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HomeMy WebLinkAboutDAM POND BRIDGE TRUSTEES John M. Bredemeyer, HI, President Henry P. Smith, Vice President Albert I. Krupski, Ir. John L. Bednoski, Jr. JohnB. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 TO: FROM: RE: DATE: Town Attorney, Harvey Arnoff Assistant Town Attorney, Matt Kiernan Joh~ Bredome~President, Board of Trustees People VS Chesterfield (Chapter 97 matter) September 17, 1991 Please be advised that the Southold Town Trustees have authorized the dropping of all pending charges in the above referenced matter for those defective acts of the NYSDEC and NYSDOT carried out by their contractor Chesterfield Associates relating to lack of permit, navigation and environmental hazards in the Dam Pond Bridge re-constructions; because we believe such defects have or will be substantially addressed to our satisfaction by virtue of mitigation measures adopted by the State. Nothing in this release shall be interpreted as releasing any County or State agency or their contractors or agents from the unauthorized construction of this bridge on Town land owned and managed by the Town Trustees. The proPerty transfer in this matter is still pending with Suffolk County government. We are presently attempting to transfer title to this land expeditiously. JMB:jmt cc: Bay Constable TRUSTEES John M, Bredemeyer, III, President Henry P. Smith, Vice President Albert J. IC,-upski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 September 17, 1991 Honorable Michael Carraciola Mushroom Meadows Box C Aquebogue, NY 11931 RE: Dam Pond Bridge Reconstruction~ Dear Mr. Carrocio!a: Late in 1990 the Southold Town Trustees contacted the New York State Department of Transportation (NYSDOT) in connection with the bridge reconstruction currently near completion on the Dam Pond Bridge, Orient. At that time, the NYSDOT approached Suffolk County Public Works Commissioner Joseph Hurley to help transfer title to the Town Trustees of the westerly six feet of sureambed affected by moving this bridge six feet to the East. (copies of communications enlcosed). To date we have heard nothing further in this maurer and hoped that you could help review and speed up this process such that this property transfer could take place prior to the Bridge opening this fall. I hope you understand that although a mere slx feet may seem small in comparison to the many miles of road right of way owned by the County, the state of New York acknowledgement and affirmation of our ownership of our tidal streams may be very important for those of us here and in Riverhead Town who are relying on the principles seu forth in the Andros Patent to re-affirm our inherent rights of home rule and self determination. Thank you for your cooperation in this matter. John M. Bredemeyer, III President, Board of Trustees cc: Supervisor Harris, Harvey Arnoff, Matt Kiernan TRUSTEES John M. Bredemeyer, 1II, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednosld, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 September 17, 1991 Joseph P. Hurley, P.E. Commissioner Department of Public Works P.O. Box 59 Yaphank, NY 11980-0059 RE: Conveyance of County-owned Land to the Trustees of the Town of Southold. (Dam Pond) Dear Mr. Hurley: To date the Southold Trustees have not heard any response to your inquiry of Joan Scherb of January 23, 1991 (copies enclosed) in reference to our request to transfer title to the streambed of Dam Pond Channel to the Southold Town Trustees. Could your offices work with the Department of Law Real Estate Section or that County entity currently charged with such duties to expedite this matter. The Southold Trustees are anxious to transfer title to this bridge abutment/road bed prior to it re-opening. Thank you for your-cooperation in this matter. Very truly yours, Bredemeyer, III President, Board of Trustees JMB: ]mt ellc. cc: Mike Carraciola TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednosld, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 TO: FROM: RE: DATE: Harvey Arnoff~ Town Attorney John M. Bredemeyer, III~ President, Board of Tru~e-e~ Communication to you of January 31, September 17, 1991 1991 Please respond ~o the copy of the aforementioned memo ASAP, as we are trying to conclude the property transfer on the Dam Pond Bridge well in advance of the new structure opening. Possibly you'or Matt would want to have this language reviewed by Jack Sherwood for accuracy as he has a reputation for being very knowledgeable in these matters. JMB: jmt enc. cc: Supervisor Harris TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert I. Kmpski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIs Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 TO: Don Dzenkowski, Bay Constable FROM: John M. Bredemeyer, III President, Board of Trustees RE: Dam Pond Bridge DATE: June 20, 1991 Please provide this Board with a written report of the following information prior to our July 11, 1991 meeting: What is the width between the bridge abutments of the Dam Pond Bridge. What is the depth of the channel between the abutments: Is it uniformly deep? Any hazards to navigation at this time? Please ascertain from persons on site who work for Chesterfield Associates where the fill materials are to be placed in the channel or along the abutments? Permit? planned As per DEC Please try to ascertain the degree of DEC oversight received by Chesterfield Associates. To date, have any DEC permit modifications beenmade? For your information, this project is continuing on Town property without all necessary approvals. You are requested to get this information so that the Board of Trustees may properly rule on a pending property transfer drawn up by the SuffOlk County Real Estate Section and make a determination as to whether we will have to proceed in a court of law to maintain the navigability of this tidal s~ream. CC: Supervisor Harris Mat Kiernan Board of Trustees TRUSTEES J~tlfi~ ~q[~ Bredemeyer, III. President He'n~ P. Smith, Vice President Albert J. Kmpski. Jr. John L. Bednoski. Jr. ! - John B. Tuthill ~ ,iT~lephone 1516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: FROM: RE: Harvey Arnoff, Town Attorney Bredemeyer, III; President~ John / 7~-~/ Conveyance of County owned Lan~P~-O~the DATE: January 31, 1991 SCOTY L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Somhold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Town Trustees Please review the attached material for your comments with particular attention to: 1. Is the property description accurate and proper for a Suffolk County conveyance to the Town? 2. Should we have the N.Y.S.D.O.T. prepare a similar property description for us to prepare a transfer to the County or State of the property on the west side which will become bridge? 3. Or Should we retain the westerly pzece without comment? TRUSTEES John M. Bredemeyer. III. President Henry P. Smith. Vice President Albert J. Krupski. Jr. John L. Bednoski. Jn John B. Tuthill Telephone (516~ 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: RE: DATE: Matthew Kiernan, Assistant Town Attorney Board of Trustees~X~/~2~ Dam Pond Bridge, D~Pin ~ 0041.60.201 December 21, 1990 Please be advised that at the Board of Trustees regular meeting of December 20, 1990 the Board discussed the Dam Pond Bridge au which time they discussed that the Town Should be indemnified and held harmless from any activity of the contractors for this project. The President of the Board of Trustees witness~work in progress today, December 21, 1990, such that a large concrete bridge abutment may fall on Trustee land. The Trustees request that you take action in this matter. If you need to contact the Department of Transportation, the project manager is Mike Geiger. JMB:jmt cc: Bay Constables Supervisor Harris TRUSTEES John M. Bredcmeyer, III. President Henry P. Smith. Vice President Albert J: Kmpski. Jr. John L. Bednoski. Jr. lohn B. Tuthill Telephone ~'516~ 765:1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516~ 765-1823 Telephone (516) 765-1800 October 22, 1990 Peter Wenczel West Shore Drive Southold, NY 11971 RE: Dam Pond Bridge Dear ~el: Please take the time to respond of July 13, 1990. in writing to my attached letter The Town Trustees are now in agreement with New York State in most environmental controls for the Dam Pond Bridge with the exception of the removal of the rocks beneath the proposed structure. Absent your response within a short period of time the Trustees could not guarantee preventing a permanent navigation hazard on site. I would encourage you to discuss this with affected members of your association. Thank you for your cooperation in this matter. Sincerely, redemeyer, President, Board of JMB: j mt III Trustees TRUSTEES John M. Bredemeyer, HI President Henry P. Smith. Vice President Albert J. Kmpski. Jr. John L. Bednoski. Jr John B. Tuthitl Telephone (516 ~ 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: RE: DATE: Harvey Arnoff, Town Attorney Matthew Kiernan, Assistant Town Attorney John M. Bredemeyer, III, President~oard of Trustees Dam Pon~ Bridge Project ~"~ October 12, 1990 Attached is Trustees' resolution with respect to the Dam Pond Project. As construction is continuing and there has been no further communication, there is no other alternative but to proceed with legal action. Kindly schedule a meeting with the Bay Constable, and myself with one or both of you being present. An early AM meeting on Monday, Thursday or Friday would be convenient for me. Please let me know as soon as possible. Thank you. TRUSTEES M. Bredemeyer. ill, Presklent ttenry P. Smith. Vice President Albert J. Krupski, Jr, John L. Bednoski. Jr. .~ohn B. Tulhill Telephone [ 516) 765-1892 October 1, 1990 Commissioner Joseph Hurley Dept. of Public Works Yapank Avenue Yapank, New York 11980 ~'~%~.