HomeMy WebLinkAboutTR-5983 • i
James E King, President ~~F SO(/~y Town Hall
Jill M. Doherty, Vice-President ~0~ Ol0 53095 Route 25
Peggy A. Dickerson yy P.O. Box 1179
T Southold, New York 11971-0959
Dave Bergen G Q
Bob Ghosio, Jr. ~ ~ ~O Telephone (631) 765-1892
Fax (631)765-6641
~'~OOUNN
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
July 24, 2007
Mr. Michael Liegey
P.O. Box 1046
Southold, NY 11971
RE: 480 ACKERLY POND LANE, SOUTHOLD
SCTM#69-3-13
Dear Mr. Liegey:
The following action was taken by the Southold Town Board of Trustees at their Regular
Meeting held on Tues., July 24, 2007:
RESOLVED that the Southold Town Board of Trustees grants the last One-Year
Extension to Permit #5983, as issued on August 18, 2004.
This is not an approval from any other agency.
If you have any questions, please do not hesitate to contact this office.
Sincerely,
t~~
Jam .King f/'"
President, Board of Trustees
JFK:Ims
James F. King, President ~~OF SUUryo Town Hall
Jill M. Doherty, Vice-President l~ 53095 Route 25
Peggy A. Dickerson l~( ~ P.O. Box 1179
Southold, New York 11971-0959
Dave Bergen G C
John Holzapfel !i0 ~ Telephone (631) 765-1892
li~C~U1111 Fax (631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
August 23, 2006
Mr. Michael Liegey
P.O. Box 1046
Southold, NY 11971
RE: 480 ACKERLY POND LANE, SOUTHOLD
SCTM#69-3-13
Dear Mr. Liegey:
The following action was taken by the Southold Town Board of Trustees at their Regular
Meeting held on Wednesday, August 23, 2006:
RESOLVED that the Southold Town Board of Trustees grants aOne-Year Extension to
Permit #5983, as issued on August 18, 2004.
This is not an approval from any other agency.
If you have any questions, please do not hesitate to contact this office.
Sincerely,
Ja s F. King s~
President, Board of Trustees
JFK:Ims
Gary Laube
310 Ackerly Pond Lane
Southold NY, 11971 September 1, 2005
Re: Property adjacent to The Town Doctor's House • ~ ~ D
Southold Town
To the Board of Southold Town Trustees, Board of trustees
Attached are letters from the Department of Environmental Conservation and New York
State office of Parks, Recreation and Historic Preservation.
I am forwarding this information to you so that in the future you will have a better
understanding of how significant our wetlands really are. We are not here to only protect
the wetlands for environmental reasons but to also protect them from loss of important
archeology and historic values. Once a property has been disturbed from any sort of
building the history of that area is gone forever. The history of Southold does not just
start from ca1640 but to prehistoric times.
With the time that I have painstakingly pursued the archeology on my property it has
hopefully stopped the destruction of the property directly adjacent to my house,( The
Town Doctor's House).
We have a very historic area lefr in tact on Ackerly Pond Lane and the State recognizes
this and is pursuing with my help to put it on the Historic District.
Why I am giving you this informational packet is to hopefully let you understand how
important it is not to be so eager to give out building permits on these wetland properties.
I believe before permits should be given out arty further, there should be some kind of
study first, (example 1 s` stage azcheological survey) to find out the significance and
research the history of the area. If I may be permitted to say, one person on the boazd
should have this knowledge and Team about the Historic preservation law that you may
be able to use for further evaluations on properties.
Our Town has many historic values to it and it is very easy to let it go to the wayside.
With a lot more education and knowledge I believe we can help save our town.
Thank you for taking the time for listening.
Sincere
Gary aube
New York Stets O}tlce of Psrka, Recreation and Htatorlc Preservation
~ d Historic Preservation Field Services Bureau
IS aEwrdlltsrn ~ Peebles Island, PO Box 189, Watertord, New York 12186.0189 518-237.8843
esmaaexe Caatro
Comndtslpmr ~~pq, }p+u
JUL 2 91j)Q5
July REG10REq,, i3fR~CTOR
p ~i!dN,
Luc i '
G e Consultants, Inc.
40 6cchange Place, 13"' Floor
New York, NY 10005
Re: UEC
New Residential ConstructionBilberry Swamp
Ackerly Pohd Road and SR 25
Southhold, Suffolk NY
O5PR03458
Dear Mr. L'itwinionek,
Thank you for requesting the comments of the New York State Office of Parks, Recreation and . -
Historic Preservation regarding the new residential construction project in Southhold, NY. We
received the information about the project on July 7, 2005 and reviewed d under Section 14.09 of
the Parks, Recreation and Historic Preservation Law of 1980 and the relevant implementing
regulations.
vrginia Bartos of our National Register unit has reviewed the project and has determined that the
project is located adjacent to the National Register listed Town Doctor's House and in a potential
historic district. If you have any questions about the National Register, please contact Ms. Bartos
at 518-237-8643, ext: 3256.
Douglas Mackey of our archeology unit has reviewed the project. Because the project is located
directly adjacent to a National Register listed house and site he recommends avoidance of the
area adjacent to the Town Doctors House: I have enclosed a copy of his comments for your
review and use. If you have any questions regarding the archeology component of this project,
please contact Mr. Mackey at 518-237-8643, eM. 3291.
Because the project is located adjacent to a National Register listed building and in an ideht'rfied
potential historic district, we will need to review the project for its potential impact on the building.
We offer the following comments:
1. W e recommend that you follow the enclosed guidelines for new construction.
2. Please send us the following items.
a. An existing conditions site plan to serve as a photo key
b. Existing conditions photographs
c. A proposed site plan
d. Proposed elevation drawings
An Equal OpportunirylAtfirmative Action Agency
a Prinlstl on rwyplse paper
Please use the PR number of top of this letter when you refer to this project in future. If you or
anyone involved with the project has any questions, please contact me at 518-237-8643, ext.
3252.
Sincerely,
' y~=~L
Sloane Bullough
Historic Sites Restoration Coordinator
Encl ures
VCc: Peter A. Scully, DEC Region 1
Paula Crowley, Greenhouse Consultants, Ina
New York State Office of Parks, Recreation and Historic Preservation
Historic. Preservation Field Services Bureau
rtwrowrsr~ ~ Peebles Island, PO Box 189, Watertord, New York 12188-0189 518-237-8643
BemaEStle Castro
Cw~mbsiorxi
New York State Office of Parks Recreation 8 Historic Preservation
New York State Historic Preservation Office
Guide to New Construction
1. New additions to an historic property can include new construction physically attached to an
historic n;source-such as appendage to a building-or may be a separate new piece of
construction having nearby historic counterparts, such as a new building, bridge, road or path
adjacent to a similar historic resource. They may also include new installations that are
completely contemporary in nature, such as utility towers and service, parking facilities, play
equipment, street lighting or signage systems.
2. Ahy new addition should be located in a manner that allows historic features to remain the
primary visual and physical components of the historic property. Considerations include
characteristics such as density, orientation, scale and form of features both within the historic
properly and its setting.
3. Attached additions, such as a building appendage, should be somewhat smaller in scale although .
similar in overall form to the historic feature. Separate new construction, such as a new building
along an historic street or a new path within an historic park, should be of the same general scale
or s¢e as adjacent historic counterparts. Considerations include overall dimensions, as welLals. _
size of significant features-such as roof slopes and overall height, or road width and general'
alignment. A general rule of thumb is that the new construction falls within 10% of the scale of
historic equivalents.
4. Additions to historic properties should reflect the shape or form of similar adjacent historic
counterparts. When shape is determined by strict geometric arrangements-for example, the
combination of rectilinear components to form buildings or the 90-degree grid of streets and
blocks that delineate a village or neighborhood, these same forms should be reflected in
contemporary additions. If historic forms are more organic or free flawing, as might be the case
in the arrangement of structures on a farmstead or in the overall layout of a trail system, such
fortes should guide the design of new construction.
