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HomeMy WebLinkAboutTR-418 - . . . - T -• � . . .w uc � •yYN a r b � TOWN OF SOUTHOLD BOARD OF SOUTHOLD. TOWN TRUSTEES SOUTHOLD,NEW YORK j WETLANDS PERMIT l i Thi+ Wetlands Permit No. ..Alf has been granted by the Town Trustees according to Information furnished in Application No. ...530........... filed by Applicant..Lan......... ....... Use„�omg}nyJar West Lake Assoc. on June 2 ........... 19,F..... A map of the proposed work will be kept . . .. . ....... . ........ on file in the Trustee Office under the application number given. Permit granted to do the following'work „T..... .............................,maintenance dredge a 851 x 601 area to a .. ................................................... �de�th of .. at, mlw. R ................esultant .coil. r...¢Q.9 � Ar„•Y.fj@.�..A�..Sdtixi..W�j3..kC..XiNskE to an upland site. „............... ........................................................................................................................................ Location of property on which work to be done...Lake„Drive at pleat Lakgr...§nftt%914.............. ......................................................................................................................................................:.......... „............................................................................................................................................................... Creek, Bay or Harbor fronting property „,West...4 t . Rat„R�..Ft4B.. �C�c..a}.aX...... ..................... ................................................................................................................................................................. Size of work: Length 85' x 6D' area , ............................................................................................................................. Width „.........................................:....................................:............................................ Height Above High Water ...............................:..........:................................................. Depth Below Low Water ................................................................................................. Yards to be Excavated.......„609 cu:..Y.d. r...... Yards to be Filled ................................................ .......... ..... Manner in which material is to be removed or deposited ....Land bagg.4�..&i itnA............... . .................... „............................................................................................................................................................... Intended use of property..Residential ................................................................................................ y........................................:.:....:......................................................................................................I........ Conditions if any....Proof„of contrafX9Xk..jtiikjlJity..11lAl7t�Alfitt.jtl..i gRueRted.and.a............... licenser— --- —. __ - — survey ahowin the the $.. of water is .. .P 3,C R..tj7t deb „t„ken rl t Empiration Dete „June 25, 1989 if work has not commenced ............... . ..... Number of inspections Required 2:Trustees are to be notifie work. ............4t..i.&A.?i..fi.P.i ...... Inspection Fees „$1t1:00 - .................. ...... .............................................. ...:_ .... ••Liability Policies in the Amount of 5100400.0 . �. �Q/ The validity of this permit Is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility_in. applying for or obtaining such approval. In the 'event that such approval is necessary, the holder of this permit shall not commence operations here. under until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Trustees upon recelpt by the Trustees• of written notice from suchother governmental or municipal authorities o'f its refusal or disapproval. ,r:,r. . . .. ..,->.:. ..,•.ice^.- , :':.'r,Sr�, .+l:r iT.y"':; :.M.e.yv,�-1�r.C, � . . is �PAtF 5 J so 0-14 , Ny. /rye, gal ©/-c.4 s le b Q a d u r s�c( cR,y`1 o s � f% �T^t �ro be d ,/< ,sis &,t A^tsrk?ts 9hi . e AAS. �a W a.Uj &M -SsaPaes we ne�4P t u fa � 96Lr- yobles y Ater s� e� q� Wes f,wl� �4 5� �a!ly So,MP ©� sup Cm-t� ewnc are V&l r bi rd li�,� e, o-y ,f l�m t altz.& wi !f fG wltzets -e a4AJ �rcQ�cQ u�4A-a �o Qssu '/t �o�e� SI6 Lt occuss, C"A4J 4,176.-CCr � a W aet l,�14 , a u�1 � „�n a.L.&� �e l�A p a? Pas J Post. J&'S Pasf y cur, �v-e 6.&ASelaeo 4eel, &/vaLsx - liyy)aZel ®l� 20p /n�ul �t�Qk� Pa �, e Ccc,�c�Q Lv�c e b.e #A4 AY ltt - o 4�A-4 wk/vi Y►, o 's b uk 7q�° rl I AA` �J &tAL 3 - ��✓ �L w to ev " e �Q� &-e� Ale 4L fiu.Niu a sa �� o uT Q a4A-4 S o� ixvlrh 6 y � c.�c a ejt6 ,P s � e b n ode a a C 1�ic LIK A- bete a zl c-K -e tz e z s �e came s w s� dLu act,, CCU 's sY4 , De-x c 4 6i /hV154bQrUby�,j ,- 6f6v- 6oa7L w� 74- �2 i �o 5.-.ntitNnuh �� o IL r it � u.,o M vu-w� L 7m tee , y yP > (- -Ad7- � P/14-�x U r �s 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. Dal 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 to 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 run 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 community, 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, Marcelle & 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 21, 1987 TRUSTEE SMITH: Thank you. Does any one have any comments to make on this application': RICHARD HUMPHREY: 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. Which 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 HUMPHREY: 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 wate 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 of 5' below m1w. where the bulkhead 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? MR. 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. MR. 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 BREDEMEYER: Do any of the owners allege to have rights to the bottom land there. Or deeds? MR. 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? MR. GREENFIELD: Yes. TRUSTEE LARSEN: Which under mines it. MR. 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 Marine Construction who was contracted to do this job. Like Glenn said all we wish to do'Sremove 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 for 4 ft. at mlw. It shoaled up a lot. You can walk 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 cut 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 SMITE}: 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 13 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 soil- 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. All 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 BREDEMEYER: Mr. Brennan, when was the last time that the inlet was dredged before? To the best of your memory? PER. BRENNAN: I do not remember it being dredged before. TRUSTEE SMITH: I remember it being dredged before. MR. 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 m1w. 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 OLIVA: My name is Ruth Oliva. 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 BREDEMEYER: 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? MRS. 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 Bar•bato 41l Fotrr-th Avenue East Northport, New York 11731 (51C) 2CC- 3527 January 17, 1990 s AP. Scott Harris, Supervisor J I9OO Town of S,juthold 53-)95 Main Road Southold, New York. 1 197 1 �1) Lear Mr. Harris: The intent of this letter is n_-t meant to be malicious to anyone. Hopefully it will briny a har•m1z-nio1.rs soli.rtion to the problems of this community in a justifiable manner. The individual r-ights of bay ft-clrit homeowner's must be heeded to allow everyone the right to take protective measures from disastrous stomas and ether- perils by obtaining the necessary per-raits. As per records on file with the beard of Trustees, in 1287 he Town board of Southold issued permit 0418 to dredge West Lake, in C ar- Beach Park. Without our- knowledge or, approval , our- name ap n a list of Ll homeowners identified as a nori-existant "West Association". The permits were procured based on a typewritten ich was obtained from the tax roll with no signatur-e cif appr-. -o ✓y of the unsuspecting taxpayers. Personally, we car e - his constit�_�tes an "association" which assumes the legal rig q r,�pre' nt the consensus of all the residents in the West Lake area. h fir. acceptable policy car, be used by anyone to gain what is desired, with no concern for- the impact or, the irwaediate environment. Before consulting or ascertaining the consensus of the ar-//����a residents, a regi_rired payment was solely initiated (enclos,.ire kl ) to WE processing the permits. Subsequently the- residents were informed And solicited to share in the cost . We did riot contribute or reseorie' The procurer• is unknown t�, anyone and the signed permission slip to "All Regulatory Agencies" is very vague and lacking information. Sever-al times in previous years, rests for, the dredging of West Lake we re denied by both the Town and ity,,8'fficials because of its ecological impi_,rtance to marine a raal life. All contiguous property owners were notified (enclosure #2) 'ind the homeowner' s wishes were heard and considered. Town records show that the work was done with no permit frora the Array Corp. of Engineers. A man-made sandbar- and other, serious pr-obleras that did riot previously exist, wet-e cr,eated. / /�L.,r:.:,e.e GV✓l t�tn-e..' W-.t� �ri= 1�-,-try �yy,._�� • Due to the magnitude of the project, we question why an environmental impact statement was not requested or, required. The resultant impact is devastating to the community and in our twenty-seven years of r•esiderrcy, we have never witnessed such adverse conditions. The original provision of the renu,val of sand to the town landfill or, the distribution along the shr-reline in the bay was changed. Instead, it was spread on the roadway r•esultirig in ruts that are very bad. Since the underwater rights are owned by the Town of Southold, mare consideration should be given to the marine and animal life, to the ecology, to the diminishing wetlands and to the r-e,, iving breeding habitat of shellfish that was destroyed by the brown tide. It should not benefit a few who willingly chose to p-srchase property in this quiet and private comml.inity. Because of subsequent desires for, chance, rio one should assume the eight tc, ruin the environment and infringe or, the tranquility and serenity of natl.ire or- area. homeowners. Because of few responses and plans were not fruitful ir, 1987, two years later-, in the spring of 1989, a notice was sent urging all homeowners to form a West Lake to increase property value and enjoyment (er�clos�_rr-e #3) . The existing and established Cedar, Beach park. Association includes this area and any homeowner is free to join. It is not logical to have two associations that may have legal conflicts, involving the Town, with futui,e development of the proposed Angel Shores. The majority consenting voters_ of any association determines their accomplishments. By presently establishing a West Lake Association, the voting power, would be contr•olled by a few, who repr•eserit a small minute section, riot the entire community. If a movement has beer, initiated to organize and incorporate a West Lake Association, we do not wish to be associated with the formation and do not permit the r_rse of out- name for- any purpose or, reason. We respectfully request that your office provide a copy .:if this letter, to be kept or, file with all County and/or- State Agencies that have jur ,isdictiori to issue a Certificate of Incorprratior,, that may have beer, filed or will be filed in the future, for a "West Lake Association" or its co enter,part repr•eserit irig this area_ We demand that since the consensus of the area residents were not reflected in 1987, those Whr_-. were solely instrumental ir. or-iginating the permit, be held financially responsible to r-enrove the man-made sandbar•, that still resides in the lake from the unlicensed dredging, and tc restore the road to its former condition. This is a suriimer community and our, tax dollars support the schools and other, essential services that do not benefit us. Upon speaking with area residents, we agreed that all transactions have occurred during the winter- months, when no one has knowledge or inclement weather- prevents attendance of public hearings. We ask that you keep us and the other- taxpayers appearing or, the list, informed of all future actions and hearings regarding this matter. Or, February 28, 1989 the Board of Trustees approved to extend permit #416 to expire on March c, 199C). In view of the facts, kindly scrutinize the validity of the permit and we trust that appropriate action be taker, to void it . All other regulatory agencies should be notified to review their permits and grarjt n�1 fUr-ther extensions. We thank you, in advance, for you. , consideration in this matter and would appreciate an on-sight inspection to discuss this matter further. Tr%iAly yours, ather rle f, J�seph lirbatu Ericlusuve� (3) cc. Mr. John M. Bredemeyer III - President of the Board of Trustees Town of 5,--uthold Mr. James Schondebare - Tc-wn Rttov,riey for the Town .:•f S-_i.rth-,ld THE ASSEMBLY �•'? 