southhold. As you can see there seems to be a question as to the manner in which the permits were issued. Work has started and it is our intention to request a review and investigation into this matter. Your prompt attention and reply would be appreciated. JJF:cs encl. c.c: Mrs. Barbato US Army Corps of Engineers Joseph Sawicki%/ truly yours, Catherine and Joseph Barbato ..... ~1~ FoOrth Avenue .... East Northport~ New York 11751 (516) ~66-~5~? June el, 1990 The Honorable John J. Flanagan New York State Assembly - Ninth AD ~4 Woodbine Avenue Northportv New York 11768 Dear Mr. Flanaganl I am writing this letter to protest the method used by the 8outhold Board of Trustees in aocepting application and issuing Wetlands pepmit #418, to a non-existant "West Lake Association" in 1987. They ~re~ to this dayv ppotecting~ defending and encouraging the progress. The Department of Enviponmental Consepvation and the Army Corps of Engineers are unaware of the fatty and questionable~ illegal work continues. Please arpange an immediate on-site inspection of the apea of West Lake Driver Southold, New York. There are many problems facing the West Lake area. They must be pesolved in a mannep that is fair and unbiased to individual homeowners who a~e not represented by a consultant that works fop the sole interest of who pays him and not for the benefit of the whole ~ommunity. The authorities seem to condone and yield to their capricious conduct with no long-term view of the impact to the environmentv coastline or to the individual ta~payeps interests whom they represent. My intention is not to carry tales~ but to protect my property and ~phold fair §overnment. I will state and support facts and ask you to judge fairly and act so that authorities do not make this a future and a~ceptable practice. Enclosed please find the following~ Copy of Wetlands permit #418 obtained from the Southold Board of Trustees (SBT) issued to applicant Land Use Co. for West Lake Association~ on June ~5~ 1987 Copy obtained from (SBT) that was used to give permission to all regulatory agencies to issue pepmits. Please note the lack of information and that the signature is not the same as the one that appears in lettepv item #5 - below. Copy of letter dated April ~3~ 1987 that was sent to me soliciting neighbors to pay fop share of ~os~ to obtain peemits since the party who signed the letter had forwarded his check to begin processin~ without notifying or ascertaining the consensus of the area ~esidente beforehand. I did not contribute or respond. A liar obtained from (SBT) of 21 unsuspecting taxpayers represented as a non-existent "West Lake Association". The list was obtained from the tax roll and was used t~ procure the permits. My name appears as an applicant without my knowledge, permission op authorization. I discussed the matter with the .(SBT) and they sta~ed that the "application was a fraud". However, they argued that there was a public heaping. I argued that if they accepted'the list~ they should have requested signatures of all named or have proof that an association existed. No one has the legal right to use anyones name and represent them falsely unde)~ a bogus association. We live in a democracy and our civil rights are protected in our Constitution. A copy of letter received two years later pest-dated April ~8~ 1989 calling fop a meeting on May 2?, 1989 to discuss forming an association which did not previously exist. I attended the meeting, but did not join and I strongly oppose it. There is an. existing and established Cedar Beach Park Association that has interest in this area - such as a 50' community beach, and jurisdiction of the filed map. It is not logical to have two associations that may have legal conflicts involving the Town with the future development of the proposed Angel Shores. By presently establishing a West Lake Association, the voting power would be controlled by a group who seek change that benefits a few and not the entire community. Your records show the problems that I had to overcome to obtain a permit to build a small ~0' jetty. Although the Town of 8outhold claims to have no jurisdiction on bayfront problems, such as mine, they requested a Draft Environmental Impact Statement from me which later was rescinded on the recommendation of the Army ~orps of Engineers. The permit #418, shows that 600 yards were to be excavated at West Lake. Why was no Draft Environmental Impact 8tate=ent required or requested? Also~ why no fine was imposed for the work done without Army Corps of Engineers permit? I was threatened with a stiff fine! I a~ still confronting problems that were not resolved in 1987. I want and demand justice as a law abiding citizen and taxpayer and refuse to be put on the defensive for following the. law. If the authorities condone illegal work and no punitive measures are taken, then it is their responsibility to enforce~ that the work done legally, be protected fro~ the ppoblems,,that result from the unlawful work. ~indly introduce legislation in the 8tare Assembly where all marine consultants and contractors involved with any coastal or environmental project be strictly monitored for their behavior. Also enforce substantial penalties for illegal work done! ~ I thank you for your time and help. Very Truly Yours~ 'Catherine and Joseph Barbato Enclosures (5) Date~ To all Regulatory Agenciesl P~ease be advised that Land Use Company has my permission to apply for'all permits necessary to complete this ptoject.~. TO: SUBJECT: West Lake Residents Dredging of West Lake April 23, 1987 Dear Neighbors: The Bad News: As most of you are well aware, the area where the bulk head from the bay meets the lake has developed a substantial sandbar. The sandbar has severely reduced the amount of water entering the lake. in addition, it has made boat passage possible only at high tide. I am sure that most of us have purchased land plus housing around West Lake because of the water and the benefits it provides. In our immediate area, lakes similar to West Lake have disappeared because residents failed to take action. To be sure regardless of whether ycur land is on the bay or lake, the loss of West Lake would seriously diminish your property value. The Good News: We have a solution! Please find enclosed a copy of a letter from the Land Use Company. They will provide the necessary permits re-- quired to remove the sandbar. As you can see, they require $485.00 to begin processing the permits. As of this letter~ I have for- warded them a check to begin. You should also know that the Army Core of Engineers and DEC have been to West Lake and feel strongly this dredging should take place. There are 15 property owners directly affected by this problem. If everybody fairly participates in the solution, the approximate cost per owner should be $450.00-$500.00. This seems like a small price to pay for protecting our property values and preserving the community lake. Pleas~-.forw.ard your share of the permit fees A~A~_~_ o~ n~.~a~u~u ~oa~, ~oc~vi~le ~entre, New York llb/O. $45.00 per owner. If you have any questions, please do not hesitate to contact me. Business % 9-5 - (516) 825-7350; Home evenings (516) 766-6295. Sincerely, 17 Osborne Road Garden City, N. Y. 11530 (516) 747-3514 and (516) 765-4778 duly 18, 1989 To the Property Owners of West Lake: On duly 1, 1989, a meeting of the newly formed West Lake Association was held at the home of Tom and Peggy Prokop. Those attending represented twelve families in the area. They are: A1 & Mary Ellen Amend doe & Catherine Barbato Ed Brennan, dr. Hike Costello Phil & doan Giordano Herb & Marcella Greenfield Peter & Phylles Gunn Dolores Holman Bud Lang Tom & Helen HcDonagh Tom & Peggy Prokop Bill Riley At the meeting, West Lake Association was organization's name. The' proposed by-laws were presented, reviewed appropriate. The final version is enclosed. agreed on for the and changed, where An Executive Committee was formed as follows: Tom Prokop Ed Brennan Bill Riley Mary Ellen Amend President Vice President Treasurer Secretary The Executive Committee will meet to set up additional committees and to formalize the Association. An initial membership fee of $250. per family or property owner was agreed on at the July 1st meeting.' This wi. ll cover ,the legal and incorporation expenses. The annual dues will be decided at a later meeting.. Any work done in the area will be by assessment. It is apprec.iated if your check for $250., payable to the West Lake Assocfation, is sent no later than August 15th to: Bill Riley 164 Brittle Lane Hicksville, N. Y. 11801 There will be another Association meeting in September and, hopefully, all will attend. Notices of the time and place will be sent in advance. Looking forward to seeing you then! ~..' /~<~ Secretary 8 Briar Hill Road Holmdel, NJ 07733 August 9, 1990 Mr. Scott L. Harris Supervisor, Town of Southold P. O. Box 1179 Southold, New York 11971 Dear Mr. Harris: I am writing to you on behalf of the West Lake Association, Inc. to request your assistance in getting the County to preform maintenance dredging at West Lake Pond, Great Hogs Neck, Town of Southold. Residents of West Lake have requested this dredging in the past (see attached letters from 1976) but no dredging has been performed by the County. Instead, these residents have had to arrange for dredging on their own. The West Lake access channel is again in need of dredging. There are existing permits but one of these will expire by March 1991. Although the land surrounding West Lake is privately held, West Lake is currently open, by water, to the public. Commercial clammers frequent our waters. We understand that at least two private channels are currently being dredged by the County. They are Wunneweta Lagoon and Wunnoweta Pond on Nassau Point. I will be available from 8/13/90 until 8/21/90 to meet with you to further discuss this issue and determine what avenues to follow to expedite this request. Please call me at 516-765-1109. Thank you for your assistance in this matter. Sincerely, West Lake Association, Inc. Edward L. Brennan Vice President Enclosures lb TRUSTEES John M. Bredemeyer. III. President Henry P. Smith. Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone {516) 765-1800 August 17, 1990 Edward L. Brennan, Vice President West Lake Association, Inc. 8 Briar Hill Road Holmdel, NJ 07733 RE: Dredging West Lake/Letter of 8/9/90 Dear Mr. Brennan: This letter will confirm our conversations of earlier this evening (8/16/90)as well as address your letter of August 9,1990 to Supervisor Harris, which he has asked me to answer. First and foremost among your questions was the ability of the Town or County to fund and or undertake the maintenance dredging of West Lake in the foreseeable future. In reality, the Town has no funding or mechanism in place to undertake such a project at this time. The County, if it were able to fund additional projects at this time, (which is doubtful given its fiscal situation) would not undertake'a project as ypurs as it will not meet their "public benefit criteria". Whilst your view that West Lake is available to general public navigation is shared by the Trustees, we have not successfully prevailed upon the County in past instances to have this reason be the sole public benefit criteria ~ecessary for a county-supported dredge project. For the County to support a project, it is required that a marine-dependent use be in place which meets certain thresholds. Typically, a commercial marina open to the public or a Town-owned boat ramp with public parking is required as a minimum. Your second question concerning conducting operations under your permits and others should be framed with the caveat: Conduct only operations for'which your organization has a permit. If you wish to make use of other permits, they can only be transferred by approval of the Town Trustees after consulting the Town Attorney. Similarly, you will need permission of all other involved agencies including the U.S.C.O.E. and the N.Y.S.D.E.C. Proof of satisfactory liability insurance holding the Town harmless from activities will be required in all cases. In closing, I would suggest you try to work together as a community to achieve your water access goals. Responsible dredging projects do provide public benefits and are permissible under current laws, but take ti~e due to severe regulatory agency personnel limitations and the high degree of environmental review mandated by law. If this office may be of further assistance, please do not hesitate to call. Sincerely, M. Bredemeyer, III