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HomeMy WebLinkAboutTR-9296 Michael J.Domino, President DQE S11 Town Hall Annex � John M. Bredemeyer III,Vice-President 54375 Route'25 �� l0 P.O. Box 1179 Glenn Goldsmith l�[ Southold, New York 111971 A.Nicholas Krupski G Q Telephone (631) 765-1892 Greg Williams �� Fax(631) 765-6641 �'YOOUNvi BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 1631'C Date: October 1, 2019 THIS CERTIFIES that the removal of existing boat whips fish cleaning station, jet ski lift, and ladders from deck; remove existing±125' x±13 5' deck along bulkhead existing±125' long bulkhead and existing east and west bulkhead returns completely construct a new±125' long vinyl bulkhead with a 13' long east return and a 12' west return in-place-,-construct a new 125'x13 5' wooden deck along bulkhead in-place; backfill and re-grade areas landward of bulkhead and new deck so that new deck matches the existing_grade; reinstall existing jet ski lift, ladders fish cleaning station and boat whips on deck; install two (2) new 8" diameter mooring pilings; and for the existing-water and electric services and existing 15'x18' shed to remain; At 1663 Bridge Lane, Cutchogue Suffolk County Tax Map #1000-118-2-4.2 Conforms to the application for a Trustees Permit heretofore filed in this office dated June 8, 2018 pursuant to which Trustees Wetland Permit#9296 Dated August 15, 2018,was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the removal of existing boat whips fish cleaning station jet ski lift and ladders from deck; remove existing±125' x±13.5' deck along bulkhead, existing±125' long bulkhead, and existing east and west bulkhead returns completely construct a new±125' long vinyl bulkhead with a 13' long east return and a 12' west return in-place; construct a new 125'x13.5' wooden deck along bulkhead in-place; backfill and re-grade areas landward of bulkhead and new deck so that new deck matches the existing grade; reinstall existing jet-ski lift ladders fish cleaning station and boat whips'on deck; install two (2) new 8" diameter mooring pilings; and for the existing water and electric services and existing I5'x18' shed to remain. The certificate is issued to 1,663 Bridge LLC do Donald Brennan owner of the aforesaid property. Authorized Signature Michael J.Domino, President *OF SO(/j�o - Town Hall Annex l 54375 Route 25 John M. Bredemeyer III,Vice-President h0 0 P.O. Box 1179 j Glenn Goldsmith Southold,New York 11971 A. Nicholas Krupski G Telephone(631) 765-1892 Greg WilliamsO Fax(631) 765-6641 UM BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: to It 6? V Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1St day of construction Y2 constructed Project complete, compliance inspection. INSPECTED BY: COMMENTS: CERTIFICATE OF COMPLIANCE: Michael J. Domino, resident �$t1FFD1 0 P ti�0 �� Town Hall Annex John M. Bredemeyer, III, Vice-President ��� y�r 54375 Route 25 Glenn Goldsmith 4 y ,? P.O. Box 1179 A Nicholas Krupski �� • ��v Southold, NY 11971 Greg Williams y�ol �� Telephone (631) 765-1892 Yz Fax (631) 765-6641 SOUTHOLD TOWN BOARD OF TRUSTEES YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE ACTIVITIES CHECKED OFF BELOW INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1St day of construction Y2 constructed When project complete, call for compliance inspection; W) BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK PERMIT NO. 9296 DATE: AUGUST 15, 2018 ISSUED TO: 1663 BRIDGE, LLC c/o DONALD BRENNAN PROPERTY ADDRESS: 1663 BRIDGE LANE, CUTCHOGUE SCTM#.1000-118-2-4.2 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 August 15, 2018, and in consideration of application fee in the sum of$250.00 paid by 1663 Bridge, LLC and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to remove existing boat whips,fish cleaning station,jet ski lift,and ladders from deck; remove existing±125' x±13.5' deck along bulkhead,existing±1251 long bulkhead, and existing east and west bulkhead returns completely; construct a new±1251 long vinyl ti bulkhead with a 13' long east return and a 121 west return in-place; construct a new 1251x13.5' wooden deck along bulkhead in-place; backfill and re-grade areas landward of bulkhead and new deck so that new deck matches the existing grade; reinstall existing jet ski lift,ladders,fish cleaning station and boat whips on deck; install two (2) new 811 diameter mooring pilings; and r for the existing water and electric services, and existing151x18' shed to remain; and as depicted ie on the site plan prepared by Costello Marine Contracting Corp., dated July 17,2018, and stamped approved on August 15,2018. 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. ed W Ca TERMS AND CONDITIONS The Permittee 1663 Bridge LLC c/o Donald Brennan,residing at 1663 Bridge Lane, Cutchogue, 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. OF SDUj Michael J.Domino,President Town Hall Annex �o�� y�11 John M.Bredemeyer III,Vice-President 54375 Route 25 P.O.Box 1179 Glenn GoldsmithCA Southold,New York 11971 A.Nicholas Krupski �pQ Telephone(631) 765-1892 Greg Williams yCOU Fax(631) 765-6641 NT`1,�� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD - - -- -- - - - --- - - - - - ugust -, _ Jane P. Costello Costello Marine Contracting Corp. P.O. Box 2124 Greenport, NY 11944 RE: 1663 BRIDGE, LLC c/o DONALD BRENNAN 1663 BRIDGE LANE, CUTCHOGUE SCTM# 1000-118-2-4.2 Dear Ms. Costello: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, August 15, 2018 regarding the above matter: WHEREAS, Costello Marine Contracting Corp., on behalf of 1663 BRIDGE, LLC c/o DONALD BRENNAN 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 June 8, 2018, 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 proposal to construct new bulkheads be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, the LWRP Coordinator recommended that the proposed application for the the reinstallation of existing jet ski lift, ladders, fish*cleaning station and boat whips on deck; and existing 15'x18' shed to remain; be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered the Local Waterfront Revitalization Program policy to the greatest extent possible through the imposition of the following Best Management Practice requirements: the issuance of a permit for the structures; and, 2 A^' WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on August 15, 2018, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 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 for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268 of the Southold Town Code, and, RESOLVED, that the Board of Trustees APPROVES the application of 1663 BRIDGE, LLC c/o DONALD BRENNAN to remove existing boat whips, fish cleaning station, jet ski lift, and ladders from deck; remove existing ±125' x ±13.5' deck along bulkhead, existing ±125' long bulkhead, and existing east and west bulkhead returns completely; construct a new ±125' long vinyl bulkhead with a 13' long east return and a 12' west return in-place; construct a new 125'x13.5' wooden deck along bulkhead in-place; backfill and re-grade areas landward of bulkhead and new deck so that new deck matches the existing grade; reinstall existing jet ski lift, ladders, fish cleaning station and boat whips on deck; install two (2) new 8" diameter mooring pilings; and for the existing water and electric services, and existing 15'x18' shed to remain; and as depicted on the site plan prepared by Costello Marine Contracting Corp., dated July 17, 2018, and stamped approved on August 15, 2018. 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: $50.00 Very trulx" y Michael J. Domino, President, Board of Trustees Town Hall Annex Michael J. Domii _ .President John M. Bredemayer, III-, Vice-President 54375 Route 25 Glenn Goldsmith o P.O. Box 1179 A Nicholas Krupski Southold, NY 11971 Greg Williams Ol Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: 1663 BRIDGE. LLC c/o COSTELLO MARINE CONTRACTING Please be advised that your application dated June 8. 2018 has been reviewed by this Board at the regular meeting of August 15, 2018 and your application has been approved pending the completion of the following items checked off below. Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1St Day of Construction ($50.00) % Constructed ($50.00) xx Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) 30-Year Maintenance Agreement (complete original form enclosed and submit to Board of Trustees Office) 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. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $ 50.00 t�Q BY: Michael J. Domino, President Board of Trustees SURVEY OF PROPERTY AT NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW FORK 1000-118--02-4.2 SCALE: 1 "=60' Feb. 24, 2000 fjDrz P 1 a _ �- "�ti JUN - 8 2018 E � ti Southold town Powd of Trustrn •� 4o 0 � a 4S �F moo. oo J � ��s etc J �tr 41 Mell- c0 oo, 1 T--t t/s C � A N� o� 6 O`. \\Oef ' 5• A, Nv -40 O gym. ✓ � � �' � `t�+ � tea'• Th s• \ 3?Ni� }•��i � Tse � �` /I 4 Tx ��• �/ s \ SO x" \ 4 .01— \ �� rN \ �O \ ) yrn Iq m� i a / AREA = 6.2091 Acres � ti� Q �1� N t. MEq OSA to tie lines , Co' 0� - �- �-�\ LOTS 108 Ihru /l! 8 P/0 LOT 112 ANY ALTERATION OR ADOITM TO TMS SURVEY IS A VIOLATION MAP A OF 'NASSAU POINT' FILED IN �S � •�� �� OF SEC r Y LAPER SEC TM 7209 - SLOD(VISION L ALL CER S r KWS THE OFFICE OF THE SUFFOLK COUNTY F � VALO FOR TMS MAP A/W COPES T mWON ARE MEREOF ONLY FCLERK ON AUG, l6, I422 AS MAP NO. 156 Y.S. LIC. 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' D ECU JUL 1 7 2018 r N Southold Tovvn oarj ofTruse ® aa 90.aC�.�v✓. / 2-CO .���t Si�•►� 5Ti¢��T aocam-1A.1, ".v. ceZr&A.&o A4AAL~F-Co.vr,+�f+cTi v�•cc.'xs� S�Tirl./amp=•iii-2-�--2 Michael J. Domino,PrAs J� b QFFO(,�c i(t�_� Town Hall Annex John M. Bredemeyer III,Vice-r�resident �� y� 54375 Route 25 Glenn Goldsmith o P.O.Box 1179 A.Nicholas Krupski � Southold,NY 11971 Greg Williams p! , Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD P Date/Time: 7 r Completed in field by: Costello Marine Contracting Corp. on behalf of 1663 BRIDGE, LLC, c/o DONALD BRENNAN requests a Wetland Permit to remove existing boat whips, fish cleaning station, jet ski lift, and ladders from deck; remove existing ±125' x ±13.5' deck along bulkhead, existing ±125' long bulkhead, and existing east and west bulkhead returns completely; construct a new ±125' long vinyl bulkhead with a 13' long east return and a 12' west return in-place; construct a new 125'x13.5' wooden deck along bulkhead in-place; backfill and re-grade areas landward of bulkhead and new deck so that new deck matches the existing grade; reinstall existing jet ski lift, ladders, fish cleaning station and boat whips on deck; install two (2) new 8" diameter mooring pilings; and for the existing water and electric services, and existing 15'x18' shed to remain. Located: 1663 Bridge Lane, Cutchogue. SCTM# 1000- 118-2-4.2 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=q 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: I have read & acknowledged the foregoing Trustees comments: Agent/Owner: / Present were: J. Bredemeyery M. Domino G. Goldsmith N. Krupski J G. Williams Other °�� M - _ .. {JFK \••� --rCam - r je - �� M 1 •� -1 t •i - a , 4 �� ` �.•r 1 (. �. � _ I �• } .t t ,lea 47F�"��" ' �„�.• T^ .,� I�.� �•�;t � i -�° •. ter_•' ti..* . '� .,, fi... P41- I•y; i � F r S� .5.. - r f � T i yam•-.. - �tY.� l 1663 t i ` y Donald Brennan ¢ F r 1'1 s i ` y guer ' ' f 4 1 , 1 t 'i `► ',M�;a way r= � s • i Y i t$ '�� ■ i 0712312018 12:57 P.0011005 I : ( Y z C' E �1 EPatricia C. Moore 11D Attorney at Law 51020 Main Road JUL 2 3 2018 Southold,New York 11971 fi i Soaithold?own Tel: (631)765-4330 Broard of Tru;tm _._1 Fax: (631)7654643 VACSIMaILE COVER SHEET The pages comprising this facsimile transmission contain confidential information from Patricia C. Moore. This Information is intended solely for use by the individual entity named as the recipient hereof. If you are not the Intended recipient, be aware that any disclosure,copying,distributlon,or use of the contents of this transmission are prohibited. If you have received this transmission in error,please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to you. TO:.SmtAde.e7a c,L,r, &ajd FAX NO: ((a 1 (0-T— �I I g 7rarrfrrs RE: ;FreAMah DATE: 1 a3, .2076 ^, TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: S IF TRANSMISSION IS FAULTY OR INCOMPLETE, PLEASE CALL BACK AS SOON AS POSSIBLE Comments: S 0712312018 12:57 f' �A3I} P.0021005 i „ PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax:(631)765-4643 July 23, 2018 Southold Town Board of Trustees Main Road PO Box 1179 Southold, NY 11971 RE: 1663 Bridge, LLC (Brennan) SCTNI: 1000.1182-4.2 Replacement of Existing Bulkhead Dear President Domino and Board: As you know I was retained to review the legal title of the above private boat basing off of the Lagoon. It would appear from Aerials from 1919 and 1978, as well as prior deeds, the boat basin was cut into the upland (private land) and the underwater land around the bulkhead is owned by the upland owners (1663 Bridge, LLC formerly Brennan). The bulkhead has not setback issues since it is within the owner's land. Please place this matter back on your calender so that we can proceed with the replacement of the existing bulkhead. Very,tr urs, ter atricia C. Moore PCM/bp enols. C: Brennan w1` f, ! � • w t „ t ,F ,M1 jr } t •�w 0712312018 12:57 OAX) P.0041005 'd' •SS' 6. A N � ••,odl . K•t'A•/O'�0'tl'. to fY - � i•L a Oul ra kirr - °� Iof ' UD r �. r(� a 1� • i f V I w � -.,_' .~•`. M~�e6 r�e'a� Kra•ai�o��acs. P t� r i At �rY•b .' Po i Y '. Pi h • ,�" d• snndr A,.t,,r�� ! �ry„r,,rY• • MAP Q6• LAND A,2EA r tr.s •svavey�o FoQ �. 1(Cf�j rfnce .dna r ' �. • r LAME S �.. MU�ISL•• WAd Afo A-Mr.JrvPolkr'I• �' 1� �'• nr �"`;7`"� _ •• •nn.1.IJ/d..l,+P 9-dr6�rbN •• 1., "NASSAU PCIN7' -� , TQWn OR 50 "+•^�rn..w"� in9+'4n1Yfd h.CAlir9D rhh UTMOLtl,Al.NY —0; ffipr+royM•y sr `-uwl D P vrd d dOn' • a r•+yrar4a,�r,+f.'. '����W •LiLvrai•/ Lond darty , 0 /23/2018' . , - «7 P.005/005 \� (y \ HA'. � 4 } ��' �2 ! � � #y \f�% 2\k �c , : Cantrell, Elizabeth From: Cantrell, Elizabeth Sent: Friday,July 13, 2018 11:19 AM To: 'Jane P. Costello' Cc: Nunemaker,Amanda;Verity, Mike Subject: RE: Brennan Property - 1663 Bridge, LLC Hi Jane, Sorry for the delay getting back to you. I checked with Mike Verity and Amanda in the building dept. regarding your email, photo and past conversations. At this time, nothing has changed in their thoughts after reviewing both the plans, emails and photos. At this point I would recommend you contact either Mike Verity or Amanda in the building dept. as I am getting outside my limits of discussions regarding building dept. codes and what/why a structure would require a ZBA variance. Their phone#is 631-765-1802. Unfortunately, until we can resolve the ZBA concerns,this office cannot proceed with the application as submitted. Please keep me updated when things may be resolved. Elizabeth From:Jane P. Costello<jane@costellomarine.com> Sent:Tuesday,July 10, 2018 2:33 PM To: Cantrell, Elizabeth <elizabethc@town.southold.ny.us> Subject: RE: Brennan Property-1663 Bridge, LLC The deck will be a continuous structure with the bulkhead cap. Then the upland elevation is higher than the deck height. The land landward of the deck is sloped down towards the water ( you can see in the attached picture). So if you ran a lawn mower towards the water, the front wheels might be off the ground for a split second. If we maintained the elevation of the bulkhead then we wouldn't even touch the shed. We could work around it. Jane Costello Marine Contracting Corp. 423 5"'Street PO Box 2124 Greenport,NY 11944 (631) 477-1199 Phone (631) 477-0005 Fax From: Cantrell, Elizabeth <elizabethc@town.southold.nv.us> Sent:Tuesday,July 10, 2018 12:42 PM To:Jane P. Costello <iane@costellomarine.com> Subject: RE: Brennan Property-1663 Bridge, LLC 1 Hi Jane, It's not the bulkhead height, it's that the deck either needs a variance, or you have to add in your project description and plans that the deck is to be replaced as an on-grade structure (meaning your lawnmower can run over it while mowing the lawn). There is a possibility with the deck that if it is reconstructed "on-grade" it may not need a variance (another review of revised plans by bldg. dept.would be needed). You can apply to bring some fill into the area to "level" it out. The shed I think is too close to the property line on plans &survey (not bulkhead). It needs to be placed at a distance no closer than what the building dept. regulations state. I have attached the document that the bldg. dept. uses for our applications. It doesn't have much, but gives you an idea. Elizabeth From:Jane P.Costello<iane@costellomarine.com> Sent:Tuesday,July 10, 2018 12:25 PM To: Cantrell, Elizabeth <elizabethc@town.southold.nv.us> Subject: Brennan Property- 1663 Bridge, LLC Hi Elizabeth- I spoke with Patrick Brennan earlier today and he asked if they decided to reconstruct the bulkhead in-kind, in-place without raising it 6", meaning the deck would remain at the current height and the shed would remain at the current height, would ZBA approval still be necessary? They wanted to construct it 6" higher because the shed did flood a few times during storm high tides but it was never a threat to the upland house(s) and sheds, etc... Jane Costello Marine Contracting Corp. 423 5"'Street PO Box 2124 Greenport, NY 11944 (631)477-1199 Phone (631)477-0005 Fax 2 i A 4 t it IJ ���{ ?