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HomeMy WebLinkAboutSamuels, Thomas ^1Y l,iJ rip S'Y 4�,:�.�1.1 8�1 • .I r 9��,�,��K�LL � TOWN OF SOUTHOLD TOWN CLERK'S OFFICE ;+ SOUTHOLD, NEW YORK WETLANDS PERMIT This Wetlands Permit No. ........... has been granted by the Southold Town Board according to -_• _ r.-.-,:_i_,� : R-_._czr.•_,_ nl X17 r:i�� I-.,. A !: � T�inmac F Cam►1Alc ii�ivin�diiull Iw�ublieu ill �NNu�,auUYl �VCi. ..-.e.t............. imed uy r-%Np1ican�•..ti a,.,.,,...................,..C....... ... I.................................... on ...•1.411y...9............... 19.$4..... 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 Construct,a„concrete„rip„rap, wall,; (re„vetment)....... and removal of piling and debris from below mean low water mark. ............................ ........................................................................................................... ................................................................................................................................................................. Location of property on which work to be done .....NaitrQWsRiy_er Road rOrient ,,.,.,.,+ ..................................... ........................... ....:. ..........................................................................................................................................::..::...:............. .......................................................................................................................... .i'...L. ...` ............... :�`. .. Creek Bay or Harbor fronting property Hallocks Ba ....................... ,•; f,. i 1' r ! ......`...........r................................................................................................... 7 ..... \. :.... Size of work: Length ...340..ft:...±........................................................................... j��....r::.. . .... Width ....6..ft........................................................................................................ .... Height Above High Water varies from 8 ft. to 16 ft. above MHW ,,, .............................................................................. Depth Below Low Water ...........--.:....................................................................... Yards to be Excavated ..............none................................................................................ Yards to be Filled .....none........................................................................ Manner in which material is to be removed or deposited crawler loader will„place material. ' .... ............ ..... ...Hydraulic..payement breakers to size concrete,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,....... ......................................... Intended use of property ......Residential................ .................................................................:..... .... ................................................................................................................................................................. Conditions if any .........SEE REVERSE §...................................................EE REVERSE ...................................................................................:............................................................................. Expiration Date ..September 70r„1986„if work has not by,,,sad„dater,,,,,;,,,,, .... .... ..... ..... Number of Inspections Required .......2 - Town Clerk to„be,notified„when„project, 'P„rQmRjeted. ..... ..... ..... _ ......................................................... Inspection Fees .�5r.QQ...... .....1...�....................................... :.... Liability Policies in the Amount of --- ......................................................................................................... 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 here- under 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 under- taken 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 indemni- fy and save harmless 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 operations are being conducted to make such inspections as the Town may deem necessary to insure dial such operations aoe being coa- ducted in conformity with this permit. This operation will not substantially: A. Adversely affect the wetlands of the town. B. Cause damage from erosion, turbidity or siltation. C. Cause saltwater intrusion into the fresh water resources of the town. D.'. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege- tation or the natural habitat thereof. "E. Increase the danger of flood and storm-tide damage. " F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town. G.` Change the course of any channel or the natural movement or flow of any waters. H. Weaken or undermine the lateral support of other lands in the vicinity. I. ' ' Otherwise adversely affect the health, safety and general welfare of the people of the town. Signed town�MfSouZld ........ lwn Clerk r ' <�E A L•1) �> Date. September 10.1985 ......... .... ................... ........,.......................... . ' CONDITIONS: The construction, of the revetment shall be no higher than the existing grade; no backfill shall be placed behind the revetment; sufficient open spaces are provided in the rip rap so it does not become a concrete wall; removal of the piling and debris from below mean low water mark as provied in the application; the area in front of the revetment is planted with spartina grasses and a report on the success of the plantings of this salt marsh is to be given to the Board of Town Trustees one year after the planting of same. This permit shall expire on September 10, 1986 if work has not commenced by said date; there shall be two inspections required; and the Town Clerk" shall be notified when the,project is completed., ` c47 Town Hall, 53095 Main Road ® P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 13, 1985 Thomas E. Samuels Haywaters Road Cutchogue, New York 11935 Dear Tom: The Southold Town Board at their September 10, 1985 approved your Wetland Application. . Upon receipt of $5.00 inspection fee your permit will be forwarded to you. Very truly yours, Judith T. Terry Southold Town Clerk Town Hall 53095 Main Road - �- P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY - TELEPHONE TOWN CLERK - (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 13, 1985 To: Board of Southold Town Trustees Bay Constable Donald Dzenkowski - From: Judith T. Terry, Town Clerk Transmitted herewith is Wetland Permit No. 177, Thomas E. Samuels. Two inspections are required of this project. r � a PUBLIC, HEARING SOUTHOLD TOWN BOARD AUGUST 27, 1985 3:30 P.M. IN THE MATTER OF THE APPLICATION OF THOMAS E. SAMUELS FOR A WETLANDS PERMIT ON CERTAIN PROPERTY AT ORIENT, NEW YORK. APPLICATION NO. 212. Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: This is a public hearing on the wetlands application of Thomas E. Samuels. The legal notice will be read by Councilman Townsend. COUNCILMAN TOWNSEND: "Notice is hereby given that a public hearing will be held by the Town Board of the Town of Southold, at 3:30 P.M., Tuesday, August 27, 1985, at the Southold Town Hall, Main Road, Southold, New York, upon the application of Thomas E. Samuels for a Wetlands Permit for permission to construct a concrete rip rap wall (revetment) on certain property located on the west side of Narrow River Road, on Hallock's Bay, Orient, New York. All persons interested in said matter should appear at the time and place above specified and they will be given an opportunity to be Beard. Dated: July 30, 1985.' Judith T. Terry, Southold Town Clerk." . We have an affidavit of publication, in The Suffolk Times and The Long Island Traveler-Watchman. I have an affidavit from the Town Clerk that it was posted on the Town Clerk's Bulletin Board. We have the following recommendations on this issue: From the Conservation Advisory Council: "Resolved to recommend to the Southold Town Board approval of the wetland application of Thomas E. .Samuels to construct concrete rip rap revetment composed of on site concrete road paving and removal of piling and debris from below mean low water mark. Narrow River Road, Orient." Signed by Frank Cichanowicz, Chairman. We have the. recommendation of the Town Trustees: "Resolved to recommend, to the Town Board approval of the Wetland Application submitted by Thomas E. Samuels to construct a concrete rip rap revetment, Narrow River Road, Orient, with the' stipulation that the revetment is planted in front with spartina grasses. Also, the Trustees would like to see enough open space so that the rip rap does not become a concrete wall. Suffici*ent. inspections are to be made to see that the bottom of Hallocks Bay is not invaded and that the navigational structures could be removed for the public betterment as maintained in the application." That is all we have in the file. I turn the meeting back over to you, Frank. Page 2 --aSamuels - Wetl",.1.._s SUPERVISOR MURPHY: Okay. At this time I would like to ask the applicant--I believe Tom, would you like, to make a statement to the Town Board? THOMAS,.E. SAMUELS: I believe this hearing is for the rock rip rap revetment and I hope if you confine it to that, although I have my doubts. I have--we just finished a quarry stone revetment in Southampton, which is identical to the proposed structure in Orient, except that in this case it's quarry.-"stone instead of on-site concrete slabs and rubble. These photographs are available for anyone who wants to look at them. You'll have a very good idea of what the finished structure looks like. It's almost an identical appearance. There are spaces between the stones: The purpose of that is to absorb the k<i.neti&energy of any waves that come on shore and dissipates them to some extent. For that reason these'structures are._ favored by most environmentalists, visna-vis vertical face walls or bulkheads. I did not have these photographs in sufficient time to-have them in the folder, but they're available to anyone who would like to look at them and essentially that's all l have to-say. It's been going on so long ,now. I would, of course, like to get on with this project. The site hasn't improved as far as the inhabition of the wetland marsh there, to recover because of the debris on site. Someone may make the comment today that I'm doing this soley to increase the salability of the product and it is,, an imperfect world and probably, that is a;�.good reason why 1 am doing it. In addition, however, the presence of a deteriorated waterfront structure like- this is quite frankly abhorent to me from a humanistic standpoint. One of the problems we have in Southold Town, in fact all these five eastern towns, are structures that were permitted years ago that have undergone deterioration and there is a complete absence in all our regulations, state, federal and local, for either removing these structures or main- taining these structures or reconstructing these structures. As a result you find situations like Sterling Harbor in Greenport, which has been cleaned to a large extent by various projects, but which still has a number of structures which really look very poor and which are doing -a_,great deal of damage to the ecology of the body of water that they're on. The Corps of Engineers does have the authority in their permits to have the structures removed® I've yet to see it enforced, however. It evidentially is a sticky legal problem. In any event I'd like to get on. with it. I think it's a good project. , I know there's a great deal of difference of opinion about the subdivision of the lot, but 1 think that's another matter.which has been addressed by the Planning Board and will be addressed by the Planning Board again. Thank you very much for your patience. SUPERVISOR MURPHY: Thank you. Is there anyone else in the audience who would like to speak on behalf of this applicant? (No response.) Is there anyone in the audience who would like to speak in ,opposition to this application? Yes, ma'am. FREDD_IE WACHABERGER, Chairman of the Orient Association's Committee for the Preservation of Hallocks Bay: Of course we have voiced our considerations about this before and not really the rip rap revetment per se because we don't feel that it is severable from the general idea of any 'development on the shore of Hallocks Bay. It's something that we're very much trying to stop as much as possible, and a great deal of the circumference, as you know, -of Hallocks Bay is already owned by the Nature Conservancy or by the Town and is being kept as a nature preserve and we're very concerned that any interruption of the continuity of that preservation can have very serious affect on the ecology,..and,,, I think other people today will speak Ion this as part of, the general problem of development of the circumference of Hallocks Bay, I would like to address really two concerns that I've._haddabout_this specific project. The rip rap revetment. We have been assured by the finding of the Town Trustees that the bay bottom will noVbe disturbed. That's one of the stipulations. Page 3 -'Samuels - Wetla_,__% I'm really not informed about how this kind of clean-up work is done, and therefore-- particularly since 1 think we've gotten super sensitive since the problem came up with the dredging survey of Hallocks Bay which, as you know, the Orient Association and the Baymens Association is very, very strongly opposed to any contemplation of dredging that bay. I feel that I really would like to have assurances that any of this clean-up work can be done from the land and without bringing in any kind of dredging equipment or equipment in the water that could disturb that fragile balance that exists at the moment, particularly in regards to the shellfish. My second concern--I will be interested in seeing this photographs. . I have been particularly very concerned about the aesthetic aspect of this. 1 do have photographs myself which show the ruins as they exist today. I think we find them picturesque rather than an eyesore. I think probably the shellfish do too, but mainly, as we discussed last time, there is no line drawn on the survey plan which shows the specific line of this 'revetment and I do understand from Dr. Samuels that that's because it will depend upon particular configuration of the shore- at the time that he intends to build it, but there are stakes there and 1 have taken some photographs putting a yellow yardstick at the point where the stakes exist to show that there is indeed very little difference in grade between the bay side and the land side elevations on that property and so I would feel a lot more secure that the aesthetic effect of this---if I knew what the choice was of the height of this revetment, assuming ,it will be the same height across above high water and want that so we can get an idea of what that will look like in terms of the existing land, because at the moment when I look at this land to my eyes an earth dike planted would be aesthetically a lot more acceptable. 1, know that has been discussed before as an alternative and I know Dr. Samuels has given a lot of reasons why an earth dike isn't as good, but from an aesthetic point of view it seems to me if one imagines the revetment in this particular location and given this particular elevation 1 think an earth dike would be aesthetically more acceptable. I will give you the photographs. (8 photographs submitted for the file®) Thank you. SUPERVISOR MURPHY : Thank you. Okay, is there anyone else over on the left? Sir. MR. ARTHUR TYRRELL, representative of the Southold Town. Baymens iAssociiation: I'm also here as a resident of Orient. I've been before this Board and other arms of the Town Board arguing' against this for perhaps the last two .years. At each of those occasions I have suggested that this should not be approached in a piece- meal matter, although I understand legally that this is the easy way to do it. I am particularly conscious of the fact that there is a complete change in the twenty years that I've owned property in Southold and for the last fourteen years, in fact, of Which I've been a year-around resident of Orient. One has seen farmland increase in value from $1500 an acre to $30,000 or more, creating great distortions in the' economics of agriculture, but has also brought in developers who are prepared to use every legality they can, and that is their right, and I'm distressed to see that here we are village pitched now into big development plans and all we do is to respond to these things which the community does not like. I feel very strongly that each of you have an overriding responsibility to the health, welfare and safety of the community. This, I do believe, should override the straight forward boiler plate legalities of the application before you. One cannot possibly argue about_ the-technicalities of building a house on this wretched site. It floods. It has only one thing for it and that 'is a great view, but 1 think a great example is its next door neighbor. The Horowiti development has now got a large lake on it. We were told' at the time that there' was no legal reason why this man could not do whatever he wanted with his property, Page 4 -' Samuels - Wetl',=__-s pwoviding the fill remained on it. Now, what have we got. We have got a distinct hazard to the welfare, safety and health of the community, particularly that of Orient. When I last went past it was totally unguarded. I do not know the acreage, but it is considerable of that pond. Kids could fall in at any moment. Presumably the, owners would be responsible, but it also, I think, would be a legal responsibility of this Town Board. As for the health, we all know that Union Carbide had to spend many thousands of dollars putting filters into almost all the houses in that area of Orient Village "because they were affected by Temik. Now, you've got these acreages in which all sorts of pollution can take place. Furthermore, you've got evaporation. I'm not that scientific to be able to tell you what exactly happens, but I do know that the fresh water lies on top of the salt water. The evaporation over. this summer must have been enormous. This is not evaporation such as the farmer does when he-irrigates and it goes right back into the ground again. This goes up and it does not come back. I'm further- more concerned with the fact that once one house is built there are going to be applica- tions for many more and this is where baymen come in. They are now an endangered species. . For..°the last year in Mill Creek, one of their best shellfishing areas, has been closed. There!s a great deal of income lost, not only to the baymen, but to the population where they spend their money here, and this is what we're again scared of in Hallocks Bay. It is not just the Horowitz property, it's what that is going, to do. It's going to pull the thumb out of the dam and it's going to simply flood you. It has to be, 1 feel, viewed as ,indeed -a much broader aspect of the health, welfare and safety and this is what,all of you are charged with. Indeed you have to see a man can do what legally he can with his own lot, but we have come to a day and age when we can take a broader view of .this. 1 do not know--I wish Mr. Tasker was here-- I'm second to none in my admiration for- his encyclopedia knowledge of local government law, but surely there is something within the body of law, particularly modern law, which prevents, for instance, this huge pond being built, which is an obvious source of hazard to the community. It is up to the Board, but I would ask you this afternoon not to take action on this. I would like all of you to think very closely of this,, perhaps consult--get Mr. Tasker to consult with his learned friends, to see if there is some way in which this can be stopped. The community of Orient, as the Supervisor and "Council- man Townsend well know, are passionately against this. The only many who is for it is, indeed.. Dr. Samuels. 1 would like to see that this is taken under advisement, legally assistance sought, if necessary, to find a way in which this project can be stopped. It is not just this project alone, but it cannot be viewed simply as this one project. Once that is passed,you know--all of you know--that there's going to 'be a dozen applications in here within months, and this is where the difficulty comes. It is not pollution from one cesspool, it is the pollution that comes such as you've got in Mill Creek, and then we've lost this money. We have polluted it. You've also got-- I would remind you--a bathing beach there.that's undeveloped, but it is very popular at this time of year--mothers taking their kids down--there's a nice sandy beach there. There is no guarantee that even with the one application that you've got there would not be some leakage as indeed there would be some disease brought forward and' these children would catch. I know it's a difficult thing. 