4 .nsr STATE OF NEW YORKry� >_ ALBANY r Igor) rlr.� R1HN J FLANAGANA—Problyman 9th District COMMITTEES 24 Woodbine Avenue Election Law Ph.rtnport.New York 11768 Health IS16)261 4151 June 25th, 1990 Higher Education 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. 'Very truly yours, JJF:cs ohn J. lanagan encl. c.c: Mrs. Barbato US Army Corps of Engineers Joseph Sawicki Catherine and Joseph Sarbato 411• Foarth Avenue East Northport, New York 11731 (516) 266-3527 June 21, 1990 The Honorable John J. Flanagan New York State Assembly - Ninth AD 24 Woodbine Avenue Northport, New York 1176E Dear Mr. Flanagans I am writing this letter to protest the method used by the Southold Board of Trustees in accepting application and issuing Wetlands permit #418., to a non-existant "West Lake Association" in 1987. They are, to this day, protecting, defending and encouraging the progress. The Department of Environmental Conservation and the Army Corps of Engineers are unaware of the fact, and questionable, illegal work continues. Please arrange an immediate on-site inspection of the area of West Lake Drive, Southold, New York. There are many problems facing the West Lake area. They must be resolved in a manner that is fair and unbiased to individual homeowners who are not represented by a consultant that works for the sole interest of who pays him and not for the benefit of the whole community. The authorities seem to condone and yield to their capricious conduct with no long-term view of the impact to the environment, coastline or to the individual taxpayers interests whom they represent. My intention is not to carry tales, but to protect my property and uphold fair government. I will state and support facts and ask you to ,judge fairly and act so that authorities do not make this a future and acceptable practice. Enclosed please find the followings 1. 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 25, 1987 2. Copy obtained from (SBT) that was used to give permission to all regulatory agencies to issue permits. Please note the lack of information and that the signature is not the same as the one that appears in letter, item #3 - below. 3. Copy of letter dated April 23, 1987 that was sent to me soliciting neighbors to pay for share of cost to obtain permits since the party who signed the letter had forwarded his check to begin processing without notifying or ascertaining the consensus of the area residents beforehand. I did not contribute or respond. 4. A list 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 too procure the permits. My name appears as an applicant without my knowledge, permission or authorization. I discussed the matter with the (SBT) and they stated that the "application was a fraud". However, they argued that there was a public hearing. 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 under a bogus association. We live in a democracy and our civil rights are protected in our Constitution. 5. A copy of letter received two years later past-dated April 28, 1989 calling for a meeting on May 27, 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 509 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 301 jetty. Although the Town of Southold 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 Corps of Engineers. The permit N418, shows that 600 yards were to be excavated at West Lake. Why was no Draft Environmental Impact Statement 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 am 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 from the problems .that result from the unlawful work. Kindly introduce legislation in the State 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, CatherineYand Joseph Barbato Enclosures (5) Dates To all Regulatory Agenciess Please be advised that Land Use Company has my permission to apply for all permits necessary to complete this project. , c , i—�-�1 • 100 e _ NN65-T LAKE AESOC=&A-rIIr-z d r r April 23, 1987 TO: West Lake Residents SUBJECT: Dredging of West Lake 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. Please--€orw.ard your share of the ermit fees AaAP_to _Tom P oko e e, ew or is� is $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, lqg 7 17 Osborne Road Garden City, N. Y. 11530 (516) 747-3514 and (516) 765-4778 July 18, 1989 To the Property Owners of West Lake: On July 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: Al & Mary Ellen Amend Peter & Phylles Gunn Joe & Catherine Barbato Dolores Holman Ed Brennan, Jr. Bud Lang Mike Costello Tom & Helen McDonagh Phil & Joan Giordano Tom & Peggy Prokop Herb & Marcella Greenfield Bill Riley At the meeting, West Lake Association was agreed on for the organization's name. The proposed by-laws were presented, reviewed and changed, where appropriate. The final version is enclosed. An Executive Committee was formed as follows: Tom Prokop President Ed Brennan Vice President Bill Riley Treasurer Mary Ellen Amend 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.11 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 appreciated if your check for $250. , payable to the West Lake Association, 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! •Mary" Ellen Amend Secretary r 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 T04", 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 �yo�; y`R TRUSTEES yr Z SCOTT L. HARRIS John M. Bredemeyer, III. President O pq �`- ¢. Supervisor Henry P. Smith, Vice President Albert J. Krupski, Jr. �! [ �0 Town Hall, 53095 Main Road >� P.O. Box 1179 John L. Bednoski, Jr. Southold, New York 11971 John B. Tuthill BOARD OF TOWN TRUSTEES Fax (516) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD 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 yours 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 necessary 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 time 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, John M. Bredemeyer, III President, Board of Trustees JMB: jb cc: Supervisor Harris Town Attorney CAC File M Catherine and Joseph Barbato 411 Fourth Avenue East Northport, New York 11731 ? ((516) 266-3527 . L�a �V L� August 14, 1990 -' DEPARTMEW OF STATE 31 COASTAL PROGRAMS AUG 2 0 1990 Mr. Torn Hart TOWN OF SOUTHOLD State of New York RECEIVED Department of State Albany, New York 12231-0001 Re: 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. ( enclosure) 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 riot to chide, .judge or condemn, but to be honest and 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. A few homeowners in the area have misrepresented themselves as a 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 of a huge-cement-boat_rampy_thatis_below MHW_mark�-made-an_ER20Arance, in --- ---- _ ------- 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. They_necessarily_ cause_damage_to_property_located_down beach_or•_downdrift_of_the_structure 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 permit 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 olar 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. In good faith, we appeal for your help and trust to hear favorably from you very soon. We thank you in advance. Truly yours, rze- L Catherine & Joseph Barbato cc: The Honorable John J. Flanagan Charles Hamilton - Region 1 Bureau of Marine Habitat protection Enclosure - 211190 letter HARVEY A. ARNOFF �oc��1EFOL/fC�Gy� SCOTT L. HARRIS Town Attorney .G Supervisor v rn MATTHEW G. KIERNAN y Town Hall, 53095 Main Road Assistant Town Attorney '. a�� P.O. Box 1179 yQl Southold, New York 11971 T Fax (516) 765-1823 Telephone (516) 765-I800 OFFICE OF THE TOWN ATTORNEY ---_- TOWN OF SOUTHOLD i ; INTER-OFFICE MEMO SEP 2 5 M FROM THE TOWN ATTORNEY'S OFFICE s 6, ✓ f PTO%'.,' J C� . .,U s TO: John M. Bredemeyer, III, President, Board of Trustees FROM: 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 Sy February 7, 1989 Mr. Kujowski Town of Southold Board of Southold 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 Cabherine and Joseph Barbato 411 Fourth Avenue East Northport, New York 11731 (516) 266-3527 September 5, 1990 `Jgi 2 Scott Harris, Supervisor l Town of Southold 53095 Main Road Southold, New York 11971 Re: Wetland Permit #418 - Non-existent West Lake Association Obtained by misrepresentation in 1987 Dear^Mr. Harris: On Sunday, September 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 amount of $425_as_assessrnerit_per_p1:2Qerty_owner_for_road work_ Upon discussing the fact that we were not notified beforehand of any proposed plans for, road work, a remark was made, "Are you notified beforehand when your taxes go up? You use the road most because you have to go the furthest to the Bay. " Because nine residents, out of twenty-nine immediate property and homeowners in the vicinity, met amongst themselves and planned to do road work in front of the homes of the officers and members, does riot obligate all the homeowners to submit to their demands and promote their questionable purpose. We attended two meetings to acquaint ourselves, but did_not join as members 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, Inc. " to disrupt this peaceful community with their arrogant behavior, by permitting them to levy assessments and challenge our right to use the road to gain access to our home, we demand a written explanation and a signed release from 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 Smith personally reassured us that the application for the above topic matter "was a fraud" and riot to be concerned since it expired on March 2, 199o. According to a letter dated June 4, 1990, Mr. John M. Bredemeyer, III, president of the Beard of Trustees, claims the expiration date to run until March 30, 1991 blaming the previous administration and putting us or, the defensive by suggesting that we work together "for what seems to be a matter between ,neighbors". In 1987, by exploiting the Town through misrepresentation of a non-existent West Lake Association, influence was employed to capitalize in building a new-road through the farmland at taxpayers' expense. Unexplained changes were made at the Town level, to alter the provision to cart the sand, removed from the illegal West Lake dredging, to the Town Landfill or to distribute the sand along the WHOLE SHORELINE as proposed by New York. State Department of State Coastal Zone Management. Our letter to you, dated August 8, 1990, protesting this matter and the $425 assessment pet, property owner, has to be answered with explained facts, riot as per letter dated August 16, 1990 from Assistant Town Attorney Mathew Kiernan questioning the preference of a meeting, a phone discussion or art attempt to respond in writing. He has not yet giver, his undivided attention to respond to our letter of August 17, 1990, requesting a written response. We and other homeowners have personally discussed the matter, with both you and Mr. Kiernan, and were informed that a review by his office would be