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HomeMy WebLinkAboutTR-8320 Michael J.Domino,President *QF SO!/r Town Hall Annex John M.Bredemeyer III,Vice-President ,`Oy�lO 54375 Route 25 .1� � P.O., Box 1 179 Glenn Goldsmith �. Southold,New York 11971 A.Nicholas Krupski G Q Telephone(631) 765-1892 Greg Williams �' �� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 17, 2019 Bruce A. Anderson Suffolk Environmental Consulting, Inc. 2322 Main Street P.O. Box 2003 Bridgehampton, NY 11932-2003 RE: PARADISE POINT ASSOCIATION BASIN ROAD, SOUTHOLD SCTM#: 1000-81-1-16.10&16.11 Dear Mr. Anderson: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, July 17, 2019: RESOLVED that the Southold Town Board of Trustees APPROVE the Administrative Amendment to Wetland Permit#8320 to relocate the placement of the resultant dredge spoils to the south, over the area of the existing grass and dirt path that provides access to the shoreline; with the condition that the dredge spoils do not amount to more than 6" in height from the existing grade; and as depicted on the site plan prepared by Suffolk Environmental Consulting, Inc., dated April 23, 2019, and stamped approved on July 17, 2019. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office. Sincerely, Michael J. Domino President, Board of Trustees MJD:dd SITE PLAN Formerly Approved '� NOTE: SECTION "A" Spoil Site* `!%j i Amended Proposed .— Scale: 1.0"=40.0'± /f{ rrri As approved via NYSDEC SPOIL PLACEMENT Spoil Site Gu 0 25.0' ± to MHW .�+ % i;f Permit No. 1-4738- ; %��f!% CROSS-SECTION • % 00706/00032,issued December (n % , � 23, 2013, and expires Scale: 1.0"=4.0'± 10.01 ± December 22, 2023. Please be •� .s aware that the approved-for -------- --------------_--.-> TIC UNE ALONG , %� l bounds, scope and depths of �' (� .--• APPARENT HILI{WATER MARK /moi the approved-for dredging ' c o reflected within subject , pq permit remain the same. Only rrf the location of spoil G� o w � l deposition is requested to be �. changed herein. o Pro`osed Siltation � o x APPROVED BY , Z f/J O Amended Proposed - . ' ri BOARD OF 1 t�USTEES Fencing �� C oo (.� U 3 Spoil site - W�n% TOWN OF SOUTHOLD ti3 + f' ! p z z M _ it DATE , . ��.� MAY ' 8 � � �"vt t 7� 2otq ; 2019 N v a Proposed ___ /f Siltation Fencin ��if 0 -`; PROJECT DESCRIPTION: Applicant proposes to amend NYSDEC Permit No. 1-4738-00706/00032, issued o ,{ Proposed December 23 2013 and expires December 22 2023 authorizing to "MaintenanceWOO Siltation Fencing-------- dredge channel to boat basin to a maximum depth of 4 below mean low water. Place resultant 0 cn I 1,x700 cu. yds. of dredged material on-site landward of apparent high water...", all in order to (./) .o A A .;, allow for the dredged material to be deposited, graded and groomed in a different o location. o The purpose of amending the spoil deposition site is in maintaining the earthen -A ` eft 1fr road providing access to the northerly shoreline for the Paradise Point Association oa o Proposed rf property owners. w cn U `Siltation Fencing - L 2A f / Please be aware that the approved-for bounds, scope and depths of the approved- H ° 3 �° `' ! /Z ;,.- for dredging reflected within subject permit remain the same. Only the location of Q o 0 ILZ �, :%1,�, ,.ff, spoil deposition is requested to be changed herein. ` =_ V) L Val;. Amended Proposed Spoil Site Michael J. Domino, Presi SVFFO(� p�Q �oG Town Hall Annex John M. Bredemeyer III,Vice-Preident �� '.��"� 54375 Route 25 Glenn Goldsmith o c P.O. Box 1179 � z A Nicholas Krupski 0 `� Southold,NY 11971 Greg Williams , '��Ol �ap� Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time:��/fl //� Completed in field by: 7/h Suffolk Environmental Consulting, Inc., on behalf of PARADISE POINT ASSOCIATION requests an Administrative Amendment to Wetland Permit#8320 to relocate the placement of the resultant dredge spoils to the south, over the area of the existing grass and dirt path that provides access to the shoreline. Located: Basin Road, Southold. SCTM#: 1000-81-1-16.10 & 16.11 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=4 Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. Driveway- 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 Ch. 111 - SEQRA Type: 1 II Unlisted Action Type of Application: Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Survey <_ 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: GOd.Q have read & acknowledged the foregoing Trustees comments: Agent/Owner: Present were: J. Bredemeyer M. Domino G. Goldsmith N. Krupski G. Williams Other Michael J. Domino, PresideOFF©( SOS � 1 Town Hall Annex John M. Bredeme er III Vice-Presiuent �� Gy y 54375 Route 25 Glenn Goldsmith y P.O.Box 1179 A.Nicholas Krupski Southold,NY 11971 Greg Williams 4,1 p! Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES ff q TOWN OF SOUTHOLD J Date/Time: C� �( 1 ` Completed in field by: 6e-& L �/J/`al's /✓J Suffolk Environmental Consulting, Inc,, on behalf of PARADISE POINT ASSOCIATION requests an Administrative Amendment to Wetland Permit #8320 to relocate the placement of the resultant dredge spoils to the south, over the area of the existing grass and dirt path that provides access to the shoreline. Located: Basin Road, Southold. SCTM#: 1000-81-1-16.10 & 16.11 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=4 Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 Ch. 111 SEQRA Type: 1 II Unlisted Action Type of Application: Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Survey <_ 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: Vf Si�—r� �i2 �✓dl� 04.1.5c r (nJ•7 1 �dC�(� V`'c�✓ �G:��, I have read & acknowledged the foregoing Trustees comments: Agent/Owner: Present were:::� J. redemeyer M. Domino G. Goldsmith N. Krupski G. Williams Other s A J _ r jr Aft d6 wA lk 40 'P. / r�`�y �. kms- � ,� ►. •,_ ,�� - 1Owl . u Ile -77 40 MA Aff S.V � 1 `a �•i< 4w` �"`� * --' ?�-`:� i`. fi''`t-.- � -�'. e 9�• - /� +:'.•/ y�� �;. II' I ``':'► N.s•-- - ^`rid-6 �l.�\:- _':�_�� .` _ '" � _�'" �. `� y � '�c+� .a ./ � .'/ yr', �e-2^'��� �,yC * 3�.k .4 `�'.1- \.•(� / 4, ../ � ����'V''..�. 1. J�fi 111 . s A-i `t t Paradise Point Property Situate: West of Westerly terminus of Basin Road; Southold, New York • 11971 SCTM#: 1000 — 081 — 01- 016.10 i, k y\ rs4 4 /M✓'- M iy MY 4-4 AW tom, ��.*+�� S �—."��• ~i ��i.Y M 5�.7".-r'Y.+wa+Y'.���� T j.��{'��yyy r 5 The Photograph above (taken facing northwest) depicts the spoil site area for the proposed dredging activities. Paradise Point Property Situate: West of Westerly terminus of Basin Road; Southold, New York • 11971 SCTM#: 1000 — 081 — 01- 016.10 ZI x�t X� The photograph above taken facing south depicts the area of spoil for the proposed dredging activities as seen from peconic bay. Paradise Point Property Situate: West of Westerly terminus of Basin Road; Southold, New York • 11971 SCTM#: 1000 — 081 — 01- 016.10 s spoil sitiv Inlet Owning ILI „ . - - :.-r^err.•. .. ... .-...- �..<'` *r ,.,,.mss---+" _ �.- _ ,�� „",.,, �— "' � •-,. The Photograph above(taken facing south) depicts the mouth of the inlet and directly to the right, is the proposed spoil site for the dredging activities to take place. Suffolk Environmental Consulting, Inc® Newman Village,Suite E,2322 Main Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax:-(631) 537-5291 Bruce Anderson,M.S.,President ® E July 15, 2019 Mr. Michael Domino, President JUL 2019Board of Trustees Town Hall Southold Town P.O. Box 1179 f Trus e Southold, NY 11971 Re: PARADISE POINT ASSOCIATION Property Situate: Basin Road;Southold, New York SUM#: 1000—081—01—016.10&016.11 Permit#: 8320 Dear Mr. Domino, This correspondence is to follow-up on the earlier question raised by your Board in connection with the amended spoil site.As you are aware,your Board had previously authorized the dredging of 700 yd.3 to be deposited on site and that permit came with a 10 year maintenance permit. Our request for amendment was triggered by the need to spread the spoil over a greater area and to protect access to the westerly groin. We anticipate that the road elevations leading to the westerly groin might increase approximately 3-4 inches over time. However, is important to note that much of the dredging has already taken place in the amount of spoil generated in connection with the maintenance of the channel over time would be substantially less than the 700 yd.3 authorized. Importantly,the expanded spoil site was traditionally used as a spoil site for the dredging of the inlet and basin and so with the amendment proposed that history would merely continue. I trust resolve remaining questions regarding our permit amendment. Yours truly, Bruce A.Anderson Cc. Paradise Point Association i Suffolk Environmental Consulting, Inca Newman Village, Suite E,2322 Main Street,P.O. Bax 2003,Bridgehampton,New York 11932-2003 (631)537-5160 rax: (631) 537-5291 Bruce Anderson,M.S.,President July 15, 2019 Mr. Michael Domino, President Board of Trustees DE C E I V E Town Hall Dil P.O. Box 1179 Southold, NY 11971 JUL 1 J 2019 Re: PARADISE POINT ASSOCIATION Property Southold Town Situate: Basin Road;Southold,New York Board of Tr s SCTM#: 1000—081—01—016.10&016.11 Permit#: 8320 - Dear Mr. Domino, This correspondence is to follow-up on the earlier question raised by your Board in connection with the amended spoil site.As you are aware,your Board had previously authorized the dredging of 700 yd.3 to be deposited on site and that permit came with a 10 year maintenance permit. Our request for amendment was triggered by the need to spread the spoil over a greater area and to protect access to the westerly groin.We anticipate that the road elevations leading to the westerly groin might increase approximately 3-4 inches over time. However,is important to note that much of the dredging has already taken place in the amount of spoil generated in connection with the maintenance of the channel over time would be substantially less than the 700 yd.3 authorized. Importantly,the expanded spoil site was traditionally used as a spoil site for the dredging of the inlet and basin and so with the amendment proposed that history would merely continue. I trust resolve remaining questions regarding our permit amendment. Yours truly, Bruce A.Anderson Cc. Paradise Point Association Suffolk Environmental Consulting, Inc. Newman Village,Suite E,2322 Main Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President a EJ �� `„ June 18, 2019 !1 1 JUN 2 1 2019 I - Mr. Michael Domino, President Board of Trustees Town Hall Boar( of Nis_ees P.O. Box 1179 Southold, NY 11971 Re: PARADISE POINT ASSOCIATION Property Situate: Basin Road;Southold, New York SUM#: 1000-081-01-016.10&016.11 Permit#: 8320 Dear Mr. Domino, I hereby request that the above referenced matter be adjourned for a month to allow us additional time to provide written clarification on the proposed spoil placement requested as part of this permit amendment. Kindly reschedule this matter for the regular meeting of July for discussion and determination. Thank you in advance for your anticipated cooperation. ours truly, el . Bruce A.Anderson cc: Paradise Point Association, Inc. Suffolk Environmental Consulting, Inc. Newman Village,Suite E,2322 tMain Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631)537-5160 Fax: (631) 537_5291 Bruce Anderson,M.S..President D E C E E June 18,2019 Mr. Michael Domino, President JUN 1 2019 Board of Trustees Town Hall Southold Town P.O. Box 1179 Boar of Trustees Southold, NY 11971 Re: PARADISE POINT ASSOCIATION Property Situate: Basin Road;Southold,New York SUM#: 1000-081-01-016.10&016.11 Permit#: 8320 Dear Mr. Domino, I hereby request that the above referenced matter be adjourned for a month to allow us additional time to provide written clarification on the proposed spoil placement requested as part of this permit amendment. Kindly reschedule this matter for the regular meeting of July for discussion and determination. Thank you in advance for your anticipated cooperation. ours truly, Bruce A.Anderson cc: Paradise Point Association, Inc. Suffolk Environmental Consulting, Inc. Newman Village,Suite E,2322 Main Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President VAY - 8 2019 Hand Delivered € May 7, 2019 =1 °P , Mr. Michael Domino, President Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Re: PARADISE POINT ASSOCIATION Property Situate: Basin Road; Southold, New York SCTM #: 1000-081-01-016.10 &016.11 Permit#: 8320 Dear Mr. King, With respect to the above referenced permit to "...maintenance dredge the channel leading into the boat basin to a maximum depth of four feet (4.09 during low tide, and will occur within two (2) areas containing +/4,000 square feet which will result in +/- 700 cubic yards of resultant dredge spoil to be deposited on side...", and which was subsequently amended to allow for a ten (10) year maintenance dredge permit, please allow this submission to act as our formal request to modify same in order to relocate the location of dredge spoil placement. Please note that all other approved-for specifications associated with this project remain "as-is". Please find enclosed: (1) Amendment Description (four [4] copies); (2) Proposed Project Plans, prepared by SUFFOLK ENVIRONMENTAL CONSULTING, INC., dated April 23, 2019, depicting the amended dredge spoil placement (four [4] prints); t (3) Photographs of the amended dredge spoil location (four [4] sets); and (4) Check made payable to the Town of Southold in the amount of$ 50.00 to cover the requisite medication application fee. Kindly review the enclosed items and issue the requested permit modification. Should you have any questions, please feel free to contact this office at any time. Thank you as always for your attention and consideration. Sincerely, Matt D. Ivans enc. cc: Paradise Point Association, Inc. AMENDED PROJECT DESCRIPTION for the PARADISE POINT ASSOCIATION Property Situate: Basin Road; Southold, New York SCTM #: 1000-081-01-016.10 &016.11 Applicant was issued the Town of Southold Board of Trustees Permit No. 8320, on October 16, 2013, to "...maintenance dredge the channel leading into the boat basin to a maximum depth of four feet (4.09 during low tide, and will occur within two (2) areas containing +/4,000 square feet which will result in +/-700 cubic yards of resultant dredge spoil to be deposited on side...", and which was subsequently amended on July 22, 2015 to allow for a ten (10) year maintenance dredge permit. Consequently, rather than depositing the resultant dredge spoil within the originally approved-for location (i.e., northeasterly section of the property), the applicant proposes to place the resultant dredge spoil to the south, over the area of the existing grass & dirt path that provides access to the shoreline for the property owners of the Paradise Point Association, all in order to maintain said access. Please be aware that the approved-for bounds, scope and depths of the approved-for dredging reflected within subject permit remain the same. Only the location of spoil deposition is requested to be changed herein. ��� ►'� Y " 8 2018 i Soil!ho4oTown q John M. Bredemeyer III, President Michael J. Domino, Vice -President James F. King, Trustee Dave Bergen, Trustee Charles J. Sanders, Trustee - July 22, 2015 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Bruce Anderson Suffolk Environmental Consulting, Inc. PO Box 2003 Bridgehampton, NY 11932 RE: PARADISE POINT ASSOCIATION BASIN ROAD, SOUTHOLD SCTM# 81-1-16.10 & 16.11 Dear Mr. Anderson: Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631,) 765-1892 Fax (631) 765-6641 The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, July 22, 2015: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Wetland Permit #8320 for a Ten (10) Year Maintenance Dredge Permit; and as depicted on the survey prepared by Robert H. Fox, Land Surveyor, last dated August 2013, and stamped approved on October 16, 2013. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, John M. Bredemeyer, III President, Board of Trustees JMB:eac i 1 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Bruce Anderson Suffolk Environmental Consulting, Inc. PO Box 2003 Bridgehampton, NY 11932 RE: PARADISE POINT ASSOCIATION BASIN ROAD, SOUTHOLD SCTM# 81-1-16.10 & 16.11 Dear Mr. Anderson: Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631,) 765-1892 Fax (631) 765-6641 The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, July 22, 2015: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Wetland Permit #8320 for a Ten (10) Year Maintenance Dredge Permit; and as depicted on the survey prepared by Robert H. Fox, Land Surveyor, last dated August 2013, and stamped approved on October 16, 2013. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, John M. Bredemeyer, III President, Board of Trustees JMB:eac John Bredemeyer, Presidentg�FFDl Michael J. Domino, Vice -President �`°o�� James F. King y x Charles J. Sanders o s Dave Bergen Town Hall Annex 54375 Route 25 P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Southold -Town Board of Trustees Field Inspection/Work Session Report late/Time: Suffolk Environmental Consulting on behalf of PARADISE POINT ASSOCIATION requests an Administrative Amendment to Wetland Permit #8320 for a proposed Ten (10) Year Maintenance Dredge Permit. Located: Basin Road, Southold. SCTM# 81-1- 16.10 & 16.11 Type,eKearea to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: Chapt.275 Chapt. 111 . Type of Application: Wetland Coastal Erosion Amendment Administrative Emergency Pre -Submission Violation other Notice of Hearing card posted on property: Yes No Not Applicable Storm Water Management Review: Yes Info needed: Modifications: Conditions: Present Were: "J. Bredemeyer /M. Domino Bay Constable Form filled out in the field by Mailed/Faxed to: Date: No Not Applicable J. King D. Bergen Other �t_ 4 Are, CL17, C. Sanders SuffoRk IEnvlronme taR (ConsuR ng, Rune. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Bunce A\ndeirson, M.S., President June 2, 2015 Mr. John Bredemeyer, President Southold Town Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Fax: (631) 537-5291 Re: PARADISE POINT ASSOCIATION Property Situate: Basin Road; Southold, New York SUM #: 1000-081-01-019.10 Dear Mr. Bredemeyer, JUR This Firm represents the PARADISE POINT ASSOCIATION who applied for a permit to dredge 700 cubic yards of material from the channel leading to the existing boat basin (See Permit 8320 dated October 16, 2013). Approximately 300 cubic yards were removed from the shoaled channel due to NYSDEC imposed dredging windows. Request is hereby made for administrative permit amendment authorizing the conversion of the in -force wetland/dredging permit to a 10 -year maintenance permit. I enclose a check made payable to the Town of Southold in the amount of $50.00 in satisfaction of the required application fee. Thank you in advance for your anticipated cooperation. Yours truly, w Bruce A. Anderson Cc. D. Ciampa James F. King, President Bob Ghosio, Jr., Vice -President Dave Bergen John Bralemeyer Michael J. Domino 0 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 0 Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 t) 765-1892 Fax (631) 765-6641 YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE -CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre -construction, hay bale line 1s'day of construction _ % constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 8320 DATE: OCTOBER 16, 2013 ISSUED TO: PARADISE POINT ASSOCIATION PROPERTY ADDRESS: BASIN ROAD, SOUTHOLD SCTM# 81-1-16.10 & 16.11 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on October 16. 2013, and in consideration of application fee in the sum of $250.00 paid by Paradise Point Association and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to maintenance dredge the channel leading into the boat basin to a maximum depth of four feet (4.0') during low tide, and will occur within two (2) areas containing +/-4,000 square feet which will result in +/-700 cubic yards of resultant dredge spoil to be deposited on site; and as depicted on the survey prepared by Robert H. Fox, Land Surveyor, last dated August 2013 and stamped approved on October 16, 2013. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. �'C TERMS AND CONDITIONS The Permittee, Paradise Point Association, located at Basin Road, Southold, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third patties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Permittee of the completion of the work authorized. 9. That the Permittee will obtain all other permits and consents that maybe required supplemental to this permit, which may be subject to revoke upon failure to obtain same. 0 James F. King, President Bob Ghosio, Jr., Vice -President Dave Bergen John Bredemeyer Michael J. Domino October 16, 2013 �' �DG BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Matthew D. Ivans Suffolk Environmental Consulting, Inc. PO Box 2003 Bridgehampton, NY 11932 RE: PARADISE POINT ASSOCIATION BASIN ROAD, SOUTHOLD SCTM# 81-1-16.10 & 16.11 Dear Mr. Ivans: 0 Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Pax(631)765-6641 The Board of Town Trustees took the following action during its regular meeting held on Wednesday, October 16, 2013 regarding the above matter: WHEREAS, Suffolk Environmental Consulting, Inc. on behalf of PARADISE POINT ASSOCIATION applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated August 27, 2013, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on October 16, 2013, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, 0 0 WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of PARADISE POINT ASSOCIATION to maintenance dredge the channel leading into the boat basin to a maximum depth of four feet (4.0') during low tide, and will occur within two (2) areas containing +/-4,000 square feet which will result in +/-700 cubic yards of resultant dredge spoil to be deposited on site; and as depicted on the survey prepared by Robert H. Fox, Land Surveyor, last dated August 2013 and stamped approved on October 16, 2013. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $7,050.00 Very truly yours, CqW -'�5r James F. King President, Board of Trustees JFK/amn James F. King, President Bob Ghosio, Jr., Vice -President Dave Bergen John Bredemeyer Michael J. Domino u BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD u Town Hall Annex 54375 Route 25, P.O. Box 1179 Southold, NY 11971 Telephone(631)765-1892 Fax (631)765-6641 TO: Suffolk Environmental Consulting for Paradise Point Association Please be advised that your application dated 8/27/13 has been reviewed by this Board at the regular meeting of 10/16/13 and your application has been approved pending the completion of the following items checked off below. Revised Plans for proposed project Pre -Construction Hay Bale Line Inspection Fee ($50.00) 1st Day of Construction ($50.00) % Constructed ($50.00) X Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) XX Dredging Fees ($10.00 per cubic yard) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: Final Inspection Fee- $50.00 Dredging Fees- 700 cy. x $10.00 per cubic yard dredged= $7,000.00 TOTAL FEES DUE: $ 7.050.00 BY: James F. King, President Board of Trustees New York State Department of Environmental Conseition Division of Environmental Permits, Region 1 SUNY @ Stony Brook 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631) 444-0403 • Fax: (631) 444-0360 Website: www.dec.nv.00v December 23, 2013 Matt D. ]vans Suffolk Environmental Consulting, Inc. P.Q. Box 2003 Bridgehampton, NY 11932 RE: Permit# 1-4738-00706/00032 Dear Permitee: F DEC 2 7 20i3 Aim v NW Joe Martens Commissioner In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit identified above. Please read all conditions.carefully, and please take particular note of Item C: Permittee Responsible for Obtaining Other Required Permits and Item D: No Right to Trespass or Interfere with Riparian Rights under the, section entitled, "Notification of Other Permittee Obligations" on page. 7 of 7 of the enclosed permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. In addition, this permit must be kept available on the premises of the facility at all times. Verymy yours, Sherri Aicher Environmental Analyst Enclosure NEW YORK STATE DEPARAT OF ENVIRONMENTAL CONSERVAGN Facility DEC ID 14738-00706 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: ,W`�'�--Facilit�j `A , PARADISE POINT ASSOC "BION INC PARADISE POINT-ASSOC PROPERTY C/O DOUGLAS CIAM RESIDENT BASIN RDISCTM# 100=81-01-16.10 23 GLEN WAY SOUTHOLD, NY 11971 COLD SPRING RBOR, NY 11724 k (203)216-806 FacilityA "plication Contact: SUFFOT�ENVIRONMENTAL CONSULTING INC C/O TT IVANS 1000 ERICHO QUAD SUITE 300 B GEHAMPTON, NY 11932-2003 (63 537-5160 T1 Facility 719.4 NYTM-N: 4547.4 41°02153.8" Lorigitude: 72°23'� ]rzed Activity: Maintenance dredge ch boat basin to a maxim doth of 4' below n rater. Place resultant 700 cu. yds. of dredged ma a masite landvC3�of apparent high water. must be done in strict accordance with the attached plans stamped "NYSDEC Approved" on fiber 23, 2013. Tidal Wef.Vds - Under Article 25 Permit ID 1-41%38-00706/00032 New Permits Effective Date: 12/23/2013 Expiration Date: 12%22/2023 Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 1-4738-00706/00033 . New Permit Effective Date: 12/23/2013 Expiration -Date: 12/22/2023 Excavation & Fill in Navig bl''e Waters - Under Article 15, Title 5 Permit ID 1-4738-00706/00034 New Permit Effective Date 12/23%2613 Expiration Date: 12/22/2023 Page 1 of 7 NEW YORK STATE DEPARTOT OF ENVIRONMENTAL CONSERVAON Facility DEC ID 14738-00706 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: GEORGE W EARTH, DeputyRee7ibnal ermit Administrator Address: NYSay GION 1 HEADQUARTERS @ STONY BROOK150 CIRCLE RD TONY BROOK, NY 11790-3409 Authorized Si ture: . Date Distribution List LK ENVIRONMENTAL CONSULTING INC -TW I L AICHER PERMIT W4TER QUALITY CERTIFICATION SPECIFIC CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NATIR!AL RESOURCE PERMIT CONDITIONS - Apply to the Fol Ing Permi . TIDAL WETLANDS; WATER QUALITY CERTIFIC ON; EXCAVATION & FILL IN NAVIGABLE WATERS 1. Notice of Commen ement At least 48 hours prior to, commencement of theme prJect, the permittee and contractor shall sign anlh-etum the top portion of the enclosed notification form certifying that they are fully, aware of and understand all<terms and conditions of this permit.' Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. Page 2 of 7 NEW YORK STATE DEPARTAT OF ENVIRONMENTAL CONSERVA& Facility DEC ID 14738-00706 2. Notice of Maintenance Dredging For maintenance dredging projects, the permittee shall submit a Notice of Commencement prior to each dredging occurrence, specifying the disposal site (including an updated site plan). Upon completion, a Notice of Completion shall be submitted to the address indicated on that notice form, including the amount of material dredged and deposited at the approved disposal site. 3. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted bg thefap' 1 c t or appiramVmgat as part of the permit application. Such approved plans were pare+d'�iy Robert H. Fox last revised De'6�"iii 2013 and stamped "NYSDEC Approved" or 23, 2013. 1'0 4. Post Permit Sign' The permit sign enclosed with this permit shall be posted in a spicuous location on thelliksite and adequately protected from the weather.5. Prohibifor Fish, Shellfish, Birds To protect spawning finfish, shellfish and nestin orebirds includin eatened and/or endangered species, no regulated activities may occur between Jan 15 and Sept: mber 30, inclusive, of any calendar year. 6. Dridging Once Per Year Dredging shall be undertaken no more than once in any calendar mleslspecifically authorized by the department. 7. 110 Dredging near Tidal Wetland No dredging shall occur within 15 linear feet of the seaward 8. Storage of qui �a i81 a storage of construction equipment and -onfin ellid0e upland area landward o +l knead or on a barge. 9. tredgings to Remain On-Site/Within Wetland Dre�P�proved to remain on-site ai the NYSDEC Tidal Wetlands jurisdiction shall be retained so as not to enter any water body, wetl ds, or protected buffer areas. Off-site, upland disposal of dredged material beyond NYSDEC Tidal etland jurisdiction requires the additional guidance of the Division of Materials Managers (631) 0375 and is not covered by this permit. 7 10. LeavevU# nifornisHottonFLI'levatiom bottom elevation free of mounds or holes. 11. Grade Chahnel Side Slopes All side slopes of the dredge channel will have a maximum of 1:3 slope. 12. Filter Fabric Curtain =Around Dredging Area A filter fabric (turbidity}curtain weighted across the bottom and suspended at the top by floats shall be positioned to encloset£lie work site before commencing dredging. The curtain shall remain in the dredging operations and remain in place for twc the curtain no longer exceeds ambient levels. a(undfio al condition during all phases of dredging termination and turbidity inside Page 3 of 7 NEW YORK STATE DEPARTAT OF ENVIRONMENTAL CONSERVA& Facility DEC ID 1-4738-00706 AM r 13. Return Water Turbidity The dredge material overflow weir and return water discharge must be configured so that water with the lowest possible turbidity is returned to the waterway. The discharge outfall shall be monitored by the permittee or his agent and, if a visible plume becomes evident, the discharge shall cease immediately until the problem is corrected. 