President, Board of Trustees JMB:jb cc: Supervisor Harris Town Attorney CAC File Catherine and Joseph Barbato 411 Fourth Avenue East Northport, New York 11731 (516) 266-3527 Mr. Tom Hart TOWN OF SOUTHOLD State of New York -- Department of State Albany, New York DEPARTMENT OF STATE COASTAL PROGRAMS AUG 2 0 1990 RECEIVED F-86-141 U.S. Army Corps of Engineers/New York District Permit Application #86-574-L2 (Joseph Barbato) Dear Mr. Hart: Assemblyman John J. Flanagan forwarded correspondence to you on Feb. 1, 1990 regarding ice damage to the .jetty built in 1987 at our property in Hogs Neck Bay, Southold, New York. (e~¢10$ure) On June 21, 1990, we also protested to his office, the method used by the Southold Board of Trustees in accepting application and issuing Wetlands permit #418, to a non-existant homeowners association misrepresented as "West Lake Association" for which the dredging was done without the permit of the U.S. Army Corps of Engineers (ACE) at the time. By choosing to be different than the area residents and seeking lawful permits to protect our erosion problem, we never anticipated to be embroiled in the political arena and labeled as "criminals" for upholding the law. Our intent is not to chide, judge or cor-~demn, but to be hot, sst ~nd realistic. We are the sole victims affected by biased made decisions, and we will continue to seek justice; not only for ourselves but for other unwary, hurting and scorned individual homeowners who unknownly are caught in the web of politics that consultants and contractors play, contrary to the interest of protecting or conserving the environment, for which the laws are established. non-existant "West Lake Association" and believe they can do whatever they so desire as evidence by the illegal work done in 1987. The construction this remote and secluded community, at the westerly side of West Lake in 1988 and eliminated the natural habitat of fiddler crabs and other marine and wild life that are so important to the ecology and environment. · If illegal work is condoned, then satisfactory measures should be taken to help the victims that are affected similar to us. On June 30, 1986, we received from Mr. Aram V. Terchunian of your office, a Suspension of Consistency Review which stated "Groins are designed to hold or accrete a beach by trapping sand moving naturally in littoral transport, thus creating a natural protective beach. and must be periodically maintained, etc. We adhered to every condition that was stated on our permit and have no intention to suffer a financial catastrophe by being the sole homeowner designated and discriminated to periodic maintenance. If consultants can wield so much power to satisfy the demands and whims of clients with illegal misrepresentation, we refuse to be appeased by a granted permit that was always guaranteed by our constitutional right to protect our property. Although we feel exploited, victimized and manipulated, we hope and trust that a lot of good came about by our direct dealings in 1987 to reach the goal of CZM in managing the coastal line for all affected homeowners. We are confident of your assurance to aid us in solving the problem caused by the westerly 76~ jetty that you personally stated was built without a per,it and was confirmed by the New York State Department of Environmental Conservation and ACE. Erosion still exists and is very severe on the westerly side of our property where the damage occurred this past January due to the ice flows that were moved by the littoral transport. We would be grateful if the matter can be activated and a solution brought about immediately before we have further damage with the hurricane season coming upon us. In our past association, we stressed that we did not want to be involved with the dredging at West Lake or implicated with neighbors' illegal work. It is beyond our control that our property happens to be located at this strategic and vulnerable location that is affected by the groins built illegally. Ir, good faith, we appeal for your help and trust to hear favorably from We thank you in advance. Truly yours, Catherine & Joseph Barbato The Honorable John J. Flanagan Charles Hamilton - Region 1 Bureau of Marine Habitat Protection Enclosure - 2/1/90 letter HARVEY A. ARNOFF Town Attorney MATI'HEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD INTER-OFFICE MEMO FROM THE TOWN ATTORNEY'S OFFICE SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 SEP 25 JB O TO: FROM: John M. Bredemeyer, III, President, Board of Trustees Matthew G. Kiernan, Assistant Town Attorney DATE: September 25, 1990 RE: Catherine and Joseph Barbato At the request of the Supervisor, I have been directed to investigate the allegations of Catherine and Joseph Barbato made in their letter of September 5, 1990 (see attached). Please look into this matter and supply me with your comments as soon as possible. FEB February 7, 1989 Mr. Kujowski Town of Southold Board of Seuthold Town Trustees Southold, New York 11971 Dear Mr. Kujowski: On June 25, 1987, West Lake Association received Wetlands Permit ~418 (application #530) to dredge an area within West Lake. Our permit expires on June 25, 1989. We are requesting an extension on this permit to June 25, 1991. The reason for this request is that we had a delay in receiving a permit from the Department of the Army. We have now received our permit from The Department of the Army (see attached) and will now be able to dredge the area. In order to do so we must now raise the funds from home owners on the Lake and this may take some time. We hope this request will be granted and fees necessary to extend our permit will be promptly paid. Thanking you and the other trustees in advance for your cooperation in this matter. Very truly yours, West Lake Association 33 Richmond Blvd. Rockville Centre, NY 11578 WWR:lma Enclosures: Town of Southold Permit Department of the Army Permit New York State DEC Permit Copy of area to be dredged Septer~lber 5, 1990 Scott Harris, Supervisor Town of Southold 53095 Main Road Southold, New York 11971 Ca~he~ine and Joseph Barbato 411 Fourth Avenue East Northport, New York (516) 266-3527 11731 Re: Wetland Permit #418 - Non-existent West Lake Association Obtained by misrepresentation ir~ 1987 Dear Mr. Harris: On Sunday, Septe~nber 2, 1990, of the Labor Day Weekend~ we and other property owners on the bayfront were visited by three officers who represented the "West Lake Association, Inc." to collect the a~ount of Upon discussing the fact that we were not notified beforehand of any proposed plans for road work, a re~ark was ~nade, "Are you notified beforehand when your taxes go up? You use the road ~ost because you have to go the furthest to the Bay." Because nine residents, out of twenty-nir~e i:~ediate property and ho~eowners in the vicinity, ~let amongst the~nselves and planned to do road work in front of the homes of the officers and ~embers, does not obligate all the ho~eowners to submit to their de~ands and pro~ote their questionable purpose. We attended two ~eetings to acquair~t ourselves, but did__rdc_,t join as ~:~e~bers and are not notified of their activities. If the Town of Southold, or other municipality, has relinquished their power of imposing taxation, and have designated "The West Lake Association, I~c." to disrupt this peaceful co~munity with their arrogant behavior, by permitting them to levy assessments and challenge our right to ~se the road to gain access to our home, we demand a written explanation and a signed release fro~ an authorized government official of such municipality. Then we car, legally and properly disclaim our allegiance to pay taxes and accept the imposed assessment per property owner= At our January 25, 1990 meeting, you and Trustee Henry S~ith personally reassured us that the application for the above topic ~atter "was a fraud" and not to be concerned since it expired on March 2, 1990. According to a letter dated June 4, 1990, Mr. John M. Bredemeyer~ III, president of the Board of Trustees, claims the expiration date to run until March 30, 1991 bla~ing the previous administration and puttir~g us on the defensive by suggesting that we work together "for what seems to be a ~atter between ~igh ~" . I~ 1987, by exploiting the Town through r~isrepresentation of a non-existent West Lake Association, influence was employed to capitalize in building a ne__w_£~_ad through the farmland at taxpayers' expense. Unexplained changes were ~,~ade at the Town level, to alter the provision to cart the sand, removed fro~,~ the illegal West Lake dredging, to the Town Landfill or to distribute the sand along the WHOLE SHORELINE as proposed by New York State Depart~ent of State Coastal Zone Management. Our letter to you, dated August 8, 1990, protesting this matter and the $4~'5 assess~ent per property owner, has to be answered with explained facts, not as per letter dated August 16, 1990 from Assistant Town Attorney Mathew Kiernan questioning the preference of a meeting, a phone discussion or an attempt to respond in writing. He has not yet given his undivided attention to respond to our letter of August 17, 1990, requesting a written response. We and other homeowners have personally discussed the ~atter, with both you and Mr. Kiernan, and were informed that a review by his office would be conducted to determine if the per, its were obtained illegally and if so, they would be i~mediately voided. Enough time has lapsed to arrive at a conclusive decision. We refuse to be provoked unjustifiably because we choose to follow the law and consequently are harassed throughout the years in obtaining our permits and solving other problems that affect our property directly to_this_d__a]~, by authorizing, encouraging an~ condoning illegal work. Whereas consultant's deeds are accepted and defended and permits are obtained in a short period of ti~e by allowing infraction ur, known to the ~ajority of the hor~eowners in the area, without any questions asked or no concern as to the resulting consequences that burdens the com~unity. Our tax dollars pay approximately ~240,000 yearly in consulting fees for the Town. We request an itemized expenditure as to why and to whor~ taxpayers ~ust pay this amount for biased decisions and poor planning. Perhaps the apathy shown to public opinion and the "mistakes" tolerated and encouraged, can be a clue that "We have enough cases pending against the Town" that is wasting taxpayers' dollars. How many such cases exist that has resulted in the Southold Tax PAC? We have already been affected by the salt water intrusion caused by the pump station~ since the Town has reached an accord with Angel Shore I and Angel Shore II, that is in very close proximity to our ho~e, all hor~eowners will be directly affected by the road and other privileges, such as the 50' community beach at the end of Little Peconic Bay Lane, and road access to West Lake that was granted to all homeowners by the filed ~ap of the long existing and accepted Cedar Beach association. A new association, who twc, years before inception misrepresented itself in a questionable and disputable ~anner to obtain dredging permits, is not needed. Out of the nine members, ~ost have recently purchased property in the area~ some as recent as two years or less, scm~e have "for sale" signs, others are fro~ out of New York State and care little about preserving the natural environ~ent. The main interest is to capitalize on the invest ~e~t. We again appeal to and act to resolve you, as Towr, Superviser, to enforce and uphold the this ir, tolerable situation. law Our atte~lpts to open the lines of communication at local level, where the problem originated, have been ignored and rejected. We have no intention to tolerate this provocation further and respectively request a written response covering all aspects of our correspondence that has transpired with your office from January to the present, within the next ten days. Very truly yours, ~atherine and Joseph Barbato FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 March 2, 1989 West Lake Association 33 Richmond Blvd. Rockville Centre, N.Y. 11578 Re: Extension to Permit No. 418 To West Lake Association: Your recent request to extend the above re~erenced permit has been reviewed at the Trustees meeting held on February 28, 1989. Your request has been approved by resolution, adopted at this meeting, for a period of one year. Your permit will expire on March 2, 1990. This letter is an amendment to the original permit and as such, shall be attached thereto. Ail other terms and conditions remain as written