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HomeMy WebLinkAboutLettieri, BerniceAlbert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southotd, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Onl Coastal Erosion Permit Applicati( -~Wetland Permit Application Grandfather Permit Application Waiver/Amendment/Changes' Received Application:~~_~ Received Fee:$/~O Completed Application~ Incomplete SEQRA Classification: / T~rpe I__Type II Unlisted Coordination:(date sent)  CAC Referral Sent:/~-,~-~-~~ r-- Date of Inspection: j.~ ~ ~ IE Receipt of CAC Repork: II~ Lead Agency Determinatio--~: -- ~ Technical Review: _ ~-- ~ ~Public Hearing Held: ~ ~f ~'~t~ --Resolution: ~ N~ane of Applicant TOWN OF SOUTHO!.P! Bernice Lettie~i, Andrew Lettieri, and Joe Cazza Address Phone Nunzber:( ) Suffolk County Tax Map Number: 1000 - 22-3-19,20,21 & 22; Property Location: 5 acre parcels off of Main Road, East Marion (off of Dam Pond) (provide LILCO Pole 9, distance to cross streets, and location) AGENT: Patricia C. Moore (If applicable) Address: Jour loro IVy //iT/ Phone: 7~- FAX~ :_ ~d of Trustees ApplicatJ GENERAL DATA Land Area (in square feet): Land Bridge between land of Andrew Lettieri and Joe Gazza Area Zoning: residential Previous use of property: agriculture Intended use of property: residential access to five acre parcels (4 lots) Prior permits/approvals for site improvements: Agency Date NYSDOT $1985 built Main Road Opening __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? _ x No Yes If yes, provide explanation: Project Description (use attachments if necessary): 280A of Town Law, access to lots- minimum material to provide Town ~ZBA} approval Ne will coordinate material preference of Trustees to 2BA- gravel or natural mater~] on road B~d of Trustees ApplicationO WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: 2 280A Access from ZBA Area of wetlands on lot: under road square feet Percent coverage of lot: road only % Closest distance between nearest existing structure and upland edge of wetlands: 10 feet Closest distance between nearest proposed structure and upland edge of wetlands: 10 feet Does the project involve excavation or filling? x No Yes If yes, how much material will be excavated? cubic yards How much material will be filled? cubic yards Depth of which material will be removed or deposited: Up ~ T~n feet · Proposed slope throughout the area of operations: see map Man~er in which material will be removed or deposited: Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): no effect- existing road which we will request to keep in existing condition o~ ~fo~ ~ 7~o~ ~;~4/x ~rd of Trustees ApplicatiO COASTAL EROSION APPLICATION DATA Purposes of proposed activity: access to lots Are wetlands present within 75 feet of the proposed activity? No.. X Yes Does the project involve excavation or filling? x No Yes If Yes, how much material will be excavated? (cubic yards) How much material will be filled? (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) none, existing road will be used as access application to ZBA for 280A approval ( we recommend no chan§~, to existinq road) PART ilI--OETERMINATION OF SIGNIFICANCE (To be completed 0y Agency) E3cn elfec; should se assessed in connection wit~ its (a) setting (i.e. urDan or rural); (b) ¢re0a~iNty of occ=~g; (c~ duration; ,~,,e.x :his 0o× if you have idenrifiee one or more 0otentJaJly large er significant adverse imDac**s which MAY 2 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 OCT 2 5 1999 Board of Trustees 53095 Main Road PO Box 1179 Southold, NY 11971 October 22, 1999 RE: Bernice Lettieri, Andrew Lettieri & Joe Gazza Main Road, East Marion, NY SCTM# 1000-22-03-P/O 19 & 1000-31-05-P/O 1.2 Dear Chairman: Enclosed please find Affidavit of Posting for the above referenced matter. Very truly yours, PATRICIA C. MOORE PCM/kk Encls. Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095Main Road P.O. Box 1179 Southold, New York 11971 Telephone(516) 765-18~2 Fax(516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) ~i A AFFIDAVIT OF POSTING_~_ I, ~ ~,, f//~C__, residing at 370 '/~Z oeing duly sworn, depo~ and say: That on the ~ day of~, 199Z I personally posted th~ property known as ~ ~ ~5~ ~~ by placing the Board of Trust~es official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing. (~e n : of hearing noted thereon to be Dated: Sworn to before me this ~/ day of ~(2~- 199~ NOtar~ Public ~ g e) PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 OCT 2 Z 1999 Board of Trustees 53095 Main Road Southold, NY 11971 October 21, 1999 RE: Bernice Lettieri, Andrew Lettieri & Joe Gazza Main Road, East Marion, NY SCTM# 1000-22-03-P/O 19 & 1000-31-05-P/O 1.2 Dear Chairman: Enclosed please find Affidavit of Mailing with Certified Mail Receipts for the above referenced matter. Very truly yours, PATRICIA C. MOORE PCM/kk Encls. BOARD OF TRUSTEES TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of Bernice I.ettieri: Andrew I,ettieri & Joe (Names of Applicants) Parcel SCTM# 1000-22-03-P/O 19 & 1000-31-05-P/O 1.2 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, Karen Klimecko residing at Brigantine Drive Southold, New York, being duly sworn, depose and say that: Sworn to before me this 21 dayof October ,1999. On the 20th day of October, 19 99 , I personally mailed at the United States Post Office in~w_ulho~, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified fi.om the official records on file with the l~Assessors, or ( ) County Real Property Office Sxaxtkold__.N~, for every properly which abuts and is across a public or private street, or vehicular fight-of-way of record, surrounding the applicant's property. (Signature) Karen Klimecko orf'ary Public) PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed Thank you. ' NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: Bernice Lettieri, Andrew Lettieri and Joe Gazza SCTM~1000- 22- 3-I9,20,21 $ 22 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Provide access to 4 five acre lots off of Dam Pond Existing road- we recommend no change to existing road 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 1000-22-3- lot 19, 20, 21 & 22 Five acre lots access is over private road off of Main Road 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment. You may contact the Trustees Office at 765-1E92 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: C/o Patricia C. Moore Esq. MAILING ADDRESS :__O-~)gO fD~-/~/~./~Q__ 2 ~HONE ~ :--~5-- Enc.: Copy of sketch or plan showing proposal for your convenience. JOSEPH FREDERICK GAZZA AI-FORNEY AT LAW P.O. Box 969 5 OGDEN LANE QUOGUE, NEW YORK 11959 (516)653-5766 (DAY AND EVENING) October 24, 1998 Southold Town Planning Board Town Hall 53095 Main Road Southold, Nexv York 11971 Re: Subdivision Applications of/at 1000-022.00-03.00-019.000(4.9 ac. - 2 lots proposed by J.F.Gazza) 1000-022.00-03.00-020.000(5 ac. - 2 lots proposed by B. Letfieri) 1000-022.00-03.00-021.000(5.393 ac. - 2 lots proposed by J.F.Gazza) 1000-022.00-03.00-022.000(6.3 ac. - 3 lots proposed by J.F.Gazza & A.Lettieri) Dear Board Members, The undersigned, Bernice Lettieri and Andrew Lettieri have authorized Mrs. Patricia Moore-Atty. tq apply for a 280-A variances to utilize an existing right of way easement as access to allow one single family dwelling to be constructed on tax lot 1000-022.00-03.00-19,20,21, & 22. It is our intention to utilize each. parcel as one building lot and provided that a building permit is issued our pending subdivision application of these parcels will no longer be requested. It is respectfully requested that upon the issuance of a single family dwelling building permit on each tax lot that the pending sub-division application affecting each tax lot be withdrawn. Very truly yours, JOSEPHF~ ~ iGAZZA Consente~o: / ~ BE~I~NICE LETTIERI' ' -- :'''y'' ' Off 1-800-877-8881 Fax 1-201-343-1934 Pat Moore Fax: 765-4643 B~rd of Trustees ApPlicatio~ Board of Zoning Appeals Planning Board AUTHORIZATION (where the applicant is not the Owner) I, Andrew and Bernice Lettieri residing at P.O.Box 492 (print owner of proper~y~ Imailing address) Hackensack, NJ 07602-0492 d~ hereby authorize ~ Pat~ricia C. Moore Southold Board of Town /J~/ -. . /~- .-~ loaner s ~n~r~w Lettieri Bernice Lettieri (Agent) to apply for permit(s) from the ,and all other agencies/boards of the Trustees on my behalf. Town of Southold and State of New York ., Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-18~2 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) /~ AFFIDAVIT OF POSTING I, V~'~(''5 ,/~.~, residing at ~ {J depose~nd say: ~ng duly sworn, That on the /~ day o~ 199~, I personally posted the property known as .;' ~ ~ by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing. (date of hearing noted thereon to be held Sworn to before me this ~ day of.__~ A~- 199 (signature) B~J~lrd of Trustees ApPlication Board of Zoning Appeals Planning Board AUTHORIZATION (where the applicant is not the OWner) Joseph Frederick Gazza (print Owner of Pr---~pe~ty) _residing at P.O.Box 969 (mailin~-&dd~es~T- ~ Ogden Ln, Quogue NY 11959 _ do hereby authorize ( Agent ) Patricia C. Moore ~D+~u to apply for permit(s) from the Southold Board of Town Trustees*onanmdy~elh~.er agencies/boards of (Owner '~i~ig~Ure ) Joseph Frederi~ G~!zza the Town of Southold and State of New York 8 lot has access to the Main ~odu uy ~ ..... ~ard of Trustees Applicati~ County of Suffolk State of New York BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTE IN THIS APPLICATION AND AS MAy BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEEs. THE APPLICANT AGREEs TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBy AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. ~--'/~ig~a%ure SWORN TO BEFORE ME THIS ~4~ DAY OF_ O~ ~ Notar~ Public APPLICANT TRANSACTIONAL UISCLOSUR[~ FORM The Town of Soutbold's Code of Ethics prohibits conflicts of interest on tile parc of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR (Last ,name, first name, middle initial, unless you sole applying in the name of someone else or other 'eatity, such as a compasy. If so, ind[cate the other person's or company's uame. ) NATURE OF APPLICATION~' (Check all that apply. ) 'Pax grievance Variance Change of zone Approval of plat Exemption from plat or official map (If "Other," name the activity.) parent, or child) have a relationship with any officer cc employee of tile Town of Southold? "Relationship" includes interest" means a business, iecluding a partnership, in which the town officer or employee has ~ven ~ partial o,nershfp of (or employment by) a corporation in ,hich the town officer or employee owns more thae 5~ of the NO ,~ If you answered "YES," complete the balance of this form and date and si~n where indicated. Name of person employed by the Town of Southold Title or position of that person Describe tile relationship between yonrself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in tile space provided. ]]is or her spouse, that apply) . sibling, 'Pile town officer or emp].oyee or parent, or cl~ild is (check all .A) the owner of greate~ than 5% of the shares of the corporate stock of ti~e applicant (when tile applicant is a corporation): B) tile legal or beneficial owner of any interest in a noncorporate entity (whee the applicant is not a corporation): C) an officer, director, partner, or employee of tile applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSIIIP Subs [ t ted Signature P r [ n l; ~73 . 'I __ . ~ 0 R DEPOSITO ILY nnl,,e JOSF..FH F~F-~F.~iCK GAZZA ATTORNEY-AT-LAW ~. O. [~OX i;~, S ~ ~ANE ~U~U~ NEW YORK Patricia C. Moore Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 Margaret Rutkowski Secretary September 12,1999 Mr. Albe~ J. Krupski Southold Town Trustees Town H~I P.O.Box 1179, SoutholdNYl1971 Re: 280A approval from ZBA Wetland permit for improvements to fight of way Dear Mr. Krupski and members of the S outhold Town Trustees: In accordance w~th Mr. F~schett~ s letter dated Apn 14, 1999 confirming our understanding of the recemmendations made by the Trustees and DEC representative at a site field inspection, enclosed please find the design for the access and wetland restoration project prepared by Rob Herman from En-Consultants and Mr. Fischetti. Please advise when this submission will appear on your calender. Moreover, if this matter is placed on your calender for discussion or continuation of the hearing Mr. Fischetti and I wish to be present. As I am sure you are aware, the owners and Peconic Land Trust have entered into an agreement for the sale of the three northerly parcels and the donation of the most easterly parcel. However, the contract is contingent on the Peconic Land Trust obtaining the funds. The applicants do not wish to delay the approval of the access relying on the availability of private and public funds, the applicants wish to proceed with their plans. If the Peconic Land Trust obtains the funds and take title to the property, Peconic Land Trust can, at such time as they are the owners, decide the extent of the access they wish to retain. If you have any questions please do not hesitate to contact me.  UrS, -- oore John P- Cahitl Coml~issloner NE%r yORK STATF5 DEPARTNIENT OF E:NVIRONIx4ENTA[- coNSERVATION TO: WILDLtFF, RE, SOLJRCF, S CENTER - I. ATI4.AN1 BIT'\~I INVENTOR~ [JI'41T AND THE NEW ¥O~( 700 TROY_SCIIENF, CT,~DY 'ROAD [,A"['~¢, NY 12110-2400 FAX (518) 783-3916 FRONi: DATE: SENT 13¥: TELEPHONE: pLEA.SE NOTE: I,IF!C LATHRI'I AF'F:- 14-19'-~9 lA:-,:i FF'Flil APEI- 14- I q'3'3 10: 1 ~TJ F E!Lql,! T ~F'R-14 l'3'}'F~ 10:i0 FF'OI1 hlE'C LATHAI'I 113:10 FEiDH I,Ir-'. LATHAI'I TO 2075472151629:34E,49 P. 10: ! 1 FPCr' iuFC L!:~THRI.i TL- PO , ted ~.nd .~Jbl vr ed ins t~'.e~ 1954 Fieid c~ecx ~956 raP,ed from U~C& 6) 0 R ~I~T OF E~' OCC~CE DIiECIIO~S; Provide detait~ d[re~t/o.