14. Return Water Discharge Return water discharge from the disposal site outfall shall not scour the shoreline or disturb tidal wetland vegetation. _ Is. Dredged Materials on th All material deposited on the�agshall be of compatible (equal to or larger) grain eel naturally occurring beach. If at any time'ung 'ng the dredging operation the compos' n of the dredged material changes and becomes unsuitab or beach placement, dredging operatio11 cease immediately and the office of Regional Habitat - I be contacted with a propose an to correct the problem and/or for alternative placement. No fnrthe etivity will commence w,Aout the department's approval. 16. Dredged Materials above AHW All material shall be placed landward of apparent high 17, Nointerference With Navigation There shall be no unreasonable interference with naviga n by the w herein authorized. 18. - ate Not Liable for Damage The State of New York shall in no case be liable for any damag r in to the structure or work herein authorized which may be caused by or result from future opera ns claim or right to accrue from any such damage. 19. St ay Order Removal or Altei'"dEiopof Work If future operations by the of New req an alteration in the position of the structtLU ork herein authorize m the opinion De ent of Environmental Conservation it shall �cau�onabley6B notion to the free navi of s'd waters or flood flows or endanger the health, safety or welfare of the people of the State, or loss destruction of the natural resources of the State, the owner may be ordered by the Departme remo or alter the structural work, obstructions, or hazards caused thereby without expense to the and if, on the expiration or revocation of this permit, the structure, fill, excavation, or other expense ro r e e Environmental Conservation may require, remove all or any portion of the uncompleted struc or fill and restore its former condition the navigable and flood capacity of the watercoufse. Nom aim shall be made againstthe State of New York on account of any such removal or alteration. a C, 20. State May Req a Site Restoration If upon the expiration or revocation of thspemiit, the project hereby authorize • as not been completed, the applicant shall, without expense to the State, and to such extent and in such Mur and manner as the Department of Environmental Conservation may lawfully require, remove all or Z poQgn of the uncompleted structure`or fill and restore the site to its former condition. No claim shall be made against the+State ofNew York on account of any such removal or alteration. Page 4 of 7 NEW YORK STATE DEPARTAT OF ENVIRONMENTAL CONSERVA ow Facility DEC ID 1-4738-00706 21. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS 1. Water Quality Certifica e NYS Department of Environme onservation hereby certifies that the subject project of contravene effluent limitations or other limits or standards under Sections 301, 302, 3 , 06 and 307 of the Clean Water Act of 1977 (PL 95-217) vided that all of the . conditions listed la in are met. GENERAL CONDITIONS.- Apply to ALL Authorized Permits: I. F dity Inspection by The Department The permitted site or facility, including relevant reco , is subj t to inspection at reasonable hours and intervals by an authorized representative of the Dep ent of onmental Conservation (the Department) to determine whether the permittee is complying The ps all provide a person tto belWany the Department's representative to errnit area when requested by the Depa�Ti egj._ A ckipmection of this permit, including all referenced maps, drawings and special conditions, must be for by the Department at all times at the project site or facility. Failure to produce a t upon request by a Department representative is a violation of this permit. 2. Rel �ttoncrito or trig rermt O Vrn LC�Brrrt�er�[m-rrugm_a�LLLeleClllln7lUVll� uaucaasn,�}wuiy provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or dete l b5'thrI a en r7t�c ents contained ' uch order or detemunation. 3. Application or Permit Renewals, Modifications or Transfers Theit a separate written ap`�cation to the Department for permit renewal, modifica permit. Such applicati6n,must include any forms or supplemental informatquires. Any renewal, modification bgZasfer granted by the Department must be i venting. Submission of applications for permit renewal, modification or transfer are to be submitted to: .::._. Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK, NY11790 -3409 Page 5 of 7 AM NEW YORK STATE DEPARTAT OF ENVIRONMENTAL CONSERVA _I Facility DEC ID 14738-00706 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands, Water Quality Certification, Excavation & Fill in Navigable Waters. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccuib'1e statements in the permit applicati upporting papers; b. failure by the prrrmittee to comply with any terms or conditions of the c. exceedVg the scope of the project as described in the permit application; d. nediscovered material information or a material change in environmental conditi let ology or applicable law or regulations since the issuance of the existing permit; e. JSoncompiiance with previously issued permit conditions, orders of the commissioner, provisions of the Environmental Conservation Law or regulations of the Department i the permitted activity. 6. Ifermit Transfer Permits are transferrable unless relevant ownership. NOTIFICATION OF OT TTEE O IONS Item : Permittee Accepts Legal Responsibility and Agrees to Indemnification The p ittee, excepting state or federal Agencies, expressly agrees to indemnify and hold harmle the and agents. ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee' c s o mis to m com-IMMEN 1111 permiffeet les n echon with, or operation and maintenance of, the facility or facilities authorized by the permit whe er in compliance or not in compliance with the terms and conditions of the permit. This Inde fication does not extend to yclaims, suits, actions, or damages to the extent attributable to DEC's oti negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC an sing under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or affil rights provision under federal or state laws. Item B: Permittee's Contractors to The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Page 6 of 7 Aft NEW YORK STATE DEPARTST OF ENVIRONMENTAL CONSERVAAS Now Facility DEC ID 14738-00706 Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any pen Page 7 of 7 Hydrographic Survey N Cross Sections 1" = 101 Entrance to Paradise Point Basin IN e Surveyed: July 2013 s q _ q Amended: August 2013 December 2013 3 3 Town: Southold w ;�/ r. 1'• Suffolk County, NY 4 O 20' wide channel Datum: M L L W cut to -4 MLLW 130, 1 SOOT 1 iIA N N Dredging 2 shaded areas of channel to +Q BAY —4 MLLW will generate approx. 700 cy. ---�—SHW — C 0 4 4 1 O O rn ip 20' wide channel cut to -4 MLLW C -C place material behind bulkhead & above HW O A S \\ 1 O Ln 1 , 1 1 T Ott O - \ \ i ( \0 1 1 � '6, \ \\ 1\ A \ b14, 81pn9 N. \ '' '• \u's . 4 \ � ���''•. \�� `���, � 4 Mak' Q7 0.6 NYSDEC \\ . 0.4 AS PER TERMS APPROVED F \ � 0.4 �s, \ 2 AND CONDITIONS 0 PERMIT NO, l- 3 0 04,00032. DATE D..gn i013�\ /3 - - . NYS PLS# 5097 \ PO Box # 366 \ \ Aquebogue \ N Y 11931 \ 11 1.5'1'. 00Q- 13CT. 01.00 LUCK 3.UU UTS B,r-.'f101T i-ARFl rTS-FlHf} X9000 boo o l�/00 )/00 116P% 9 Alb 0 0 LU11110t,, VV„ .. ...... ..... ......... ..-... 10804 N 5 THIS INOENTUR ma elite 23rd day of FebruaI y , nineteen hundred and ei.gh L•y trine, BETWEEN J. LANE CURRY, is to a 37% io Leresl, residinq at 13 North Street, Greenwich,- Connec Licu L, 060301 and GIl•MAN 11ALLE1,1IIECK, as Lo a 32% i.nl:erest, residing at Cove East, 115 Lalce Shore- Driver N. Palm Dea,:h, Flor:ddn, 334001 and GARRY SINNING, as Lo a 29;6 i.nteresl:, re- sicli.ng IL 200 Watchung Drive, claw Lhrrrne, New Jersey, 07506; and PARADISE OF SUVTIIOI.,D, INC., as to a 20 interest, a dontestir corpora- til,n laving i.ls principal orri.cr at (nn it) Rubi.nsuri Road, P. U. Bor. 72d, Suulliald, New York, 11971; as Lenau Ls in c0mm11on and as thri.r i.nteresls appear, (arty of the first part, and PARADISE PUI'NT ASSOCINI'TON, INC., n dnotes Li.c'Ty)'tr A, Nu L-for-profi,L Corporation, having its principal office at (no It) Robinson ]?aid, P. U. Box 243, SOULlluld, New Yoric, 11971., ------------ FEII 24 )c! .. patty of lire second part, 11iAIC' L11p 11(,( WITNESSETH, that lite art of the first art, ht consideration of SUI! I( P� Y P [;VIP! I'f 'Tett and nu/100 ($10.00) - - - - dollars, lawful money of the United Stiles, paid by the party of the second part, does hereby grant and release unto the party of lite second part, lite heirs or successors and assigns of tie party of the second part forever, PARCEL Ir - ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, siluale, lyingandbeing at Bayview, near Southgld, in the 'Town of Southold, Coun Ly of! SUEfollc and State of New York, known and designated as Robinson Road, Basin Road, Briar Lane, Canal, Basin, and Drain located be- tweenJJ,ots numbered, 12_. and 3.3s as shown on a cgrbain map entitled, "Map oP Sdction `dne, Piradise Point'at baydiew,".'and filed in the Office of the Clerk of the County ofSuffolk on April 110 1963 as Map No. 3761, and including Robinsuri, Road to its eas Leri Lerut.inus as shown on a certain mitp entitled, "Minor Subdivision made for Paradise Point Corporation, Paradise Point, New York," Amended May 11, 1981 by Roderick Van 'ruyl, P. .C., Licensed Land Surveyors, Greenport, New Yoric. . TOG677HER wi Lh an easement over:and across those lands innnediately adjoining Lhe westerly side of'Basin Road as shown on the aforesaid map en Litled, "Nap of Section One, Paradise Point at Bayview," and filed in the Office'of the -Clerk of the County -of Suffolk on April 11 1963 as Map No. 3761, said easement being more particularly bounded and described as follows( BEGINNING at a point, which point is Line southwesterly corner of Lot No. 4 as shown on the aforementioned filed map; RUNNING THENCE South 30 degrees 00 minuLes 40 seconds West along 1 -hp westerly side of Basin Road, 51.65 f.r_eL, Lo land now or formerly of Maynard; TUENCE along said land' now or formerly or Maynard South 15 degrees 35 minutes 40 seconds West, 30 feet, more. or' less, to the Basin and Canal as shown on the aforementioned filed olnp) TMENCE in a westerly, northwesterly and northerly direction 'llong Lbe share of said Basin and Canal as it winds and turns, 600 feet, more or. less, Lo the ordinary high water mark of 'Town harbor (also known as Southold Bay)) THENCE in an .easterly direction along the ortlinary hioh water mark -of 'Town'tlarbor. (also known as Southold Bay) as 'it winds and tdrns, 25 feta L, Inuie or lecn, Lt, r. !,niitt mal -k- ed by the westerly end of'a bulllhead)TI4ENCE South 6 degrees OO min- uL•es Wdrt:, '75,00 deet) TtIENCE South 6 degrees 00 minutes East, 95,Of) feet; TuENCE South 65 degrees 00 minu Les East+ 200.00 feetl THENCE North 59 degrees 30 minutes East, 123.00 Leet Lo land now or foritle.r- .l.y of Curcuru) THENCE along said land now or fornierly nE Cur.curu Sou Lh 74 degrees 24 minu Les '20 seconds East, 76.49 feel. Lo Lhe point or place of BEGINNING, and as such easement: is shown ort n certain map en Li Lled, "Map or Property at Paradise Point, Southold, N. Y.," Revi.src) August 9, 1980 by Roderick Van Ttlyl,''P., C., [Arrrnsed Land Surveyors, Greenport-, New York$ said easement Lo be used by Hill :10801 1`1:556 party of the second part for free and unobstructed access to the Basin and Canal as shown on the.aforesaid filed map;.for the con- sLrucLion and maintenance of bulkheads, cribs,"'j'stties, do6ks, etc., as may be deemed appropriate by the party of the second part; for the installation and maintenance of a fresh water well.or wells; and for such other purpose or purposes as are,.CpnsistQnt with the Constitution of the party of the'second part_ including, bpt not limited toi Providing for the care and main teiiaHcE'of'i:he Beaches, Waters, Bulkheads;'Roads, Club Houses, Buildi;igs• o; dther structures, and other Recreation Facilities; supervising recreation, sports, boating, bathing, etc.; perpetuating the standard and tone of the community; promoting health, welfare, morals, pleasures, rocreaL-ion, indoor and outdoor games, etc,; and promoting sociability and good fellowship for the'members of the corporation. TOGETHER with 'all 'intaiest' of the party of the first- part in and to lands lying under the high water mark of Town Harbor (also (mown as Southold Bay) including any and all jetties protruding into said Town Harbor (also ]mrn✓n as Southold Bay). , PARCEL IIi ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Bay- view, near Southold, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follower BEGINNING at a point, which point is the northerly corner of Lot No. 12 as shown on a certain map entitled, "Map of Section Ont Paradise Point at Bayview," and filed in the Office of the Cleric of the County of Suffolk on April 11, 1963 as Map No. 37611 RUNNING THENCE North 38 degrees 31,minutes 90 seconds West along land now or formerly of Griffo, 100'.00 feet to,land now or formerly of Curry; THENCE along, said land now or formerly of Curry, North 9 degrees 30 minutes East, 610 feet, more or less, to the ordinary high water mark of Town Harbor '(also ]mown as Southold Bay); THENCE in an east- erly direction along the ordinary high water mark of Town Harbor (also (mown as Southold Bay),as it yfinds and turns, 75 feet, more or less, to a certain Canal' as shown on the'aforementibned filed map; THENCE in a southeasterly direction along the Canal as it winds and turns, 350 feet, more or fess, to the northerly line of Lot Na. 17 as shown on a certain map entitled, "Minor Subdivision made for Paradise Point Corporation, Paradise Point, New York," Amended May 11, 1981 by Roderick Van Tuyl,. P. C.; THENCE along said Lot No. 17 the following three courses and distances; 1) North 85 degrees 30 minutes Hest, 90.00 feet; 2) South 9 degrees 30 minutes West, 325.00 feet; 3) South 38 degrees 31 minutes 90'seconds East, 82.98 feet to Briar Lane as shown on the aforementioned filed map; THENCE along said Briar Lane South -19 degrees 56 minutes 30 seconds West, 18,67 feet to the point or place of BEGINNING. . TOGETHER with all the right, title and interest of the party of the first part in and to lands lying under the high water mark of Town Harbor (also ]mown as Southold Bay), including any and all jetties protruding into said Town Harbor (also (mown as Southold Bay), THIS CONVEYANCE is made in the usual and regular course of business actually conducted by the party of the first part, PARADISE OF SOUTHOLD, INC. 0 0 TOGETHER with all right, title and interest, If any, of tire party of lite first part in arld to any streets and mods abutting the above described promises to [lie center title$ thercof, TOGETHER with the appurtenances and all tire estate and rights of the party of the first part in and to sit(] premises, TO HAVE AND TO HOLD tire Premises herein granted unto ilia party of the second part, the heirs or successors and assigns of the party of the second part forever. ,AND like Party Of tile li"t Part Covenants that tire party of,the first part has not done or suffered anything wllercbY [lie slid any ex as .. ra*�id. -Promises have been incumbered in way, whatev r, ccfii'� ato' AND die Party Of the first part, in compliance vvhlr�!