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HomeMy WebLinkAboutTR-10299 Glenn Goldsmith,President soy Town Hall Annex �� ®� 54375 Route 25 A. Nicholas Krupski,Vice President P.O. Box 1179 Eric Sepenoski Southold, New York 11971 Liz Gillooly Telephone(631) 765-1892 Elizabeth Peeples Fax(631) 765-6641 4w,&PO NTI9� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 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 '/2 constructed When project complete, call for compliance inspection; TERMS AND CONDITIONS The Permittee Town Creek Real Estate Inc c/o Michael Liegy, residing at 480 Ackerly Pond Road, Southold,New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto,to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months,which is considered to be the estimated time required to complete the work involved,but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved,to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation,the said Permittee will be required, upon due notice,to remove or alter this work project herein stated without expenses to the Town of Southold. 8. The Permittee is required to provide evidence that a copy of this 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. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may may be Subject to revoke_pen failure to obtain same, 11. 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. Glenn Goldsmith, President ®��®� s® Town Hall Annex A. Nicholas Krupski, Vice President ® 54375 Route 25 AL P.O. Box 1179 Eric Sepenoski ir Southold, New York 11971 Liz Gillooly Telephone(631) 765-1892 Elizabeth Peeples Fax(631) 765-6641 GUU V, BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 23, 2023 Robert W. Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932-2003 RE: TOWN CREEK REAL ESTATE, INC. c/o MICHAEL LIEGY 480 ACKERLY POND ROAD, SOUTHOLD SCTM# 1000-69-3-13 Dear Mr. Anderson: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, January 18, 2023 regarding the above matter: WHEREAS, Suffolk Environmental on behalf of TOWN CREEK REAL ESTATE, INC. c/o MICHAEL LIEGY 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 April 5, 2022, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on June 15, 2022, September 14, 2022 and January 18, 2023, at which time all interested persons were given an opportunity to be heard, and, 2 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 the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of TOWN CREEK REAL ESTATE, INC. c/o MICHAEL LIEGY to construct a proposed 25'x50' two-story, single-family dwelling with attached 20'x20' garage; install a pervious driveway; install a new I/A OWTS system; and to install gutters to leaders to drywells to contain roof runoff; with the condition to establish and perpetually maintain a 50' wide non-disturbance buffer landward of the wetland line with split rail fence; and a non-turf buffer between split rail fence and the house; there is to be no patio or hardened structure in the rear yard; and as depicted on the survey prepared by Peconic Surveyors, P.C., last dated December 27, 2022 and stamped approved on January 18, 2023. 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: $50.00 Very tr ly yours, Glenn Goldsmith President, Board of Trustees GG/dd N SURVEY OF PROPERTY TEST HOLE DATA ---- McDONALD GEOSC/ENCE APPROVED8/10/04 BY A T SOUTHOLD EL 16.1BROWN SILTY BOARD of r;USTEES TOWN OF SOUTHOLD 2, SAND SM TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. DATE :rA*u�R. 1$ i 20.1 1000-69-03-13 -------- SCALE: 1'=30 PALE BROWN FINE TO APRIL 28, 2004 MEDIUM SAND SP _ _r_ JULY 15,M 2004 (TOPOGRAPHIC INTO.) AUGUST 9, 2004 (4DD/710NS) AUDUST 12, 2004 (SETBACKS) SEP7EMBNER 29, 2004 (RENS/ONS) EL. 1.1' 15' OCTOBER 22, 2004 (REV1S/ONS) NOVEMBER 4, 2004 (REWS/ONS) FWA TER IN PALE INE TO MEDIUM SAND SP OCTOBER NUdRY1 2,(2021/ONS) JANUARY 13, 2021 (BU/LD/NG LAYOUT) 17' FEBRUARY 10, 2021 (ADJO/NER) NO TE. WATER ENCOUN7ERED 15' BELOW SURFACE JUNE 20, 2022 (RENIS/ONS) ELEVATIONS REFERENCED Tn NAND 88 AUGUST 11, 2022 REVS/ONS AUGUST 22, 2022 (REVISIONS) AUGUST 31, 2022 (RENIS/ONS) N/o/F DECEMBER 27, 2022 (RENIS/ONS) KEITH BAKER VACANT N8923'00"W 142.10' S77-,5,5,300# W� ,303E LANDWARD LIMIT OF FRESHWATER WETLANDS D '' WLF 96• AS DELINEATED BY SUFFOLK ENVIRONMENTAL EL-1.9' 1 2 # 32 CONSULTING, INC. ON NOVEMBER 2, 2020 9 r- _-__--_-_- _-_ _ -_-_ -_-_--_ BOrroM of WLY DECl� G J]20,22•4-_ ANK # 4 —_8__ ——._ _ ..� I WLF N 13oartE of T•usfres / o 0 o TOP OF'\�_ -10_. _ -_-==- 5to / / o ori o BANE( N/O/F / / / o r� ,n 2_ ODEANNA & DOUGLAS TIKKAANEN ,-- --------_ _ _ - cP DWELLING / / / 14.8'+ "1 • 14- - -��\ � \ EL-3.5' WELL - O �i� !� ZONE X 50' N0�-DISTURBANCE - _ BUFFER _ ® WELL ZONE X L0 CHOUSE —< ELL IN BASEA�ERT-- X3 �� `ROPOSE� / +158' nSNE Ocf:,t Z \ \ WELL c T '� iJr,B• ROPpSED ALES \ \ \ \ O BE ABANDONED LINE OF ADJACENT M 1+16.2' _ - = SPLIT �L FENCE \ \ \ ® � 1 HOUSES CID TEST \ I®w UNE OF ADJACENT �� PROPOSED 20.0, 5'min. Q165. 0 '6'+ \\ ` \\ � HOUSES +16.8' 2 STORY / 4 BEDROOM `� PROPOSED. FLOOD Z E LIN I � _ EL=16.§ DIv3 RESID OCA N s E N 101.3' FF=20.0' I s.s' 2 STY, FRAMEQ �s' wETu as HOUSE ��- OH 21= N76'50, TFI5) ��_ PROPOSED C/p Ow SETBACK INE 30O O OQ"W =16.1' GI�vEL N 0 F 16, 8. o DIST. M / / OH -"'16-- — _ _ (PE px OMAS P. KELLY -� OH _` 104,78, -- 16 -Islltsi_-- m; _- o� ��/ O OL R. KELLY OH to DWELLING EL 14.8' -------- �_ OH [P 8' LP N WELL �- ---- ------- _\ s' m,,,. / 2 STY, FRAME A -- 14--_O 100' WETLANDS i HOUSE CKE EDGE OF N7-00 +���eHrl \ SETBACK LINE / WELL Ly p PjME T � 3Q—YY ` Q --�' QO^ '1 (BOA^, • On/D 12-- H ` o CMF ` C/ ERY - _ _ _ O DWELLING 1AI�E) DAD 114.72 H `� 8.3 441 WELL & ,gyp 4Q 6' Az CESSPOOL 150+ O—WATER METER VAULT. STUB � DWELLING DWELLING ONLY. NOT IN • WELL WELL , SERVICE. �Q �• WELL EL 8.8' FLOOD ZONE FROM FIRM J610JC0166H Map Effective Date. September 25, 2009 DWELLING KEY PUBLIC WATER 0 = REBAR ® = WELL ® = STAKE PO = TEST HOLE GP Q ® = PIPE !' of jAEW yo ® = MONUMENT �/� �Q,���a 3'Mer2c = WETLAND FLAG rQ, = UTILITY POLE THE LOCATIONS OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVA77ONS 10' 11 �s N.YS. LIC. N0. 49618 AND OR FROM DATA OBTAINED FROM OTHERS THEREFORE THEIR LOCA77ONS AND OR EXISTENCE IS NOT GUARANTEED. N.YS, LIC. NO. 051132-01 ANY ALTERA770N OR ADD177ON TO THIS SURVEY IS A WOLA77ON OF SEC77ON 7209 OF THE NEW AREA= 3,2,440 SQ. FT. PECONIC SU YORS, P.C. YORK STATE' EDUCA77ON LAW. EXCEPT AS PER SEC77ON 7209-SUBDIWS10N 2. ALL (631) 765-5020 FAX (631) 765-1797 CER77FICA7701VS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR P.O. BOX 909 ,,// COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. v 1230 SOUTHOLD,AV ELE STREET . 11971 O`f'-148 ®��g11FF0[�-41oG Glenn Goldsmith, President �� Town Trustees, A Nicholas Krupski, Vice-Presidenty a 54375 Route 25 Eric Sepenoski o P.O. Box 1179 Liz Gillooly 44 ® aop� Southold, NY 11971 Elizabeth Peeples 0� Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: TOWN CREEK REAL ESTATE c/o SUFFOLK ENVIRONMENTAL Please be advised that your application dated April 5, 2022 has been reviewed by,this Board at the regular meeting of January 18, 2023 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) 'h Constructed ($50.00) x Final Inspection Fee ($50.00) - Dock Fees ($3.00 per sq. ft.) xx 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 BY: Glenn Goldsmith, President 32�� Board of Trustees Suffolk Environmental Consulting, Inc. Newman Village ® Suite E o 2310 Main Street PO Box 2003 © Bridgehampton NY 11932-2003 t 631.537.5160 f 631.537.5291 Bruce Anderson,M.S.,President HAND DELIVERED January 26th, 2023 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: TOWN CREEK REAL ESTATE L.L.C. (do M. Leigey) Property—Final Inspection Fee Situate: 480 Ackerly Pond Lane • Southold, NY • 11971 SCTM#: 1000—069.00—03.00—013.000 Dear Members of the Board, As per the Boards request, attached herewith please find a check made payable to the Town of Southold, in the amount of fifty dollars ($50.00) in satisfaction of the requisite final inspection fee. Thank you for your time and consideration regarding this matter. Should you have any questions or concerns, please feel free to reach out to this Office at any time. Yours Truly, Robert W. Anderson (enc.) wenn Goldsmith,President O\�S� � COG Town Hall Annex A.Nicholas Krupski,Vice President CO 54375 Route 25 Eric Sepenoski ,? P.O.Box 1179 Liz Gilloolyoy • �� Southold,NY 11971 O Elizabeth Peeples ��l ' �a Telephone(631)765-1892 Fax(631)765-6641 Southold Town Board of Trustees Field Inspection Report Date/Time: I�i�.�� Completed in field by: Suffolk Environmental Consulting on behalf of TOWN CREEK REAL ESTATE, INC., c/o MICHAEL LIEGY requests a Wetland Permit to construct a proposed 25'x50' two- story, single-family dwelling with attached 20'x20' garage; install a pervious driveway; install a new I/A OWTS system; and to install gutters to leaders to drywells to contain roof runoff. Located: 480 Ackerly Pond Road, Southold. SCTM# 1000-69-3-13 Typ�^//dof area to be impacted: Saltwater Wetland Freshwater Wetland Sound ✓ Bay Partof Town Code proposed work falls under: ✓Chapt.275 Chapt. 111 other Type of Application: 'Wetland Coastal Erosion Amendment Administrative Emergency Pre-Submission Violation Notice of Hearing card posted on property:. Yes No Not Applicable Info needed/Modifications/Conditions/Etc.: _�vdVac p\o,'-5 oA waS-V SeSS Loq Present Were: ✓ G. Gpldsmith N. Krypski ✓E. Sepenoski ✓ L. Gillooly ✓ E. Peeples SUFFc. Gle 1n'Ooldsmith,President �� �ti�y Town Hall Annex A.Nicholas Krupski,Vice President c 54375 Route 25 Eric Sepenoski 1 a P.O.Box 1179 Liz Gillooly �y • ��� Southold,NY 11971 Elizabeth Peeples � �a Telephone(631)765-1892 Fax(631)765-6641 Southold Town Board of Trustees Field Inspection Report Date/Time: Completed in field by: Suffolk Environmental Consulting on behalf of TOWN CREEK REAL ESTATE, INC., c/o MICHAEL LIEGY requests a Wetland Permit to construct a proposed 25'x50' two- story, single-family dwelling with attached 20'x20' garage; install a pervious driveway; install a new,I/A OWTS system; and to install gutters to leaders to drywells to contain roof runoff. Located: 480 Ackerly Pond Road, Southold. SCTM# 1000-69-3-13 Tyof area to be impacted: YSaltwater Wetland Freshwater Wetland Sound Bay Part of Town Code proposed work falls under: ✓ Chapt.275 Chapt. 111 other Type of Application: J Wetland Coastal Erosion Amendment Administrative Emergency Pre-Submission Violation Notice of Hearing card posted on property: Yes No Not Applicable Info needed/Modifications/Conditions/Etc.: 0-0,4a— 'h/j�� CPJ�P_.A. -r�P?,r✓ �la�,� �:� w��� .SSS e_cL. Present Were: G. G Idsmith N. Kr p ski J E. Sepenoski yi L. Gillooly ✓ E. Peeples Glenn Goldsmith,President o��Sul COGS Town Hall Annex A.Nicholas Krupski,Vice President :'e 54375 Route 25 Eric Sepenoski ,? P.O.Box 1179 Liz Gillooly �y 0� � Southold,NY 11971 Elizabeth Peeples �Ol � �% Telephone(631)765-1892 Fax(631)765-6641 Southold Town Board of Trustees Field Inspection Report Date/Time: 2. Completed in field by: F t"LO Suffolk Environmental Consulting on behalf of TOWN CREEK REAL ESTATE, INC., c/o MICHAEL LIEGY requests a Wetland Permit to construct a proposed 25'x50' two- story, single-family dwelling with attached 20'x20' garage; install a pervious driveway; install a new I/A OWTS system; and to install gutters to leaders to drywells to contain roof runoff. Located: 480 Ackerly Pond Road, Southold. SCTM# 1000-69-3-13 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Part of Town Code proposed work falls under: Chapt.275 Chapt. 111 other Type of Application: ✓ Wetland Coastal Erosion Amendment Administrative Emergency Pre-Submission Violation Notice of Hearing card posted on property: Yes No Not Applicable Info needed/Modifications/Conditions/Etc.: [a-6ib c r e-Yi P-w . AaA �u�jh,c fir d i a .rn�k wte,Uihms, Present Were: __V/G. Goldsmith VN. K7EE. ski _ZE. Sepenoski �/ L. Gillooly Peeples ;r �� -•, .,••� s.�, �„ � ��., '! Y �j.• rte.-� �,��. '_.`� � `� �< i. '�' . . � ''-r• ms's' '`�� .. � '#� , -�� - 1 �' .SG'`` -Town Creek Real Estate,Inc.c/o Liegy :0 Ackerly Pond Road,Southold J, SCTIV14: 1000-69-3-13 Ar If Ilk so 1.411' :'!!. ,fix, w . ' •' Y! A�- ., w.! �i• �v`rj i< ,$ Its^ �t .+\'.�.:ti� ,. ,._. '!tip .ed+• 'A,•Q ���."X"'�.r ���`'�^ •�� t, ' _ _ '� •., •a .. .a- Via- .y�,, �„_� ; _ '� - �!• .t ` ..►..^ `� �•-'Eli t7. � � _ �' - t. � � _ ,?�.;, -i -10 ...'• � � � ��,,tt ti;.fir � � �.r .�.l.ew.-y_4�'.�'-� 1'- 4�.A�'-`.��,. � � •, - �, _ ��:!!;" •��`.tj \ 1. •c —a�,_` -! '^ ' —�i,'�' - - - .: � �^�''� . • a ' 'Ib .s 6/ 8/2022 10 ' 07 low. ,i 'f • AND. •� • �� j. -Or Ar •N" ' .\ �„ - '�' �� yrs,� •,�� _ _� �� .• - �: � ��.f I, '�1M�•�I _.�.� ,� Mme'. • - • `- • }1' '� +-til �.� _ �ya�'k� _ , lad14. .7 F _ lz ` ► � ���• .a•2 ,jam �4� `� .. � C -T- f. t - ��: •, 842 0 2- X10 7 t- y , a'. Ilk r ti own Creek Real Estate,Inc.c/o Liegy } 1480 Ackerly Pond Rd.,Southold SCTM#: 1000-69-3-13 ' »x6/8/22 > 14 •1t4• t t r 7 a a � o _ '-_ .r� •� .,tom tr 1 'b �i, � 4:� � �. ..FJ�- ;,'vim. `t` " •�' �. -4���.�w.Y ,'� _ 'a ..g. 4" ��;'' '�C,y:'° - .r t•i y¢,,+.�` _�yT• . ty.,n,.,av��f` ��e�,:." •����� r �i �,l r� �, ,�'.' y �s�t� ,1R. �n �` �S ,i^.:' �; � •�;���h�w+ L -- _ `t '! ` '� '2�a1 �r .f ;,T`• 1 7�. �..�ar�� .�') j ' ••r� • � n' , U� ` ?�r ."��r.� -«�J -a.'. �'i'.r�'�dd�!!.•• � \ _ .` ',yid. '?'r i �� �� a� , ♦. 2 .F. � �5....i..,�" -�� ♦ i `S �V� ` , .. �.-. M 16 lip- .4 yr i �. r • ��, '. �• 's. _ Y ,� ✓ eal Estate,Inc.c/o Liegy Town Creek R �+ ` _ 4-t �� #''vt:• +vf !• r t "� -180 1 Ackerly SCT111• Southold M:. ^ < K • ' Op ''i►a fir'- V �. Y .• •r�. � rte' -� ��^ . }�'� ► �•t ._ ... � ' �!AI may ', °•* "'� , �� +� 'jam',• rr 1•s .+ : '. �•?• _ L 1 .� - � �/ST T �• .w�" r ♦ �' _j tom` w{ �jr r milillill a r; f �.f + t ,27� ; ,. i �_!�• -44 4 Al ALI ,P N !lITTT��� 6 / 8/2022 10 . 1214 1 � • r4 1 Suffolk Environmental Consulting, Inc. Newman Village - Suite E a 2310 Main Street a PO Box 2003 - Bridgehampton NY 11932-2003 t 631.537.5160 a f 631.537.5291 Bruce Anderson,M.S.,President HAND DELIVERED E C E I V E December 28111, 2022 Board of Trustees i DEC 2 9 200 1 DD Town of Southold Z; P.O. Box 1179 Board ot'Prostpes Southold, NY 11971 RE: TOWN CREEK REAL ESTATE L.L.C. (clo M. Leigey) Property—Revised Survey Situate: 480 Ackerly Pond Lane - Southold, NY - 11971 SCTM#: 1000 —069.00—03.00— 013.000 Dear Members of the Board, As per the Boards request, attached herewith please find the following documents; 1. Survey prepared by PECONIC SURVEYORS, P.C. last dated December 271h, 2022, depicting the revised pier line and the proposed dwelling landward thereof, as well as the requested fencing (four [4] sets). Thank you for your time and consideration regarding this matter. Should you have any questions or concerns please feel free to reach out to this Office at any time. Yours Truly-' Robert W. Anderson (enc.) N SURVEY OF PROPERTY McDONALD GEOSC/ENCE HOLE DATA A T SO UTHOLD DON 8/10/04 EL. 16.1BROWN SILTY TOWN OF SO UTHOLD 2' SAND SM SUFFOLK COUNTY, N. Y. 1000-69-03-13 SCALE: 1'=30 APRIL 28, 2004 PALE BROWN FINE TO MED/UM SAND SP JULY 15,M 2004 (TOPOGRAPHIC INTO.) AUGUST 9, 2004 (4DD1710NS) AUDUST 12, 2004 (SETBACKS) SEP7FMBNER 29, 2004 (REWSIOSN)S) EL 1.1' 15' OCTOBER 22, 2004 CREWS%ONS) WATER IN PALE BROWN OCTOBER 11 2005 (REVISIONS) FINE TO MEDIUM SAND SP JANUARY 13,2021 (BUILDING LAYOUT) 17' FEBRUARY 10, 2021 (ADJOIMER) NO TE. WATER ENCOUNTERED 15' BELOW SURFACE JUNE 20, 2022 (REVISIONS) ELEVATIONS REFERENCED TO ,AVD 88 AUGUST 11, 2022 (REVISIONS)AUGUST 22, 2022 (REVISIONS) AUGUST 31, 2022 (REVISIONS) N/O/F DECEMBER 27, 2022 (REVISIONS) KEITH BAKER VACANT N8!723'00"W 142.10' S D C �� E 7�55'30"WLIF E �- LANDWARD LIMIT OF FRESHWATER WETLANDS 1 WLF 2 WLF 96.32. AS DELINEATED BY SUFFOLK ENVIRONMENTAL �L� 2 9 (20,22 #.1ELL=1.9' 3 CONSULTING, INC. ON NOVEMBER 2, 2020 -- _ -- _ 80�0►b1 OF BANK WLF r1= tnfc;>E / — 4—_ # 4 Board Of (+ ees /�� ` N WLF N b o b TOP OF�\ _E 10_ - 5 N/O/F ^j / / / o n L0BANK DEANNA & DOUGLAS TIKKAANEN / __ ___ \� cP DWELLING WELL / % " 14.9'+ p Sol ZONE X NON-DIST'URBA o NCE BUFFER ® WELL � � ._— ZONE X — ".s _ L0 ® WELL IN BASEPINT� -— , � X3 _� `ROPpSE—� _ \\ \\ \ STY. — +15.8 DW 1 �_L1NE O`1Y BALES _� \ \\ \ \\ WELL FRAME LINE OF ADJACENT i � I ._. 5.g•+ PROPOSED SPLIT RAIL FENCE \ \\ \ ® (TO BE ABANDONED) HOUSE O f+16.2•-- _ -- HOUSES to - \ O ®TEST "�►.. 1 WELL �' PROP 5'min. 8k3 1 .6'+ \ \ \\ UNE OF ADJACENT Z /� +16.8' 2 STORYD 20'0• 5. • \ \ HOUSES ks RESEDROOM PROPOSED. FOOD Z E LIN / EL=16.4 OW a I °L _ 101.3' FF=20,01E ON SLAB I B.S. N 75' W Ds 2 STY, FRAME _ - �J`'0"��/ A/, �_ C/ SETBACK INE / HOUSE pH 2 1-12.\\ \ INV7 TH 16.1. :�� _ PROPOSED , h S ) 30 0 O OH -w Y? D - o D/sr ►•) N/O/F �'- OH --16---- (PES 16, „8; 0x �� �p OMAS P. KELLY ON __ X4.18 --16 --QUs,�___ AROL R. KELLY DWELLINGOH DWELLING EL 14.8' -------- � ON W 8' LP \� N WELL _ 2 STY, FRAME A14-__O 100' WETLANDS HOUSE CKER EDG£ OF pA EN75-o0 30-w -etr�` SETBACK LINE / WELL LY T _ - Oy - (BOv PONS — -•12------�� CMF T CV DWELLING ERY LANE D '14. ON .c2� L-10_8' _ _ 40 0 w WELL & 72 8.36' — Az CESSPOOL 150+ O -WATER METER Q7 VAULT. STUB DWELLING DWELLING ONLY. NOT IN � WELL WELL , SERVICE. 4V '.. wELL EL 8.8' FLOOD ZONE FROM F7RM J6103CO166H Mop Effective Dote. September 25, 2009 DWELLING KEY PUBLIC WATER 0 = REBAR ® = WELL ® = STAKE cP PQ = TEST HOLE �Q ® = MONUMENT = WETLAND FLAG = U77LITY POLE cP THE LOCA77ONS OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVA77ONS AND OR FROM DATA OBTAINED FROM OTHERS THEREFORE THEIR LOCATIONS AND OR EXISTENCE N.YS, LIC. NO. 49618 IS NOT GUARANTEED. N.Y.S. LIC. NO. 051132-01 ANY ALTERA77ON OR ADD177ON TO THIS SURVEY IS A WOLA77ON OF SEC77ON 7209 OF THE NEW AREA= 32,440 SO. FT. PECON/C SUkIVYORS, P.C. YORK STATE EDUCA77ON LAW. EXCEPT AS PER SEC77ON 7209-SUBDIVISION 2. ALL (631) 765-5020 FAX (631) 765-1797 CER77RCA71ONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR P.O. BOX 909 ,,// COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. v SOUTHO AVELE. 11971 T 0`i'-148 MEMO ECEIVE SEP 6 2022 TO: Diane DiSalvo, Clerk Typist FROM: Robert Anderson Southold Town ' Board of Trustees DATE: September 6, 2022 Re: TOWN CREEK REAL ESTATE L.L.C. Property—Revised Surveys ` k rl Pond Lane • Southold NY • 11971 Situate: 480 Ace y .x MESSAGE: Hi Diane, Attached are four 4 sets of revised Surveys prepared by Peconic Surveyors last dated August-335;2022, depicting the proposed improvements landward of the pier line formed by adjacent structures. Thank you for your time and consideration regarding this matter. Best, obert W ■ an v� z N TEST HOLE DATA SURVEY OF PROPERTY McDONALD GEOSC/ENCE 8/10/04 A T SO UTHOLD ' EL. 16.1' BROWN SILTY - TOWN OF SO UTHOLD 2, SAND SM D E E I V E SUFFOLK COUNTY, N. Y. SEE - 6 2022 1000-69-03-13 SCALE. 1 -30 PALE BROWN FINE TO APRIL 28, 2004 MEDIUM SAND SP Southold Town JULY 15,M 2004 (TOPOGRAPHIC INTO.) Board of Trustees AUGUST 9, 2004 (ADDITIONS) AUDUST 12, 2004 (SETBACKS) SEPTEMBNER 29, 2004 (REV/SION))S) EL. 1.1' 15' NOVEMBER 4CTOBER , 2004 04 (RENS/ONS) WATER IN PALE BROWN OCTOBER 11 2005 (REVISIONS) FINE TO MEDIUM SAND SP JA;VOXRY 12 , 2021 JANUARY 13, 2021 (BUILDING LAYOUT) 17' FEBRUARY 10, 2021 (ADJO/NER) NO 7E. WATER ENCOUNTERED 15' BELOW SURFACE JUNE 20, 2022 (REVISIONS) ELEVATIONS REFERENCED TO NA VD 88 AUGUST 11, 2022 (REVISIONS) AUGUST 22, 2022 (REVISIONS) N/0/F AUGUST 31, 2022 (REVISIONS) KEITH BAKER VACANT N89'23'00'1N 142.10' S77-$$,3o NE WILIF WILIF LANDWARD OF WLF 96,32, As DELINEATEDT Y SU FOLKATER ENVIRON ENDTAL 3 CONSULTING, INC. ON NOVEMBER 2, 2020 — ——_—_ —_— _ —_ —_—_— BOTTOM pF B N WLF — I ——_ —_ --- ----_—_—_ _— --_.4— _111111` A K 4 I I — _ N �— _jWLI j _ CY --10- _- - 5 zz-12 DEANNA & DOUGLAS TIKKAANEN -�O --------------- ��---- _ \ cP DWELLING � / � _-_ 1 �=---_ --``-_� �� ��� �\ EL=3.5' WELL i % �•'� 14.9-+vi Zo �50 NDND NE x ISTURBANCE BUFFER o ® WELL ZONE X ��' �\ �\ \\ \ ® WELLNI BASE EM NTS LINEOF BUILDNGS ENT IAF 16-'Z'-_— _— —_—_—_— S,8 f =ROPOSED== AY LINE BALE - \ \\ \\ \ ® WELL O I CID ®TEST PROPOS -- \ WELL 2 ED 5'min 8 Z / +16.8' 4 BED pRY 2o.0, 0w3, 1 .6 + ROO b PROPOS6�20 \ \ EL=16. ' CMF 96.0' DW3 FFSI�EENCE N O�ACDo FOOD E LINE I �� 0.01 s ) 6.51N 0 F N 75' WETLANDS ` I / / Q-0"�/ -� O PROP C/0 SETBACK LINE I THOMAS P. KELLY �- pH 21.`2` off-`N76$0,00»w TH®16.1' > > D�G�P4�VE,�D o �sr � 3010, O DWEW NG I CAROL R. KELLY D's7 WELL O!1 16 --- ----- �PFous) 16 e0X !`� �— OH O � � o --Cu:)— tP EL 14.8' --------- OH min. LP -- `-- -------- � ��i 100' WETLANDS / A _ EIBACK 11N CKERAY FDG , WELL Po F or PA�FMFNT $ O'Jobw `� O / O (eOw IVJp_ 12-----"— CMF DWELLING FRY SANE) R-6AD 114.72" � L=10.8 _ 408 O WELL & 36' CESSPOOL 150+ O—WATER METER VAULT. STUB DWELLING DWELLING ONLY. NOT IN \ eco WELL WELL SERVICE. ® WELL EL 8.8' FLOOD ZONE FROM FIRM 36103C0166H Map Effective Date. September 25, 2009 DWELLING KEY PUBLIC WATER Q = REBAR ® = WELL ® = STAKE PO CP O & = TEST HOLE Of t1EW Yp9 ® = PIPE MET !' 10 J• ? ® = MONUMENT ��/ CO) Do n ,* = WETLAND FLAG CP �O IN c0, = UTILITY POLE THE LOCATIONS OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVATIONS • ' AND OR FROM DATA OBTAINED FROM OTHERS. THEREFORE THEIR LOCATIONS AND OR EXISTENCE LA N.YS. LIC. NO. 49618 IS NOT GUARANTEED. N.Y.S. LIC. NO. 051132-01 ANY ALTERATION OR ADDITION TO THIS SURVEY IS A WOLA77ON OF SECTION 7209 OF THE NEW AREA= 32,440 SQ. FT. PECONIC SUR RS, P.C. YORK STATE EDUCA77ON LAW. EXCEPT AS PER SEC77ON 7209—SUBDIVISION 2. ALL (631) 765-5020 FAX (631) 765-1797 CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR P.O. BOX 909 COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. 