~ to this et~ent occurre~e rather th~n ~he surveysi~e. Re,er ~o nearby ta~rks, PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 Margaret Rutkowski Secretary April 12, 1999 Southold Town Trustees President Albert Krupski Southold Town Hall 53095 Main Road Southold, NY 11971 '[OWN O? _ Re: Lettieri and Gazza Wetland permit for access road Dear President and Board members: Enclosed please find revised topographical survey prepared by Joseph Ingegno. Joseph Fischetti Jr., Professional Engineer has revised the drawing to meet the Town's revised highway specifications for the road. He has also provided a detail for a guard rail which he would recommend to further protect the wetlands. I received a call from Joseph Ingegno, land surveyor that you had requested that he be present at the field inspection. The surveyor suggests that our engineer, Joe Fischetti be present since any issues with regard to the road will be addressed by the engineer rather than the surveyor. Mr. Fischetti and I will meet you at the property and we can discuss the revised map. However, if the board advises me that there is a purpose for the board to meet with the surveyor, then I can ask the surveyor to join us for the field inspection. Please note that in addition to the 50' and 19' measurement, the property has been staked with the center line of the road to assist the board with any measurements the board may wish to consider. If there is anything hesitate to contact me. else you need please do not Patricia C~. Moor2 cc: Andrew Lettieri & Bernice Lettieri Joseph Gazza TOWN OF BOX 282 · ORIENT. NY 11957 March 18, 1999 Mr. Albert Kmpski Jr., Chairman Town Trustees Town Hall Main Road, Southold Dear Mr. Krupski, The application before you for a road across the wetlands by Dam Pond has raised great concerns. As you know, this property has been widely identified by State and local plans as of the greatest siEnificance and highest priority for acquisition by the public. The track which is being called an old farm road is f~equently under water and was a significant issue in the Plannin~ Board's decision to make a positive declaration when the application was before them. It is difficult to believe that a road which would access five properties would not si~nificantly degrade the wetlands of this sensitive area, both through construction and usage. We urge the Trustees to withhold this permit until this question can be adequately addressed through complete environmental review. Sincerely, Freddie Wachsberger Cc: Jean Cochran, Supervisor Gerard Goehringer, Chairman, Zoning Board of Appeals Bennett Orlowski, Chairman, Plann/ng Board Melissa Spiro, Plannin~ Department ORIENT AssoCIATION March 19, 1999 282 · ORIENT. NY 11957 Mr. Gerard Geehringer, Chairman Zoning Board of Appeals Town Hall Southold, New York The Zoning Board has before it an application for a 280-a variance for access to the properties owned by Mr. Gazza and Mr. Lettieri around Dam Pond. When a proposed subdivision of these properties was before the Planning Board, the issue of this proposed access road, which is based on an existing track that traverses wetlands and is often under water, was one of the reasons for a positive SEQRA declaration. We strongly urge you to reject this application. As you know, the Dam Pond area has been identified by at least three Town plans as a priority for preservation. I enclose copies of letters to the Supervisor and other members of town government urging them to commit themselves to its purchase as rapidly as possible. Sincerely, FreddieWachsberger Cc: Jean Cochran, Supervisor Bennett Orlowski, Chairman, Planning Board Melissa Spiro, Planner Albert Krupski, Jr., Chairman, Town Trustees March 19, 1999 Mr. Bennett Orlowski, Chairman Planning Board Town Hall Southold, New York Dear Benny, m enclosing letters to the Trustees, ZBA, and Town Board officials about the urgency to preserve the property around Dam Pond. Your SEQRA positive declaration was accurate for this sensitive area, and remains, I believe, necessary for the road-access application before the other boards, even without further subdivision. But more to the point is the critical significance of this property as identified by the New York State Open Space Conservation Plan, the Southold Town Open Space and Farmland Conservation PLan, and the Scenic Byways priority list. This site should not be developed but should be preserved, and I hope you will do what you can to facilitate the Town's making a firm commitment to purchase it as soon as possible. Sincerely, Freddie Wachsberger Cc: Melissa Spiro, Town PLanner Albert Krupski, Jr., Chairman, Town Trustees Gerard Goehringer, Chairman, ZBA ORIENT ASSOCIATIO /[I ,,., 2 March 19,1999 BOX 282 · ORiENT. NY 11957 Ms. Melissa Spiro Planning Department Town Hall Southold, New York Dear Melissa, We urge Southold Town to proceed vigorously to preserve the property around Dam Pond. Its priority listing in the New York State Open Space Conservation Plan and the Southold Town Open Space and Farmland Conservation plan, as cited in the Dam Pond Maritime Reserve proposal, indicate that the Town has long recognized its importance. Additionally, it was given highest priority by the Orient and East Marion members of the Scenic Byways Committee because of its critical position in the landscape of the causeway, which has been identified by the people of East Marion and Orient, and by Southolders at large, as one of the "special places" which resonate strongly in local citizens' experience of place, and which define for visitors their experience of the landscape of Southold Town. As you know, there is presently an application before the Town Trustees and the Zoning Board of Appeals to develop a road to serve five building lots. The Town of Southold has the opportunity to acquire this critical property before it is lost permanently to development, but there is clearly little time to lose. It would be tragic if the Town did not use the means it has been given by the taxpayers for just such a purchase, and lost a property which has been unanimously identified as of the most significant importance to the Town's vistas and environment. The Town must make a firm commitment now to effect its purchase. Sincerely, Freddie Wachsberger Cc: Supervisor Cochran Al Kmpski, Jr., Chairman, Town Trustees Gerard Goehringer, Chairman, Zoning Board of Appeals Beunet Orlowski, Chairman, Planning Board ORIENT J XSSOC TIOI BOX 282 · ORIENT · NY 11957 Mm'eh 19,1999 Mr. Brian Murphy, Councilman Town Hall Southold, New York Dear Mr. Mmphy, We urge Southold Town to proceed visoromdy to preserve the property around Dsm Pond Its priority U~g in the New York ~ate Opm Space Conservation Phm and the Southold Town Open Space ~md Frame, md Conserv~ion pla~ as c~ted in the Dam Pond Maritime Resei-ve proposal, indic~e th~ the Town has long rec~ its i .m!mmmce. Ad~ionally, it was ~iven highest priority by the Orient end E~st Merion mmnb~s of the Scenic Byways Committee because of its v, llic~i position in the hndscape of the causeway, whic~ bas been identified by the people of East ~ mad Orient, and by Southolders st huge, as oae of the ~specisl phces" which reson~e .ho~ly in local citizens' experience ofphce, and which define for visilom their experience ofthe landscape of SouthoM Town. As you know, the~e is presently an application before ~hc Town Trustees mut the Board o£Appeels to develop a road to seave five imilding lotr~ The Tovm o£Southold has development, bu~ there is clearly lilfle time to lose. It would be tr~ic if the Town did not use the means it I~s been 8ive~ by the taxpaye~ for ju~ such a purchase, sad lost a propc~y which ires beea un~ identified as of the most sisnificant import~ce to the Town's vistas end emvironment. The Town must make a C.m coa...:;,mmt now to effect its purchase. Sinc e , Freddie Wachsberser Cc: S~pe~isor Codn~ Mellssa Spiro, Town Plmmer DAM POND MARITIME RESERVE A proposal by the Town of Southold to preserve a parcel listed in the New York State Open Space Conservation Plan & Southold Town Open Space and Farmland Conservation Plan DAM POND MARITIME RESERVE LOCATION AND DESCRIPTION OF HABITAT: Dam Pond is located in the Town of Southold, on the north side of Route 25, between the hamlets of East Marion and Orient. The fish and wildlife habitat is approximately 160 acres in size and consists of a small protected bay, maritime shrublands, beach frontage on Long Island Sound, grasslands, tidal fiats, saltwater marshes and mature woodlands. The west, south and north side of Dam Pond is primarily undeveloped, with very Iow residential development on the east side of the pond. FISH AND WILDLIFE VALUES: Dam Pond is generally representative of the Peconic Bay ecosystem, at its best, with a relatively undisturbed coastal estuarine ecosystem. Areas such as Dam Pond are becoming rare in New York State and provide habitat for a diversity of fish and wildlife species. In 1984, the New York State Significant Coastal Fish and Wildlife Habitat Inventory reported approximately 15 pairs of osprey were reported nesting in the Long Beach Bay, Orient Harbor and Dam Pond area. This is one of the largest nesting concentrations of osprey in New york and the potential exists for additional nestings pairs at this site. Almost all of the nest are located on man-made platforms placed around the perimeter of the subject area. A variety of seabirds, shorebirds and wading birds use this area for feeding of for stopovers during migration. This area is especially significant as a feeding area for herons, egrets and ibis, which nest on Plum Island. Dan Pond is an important waterfowl wintering area in Suffolk County. Aerial surveys of waterfowl abundance in January, show concentrations of scaup, black ducks, mergansers, buffiehead, goldeneye and mallards. Diamondback terrapin are frequently observed in the marsh and pond, during the summer months. Dam Pond serves as a significant ecological nursery and feeding area for many estuarine fish species and is an important spawning area for weakfish, winter flounder and scup. The existing and potential recreational opportunities in the area, important to the residents of Suffolk County include, swimming, hiking, shellfishing, birdwatching, kayuking, sailing, canoeing and fishing. IMPACT ASSESSMENT: Any activity that would substantially degrade water quality in Dam Pond could affect the biological productivity of this urea. All species of fish and wildlife may be adversely affected by water pollution, such as chemical contamination, excessive turbidity or sedimentation and waste disposal. It is essential that high water quality be maintained in the area, to protect all of the areas resources. The potential for fifty (50) homes on the site would adversely impact the wildlife species which nest and feed in the grasslands, marshes, mudflats, woodlands and beaches in and around Dam Pond. ACQUISITION PROPOSAL: The Town of Southold has identified Dam Pond (Orient-East Marion) as a priority for preservation. In addition, this parcel is listed in the New York State Open Space Conservation Plan, as a priority parcel in the Long Island Pine Barrens Maritime Reserve and Peconic Bay Maritime Reserve. The maritime reserve is a legislatively designated boundary for the protection of the Peconic Bays, a federally designated National Estuary, which contains more than 100 distinct bays, harbors, embayments and barriers. This parcel is an exceptional scenic, biological and recreational resource. The Dam Pond Property is composed of 5 parcels and totals 35.6 acres. The property owners are as follows: Suffolk County Tax Map Number O~vner SCTM# 1000-22-3-19 22-3-20 22-3-21 22-3-22 31-5-1.2 Joseph Gazza Bernice Lettieri Joseph Gazza Joseph Gazza & another Andrew Lettieri The Peconic Land Trust has obtained a Conservation Easement on approximately 80 acres adjoining the subject property, with frontage on Dam Pond and Long Island Sound. Together they represent 116 acres of pristine waterfront property. The Town of Southold is seeking to work in nartuership with others, including state, county, not-for-profit conservation organizations and private land owners to establish and achieve this land preservation and conservation goal. Isl, So, Gardin ers Napuague Peconic 0 2 4 6 8 10 Miles 0 .2 4 6 8 10 12 14 16 KJ~ometers i ~9 I ~o I 21 [ EASTERN SUFFOLK 22 I 23 I 24 I Long ~land Sound ~Dam Pond (45 acres) Peconic Ba.~ PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD February 25, 1999 PLANNING BOARD OFFICE TOWN OF SOUTI{OLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 TOWN OF SOUTHOLD Patdcia C. Moore, Esq. 51020 Main Road Southold, New York 11971 RE: Gazza, Grundbesitzer Corp., and Lettied Property SCTM# 1000-22-3-19, 20, 21, 22 & 1000-31-5-1.2 Dear Ms. Moore; The Planning Board reviewed your January 28, 1999 letter to the Zoning Board of Appeals, which was copied to the Planning Board and the Town Trustees, at the February 8, 1999, work session. The letter included a copy of a letter dated October 24, 1998, which was addressed to the Planning Board. The Planning Board's records do not show that the October 24, 1998 letter was ever submitted to the Planning Board Office. Your January 28, 1999, letter indicates that "... upon issuance of 280A approval for access to their individual parcels they will formally withdraw their individual minor subdivision applications...." Your letter does not direct the Planning Board to withdraw the applications at this time, and conditions the subdivision withdrawal on the granting of 280A approval. Based on the fact that your client is not formally withdrawing the pending applications, the question is once again raised as to if the recent applications before the Town Trustees and the Zoning Board of Appeals are an attempt to circumvent and segment the SEQRA process. Until such time that the pending applications are formally withdrawn, the applications for subdivision approval and the Positive Declarations which were issued in regard to the applications, remain pending before the Planning Board. The Planning Board, by copying this letter to both the Town Trustees and the Zoning Board of Appeals, is notifying those agencies that the subdivision applications which are pending before the Planning Board have not been withdrawn. Please feel free to contact me if you have any questions regarding the above. Chairman cc: Zoning Board of Appeals Town Trustees PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 7654330 Fax: (516) 765-4643 Margaret Rutkowaki BY HAND Southold Town Trustees Town Hall Main Road, Southold NY 11971 February 22, 1999 Re: Lettieri and Gazza 280-a SCTM# 1000-22-03-p/o 19 SCTM# 1000-31-05-p/o 1.2 Dear Board: Pursuant to your request, Joseph Ingegno, land surveyor has mapped the existing road and right of way, in addition the property has been flagged for your inspection. As we stated at the public hearing, we recommend that the proposed improvements be limited to a 15 foot road, which road should be improved with pervious material. The proposed road will only provide access to, at most, four homes (one home on each five acre parcel). We ask that any wetland permit conditions which affect the width (minimum required by the Town Code is 15 feet) and road surface improvements be coordinated with the Zoning Board. If you have any questions, please do not hesitate to contact me. Encl. PCM/mr cc. Southold Town Zoning Board w/encl. st like, in ,od about ~'; and on r. King-- r of years; ~. What lhtber to orally sup- It in nnw · The first of the ohl he east hy I ~,,ulh by udred and or 1636, by Lb.ut 1650. thin place, -frnm 1800 )Jeremiah tot of that GRIF}'IN'8 JOURNAL. 