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HomeMy WebLinkAbout12224-zFORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-26383 Date: 04/20/99 THIS CERTIFIES that the building ADDITION Location of Property: OCEAN VIEW AVE. FISHERS ISLAND (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 9 Block 11 Lot 6 Subdivision Filed Map No. __ Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANUARY 3, 1982 pursuant to which Building Permit No. 12224-Z dated MARCH 31, 1983 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is PATIO COURTYARD ADDITION TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to GUNTHER STROTHE & LUCINDA HERRICK (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED N/A N/A N/A ///Building Inspector Rev. 1/81 p,~ BUILDING · TOWN H~LL: SOUTHO~D;~ (THIS PERMIT MUST BE KEPT ON 'J'HE COMPLETION OF THE WORK AUTH6RiZE~) 12224 Z Date ntssion is hereby granted to: !~.~/. ...~.! ............ ~./....~ ............ [1~ :SUNTIL ~ULL County Tax Map No 1000 Section .............. L.....?.~l'od~.~." pursuant to appllcaton dated ..... .......... ,....~..,4:~:-~...~.-..~,., Lot No. i.,i.~, 19 ..... ~, and approved by the Build ng Inspector Form No. 6 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN }IAL~ 765-1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY This application must be filled in by typewriter OR ink and submitted to the building inspector with the following: for new building or new use: 1. Final survey of property with accurate location of all buildings, property lihes, streets, and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal(s_9 form)· 3. Approval of electrical installation from Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead. 5. Commercial building, industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. B. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and '.'pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly completed application and a consent to inspect signed by the applicant. If a Certificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees I. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling $25·00, Alterations to dwelling $25.00, Swimming pool $25.00, Accessory building .$25.00, Additions to accessory building $25.00. Businesses $50.00. 2.Certificate of Occupancy on Pre-existinR Buildinm - $100.00 3.Copy of Certificate of Occupancy - $20.00 4.Updated Certificate of Occupancy - $50.00 5.Temporary Certificate of Occupancy - Residential $15·00, Commercial ~15.00 II-2q q? - L.-" Date New Construction ........... Old Or Pre-existing Bull; ........................................ ~ocation of Property ....................... ©£¢~..~J.¢W.. .............. ,...~., ~.l House No. Street Hamlet''~' '' On.er or O ers of Property .... ...... :0. ........ cennty tm¢ Hap No ieee, Section. O..O.~.:.O.O...Block...I.I, 0 · ''P. ..... Lot.. Subdivision ...................... ~ ~D~ .............. Filed Map ............ Lot ............... Permit Ho... kl- arch · '. cant.. ~.-.~ , . ............. Date Of Permit. . . . .............. Health Dept. Approval ........................ · - Underwriters Approval ......................... Planning Board Approval ........................ Request for: Temporary Certificate ........ Ftnal~ APPLICANT PUBLIC HEARING IN THE MATTER OF GEORGE D. F. LAMBORN ?:40 P.M, PRESENT WERE: PRESIDENT HENRY P. SMITH TRUSTEE JOHN BREDEMEYER TRUSTEE PHILLIP J. GOUBEAUD TRUSTEE ELLEN M. LARSEN TRUSTEE ALBERT KRUPSKI CLERK ILENE PFIFFERLING BAY CONSTABLE DONALD DZENKOWSKI JOHNATHAN KIBBE, ATTORNEY STEVE LATSONj SOUTHOLD TOWN BAYMEN'S ASSOC, JUSTICE RAYMOND EDWARDS GEORGE D, F, LAMBORN MICHAEL HALLj ATTORNEY PUBLIC HEARING IN THE MATTER OF GEORGE D. F. LAMBORN 7:40 P.M. NOTICE IS HEREBY GIVEN THAT PUBLIC HEARING WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK, ON THURSDAY, OCTOBER 30, 1986 ON THE FOLLOWING APPLICATION FOR A PERMIT UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD. IN THE MATTER OF GEORGE D. F. LAMBORN to pump water from a Spring FEd non "Wetland" pond to a higher level man made pond. Property is located on Ocean View Avenue, Fishers Island, New York (385). HENRY P. SMITH: We have received some letters from the Fishers Island Civic Association and I will ask our Clerk to please read them. CLERK ILENE PFIFFERLING: I will start with the most recently received letter from Leslie O. Gross from Fishers Island. Dear Mr. Smith: I am presently a nine month a year resident of Fishers Island. As my mother did, I grew up spending my summer vacations on the Island. When I moved from southwest Florida to Connecticut for schooling, I took advantage of my parents' home on Fishers and expanded by precious time here to include the Spring and Autumn months. Only the potential for freezing water pipes in my parents' uninsulated house keeps me from Fishers during the Winter. I have loved Fishers Island for all of my 23 years. My time here has instilled in me a deepappreciation for the island's natural beauty--beauty that I now feel is being threatened. So, I am w~riting to you. Specifically, I am writing about the application to pump a wetland made by George Lamborn (Wetland application no. 385). I have three concerns relative to this application that I would like ~o share with you. First, I believe the land from which Mr. Lamborn intends to pump water is public land owned by the town (Mr. Lamborn refers, to the wetland as Mosquito Hollow). I do under- stand that Mr. Lamborn is merely trying to raise the water level by 8 inches or so in his pond on his property by engaging in this pumping activity a few times a year. But, I do not understand why Mr. Lamborn should be granted permission to help himself to a public amenity for what I understand will be strictly private use. What kind of compensation will the public receive for this water Mr. Lamborn intends to pump into his private pond? Will my brothers and I be able to go fishing and duck watching at this "Wetland habitat" that Mr. Bredemeyer claims Mr. Lamborn has created (refer to minutes of September 25th Trustees discussion)? Probably not. At the risk of sounding incredibly petty, the water from the wetland which Mr. Lamborn intends to pump is my water as much as it is his. I happen to like the water in the public wetland better than I like it in Mr. Lamborn's private pond. Second, I am greatly distressed that no one seems to know exactly, although many unqualified or non-expert opinions have been offered, what the effect of Mr. Lamborn's pumping activity, minimal as it may seem, will be. I realize that it would take an extensive and expensive--two words that strike dread into the heart of any overworked public official--study to determine the answer to this question. But, your title as Town Trustee suggests that I can rest assured George D. F. Lamborn Page 2 - Public Hearing - October 30, 1986 that you will do everything possible, no matter how extensive or expensive to protect land that is not only public, but land that is a wetland as described by New York State standards, land that is not to be violated. As well as I know and respect Mr. George Lamborn and Mr. Ray Edwards, I cannot agree with their assessment that the water Mr. Lamborn intends to pump is otherwise being "wasted" as it d~ains from the wetland into_the Long Island Sound. Nature doesn't waste anything. I too can stand on the beach and watch this natural overflow procedure, but watching doesn't tell me, for instance, how delicate the replenishment/overflow balance in the wetland is. I realize that the awesome responsibility of making long-term wetland decisions falls to you andthe other Trustees. I realize that you are not experts. Maybe it is time to amend the system and form a committee of experts that could provide you with information in layman's terms to aid you when making such crucial decisions as those that will affect our wetlands. Third, what worries me the most about this entire issue is the precedent that will be set as a result of a careless decision made by the Town Trustees. If you permit Mr. Lamborn to pump water from a public wetland, what is to prevent the hypothetical Mr. Jones from pumping water from a wetland that exists on his private property to fill a pool he wants to build? If you permit Mr. Lamborn to violate a public wetland, but don't permit the hypothetical Mr. Jones to violate his own wetland, or a public one for that matter, Mr. Jones will un- doubtedly Cake you to court. If you permit Mr. Lamborn and the hypothetical Mr. Jones to violate wetlands, how long will it be before all of Fishers Island's