12JO TRA VELE. 11971 T 04-148 Cantrell, Elizabeth From: Marina DeLuca <mdeluca@eastendenvironment.org> Sent: Wednesday, August 17, 2022 4:13 PM To: Noncarrow, Denis; Cantrell, Elizabeth Cc: Goldsmith, Glenn; Krupski, Nick; Gillooly, Liz; Peeples, Elizabeth; Sepenoski, Eric Subject: 480 Ackerly Pond Lane Trustee Permit Attachments: NHANRS Scientific Wetland Buffer REPORT.pdf,480 Ackerly Pond Lane.pdf Hi Dennis and Elizabeth On behalf of Group for the East End we submit the attached comments for the Trustees consideration. We appreciate the opportunity to review this proposal. Also attached is a recent scientific assessment of the extraordinary value of wetlands buffers done by the University of New Hampshire. While this report comes from New Hampshire it contains a literature review that is applicable to a wide range of wetland environments. If you have any questions or require any additional information please feel free to contact me at your convenience. Best, M Marina DeLuca Environmental Associate) Group for the East End Email. mdelucafteastendenvironment.ora Web: r,yww.GroupfortheEastEncl.org_ I;ttps.il�vww.facebook.com/GroupEastEndl Protecting the nature of the place you love ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. FFE E 18 2022 Southold Town Board of Trustees i E C E I V E GroupF,ORHE August 17, 2022 D J; Glen Goldsmith, President +AUG $ 20� 0 EastEnd Board of Trustees, Town of Southold 54375 Main Road P.O. Box 1179 Southold Tv�vrtl 50�`` jii2 clJ'f�Yt Board of TnJrstees ;� Southold,New York, 11971 Re: 480 Ackerly Pond Lane Wetlands Permit Robert S.DeLuca SCTM#1000-69-3-13 PRESIDENT BOARD OF DIRECTORS Dear President Goldsmith and Members of the Board of Trustees, Katherine Leahy Birch On behalf of Group for the East End, please accept the following comments and CHAIR recommendations regarding the proposed residential dwelling and permit request William Ryall for 480 Ackerly Pond Lane. VICE CHAIR Susan Abdallo The current proposal for 480 Ackery Pond Lane is significantly out of compliance Lou Bevilacqua with town regulations regarding the protection of wetland resources. Regulations W.Marco Birch set by the Southold Town Code require residences to have a 100-foot setback Kristen Briner from wetland boundaries. Setbacks and buffers are critical to protecting the Grociela Dauhajre integrity and health of local wetlands. They protect wetlands from human and pet Andrew Goldstein disturbance, the introduction of invasive species, and desiccation resulting from Stuart Goode clearing practices. Maintaining a buffer is critical to preserving water quality by Nestor Gounaris preventing runoff and sewage introduction. Sandra R.Meyer John F.Shea The entirety of the current proposed residence (excluding the septic tank) is built Kimberly Smith Spacek within the 100-foot setback requirement, making this proposal drastically out of Mary Walker compliance with town regulations regarding wetlands. This proposal only leaves a Donna Winston 50-foot setback where a 100-foot setback is required. P.O.Box 1792 Since the prior approval from the Trustees in 2004, Southold Town has made Southold,NY 11971 significant policy commitments in the interest of environmental protection. Most P.O.Box 569 notably,the Town adopted a comprehensive plan in 2020. The comprehensive Bridgehompton, NY 11932 plan utilized ten years of community input. It emphasizes the importance of the 631.765.6450 Southold's wetlands and estuaries as well as the environmental commitment of the GroupfortheEastEnd.org community and our elected officials. Specifically, the plan notes in Chapter 6, Goal 5.2, "In addition to protecting and improving the Town's wetlands, adjacent lands that provide buffers to wetlands must be maintained and enhanced, and where appropriate, re-established. These buffers are necessary to ensure the long-term viability of the Town's wetlands". The Trustees must uphold the current town requirements regarding wetland buffers and setbacks as they are imperative to protecting and preserving our wetland resources. If the board is concerned that its prior decisions were too lenient, this is not a reason to continue to ignore the standards outlined in the town code; instead, it is a reason to pursue more stringent compliance with the law. If the board wishes to continue to allow leniency in the interpretation of buffers and setbacks, there must be a protocol that the board follows so that applications are subject to the same standards rather than random and inconsistent decisions. We ask that the board deny this application. We believe the best outcome for a parcel of this level of environmental sensitivity would be public acquisition for preservation. We understand the complexities of public land acquisition; however, should such an option be possible, we will strongly support this endeavor. Thank you for your time and consideration of our comments. Sincerely, D Marina C. DeLuca Environmental Associate AVG 1 8 2022 Southold Town Board of Trustees University of New Hampshire itIPREP University of New Hampshire Scholars' Ps,.:l.qua 3�gr;n Estuaries Partnership Repository PREP Reports & Publications Institute for the Study of Earth, aces, an S P ) 6-13-2017 NHANRS Scientific Wetland Buffer REPORT Wetland Buffer Scientific Work Group n E U � AUG1 P 2022 Southold Towrt Board of Trustees Follow this and additional works at:https:Hscholars.unh.edu/prep Recommended Citation Wetland Buffer Scientific Work Group,"NHANRS Scientific Wetland Buffer REPORT"(2017). PREP Reports &Publications.386. https://scholars.unh.edu/prep/386 This Report is brought to you for free and open access by the Institute for the Study of Earth,Oceans,and Space (EOS)at University of New Hampshire Scholars'Repository. It has been accepted for inclusion in PREP Reports& Publications by an authorized administrator of University of New Hampshire Scholars'Repository.For more information,please contact Scholarly.Communication@unh.edu. NHANRS SCIENTIFIC WETLAND BUFFER REPORT NH ASSOCIATION OF NATURAL RESOURCE SCIENTISTS LEGISLATIVE COMMITTEE R E 9YEG 18 2022 Southold Town Board of Trustees Prepared By: Wetland Buffer Scientific Work Group June 13, 2017 Copyright © 2017 N.H.Association of Natural Resource Scientists rr NHANRS SCIENTIFIC WETLAND BUFFER REPORT TABLE OF CONTENTS Background ............................................................................... 1 WorkGroup Findings ...................................................................... 3 LiteratureReview ......................................................................... 6 Discussion ............................................................................... 7 Acknowledgements ...................................................................... 8 Table 1 Wetland Function Average Scores Table 2 Buffer Width Research Summary Appendix 1 New England States'Wetland/Waterbody Regulations Document Citations AUG 1 8 2022 Southold Town Board of Trustees Y� p E C E NH Association of Natural Resource Scientists Legislative Commi Wetland Buffer Scientific Work Group AUG 1 8 2022 Final Report Southold Town I. Background Board of Trustees - In March 2015, the Board of Directors of the NH Association of Natural Resource Scientists (NHANRS) authorized its Legislative Committee to form a Wetland Buffer Scientific Work Group (Work Group) to investigate the scientific basis for establishing protective buffers to jurisdictional wetlands in the State of New Hampshire. The purpose of this effort is to provide the science for use in future discussions regarding the need to advance wetland protection and to what extent. Vernal pools are complex resources that are unique in regards to their buffer protection requirements; as such, they are not addressed in this report and will need to be assessed separately. Additionally, tidal wetlands are presumed to be High Value Wetlands that are already protected with a buffer in New Hampshire (i.e. 100-foot Tidal Buffer Zone). At the March 25, 2015 organizing meeting at Devine Millimet's offices in Concord, New Hampshire, the Legislative Committee undertook the task of selecting Work Group members and establishing goals. These included the following: 1) To research, summarize and create a database documenting the current wetland buffer literature. 2) A compilation and analysis of the current existing data set of assessments using the Method for Inventorying and Evaluating Freshwater Wetlands in New Hampshire (NH Method)scores.1'2 3) To evaluate other possible wetland assessment methods that could replace the NH Method. 4) To make general recommendations to be reviewed by various stakeholder groups for possible consideration during a future legislative session(s). The Work Group met numerous times3 and completed the following tasks: A. Compiled and reviewed pertinent scientific literature related to the role of wetland buffers in protecting wetland functions. B. Compiled a database of wetland assessment scores from the use of the NH Method. C. Reviewed the database and determined the appropriateness of using the NH Method to identify High Value Wetlands (HVWs). 1 Stone, A.L., et al. 2015. Method for Inventorying and Evaluating Freshwater Wetlands in New Hampshire (NH Method). University of New Hampshire Cooperative Extension.Durham, NH. z The purpose of databasing NH Method scores arose from the report of the 2009-2010 State Legislative Commission on Land Use and Land Use Regulations, which recommended using specific NH Method scores to establish wetland buffers. 3 Minutes for these meetings are posted at: hztp1Inhanr-s.org/wetland-buFfet�-wvrkgroup-axeiidas-minuteswetland-buffer-wvrkgroup-axeiidas-rti mutes. Page 1 D. Conducted a review of other wetland assessment methodologies for possible use in identifying HVWs. E. Compiled and reviewed wetland buffer regulations from all New England states. F. Drafted a preliminary list of suitable criteria for identifying HVWs. The Work Group reviewed numerous scientific research papers, state publications, state Best Management Practices, Environmental Protection Agency (EPA) guidance documents, riparian buffer publications, and other pertinent data as part of this effort to compile a comprehensive data base for buffer data and documentation. The Work Group did not attempt to define the term 'buffer', but rather focused on collecting scientific data to build a comprehensive data base that included many different definitions and applications for wetland buffer protection. The Work Group did find similarities and consistencies within the data that both serve to define buffers and interpret their function. The scientific literature is overwhelming regarding the benefit of vegetated buffers: Buffers are vegetated areas adjacent to an aquatic resource that can,through various physical,chemical, and/or biological processes, reduce impacts from adjacent land uses. Buffers also provide some of the terrestrial habitats necessary for wetland-dependent species that require both aquatic and terrestrial habitats (Sheldon, D.,et al. 2005).4 The primary function of aquatic buffers is to physically protect and separate a stream, lake, or wetland from future disturbance or encroachment. If properly designed, a buffer can provide stormwater management, and can act as a right-of-way during floods, sustaining the integrity of stream ecosystems and habitats. In addition to protecting natural resource areas, buffers are the least expensive way for municipalities to protect homes and roadways from flood damage, manage floodwater, and protect water quality(City of Portsmouth. 2015).5 The physical influence of buffers depends on the vegetation characteristics: including its composition, density and roughness. The effectiveness of a buffer to provide water quality protection depends on the vegetation characteristics, percent slope, soils, buffer width and length. Buffers biologically treat surface and shallow groundwater through plant uptake or by biological conversion of nutrients and bacteria into less harmful forms or more useful forms(Sheldon, D.,et al. 2005).4 p E C E. � LAUG 1 8 2022 Southold Town Board of Trustees 4 Sheldon, D., et al. 2005. Wetlands in Washington State -Volume 1: Synthesis of the Science. Washington State Department of Ecology.Publication#05-06-006.Olympia,WA. 5 City of Portsmouth.2015.What is a Wetland Buffer?www.planpartsmouth.com/wetlandbuffer.htm1. Page 2 C U �,�'�, {s�t,``.'�'�l�y�i',Lim,�r�,fir+1�.=�-�„°k•�;:,�,�'�,��s���1�� II. Work Group Finding s Southold Town Board of Trustees The findings of the Work Group are summarized below and are presented by task designation. Task A. Several Work Group members researched existing scientific literature and compendia that dealt with riparian and wetland buffers. The following general sources were consulted: ❖ 18 state-specific publications ❖ Three compendiums representing 468 peer-reviewed articles ❖ State Best Management Practices(BMPs) ❖ EPA guidance documents on buffers and riparian management zones(RMZs) ❖ US Army Corps of Engineers guidance on mitigating direct,secondary, and cumulative impacts Specific findings from the scientific literature can be found in Section III below and in the enclosed Buffer Width Research Summary table (Table 2). Task B. The Work Group sought to compile a dataset of wetland functional value scores using the NH Method from actual field studies performed by Wetland Scientists. The intent was to evaluate whether sufficient NH Method data exist to help determine which wetlands would warrant buffers. This approach borrows from a concept initially recommended by the HB 1579 Study Commission (https://www.nh.goy oen/planning/reSOLirces land-development-commission-htn;), which suggested that quantitative analysis of NH Method scores could be used to rank New Hampshire wetlands to identify "the most significant 10 to 25 percent of all individual wetlands," which, the Commission suggested, should be subject to a wetland buffer (see HB 1579 Commission Findings 16-20 and Recommendations 1-3). To accomplish this task, NH Method data were solicited from the NHANRS membership via the organization's website, through announcement at NHANRS meetings, and through direct contact with wetland scientists engaged in town-wide or other large wetland functional studies. Table 1 summarizes the data set compiled from this effort. A total of 133 NH Method evaluations were compiled from 11 different wetland scientists. They included a wide spectrum of wetlands across New Hampshire. The data collected during this effort helped to inform the Work Group's recommendation not to use the NH Method for the purpose of determining which wetlands warrant buffers (see discussion under Task C below). Table 1. Wetland Function Average Scores for 133 Wetlands in New Hampshire Wetland Functions&Scores Mean St Dev 1St Quart 2" Quart 3`°Quart 1.ECOLOGICAL INTEGRITY 7.20 2.10 5.40 7.60 9.00 2.WETLAND WILDLIFE HABITAT 6.55 1.53 5.33 6.50 7.70 3.FISH&AQUATIC HABITAT 4.52 1.69 3.40 4.45 5.73 4.SCENIC QUALITY 6.26 1.96 4.57 6.00 7.90 S.EDUCATIONAL VALUE 5.87 1.66 5.09 6.07 6.86 6.WETLAND-BASED RECREATION 5.64 1.73 4.31 5.50 6.90 7.FLOODWATER STORAGE 4.13 1.55 2.92 4.08 5.20 8.GROUNDWATER 3.60 2.63 1.00 3.30 5.90 9.SEDIMENT TRAPPING 5.75 1.68 4.60 5.75 6.70 10.NUTRIENT TRANSFORMATION 6.02 1.70 5.10 6.30 7.30 11.SHORELINE ANCHORING 6.22 2.69 5.50 6.63 8.13 12.NOTEWORTHINESS 25.53 13.60 10.00 30.00 35.00 Page 3 U AUG 1 8 2022 REPORTNHANRS SCIENTIFIC WETLAND BUFFER Southold Town SQard of Trustees Task C. A review of the NH Method database and its possible use to identify HVWs was performed. The purpose of the NH Method is to provide "a valuable educational tool for increasing understanding about the functions and values of wetlands." After review of the data, the Work Group agreed that the NH Method is an excellent tool to assist Town officials "to make decisions to tailor wetland protection for those values it views as most important. For example, a town may wish to protect wetlands with high scores for flood storage, or large wetland complexes that provide important wildlife habitat." However, all were reminded on the NH Method limitations. As stated in the NH Method manual, "the NH Method is not a substitute for more detailed site-specific studies. Where these studies are required, e.g. a detailed wildlife study or water quality assessment or wetland boundary delineation, other site specific methods should be used." One goal of the Work Group was to minimize cost for the landowner or applicant to identify whether the trigger for a buffer exists on their property. On that basis, a motion was made and unanimous vote passed to not use NH Method values for determining wetland buffers, but rather to seek a simplified approach for identifying wetlands where buffers could be warranted. Task D. Other wetland assessment methodologies were reviewed and discussed for identifying HVWs. These included the US Army Corps of Engineers(Army Corps) Highway Methodology6, EPA's review of 16 Rapid Assessment Methods (RAMS)', Rhode Island RAM$, Washington State Wetland Function Assessment Methods (WFAM)9, Hydrogeomorphic Approach for Assessing Wetland Functions (HGM Approach)10, and the pending Army Corps/EPA New England Wetland Functional Assessment method" Erica Sachs (EPA) made a presentation to the Work Group on the latter; however, it has not been finalized and it is unknown when all reviews will be completed for its release. None of the existing methods appeared suitable to the Work Group for generalized use. Task E. Wetland/waterbody regulations in New England states were compiled and distributed amongst the Work Group members. It was noted that New Hampshire is the only New England state that lacks a generalized buffer to wetlands or smaller surface waters. A table summarizing these regulations is attached to this report (see Appendix 1).12 In general, all other states throughout New England have some provision for wetland and/or riparian buffers, but the approach varies throughout the region. A review of these various approaches by the Work Group determined that the definition of"Wetlands of Special Significance" within the Maine Natural Resource Protection Act is a reasonable means of addressing wetland buffers for New Hampshire to consider; it is relatively clear and comprehensive while remaining simple in concept and application. 6 USACOE. 1999. The Highway Methodology Workbook Supplement. US Army Corps of Engineers New England District.32 pp. NAEEP-360-1-30a. Fennessy, M.S.,A.D.Jacobs and M.E. Kentula.2004. Review of Rapid Assessment Methods for Assessing Wetland Condition. EPA/620/R-04/009. U.S. Environmental Protection Agency.Washington,DC. 8 Kutcher,T. 2011. Rhode Island Rapid Assessment Method User's Guide,RIRAM Version 2.10. University of Rhode Island. Kingston, RI. 9 h-to: www.ecv.wa. ov/oroRrams sea wetlands wfa to Smith, R.D.,et al. 1995.An Approach for Assessing Wetland Functions Using Hydrogeomorphic Classification, Reference Wetlands,and Functional Indices. US Army Corps of Engineers.Wetlands Research Program Technical Report WRP-DE-9.Washington, DC. 11 htto: nhanrs.ore/2017Events AnnualConferencePresentations Minkin. df. 12 This information can also be accessed at: htt : nhanrs..or nhanrs-wetland-buffer-work rou literature. Page 4 D 19tYvt AUG 1 8 2022 I wn Board of Trustees Task F. Based on a discussion of the data and concepts generated during Tasks A through E, Ine worK Group agreed that it would be beneficial to develop a simplified approach to identifying wetlands where it would be environmentally beneficial to implement protective buffers. The Work Group proceeded to develop criteria for High Value Wetlands (HVWs) to be used in application of the simplified approach. One of the critical concepts behind this approach is to allow an applicant, landowner or natural resource professional to determine whether a specific wetland would be subject to a wetland buffer based on a relatively short list of science-based criteria. Through various meetings, the Work Group arrived at a consensus list of potential criteria for the HVW designation,as outlined below. Potential HVWs Identified by the Wort{Group and Potential Tools to Identify Them: A Marsh/Scrub-Shrub Wetlands Very poorly drained soilsl3 map with National Wetlands Inventory(NWI)14 overlay. B Peatlands Very poorly drained soils13 map with NWIN overlay. C Tier 3 Streams's(starting at Ordinary High Water Mark16) NHDES Tier 3 stream map. D Floodplain Wetlands Alluvial very poorly drained soils13 map and Alluvial poorly drained soils13 map. E Contiguous Forested Wetlands, 10 acres or greater, with Very Poorly Drained Soils Very poorly drained soilsl3 map. F Wetland Natural Communities designated as S1,S2 or Exemplary by the NH Natural Heritage Bureau(NHB)17,minimum size is built into NHB ranking system NHB is not currently set up for private homeowner use. A new format could be designed or incorporated into a plan. G Wetland Habitat that supports documented occurrences of Threatened or Endangered Species NHB is not currently set up for private homeowner use. A new format could be designed or incorporated into a plan. 13 U.S. Department of Agriculture, Natural Resources Conservation Service,Web Soil Survey Maps. httos://websoilsurvey.sc.egov.usda.F,ov/Apo/HomePage.htm 14 U.S. Fish&Wildlife Service, National Wetlands Inventory. https:/fwww.tws.g-oy/wetlarids/riwi/indc-x.ht.ml is hups://www.des.nh.gov/or anization/commissioner/legal/rules/documentsler)v-wtgoo.pdf. 16 httn www, encotirt.state.nh.u5 rsa htrni/t/483.6 483-B-4.htm. 17 Sperduto, D.D.and W.F. Nichols.2012.Natural Communities of New Hampshire,Second Edition. New Hampshire Natural Heritage Bureau. UNH Cooperative Extension, Durham, NH. Page S A U G 1 8 2022 NHANRS SCIENTIFIC WETLAND BUFFER •O _ Southold Town Board of Trustees III. Literature Review The ecosystem service value of wetlands is undeniable. Commonly cited functions include flood storage, water quality enhancement and wildlife habitat. Each of these functions applies to most wetlands, regardless of their size, cover type, or position on the landscape. That said the effectiveness of wetlands to perform these services depends largely on the soil-water flux, substrate type, slope, and vegetation structure of the uplands adjacent to the wetland. In fact, as most wetland assessment methodologies recognize, it is the characteristics of the uplands adjacent to a wetland that often dictate the effectiveness of wetland functions. The Ecological Integrity Assessment (EIA) Method in particular focuses on the land use, soil, and vegetation of the adjacent uplands in order to assign an effectiveness value to a wetland (Nichols, W.F. and D. Faber-Langendoen. 