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TR-8303
John M.Bredemeyer III,President O�*QF SOUly� Town Hall Annex Michael J.Domino,Vice-President lQ 54375 Main Road P.O.Box 1179 James F.King,Trustee Southold,New York 11971-0959 Dave Bergen,Trustee G Charles J.Sanders,Trustee �O • iQ Telephone(631) 765-1892 �DUiVT`I,� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 23, 2014 Mr. Robert E. Herrmann En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: LAUGHING WATERS PROPERTY OWNERS ASSOCIATION 555 & 2360 MINNEHAHA BOULEVARD, SOUTHOLD SCTM# 87-3-2.1 & 60 Dear Mr. Herrmann: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, April 23, 2014: RESOLVED, that the Southold Town Board of Trustees APPROVE the Administrative Amendment to Wetland Permit#8303 for all of the dredge spoils from both marinas to be placed upland of the tidal wetlands of the south Marina; and as depicted on the revised survey prepared by Robert H. Fox, Land Surveyor, last dated January 7, 2014 and stamped approved on April 23, 2014. 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:amn 40 0 John Bredemeyer, President eAFFnct Town Hall Annex Michael J. Domino, Vice-President ���� 54375 Route 25 James F. King P.O. Box 1179 Charles J. Sanders Southold, NY 11971 Dave Bergen 'pi ,�, �a Telephone (631) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: En-Consultants on behalf of LAUGHING WATERS PROPERTY OWNERS ASSOCIATION requests an Administrative Amendment to Wetland Permit#8303 for all of the dredge spoils from both marinas to be placed upland of the tidal wetlands of the south Marina. Located: 555 & 2360 Minnehaha Boulevard, Southold. SCTM# 87-3-2.1 &60 Type of area 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 other Type of Application: Wetland Coastal Erosion Amendment Administrative Emergency Pre-Submission Violation Notice of Hearing card posted on property: Yes No Not Applicable Info needed: Modifications: Conditions: Present Were: J. Bredemeyer M. Domino J. King C. Sanders D. Bergen Bay Constable Other Form filled out in the field by Mailed/Faxed to: Date: NEW YORK STATE DEPARTNO OF ENVIRONMENTAL CONSERVAT Facility DEC ID 1-4738-01923 PERMIT Under the Environmental Conservation Law ECL Permittee and Facility Information Permit Issued To: Facility: LAUGHING WATER PROPERTY OWNERS LAUGHING WATERS POA PROPERTY ASSOCIATION INC C/O LARRY KULIC 555 &2360 MINNEHAHA BLVDISCTM 1000- 87-03-2.1 & 60 PO BOX 20 SOUTHOLD,NY 11971 (5016)T7650 4D319 Y 11971-0020 IrA:PR - -� �� Facility Application Contact: 4 2014 EN-CONSULTANTS INC1319NSEARD SOUTHAMPTON, NY 11968(631) 283-6360T` Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: Southold Facility Principal Reference Point: NYTM-E: 716.1 NYTM-N: 4546.3 Latitude: 41°02'21.3" Longitude: 72°25'44.7" Project Location: 555 and 2360 Minnehaha Blvd. Authorized Activity: Maintenance dredge 900 cubic yards of material from North Marina site and 200 cubic yards of material from South Marina site and place combined 1100 cubic yards of resultant dredged material landward of tidal wetland boundary on South Marina site. All work must be completed as shown on plans stamped "NYSDEC Approved" on 2/3/14. Permit Authorizations Tidal Wetlands- Under Article 25 Permit ID 1-4738-01923/00010 New Permit Effective Date: 2/3/2014 Expiration Date: 2/2/2024 Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 1-4738-01923/00011 New Permit Effective Date: 2/3/2014 Expiration Date: 2/2/2024 Excavation & Fill in Navigable Waters - Under Article 15, Title 5 Permit ID 1-4738-01923/00012 New Permit Effective Date: 2/3/2014 Expiration Date: 2/2/2024 Page 1 of 6 NEW YORK STATE DEPART OF ENVIRONMENTAL CONSERVAT19 Now Facility DEC ID 1-4738-01923 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 inclu n permit. -- i i� ) Pen-nit Administrator:JOHN A WIEL D� uty Regional Permit Admim trat APR - 4 2014 Address: EC RE ON HEADQUARTERS S @ ST N ROOK150 CIR D SAB1�00 �NY 11790 -34 r Board T Authorized Signature: Date0l -/ Zv/y Distribution List EN-CONSULTANTS INC Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS Apply to the Following Permits: TIDAL WETLANDS; WATER QUALITY CERTIFICATION; EXCAVATION & FILL IN NAVIGABLE WATERS 1. 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. 2. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Robert H. Fox, last revised 1/7/14. Page 2 of 6 NEW YORK STATE DEPARTN&OF ENVIRONMENTAL CONSERVAT (D Facility DEC ID 1-4738-01923 3. Post Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous location on the worksite and adequately protected from the weather. 4. Dredging Once Per Year Dredging shall be undertaken no more than once in any calendar year unless specifically authorized by the department. 5. Prohibition Period for Fish, Shellfish, Birds To protect spawning finfish, shellfish and nesting shorebirds, including threatened and/or endangered species, no regulated activities may occur between April 1 and September 30, inclusive, of any calendar year. 6. Dredging Prohibition Period Dredging is specifically prohibited from June 1 through September 30 each year to protect spawning shellfish and/or spawning finfish. 7. Restrict Spillage,Use Closed Bucket During the dredging operation,the permittee and his contractor shall prevent spillage of sediment during excavation and haulage. Dredging shall be accomplished with a clam shell or other closed bucket equipment. 8. Grade Channel Side Slopes All side slopes of the dredge channel will have a maximum of 1:3 slope. 9. Leave a Uniform Bottom Elevation All dredging shall be conducted so as to leave a uniform bottom elevation free of mounds or holes. 10. No Dredging near Tidal Wetland No dredging shall occur within 15 linear feet of the seaward edge of the intertidal marsh. 11. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 12. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 13. Dredgings to Remain On-Site/Within Wetland Dredge material approved to remain on-site and/or within the NYSDEC Tidal Wetlands jurisdiction shall be retained so as not to enter any water body,tidal wetlands, or protected buffer areas. Off-site, upland disposal of dredged material beyond NYSDEC Tidal Wetland jurisdiction requires the additional guidance of the Division of Materials Management(631) 444-0375 and is not covered by this permit. 14. Inspect Diked Disposal Area Before dredging begins, the permittee and contractor shall inspect the diked disposal area to confirm that it is structurally sound and ready, with sufficient area to contain the dredged material. Any necessary repair to the diked area must be completed before dredging begins. 15. Return Water Discharge Return water discharge from the disposal site outfall shall not scour the shoreline or disturb tidal wetland vegetation. 16. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no Page 3 of 6 NEW YORK STATE DEPART T OF ENVIRONMENTAL CONSERVA Facility DEC ID 1-4738-01923 1 claim or right to compensation shall accrue from any such damage. 17. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require,remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 18. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 19. 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 Certification The NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217)provided that all of the conditions listed herein are met. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department)to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. Page 4 of 6 NEW YORK STATE DEPARTN&OF ENVIRONMENTAL CONSERVATIf Facility DEC ID 1-4738-01923 A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals,Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal,modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal,modification or transfer granted by the Department must be in writing. 