%~'~ ~ Town Hall, 53095 Main Road '~ %~ P.O. Box1179 BOARD OF TOWN TRUSTEE~~ ~ · Fax (~ L6),q65 - 1823 TOWN OF SOUTHOLD RE: Dam Pond, NYSDOT PIN ~0041.60.201, NYSDEC #10-89-1286 Rt 25 Dam Pond Channel, Orient, Suffolk County Dear Commissioner Hurley: Recently the NYSDOT commenced activities on the above referenced project. As per conversations with the NYSDOT Project Manager, Mike Gieger, we understand a communication from the NYSDOT may have recently been directed to your offices as Suffolk County owns the land where a section of bridge abutment may revert to underwater land. Whereas the Southold Town Trustees are concerned With maintaining title to underwater land which the Town has held since 1676. And whereas the NYSDOT took the liberty of moving th~ bridge abutments and stream course without our prior permission, we are hopeful your offices will help expedite and transfer title to this underwater land to the Trustees. We are prepared in kind to transfer title to that section of the tidal stream bed which will become the new bridge to NYSDOT or Suffolk county whichever the law warrants. Thank you for you cooperation in this matter. Sincerely, ~John M. Bredemeyer, III President, Board of Trustees' JMB: jmt cc: Mike Geiger, NYSDOT TRUSTEES John M. Bredemeyer. IlL President Henry P. Smith. Vice President Albert J. Kmpski. Jr. John L. Bednoski. Jr. John B. Tuthill Telephone (516~ 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervis~,x Town Hall. 53095 Main Road P.O. Box !179 Southold. New York 11971 Fax f516) 765-1823 Telephone (516) 765-1800 October 1, 1990 MClchael Gieger Project Manager NYS Dept. of Transportation Veterans Memorial Highway Hauppauge, NY 11788 RE: Dam Pond, NYSDOT PIN ~0041.60.201, NYSDEC ~10-89-1286 Rt 25 Dam Pond Channel, Orient, Suffolk County Dear Mr. Gieger: This letter is to inform you that the Southold Town Trustees are no longer in a position to wait for your agency's response-to our numerous requests. Although my recent conversations with you have been quite positive there have been no confirmations in writing from you or your superiors. The Trustees have forestalled additional legal action in this matter to permit the construction of the temporary bridge on the site. This period is rapidly drawing to a close. I have taken the liberty of copying individuals in a position of superior authority who may help us directly in our simple needs. Your cooperation in this matter would be greatly appreciated. Sincerely, John M. Bredemeyer, III President, Board of Trustees JM~: jmt Enc. cc: See Attached List TRUSTEES John M. Bredemeyer. III. President Henry P. Smith ~ Vice President Albert J. Kmpskk Jr. John L. Bednoski. Jr. John B. Tuthill Telephone (516) 765-/892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOFf L. HARRIS Su~rvisor Town Hall, 53095 Main Road P.O. Box 1179 $outhold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 1, 1990 Harold Berger Regional Director NYSDEC - SUNY Room 219 - Bldg. 40 Stony Brook, NY 11790 Dam Pond, NYSDOT PIN %0041.60.201, NYSDEC ~10-89-1286 Rt 25 Dam Pond Channel, Orient, Suffolk County Attached Copies of Correspondence to Dept. of Transportation Dear Mr. Berger: Recent Conversation with Chuck Hamilton of your staff indicated removal of a navigation hazard of rocks under the above referenced bridge could be accomplished through a simple permit amendment. The Southold Trustee's original letter to Mr. George Hammarth of NYSDEC in response to a notice of complete application which appeared in the Environmental News Bulletin in March 1990 was never answered. The Southold Town Trustees call upon your offices to execute a promptly amended NYSDEC permit should the NYSDOT request one. Sincerely, . Bredemeyer, President, III Board of Trustees JMB:jmt Enc. cc: NYS Senator Ken LaValle NYS Assemblyman Joseph Sawicki Chuck Hamilton NYSDEC Mike Gieger NYSDOT TRUSTEES John M. Bredemeyer, III. President Henry P. Smith. Vice President Albert J. Kmpski. Jr John L Bednoski. Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765- 1800 September 28, 1990 The following action was taken by the Board of Town Trustees at its regular meeting worksession held on September 27, 1990: RESOLVED, the Southold Town Trustees empower and encourage the President of the Board, the Town Attorney, Bay Constable, and Police, to pursue legal action in the Dam Pond Bridge matter as is necessary to protect the property rights of the Trustees and the people of Southold Town, the right of navigation for vessels using Dam Pond and address the permit and environmental needs previously outlined by this Board in communications to the NYS Department of Transportation dated 8/20/90 and 4/18/90. This resolution was unanimously approved. TRUSTEES John M. Brederaeyer, III. President Henry P. Smith. Vice President Albert J. Krupski. Jr. John L. Bednoski. Jr. John B. Tothil] Telephooe (5 l 6/ 765-1892 BOARD OF TOWN TRUSTEES TOWN DF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516/765-1800 August 30, 1990 TO FILE: NYSDOT/DAM POND FIELD NOTES/JOHN BREDEMEYER, SOUTIIOLD TOWN TRUSTEE OFFICE PRESIDENT 8/29/90 noted at 18:00 hours: Work started on Dam Pond / NYSDOT Project 8/29./90 at 18:45 hours: Referral to Bay Constable: Issue violations as necessary pursuant to Chapter97 and 32. 8/29/90 at 18:55 hours: To Jane Blados: Provide copies of letter to Craig Siracusa to Town Attorney and Supervisor. Instruct Town Attorney to seek injunctive relief if necessary before court of competent jurisdiction. Please inform TA that DOT contact, Mike Geiger unavailable to take phone call at time suggested by his office (4:00 PM today 8/29/90) No answer. TRI~STEES John M Bredem~Yer. III. President Henry P. ~$r~tth. Vice President Albert J. K~Pski- Jr. .John L. Be&q°ski- Jr. John B, ,~uthill Telephon~($ ,6 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCO~T L. HARRIS Supervisor Town Hall. 53095 Main Road P.O, Box [ 179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 August 20, 1990 Craig Siracusa Regional Design Engineer Department of Transportation Hauppauge, NY 11788 RE: NYSDEC 10-89-1286 NYSDOT PIN: 0041.60.201 Rt 25 Dam Pond Channel Orient, Suffolk County Dear Mr. Siracusa: This letter is a reply of your July 3, 1990 letter as discussed by the Board of Trustees at their July 26, 1990 meeting as well as a reply to regional real estate officer Frederick C. Persan's letter to Supervisor Harris of August 7, 1990 which has been referred to this office for comment. Il&2) We are in receipt of the right of way taking area described in the letter of Mr. Person to Supervisor Harris of August 7, 1990 entitled parcel No. 100. In addition, prior to execution of this document on behalf of the Town, the Southold Town Trustees will need to execute a quit claim deed from New York State transfers the State's ownership, interest and title, if any, to all those portions of land which will remain or will become underwater land as a result of this pro3ect. This will be that area below MtIW where the bridge abutment is moved to the east and those portions of the R.O.W. taking areas on the north which shall be below MR-W at the conclusion of this project. (3&4) Certainly the Trustees do not wish to take issue with the unquestionable superior sovereignty of the State of New York. However, it should be noted that with the adoption of the Coastal Zone Management Act it is clearly the policy of the N.Y.S. Department of State that all coastal zone actions shall be consistent with New York State's official 44 coastal zone policies. The Board of Trustees questions the construction of a permanent structure hindering navigation without serious discussions on the future needs of those water dependant users such as Baymen and residents with small outboards who will use the channel. With respect to the need for permits the Trustees may be in a position to grant a waiver of the Town Wetlands Ordinane~ if they have solid information and assurances that the interests of that Town will be fully served. Such a waiver cannot however be interpreted as a surrender of any of our Andros ~atent powers and would be contingent on satisfactory conclusion of all matters herein discussed. 5) The Trustees wish to commend you on your offer to help us protect the area from storm water runoff. Please provide us with a supplementary drawing and engineering assessment of the catchment area. 6) With respect to the requested dredging of the channel beneath the bridge the Trustees are firm in their request to see a level of four feet below mean low water (MLW) to facilitate safe navigation in the future. The existing hard rock base beneath the bridge is clearly supporting the ten foot deep hole in the channel north of the bridge which is of doubtful benefit to anyone or anything. At the very least the Trustees would hope to see the work plan amended to include the removal of the hard base material in the channel to a depth of 4' below MLW with restoration to the approximate current level of 1' below MLW with native sand and gravel. This is so as to not preclude the possibility of dredging the channel in the future. Please do not hesitate to call if we may be of further assistance in this matter. We are prepared ko expedite this process in order to protect the public safety consistent with our obligations to protect Town interests. ~ncerely, President, Board of Trustees JMB:jmt cc: Supervisor Harris Town Board Town Attorney, Harvey Arnoff Highway Superintendent, Ray Jacobs NYSDEC Contact Person George Hamarth NYSDOS Peter Walsh Fredrick C. Persan Chesterfield Associates, Gilbert Simmers C.A.C, TRUSTEES John M. Bredemeyer. III. President Henry P. Smith. Vice President Albert J. Krupski. Jr. John L. Bednoski. Jr. John B. Tuthill Telephone (516~ 765-1892 August 17, 1990 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Gilbert W. Simmers, Jr. Chesterfield Associates, Inc. P.O. Box 1229 Westhampton Beach, NY 11978 RE: Dam Pond Bridge, Orient. Dear Mr. Simmers: This letter will confirm our conversation of yesterday as well as address the questions contained in your letter of August 13, 1990. The Sou;~old Town Trustees administer a local wetlands ordinance which requires a permit for activities (cut,fill,construction,etc.) within 75' of any wetlands. As the freshwater wetlands contained 6n the property, of E. Davies Allan are closely associated'with the shoreline of the man made pond itself, any activity beyond 100' from its shoreline would be entirely non-jurisdictional for this office. Although I cannot say so wit~-cert~i~tY,-I understand the NYSDEC does not necessarily apply thei~ freshwater wetland jurisdiction to entirely man made ponds. Yo~ should nevertheless contact the Chief of their freshwater wetlands section, Mr. Steven Sandford at 751-7900 to be sure. As the proposed movement of material from Mr. Allan's property may constitute a mining operation under Southold's Codes, it is advisable that you check with th~ Town Building Department and Planning Department respectively at 765-1802 and 765-1938 for any permissions necessary. In closing I would like to emphasize my Board's position that the Dam Pond project is still awaiting certain Southold Trustee authorizations, property sales/transfers and NYSDEC permit changes, which we hope to pursue promptly. Now that the contract has b~en awarded for t~s project we will make every effort to accelerate this process and keep you informed as to the status. Please do'not hesitate to contact this office if we may be of further assistance. Sincerely, Bredemeyer, Iit President, Board of Trustees JMB: jmt cc: Planning Board Building Department Supervisor Harris and Town Town Attorney Board TRUSTEES John M. Bredemeyer, III, Presiden! Henry P. Smith, Vice Prcsidenl Alber~ J. ICrupski, Jr. John L. Bednoski. Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTt L. HARRIS Supexvisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 13, 1990 Mr. Peter Wenczel West Shore Drive Southold, NY 11971 RE: Department of Transportation/Dam Pond Bridge Dear Mr. Wenczel: Recently the New York Department of Transportation made application to the N.Y.S.D.E.C. for a wetlands permit to the Dam Pond Bridge in East Marion. rebuild The proposed structure, while nearly identical in height and width over the "waterline" to the existing bridge, it does no~ include any maintenance dredging beneath the bridge. As several years ago the association had requested dredging in the area to help John Williams and other baymen access the creek, your input at this time might make navigation under the new bridge easier. Absent any concern on your part, it is unlikely the Trustees will pursue their current request with the DOT at the DEC level. If you could submit a written response before our July 26, 1990 worksession, it would be appreciated. Our file and a full set of DOT plans is available at the Trustee Office for your use in this matter. Sincerely, John M. Bredemeyer, III President, Board of Trustees JMB: jb John M. Bredemeyer, III. President Henry P. Smith, Vice President Albert J. ICrupski, Jr, John L. Bednoski. Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 11, 1990 TO: FROM: RE: Town Attorney's Office ~V~ John M. Bredemeyer, III - President ~ Q~ Attached letter from NYSDOT/Dam Pon~ B~idge Could your office please review the attached correspondence (particularly items numbers 3 & 4) and prepare a written report on same or be present for a discussion with the Board at our July 26, 1990 6:00 PM worksession? Time is of the essence for a decision on this matter; sure no one at the DEC offi DOT is going to wait Eor us stands. as I'm as it now One question I have is: Was not chapter 32 of the Laws of 1893 an affirmation of our patent powers in that we existed and functioned with these same powers prior to that date at a time when the State was already a sovereign "superior" entity? Thank you for your assistance. TRUSTEES John M. BredemeyeL IIL President Henry P. Smith~ Vice President Albert J. Krupski. Jr. John L. Bednoski. Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Somhold, New York 11971 Fax (5t61 765-1823 Telephone (516~ 765-1800 April 18, 1990 Craig Siracusa, Regional Design Engineer New York State Dept. of Transportation State office Building, Veterans Highway Hauppauge, New York 11787 RE: Dam Pond Bridge, Rt 25, East Marion Dear Mr. Siracusa: This letter is being sent to your office at the suggestion of Michael Geiger and as confirmation of a phone conversation I had with him this morning with respect to the Dam Pond, East Marion Bridge Restoration. The Southold Town Board of Trustees visited the site on April 17, 1990 with a set of plans your office had previously supplied to our Highway Department. The following requests and concerns were discussed by the five members of the Board on site at that time: 1. To change the "Stream Course" six feet to the east the N.Y.S.D.O.T. must secure an easement from the Southold Town Trustees for placemen~ of the westerly bridge abutment on Town Trustee Land. Title to all the lands under mean high water in this portion of the creek are held by the Trustees under the Andros Patent which dates to 1676. 2. The N.Y.S.D.O.T. must abandon and/or transfer to the Trustees any rights previously acquired for that six foot portion of former Trustee land where the current east abutment sits which will once again become a flowing tidal stream. 3. The Trustees maintain that a permit is required under Chapter 97 of the Town Code which is the Local Wetlands Ordinance. 4. The Trustees maintain that a permit is required for the placement of any structure on Trustee land under Chapter 32 of the Laws of Southold Town and the Laws of 1893 of the State of New York. These codes specifically affirm our ownership of the creek bottoms and our right to manage, lease or convey these properties. 5~o' T~e. Tr~st~s w~t no highway surface drainage from this p ~ec~ to De dlrectly routed into the tidal streamor adjacent wetlands. More specifically, they would like to see a minimum 2" rain~all retention in the area of the temporary bridge approach on the east side of the bridge abutment easterly to the first main sea wall drain. This area is frequented by sight seers with pets and we wish to minimize direct Coliform bacteria discharges to the creek/bay. 6. The Trustees N.Y.S.D,E.C water to to see aM amendment of to. the permit dredgiag under the to four feet 'below mean low c access with small boats and minimize Enclosed please find a wetlands permit application. Our next meeting is scheduled for April 25, 1990 at 6:00 p.m., should you or your representative wish to attend our work session. Please call our office at least one day in advance. Our Town Attorney may be reached at 765~1939 and I may be reached at 323-27~8 (home), 765-1892 (Town office). The Trustees would encourage your participation in these minor changes. Anything we can do to help facilitate these changes, while keeping your project on track will be done as promptly as possible. ' Thank you for your cooperation 'in this matter. John M. Bredemeyer, III President, Board of Trustees JMB:3mt enc. cc: Ray Jacobs Town Board Town Attorney George Hamarth, NYSDEC Trustees TRUSTEES John M. Bredemeyer, III. President Henry P, Smith. Vice President Albert J. Krupski, Jr. John L, Bednoski, Jr. John B. Tuthill Telephone (5t6] 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD scott L. HARRIS Supervisor Town Hall~ 53005 Main Road P.O. Box 1179 Southold.. New York 11971 Fa~ (516) 765-1823 Telep~aoae (516) 7654800 April 10, 1990 Michael Cuddy State of New York Dept. of Trans. Veterans Memorial Highway Hauppauge, NY 11788 RE: Dam Pond Bridge, Rt 25, East Marion Dear Mr. Cuddy: Please be advised that the Southold Town Trustees will be required to review and approve activities surrounding the proposed reconstruction of the Dam Pond Bridge prior to the commencement of any work on that site. We are presently securing copies of your work plan from our Highway Superintendent, Raymond Jacobs for use at our April 25, 1990 meeting work Session. As the project crosses public lands held by the Southold Town Trustees under the Andros Patent it will require Chapter 97 and 3l permissions. Enclosed for your convenience is a permit application. Sincerely, ~onn M. Bredemeyer, III ~ -President, Board of TrusWees JMB: j mt enc. cc: Town Attorney Town Board Ray Jacobs Trustees TRUSTEES $ohn M. Bredemeyer, III. President Henry P. Smith, Vice President Albert J. Kmpski, Sr. John L. Bednoski. Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCO'IT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 5, 19990 George Hammar th DEC Bldg. 40, Rm 219 SUNY Stony Brook, NY 11790 RE: UPA ~ 10-89-1286, Dam Pond Bridge Dear Mr. Hammarth: The Southold Town Trustees are in receipt of the notice of complete application ~10-89-1286 of te N.Y.S.D.O.T. To reconstruct the Route 25 Bridge over Dam Pond, East Marion. As this agency has not been given the opportunity to review the current project which crosses Town Trustee land and which may impact Tidal Wetlands under our jurisdiction. We kindly request that your agency does not issue a permit until we have had the opportunity to review this project as a Board. The Town Attorney is presently reviewing the law with respect to the need for the N.Y.S.D.O.T. to secure Town Tidal Wetlands and Trustee permissions. Our next meeting is on April 25, 1990. I would hope we can conclude this matter by then. Sincerely, ~hn M. Bredemeyer,~ iii~? President, Board of Trustees JMB:jmt cc: Town Attorney T@wn Board Michael Corey, Regional Head, D.O.T. TRUSTEES John M. Bredemeyer, III. Presidem Henry P. Smith, Vice President Albert J. Krupsld. Jr. John L. Bednoski. Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: RE: DATE: Harvey Arnoff, Town Attorney John Bredemeyer, III, President Board of Trustees Dam Pond Bridge Rt 25, East Marion April 4, 1990 The attached indicates that the Department of Environmental Conservation has recorded a complete application for the New York State Department of Transportation for reconstruction of Dam Pond Bridge, NfS, Rt 25, East Marion. Please review attached file as soon as possible. The Trustees never received an anwser from then Town Attorney, Robert Tasker on March 13, 1987 as to whethe~ the Department of Transportation required a Town Trustee permit. It should be noted that the bridge span crosses Town Trustee land covered under the Andros Patent, Laws of the State of New York of 1893 establishing a Board of Trustees and the Town Wetlands Ordinance. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE 1'5161 765-1892 T~: Trustees From: Trustee Bredemeyer Re: Report on meeting of 3-12-87 - Dam Pond Bridge Project Date: March 13, 1987 Project Engineers were unaware of the need for a Trustee Permit, they did not have Henry Smith's le%ter in their files. New bridge will be approximately 10' wider on each side and there are no wetlands grasses under existing aprons there. Eileen could check again with Tasker if a permit is even necessary because with the exception of the temporary bridge to the south the new bridge is within the State Road Perimeter. Comments/permit application application or waiver should be addressed to the Regional Director at the Hauppauge address. Regional Director, NYS DOT State Office Building Veterans Memorial Highway Hauppauge, New York 11788 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, $3095 Main Road P.O. Box 728 Southotd, New York 11971 March 13, 1987 TELEPHONE (516) 765-1892 Mr. Robert W. Tasker Town Attorney 425 Main Street Greenport, New York 11944 Re: Dam Pond Bridge Project Dear Bob: Please find enclosed a project information sheet regarding the replacement of the existing Route 25 Bridge over Dam Pond Channel in East Marion, in addition to other correspondence regarding this matter. Will you please submit your written opinion as to the need of a Wetland Permit from the Board of Trustees in this matter by March 25, 1987. Thank you for your assistance in this matter. We await your response. Very truly yours, x'~nry P. Smith, President Board of Town Trustees HPS:ip Attachments HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPsKI, JR. ELLEN M. LARSEN TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 December 12, 1986 Mr. A. Levine, P.E. Regional Structures Engineer State of New York Dept. of Tr~nsportaion Veterans Memorial Highway Hauppauge, New York 11788 Re; P.I.N. 0041.60 Route ~25 Over Dam Pond Channel Bridge Replacement - Suffolk County In response to your letter of November 24, 1986, please be advised than the Town Trustees have jurisdiction in accordance with Chapter 97, Article I, 97-]3 - A (1,2,3) and B. (l & 2 ). Kindly remit your approved plans with your application for a permit and/or waiver of the Wetland Ordinance to this office for revmew. Should you have any questions or concerns, please do not hesitaue to contacu this office au the telephone number listed above. Vary t~uly yours, f '~enry P. Smith, President Board of Town Trustees HPS:ip Attachments: Wetland Application Section 97-13 from ChapTer 97 )DE § 97-13 ~ following terms, phrases, the meaning given herein. .ex~ words in the presen~ ~. the plural number include in the singular number in- hall" is always mandatory ~ indicated, the Board of .old. [Added6-5-84-b~ L.L. indicated, the Clerk of the 34 by L.L. No. 6-1984] ~vel, clay, bog, peas. mud or ~ inorganic. ~rom wetlands. on wetlands. n. alteration or enlargement Jier. wharf, bulkhead, jetty, ~emporary or permanent, on ~ose excessively high tides or : gravitational phenomena. rm. partnership, association. ~atlon or other legal entity of pal corporations or govern- !0ns thereof. ~rs bordering on or within the .