��'C&�.I ai lite ben'Laiv, Penants that Ilic.party.of the first part will receive the considerattion [Or this WrivcYance'and Will hold tht right to receive such consid- cration as a trust fund to be applied first for the purpose of iaY'iff9 Life cost of the I upr4cnjeni and Will apply die same"first to the payment of the cost of tire improvement before using any part of the total of the same for any other purpose. The word. "party'.' shallbe construed as it it read "parties" whenever tho:sense.of thisAndenture so requires. IN WITNESS WII#REbF, dicipaky of [lie first part less chily 6xecuied this: deed the day and year first above written. r. In J. LANE CU RR a 11 b en SpIc., Att rl 0j, c4-, I of Flo 10. A ljj!4LU1AAQ Pit L6 PARADISE OF SOUNIOTj D, TNC. RE I if EXPI DEC. . 199 7-5p da . r j 11 ng t4 —/— — S" C A L 0 FLORIDA 10804 M:558 STATE OP WE1'D=KW.. COUNTY OF PAL.PI BEACH SSI On the III Lb day of February, 19 ay, before me personally cam1�e1� GIF.NAN 11AI..LENUECH �dn to b t individual described be in and who executed the foregoing instrument, and acknowledged that he executed the same. Cu �/� lC �rC R.�I.14 aerK C_ 6>t Nu Lar —Public VOTARY PIRRIC. STATE OE FIORIOA Mr "IMMISSIOI1 EXI'lla S DEC. 21. 1991 STATE OF NEW YORK, COUNTY 00 SUFFOLK list On the .7,5f d day of Februot h Ec 19 0, before me personally came John D. Sl ping to me (mown, who, being by me duly Sworn, did depose and say (flat heresidesut (no 4k) Robinson Road, Box 729, Sou Lliold, New York, 11971 that he is file President of PARADISE OF 506TNOLD, INC, , the corporation described in and whirls executed the foregoing Instrument; that be knows the still of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he si) kis nanle tht�to by like order. my ne. s:-,em.los OudIDeJ In Sullelk Countyr� CmnN„lon EaPi,er 0,r_ air 19 e Wargain ana bide Verb WI't'tl CMVXNANT AGAINST GRANTon f ALIS T[ 11.1l NO. CURRY, ET At— TO PARADISE POINT ASSOCIATION, INC. STAIIAAI 1019 OF NEW TER MAKE N 11,1E Di,hibuled by ORRKCAOO IMAM= KNBUnANCU O0I0E1-ANY 0 JERSEY STATE OF HEW PORK. COUNTY o9 I" 1 '� SS On the -I PI day of -/.`�. t. —" 19 1 Y, before In. personally mine GARRY SINNING to nm known to be the individual described in and wh,, executed the foregoing instrument, and acknowledged trial lie executed the same.. , Notary Public C�oNn4Krate ss: STATE 00 i16W-YOEg.COUNTY 00 �Rl tJ Clothe R3`e day of • ebroaYy 19gq , before nm personally mme Chancy Curry Irto me known to be the person describ- ed and appointed attorney in fact ill and by a certain power of attorney executed by J. LANE CURRY, dated May '29, 1987, to be recorded in Lhe Of- fice of the Cleric of the County of Suffolk simultaneously with the fore- going instrument and acknowledged to tire that she had executed the foregn- ling instrument- as t-lle act: of -the s.Aiu 'J. 'LANE CURRY. Q) "' SEMON 081.00 aLOcx 01.00 005.000, 019.000, >; Lar 015.0011, p/o 0.16.000 COUNTY OR TOWN 1800 ll.,dd it Requnl of CHICAGO TITLE INSURANCE COMPANY Rcwrn by PlAl le EDWARD JOAN BOYD V, ESQ. 51655 MAIN ROAD, P. O. BOX 11611 SUtyl'IIOLD, NEW YORK zip Nu. 11971 J 69, Nd az i hi 03J 10116113 0 (2552.2560) OFFICE ADDRESS:• TOWN OF SOUTHOLD• 53095 ROUTE 25 - P.O. BOX 1409 CONSOLIDATED REAL PROPERTY TAX BILL 90UTHOLD NY 11941-0499 DECEMBER 1, 2012 - NOVEMBER 30, 2018. TAXES BECOME A UEN DECEMBER IF THE WORD "ARREARS" IS PRINTED HERE SEE COUNTY TREASURERS NOTICE 473889 81:1-16.10 610 ON REVERSE SIDE. OFFICE HOURS & PHONE MON-FRI 8:00 AM TO 4:00 PM 10 9877 0 90Q MY I$ 7-m- https:llr ll-attachment.googleusercutenLoordattachnwVu ?ui=2811-4e5188fi3"%4eyFatt&tlF14lc29BOD5sf/3d6&atde=0.1&dsp=inline&safe=l&zvAsadLA... 111 VICTOR J. ZUPA ATTORNEYATLAW 580 BASIN ROAD SOUTHOLD, NEW YORK 11971 E-MAIL vzupa&optonline.net ADMITTED: NY,CT,DC,MD October 11, 2013 James F. King, President Board of Town Trustees Town of Southold Southold, NY 11971 Dear Mr. King: 765-6112 OCT 1 5 2013 Re: 1000-81-1-16.10 (the Basin) Application of Paradise Point Association My wife and I received the attached notice of application of the Paradise Point Association in which it applies for a dredge permit as owner the Basin (Lot 16.10). As you know, this has been an ongoing misrepresentation of the Association. The Basin is, and since 1676 always has been, owned by the Town of Southold under the Andros Patent. This matter has been tediously examined and corrected through the administrative process and then litigated at great expense by Southold Town, the State of New York and by us. In 2005, the Supreme Court unequivocally ruled that the Basin is owned by the Town under the Andros Patent. Victor J. Zuoa and Mary S. Zuaa v. Paradise Point Association Inc. Board Of Trustees Of The Town Of Southold and The State Of New York, 04- 11180 (Coholan). This was affirmed by the Appellate Division. This past May we discovered that the Association had the tax roll changed again. The result was a review by the Town Attorney and the attached letter from the Tax Assessor to correct the roll to show proper ownership in the Town Trustees We believe that the Association continually tries to create ownership in the Basin in order to claim that it is an Association "common area" so it can make assessments on residents' properties for use and/or for rent of the Basin. The Association owns no property to dredge, and its application for a permit for 10 years is another attempt to extend an unwarranted proprietary interest so it can assess residents and impose liens. Other residents here have objected as well. Accordingly, we respectfully request that the Trustees require the amendment of the Application so as to properly reflect actual ownership and take no action that expressly or implicitly recognizes the Association's misrepresented property rights. Since ely, Cc Tax Assessor Town Supervisor Robert 1. Scott, Jr., Charman Darline J. Duffy, Assessor Kevin W. Webster, Assessor May 16, 2013 0 BOARD OF ASSESSORS TOWN OF SOUTHOLD Re: SCTM# 1000 -8l. -I-16.1 0 Underwater land at the Basin Paradise Point, Southold, NY To Whom It May Concern: 0 Southold Town Hall, 53095 Route 25 P.O. Box 1179 Southold NY 11971-0959 Fax: (631) 765-1356 Telephone: (631)765-1937 The ownership on the above -referenced property will be changed to the Town of Southold after July 1, 2013, as directed by the Southold Town Attorney's Office. If I may be of further assistance, please feel free to contact my office. Robert I. Scott, Jr. Chairman RIS/cg 0 9 Suffolk Environmental Consulting, Inc. Newman Village. Suite F. 2322 Main Street. P.O. Bos 2(X)3, Bridgehampton, Neje York 11932.2003 (6311537-5160 Fax: (631).537-5291 Bruce Anderson, M.S.. President Via Certified Mallina October 4, 2013 Victor Zupa Mary S Zupa 4565 Paradise Point Rd Southold, NY 11971 Re: Paradise Point Association Property Skuate: Basin Road; Southold Town of Southold, NY Scrm 1f: 1000 — 81-1-16.10 Dear Neighbor(s), This Firm represents the owner of the above referenced property. This property will be the subject of a Public Hearing before the of the Southold Board of Trustees, at Town Hall located at 53095 Main Road, Southold on Wednesday, October 16, 2013, at approximately 5:30 p.m. Accordingly, please find enclosed herewith: Legal Notice concerning subject application; and ➢ Copy of Hydrographic Survey, prepared by Robert Fox, L.S., last dated August, 2013. Please feel free to contact this office should you have any questions regarding this matter. Thank you in advance for your attention and courtesy. Sincerely, It, Diane K. Wassick enc. cc: Mr. Ciampa 0 9 NOTICE TO ADJACENT PROPERTY BOARD OF TRUSTEES, TOWN OF SOUTHOLD I I OCT 1 5 2013 In the matter of applicant: Paradise Point Association c/o Douglas Ciamoa SCTM# 1000-081-01-01610 YOU ARE HEREBY GIVEN NOTICE: That is the intention of the undersigned to request a Permit from the Board of Trustees to: To Perform a ten 1101 Year maintenance dredging of the channel leading into the boat basin to a maximum depth of four (4.0') feet during low tide, and will occur within two (2) areas containing a +/- 4.000 square feet which will result in +/- 700 cubic vards of resultant dredge spoil to be deposited on site. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Westerly terminus of Basin Road. Southold, New York 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: Paradise Point Association Mo Douglas Ciamoa MAILING ADDRESS: 23 Glen Way Cold Spring Harbor, NY 11724 PHONE #: 718-755-8872 Encl: Copy of sketch or plan showing proposal for your convenience. 11 Cantrell, Elizabeth From: vzupa <vzupa@optonline.net> Sent: Wednesday, October 02, 2013 2:13 PM To: Cantrell, Elizabeth Cc: 'Mary Zupa' Subject: RE: The Basin (Lot 16.10) Attachments: BASIN TAX LETTER.pdf 0 Hi Elizabeth Apparently the Paradise Point Association is applying for a dredging permit in the Basin (Lot 16.10). 1 want to make sure your records reflect that the Basin (Lot 16.10) is owned by the Trustees under the Andros patent. See attached letter and email chain below. Vic Zupa From: vzupa fmailto:vzuoa(aloptonline.net] Sent: Tuesday, April 16, 2013 8:47 AM To: 'Cantrell, Elizabeth' Cc: 'Mary Zupa' Subject: RE: The Basin (Lot 16.10) Thanks Elizabeth. From: Cantrell, Elizabeth[mailto:elizabethc(o)town.southold.ny us] Sent: Tuesday, April 16, 2013 8:18 AM To: vzupa Subject: RE: The Basin (Lot 16.10) Mr. Zupa, I have forwarded this email to the tax assessor's office. If you need any further assistance, please contact the assessor's office at 765-1937. Elizabeth Cantrell From: vzupa [mailto:vzupaCaboptonline.net] Sent: Sunday, April 14, 2013 2:52 PM To: Cantrell, Elizabeth Cc: 'Mary Zupa' Subject: The Basin (Lot 16.10) TO: James F. King, President Jim As you know, the Supreme Courtin 2005 decided that the Basin (Lot 16.10) is owned by the Southold Trustees under the Andros Patent. Judge Cahalan's decision of September 29, 2005 states: "Thus, the Court find as a matter of law that the land beneath the water at the Basin is owned by the inhabitants of the Town of Southold." The State of NY and the Southold Trus were parties to that court action. The Otate Office of General Services in Albany which maintains official deeds and records of property owned by the State, and by towns and municipalities submitted its affidavit confirming that fact (attached). This court action was a result of the Paradise Point Association claiming ownership of the Basin so that it could control navigation and charge rental and other fees for private docks in the Basin. The tax map shows that the Basin is owned by the Town of Southold (attached). Unfortunately, I recently discovered that the Southold tax roll shows ownership of the Basin (Lot 16.10) in the Association (attached). Since the Association's claim of rent and other fees has come up again based on this, can you ask the tax office to correct its records? Thanks, Vic VICTOR J. ZUPA 580 Basin Road Southold, NY 11971 E-MAIL vzuoaOootonline.net TELEPHONE (631) 765-6112 FACSIMILE (631) 765-6119 This transmission contains information that is confidential and/or legally privileged. It is intended for use only by the person to whom it is directed. If you have received this e-mail in error, please delete this message and notify us immediately at 631-765-6112. You should not copy or distribute this message or disclose its contents to anyone without the sender's permission May 16, 2013 BOARD OF ASSESSORS TOWN OF SOUTHOLD Re: SCTM# 1000-81.4-16.10 Underwater land at the Basin Paradise Point, Southold, NY To Whom It May Concern: The ownership on the above -referenced property will be changed to the Town of Southold after July 1, 2013, as directed by the Southold Town Attorney's Office. If 1 may be of further assistance, please feel free to contact my office. T- Obert 1. Scott, Jr. Chairman RIS/cg Robert 1. Scott, Jr., Chairman �o�►'�°f son Darline J. Duffy, Assessor Southold Sauhold To O )Box 1 95 Route 25 179 Southold WY 11971-0959 Kevin W. Webster, Assessor Fax: (631) 765-1356 Telephone: (631) 765-1937 May 16, 2013 BOARD OF ASSESSORS TOWN OF SOUTHOLD Re: SCTM# 1000-81.4-16.10 Underwater land at the Basin Paradise Point, Southold, NY To Whom It May Concern: The ownership on the above -referenced property will be changed to the Town of Southold after July 1, 2013, as directed by the Southold Town Attorney's Office. If 1 may be of further assistance, please feel free to contact my office. T- Obert 1. Scott, Jr. Chairman RIS/cg COPY SHORT FORM ORDER INDEX No. 04-22180 SUPREME COURT - STATE OF NEW YORK I.A.S. PART 24 - SUFFOLK COUNTY PRESENT: Hon. PETER FOX COHAi AN MOTION DATE 2-25-05. Justice of the Supreme Court CAL. DATE 5.4.05 Mot. Seq. # 003 - MD # 004 - XMG # 005 - XMG VICTOR J. ZUPA and MARY S. ZUPA, Plaintiffs, against - PARADISE POINT ASSOCIATION, INC., BOARD OF TRUSTEES OF THE TOWN OF SOUTHOLD and THE STATE OF NEW YORK, Defendants. . WICKHAM, BRESSLER, GORDON, et al. Attorneys for the Plaintiffs 13015 Main Road, P.O. Box 1424 Mattituck, New York 11952 MCNULTY-SPIESS, P.C. Attorneys for Deft Paradise Point Assoc. 