in the original permit. Very truly yours, Frank A. Kujawski, President Board of Trustees FAK: jas cc: C.A.C. GalL S. ShAffeR SECRetArY Of STATE StATe Of NEW YORK DEPARTMENT OF STATE AlbaNY. N.Y. 12231-0001 October 13, 1989 Mr. John Guldi Principal Civil Engineer Division of Waterways Suffolk Co., Department of of Public Works Yaphank Avenue Yaphank, NY 11980 Re: F-89-335 U.S. Army Corps of Engineers/New York District - Permit Application #89-0592-L2 (West creek Dredging Extension) Town of Southold Dear Mr. Guldi: The Department of State has completed its evaluation of your Federal Consistency Assessment Form and certification that the above proposed permit activity complies with New York State's approved Coastal Management Program, and will be conducted in a manner consistent with this program. Pursuant to 15 CFR Section 930.63, and based upon the project information submitted, the Department of State concurs with your consistency certification subject to the following condition: No dredging or disposal shall occur between March 15 and August 15 of any calendar year unless a qualified biologist inspects the disposal site, delineates any identified least tern or piping plover nesting area, and monitors the dredging and disposal activities. No dredging or disposal shall occur within 200' of a delineated nesting area. This condition may be waived by the Department, if it is demonstrated that there are no piping plovers or least terms nesting in the disposal area a maximum of two weeks prior to the placement-of dredge spoil. Demonstration of this situation can be made by submitting a letter to the Department of State from a qualified biologist or wildlife observer. This concurrence is without prejudice to, and does not obviate the need to obtain all other applicable licenses, permits, and approvals required under existing State statutes. Mr. John Guldi October 13, 1989 Page 2 A copy of this decision has been sent to the Corps of Engineers. Sin~erel!~, I.. IL. ,.~.~! G~orge ~.. Stafford ~i~ector ivlsion of Coastal Resources & Waterfront Revitalization GRS:MC:ak cc: COE/NY District - Michael Infurna NYS DEC/Region I - Christine Costopoulos Town of Southold - Frank Kujawski j.m.o, consulting p.o. box 447 quogue, n.y. 11959 (~1 ~-0~07 I.-,',e;: (,~e-st Lake Ass,.]t=iat~.on, We'I=].ac~ci:~ F'~vc'mi~ hie, .q'tv COUNTY OF 51UFFOI. K DE. PARTMENT .OF PUBLIC WORKS February 23, 1976 Edward L. & Loretta Mo Brennan 2493 Harrison Avenue Baldwin, New York 11510 Re: Proposed dredging at West Lake Pond Town of Southold Dear Mr. &Mrs. Brennan: This Division has received a request from Dr. John Holli$ through the office of Supervisor Albert M. Martocchia, to per- fc.rm maintenance dredging at West Lake Pond, Town of Southold. We are requesting cool, eats from all contiguous property owners so that any proposal we may submit to the District Legis- lator will reflect the wishes of area residents. Kindly trane:mit any come, eats or ruggesticns you may have regarding the project to this Division at the letterhead address. Thank yo~ for your consideration of this matter. Very truly yours, C. EISENSCHMIED, P.F Principal civil EngJ Division of Waterwa~ CE:vg 53 Briarcliff Drive Merrick, N.Y. 11566 25 February 1976 Ref~mnee: ~est Lake, Southold Dear Cedar Beach Rr~ident, Approximately a year a~o, I made a request to Southold Township to dredge the canal and possibly part of the pond. This was to be done free of charge by the Department of P~hlic Works, County of Suffolk. Other areas in Suffolk have had it done and after all we are, also, taxpayers. Durin~ the Fall of 1975, I met with a representative of the Department of Public Works and we inspected the area to be dredged. He agreed that the canal should be dredged and spoil areas were checked and approved. He would suggest approval to his superior. Thus, the permit procedure was initiated, a long and involved proceedure. I recently called Ym. Eisenschmied, Principal Civil Engin- eer, to get a report on the progress of our permit. He recommendeO that the local property owners send letters to him and he would present'them at the next hearing. He felt strongly that interest shown by all property ~wners would help to gain swifter a~proval. Since public monies are short we need to present our case strongly. As you have probably noticed, each year the canal is slowly filling in and the pono is becomin~ ~ore stagnant, as evidenced by large masses of floating green seaweed. If nothing is done the pond will eventua].ly close itself and become a stagnant smelly area, ~evoid of all water life. I also feel it would be very advantageous to have West Lake made usable. It would increase the dollar value of all properties in the area, and for those of us with boats, make West Lake really an asset. It presently can only be used at high tide and eve~ then only for very small boats. If concernec, ~n~ I no~e you are, please plan to write to ~. Eisenschmieg, requesting the canal be dredged. The permit goes before the board very shortly so time is important. If you want any adfitlonal information, please oontact ADDRESS: ¥~. C. Eisenschmied Dept of Public Works Yaphank, N.Y. 11980 Sincerely, ~ohn M. Hollis TRUSTEES John M. Bredemeyer. Ill. President Henry P. Smith, Vice President Albert J. Krupski. Jr. John L. Bednoski. Jr. John B. Tuthill Telephone 1516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOT~ L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516~ 765-1800 October 26, 1990 Edward L. Brennan Vice President West Lake Association 8 Briar Hill Road Holmdel, New Jersey 07733 RE: West Lake Association - Dredging application Dear Mr. Brennan: The following action was taken by the Southold Town Board of Trustees on Thursday, October 25, 1990: RESOLVED that the Southold Town Board of Trustees accepts the request of October 25, 1990 from the West Lake Association to withdraw the permit to dredge west Lake. If you have any questions, please do not hesitate to contact this office. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB:jmt cc: Town Attorney Supervisor Harris Town Board Mr. & Mrs. Barbato FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, $3095 Main Road P.O..Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 November 20, 1989 West Lake Association 33 Richmond Bt~d. Rockville Center, NY 11578 Subject: Extension of permit 9418 Dear Sir or Madam: At our meeting held on November 16, 1989 a resolution was approved for a second extension of permit #418. This extension will be from 3-30-90 through 3-30-91, with no further extension to this permit. Also, this project must be completed by this date. This will take effect when a $35.00 fee for extension is submitted. Should this not be possible, a new permit will be required. Very truly yours, Frank A. Kujawski, President Board of Trustees FAK: jb CC: CAC TOWN OF SOUTHOLD BOARD OF: SOUTHOLD 10',¥N TRUSTEES $OUTIIOLD, NEW YOBK WETLANDS PERMIT Thi~ Wetlands Permit No.._.4,.1.,8. ........... has been granted by the Town Trustees according to information furnished in Application No....,5.,3.,0. ........... filed by Applicant ...L..,a.~,!?]..~s..e.....C.,°..m. JA..~].¥...[nr .,,W.e,s..t...~.a,.k..e....,A.~.o..c.: ...... on .,.J.,u,..n..e....Z,,5.; ............ 19.,8.~ .....A map of the proposed work will be kept on file in the Trustee Office under the applieation number given. depth of 4' at mlw. Resultant s~.oil (.a~p. rox. 600 cu ,d , .~,( ,5~nct .vfi,]l [~ ~I:~l~ked to an upland site. Location of property on which work to be done ~.L''a''k~`e~D''r~1'?''e'~.a'`t'~`W~.'e.~t~'~`~.a~'k'F~`~S.p.~%~ ............... Creek, Bay or Hari~or fronting property ....W,..e.~t....b...a.!?,..°.,Ji[,..P.~..J,]..gA...N,,~.;.~;..J~.Ev,. ................................. Size of work: Length 85~ x 60' area Width ............................................................................................................................. Height Above High Water ............................................................................................. Depth Below Low Water ................................................................................................. 600 cu. ds. . ............... Yards to be Excavated ......................... Y. .......................................................... Yards to be Filled ......................................................................................................... Manner in which material is to be removed or deposited .....L..,a.,n.d....b...a..s.e...d...,c. Ea..n..e. ................................... Intended use of property Residential Conditions if any ~.~.~P~z].°.9..[.~..(...q~!.~t.La..c..t.~..~:.s.~.~`~.E.b.j.~.~t~...~E~.c.?~.9.~.~.~.t~d.~d..a ............... licensed survey st~owin~ the depths o[ water is taken prior to the cired~in~ E×pl,at or, ....................... Nurnber of Inspections Required .g,.~..~,.~].u,.s..t..e..e.~ ..a.[(,: .t,o. ],~..e..n..o..t,i.,[!.e..,d. ,u.p,..o.,n...q.q~!~.],e..t,i,q,n,..9,[,...t.t.!.e. ...... woFk. $10.00 ~n~pection Fees ..................................................................................................................................... · Liability Policies in the Amount o[ $100,000. The validity of this perrnit is or may be subject to tho approval oi~ otimr governmental or municipal autl~orities. The Town accepts no responsibility in appI.yin~,] for or obtJining such approval. In the · event that such approval is necessary, the holder of this permit shall not commence operations here- under und[ such approval has been obtained in writing. The failure to obtain such od~er approval when required shall subject this permit to immediate revocation by t[~e Trustees upon receipt by the Trustees· of written notice from such other governmental or mu.icipal authorities of lts refusal or disapproval. The applicant does by the acceptance of this permit, assume all responsibilit'/ for operations under- taken pursuant to this permit, and shall take all precautions for the preventio~ el'injuries to persons and property resulting from such operations. By such acceptance, the applicant also agrees to indemni- fy and save harmless the Town, and its off'leers, agents and employees i'rom any and all claims arising from operations under this permit and any and all acts or omissions of applicant, [tis agent and employees. The applicant and the owner and occupants of the premises upon which the operations aotborized hy this permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and make such inspections as the ]'own may deem necessary to insure that such operations are being con- Thi~ operation will not substantially: A. Adversely affect the wetlands of the town. B. Cause damage from erosion, turbidity or siltation. C. Cause saltwater intrusion into the fresh water resources of the to',vn. D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege- tation or the natural habitat thereof. E. Increase the danger of flood and storm-tide damage. F. Advers01y affect navigation on tidal waters or the tidal flow of the tidal waters of the town. O. Change the course of any channel or the natural movement or flow of any w~ters. H. Weaken or undermine the lateral support of other lands in the vicinity. I. Otherwise adversely affect the health, safety a?d g0neral welfare of the people of the town. Signed · PresiCent Board o£ Sou[hold Town Trustees ............................. HENRY P, SMITtl, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN Mr. Glenn Just The Land Use Company Route 25 A Box 2521 Wading River, New York 11792 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 June 19, i987 / / / / .~ / / Re: Dred~in~ Projects - 1987 Dear Mr. Just: Please find enclosed a copy of Mr. John Guldi's response to the Town Trustees letter of June 1, 1987 regarding dredging in West Lake and Wunneweta Pond. (see attached) Should you have any additional questions or concerns, please do not hestiate to contact this office at the telephone number listed above. