HomeMy WebLinkAbout#7992 9450 Main Bayview LLC - letter RECEIVED
Dr. Ron Abrams, 02022, Dru Associates, Inc.
JUL 0 9 2025
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RE: 9450 Main Bayview Road, Southold,NY ZONING BOARD OF APPEALS
Report on Variance Application Appeal No. 7992 Marra
Jan 24, 2022
Updated: June 19, 2025
1. More than 3/4 of the lot is wetland, and the remaining area sits in buffer areas with a very high
water table...this lot is not buildable and should be bought by either the State or Town as
conservation open space. In the Variance Application it is acknowledged that the entire lot is
encumbered by wetlands, and this results in an unreasonable development plan.The plan allows for
ZERO required setbacks because it is unbuildable. Perhaps when the lots in this area were first
subdivided, there were more non-wetland areas, but sea level rise has influence this area
significantly.
2. The 2021 Survey shows that the freshwater wetland has shrunk since 2005.While I recognize
that every field expert sees a wetland slightly different, at this site, in my professional judgement,
this is not possible because this site's groundwater is connected to tidal action, and since 2005 sea
level has risen on Long Island as much as 12 inches or more (NYS DEC Part 492). The interconnected
nature of this area's wetlands is evident from the survey itself,which shows nearby depressions that
qualify as flagged wetlands, and there is very little elevation difference between tidal and freshwater
wetlands. Since the tide range in Corey Creek is generally 2.5 ft,the inland push of tidal water head
will surely influence the groundwater. In the proposed IA OWTS cross-section shown on the plan
V001.00 dated 12/10/2021 by AMP Architecture the 'highest expected groundwater elevation' is
stated as 45, which is that which was measured by McDonald's Geoscience test hole. But this test
hole represents one moment in time and due to the site's proximity to tidal influence, this is an
incomplete representation of fact. The clearances from groundwater shown on the AMP Architecture
plans leave no room for error and there is a strong likelihood that tidal influence, and sea level rise
will create a situation that floods the septic system and basement, episodically in the beginning but
substantially over the next decade.
3. The proposal includes a basement...the area is too saturated for in-ground development of
any type, including a basement, and drywells anywhere within 100 feet of the flagged wetlands.
Moreover, any subsurface installations will fail, if not in the short term, then by 2030 when sea level
rise would have influenced the site even more.
4. Dry wells will not work for stormwater drainage and, in my opinion, after development is
complete, at some point, sooner than later, it will become necessary to pump the water away, with
the choices being towards Corey Creek wetlands (not approvable by NYS DEC) or to Main Bayview
Road which violates the Town's MSG Stormwater management. Moreover,the Coastal Assessment
asks for consideration of changes to the stormwater regime and this application fails to address the
changes since 2005 and going forward due to sea level rise.Actual data and guidance on planning for
sea level rise is available and seems to be dismissed by this application.
4. The 2,300 Sf of fill proposed will act as a large sponge and while it may raise the grade, it will
only make the saturation impacts worse. It is not feasible to rid the subsoils of the water that
accumulates from both precipitation and groundwater flows, bearing in mind that a substantial
portion of the water comes from beneath the topsoils and cannot be intercepted by dry wells or
French drains.
5.Item D on Questionnaire reads No, but the wetland depression is closer than 5 ft elevation to water
as shown on the survey. The project requires fill over an area that slopes from 9'to 5' elevation just
uphill of the wetland. These conditions require special analysis which is not answered accurately in
this part of the Variance Questionnaire, so the Board's record is incomplete and their analysis flawed
without this issue properly addressed.
6. The EAF has several serious misrepresentations:
#3 It is blank
#4"Other" should be checked as marshland.
#7 The area is a Significant Fish and Wildlife Area by NYS DOS(attached).
#13a Should read Yes, DEC wetlands.
#15.Should read Yes,see attached.
#16. It is surprising to see this answer as No when the site appears to be in 100 yr floodplain.
#17. See my comment above...drainage will be a major problem.
If the Town has accepted this EAF as a basis for further decision making then the process is in error
because these items, especially numbers 7, 13 and 17 are critical to determining the extent of potential
impact from such a building plan.
Finally, in the Coastal Assessment form the answer to Policy 6 is patently false...Corey Creek is a
Significant Fish and Wildlife habitat and is deemed very sensitive. Failure to acknowledge and address
this follows from errors in the EAF and limits the record on this case in an unacceptable manner.
June 19, 2025 Update following review of Marra submission to ZBA:
I see no challenge to my technical comments:just because prior projects were allowed risks of flooding as I
warn for this application does not mean that the degree of saturation and water quality impacts are not
happening now on those sites, or that it will not happen as I contend. Zoning precedents generally result in
increased impacts, which is the basis for those restrictions to begin with. RWA
Dr. Ronald W.Abrams, CEP
Dru Associates, Inc.
Certified Environmental Professional RECEIVED
Glen Cove, NY
JUL 0 9 2025
ZONING BOARD OF APPEALS