214 Roanoke Avenue, P.O. Box 757 Riverhead, New York 11901 SMITH, FINKELSLTEIN, LUNDBERG, et al. Attorneys for Defendant Board of Trustees of the Town of Southold 456 Grilling Avenue, P.O. Box 369 Riverhead, New York 11901 ELIOT SPITZER, ESQ. New York State Attorney General 120 Broadway - Room 4-124 New York, New York 10271 --------------------------------------------------------------X Upon dw following papers numbered t tgJ§_ road on [Itis motion and cross-raction for ==Nx1v4gM= and ro_ motion for leave to amand thew Notice of Motion/ Order to Show Cause and suppoMag pepge L:. Notice of Cross -Motion and supporting papers 4 - LZ - L Answering Affidavits and sopponing papers 10+..11: 12_14; Replying Affidavits and supporting papersl5=16;Other_; (and after boning counsel ineuppmt and opposed to the motion) it is, ORDERED that the motion (#003) by plaintiffs Victor J. Zupa and Mary S. Zupa for - summary judgment in their favor is denied; and it is further L V 1 2 2013 Tru Jilul�Id�U iGilt� - 0 0 Zupa v Paradise Point, et al. Index No. 04-22180 Page No. 2 ORDERED that the cross-motion (#004) for summaryjudgment by defendant State of New York dismissing the complaint is granted; and it is further ORDERED that the cross-motion by defendant Paradise Point Association, Inc. for leave to amend the answer by adding a counter claim and an affirmative defense is granted. In this real property dispute, plaintiffs seek to compel the determination of claims to real property known as the Basin, located in the Town of Southold. Defendant Paradise Point Association, Inc. (hereinafter referred to as "Association') is a not-for-profit corporation which was organized as a homeowner's association to provide for the care and maintenance of the common areas of the subdivision known as Paradise Point, which surrounds the Basin. There is no dispute that the Basin constitutes navigable tidal waters. Plaintiffs purchased lots five and six at 365 Basin Road in 1998. Plaintiffs subsequently requested a permit to build a dock at the end of lot five which abuts the Basin. The record reveals that the Town Trustees placed the following restrictions upon the construction: that it be constructed parallel to and within three feet from the bulkhead.' Plaintiff Mary Zupa also purchased a waterfront vacant lot in 2002 which is encumbered with an easement for the Association members to access a private marina and dock over the Basin.' Defendant Association claims ownership of the Basin by virtue of having acquired title by deed dated February 23, 1989 from the grantor, Paradise Point Corporation, and also claims that it has possessed the Basin adverse to all, prior to the delivery of the deed since the dock was in existence for approximately 40 years. In contrast, plaintiffs allege that as upland owners, they have fee title to a portion of the Basin which lies in front of their property at 365 Basin Road. They claim that their deed from the common grantor, the Paradise Point Corporation, is prior in time to that of the Association's. In addition, plaintiffs claim that the Association's dock extends across the entire front of plaintiffs' property end interferes with their riparian rights. Plaintiffs move for summary judgment in their favor; for a declaration that they are joint owners in fee simple of the proportionate share of the bed of the Basin and for injunctive relief barring others from interfering with their riparian rights. The Association cross -moves for leave to amend the answer and the State of New York cross -moves for summary judgment dismissing the complaint as against it. ' The Board of Town Trustees, by letter dated October 27, 2000, infomced plaintit6 of the resolution on October 25, 2000 granting plaintiffs' permit "to install two singlapile dolphins to stabilize the ramp and dock with the condition that they extend no more than three feet out from the bulkhead." ' By Order dated August 2, N 2004 (Loughlin, ghlin, J.), the Cour upheld the detmmination of the 7.011ing Board of Appeals and diamisaed the Article 78 Petition brought by petitioner, Mary Zupa, carfimdng the Board's finding that the Association's use of the vacant parcel for the maintenance of the docks constituting a private marine was a valid pm -existing non -conforming use. LN V 1 2 2013 Zupa v Paradise Point, at al. Index No. 04-22180 Page No. 3 Initially, defendant Association's motion for leave to amend the answer to include an affirmative defense of statute of limitations and a counterclaim is granted. Inasmuch as leave to amend one's pleadings is to be freely granted absent prejudice or surprise to the party opposing the motion (Fahey v County of Ontario, 44 NY2d 934,408 NYS2d 314 [ 1978]; Armstrong v Pear, Marwkk, Mitchell & Ca, 150 AD2d 189, M, 540 NYS2d 799 [19891), and there is no such showing here, the motion is granted (see, Morteier v 142-144 Green Street Corp., 173 AD2d 797, 571 NYS2d 32 [1991]). As to defendant State of New York's cross-motion for summary judgment, the State denies a claim of title or interest in the Basin. In support, the State submits an affidavit of Richard W. Bennett, who avers that the Basin was part of a grant to the inhabitants of the Town of Southold, by Letters Patent dated October 31, 1676. Mr. Bennett further states that the records of the New York State Office of General Service, the agency responsible for maintaining records of sovereign lands, including lands under water, indicateithat the land is not owned by the State. Plaintiff offers no opposition to the cross-motion. Thus, the Court Sadi)p a matter of law6hat the land beneath the water at the Basin is owned by the inhabitants of the Town of Southold. Accordingly the cross-motion is granted dismissing the complaint as against the State of New York. In support of their motion for summary judgment, plaintiffs submit, inter aha, the personal affidavit of Victor Zupa; copies of the deeds in the chain of title to their properly; and various maps and pictures of the area. Mr. Zupa avers that because of the close proximity of their dock to the Association dock and boats tied to it, plaintiffs are unable to tum their boat around and it frequently hits bottom during low tides. Plaintiffs further allege that they have not joined the Association and object to paying its fees. However, the plaintiffs' deed and the dads of their two predecessors in title reveal certain covenants and restrictions, several of which / pertain to operating and maintaining the boat basin, of which all the members of Paradise Point ✓. have in common. The restrictions also state that each owner of a lot within said promises shall join the Paradise Point Association, Inc, and maintain membership therein and abide by the rules and regulations of the Paradise Point Association Inc. In addition, the covenants and restrictions also state, "these covenants and restrictions shall run with the land and shall be construed as real covenants and restrictions attached to and running with the land" The owner of land abutting a navigable tidal waterway has the right to use the area over the underwater land fronting on his property for access to navigable water, even if title to the underwater land is held by another (see, Torany v Oyster Bay, 234 NY 15, 1922 NY LEXIS 613 [ 1922]; Trustees of Brookhaven v Smith, 188 NY 74, 1907 NY LEXIS 1107 [19071; 3 Warren's Weed, New York Real Property, Land Under Water, §§ §§ 1.02[2]; 6.02[3]; 6.05[3]; 6.06[1] [3d ed]). "The right of access comprehends the reasonable, safe and convenient use of the foreshore for navigation, fishing and such other purposes as commonly belong to the riparian owner, exercised in a reasonable manner" (Town of Hempstead v Oceanside Yacht Harbor, Ina, 38 AD2d 263, 264, 328 NYS2d 894 [1972], aj%d 32 NY2d 859 [1973]; Brava v Tersidege, 196 _... a._T A 11 NOV 1 2 2013 Zupa v Paradise Point, et al. Index No. 0422180 Page No. 4 AD2d 473, 601 NYS2d 129 [ 1993]). As has been frequently said, the term "reasonable" is relative, taking on color and significance from the circumstances (cf. United Paper Board Co. v Iroquois Pulp & Paper Co., 226 NY 38, 45, 1919 NY LEXIS 830 [1919]). In this case, plaintiffs are not entitled to exclusive ownership of a proportionate area of the Basin and have introduced no evidence that the defendant Association's use is unreasonable. The record reveals that the Association dock was in existence well before plaintiffs purchased their property. In addition, plaintiffs constructed a dock of their own in 1998 with knowledge that they were restricted by the Town Trustees in size and proximity to their bulkhead in order to provide reasonable access to the Association members at its marina and dock. As a result, there is no need to grant injunctive relief to plaintiffs and any temporary injunctive relief previously granted is hereby vacated at this time. Moreover, the Court declines to rule in favor of plaintiffs on a matter contrary to the covenants and restrictions which are in their direct chain of title and run with the land. Inasmuch as plaintiffs have failed to prove their prima facie entitlement to judgment as a matter of law, the burden never shifted to defendant Association to demonstrate the existence of material issues of fact that require a trial on the action (Peters v FronderHot- Dip Gaivaniring, 222 AD2d 1113, 635 NYS2d 904 [1995]). Accordingly, plaintiffs' motion for summary judgment is denied. Dated: SEP 2 9 2005 �& .0. J.S.C. _ FINAL DISPOSITION ,g_ NON -FINAL DISPOSITION N OV 1 2 2013 y {, + A t INil G 0 James F. King, President Bob Ghosio, Jr., Vice -President Dave Bergen John Bredemeyer Michael .1. Domino Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: % Q^ 9 //-� P.O. Box 1179 Southold, NY 11971 Telephone (631 765-1892 Fax(631)765-6641 Suffolk Environmental Consulting on behalf of PARADISE POINT ASSOCIATION requests a Wetland Permit for a ten (10) year maintenance permit to maintenance dredge the channel leading into the boat basin to a maximum depth of four feet (4.0') during low tide, and will occur within two (2) areas containing +/-4,000 square feet which will result in +/-700 cubic yards of resultant dredge spoil to be deposited on site. Located: Basin Road, Southold. SCTM# 81-1-16.10 & 16.11 Type of area to be impacted: _Saltwater Wetland _Freshwater Wetland _Sound _Bay Distance of proposed work to edge of wetland Paytof Town Code proposed work falls under: _Chapt.275 _Chapt. 111 _other Type of Application: —Wetland _Coastal Erosion _Amendment _Administrative_Emergency _Pre -Submission Violation Info needed: Modifications: Conditions:&V #:�v MygI -fi3>( L� S �/e�r;-- Present Were: Zi. King Z. Ghosio D. Bergen, -'� J. Bredemeyer Michael Domino D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: m 'A May -18-06 03:19P Irw-Science Jamaa K King, President Jill M. Duherty, Vile -President. PrKKY A. Dickrnon Dave Bergen Jolutllolzapfel February 15, 2006 .r 6.283 5974 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Mr. James Walker Inter -Science Research Assoc., Inc. P.O. Box 1201 Southampton, NY 11968 RE: PARADISE POINT ASSOC. BASIN RD., SOUTHOLD SCTM#81-1-16.1816.7 Dear Mr. Walker: Town ►-HaII 5-10145 Houle 25 P.O. BOX 1179 Southold, New York 11971-0859 Telephone (6 Y t) 765-1892 Fax (671) 765.6641 The Board of Town Trustees took the following action during its regular meeting held on February 15, 2006 regarding the above matter: WHEREAS, Inter -Science Research Assoc., Inc. on behalf of PARADISE POINT ASSOC. applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated January 18, 2006, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their rindings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on February 15, 2006, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 97 of the Southold Town Code, P.10 May -18-06 03:19P Inof- Science - 60283 5974 P.11 WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of PARADISE POINT ASSOC. to maintenance dredge two areas within the basin and inlet. The inlet area being 50'X 130' and the basin area 50'X 100'. Both areas are to be dredged to a max. depth of 4' below apparent low water. A maximum of 1000 cy. of material (combined) may be removed from the two areas in any calendar year, and all in accordance with the plans prepared by Inter -Science Research Assoc., Inc. dated March 8, 2006, and subject to the following conditions: Permit fee is $10.00 per cubic yard. 2006 fee is $1900.00 based upon contractor invoice for 190 cubic yards. Contractor invoice to be provided to the Town. West jetty box repair to be completed prior to dredging. West jetty box to be repaired per plans submitted to the Town. Dredge spoil disposal is west jetty box and then up to 50 cy. of dried material landward of the line of apparent high water on the beach seaward of the bulkhead on SCTM#81-1-18.7, and the remaining spoil, if any, to be removed to an approved upland source, per diagrams supplied to the Town. The association will complete the dock adjustments provided for in the Town approval. This work will be done by May 1, 2006. The work will consist of removing the outermost floating dock and relocating it to the main floating dock in the configuration approved by the Town. Furthermore, the secondary floating dock and ramp will be removed and the third dock will be removed. The secondary floating dock can be used as a finger pier and will be relocated to the main floating dock in the configuration approved by the Town. Dock configuration to comply with Permit #6209 issued on September 21, 2005. Permit will expire on April 30, 2010. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, James F. King President, Board of Trustees JFK/Ims PARADISE POINT ASSOCIATIONProperty Situate: West of westerly terminus of Basin Road; Southold, New York SCTM #: l000 - osl - of - om.10 (Photo taken on flupist 1, 2013) Photograph indicating the entrance into the Channel to the Paradise Point Boat Basin. Photograph taken from the north of the site, within Southold Bay, facing south. AUG 2 7 2013 PARADISE POINT ASSOCIA TION Property Situate: West of westerly terminus of Basin Road; Southold, New York SCTM #: 1000-081-01-016.10 (Photo taken on f4ugust i, 20l s) Photograph indicating the entrance into the Channel to the Paradise Point Boat Basin. Photograph taken from the north of the site, within Southold Bay, facing south. PARADISE POINT ASSOCIA TION Property Situate: West of westerly terminus of Basin Road; Southold, New York SCTM #: 1000 — os 1 — of — 016.10 (Photo taken on .4ugust 1, 2018) Photograph indicating the recently reconstructed bulkeading along the west side of the Channel leading into Paradise Point Boat Basin. Photograph taken along the westerly shoreline, facing north towards Southold Bay. PARADISE POINT ASSOCIA TIONProperty Situate: West of westerly terminus of Basin Road; Southold, New York SCTM #: 1000-081-01-016.10 (Photo taken on August 1, 2013) Photograph indicating the recently reconstructed bulkeading along the west side of the Channel leading into Paradise Point Boat Basin. Photograph taken along the westerly shoreline, facing north towards Southold Bay. PARADISE POINT ASSOCIA TION Property Situate: West of westerly terminus of Basin Road; Southold, New York SCTM #: 1000 — os 1 - 01 - 016.10 (Photo taken on August 1, 2019 Photograph indicating the current conditions of the Channel leading into Paradise Point Boat Basin. Photograph taken along the westerly shoreline, facing southeast towards the basin. PARADISE POINT ASSOCIA TION Property Situate: West of westerly terminus of Basin Road; Southold, New York SCTM ##: 1000-081-01-016.10 (Photo taken on August 1, 2078) Photograph indicating the current conditions of the Channel leading from Paradise Point Boat Basin out to Southold Bay. Photograph taken along the westerly shoreline, facing north towards Southold Bay. PARADISE POINT ASSOCIATIONProperty Situate: West of westerly terminus of Basin