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS:ip cc: Dr. John Hansen Frederic Bruce William F. Mullen, Jr. TELEPIIONE (516) 765-i892 / 5 5cc COUNTY OF SUFFOLK MICHAEL A. LOGRANDE SUFFOLK COUNTY EXECUTIVE A. BASTON CASS, P.E. June 17, 1987 Mr. Henry P. Smith, President Board of Town Trustees Town of Southold Town Hall 53095 Main Road P.O. Box 728 Southold, New York 11971 Ref: Dredsin8 Projects - 1987 Dear Henry: I am in receipt of your request of June I, 1987 for the dredging of Wunneweta Pond and West Lake. As you know, Wunneweta has just been dredged by private interests and therefore should not need any more dredging until such time as re-shoaling occurs. In order for us to dredge these projects in the future, we will have to obtain the necessary permits which usually takes one (I) to two (2) years to obtain. Please forward drawings indicating the exact areas and depths you are requesting for each project and the proposed spoil sites. Upom receipt of the requested information, the projects shall be put on your priority list. However, please be aware that due to the large volume of requested projects Countywide, limited funding, environmental constraints and the long lead time necessary to obtain permits, there is no way we can predict at this time when and if we will be able to actually accomplish the dredging. Division of Waterways For: A. Barton Cass, Commissioner ABC:JRG:tv tlENR¥ P. ShHTtl, President JOHN ~. 8REDEMEYER, Vice-Pres. PIIILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN ~L LARSEN BOARD OF TOWN 'rRUSTEES TO;',~N OF SOUTHOLD Town Il;ill, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 June 1, 1987 Mr. John R. Guld£ Principal Engineer Division of Waterways Department of Public Works Yaphand Avenue Yaphank, New York 11980 Re: Dred~in8 Projects for 1987 Dear Mr. Guldi: The Seutheld To~,?~ T~u_~e~ ~ ...... ~ that w ...... , Pond, in C ...... ~ and West Lake in Southold be added to the No. 1 Priority list for dredging this year. This would be for maintenance dredging in the mouth of the creek only. As far as we know, there are no County Permits for these projects. The Southold Town Trustees will waive the need of a Town Permit for ali approved maintenance dredging projects. Should you have any ~uestions or concerns, please do not hesitate to contact this office. Very truly yours, Henry P. Smith. President Board of Town Trustees IIPS:ip cc: Frederick Bruce Dr. John Hansen Land Us~ Company on behalf of the West Lake Association file Supervisor Town Board .West'Lake Association 33 Richmond Rd Rockville Ctr. NY 11570 * * * * * * * * * * * * * * MEETING * * * * * * * * * * * * * Mr. Joseph Barbato 411 4th Avenue East Northport, NY 11731 Dear West Lake Area Homeowner: The time has come for all homeowners associated with West Lake to meet. We need to do several things, and in order for them to be accomplished we must all participate. A meeting will be held on May 27, 1989 at 2:00 P.M. at the home of Tom and Peggy Prokop. We will discuss 1) forming an Association and 2) work necessary to keep West Lake open to the bay. In order to accomplished these objectives, we must ALL be part of the Association and work together to maintain and increase our property values, and for our enjoyment. We hope you will attend and support the Association. DEP/~,F~T~ENT OF PUBLIC WORKS February 24, 1976 Mr. & Mrs. Joseph A. Barbato 411 4th Avenue East Northport, NY 11731 Re: Proposed dredging at West Lake Pond Town of Southold Dear Mr. & Mrs. Barbato: This Division has received a request from Dr. John Hollis through the office of Supervisor Albert M. Martocchia, to per- form maintenance dredging at West Lake PoDd, Town of Southold. We are requesting comments from all contiguous property owners so that any proposal we may submit to the District Legis- lator will reflect the wishes of area residents. Kindly transmit any comments or suggestions you may have regarding the project to this Division at the letterhead address. Thank you for your consideration of this matter. Very truly yours, C. EISENSCH~IED, Principal Civil Engineer Division of Waterways CE:vg N. COUNTRY RI). · BOX WADING RIVER. N.Y. (5~6) 9~9 3575 March 27, 1987 FIr. Thomas Prokop 33 Richmond Blvd. Rockville Center, N.Y. 11570 Re: Proposed bred§in§ Project West Lake Dear Mr. Prokop: As per discussions with Fir. Mike Mooney of North Fork Marine Construction and a subsequent site inspection with Mr. Mooney, please be advised that the following permits shall be necessary to dredge West Lake: -Southold Town Trustees - Wetlands Permit -N.Y.S. Dept. of State - Coastal Zone Management -U.S. Dept. of the Army, Corps of Engineers -N.Y.S. Dept. of Envircnmental Conservation Tidal Wetlands Permit - Protection of Waters Permit The above noted permits may be obtained through our company for a fee of $675.00 plus application fees. Our staff shall prepare all site plans and sectional views required by the aforementioned regulatory agencies, prepare and submit all applications and attend any and all meetings and public hearings on your behalf. Should this proposal meet with your approval, kindly check off on the enclosed list the neighbors whose names shall be included on the various permits and forward list and a re- tainer check in the amount of $485.00 and we shal~ start the application process immediately. Should you have any questions whatsoever with regards to this matter, kindly contact either Glenn E. Just or Charles Bowman at your convenience. Very 'i'ruly Yours, Tanya L. Esper TO: SUBJECT: West Lake Residents Dredging of West Lake April 23, 1987 Dear Neighbors: The Bad News: As most of you are well aware, the area where the bulk head from the bay meets the lake has developed a substantial sandbar. The sandbar has severely reduced the amount of water entering the la~e. in addition, it has made boat passage possible only at high tide. I am sure that most of us have purchased land plus housing around West Lake because of the water and the benefits it provides. In our inur~ediate area, lakes similar to West Lake have disappeared because residents failed to take action. 5o be sure regardless of whether your land is on the bay or lake, the loss of West Lake would seriously diminish your property value. The Good News: We have a solution! Please find enclosed a copy of a letter from the Land Use Company. They will Provide the necessary permits re-. quired to remove the sandbar. As you can see, they require $485.00 t© begin processing the permits. As of this letter, I have for- warded them a check to begin. You should also know that the Army Core of Engineers and DEC have been to West Lake and fee. 1 strongly th%s dredging should take place. There are 15 property owners directly affected by this problem. If everybody fairly participates in the solution, the approximate cost per owner should be $450.00-$500.00. This seems like a small price %o pay for protecting our property values and preserving the community lake. Please Jorward your share of the p9 ~rmit fees AS__AP tQ TQm p[okop, $45.00 per owner. If you have any questions, please do not hesitate to contact me. Business # 9-5 (516) 825-7350; Home evenings (516) 766-6295. Sincerely, "/1000-090-1.-1 1000-090-1-2 1000-090-1-3 1000-090-1-4 1000-090-1-5 1000-090-1-12 1000-090-1-13 1000-090-1-14 1000-090-1-15 1000-090-1-16 1000-090-1-17 1000-090-1-19 1000-090-1-20 1000-090rl-21 West Lake Association Nancy Elflein 115 Taft Crescent ~en~erport, N.Y. 11721 Frank Campanelli 31 Pond Path Lake Grove, N.Y. 11755 Philip Giordana ' 338 Avenue O Brooklyn, N.Y..11230 'William Riley 164 Brittle Lane Hicks¥ille, N.Y. 11801 Gerard Lang P.O. Box 183 Peconic, N.Y. 11958 Edward Brennan 2493 Harrison Avenue Baldwin, N.Y. 11510 Joseph Zevits 2470 Rossett Street F~rt Lee,..N.J..0~024 Stanley Rogalski 33 Willis Avenue Sy~s~et, N.Y. 117ql Peter Gunn 4 Roseland Court ~gw York, N.Y. ]0956 Thomas Prokop 33 richmond Blvd. Roc ' , N.Y. Robert Hollis 142 Tahlulah Lane West Islipt N.Y~ 11795 ~olores Holman 114-20 Queens Blvd. Forest Hills, N.Y. 11375 Joseph Barbato 411 4th Avenue East NorthDort, N.Y. Michael Costello c/o Gen. Del. West Lake Dr. Southold, N.Y. 11971 11570 11731 1000-090-1-22 1000-090-1-23 1000-090-1-24 1000-090-1-25 1000-090-2-1 1000-090-2-2 ~-ohn Bollis 53 Briarcliff Dr~ve North Merrick, N.Y. John Hollis 53 Briarcliff Drive North Merrick, N.Y. Herbert Greenfield 124 East 85th Street New york, N.Y. 10028 11566 11566 John Bru9noli P.O.Box 1975, hempstead Turnpl east Meadow, N.Y. 11554 Sim Moy New York, N.Y. 10013 Dai Moy 88 Mulberry Street New York, N.Y. 10013 CATHERINE & JOSEPH BARBATO 411 FOURTH AVENUE EASTNORTHPORT, NEW YORK 11731 <516) 266-352'Z April 23, 1990 Mr. John M. Bredemeyer III President of the Board of Trustee Town of Southold 53095 Main Road Southold, New York 11971 RE: Permit #418 - Dredging West Lake Cedar Beach Park Dear Mr. Bredemeyer: As requested at ._nut- meeting on April 20, 1990, enclosed please find a duplicate copy of the January 17, 1990, letter and enclosures #1-1A, 2 and 3, that could not be located in the office files. A letter dated March 20, 1990, is on record requesting a second extension for permit #418. We were informed by Frank A. Kujawski that it was Town policy that only one extension was giver, on the same permit. In 1989, a request for a two year extension was denied; ir, stead a one year extension was granted that expired on March 2, 1990. Since r,c, public hearing is required to review and deliberate the March 20, 1990 request for another extension, we respectfully ask that the hc, meowners <list enclosed), whose names were used to obtain the original permit, be notified of all future actions and decisions. Very truly yours, //x~a~rine & Joseph Ba~-bato Eric 1 ~s _ire ~- TRUSTEES John M. Bredemcyer, III, President Henry P, Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TO~ OF SOUTHOLD ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 JUNE 4, 1990 Catherine and Joseph Barbato 411 Fourth Avenue East Northport, NY 11731 Dear Mr. & Mrs. Barbato With respect to your letter of April 23, 1990, please be advised that a second extension of Permit #418 was granted by the Board of Trustees on 11/16/89 to run until 3/30/91. Then President of the Board, Frank A. Kujawski, Jr. was fully within his rights to lead the Board to a second permit extension as voted. As this Board received no opposition during the Public Hearing nor prior to the permit ~xtension, we could not intervene in the permit at this time. For what seems to be a matter between neighbors, I suggest you try to work together. If this does not work, please do not hesitate to contact this office. Enclosed for your use is a copy of President Kujawski's letter of 11/20/89. Sincerely, John M. Bredemeyer, III President, Board of Trustees JMB:jb cc: Supervisor Harris Trustees File 1000-090-~-I 1000-~90-1-2 1000-090-1-3 1000-090-1-4 1000-090-I-5 1000-090-1-12 1000-090-1-13 1000-090-1-14 1000-090-1-15 1000-090-1-16 1000-090-1-17 1000-090-1-19 1000-090-1-20 1000-090-I-21 10007~90-1-22 1000-0g0-1-23 1000-090-1-24 1000-~090-1-25 ~000-090-2-1 '1000-090-2-2 We,~t Lake Association Nancy Elflein 115 Taft Crescent ~nterpo~t. N.Y. 11721 Frank Campanelli 31 Pond Path Lake Grove, N~Y. 11755 Philip G'i'~rdaha 338 Avenue O Brooklyn, N.Y. 11230 William Riley 164 Brittle Lane Hicksville, N.Y. 11801 Gerard Lang P.O. Box 183 ~.econic, N.Y. 11958 Edward Brennan 2493 Harrison Avenue Bal. dwin, N.Y. 11510 Joseph Zevits 2470 Rossett Street F~rt Lee .J. 7024 Stanley Rogalski 33 Willis Avenue .S3qs~et. N.Y. ~17ql Peter Gunn' 4 Roseland Court ~w.