2015)18. Nearly all twelve of the NH Method functions ask questions about human activities in the uplands adjacent to a wetland, particularly those of Ecological Integrity, Wetland-dependent Wildlife, and Groundwater Recharge. In the draft version of the pending Army Corps/EPA New England Wetland Functional Assessment Method, under Biota Support, buffer integrity plays a significant role in characterizing the Plant Community Integrity and Wildlife Habitat Integrity variables. Reviews were performed of a number of state-specific research reports; three separate compendia, representing 468 peer7reviewed wetland buffer articles;and, BMP's and federal guidance documents on minimizing and mitigating for wetland function loss. It appears that research guidelines fall into three generalized areas of concern: A) Water Quality B) Water Quantity(Hydrologic Integrity) C) Wildlife Habitat Integrity Water Quality concerns address a variety of physical, chemical, and biological pollutants that uplands adjacent to a wetland tend to filter out or remediate. Of particular concern are those pollutants that have demonstrable and direct impacts to water quality, such as sediment, total dissolved solids (TDS) nitrogen (N), phosphorus (P), and coliform bacteria (E. coli & fecal coliform). As a consequence, recommended upland setback distances to wetlands are often correlated with the ability of a particular upland landscape to trap,filter,transform, or uptake these pollutants. These are, in turn, dependent on the physical and biological characteristics of the buffer area that is being considered. Substrate particle size, slope,vegetative cover, and water flux are often cited as independent variables that directly affect the ability of a buffer strip to perform its trapping,filtering,and transforming function. Water Quantity addresses the ability of uplands adjacent to a wetland to mediate the flow of water across the landscape. Sometimes referred to as "Hydrologic Integrity", this concern captures the physical dynamic of surface water flow, groundwater recharge and discharge, erodibility, infiltration, base flow in streams, and saturation/inundation levels in wetlands. Tightly tied to the delivery of pollutants into surface waters, this area of concern is also shaped by independent variables such as slope, substrate, and vegetative cover. Shifts in global climate cycles have also given rise to a great deal of research relative to the potential effects of sea level rise and 500-year storms on local water budgets. 18 Nichols,W.F.and D.Faber-Langendoen.2015. Level 2 Ecological Integrity Assessment Manual for New Hampshire:Wetland Systems.New Hampshire Natural Heritage Bureau,Concord, NH. Page 6 _IL___7-LOHANRS SCIENTIFIC WETLAND BUFFER REPORT Wildlife Habitat Integrity appears to have the greatest breadth of wetland buffer research associated with it. Studies have ranged from singular species and the effects of a singular variable upon it (e.g. wood frog populations relative to habitat fragmentation or loss), to studies of multiple species. The concept of"integrity" among a wide array of wildlife species is difficult to approximate on a community level, let alone a landscape level. As a consequence, studies on buffer widths for upland areas adjacent to wetlands and other surface waters are extremely variable. IV. Discussion The enclosed Buffer Width Research Summary table (Table 2) includes a tabular summary of buffer widths based on the literature described above. It summarizes distances based on individual studies as it relates to the objectives of each study. Research may be regionally or site-dependent, and may vary from sub-watershed to sub-watershed, landscape type to landscape type, and biological region to biological region. Identified buffer findings are based on published data for a wide variety of conditions in New England and beyond. The studies documenting the relative benefits of buffer widths are broken into three sections: the first summarizes water quality benefits;the second summarizes water quantity and flow functional benefits; and the third summarizes wildlife habitat/migratory pathway benefits. Because of the above-described variables,the study data has been organized on the associated aquatic resource type focus area accordingly, with each type color-coded as indicated in the key at the top (i.e. wetlands, light green;streams, light blue; ponds<10 acres,orange; and Great Ponds, medium blue). As presented in Table 2, there is a wide range of buffer width recommendations reflected in the scientific literature. Appropriate ranges will need to be developed based on a better understanding of the variables within these studies and how they apply specifically to the wetland systems found in the State of New Hampshire. In summary,the Work Group arrived at the following conclusions: • The scientific literature provides ample evidence of the ecosystem service value of wetlands. Further, numerous studies support the conclusion that the effectiveness of a wetland to perform many of these services depends in some measure on the integrity of undisturbed uplands adjacent to the wetland. • New Hampshire laws and regulations already provide for a wetland buffer in certain cases: o RSA 482-A provides for a 100-foot upland buffer zone adjacent to tidal wetlands. o RSA 482-A also allows local communities to designate certain wetlands as "prime," thereby affording additional protection to those resources, though it does not establish buffers to prime wetlands. o RSA 483-B provides for regulation of activities in the "protected shoreland," i.e. the upland area up to 250 feet from certain freshwater and coastal waterbodies. However, these existing buffer provisions do not apply to all wetland resources in New Hampshire. Additional High Value Wetlands (HVWs) may exist that would benefit from protection of adjacent uplands. Page 7 AUG 1 8 2022 Southold Town Board of Trustees NHANRS SCIENTIFIC WETLAND BUFFER REPORT • A review of common wetland evaluation methods (e.g. the "NH Method") found that the application of these methods to identify which wetlands might warrant a wetland buffer or to determine the appropriate size and configuration of such a buffer is impractical due, in part, to the time and cost of completing such an evaluation on a site-specific basis. • The Work Group found that it should be possible to develop a simplified approach to identify which HVWs warrant protection of adjacent upland areas. Such a method should not rely on site-specific studies, and ideally would lead to the creation of a state-wide GIS coverage of wetlands warranting buffers to allow clarity for landowners and regulators. The Work Group developed a preliminary method for identifying such HVWs, which should be useful if changes to RSA 482-A will be considered relative to the expansion of wetland buffers. • Determination of the appropriate width of a wetland buffer involves several variables, as evidenced by the variability of effective buffer widths and configurations reported in the scientific literature, as well as in various resource management regulatory systems. The Work Group found that recommendations relative to appropriate buffer widths will require additional examination and consideration. V. Acknowledgements The membership of the Work Group was comprised of the following NHANRS professional scientists: Rick Van de Poll, private consultant, Work Group Chair 2015-16; Larry Morse, private consultant, NHANRS Legislative Committee Chair 2015; Collis Adams, NHDES Wetlands Bureau; Cindy Balcius, private consultant, NHANRS President 2016-17; Tracy Tarr, private consultant, NHANRS Wildlife Discipline Chair 2015; Mary Ann Tilton, NHDES Wetlands Bureau; Matt Urban, NHDOT;and Pete Walker, private consultant. Assistance was provided by the NHANRS Legislative Committee, all private consultants: Mike Parsont (NHANRS Vice President 2016-17; Acting Work Group Chair 2016-17), Chris Albert(Legislative Committee Chair 2016-17),Cindy Balcius,Tracy Tarr, Marc Jacobs and Jim Kennedy. D � C EC WE AUG 1 8 2022 Southoid Town Board of Trustees Page 8 TabT Brafhr Wldxh Pesearch Summary Nr�vn Sn�rre WMss.O ac o+rrta�w [ta gnuN TBv4 AMA df ONtftenelg/shrl'IGY+4r Wasaretssk rOBr iupigltOn rlgOarry WafieljlrAlxM1 �Kdc fm, p,ihf ti>.w,ncmtratrrk clhrrat _ w,..�yw a tw.ma o a..ea aapo n. - �� .coal rxB �]a.n. .tmn >rben 1lseorsMMrr 19M n•ria..R 110-sirtR He-vxAn vxEbnMKPMEI fxLn re•JJ na aMR M•1" i✓b-TOgh tan n.KdR - fa.lian a1OaM1 ria•r1pIt W-vwn rlo•:OLO er _ !10111 assn iunu-Mil r.EnNM 1 - xr:•fa]n rJJ•ffl fr W•icln hw iR6 -.ha.bdf atg]R a4p -- tYR x[OR ,,argue n.mn w•taon w Aw[Jp411 - IW senxi.ar a.ad .ata.Itw rai.. kmh - -wD-POOH y •ren tm'•rann ftO-lnn frig.Srrf• lx:am.e..vt ae3R wR :ern iIM- axnn arrR i Yrrr� 'S81•reO01 'Oe-1O6R tto-igen _ rae.:lwa..fs.+.RK s4.rR ewarvirnrtr _ 66.uOfi ii 11-nA<fi t,tsn.a NwrvrrA sirr.ar�n. aX 1!-aatr u 1R aY 1On-%0P 19P-1W at fA0• x n•3rR Ma POOR glsefi e-+•v Pltp;teaOWeT 'A•Ir4R 'A-r4Ofi darrlarsaE�� R n-I43fi Isarwl Mr.]fr1*e<iw:ai a.eaao dalnmY r rl.n n '——e[Oertm llwr - iMR al1fR •Pun tour■ _ sr:-antl nr-.,a 1. - ryak�y.slt0141 Enbri tyxr�r ilnil _ ]a•T0X J]•%qn ac..4-Servna0usdt t ]-iwR ^-'e1aY4r 3 Mat f]ir aun ■�aa1Jlienst Oaa'rA - asOn NOTE:AV—.... Some measurements were consmrtetl from Metric Umts to English Units for this purpose.. r Based an 9 reDhles,l9 amphibians,l4 mammals,antl 33 hods that were idenu6ed as"wetland dependent" Ap livable for Sg%of spaces s ApplivaW for fi7 -pales °Applicable for 75%01 waterfowl spaces antl 03Y,of passerine spaces s Applicable for 57%d spaia removal of 90%01 each pollutant 'W enger also suggacs adding 2 h(0 fi m)far every 1%Of slope °Based on 21 papers r elated in water qualify concerns °Median removal rale was 65%lar]O m(33 h)huller and B5%for 30 m(9g XI huller lm 28 studies of both grass and Ipresl butler sites 10 Based on 38,tadia in a variety of locale and with variable rover types;metlian removal rate lar tnis distance was O9Y. — 'r For the maintenance of sn eam bank a,d stream ch.O net wid ffi.—grity V "Based an 1dOOar[icles researched by WAEish&WAdhle 'sPaOmmends minimum'nocul'zones alonggreatponds(35 X1,1st/2ntl/4th order streams(25 b) 3rd order streams(SO X) 1 U ,1L�`rJ• j°Applicahle only to&anding's turtles rs Study-,—d removal of 73-e8%tor N.-tc Nitrogen antl 51-87%for Total Phosphorus f AUG 1 8 2022 LSouthold To Board of Trustees Appendix 1: New England States'Wetland/Waterbody Regulations—Buffer Summary Connecticut Inland Wetlands and Inland Wetlands and Watercourses Watercourses Act(IWWA), In Connecticut, development in or near inland wetlands and Sections 22a-36 through watercourses conducted by entities other than the State are regulated 22a-45 of the General by the municipality in which the work will occur. The State provides a Statutes of Connecticut. model regulation which each municipality may adopt or amend as long as the regulations provide the minimum protection consistent with the Connecticut Coastal IWWA. Regulations are reviewed and approved by the Connecticut Management Act(Section Department of Energy and Environmental Protection (CT DEEP), but 22a-90 through 22a-112 of there is no appeal to the CT DEEP for municipal permit decisions. the Connecticut General Statutes),the Structures Inland wetlands are defined as "any of the soil types designated as Dredging and Fill statutes poorly drained, very poorly drained, alluvial, and floodplain by the (Section 22a-359 through National Cooperative Soil Survey, as may be amended from time to 22a-363f)and the Tidal time, of the Natural Resources Conservation Service of the United Wetlands Act(Section 22a- States Department of Agriculture."Watercourses are defined in the 28 through 22a-35). Act using common terms such as rivers, streams, brooks, lakes, ponds and waters. Freshwater wetlands are regulated by each Intermittent Watercourses also subject to regulation under the IWWA municipality under the are recognized by a defined permanent channel and bank and the IWWA;the upland review occurrence of two or more of the following characteristics:1)evidence zones,buffer zones,and of scour or deposits of recent alluvium or detritus,2)the presence of setbacks that may be standing or flowing water for a duration longer than a particular storm required vary widely incident, and 3)the presence of hydrophytic vegetation. among the regulations adopted by the 169 The upland review zones, buffer zones, and setbacks that may be municipalities required vary widely among the regulations adopted by the 169 implementing the IWWA. municipalities implementing the IWWA. The CT DEEP Coastal Tidal Wetlands Management Program Unlike inland wetlands which are defined by soil type and typically regulates work in tidal, regulated by the municipalities,tidal wetlands are defined in the Tidal coastal and navigable Wetlands Act by their current or former tidal connection,and their waters and tidal wetlands, capacity to support certain wetland vegetation.Tidal wetlands are flat, where a minimum 100 foot vegetated areas that are subject to regular flooding by the tides. buffer zone is Typically found along the shore and estuaries of Long Island Sound, recommended. tidal wetlands also occur further upstream along tidally influenced rivers and their tributaries.Although tidal,they are not necessarily associated with salt water,and can support freshwater or brackish vegetation. Tidal wetlands are regulated exclusively by the CT DEEP. A minimum 100-foot vegetated Buffer Zone to tidal wetlands is recommended. n U AUG 1 8 2022 App-1 Southold Town Board of Trustees Maine Natural Resources "Wetlands of Special Significance" (WOSS)are defined as: Protection Act(NRPA) 38 • Containing S1 or S2 critical imperiled community MRSA Sec 480-B(1988) & Wetland contains Significant Wildlife Habitat • Wetland is located within 250'of coastal wetland Under the NRPA adjacency 0 Wetland is located within 250'of great pond provision, activities within 0 Wetland contains at least 20,000 SF of aquatic or emergent 75 ft of certain wetlands vegetation (wetlands of special • Wetland is inundated with Floodwater during a 100-year flood significance),and rivers, event streams, and brooks are . peatlands regulated. . Wetland located within 25' of a river,stream or brook. Additionally, under NRPA, Activities that are located within 75 feet of such resources, but do not a 250 ft regulatory zone disturb within 25 feet of the resource,are eligible for a 'Permit By Rule' extends from the edge of which is a basic and expedited permitting process. Direct impacts to certain vernal pools. wetlands of special significance, rivers,streams,or brooks require a full NRPA permit.Activities within 75 feet of other common types of Wetlands of Special wetlands that do not meet WOSS criteria are not regulated. Significance 75' Buffer "Significant Wildlife Habitat" is defined and protected under Maine Significant Vernal Pool law,which includes"Significant Vernal Pools." Significant Vernal Pools 250' Buffer are defined by the type and number of amphibians using the pool for breeding, absence of predatory fish,geomorphic attributes, and the presence of certain rare species. Not all vernal pools are regulated Significant Vernal Pools. If a pool meets the criteria for a Significant Vernal Pool,then a 250 foot regulatory zone extends from the edge of the pool. Many land use activities within this 250 foot zone trigger the need for either a Natural Resources Protection Act Permit,or a Permit By Rule, depending on the type and extent of the impacts. The following management practices are used as guidelines for protecting vernal pool habitat and evaluating land use impacts: • No disturbance within VP depression; • Maintain a minimum of 75%of the critical terrestrial habitat as unfragmented forest with at least a partly closed canopy of overstory trees to provide shade, deep litter and woody debris • Maintain or restore forest corridors connecting wetlands& significant vernal pools; • Minimize forest floor disturbance; and • Maintain native understory vegetation and downed woody debris. In some cases, "directional"vernal pool buffers have been applied to protect vernal pools proximal to land development or land use projects. AEC F A U G 1 8 2022 App-2 Southold Town Board of Trustees Maine(continued) Mandatory Shoreland The shoreland zone is comprised of all land areas within 250 feet, Zoning Act horizontal distance,of the: 0 Normal high-water line of any great pond or river; The Mandatory Shoreland ■ Upland edge of a coastal wetland, including all areas affected Zoning Act(MSZA)requires by tidal action,and municipalities to adopt, • Upland edge of defined freshwater wetlands;and administer, and enforce . All land areas within 75 feet, horizontal distance,of the normal local ordinances that high-water line of certain streams regulate land use activities in the shoreland zone. The Act is administered by municipalities,which create a zoning map of the streams,waterbodies, and wetlands to which the requirements apply. State law defines minimum criteria, but municipalities may opt for stricter standards.A regulatory shoreland zone is established around these resources, and is typically 75 feet along both sides of certain streams and 250 feet from the edge of certain wetlands and surface waters.The Shoreland Zone is not a buffer; it is a special zoning district in which certain standards,setbacks,dimensional requirements,or land use prohibitions apply. Massachusetts Wetlands Protection Act Wetland boundaries are delineated in accordance with the Regional Massachusetts General Supplement to the Corps of Engineers Wetland Delineation Manual: Laws(MGL)Chapter 131, Northcentral and Northeast Region (2012), and Delineating Bordering Section 40 Vegetated Wetlands under the Massachusetts Wetlands Protection Act (March 1995). Under the Massachusetts Wetlands Protection Act, 100 ft upland buffer applies to the following resources: upland activity within 100 Bordering Vegetated Wetlands (swamp, marsh, bog,wet ft of most wetlands and meadow) within 200 ft of perennial . Banks(river,stream, pond, lake) streams is regulated. a Coastal Resources (coastal wetland, beach,dune) Most Wetlands 200 ft Riverfront Resource Area applies to: 100' Buffer . Perennial streams(as defined on USGS topo maps) Perennial Streams 200' River Resource Area New Hampshire NH Dredge and Fill(RSA 482-A),483-B and NH Code 100 ft from Highest Observable Tide Line of Administrative Rules Chapters Env-Wt 100-900 Municipally Designated Prime Wetlands E C E [J W X[1 100'Tidal Buffer Zone State Designated Protected Shorelands 100' Prime Wetlands AUG 1 0 20222 Adjacency 250' Protected Shoreland Southold Tawn Board of Trustees App-3 Rhode Island Freshwater Wetlands Act, Freshwater Wetlands RI General Law Section 2-1- Wetland boundaries are delineated in accordance with the Regional 18 Supplement to the Corps of Engineers Wetland Delineation Manual: Northcentral and Northeast Region (2012),and Rules and Regulations In Rhode Island,a 50 ft Governing the Administration and Enforcement of the Freshwater buffer is applied to some Wetlands Act(RIDEM 2014). freshwater wetlands based on their type and size. In "Perimeter Wetland" is land within 50 ft of bog, marsh,swamp or the coastal zone,permits pond.This buffer applies to the following resources: for upland activities are ■ Swamp 3 acres or greater in size generally required within . Pond%acre in size 200 feet of a tidal wetland ■ Marsh 1 acre in size or coastal feature. Bog no minimum size(buffers always apply) For purposes of identification,this area shall be measured horizontally, Perimeter Wetland without regard for topography,from the edge of such a wetland, 50' Buffer determined by an on-site delineation. Riverbank Wetland[Stream "Riverbank Wetland" is that area of land within 200 feet of the edge of width less than 10 ft) any flowing body of water having a width of 10 feet or more,and that 100' Buffer area of land within 100 feet of the edge of any flowing body of water having a width of less than 10 feet during normal flow.Width during Riverbank Wetlands normal flow is the distance between the opposite edges of the flow Stream width 10 ft or channel of the river,stream,or intermittent stream,as determined by more the criteria set forth in Appendix 2C of the Rules.The criteria includes: 200' Buffer identification of the ordinary high water mark,observation of physical characteristics, or presence of characteristics associated with lentic Rhode Island Coastal and lotic ecosystems. Resources Management Program, RI General Law Certain wetland types do not have a buffer applied: Title 46 Chapter 23 Forested/Shrub Wetland (swamp 3<acres) ■ Emergent Plant Community(marsh< 1 acre) Tidal Waters and Coastal Open Water Body(pond<%acre) Features . Special Aquatic Site 200' Contiguous Area • Area Subject to Flooding (Buffer) Area Subject to Storm Flowage Buffer Zone (width varies) Floodplain (1%annual chance flood) Building Setback(50 feet Coastal Zone Management from landward limit of Generally,a permit is required for any construction or alteration in the coastal region or tidal waters of Rhode Island.Also, permits are Coastal Feature, Buffer required for work that is within 200 feet of the mean high water mark; Zone plus 25 feet)) within 200 feet of the landward limit of a coastal feature(e.g., beach, dune, cliff, bluff, ledge,salt pond or wetland, manmade shoreline). CRMC applies a Buffer Zone and a Building Setback to the coastal feature which are generally contained within the 200-foot Contiguous A U G 1 8 2022Area. Buffer Zone width is based on the use type of the adjacent EI)l waterbody and the size of the lot. In some areas, buffer zone width is Southold 'own related to coastal erosion rates. App-4 Vermont Vermont Wetland Rules Vermont Wetland Rules regulate wetlands that provide significant Vt Code R. 12 004 056 functions and values.Activities that are not Allowed Uses as defined in Amendments adopted 7- the VWR are required to obtain permit coverage under either the 16-10 General or an Individual Vermont Wetland Permit. Under the Vermont Class I Wetlands-100 ft Buffer Exce tionaI and irre laceable Wetland Rules(VWR), function/value): upland activity adjacent to • those identified on the VSWI mapping as Class I wetlands is regulated.In • Determined by the Water Resources Panel to provide most cases, the buffer is exceptional or irreplaceable wetland function and merits the 100 ft from Class I and 50 ft highest level of protection for Class II wetlands. The • Very few identified in the state VWR give authority to the Secretary of ANR to Class II Wetlands—50 ft Buffer(Significant function/value): increase the buffer under The following wetlands are Class II,or are presumed to provide certain circumstances. significant function/value and are therefore Class II and subject to minimum 50' regulated buffers from delineated boundaries: http://www.watershedman a Wetlands mapped by,or contiguous,with VWSI mapping agement.vt.gov/wrpruies/w Open water(pond);emergent marsh,shrub swamp;forested smd—VWR%207-16-10.pdf swamp,wet meadow, beaver pond, beaver meadow; bog or fen;or greater than 1/2 acre. Class I Wetlands . Wetland containing woody vegetation adjacent to a stream, 100' Buffer river or open water body • Wetland containing nonwoody vegetation adjacent to Class II Wetlands stream, river or open water 50' Buffer Wetland is a vernal pool that provides amphibian breeding habitat • Wetland is a headwater wetland • Wetland adjacent to impaired waters and impairment related to wetland function WQFs Wetland contained R,T, E,or uncommon or rare natural community • Wetland previously designated as a significant wetland • Wetland found to provide significant function per an evaluation pursuant to Section 5 of the VWR(ten wetland D EC E functions identified,and a wetland functional evaluation form available for evaluation) H 1 8 2022 Class III Wetlands: • Those not designated as Class I or Class II • Not regulated by the VWR, but still subject to regulation by the Boaardrd o ld f Trustees Southold Town USACE pursuant to Clean Water Act Sections 401/404 o See also this link to the 2016 EPA Stream and Wetland Buffer Protection Workshop for more New England States' information: httj)://www.neiwt)cc.org/wetlands/buffers.asp App-5 Document Citations Ahola, H. 1990.Vegetated Buffer Zone Examination of the Vantaa River Basin. Aqua Fennica 20:65-9. Bennett, K.P. (Ed.). 