Road; Southold, New York SCTM #: 1000 — 081 — 01 — 016.10 (Photo taken on 4ugust 1, 2013) Photograph indicating the current conditions of the Channel leading from Southold Bay to the Paradise Point Boat Basin. Photograph taken along the westerly shoreline, facing south. PARADISE POINT ASSOCIATIONProperty Situate: West of westerly terminus of Basin Road; Southold, New York SCTM #: 1 000 - os 1 - o 1 - o m.1 o (Photo taken on August 1, 2013 Photograph indicating the current conditions along the shoreline to the immediate west of the Channel leading into the Paradise Point Boat Basin. Photograph taken from the west of the Channel, facing east, along Southold Bay. PARADISE POINT ASSOCIA TION Property Situate: West of westerly terminus of Basin Road; Southold, New York SCTM #: 1000 — os 1 — 01 — 016.10 Rd takaP°� 1000 feet 250 m MNn aa"`e"' Rd arc tis 3 00 1 1 Prrvare Rd Cela. Beoch W Creek w,r 3 cedar Reach ry cnraea 3 �aE co.nty Park a r, SUBJECT 'G' PROPERTY reey"n port s' r o K Harbor N°cwp Shelter Island Heights G o r d'^ 1 p p n j Bf15 Cants Fut Ink, Southc•� Shelter Island wau SINer Beam Neek s ah C°e° Peconi<zs LYaes shelf er Horbar uiaae it, Mr c°.r Co." talarge SosrnJ North Haven Narfhwert P*k Lanciirt Horbw z curchaque Station Great a Waterville aeJ Yecorric Cutehogue Noyaek Bav . Sag Hnrbae Boy c Nonnwecry� Bay Lana. R d New Suffolk Sag Harbor a$ Mattituek rvaw soq°k AVe Noyaek "e »c^ r sa°`AFA na Laurel F c 79 SUBJECT PROPERTY N Perish Dr NarfhRea� c LES 'akiar Lr a w'U'°« e� Sh 1 5 a D k a a a Baha Rd ,kPaa Reydon Shores 5 o OBk D. Rd tY o Basan N Bayvkry Road a e N 8-M. Rd bb,gy e In d o � � eda Rd 01 n z 8 � G Long WUnd r u v L J cedar Bexh Rd Rd takaP°� 1000 feet 250 m MNn aa"`e"' Rd arc tis 3 00 1 1 Prrvare Rd Cela. Beoch W Creek w,r 3 cedar Reach ry cnraea 3 �aE co.nty Park a r, T E 0 a OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 40UNV" 0 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1935 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: October 15, 2013 Re: LWRP Coastal Consistency Review for PARADISE POINT ASSOCIATION SCTM#1000-81-1-16.10 & 16.11 Suffolk Environmental Consulting on behalf of PARADISE POINT ASSOCIATION requests a Wetland Permit for a ten (10) year maintenance permit to maintenance dredge the channel leading into the boat basin to a maximum depth of four feet (4.0') during low tide, and will occur within two (2) areas containing +/-4,000 square feet which will result in +/-700 cubic yards of resultant dredge spoil to be deposited on site. Located: Basin Road, Southold. SCTM# 81-1-16.10 & 16.11 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed actions are CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Peter Young, Chairman Lauren Standish, Secretary 0 rpsuFFot f� 9 Conservation Advisory Council Town of Southold Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax(631)765-6641 At the meeting of the Southold Town Conservation Advisory Council held Wed., October 9, 2013 the following recommendation was made: Moved by John Stein, seconded by Doug Hardy, it was RESOLVED to SUPPORT the application of PARADISE POINT ASSOC. to maintenance dredge the channel leading into the Paradise Point basin from Southold Bay to a maximum depth of 4' during low tide and will occur within two (2) areas containing 4,000 sf. which will result in 700 cy. of resultant dredge spoil to be deposited on site. Located: West of westerly terminus of Basin Rd., Southold. SCTM#81-1-16.10 Inspected by: Peter Young, John Stein Vote of Council: Ayes: All Motion Carried 0 i Rage eTnintAuocktion, Inc soutfiiW NY September 30, 2013 Southold Board of Trustees P.O. Box 1179 Southold, NY 11932 Re: Proposed dredging of the Paradise Point Boat Basin and Inlet Dear Sirs: I am the President of the Paradise Point Homeowners Association. This correspondence is to make you aware that the entire Board of Directors of the Paradise Point Homeowners Association are completely aware and are in full support of the dredging application before you. We are all hopeful that this important project can be approved at your October meeting so that the basin and it's inlet may be dredged this winter. Yours T , President Point Homeowners Association Cc: Bruce Anderson, President Suffolk Environmental Consulting Inc. 0 0 Suffolk Environmental Consulting, Inc. Newman Village, Suite F. Main Sweet, PO. Box ='.003, Brideehampton. New York 11932-2003 (631)537-5160 Fax: (631)537-5201 Bruce Anderson. M.S.. President September 27, 2013 Ms. Elizabeth Cantrell Board of Trustees Town Hall P.O. Box 1179 Southold, NY 1.1971 Re: PARADISE POINTASSOCIATION Application Situate: Basin Road; Southold, New York SCTM #: 1000 — os 1 — 01 — 019.10 Dear Ms. Cantrell, As per our discussion this morning concerning the above referenced application, please allow this correspondence to clarify that we wish for our application to specify for a ten- year maintenance dredge allowance. Consequently, our project description is to read as follows: Applicant proposes to perform a routine maintenance dredging of the Channel leading into the Paradise Point Boat Basin from Southold Bay. The proposed dredging will be to a maximum depth of four feet (4.0') during low tide, and will occur within two (z) areas containing 4, 000 square feet t which will result in 700 cubic yards t of resultant dredge spoil to be deposited on site. Please define this proposed dredging to be a ten-year maintenance dredging. Kindly maintain our schedule for the next available Board of Trustees' meeting at the earliest opportunity. Should you have any questions regarding this matter, or require additional information, please feel free to contact this office at any time. Thank you in advance for your cooperation. Sincerely, Matt D. Ivans attach. CC: D. Ciampa Office Use Only Coastal Erosion Permit Application X Wetland Permit Application Administrative Permit Amer men t/Transfer xtension —Z jeceived Application: 2 Received Fee:$ Completed Application: 2 Incomplete: SEQRA Classification: Type I Type II Unlisted_ Coordinatiomdate sent) LWRP Consistency Asses me tt Form: ii"1/13 Dale of Inspection: Receipt of CAC Report: Lead Agency Determination Technical Review: Public Hearing Held: Resolution: AUG 2 7 2013 Name of Applicant PARADISE POINT ASSOCIATION Wo Douglas Ciampa) Address 23 Glen Way: Cold Spring Harbor, NY 11724 Number: (718) 755 - 8872 Suffolk County Tax Map Number: 1000-081-01-016.10 Property Location:_ To the west of the westerly terminus of Basin Road: Southold, New York (provide LILCO Pole #, distance to cross streets, and location) AGENT: Matt D. Ivans @ Suffolk Environmental Consulting. Inc. (If applicable) Address: P.O. Box 2003: Bridgehamnton, NY 11932 Phone: (631) 537 — 5160 Board of Trustees GENERAL DATA Land Area (in square feet): 78. 400 square feet t Area Zoning: Previous use of property: Boat Basin & Channel Intended use of property: Boat Basin & Channel Covenants and Restrictions: Yes X No If "Yes", please provide a copy. Does this project require a variance from the Zoning Board of Appeals Yes X No If "Yes", please provide copy of decision. Will this project require any demolition as per Town Code or as determined by the Building Dept. Yes X No Prior permits/approvals for site improvements: Agency Date Board of Trustees Permit No. 7881 Tuly 18. 2012 No prior permits/approvals for site improvements. Has any permittapproval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide Project Description (use attachments if necessary): Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purposes of proposed activity: dredge spoil to be deposited on site Area of wetlands on lot: N/A square feet Percent coverage of lot: N/A % Closest distance between nearest existing structures and upland edge of wetlands: 0.0' t feet (existingBulkheading) Closest distance between nearest proposed structures and upland edge of wetlands: N/A feet (proposed Dredging only) Does the project involve excavation or filling? No X Yes If Yes, how much material will be excavated? 700.0 ± (cubic yards) How much material will be filled? (cubic yards) Manner in which material will be removed or deposited: Material will be removed via typical clamshell dredge by bare and transferred to onshore trucks for removal. Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): No impact to the tidal wetlands is anticipated in that this proposal has been routinely approved (i.e., Town of Southold Board of Trustees Wetlands Permit No 5161 issued May 15. 2000. for "Maintenance dredge..") and will be performed with the least amount of disturbance to the surrounding environment 0 E 14-16-4 (9/95) -Text 12 617.20 SEQR PROJECT I.D. NUMBER Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1- PROJECT INFORMATION To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Suffolk Environmental Consulting, Inc. PARADISE POINT ASSOCIATION Property 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc. or provide map) To the west of the westerly terminus of Basin Road; Paradise Point; Town of Southold, New York SCTM #: 1000-081-01-016.10 5. IS PROPOSED ACTION: ® New ❑ Expansion ❑ Modificationtalteration 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to perform routine Maintenance Dredging of the boat basin and inlet. Please refer to the attached Project Description and Project Plans for all project specifications. 7. AMOUNT OF LAND EFFECTED: Initial) <0.2acres Ultimate) <0.2acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ® Yes ❑ No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ®Residential ❑Industrial ❑Commercial []Agriculture ❑Park/Foresf/Open space ❑Other Describe: Private single family residences with related appurtenances. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENT AGENCY (FEDERAL, STATE OR LOCAL)? ® Yes []No If yes, list agency(s) and permittapprovals Army Corps of Engineers Authorization; New York State Department of State General Concurrence; New York State Department of Environmental Conservation Wetlands Permit. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑ Yes ®No If yes, list agency(s) and permittapprovals 12. ASA RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑ Yes ® No I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Matt D. Iv2d"—" Suffolk Environmental Consulting, Inc. Date: July 31, 2013 Signature: If the action is in the Coastal Area, and you are a ita;.-aiency, complete the Coastal Assessment Form before proceeding with this assessment 0 0 OVER PART II- ENVIRONMENTAL ASSESSMENT (To be comoleted by Anenrvl A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.12? If yes, coordinate the review process and use the FULL EAF. ❑ Yes ❑ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. ❑ Yes ❑ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archeological, historical or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitat, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or change in use or intensity of use of land or natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ❑Yes ❑No D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑ Yes ❑ No If yes, explain briefly PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c ) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the CK mis oox IT you nave wennnea one or more potenaany large or to the FULL EAF and/or prepare a positive declaration. occur. ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agency Print or Type Name of Responsible Officer Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different From responsible officer) 2 0 0 PART If - IMPACT ASSESSMENT o be Completed by Lead A en . A, Dr-O--E-fS AdTION EXCEED ANY TYPE t UVESNOID IN 6 NYCRR, PART 6ITA? If yes. coordinate the review process and use the FULL EAF. u Yes. 0 No 6 vm.L ACTION REcEAVE COORDINATED REVIEW AS PROVIDED FOR UWSTTD ACTIMS IN 6 NYCRR. PART 617.67 IfNo, a negative 6677may be superseded by Shadier Involved agency. Yes No. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Anaeds "may be handwrttea, If legible) . Cl. Exisgrq sh Quafigr, surface orgrounclor ter 4uafily or quanw. noise levels, elddtrg traffic paltarR sofid waste production or disposal, _potenami far erosbn, dtalna9e of taodkV problems? E*plah bdety: . CZ AestLet4agsiadlual,andseoalogleel,fisbrtc,orotlsxnaWwlrxaAltxatreabunas:af .ar dsamctar'tCyplala CS. Vageta6on or fish. ShArtshor ;pedes, sigd6cant habitabl, or tlSeatenedorendatgered sp'edes? Fxpia n y C4. A erd86ng plans orgoals as offidaay adopted. a a"chargein use or in of use orlard orotief mum resources? Explain brWr. L. C5. subsequent development, or related ad'whies likely to induced by We proposed action? Explain brieay: C6. Long tem, ~ lam, cumNaave, or other Of—d not klenafied in C1-05? Explain bdeay" .:. C7: Odiet knPacts find0dirg ch!nrs In use of otffw quentKyor type of 7 Explain bdep . O. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT ENVIROMMENTALAREA 7SUSrEMCAUSED THE ESTAEMi OF A CRITICAL_ . .. Q Yea Q He E 18THOMOR18 - RELATED TO POTENTIAL ALWACM H soft— ' O Tres ©No P#WN-OEfEOMMTMOFSWUMM Mgobeaonplefedt7'A~ - EnTi 1CVIOW FoyttaohedtralsaelfootlQet�Redad>rne.de6amlkLovAletlLafitisttit>s�ofied alfaatNloEdd ba ataeBaed N edawetdn 1tMII Na (al tieltlng (Le. taban or area (� plottelltf<y OpDEaP�!�PeK � �Atdt. If flapassw% add abdlnleRls ar L�twgt applxtln( atlRoiaLrtdef6MbafawxatatlrekvaldadYetae hnaaeLrma. m.e�• -_ ....n �._r.,... 0stdLHeboalf)tiuhaNsidellAledanoarmaePoteR9aflYial9doraWlAAcaftadvrrmirysdssMkh6f oocur.ThenMaoaeddNo**0VeF FJIF andkrprepare a Positive dedaraton. Chock tis boxI(7W4ays dGWad Sed, based on fife Ifftnnaton and &-Wyatt above and any -Vp.&V documentayan, IW the proposed a WILL NOT ML4 In any sigt0mv( adverse envbomertat kWads AND provide, on. attadarords as necessary, the reasons mWordrg detersnksadors" Board of Trustees Name of Lead Agency ki F -s F. IL / A70 Pmt or Type Name of Responsible /of ;Ker 1. Lead Agency Yom"- 0 / ocr Dale zy ol3 President n Tide or Responsible Officer PROJECT DESCRIPTION for the PARADISE POINT ASSOCIATIONApplication Situate: West of westerly terminus of Basin Road; Southold, New York SCTM #: 1000-081-01-016.10 Applicant proposes to perform a routine maintenance dredging of the Channel leading into the Paradise Point Boat Basin from Southold Bay. The proposed dredging will be to a maximum depth of four feet (4.0') during low tide, and will occur within two (2) areas containing 4,000 square feet ± which will result in 700 cubic yards ± of resultant dredge spoil to be deposited on site. 0 0 FORM - 06/10 Commission Expires Januar Town of Southold A Erosions Sedimentation & Storm -Water Run-off ASSESSMENT FORM _." PROKMY LOCATnN: S.e.T.M. a:46- " 1000-081- 01 -016.10 E YEUBM ION OF A CO „.. -6MW- RIO �' -"17— C O RISL SCOPE OF WORK - PROPOSED cONST ucnoN rr EM # / WORK ASSESSIKENT Yes No a. What Is the Total Area d the Project Parcels? 