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Home My WebLink AboutTR-5985 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 August23,2006 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Mr. Jeffrey Hallock P.O. Box 302 South Jamespor[, NY 11970 RE: N/S PECONIC BAY BLVD., LAUREL SCTM#127-3-10 Dear Mr. Hallock: 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 a One-Year Extension to Permit #5985, as issued on September 22, 2004, with the condition the hay bales and silt fence are replaced. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office. Sincerely, President, Board of Trustees JFK:lms jeff hollock General Contractor & Builder P.O. Box 302 South Jamesport, New York 11970 5~6 722-326~ Albert J. Krupski, James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson BOAHX) OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 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 A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDUI-tEi.iL h~.Lt~.~'o~'~'~. O-% ~-~" Pre-construction, hay bale line ~-~ ~'~' ~ 1st day of construction 1 o(,,~/v ~ .~~' '~ constructed Project complete, compliance inspection. Board Of $outhold 'Town Trustees SOUTHOLD, NEW YORK PERMIT NO ......................... DATE: Sept. 22, 2004 Jeffrey H~llo ck ISSUED TO ........................................... ~ ........................................................................................ Pursuant to the provi[ions of Chapter 61~ o.f f. he Laws, ,~of the State of New YorL 1893, and Chapter 404 of the ,I.~. ws ot the · State of New Yor~ 19!i2; and the Southold Town Ordinance t.~led ~RE~ULATtNG AND THE. PLACING-OF OBSTRUC3~blS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL. O,R, OTHER MATERIALS..F.,~C?.M LANDS ·UNDER TOWN WATERS;~. and in a%~'clance with 'the Resolution of The Board adopted al a meeting held o~ ?g..4..i., and in consideration of the sum of $.2.5.0...0.0 ......... paid by Jeffrey Hc~P~oek ................................................................ : ........... : ......... of ....S~u~..Ja~e.~p_...o~. ...................................... N. Y. and ~ubiect to the Terms and Condit,ons fisted on the reverse ride hereof, of Southeld Town Trustees authorizes and permits the following:. See attached ADDENDUM TO PEr. MIT all in a~cerdance wlfh the deta~lecl specifications as presented in the odginaflng appr~afloe. IN WITNESS WHEREOF, The said Board Of Trusfees Kere- causes ifs Coeporafe Seal to be affixed, and flmse preseah fo TERIdS and CONDrflONS Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095Route 25 P.O. Box 1179 Southold, New York 11971~0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ADDENDUM to Permit No.5985 Wetland Permit to cut into ground of right-of-way for installation of underground utilities; and to cut base of existing 8 foot wide dirt roadway and improve with stone blend materials; realign two 8 foot wide sections of the existing roadway and improve with stone blend materials and improve proposed driveway landward of right-of-way with gravel for a total of 1425.68 feet long, as shown on the survey prepared by John C. Ehlers and last revised April 16, 2004. A total of 15 trees located east of the road will be removed/cut and the stumps will be ground in place to final grade, 12 trees west of the road will be trimmed/limbed and under story vegetation Wii~be removed in an area equal to approximately 380 square feet as shown or}/the survey prepared by John C. Ehlers and last revised April 16, 2004. Prior to any tree removal and grinding and/or road construction a continuous line of staked hay bales shall be placed on the west side of the 8 foot road to the southern property line of SCTM# 1000-127-3-10.1, the improved roadway shall be graded to direct surface water landward (east) and prevent runoff from entering Brushes Creek, all debris in the right-of-way and to the west shall be removed off site and no lighting shall be installed along the roadway, except for the illumination of the 8' road bed. The road is only to be used for access to the building lot owned by Jeffrey Hallock (SCTM# 1000-127-3-10.1). The Town of Southold Trustees approve all as depicted in the plan surveyed by John C. Ehlers last dated April 16, 2004 and all as detailed in the Long Environmental Assessment Form revised August 26, 2004. Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P,O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 22, 2004 Mr. Jeffrey Hallock P.O. Box 302 South Jamesport, NY 11970 RE: DIACHUN ROAD (private road) off N/S Peconic Bay Boulevard, LILCO Pole #80 along Peconic Bay Boulevard, Laurel Dear Mr. Hallock: The Board of Town Trustees took the following action during its regular meeting held on Wednesday May 26, 2004 regarding the above matter: WHEREAS, JEFFREY HALLOCK 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 December 6, 2002, 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 May 26, 2004, as well as many other hearings, 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, 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 JEFFREY HALLOCK to cut into ground of right-of-way for installation of underground utilities; and to cut base of existing 8 foot wide dirt roadway and improve with stone blend materials; realign two 8 foot wide sections of the existing roadway and improve with stone blend materials and improve proposed driveway landward of right- of-way with gravel for a total of 1425.68 feet long, as shown on the survey prepared by John C. Ehlers and last revised April 16, 2004 and be it further RESOLVED, that a total of 15 trees located east of the road will be removed/cut and the stumps will be ground in place to final grade, 12 trees west of the road will be trimmed/limbed and under story vegetation will be removed in an area equal to approximately 380 square feet as shown on the survey prepared by John C. Ehlers and last revised April 16, 2004 and be it further RESOLVED, that prior to any tree removal and grinding and/or road construction a continuous line of staked hay bales shall be placed on the west side of the 8 foot road to the southern property line of SCTM# 1000-127-3-10.1, the improved roadway shall be graded to direct surface water landward (east) and prevent runoff from entering Brushes Creek, all debris in the right-of-way and to the west shall be removed off site and no lighting shall be installed along the roadway, except for the illumination of the 8' road bed, and be it further RESOLVED, that the road only is to be used for access to the building lot owned by Jeffrey Hallock (SCTM# 1000-127-3-10.1) and be it further RESOLVED, that the Town of Southold Trustees approve all as depicted in the plan surveyed by John C. Ehlers last dated April 16, 2004 and all as detailed in the Long Environmental Assessment Form revised August 26, 2004. Note: Any action including clearing and futura road improvements would require a further review from this office. 