2010. Good Forestry in the Granite State: Recommended voluntary forest management practices for New Hampshire (second edition). University of New Hampshire Cooperative Extension. Durham, NH. Bentrup, G. 2008. Conservation Buffers: Design Guidelines for Buffers, Corridors and Greenways. Gen. Tech. Rep. SRS-109. U.S. Department of Agriculture, U.S. Forest Service, Southern Research Station. Asheville, NC. Boyd, L. 2001. Buffer Zones and Beyond: Wildlife use of wetland buffer zones and their protection under the Massachusetts Wetland Protection Act. Wetland Conservation Professional Program, Department of Natural Resources Conservation, University of Massachusetts.Amherst, MA. Brown, M., J. Schaefer and K. Brandt. 1990. Buffer Zones for Water, Wetlands, and Wildlife in East Central Florida.Center for Wetlands. CFW Publication No.89-07. Gainesville, FL. Chase, V.P., L.S. Deming and F. Latawiec. 1997. Buffers for Wetlands and Surface Waters: A guidebook for New Hampshire municipalities.Audubon Society of New Hampshire. Concord, NH. City of Portsmouth. 2015.What is a Wetland Buffer?www.plan portsmouth.comlwetlandbuffer.htm1. Correll, D.L. and D.E. Weller. 1989. Factors Limiting Processes in Freshwater Wetlands: An agricultural primary stream riparian forest.Smithsonian Environmental Research Center. Edgewater, MD. deMaynadier, P., T. Hodgman and B. Vickery. 2007. Forest Management Recommendations for Maine's Riparian Ecosystems. Technical Report submitted to Maine Department of Inland Fisheries and Wildlife. Bangor, ME. Desbonnet, A., et al. 1994. Vegetated Buffers in the Coastal Zone: A summary review and bibliography. Coastal Resources Center Technical Report No. 2064. University of Rhode Island. Kingston, RI. Fennessy, M.S., A.D. Jacobs and M.E. Kentula. 2004. Review of Rapid Assessment Methods for Assessing Wetland Condition. EPA/620/R-04/009. U.S. Environmental Protection Agency.Washington, DC. Fischer, R.A., C.O. Martin and J.C. Fischenich. 2000. Improving Riparian Buffer Strips and Corridors for Water Quality and Wildlife. International Conference on Riparian Ecology and Management in Multi-Land Use Watersheds.American Water Resources Association. Middleburg,VA. Granger, T., et al. 2005. Wetlands in Washington State - Volume 2: Guidance for protecting and managing wetlands.Washington State Department of Ecology. Publication#05-06-008. Olympia,WA. Groffman, P.M., et al. 1991. An Investigation into Multiple Uses of Vegetated Buffer Strips. Narrangansett Bay Project No. NBP-91-63. Providence, RI. D C " U E Cit-1 AUG 1 8 2022 Southold Town Board of Trustees Kennedy, C., J. Wilkinson and J.Balch. 2003. Conservation Thresholds for Land Use Planners. Environmental Law Institute. Washington, DC. Kivlat, E. 1997. Blanding's Turtle Habitat Requirements and Implications for Conservation in Dutchess County, New York. New York Turtle and Tortoise Society, Inc. Mamaroneck, NY. Kutcher, T. 2011. Rhode Island Rapid Assessment Method User's Guide, RIRAM Version 2.10. University of Rhode Island. Kingston, RI. Litchin, N. 2008. Water Quality Function of Wetland Buffers: A brief annotated bibliography. University of Rhode Island Cooperative Extension, Nonpoint Education for Municipal Officials. Kingston, RI. McElfish J., R. Kihslinger and S. Nichols. 2008. Planners Guide to Wetland Buffers for Local Governments. Environmental Law Institute.Washington, DC. Murphy, B. n.d. Position Statement on Utilization of 100-foot Buffer Zones to Protect Riparian Areas in Connecticut. Connecticut Department of Energy and Environmental Protection, Bureau of Natural Resources, Inland Fisheries Division. Hartford,CT. Murphy, M.C. and F.C. Golet. 1998. Development of Revisions to the State of Rhode Island's Freshwater Wetland Regulations. Rhode Island Department of Environmental Management, Office of Water Resources. Providence, RI. Nichols,W. F.and D. Faber-Langendoen. 2015. Level 2 Ecological Integrity Assessment Manual for New Hampshire:Wetland Systems. New Hampshire Natural Heritage Bureau. Concord, NH. Nieber, J.L., et al. 2011. Evaluation of Buffer Width on Hydrologic Function, Water Quality, and Ecological Integrity of Wetlands. Minnesota Department of Transportation, Research Services Section. St. Paul, MN. Peterjohn, W., and D. Correll. 1984. Nutrient Dynamics in an Agricultural Watershed: Observations on the Role of a Riparian Forest. Ecology, 65(5), 1466-1475. DOI: 10.2307/1939127. Rabeni,C.F. 1991. Buffer Zones for Riparian Zone Management:A literature review. Department of the Army, Corps of Engineers, New England District. Waltham, MA. Rhode Island Rivers Council. 2005. Findings and Recommendations: Establishment of riparian and shoreline buffers and the taxation of property included in buffers. A Report to the Governor, Senate and House. Providence, RI. Schwer, C.B. and J.C. Clausen. 1989. Vegetative Filter Treatment of Dairy Millhouse Waste Water. Journal of Environmental Quality 18:446-451. Semlitsch, R.D. and J.R. Bodie. 2003. Biological Criteria for Buffer Zones Around Wetlands and Riparian Habitats for Amphibians and Reptiles. Conservation Biology 17(5): 1219-1228. Sheldon, D., et al. 2005. Wetlands in Washington State - Volume 1: Synthesis of the Science. Washington State Department of Ecology. Publication#05-06-006.Olympia,WA. Cit-2 D VU WE AUG 1 8 2022 100 Smith, R.D., et al. 1995. An Approach for Assessing Wetland Functions Using Hydrogeomorphic Classification, Reference Wetlands, and Functional Indices. US Army Corps of Engineers. Wetlands Research Program Technical Report WRP-DE-9.Washington, DC. Stone,A.L., et al. 2015. Method for Inventorying and Evaluating Freshwater Wetlands in New Hampshire (NH Method). University of New Hampshire Cooperative Extension. Durham, NH. Straughan Environmental, Inc. 2003. Riparian Buffer Effectiveness Literature Review. Prepared for the Maryland Department of Natural Resources.Annapolis, MD. Sweeney, B.W. and J.D. Newbold. 2014. Streamside Forest Buffer Width Needed to Protect Stream Water Quality, Habitat, and Organisms: A literature review. Journal of the American Water Resources Association (JAWRA). 50(3):560-584. DOI: 10.1111/jawr.12203US. USACOE. 1999.The Highway Methodology Workbook Supplement. US Army Corps of Engineers New England District.32 pp. NAEEP-360-1-30a. Vermont Agency of Natural Resources (VT ANR). 2005. Riparian Buffers and Corridors: Technical papers. Montpelier,VT. Washington State. 2001. Management Recommendations for Washington's Priority Habitats: Riparian. Washington Department of Fish and Wildlife. Wenger,S. 1999.A Review of the Scientific Literature on Riparian Buffer Width, Extent and Vegetation. Office of Public Service&Outreach, Institute of Ecology, University of Georgia. Athens,GA. Additional list of resources and publications on wetland buffers can be found at: http://nhanrs.org/nhanrs- wetland-buffer-workgroup-literature. � C � o � � —� AUG 2022 Southold Town Board of Trustees Cit-3 Cantrell, Elizabeth From: Robert Anderson <robert@suffolkenvironmental.com> Sent: Tuesday,August 16, 2022 2:56 PM To: Cantrell, Elizabeth Subject: Request for Adjournment-480 Ackerly Pond Lane -Town Creek Real Estate LLC Property Hi Liz! Would you be so kind as to table the subject application to be heard during the September meeting? We should have revised plans by then. Many thanks, Robert W. Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton,NY 11932 (631) 537 - 5160 ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i Suffolk Environmental Consulting, hie. Newman Village m Suite E 2310 Main Street PO Box 2003 8 Bridgehampton NY 11932-2003 t 631.537.5160 f 631.537.5291 Bruce Anderson,M.S.,President HAND DELIVERED August 11th 2022 VE FAUGD Board of Trustees Town of Southold 9 1 2022 P.O. Box 1179 Southold, NY souftldTOWM 11971 soars of Trustees RE: TOWN CREEK REAL ESTATE L.L.C. (c/o M..Lei9ey) Property-Affidavit-of-litRing Situate: 480 Ackerly Pond Lane • Southold, NY • 11971 SCTM#: 1000-069.00-03.00- 013.000 Dear Members of the Board, As per the Boards request, attached herewith please find the following documents; 1. Survey prepared by PECONIC SURVEYORS, P.C. last dated August 11th, 2022, (four [4] sets). Thank you for your time and consideration regarding this matter. Should you have any questions or concerns, please feel free to reach out to this Office at any time. Yours Truly, Robert W. Anderson (enc.) TEST HOLE DATASURVEY OF PROPERTY McDONALD GEOSCIENCE AT SO UTHOLD 8/10/04 EL. 16.1' BROWN SILTY TOWN OF SO UTHOLD 2' AND SM SUFFOLK COUNTY, N. Y. 1000-69-03-13 SCALE: 1'=30 PALE BROWN FINE TO APRIL 28, 2004 JUL AUGUST 04004 ( DTOPOGRAPHIC I TO.) MEDIUM SAND SP AUDUST 12, 2004 (SETBACKS) SEP7FMBNER 29, 2004 (REV1SlOSSN))S) EL. 1.1' 15' NOVEMBER 4, 2004 (REVISIONS) FWATER IN PALE INE TO MEDIUM SAND SP OCTOBERUdRYO 2'(2021 IONS) JANUARY 13, 2021 (BU/LD/NG LAYOUT) 17' FEBRUARY 10, 2021 (ADJOINER) NOTE.• WATER ENCOUNTERED 15' BELOW SURFACE JUNE 20, 2022 (REVISIONS) ELEVA77ONS REFERENCED TO NAVD 88 AUGUST 11, 2022 (REVISIONS) N/O/F KEITH BAKER VACANT , ECEI AUGN89'23'00"W 142.10' S77.55, " VE E i 30 WLF LANDWARD LIMIT OF FRESHWATER WETLANDS 222 WLF # 2 96.32' AS DELINEATED BY SUFFOLK ENVIRONMENTAL 1EL-1.9' __�• 2 CONSULTING, INC. ON NOVEMBER 2, 2020 Southold Town _ _ Board of Trustees _ ------ �� B07T=0F BANK WLF 4 00 WLF 04N b to 1_ _ N/O/F ^/ / / / o to T0� 2 `` — — ��� ODEANNA & DOUGLAS TIKKAANEN N/ ------ —_BANK CP DWELLING / / EL-3.5' 50' WELL � / / —� � +14.9' _..14-------\�-- �� \ �� \ \\ \ /ice _ ZONE X NON-'DSTURBANC O \ ® WELL — _ ,�_ _ E BUFFER ZONE X LO •� \ �� \ \ \ ® WELL IN BASEMENTom' �. +15.8 X3 5• � \ ,O / J-F 1 6..V — I n —PROF _15 8'i� "�ROPOSED�NE OF BALES \\ �i WELL 2 SED 5: I®ALL S. m;n. RES OE OOM b PROP 0.o Lily 1 .6'+ Z +16.8 68.9' Xs FF, NCE N c���f D o •16 \ \ ow ?0.p• cn FLOOD ZO E LINE EL=16.� CMF 5p,p. SLAB N \C�� I N�T Q' �- s.5' THOMAS P/FKELLY �Q"w __ DR/V�yA D 3/ 75' WETLANDS / SETBACK LINE 1 CAROL R. KELLY �! py 21.12' N7�50'00 EL=16.1' `'�-� (PfRyLOus) ' 0 ST(OWrS) �i� 100' wETLANDs 30,0' 'p DWEELLING fLL SETBACK LINE / OHDIST OH BOX. LP LP 8 EL 14.8' _------_— 011 m. m,n• fX S. --14--_O�` nun• // q CKFR EDGE OF nri5. =�s�., CY P4 LINT 00' 0`3Q"�/ Off/ WELL (so /"'oA , _--� --12•-----�\ Dy CMF L_10-8, DWELLING L� RY LAI V� R_0q_ 114. , 408--36PO CV WELL & E) 72 CESSPOOL 150+ O--WATER METER VAULT. STUB DWELLING DWELLING ONLY. NOT IN WELL WELL SERVICE. ® WELL EL 8.8' FLOOD ZONE FROM FIRM 36103CO166H Map Effective Date. September 25, 2009 DWELLING KEY PUBLIC WATER = REBAR ® = WELL ® = STAKEcP O �o ME 2G A O � = TEST HOLE �Ol w� >A: ,4��, ® = PIPE 0 0. ® = MONUMENT VA = WETLAND FLAG �0 \ °, cU-) = U77LI1Y POLE cP •\_,-rfo.��� THE LOCA77ONS OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVA77ONS N.Y.S. LIC. NO. 49618 AND OR FROM DATA OBTAINED FROM OTHERS. THEREFORE THEIR LOCATIONS AND OR EXISTENCE 4MDN.YS, LIC. NO. 051132-01 IS NOT GUARANTEED. PECO631)( ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SEC77ON 7209 OF THE NEW AREA= 32,440 SO. FT. C — ORS, P.C. (631) 765-5020 FAX (631) 765-1797 YORK STATE EDUCA77ON LAW. EXCEPT AS PER SEC77ON 7209—SUBDIVISION 2. ALL P.O. BOX 909 CERTIFICATIONS HEREON ARE VALID FOR THIS COPIES BEAR THE IMPRESSED SEAL AP AND COPIES THEREOF ONLY IF A OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREONID MAP. 1230 TRAVELER STREET SOU7NOLD, N.Y. 11971 04-148 Suffolk Environmental Consulting, Inc. Newman Village ® Suite E 2310 Main Street PO Box 2003 ® Bridgehampton NY 11932-2003 t 631.537.5160 f 631.537.5291 Bruce Anderson,M.S.,President HAND DELIVERED July 22, 2022 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: TOWN CREEK REAL ESTATE L.L.C. Wo M. Leigey) Property—Affidaviftfi- --ail4wgi Situate: 480 Ackerly Pond Lane • Southold, NY • 11971 SCTM#: 1000—069.00—03.00 — 013.000 Dear Members of the Board, As per the Boards request, attached herewith please find the following documents; 1. Survey prepared by PECONIC SURVEYORS, P.C. last dated June 20th, 2022, (four [4] sets), and; 2. Site Plan prepared by Joseph Fischetti, P.E. last dated July 20th/ 2022, (four [4] sets). Thank you for your time and consideration regarding this matter. Should you have any questions or concerns, please feel free to reach out to this Office at any time. Yours Truly, Robert W. Anderson (enc.) E I V E r� AUG o 2 2022 Southold Town Board of Trustees N SURVEY OF PROPERTY DON HOLE DATA McDONALD GEOSCIENCE 8/10104 A T SO UTHOLD EL 16.1BROWN SILTY TOWN OF SO UTHOLD 2' SAND SM SUFFOLK COUNTY; NY 1000-69-03-13 SCALE: 1' 30 PALE BROWN FINE TO APRIL 28, 2004 MEDIUM SAND SP JULY 15,M 2004 (TOPOGRAPHIC INTO.) AUGUST 9, 2004 (4DD/77ONS) AUDUST 12, 2004 (SETBACKS) SEPTEMBNER 29, 2004 (REVISIONS) EL. 1.1' 15' NOVTEO MBER 4, 2004 EW/lS/ONS) WATER IN PALE BROWN OCTOBER 11 2005 (REVISIONS) _ FINE TO MEDIUM SAND SP JANUARY 13N2021 (BMIRY 12 UILDING LAYOUT) 2021 17� FEBRUARY 10, 2021 (ADJOINER) NOTE: WATER ENCOUNTERED 15' BELOW SURFACE, June 20, 2022 (Revlslons) ELEVATIONS REFERENCED TO NAM 88 N/O/F E C E i V E KEIVTH AACER N AUG - 2 2022 N89'23 00"W 142.10' S77-55'3 p"E yy� LANDWARD LIMIT OF FRESHWATER WETLANDS SDWLF 2 W� 96,32, AS DELINEATED BY SUFFOLK ENVIRONMENTAL Boarddof Southold 1EL_19, # 3 CONSULTING, INC. ON NOVEMBER 2, 2020 -- ___ __ ___ _ �_� ------ -- - --- _-�_ `.,BOTTOM OF WLF I --- --- —-- 4__` BANK # 4 00 WILIF w 04 / o q o \��_ -10_ _ 1 to N/O/F / / / / r" �-- ------TOP BA 2_- - ��� •- O DEANNA & DOUGLAS TIKKAANEN I _____ _--- -- cP DWELLING i / --.14- - - -1 �\ EL=3.5' WELL / / +14.9' ® WELL — ZONE X - _ NON-D/STURSANCE BUFFER o Ltl ZONE X �. ® WELL IN BASEMENT ! / �X3 M / +15.8's- w n,; 0 _ n. 1 S.8',' PROPOSED LINE \ \ \ O 1{'16.'1 __— PROPOOF HAY �_ \ \ \\ \ ® WELL S �-Es Z ITEST 4 2 STOR), 5• J®WELL 5' mtn. RES DCROOM PROPOSE20 o• W 1 .6'+ CIE' / +16.8' 68.9' pW3 FF--20o� N onARgGEDo FLOOD ZO E LINE EL=16.�' CMF 50.0' SLAe w [�-` I r�� I N 0 F N Q'QQ"W DRQ D 75' WETLANDS �T THOMAS P. KELLY INV �. / SETBACK LINE I �� off 21` 76'Sp�pp"�y =1s. ��° �PeR ous) 'o sr�D �/ 30.0' CAROL R. KELLY O DWELLING OH ��� -___ 1 Do' WETLANDS to WELL OJ I ——16- — _ �� i f SETBACK LINE / �- off �' o OH 18 BDX to EL 14.8' ---------- `� OH !n' 0' m8 �k �~ (n An ---1 C_ KEDG N7 • -� � � / E WELL Rf C\� ^ OF pA�ME� 5 pp'3p„ ` OH (BO� rp r+ON�— CMF�/� ` OH O E DWELLING AYE /`1 O 114. , -� 408-36y WELL & 2 ` IL CESSPOOL 150+ O—WATER METER VAULT. STUB � DWELLING DWELLING ONLY. NOT IN • WELL WELL SERVICE. Q� �• ® WELL EL 8.8' FLOOD ZONE FROM FIRM 36103CO166H Map Effective Date: September 25, 2009 DWELLING KEY PUBLIC WATER = REBAR ® = WELL �E`N YORk OFTZGF9 Q pF ® = STAKE cP P u IS O 1. = TEST HOLE �Q a� ® = PIPE «' a°�,t;► @�� ® = MONUMENT \*\ ? ~sti`f,40l = WETLAND FLAG �0 = U77LITY POLE cP /^FNSED�' THE LOCATIONS OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM f7ELD OBSERVATIONS N.YS, LIC. N0. 49618 AND OR FROM DATA OBTAINED FROM OTHERS. THEREFORE THEIR LOCATIONS AND OR EXISTENCE IS NOT GUARANTEED. N.Y.S. LIC. NO. 051132-01 ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW AREA= 32,440 SO. FT. PECON/C SURS, P.C. YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL (631) 765-502 FAX (631) 765-1797 CER77F7CAT7ONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY /F SAID MAP OR P.O. BOX 909 COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. 1230M DALER SMEE, N.Y. 11971 T 04-148 IVE « 9w jUN 14, 2022 rrd o 4" d Ms.Deanna Tikkanen 129 Harbor Blvd. East Hampton,NY 11937-4422 Glenn Goldsmith, President �� Town Hall Annex A.Nicholas Krupski,Vice President n 54375 Route 25 Eric Sepenoski a Liz Gillooly P.O.Box 1179 Southold, Elizabeth Peeples kr" Telephone 631 765-1892 Fax(631)765-6641 Southold Town Board of Trustees Field Inspection Report Date/Time: v 7-o?,?, Completed infield key: ,3 1 1113oq Suffolk Environmental Consulting on behalf of TOWN CREEK REAL ESTATE, INC., c/o MICHAEL LIEGY requests a Wetland Permit to construct a proposed 25'x50' two- story, single-family dwelling with attached 20`x20' garage; install a pervious driveway; install a new I/A C'4/TS system; and to install gutters to leaders to drywells to contain roof runoff. Located: 480 Ackerly Pond load, Southold. SCTM# 1000-69-3-13 Type of area to be impacted:.. Saltwater Wetland Freshwater Wetland Sound Bay Part of Town Code proposed work falls under: Chapt.275 Chapt. 111 other Type of Application: Wetland Coastal Erosion Amendment Administrative Emergency Pre-Submission Violation Notice of Hearing card posted on property: Yes No Not Applicable Info needed/Modifications/Conditions/Etc.: I rol +� Present Were: VG. Goldsmith N. Kr pskl E. Sepenoski V L. Gillooly V E. Peeples N/O/F VA OWTS General Requiremenla KEITH BAKER 1.Installer shall protide■eerlifleatlon of the Installation and oonstrucHon(W.W.M.•73)from a PROFESSIONAL ENGINEER OR REGISTERED ARCHITECT for Mal approval of the system VACANTn 2.The Installer d I/A OWTS must hold a current Liquid Waste License pursuant to Chaple 563 Article VII(Septic Industry j..T ' ,/ Benne Businesses)and Endorsement J rid C..0 and A ks,pursuant Tre 1,entSuf System y laillei Code,B63-79M) M)(j), Countypar E;' lij� � If Labor,Licensing, Licensing er Consumer tains a,pursuantto Suffolk County Cada§583-79(10(J).The Deparhrronl If Labor,Licaneing,err Consumer Again maintains a list d licensed UA OWES Melrrrsnen a PmNdera. J' 3.M executed Operation N 89' 23' 00" W 142. 10' ment Maintenance Contred between he MaintenancePmhdB and Propertyawndmust b. Ssubmitted b ma Department 77e A 4.AI Installed vA OWTS are required to have an initial 3-yw warranty and opemtorl-I terhame service contractLANDWARD 55 2,022 LANDWARD LIMIT ❑F FRESHWATER CU L 5.When an UA OWES requires a vent,IM unit shall be Yented to the roof ofthe reeid.-being served.VeYardpipes shag 3O y�F E /-WETLANDS AS DELINEATED BY SUFFOLK APR chas0theiMopedporm9gdMryerooff..,�sspwheraeUnof ottprractalthveherve ntOvsye btlreWhsontal osmcf,eavvent ❑ 1WLF #2 WLF 96,32A ENVIRONMENTAL CONSULTING INC. ❑N pipe mayhapipedbme extenhr aWad he res deice endte mi ales mWmm d78Mci ee aboveg ode.These ved NOVEMBER 2 2020 pPeeahegbastatetlaminimumd3teelfrom anywindow daodweyantlmust eRanetewmaaehonfleaeYm.M EL=1 9 -- - #3 , vent pipes must have a minimum d ens er d2ldhes. $GUY(Old TO W{1 PmNde? nt pipe from the OWES To Me ein9le-famly dwe"end oonnecl to the wase _ pipe veiling system wltnin Bre house.Pipe shall have a positive Nope from One ONES hotN BOTTOM OF WLF Board Of Trustees house so liquid will dram toward the treamhedunit --______------- _ BANK 4 8.ftnemGarbages grinders shall not Into permitted O when an UA OWES a utilized as meene deeaage disposal.M addition,we0r # sohenere shell not discharge iib anUA OWES. ` l --------- 6 _ `�t .',•�, #' ''r,. 7.Metall VA OWTS tank.according to manufact res recommerMeBons.M applicable recommeMetlpne provided by to g__= _ _-`_ - ___ -- ,� WLF N ;pA/' :• -.,y w 41 manufacwrer anon b.Mlpemantea A/ #5 y: If` ;x �4 �;; F, -.fi»'; 8.The IIA OWTS tank shall be Installed at level In all directions(with a maAmum bierencie M any direction of./one ■ ■ E LQL. / / ^ / l T \_ 1 O___ __-` - -- _ -- 0 S .a;?y " ��.