5. New constnrction should be comprised of individual features comparable, but not identical, io
those of similar historic properties. For example in an historic district characterized by dwellings
having front porches, paired windows and dormers, new buildings should include these same
features. The addition of contemporary new construction having no historic precedent-such as
surface parking lots, accessibility ramps or security fencing-should be detailed in a manner that
avoids false historicism, and instead consists of features typical of present-day stylistic trends.
6. Materials used in new construction should be compatible with those of co?responding historic
properties and their features. Additions having historic counterparts should reflect the overall
pattern, texture and color of materials found at the historic property; for example, a new
outbuilding should complement an historic main building in application of roof, cladding and
foundation materials. Contemporary new additions, such as retaining walls or cross-walks,
should use materials that complement those of an historic property without conveying a false
historic image.
An Equal Opportunity/Affirmative Action Agency
N prinletl on recyGletl paper
Archaeology comments for OSpr3458 -DEC - Ackerly Pond Road -Southold -
The Town Doctor's House property, which the report identifies as directly
adjacent to the east of the project pazcel, passed the State Review Board for Historic
Preservation as a National Register nomination in October 2004 and has been listed on
the National Register of Historic Places since January 2005. This listing not only
includes the building but also archaeological deposits associated with both the colonial
and prehistoric periods. The prehistoric archaeological deposits, identified as the
Bilberry Swamp site (A10310.001323). The National Register nomination form
identifies this site as a Late Archaic camp dating to approximately 2200-1500 B.C.
(Sylvan Side Notched points) where activities may have revolved around the collection of
swamp resources. These details about this property were not identified by the report and
are important considerations.
Despite this omission, the archaeological testing conducted met the minimal
standards utilized in New York and did not identify any significant deposits over the
majority of the project. The only area that appeazs to have produced 18`~ century material
is the Excavation Unit in the southeast comer of the parcel. Testing in this area produced
a number of items -including several peazlware and manganese glazed redwaze ceramic
fragments, as well as greenish tinted window glass, that likely date to the 18`~ century.
This portion of the property is also the closest portion to the NR listed structure and
archaeological site at the Town Doctor's House. Therefore OPRHP would recommend
additional testing to further evaluate the potential that 18`° century deposits are located in
this comer of the property, or that the project be redesigned to develop a buffer area
between this area and any possible ground disturbing activity. It appears that the current
plan calls for the proposed structure to be located approximately 20 feet from the
property line in this area, however, we would recommend a buffer of at least 25 feet in
this area that may contain archaeological deposits and an addition 5-10 feet of "No Work
Zone". With these considerations, the proposed structure should be no closer than 40 feet
to the property line.
If these suggested modifications are made OPHRP would have no further
archaeological concerns for the tested portion of the property. We would note however
that northern portion of the property noted as "Non Disturbance Buffer" has not been
adequately tested and should be considered highly sensitive fur Native American
deposits. Should any future work be planned in this area, there should be additional
archaeological studies.
• New York State Department of Environmental Conservation -
Division of Environmental Permits, Region One
Building 40 - SUNY, Stony Brook, New York 11790-2356
Phone: (631)444-0365 FAX:(631)444-0360
Website: www.dec.state.ny.us _
Denise M. Sheehan
Acting Commissioner
NOTICE OF INCOMPLETE APPLICATION
Pa ~ August 19, 2005
t e
5 ain Street
uthold, NY 11971
Re: Application#1-4738-03392/00001
Liegey Property, Ackerly Pond Road, Southold
Deaz Ms. Moore:
The Department of Environmental Conservation (DEC) received comments from the New York
State Office of Parks, Recreation and Historic Preservation (OPRHP) regarding your client's
application for a Freshwater Wetlands permit to construct a dwelling, driveway and septic
system, and we fmd the application incomplete for the following items.
1) You must submit a letter from OPRHP certifying that your client's project complies with the
State Historic Preservation Act or a statement from OPRHP that all concerns have been
adequately addressed.
2) The freshwater wetland boundary has been delineated at the site. Your client must submit
five copies of a survey depicting the freshwater wetlands boundary and the limits of clearing,
grading and ground disturbance (LCGD) line. It appears that the LCGD line will be equal to the
proposed hay bale line, however, the plans must clearly show the a line labeled "limits of
clearing, grading and ground disturbance" verbatim.
This application will remain incomplete until all the above items are submitted and or adequately
addressed.
Despite the above deficiencies with the application, our staff have preliminarily reviewed your
client's proposal and we have the following comments.
We fmd that septic systems can have an adverse impact to freshwater wetlands by introducing
nitrates, phosphates, waste products and other contaminants to the wetland. Therefore, the
proposed septic system must be relocated to the southeast so that all leaching rings aze a
minimum of 100' feet from the freshwater wetland boundary in order to avoid objections from
this Department.
The project plans must show a permanent fence along the proposed buffer azea to prevent
inadvertent intrusion into the wetland and or its protected buffer area by construction vehicles
and to prevent future clearing of this area.
Please do not hesitate to call me at (631)444-0374 if you have any questions.
Sincerely,
~~ti
Mark Carraza
Deputy Permit Administrator
cc: Michael Liegey
File
.
• • t
~gUfFO(,~c
Albert J. Krupski, President ~V OG Town Hall
James King, Vice-President 'f~ 63095 Route 25
Artie Foster ~ P.O. Box 1179
Z Southold, New York 11971-0959
Ken Poliwoda ~v of
Peggry A. Dickerson Gy ~ O!'~ Telephone (631) 765-1892
`~a Fax (631) 765-1366
BOARD OF TOWN TRUSTEES
February 8, 2005 TOWN OF SOUTHOLD
Mr. Michael Liejey
P.O. Box 473
Southold, Y 11971
Dear Mr. Liejey:
Enclosed is a copy of the permit that was approved by the Trustees for 480 Ackerly Pond
Lane in August 2004. You may have received one without the back page.
Please call this office if you have any questions.
Sincerely,
Heather Tetrault
Environmental Techn'~ian
o~$ul:FOt,~~o
ELs1+ETH A. NEVII.LE ~ Town Hall, 63096 Main Road
TOWN CLERK P.O. Boa 1179
: Southold, New York 11971
REGIS'PItAR OF VITAL STATISTiC9 ~ • ~ Faa (831) 766.8146
MARRIAOE OFFICER Telephone (831) 766-1800
RECORDS MANAGEMENT OFFICER Ol ~
FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net
OFFICE OF THE TOWN CLE1EtH
' TOWN OF SOUTHOLD
APPLICATION F'OR PUBLIC ACCESS TO R€CORDS
INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's
f ice agency Freedom of Information Officer). One copy will be returned to you
in response to your request, or as an interim response.
SECTION 1.
TO: TRUSTEES
(Department or Officer, if known, that has the information you are req ,sting.
RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply
date, file title, tax map//1n/~u,`m/ber, and any other pertin/ent /information. )
~jC d ~ L' / '~-KA! ~ _ LI [ ~'Q ~ G?' (_Ori?`PS.~f7t ?fls'?~C.O
/DOO- U6R- oa - U3 - ~ 0/~
Signature of Applicant:
Pr(hted Name: Vi~Cz
Address: ~~G S dd>j.~e~~,~ ~1.f? /ou~~~~
Mailing Address (if different from above) : '
Telephone Number: ~dZ(~ _Date: /x/30 dy
C 1 APPROVED
[ 1 APPROVED WI~T~H,~//D~E,LAY* [ ] DENIED* RECEIVED
Elizabeth A. Neville
Freedom of Information Officer
Southold Town Clerk
* If rehyed er olenied see_ reverse side far sr*lu+atisn.
Albert J. Krupski, President Town Hall
James King, Vice-President . ~gUFFO(~-c ~ 53095 Route 25
Artie Foster ,r~ P.O. Box 1179
Ken Poliwoda ~ ~ Southold, New York 11971-0959
Peggy A. Dickerson N
Telephone (631) 765-1892
y ~ Fax (631) 765-1366
~yol ~ Sao
BOARD OF TOWN TRUSTEES
TOWN OF SOUT~IOLD
YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES
72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN
APPOINTMENT FOR APRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO
SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE
PERMIT.
INSPECTION SCHEDULE
Pre-construction, hay bale line
15~ day of construction
constructed
~ Project complete, compliance inspection.