conducted to determine if the permits were obtained illegally and if so, they would be immediately voided. Enough time has lapsed to arrive at a concli_rsive 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_day, by authorizing, encouraging and condoning illegal work. Whereas consultant' s deeds are accepted and defended and permits are obtained in a short period of time by allowing infraction unknown to the majority of the homeowners in the area, without any questions asked or no concern as to the resulting consequences that burdens the community. Our tax dollars pay approximately 44240, 000 yearly in consulting fees for the Town. We request art itemized expenditure as to why and to whom taxpayers must pay this arn-JUrit for biased decisions and p sor• 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 pr•oxinrity to our^ home, all homeowners will be directly affected by the road and other privileges, such as the 50' conlrnunity beach at the end of Little Peconic Bay Lane, and road access to West Lake that was granted to all horne -wriers by the filed map of the long existing and accepted Cedar, Beach association. A new association, who two years before inception misrepresented itself in a questionable and disputable manner to obtain dredging permits, is not needed. Out of the nine members, most have recently purchased property in the area, some as recent as two years or less, some have "for sale" signs, �.ther•s are from out of New York State and care little about preserving the natural environment. The main interest is to capitalize on the investment. We again appeal to you, as Town Supervisor, to enforce and uphold the law and act to resolve this intolerable situation. Our attempts to open the lines of communication at local level, where the prablern 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 cur• correspondence that has transpired with your office from Januar-y to the present, within the next ten days. Very truly yours, Catherine and Joseph Harbato �c��FFOL{rlp� FRANK A. KUJAWSKI, JR., President o= ; ALBERT J. KRUPSKI, JR., Vice-President crn -- 7zir TELEPHONE (616) 766-1892 JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH 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 referenced 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. All other terms and conditions remain as written in the original permit. Very truly yours , Frank A. Kujawski, Jr. �� President Board of Trustees FAK:jas CC: C.A.C. A u , STATE OF NEW YORK DEPARTMENT OF STATE ALBANY. N.Y. 12231-0001 ry - GAIL S.SHAFFER SECRETARY OF STATE 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 ,f89-0592-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. f C 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�erely, George R. Stafford 24ector iv'ision of Coastal Resources k 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. CONSU[TiNCI p.o. box 447 QUOCIUE, N.Y. 11959 (516) 653,0607 F MAR 2 0 1990 r Guard of KHn lrvstep�� FPO- 01 sonthol-d : uun Hall . 530"K Main RwAo r .0. 00A no"thuld , N. V . " UrN Mr . john M . 1:'1 nflum3ver Ill , previdnnt wg West Lake Association , Wetlands Fnrmil No, An-. lm- Mr . Hr2d,mmwvwr � im ouF our nhort colivprwarion nrlLeF lv- K month v TrustaeSK Kepting with rcca-da tv tho abuvC noted 12nMit WMIC11 YMPa bwNrCl 01 l-vmtnP4 "aOO r0vvnt1v qranted a one YPar e vensiun . WVaSO 00 ld�IWEM OT the fUll0WinQ , . ' Uno. the aforpmentioned pvrmmit_0,,Fwrcd_ al.mo3T aill Pf tn(-� ,oLwt at West Lake 2gc2ph ff:3: thy south2-ri oljrylil : . 1046 Dxrllj" UlAa Mir on to main hnir,4nvx this swu Ker n wortion w ! ME inlet was granted to �hv 1_i:"2'en i-1jQ'j'-�..L iam"1V . YA JuPe A . jve? , "m Enard ol ruseeps Mad rix :.ed Went Ln- 1 K tne No . 1 Pryori1v lint vor dredging Tor that vear . Ai � qwi Lyme . Fho Board oi lruFteen nad requasted that Lmr ucunv� of SuTioll, dredole the mouth o" the crenh nal — If. loin , : ne Lounev of KPT7,ol.k waz unable to perform the nalnteHan,nn credgina and detailed thaL vsrt in a lethpr D-. j no A . - , LYR I (::PP Y F-ML Disc—1 ) , —, ')-,C 4 . At this time we are ranueslinn that thy Ww,f iaw Amsmalstann he s ' lowed " o urilizn lhn GrRentm ! 0 Y p-rman ,. H . ookomm in aoeation :.s indeed Town PnOtum, f have ena : use -1 A ' 00� or the tax map , and U han Seen dpmonytr, ved in tht PaEt + hat tvlerw is a neprl fur the mannrunance dreoying 0 , tME, irlot st Went Lake t — = $18 914.74;,1 II COUNYY OF SUFFOLK DEEPARTMENT .OF PUPLEC WORKS R. M.KAMMERER.P.E., L.S..COMMISSIONER YAPHANK. NEW YORK, 11880 13ARNEY A. EVANS,P.E., I.M. WILLIP.M S. 14ATSUNAYE,JR.P.E., L.S. CHIEF neruTY CO,AMIEOIONlR cla cr Bnc;utrcN February 23, 1976 Edward L. & Loretta M. 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 Hollis through the office of Supervisor Albert M. Martocchia, to per- form maintenance dredging at West Lake Pond, Town of Southold. We are requesting couture*Its from all contiguu.�s property owners so that any proposal we may submit to the District Legis- lator will reflect the wishes of area residents . Kindly tran:.mit any comments or -uggestions _you may have regarding the project to this Division at the letterhead address . Thant: you for your consideration of this mutter. Very truly yours, C. EISENSCHMIED, P.F Principal Civil Engi Division of Waterwa, CE:vg . , 53 Briarcliff Drive Merrick, N.Y. 11566 25 February 1976 Refuranee : ;pest Lake , Southold Dear Cedar Beach Rraident, Approximately a year a.ao, 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 Public Works , County of Suffolk. Other areas in Suffolk have had it done and after all we are , also, taxpayers. During the Fall of 1975 , I met with a representative of the Department of Public Works and we inspected the area to be dredged . Fe 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 Mr. Eisenschmied, Principal Civil Enpin- eer, to get a report on the progress of our permit. He recommended that the local property owners send letters to him and he would present them at the next hearin?. He felt strongly that interest shown by all property owners would help to gain swifter approval. 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 pone is becomincr more stagnant , as evidenced by large masses of floating green seaweed. If nothing is done the pond will eventually close itself Fnd become a stagnant sinelly area, nevoid of all water life . I also feel it would be very advantageous to have West Lal:e made usable . It wo!-ld 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;i t`.en only for very small 'coats. If concerned , gnu I none you are , please plan to write to Yr. aisenschmie6 , requesting the canal be dredged . The permit goes before the board very shortly so time is important. If you want any adeitional information, rlease oontact me. Sincerely, kDDRESS .V,t4, Yr. C . F.isenschmied John V. Hollis Dept of Public Works Yaphank, N.Y. 11980 y ;UfF01 �0 p TRUSTEES �; y . ' 2 SCOTT L. HARRIS Supervisor John M. Bredemeyer. 111. President Henry P. Smith, Vice President Town Hall, 53095 Main Road Albert J. Krupski. Jr. F ' P.O. Box 1179 John L. Bednoski, Jr. - -�=%y� John B. Tuthill Southold, New York 11971 BOARD OF TOWN TRUSTEES Fax (516) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone OW 765-1800 October 26 , 1990 Edward L. Brennan Vice President West Lake Association S 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, J John M. Bredemeyer, III President, Board of Trustees JMB: jmt cc: Town Attorney Supervisor Harris Town Board Mr. & Mrs. Barbato T FRANK A. KUJAWSKI, JR., President TELEPHONE ALBERT J. KRUPSKI, R., Vice-President 'W . t ��� I u � �. (616) '66-1892 JOHN M. BREDEMEYER, III Of JOHN L. BEDNOSKI, JR. '--:;9�� •�`O� HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O..Box 728 Southold, New York 11971 November 20 , 1989 West Lake Association 33 Richmond Blvd. Rockville Center, NY 11578 Subject: Extension of permit #418 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, Prest Board of Trustees FAK: jb CC: CAC TOWN OF SOUTHOLD BOARD OF SOUTHOLD IOWN TRUSTEES SOUTHOLD, NEW YORK WETLANDS PERMIT Thia Wetlands Permit No. ..418........... has been granted by the Town Trustees according to information furnished in Application No. ...'30........... filed by Applicant .,Land Use Compaq,y,..for West Lake Assoc. June 25: 19 87 A map of the prnnosed work will be kept on file in the Trustee Office under the application number given. To maintenance dredge a ' ' a Permit granted to do the following work .....................................................85.......s....60.......area............to.............. depth of .. at mlw: Resultant spoil (apBrox. 600„cu };d, pi„��n.d..N.il1..G72...trur ked to an upland site. ................................................................................................................................................................. Location of property on which work to be done ...Lake Drive at West Lake,. S9M%olcl ... .... ................................................................................................................................................................. ................................................................................................................................................................. Creek, Bay or Harbor fronting property ...West Lalce„Plf„of„f10 „N, , ,k„)},Zy.................................. ................................................................................................................................................................. Size of work: Length .........85' x ' e ...60 ar a ........................................................................................................ Width ............................................................................................................................. HeightAbove High Water ............................................................................................. DepthBelow Low Water ................................................................................................. Yards to be Excavated ........ 600 ctt:...Y.ds.:.................................................................... Yardsto be Filled ......................................................................................................... Manner in which material is to be removed or deposited .....Land based crane . ............................................................ ................................................................................................................................................................. Intended use of property Residential ................................................................................................................................................................. Conditions if any .....Proof,of contractors„liability„ipsu,t;anc, •,1S..Kgtfoes.tad.,attd..a............... ...... . . .... . . . . . . .. ... licensed survey showing the depths of water is taken prigs ty, the„ di;ed�ipK•,,,,, ..... . . . .. . ...... . . .... .................... Expiration Date , June 25. 1989 if work has not commenced hy,,,said...date;,,,,,,,,,,,,,,,,,,, ,. Nurnber of Inspections Required Z;Trustees are to be notified upon, completion„ot the, work. Inspection Fees ...$10.........00.......................................................................................................................... Liability Policies in the Amount of , , ...$100...........000............................................. ............................................. The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations here. under until such approval has been ohtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Trustees upon receipt by the Trustees of written notice from such other governmental or rnuiiicipal authorities of its refusal or_ disapproval. The applicant does by the acceptance of this permit, assume all responsibility for operations under- taken pursuant to this permit, and shall take all precautions for the prevention of 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 officers, agents and employees frorn any and all claims arising from operations under this permit and any and all acts or omissions of applicant, his agent and employees. The applicant and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and its otticers and employees to enter upon the premises where such operations are hemg confnicted ro make such inspections as the Town may deem necessary to insure that such operations are being con- pc This operation will not substantially: A. Adversely affect the wetlands of the town. B. Cause damage frorn erosion, turbidity or siltation. C. Cause saltwater intrusion into the fresh water resources of the town. 