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HomeMy WebLinkAboutTR-8923 WEST LAKE ASSOCIATION, INC. Southold,New York March 15, 2021 Board of Trustees D E C E D W E. Town of Southold 54375 Route 25 MAR 15 2021 Southold, NY 11971 Southold Town Re: Maintenance Permit#8923 Board of Trustees Gentlemen, As per the requirements of our 10 year Maintenance Permit West Lake Association, Inc(WLA), Is hereby informing you of its intentions to dredge its West Lake entrance channel.WLA anticipates conducting these dredging operations during the month of May 2021 and concluding prior to May 31,2021. WLA intends to meet all of the terms of the Maintenance Permit. The updated spoils dewatering area shall remain as indicated in the permit as submitted and received 10/19/2016. The calculations of spoils to be removed Is approximately 25 cubic yards. Dredging operations shall occur completely from the water via small scale suction dredging equipment owned by the WLA and will have no impact on bulkheads or on landowners' properties adjacent to the channel. Any questions, comments or request for additional information should be directed to: Kenneth Quigley 2245 Little Peconic Bay Lane Southold, NY 11971 Tel: 516-982-7612; Email: Kquigleyy@gmail.com Sincerely, a Kenneth Quigley WLA Board Member 3,l?.21 ell Cc:Southold Bay Constable ! May 20 20,08:08a Latham Sand&Gravel 631-734-2318 p.1 Southold To-Am Trustees 54375 Main Road P.O.Box 1179 Southold,NY 11971 Commencement Notice Permit No:8923 Issued To:West Lake Association,Inc. Contractor's Name: Latham Sand& Gravel,Inc. Contractor's Address: 35180 Rt.48 P.O.Box 608 Peconic,NY 11958 Contractor's Phone No.: 631-291-8151 Date: May 20,2020 To Board of Southold Town T ees: Pursuant to the provisions of ChI 'r 275 of the Town Code of the Town of Southold, you are hereby notified that the tthorized activity shall commence on May 22,2020 Thep ermit sign will be posted al the site and a copy of the permit will be available on site for inspection. Submitted by: 14, John D. Hocker,Vice President Latham Sand&Gravel Inc. 0 V E i MAY 2 5 2020 Southold Town Board of Trustees . g Southold Town Trustees 54375 Main Road P.O. Box 1179 Southold,NY 11971 Commencement Notice IF Permit No: 8923 ! Issued To West Lake Association,Inc. APR 1 1 2018 Contractor's Name: Latham Sand& Gravel,Inc. I I Contractors Address: 35180 Rt. 48 P.O. Box 608 ` Peconic,NY 11958 Contractor's Phone No.: 631-291-8151 Date: April 11,2018 To Board of Southold Town Trustees: Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold, you are hereby notified that the authorized activity shall commence on April 13, 2018 The permit sign will be posted at the site and a copy of the permit will be available on site for inspection. Submitted by: John D.Hocker,Vice President Latham Sand& Gravel Inc. John M.Bredemeyer III,President 0� SO(/TyO Town Hall Annex Michael J.Domino,Vice-President �� l0 54375 Route 25 P.O.Box 1179 Glenn Goldsmith Southold,New York 11971 On A. Nicholas Krupski ® o Telephone(631) 765-1892 Charles J.SandersO 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/silt boom/silt curtain 1St day of construction / Y2 constructed �/ Project complete, compliance inspection A BOAS OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 8923 DATE: NOVEMBER 16, 2016 ISSUED TO: WEST LAKE ASSOCIATION, INC. r� � I ��j�-,ij. PROPERTY ADDRESS: WEST LAKE CHANNEL, SOUTHOLD ,' r i SC I Iviff 1000-90-1-11 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on November 16, 2016, and in consideration of application fee in the sum of$250.00 paid by West Lake Association, Inc. 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 the entrance channel and a portion of the adjoining West Lake to a depth of-31 mean low water; approximately 95 cubic yards of dredge spoil to be removed,and temporarily diked and placed within the upland portion of the property located at 250 Midway Road for de-watering prior to removal of the material to an approved upland source; with the condition that notice be given in writing to the Trustees Office with a copy to be sent to the Bay Constables,in advance of any dredging so that Trustees/Bay Constables can meet with contractor/group representative to YL ensure that permit terms are abided by; and as depicted on the survey prepared by Robert H. Jar' y frr i Fox,Licensed Land Surveyor, dated September 10,2016, and stamped approved on November 16,2016. ,,, 'ts 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. 1W TERMS AND CONDITIONS The Permittee West Lake Association Inc.,West Lake Channel, Southold New York, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. 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. 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. 1 John M.Bredemeyer III,President 0� SU(/T�,o Town Hall Annex Michael J.Domino,Vice-President �� 01 0 54375 Route 25 P.O.Box 1179 Glenn Goldsmith Southold,New York 11971 A.Nicholas Krupski Q Telephone(631) 765-1892 Charles J. SandersO , Fax(631) 765-6641 UNr1,� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD November 16, 2016 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: WEST LAKE ASSOCIATION, INC. WEST LAKE CHANNEL, SOUTHOLD SCTM# 1000-90-1-11 Dear Mrs. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, November 16, 2016 regarding the above matter: WHEREAS, Patricia C. Moore, Esq., on behalf of WEST LAKE ASSOCIATION, INC. applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated September 16, 2016, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on October 19, 2016 and November 16, 2016, 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 WEST LAKE ASSOCIATION, INC. for a Ten (10) Year Maintenance Permit to maintenance dredge the entrance channel and a portion of the adjoining West Lake to a depth of-3' mean low water; approximately 95 cubic yards of dredge spoil to be removed, and temporarily diked and placed within the upland portion of the property located at 250 Midway Road for de-watering prior to removal of the material to an approved upland source; with the condition that notice be given in writing to the Trustees Office with a copy to be sent to the Bay Constables, in advance of any dredging so that Trustees/Bay Constables can meet with contractor/group representative to ensure that permit terms are abided by; and as depicted on the survey prepared by Robert H. Fox, Licensed Land Surveyor, dated September 10, 2016, and stamped approved on November 16, 2016. 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: $1,000.00 Very truly yours, Er John M. Bredemeyer III President, Board of Trustees JMB/dd ,y n( ,�Ooo John M. Bredemeyer III, President tib'° o Town Hall Annex Michael J. Domino, Vice-President �� y�4, 54375 Route 25 Glenn Goldsmith y P.O. Box 1179 A. Nicholas Krupski Southold, NY 11971 Charles J. Sanders �ot , �a }�' Telephone (631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES `}��� ✓ TOWN OF SOUTHOLD TO: WEST LAKE ASSOCIATION, INC. c/o PATRICIA C. MOORE, ESQ. Please be advised that your application dated September 16, 2016 has been reviewed by this Board at the regular meeting of November 16, 2016 and your application has been approved pending the completion of the following items checked off below. Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1 s` Day of Construction ($50.00) % Constructed ($50.00) xx Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) xx Dredging Fees ($10.00 per cu yard)x 95 cubic yards = $950.00 The Permittee is required to provide evidence that the non-turf buffer condition of the Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety(90) calendar days of issuance of this permit. Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. TOTAL FEES DUE: $ 1,000.00 BY: John M. Bredemeyer III, President �a•��l� Board of Trustees2�1 Hydrographic Mapconc House #250 West Lake ChannelL_Midway Road - Surveyed: 09-10-16 N Town: Southold - APPROVED BY Suffolk County, NY Datum:ALw w '`BEARD OF TRUSTEES TfiWN OF'SOd>i`HOIp, - D - _AlbV� !(�, � spoil site r _ ,j << ! with x 40'x V high ;,; pinned haybales SEP 1 6 2016 i - Southold Town Board of Trustees °{ ge ed, N N c, co m N Y n M i v v M M M M N N ; I I I I I I I I I i i i i ---------- M M\aD O� �(1 pp CO N / / N M M M\N M M M M d' ff i o q cd a bM o i s rl M I I ,- �N ------------------------------- Dredge to-3 ' edge°#marsh generates I Float - - approx 95 CY 1 O IV w N 00 N M M , {; , Bulkhead L I I ' K 00 � � l �I I� 177 1 I , I , I I J I I I , I 1 Hoqo mo� mu? ni ui vl vi v flN I I 11 I I 11 I I I , f I I Dredge shaded I o NNI, .� G areas to -3 ALW o ; � approx 95 C` ) G a� E cr LU E� 7c,4 I E F aU E 1 Bulkhead ON i � D 0 N N C4 C I 1 I 1 1 P� I � Q I I N V B M V 1 � coN 10 Or N OI S� r^� M M4 v ROBERT H. FOX ' � NYS PLS#50197 P 0 Box#366 �� ,�j Aquebogue, NY 11931 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax::(631)765-4643 October 19, 2016 hand delivered Board of Trustees D r Town of Southold P.O. Box 1179 OCT 1 9 2016 Southold, NY 11971 Souihold Town RE: WEST LAKE ASSOCIATION a fTru e Dear President Bredemeyer and members: Per my discussion with the Trustees, enclosed is an alternate de-watering site for the Town' s pick up of the sand. Please make this part of our file. Thank you. Very r ly yours, P ricia C. Moore PCM/bp Enclosures .. �® , r f , E0 E V E OCT 192016 Southold Town Board of Trustees � v DATE:(- L- 1NPT LAKE AMCIAMN Maint nasi r�d9in9 qW 00-:vV tiring, _ ,i , WEST LACE DRIVE D IIVATEM, 0 F®R': 'HIGHWAY DEPT. Pick up of sand ;: h CHORNO ASSOCIATES srchftects. SOUTHOLD,NEW YORK +� PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax::(631)7654643 October 19, 2016 hand delivered D E C E V E Board of Trustees Town of Southold 720169 P.O. Box 1179 Southold, NY 11971 Southold lbwn —BoaW dTrustee RE: WEST LAKE ASSOCIATION Dear President Bredemeyer and members: Per my discussion with the Trustees, enclosed is an alternate de-watering site for the Town' s pick up of the sand. Please make this part of our file. Thank you. Very r ly yours, Pay ricia C. Moore PCM/bp Enclosures .. �0 OCT 1 9 2016 Southold Tovin B ar of Trustee DAM I lip WEST LAKE A$SOCIATIQN y. M. Ontenal ce Ore49ing andr der-w0pring: WEST LAKE DRIVE QEMATENNp FOR`'HIGHWAY DEPT. Pick up of sand CHORNO ASSOCIATES archftocti. SOUTHOLD,NEW YORK DiSalvo, Diane From: One Riverdale <oneriv@aol.com> Sent: Wednesday, November 09, 2016 4:30 PM To: DiSalvo, Diane Subject: Board of Trustees Meeting 16 November 2016 To: The Board of Trustees -- Att: Diane Disalvo EV E I1c,I From: Barbara and Ina Greenfield �� NOV 1 4 2016 550 Westlake Drive Town of Southold Southold Town Re: Meeting of the Board scheduled for 11/16/2016 Board of Trustees 1 *October 19, 2016 We want to take this opportunity to correct the record with respect to our family's interest in the seawall bordering the inlet into West Lake. At the last meeting of this Board*, it was stated that we had already been given some special accommodation in that our new seawall was ca. eighteen inches further into the inlet that the original wall. In fact, our marine contractor installed the new wall precisely in accordance with explicit direction by the Army Corps of Engineers. We can provide the Board a copy of that document. Apparently their policy at that time (and perhaps now as well) is to require the contractor to put the new wall seaward of the original wall without removing that original wall. We neither asked for nor received any special treatment. Again for the record, we share the common interest of maintaining circulation and exchange through the inlet in order to maintain a healthy marine ecosystem in West Lake. That said, we believe that a ten year permit would be unreasonably long given the chance that dredging and/or markedly increased flows could damage our adjacent property. A dredge permit reviewed for renewal at intervals no longer than three years is much more appropriate and conservative