'bM1 '
i
Board Of Southold -Town Trustees
SOUTHOLD, NEW YORK
-
Au ust 18,2004 `
PERMIT NO... V..../.Q.3.... DATE:........._g._ r~
`s
ISSUED TO .....MICHAEL... LIEJEY
.~litl~it~`t~Mftillt
C
Pursuant to the provisions of Chapter 615 of the Lews of
the State of New York, 1893; end Chapter 404 of the Laws of the
State of New York 1952; and the Southold Town Ordinance en-
titled ."REGULATING AND THE PLACING OF OBSTRUCTLONS ,
IN AND ON TOWN WATERS ANO PUBLIC LANDS and the
REMOVAL OF SAND, GRAYEL OR OTHER MATERIALS.F$OM
LANDS .UNDER TOWN WATERS; and in accordance with the
Resolution of The Board adopted et a meeting hell! on .Augu.si...1.8
2004_ ~ end in consideration of the sum of 5.....~S.Q....O.Q..... paid by
...........M~ha,el..Lie}e..y..........._
of ........Southold. N. Y. end. subject to the
Terms end Conditions listed on the reverse side hereof,
of Southold Town Trustees authorizes end permih the following:
Wetland Permit to construct asingle-family dwelling with garage and sanitary system,
with gutters and drywalls on the house and garage to contain roof runoff, a 50' non-
disturbance buffer from the wetlands, a hay bale line placed along the 50' line, and all
as depicted on the plan prepared by John Metzger last dated August 12, 2004. _
a6 in accordance wtfh the detailed specifications as presented in
.the originating application.
x
IN WITNESS WHEREOF, The said Board of Trustees fare-
by ceases its Corporate Seal to be affixed, and these present: to
be wkiseribed by a majority of the said Board .as of this data.
O ~
. ~ - ' Tra#eet
.
TERMS end CONWTIONS
~ paw Michael Lie~ey .
u Southold _ _ N. Y u
Y
p.rr of the eoatidetadoa foe the hsuance of the Permit does aadasamd and ptesorlbe to the fol-
ia,vinga
1. That the aid Berard of Ttustas and the Toam of Southold ate rrlnued from any and
all damages, ac tiaiats fix damages, of alts arising. direcdj a iadireafy as a tssult of any oper-
ation perfoamed pmwaaote "ibis permit, and the aid Permitoee wall, u hb oc bet own e:peme,
defend say sad au such mits'Ioidated by thhd ~atda, sad the aid Pemsitoee atsama tall 1Lbility
with «apat thetetq tm •thenoompkte esxbnion of the Bard of Tsnsotxt ~ the Toga of Soatbold _ _
2 That rids Eksmic h valM foe period of 24 ~ moo. ~rhidt is etabsidaed m be tlse
estianted time cequieed m complete the wodc iavohed, bat ahead drtamst.ates warrant, cegnex
for an ernasioa sway be made to the Board at a latRr date.
3. Tint this Permit should 6e ceiained indefinitely, or as long as the said Petoslaee wlshea
m maintain the eaucaue or project lavolred, to proide evidence tb anyone eoaoeraed thu aath-
osizadoa was odgimlly abtaioe4 •
4. That the wodc iavalved will 6e sabjea co the impxtton and approval of <be Board a
It: ageam, and aoncompliaaae with the prmisioas aE the otigimtiog applicatioq may 6e nose fa
tevoation of this Permit by raolatloa of the aId Board.
S. Thu there wlll 6e m umeuaaable InterEetenoe with mvigatbn <s a resah of the wrodc
6etda tu<SorFaed.
6. That there than be no iaoeefereooe wide the tlgbc of the pa61k m patt sad tepw along
the beach between aigb .ed law wooer m.da.
7. Thu IE future apetatkos of the Town of Sonthpld teQaiee thn aemoval aod/oe alatadam
is the loadoa of the wvdc heteln aathtxiaed, or IE, h doe opinion of die Baud of Tmtoees, doe .
wtxk-shall erase mrasoaable obshamon to free mvigatian, the aid Petmitm will 6e tagairod,
open due nodor, ro remove or alter this wade oc project herds uated whhau espemes to the T'own'
• of Sotulwld
& Thu the aid Berra wlll 6e unrifled by the Pumiaee a the completlm..of rise wade andr
txbxd.
9. Tbat the 'Petmittee will a6tala all other peewits and romeata thu may 6e regahod m!''
plemmtat ro this permit whidt spay be tsd~jat to tevoloe neon faBtme to obtain lama
• ~gpFFO(,~~, •
Albert J. Krupski, President 0 Town Hall
James King, Vice-President G~~ 53095 Route 25
Artie Foster H - P.O. Box 1179
Ken Poliwoda ~ • ~ Southold, New York 11971-0959
Peggy A. Dickerson y~o a0~ Telephone (631) 765-1892
~ Fax (631) 765-1366
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
August 18, 2004
Patricia C. Moore
51020 Main Road
Southold, N.Y. 11971
RE: 480 ACKERLY POND LANE, SOUTHOLD
SCTM# 69-3-13
Dear Ms. Moore:
The Board of Town Trustees took the following action during its regular meeting held on
Wednesday August 18, 2004 regarding the above matter:
WHEREAS, Patricia Moore on behalf of MICHAEL LIEJEY applied to the Southold
Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town
Code, the Wetland Ordinance of the Town of Southold, application dated April 28, 2004,
and,
WHEREAS, said application was referred to the Southold Town Conservation Advisory
Council for their findings and recommendations, and,
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said
application on August 18, 2004, at which time all interested persons were given an
opportunity to be heard, and,
WHEREAS, the Board members have personally viewed and are familiar with the
premises in question and the surrounding area, and,
WHEREAS, the Board has considered all the testimony and documentation submitted
concerning this application, and,
WHEREAS, the structure complies with the standards set forth in Chapter 97 of the
Southold Town Code,
2 ~ .
WHEREAS, the Board has determined that the project as proposed will not affect the
health, safety and general welfare of the people of the town,
NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the
application of MICHAEL LIEJEY to construct asingle-family dwelling with garage and
sanitary system, with gutters and dryyvells o1lrtTie house and garage to contain roof
runoff, a 50' non-disturbance buffer fromthe wetlands, a hay bale line placed along the
50' line, and all as depicted on the plan prepared by John Metzger last dated August 12,
2004.
Permit to construct and complete project will expire two years from the date the permit
is signed. Fees must be paid, if applicable, and permit issued within six months of the
date of this notification.
Inspections are required at a fee of $50.00 per inspection. (See attached schedule.)
Fees: $100.00
Very truly yours,
Albert J. Krupski, Jr.
President, Board of Trustees
AJK/hct
Albert J. Krupski, President O~~SUFI'~(~CO Town Hall
James King, Vice-President ='i` G.y~ 53095 Route 25
Artie Foster C P.0. Box 1179
Ken Poliwoda W ~ Southold, New York 11971-0969
Peggy A. Dickerson ~,y ~ O`er Telephone (631) 765-1892
~a Fax (6311 765-1366
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
TO: _`~f`Yl-LC I1QLIJ ~CQO~<<
Please be advised that your application dated ~a S has been
reviewed by this Board at the regular meeting of and the
following action was taken:
Application Approved (see below)
Application Denied (see below)
Application Tabled (see below)
If your application is approved as noted above, a permit fee is now due. Make check or
money order payable to the Southold Town Trustees. The fee is computed below
according to the schedule of rates as set forth in the instruction sheet.
The following fee must be paid within 90 days or re-application fees will be necessary.
COMPUTATION OF PERMIT FEES:
TOTAL FEES DUE: $ /D~. dy
SIGNED: ~ S
PRESIDENT, BOARD OF TRUSTEES
MICHAEL LIEGEY
PO BOX 473
SOUTHOLD, NY 11971
May 25, 2004
Town of Southold
PO Box 1179
Southold, NY 11971
Re: Postponement of Trustees
Meeting 5/26/04
To Whom It May Concern:
Please accept this letter as a request to have my 5/26/04 hearing postponed. I would like
another hearing to be scheduled in June. Please advise me as to the next available date in
June for a hearing.