1 feel for this Board in having to face this, but this .is the last--really the last chance we have of saving that particular bay. l argue, as l say, two points of view, one from the vested interest that the baymen have in being able to keep their livelihood going. The other, of course, is as a resident of Orient. At Friday's meeting I was glad to hear that the Supervisor recognized the three factors of their economy, aghiculture, fishing and tourism. Now all of these three are going to be affected if there's building of any sort taking°place on Hallocks Bay. As I have pointed out, there is a distortion with the increase of land values for the farmer. Certainly pollution has been--there's enough presumptive evidence right the whole length of the Island to know that the laymen have had no confidence that this will be kept clean and thirdly, you're not going to have bus tours coming out here with tourists to see the latest condominiums on Hallocks Bay. You have got all of these things to consider. You've got to consider this economic help, you've got to consider thej aesthetics of it, and I think, indeed, your political futures. Thank you very much. Page 5 -'Samuels, - WetlLi__s SUPERVISOR MURPHY: Is there anyone else over here on the left would like to,! comment? (No response.) In the middle? In opposition to this? Mr, Terry? ORVILLE TERRY, Orient: Like Mr. Tyrrell I feel as though I've been arguing against this project forever. I'm opposed to it. I think everyone in Orient is opposed to it for what I consider to be valid reasons. These are reasons which do not persuade..Dr. Samuels for some reason of his own. I don't want to bore everybody with repeating all the arguments we've all been through so many times. I think, however, there is--these have been stated certainly far more effectively than I could do it by previous speakers today and on previous occasions. I think, however, that there is an argument they made on technical grounds that ought to be at least stated--it may not be the strongest argument in the world, but let me state it. I had a chance yesterday, for the first time, to go through the file on this project, very hurredly, and I was struck by several points which I think are worth mentioning. One. is; that there were several quite persuasive strong letter's opposed to the project. I saw none in its support. Maybe I missed one. I glanced quickly through the so-called EIS for the project and I can only honestly say that it is perhaps the least responsive and the weakest EIS I've ever seen. An EIS , should be neutral. - It should not be simply a pleading for the applicant's point of view. I believe there's a requirement in Town Law that an application for a Wetlands Permit shall include a map of the property,on one foot contours made by a surveyor. If this map was in the file I didn't see it. There is, of course, a provision that this can be waived, but under the circumstances it wouldn't seem that there was any really good argument for waiving it. There is strong dispute, as has been mentioned already, about whether Dr. Samuels should present a precise detailed ; plan of this revetment. This, again, could be required if the Town Board saw fit. These are technicalities. Perhaps not important enough to be worth holding up ,the project. What Mr. Tyrrell has been telling you is, 1 think, a perfectly adequate and sufficient argument for holding up the project and giving it a great deal more careful thought and I hope that's what you'll do. Thank you. SUPERVISOR MURPHY: Thank you, sir. Is there anyone else would like to speak in opposition to the project? (No response.) Anyone else like to comment at all? Tom? MR. SAMUELS. There really isn't very much I can say about Mrs. Wachaberger's comments or Mr. Tyrrell's, because they're essentially philosophical in nature and was pleased that Dr. Terry qualified his complaints about the file. 1 think 1 better just mention there were no letters in favor of the project. I had considered originally on filing back, I guess it's going on two years, to create a cause-celebre type application. I remember when I went to some years ago--it was the Norris condominiums in Mattituck where there were a great many people opposed to the' project and they succeeded in drowning out witnesses by singing God Bless America. I don't know if there are many of you still around that remember that. I could have, in addition, loaded all the public hearings. I went to a couple of the Costello hearings. ,I don't particularly think that hearings of that nature add to the review process especially. They certainly can intimidate a board and possibly that's their intent. don't think this project is a project that has that kind of emotional fervor.- I was amazed, frankly, when the Orient Association took as strong a position as they, did and have maintained that position. They are worthy adversaries. As far as an EIS is concerned, I've read a lot of EIS's. l,ve, written a few. Mr. Terry remarked about this to me in the letter to me after the last meeting. He's asking for a perfect world. If I hire an environmental analyst to write an EIS for me, quite--he's obviously going to look at it in my direction. if the Town hires one it's going to look in'the direction of the Planning Department wants him to look. If the DEC Page '6 _` Samuels - Wet=__Js, writes an EIS they're going to look that way. You're looking for objectivity in an EIS. All an EIS can do is raise the issued and answer them. Then the public has an opportunity to comment on those issues: There were no comments to my EIS on this. It may be imperfect, but evidentially it was sufficient. The map of the property that Mrs. Wachaberger recommends and that Dr. Terry recommends is a rather difficult one-because we are going to be removing this rip rap from the shore line. We don't know the thickness of it. We don't know whether it's mounded or whether it's deep, whatever. We hope to establish-an intertidal marsh just seaward of it. Quite frankly, and I think you'll see from those photographs, the revetment construction can be controlled within a given number of feet from the upland which it's trying to protect. You can say it will not exceed--the excavation for the toe, of the structure will not exceed X number of feet. I think that's in the plans. But again isn't- that really begging the question? I will be very happy to provide the Town Board, and 1 would not objection as a condition of the permit, which you may grant me, an "as built structure". You will see that there will be no improvement in square footage of upland. There will not be. That is not the purpose of this structure. I will be very happy to, and if you like,it I'll bond it. I'll bond that statement. Survey on oned_:foot contours. There are a great many elevations on the surveys that have been submitted to the Planning Board, etcetera, the Health Depart= ment, etcetera, so on and so forth. Plenty of elevations on those maps for any, builders purpose in building the project. To answer Mrs. Wachaberger again, the elevation of the top of the revetment will follow the existing grade. There will be no increase- in the elevation of the shoreline. So I've covered the precise detail..plans and I share, at times, the philosophy that there are enough people out here. Mainly on Sunday when I try to get out on the Main Road from Eugenes Road in Cutchogue. And we all share it. But I don't feel that we can say to the rest of America, "We're here and we don't want any more." 1 don't think it works. There has to be some reasonable development. I think two acre zoning on this parcel is reasonable. I'd be happy to build one house if I thought it would be economically viable. I don't think it is. Last, and in conclusion, I had two meetings with some representatives of the Orient Association at which they asked me if I would sells them the property or a part of the property and I agreed to do so and I will do so. I'd like very; much to do so. 1 think that would be a greatee:,proof_1ofif,.)the sincerity of their feelings about the inviability of Orient, about keeping it the way it is. I have objections as a ci.`t[zen of Cutchogue to the fact that I believe that the Town Master Plan is sub- sidizing Orient with five acre zoning south of the Main Road and I wish that could be_°in the record. I know all the arguments. I know the pollution arguments. know a lot about it. The problem is that the people in Orient want Orient to stay the way it is and there's only way that can be done and that is by purchase of the land that they wish to protect and I hope they do, because that would be proof to me that they're sincere in what they want. I don't think that they should punitively-- that private citizens pay for the benefit that they perceive and that I acknowledge exists, but I don't think that we can go on with subjugating the few for the benefit of the many without any cost to the many. Thank you. I'm sorry I had to get into any philosophy. It was not my intent. -This is a rip rap revetment public hearing. Thank you. SUPERVISOR MURPHY: Thank your. Is there anyone else would like to comment? Sir. MR. TYRRELL: One correction. I did write, on behalf of the Baymen, a comment on Dr. Samuels' Environmental Impact Statement. That objected to it. -Too, I quite agree that if this matter cannot be resolved the way I think they should be, then indeed let us go into some sort of purchase agreement with him. SUPERVISOR MURPHY: Yes, ma'am? Page 7 -` Samuels - Wetlz�-...�_s MRS. WACHABERGER : I'd just like to clarify that, of course,._it's not a question of how many people come out here or keeping people from coming out here. It really is a question of preserving a very specific thing that we're talking about, which is the circumference of the bay and the unbroken ecology of that nature environment. SUPERVISOR'MURPHY: Thank you. Is there anyone else here who' would like to speak on the subject at all? COUNCILMAN-STOUTENBURGH : I want ,to ask a question. Doc, did you say at a previous hearing that there would be no fill put in back of this? MR. SAMUELS: There will be no backfill required for the construction of this revetment at all. There will be no backfill brought on the property for this purpose at all. COUNCILMAN STOUTENBURGH : For that purpose, but not for the housing or anything, right? MR. SAMUELS: I can't comment on the houses. There aren't any plans for any houses. There undoubtedly will be material required for driveway, sanitation system, etcerta, but there are no plans for that, no contemplated. The DEC permit that I have is strictly for a two-lot subdivision. Any plans for a house must be submitted to the DEC for a separate application. COUNCILMAN STOUTENBURGH : So what you're saying, in so many words, is that the wall will have nothing behind it and that's as far as you're saying at this point? MR. SAMUELS: The wall will have nothing behind it. That's this project. COUNCILMAN STOUTENBURGH : Okay. MR. SAMUELS: Except what exists there now. SUPERVISOR MURPHY: Yes, ma'am? MRS. WACHABERGER: This is a little different from what 1 heard before and it does lead me to one more question, which is how high is the wall going to be above that back land Because from what I understood from the last hearing and from clarifying that there would be no backfill, was that the wall is going to be the height of the existing upland. Now it sounds as though it will be above the existing upland, 'but Dr. Samuels isn't contemplating filling it yet and 1 would like a clarification on that. SUPERVISOR MURPHY: Do you want to answer, Tom? MR. SAMUELS: The top elevation of the revetment will follow the upland. It will _ not be built higher than the upland. In the construction of a revetment you are placing a quantity of let's use the term stone or concrete. In order to get the toe of,the revetment to an elevation sufficient to protect it from future possible scouring, you must do some excavating. In this case very little, because it's not a major , structure in a tremendously high wave_energy area. That fill will be removed, placed alongside the concrete and stone, if you will. As soon as the wall is built, it's ;just graded off. It's not going to change the topography of the land. It's not its purpose. Its primary purpose is to clean up the shorefront and to protect the existing upland from erosion. " I would like very much to have someone from the Orient Association monitor the construction. They can come down and go over it with me when we start. Page 8 - Samuels - Wetlands .To stake it when we start. To look at it as it goes along. There is no doubt that anything that 1 do on Narrow River Road--there are always a lot of people around-- if you will delegated one person to come down with me and the foreman on the job' will explain everything and .we'll be very, very willing to listen to any ideas that you might have that .we can work with in the framework of the construction. MR. TYRRELL: I trust it will never come to that stage. SUPERVISOR MURPHY : Is there any member of the Town Board would like to make any comments? Anyone? COUNCILMAN TOWNSEND : Could I ask one question of Mr. Samuels? I sense you've been trying to nail this thing down every which way you can, Mr. Samuels. You're saying basically that the grade will not change--the existing grade of the beach "will not change. I was looking at your other pictures of quarry stone revetments and then 1 looked through the file and saw the smaller stone revetments and I noticed that the grade of those were steeper than the existing grade at the site in Orient. Are you saying that the grade of the revetment you will build because of the relatively minimal wave action does not have to be as steep out there and will be the same•.as it is now? MR. SAMUELS: The greater, the wave action the more shallow the revetment, so in an ocean front revetment, for example, the slope is much longer. The slope of this will be essentially one on one and a half. It's a fairly--what would you say--something like a forty-five. COUNCILMAN TOWNSEND : How long is it going to be? The width-- MR. SAMUELS: It's four' hundred and some odd feet--- COUNCILMAN TOWNSEND: No, I mean from the toe of the revetment to the top of the revetment--how wide will the revetment be? MR. SAMUELS: Again it depends on the elevation in the particular area where you are building. Say five feet high, then it's going to be a little bit wider than it's going to be where the grade is three foot high, because. you have to pick up the distance to get to the top of the slope. It will be very aesthetic. It will be similar to that one-=the pictures of that -one--it will look good. It will look good. It will enhance the property certainly for my purposes and it will enhance it environmentally in that there will be that much more intertidal marsh. It's a very--the revetment is the oldest'known shore hardening device. They were created by the Egyptians. It goes way back that long. And the actual design was created. The stones are set. It's not a dump wall where you just come up with a dump truck and dump the stuff. You set them with a chain. A stone setter sets them. Tommy Loper, who used to live in- Mattituck, since moved to Riverhead so he could find a house, is our stone setter. ' He's marvelous at it. He takes a spacial conception that I can't match. 'He.,_. can look at a stone, see how it fits. You have to caution him on time. He makes them fit to.well. You want the spaces to absorb, the kinetic energy of the waves. It's a very nice--they are very nice structures. They're very expensive.structures when you have to cart stone from New York Trap Rock, just north of the Tappanzee Bridge. You've seen: the stones on the Expressway. Five stones to a tractor-trailer. But' they work. They work very, well. I'd like to be able to get them a little bit deeper in some areas--in the ocean for example--but in Orient it should work very well.. With the buffering of the intertidal marsh seaward of it I can't give you a life expectancy for the structure. I think it will last almost ad infinitum, as long as that concrete lasts. Page 9 � Samuels - WetliIs SUPERVISOR MURPHY: Tom, why is it necessary to do this work, besides aesthetics? MR. SAMUELS: Get rid of the concrete. We're up there today removing debris from the lot--the section behind the dikes. We have a DEC permit to plant that grass, which we're going to go forward with. As of--as of two o'clock this after- noon we had taken six ten-wheeler, twenty yard truck loads to the Cutchogue Landfill. They're probably sixty truck loads of concrete rip rap that would have to go to the Cutchogue Landfill. It's very expensive. It takes up a lot of room in the Landfill and this is a good use for it. It has worked before. We've done a number of them of concrete from demolishing on-site concrete structures of one kind or another. You know, I could build a bulkhead. Be probably a simple matter to build a bullhead, you know, curving like this revetment will to conform to the upland. I don't think it's as desirable,' personally. SUPERVISOR MURPHY: Any other questions? (No response.) Thank you, Tom. Again, is there anyone in the audience would like to make any comments at this public hearing? If not, 1'11• close it and---sir? DR. TERRY: Before you completely close it, I think I would like to commend Mr. Townsend for bringing up the point of the slope of the revetment. This is a technicality which it would be reasonable for this Town Board to require.Mr. Samuels to produce. Granted it may not be convenient because it would tie him down to something specific and he does not wish to be tied down. Very obviously. This is a technicality that could be used if the Town Board wishes to follow the philosophy of the opponents, rather than the philosophy that you've just heard of Dr. Samuels. SUPERVISOR MURPHY: Is there anyone else would like to comment at this time? (No response.) if not I'd like to close this public hearing. X_tcludith T. Terry Southold" Town Clerk STATE OF NEW YORK 1 LEGAL NOTICE I SS: NOTICE OF COUNTY OF SUFFOLK 1 PUBLICvHEARING, NOTICE-IS HEREBY GIVEN that a public hearing will be held ANNA T.Ej{ � of Greenport, In by the Town Board of the Town of Southold,at 3:30 P.M.,Tues- said County, being duly sworn,says that he/she is day, August 27;:1985, at the Principal Clerk of THE SUFFOLK TIMES,a Weekly bouthold Town Hall,Main Road, Southold; New York; upon the Newspaper, published at Greenport, in the Town application of Thomas E. Samuels for a Wetlands Permit of Southold, County of Suffolk and State of New i for permission to construct a con- York, and that the Notice of which the annexed is trete rip rap wall(revetment)on regularly published in certain properhas been rety located on the a printed copy, g y p west side of Narrow River Road, on Hallock's Bay, Orient, New said Newspaper once each week for ane York. weeks successively, commencing on the 8 All persons interested in said day of An gtl c t 1985_ matter should appear' the time and place above_specified-and they will be given an opportunity to be heard. - /1 DATED:July 30, 1985. [•t JUDITH T.TERRY SOUTHOLD TOWN CLERK Principal Clerk 1TA8-4976 Sworn to before me this R dayof August 19-3-5 COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the LEGALNdTICE Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, NOTICE OF, _ a public newspaper printed at Southold, in Suffolk County; PUBLICHEARING and that the notice of which the annexed is a printed copy, NOT%CE IS HEREBY GIv- has been published in said Long Island Traveler-Watchman EN that a public hearing will once each week for . . . . . . . . . . . . . . . . . .".". . . . . . . . weeks be held by the Town'Board'of the Town of Southold,,,at 3:30 successively, commencing on the P.M. Tuesday, ,August 27, • • • • • • . . • 1985;,-at theSouthold, Town Hall, Main Road, Southold, day . . . . . 19 . New York, upon the applica- tion,of Thomas'E, Samuels for a,Wetlands,Permit for permis- • • • • • • • • • • • • • • • • • • • sion to construct a concrete rip I rap wall (revetment) on ,cer- tain property located on,the I west -side-6f of Narrow River I' Road; on Hallock's Bay, 'Or- Sworn to before me this . . . . . . . . . . . . . . . . . . . . . day of ient, New York.' ' All persons interested .in � ' 19 said matter-should appear at • • • • • • • the time and place above spe- cified and'they will be given' an opportunity to be heard. DATED: July 30,1985. JUDITH T.'TERRY SOUTHOLDTOWN'CLERK N -1T-8/8/85(9) otary Public — BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires Marc;, bu, 19 o6 i I I I ' 1 ' I STATE OF NEW YORK: i SS: COUNTY OF SUFFOLK: JUDITH T. TERRY, Town Clerk of the Town of Southold, New i York, being duly sworn, says that she is over the age of twenty-one j �� years; that on the 2nd day of August 19 85 , she affixed a !� notice of which the annexed printed notice is a true copy, in a proper i 'i and substantial manner, in a most public 'place in the Town of Southold, �j Suffolk County, New York, to wit:' I� Town Clerk Bulletin Board, Southold Town Hall, Main Road, 1. ;i Southold, New York 11971. i Notice of Public Hearing: 3:30• P.M., Tuesday, August 27, 1985, Southold ; !' Town Hall, on the matter of the application of Thomas E. Samuels for i Wetland Permit on certain property at Orient, New York. I I; Judith T. Terry !I Southold Town Clerk �f h Sworn to before me this I, i 2nd day of August 1985 'i NcCary Pub is UNDA j.COOPER j i NOTARY PUBLIC,State of New Yo rk No.4822563,Suffolk County Term Expires March 30,18 i� i r LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town Board of the Town of Southold, at 3:30 P.M., Tuesday, August �', 1985 at the Southold Town Hall, Main Road, Southold, New York, upon the applica- tion of Thomas E. Samuels for a Wetlands Permit for permission to construct a concrete rip rap wall (revetment) on certain property located on the west side of Narrow River Road, on Hallock's Bay, Orient, New York. All persons interested in said matter should appear at the time and place above specified and they will be given an opportunity to be heard. DATED: July 30, 1985. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, AUGUST 8, 1985, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Board of Southold Town Trustees Southold Town Conservation Advisory Council Thomas E. Samuels Town Clerk's Bulletin Board U +I LEGAL NOTICE NOTICE OF PUBLIC HEARING �i �f NOTICE IS HEREBY GIVEN that a public hearing will be held by the ( Town Board of the Town of Southold, at 3:30 P.M. , Tuesday, August 1985; i at the Southold Town Hall, Main Road, Southold, New York, upon the applica- tion of Thomas E. Samuels for a Wetlands Permit for permission to construct a concrete rip rap wall (revetment) on certain property located on the west side I+ of Narrow River Road, on Hallock's Bay, Orient, New York. ' All persons interested in said matter should appear at the time and place i� { above specified and they will be given an opportunity to be heard. �I << DATED: July 30, 1985. t' !I JUDITH T. TERRY Ij )� SOUTHOLD TOWN CLERK } PLEASE PUBLISH ONCE, AUGUST 8, 1985, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ii ROAD, SOUTHOLD, NEW YORK 11971. i! t !