•�. n �� r+�� �';� t �� � r tt.y�� � _ ,. •r � sn `r 1�/ fie.. �� i - :! -�f�'.•h '.ta:__.Cyt A - C ` F r ) NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Environmental Permits,Region 1 D SUNY 4 Stony Brook,50 Circle Road.Stony Brook,NY 11790 ' P (631)4440365 I F:(631)444-0360 wwwdec.nygov JUN 2 9 2010yo Southold Town 0 l3paid-of Trustees June 21, 2018 Mr. Donald Brennan 21 Remsen Street Brooklyn, NY 11201 RE: Permit No.: 1-4738-02619/00008 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit for the referenced activity. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. if you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather and a Notice of Commencement/Completion of Construction. Please note, the permit sign and Notice of Commencement/Completion of Construction form are sent to either the permittee or the facility application contact, not both. S4neIrl , Susan V. Ackerman I Permit Administrator SVA/Is WEW YORK Department of STATE OF OPPORTUNITY Environmental • Conservation , e r i i 1 i NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-02619 PERMIT Under the Environmental Conservation Law ECL Permittee and Facility Information Permit Issued To: Facility: DONALD BRENNAN BRENNAN PROPERTY 21 REMSEN ST 1663 BRIDGE LANE t� BROOKLYN,NY 11201 CUTCHOGUE,NY 11935 D E C E QV E (631) 734-6875 J U N Facility Application Contact: 9 ���� COSTELLO MARINE CONTRACTING CORP Southold Town PO BOX 2124 GREENPORT,NY 11944-0976 (631) 477-1199 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 714.99 NYTM-N: 4541.357 Latitude: 40°59'42.3" Longitude: 72°26138.4" Authorized Activity: In-place replacement of 125 linear feet of existing functional bulkheading six inches higher than existing and backfill. Replacement of existing or the construction of new bulkhead returns. Reconstruct existing 125' x 13.5' parallel capping boardwalk landward of bulkhead. Remove and replace boat shed,ramp,jet ski lift'and NYSDEApproved"IC authorized activities on 6/21/20118 bSAP# 1-08-010 e done in strict conformance with the attached plans stamped' Permit Authorizations Tidal Wetlands-Under Article 25 Permit ID 1-4738-02619/00008 New Permit Effective Date: 6/21/2018 Expiration Date: 6/20/2023 Excavation & Fill in Navigable Waters-Under Article 15,Title 5 Permit ID 1-4738-02619/00009 - New Permit Effective Date: 6/21/2018 Expiration Date: 6/20/2023 Water Quality Certification -Under Section 401 - Clean Water Act Permit ID 1-4738-02619/00010 New Permit Effective Date: 6/21/2018 Expiration Date: 6/20/2023 Page 1 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-02619 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent ri ` E compliance with the ECL, all applicable regulations, and all conditions include �� permit. JUN 2 9 2018 Permit Administrator: SUSAN ACKERMAN, Deputy Regional Permit Administrat Address: NYSDEC Region 1 Headquarters Southold Town SUNY @ Stony BrookJ50 Circle Rd a r Stony Brook,NY 11 90 -3409 Authorized Signature: Date Distribution List COSTELLO MARINE CONTRACTING CORP Marine Habitat Protection SUSAN ACKERMAN, Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION ` GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS =NATURALURCE PERMIT CONDITIONS - Apply to the Following WETLANDS; EXCAVATION & FILL IN NAVIGABLE ERS; WATER QUALITY CERTIFICATION 1. Regulated Activities Authorized By This Permit This permit ONLY authorizes those regulated activities/ structures identified under the section titled "SAP Authorized Activity". The Department does not issue after-the-fact or as-built permits. This permit does t fnot or whi authorize no permit or or legitimize the existence of structures,which would have required a perm other authorization has been granted by the Department. 2. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicants agent as part of the permit application. Such approved plans were prepared by Costello Marine Contracting Corp. (sheets 1-8) dated 5/21/18. Page 2 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-02619 3. Notice of Commencement At least 48 hours prior to commencement of the project,the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 4. Excavation for Bulkhead/Structure Prior eexcavated landward of the structure andetamedrso shoreline stabilization structures all backfill shall b as not to enter the waterway,tidal wetland or protected buffer area. 5. Replacement Bulkhead Maximum Height The to delevation of the replacement bulkhead shall be no more than 18 inches higher than the existing b 6. No Seaward Extension of Bulkhead The new bulkhead shall be constructed in place of the existing bulkhead with no seaward extension of the outermost bulkhead fa 7. Jet-in Bulkhead Bulkheads constructed directly adjacent to vegetated tidal wetlands shall be hand driven or jetted in with no disturbance to the tidal wetland. Trenching is strictly prohibited. 8. Backfilling The installation of the approved replacement bulkhead shall be completed prior to the placement of any fill material behind the structure. 9. Clean Fill Only All fill shall consist of clean sand, gravel, or soil (not asphalt, slag,flyash,broken concrete or demolition debris). 1o. No Beach Excavation For Fill No excavation of the beach is authorized for the purpose of obtaining fill or stone materials. 11. No Dredging or Excavation No dredging, excavating or other alteration of shoreline or underwater areas is authorized by this permit,nor r shall is in the future permit be construed to suggest that the Department will issue a permit for such 12. No Runoff Over or Through Bulkheador no discharge of runoffto Wetland n completion of the or other effluent over bulkhead through the replacement authorized herein,there shall b structure or into any tidal wetland or protected buffer area. 13. Use of Treated Wood The use of wood treated with creosote,pentachlorophenol or other wood treatment not specifically approved by the department for use in wetlands and/or marine waters, is strictly prohibited in the construction of structures that will be in contact with tidal waters. 14. Parallel Capping Boardwalk The width of the parallel mostng boardwalk shall not exceed seaward face of the bulkhead six (6) feet. No portion of the boardwalk shall extend seaward of the mo sheathing. 15. No Structures on Reconstructed Bulkhead or Pilings No structures, other than structures specifically authorized by this permit, shall be constructed on the reconstructed bulkhead or pilings without further authorization fro ( nermit, modified permit). J U N 2 g 2018 Page 3 of 7 Southold Tavan a pf TnLctvac NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-02619 16. Storage of Equipment,Materials The storage of construction equipment and materials shall be confined to the upland area landward of the bulkhead or on a barge. 17. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 18. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area(upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 19. Seeding Disturbed Areas All areas of soil disturbance resulting from the approved project shall be stabilized with appropriate vegetation(grasses, etc.) immediately following project completion or prior to permit expiration,whichever comes season then he area shall be stab li ed If the project site remains twith strawofor or hay n 48 hours y mulch or or planting is impractical due to the , jute matting until weather conditions favor germination. 20. Temporary Mulch,Final Seeding If seeding is impracticable due to the time of year, a temporary mulch shall be applied and final seeding shall be performed at the earliest opportunity when weather conditions favor germination and growth but not more than six months after project completion. 21. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 22. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 23. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State,or cause loss or destruction of the natural resources of the State,the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit,the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed,the owners, shall,without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require,remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 24. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings,paints, concrete, leachate or any other environmentally deleterious materials associated with the project. rJUN F,, {� 99 2018 Page 4 of 7 holdTown B ar ru es Iowa NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-02619 25. State May Require Site Restoration If upon the expiration or revocation of this permit,the project hereby authorized has not been completed, the applicant shall,without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may lawfully require, remove all or any portion °ade f the uncompletefNewstrucYork on ac account ofrestore any such to its o former condition. No claim shall be m against the State o removal or alteration. WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS 1. Nater Quality Certification The authorized project, as conditioned pursuant to the Certificate, complies with Section 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act, as amended and as implemented by the limitations, standards, and criteria of state statutory and regulatory requirements set forth in 6 NYCRR Section 608.9(a). The authorized project, as conditioned,will also comply with applicable New York State water quality standards,including but not limited to effluent limitations, best usages and thermal discharge criteria, as applicable, as set forth in 6 NYCRR Parts 701, 702, 703, and 704. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted facility, representative of thane oartment rds, is subject to inspection at reasonable hours and intervals by an authorized of Environmental Conservation (the Department)to determinewhether complying301 with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions,must be available for inspection by the Department at all times at the project site orfacility. Failure ei o produce a copy of the permit upon request by a Department representative is a violation sperm . end 2. Relationship of this Permit to Other Department tOrdersoes not odifyesupersede or rerminations scind any order ss expressly provided for by the Department, issuance of this perm or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. V E JUN 2 9 2018 Southold Town Bo-a[d of ru to Page 5 of 7 I -- V r/ NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-02619 3. Applications For Permit Renewals,Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC Region 1 Headquarters SUNY @ Stony BrookJ50 Circle Rd Stony Brook,NY11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Excavation&Fill in Navigable Waters, Tidal Wetlands, Water Quality Certification. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions,relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. D E E � JUN 2 9 2018 Southold Town Road of ra e Page 6 of 7 � YAAk NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-02619 NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages,to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of,the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere/with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights,title, or interest in real or personal property held or vested in a person not a party to the permit. DE C E le E JUN 2 9 2018 Southold Town B a of r tee Page 7 of 7 €c a a L,5r i Male- AdL Axa 'y �c9a S &S CFPP O JUN 2 9 2018 1 VIC MAS Southold ToWn . as f Trustees Fit ��®�^®���: T®^� �T�.i• �� !®sad 7-1 .r y ✓'���� T f ZG'o .��ss��� STt�OE T fj.��/GL Mrd. /d•�/, //�®/ 4rsTE �sr� s.�E�m-�T.��acTi,�c corgi SGT -/oa-!/g-2-4.� .mss oft 2/��Gl��'E��-tea p s�o�®B��• M4Y�.2®tg ��y2J,Zolc3 l i yA b •� L t®a Aor14= M A r—'O E I V E W "' tea JUN 2 9 2018- SoulholdTown Board of Trustees -AA-C— Gfo /(oc�o 3 j3+R✓�� L mss �GT�-/000- //a-?�4.2 " ,iijAygf-.?.44=11ASS e - ® - ����s�'{,� r�vGa r�r� � car-may -Wes7 ?ate ar ' ice• ����- �-� c�.42 /Va- ��.� ���✓/�G STS/os.�Axa 2�a 46 -57 G✓`1 ��G 7G- /4p°10 GG.A Clq ZD (� AP4T Flo �og/� r3✓��'r�tai:�.I 2Cm QEET CeST�.-0 f�,�ias�C�T�'t�=�Ti.�r� SGT -to®o-//e�^2-•�:�+. �o.�os= 2/�H��vf��'„a-aTN-`�-1'�''�' rld�y21.2oIg /�/PG�y�•2��$ � � O Jay J Od9 ttii � V O� QAC.` CIO 2� 0 nSB�.a��a F3�': G�lJ7Caao�U�, J�•�• ?%®.gym;.2/�1rG��'.�F�aF�.��f�•°/1l`�'`'�-' ld��f.dX Zol�j <l�sd0/g � s��✓3'�a� X7.33' - � �1.7®0��✓Ai �•y�@! `gam' d.r7-47'At _ 0 -767-06 ECL C JUN 2 9 2018 Southold Town /a{.3--Cam - ar Tr c�a �aw�r-o F.�2�•wpv.ac� 2G ��s�N g"7@SGT p��e,o��cc fir: CUres��Ei N.�/. //935 AAAyA20/6 7 �,ssca� ,en,vtia��'T 6i I A no X �T �s.y• •sS,Td�N.4��/� A'°'rAIAs^/ �,�•/Dn/. �/ cow$' ���T�'Y�i�l�.v�/�®IT$'°/�G' f.�/NSA �a4N/� G�ICG� `.r9C� . �aovsTFrucT/•�/P� ��W��r✓AT�®N.®.�oY/,v/N/S N ��• Ar ug/d iV ©AT ggNGS .�9 a/aes,=e� tel' iaJ �+-10 c�/AAN /�°I�MGeLelT.+d"!�d"i ---• G®N0/9Los"Jr/D/•/oi°'�r�'k.'. Owl—. rr dtA„'Al !�' P ,iWl:�lz:.'tom/+d /bt•�Y�••a�/�+ �►� ter: ,• ! JUN 2 9 2018 ,, C���� ,g7F°•n'19 i Satit�:�l�Town - i S�ar;1 of Tmstees JUN 2.9 2018 Southold Town 1;0;,= raAi4ijvv . r �►� M�'4�44� B Tra � � � h d t at�l�.'e1,iY4�id / , lk+,q,00 Tv�N AcsdT M � rAO,4iyeJ,srAwAvaePvArl4W. caeris ��N 1�+��G79rop.N��7• /✓4Aw rrr�:ta rva�.'d�dtY4A7'imw Alaepa au e� i s4��'✓�'d4� �+.IH�Sc®W WHEN �&1MePM SM/as���6.i vCy -T VOL cam mfr P✓EL°k�a0 �IiC,I.nJl���is� , 6®ems 91 ev1�.✓�•a a.� .r�.andvrn ��� ,� ��'•t1®ice ZC0 ,�2 ,M a5es9eh/STird�'�X• 7d31� ► MY: 7"fv� ZG�*i�lP/0420� C. lye-L4 -GGA. ,AgMov�D {� tom'f�lN¢�-�• — _ _ - _ !ea #a.B7� is A- J Jr2eo AftffJ AS � E � JUN 2.9 2018 Southold Town Trustees 5rN•ss� �,�®ops-�'�. �•y r o NEW YORK Department of STATE OF M OPPORTUNITY. Environmental -Conservation c LO r co r NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below.,Please refer to the permit number shown when contacting the DEC. Regional Permit Advisor ROGER12 EVAN Permit Number Expiration Date 4712012"2 _ NOTE: This notice is NOT a permit t� Cantrell, Elizabeth From: Hagan, Damon Sent: Wednesday,June 20, 2018 3:02 PM To: Cantrell, Elizabeth Subject: FW:Arial photo from the seventies Attachments: BridgeLnl960Aerial.pdf Yours Truly etc., Damon A.Hagan Assistant Town Attorney Town of Southold Town Hall Annex 54375 Route 25 PO Box 1179 Southold,NY 1]971-0959 Phone(631)765-1939 Fax(631)765-6639 This electronic mail transmission may contain confidential or privileged information. If you believe that you have received the message in error,please notify the sender by reply transmission and delete the message without copying or disclosing it. From: Sepenoski, John Sent: Tuesday, June 19, 2018 3:49 PM To: Hagan, Damon Subject: RE: Arial photo from the seventies No dock in 1960, in fact the spur hasn't even been dredged. See attached. From: Hagan, Damon Sent: Tuesday, June 19, 2018 8:57 AM To: Sepenoski, John Subject: RE: Arial photo from the seventies I'm looking more for verification of the dock rather than the overall quality so if you could send me a picture and let me know the year it was taken I'd appreciate it. Thank you. Yours Truly etc., Damon A.Hagan Assistant Town Attorney Town of Southold 1 1 Town Hall Annex 54375 Route 25 PO Box 1179 Southold,NY 11971-0959 Phone(631)765-1939 Fax(631)765-6639 This electronic mail transmission may contain confidential or privileged information. If you believe that you have received the message in error,please notify the sender by reply transmission and delete the message without copying or disclosing it. From: Sepenoski, John Sent: Tuesday, June 19, 2018 8:56 AM To: Hagan, Damon Subject: RE: Arial photo from the seventies Yes, quality is reasonable but not as good as 1978. From: Hagan, Damon Sent:Tuesday,June 19, 2018 8:28 AM To:Sepenoski,John<johnsep@town.southold.ny.us> Subject: RE:Arial photo from the seventies Thank you for the photo it was great. Is there anything available from the 50s? Yours Truly etc., Damon A.Hagan Assistant Town Attorney Town of Southold Town Hall Annex 54375 Route 25 PO Box 1179 Southold,NY 11971-0959 Phone(631)765-1939 Fax(631)765-6639 K�*%k***�****#*x*�#�=*�*=k**#�**%k*x**��**�*��kk�*x*��xk****k%k***�*X**�%�**#=k=k##*x#•�#M*�****%k��:*%k*x�**#**** This electronic mail transmission may contain confidential or privileged information. If you believe that you have received the message in error,please notify the sender by reply transmission and delete the message without copying or disclosing it. From: Sepenoski, John Sent: Monday, June 18, 2018 4:22 PM To: Hagan, Damon Subject: RE: Arial photo from the seventies 2 Okay, modern aerials show a dock along the shoreline on this parcel. 