Sincerely,
i
Michael Liegey
p~~~~d~
D
spy 2 6 2004
so~tdold Tows
Bp81d Ot TNStEM
~gUFFO~,~~,
~O oGy~
Telephone p Town Hall
(631) 765-1892 W ~ 53095 Route 25
P.O. Box 1179
O
'y • fit' Southold, New York 11971-0959
col ~a
CONSERVATION ADVISORY COUNCIL
TOWN OF SOUTHOLD
At the meeting of the Southold Town Conservation Advisory Council held Tuesday, May
11, 2004, the following recommendation was made:
Moved by Don Wilder, seconded by Doris McGreevy, it was
RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH
A CONDITION of the Wetland Permit application of MICHAEL LIEGEY, AS
CONTRACT VENDEE to construct asingle-family dwelling with garage and sanitary
system.
Located: 480 Ackerly Pond Lane, Southold. SCTM#69-3-13
The CAC recommends Approval of the application with the Condition the large trees are
protected and a 10' non-disturbance buffer landward of the bank.
Vote of Council: Ayes: All
Motion Carried
• o~SOFFO(,rco
ELIZABETH A. NEVILLE h~ ~ Town Hall, 53095 Main Road
TOWN CLERK ~ ~ P.O. Box 1179
REGISTRAR OF VITAL STATISTICS ~ ~ Southold, New York 11971
MARRIAGE OFFICER ,,ff.. ~ ~ Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER y"7~1 ~ ~a~ Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Board of Trustees
FROM: Elizabeth A. Neville, Southold Town Clerk
DATE: May 26, 2004
RE: Foil Request of Gary Laube
Transmitted herewith is a FOIL request of Gary Laube. Please respond to this
office within five (5) business days.
Thank you.
• ~gpFFO(~~,o •
~O
ELIZABETH A. NEVILLE o Town Hall, b3096 Main Road
TOWN CLERK P.O. Box 1179
= Southold, New York 11971
REGISTRAR OF VITAL STATISTICS ~ ~
MARRIAGE OFFICER ~ ~ Fax (631) 766-6145
RECORDS MANAGEMENT OFFICER y~4.( .rL `~a~~ southo
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FREEDOM OF INFORMATION OFFICER T
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 . ' ~ c
(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 any_ other pertinent information.)
~Q~-~
Signature of Applicant:
Prilated Name: r~
Address • 3 l7 D
Mailing Address (if different f//rom ove):
Telephone Number: ~ b / ~S Date: - of -p~
[ ] APPROVED
I 1 APPROVED
WjI'T~~H,,~D~E~LAY* [ ] DENIED* RECEIVED
Elizabeth A. Neville a
Freedom of Information Officer
Southold Town Clerk
* If delayed or denied see reverse side for explanation.
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App 2-11 SEQItA REOUr,nTroNS Appendix 2
including any site on the Register of National Natural Landmarks pursuant
22 22 to 36 CFR Part 62, 1994 (see section 617.17 of this Part); or
D ~ ~ LS ~ ~ 6 (11) any Unlisted action that exceeds a Type [threshold established by an
D involved agency pursuant to section 617.14 of this Part.
JUL 2 1 2004 617.5 TYPE II ACTIONS.
Southold Town (a) Actions or classes of actions identified in subdivision (c) of this section
Board st Trustees are not subject to review under this Part. These actions have been determined
not to have a significant impact on the environment or are otherwise precluded
from environmental review under Environmental Conservation Law, article 8.
The actions identified in subdivision (c) of this section apply to all agencies.
(b) Each agency may adopt its own list of Type II actions to supplement the
actions in subdivision (c) of this section. No agency is bound by an action on
another agency's Type II list. An agency that identifies an action as not requiring
any determination or procedure under this Part is not an involved agency. Each
of the actions on an agency Type II list must:
(l) in no case, have a significant adverse impact on the environment based
on the criteria contained in subdivision 517.7(c) of this Part; and
(2) not be a Type [action as defined in section 617.4 of this Part.
(c) The following actions are not subject to review under this Part:
(1) maintenance or repair involving no substantial changes in an existing
structure or facility;
(2) replacement, rehabilitation or reconstruction of a structure or facility,
in kind, on the same site, including upgrading buildings to meet building or
fire codes, unless such action meets or exceeds any of the thresholds in section
617.4 of this Part;
(3) agricultural farm management practices, including construction, mainte-
nance and repair of farm buildings and structures, and land use changes
consistent with generally accepted principles of farming;
(4) repaving of existing highways not involving the addition of new travel
lanes;
(S) street openings and right~f--way openings for the purpose of repair or
maintenance of existing utility facilities;
(6) maintenance of existing landscaping or natural growth;
(7) construction or expansion of a primary or accessory/appurtenant,
non-residential structure or facility involving less than 4,000 square feet of
gross floor area and not involving a change in zoning or a use vaziance and
consistent with local land use controls, but not radio communication or
microwave transmission facilities;
(Manhew RerWCr h Co.. Intl (Rd.68/96 Pub.]JG)
Appendix 2 ENVIRONMENTAL IMPACT REVIEW App 2-12
(g) routine activities of educational institutions, including expansion of
existing facilities by less than 10,000 squaze feet of gross floor azea and school
closings, but not changes in use related to such closings;
(9) construction or expansion of asingle-family, atwo-family or a
three-family residence on an approved lot including provision of necessary
utility connections as provided in paragraph (L 1 j and the installation, mainte-
nance and/or upgrade of a drinking water well and a septic system;
(l0) construction, expansion or placement of minor accessory/appurtenant
residential structures, including garages, carports, patios, decks, swimming
pools, tennis courts, satellite dishes, fences, barns, storage sheds or other
buildings not changing land use or density;
(11) extension of utility distribution facilities, including gas, electric,
telephone, cable, water and sewer connections to render service in approved
subdivisions or in connection with any action on this list;
(12) granting of individual setback and lot line vaziances;
(13) granting of an area variance(s) for asingle-family, two-family or
threesfamily residence;
(l4) public or private best forest management (silvicultural) practices on
less than 10 acres of land, but not including waste disposal, land clearing not
directly related to forest management, clear-cutting or the application of
herbicides or pesticides;
(IS) minor temporary uses of land having negligible or no permanent impact
on the environment;
(16) installation of traffic control devices on existing streets, roads and
highways;
(17) mapping of existing roads, streets, highways, natural resources, land
uses and ownership patterns;
(18) information collection including basic data collection and research,
water quality and pollution studies, traffic counts, engineering studies, surveys,
subsurface investigations and soils studies that do not commit the agency to
undertake, fund or approve any Type I or Unlisted action;
(l9) official acts of a ministerial nature involving no exercise of discretion,
including building permits and historic preservation permits where issuance
is predicated solely on [he applicant's compliance or noncompliance with the
relevant local building or preservation code(s);
(20) routine or continuing agency administration and management, not
including new programs or major reordering of priorities that may affect the
environment;
(2l) conducting concurrent environmental, engineering, economic, feasibil-
ity and other studies and preliminary planning and budgetary processes
(MarM1ew BerNer & Co.. Inc.) IReL68N6 Pub )a4)
e raow Tort sew omo. of t4rlao, rtrrmrrtuon rard tMrtorlo
e tNatonc Prs~srvation Flew eiarMCSS Bureau
6~.~~..>< a..nr.sumrnd.r~o i~tae-mee see-z+~-ae.s
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sure z s zoo4
June 24,1004
~Y Southold Town
310 Adcerty Pond La Board of Trustees
SoeAlrold, NY 11971
Der Mr. ldube,
Re: Irrformaeon RegtKSt
~ Pb6enffal
Jodrey CrexJyAdaaly Pond (Bowery) Lane Area
Town of Soutltold. SuflbNc Caxtty, NY
Thank you for requestlng the comments of the Oebe of parks, Reoreatlotl and Hlstork
Pneservetton (gPWiP) wMh regm^d to ttte Potential for ttds area >D cortG.drt sigrNlkartt
historical/gileual renounces. OPRHP has reaelved the material subm~ded by L)sa CordarY-
Sbeverrsor? regerrdNrg the ardraeobgkal sroe kferrtlfled an your prope'ly. This sNe has been
identlfied ~ the Bilbtrry Swamp Ste and assigned bo the New York State Md>aeological Site
y 86 rNrmber A30330.001323. eased On the klfortnatlon submitted, R appears that the
deposits meet the criteria >b be considered eligible for the Natlortaf of filstoric Plaoes
(NRH~. At this fhrre fhe SMe Is entered into our irnrnttxy as an eMgiWe property. If you would
Nke to pursue having the site Lnbad on the NRMP, please contact me and I wMl help to irtitlate the
P~•
In additlon In the site on your property, the badagrotald Mrfnrnragon provided by you aril
Ms. Candarrl-Stevenson dearly st9ge5t that this property was part of an early aarwrasMty in
Southold, and as such, there is a very high po6errbrdt that other fmportarrt ard~aeologkal sites are
located in the vidNty. Therefore, OPRHP would recorrwrrexrd tfrat ardlaetobgiral lrvon be
rrrdertaloen prior to arty ground disdrrblg adhitles ar development of paroe9s in the vtdrrity.