~,hthold subject m fluctuation in ~!or normal tidal action, and in- iti brackish and salt waters of ~ries, bays, sounds and inlets. ~o. 6-1985] § 97-13 WETLANDS § 97-13 TOWN The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southald. [Added 6-5-84 by L.L~ No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on. tidal waters, or lands lying beneath tidal waters, which at mean Iow tide are covered by tidal waters ~o a maximum depth of five (5) feet, including but not limited to hanks, bogs, salt marsh, swamps, meadows, flais or other low lying lands subjec~ te tidal action; (~2) All banks, bogs, meadows, fiats and tidal marsh subject ~o such tides and upon which grows or may grow some or any of the following: salt hay. black grass, saltworts, sea laverfder, tall cordgrass, high bush. cattails, groundsel, marshmallow and low march cordgrass: and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- w-five (75) feel landward of the mos~ landward edge of such a tidal wetland. 'B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- fie 1, § 24-0107. Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater we~- land." as defined in Subsection B(1) and lying with- in sevenw-five (75) feet landward of the most land- ward edge of a "~resh~vater wetland." 9705 MICHAEL J. CUDD¥ REGIONAL DIRECTOR STATE OF NEW York DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE N.Y. 11788 FRANKLIN E. WHITE COMMISSIONER November Z4~ 1986 Henry P. Sm th~ President Board o{ Town Trustees Town Hall~ Hain Road P. O~ Box ZZ8 Southotd~ NY 11971 De~r Mr~ Smith: P.i.N. O04i.&O ROUTE Z5 OVER DAM POND CHANNEL BRIDGE REPLACEMENT SUFFOLK COUNTY This is in response to your November 5~ 1986 letter which requested a copy o¢ the p!ans ~or this project. Please note that we did not receive a Wetlands Application. Kindly be advised that we are only required to make appJica- tion ~or a New York State Department o~ Environmenta! Conservation Tidal ~etlands Permit~ a copy o¢ which I have attached ~or your information. Since the status o~ the project is in the Design Report stage, we have no plans avziiable a'b this time, We will gladly transmit to you our approved Preliminary P!ans when We will be h~ppy to discuss this convenience. Please contact Mr. 5t6-360'~0d.8 with any questions and/or Ver~ t~u~?;/ yours, Regional Structures Ensineer matter with you at your J. Schultheis at Attachment JAMES A. KUZLOSKI R EG~ONAL DIRECTOR August 7, 1990 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE N.Y. 11788 FRANKLIN E. WHITE COMMISSIONER Mr. Scott Harris, Town Supervisor Town of Southold Main St. Southold, N.Y. PIN: 0041.60.201 Dam Pond Channel-Greenporc Orient Pt, NY MAP: 87 PCL: 100 Clmt: Town of Southold Dear Mr. Harris: Pursuant co discussion of August 3, 1990, we our General Plan and our Right-of-Way Plan. of the proposed structure. are enclosing a copy of You will no~e the exceng Please be advised that Map 87 is co acquire title to the existing bed of Dam Pond Stream which will be occupied by the new bridge abutment and is prepared ~o satisfy the Town Counsel who pointed out the ownership by the the town via the Andros Patent. This will be $1.00 9aymenc Waived. If we can be of any further assistance, please contact D.W. Schwartz at (516) 360-6524. Very truly, FREDERICK C. PERSAN Regional Re~al Estate Officer A. Sto¥~ohan~, Sr. ROW Agent FCS:AS:JA' AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER JAMES A. KUZLOSI~i REGIONAL DIRECTOR STATE Of NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE N.Y. ~1788 FRANKLIN E WHITE COMMISSIONER June 18, 1993 Mr. Scott Harris, Town Supervisor Town of Southold Main Street Southold, NY 11971 Dear Mr. Harris: JUN 2 1 ,, Proc. 8325 PIN 0041.60.201 Dam Pond Channel-Greenport Orient Point Map 87; Parcel 100 Claimant: Town of Southold We are enclosing a copy of the above map as well as an original and three copies of an Agreement for $1.00 Payment Waived. Please be advised that the purpose of Map 87 is to acquire title to the existing bed of Dam Pond Stream which will be occupied by the new bridge abutment. The map wgs prepared to satisfy the Town Counsel who pointed out the ownership by the town via the Andros Patent. (Please see our letter of August 7, 1990 attached.) Would you please have these agreements signed, witnessed and returned to us, retaining one copy for your files. Thank you for your cooperation. enclosures AN EOUAL OPPORTUNITY AFFIRMATIVE ACT/ON EMPLOYER COUNTY OF SUFFOLK SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF ~UBLI¢ WORKS JOSEPH P. HURLEY P.£. COMMISSIONER November 12, 1991 Town Southold Board of Trustees 53095 Main Road Southold, NY 11971 ATTENTION: John M. Bredemeyer III, President RE: Conveyance of County Owned Land to the Trustees of the Town of Sonthold Gentlemen: We are in receipt of your letter regarding the transfer of l~nds in the vicinity of Dam Pond, Route 25, Orient. Documentation required from our Department has been provided to the Department of Law, Division of Real Estate to effectuate the transfer of the property. This matter is being handled by Linda Findlay, Assistant Property Management dm~nlstrator. You may wish to contact her at 853-3833 to coordinate this transfer. If you have any questions or require additional information concerning this matter, please contact this offie. cry [ruAy yours~/~ Commissioner SUFFOLK COUNTY IS AN EQUAL OPPOrTUNITY/AFfIRMATiVE ACTION EMPLOYER 335 YAPHANK AVENUE · YAPHANK. N.Y ~ 1980 · 5! 6) 852-4{~00 FAX {516} ~52~4150 F~ [[OLIC I POLICE DEPAR ENT, TOWN OF SOUTHOLD TELEPHONE ADMINI~'~,TIVE PECONIC NY 11958 516 765-2600 EMERGENCY DIAL 911 516 734-6022 Sronley Droskoski EHIEF OF POLIEE To: John Bredemeyer, President From~ Donald Dzenkowski Senior Bay Constable Re: Dam Pond Bridge Date: June 27, 1991 , Board of Trustees As per your letter and our conversation of June 21, 1991. The~dth of t~he bridge abutments and the depth of the channel seem to be consistent with the permit on file with N~fS DEC. Workers on site state all work wi~ be done per Dec permits, any changes that might be needed or questions about the amount of DEC oversight of the project should be directed to NYS DOT in Hau~pauge, N.Y.. '~COUNTY OF SUFFOLK '~'~ PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE MEMORANDUM TO: Joan Scherb, Commissioner Department of Real Estate FROM: Joseph P. Hurley, P.E., Commissione~.-z~ Department of Public Works DATE: January 23, 1991 RE: Conveyance of County-owned Land to the Trustees of the Town of Southold Attached you will find three copies of a map and description of County-owned property in the vicinity of Dam Pond, Route 25, Orient, Suffolk County. As you are aware, prior to 1950, the County acquired lands for the construc- tion of State highways. The above referenced is just such a case wherein the State has jurisdiction over the highway, and the land on which the high- way was constructed is owned by the County. The State has corresponded with us as well as the trustees of the Town of Southold with respect to conveying a parcel of County-owned land in the vicinity of the N.Y.S. bridge at Dam Pond Channel. Th~s bridge is being realigned, and the State and Town Trustees have requested of us the portion of County-owned land involved in the relocation so that they may retain ownership to the same amount of underwater lands as previously owned prior to the bridge relocation. Attached also is all pertinent correspondence between N.Y.So Department of. Transportation and the Town of Southold Trustees. Kindly prepare the appropriate conveyance deed and legislative resolution to execute this conveyance. JPH/G~/~f Enc. cc: Craig Siracusa, NYSDOT, Regional Design Engineer (w/enc.) Townof Southold Trustees (w/enc.) COUNTY OF SUFFOLK * D~PARTMENT OF PUBLIC WORKS TAX MAP INDEX NO.: 1000 022.00 NEW YORK STATE ROUTE 25 CULVERT AT DAM POND, Ot~TR~T TO BE TRAN$~tRED TO TRUST~Iq OF THE TO, IN OF SOUTHOLD ALL that piece or parcel of land situate in the Town of Southold, County of Suffolk, State of New York, for the reconstruction of a culvert under New York State Route 25 and described as follows: BEGINNING at a point on the southerly end of the existing east abutment footing, said point being the intersection of the face of said footing with a line extended frc~ the face of the proposed east abutment wail; thence northerly along the previously mentioned face of the existing east abutment footing the following three (3) distances: I ) 13.5+ feet to an existing angle point, 2) 38+_ feet to an existing angle point and 3) 78+_ feet to the northerly end of the said abutment footing; thence easterly along the existing northeast retaining wall 24.5+ feet to its intersection with the face of the proposed abutment wall; thence along the face of the said proposed abutment wall/wing wall the following three (3) courses and distances: 1) westerly 20+ feet to an angle point, 2) southwesterly 11.5+ feet no an angle point, and 3) southerly 33.5+ feet to an angle point; thence continuing southerly along the extended line of the proposed east abutment wall 13.5+ feet to the place of beginning; being 472+ s.f. or 0.011 acres more or less. ~-~ STATE Of NEW YOrK , ~.u,~~ ~'~-PARTMENT Of TRANSPORTATION ~-(~ ~ VETERANS MEMORIAL HIGHWAY HAUPPAUGE. N.Y. ~1788 JAMES a. KUZLOSKI REGIONAL DIRECTOR September 24, 1990 Honorable Joseph P. Hurley, Commissioner Suffolk County Department of Public Works Yaphank Avenue ~aphank, NY 11980 Dear Mr. Hurley: PIN 0041.60 RT. 25 OVER DAM POND SUFFOLK COUNT~ The above mentioned project consists of replacing the existing bridge carrying Route 25 over Dam Pond Channel in East Marion, Town of Southold. As part of this project, the new bridge will Be located six (6) feet east of the existing bridge which moves the channel six (6) feet. Since the Town owns the channel ROW, they have requested that their ownership be moved to match the channel. The attached map shows the movement of the channel and the requested change in ownership. The result of this change is that six (6) feet of centerline on the west side of the bridge would transfer from the Town to the State. Since the County owns the road bed for Route 25, the six (6) feet of centerline on the east side of the bridge would have to transfer from the County to the Town, if the County. is agreeable to the transfer. We have prepared a map and forwarded it to the Town to transfer the l~and to us. If you could transfer the remaining piece of land to the Town, it would help us resolve this issue. If you have any questions concerning the transfer, please contact Mike Geiger at 360-6641. Sincerely, ~.