31 name; lm |t:t't il. in L?TL¢ or 1773. It wa~ i. the family about one hundred sod twenty years· Oysterl,omls--so named by tho tlr...t while men Who l)O~Ss~ed it--.l,rsvio.sly called by the natives, as wo have Mi,,wn, ]~eyutttm'l', ami in 18:16, lQ' a resolve of 1~ inhabilanls, re-christened "Orient," {slgnil)'ing us we ol.lerstand, "]']a~t," or "l.;;mtern,')i. a ponlnuula, and is rite cxtremr point .f the wn'l]~ bnmeb c,f l.,mg Island. At tits east bouods of East ~hn'ion, formerly kin,wu ;t~ R,,cky Point, is a north and south narrow beach; lbrough this IImt ,me 1'11118 a creek stone two rods wide, which i~ crossed by a substantial bridge to what w~q fi~rmcriv called Crook's I~]and whiclt con- tahts pm'haps sixty acres of good tilable land. For tbs l~rs it has been ,,ea?',eqt,ully di2'i- dod inh~ two l~u'ms~ oil whlcb are convt nleot dwcllin[% with very lhriving famihes. tioncd tel'ill. Thc creek lets the water of the harbor ~called Dam I'm.l, which, on tim north, i8 bounded 19' a narrow bcatdqdivldi.g it fl'out the This beach, of abuut tin'es rodu wide m~d abuuc eighty roils long, is the only land link which mLites Orient to ~e main land of Long Id~d. In this pond, whidx contains about sixty ae]'es~ is a rock some t~eC above fido water~ and on which ia engraved tim initials of Samuel Urook~ thus :~"S. 0.~1745." At the time, we.suppuse, bo owned these lands, botmded on the east and south and west bysald harbor, and on tim north by · e Soun~ Over a sand beaelq you p}~ about Au_~stus Oriffi~n's Journal. 1857 STATE OF NEW YORK) ) COUNTY OF SUFFOLK) WENDELL TABOR, being duly sworn, deposes and says: 1. I reside at Village Lane, Orient, New York and am fully familiar with the land west of Dam Pond which consists of a sixteen acre lot formerly owned by Joseph Boken and four separate lots formerly owned by Fred Tabor and Joseph Boken individually which parcels are presently owned by Andrew Lettieri and Joseph Gazza. 2. My grandfather, Fred Tabor, owned the parcels known as Suffolk County Tax ~p # 1000-22-3-1ot 19 and lot 21 which he acquired from Henry Tuthill in 1922. 3. My grandfather, Fred Tabor, at his death gave the land to my father and at my fatherts death, I became the owner of the two lots. 4. My family has always farmed this land~ I am eighty years old and recall farming the lots with a horse-drawn plow in the 1920ts, my family and I continued to farm this land until I sold the property in 1978. 5. I recall digging ditches along the south side of my property, between the 16 acres of Joseph Boken and my acreage to the north, these ditches or "pits" where dug down to the fresh water table and used to irrigate the crops. 6. The ditches which can be seen today accumulating water apparently from Dam Pond are the remains of the irrigation ditches which were maintained by the generations of farmers, both Tabors and Bokens, who grew crops on this land. 7. I obtained access to my property through two dirt roads~ one dirt road crossed through the woods between Irving Latham~s property across land owned by the St. Thomas Children's Home and on to my land known in the 1900~s as "Addison's Point", and the second dirt road off of Main Road which is the primary source of access still used today. This dirt road crosses between Boken~s land on the south and my land on the north. This dry dirt farm road which runs just west of Dam Pond has been in existence in all my memory. 8. With respect to the Trustees alleged claim of ownership to the land under the road and along the property line between the 16 acres of Boken land and my property, my property as it is described in the deed runs to and abuts the Boken property. This is private land. In all the years that my family has owned this land the ,.~-W YORK STATE DEPARTMENT OF TRANSPORTATION William C. Hennessy, Commissioner Region 10 Office: New York State Office Building ;~'~¢" Veterans Highway, Hauppauge, New York 11787 December 9, 1982 Mr. Joseph Frederick Gazza 37 Gardiners Lane Hampton Bays, New York 11946 D~ar Mr. Gazza: Re: State Highway Work Permit, # ×82-0192, Rt. 25, East Marion, New York This is in reference to your letter of December l, 1982, pertaining to amending of the above mentioned permit to provide a 30' wide intersection type entrance in lieu of the standard curb cut. In the event you decide to develop your property, the intersection type driveway which you will build according to our specifications (as indicated in our letter of November 16, 1982) will be sufficient. No additional permit will be required at a future date unless the the development of said property conflicts with the traffic flow or if in any way kt will cause a hazard to pedestrians and the motoring public. In that event we will require modifications to your access roadway. If you require any additional information, please feel this office at any time. Sincerely,..~.? ~ Regional Permit Engineer Region 10 free to contact HRT:RD JOSEPH FREDERICK GAZZA A'FrORNEY AT LAW P.O, Box 969 5 OGDEN LANE QUOGUE, NEW YORK 11959 (516)653-5766 (DAY AND EVENING) October 24, 1998 Southold Town Planning Board Town Hall 53095 Main Road Southold, Ne~v York 11971 Re: Subdivision Applications of/at 1000-022.00-03.00-019.000(4.9 ac. - 2 lots proposed by J.F.Gazza) 1000-022.00-03.00-020.000(5 ac. - 2 lots proposed by B. Letheri) 1000-022.00-03.00-021.000(5.393 ac. - 2 lots proposed by J.F.Gazza) 1000-022.00-03.00-022.000(6.3 ac. - 3 lots proposed by J.F.Gazza & A.Lettieri) Dear Board Members, The undersigned, Bernice Lettieri and Andrew Lettieri have authorized Mrs. Patricia Moore-Atty. to apply for a 280-A variances to utilize an existing right of way easement as access to allow one single family dwelling to be constructed on tax lot 1000-022.00-03.00-19,20,21, & 22. It is our intention to utilize each. parcel as one building lot and provided that a building pemait is issued our pending subdivision application of these parcels will no longer be requested. It is respect~lly requested that upon the issuance of a single family dwelling building permit on each tax lot that the pending sub-division application affecting each tax lot be withdrawn. Very truly yours, JOSEPH F ~ ~ GAZZA Consen, ted Jo:,.~ /- B E~NICE-~-~TTIERI ' Off 1-800-877-8881 Fax 1-201-343-1934 Pat Moore Fax: 765-4643 J,O00 M 0 0 0 Photomap prepered by Earth Satellite Corporation-Mark Hurd Aerial Surveys, Inc. from color infrared photographs taken 10 A~ust through 9 October 1974. 'osition and scale of photo image based' on be~t fitto New York State Department of Transportatior~ 7.5 minute plani- metric maps. New York Transverse Mere, · intervals Latitude and longitude ticks 2000 foot ticks based on the Long Island Zone. PATRICIA C. MOORE ARomey at Law 51020 Main Road Southold, N~v York 11971 Tel: (516) 7654330 Fax: (516) 765-4643 2 9 g399 TOWN OF SOUTHOLD Margaret Rutkowski January 28, 1999 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: 280 A - Bernice Lettieri, Andrew Lettieri and Joe Gazza Dear Chairman and Board members: I am in receipt of a letter dated January 13, 1999 from the Planning Board regarding the above properties. The four property owners do not wish to subdivide their individual single and separate five acre parcels. Enclosed please find a copy of a letter prepared by the owners and signed by each owner stating that upon issuance of 280A approval for access to their individual parcels they will formally withdraw their individual minor subdivision applications submitted to the Planning Board in the 1980's which have been inactive since 1993. The only application the individual owners wish to pursue is 280-a access over the Lettieri 10.67 acre parcel (SEQRA Type II). Pursuant to 280-a of Town Law, as amended July 1, 1998, "The applicant for such a permit may appeal from the decision of the administrative officer having charge of the issue of permits to the board of appeals or other similar board, in any town which has established a board having the power to make variances or exceptions in zoning regulations for: (a) an exception if the circumstances of the case do not require the structure to be related to existing or proposed streets or highways, and/or (b) an area variance pursuant to section two hundred sixty-seven-b of this chapter, and the same provisions are hereby applied to such appeals and to such board as are provided in cases of appeals on zoning regulations." (New York State Town Law § 280-a, as amended July 1, 1998) The common property owners recorded a right-of-way agreement giving all parcels north of dam pond a common easement over the Lettieri ten(10+) acre property. The four parcels north of Dam Pond would prefer to share an appropriately improved but environmentally appropriate driveway with natural material and a pervious surface. We would welcome the Town Engineer's comments and a coordinated permit process between the Town Trustees and ZBA. We have applied to the Southold Town Trustees for a wetland permit and submitted at the public hearing affidavits and testimony of the history of the farm parcels and how the westerly kettle hole originated. Pursuant to the Trustee's request, a survey of the road detailing the contours and setbacks to wetland specifically in the area closest to Dam Pond and staking of the location of the road where the road crosses the low spot is being prepared. Once the area is staked I will call the boards for an inspection. After the detailed map is complete and the Town Trustees and ZBA have given us their recommendations for road improvements, we will be in a better position to apply to the DEC for a regulatory permit, if one is necessary. Since the subdivisions have not been pursued, and will ultimately be withdrawn, the Planning Board would no longer have jurisdiction over the road. The access would be limited to 280-a. I would be happy to coordinate as many agencies as you deem necessary. Patricia C. Moore cc: Planning Board w/enc. Trustees w/enc. Mr. Gazza (by Fax) Mr. Lettieri JOSEPH FREDERICK GAZZA AI-rORNEY AT LAW P.O. Box 969 5 OGDEN LANE QUaGUE, NEW YORK 11959 (516)653-5766 (DAY AND EVENING) October 24, 1998 Southold Town Planning Board Town Hall 53095 Main Road Southold, New York 11971 Re: Subdivision Applications of/at 1000-022.00-03.00-019.000(4.9 ac. - 2 lots proposed by J.F.Gazza) 1000-022.00-03.00-020.000(5 ac. - 2 lots proposed by B. Lettieri) 1000-022.00-03.00-021.000(5.393 ac. - 2 lots proposed by J.F.Gazza) 1000-022.00-03.00-022.000(6.3 ac. - 3 lots proposed by J.F.Gazza & A.Lettiefi) Dear Board Members, The undersigned, Bernice Lettieri and Andrew Lettieri have authorized Mrs. Patricia Moore-Atty. to apply for a 280-A variances to util/ze an existing fight of way easement as access to allow one single family dwelling to be constructed on tax lot 1000-022.00-03.00-19,20,21, & 22. It is our intention to utilize each. parcel as one building lot and provided that a building permit is issued our pending subdivision application of these parcels will no longer be requested. It is respectfully requested that upon the issuance ora single family dwelling building permit on each tax lot that the pending sub-division application affecting each tax lot be withdrawn. Very truly yours, Off 1-800-877-8881 Fax 1-201-343-1934 Pat Moore Fax: 765-4643 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD 'own Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: Town Trustees Zoning Board of Appeals Melissa Spiro, Planner Property owned by B. Lettieri, A. Letlieri and J. Gazza (a.k.a. ZBA application for: Proposed Right-of-Way and 280-A Access for fire vehicles (Five Building Lots) SCTM# 1000-22-3-22) (a.k.a. Planning Board files for Gazza, Grundbesitzer Corp. and Lettieri, SCTM# 1000-22-3-19, 20, 21, 22 & 31-5-1.2) January 13, 1999 Below please find a list of Planning Board actions and Planning Board comments in regard to the above mentioned property. The Planning Board has had some form of subdivision proposal on the above mentioned properties pending since the early 1980's. Since 1993, five (5) subdivision proposals, as noted below, have been before the Planning Board: SCTM# 1000-22-3-19: SCTM# 1000-22-3-20: SCTM# 1000-22-3-21: SCTM# 1000-22-3-22: SCTM# 1000-31-5-1.2: 2 lots proposed on 4.9 acres; 2 lots proposed on 4.0 acres; 2 lots proposed on 5.4 acres; 3 lots proposed on 6.3 acres; 3 lots proposed on 10.67 acres. On September 14, 1993, the Planning Board issued a Positive Declaration on each proposal, noting that the 5 subdivision projects were pending in the same geographic area and that the 5 projects would involve common and potentially significant impacts. Many of the reasons supporting the Positive Declaration apply to any type of development of the subject property. I am listing some of the reasons supporting the Positive Declaration below and enclosing a copy of the Positive Declaration for each projeet for your review. - Development of the subject parcels will result in significant loss of open space in a Town and County designated Critical Environmental Area which contains unique habitat and resources associated with Dam Pond. Lettieri/Gazza January 13, 1999 Page 2 Development of the subject parcels will result in impairment of the viability of unique habitat areas including overgrown field, tidal wetlands, dune lands and first growth woods. The diversity of habitats and the fragmentation and loss of same represents a significant ecological impact. Development of the subject parcels may cause impact to the surface waters of Dam Pond in the form of erosion and sedimentation, stormwater runoff, and nitrogen load. Groundwater is shaliow beneath the site and may suffer negative impacts from sanitary system installation. Development of the subject parcels will cause potential visual impacts of a negative nature. The development of the subject parcels will require common access and will share some utilities and impacts. The viability of the access has been questioned by the Town