~ P?olects with state artd/ar federal involverrKnt (i.e. permgs, Moues, fording,
approval) be proposed far the vidrdly, our oRioe vraAd nooornrr~end ardraeological survey Ix
rxrdertaldng. AddieorraNy, should arty brzi agendas oorrtad our olPioe in aaaondanae wRh SEQRA
revkw, we would also neoontrnend that ardraeologigl survey dte wrde~thken.
Please aorrtaU me K you Leave cry further quastiores. I can be reacfred ~ exbenston
3291, a by e-mail at datglas.madcey~oprtrp.sfate.ry.us.
m
Histiprk Rexnratlon Program Artalyst
+~9Y
Historic Preservation Office Disclaimer Page 1 of 2
The New York State Historic Preservation Office (SHPO) is a bureau of the New York
State Office of Parks, Recreation and Historic Preservation. The SHPO houses and maintains
a broad range of information relating to historic properties in New York State including
historic buildings, structures, sites, districts, and objects. The SHPO includes in its mission a
responsibility to provide this information to municipalities, state and federal agencies, and the
general public for the purposes of planning and research.
Two categories of information are available from the SHPO via the Internet in Geographic
Information Systems (GIS) format. These include l) locational information on State and
National Registers of Historic Places in New York State, and 2) Archeological Sensitivity
Zones for New York State. Both of these GIS resources are based on current records.
databases, and file information retained at the New York State Historic Preservation Oft'ice.
The State and National Registers of Historic Places GIS Database 1
'Che New York State and National Registers of Historic Places are the official lists of ~
properties significant in the history, architecture and archeology of the state and the nation. ~
The database includes generalized boundary information for nearly 4500 individual properties 8 2
and historic districts in New York State. Please note that Archeological Sites listed in the
Registers are protected under state and federal law and as such aze not depicted on this site.
A
This site is updated on a quarterly basis, as such the information depicted may not include the
most curcent information regarding properties presently in the process of being nominated to
the registers.
For legal purposes, the precise locations and boundaries are defined in the National Register
of Historic Places Nomination documentation on fife at the SHPO or with the National
Register of Historic Places office within the National Park Service, Washington, D. C.
Archeological Sensitivity G[S Database
The Archeological Sensitivity Maps for New York State define areas within the state where
the discovery of archeological sites is predicted. These areas also contain the locations of all
known sites that are included in the SHPO Archeological Site tiles and the New York State
Museum Archeological Site files. The exact locations are not displayed on this site since they
are protected from disclosure by Section 304 (16 USC 4702-3) of the National Historic
Preservation Act of 1966 and Section 427.8 of the implementing regulations for the Slate
Historic Preservation .4ct of 1980. This information can only be accessed at the SHPO in
accordance with the SHPO's Policy on Access to Files, Data, and Information.
The site information depicted in this overlay reflects known sites protected by randomly
placed buffer zones. These defined sites with their buffer zones are used by the SHPO to
provide recommendations to state and federal agencies regarding the need for archeological
surveys. This site is updated on a regular basis as a result the maps displayed may not be up
to date and should only be used as a reference tool. The depictions displayed on this site
supercede all earlier versions of the Archeological Sensitivity Maps for New York State.
The Appropriate use of SHPO GIS Database in Environmental Review
The information contained in the National Register and Archeological Sensitivity web pages
can be useful to state and federal agencies, municipalities, planning and engineering firms in
the early planning stages of a project. The general information contained in the State and
National Registers of Historic Places web page can provide an early indication of the
presence or absence of Listed historic properties in or near a project area. The likely need for
an archeological survey of a project area cart be ascertained by determining if [he project is
http ://www. nysparks.state.ny. us/shpo/disclaimer~is.htm 6/26/04
r
It is argued that the Town of Southold is the oldest English pettlement in NeW York. The
early settlers were attracted to the prote0ted waters of the Iconic Ba~• the abunda~~
wildlifl;, and the natural beauty th~f t}~North l;ork off'ered'. Mdny o[the homes vyhicfi
were built as early as the year 1634 tt m today and continue to be inhabi
Acknowledging the significance and im~ of these homes and thei~sm~tng
propertks ~s essetrtiel in preserving the uni uE hi9tory and landscape of the So old
comm
Reckless rly planned development ire the largest thteat to any community aitp
detrimental that are almost always irreversible.
The Southold$oard O~'Trustees teas been presented a building proposal fora "single-
family dwel garagd, att~nitary s " to be built otl a wooded property~at 4$0
Ackerly Po'iane, leis ~tptt a quarter mi a north of Main Road, and directly Adjoining
Bilberry trreek.
Tht~ftiposed house construction would
' • Require the uprooting and removal of approximately 20 indigenous tQee~, plltnts,
and bushes. -
• Encroach on the recently restored `'Doctors e" whic was buil~in the late ~ '
tt590's and has been nominated by the New Yor tat rce of Parks,
Recreation and Historic Preservation to be listed on the National Registry.
• Increase the density of the rural and historic community by constructing a house
and garage that is too close to the road, too large in size, ons piece of property
that is t/tt small.
• Pose a threat to the Bilberry creek wetlands with an inadequate setback distance
front the house and gprage, and would rely on a D.E.C. building code variance or _
dismissal.
• The proposed property was the former ration of the two 18m century homes of
W.W, Overton and Mrs. Simonds. The historic property ndcessitates an
archeological survey to document and preserve the historical artifacts throughout
the property.
Calling for an overall and absolute stop to development is uruealistic. However,
thoughtful, wntrolled, anil+~ltelligem planning are desperately needed to prevent high-
density and unchecked development which has plagued many parts of Long Island.
We the undersigned residents are opposed to this constntction because of the increased
density and nogative impacts that it will pose to the historic Ackerly Pond Lane homes
and community. We expect our town trustees to uphold the health, preservation, and best
interests of this Southold community.
p~~~oM~
JUN 2 4 2004 D
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NEW YORK STATE HISTORIC ARCHAEOLOGICAL SITE I D
NYS OFFICE OF PARKS, RECREATION & HISTORIC PRESERVATION
e ~ (518) 237-8643 JUN 2 4 2D04
~.~.a.,..,~ ~
a°'^•°""°••"° For Office Use Only--Site Identifier
°an""°~°"° Southok Town
S081t1 Ot TtUBtlnt
Project Identifier
Your Name Lisa Cordani-Stevenson Date Jtme 7, 2004_
Address 1 l8 Trout Brook Lane, Riverhead, NY 11901 ~ Phone (631-722-0226)
Organization (if any)
L S[TE [DENT(F'IER(S)
2. COUNTY Suffolk One of the following: CITY
TOWNSHIP
INCORPORATED VILLAGE
UNINCORPORATED VILLAGE OR HAMLET Hamlet of Southold
3. PRESENT OWNER Garv and MazP_aret Laube
Address 3l0 Ackerly Pond Lane, Southold. NY 11971 (63 1-765-6 1051
4. SITE DESCRIPTION (check all appropriate categories):Struc[ure/site
Superstructure: complete x partial- collapsed _ not evident
Foundation: above _ below x (ground level) not evident
_ Structural subdivisions apparent -Only surface traces visible
_ Buried traces detected
List construction materials (be as specific as possible): wood
Grounds
-Under cultivation -Sustaining erosion x Woodland -Upland
-Never cultivated -Previously cultivated x Floodplain -Pastureland
Soil Drainage: excellent _ good _ fair x poor
Distance to nearest water from structure (approx.) 57.4 feet
Elevation: 12 feet
5. Site Investigation (append additional sheets, if necessary):
Surface date (s) 2000-currently Site map (submit with form*)
Collection
Subsurface date(s)
Testing: shovel x coring _ other _ unit size 1 meter
no. units (Submit plan of units with forth*)
Excavation: unit size 1 meter no. of units 72
(Submit plan of units with form*)
* Submission should be 8 by 11 if feasible
Investigator Lisa Cordani-Stevenson
OPRHP Historic Site Form -page 1
The property located at 480 Ackerly Pond Lane, Southold (Tax map number 1000-69-3-
13) may be of azchaeological significance. The azea according to the National Registers
of Historic Places GIS Database is registered as a place of significance to history and
archaeology. Because the azea has been officially registered, archaeological survey and
excavation should be completed before any changes to the property aze made. If the
property is built upon, any traces of the rich history will be lost.