resolution. Moreover, the Association requesting the permit must agree to assume financial responsibility for any damage to adjacent properties resulting from the proposed dredging. and in seeking this proposed Wetlands permit This operation warrants that it will not substantially: --Adversely affect the protected wetlands and salt marsh surrounding West Lake and vicinity --Cause damage from erosion, turbidity or siltation. --Cause saltwater intrusion into the fresh water resources or fresh water runoff/waste water into salt marsh and West Lake --Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation of the natural habitat thereof. --Increase the danger of flood and storm-tide damage due to increased flow and resulting storm surge --Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town. --Change the course of any channel or the natural movement or flow of any waters. --Weaken or undermine the lateral support of other lands in the vicinity 1 --Otherwise adversely affect the health, safety and general welfare of the people of the town. Thank you for taking the time to read our letter written with the help of Peter Ortner*submitted for the record in time for the meeting scheduled 11/16/16. Respectfully yours, Ina & Barbara Greenfield and Dr. Peter Ortner who attended the 10/19/16 meeting as a friend and adviser *Peter B. Ortner, Research Professor/Director Emeritus Cooperative Institute for Marine &Atmospheric Studies Rosenstiel School of Marine and Atmospheric Science University of Miami 4600 Rickenbacker Causeway Key Biscayne, FL 33149 office: 305-421-4619 mobile: 305-905-9666 2 DiSalvo, Diane From: Lydia Defeis <lydiadefeis@gmail.com> Sent: Sunday, October 16, 2016 3:26 PM To: DiSalvo, Diane Subject: Meeting 10/19/2016 Wetlands Permit Westlake Association Dear Trustees, I am writing in regard to the application for an extension of the Wetlands Permit for Westlake Association. Unfortunately, I could not attend the meeting scheduled for October 19, 2016, but I would like to have this letter serve as my support for this issue. My family and I have owned the property at 1165 Cedar Point Drive for over 50 years. The impact of the channel filling in would be devastating to our community not to mention the environmental impact on the fish/shellfish. Our lake is a sanctuary for the many species that live and grow in the waters of the Peconic Bay. Thank you for your continued support for our community! Lydia DeFeis i John M. Bredemeyer III, Pre, it of' ` } Town Hall Annex Michael J Domino, Vice-Presiaent 54375 Route 25 Glenn Goldsmith k i= P.O. Box 1179 A. Nicholas Krupskio Southold, NY 11971 Charles J. Sanders M o�x Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: a1 q I Completed in field by: �� Patricia C. Moore, Esq. on behalf of WEST LAKE ASSOCIATION,, INC. requests a Wetland Permit for a Ten (10) Year Maintenance Permit to maintenance dredge the entrance channel and a portion of the adjoining West Lake to a depth of-3' mean low water; approximately 95 cubic yards of dredge spoil to be removed, and temporarily diked and placed within the upland portion of the property located at 250 Midway Road for de-watering prior to removal of the material to an approved upland source. Located: West Lake Channel, Southold. SCTM# 1000-90-1-11 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=4 Setback Waiver,Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: - 1. Residence: 100 feet 2. Driveway: 100 feet 3.. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 Ch. 111 SEQRA Type: 1 11 Unlisted Action Type of Application: Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Survey <_ 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: IA4 At;s L,416 JJ -ire )-ii— J 67 V Present were: J. Bredeme yY er M. Domino G. Goldsmith N. Kru ski p C. Sanders Other Page 1 of 2 John M. Bredemeyer III, Pre'', it Town Hall Annex Michael J. Domino, Vice-President moo~ �G�� 54375 Route 25 Glenn Goldsmith o P.O. Box 1179 A Nicholas Krupskio ,yAy Southold, NY 11971 Charles J. Sanders 'lSjdao Y Telephone (631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: Completed in Work Session by: Patricia C. Moore, Esq. on behalf of WEST LAKE ASSOCIATION, INC. requests a Wetland Permit for a Ten (10) Year Maintenance Permit to maintenance dredge the entrance channel and a portion of the adjoining West Lake to a depth of 4 mean low water; approximately 95 cubic yards of dredge spoil to be removed, and temporarily diked and placed within the upland portion of the property located at 250 Midway Road for de-watering prior to removal of the,material to an approved upland source. Located: West Lake Channel, Southold. SCTM# 1000-90-1-11 Ch. 27542 - STANDARDS FOR ISSUANCE OF PERMIT M_ET=X or Comment=* A. Adversely affect the wetlands of the Town: B. Cause damage from erosion, turbidity or siltation: C. Cause saltwater intrusion in the fresh water recourses of the Town: D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife & vegetation or the natural habitat thereof: E. Increase the danger of flood and storm-tide damage: F. Adversely affect navigation tidal waters orthe tidal flow of the tidal waters of the Town: G. Change the course of any channel or the natural movement or flow of any waters: H. Weaken or undermine the lateral support of other lands in the vicinity: I. Otherwise adversely affect the health, safety and general welfare of the people of the Town: J. Adversely affect the aesthetic value of the wetland and adjacent areas: Ch. 111-9 - ISSUANCE OF PERMIT MET=X or Comment=*. A. Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location: B. Is not likely to cause a measurable increase in erosion at the proposed site and at_ other locations: C. Prevents, if possible, or minimizes adverse effects on natural protective features and their functions and protective values, existing erosion protection structures, and natural resources: D. :525% Expansion/Calculation Work Session Notes Application Complete SEQRA Classification Confirmed Coordinated Review Y/N Pos/Neg Declaration CAC: LWRP: Additional information on comments/to be discussed/Public Hearing: Date: Completed By: Present: J. Bredemeyer - M. Domino G. Goldsmith N. Krupski C. Sanders E. Cantrell D. Di Salvo Other Page 2 of 2 NO= EM Land Services Inc 6901 Jericho Turnpike,Suite 210,Syosset,NY 11791 (516) 921-4466*Fax#(516) 921-3433 info@americanlandservices.com D fi= Matthew McCormick 10/18/2016 E I VE SOLOMON R.HERRERA 2950 Hempstead Turnpike Levittown,NY 11756 OCT 1 9 2016 RE: Title No. :ALSS111507S Premises :No#West Lake Drive, Southold,N.Y. 11971 Southold Torn Baird of Trustees Tax Id : District 1000 Section: 090.00 Block 02.00 Lot: 011.000 Dear Sirs: EAM Land Services has made a search of the Suffolk County Clerk's records against the above premises West Lake and the surrounding roads and found as follows: 1) West Lake(District 1000 Section 090.00 Block 01.00 Lot 011.000): No deed found after the Filed map Developer deed,so the last deed is Indenture dated 4/1/1926 between Edwin H. Brown and Adeline R. Brown, his wife and Queens Operators Corporation recorded 4/26/1926 in liber 1169 page 234. Note that the tax map shows"Town of Southold"as the owner. 2) A search of the ownership of Westlake Drive fronting the premises shows the following: a. Indenture dated 04/19/1926 between Edwin H. Brown and Adeline R. Brown and Queen Operators Corporation recorded 04/16/1926 in Liber 1169 at page 234; e Developer(map maker) deed. Filed subdivision map No.90 Cedar Beach Park filed 12/20/1927. No street dedication found. b. Declaration of Cedar Beach Park Association dated 03/21/1960 recorded 03/28/1960 in Liber4787 at page 72; ® Amended Declaration of Cedar Beach Park Association dated 11/15/1987 recorded 12/24/1987 in Liber 10502 at page 536; • Declaration recites source of title (authority) in the following deeds: (1) Indenture.dated 07/14/1949 between Guaranty Trust Company of New York and Howard A. Toedter, Inc.recorded 07/16/1949 in Liber 2971 at page 16; (2) Indenture dated 02/18/1955 between Howard A.Toedter, Nelson T. Dickson and Thelma D. Dickson and Southhold Realty Corp.recorded 03/16/1955 in Liber 3854 at page 69. If you have any questions, or if we can be of any further assistance, please do not hesitate to contact the undersigned. Very truly yours, American Land Services Inc. Encl. By:Jeremy S. Berlin, C.�4� 13 N 1(y4 .� 105 ���• � � R P®,JV . g 14 TOWN OF SOUTHOLD (139) 7 a (130) 9 11 4.5A(c) 6 27 N o, (50) (140) 8 26 25 , s A. 5 (121) � T 3 k WEST 2 1a 1147) m (140) -4 �G �`0' LAKE � R (14t) Z o U4s) � 152 — 1 (t46) 1, Pa, ,, J�q fy 28 (142) v(}� )) Rd (144) (1z) 0133 30 L 133 ,ra 29 00 (143) 190 t00 � 25 — - J 26.1 (33') i e 18 iQj D�. 20 21 s5s ~330 AIR I1 ) zz 23 �, c33q r tootf ) J �4 ry 1 i Z/]� ` 6 9.1 100 ) w C 1.1 100 (f?1) " 3 ® ��• so SO �q (117) (114 V _ - (113) I M �® �----_.• �_ 100 1112)700 ) �_ roo 1 ® 100 1T0a ) �- 0 EIE NECcC � /+T n q e ®N318282 ®l,t 1 J LOU � n =, c Southold Town Boad of Trustees �, wr' . i 4rj oAY'I orf MON,--- .� f J IA Q J r / t f; Ia.MC7 AT \ f . rto o AlzEw Z07" cn k , 1 Soo �• hG�r FIh;9 f /v� ,f 11%� t�"+- til�!,Y - ! 1,,/ IC¢1'7 .'f! Ike, 1544 l7'Ul;� ZJ' -1/'/e / Po. A-i e I! / %� i*L/,r ,/l-',J j•;e /,a�yq 1�: 4/'U'[.A r C-p- f?'Yf''1 n.•j. G"1' •f'I'/Z'C�` �ril�"7 /// 6v ; t ,4wa o � _ - N •° ! r 4'�'`J B me v rte\ `kn l�lQ La¢a sf^.mssvn by �nr left 7 in c:rc% are, rhos 7ln!�o.! �! Pkrt e{ Pvol�ev� D �u•�r,h'Eron.rr at Ba�r7ec, • �ou¢nr.Id, /$l,�j"' r7%Gf 7� Sc•�IPol,. Come Clr:-f•'s ,a�fice• y OCT 1 9 2016 Southold!own �.� _ Board ofT i I � t 7 I '07 A �r ie � -_ l ~- _ _-- �j a ��•�1`�-������._. -� _ � l=' F 'rte '! OCT 1 9 2016 i Southold Town Board ofTrus � a a a 4 s 1� y`S` Y. .r Y MI3 'xh .. f #S"M�.: i „y�,�y,al.4�•.�1��LL '� �� "„"'t'y t� t`"�,'�i.• 34' +-FR �• `�` a�.� �Li�-� ^�'.�� 'ti-i;4�q'' ,.� .,i A4' T `rx 7 �, Qi I( r ,. c i,. u !i i I U) 3 SURVEY OF PROPERTY AT BAYVIEW OCT 1 9 2016 TOWN OF SOUTHOLD ar SUFFOLK COUNTY, N.Y. Southold Town 1000-90-02-01 f SCALE.' i=30' MARCH 29, 2016 S)p4 �'ST L J�,� � •rr w NCO. ` 4`?SO k i <prci9r OW 00.Rc - c Wr ` `4'HG 47TJYP dgkZO UBVO 3� TpNF dY \ h'O,9D LpT � wac 7 pp. r� ® _ SPTR SPIKE 04941c KA�R �ry • = PIPE FLOOD ZONE FROM FIRM 36103C0169H LOT NUMBERS REFER TO SUBDIVISION MAP CEDAR BEACH PARK"FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON DECEMBER 20, 1927 AS FILE NO 90. mi ll` . LIC. NO 49618 ANY ALTERATION OR ADD177ON TO THIS SURVEY IS A 140LA77ON PECONIC SURVEYORS, P.C. OF SEC77ON 7209 OF THE NEW YORK STATE EDUCA77ON LAW. AREA= 9,022 SO. Fr. (631) 765-5020 FAX (631) 765-1797 EXCEPT AS PER SEC770N 7209-SU6DINSION 2 ALL CER7IRC47IONS P.0. BOX 909 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF OR 0.207 ACRES 1230 TRAVELER STREET SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR [16-021 WHOSE SIGNATURE APPEARS HEREON SOUTHOLD, N Y 11971 John M. Bredemeyer III, Presi, 5� FF W oG 'Town Hall Annex Michael J Domino, Vice-Presiaent ,�� y� 54375 Route 25 Glenn Goldsmith o P.O. Box 1179 A. Nicholas Krupski o Southold, NY 11971 Charles J. Sanders 4, p� Telephone (631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Date/Time: Completed in field by: Patricia C. Moore, Esq. on behalf of WEST LAKE ASSOCIATION, INC. requests a Wetland Permit for a Ten (10) Year Maintenance Permit to maintenance dredge the entrance channel and a portion of the adjoining West Lake to a depth of 4 mean low water; approximately 95 cubic yards of dredge spoil to be removed, and temporarily diked and placed within the upland portion of the property located at 250 Midway Road for de-watering prior to removal of the material to an approved upland source. Located: West Lake Channel, Southold. SCTM# 1000-90-1-11 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=4 Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N. Ch. 275 Ch. 111 SEQRA Type: 1 II Unlisted Action Type of