Trustees as this access may require a road crossing over Trustee land, an action which the Trustees have indicated they are not inclined to permit. The Planning Board held a scoping session in regard to the proposals, and on November 12, 1993, sent the applicant a summary outline of the scoping session to be used as a guide for the preparation of a Draft Environmental Impact Statement. A copy of same is attached. The proposals before the Planning Board have been dormant since the request for a DEIS. The applicants (Mr. and Mrs. Lettieri and Mr. Gazza), have not pursued their applications further. Pat Moore, attorney for Mr. and Mrs. Lettieri and Mr. Gazza, attended the Planning Board's work session on September 28, 1998, during which the Planning Board was discussing the Zoning Board's request for comments regarding the subject parcels. Ms. Moore told the Planning Board that her client intended to withdraw the pending subdivision applications. However, as of this date, the Planning Board has not received correspondence in regard to the withdrawal of the subdivision applications. Therefore, the 280-A application presently stands in direct contravention to the 5 pending subdivision applications before the Planning Board. As noted above, one of the issues raised in the Planning Board's Positive Declaration was the access to the parcels, in that the access would require the crossing of a wetland. It is recommended that the records of the Town Trustees and NYSDEC be reviewed in regard to issues of wetland ownership, wetland permits and the impact of road construction on the wetlands. In addition, it is recommended that James Richter, Engineering Inspector, be coordinated in regard to road requirements within the right-of-way. Lettie~/Gazza January 13, 1999 Page 3 The Planning Board has before it a proposal to subdivide the property located to the west of the subject properties. The proposed subdivision is located on SCTM# 1000-22-3-15.1 and 18.3, and is known as Cove Beach Estates. The Planning Board granted conditional final approval to a 34 lot subdivision with one of the conditions being that: A road tap must be provided to allow for access of the adjacent properties to the east to Main Road. The road tap must be located approximately six hundred (600) feet north of the intersection of the proposed road (Cove Beach Drive) and Main Road (State Route 25). The ownership of the Cove Beach Estates property has changed, and the new owner has filed conservation easements with the Peconic Land Trust on a majority of the property. In addition, he is proposing to decrease the number of lots to 10. The road layout for the 10 lot proposal is similar to that of the 34 lot proposal and the above mentioned condition in regard to the road tap will be required for the 10 lot proposal. Please see the enclosed diagram for clarification in regard to the proposed road tap location. Although Gazza and Lettieri are guaranteed access to SR25 over the Cove Beach road, this does not resolve the issue of access to the interior 4 lots. As noted earlier, the subdivision applications before the Planning Board have been dormant since the Board's request for the preparation of a DEIS. The Planning Board questions the end result of the 280-A application before the Zoning Board of Appeals and the Wetland Permit Application before the Town Trustees: -Are the recent applications an attempt to circumvent the SEQRA process? -If the pending subdivision applications are not withdrawn, will the applicants proceed with their wish to subdivide the property into a total of 12 lots upon receipt of a decision from the ZBA in regard to the 280-A application? -If the pending subdivision applications are withdrawn, will the applicants at a later date re-apply for subdivision of the property? Again, is this an attempt to circumvent the SEQRA process? I trust the above mentioned information will assist you in your review of the pending applieations. If you require any additional information, please feel free to contact me or to review the Planning Board's files. PLANNING BOARD MEMBERS ~chard G, Ward, Chairman Oeorge Rltchle Lathan~ Jr. Bennett Orlowskl, Jr. Mark $. McDonald Kenneth L. Edwards Telephone (516] 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Su~r Town Ha]l, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765 - 1823 September 14, 1993 Joseph F. Gazza P.O. Box 969 30dgen Lane Quogue, NY 11959 Re: Proposed minor subdivision Andrew Lettieri SCTM# 1000-31-5-1.2 Dear Mr. Gazza: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, September 13, 1993: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, makes a determination of significance, and grants a Positive Declaration. Enclosed please find copies of the Positive Declaration for your records. Sincerely, Richard G. Ward Chairman eno. PLANNING BOARD MEMBERS Richard 0. Waxd. Chairman George Ritchle Latham, Jr. Bennett Orlowskl, Jr, Mark $. McDonald Kenneth L. Edwards Telephone {516) 765-1938 PLANNING BOARD OFFICE ·OWN POSITIVE DECLARATION Notice of Intent to Prepare a Draft EIS Determination of Significance SCOTT L. HARRIS Supervisor Town Hail 53095 Main Road P.O. Box 1179 South.~d, New York 11971 Fax {516) 765 - 1823 Lead Agency: Address: Planning Board of the Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Date: June 24, 1993 This notice is issued pursuant to Part 617, of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The lead agency has determined that the proposed action described below may have a significant effect on the environment and that a Draft Environmental Impact Statement will be prepared. Title of Action: SEQR Status: Project Description: SCTM Number: Location: Minor Subdivision Andrew Lettieri East Marion, New York Type I Action The project which is the subject of this Determination, involves a subdivision of 10.67 acres into three (3) lots. The project site is in a Critical Environmental Area and contains wetlands associated with Dam Pond. Four additional subdivision projects are pending in the same geograph'c area and will involve common and potentially significant impacts. 1000-31-5-1.2 The site consists of 10.67 acres and is located beginning 1,900 feet east of Stars Road on the north side of Main Road, East Marion. Comments: Andrew Lettieri SEQR Determination The Planning Board is reviewing this project simultaneously with the following applications: Minor Subdivision of Joseph Frederick Gazza SCTM # 1000-22-3-19 Minor Subdivision of Bernice Lettieri SCTM # 1000-22-3-20 Minor Subdivision of Joseph Frederick Gazza SCTM # 1000-22-3-21 Minor Subdivision of Grundbesitzer Corp. & Andrew Lettieri SCTM # 1000-22-3-22 Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form Parts I and II, and the following specific reasons: (1) The. project has been evaluated through a Long EAF Part III which discusses in detail enwronmental and planning aspects of the project. (2) The action(s) will result in significant loss of open space in a Town and County designated Critical Environmental Area which contains unique habitat and resources associated with Dam Pond. (3) .The action(s) will result in impairment of the viability of unique habitat areas ~ncluding overgrOwn field, tidal wetlands, dunelands and first growth woods. The diversity of habitats and the fragmentation and loss of same represents a significant ecological impact. (4) The .action(s) may cause impact to the surface waters of Dam Pond in the form of erosion and sedimentation, stormwater runoff, and nitrogen load. In addition the actions will require water supply and use in an area of limited water supply potential. (5) The action(s) will cause potential visual impacts from the waterway and from Main Road. (6) The action(s) require common access and will share some utilities and impacts. The viability of the access from the Andrew Lettieri parcel to other parcels to the north has been questioned by the Town Trustees as this access may require a road crossing over Trustees land -- an action which the Trustees have indicated they are not inclined to permit. (7) An environmental impact statement would permit the proper consideration of generic impacts assocmted with the combination of the five (5) projects, and allow for reasonable mitigation measures and alternatives to be explored. For Further Information: Contact Person: Address: Phone No.: Richard Ward, Chairman, Planning Board Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 (516) 765-1801 Page 2 of 3 Copies of this Notice Sent to: Andrew Lettieri SEQR Determination Commissioner-Department of Environmental Conservation, 50 Wolf Road, Albany, NY 12231 Regional Office-New York State the Department of Environmental Conservation, SUNY @ Stony Brook, Stony Brook, NY Southold Town Board of Trustees Southold Town Building Department Suffolk County Department of Health Services Suffolk County Planning Commission NYS Dept. Transportation, John A. Falotico, Veterans Memorial Highway, Hauppauge, NY 11788 NYS Dept. of State, Mohabir Persaud, 162 Washington Ave., Albany, NY 12231-0001 Applicant Page 3 of 3 PLANNING BOARD MEMBERS Richard O. Ward. Chairman George Rl~chie Latham. Jr. Bennett Orlowsk~, Jr. Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 November 12, 1993 PLANNING BOARD OFFICE TOV~N OF SOUTHOLD SCOTr L. HARRIS Supervisor Town Hall, 53095 Main Ri~qd P. O. Box 1179 Southold, New York 11971 Fax (516) 765 - 1823 To Coordinating Agencies: Re: Scoping Session for Gazza/Lettieri SCTM# 1000-22-3-19, 20, 21, 22 and 31-5-1.2 A joint scoping session was held in Southold Town Hall on October 28, 1993 for all five of the above-noted subdivisions. Enclosed you will find the summary outline of that session. This outline will be used by the applicant to compile a single draft Environmental Impact Statement for the five subdivisions. The Planning Board will use this outline to determine the completeness of the draft. As a coordinating agency, the Planning Board would appreciate your reviewing the enclosed document to ensure that the concerns of your agency are included. If they are not, please commit them to writing within the next few weeks, so that this summary outline can be amended as needed. If we do not hear from you, we will assume your agreement with the contents of this summary outline. Thank you for your time. cerely, Senior Planner cc: enc. Commissioner - Department of Environmental Conservation Regional Office - NYSDEC, Suny @ Stony Brook Southold Town Board of Trustees Southold Town Building Department Suffolk County Department of Health Services Suffolk County Planning Commission New York State Department of Transportation New York State Department of State October 28, 1993 Ms. Valerie Scopaz Planner Town of Southold Main Road Southold, New York 11971 Re: Dam Pond, Marion 5 Pending Subdivisiom Scope ofDraft EIS Dear Valerie: ' As per our meeting of October 28, attached, please find the final scope of the Draft EIS for this project. This outline incorporates changes discussed during the scoping meeting. ~'fo' This, ou[,line can be ci/. culate.d t9 the applicant, involved agencies and parties mtere.,s,t,tOr me, purpo,se ot .establishing .~. understanding of the issues which the wn Wnl oe seemng to nave incorporated into the document. Thank you for the opportunity to be of service to you, and please call if you have any questions. enc: scoping outline Very truly yours, 54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764 (516) 331-1455 DAM POND, MARION - SUBDMSIONS SEOR SCOPING OUTLINE TABLE OF CON'I"~.a~ITS AND SUMMARY A table of contents and a brief summ~,y are rcquired for Draft BIS A. B. C. D. F.. Brief description of the action Si?ificant, beneficial and advers~ impacts, (issues of controversy must b~ specified) l~i~;~rion mc~ures proposed Alteraatives coaaldered Matters to be decidcd (permits, approvals, funding) L DESCRIPTION OF THE PROPOSED AL-lION PROJECT PURPOSE, N~D AND BENE~rI~ 1. Background and history - History of acquisition and past use 2. Public need for thc project, and municipality objectives based on adopted community dcvclopments plan, .. sllmm~7.~ municipal objeetives from land usc plan section 3. Objectives of thc project sponsor 4. Benelits of the proposed action a) social b) economic Bo 1. F. atablish geographic boundaries of thc project (use of regional and local scale maps is rceommcnded) 2. Descr/ption of acceas to site 3. Description of existing ZOnin~ of proposed site DESIGN AND LAYOUT 1. Total site area - describe unique features of thc site which constrain usc a) tidal wetlnn~ b) freshwater wetlands c) surface water d) ~hn!!ow groundwater c) unique habitat 2. Site Coverage Quantities -- prepare a table of estimated site coverage quantities a) estimated b~a~n~ coverage b) estimated driveway coverage c) estimated subdivision road coverage d) estimated landscaped area (fcrfilized/unfcr~iliTcd) c) estimated natural area 3. Structures -- expected structures based on market and zonln~ code 4. Water Supply -- ability to meet Article 4 and water quality standard~ $. Sanitary Disposal - necessary fill and ability to conform to SCDHS design CRAMER, VO/~NHH~['~G J-~SOCIAmc=o Pasel Eo Dam Pond, lVlm4on - Subdivisions SEQRA Scoping Checklist rcqulremcnts Stormwater Dispe~al - capacity and design requirements CONSTRUCTION AND OPERATION 1. Construction a) total construction period anticipated --timing of development b) schedule of construction activities --particularly duc to wildlife sen-~tive periods c) future potcntial development, on sitc or on adjoining properties 2. Operation a) type of operation - road/re~h~,,ge dedication; open space dedication if applicable; are any future piers or watedront struaures contemplated b) schedule of operation -- if applicable APPROVALS 1. Permit approvals - llst agency, permit and status a) Town of Southold plsnnlng Board -subdivision b) Town of Southold Trustees - use of land; wctiands c) SC Dept. of Health Sc~,ices - sanitary d~spnsal and water supply d) NYS Dept. of Environmental Conservation -- tidal and freshwater wetlands; protection of waters; water supply if greater than 45 gpm e) Army Corps of ~n~n,',ers - if activity below spring high water; C22Vl consistency review, if applicable II. ENVIRONMENTAL SETtiNG Natural Resource A. GEOLOGY 1. Subsurfaco a) composition and thickness of subsurface material - summarize test hole information 2. Surface a) List of soil types discussion of soil characteristics distribution of soil types at project site d) suitability for use Topography -- uti!!