During the 1600's the property was part of the common land used by Lazazus Manly,
who was a miller. The mill itself is yet to be found but parts of the mill remain in
neighboring properties surrounding the lot in question. It seems reasonable to assume that
more artifacts pertaining to a mill would be found on the property.
On the property line between lot number 480 and number 310, a headstone was found.
No grave was uncovered on the Laube property. There is a possibility that a burial lies on
the lot.
During Colonial times we know [hat the Overton and Simonds families had houses on the
lot in question. The foundations of these two homes were filled in during the 1900's. The
map, which shows the Village adjoining Southold is not to scale but distinctly shows the
two houses.
Over ten thousand artifacts have been catalogued from the Laube property, including rare
finds such as a 17`" century working well, pottery, coins and raze buttons. The artifacts
give insight to the way the eazliest colonists in Southold lived. [t stands to reason that
similaz fmds would be found on the adjacent lot.
Native American artifacts have also been found on the Laube property at 310 Ackerly
Pond Lane. These include but aze not exclusive to: a 5000 to 6000 year old speaz point,
an 1100 yeaz old speaz point and a possible shell midden.
Lisa Cordani-Stevenson
Archaeologist
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SEQRA and public participation Page 1 of 5
Cgncerned Cmzens' of (':tttaraugus Cc?unR_ Inc. ~ V
State Environmental Quality Review Act , w , a.~
A Citizens Primer ) ~
~r
definition of "environment" ~ _ ,
enyrronmen_ ta! impact stafemen; (El$)
the two major steps
after the public comment period SonMold Town
links Board of Trustees
Iri N8W York, planning boards, town boards, city councils and other public
agencies must comply with strict procedures for the review of environmental impacts of
proposed projects they approve. If the procedures aze not adhered to, citizens may
challenge the agency's decision in court, generally seeking to have the decision annulled
and the environmental review process started over. If they prevail, citizens may be
eligible for an award of attorney fees, a fact that may motivate an attorney to risk taking
their case for little or no fee up front.
An environmental impact review is mandated by New York's State Environmental
Quality Review Act (SEQRA), and its implementing regulations. The Act is found at
N.Y. Envtl. Conservation Law (ECL) § 8-0101 et seq., and the regulations are found at
N.Y.C.R.R. § 617 (Part 617). The environmental impact review procedure is known as
"SEQR." "No agency involved in an action may undertake, fund or approve the action
until it has complied with the provisions of SEQR. A project sponsor may not commence
any physical alteration related to an [agency] action until the provisions of SEQR have
been compiled with." Part 617.3(a).
Environmental impact review is .Procedure that must allow you to~articipate
SEQRA does not dictate any particulaz level of environmental protection. Rather, it
imposes a procedure for considering environmental impacts, including those the public
urges be considered If the decision-making body fails to address the impacts it has been
notified about in writing, then the procedure has been violated and can be challenged in
court.
In order to understand the SEQRA review procedure and whether it has been followed, a
number of key terms must be understood, as well as the various steps in the decision-
making process mandated by SEQRA. Tlie N. Y'. I)c~partment of Environmental
Consrn~atign, ~~hich writes the SEQR regulations, has posted the regulations aid a
munber of verv helpful plain-langtu'rge pamphlets explaining. the SEQR procedure. You
should go there for in-depth information. This page highlights the public participation
opportunities provided by the procedure, and the broad definition of "environmental
impacts" that should be addressed in any comments citizens submit to an agency or other
decision-making body subject to SEQRA.
http:l/www.homestead.com/concetnedcitizens/SEQRA Primer-ns4.htm1 7/24104
SEQRA and public participation Page 2 of 5
SE.(~R review, all-too-brief outlined
The best way to determine whether SEQR applies to a proposed project is to work
through the DEC's "SEQR Cookbook," available from the link above. Generally, SEQR
is required whenever a public body is asked to take an "action," defined as "approval" of
anew of modified construction activity, or any other activity "that may affect the
environment." Part 617.2(b). For example, issuing a permit is an action, but only if the
permit could be denied. Part 617.2(e). Thus, if a building permit must be issued
whenever the builder meets all the relevant requirements, issuing that permit is not an
action.
What's the "environment"? The answer is important, because many decision-making
bodies do not appreciate how broadly SEQRA defines the environment. Impacts that
must be considered when SEQR applies include "the physical conditions which will be
affected by a proposed action, including land, air, water, minerals, flora, fauna, noise,
objects of historic or aesthetic significance, existing patterns of population
concentration, distribution, or growth, and existing community or neighborhood
character." ECL §8-0105 [6]. All these are "environmental impacts," and the above
definition encompasses three areas: (1) physical impacts, (2) impacts on population
patterns, and (3) impacts on community character.
SEQRA also requires a review of impacts related to the proposed activity, even if they
are likely to occur only after the proposed activity is completed, and even if they are
indirect. These include cumulative impacts, that is, impacts that add to those already
caused by other related activities. Also included in the environmental review are long-
term impacts will occur if one development is likely to lead to another. In that case, the
combined impacts of all related developments must be reviewed. See Part 617.7(c).
The environmental impact statement~EIS~
Some approvals of proposed projects are presumed to require an environmental impact
statement. For example, an EIS is presumed to be required for any project or permit that
involves the physical alteration of 10 acres of land or more. Part 617.4(b)(6)(i).
An EIS is a substantial study prepared by the project sponsor (less commonly by the
agency) of all potentially significant environmental impacts (defined broadly as above),
alternatives to the proposed project that would avoid the most significant adverse
impacts, and things the project sponsor could do to reduce or offset the most significant
adverse impacts, called "mitigations." In fact, the most powerful outcome of the SEQR
procedure is often to identify specific mitigations, because SEQRA authorizes the
decision-making body to withhold its approval unless it is satisfied the project sponsor
will do things to reduce or offset significant environmental impacts, things the sponsor
hadn't planned on.
http://www.homestead.coin/concernedcitizens/SEQRA_Primer-ns4.html 7/24/04
SEQRA and public participation Page 3 of 5
Before making a final decision on whether environmental impacts of a proposed activity
will be significant, even after any mitigations, the decision-making body must consider
not only the information in an EIS, but information provided by the public. Citizens can
affect the decision about whether impacts aze "significant," and therefore justify
alteration or denial of the project, by submitting informative public comments, and by
requesting information about the proposal well in advance of any public comment
period.
Effective comments can be made at any time prior to a public comment period by
pointing out missing information, requesting clarifications of vague or ambiguous
aspects of the proposal, or showing the decision-making body that important cultural,
aesthetic, or growth-related impacts have been neglected. However, such concerns
should be shapd and focused further, and submitted as public comments at the
appropriate time, as discussed further below.
The two maior steams in SEAR review
The first step in determining environmental impacts is to have the project sponsor
complete an Environmental Assessment Form (EAF). Depending on the type of activity
that may be approved, a "short form" EAF or a "long form" EAF will be completed. The
decision-making body can always require a long form EAF. Blank forms are available
from the DEC at the link above.