beautiful wetlands are destroyed? It was my impression that by law, wetlands, publicly or privately owned, are not to be violated by anyone. So why is this application even being considered? Please do not make an exception to this obviously sweeping but foresighted law. Thank you for your time. Very Sincerely, Leslie O. Goss TRUSTEE JOHN BREDEMEYER: I'll read a letter from Steve Malinowski. I think the reason we are wanting to'read all of these letters, the people from Fishers Island do have difficulty getting over here. We may have additional comments from' some of you here. At least in a sense of fair play we will hear from. everyone. This letter is from Dr. Steve Malinowski, Fishers Island, addressed to Henry P. Smith. I am a year-round resident of Fishers Island. The natural, unspoiled, beauty of the Island was the main reason my wife and I decided to settle and raise our family here. We now have five children and look forward to using the Island as a natural laboratory to educate and hopefully cultivate an appreciation of nature among our children. After reviewing the Lamborn file I have several concerns, some of them relevant to this case and others more general in nature. My main concern is that the Trustees may grant Mr. Lamborn permission to pump based on testimonial speculation rather than factual information. While my background does include some training relevant to this case. I do not consider myself a freshwater wetland specialist. However, I do know that this is a technically complex problem and without first conducting a comprehensive study, even a hydrologist would not attempt to address the technical issues that have been presented as "facts'T based solely on casual observations. Without a rigorous study we cannot know: 1. Whether water pumped into the upper pond will end up in the lower pond; 2.) If the water escaping through the beach is "wasted"; 3.) The relative volumes of the two ponds; 4.) The volume and salinity of water flowing through the beach; 5.) The relative amounts of fresh and salt water in the lower pond (which is most likely stratified); and 6.) how to monitor the pumping. These are important George D. F. Lamborn Page 3 - Public Hearing - October 30, 1986 issues that need to be addressed conscientiously - particularly since the scant data that does exist suggests that many of the speculations that have been made in support of this project are incorrect. Please read Fuller, M.L., 1905, Geology of Fishers Island, New York, Bull. of the Geol. Soc. of America, (which is, to date, the only comprehensive study of the geology of our Island) to gain an appreciationof the complex geological history of the Island which included massive folding of the subsurface impermeable clays. As a result of this folding process, our Island does not have asingle aquifer, but rather a complex array of separate, noncommunicating aquifers. It has been suggested that groundwater communicates between the upper artificial pond and the lower wetland. Ralph Lewis and Dr. Frank Bohlen, geologists from the University of Connecticut, disagree. Since the two acres are surface expressions of ground- water at different elevations, they theorize that there is no groundwater communication and the upper, artificial pond is probably part of a separate, perched · aquifer possibly separated from the lower wetland by an impermeable layer of clay. If true, then water removed from the lower wetland will not return "by gravity" and if higher salinity water is pumped into the upper pond it may contaminate the upper aquifer. Also, the other large beach pond we have on the Island is stratified and the oceanic water that enters the pond forms a distinct layer on the bottom and does not mix well with the overlying water. If the Town-owned wetland in question is similar, then without looking at a verticle profile we have no idea how much freshwater is actually in the pond (is it 6" or 6') and surface salinities will tell us virtually nothing about salt water intrusion during pumping. Finally, it has been suggested that a bench mark be used to monitor the lower pond during pumping. The assumption here is that the level of the lower pond is extremely stable. This is highly unlikely and as a matter of fact on October 11, 1986 the level of the pond was approximately 8 inches below a more "normal" level as evidenced by the position of the water level relative to a darker band around the perimeter of the pond. Furthermore, if pumping causes salt water intrusion in the form of a dense stratified bottom layer, this will not be detected by merely monitoring th surface level of salinity of the pond. There probably is no easy way to monitor the l~wer pond during pumping. It is not my intention to present factual information to be used in your decision-making. Rather, I merely wish to point out that much of what has been presented ~s fact is unsubstantiated speculation and may not be correct. An educated decision requires much more information. Since the people of the Island have indicated to you (at our recent Civic Association meeting and in our 1985 questionnaire) that wetlands are an extremely important resource, please respect that interest by making informed decisions on activities that affect or could potentially affect our wetlands. Sincerley, Steve Malinowski, PhD., Marine Ecologist TRUSTEE ELLEN LARSEN: From John H. Thatcher, Jr., President, Fishers Island Conservancy, Inc., To Board of Town Trustees: Since our letter to the Southold Town Board of Trustees of September 20th, 1986, several developments of note have been brought to our attention in regard to the permit application of Mr. George Lamborn. First, we have learned from Southold Trustee John Bredemeyer that he has connected initial saline tests on both Mr. Lamborn's wetland private pond and the wetland owned by the Town of Southold. Mr. Bredemeyers saline measurements may be inconclusive, but they raise an interesting point - would the pumping of brackish water from the Town-owned wetland turn the privately owned wetland salty? Judge Raymond Edwards, in speaking on Mr. Lambern's behalf in the discussion on the matter held September 25th, 1986, said that John Bredemeyers measurements, George D. F. Lamborn Page 4 - Public Hearing - October 30, 1986 "proved that the upper pond water (Mr. Lamborn's) has more salt content than the lower. That is due to the evaporation of the water." (parentheses ours). Our Conservancy asks: What does this imply? Will Mr. Lamborn's fresh-water fish all die as the result of repeated infusions of brackish water from the lower pond? Will the brackish water drain from Mr. Lamborn's pond and affect the salinity of the Fishers Island aquifer? Or will it drain out properly and affect nothing? We feel that these are very important environmental questions, and to our knowledge no one has yet attempted to answer them - and we feel they need to be answered, and answered conclusively. Secondly, we have found a remarkable amount of public sentiment on Fishers Island opposed to the precedent of anyone taking water from a town- owned wetland. A motion asking a vote on this point was made from the floor at the Fishers Island Civic Association meeting of October llth, 1986 and to the surprise of many the practice of taking water from a town-owned wetland was opposed by all people present. There were no votes recorded in favor. As the audience of over 140 people represented a substantial proportion and cross- section of the Islands off-season population, our Conservancy has concluded (and we think not unreasonably) that there is very widespread opposition and concern among Fishers Islanders over a possible precedent of this kind. And though Mr. Lamborn's name was not mentioned in the motion, his case might certainly seem to be covered by it. As_a result of these new factors in the overview, our Conservancy strongly recommends that the Southold Town Board of Trustees initiate and complete a full environmental impact study of the Lam50rn proposals before any permit is granted. We request this step be taken to insure that both wetlands involved in the case are not being ecologically harmed unintentionally by the use of the permits Mr. Lamborn seeks, as well as to inform and re-assure the Fishers Island population as to the essential environmental facts of the case. A full and objective environmental assessment, in short, could certainly do no harm, and quite possibly a great deal of good to all parties concerned. As Conservancy concerned with maintaining the ecological soundness of Fishers Island and its