+ Copies to the following: �i The Suffolk Times The Long Island Traveler-Watchman Town Board Members j Board of Southold Town Trustees Southold Town Conservation Advisory Council ( Thomas E. Samuels f Town Clerk's Bulletin Board I' 1(i, I I i� •• 1 (61 LEGAL NOTICE NOTICE OF PUBLIC HEARING I NOTICE IS HEREBY GIVEN that a public hearing will be held by the j! Town Board of the Town of Southold, at 3: 30 P.M., Tuesday, August , 1985, +1 at the Southold Town Hall, Main Road, Southold, New York, upon the applica- tion of Thomas E. Samuels for a Wetlands Permit for permission to construct a concrete rip rap wall (revetment) on certain property located on the west side of, Narrow River Road, on Hallock's Bay, Orient, New York. '! All persons interested in said matter should appear at the time and place above specified and they will be given an opportunity to be heard. DATED: July 30, 1985. JUDITH T. TERRY I� SOUTHOLD TOWN CLERK I !� PLEASE PUBLISH ONCE, AUGUST 8, 1985, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Board of Southold Town Trustees Southold Town Conservation Advisory Council Thomas E. Samuels Town Clerk's Bulletin Board I� 1, {I c. I! Ln Town Hall, 53095 Main Road � P.O. Box 728 Southold, New York 11971 JUDITH T TERRY TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Dated: July 30, 1985 Pursuant to Article 8 of the Environmental Conservation Law State Environ- mental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project, will not have a significant effect on the environment. DESCRIPTION OF ACTION: Petition of Thomas E. Samuels for a Wetland Permit to construct a concrete rip rap wall (revetment) at certain property located on the west side of Narrow River Road, on Hallock's Bay, Orient, New York. The project has been determined not to have a significant effect on the environ- ment for the following reasons: A Draft Environmental Impact Statement has been submitted and a public hearing held on the same on the 16th day of July '1985, and the Board is satisfied that no significant adverse effect to the environment is likely to occur should the project be implemented as planned. Further, as a result of an adjudicatory public hearing before Administrative Law Judge A. Marshall Irving, the decision of Department of Environmental Conservation Commissioner Henry G. Williams are as follows: "My review of the record of this proceeding confirms the Administrative' Law Judge's conclusion that the proposed, project meets or exceeds the standards contained in 6NYCRR Section 661. 10. Accordingly the Department Staff is hereby directed to issue a permit subject to the Department's standard conditions for a project of this type and the additional special condition recommended in Conclusion No. 7," .which is: "7. In view of the foregoing Findings and Conclusions it is reasonable to further conclude that the permit requested by the Applicant should be issued subject to the Department's standard conditions and the following special condition: "(A) This permit is limited to the placement of rip-rap and the subdivision of the Site into two lots all as shown on the maps filed with the subject application. Separate permit application(s) must be submitted for any future. construction of residential or other principal buildings on this Site within any tidal wetlands adjacent areas. "(B) On-site water supply wells and on-site sewage disposal systems for future houses on the two lots must meet the regulations of the Suffolk County Department of Health Services." 71 r Page 2 - Negative Declarat:.-... Thomas E. Samuels Further information may be obtained by contacting Mrs. Judith T. Terry, Southold Town Clerk, Town Hall, Main Road, Southold, New York 11971. Copies to: Charles Hamilton, DEC, Stony Brook Commissioner Williams, DEC, Albany Southold Town Building Department Board of Town Trustees Southold Town Conservation Advisory. Council Town Clerk's Bulletin Board Suffolk County Department of Health Services Thomas E. Samuels JUL 2.9 05 Route 25 Orient, NY 28 July 85 Dr. Thoc_zas E. Samuels ia,,ies H. Rambo, Inc. Wunneweta Road Cutchogue, NY 11935 Dear Dr. Samuels: With reference to your letter of July 25 in which you take issue with my statement to the Town Board regarding the DEIS for development of your property on Hallocks Bay -- as you no doubt anticipated I disagree with you on several points. You say you have not been able to find a marine biologist who shares my opinion that "residential development contributes to algae bloom in our bays" (your words) . Have you looked? I would have some difficulty finding one who did not share that opinion. If you reread the TIMES article you sent me you will note that Mr. Koetzner is quoted to the effect that the current bloom "might have been fed by nutrients that washed into the bays" . My position exactly. Nutrients can, of course, reach the bays from various sources but one of those sources, in situations where housing has developed close to the shore, is sewage. Where else do you think the stuff goes? I should point out, however, that you appear to be confusing an important distinction. In my impromptu statement at the hearing I think I made it clear that,although nutrients from adjacent upland do in fact support the growth of algae; there is at present no good evidence that these nutrients are respon- sible for the current bloom. There are, as you may know, many different theories with regard to the causation of such single- species blooms. I certainly do not know which of them, if any, is correct and did not mean to create the impression that I do . What I believe I said is that, given the history of increasing incidence of blooms as nutrient pollution increases, the pres- ence of nutrients is at least a likely contributing cause. This is precisely what I believe Mr. Koetzner is saying and what I think many other biologists would say. That doesn' t mean that nutrients are the trigger which caused the bloom this year and not some other year. I doubt whether anyone can yet identify that trigger with any assurance. In view of the above I think your claim of excessive zeal on my part in the cause of the "environmental activist position" , as you describe it, is a little suspect. Surely it must have occurred to you that,.is, far beyond anyone else , the applicant it who has the real conflict of interest at these hearings. It is, in this instance, you who stand to benefit far more from approval of your project than any of your opponents will benefit from, its rejection. You may be aware that NEPA (National Environ- mental Policy Act) guidelines suggest that EIS's be prepared by someone or some group who does not have any direct financial in- terest in the outcome of the project. Local laws may differ but the principle is certainly a sound one. The whole hearing system is, in my opinion, unfairly biased in favor of the applicant. He can expect, on average over a number of projects, to be fully recompensed for his time and effort. The environmentalist posi- tion, or the public interest position as I prefer to call it, is usually a contribution with no direct reward. Given this dis- parity who do you think usually wins? Finally, your oft-repeated statement that the "principal menace to the water quality of Hallocks Bay is agricultural runoff" is, so far as I know, still without any credible supporting evidence. It is, in other words, your personal opinion. While I am quite willing to concede your many years in the marine contracting busi- ness and broad practical experience in marine matters as well as in dentistry I would have to question your standing in marine ecology. You may still be right; I' d like to see some proof. Sincerely, O .W.Terry cc: Southold Town Board if it Trustees it it Conservation Council Mr. Villa PUBLIC HEARING SOUTHOLD TOWN BOARD JULY 16, 1985 3:30 P.M. IN THE MATTER OF DRAFT ENVIRONMENTAL IMPACT STATEMENT SUBMITTED BY THOMAS E. SAMUELS WITH RESPECT TO HIS APPLICATION FOR A WETLAND PERMIT. Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: The first public hearing is on the Draft Environmental Impact Statement submitted by Thomas E. Samuels to construct a concrete rip rap wall (revetment) in Orient. The notice will be read by Councilman Schondebare. COUNCILMAN SCHO,NIDEBARE: "Notice is hereby given that the Town Board of the Town of Southold will hold a public 'hearing at 3:30 P.M., Tuesday, July 16, .'1985, at the Southold Town Hall, Main Road, Southold, -New York; on the Draft Environ- mental Impact Statement submitted.-by Thomas E. Samuels,, Cutchogue, New York, in connection with his applicatiani)for:'a. Wetland Permit to construct a concrete rip rap wall (revetment) at. certain property located:,on. side of Narrow River Road, on Hallock's Bay,, Orient, New York. SEQR lead agency is the Southold Town Board. A copy of the Draft Environmental Impact Statement is on file in the Office of the Southold Town Clerk, Town Hall, Main Road, Southold, New York, and is available for inspection during regular business hours. All persons interested in said public ' hearing should appear at the time and place above specified. Dated: June 18, 1985. Judith T., Terry, Southold Town Clerk." 1 have' an affidavit of publicatiun_ofthis notice by The Suffolk Times. An affidavit of publication of this notice by The Long Island Traveler-Watchman, and an affidavit by the Town Clerk of posting of this notice on the Town Clerk's Bulletin Board. SUPERVISOR MURPHY:. We've had the official reading. Is there, anyone here. in the audience would like to speak on behalf of this proposed application? (No response.) Is there, anyone would like to speak in opposition to the Draft Environmental Impact a Statement? Yes', i-m 'am? Would you use the microphone and give is your name. FREDDIE WACHABERGER-_ I had two questions about it. One is on the Draft Statement and on the surveys that are submitted. I haven't seen any indication of the line on which this revetment will actually be built. Do you, in fact; have a plan which includes the specific, 'location? Page 2 - Thomas E. Sz, ,els DEIS SUPERVISOR MURPHY: I believe so. Isn't that part of the record? Have you seen the file? MRS. WACHABERGER: Yes. COUNCILMAN_5TOUTENBURGH: Is this the one you're referring to? MRS. WACHABERGER: Yes. This doesn't include the indication of exactly the line of the revetment. On that survey which I..was just shown, there, is no drawing indicating the line, the specific line, which the revetment will' follow. SUPERVISOR MURPHY: Do you know, Bob? Could you answer this lady"s question on the Samuels--- TOWN ATTORNEY TASKER: Ask the applicant. COUNCILMAN SCHONDEBARE: . Can you answer the lady's question? SUPERVISOR MURPHY: Tom? MR. THOMAS E. SAMUELS: l didn!t�quite understand the question. COUNCILMAN SCHONDEBARE: • Could you repeat it for him', please? MRS. WACHABERGER: Yes, I was just saying that on that survey there is no drawing which indicates the specific line that the revetment will follow. MR. SAMUELS: The toe of the revetment has been staked for some months now. You see the red stakes. The toe of the revetment follows the base of the eroded escarpment that's eroded. You could call it a bluff, you could call it a dune, or use whatever nomenclature, you would like. The reason it isn't marked on the survey is that it is a. constantly, changing, but perhaps I can explain it this way: back of the revetment, _theh_rear_.of the,lstructure�-will'be up against that escarpment and there will' be no excavation of the.-upland and it will'not be placed further seaward than that escarpment. You will see on the beach, if you would. call it that, a series of red stakes. believe' they're about every twenty feet. That essentially is the answer,.,, It's difficult to draw it in exactly because this bluff has been changing with every storm tide in the Last==since October of '1983 .when this concept was first brought up. Subsequently there have', been a number of surveys. I would be very happy if the Town Building Depart- ment and a member of the Orient Association all monitored the, construction of the structure. 1 would be, very happy, to accept that as a condition of the Wetlands Permit. You can designate anyone you like--Mr. Emilita--any of the Planning Board or anybody else, but that is the case,,, and I think it's described• verbally, if not in a survey form, in the EIS. MRS. WACHABERGER: My feeling is is 'that since there are stakes on the property it would serve.our purposes to see the stakes indicated on a plan so that we could have an idea on paper of what the location is, unless, as you say, the stakes don't matter because you'll be changing the possible line of the wall, depending on the present state of the land. I feel that that leaves it a little soft. That's a kind of soft element in this proposal. The other question that -1 had is my understanding from the wording is that the revetment will only be to the height of the existing land landward of it. That was my understanding -of the decision of the Town Trustees approval, and the, wording in the statement says that it will not be necessary to use any of the material to_ in-fill-.behind the wall and it shows a section which seems to show the existing land level behind the revetment but I wondered if--! couldn't--if 'we couldn't have an Page 3 - Thomas E. Sa ds DEIS affirmation from Mr. Samuels that that is the case, that the revetment will only be of the height of the existing land landward of it, and that it will not require back- fill? SUPERVISOR MURPHY: Would you care to respond, Tom? MR. SAMUELS: 1 affirm that that is the case. There is no need or intent to change the topography of the lot. As most of you know, the portion where the reventment is going is south of the diked area where, the building envelopes are for the two lots. No intent to change the topography of the bank or the revetment. It will follow the escarpment, if 'you will, as to its direction and it will follow it as far as its elevation. SUPERVISOR MURPHY: Is there, anyone else would like to comment on this Draft Environmental Impact Statement? Sir? MR. ARTHUR TYRRELL: I'm representing the Southold Town Baymen's Association.i. had sent in a written response to the Environmental Ampact Statement made by Dr. Samuels. Basically our position has been at these rather protracted hearings that the Baymen's income will be affected by any development on this particular bay. It is a matter of record that since 1976 the Baymen of Long Island have decreased by sixty-six percent. The reason for this 'is quite evidentially development. Their objection to this is one of development. Once, one house is 'built' I do not think this Town Board can guarantee that there will be not another house or a dozen or two dozen. When you get that you will inevitably get the run-off or whatever it is that pollutes the water and prevents us from fishing for shellfish. We are absolutely against this proposal. We hope that the Town Board. will look beyond this application just for revetment, because revetment is there. only to build something up. It must lead to something else. Therefore we are completely against this. I do not think that there is anyone in the Orient area who is 'for this development apart from Dr. Samuels. Thank you. SUPERVISOR MURPHY: Is there anyone else in the audience. would like to make any comment at all? Sir?, MR. ORVILLE TERRY: I'm a resident of Orient and also am Associate-.R�dsearch Professor at the Marine Science Center at Stony Brook. My position is essentially the same as Mr. Tyrrells, that the only reason for building this- revetment is to provide a foundation for houses to be built adjacent to Long Beach Bay and that any houses built adjacent to Long Beach Bay will ultimately lead to degradation of the, quality of the Bay. As was noted in The Suffolk Times of this past week, there's a so-called bloom, or whatever you want to call it, of fighter plankton in the water of a large--much of this area--I'm not ,sure, whether it occurs in Hallock's Bay or not, I have not had a chance to find out, but this is the kind of thing which comes from polluted conditions. Ithfirst appeared in Great South Bay. You won't find many scientists who will say positively that pollution will produce this kind of a bloom, but the evidence is at least persuasive that it 'does. What this bloom does is eventually to damage and perhaps in time-to wipe out the shellfish industry. The connection between development and shellfish health is clear enough that I think it would behoove this Town Board to regard Hallock's Bay as a very important resource of the Town, as .well as of the Baymen and to take unusual. care to protect it by not allowing any development-'along its shores. SUPERVISOR MURPHY: Thank you. Is there. anyone else in the audience would like to speak on this? Ruth? Page 4 - Thomas E. S; els DEIS ` MRS. RUTH OLIVA: I'm speaking really neither pro nor con.on the Draft Environ- mental Impact Statement per se, but I did have a question about it in the section of alternatives. I would like to have seen something written on the building of , an earthen dike as is the case around much of Hallock Bay, and the ramifications of such a structure, rather than a stone or a revetment or rip rap. That's all, thank you. SUPERVISOR MURPHY: Thank you. Is there anyone else in the audience would like to make any, comments at all.on this? Dr. Samuels? MR. SAMUELS: Well, I'm very interested in Dr. Terry's theory, if it is that, that the fighter- plankton bloom or algae bloom in Peconic 'Bay isjcaused by pollution. , It's the first I've heard of it. I've looked into it •quite a bit in the `last month because it's certainly in great evidence. If that'-s true, then the water quality in Peconic Bay is suddenly deteriorated to a disasterous state, and I don't think that that's the case at all. The water quality in Peconic Bay is the finest water. on Long Island, with the possible exception of maybe Gardiners Bay. The connection to development of. algae bloom is also rather unusual in that we've had algae blooms before in the past years when there was much less development. I don't see any connection between algae bloom and development per se, I see a connection between development and' in- prudent development and water pollution, but we don't have water ,pollution in Hallock!s Bay and we won't have it as a result of this project. There. are• two' functions of the project, :One is in the public's interest and one is in my interest. The function of the revetment in the public interest is that we are removing concrete rubble, if you will, a degenerated, deteriorated concrete wall, which is presently on an area that was formerly intertidal marsh. I think Dr., Terry and all those present will affirm the values of intertidal marsh. Presently this is an area that, while still' passable, it has succeeded--the concrete has succeeded in surpressing the intertidal marsh.; One of the conditions of the Conservation Council's approval of the project was that intertidal marsh be replanted. I told them at the time that it would regenerate by itself, that I was willing to replant it. It, can be successfully done. We have planted as much as two and a half acres of intertidal 'marsh with success, great success. The_ second question is Mrs. Oliva's about the earthen berm. This matter came up at'-th;e Trustee's hearing and I answered it 'then, but I'll be happy' to answer it for your information. The dikes around Hallock'§ Bay'sY:w_ere'-bLdl't by the farmers farming Hallock's Bay- in order to prevent tidal storm incursion on their farmland. These are. earthen dikes, which are; as I understand it, they removed the top soil, pushed up -the sub-soil and replaced the top soil and farmed right up to the edges of these dikes. They have been prone to damage for many years. As a matter of fact when the New "York State Environmental Regulations, Tidal Wetlands Regulations, were formed, it was agreed at the behest of the farmers, most of whom were in Orient Bay--some in•other parts of the Town, that the preservation of these dikes would ' be a non-regulated •activity: In other words they could repair their dikes after every storm. Dikes get badly damaged in heavy storms. The purpose of a revetment on the other hand is a sure hardening device and all it does is prevent the erosion of the land behind it,;ififf�you will, the berm or the dike behind it. Just creating an earthen berm there would do one of two things, it would involve carrying all the concrete to the landfill,' which has scarce room as it is, and there's' vast quantities of it; and secondly would mean that whoever the eventual owners of that property , are. they would have to repair 'the earthen dikes, so the "purpose of the revetment has several functions as you can see. I thought I addressed theins--in the EIS and possibly I wasn't as. clear as I should have been. . The revetment; because of its construction, is the most benign of all shor_e� hardening structures, except for a dike and dike erosion into the Bay is also a problem because one of the problems with Hallock`s Bay is runoff from farmland. Those nitrates, pesticides and silts, because all this farmland drains directly into the Bay. . The biggest risk to the Page_5 '- Thomas E. S--___cels DEIS water quality in Hallock`_s Bay is, and will continue to be, farmland. Runoff from farmland. I'm not--I am not an exponent of no farming, believe me. The sympathy have for the farmers in their'quest to make a reasonable living today has no peer, but in any event it has been said by some hydrologists that probably the best thing that could be done, as far as maintaining the water quality of Hallock's Bay, would be to allow more residential development at reasonable setbacks from the wetlands. Thank you. SUPERVISOR MURPHY: Thank you. Is there. anyone else would like to comment on this Draft Environmental Impact Statement? (No response.) If not I'll close the hearing--- COUNCILMAN STOUTENBURGH: Members of the Board? SUPERVISOR MURPHY: Any members of the Board? I'm sorry. Jean? (No.) Ray? (Nothing.) Paul? COUNCILMAN STOUTENBURGH : Yes, I'd like to ask Dr. Samuels how do we guarantee this planting that you're going to do--is going to function? You say--one of the ' questions l'd� have is 'when you'd put it in? MR. SAMUELS: It is, of course, a condition of the Conservation Council's advocacy or permission for the project. I'd be ivery happy if it would be included in your Tidal Wetlands Permit 'as a condition of the permit that the intertidal marsh, Spartina alteniflora, l would suggest planting on eighteen inch centers, but you could close it down or open it up as you see fit: You know a lot about it, but I would suggest that that be a condition of, your permit. And the other thing I think you have going for you in this particular case, Paul, .is my word•. SUPERVISOR MURPHY: Any other comments, Paul? COUNCILMAN'..