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Home My WebLink AboutBrickley, Donald PTOWN OF SOUTHOLD TOWN CLERK'S OFFICE SOUTHOLD, N.Y. WETLANDS PERMIT This Wetlands Permit ~ 12 has Town Board according to information filed by Applicant Rev. Donald P. on November 29 19 74 be kept on file in the Town Clerk's number given. been granted by the Southold furnished in Application ~ 21 Brickle¥ A map of the proposed work will Office under the application Permit granted to do the following work Place fill on property of Rev. Donald P. Brickley, Broadwaters Drive, off Bay Avenue and Oak Drive, Cutchoque, New York, (1) on the condition that the fill shall not be placed further than 75 ft. from existing cesspools; (2) aNd~that all other wetlands, includinq drainaqe ditch(s) and meadow grass, shall not be altered or changed in any manner. Location of property on which work to be done Broadwaters Drive, between Bay Avenue and Oak Drive, Cutchogue, New York. Creek, Bay or Harbor fronting property. None Size of work: Length 75 ft. Width 20 ft. deposited by truck. Intended use of propert~ Height Above High Water Depth Below Low Water Yards to be Excavated Yards to be Filled 250 in ~ich material is to be removed 4 ft. 5 ft. no~ or deposited To be Residential TOWN OF SOUTHOLD TOWN CLERK' S OFFICE SOUTHOLD, N.Y. WETLANDS PERMIT This Wetlands Permit # 12 has been granted by the Southold Town Board according to information furnished in Application # 21 filed by Applicant Rev. Donald P. Brickley on November 29 19 74 A map of the proposed work will be kept on file in the Town Clerk ' s Office under the application number given. Permit granted to do the following work Place fill on property of Rev. Donald P. Brickley, Broadwaters Drive, off Bay Avenue and Oak Drive, _Cutchogue, New York, (1) on the condition that the fill shall not be placed further than 75 ft. from existing cesspools ; (2) #hdtthat all other' wetlands, including drainage ditch (s) and meadow grass, shall not be altered or changed in any manner. Location of property on which work to be done Broadwaters Drive, between Bay Avenue and Oak Drive, Cutchogue, New York. Creek, Bay or Harbor fronting property None Size of work: Length 75 ft. Width 20 ft. Height Above High Water 4 ft_ Depth Below Low Water 5 ft. Yards to be Excavated none Yards to be Filled 250 Manner in which material is to be removed or deposited To be deposited by truck. Intended use of property. Residential Page 2 ** Conditions if any (1) fill cannot be placed further than 75 ft. from existing cesspools. (2) All other wetlands , including drainage ditch (s) and meadow grass, shall not be altered or changed in any manner. ** The area to be filled has been staked out and a map with reference Expiration Date -- pointes and measurements -is available at the building Department office,office, S uthold The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations hereunder until such approval has been obtained in writing. The failure to -obtain such. other approval when required shall subject this permit to immediate revocation by the Town Clerk upon receipt by the Town Clerk of written notice from such other governmental or municipal authorities of its refusal or disapproval. The applicant does by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the applicant also agrees to indemnify and save harm- less the Town, and its officers , agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of applicant, his agent and employees. The applicant and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and its officers and employees to enter upon the premises where such opera- tions are being conducted to make such inspections as the Town may deem necessary to insure that such operations are being conducted in conformity with this permit. Signed S E A L own Clerk, Town of Southold Date June 24, 1975 REV. DONALD P. BF___KLEY - WETLAND HEARING #1 rn.d #21 A public hArin.g was held at the Supervisor' s Office, 16 South Street, Greenport, New York, at 3:30 p.m. on the 27th day of May, 1975. Present were Supervisor Albert M. Martocchia, Councilman James Rich, Councilman James Homan, Justice Martin Suter, Justice Louis Demarest and Justice Francis Doyen. Councilman Rich read the Notice of Hearing. NOTICE IS HEREBY GIVEN that a hearing will be held by the Town Board of the Town of Southold at the Supervisor' s Office, 16 South Street, Greenport, , New York, on the 27th day of May, 1975 at 3:30 p.m. in the matter of the applica- tion of Rev. Donald P. Brickley for a permit under the °pro- ' visions of the Wetland Ordinance of the Town of Southold for the purpose of excavating and filling portions of his property at 75 Broadwaters Road, Cutchogue, New York. All persons interested in said matter shall appear at the time and place above specified and will be given an opportunity to be heard. Dated: April 22, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD ALBERT RICHMOND, TOWN CLERK Councilman Rich: I have an affidavit signed by Albert W. Richmond, Town Clerk, that this notice was posted on the Town Clerk' s bulletin board. I have an affidavit signed by Stuart C. Dorman, Editor of the Suffolk Weekly Times, that notice was published in the Suffolk Times. I have an affidavit signed by Sherley Katz, Editor of the Long Island Traveler- Mattituck Watchman that this legal notice was published in the Mattituck Watchman. We have the following comment from the Southold Town Conservation Advisory Council. On the application it is marked 'disapproved (not enough exact information) Council attempted to take measurements, but owner' s rough drawing makes it impossible to locate distances. Before conclusions can be drawn it is necessary to know exact location of leaching pools. Existing mosquito ditch does not appear to agree with owner' s location of this ditch on survey. /s/ Frank A. Kujawski, Jr. ' The following letter was read from the Board of Town Trustees dated April 8, 1975. Dear Supervisor Martocchia: The Board of Southold Town Trustees recommends filling an area 20 ft. by 160 ft. on the property of Rev. Donald P. Brickley, wetland application no. 21, to conform to Suffolk County Board of Health requirements. The Board does not recommend opening of the existing mosquito ditch as it would serve no useful purpose, and would negate the action recommended to fill the .20 ft. by 160 ft. area for the' system involved. /s/ Alvah B. Goldsmith, Chairman Wetland Hearing q,__ -2- , iy 27, 1975 Supervisor: You have heard the reading of the application for a request �forr some filling. The position of the Conservation Advisory Council - they disapprove. The recommendations of the Town Trustees where they agreed to part of it but there are some parts that they don't agree to. The legal posting in the proper official papers of the Town, the posting on the bulletin board. ' At this time, I would like to hear from anyone wishing to support this application for the filling. Rev. Brickley: I am Donald Brickley, the owner of the property. Can I give the problem briefly. The surveyor failed to show on the map 'that was presented to the Board of Health for the permit for the installation of the septic system that there was considerable meadows on the property so the Board of Health approved the petition for the septic system. The installer then installed the system without informing me that there may be a problem. When the system was completely installed the inspector for the Board of Health noticed the- system was too close to the marshlAnd, fifty feet%,instead. of the"required one hundred feet. I met before this group previously asking for a petition to ,be granted" for a; fill of fifty_ feet to meet the requirements of ,the Board' of• Health at which-- time we suggested a compromise if I could get the .Board of Health to grant the variance it might be that we could come back to this meeting with a, compromise. I-went .to the Board of Health with a suggested-compromise and they approved I-a variance that 'would grant the distance for the septic system from fifty feet to seventy feet instead' of the required one hundred feet. That' s my problem. My request is that we have then, I get permission to fill in twenty feet of the marshland and a further part of this petition was to open the existing mosquito ditch to allow for a greater influx of fresh water to flush the meadows. I want to assure this group that I have a keen interest in preserving the ecological balance and value of the wetlands and , I want to assure you all that any proposals I am making will not affect the wetlands in this matter. As' a matter of fact, the twenty feet that I am asking to fill can debated as to whhther or not it is wetlands bbcause the grass does not and that' s how I arrived at this twenty foot. The grass of the meadows does not begit until twenty feet. Between , the edge of the fill as it -now exists and the proposed new fill there is brush which is a-bit unsightly and to fill in this brush and come up to the edge of the meadow, grass would only enhance the environmental beauty of the marshland and would not obstruct any of the wetland. The proposal to -open the mosquito ditch was to allow for a greater influx of the , water to preserve the ecological balance of the wetlands so there could be a flush of the meadows on each high tide and thus provide for a much sounder ecological system. I asked a colleague of mine and this is probably koing to be biased because he is a friend of mine, but he is also a scientist and a very keen scientist and biologist, professor of biology at the college -where I am a part-time teacher. He is .a professor of the -Section of Environmental Studies a7� the Eastern Nazarene College and I hold here a letter and ,if the members of the Board would like to see this. I want to Wetland Hearing ;. _ -3- May 7, • 1975 read just a portion of this letter after he studied the condition. "Study of a map of a plot owned by Dr. Donald P. Brickley at Cutchogue, New York 'at the corner of Broadwater Drive and Bay Avenue shows_ a designated mosquito ditch 'to a point' . The proposal .to extend or increase the drainage capacity of this ditch shows from .this• map that "the° !plucking .mechanism' of a more rapid ebbing of higher tides would only normally' suggest a more effective removal of organic remains, (dead matter) . The numerous smaller