~t.,,,.... CRAIG'S~IRACUSA Regional Design Engineer Attachment AN EQUAL OPPORTUN/TY/AFFIRMATIV'E ACTION EMPLOYER RA :E ~OUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EX£CU~qV£ JOSEPH P. HURLEY, October 10, 1990 John M. Bred~meyer III President, Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE= Dam Pond, NYSDOT PIN #0041.60.201, NYSDEC ~10-89-1286 - Route 25, Dam Pond Channel, Orient, Suffolk County Dear Mr. Bredemeyer= This office has recently received correspondence from the N.Y.S. Department of Transportation regarding the transfer of underwater land in conjunction with the construction of the above referenced as you mentioned in your letter of October 1, 1990. We are in the process of preparing a map and description of the land that the Connty will c6nvey to the Town as per the State's request. Upon completion of tile map, we will forward it to the Department of Real Estate to prepare the necessary Legislative resolution for conveyance of the land. If we can be of any further assistance, please contact this office. Very truly yours,//-~ Commissioner JPH/FJG/vf GAll S. SHAFFEr SECrETArY Of STATE STATE OF NEW YOrK DE'PArTMENt Of State ALBANY. N.Y. 12231-0001 Mr. Peter S. Burke, P.E. Civil Engineer III State of New York Department of Transportation Veterans Memorial ~ighway Bappauge, NY 11788 Re: October 19, 1989 F-89-608 NYS DOT - Route 25 over Dam Pond PIN 0041.60 TOWN OF $OUTHOLD Dear Mr. Burke The Department of State has completed its review of the information provided d~scrib.ing the above proposed project. Based upon the information submitted, the Department of State finds that the proposed action is consistent with the New York State Coastal Management Program. The Feder&l ~ighwa~ Administration is being notified of this decision by copy of this letter. This consistenc~ fin~ing is ~ppli_cab~e t~this .~,.e_a~~ assistance activi~o~-----~anis based upon all information and data submitted ~t this time. An~ other Federal agency involvement with this same project will be reviewed independently for its consistency, based upon all information available at that time. Sincerely, ~eorge R. Stafford Direotor Division of Coastal Resources ~ Waterfront Revitalization GRS:ak cc: Federal Highway Administration - New York - Mr. Victor E. Taylor t JAMES A KUZLOSKI REGIONAL DIRECTOR STATe Of NEW YORK DEPARTMENT Of TRANSPORTATION VETERANS MEMORiaL HIGHWAY HAUPPAUgE. N.Y. 11788 FRANKLIN E. WHITE COMMISSIONER October 16, 1990 Mr. John M. Bredemeyer III President, Board of Trustees Town of Southold, Town Hall 530~5 Main Road P. O. Box 1179 Southold, NY 11971 Dear Mr. Bredemeyer: PIN 0041.60 RT. 25 OVER DA24 POND SUFFOLK COUNTY We have reviewed your August 20, 1990 letter concerning this project and offer the following comments: 1. & 2. As Mr. Geiger told you by telephone, the State has no objections to transfer of the lands that will become part of the channel. However, while this is a State highway, the ROW was purchased long ago and Suffolk County is the owner of these lands. We have written to the County requesting that this land be transferred. We understand they will process the land transfer shortly. 3. &4. We have received approval from the Department of State that our action is consistent with the New York State Coastal Management Program and have attached their approval letter. We have attached a plan showing the location of leaching basins to be placed along the seawall. The basins are placed around the two outlets that discharge from the parking area. With the flat grades and flow line along the seawall, most runoff should be captured. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTIOA EMPLOYEr~ Mr. John M. Bredemeyer III October 16, 1990 Page 2 We cannot agree to include the dredging of the channel in this project. Channel dredging is beyond the scope of this bridge replacement project and our permit with NYSDEC. We are considering whether we can remove rocks from the channel, as you requested. We have field-reviewed the site and have been in contact with N¥SDEC. We are preparing plans to send to them showing the possible extent of t~e work. We are also reviewing what other agencies must be contacted. After this has been completed, we will then be able to decide whether or not we can remove rocks from the channel. We will keep you advised as to our progress on this matter. Sincerely, Regional Design Engineer Attachment Jos£P:~ P. HUREE¥. P.E. COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE October 10, 1990 John M. Bredemeyer III President, Board of Trustees Town of Southold P.O. Box 1179 Southotd, NY 1197] RE: Dam Pond, NYSDOT PIN ~0041.60.201, NYSDEC ~10-89-~286 - Route 25, Dam Pond Channel, Orient, Suffolk County Dear Mr. Bredemeyer: This office has recently received correspondence from the N.Y.S. Department of Transportation regarding the transfer of underwater land in conjunction with the construction of the above referenced as you mentioned in your letter of October 1, 1990. We are in the process of preparing a map and description of the land that the County will convey to the Town as per the State,s request. Upon completion of the map, we will forward it to the Department of Real Estate tn prepare the necessary Legislat'ive resolution for conveyance of the land. If we can be of any further assistance, please contact this office. Very truly yours, JPH/FJG/vf DEPARTMENT OF PUBLIC WORKS P.O. BOX 59. YAPHANK, N,Y, 11980-OO~59 SEP I 019°/] TOWN OF SOU,[ , To: (Owner o] NOTICE Police Dept. - Bay Constable Town of Southold Peconic, New York 11958 NOTICE OF VIOLATION Please take notice there exists a violation of the Code of the Town of S'outhold, Chapter 97 Article-----~%_~__,___ Section---~ ........ at premises hereinafter described in You are therefore directed and ordered to co~piy with the on or before ........... day of ..... '-"-~=~-:~-'~'" ' .... ----, 19 ....... The premises to which this Notice of Violation refers are situated at: ..... ~-- ,~,~, ~ ~ ~ ~~ ...... ~ ........ 2'%~==%~f~own or $outhold, Suffolk County, N%¥. (Suff. Counny Tax ~,~ap Des,ignatio,n: Dist. Section: ....... ~----Bloek: ........ Lot: ....... k Failure to comply with the appiicabl-e provisions of the law may constitute ~n offense punishable by f~e 'or imprisor~ent' or both. NOTICE: You have the right to apply for a hea'ring before the'Bo ~-~T-~tees Of / '~ ard . . the TOWn of Southotd, provided that ' · request with the, C~=rk of ek~ ~- T '. , ;. . you f~le a,wrltten ..... · ,= xzu,snees WlUDln 10 days after service-of the Notice of Violation. 'Such request shall have annexed the c~py of the Notice-of~ Violation upon'whi~ ~ . ' - ret? a - ~ ~ nearing ls requested and shall set'forth the reasons why such nbtice' of violati0h should modif~led Or rescinded,, be Bay Co~,"~t~bl~, TOwn Of S~th~l~, NY .heste ieid ' r ssociates Inc. TOWN OF SOUTHOLD Contractors & Engineers P.O. Box 1229, Westhampton Beach, N.Y. 11978 Southold Trustees Town of Southo!d 53095 Main Road Southold, N.Y., 11971 Att: John Bredemayer Aug]/st 13, 1990 Dear Mr. Bredemayer, Chesterfield Associates Inc. is in con=act with New York State Dept. of Transportation to replace the bridge on Rte. 25 over Dam Pond Channel in East Marion. In order to complete the construction a temporary bridge has to be erected and there is a requirement for fill mate- rial to be brought in for the approach roads to the temporary structure. The amount of fill required is approximately 3500 cyds. This material will be removed at the end of the job, which brings me to the question I have for the trustees. The owner of Chesterfield Associates, Inc., E. Davies Allan, owns a ten (10) acre parcel of land on the eas= corner of Orchard Street and King Street in Orient. You may be familiar with it. It is the piece with the five acre plus pond on the King Street side. We placed all the excavated material ~ ~ ~ ~=~, the pond on the ,.o~h side of the property. What we are proposing to you is that we excavate the material we need for the temporary bridge construction from the mate- rial stockpiled on this property. Once the project is over, we would then take the material out of the temporary bridge site hack to our property on Orchard Street. If you have any questions or would like to meet at the site before making a decision, please call me at 288-5100. would be available at your conven' GWS:jl immers, Jr. r-Treasurer Office & Yard.-- 5 Country Road, Westhampton Beach Phone 516-288-5100 JAMES A. }(UZLOSt(J REGIONAL DIRECTOR August 7, 1990 STATE Of NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788 Mr. Scott Harris~ Town Supervisor Town of ~outhold Main St. Southold, N.Y. FRANKLIN E. WHITE COMMISSIONER PIN: 0041.60.201 Dam Pond Channel-Greenporn Orient Pt, MY MAP: 87 PCL: 100 Clmt: Town of Southold Dear Mr. Harris: PursuanE EO discussion of August 3, 1990, we our General Plan and our Right-of-Way Plan. of the proposed snructure. are enclosing a copy of You will none the exEent Please be advised that Map 87 is co acquire title to the existing bed of Dam Pond Stream which will be occupied by the new bridge abutment and is prepared EO satisfy the Town Counsel who pointed out the ownership by the the town via the Andros Patent. This will be $1.00 Payment W'aived. If we can be of any further assisEance, please contact D.W. Schwartz at (516) 360-6524. Very truly, FREDERICK C. PERSAN Regional Re~lt Es~tate Officer A. ~torjohan~, Sr. ROW Agent FCS=AS:JA AN EQUAL OPPORTUN/TY/AFFZ°~/iAT/V~ ACTION EMP_OYER JAMES A I~UZLOSKI REGIONAL DIRECTOR July 3, 1990 JUL i! 1 TOWN OF $OUTHOLD STATE OF NEW YORk DEPARTMENT OF TRANSPORTATION VETERANS MEMORIal HiGhWaY HAUPPAUGE. N.Y. 11788 FRANKLIN E. WHITE COMMISSIONER Mr. John M. Bredemeyer, III President, Board of Trustees Town of Southold Town Hall 5309S Main Road P.O. Box 1179 Southotd, NY 11971 Dear Mr. Bredemeyer: PIN 0041.60 ROUTE 25 OVER DAM POND CHANNEL SUFFOLK COUNTY This is in reply to your April 18, 1990 letter concerning this project. Our Office of Legal Affairs has investigated your requests and concerns, and we offer the following responses to your letter. 1 & 2) We agree that a transfer of land is warranted and we are preparing maps for a transfer. 