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 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 inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute,regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. Page 5 of 6 NEW YORK STATE DEPART T OF ENVIRONMENTAL CONSERVAT40 Facility DEC ID 1-4738-01923 NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit 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. 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 rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Page 6 of 6 95.20-1 (&87)-9d New York State Department of. Environmental Conservation AMk v N, oboe 0 C �E The Department of Environmental Conservation (DEC) has.issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to the permit number . shown when contacting the DEC. Regional Permit Administrator Permit Number �- ?' o 6?z_3 O00/D ROGER EVANS ,Expiration Date -0-2 NOTE: This notice is NOT a permit HYDROGRAPHIC SURVEY N Typical Channel SOUTH MARINA Section Prepared for: LWPOA ------ Surveyed:05-28-13 -- W E fl- ---- ----- --- ----0x� .---------- "----- ---- - --fit ---- - Amended: 11-05-13 11 11 1 1 1 1 1 1 1 1 1} {A I.1p+,i0� OOCppb - -/ O�OGC _-_.__ 01-07-14 MwLlLVqde --- -- ------ Situate: Corey Creek float Town: Southold d1 �p�p i0 Ca 4W fl�N�O C OO{Y C'Qn W Suffolk County, NY Typical Spoil Datum: M L L W ---------- Section c^ 4 Slit Dredge Spoil Site slit ` , Fence South Karind Property Fence r i�+poLrfa'a p Baiey5 Y1 daF19s5:='Mt1x 2,�irh, L-4W s V 1 N�±}+i�a• 0 Jow � NYSDEC -•rPROVED AS PER TERMS AND CONDITIONS OF �:R�IiT NO. o Dredge cross hatched area ' to-4 MLLW with "s -•-����- �� ''o'p' �, 1:3 side slopes sCt#I MARINAn,-, �w 1�`r 0 s (approx. 200 cy) POA"W ;\2� .A2.0 2.7 0.9 0.4 2.0 i S6 "ter 0.5 .3 -2.1 a-22 \°9 S �fysy �o.s -4.s -2 8 4 C17 'Io—9h 'F4 -1.6 3 r :x� `��e� c o.7 s, -0.3 -2.0 � )J �i prB a/ 1. �o s s h�toh3 '\� l�y, 0.s %2 �,�a �SJe '0.f .•o'e* Jsss s ROBERT H. FOX NYS PLS#50197 PO Box#366 Aquebogue NY 11931 Typical Spoil HYDROGRAPHIC SURVEY Section NORTH MARINA Sllt Dredgqee Spoil Site, Sit ,r, \• Fence South Kc rina Property Fence N Prepared for: LWPOA \??3e' y Hay Surveyed: 05-2&13 Bcriea Max z r IEJ Ba 5 Amended: 01-07-14 F Situate: Corey Creek Town: Southold � 6 � Suffolk County, NY 1 � K�� `\�,�°• Datum: M L L W \?2° 601 1 q Dredge hatched area to-4 MLLW with 2.3 1:3 side slopes 0.9 - =�a _ (approx. 900 cy) 4w -,B . 24 place on South Marina Spoil Site NYSDEC , APPROVED AS PER TERMS �' h '�`r r f� AND Ct`NDITIONS OF .,, -♦_r-- ___ oa 6 1 '�•B� PERMIT NO. l `1�73 \� ♦♦ H899ertY // i♦ r j0 ♦ d 4f l ♦ b a K. 1 47Typical Channel � �� , \��° o Section ���� , �R' c e �y ROBERT H. FOX - - - ---------- m—-- - •� �l;e NYS PLS#50197 ---- 0 0 PO BOX#366 20' wide A uebo ue NY11931oat I I BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK I PERMIT NO. 8303 DATE: SEPTEMBER 18,2013 I j ISSUED TO: LAUGHING WATERS PROPERTY OWNERS ASSOCIATION PROPERTY ADDRESS: 555& 2360 MINNEHAHA BOULEVARD, SOUTHOLD SCTM#87-3-2.1 & 60 I AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on September 18,2013, and in consideration of application fee in the sum of$250.00 paid by En-Consultants 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 for a Ten (10) Year Maintenance Permit to maintenance dredge, j two irregularly shaped areas, known as the"north and south marinas," to a maximum depth of-4 MLLW; and after dewatering on diked upland areas of respective dredge sites,truck offsite approximately 900 cubic yards resultant spoil from "north marina" to approved upland locations, and approximately 200 cubic yards resultant spoils from "south marina" are to be deposited between MHW and MLW; and as depicted on the survey prepared by Robert H. Fox, Land Surveyor, last dated November 30,2013 and stamped approved on April 8,2014. 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. I ob Ghosio, Jr. C4 I �_ 0 1 i TERMS AND CONDITIONS The Permittee, Laughing Waters Property Owners Association located at 555 &2360 Minnehaha Blvd., Southold,New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: l. That the said Board of Trustees and the Town of Southold are released from any and all damages,or claims for damages,of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will,at his or her own expense, defend any and all such suits initiated by third parties,and the said Permittee assumes full liability with respect thereto,to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 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 may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. 10. 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 perfonn the permitted work nor does it authorize the impairment of any rights, title,or interest in real or personal property held or vested in a person not a party to the permit. f John M. Bredemeyer 111, President FQ`�.c0 Town Hall,53095 Main Rd. Michael J. Domino, Vice-President P.O. Box 1179 James F. King W Southold,NY 11971 Charles J. Sanders 5 Telephone(631)765-1892 Dave Bergen 01 �$ Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 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 1 st day of construction % constructed Project complete, compliance inspection James F. King,President O��QF SDUryOI Town Hall Annex Bob Ghosio,Jr.,Vice-President 54375 Main Road P.O.Box 1179 Dave Bergen Southold, New York 11971-0959 John Bredemeyer G Q ;� • �O Telephone(631) 765-1892 Michael J. Domino yC4U O Fax(631) 765-6641 � NT`1,�� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 18, 2013 Mr. Robert E. Herrmann En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: LAUGHING WATERS PROPERTY OWNERS ASSOCIATION 555 & 2360 MINNEHAHA BOULEVARD, SOUTHOLD SCTM# 87-3-2.1 & 60 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, September 18, 2013 regarding the above matter: WHEREAS, En-Consultants on behalf of LAUGHING WATERS PROPERTY OWNERS ASSOCIATION applied to the Southold Town Trustees fora permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the.Town of Southold, application dated August 22, 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 September 18, 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, 2 . 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 LAUGHING WATERS PROPERTY OWNERS ASSOCIATION for a Ten (10) Year Maintenance Permit to maintenance dredge two irregularly shaped areas, known as the "north and south marinas," to a maximum depth of-4 MLLW; and after dewatering on diked upland areas of respective dredge sites, truck offsite approximately 900 cubic yards resultant spoil from "north marina" to approved upland locations, and approximately 200 cubic yards resultant spoils from "south marina" are to be deposited between MHW and MLW; and as depicted on the survey prepared by Robert H. Fox, Land Surveyor, last dated November 30, 2013 and stamped approved on April 8, 2014. 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: $0.00 Very truly yours, Jame F. King President, Board of Trustees JFK/amn Cantrell, Elizabeth From: Robert Herrmann <rherrmann@enconsultants.com> Sent: Monday, February 03, 2014 1:38 PM To: Hulse, Lori Cc: Cantrell, Elizabeth Subject: Laughing Waters property Owners Association Attachments: 20140405134301.pdf, 20140331133803.pdf Lori,at long last I've completed my research on the ownership and related dredge fee question concerning Laughing Waters Property Owners Association, and my findings appear to be consistent with what we know transpired in 1999. Apparently, in 1999 the Association ultimately claimed (correctly, based on the attached deed)that they own the bottom lands associated with the North Marina but not the South Marina. Based on my review of what is in the Trustees file relating to the fees paid last time, it appears that they indeed paid for the dredge spoil that came out of the South Marina but not the North Marina. According to Victor Beck,this was a result of the Town's acknowledgement at that time of the Association's ownership of the underwater land of the North Marina. Therefore,for the purposes of making a determination concerning