HomeMy WebLinkAboutHurwitz, AnnSuffolk Environmental Consulting, Inc.
Newman Village, Main Strccl, V.(). Box 2003. Bridgehampton, New York II 932-2003
(631) 537-5160 Fax: (631) 537-5198
Bruce Anderson, M.S., President
November 10, 2004
Kieran Corceran, Assistant Town Attorney
Town of Southold
Town Hall
P. O. Box 1179
Southold, NY 11971
Re:
Application to Dredge - Quit Claim Deed
Situate: Bayview, Southold
SCTM # 1000-88-5-41
Dear Mr. Corcoran,
As discussed and agreed I enclose the deeds for all properties that share
a common property line with the parcel referenced above. They are: 1000-88-5-
35, 36,37,38,39,40,42, 43, 44, 45 and 55 (Community Park and Beach). Please
be advised that Lot 88-5-45 is part of the Community Park and Beach.
You will conclude as I have that none of the deeds contain a written meets
and bounds description that extend to Mean High Water or surface waters of any
kind. Some of the deeds refer to the Boat Basin as shown on the filed
subdivision map, but the term "boat basin" is treated as a lot.
Please stay on this and discuss this mater with Mr. Krupski. Please let
me know what the outcome of your discussions is and what further I can do to
assist you and Trustees in bringing the proposed project to fruition.
e A./~nderson
Cc. A. Krupski
Southold Towe
Beard of Trustees
Suffolk Environmental Consulting, Inc.
Newman Village, Main Street, RO. Box 2003, Bridgehampton, New York 11932-2003
(631) 537-5160 Fax: (631) 537-5198
Bruce Anderson, M.S., President
October 20, 2004
Kieran Corcoran, Assistant Town Attorney
Southold Town Hall
P. O. Box 1179
Southold, NY 11971
Re~
Application to Dredge - Quit Claim Deed
Situate: Bayview, Southold
SCTM # 1000-88-5-41
Dear Mr. Cocoran,
As requested enclosed herewith please find a copy of the deed for the
parcel referenced above. You will recall that this is the parcel for which the
Trustees wish to assert ownership and cause the dredging of its inlet from the
bay.
I look forward to hearing from you in the near future and again offer my
assistance in this matter.
Bruce A. Anderson
Cc. A. Krupski, Southold Town Trustees
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Suffolk Environmental Consulting, Inc.
Newman Village, Main Street, RO. Box 2003, Bridgehampton, New York 11932-2003
(631) 537-5160 Fax: (631) 537-5198
Bruce Anderson, M.S., President
October 7, 2004
Albert Krupski, Jr., President
Southold Town Trustees
P. O. Box 1179
Southold, NY 11971
Application to Dredge - Quit Claim Deed
Situate: Bayview, Southold
SCTM # 1000-88-5--41
Dear Mr. Kruspski,
ard
You will recall that your Board and I met at the home of Ann Hurwitz who
resides at Rambler Road in Bayview on September 16, 2004. The purpose of
our meeting was to ascertain the Board's interest in pursuing a dredging
operation at the mouth of an un-named tidal pond, which has turned brackish and
substantially anaerobic. The restricted tidal flow has promoted the growth of
Phragmites around its boarders and the pond is rapidly filling in. It was your
Board's position that the mouth of the tidal pond should be opened to the Bay to
permit tidal flushing to the pond area thereby revitalizing the wetland and
restoring its historical environmental quality. You asserted that you own the pond
and a quit claim deed should be filed documenting your ownership of the parcel.
As recommended by your staff, Ms. Tretrault, I enclose the following
documents for your review:
Copy of the tax map that shows the parcel at its connection with
Southold Bay;
Copy of the subdivision map known as Map of Terry Waters
filed on December 29, 1958 as Map # 2901; Abstract No. 3152;
Copy of correspondence from Howard Terry and Edward Mills to
the Board of Trustees dated April 5, 1954 along with application for
permit to dredge and accompanying map; and
Copy of Permit to dredge issued by the Southold Trustees to
Howard Mills and Edward Mills dated May 25, 1954.
The submitted materials reveal (i) that the parcel exists and connects to
the Bay; (ii) that the parcel is described on a filed subdivision map but is not
designated a lot (it exists as a gore); that a dredging permit and a permit to
construct jetties was issued by your Board; and (iii) that the parcel was previously
dredged and one out of the two permitted jetties was constructed.
The same materials attached herewith have forwarded to Pat Finnegan of
the Town Attorney's office. I have requested a meeting with Ms. Finnegan
although I understand that she will be on vacation next week. I again offer our
services and all required support services in furtherance of the dredging project
already discussed and accepted by your Board.
Thank you for your consideration in this matter.