-STOUTENBURGH : No, but I'd like to talk to you about that later. MR. SAMUELS: Okay. SUPERVISOR MURPHY: Joe, do you have any comments? COUNCILMAN TOW-NSEND: No,' just to get a reaffirmation. This revetment will result in no increase in the upland area, no filling, or backfilling of the area, or elevation change of the present grade of the property. Just underscore that point. MR. SAMUELS: I not only will underscore the point, but the fact is that I can't even build the structure until I have final Planning Board approval, simply because it's actually going to decrease the amount of upland. It's going to move the high water mark landward and will decrease the amount of upland by that amount. I have no problem with that because I have enough land for two houses, certainly in the southern portion of the property, which isn't going to be utilized for residences in any event, but there. will be no backfill, there will be no increase of lot size, there will be no change in the topography of the upland. COUNCILMAN TOWNSEND: Thank you. SUPERVISOR MURPHY: Jay, do you have any comments? Page 6 - Thomas E. S cels DEIS COUNCILMAN SCHONDEBARE: Nothing. I think the lady had her hand raised. MRS. WACHABERGER: I guess I still have a question about that same point, because I did look for the stakes that Dr. Samuels had put in place and I took a couple of pictures placing a yellow yardstick at the point where the stakes are and there is not more than a couple of feet difference, really, between the foreground land and the rearground land. I assume that the stake is the--represents the seaward line of the revetment--the Bay-ward? I'll just submit these because I don't really see any height. (Mrs. Wachaberger submitted two photographs) of the property in question.) SUPERVISOR MURPHY: Thank you. Okay, is there anyone else would like to comment further? (No response.) If not at this time we'll close this hearing. Judith T. •Terry Southold Town Clerk LEGAL NOTICE 'NOTICE OF HEARING -- NOTICE IS HEREBY GIVEN I that the Town Board of the Town I of Southold will hold a public STATE OF NEW YORK 1 hearing at 3:30 P.M., Tuesday, ) SS: July 16, 1985, at the Southold y Town Hall,Main Road,Southold, COUNTY OF SUFFOLK INew York,on the Draft Environ- mental Impact Statement sub= matted by Thomas E. Samuels, ANNA T,FKR A S of Greenport, in Cutchogue,New York,in connec- tion with his application for a said County, being duly sworn,says that he/she is Wetland Permit to construct a Principal Clerk of THE SUFFOLK TIMES,a Weekly concrete rip rap wall(revetment) at certain property located the ent) Newspaper, published at Greenport, in the Town west side of Narrow River Road, of Southold, County of Suffolk and State of New on Hallock's Bay, Orient, New York. York, and that the Notice of which the annexed is SEQR lead agency i8 the a printed copy, has been regularly published in Southold Town Board.A copy of the Draft Environmental Impact said Newspaper once each week for One Statement is on file in the Office I 27 of the Southold Town Clerk, weeks successively, commencing on the Town Hall,Main Road,Southold, day of June 19—aaNew York, and is available for inspection during regular busi- ness hours. 4 ti All persons interested in said --L' � •-�� � Public hearing should appear at � specified. the time and place above Principal Clerk - DATED:June 18,1985. T.TERRY ITH SOUTHOLDDTOWN CLERK Sworn to before me this 2 7 1TJ27-4933June ANN M.ABATE d of 1�{ ` PUBLIC,State of New York Uifolk County tufo 4748183 " / Expires March 30, 191 COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the NOTICE•OFHEARING Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; Nthat th IS HERown Board of and that the notice of which the annexed is a printed copy, EN that the Town Board of_; j Town of Southold_wiii hotd`a: has been published in said Long Island Traveler-Watchman public hearing at 3:30-P.M.,- Ionce each week for . . . . . . . . . . . . . . . . . . . . . . . . . . . weeks Tuesday,.July 16; 1985,-at,the.' j Southold, Town=Hall, Main I �7 Road;Southold;'New`York;'on, successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . the.Draft Environmental' Im- '-j pact Statement submitted by Thomas Samuels, .Cut- I da o . . ,. . . . . . . . ., . . . . . chdgue,New Yoik,"in connec- I / tion with his"application for'a i w, Wetland Permit_torconstiuct a concrete 'rip rap wall`(rivet- mint)_at certain property lo=* ! cated on 'the west side`of Narrow,River "Road, ,on-Hal= 7 y lock's Bay,;Orient,,New-York. Sworn to before me this . . . . . . . . . . . . . . . . . . . . . day of SEQR lead; agency is the _ _Southold Town Board . A copyI , , , , , , , i — . , - - - - - - - - 19 ` of the Draft Environmental �/ ' Impact Statement is•on'file in i the Office of the Southold Town Clerk; Town Hall; Main, Road, Southold, New•"-York, 1 ` "" . . . . . . . . . . . and is available for inspection I " during regular business hours. i Notary Public -All; persons interested. in 1 BARBARA FORBES . f said. 'public hearing should Notary Public, State of New York 'appear at,the,time and place No. 9806846 -above specified, Qualified in Suffolk County DATED:_Ja 'ne 18, 19Commission Expires March 30, 19�6 JUDITH T.TERRY I SOUTHOLD TOWN CLERK �f" I.T-6/27/85(8) i I I i STATE OF NEW YORK: SS: j COUNTY OF SUFFOLK: �i JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that she is over the age of twenty-one II ff!" years; that on the 20th day of June 1985 , she affixed a notice of which the annexed printed notice is a true copy, in a proper I� and substantial manner, in a most public 'place in the Town of Southold, 1 f: I I` Suffolk County, New York, to wit: I Town Clerk Bulletin Board, Southold Town Hall, Main Road, ; { Southold, New York 11971. i( Notice of Public Hearing on Draft Environmental Impact Statement - I� Thomas E. Samuels - 3:30 P.M. , Tuesday, July 16, 1985, Southold j� Town Hall. R' ii f i i' it E� II Judith T. Terry j Southold Town Clerk I 11 j) Sworn to before me this (f 20th day of June 19,85 li f Notary Public EU AM JINN NEKI E NIL 5241MYnk Tena&xp u Nth 84 � I I ' I 'i I LEGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold will hold a public 'hearing at 3:30 P.M. , Tuesday, July 16, 1985, at the Southold Town Hall, Main Road, Southold, New York, on the Draft Environ- mental Impact Statement submitted by Thomas E. Samuels, Cutchogue, New York, in connection with his application for a Wetland Permit to conyst'ruct a concrete rip rap wall (revetment) at certain property located on the west side of Narrow River Road, on Hallock's Bay, Orient, New York. SEQR lead agency isi the Southold Town Board. A, copy of the Draft Environmental Impact Statement is on file in the Office of the Southold Town Clerk, Town Hall, Main Road, Southold, New York, and is available for inspection during regular business hours. All persons interested in ;said public hearing should appear at the time and place above specified. DATED : June 18, 1985. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, JUNE 27, 1985, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Town Clerk's Bulletin Board Thomas E. Samuels I it ' LEGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold G !, will hold a public hearing at 3:30 P.M. , Tuesday, July 16, 1985, at the I I Southold Town Hall, Main Road, Southold, New York, on the Draft Environ- mental Impact Statement submitted by Thomas E. Samuels, Cutchogue, New York, in connection with his application for a Wetland Permit to- construct ,a concrete- rip rap wall (revetment) at certain property located on the west side I I of Narrow River Road, on Hallock's Bay, Orient, New York. !� SEQR lead agency is! the Southold Town Board. A copy of the Draft it i; Environmental Impact Statement is *on file in the Office of the Southold Town i Clerk,. Town Hall, Main Road, Southold, New York, and is available for :I inspection during regular business hours. E� All persons interested in ;said public hearing should appear at the time I and place above specified. 4 . DATED : June 18, 1985. s i{ JUDITH T. TERRY I� SOUTHOLD TOWN CLERK 1PLEASE PUBLISH, ONCE, JUNE 27, 1985, AND FORWARD ONE (1) AFFIDAVIT ! OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman ;{ Town Board Members Town Clerk's Bulletin Board �I Thomas E. Samuels ii j li i; li ii I t{ i I� •i I• i � i r cel �! LEGAL NOTICE NOTICE OF HEARING i i� ` NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold will hold a public hearing at 3:30 P.M., Tuesday, July ]6, ]985, at the II ;i , s, Southold Town Hall, Main Road, Southold, New York, on the Draft Environ- mental Impact Statement submitted by Thomas E. Samuels, Cutchogue, New York, in connection with his application for a Wetland Permit to, construct ,a Is { concrete, rip rap wall (revetment) at certain property located on the west side f{ l of Narrow River Road, on Hallock's Bay, Orient, New York. I ' I� SEQR lead agency isi the Southold Town Board. A, copy of the Draft li Environmental Impact Statement is 'on file in the Office of the Southold Town ;i Clerk, Town Hall, Main Road, Southold, New York, and is available for ;_inspection during regular business hours. All persons interested in ;said public hearing should appear at the time Eand place above specified. �i DATED : June 18, 1985. fl ' JUDITH T._ TERRY SOUTHOLD TOWN CLERK €I PLEASE PUBLISH ONCE, JUNE 27, 1985, AND FORWARD ONE (1) AFFIDAVIT j� OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. i; Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Town Clerk's Bulletin Board (� Thomas E. Samuels ,i ;I �E I� ii I li 1�i {i I� i� 'I Ii ( / / . ' RECOVED U�K ?�y1��� _ ��0 � ^ ��� � ' Tom Clerk Southold ' Supervisor Frank Murphy, ' Town of Southold, Town Hall , Main Road, Southold, New York 11971 . Dear Mr. Murphy, With reference to the notice published in the Suffolk � Times of May 23, 1985, on the environmental impact statement � prepared by Thomas E. Samuels the Southold Town Baymen 's ` / Association wishes to mal-..e the following comments: ( 1 ) The statement appears to have been written by Mr ' Samuels himself but he omits to list his scientific ` - - . qualifications to make judqements on ihe environmenial impact of his proposal to construct a concrete �'evetmen on his properL ' on the west side of Hallocks Bay, one is therefore at a loss to knbw what weight to give to. his siatement . � (2) The baymen can refute his claim of " . . reduced . productivity of shellfishing . . " apart from cyclical differences over the years there has been no reduced productivity of ' ' shellfishing in Hallocks Bay. Last year was not a good year but ) 1983 was excellent and a survey last week of the bay shows t.hat the scallops in 1985 will be as good if not better than most , years. (3) Mr. Samuels states that " . . . ihe matter is solely . construct ion of rip rap walls . . , . It is not believable ihaL he does not iniend to build after this construction is completed.' To be meaningful an environmental statement , we suggest , must ` deal with a totality. It could be rhisleading to have piecemeal ` presentations. (4) The baymenare serimusly concerned with Lhe drastic � reduction of their fishing grounds due to housing development � along the shores of ihe Town's inlets. We as|� that in its ` considerations of this maiier the Town Board take a broad view cd' � ihe implications of Mr. Samuels' request . Ha] locks Bay is now unique in its freedom from housing. Because jt is Pollution.--free it is a major shell. fishing area bringing in many thousands of dollars as well as enjoymeni to residents and visitors. The / question ihaL must be asked in considering this application is � how many more building applications will be received should this / / one be successful . � \ (5) We urge thai this Draft Statement be rejected. Peter Wentzel . President � d Town 8avmen's Association � . ` �^ o , ` - June 16, 1985 Supervisor Francis J. Murphy Southold Town Hall RECOVED Southold, Now York 11971 JUR, 171985 Dear ]fir. MurFby, TOR Cled ft tholl As the owner of a hour-* very no&,* Halloekfe Bay is Orient I em writing to urge that the Town Board roject. the Environmental Impact. Statement filed by Thomas Samuels in connection witk alterations he proposes to make on his property aijoining'tke Bay at Harrow River Real. Hallock;a Bay is a umique and so far unpolluted resource that provides income from shellfishing as well as recreation and enjoyment , for many rosidents of Southold Town. Any construction at tke edge of tkis,prieelose body,.of waiter must be viewed witk great concern. I support the conclusions of tko Baymen!s Association,whose members are far more knowledgeable than I about,tke tkreat posed by lir. Samuel's project to HalloW s-Bay. Sincerely yours Anne S. Hopkins Ij Matt Real Boz 82 Orient, H.Y. 11957 - 4 1 COPY FOR YOUR INFORMATION JAMES HAAM80,INC. BISHOPS LANE SOUTHAMPTON, N. Y. 11968 PHONE: (516) 283.1254 MOVED WUNNEWETA ROAD CUTCHOGUE, N. Y. 11935 MAY n 8W5 PHONE: (516) 734-5858 To"Cie*smftm May 24, 1985 Judith Terry Town Clerk Southold Town Hall Main Road Southold, N.Y. 11971 Re: Narrow River Road Dear Ms. Terry: Please have these photographs available for interested parties on the referenced DEIS. Thank you. Sincerely, Thomas E. Samuels .Legal Notir-9 i NOTICE OF RECEIPT - ai OF DRAFT ENVIRONMENTAL IMPACT STATEMENT- STATE OF NEW YORK 1 j Dated:May 17, 1985 1 SS: APPLICANT: Thomas E.Samuels, COUNTY OF SUFFOLK 1 ADDRESS:Haywater Road Cutchogue,New York 11935 PERMIT APPLIED FOR AND. ANNA LEKKAS of Greenport, in APPLICATION NUMBER: Ap- said County,being duly sworn,says that he/she is plication No. 212 for a Wetland Permit. Principal Clerk of THE SUFFOLK TIMES,a Weekly PROJECT DESCRIPTION: { Construction of concrete rip rap Newspaper, published at Greenport, in the Town wall(revetment). of Southold, County of Suffolk and State of New PROJECT LOCATION: West side of Narrow River Road, on York, and that the Notice of which the annexed is Hallock's Bay, Orient, New York. a printed copy, has been regularly published in ' SEQR DETERMINATION: A said Newspaper once each week for One Draft Environmental Impact 2 3 i Statement has been prepared on weeks successively, commencing on the this project and is on file in the day of May 19-8a Southold Town Clerk's Office. SEQR LEAD AGENCY: Southold Town Board. AVAILABILITY FOR PUB- .LIC COMMENT:The Draft En- 'vironmental Impact Statement Principal Clerk 7 may be reviewed at the address listed below. Comments on the t project must be submitted to the 'Contact Person indicated below + Sworn to before me this 23 no later than June 17, 1985. I y of MayMAW 8 SAN" M."I" CONTACT PERSON: PUBLIC,State of New York Judith'T.Terry,Town Clerk ffolk County No.474819 G Town of Southold,Town Hall m Exprces March 30,19 7 Main Road,Southold, New York 11971 (516)765-1801 - --- - — -- - - 1TMy23-4896 COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the _NO Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, I NOTTE'OFRONME A a public newspaper printed at Southold, in Suffolk County; DRAFT ENVIRONMENTAL IMPACT STATEMENT_ and that the notice of which the annexed is a printed copy, Dated:May 17;1985 has been published in said Long Island Traveler-Watchman APPLICANT: Thomas E. once each week for . . . . . . . . . . . . . . . . . ! . . . . ' weeks . . . . . Samuels. ADDRESS:-Haywater Road, Cutchogue, New York 11935. successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . PERMIT APPLIED FOR'& APPLICATION-NUMBER: J Application No. 212 for a d a . . . . .�.`P.7. . . . . ., 19 . . . . . Wetland Permit;' PROJECT DESCRIPTION: Construction of;concrete rip . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . rap wall (revetment). PROJECT; LOCATION: West side of Narrow River Road, on Hallock's Bay, Or- lent, New York. Sworn to before me this . . . . . . . . . . . . . . . . . . . . . day of ' SEQR DETERMINATION: ' A Draft Environmental Impact . , 19 . E . Statement has been prepared ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' on-this project and is on file in the Southold Town` Clerk's Office. SEQR LEAD AGENCY: .Southold Town Board. AVAILABILITY FOR; PUB- j Notary Public LIC COMMENT: 'The Draft iBARBARA FORBES Environmental Impact State Notary Public, State of New York ment may be reviewed at the No. 4806846 address-�listed below.' ,Com- ; ments on the project,'must be submitted to the-Contact Per- Qualified in Suffolk County Commission Expires March 30, 19 6 ; son.indicated below no later than June 17, 1985. CONTACT PERSON:Judith T.Terry,Town Clerk,Towri of Southold, Town Hall, 'Main Road,.Southold, N.Y.- 11971. (516) 765-1801.' . I - 1 1T-5/23/85(1)- tl ` L I r � 1 STATE OF NEW YORK: i SS: COUNTY OF SUFFOLK: JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that she is over the age of twenty-one 'i years; that on the 17th day of May 19 85 , she affixed a notice of which the annexed printed notice is a true copy, in a proper I and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit:' !� Town Clerk Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971. i• I ',Notice of Receipt of Draft Environmental Impact Statement - Thomas E. Samuels application for a Wetland Permit.' i t f i i� i Judith T. Terry Southold Town Clerk Sworn to before me this i 17th day of May 19 85 Notary Public I f I� f I ' A i l I_ /r• r� �G ®Ln Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T TERRY TELEPHONE TOWN CLF,RK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD NOTICE OF RECEIPT OF DRAFT ENVIRONMENTAL IMPACT STATEMENT Dated: May 17, 1985 APPLICANT: Thomas E. Samuels ADDRESS: Haywater Road Cutchogue, New York 11935 PERMIT APPLIED FOR AND APPLICATION NUMBER: Application No. 212 for a Wetlan Permit.' PROJECT DESCRIPTION : Construction of concrete rip rap wall (revetment). PROJECT LOCATION: West side of Narrow River Road, on Hallock's Bay, Orient, New York. SEQR-,DETERMI NAT ION : A Draft Environmental Impact Sta ement has_ been prepared on this 'project and is 'on file in'the Southold To n Clerk's Office. SEQR LEAD AGENCY: Southold Town Board. AVAILABILITY FOR PUBLIC COMMEN The Draft Environmental Impact S atement may be reviewed at the address listed below. Comments on the project must be submitted to the Contact Person indicated below no later t an June 17, 1985. CONTACT PERSON : Judith T. Terry, Town Clerk. Town of Southold, Town Hall Main' Road, Southold, New York 1 971 (51'6) 765-1801 i Town Hall, 53095 Main Road �® ®� P.O. Box 728 Southold, New York 11971 JUDITH T TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THII TOWN CLERK TOWN O 1 SOUTHOLD PLEASE PUBLISH ONCE, MAY 23, 1985 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Southold Town Building Departme, t Board of Town Trustees J Southold Town Conservation Advisory Council Town Clerk's Bulletin' Board Charles Hamilton, DEC, Stony Btlook Commissioner Williams, DEC, Albany Thomas E. Samuels fi,ee i 6-� E=5555 K Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD NOTICE OF RECEIPT OF DRAFT ENVIRONMENTAL IMPACT STATEMENT Dated: May 17, 1985 APPLICANT: Thomas E. Samuels ADDRESS: Haywater Road Cutchogue, New York 11935 PERMIT APPLIED FOR AND APPLICATION NUMBER: Application No. 212 for a Wetland Permit.' PROJECT DESCRIPTION : Construction of concrete rip rap wall (revetment). PROJECT LOCATION: West side of Narrow River Road, on Hallock's Bay, Orient, New York. SEAR DETERMINATION : A Draft Environmental Impact Statement has been prepared on this project and is 'on fild in'the Southold Town Clerk's Office. SEQR LEAD AGENCY: Southold Town Board. AVAILABILITY FOR PUBLIC COMMENT: The Draft Environmental Impact Statement, may be reviewed at the address listed below. Comments on the project must be submitted to the Contact Person indicated below no later than June 17, 1985. CONTACT PERSON : Judith T. Terry, Town Clerk, Town of Southold, Town Hall Main' Road, Southold, New York 11971 (516) 765-1801 ld: : .