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.) This is not a determination from any other agency. Fees:S100.00 Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/hct Albert J. Krapski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hail 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SEQRA RESOLUTION RE:#1 OF SECTION V Resolved by the Board of Trustees of the Town of Southold that the application of Jeffrey Hallock, more fully described in Section V of the Trustee agenda dated Wednesday September 22, 2004 is, pursuant to the SEQRA rules and regulations, an Unlisted Action; and be it Further Resolved that the project will have no significant potential adverse environmental impact and therefore a Negative Declaration is made. Albert J. I<rupski, President James King, Vice-President Artie Foster Ken Po]iwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 26, 2004 Mr. Jeffrey Hallock P.O. Box 302 South Jamesport, NY 1190 Re: Changes to Environmental Assessment Form Dear Mr. Hallock: As per the phone conversation with Mark Terry on July 23, 2004 please make the following changes/corrections to the Full Environmental Assessment Form received in this office on April 19, 2004 regarding the proposed improvements to an existing right of way, Peconic Bay Boulevard, Laurel, NY. Description of Action (1) Reads, "The proposed action includes cutting two to six inches of the top of an existing 15-foot cleared right-of-way". Change to "existing 8 foot right of way" (2) Reads, "Also proposed is the realignment of two sections of the existing 15- foot cleared fight-of-way." Change to "existing 8-foot cleared right-of-way~' (3) Add in the Description of Action a very specific number of what will be cleared. Write the number, size, and species of trees and under story plants. (4) Mention that the additional clearing is just for 100-124 minimum required access. A. SITE DESCRIPTION 1. Present Land use: Other Change to "Existing 8-foot predominantly cleared right-of-way" 14. Change to Yes 19. Change to Yes Please submit these changes to the Trustee office. Sincerely, Heather Tetrault Environmental Technician Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: FROM: DATE: RE: Mark Terry, Senior Environmental Planner Board of Trustees May 27, 2004 JEFFREY HALLOCK DIACHUN RD., LAUREL SCTM#127-3-9.1 In response to your memo dated March 24, 2004, the applicant has submitted a revised survey so that you may complete the Long Environmental Assessment Form. Thank you in advance for your assistance. ATKINSON-LOVEI.F~SS & ATKINSON, I.I.P Attorneys at Law Linn Atkinson-Loveless 502 Carpenter Street Greenport, NY 11944 (631) 477-0264 (Voice) (631) 477-0282 (Fax) Matthew R. Atkinsop PO Box 651 Laurel, NY 11948 (631) 298-5210 (Voice & Fax) APR 16 2004 ~ Aprt ~oa rd..,of Trustees BY HAND 16, 2004 Southold Town Board of Town Hall, 53095 Main Road PO Box 1 179 Southold, NY 11971 James Heffron, Of Counsel PO Box 1277 Cutchogue, NY 11935 (631) 734-5716 (Voice & Fax) Re: Jeffrey Hallock Application, Brushes Creek Dear Board of Trustees, I write to comment upon the referenced application and its review under the State Environmental Quality Review Act ("SEQRA"). While I shall comment on the Long Environmental Assessment Form submitted by the applicant, dated 2/22/04 ("EAF"), a preliminary discussion concerning the scope of the action is warranted. I have previously addressed, by correspondence dated February 25, 2003, the scope of the action before you. The application specifically incorporates the ZBA decision granting Town Law 280A approval to Rose Diachun for the development of a lot, subject to improvements and approval by the Board of Trustees ("Board"). There is no dispute that Rose Diachun's application was joined by her family members, Eleanor and Ronald, for 280A approval of all the undeveloped land along the eastern shore of Brush's Creek. They appear on the application and their attorney, Mr. Lark specifically requested such approval at the ZBA public hearing and in subsequent correspondence. Mr. Hallock, Rose Diachun's successor in title, has already also asked the ZBA for clarification as to whether the ZBA decision extends to his second lot, also purchased from Rose Diachun. Mr. Hallock's intention to develop the second lot is further reflected in the plan before the Board that actually contemplates a lot line adjustment between his two lots, 1000-127-3-9.1 & 10. The ZBA decision requires improvements not only to the proposed road to Mr. Hallock's single lot, but also to the undeveloped lots to the north, indicating their intent to approve a common road. The interest of Eleanor and Ronald Diachun is further underscored by their regular attendance and testimony at these hearings concerning Mr. Hallock. Despite the scope of the application before the ZBA, with the proposed road impinging upon protected tidal wetlands, it never discussed the potential for adverse environmental impacts as required under SEQRA. Page I of 3 For the purposes of SEQRA, the action before the Board consists of 280A approval for the undeveloped land along Brush's Creek, comprising some 30 acres within SCTM #'s 1000-127-3-8, 9.2, 9.1, 10 and 127-8-17.3. Such approval has been sought by Mr. Hallock, Eleanor Diachun and Ronald Diachun, all the parties in interest to the undeveloped land and the proposed road. Consequently, the Board may, and should, consider the impacts of a development scheme where access is provided along Brush's Creek. In particular, the Board should consider the effects of the alteration of the natural drainage patterns that will be realized by developing the road and driveways sloping down to the road, carrying storm water runoff from impervious surfaces and the panoply of typical domestic pollutants (nitrates, pesticides, oil and coliform bacteria) that will drain into the wetlands across a compromised buffer zone. These cumulative impacts are in addition to the direct impacts of habitat fragmentation and encroachment on the wetlands that have been discussed in prior correspondence and testimony. Thus far, the applicant has argued that the only environmental impacts the Board should consider are those directly related to the road itself, since only the road is within the jurisdiction of the Board. This argument fails to comprehend the dictates of SEQRA. The Board must look at all related activities and steps regardless of "whether the agency decision making relates to the action as a whole or to only a part of it." 6 NYCRR § 617.3(g). From the foregoing, the EAF wholly fails to describe the proposed action. See EAF at page 2. The following additional errors and omissions are noted: Site Description, page 2, § A.2. fails to describe the site with any specificity, ignoring the wetlands, forested and meadow zones, either before or after the proposed action. Site Description, page 3, A.8. contends that the depth to the water table, throughout the site, is 6-10 feet. This number is without a basis. The site contains wetlands and runs to surface waters. The minimum depth to the water table is likely 0 feet. In this regard, the proposed catch basins, see Ehlers' Survey, revision dated 2/18/04, are located where the water table is not documented, in one instance approximately 15' from the wetlands (no elevations are provided as required under the Town Wetland Law) consequently, the efficacy of these structures cannot be ascertained on the present record. Site Description, page 3, A.9. states that the site is not above various aquifers. This representation should be verified. Site Description, page 3, A. 11. states that there are no threatened or endangered species on site. The northerly portion of the site is a habitat for mud turtles, an endangered species. As the applicant has refused to allow us to have an expert visit the site, the Board should avail itself of section 97-22(D)(2)(d) of the Wetlands Law, for this and other matters, to realistically assess such potential impacts. Project Description, page 3, B.l.b. fails to describe the project size accurately. The proposed road alone will disturb the proposed 16' road bed, plus the two 3' swales, or a total of 22' by approximately 1000' (a number not hitherto disclosed by the applicant) or approximately 1/2 acre. In addition, the applicant has disclosed an intention to develop Page 2 of 3 two houses with driveways and appurtenant structures. Finally, approval of this road shall permit the development of 4 additional houses on the existing tax lots. The actual number could be substantially higher. See Memorandum, Planning Board to Board of Trustees, March 12, 2003 (the proposed road may serve up to 10 lots). Project Description, page 3, B.l.d. Length of project. This section should be completed. Project Description, page 4, the answers to subparagraphs 2, 4, 5, 13, 16, 18, 22 & 23 are all erroneous or incomplete. Zoning and Planning Information, page 5, paragraph 1, fails to acknowledge that proposed development does require a zoning variance under Town Law 280A. Zoning and Planning Information, page 5, paragraph 3. As stated above, the potential