live` organisms I gener ated in a more healthy water provide potential food source for larger organisms further out to the shallow waters and eventually on to the ocean. "Conservation, defined as-the 'wise use of our resources' does not mean to leave everything to the cavalier concepts of time that bioecological process may so unhurriedly take, but a choice -of aids to promote a desirable affect of what can be anticipated in the long run, judged by the probability of continued development of due process. " This is an expert opinion by a ,biologist whose specialty is environmental studies and he suggested to ',open the mos- quito ditch and allow for the influx' of the fresh water which would enhance the value of the meadows and further preserve the meadows and keep it from stagnation and eliminate such things as, of course, the mosquito ditch which was not originally intended to do anything which was provided by the State Department of Health. Let me assure you again I appreciate anything you can do for me and I only want to preserve this place as a beautiful pbat for a summer home. There were plans to divide this three acres into lots and commercialize the whole section. It would never have -passed at .any rate but he bought this before the wetlands ordinance was passed and had he 'proceeded with his plans then it would have been a commercial property. It will remain as it now is-. That' s my purpose. We want to preserve the. ecological balance of these, meadows. Thank you, gentlemen. Supervisor: Thank you, Mr. Brickley. Rev. Brickley: .. I'm sorry the map was not adequate for the conservation group. Could I get back to them somehow and give them more specific- measurements. I did present them a map and apparently the didn't understand the distance necessary from the leaching pools to the marsh. At this point Mr. Brickley went up to the table and discussed the map with the Board. Supervisor: Anyone else wish to- speak on behalf of this application? Anyone opposed?to granting this application ' requesting filling of 20 by 160 feet? Hearing none, I will call the hearing to a close. Wetland Hearing -4- M 27, 1975 Motion was made by Mr. Rich, seconded by Mr. Homan and carried that the hearing be closed. Respectfully submitted, Muriel -Brush, Secretary Eastern "i4azarene Co_,L-X� ego 23 East Elm Avenue • Wollaston, Massachusetts 02170 Department of Bio/ogy—Section of Environmental Studies William J.V.Babcock,Professor of Biology,Director Telephone—(617) 773-6350 Extensions 285,352,353 I May 23, 1975 Town Board Southold j New York 11971 To Whom It May Concern, Based upon over 40 years of ecological field study of the coastal wet lands of the Boston and Cap Cod•area as well as bogs, swamps, and rivers of the Adirondacks and Green Mountains, it must state that the natural process of development is the steady and eventually quite complete encroachment of the vegetational formation upon the wetland. The hydrarchial succession phenomenon is just this; water basins accumulating i fill material and invasion of steadily more woody and fibrous forms. I I In our own wetland here at Eastern Nazarene College, we have the clear example of affects of raising higher (to create a planned marina basin for ecological studies) the run-off level from high- tide. The basin is rapidly filling; the marine and maritime life in the water can be found in many instances only by first finding their scavengers which are eating up the dead carcasses of the formerly dominant forms. Large sponge life beds are buried, the water is increasingly foul and toxic; but, well above the tidal reach the vegetation stays very active down to the edge of ' the negative zone. Our back-reach ditches are filling with a stench-giving ooze material. i i Study of a map of a plot owned by Dr. Donald P. Brickley at Cutchogue, New York at corner of Broadwater Drive and Bay Avenue shows a designated mosquito ditch "to a point." The proposal to extend or increase the drainage capacity of this ditch shows from this map that the "plucking mechanism" of a more rapid ebbing of higher tides would only normally suggest a more effective removal of organic remains (dead matter). The numerous smaller live organisms generated in a more healthy water provide potential food source for larger organisms further out to the shallow waters and eventually on to the ocean. Conservation, defined as "the wise use of our resources" does not mean to leave everything to the cavalier concepts of time that bioecological process may so unhurriedly take, but a choice of aids to promote a desirable,' affect of what can be anticipated in the long run, judged by the probability of continued development of due process. Sincerely, -VV4/ G e W. J. V. Babcoff Professor of Biology WJVB/sp Section of Environmental Studies 1 Eastern '-Nazarene Co'-flege 23 East Elm Avenue • Wollaston, Massachusetts 02170 Department of Bio/ogy-Section of Environmental Studies William J.V.Babcock,Professor of Biology,Director Telephone—(617) 773-6350 Extensions 285,352,353 May 23,' ,19T5 Town Board Southold New York 11971 To Whom It May Concern, Based upon over 40 years of ecological field study of the coastal wet lands of the Boston and Cap_ Cod, area as well as bogs, swamps, and rivers of the Adirondacks and Green Mountains, it must state that the natural process of development is the steady and eventually quite complete encroachment of the vegetational formation upon the wetland. The hydrarchial succession phenomenon is just this; water basins accumulating fill material and invasion of steadily more woody and fibrous forms. In our own wetland here at Eastern Nazarene College, we have the clear example of affects of raising higher (to create a planned marina basin for ecological studies) the run-off level from high tide. The basin is rapidly filling; the marine and maritime life in the water can be found in many instances only by first finding their scavengers which are eating up the dead carcasses of the formerly dominant forms. Large sponge life beds are buried, the water is increasingly foul and toxic; but, well above the tidal reach the vegetation stays very active down to the edge of the negative zone. Our back-reach ditches are filling with a stench-giving ooze material. Study of a map of a plot owned by Dr. Donald P. Brickley at Cutchogue, New York at corner of Broadwater Drive and Bay Avenue shows a designated mosquito ditch "to a point." The proposal to extend or increase the drainage capacity of this ditch shows from this map that the "plucking mechanism" of a more rapid ebbing of higher tides would only normally suggestola;-more effective removal of organic remains (dead matter). The numerous� smaller live organisms generated in a more healthy water provide potential food source for larger organisms further out to the shallow waters and eventually on to the ocean. Conservation, defined as "the wise use of our resources" does not mean to leave everything to the cavalier concepts of time that bioecological process may so unhurriedly take, but a choice of aids. to promote a desirable affect of what can be anticipated in the long run, judged by the probability of continued development of due process. Sincerely, W. J. V. Iabcock Professor of Biology WJVB/sp Section of Environmental Studies Sv,, 2-7 t " 7,10- all Z71— bqen- pn _ BOA 0.1 T'W\ � TEES o v o svt ITV L-PFbw�COUN , Telephone 516 - 765-3783 ° southo ��I9 I]SN. 11971 April 8, 1975 Supervisor Albert M. Martocchia Southold Town Board 16 South Street Greenport, New York 11944 Dear Supervisor Martocchia : The Board of Southold Town Trustees recommends filling an area 20 ft. l?y 160 ft. on the proper".ty of Rev. Donald P. Brickley, wetland application no. 21, to conform to Suffolk County Board of Health require- ments . Y The Board does not recommend opening of the existing mosquito ditch as it would serve no useful purpose, and would negate the action recommended to fill the 20 ft. by 160 ft. area for the system system. Very truly yours, Alvah B. Goldsmith, Chairman Board of Southold Town Trustees 4 LEGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a hearing will be held by the Town Board of the Town of Southold at the 'Supervisor ' s Office, 16 South Street, Greenport, New York, on the 27th day of May, 1975 at 3 :30 P.M. , in the matter of the application of Rev. Donald P. Brickley for a permit under the provisions of the Wetland Ordin- ance of the Town of Southold for the purpose of excavating and filling portions of his property at 75 Broadwaters Road, Cutchogue New York. All persons interested in said matter shall appear at the time and place above specified and will be given an opportunity to be heard. DATED: April 22 , 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD ALBERT W. RICHMOND TOWN CLERK PLEASE PUBLISH ONCE, MAY 8, 1975, AND FORWARD TWO (2) ABBIDAVITS OF PUBLICATION TO ALBERT W. RIEHMOND, TOWN CLERK, TOWN OF SOUTHOLD MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to: The Suffolk Times The Long Island Traveler-Mattituck Watchman Rev. Donald P. Brickley if + ' STATE OF NEW YORK: SS : COUNTY OF SUFFOLK: f ALBERT W. RICHMOND, of Southold, Town of ' Southold, New York, ,being duly sworn, says that he is over the i age of twenty-one years ; that on the 9th day of May "I 19 75 , he affixed a notice of which the annexed printed notice i! is a true copy, in a proper and substantial manner,'' in a most public place in the Town -of Southold, Suffolk County, New York, to wit:- Notice of Public Hearing - Donald Po Brickley ° May 27 , 1975 3 :30 P.M. 1' ' Town Clerk Bulletin Board, Town Clerk Office Main Road, Southold, L.I. ,N.Y. q; Sworn to before me this is lbert W. Richmo , Town Clerk, !, 9th day of May , 1975 i� otary Public I JUD4Tli T. BOKEN (\lofary Pubic, Mate of N16w York t� No 5,2-0344963 Suffolk'County, Commission Expires,March 30, i9Z7 j ,,,• 1 _ A_ _ LEGAL NOTICE; . NOTICE OF HEARING NOTICE IS HEREBY GIVEN COUNTY OF SUFFOLK. 