+8 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 lam' ' JUDITH T TERRY -n.r ,, t ~`'" TELEPHONE TOWN CLERIC (516)765-1801 REGISTRAR 01 VITAL S 1 A I IST ICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD PLEASE PUBLISH ONCE, MAY 23, 1985, AND FORWARD ONE ( 1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Southold Town Building Department Board of Town Trustees"­- Southold rustees Southold Town Conservation Advisory Council Town Clerk's Bulletin Board Charles Hamilton, DEC, Stony Brook Commissioner Williams, DEC, Albany Thomas E. Samuels r J law I� Town Hall, 53095 Main Road P.O. Box 728 k Southold, New York 11971 JUDITH T TERRY TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD NOTICE OF RECEIPT OF DRAFT ENVIRONMENTAL IMPACT STATEMENT Dated: May 17, 1985 APPLICANT: Thomas E. Samuels ADDRESS: Haywater Road Cutchogue, New York 11935 PERMIT APPLIED FOR AND APPLICATION NUMBER: Application No. 212 for a Wetland Permit.' PROJECT DESCRIPTION : Construction of concrete rip rap wall (revetment). PROJECT LOCATION : West side of Narrow River Road, on Hallock's Bay, Orient, New York. SEQR DETERMINATION : A Draft Environmental Impact Statement has been prepared on this project and is 'on file in'the Southold Town Clerk's Office. SEQR LEAD AGENCY : Southold Town Board. AVAILABILITY FOR PUBLIC COMMENT: The Draft Environmental Impact Statement may be reviewed at the address listed below. Comments on the project must be submitted to the Contact Person indicated below no later than June '17, 1985'. CONTACT PERSON : Judith T. Terry, Town Clerk. Town of Southold, Town Hall Main' Road, Southold, New York 11971 (516) 765-1801 04* is�.' :• ,1`,�'3• Town Hall, 53095 Main Road P.O. Box 728 e ¢ � Southold, New York 11971 JUDITH T TERRY � r&" TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OI VITAL S"1 ATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD PLEASE PUBLISH ONCE, MAY 23, 1985, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Southold -Town--Building -Department Board of Town Trustees Southold Town Conservation Advisory_ Council, ' Town Clerk's Bulletin' Board Charles Hamilton, DEC, Stony Brook Commissioner Williams, DEC, Albany Thomas E. Samuels DRAFT ENVIRONMENTAL IMPACT STATEMENT l Application of Thomas E. Samuels for a Wetland Permit to construct concrete rip rap wall (revetment) on property, located at the west side of Narrow River Road on Hallock° s Bay, Orient, N.Y. Lead Agency: Southold Town Board Contact person: Mrs. Judith T. Terry Southold Town Clerk Southold Town Hall Southold, N.Y. 11971. (516) 765-1800 Prepared by: Thomas E. Samuels Haywater Road Cutchogue, N.Y. 11935 Scoping meeting held: April 17, 1985 with Mr. David Emilita Southold Town Planner MAY 17 TABLE OF CONTENTS A. Description of action (including history of site) . B. A listing of significant, beneficial and adverse impacts. C. A listing of mitigation measures proposed. D. A listing of alternatives considered. E. A listing of issues of controversy. F. A listing of matters to be decided, including a listing of each Permit, or approval. 1 . A (5.3) Historical Perspective of Si,te The parcel was formerly owned 'by the Hallock Farm. In the past , a loading dock was constructed at water' s edge by Hallock to off-load potatoes and other produce for New York City markets and fertilizer, lime , manure , etc. were delivered by barge to the site. Concrete paved platforms, roads and other structures were constructed. Piling, bulkhead, dock and other deteriorated structures remain primarily in the former intertidal area. Over the years, these structures were undermined, collapsed and became broken. Their present condition is unaesthetic and environmentally damaging to the intertidal zone. Serious concern remains for the environmental values of Hallock' s Bay. Consider- able run off from farmland adjacent to the bay has reduced the productivity of shell fishing in the bay. Serious siltation has occurred, due to blowing topsoil and rain run off of roads and farmland. Navigation in the immediate area is affected by debris in the bay seaward of the property. Winches, wheels, broken piling, etc. are visible at low tide in the colder months , when plankton bloom is low, or non existent. (5.3) Description of Proposed Action a. The objective of the proposed construction is to remove deteriorated concrete structures, piling and inoperable machine apparatus from the tidal marsh plain and the littoral zone, as well as the coastal shoal offshore of the property. Secondly, to construct a concrete rip rap wall above the high water mark at the base of the escarpment created by erosion (and or, avulsion) of the upland. This structure would limit further loss of upland i.e. erosion control. b. Beneficial impacts: The removal of this essentially non biodegradable debris from the intertidal zone should be beneficial to the waters of Hillock' s Bay. Intertidal marsh is considered the most biologically productive of all tidal wetland areas. Furthermore, since they 2. receive twice-daily tidal flushing, the products of vegetative photosynthetic activity and decomposition in these zones are readily transported to the adjacent waters for use in the estuarine food chain. Their intertidal location also makes them among the most effective wetland zones for flood, hurricane and storm protection. Both the intertidal location and highly productive' nature make among the most effective wetland zones for absorbing silt, road runoff and organic material. As to the debris material in the bay seaward of the intertidal zone (i.e. the coastal bar) , flat and littoral zone. There is presently a lack of contribution to the marine food production and other tidal wetland values. Removal of this accumulated debris from this zone will allow for natural activity to re-establish itself. Some of these areas are areas of extremely high biological productivity and are nearly, or equally, as important in this respect as intertidal marsh. Adverse Impacts: There are transient impacts due to necessary construction; a crawler crane with spherical wrecking ball, a backhoe with power pack concrete breaker, jet pump to remove piling, etc. For a two week period construction activity may (to some) be object- ionable aesthetically and acoustically. This impact will vanish on conclusion of the construction, leaving behind a more aesthetic area. C. Mitigation Upon conclusion of the revetment construction, the intertidal zone will be planted with spartina alternaflora to artificially create an intertidal marsh. Within two years this marsh should be indistinguishable from a natural marsh, except it will display a picture of greater vigor, due to lack of competition of root packing and accumulated debris. The disturbance of benthic organisms occasioned by construction will be benefited by this mitigation procedure. D. Alternatives Considered 1. Removal and carting to Cutchogue Landfill. Part of the benefit to the owner is aesthetic improvement of the waterfront. The cost of this work (+or- $15,000.) , including construction of the revetment, is justified only if erosion of the upland can be arrested, thereby reducing property value loss caused by erosion. The Cutchogue Landfill 's capacity should not be used burying this valued (for this purpose only) debris. 2. Bulkhead instead of rip rap revetment. It is more difficult to establish an intertidal marsh in front of a vertical face wall. A revetment absorbs the kinetic energy of a wave, while a vertical face wall reflects wave energy , thereby, potentially damaging the planted marsh. In addition, a bulkhead for this length of production would cost +or- $30,000. E. Issues of Controversy There have been comments at the Southold Town Trustees public hearings that the owner was only trying to increase the value of Lot //2 in this project. No further comment need be made as to this suggestion. F. Matters to be Decided The matter to be decided is solely that of the construction of the rip rap walls. The Permits required: 1. N.Y.S.D.E.C. Permit granted (copy in Town' s possession) . 2. Corps of Engineers (Since structure is above Mean High Water, no permit is required). 3. Southold Town Trustees Permit granted (copy in Town' s possession) 4. Approval of Southold Town Conservation Council has been given and is on file with the Town. 4. Description of Actual Construction 1. Upon mobilization of equipment to the site , reduction of concrete slabs to size will begin. The minimum weight of cap will be 100-300 lbs. Smaller pieces will be gathered with a rock rake (931C Caterpillar crawler loader) and stockpiled. 2. Upon clearing of a 100' section, the area immediately adjacent to the toe of the escarpment will be excavated (back- hoe , or clamshell crane) to an elevation of Mean Low Water. Poly filter X filter cloth (woven polypropylene non-biodegradeable) will be placed against the escarpment and at the base of the excavation. Thiscloth allows for water penetration, but traps sand behind the -s ructure, preventing erosion through the wall. Normal drainage through the wall remains unaffected. There will be no attempt to construct a straight stone revetment. The structure will follow and conform to the existing eroded escarp- ment (follow the shoreline). The structure will be from seven to twelve feet upland of the apparent Mean High Water mark on the applicant' s property. Excavated material will be used to fill holes left by excavated concrete and timber. The area seaward of the High Water Mark will be graded to +or- to above low tide to create optimum conditions for low marsh (spartina alternaflora) plants. Any excess material (soil) will be removed to the area protected by the farm dikes constructed on the site in 1938 and maintained until 1978. The wall will, therefore , protect the upland from storm wave action and higher than normal tidal action. The toe of the revetment will be protected by the low marsh seaward of the High Water mark from toe scour. No fill will be required for the construction, or backfill of the structure. Debris seaward of the intertidal zone will be removed and carted to the Cutchogue Landfill. The intent of the owner is to do this work in November of 1995 during cold water periods to reduce siltation, and to work during a period of highly dissolved oxygen levels. The project is expected to take two to three weeks from start to completion. The area landward- of the revetment will be hydroseeded with 5• crown vetch, rough sea grasses and rosa rugosa for environmental stability of the shoreline. + i } •tom._ - - ,--., - --f-----�---a=- -.-�:•---!-- ---�-=-°G=- -�----f--_=�----;-=-=i-- �r.�----;;- - -�-= -��---� -' -+-- -�-- . 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Box 728 Southold, New York 11971 JUDITH T TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OP VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD \ NOTICE OF SIGNIFICANT EFFECT ON THE ENVIRONMENT April 9, 1985 Pursuant to the provisions of Article 8 of the Environmental Conservation Law; Part 617 of Title 6 of the New York State Codes, Rules and Regulations; and Chapter 44 of the Southold Town Code, the Southold Town Board, as lead agency, does hereby determine that the action described below is a Type I action and is likely to have a significant effect on the environment. DESCRIPTION OF ACTION Application. of Thomas E. Samuels for a Wetland Permit to construct concrete rip' rap wall on property located at the west side of Narrow River Road, on Hallock's Bay, Orient, New York. Further information may be obtained by, contacting Mrs. Judith T., Terry, Southold Town Clerk, Southold- Town Hall, Main' Road, Southold, New York 11971. Copies to: Charles T. Hamilton, DEC, Stony Brook Commissioner Williams, DEC, Albany Southold Town Building Department Board of Southold Town Trustees Southold Town Conservation Advisory Council Town Clerk's Bulletin' Board Thomas E. Samuels 1 I Town Hall, 53095 Main Road P.O. Box 728 ria Southold New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April '12, 1985 Thomas E. Samuels Wunneweta Road Cutchogue, New York 11935 Dear Tom: Enclosed herewith is ''a "Notice of Significant Effect on the Environ- ment" with respect to your application for a Wetland Permit to the Town Board, which determination was the subject of a Town Board resolution on April 9, 1985,• copy of which is also enclosed. You are hereby requested to prepare a Draft Environmental Impact Statement for submission to me upon completion. Very truly yours, Judith T. Terr� Southold Town Clerk Enclosures (2) Town Hall, 53095 Main Road P.O. Box 728 a p Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801- REGISTRAR OI'VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD ATA REGULAR MEETING HELD ON APRIL 9, •1985: WHEREAS, Thomas E. Samuels has heretofore applied to the Southold Town,Board for a Wetland Permit ton, certain' property located on the west side of Narrow River Road, on Hallock's Bay, Orient, New York, NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS : 1. That pursuant to the provisions of Article 8 of the Environmental Conservation Law, Part 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chapter 44 ;of the Southold Town Code; the Southold Town Board, as lead agency, does hereby determine that the action proposed is,a Type I action and is likely to have a significant effect on the environ- ment. 2. That the Town Clerk shall file and' circulate `such determination as required by the aforementioned law, rules and code. 3. That the Town Clerk immediately notify the applicant, Thomas E. Samuels, of this 'determination, and further request said'applicant to prepare a draft environmental impact statement, all in',accordance with said' laws, rules and. code. Judith T. Terry Southold Town Clerk MUM L7® W U R 3Ca oS STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION 50 Wolf Road Albany, New York 12233-0001 In the Matter of the Application - of - THOMAS E. SAMUELS c/o J. H. Rambo, Inc. (Hallock' s Bay Subdivision) For a Tidal Wetlands Permit and variances pursuant to the Environmental Conservation Law (ECL) , Article 25, to place rip-rap and subdivide land for two single-family houses (the "Project" ) in an area adjacent to tidal wetlands (the "Site" ) , located in the community of Orient, Town of Southold, Suffolk County, New York. Tidal Wetlands Permit Application No. 10-84-0175 DECISION March 29 , 1985 DECISION OF,, THE COMMISSIONER The attached Hearing Report (the "Report" ) of Administrative Law Judge A. Marshall Irving,; including Findings of Fact and Conclusions in the Matter of ,the Application of Thomas E. Samuels, c/o J. H. Rambo, Inc,. , Bishops Lane, Southampton, New York 11968 , for a tidal wetlands permit pursuant to the Environmental Conservation Law (ECL) , Article 25 , to place 340 feet of rock rip-rap and thereafter to subdivide an existing parcel for two single-family houses (the "Project" ) in an area adjacent to tidal wetlands ( the "Site" ) , located in the community of Orient, Town of Southold, Suffolk County, New York, is hereby adopted as the Decision in this matter subject to my comments below. My review of the record of ,this proceeding confirms the Administrative Law Judge' s conclusion that the proposed Project meets or exceeds the standards contained in 6 NYCRR Section 661.10 . Accordingly the Department Staff is hereby directed to issue a permit subject to the Department' s standard conditions for a project of this type and the additional special condition recommended in Conclusion No. . 7 . IN WITNESS WHEREOF, the Department of Environmental Conservation has caused this Decision to be signed and issued and has filed the same with all supporting documents in its office in Albany. this 29thday of March, 1985 . DEPARTMENT OF ENVIRONMENTAL CONSERVATION HENRY G. WILLIAMS, COMMISSIONER t 1 f t T STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION 50 Wolf Road Albany, New York 12233-0001 In the Matter of the Application - of - THOMAS E. SAMUELS C/o J. H. Rambo, Inc. (Hallock' s Bay Subdivision) Tidal Wetlands Application No. 10-84-0175 HEARING REPORT t by ADMINISTRATIVE LAW JUDGE A. Marshall Irving hereby submits this Hearing Report including Findings of Fact and Conclusions in the captioned matter. Administrative Law Judge 'a PROCEEDINGS On June 15 , 1984, the Staff 'of the Department of Environmental Conservation (the °"Department") determined complete the application of -Thomas E. Samuels, c/o J. H. Rambo, Inc. , Bishops Lane, Southampton, New York 11968 for a tidal wetlands permit to construct a rip-rap retaining wall, subdivide land for two single-family houses and related improvements, collectively ( the "Project" ) on lands designated Tidal Wetlands Adjacent Area (AA) on the Applicant' s property (the "Site" ) located on Hallock' s Bay in the community of Orient, Town of Southold, Suffolk County , New York. This application was filed and processed pursuant to ' Environmental Conservation Law ( "ECL" ) Article 3 , Title 3 (General Functions) ; Article 70 (Uniform Procedures) ; Article 25 (Tidal Wetlands) ; and pursuant to Ti-tle 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ( 116 NYCRR" ) ; Part 661 (Tidal Wetlands - Land Use Regulations) ; Part 621 (Uniform Procedures) and Part 624 (Permit Hearing Procedures) . Notice of Complete Application was published in the Suffolk Times on June 28 , 1984 and in the Department' s Environmental Notice Bulletin on June 27 , 1984. A Notice of Public Hearing was published in the Suffolk Times on October 4, 1984 and in the Department' s Environmental Notice Bulletin on October 10 , 1984. Copies of the Notice of Hearing were also sent to the Clerks and, Chief Executive Officers of the ` municipalities within whose boundaries the affected wetlands are located, and to others who expressed an interest in this matter. The public hearing was held before Administrative Law Judge A. Marshall Irving in the Southold Town Hall, 53095 Main Road, Southold, New York on October 25; 1984 at 10 :30 A.M. The Applicant appeared at this hearing on his own behalf. Additionally Robert Forgione of the consulting firm Blenstock & Lucches, P .C. , sanitary engineers also appeared at the hearing as a witness for the Applicant. The Department Staff was represented by Dennis Cole, Environmental Analyst, Bureau of Regulatory Affairs, Department of Environmehtal Conservation, Region #1 Office, Stony Brook, New York. Mr. Fred Muchacke, Marine -,Resource Specialist II , Bureau of Marine Habitat Protection, also with the Department' s Stony Brook Regional Office appeared as a •witness for the Department Staff . The Parties-In-Interest in this proceeding ( collectively the "Intervenors" ) are as follows: Arthur Tyrrell, Southold Town Bayman' s Association; Martin Trent; Kathleen Latham; Dr . Orville i Terry; Ruth Oliva, President, North Fork Environmental Council; and Dorothy Berks, Orient Association. The following persons also attended the hearing: Scott Sutcliffe, Long Island Chapter-The Nature Conservancy; Betty King, Gertrude H. Reeves , Todd 3erks , Francis J. Ferriera, Claude M. Conklin, William D. Tuthill and William Ashworth all of whom are members of the Orient Association; Stewart W. Y. Horton , Orient Preservation Commission and the following local residents, John Hoins, Emily S . Alford, Estelle E. Adams, Franklin Bear, Lyndal Brandeis, Kevin J. Aylward, Edythe J. Cockerill, Adrian B. Cockerill and J. A. Mould. The stenographic record of ;the baring was received on December 17 , 1984 . Following receipt of a post-hearing submission by Mr. Forgione and "allowing five days for replies by the parties, -the hearing record was closed on February 19, 1985 . STATE ENVIRONMENTAL QUALITY REVIEW ACT ( "SEQRA" ) Pursuant to 6 NYCRR Part 617 , the Department Staff as lead agency determined that the impacts of the subject Project, an unlisted action, would not have' a significant effect on the environment sufficient to warrant the preparation of a Draft Environmental Impact Statement. POSITION OF THE DEPARTMENT STAFF The Department Staff is not opposed to the proposed Project and contends that the proposed Project meets all the requirements of 6 NYCRR Part 661 for issuance of the requested permit. POSITION OF THE INTERVENORS Mr. Tyrrell (Southold Town Bayman' s Association) opposes the Project contending that any development on Hallock' s Bay would adversely affect shellfishing. ' Martin Trent, Suffolk County Department of Health Services (SCDHS) contends the two septic systems (which would eventually ' be built on this subdivided land to serve the two houses) would cause pollution of Hallock' s Bay. Mrs. Latham contends the parcel of land is unsuitable for development and that the Project. has been turned down by the Southold Town Planning Board and the SCDHS . Dr. Terry contends that any more houses in the general area of the Project would pollute the Bay. Mrs. Berks (Orient Association) contends that the Project would cause unacceptable environmental impacts on the existing land, cause pollution of shellfishing waters, and be detrimental to existing scenic views. Ruth Oliva, North Fork Environmental Council is opposed, contending that the proposed - 3 - subdivision would increase pollution of the environment and that the parcel in question is not large enough for two houses . FINDINGS OF FACT 1 . The Applicant owns a 163 ,000+ square foot parcel of land ( the "Site" ) situated in the community of Orient, Town of Southold, Suffolk County at the location shown on Appendix A and as detailed on Appendix B. The Site is an irregularly shaped tract of waterfront property with some 975+ feet of frontage along Hallock' s Bay as shown on Appendix B. Road access to the Site is provided on the west from Narrow River Road. The property has an existing functional farm dike constructed in 1938 and a masonry wall along the waterfront at or above the line of mean high water. A portion of this dike was damaged in the severe storm of March 29 , 1984 and the Applicant proposes to repair the dike in addition to constructing 340 feet of concrete rip-rap seawall upon the receipt of the requested permit. 2 . Tidal Wetlands Maps Nos. 726-556 and 728-556 , which depict the Site in question, indicate that the waters of Hallock' s Bay adjacent to this Site are "SM" ( coastal shoals , bars and mud flats) as shown on Appendix C. Almost all of the entire Site is within 300 feet of tidal wetlands and is thus a tidal wetlands adjacent area (AA) . The shoreline of this Site also contains approximately 0 . 25+ acre of Intertidal Marsh as a fringe along the shoreline mapped as "IM" on the aforesaid tidal wetlands maps . 3 . The Applicant' s proposal to construct 360+ feet of concrete rip-rap shoreline stabilization is a regulated activity requiring a permit pursuant to 6 NYCRR Section 661.5 (line 29 ) which categorizes such use of land in an AA as a "generally compatible use--permit required" . 4 . There was no contention raised by any party to this proceeding that any variances would be required to the development restrictions contained in 6 NYCRR Section 661 . 