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-title damage. F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the to:vn. G. Change the course of any channel or the natural movement or flow of any waters. H. Weaken or undermine the lateral support of other lands in the vicinity. I. Otherwise adversely affect the health, safety and general welfare of the people of the town. Signed ....&.t.:5 re t,�c . /•• .:...a iA of I r-csifdent Board of Southold Town Trustees �>( Date... �.../..�.:�.. /............................. HENRY P. SMITH, President ..0 TELEPHONE JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD • .l (616) 765-1892 ELL JR EN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD "Town [fall, 53095 Main Road P.O. Box 728 Southold, New York 11971 June 19, 1987 Mr. Glenn Just The Land Use Company Route 25 A Box 2521 Wading River, New York 11792 Re: Dredging 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. COUNTY OF SUFFOLK MICHAEL A. LOGRANDE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PUBLIC WORKS A. BARTON CASS, P.E. ' COMMISSIONER 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: Dredging Projects - 1987 Dear Henry : I am in receipt of your request of June 1 , 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 ( 1 ) 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 . Upon 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 . Very t my yours , J hn R . Gu1di , P . E . S L . S . Principal Civil Engineer Division of Waterways For : A . Barton Cass , Commissioner ABC : JRG : ty YAPRANK AVENUE ■ YAPMANK.NEW YORK 11980 111 13161924-4300 •p HENRY P. SMITH, President u••,'!v :G TELEPHONE JOHN N1. BREDENIEYER, Vice-Pres. (616) 766-1692 PHILLIP J. GOUBEAUD k: ' Z ALBERT KRUPSKI, JR. y ELLEN M. LARSEN -"�� LYa i�b� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town 11all, 53095 DJain Road P.O. Box 728 Southold, New York 11971 June 1, 1987 Mr. John R. Guldi Principal Engineer Division of Waterways Department of Public Works Yaphand Avenue Yaphank, New York 11980 Re: Dredging Projects for 1987 Dear Mr. Guldl: The Southold Tc:.^.: Trusteea requert that Wunncwcta Pcnd, i Cutchcguc 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 all approved maintenance dredging projects. Should you have any questions or concerns, please do not hesitate to contact this office. Very truly yours, Henry P. Smith, President Board of Town Trustees ZIPS:ip cc: Frederick Bruce Dr. John Hansen Land UsR 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. :-e?a•ee z r �=Y I77c 54; • 516 924.3451 COUPITY OF SUFFOLK _ DEPARTMENT OF PUBLIC WORKS R. M. KAMMERER, P.E., L.S.,COMMISSIONER YAPNANK, NEW YOR:., 11080 13ARNEY A. EVANS, P.C., L.S. WILLIAM S. MATSUNAYE.JR, P.E., L.S. CHIEF DEPUTY COIAMIE510NCC CHIEF ENGINEER February 24, 1976 Mr. & Mrs. Joseph A. Barbato 411 4th Avenue East Northport, NY 11731 Re: Proposed dredging at Nest 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 Pond, 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, / y C. EISENSCHMIED, P.E. Principal Civil Engineer Division of Waterways CE:vg i' f r a Wand (UiF_ Coo► #any N. COUNTRY RD. • BOX 361 WADING RIVER. N.Y. 11792 (516) 919 3575 March 27 , 1987 Mr . Thomas Prokop 33 Richmond Blvd . Rockville Center , N. Y. 11570 Re : Proposed Dredging Project West Lake Dear Mr . Prokop: As per discussions with Mr . 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 Environmental 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 amorint of $485 . 00 and we shall 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 . 1 Very Truly lours , r / Tanya L. Essper April 23, 1987 TO: West Lake Residents SUBJECT: Dredging of West Lake 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 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 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. Please -forward your share of the permit fees ASAP to Tom Prok�o. R71119 Gen re, New or 5 is s are is $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, lqg7 . 1 • West Lake Association 1000-090-1.-1 Nancy Elflein 115 Taft Crescent Centerport , N. Y. 11721 �1 1000-090-1-2 Frank Campanelli 31 Pond Path Lake Grove, N.Y. 11755 1000-090-1-3 Philip Gior ana 338 Avenue 0 Brooklyn, N.Y. 11230 1000-090-1-4 William Riley 164 Brittle Lane Hicksville, N.Y. 11801 1000-090-1-5 Gerard Lang P.O. Box 183 . Peconic, N.Y. 11958 1000-090-1-12 Edward Brennan 2493 Harrison Avenue Baldwin, N. Y. 11510 1000-090-1-13 Joseph Zevits 2470 Rossett Street Fort Lee,- N.J. 07024 1000-090-1-14 Stanley Rogalski 33 Willis Avenue Syosset 1` v tt7a1 1000-090-1-15 Peter Gunn 4 Roseland Court New York , N. Y . 10956 1000-090-1-16 Thomas Prokop 33 richmond Blvd . Rockville Centre, N.Y. 11570 1000-090-1-17 Robert Hollis 142 Tahlulah Lane West Is�li N.Y. 11795 1000-090-1-19 Dolores Holman 114-20 Queens Blvd . Forest Hills, N. Y. 11375 1000-090-1-20 Joseph Barbato 411 4th Avenue East Northport , N. Y. 11731 1000-090-1-21 VAichael Costello c/o Gen. Del . West Lake Dr. Southold, N.Y. 11971 1000-090-1-22 Sohn hollis 53 Briarcliff Drive 1000-090-1-23 North Merrick, N.Y. 11566 John Hollis 53 Briarcliff Drive 1000-090-1-24 North Merrick, N.Y. 11566 Herbert Greenfield 124 East 85th Street 1000-090-1-25 New york, N. Y. 10028 John Brugnoli P.O.Box 1975 , hempstead Turnp 1000-090-2-1 east Meadow, N. Y. 11554 Sim Moy nn M„l .`r ;. y . tis al] 1000-090-2-2 New York, N. Y. 10013 Dai Moy 88 Mulberry Street New York, N.Y. 10013 CATHERINE & JOSEPH BARBAIO 411 FOURTH AVENUE EASTNORTHPORT, NEW YORK 11731 (516) 266-3527 April 23, 1990 025 ,990 Mr. John M. Bredemeyer III President of the Board of Trustee j[•,•' .� - 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 our 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 given on the same permit. In 1989, a request for a two year extension was denied ; instead a one year extension was granted that expired on March 2, 1990. Since no public hearing is required to review and deliberate the March 20, 1990 request for another extension, we respectfully ask that the homeowners ( list enclosed) , whose names were used to obtain the original permit, be notified of all future actions and decisions. Very truly yours, " ate rine & Joseph Barbato Enclos_ire ,F TRUSTEES - , SCOTT L. HARRIS Supervisor John M. Bredemeyer, 111, President Henry P. Smith, Vice President �/y ' �� Town Hall, 53095 Main Road Albert J. Krupski, Jr. �[ `r'• John L. Bednoski, Jr. P.O. Box 1179 Southold, New York 11971 John B. Tuthill BOARD OF TOWN TRUSTEES Fax (516) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD 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 extension, 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 WP.St Lake Association 1000-090-L-1 Nancy Elflein 115 Taft Crescent Ce_nterport, N.Y. 11721 1000-090-1-2 Frank Campanelli 31 Pond Path Lake Grove, N*Y. 11755 1000-090-1-3 Philip Gior ana 338 Avenue 0 Brooklyn, N.Y. 11230 1000-090-1-4 William Riley 164 Brittle Lane Hicksville, N.Y. 11801 1000-090-1-5 Gerard Lang P.O. Box 183 Peconic, N.Y. 11958 1000-090-1-12 Edward Brennan 2493 Harrison Avenue Baldwin, N.Y. 11510 1000-090-1-13 Joseph Zevits 2470 Rossett Street Fort Leei N.J. 07024 1000-090-1-14 Stanley Rogalski 33 Willis Avenue Svnce,�1• 1000-090-1-15 Peter Gunn 4 Roseland Court Ntw York, N.Y. 10956 1000-090-1-16 Thomas Prokop 33 richmond Blvd. Rockvil o - n _rP, N.Y. 11570 1000-090-1-17 Robert Hollis 142 Tahlulah Lane West Islip, N.Y. 11795 1000-090-1-19 Dolores Holman 114-20 Queens Blvd. Forest Hills , N.Y. 11375 1000-090-1-20 Joseph .Barbato 411 4th Avenue East Northport , N.Y. 11731 1000-090-1-21 Wlichael Costello c/o Gen. Del . West Lake Dr. Southold, N.Y. 11971 10007090-1-22 J-ohn Hollis 53 Briarcliff Drive North Merrick, N.Y. 11566 1000-090-1-23 John Hollis 53 Briarcliff Drive North Merrick, N.Y. 11566 1000-090-1-24 Herbert Greenfield 124 East 85th Street New york, N.Y. 10028 1000-090-1-25 ` JohnlBrugnoli - P.O-Box 1975, hempstead Turnpike east Meadow, N.Y. 11554 1000-090-2-1 Sim Moy 88 Mulberry Street New York, N.Y. 10013 1000-090-2-2 y✓ Dai Moy 88 Mulberry Street • / New York, N.Y. 10013 �(f S�tFQLI;C HARVEY A. ARNOFF SCOTT L. HARRIS Supervisor Town Attorney . . "ym MATCFIEW G KIERNAN �; Town Hall, 53095 Main Road Assistant Town Attorney ��� P.O. Box 1179 It,- _ Southold, New York 11971 �l Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD FAX COVER SHEET TO: C ac :rlL c To4.n 1cw�a4S� FROM: �44 e DATE: Pages to follow: Additional Comments: IF ALL PAGES ARE NOT RECEIVED, PLEASE CALL SOUTHOLD TOWN HALL at (516) 765-WNW- HARVEY A. ARNOFF r G� SCOTT L. HARRIS Town Attorney = E• 'c Supervisor MATiHEW G. KIERNAN Town Hall, 53095 Main Road Assistant Town Attorney y�y� �Q� P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-I800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD September 26, 1990 `�� f j -;- � Joseph E Catherine Barbato 26No 411 Fourth Avenue 1 East Northport, NY 11731 TOWN OF SOUTHOLD L Re: Wetland Permit #418 - Non-existent West Lake Association Dear Mr. 8 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. WV ry truly yours, Matthew G. Kiernan Assistant Town Attorney MGK:mis cc: Supervisor, Scott L. Harris John M. Bredemeyer, President, Board of Trustees SUFFO • = 0 OG1 c TRUSTEES C#3 2 SCOTT L. HARRIS Supervisor John M. Bredemeyer, III, President Henry P. Smith, Vice President `��l ��� Albert J. Krupski, Jr. S Town Hall, Box Main Road P.O. Box 1179 John L. Bednoski, Jr. John B. Tuthill Southold, New York 11971 BOARD OF TOWN TRUSTEES Fax (516) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765-1800 TO: Matthew G. Kiernan, Ass ' t. Town Attorn4y FROM: John M. Bredemeyer, III, President RE: 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 x� COUNCILMEN .•d+ 5� Town Hall, 53095 Main Road Raymond W. Edwards L�`Lry P.O. Box 1179 George L. Penny IV Southold, New York 11971 Ruth D. Oliva COUNCILMEN FAX(516) 765 - 1823 Ellen M. Larsen H. Thomas H. Wickham TOWN OF SOUTHOLD TELEPHONE (516) 765 - 1891 TO: Matt Kiernan, Asst. Town Attorney Jay Bredemeyer, President of Trustees ,, DATE: 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 7� 1) Councilman O �1 2 THW:cbccs: Scott Harris, Supervisor TOWN OF SOU Ellen Latson, Councilwoman �9��SUfFO[,y o TRUSTEES rC=ia Z SCOTT L. HARR►S John M. Bredemeyer. Ill. President R O f Supervisor Henry P. Smith, Vice President _ Albert J. Krupski, Jr. `��� YY Town Hall, 53095 Main Road y P.O. Box 1179 John L. Bi, Jr. Southold, New York 11971 John B.. Tuthill BOARD OF TOWN TRUSTEES Fax (516) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 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 yourAssociation 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. /nQC�j t The Board has scheduled a meet ng with Mr. & Mrs. Barbato at our Thursday, October 25, 1990 at which time 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, 1990Jthe Board may schedule a vote in this matter at our November 15 , 1990 regular meeting. S' cerely, John M. Bredemeyer, III President, Board of Trustees JMB: jmt CC: Town Attorney Mr. & Mrs. Barbatc l%/qc CL llc�l MCS Art d Se s� �< r y +o +i e ASSec. d Qcra . 