~ork. N.Y. 10956 Thomas Prokop 33 richmond Blvd. ~ockville C,nkr~, N.Y. Rober~ Hollis 142 Tahlulah Lane West Is~ip, N.Y. 11795 Dolores Holman 114-20 Queens Blvd. Forest Hills~ N.Y._Il375 Joseph .Barbato 411 4th Avenue EASY. 11731 ~%ichael ~ostello · c/o Gen. Del. West Lake Dr. Soughold, N.Y. 11971 11570 ~-ohn Bollis 53 Briarcliff Drive Norgh Merrick, N.Y. '11566 John Hollis 53 Briar(~liff Drive North Merrick, N.Y. 11566 Herbert Greenfield 124 East 85~h Street New york, N.Y. 10028 J'o~n Brugnoli *P.O.Box ·1975, hempstead Turnpike- eas~ Meadow, N.Y. 11554 Si~ Moy 88 Mul'berry Street New York, N.Y. 10013 Da i Moy ~ 88 Mulberry Street ~ New York, N.Y. 10013 HARVEY A. ARNOFF Town Attorney MA'rFHEW G. KIERNAN Assistanl Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCOI'F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O, Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 FAX COVER SHEET Pages to follow: r/ Additional Comments: IF ALL PAGES ARE NOT RECEIVED. PLEASE CALL SOUTHOLD TOWN HALL at (516) 765-~ HARVEY A. ARNOFF Town Attorney MATFHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Joseph g Catherine Barbato 411 Fourth Avenue East Northport, NY 11731 September 26, 1990 · -, ~:" r,~ r'--'-;' ", '":~1 : :I b-'z ,_::~. ·" ' · OF som 0 Re: Wetland Permit #418 - Non-existent West Lake Association Dear Mr. $ Mrs. Barbato: With regard to your letter of August 17, 1990, please be advised that we have been in contact with the Trustees and are in the process of scheduling a meeting, within the next week, to discuss the concerns mentioned in your letters of January 17, 1990 and August 8, 1990. You will receive a written response within the next two weeks. If you have any questions, in the interim, please feel free to contact us. fy truly yours. Assistant Town Attorney MGK:mls cc: Supervisor, Scott L. Harris John M. Bredemeyer, President, Board of Trustees TRUSTEES John M. Bredemeyer. III, President Henry P. Smith. Vice President Albert J. Krupski. Jr. John L. Bednoski. Jr. John B. Tuthill Telephone 1516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Sottthold, New York 11971 Fax 4516) 765-1823 Telephone (516) 765-1800 TO: FROM: RE: Matthew G. Kiernan, Ass't. Town Attorney John M. Bredemeyer, III, President Barbato / West Lake Permit October 2, 1990 With respect to your letter/memo of September 26, 1990, the Town Trustees will be able to listen to the Barbatos at their next worksession on 10/25/90. I am asking the clerk to schedule the time for 6:00 - 6:10 PM. Unfortunately, prior heavy scheduling reduces this time to ten minutes. If the Barbatos wish a longer hearing, the earliest they could be heard would be at the November meeting worksession. I will not be scheduling a special meeting in this matter. cc: Mr. & Mrs. Barbato COUNCILMEN Raymond W. Edwards George L. Penny IV Ruth D. Oliva Ellen M. Larsen Thomas H. Wickham COUNCILMEN TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765 - 1823 TELEPHONE (516) 765 - 1891 TO: DATE: Matt Kiernan, Asst. Town Attorney Jay Bredemeyer, President of Trustees / October 3, 1990 Catherine and Joe Barbato have brought to my attention their concerns regarding dredging of West Lake at Cedar Beach and what they believe is an unfair granting of permits for jetties into the bay at Cedar Beach. I understand that the Trustees will be taking this matter up shortly. If I can be of any help in your deliberations, please let me know. Sincerely, Thomas H. Wickham Councilman ~. THW:cb ccs: Scott Harris, Supervisor Ellen Latson, Councilwoman OWN OF SOU H.Z - LJ TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (5161 765-1892 BOARD OF TOWN TRUSTEES TOW~ OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (5161 765-1823 Telephone {5161 765-1800 October 22, 1990 Edward L. Brennan, Vice President West Lake Association, Inc. 8 Briar Hill Road Holmdel, NJ 07733 RE: Application for dredging West Lake Dear Mr. Brennan: Please be advised that the Southold Town Board of Trustees are in receipt of a complaint from Mr. & Mrs. Joseph Barbato indicating that you~Association misrepresented them by their inclusion on a membership list in your dredging application. Further, please be advised that upon verification of this the Board may entertain suspension or ~evocation of your permit. ~ ~ ~ ~e~ · ' Mrs. Barbato at d 5 m they will be heard. You may be heard at this time or submit written comments to this office no later then November 8, 1990. Absent your comments by November 8, 19903the Board may schedule a vote in this matter at our November 15, 1990 regular meeting. e ly, John M. Bredemeyer, III President, Board of Trustees JMB:jmt cc: Town Attorney Mr. & Mrs. Barbatc Joseph and Catherine Barbato 411 Fourth Aver~ue East Nc, rthport, New York 11731 October 25, 1990 Mr. Johr~ M. Bredemeyer II1 President of the Board of Town of So,_~thc, ld 53095 Mair~ Road ,Southold, New York 11971 Dear Mr. Bredemeyer: We are personally appearing before the Southold Board of Trustees this day of Octc, ber~,'~'~ 1990 and leaving, this letter and documer~ts to support our dilemr,~a that is preventir~g us ~c, properly prc, tect our bayfror~t property frorn severe erosior~ arid st,z, rrn damage. Although we have seeked lawful permits, we have cor~fror~ted problems and frustra~ior~ while other area resident illegally do whatever they desire without any It is beyor~d our cor~trol that our property happens to be located at a strategic arid vulr~erable location that is directly affected by such accepted ~llegal work. The commur, ity may not be aware of how we are affected, they may r.z,t care or they are so intent ir~ gaining their special interests illegally that we are victimized as the "criminals" for followir~g the law. repet it ious, cc, rap 1 air, t: cc, rrespor, dence covers the detail. We will try r.z,t to, be but we wish to categorize, compare arid substar~tiate our (Enclosure ~$1) Letter rescindir~g a Draft Er~virc, nmer~tal Impact State~er, t that the Towr~ requested to build our jetty. The laws have bec,:,me more strir~gent in the ir~terim; we questior~ why r,,z, Draft Enviror, rner, tal I~pact Statement was asked or required for the misrepresented West Lake dredging in 1987 to remove 600 cubic yards of sar~d. With regards to the dredged sar~d, someor~e locally concluded that it was ir~cc, rnpatible to spread alor~g the _wO,~l~_...s_.h._.o_~_e.[._i.._rj_e- ar, d subsequently was wastefully stock piled a'IiZi~]~'-~'~'-~i~'~'' cor~structed farm road (enclosure ~2 - pictures) instea~ ef carted to the Southold Towr~ Lar~dfill as provided by the DEC permzt~ All taxpayers were defrauded ar, d are still paying to this day as per publicatzor~ c,f the Bored Resolutior~ adapted September 25, 1990 authorizir~g the purchase of sand fc, r u~e at the Towr~ Landfill. We were persor~ally and directly affected by payir~g $~. (er~cl,z, sure ~3) to put sated alor~g shoreline as was required of us to obtain the ACE permi~-~S--~[]l~-[~[C(gTM jetty. Our erosior~ still exists and we w,z, ndep what the Tc~wn reactior~ would be if the area h,zm~ec, wr~ers requested that 6C. 0 cubic yards be taker~ f~c,m the 'Towr, Lar,dfill ar,d put alc:,r~g the w_h_!.-]!.~._e..._s~h_c_,~£_e_..l_.~_r~9 as proposed by CZM c,~~ to recoup the wasted ~:J;:icT'--L'~i-:E'F~'-'~L4~-~r~'~ ar,d cart it to the lar, dfill. Our origir~al applicatior, was to exter,d c,u~' .jetty to 58' ar,.~ build anothe~~ of the sarape ler~gth. Why we~e we der,led a permit ar,d ser,t a Susper,si¢,r, of Cor~sister~c-~y Review (er,cie, sure ~4) frcm~ New York State Departmer,t of State dated Jur,e 30~ 198~-, ir,formir~g us that "g~oir~s r,ecessarily cause dare, age to property loeated dowr~ beach or dc, wr~draft of the structu~e, etc..." (r,ote highlight or, the letter). We questior, the ?6' jetty to the west c,f us that mysteriously appea~ed ir, the water. Both M~~. Toni Hart of the State Departmer,t of Coastal Zor~e Mar,agen]er,t (CZM) arid Cc, r~]missior~er Thomas C. Jorling of DEC allege the violatior, of r~o permit. CZM stated that measures would be taker, to ren~ove it, but r~o actior~ was taker,. Our bulkhead is still being ur,derrnir~ed ar,d ice dare, aged our r,ew .jetty arid the oldest existir,g .jetty to the east of us (er~closure ~$5 - pictures). The dredgir~g for West Lake was dor,e ir~ 1987 arid we ir~r,c, cer~tly, ur,P.r~owir~gly ar,d ur~willir,gly became in]plicated wher~ c,u~~ r,arne appeared or, the list of 21 homeowr,ers ~epr~eser~tir~g the r~c,r~-existant "West Lake Associatior,". The list was used to illegally c, btair, all regulatory per'mits ir,cludir,g the Tc, wr~, BEC ar,d the final n]air,ter~er~ce ter, year perr~it f~c,m ACE ir, 1988. Ir~ ~989, a n~eetir~g, which we atter,ded was called to ~.~b!~_Dh ar, assc, ciatior,, but we refused membership '~'~;~?~Te ~6). A Certificate of Ir, corporatior, was fi~ed with the New Yo~k State Depa~trner,t of State or, August 29, 1989 (er, clc, su~e ~7 - 2 pages) ar, d ir, July of 1990~ the corpc,~atior, r,~ailed a $425 ~oad assessmer,t D~E__~,]dr,O?zd~rd~2, whethe~~ a [~er~ber c,~~ r,or,-mer,~ber, ther, pe~sor,al ly appea~ed at al 1 hor,]owr,e~'~s doc,~-s for cc, llect ior,. Although this Beard rnay see it as a matter betweer, neighbors ar,d suggest that we try to work tc, gether., we see it er~tirely differer,t. Finest, we believe a cor~n~ur,ity associatic, r, should sir,cerely give cc, r~sideratior~ to the be~t ir~te~est c,f ~]~ homeowr~e~~ to achieve ur,ity ar, d harr,~or,iously be successful i~;-'~'~'~ er~deavc,~'s. It ~hould cc, r, sult everyc, r,e for ir,put ar, d cor, ser, sus ~R~'?2~ ar, ythir,g is dor,e and r,c, or,e should be dictated by or, e or a few~'~r]~iduals, who, illegally seek their own desi~es ar, d r, eeds, with the expectatior, arid assun~ptic, r, that all ~ a~ea homeowr, ers should agree ar, d pay We are r~ot the or, ly hc, r~ec, wr~e~s that disagree. Perhaps, if we were r, ot pe~sor,a~ly arid cor~sequer,tly affected ir, such ar~ adverse mater,er, we would prc, bably be like the c, thers arid let this go ur,detected. Secor~dly, we have the wisdom r~c,t to approach ar,yor~e ar,d acc]use them of ur,lawful wror~g doir~gs that a~e revealed to us by public offic-ials durir,g our two year hassle to obtair~ a legal perr~it. It is the respor,sibility of ou~~ goverr,ir~g officials, who have the autho~ity ar,d the power to, uphold ar, d er~force the er~v~ror,rner~tal laws broker,. If the laws at~e r.z~t er~fo~-~ced, we should not have them; r~o~~ should ~Tove~rm~er~t authorities d.isc~irn~r, ate arid punish those who choose to abide by the laws arid p~otect those whc, chc, ose te abuse them, as such Ou~- objective is to justifiably seek c,u~' legal ~ights to p~'otect our p~c, pe~-ty from fu~'the~~ et~,::,sior~ ar~cJ stc, t~m damage. The CZM arid DEC confi~'rn that our' p~'oblem is caused by the illegal wo~'k sut-rour~0ing u~. We ~'equest that the decisior~ makir~g local autho~ities, who hav~ the physical facts ~'eadily available, n~ediate the matte~- to conclude it in a satisfac)to~-ily rnar~r~er and pe~rnit u~ to fired put'suit of happiness arid enjoy c,u~' home. We take pr'ide ir, livir, g in Southc~ld and ~efuse t,z~ be ha~'assed arid p~ovoked by a small g~oup of special ir~te~est people who seek self g~atification and cc, r~t~ol, unmir~dful that thei~~ illegal arid agg~es~ive actions subsequer~tly affect the er~vi~onmer~t arid all taxpayer-s to, pay t he cor~seq uer~es. We sir, ce~'ely thank you and app~.-eciate yc, u~~ help to ~'esolve these illegal infraction that sigr~ificar~tly affect the envio~'rm~er~t arid our TRUSTEES John M. Bredemeycr, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 CERTIFIED MAIL January 22, 1991 Thomas Prokop, President West Lake Association, Inc. 33 Richmond Blvd. Rockville Centre, NY 11570 RE: Concrete Ramp off West Lake Drive Dear Mr. Prokop: This office has received a complaint that a concrete boat ramp constructed on Trustee Lands and the property of Robert L. Hollis off West Lake Drive may have been constructed by your association or members of your association. As this office has no record of any approvals for the above referenced site we would encourage you to apply for a wetland permit. An application is enclosed for your convenience. Absent your response within one month of this letter, this office may have to refer this matter to the Bay Constable for enforcement proceedings. Thank you for your cooperation in this matter. Very truly yours, M. Bredemeyer, III President, Board of Trustees JMB: jmt Bay Constables Town Attorney Robert L. Hollis - Jc, seph ar, d Catherine Barbato 411 Fourth Aver, ue East Nc, rthpc,~t, New York 11731 October 28, 1990 Mr. Mathew Kierr~ar~ Town At t orr~ey Town of Southold 53095 Main Road Southold, New York Oear Mr. Kiernan: To keep you abreast of the ~neetir~g, that you were unable to atter~d as planned, please fired er, closed a copy of the letter (enclosure #l) that was left behir~d. -i-he vice president of the West Lake Association faxed a letter to tine Board of Trustees on the sa~ne day of the meetir~g to which I briefly respcmded. Hc, wever, upon studying it, permit r~e to refute the cor~ter~ts further: Ir~ the corresponder~ce, please refer to the letter dated March 2'7, 198-? letter fro~ The Land Use Co~npany instruct ir, g the addressee to "kin~ly check c, ff or~ the enclosed list the r~eighbors whose na~es shall be included or~ the var~,::,us per~its, etc.., and we shall start the applicatior~ process i~n~lediately". The list was never checked. It was a knowr~ fact in the area, that the previous owner of the same residence purchased by addressee of above #1 ite~n had personally exter~ded 'the invitation (enclosure #2) for ar~ ir~for~ation ~neetir~g regarding the dredging of West Lake. There was no cornrnunity respor~se. Kindly ccmlpare the forr~at of the for~er owner' s ir, vitatior, (c~:c!oc,~) ar, d the letter ser, t c,n April 23, 198'~ by the addressee (enclosure 9~. Her, ce~ the explar~ation of the sub~itted list with the application ar, d why the work was done without the co~[,~ur, ity kr, owledge and without peri, its. Past practiee for road repair was always informal as evider~ced by notification to residence ..b_e__f.,_~:_~]p work ever started as per signed l~st appearing ir~ cc, rr~p~er~ce~ By own adr~ission the Barbatos, also others, chose r.z,t ~o ~e collection? The same people whc, ir~forrnally m~srepresented the~nselves ir, 1987, mostly r~ hc, mec, wr~ers, oc,~prise th~ formalized ~e~bership of 1989 w~th the purpose to hypocritically establish good citizenship ir~ the co~nn~ur, it~. The permit was withdrawr~ because of the fur~dir, g cor~streir~t:~. Please be advised that we have solely had r~a~,y fi~a~,cial catas'trc, phes ir, our effort tc, protect ou~.