1 that a hearing will be held,by the 'Town,Board of the Town of STATE OF NEW YORK. � ss Southold at the, Supervisor's Office, 16 south Street, Green- Stuart C . T)orman being duly Sworn. port,New York;on the 27th day of_ . . . . . . . . . . . . . . . . . May, 1975 at 3:30 P.M.,-in-the ' says that . . he. , is Printer and Publisher of the SUFFOLK I matter of the application of Rev. Donald P. Brinkley fora permit WEEKLY TIMES. a newspaper published at Greenport. in said under'the provisions of-,the I Wetland'Ordinance of the Town d of Southold for the county; and that the notice, of which the annexed is a printed purpose of eicavating and filling portions of copy, .has been published in the said Suffolk Weekly Times his property at 75 Broadwaters One (1 Road, Cutchogue, New Yoik.. ante in each week. for weeks All persons 'interested ,m said . . . . . . . . . . . . . . matter shall-appear' at the time successively commencing on the . . . .!U th and place above,spedii- l;`and . . . . . . . . . . . . ... U be given an opportunity io=be day of ay. . heard. - DATED•-April 22, 1975 . l . . . . . . . . . . . . . . . . . . . . . . . . . . . BY ORDER'OF THE .� . 'SOUTHOLD TOWN Sworn to before me this . . . . . , BOARD ALBERT W.RICHMOND day of . . . . . . . . . TOWNCLERK ' �4 1TM8 . . . . . . . . . . . . . . . . ..4. . . . . . , . . . . 9°Q$4Rlt.P lh9f; aAaA. . .. . . .. . . . . . UiLlc, State of New York No. 52-4517672 Qualified in Suffolk County Commission Expires March 30, 1977 1 � t r1 COUNTY OF SUFFOLK STATE OF NEW YORK Sherley Katz, being duly sworn, says that she is an i LEGALNOTICE Editor, of THE LONG ISLAND TRAVELER - MATTITUCK j NOTICEOFHEARING 1 NOTICE 1S HEREBY GIVEN WATCHMAN, a public newspaper printed at Southold, ythat a hearing will be held by''the in Suffolk County; and that the notice of which the Town Board of the Town of 1 Southold at the Supervisor's'Of- annexed is a printed copy, has been published in said fico, 16 South Street, Greenport, I Long Island Trove ler-Matt i tuck Watchman once each New York,on the 27th day of May, 1975 at 3:30 p.m.,in the matter of _ application of-Rev. Donald P. Week for ................................. ........ weeks 1B lcyfor a permit under the the app rc of the'Wetland Ordin successively, commencing on the ,'. � ,provisions ................. anceofthe Town of Southold forthe purpose of'excavating and filling day of 19..�.�.. portions his property ,At 75 I'Broadwaterers Road, Cutchogue, 1 New York: Al] persons inter�steil c in - ............................... ........................ ..................... said r� mattershall appear at the time and: i place above specified and will-be j given an opportunity to,be heard. DATED: April 22, 1975 , 1 Sworn to before me this .....�.....h BYORD,EROFTHE P'" —:... day of SOUTHOL_DTOWN BOARD � r TOWN'CLERKf ......... . . .� ..., 197S.�. ALBERT W.RICHMOND 1T-5/8' .......... ......... �� Noua7 Pub1tc JUDITH T BCKEN Notary Public, State of New York No.52-0344963 Suffolk County Commission Expires March 30, 19 COUNTY OF SUFFOLK STATE OF NEW YORK j _ Sherley Katz, being duly sworn, says that she is art LEGALNOTICE — Editor, of THE LONG ISLAND TRAVELER - MATTITUCK NOTICEOFHEARINGI WATCHMAN, a public newspaper NOTICE IS HEREBY GIVEN' printed at Southold, that a hearing will be held by•theI in Suffolk County; and that 'the notice of which the Town Board of the Town of i Southold at the 'Supervisor's Of-` annexed is a printed copy, has been published in said tice, 16 South Street, Greenport,l Long Island Trove ler-Mattituck Watchman once each New York,on the 27th day of May,11 ,rq—� 1975 at 3:30 p.m.,in the matter of (J � weekfor ........................................................... weeks ,. the implication of Rev_._Donald P.s _ x.... - ��/ Brickley for a permit under the ,provisions of the Wetland Ordin- successively, commencing on the ......... ............................. .anceoftheTownofSoutholdforthe i purpose of excavating'and filling day of .....................J%� .., 19..� portions of his, property at 75 Broadwaters Road, Cutchogue, / NewYork. ... ............................. .. ........... !...............�............ All persons interested in said mattershall appear at the time and 'place above specified and will be' given an opportunity to be heard.i DATED:-April 22, 1975 •„ day of t BYORDEROFTHE Sworn to before me this .... ............. SOUTHOLD TOWN BOARD ALBERT W.RICHMOND' ............•••• ••••. 19...E TOWN CLERK i L---- —._IT-5/81 ............. .. � l�..! �:y ....... i� . Notrary Public JUDITH T. BOKEN Notary Public, State of New York No 52-0344963 Suffolk County Commission Expires March 30, 1971 SUFFOLK COUNTY " _. 'ISION OF PUBLIC-HEALTH x DEPARTMENT OF HEALTH SERVICES H. LEE DENNISON EXECUTIVE OFFICE BUILDING ' VETERAi3S MEMORIAL hIIGH,�JF.Y i•' HAUPPAUGE, NEW YORK -1-9787 { MARY C. M.cLAUGHLIN, M.D., M.P.H. MAHFOUZ H. Z,AKI, M.D., DR. P.H. ! `" ,COMMISSIONER OF HFALTH,SER VICES DIRECTOR OF PV UI_IC HEAL'1 H _ ('larch 26, 1975 „ Rev.' D.-P. Brickley PH,D. Re: Application to Construct an Con:,luni ty of ideponset + Individual Sewage Disposal S;_tern, 51' 4lalnut' Street, Broad;rraters ,Road, Cutchogue' , 7own Dorche -ster, Massachusetts 02122, - Southold - ''15 -Dear Rev. Brickley: �. Atthe 'hearing held ,on March 7,1975, in the office of the Suffolk County Department of Health Servi ces , Division of Public Health , 'H, ,, Lee DennisHauppauge,- Neon 'Executive Office Building, Veterans Memorial I li gh�, y, '; •r;, .' w York' -you had an opportunity to present your appeal of the Department's ruling 'on ;the subject application. accordance with the provisions of subdivision (c) , Section 7, 'Article I of the Suffolk County Sanitct ary Code, the determination ,of ''the ,Board �of Review is -.as follows: Based ,on the'_information -,submitted, the subject application be approved for the installation of a septic tank and cesspool. system provided .`;:', ;''• ' that, an additional fill is placed to - increase the minimum distance from the ' leaching-cesspools to the marsh from 50 feet,to 70 feet. Since the determination of the Board of Review submitted `to' the Commissi_oner's office on March' ,20,, 1975, has not been reversed or, modi-fi ed. by her; .i t i s therefore deemed to be the determination of the Commissioner_ ^ Y Very truly yours, . y 011.w.06'a�vids, P.E. Chief Bureau ofEnvi+ronrnenY;al health. Services ;' r,HWD/eb ` cc - 'A ldo Andreoli , Robert A. Vi 11 a', ,,P.E. f } Southold_ building' Department i `"f..,t' `r•� _'` _ „ - e I.i,r,�i 4 - -:'•!I! d '7 i t _ +1^rT;^h`!''�r;i,'",!'�..;J'5r,-q«:,. t,v.' -+i. .F'l, :j` e :I�i:f.: }^.F''a'i A�.:a,% .,Tier 1'-•,�j- - '.c ^�{-"kb",,.T;"y' .3..K" - %jr',,,,!�- , >,y ,ti,[ ;v _}. "s ,'r` t^G: }" }5• ,t 'f ,'t �T'a,' 1,,,. ,, � .�:� f _ ,ay.s';y"•.j,•: - �V•. f[t .`K' '} r..• 1 ;r IF1\rr `.'44'• J•r i M1f, !_" S - ,�'"•'• ~r;' r L. .;Y j f .,9�- 'Yr..'" .p' �y,F ria4' - . r. 'r`..,'+a' _ _ �.II %.i 'r` •ts'a' ,+i'`` ,.[ht :.i - l; .•ti"' d'. _ .t",i,i; �z ., - , li,' 'f', :il'' ,�, .s ,y.= of ''F,: e1 •p`''}r. a+, ;r3•^m, -r•f }'•` ,;" r •�y' .�T,t^u.}'1'N ,t"" i, e,; _ ;t",lJr' i,',. .w, [• _ \i .ur;y r•' 1t 'raf `1.�i`a..l,W;,t•;. t...'3.AJ._•e'P:'. ,_., bfy --'tnWit• wy,c, t`.:?.? .��"s,i.Pp. 7,ile'. •' • _ `s ,i" lr.:,l'r ,r" r.a ,•.. r w ,. h 'c u. , �l'i_ .,... .sv'',---,�':'r.-,ra .. . r . r ,. .. + .,al..., .. .. .r_. a+.d3'i�, :i+'.r!,\+;\` ,1-•ar., � ,.- 1 .-t-., �1 1:,�,�' i Q G OFF O ■ W ERK T o D SOU D ALBERT W. RICHMOND Q \ TELEPHONE TOWN CLERK %j�/®� _`t1®` 765-3783 REGISTRAR OF VITAL STATISTICS SOUTHOLD, L. 1 , N. Y. 11971 November 29 , 1974 Mr. Frank Kujawski, Jr. , Chairman Conservation Advisory Council Mattituck, New York 11952 Dear Mr. Kujawski: Transmitted herewith is application no. 21 (#17 revised) for a wetland permit submitted by Rev. Donald P. Brickley. Please prepare a written report of findings and recommendations w!Ch respect to this application and submit said report to the Southold Town Clerk within 20 days of receipt of this letter. Very truly yours, Albert W. Richmond Town Clerk 1' Town Of Southold Town Clerk's Office Southold, N. Y. y APPLICATION FOR WETLANDS PERMIT Application No. .......� PP /................ Date of Application . ....../�7 ... Q _ Identity of Applicant ......RA.Z.: ......... ...'. ?.f?' ?`...........?........ .. .f.c (..... ........................... Address of Applicant ......7 ..... ......caq:6..... !1. :'?...!��+1 :., ..... INSTRUCTIONS FOR PERMIT A. This application is to be completely filled in by typewriter or ink and submitted to the Town Clerk in quadruplicate, accompanied by writter permission from the owner of the property if not the some as the applicant. B. Pilot Plan must be drawn to scale on the reverse side of this application showing the location of property, the names and locations of owners of adjoining properties, and a detailed description of proposed project. (Note: Copies of the Pilot Plan may be made by a copy machine and attached to the Permit Application:) C. No operation shall be initiated by the applicant until all permits that are required are issued. D. A detailed statement of the rehabilitation and proposed condition of the premises after the work is completed must be given, including a survey if required. E. If permit is being sought for a more sizeable excavation than the construction of a private single dock or jetty, then this application must be accompanied by a survey and topographical map certified by a registered land survey or Professional Engineer. The horizontal control of survey shall be based upon an approval locol coordinate system. The vertical control for elevation and sound- ings shall be based upon United States Coast and Geodetic Survey and/or United States Geological Survey datum. F. A statement must accompany the application describing any known prior operations conducted on the premises in question and whether any prior licenses or permits have been issued to erect structures or to dredge or deposit fill on said premises and whether any such permits or licenses were ever revoked or suspended by a governmental agency. G. A filing fee of $25.00 shall accompany the application. This filing fee includes one inspection,_ there is a $5.00 fee for each additional inspection. H. The Town Board upon request of the applicant for a permit, may waive in whole or in part, the provisions of Article ll, Section 210, subdivisions (d) and (g) where it finds that nature of the proposed operations are such that 'the requirements of such provisions are not necessary for a proper consideration of a permit application. I. Upon approval of this application the Town Clerk will issue a permit to the applicant. Such permit shall be available for inspection at any time, upon request. r Examined ........../. ... .v ..................... 