~,~ topo map based on 2' contour intervals a) description of topography at project site - dopes - prominent or unique features WATER RESOURCES 1. Groundwater e) depth to groundwater seasonal fluctuations/tidal fluctuations water table contours and direction of flow discuss groundwater-surface water inter-relationship; discharge tO surface water; tidal fluctuations determine existing watcr quality beneath the site in anticipated water supply zones CRAMER, V(D~ ~/~A~soc,ATES ENVIRONMENT~~G CONSULTANTS !~8e2 Dam Pond, Marion - Subdivisions SF~RA Scoping Checklist 0 idcntific~tlon of present uses and level of use of groundwater - locatiun of cxistiag wells - public/private water supply Surface Water a) de,sm'be Dam Pond estuary b) NYSDEC sudace water classification c) determ;,m tidal/nfluences d) present water q-~l!~ and s~linity TERREgrRIAL AND AOUATIC ECOLOGY 1. Vegetation a) list vegetation types on the project site and within the surrouvd;-~ area; ~/nto habitats b) disc-~;on of site vegetation ehnracteristics - species presence and abundance - age -siz~ - distribution - dominsnce - unique, rare and coa--~cred species - value es habita~ for wildli/e - preductivi~ c) contact NYS Natural Heritage Program for in/ormation concerning unique vegetation, habitats or wildli/c species d) describe habitnt needs and biological eh-,-actcrhtics of all endangered, threatened and species of special concern 2. Wildlife a) perform on-site field hspections to dctcrminc wildlife occupying thc site b) consult rcfcrcnces to determine species expected to occupy site based on c) list species nsaoc/ated with site; diff~rcntiatc between sprx:ies observed on sitc and species pre, s~nt un site; identify endangered, threatened and species of special concern d) contact NYS Natural Heritage Program for/nformation concerning unique vegetation, habitats or wildlife species c) describe habitat needs and biological characteristics of all endangered, threatcned and species of special concern a) describe wetlands and characteristics b) outline NYSDEC we. fl~nds classifications and discuss importance/benefits of each lype on or adjacent to the site Human Resoures~ A. TRANSPORTATION 1. Transportation Services a) descn'be access to thc site, main road and internal road circulation Co b) c) Dam Pond, Marion - Sabdlvisious SEQRA Scopi~ Checklist descri~ e~;-g level of us~ on Main Road - ferry traffic, seasonal traffic - a.m. and pan. peak hour traffic flow make no~ of pcder~ian eavironme~ and public transportation, if applicable - a.m. and p~n. peak hour traffic flow - vehicle mix - source of ~i.~i~g traffic LAND USE AND ZONING a) description of thc cd.~;-g land use of thc projea ~c and thc surroundi.g ar~ - mai~ note of Cove Beach Eaates and graphically identily open space argus b) de, scription of existing zon;.g of site and surround;-g area l~nd rise plnn~ a) description of any land use plans or master plans which include project site and surrounding area - Master Plan - Draft LWRP - Southold land Use Task Force draft recom,~edafious - SC plznnlng Commie,!On recommended acquisition parcels report - Governers Task Force draft recomme~l~dations COMMUNrr Y SERVICES 1. Educational facilities 2. Police protection 3. Fh'o protection 4. Recreational facilities 5. Utilities CULTURAL RESOURCES 1. Visual resources a) description of th~ ph~ical character of thc area b) desc~pfion of natural areas of *;~a~;fi~ant architectural dexlo~ 2. Historic/Archacologlcal Resources -- include Cultural Resources A~sessmant if completed or a) describe existing historic areas or structures listed on State or National Register or designated by the commlmi[y, or included on Statewide Inventory b) determine if previous historic structures existed on project site through review of historic maps available at libraries c) contact NYS Office of Parks, Recreation and Historic Preservation, Historic Preservation Ir~eld Services Bureau for information pertaining to history and prehistory of the site IH. SIGNIFICANT ENVIRONMENTAL IMPACTS Rcvicw each aspect of the cnvlroameatal setting in Section IV and provide a qualitative Pa~ 4 Dm Pond, Marion. Subdivisions SEQRA Scoping Checklist discussion of impacts with quantification of impacts where po~ible. /mpacts that are not gi~o~ifie~nt need only be discur~ to the point where this is demonstrated. $;~;6cant impacts should be discus~ in detail appropriate for the scope of thc impact. The following kcy issues arc noted: Sediment control and erceioa protection methods should be described to mln[m~Te siltation 0f wetlands and habitat areas and mln]m]7~, erosion of proposed fill area~. Excavation for ba~mcnts and sanitary systems should be di~ass~ as related to soil quan~itlcS a~d erosion protection. Soils/Topographic Elevation/Depth to groundwater a~ related to fl~ctionln~o of ~n~tary systems. Quantity and location of fill ~ to create properly functionl-g sanitary systems. Nitrogon concentration in recharge and environmez~ml/cculogical impact on Dam Pond via groundwater underflow. A nitrogen budget should be performed, and disc~on of direction of flow and setbacks should be di~u~sed as related to the~ impacts. Discuss project in view of Article 6 and SCDHS design criteri~ Discuss Board of Review proce~ ff applicable for sa~itury systems. Water quality beneath site and sultab'dity for water supply weKs. Impact of groundwater withdrawal from supply welis on existing hydrology. Impact of thc project on surface water by overland runoff from roads and fertilized Impact on *i~i6cant habitats and specific species associated with these habitats. Fr~omentation of glgn~ficant habitat partiod~r~y ia view of Dam Pond and associated wetlands. Consideration should be given to the penln~ula area, and ~li?ment of h~h~tat/open space areas with the adjacent Cove Beach Estates open space a~eus. Impact on ability of NYSDEC designated we~hnds to continue to provide benefits identified in Section II. Conformance of project to land use pl~n~ and pl.~%o efforts/open space preservation strategies of the Town of Southuld. Vehicle trip generation and ability of roads to accommodate traffic. Impact of the project on culturul resources inclualng visual, and historic/archaeological resoarces which may be identified as a result of Section IL IV. MITIGATION MEASURES TO MINIMIZE ENVIRONMENTAL IMPACT Descn'oe measures to reduce or avoid poO'~ntial adverse impacts identified in Section IH, The following is a brief li.~ing of typical measures used for some of the major areas of impact. Natural Resource A. GEOLOGY 1. Subsurface a) use excavated material on site b) reuse topsoil for landscaped areas 2. Surface a) use topsoil stockpiled during construction for restoration and landscaping b) mlnlm;7¢ disturbance of non-coustruction si~es -- proposed buffer areas and c) design and implement soil erosion control plan 3. Topography a) avoid cons~on on areas or steep slope b) design adequate soil erosion devices to prote.~ areas of steep slope Page Dam Pond, Marion. Subdivisions SEQRA Scoping Checklist WATER RESOURCES 1. Groundwater a) ensure adequatc sanitary dc.sign b) n~ntaln permeable areas on the sitc 2. Surface water a) cnsure use of soil erosion control tc~h,dques during construction and operation to avoid siltation examples: - hayba - temporary restoration of vegetation to disturbed areas - Umdscap s b) d~*i? adcquate stormwatcr control system TERRESTRIAL AND AOUATIC ECOLOGY 1. Vcgctatlon a) restrict clearing to only those are, as necc~,y b) preserve part of skc as a natural area c) after construction, landscapc site with naturally occurring vegetation d) time construction activities to avoid wildlife impacts Human Resources A. Bo TRANSPORTATION 1. Transportation -- design adequate and safe access to project site to handle projected Iraffic flow LAND USE AND ZONING 1. F..xi.~ing land use and zon;ng a) design project to comply with cxisting land use plans b) design functional and visually appe~l;-g facility to set standard and prcccdcnt for futRrc stffrotmdin~ lalld ~ COMMU~rrY SERVICES L Police~F'~re protection - ensure e~cicnt access to residences on the site 2. Ufilifics a) /ri,st/all utility serviccs underground b) incorporate water saving fixturez into facility design CULTURAL RESOURCES 1. Visual re, sources a) providc buffering to improvc acsthctics b) mlnlmi?¢ road surfacc area and ~;~on;llcant land disturbancc 2. Historic/Archaeological -- to be dctcrm;ned based on Section H. V. ADVERSE ENVIRONMENTAL EFFECTS THAT CANNOT BE AVOIDED IF THE PROJECT IS IMPLEMENTED Idcntify thosc adverse cnvironmcntal cffccts is Section IV that can bc cxpccted to occur regardless of thc mitigation measures considcrcd in Section IV. E NVIRO N M ENT%~Ix~,/~G CONSULTANTS Page6 Dm Pond, Marion. Subdivisions SEQRA Seeping Checklist VI. ALTERNATIVF~ This section contnl.~ categories of alternativea with e~nmples. Disea~on of each alternative should be at a levee sufficient to permit a comparative assessment of costs, benefits and cnvironmonta] r~k~ for each altar~five. It is not acceptable to make simple nssertions that a ~eB~ alternative is is not feasible. COnceptual sketch plans shouid accompany alternative design plans to provide a basis for comparison and annlysis. Ao ALTERNATIVE DESIGN 1. Site layout a) location of structures b) location of ac_~__~s routes -- avoid cro~ing of Trustees land z Cinstering a) propose a duster plan which avoids s~nsltlve areas of the site as identified in Section H (i.e. ~ha!low groundwater, wetlands areas and interconnection corridors) 3. Transfer of Development ]llghts a) determine other potentially suitable lands to receive development rights from all or a portion of the subdivisions with the intent of mlnimi~in~ impaci Upoll s~nsltlv~ areas 4. Acquisition a) discuss fe~slhillty of acquisition of all or the most sensitive portions of the overall project site in order to m~nlmi~¢ impact upon sensitive areas NO AC'lION 1. Impacts of no action a) effect on public need b) effect on private developers' need c) beneficial or adverse environmental impacts VII. IRREVERSIBLE AND IRR~.-I'KIEVABLE COMMITMENT OF RESOURCE,q Identify tho~e natural and human resources listed in Section HI that will be consumed, converted or made nnnvailable for future use. VIII. GROWTH INDUCING IMPACTS Indicate if project will cause additional growth in the area which would not otherwise occur. Consider access, utilities and precedent. APPENDICES Following is a list of materials typically used in support of thc ElS. Ao List of underlying studies, reports and information considered and relied on in preparing statement Teehnical exhibits (if any) at a legible scale Relevant correspondence regarding the projects may be included Page7 PLANNING BOARD MEMBERS Richard O. Ward. Chairman George Ritchle Latham. Jr. Bcnnet~ Odowski. Jr. Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P. O. Box 1179 Southold. New York 11971 Fax (516) 765 - 1823 September 14, 1993 Joseph F. Gazza P.O. Box 969 30dgen Lane Quoque, NY 11959 Re: Proposed minor subdivision Bernice Lettieri SCTM# 1000-22-3-20 Dear Mr. Gazza: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, September 13, 1993: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, makes a determination of significance, and grants a Positive Declaration. Enclosed please find copies of the Positive Declaration for your records. Sincerely, Richard G. Ward Chairman enc. PLANNING BOARD MEMBERS Richard G. Want, Chairman George Ritchie Latham, Jr. Bennett Orlowski. Jr. Mark S. McDonald Kenneth L, Edwards Telephone (516) 765-1938 Lead Agency: Address: PLANNING BOARD OFFICE TOWN OF SOUTHOLD SEQR POSITIVE DECLARATION Notice of Intent to Prepare a Draft ElS Determination of Significance Planning Board of the Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Date: June 24, 1993 scott L. HARRIS Supervisor Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765 - 1823 This notice is issued pursuant to Part 617, of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Enviromnental Conservation Law. The lead agency has determined that the proposed action described below may have a significant effect on the environment and that a Draft Environmental Impact Statement will be prepared. Title of Action: SEQR Status: Project Description: SCTM Number: Location: Minor Subdivision Bernice Lettieri East Marion, New York Type I Action The ,project which is the subject of this Determination, invo. lves .a Su.b.division of 4 acres into two (2) lots. The project site ts in a Critical Environmental Area and contains .wetlands associated with Dam Pond. Four additional subdivision projects are pending in the same geographic area and will involve common and potentially significant impacts. 