1978 aerials are not high quality but appear to show a perfectly straight line parallel to the shoreline in the same place so I assume this is the dock in question. The 1974 set are from the NYS DEC tidal wetlands maps and have wetland boundaries on them so I can't tell if there is anything there or not because they have a black line drawn through this area. See attached 1978 shot. From: Hagan, Damon Sent: Monday, June 18, 2018 3:43 PM To: Sepenoski, John Subject: Arial photo from the seventies The property address is: 1663 Bridge Lane Cutchogue 1000-118-2-4.2 Thank you Yours Truly etc., Damon A.Hagan Assistant Town Attorney Town of Southold Town Hall Annex 54375 Route 25 PO Box 1179 Southold,NY 11971-0959 Phone(631)765-1939 Fax(631)765-6639 This electronic mail transmission may contain confidential or privileged information. If you believe that you have received the message in error,please notify the sender by reply transmission and delete the message without copying or disclosing it. 3 f y i I� khll � x Qd � : n . �a ^� t Cantrell, Elizabeth From: Hagan, Damon Sent: Wednesday,June 20, 2018 3:02 PM To: Cantrell, Elizabeth Subject: FW:Arial photo from the seventies Attachments: BridgeLnDock.pdf Yours Truly etc., Damon A.Hagan Assistant Town Attorney Town of Southold Town Hall Annex 54375 Route 25 PO Box 1179 Southold,NY 11971-0959 Phone(631)765-1939 Fax(631)765-6639 This electronic mail transmission may contain confidential or privileged information. If you believe that you have received the message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. From: Sepenoski, John Sent: Monday, June 18, 2018 4:22 PM To: Hagan, Damon Subject: RE: Arial photo from the seventies Okay, modern aerials show a dock along the shoreline on this parcel. 1978 aerials are not high quality but appear to show a perfectly straight line parallel to the shoreline in the same place so I assume this is the dock in question. The 1974 set are from the NYS DEC tidal wetlands maps and have wetland boundaries on them so I can't tell if there is anything there or not because they have a black line drawn through this area. See attached 1978 shot. From: Hagan, Damon Sent: Monday, June 18, 2018 3:43 PM To: Sepenoski, John Subject: Arial photo from the seventies The property address is: 1663 Bridge Lane Cutchogue 1 l / 1000-118-2-4.2 V Thank you Yours Truly etc., Damon A.Hagan Assistant Town Attorney Town of Southold Town Hall Annex 54375 Route 25 PO Box 1179 Southold,NY 11971-0959 Phone(631)765-1939 Fax(631)765-6639 This electronic mail transmission may contain confidential or privileged information. If you believe that you have received the message in error,please notify the sender by reply transmission and delete the message without copying or disclosing it. 2 E � ':, 4•q ��� yf� � ���� <. � � "� � � a �q�� � �"� �� `���� � � .� � � � � � � : �e ` � L � � '�° �� �m," II�iY I �idj� r } �l � �, �� � � p �, � y � Z �'! � � lq� f r .� TS e �..;� � ff; '�., �� T:'� `gym.. h 1' �. w 1. �„ ��:: n�<; s �,,. �: �� �m00; �X�. jryo �Ey',, "F. i .,.. ..i ,f ;,�' 5. f � 1, ��:.' L; IMI ��II", �dull,, II� ;;yy I r„ � �ii ......:. J.., it � �� ': s ">d �— �;�� j: a� � .�;.. ,'i`'i Cantrell, Elizabeth From: Hagan, Damon Sent: Monday,June 18, 2018 3:12 PM To: Cantrell, Elizabeth Subject: Burrell For the File Attachments: RPAPL ARTICLE 15 SUMMARY JUDGMENT SHORT FORM ORDER 12-12-17.pdf, 20170802 LTR AND DECISION TO TRUSTEES.pdf Yours Truly etc., Damon A.Hagan Assistant Town Attorney Town of Southold Town Hall Annex 54375 Route 25 PO Box 1179 Southold,NY 11971-0959 Phone(631)765-1939 Fax(631)765-6639 This electronic mail transmission may contain confidential or privileged information. If you believe that you have received the message in error,please notify the sender by reply transmission and delete the message without copying or disclosing it. 1 l 1 SMITH, FNH r smmN, LtTNDBERG, ISLEIt AND YAHADOSM, 1j P ATTORNEYS AND COUNSELORS AT LAW 456 GRIFFING AVENUE, CORNER OF LINCOLN STREET RIVERflEAD. N.Y. 11901-0203 (631) 727.4100 FRANK A. ISLER HOWARD 1-1. FINKELSTEIN SUSAN ROGERS GRUN FAX (63 1) 727`41 Z30 RETIRED GAIR G. BETTS JEANI`fAR1E GUNDERSON PIERRE G. LUNDBERG DANIEL P. BARKER RETIRED GHRISTOPHER B. ABBOTT REGINALD G. SMITH 1897-1983 Direct G-Mait cabbotl°uslliy com August 2,2017 Michael Domino, President Board of Trustees of the Town of Southold Southold Town Hall Annex 54375 Main Rd. ,P.O. Box 1179 Southold,NY 11971 Re: Jonathan Perry and Jennifer Burrell v Patricia A. Brennan Qualified Persona! Residence Trust a/k/a Patricia A. Brennan,et al. Index No. 14-18508IApp.Div. Index No, 2015-06314 Dear Mr. Domino: I am pleased to report that the Appellate Division has affirmed the Trustees' grant of the dredge permit in the above referenced case. Enclosed is a copy of the Court's decision for your review. Please do not hesitate to contact me if you have any questions. Ve truly yours, '' / Christopher B. Abbott Enclosures cc: Hon. Scott Russell --w/encl. (by email) William Duffy, Esq.--w/encl. (by email) Damon Hagan, Esq.—w/encl. (by email) 6upreme Court of the Otate of Betu Pork appellate �Bibigion: &econb 3'ubitia[ Mepartment D53039 O/afa AD3d Argued- May 19,2017 WILLIAM F. MASTRO,J.P. REINALDO E. RIVERA L. PRISCILLA HALL JOSEPH J. MALTESE,JJ. 2015-06314 DECISION&ORDER In the Matter of Jonathan Perry,et al.,appellants, v Patricia A. Brennan Qualified Personal Residence Trust,also known as Patricia A. Brennan Personal Residence Trust,et al., respondents. (Index No. 18508'14) Wickham, Bressler& Geasa, P.C., Mattituck,NY(Eric J. Bressler of counsel), for appellants. Esseks, Hefter Angel, LLP, Riverhead, NY (Anthony C. Pasca of counsel), for respondents Patricia A.Brennan Qualified Personal Residence Trust,also known as Patricia A. Brennan Personal Residence Trust, 1663 Bridge, LLC, Patricia A. Brennan,and Donald P. Brennan. Smith,Finkelstein,Lundberg,lsler&Yakaboski,LLP,Riverhead,NY(Christopher B.Abbott of counsel), for respondent Board of Trustees of the Town of Southold. Appeal from a judgmentofthe Supreme Court,Suffolk County(Joseph A.Santorelli, J.), dated March 19, 2015. The judgment denied the petition filed pursuant to CPLR article 78, which sought to annul a determination of the Board of Trustees of the Town of Southold dated May 21,2014, granting a dredging permit,and dismissed the proceeding. ORDERED that the judgment is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs. August 2,2017 Page 1. MATTER OF PERRY v PATRICIA A. BRENNAN QUALIFIED PERSONAL RESIDENCE TRUST,also known as PATRICIA A. BRENNAN PERSONAL RESIDENCE TRUST The petitioners and the respondents Patricia A. Brennan and Donald P. Brennan (hereinafter together the Brennans)own property on the shores of an inland body of watercalled"the Lagoon" in the Town of Southold. The Lagoon is connected to Peconic Bay by a navigable waterway(hereinafter the Channel)that runs between land owned by the petitioners and land owned by the Brennans. In December 2013, the Brennans applied to the Board of Trustees of the Town of Southold(hereinafter the Board)for a permit to perform maintenance dredging in the Channel. The Brennans' application stated that the section of the Channel they sought to dredge was on their property,and that the dredging was necessary for"navigation,beach nourishment,[and]tidal flow" purposes. The application was sponsored by the Lagoon Association,a community organization of landowners with property around the Lagoon that had previously obtained permits to dredge the Channel. Attached to the application was a Department of Environmental Conservation(hereinafter DEC) permit that had been issued to the Lagoon Association in October 2013 for maintenance dredging in the Channel. At public hearings before the Board, the petitioners opposed the Brennans' application to perform maintenance dredging, arguing that they were the owners of all the underwater land in the Channel. Although the petitioners had given their permission for similar dredging in the past,they no longer supported the dredging because it damaged their bulkhead and the Lagoon Association refused to contribute to their cost of maintaining and repairing their bulkhead. The president of the Lagoon Association appeared in support of the Brennans' application. He asserted that the Brennans owned the area of the Channel that they wanted to dredge and that it is the same area the Lagoon Association has dredged for the past 80 years. The president of the Lagoon Association said that, if the Channel was not "reopened through dredging," the Lagoon, a fragile environment requiring tidal flow and oxygen-rich water, would become an "environmental disaster." He emphasized that there was an immediate need for dredging because sand accumulations in the Channel were preventing fish from swimming in and out of the Lagoon. The petitioners confirmed that they did not want the Channel to close, but they refused to consent to the dredging until the resolution of their dispute with the Lagoon Association about the cost of their bulkhead maintenance and repairs. The petitioners and the Brennans also made written submissions and provided various documents to the Board in support of their claims. Although the Board was presented with conflicting evidence as to whether the petitioners or the Brennans owned the area that they sought to dredge,upon request,the Brennans submitted an updated land survey dated April 14,2014,which showed that the Brennans' property extended halfway across the Channel. In a determination dated May21,2014,the Board approved the Brennans'application and issued them a permit to dredge part of the Channel,but the Board only authorized dredging on land owned by the Brennans and expressly asserted that it was not making "a representation or August 2, 2017 Page 2. MATTER OF PERRY v PATRICIA A. BRENNAN QUALIFIED PERSONAL RESIDENCE TRUST,also known as PATRICIA A. BRENNAN PERSONAL RESIDENCE TRUST determination with respect to any purported ownership of lands." In its determination,the Board set forth five environmental reasons that dredging should be performed,which included preserving tidal flow into the Lagoon so as to protect wildlife and the ability to navigate coastal waterways. The petitioners commenced this CPLR article 78 proceeding to annul the Board's determination. They alleged that the Board exceeded its jurisdiction and acted arbitrarily by effectively determining that the Brennans owned part of the Channel and by giving them permission to dredge. The Supreme Court denied the petition and dismissed the proceeding. The petitioners appeal. We affirm,albeit on grounds different than those relied upon by the Supreme Court(see generally Matter of Munroe v Pante, 148 AD3d 1025, 1026). We note that the Supreme Court improperly relied,in part,on a ground not invoked by the Board(see Matter of Scherbyn v Wayne- Finger Lakes Bd. of Coop. Educ. Servs., 77 NY2d 753,758;Mailer of Ignaczak v Ryan, 79 AD3d 881, 882;Matter ofAnayati v Board of Zoning Appeals of Town of N. Hempstead, 65 AD3d 681, 683). Since the administrative determination at issue was made after informational public hearings,as opposed to a quasi-judicial evidentiary hearing,the"arbitrary and capricious"standard of CPLR 7803(3)applies(see Matter of Moy v Board of Trustees of Town of Southold, 61 AD3d 763,764;Matter of Zupa v Board of Trustees of Town of Southold, 54 AD3d 957,957). Thus,the sole question before this Court is whether the determination was made in violation of lawful procedure,was affected by an error of law,or was arbitrary and capricious or an abuse of discretion (see CPLR 7803[3]; Matter of Gernatt Asphalt Prods. v Town of Sardinia, 87 NY2d 668, 688; Matter ofMay v Board of Trustees of Town of Southold, 61 AD3d at 764;Matter of Halperin v City of New Rochelle, 24 AD3d 768). Here,the Board's determination to grant the dredging permit to the Brennans while expressly avoiding any determination as to the ownership of the area to be dredged was not made in violation of lawful procedure,affected by an error of law,arbitrary or capricious,or an abuse of discretion. A permit must be obtained in the Town of Southold before dredging may be performed in a body of water such as the Channel(see Town Code§§275-3[C],275-5[A]). The applicant must have a right to perform the dredging either based on ownership of the property or a legally recognized relationship with the owner(see Town Code § 275-6[A][11). Pursuant to Town Code § 275-12, a permit for dredging may be issued if, based on 10 enumerated factors, the Board determines that the dredging will not have a substantial adverse impact on the Town's wetlands and fresh water resources, marine organisms and aquatic wildlife, or otherwise adversely affect the health, safety,and general welfare of the Town and its citizens. The parties do not dispute that the Board'has no authority to resolve the issue of ownership of the land under the Channel (see generally Matter of Shuttle Contr. Corp. v Planning Bd. of the Inc, 1111. of Great Neck, 73 AD3d 789, 789-790). However, based on the unique circumstances presented and the proof of ownership by the Brennans, the Board was within its authority to grant the permit to the ostensible owner, the Brennans, without making any further determination as to who owned the area to be dredged(see Mailer ofShuttle Contr.Corp.v Planning Bd. of the Inc. Yil. of Great Neck, 73 AD3d 789, 790). In addition, this determination was August 2, 2017 Page 3. MATTER OF PERRY v PATRICIA A. BRENNAN QUALIFIED PERSONAL RESIDENCE TRUST, also known as PATRICIA A. BRENNAN PERSONAL RESIDENCE TRUST reasonable based on the environmental factors set forth in Town Code§275-12(seeMatterofBirch Tree Partners,LLC v Nature Conservancy, 122 AD3d 841,842;Matter of Zupa v Board of Trustees of Town of Southold, 54 AD3d at 958). In granting the dredging permit, the Board considered, among other things,the threat that dredging presented to the petitioners'bulkhead on the southeast side of the Channel and, accordingly, limited dredging to the northwest side. Apart from actual ownership, this was the only,complaint advanced by the petitioners with regard to dredging in the Channel. MASTRO,J.P.,RIVERA, HALL and MALTESE,JJ.,concur. ENTER: iLa Aprilanne Agostino Clerk of the Court August 2,2017 Page 4. MATTER OF PERRY v PATRICIA A. BRENNAN QUALIFIED PERSONAL RESIDENCE TRUST,also known as PATRICIA A. BRENNAN PERSONAL RESIDENCE TRUST ' ORIGINAL SHORT FORM ORDER �'� INDEX NO. 17139/2014 SUPREME COURT-STATE OF-NEW-YORK ` I.A.S. TERM PART 37 - SUFFOLK,COUNTY PRESENT: HON. JOSEPH FARNETI Acting Justice Supreme Court MOTION DATE: SEPTEMBER 30, 2016 NASSAU POINT LAGOON, INC., 1663 FINAL SUBMISSION DATE: FEBRUARY 16, 2017 MTN.SEQ.#: 001 BRIDGE LLC, JAMES D. WEEDEN, MOTION: MID L1STII-,IE Y, WEEDER, JOHN WOLLEBEN, FATRIC1.='. �,YOLLEBEN, JO"?CE rte,: MIIOTIONI DATE.,JANUARY 5. 2,017 SAMP;ERI, NORA FLOTTERON JOSEPH FINAL SUShrlISSION DATE: FESRUAR) 16,2077- $ Iv1TN. SEQ.r: G FLOTTERON, III, DENNIS J. HICKEY, CROSS-TAOT1014: Y.RID K, TH EEN' A HIrKEY R1r:HARD W. CORAZZINI, CHERYL ANN CORAZZINI, R BERl A. LO E jF , JOAN E. LOVE, rLAlwTiri=s' HTi cnt�E't°.: fr�,THERfNE F..PERRETTA; JANET E. ESSEKS, HEFTER & 1 .t.GE1_ 1.1;x° '08 EAST MAIIN STREET DOWNING, RICHARD DOWNING, PHILIP P.O. Box 279 6UFFA, MARIA BUFF/1%. and JANE A. RIVERHEAD• NEVV Yr) K_ II C101 NELSON, 631-369-1700 Plaintiffs ATTORNEY FOR DEFENDANTS JENNIFER J. BURRELL AND JONATHAN PERRY: -against- WICKHAM, BRESSLER & GEASA, P-C. 13015 MAIN ROAD JENNIFER J. BURRELL, JONATHAN P.O. BOX 1424 PERRY, and JOHN CRONIN, as EXECUTOR MATTITUCK, NEW YORK 11952 OF THE ESTATE OF ROBERTA G. 631-298-8353 SINNOTT, SELF-REPRESENTED DEFENDANT: ROBERT H. STURDY Defendants. 