19�. ... Approved ................................................................ Disapproved ................ .... .. .. . .. .� Conditions, if any ........... t.4�`:... ......... .,.. ...... ........... .......... ... ...... . 1 . . . .. ... ... ............. .. .. : .. ........... � � - ..............................� 64 � Examining Body .............. '........ [ ..... ..: ! .l �L,�.�..J.. ...... . ... cJ " 'I", �; Signatureof Chairman .. ................. ........�/��'...'... .:................................. ..... .... APPLICATION IS HEREBY MADE to the Town Board of the Town of Southold, Suffolk County, New York, for the issuance of a permit pursuant to the Laws, Ordinances and Regulations govern- ing the Coastal and Interior Wetlands, Flood Plains and Drainage Areas of the Town of Southold: i Permit requested to .. .(.! ...��..d7......ArL1sL,A............... ...�...�:?-2c��... 4�'�. C-4--k'? � W fV`I....... .' .... .... (,C.. . °�5....�`.ct.[ha��jC—�� •�iy�.lj Q�ivtY �.ltp�T�! ;V Location of property for which permit wanted... ............................................................................. .........71�.... Y. .Q ✓...... .4,w........ . . ........ _WR__ ........................................ Home address of permit applicant if different from aforesaid location .............................................. ............... ../. ......?. ......0 2:/6.`....................................... Creek, Bay or Harbor fronting property .... ... 4 ' s; ...�.L.`:.!..14; .,.. ,g. .... e;74..................... ......�.°u� � s............?..e....``..��s::......................................... Size of proposed work: Length ......../o .. ................................................................................................................................. Width .. `.................................................................................................................................... HeightAbove High Water ...` .. .......................................................................................................... DepthBelow Low Water ......................................................................................................................... Yardsto be Excavated ........................................................................................................................... Yardsto be Filled ..... 7!rdx....6 0.0................................................................ ........................... U Qf[�'f7„Width of canal, creek or bay fronting property.. .': ....3........................... .... BoateR Depthat Low Tide ................................................................................................................................. AverageRise in Tide ............................................................................................................................. Q Is this for private or business use? .......... ✓/cl ,.......................................................................... AreaZoning ............................................................................................................................................. �i r � Manner in which material will be removed or deposited etc Cn 6 jj ^`` ...........: 1,c............................. . ................................... .Y. (' h' Ya c r�'✓.................................../.................................. Intended use of property ../.a...ee.>luglj. ....w!. 1.....io.°:'':A. y AJA...�e�t�-:-:moi C.. .:.... .......TA?a xL....S .rl�................................................................... Written consent of owner of property, if not the some as the applicant ........................................ .................................................................................................................................................................. ...................................................................................................................................... ........................... COUNTY OF SUFFOLK ) STATE OF NEW YORK ) SS: ................../.C;��'.... .l............................... ......................... being duly sworn deposes and says that he is the applicant for the above described permit, and that all statements contained herein are true to the best of his knowledge and belief; that the work will be done in the manner set forth in this application and as may be approved by the Town Board of the Town of 'Southold. The applicant agrees to hold the Town of Southold and own �ers ar harmless and free from any and all damages and claims arising under or by A ue of saiit, if granted. zV..... s. .. " `...... ....................... Si ature of pp t Sworn to before me this .. .................... day of .............. 19.. TUDITH T BOKEN �� dcAary Public, State of New York -0344963 Suffolk Coun�y,� Notary Public �6Frlmission Expires March 30, 19 J �p �Gr r S rs � / 0 Aze,.<zs7 s -tom/ y a f ti � `ry�-` 4v e `Yn 2a o ws V �s� , .a' 'tE'ta'tis�,•`al"' „C y.r3 5•:d,,, `r `•� ,. srt �' , ®��itMUNITY CHURCH Off' N EPONSET 5$ Walnut St., Dorchester, Mas& 02122 Church offfice phone 825-1155 Minister {' ' ®. P. BRICiLLEYo'�Ho,®. Associate Minister KENNETH BRYANT .. 144 Shom A4e.,,Quincy, ,02189 NOveinber 27, 1974 7 Hallef St., Dorchester, 02122 Phone 773.9751 Phone 825-7676 Town• Board ToF-n. of Southhold Southhold, New'York gentlemen, As the result of the previous hearing we had on the application that I had presented, I have revised the application and have reached what I hope will bd' an acceptable compromise with the Board of Health in their requirements for the additional amount of, fill to satisfy regulations for the septic draining system.' , The problem is that I have had installed as 900 gallon septic tank with five drainage pools. The 'surveyor failed to show on his original `•,%pldn, the meadows, thus without knowing the Board of Health approved the plan rY, Por;the septic system. The installer didn't mention any problem as he :{ '' installed the system9' but whenthe in of the Board of Health came to < ' approve it, he noted that the system was too close to the meadows 50 foot instead'of the 100, foot by the code. I 'suggested at the hearing that we probably could compromise with using 20 foot of fill and. get the toard of Health waive their requirement. The` 20 ,foot 'of'till would,bring us to the edge of the meadow grass. There is roughly 20' foot,,of meadow brush between the grass and the high ground. Someone suggested that this ,is technically not part of the meadow, depending on who's definition one may'use., t I have also asked for permission to open the existing ,'mosquito ditch to:maintain ,the flow of water to keep the meadows from stagnating and to pV&serve the ecological, balance,of ,the meadows by having a constant influx of { water°. . This ditch would be .open to approximately 3 foot width. ' I',have appreciated all that you have done and I° an o s. ' m � u to comply withlthe requirements of the Board of Health to get approval, for the septic system. Thdnks ,for,your kindness.' ' jer N I " „ '1'�� i,.fl; ,ill`F„ ' ' '.JO �I. '4 D9-- om'�' rfy r ,Y,y♦ 1/M BIaM. ' ` •° f `` '• 4! .i ' , 0 „I '; r�1^_jF� '1r, ise�^J I•!A�s 1 ;Y '', � 'rI,•>;.° ., 7, ''vT',y^�, x '� ., •t .; ,I , ' ft c ''V�il . „t71�4NJ+L t'I,�:�: �,x`u'{�c. , R.;e•;•`.j$t, ❑FF z' ERK r C= ALBERT W. RICHMOND � TELEPHONE TOWN CLERK, 765-3783 REGISTRAR OF VITAL STATISTICS SOUTH�LD, L. 1 , N. Y. 11971 November 29, 1974 Supervisor Albert M. Martocchia 16 South Street Greenport, New York 11944 Dear Mr. Martocchia : Transmitted herewith is application No. 21 for a 'wetland permit submitted by Rev. Donald P. Brickley. Copies of this application have been forwarded ' to the Board of Town Trustees and Conservation Advisory Council for their report of findings and recommendations . Very truly yours, Albert W. Richmond Town Clerk "4'. S ,,FwYv,"r k1^eA'.1:'�'^• n `t.'r,.. !.:"S';.!" .7 i`' i, •- a . i.. " a.. ,.r i /. 4 , , .'' 1:R p, ul ., . �" - ' 3 , �''R•i"r rel �t — �� OFF ERK TAVAD ALBERT W. RICHMOND TELEPHONE TOWN CLERK _ydn� 765-3783 REGISTRAR OF VITAL STATISTICS _O•d(/ k'X'� SOUTHOLD, L. I , N. Y. 11971 November 29 ,' ' 1974 - Mr. Frank Kujawski, Jr. , Chairman Conservation Advisory Council , Mattituck, New York 11952 Dear Mr. Kujawski: Transmitted herewith is application no. 21 (417 revised) for a wetland permit submitted by Rev: Donald P. Brickley. Please prepare a written report of findings and recommendations •wi'th respect to this application and submit said report to the Southold Town Clerk within 20 days ,of receipt of this letter. Very truly yours , Albert W. Richmond Town Clerk ! _ .r.r. .,,yr -r an . •) > •>: - - r " s, i ,.. ®FAY LERlC ALBERT W. RICHMOND TELEPHONE TOWN CLERK � 765-3753 REGISTRAR OF VITAL STATISTICS SOUTHOLD; L. I , N. Y. 11971 November 29 , 1974 Mr. Alvah B. Goldsmith, Chairman Board of Southold Town Trustees Main Road Southold, New York 11971 Dear Mr. Goldsmith : Transmitted herewith is application no. 21 (#17 revised) for a wetland permit submitted by Rev. Donald P. Brickley. Please prepare a written report of findings and recommendations with respect to this application and submit said report to the Southold Town C1eiJ-, within 20 days of receipt of this letter. Very truly yours , , Albert W. Richmond Town Clerk Town Of Southold Town Clerk's Office Southold, N. Y. APPLICATION FOR WETLANDS PERMIT Application No. / V"� ��,,(( ......�/................ Date of Application .....................�.r....��T..... DIdentity of Applicant .... ..&U....... .... Pt............... 1.,CK .... ................................... Address of Applicant ...........7�......... �o a_ raaaAes.....>ti. v..... ..................