development is for 9-10 residences as determined by the Planning Board. Memorandum, Planning Board to Board of Trustees, March 12, 2003 (the proposed road may serve up to 10 lots). Zoning and Planning Information, page 5, paragraph 11. Obviously the proposed residential development shall create a demand for community services. The applicant's EAF has the above errors, many of which stem from the failure to describe the action fully. Once again, I urge the Board to employ an impartial expert at the applicant's expense to fully analyze the potential adverse impacts within the context of SEQRA. The EAF as submitted fails to provide a basis for the Board to assess the potential for adverse environmental impacts. Nonetheless, from the record before the Board, at the very least the proposed action may impair a critical environmental area. Therefore, if the Board is determined to continue its consideration of this application, it should issue a positive declaration of significance and require the preparation of an environmental impact statement. Sincerely, Matth~ CC; Barbara Laskin, Via E-mail E. Brownell Johnston, Esq., Via E-mail Mark Terry, Southold Planning Department (By Hand) John A. Wieland, Deputy Permit Administrator, NY DEC, Region I Page 3 of 3 ATKINSON-LOVELESS & ATKINSON, LLP Attorneys at Law Limn Atkinson-Loveless 502 Carpenter Street Greenport, NY 11944 (631 ) 4-77-0264 (Voice) (631) 477 0282 (Fax) Matthew R. Atkinson PO Box 651 Laurel, NY 11948 (631) 298 5210 (Voice & Fax) James Heffron, Of Counsel PO Box 1277 Cutchogue, NY 11935 (631) 734 5716 (Voice & Fax) BY HAND March 24, 2004 Southold Town Board of Trustees Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Re: Jeffrey Hallock Application, Brushes Creek Dear Board of Trustees, NAR 2 4 2004 Soothold Town _ Board of Trustees I write to comment upon the referenced application in view of the new Town of Southold Wetlands Law. However, as a preliminary matter, I note that I have been unable to obtain a copy of the completed Long Environmental Assessment Form ("EAF") as of this afternoon. This means that neither the Board of Trustees nor the public has had a reasonable opportunity to review the EAF prior to this evemng's hearing. Consequently, I respectfully request that this application be tabled until such time as the EAF is completed and made available for review. Completion of the EAF, and its careful review, is critical to providing this proposed action with a "hard look" as required under the State Environmental Quality Review Act ("SEQRA"). The Wetlands Law requires minimum setback requirements for "any and all operations," § 97-12(D). Both the proposed driveway and the access road are within the minimum setback requirement of 50 feet. Waiver of the minimum is dependent on finding "site specific and/or environmental conditions" that would justify such a waiver. There is nothing in the record to suggest any peculiar feature of the terrain that would justify such a waiver. Indeed, with Critical Environmental Areas, the Trustees are empowered to attach more stringent limitations, such as larger than usual buffer zones, § 97-27 (A)(7). Here, however, the applicant offers no buffer zone, resulting in a fragmentation of the upland from the tidal habitat of a Critical Environmental Area. Neither the private easement agreement, nor the efforts to "improve" the road, by the recent deposition of material and compaction by heavy equipment and vehicles, may the Board of Trustees countenance as "site specific" conditions. The present design of the road is concave and within the floodplain. The applicant is essentially proposing to build a long moat adjacent to the wetlands and destroying more vegetation to accomplish this task. This moat is to be drained into two catch basins. No calculations am provided to suggest that this system will work, nor has the water table been determined, nor has any analysis been done of the existing storm water run off or how it will be altered, nor have any calculations been made concerning storm water runoff for the planned development of the existing tax lots. The proposed 16' road is now to have sloped edges of 3' each, making for a total disturbance of 22' along a pristine wetland that fragments the minimum buffer zone. Several other features of the new law may be applied. The Board may require a "Drainage Upgrade", § 97-21 (A)(14), and require payment of a consulting fee since over 500 square feet of a "resource buffer area" will be disturbed, §97-22(D)(2)(d). Further expert examination is warranted due to the unquantified but apparent adverse impacts in addition to obtaining an inventory of potentially endangered or threatened species. Further, the Board may find that the criteria for determining the issuance of a permit have not been satisfied. This road and consequent scheme of development will adversely affect the wetlands, cause turbidity and siltation, adversely affect wildlife and vegetation, increase the danger of storm flood and tide damage, adversely affect the natural flow of waters, and adversely affect the aesthetics of the pristine eastern shore of Brush's Creek, §§ 97-28(A), (B), (D), (E), (F), & (J). The potential for many substantial adverse impacts is evident. Under the SEQRA regulations, the impairment of a Critical Environmental Area, standing alone, meets the threshold for a finding of a potential significant adverse impact, thus requiring the preparation of an environmental impact statement. 6 NYCRR § 617.7(c)(iii). This application merited denial under the old law on environmental grounds as expressed by both experts in the Town's employ and by the Department of Environmental Conservation. The environmental constraints have not changed. Nonetheless, the new law clearly underlines the importance of protecting wetlands, and especially Critical Environmental Areas, by maintaining undisturbed buffer zones in natural vegetation and restoring them where disturbed. See § 97-12(B) ("purpose clause"). Here a swath of 22' by a quarter mile is to be cut through the buffer zone of a critical environmental area. I urge the Board to deny this application. cc~ Barbara Laskin, Via E-mail E. Brownell Johnston, Esq., Via E-mail TO: FROM: DATE: RE: Albert J. Krupski, Jr., President Board of Trustees Mark Terry, Senior Environmental Planner March 24,2004 Jeffrey Hallock Applicant needs to amend application and specifically state improvements. The current application references the ZBA decision. It is my understanding that this action is not consistent with that shown on the survey dated as received on February 20, 2004. The data in the application must match the survey received February 20, 2004. I recommend no action tonight until the application is amended or conditions are noted into the record. The improvements indicated on the LEAF and the survey need to be clarified. The Standard Stone Blend Road cross section is inconsistent with the 8' road shown on the survey...it shows a 16' wide road section with an 8' wide section on the east side noted to be cleared! I recommend the Trustees request actual proposed improvements including courses, trees to be cleared etc. I cannot issue a SEQRA determination or classification until the proposed action is consistent with the survey. -- Board of Tru~tee~ 2/20/04 Field Inspection 2/20/04 Field Inspection 2/20/04 Field lhspedtion 2/20/04 Field Inspection 2/20/04 Field Inspection APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. TOWN MEMO http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 TO: FROM: DATE: SUBJECT: Albert J. Krupski, President Board of Town Trustees D. Oliva, Chairwoman~. Ruth Board of Appeals February 3, 2004 Diachun Road 280PdZBA #4902 Inspection 12/27/03 FEB - 5 2OO4 Southold Town Board of lYustees In reply to your memo regarding "removal of trees within 5' of the east side of ROW," this would involve removal of tree branches or extended tree growth that would interfere with vehicle access within the easterly section of the existing right-of-way, that may need to be trimmed or cut at the upper portions of the trees, with stump at ground level, or if necessary grinding of any remaining tree stump(s), but without digging or excavating. There appears to be one tree, and there may be more along the easterly landward edge of the traveled portion within 5 feet. It is not necessary to dig or excavate. Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town HaU 53095Route 25 P.O. Box 1179 Southold, NewYork 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 TO: FROM: DATE: RE: BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ruth D. Oliva, Chairwoman Board of Appeals Albert J. Krupski, Jr., President Board of Trustees January 30, 2004 Application of Jeffrey Hallock Diachun Rd., Laurel SCTM#127-3-10 We received your report prepared by Gerry Goehringer dated 12/29/03, however the Board of Trustees would like a clarification of the following: "Remove all trees within 5' of east side of ROW...." Thank you for your cooperation. APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora George Horning Vincent Orlando http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel, (631} 765-1809 Fax 765-9064 TOWN MEMO TO: FROM: DATE: SUBJECT: Albert J. Krupski, President Board of Town Trustees Ruth D. Oliva, Chairwoman Board of Appeals January 6, 2004 Diachun Road 280A/ZBA #4902 Inspection 12/27/03 As requested, please find attached the ZBA inspection report with reference to the above 280A, ZBA File//4902. If you have any questions, please contact us. Thank you. HAA: rg cc: Jeff Hallock Harvey A. ~ ~ D. Oliv~ Cimirwoma~ O. Goehrin~ Date: 12/2~/03 ' Subjeee Zoning Board..decision of 1/18/01 and inspection of 12/27/0a ROW Disc. hun Oil the abow dam, I inspected the Diaehun ROW in Latn~l~ At Ihe ~ of grating ~he 2g0A im.nrov~lll~ts~ ~ $allle ill ~ poo~ .federate the ROw nndplace som~ crashed eonet~to o~ most ofthe ROW. The purpose ofthi~ mtnor Pe°Pl~ c°uld Sh°w the pr°lmm' S~e that time the ROW has not been i~,~vzd and no fu~im, work h~ you la.rev ovm- ~a~ y,~rs I lmw'iasl~ ~ RO'~PS ~md ;ome u~ with ~mpr~$ive tai~,.v,.mu~mts to satisfy th~ 280A requiauneu~ tt{roughout ~t~ Towu of Sou~old. I belic'w mmthe decision of 2001 by this Board should $tand, however, a few ~in~ could be obvlsl~d, to Theym~ho following: l~moveali~,~s wilhiuS, ofe~tsideofROW, grindstmu~ratherth.. Provide drn~n~-°~ in low a~'ea$, mw~d east side away .~-otu ct~k area. Pkeh angle for drainage ROW, wi~ RAC or stone blend. HARVEY A. ARNOFF Harvey A. Arnoff Margot L. Ludlam Paralegal Colleen Grattan-Arnoff, R.N. January 8,2004 Attorney At Law 206 Roanoke Avenue, P.O. Box 329, Riverhead, NY 11901-2794 (631) 727-3904 Fax No.: (63 l) 727-3940' *Not for service of legal papers Of Counsel George E Biondo John A. MacLachlan Board of Trustees Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Re: Hallock Proposed Driveway, Diachun Road, Laurel SCTM #1000-127-3-10 Dear Members of the Board of Trustees: Please advise the undersigned of the next Board of Trustees meeting. Thank you for your attention to this matter. Very truly y,~s, ~a~6~y~(A~r ~ ff HAA:rg cc: Jeff Hallock ,JAN - 2OO4 Seutheld Towm _ ~oard o~ Trustees Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route25 P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Board of Trustees November 21, 2003 Application of Jeffrey Hallock Diachun Rd., Laurel SCTM#127-3-9.1 The Southold Town Board of Trustees has been asked by Harvey AYnoff, Esq. on behalf of Mr. Hallock to inquire about the road width to the Hallock property and clarify the exact specifications of such an access road. This is to put into better light the applicant's position since the Department of Environmental Conservation letter (attached) has been received. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Trustees From: Mark Ten'y, Senior Environmental Planner Re: Hallock, Jeffery SCTM# 1000-127-3-10 NOV 19 2OO3 Date: November 18, 2003 A review of the file was conducted on November 18, 2003 to assess feasible alternatives to the right-of-way serving SCTM# 1000-127-3-10. It is my understanding that the carrent right-of-way width is 8 feet. Pursuant to A108-15Ajthe required right-of-way width should be 50' based upon the future potential of the right-of-way to serve 5 or more lots. On January 18, 2001 the Zoning Board of Appeals granted a variance form this provision allowing the right-of-way to be constructed to a minimum width of 15 feet. On July 25, 2003 the New York Department of Environmental Conservation (NYSDEC) conducted a site inspection. On October 22, 2003 the NYSDEC sent a letter to the applicant stating that the "width of the roadway would not change". In addition, the letter requires relocating the roadway to the east, away from the tidal wetlands, in two locations (unspecified) and clean fill to be placed in the low areas. Pursuant to 280-A of New York State Town Law and Section 100-235A of Southold Town Zoning Code emergency vehicle access must be 15 feet in width and any improvements would be in violation of the DEC ruling. Based upon such, the applicant currently has one option: Abandon the ctm-ent right-of-way and in cooperation with adjacent property owners, relocate the right-of-way landward, preferably, over the existing dirt traveled road along the eastern parcel boundaries of 1000-127-17.3, 1000-127-3- 10, 1000-127-3-9.1, 1000-127-3-9.2 and 1000-127-3-8. Any new proposal must be reviewed and approved by the DEC. Please call me with any further questions. ATKINSON-LOVELESS & ATKINSON, LLP Attorneys At Law Linn Atkinson-Loveless Matthew R. Atkinson VIA FAX (Original VIA First Class Mail) Southold Town Board of Trustees Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 November 1 Board of Tn~,~._ Re: Jeffrey Hallock Application, Brushes Creek Dear Board of Trustees, I understand that Jeffery Hallock's attorney, Harvey Arnoff, has requested and has been given permission to speak to the Board during your work session tonight concerning the Hallock application. This is a pending application subject to public hearing requirements mandated by law. As the work session is not a public hearing, I object this ex parte application to the Board. Sincer~~ Matthew R. Atkinson cc: Barbara Laskin, Via E-mail E. Brownell Johnston, Esq., Via E-mail Gregory Yakaboski, Southold Town Attorney, Via E-Mail Harvey Arnoff, Esq., Via Fax Telephone (631) 477-3700 9 Sterlington Commons, Greenport, NY 11944 · ;'.,..~//<_.~ ,~ ........ Harvey A. Arnoff Margot L. Ludlam Paralegal Colleen Grattan-Arnoff, R.N. HARVEY A. ARNOFF $outhold lew. Attorney At Law , Boan~ d,Tru~teea 206 Roanoke Avenue, EO. Box 329, ~verhead, ~ 11901-2794' ' (631) 727-3904 F~ No.: (631) 727-3940* *Not for se~ice of legal papen Of Co~sel George F. Biondo November ~2, 2003 John A. MacLachlan Town of Southold Board of Trustees Albert d. Krupski, President 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Hallock proposed driveway, Diachun Road, Laurel SCTM #1000-127.3.10 Dear Mr. Krupski and Members of the Board: I am by this letter confirming that you have calendared the regarding matter for your next session on November 19, 2003 at 6:00 p.m. I am doing this because we are somewhat on the horns of a dilemma as it would appear that the New York State Department of Environmental Conversation has finally set forth in letter form (see copy of their letter of October 22, 2003) exactly what it is they wish to have done with the site. This seems to be somewhat at variance with much of our discussions in the past. As you will recall, Mr. Hallock indicated to the Board, repeatedly, that he would like to do this project with minimum disruption to the existing right of way and with minimal, if any, further intrusion into the wetlands. Essentially, questions which I think the Board has to determine is whether or not they wish to have the LIPA lines overhead or buried, the existence of the driveway to the house, a minimal grading work done in accordance with the "Agreement" which the DEC thought was reached on the on site visit. As