8200 NASSAU POINT ROAD CUTCHOGUE, NEW YORK 11935 ROBERT H. STURDY, BARRY SMALL, and 631-734-6776 COLLEEN FRENCH, Additional Defendants. Upon the following papers numbered 1 to 16 read on this motion FOR SUMMARY JUDGMENT AND CROSS-MOTION TO AMEND ANSWER Notice of Motion and supporting papers 1-3 ; Affidavit in Support of Motion for Summary Judgment and supporting papers 4, 5 ; Memorandum of Law in Support of Motion for Summary Judgment 6 ; Memorandum of Law in Opposition to Motion for Summary Judgment and supporting papers _ 7, 8 ; Notice of Cross-motion and supporting papers 9. 10 ; GOON, INC. v. BURRELL, ET AL, FARNETI, J. 139/2014 PAGE 2 s�wr4, davit in Opposition to,Motion and in Support of Cross-motion and supporting papers 11. 12 ; emorandum of Law in Opposition to Motion for Summary Judgment and in Support of Cross- motion 13 ; Affirmation in Further Support of Motion and supporting papers 14. 15 ; 4;. Memorandum of Law in Further Support of Motion for Summary Judgment 16 ; it is, ORDERED that this motion (seq. #001) by plaintiffs for an Order, pursuant to CPLR 3212, granting plaintiffs summary judgment as follows: (1) on plaintiffs' first cause of action, the first and second counterclaims of defendants JENNIFER J. BURRELL acid JONATHAN PERRY ("Burrell" or "Perry" and collectively the "Burrell-Perry Defendants") and the counterclaim of Additional Defendant ROBERT H. STURDY ("Sturdy"), awarding summary judgment to plaintiffs and the additional defendants (and/or their successors) to be the owners in fee to the center line of the Lagoon with respect to the portion of the Lagoon that abuts each of their respective properties, dismissing the Burrell-Perry Defendants' first and second counterclaims, dismissing Sturdy's counterclaim, and appointing a referee to determine the exact location of the property lines for each of the plaintiffs' bottomlands to the center of the Lagoon; (2) on plaintiffs' second cause of action, granting plaintiffs a deciaratiop that they,(and or their successors {gave. with r esoact to the Lauooi all of the rights of riparian owners. including the right to dredge the Lagoon to preserve reasonable access to Peconic Bay; and (3) on plalntifis' third cause of action, granting plaintiffs {and:_= tna,r successors) injunctivA, relief prohibiting the Burrell-Perr`f Ueren-lants from anv further interference with plaintiffs' (and/or their successors) attempts to dred�a Ih- Lago. , including portion of in= Lagoon const,"uting th�=_ 4n11,t (.,, r✓=<at�rs,; Gay iin its ent'I aty, is hereby DENIED for the reasons set forth hereinafter. The Court has received opposition to this application from the Burrell-Perry Defendants, as well as from Sturdy; and it is further ORDERED that this cross-motion (seq. #002) by the Burrell-Perry .Defendants for an Order, pursuant to CPLR 3025 (b), granting the Burrell-Perry Defendants leave to amend their answer', is hereby DENIED for the reasons set forth hereinafter. The Court has received opposition to this cross-motion from ' ._plaintiffs. , Y f + NASSAU POINT LAGOON, INC. v. BURRELL, ET AL. FARNETI, J. INDEX NO. 17139/2014 PAGE 3 I. The Pleadings (A) The Complaint In sum and substance, plaintiffs' first cause of action seeks a judgment, pursuant to Article 15 of the RPAPL, declaring the rights and legal relations between the parties as to ownership of the land under the waters of the Lagoon. Plaintiffs seek to have the Court declarb each of them the owners of the underwater lands adjacent to their properties to the midpoint of the Lagoon. There is a further request that the Court fix the exact property lines by appointing a referee for that purpose. The second cause of action seeks a declaration, pursuant to CPLR 3001, that the underwater lands within the Lagoon and Inlet (presumably the Channel) are burdened by a navigational servitude or other limitation upon their use that provides plaintiffs the right to use the waters of the Lagoon and to take any reasonable and necessary action to ensure reasonable access to Peconic Bay. The third cause of actior I seeks a permanent injunction enjoining defendants From unreasonably interfering or infringing on plaintiffs' right to use and access the avatars of the Lagoon. Plaintiffs faii to assert any allegations as to the nature of the defenli�l�rl',' " t�rF rence. oiith their rionli The olea,)inas file, ' ` ` ` e l 7iael�cJ 1��lit ql conflicts without stating non-hearsay allegations of any type amounting to inter;arence sufficient to justify the invocation of the Court's powers. It is questionable as to whether the matters presented rise to the level of a justiciable controversy. It docs not appear that any other individuaa or entity is maktnc.an adverse claim to title to the undeNvater lands of the Lagoon and Channel. However, there is appellate support for the proposition that another entity could assert such a position. The State contends that there is no justiciable controversy as to it because it has not claimed any right or interest in Stewart Pond. According to the State, the proper defendants are those members of the public who --- - have actually.asserted,the common-law right of public entry on navigable waters by fishing on Stewart Pond. 1 f ) �.- 'NASSAU POINT LAGOON, INC, V. BURRELL, ET AL. FARNETI, J. INDEX NO. 17139/2014 PAGE 4 The anglers would clearly be proper defendants in a trespass action (see, e.g., Adirondack League Club v Sierra Club, 201 AD2d 225, appeal dismissed 84 NY2d 978), but that does not necessarily preclude plaintiffs from pursuing the remedy provided by RPAPL article 15 against the State. Regardless of whether the State has formally asserted a claim that Stewart Pond is navigable and open to public use, this action against the State is proper if it appears from the public records, or from the allegations of the complaint, that the State might make such a claim (see, RPAPL 1501 (11) (Harrigan v State, 213 AD2d 80, 82-83 (3d Dept 1995]), Neither the State of New York nor the Town of Southold have been made a party to this action by the litigants., The Court is concerned with the characterization by the defendants of the-municipal entities as somehow disinterested in these proceedings. Unlike the Hanigan matter, there are no indicia of a claim by the State of any interest in the underwater lands of the Lagoon or Channel. As it pertains to the Town of Southold, the recent representatives of the Totem have sought not to contradict or challenge the assertion of private ownership. Under these circumstances, a controversy, ripe for ady-idication. is at the leas0lljisive. L71. inliT^ A^ r•7�1ir.. 1-..r..lr.,r'+r IL.,i 1L..... r.....__.... .1. 1 I_1.. ..1:... �- i r+..ulluily VV Vlafill—i IIV Y�{:YGI, UICtI UIC�/ i.JVJJ�rJJ VGI 6a4ft IIl�11.J Uue LV an alleged unbroken chain of title dating back to the year,1665. They further claim that there has never been an exclusion of the undelnvater lands in any of the con v ey,ances through 1/%/hick they claim their respecti-;a interests Plaintiff= a�Se i thet " hey as l natter o' labor`, possess ownership ;,itlerests to the celnt�r line of the Lagoon and Channel to the extent that their properties are adjacent to those bodies of water. It is apparently agreed and conceded that plaintiff 1663 Bridge LLC is the upland owner adjacent to the north side of the Channel, and that the Burrell-Perry Defendants are the upland owners adjacent to the south side of the Channel. The remainder of the plaintiffs and the additional defendants are upland owners adjacent to`the Lagoon. (B) First Counterclaim The Burrell-Perry DefendantsIlikewise allege a controversy concerning the ownership interest in and to the land under the waters of the subject Lagoon and Channel. , , i ..HSSAU POINT LAGOON, INC. v. BURRELL, ET AL. FARNETI, J. INDEX NO. 17139/2014 PAGE 5 r ' (C) Second Counterclaim The Burrell-Perry Defendants allege that dredging undertaken by or on behalf of the plaintiffs has undermined the lateral support of the Burrell-Perry Defendants' bulkhead and caused erosion of their upland parcel into the Channel, all to their detriment. a H. Burrell-Perry Defendants' Cross-Motion to Amend The Burrell-Perry Defendants by cross-motion seek to amend their counterclaims and assert an additional claim of ownership by adverse possession. While leave to amend pleadings may be freely given upon a motion to amend or supplement pleadings, it is required that "[a]ny motion to amend or supplement pleadings shall be accompanied by the proposed amended or supplemental pleading clearly showing the changes or additions to be made to the pleading" (CPLR 3025 [b]). The affidavit in opposition to plaintiffs' motion for summary judgment and in support of the Burrell-Perry Defendants' cross-motion to amend makes no reference to the proposed new pleading by exhibit designation or othenp/ise. There is a document labeled as an Amended Verified Answer annexed to the affidavit as Exhibit "H"; however it is in no manner verified nor are any amendments referenced by the affiants. Therefore. the cross-motion to amend is hereby DENIED for failure to comply N,,rith the necessary requirement (see CP K3025 {b] _E')cSi 1 �iii�.3ir' C 'i- oin. 'viersiiv 20, 1.=;• NY Clin On ��2$:1iI It (- r [Suo Ct, Kings County 2014]; Musachio v-Mvsachio 20'13 NY Slip Op 32088[U] [Sup Ct, Suffolk County 20'13]; Karl's Plumbing & Heatincl Co Inc v vellooi inc., 41 PAisc._3d 1223[A] [Sup Ct, Queens County 2012]). 111: Tactual/Procedural History and Plaintiffs' Motion for Summary Judgment Perry asserts that this litigation arises from the Town of Southold's grant of a dredging permit for the north side of the Channel adjacent to the 1663 Bridge LLC property. There was at the time of the motion and cross-motion a pending appeal of the Order of Justice Santorelli, which dismissed Perry's Article 78 challenge to the dredging permit. Justice Santorelli's denial of the Article 78 proceeding and dismissal of the action has been affirmed by Order of the Appellate Division, Second Department dated August 2, 2017 (see Matter of - Perry v Patricia A. Brennan Qualified Personal Residence Trust, 153 AD3d 522 [2d Dept 2017]). The Second Department did not reach the issue of ownership of .the underwater lands within the Channel. The dredging permit issued by the .OSAU POINT LAGOON, INC,,v. BURRELL, ET AL. FARNETI, J. INDEX NO. 17139/2014 PAGE 6 Board of Trustees of the Town of Southold authorized dredging of the northern half of the Channel adjacent to the 1663 Bridge LLC upland. Also, it would seem from the record that the current Channel as created in 1933 was brought into being as a result of the dredging of a portion of the upland owned without question by the predecessor to 1663 Bridge LLC. It is worth noting that the most recent dredging controversy concerned the Channel and not the Lagoon. It is not clear what the position of the Trustees of the Town,of Southold would be with respect to the Lagoon. Perry asserts the existence of triable issues of fact. Perry asserts a certified chain of title of all the lands under the water of the Channel based upon a certified search by Fidelity National Title Insurance Company (Exhibit "B" to Perry's Affidavit). Plaintiffs oppose this assertion by the Burrell-Perry Defendants in that prior conveyances to plaintiffs' predecessors undermines the deed upon which the Burrell-Perry Defendants rely. Plaintiffs contend the land went into private ownership before New York State took title to the public lands, and plaintiffs further contend that New York State did not take title to the land beneath the Lagoon. Neither New York State nor the Town of Southold is a party to this action. Parry further claims 'title to all the underwater lands of the Lagoon basad upon the assertion of the payment of taxes for a period of ten years The uncertified Property Record Card of the Town of Southold indicates upland acreage of 5.25 acres and an entry for the Lagoon of 7 acres for ,Which Perm has paid real property taxes The ownership interests of the Town of Southold devolve from the Andros Patent, and there is no legitimate claim beyond that patent with respect t^ underA/ater lands. The placement of lands in private Ownership is not bourne out by the score]. In a similar cas:. concerhi�ig undenivater lands 1, ithir`1 the Town of JUllthampton, fne C:ourt of Appeais h=_11c " As to the lands under water none were ever allotted or sold or made the subject of individual ownership. The absolute control and management thereof has been exercised by the.trustees from the Dongan charter to the present time (Trustees, etc. of Southampton v Mecox Bay Oyster Co., 116 NY 1, 12 [1889]). - It is recognized that,long=standing control and ownership of underwater lands by the sovereign cannot and should not be undermined by ,.rvASSAU POINT LAGOON, INC. v. BURRELL, ET AL. FARNETI, J. INDEX NO. 17139/2014 PAGE 7 untenable private assertions of title derived from imprecise assertions of prior conveyance. In the construction of a public charter granted for the purpose of creating a civil community, the practical interpretation it has received from and which has been acquiesced in by those interested therein for a long series of years, is the most important evidence in the determination of rights existing thereunder, and the strict letter of the instrument becomes of little importance. As to the lands under water embraced within said patents, the title remains in the town (!d, at 5). Perry further asserts that the Town of Southold recognizes and acknowledges Perry as the owner of the underwater lands of the Lagoon. The Exhibits attached do not acknowledge Perry as the owner but indicate that as of .June 22, 2011, the Town did not intend to challenge the assertion) that the underwater lands of the Lagoon were held in private ownership In addition, Perry simultaneously asserts deeded rights, as well as an adverse possession claim to the underwater lands of the Lagoon While Perry's motion to amend h►_ counterclaims to include a cause of action for adverse possession has been denied as set forth above, Perry's assertion of actions taken iiv liisii of uas (ii> behalf are instructive as to the nature of the relationship b-tvieen and among these parties, and the current tenor of the environment spa,, nirg this latesj installment of litigation. The 13ur;ali—PC;,y Defendants caUSed shellfish harvesting cornp,-_i ,i; =w be I•D,=lg_.J against third-parties with both Town and State la,v%' enforcement authorities. Perry admits to posting no trespassing signs, and claims no dredging has ever taken place within the Lagoon and Channel without his consent. Perry makes it a point to explain that in the past.there has been contribution by the Association to the cost of maintaining the bulkhead on the northern side of his upland abutting the south side of the Channel. Although Perry alleges that dredging causes a loss of lateral support to his adjacent bulkhead that results in erosion to the upland Perry property south of the bulkhead, he makes no allegation that any such dredging has ever occurred, let alone resulted in damage as he speculates. This theoretical concern is not the stuff of which justiciable controversy is made. R • y� r �. .,,,HSSAU POINT LAGOON, INC, v. BURRELL, ET AL. EARNETI, J. INDEX NO. 17139/2014 PAGE 8 Obviously, dredging below the depth of the bulkhead vertical sheets or planks may very well result in a loss of property behind the bulkhead. This can also be caused by gaps between the planks and general deterioration of the bulkhead due to age. In the process of opining about the possible effects of dredging, Perry explains that the upland bulkhead has not been replaced in over thirty years. He goes on to claim that it is entirely inequitable for plaintiffs to have the benefit of the Perry bulkhead to help keep the Channel open without contributing to its required maintenance by reason of°dredging and other damage. The fact is there is no proof in this record that dredging has caused any damage to the Burrell-Perry Defendants' upland or even that any dredging immediately adjacent to the Burrell-Perry Defendants' property has ever occurred. The Burrell-Perry Defendants oppose the plaintiffs' summary judgment motion in two respects: (a) lack of specific description in the instrument of conveyance into the plaintiffs; and (b) lack of title by reason of ownership of abutting property, Perry claims that none of the deeds into the plaintiffs contains a specific grant of the underwater lands adjacent to their properties. The afEidavlr of plaintiffs' expert, Lance Pomerantz, is silent as to the deeds to the propert+�° adjacent to the Channel. Pomerantz testified at the hearing regarding ka dredging permit that the under+,vater lands of the Channel +,vere not deeded to the adjacent property owners (see Exhibit"'G" to Perry's Affidavit). Perry concedes or r+rp r\t�\! t�llO the fly eifl 1 I_ an �Indmn,r-zf=e I.af-J� CTIA.." 3r..