the dredge fees due on the current application, I am hoping that you can kindly review the attached deed from 1966 and advise the Trustees accordingly. Specifically, please note the language detailing ownership "...to the center line of original gutter which is the Northerly property boundary of Laughing Water property,thence along the center line of same to the Waters of Corey Creek,thence along Corey Creek to the new channel thence along the new channel about 660+feet including the land under the new channel,to Minnehaha Boulevard..." In the meantime, I will also be submitting to the Trustees revised plans showing that all dredged spoil from both the North and South Marina dredge sites will be retained in the sandy parking area on the South Marina property, landward of the bulkhead and tidal wetlands boundary, as now depicted on the attached plan by Robert H. Fox, L.S., last dated January 7, 2014(copy attached). Many thanks, Rob Robert E.Herrmann,MEM Coastal Management Specialist En-Consultants 1319 North Sea Road Southampton,NY 11968 Phone:631-283-6360 Fax:631-283-6136 Email:rherrmann@enconsultants.com www.enconsultants.com 1 r aaum wa ar. a. usa.u— la,lula �nn ..co..rl.nw ua ., rv. �!r,,.i tT aw Pi-inG PuGGshers~i7td/dnd.YL ��lit•lwf 0 �:)il$f.IStl:.tiUatut UrY FO[Ill�) Q01 9 .Made the Nineteenth day of July Nineteen Hundred and Sixty-six CEDRIC H. WICKHAM of Mattituck, Town of Southold, j County of Suffolk, State of New York. S . 7+ 1w M part y of the first part,and Laughing Waters Property Owners Association, of Southold, Town of Southold, County of Suffolk, State of New York `parties of the second part, that the party of the first part, in consideration of one and 00/100 and other valuable considerations Dollar lawful money of the United States, paid by the part ies of the second part, .,t jr4l does hereby grant and release unto the parties of the second part, a� their heirs and assigns forever, allthat land for the use of the Property owners situated at Laughing Water, near Southold, in Southold Town, Suffolk County, New York, bounded and described as follows: ,qa Meadow land and uplands starting at a point and place of beginning found by the intersection (a corner) of the Northerly line of Nokomis Road and the Easterly line of Minnehaha Boulevard, thence Easterly by and along propertyOof John Tenet/ 36.0- feet to the property of the Catholic Cemetery, thence South 6 28' East 136- feet to a point, thence South 88091 East 155.3 feet to a point, thence along a line a 90°to the last mentioned course 140- feet to the center line of original gutter which is the Northerly boundary of Laughing Water property, thence along the center line of same to the Waters of Corey Creek thence along Corey Creek to the new channel thence along the new channel about 6601 feet including the land under the new channel, to Minnehaha Boulevard, thence by and along the Easterly line of Minnehaha Boulevard to the point and place of beginning. 1� I . Lam" C i Ofth, the appttrtertances and, all the de and rights of the party of the first part{ in andto said premises, V"iB��a°Il 11° Il$��ffi dpnD�b the premises herein ffranted zan.to the part ies of the second part, their heirs and assiffns forever. IlIl said party of the first part �¢ covenant as follows: ,.�118�";°��. That said party of the first part seized of said premises in fee simple, and has flood riff7d to convey the same; *rr . That the parties of the second part shall quietly enjoy the said premises; nI. That the said premises are free from incumbrances; Iflo aagh. That the party of the first part will execute or procure any further necessary assurance of the title to said promises; Flffifi. That said party of the first part will forever WHIMMIt the title to said premises. ,2ha Miloto Whertof, the party of the first part has hereunto set� his hand and seal the day and year first above written. Jlt�tf51'ltCf O} VAL Notdry Public. tr f. St rl mew York No. 52.3889685 Qualiifpd in Sit Ik Co.miv � �l State f New jolrh �i=IIItt� 11� Suffolk � •• II� ;.On this ,� � day of July Nineteen, Hundred cLnd . Sisty-six before me, the subscriber, personally appeared Cedric H. Wickham to me personally known and known to me to be the same person described in and who executed the within Instrument, and he acknowledged to me that, he executed the same VAL W.8 44 otary public.state nf flew 1lork N ' No.52•309685 Qualified �i ExplrSuif C to atchtY RECORDED ri 1966 SEF 22 A", 9:2p h0RMA E M RECORDED' ; P 221906 j NORMAN E. KL1PP ; Clerk of Suffolk County ` W ` V EnZ� \1 � ,v 0) W ti J W 03 Y x � N C z U 3 0 0 � o ' o ..�o z U �{ 4 o A l � U y 'V Wlz N N a 0 . bio d HYDROGRAPHIC SURVEY N Typical Channel SOUTH MARINA Section Prepared for: LWPOA ---__- W E ----- --- ... Surveyed: 05-28-13 ::3-- Amended: 11-05-13 -' "ww•�Y�'w`"`"��"`�"'"'; s _tom_.__..__._._. ob, 01-07-14 -b ...--_..._.._.......------- o-M-Lew float Situate: Corey Creek N% - Town: Southold Suffolk County, NY +Nwsto Wb- N bmmwwaaaoob w Typical Spoil Datum: M L L W ---------- Section ' 1 �;, 5►It Dredc�e 5poll Site Silt 80 �..•._.._....__ } N { ;"ante Sou h 1Tar(na Property i=enre { +�yo�+wb�o pow FfQ ffo 3q-a i�004 iu i $ales ,/ �sath'Vt{rte;'. MdX 2S'- ', a Bales � r �N -+ {NWsi�•�r i.1 O1� � t Is V%, `' o 01 Dredge cross e�'.t hatched area to-4 MLLW with a •;� 1:3 side slopes scr y/Na-60�, � ttrvap `-. `,, ; / ? � (approx.200 cy) ,Y W A p A 16 tea°`- / 3� y`w o ?a o.a 0.4 2.0 eo'' •••_ 3 17/ T c "Fja a� . .._0.s hceg�hoelpp9h Vas• *" 0.7 -0.3 �c t``~2` oh s�C• \��J� s ��• 0.3 T a is -00 3 t ROBERT H. FOX NYS PLS#50197 PO Box# 366 Aquebogue NY 11931 Typical Spoil HYDROCRAPHIC SURVEY s� Section NORTH MARINA 511t Dredge Spoil 51te 5nt Prepared for: LWPOA \, , Fence 5outh Marina Property Fence A( ?3B ,gay Surveyed: 05-28-13 �e aale5 / NIlhle i�lan'2S�hl ,. ID e5 y' Amended:01-07-14 �f •o. ' �oj F\y y Situate: Core Creek Town: Southold Suffolk County, NY `o Datum: M L L W a „ lea. 601 t o Dredge hatched area to-4 MLLW with Z3 1:3 side slopes 40 `-o s , (approx.900 cy) place on South Marina Spoil Site '� f✓>i_� F� ``S fYY C �3X ryy -,7 , 'r'^S {��*�. -0. `4, —2.1 mkt y t 'x -a.e F1I.yV t.s doh �o '���ix`Tj'!' •g- - - - "i,">"``x� +,gin `782 nz `� �= -aka:_ - t - �; C-,_,��'���„ •';�o 6� SCT# t SCr# / 1000-87-" t 1 t �,+' tt Haggerty t/ A sa`4 tr004 Y� \'K Oo `tG Al Typical Channel ;T .,;� ° '010, Section 19 49Q ,!' ROBERT H. FOX NYS PLS#50197 �3:_.__....._._.. ._ \ __._....___..._. V 0 ea PO Box#366 20 wide NY 11931 F .._� .. a T o� oy - MA.P OF ..AUGHING WATER y ' \ M �a.re' ]Bys• SECTION NO. 1 SOUTH DLO 's• c o a• L. I., NY. y _ , R PROPERTY OF m H 3 ry ,•��,E C. H. WIC \HAM MAT717UCK L. I. � A � yc5•d3f _ Q, '� j G �9 - ' ti.h .(S't •� N.77'�E C p C G F 4 1�r4 G N]7•7J G„ y Q, 4 N9�roiF I o•sa'w ti/a]rs- s n. „, ti � `l. -_ tfuu- r�)•� q �,p {�L A NHes7.�� / `l .r].3•` pA e Qz� o � ti a 'y I rig N87•r]E �s U ti----�40�-. 4• I o WfiBUN 70" n J.e: P4 70 ` y 2 70' d G 7G n oC 8: c / 40 cl � v° `' ' > >•a �' ay�rrw s./., yet 5�'t.`,e-�< y° � / ..,�\\ % � � I�Gh,j ���. `.� ,��• yam; \ /_ SOUR R£ SHOWN IND JCATE' COIYG: MON C/RCLE SHO WN TAUS IND lC/i TE' LOCU.9T 3'T/tXE. I �, � � I•� ��� I AdL STRS'ET CURVE-D FRaM A POINT r FROM:. PK .'NGA.E,56 o l?- TREET L/NE', UNLB'SS OI'AER- I SCALE: /INCH=60 FEET I _ SURVEYS COI�IPLET�.'D �' '�_ � Bf1TNlNG BE,y�� / � JUKE, 30 /936 .DY RIVERh'E'RO, - 'M . LAU, G HING WATER , SOUTHOLD I L. I.,N'i� F r � c„ 'A •4 eP""' FROPE T OF C. H. W I CKHAM MATTITU CK L. I. A. 4py r a ~. N fWATN « N �q n e V? - y ti �o n C ` «� tee• T.; °`•��I '•�, =r . /tir s Tlc/C7— �v /s7WI c.7-#�. . _i _ JrfAtrvN 3.MOTT `« n o = * f # vl n A + w I n C•4 IS 1,DAN/EL,R YDUNG HEREBY CERT/FY TEAT J AM A L/CL-NSED LA1D0 SURVEYOR OF 7-AV- 57tATE OF%VE�V'' 1 YORA•AND THAT 7H/5 PLAN CORREC TL Y REPRE5FNTS,A SURVEY OF T//E PROP--RTY ',COH A67-llz SURV£YJ COMPLETED BY MEf DUNE /938'ANO PLOTTED BY MEp .ni '��.,'`��• _ ! y AND THAT ALL T//E CONCRETE MONUMENTS SHOWN HEREON WERE SET BY ME ANO.THE/4 POS/T/ONS ARE CORRECTLY bS' �l P.E ae L.S. N.Y STATE LICENSE Ne•/404. - � �~��'JOU��>�NO,T r`� ( �` Xed 11/9QS an 1 1/��> P \\ �CON/c /ex E3- �t SGDARE JHOWN THUS • /NO/CATE • %P.,^y -�CX/3 ,�� caAerx-cre YaNUMENT.o. • -- ��'�-,�(,�. •. � ��� MONL/MCNTS,AT 37fPE£T/LATER S,�CT/GNJ ' SET: T IO/iYT . . gyp' erp 0�/LATE`' , ��(✓•:O .THE ST TjL/NEJ. J i O L?Y, 1 m IL N \\ � I � 3 I z \ C=Cl at z O / y I = �BOI I ��OY h +� A N.O I'pg• -1 � m ° I A r __ N ScV�irn l7ck 0 tl W ' .