surrounding waters, we feel strongly that in such a precedent-se~ting case (where we are also allied with the strongest setiments of public opinion) every precaution should be taken to protect fully the Island's rare and ~nusual wetland environment, and to re-assure the Island's residents that our goals (and theirs) are being fairly met and considered. We also ask that this letter be inserted into the official record of the hearing held by the Southold Town Board of Trustees on Thursday, October 30, 1986. For the Conservancy Board of Directors, John H. Thatcher, Jr., President. TRUSTEE ALBERT KRUPSKI: From Frank W. Burr, Dear Town Board of Trustee Members: I am writing as a homeowner on Fishers Island and Vice President of the Fishers Island Civic Association concerning the above application. I urge the Trustees not to permit the applicant to pump water from the indicated spring fed pond to applicant's higher level man-made pond. Why? 1. There is no doubt that preservation is the highest priority of Island residents both year-round and seasonal. In a questionnaire sponsored by the Civic Association in 1985, all Island residents responded. Of those who respond~ 87% said "The most important objective of any plan for Fishers Island's future" were "maintaining the Island in its current state" and "maximum preservation of the environment". George D. F. Lamborn Page 5 - Public Hearing - October 30, 1986 2. At the October 11 Civic Association meeting attended by Messrs. Henry P. Smith, JOhn M. Bredemeyer and Phillip J. Goubeaud, the 144 attendees unanimously expressed the opinion that approval of the subject application would be the wrong decision. The size and spirit of this group is highly representative of the majority. Justice Edwards' opinion on this matter is distinctly a minority view. 3. While this issue may seem insignificant given the small wetland involved, it is important to us. First, the precedent would be a bad one given our efforts to fully maintain the natural Island environment. Second, virtually all our wetlands are small by your standards. Size should not be an issue. 4. The judgement that the effect on the environment would be insignificant is based on an opinion. Certainly long term, third party testing should be required to fully make such judgements. While I appreciate the Trustees expertise in these matters as well as the expense of testing all controversial projects, I would hope that maximum caution would be deserved in this matter. In conclusion, I certainly hope you will deny the subject application. Such a decision would not be in step with the wishes of most people who enjoy Fishers Island. Sincerely yours, Frank W. Burr. TRUSTEE HENRY P. SMITH: We have one more letter that the Fishers Island Civic Association wanted read into the hearing, and we have alot more letters and they will be put into the official record of this hearing. Will you read that last letter that was requested to be read into the hearing? TRUSTEE PHILLIP J. GOUBEAUD: Dear Mr. Smith: The Fishers Island Conservancy is concerned over the possible environmental impact of Mr. Lamborn's plans for pumping water from a Town-owned wetland up to his own private man-made pond and using said water for the purpose of filling and keeping filled this same private pond. As we are currently under the New York State Department of Environmental Conservation Wetland Classification #1 (unusua~ local importance), any tampering or disturbing of a Fishers Island wetland needs a permit not only from the Town of Southold, but from the New York State D.E.C. as well. (c.f. Article 24 of the New York State EnvironmeNtal Conservation Law known as the Freshwater Wetlands Act: especially Title 7 of that act, Section 24-0701 paragraphs 1 & 2; Section 24-0703, paragraph 5' and pursuant to Article 24- part 664.7 (c), paragraphs (1) and (2). Guided by these regulations, we feel that an unfortunate precedent would be set if Mr. Lamborn were allowed to proceed with his plans without the chance for review by the proper State Conservation authorities. In fact, it is for Mr. Lamborn's own protection, lest he be found in violation of existing State Laws. Therefore, we recommend without hesitation that he submit his plans to the New York State Dept. of Environmental Conservation, as well as to the Town of Southold, for their evaluation. In lieuof our appearance, kindIy read this letter into the minutes of any hearing or meeting scheduled for September 25th, 1986, in/re the matter of Mr. Lamborn's permit application. For the Board of Directors, John H. Thatcher, Jr., President, Fishers Island Conservancy, Inc. TRUSTEE SMITH: Thank you. We have other letters from people on Fishers Island that will be put into the official record of this project. Does anyone else have any comments they wish to make against this project? George D. F. Lamborn Page 6 - Public Hearing - October 30, 1986 JOHNATHAN KIBBE: I am a lawyer with a Law Firm of Grais and Richards at 140 Broadway, New York. I represent here tonight the Fishers Island Conservancy. ~ra%s and Richards has been retained to represent them in the application of Mr. Lamborn. As you know, the Conservancy is a not for profit organization dedicated to the preservation of the natural resources of Fishers Island. As you have stated so far this evening, by application no. 385, Mr. Lamborn seeks permission to pump water from a Town owned wetland to an artificial constructed pond on his property for reasons which have been developed in the correspondence that has been received today. The Conservancy respectfully requests that Mr. Lamborn's application be denied at this time. Mr. Lamborn is a respected member of the Fishers Island Community. However, we feel that in light of the precedent that could be set by decision, permitting this to go forward, that the application should be denied. As the many letters have pointed out here tonight, there is quite a bit of confusion regarding the nature of the project, and the long term affects of the project. Previous testimony here on the September 25th meeting indicated from anecdotal evidence that dogs have drunk water from the wetland. I know that there has been some salinity tests conducted by the Trustees, which have raised anomalous results. The sentiment on Fishers Island, as far as the evidence of the motion of October llth, long after the summer season had ended, of concerned people, of over 150 people, that this type of request be given the highest consideration by the Town Trustees. The numerous surveys that have been conducted by the Civic Association regarding the priorities of the people on Fishers Island indicate, t think, that this is a matter of great concern. It seems like a small project it seems like a minor project. Fishers Island itself is 3,000 acres. There are 500 homes on Fishers Island, 70% are seasonal, 300 people or less live all year round. In the summer the population swells to 3,000. This is a unique case and these wetlands have a unique significant local importance. We respectfully request that the utmost care and concern and detail study be provided with respect to this project. We don't think that because it is a small project it should be given a cursory review. A large project, and a large review will answer questions, and Mr. Malinowski pointed out in is lette~ the last detailed study of the geology of Fishers Island was done in 1905. It pointed out that the acquifer on Fishers Island may be separate and not continuous. These are very basic questions which have not begun to he answered yet. Your assistance, and the assistance of the Town in helping us to get the answers to these questions will help Fishers Island plan for its growth and the future and that we may proceed on a more comfortable level, secure in the knowledge that what we are doing today will not have a long term negative impact on the very fragile and unique environment of Fishers Island. TRUSTEE HENRY P. SMITH: Does anyone else have anything to say about this application? STEVE LATSON: Steve Latson, Southold Town Baymen's Association. Last week- end I had the privilege to be out on Fishers Island to help transplant some scallops on the North West Harbor, which was very successful by the way George D. F. Lamborn Page 7 - Public Hearing - October 30, 1986 and we took a look at the Lamborn project. The first thing that you notice is that this man dug a hole on your town road, cut a town fence and has pipes and electric wire running down to a town wetland. This seems pretty strange. I don't think that this has been addressed first of