- p~ope~ty fror~ the cc, r, sequer, ces of (he illegal work surwourldir, g us ir, this cor~mur~ity, that the Board stated has the rm:,st violatior~s ~he Town, ship. Mai~te~ar~ce perr¢it ~15001 was issued o~ the basis of the subr~it~ed r~isreprese~ted list before the Association, was certified. If the Associatior~ wishes proceed, they should legally abide by the preser~t laws arid the r,~ai~,ter, ar, ce perr,~zt be voided. West Lake is a r~atural habitat to all kir~ds of shellfish arid wi].dli¢e to r~.~r,~e~*c, us to, r, arne. With passir~g years the productivity of its r~atural t*esc, urces are dimir~ishir~g. People freely chose to purchase ir~ the area fully aware of the cor~ditic, r~. We should r.:,t sacrifice our r~atural resources arid er~vironr~er~t for their whitens. ]-har~k you kir~dly arid please keep us ir~formed. "~/Jose~h ar,d Catheri~,e Barbato Er~c losures (~) Operations Division Regulatory Branch DEPARTMENT OF THEi~R4~ NEW YORK DIBTRICT. OORPB OF ENGINEERB JACOB K. JAVITB FEDERAL BUILDING NEW YORK. N.Y. 10~'71-00G0 SUB3EC~: Department of the Army Permit NO. 15001 t/est Lake Assoctatlon 33 Richmond Blvd Rockvtlle Center, New York 11570 Dear Sirs: Enclosed is a Depar~tment of the Army permit for your work. Please display the enclosed Notice of Authorization sign at your work site. You are required to submit to this office the dates of commencement and completion of your work. EncloSed are two postage paid postcards for you to use to submit the required dates. If, for any reason, a change in your plans or construction methods is found necessary, please contact us immediately to discus8 modification of your permit. Any changes must be approved before they are undertaken. Enclosure Sincerely, _ /9 O~ef, Regul~cory Branch e DEPARTMENT OF THE ARMY PERMIT Perm;tt~. test Lake Association, 33 Richmond Blvd,. Ro~kvllle ~.Cc~r, NY 11570 (515) 825 7350 Parer No, 15001 baulngOfflce New York Dtstrict Corps of Engineers (Public Nottce ~. 13328-87-0614'L~) NOTE: The term "you'* and Its derivatives, al used In title permit, means the permittee or any future transferee. The term "this officn" refer! to the appropriate dfstr~ct or division office of the Carp( of l~ineer~ having Jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work In accordance with the terms and eondttlons specified b~low. ~oJect De~cHptlon: ~eO. Ceeplete. d~d~,~fth ten years maintenance, e~_te a depth oF 4 feet ~o~ eean lw water, approx~eately 600 cubic yards of. mater.?aT free a canal connecting test Lake ~o Ho~ geck Bay. Al! tire,led..~.ter_l~l, from 1hitter and subsequent dredgtng operations ~!1! be dtspose~.0r a; an upland locatton ~here tt ~tll be suitably ceeteloed from re-entering the watetYay. Project Leeatlou: ltl: t/est Lake, Hoe Neck Bay, Ltttle Peco~tc Bay Cedar Beach, SOuthold Toim, Suffolk County, Ne~ York Permit Condltlon~: General Cm~ditlons: I. The time limit for eompleting the work authorized enS~ on 0¢tob4~r 24t 1998 . It* you find that you need more time to complete the authorized antfvfty, submit your request for a time ex-tendon to this office for consideration at lealt one month before the above date ht reached. 2. You must maintain the activity authorized by this permit In good condition and in conform·nee with the term~ and onndl- gone of ~ permit. You are not relieved of thl~ t'equlrement If you abandon the permitted activity, ~lthough you may mFke a wc~d. faith transfer to a third party In compliance with General Condition 4 below. Should you wash to cease to maintain the authcefzed activity or should you desire to abandon It without a 6oo8 faith transfer, you must obtain a modification of thl~ permit from this office, which may require restoration at' the area. 8. If yon discover any previousty unknown hWtorle or archeolo&dcal remains while accomplishing the activity authorized by thls permit, you must Immediately notify thl, office of what you have found. We will Inltlate the Federal and state eoordine- tMn required to determine If the remains warrant a recovery effort or If the alta k all&dble for Ilstinl In the National Re&deter of Hbtorie Place. ENO FORM 1721, Nov 8~ 11451) (Ltttle. Peconlc Bay. - upi·nd disposal). aOITION OF 8E~.~3 18 OBSOLETE. (33 CFR 320-330) ~est Lake Assoc,. - D~edge ~th ten years maintenance and 1 10-87-0814 FACILITY/PROCRAM NUMBER($) N/A NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PERMIT under the Environmental Conservation taw I-"-'-'1 Article 15. Title 3; 6NYCRR 327. 328. 329: Aquatic Pesticides I"--~--I Article 15. Title 5: Protection of Water N i--~ Article 15. Title 15: Water Supply -- Article 15. Title 15: __ Water Transport ["~ Article 15. Title 15: Long Island Wells F----~ Article 15. Title 27: Wltd. Scenic and Recreational RIverS ['--"~ Article 24: Freshwater Wetlands N--New. R--Renewal. M--Modification. C-Construct (*only). Q-Operate (eonly) 6NYCRR 608: [-----q . Water Quality Certification N Article 17. Titles ?. 8: . SPDES I I Article lg: I---'--"1 · Air Pollution Control' Article 23. Title 27: . Mined Land Reclamation I I EFFECTIVE DATE 7/7/87 EXPIRATION DATE(~) 3/15192 Article 25: Tidal Wetlands N Article 27. Title ?; 6NYCRR 360: Solid Waste Management' Article 27. Title g; 6NYCRR 373: Hazardous Waste Management Article 34: Coastal Erosion Management -- Article 36: __ Floodplain Management Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Raolatlon Control ~RMIT ISSUED TO West Lake Assoc, ADDRESS OF PERMIITEE ~R Richmond Blvd., Rockvtlle Centre, NY 11578 AGENT FOR PERMJTTEE~ONTACT PERSON ITE,""ONE.UM,ER Land Use Co,, North Country Rd., P.O, Sox 361, Wadtn9 River, NY. 117 NAME AND ADDRESS OF PROJECTffACILITY lit diffe~flt from Patmltt~l West Lake off Hog Neck Bay DESCRIPTION OF AUTHORIZED ACTIVITY Maintenance dredge 85'x60' area to 4' below mean low ~,ater by land based crane and truck away resultant 600 cubic yards dredge spoil to an upland disposal site, Work to be in accordance with attached plans approved by NYSDEC. GENERAL CONDITIONS ly accepfance O! this permit, the permJltee asree~ that the permit Is conflnlent upon mlrl~ ~mplh anti with the ECL, all applicable relulatlons i~ ~ ~nditlons spedfled herein or allm~ he.to. 9. A~ modrflcat~ ~ ~b ~rmlt Ira~ ~e ~t m~t ~ ~ writlns and attached hereto. g. SUNY ~. 219 Sto~ Bmok, NY ]17 4 cc: C.T. Hamtlton A~plic~nt proposes to maintenance dred Datum. Mean Sea ;.evel Applicant~ West Lake Association Proj.ct ~ocabion West Lake at ~e~ar Beach Park at Southold, Town of Southold, County of Suffolk, New York. ,(Note enclosure for list of property owners) SCALE A TO BE U?fL~+D TO ~r AT MLW WEST L4K~ DRIVE. HOG NECK SAY o · ' ,SHEET? OF2 dM.O. CONSULTING-.WA DIAI~ I~I%/FID AIV HENRY P. SMITH, President JOHN M. BHEDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKL JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 7654892 Date: April 29, i987 To Whom It May Concern: Attached hereto is a Long Environmental Assessment Form submitted by The Land Use Company on behalf of West Lake Association in connection with their application for a wetland permit to maintenance dredge a 85' x 60' area to a depth of 4' at MLW. Resultant spoil (approx 600 cu. yds. of sand) shall be trucked to an upland disposal site. P~operty is located~L_~ke Drive at West Lake, Southold. 'H~ ' P ~~f?~-~' ~----~ '-- /'~'~) enry P. Smith, resident Board of Town Trustees Posted: April 29, 1987 HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TO~'N TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold. New York 11971 April 29, 1987 TELEPHONE (5161 765-i892 Mr. Martin Garrell, Chairman Southold Town Conservation Advisory Council Southold Town Hall $outhold, New York 11971 Dear ~lr. Garrell: Transmitted herewith is application no. 530 for a wetland permit submitted by The Land Use Company on behalf of West Lake Association. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, Henry P. Smith, President Board of Town Trusteep Ilene Pfifferling Secretary to Board Attachment HENRY P. SMITH, Ptesideat JOHN M. BREDEMEYER, Vice-P~es. PBILLIP J. GOUBEAUD ALBERT KR{JPSKI, JR. ELLEN M. LARSEN BOARD OF TO~'N TRUSTEES TOWN OF SOUTHOLD Town Hall, 55095 Main Road P.O. Box 728 Southold, New York 11971 April 30, i987 TELEPHONE (516) 765-1892 Mr. Robert A. Greene Alternate Regional Permit Administrator New York State Dept. of Environmental Conservation Bldg. 40, SUNY - Room 219 Stony Brook, New York 11794 Dear bir. Greene: Transmitted herewith is Wetland Application No. 530 submitted by The Land Use Company on behalf of the West Lake Association. We would like to coordinate with you in our role as Lead Agency regarding this application. May we have your comments on same by May 20, 1987. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS:ip Attachments cc: Commissioner Henry G. Williams, D.E.Co, Albany Southold Town Building Dept. GAlL S. SHAFFER SECRETARY OF STATE State Of NEW YORK DEPARTMENT OF STATE ALBANY. N.Y. 12231-0001 June 28, 1988 Mr. Glen E. Just The Land Use Company P.O. Box 361 North Country Road Wading River, NY 11792 F-87-293 U.S. Army Corps of Engineers/New York District Permit Application #87-0614-L2 (West Lake Association) Town of Southold Dear Mr. Just: The Department of State has completed its evaluation of your Federal Consistency Assessment Form and certification that the above proposed permit activity complies with New York State's approved Coastal Management Program, and will be conducted in a manner consistent with this program. Pursuant to 15 CFR gection 930.63, and based upon the project information submitted, the Department of State concurs with your consistency certification. This concurrence is without prejudice to, and does not obviate the need to obtain all other applicable licenses, permits, and approvals required under existing State statutes. The U.S. Army Corps of Engineers is being notified of this decision by copy of this letter. Sincerely, George R. Stafford Director Division of Coastal Resources & Waterfront Revitalization GRS:KJC:dlb cc: COE/EY District -Leesa Beal To%m of ;:outhold Trustees - Henry Smith NYS DEC/Region I - Robert Greene US Army Corl~ New York Distflc! 26 Federa~ Pi~z& New York. N.Y. 10278 I ..... Public Notice Public Notice No. 13328-87-0614-L2 Published: )~.gy 11, 198~(pires: ,June t0, 1988 To l~hom It May Concern: This District has received an application for a Department of the Army permit pursuant to ~--~ Section /_~ Section ~PLICANT: 10 of the River and Harbor Act of 1899 (33 U.S.C. 403); 404 of the Clean Water Act (33 U.S.C. 1344). West Lake Association 33 Richmond Boulevard Rockville, New York 11578 ACTIVITY: WATERWAY: LOCATION: Bulkhead, fill and dredge with 10 years maintenance West Lake, Hog Neck Bay, Little Peconic Bay Cedar Beach, Southold Town, Suffolk County, New York A detailed description and plans of the applicant's activity are inclosed to assist in your review. The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of Important resources. The benefit which reasonably may be expected to accrue from the activity must be balanced against its reasonably foreseeable detriments. AIl factors which may be relevant to the activity will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigatio~, shoreline er6slon and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food production and, in general, the needs and welfare of the people. ALL COMMENTS REGARDING THE PEP. MIT APPLICATION MUST BE PREPARED IN WRITING AND MAILED TO REACH THIS OFFICE BEFORE THE EXPIRATION DATE OF THIS NOTICE, otherwise it will be presumed that there are no objections t9 the activity. Any person may request, in writing to the district engineer, before thls publie notic exp£rea, that a public hearing be held to collect information necessary to consider this application. Requests for publie hearings shall state, with particularity, the reasons why a public hearing should be held. It should be noted that lnfor~ation submitted by mail is considered Just as carefully in the permit decision process and bears the same weight as that furnished at a public hearing. NAJ~Y FL-129 May 8 3 Regulatory Brauch Public Notice NO. 13~28-87-0614-L~ Pursuant to