6 for ' the creation of two lots, each of which would have one principal building. As proposed by the Applicant the setback of any future buildings on the Site could be 75 feet (or more) and any on-site sewage systems could be setback 75 feet or more from any tidal wetlands bohndary respectively. The bottom of any on-site sewage disposal system could also be situated at an elevation of two feet minimum above the seasonal high groundwater level; the portion of the coverage of the Site by principal buildings could be well below 20% ; the minimum lot area requirement of 40 ,000 square feet for each lot could be met; all impervious surfaces exceeding 500 square feet could be setback 75 feet (or more ) from the wetlands, and finally all surface runoff water on the Site could be recharged on the Site by means of suitable dry wells . - 4 - 5 . As noted in the Proceedings section of this Report, the Applicant proposes to place rip-rap along the shoreline and to subdivide the land into two building parcels. No plans for the construction of either house were submitted at this time. The parties opposing the Project collectively contend that development of this Site would adversely affect the waters of Hallock' s Bay by increased runoff from impervious surfaces and from the effluent -from the septic systems. The Applicant' s proposal for the Site is at a density which is one-half the density allowed by 6 NYCRR Section 661. 6(a) (5) (ii ) (i .e. 80 ,000+ square feet per principle building compared to the requirement of 40 ,000 square feet in the regulations ) . It would also be feasible to install the septic systems on this Site for the two houses at a distance well in excess of the 100-foot setback required by Section 661.6(a) ( 2) . 6 . The Applicant presented testimony by Robert Forgione, P.E. , whose expertise includes design and research regarding on-site wastewater disposal systems. In Mr. Forgione's opinion the Site could be developed with,o' n-site septic systems meeting and exceeding all of the State and local requirements for such systems. These systems could be' installed at a minimum of 400 feet from mean high water and be constructed under "mounded fill" to meet the two-foot requirement, to protect groundwater. CONCLUSIONS 1 . It is obvious that there is sufficient land in the subject 3 .75+ acre Site to create two lots, each of which could be developed with a principal building in full compliance with all of the development restrictions in 6 NYCRR Part 661. Furthermore, the proposed concrete rip-rap wall and the subdivision of this 3 .75+ acre Site into two parcels of 83 ,000+ and 80 ,000+ square foot building lots respectively would be compatible with the policy of the Tidal Wetlands Act to preserve tidal wetlands . Additionally, no tidal wetlands would be destroyed or affected by the proposed Project since the rip-rap would be installed above the line of, mean high water and upland of any tidal wetlands areas . 2 . The proposed Project is compatible with the public health and welfare in that the density of development is only one-half of that allowed by 6 NYCRR Part 661. 3 . The proposed Project complies with the development restrictions in 6 NYCRR §661 .6 since no variances would be required for the future planned development of this Site with two houses . 4 . There would be no undue adverse impact on any of the values and functions of the nearby wetlands since these wetlands 5 - would not be disturbed and would remain essentially unchanged by this Project. The effects of two more septic systems in the general area of Hallock' s Bay, which would meet or exceed all State and local requirements were not shown to be of environmental significance . Furthermore, the contentions of the Intervenors that the Project as proposed would have an unacceptable environmental impact on the waters and sheilfishery of Hallock' s Bay were not supported by any evidence or testimony to demonstrate that effluent from the septic systems would eventually cause any problems in the adjacent tidal waters . Additionally this Project would not result in an over-development of the shoreline in the area in a manner similar to other communities or shoreline areas on the eastern end of Long Island where over-development has been shown to have caused pollution of tidal wetlands and/or tidal waters. 5 . The Project complies with the use guidelines of 6 NYCRR §661 .5 since the subdivision would consist of oversized lots and the future probable construction of two dwellings on this Site is categorized as "generally compatible--permit required" in 6 NYCRR §661 .5 at line 46 . 6 . Although the issue of aesthetic appreciation (view ammenities) was raised by several of the Intervenors there was no proof offered on this issue which would demonstrate that this Project would unacceptably degrade the existing aesthetic values of the general area from either the standpoint of public or private concerns. 7 . In view of the foregoing Findings and Conclusions it is reasonable to further conclude that the permit requested by the Applicant should be issued subject to the Departments ' s standard conditions and the following special condition: (A) This permit is limited to the placement of rip-rap and the subdivision of the Site into two lots all as shown on the maps filed with the subject application. Separate permit application(s) must be submitted for any future construction of residential or other principal buildings on this Site within any tidal wetlands adjacent areas . (B) On-site water supply wells and on-site sewage disposal systems for future houses on the two lots must meet the regulations of the Suffolk County Department of Health Services . 48 49 S U Mulford Pf. Terry Pt 4rj` Q'aL �r PETTYS BIGHT 'a4, LASr MAWOQ '9474CH _ OR'EN'PAN 7' _ . : ORIENT �° ° �gasH Val a bas a "wo •.p +��—'Z�•.l D 4. GAFLES s 1 CEn ° C/RVORf� I,,, F< D J�• +„w+ I• I�p < Ornent Y.C. L^ , IENTI- vy , ON`QT �m `h' 9 I- I 4 ®� 'v � oi3' i\ CEH 0 79 0 R 1 E N T 4 119 57 Eagle Pt o , 0Py H A R B 0 R LONG BEACH BAY BEptN Browns Pt oalENt Ben's Point Peters Neck R ORIENT BEACH STATE PARk LONG BEAN Long Beach Pf \ LH-3:� u� rz� FORT TERRY 4 X11// PLUM—ISLAND �.• U S AN/MAL DISEASE LH LONG L ASORATORY LONG BE \6• 0 A G� 1195 O PLUM ISLAND RO( \ , da O L.H. �\GT I la �rienI Pf. )LITTLE H 6-1, R —RAM, Thamas E. Samuels ,('UJ ISLAND � (Hallock's Bay Subdivision) :LES INLET ° Ram Head Application No. 10-84-0175 Pt PomAppendix A Shanty Bay Rem Isl. Yacht Clu MJF, E ��� �'.i Tom•!• La rrj, = O 3, 3-OJ � .� �f :,oma ? y� � ----r - - - -•- - _. �' 6� t L L L Thomas E. Samuels i (Hallock's Bay Subdivision) .� Application No. 10-84-0175 G ', ' '' '�zo� ! Appendix B -i;14 Y 5c. Soot = ,. -- t Scale 1" = 100 FT ± -F IX 1�.E�1•?IsES -\r 04 .5 `;-. '•i�A � "P, Rt tht 27 -d t:r . ,: � 1 .,x ,.w�. �..h��.�jy"'�r► i,-idSClv'' �?C �� r; is.,t �i�,..��V&?�:. {{7 - r"` `31.`C y.;• piY•C`':"��`,i"r•�t_ 'i°^' S, '�'�\�' '! '.rTi l•t�';x,1��y1�,L-+�il'�'�r�i''�l�y'.t s 'h 7 ��'' +a� .apt � , �`� '�t� . •-',�� J $9 µa'Y;fk4♦a���;, iiYir?'.•,yy':'r"r���'' L '' ; F.h. 'k`iT'�' - �,Y2' it{ t�.1.. `j �� .4 ..♦ �${t' '4eoi �^�J_G::. d.. •-i��` 7�. a:t+S F}` •3 "TlY ••�r ! t �` •mrai_`^,� ;P,Jf�`i*F n•. i St,i ' .�<t♦ F � Z "� rl? 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Ic,s � �pf(fjjj„x�:'rl�,1-�•`�' ..PP"���"'yy,�••Y�y��.� 1''� `, _ ,�` , `�'"}`'�• �-��• ��i`��t�•''(:+. + Dr>�l'yti� VT'Y'il�JW .9'. �,g�� ��;_ryr - . - '(�•„ ix, ��` C"� "'1.`!r.5� �f r)'�'��'(+ 1, .L L r.� •e. y � .r�. �• 'P 1 k• _ +� ���" '�'� i•: 'i' P t�'t �4-''t �SS'.c�, 'er E �Fi v'� y < d � ;�k. '�” 4�°y'' i�', •. .may Ih2 r �. •J i �iprt' ;,r"' f,!itS4��'�,jJ��•_4 i"t' `�q�-��y�����y�"•�y q�� u ''�y�S S•i�l'��„M:.'•y 1,S��'Kit.:�f��$��. aaA`,ik A'�.i� .-71�} I. �'F �!'` .,;�ry,`��y§ �'fY" ��„+'''_•Mr '�,�a, :_3.+i�i:'.. .�.�..v.�'i6.�,t"�� '� . . ,`���•� Thomas E. Samuels Scale 1" = 200 FT (Hallock's Bay Subdivision) r� J K } ' - Application No. 10-84-0175 r Appendix C ar. 't 4r'L, :- 'DR44at'.a �r r-' �1 �F _ {�i�, 5 } I ;^yI� • �`��p �_ ',� � f' r*1/ ('1' � +11��."It ,_1• � .•6 ,,p��j � � 'Ar'C Y. rl� C a vr����� .ci- �t� +.•,E y n Y a `}3�'(-:�,y trY't ��,R-t�F �"'��y "tl' S i li f.S frtf` 4 i Z�y hal y§!x t lie•. ty a �i=•,�,} �![ .,ia• 3,� �- .TW'i R7i`Y"y � •T-` '!��}vN !'r�,� b�n.° ,y� „ .<. �" v . x .,� ..t, „ ..5,,.�,'ia Iti � V;• ,4�•p.i�'�d!`"-•, prL' � �. i r .Y�}FL_1��,SJ f CiS.'A',?,j ;?"3`�'''.�,. ORIENT ASSOCIATI®N RECEIVE® Box 44,RD#1 Orient(Long Island),N.Y. 11957 NOV . 1984 Town Clerk Southold November 2, 1984 Southold Town Board Southold New York 11971 Re : Thomas Samuels application for subdivision, Narrow River Road, Orient Dear Members of the Town Board: The Orient Association has taken a position in opposition to the application of Thomas Samuels, and we are enclosing letters that were entered as testimony at the DEC Hearing on October 25th with Justice A. Marshall Irving presiding. We would like copies of these letters included in your files . ° (�: rcerelywo-Urs, t`R. LNewman responding Secretary Enclosures (3) Letters from: Orient Association, Dorothy M. Berks Patrick E. Lyons Fredrica L. Wachsberger ORIENT ASSOCIATION Box 44,RD# 1 Orient(Long Island),N.Y. 11957 October 25 , 1984 - Justice A. Marshall Irving , Administrative Law Judge New York State Dept . of Environmental Conservation Office of Hearings , Room 213 Building 40 , SUNY Stony Brook, N. Y . 11794 RE : Application 10-84-0175 Dear Justice Irving, This testimony has been prepared with the cooperation and approval of the Board of Directors of the Orient Association upon recommendation of the Association membership . In the absence of the Association' s presiding officers, it is respectfully submitted by yours truly acting in their behalf . The position of the Orient" Association in opposition to both parts of Mr . Samuels ' application has been stated ' in part in four letters which accompanied 'our request for party status . We request that those letters be counted in today ' s hearing, together with all letters from other associations and private petitioners who plead that no development be allowed to destroy the integrity of Hallock Bay. The Master Plan for Southold Town, ,which is nearing completion, will, with good reason, recommend that land in Orient located south of the Main Road be upzoried to five acres . Today ' s hearing concerns an application to place two homes on a mere 3. 75 acres of some of the most fragile of that land . Locally known as the "Potato Dock" , this part of the Hallock Farm is the relic of a sizable shipping operation which was obliterated by the Hurricane of 1938 . On August 29 , the Southold Town Planning Board , as lead agency in this application, denied Mr . Samuels ' application because more than 3/8 of the property, (i. e. , 31, 000 of 80, 000 square feet , ) are subject to flooding and therefore, not eligible in establishing lot size. The Planning Board also expressed the opinion that this is a poor area for such a proposal. Directly across Narrow River Road from the Samuels property, the southernmost building lots of the Settlers at Oysterponds development are divided into long, rectangular parcels of roughly ten, eleven and twelve acres . 2 . Because of problems of flooding and drainage inherent in this area, the building envelopes for these three lots are designated as far back as possible from Narrow River Road , the Samuels property, and the desirable water view. The remaining seven lots of the subdivision contain a minimum of five acres . We suggest that the Planning Board ' s standards for this development be required for all other development in Orient until the Master Plan is officially in place. A good measure of the Orient Association ' s opposition to this application centers on the short environmental assessment form submitted by Mr . Samuels , who answered all questions in the negative . We respectfully submit our respone to the same form: 1 . Will the project result in a large physical change to the project site or physically alter more than 10 acres of land? NO. Does not apply. 2. Will there be a major change to any unique or unusual land form found on the site? YES . The portion of the property which is now wetland with wetland flora might be changed by - residential use, such as docks or piers . 3. Will project alter or have a large effect on existing body of water? UNKNOWN. There is the strong possibility that septic waste will create problems for the public swimming area to the south of the property and for shellfish in the immediate waters . The problem of septic waste will be of particular concern because of runoff after heavy rains . 4. Will the project have a potentially large impact on groundwater quality? UNKI OWN. 5 . Will project significantly effect drainage flow on adjacent sites? UNKNOWN. Lower parts of Narrow River Road already flood -at times of heavy rains . Nothing is known of the applicant ' s plans for grading or containing drainage to his own boundaries . 6 . Will project affect any threatened endangered plant or animal species? NO . 7 . Will project result in a major adverse effect on air quality? NO . Does not apply . 8. Will project have a major effect on visual character of the community or scenic views or vistas known to be important to the community? YES , EMPHATICALLY . The very heart of what is perceived to be Orient lies in the hamlet of Orient , which has landmark designation and in the Narrow River Road-Hallock Bay area which we hope is on the way to becoming a nature preserve , At all seasons , this area offers an unbroken vista of the 3 . type of environment that is being systematically nibbled away by development . Given the low quality of the applicant ' s - land , the landfill and berming required to create a buildable site would cause an abrupt intrusion in an area of flat , open space and long views in uncharacteristic and undesirable way. 9 . Will project adversely impact any site or structure of historic , prehistoric or paleontological importance or any site designated as a critical environmental area by a local agency? UNKNOWN. The outcome of this application will have a major effect on determining the environmental importance of the Hallock Bay area. 10. Will project have a major effect on exiating or future recreational opportunities? UNKNOWN. Historically , the existence of a residence adjacent to a public area creates problems . 11 . Will project result in major traffic problems' or cause a major effect to existing transportation systems? NO. Does not apply. 12 . Will project regularly cause objectionable odors , noise , glare, vibration, or electrical disturbance as a result of the project ' s operation? NO . Does not apply. 13. Will project have any impact on public health or safety? UNKNOWN . We refer_ again to potential problems regarding the adjacent public bathing area and the shellfish in the immediate area . 14 . Will project affect the existing community by directly causing a growth of more than 5 percent over a one year period or have a major negative effect on the character of the community? YES to the second part . We refer again to the Master Plan' s recommendation for five acre zoning in this area, as well as to the letters sent to the DEC and other agencies , expressing local sentiment about what this property represents to the community. 15. Is there public controversy concerning the project? YES , EMPHATICALLY . As Mr . Samuels knew at the time he checked NO, his application is opposed by the Orient Association, the North Fork Environmental Council, the Baymen' s Association, and by private petitioners . Altogether , this represents approximately one thousand residents of Southold Town in general and of Orient in particular who have joined together in opposition to the senseless loss of a cherished environment . - a 4 . Our tally of Mr . Samuels ' environmental impact form counts five NOs , four of which do not apply,, four YESses , and six ULTKNOWNs . Of the questions that we have answered as unknown, we sincerely hope that you will make your decision on the side of caution. Much is said about the right of an individual to develop land for financial gain, and the Orient Association wishes to make it clear that it supports this right, but only. insofar as it does not encroach upon the rights and income of others . This includes the rights of a future buyer who may find at a future date that building on such a site is inadvisable . As our Planning Board states , it is , indeed , "a poor area to squeeze in two lots ." Respectfully submitted, Dorothy (, ) Berks On behalf of the ORIENT ASSOCIATION a .a PATRICK L LYONS 203 EAST 29th STREET NEW YORK,NY 10016 MAIN ROAD ORIENT,NY 11957 October 15, 1984 A. Marshall Irving, Administrative Law Judge New York State Department of Environmental Conservation Office of Hearings, Room 213 Building 40, SUNY Stony Brook, NY 11794 Re: Application number 10-84-0175 As a resident of the hamlet of Orient, New York who may not be able to personally attend the hearing on October 25 for the above application, I wish to have my comments and testimony presented and made a part of the record of the hearing. I object to permission being given to the applicant to create a subdivision and to construct a rip-rap retaining wall. I further object to the DEC allowing an construction on the banks of Hallock's Bay and Narrow River for the following reasons: (1) The parcel in question is located in a flood-plain area which historic evidence has shown would be subjected to a tidal wash-over in a severe storm. (2) The possibility of further contamination and pollution of Hallock's Bay is real and immediate if permission for this type of construction is approved. We have recently witnessed the closing of Mattituck Creek and other waters in Southold Town to shellfish harvesting as a result of pollution. The threat to an area as important as Hallock's Bay is taoover whelming to allow any further danger from residential pollution. (3) The proposed sub-division and the resultant construction would create an aesthetic blight on the almost pristine shoreline of Narrow River and Hallock's Bay. The Bay is bordered on the north by Long Beach, which is a NY State park and preserve and will remain in an undeveloped state forever; on the east, Gid's Island is being considered for purchase and protection as another nature preserve; the various tidal wetlands acts will protect the marshlands to. the immediate east of the site and to the west of the site, the Town of Southold owns land used as a public access area and community groups are even now studying alternatives which will have as their end, the inclusion of Narrow River and Hallock's Bay into a permanent natural preserve. Shore-line, residential development is therefore incongruous and incompatible with the current and future uses of Hallock's Bay. (4) Property adjacent to the above site has recently been subdivided into 5 acre parcels and that land, although sharing many of the ecological problems as the site, if developed will pose a smaller threat to Hallock's Bay. (5) The proximity of a public access, on the immediate east of the site, will surely result in social disputes and disruption if sub-division approval is given. The public has an inviolate and constitutional right to the beaches and this will surely lead to a conflict with the owners of the developed parcel, who will have a considerable financial stake in the site as a private residence. The community of Orient has traditionally made heavy use of this access to Hallock's Bay and high-priced, exclusionary development will surely have a chilling affect on the continued enjoyment by the community as a whole. Page 2. The development of this site is clearly detrimental to the community as a whole and to the natural environment and should not be approved. It is the right of an individual to use his property as he likes, but that right has always stopped well short of letting that individual jepordize the rights of society as a whole. This is the case we have before us today. Mr. Samuels right to financial gain should not be placed before the rights of the community as a whole to enjoy continued and fruitful use of Hallock's Bay. Sincerely yours, Patrick E. Lyons Applicant: Thomas E. Samuels c/o J.H. Rambo Inc., Bishops Lane, Southampton, NY 11968 Application number: 10-84-0175 i G E l 7 Y C L F s G. ant September 30, 1984 A.. Marshall Irving Administrative Law Judge New York State Department of Envi-ronmental Conservation Office of Hearings Room 213, Building 40 1, - Stony Brook, NY 11794 Re: #10-84-0115: - Narrow' River Road," Orient Dear Justice •Irving, - I am writing as a property owner and resident of .Orient, New York,. and as a member of the Orient Association and its committee, for the preserveation of Hallock's Bay., I r6quest party status at the hearing for myself or other ,representatives- of the committee or the association. I am enclosing photographs which I would like- to have entered as evider_ce .in the proceedings. The property in question, on Narrow River Road, has been denied a subdivision by the;' Town- Planning Board of Southold on the grounds of insufficient acreage. We strongly urge that permission to build a revetment be denied as well, and indeed that no building be allowed; on this property, for the following reasons:•• • 1 . Hallock's Bay is very fragile and is of vital importance to the- ecology of the east end: and to its shellfishing industry.. The closing of Mattituck- and Mill Creeks to shellfishing by the DEC illustrates how close- and imminent is the danger •of bacterial Pollution of Hallock' s Bay due to' storm runoff and residential septic systems. 