1 this Project M Storm, -Water Run -Off (InckWe Total Area of at Parcels boated within 1.8 acres ± the Scope of Work for Proposed Construction) Ge TwoRet( Generated by Two (2' inch Rainfall on Sithe (S.F. r 11°01) I Rem will inckrde all run-off Created by a b. What W the Total Area a Land Clearing dm dearkq and/or conatrUdlon ectlNtas as wee as lip well a end!« Ground Disturbance for the proposed < 0.2 acres ± Site Improvements and the permanent creation of construction a~(s.F. r nun) Impervious surfaces.) Z Does the Site Plan andlor Survey Stow An Proposed PROVIDE BRIEF PROJECT DESCRIPITON t�u.eemwmr veew wrrrrawe Drainape, Structures Indicating Size d Location? This a Item shall Ir"We all Proposed Grade Changes and Applicant proposes to perform a routine Slop" Controlling Surface Water Flow. $ Does the Site Plan and/or Survey describe the erosion a and sedkne"tcontrol practices that will beused to ea,h A sire erosion and storm water discharges. This maintenance dredging of the Channel leading into the Paradise Point Boat Basin from Southold Bav The proposed dredging will be to a maximum depth tem must bemaintained throughout the Entire Construction Period. 4 wig nils Project Require any Land FMkV, Grading or UNDERWATER GR Excavation where Utero Is a change to the Natural ExWngGrade Involving more than 200Cubic Yards _ of Material within any Parcel? 5 Will this Application Require Land Dhskabhng Activities Encompassing an Area In Excess of Fhre Thousand ❑ Of four feet (4.0') during low tide, and will occur within two (2) areas containing 4. 000 square feet ± which will result in 700 cubic yards ± of resultant dredge spoil to be deposited on site. (5.000 S.F.) Square Feet of Ground Surface? 6 Is there a Natural Water Course Runnhg trough one Site? Is Vft Profed wlWn the Trwtm jurisdctbn ® — or wftn One Hundred (IW) bel of a Wetland or general OEC $WPPP tteawmments: au(mipbn or ■ sWPPP b requted for an conawcam Wwaies tnvd ft sa Beach? dkwrbenwasaarelt)«mac �oee; twkaakq dimxbrhoosalass ern one ere tial a a Will there be Grade Sbpes % preparation on M ped we uki law Plan aur May dkmab one « male sones a rad: ertkhg which Exceed Fifteen (15)TeetsVertical Rise to khdudkhg Consbrullonac#dks khvohky gall dbnstisnces of Wes sun one (1) acre rhes One Hundred (1001 of Horizontal Distance? Elx the DEC has defrMirwd sur a SPOEspema b rsqulredm , for WOW dfedww. (SWPPPU $blit meat lir kYihtnran ReVinments of the aPOES General Permit 8 Will Driveways. Parldrhg Meas or other Impervious f r sarin Watr Discharges son Corutrueaon acavey • Permit No. OP4MG- M.) Surfaces be Sloped to Direct Sbmn-Water Run�Ot a 1. The 0000 shelf bep"WW prem the aWMNal of the Not The Not OW be Into and/or M the direction of a Town right-of-way? submitted a the Depattrunt tit« to me oomroar=t uM of oommrcl on adi fy. 2.Tho$WPPPshd dssuEsaurcebnaedsedkruamvb precsasand wture 9 We tris Project Require to Placement of Material, reputed,pwlaawbualgl samhwnaw merraenant rsceas that wit be used&Ww Removal of Vegetation andfor to Construction of any wmmuded to reduce to pch tants in swm ~d suhm ges and a assure ''vftdw Item Within rte Town Right -of -Way or Road Shoulder arry11_ WmsaldooAftmaNb MmLinodAimft$WPPPerw polraM Wmas ofpolWTre on which y reasonably be exparea am to tiro Areal lith. r.mramawaswkwrrmaarwr+r+foremJ aitam)wMrdbwtrrges. NOTE: NArw AnewrsnQWAI&u One dWough Nkw Is Answandefths chuck Mark 3. AN$wiPP7 art require the pcvto bWbn sWm www nwagnua pnxtloe In s Box and the e061nrctknilM Odurbance lir bMvrserr Adds S.F. A t Ann In area, cohponwal 0"bePrepared by a VAINed Deftn Profnimai Uorwed In New Ywk that Is h the WkWOes end practices of nr Samwater Mruprrent aaarn-waw.OriWAMOaMpk t Hasan Carta Plan isRpubW by the Townes 0ouahotd and Must be aubmalMedfor Review POWtoIssuance OfArgl ttutdng Penin. ROM AD" hb*(i) rdlcrPr lir itch Queom is aapred br•Omuta APpraadm) S7ATFOFNEW YORK, SUFFOLK SS OBRUCE A AONDERSON O�Sl1FfbEk......" ENVIRONMENTAL CONSULTING, INC. being duly swam, deposes and says that he/she is the applicant for Permit, -. (Name ai+avnarspNp Uoaaaea) AGENT And that he/she is the .................................................................................................................................................................. (owhr. cnkaaor. AgarM1, darpral: Omer. rnj Owner and/or representative of the Owner or Owners, and is duly authorized to perform or have performed the said work and to snake and file this application; that all statements contained in this appfication are true to the best of his knowledge and belief, and that the work will be performed in die manner set forth in the application filed hercwi Sworn to before me this; -4511W ......�................................... Sy ....vGv T �rm rr J-����������jNattheWlT",v8A3 Notary Public :...... ... ... No,- Inc o1J9New York M59....... ............. .........._................ ...................... untV (signaua aAgAcre) FORM - 06/10 Commission Expires Januar 0 0 Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (63 1) 537-5160 Bruce Anderson, M.S.. President October 8, 2013 Mr. James King Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Re: Paradise Point Association Property Situate: Basin Road; Southold Town of Southold, NY SCTM #: 1000 - 81-1-16.10 Dear Mr. King, Fax: (631) 537-5291 OCT 1 0 ?T3 As you know this Firm represents the owner of the property referenced above who is seeking to improve thereon. As per the hearing requirements of the Southold Board of Trustees I enclose herewith: ➢ Affidavits of Mailing dated October 4, 2013, with certified receipts attached to all abutting property owners. Please be advised that we will forward to you the green receipts cards as we receive them. Should you have any questions concerning this matter, please contact this office at any time. Thank you in advance for your attention and consideration. Sincerely, I � i Diane K. Wassick enc. cc: Mr. Ciampa T 0 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: SEE ATTACHED STATE OF NEW YORK COUNTY OF NEW YORK Address: Suffolk Environmental residing at 2322 Main St.; Newman Village Suite E; P.O. Box 2003; Bridgehampton, NY 11932 being duly sworn deposes and says that on the day of�['T1r?�i , 2013, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Bridgehampton , that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this K day of 00,;b$illl , 2013 Public Matthew D. (vans Notary Public of New York No. 01lV6653859 Qualified in Suffolk County Commission Expires January 22, 20V • PODISE POINT ASSOCIATION PRO10TY ADJACENT PROPERTY INFORMATION 1000-81-1-16.10 81.4-16.3 81.-1-16.12 Richard Makely IliasTheodoropoulos PO Box 1244 Panayiota Theodoropoulos Southold, NY 11971 3808 Bell Blvd Bayside, NY 11361 82.-1-16.8 Ronald Hermance 81.4-16.11 Kris Hermance Para 589 Upper Blvd 4 Ridgewood, NJ 07450 -'Southold, NY 11971 81.4-16.7 Mary S Zupa 580 Basin Rd Southold, NY 11971 81.-1-16.10 Paradise Point 95soc 4800 Pa se Point Rd Southold, NY 11971 81.-1-10.1 Steven T Kolyer Andrea Kolyer 2 Gristmill Ln Manhasset, NY 11030 81.-1-13.1 Victor J Zupa Mary S Zupa 4565 Paradise Point Rd Southold, NY 11971 81.-1-7 Edward J Boyd Cedar Beach Rd PO Box 1468 Southold, NY 11971 81.-1-8 Donna Mortimer 503 Bayville Rd Lattingtown, NY 11560 CERTIFIED MAIL _CEIPT (Domestic Mail Only; No Insurance Coverage Provided? For delivery info:rnaliou visit our v:eb,it, at vrvw.uspscoal PS ]. Aug <1211UG q .c fu( hl 1icllons U.S. Postal Service - CERTIFIED MAIL RECF:IP. (Domestic Mail Only No Insurance Coverage Provide mm For delivery information visit our website al .J97 Seo S,uv­' ;a for Inst rue r-' VS Poem WIII Auqu 1 21,116 U.S. Postal Service CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery infonnautio visit our webs?e al rrvfv-A sp:. cam_ IS Form -III0 Auyu.t 20 ),, ..�.. Iii\'C���' Or lil�llUClioll� U.S. Postal Service :. 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H• -.use lot m.aru.I, n, U.S. Postal Servicer, CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provide For delivery information visit our website at www.usps.com U.S. Postal Services, CERTIFIED MAIL,, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com F5 rurm 3800. August 2006 .x•e RPv r11 for InsLuetlons r ; Fon,, 3800. AugueI U.S. Postal Service CERTIFIED MAILi, RECEIPT (Domestic Mail Only; No Insurance Coverage For delivery information vast our website at wvrr,,t s U.S. Postal Service CERTIFIED MAIL., RLi-L& I (Domestic Mail Only; No Insurance Coverage Prova , For delivery information visit our website at www 1 �1 , i n 3800. Au gust 200fi Sec Reverse for htslrtwtlons nS Porm 2006 3800. August 21106 Sec Reverse for o i. 0 C3 N Postal r C CERTIFIED MAIL, RECEIPT MAIL,,� RECEIPT 11. (DomesticCERTIFIED rri Foslege $ Lnom For delivery information visit our website at www.usp'.cum Carnned Fee 0 G Gill. s 'p#7C IAL 0 .D rR fl~ a J. in cerunee Fee O $a. 10 C3 O O RNum Pe k% F" (Entlomerat ReyWred) ree ,00 Nero ..%� G Reabkied Dsllvery Fee (Endoreemem ReOWrad) $ $6 $0. . O � Taal Footage a Feee $ $6.1 10/04lZ913 .: ' ,ate 0 "'C3 o r a Fo eox No. `----�"`�^---- - 1-'F ------------------------ C3 N .. - r C CERTIFIED MAIL, RECEIPT 9�I�N�11 0 11. o rri Foslege $ LT For delivery information visit our website at www.usp'.cum Carnned Fee 0 G Retum ReeW Fes O (Endorwrrrm R"Wred) G MebkYsd ONNery Fw O (Fidontemwt Rpulratq M1 ORatum 0 S Taal Foaypa a Few ; O I 0m t U�q @f3 a 0 .A a. C CERTIFIED MAIL, RECEIPT 11. o w"NS47tC i. A L U S E For delivery information visit our website at www.usp'.cum Fwlege $ $0.46Ln pZe,1yT9� Coronad Fee $3. 0 sF Oil; ORatum 0 Reoelpt F. (6Momemea {iapulred) Nen �G k t G Rasalcted DelNery Fee (6Womemem Requlretl) ( C;! ' C T O 4• 7013 m ,00 O $ $6 S Total Footage a Fees 10/04/W ti 0 "'/ ' ,� 4.....U01 ......... C3 o�,�sy wPo Na. p•�: !- lay ._. U.S. Postal Service CERTIFIED MAIL, RECEIPT (Domestic Mall Only: No Insurance Coverage Provide For delivery information visit our website at www.usp'.cum Yc'`Iq 0 James F. King, President Bob Ghosm- Jr.. Vice -President Dave Bergen John Bredemeyer Michael 1. Domino u BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of PARADISE POINT ASSOCIATION COUNTY OF SUFFOLK) STATE OF NEW YORK) Town Hall, 53095 Main Rd. P.O. Box 1179 Southold,NY 11971 Telephone (631) 765-1892 Fax(631)765-6641 AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS IN PLACE FOR EIGHT DAYS I, K,C , residing at /dba e n st! f-o�.k v� � Tak ea �+scttn.✓o- enc . being duly)swom, depose and say: That on the l day of 0e7bJ515e , 2013, I personally posted the property known as by placing the Board of Trustees offidial poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wednesday, October 16, 2013. Dated: (Signature) Sworn to before me this /G.4 day ofOCJt 20t 3 Notary aPUNtthew of News York No. 011V6053859 QualifCommission dExp in Sr esJanuary n22, 20 /y A41 4 N Z �w . W u BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of PARADISE POINT ASSOCIATION COUNTY OF SUFFOLK) STATE OF NEW YORK) Town Hall, 53095 Main Rd. P.O. Box 1179 Southold,NY 11971 Telephone (631) 765-1892 Fax(631)765-6641 AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS IN PLACE FOR EIGHT DAYS I, K,C , residing at /dba e n st! f-o�.k v� � Tak ea �+scttn.✓o- enc . being duly)swom, depose and say: That on the l day of 0e7bJ515e , 2013, I personally posted the property known as by placing the Board of Trustees offidial poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wednesday, October 16, 2013. Dated: (Signature) Sworn to before me this /G.4 day ofOCJt 20t 3 Notary aPUNtthew of News York No. 011V6053859 QualifCommission dExp in Sr esJanuary n22, 20 /y A41 ,NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Main Road, 40 Southold, New York, concerning this property. OWNER(S) OF RECORD:��,;se Po-14A15soc. SUBJECT OF PUBLIC HEARING: A ten (10) year maintenance permit to maintenance dredge the channel leading into the boat basin to a maximum depth of four feet (4.0') during low tide, and wiN occur within two (T) areas containing +/.4,000 square feet which wiN result in +/_700 cubic yards of resultant dredge spoil to be deposited on site. TIME & DATE OF PUBLIC HEARING: &,,�ACe5c�ay/, Ck+obe r 16, x013- o6` or oboes+ S: 36 Pm If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection rior to the day of the hearing during normal business days between the hours of a.m and,4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) DOUGLAS CIAMPA, President I, PARADISE POINT ASSOCIATION residing at 23 Glen Way (print owner of property) (mailing address) Cold Spring Harbor, NY do hereby authorize Suffolk Environmental (Agent) Consulting, Inc. to apply for permit(s) from the Southold Board of Town Trustees on my behalf. Board of Trustees Application County of Suffolk State of New York DOUGLAS CIAMPA (President of Paradise Point Association BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMELESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY BIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES, TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS DAY OF 20_1� Notary LZEATRIZ E. TALA Notary Public, State of New York No 01 TA6170130 Qualified in Queens County /C� Commission Expires July 02, 20.a1 0 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: CIAMPA. DOUGLAS (President of Paradise Point Association) (Last name, first time, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other X (If "Other", name the activity.) Wetlands Permit Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicantlagent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non -corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this of 2013 Signature Print Name DOUGLAS CIAMPA President Form TS 1 0 • Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: (southoldtown.northfork.net), the Board of Trustees Offic libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 081 01 016.10 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: Nature and extent of action: Applicant proposes to perform a routine maintenance dredging of the Channel leading areas containing 4.000 square feet ± which will result in 700 cubic yards + of resultant dredge spoil to be deposited on site. Attach additional sheets if necessary Location of action: West of westerly terminus of Basin Road: Southold, New York Site acreage: 1.8 t 0 • Present land use: Utilized as a Boat Basin & Channel out to Southold Bay) Present zoning classification: R - 80 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: PARADISE POINT ASSOCIATION (c/o Douglas Ciamna, President) (b) Mailing address: 11 Dirksen Drive; Wilton, Connecticut 05897 (c) Telephone number: Area Code ( 203 ) 216 - 8068 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ® No ❑ If yes, which state or federal agency? NYSDEC; NYSDoS; Army Corns DEVELOPED-COASfiPOI ICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes eMOent use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III — Policies; Page 2 for evaluation criteria. �j ® Yes. ❑ No ❑. -] a AWlicable As indicated within Policy 1, "Development that does not reinforce the traditional land use pattern of the Town of Southold would result in a loss of the community and landscape character of Southold.", this project is a proposal to maintain the existina channel into the Paradise Point Boat Basin utilized by the surroundina residential association property owners to access Southold Bay by watercraft. This project has been routinely approved by all reaulatory aaencies with jurisdiction over this project includina the Board of Trustees (please refer to the attached permit no. 5161, issued May 15. 