3 & 4) It is the opinion of New York State Department of Transportation that no permits are required from the Town. The Tidal Wetlands Act requires the Department to obtain a permit from the Commissioner of Environmental Conservation to conduct regulated activities within the boundaries of a Tidal Wetland; While the Environmental Conservation Law states that the permit issued is not in lieu of any permit required by a municipality which has jurisdiction, this is inapplicable to the State because the State is not subject to the regulatory authority of a locality and it is not a delegation of State regulatory authority. Chapter 32 of the Laws of 1893 of the State of New York provides for the State's creation of the municipal entity known as the Board of Trustees of the Town. As a creation of the State, the Board cannot exercise those general powers listed in this statute, including the power to execute permits, over the superior sovereign entity respons- ible for its very existence. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER John M. Bredemeyer, III July 3, 1990 Page 2 5) We agree that it is desirable to limit the direct runoff into the bay that currently exists in the area of the seawall. We will therefore, place a series of leaching basins in the area of the drains into the bay, to collect the storm runoff. ~) We have held preliminary discussions with the New York State Department of Environmental Conservation concerning the possible dredging of the channel. The Department of Environmental Conservation was not receptive to the idea and felt that a change in our permit application would be time consuming. Because of the deteriorated state of the bridge, we do not wish to jeopardize this project by pursuing this issue further. We hope that this response clarifies our position on these issues. If you have any questions or further comments, feel free to call our project manager, Michael Geiger, at (516) 360-6641. Sincerely, Regional Design Engineer HARVEY A. ARNOFF Town Attorney MATTHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF $OUTHOLD SCOTT L. HARRIS Supervxsor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 DATE: TO: FROM: April 6, 1990 John Bredemeyer, Board of Trustees Harvey A. Arnoff Town Attorney RE: Dam Pond Bridge Rt~25, East Marion III, President TO~,~N OF $OU¥~OLD The Trustees have jurisdiction according to the Andros Patent. See me if there are any further problems. ENB--MARCH 28, 1990 PROJECT DESCRIPTION PAGE 4 Frank & Joseoh Savino t 024 Jefferson Hoboken, NJ 07030 NYS DOT Veterans Memorial -twy Hauppauge, NY t'i788 The applicant pro~:~oses the subdivision of one 2t,4'i acre parcel into ~vo lots, one 2.726 acres, aha one t8.68 acres, This proposal also includes the construction of one single family dwelling, swimming pool, garage, septio system and will on each of the twotots: Approximately 3,500 au. yds. af fill will be required far Lot ~ and 4,000 cu. yas. of fill will be required for Lot 2. A 50 foot wide buffer ofunaisturbed natural vegetation must be maintained between the wetland and the proposed homes, The projeoi' is located on Tanners Neck Lane, · ~/esthampton, Suffolk ~,aunty SCTM 0900-$82-2-'27 SHPA--'I Permit: Tidal Wetlands UPA--fi0-88-2074 CONTACT: Susan Ackerman Th( Temporary span to the scum decking and wingwalls exissllr)g to 44.5 feet wide minimL1m projeCt will disturb h[g[ Marian. Town of East Tidal The Depadment has mace a tentative determ nation to approve this application' far a modification and renewal of a perm t for a discharge of 22,500 gDd of process waters to Long Island Sound, 'i.8 MGD of non- contact coo ng .waters and 4,000 gpd sanitary waste~'afer to grounciwate~, Parameters changed are: C.O.D. maximum limit from t,000 mg/1 fo monitor an y; daily average mit far copper from .39 lbs/day:to NA, although the daily maximum remains ~t .63 lbs/day. The pr~je ,o?is on West Lane, Aquebogue, NY The proposeddisoharge is lobated,within an area designated as a so e source aqu fer. The fallowing public water purveyors have been dentified as having serviae~ ar~as located within a three mile rad (is of the applicant's facility: t~RiverheadWaterDistrat;2]AquebogueMob Ho~eCourf, Inc, Tf~e t~raject is located n the Town ~f Riv~rhead, Suffolk Courtly. SHPA--2 Pei:rnit: SPDES NY--0075957, UPA--10-88d797 CONTACT: Robert N. Thurber 4/'i3/~0 4t t 3~90 4127190 3B 3B POSITIVE DECLARATION REGION 'i--The Town of Riverhead Planning Board, as lead agency, nas aeTermmed that the ~raDosea subdivision by Stanley J. Berkeski may have a s~gnificant environmental imoact and a draft ElS must ce prepared. The action involves the subdivision of t5.364 acres into 45 single and seDaTate lots to be between 40.000 sa. ff. and 64,000 sq. fl on straight gna aha between 26,000 sq, ft. and 28,000 sa. ft. if clustered to preserve t7,2 acres of open space. The project is located on the south side of Youngs Avenue, aDoroximate ¢ 4,000 ff. east of Twomey Avenue, Baiting Hallow, Riverheaa Townshio, Suffolk County. CONTACT: JosePh B. Hall, Environmental Planner, Town of Riverhead Planning Department, 200 Howell Avenue, Riverhead, NY 1 t901, (5t6~ 727-3200. ¢ zL~EW YORK STATE DEPARTMENT OF ENVIRONMENTAL ~~~'~ff_ ~,._ - ~ NOTICE OF COMPLETE APP/I'~T/t~.~ Address: ~e:e~8 }~1 ~gh~ay ~M~ ' '" ~',ppauge, ~. y. 117I]88 ~ .............. Permits applied for and application numbers T~al ~etle.8.. - -,¢--,, u-*~ui%..;i~ ~[Y Cer~tcation ~A ~ 1~89-1286 Project description and location. Town/City of ~hold County of br~g~ =o acc~a~ traffic dutl2 c~nctia, bre~ up for b~dge r~es ~P ad sid~ ~A--coordinat~ r~view performed ~ a--no coordinated review performed. SEQR LEAD AGENCY The apphcation may be reviewed at the address ~O~ ~ ~h to the right Written comments on the project must ~S be submitted to the Contact Person by no later than. Bldge 40 S~ 4/13/~0 Stony Brook, }t. Y. 117~4 516 MIT 2 This is to advise you tear your applicfition is comuiete and a review nas commenced. Addiuonal informauon may oe reauested from you at a futu e date. if deemed necessar,, in oraer to reach a decision on your application 3 Your prolect is classified MAJOR Accord ngty, a decision will be maae ~ thin 90 days of the date of this Notice. II a public hearing ~s necessary, you will be notified within 60 days and the hearing wd[ commence wither 90 days of the date of this notice. If a hearing is he d. the final decision will be rnaae ~ ithin 60 days after the hearing ~s completed. 4 Publicauon of this Nouce in a newspaper ~s [] required ~,~ot required CC Chief Execuuve Officer '~OiFII O~ .~OUl~/old Environmental Notice Bulletin. Room 509, 50 Wolf Road. Albany. N.Y. 12233-4500 File CH,_ E,-,~-~.,UTh/= OFFICER REBUILDING NEW YORK STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION MARLO M. CUOMO, Governor FRANI(I. IN E. WHITE, Commissioner NEWS RELEASE: II~IEDIATE CONTACT: Michael J. Cuddy Regional Director N.Y.S. Dept. of Transportation Veterans Highway Hauppauge, NY 11788 NEW YORK STATE DEPART~ENT OF TRANSPORTATION NOTICE OF PROPOSED CONSTRUCTION IN WETLANDS AND NOTICE OF PUBLIC INFORMATION I~EETING PROJECT IDENTIFICATION NO. 0041.60 A r'epl~c-ernent c,¢ the existins ?-lane structure carryir,~ Roate 25 over' Darn Pond Channel, E~st ~rion~ is be[n9 planned by the Department c,¢ Transportation. The proposed al isnrnent and bridse lensths are similar to the existin9 features in this p~,:,ject. The project under consideration rna¥ include construction which a£¢ects wetlandB covered by Executive Order &1990 the Presiden~ o¢ the United States, dated May 24 1977, "Protect;on o¢ Wet]ands" ' ' Maps, ,Jraw~nSs and other pertinent 'in¢ormation .... ped ue¢~l,., by the State are available Cdr pub ic Inspection at the O¢¢ice o¢ the Resional Director, New York State O¢¢ice Build,ns, Department o¢ Transportation Re~ion 10, Hau:,Rau~e, NY 11788. ' Any comments concernins the project's e£eect on the wetlands should be sent to the RegionaI Dire=tor by March 27, 1987. Notice is also S~ven that the New York State Departmen= Transportation will conduct a Public In¢,:,rmation Center this project at the Oysterponds Public School, Main Road, Orient, NY, on Thursday, March 12, 1987, between the hours o~ ~:00 p.m. anti '=" '' ,¢.00 p.m. Department personnel wi I be zva~ I~b e to discuss ~ preferred alternative tot this project with interested parties. The Department intends to approve this alternate under the authority 8ran~ed dy the Federal HisnwaY Administration, in accordance with Section 117 (Certification Acceptance) ,:,¢ Tit e Z3, United States Cc, de. MICHAEL J. CUDDY REGIONAL DIreCTOR STaTe Of NEW YC, Rk DEPARTMENT Of TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE_ N.Y. 11788 FP~NKLIN E. WHITe COMMISSIONER March 11 ~ tgB? Mr. Henry P. Smith~ President Board of Town Trustees Town Hail, Main RDad P.O. Box 7~8 Southeid, New York lig?l Dear Mr. Smith: PIN O041.&O Route ~5 over Dam Pond Channel Bridge Replacement Suffolk County Reference is made to your correspondence dated December 18, 1986 concerning the subject project. As stated in our November ~4~ 1986 letter to you~ this Department is only required to make application for a New York State Department of Environmental Conservation Tidal Wetlands Permit with respect to this project. A copy of a memorandum dated January 89, 1987 from our Office of Legml Affairs is attached explaining our position. However, we will transmit our approved preliminary plans to you when they are available and shall continue to maintain our cooperative working relationship with respect to this project and all future projects. Very truly yours, FRANK WIBBEN Regional Design Engineer Attach. MEMORANDUM DEPARTMENT OF TRANSPORTATION TO: FROM: SUBJECT: K. Q. Smith, Environmennal Analysis Bureau, 303-5 W. S. MacTiernan, Office of Legal A£fairs, 509~5 PIN 0041.60 - Route 25 Over Dam Pond Channel Bridge Replacemenn, Suffolk County A.oplicatlon for Town Permits DATE: January 29, 1987 This is in reference to a January 8, 1987 memorandum front D. Kost of Region i0. The Tidal Wetlands Act requires the Department no obtain a permit from the Commissioner of Environmental Conservanion to conduct regulated activities within the boundaries of a tidal wetland. The Freshwater Wetlands Act allows the Department of Environmental Conservation ~o detegane no localities its authority no issue permins. Such a delegation provision, however, is non found in Tidal ~etlands Act. SuBdivision 1 of section 25-0401 of the Environmental Conservation Law (part of the Tidal Wetlands Act) provides "the permit issued by the Commissioner shall be in addition to, and no[ in lieu of such permit or permits as may be required 5y any municipality within whose boundary such wetland or portion thereof is located." This provismon is inapplicable to the State because the State is not subject to the regulatory authority of'a locality and it zs not a delegation of State regulatory authority. In conclusion, the Department is only required no .obtain ~ permit from the Deparbmenn o~ Environmental Conservation for work in Tidal Wetlands. WSM:SCQ:dem omments: NEW YORK STA~F~ ),O~ ~ ~ Nome or~d-~Adclress: DEPARTMENT O1~, ~..