� INSTRUCTIONS FOR PERMIT A. This application is to be completely filled in by typewriter or ink and submitted to the Town Clerk in quadruplicate, accompanied by writter permission from the owner of the property if not the same as the applicant. B. Pilot Plan must be drawn to scale on the reverse side of this application showing the location of property, the names and locations of owners of adjoining properties, and a detailed description of proposed project. (Note: Copies of the Pilot Plan may be made by a copy machine and attached to the Permit Application:) C. No operation shall be initiated by the applicant until all permits that are required are issued. D. A detailed statement of the rehabilitation and proposed condition of the premises after the work is completed must be given, including a survey if required. E. If permit is being sought for a more sizeable excavation than the construction of a private single dock or jetty, then this application must be accompanied by a survey and topographical map certified by a registered land survey or Professional Engineer. The horizontal control of survey shall be based upon an approval local coordinate system. The vertical control for elevation and sound- ings shall be based upon United States Coast and Geodetic Survey and/or United States Geological Survey datum. F. A statement must accompany the application describing any known prior operations conducted on the premises in question and whether any prior licenses or permits have been issued to erect structures or to dredge or deposit fill on said premises and whether any such permits or licenses were ever revoked or suspended by a governmental agency. G. A filing fee of $25.00 shall accompany the application. This filing fee includes one inspection, there is a $5.00 fee for each additional inspection. H. The Town Board upon request of the applicant for a permit, may waive in whole or in part, the provisions of Article 11, Section 210, subdivisions (d) and (g) where it finds that nature of the proposed operations are such, that the requirements of such provisions are not necessary for a proper consideration of a permit application. I. Upon approval of this application the Town Clerk will issue a permit to the applicant. Such permit shall be available for inspection at any time, upon request. Q Examined .................................................. 19....... Approved ................................................................ Disapproved ........................................................... Conditions, if any ................................................................................................................................. .................................................................................................................................................................. ................................................................................................................................................................. Examining Body ..................................................................................................................................... Signatureof Chairman ........................................,................................................................................ APPLICATION IS HEREBY MADE to the Town Board of the Town of Southold, Suffolk County, New York, for the issuance of a permit pursuant to the Laws, Ordinances and Regulations govern- ing the Coastal and Interior Wetlands, Flood Plains and Drainage Areas of the Town of Southold: d Permit requested to . ..... ...... ge 47A o 71Q 1, C,r;83»_,Ej� ....Gc?1 ........ ........ ...... ... « JOGS OCl'ar!rp.. �::...oOtrt�(. Locationof property for which permit wanted....,................................................................................ ...................... .. ...................................................5.k ......................................................... Home address of permit applicant if different from aforesaid location .............................................. ....: ....�.- .....af . . :.�s........0. ...6. ............................ Creek, Bay or Harbor fronting property . ....�!? ....................................... °�.:.....®��` C c;....�-• .....�............. .�. ........................... ............................... Size of propos./Q.......................................................``eed work: . Length ...... ,................................................................................ Width ...... ........................................................................................................................................... HeightAbove High Water ................................................................................................................... DepthBelow Low Water ...... .`............................................................................................................. Yardsto be Excavated ........................................................................................................................... Yardsto be Filled ..... ... Y., '........�a............................................................................................ Width of canal, creek or bay fronting property..0.9r . a .... ............ .......................... ......... Depthat Low Tide ................................................,................................................................................ AverageRise in Tide ............................................................................................................................. • Is this for private or business use? .......V.ny.�-;............................................................................. AreaZoning ..........................................................................................��...... .........................................pp. Manner in which material will be removed or deposited .IhLsk.......A`........... ....... ....°-......... . .......... YGf 5 1..r......` t va !1�.................................................................................................. . / o Imtended use of property . U......c�:?: /. .....W Q .......DD 4Y�!1...... ...................... G est....d- ....... ?��c.... �' ,...................................................... Written consent of owner of property, if not the same as the applicant ........................................ .................................................................................................................................................................. .................................................................................,....................................................................... COUNTY OF SUFFOLK ) STATE OF NEW YORK SS: ......... ....... ........... ................................................. being duly sworn deposes and says that he is the applicant for the above described permit, and that all statements contained herein are true to the best of his knowledge and belief; that the work will be done in the manner set forth in this application and as may be approved by the Town Board of the Town of 'Southold. The applicant agrees to hold the Town of Southold and the Board ar less and free from any and all damages and claims arising under or by virtue of said per granted. e W .�. r . .... ................ Signature of Ap I' a Sworn to before me this ... —�................ day of ....U/� 14--.-. ............ 19...2Y`" � ., �� ............... JUDITH T. OKEN Notary Public Notary Public, state of New York � No,62-0344963 Suffolk Lounr �/ l�p p Y4'Commission Expires March 19 /f is R � a,C.e Y/ i X, ,,Q ,Ja,e (, 4 S 7/C �'�`S90 Y 4" COSA 40 fa , � res � dYC �� 6 l' COMMUNITY CHURCH OF NEPONSET 51 Walnut St., Dorchester, Mass. 02122 Church offfice phone 825.1155 Minister Associate Minister D. P. BRICKLEY, PH. D. KENNETH BRYANT F" 144 Shore Ave., Quincy, 02169 November 27, 1974 7 Hallet St., Dorchester, 02122 Phone 773-9751 Phone 625-7676 Town Board Town of Southhold Southhold, New York Gentlemen, As the result of the previous hearing we had on the application that I had presented, T have revised the application and have reached what I hope will be an acceptable compromise with the Board of Health in their requirements for the additional amount of fill to satisfy regulations for the septic draining system. The problem is that I have had installed an 900 gallon septic tank with. five dranage pools. The surveyor failed to show on his original plan, the meadows, thus without knowing the Board of Health approved the plan for the septic system. The installer didnit mention any problem as he installed the system, but when the inspector of the Board of Health came to approve it, he noted that the system was too close to the meadows 50 foot instead of the 100 foot by the code. I suggested ht.-;the hearing that we probably could compromise with using 20 foot of fill and get the Board of Health waive their requirement. The 20 foot of fill would bring us to the edge of the meadow grass. There is roughly 20 foot of meadow brush. between the grass and the high ground. Someone suggested that this is technically not part of the meadow, depending on who,@s definition one may use. I have also asked for permission to open the existing mosquito ditch to maintain the flow of water to keep the meadows from stagnating and to pVeserve the ecological balance of the meadows by having a constant influx of water, This ditch would be open to approximately 3 foot width. I have appreciated all that you have done and V m anxious-"-to comply with the requirements of the Board of Health to get approval for the septic system. Thanks for your kindness. er a D. lickle DPB/sp Pe` y-o C-r-' 14 140' Ln Ld 0 ��`��-�-`� ,�} � 'OGS' ��v�\�, r•''' "'�c .�1''•-' ,..."t-l', a � �' Ak 50%r- > 'UNAUTHORIZED AL I ATION OR APDITIq" -To THIS SURVEY I SECTION 7209 0 E-F V101,09N()F H EDUCATION LAW �—CQEIES OF THIS uRZ NEW YpgK§TAlg VEY MAP NOT HARING SU'V dR'S INKED SEAL QEMBOSSEDOR SEAL-HALL NOT BE CONSIDERED TO BE A VALID)TjbE Copy. OU ARM DItATED HEREON SHALL RLk4 LY TO rn, E60N FOR W)jQM 45 PPEFARri), 16 ON nS AWAJ M; SV, CC-tAFAWY 1,G um O'V-'&RN'AqN,TAt A,SiL"hJls MV fJ7(UjTjlC)N jW,E M.R 'T'D rm Aa!s� A,0 -V OF THE jgblDlo L;a," 'W'0,5 Al�,Wx IM Am 0 aw t4w J�Z O'�. 