� talkes h p =i`_ nl ha` 1063 Bridge LLC hai t;iis t-, u i- - nf one-half the Channel due to the fact that it is an abutting landowner. Perry contradicts himself by claiming that th.are vias no center line obwnershio at common law. Perry fails to place that statement into context as to whether,the discussion includes man-mail- or natural viatei ways, navigable or noel-navigable or tidal or non-tidal �,+Jatepjvays, Perry further seeks to undermine 1663 Bridge LLC's claim of title by asserting that the deed into his predecessors only includes the lands under the waters of the Peconic Bay, not the Channel. He alleges that waters under the Channel are excluded by implication. This is somewhat tortured logic at best. There is an additional complication of the-analysis pertaining to the Lagoon and the Channel, in that the Coastal Survey of 1838 shows the Lagoon as completely landlocked without any,indication of a channel. Perry avoids any - mention of the fact that the original pond.appears to have been totally landlocked, and therefore if a single owner owned the entirety of the land around the waters that owner would have complete title to the land under those waters. If there r ' AU POINT LAGOON, INC. v. BURRELL, ET AL. FARNETI, J. No :X NO. 17139/2014 PAGE 9 were multiple owners adjacent to the completely landlocked body of water they would then own to the center line of the body of water adjacent to their respective upland. The same holds true if the body of water is non-tidal and/or man-made rather than naturally occurring. The surface usage of the water is a separate and distinct issue from ownership of the land underwater. Riparian owners have the right to maintain the waterway for the purpose of the reasonable use for which it was intended. This maintenance includes the right to dredge while balancing the rights of all adjacent and upland riparian owners. Whatever the nature of the interest of a riparian owner in the submerged lands in front of his upland bordering on a public navigable water, his title is not as full and complete as his title to fast land which has no direct connection with the navigation of such water. It is a qualified title, a bare technical title, not at his absolute disposal, as is his upland, but to be held at all times subordinate to such use of the submerged lands and of the waters flowing over them as may be consistent with or demanded by the public right of navigation (Lewis Blue Point Oyster Culdvasion Co, ii B4ggs,�229 US 82. 89 (19131, qL noting Scra^c�3 .,yrt7�:re�a t-79 U; 1 A a 163 1`19001). • uiiu!civvua.�r .IaQ4..�1rle nr %4Pernj s position as io•U t- Uvnes.tip Of a s . Lagoon other than the Channel is somewhat puzzling. He summarily claims they are his;'this asst imption seems co be based on his purported claim by adverse Possession!. This cra=m toes n}_; flid any support in the record. Perm fl.irther minim erstands the riparian righrs of the plaintiffs as to the Channel and Lagoon. Perry claims that there is no authority cited by the plaintiffs for the general assertion that the lands under the water of the Lagoon and Channel are held for the public trust. These arguments are somewhat disingenuous. The overarching issue is the desire of the Burrell-Perry Defendants to have the Association and its members dontribute to the cost of rebuilding the Burrell-Perry Defendants' bulkhead. Under the circumstances presented herein, the Court is unaware of any legal mechanism to compel contribution by the plaintiffs or the additional defendants. 1 ssAU POINT LAGOON, INC. v. BURRELL, ET AL. FARNETI, J. INDEX NO. 17139/2014 PAGE 10 r The Court is aware of a previous holding by Justice Paul Baisley, Sr. in a Memorandum Decision dated December 3, 1991, under Index No. 25110/ 1987, that contribution could,not be compelled between and among these parties and their predecessors. The 1987 action was commenced at or around the time the Burrell-Perry Defendants' bulkhead was completed. Perry is no doubt aware of this prior holding given that his predecessors-in-interest, including members of the Burrell (his wife's)family, were included among the plaintiffs in that case. The first undertaking is the characterization of the waters as they exist at the present time. As described by all parties, the Lagoon and Channel are both subject to tidal flow. There was at one time a natural inlet which was the sole means of access to the Lagoon. The new Channel was man-made and transverses Lot 108 of the subdivision, which is owned, by 1663 Bridge LLC. The Lagoon itself is a public waterway open to use by all (see Lagoon Association of !Nassau Point v Sturdy, Sup Ct, Suffolk County, Dec. 3, 1991 , Baisley, J., Index No. 25110/1987). The law is clear that the ,right to dredge eAfStS for upland riparian owners and that courts will intervene only to the extent of balancing the rights of other riparian and adjacent upland owners. Those seeking to reasonably maintain the waterway are required to act reasonably taking into consideration the riparian and property rights of affected upland riparian owners There is a prohibition against undermining an adjacent bulkhead or causing damage to adjacent or other upland riparian: property rights Giver~ the nature of marine bulkhead and dredging contracting, it is doubtful that any reputable marine bulkhead or dredging contractor %,vould undet take iii a , Ia.mar 101)--*v would undermine the integrity of an adjacent property owner's fast land No credible allegations to the contrary have been made b%j any party herein The hypoth,aticai Concerns of tlla paries do not conStiL. - ; .;s`lc able ;o ntrd/e�SIp The Burrell-Perry Defendants' Memorandum of La+,v asserts that the plaintiffs fail to demonstrate prima facie ownership of the lands under the Channel in the absence of any common-law rights, and that the deeds into plaintiffs preclude the•ownership. It is unclear from the Burrell-Perry Defendants' argument whether their contentions are .based upon the facts herein concerning the nature and character of the Lagoon. The Lagoon was once a landlocked body of water with no appreciable navigable access to the Peconic Bay according to the 1838 Coastal Survey. The centerline ownership argument could then be made if the body of water is or was fully.enclosed and unaffected by the tidal waters of Peconic Bay. None of the parties have addressed that issue sufficiently and in all likelihood with good reason, The Court has not been provided with any g.. p INT LAGOON, INC. v. BURRELL, ET AL, FARNETI, J. W0. 17139/2014 PAGE 11 sufficient non hearsay allegations of fact concerning the 180-year-old coastal survey. The deed-into-grantee argument is also problematic. It is well- settled that a grantee can not receive what the grantor did not possess to convey. There is an additional wrinkle in that the Channel at least anecdotally was originally formed by nature. There was a later man.-made expansion of the Channel; the parties do not address the issue of a man-made channel versus its natural occurrence. To further complicate matters, it would appear that the Lagoon has always been a tidal body of water subject to the ebb and flow of Peconic Bay. It would seem that at low tide in or around the early 1800's the Lagoon and Peconic Bay would be separated by a spit of land, but that at high tide the Lagoon and Peconic Bay would be connected, The Lagoon, by definition, was therefore subject to the tidal influence of Peconic Bay, and was and is neither a landlocked nor man-made body of water, The decd into plaintiff 1663 Bridge LLC conveys lands under the Peconic Bay by its terms The deed is silent as to a specific conveyance of lands under either the Channel or the Lagoon. The interpretation of the language of deeds as it pertains to the conveyance of underwater lands as either riparian or littoral in nature regUires an analysis of the predecessor deeds and the language dating to t;,e Original con ayanoa and each successiv- cemieya'nce i,!chain of of title. Self-serving ihsertions of a grantor not supported by the prior conveyances is of no consequence. Mccofding tv Yeri;r`. since plaintiffs failed to demonstrate Prima fay; the existence of ripariar, rv�nts the motion for summacy judgment should be denied. This argument s avrthout basis in law or fact. Riparian rights exist hers in as a matter of law in favor of plaintiffs, the Burrell-Perry Defendants, and the additional defendants, as well as their predecessors- and successors-in-interest. This case is solely about access and navigation and the right to reasonably dredge to maintain the quality and nature of the Channel and the Lagoon for the purpose of preserving the customary uses of the waterway. [T]he Supreme Court properly determined that the plaintiffs, as owners of property bounded by a navigable waterway, possess riparian rights, which include the right of access to the navigable water, and the'right to make this access a practical reality by building a pier, or "wharfing'out" f3:vim 1 FARNETI, J. 6INT LAGOON, INC. v. BURRELL, ET AL. p. 1713912014 PAGE 12 r= (Klein v Aronshtein, 116 AD3d 670, 671 [2d Dept 2014] [citations omitted]). However, at the present time, the Court is unaware that any party is being denied the right to dredge or the right to navigate either within the Channel or the Lagoon. In addition, Perry contends that Sturdy's claims are without merit. There is by Perry's argument no current issue in'controversy. Perry misses the point that riparian rights as a general concept exist.*'Any specific assertion of the rights for a particular purpose such as dredging is subject to a balancing of the rights of all riparian owners and the adjoining property owner whose property must be protected and preserved from being structurally undermined or damaged. Despite the assertion by the Burrell-Perry Defendants, financial contribution to bulkhead costs is not an issue within this action. No pleading is made on behalf of the Association seeking contribution or participation by the members of the Association or any other riparian owners not members of the Association. Perry further claims that no governmental entity has an interest in U 18Se waters. The Court is not of that opinion. The United States, the State of Nee/ York, and the Town of Southold all have an ongoing and continued interest in the Channel and Lagoon. The Army Corps of Engineers, the ivew York State Department of Environmental Conservation, and the Town of Southold all have an interest in the Channel and Lagoon. There is no evidence in this record that n n n n� �fY�L' th i governmental entiiv has rValvcd itS reSpe�tl°lam 1�I,.r.,St, _J. • �'- municipal, state o: federal sovereign may be bound or estopped based upon the alleged agreement or acquiescence of an individual purporting to represent entity. A single representative or member of government cannot bind future assertions of goner i(mental,interest in the nature of collateral `eStop1p_7-1 (cmc K'arecies v Colada, °100 iNY2d 45 [2003]. CharzerSc v ;{OrAppliad T; c;J. �_1:-: ;dcli:< i0r City Sch Dist of City,of Buffalo, '105 AD3d 1460 [4th Dept 20131, ,Matter of Newburgh v McGrane, 82 AD3d 1225 [2d Dept 2011]). The Town's expressed intention not to oppose the assertion of private ownership without more in no way binds or hinders the Town or any other branch of government from asserting its interests, regulatory or otherwise. There is no current controversy of which the Court is aware as be and among the riparian owners. This action is born of frustration in an understandable but misguided attempt to have this Court issue an advisory - opinion concerning a controversy that may or may not occur in the future. Such a finding would not only be inappropriate but would serve no purpose for any actual future controversy would be subject to-the assertion ,of the rights of the parties 3° LAGOON, INC. V. BURRELL, ET AL. FARNETI, J. k" '139/2014 PAGE 13 then affected and to be balanced by the court. That issue does not currently exist. The plaintiffs failed to establish, prima facie, their entitlement to summary judgment on the complaint insofar as asserted against the PPA since the evidence proffered was insufficient to demonstrate, as a matter of law, an unreasonable interference with their riparian rights (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853, 476 NE2d 642, 487 NYS2d 316 [1985]; Town of Hempstead v Oceanside Yacht Harbor, 38 AD2d 263, 264, 328 NYS2d 894 [1972], affd 32 NY2d 859, 299 NE2d 895, 346 NYS2d 529 [1973]). In any event, we note that the PPA raised issues of fact, inter aiia, as to the level of interference, if any, with the plaintiffs' right of access to navigable waters (see Town of Hempstead v Oceanside Yacht Harbor, supra) (Zupa v Paradise Point Assn,, Inc., 31 AD3d 538, 538 [2d Dept 2006]). Tha Burrell-Per,� Defendants' and the plaintiffs' assertions are contradicted by Sturdy as to the meaning and efficacy of the earliest transfers as between the Indian grantors, the Colonial grantees, the State of New York, the Trustees of the To,,tm of Southold-and any successor grantees •ti�- a +- 'is= I V , aL... f7.+++..IP -.... D..-fe-..! -to n..rf^finn C 1�-. iiillC tCQI Cil l OUSJ}111!LCt,I 1J� U IC LJUI f G11'1 CI I y L.1 GI C 11'st�+,t.� vv+t +u+v only to the dredged canal (the Channel), and by its terms is subject to: Fight_ of thit I nitz--d Statz's Governmeln' tc -.stablish harbor, bulkhead or pierhead lines of to a.-range or alter any such existing lines and to remove or compel the removal of fill and improvements thereon including buildings or other structures, from land now or formerly lying below the high water mark of Great Peconic Bay, the Lagoon and the Canal without compensation. Riparian rights and easements of others over the Great Peconic Bay, the Lagoon and the Canal, however, this search dohs not insure,.any riparian rights or easements in favor of the owner` of the premises herein. --'` FARNETI, J. —SSAU POINT LAGOON, INC. V. BURRELL' , ET AL. PAGE 14 INDEX NO. 17139/2014 Rights of the United States Government, The State of New York and County of Suffolk, Town of Southold, or any of their departments or agencies to regulate and control the use of the piers, bulkheads, land under water and land adjacent thereto (see Exhibit "B"). There is no similar analysis shown for the underwater lands of the Lagbon. IV. Sturdy's Submission Sturdy submits a Memorandum of Law in opposition to plaintiffs' motion for summary judgment and in support of Sturdy's "motion" for summary judgment. Sturdy requests summary judgment in his favor in the body of his submission but fails to properly notice a cross-motion for summary judgment. Sturdy's papers are accepted by the Court as opposition to the present motions of the other parties herein. Sturdy requests summary judgment in his memorandum as follows: (1) on Sturdy's counterclaim, plaintiffs' first cause of action, and the first and second counterclaims of the Burrell-Perry Defendants, awarding summary judgment to Sturdy declaring the lands under the Lagoon and the Natural Inlet to the high waterthe Pomerantz affidavit) to be owned by the sovereign submitted as Exhibit "C" to so ereign held in trust for the public, and not any private landowner, whether that sovereign be the State of New York or the Town of Southold, dismissing plaintiffs' first cause of action and the Burrell-Perry Defendants' first and second counterclaims; (2) on plaintiffs' second cause of action, granting plaintiffs (and presumably the defendants too) a declaration that they (and their successors) have, with respect to the Lagoon, all of easonablee rights f access to Peconic Bay;arian owners, iandhe right to dredge the Lagoon to preserve (3) on plaintiffs' third cause of action, granting plaintiffs.(and their successors) (and presumably the other defendants and their successors) injunctive relief prohibiting the Burrell-Perry Defendants from any further interference with plaintiffs' (and their successors) attempts to dredge the Lagoon, including the portion of the Lagoon constituting the inlet to Peconic Bay in its entirety. f _aAgtp -. 