2. This property is particularly 'sensitive for two reasons:- it is immediately adjacent to public access for swimming and shellfishing, and it is of very low elevation, considerably lower than Narrow River Road and nowhere, except immediately at, the existing portions of;; the dike, more than five feet above mean high water-. It is entirely flooded in heavy rains, as has occurred many times- during this 'summer. This , and the shallow septic system, would cause immediate danger of pollution of the public swimming and shellfishing area , a-s well as the larger bay. Permission to build here should be denied under Section A 106-36C of the Wetlands Ordinance. It should be pointed out that the "Settlers" property directly across Narrow River Road from the Samuels property is there divided irAy 10, 11 and 12 acre lots. because of the flooding and drainage problems, . agV the building envelopes are at the opposite ends of the lots. 3. A minimum of five-acre zonin4as been recommended for this rea of Orient under the Master Plan, to preserve the va.ter' t- ble. 4. The rip-rap revetment would be entirely out of scale and gross imposition aesthetic-illy :=nd ecologic-:-11y. Ple_,se note that the line of it has notil� been included on sir". Samuel 's survey; I am submitting photographs which show the position of the markers for it. The Town Trustees, who were not certain -of "its exact- position, recommended approval of items construction only to. the height of the existing elevation of the land; • 1� it can be seen from photographs that in many places the land is little above high water mark. Existing masonry walls are less than five feet in height. An earthen dike -would, be more appropriate aesthetically and ecologically. 5. Development of this property would not be consistent with the expressed intention -of the state and the�town to preserve Hallock's Bay; and the purchase thereby of neighboring property. Additional property in the vicinity is protected by -the - Nature Conservancy. The Samuels property is a small but crucial lynchpin in this preservation effort, because of its direct proximity to public bathing and shellfishing and because, except„ for the marine buildings, themselves apparently of questionable legality, there are no other residences on this stretch of frontage of the bay, nor threatening the -creek. Sincerely, Fredrica. L. Wachsberger { SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL RECEIVED Southold, N. Y. OCT 2 51984 October 23, 1984 Mrs. Judith Terry Town Clerk Southold Town Hall Southold, NY 11971 Dear Mrs. Terry: The following action was taken by the Conservation Advisory Council at a regular meeting held on Tuesday, October 23 , 1984 . RESOLVED to recommend to the Southold Town Board approval of the wetland application of Thomas E. Samuels to construct concrete rip rap revetment composed of on site concrete road paving and removal of piling and debris from below mean low water mark. Narrow River Road, Orient. Respectfully submitted, FRANK CICHANOWICZ, CHAIRMAN Jane Rousseau, Secretary 1 TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 REMVED Southold, New York 11971 AUGZ August 31, 1984 Town Clark Sadhold Mrs. Judith T. Terry Town Clerk Town Hall Main Road Southold, New York 11971 Dear Judy: Transmitted herewith is the action taken by the Board of Town Trustees at a regular meeting held on August 30, 1984: RESOLVED to recommend to the Town Board Approval of the Wetland Application submitted by Thomas E. Samuels to construct a concrete rip rap revetment, Narrow River Road, Orient, with the stipulation that the revetment is planted in, front with spartina grasses. Also, the Trustees would like to see enough open spaces so that the rip rap does not become a concrete wall. Sufficient inspections are to be made to see that the bottom of Hallocks Bay is not invaded and that the navigational structures could be removed for the public better-ment as maintained in the application. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfiffer ing Secretary to Board cc: Trustees State of New Yorlc RECENM DEPARTMENT OF ENVIRONMENTAL CONSERVATION SEP 271934 ' - PUBLIC' HEARING NOTICE Town Clerk Southold r APPLICANT: Thomas E. Samuels c/o J .H. Rambo Inc. Bishops Lane, Southampton, NY 11968 APPLICATION NUMBER: 10-84-0175 PROJECT DESCRIPTION AND LOCATION: Create two lot residential subdivision by dividing a 3.75 acre parcel into 2 lots of $3,300 6q. ft. and $0,000 sq. Vit. and install 340 ft. of concrete rip--rap wall landward of mean high water. Located on west side of Hallock's Baby on the east side of Narrow I--ver in Orient, Town of Southold, Suffolk County. a PERMITS APPLIED FOR: Tidal Wetlands SEAR: The staff of the Department of Environmental Conservation, as lead agency, determined- that the magnitude of the environmental impact of the pro- posed project does not warrant the preparation of a Draft Environmental Impact Statement, and issued its determination on June 15, 1954., pursuant to 6 NYCRR Part 617. i PUBLIC HEARING: An adjudicatory public hearing on the application will be held on October 25, 1954 at 10:30 A.M. in the Southold Town Hall, 53095 Main Road, Southold' NY 11971. STATUTORY AND REGULATORY PROVISIONS: The processing of this application is pur- suant to Environmental Conservation Law OIECL") Article 3, Title 3 (General Functions, Article 70 (Undform Procedures; and Article 25 (Tidal GTetlands)9 and pursuant to the Official Compilation,of Codes, Rules 'and Regulations of the State of New York (,,6NYCRR,?), Part 621 (Uniform Procedures) and Part 661 (Tidal Wetlands.-Land Use Regulations); and Part 6214 (Permit Hearing Procedures). FILING FOR PARTY STATUS: Party status to participate at the adjudicatory public hearing held. by this Department will be accorded only to those persons who can provide a clear demonstration of soci a1., l,economic, or environmental interests which are likely to be affected by the proposed project. All persons, -groups, corporations or agencies desiring party status at the hearing must file a specific statement in writing containing precise grounds for opposition, support, or inter- est for the project, including the nature of the argument and evidence which the person intends to present at the hearing ,and any other matter believed relevant. ALL FILINGS REQUESTING PARTY, STATUS TO AT'PEAR AT THE HEARING MUST BE RECEIVED AT THE OFFICE OF HEARINTGS,fd'_1THE FOLLOWING ADDRESS NO LATER THAN TIME CLOSE OF BUSINESS ON October '19, 1954: A. Marshall Truing, Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings, Room 213, Building 40, SUNY, Stony Brook, New York 11794: Telephone (516) 751-7900v Extension 255. Moo Page 2 (� J DOCUMENT AVAILABILITY: The application can be reviewed and copies of reproduc— ible portions obtained for 25—cents per page at the above address. All Parties having an interest in this Project are urged to attend or be rep— resented either individually or collectively at the hearing and to submit pertinent testimony and exhibits to insure consideration of all positions and issues. The Department's Decision will, be based solely on the hearing record. The hearing may be cancelled if the filed objections are withdrawn or resolved. A.;,'Mar shall Irving Administrative Law Judge Stony Brook, New York DATE: September 24, 1984 ,J SOUTHOLD TOWN CONSERVATION 'ADVISORY COUNCIL Southold, N. Y. RECEIVED SEP G 1984 Town Clerk Southold August 2 8 , 19 8 4 Mrs . Judith Terry Town Clerk Southold Town Hall Southold New York 11971 Dear Mrs . Terry : The following action was taken by the Conservation Advisory Council at a regular meeting held --Wednesday, August 28 ,1984 . RESOLVED to recommend to the Southold, Town Board ,apptoval of the wetland application # 217 -submitted by Edward Quintieri and Richard Pulcini, to install timber bulkhead and two returns at James Crrek and to plant with alternaflora spartina the area seaward of structure . The Southold Town Conservation Advisory Board has tabled again the application of Richard J . Cantwell #207 , Orient . Mr .. Cantwell has been requested by the Council to make, two test wells and submit the results of them to the Council . Also, The Council has tabled the application submitted by Thomas Samuels . Mr .Samuels" was requested to submit a commitment to restore the alternaflora that would probably be destroyed in the process of completing the work as outlined in application # 212. RESOLVED to recommend to the Southold Town Board approval of the -wetland application # 218 , submitted by Willow Point Property Owner Association, to maintenance dredge . Application approved providing dedging depth will be no more than 1 on 2 slope or 8 ft away from -existing spartina grass before final depth is reached . RESOLVED to recommend to the Southold Town Board approval of the wetland application # 219 , submitted by Henry J . Tremblay, to construct two floating docks . RESOLVED to recommend to the Southold Town Board approval of wetland application # 220, submitted by Beixedon Estates Association, to maintain drainage of Hippodrome Pond . The Council recommends that in all cases , spartina be preserved with 8 foot buffer and excavation creates on,y 2 to 1 clope into channels .! Although the Council makes no objections in principle to 80 foot excavation, two alternatives were suggested : A - 40 foot excavhtion along beach before channeling out into bay B - Direct through excavation from Hippodrome Creek into Bay- with no right angle . Catwalk bridge erected over Hippodrome ,Creek SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL Southold, N. Y. RESOLVED to recommend- to The Southold Town Board approval of wetland application # 221 , submitted by Bernard 0 . Monson, to construct a bulkhead and docking assembly. RESOLVED to recommend to the, Southold Town Board approval of the wetland application # 222, submitted by Leonard Beckenstein, to construct one timber dock, fixed elevated' catwlak,ramp, and two floats . RESOLVED to recommend to the Southold Town Board approval of the wetland application # 223 , submitted by Leonard Beckenstein, to construct on timber. dock, fixed elevated catwalk, ramp, and two floats . Respectfully submitted, FRANK CICHANOWICZ , CHAIRMAN L/ Jane Rousseau,Secretary SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL RECEIVED- Southold, N. Y. JUL 2 61984 'down C9erk Southo1c3 July 26, 1984 Mrs. Judith Terry Town Clerk Southold Town Hall Southold, NY 11971 Dear Mrs. Terry: The following 'action was taken by the Conservation Advisory Council at a regular meeting held Tuesday, July 24, 1984 . RESOLVED to recommend to theiSouthold Town Board approval of the wetland application #206, submitted by"Harbor Lights Property Association to maintenance dredge. Application approved provided all spoil is placed to the east of the beach and then removed so it does not wash back into the wetlands. The Southold Town Conservation Advisory Board has tabled the application of Richard J. Cantwell #207, Orient. He will be invited to attend the August meeting. RESOLVED to recommend to the' Southold Town Board approval of the wetland application #208, submitted by En-Consultants, Inc. on behalf of Ludwig Becker to construct a timber dock, catwalk, hinged ramp, float, and piling's. Jockey Creek. Southold. The board would like to request that any spartina grass destroyed during dredging be replaced. RESOLVED to recommend to the Southold Town Board approval of the wetland application #209 submitted by the Land Use Company on behalf of John DiCarlo to reconstruct timber bulkhead and return within 18" of the existing structure. RESOLVED to recommend to the; Southold Town Board approval of the wetland application #21'0 submitted by Costello Marine Contracting Corporation on behalf of Janet Maddams to remove old deteriorated bulkhead and 'construct approximately 120 ' of new bulkhead. RESOLVED to recommend to the Southold Town Board approval of the wetland application #211 submitted by Leon Marcus to install dock leading to a ramp and two floats. i . I The Conservation Advisory Council has tabled the application #212 submitted by Thomas E. Samuels. The board has requested that Mr. Samuels submit a planting plan for restoring wetlands before his application is approved. The Conservation Advisory Council recommends to the Town Board that the application #213 submitted by Edward Jablonski to bulk- -_ head a portion (70 ' ) of a lot along Pettys Pond provided the bulk- head is placed approximately five feet behind the existing proposed site. RESOLVED to recommend to the Southold Town Board approval of the wetland application #214 submitted by Charles J. Galligan to install a fixed dock leading to a ramp and float. RESOLVED to recommend to the Southold Town_Board approval .of the wetland application #215 submitted by Heagan Byles to construct timber goroins. RESOLVED to recommend to the Southold Town Board approval of the wetland application #216 submitted by George Sweeny to mainte- nance dredge. Respectfully submitted, F K CICHAN WICZ , CHAIRMAN ne Rousseau, Secretary 03 A� I t I Lr P4ANNI G BOARD TO,W=N O SOU_ HOID xk Y r i SO FOLD OOUXTY Southold, N.Y. 11971 (516) 765-1938 August 29 , 1984 Mr.. Thomas _Samuels Wunneweta `Road - "- Cutchogue, NY 11935 Re: Minor subdivision Thomas Samuels Dear Mr. Samuels Please let this confirm the action of the Planning Board, Monday, August 27 , 1984 . _ RESOLVED that the Southold Town Planning Board deny the application_ .of. Thomas -Saiijue,ls,_ to;subdivide 3 :75_" acres into two parcels located 'at INarrow River Road, Orient -since 'the buildable area of the lots is less than 80, 000 square feet, therefore, lots of insufficient area would be created. - Very- truly reated. -Verytruly yours, , BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Schultze By Diane M. , ecretary AUG 2 1964 RECEIVE® AUS 2. Town Clete S®uffic9d JAMES KR ®OA& BISHOPS LANE SOUTHAMPTON, N. Y. 11968 PHONE: (516) 283-1254 WUNNEWETA ROAD CUTCHOGUE, N. Y. 11935 PHONE: (516) 734.5858 August 1, 1984 Southold Town Conservation Advisory Council Southold, N.Y. 11D71 , att: Fir. Frank Cichanowicz, Chairman Re : Furrow River Road Minor subdivision Dear Mr. .Cichanowicz: The proposed rip rap revetment will be totally above mean -high ,rater. The concrete roadway, footings and pilings, which presently are in the intertidal rangewill be removed, creating a neer intertidal zone capable of supporting low marsh (spartina alternaflora) and high marsh (spartina patens) seaward of the . revetment. In time, natural revegetation will occur, provided that wave energy allows. We have been successful, in low wave energy areas, in planting low marsh. These plants are plugged on one meter centers and in thirty six months result in a vigorous marsh. Any work of this type would, of course , be contingent on my becoming aware of being fairly treated by the Southold Town Planning Board. I am not presently convinced of this treatment. Application ori si.nated in November, 1983. If I may be of further assistance , do not hesitate to call. Sincerely, L T omas E. Samuels cc: The Orient Association Southold Town Planning Board N.Y.S.D.E.C. Application No. 10-84-0175 RICEIVED A U 9 ON A U 6 ,� 19g4 Town glob z���4� JOESHAAMBOAC. BISHOPS LANE SOUTHAMPTON, N. Y. 11968 . PHONE: (516) 283.1254 WUNNEWETA ROAD CUTCHOGUE, N. Y. 11935 PHONE: (516) 734.5858 August 1, 1984 Association at barge The Orient Association R.R.11, Box 44 Orient, N.Y. 11957 Re: Narrow River Rd. Minor subdivision Gentlepersons: I was aware , of course , of the loss of vigor of Hallocks Bay described by Mr. Horton at the last meetin-. I believe that the principal source of the lower- in- of quality of the Bay is form operation run off. There can be no question that the Orient water quality problems also find this source. Water quantity problems south of the main road are directly related to farm irrigation. It is notable that only after prolonged irriCation do the farmers experience temporary salt slater intrusion. Farming, however, is crucial to the preservation of open space. I hope that our farmers can continue to farm economically, for they are most valued citizens. The run off of 'fines' from farm erosion is a national problem. That the vitality of Hallocks Bay has deteriorated may in fact be due to the accumulation , of fines (becoming mud) over the productive bottom. In studies done elsewhere in the Town, this has been the case. There are remedies , but I believe a study of Hallocks Bay should be done. I am willing to match funds contributed by the Association for a benthic study and for core samples o.' the Bay bottom® With this data, an intelligent cont.. A-``J 2 1984 :4. S JUA bh-- s�fq? &-05 AV4,0 cont. approach to the management of the Bay could be made. I remain willing and able to help the Association arrive at the true basis for it' s concerns on the environmental quality of Hallocks Bay. Sincerely, G Thomas E. gamuelH cc: Mr. Stuart Horton, Main Rd. Orient Dr. Orville Terry, Main Rd. Orient Southold Town Planning Board Southold Town Conservation Council N.Y.S.D.E.C. (Application No. 10-84-0175 � . OLA-- j, LDji uu#I t'•'<.Z;P is 6 . '.tqk a Town Hall, 53095 Main Road P.O. BOX 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OP VITAL S1 A I-ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 18, 1984 Charles T. Hamilton Alternate Regional Permit Administrator N.Y.S. Dept. of Environmental Conservation BUilidng 40, SUNY - Room 219 Stony Brook, New York 11794 Dear Mr. Hamilton: Enclosed is application -of Thomas E. Samuels for a wetland permit and Short;, Environmental Assessment Form pertaining to the same. This project is unlisted and our initial determination of non-significance has been made and we wish to coordinate this action to conform our initial determination in our role as lead agency. May we have your view on this matter. Written comments on this project will be received at this office until August 6 , 1984 We shall interpret your lack of response to mean there is no objection by your agency. _ Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: Commissioner Williams Southold Town Building Department RESOLUTION - JULY 17, 1984 RESOLVED that the Southold Town Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Thomas E. Samuels for a Wetland Permit on certain property located at west side of Narrow River Road on Hallock' s Bay, Orient , New York. In telephone conversation with Denis Cole of the N:Y.S. D.E.C. on 7/12/84, Mr. Cole advised that the D.E.C. has classified this as a complete application and has published it in the newspapers. He stated that we should do a seperate uncoordinated review of the project , but at the same time would like to keep the lines of communication with the Town open on this project. Mr. Cole stated that the Town can declare lead agency on the wetland permit. Mr. Cole stated that there is some question as to the accuracy of the survey. It is being staked out and an inspection will be made on it. Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T TERRY L" TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL ST,1 FISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 12, 1984 Mr. Henry P. Smith, President Board of Southold Town Trustees Southold Town Hall Southold, New York 11971 Dear Mr. Smith: Transmitted herewith is application no. 212 for a Wetland Permit submitted by Thomas E. Samuels. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, Judith T. Terry, Southold Town Clerk Attachment r 1 4� Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE _ Z TowN CLERK (516)765-1801 REGISTRAR OP VITAL SIA I ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 12, 1984 Mr. Frank Cichanowicz, III, Chairman Southold Town Conservation Advisory Council Southold Town Hall Southold, New York 11971 Dear Mr. Cichanowicz: Transmitted herewith is application no. 212for a wetland permit submitted by Thomas E. Samuels. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, Judith T. Terry Southold Town Clerk Attachment - 1 ,...; �. ;. Town Hall, 53095 Main Road Cn -P.O. BOX 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (S16)76S-1801 REGISTRAR OI VITAL S I A I ISrICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 12, 1984 To Whom It May Concern: Attached hereto is Environmental Assessment Form completed by Thomas E. Samuels in connection with his wetland application no. 212 for a wetland permit. Permission is requested to construct concrete rip rap wall on property located at west side of Narrow River Road on Hallock' s Bay, Orient, New York. � . ��� ,,,,✓ ith T. Terry Southold Town Clerk Posted on Town Clerk' s Bulletin Board on 7/121&4-..- , � '',s'.` , lir "s•• hr3�` x'c:E Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 - JUDITH T.TERRY ,_ r -� TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR Of'VITAL S"I'AI"ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 12, 1984 Southold Town Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted herewith is application no. 212 for a wetland permit submitted by Thomas E. Samuels. Copies of this application have been forwarded to the Board of Southold Town Trustees and Southold Town Conservation Advisory Council on this date for their report of findings and recommendations. Very truly yours, Judith T. Terry Southold Town Clerk a Attachment TOWN OF SOUTHOLD SHORT ENVIRONMENTAL 'ASSESSMENT FORM INSTRUCTIONS : a In order to answer, the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action . It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary . (c) _ If all questions have been answered No it is likely that this project is not significant . (d ) Environmental Assessment 1 . Wi 1 project result in a large physical change to the project site or physically alter more W/ than 10 acres of land? . . . . . . . . . . . . . . . . . . . . . . Yes Wl No 2 . Will there be a major change to any unique or unusual land form found on the site? . . . . . . . . . . Yes�/fVo 3 . Will project alter•"•or have a large effect on existing body of water? . . . . . . . . Yes VNo - 4. Will project have a potentiallylarge impact , on groundwater quality? . . . . . . . . . . . . . . . . . . . . Yes �o 5. Will project significantly effect drainage j flow on adjacent site's? . . . Yes V No 6 . Will project affect a'ny threatened or endangered plant or animal species? . . . . . . . . . . . Yes Po 7. Will project result in a major adverse effect on air quality? . . . . . . . . . . . Yes Vlilo 8 . Will project have a major effect on visual character of the community or scenic views or � vistas known to be important to the community? Yes VNo 9 . Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area bya local agency? . . . . . . . . . . . .•.. . . •:: . v•. : . •: . . .- Yes -V No 10 . Will project have a major effect on existing . / or future recreational opportunities? . . . . . . . . . -Yes V No 11 . Will project result in major traffic problems or cause a major effect to existing transportation systems? . . . . . . . . . . . . . . . . . . . . . . . Yes �o 12 . Will project regularly cause objectionable odors, noise, glare, ., vibration, or electrical disturbance as a result of the project ' s operation? . . . . . . . . . . Yes o 13 . Will projecthaveany impact on public health or .safety? . . . � � . . . . 14. Will project affect the existing community by directly causing a growth in permanent population of more than 5 percent over a one year period or have a major negative effect on 'the character of the community or � neighborhood? . . . Yes �No 15 . Is there public controversy concerning the project? . . . . Yes t.-Wo PP.EPARER S SIGNATURE REPRESENTING DATE 0 1 _ Town Of Southold Town,Clerk's Office Southold, N. Y. APPLICATION FOR WETLANDS PERMIT Application No. July, 9, 1984 ................................ Date of Application .................................... Identity of Applicant .. Thomas Eo Samuels ................................................................................................................ Address of Applicant .................... . Road, Cutehogue, N.Y. 119 35 ....................... .............. .............................................................................. 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,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$50.00 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 II, Section 97-21subdivisions(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. Ir Examined .................................................. 19....... Approved Disapproved ........................................................... Cr%m4itionr, ;f arti,f .................,,. .................................................................................................................................................................. ExaminingBody ..................................................................................................................................... Signatureof Chairman ......................................................................................................................... * 4 * 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 ....Construct..concrete,.rip...rap revetment composed, of.. ...... .. ........... .................... ..... .... .. ......................................Qn...;�?.to...cQA(7-,r .p,..r9?4�..Fav ng..and„removal..°f... fling ... .. .............. ..... . ... . &,-"debris from below mean low water mark® Location of property for which permit wanted................................. N.Y. .................................................................................................................................................................. Home address of permit applicant if different from aforesaid location ......same .................................................................................................................................................................. Creek, Bay or Harbor fronting property ...... ...HalloCk.. Bax .....•.................. ........................................................... ........................,......................................................................................................................................... Size of proposed work: Length ....................3aQ:...L har.-A...................................................................................................... 6 ° Width ..................................................................................................................................................... Height Above High Water ..... aries...from..8 "..,to. 16.1 , above .MHW . DepthBelow Low Water ...........noae.................................................................................................... Yardsto be Excavated ........................................................................................................................... Yardsto be Filled ...................... QRkQ.........................................................................:.......................... Width of canal, creek or bay fronting property.....3000................................... Depthat Low Tide ...............2.°............................................................................................................... AverageRise in Tide .......................................................:..................................................................... f' Is this for private or business use? ....pr-pr-iv-ate.................................................................................... Area Zoning 2 acre residential ................................................................................ ............................................................. Manner in which material will be removed or deposited ......Cr.awl.er...lawier...teILI............... . plac..e....ma...terial . Hydraulic pavement': breakers to size concrete ... . .................................................................................................................................. Intended use of property .....Res,ident.......ial .... .......................................................................................... .... ............................................................................................................................................................. Written consent of owner of property, if not the some as the applicant ........................................ .................................................................................................................................................................. .................................................................................................................................................................. COUNTY OF SUFFOLK ) STATE OF NEW YORK ) SS: .......................•"•:•v::4... O.�.:... ................................................................ 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 Town Board harmless and free from any and all damages and claims arising under or by 'rtue of said per t , if granted. ........ .. ...................................... Signature of Applican Sworn to before me this ................................ dayof ... .. ........................ . ........ . ........ 19....�.. V? .......................... otary..Public PEGGY FINELLI NOTARY PUBLIC,State of New York No.4716725,'Suffolk County Term Expires March 30, 19$�, r' JAMES NAAMBOAC. BISHOPS LANE SOUTHAMPTON, N. Y. 11968 PHONE: (516) 283.1254 RECEIVEDWUNNEWETA ROAD CUTCHOGUE, N. Y. 11935 PHONE: (516) 734-5858 JUL 121984 Town Clerk Southold July 9, 1984 Town of Southold Town Clerk' s Office Southold, N.Y. 11971 Att: Judith Terry Re: Enclosed Wetlands Permit Applications Narrow River Rd. Orient, N.Y. Item F. Dear Ms© Terry: This property was formerly the Hallock Farm. Some years past a concrete road was constructed on what was then upland (above lJffRI) . This was used for loading potatoes and other produce by barge for commerce. Similarly, organic fertilizers were loaded for commerce. The passage of years and it' s apparently inevitable erosion have undermined and destroyed this concrete manmade structure, and it is presently in a severely deteriorated condition. Also in evidence are piling and timbers used in a futile attempt for prevent loss of this roadway, and presumably to serve as anchor piles for winching the barges to water' s edge. Some machinery is also just off shore in the bay and will be removed. Landward of the road the upland has eroded in varying degree. Thus, this project has several functions. 1. Remove deteriorated structure. 2. Increase littoral zone and restore habitat. 3. Encourage re-establishment of spartina alterdiflora marsh fringe 4. Protect -upland from continued erosion with a structure designed to accept kinetic wave energy without causing toe scour of the structure and loss of 2,3,4 above. 5. Increase and restore the public's right to passage in the ' strand' between_ mean low and mean high water. cont. or' berm, ;vias also "construct-ed_ by 'the' Nali'ocks;" ' :' ,to-Prevent flooding on--thb `north ,end--of .'the- property,- ' ich "ex. enol s along the uj�land •bef-ore'.turn ng -and -conn- . ect" ng to"Narrota River•'Ro d® ` 'Behind.this_:dike;; fariri produce;,, notably :ondons,_-�were ,grown'® :Some:=year's.=ago, :the - - neighbor to the north. built--;. 'obviously without'.-°pe_rm ssion o� the owners-,:•a fenced. d6rral. ; This fence is':"iny,.the' ° a ; process -'of removal';i�iathou�' 'raricor®- Ari :18" concrete `,condui;t'. I s ,:constructed-"-to`",allow.-drainage ,through th'e"';dike to •the, ' ,b - ` elop�s`aysis -uland the, that-' r th'e taro lot sub=di'vis:ion- presently (since N,ov 15�: _ " pen ding'`before*'the, Tawn ;Pl'anning-',Board and= the'" I�r Y'®'S®DiE '.C: To 'date.; the clearin.g�� off' undesirabhe- .upland""vege,tation r" has' been- started and will;,beJ_completed _iri".the'�'near futureo.;° -a A1.1 ;w'ork ,has"-been done ori{$'the;:'uplaiid (abbve •MIit�J':and.;l,a11: = thigh and`:lo�a"inarsi),, Pa'stzre` land:_(paddock' mix=) wbe,. _ _pl'arited_wlaeri -final_;removal`. of accumulated debri's;: 'includin.g, timbers';'.concrete., metal.. dunk'. etc® has. been completed''® ' owledgeablders'.',o'f =this; addendum to.-the,_ appTlcation vain+:be: :c,ognz"aria 'that grasses of this. type r'e`quir'e :no'; °fertil'i'z'er' or_'pest' cid' an .give- a. pleasant 'appearance'„of'> impro"ued" rie'adow;, _ Y _ ;. Enclosed'yot •w -11- :Fi 1d,,,ra the.;.de,''scrsbed: prop,os{ed"uplan.d,�proced:ures,® � ; The;,proposed, acti'ons�s=haverbe.en made 'in eoinpl'ete_,aware - nese'of quali'ty';of:-laiid,'wath, wh chr I".yam" :dealing' ;I 'trust, those.,wl o" rea"d"thi's-'wi'lliagree' and'. eJelcomeany,.'.'and„'all, sugge'stions,,=which will. nit ''coinpromiae my 'use and. rights - - .:accompaning, my' ownership. of. 'this- pro per't .,' Sin.cerely',- :Thomas' ,E'®, Samuelsjt ; ' .n, , r ` - . _ .. - • �� _ - - _• . - - _l _ rte. . , r. NEW YORK STATE DEPART.-1!JT OF ENVIRO"9;E�IAL CONSERVATIO¢! Regulatory Affairs Unit Building 40, SUNY - Stony Brook, NY 11794 Henry G. 1illiaft Commissioner NO PER;1IT NECESSARY - TIDAL WETLANDS ACT T kOMAs S Ql5 y 11ff SoJtC1q-w,Ptt1rJ , Ne� �oRk �I�l(,0 - Re: �OC.O'J&-J ©R1e4�- Ift MAP 101DO► 02-7J -2- Dear- Dear- R., S' P,(moeh i A review has been made of your proposal to: r'emooe Per3CQ) pla,J+ trAss1� S.s�-4-�ble far �Rt+i��5 0� korse5, aac�. 2ernoje cor�cnc-e�-e Wooji' ra,J cJl2hres Lorrenifl�f onljs��'e. II I) WorK. WAI be. ccrjdvc. - 16J A C'CtJG,CerJ�- e,.re.A 4-,--, -Ltc cJ w--P 1a-rjds.acud ewr4oj5 4-Opo5ra,%pkf W, L' tio{- �e Jtz,4-ax6,-.Q e-tc,*p+ 4c- pla'rAi-m5 6f• 5R-A-ss. Location: ©rc�Xa-IJ Uce-e- . maxaal3 zwert{C.C7+4,11 t-��l�oclCb�A•� , OrcetjV- It has been determined that no permit is necessary under Article 25 (Tidal 'Aetlands). However, any additional work or ,modifications to the project may require a permit. It is youi responsibility :'to notify this office in writing if such additional work or modifications arecontemnlated. Assuming you have obtained any other applicable permits, you may proceed with ;;our project. Very truly yours, l Daniel J. Larkin Reginal Permit Administrator 0JL:RMT:l l dAlIAESB.AAMBOAC. BISHOPS LANE SOUTHAMPTON, N. Y. 11968 PHONE: (516) 283-1254 WUNNEWETA ROAD CUTCHOGUE, N. Y. 11935 PHONE: (516) 734-5858 UpLA ND 72i� CONca��r� r a July 10, 1984 Mr. Dennis Cole NYS Department of Environmental Conservation Building 40, SUNY Room 219 Stony Brook, N. Y. 11794 Re Application 10-84-0175 Dear Mr. Cole, Following my letter dated June 13, 1984, which protested the application by Dr. T. Samuels for a two-lot subdivision on Narrow River Road, Orient, I am directed by the Southold Town Baymen 's Association to register its objection to another application by Dr. Samuels, this one to erect a rip-rap wall on this same piece _ of land. We would restate that it is inappropriate to erect any buildings on the shoreline of Hallocks Bay. A further objection is the loosely defined language using "mean high-water line" for the siting of this construction. It is therefore suggested that this application be rejected. In the event that it is resubmitted, it should give pre- cise measurements from an existing official surveying monument. Again we would emphasize our view that with the numerous preser- vation plans now under active consideration for the periphery of Hallocks Bay, your Department might wish to postpone decisions on construction in its area until an agreed plan for the bay can be presented. Sinqse'�? ly, CheA. Begley l Acting President Southold Town Baymen's Association 224 Knapp Place Greenport, N. Y. 11941 cc : Joseph Sawicki Frank Murphy Henry Smith Ruth Oliva Jean Cochrane Orient Association f9 Town Hall, 53095 Main Road ®�d P.O. Box 728 Southold, New York 11971 JUDITH T TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OI,VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Mr. Charles Hamilton, N.Y.S. , D.E.C. stated on telephone on 7/5/84 that he feels certain that a wetlands application will be required on the proposed project of Thomas Samuels at Hallock's Bay, Orient . Mr. Hamilton will send survey and all other pertinent information on this application. / 1 LI) Southold 'Town Baymen's Assn. Inc. POST OFFICE BOX 523 'GREENPORT, LONG ISLAND, N.Y. 11944 June 13, 1984 Mr. Dennis W. Cole ----- New York State Department �k of Environmental Conservation # �� -� 9"1 Bldg. 40, Room 219 SUNYf[i 2 •J Jv� i , Stony Brook, N. Y. 11794 w r�r�- Rte,. TIDAL, tiIETZANDS APPLICATION 10-84�0�'j5' Dear Mr. Cole, I am writing to register the Southold Town Baymen's Asso- ciation's objection to the application cited above. It is well known to your Department that Hallock's Bay Pro- vides a livelihood to many fishermen who harvest thousands of bushels of shellfish there -- a major source of income to this East End areg., I would mention also that to help maintain this high level of productivity the Baymen's Association and Southold Town have cooperated for the last fifteen years in a shellfish conservation program. We feel that the building of houses on the edge of the bay would threaten what we have worked hard to achieve and maintain over these many years. This wetlands ap_nlication, following as it does a recent proposal for construction on Gid's Island, indicated the growing pressure exerted by speculators to develop this untouched tract and, with the example of Great South Bay, argues fora conservation plan for the whole periphery of Hallock's Bay, Since Chester Begley Acting President cc: Mr. Frank Murphy, Supervisor, Town of Southold Board of Trustees, Town of Southold Planning Board, Town of Southold Assemblyman Joseph Sawicki Orig. Copus T.C. ".'D. Atty. Adg. Date File r Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1 1971 JUDITH T TERRY TELEPHONE TOWN CLERK (516)765-1801 RC.GISTRAR OI VITAL S I \1 ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 5, 1984 Thomas Samuels Haywater Road Cutchogue, New York 11935 Dear Mr. Samuels: Please be advised that an inspection has been of your proposed project located on the west side of Hallock' s Bay on the east side of Narrow Riverin Orient and it has been determined that a wetlands permit will be required. For your convenience, I am enclosing the necessary wetlands applications. Please complete them in quadriplicate and return to the Town Clerk' s Office together with the $50.00 filing fee. Very truly yours, .," ¢ Judith T. Terry O Southold Town Clerk Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY ?! ) �. TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR Of'VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 28, 1984 To: Mr. Edward Hindermann, Building Inspector From: Judith T. Terry, Town Clerk Attached hereto, please find notice of complete application from the New York State Department of Environmental Conservation for Thomas Samuels with respect to proposal to create a two lot subdivision and install concrete rip-rap wall landward of mean high •water at Hallock' E Bay, Orient. Please conduct an investigation and advise me if there are Town Wetlands involved. Thank You. Judith T. Terry Southold Town Clerk 14-12.4(3/82) 0 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTICE OF COMPLETE APPLICATION Thomas Samuels late:" e O � ,pplicant: r5., X1..984. . Address: Haywaters Road Tovom Cutchogue, NY 11935 Permits applied for and application number(s) Tidal Wetlands, 10-84-0175 r Project description and location.Town/City of Southold County of Suffolk Create a two lot residential subdivision by dividing a 3.75 acre parcel into two lots having 83,300 square feet and 80,000 square feet and install 340' of concrete ' rip—rap wall landward of mean high water. The project is located on the west side of Hallock's Bay on the east side of Narrow River in Orient, SCTM No. 1000-027-02-03. SEQR DETERMINATION: (check appropriate box) ❑ SEQR-1 Project is not subject to SEQR because it is an exempt, excluded or a Type II action. ❑ SEQR-2 Project is a Type I action; it has been determined that the project will not have a significant effect on the environment. A Negative Declaration has been prepared and is on file. N SEQR-3 _Project is an unlisted action; it has been determined that the project will not have a significant effect on the environment. ❑ SEQR-4 A draft environmental impact statement has been prepared on this project and is on file. ❑ SEQR-5 A final environmental impact statement has been prepared on this project and is on file SEQR LEAD AGENCY New York State DEC AVAILABILITY FOR PUBLIC COMMENT: Applications may be reviewed at the address listed below. Comments on the project must be submitted to the Contact Person Indicated below by no later than July 13, 1984 CONTACT PERSON: Dennis W. Cole NYSDEC, Bldg. 40, SUNY--Room 219 (516) 751-7900 Stony Brook, NY 11794 TO THE APPLICANT- 1 . THIS IS NOT A PERMIT 2 This is to advise you that your application is complete and a review has commenced.Additional information may be requested from you at a future date, if deemed necessary, in order to reach a decision on your application. 3. Your project is classified MAJOR.Accordingly,a decision will be made within 90 days of the date of this Notice.If a public bearing is necessary,you will be notified within 60 days and the hearing will commence within 90 days of the date of this notice If a hearing is field,the final decision will be made within 60 days after the hearing is completed. g 4 Publication of this Notice in a newspaper is ® required ❑ not reyO�i If required, please consult the accompanying transmittal letter for further instructions r CC Chief Executive Officer Southold Town Supervisor �U:'S:—ELi'&' Wildfe e AI�. � Environmental Notice Bulletin, Room 509, 50 Wolf Road,Albany, N.Y. 12233-0001 File Adg. Cate File APPLICANT Memorandum from . . . REC014EQ BUILDING INSPECTORS OFFICE TOWN OF SOUTHOLD �9 '�1 UN 2.9 1980 TOWN HALL,BOX 728,SOUTHOLD,N.Y. 11971 765-1802 TOM Q= 3-sma pr/ ; ✓ r ,t F=425 0 STREET ORI . NY 11957 it, kwe ��✓� �, , 1 , x.5 ctil Fescn� 4 1� to�— a G.C. l p dor P f' e,Lv/d-t( - P"- + Vtal,, C r•t' ( 1 ;� PP lll�a _ •L i C 7 M'!I .�.Tr �1YI,�. .��'y mow• i 425 KING STREET ORIENT, NY 11957 O je, el , to ,J f�- g(� b�. 01, r L �/ fi "Lem, a �p>/ 77. fes' MA P OP 45ujz Val V16 D 'F' a 4.V- Ccs oil 5u o/acs Cours rax Pae -D i.1 1000, -5',q�.,0 7 �f. 2,�.�/-3 __� _ 4 • 'vea l2?'d"-r s a j-e 'hi Sai/d, 1119F zone ;f4" ' = `x � ` � i( � � � •'9 `;Z o Ci - ----.__.�- -_mt�_=,=�._:�_°.�i-== .� �J.aQ•.�' �d�� � �'��r. toy - ---,-r�' � � � ria• -- , _.�-�-.- -- � •-/ ��`• �, -a ' �l, a'4'd aseula. _e -� d1:�`��F�t� s -s�etvis" 00o S. �.. J�'O tY:��'3�' C �� l->�eQ�fh 1'3�: 7�' �4't9d4Y„. r' �'f --=--------�-__�_�_-- ------ JAMESH.BAMBOAC. BISHOPS LANE SOUTHAMPTON, N. Y. 11968 PHONE: (516) 283.1254 WUNNEWETA ROAD CUTCHOGUE, N. Y. 11935 PHONE: (516) 134-5858 Sept 4, 1984 RECEIVED Southold Town Conservation Advisory Council SEP 6 '4 Town Hall Southold, N.Y. 11971 Town Clerk Southold Att: Frank Cichanowicz Re : Narrow River Rd. Dear Mr. Cichanowicz: As per your request, let me state the following. I intend to plant low marsh (spartina alternaflora) on one meter centers seaward of the propsed rip rap revetment in order to re-establish the low marsh destroyed in the Hallock Road project some years ago. I trust the permits for this project will be forthcoming. Enclosed please find a photo of a 2.1 acre marsh planted four years ago in Southampton on one meter centers. Sincerely T Thomas E. Samue s cc: N.Y.S.D.E.C. Southold Town Board " Planning Board " Trustees The Orient Association i s i I R . _ r'o Ay � k6 _ •- eco _ Iz FO LO {(. HO M, .-p,^r�'���°"" � - '+ cn its � �;�' ', ',," - - �,o• � _�� �j ,. - t) N7T AWN OF ,5QUT-IH0I-D, N.1f -- 1 i ��'� • A Ate. ` �'�/' ,� '/. , br addition n n" j ¢• „ , ,,is:vt tion of pe 9-09'of t Now York State 9 rr ' •rR�g n:tnl, Urvey map not bearing / ❑ vy-yor's inked seal or "hoss, .aai shalt not be considwed f t'e,\ / if• X� )r v lid true copy. l Lees indicated hereon,hall run <+ to the person for whom the survey r-oarsd.and on his behalf to the u, ompanY,governmental agency and institution listed to ))�asstgrees ofhe lending insti- l' / Guarantees are nottransferable, - r h � rt+onal institutions or subsequent' , VXI co.TA�,�MAF_ Ar�,�1C ;1_2 1"P/0" tri^ t• ` - • -. � WINNOW- ,� +fir. ',~�,,,,�•. AV F Y r a 1 ' �vI ti44 y a fAm IA' R M i FOX f/47 &2 � 1I NO a.• �� Al41777UC, • a� I Ii F �- - r ion* p �..,_ fir: .kk �.:.y.•^_�� 41 }r t' '' ri hL- _ •tom: � �+�, AIP -T, +t I l