Application: Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Survey <_ 5 years: Y/N Wetland Line by:_ C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: Present were: J. Bredemeyer M. Domino G. Goldsmith N. Krupski C. Sanders Other Page 1 of 2 John M. Bredemeyer III, Presi o�oo"afFO0 del Y Town Hall Annex Michael J. Domino, Vice-Presiaent y� t 54375 Route 25 Glenn Goldsmith i= '` P.O. Box 1179 A. Nicholas Krupski Southold, NY 11971 Charles J. Sanders -4, ao�� Telephone (631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: Completed in Work Session by: Patricia C. Moore, Esq. on behalf of WEST LAKE ASSOCIATION, INC. requests a Wetland Permit for a Ten (10) Year Maintenance Permit to maintenance dredge the entrance channel and a portion of the adjoining West Lake to a depth of-3' mean low water; approximately 95 cubic yards of dredge spoil to be removed, and temporarily diked and placed within the upland portion of the property located at 250 Midway Road for de-watering prior to removal of the material to an approved upland source. Located:,West Lake Channel, Southold. SCTM# 1000-90-1-11 Ch. 275-12 - STANDARDS FOR ISSUANCE OF PERMIT MET=X or Comment=* A. Adversely affect the wetlands of the Town: B. Cause damage from erosion, turbidity or siltation: C. Cause saltwater intrusion in the fresh water recourses of the Town: D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife & vegetation or the natural habitat thereof: E. Increase the danger of flood and storm-tide damage: F. Adversely affect navigation tidal waters or the tidal flow of the tidal waters of the Town: G. Change the course of any channel or the natural movement or flow of any waters: H. Weaken or undermine the lateral support of other lands in the vicinity: I. Otherwise adversely affect the health, safety and general welfare of the people of the Town: J. Adversely affect the aesthetic value of the wetland and adjacent areas: Ch. 111-9 - ISSUANCE OF PERMIT MET=X or Comment=* A. Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location: B. Is not likely to cause a measurable increase in erosion at the proposed site and at other locations: C. Prevents, if possible, or minimizes adverse effects on natural protective features and their functions and protective values, existing erosion protection structures and natural resources: D. :525% Expansion/Calculation Work Session Notes Application Complete SEQRA Classification Confirmed Coordinated Review Y/N Pos/Neg Declaration CAC: LWRP: Additional information on comments/to be discussed/Public Hearing: Date: Completed By: Present: J. BredemeyerM. Domino G. Goldsmith N. Krupski C. Sanders E. Cantrell D. Di Salvo Other Page 2 of 2 I , 1 'r 1 1, est Lake Association,Inc. est Lake Channel,Southold Y CTM#i: 1000-90-1-11 10/11/16 rr 71 ,. < r West Lake Association,Inc. West Lake Channel,Southold SCTM#: 1000-90-1-11 10/11/16 d� 10, Ilk NO AO AWN rt . "r3 4a _ — r. _ t- r" s i• 1 / .r • i R � . f f ♦ i., � I ref i l-r � � I f `'. • i j 4r r .p x � • ! ,, ;� ,,�4 __ ate' . 4 r �4 i f i.. �/ k�•�� Mfg. t '- a o y _ y y 1 r J, e T e s I �'-�4�11"�$y �`ry +� — _ i`w,fir� .. _.. • I� CJt}rS�R� 11iner 2016 Nei x♦ s., Workspire Weigh x VQ sing Mans- Qirec. x VF2 130 Midway Rd-( x �r'nrgapsf t cefl 9+Mr .4ay+Rd.+Southold,+NY+11971/X41.0301345,-72,401915.74rn!data-:3mirie3 4m5!�m4ElsOx89e899dfcii887ei:Oxc2345cOd85i2d5=: a2 =rare 1E k Work;p lee Logon or Www.southoldtc Q Bing Maps WebCiVil Suprer FedExt Trackinc Q Bing91 Facebook Q Office Supplies, p Suffolk;oomyr Taxi,a er Wentift i Ho O $ "A 71 r dft • IL J t ! �. tib.r .:; �� "•��' }�,'�' WEST LAKE ASSOCIATION ' evwrxs tozm I tz at .n-0t Flt-02 i22-03 '2-06-01 0.t0.1d b It, I 9A(c) 9 14� t5 TOWN OF w0 so mmo e 4 t4 O 13 w+ 8 } 15ryq �• 2 PO1NTstoe z W a 3 (33) 2 a nOR m, li0lg y+ n $\R 5 4 U t 4 �/ ` _` 61 g s ---------sn--- _ 6 m 1zn(c) -- 12 -_- -- ,_________ TOWN OF 5 SOL CEDAR 1 , n+�...�o,.a S T W l30/NT zon(q TOWNOFSOUTNOIO iq 2 p w 14 w % 11 a is "a WEST g n., o m 24 b CF 6 N. 0L 6 r e tie LAKE m o e e 6 m ns, ; 100, ' a 4 ' _ i6 5 4W .y 0 9 NT 0 n>t '• nw TOWN OF w wT d, 2 SOUTNOwn 2 1 t6 m nw Q Y 6 13.1 c 141 i (Sal L4KE( e -` / 26.1 v 4 � - ---1 is 2t 25 i6 2U .m OR I m _ 20 :1 TN(c) 16 17 16 �17A(c) s 3 tn(cY 3 f/OG — � - - - aamwF7� NEC/ BAY I ne>ffi I zN$ I - ds F - __ �� ,��I __ _ - __ M ""®�'a"'•' NOTICE COUNTY OF SUFFOLK © E cr SOUTNOID SECTION NO - Real Property Tax Semce Agency r 090 -Asi _ . ;T+9 +"7° ^:"., .." `d,:' Z.#�: - - CY' - - n:;as..F,:.- st:;'i..s.. .�,e,3.v _ _ ;F-,• - - - - <.y rb. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax::(631)765-4643 October 19, 2016 hand delivered 22 �p Board of Trustees D E I °� E Town of Southold P.O. Box 1179 OCT 1 0 9 2016 Southold, NY 11971 Southold Fown RE: WEST LAKE ASSOCIATION Bggrd of Trustees Dear President Bredemeyer and members : Per my discussion with the Trustees, enclosed is an alternate de-watering site for the Town' s pick up of the sand. Please make this part of our file. Thank you. Very r ly yours, Pay ricia C. Moore PCM/bp Enclosures .. �® r • ECEI E OCT 1 9 2016 Southold Town aid of Trus es DATE'I�- li$ fo WEST LAKE ASSQCIATIQN. Maintenance dredging 800:d_e:-w-AWIng- WEST LAKE DRIVE•[ E;WATEPJNG FOR' 1 HIGHWAY DEPT. Pick up of sand '. • ( ---CHORNO ASSOCIATES architects. SOUTHOLD�NEW YORK + Cantrell, Elizabeth From: pcmoore@mooreattys.com Sent: Monday, November 07, 2016 9:40 AM To: Betsy; Bredemeyer,John Cc: Cantrell, Elizabeth Subject: RE:WESTLAKE &SCHAB. Hi John & Elizabeth: I want to clarify the message Betsy sent me on Friday: 1. the proposed use of the road end adjacent to the inlet (West Lake Road) is for the small amount of dredge material proposed. The design was drawn by an architect (engineer is not required) who shows the double row of haybales to protect the Moy property &silt fence. The amount is so small that the area affected is reduced in size to conform with the amount of dredge material. The dredge material will then be picked up by the highway department for Town beach re-nourishment projects. 2. The previously approved ( and simultaneous application) site for the dewatering was on the Schab property. That property is not near Moy. This site was chosen as a back up. Since the amount of dredge material is so small the road end is more practical. Thank you Pat PATRICIA C. MOORE physical & mailing address 51020 Main Road Southold NY 11971 tel # 631.765.4330 'fax # 631.765.4643 www.mooreattys.com -------- Original Message -------- Subject: WESTLAKE & SCHAB. From: Betsy <betsy(&mooreattys.com> Date: Mon, November 07, 2016 8:47 am To: "Bredemeyer, John" <john.bredemeyer(�town.southold.ny.us> Cc: "Cantrell, Elizabeth" <elizabethc(abtown.southold.ny.us>, Moore Patricia <pcmoore(a)mooreattys.com> hi John. I passed along your message to the Westlake people and they were confused. perhaps I misunderstood you. could you or Elizabeth shoot me an email to clarify for them thanks. Betsy Perkins LA i t 1 Moore Law Offices William D. Moore, Esq. 631.765.4663 Patricia C. Moore, Esq. 631.765.4330 mailing & physical address: 51020 Main Road Southold NY 11971 fax number for both 631.765.4643 www.mooreaMs.com NOTICE: This e-mail and the attachments hereto, if any, may contain legally privileged and/or confidential information. It is intended only for use by the named addressee (s) . If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e- mail and the attachments hereto, if any, is strictly prohibited. If you have received this transmission in error, please immediately notify the sender by telephone and permanently delete this e-mail and the attachments hereto, if any, and destroy any printout thereof. 2 T ,J o \l LAW OFFICES OF i SOLOMON & HERRERA, PLLC 2950 HEMPSTEAD TURNPIKE LEVITTOWN,NEW YORK 11756-1465 (516)579-6200 ♦FACSIMILE �i (516)579-2409 " MICHAEL D.SOLOMON wwwnyfWawcom SUFFOLK COUNTY OFFICE DANIEL J.HERRERA ♦NOT FOR SERVICE OF LEGAL PAPERS GREENPORT,NY 11944 MATTHEW C.McCORMICK (631)323-1300 FLORIDA OFFICE JACQUELINE FINN BARBARO — MARATHON,FL 33050 JENNIFER LoMONACO BY APPOINTMENT ONLY PARALEGALS ^f E •ALSO AD.IIITTED TO PRACTICE D N T A}: F CE FLORIDA&PENNSYLVANIA PPY f i`11 October 26, 2016 NpV ® 4 2016 Town of Southold Board of Trustees 54375 Main Road Southold Town Southold, NY 11971 TrusteesBoard of Re: The Westlake Association, Inc. Application to Dredge Dug Inlet Schab and Kaminer Application as De-Watering Site for Dredge Spoil Tax Map#90-1-11 Dear Sirs: As you are aware this office represents Dai Moy, the Estate of Sim Moy and 106 Mulberry Corp. the property owners abutting the above mentioned Inlet. My clients, as the Board was advised at the October 19, 2016 hearing, vehemently opposes the dredging application. First, there is a substantial dispute regarding the actual ownership and right to utilize West Lake Drive. The applicant proposes to remove the dredging spoils via West Lake Drive. That portion of West Lake Drive proposed to be used by the applicant runs along the northerly boundaries of my clients' properties. However, West Lake Drive is not a road in the colloquial sense. It is not a dedicated roadway and the Town of Southold does not maintain it. It is a dirt and gravel pathway located within the Cedar Beach Park Subdivision. However, even the dirt and gravel pathway ends at the entrance of my client's property. It is not maintained by the applicant or any other persons other than my clients. That portion of West Lake Drive that continues along my clients' properties has actually been cultivated and incorporated into my clients' respective yards and is grassed over and maintained as such by my clients. In that vein, there is nothing in the records of the Clerk of Suffolk County that evidences The Westlake Association, Inc. is the owner of West Lake Drive. Attached is a letter by EAM Land Services, Inc., a licensed title company, signed by their counsel, describing a search of the records of West Lake Drive. The search reveals that the mapmaker, Queens Operators Corporation filed the deed inclusive of West Lake Drive in 1927. However, there are no deeds conveying out of this entity subsequent to then. The search also reveals that Cedar Beach Park Association filed a declaration in 1987 which declaration cites as its authority (source of title) a deed from Guaranty Trust Company of New York to Howard Toedter made in 1949 and a deed between Howard Toedter, Nelson T. Dickson and Thelma D. Dickson and the Southold Realty Corp. in 1955. Neither deed however cites back to the original owner, Queens Operators Corporation. There appears to be a gap in the chain of title between Queens Operators Corporation and source of titles cited by Cedar Beach Park Association, thus calling into question the validity of any claim asserted by Cedar Beach Park Association. Consequently, there is a genuine dispute as to the ownership of that area of West Lake Drive abutting my clients' properties. The only actual indicia of ownership of that area is from my clients who have maintained and used it for more than the last 45 years. This also includes my clients' bulkheading of West Lake Drive on the Dug Inlet side, which moreover was done with the permission of this very Board. To that extent my clients is commencing litigation to resolve that dispute. Nonetheless, in any event, nothing in the record at all evidences or cites to any authority that gives The West Lake Association, Inc. an ownership interest in West Lake Drive that would permit them to undertake the application as proposed. Second, the dredging itself will result in further damage to my clients' bulkheading. The prior dredging commenced in 2013 already caused subterranean shifting of the soil beneath my clients' bulkhead which in turn has caused the land behind the bulkhead to cavitate and sink. Thus, threatening a total breach and collapse of the bulkhead. My clients have already been compelled to make emergency repairs and will be faced with the prospect of