�, quarter inch)m a minimum 3:nch thick bed d properly leveed end compacted eeM(free from rotlm)d pee grave W N 0 F / OP OF _ _ _ __ _ _ - eA•• q The top d the VA OWTS tank shall not be located greater than 2.5 feet d less than one foot below final grade. Z DEANNA & DOUGAS Bq NK 12._ -___ -- 4> � T 1,,�" mb`A Z TIKKAANEN - -------- ------- _ - � / \ Electrical RegWrernents /sem / _ 14. �' \ \ \ .f ; ..q 1,Control PaINts / ■ �,., J DWELLING _- 14.9' ---- -_ \ µ, 1 a.A l wiring and equipment ere C be installed de the electrical oontracW M aoaadanca with the v '/1 J + ` acontrol National Electric t Code(NEC)and locald outside codes J V WELL SD \\ F b.The control box must be l y be outs de one suitable T pane p padeatN neemhe etructine tlhetkaervea. j- NON_ \ 4 .P/ >, t Mart sti d"Me panel box mai Ds mounted an an outsre well d he structure(preferable a Wsy } ZONE X DISTNR \ y C �+ ` room,er otel BANCE \ R, • 6�* i aThe panelI "m°°Pace). height for ar ea. W - BUFFER \ \ F:. a PAw' ✓ d.The s McIt menet National`EllleachSc ll Manufacturers Association(NEMA)4Xspecifications. v WELL + 1 50' TO - - - \ \ ':,i^�* ..t Y,, panel M ) Y SANITARY ZONE X - _ - - �� �� �\ , "� I.TF sh. ystPanel or emshallybacces. hub seals lc prevanlgasas and mdeWrefromfBO hing Brecontrd O DW \ \ •NI CMN y• " visual alarms Inseam be readily sash and heard the coca ,(�(iy� < O ya equipped with a functioning warning system which will WJYMB eLdbia and I by par'.d She building carved. Q �/, 2.Pumps,Blewere,Level Sensors,and Contrda + --��. \ \ \ a.The electrical Junction box serving the pump motor and floats must be watertight and located outside O f^ / _ 2 STO 15.8 \ \ \ \\ tin VA OWTS tank chamber. 00 W - PROPOS Y 2Q + PRQPpSED \ \ '� WELL b.The Department shag observe the pump system operate through a normal opererIng cycle. sit �+ \ \ I.Inspection for leakage d tlM force main fi tlnga will ha made dung the pump tells procedure. O 16.2' '-16---- _ 4 gE ED o' LME OF -- -REBID NOOE----N PROPOSED °w HAY BALES J 5'x3' FF' 20. ARAGE o - 16 \ \ \ General Construction Notes Z / +16.8' Dw Soo, 0' CO FFm18.0' N VENT 14.6'+ ,.LOTAREA 31.4108E ELECTRICAL \ � LINE •^-�_ Q 2.acTAtl topo=ND eam�ts I AIR CONNECTION_ \ FLOOD ZONE LINE `\ �<v IN CONDUIT 9.BOUNDARY ANDTATIONS EFEINFORMATIONFn0A1ASURVEY BYPECONN:SURVEYORS,P.C,Wbbd LINE y. �'�_. N/O/F 2/10IROZI.ELEVATIONS REFERENCED TO THE NAV08BDATJM y -- I PROP HYDRO-ACTION 75' �"�� I \ 4.ALL MATERIALS AND METHODS OF CONSTRUCTION SHALL CONFORM TO THE STANDARDS AND SPECIFICATIONS N83 00"w DRIVe°W rD aN400 /� sETeac NDs�- THOMAS P. KELLY $TECONTRACTORSOF THE TOWN OF 6HALLFIELD VERIFY THE LOCATION AND OUTHOLD AND THE SUFFOLIK COUNTY OOFPTH OF ALL TITRES PR ORTOT EEPARTMENT OF HEALTH SERVICES M D 21, 12' 16 /V 5 A „ I TH (PERV,__s) O D$OX LINE CAROL R. KELLY COMMENCEMENT OF WORK.THE CONTRACTOR 18 ADVISED ALL SUBSURFACE INFORMATION SHOWN ON THESE PLANS IS CONCEPTUAL AND MUST BE CONFORMED ACCORDINGLY IN THE FIELD. A __�'_ e O OO w I EL=16.1' /// DWELLING e.THEWCCONTRACTOR SHALL BE RESPONSIBLE FOR SECURING ALL NECESSARY PEW"BEFORE COMMENCING 21. 12 -- Y-__1 AND F _ CODES LAWS __DISPOSED _ HANDS 7.AL LUN SUITABLE MATERIAL AND AND ORDINANCES, INA C S,CONTRACTOR SHALL BE RESPONSIBLE NSI OWN,DISPOCOUNTSING pk-0, --�QS1, _D,-_-_----16. -� _�/,,P -7' S-E-►_BACK LINE WELL UNSUITABLETERIALSOFF SNTE�DEBRISSHNLNOTBETBUPoEDONTHE SITE 3811EFtliOISPOSINGOFFNI �v cP� _�� c0 TO BE S.ALL PRECAST STRUCTURES SHALL BE APPROVED BY THE COUNTY AND COMPLY WITH THEIR REGULATIONS. ` -i O CONNECTED TO a.ALL PRECAST STRUCTURES SHALL BE MANUFACTURED WITH 3,000 PSI 28 MYSTRENGTH CONCRETE. ------ --_ _ _ a� _°-NQS 0 PUBLIC WATER Q SANITARY PIPE TO BE 8DR36 PVC CRAB SPECFIF�ONP ANB PROPOSED /� 14 .1 g' IAAI'' �� 11.DURING CONSTRUCTION,EROSION AND WDIMENTCONTROL MEASLPESTCSE UPLIZEDAS INECESSARYTO WATER SERVICE �/ -'_it� �1 MATELUSPREVENT EMPLOYED IN THE SEDIMENT IONANDSITE NTAREAS.ANCEOFEDRAINAGE BILOLMESURESHALL lV_ ��CC/// ` ` MATERIALS EMPLOYED IN RK INSTALLATION AND MAINTENANCE OF E%1SN II COMRIX,MEASURES SFU11 Yl,� KiEF� EDGE pF �'��-�` /(J'� CONFORM TO THE NEW YORK GUIDELINESFOR ERO610N PND SEOIMFM COHfR301.. C Pq VEA.1E °i`a 4 -.1^ �^�/ v' ///rr���0 • 12.ALL BACKFILL SHALL BE SELECT GRANULAR MATERIAL COMPACTEDTO NBL MAGI DENSITY AT THE OPTIMUM PON NT __ 4,�a2 - - MOISTURE CONTENT AS DETERMINED BY STANDARDPROCTORTEST // `L` Az 13.ALL COVERS ON TREATMENT MIT SHALL HAVE Loi COVERS DWELLINGWELL wgT`BO 'ER' � `O/qD ----- �a�w� '��, Q7 PROWDE2'VENT PIPE FROM THE ONTe TO THE SIMU.FNRY OWEWNO MDCONNECTTOTEWASEE MPEVENiBIa SYSTEM WITHIN THE HOUSE.PIPE SHALL HAVE A POSITIVE SLOPE FROM THE O1YTa TO THE HIDUSE BOANY UQUO WELL & CESSPOOL R MAIN /N Q",� WILL DRAIN TOWARD THE TREAEMENr UNR. 150' STREET 4�8 36A �2 DWELLING DWELLING WELL CONNECTED TO SANITARY SYSTEM DESIGN + 150' TO PUBLIC WATER TEST HOLE DATA MCDONALD GEDSCIENCE SANITARY siloio4 EL. 16.1' AND SM SILTY 4 BEDROOM x 110 gpd = 440 gpd QL SHYDROACTION - AN400 = 440 gpd SAND } Z CONN CTIED NG TO LEACHING w PUBLIC WATER PALE BROWN FINE15' TO H E G W (� Z O TO MEDIUM SAND SP T ..1.� ZM N EL, 1,1' 15' USE: r , J 0N Q� WATER IN PALE BROWN [2] 8' DIAMETER LEACHING POOLS x (n z °' `O FINE TO MEDIUM SAND SP O I` 17' 6' DEEP - v- 11 (n Q0 C"')LL M NOTE, WATER ENCOUNTERED 15' BELOW SURFACE [1 ] 8' DIAMETER LEACHING POOL X W 0 x SITE PLAN ELEVATIONS REFERENCED TO NAVD 88 6' DEEP EXPANSION 0 m SCALE: 1" = 30' LIEGEY W Q- a DRAINAGE CALCULATIONS 480 ACKERLY POND RD. C) SOUTHOLD, NY O POLYLOK 12" '� HOUSE: 25. 0' x 50.0' = 1250sf SCTM# 1000-69-03-13 1� DISTRIBUTION BOX GARAGE: 20.0' x 20.0' = 400sf AREA FOR HEALTH DEPARTMENT L� FROM OWTSKC;::-­- APPROVAL STAMP 'TO LEACHING FIELDS ,wft. �PNiA \-PROVIDE HOUSE SPEED LEVELER ON EACH OUTLET » 2„ THICK UNDERDRAI N 11 M- 1 - 12 5 0 s f x 2 = 2 0 8.3 c f FILTER AIA TERIAL TYPE , _Cn- 208.3 / 42.44 = 4.91 f POLYLOK D-BOX DETAIL USE: N.T.S, _------- ------------------------------------- - - ,ar,. o [2] 8' DIA x 3' DEEP GARAGE CONCRETE 400sf X 2" = 66.6cf COLLAR 44a STOPPER END WN BY: JF/JP R PLUG PROPOSED ELEC. 66.6 / 4 2. 4 4 = 1 .561f �y PANEL N rrt USE: RISER&COVER FIBER JOINT [ 1 ] 8' DIA x 2' DEEP JULY 12 2021 PACKING 20 AMP BREAKER CY SEWER PIPE I BILL OF MATERIALS (TYPICAL) EXTERIOR RATED JUNCTION BOX BELOW ITEM PM DESCRIPTION CRY. PVC PIPE D3034 GRADE IN MA-180053 AN400,245 NITROGEN REDUCTION COMPLETE SCALE: AS NOTED C/3Ip SDR 35 SPRINKLER BOX A 180052 TANK,PREIPUMP-0 1 BEND 8 130002 KIT,SND 2 TANK CONNECTING STANDARD 1 TO SEPTIC C 100110 ASSEMBLY,RE-CIRCULATION 245 COMPLETE 1 FROM DWELLING TANK 2 AWG OF WIRE D AN400-P AN400 WI PLATFORM COMPLETE t DIREXT BURIAL E EC50.30-L-80-PLC OPS,EC50.30-L410-PLC 1 SHEET NO: C.I. 60e PVC WYE a TO PVC HOUSE ADAPTOR PLC CONTROL PANEL W/NPBO COMPRESSOR AIR PUMP CLEAN OUT DETAIL AN400 245 NITROGEN REDUCTION SYSTEM COMPLETE ahearh aw Laws N.T.S. ELECTRIC RISER DIAGRAM �^ hydr Miod awe 05/31/17o HA-180053 N.T.S. 1, James F.King,President SQ(/ryO , Town Hall Jill M. Doherty,Vice-President ,`0 l0 53095 Route 25 Peggy A.Dickerson P.O. Box 1179 Southold,New York 11971-0959 Dave Bergen G Bob Ghosio,Jr. Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 24, 2007 Mr. Michael Liegey P.O. Box 1046 Southold,, NY 11971 RE. 480 ACKERLY POND LANE, SOUTHOLD SCTM#69-3-13 Dear Mr. Liegey: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Tues., July 24, 2007: RESOLVED that the Southold Town Board of Trustees grants the last One-Year Extension to Permit#5983, as issued on August 18, 2004. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office. Sincerely, o� Jam4P King President, Board of Trustees JFK:Ims James F.King,President Q�S0 Jill M.Doherty,Vice-PresidentO y Town Hall 53095 Route 25 Peggy A.DickersonP.O. Box 1179 Dave Bergen G Southold,New York 11971-0959 Q John Holzapfel �� Telephone(631)765-1892 COU Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 23, 2006 Mr. Michael Liegey P.O. Box 1046 Southold, NY 11971 RE: 480 ACKERLY POND LANE, SOUTHOLD SCTM#69-3-13 Dear Mr. Liegey: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, August 23, 2006: RESOLVED that the Southold Town Board of Trustees grants a One-Year Extension to Permit#5983, as issued on August 18, 2004. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office. Sincerely, o� Jam PsF. King President, Board of Trustees J FK:I ms l 1 Gary Laube 310 Ackerly Pond Lane Southold NY, 11971 September 1,2005 EF Re:Property adjacent to The Town Doctor's HouseTo the Board of Southold Town Trustees, Attached are letters from the Department of Environmental Conservation and New York State office of Parks,Recreation and Historic Preservation. 1 am forwarding this information to you so that in the future you will have a better understanding of how significant our wetlands really are. We are not here to only protect the wetlands for environmental reasons but to also protect them from loss of important archeology and historic values. Once a property has been disturbed from any sort of building the history of that area is gone forever. The history of Southold does not just start from cal 640 but to prehistoric times. With the time that I have painstakingly pursued the archeology on my property it has hopefully stopped the destruction of the property directly adjacent to my house,(The Town Doctor's House). We have a very historic area left in tact on Ackerly Pond Lane and the.State recognizes this and is pursuing with my help to put it on the Historic District. Why I am giving you this informational packet is to hopefully let you understand how important it is not to be so eager to give out building permits on these wetland properties. I believe before permits should be given out any further,there should be some kind of study first, (example 1"stage archeological survey)to find out the significance and research the history of the area. If I may be permitted to say,one person on the board should have this knowledge and learn about the Historic preservation law that you may be able to use for further evaluations on properties. Our Town has many historic values to it and it is very easy to let it go to the wayside. With a lot more education and knowledge I believe we can help save our town. Thank you for taking the time for listening. Sincere! Gary aube i Now York State office of Parks.Recreation and Historic Preservation Historic Preservation Field Services Bureau b wwviva sum � Peebles Island,PO Box 189,Waterford,New York 12188-0189 518-237-8843 8amadMo Castro ComarRslpnar JUL Z 9 2005 JerIYPeConsuitants, 0 REGIONAL 011jeCTo. Luc i REGIpj R G Inc. 40 Exchange.Place, 13"'Floor New York,NY 10005 Re: DEC - New Residential Construction/Bilberry Swamp Ackerly Pond Road and SR 25 Southhold,Suffolk NY 05PR63458 Dear Mr. Udwinionek, Thank you for requesting the comments of the New York State Office of Parks, Recreation and Historic Preservation regarding the new residential construction project in Southhold,NY.We received the information about the project on July 7,2005 and reviewed it under Section 14.09 of the Parks,Recreation and Historic Preservation Law of 1980 and the relevant implementing regulations. Virginia Bartos of our National Register unit has.reviewed the project and has determined that the project is located adjacent to the National Register listed Town Doctor's House and in a potential historic district. If you have any questions about the National Register,please contact Ms.Bartos at 518-237-8643,ext.3256. Douglas Mackey of our archeology unit has reviewed the project. Because the project is located directly adjacent to a National Register listed house and site he recommends avoidance of the area adjacent to the Town Doctor's House: I have enclosed a copy of his comments for your review and use.If you have any questions regarding the archeology component of this project, please contact Mr. Mackey at 518-237-8643,ext. 3291. Because the project is located adjacent to a National Register listed building and in an identified potential historic district,we will need to review the project for its potential impact on the building. We offer the following comments: 1.We recommend that you follow the enclosed guidelines for new construction. 2.Please send us the following items: a. An existing conditions site plan to serve as a photo key j b. Existing conditions photographs c. A proposed site plan d. Proposed-elevation drawings i An Equal Opportunity/Affirmative Action Agency (y prfnied an ncyrJed pear Please use the PR number of top of this letter when you refer to.this project.in future. If you or anyone involved with the project has any questions, please contactme 3252: at 518-237-8643.ext. Sincerely, Sloane Bullough Historic Sites Restoration Coordinator Enol as ter A.Scull DEC Region Y. g an 1 Paula Crowley,Greenhouse Consultants, Inc. N.ew York State Office of Parks, Recreation and Historic Preservation Historic.Preservation Field Services Bureau t wymsrm Peebles Island, PO Box 189, Waterford,New York 12188-0189 uvr►r �r� 518-237-8643 New York State Office of Parks Recreation&Historic Preservation New York State Historic Preservation ce Guide to New Construction 1• New additions to an historic property can include new construction physically attached to an historic resource—such as appendage to a building—or may be a separate new piece of construction having nearby historic counterparts,such as a new building,bridge,road or path adjacent to a similar historic resource.They may also include new installations that are completely contemporary in nature,such as utility tower;and service, parking facilities,play equipment,street lighting or signage systems. 2. Any new addition should be located in a manner that allows historic features to remain the ;,• primary visual and physical components of the historic property. Considerations include characteristics such as density,orientation,scale and form of features both within the historic property and its setting. 3. Attached additions,such as a building appendage,should be-somewhat smaller in scale although similar in overall form to the historic feature. Separate new construction,such as a new building _�. along an historic street or a new path within an historic park,should be of the same general scale or size as adjacent historic counterparts. Considerations include overall dimensions,as well-qs, size of significant features—such as roof slopes and overall height,or road width and general alignment A general rule of thumb is that the new construction falls within 10%of the scale of historic equivalents. 4. Additions to historic properties should reflect the shape or form of similar adjacent historic counterparts. When shape is determined by strict geometric arrangements—for example,the combination of rectilinear components to form buildings or the 90-degree grid of streets and blocks that delineate a village or neighborhood,these same forms should be reflected in contemporary additions. if historic forms are more organic or free flowing,as might be the case in the arrangement of structures on a farmstead or in the overall layout of a trail system;such forms should guide the design of new construction. 5• New construction should be comprised of indh4dual features comparable,but not identical,to those of similar historic properties. For example in an historic district characterized by dwellings having front porches, paired windows and dormers, new buildings should include these same features. The addition of contemporary new construction having no historic precedent—such as surface parking lots,accessibility ramps or"security fencing—should be detailed in a manner that avoids false historicism, and'instead consists of features typical of present-day stylistic trends. 6. Materials used in new construction should be compatible with those of corresponding historic properties and their features. Additions having historic counterparts should reflect the overall pattern,texture and color of materials found at the historic property;for example,a new outbuilding should complement an historic main building in application of roof,cladding and foundation materials. Contemporary new additions,such as retaining walls or cross-walks, should use materials that complement those of an historic property with conveying a false historic image. An Equal Opportunity/Affirmative Action Agency CW printed on recycled paper Archaeology comments for 05pr3458—DEC—AckerIy Pond Road;Southold— The Town Doctor's House property,which the report identifies as directly Adjacent to the east of the project parcel,passed the State Review Board for Historic Preservation as a National Register nomination in October 2004 and has been listed on the National Register of Historic Places since January 2005. This listing not only includes the building but also archaeological deposits associated with both the colonial and prehistoric periods. The prehistoric archaeological deposits,identified as the Bilberry Swamp site(A10310.001323). The National Register nomination-form identifies this site as a Late Archaic camp dating to approximately 2200-1500 B.C. (Sylvan Side Notched points)where activities may have revolved around the collection of swamp resaurces. These details about this property were not identified by the report and are important considerations. Despite this omission, the archaeological testing conducted met the minimal standards utilized in New York and did not identify any significant deposits over the majority of the project. The only area that appears to have produced 18`h century material is the Excavation Unit in the southeast-comer of the parcel. Testing in this area produced a number of items—including several pearlware and manganese glazed redware ceramic fragments,as well as greenish tinted window glass,that likely date to the 18th century. This portion of the property is also the closest portion to the NR listed structure and archaeological site at the Town Doctor's House. Therefore OPRHP would recommend additional testing to further evaluate the potential that 18'b century deposits are located in this comer of the property,or that the project be redesigned to develop a buffer area between this area and any possible ground disturbing activity. It appears that the current plan calls for the proposed structure to be located approximately 20 feet from the property line in this area,however,we would recommend a buffer of at least 25 feet in this area that may contain archaeological deposits and an addition 5-10 feet of"No Work Zone". With these considerations,the proposed structure should be no closer than'40 feet to the property line. If these suggested modifications are made OPHRP would have no further archaeological concerns for the tested portion of the property. We would note however that northern portion of the property noted as"Non Disturbance Buffer"has not been adequately tested and should be considered highly sensitive fcir Native American deposits. Should any future work be planned in this area,there should be additional archaeological studies. i • New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40-SUNY,Stony Brook, New York 11790-2356 Phone: (631)444-0365 • FAX:(631)444-0360 Website:www.dec.state.ny.us Denise M.Sheehan NOTICE OF INCOMPLETE APPLICATION Acting Commissioner 0u5PaAugust 19, 2005 e ain Street thold,NY 11971 Re: Application#1-4738-03392/00001 Liegey Property,Ackerly Pond Road, Southold Dear Ms.Moore: The Department of Environmental Conservation(DEC)received comments from the New York State Office of Parks,Recreation and Historic Preservation(OPRHP)regarding your client's application for a Freshwater Wetlands permit to construct a dwelling, driveway and septic system, and we find the application incomplete for the following items. 1) You must submit a letter from OPRHP certifying that your client's project complies with the State Historic Preservation Act or a statement from OPRHP that all concerns have been adequately addressed. 2) The freshwater wetland boundary has been delineated at the site. Your client must submit five copies of a survey depicting the freshwater wetlands boundary and the limits of clearing, grading and ground disturbance(LCGD)line. It appears that the LCGD line will be equal to the proposed hay bale line,however,the plans must clearly show the a line labeled"limits of clearing,grading and ground disturbance"verbatim. This application will remain incomplete until all the above items are submitted and or adequately addressed. Despite the above deficiencies with the application,our staff have preliminarily reviewed your client's proposal and we have the following comments. We find that septic systems can have an adverse impact to freshwater wetlands by introducing nitrates,phosphates,waste products and other contaminants to the wetland. Therefore,the proposed septic system must be relocated to the southeast so that all leaching rings are a minimum of 100'feet from the freshwater wetland boundary in order to avoid objections from this Department. The project plans must show a permanent fence along the proposed buffer area to prevent inadvertent intrusion into the wetland and or its protected buffer area by construction vehicles and to prevent future clearing of this area. Please do not hesitate to call me at(631)444-0374 if you have any questions. Sincerely, Mark Carrara Deputy Permit Administrator cc: Michael Liegey File t J•Krupski,President James King,Vice-President �suffQ(,�. Town Hall 53095 Route 25 Artie Foster f ��® �O P.O.Box 1179 Ken Poliwoda Southold,New York 11971-0959 Peggy A. Dickerson voo v. Telephone(631) 765-1892 • �� Fax(631)765-1366 ��Ypl BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1St day of construction %constructed -�Project complete, compliance inspection. A K 5 200a APPROVED B BOARD OF TRUSTE S OlA T011fla1 Trustees TOWN OF SOUTH D Jg9/m y ROOF RUNOFF DATE 1860 sq./l ■ 0.17 x l = 316/22.3 /V/0/F PROVIDE 3 ORYWELLS 6'm x 5'DEEP OR EQUAL BAKER S.89'23'00E. 142.10• AVERAGE SETBACK =10.4 � 6.2/2 8.2 --- �c o< K 55'a 0'E: \ are//mec� el7.7 SURVEY c� 6' "�� o _`= _ �a PROPERTY o ��/i1 � �\ ` 12!41 / - D/S>tJ,L '^ 1=.ai AT SOUTHOLD TOWN OF SOUTHOL o1. --' ''rh �,,, w 3`�c62 -' SUFFOLK COUNTY, .Y. _ ,e_,° °4 «Y e �� we) 1000- 69 -03=13 1 �o Scale : l rr 40co APRI L 28, 2004 hse o tri• 3 July /125,,Z2004vv6(te(leo/gbouy.a K]s)c into.) ,63-iNo.�83'.wOO'00�"KN76 0 �_ p A !4n tip (�/ IF- Aug. 9, 2004 (oddltonsl 2/./2 1 \ O Co„ 2iio oev c -_w-.-104 `�r eli n43a� i O- �i R4 P� NJge Z' to L -0O 30, k n FRY ZqN ,qQ 4p836' E) tEoF /ti NEW, TEST HOLE RN, METrC V/ e,12, Bl M 8/10/04 CONTOUR j &WNN s>r suw sv * * EASTERN TOWNSNES ATOPRE RO REFERENCED MAPS THE FIVE _—_ y o well � e `��a ro 0.496I8 Fpw M., PECONIC VEYORS- (631) 765-5020 FAX(631) 765-1797 P.O.BOX 909 el.D 1230 TRAVELER STREET AREA = 32, 440 sq. ft. 1ro �"� SOUTHOLD, N.Y. 11971 Nvff El ENATpFAR AR£REFERENCED Ta,A/t assts�'D DAWM �/� �.� wlV —� t�.�w')r L i 5-`4\�"1..i��!