4 owtmm- CC)y! '7 A -4 A 7- t7,7 Ma 5 735 b, /V,o Ac r c r w a .f, C� PS e-c- 1le v k'�� I - _ Y Public Hearing - Southold Town Board - August 27, 1974 Councilman Homan read the Notice of Hearing. NOTICE IS HEREBY GIVEN that a hearing will be held by the Town Board of the Town of Southold at the Supervisor' s Office, 16 South Street, Greenport, New York, on the 27th day of August, 1974 at 7:30 P.M. in the matter of the appli- cation of Rev. Donald P. Brickley for a permit under the provisions of the Wetlands Ordinance of the Town of Southold for the purpose of excavating and filling portions of his property at 75 Broadwaters Road, Cutchogue, New York. All persons interested in said matter shall appear at the time and place above specified and will be given an opportunity to be heard. Dated: August 8, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD ALBERT W. RICHMOND, CLERK Proof of publication was presented from the Suffolk Weekly Times and the Long Island Traveler - Mattituck Watch- man. Proof of posting was presented signed by the Town Clerk. The following letter was presented from the Board of Town Trustees of the Town of Southold. Gentlemen: The Board of Southold Town Trustees recommends the disapproval of Wetland Application No. 17 by Rev. Donald P. Brickley, 75 Broadwaters Road, Cutchogue, New York. The benefit of additional fill, which the applicant states is required by the Board of Health, would be offset by the additional size of the drainage ditch requested by the applicant. /s/ Alvah B. Goldsmith, Chairman Board of Southold Town Trustees The Southold Town Conservation Advisory Council dis- approved the application under signature of Frank A. Kujawski, Jr. as Chairman because of being one-half wetlands with spartina patens and standing water at low tide. Supervisor: You have heard the reading of the notice, description of the property, the legal notices as published in the papers, the posting by the Town Clerk, the position of the Southold Town Trustees recommending denial, the position of the Southold Town Conservation Council recommend- ing denial. At this time, is there anyone who wishes to speak in favor of the application. c Hearing -2- Augi 27, 1974 Rev. Brickley: I am the applicant. In 1970 I bought this piece of land which comprises a little more than three acres of ground at the corner of Broadwater and Skunk Lane for the specific purpose of building a summer place for my wife and, hopefully, having enough left on the land for one of my children to build a place. It is a do-it-yourself project. My wife ' s second cousin decided he wanted to build a new house. The old house was adequate for our needs so we moved his house to our property. I sought application for the septic system and the surveyors failed to notice on the plan that about 3/4 of this land was meadows', and the Board of Health gave permission for the sump and the five-pool system. The installers installed the system without recognizing there was a problem. We did not know we had a problem until the Board of Health came out and said we were too close to the meadows. We are about fifty feet from the meadows. The septic system sits about fifty feet away from the meadows. Mr. Villa suggested that I petition through the Wetlands Ordinance for filling. He asked to petition for fifty feet of fill to meet the required condition of one hundred feet from the septic system to allow the drainage. That meant the petition is looking for fifty feet of fill in the wetlands. I have since talked to Mr. Villagabout a compromise. He said if you can't get permission to fill, if you could get permission for about twenty feet it would be possible probably to get a variance from the Board of Health to allow for a seventy or seventy-five foot drainage instead of the one hundred feet required. We are kind of coming with a compromise asking instead of fifty feet maybe twenty feet to the edge of the grass be considered. The other point is we open the north- erly ditch to allow for the flow of water to keep from getting stagnant. I think it should not interfere with the balance of nature at all. I am of the opinion and have been told that this is necessary to maintain the meadows so I am asking that the mosquitoe ditch be opened. I think that is my case. If anyone has any questions I should point out that the man I bought it from originally planned to open it up and build nine houses which would be impossible with today' s ordinance. I am only interested in building a summer home, it is there already. I pray you would consider this petition and grant it if you see possible. Irene Cokkinos: I am in favor of this proposal, also. I think it would alleviate the insects in the area if he were to dig up the ditch and it would enhance the area also by seeing the water, the channel for the boats to go through. Stanley Waimey: I want to express myself in favor of this. The twenty foot amended request if reasonable. I know when he bought the property there were nine pieces. He consoli- dated it into one parcel. Although it is true under the present ordinance, at that time it was possible to fill and use it. He bought it in good faith not anticipating this would happen. It can happen to somebody who purchases property and the ordinance is changed later. The require- ments of the Department of Health are extra cautious. I { c Hearing -3- Aug t 27, 1974 know they don't require one hundred feet because there are many cesspools and wells as close as fifty feet apart and there are many properties which have cesspools which are very close to the wetlands. I think the safety factor here, I don't think there would be any contamination. Supervisor: You are talking about an amended amount of footage. We have reports from our Town Trustees and our Town Conservation Advisory Council recommending denial of this application based on what was submitted to them. They do not have this new figure you are discussing tonight. Rev. Brickley: I wasn't aware this was a possibility. I knew the committees had denied the petition. He said try for a compromise. Then perhaps they could give a variance for their one hundred feet. That came up just this week. If necessary, I can make a new petition. Supervisor: We lean on our committees and they haven't had the opportunity to discuss this. Perhaps if they knew what you are telling now they would look at it in a different light. You could withdraw this application and let the Town Trustees and our Conservation Council study what you are talking about tonight because we are talking about two different things. I am not saying they will go along with it, but it is new information. Rev. Brickley: I think that would be advisable under the case. Supervisor: We will proceed with the hearing and at the end if you feel you would like to withdraw and re-apply you can do so in writing. Is there anyone else in behalf of supporting this applicant? Hearing none, is there anyone who would like to speak in opposition to granting the application? Lorraine Terry speaking on behalf of the League of Women Voters of Riverhead-Southold and the North Fork Environmental Council, Inc. : The applicant owns 3.09 acres on a marsh off of Broad- waters Cove, which the Town Tax Map still shows as subdivided into nine lots, each with access to a non-existent channel from the creek through the marsh. Applicant' s permit from the Health Department for wells and cesspool was granted, based on a map which did not show the proximity of water. When Health Department inspection was made, however, it was determined that the specifications for location of cesspools 100 feet or more from water were not met, and that filling would be required to bring the situation into conformance with the regulations. This Hearing is the result, but this information has apparently not been relayed to the Town Trustees by the Health Depart- ment of Suffolk County nor by the applicant. Since the house appears to be occupied, we question Hearing -4- Aug 27, 1974 whether a Certificate of Occupancy should have been issued. The application to the Town Trustees for a permit to fill shows no lot lines whatsoever, but does delineate the marsh whichpprobably occupies about half of the three acre site. Since there are no lot lines in evidence, we assume that applicant does not intend to subdivide the property, in which case the applicant could have and should have placed his cesspool in such a position as to conform with Health Department regulations, including placement 100 feet or more from water. Inspectionoof the property would indicate that this could have been accomplished by placinthe cesspool on the upland area along Broadwaters Drive not Broadwaters Road, as is on the application) . Applicant states on one page that he will fill 160 feet by 50 feet. On another page he states fill to be 150 feet by 50 feet. No elevations are recorded on this map so the figure given of 525 cubic yards of fill is impossible to confirm. Applicant states that four feet of will will be used, and he evidently expects to use fill from the marsh, since he is also applying to widen the very small existing mosquito ditch to a width of five feet which just possibly also would give him access to the creek for a small boat if he were allowed to extend this oversized mosquito ditch onto the property adjacent easterly. We consider this request to be clearly excessive. To sum up: 1. Excessive damage has already occurred to marsh and wetlands in this area from dredging, filling and bulkheading. 2. Application to the Health Department of Suffolk County was apparently defective in not accurately representing the property. 3. Extension of an area of upland into a marsh or wet- land to correct such a deficiency should not be permitted. 4. Not all pertinent information has been relayed to all governmental units involved. 5. There appears to be adequate land space available within the three acres for proper placement of cesspools by using the property which extends along Broadwaters Drive (which applicant calls a Road) . 