~R A NS po R~AT~'~ FRANKLIN E, WHITE, Comm esioner MICHEAL .t. CUDDY Regionol Director NYSDOT INFORMATION CENTER IntereSt: r~ Property Owner ID Other(Specify) Project: REPLACEMENT OF ROUTE 25 BRIDGE OVER DAM POND CHANNEL 'PROdECT DENTIFICATION NUMBER 0041.60) CUT HERE--~ LONG ISLAND SOUND [] Check here if odditionol commenh hove been written on o seporote shee Addifionol comments moy be moiled Regionol Director, NYSDOT State Office Building Veterons Memoriol Highwoy Houppouge, IV. Y 117'8B 'Terry EAST MARION Dom ORIENT HA RBOR G,4RDINERS ORIENT B~Y PROJECT INFORMATION The New York State' Department of Transportation has arranged to exhibit technical materials relating to Route 25 Bridge over Dam Pond Channel Replacement Project at the Oyster Ponds Union Free School, Main Road, 9ri~nt, New York 11957 on March 12, 1987 between the hours of 2:00 PM and 8~00 PM. The public is invited to mm~ne the Preliminary Engineering Report and associated technical drawings. Representatives of the Department of Transportation will be available to respond to any comments or questions. OYSTER PONDS UNION FREE SCHOOL MAIN.ROAD, ORIENT, NEW YORK 11957 THURSDAY, MARCH 12, 1987, 2:00 PM TO 8:00 PM PROJECT BACZGROUND AND RYTETING CONDITIONS A replacement of the existing Route 25 Bridge over Dam Pond Channel in East Marion, Town of Southold, Suffolk County, is being planned by the New York State Department of Transportation. The bridge was constructed in 1932 and carries a two-lane roadway and a side~ralk~ The structure, which has a 21 ft. long span and is made of reinforced concrete, has deteriorated to a point that it cannot be effectively repaired. The Depart- merit has concluded that the bridge should be replaced as soon as possible. PROPOSED WORK The proposed work consists of the demolition of the existing bridge and the con- struction of a new structure at the same location. The waterway under the new structure will remain unchanged. During the demolition and construction periods of the project, Route 25 traffic will be detoured to a newly constructed tem- porary roadway located immediately to the south side of the existing highway. COMPARISON FEATURES Description Existing Proposed Average Daily Traffic DesignSpeed - M.P.H. West Approach East Approach Stopping Sight Distance - Ft. Approach Roadway Width - Ft. Bridge Roadway Width - Ft. Numbers of Lanes Shoulder Width - Ft. Sidewalk Width - Ft. Design Load - Tons Estimated Construction Cost Estimated Construction Time Construction Easements Acquisition 4,300 5,200(a) 60 40(b) 40(b) 50(b) 50(h) 525 525 20 20 20 24 2 2 3 10 5 5 36(HS20-4~) $730,000 1 Year Yes No (a) Traffic volume reflects year 2015 forecast. (b) Posted speed. ROW 21-111 NEW YORK STATE DEPARTMENT OF TRANSPORTATION REAL ESTATE DIVISION AGREEMENT OF ADJUSTMENT P.I.N, 0041.60.201 Payee Ident. No. or Soc. Sec. No. Project Dam Pond Channel-Greenport Orient Point Map No. _ 87 Parcel No(s). 100 Map No. Parcel No(s). Map No. Parcel Nols). County Town SoLfr_.hold City/Village . THIS AGREEMENT, made this Town of Southold Main Street Southold, NY 11971 day of ., 19 93 , between Att: Mr. Scott Harris, Town Supervisor bereinafter referred to as "Claimant", and the COMMISSIONER OF TRANSPORTATION FOR THE PEOPLE OF THE STATE OF NEW YORK, hereinafter referred to as "the State", pursuant to Section 30 of the Highway Law & Eminent Dc~ain Procedure Law as amended, WITNESSETH: WHEREAS, pursuant to the aforementioned statute, the State is appropriating or. has appropriated, for the purpose of the above identified p{oject, certain property shown and describe~l on the above des,gnated map(s), and WHEREAS, the Claimant was, at the time of said appropriation, the owner of the property affected by said appropr at on or of some right, title or interest therein; NOW, THEREFORE, it is understood and agreed by and between the parties as follows: I. The compensation to be paid by the State for the total value of the property so appropriated and for all legal damages caused by such appropriation, including all damages incurred by virtue and during the penden- cy of said appropriation proceedings and including all damages to the remainder of said affected property, if any, of which the appropriated area formed a part, whether caused by said appropriation or by the use of said appropriated property, excepting the aggregate value, if any, of claims hereinafter specifically excluded, is the sum of $1.00 Payment Wai~ed- DOLLARS ($ 1.00 P.W. ~. 2, Tli,e Claimant agrees, as a prerequisite to such payment, to execute and deliver ar cause the execution and del, very to the Attorney General of al formal papers which the Attorney General deems necessary to authorize payment and to secure to the State a full release of all claims by reason of the aforementioned appropriation and by reason of any estate or interest in the streams, lakes, drainage and irrigation ditches or channels, streets, roads, highways, or public or private rights of way, if any, adjacent to or abutting on the above mentioned property required for the purposes of said project. 3. The aforesaid compensation is to be paid hereunder only upon approval of this Agreement by the Comptroller of the State of New York and upon certificate of the Attorney General of the State of New York as required by law. 4. This Agreement is exclusive of the claims, if any, of persons other than owners of the appropriated pro- petty, their tenants, mortgagees and lienors, having any right or interest in any stream, lake, drainage and irriga- tion ditch Or channel, street, road, highway, or public or private right of way., or the bed thereof, within the limits of the appropriated property or contiguous thereto. 5. This Agreement is also exclusive of claims, if any (other than the claim of Claimant} for the value of or damage to easements and appurtenant facilities for the construction, operation and maintenance of publicly owned or public service electric, telephone, telegraph, pipe, water, sewer and railroad lines. 6. The amount agre~ upon herein as compensation shall be binding and conclusive on the parties in any action or proceeding with relation to the aforesaid appropriation as representing the total value of the property so appropriated, together with all legal damages caused by or consequent upon such appropriation, as aforesaid. 7. Interest will be paid on the cash consideration herein provided for according to the conditions in ROW 21-8, Interest Supplement to Agreement, attached and made a part hereof. ATTA~H~-:NT 11. This agreement is exclusive of claims, if any, for payment of allowable moving expeuses of owners, occupants or t-n~-ts of resid--tial and co~merc~m] property ~ is also exclusive of any el.ires of ~laimant for pro-rata peymont of .11 r-mi property taxes, water and sewer rents, levies or ~hm~ges paid or payable to a ta~nE e~tity as provided for by the above desi_o~-ted statute. r~OW 2 I-8 (g/U61 NEW YORI( STATE DEPARTMENT OF TRANSPORTATION REAL ESTATE DIVISION PROPERTY ACQUiREB~By APPROPRIATION SUPPLEMENT TO AGREEMENT NIEG OIIATED SETTLEMENTS: Interest a~ the rate of four perecm (4%) per ann]nh ID Aagust I, 1066 and I ' - · awful In[el esl Ihcreaftcr wdlbe paid by tile Slate on cilhcr Agrccmcnlso f Adlus menl or AFccmcnls l`ot Advance Paymen! on lite following conditions: Inlcrcst shall accrue on all such claims, I. Upon Ibc date of entry on tbe property ['or conslrnction purposes wJlcn tJtJc bas not VCslcd b), Ibc filing of the appropriation map in lite County Clerk's'Office; or 2.crrecte(~,Up°n tile date of vesting to title to properly when calf:,, rot con~;irnction purposes has no] been SUSPENSIONS AND DEPOSITS: Such interest'.,'will be paid on Agrccntenls of Adjustmcat and Agrcemcnls rot Advance Payment from such dates, whichever is citrlie~', lo Ibc dale of paymcnl of lite claim except as l,ollows: A. Provided an acceptable agreement bad not been delivered to lite Slate. intcrcsl si]all be suspended as follows: (1) For claims accrtnng b} vesting of title prior'to July 2, 1971, six [6) moulbs a ['tcr title vesting nnlcss a claim had bccn filed pnrsuanl to Ibc Court of Claims Acl. " (2) For claims accruing by lite vesting of lille On or after Jul:,, 2, 1971. six ( momhs slier tile per- ~°nal scrvi.c.c °f Ibc N°ticc °r Apprppriati0n,.Mn, :' and Descriplio t pon claimant, unless a claim ad been fdcd pursuant lo Iht Co]irt of Clanns Act. Provided lite amount of claim had not been'agre~:d npon, and claimant l,ailed or refused to sign an Agrecmen. t of A. djustment or for Adva{nce Paymc ]l or ]e vah~e of the claim as determined by the Corem ss]oncr, Interest shall be suspcni;led on the amount of thc.claim so offered either: (I) from thc date or Claimant's refusal, or (;Z) ibc dale ninety (90) days after ' ' ' · · notff cation by ibc Commissioner of such offer by certified mail, or ( )' tile date s~x (6) mo, nths arter title ~esling or personal service, whi,chcver is app icable under A "above, unless a flalm had been I' led pursuant to the Conrt of Claims Act, ' whichever of dales (I), (21) or (3) is carher' to lite'', , *, .......... .._ ,..,, :,... d,.te clal,nani subsequfnil), accfpls such offer as i..~) ~.c.t .~ ~uu or as a~ Aavance I'ayment and dchvefs an acceplable Agreement lo Ibc State. " Interest shall ac suspended from lhe exp ration of mncty (90) da~s on c alms accruing on or after July I, 1978; or thirty (30) days on claims accruing prior to July I, 1978, slier el]bet: (I) Ibc date of the approval of Ibc Agrecmenl by ]be Comptr9 er, if required by statute, or the approval by the Commissioner of Trans~<~tation, or {2) the date o r deliwry of closing ' papers to Clallllall wi]icl]ever date is later, and shall remain ~us~dcd until thc At[grney O~0,cral is presented'with all proper proofs, instruments aud vouc )ers m S~,{~;actory form whid~ he reqidres in order x'o anthorlze payment of the claim. '~, Provided the sum or any pail thereo[ *et [or~h in paragraph I or IId~ agreement ha~ her~lofor~ been placed on deposit iff a ~pecial intcre~l-bearin8 accoum ~ur~uanl ot law, th~ ialere~l accrued and credited Io such account duriug the period or d~po~il will be paiO Io daimanl al ~l~e tale payable by Iht depository bank. -, PARCEL 0 DAM POND 'CONTINUED ON SHEET 2 / / / / O,~/D-//T HA t GREENPORT-ORIENT POINT, PT. 2, S.H. 8380 SUFFOLK COUNTY MAP NO. 87 ~ PARCEL NO, ~100 SHEET 2 [OF 3 SHEETS All that piece or parcel of property hereinafter designated as Parcel No. 100, situate ii[ the Town of Southold. County of Suffolk, State of New York, as hereinafter described and mapped above PARCEL NO. 100 Beginning at a point on the existing centerline of the Greenport-Orient Point, Part 2, S.H.