1e 1 {er to t e, . Joseph and Catherine Barbato 411 Fourth Avenue East Northport, New York. 11731 October 25, 1990 Mr. John M. Bredemeyer III President of the Beard of Trustees Town of Southold 53095 Main Road Southold, New York 11971 Dear Mr. Bredemeyer: We are personally appearing before the Southold Board of Trustees this day of October 25, 1990 and leaving this letter and documents to support our dilemma that is preventing us Ito properly protect our bayfront property from severe erosion and storm damage. Although we have seek.ed lawful permits, we have confronted problems and frustration while ether- area resident illegally do whatever they desire without any consequences. It is beyond our control that our property happens to be located at a strategic and vulnerable location that is directly affected by such accepted illegal work.. The community may not be aware of how we are affected, they may not care or they are so intent in gaining their special interests illegally that we are victimized as the "criminals" for following the law. Our previous correspondence covers the detail. We will try not to be repetitious, but we wish to categorize, compare and substantiate our complaint : : 1. (Enclosure #1 ) Letter rescinding a Draft Environmental Impact Statement that the Town requested to build our jetty. The laws have become more stringent in the interim; we question why no Draft Environmental Impact Statement was asked or required for the misrepresented West Lake dredging in 1987 to remove GOO cubic yards of sand. c. With regards to the dredged sand, someone locally concluded that it was incompatible to spread along the whgjq_.,shgrQQe and subsequently was wastefully stock piled aIc�ng� tfienewSy constructed farm road (enclosure #G - pictures) instead of carted to the Southold Town Landfill as provided by the DEC permit ! All taxpayers were defrauded and are still paying to this day as per publication of the Bond Resolution adapted on September 25, 1990 authorizing the purchase of sand for use at the Town Landfill. We were personally and directly affected a by paying Y550 (enclosure #3) to put sand alar�g,.,sh�Orelire as was required of us to obtain the ACE permit M Build -o1_ir jetty. Our erosion still exists and we wonder what the Town reaction would be if the area homeowners requested that E6i) cubic yards be taken from the Town Landfill and put along the why ale shy Orel ine as proposed by CZM or to recoup the wasted sand in �1=�efarm and cart it to the landfill. 3. Our original application was to extend our jetty to 58' and build another of the same length. Why were we denied a permit and sent a Suspension of Consistency Review (enclosure #4) from New York. State Department of State dated June 30, 19Bo, informing us that "groins necessarily cause damage to property located down beach or downdraft of the structure, etc. . . " (note highlight on the letter) . We question the 76' jetty to the west of us that mysteriously appeared in the water. Both Mr. Tom Hart of the State Department of Coastal Zone Management (CZM) and Commissioner Thomas C. Jorling of DEC allege the violation of no permit. CZM stated that measures would be taken to remove it, but no action was taken. Our bulkhead is still being undermined and ice damaged our new ,jetty and the oldest existing .jetty to the east of us (enclosure #5 - pictures) . 4. The dredging for West Lake was done in 1987 and we innocently, unknowingly and unwillingly became implicated when our name appeared on the list of 21 homeowners representing the non-existant "West Lake Association" . The list was used to illegally obtain all regulatory permits including the Town, DEC and the final maintenence ten year permit from ACE in 1988. In 1989, a meeting, which we attended was called t-- establish an association, but we refused membership (en616-sure #6) . A Certificate of Incorporation was filed with the New York. State Department of State on August 29, 1989 (enclosure #7 - 2 pages) and in July of 1990, the corporation mailed a $425 mad assessment eer__homeowner,, whether a member or non--member, then personally appeared at all homowners doors for collection. Although this Board may see it as a matter between neighbors and suggest that we try to work together, we see it entirely different . First, we believe a community association should sincerely give consideration to the best interest of every homeowner to achieve unity and harmoniously be successful in ids endeavors. It should consult everyone for input and consensus before anything is done and no one should be dictated by one or a few- idividuals, who illegally seek their own desires and needs, with the expectation and assumption that all listed area homeowners should agree and pay We are not the only homeowners that disagree. Perhaps, if we were not personally and consequently affected in such an adverse manner, we would probably be like the others and let this go undetected. Secondly, we have the wisdom not to approach anyone and accuse them of unlawful wrong doings that are revealed to us by public officials during our two year hassle to obtain a legal permit. It is the responsibility of our governing officials, who have the authority and the power to uphold and enforce the environmental laws that, from our experience, contractors deliberately encourage to be broken. If the laws are not enforced, we should not have them; nor should government authorities discriminate and punish these who choose to abide by the laws and protect those who choose to abuse them, as such is our case. Our objective is to justifiably seek our legal rights to protect our property from further erosion and storm damage. The CZM and DEC confirm that our problem is caused by the illegal work surrounding us. We request that the decision making local authorities, who have the physical facts readily available, mediate the matter to conclude it in a satisfactorily manner and permit us to find pursuit of happiness and enjoy our home. We take pride in living in Southold and refuse to be harassed and provoked by a small group of special interest people who seek self gratification and control, unmindful that their illegal and aggressive actions subsequently affect the environment and all taxpayers to pay the consequences. We sincerely thank you and appreciate your help to resolve these illegal infraction that significantly affect the environment and our property. Truly yours, i ?seph nd Catherine Barbato ��SUFFO(,�co o�O Gyp TRUSTEES W t? SCOTT L. HARRIS John M. Bredemeyer, III, President ��, Supervisor Henry P. Smith, Vice President Albert J. Krupski, Jr. Town Hall, 53095 Main Road John L. Bednoski, Jr. P.O. Box 1179 John B. Tuthill Southold, New York 11971 BOARD OF TOWN TRUSTEES Fax (516) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD 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, *John ,,_M. Bredemeyer, III President, Board of Trustees JMB:jmt cc: Bay Constables Town Attorney Robert L. Hollis Joseph and Catherine Barbato 411 Fourth Avenue East Northport, New York. 11731 October 28, 1990 OCT 3 11990 Mr. Mathew Kiernan TG�•'c,< 1.:r ��.:'- D Town Attorney Town of Southold 53095 Main Read Southold, New York. 11971 Dear Mr. Kiernan: To keep you abreast of the meeting, that you were unable to attend as planned, please find enclosed a copy of the letter (enclosure #1 ) tnat was left behind. The vice president of the West Lake Association faxed a letter to the Board of Trustees on the same day of the meeting to which I briefly responded. However, upon studying it, permit roe to refute the contents further: 1 . In the correspondence, please refer to the letter dated March 27, 1987 letter From The Land Use Company instructing the addressee to "kindly check off on the enclosed list the neighbors whose names shall be included on the various permits, etc. . . and we shall start the application process immediately". The list was never checked. 2. It was a known fact in the area, that the previous owner of the same residence purchased by addressee of above #1 item had personally extended the invitation (enclosure #2) for an information meeting regarding the dredging of West Lake. There was no community response. Kindly compare the format of the former owner' s invitation and the letter sent on April 23, 1987 by the addressee (enclosure #Q . Hence, the explanation of the submitted list with the application and why the work was done without the community knowledge and without permits. 3. Past practice for read repair was always informal as evidenced by notification to residence before work ever started as per signed list appearing in correspobdencee 4. By own admission the Barbatos, also others, chose not to to members, why the road assessment and personal call for collection? The same people who informally misrepresented themselves in 1987, mostly new homeowners, comprise the formalized membership of 1989 with the purpose to hypocritically establish gored citizenship in the community. `i. The permit was withdrawn because of the funding constraints. Please be advised that we have solely had many financial catastrophes in our effort to protect our property from the consequences of the illegal work surrounding us in this community, that the Board stated has the most violations in the Township. Maintenance permit #13001 was issued on the basis of the submitted misrepresented list before the Association was certified. If the Association wishes to proceed, they should legally abide by the present laws and the maintenance permit be voided. West Lake is a natural habitat; to all kinds of shellfish and wildlife to numerous to name. With passing years the productivity of its natural resources are diminishing. People freely chose to purchase in the area fully aware of the condition. We should not sacrifice our natural resources and environment for their whirrs. Thank you kindly and please keep us informed. Truly yours, Joseph and Catherine Barbato Enclosures (5) . J A N - 1 0 - $ `3 U : I 7 14 D E P t S Y N P . on DEPARTMENT OR THE 0141L NEW YORK DISTRICT. CORPSFEDER Of ENGINEER• JACOS K. JAVITs fEDERAI lUILDINO NEW YORK. N.Y. 1027•-0000 10 NOY 1988 1tM11W,� Operations Division Regulatory Branch SUBJECT: Department of the Army Permit No. 15001 West Lake Association 33 Richmond Blvd Rockville Center, New York 11570 Dear Sirs: Enclosed is a Department of the Army permit for your work. Please display the enclosed Notice of Authorisation 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 discuss modification of your permit . Any changes must be approved before they are undertaken. Sincerely, Enclosure O H S DE f, Rego or y Branch f i i� I V J AN 10 - eIR UE: 1 T : 1 4 DEP + SYN P . 06 DEPARTMENT OF THE ARMY PERMIT Permittee West Lake Association, 33 Richmond Blvd,. Rockvi le Center NY 11570 (516) 825-7358 Permit No. 15001 teauingoffice New York District Corps of Engineers (Public Notice No. 13328-87-0614-L2) NOTE: The term "you" and Its derivatives, as used In this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers 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 terns and conditions specified below. Project Description: To complete dire with ten years maintenance, and-to a depth of 4 feet below mean low water, approximately 600 cubic yards of material from a canal connecting Nest Lake to Hog Neck Bay. All dredged.material from Initial and subsequent dredging operations will be d1sposed.9f at an upland location where it All be suitably contained from re-entering the waterway. Project Location: IN: Nest Lake, Hoe Neck Bay, Little Peconic Bay AT: Cedar Beach, Southold Town, Suffolk County, Neil York Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on October 24• 199E . If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date Is reached, 2. You must maintain the activity authorized by this permit In good condition and in conformance with the terms and condi- dons of this permit. You are not relieved of this requirement If you abandon the permitted activity, although you may make a good faith transfer to a third party In compliance with General Condition 4 blow, Should you wish to Besse to maintain the authorized activity or should you desire to abandon It without a good faith transfer, you must obtain a modification of this permit from this office,which may require restoration of the area. S. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must Immediately notify this office of what you have found. We will Initiate the Federal and state coordina- tion required to determine If the remains warrant a recovery effort or if the site Is eligible for listing In the National Register of Historic Pieces. ENO FORM 1721•Nov BB EDITION OF BEF,92 IB OBSOLETE. (33 CFR 320-330) 1145b (Little Peconic Say - Nest Lake Assoc,. - Dredge with ten years maintenance and upland disposal). 