The EAF is a checklist of potential areas where impacts could be significant. The
decision-making body must review the completed EAF and make a "positive
declaration" that adverse impacts will be "significant," or a "negative declaration" that
they will not. This declaration must be in writing, must contain "a reasoned elaboration"
of the basis for the declaration, and must show that the decision-making body
"thoroughly analyze[d] the identified relevant areas of environmental concern."
A negative declazation ("neg-dec") may end the review process, since there is, according
to the decision-making body, no more to review. However, if the written neg-dec lacks a
sufficient basis to support that decision, it can be challenged by citizens in court.
A positive declaration leads to the second step, preparation of an EIS. 'The EI5 should
analyze in depth all potentially significant environmental impacts, alternatives to the
proposed project, and it should propose mitigation measures. The decision-making body
may reject the first draft EIS as incomplete and ask the project sponsor to address more
impacts or address impacts in greater depth. The project sponsor can be made to pay the
costs to the decision-making body of obtaining an independent expert review of the
DEIS.
Once a draft EIS is accepted as complete, it must be made available to the public, and
http://www.homesteadcom/concernedcitizens/SEQRA_Primer-ns4.htm1 7/24/04
SEQRA and public participation Page 4 of 5
invited for a minimum of 30 days. A public hearing may be held, and if it is, the public
comment period must extend at least to ten days after the heazing.
tiz'e'~e ekeei~~ted the list of requirements SEQRA regulations say must be found in an
EIS. Effective public comments refer to one or more of these requirements and point that
they're missing in the EIS or inadequately addressed.
The decision to hold a public hearing must be made after considering "the degree of
interest in the action shown by the public or involved agencies: whether substantive or
significant adverse environmental impacts have been identified; the adequacy of the
mitigation measures and alternatives proposed; and the extent to which a public hearing
can aid the agency decision-making processes by providing a forum for, or an efficient
mechanism for the collection of, public comment." Part 617.9(a)(4).
An intermediate step is possible, called the "conditioned negative declazarion." This
occurs whent he decision-making body has identified "mitigations" to be performed by
the project sponsor that amount to conditions for approval. The conditions, if met, must
reduce the environmental impacts, making them insignificant. A public comment period
must be opened, allowing the public to identify deficiencies in the conditions (that is,
showing that the conditions will not actually make the impacts insignificant) or identify
additional adverse impacts that have not been considered. If public comments do either,
an EIS must be prepared and eventually subjected to another public comment period.
After the~ublic comment~eriod
The public body responsible for approval of the activity analyzed in the DEIS is
responsible for the adequacy of the final EIS. The decision-making body must provide a
response to public comments. This response is included in the FEIS, together with the
earlier DEIS and all changes and additions to the DEIS. After the FEIS is filed and made
available to the public, the decision-making body must prepaze written findings, which
usually coincide with its final decision.
A final approval must be accompanied by findings that address the envirommental
impacts analyzed in the FEIS, and conclude that no significant adverse impacts remain
after the agreed-upon mitigation measures, if any.
A final denial does much the same, identifying impacts that would not be avoided as
reasons for the denial.
Local law may provide for as little as 30 days from the time the public is notified about a
final decision to challenge the decision in court. Otherwise, the limitation period is four
months, and the challenge is brought as a petition under Article 78 of New York's Civil
Practice Law & Rules, in the county Supreme Court.
http://www.homestead.coin/concernedcitizens/SEQRA Primer~ns4.html 7/24/04
SEQRA and public participation Page 5 of 5
i ur yr rsuat
DEC SEAR MATERIALS
SEAR LIST OF REQUIRED TOPICS IN ANY EIS
CCCC_HOME PAGE
updated 11/15/2003
f _ ~
http://www.homestead.com/concernedcitizens/SEQRA Primer-ns4.htm1 7/24/04
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gOFfO(,~
• AlbeEt J. Krupski, President O~ CO Town Hall
James King, Vice-President tiy` 53095 Route 25
Artie Foster 'p1 P.O. Box 1179
Ken Poliwoday+- ~ Southold, New York 11971-0959
Peggy A. Dickerson G,
j. ~ Telephone (631) 765-1892
Fax (631) 765-1366
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD I~/~ IOIJ F
Se4~- ~ C
OfSce Use Only
rnOp.Q t~ ~ad~cf
Coastal Erosion Peanit Applica ~ n
~tland Peanit Application _ Major _ Minor
_WaiveriAmendme N ha e
_Received Application: J 1 ~ g - -
ii
?ReceivedFee:$ i5 li`~ ILA ~ i is
--2ompleted Applica[ion_ D
Incomplete
_SEQRA Classification: ~ ~
Type I__Type I[__Unlisted h'
Coordination:(date sen )
--CAC Referral Sent-~ Southold town
~Ba[e of Inspection: V Board oS Trustee
Receipt of CAC Report:
Lead Agency Deternunation:_
Technical Reaiew:
.iPublic Hearing Held:. D
Resolution:
Name of Ap%plicant_~ ~ ~ e - t (f r'/cam ~j~
Address U ~ ~C~~ ~
Phone Number.) x'97 - 7 i 8
Suffolk County Tax Map Number: 1000 - ~ ~ 3
Property Location: ~/u/ ~(~"A/~ ,[,,dYt~''~- ~ /
(provide LILCO Pole distance to cross streets, and location) N' `f~ t/
AGENT:
(lf applicable)
Address:
Phone:
Board of Trustees Application
GENERAL DATA
Land Area (in square feet): '~7' N
Area Zoning:
Previous use of property: ~'!~~"ri"I~-- ~ J
Intended use of property: ~ /~..f /"~'CJ'~----
Prior permits/approvals for site improvements:
Agency Date
No prior permits/approvals for site improvements.
Has any permit/approval ever been revoked or suspendyd by a governmental agency?
~1// No Yes
If yes, provide explanation:
Project Description (use attachments if necessary): ~G ~
i ~.~-.,,1. ~~,t 5 ~ yam.
5..~
Board of Trustees Application
WETLAND/TRUSTEE LAND/S APPLICATION DA,(T~A
Purpose of the proposed operations: J /MSG ~ ~'~U'~-s--c~
Area of wetlands on lot: J ~SO_ square feet
Percent coverage of lot:1_~%
Closest distance between nearest existing structure and upland
edge of wetlands: feet
Closest distance between nearest proposed structure and upland
edge of wetlands: feet
Does the project involve excavation or filling?
No ~ Yes
If yes, how much material will be excavated?_~cubic yards
How much material will be filled? ~p~~ cubic yards
Depth of which material will be removed or deposited: feet
Proposed slope throughout the area of operations:
Manner 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):
a/o
Board of Trustees Application
COASTAL EROSION APPLICATION DATA
Purposes of proposed activity:
Are wetlands present/within 100 feet of the proposed activity?
No V Yes
Does the project invo ve excavation or filling?
i No Yes
If Yes, how much material will be excavated? (cubic yards)
How much material will be filled? ~~""e-- (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)
~ ~
PROJECT ID NUMBER 617"20 SEAR
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS Only
PART 1 -PROJECT INFORMATION (To be wmpleted by Applicant or Project Sponsor)
1. AP LIC~ANT,/ SPONS R o 2. PR J CT ME ~
3. OJECT LOCATION: ~ G r
Municipality ~ ~ County S(J /
4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc -or provide map
~D ~e~1 ~~ti~ s~
5. IS PROPOSED ACTION : ~ New Expansion ? Motlificaaon /alteration
6. DESCRIBE PROJECT BRIEFLY: l/ G ~
~ (l
?.AMOUNT. 06 LAND AFFECTED:
IniDally 3/ acres Ultlmately acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
~es ? No If no, tlescriDe briefly:
' 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
®.Resitlen[ial ~ Industrial ~ Commercial ?Agriculture ~ Park /Forest /Open Space ~ Other (describe)
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (Federal, State or Local)
~LTIYes ~No.~Ii(yes, list agency name and p~e/[h~nit / appfro~val:
11. DOES ANY ASPECT OFT E ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
Yes X11 NO IF yes, list agency name and permit /approval:
1~2.- tA"S A R ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION?