1000-22-3-20 The site consists of 4 acres and is located northwest of an extension of Dam Pond beginning at a point 186.35 feet east ora point 1,414.51 feet north of Main Road at a point 1,950 east.of Stars Road, East Marion. Comments: Bernice Lettieri SEQR Determination The Planning Board is reviewing this project simultaneously with the following applications: Minor Subdivision of Andrew Lettieri SCTM # 1000-31-5-1.2 Minor Subdivision of Joseph Frederick Gazza SCTM # 1000-22-3-19 Minor Subdivision of Joseph Frederick Gazza SCTM # 1000-22-3-21 Minor Subdivision of Grundbesitzer Corp. & Andrew Lettieri SC'TM # 1000-22-3-22 Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form Parts I and II, and the following specific reasons: (1) The project has been evaluated through a Long EAF Part III which discusses in detail environmental and planning aspects of the project. (2) The action(s) will result in sigmficant loss of open space in a Town and County designated Critical Environmental Area which contains unique habitat and resources associated with Dam Pond. (3) .Th,e action(s) will result in impairment of the viability of unique habitat areas lnctuding overgrown field, tidal wetlands, dunelands and first growth woods. The diversity of habitats and the fragmentation and loss of same represents a significant ecological impact. (4) The .action(s) may cause impact to the surface waters of Dam 'Pond in the form of eroston and sedimentation, stormwater runoff, and nitrogen load. Groundwater is shallow beneath the site and may result in impacts from sanitary system installation. In addition the actions will require water supply and use in an area of limited water supply potential. (5) The action should be consid, ered in a context which will seek to maximize open space retention in a sensitive Critical Environmental Area through coordination of contiguous open space with adjoining pa.rcels including Cove.Beach Estates and four (4) additional currently pending subdivisions noted herein. /76/ Tl{e acti°n/s/will cause P°tent~al visual impacts. The action~s) require common access and will share some utilities and impacts. The viability of the access from the Joseph Frederick Gazza parcel has been questioned by the Town Trustees as this access may require a road crossing over Trustees land -- an action which the Trustees have indicated they are not inclined to permit. Access to the subject Bernice Lettieri piece as proposed requires this wetlands road crossing. (8) An environmental impact statement would permit the proper consideration of generic impacts assoc:ated with the combination of the five (5) projects, and allow for reasonable mitigation measures and alternatives to be explored. For Further Information: Contact Person: Richard Ward, Chairman, Planning Board Town of Southold Page 2 of 3 Address: Phone No.: Copies of this Notice Sent to: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 (516) 765-1801 Bernice Lettieri SEQR Detea'mination Commissioner-Department of Environmental Conservation, 50 Wolf Road, Albany, NY 12231 Regional Office-New York State the Department of Environmental Conservation, SUNY @ Stony Brook, Stony Brook, NY Southold Town Board of Trustees Southold Town Building Department Suffolk County Department of Health Services Suffolk County Planning Commission NYS Dept. Transportation, John A. Falotico, Veterans Memorial Highway, Hauppauge, NY 11788 NYS Dept. of State, Mohabir Persaud, 162 Washington Ave., Alb~iny, NY 12231-0001 Applicant Page 3 of 3 PLANNING BOARD MEMBERS Richard O. Wahl, Chairman George Ritchle Latham, Jr. Bennet~ Or[owski, Jr, Mark S, McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. I-IAR~S Supervisor Town HaU. 53095 Main Road P. O. Box 1179 Southold. New York 11971 Fax (516} 765 - 1823 September 14, 1993 Joseph F. Gazza P.O. Box 969 30dgen Lane Quogue, NY 11959 Re: Proposed minor subdivision Grundbesitzer Corp. & Andrew Lettieri SCTM# 1000-22-3-22 Dear Mr. Gazza: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, September 13, 1993: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, makes a determination of Significance, and grants a Positive Declaration. Enclosed please find copies of the Positive Declaration for your records. Sincerely, Richard G. Chairman enc. PLANNING BOARD MEMBERS Richard O. Want, Chairman George Rltchie Latham, Jr. Bcnnetl Orlowskl. Jr. Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 Lead Agency: Address: PLANNING BOARD OFFICE TOWN OF SOUTHOLD SEQR POSITIVE DECLARATION Notice of Intent to Prepare a Draft ElS Dctcrmination of Significance Planning Board of the Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Date: June 28, 1993 SCOTT L. HARRIS Town Hall, 53095 Main Read P. O. Box 1179 Southold, New York 11971 Fax (516) 765 - 1823 This notice is issued pursuant to Part 617, of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. · .~The.leao,d agen~ has determined that the proposed action described below may have a slgnlncant effect on me environment and that a Draft Environmental Impact Statement will be prepared. Title of Actlon: SEQR Status: Project Description: SCTM Number: Location: Minor Subdivision Grundbesitzer Corp. & Andrew Lettieri East Marion, New York Type I Action The project which is the subject of this Determination, involves a subdivision of 6.3 acres into three (3) lots. The project site is in a Critical Environmental Area and contains wetlands associated with Dam Pond. Four additional subdivision p. rojects are pending in the same geographic area and will involve common and potentially significant impacts. 1000-22-3-22 The site consists of 6.3 acres and is located on a western point of Pond, primarily west of a point 1,170.81 feet north of a Suffolk County Control Monument No 10-1243 on NYS Route 25, East Marion. Comments: Grundbesitzer & Lettleri SEQR Determination The Planning Board is reviewing this project simultaneously with the following applications: Minor Subdivision of Andrew Lettieri SCTM # 1000-31-5-1.2 Minor Subdivision of Joseph Frederick Gazza SCTM # 1000-22-3-19 Minor Subdivision of Bernice Lettieri SCTM # 1000-22-3-20 Minor Subdivision of Grundbesitzer Corp. & Andrew Lettieri SCTM # 1000-22-3-22 Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form Parts I and II, and the following specific reasons: (1) The. project has been evaluated through a Long EAr Part III which discusses in detail environmental and planning asp. ects of the project. . (2) The action(s) will result in sigmficant loss of open space m a Town and County designated Critical Environmental Area which contains unique habitat and resources associated with Dam Pond. (3) .The action(s) will result in impairment of the viability of unique habitat areas including overgrown field, tidal wetlands and dunelands. The diversity of habitats and the fragmentation and loss of same represents a significant ecological impact. .The site is surrouded on three sides by Dam Pond and associated wetlands and is an ~mportant component of the area habitat continuum and open space as well as visual resource. (4) The .action(s) may cause impact to the surface waters of Dam Pond in the form of erosion and sedimentation, stormwater runoff, and nitrogen load. Groundwater is shallow beneath the site and may result in impacts from sanitary system installation. In addition the actions will require water supply and use in an area of limited water supply potential. . (5) The action should be considered in a context which will seek to maximize open space retention in a sensitive Critical, Environmental Area through coordination of contiguous ope.n space with adjoining parcels including four (4) additional currently p~ndmg subdiwsions noted herein. /76/ the action~s/ will cause potential visual impacts. The action[s) require common access and will share some utilities and impacts. The viability, of the access from the Joseph Frederick Gazza parcel has been questioned by the ~own Trustees as this access may require a road crossing over Trustees land -- an action which the Trustees have indicated they are not inclined to permit. Access to the. subject Grundbesitzer & Lettieri piece as proposed requires this wetlands road crossing. (8) An enmronmental impact statement would permit the proper consideration of generic impacts associated with the combination of the five (5) projects, and allow for reasonable mitigation measures and alternatives to be explored. For Further Information: Page 2 or 3 ) Grundbesltzer & Lettleri SEQR Determination Contact Person: Address: Phone No.: Richard Ward, Chairman, Planning Board Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 (516) 765-1801 Copies of this Notice Sent to: Commissioner-Department of Environmental Conservation, 50 Wolf Road, Albany, NY 12231 Regional Office-New York State the Department of Environmental Conservation, SUNY @ Stony Brook, Stony Brook, NY Southold Town Board of Trustees Southold Town Building Department Suffolk County Department of Health Services Suffolk County Plannin~ Commission . - NYS Dept. Transportatxon, John A. Falotico, Veterans Memorial Highway, Hauppauge, NY 11788 NYS Dept. of State, Mohabir Persaud, 162 Washington Ave., Albany, NY 12231-0001 Applicant Page 3 of 3 PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, .Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Telephone (516} 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P. O. Box 1179 Southokt, New York 11971 Fax {516} 765 - 1823 September 14, 1993 Joseph F. Gazza P.O. Box 969 30dgen Lane Quogue, NY 11959 Re: Proposed minor subdivisions Joseph F. Gazza SCTM# 1000-22-3-19 & 22-3-21 Dear Mr. Gazza: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, September 13, 1993: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, makes a determination of significance, and grants a Positive Declaration. · Enclosed please find copies of the Positive Declaration for your records. Sincerely, Richard G. Ward Chairman enc. PLANNING BOARD MEMBERS Richard O. Ward, Chairman George Ritehte Lath~m Jr. Bennett Orlowslc[, Jr. Mark S. McDonald Kenneth L. Edwards Telephone (518} 765-1938 Lead Agency: Address: Date: PLANNING BOARD OFFICE TOV~N OF SOUTHOLD SEQR POSITIVE DECLARATION Notice of Intent to Prepare a Draft EIS Determination of S~gnificance Planning Board of the Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 June 24, 1993 SCO'IT L. HARRIS Supervisor Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516} 765 - 1823 This notice is issued pursuant to Part 617, of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. · The lead agency has determined that the proposed action described below may have a Slguificant effect on the environment and that a Draft Environmental Impact Statement will be prepared. Title of Action: SEQR Status: Project Description: SCTM Number: Location: Minor. Subdivision Joseph Frederick Gazza East Marion, New York Type I Action The project which is the subject of this Determination, involves a subdivision of 4.915 acres into two (2) lots. The project site is in a Critical Environmental Area and contains wetlands associated with Dam Pond. Four additional subdivision ~rojects are pending in the same geographic area and will involve common and potentially significant impacts. 1000-22-3-19 The site consists of 4.915 acres and is located west of Dam Pond beginning at a point 1,414.51 feet north of Main Road that is 1,950 feet east of Stars Road, East Marion. Joseph Frederick Gazza SEQR Determination Comments: The Planning Board is .reviewing this project simultaneously with the following apphcations: Minor Subdivisio of Andrew Lettieri SCTM # 1000-31-5-1.2 Minor Subdivision of Bernice Lettieri SCTM # 1000-22-3-20 Minor Subdivision of Joseph Frederick Gazza SCTM # 1000-22-3-21 Minor Subdivision of Grundbesitzer Corp. & Andrew Lettieri SCTM # 1000-22-3-22 Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form Parts I and II, and the following specific reasons: (1) The project has been evaluated through a Lon~ EAF Part III which discusses in detail environmental and planning asp. ects of the project. (2) The action(s) will result in sigmficant loss of open space in a Town and County designated Critical Environmental Area which contains unique habitat and resources associated with Dam Pond. (3) The action(s) will result in impairment of the viability of unique habitat areas including overgrown field, tidal wetlands, dunelands and first growth woods. The diversity of habitats and the fragmentation and loss of same represents a significant ecological impact. (4) The action(s) may cause impact to the surface waters of Dam Pond in the form of erosion and sedimentation, stormwater runoff, and nitrogen load. In addition the actions will require water s. upply .and use in an .a{.ea of limited water supply potential. (5) The action should be considered m a context which will seek to maximize open space retention in a sensitive Critical Environmental Area through coordination of contiguous open space with adjoining parceis including Cove Beach Estates and four (4) additional currently pendin~ subdivisions noted herein.. /76/ The action/s~ will cause potenttal visual impacts. The action(s) require common access and will share some utilities and impacts. The viability of the access from the Andrew Lettieri parcel to other parcels to the north has ~een questioned by the Town Trustees as th~s access may require a road crossing over Trustees land -- an action which the Trustees have indicated they are not - inclined to permit. Access to the subject Joseph Frederick Gazza piece as proposed requires this wetlands road crossing. (8) An environmental impact statement woul.d permit the proper consideration of generic impacts associated with the combination of the five (5) projects, and allow for reasonable mitigation measures and 'alternatives to be explored. For Further Information: Contact Person: Richard Ward, Chairman, Planning Board Town of Southold Page 2 of 3 Joseph Frederick Gazza SEQR Determination Address: Phone No.: Copies of this Notice Sent to: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 (516) 765-1801 Commissioner-Department of Environmental Conservation, 50 Wolf Road, Albany, NY 12231 Regional Office-New York State the Department of Environmental Conservation, SUNY @ Stony Brook, Stony Brook, NY S0uthold Town Board of Trustees Southold Town Building Department Suffolk County Department of Health Services Suffolk County Plannin!~ Commission NYS Dept. Transportatlon, John A. Falotico, Veterans Memorial Highway, Hauppauge, NY 11788 NYS Dept. of State, Mohabir Persaud, 162 Washington Ave., Albany, NY 12231-0001 Applicant Page 3 of 3 PLANNING BOARD MEMBERS I~chard O. Wa~d, Chairman George Rltchle Latham, Jr. Bennett Orlowskl, Jr. Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 Lead Agency: Address: Date: PLANNING BOARD OFFICE TOWN OF SOUTHOLD SEQR POSITIVE DECLARATION Notice of Intent to Prepare a Draft ElS Detcrmination of Significance Planning Board of the Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 June 24, 1993 scott L. HARRIS Supervisor Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765 - 1823 This notice is issued pursuant to Part 617, of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The lead agency has determined that the proposed action described below may have a significant effect on ihe environment and that a Draft Environmental Impact Statement will be prepared. Title of Action: SEQR Status: Project Description: SCTM Number: Location: Minor Subdivision Joseph Frederick Gazza - 2 East Marion, New York Type I Action The project which is the subject of this Determination, involves a subdivision of 5.393 acres into two (2) lots. The project site is in a Critical Environmental Area and contains wetlands associated with Dam Pond. Four additional subdivision p. rojects are pending in the same geographic area and will involve common and potentially significant impacts. 