1 JAN — 1 0 - 69 :UE�1 T : 1 2 DEPtSYN - P - 03 N 95-E0b(9I66)•-2Se NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER EFFECTIVE DATE 10-87-0814 7/7/87 FACILITYIPROCRAM NUMBER(s) PERMIT EXPIRATION DATE(i) Under the Environmental Conservation Law N/A 3/15/92 Artic328,1329:Aquatic Pest c des 27, I Water Qualliity Certification N © dal Wetlands N Article 15, Tle ArticleE0 Protection of ltWaer N SPDES 17, Titles 7, 8: Solid WasArticle te IManagement" 380. Article Watery Supply it le 15: AirlPolluttiion Control• Hazardous Waste Management3 Article Waterr Transport 15 Mined Land Title: Article 23, Article Rec amation Coas a 3Erosion Management �1 Article 15, Title 15: Article 24: Article 36: l—J Long Island Wells Freshwater Wetlands Floodplaln Management Article 15, Title 27: N—New, R—Renewal, M—Modiflcatlon, Articles 1, 3, 17, 19, 27, 37; Wlid, Scenic and Recreational C—Construct (*only), O—Operate ('only) 6NYCRR 380: Radiation Control Rivers PERMIT ISSUED TO West Lake Assoc, ADDRESS OF PERMITTEE 33 Richmond Blvd„ Rockville Centre, NY 11578 AGENT FOR PERMITTEEICONTACT PERSON TELEPHONE NUMBER Land Use Co„ North Country Rd„ P,O, Box 361, Wading River, NY 117 2 NAME AND ADDRESS OF PROJECTIFACILITY of different from Petmittee) West Lake off Hog Neck Bay LOCATION OF PROIECTIFACILITY COUNTY TOWNIQINXI)MM UTM COORDINATES Southold _ Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIVITY Maintenance dredge 85'x60' area to 4' below mean low water 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 my acceptance of this permit,the perm)ttee agrees that the permit is contingent upon sirid compli- ance with the EC►,all applicable regulations and the conditions specified herein or attached hereto. 1. The permittee shall file In the office of the appropriate regional permit administrator,or other office designated In the special conditIons.A notice of Intention recommence work at least 46 hourt In advance of the time of commencement and shall afw notify hlmJher promptly In writing of the completion of the work. 2. The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if she public Interest so requires pursuant to ECt g71.0301 and SAPA E401(31. 3. The permitter has accepted expressly.by the execution of the applicatlork the full legal responsibility forall damages,directa1ndlred.61'whatever nature,andbYwhomover wHered,arlsing out of the project described herein and has aareed to Indemnify and is"hamlets the State from suet actions,damages and MU of every name and dersertp• non"Suiting from the said projecL 4. The Department reserves the right to modify,suspend At revoke this permit at any time after due notice,and, R request"hold a hearing when: a) the scope of the project Is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulation;am lound;a b) the permit was obtained by misrepresentation or failure to disclose relevant facts;of c) newly discovered Information a significant physical changes are discovered since the permit was Issued. S. The permittee It responsible for keepIna the permit active by submitting a renewal application,including any forms,fees or supplemental infofmatksn which maybe required by the Department,no later than 30 days(180 days for SPDES or Solid or Hazarduous Waste Management permits)prior to the expiration date. 6 This permit shall not be construed as conveying to the applicant any right to trespass upon the fends or Interfere with the riparian rights of others in order to perform the permitted work or as authorizing the Impairment of any rights,title or Interest In real or personal property held or vested In a person not a parry to the permit. T. The permittee Is responsible for obtaining any other permits,approvals,lands,easements and rightsaf-way which may be moulred for this project. A. Issuance of this permit by the Department does not.unless expressly provided for,modify,superseder or rescind an order on consent or determination by the Commissioner Issued heretofore by the Department or any of the terms,conditions,or requirements contained In such order or determination. 9. Any modification of this permit&ro%,%t,9!CM2Zy1,be In writing and attached hereto. P T I ANCE DATE D I D RESS `�// �' re , e ar bi�dg. 40 SUNY Rm, 219 Stony Brook, NY 117 4 AUTHORIZED SIGNATURE _� Pa se 1 of —A— cc: C.T. Hamilton J A N — 1 0 — 9 9 Y UE 1 7 : i G D E P + S Y N P . 0 7 Applicant proposes to maintenance dredge an. 851x 60' area to a depth of 4 ' at MLW. Resultant spoil (approx. 600 cy of sand) G wt shall be trucked to an upland disposal site. FDAq nl Purpose: Maintenance dredging ° T Datum: Mean Sea � evel Lbcus: 72°241/41 02 , Applicant: West Lake Association LCG15 ' April 27, Cedar 3. Project location West ake8a�Ce3(llar Beach Hog Neck ��� Park at Southold, Town of Southold, County of Suffolk, New York. .(Note enclosure for list of property owners) SuGFLRK GouNT�( 1{gGs��� SECTION VIEW. n+AP as sa c LC I.•_ 3� SCALE i:Ia , 5 10 Soo A . CtiS s� 130(� arm A AREA TO BE Aiz� D�' 2' TO 9�AT aM?LEW,f a !'PEST LAY, �-- - E DRIVE _ ! 60 4� 4 EXISTING I:EADy XISTIN_ 13 Ff=A MFfW—MLW '`'hlHW-AILW SCALL7=10601 HOG NECK BAY o 60 SHEET J OF 2 dM.0. CONSULTING--W NW, P1%/F0 AIV g�F�O(,YC HENRY P. SMITH, PresidentC JOHN M. BREDEMEYER, Vice-Pies. TELEPHONE(516) 765-1692 PHILLIP J. GOUBEAUD �, r ELL JR EN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 Date: April 29, 1987 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. Px!operty is located "X�n^ T.�a'ke Drive at West Lake, Southold. /L (� . Henry P. Smith, President Board of Town Trustees Posted: April 29, 1987 oo�U�f�(,�COGy HENRY P. SMITH, President _,• TELEPHONE JOHN M. BREDEMEYER, Vice-Pres. o i' (516) 765.1892 PHILLIP J. GOUBEAUD �f S ALBERT KRUPSKI, JR. O p�- ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 April 29, 1987 Mr. Martin Garrell, Chairman Southold Town Conservation Advisory Council Southold Town Hall Southold, New York 11971 Dear Mr. Garrell: Transmitted herewith is application no. 530 for a wetland permit submitted by The Land Use Company on behalf of [lest 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 Trustees Ilene Pfifferling Secretary to Board Attachment • �S�FFOLl��� y, HENRY P. SMITH, President TELEPHONE JOHN M. BREDEMEYER, Vice-Pres. TZj (516) 765-1892 PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York l 1971 April 30, 1987 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 Mr. 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.C. , Albany Southold Town Building Dept. y 1 STATE OF NEW YORK DEPARTMENT OF STATE ALBANY. N.Y. 1 223 1-0001 GAIL S.SHAFFER SECRETARY OF STATE Julie 28, 1908 Mr. Glen E. Just The Land Use Comoany P.O. Box 361 North Country Road Wading River, NY 11792 Re: F-87-293 U.S. Army Corps of Engineers/New York District Permit Application 087-0614-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 States 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. 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/NY District - Leesa Beal Town of .:outhold Trustees - Henry Smith HYS DEC/Region I - Robert Greene D. Public Notice US Army Corps �(o ;1 of Er ghmseA _ .. .- -_.� In replying refer to: New York District - 26 Federal Plaza Public Notice No. 13328-87-0614-L2 New York. N.Y, tone Published: May 11 , 198&pires: June 10 1986 ATTN'REGUUTORY BRANCH Y + To Whom It May Concern: This District has received an application for a Department of the Army permit pursuant to /X7 Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403); L7 Section 404 of the Clean Water Act (33 U.S.C. 1344). °PLICANT: West Lake Association 33 Richmond Boulevard Rockville, New York 11578 ACTIVITY: Bulkhead, fill and dredge with 10 years maintenance WATERWAY: West Lake, Hog Neck Bay, Little Peconic Bay LOCATION: 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. All 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 , navigation , shoreline erosion 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 PERMIT 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 to the activity. Any person may request, in writing to the district engineer , before this public notic expires, that a public hearing be held to colleSt information necessary to consider this application. Requests for public hearings shall state, with particularity, the reasons why a public hearing should be held. It should be noted that information 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. NA.IJY FL-129 May 9 3 Regulatory Branch Public Notice No. 13328-87-0614-L2 Pursuant to Section 7 of the Endangered Species Act ( 1, U.S.C. 1531) and based upon a review of the latest published version of .ne threatened and endangered species listing, a preliminary determination is that the activity under consideration will not affect those species listed or their critical habitat. Based upon a review of the latest published version of the National Register of Historic Places , there are no known sates eligible for or included in the Register within the permit area. Presently unknown archeological, scientific, prehistorical or historical data may be :lost Sv work accomplished under the required permit. Reviews of activities pursuant to Section 404 of the Clean Water Act will include application of the guidelines promulgated by the Administz-aL<;r , U.S. Environmental Protection Agency, under authority of Section 404( b It the Clean Water Act and the applicant will obta. a a water quai it'% certificate or waiver from the appropriate state agency in accordance ..: r!: Section 401 of the Clean Water Act prior to a permit decision. Pursuant to Section 307(c) of the Coastal Zone Management Act :)t 19 : : amended (16 U.S.C. 1456(c)„ for activities under constderdtii,n +.r;a,. -, located Within the coastal. zone of a state which has a federal'. , app LLIVI,i coastal zone management program, the applicant has certified in the pe:mil application that the activity �'.umplfev with and will be conducted 11; manner that is consistent with the approved state coastal none managemenr program. By this pablic notice , we are requesting the state's roncurrer,re with, objection to, or waiver of the applicant's certification. No permli decision will be made until one of these actions occur. For activit : e- within the coastal zone of New York State, the applicant 's cerrifi.cai and accompanying information is available from, and any comments o,i, shoul.' be addressed to the New York State Department of State , Division - -� a : Government and Community Services , Coastal Management Program , Washington Avenue, Albany, New York 12231 Telephone (518'^ 174-5063. In addition to any required water quality certificate and coastal duf- management program concurrence, the applicant haj obtained or- requested :'I- following governmental authorizations for the activity under cunsiderat : — A Tidal Wetlands Permit from New York State Department of Environmental Protection A Permit from Southold Township It is requested that you communicate the foregoing information concern u,q the activity to any persons known by you to be interested and whu .tic a receive a copy of this notice. If you have any questions concerning this application, you may contact this office at t - ,:ph )nc (212) 264- 3912and ..sk for Mr. Steven R. Mars. 2 Incls: Marion L. Caldwell , Jr. 1. Description of Work Colonel, Corps of Engineers 2. Drawing(s) District Engineer t MANY FL-1-��--1 May 3 3 r Applicant proposes to maintenance dredge an. 85 'x 60' area to a depth of 4 ' at MLW. U Resultant spoil(approx. boo cy of sand) FAA N shall be trucked to an upland disposal site, Purpose: Maintenance dredging Datum: Mean Sea Level ' Locus: 720241/41a 02 ' SOU�S Cru,r 3r Applicant: West Lake Association April 27, 1987,G/d0/8--1gh&b:7-i i318�,Qhlle6 -191f��3e H Nea. ace Project location West Lake at Cedar Beach SrJgf �` L Park at Southold, Town of Southold, ilkr County of Suffolk, New York. JLoi'6I Lai, 7N I°aw, ,(Note enclosure for list of property owners ) _ / / SuFFTx �c CouNt-( Ng6S�2om SECTION, VIEW�- �V / m AP e13 sc,aLE ( _ — SCALE 1 dO' O )5 -10 0 -S—S A4( AA i A �OpPO`f� sz Fool _— BULKHEAD To LE CONSTRLUED ANr> jWY:r_IuFy� PA&&,eb MArF4i/1 t_ `Z 13v _66AAom A- AREA TO BE DRED(-l-D - A� F 6D F 2 TO 9 AT ,NLW n I 2 Vx WEST LAKE DRIVE -TO ae 91gW D — -ro ,l Co A.3o✓E A41VW O 4• 1 4� �6 EXISTING KI'EAD-;z( o-°- MHW'-MLW ISTIN BU KH-Al2 1Z _ SCALE-i 60 MHW-hILW T HOG NECK 13AY 0�60 SHEET 7 OF 2 . WO. CONSULTING-WADING RIVER, N.Y. CENANOP-RE APPLICATION NO. 87-0614-L2 PUBLIC NOTICE NO. 13328-87-0614-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 Hog Neck Bay in Little Peconic Bay at Cedar Beach, Southold, Suffolk County, New York. The proposal includes tha reconstruction, in-kind and to an elevation of four feet above mean low 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. � . . • SCAL�_' � s�(, SECTION --VIEW VrEW 8- k o 2 � rsu AREA. TO E_FILLED 3 �88 6X6' WALER 4� TO BE ADD® TO Fi'ETAIN SPGL E.x ING ' 3� 12'SHEETh11NG 10 x 2r�PI1 F ;r TIE TO_ DEADMEN L /-� �v�t0✓V1 ^ /,O AisriNb— 3sMmi SHEET) OF aLi J.M.O. CONSULT ING—WA DING RIVER, N.Y. '- I • CO Oi. TELEPHONE (516) 765.1892 BOARD OF TOR'N'' TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Blain Road P.O. Box 728 Southold, New York 11971 APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK FOR THE ISSUANCE OF A PERMIT PURSUANT TO THE LAWS , ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS , FLOOD PLAINS AND DRAINAGE AREAS OF THE TOWN OF SOUTHOLD, AND THE ISSUANCE OF PERMITS PURSUANT TO CPAPTER 82 OF THE CODES OF THE TOWN OF SOUTHOLD. APPLICATION NO.