-8380, highway at its. intersection with the westerly boundary of the lands of the Town of Southold (reputed owner), said point being at centerline station 180+0q.50 of the highway, thence north westerly along the e[isting highway boundary 16.33 feet to a point; thence westerly along the existing highway boundary 10.01~eet to a point; thence thru the lands of the Towr of $outhold (reputed owner) the following four courses ar~ distances: (I) NS1°-22~-28"E a distance of ~.9q feet to a point; and (2) S68°-37'-32"E a distance of t2.12 feet to a point; and (3) S38°-37'-32"E a distance of 34.0 feet to a point; and (q) SS1°L22~-28"W a distance of 6.0 feet to a point on the existing highway boundary, then ~ along the said highway boundary 19.5 feet to-the point of beginning, being 239! squa acre, more or less. The above described centerline of the Greenport-Orient Point, Part 2, S.H. 8380, is as show plan on file in the office of the Department of Transportation, All bearings are referred to the Suffolk County Meridian. northwesterly feet or ~.005 ~ on a map and CONTINUED ON SHEET 3 CREENPORT-ORIENT POINT, PT. 2, S.H. 8380 SUFFOLK COUNTY MAP NO, 87~[~O PARCEL NO. 0 ' SHEET 3 ,;OF 3 SHEETS [ hereby certify that this is an accurate description and under my direction. Date A ) L I hereby certify that the property described and mapped above is necessary for this acquisition thereof is recommended. W- P. Lamon~ Senior Land Surveyor (Transportation) P.L.S. License No. 0q5885~ Iroject and C. Siracusa Regional Design Engineer fda' the Regional Director of Transportation Region No. lO the Real Estate Division Map No. 87 Parcel No. 100 NEW YORK STATE DEPARTMENT OF TRANSPORTATION DESCRIPTION AND MAP FOR THE ACQUISITION OF PROPERTY GREENPORT-ORIENT POINT, PART 2 S. H 8380 SUFFOLK COUNTY Map No. 87 Total Area = 23~ Sq. Ft, Parcel No. 108 or 0~005_+ Acre {reputed owner) Description and map of property which the Commissioner of Transportation deems n~cessary to be acquired by appropriatio~ in the name of the People of the State of New York, in feei, for purposes connected with the highway system of the State of New York pursuant to Section 30 of th~ Highway Law and the Eminent Domain Procedure Law= There is excepted from this appropriation all the right, title and interest, if any, of thi United States of America, in or to said property. Pursuant to statute set forth above and the authority delegated to rne by officiali order of the Commissioner of Transportation, the above description and map are hereby officially approved; and said description and the original tracing of this map are hereby officially filed in the office of the Department of Transportation. , Date 19 D. J. Gurnett Director, Real Estate Division I have compared the foregoing copy of descriotio~ and map with the original thereof, i:as filed in the office of the Department of Transportation and I do hereby certify the same to be a true and correct copy of said original and of the whole thereof. New York State Department of Transportatio~ DOROTHY W. SCHWARTZ Bight of Way Agent Rea Eszate Diwsion-Region 10 N.Y.S. Office Bldg., Veterans Memorral mwy. HauDDauge, NY 11788 - (516) 360-6094 New York State Department of Transportation DONALD C. PORTER, P.E. Project Engineer Design Bureau 1220 Washington Ave. · Albany, NY 12232 · 518-457-2806 MAP PARCEL COUNTY- Survey notes on file at New York State Department of Transportation Regional Offtae oaated at HaUppauge, New York . DAM I L,E CONTINUED OH SHEET 2 / / / ,/ GREENPORT-ORIENT POINT, PT. 2, S.H. 8380 SUFFOLK COUNTY MAP, NO. 87. PAR~CEI~ NO. SHEET 2 3 SHEETS All that piece or parcel of property hereinafter designated as Parcel No. 100, situate Southold, County of Suffolk, State of New York, as hereinafter described and mapped above PARCEL NO. 100 Beginning at a point on the existing centerline of the Greenport-Orient Point, Part 2, S.H. at its~ intersection with the westerly boundary of the lands of the Town of Southold (repute point being at centerline station 180+0~1,50 of the highway, thence north westerly along the e boundary 16,33 feet to a point; thence westerly along the existing highway boundary 10.01 thence thru the lands of the Town of Southold (reputed owner) the following four courses ar (1) N51°-22'-28"E a distance of ~1.94 feet to a point; and (2) S68°-37'-32"E a distance of 12.12 feet to a point; and (3) S38°-37'-32"E a distance of 34.0 feet to a point; and S$1°-22'-28"W a distance of 6.0 feet to a point on the existing highway boundary, thenc along the said highway boundary 19.5 feet to the point of beginning, being 239+ squat acre, more or less. The above described centerline of the Greenport-Orient Point, Part 2, S.H. 8380, is as show plan on file in the office of the Department of Transportation. All bearings are referred to the Suffolk County Meridian. CONTINUED ON SHEET 3 the Town of 8380, highway I owner), said isting highway ;et to a point; ~ distances: northwesterly feet or 0.005 on a map and GREENPORT-ORIENT POINT, PT. 2, S:H. 8380 SUFFOLK COUNTY MAP NO. 87 PARCEL NO. SHEET 3 0 F 3 SHEETS I hereby certify that this is an accurate description and under my direction. Date map made from an accurate W. P. Lamont Senior Land Surveyor (Transp¢ P.L.S. License No. 045885 I hereby certify that the property described and mapped above is necessary for this acquisition thereof is recommended. C. Siracusa Regional Design Engineer Regional Director of Transp~ Region No. 10 NEW YORK STATE DEPARTMENT OF TRANSPORTATION DESCRIPTION AND MAP FOR THE ACQUISITION OF PROPERTY GREENPORT-ORIENT POINT, PART 2 S. H. 8380 SUFFOLK COUNTY Map No. 87 Total Area = 23! Parcel No. 100 or TOWN OF SOUTHOLD (reputed owner) Description and map of property which tile Commissioner of Transportation deems n acquired by appropriation in the name of the People of the State of New York, in fee connected with the highway system of the State of New York pursuant to Section 30 of tl~ and the Eminent Domain Procedure Law. prepared 'ration) -oject and the the ration : Sq. Ft. ,',005+ Acre cessary to be for purposes Highway Law There is excepted from this appropriation al the right, title and interest, if any, of ti' United States of. America, inor to said-property. ~ - Pursuant to statute set forth above and the author ty de egated to me by officialii order of the Comr01ssoner of Transportaton, the above descrpton and map are hereby offcia y appr'Ved;'~ and sad description .and the original tracing of this map are hereby officially filed in the office of thai Department of Transportation. ~ Date 1 9 D. J, Gurnett Director, Real Estate Div ~on g I have compared the foregoing copy of description and map with the original thereof, s filed in the office of the Department of Transportation and I do hereby certify the same to be a true ar~i~ correct copy of said original and of the whole thereof. Map No. 87 Parcel No. 100 Real Estate Division R.O.W.. TAKING LINE ---- ' TOE OF S LILCO R REMOVE I& TRA: ~I.W. WALL EXIST. CHAIN-LINK FENCEx-~ X REMOVE 8~ DISPOSE C.L, FENCE X X 268 TO REMAIN CONC. SAW CUT BIT. SHOULDER~ WALK UNPAVED SAW CUT REINF. CONC- PAV'T GREENPORT 179 RELOCATE BRACKET ARM W/LUMINAIRE REMOVE 8~ DISPOSE END ASSEMBLY OF PAINTED STRIPE BIT.OVERLAY ON REINF-CONC.~.-.-.-.-.-.-.-~V'T, STA. 179+B4.25 ~,INTED ' r r , NEW YORK ' , -.' :50  ~ r i 'REPLACEMENT OF ROUTE 25 BRIDGE , , ,- , OVER DAM POND CHANNEL." ,;'/' D A M P 0 N D "<' ~' EAsT MARIoN, SUFFOLK COUNTY "PIN 0041.60 CL EXIST.CHANNE .~PROP. CHANNEL __~T_AKIN6 LINE UTILITY POLE TO BE RELOCATED o ,' TEMPORARY SILT FENCE RD. , , FEDERAL AID. SHEET TOTAL,'," - : ~TATE PROJECT .~10~- ";.,c '" NO. ,, SHEETS- REG. NO. STRIPE MOVE & DISPOSE BOX DE RAIL L~XlSTING TO LCO NCL. EXCAV. PROP. BEGIN EXI-c STA. 180+0 :EMOVE ~LOCKS SHEET PILES WEST ABUT· TO REMAIN 180 BRIDGE ;ONC. ARMOR DEBRIS AM BM(~ NOq REMOVE 8~ DISPOSE BOX BEAM GUIDE RAIL END ASSEMBLY - R.O.W.~ ~ UNCL. EXCAV.< 21' CLEAR / EXISTING " :XIST. SION 21' CLEAR REMOVE BRUSH LILCO 124-266 PROPOSED 8~ SMALL TREES TO REMAIN tWI-4)TO REMAIN RETAINING WALL MASONRY TO / / IUTLINE OF PROI GED BRIDGE SUBSTRUCTURE~,~FILL HOLES IN EXIST. SHOULDER WITH ASF L ~t L JL__ SAW CUT ~__~.IT. SHOULDER SAW CUT ASPH. I ~ RTE 25 STA. 180+15: ~. EXIST· CHANNEL ST/ 25 PROP: CHANNEL END EXIST· BRIDGE STA. +00 REMOVE EA~ ABUT. )REMOVE SUP~RSTF GTURE REMOVE 8~ DISPOSE BOX BEAM GUIDE RAIL W.B. -o STA. 180,57.75 _~~SAW CUT CONC. )REMOVE SIGN E'E NOTE 2. 181 AZ.51o~T'G'L' 0 G RTE. 25 I I I ~BANDO~N 4" G 3HOULDER ..BY EXIST. R .O.W_._~-% 'ILITY POLES TO BE TEMPORARILY REMOVE[) LI LCD DETOUR STA. TIO+O0 (46.57'RT,) RTE. 25 STA~ 180+00 ;.-L. FENCE I TIO _.WET LAND~__{ 2"x2" WOOD F AT 8'-0" MAX. O.C. PER BALE TEMPORARy EASEMENT FACE OF TEMp. SHEET PILING ~ BUSHEs LL TREEs cONSTRUCTION SITE~ _~ 4"x 2'-0" WIRE EoTEXTI LE 5'-0" WIDE ,/ MESH ~ ._,...,~_TEMp. DETour FABRIC (NOTE 3.] ~ {OP. SLOPE HAY BALE XIST. ;ROUND --SEDIMENT FLOW XCAVATE ~ BACKFILL ~TEMPORARY SILT FENCE, SCALE :1"= I'-0" PAYMENT FOR HAY BALES AND ~JRE MESH TO BE INCLUDED IN PRICE BID FOR TEMPORARY SILT FENCE 8 C.-L. FENC 27'MI TEMP ~PAY~_LINES FOR TEMPORARJ 0 0 0 R I ENT ST AP. 4" GAS MAIN BYPASS BY LILCO DER CONC. BAR S DEWALK :RWAY NEW REVETMENT ,ER - TI'Z CTURE AND APPROACHES Mp."CONC. BARRIER 5' C.-~. FENCE ~,ND IGHTING HARBOR W/ REMOVE 8~ RESET BARRICADE 18" CONC. S.E. RET. WALL TO REMAIN G.L'~ TE~pORAR~ DETOU~ ITEM RESET EXIST. LEGEND sTONE FILLING FOR LIST OF CONSTRUCTION ~EFERENCE NUMBER FOR 0 REFERENCE NUMBER FOR : ~ REFERENCE :NUMBER FOR B.I.N. I- 06090-0 TEMP. DET :5.1 ITEMS SEE DWG. NO. G5 BRIDGE ITEM ROADWAY ITEM REVETMENT EXISTING AND TEMPORARY BRIDGES AND APPROACHES GENERAL PLAN STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION REPLACEMENT OF ROUTE 25 BRIDGE NOTES: I. COAST AND GEODETIC SURVEY STANDARD DISC. BM "V-:525"~,EL- 8-402) TO BE REMOVED BY THE CONTRACTOR AND HANDED OVER TO THE ENGINEER. 2. 4"'GAS MAIN TO BE ABANDONED AND PLUGGED AFTER RELOCATING SERVICE TO NORTH SIDE,ALL :BY LILCO · ' . 5, FOR TEMpOR, ARY DETOU'R DETAILS SEE DWG. NO. MT2 4. HiGH WATER LINE SHOWN AT ELEV.+I.5 ' . OVER DAM POND CHANNEl ,*DWG..NQ~, . ,DATE 'SCALE S J f-29' I, PA'~LO' ENGINEERING CO. RC.~ NEW yORK, N Y ~- ... ,,,j ~ 'REPLACEMENT~i, OF ROUTE 25- BRIDGE's: , '," ':;:':' ',':" OV E Ri; DAM :'*POND CH A N N E L' EAST MAR ON ;~SUFFOLK' COUNTy PIN 0041'.60 I I 'TABLE Of AFFECTED PROPE~REMAiNDE~ARE~[' PERMANENT ~ASEmENT OR OC~N~Jl ~;-~AX MAP Jl REMARKS R P~ COUNTY OF SUFFOLK DEPARTMENT OF PUBLIC WORKS JOSEPH P. HURLEY ~ COMMISSIONER YAPHANK, N.Y. DAM POND MAP SHOWING PROPERTY TO BE TRANSFERRED TO THE TRUSTEES OF THE TOWN OF SOUTHOLD VICINITY OF DAM POND · ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY-NEW YORK SCALE-I/8"=I'-O" TRANSFER AREA. 472~ S.F. or O.OIIZ Ac. N.Y.S. RTE. 25 ORIENT MADE BY CHECKED BY DRAWN BY COMPARED DATE ~o1~1¢ DATE HARS'OR MAIN ST. TAX MAP INDEX NO. IOOO 022.00 LOCATION MAP NO SCALE