0, P_FVN6EX �sAU POINT LAGOON, INC. v. BURRELL, ET AL. FARNETI,-J. NO. 17139/2014 PAGE 15 The Second Department has clearly stated that: Since [defendant] failed to serve the plaintiffs with a notice of cross motion (see, CPLR 2215), it was not entitled to the affirmative relief requested in its September 7, 1993, affirmation in opposition to the plaintiffs' cross motion (see, Matter of Barquet v Rojas-Castillo, 216 AD2d 463; Siegel,, Practice Commentaries, McKinney's Cons Laws of NY, Book 713, CPLR C2215:1, at 1,24) (Thomas v Drifters, Inc., 219 AD2d 639, 640 12d Dept 1995]). Sturdy's requests for summary judgment are therefore DENIED in the absence of a properly noticed cross-motion. Sturdy's submission while observational in tone does impact upon the Court's legal analysis. In reference to the`inlet or Channel, it is asserted that a portion of the Channel is upon lands owned by 1663 Bridge LLC as having been conveyed into private ownership before the Andros Patent. It is further alleged that since April 1, 1994, the Town of Southold has taken the position (precisely how that legal position has been taken is unclear) that the Lagoon and entrance are privately owned. In or about June 22, 2011, the Town stated that'it would not challenge private ownership of the Channel and Lagoon. Sturdy alleges that regardless of the fact that the Town conveyed title to William Wells in 1667, the Town had no ownership interest for the purpose of conveyance from a public to a private entity until the Andros Patent, which did not issue until 1676, nine years later. While certainly an interesting historic note, the more important issue according to Sturdy concerns what in fact was conveyed. Did the Andros Patent convey lands under the waters to the Town of Southold? The New York State Attorney General in a similar case within the confines of the Town of Southold has taken the legal position that the Andros Patent did in fact convey the underwater lands to the Town of Southold: Plaintiffs assert that there is no evidence supporting the Tuthill estate's claim that School House Creek is a man-made body of water. They assert that School :-WT` .P :Ri+�Y:N N•-+ y sAU POINT LAGOON; INC: \i7BURRELL, ET AL. FARNETI, J. ' NDEX NO. 17139/2014 PAGE 16 House Creek, in fact, is a tidal body of water; that ownership of land under tidal waters must be traced back to when the English Crown claimed ownership of all land in the early colonies; and that, under a land grant known as the Southold Patent, issued in 1676 by the Duke of York's appointed agent, Governor Edmund Andros, title to tidal bodies of water and marshes located within the area of Southold was granted to the k Town's Trustees {Schultheis v Estate of Tuthill, 2012 NY Slip Op 30556[U], at **3 [Sup Ct, Suffolk County 2012]). While the evolution and devolution of the competing claims and rights is certainly interesting from a historical perspective, the Court herein is concerned with the fundamental principle that riparian rights do not impact upon title. As noted, regardless of title to the underwater lands there are certain rights which are not dependent upon title to the underwater lands for the purpose of asserting riparian protections by upland owners. The logical progression of that concept leads the Court to conclude that for the purpose of resolving certain riparian controversies, the determination of title to the underwater lands is unnecessary and may in fact be irrelevant to the determination of riparian rights in a particular controversy. Here, the Court is faced with competing RPAPL Article 15 requests for determination for no real issue in controversy. The determination of title to the underwater lands in no way diminishes or increases the assertable rights of upland riparian land owners at least as to the issues set forth by the parties herein. The parties and indeed the sovereign non-parties, namely the State of New York and the Town of Southold, are not contesting title to the underwater land. It is as if the plaintiffs and the Burrell-Perry Defendants are attempting to manufacture a controversy where none currently exists. I think that if the grant had been intended to include lands under water language appropriate to effect that purpose would have been employed, as in many of the colonial grants and charters which have been brought before the courts for construction. In De Lancey v. Piepgras, 138 N.Y. 26, 33 N.E. 822, it was held that a patent from the crown of Great Britain issued in 1666 creating the Manor of Pelham and conveying a tract of i �'LJ POINT LAGOON, INC. v. BURRELL, ET AL. 'FARNETI, J. EX NO. 17139/2014 PAGE 17 land upon the mainland bounded by Long Island Sound, with all the islands in the sound not previously granted or disposed of, lying before the tract upon the mainland, did not pass title to the land under water adjoining the islands referred to. Nor does the reference in the Symes grant to the "Pooles Ponds Waters Watercourse Rivers Rivoletts Runns & Streams of Water Brooks ffishing," etc., operate to enlarge the grant so as to include the lands underwater here in question, inasmuch as all of the words quoted are limited and qualified by the phrase "within the Bounds and Limitts aforesaid." Sage v. Mayor, 154 N.Y. 61, 47 N.E. 1096. The case of Starke-Belknap v. N. Y. Central R. R. Co., supra, is, distinguishable in that the royal grant there under consideration by its express terms included "ferries" and _ "the fishing in Hudson's River, so far as the bounds of the said lands extend upon the same." It was held in that case that'the use in the grant of the terms quoted warranted the lower court in finding that the grant included the coves and bays which were appurtenant to the upland. I have considered with care the arguments advanced and authorities cited in the briefs submitted by counsel for the Symes Foundation and the Victory Dry Dock Company, but am unable to agree with their conclusion that the grant here in question included lands under water. The question whether the Symes grant included lands under water was not so involved in Smith v. Staten Island Land Co., 175 A.D. 588, 162 N.Y.S. 681, or in the unreported case of Crown Lands Corporation of Staten Island v. Corbin Land Co. as to make the decisions in those cases controlling in the instant case (In re City of NY, 116 Misc 179, 183-184 [Sup Ct, Kings County 1921]. There are different methods of analysis employed by the courts with respect to the conveyance of underwater lands. There are general principles applied. When reference was made within the grant to a body of water, the conveyance was valid only to the high water mark and any conveyance of the foreshore was deemed void, even where a specific grant of the foreshore was attempted. The courts recognized that certain lands were incapable of transfer to ;: Li POINT LAGOON, INC. v. BURRELL, ET AL. FARNETI, J. EX NO. 17139/2014 PAGE 18 r 8 private interests in the absence of some public purpose. In this case, an express transfer was voided. The general rule is that where the boundary of a Crown grant is a body of navigable water, it runs from the high water mark. It was said in Matter of Mayor, etc., of New York (182 N.Y. 361, 365): "While the king had the power to convey the tideway on the shores of the high seas } and navigable rivers, he will not be presumed to have done so by merely bounding the conveyance upon the sea or the river; such conveyance will carry title only to high-water mark. Other words must be employed in the conveyance which would clearly indicate his purpose and intent to convey the lands under water in order to pass the title thereto' (In re CITY OF NY, 281 AD 315, 328 [1 st-Dept 1953]). x The Second Department in N. Hempstead v Eldridge, 111 AD 789 (2d Dept 1906), after a thorough examination of the history of the boundaries between what are now Jamaica, Flushing and Hempstead, found that in the absence of any specific grant of underwater lands, the application of concepts of interpretation and'construction including lines to be drawn by direction (i.e., south, north) were interpreted to mean along the coast and not truly straight, unwavering, as the crow flies lines. If the waters and the lands were not mentioned or specifically conveyed, the court reached its result as follows: My conclusion is that the land under water described in the complaint is not included within the boundaries of either of the Colonial patents to the town of Hempstead, and is not shown to be the property of the plaintiff, and for this reason the complaint should be dismissed (N. Hempstead, 111 AD at 801). As to the issue of Indian deeds, the courts have held that it was the grant of the Crown that was controlling, and that the various Indian transfers were subject to more formal grants of the Crown and the sovereign: But Indians could, by themselves alone, create no lawful claim. (Town of Southampton v. Mecox Bay Oyster Co., -W_�_Wr; � ,6AU POINT'LAGOON, INC. v. GURRELL, ET AL. FARNETI, J. NDEX NO. 17139/2014 PAGE 19 116 N. Y. 1, where the same proviso was in the patent; Clarke Estate v. City of New York, 165 App. Div. 873.) The Duke of York's Laws (March 1, 1665) (1 Colonial Laws [Comp. Stat. Rev. Comm.], 40) provide: "No Purchase of lands from Indians After the first day of March, 1664, shall be Esteemed a good Title without leave first had and obtained from the Govemour and after leave so obtained, The Purchasers shall bring the Sachem and right owner of such Lands before the Governoure to acknowledge satisfaction and payment for the said Lands whereupon they_shall have a grant from the Governoure And the Purchase so made and prosecuted is to be entered upon record in the Office & from that time to be valid to all intents and purposes." The Colonial Laws (Vol. 1 [Comp. Stat. Rev. Comm.], p. 149, chap. 9), October 23, 1684, also provide: "noe Purchase of Lands from the Indians shall bee esteemed a good Title without Leave first had and obtaineid from the Governour signified by a Warrant under his hand and Seale and entered on Record in the Secritaries office att New Yorke and Satisfaction for the said Purchase acknowliged by the Indians from whome the Purchase was made which is to bee Recorded likewise which purchase soe made and prosecuted and entered on Record in the office aforesaid shall from that time be Vallid to all intents and purpoases." The parties have introduced many Indian deeds and none of them covers the locus in quo. 1t is not presumable that Indian deeds covering the place have been discovered and withheld from the court. If any Indian deed known to exist includes the parcel, the court, in the absence of overruling adverse evidence, could infer from the record of it title in one claiming under it. But if none of the deeds covers the locality, it should not be imagined that the Indians made other grants that did, and base on that fancy a presumption of confirmation, to the end that the plaintiff be compelled to show affirmatively that such is , not the fact. That would be piling a supposition upon a hypothesis and requiring the plaintiff to prove its non-existence. There must be, as regards the proviso, some point of at least momentary rest for the town of �,. ti�.Ljly�[rda.bi.D,a •. (. 71 ,-":�3AU POINT LAGOON, INC. v. BURRELL; ET AL. FARNETI, J. : -:;ADEX NO. 17139/2014 PAGE 20 Oyster Bay and those claiming under it. Otherwise, no one could ever trace title to the Andros patent. The person in possession in such case could always object that the claimant had not looked far enough, and that further search would discover that, before 1677, the date of the patent, there had been a prior conveyance of the beach falling within the proviso. So search would never be definite, although in reason nothing discoverable could be expected. Two Indian deeds are invoked to show title out of the plaintiff (Oyster Bay v Stehli, 169 AD 257, 259-261 [2d Dept 1915], affd 221 NY 515 [1917]). The case law contains references to the recording of Indian deeds not for the purpose of conveying title for the completeness of chains of title, but often as confirmatory documents as to what was intended to be transferred. The descriptions of the contents of the Indian deeds was used by subsequent grantors and grantees as evidence of the extent of future conveyances and was looked to assist in the resolution of disputes as to ownership often in the context of actions for ejectment or trespass. "The said John Palmer also obtained a deed from the Indians, covering the same property as described in this patent, which 'deed is dated October 6, 1685, acknowledged October 9, 1685, and recorded at the request of Captain Palmer on the 27th day of October, 1685. This Indian deed was executed by the marks of two Indians named Pamon and Tackpousha" (Jamieson & Bond Co. v Reynolds, 174 AD 78, 83 [2d Dept 1916]). Where there are conflicts between deeds and patents, the courts have interpreted the intentions of the grantor and grantee in certain circumstances. The courts have considered antecedent conveyances to identify the point at which a grantor may have taken liberties in conveying that which had not been previously conveyed (see Oyster Bay, 169 AD 257). Moreover, the New York State Constitution as it existed in 1777 placed limitations upon the ability to contract for the purchase of land from Indian tribes. However, as to existing transactions with Indian tribes there was a saving clause, to wit: Section 36, to preserve prior dealings, and Section 37, a prohibition against future purchases. There was no federal constitution in effect to prohibit the impairment of contracts until March 4, 1789, the effective date of the United States Constitution (see Pharaoh v Benson, 69 Misc 241 [Sup Ct, Queens County 1910]). ..7SAU POINT LAGOON, INC. v. BURRELL, ET AL. FARNETI, J. WDEX NO. 17139/2014 PAGE 21 There has been proffered a general proposition that the Towns derived their title to lands from the Andros and Dongan Patents, the respective governors at the time of the issuance of the patents. However, both the Andros and the Dongan patents purport to be confirmatory of existing rights, and the Andros patent contained the recital: "Whereas there is a certain Towne in the East Riding of Yorkshire upon Long Island commonly called and known by the name of South Hampton," etc. That charter was evidently granted to secure from the town recognition of the authority of the Duke of York. It appears that an order was made by the General Court of Assizes under Governor Nicolls in 1670, requiring the towns of Southampton, Southold and Oysterbay to give their reasons why they had delayed having their grants or patents renewed or confirmed. The rights of the original settlers were recognized and confirmed by the Andros and Dongan charters, and any divisions of the common lands made prior thereto do not appear thereafter to have been questioned. However, in view of the fact that under the Andros and Dongan charters the legal title vested in the body corporate and not in the equitable owners, it would seem that partition could not be made as among tenants in common, but that a transfer by the holder of the legal title was necessary to vest title in the allottees (See Sanger v. Merritt, 120 N.Y. 109, 24 N.E. 386), and it may well be doubted whether land could be transferred by parol after the Andros charter (Shinnecock Hills & Peconic Bay Realty Co. v Aldrich, 132 AD 118, 122-123 [2d Dept 1909]). Where there is conflict as to what was intended by a prior grantor and grantee, the courts have always been mindful of the inexactitude of prior dealings. In the words of Justice Humphrey of the Nassau County Supreme Court, "[i]t is not easy to find out what was running in the minds of men more than two hundred years dead. The best we can do is to review what they said; what they put into writing, and give some reliance on what the historians say of them" (People v Foote, 141 Misc 409, 410-411 [Sup Ct, Nassau County 1931]). J ' Yet .,6AU POINT LAGOON, INC. v. BURRELL, ET AL. FARNETI, J. ,NDEX NO. 17139/2014 PAGE 22 V. Conclusion On a motion for summary judgment the Court's function is to determine whether issues of fact exist not to resolve issues of fact or to determine matters of credibility (see Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395 [1957]; Tunison v D.J. Stapleton, Inc., 43 AD3d 910 [2007]; Kolivas v Kirchoff, 14 AD3d 493 [2005]). Therefore, in determining the motion for summary judgment, the facts alleged by the nonmoving party and all inferences that may be drawn are to be accepted as true (see Doize v Holiday Inn Ronkonkoma, 6 AD3d 573 [2004]; Roth v Barreto, 289 AD2d 557 [20011; Mosheyev v Pilevsky, 283 AD2d 469 [2001]). The failure of the moving party to make such a prima facie showing requires denial of the motion regardless of the insufficiency of the opposing papers (see Dykeman v He 6el?22D3d 767 2 AD2d 547 [1]; Shepard-9 5])pOn a the v King, 10 AD3d 70 [2004]; Celardo v , movant's burden is met, the burden shifts to the opposing party to establish the existence of a material issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; Winegrad v New York Univ. Med. Ctr., 64 NY2d 85111985]; Zuckerman v New York, 49 NYS2d 557 11980]). However, mere allegations, unsubstantiated conclusions, expressions of hope or assertions are insufficient to defeat a motion for summary judgment (see Zuckerman v City of New York, supra; Blake v Guardino, 35 AD2d 1022 [1970]). Given the labyrinth of Indian, Colonial, State, Local and Federal legal concepts and analysis, this Court concludes that no parry herein Has sufficiently asserted any current infringement of a justiciable right or any immediate likelihood of the infringement of any such right. Furthermore, this action is rife with unanswered questions of fact. Summary judgment is clearly not warranted in the circumstances. Accordingly, plaintiffs' motion for summary judgment is DENIED. The foregoing constitutes the decision and Order of the Court. Dated: December 12, 2017 4qg EPH FARNETI Justice Supreme Court FINAL DISPOSITION X NON-FINAL DISPOSITION •• • • '- • • •• a • - • • �. • • • 1 i A "- 1663 Bridge Ln w Google Earth N A Y ,�{ oe", S ,ow 7 v . 