total replacement due to the dredging activity. Permitting the dredging as requested will only result in continued damage to the bulkhead, trapping my clients in endless cycle of repair and replacement. This is underscored by the owner on the opposite side of the inlet who oppose the application for the very same reasons. My clients should not bear the cost of damages as a result of the dredging. This is particularly true because the waterway was never intended to be as navigable as the applicant proposes it to be. The applicant wishes to fight the contours of nature but do so at the expense of and risk to my clients' property. Such a proposition is not only inequitable but placed the safety and welfare of my clients' property at peril. Accordingly, it is respectfully requested that the application be denied. In the very least this matter should remain open to public hearing so these issues may be properly addressed and placed on the record for discussion. V truly yours, MICHAEL D. SO MDS:mm cc: Dai Moy Stuart Moy _ Patricia Moore, Esq. I NOV o 4 2016 EA.M Lard Services Ind. 6901 Jericho Turnpike,Suite 210,Syosset,NY 11791 (516)9214466 x Fax (516)921-3433 info-g,americanlandservices.com 10/18/2016 Matthew McCormick SOLb-MON R HERRERA 2950 Hempstead Turnpike Levittown,NY 11756 RE: Title No. :ALSSI 11507S Premises :,No#West Lake Drive, Southold,N.Y. 11971 Tax Id :District 1000 Section: 090.00 Block 02.00 Lot:011.000 Dear Sirs: EAR4 Land Services has made a search of the Suffolk County Clerk's records against the above premises West Lake and the surrounding roads and found'as follows: 1) West Lake(District 1000 Section 090.00 Block 01.00 Lot 011.000):No deed found after the Filed map Developer deed,so the last deed is Indenture dated 4!1/1926 between Edwin H.Brown and Adeline R. Brown,his wife and Queens Operators Corporation recorded 4/26/1926 in Iiber 1169 page 234. Note that the tax map shows`'Town of Southold"as the owner. 2) A search of the ownership of Westlake Drive fronting the premises shows the following: a. Indenture dated 04/19/1926 between Edwin H. Brown and Adeline R. Brown and Queen Operators Corporation recorded 04/16/1926 in Liber 1169 at page 234; • Developer(map maker)deed. Filed subdivision map No.90 Cedar Beach Park filed 12/20/1927. No street dedication found. b. Declaration of Cedar Beach Park Association dated 03/21/1960 recorded 03/28/1960 in Liber 4787 at page 72; • .Amended Declaration of Cedar Beach Park Association dated 11/15/1987 recorded 12/24/1987 in Liber 10502 at page 536; • Declaration recites source of title(authority)in the following deeds: (1) Indenture dated 07/14/1949 between Guaranty Trust Company of New York and Howard A. Toedter, Inc.recorded 07/16/1949 in Liber 2971 at page 16; (2) Indenture dated 02/18/1955 between Howard A.Toedter, Nelson T.Dickson and Thelma D. Dickson and Southhold Realty Corp.recorded 03/16/1955 in Liber 3854 at page 69. If you have any questions,or if we can be of any further assistance, please do not hesitate to contact the undersigned. Very truly yours, American Land Services Inc. 13y:Jeremy S. Berlin, Encl. Q FECEIE LNOV2016 �DD Southold Tovan 1- CERTIFIED MAIL. $ 6F LAW OFFICES OF r'+ us POSTAGE SOLOMON & IIIERRERA, PLLI, FIRST-CLASS f 7 062S0007779980 ti'%rj1 'r, 2950 HEMPSTEAD TURNPIKE 11756 LEVITTOWN,NEW YORK 11756-1465 .. •, lyesµ 7213 3022 0001 6165 2634 �, C - 4 2016 � ����� � NOV �� IST NOTICENDY 4 tois Sou.hoid Town2ND )TICS i x S'i'x--='=yE-46 7S dill dill fli,jJiiJ'}}'}'JJI}IJ'}}i}JJJ'iJi}i}ti N Cantrell, Elizabeth From: Renee Ring <rring@nyflalaw.com> Sent: Friday, November 04, 2016 3:30 PM To: Cantrell, Elizabeth Subject: West Lake Drive Southold Attachments: DOC126.pdf Hello, As per your conversation with Matthew McCormick,please see attached. Regards, R.evi.ee R V-0 Law o f f ices of soLowt.ow� Uferrera,pLLC 2950 ttevwpstead Turv'+IU,2wd FLoor LeV/ttoww, New yorl?12756 rriK'Q A4tW:la LAw.Go Wt Offloe: WLC) Sf9-6200 Fax: KLO 5,-t9-2409 NOTICE: This 8-vvOU avO awU attachvv-ewts are cowfdewtinL awd are protected bU various LegaLpriviLeges, iwcLud PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax:(631)765-4643 1 October 25, 2016 OCT 2 6 2016 s Southold fo;vn Southold Town Trustees8ard ;st Town Hall Annex Southold, NY 11971 By Hand Re: West Lake Maintenance Dredging Application Dear President Bredemeyer and Board: In accordance with our discussions at the public hearing on October 19, 2016 enclosed please find the following documents: 1. In 2006 a title search was performed to determine the "ownership" of the roads in the subdivision known as Cedar Beach Park. The search found that the deeds described the lots as fronting on the roads not going to the center of the roads. The filed lots 119 and 118 (Moy parcels) were not given any fee title to the road. Moreover Moy has no claim of title to the lands that lay on the north side of the road (where the Moy dock is situated). A copy of the title search is herein attached. 2. In 2009 the surviving last owner of record of the roads, Virginia Toedter deeded the title to the roads in the subdivision map of Cedar Beach Park to Cedar Beach Park Association and West Lake Association. A copy of the deed is herein enclosed. 3. Mr. Moy does not own either West Lake Road or the bulkhead in front of Westlake Road. This claim has been refuted over the years, most recently during the Zoning Board appeal for the proposed development of tax map 1000-90-2-1 (filed map number 119). Attached are pages extracted from the transcript of the June 30, 2010 hearing which relates to ownership of the right of way and to Moy's responsibility to maintain the bulkhead that is adjacent to his lot. On Page 79, Moy's attorney, David Rosenberg, in a discussion with the Board regarding which parties are responsible for which bulkheads said: "The north that actually fronts on West Lake... I don't think that's actually our property. That's beyond --outside of our property line.". He then agreed with Chairperson Weisman that "the inlet bulkhead is owned and maintained by" Moy. Chairperson Weisman then said "Whereas the West Lake bulkhead is-- the Association is responsible for that". Rosenberg said: "I would think so. I am not sure who actually owns that..." Chairperson Weisman then incorrectly referred to the right of way as an "easement" but Rosenberg corrected the Chairperson by stating that it is a "right of way". Later, on Page 82, Peter Gunn acknowledged that the Association is responsible for the bulkhead that fronts on West Lake. Then Chairperson Weisman, on Page 83, said to Gunn "And we can condition any relief we grant with the fact that the Moys have indicated they will continue to maintain unobstructed access to that right of way to anyone whose rights are involved". I think that this establishes that the record shows that Moy has no claim of ownership to the right of way and also agreed not to obstruct the Association and its members. This was a key point upon which his variance was granted. Also, all of the surveys and drawings that Moy submitted to the Trustees show the right of way as being outside of his property line. After that meeting, the Zoning Board required that Moy enter into a Declaration of Covenants and Restrictions which was recorded agreeing to maintain his bulkhead. In accordance with the Board's policies and regulations, the maintenance dredging of west lake channel is necessary for both environmental health of the basin and maintenance of riparian rights of the homes in the basin. Mr. Moy should not be permitted to obstruct the maintenance dredging. He should be compelled to comply with his previous representations to this Board and the Southold Town Zoning Board that he will replace his bulkhead and thereafter maintain the new bulkhead. If Mr. Moy pursues litigation regarding his claimed ownership of the road, West Lake Inc. will defend this claim and seek sanctions for frivolous litigation. Ve t ly yours, P tncia C. Moor PCM/ D E V E encls. c: Westlake Association Michael Solomon Esq. (attorney for Moy) OCT 2 6 2016 Southold Town BQard f Trusim May 29, 2006 To Whom It May Concem: Please be advised that I have examined the sub division known as Cedar Beach Park and have found the following. The map was developed by J P Muller Realty Corporation.The developer sold off several lots prior to losing the land to foreclosure. All the deeds out of the developer contained an easement over the roads and to the inlets. The deeds also described the lots as fronting on the roads not going to the center of the roads. As the chain of title for the subdivision passes along,with it passes the fee title of the streets. All lots that were sold out were granted and easement of ingress and egress, over the roads along with being subject to any covenants and restrictions of record. There were some lots that were sold that contained to the center of the roads. However they were subject to easements of others to pass over said roads. The file lots known as lot 119 and 118 were not given any fee title to the road. This being the case the property owner has no right to take the road as part of his prem. The owner also has no claim of title to the lands that lay on the north side of the road. It is this examiner opinion that the fee title to the beds of the street is held b the last owners of the subdivision. Being Thelma Dickinson and Virginia o ter. y recommendation would be for the association to get a Quitclaim deed from em or the interest of the streets. Mason Haas E EI E OCT 2 6 2016 Southold Town B a of Trus ee I a NY 018-Quitclaim Dred—individual or Corporation(Single Sheet)(NYBTU 8004) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD RE USED BY LAWYERS ONLY THIS INDENTURE,made the / day of AWE BETWEEN C%Z� I in the year 2009 VIRGINIA M.TOEDTER,as surviving spouse of Howard Toedter,residing at 1675 York Ave.,(apt.27B),New York,NY 10128 party of the first part,and 21 CEDAR BEACH PARK ASSOCIATION,with an address(no#)Cedar Beach Drive,(PO Box 409),Southold,New York 11971 and THE WEST LAKE ASSOCIATION,with an address c/o Peter Gunn,2145 Little Peconic Bay Lane,Southold,New York 11971 party of the second part, WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part,does hereby remise,release and quitclaim unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in the Roads known as Cedar Point Drive West,Cedar Point Drive East,Midway Road,West Lake Road,West Lake Drive,Cedar Point Drive,Lakeside Drive,Inlet Way,Cedar Beach Road, Orchard Lane,Breezy Path,Cedar View Road,Oak Wood Drive,South Bayview Road, and any other roads as shown on Subdivsion Map of Cedar Beach Park,Situate at Bayview,Town { of Southold,New York filed in the Office of the Clerk of the County of Suffolk on December 19, 1927 as map no.90. f : i � i i i TOGETHER with all right,title and interest,if any,of the party of the first partof,in and to any streets and roads abutting the above-described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part In and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the paof the second part,the heirs or successors and assigns of the party of the second part forever. rty AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied 1} first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the lk f i improvement before using any part of the total of the same for any other purpose.The word"party"shall be construed as Wit OCT2 6 2016 y read"parties"whenever the sense of this indenture so requires. 1 IN WITNESS WHERE,OI',the party of the first has duly executed this deed thc'.4ay_niid�,uaC_flriCall'ove written. s0dthdld 10`1411 1N PRESENCE OF.. ar of Trustees INIA M.TOEI)TERi1 0 - USEACK.