6. Protection for the citizens of the Town from pollu- tion and dimunition of our productive marshes must override a hardship which might possibly exist for an individual. Health Department regulations and Town regulations exist and are based on the protection of the health and wel- fare of all the people of the Town of Southold. We recommend denial of the application for the above reasons. /s/ Jean H. Tiedke /s/ Loraine S. Terry Hearing -5- Augu 27, 1974 Jarvis Verity: I represent the Southold Town Baymen' s Association. This gentleman says the cesspool is going to be filled within twenty feet and that will seep into the creek. When the tide comes up you are going to have tide in that cesspool. We would like to see the wetlands saved because there aren't many left in that creek. Most have been filled in and we are losing alot of wetlands and we are going to lose our fishing. Ms. Tiedke: This possible pollution from cesspools is precisely what we are talking about. In this day and age when we have a population explosion and food not matching it, we cannot afford anymmore damage to any food production area in the world. It has to begin at home even in a small creek in Southold. Supervisor: Is there anyone who wishes to speak in rebuttal? Rev. Brickley: The system seemed adequate for any seepage into the marsh. There is a 900 gallon holding tank and five pools. Mr. Villagassures me if we can get a little more fill it will not hinder the marsh in any way as far as the septic system so we can get a variance. Ms. Terry: The map which we referred to is the map as turned in to the Town Trustees. I have not seen the map that the Building Inspector has, but the map the Town Trustees have doesn't show any lot division whatsoever. It shows a whole piece where the Town tax map shows nine lots. The map presented to the Town Trustees shows no lot lines whatsoever. Supervisor: There was a series of brothers that owned it and they chopped it up amongst themselves. Whether they were legitimate cut ups or not I don't know. Ms. Tiedke: The Town tax map is not up to date. Rev. Brickley: Are there two lots on the map? Councilman Homan: Yes. Supervisor: Is there anyone else who wishes to speak? Hearing none we will call the hearing to a close and a decision will be rendered in the near future. Present at this meeting were Supervisor Albert Martocchia, Councilman Rich, Councilman Homan, Justice Demarest and Justice Suter. Respectfully submitted, Muriel Brush, Secretary 1A BOA OF TOWN zRSTEES OWN QF SO LA SI7,FFOL� UN I`Y'i Telephone 516 - 765-3783 Southo d� i EqN. 11971 July 15, 1974 Southold Town Board 16 South Street Greenport, New York 11944 Gentlemen: The Board of Southold Town Trustees recommends the disapproval of Wetland Application No. 17 by Rev. Donald P. Brickley, 75 Broadwaters Road, Cutchogue, New York. The benefit of additional fill, which the applicant states is required by the Board of Health, would be offset by the additional size of the drainage ditch requested by the applicant. Very truly yours, Alvah B. Goldsmith, Chairman Board of Southold Town Trustees I I , II , STATE OF NEW YORK: SS : COUNTY OF SUFFOLK: ALBERT W. RICHMOND, of :outhold, Town of. Southold, New York, being duly sworn, says that he is over th3 f I+ age of twenty-one years ,that on the 20th day of August 1974 , he affixed a notice of which the annexed printed notice • I, is a true copy, in a proper and substantial manner, in a most z public place in the Town of Southold, Suffolk County, New York, to wit:- Legal Notice - Wetland hearing Donald P. Brickley - 7 :30 P.M.-August 27 , 1974 Town Clerk Bulletin Board, Town Clerk Office Main Road, Southold, L. I . ,N,Y. Sworn to before me this ✓L�� Albert W. Richm nd, Town Clerk i 20th day of August , 19 74 otary Public JUDITH T BOKEN ;i Notary Public, State of New York / Il No 52-0344963 Suffolk Count Commission Expires March 30, 19 I ' i� 11 �� I �y NOTICE 6F HEARING NOTICE IS HEREBY GIVEN j that a hearing will.be held by the Town Board of the Town'of_ - Southold at the Supervisor's IOffice,- 16 South .Street, Green- !port,'New York,on the 27th day of COUNTY OF SUFFOLK. 1 'August, 1974 at 7:30 P.M., in the Imatter of the application of Rev. STATE OF NEW YORK, ss ,Donald P. Brickley for a permit J under the provisions of the S$U3T'$ C DOr°mari Wetlands Ordinance>of the Town • • • • • • • • • • • • • • • • • •®• • • • • . - • . • • . . . . . . . . . being duly Sworn. {of Southold -for the purpose of , h2 (excavating and filling portions of says that is Printer and Publisher of the SUFFOLK ;his property at-75 Broadwaters WEEKLY TIMES, a newspaper published at Greenport. in said +'Road, Cutchogue, New York. All persons interested in said; county; and that the notice, of which the annexed is a printed matter shall appear at the time- and imeand place above specified and copy. has been published in the said Suffolk Weekly Times will be given an opportunity to be heard. once in each week. for . . • • One ) weeks 'DATED: August 8, 1974 ' 1 BY ORDER OE THE successively Co ___ ___cmg on the . . . . . . . . . . . . • . • . . . • . �. �h SO,UTHOLD TOWN BOARD us t 9 4 ALBERT W.RICHMOND' day of . . . TOWN CLERK Sworn to b75! day of LAWRENCE TOWNSEND PUBLIC OF NEW YORK Resi ing n Suffolk County Clks No. 52-9366350 19y Comm ss;cn Exaires March 30, 19 . I T ^f Town Of Southold Town Clerk's Office Southold, N. Y. APPLICATION FOR WETLANDS PERMIT Application No. ..... ..........;,,(:...... Date of Application .....day.,...1.1...L9.7A.................. Identity of Applicant ..........Rev....Donald. . . ..P. Brickley...... ...... . .. ... ... .. ................ ............................................................... Address of Applicant 75 Broadwaters Rd. (Cor Skunk.Lane--Bay Ave) ............................................................ .................................... INSTRUCTIONS FOR PERMIT A. This application is to be completely filled in by typewriter or ink and submitted to the Town Clerk in quadruplicate, accompanied by writter permission from the owner of the property if not the some as the applicant. B. Pilot Plan must be drawn to scale on the reverse side of this application showing the location of property, the names and locations of owners of adjoining properties, and a detailed description of proposed project. (Note: Copies of the Pilot Plan may be made by a copy machine and attached to the Permit Application.') Qs— -�"7 1'"Or C. No operation shall be initiated by the applicant until all permits that are required are issued. D. A detailed statement of the rehabilitation and proposed condition of the premises after the work is completed must be given, including a survey if required. E. If permit is being sought for a more sizeable excavation than the construction of a private single dock or jetty, then this application must be accompanied by a survey and topographical map certified by a registered land survey or Professional Engineer. The horizontal control of survey shall be based upon an approval local coordinate system. The vertical control for elevation and sound- ings shall be based upon United States Coast and Geodetic Survey and/or United States Geological Survey datum. OZ-0- s'c�*,O-ev V–ar reef-A) F. A statement must accompany the application describing any known prior operations conducted on the premises in question and whether any prior licenses or permits have been issued to erect structures or to dredge or deposit fill on said premises and whether any such permits or licenses were ever revolted or suspended by a governmental agency. G. A filing fee-of $25.00 shall accompany the application. This filing fee includes one inspection, there is a $5.00 fee for each additional inspection. H. The Town Board upon request of the applicant for a permit, may waive in whole or in part, the provisions of Article ll, Section 210, subdivisions (d) and (g) where it finds that nature of the proposed operations are such that 'the requirements of such provisions are not necessary for a proper consideration of a permit application. I. Upon approval of this application the Town Clerk will issue a permit to the applicant. Such permit shall be available for inspection at any time, upon request. Examined ....... . ........................................ 192, Approved ................ ........................................, Disapproved ..................... ... .. ..... Conditions, if any ................................................................................................................................. .................................................................................................................................................................. Examining Body ...... ............ .................................. .............lslrf !...aa.... ..... ......... Signatureof Chairman ... . . .. . .., . ..... ... ............................................. APPLICATION IS HEREBY MADE to the Town Board of the Town of Southold, Suffolk County, New York, for the issuance of a permit pursuant to the Laws, Ordinances and Regulations govern- ing the Coastal and Interior Wetlands, Flood Plains and Drainage Areas of the Town of Southold: Permit requested to ...........,fill 50' of meadows: to comply with .request.,of..the....... .. ...... board of Health for drainage for the septic system.To open existing .................................................................................................................................................................. mosquito ditch. Location of property for which permit wanted........... } 75 Broadwaters- car skunk Lane ( Bay Ave) ................................................................................................................................................................. Home address of permit applicant if different from aforesaid location .............................................. ............................144..ShaxP-...Aus......Rui.ncy.'..Maa.s.....0 216.9............................................................... Creek, Bay or Harbor fronting property ...............Broadwaters. . . . . ............Cove. .. . . ......... . ... ................................................ .................................................................................................................................................................. Size of proposed work: 160' Length ....................................................................,................................................................................ Width .....................................50.'........................................................................................................... HeightAbove High Water ...........4.......................................................................................................... DepthBelow Low Water ......................................................................................................................... Yardsto be Excavated ........................................................................................................................... Yardsto be Filled ...................525.......................................................................................................... Petrucci property approx. 