__o3<D DATE OF APPLICATION_AEril 27, 1987 �_ West IDENTITY OF APPLICANT t lake Association ( 516 ) -825-P NO_� ADDRESS OF- APPLICANT c/o 33 Richmond Blvd . , Rockville Center, E.L. 11570 TAX MAP NO. Please see attached listc_�� ( 516 ) -929-3575 AGENT Glenn E. Just of the Land Use CQmoanX _PHONE NO .__ PERMIT REQUESTED TO mainte_nence dredae , araa r., a -,Q.f at NILW. Resultant spoil ( approx. 600 c.y. of sand) shall be trucked to an upland disposal site . LOCATION OF PROPERTY FOR WHICH PERMIT WANTED_ Lake D -jy2 a wagr Lake, Southold HOME ADDRESS OF PERMIT APPLICANT IF DIFFERENT FROM AFORESAID LOCATION CREEK, BAY OR HARBOR FRONTING PROPERTY West lake off_of_Hoc Neck Ba,v _ SIZE OF PROPOSED WORK 851x 60 , LENGTH,____ 85 , WIDTH 60 , HEIGHT ABOVE HIGH WATER N/A DEPTH BELOW LOW WATER TO be dredged to 4 ' at MLW YARDS TO BE EXCAVATED_ 600 C. Y. _ Yf.RDS TO BE F I LLED___N A _ WIDTH OF CANAL , CREEK OR BAY FRONTING PROPERTY lbo , DEPTH AT LOW TIDE 11 AVERAGE RISE IN TIDE 21 DISTANCE TO THE NEAREST CHANNEL 35 FT. DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN THE AREA 0 FT. 1S THIS FOR PRIVATE OR BUSINESS USE? private AREA ZONING gp,jd,nhial MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED__________^_Y____ Land based crane INTENDED USE OF PROPERTY DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED ON THE PREMISE Appears to be previously dredged AND WHETHER ANY PRIOR LICENSE OR PERMITS HAVE BEEN ISSUED TO ERRECT STRUCTURES OR TO DREDGE OR DEPOSIT FILL ON SAID PREMISES AND WHETHER ANY PERMITS OR LICENSES WERE EVER SUSPENDED OR REVOKED BY A GOVERNMENTAL AGENCY Nnna Y.n m knnWl DESCRIBE FULLY THE REHABILITATION AND PROPOSED CONDITION OF THE PREMISES AFTER THE WORK 1S COMPLETED INCLUDE AN ADDITIONAL SURVEY OF THE PROJECT SITE IF NECESSARY___ NO rehabilitation Should be necessary__ WRITTEN CONSENT OF THE OWNER OF THE PROPERTY, IF NOT THE SAME AS THE APPLICANT. Enclosed ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED THAT WOULD PROHIBIT THIS PROJECT? No APPENDIX A EAF ENVIRONMENTAL ASSESSMENT - PART I Project Information NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire Data Sheet. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete PARTS 2 and 3. It Is expected that completion of the EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavaiable, so indicate and specify each instance. NAME OF PROJECT: NAME AND ADDRESS OF OWNER (If Different) ,Jest 1 r> �o I�JS� LOL6- I�sSoc�a�terl -*TVecc5c� SeE_ a-1lc c.( -� l iS-f-- ADDRESS AND NAME OF APPLICANT: treat Q} CAtiVA-21 _ S C,I F . c�k a s a c, �1� TM. . (Late p aae SLIMNESS PHONESCy (S�—R�u I V 4CK�iYlG-�itat-; (ZIP) n DESCRIPTION OF PROJECT* (Briefly describe type of project or action) lncp C. -}p '40LV\A6, a rc TCi 7 5ADi G-t^U r - 4t\4 ScA nA <.hCz\l klP ran LA-C) a rNA c6 ,Snn� (PLEASE COMPLETE EACH QUESTION - Indicate N.A. if not applicable) A. SITE DESCRIPTION (Physical setting of overall project, both developed and undeveloped areas) 1. General character of the land: Generally uniform slope Generally uneven and rolling or irregular 2. Present lend use: Urban Industrial _ , Commercial _, Suburban %- , Rural X , Forest _, Agriculture _, her � 3. Total acreage of Project area:C17-Lacres..-. Sj(CC&.�. Aoproximate acreage: Presently After Completion Presently After Completion Meadow or Brushland =acres nacres Hater Surface Area - acres _ acres Forested Forested =acres __acres Unvegetated (rock, earth or fill) _acres "_acres Agricultural - _acres - acres - _ - Roads, buildings lietland (Freshwater or and other paved Tidal Aq ner Articles r�s 100 S.- - surfaces i_acres acres ?a, 25 or F.L.L.) � SIWD acres -acres _ ST- Other (indicate tyne) _acres ,acres 4. ihat is nredominant soil type(sl on nrofect site? 5. a. Are there bPdrock outcropoinos on nrnJPct 'site? Yes h No 9/1/78 [. what is depth to bedrock? feet 6. Approximate percentage of proposed oroject site with slopes! 0-10% Irk".; 1n-15% _%; 15' or greaser _%. T. Is project contiguous to, or contain a buildinn or site listed on the National Register of Historic Places? 'Yes _11�_No 6. What is the depth to the water table? N4feet 9. Do hunting or fishing opportunities presently exist in the project area? Yes _No 10. Does project site contain any species of plant or animal life that is identified as threatened or endangered - ,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 formations - ,Yes �_Na. (Describe _ ) 12. Is the project site presently used by the community or neighborhood as an open space or recreation area Yes -NO. 13. Does the present site offer or include scenic views or vistas known to be important to the community? �4 Yes _No 14. Streams within or contiguous to project area: a. Name of stream and new of river to which it is tributary IAlP;..L LckP f=,u G 15. Lakes, ►onds, Wetland areas within or contigu us to project area: a. Now ; b. Size (in acres) 16. What is the dominant land use and zoning classification within a 1/4 mile radius of the project (e.g• single family residential, R-2) and the scale of development (e.g. 2 story). t. PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned by project sponsor 61J A acres. b. Project acreage developed: Kilo, acres initially; ` IA acres ultimately. c. Project acreage to remain undeveloped bt1 % . d. Length of project, in miles: r"ills_(if appropriate) e. If project is an expansion of existing, indicate percent of expansion proposed: building square foot- age pJ I IA, ; developed acreage , ) I A . f. Number of off-strut parking spaces existlnq —' proposed _ — g. Maximum vehicular trios generated per hour (upon completion of project) h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium �l NIA Initial . Ultimate I. If: Orientation ::eighborhood-City-Regional Estimated Emoloyment Counercial Industrial J. Total height of tallest proposed structure _AJLt1__ feet. -2- 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site - tons (� V V cubic yards. 3. Now many acres of veqetation (trees, shrubs, ground covers) will be removed from site -lala cres. 4. Will any mature forest (over 190 years old) or other locally-important vegetation be removed by this project? _Yes _iNo 5. Are there any plans for re-vegetation to replace that removed during construction? _Yes k No 6. If single phase project: Anticipated period of construction k months, (including demolition). 7. If multi-phased oroject: a. Total number of phases anticipated No. b. Anticipated date of commencement phase 1 month _year (including A �1 demolition) c. Approximate completion date final phase month wear. d. Is phase 1 financially dependent on subseouent phases? _Yes No 8. Will blasting occur during construction? _Yes K No 9. Number of jobs generated: during construction 3 after project is complete �. 10. Number of jobs eliminated by this project XL. 11. Will project require relocation of any projects or facilities? Yes -,—.e,No. If yes, explain: 12. a. Is surface or subsurface liquid waste disposal involved? _Yes -)!rNo. b. If yes, indicate type of waste (sewage, industrial, etc.) c. If surface disposal name of stream into which effluent will be discharged 13. Will surface area of existing lakes, ponds, streams, bays or other surface waterways be increased or decreased by proposal? _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? JC Yes _No - b. If yes, will an existing solid waste disoosal facility be used? X Yes __No c. If yes, give name: location -0 4-'a i-kS^ 5y`A�ko �- "1l d. hill any wastes not go into a sewage disposal system or into a sanitary landfill? _Yes e- No 16. Will project use herbicides or pesticides? _Yes K-No 17. Will project routinely produce odors (more than one hour ter day)? _Yes -Z-NO 18. Will project produce operating noise exceeding the local ambience noise levels? _Yes No 19. Will project result in an increase in energy use? _Yes _-<No. If yes, indicate type(s) 20. If water supply is from wells indicate pumping capacity IV lJ,% gals/minute. 21. Total anticipated water usage per day -r'JL q' day. 22. Zoning: a. What is dominant zoning classification of site? b. Current soecific zoning classification of site — c. Is oroposed use consistent with nresent zoning? d. If no, indicate desired zoning -3- 26. Approvals: a. Is any Federal permit required? XYes _No b. Does project involve State or Federal funding or financing? _ Yes �No c. Local and Regional approvals: Approval Required Submittal Approval (Yes, No) (Type) (Date) (Date) T uSae� City Tow Village BoardrtCU—Sl'eu a As City, n, Village Planning Board City, Town, Zoning Board ----— City, County Health Department Other local agencies Other regional agencies State Agencies Agencies Federal A encies O. INFOWTIONAL DETAILS 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 taken to mitigate or avoid them. PREPARER'S SIGNATURE: TITLE: REPRESENTING: DATE: -4- EAF ENVIRONMENTAL ASSESSMENT - PART II Project Impacts and Their Magnitude i General Information (Read Carefully) - In completing the form the reviewer should be guided by the question: Have my decisions and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. - Identifying that an effect will be potentially large (column 2) does not mean that it is also necessarily significant. Any large effect must be evaluated in PART 3 to determine significance. By identifying an e elf tiro column 2 simply asks that it be looked at further. - The Exalm�lle�s provided are to assist the reviewer by showing types of effects and wherever possible the threshold of magng 5� that would trigger a response in column 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 questions in PART 2. Answer Yes if there will be any effect. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a ouestion then check the appropriate 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. If Impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about the size of the Impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact or effect can be reduced by a change 1n the project to a less than large magnitude, place a Yes in column 3. A No response indicates that such a reduction is not possible. a SMALL TO POTENTIAL CAN IMPACT BE MODERATE LARGE REDUCED BY IMPACT IMPACT PROJECT CHANGE IMPACT ON LAND NO YES WILL THERE BE AN EFFECT AS A RESULT OF A PHYSICAL CHANGE TO 00 PP^JECT SITE? Examples that Would Apply to Column 2 _ 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 4 _ than 3 feet, ronstruction of paved oarkinq area for %'`'ll or more vehicles. _ _ Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. _ Construction that will continue for more than 1 year or involve ._ more than one nhase or stage. —' _ Excavation for mining purposes that would remove more than 1,000 _ tons of natural material (i.e. rock or soil) per year. -- Construction of any new sanitary landfill. �- -5- • !'ALL TO POTENTIAL CAN ViPACT BE 9ERATE LARGE REDUCED BY IMPACT IMPACT PROJECT CHANGE Construction in a designated floodway. Other impacts: YES -- -- 2. WILL THERE BE AN EFFECT TO ANY UNIQUE OR UNUSUAL LAND FORMS/Q(�1 FOUND ON THE SITE? (i.e. cliffs, dunes, geological forma- }fJ`J Dons, etc.) Specific land forms: IMPACT ON WATER Nn YES 3. WILL PROJECT AFFECT ANY WATER. BODY DESIGNATED AS ..........0 PROTECTED? (Under Articles 15. 