I advised you a wider rOadway is not technically needed since fifteen (15) feet of access does not refer to the roadbed itself, but merely that for vehicles to clear. In essence, therefore, we would like to have the Board take a hard look at our initial application, since it my belief that it is, in fact, in conformity with much of what the DEC wants. Town of Southold Board of Trustees November 12, 2003 Page -2- Finally, I understand that this application is troublesome to the Board. Rest assured that both my client and I are committed to doing whatever we can to work with the Board in order to reach a compromise that is not only practical, but environmentally sound. As always, I thank you for your anticipated cooperation. Very truly~o~ Harvey A. Arnoff/' HAA:rg Enclosure cc: Jeffrey Halleck F:\Renee\Real Estate\Halleck\Il-12 Lt to Board.wpd )X~/~' New York State Departm~ent of Environmental .l~ivision of Environmental Permits, Region One Conservation ~_~..uilding 40 ~ SUNY, Stony Brook, New York 11790-2356 Main Phone: (631) 444-0365 Matt Penski Phone: (631) 444-0358 Website: www.dec.state.n¥.us Fax: (631) 444-0360 Mr. Jeffrey Hallock P.O. Box 302 South Jamesport NY 11970 October 22, 2003 Re-' NYSDEC #1-4738-03100/00002 Right-of-Way n/s/o Peconic Bay Blvd. Laurel NY Dear Mr. Hallock: Erin M. Crotty Commissioner The Department's technical staff completed a final review of your proposed widening of the traveled dirt roadway within the right-of-way and provided the following comments. The Department objects to the proposed increase in width of the roadway less than 75 feet from the tidal wetlands. The increase in the width of the roadway in close proximity to the tidal wetlands will result in a loss of the adjacent area / buffer vegetatiop thereby reducing the tidal wetlands function to absorb nutrients and runoff and diminishifi~g the character, quality and value of the adjacent tidal wetlands. Therefore, the Department will not authorize the proposed widening of the roadway as proposed. Department staff met with you and the Southold Town Trustees at the project site earlier this year. At that time, it was agreed by all parties that the width of the roadway would not change. Additionally, it was agreed that the roadway could be shifted to the east away from the tidal wetlands in two (.2) locations and the majority of xvork occurring within the existing road bed. Stone and clean fill could he placed in some locations that are very low or potholed. This is what was agreed to by all parties and the only work that can be approved by this Department. If you want to proceed with this application, then please provide four (4) copies of revised plans showing the proposed work that was agreed upon at the meeting. If a wider roadway is needed for this location, then you should investigate alternative access to your property greater than 75 feet from the tidal wetlands. Sincerely, Matthew R. Penski CCi Southold.Town Trustees file Harvey A. Arnoff Margot L. Ludlam Paralegal Colleen Grattan-Arnoff, R.N. Regular Mail ~.[ OCT 2~ ; $0tlth0~d ]own HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, P.O. Box 329, Riverhead, NY 11901-2794 (631) 727-3904 Fax No.: (631) 727-3940' *Not for service of legal papers Of Counsel October 17, 2003 George E Biondo John A. MacLachlan Board of Town Trustees Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: Hallock proposed driveway, Diachun Road, Laurel SCTM #1000-12 7-3-10 Dear Members of the Board of Trustees: Please accept this letter as our request to adjourn the hearing on the above captioned matter currently scheduled for October 22, 2003 for a month. Said adjournment is being requested inasmuch as my client, Mr. Hallock, had an accident and would not be able to attend said hearing at this time. Kindly advise this office of the new date at your earliest convenience. As always, I would like to thank you for your kind consideration in this matter. HAA:dr cc: Mr. JeffHallock ' ~ey A. Am~ HARVEY A. ARNOFF Harvey A. Arnoff Margot L. Ludlam Paralega[ Colleen Grattan-Arnoff, R.N. FEDERAL EXPRESS September 16, 2003 Attorney At Law 206 Roanoke Avenue, P.O. Box 329, Riverhead, NY 11901-2794 (631) 727-3904 Fax No.: (631) 727-3940* *Not for service of legal papers Of Counsel George E Biondo John A. MacLachlan Supervisor Josh Horton and Members of the Town Board 53095 Main Road P.O. Box 1179 Southold, NY 11971-0950 ~ see 17 2003 ..... Board ef Dear Mr. Supervisor and Members of the Board: As you may be aware, my client, Jeffrey Hallock, owns certain real. property situate in Cutchogue which has been the subject of an application which has been pending before the Trustees of the Town for almost a year. Approvals to build have been granted by most agencies, including the Zoning Board of Appeals and the Town Parks Department, DEC, etc. In June of this year, it was determined that the Trustees wanted a review of the application by the Town's environmental planner. It is now four (4) months later, and we have been advised that there is no longer an environmental planner, either employed or utilized specifically by the Town. I am by this letter requesting a name of a person satisfactory to the Town Trustees and to the Town so that same may be retained at the cost of my client, since it appears that the Trustees lack requisite funds to employ a consultant in a matter such as this. M ' ' ' ' ' y chent s apphcat~on Is for a letter of non-jurisdiction in regard to the home and driveway and a permit for portions of an existing roadway. Mr. Hallock is anxious to start building his new home and would be willing to post with the Town an amount sufficient to cover the cost of the environmental consultant. I would, therefore, request that the Town apprise me of the name of such a consultant so that payment may be posted as set forth above. In the event the Town wishes us to employ our own consultant in regard to this and would be willing to accept the results of that report, we would, of course, be willing to do that as an alternative. 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 Mr. Jeffrey Hallock P.O. Box 302 South Jamesport NY 11970 Erin M. Crott~, · '" ' ' Commissioner Notice of Incomplete Application i~~/ July25,2003 ~-- ~. Re~ NYSDEC # 1-4738-03100/00002 R-O-W n/s/o Peconic Bay Blvd. Laurel NY Dear Mr. Hallock: The Department's technical staff inspected the traveled path within the right of way and provided the following comments. Additional information and revisions to the plans are necessary. Staff indicated that they met with you and the Town Trustees at the project site in April of this year. Staff conveyed to you that the Depa,,-'tment can approve the two areas where the roadway is proposed to be moved away from the wetlands and that work could occur within the existing road bed. Widening of the roadway to 15 feet in width was not discussed at the meeting. Is the proposed roadway actualiy proposed to be 15 feet in width? The plan provided (Ehlers survey last revised on 4/30/03) shows an approximate 8- foot wide roadway and two (2) realignment areas that are also 8-feet wide. Is this plan correct? If the existing roadway is to be widened to 15 feet in width, then plans must be provided which shows the proposal. Therefore, please have the surveyor revise the plans to show the following details. Please show and label the existing and proposed roadway and the limits of clearing and disturbance associated with the roadway improvement. The plan should also provide a specific description of the roadway improvements including but not limited to grading, excavating, placement of stone, etc. Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD TO: FROM: DATE: RE: Town Board Albert J. Krupski, Jr. Board of Trustees July 3, 2003 Environmental Review-Critical Need The Southold Town Board of Trustees has a workforcc problem related to environmentally reviewing files and issuing related findings/reports at the present time. Scott Hughes is unavailable to the Board due to his (unreported to us) absence from work. As it was the Town Board who assigned the Trustee Bogrd with the services of an environmental planner, please advise us who is his replacement while he is absence. We have serious time sensitive needs for professional environmental services. Thank you for your kind consideration. We need a timely replacement to serve the public in real time and protect the Town from further legal action. Copy to: Harvey Amoff, Esq. Matthew Atkinson, Esq. E. Brownell Johnston, Esq. Gregory Yakaboski, Esq. Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOVCN OF SOUTHOLD TO: FROM: DATE: RE: Scott Hughes Environmental P!anner Board of Trustees June 19, 2003 Application of Jeffrey Hallock Diachun Rd., Laurel SCTM#127-3-9.1 Please review the attached application and survey and issue a brief summary within two weeks. Thank you for your assistance in this maAer. CC: Harvey Arnoff. Ese. Matthew R. Atkinson, Esq. Patricia Finnegan, Esq. E. Brownell Johnston. Esq. Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD TO: FROM: DATE: RE: Greg Yakaboski, Esq. - Town Attorney Patricia Finnegan, Esq. - Assistant Town Attorney Board of Trustees June 16, 2003 Application of Jeffrey Hallock Diachun Rd., Laurel, SCTM#127-3-9.1 Enclosed is a copy of a letter from Matthew R. Atkinson, Esq. to the Board of Trustees with regards to SEQRA and the above-referenced application for a Wetland Permit. Please advise our Board in writing. Thank you for your assistance. FROH : P~nasonic T~D/F~X PHONE NO. jeff hallock General Contractor & Builder P.O. Box 302 South Ja~nesport, New York 11970 516 722-3261 19 2003 10:29AM PO1 Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD To; Mrs. Tortora Chairwoman- Zoning Board From: Albert J. Kmpski, Jr. President - Town Board of Tmstee's Date: May 1, 2003 Re: Jeffrey Hallock - Road Access Diachon Road, Laurel, NY SCTM#127-3-9.1 The Southold Town Board of Tmstee's would like to request that the access road to serve the Hallock Lot 127-3-9.1 be allowed to be the minimum in all respects in light of the location of the road and the proximity to tidal wetlands. Our Board had met at the site with the DEC and have received plans to relocate two portions of the road to avoid contact with the wetlands of Brushes Creek. Appropriate drainage and grading should be worked out by the applicant to contain runoff fi.om the road and from the driveway of Mr. Hallock's house. 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 Erin M. Crotty Commissioner RECEIVED March 5, 2003 Atkinson-Loveless & Atkinson, LLP Attorneys At Law 9 Sterlington Commons Greenport, NY 11944 attn: Matthew R. Atkinson RE: Jeffrey Hallock Application ROW n/s/o Peconic Bay Blvd. On Brushes Creek Laurel, NY SCTM # 1000-127-%10 NYSDEC ID # 1-4738-03100/00001 MAR 2 6 2003 $outhold Town Clef ~w~mkl Dear Mr. Atkinson: Thank you for your correspondence of February 25, 2003. You have requested that the New York State Department of Environmental Conservation (NYSDEC) withdraw its November 20, 2002 "Letter of Non- Jurisdiction" issued for a portion of the above referenced property. Your basis tbr this request is not that the letter is inaccurate. Rather, you base your request on an assertion that the applicant did not provide us with a complete application. In particular, you are concerned that the applicant did not advise us of our probable jurisdiction nor that of the Town of Southold Board of Trustees over his proposed future road development. However, our "Letter of Non-Jurisdiction" is simply a statement of Pact that the property landward of the ten-foot elevation contour on a natural and gradual slope is beyond NYSDEC Article 25 tidal wetland jurisdiction. Whether NYSDEC issued this determination based on the submitted application and survey or not, in no way affects the boundary of NYSDEC jurisdiction. Therefore, I see no reason to withdraw the letter. Not only is the letter accurate but withdrawal of the letter would in no way alter NYSDEC's jurisdiction over this area. Naturally, any portion of an overall project that fails within NYSDEC jurisdiction is likely to require a pernfit from this office. However, that does not affect the existing tidal wetland jurisdictional boundary. NYSDEC routinely issues permits for regulated activities and describes the portion of regulated activity that is beyond the Department's jurisdiction and not subject to our regulations. I find that the applicant has not misrepresented their submission to this office. Furthermore, prior lack of knowledge of the overall development plan in no way affects the jurisdictional determination in this instance. Therefore, our November 20, 2002 "Letter Of Non-Jurisdiction" is valid and will stand. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Board of Trustees From: Planning Board Date: March 12, 2003 Re~ Jeffery Hallock Diachun Rd., Laurel SCTM# 127-3-9.1 The Planning Board has reviewed the survey and surrounding area for the above referenced project. The best estimate for the number of potential lots/homes the road will serve is 9 to 10. The actual road specifications, shoulder, elevation and drainage requirements are site specific and must be reviewed by the Town Engineer to the landform and any potential hazards. Due to the proximity of the road to Brushes Cree, the applicant should be required to submit a Road and Drainage Plan to the Trustees to be reviewed by the Town Engineer. Cc: Jamie Richter, Town Engineer ELIZABETH A. NEVILLE 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, New York 11971 Fax (5].6) 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 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. TO: .(Department or Officer, if known, that has the information you are requesting.) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, date, file title, tax map number, and any other pertinent information.) supply Signature of Applicant': Printed Name: ~/~/~ ~/ Mailing Address (if different from above): Telephone Number: ~/~f//- [ } APPROVED [ ] APPROVED WITH DELAY* [ ] DENIED* Elizal~ Freedom of Information Officer RECEIVED MAR 17 2OO3 Date Southold Town Clerk * If delayed or denied see reverse side for explanation. Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-1366 TO: BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Planning Board FROM: Board of Trustees DATE: February 27, 2003 RE: JEFFREY HALLOCK Diachun Rd., Laurel SCTM#127-3-9.1 The Trustees currently are reviewing an application of Jeffrey Hallock to improve a right-of-way and add underground utilities on the east side of Brushes Creek, north of Peconic Bay Blvd., in Laurel. While the parcel borders on the eastern side of Brushes Creek, the lot of Mr. Hallock will allow the construction of a single-family home outside of the jurisdiction of the Board of Trustees. The right-of-way is adjacent to the wetlands, so the placement of the "road" will be critical to possible impacts to this area. In order to fully assess the potential impacts, the Board of Trustees will need to know, under current zoning, the maximum number of homes that this road could ultimately serve, and what the Town's specifications for such an access road would be. width shoulder elevation drainage requirements With this information, the Board can require the applicant to mitigate the impacts to Brushes Creek. The Board feels that this project's access should be viewed as a total access road, not something to be added onto at a later date. Cc: Harvey Arnoff, Esq. Albert J. I4rupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 25, 2003 Mr. Jeffrey Halleck P.O. Box 302 South Jamesport, NY 11970 RE: Diachun Rd., Laurel SCTM#127-3-9.1 Dear Mr. Halleck: At our January 22, 2003 meeting, your public hearing relating to an access road off of Peconic Bay Blvd. to service a house lot was held. At that meeting, the Board had concerns that related to the impact that the proposed road would have on the adjacent marsh and wetland of Brushes Creek. In order to protect the Town's resources, the Board of Trustees need more information from you to determine what, if any, impact will occur after the site is developed. To determine the extent of development, the Board needs the following: 1) A letter from the Planning Board stating the total number of lots, or total build-out that the existing right-of-way will serve. 