1000-22-3-21 The site consists of 5.393 acres and is located north of an extension of Dam Pond beginning at a point 534.7 feet west ora point 1,170.81 feet north of Suffolk County Control Monument No 10-1243 on NYS Route 25, East Marion. ' Comments: Joseph Frederick Gazza - 2 SEQR Determination The Planning Board is reviewing this project simultaneously with the following applications: Minor Subdivision of Andrew Lettieri SCTM # 1000-31-5-1.2 Minor Subdivision of Joseph Frederick Gazza SCTM # 1000-22-3-19 Minor Subdivision of Bernice Lettieri SCTM # 1000-22-3-20 Minor Subdivision of Grundbesitzer Corp. & Andrew Lettieri SCTM # 1000-22-3-22 Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form Parts I and II, and the following specific reasons: (1) The project has been evaluated through a Lone EAF Part III which discusses in detail environmental and planning aspects of the project. (2) The action(s) will result in significant loss of open space in a Town and County designated Critical Environmental Area which contains unique habitat and resources associated with Dam Pond. (3) The action(s) will result in impairment of the viability of unique habitat areas nclud~ng overgrown field, tidal wetlands, dunelands and first growth woods. The diversity of habitats and the fragmentation and loss of same represents a significant ecological impact. The site includes a significant tidal wetlands that intrudes into Lot 2, and emphasizes the sensitivity of the parcel. (4) The .action(s) may cause impact to the surface waters of Dam Pond in the form of erosmn and sedimentation, stormwater runoff, and nitrogen load. Groundwater is shallow beneath the site and may result in impacts from sanitary system installation. In addition the actions will reqmre water supply and use in an area of limited water · supply potential. (5) The action should be considered in a context which will seek to m~imize open space retention in a sensitive Critical Environmental Area through coordtnation of contiguous open space with adjoining parcels including Cove Beach Estates and four (4) additional currently pendin~ subdivisions noted herein. /76/ The acti°n/s/will cause p°tentml visual impacts. The actionts) require common access and will share some utilities and impacts. The viability of the access from the Bernice Lettieriparcel has been questioned by the Town Trustees as this access ma.y require a road crossing over Trustees land -- an action which the Trustees have ~ndicated they are not inclined to permit. Access to the s.ubject Joseph Frederick Gazza piece as proposed requires this wetlands road crossing. (8) An enwronmental impact statement would permit the proper consideration of generic impacts associated with the combination of the five (5) projects, and allow for reasonable mitigation measures and alternatives to be explored. For Further Information: Page 2 of 3 Contact Person: Address: Phone No.: Copies of this Notice Sent to: Joseph Frederick Gazza - 2 SEQR Determination Richard Ward, Chairman, Planning Board Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 (516) 765-1801 Comm/ssioner-Department of Environmental Conservation, 50 Wolf Road, Albany, NY 12231 Regional Office-New York State the Department of Environmental Conservation, SUNY @ Stony Brook, Stony Brook, NY Southold Town Board of Trustees Southold Town Building Department Suffolk County Department of Health Services Suffolk County Planning Commission NYS Dept. Transportatmn, John A. Falotico, Veterans Memorial Highway, Hauppauge, NY 11788 NYS Dept. of State, Mohabir Persaud, 162 Washington Ave., Albany, NY 12231-0001 Applicant Page 3 of 3 JOSEPH FREDERICK GAZZA ATTORNEY AT LAW P.O. Box 969 5 OGDEN LANE QUO~UE, N~N YORK 11959 (516)653-5766 (DAY AND EVENING) JUN--25--gg 11:44 AM 01 June V~A FAC~H~L~ (516~ 765-1821 Trustees' of the Town of Southold $3095 M01n Road P.O. Box 1179 $outhol~, NY 11971 1999 Re: Oazla & Lettieri Application Dear BoaFd of Trustee Members: I represent Raoul Wittsvesn who owns. the parcel to the west and contiguo~s to the ~aZza and Lettisrx parcels at Dam Pond, East Marion. :As you arm aware from my previous appearances before the Board, Mr. Wltteveen has opposed the application of Oalza and Lettierl~ Your records will reflect that Coastal Environmental Corp. has aubmitte~ public oommsnts on the Ga~a application and these commsntsl were filed wl~h the Board on June 14, 1999. Coastal Environmental Corp. and its principal, Jeffrey L. Seaman, was rstatnediby Mr. Wittsvsan as an environmental consultant. Mr. Witt~veen has preserved over two-thirds of h~e 100 acre parcel. When he purchased his parcel and when he preserved a large part of his parcel he did so with the understanding that the e~¥1ronm~ntally fragile area to t~s eas~, at Dam Pond, would not be d~veloped and would remain prietxns and w~thout construction. The application by Gazz and Lettiari hem been adjourned from month o month! but it is my understanding t~st it is stol! before the Trustees ~ith the applicants apparently ~ntanding to proceed before your Board. On behalf o~Mr. Wl~tevssn I ask that you not~fy me of any further public hearLnge or any me,ting scheduled to be ~eld with the applicants or the applicants, repregentat~ve~ whether these meetings are formal or informal. CRC:sic Very truly yours, Charleo 1~. Cu APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 O^RO TOWN OF SOUTHOLD TO: Town Trust,s, Lead Agency .~ / FRON: Zoning Board of Aphis /~ ~/~ 0WN 0F UCHOLDj DATE: 3une 14, 1999 // ~ SUB3: SEQ~ Coordination - L~ieri/Gazza Proje~ et Dam Pond, East Nation Applicants, by their attorney, have indicated in the Long Environmental Assessment Form that a plan was prepared by En-Consultants and 3oseph Fischetti regarding removal of soil, placement of large drains, reclamation of soil, etc. Naps are also necessary to identify driveways to all five houses and design of proposed construction. We ask that applicant furnish six maps together with engineer's statements answering the following: a) All lots in this project are located in a Critical Environmental Area, requiring a Type ! Designation (instead of Unlisted). Publication by the DEC in the Environmental Notice Bulletin and other steps would follow once it is filed in Albany. b) Maps are requested showing the location of the five dwellings, with proposed cesspools and well systems, dwelling construction locations, amount of fill to be removed in order to properly review under SEQRA. Also requested is a road construction diagram prepared by an engineer at this time describing the amount of fill to be removed, areas of wetlands to be disturbed for construction and after construction changes, access way for equipment during dwelling construction (excavation, concrete deliver, lumber deliver, etc.). c) Setbacks from wetlands in relation to each of the five dwellings were not provided and are necessary. d) Copies of County Health Department approvals for five dwellings and proposed septic and well systems has not been furnished by applicant. (Coordination is requested under SEQRA with County Health Department as an involved agency.) e) Site Description: A-:L Existing land use is not residential. Please cladfy correct existing use of the property. Also, A-2 of the Long EAF states "225 sq. ft. of wetlands", which is not accepted as prepared because wetland plants, grasses and other areas are subject to flooding greater than 225 sq. ft. at the site. Calculations for percentage and square footages of all wetland areas to be provided for entire project site, and setbacks in relation to the proposed well and cesspool systems for each dwelling and driveway. Also calculations for amount of fill to be removed in cu. yds. and cross view diagram showing depth and dimensions for proposed removal of fill. Applicant did not complete A-2 and 3 with this information. 2 - .lune 14, 1999 To: Town Trustees (Lead Agency) Re: Lettied/Gazza Parcels at East [Vlarion f) Site Description: A-3 answer is not accepted. Property requires drainage and consists of wetland areas. Request engineer's drainage plans for proposed road and construction for dwelling to be provided by applicant. Description of Action noted "DEC and Town Trustees recommendations", but it is unclear as to whether recommendations were issued. None were found of record. g) Site Description: A -8 indicated 10 lt. min. depth to water table. This answer is not accepted due to inaccuracy. h) Site Description: A -9. Clarify why area is not an aquifer in this area. i) Site Description: A -10 answer is not accepted because fishing and shell fishing do exist in the project area. What information or study was used to provide this answer? j) Site Description: A-11. What information or study was used to provide this answer? k) Paragraph B-1 and subsections c, e, f, g were not answered. I) Subsection B-l-h states four dwellings. Will there be a filth dwelling (five lots)? m) Page 4, #2 at the top was not answered (and was removed from form). n) Page 4, #22 and #23 answers are necessary because wells are required for dwellings. o) Page 4, #24. Has any agency offered funding regarding purchase of the property? p) Page 5, All agencies were not appropriately listed (should include County Health Department, Town Trustees, Building Department). q) Page 5 - maximum potential of five lots - five dwellings instead of four? Please ask applicant to clarify. Lot fronting on Main Road would be House #5. r) Page 5 - surrounding land uses other than residential are not listed (within 1/4 mi. of site). s) Short EAF #5 is not answered - also provide copies of any approvals. t) Short EAF #9 - describe land uses other than residential in vicinity of project. u) Short EAF #11 - provide copy of DOT permit or approval mentioned. v) County Tax Map Parcel Numbers to be shown for all five parcels and street addresses for each. Applicants are requested to identify locations on site for proposed dwellings and outside areas of road construction. Stakes or flags may be used. Photographs are also helpful. Access into the property for visual inspection is requested of applicants as soon as possible and we ask that applicants contact us when the stakes or flags have been placed. If you have any questions, please let us know. Thank you. (~HARLES R. (~UDDY ATTObtNEY AT LAW June 25, 1999 VIA FACSIMILE f516) 765-1823 Trustees of the Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Gazza & Lettteri Application Dear Board of Trustee Members: I represent Raoul Witteveen who owns the parcel to the west and contiguous to the Gazza and Lettieri parcels at Dam Pond, East Marion. As you are aware from my previous appearances before the Board, Mr. witteveen has opposed the application of Gazza and Lettieri. Your records will reflect that Coastal Environmental Corp. has submitted public comments on the Gazza application and these comments were filed with the Board on June 14, 1999. Coastal Environmental Corp. and its principal, Jeffrey L. Seeman, was retained by Mr. Witteveen as an environmental consultant. Mr. witteveen has preserved over two-thirds of his 100 acre parcel. When he purchased his parcel and when he preserved a large part of his parcel he did so with the understanding that the environmentally fragile area to the east, at Dam Pond, would not be developed and would remain pristine and without construction. The application by Gazz and Lettieri has been adjourned from month to month, but it is my understanding that it is still before the Trustees with the applicants apparently intending to proceed before your Board. On behalf of Mr. witteveen I ask that you notify me of any further public hearings or any meeting scheduled to be held with the applicants or the applicants' representative, whether these meetings are formal or informal. Very truly yours, Charles a. Cuddy CRC:ejc ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Tow~ Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give Office (agency Freedom of Information Officer). One copy will be in response to your request, or as an interim response. to Town Clerk's returned to you SECTION I. TO: ' : ~'-- (Department or Officer, if known, that has the information you are requesting.) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and an,/ other pertinent information.) / -- Signature of Applicant: .Address: Mailing Address (if different from above): ' Telephone Number: '~7' ~r~"~ Date: ..~,~- ! [ ] APPROVED [ ] 0 E E Elizabeth A. Neville Freedom of Information Officer [ ] DENIED* OCT 2 7 [own Clerk Date · If delayed or denied see reverse side for explanation. Telephone (516) 765-1Sql. Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Conservation Advisory Council held Monday, October 18, 1999, the following recommendation was made: Moved by Scott Hilary, seconded by Melvyn Morris, it was RESOLVED to TABLE the Wetland Permit Application of LETTIERI, LETTIERI & GAZZA 22-3-19,20,21 & 22 for improvements to an existing right-of-way. 5 acre parcel offMain Rd., East Marion The CAC Tabled the application because there was not enough background information to make a recommendation. Vote of Council: Ayes: All Motion Carried Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Read P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-18q2 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD LEAD AGENCY COORDINATION REQUEST TO: ~140/'n. tlr P~q DATE: ,-~"' 02 o~''' ~ ~ Enclosed is a permit application and a completed part I of the Environmental Assessment Form: Southold Town Trustees are interested in your agency's comments in acting as SEQRA Lead Agency for: LOCATION: ~' ~2~,r ~OA~.i~& ~'~ ~'}~lts0 ~. DESCRIPTION: ~.