24, 25 of the Envir- onmental Conservation Law, E.C.L.) Examples that Would Apply to Column 2 Dredging more than 100 cubic yards of material from channel of a protected stream. Construction In a designated freshwater or tidal wetland. Other impacts: 4. WILL PROJECT AFFECT ANY NON-PROTECTED EXISTING OR NEW NO YES BODY OF HATER? ............................................� Examples that Would Apply to Column 2 _ A 10% increase or decrease 1n the surface area of any body _ of water or more than a 10 acre Increase or decrease. Construction of a body of water that exceeds in acres of _ surface area. Other impacts: YES ' 5. WILL PROJECT AFFECT SURFACE. OR GROUNDWATER nIIALiTY? �?[ Examples that Would Apply to Column 2 QC Project will require a discharge permit. .� P roject requires use of a source of water that does not have approval to serve proposed project. Project requires water supply from wells with greeter then 45 gallons per minute pumping capacity. _ Construction or operation causing any Contamination of a public water supply system. Project will adversely affect groundwater. � _^ _ Liquid effluent will be conveyed off the site to .facilities which presently do not exist or have —� Inadequate capacity. Project requiring a facility that would use water in excess of 2n,000 gallons per day. Project will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast t0 natural conditions. -F. miALL TC POTENTIAL LAB IMPACT BE DERATE LARGE REDUCED CY i 1APIC' (••PACT PROJECT CHANGE Other Imodcts 6. aILL PROJECT ALTER DR4INA,F FL9'I, PATTEP7S OR SURFACE CUTER NO YES ; RUNOFF? ................................................... .( 0 � Examnle that ':ould Anply to Colurn 2 [CXyI Project would impede flood water flows. Project is likely to cause substantial erosion. Project is incompatible with existing drainage patterns. Other impacts: IMPACT 9N AIR �1.1.0�/YES 7. MILL PROJECT AFFECT AIR QUALITY?...........................may' / O Fxam les that Would Apply to Column2 Project will induce 1,000 or more vehicle trips in any given hour. Project will result in the incineration of more than 1 ton Pf refuse per hour. _ Project emission rate of all contaminants will exnned 5 _ lbs. per hour or a heat source Producing more than 10 million BTU's per hour. Other impacts: IMPACT ON PLANTS AND ANIMALS NO YES 8. WILL PROJECT AFFECT ANY THREATENED OR ENDANGERED SPECIES? O Examples that Would Apply to Column 2 Reduction of one or more species listed on the New York _ or Federal list, using the site, over or near site or found on the site. Removal of anv portion of a critical or significant wild- life h4bitat. Apnlicatinn of Pesticide or herbicide over more then twite a year other than for OmjrKYlturyl purposes. Other impacts: _ i 9. WILL PROJECT SUBSTMITIALLY AFFECT MON-THREATENED OR NO YES ENDANGERED SPECIES? ............................... O Examnle that Would Apply to Column 2 Project would substantially interfere with any resident or ryigratory fish or wildlife species. _ Project requires the removal of more than 11) acres of mature forest (over IOn years in ane) or other locally important vegetation. • I -7- • 1. 2. 3. "ALL TO nCTENTIAL CAN IMPACT BE DOERATE LAPCE REDUCED RY I"PACT rACT PROJECT EH.ANGE I"nACT 0: '.'IS:`AL RrSn:'RCE 17. C1AR THE pOF FCTTHE AFFECT YIEUK, "I STAS Il TUF .............1YSPAL '�� [HP.RACT ER 7F THE IIFI GHBORHOOD OR COw"""II Tv? Examnles that Would Apply to Column 2 An incompatible visual affect caused by the introduction of new materials. Colors and/or forns in contrast to the surrounding landscape. A project easily visible, not easily screened,that is obviously different from nthers around it. Project will result in the elimination or major screeninq of scenic views or vistas knovm to be important to the area. Other impacts: IMPACT ON HISTORIC RESOURCES 11. WILL PROJECT IP'PACT ANY SITE OR STRUCTURE OF HISTORIC, NO YES PRE-IIISTOPIC OR PALEONTOAICAL II'rOPTANCE? .................�'(O Examples that Would Apply to Colurn 2 IVVYXYYII _ Prelect occurina wholly or nartially within or continuous to any facility or site listed on the National Renister of historic places. Any impact to an archeological site or fossil bad located within the project site. Other impacts: IMPACT ON OPEN SPACE A RECREATION 12. WILL THE PROJECT AFFECT THE QUANTITY OR QUALITY OF EXISTING NO YF.S OR FUTURE OPEN SPACES OR RECREATIONAL OPPORTU'IITIES?...... O Examples that Would Apply to Column 2 The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community. Other impacts: IMPACT ON TRANSPORTATION 13. VILL THERE BE AN EFFECT TO EXISTING TRANSPORTATION NO/YES SYSTEMS? .. ............................................. flt�Xr(1 O Examples that would Annly to Column 2 Alteration of present patterns of movement of people and/or goods. Project will result in severe traffic problems. Other impacts: .q. SMALL TO POTENTIAL CAN IMPACT CE MODERATE LVGE REDUCED BY IMPACT I'1PACT PROJECT CHANGE IMPACT ON ENERGY 14. WILL PROJECT AFFECT THE COMMUNITIES SOURCES OF FUEL OR NO YES ENERGY SUPPLY? .. ......................................... S7O Examoles that Would Apply to Column 2 Project causing greater than 5% increase in any form of — energy used in municipality. _ Project requiring the creation or extension of an energy — transmission or supply system to serve more than 50 single or two family residences. Other impacts: — IMPACT ON NOISE 15. WILL THERE BE OBJECTIONABLE ODORS, NOISE, GLARE, VIBRATION NO YES or ELECTRICAL DISTURBANCE AS A RESULT OF THIS PROJECT? .. O Examples that Would Apply 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 produce operating noise exceedinn the — local ambient noise levels for noise outside of structures. Project will remove natural barriers that would act as a — noise screen. Other impacts: IMPACT ON HEALTH & HAZARDS NO YFS 16. ')ILL PROJECT AFFECT PUBLIC HEALTH AND SAFETY? .............�O Examples that Would Apply to Column 2 _ Project will cause a risk of explosion 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 enission. _ Project that will result in the burial of "hazardous wastes" — (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc. , includinn wastes that are solid, semi-solid, liquid or contain gases. ) _ Storage facilities for one million or more gallons of liquified natural gas or other liquids. Other impacts: _n_ dik • P TEH CAN IMPACT BE �NIUFERP TE LARGE REDUCED BY IMPACT IIIPACT PROJECT CHANGE IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OP NEIGHR:IR4000 17. WILL PROJECT AFFECT THE CHAPACTED nF THE EXISTINA N'<0 YES CO MMUNITY? O Example that Would Apply to Column 2 _ The population o` the City, Town or Village in which the project is located is likely to prow by more than 51 of resident human population. _ The municipal budgets for capital expenditures or opera- ting services will increase by more than 51 per year as a result of this project. , Will involve any permanent facility of a non-agricultural ` use in an agricultural district or remove nrime agricultural lands from cultivation. _ The project will replace or eliminate existing facilities, structures or areas of historic importance to the community. _ Development will induce an influx of a particular age group with special needs. Project will set an important precedent for future projects. Project will relocate 15 or more emnioyees in one or more businesses. Other impacts: .40 ES 18. 1S THERE PUBLIC CONTROVERSY CONCERNING THE PROJECT? ....... Examples that Would Apply to Column 2 O Either government or citizens of adjacent communities _ have expressed opposition or rejected the project or have �— not been contacted. Objections to the nroject from within the community. IF ANY ACTION 1N PART 2 IS IDENTIFIED AS A POTENTIAL LARGE IMPACT OR IF YOU CANNOT DETERMINE THE MAGNITUDE OF IMPACT, PROCEED TO PART 3. PORTIONS OF EAF COMPLETED FOR THIS PROJECT: DETERMINATION PART I — PART 11 — PART 3 Upon review of the information recorded on this EAF (Parts 1, 2 and 3) and considering both the magnitude and imnortance of each impact, it is reasonably determined that: PREPARE A IIPATIVE DECLARATION A. The project will result in no major impacts and, therefore, O is one which may not cause significant damage to the environment. B. Although the project could have a significant effect on the environment, there will not be a significant effect in this case PREPARE A NEGATIVE DECLARATION because the mitigation measures described in PART 3 have been O included as part of the nroposed project. C. The project will result in one or more major adverse impacts PREPARE POSITIVE DECLARATION PROCEED WITH EIS that cannot be reduced and may cause significant damage to O one environment. Date Fianature of Rosponsib e Official in Lead Agency Signature of Prenarer if Different from responsible officer) Mint or type name of responsible official in Lead Agency -Jer EAF • ENVIRONMENTAL ASSESSMENT - PART III EVALUATION OF THE IMPORTANCE OF IMPACTS ! L'1 FORMATION Part 3 is prepared if one or more impact or effect is considered to be potentially large. - The amount of writing necessary to answer part 3 may be determined by answering the question: In briefly completing the instructions below have I placed in this record sufficient information to indicate the reasonableness of my decisions' • INSTRUCTIONS Complete the following for each impact or effect identified in Column 2 o` Part 2: 1. Briefly describe the impact. 2. Describe (if apollcable) how the impact mignt be mitigated or reduced to a less than larae impact by a pro- ject change. 3. Rased on the information available, decide if it is reasonahle to conclude that this impact is important to the minicipality (city, town or village) in which the project is located. To answer the question of importance, consider: - The probability of the impact or effect occurring The duration of the impact or effect - Its irreversibility, including permanently lost resources or values - Whether the impact or effect can be controlled - The regional consequence of the impact or effect - Its potential divergence from local needs and goals Whether known objections to the project apoly to this impact or effect. DETERMINATION OF SIGPIFICA"ICE An action is considered to be significant if: One (or more) impact is determined to both lame and its (their) consequence, based on the review above, is important. PA07 III STATEMENTS (Continue on Attachments, as needed) _11_ Applicant proposes to maintenance dredge an 651x 60 ' area to a depth of 4 ' at MLW. Resultant spoil (approx. 600 cy of sand ) faE A shall be trucked to an upland disposal site. � , �AF�� Purpose: Maintenance dredging 4 '- Datum: Mean Sea Level Locus : 720241 /41002 ' L Cedar 2e,' Applicant: West Lake Association April 27, 1987 H Project location West Lake at Cedar Beach Park at Southold, Town of Southold, County of Suffolk, New York. �0 , �cl i°paw . 50%NPM t� (Note enclosure for list of property owners ) Su> Fcctc CfDVNT�( ,4P%GC-t2Dm m r�P 23 SGraIF 1"= 3ppp' O soo _;fm �-CEZjq�e 3 S Qw ' I West Lake t ��J I Adjoining Owners ` To North T. McDonagh � u 53 Hudson Road� %A bellerose, N. Y. 11426 To East A. Sowinski 16 Chestnut Avenue Glen Head, N.Y. 11545 9 R `A Area to be dredged Bulkheaded in leading Ib to Hog Neck Bay } Scale 1 150 ' 1(a { C, �s :so W.`W_"t L Vr_ , SHEETa- kZ AND SE CO. , WADING RIVER, N. Y. 'A " N `a -1A/a JNIO dM ` 03 3Sn GNV� N a' I O O A A O O W P7 01 'O N I •.-� U1 + O 4� O U1 O. 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