2) The Town road specifications for such a final build-out. This information was requested of you at the public hearing. With this information the Board can make a decision of the impacts of your proposed project. As before, I wilt state that the Board feels that the access road should be placed on the east side of the lots, where it will not impact the wetlands, and where it will not flood during storm events. Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK:lms ~1,/17/200~ 18:~ 8~1727~940 HARVEY A ARNOFF PA6£ 02/05 HARVEY A. ARNOFF Ha~ey A. Arnoff Bridget Flerniag N~argot L. Ludl~rn Colleen Grattan-Amoff, R.N. Attorney At Law 206 1Koanoke Avenue, P.O. Box 329, Riverhe~l, NY I1901-2794 (631) 727-3904 Fax No,: (631) 727-3940* *Not for s¢~tice of legal papers Of Counsel George E Biondo John A- MacLacMan January 17, 2003 Trustees Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 RE: In the Matter of the/ipplication of Jeffrey Hallock SCTM#: 1000 - 127 - 8 - 9.1 and 10 Dear Sirs: This office represents Mr. Jeff Halloek, with regard to the above-referenced application, a hearing on which is scheduled for January 22, 2003. In addition to requesting permission to make certain improvements to a right-of-way as required by the ZBA, Mr. Hallock, in his application, requested permission, "if necessary", to locate a dwelling with attached garage and sanitary system at least 110-115 fL from the nearest edge of tidal wetlands. For the Board' s information, Mr. Hallockhas already received approval for the upland project from the Suffolk County Health Dep~tment and from the New York State DEC. By letter dated November 25, 2002, Mr. Halloek requested that the Board confirm whether or not the Tmstces have jurisdiction over certain of his proposed conslxmetion activities, to wit, the house and sanitary system which are proposed to be located more than 1 O0 feet from the wetlands. As outlined in §§ 97-13, 97-20, this Board's permit jurisdiction extends to landwithin 100 feet of tidal wetlands. The survey accompanying Mr. Hallock's application, and attached hereto, shows that the proposed foundation, cesspool and well are in excess of 125 feet from ~_"!7/2~$ 18:30 S317273940 HARVEY A ARNOFF PAGE ~3/~5 the wetlands. These items are, therefore, outside'the jurisdiction of the Board. It is hereby respect_fully requested therefore, that the Board make a determination of no jurisdiction with respect to these activities. The courtesies of the Board are greatly appreciated Your sincerely, Law Offices of Harvey Amoff BF/dq cc:.Mr, leffrey Hallock 6917273940 HARVEY A ARNO~ PAGE 0i/05 FAX TRANSMISSION LAw OI~IC~;S OE ]~k~¥EY ~ ARNOFF 206 Roanoke Ave., P.O. Box 329 Riverheacl, NY 11901 (631) 727-3904 Fax: (63t) 727-3940 PRIVILEGE & CONg'.H)ENTIALITY NOTICE The information in this faxmesaage is intended only for thc named recipienffs) only. Itmay con'min privileged and confidential matter, If you have received this fax in error, please notify us immediately by a collect tel,~phone call to: (6~ 1) 727-3904 and r~um the original to sender bY ma~l~ ; We will reimburs~ you for postage. Do not disclose the contents to anyone. TMnk you. To-' Fax #: Trustees, Town of Southold 765-1366 Date: January 17, 2003 Pages: {~, including this page From: Subject Bridget Fleming, Esq. In the Matter of the Application of Jeffrey Hallock SCTM#: 1000 - 127 - 8 - 9.1 and 10 COMMENTS: NORTH FORK E:NVlRONME:NTAL COUNCIL, INC. Rt. 25 at Love Lane, PO Box 799, Mattituck, NY 11952 TeL: 631-298-8880 Fax: 631-298-4649 nfecl@optonline.net www.nfecl.org January 9, 2003 Dear Al, We have all come to realize that much of the creek side development that has occurred in Southold over the years was done too close to the water, and with too harsh an impact on the creeks and wetlands. Pesticides and fertilizers from lawns, silt from excavations, marsh filling from bulkhead construction and dredging, bacteria from septic systems and all the byproducts of human activity have had deadly effect on the estuarine nursery that supports and nourishes our Peconic Bay system. The Peconic Estuary Study makes this situation abundantly clear. In spite of past history, Brushes Creek, generally inaccessible to marine craft due to that infamous sinking bridge has maintained an extraordinarily natural, "pristine" state. No dredging or filling, few docks and floats and no beaches. This is an outstanding example of the creek, marsh, and wetland that is the souree of the productive Peconic estuary system. Now there is an application before you (the Diachun / Hallock right of way) that gives us a chance to make a new start on creek side development and to apply what we know. An access right of way is proposed that rtms practically at sea level along and within the wetland buffer on the creek's undeveloped East side. This damaging route proposed in spite of the existence of a prior plan that places the road on the extreme eastern side of the property well away from the creek. There is no reason Al, to accept the present proposal with its risk to the wetlands when a better and safer plan exists right now in your Town Trustees file cabinet. We know now what the preferred environmental plan is and we should not accept less. The desired result of the up coming heating on January 22: "Disapproved. Bring back the plan that protects the wetlands!" President NFEC a non-profit organization for the preservation of land, sea, air and qualit~ of life printed on ~ recycled paper New York State Department of Environmental Conservation Division of Environmental Permits Rm 121, Building 40-SUNY Stony Brook, New York 11790-2356 Telephone (631) 444-0365 Facsimile (631) 444-0360 LETTER OF NON-JURISDICTION Edn M. Crotty Ccn'n~ss~ Mr. Jeffrey Hallock P.O. Box 302 South Jamesport NY 11970 November 20, 2002 NYSDEC # 1-4738-03100/00001 Hallock Property ROW N/S/O Peconic Bay Boulevard Laurel NY SCTM #1000-127-3-10 Dear Mr. Hallock: Based on the information you have submitted, the New York State Department of Environmental Conservation has made the following determination. The property landward of the 10-foot elevation contour interval as shown on the survey prepared by John C. Ehlers last revised on 11/13/02, is~be, yond the jurisdiction of Article 25 (Tida .Wetlands). ' - Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6 NYCRR Part 661), no permit is required. Pie a ' ed how v r - ' sedimenta_tJon, _distu~ fan ki' d may take place seawar~-6f the tidal wetlands iurisdic~d-aq/-~_'~, . ve withou~ a ermit.' 'It is'your responsibility to ensure th'at ali necessary precautions_ are~n to ~nysedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale berm. ' Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies ~uepu y ermi Administrator CC: Permits & Drafting Unlimited Bureau of Marine Habitat Protection File Telephone (631) 765-1892 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New Y~xk 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Conservation Advisory Council held Wednesday, January 15, 2003, the following recommendation was made: JEFFREY HALLOCK to cut into ground of'right-of-way for installation of undergroun(J utilities; and permission to cut base of existing dirt roadway to upgrade with stone materials, and proposed driveway landward of right-of-way. Located: Diachun Rd., Laurel. SCTM#127-3-9.1 The CAC did not make an inspection, therefore no recommendation was made. Jeffrey Ha.,-,-~ P.O. Box South Jamesport (631) 722- Decemb~ Mr. Al Krupski, Jr., President Board of Town Trustees 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Re: Permit Requests of 11-25-02 and 12-4-02 (1000-127-3-10) Dear Mr. Krupski: Please find enclosed corrected Page 1 of the Wetlands Application, to show that the lot number is 1000-127-3-10 