• � t '��..r 1^J�''� ?,�L, +.. ' .Af `r .1 1• / - x f. \ t.- .Ir,- \ 1 e,:{.l�. r4 :, \ i 1. l ��.fp �_;r.� t ,�J-- Grp. 14, i7 11 � Ar t /ti � � + ! ..>r r►�" ���,�Y�k s1'�3.y_.T.s�iy? /�l'�1'r;�.J! r-i'�c� ` F J TERMS and CONDl11®NS perahtttee Michael Lip-jey tabling at Southold N. Y4 as ia•of the eoasidaatica for the issuance of the Pccmk does apdentand and phesnibe to the M- 1. That the said Board of Thins and the Town of Southold am relessed •from any and ml damages„ at dais fat daomge4 of sda edsigg-dttectly or tndh dfy as a result of any opet adoo pefonmed p usoant•-te Als pem* and the old Itrmkwe-will, at his of bet own e defend any mail all such add-iakb*d by dticd attics,and the am Petmktee asoma full IIdwq with respect dwewa to•l mocompleoe aeon of tae Board of Tntmes of the Town of Southold 2. That " Feei<is valid for x mod of -24 - -- mom. qd" is d*ddeded to be tlx estimated dme'reguired to complete the work invnived,isat ihould dtin ascantm warraat, roger for as mention may, be mtde to the Board at a later isle. 3. That this Petnhit should be retained indefinitely, or as tong as the said Petmkme wishes CD'--10010 the mare or project involved, to provide evidence to anyone con=ad that cath- moa was odginilly obtained. 4. That the wodc havolved will be subject to the mud approval of the Board the im agents, and non oompllaooe with the provWons of the odginaft appHcadon,may be cam foe t+evocation of this Pett by mdudoa of the said Board. S. That fixe wffl be no untasoaable laterfamme with aav4ptioa as it tcwh of the wodc hewn aithoa w& 6. That dere afiall be so inoedeteace with the dgjht of dw pulik to past and Upw along tlhe beach between WO and law mew andm 7. That if furore opetstiom of the Toga of Soodhpld teQa m the,teowd ad/ac alb is the khmdon of•the wode herds wsdwdnd or!f,im the oplalon of the Rood of Tittsteee, &e. wodc-.than erose unressomhble obstraodoa to free naAgation, die smbf Penaltme wilt be nV dn4 due notim,to temove or alter this wodc or project hoWn staged without e to the Town a Thu the said Board will be aotdfled by the wee at the amoetion.of the wade t ; otiaed. . - 9 That the'Permittee will obtain all other permits and comams tit may be nq dted sap plentental to this permit wblh nay be atlIm to teraim ttpoa idhm to obodn aux i 4 , SUEFO(�► ' Albert J.Krupski,President Town Hall James King,Vice-President 53095 Route 25 Artie Foster p %� P.O.Box 1179 Ken Poliwoda Southold, New York 11971-0959 Peggy A. Dickerson ,y • `� Telephone(631)765-1892 Fax(681) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 18, 2004 Patricia C. Moore 51020 Main Road Southold, N.Y. 11971 RE: 480 ACKERLY POND LANE, SOUTHOLD SCTM#69-3-13 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wednesday August 18, 2004 regarding the above matter: WHEREAS, Patricia Moore on behalf of MICHAEL LIEJEY applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated April 28, 2004, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on August 18, 2004, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and,. WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 97 of the Southold Town Code, i WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of MICHAEL LIEJEY to cgnstruct,a single-family dwelling with garage and sanitary system, with gutters and drWveils:o"e house and garage to contain roof runoff, a 50' non-disturbance buffer from the wetlands, a hay bale line placed along the 50' line, and all as depicted on the plan prepared by John Metzger last dated August 12, 2004. 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: $100.00 Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/hct r o�guFFQ4co Telephone O Gy� (631)765-1892 y Town Hall IS 53095 Route 25 • �`� P.O.Box 1179 �►pl � dao Southold,New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Tuesday, May 11, 2004, the following recommendation was made: Moved by Don Wilder, seconded by Doris McGreevy, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH A CONDITION of the Wetland Permit application of MICHAEL LIEGEY, AS CONTRACT VENDEE to construct a single-family dwelling with garage and sanitary system. Located: 480 Ackerly Pond Lane, Southold. SCTM#69-3-13 The CAC recommends Approval of the application with the Condition the large trees are protected and a 10' non-disturbance buffer landward of the bank. Vote of Council: Ayes: All Motion Carried � w App 2-11 SE91 A REGULAMor,s Appendix 2 including any site on the Register of National Natural Landmarks pursuant LL to 36 CFR Part 62, 1994 (see section 617.17 of this Part); or D (11) any Unlisted action that exceeds a Type I threshold established by an involved agency pursuant to section 617.14 of this Part. 1 2004 617.5 TYPE II ACTIONS. Southold Town (a) Actions or classes of actions identified in subdivision (c) of this section Board of Trustees are not subject to review under this Part. These actions have been determined not to have a significant impact on the environment or are otherwise precluded from environmental review under Environmental Conservation Law, article 8. The actions identified in subdivision (c) of this section apply to all agencies. (b) Each agency may adopt its own list of Type II actions to supplement the actions in subdivision (c) of this section. No agency is bound by an action on another agency's Type II list.An agency that identifies an action as not requiring any determination or procedure under this Part is not an involved agency. Each of the actions on an agency Type II list must: (1) in no case, have a significant adverse impact on the environment based on the criteria contained in subdivision 617.7(c) of this Part; and (2) not be a Type I action as defined in section 617.4 of this Part. (c) The following actions ara not subject to review under this Part: (1) maintenance or repair involving no substantial changes in an existing structure or facility; (2) replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes,unless such action meets or exceeds any of the thresholds in section 617.4 of this Part; (3) agricultural farm management practices, including construction,mainte- nance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming; (4) repaving of existing highways not involving the addition of new travel lanes; (5) street openings and right—of--way openings for the purpose of repair or maintenance of existing utility facilities; (6) maintenance of existing landscaping or natural growth; (7) construction or expansion of a primary or accessory/appurtenant, non—residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls, but not radio communication or microwave transmission facilities; (Maufiew Bender&Co..Inc.) (RcL6-&96 Puh.74e) { t Appendix 2 ENVIRONMENTAL IMPAcr REVIEW App 2-12 (8) routine activities of educational institutions, including expansion of existing facilities by less than 10,000 square feet of gross floor area and school closings, but not changes in use related to such closings; (9) construction or expansion of a single—family, a two—family or a three—family residence on an approved lot including provision of necessary utility connections as provided in paragraph (11) and the installation, mainte- nance and/or upgrade of a drinking water well and a septic system; (10) construction, expansion or placement of minor accessory/appurtenant residential structures, including garages, carports, patios, decks, swimming pools, tennis courts, satellite dishes, fences, barns, storage sheds or other buildings not changing land use or density; (11) extension of utility distribution facilities, including gas, electric, telephone, cable, water and sewer connections to render service in approved subdivisions or in connection with any action on this list; (12) granting of individual setback and lot line variances; (13) granting of an area variance(s) for a single—family, two—family or three—family residence; (14) public or private best forest management (silvicultural) practices on less than 10 acres of land, but not including waste disposal, land clearing not directly related to forest management, clear—cutting or the application of herbicides or pesticides; (15)minor temporary uses of land having negligible or no permanent,impact on the environment; (16) installation of traffic control devices on existing streets, roads and highways; (17) mapping of existing roads, streets, highways, natural resources, land uses and ownership patterns; (18) information collection including basic data collection and research, water quality and pollution studies, traffic counts,engineering studies,surveys, subsurface investigations and soils studies that do not commit the agency to undertake, fund or approve any Type I or Unlisted action; (19) official acts of a ministerial nature involving no exercise of discretion, including building permits and historic preservation permits where issuance is predicated solely on the applicant's compliance or noncompliance with the relevant local building or preservation code(s); (20) routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment; (21) conducting concurrent environmental, engineering, economic, feasibil- ity and other studies and preliminary planning and budgetary processes (Matthew Bender&Co..Inc.) (Re1.6-M6 Pub.744) r a now York ft"0"1"of'arks.Rsoeostlon turd Historic thras Irstim trltetorro Presenation Fleld Srarvrces Ourmw Pow"b tans.PO t218e-ales s�S-23�-a6ss e.rorf.e.care � (�' I'a jUN 2 8 2004 June 24,2004 �,y taube Southold loran 310 Ack*Pond La Board of Trustees Southold,NY 11971 Dear Mr.Leube, Re: Information Request Jodw t:tSWAdm*Pond(Bowery)Lane Area Town of South Sufk&Cotmty,NY Thank You fbr requesMV the comments of the Oflloe of Pawb,PAA eatton and"ftWk RM&vat M(OPPMP)wM regard to the potential for riffs area to 001011 s(gt WCW h!SWk OAbMal resmm. OPRHP has received the matwli l submllbed by Lisa Cordant- Stever M Muding the ardtaeolo"stbe Mentilled an your property. i-nls slice has beta ddettlfeed as the r3fterry Swamp Site and asslgrred to the Mew York Slate Ardraeobpl®I Elbe Irrmrfty as number A10310.001323. Based on the krformatfon submitted,it appears that the deposits meet ripe arteria to be axWdered eligible for tht Navortal RegWw of libt>oric Phage (NRNP). At this ON the SM is enhVW int our krmttory as an eigible prqpeny. If You ward ft to ptnsue heft the sibs Listed on the NRMP,please coniaid me and I will help to irtiOW the praaesa In addRion to the sibs on yow property,the badagroand i ftmaum provided by Yost and Ms.Codard-S�c enson dea*suggest VW this properly tree part of an early oontrr wft in Southold,and as such,there is a very high potetriat chat Other important awdteeologlcd shes are rotobed in the vkb ty. Thaeft%OPRHP world reconanend that achaVola"kwaffigation be undertaken prior to any Wound dlsturbing activities or devdaprnertt of p nets In the vloyrity. Should any pogects YM state and/or fed"klVdMr Mtt CAL permits,,boenM!r,finding, approval)be proposed far the vldrdty,Our allied world recommend arol mob"sLnw be undertakk%t Additionally,sttotrid any local MOON dw t d our AD--in amordance with SEQRA review,we would also reconmtend got wdwwbgW survey be urxWbilaet. Please contact me if You have any further questions. I can be readied at acbension 3291,or by e-mall at .state ny us. uftP Af P. Histork Preservation Program Arco" Ardweolo4y w , Histo c Preservation Office :: Disclaimer :: Page 1 of 2 The New York State Historic Preservation Office(SHPO)is a bureau of the New York State Office of Parks,Recreation and Historic Preservation. The SHPO houses and maintains a broad range of information relating to historic properties in New York State including historic buildings,structures, sites,districts,and objects. The SHPO includes in its,mission a responsibility to provide this information to municipalities,state and federal agencies,and the general public for the purposes of planning and research. Two categories of information are available from the SHPO via the Internet in Geographic Information Systems(GIS)format. These include 1)locational information on State and National Registers of Historic Places in New York State,and 2)Archeological Sensitivity Zones for New•York State. Both of these GIS resources are based on current records. databases,and file information retained at the New York State Historic Preservation Office. The State and National Registers of Historic Places GIS Database t The New York State and National Registers of Historic Places are the official lists of J ' properties significant in the history,architecture and archeology of the state and the nation. The database includes generalized boundary information for nearly 4500 individual properties 3 = and historic districts in New York State. Please note that Archeological Sites listed in the Registers are protected under state and federal law and as such are not depicted on this site. +v This site is updated on a quarterly basis,as such the information depicted may not include the most current information regarding properties presently in the process of being nominated to the registers. For legal purposes, the precise locations and boundaries are defined in the National Register of Historic Places Nomination documentation on file at the SHPO or with the National Register of Historic Places office within the National.Park Service,Washington, D. C. Archeological Sensitivity GIS Database The Archeological Sensitivity Maps for New York State define areas within the state where the discovery of archeological sites is predicted. These areas also contain the locations of all known sites that are included in the SHPO Archeological Site files and the New York State Museum Archeological Site files. The exact locations are not displayed on this site since they are protected from disclosure by Section 304(16 USC 4702-3)of the National Historic Preservation Act of 1966 and Section 427.8 of the implementing regulations for the State Historic Preservation.Act of 1980. This information can only be accessed at the SHPO in accordance with the SHPO's Policy on Access to Files,Data,and Information. The site information depicted in this overlay reflects known sites protected by randomly placed buffer zones. These defined sites with their buffer zones are used by the SHPO to provide recommendations to state and federal agencies regarding the need for archeological surveys.This site is updated on a regular basis as a result the maps displayed may not be up to date and should only be used as a reference tool. The depictions displayed on this site supercede all earlier versions of the Archeological Sensitivity Maps for New York State. The Appropriate use of SHPO GIS Database in Environmental Review The information contained in the National Register and Archeological Sensitivity web pages can be useful to state and federal agencies,municipalities,planning and engineering firms in the early planning stages of a project.The general information contained in the State and National Registers of Historic Places web page can provide an early indication of the presence or absence of Listed historic properties in or near a project area.The likely need for an archeological survey of a project area can be ascertained by determining if the project is http://www.nysparks.state.ny.its/shpo/diselaimer_gis.htm 6/26/04 It is argued that the Town of Southold is the oldest English settlement in Neil York. The early settlers were attracted to the protedW waters of the Nconic Bars the abundaK wildlA,and the natural beauty Noah fork ofered. *ny offhe homes which were built as early as the year 163 ff in today and continue to be in�h+6 Acknowledging the significance and im of these homes and th ' g properties�S essential in preserving the uni nE hi3tory and landscape of the commull Reckless rly planned development ire the largest threat to any community vvitA detrimentJ that are almost always irreversible. The Southoldd-poard Of Trustees has been presented a building proposal tor a"single- family dwe garagC at jnitary systgm" to be bW t oil a wooded property-at 4$a Ackeriy Po*ane,lehs*n it quarter mile north of Main Road,and directly adjoining Bilbehy Greek A posdd house construction would: • Require the 00raoting and removal of apptoximately 20 indigenous tree,p4rits, and bushes. ti. • Encroach on the recently restored"Doctors e"whic otras bud in the late ' t690's and has been nominated by the New Yor tat C rce of Parks, Recreation and historic Preservation to be listed on the National Registry. • Increase the density of the rural and historic community by constructing a house and garage that is too close to the road,too large in size,on-a piece of property drat is t/b small. • Pose a threat to the Bilberry creek wetlands with an inadequate setback distance frota the Muse and gprage,and would rely, on a D.E.C. building code variance or dismissal. • The proposed property was the former Wation of the two 18m century homes of WA Overton And Mrs. Simonds. The historic property nfcessitates an archeological survey to document and preserve the historical artifacts throughout the property. Calling for an overall and absolute stop to development is unrealistic. However, tho*tfid,controlled,an&Vtelligent planning are desperately needed to prevent high- density AM Unchecked development which has plagued many parts of Long Island. We the undersigned residents are opposed to this construction because of the increased density and negative impacts that it will pose to the historic Ackerly Pond Lane homes and community. We expect our town trustees to uphold the health,preservation,and best interests of this Southold community. RFEC EIVE 2 4 2004 SOM Id Town Board of Trustees 1 Name ,,� Address 0 l raw, n o Sa sof �oil aCltIgh - r/ �r 0AJ d c9. a.cce Qb (?Or t-I�cQ / M V f r- Y L� n c� ZQWC Soar-Aal S�� Q�ca C 1515 LOUXC Rd, ,SOU-+hOki rer � y � a Name Address I ov-+-oins S&c+oto [ Cl 4t S qjqs' (1,4 ,) Q to D �'Y1�5 O. SOV C5� - � NN ,, ` a/! / L�L!f /Td�I a-+ r Chi i At O v al ` NEW YORK STATE HISTORIC ARCHAEOLOGICAL SITE i NYS OFFICE OF PARKS.RECREATION&HISTORIC PRESERVATION 01 a (518)237-8643 FJUN 2 4 2M4 For Office Use Only--Site Identifier Com°aulor�r Sotbuld Town Project Identifier Board d Ttustm Your Name_ Lisa Cordani-Stevenson Date_ lune 7, 2004_ Address_ 118 Trout Brook Lane Riverhead NY 11901 Phone (631-722-0226) Organization(if any) 1.SITE IDENTIFIER(S) 2.COUNTY Suffolk One of the following: CITY TOWNSHIP INCORPORATED VILLAGE UNINCORPORATED VILLAGE OR HAMLET Hamlet of Southold 3.PRESENT OWNER Gary and Margaret Laube Address_31.0 Ackerly Pond Lane Southold.NY 11971 (631-765-6105) 4.SITE DESCRIPTION(check all appropriate categories):Structure/site Superstructure: complete --x partial_ collapsed_ not evident Foundation: above_ below x (ground level) not evident _Structural subdivisions apparent _Only surface traces visible Buried traces detected List construction materials(be as specific as possible):wood Grounds _Under cultivation _Sustaining erosion x Woodland _Upland Never cultivated Previously cultivated x Floodplain Pastureland Soil Drainage: excellent_ good_ fair x poor Distance to nearest water from structure(approx.) 57.4 feet Elevation: 12 feet 5. Site Investigation(append additional sheets, if necessary): Surface—date(s) _ 2000-currently Site map(submit with form*) Collection Subsurface—date(s) Testing: shovel x coring— other _ unit size 1 meter no. units (Submit plan of units with form*) Excavation: unit size l meter no.of units 72 (Submit plan of units with form*) *Submission should be 8 %z"by I I", if feasible Investigator Lisa Cordani-Stevenson OPRHP historic Site Form-page 1 The property located at 480 Ackerly Pond Lane, Southold(Tax map number 1000-69-3- 13) may be of archaeological significance. The area according to the National Registers of Historic Places GIS Database is registered as a place of significance to history and archaeology. Because the area has been officially registered,archaeological survey and excavation should be completed before any changes to the property are made.If the property is built upon,any traces of the rich history will be lost. During the 1600's the property was part of the common land used by Lazarus Manly, who was a miller. The mill itself is yet to be found but parts of the mill remain in neighboring properties surrounding the lot in question.It seems reasonable to assume that more artifacts pertaining to a mill would be found on the property. On the property line between lot number 480 and number 310,a headstone was found. No grave was uncovered on the Laube property. There is a possibility that a burial lies on the lot. During Colonial times we know that the Overton and Simonds families had houses on the lot in question. The foundations of these two homes were filled in during the 1900's. The map, which shows the Village adjoining Southold is not to scale but distinctly shows the two houses. Over ten thousand artifacts have been catalogued from the Laube property, including rare finds such as a 17a'century working well,pottery,coins and rare buttons. The artifacts give insight to the way the earliest colonists in Southold lived. It stands to reason that similar finds would be found on the adjacent lot. Native American artifacts have also been found on the Laube property at 310 Ackerly Pond Lane. These include but are not exclusive to:a 5000 to 6000 year old spear point, an 1100 year old spear point and a possible shell midden. Lisa Cordani-Stevenson Archaeologist www q Z Nor Q A6 -_ A _ £ CE py,�p"/n At .- �R ram N� B9 SY o 4 4 2004 WSET 13,sa}Tj�'�fH �*A AL 23).32, y � - -�-- _ - alt• 1,4 4 '; '` Ci _f y r W �. 2-4.7 r, 7- -,q,� 4.1 7 7L TTJ-f- 7L:� -f y�7`•' '?` 1�:•.f'-/�f��` f•-f.. '� S iz -""imwo� rAb - - _ 8g•26. 5 1.4430 W t� t- sA - - 5 75'4040., 46,45 •. r�r'.r , ' 7� ,T' n T AT�fG' is from the mid 1800s and shows aTbe Doctors' House"on the right side of the map as Mrs. Gar&='s home s� � •. •� a � .� fid... �•:?�*.: ?, rq ri ... ' ' `f "r• � F �'• ,5., •` .'�� Y• Y. ., _•y err' •.• !,� .<!.t. .wr. ••.,,,,,��•III.III, rA �' •�1' + .���� iia � � �r •.. Y .