663 Bndge to Google Earth N JUN 8 2018 'O Rim 21124A •• • • •• . • • 111 1. i Client: 1663 Bridge , LLC .ocation: 1663 Bridge Lane, Cutchogu-, .1Y 11935 Date: February 6, 2018 Photo 3., i O,C1 Photo 4 i L IF TL:, e Prepared by �JUN - 8 2018 os ello Marine Contracting Corp. 4 . �n ithnl Town 3 14, eenport,NY 11944 (631)477-1199 Phone (631)477-0005 Fax �� 2 Client: 1663 Bridge , LLC �ocation: 1663 Bridge Lane, Cutchogu,., .IY 11935 Date: February 6, 2018 Photo 5 .. Photo =� 6 r: K V. RIM- Prepared b : JUN 8 2018 s ello Marine Contracting Corp. 4 3 5th Street PO Box 2 4, eenport,NY 11944 (631)477-1199 Phone (631)477-0005 Fax ,;roithold Town -,^ t 3 I a Client: 1663 Bridge , LLC _ocation: 1663 Bridge Lane, Cutchogu-, .1Y 11935 Date: February 6, 2018 Photo 7 ` f . Eff OF Photo - _ 5 LI I rr( 6 T � / i S •_ ,_ row, �__ i i $y v Prepared y: JUN - 8 2018 Cc stello Marine Contracting Corp. 123 5th a n 124,Greenport,NY 11944 (631)477-1199 Phone (631)477-0005 Fax - ,-`Tn 4 ' N SEE SEG 111 Rlll \ UNE_ 'O 3.6 ' pn PbeO . 31 TOWN an yea 0,0 1.2A(c) ,el , �� � eO • `r. A C 4.2 &GAW 114 � �Q r q, � $ o � \�O Bim/ x yh o Jb + s 1cr Ilk, emu COUNTY OT SUFFO © TNan W roperty NOTICE LK K spM N • ��wr a ax Sernce Agency v U� „�E 118 OFFICE LOCATION: �,�OF SOU��® MAILING ADDRESS: Town Hall Annex �® �® P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.,Main Rd. &Youngs Ave.) Southold, NY 11971 � a� Telephone: 631765-1938 ® Fax: 631 765-3136 COUi LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Date: August 6, 2018 Re: LWRP Coastal Consistency Review for 1663 BRIDGE, LLC, c/o DONALD BRENNAN SCTM# 1000-118-2-4.2 Costello Marine Contracting Corp. on behalf of 1663 BRIDGE, LLC, c/o DONALD BRENNAN requests a Wetland Permit to remove existing boat whips, fish cleaning station, jet ski lift, and ladders from deck; remove existing ±125' x±13.5' deck along bulkhead, existing ±125' long bulkhead, and existing east and west bulkhead returns completely; construct a new±125' long vinyl bulkhead with a 13' long east return and a 12' west return in-place; construct a new 125'x13.5' wooden deck along bulkhead in-place; backfill and re-grade areas landward of bulkhead and new deck so that new deck matches the existing grade; reinstall existing jet ski lift, ladders, fish cleaning station and boat whips on deck; install two (2) new 8" diameter mooring pilings; and for the existing water and electric services, and existing 15'x18' shed to remain. Located: 1663 Bridge Lane, Cutchogue. SCTM# 1000-118-2-4.2 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 proposal to reinstall the existing jet ski lift, ladders, fish cleaning station and boat whips on deck and 15'x18' shed is INCONSISTENT with LWRP Policy 6, specifically 6.3 (below) and therefore, INCONSISTENT with the LWRP. The following needs to be addressed. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. Although a 1994 Survey found in the Town's laser fiche system shows a dock and boathouse, no Wetland Permits were found in Town records for the structures and accessories. } The 1,687.50 square foot deck/platform located within Board of Trustee jurisdiction is oversized and does not comply with § 275-11. Construction and operation standards. A platform is defined as a deck. Platforms. (b) Platforms may not exceed 200 square feet and must be landward of the top of bluff. The proposal to construct new bulkheads is recommended as CONSISTENT. Turbidity controls are recommended Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Damon Hagan, Assistant Town Attorney =r �%ofFOtk Peter Young,Chairman ti -� Town Hall,53095 Main Rd. Lauren Standish,Secretary P.O.Box 1179 Southold,NY 11971 Telephone(631)765-1889 Fax(631)765-1823 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Thurs., August 9, 2018 the following recommendation was made: Moved by Peter Meeker, seconded by Peter Young, it was RESOLVED to SUPPORT the application of 1663 BRIDGE, LLC C/O DONALD BRENNAN to raise the existing boat shed to allow removal of the 125'X.13.5' existing deck, 125' existing bulkhead, existing and west returns completely. Construct a new 125' bulkhead with a 13' east return and 12' west return in-place raising the top elevation of bulkhead +6". Construct a new 125X 13.5' wood deck, in-place. Reset existing boat shed in-place at new elevation providing new supports below as needed. Modify and replace rear ramp to boat shed. Install two new 8" mooring pilings. Located: 1663 Bridge Lane, Cutchogue. SCTM#118-2-4.2 Inspected by: Peter Young, Peter Meeker The CAC Supports the application with the Condition no animals are kept in the cage. Vote of Council: Ayes: All Motion Carried Michael J.Domino,President ��OF S0(/r�o Town Hall Annex John M.Bredemeyer III,Vice-President �� lQ 54375 Route 25 P.O. Box 11 Glenn Goldsmith 1 J Southold,New York 11971 A.Nicholas Krupski G � 0 Telephone (631) 765-1592 Greg WilliamsycOU O Fax(631) 765-6641 � NTY,�� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD To: Southold Town Building Department Re: Verification of Building Department Permit Requirements SCTM#: 'cL - ge 0-,, Property Owner Name: /6/03 &649-�7 C L G0 CA d�n CA.-W-AMA- L:14 Date Sent to Bldg. Dept.: 7 The Office of the Board of Trustees is forwarding the above referenced application for verification of the Building Department's permitting requirements stated below: YES/ NO Will thero osed project require a Building Permit AS pLr- aine�de.d. p14.ns' rett veA Will the proposed project require a variance deter enation from the Zoning Board of Appeals? Will any part of this application be considered as Demolition as described under Town Code? COMMENTS: CC�SSdY1 S f , �o d� + nay �s a�-d s��- ° , I I ���b &n >� 8n 161 ONJA -1/14414,4 . - �I/' /)� gnature o Reviewer Date MR16 X17► 1�1%�: : � 1 ' � ��1 E C E I f E July 17, 2018 IDDj JUL ] 7 20]8 Mrs. Elizabeth Cantrell Southold Town Trustees Soumid Town PO Box 1179 Southold,NY 11971 RE: 1663 Bridge,LLC 1663 Bridge Lane, Cutchogue SCTM#1000-118-2-4.2 Dear Elizabeth: Enclosed you will fmd four copies of revised plans illustrating the following changes. In our original application we proposed to raise the bulkhead 6 inches. We are now proposing in-kind, in-place replacement of the existing bulkhead with no change to the elevation. Once the bulkhead is reconstructed the area behind the bulkhead will be backfilled and regraded so that the decked area matches the existing grade. The existing shed will not be lifted or elevated as previously proposed. If you or any board members have any questions or concerns regarding these changes,please do not hesitate to contact me. Sincerely, Jane P. Costello Permit Manager enclosures 111 eiee ee len . a e1e_ � I , COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING • JETTIES • BULKHEADING • STEEL&WOOD PILING • FLOATS 423 FIFTH STREET • P.O. BOX 2124 GREENPORT, NEW YORK 11944 (631)477-1199/477-1393/477-0682 • FAX(631)477-0005 June 27,2018 f]Dil� -� '� �� E Mrs. Elizabeth Cantrell ! _ Southold Town Trustees JUN 2 9 2018 PO Box 1179 Southold NY 11971 ' e r' f 1�; +• RE: 1663 Bridge,LLC Brennan Property- 1663 Bridge Lane, Cutchogue Dear Mrs. Cantrell: Enclosed you will find four copies of revised plans stating in the project description that the existing boat shed is 15'x18' and the existing ramp leading to the boat shed is 7'x8'. Also stated is that the existing water and electrical service will remain. This written description was missing from our original plans. I am also enclosing a copy of the recently issued NYSDEC permit allowing the work currently being proposed to the Town Trustees. As always if you have any questions or concerns,please do not hesitate to contact me. Sincerely, �u ane P. Costello Permit Manger enclosures John M.Bredemeyer III,President Town Hall Annex 54375 Plain Road Michael J.Domino,vice-]President P.0.13ox 1179 James F.King,Trustee Southold;N6w York11971.0959 Dave Bergen,Trustee Telephone"(631)'.765-1592 Charles J.-Sanders,Trua_tee Fax(631)-765=6641 )i BOA,111D OF TOWN TRUSTEED � TOWN OF SOUTHOLD �`�'. Office�Jse Only ESOUthold Coastal Erosion Permit Application�Wetiand Permit Application - Administrative Permit 2018/ AmendmenUTransr/ ension V Received Application: 7711 - u TowneivedFee:$ &�a6 '� .rCompleted.Application , Incomplete_ ;SEQRA Classifica on: Type I' Type II V 'Unlisted " Coordination:(date sent) WRP Consistency Assessment-Form CAC Referral Sent: N-VIE- Rec Date ofInspection: _ eipt of CAC Report: _Lead Agency Determination: ra ___Technical Review:__, Is�� Z/ Pdblic Hearing Held: I_ Resolution.• Name of.A'Ppl1663 BRIDGE,LLC C/O DONALD BRENNAN ;& Mailing Address 26 REMSEN STREET,BROOKLYN,NY ,11201 Phone Number:( ) (917)568-6525 £' Suffolk County Tax Nlap Number: 1000-118-242e s Property Location: 1663 BRIDGE LANE,CUTCHOGUE,NY 11935 (provide LILCO Pole.#,distance to cross streets,and location,) ` AGENT:COSTELLO MARINE CONTRACTING CORP. (If applicable) Address:,:PO BOX 2124,,GREENPORT,NY.11944 "4 Phone:(631)A77-4199, ^ `Y Board of. iiigteee Apphiaatcion GENERAL DATA Land Area(in square feet):248;364 SOUARE,FEET AreaZoning:R=40,"12ESIDENTIAL Previous use ofproperty;SINGLE FAMILY;RESIDEN,CE ; Intended use of property-.SAME.-NO USE CHANGE , Covenants and Restrictions,on property? Yes X No If`-`Yes",pleaseprovide,a copy. Will'this project require a.Building Perinit as,,per Town Code? Yes X No J "Yes",be advised,this application will,be reviewed bythe,Building Dept,prior-to a•Board of Trustee review and Elevation-Plans will be required. Does this -require a variance from the Zoning Board-of Appeals? Yes ;?�, No if"Yes',please-provide copy of decision.'. Will this project require any demo_lition as per Town Code-oras determined by the-Building,D,ept.? Yes •X _.No bods,thestructure`(s)on property have,a valid Certificate of Occupancy? X Yes' No Prior permits/approvals for site improvements: Agency , Date Southold Tr stees Permit#5152 4/24/00 Southold Trustees Permit 9273 ,-,' 1/29/86- DEC Permit#E14738&02619/00001 8/22%00. - No prior permits/approvals for site improvements. Has any permit/approvalever been revoked pr,suspended,by-a goventinental agency?- . X No. Yes If yes,provide explanation: = z oject Description(u`s'e'_attaclimerits if necessary): - liaise ezistingfboat shed to,,allow>reinoyal ofthe`1°25'z13.5','egisti�zg deck;125' existing';b'ulkhead,,, , existing east>an'd:west"returns completely:':Construct a'new 125!bulkhead with a 13' east,return and 12!west return in=place raieiij-ihe,top elevation of bulkhead+6"~_Construct anew 125'x13:5'-wood deck,.in=place: Re"set;ezisting boatshed in-place of new.elevatiori providing"new§upports.below.a's ;.-, , needed: Modify:and replac`e�rear=rain to ioat-ashed ''`Install two new 8"'moociiig piling_: Board of,,-Trusts®s Apphicat'ion WETLAND/TRUST—ANDS APPLICATION;DATA ; Purpose,of the.proposed;operations:;TO REPLACE AN EXISTING AGED–, ; BULKHEAD TO'ENSURE THE INTEGRITY.OF THE UPLAND., „ . Area of wetlands on,lot:- square.feet Percent coverage of lot:_ N/A 6/6 Closest distance between;nearest existing structure and upland edge ofwetlands: -Mfeet ; Closest distance-between nearest proposed structure and upland" edge of wetlands: "NIA feet Does the project involve-excavatiori'or'fillrng? X' No,- Yes If yes,bow much pRatprial will b'e excavated?I N/A .,cubic yards, ,How muchmaterial will be}filled?N/A cubic yards Depth of which material will,be removed or d'epbsited,- N/A feet -.Proposed'slope throughout,the area-of operations: N/A _ Mariner in which material will-,be removed or deposited:NIA Statement of the effect;if any;,on,the wetlands and tidal waters-of the'town that.may result by reason of such proposed operations(use attachments if appropriate): .our proposal will not cause ani"loi4iernimdverse-effects to the we'tlan s--- ortidal`waters.}"The immediate constrnction:area will.endure-temporary,: : disturbance while construction is occurring..The atea,is.expected to settle. , ` „ r ,- • •_ __ ate,.., a - ,4,tN , S L,' r - ;}.. - 'f • ?,-_ immediately after'cons truction,is;complete: 617.20 Appendix B Short Environmental Assessment Form Instructions for Completin? Part 1 -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 and Sponsor Information Name of Action or Project: BRENNAN BULKHEAD RECONSTRUCTION PROJECT Project Location(describe,and attach a location map): 1663 BRIDGE LANE,CUTCHOGUE, NY 11935 SCTM#1000-118-2-43 LAT/LONG:40.993r/2.443 Brief Description of Proposed Action: RAISE EXISTING BOAT SHED TO ALLOW REMOVAL OF THE 125'X 13 5'EXISTING DECK, 125'EXISTING BULHEAD,EXISTING EAST AND WEST RETURNS COMPLETELY. CONSTRUCT A NEW 125'BULKHEAD WITH A 13'EAST RETURN AND 12'WEST RETURN IN-PLACE RAISING THE TOP ELEVATION OF BULKHEAD+6" CONSTRUCT ANEW 125'X13 5'WOOD DECK,IN-PLACE RESET EXISTING BOAT SHED, IN-PLACE AT NEW ELEVATION PROVIDING NEW SUPPORTS BELOW AS NEEDED. MODIFY AND REPLACE REAR RAMP TO BOAT SHED. INSTALL TWO NEW 8"MOORING PILING. Name of Applicant or Sponsor: Telephone: (917)568-6525 1663 BRIDGE,LLC C/O DONALD BRENNAN E-Mail: DONALD@BRENNANRE.COM Address: 26 REMSEN STREET City/PO: State.. Zip Code: BROOKLY NY 11201 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 Fv] M 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 YES If Yes,list agency(s)name and permit or approval: PERMITS ARE REQUIRED FROM ARMY CORPS OF ENGINEERS,NYSDOS,NYSDEC,TOWN OF SOUTHOLD ❑✓ 3.a.Total acreage of the site of the proposed action? 6.2091 acres b.Total acreage to be physically disturbed? 0.05 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 6.2091 acres 4. Check all land uses that occur on,adjoining and near the proposed action. F]Urban E]Rural(non-agriculture) [:]Industrial ❑Commercial ❑✓Residential(suburban) ❑Forest ❑Agriculture [ZAquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES I N/A a.A permitted use under the zoning regulations? ❑ ❑ ❑ b.Consistent with the adopted comprehensive plan? 00 10 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: I P/1 ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES ❑ ❑ b.Are public transportation service(s)available at or near the site of the proposed action? '/ ❑ 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 7 YES If No,describe method for providing potable water: ❑ ❑ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ❑✓ ❑ OUR PROPOSAL DOES NOT INVOLVE THE PRODUCTION OF WASTEWATER. 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? P/1 ❑ b. Is the proposed action located in an archeological sensitive area? ✓ FET 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: WE ARE PROPOSING IN-KIND, IN-PLACE CONSTRUCTION OF AN EXISTING STRUCTURE- 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑✓ Shoreline El Forest ❑Agricultural/grasslands ❑Early mid-successional 0 Wetland ❑Urban F-1 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? ❑ ❑ 16.Is the project site located in the 100 year flood plain? NO YES 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? 0 NO ❑YES ❑✓ ❑ b.Will storm water discharges be directed to established conveyance systems runoff and storm drains)? _ If Yes,briefly describe: ZNO ❑YES =_ Page 2 of 4 � 1 f 18.Does the proposed action include construction or other activities that result in 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: a ❑ 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,describe: ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/ or name: Date: 6);20110 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 1 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,or Moderate small to large _ impact impact may may _ , = occur occur 1. Will the proposed action create a material conflict with an adopted land use plan 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 ❑ establishment of a Critical Environmental Area(CEA)? 2 5. 