Cc. P. Finnegan, Southold Town Attorney's Office
/
NECK
---~-- ~ ............................ NOT[CE ~ COUNTY OF SUFFOLK ~ ~~'~ ..... ~* SOUTHOLD SECTION NO
........................... ~ Reol Property I x Ser ice Agency
0
8
8
~ ~ ~ . k m~ m 1000
HDWARD M. TERRY
5~DUTHnLD, L, I,, N, Y,
itoard of Trustces~ Tov;u of ;Zo~
'-oft' old. q.3.
Dear c~ ,
'e are r~lst?i'q? to o}reF, a host channel end bssin in the
"dramn" and :{:ond w!':icb laFs between our propretFs ,~na empties dir~tlv
il-i~ neconic bay at
This area w~:s once f,esh water ~z, onds ~',~i_h since the .]_sst
~' d _ _ nov; salt snd the tide r~ses
few ne=v5 stoPns ~,n the resuqtin~ er, osion is
and fa~] s to so,ne degre~ in there.
,~e hove to develop our ~and surroundinf tPis pond area
into buildin~ lots.
On advise of the Rr~}' Ln~'ineers~ we are told we r,~ust get
~,clearance:~ fror~ the tov,n of :~ov,%~o]o st~t. in~ there are t~o objections
tn the nrolcsed 'vcr' we ~,;snt to do.
] ands.
As ~-e'l: no del['inr be dste bes been set to b~sfn this work; but
v:e hol:e to beyin soon after se [ret t~.e necesser': ~,err,!Jts.
jJrustiNf' t!~e enclosed dravrin[ wJil be self e!?lenitory and
the t ?,e v:i q ] be favor?d vii th your c'1 eers~nce ~
e veRgJn 3oliPS trr].y
c? N-e ler~?,r Nar intrests~
And ~ , , z ~
IN THE MATTER OF THE APPLICATION OF
HOWARD M. T~RRY and
FOR
EDWARD MILLS
TQ TP~ TOWN TRUSTEES OF ~.~-~ T0~, 0I4 o0U~,~0IJD.
TP~ UNDERSIGNED DOEo ~REoY REQU-ZoT FROM T~ SOUTLOLD TOUN TRUoT=~o
(a) permission to dredge
(b) permission to erect ~ 7
(c) a-g=-ant 'of land under water
/
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And~ Ti~ UNDZ~RSIGNCD D0.~,S .,.~RE,.~Y AGREE to hold the said Trustees and
the Town of Southold
~,~.~:,~oo ~,~,m free '~ "' ~,t mud all d~lag~s and
claims arising under or by virtue of said ~o~/~
STATE OF IfEi~ Y0RK~)
COU~ff'f OF SUFFOLi[~)SS: ,
0n the 8th day of April ~ 1954 ~ before me personally
came HOP~ARD M. TERRY and EDWARD }~ILL5~ ...........................
to rna =~nown and known to me to be the :..ndividua]~ described in and who
executed the foregoing instrUment~ and they severally
duly acknowledged to
that they
executed the sam~
'~' ~ar y Puol S
MONICA G. GAT.T,&GHER,
Notary ~b~e, State of New York
No. ~13~o~ ~untF
T~m ~p~es ~ch ~, ~55
THIS PE~'IIT made in duplicate, the %~ day of ~
1954, between TO%~ OF SOUTHOLD, in the County of Suffolk and State~
of New York, by a majority of its duly elected Trustees and by ~
virtue of Chapter 615 of the Lsws of the State of New York, passed
in 1893, and pursuant to a written resolution adopted by a majorit~
of the Board of Truetees of said Town of Southold, at a meeting
held pursuant to notice duly given to a].l tho members thereof, on
the ~. g day of ~1~ , 1954, party of the first part, and
.H.0WAHD M. TERRY and ELW;ARD MILLS, parties of the second part,
WITNESSETH, the party of tho first part in consideration of
the sum of $ ~ ~ ~ , duly pai~ to the ~arty of the first part,
before the delivery hereof, the receipt whereof is hereby duly ack,
nowledgod, has granted and does hereby grant unto the said parties
of the second part, their heirs and assigns, forever, permission
to dredge adjacent to their proH~ises fronting on Poconic Bay (also
known as Hog Neck Bay) at Southoild, in the Town of Southold,
Suffolk County, New York, for a distance of approximately 1500
yards, 8nd permission to erect two Jetties, in accordance with the
plans attached to tho application.
Subject, however, to the public r,ight of navigation and sub-
joct to the right of the public to pass and repass along that
portion of the beach between ]ow and high water mark. On condi-
tion, however, that the party of the second part will hold the
said Trustees and the Town of Southold harmless and free from any
and all damages and claims arising under or by virtue of said
dredging and erection.