15' x 156' Widthof canal, creek or bay fronting property................................................................................. (creek next to Petrucci property) Depthat Low Tide ................................................,................................................................................ AverageRise in Tide ............................................................................................................................. rivate Is this for prig ate or business use? ............................P ......................................................................... - AreaZoning ............................................................................................................................................. Manner in which material will be removed or deposited .......trucked..........................................••• .................................................................................................................................................................. Intended use of property to..comply. ..with. ....board.. ..health..health..requirement. ..................... .... ........ ... .... .... ........ .... ............ .................... . to provide for 100` drainage for septic system. .... ......................................................................................................... ................................................... Written consent of owner of property, if not the same as the applicant ........................................ .................................................................................................................................................................. .........4................................................................................ ....................................................................... COUNTY OF SUFFOLK ) STATE OF NEW YORK ) SS: ...Rev... . . Donald..P....Brick.l.. ....................... e� ................................... being duly sworn deposes ...... ............ .. . .......... . .. and says that he is the applicant for the above described permit, and that all statements contained herein are true to the best of his knowledge and belief; that the work will be done in the manner set forth in this application and as may be approved by the Town Board of the Town of 'Southold. The applicant agrees to hold the Town of Southold and t n Board harmless and free from any and all damages and claims arising under or b 'rtu f s id permit, if g n . ......... Signot aerV ofD'bff edagt is ey, owne it- Sworn to before me this ......(.A..... ................ day f ... ... 197�1'�.L. r Nota ubli This is a request to fill 150' x 50' of meadows as per the request of the board of health to allow for drainage of septic system. Permission is also re- quested to open the existing mosquito ditch to gain proper drainage and mosquito control. ) (see enclosed survey map) �S � y - ---- .�..,-.,....�.. ..._..�....>..�«..�.. ....►__-...-__.-ter_....._,,.._ .��...._d._..t.____•.�.-�.•e..__.•...,._.... —, • EE ' �YICXYG t i-!' } �CS }CJ`..1 Yt v", � i _ `1Pe4Yl,ccl ' kd -' Lo 150 59 (�} � 140 - � I UNAUTHORIZED AL E i \ TO THIS SURVEY ATION OR ADDIi10N FDCTIO ON L9 OF TI.,0 i E NEW YORVIOLATION K SOTAic * CIES T'H. � ,`_ THE OPLAND SUgV RVEY MAP NOT BEARING C E OR EMBOE S VALID A S INKED SEAL SI HALL NOi BE CONSIDERED 5:J EJE COPY, GUARANTEES I DI)CA7ED HEREON SHALL PLN � C ONLY T- Thl� E SON FOR WHO IS PREPARED, , M THC = �` iI7LE ON HIS BEHALF i0 iH6 „ O COMPAI Y G, v NTAL LENDING INST i 710 RNME AGENCY Ar`7G i Z 70 THE ASSI NfiES P ' TED HCRCON,Alyp TUTIOI.. GU P.ANTEES FgRF L::DING INSTI- L k (1 TO ADD.71G Si:CS717 NU7 r API5FER,4gU ®y,,xEazs urlorls®u sSIBSESjIJFNi vU(G0 K t1'• ScGrf� Tao � _ � N ---------� �___.__-- ---.- - - 1 -______•--- --____-_--� Tis �' r-�,�°�.�' y ,W "` �,} ( eft�� •./�r\A rtr ! fwr' �O� \.�.Mr.Z V`!'<. t,�r( d Y.+i 1�+•' X� .tel T ,', -/i7 q 4. �'��"'t>te'�!•C?�'r G?� �• � ��'7" Gf ./ P CJV 1 X11^�`' hl.'1h 1,va el r ;/Y avk / f a _VeA_ -��•`t `S� L"(f Ale Vl/ °rte >r ,' LEGAL NOTICE NOTICE OF HEARING _ NOTICE IS HEREBY GIVEN that a hearing will be held by the Town Board of the Town of Southold at the Supervisor ' s Office, 16 South Street, Greenport, New York, on the 27th day of August, 1974 at 7 :30 P.M. , in the matter of the application of Rev. Donald P. Brickley for a permit under the provisions of the Wetlands Ordinance of the Town of Southold for the purpose of excavating and filling portions of his property at 75 Broadwaters Road, Cutchogue, New York. All persons interested in said matter shall appear at the time and place above specified and will be given an opportunity to be heard. DATED: August 8, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD ALBERT W. RICHMOND TOWN CLERK PLEASE PUBLISH ONCE, AUGUST 15, 1974, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO ALBERT W. RICHMOND, TOWN CLERK, TOWN OF SOUTHOLD, MAIN ROAD, SOUTHOLD, NEW YORK. Copies to: The Suffalk Times The Long Island Traveler-Mattituck Watchman Rev. Donald P. Brickley COUNTY OF SUFFOLK ss: STATE OF NEW YORK } , ,� being duly sworn, says that he is the EditofA 0 THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the.annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- NOF HEARING EARING man once each week for .... `r . .s :...��/.... weeks % NOTICE IS HEREBY GIVEN a t 'that,a hearing will be held by the' successively, commencing on the ............. r�^............... ` Town Board of the Town of ' { Southold at the S'upervisor's Of- day of ..........1 19.4. flee, 16 South Street, Greenport, New York on the •27thr'day of August, 1974 at 7:30 P.M.'•rin'the• �. i+'1'•" .. ........................... .......(.............. .. ......................• 'matter"of the application of Rev. `j Donald P. Brickley for a permit "under the, provisions ,of Jtfie_ Wetlands Ordinance of-{he To 'err r bf Southold for 'the purpose and fillip Sworn to before me this ...... ............. day of • , of— excavating g portions'of �'�. his ,property 4,t'7S Broadwaters „ Road; Cutcho u,e., New York. ➢ 194.4r. ALL persons-i'n'terested in said matter,shall appear at,the time and place above specified and will be given a'n' opportunity to be 1 heard. ' TED: August 8, 1974' , ` No Pub13c Bx,ORDER OF,THE 1, SOUTHO,LD TOWN BOARD ALBERT W.RICHMOND TOWN CLERK ADELE PAYNE 1T,RAS Notary Puhltc, State of New York Residing in Suffolk County No 52-3041000 Comm;ss,on Expires March 30, 197_' i sy6 NOTICE OF HEARING NOTICE IS HEREBY GIVEN 'that a hearing will be held by the COUNTY OF SUFFOLK, Town Board of the Town of STATE OF NEW YORK, SS: Southold at the Supervisor's Office, 16 South Street; Green- Stuart C . D®Y'Ii1aY1 port,New York,on' 27th,day of i . . . . . . . . . . . . . . . . . . . . . . being duly Sworn, August, 1974 at 7:30 P.M., in thel �e matter of the application of-Rev.f says that . . . . . . . is Printer and Publisher of the SUFFOLK Donald P. Brickley for a permit) WEEKLY TIMES, a newspaper published at Greenport, in said under the provisions- of the Wetlands Ordinance of the Town count 'of Southold for the purpose ofd ,y' and that the notice, of which,the annexed is a printed excavating and filling portions ofl , has been published in the said Suffolk Week Times his property at 75 BroadwatersI py, P by Road, Cutchogue, New York. once in each week, for . one .(�). , weelm All persons interested_in said ' ' ' ' ' ' ' ' ' ' ' ' ' ' matter shall appear at the time successively co on the . . . . . . . . . . . .3.5.$ 1. . . . . . . . . and place above specified and - - will be given an opportunity to be day of . . . . . . St 9 74. heard. ' .DATED: August 8, 1974 . . . .. . . . . . BY ORDER OE THE SouTHOLD TOWN BOARD. Sworn to before a this ALBERT W.RICHMOND jday of u t 7 —=----TOWN CLERK' . . . . . J jOSEpM•LA)AIR.EN.CE.T.Q\NWRQ . . .. . . . . . NOTARY PUBLIC OF NEW YORK Resi mg in Suffolk County Clks. No. 52-9366350 My Commission Expires March 30, 19 /I COUNTY OF SUFFOLK STATE OF NEW YORK } ' C-, being duly sworn, says that he is the Editor, of LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been F' NOTICE OF HEARING NOTICE IS HEREBY GIVEN published in said Long Island Travel er-Mattituck Watch- that a hearing will be held by the i > j Town Board •of_the Town of �, man once each week for .....Cfa ....�L. ,� weep t . ..�,. Southold at the Supervisor's Of- fice, 16 South Street; Greenport, successively, commencingon the /��j New'York on the 27th `day of .............. ....................... August, 1974 at 7:30 P.M., in the day of .......... - , 19 f l matter of'the application of Rev- Donald l Donald P. Brickley for a permit {under the provisions of the / 9 Wetlands Ordinance of the Town """ """""""""" " '•••••••••••••••••• 1 of Southold—of r t�purpose of r excavating and filling portions of his property at 75 Broadwaters Road, Cutchogue, New York. / ALL person$rm'terested in said Sworn to before me this ...... ...4`�........... day of matter shall a'p'pear at the time, and place above specified and will ....O—Z be given an opportunity to be heard. DATED: August 8, 1974 i BY ORDER OF THE ` i SOUTHOLD TOWN BOARD ' ALBERT W.RICHMOND ••• ••• •• �••••••••••• TOWN CLERK Notaay Pub I 1T,a/15 ADELE PAYNE Notary Public, State of New Yort, Residing in Suffolk County No 52-3041000 Commission Expires March $0, 1976 OFF jr, ERK �' lull, ERT W. RICHMOND `�" !� TELEPHONE TOWN CLERK �� 4w7,.. �¢,1,� 765-3703 'ISTRAR OF VITAL STATISTICS S❑UTH❑LD, L. 1 , N. Y. 11971 May 14, 1974 Supervisor Albert M. Martocchia 16 South Street Greenport, New York 11944 Dear Mr. Martocchiao Transmitted herewith is application No. 17 for a wetland permit submitted by Rev. Donald P. Brickley. ' Copies of this application have been' forwarded to the Board of Town Trustees and Conservation Advisory Council for their report of findings and recommendations . Very truly yours , Albert W. Richmond Town Clerk ',iii'��'..��s.'7�`F.';i`'i''s`c„`.i''M'='r�Y ry'r�, ,',s}Yy,,]? •ff�"^'r F,F:, ''C ".r.4M I'' � ?;'v rv._ -^,n r•, `o- ."�i"'•f,f '( a 4^,t •,lii r c:�..> 0 i iT. :-Il��'I.,?%,�- `I1' ,i .>ir'I','�°- i,Y• r>f.}',-7i.a.ii.'i'd��t. .,4x'i:��ity. h,v y