�oo-.--- x 7 F Sll I o !!•o. O - Q W O - S a a 4 � - �, aV Va r i+y t S i O o F . a o � '•'�s :ow._aA•�w A �- h to.o� �Icrlt� s 23 m of 38 ''Y'fa - , ea 0 4 M1g51 0 n iz a I L,Ilxv d - u _- I IW1 O Y iNw.R n ,3S .._.lLo 0 ZI - I � Al. F-o - - gs _ Kwgytiik f C ° 33 _ e V l' d i - - N 48 r o 5,J1If Q' rb_ ° 18 o W 0 Qj = 30 II MofiNo -1. a 31 Z$ •Q�: ,_ : _b - t III 3 46' t' 4 r Sxxd41 I I e@ No �OMr - ,� 4 - loo p O 00 Aft l 0' ~OP WoY- � e� s h a .u• -I` it � a o % i t 5 MAP OF —c=5 ECT ICON 2 U C-)H I N G WA-T E 2 Scol In' 100'= 1� � 6 f �• f ' 0 j.r' THje trocinq wQ.Cim Nov. t,1950 from 'q ck Nicyhwo,0 1 ac+ic,H Z— Note: Lot dimerlsiorl5 shown are -ryvm <_ol�grlir�q Wa+er , mach by D R �CGur�v_ deeds � 4rom Various otl^cr IV i ted Blurt,19i=P ` Marcl-+ ,19��. sourccrs.i ara approxi�a�ta o'+ly r 6'1 �i'✓��.. �J� Lot NUrwbsrs �'ev idcNtificgtlo�� p� l_icel-�sed Su�veu,or O rnonuwtet�t jGree'port, New'eork Revised NICALj 1957. , ,6� cze..�s�a so,...az,l9sre r A. f �I ��,� I 'A yr 4 ,w��►/��°� ',�►� �T 1 ■ r,V 4W _4. Laughing Waters Property Owners Association 555&2360 Minnehaha Blvd.,Southold ,. CTM#87-3-2.1&60 /11/13 gpFFO(�- James F.King,President p� C P.O.Box 1179 Bob Ghosio,Jr.,Vice-President � �y� Southold,NY 11971 Dave Bergen Telephone(631 765-1892 John Bredemeyer O Fax(631)765-6641 Michael.1,Domino Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time:Ile �D 3 En-Consultants on behalf of LAUGHING WATERS PROPERTY OWNERS ASSOCIATION requests a Wetland Permit for a Ten (10) Year Maintenance Permit to maintenance dredge two irregularly shaped areas, known as the "north and south marinas," to a maximum depth of-4 MLLW; and after dewatering on diked upland areas of respective dredge sites, truck offsite approximately 900 cubic yards resultant spoil from "north marina" and approximately 200 cubic yards resultants spoils from "south marina" to approved upland locations. Located: 555 & 2360 Minnehaha Boulevard, Southold. SCTM# 87-3-2.1&60 Type of area 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 other Type of Application: Wetland _Coastal Erosion _Amendment —Administrative—Emergency Pre-Submission Violation Info needed: Modifications: Conditions: 10 Preset Were: VJ. King B. Ghosio D. Bergen, ✓ J. Bredemeyer r// Michael Domino D. Dzenkowski other i Form filled out in the field by rVI ° Mailed/Faxed to: Date: • • LAUGHING WATERS P.O.A.,555 & 2360 MINNEHAHA BLVD, SOUTHOLD 1 ' r rr Figure 1. North Marina:Looking northwest over most westerly finger floats AUG z 2 � 13 in marina at westerly end ofproposed maintenance dredge area. _ J 5auth,ud lows Bar f T e Figure 2. North Marina:Looking southeast from most westerly end of marina over area adjacent to marina docks to he maintenance dredged. • 0 LAUGHING WATERS P.O.A.,555 & 2360 MINNEHAHA BLVD, SOUTHOLD _ n Figur4 3. North Marina:Looking northeast from easterly end of marina docks at inside AUG 2 2 2013 ortion of navigational channel to Corey Creek to be maintenance dredged Southold Town ar f Tr ste Figure 4. North Marina:Looking southwest toward marina docks from SCTM 1000-87-3-4 over inside portion of navigational channel to Corey Creek to be maintenance dredged • • LAUGHING WATERS P.O.A.,555 &2160 MINNEHAHA BLVD,SOUTHOLD Figure S. North Marina:Looking west from SCTM 1000-87-3-5 over middle portion of navigational channel to Corey Creek to be maintenance dredged. I „ 2 2 B ar f Tr e i N t Figure& North Marina:Looking southeast from SCTM 1000-87-3-5 over outside/most easterly portion of navigational channel to Corey Creek to be maintenance dredged. i • LAUGHING WATERS P.O.A.,555 &2360 MINNEHAHA BLVD,SOUTHOLD NY 6692 UJ i:. i- Figure 7. South Marina:Looking east from marina docks at inside portion of navigational channel to Corey Creek to be maintenance dredged. oud-1111 rIlvvh Board ui lru-: �s Figure 8. South Marina:Looking northwest at outside portion of navigational channel to Corey Creek to be maintenance dredged. LAUGHING WATERS P.O.A..555&2160 MINNEHAHA BLVD,SOUTHOLD L . F3) Figure 9. Looking northeast over most easterly shoaled slip be maintenance dredged. Baard cf: AF ' ZL t- Figure 10. Looking southwest at most easterly shoaled slip be maintenance dredged mw aV n`uc MAiN R4 �m 12- xw, � r• w E +i ra+vum ` wa ,•n _.1. r4"w epo` ,a- •t b.e RD osoaw -b.os ` M• ,.Wy .. °`: / a•MR �' `a•`s ,.tye u .fib. M ]t.,r Nry 0 1 e t6ea �... a ♦ M1 I.t 1Ta• 1+c - ,� FOR UNITs !xvq a ,1t Mart a° • 1 y oNt e a �i ` see sEc. z a., n.e x ria •ea.•f �-.....J TRs wve°T eourwso 211 e 1z vitro n.. avw o. fx °t,µ`t TaT •� ¢ ..�,a .� pu1N % % � ywb IS °,uA a oe •' ]t.ra / `,I t • 10 . 5 nn �,e� y, a •, �� / ¢ � M ,• `C �,e tea' ^•'� '� %: 2 3. 10 • m 1 {y ]sN4 x, rb „ �...� l"•.� 1... ..�.�1. 2 so,,T p ns.per F.D.28 LD.43 g " y •�•••r�...wr ����`��IONMO�gTtl1O/ / I /be e NOTICE COUNTY OF SUFFOLK © R sauT„an SECTION NO c uu ______ y O �� ---- --�-- Real�...�Property Tax Service AgAgencyv r psa BM.,.".m.... .,,p, 87 0 PROPERTYM-P EN-CONSULTANTS KAPR C ( 72014i 4, 2014 John Bredemeyer, ChairmanBoard of Trustees —Town of Southol d P.O. Box 1179 Southold,NY 11971 Re: Laughing Waters Property Owners Association,Wetlands Permit No. 6228 Dear Mr. Bredemeyer: In connection with my letter dated February 5, 2014, I understand from your office that in order for the Board to be able to approve the most recently revised project plan prepared by Robert H. Fox, L.S., last dated January 7, 2014,the Board must first issue its Wetlands Permit pursuant to the revised plans discussed at the public hearing, i.e., those depicting placement of the 200 cubic yards of spoil from the South Marina dredge site between mean high and mean low water on the adjacent beach. To that end, please find attached three (3)copies of a project plan prepared by Robert H. Fox, L.S., last dated November 30, 2014. And so that the permit can be subsequently amended to reflect the more recently revised plans already submitted to you, i.e.,those last dated January 7, 2014, which depict all spoil from both marinas to be placed upland of the tidal wetlands on the South Marina, as approved by the New York State Department of Environmental Conservation(permit attached),please also find attached an application to administratively amend the permit accordingly. Should you have any questions or require any additional information to process our request,please let me know. Respectfully yours, Robert E. Herrmann Coastal Management Specialist cc: Teri Mitchell, LWPOA 1319 North Sea Road I Southampton,New York 11968 p 631.283.6360 1 f 631.283.6136 www.enconsultants.com environmental consulting Town Hall Jill M.Dougherty,President • eb��Fk/. 