~-O~q o~'7"oddd t~l~)-~PI¥4'& PERMIT REQUIRED: (~ TOWN WETLAND ( ) OTHER SEQRA CLASSiFICATION: ( ) Type I ( ) Type II (~ Unlisted ( ) CEA Please contact Albert J. Krupski, Jr., President, within 30 days and be advised that the Southold Town Trustees (WANT) / (DO NOT WANT) to assume lead agency. SENT TO: DOS ( ) DEC (~) DOH ( ) PB ( ) ZBA I~) BLD ( ) Please complete, detach and return this form to expedite processing. Involved Agency: Project Name: Location: SCTM: We at assuming Lead Agency. (have / have no) objection to Southold Town Trustees Comments / Reasons: Signature of Authorized Representative Patricia C. Moore Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 TOWN r' i Margaret Rutkowski April l5, 1999 Mr. Albert J. Krupski Southold Town Trustees Town Hall P.O.Box 1179, Southold NY 11971 Re: 280A approval from ZBA Wetland permit for improvements to right of way Dear Mr. Krupski and members of the Southold Town Trustees: Thank you for a very productive field inspection. I believe that a reasonable plan can be achieved with regard to the wetland application. For the record, in addition to the members of the board, the following persons appeared on the property- the Vice President of North Fork Environmental Council, Mr. Meinke, Joe Townsend, Thor Hanson, and Debbie O'Kane. We were pleased to have the DEC representative, Chris Arfsten present to provide additional recommendations for wetland restoration of the man made mosquito ditch. I have enclosed Mr. Fischetti's letter dated April 14, 1999 confirming our understanding of the recommendations made by the Trustees and DEC representative. I have contacted today Rob Herman from En-Consultants who will prepare with Mr. Fischetti the detailed wetland restoration plan in accordance with the enclosed letter. As soon as this plan is prepared, we will submit it to you to be made an acceptable condition of approval together with a copy of our application to the DEC. Please review the enclosed letter and confirm our understanding. Please advise if this matter will appear on your calender and whether you will entertain any discussions regarding the application. Moreover, if this matter is placed on your calender for continuation of the hearing Mr. Fischetti and I wish to be present. Please note that we object to any communications offthe record from the North Fork Environmental Council or anyone else. All communications, either verbal or written, must be placed on the record and subject to review and response from the applicant. lfyou have any questions please do not hesitate to contact me. cc: Andrew & Bernice Lettieri Joe Gazza Joe Fischetti PROFESSD~L ENGINEER HOBART ~AD / PO Bex 616 SOUTHOLO, NEW YORK 11971 Page 2 of 2 Patricia C. Moore 51020 Main Road Southold, NY 11971 Date: Reference: April 14, 1999 Gazza/Lettieri t'~ East Marion Dear Pat. I wanted to confirm the Town Tmstee's requests for revisions to the access roadway. The tbllowing are the results of our fi~ld inspection of the above referenced site with the Trustees: Remove the existing metal drainpipe and replace with two (2) 24-inch elliptical core, gated metal culverts. The inlets and outlets of the new pipe will e~end approximately 10 tbot beyond the existing pipe. 2. Concrete retaining wails/headwalls will be installed at the inlet and outlet. 3. Re-grade and remove the soil blocking the channel flow on the north side of the culvert. Mitigate the removal of any wetland grasses in item 4 above by removing part of the birm on the north side to re-claim wetland areas. 5 Re-grade the new roadway at the wetland area to pitch away fi'om the wetlands. If you have any qaestions regarding this matter please call. Fischetti, PE APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing : $outhold Town Hall ff-'~"~~ ,]1t53095 Main Road ~llll~ ~PR- 5~ i~jl P.O. Boxl179 ~ ~ ~ / ~ ~ So,hold, New York 11971 Fax (5 765-9064 phone (516) 765 1809 BO~ OF ~P~S TOWN OF SO.HOLD April 9, 1999 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Appl. No. 4619 - Request for Improvements/Fire Access Dear Mrs. Moore: As a follow-up and reminder, this will confirm that the above application is incomplete pending receipt of documentation, noted below (ref. ZBA October 8, 1998 letter). Would you please forward a copy of the SEQRA law or Section under Part 617 referred to in your January 28, :t999 letter. 1) Seven (7) prints of a survey map with preparers name, showing the 15' wide driveway required by the Zoning Code and the number of buildings proposed and the points of access from the proposed right-of-way construction. (The most recent map submitted to the ZBA was dated October 18, 1998 referring to '~J" lots.) 2) Staking or similar markings, in part, to show proposed path and turns, along both sides of proposed ROW construction, and photographs of same in relation to the wetlands. 3) Copy of Town Trustees' action and State D.E.C. application or permit regarding the proposed construction activities within 300 feet of wetlands. Thank you. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN March 31, 1999 Southold Town Trustees Southold Town Hall Main Road, Southold, NY 11971 Re: Lettieri & Gazza PATRICIA C. MOORE Atto~aey at Law 51020 Main Road Southold, New York 11971-4616 Tel: (516) 765-4330 Fax: (516) 765-4643 Dear Trustees: The property has been staked at the following points: 1. Center line of the road 2. At 19t which represents the edge of the road improvements meeting the minimum Town specifications- the proposed road will be constructed in accordance with the Town specifications certified by Joe Fiehetti and as shown on the map prepared by Joseph Ingegno. The road surface is proposed at 15t with pervious material. 3. At 50' which is the deeded easement between all the property owners. The road will not be improved beyond the minimum town requirements. We respectfully ask that the board please visit the property, and that the wetland permit be issued at the next board meeting. V e~l y yours, cc: Andy and Bernice Lettieri Joe Gazza rOWN OF SOUTH" HORTI'I FORK £H¥1ROHM£HT L COUHIC , 'HC. Route 25 at Love Lane, PO Box 799, Mattltuck, NY 11952 516-298-8880 April 01, 1999 Albert Krupski Jr,, President Southold Town Trustees Town Hall Southold, New York 11971 Dear Al, I am writing to you to express the concern the NFEC has in regards to the application betbre your Board to "improve" a farm road to gain access across wetlands to the property of Gazza/Letteiri in the Dam Pond area. As you are well aware, Dam Pond is a unique and special place, and any further development of the surrounding parcels would represent a great loss to the Town, tbr both environmental and aesthetic reasons. In 1993, the Planning Board issued a Positive Declaration of Significance on the 5 applications before that Board to further subdivide the parcels. A Draft Enviromnental Impact Statement was never produced and the applications remained idle for several years. Recently, the applications for minor subdivisions have been withdrawn for lots 1000-22-3-19,-20,-21and -22. The application to subdivide parcel 1000-31-5-1.2 has not been actively pursued, but is still pending. Since the Positive Declaration was made in the context that any development occurring would have a significant effect on the environment, a DEIS must be prepared by the applicant before the issue of access can be settled. In the event the application for lot 1000-31-5-1.2 is w/thdrawn, the NFEC believes the application before you should still be considered a Type I action under SEQRA, since granting access over wetlands could, and most likely will, lead to the development of these parcels. Under section 617.11 titled CRITERIA FOR DETERMINING SIGNIFICANCE, paragraph (a) (4) states "the creation t?f a material conflict with a community's current plans or goals as q/ficialty approved or adopted" is an indicator of significant effects on the environment. Attached to this letter is a copy of a resolution passed by the Southold Town Board on February 3, t998 which created a Priority List A and recommended this list for the Suffolk County Land Acquisition Program. As you can see, the Gazza/Lettieri parcels are one of only three groups of properties on this list. The Town has also included these parcels in the Community Preservation Fund Project Plan and has been working with the State to obtain funds to preserve these critically a non-profit organization for the preservation of land, sea, air and qualltV of fife printed on 10o% recycled paper important parcels. We think this more than demonstrates the Town's officially adopted goal of preserving this properly. Paragraph (a)(5) of section 617.11 states that another indicator of sibmificance is "the impairment q/'the character or qualiO, (~/'importan! historical, arch~'o[ogica/, architectural, or ~wsthelic i'c'X~lil'c't!,~ ot' ~/'~'.vi,s'ling c'ommt~n~O' or nc'qqhhorho~d ch~tracter". The fac! Ihat Dam Pond is an important aesthetic resource to the community is quite evident. 'Fo determine if the Gazza/Letteiri parcels are an archeological resource, a DEIS must be completed.. Due to the limited staffin your office and the critical nature of this project, we encourage you to look into the possibility of hiring an independent environmental consultant to review this application. This is a practice often utilized by the Planning Board and we feet in this case this action would be appropriate. Thank you tbr your consideration. Sincerely, Gwynn Schroeder cc: Zoning Board of Appeals EI.,IT~BETIt A. NEVILLE TOWN C1,ERK Ri,XiI~TI,~AR OF VITAl, STATISTICS MARRIAGE OFFICER R}gCORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER. Town. Hall, 53095 Mai n I{oad P.(). Box 1179 Souihold, New York I1971 Fitx ($1i;) 765-1823 Telephone (516~ 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTI-IOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 3, 1998: RESOLVED that the Town Board of the Town of Southold hereby approves and recommends the following Town of Southold Priority Acquisition List A for participation in tl~e Suffolk County Land Acquisition Program: SCTM Ct Laurel Lake Parcels Acres ' Owner ~J. Macan iNOFO Assoc. !C. Young iS. Weisz 171 [M. Adamowicz Arshamonaque Wetlands Preservation Parcels 45-1-9 ' 123 iJ. Levin (E.L. JOANRAC Corp.} 44-4-5 137 I J, Levin (E.L. JOANRAC CoFo ) 53-1-1.1 120 ;Manor Grove 44-4-3.1 175 :O. Bloom Dam Pond Preservation Parcels 22-3-19 15 IJ. Gazza 22-3-20 15 : B. Lettieri 22-3-21 15 IJ. Gazza 122-3-22 15 ,J. Gazza Southold Town Clerk February u., 1998 Southold Town Planning Board ELIZABETH A. lqEVIT TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, ~ew York 11971 Fax (5167765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer). One copy will be returned to you in response to your request, or as an interim response. SECTION I, (Department or Officer, if known, that has the information you are requ~sting.) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information.) · Signature of Applicant. ~iling Address (if different from above):~ Telephone Numar: ~~ Date: [ ] APPROVED [ ] APPROVED WITH DELAY* [ ] DENIED* · If delayed or denied see reverse side for explanation. ' ' Date ~Y Jown Clerk ouinol( ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give Office (agency Freedom of Information Officer). One copy will be in response to your request, or as an interim response. to Town Clerk's returned to you SECTION I. TO: t ~%~ r (Department or Officer, if known, that has the information you are requesting.} ' RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, rite title, tax map number, and any other pertinent information.) Printed Name:~-- :(~ ~: ~i'~ ~/~T ~L,) ~r~ ~ 'i ~/,'~_~,~-~ Address: ~_~ C/~ ~ 0,~_~ ~ jL~/~' Mailing Address (if different from above): Telephone Number: ~ ~ ) Date: [ ] APPROVED [ ] APPROVED WITH DELAY.*. · Elizabeth A. Neville Freedom of Information Officer DENIED* * If delayed or denied see reverse side for explanation. Telephone (516) 765-1801 Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Conservation Advisory Council held Tuesday, January 19, 1999 the following recommendation was made: Moved by Scott Hilary, seconded by Richard Smith, tc~TABLE the Wetland Permit Application oflIERNICE LETTIERI, ANDREW LETTIERI AND JOE GAZZA 22-3-19,20,21 & 22 to improve an existing access road to 4 parcels. 5 Acre Parcel off Main Road, East Marion The application was Tabled based on the following: 1. The proposed road was not staked out. 2. It was unclear where the proposed road was in relation to existing dirt road and Wetland delineation line. Vote of Council: Ayes: All Motion Carried PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 Margaret Rutkowsld Seoretary December 21, 1998 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: 280 A - Bernice Lettieri, Andrew Lettieri and Joe Gazza Dear Chairman and Board members: Enclosed is a copy of the Southold Town Trustees wetland permit application for improvement to common access road. Also enclosed are three original, stamped, surveys showing the proposed common access to the parcels north of Dam Pond, and proposed road improvement. The owners do not intend to subdivide the five acre parcels. Also enclosed are copies of the deeds for the individual property owners and a copy of the recorded right-of-way giving all parcels north of dam pond a common easement. Very truly yours, Patricia C. Moore CC: Patricia C. Moore Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 M~g~etRu~owsld Secretary Mr. Albert J. Krupski Southold Town Trustees Town Hall P.O.Box 1179, Southold NY 11971 December 21, 1998 Re: 280A approval from ZBA Wetland permit for improvements to right of way Dear Mr. Krupski and members of the Southold Town Trustees: The owners of land along Dam Pond, Mr. Andrew Lettieri, Mrs. Bernice Lettieri and Mr. Joe Gazza have a common access to four parcels north of Dam Pond, each parcel is five acres in size and will not be subdivided. The existing access road to these parcels requires 280A approval because it is not a Town Road. The road must be improved but the improvements and materials placed on the road bed is up to the Zoning Board with the recommendations of the Town Trustees. Enclosed is a wetland permit for the road, the wetlands were flagged by the DEC in 1988. If you have any questions please do not hesitate to contact me. ~ truly yours, ) - 'lSatricia C. Moore Obhec I~IT" 6 TOPOGRAPHICAL SURVEY OF $ITUA TED A T EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-22-03-P/0 19 S.C. TAX No. 1000-31-05-P/0 1.2 SCALE 1"=20' FEBRUARY 11, 1999 1999 ADDED ROAD DETAIL & GUARD RAIL DETAIL APRIL 5, PROPERTY NO TE: ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~ EXISTING CONTOUR LINES ARE SHOWN THUS: SECTION A-A GUARD RAIL DETAIL II N.Y,S, LJc, No. 49668 Joseph A. Ingegno Land Surveyor PHONE (516)727-2D90 Fax (516)722-5093 99-145~: ~£T ~ELL NO. '~ (SOPHS No. 8~B'/) SAMPLED DECEr~ER S, I~g~ : :'~ TEST ~ELL ~o.~ ~ p~F"TH ~S FEET / C~ING SI7~2" DR~LLER - gREIC-~R. (NOTE: AT 44FEET ea/ICT~ PULLED gACW TO 29 FEET) C~P?H ~ 4 FEET LZ \0oO %0 TEST ~IELL rl~. 4' ~l~taIG~a- ~0 ~Ea 13, I~ ~ ~ FEET-CL~tOE COU~ ~y ~lGfl ~[LED 8~ TO ZI FEET-CL~IDE LEU~ ~ILL UP~CEPT~E ~L~aL. I ry DEI~TI4 ~o FEET OgPTH TO ~TEI[ ej FEET C~ ILLER . SECT ION THROUGH DR I VE~AY ~Ct,q~-Io00 O~l .00 05.00 OOl .OOZ(l~.)7~eR*$~ II C~I~V': Andrev~ Laf'cieri by Deed L~?~ p,ol ~.~}~/~'~.~/14/~ O~nev:~oseph Frederic~6aaz& by Deed t. 5cY~ kooo ozz.oo o3,oo OZO.OOO(4,~c) Ow~e~: Bernice Le~[ie~i by Peek b.~l ti ~CTH~ [0~00ZZ.O0 ~ 1000 OZ2.00 03.00 OZZ.OOO{&.t8 M TEsT HoLe 00.3 'l DEC 2 I (gg6 OF $OUTHi Od:oberl8, 1998 J