all. I think that everything else has been addressed by the letters. I would say on personal observation that the lower pond is beautiful. At this poimt of time I would say it is 8 to 10" below its full capacity. I would suggest the real issue here, I think is that Mr. Lamborn should look for another source of water. There are many routes to go. He could develop a cistern on the property, he has quite a few acres. In Europe they do this regularly. I really think that this is an answer to this project. Our Association is totally opposed to pumping out this lower pond. It is pristine. Any question of damaging is out of the question. Thank you. HENRY P. SMITH: Does anyone else have anything to say against this application? (no comment) Does anyone have anything to say in favor of this application? RAY EDWARDS: My name is Ray Edwards. I also want to put into the record alluding to Mr. Burnham's comment in there that I misrepresented my constituents on the Island by favoring this project. I would like to put into the record that I am not representing my constituents on the Island, that I am representing Mr. Lambor~. Also, I have another letter in here, that I would like to read into the record. It is from Henry L. Ferguson, III who is the past President of the Civic Association and he is the gentleman that put the motion forward on the floor to that disasterous vote that should have not have been there, because it was not a public hearing. I would like permission to read this into the record please? TRUSTEE SMITH: Nodded yes. RAY EDWARDS: October 17, 1986, Mr. George Lamborn, Senior Vice President of 1 New York Plaza, New York, New York. Dear George: At the Civic Association Meeting last Saturday of which I am no longer an Officer or Director there was some discussion about your application for a permit to pump water from one pond across the street into a wetland on your property. In order to get a sense as to how those present felt about the precedent I offered a motion that there be a vote as to whether those present approved the precedent of permitting the pumping of town owned pond onto private property. Obviously I had no idea how those present felt other then those that made comments. HOwever, in light of one persons subsequent remark to me I have had some second thoughts about the motion. While I continue to see benefits from getting a sense of how those present felt in hindsight Ifeel that the motion could have been viewed as something on which it was difficult to vote yes. I think that it is important that the process be fair. I want to apologize If I had made the motion less spontaneously I might have phrased it differently. Harry Ferguson, past President of the Fishers Island Civic Associatio~ I can honestly say that I have been associated with this pond all 60 years of my life. I have skated on it. I have eeled on it, I have fished on it and I have enjoyed it~ I walk the beach to the island at least once a week. That is more then I can say for alot of the people that wrote the letters. I am a conservationist, but my blinders are out. I do not look down a narrow tunnel. Ail I can say is that I approve of this project, I would like to see it. As Councilman Kibbe said maybe it could be monitored. Maybe we could see how much water is in there? Fishers Island wants to do a hydrology study, maybe this George D. F. Lamborn Page 8 - Public Hearing - October 30, 1986 could be part of it. I just hope that the Board of Trustees also have open blinders when they make a decision on this project. Thank you. TRUSTEE HENRY P. SMITH: Does anyone else have anything to say on this application? JOHN KIBBE: To correct the record, I didn't mean to suggest that we should do a project, to monitor the project as it goes along. I meant that we should have a study before the project gets started. I may have been unclear from Mr. Edwards remarks appear on the subject. Thank you. TRUSTEE HENRY P. SMITH: Does anyone else have anything to say on this application? GEORGE D. F. LAMBORN: I am George Lamborn and I would like to give you these pictures to look at as the evidence. Those pictures are of the area that I have (tape unaudible). I would like to read into the record a statement. First of all I would like to thank the Trustees for their time and effort you put into this little project. I am sorry that it got a bit out of hand. I apologize for the unnecessary flack that you have been the recipients of from some ignorant people who probably mean well but would not take the trouble to do even the most basic investigation. I know that you have a long agenda tonight so I will try to be brief. My purpose of coming directly from Chicago today, to attend this meeting is only out of respect of the efforts of you Trustees having (unaudible) of Fishers Island. I will cover these three subjects: First I will correct the facts and inaccuracies in your records. 2) I will discuss Judge Edwards and 3) I will explain my request for Conservation. First let me explain the most important inaccuracy. There were derogatory statements made by Mr. Steve Latson, Secretary of the Southold Town Baymen's Association. Mr. Latson made these statements at the request of Mr. Steve Malinowski of Fishers Island. At the time he made those remarks to you, and these were not remarks he made tonight, he had never seen the project. Mr. Malinowski never discussed his thoughts with me. I finally did talk to him recently and I told him, you know if I wanted to investigate him if he had permits for clams or whether or not he is commercially claming on residential property, I will talk to him first, before I'll make a complaint to you. I want to go on the record and read some quotes from excerptsfrom your September 25th meeting..Mr. Bredemeyer, I guess I really don't see the significance of it because the pond is already subject to a mertain degree salt Water intrusion through that barrier, its tidal events. Looking down the road the applicant has created a wetland habitat. Trustee Krupski: He has enlarged a wetland habitat. Trustee Larsen: He has actually destroyed a wetland habitat. He went in and dug it out, lined it with bentonite now he can't maintain his water level. It was a wetland that was fine on his property, now he has changed it. The statement made by Mrs. Larsen was factually incorrect. Although I think Mrs. Larsen also received her information from Mr. Malinowski, and Mr. Malinowski may have thought it was accurate. In fact the statements on the record are factually incorrect, malicious, damaging and libelous. Let me give you some history and describe what was incorrectly called a wetland, a swamp and a pond prior to 1984. Sometime during the First World War a road was constructed. This is called Beach Front Houses. The road was terraced from a hill where my house is and runs straight down Mosquito Hollow. After this road was built it had some weak spots, called sink holes. In order to fill them up, they excavated on my property and created some excavation holes, four of them, about the size of one pick up truck. At the site of my present pond, one of these man made excavation George D. F. Lamborn Page 9 - Public Hearing - October 30, 1986 holes it was made for the road fill, as I said about the size of a large pick- up. That was not a swamp, therefore it was not a pond it was not a wetland. In 1984 I enlarged this little hole, I might point out in September 1981, July 1982, July 1983 this hole was bone dry. It only retained water for a few days after a heavy rain storm. In 1984 I dug it into a pond, I added bentonite and in 1985 I enlarged it because it was basically to small, it wasn't deep enough the water got hot and the water got stagnant. I want to repeat again it was never a wetland habitat until I made one. Therefore, Mrs. Larsen your information which I believe came from Mr. Malinowski is factually incorrect and my statement correctS that inaccuracy. I am sorry, Trustee Larsen, that I have to single you out, I am sorry that you were given inaccurate information but you must understand that I am a strong believer in Conservation and my reputation is being soiled by your statements on the record. I did not destroy any part of the wetland or the environment. Please except my apology for having to make that statement. Years from now I want my record clean. Now, regarding Judge Edwards. There has been an implication that Judge Edwards is on my payroll. And thats why he has been for this. I think this is an absolute disgrace. I went to the Judge because he is a resident of Fishers Island and I asked