Section 7 of uhe Endangered Species Act (i~ U.S.C, 1531) and baaed upon a review of the latest published version of '.ne threatened and endangered species listing, a preliminary determination is that the activity under conside£ation will not affect rhone species listed or cheil critical habitat. Based upon a review of the latest published version of the Natlonal Register of Historic Places, there are no known 8~te8 eligible for or included in the Register within the permit area. Presently un~nowa archeo[ogical, 8cientl[lc, prehistorical or klstorical data may be lost by york accomplished under the required permit. Reviews of activities pursuant to Section 404 of the Clean Water Act include application of the guidelines promulgated by the U.S. Environmental Protection Agency, under authority ot Section the Clean Water Act and the applicant will obta~,~ a water certificate or waiver from the appropriate state agency in accordance Section 40! of the Clean Water Act prior to a permit declsion~ Pursuant to Section 307(c) of the Coastal Zone Management Act o! amended (16 U.S.C. 1456(c)~, for activities unde£ con&tderaclo. located ~lthin the coastal zone of a state which has ,~ tederall? app~u~d coastal zone management program, the applicant has certified in {he application that the activity complies with and will be conducted manner that ia consistent with the approved state coastal zone managemer~ program. By this pablic notice, we are requesting the state's aoncurren~ with, objection to, or waiver of the applicant's certification. N~ p~rml: decision will he made until one of these actions occur. For activit,~- within the coastal zone of New York State, the applicant's and accompanying information is available from, and any comments ou~ be addressed to the New York State Department of State, Divisio~ Government and Community Services, Coastal Management Program. Washington Avenue, Albany, New York ~22~] Telephone {5~8~ In addition to any required water quality certificate and manage~nt program concurrence, the applkcant [m~ obtained or requested ::~ following governmental authorizations for the activity under A Tidal Wetlands Permit from New York State Department of Environmental Protection A Permit from Southo]d Township It ia requested that you communicate the foregoing information co~cern~,g the activity to any persons known by you to be interested and wh,- Jid a ~ receive a copy of this notice. If you have any questions concerning this application, you may contact thi~ office at t ',~ph~nt~ (212) 264-3912 and ~sk for Mr. 5teven R. Mars 2 Iecls: 1. Description of Work 2. Drawing(s) Marion L. Caldwell, Jr. Colonel, Corps of Engineers Otstcict Engineer t;At~ FL-leO-1 Applicant proposes to maintenance dredge an. 85'x 60' area to a depth of 4' at MLW. Resultant spoil(approx. 6oo cy of sand) shall be trucked to an upland disposal site. Purpose: Maintenance dredging Datum: Mean Sea Level Lbcus: 72"24'/41~02' Applicant: West Lake Association April 27, Project location West Lake at Cedar Beach Park at Southold, Town of Sou~hold, County of Suffolk, New York. ~(Note enclosure for list of prop~rty owners) SECTION SCALE A ,vt Loc. u.5 0 CONSTRUCTED 3' TO BE I~ELX.-FD TO z~. AT MLW WE.Si- LAKE DRIVE HOG NECK 13AY dMD. CONSULTING-WADING -,.%CALf = I" 60' 0 SHEET RIVER~ N.Y. CENANOP-RE APPLICATION NO. 87-0614-L2 PUBLIC NOTICE NO. 13328-87-O~14-L2 DESCRIPTION OF WORK The applicant, West Lake Association, has requested Department of Army authorization to construct a bulkhead, place fill, and maintain as completed a partially dredged canal that connects West Lake to Nog Neck Bay in Little Peconic Bay at Cedar Beach, Southold, Suffolk County, New York. The proposal includes th? reconstruction, in-kind and to an elevation of four feet above mean !ow water, of approximately 45 feet of timber ulkhead, and the installation of approximately 52 feet of new oulkhead, with a fifteen foot return. The proposal also is part of an enforcement case (No. 87-139) involving unauthorized maintenance dredging of approximately 600 cubic yards of material (5200 sq. ft. area) and to a depth of 4 feet below mean low water from a canal that connects West Lake to Hog Neck Bay. Originally, the applicant dredged the canal and deposited the resultant dredged material at an upland location. As part of this public notice, the applicant proposes to complete the remaining dredge work, as part of a ten year maintenance permit, and dispose of the material as backfill behind the proposed bulkhead and return. All dredged material that cannot be accommodated as backfill, and all subsequent dredged material from future maintenance (anticipated at 100 cubic yards every three years) shall be deposited at an upland location where it would be suitably retained from reentering the waterway. It should be noted that the initial maintenance dredging was completed without prior Department of the Army authorization. The New York District Corps of Engineers has declined~ at this time, to initiate legal proceedings for the undertaking of unauthorized work. The decision whether or not to grant approval of the unauthorized work will be based on an evaluation of the probable impact on the public interest of either allowing the work to remain as constructed or requiring its modification or removal. Public comments in response to this notice should be directed toward these alternatives. The stated purpose of the proposed project is to provide adequate and safe navigation. 0 I ARE,~. TO ~E.___F/L.L~ED_ 3J~lBe  ~6~6' W4LER ~4~ ~ ~ AD~ TO ~TAIN ) .  ~{ 3~ 12/~HE~HING TIE TO U.M.O. CON,SULTING---WA DING RIVER, N.Y. BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 $outhold, New York 11971 TELEPHOI~ (516) 765'1892 APPLICATION NO. .~30 OATE OF APPLICATION__A~ril 27~ 198__7 ....... iDENTITY OF APPLICANT West lake Association (516)-825~4~ NO ADDRESS OF APPLICANT C/O 33 Richmond Blvd., Rockville Centerr N.__Y_~__]l.__570 TAX MAP NO. Please see attached list AGENT Glenn E. Just of the Land Use ~QmpaBy (516)-929-3575 PHONE NO.__ PCRMIT REQU£ST£D TO maintenence dredqe~q__8~'~ 60'.~rp3 ~n ~ at HLW. Resultant spoil (approx. 600 c.y. of sand) shall be trucked to an upland disposal site. LOCATION OF PROPERTY FOR WHICH PERMIT WANTEB__L~ ~._~_.~ ~ WpqP __ Lake, Southold HOME ADDRESS OF PERMIT APPLICANT IF DIFFERENT FROM AFORESAID LOCATION___ CREEK, BAY OR HARBOR FRONTING PROPERTY__._!~e__s~ l__~ak__e_~_~_~cl~c~k_~Ba~__ SIZE OF PROPOSED WORK 85'x 60' LENGTH.~.___ 85' WIDTH 60' HEIGHT ABOV£ HIGH WAT£R N/A LOW WATER TO be dredged to 4' EXCAVATED 600 c.y. FILLED_____N/A ----- WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY at MLW IN THE AREA 0 FT. Land based crane usE? Private INTENDED USE OF PROPERTY DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED Appears to be previously dredged ON THE PREMISE STRUCTURES OR TO DREDGE OR DEPOSIT FILL ON SAID PREMISES AND WHETHER AGENCy__~one to my knowledqe DESCRIBE FULLY THE REHABILITATION AND PROPOSED CONDITION OF THE PREMISES AFTER THE WORK IS COMPLETED INCLUDE AN ADDITIONAL SURVEY OF THE PROJECT SITE IF NECESSARy NO rehabilitation___s~3~_b___e__n3~3~__' WRITTEN CONSENT OF THE OWNER OF THE PROPERTY, APPLICANT. Enclosed IF NOT THE SAME AS THE ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED THAT WOULD PROHIBIT THIS PROJECT? No J APPENDIX A EAF ENVIRO;IMEXTAL ASSESSMENT - PART Project information NOTICE: This document is dost?ned to asstst tn determining whether the action proposed may have e significant effect On the environment. Please complete the enttre Oata Sheet. Answers to these questions wtll be considered as Dart of the application for approval and may be subject to further verification and publtc review. Provide an.v additional mformation you belteve will be needed to complete PARTS 2 and 3, It is expected :nat comoletion of the EAr will be dependent on information currently available and will not 1evolve new studies, resedrch or tnvesttqation. If infonflation requiring such additional work ts unavailable, so indicate and specify each instance. NAME OF PROJECT: ADDRESS AND NA~E OF APPLICANT: (N~) ,,d --[:'. (Street) -- (P.o.) ~_) {Statel J {Zip) NANE AND ADDRESS OF O~IER (If Different) (Naa,e) (P.O.) (State) (Zip) U HESS pHON : DESCRiPTIOI( OF PROJECT' (Briefly descrtbe type of project or mcttofl) (PLEASE COMPLETE EACH QUEST%ON - Indicate M.A. if not applicable) SITE DESCRIPTION (Physical setting of overall project, both develoned and ufldeveloped areas) 1. Gefleral character of the land: Generelly uniform slope ~ Generally uneven and rolling er irregular 9/t/78 Present land use: Urban Industrtel . Cow~eecial . , Agriculture ,'-/'J'~"~ ' Total acreage of oroJect area:~,.'T{ acres. Aoproxlmate acreage: Meadow or Brushland Forested Aqricultural · Suburban 7--., Rural ,'<-.. Forest ~.letland (Freshwater or Tidal a~ner Articles 24. 25 or F.C.L.) Presently After Completion -- acres ~- acres Heter Surface Area -- acres . acres . Unvegetated (mck, earth or fill) -- _acres - acres Roads, buildtnqs and other paved ~.c~lI O0 ~.~- surfaces ~--~lLOs~_ecres ,ores · Other (indicate tyne) '~hat is ~redominant soil type(s) on nroJect site? ---- _~_'~. .......... a. Are there b*d~ock outcropoinos on nrnj~ct'site? ._£__Yes ..~.No k. ..at is depth to bedrock? ..... b~.[~ ......... (!n oeec) Presently After Completion -- acres 6. Apprbximate percentage of proposed oroject site with slooes: 0-10~ ~_~: ln-15~ %; 15: or greater . 7. Is project contiguous to, or contain a buildin~ or site listed on the National Register of Historic Places? e. Yes ._~No 8. W~at is the depth to the water table? AJ'~feet g. 0o hunting or fishing opportunities presently exist in the project area? ~/~ Yes NO 10. 0oes project site contain any species of plant or animal life that is identified as threatened or en.danOered - __Yes ._.~:lo, according to - Identify each species 11. Are there any unique or unusual land forms on the project site? (i.e. cliffs, dunes, other geological rotations o Yes ~_No. {Describe 12. Is the project site presently used by the community Or neighborhood as an o!~en space or recreation arum - ~ Yes , 13. ~es t~ p~s~t site offer or inclu~ scenac vi~s or vistas kn~n to be t~ant to the c~unity? ~ Yes 14. Stre~ within or conttg~us to p~ject area: ~. ~ of stem and ~ of river to which it is tributary ~]~ L~ Lika, Ponds, ~lmnd a~as within or c~ttgubus to project area: ~. ~ i b. Size (iff acres) 16. ~t ts the ~t~nt l~d use ~d zoning classification within a 1/4 mile radios of the project (e.g. single fmtly ~sid~tial, R-~) and ~ scala of develo~t (e.g. ~ story). 1. Ph~(cal dt~si~s and scale of p~j~t (fill in di~nsions as I. TQ~l c~ttgGs icm~ ~ed by p~ject s~nsor ~ ~ acres. b. P~J~t icrem~ ~vel~d: ~ iC~s lnittmlly~ ~ acres ulttmtely. c. P~J~t ic~i~ te rain un, reload ~ . d. L~gth of ~Ject, tn miles: ~ (if a~priate) e. If p~Ject is in ex~ansion of existing, indicate percent of expansion p~sed: building squa~ f~t- f. Number of off-street pa~ing spaces existtn~ g. Maximum vehicular trips generated !~er hour h. If residential: Humber and type of housing units: Initial Ultimate ; proposed ~ (upon completion of project) 9ne Family Two Family Multiple Family Condominium If: Orientation :!eighborhood-Ctty-Regional Estimated Emoloyment Co~rcial Industria) Total height of tallest nroposed structure _A~_~_..feet. -2- 2. How much n~tural material (i.e. rock, earth, etc.) wtl) be removed from the site - "'""" tons project) Yes 9~. NO 6. If single phase project: Anticipated period of construction ~ months, {including demolition). b. Anticioated date of commencement phase 1 month year {including I~tk demolition) ~N~Jl~/~ c. Approximate completion date final phase month, year. d. Is phase 1 financially dependent on subseouent phases? Yes No 8. Will blasting occur during construction? Yes )(- No g. Nm~ber of jobs generated: during construction ~ ; after project is complete ~. 10. Number of Jobs eliminated by this project ~. Il. Will project require relocation of any projects or facilities? Yes ~<"No. If yes, explain: 12. a. Is surface or subsurface liqutd waste disposal Involved? Yes ~No. b. If yes, indicate type of waste (sewage, industrial, etc.) c. If surface disposal namoof stream into which effluent will be discharged 13. Will surface area of existing lakes, gonds, streams, bays or other surface watemeays be incroasedor decreased by prooosal? Yes ~ No. 14. Is project or any portion of project located in the 100 year flood plain? __Yes __No 15. a. Does project involve disposal of solid waste? ~Yes' No b. If yes, will an existing solid waste disposal facility be used? )~' Yes c. If yes, give name: ~,~<~t~-~,~,c~..,,~,,~ ; location ~-~.