%'P)Pigtj(;.i(&VrFoRmBELowwlTHINNEWyORKSTATEONLY.. USBACMVO'KILEDGMEIVTFORAYBELowwrrHAvNEwYoRKSTiTEONLy. State of New York,County of 131e,1 lae�C. )ss.: State of New York,County of [it lht�y'*2609 On the day of in the year -Mute-', before me,the undersigned.personally appeared 4- OR DT9 I i',O- pb 0 personally known to me or proved to me on the basis of satisfactory evidencp5it,qp_..3- no"I(Q36, the evidence to be the individual(s)whose name(s)is(are)subscribed to the Wit IIA alkZT241t 911111'�-4n"owle'd'01�16,1111e-1116V 11411'01bop cx,160 within instiument and acknowledged to me that helshe/they executed the s:une-lri, ac R A "'6 the same in lits/her/their capacity(ies), and that by his/her/their 111i4lurldie- li"N'y(6);,zir�d Am-' the:Pkrzxiikit�on I signature(s)on the instrument,the individual(s),or the person upon cl behalf of which the individual(s)acted,executed the instrument 6d 11it ;NaM-3538696-- CoatmisSiatYIi AcKivoinEDGmENTFORM FOR USE WITHINIVEW YORKSTATE ONLY: ACKNoWLEDGMENTFORmFoR USE OUTSIDENEW YORKSrATrONu.- [New Vbrk.O(��yr4itng WaneTrAcInowledgment Cerrifivatel j (Out ofStaie or rotrign GetteralAcknowledginear CerNflicalel State of New York,County of ss.: 1 ...................... ............................... SS.: year (Complete Venae with Stare,C6unti"Y'Province or Mionicipatit)) On the day of in the before me,the undersigned,personally appeared On the day of in the year before me,the undersigned,personally appeared the subscribing witness to the foregoing instrument,with whom I am personally acquainted,who,being by me duly swom,did depose and W say that helshelthey resides)in iSitiiiiu"lii�hiii5tyi pt �9�, " " I 'elx�'til ' .4!�):whL tiftrur(s),s(np-). ,-9 wiibcdto*'Ilu� dial (ifthe place ofresidence is in a city,Include the street andstreet number, aj`�acif ifany,thereoft that helshelthey know(s) rjf'tq -.. to be the individual described in and who executed the foregoing instrument;that said subscribing witness was present and saw said execute the same;and that said witness at the some time subscribed (Insert the city or other political subdivision and the stare or cozintry or his/her/their name(s)as a witness thereto. other place the ack7iowledgmenr was taken), QUITCLAIM DELD -TITLE No., DISTRICT SECTION BLOCK LOT TO COUNTYORToWN RECORDED AT REQUEST OF Mdelity National Title Insurance Company RETURN BY MAIL TO FIDELITY NATIONAL TITLE INSURANCE COMPANY INCORPORATED 1928 ae Fidelity HMrmMrNrwmH Stare Lnnd7ldrArrururrfun I, 0 0 FH 2 6 2016 OCTnr 0 Ito Southold'Ibyin oa Of Trustees >Lu in Uj CC#: C11-36323 COUNTY CLEWS OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK 80q Oct- LAS 1, JUDITH A.PASCALE,Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 0912912011 under Liber D00012672 and Page 643 and, that the same is a true copy thereof,and of the whole of such original. in Testimony Whereof,I have hereunto set my hand and affixed the seal of said County and Court this 09/29f2011 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL FID EvVaE E7 OCT 2 6 2016 Southold Town Bo rd of Trustees RECEIVED 11111111111111111111111.11111111111111111111111111111111 OCT 5 2000 ` i 11111111111111111111 IN BOARD OF APPEALS SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 09/29/2011 Number of Pages: 6 At: 09:47:08 AM Receipt Number : 11-0107616 LIBER: D00012672 PAGE: 643 District: Section: Block: Lot: 1000 090.00 02.00 001.000 ERMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $30.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.Copies $7.50 NO RPT $30.00 NO Fees Paid $107.50 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 7 D E C E V OCT 2 6 2016 Souti*6 Tom. --____�_...—X03"a(�f T�f�i�°',•.S _ to / RECORDED 2011 Seo 29 09:47:09 AM Number ofpages JUDITH N. PASCALE CLERK OF RECEIVED SUFFOLK Ca N*I`7 This document will be public L Do0o12E72 record.Please remove all P 643 Social Security Numbers OCT 5 2011 prior to recording. BOARD OF APPEALS Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax _ TP-584 Sub Total Notation Spec/Assit_ ' or EA-5217(County) Sub Total Spec./Add. EA-5217(State) , TOT.MTG.TAX qq�- - R.P.T.S.A l..l, oS Dual Town_Dual County Held for Appointment Comm.of Ed -5.-00 Transfer Tax Affidavitr °+ Mansion Tax Certified Copy !-� � The property covered by this mortgage is — or will be improved by a one or two NYS Surcharge 15. 00 />� family dwelling only. — Sub Total YES or NO Other r7'w Grand Total > If NO,see appropriate tax clause on page# of this instrument. 4 1 D' 3.000 09000 0200 001000 001.000 5 Community Preservation Fund Real er p T S Consideration Amount$- TaxSer R LPA A – Agen ' CPF Tax Due $ Verificz BSEP 11 ov ir' - - C �, • 6 Satisracnons/uischarges/Releases List Property Owners Mailing Address �-� t!-a _�� RECORD&RETURN TO: a ant Land �— D�} Suffolk Environmental Consulting,Inc. �� 6 2Q16 1 DD P.0 Box 2003 TO Bridgehampton,NY 11932 �uu:hu!U ;Owl ar of Trus ees Mad to:Judith A Pascale,Suffolk County Clerk 7- Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# 8 Suffolk Countg,Re'cording,c& Endorsement Page- This ;a .eThis page forms part of the attached Declaration of Covenants and Restrictions made by- (SPECIFY TYPE OF INSTRUMENT) SIM MOY The premises herein is situated in 106 MULBERRY CORPORATION SUFFOLKCOUNTY,NEWYORK. TO In the TOWN of SOUTHOLD TOWN OF SO THOLD' In the VILLAGE ZONING BOARD-OF APPEALS or HAMLET of__ SOUTHOLD BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. -over " DEC,LARATION,OF.COVENANTS AND RESTRICTIONS, rn THISDECLARATIONis made and dated the La day of January,2011 by SIM MOY,an individual having an address at 106 Mulberry Street, New York,New York 10013,and 106 MULBERRY CORPORATION,a domestic business corporation with offices at 8 8 Mulberry Street,New York,New York 10013(hereinafter collectively"Declarant") WITNESSETH: WHEREAS,Declarants is the owner of a parcel of certain real property known as 750 West Lake Drive,Hamlet of Bayview,Town of Southold,County of Suffolk,State ofNew York identified on the Suffolk County Land and Tax Map as District 1000,Section 90,Block 2,Lot(s)1 and more particularly described on'Schedule'Ilk annexed hereto and made a part hereof(the "Premises");and WHEREAS,the westerly lot line of the Premises measures ninety-nine and 531100 (99.53)feet along a wooden bulkhead on the Dug Inlet(the`Bulkhead"),which adjoins West Lake to Little Peconic Bay;and WHEREAS,Declarants has heretofore applied to the Zoning Board of Appeals of the Town of Southold,County of Suffolk and State of New York(hereinafter the"Zoning Board of Appeals")for area variances from Article 23,§280-124&280-116 of the Zoning Code of the Town of Southold for the Premises;and WHEREAS,by Findings,Deliberations and Determination of the Zoning Board of Appeals approved for filing on October 12,2010,based upon the testimony,documentation,personal inspection of the Premises and other evidence,said application for area variances was approved on the condition, inter alia, that Declarant files Covenants and Restrictions on the Premises; and5711 Sm _ RECEIVED nD. 04 E I�f E OCT 5 2011 R, BOARD OF APPEALS j OCT 2 6 2016 Southold lown F ar Ol Trus 'e t2 r WHEREAS,for and in consideration of the granting of said approval,the Zoning Board of Appeals has deemed it in the best interests of the Town of Southold that the within Covenants and Restrictions be imposed on the Premises and said Zoning Board of Appeals has required that the within Declaration be filed in the Suffolk County Clerk's Office;and WHEREAS,the Declarant has considered the foregoing and has determined that the same will be for the best interests of the Declarant and subsequent owners of the property; NOW,THEREEOR ,, WITIVES�ETF7: THAT the Declarant,does hereby covenant and agree that the said Premises herein described shall hereafter be subject to the Covenants and Restrictions as herein cited,which shall run with the land and shall be binding upon all purchasers and holders of said lots,their heirs, executors,legal representatives,distributees,successors and assigns,to wit:that the owner of the Premises maintain said Bulkhead(but shall not be obligated to dredge or maintain the Dug Inlet). If any section,subsection,paragraph,clause,phrase or provision ofthese Covenants and Restrictions shall,by a Court of competent jurisdiction,be adjudged illegal,unlawful,invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal,unlawful,invalid or unconstitutional. The aforementioned Covenants and Restrictions are intended for the benefit of and shall be enforceable by the Town of Southold,State of New York,by injunctive relief or by any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability. .5,� Sur a p C ��,� c ECEIVED OCT 5 2011 �J OCT 2 6 2016 BOARD OF APPEALS Southold Iva 0oard of Trustees whatsoever upon the Town of Southold or any office or employee thereof. The within Covenants and Restrictions shall run with the land and shall be binding upon the Declarant and its successors and assigns,and upon all persons or entities claiming under them,and may not be annulled,waived,changed,modified,terminated,revoked or amended by subsequent owners of the Premises unless and until approved the Zoning Board of Appeals of the Town of Southold,or its successor,following a public hearing. IN WITNESS WHEREOF,the Declarant have caused this instrument to be executed the day and year first written above. STM MOY 106 MULBERRY CORPORATION By: Name: STUART Y Title: Presiden STATE OF NEW YORK,COUNTY OF 11 ss.: On the&Ufh day of January,in the year 2011,before me,the undersigned,a Notary Public in and for said State,personally appeared SIM MOY, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. FLING KAM LM'., NOTARY PlE3UC,STAIE bF NEW Yft QUAIlFIgo IN FjNG COUNt'Y REG:#OtFtl62215$I sN COMM.E)P.OW4261_4 t RECEIVED OCT 2 6 2016 OCT 2011 BOARD OF APPEALS Sout 10, io,iin a of Tru•ee STATE OF NEW YORK,COUNTY OF ss.e On thday of January in the year 2011 before me,the undersigned,a Notary Public in and for said State,personally appeared STUART MOY personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed,to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted, executed the instrument. No , �.ullic. FUNG KARLIN NOTARY PUBUX8WEOFNEWYORKi QUAUFIEUIN VJNG,COl1M y REG:#OtFU6222531 MY COMM.EXP.05!2412014 E g- ►F l =, �3� OCT 2 6 2016 4 RECEIVED ------- OCT 5 2011 Southall 7ayvn B ar f Trustee BOARD OF APPEALS RECEIVED OCT 5 2011 LS BOARD OF APPEAs SCHEDULE_A, �� J SCTM No. 1000-90-2-1 `� ALL that certain plot,piece or parcel of land,lying and being in the Town of Southold, County of Suffolk and State of New York,particularly identified as Lot Numbered 119 on a certain Map entitled"Subdivision Map of Cedar Beach Park"and filed in the offices of the Suffolk County Clerk as Map No.90. CE I OCT 2 6 2016 Suutli;�id 7a;�n E ar v.lrus ees 78 ZBA Town of Southold _ June 30, 2010 1 to be at the microphone. 2 Well, I believe there was some concern in 3 that letter expressed to the fact that if any 4 damage to the bulkhead was undertaken during 5 the construction of the proposed residence 6 that the Moys would be responsible for 7 repairs. 8 MR. ROSENBERG: Yes and they certainly , 9 have a -- ! 10 CHAIRPERSON WEISMAN: That was the 11 request of the Association. 12 MR. ROSENBERG: Right. 13 CHAIRPERSON WEISMAN: How does your 14 applicant feel about that? 15 MR. ROSENBERG: We have no problem with 16 that. In fact, as a matter of fact, we have 17 been doing that all along because we are there 18 and we see it and we've always maintained it 19 and we'll continue to do so. 20 MEMBER DINIZIO: But who is really 21 responsible for, you know, that peninsula and 22 the bulkhead itself? I mean is it the 23 property owner or is it the Property Owner's 24 Association? 2.5 MR. ROSENBERG: I know the Association ® n I Pugliese Court Reporting and Transcription Service (631) 878-8355 OCT 2 6 2016 Southold Torn Boa!Aoffrut.ees 79 ZBA Town of Southold = June 30, 2010 ' 1 has maintained the dredging of the inlet. I 2 know that, but if the bulkhead is on our ! 3 property, then Mr. Moy is -- okay, so it' s on 4 the applicant's property and we would be 5 responsible for -- 6 MEMBER DINIZIO: On all three sides? i 7 MR. ROSENBERG: Uh -- 8 MEMBER GOEHRINGER: Two sides. 