IN WITNESS WHEREOF, the s~id Town of
first part, has by a vote of a majority of
of said Town, caused its corporate seal to
Southold, party of the
the Board of Trustees
be hereunto affixed~
and these presents to be subscribed by a majority of tho said
Board of Trustees, the day and year above written.
STATE OF NEW YORK )
COU~I~Y OF SUFFOLK )
(
came EMMON$ DEAN, of Greenport, N.Y.;
1954, before me personally
LYLE F. TUTHILL, of Orient,
IN.Y.; ALVAH B. GOLDSFSTH, of Southold, N.Y.; JOHN McNULTY, of
Laurel, N.Y. and FRANK DAWSON, of New Suffolk, N.Y., all personally
known to mc, who being by me duly sworn, severally said that they
.each resided in the Town of Southold, County of Suffolk and State
of New York, and were members of the Board of Trustees of said
iTown of Southold and constituted a majority of the same; that they.
knew the corporate seal of said Town of Southold; that the seal
affixed to the foregoing instrument was such corporate seal; that
it was affixed thereunto by order of the Board of Trustees of said
To~ of Southold and that each one signed his name thereto as a
Trustee and by like order.
Notary Public, Suffolk County.
30, I~
Board of Trustees, Town of Southold, County of Suffolk, N. Y., Claimant
Tn Mr. Howard Terry and Edward Mills
Address ...... .s..o..~..h..o.~.:...~.:.~.: ....................................................................................
May 2~,
Permit to dredge through beach and open up
pond - Cedar Beach
Alvah B. goldsmith, Clerk
Ann Katzenberg Hurwitz
PO Box 634
60 Rambler Court
Southold, NY 11971
631-765-3341
160 Crescent Avenue
Leonia, NJ 0760~
201-461-5663
Trustees of Southold Town
Main Road
Southoid, NY 11971
August 8, 2004
To the Trustees of Southoid Town:
I have summered in Southold for over 70 years and have a deep attachment to the
North Fork. My family home on Town Harbor Lane was sold approximately ton
years ago and in 1997 my husband and I purchased a small house oa Rambler
Court. The house overlooks what was, when we purchased it, a lovely pond coming
off of a small pond which was fed, in part, by Little Peconic Bay.
Since we moved here we have seen major changes in the pond and the surrounding
area. In 1997 the bay flowed in and out of the pond quito regularly at high tide. In
the years following, the opening to the bay has remained closed except for a few
days each year after a heavy fall or winter storm. The opening has been completoly
closed for the last year and a half.
It has become evident that the pond is drying up. The pond is at least one-third
smaller than it was five years ago. What has been lost has been turned into mud
flats. The formerly plentiful bird life has markedly diminished with each passing
year. I have observed a number offish kills with litorolly thousands of tiny fish left
high and dry along the jetty which was placed some years ago alongside the inlet to
the pond by the Terry Waters Property Owners Association. There is often an
offensively stagnant odor emanating from the pond. The mosquito population
around the pond is truly incredible. Three summers ago there was an algae bloom
(similar to the one on Marion Lake) which covered approximately half of the pond
in different configurations from day to day.
Since there has been such a visible change over the past three years it appears that
this has come close to or is already an emergency situation. The jetty has eaased
large amounts of sand to pile up creating a barrier that does not regularly allow the
bay waters to come through and the pond wators to flow out. Other homeowners
have reported that dredging has taken place several times in the past. There is an
old dock in the smaller first pond. One resident has provided me with photos
showing that in years past the pond was quite widely open to the bay. Research has
confirmed that the portion of the beach in question is not owned by either Terry
Waters or Angel Shores, the adjacent development.
Infrared photos taken in the early 90's by the NYSDEC indicote that what is
happening now is not cyclical
It seems to me that opening the channel in order to regularly flush out the two
ponds is now necessary. The ponds serve as a nursery for many fish which will then
be able to move out into Little Peconic Bay to mature. We will once again be able to
attract the bird life that has in the past been so rich and we will sustain the beauty
of this small wetland gem that is figuratively in aH of our backyards.
It is my understanding that field inspections are conducted on specific days.
Accordingly it is my hope that you will come and look at the beach and ponds and
consider my request. Bruce Anderson, President of Suffolk Environmental
Consulting, Inc. is helping me address this problem. He lived for several years on
Rambler Road and is an old friend. You are cordially invited to join me or Bruce
Anderson on my deck which provides a good overall view of the second pond. Please
do not hesitate to contact me or Bruce Anderson (631=537-$160) if there are further
questions. I look forward to hearing from you.
Ann Hurwi~
721
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