-~- d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Yes ~. No Will project use herbicides or pesticides? Yes Will project routinely produce odors (mere than one hour oar day)? Yes ~'NO Will project produce operating noise exceeding the local ambience noise levels? No 16. 17. Yes ~ No lB. lg. Will project result in an increase in energy use? Yes )(~'No. If yes, indicate type(s)~ 20. 21. 22. If water supoly is from wells indicate Oul~otng capacity h,J(~ gals/minute. water usage per day _J~J~ qals/day.' Total anticioated b. Current soecific zoning classification of site C. Is ProPosed use consistent with present zoning? d. If no, indicate desired zoning - -3- ~6. Approvals: a. Is any Federal permit required? ~Yes No b. Ooes project involve State or Federal funding or financing? c. Local and Regional approvals: Approval Required (Yes, No) (Type) City, ll~n, Village Planning Board City, Town, Zoning Boara City, County Health Department Other local agencies Other regional agencies State Agencies Federal Agencies C. INFO~,tTIONAL D~TAILS Yes Submittal Approval (Date) (Date) Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with the proposal, please discuss such impacts and the measures which can be REPRESENTING: /,a,,,.,. c--,c -4- EAF ENVIRONMENTAL ASSESSMENT - PART II Project Impacts and Their Magnitude General Information (Read Carefully) - In completing the form the reviewer should be guided by the question: Have my decisions and deteminattons been reasonable? The reviewer is not expected to be an expert environmental analyst. - Identifying that an effect wi1) be potentially large (column 2) does not mean that it is also necessarily ~o' Any large effect must be evaluated in PART 3 to determine significance. By identifying an l ume 2 simply asks that it be looked at further. The ~ provided are to assist the reviewer by showing types of effects and wherever possible the threshold of magnitude that would trigger a response in col umnn 2, The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be more appropriate for a Potential Large Impact rating. - Each project, on each site, in each locality, will vary. Therefore, the examples have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. - The number of examples per question does not indicate the importance of each question. INSTRUCTIONS {Read Carefully) a. Answer each of the 18 q~estions in PART 2. Answer Ye~s if there will be mny effect. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a auestion then check the apprmprtate box {column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about the size of the impact ~en consider t~e imoact as potentially large and proceed to PART 3. e. If a potentially large impact or effect can be reduced by a change in the project to a less than large megnttude, place a Yes in col ur~n 3. A No response indicates that such a reduction is not possible. IMPACT ON LAND WILL THERE BE AN EFFECT AS A RESULT OF A PHYSICAL C~NGE TO P~?JECT SITE? Examples that Would Aoply to Column 2 NO YES Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. Construction on Land where the depth to the water table is less than 3 feet. -- Construction of oaved oarkinq area ~or l,qqO or more vehicles. Oenstruction on land where bedrock is exoosed or generally within 3 feet of existing ground surface. Constr~ction that will continue for more than 1 year or involve more than one nhase or stage. Excavation for mining purposes that would remove mere than 1,O00 -- tons of natural material (i.e. rock or soil) per year. Construction of any new sanitary landfill. SPALL TO POTENTIAL CAN IHPACT BE MOOERATE LARGE REDUCED BY IMPACT IMPACT PROJECT CHANGE S!~ALL Tf) POTEHTIAL C.~H I!tPACT BE ~0 E P~AT E LARGE REDUCED BY IMPACT IMPACT P~ECT C~NGE Construction in a designated floodway. 2. WILL THERE BE AN EFFECT TO ANY UNIQUE OR UNUSUAL LAND POUND ON THE SITE? {i.e. cliffs, dunes, qeolo~ic&I tlo~s, etc.) Soecific land Formst IMPACT ON WATER N(1 YES 3. WILL PROJECT AFFECT AHY WATER BODY DESIGHATE0 AS .......... PROTECTED? (Under Articles 15, 24, 25 of the Envir- onmental Conservation Law, E.C.L.) Examples that Would Apply to Col mnn 2 x~DDredging more than 10~ cubic yards of material from channel of a protected stream. Construction in a designated freshwater or tidal wetland. Other tm~acts: Ex~les that Would Apply to Column 2 NO YES 5. WILL PROJECT AFFECT SURFACE ~R GROUNO~4ATER AUALITY? E~amp)es that Would Apply to Col u~m2 ~ Project will require a discharge permit, ~,"ALL TO PflTENTIAL ~Atl IfIPACT BE HODERATE LARGE REDUCED DY ;HR~C' I"P~CT PROJECT CHARGE 6. '.dILL PROJECT ALTER DRAINAGE FLqH, PATTEmqS (lq SURFACE ~LATER ,~0 YES ~UNOFF? ................................................... r~ YES 7, PILL P~ECT AFFECT AIR QUALITY? ........................... Fxmmples that ~uld Apply to Col~ 2 million BTU's pe~ I~ACT ~ ~LA~S AND ~IP~LS ~ YES 8. WILL PR~ECT AFFECT ~Y THREAT~NEO OR EN~ER[D SPECIES? Examples that Would Apoly ~ Co1~ 2 Re~val of any oortion of a critical or stqntftcint wild- - life :v,lce a yea)' other ~n 9. ~ILL PROJECT SUBSTAtlTIALLY AFFECT H~N-THREATE:tEO OR NO y YES .7. I~'D~CT O'l ~ISL'~L QESP:IRCE 1D. UII.L THE DDOJFCT ~FFECT VIEIIS. ulSTAS eR THE ¥I~UAL An incomnatible visual affect caused by the introduction Surroundino landscape. obviously different from ~thers around it. ~ Project will result in the elimination or major important to the area. Other impacts: IMPACT ON HISTORIC RESOURC~I 11. WILL PROJECT It. IPACT ANY SITE OR STRUCTURE OF HISTORIC, PRE-HI~Tn~IC AR PALEQUTOAICAL IPPOPTANCE? ..... Examoles that Would Apelv to Colu~ 2 Pr~.lect occurtne wholly or nartlally within or contiguous to any facility or site listed on the Hetlonel Reotster of historic places. A~y impact to an archeologtcal site or fossil b~d located within the project site. HO IMPACT,ON OPEN SPACE & RECREAT)~ 12. WILL THE P~nJECT AFFECT THE OUANTITY OR QUALITY OF EXISTIBG NO OR FUTURE OPE~ SPACES OR RECREATIONAL OPPORTU~IITIES? ...... Examples that Would Aoply to Coluem ~ The per~nent foreclosure of a future recreational opoortunity. ~ A major reduction of an open space important to the community. Other imoacts: NO tHPACT AN TRANSPORTATI~ 13. dILL THERE BE AN EFFECT TO EXISTING TRANSPORTATION SYSTEMS? ............................................... Examples that Would Annly to Column 2 ~ Alteration of present patterns of ~ve~nt of people and/or goods. Pro.iect will result in severe traffic ~roblems. -8. Othe~ impacts: 1. ?-. 3. LL TA ~OTE~(TIAL CA>I I)IPACT BE OPERATE LAPP, E REDUCED ~Y I~PACT I'*PACT PRAJECT C)!Ar(GI 14. 15. IMPACT ON ENERGY $1ILL PROJECT AFFECT THE COMMUNITIES SOURCES OF FUEL OR ENERGY SUPPLY? ......................................... Examnles that Would ~pply to Column 2 Project causing qreater than 5% increase in any form of energy used ~n municipality. Project requiring the creation or extension of an energy transmiss(on or Supply system to serve more than 50 sinqle or two family residences. Other impacts: IMPACT ON NOISE NO YES Examples that Uould Aooly to Column 2 Blasting within 1,500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). Project will mroduce ooerating noise exceedinn the local amoient noise levels for noise outside of structures. Project will remove natural barriers that would act es e noise screen. IMPACT OF! HEALTH & HAZARDS 16. '~ILL PROJECT AFFECT PUBLIC )IEALTH AND SAFETY~ ............. ~ Examples that IJould Apply to Column 2 Project will cause a risk of exolosion or release of hazardous -- substances {i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or UPSet conditions, or there will he a chronic low level discharge or emission. Project that will result in the burial of "hazardous wastes" -- (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.. includin~ wastes that are solid, semi-solid, liquid or contain qases.) Storaoe facilities for one million or more gallnns of liouifted natural gas or other liauids. 1 ;5. ~MALL TO POTENTIAL CAI4 IMPACT BE ~DERATE LARGE REDUCED BY IMPACT I'~PACT PROJECT CHANGE Other impacts: 17. lB. ~)m~EL TP PDTE;ITIAL CAN [HPACT BE R~'TE LARGE REDUCED BY Ii'PACT IIIPRCT PROJECT CHANGE IMPACT Oil G~OWTH AND CHARACTFR OF CO~IUNITY OR qEIGHR~RH~ WILL PROJECT AFFECT THE CHAPACTE~ nF THE EXISTIN~ NO / YES The population o* the City, Town or Village in which the project is located is likely to grow by more than 5t o~ resident human population. The municipal budgets for capital expenditures or opera- ting services will increase by more than 5~ per year as a result of this project. will involve any oermanent facility of a non-agricultural use in an agricultural district or remove prime agricultural lands from cultivation. The project will replace or eliminate exist)rig facilities, structures or areas of h~storic importance to the co.~nunity. Development will induce an influx of a particular age group with special needs. Project will set an important precedent for~future proiects. Project will relocate 15 or more employees tn one or more businesses. Other imoacts: IS THERE PUBLIC CONTROVERSY CONCERNING THE PROJECT? .. Examples that Would Apply to Column 2 Either government or citizens of adjacent COr~munittes have expressed opposition or rejected the project or have not been contacted. Oblecttons to the nro~ect from within the community. riF ANY ACTION IN PART 2 [5 [DE)~IPIED AS A m m )W)TENTIAL LARGE IMPACT OR IF YOU CANNOT DETERflINE ! THE MAGNITUDE OF IMPACT. PROCEED TO PART 3. PORTIONS OF EAF COMPLETED FOR THIS PROJECT: DETERMINATION PART I , PART II PART 3 , Upon review of the information recorded on this EAF (Parts l, 2 and 3) and considertnq both the maqnitude and importance of each impact, it is re. asonabl¥ determined that: A. The project will result in no major impacts and, therefore. is one which may not cause significant damage to the environment. Although the project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described in PART 3 have been included as part of the proposed project. Date Signature of Preparer (if qifferent from responsible officer) PREPARE A IIEAATIVE DECLARATION PREPARE A NE('aTIVE fIECLARATION PREPARE POSITIVE DECLARATIOIi PROCEED WITH EIS w© ~t-~'~Rasponsible Official in Lead Agency ~'Flnt or type name of responsible official in Lead Agency ELF EI(VIROI(MENTAL ASSESSMENT - PART III EVALUATI~):I 9F THE I~P?)I~TA;ICE OF IMPACTS I)(FORNAT IO~( Part 3 is prepared if one or more impact or effect is considered to be potential)y la~oe. - The amount of writin~ necessary to answer Part 3 may be determined by answering the Question: In briefly completing the instructions below have I ~laced in this record sufficient informotion to indicate the reasonableness of nv decisions~ INSTRUCTIONS Comolete the foll owinq for each impact or effect identified in Column 2 of Part Z: l. Briefly describe the impact. 2. Describe (if apolicable) how the imoect m~gnt be mitigated or reduced to a less than large imnact by a pro- ject change. 3, Rased on the tnfor~ation available, decide i? it is reaspnahle to conclude that this t~c~ is important to the mtnictpality (city, town or v~llaqe) in which the project is looated. To answer the question of importance, consider: The probability of the impact or effect occurring The duration of the impact or effect Its trreversibility, including permanently lost resources or values ~hether the imoact or effect can be controlled The regional consequence of the ir~act or effect Its ~otential divergence frO~ local needs and goals ~hether known objections to the project apoly to this impgct or effect. D£TER~INATIQN OF SI~!IFICA~CE An action is considered to be significant if: Are (or more) imoact is determined to both lmr~.e and its (their) conseouence, based on the review above, is important. PAOT III STATEMEgTS (Continue on Attachments, as needed) -Il- Applicant proposes to maintenance dredge an 85'x 60' area to a depth of 4' at MLW. Resultant spoil(approx. 60o cy of sand) shall be trucked to an upland disposal sibe. Purpose: Maintenance dredging Datum: Mean Sea Level Locus: 72"24'/41~02' Applicant: West Lake Association April 27, 1987 Project location West Lake at ~edar Beach Park at Soubhold, Town of Soubhold, County of Suffolk, New York. (Note enclosure for list of property owners) West Lake ! Area to be dredged 8 CO., W,4 DIN O ~oo JgCIDO L Ad~oininq Owners To North T. McDonagh 53 Hudson Road bellerose, N.Y. 11426 To East A. Sowinski 16 Chestnut Avenue Glen Head, N.Y. 11545 Bulkheaded inlet leading to Hog Neck Bay Scale i"--150' SHEET t o~ ~- RIVE R, N. Y, ©NI(~V~ 'OD