his opinion when I got into this pond. I asked his advice. He is not on a retainer of mine, and never has been. I have no commercial business with Judge Edwards. He felt my project was good for Fishers Island. It is repulsive to me that some members of the Civic Association tried to~'make a dirty political issue of this because he made comments that were in support of my helping improve the environment and obviously beautifying our Island as you can from the pictures I took last Saturday and I have logged with you. Now I will get to the reason fore.the reqq~st to pump from Mosquito Hollow. First of all my study of Mosquito Hollow is to keep a constant level. There's natural springs, the springs raise the level, the level reduces when the tide is low and the water runs into the ocean. Now the tests that you refer to in one of your statements from the salinities were made after the hurricane. I was there durlmg ~he hurricane. Alot of water came over the barrier. Alot of water was blown in and that is where the salt water got into my pond. Not from .... UM .... Thats obvious. I have two wells. I can pump all of the water I want. So it is a matter of kilowatts to me. Your decision as far as I'm concerned is, we go along with Lamborn's interest as a Conservationist to save well water in the aquifer and use what is going into the ocean as waste? Or do we listen to a bunch of uninformed people, that would be better served worrying about building, ridiculous school costs, lack of fire barriers on the Island, Airport procedures, Connecticut piracy of our lobsters, infestation of Japanese,.Beetles, gypsy moth's convoy. I spent my first summer on Fishers Island commencing in 1935. I have made an investment for my family to continue to live there. And I have not monkeyed with the environment. I am fed up with the criticism the Trustees and I have received in this issue. I have tried to give this group a good example of Conservation and respect to the land to follow. Now it is your decision to make. Waste my well water, or save the waste water? Obviously I will monitor personally any situation in regard to Mosquito Hollow on my newly created pond. Thank you very much for your time. TRUSTEE HENRY P. SMITH: Thank you. Does anyone else have any further comments? STEVE LATSON: Steve Latson, Southold Town Baymen's Association. Steve Malinowski never directed me to say anything. I got some information from him and from other people. I would like to know what the derogatory remarks I made about Mr. Lamborn George D. F. Lamborn Page 10 - Public Hearing - October 30, 1986 are? GEORGE LAMBORN: You made a derogatory remark about it, it's safe to say, about the pond, being against it at the meeting not the last one, the one before that. You were asked after that meeting where you got your information and why you made those remarks? You said that you got them from Steve Malinowski. Now, I would not have any objection to you making any of those remarks if you asked me, no, I didn't object to you when you just walked up on my property last Sunday, just boldly, on private porperty .to look at the geese feeding there. I didn't throw you off. I think that you might have said are you Mr. Lamborn I'm looking around and I don't like the project. But you didn't have the courtesy you walked up as bold as can be right on my property. I was kind of amazed. STEVE LATSON: I would like to redefine what we did. We walked up the enbankment of the road. W~ never walked on his property. We never got down to the pond. We were never more then 5 feet from the roadway and I'm sure the right of way there is at least 30 or 40 ft.? At the time he brought down a can of a couple of gallons of corn and threw it into the pond. So of course the geese like that idea. I think you should look for your own source of water and not take it from this wetland. That is the zeal issue here. This whole thing could have been avoided if you haven't already trespassed on public land and put a pipe in just off a public road cut a public fence. GEORGE LAMBORN: I didn't do that without permission. TRUSTEE HENRY P. SMITH: Please speak one at a time. STEVE LATSON: A couple of more points I would like to make on the two ponds. Potentially, Mr. Lamborn's pond could be very nice, but not at the expense of the public water. The public pond is very beautiful now. It is very clear water. Mr. Lamborns pond is very chalky in color, I saw no chalkyness in the water from the lower pond which indicates thBt [there is no connection between the two. There are alot of natural grasses growing in the lower pond. It's unbelievable I could go on and on with the thing. TRUSTEE HENRY P. SMITH: Thank you. Mr. Lamborn would you like to make a comment on this? MR. LAMBORN: I'm not obviously going to make to much on this issue. He was 5 ft. off the road, on my property. The other thing you have in the file the letters of permission I recieved to go under the road and put the pipes there and do all the things I did. New, if you really wanted to go into this I think you would of looked at the file and he would of read it and maybe he would have called me and asked what I was doing? I would of have been happy. TRUSTEE BREDEMEYER: If I might ask a question? Looking down the road again if this Board were to grant you a permit at some ~me in the future based on drawing surface water which is over town owned land, would you be willing to not unreasonably deny residents from the use of that pond for various r%asons of fishing, bird watching or enjoyment? GEORGE LAMBORN: No, I have never denied anyone~our p=operty there. I am lucky enough to have eight acres. People walk through it, look at it. When I bought that property it was impenetrable. It had locust trees with vines all over it. George D. F. Lamborn Page 11 - October 30, 1986 I cleared it. I beautified it. I have never kept anyone off of my property I have no intention of doing that. Maybe I should not say that[ Maybe I'm developing that! No, obviously I did not put that pond there to look at and no one else. TRUSTEE BREDEMEYER: Another question Mr. Lamborn. Conceivably proper monitoring would require a cost which could be greater then that that you would have to use in drawing water from your existing wells or t° develop a new well. At this point are you able to share with us the fact, that as a matter of principle you would perfer to be part of an expensive s~udy, either environmental for an approval or as part of a working permit that puts you under a performance standard to if you will in other words to establish that there is not going to be a problem. And that this cost may far exceed the cost of using the existing supplies. There seems that there is such overwhelming sentiment now that there seems to be incongruous because we hear that they want to do water studies over there to protect their drinking water aquifem and at the same time they seem not to like your project. What I'm saying i% it is going to cost more money for you possibly to just handle routine monitoring under a permit then drafting from your existing water supply. GEORGE LAMBORN: It is easy for you to deny th:e thing then to tell me ~o pump out of my well. I made this application because I thought that in the interest of Conservation it was really ridiculous to waste well water that I have. I am sorry that this is in your lap. I will be happy to monitor the level of Mosquito Hollow. It will be very easy for me to do that. I will do that accurately, I am sure not to do anything to ruin that. I live there. I have spent a ton of money there. I have put in more money into that Island then anyone else, being a new resident, in a long time. I am not going to spend alot more money. I have no intention to doing anything that will hurt. :Yon have the letters from me Henry, that say that. And if someone will step forward and say "This is it" instead of all of this conjecture. You have to make the decision. Just say "Pump it out of the well" I'll pump it out of the well. TRUSTEE BREDEMEYER: I'm thinking of the practical terms. The salinity tests through a private independent lab may cost you $30.00 to $50.00 a pop. This Board, anything we would do I can't see any .responsible person with experience not recommending at least a few samples from the upper and lower ponds. But you do that kind of testing over a very short period of time and the cost to you far exceeds the cost of developing the well or pumping from your existing water system. GEORGE D. F. LAMBORN: If pumping from Mosquito Hollow is going to do anything to the environment I would