53095 Route 25 James F.King,Vice-President �Q� r� P.O. Box 1179 Dave Bergen �F� Southold,New York 11971-0959 Bob Ghosio,Jr. - John Brederneyer $ Telephone(631) 765-1892 Z . Fax(631)765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD APR - 4 2014 LETTER OF REQUEST FOR AN AMEND t DATE April 4,2014 `rd4 Laughing Waters P.O.A. OWNER c/o Larry B.Kulik,Association President PHONE 631-765-1463 P.O.Box 20 ADDRESS Southold,NY 11971 AGENT En-Consultants PHONE 631-283-6360 ADDRESS 1319 North Sea Road,Southampton,NY 11968 PROPERTY LOCATION 555 &2360 Minnehaha Boulevard,Soutold TAX MAP NO. #1000-87-3-2.1 &60 I/We En-Consultants for Laughing Water P.O.A. request an Amendment to Permit# 3�3 to authorize the placement of all dredge spoil,including approximately 900 cubic yards from North Marina and approximately 200 cubic yards from South Marina,in upland disposal site(landward of tidal wetlands)at South Marina site,as depicted on project plans prepared by Sea Level Mapping,last dated January 7,2014. Signed By: Robert E.HemQn,Coastal Management Specialist �F� /V EN-CONSULTANTS I -- e ary 5, 2014 John Bredemeyer,Chairman F E 8 - 7 2014 Board of Trustees Town of Southold M�u4'+I: t, , P.O. Box 1179 Rj Ls.vL: Southold,NY 11971 Re: Laughing Waters Proyerty Owners Association,Wetlands Permit No. 6228 Dear Mr. Bredemeyer: As discussed during the public hearing on September 18, 2013,please find enclosed three(3) sets of project plans prepared by Robert H. Fox, L.S., last dated January 7, 2014, which have been revised to indicate that rather than be trucked offsite, all dredged spoil from both the North and South Marina dredge sites will be retained in the sandy parking area on the South Marina property, landward of the bulkhead and tidal wetlands boundary. In connection with our discussion regarding the payment of dredge fees,please also fmd enclosed a copy of a deed dated July 19, 1966, which indicates the Association's ownership of the underwater land at the North marina dredge site,to wit: "all that land...starting at a point and place of beginning found by the intersection(a corner)of the Northerly line of Nokomis Road and the Easterly line of Minnehaha Boulevard...to the center line of original gutter which is the Northerly property boundary of Laughing Water property,thence along the center line of same to the Waters of Corey Creek,thence along Corey Creek to the new channel thence along the new channel about 660+feet including the land under the new channel,to Minnehaha Boulevard,thence by and along the Easterly line of Minnehaha Boulevard to the point and place of beginning [emphasis added]." Therefore, it is our understanding that the Association will not be charged dredge fees for the approximately 900 cubic yards of spoil material to be dredged from the North Marina. Should you have any questions regarding the above information or require any additional information from us before the Town Wetlands Permit can be issued,please let me know. Respec lly yours, Robert E. Herrmann Coastal Management Specialist cc: Teri Mitchell, LWPOA 1319 North Sea Road I Southampton, New York 11968 1 p 631.283.6360 1 f 631.283.6136 www.enconsultants.com environmental consulting 1U161V1 0011Y. 1. L11L1b11—'1'U1\ l•UVUU"4" I IDLANA Ht(ilbTtH6UU.S.HAf.UFFIIk- PU 7 Alt we-W.10 IOhap. Statutory Form A) Tu/t/e Law Print.Publishers.Rut/andYl. #nfu Made, the Nineteenth day of July Al'ineteen Hundred and i�t yrn Sixty-six CEDRIC H. WICKHAM of Mattituck, Town of Southold, County of Suffolk, State of New York. t ECG._ . °' . E FEB - 72014 � M ?: part y of the first part, and Board of r';k Laughing Waters Property Owners Association, of Southold, Town of Southold, County of Suffolk, State of New York `parties of the second part, that the party of the first part, in consideration of one and 00/100 and other valuable considerations Dollar (01 .00 ) lawful money of the United States, paid by the part ies of the second part, >y/ does hereby ffrant and release unto the parties of the second part, aVIII their heirs and assi}ens forever, allthat land for the use of the Property owners situated at Laughing Water, near Southold, in Southold Town, Suffolk County, New York, bounded and described as follows: Meadow land and uplands starting at a point and place of beginning found by the intersection (a corner) of the Northerly line of Nokomis Road and the Easterly line of Minnehaha Boulevard, thence Easterly by and along property oof John Tenet ,�y 36.0 - feet to the property of the Catholic Cemetery, thence South 6 28' East 136- feet to a point, thence South 88091 East 155.3 feet to a point, thence along a line a 900to the last mentioned course 140- feet to the center line of original gutter which is the Northerly boundary of Laughing Water property, thence along the center line of same to the Waters of Corey Creek thence along Corey Creek to the new channel thence along the new channel about 660 - feet including the land under the new channel, to Minnehaha Boulevard, thence by and along the Easterly line of Minnehaha Boulevard to the point and place of beginning. �.t�8�6° �L►° wit* appurtenances and all the state and rights of the party of the first part in and to said premises, the premises herein panted unto the part ies of the second part, their heirs and assiffns forever. said party of the first part covenant as follows: ,. rOt. That said party of the first part seized of said premises in fee .simple, and has flood rif'Itt to convey the same; *Irmtb- That the part ies of the second part shall quietly enjoy the said premises; +11,1*1$1. That the said premises are free from incumbrances; ®flllfl` �Q. That the part y of the first part will execute or procure any further necessary assurance of the title to said premises; That said party of the first part will forever LIU M MOlUt the title to said premises. the party of the first part has hereunto set his hand and seal the day and year first above written. 3npre.4mcr of VAL Natdry Public. St-AP5 O f New Yurk No. 52.3889685 r ) Qualified in SIJft'alk C.•.Iun(Y State of (501tutU of Suffolk � •• It f l this ' day of July Nineteen Hundred _andOn , Ikti Sisty-six before me, the subscriber, personally appeared Cedric H. Wickham to me personally known and known, to me to be the .same person described in and who executed the within Instrument,, and he acknowledged to me that he executed the same W. 8 row NNtAry PublIC. State nt clew No. 52-140683 Qualified to rS 3t1M�°unty Coolmiselon Expl 30, RECORDED 1a66 ScF 2? A"! °: 20- .� N0RM A,. r- , , ,r CIERK CIF M RECORDED SP2219� } NORMAN E. KLIPP. Clerk of SAO County ` \ itt I y Q tn `\ U W O x H t, r x . o O O p Z W c [� ., o �. c��d Q U U1 W I N U I Lj d cn a W w bo - � a ( ti OFFICE LOCATION: ��0� $ �,0 MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.)Southold, NY 11971 Telephone: 631 765-1938 0 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD U MEMORANDUM S EP 1 7 2013 To: Jim King, President 5uui;i;,i iut Town of Southold Board of Trustees Board 0 ruste From: Mark Terry, Principal Planner LWRP Coordinator Date: September 16, 2013 Re: LWRP Coastal Consistency Review for LAUGHING WATERS PROPERTY OWNERS ASSOCIATION SCTM# 1000-87-3-2.1&60 En-Consultants on behalf of LAUGHING WATERS PROPERTY OWNERS ASSOCIATION requests a Wetland Permit for a Ten (10) Year Maintenance Permit to maintenance dredge two irregularly shaped areas, known as the "north and south marinas,"to a maximum depth of-4 MLLW; and after dewatering on diked upland areas of respective dredge sites, truck offsite approximately 900 cubic yards resultant spoil from "north marina" and approximately 200 cubic yards resultants spoils from "south marina" to approved upland locations. Located: 555 & 2360 Minnehaha Boulevard, Southold. SCTM#87-3- 2.1&60 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 provided that: 1. Turbidity controls are required. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney �yl:FD� Peter Young,Chairman Town Hall,53095 Main Rd. Lauren Standish,Secretary O P.O.Box 1179 Southold,NY 11971 Telephone(631)765-1892 P� Fax(631)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., September 11, 2013 the following recommendation was made: Moved by William McDermott, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the application of LAUGHING WATERS POA for a Ten-Year Maintenance permit to dredge two irregularly shaped areas known as the north and south marinas, to a maximum depth of-4 MLW; and after dewatering on diked upland areas of respective dredge sites, truck off-site approx. 900 cy. resultant spoil from north marina and approx. 