�, k. SEQ1,(A and public participation v Page I of 5 Concemed Citizens of CattaraWtus Countv.Inc. 0 0 0 State Environmental Quality Review Act A Citizens Primer J definition.of"environment' environmental impAOstatement MIS) �1 iju_ 'JI the two Major steps after the public.90MMOpt period links SoutholdTown Board of Trustees In New York,planning boards, town boards, city councils and other public agencies must comply with strict procedures for the review of environmental impacts of proposed projects they approve. if the procedures are not adhered to, citizens may challenge the agency's decision in court, generally seeking to have the decision annulled and the environmental review process started over. If they prevail, citizens may be eligible for an award of attorney fees, a fact that may motivate an attorney to risk taking their case for little or no fee up front. An environmental impact review is mandated by New York's State Environmental Quality Review Act(SEQRA), and its implementing regulations. The Act is found at N.Y. Envtl. Conservation Law(ECL) § 8-0101 et seq., and the regulations are found at N.Y.C.R.R. § 617(Part 617). The environmental impact review procedure is known as "SEQR" "No agency involved in an action may undertake, fund or approve the action until it has complied with the provisions of SEQR. A project sponsor may not commence any physical alteration related to an [agency] action until the provisions of SEQR have been compiled with." Part 617.3(a). Environmental imp4ct review is_Drocedure that must allow you to participate SEQRA does not dictate any particular level of environmental protection. Rather, it imposes a procedure for considering environmental impacts, including those the public urges be considered. If the decision-making body fails to address the impacts it has been notified about in writing,then the procedure has been violated and can be challenged in court. In order to understand the SEQRA review procedure and whether it has been followed, a number of key terms must be understood, as well as the various steps in the decision- making process mandated by SEQRA. The N.Y. Department of Environmental ConservatioRl "Jch . . writes-the. S E.QR At lzd tile regulations and a iolls. h ............ 195-post - .... ... ....V.­.� ..... .......... number of vvr%, helpful plain-language pamphlets explaining.the SEQR procedure. You should go there for in-depth information. This page highlights the public participation opportunities provided by the procedure, and the broad definition of"environmental impacts"that should be addressed in any comments citizens submit to an agency or other decision-making body subject to SEQRA. http://www.homestead.com/coneemedcitizens/SEQRA Primer n.Ahtml 7/24/04 SEQR 4 and public participation Page 2 of 5 SEQR review, all-too-brie+outlined The best way to determine whether SEQR applies to a proposed project is to work through the DEC's "SEQR Cookbook," available from the link above. Generally, SEQR is required whenever a public body is asked to take an "action," defined as "approval" of a new of modified construction activity,or any other activity "that may affect the environment." Part 617.2(b). For example, issuing a permit is an action, but only if the permit could be denied. Part 617.2(e). Thus, if a building permit must be issued whenever the builder meets all the relevant requirements, issuing that permit is not an action. What's the "environment"? The answer is important, because many decision-making bodies do not appreciate how broadly SEQRA defines the environment. Impacts that must be considered when SEQR applies include "the physical conditions which will be affected by a proposed action, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance, existing patterns of population concentration, distribution,or growth, and existing community or neighborhood character." ECL §8-0105 [6]. All these are "environmental impacts,"and the above definition encompasses three areas: (1)physical impacts, (2) impacts on population patterns,and(3) impacts on community character. SEQRA also requires a review of impacts related to the proposed activity, even if they are likely to occur only after the proposed activity is completed, and even if they are indirect. These include cumulative impacts, that is, impacts that add to those already caused by other related activities. Also included in the environmental review are long- term impacts will occur if one development is likely to lead to another. In that case, the combined impacts of all related developments must be reviewed. See Part 617.7(c). The environmental impact statemMtgl$) Some approvals of proposed projects are presumed to require an environmental impact statement. For example, an EIS is presumed to be required for any project or permit that involves the physical alteration of 10 acres of land or more. Part 617.4(b)(6)(i). An EIS is a substantial study prepared by the project sponsor(less commonly by the agency)of all potentially significant environmental impacts(defined broadly as above), alternatives to the proposed project that would avoid the most significant adverse impacts, and things the project sponsor could do to reduce or offset the most significant adverse impacts, called"mitigations." In fact, the most powerful outcome of the SEQR procedure is often to identify specific mitigations, because SEQRA authorizes the decision-making body to withhold its approval unless it is satisfied the project sponsor will do things to reduce or offset significant environmental impacts, things the sponsor hadn't planned on. http://www.homestead.com/concemedcitizens/SEQRA Primer—ns4_htmi 7124/04 SE - RA and public participation Page 3 of 5 Before making a final decision on whether environmental impacts of a proposed activity will be significant,even after any mitigations, the decision-making body must consider not only the information in an EIS,but information provided by the public. Citizens can affect the decision about whether impacts are"significant,"and therefore justify alteration or denial of the project, by submitting informative public comments, and by requesting information about the proposal well in advance of any public comment period. Effective comments can be made at any time prior to a public comment period by pointing out missing information, requesting clarifications of vague or ambiguous aspects of the proposal, or showing the decision-making body that important cultural, aesthetic, or growth-related impacts have been neglected. However, such concerns should be shapd and focused further, and submitted as public comments at the appropriate time, as discussed further below. The two major steps in SEAR review The first step in determining environmental impacts is to have the project sponsor complete an Environmental Assessment Form(EAF). Depending on the type of activity that may be approved, a "short form" EAF or a "Iong form" EAF will be completed. The decision-making body can always require a long form EAF. Blank forms are available from the DEC at the link above. The EAF is a checklist of potential areas where impacts could be significant. The decision-making body must review the completed EAF and make a"positive declaration" that adverse impacts will be"significant," or a"negative declaration" that they will not. This declaration must be in writing, must contain "a reasoned elaboration" of the basis for the declaration, and must show that the decision-making body "thoroughly analyze[d] the identified relevant areas of environmental concern." A negative declaration("neg-dec")may end the review process, since there is, according to the decision-making body,no more to review. However, if the written neg-dec lacks a sufficient basis to support that decision, it can be challenged by citizens in court. A positive declaration leads to the second step, preparation of an EIS. The EIS should analyze in depth all potentially significant environmental impacts, alternatives to the proposed project, and it should propose mitigation measures. The decision-making body may reject the first draft EIS as incomplete and ask the project sponsor to address more impacts or address impacts in greater depth. The project sponsor can be made to pay the costs to the decision-making body of obtaining an independent expert review of the DEIS. Once a draft EIS is accepted as complete, it must be made available to the public, and http*//www.homestead.com/conccmedcitizens/SEQRA Primer us4_html 7/24/04 SEQRA and public participation Page 4 of 5 invited for a minimum of 30 days. A public hearing may be held, and if it is, the public comment period must extend at least to ten days after the hearing. We've excerpted the list of requirements SEQRA regulations say must be found in an E i S. Effective public comments refer to one or more of these requirements and point that they're missing in the EIS or inadequately addressed. The decision to hold a public hearing must be made after considering "the degree of interest in the action shown by the public or involved agencies; whether substantive or significant adverse environmental impacts have been identified; the adequacy of the mitigation measures and alternatives proposed; and the extent to which a public hearing can aid the agency decision-making processes by providing a forum for, or an efficient mechanism for the collection of� public comment." Part 6I7.9(a)(4). An intermediate step is possible, called the "conditioned negative declaration." This occurs whent he decision-making body has identified "mitigations" to be performed by the project sponsor that amount to conditions for approval. The conditions, if met, must reduce the environmental impacts, making them insignificant. A public comment period must be opened,allowing the public to identify deficiencies in the conditions(that is, showing that the conditions will not actually make the impacts insignificant)or identify additional adverse impacts that have not been considered If public comments do either, an EIS must be prepared and eventually subjected to another public comment period. After thepuublic cornmentperiod The public body responsible for approval of the activity analyzed in the DEIS is responsible for the adequacy of the final EIS. The decision-making body must provide a response to public continents. This response is included in the FEIS,together with the earlier DEIS and all changes and additions to the DEIS. After the FEIS is filed and made available to the public, the decision-making,body must prepare written findings, which usually coincide with its final decision. A final approval must be accompanied by findings that address the environmental impacts analyzed in the FEIS,and conclude that no significant adverse impacts remain after the agreed-upon mitigation measures, if any. A final denial does much the same, identifying impacts that would not be avoided as reasons for the denial. Local law may provide for as little as 30 days from the time the public is notified about a final decision to challenge the decision in court. Otherwise, the limitation period is four months, and the challenge is brought as a petition under Article 78 of New York's Civil Practice Law& Rules, in the county Supreme Court. http://www.homestead.com/concemedcitizens/SEQRA Primer ns4.html 7/24/04 SE'�--i:!i and public participation Page 5 of S 1 ur ur rFo�t DEC SEAR_MATERIALS SEQR LIST OF_REQQIRED.TQPICS IN ANY.EIS CCCC_HQME PAGE updated 11/1512003 MM I httP://www.homestead.com/concemedcitizens/SEQRkPrimer—ns4.htmi 7/24/04 Map Frame Page I of I r ��!�p�eoQ !9laR�aS z Nnr � �10 � a �7 4 http://www.oprhp.state.ny.us/nIrimaP--ftamc-BSP 6/2610¢ �jo 0 P�O�o � O�tonS <a 7 3 21 pondL0. c R)c%d Side. " ivor wL+a� f'. ." s .._ `� "�•• '�F,y .,kms rv' y^{ �-4_. �.'Y`:' '. „�.��;:\ate-err 64`�0414 .a 'Afar. d �►I�JT9 ���M �e w ��'.�+. �" -�`"" ' t '{; h moi,`�i-e0.✓n 'r' �:y:,l �� :? r ... s ' - i 46.E X j- T4s:iirt"z�w�s1�` � ��— �� - .. � '�tia`" -vim ,.��x"�" '�•-� ���J#,K.�11t;.�,f�� rr `j.a` �t'��� �14 "C��-" sF��C.• a ill. '�`E''�'T" '3 t„te-t 3d<— 'All J<—',l.. At � +r�a,Ss K"^3 R,• a r, ,6 ;�� ��+, �<r� ��.. _�Ft a �+c�� s"v„ ``� s y� �. -�,�a17`"�9� ...}a'Y $u ��,�,�<a �,c�r�S A;�+.�C�aS•'ai� r:��+ �"��` �� ,��QD °� i �f`e}z' � ��' � ,��1 1111111 IIII Illll IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII 111111 IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 1/5/2021 Number of Pages: 4 At: 8:51:30 PM Receipt Number: 21-0001092 *ELECTRONICALLY RECORDED* Transfer Tax Number: 20-16605 LIBER: D00013085 PAGE: 452 District: Section: Block: Lot: 1000 069.00 03.00 013.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount $.0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $200.00 NO Mansion Tax $0.00 NO EA-CTY TP-584 $5:00 NO Edi-ST�'iE $250.00 X70 $5.00 NO Comm.Pres $0.00 NO Transfer Tax $0.00 NO Transfer Tax Number: 20-16605 Fees Paid $520.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County r CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY �dl I Ic THIS INDENTURE, made the day of NSR, 2020 BETWEEN MAUREEN FLOOD, Executrix of the Estate of Constance E. Bares who died a resident of Suffolk County on July 18, 2011, Surrogate Court File#2012-1023. 22 Woodlot Lane Huntington, New York 11743 party of the first part, and TOWN CREEK REAL ESTATE, INC. 53840 Main Road Southold, New York 11971 party of the second part, WITNESSETH, that the party of the first part, in consideration of TEN ($10.00) DOLLARS, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land,with the buildings and improvements 9 thereon erected,situate, lying and being in the Town of Southold, County of Suffolk and more particularly described as follows: SEE SCHEDULE"A"ANNEXED HERETO BEING AND INTENDED TO BE the same premises conveyed to the grantor herein by deed dated 9-16-2004 and recorded on 10-15-2004 in Liber 12349 Page 337. ©[� ��� TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" when ever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: MAUREEN FLOOD, Executrix Standard N.Y.B.T.U.Form 8002-Bargain and Sale Deed,with Covenant against Grantor's Acts—Uniform Acknowledgment Form 3290 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS,MADE IN NEW YORK STATE State of New York, County of Suffolk ss: State of New York, County of ss: On the a � �1 day of December in the year 2020 before me,the On the day of in the year undersigned, personally appeared MAUREEN FLOOD before me,the undersigned, personally appeared personally known to me or proved to me on the basis of personally known me or to satisfactory evidence to be the individual(s) whose name(s) is me on the basis of satisfactory evidence to be the ndiproved id al(s) (are) subscribed to the within instrument and acknowledged to whose name(s) is.(are) subscribed to the within instrument and me tha he/she/they executed the same in his/her/their acknowledged to me that he/she/they executed the same in capacit' es), and that by his/her/their signature(s) on the his/her/their capacity(ies), and that by his/her/their signature(s) instru nt,the individual(s), or the person upon behalf of which on the instrument, the individual(s),or the person upon behalf of the in idual(s)a ed,Vxec�,tdth, �lnstrume t. which the individual(s)acted,executed the instrument: (signature and'office of individual taking cknowledgment) (signature and office of individual taking acknowledgment) � .; . V . H. Pt lPC,-Stab of I rYiA IVo.S.►VASt �28'- TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State(or District of Columbia,Territory, or Foreign Country)of ss: On the day of in the year before me,the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hity(ies), and s/her/their capaci that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals) acted, executed the instrument,and that such individual made such appearance before the undersigned in the in (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgment) BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS SECTION 069.00 Title No. �G� I`l!D BLOCK 03.00 LOT 013.000 ESTATE OF CONSTANCE E. BARES SOUTHOLD TOWN TO 480 ACKERLY POND LN TOWN CREEK REAL ESTATE, INC. Recorded at Request of Abstracts, Incorporated RETURN BY MAIL TO: STRA'CTS, TOWN CREEK REAL ESTATE, INC. �I�VCOFiI?OFiATEC`u P.O.BOX 1046 585 Stewart Avenue-Garden City,NY 1 1 530 SOUTHOLD, NY 11971 51 6,6881000 f • I AQ GVE ALUMCr CORPS MV\ 63 a All that certain plot piece or parcel of land. situate, lying and being in the To" of SOMfOL ..Ut SOMOLD, County of B !d SM of New Ywk lig ceded and deacn*W as follows. BEGINNING at a point on the nottherly side of Adwdy bond Item(Bowargr Lame) S.i4 point being distant 40836 t westuly fmm the comer feed by the intmection of the westerly side of Nin Road and the norfhmly side of Ackedy Pond Road (Bowery Lanc)a TMNCE fCn.m said point of beginniny,aWnS the northerly side of Aekerly Pond Roak f following thm causes and diunm: 1) north 75 degrees 06 minutes 30 s=nds west, 114.72 feet: 2) north 76 degrees 50 minutes 00 swatu s,west, 104.18 feet; 3 north 83 degrees 00 n inutcs 00 secaw6 wrest, 21.12 fact(actud) (north 83 deg= 10 trimutcs 00 seconds west, 2 1.10 deed) . THENCE along lands now or fotmerly of Goggin,north 5 degrees 06 minus 30 seconds east, 115.'78 feet actual (115.70 feet deed) to Ian& now or formerly of Barer; TkDW-E alb.lands of Bakker,the foliov,&S two coursm and distance: 1) south S10 degrees 23 minutes 00 sec=6 x. 142.10 feet: 2) south 77 degrees 55 minute 30 seconds east, 96,32 fret to lands novo or fomerly of glotkin; 713ENCE along said lends south S.degrees 06 minutrs 30 swAmds West, 156.22!kWt to the point or place of BEGINNING. • t DISMCT. 1000 asenoN: 069.00 BL )MA 03.00 1UDS OLUM 9 Woe Mvd f1�lid�b 34C 66�E6LL�E9� IdSS�I� 9Z6 /0ElC�I RICHARD W. VANDENBURGH, ESC . 42155 Main Road Peconic, New York 11958 631-513-9019 RWV.Esa@Gmail.com March 2, 2021 To Whom It May Concern: Re: Town Creek Real Estate Inc. Dear Madam/Sir: Please be advised that I have served as counsel for Michael Liegey in the formation of the above referenced corporation and that he serves as President and sole shareholder of the corporation. Moreover, he has full authority to act on behalf of the corporation. If you have any questions or concerns, do not hesitate to contact me. V truly yours, I HARD W. VANDENBURGH Cc: Michael Liegey ziMel.a- NO 1w arvilt \ // �ilkw wn„~ 4•.^ ossaouo ,l Nu s� �tt t@uf rv'/'� �t. �� °°°�°� �`' i0 G� e*`� l \ � �t r� i I �!�"�r�T_w-q I--�"+-•..,,;,,S 3' . lb, A°f; ``Qyw ` ..� 12 (DI <.o iw !' ✓ .� 5.l� " / zO —'W-•'--er-i r 112 x j x �r _w e.x `\ areeie..m+.e�.•rrw ��.°etv 'y \ tea $ X .' 4� \ Y x`� � � S ' \ �..; � gV 4• -�V POS R as w, COUNTY OF SUFFOLK(o N NOTICE E,1" .'' .wc+u� loon SEcriw NO RiA Properlylax S—k.AX—y trrNlew,�. re1rwN su TM v 069 _ _ BRaY�NN1E0 oro D ——.—— _—mow—— '�' —__— wr�tine 1211 a.i.i... x 1NiGMMR 6Nf1'Bt nxaH✓v'bal6tH p wa cr —_ OFFICE LOCATION: , MAILING ADDRESS: Town Hall Annex P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Str Southold, NY 11971 ; Telephone: 631 765-1938 cou LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Glenn Goldsmith, President Town of Southold Board of Trustees From: Mark Terry, AICP LWRP Coordinator Date: June 6, 2022 Re: LWRP Coastal Consistency Review for TOWN CREEK REAL ESTATE, INC., c/o MICHAEL LIEGY SCTM# 1000-69-3-13 Suffolk Environmental Consulting on behalf of TOWN CREEK REAL ESTATE, INC., c/o MICHAEL LIEGY requests a Wetland Permit to construct a proposed 25'x50' two-story, single-family dwelling with attached 20'x20' garage; install a pervious driveway; install a new I/A OWTS system; and to install gutters to leaders to drywells to contain roof runoff. Located: 480 Ackerly Pond Road, Southold. SCTM# 1000-69-3-13 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided the following is required. 1. The lot is in a cultural resource area and most likely contains Native American and colonial artifacts. Coordination with the Southold Indian Museum archeologist is strongly recommended prior to any ground disturbance. A 30' "no work zone" to the east(of what?) is referenced in the LWRP CCR. This area is not shown on the survey and should be clarified and shown. 2. The 50' non-disturbance buffer was approved board the Board in Wetland Permit 5983. The buffer and the 30' "no work" should be memorialized in a covenant and restriction, permit, and description. 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: Honorable Lori Hulse, Attorney John G. Stein,Chairperson Town Hall,53095 Main Rd. Lauren Standish,Secretary15 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 Wed., June 8, 2022 the following recommendation was made: Moved by Carol Brown, seconded by John Stein, it was RESOLVED to NOT SUPPORT the application of TOWN CREEK REAL ESTATE INC. to develop the subject property in a residential manner by constructing a two-story single- family dwelling 54.8' landward of freshwater wetland boundary, construct a garage 20'X 20' located 60' landward of freshwater wetlands, pervious gravel driveway, and install a new IA/OWTS septic system. Located: 480 Ackerly Pond Rd., Southold. SCTM#69-3-13 Inspected by: John Chandler, Carol Brown, Caroline Burghardt The CAC does Not Support the application. The setbacks are not in compliance with Ch.. 275-Wetlands Code. The CAC will defer to the findings of the LWRP. Vete of Council: Ayes: All Motion Carried iac3attel-eT,,Doatairt ,Prid�t , elan ;:)gre€leaneyer 11I,�acc-1'reidr�t 1�.:C 13 11 14 !ph 1ea'J. 4n'dea Ssarta held Nar i yl9_:? . -dlenn ldeanitizT lephcn�a�s 165-1992 A.N°1h4t:Ipsl€i a,� I+' (f3 'iEi56 TN � 1 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application X Wetland Permit Application Administrative Permit Amendment/Transfer/Extensipn 4Received Application: T sZZ Received Fee:$ Z049 E C E I M E Completed Application: Incomplete: SEQRA Classification: APO 2022 Type I Type II Unlisted Coordination:(date sent) �L WRP Consistency Assessor t Form: t �a SoumcldTo—wn AC Referral Sent: a aa'' Board of Trustees Date of Inspection: Receipt of CAC Report: Lead Agency Determination Technical Review: Public Hearing Held: Resolution: Name of Applicant Town Creek Real Estate Inc. (c/o Michael Liel;y) Address 105 Town Creek Lane • Southold. NY• 11971 Phone Number: (631)—897—73-18 Suffolk County Tax Map Number: 1000—069-03 —013 Property Location: 480 Ackerly Pond Road • Southold,NY • 11971 66.0' NW of Lower Road, 434.6' west of Rte 25 (provide LILCO Pole#, distance to cross streets, and location) AGENT: Robert W. Anderson- Suffolk Environmental Consulting, Inc. (If applicable) Address: P.O. Box 2003; Bridgehampton, NY 11932 Phone: (631) 537—5160 n �1 a �t Board of Trustees Application GENERAL DATA Land Area(in square feet): 32,436 sq. ft. Previous use of property: Residential Vacant Intended use of property: Residential w-Single Family Dwelling Covenants and Restrictions: Yes X No If"Yes", please provide a copy. Will this project require a Building Permit as per Town Code? X Yes No If`Yes",be advised this application will be reviewed by the Building Dept prior to a Board of Trustee review and Elevation Plans will be required. Does this project require a variance from the Zoning Board of Appeals Yes X No If"Yes',please provide a decision Will this project require any demolition as per Town Code or as determined by the Building Dept.? Yes X No Does the structure(s) on property have a valid Certificate of Occupancy? Yes X No Prior permits/approvals for site improvements: Agency Date Southold Trustees Permit#5983 08-14-2004 No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes,provide explanation: Project Description(use attachments if necessary): Applicant proposes to develop the subiect property in a residential manner by constructing a 2-story single family dwelling 54.8' landward of freshwater wetland boundary (FWL), construct a garage 20' x 20) located 60.0' landward of FWL, pervious gravel drive way located 81.0' landward of the FWL and proposes to install a new IA/OWTS septic system thereon. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purposes of proposed operations: Develop the subject property in a residential manner Area of wetlands on lot: 0. square feet Percent coverage of lot: M % Closest distance between nearest existing structures and upland edge of wetlands: 0.0 feet (Vacant Parcel) Closest distance between nearest proposed structures and upland. edge of wetlands: 54.8' feet(Proposed Dwelling) Does the project involve excavation or filling? X No Yes If Yes, how much material will be excavated? N/A How much material will be filled? N/A Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: none Manner in which material will be removed or deposited: N/A Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): No impact to wetlands anticipated in that, the proposed is similar to other structures in the area which have not resulted in angppreciable impact to the wetlands proximate to the project location. 617.20 Appendix B c'o`hort�)tt}i►'fNi1f.1#'/ltll�.��S54'SSl))G'111 lout Instructions for C°ontyteting Part 1,-ProjectJnformationj 7'lle applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or fitntlin. are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research ar investigation would be needed to-filly 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 1'rrformation ^,r a... `.":�.,.""'a "'"-""". xma � ✓ ° l�latrte ofActian®rPnaject: .a-3'"""fX�.�'". "'""�,�,;.'"".": ."".�";�, �"'"r*"� „�»»-w v moray �r .�,✓ ;��rs »....M'^�""""�"""��"` ,yam'"p,, �.` ,�, '. �:'G'�»...K �^ � ;z:.rtvow...,,sok,.; ,sa.:.�w.«^w�..�zw.�,a✓;..�..w:zt,»a$, . s�u.»„�w.w.�w. +.._+ ,,.� :,�'Goa,J.F.,n.w».u:�:.:.�.,.�..eau..bi,.a«�, a.�v.�;: .,,a..uE,.....;�s, '„m«Fsw,«sr, z�a�z✓!�e`� .�`:,a:.�a �,w.a: Project Location(describe,and attach a It�attioti map): � � ti � T a a "� �`a z �6 a �'�.� '�✓ "� � 3480�Acker"ly fond Lane �Southold,;NY 1'1971 E °a ��w � �� �����W�� .«... �.�. �,.'.,,..�,,,e..;;.�.,:�.,{,.�a.,.«�, .tin_ _�,,.c.wa.'�,..�m.zwz,�.,�.,':..�sa„�. ...,,.m; a��3 ,...:.�.z...r�.,,�a�«w%,���,za+a,.,...�.:,..:,s^tM���.zz x"s� z,�^rv'a'.,a.,xw"".awl....,.":•y."....a».�..,�.»� .BriefDescnpttan ofArapased Action ���hcant=�ro�oses to de�elo�`the subiect�ro�er iri a residential manner b�constructing a 2 story � single fanuly dwelling 54 8 `landward ofrfreshwater�wetland boundary(FWL) constructa garaged , 20R)located 60 0 landward of FWL pervious gavel drive way located�810� landward�of<the F417L and ro oses to install a new TA/OWTS septic sxstem'thereon �- o yr PI Iv ,✓P ., ,'a „�°„s» a3 a :r1 rrs sz �6 a,> wa`y'+ s a�.��+...,w..,,;FFa,..-w.,.,..,h,.,.+u�e Name of Applicant or Sponsor: Tel Bane: Robert W.Anderson @Suffolk Environmental Consulting,Inc E-Mail robert@suffolkenvironmentaml coL_ s Address: City/Po: w State > x Ws; `� S m ,.,..,"'k a mn” {�r�tk3et„�alsnptOn � a 3 "�r `<'' ". � ✓ %: z"8 '� iV �z e'�' 7 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance .� Na YDS administmtive rule,or re,gulationj if Yes,attach a narrative description of the intent of the proposed action and the environmental resources that51 El may be affected in the municipality and proceed to Part 2, If no,continue to question 2. 2. Toes.the propowd action require a permit,approval or funding from any other govemmental ageneyf NO YGS f 'es fist aecw(sslne andperrntt or apPo'ni, _ Suffolk County Department of Health Services Wastewater Perttu T wn of Soutli'old Boar f Trustees W to 1'and Peniut& '' El , Town of Southold Building Permit _'E mw2' T a ,� . 3.a.Total acreage of the site of the proposed actions o�9 acus m b,Total ace to be physically disturbed P �`± across c.Total acreage(project site and any contiguous properties)owneq i or controlled by the applicant orproject sponsoel ` cres 4. Check.all land uses that occur on,adjoining and near the proposed action] p Urban M Mural(non-agriculture) p Industrial [Z3 Commercial BResidential(suburban) Forest MAgriculture DEl Other ther(specify) Parkland Pam I of 4 i S.Does the proposed action include construction or other activities that result in the impoundment ofd NO YES wetter or other liquids(e.g.retention pond,waste lagoon,dam)j if Yes,e�cplairi purpose anti sre ❑ t :ttl lois the sits elf the{imposed action or an a Uoirtin property-gei=i th lineation nl"an ac iv=e`ore osed�� �µ NO YES solid waste management facility") I�Yes,descrybe:,�,�, wu ✓'w. „w.w.x»,yu .w„.aWx.."w me,w,ww..rgs„..w.,xt✓.+mu..e+w,W vwrxp.-4+.w--Y.'ya a, a.,.maw',w.awry-wrw,.+w-ga'r+-prm>..:.uw.w .uwwK.:.«.w :w Fr .wev j "„Waw ,� . rv. t ,.;wiµ.wwam,.mwN.wwvw'w 'Wmrwmvi..w:w..w.uw..wW.:w..war'k.+www.uwva'ie4'wwJ.'.r�w,wa+/a' .M»a”maw.w+m+:'uw'.w"...Aww..wmwa�+ m'"+4,.^�arv...+mow-uw+'+:wt+'4Y+'.r.YweWa'mar.n„aw,a-tiM1uti.w'wuw+wumroa.,,.✓w,w`✓.m s ".wWw...., 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`s Uj .m,...� I AFFIRM THATTHE INFOMNIXIJON PROVIDED ABOVE ISTRUE,AND ACCII(L=11'E 1FO T14L fl-EST 0 F sNlY ICNOWLEDCE Applicantsponsor nc Rob Anderson-Suffolk Environmental Consulting,Inc. -Date w , 12 15,2021 , �ignatur��� Part 2- Impact A-ssesstnentl The Lead Agency is responsible for the completion of Dart 2. Answer all of the following questions in Part 2 using,the inrormation contained in fart I and other materials submitted by the project sponsor or otherwise available to the revieNwr. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context.of(lie proposed action?" No,or Moderate small to large impact impact may= may occua• occur I, Will the proposed action create a material conflict N011i an adopted land use plain or xoningi regulations) 2. Will the proposed action result in a change in the use or intensity of use of land's 3. Will the proposed action impair the character or quality of the existing comm inityT 13 EJ 4, Will the proposed action have an impact on the enviromnental characteristics that caused thl establishment ofa Critical Finvironinental Area(CrA)T a $, Will the proposed action result in an adverse change in the existing level of traffic oil affect existing infrastructure for mass transit,biking or walk-Nvuyf E3 E" G. Will the proposed action cause an increase in the use of energy and it tails to incorporate ;a reasonablyavailable,energyconservation or renewable ener- o ortuniti J 7. Will the proposed action impact existing) a,public/private water supplies? El b. public I private wastewater treatment utiiities? Er 3 S. Will the proposed action impair the character or quality dimportant historic,archaeologicatil architectural or aesthetic resources) 9. "4"4yill tate proposed action result in an adverse change to natural resources(e.g.,wetland: watemodies,groundwater,air quality, flora and fauna)' r` Now 3 of 4 No,or Moderate Small to large Impact impact may may occur occur 10, Will the proposed action result inan increase in the potential for erosion,flooding ordrainage problems` I El EJ 11. Will the proposed action create hazard to environmental resources or human health't 1:1 El Parti- Dote rm inat lon of ilgnificaucel Tito 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",orif there is a need to explain why a particular element of the proposed action may or will riot result,in a significaritadverse,environmental impact,please complete Part 3. Part 3 should,in sti.friclont detail,identify the impact,including any measures or design elements that have been included b)J the project sponsor to avoid or reduco impactsl Part 3 Should also explain how the lead agency determined that the impact may or will not ba significant.Each potential impact should be,assessed considering its setting,probability of occurringl duration,irreversibility,geogn,phic scope and magnitude. Also consider the potential for short-term,long-term and) Cumulative impactsi Check this box if you have determined, based on the information and analysis above,and my Supporting documentation.. L'--J that(fie proposed action may ivsult in one or more potentially large or significant adverse impacts and all envirptimen tal impact statement is required. Check this box if you have determined,based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Pwparer(if different from Responsible Officer) PRINT:J Page 4 off TOWN CREEK REAL ESTATE L.L.C. Property Situate: 480 Ackerly Pond Lane • Southold, NY 11971 SCTM#: 1000—069—03—013 I i f- r f Hill Cemetery J �4 i Southold q '7' -7/71,' -..,. Fist Preshytch Ceme �A "Now M emetery Southold Saint Pair Cemetery Peconic � ` Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) We, Town Creek Real Estate Inc. (c/o Michael Liegey)residing at 105 Town Creek Lane - Southold,NY - 11971 do hereby authorize Suffolk Environmental Consulting, Inc. To apply for permit(s)from the Southold Board of Town Trustees on our behalf. Al—ila Town Creek Real Estate, ichael Liegey) _ t Board of Trustees Application County of Suffolk State of New York Toivn Creek Real Estate Inc. ( lo Michael Lkgey) BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF,AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER�"ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. F Signature v� SWORN TO BEFORE ME THIS 2 DAY OF �4 ,2021 .i RICH RD W. VANDENEURGH Notary Public,State of New York Nq.2VA6027M•Suffolk OOunly t3�rnl��l�n�Mr�fatty 9�,.Zm�`L APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM rhe T vn of o thalc#'s ocie of Ethics prohibits cont7icts of interest on the mart aft ae tower offleers and employecs The pz�tpose of This f rrn_is to proyide information which M alert d g town of _sihle coqffictf,of i t est and al owit-to-take whatever a ts,n is necessary a avoid same. YOUR NAME: Town_ Creek Real Estate Inc. c%o Michael Lie e (Last name,first name, middle initial, unless you are applying in the name of someone else of other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) 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 a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood, marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered "YES,"complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent,or child is (check all that apply): A) the owner of greater then 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted th' /S day f 7�� �► 2021 'l 1 Print name Michael Lie APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of the town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Robert W. Anderson a, Suffolk Environmental Consulting, Inc. (Last name,first name,middle initial,unless you are applying in the name of someone else of other entity, such as a company.If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) 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 a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage, or business interest."Business interest"means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater then 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director,partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this /.5 da of Z6eEMTSEtr, 2021 Print name Robert W. Anderson Board of Trustees Application PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS APPLICATION NAME - n,.�l / , NAME: f71"J C'-GP�T 90 7--a q_ 5--i1. '� STATE OF NEW YORK COUNTY OF SUFFOLK residing at being duly sworn, deposes and says that on the day of , 20 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office located at ' that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Sworn to before me this Signature Day of . 20 Notary Public Suffolk Environmental Consulting, Inc. Newman Village • Suite E 2310 Main Street • PO Box 2003 • Bridgehampton NY 11932-2003 t 631.537.5160 f 631.537.5291 Bruce Anderson,M.S.,President HAND DELIVERED June 6, 2022 C E IV E D Board of Trustees Town of Southold .(� "' s P.O. Box 1179 Southold, NY Tmn 11971 Tmstm RE: TOWN CREEK REAL ESTATE L.L.C. (clo M. Leigey) Property—Affidavit of Mailing Situate: 480 Ackerly Pond Lane • Southold, NY • 11971 SCTM#: 1000—069.00—03.00—013.000 Dear Members of the Board, As per Southold Town Code §55-1, please find the Affidavit of Mailing for the subject parcel attached herewith. Thank you for your time and consideration regarding this application. Should you have any questions or concerns please feel free to reach out to this Office at any time. Yours Truly, Robert W. Anderson (enc.) I Glenn Goldsmith,President �SQFNIt,�co� Town Hall Annex A.Nicholas ICrupski,Vice President �0 Gym 54375 Route 25 Eric Sepenoski ear P.O.Box 1179 Liz Gillooly oy Southold,NY 11971 Elizabeth Peeples �Ol �.SOlti 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 TOWN CREEK REAL ESTATE INC. c%MICHAEL LIEGY COUNTY OF SUFFOLK STATE OF NEW YORK AFFIDAVIT OF POSTING OT�G' bTE' iT `SUNTT . p. -IN I HAjr- WIIYEIJ ��A��l s GDA�TE�COM �E� ` TH�S�ORM��N.�IITH�DA�Y�Q.RIIAsT�R IRobert W.Anderson residing at/dba P.O. Box 2003 Bridgehampton, NY 11932 being duly sworn,depose and say: That on the 6 day of June ,2022 , I personally posted the property known as 480 Ackerley Pond Lane Southold, NY 11971 by placing the Board of Trustees official noticing-poster where it can easily be seen from the street,and that I have checked to be sure the noticing poster has remained in place for a full seven days immediately preceding the date of the public hearing. Date of hearing noted thereon to be held Wednesday.June 15,2022. Dated: (signature) Sworn to before me this ,�­Cbfi j h ° 11' WKEWYc �rA wo.oc o"ir �s"rl i Co n.6Nc _H� PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: TO.-5-5 69.-3-21 Kelly Thomas P Baker Louis F Kelly Carol R Baker Keith 3tO Acker2y 1�ond In 230 1"ne Gr-ien-way Southold, NY 11972 East Marion, NY 11939 611241M.q Tikkan.6n Douglas W210a Tikkanen Deanna Miller Derrick J 129 Harbor Blvd M;ller Jennifer V East Aampton, %4*t 11937 PO aox 125 Southold, NY 19971 Edelmaii Zvi Simons Hannah 29 Polherm;s P-1 Brooklyn, ',,!Y 11215 ',ntonelle Carmine 475 Ackerly Pond,Rd Southold, *,11Y 11971 GS.-5-12.a Ward Theresa Murray Mldha.el I! 375 AcYerly Pond In Southold, NY 119711 STATE OF NEW YORK COUNTY OF SUFFOLK Robert W. Anderson, residing at Suffolk Environmental Consulting, Inc, P. O. Box 2003, Bridgehanipton, NY 11932, being duly sworn, deposes and says that on the 3 1h day of June, 2022, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Bridgehampton, that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Sworn to before me this Day of 20 Z.-Z_ MATTHEW D. 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OWNER(S) OF RECORD: TOWN CREEK REAL ESTATE, INC., c/o MICHAEL LIEGY /- SUBJECT OF PUBLIC HEARING: For a Wetland Permit to construct a proposed 25'x50' two-story, single-family dwelling with attached 20'x20' garage; install a pervious driveway; install a new I A v / OWTS system; and to install gutters to leaders to drywells to contain roof runoff. Located: 480 Ackerly Pond Road, Southold. SCTM# 1000- 69-3-13 TIME & DATE OF PUBLIC HEARING: Wednesday,, June 15 2022 — 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 online at www.southoldtownny.gov and/or in the Trustee Office until 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 Form TS 1 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes" or"no",then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail,listine both supporting and non- supportin2 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# 069 - 03 - 013 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees ® ZBA ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: Nature and extent of action: Applicant proposes to develop the subject property in a residential manner by constructing a 2-story single family dwelling 54.8' landward of freshwater wetland boundary (FWL), construct a garage (20' x 20') located 60.0' landward of FWL, pervious gravel drive way located 81.0' landward of the FWL and proposes to install a new IA/OWTS septic system thereon. Location of action: 480 Ackerly Pond Lane • Southold,NY 11971 Site acreage: 0.744±acres Present land use: Residential w/single family dwelling 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: Michael Lieg_ey (b) Mailing address: 105 Town Creek Lane • Southold,NY • 11971 (c) Telephone number: Area Code (631) 897—7318 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ® No ❑ If yes,which state or federal agency? NYSDEC, DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ® Yes ❑ No ❑ Not Applicable This project is consistent with the above policy in that, the proposed dwelling will be bult in a manner characteristic of the surrounding neighborhood. Consequently, this project is consistent with the above referenced project. 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 This project is consistent with the above referenced policy in that, the project includes for a 30' "No Work Zone" to the east in order to protect any historical resources of the Town of Southold (i.e. Doctors House).Conseguently, we find this proiect to be consistent with the above referenced Policy. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 5 through 7 for evaluation criteria ® Yes ❑ No ® Not Applicable This project is consistent with the above policy in that,the proposed dwelling will be bult in a manner characteristic of the surrounding neighborhood.Consequently, project is consistent with the above referenced project. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No ® Not Applicable This policy is not applicable to the subiect project. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No ® Not Applicable This policy is not applicable to the proposed project. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria ❑ Yes ❑ No ® Not Applicable This policy is not applicable to the proposed project. 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 Not Applicable. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Not Applicable. Attach additional sheets if necessary PUBLIC COAST POLICIES Policy 9. Provide for public access to,and recreational use of,coastal waters,public lands,and public resources of the Town of Southold. See LWRP Section III—Policies;Pages 38 through 46 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Not Applicable. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Not Applicable. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound,the Peconic Estuary and Town Waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Not Applicable. Attach additional sheets if necessary 1 Policy 12 Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Not Applicable. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Not Applicable. Attach additional sheets if necessary Newman Village e Suite E 2310 Main Street PO Box 2003 Bridgehampton NY 11932-2003 t 631.537.5160 f 631.537.5291 ]truce Anderson,M.S.,President r HAND DELIVERED March 31, 2022 I Y Board of Trustees APR - 5 2022 Town of Southold P.O. Box 1179 Southold Town Southold, NY Board Of Trustees 11971 RE: TOWN CREEK REAL ESTATE L.L.C. (clo M. Leigey) Property-Permit Application Situate: 480 Ackerly Pond Lane • Southold, NY • 11971 SCTM#: 1000-069.00-03.00-013.000 Dear Members of the Board, This Firm represents the Owner of the above referenced property, who is seeking all required regulatory approvals to improve the parcel in a residential manner. Consequently, your Boards approval is hereby requested. Attached herewith, please find the following application materials; 1. Board of Trustees Wetland Permit Application, (one original and three [3] copies); 2. Owners Endorsements, (one original and three [3] copies); 3. Owner Affirmation, (one original and three [3] copies); 4. Owner's Open Government Disclosure Form, (one original and three [3] copies); 5. Applicant's Open Government Disclosure Form, (one original and three [3] copies); 6. Location map, (four [4] sets); 7. SEQRA Short EAF, (one original and three [3] copies); 8. Certified Deed, (one original and three [3] copies); 9. Attorney Opinion Letter, (one original and three [3] copies); 10. Photographs of the subject property and current conditions thereon, (four [4] sets); 11. Site Plans prepared by JOSEPH FISCHETTI, P.E. last dated July 121h, 2021, (four [4] sets) and; 12. Check made payable to the Town of Southold in the amount of two-hundred fifty dollars ($250.00) in satisfaction of the requisite application fee. Thank you for your time and consideration regarding this request. Should you have any questions or concerns pertaining to this matter, please feel free to reach out to this Office at any time. Yours Truly, Robert W. Anderson (enc.) C.c. M. Liegey