like to be the first one to know about it. Ail these people in the interest of conservation really don't know what they are talking about. Ail you have to do is walk there and see all of the water pouring back into the ocean every day. This is ridiculous. TRUSTEE KRUPSKI: Maybe it would be in the best interest of everyone to hnve some detailed study done on this in the form of a Draft Environmental Impact Statement so that we all would have the information. Then we could make a good decision on this. TRUSTEE LARSEN: Ail questions would be answered prior to giving permission for George D. F. Lamborn Page 12 - October 30, 1986 pumping. If you go ahead, and we allowed you to pump now, you may be stopped from pumping a month from now. Because of intrusion of salt water, accretion of fresh water supply from the top of the pond. Sudden drops in the level of the existing pond. One of your comments were that you were a resident of Fishers Island since 1981, I believe and stated that you have never seen a significant drop in the level of the pond. Well, I'm not~a resident of Fishers Island and I made a trip to Fishers Island, in May with Al, and the level of the pond all of the freshwater ponds on Fishers Island were extremely higher in the Spring then they were on the visit I made to Fishers Island this weekend. I witnessed the bench marks around the rocks on the lower'pond and they are substantially lower then they were in the Spring. With only myself looking at that pond two times in my life I was able to ascertain also a phototypography to show the level of the pond does not stay the same all of the time. Now, your initial application stated that you wanted to pump the pond three to four times a year. But your letter of July 24th, you state that you want to pump the pond 6 to 8 times a year. So I have no idea, as a Trustee sitting here how many times you intend to pump that pond and two to what volume the pond will be pumped and three who'will draw the line as to when the pond is to tow to pump or when it is to high? Or will a low pond being pumped ever be able tO replenish itself to its normal level because of the pumping? These are simpl~ questions as far as monitoring goes~ that could never be worked out unless extensive studies are done by professionals better then the people on the Board sitting here can ascertain. TRUSTEE BREDEMEYER: I wouldn't start getting a feel on the experience of this Board and water. Henry is a licensed plumher, you have someone involved in agriculture who drafts water regularly and my job has me doing a little bit with water also. so. TRUSTEE LARSEN: Also, in your comments, uh, referring that you had all of the prior permissions to go down and cut throughl the fence and to put the pump in you said check the record and read the record and investigate the file you would have seen that I had everything I needed Locally before I went into the pond, but in the October llth Fishers IslaNd Civic Association minutes, that we have a copy of, ~hip Dupont says the Ferry District gave Mr. Lamborn permission after the fact. The District had no prior knowledge that a pipe was put under the road. The road is not a town road, even though the town maintains it. We had no objection since it appeared that there.would be no environmental impact. The pond is tidal so the water is augmented by sea water. GEORGE D. F. LAMBORN: The permission that we had gotten was from the people who maintained the roads. TRUSTEE HENRY P. SMITH: I think you got that from the Highway Dept.? MR. GEORGE D. F. LAMBORN: The Righway Dept. or whatever it is? TRpSTEE GOUBEAUD: That was after the fact. GEORGE D. F. L~MBORN: No that was before the fact. Af~ter that was done, someone said that we needed permission from the Ferry District as well to go under the road. Well I didn't know that I needed permission. Neither did the Ferry District know at that point that I needed permission to go under the road. George D. F. Lamborn Page 13 - October 30, 1986 I got permission from the people that I thought were the right people to get permission to go under the road, so. I d6n't want to make an issue of that. I have looked at Mosquito Hollow and I~haven~t seen the changes in the levels of the pond, Mrs. Larsen, that you indicated you have seen. TRUSTEE HENRY P. SMITH: I think that is probably a seasonal rise and fall of the pond. It happens around here all of the time. GEORGE D.F. LAMBORN: I started my statement by apologizing for putting yon all through this. Ail I did was in the interest of Conservation. The thing has gotten out of hand. I'm not trying to get you peopls into a pickle because you have some people out there making some static, and probably don't know what they are talking about. Whatever y~ur decision is I'll live by that decision. I will know in my conscience I made the right application, that's the only reason I did it. TRUSTEE HENRY P. SMITH: Thank you. Does anyone.else have anything to say on this application? MR. MICHAEL HALL, ATTORNEY: My name is Michael Hall and I am here tonight on behalf of Mr. Lamborn. I will be real quick as it seems that everything that needs to be said, has been said. Trustee Bredemeyers question a few minutes ago was the first lime that I have heard any positive comments tonight. That there is a new wetland created or a new wildlife environment created. This is a positive thing. Alot of people in their letters oppose this application and I agree with your initial concerns. The concerns about the precedent concerns, you let one person do it, you have tO let everyone do it. If you let one person do it under very narrow guidelines very specific performance standards, and then if someone wants to do it nnder the sam~ guidelines and performance standards he might be able to create another positive thing. There could possibly be another recreational' area created. Over the long run, I just want the Board to be aware of "You have a hot potato in your hands". And that's acknowledged, but it has as~many positive aspects I think as negative. Thank you. TRUSTEE HENRY P. SMITE: 0ae thing I would like'to say is that we have been loosing wetlands pretty regularly right along. This might be an opportunity to gain some- thing. JOHN KIBBE: I would like to make a few comments to Mr. Halls remarks, and to Mr. Smith following up on your remarks. New wetlands are not created by pumping water into the bentonite lined clay pit. You can always have ducks and geese landing on water. You creat~e ~ wetland with a vital mass. A A real wetland is not created over night. Wetlands generally do have mosquitos there. I have never heard the word MOsquito Hollow other than at this hearing. The correct name for the wetlands is South BeaCh Road wetlands. It is on the Parade Grounds. The precedent value that we are trying to establish here tonight is not whether or not Mr. Lamborn can go ahead witbh~s project. It is what degree of testing and scrutiny will be applied prior to jllowing Mr. Lamborn to go forward with his project. I think this meeting demonstrates why the Trustees perform such an important function. We are tyring to raise this from a personal dispute, a heated "Hot potato", as Mr. Hall commented, tU an objective factual criteria. The Conservancy and all people on Fishers Island can be persuaded. They are George D. F. Lamborn Page 14 - October 30, 1986 rational people, they can be persuaded by facts put together. Facts that do not have holes in them. Facts that take into account seasonal variations over a long period of time. These are rational people Who are extremely knowledgeable contrary to Mr. Lamborn's assertions on Conservancy issues on land that they love and land that they want to continue to ma~intain. % think the real precedent here tonight is not this project, whether it goes forward or not, the real precedent is what standards the Trustees will make people live up to before they start playing with wetlands which exist. TRUSTEE HENRY P. SMITH: Thank you. Does anyone else have any further comment on this application? No comment from the audience. Then I will close this public hearing in the matter of George D. F. Lamborn, For the record there are several letters which were submitted and entered into the file which have become part of the public hearing. (see attached copies of same.) Hearing closed at 8:36 P.M. Submitted by Ile~e~Pfifferli~ The Iqshers Island Civic As~oclat:ion, Inc. I:ISFII:R$ ISLAND, NI~/ yORK 06390 October 25, 1986 Mr. Henry Smith, Chairman Southold Town Board of Trustees 53059 Main Road Southold, NY 11971 Dear Henry: I realize