200 cy. of resultant spoil from south marina to approved upland locations. Located: 555 & 2360 Minnehaha Blvd., Southold. SCTM#87-3-2.1&60 Inspected by: William McDermott, Jack McGreevy Vote of Council: Ayes: All Motion Carried 0 James F.King,President Town Hall, 53095 Main Rd. Bob Ghosio,Jr.,Vice-President P.O.Box 1179 Dave Bergen S ' Southold,NY 11971 John Bredemeyer '�0 as Telephone(631)765-1892 Michael J.Domino Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only t� Coastal Erosion Permit Application D E C E I ® E �C Wetland Permit Application Administrative Permit _Amendment/Transfer/Extension Received Application- //J AUG 2 2 2013 Received Fee: Completed Application /3 Incomplete or Town d of Trustees _SEQRA Classification: Type I Type II Unlisted _Coordination: (date sent) )LWRP Consistency Ass ss ent Form /3 CAC Referral Sent: / : ate of Inspection: // j _Receipt of CAC Report: _Lead Agency Determination: _Technical Review: APublic Hearing Held:- 3 Resolution: Name of Applicant Laughing Waters P.O.A. c/o Larry B.Kulick,Association President Address P.O.Box 20,Southold,NY 11971 Phone Number: 631 765-1463 Suffolk County Tax Map Number: 1000 - 87-3-2.1 &60 Property Location: 555&2360 Minnehaha Boulevard,Southold (provide LILCO Pole #, distance to cross streets, and location) AGENT: En-Consultants (If applicable) Address: 1319 North Sea Road,Southampton,NY 11968 Phone:631-283-6360 13 0 Board of Trustees Applicori GENERAL DATA Land Area(in square feet):Unknown Area Zoning: R-40 Previous use of property: Marina Intended use of property: No Change Covenants and Restrictions: Yes No If"Yes", please provide 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 Building Dept• Yes X No Does the structure(s)on property have a valid Certificate of Occupancy Yes No Prior permits/approvals for site improvements: Agency Date Southold Trustees#4933 6/25/98 Southold Trustees#6228 10/19/05 NYS DEC#1-4738-01923/00001 4/14/99 NYS DEC#1-4738-01923/00007 3/28/06 COE#96-05360-L2 7/8/99 COE#2006-00429-L2 5/22/06 No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Ten year maintenance permit requested to maintenance dredge two irregularly shaped areas,known as the"north and south marinas",to a maximum depth of-4 MLLW,,and after dewatering on diked upland areas of respective dredge sites,truck offsite approximately 900 cubic yards resultant spoil from "north marina"and approximately 200 cubic yards resultant spoil from"south marina"to approved upland locations,all as depicted on the hydrographic surveys prepared by Robert H.Fox,L.S.,dated 5-28-13. Wrcl of Trustees Applicatic* WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Continued maintenance of historically maintained navigable water depths in navigation channels providing access to,from,and through marina basins. Area of wetlands on lot: N/A square feet Percent coverage of lot: N/A Rio Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated?+/-1,100 cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: -4 feet MLLW Proposed slope throughout the area of operations: 1:3 side slopes Manner in which material will be removed or deposited: A total of approximately 1,100 cubic yards sand/silt spoil will be dredged via land-based&barge-mounted clamshell bucket crane from two marina sites;dewatered on diked upland areas of respective dredge sites;and trucked offsite to approved upland locations. 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): The project entails the maintenance dredging of two marina basins known as the "north and south marinas,"which were previously maintenance dredged pursuant to Town Wetlands Permit No.4933 issued in 1998. The dredging,which will be subject to State Tidal Wetlands approval from the NYS DEC,will be allowed to occur only outside time periods when protected species such as ospreys and winter flounder are breeding or spawning,respectively;side slopes of 1:3 will be maintained adjacent to the dredge areas to protect and prevent disturbance of the adjacent vegetated tidal marsh; a silt curtain will be employed outside the perimeter of the dredge sites to minimize the scope of ephemeral turbidity during dredging; and the proposed spoil dewatering sites will be diked and sufficiently buffered from the adjacent wetlands and surface waters prior to their removal from the site. Therefore,the project will have no significant adverse impacts on the adjacent tidal wetlands or waters of the Town. 617.20 • SEQR PROJECT ID NUMBER APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1-PROJECT INFORMATION (To be completed by A phcant or Project Sponsor) 1.APPLICANT/SPONSOR 2.PROJECT NAME Laughing Waters P.O.A. 3.PROJECT LOCATION: Municipality Southold County Suffolk 4.PRECISE LOCATION:Street Address and Road Intersections.Prominent landmarks etc-or provide map 555&2360 Minnehaha Bouelvard,Town of Southold,SCTM#1000-87-3-2.1 &60 5.IS PROPOSED ACTION: ❑ New ❑Expansion ❑Nbdification/alteration 6.DESCRIBE PROJECT BRIEFLY: Ten year maintenance permit requested to maintenance dredge two irregularly shaped areas,known as the"north and south marinas",to a maximum depth of-4 MLLW;and after dewatering on diked upland areas of respective dredge sites,truck offsite approximately 900 cubic yards resultant spoil from"north marina"and approximately 200 cubic yards resultant spoil from "south marina"to approved upland locations,all as depicted on the hydrographic surveys prepared by Robert H.Fox,L.S., dated 5-28-13. 7.AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ®Yes ❑ No If no,describe briefly: 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?(Choose as many as apply.) NResidential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open Space El Other(describe) 10.DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(Federal,State or Local) NYes ❑No If yes,list agency name and permit/ approval: NYS DEC,USA COE,NYS DOS 11.DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes NNo If yes,list agency name and permit/ approval: 1dS A RESVLT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? Yes L&No I CERTI HAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor L Robert E.Herrmann,Coastal Management Specialist Date:August 19,2013 Signature If the action is a Coastal Area,and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART 11- IMPACT ASSESSMENT *completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? 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 0 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 or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other 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 CRITICAL ENVIRONMENTAL AREA(CEA)? 11 Yes a No If Yes,explain briefly: E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑Yes 0✓ 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 of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. 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 Board of Trustees Name of Lead Agency Date President Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer rent from response o r) NOTICE TO ADJACENT PROPERTY OWNER f BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Laughing Waters P.O.A. SCTM#1000-87-3-2.1 &60 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Ten year maintenance permit requested to maintenance dredge two irregularly shaped areas,known as the "north and south marinas",to a maximum depth of-4 MLLW,and after dewatering on diked upland areas of respective dredge sites,truck offsite approximately 900 cubic yards resultant spoil from"north marina" and approximately 200 cubic yards resultant spoil from"south marina"to approved upland locations,all as depicted on the hydrographic surveys prepared by Robert H.Fox,L.S.,dated 5-28-13. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 555&2360 Minnehaha Boulevard,Southold 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE: Wednesday,September 18,2013 @ 5:30 p.m. 