9 MR. ROSENBERG: No, Peconic Bay side and 10 the inlet side. i 11 MEMBER DINIZIO: Right. 12 MR. ROSENBERG: The north that actually t 13 fronts on West Lake, I don't think that's 14 within our -- I don' t think that's actually E 15 our property. That's beyond -- outside of our 16 property line. 17 MEMBER DINIZIO: But that's where the 18 right of way is going, I mean that' s where 19 your driveway is going? 20 MR. ROSENBERG: No. The driveway is 21 actually coming off the right of way. 22 MEMBER DINIZIO: Yeah, but I mean if 23 that' s -- it's going to be closest to the 24 bulkhead upon which you have no -- MR. ROSENBERG: No, no. Actually, Mr. D EV � D D Pugliese Court Reporting and Transcription Service (631) 878-8355 OCT 2 6 2016 , Southold Ta,vn a f Tru ee 80 ZBA Town of Southold '-- June 30, 2010 1 Dinizio, if you look at it, if you look at it 2 that bulkhead is (inaudible) . 3 MEMBER DINIZIO: Okay. 1 4 CHAIRPERSON WEISMAN: Okay, yeah. 5 MR. ROSENBERG: The one that I think 6 we're concerned about is the inlet. 7 CHAIRPERSON WEISMAN: So the inlet 8 bulkhead is owned and maintained by the 9 property owner? ! 10 MR. ROSENBERG: The applicant. 11 CHAIRPERSON WEISMAN; The applicant, 12 right, as would be that portion along Peconic 13 Bay that is running along the subject 14 property? 15 MR. ROSENBERG: Correct. 16 CHAIRPERSON WEISMAN: Whereas the West I 17 Lake bulkhead is -- the Association is 18 responsible for that. 19 MR. ROSENBERG: I .would think so. I'm 20 not sure who actually owns that, but that -- 21 CHAIRPERSON WEISMAN: That goes along 22 that and is actually parallel to the easement 23 that the Association has the right to. 24 MR. ROSENBERG: Correct. A right of way. CHAIRPERSON WEISMAN: Right of way. InRn t 1, ai'9V! i� Pugliese Court Reporting and Transcription Service 6 2016 2 (631) 878-8355 ;dTownof Trus ee 81 ZBA Town of Southold - June 30, 2010 { 1 MEMBER HORNING: May I ask a question on 2 that also? 3 CHAIRPERSON WEISMAN: Yes. 4 MEMBER HORNING: I would ask the attorney 5 for clarification on the maintenance of the 6 right of way then also, besides the driveway. 7 Your applicant will maintain his driveway, ; 8 will build a driveway. Who is actually 9 responsible for the 280 access and the right 10 of way? 11 MR. ROSENBERG: The applicant will i 12 maintain any part of the right of way adjacent 13 to its premises as of now Mr. Moy does on the 14 part that' s adjacent to his premises. 15 MEMBER HORNING: Does anybody know if 16 this Association has any responsibility 17 regarding the maintenance of the right of way? 18 That's my question. 19 CHAIRPERSON WEISMAN: Mr. Gunn can -- 20 MR. GUNN: Okay, a little history here. 21 These are all roads in there, in the entire 22 subdivision of Cedar Beach Park so if you look 23 at your drawing and look at the West Lake 24 Drive where it ends at the dug inlet, that is 25 the corner of the Moy property. The DPugliese Court Reporting and Transcription Service (631) 878-8355 OCT 2 6 2016 Southold Tovrn B a f Trudge 82 ZBA Town of Southold �-' June 30, 2010 1 bulkheading that goes beyond that on -- yeah, 2 that goes beyond that and sticks out into West 3 Lake and goes easterly, is part of the Cedar 4 Beach Park right of way. 5 CHAIRPERSON WEISMAN: And it's going to i 6 change -- 7 MR. GUNN: In other words, we have other 8 bulkheading within this Cedar Beach Park. 9 CHAIRPERSON WEISMAN: I understand. Now, 10 is that maintained by the Cedar Beach Park? 11 MR. GUNN: There has never been any need 12 to maintain it. 13 CHAIRPERSON WEISMAN: If it fails who 14 would be responsible for repairs? 15 MR. GUNN: We are, yes. 16 CHAIRPERSON WEISMAN: The Association. 17 MR. GUNN: Yes. 18 CHAIRPERSON WEISMAN: Okay, that's all we 19 need to understand. 20 MR. GUNN: Yes. 21 CHAIRPERSON WEISMAN: Okay. 22 MEMBER HORNING: And the right of way, 23 who's responsible to maintain the right of 24 way? a 2:5- MR. GUNN: Over the years Mr. Moy has „ � � �� it ��i•� �? D ---- Pugliese Court Reporting and Transcription Service OCT 2 6 2016 �D (631) 878-835 5 Southold loun arJ of Truste 83 ZBA Town of Southold = June 30, 2010 1 kind of -- because nobody was using it -- 2 incorporated it into his front yard and 3 maintained it, a grass area, and up until -- 4 in fact, he's planted some trees they're 5 partly on the right of way, they're partly on 6 his property. 7 CHAIRPERSON WEISMAN: But you've heard -- E 8 you've heard testimony here. 9 MR. GUNN: Yes. 10 CHAIRPERSON WEISMAN: And we can 11 condition any relief we grant with the fact ' 12 that the Moys have indicated that they will 13 continue to maintain unobstructed access to 14 that right of way to anyone whose rights are 15 involved. 16 MR. GUNN: Exactly. 17 CHAIRPERSON WEISMAN: Okay and as long as 18 that continues to be the case, that should 19 resolve the problem. 20 MR. GUNN: Yes, it does. 21 CHAIRPERSON WEISMAN: Okay. Is there 22 anyone else here who has questions on the 23 Board and would like to speak to this? 24 Okay, please come forward and please 25 address those things that we have not yet ` EF� I � �f9 '�? 9 Pugliese Court Reporting and Transcription Service (631) 878-8355 OCT 2 6 2016 Southold Tovin - Boar"','Trustees PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel (631)765-4330 Fax'(631)765-4643 October 19, 2016 hand delivered Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: WEST LAKE ASSOCIATION Dear President Bredemeyer and members : Per my discussion with the Trustees, enclosed is an alternate de-watering site for the Town' s pick up of the sand. Please make this part of our file. Thank you. Very r ly yours, P ricia C. Moore k PCM/bp Enclosures EU �V E OCT 19 2016 outhold Town Biro of Trustee 1 OCT 1 s 716 !' Outhofd Towtt f Tri-lees r ---�-- -- _._ . ©ATE: - WAST LAKE A68OCIATIQN- A Maintenance dr d in o. nddarmatering, :. _ WAST LAKE DRIVE Q -INATE 4NG_FORy° 'HIGHWAY ®ERT. Pick up of sand r CHORNO ASSOCIATES architects. SOMOLD,NEW YORK r r PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel;(631)765-4330 Fax%(631)765-4643 October 13, 2016 via email & hand delivered Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: WEST LAKE ASSOCIATION Dear President Bredemeyer_ and members: With reference to the above, enclosed please find a letter from Stony Brook University' s School of Marine & Atmospheric Sciences and Westlake' s Restoration Plan. Please make these part of our file in support of our application. Thank you. Very truly yours, cia C. Moore PCM/bp Enclosures p ECEIVE OCT 13 2016 Southold Town Stony Brodi Ura Henry J.Bokuniew►iea,Professor of oceanography School of Marine and Atmospheric Sciences Stony Brook University Stony Brook,NY 11794-5000 TEL:631.63Z8674 FAX:631,632,8820 henry,bokurkleWl Q*Vb, t t edu EE I V E May 31,2016 David Schab OCT 1 3 2016 c/o Alvin Schein West Lake Association 2145 Little Peconic Bay Lane ld Tot o rd ofTo Southold,NY 11971 a Dear Mr. Schab: I congratulate you and the West Lake Association for your commitment to the restoration of West Lake, ' There is no substitute for direct and continuous observation and the action items you embrace to ensure tidal exchange,manage erosion,reduce pollution and control invasive species will sustain a rich and healthy ecosystem in West Lake. Maintaining a good tidal exchange through the inlet is critical,,As you realize, it will need to be dredged to control shoaling. The frequency of dredging can be reduced if you are vigilant to the shoreline conditions outside the inlet both to the east and west. Recognize tha1l because of the orientation of the shoreline,sands that shoal the channel can come as easily from the east as well as from the west. The dedication of the community to sound environmental principals like yours has proven to tn :e all the difference. I am delighted that I could be of some service to this important initiative. If I can be of further help,please don't hesitate to contact me. Distinguished Service Professor of Oceanography Wed WestLakeivlay2016 e ' p ECEIVE West Lake Association OCT 1 3 2016 2145 Little Peconic Bay Lane Southold, NY 11971 Southoldlown figard of Trustes-- A RESTORATION PLAN FOR WEST LAKE May 15,2016 We are committed to the improvement of the overall ecological health of West Lake by: Maintaining tidal exchange Managing nutrient inputs ® Controlling erosion and runoff Enhancing native vegetation and inhibiting invasive plant species West Lake is a salt-water embayment connected to the ocean. Prior to dredging in June, 2014, West Lake suffered considerable environmental degradation.Dr.Henry Bokuniewicz of Stony Brook University's School of Marine and Atmospheric Scietis-. inspected the site on April 2, 2014 and again on August 27,2015. This plan has been developed in consultation with Dr. Bokuniewicz,Distinguished Service Professor of Oceanography in the School of Marine and Atmospheric Sciences at Stony Brook University. Tidal flushing is critical to maintain water quality. The amount of tide water passing through the inlet however is inconsistently sufficient to keep the inlet open. In this situation, it is susceptible to being closed by any excess shoaling.Erosion control at ibe shoreline and periodic dredging is required to maintain a sufficient tidal exchange. Over the past five to six decades,dramatic changes to the collection of jetties and bulkheads protecting the inlet,the installation of a groin on the northeast end of the inlet, and a narrowing of the width of the inlet have also contributed to shoaling.These cWmges have further accelerated the need for dredging. Bacteria mats, apparently of Cyanobacteria,were observed on the Lake floor prior to dredging in June, 2014, suggestive of insufficient flushing away of nitrates.Folloixig, dredging,these mats disappeared. The combination of obstructed tidal flow and anthropogenic sources of nitrate from septic seepage,as well as runoff from roads and- lawns,have contributed to degradation of the Lake's water quality. On-site septic systems have historically been identified as a major source of nitrogen pollution of both groundwater and surface water,but conventional on-site wastewater treatment sys!