you and two of your associates, Mr. Goubeaud and Mr. Bredemeyer attended our Fishers Islan~ Civic Association Meeting on October 11. I am sure that you got a sense of how concerned everyone is on the Island about the enviroument. Specifically, the difficulty Ray Edwards got himself into on the Lamborn situatiQn should be related to all of your other trustees. I am attaching the relevant part of the minutes and I will forward a copy to all of your fellow trustees. I regret that Judge Edwards apparently misread the feelings of his constituents and it is fortunate that you~were at the meeting on the eleventh. Please make a point of joining us again at our January 31, 1987 meeting. I hope that we will also have several members of the Town Council here at that time to hear the early outline of the Fishers Island Growth Plan. Many thanks for joining us on October 11, and we look forward to see ysu again. Sincerely, Brad Burnham President, FICA CC: John M. Bredemeyer, III Phillip J. Goubeaud Albert J. Krupski, Jr. Ellen M. Larsen Eileen Pfifferling, Sect. The Henry L, Ferguson'Museurn Fishers Island, New York 06390 28 October 1986 Board of Town Trustees Town of Southold Town Hall 53095 Main Road P.O. Bex 728 Southold~ New York 11971 Dear Sirs: This letter is in reference to a permit application submitted for purposes of pumping water from a natural pond into a ~rivate pond. It was submitted by a resident of Fishers Island~ In recent years~ a Land Trust was formed by the Henry L. Ferguson Museum on Fishers Island for the primary purpose of prot.ecting ecologically sensitive areas. The members of the Museum Board were genuinely concerned by the accelerating rate of development on the Island~ accompanied by destruction of wildlife habitat, and wanted to insure that as much of the environmental integrity and diversity of the Island as is possible is preserved. Included in this category~ quite obviously, are the Island's ponds and wetlands. We therefore feel that~ a~'a matter of policy~the withdrawal of water from a natural wetland area for private purposes should be discouraged. We hope that the Board of Town Trustees will support this view in this instance~ at least until a thorough and scientific evaluation of the site(s) in question has been made. Thank you for your consYderation on this matter. Sinoerely~ Charles B. Ferguson President CBF:ftp C~d* C Otc .~'Z. ~ SECU TES INC, July 24, 1986 The Board of Town Trustees Southold Town Hall 53095 Main Road Southold, New York 11971 Gentlemen: I have received a copy of the minutes from the discussion that took place on May 29th regarding my wetland application. I have attached a marked ~p copy of these minutes. With regard to Trustee Larsen's opening comment, it is true that my pond has become a natural wildlife habitat. This year two families of mallards chose the pond to breed and mature in. It also has . a population of about 20 large mouthed bass and a collection of turtles~ two families of muskrats, and constant visits of geese and ducks. With regard to Trustee Krupski's comments. I did add bentonite to the soil, but in enlarging the pond I distributed that throughout the pond and might have to ~add more bentonite. The fact is the bentonite worked very well and covered the bottom of the pond. It was applied during the time when the pond was frozen. When the ice melted the bentonite sifted into the water and was evenly spread across the bottom. With regard to the easement, it was designed_only to hold ~the sides and not really to act as a guard for water seepage out of the pond. It does, however~ prevent some water seeping from the sandy side of the pond on the southwestern corner. With regard to completely filling the pond thr~e or four times a year that will not be necessary. The pond would only be filled a few inches at a time and probably a maximum of six to eight times a year. The Side of the pond is lined with plastic. The plastic does not look like bentonite. The next comment by Trustee Krupski with regard to the sand barrier. The sand barrier is actually~ ~:ne hundred feet wide and water '~oes not seep from the ocean into the pond. To the contrary, fresh water is constantly seePing out of the pond into the ocean, which is why any Water that I would pump would have been lost to the ocean in any event. Comment by Trustee Bredemeyer. There would be virtually no evidence that would show I had depleted any water out of the lower pond. The lower pond has a surface approximately 70 times my surface, and as I said, I wish only to pump a few inches at a time to maintain a level in my pond (that is a few inches in my pond). The amount from below would probably not be measurable. Trustee Krupski mentions he wants to fill a pond which is empty. This is not the case, the pond is virtually full and it only needs to have the level raised about 8 inches. There has been no water pumped since April. - With regard to Trustee Smith's comment about letting me experiment for a year and Trustee Krupski, "who is going to monitor it?" I would suggest that you trust me not to be excessive and to allow me to monitor. Obviously I would not have built this pond if I were ihterested in spoiling the environment. Again, it is important to know that fresh water seeps out the lower pond into the ocean every day. Trustee Larsen makes th~ comment that if there is a drought the only way "he" could maintain the water level would be to draw from the lower pond. This is not the case. I have two very good wells and could pump water from them. In my opinion, however, it is far better for the environment to draw water which is being "wasted" rather than deplete a good well that we do not know where its sources are. During the draught this year the pond went down about a foot and then filled about 4 inches when it rained 2 weeks ago. Trustee Bredemeyer comments that I did hit some clay. The fact is I did hit a fair amount of clay and it seems only one area has some sandy soil which is where the water seepage takes place. Again I note ~hat the Trustee Bredemeyer says a good well would stabilize the water level. My experience in the past has been never to use a well unless absolutely necessary. I do not see the necessity in using good well water when a surplus of water exists so near to me and water that is b~ing wasted. Further, any seepage from my pond would return to the lower pond. Trustee Smith says that I would put the "burden on the applicant. "Rest assured that I will not abuse any permission that you give me and will monitor the situation properly. Trustee Goubeaud notes that I am going to be draining off salt water. , I am not going to be draining salt water. Also, Trustee, please"be aware of the fact that the "Mosquito Hollow" pond has never been lower or higher than the basic level that it is now. I have monitored that level for the past few years when we have had droughts. Earlier this Spring during our drought my pond dropped approximately one foot before we had good rains. The lower pond did not drop at all and again proves the continual spring action that takes place there that causes the water to overflow out to the ocean. I note from Trustee Smith that you may draft a letter. Perhaps this letter will answer your questions. Trustee Bredemeyer suggests that with the dry spell we are having maybe "he" will have time to reseal the bottom of "his" pond. The fact is that I could put more bentonite into the pond this winter, but the pond has about four to five feet of water in it now and will not drain itself. ' When I cleared the laBd in front of our house - approximately five acres I did it in such a way that all water drains into the pond. This helps maintain the level of the pond very well. During the worst drought we have had since the pond has been in (that is four years) the level has never dropped to a level where the bottom showed. In very heavy rains the run off goes ~ight into the pond and quickly raises the level. I regret the fact that in my application there sesmed to have been some confusion. ~I thought all of the letters that I have sent were quite clear and explained the environmental questions and my request . I apo 1 igize for any comfusion . Gentlemen, again I say all the water I want to use out of the pond would he surplus water from that pond that is going to go into the ocean anyway. I appreciate your attention and your help in this regard. Please rest assured that I am only interested in improving the environment and having more wildlife on my property. Sincerely yours, George D. F. Lamborn Senior Vice President Manager