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. Laughing Waters P.O.A. c/o Larry B.Kulick,Association President PROPERTY OWNERS NAME: P.O.Box 20 MAILING ADDRESS: Southold,NY 11971 PHONE#: 631-765-1463 AGENT: En-Consultants MAILING ADDRESS: 1319 North Sea Road, Southampton,NY 11968 PHONE #: 631-283-6360 Enc: Copy of sketch or plan showing proposal for your convenience. Typical Spoil HYDROGRAPHIC SURVEY Section NORTH MARINA ' Slit s,lt Prepared for: LWPOA Dredge Spoil - Dry Fence move fo approved site Fence Surveyed: 05-28-13 r ICJ 6aies Situate: Corey Creek Town: Southold Suffolk County, NY \ ��'•.° Datum: M L L W 6 601 4o o q Dredge cross hatched area '� 3 to-4 MLLW with u `\ 4 \\ - ' do ,° - -o� 1.2 1:3 side slopes �c", i, (ap _,: -0.1 Prox. 900 cY) a W� of 1 CT3 / scr#1 3 7'3-4Ha99an YR Age�o 4s ,1 .ra/ i , � NIT�xo O Y o� Typical Channel .3° 0,. Section NAA e ' cr �y �►;8' �.. .-Ir> ROBER NYS PLS#50197 3 ``-------- PO Box# 366 4 20' wide Aquebogue - 00811- NY 11931 I • HYDROGRAPHIC SURVEY Iv Typical Channel SOUTH MARINA Section Prepared for: LWPOA W E a Surveyed: 05-28-13 ----------------- Situate: Corey Creek s Town: Southold , C3 Suffolk County, NY floes -----�-- -44 M'LLw- --- -- Datum: M L L W iiN W„p{t OPNtP#'WN N i0 i0�O0Ce NC1CGOtA09m W 60`� ---------- Typical Spoil Section # .-..._........_ slit Dredge 5porl - Dry d Slit w, b o ,t'N Pence move o approved s►te t=ence Ho I Ha �k Bales %bpyiEl'i;1/,el►'(q+5;::-�bfi9�t-!.X'' '; ❑Bal y ------------- :,off_►'- , � � i s Dredge cross e •,� hatched area to-4 MLLW with .apati' •; �' E 1:3 side slopes i 3 (approx. 200 cy) 217 o.a 0.4 _ �J -0.2 -03 a -0.9 All b, ar max. 2'yh g�h -2.e -is a3�0 ',, d mOYe t0 0.7 -1.6 -3.1 0 approved 51te -0.3 _. IN 0.5 %°e _.._ _ -- ws�W_ t �y 41 and , `0,3 1 sJ * O 2 ROBERT H. FOX `� ..0 NYS PLS# 50197" a- b b' PO Box # 366 J Aquebogue NY 11931 t a SOOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: Henry Haggerty Estate 39 Monroe Street New Rochelle,NY 10801 St.Patrick's Cemetery P.O.Box 9023 Rockville Centre,NY 11571 Town of Southold P.O.Box 1179 Southold,NY 11971 Larry B.Kulick 1895 Minnehaha Boulevard Southold,NY 11971 Beck Family Irrevocable Trust 2215 Minnehaha Boulevard Southold,NY 11971 Laughing Waters P.O.A. P.O.Box 20 Southold,NY 11971 STATE OF NEW YORK COiJN'IY OF SLJF XDLK Robert E.Hermann doing business at En-Consultants 1319 North Sea Road Southampton,NY 11968 dLAy svworn, deposes and says that on the 22nd day of August ,20 13 , 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 Southampton , that said Notices were M iled to each of said persons by (certified)(rcgialaxed) mail. Robert E.Herrmann Coastal Management Specialist Sworn to before me this 22nd day of August 2013 KIN H . ST€PH€NS NOTARY PUBLIC STATE OF NEW YORK COMMISSION N0 . 50 1593 1 Nota blic OUALIFIED IN SUFFOLK COU TY EXPIRES AUGUST 2 . 20f? �I Postal� _ RECEIPT r r' 1• I • • - •- • • ••r (Domestic Mail I No Insurance Coverage • ••• co co ma S Postage $ ��p t��P T{1�✓ M Postage $ P M P 7 o Certified Fee ^; e Certified f r 0 �✓ � eed Fee O Return Receipt Fee J'. Postmark I�pgtmark i P C] Return Receipt Fee �`ft1{}{ p (Endorsement Required) AUrj re d (Endorsement Required)Im �1Jt Restricted Delivery Fee 2 p M13 Restricted Delivery Fee "°r3 M (Endorsement Required) C3 (Endorsement Required) Ln Total Postage �C'; Total Postaan R Fsinc a •�. -S Sent To —ant To ra Henry Haggerty Estate � St. Patrick's Cemetery r3 sfreei,-apt.-iuo.; 39 Monroe Street o 3nier,1W or PO Box No. M1 or PO Boxl1 P.O. Box 9023 city siaie,'ziPa New Rochelle,NY 10801 Cin;ate,-; Rockville Centre,NY 11571 :rr Postal Service,. U.S. Postal ServiceTM CERTIFIED . RECEIPTIED MAILT. (Domestic Mail I No • .. Provided) /r Only, • • -• r •- cO For delivery z, ca .7 � e M Postage $ ,r�,' MPostage $ r^ Ln / ,� Certified Fee Certified Fee rq Postmark r q Postmark t3 Return Receipt Fee Art(� Q Return Receipt Fee O (Endorsement Required) U 13 p (Endorsement Required) �e��' Here Restricted Delivery Fee Restricted Delivery Fee ?, (Endorsement Required) (Endorsement Required) w. r- O Total Pr �� r Ln Total Posta, -. r-q r� a Sent To Larry B. Kulick ra Se ° Town of Southold r3 Uireer,A 1895 Minnehaha Boulevard ""' o Miser,At:X P.O. Box 1179 or PO& or PO Box city siai Southold,NY 11971 •----.. �` or PO ox Ni z Southold,NY 11971 :rr , PostalU.S. Postal • RECEIPT cc i (Domestic 1 . Insurance Coverage . .•. (Domestic co Ir rR For delivery information visit our website at www.usps.com,, r-q PEK-Jiu-MUMMS _r Z" tm Postage $ ,NMP ��., LnIEndOrsementRequired) ostage $ CIA �4�` t ✓ f Certified Fee {�v �/ ed Fee lP a0 Return Receipt Fee �P°strnark Returnipt Fee Atl QerD Q (Endorsement Required) A Q quired) Here Restricted Delivery Fee ��� RestrictedDelivery Fee (Endorsement Required) p quired)LnTotal P \� . .. _ .': � � otal Por — "` ra ntTo Beck Family Irrevocable rust � nrry Laughing Waters P.O.A. C3 s`aeer, 2215Minnehaha Boulevard ���- o 'W' P.O. Box 20 -••-- (ti or PO& Southold, NY 11971 r or PO Box citl sie i*State Southold,NY 11971 :rr rr. 0 0 ��gUFF414'�d James F.King,President + Town Hall, 53095 Main Rd. Bob Ghosio,Jr.,Vice-President P.O.Box 1179 Dave Bergen Southold,NY 11971 John Bredemeyer '�►4 Telephone(631)765-1892 Michael J. Domino '� �` Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of LAUGHING WATERS PROPERTY OWNERS ASSOCIATION COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS IN PLACE FOR EIGHT DAYS 1, Robert E.Herrmann , nbidlir"t /dbaEn-Consultants 1319 North Sea Road,Southampton,NY 11968 being duly sworn, depose and say: That on the 6th day of September , 2013, I personally posted the property known as 555&2360 Minnehaha Blvd,Southold,SCTM# 1000-87-3-2.1 &60 by placing the Board of Trustees official 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, September 18, 2013. Dated: (signature) Robert E.Herrmann,Coastal Management Specialist Sworn to be ore me this I day of 2013 Public KIM H . STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO . 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 . 20-V NOTICE OF HEARI- NG NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWN ERS OF RECORD:/.a& ,1d2h;n3 P. 1 SUBJECT OF PUBLIC HEARING: A Ten (10) Year Maintenance Permit to maintenance dredge two irregularly shaped areas, known as the "north and south marinas," to a maximum depth of-4 MLLW; and after dewatering on d*ed up4and areas of respective dredge sites, truck offsite approximately 900 cubic yards resultant spoil from "north marina" and approximately 200 cubic yards resultants spoils from "south marina" to approved upland locations. TIME & DATE O PUBLIC HEARING: • c�ne sae ambler ! B' oZO13 • off- cx S:' If you have an interest in this project, you are invited to view the Town file(s) which are available for ins to the day of the hearing during normal business days between therection �rior ours o8 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) Pa"tc eikh residing at i (print owner of property) (mailing address) do hereby authorize E�Q�it�Sll�T.ON (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Own .ram nature) p3sacr�Tian/ APPLICANUAGENUREPRESENTATIVE 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. YOURNAME: LAU661IM6 tOATM Rjt?PN_7-q t7&nL7LS (Last name,first name,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 (If"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO y 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 14114 Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Zo I Z Submitted this X day of TWC- 204- Signature Print Name -e4ze ls. !!Llee Form TS 1e - Board of Trustees Application County of Suffolk State of New York I.VY111 , GAL/GC 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 HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S),IF GRANTED. IN COMPLETING THIS APPLICATION,I HEREBY AUTHORIZE THE TRUSTEES,THEIR AGENT(S)OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS o'�� DAY OF !WS ,20 Z otary Publi Notary Public,Sta EL a of New York No.01SE6061663 Qualified In Suffolk County Commission Expires July 16.20, Town of Southold • • LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for perm