2000) for "Maintenance dredge..." of This area Accordingly, we believe that this oroiect is consistent with this policy. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III — Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Policv 2 is not apolicable in that subject marina cannot be deemed a substantial historic and/or archaeoloaical resources. Please note that this oroiect has been routinely approved by all reaulatory aaencies with jurisdiction over this oroiect, including the Board of Trustees (please refer to the attached permit no. 5161, issued Mav 15, 2000) for "Maintenance dredge..." of this area. Attach additional sheets if necessary Present land use: Utilized as a Boat Basin & Channel out to Southold Bay) Present zoning classification: R - 80 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: PARADISE POINT ASSOCIATION (c/o Douglas Gamna. President) (b) Mailing address: 11 Dirksen Drive: Wilton. Connecticut 05897 (c) Telephone number: Area Code ( 203 ) 216 - 8068 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ® No ❑ If yes, which state or federal agency? NYSDEC. NYSDoS, Army Corps DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LW" Section III — Policies; Page 2 for evaluation criteria. ® Yes ❑ No ❑ Not Applicable As indicated within Policy 1 "Development that does not reinforce the traditional land use pattern of the Town of Southold would result in a loss of the community and landscape character of Southold.". this orolect Is a proposal to maintain the existina channel Into the Paradise Point Boat Basin utilized by the surrounding residential association property owners to access Southold Bay by watercraft This prolect has been routinely approved by all reaulatory agencies with jurisdiction over this prolect Includina the Board of Trustees (please refer to the attached permit no 5161 Issued May 15 2000) for "Maintenance dredae " of this area. Accordinaly, we believe that thisr)r4iect is consistent with this policy. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III — Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Policy 2 is not applicable in that subject marina cannot be deemed a substantial historic and/or archaeoloaical resources Please note that this project has been routinely approved by all reaulatory agencies with lurisdiction over this prosect Includina the Board of Trustees (r)lease refer to the attached permit no. 5161, issued Mov 15. 2000) for "Maintenance dredae " of this area. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III — Policies Pages 5 through 7 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Subject proposal will not adversely impact the visual quality of the surroundina area in that the proposal reauests for the maintenance dredaina of the existina channel Visual auality will not be affected Therefore. we feel that the instant proposal fully comolies with this Policy. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III — Policies Pages 8 through 16 for evaluation criteria ® Yes ❑ No ® Not Applicable Policy 4 is not applicable in that the proposal does not involve any potential for loss of life structures and natural resources from floodina and erosion Please note that this project has been routinely approved by all regulatory agencies with jurisdiction over this project including the Board of Trustees (please refer to the attached permit no. 5161. issued May 15, 2000) for "Maintenance dredae " of this area Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Policy 5 is not applicable Please note that this project has been routinely approved by all reaulatory aaencies with iurisdiction over this project including the Board of Trustees (please refer to the attached permit no. 5161. Issued May 15. 2000) for "Maintenance dredae..." of this area Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22 through 32 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Policy 6 is not applicable Please note that this proiect has been routinely approved by all reaulatory aaencies with iurisdiction over this proiect includina the Board of Trustees (please refer to the attached permit no. 5161. issued May 15. 2000) for "Maintenance dredae..." of this area Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Policy 7 is not applicable Please note that this proiect has been routinely approved by all reaulatory aaencies with iurisdiction over this project includina the Board of Trustees (r)lease refer to the attached permit no 5161 issued May 15 2000) for "Maintenance dredae " of this area Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Policy 8 is not applicable in that the oroposal does not involve disposal and/or transportation of solid waste. hazardous waste, toxic pollutants, and petroleum products. Please note that this project has been routinely approved by all reaulatory agencies with jurisdiction over this project, includina the Board of Trustees (please refer to the attached permit no. 5161, issued May 15. 2000) for "Maintenance dredge..." of this Attach additional sheets if necessary PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III — Policies; Pages 38 through 46 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Subject or000sal meets Policy 9 in that the maintenance of the existina channel will provide and maintain for public access/recreational use of coastal waters (Paradise Point Boat Basin from Southold Bay)._ Accordinaly, we believe that this project is consistent with this policy. Please note that this prolect has been routinely approved by all reaulatory aaencies with jurisdiction over this prolect, includina the Board of Trustees (please refer to the attached permit no. 5161, issued May 15, 2000) for "Maintenance dredge..." of this area. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependence uses in suitable locations. See LWRP Section III — Policies; Pages 47 through 56 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Subject proposal meets Policv 10 in that the maintenance of the existina channel will protect the water - dependent uses within the surroundina area, Accordinaly, we believe that this project is consistent with this policy. Please note that this project has been routinely approved by all reaulatory aaencies with jurisdiction over this project, includina the Board of Trustees (please refer to the attached permit no. 5161, issued May 15. 2000) for "Maintenance dredge..." of this area. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town Waters. See LWRP Section III — Policies; Pages 57 through 62 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Policv 11 is not applicable in that the proposal does not involve anv form of marine resource monaaement (i.e. commercial fisheries, recreational fisheries, oauaculture, etc...). Please note that this oroiect has been routinely approved by all reaulatory aaencies with jurisdiction over this project, includina the Board of Trustees (please refer to the attached permit no. 5161, Issued May 15, 2000) for "Maintenance dredae..." of this area. Attach additional sheets if necessary 0 • Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III — Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Policy 8 is not applicable in that the proposal does not involve disposal and/or transportation of solid waste hazardous waste toxic pollutants and petroleum products Please note that this prolect has been routinely approved by all reaulatory aaencies with jurisdiction over this prolect Includina the Board of Trustees (please refer to the attached permit no 5161 Issued May 15 2000) for 'Maintenance dredge..." of this area. Attach additional sheets if necessary PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Subject proposal meets Policy 9 in that the maintenance of the existing channel will provide and maintain for public access/recreational use of coastal waters (Paradise Point Boat Basin from Southold Bay). Accordinaly, we believe that this project is consistent with this policy. Please note that this prolect has been routinely approved by all reaulatory agencies with jurisdiction over this project includina the Board of Trustees (r)lease refer to the attached permit no 5161 issued May 15 2000) for 'Maintenance dredge of this area. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependence uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria ® Yes ❑ No ❑ Not Applicable S biect proposal meets Policy 10 in that the maintenance of the existing channel will protect the water - dependent uses within the surroundina area Accordinaly we believe that this project is consistent with this policy. Please note that this prolect has been routinely approved by all reaulatory agencies with lurisdiction over this prolect Includina the Board of Trustees (please refer to the attached permit no 5161. Issued May 15 2000) for 'Maintenance dredge...' of this area Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town Waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Policy 11 is not applicable In that the proposal does not involve any form of marine resource management lie commercial fisheries recreational fisheries aquaculture etc ) Please note that this prosect has been routinely approved by all reaulatory agencies with jurisdiction over this project. Including the Board of Trustees (please refer to the attached permit no 5161 issued May 15 2000) for 'Maintenance dredge... of this area Attach additional sheets if necessary 0 • Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Policy 12 is not applicable in that the proposal does not involve agricultural lands (Le. the conversion of farmland, the establishment and/or maintenance of new coastal aaricultural production etc ) Please note that this proiect has been routinely approved by all regulatory aaencies with jurisdiction over this project, includina the Board of Trustees (please refer to the attached permit no 5161 issued May 15 2000) for "Maintenance dredge..." of this area Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III — Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Policy 13 is not applicable in that the proposal does not involve the conservation of enerav resources on a commercial level and/or the promotion of alternative enerav sources proper maintenance of fuel storaae facilities and/or the extraction of mineral extraction Please note that this project has been routinely approved by all reaulatory aaencies with jurisdiction over this project including the Board of Trustees (please refer to the attached permit no. 5161, issued May 15, 2000) for "Maintenance dredoe " of this Attach additional sheets if necessary 't , Sulk Environmental Consultilpm, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631)537-5160 Bruce Anderson, M.S., President Hand Delivered August 27, 2013 Mr. Jim King, Chairman Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Fax: (63 1) 537-5291 Re: PARADISEPOINTASSOCIATION Property Situate: Basin Road; Southold, New York SCTM #: 1000 — 081 — 01 — 019.10 Dear Mr. King, This Firm represents the owners of the above referenced property, who wish to obtain approval for the maintenance dredging of two (2) separate portions of the channel leading into the Paradise Point Boat Basin from Southold Bay. Consequently, please find enclosed herewith for your review: (1) Town of Southold Trustees Wetlands Permit Application (original and two [2] copies); (2) Short Environmental Assessment Form (original and two [2] copies); (s) Town of Southold Local Waterfront Revitalization Program Application (three [3] sets); (4) Erosion, Sedimentation & Storm -Water Run -Off Assessment Form (original and two [2] copies); (5) Location Map for reference (three [3] copies); (6) Photographs of the site indicating current conditions thereon (three [3] sets); (7) Hydrographic Survey of subject property, prepared by Robert H. Fox, dated August 2013, indicating the conditions thereon (three [3] prints); (8) Copy of the original Town of Southold Board of Trustees Permit (No. 6305), issued February 15, 2006, authorizing to "... maintenance dredge two areas within the basin and inlet..."; and t 0 LI (9) Check made payable to the Town of Southold to cover the requisite application fee. Kindly review these items and schedule for the next available Board of Trustees' meeting at the earliest opportunity. Should you have any questions regarding this matter, or require additional information, please feel free to contact this office at any time. Thank you in advance for your cooperation. Sincerely, Matt D. Ivans attach. CC: D. Ciampa Hydrographic Survey Entrance to Paradise Point Basin Surveyed: July 2013 Amended: August 2013 Town: Southold Suffolk County, NY Datum: M L L W tO v> R X30' SOUTI 1 N IJ C -A Cross Sections 111 -- 10' 20' wide channel cut to -4 MLLW Dredging 2 shaded areas of channel to —4 MLLW will generate approx. 700 cy. r•3 AM - rI i 20' wide channel I 1 1 1 � cut to -4 MLLW �-T{, C 1 C -C a - U' �'lace A 1 U1 P1 1 N O 1 a tv>LW material behind bulkhead + $ 1 ; 1 , 00 & above HW } 1 O wl 1 N I p N O; N m p W 00 1 I I I , I I I 1 , [AU 1 1 , 1 , I , I w O N W I A t/l bD w O tD II 1 2a Wide ; channel cut to -4 MLLW 1 1 - rI i I 1 1 1 � 1 A 1 U1 P1 1 N O 1 >l4. 00 1 I 1 j Q Q i .tr I ! 1 A APPROVED BY i �4 B ARD OF TRUSTEES 1 � 1 � 1 S `Uo TC!WN OF SOUTHOLD G �, `• 1 1 a DATE d 71 A to 1 I 1 ' v o \ r1 01 \ 4 `•. �\\ � •o v �� '�• \ \ 6' ..\ M�IV � >,i.. v �sr1.4 �s X ,410 0.6 mr\ -0.4 ,z .4 —3V� _.,/ '."�`� nc'`7,��\ \\ '03 K `b� n ` \'0 �s9s y - — -- -if ao - ---------------- ------------- �t ?o — — 4 ° ,.6 `Aa A, ROBERT H. FOX NYS PLS# 50197 PO Box # 366 \ oR \ Aquebogue'� v N Y 11931 \ 1101 CO 17jP Suffolk Environmental Consulting, Inc. Subject Property 7 Nmmmn Village, Suim L 2322 Maui ) 1'.0. Sox 2003, Bi idgeliampton. NY, I 11:(631)537-5160 I^(63U 537. / 11 3 ti 11 • r v . .. . i