of Futures cc: Henry P. Smith Presidant John M. Bredemeyer Vice President Phillip J. Goubeaud Albert Krupski, Jr. Ellen M. l,arsen ONENEWYORI(PLAZA, NEWYORK, NEWYORK ~0004 (2~2) 482~7276 GEORGE D,F, LAMBORN SENIOR VICE PRESIDENT and MANAGER OF FUTURES April 1, 1986 Board of Town Trustees Town of Southold 'l'own Hall S3095 Main Road P,O. Box 728 Southold, New York 11971 To Whom It May Concern: In 1981 I purchased property on Fishers Island and spent the next two years clearing out vines and rebuzldlng a house which was desperately in need of repairs. As near as I can figure out, during World War II certain land was excavated from what is now my property to build a high spot for ~a road along the shore. The indentation that was left on my property occasionally would w{ll up with ~ater during the wet season and create a n~ce place, for mosquitos to breed. By the end of July it Mas completely dried out. ~ excavated this into a pond in 1983. The pond level held until ~what I think wereJ muskrats burrowed into the hill and caused some drainage. I added 5 tons of bentonite which helped seal the pond. In the fail of 1985 I excavated the pond further spreading the bentonite around and deepening it. I also put a lzner around the edges to help hold the water. This pond has brought in a lot of wildlife, and we have had two families of mallards each year. T~is past winter the water level fell and I decided that in order to maintain a reasonable water level I would need to get permission from the town to go under the road with a pipe and occasionally pump (Continued...) Board of Town Trustees April 1, 1986 Page Two water from the fresh wate~ spring pond below me known as Mosquito Hollow. The water level in Mosquito Hollow seems to maintain a very constant level, which indicates that it is filled by natural springs and seeps out through the sandbar to the ocean when the water level gets too high. My request is to have permission to pump water from this pond occasionally to fill my pond. My pond is above Mosquito Hollow and any seepage would return to the source, that is, Mosquito Hollow. If you have any questions regarding the pond, I would be more than happy to answer. Thank you for your kind.~co~r~£deration. Sincerely yours , ~.~/~[ Richard A. Howard 446 , Beach Ave, Fishers Island, New York 06390 Mar~h 9, 1986 Town Board of Southo~d~ New Yerko Superwisc~. Nfo F~an¢is J,, L~.rphy ~3095 ~u St, Son%hold, New Y~rk 2c1971 Dea~ Sirs T am writ~ the board ~s a property owner om Fishers Island, N.Yo since 1969~ O~r cottage is situated on Beach Ave. opposite Ferry Distric~ property, extending to the sound on Somth beach. This land is protected by a6 foot chain fence~ Th~ Property includes a large pond and wd"-M~ee habi%a%~ delsignated asWet ~_~nd~ Thin Ferry Difltri~t Property, ham been wtolated by a Mr~ Oeroge DeF. ~mbo~n~ thru a lc,al oon~racter~ Mr. Lambern~s property i~ located on Ooean View Ave.~ adjoining cmr property to the north. Mr~ Lamborn has for some time been to maintain a sm.~l man made pond on his property, Las+. year a well was dug, with a permanen% well head along Beach Aw~ This wel~ has no~ been suffleent to keep his pond filled. Last week on March 8 , 1986 I found the town road had been trenched and patChed, opposite Mr° Lamborn,s ~ell head.:Ex~ending from ~ trench is a 3 inch ~n~ergronnd water pip~ and undergrouhd Ehree lead electric w/re. The feA-A~y Distric~ cha!ul f~ce had been cu~, allo~in~ this pipe and electrio ~-Ere thru a~d placed underground to the Wet Lands pOnd~ The pipe.and wire extend into the pond and connect with f~oa$ war ~er pump measuring three fees square of wood construction, I think it oan he concluded that Mr. Lamborn intends t~ pump this pond back to the well ~ head at the road and int5 his pcudo IS is ,m¢ortuna~e ~hat a very few Fishers Island residents such as ~ La,horn disregard and violate the law~ f~ their o~ purposes° ~ h~ve contacted Mr Reynolds I~aPont J~. and ~r Raymond Doyen~ of the Ferry District ~ as to any prior permission given to Mro ~LamhOrno There was none. ~ trust the board Will investigate this matter~ and take apPropriate action as soon as possible. ~'~chard A, How~r~ FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined .......... .?.~/...,19 .~.~ ~//~.~/, 19 .~. Permit No /~o~ ~ Approved ............ ~. .............. Disapproved a/c ....... ~ ........................ (Building Inspector) APPLICATION FOR BUILDING PERMIT Application No...~ .°? ?..~...t~.. .... Date INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work, e. No building shall be occupied or used in whole or in part for any purpose whatever m~til a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary instructions. (Signature of applicant, or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ...... ....................................................... ........................................... Name of owner of premises .......... 0~' ' ' (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corpora~ officer) Builder's License No .......................... Plumber's License No..~...~..~. Y..~.....~.~.~'.~. · Electrician's License No.. ~.. ?.~..-ff.~."..~.~.~. · Other Trade's License No ...................... 1. Location of land on which proposed work will be done .................................................. ......................... .......... ..... House Number Street Hamlet County Tax Map No. 1000 Section ~..~. ~//..~..~. ....... Block ......... · .... ~.'..,. Lot ................... Subdivision ..................................... Filed Ma No. . .: ............ Lot ............... (Name) - 2. State existing use and occupancy of premises and intended use and °ccupancy °f pr0p°sed c°nstructi°n: a. Existing use and occupancy ...~..~.~./',~-4g~..~..~. .................................................. b. Intenaed ~se and occupancy .~-'-~../.~. · .~'J~. · .~..O. ............................................... ;,k'~ 10. 11. 12. 13. 14. Nature of work (check which applicable): New Building .......... Addition .......... Alteration .......... Repair .............. RemOval .............. Demolition .............. Other Wo rkO. ~..o~Y'~.~ .~...~-.~dg2~ . .~./..~.. ~. (Description) Estimated Cost.. . ~0.4~.,.i ~ 0 ...................... Fee . .t?. ........................... (to be paid on filing this application) If dwelling, number of dwelling ~nits ............... Number of dwelling units on each floor ................ If garage, number of cars ..... i ................................................................... If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... Bimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. pepth .................... i. · Height ...................... Number of Stories ...................... Dimensions of entire new constrUction: Front ............... Rear ............... Depth ............... Height ............... Number of Stories ........................................................ Size of lot: Front ...........i ........... Rear ...................... Depth ...................... Date of Purchase ........... i .................. Name of Former Owner ............................. Zone or use district in which premises are situated ..................................................... r)oes proposed construction violate any zoning law, ordinance or regulation: ................................ Will lot be regraded ......... ! ....... ~i .......... Will excess fill be remo, ved,from premises: Yes _ No Name of Owner of premises ~q~te~v~-... &~°~. Address ~./~"d'.~.. ,-~n,/,~L-~a..... Phone No. ~.~. ¢.-.~.~.,~...~.... Name of Architect .... /~ H,~ ._ ................ Address .... , ................ Phone No ................ Name of Contractor .~. ' '~.,~...I"-~N~-..~' .... Address .~Z-~'~',~e-~7.* ..~t/'~ Ph one $ o. :2.N~...':~ ~¥~:?. .... PLOT DIAGRAM Locate clearly and distinctly allI buildings, whether existing or proposed, and, indicate all set-back dimensions from property lines. Give street and block ?umber or description according to deed, and show street names and indicate whether interior or corner lot. ' STATE OF'NEW Y~ORK~ ~ ~ /.~ !S S COUNTY OF...~ i ' · ..~P/_~"-~ ~ .~..~..,f~. ~ ~ ............... being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. 1 He is the..:..~..t~.~.~..~.. ................................................................. I (Contractor, agent, corporate officer, etc.) of said owner or owners, and is du!y authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworu to before me this Qualified i,! 5ultolk Co.u~m¥~'~ (Signature of applicant) f