its' including Town of Southold agencies, shall com plete this CCA F for proposed actions that are subject to the Town of Southold W aterfront Consistency Review Law , This assessm ent is intended to supplem ent other inform ation used by a Town of Southold agency in m a k in g a d e t e r m i n a t i o n o f c o n s i s t e n c y. *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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 87 - 3 - 2.1 &60 PROJECT NAME Laughing Waters P.O.A. The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees 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: Ten year maintenance permit requested to maintenance dredge two irregularly shaped areas,known as the"north and south marinas",to a maximum depth of-4 MLLW;and after dewatering on diked upland areas of respective dredge sites,truck offsite approximately 900 cubic yards resultant spoil from"north marina"and approximately 200 cubic yards resultant spoil from"south marina"to approved upland locations,all as depicted on the hydrographic surveys prepared by Robert H.Fox,L.S.,dated 5-28-13. L Location of action: 555&2360 Minnehaha Boulevard,Southold Site acreage: Present land use: Marina Present zoning classification: R-40 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:Laughing Waters P.O.A. (b)Mailing address: c/o Larry B.Kulick,Association President P.O.Box 20, Southold,NY 11971 (c) Telephone number: Area Code 631-765-1463 (d) Application number, if any: 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? NYS DEC,USA COE&NYS DOS C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria 11 Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III- Policies Pages 8 through 16 for evaluation criteria ❑Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ❑Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ®Yes ❑ No ❑ Not Applicable The project entails the maintenance dredging 00to marina basins known as the"north and south mari as,"which were previously maintenance dredged pursuant to Town Wetlands Permit No.4933 issued in 1998. The dredging,which will be subject to State Tidal Wetlands approval from the NYS DEC,will be allowed to occur only outside time periods when protected species such as ospreys and winter flounder are breeding or spawning, respectively;side slopes of 1:3 will be maintained adjacent to the dredge areas to protect and prevent disturbance of the adjacent vegetated tidal marsh; a silt curtain will be employed outside the perimeter of the dredge sites to minimize the scope of ephemeral turbidity during dredging; and the proposed spoil dewatering sites will be diked and sufficiently buffered from the adjacent wetlands and surface waters prior to their removal from the site. Therefore,the proposed project is consistent with Policy 6. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ® Yes ❑ No❑ Not Applicable To the extent that the project is designed to maintain navigable water depths and access to marina basins that provide safe harbor and navigational access for the local community,the project is consistent with the Policy 9 goal of encouraging the recreational use of coastal waters. The project will in no way impede any public access to or recreational use of coastal waters of public lands. Attach additional sheets if necessary WORKING COAST POLICIES Policy'10. Protect Southold's w9r-de endent uses and promote sitit5forne f ew water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through valuation criteria. ® Yes ❑ No ❑ Not Applicable The project is consistent with the Policy 10 standards of protecting existing water-dependent uses and providing sufficient and adequate navigation infrastructure for water-dependent uses,particularly by maintenance dredging to protect and maintain existing and previously permitted navigation channels that provide access to existing marina basins. 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 Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ❑Yes ❑ No ® Not Applicable PREPARED BY T1U E Coastal Mgmt. specialsit DATE 8/19/13 Robert E. errmann Amended on 811105 EN-CONSULTANTS August 20, 2013 D E C u� Town of Southold Board of Trustees AUG 2 2 2013 54375 Main Road Post Office Box 1179 Southold,New York 11971 outho own Re: Laughing Waters P.O.A. 555 &2360 Minnehaha Boulevard, Southold SCTM#1000-87-3-2.1 &60 Dear Board of Trustees: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: l. Three(3)Wetland Permit Applications including: a) Short Environmental Assessment Form; b) Authorization&Disclosure Forms; and c) Hydrographic surveys prepared by Robert H. Fox,L.S., dated 5/28/13. 2. One(1)set of site photographs. 3. LWRP Consistency Assessment. 4. Application fee of$250.00 wetlands. I trust this information shall allow you to process our permit request. Should any additional information be required,please do not hesitate to contact our office. Sine rely, Rober E. Herrmann Coastal Management Specialist /khs Enc. - — 1319 North Sea Road I Southampton,New York 11968 1 p 631.283.6360 1 f 631.283.6136 www.enconsultants.com environmental consulting Typical Spoil HYDROGRAPHIC SURVEY Section NORTH MARINA i snt Preyqa 5pon site SiltN Prepared for: LWPOA Ka Fence South r•Ino Property Fame ,�ze ++ay , w Surveyed: 05-28-13 ° Bajee ID Bales Amended: 01-07-14 -=l�' �c Situate: Corey Creek o*, 3 Town: Southold zo* Suffolk County, NY . Datum: M L L W q Dredge hatched area a? ? to-4 MLLW with n n 23 1:3 side slopes E C 2e (approx. 900 cy) ` 'T 9� ,.� _�;a -o. - ?•. place on South °, ,o __ Marina Spoil Site F E B — 7 2014 j o '.a fie O q do .o -- V Board •a ♦' SCT# / S HVg t �fr ♦ yy- BOAKD OF TRUSTEES TOWN OF SOUTHOLD ♦ � o� 6 DATE 4 l � •���� ?sue 0 O� C-1 ��- Section ROBERT H � • r. NYS PLS# 1 7 -, -- -- xob° PO Box# 3 .. 1 _ 20' wide °a Aquebogue o. 050�9 J� b - -T f H— - tost NY 11931 D SAND sU� * 'HYDROGRAPHIC SURVEY N Typical Channel SOUTH MARINA W E Section -- Prepared for: LWPOA 101-1 . ---- ------------ Surveyed: 05-28-13 www�1•��?�1 S - Amended: 11-05-13 _ C�N;�rm�oobboboobt - 01-07-14 ` float -6---- --=.wide— — Situate: Corey Creek -4 MLLW Town: Southold bb�aw��vpobbiroa�w Suffolk County, NY Typical Spoil Datum: M L L W ---------- Section 511t Dredge 5poll 51te Slit Pence South Karina Property Fence +may Hay Sales ❑Bales FEB - 7 201jJ Dredge cross _ •__„_ _ < ��',m _ hatched area yY.r�h9', ri to-4 MLLW with Boar "souk -; ! 1:3 side slopes Sc ii. r`���' o;Q _ 3 (approx.200 cy) L1NPpq �fo .'/ / ,^`Y,?,f Y�$jy' 2.7 0.9 0.4 2.0 os J 7/ x�:�...... �d -0.2 -0.3 rh Siao/j ' "sue `�a ' •aea Oh �t p17 �k.2�f7�9 =0,0 -'2.0 `3 _ d --P,,A�� _• -0.S f�0 �J>3 �� 0 d0 3 3 ' Q ` �> `JS z� gyp.f - t `Q 0.3 ROBERT H. FO NYS PLS#501 ` t ,o PO Box# 366 Aquebogue 4V NY 11931 �c�; HYDROGRAPHIC SURVEY Typical Spoil Section NORTH MARINA -. 4 silt silt H Prepared 05-2&13 2'• > , for: LWPOA 4 F� Dredge Spoil Fame Surveyed: 4 sales bales Amended: 11-30-13 -4 '�° F sla,ate: Corey creek '4' S Town: Southold 20* Suffolk County, NY Datum: M L L W Dredge cross °ems hatcl1ed area 2.3 ? �°-�""�-w APPROVED BY ----- a'� _ a -- 4 1:3 side 310 taprX.900 StRD OF TRUSTEES . L - -- ��A TO" SOt1 1401D -- ------ b� 1a '1Artp ♦ t Apo""'- - i `,fie 'a ♦ ♦ ' ` i 1000-87-3-3 ♦ 1 ♦ , t i Haggerty ;� Of NEIV' DE C F ,b� _ ►. APR - 4 2014 �� . �ti�u+1 T... ica Ch nel �� 0 SF ZAN�' ROBERT H. WS PLS#50197 /, ,� •co PO Box#3% 20'wide \ •� ° Aquebogue NY 11931 HYDROGRAPHIC SURVEY N Typical Channel SOUTH MARINA w E Section , Prepared for: LWPOA --------- ®x Surveyed:05-2&13 ----- , Amended: 11-W1 3 w =" 'obi o o s 11-30-13lit141de Situate: Corey Creek O $ -4 MUM Town: Southold iiNU�' pOAOPV+;�N Suffolk County, NY Spoil Dewatedng Datum: M L L W """"-' & slit Section sit Fame Dredge Spoil ( Fye^�n-e �� 1 1 i O io J� `� BQ•65 ��Q169 �100• N 34 �10to Dredge CroSS hatched Area to-4 MLLW with 1:3 side slopes (approx 2W Cy) ,., 2.7 !/ 0.9 C =.0 J 0.5 3 G r _ _ �• --� • s ROBERT ° NYS PLS#50197 y N%' PO Box#366 ; Aquebogue NY 11931