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, 1:1architectural 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 _ No,or Moderate 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? ff ❑ 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. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, 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, gilt fFoWg36 ldlldfVd�jtdg ignificant adverse environmental impacts. `7 t- ate rA.� - Print or Type N �e of Responsibjq Officer in Lead Agency Title of Responsible Officer Signature of Respongible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT Page 4 of 4 Board of Trustees Applidati®n AUTHORIZATION (Where the applicant is not the owner) I/We, DONALD BRENNAN,_TgANAGING MEMBER OF 1663 BRIDGE,LLC owners of the property identified as SCTM# 1000-118-2-42 in the town'of SOUTHOLD ,New York,hereby authorizes COSTELLO MARINE CONTRACTING CORP. to act as my agent and handle all necessary work involved with the application process for permit(s)from the Southold Town Board of Trustees for this-property. ner's Signature Property Owner's Signature SWORN TO BEFORE ME THIS I DAY OF ,20 10 "Pub�Tlic HA ANDERSON C,STATE Of NEW YORK No, 01AN6327702 in Kings cowV Expires July 13,20194iA { Hoard of Ti"t®es Ap Xi6ation Curity;,of Suffolk „ Stato-- f New York DONALD BRENNAN,.MANAGING MEMBER -• ,BEING=DUL"Y.SWORN ; DEPOSES�AND AFFIRMS THAT HE%SHE IS'THE APPLICANT FOR THE ABOVE DESCRIBED PERN[IT(S)AND THAT ALL STATEMENTS CONTAINED HEREIN _ ARE TRUE TO THE BEST OF-HIS/HERKNOWLEDGE AND BELIEF,AND THAT A t WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION 'AND AS MAYBE APPROVED`I YSOUTH6LD'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 OYSAID PERMIT(S);IF GRANTED., `IN COMPLETING"THISAPPLICATION,THEREBY AUTHORIZE=THE. TRUSTEES,,THEIR AGENT(S)OR REPRESENTATIVES;INCLUDING THE A CONSERVATION ADVISORY'COUNCIL,-TO ENTER-ONTO NiY,PROPERTY TO INSPECT THE PREMISES IN ION WITH THIS-APPLICATION; INL-UDING A FINAL'INSPECTION. -I FURTHER AUTHORIZE THE BOARD OF' TRUSTEES TO ENTER'ONTO.MY PROPERTY,AND.'AS'REQUIRED TO,INSURE ,COMPLIANCE WITH ANY CONDITION OF ANY WETLAND,OR COASTAL EROSION,PERMIT.ISSUED BY•THE,BOARD OF TRUSTEES DURING THE TERM OF THE PERMIT: `Signattve"of Property er SWORN TO BEFORE ME THIS DAY OFA ,20113 SAMANTHA ANDERSON NOTARY PUBLIC,STATE OF NEW YORK Registr6m No, 01AW27702, OuaKw in"County July 13.2019 _ No Nly public. ; APPLICANT/AGENTMP-RESENTUTNE. TRANSACTIONAL DISCLOSUR&FORM t The Town of Soutltoid's Code of Ttiticc_prohibits conflicts of interest on the Nrt'of town dfficers and emolovees.Tlt�irntnosa of his form is' provide infori ation which'can alert the town of nosstble conflicts of mtei est and allow it to take whatever action is Ileee,Man+to avald Vie, YOUR NAME- BRENNAN,DONALD (Last name,first name,�ddie initial,unless you ami0plyiag_in the name of someone also cr other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) n Tax grievance Building ,Variance Trustee X Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (if"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)'have n 0dationship,witlt�any officer or employee of the"Town of Southold? "Relationship"includes by blood,niairiage,or,business interest."Business interest"means a business, including a partnership,in which the town off cer or employee has even a partial ownership of(or,employment by)a corporation in which the tow_ n officer or employee owns more than 5°/of the shares. YES NO r 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 ar position of that person Describe the relationship between yourself(the applicandWrithepresentative)'and the town officer or employee.,Either check the appropriate line A)through D)and/or describe in the space provided. f I The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): i A}the owner of greater than 5%of the shares of the corporate stock of the applicant (when the.applicant is,a corporatlon); B)the legal or beneficial owner ofany interest in anon-corporate entity(whesi the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Subm' is ay of 200_ - Signatttr Print Name Form TS 1 _- --- - = ML , COSTELLO- MARINE CONTRACTING CORPORATION DOCKBUILDING •JETTIES•BULKHEADING* STEEL&WOOD PILING o FLOATS 4423 FIFTH STREET`• P.O.'BOX 2124 • GREENPORT,NEW YORK 11944 (631)477 1-1199/477-1398/477-0682 - FAX(631)477-0005 AUTHORIZATION_FORM 1, DONALD BRENNAN member of 1663 BRIDGE,LLC Business/Property Name located at 1663 BRIDGE LANE,CUTCHOGUE,NY 11935 do hereby give Costello Marine Contracting Corp,-the authority to act as -agent in my behalf in applying for all of the necessary permits for work to be completedat my above . referenced properly. Date Signature ' IJ Ir Michael J.Domino, President �QOFFO(A-.012, 'O Town Hall Annex John M.Bredemeyer III,Vice-President G54375 Route 25 Glenn Goldsmith y P.O.Box 1179 A.Nicholas Krupski t Southold,NY 11971 Greg Williams ?� p!�(Y 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 1663 BRIDGE, LLC, c/o DONALD BRENNAN COUNTY OF SUFFOLK STATE OF NEW YORK AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS IN PLACE FOR AT LEAST SEVEN DAYS PRIOR TO THE PUBLIC HEARING DATE I, , residing at/dba MQ , V being d ly sworn, depose and say: That on the &kday of , 2018, I personally posted the property known as G kka e N 3 6 by placing the Board of krustees official poster ere 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, August 15, 2018. Dated: (sign e Sworn to before me this 7'�L day o4, 20/9- LYNN E STEVENS (� Notary Public-State of New York (v\ NO.01ST6269424 Qualified in Suffo�County Notary ublic Commission Expires MW aCb?0 Client: 1663 Bridge LLC ocation: 1663 Bridge Lane, Cutchogu FY 11935 Date: August 6, 2018 . 'r Photo 1 sP' 1111 _ J e"r: t}'`d.►%7 t1 r t�R". 441 y, Phyto IFr OF HEAAING NOTICE 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: 1663 BRIDGE LLC,c/o DONALD BRENNAN SUBJECT OF PUBLIC HEARING: For a Wetland Permit to remove existing boat whips,fish cleaning station,jet ski lift,and ladders from deck;remove existing±125'x±13.5' deck along bulkhead,existing±125'long bulkhead,and existing east and west bulkhead returns completely;construct a new±125'long vinyl bulkhead with a 13'long east return and a 12'west A return in-place;construct a new 125'x13.5'wooden deck along bulkhead in-place;backfill and so that new deck matches the existing re-grade areas landward of bulkhead and new deck bo - grade;reinstall existing let ski lift,ladders,fish cleaning station and a at whips n deck;i install two(2)new 8"diameter mooring pilings;and for the existingwater existing1S'x18'shed to remain. located:1663 Bridge Lane,Cutchogue. SCTM#1000-118-2-4.2 TIME & DATE OF PUBLIC HEARING: Wednesday, August 15, 2018 —at or about 5:30P.M. If you have an interest in this project,you are invited to view normal Town burliness which between available for inspection prior to the day of the heanngTOWN F SOUTHOLD*(631)765-1892 the hours of 8 a.m.and 4 P•m. BOARD OF TRu5TEE5 i Prepared by: Costello Marine Contracting Corp. 423 5th Street, PO Box 2124, Greenport,NY 11944 (631)477-1199 Phone (631)477-0005 Fax 1 j� 1 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS r F Name: Address: F Jennifer J.Burrell&Dr.Jonathan Perry 435 E 57th Street,Apt.14B,New York,NY 10022 James D.&Justine K.Weeden 1175 Bridge Lane,Cutchogue,NY 11935 William D.Murphy and Kimberly L.Reece 1652 Bridge Lane,Cutchogue,NY 11935 STATE OF NEW YORK COUNTY OF SUFFOLK Jane P.C ostello ,residing at Costello Marine Contracting Corn. ,being duly sworn,deposes and says that on the 6th day Of August , 20 1g ,deponent mailed a true copy of the Notice set forth in the Board of Trustees Application,directed to each of the above named persons at the addresses set opposite there respective names;that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Greenport(11944) ,that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Sworn to before me this Day of ,20 Notary Public 1 LYNN E STEVENS Notary Public-State of New York NO.OIST6269424 Qualified in Suffolk County oty (� Commission Expires 0 Glierit: 1663 Bridge, LLC Job Site Address: 1663 Bridge Lane, tchogue, NY 11935 Date: 7/6/18 CERTIFIED MAIL RECEIPTS P• o 1rq 'OpmeSticmail oni ru ®. 0 D EO g Er co fl l Certlfied Mad Fee F �y,7: )if ' Er RJ Certified Mad Fee ` Er O Extra Services&Fees(check box,add fee as appropne ` yQC3 Extra Services&Fees(check box,add fee as appropna �VC10 Q ❑Return Receipt(hardcopy) $ O\v [:]Return Receipt(hardcopy) $ •- C3 E]Return Receipt(electronic) $ +% mark 00 0 �^ •A lbol0 []Certified Mad Restricted Delivery $ O Here ❑Return Receipt(electronic) $ Poe 1tJ, r 0 r� ❑Certified Mail Restricted Delivery $ Her ❑Adult Signature Required $ ((t Adult Signature Required $Adult Signature Restricted Delivery$ ❑ [� a (O []Adult Postage J� A _ Adult Signature Restricted Delivery$ V `� M �S Postage $ m rr=1 Total Postage and Fees Total Postage and Fees ul $ $ Sent yy Lill o �9.1!'_11Gn�__I�:�'17v�(,/c 2 e��� L- fie ,� ge' %J i ✓S 13d��el� a Lbr'. Jvnot St r et and Apt No.,or PO' o o �15e -� J /� S r e andApf o.,-9-4-P__ o ! 1--a/?cs� ef� f � s f / City, IP+ J / 35' Cr I I 1 1 1 1 11•1 :1 1 1 1 111•1 i f '•d 1 ■ e 1_n 0 0 {ll ere••.I Y .y-. �^�y • /' • - - {/sem- I 1 l J~z '«-'-q '-.� A L �� _,� n rU Certified Mad Fee Extra Services&Fees(check box,add fee es appropriate 71 ❑Return Receipt(hardcopy) $ 91 j ❑ Return Receipt(electronic) $ Postmark Q O ❑Certified Mail Restricted Delivery $ �U(� H8(IEI E:3 E]Adult Signature Required $ v [V 18 E]Adult Signature Restricted Delivery$ C3 Postage M $ pn r%- Total Postage and Fees t3SPs I $ e To gm s D oS OBous �] ------------ --e�------------------ enpL prep - x 0 � Cf Stat Z/ +4° - I :ea ee e•e - I' I I I I ` Is Costello Marine Contracting Prepared by: g Cor P• I 423 5th Street, PO Box 2124, Greenport,NY 11944 (631)477.1199 Phone (631)477-0005 Fax i NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: 1663 BRIDGE,LLC C/O DONALD BRENNAN SCTM#1000-118-2-42 YOU ARE HEREBY GIVEN NOTICE: 1, That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Remove existing 125'x 13.5' deck, 125' bulkhead, east and west returns. Construct new 125' bulkhead with a 13' east return and a 12' west return,in-place. Construct a ' new 125'x13.5' wooden deck,in-place. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 1663 BRIDGE LANE, CUTCHOGUE,NY 11935 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the'Town Code is open to public comment on: DATE: WEDNESDAY,AUGUST 15,2018 AT OR ABOUT 5:30PM You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. PROPERTY OWNERS NAME: 1663 BRIDGE,LLC CIO DONALD BRENNAN MAILING ADDRESS: 26 REMSEN STREET,BROOKLYN,NY 11201 PHONE #: AGENT: COSTELLO MARINE CONTRACTING CORP. 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OWNER(S) OF RECORD: 1663 BRIDGE LLC, c/o DONALD BRENNAN SU BJ ECT O F P U B LI C H EAR I NG : For a Wetland Permit to remove existing boat whips, fish cleaning station, jet ski lift, and ladders from deck; remove existing ±125' x ±13.5' deck along bulkhead, existing ±125' long bulkhead, and existing east and west bulkhead returns completely; construct a new ±125' long vinyl bulkhead with a 13' long east return and a 12' west return in-place; construct a new 125'x13.5' wooden deck along bulkhead in-place; backfill and re-grade areas landward of bulkhead and new deck so that new deck matches the existing grade; reinstall existing jet ski lift, ladders, fish cleaning station and boat whips on deck; install two (2) new 8" diameter mooring pilings; and for the existing water and electric services, and existing15'x18' shed to remain. Located: 1663 Bridge Lane, Cutchogue. SCTM## 1000-118-2-4.2 TIME & DATE OF PUBLIC HEARING : Wednesday, August 15, 2018 — 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 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 proppsed action will be evaluated. as to its significant beneficial and adverse effects anon the coastal area(which includes all of Southold Towel. 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, each-answer must be-explani6d in detail, listing both supporting and not i- suodorting 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# 118 - 2 42 PROJECT NAME 1663 BRIDGE,LLC BULKHEAD REPLACEMENT The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees Q 1. Category of Town of Southold agency action(check appropriate'response): (a) Action undertaken directly by Town agency(e.g.capital ❑ construction,planning activity,agency regulation,land transaction) a (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action: Raise existing boat shed to allow removal of the 125'x13.5'existing deck, 125'existing bulkhead, existing east and west returns completely. Construct a new 125'bulkhead with a 13'east return and 12'west return in-place raising the top elevation of bulkhead+611. Construct anew 1251x13.5'wood deck, in-place. Reset existing boat shed in-place at new elevation providing new supports below as needed Modify and replace rear ramp to boat shed. Install two new 8"tie-offpiling. Location of action:1663 BRIDGE,LLC Site acreage: 6.2091 ACRES Present land use: RESIDENTIAL Present zoning classification:-R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant:1663 BRIDGE,LLC clo DONALD BRENNAN (b) Mailing address: 26 RE,SEM STREET.BROOKLYN,NY 11201 (c) Telephone number:Area Code( )917 568.6525 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ® No❑ If yes,which state or federal agency?DEC,DOS, USACE 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 [Z Not Applicable Our proposal is to replace an existing structures that is failing due to its age. There will be no outward expansion. The proposal will not have any effect on the community character, open space or use of infrastructure. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No © Not Applicable Our proposal will have no influence on the historic and archaeological resources of the Town of Southold Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑, No ® Not Applicable Our proposal is in-kind reconstruction of an existing structure. The visual quality and scenic resources will not be influenced in a negative manner due to our proposal. AUaGn 1=1110=1 5nG015 1111GGG55aly NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria © Yes ❑ No ❑ Not Applicable Due to the age, the existing bulkhead is failing. This bulkhead is needed to maintain the integrity of the upland structures. This bulkhead has existed for more than 30 years and will not increase erosion or flooding. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section In —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No ®Not Analicable Our proposal will not influence the water quality or the water supply of the Town of Southold Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. FlYes ❑No Q✓ Not Applicable During construction Best Management Practices will be used to protect the wetlands and waterway from construction debris. Our proposal will not have any influence on the restoration or protection of the ecosystems. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Our proposal will not have any effect on the air quality in the Town of Southold Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Our proposal does not involve solid waste and/or hazardous substances. PUBLIC COAST POLICIES I Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeO No© Not Applicable Our proposal is in-kind, in-place reconstruction of an existing structure. There will no change in public access to or recreational use of coastal waters,public lands or public resources. 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 The existing bulkhead is in obvious need of work The bulkhead protects this property from erosion and allows the home owners to enjoy their waterfront property. The owners use this property to engage in water-dependent activities including fishing and boating throughout the year. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies;Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No 121 Not Applicable ` The reconstruction of the existing bulkhead will not influence the living marine resources in the Long Island Sound, the Peconic Estuary or the Town waters. Once construction is complete, the area will have no net change in the sustainable use of marine resources. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III —Policies; Pages 62 through 65 for evaluation criteria. El Yes ❑ No© Not Applicable Our proposal will not influence agricultural lands in the Town of Southold. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes -n' No © Not Applicable Our proposal will have no influence on the use or development of energy or mineral resources. PREPARED BY Jane P. Costello TITLE Agent DATE 5/23/18 Costello Marine Contracting Corp.