+ must be well maintained to remain efficient. In addition, a number of advanced, alternative on-site systems may be available to treat household wastewater event rn(,) , effectively. Most home lawns on Long Island require no more than 3 pounds of nitgen per 1,000 square feet per year. Above that amount, leaches nitrate into the groundwater, which makes it way to the nearest water body. Waterfowl and domestic animals around the Lake are other nutrient sources that can be subjected to some degree of control. In addition to maintaining a healthy tidal exchange, measures to reduce and control sediment sources at the shoreline are important. Where erosion control structures,like bulkheads and groins exist, it is critical that they be properly maintained. Along the rest of the open shoreline of the Lake, living shoreline strategies should be employed to both control erosion and improve water quality.A shoreline buffer of native vegetation also would also provide the ecological benefits of enhanced animal habitat and greater biodiversity. The occurrence of Phragmites austrahs,an invasive Eurasian sub-species that has replaced the native North American plants, is indicative of ecological degradation.It negatively impacts ecosystem diversity.Phragmites thrives in fresh and brackish waters; its growth is inhibited when salinities exceed 18 parts per thousand. Open tidal connection with Peconic Bay can keep the Lake salinities high,which is essential to control of this invasive species. Nutrient enrichment also promotes the spread of Phragmites, so control of nutrient sources will also help. Notably, following the t . *. in June,2014,native Spartina were observed to have rebounded in the Lake,indi atin� improved salinity. GOALS AND ACTION ITEMS West Lake Association's Restoration Plan adopts the following goals and tactics: • In order to maintain the free and open connection between the lake and the ocean to allow natural flushing and to maintain salinity, the inlet will be monitored and routine dredging encouraged as needed.We encourage: o Maintenance of bulkheads controlling erosion along the inlet channel. o Maintenance and restoration of shoreline jetties to better control the alongshore transport of sand which causes shoaling. o Regular dredging to a profile of maximally-tolerated clearance • In order to reduce excess nutrient loading into the lake, the West Lake Association encourages: o Frequent maintenance of septic systems to keep them in good%vorking, order. o Minimizing fertilizer use and the use of organic fertilizers when appropriate.. o Controlling of domestic animals and water fowl. (Do not feed the geese and pick up after pets). o Consideration of the installation of more efficient septic systems Nv*. failing systems need to be replaced. o Avoiding other potential contaminants such as weed killers;herbicides -and pesticides,and minimizing their use when needed. p ECEIE OCT 1 3 2016 Southold Town � 1 r o Reducing the need for irrigation by planting native species and drought tolerant species where possible. • In order to reduce both erosion and surface runoff into the lake,The West Lake Association encourages: : o Maintaining existing natural and structural erosion controls,such as bulkheads,in good order. o Controlling storm-water runoff by terracing,the use of catch basins, employing buffers of natural vegetation and other measures. o Sand management by shoreline structures on the Bay shoreline outside the inlet to control excessive shoaling in the inlet itself. o Minimizing lawn sprinkling,high-efficiency irrigation systems • In order to promote native species,the West Lake association encourages o Efforts to control Phragmites. o Education of the community on permit application and methods of eradication(chemical and mechanical) o Consideration of replanting with native wetland species o Collaborating with SPAT on both eelgrass restoration and shellfish restoration in the Lake. o Maintenance of conditions for DEC shellfish certification • The West Lake Association will meet annually to review these goals, monitor. changes and document conditions to insure that: o Bulkheads are maintained in good order. o Efforts at controlling storm-water runoff,through the use of terracing, catch basins and other measures, are being considered o Planting of natural vegetation buffers is being considered along the lake shore. o Shoreline structures on the Bay shoreline outside the inlet are being optimized to control excessive shoaling in the inlet itself. o Lawn sprinkling is minimized to the extent reasonable. o Salinity and other metrics are observed. p E C E I IV E FOCT 1 3 2016 Southold]own Board of Tr e OFFICE LOCATION: �q ® y® MAILING ADDRESS: Town Hall Annex �® �® P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) P Southold, NY 11971 7:r1htz Telephone: 631 765=1938 c® � a Fax: 631765-3136 U , `L" LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: John Bredemeyer, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Date: October 12, 2016 Re: LWRP Coastal Consistency Review for WEST LAKE ASSOCIATION, INC SCTM# 1000-90-1-11 Patricia C. Moore, Esq. on behalf of WEST LAKE ASSOCIATION, INC. requests'a Wetland Permit for a Ten (10) Year Maintenance Permit to maintenance dredge the entrance channel and a portion of the adjoining West Lake to'a depth of-3' mean low water; approximately 95 cubic yards of dredge spoil to be removed, and temporarily diked and placed within the upland portion of the property located at 250 Midway Road for de-watering prior to removal of the material to an' approved upland source. Located: WestLake Channel, Southold. SCTM# 1000-90-1-11 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the action is CONSISTENT with the below listed Policy Standards and therefore is CONSISTENT with LWRP provided: 1. To further Policy 6, require the installation of a silt boom during dredging operations. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Peter Young,Chairman y Town Hall,53095 Main Rd. Lauren Standish,Secretary P.O.Box 1179 Southold,NY 11971 �''f/ � Telephone(631)765-1892 Fax(631)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., October 12, 2016 the following recommendation was made: Moved by Jack McGreevy, seconded by John 'Stein, it was RESOLVED to NOT SUPPORT the application of WEST LAKE ASSOC. for a Ten-Year Maintenance Permit to dredge the entrance channel and a portion of the adjoining West Lake to a depth of 4 mean lowwater. Locate the 95 cy. of material to the diked (bermed) upland portion of the property at 250 Midway Road (SCTM#90-1-9) for de-watering prior to removal of the material to an approved upland location. Located: West Lake Channel, Southold. SCTM#90-1-11 Inspected by: Peter Young The CAC does Not Support the application because there is no mention of the environmental impacts the Town dredge spoil will have on the wetland area, consistent with the CAC's recommendation of August 15, 2012. Vote of Council: Ayes: All ' Motion Carried *1'soUTi� Town Hall Annex John M.Bredemeyer III,President 54375 Main Road Michael J.Domino,Vice-President x P.O.Box 1179 James F.King,Trustee Nv �LPF Southold,New York 11971-0959 Dave Bergen,Trustee Telephone(631)765-1892 Charles J.Sanders,Trustee " ` �\ �` �QUIdn��� Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application G O yam- Wetland Permit Application . �/��rtt k4fOlrp& >ecl fm,% Administrative Permit _Amendment/Transtffiete tion Received Application:_ i�;l�. Received Fee:$ ���d®® _Completed Application:. 11ZOilto2 p© Incomplete: _ L J E C L� 1'� E _SEQRA Classificat' n: V Type I Type II _ Unlisted Coordination:(date sent): /D,Til& SEP 1 6 2016 —LW"Consistency A e asment Forin: CAC Referral Sent: ' s [ Date of Inspection: < Southold Town f! _Receipt of CAC Report. BoarA of Trustees J _Lead Agency Determination: Technical Review: ' Public Hearing Held: < < Resolution: Name of Applicant: W9s f1Q, _ Mailing Address: n S��e in 1 q S LI Q Pe cd/I i G L � � . Phone Number: Suffolk County Tax Map Number: 1000- Property Location: �Q 1 a k-e. 02a ll d el SD X� ,0 41 (provide LILCO Pole#,distance-to cross streets, and location) AGENT: (If applicable) Address: S-t 0?-0 I)IIall'7 rz-' Oadlhold I Soa�L IV l 7l_ Phone: 6l(_'_�(� ��" 1/� PROJECT DESCRIPTION WEST LAKE ASSOCIATION, INC. PROPOSED MAINTENANCE DREDGING OF WEST LAKE CANAL TO - 3ALW WHICH SHOULD GENERATE (@95 CY) Maintenance dredge the entrance channel and a portion of the adjoining West Lake to a depth of-3 mean low water. Locate the 95 CY of material to the diked (bermed) upland portion of the property at 250 Midway Road (SCTM#1000-90-1- 9) for de-watering prior to removal of the material to an approved upland location. Material offered to Southold Highway Department for road-end beach re- nourishment. i Board of Trustees Application GENERAL DATA Land Area(in square feet): Area Zoning: /,M.tMP 4 Previous use of property: .? - da p Intended use of property: Covenants and Restrictions on property? Yes X No If"Yes",please provide a copy. Will this project require a Building Permit as per Town Code? Yes - No If"Yes",be advised this application will be reviewed by the Building Dept.prior to a Board of Trustee review and Elevation Plans will be required. Does this project require a variance from the Zoning Board of Appeals? Yes No If"Yes",please provide copy of decision. Will this project require any demolition as per Town Code or as determined by the Building Dept.? .-,Yes X -No Does the structures on property have a valid Certificate of Occupancy? 'P Yes No ( ) p P Y Prior permits/approvals for site improvements: Agency Date No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? No Yes If yes,provide explanation: Project Description(use attachments if necessary):_ v cam?c f0 / Mal'rd �O %moi 01 .,( tia "`616.61. h WaqoCi�`f P� .6'00d end L4a�h f Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Q in e- Oleo Za IGr eq%aane Area of wetlands on lot: 06217 7PJ square feet Percent coverage of lot: ® . % Closest distance bet3yeen nearest existing structure and upland edge of wetlands: feet Closest distance between nearest proposed structure and upland edge of wetlands: =feet Does the project involve excavation or filling? No V_ Yes If yes,how much material will be excavated? @_ 300 _ ,cubic yards How much material will be filled? _ ._ _ �_ _ cubic yards Depth of which material will be removed or deposited:? - feet Proposed slope throughout the area of operations: ,6PStManner in which material will be removed or deposited: 7,6P- Statement atement 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): 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part I -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification.. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project anif Sponsor Information Name of Action orrPAro,�ect: lM�sf- -=iced __. S0c,al-, i _ Project Location(describe,and attach a location map): SMP 5� �as e Brief Description of Proposed Action':, dmdqe { -Name of Applicant or Sponsor: � Telephone• c �C pQnp Wes Z.K� /456doa,47&.,-g E-Mail: Address: City/PO: State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that o ` may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO O_ YES If Yes,list agency(s)name and permit or approval: 3:a.Total acreage of the site of-the proposed action? rD% acres b.Total acreage to be physically disturbed? _.( / __ acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? a O% acres 4. Check Al land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ,❑, Industrial ❑Commercial esidential(suburban) ❑Forest ❑Agriculture dAquatie ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? 1111 b.Consistent with the adopted comprehensive plan? ❑ 10 ❑ j 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO ' 'YES If Yes,identify,: a 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO J; 1 YES M,. ❑ ' b.Are public transportation service(s)available at or near the site of the proposed action? /A c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action ❑ 9.Does the proposed action meet or exceed the state energy code requirements? NO ' YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO_ YES.. If No,describe method for providing potable water:_ 11.Will the proposed action connect to existing wastewater utilities? nn NO YES{ If No,describe method for providing wastewater treatment: /114 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic 'NO YES Places? n f/� "I'D 'i❑ b.Is the proposed action located in an archeological sensitive area? v ❑ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NOYES wetlands or other waterbodies regulated by a federal,state or local agency? }❑ 11 b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ If Yes,identify the wetland or wa erbody and extent of alterations in square feet or acres:, we 51f I-ake are fwlofvwd 14. Ideptify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? El j 16.Is the project site located in the 100 year flood plain? Q12f_ ,e 'NO YES �/ i 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO ;! YES If Yes, a.Will storm water discharges flow to adjacent properties? ['NO E]YES` (/ - ❑ b.Will storm water discharges be directed to established conveyance systems(Luno and storm drains If Yes,briefly describe: O AYES !4' Page 2 of 4 18.Does the proposed action include construction or other activities that result id the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: rI 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES" completed)for hazardous waste? If Yes,describer -- I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE �7 Applicant/sponser e: ___ c6e a C._ Date: �1, Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the_following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,o'r Mod "crate small to large impact impact may may occur occur_ I.: Will the proposed action create a material conflict with an-adopted land use plait or zoning regulations? ' 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? -® 4. Will the proposed action have an impact on the environmental characteristics that caused the a establishment of a Critical Environmental Area(CEA)? S. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? - b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, a architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 f No,or Moderate 1 small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. U Check this box if you have determined,based on the information and analysis above;and any supporting dociniientation, lJ that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. 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. Town of Southold-Board of Trustees Nance of Leaq Agency / ate ` — - b 1tn�Yl �v President Print or Type Name of Respon I Of cer in Lead Agency Title of Responsible Officer Signatu of Responsibl Ic r in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT Page 4 of 4 John M. Bredemeyer Ai,`rPresident otiasu �xoo�a Town Hall Annex Micihael J Domino, Vice-President '_$ �� 54375 Route 25 Glenn Goldsmith y ,? P.O. Box 1179 A. Nicholas KrupskiQ Southold, NY 11971 Charles J. Sanders 41 ��®t� Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of WEST LAKE ASSOCIATION,INC. COUNTY OF SUFFOLK STATE OF NEW YORK AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS INPLACE FOR AT LEAST SEVEN DAYS PRIOR TO THE PUBLIC HEARING DATE residing at/dba I being duly sworn, depose and say: That on the\ day of , 201U, I personally posted the property known as 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, October 19, 2016. Dated: G (sign e) (JA-TC( vi,fv L Ft c �— Sworn to before me this ` day o(DC —20 \Q otary Pub BETSY A.PERKINS Notary Public,State of New York No.01 PE6130636 Oualified_in Suffolk Cou Commissioo>l`xpires,Jyly 1,8, BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF WESTLAKE ASSOCIATION MAILING Applicant's Land Identified as 1000-90-1-11 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Betsy Perkins, residing at Mattituck, New York, being duly sworn, depose and say that: On the 6T" day of October 2016 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the neighbors on the attached list. Attached hereto is the white receipt st-marked by th outhold Post Office on said date. etsy Perkin ignature) Sworn to before me this day of October, 2016 (Notary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4882528 Qualified in Suffolk County Commission Expires June 3, 9 PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. r` I RECEIPT RECEIPT RECEIPT 214 7901 5002 8200 0098 50 RECEIPT RECEIPT 214790150028z0000ssa3 FROM: 214 7901 5002 8200 009812 214 7901 5002 8200 0098 29 214 7901 5002 8200 0098 36 , oore Law OIfice FROM: FROM: FROM: FROM' oore Law Office E We trustees oore Law Office oore Law Office Aoore Law Office E Westlake trustees E wesllake trustees E Westlake trustees RE Westlake trustees SEND TO. 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HLOMO&ALICE WEINBERG JOSEPH ZEVITS&OTHERS LVIN SCHEIN 0 ORCHARD FARM ROAD SEND TO' ROCKLEDGE RD ROGALSKI FAMILY REV LVG TR 166 E 96TH STREET ORT WASHINGTON NY 11050 OBERT L HOLLIS ONTVILLE NJ 07045 PO BOX 926 NEW YORK NY 10128 THELEEN GIRANDOLA SOUTHOLD NY 11971 20 BURNS STREET FE DIREST HI � �.� 1 7 FEES' �� 7 os Sao FEES: 5 I �� E FE Ila p osta s?1 ��pp " Postage <1 v 465 e ifye l�> 27 /� 0 Cert Post gei/ . a€¢' �0 46 Certrf ac °�3 e n e p; �O ! o ta$ 5 ,: �Y 30 Certi i eey ` e 30 N`+r Fee,it 8AP-r �� 0 t 3 Retu pt`: t`c� 2 7 e 1r�c1 ,Fv Pd 7 a Ret ceipt "0 2i7„0 Rest i 6Y..0` ` t eei t 2 g®;VIVI'lf;u �' Rest 1 t: .b A ;;y.� �t i �G ryf N' T t CJ $,P.4 � �$ ./ TO AlI CU ,6:4 �� T �$6.465 P d tea,,,;AT PO �Rk,OR'D PO ��ARICOR,%D :�, �'n;cad” POS K.� 'DA' ® _ ra"t _ .� POS tK'0 •_ K l� RECEIPT RECEIPT 214 7901 5002 8200 0099 28 RECEIPT 214 7901 5002 8200 0099 04 FROM 214 7901 5002 8200 0099 11 oore Law Office FROM FROM. E westlake trustees oore Law Office oore Law Office E westlake trustees E westlake trustees SEND TO. %NNE SOWINSKI SEND TO' SEND TO.. ARAH HERMAN IM MOY' T 7 8 SNEDECOR AVE ERBERT&MARELLA GREENFIEL 06 MU T INDENHURST NY 11757 06 W 38TH STREET,RM 1101 EW EW YORK NY 10018 //''y FE 119 1I 9 ®sof%,' o a ,✓l ;, �65 FEES yy;' F 046 pE ��%� 0 0sta9 /✓ 0 ass ed' 2 0 ertifie f �Q33gVe F' etur L `® � ,: eturn 1,:. �9 276•,/,` estncRestri } TOTAL' 65 P TOl POSTMARK OR DATE "'= POSTMA K O,. R'DAT- ,NUTILt Uim Ht: A 'RING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Southold Town Board of Trustees at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: WEST LAKE ASSOCIATION, INC. SUBJECT OF PUBLIC HEARING : For a Wetland Permit for a Ten (10) Year Maintenance Permit to maintenance dredge the entrance channel and a portion of the adjoining West Lake to a depth of -3' mean low water; approximately 95 cubic yards of dredge spoil to be removed, and temporarily diked and placed within the upland portion of the property located at 250 Midway Road for de-watering prior to removal of the material to an approved upland source. Located: West Lake Channel, Southold. SCTM# 1000-90-1-11 TIME & DATE OF PUBLIC HEARING : Wednesday, October 19, 2016 — at or about 5:30P. M . If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 r Board of Trustees Application AFFIDAVIT,- .. BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS)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 - BOARD OF 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,INCLUDING THE CONSERVATION,ADVISORY COUNCIL,TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH THIS APPLICATION, INCLUDING A FINAL INSPECTION. I FURTHER AUTHORIZE THE BOARD OF TRUSTEES TO ENTER ONTO MY PROPERTY AND AS REQUIRED TO o { M , COMPLIANCE WITH ANY CONDITION OF ANY WETLAND OR COASTAL EROSION PERMIT ISSUED BY THE OVTRUSTEES DURING THE TERM OF THE PERMIT. � r Signature of Property ner SWORN TO BEFORE ME THI5_ DAY OF 20-/ 20./�O I,VAN HUI D NOTARY PUBUC,STATE OF NEW YORK NO. 02HU6337211 QUALIFIED IN KINGS COUNT MY COMMISSION EXPIRES F� , 020_ � Notary Public Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) residing at ��!� (print name of owner of property) (mailing address) do hereby authorize,- (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. af Ownei'signature) APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM -The Town of Southold's Code of Ethics Drohibits conflicts of interest on•the part of town officers and emolovees.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 nececsary to avoid came- I ^� YOUR NAME : �� �S�t f. ab -(Last name,first naive;middle initial,unless you are applying in the name df someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone`7- Coastal Erosion Approval of Plat . Mooring Otheraetivi µ ( ty) -_-_ _.. _...... Planning 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 oaf(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the 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 that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) 13)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a'cai"l ratkii) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this Clay ofJl'4 20. Signature Print Name APPLICANiZlCiit�PRESENTATI VE TRANSACTIONAL DISCLOSURE FORM The Town'ofi5outhold's Code of Ethics prohibits conflicts of mierest on the Hart"of town offlceisand.emnlovees:.77ie�urnose of, of t iS'fo`nn.is'to"rovideinforinationwfiiah_aanµalertthe,town: ssihleconflicts:ofmtetestanda[low�ittotakewhateveractionas necessary to avoid same. YOUR NAME: c �a_le i C .�; (Last name,first name,jpiddle initial,unless you are ipplying in themame 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 peisoniilly,(or-;tltirotigh`your,compjny;spousesi6,1ing;pa"nent,'or'child)have a relationship with any officer or employee of the Towir of Southold? 'tRetutionship"includes by.blood,marriage;or business i'vterest,"Business interest'means a business, including,i,p­­Southold? -is.if,.htwhich il►c town-'oftice�:or employee:tics dvcn;a partial ownership of(or employment by)a corporation ; in whicli;'thc fouin ofticcr or cmployec:owns more,tl-, ., - tiie shares. I' _. { YES NO If you answered"YES",complete the balance of this form and date,and sign where indicated. Name of person employed by the Town of Southold y Title or position of that person - - Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check r the appropriate line A)through D)and/or describe in the space provided. I The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): --.A)'the.owner.ofgrca{cr ihan:5°lo'of tfieshere's`of the corliatatc stock,of ilie appliceot (when hie;applicarif i§si eoipoCation); B)„ttie;lcgal nefi or'�eoafowner,of,,any,interest in a;nori-corporute:cntity'(rviien�ttic appicanfis nota corporation); G),arl otTicer,,d'iiector,partneivori mployce.oEthe applicnni;;or D)the actual'applicant. DESCRIPTION OF RELATIONSHIP Submitted this Signature.. Print Name (a-Tg-t C-i 4. � H Form TS 1 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form.should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated. as to its sigg ficant benedikial'_andadverse i effects upoa tlie:coastal'area'(wlu'ch includes:ill,of Southold Town`. : 3, 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; oa'cli::iiis�yer iriiist':be earnliiined in',deYsil;:listiri 'b'otli,stinnoxtiin mid non- supuorting 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# q PROJECT NAME, The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees il"I 1. Category of Town of Southold agency action(check appropriate'response): n (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: Ma - - - - - - lad eha 0l-kj� ,SnaAho j- �.__-Qs Location of action:__ w s� L Q ke Site acreage:. Present land use: (7G!a 1 Present zoning classification: z2aae ea Jr7o—I do-o-` CO?2�lr/,011�9 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: A500a&O'Or) _ (b) Mailing address:- C/e (c) Telephone number:Area Code 3-3-o (d) -3- (d) Application number,if any: _ Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes, No''Ll If yes,which state or federal agency? 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 At ce rs - . - Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See UM Section III—Policies Pages 3 through 6 for evaluation criteria F]' 'Q,No U 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 Q Yes 0 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 0, Yes No ZNot Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold.See LWRP Section III —Polieie ages 16 through 21 for evaluation criteria Yes ; No El Not Applicable Attach additional sheets if necessary _ T 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 IH—Policies; Pages.22 through 32 for evaluation criteria. ,o 'a l Yes No Not Applicable 114 0 In C� / Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LNW Section III — Policies Pages 32 through 34 for evaluation criteria. n Yes Q.No U 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. El Yes E` No U 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 LVVRP Section III—Policies; Pages 38 through 46 for evaluation criteri Ye�] No Not Applicable ma m - - Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III Policies; Pages 47 through 56 for evaluation criteria. Yes ❑; No ❑ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Es tua and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. _:Yes ❑' No❑ Not Applicable S OY j 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 evalu 'on criteria. O Yes ';0` 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; P ges 65 through 68 for evaluation criteria. 0 Yes ❑ No Not Applicable PREPARED B _...-.__._:. TITLE DATE_ 9-7-16