LJres
I CERTIFY THAT,~/THE INFO_RDMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEID/G I/
Applicant / Spons~l' N e ~~'T~ L C~ Dale: y ~t~ I~ 7
r
Signature
If t action is a Costal Area, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
PART II -IMPACT ASSESSMENT To be tom feted b Lead A enc
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF.
Ves ~ No
8. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative
tleclara[ion may De superseded by another involved agency.
Yes ~ No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwdtten, if IegiDle)
C1. Existing air quality, sudace or groundwater quality or quantity, noise levels, existing traffic pattern, solitl waste production or disposal,
potential for erosion, drainage or flooding problems? Explain bdefy:
C2. Aesthetic, agdwltural, archaeological, historic, or other nature) or cultural resources; or community or neighbomootl cha2cter7 Explain briefly:
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain bdefly:
C4. A community's existing plans or goals as officially atlopted, or a change in use or intensity of use of land or other natural resources? Explain briefly.
C6. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
C6. Long term, short term, cumulative, or other effects not identfied in C1-C67 Explain briefly:
C7. Other im acts includin than es in use of either uanti or a of ene ? Ex lain bdefl
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL ARF1. CFI. ? If es, ex lain bdefl
Yes ~ No
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If es ex lain:
Yes ~ No
PART 111 -DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each
effect should be assessetl in wnnection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e)
geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked
yes, [he determination of significance must evaluate the potential impart of the proposed action on the environmental characteristics ofthe CEA.
Check this Dox if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed direcfly to the FUL
EAF antl/or prepare a positive declaration.
Check this box if you have determined, based on the information and analysis above and any supporting documentation. that the proposed actin
WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi
determination.
Name of Lead Agency Date
riot or ype ame o esponsib a icer in Lea gency Title of Responsible Officer
Signature of Responsible O icer in Lead Agency Signature o Preparer (I tlifferent rom responsible officer)
r
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
j~lame: Address:
STATE OF NEW YORK
COUNTY OF SUFFOLK p
/9~~ ~(c 'c- ,residing at S3 O ~ O ~ I1rG( ,
Sa- < ,being duly sworn, deposes and says that on the
/ day of , 20~ deponent mailed a true copy of the Notice
set forth in the Boazd of T stees Application, directed to each of the above named
persons at the addresses set opposite there respective names; that the addresses set
opposite the names of said persons aze the address of said persons as shown on the current
assessment rpll of thg of Southold; that said Notices were mailed at the United States Post
Office at ~u ,that said Notices were mail to each of said persons by
(certified) (registered) mail. ~
Sworn to b fore me this
Da}~ of 20~
o ry Public
JOYCE M. WIIKINS
Notary Public, State of New York
No. 4952248, Suffolk County
7ermExpiresJunel2, x.007
i1
AUTHORIZATION LETTER
Southold Town Trustees
P.O.Box 1179
Southold Town Hall ~--'-I~" ~ ~ ~;J
Main Road, ~ D IS
Southold, NY 11971
v J U L 2 1 2004
New York State Department ~
of Environmental Conservat on
Buildin 40-SLTNY Suun,~~dlou;n
Stony Brook, New York 117
Att: Regulatory Permits
Any and all other State, County, or Local agencies.
AGENT:
name: Patricia C. Moore Esq.
address: 51020 Main Road, Southold NY 11971
telephone number: 631-765-4330
Dear Sir or Madam;
The undersigned owners authorize Patricia C. Moore
Esq. as our agent for all submissions to the
Southold Town Trustees, The New York State
Department of Environmental Conservation, and any
other State, County, or Local agency which may be
required.
CONTRA~T E EE :
ichael Liegey
P.O.BOx 473
Southold, NY 11971
PROPERTY: Ackerly Pond Road, Southold NY
SCTM#:1000-69-3-13
~rd of Trustees Applicati~
AUTHORIZATION
(w//here the applicant is not the owner)
I, A~/~~. /~l~J/`Q/llD.f`-i residing at ~'P~L~~~
,I ~(/p'ri)n~t own/er[ro~f~ "property) (mailing ad/dress)
PR~'~~1. W ~S/~ j"', y I~rdo hereby authorize P'`/~~
(Agent)
~ G~ to apply for permit(s) from the
Southold Board of Town Trustees on my behalf.
S I ) ~ ~ ~
(owner's signature)
8
- Boa~of Trustees Application
AUTfiORIZATION
11__ (where the applicant is not the owner)
I, 1 rVa ~ ~_I F~P~I residing at
y~. ~73
L (./plri_nt owner of r rty) (mailing address)
Y .l`Yi'YJ~[~ N~ do hereby authorize
(Agent)
~~'V.!!aCl UClP1C,PV~ uro~1 to apply for permit(s) from the
Southold Board of Town Trustees on my behalf.
i ~ -
(Own 's sig e)
8
Board of Trustees Application
County of Suffolk
State of New York
~r ~ L.- / ~ _BEING DULY SWORN
DEPO ES AND AFFIRMS AT /SHE [S THE APPLICANT FOR THE ABOVE
DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE
TRUE TO THE BEST OF HIS/f~R KNOWLEDGE AND BELIEF, AND THAT ALL WORK
WILL BE DONE IN THE MANNER SET FORTH 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 REVIE OF SAP ICATIOj~I.
Signature
SWORN TO BEFORE ME THIS / ~ DAY OF ,20~
o Public
Notary Public, State of lNew York
No. 4952246, Suffolk County
Term E~ires June 12, a .O U `
Albert J. Krupski, President • ~g11ffU~,~c • Town Hall
James King, Vice-President h`Z~ ~~f. 53095 Route 25
Artie Foster p ~ P.O. Box 1179
Ken Poliwoda °p Z Southold, New York 11971-0959
W ~
Peggy A. Dickerson Gy ~ Telephone (631)765-1892
~~1 ~ •?`aO Fax (631) 765-1366
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
BOARD OF TRUSTEES: TOWN OF SOUTHOLD
In the Matter of the Application
of
mi
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
AFFIDAVIT`O7F POS/TING ~y
I, ~ ~ G ,residing at _ ,,J } ~(p~`~ /z
being duly sworn, depose and say:
That o e day f l~~° , 200 I personally posted t property known as
by placing the Boazd of T stees official poster where it can easily be seen, and that I have
checked to be sure the poster has remained in place for eight days prior to the date of the public
hearing. Date of hearing noted thereon to be held
¢ 'E'~
Dated:
(signature)
Sworn to before me [his
day of 200 ~
Not ub c U
JOYCE M. WILKINS
Notary Public, State of New York
No. 4952246, Suffolk County
TermExPireaJunet2, moo)
i ~
APPLICANT/AGENT/REPRESENTATIVE
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics prohibits conflicts of interest on the Dart of town officers and empbvees The pumose of
this form is to provide information which can alert the town of possible conflicts of interest end allow it to take whatever action is
necessarv to avoid same.
YOUR NAME:
(Last name, first name, Middle initial, unless you are applying in the name of
someone else or other entity, such as a company. Tf so, indicate the other
person's or company's name.)
NAME OF APPLICATION: (Check all that apply.)
Tax grievance Building
Variance Trustee
Change ofZone Coastal Erosion
Approval of plat Mooring
Exemption from plat or official map Planning
Other
(If"Other', name the activity.)
Do you personally (or through your company, spouse, sibling, parent, or child) have a relaiionship with any officer or employee
of the Town of Southold? "Relazionship" includes by blood. marriage, or business interest °Business interest" means a business,
including a parntership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation
in which [he town officer or employee owns more than 5% of the shares.
YES NO
If you answered "YES", complete [he balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself (the applicanUagenUrepresentative)cend the town officer or employee. Either check
the appropriate line A) through D) and/or describe in the space provided.
The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply):
A) the owner of greater than 5% of the shares of the corporate stock of the applicant
(when the applicant is a corporation);
_B) the legal or beneficial owner of any interest in a noncorporate entity (when the
applicant is not a corporation);
C) an officer, director, partner, or employee of the applicant; or
~D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submitted th' ~ d< of n ~ 200
Signature
Print Name /dr _
Form TS I