for my proposed dwelling with attached garage, driveway, and sanitary system. Although Lot~#1000-127-3-9.1 is also owned by me and vacant, I would prefer to apply the gravel to the right-of- way at the same time as lot 10. Also enclosed are additional full scale prints of the 11-13-02 survey which shows the proposed construction; with the easterly portion of the right-of-way facing my house highlighted in yellow, to show the limited 15-ft. wide area for possible placement of gravel or similar earthen material. Please call me if I may be of assistance in locating my proposed house and related systems. Thank you. Very truly yours, Jeff Hallock Ends. Albert J. Krupsk~ President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 January 2,2003 Mr. Lucien Bohbot 480 North Oakwood Road Laurel, NY 11948 Dear Mr. Bohbot and concerned neighbors: Thank you for your concern for the beautiful parcel to the east of Brushes Creek. It is indeed a relatively unspoiled woodland/marsh area. The Southold Town Board of Trustees is currently reviewing the application to create an "updated" road to access the lots created by the subdivision. Our Board believes that the best location based on the health of the Creek for the access right-of-way should be on the east side of the property. Our review is not complete by any means. You can keep yourself informed of the progress by contacting our office. Very truly yours, Albert J. Krupski, Jr., President Board of Trustees AJK:lms December 18, 2002 Mr. Albert Krupski, James King, Henry Smith, Artie Foster, Ken Poliwoda Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Dear Mr. Poliwoda; We are writing to request that you not endorse an application now before you. If approved, we believe this action would seriously compromise and ultimately destroy part of the tidal wetlands that comprise much of this area. We are referring to the application by Jeffrey Hallock, local builder, (Tax Map Parcel Nos. 1000-127-3-10) to widen an existing right-of-way, which travels north from Peconic Bay Boulevard. This right-of-way is, at times, within 20 feet of the precious wet/ands, not 60 feet as Mr. Hallock's application claims. These are the same wetlands that State Law contends should try to be preserved at all costs. To grant a variance to widen this right-of-way, presently a dirt path, would effectively hammer a nail in the coffin of yet another wetlands nature preserve. Not only that, this wetlands is part of a 22-acre parcel of former farmland. It lies vacant. So, you would be killing off two precious heritages that make the North Fork so special and desirable. Historically, this property, owned by the Diachun family, has been sullied for years. As far back as 1991, and as recently as March of 1998, (Case Number 98-2437) the owner has been in violation of the Town Code and has been cited by your office and the DEC for contaminating the wetlands. There has been considerable dumping in the past. Despite numerous warnings...debris, rotting cars, and contaminates still sit on the edge of the wetlands and on other parts of this property. Like many land decisions on the North Fork--trying to understand them is sometimes difficult. But it's becoming increasingly clear that if we don't try to save the most precarious and precious lands that make this part of the country unique and desirable--there will be little reason to remain here. Page One of Three This 22-acre parcel has one (known) right-of-way. It is former farmland, present open space and it borders on fragile and environmentally vital tidal wetlands. This is precisely the type of land the town is supposed to protect and preserve for future generations. Somehow, the ZBA on January, 2001, allowed the Diachuns to begin the process of using this right-of-way, which is no more than a dirt road, as an access route to new housing. Mr. Hallock, who bought his 3-plus acre property from the Diachuns, and who was deeded this right-of-way, is now the one required to expand it. How did this happen? How did the DEC wash their hands of this wetlands area and how did the ZBA agree to let the Diachuns expand this dirt path to become a permanent road? One can only guess. It is not hard to imagine what will happen next. After the clearing of 15 feet of trees, and a minimum height clearance of 15 feet, the removing of ecologically vital top soil, the laying down of crushed concrete and the hauling of building materials back and forth...it's only a matter of time before yet another pristine part of the North Fork is a distant memory. Trees will mysteriously disappear--maybe hundreds of old spruces and oaks, on which blue herons, and egrets nest. Soon, the swans won't come by and the thousands of ducks and geese won't be heard from. That is one legacy that could happen. It doesn't have to be your legacy. But without your firm resolution, we will all be powerless to stop it. But it is never too late to stop a wrong. You can begin by delaying this expansion of the right- of way until another resolution can be found. Ask yourselves: Did the ZBA ever actually inspect the property and right-of-way before they gave their blessing to widen it? Was a thorough and impartial environmental study of the area and proposed right-of-way undertaken? Apparently, there was an option on the table to put the right-of way in another, less environmentally risky area. Why wasn't that acted upon? It is possible that a suspension of activity will allow all parties involved to dialogue and perhaps reach a better, more sound decision. Page Two of Three The North Fork, as we know it and love it, is fast disappearing. The tidal wetlands that support a myriad of marine wildlife and contribute to the beauty and sanctity of this area are also going. We are leaving little behind... Accordingly, we are asking that you draw a line in the sand and declare that this will not, and cannot, continue. You can stop the imminent destruction by refusing to grant the widening of the right-of-way, a part, of which, is a mere 20 feet or closer from the wetlands. According to the ZBA determination on January 18, 2001, you have the right to "review approval of activities related to the right-of-way improvement and construction." In other words, if you're not satisfied with the decision to expand, you can withhold judgment on the subsequent construction. Allowing this right-of-way, and the ensuing building that will take place on it, could be the beginning of the end of the Brushes Creek wetlands. Instead of a nature preserve, future generations will see trucks, cars, headlights and driveways. Additionally, Mr. Hallock's assessment on his application that his expansion of the right-of- way will have "no impact" on the nearby ecologically delicate wetlands is unconvincing. The application also states that the tree removal along the proposed expansion will be "minor". This, too, is dubious. Removing a swath of 15 feet of trees, some of which are hundreds of years old and 40 feet high, and pouring down crushed concrete to create a permanent road that will run adjacent to the wetlands for more than one linear mile is anything but "minor". Section 661.2 of the Tidal Wetlands Act makes it clear those areas adjacent to the wetlands are sometimes just as important as the wetlands themselves and constitute "an integrated natural system." Those trees are irreplaceable and form a natural barrier for the wetlands. They must not be removed. Let this letter affirm our intention to stop this destruction of the tidal wetlands of Brushes Creek, and preserve them for generations to come. We respectfully hope that you seriously consider our request and act favorably on it. Yours truly, Barbara Laskin, Laurel Al Langenus, Laurel Lucien Bohbot, Laurel Mike Neville, Laurel Marion & John Harrison,Laurel Ray Castronova, Laurel Bill Egan, Laurel Virginia Neville, Laurel Lou Hecker, Laurel Page Three of Three Jeffrey Hallock P.O. Box 302 South Jamesport, NY 11970 (631) 722-3261 December 4, 2002 Mr. Al Krupski, Jr., President Board of Town Trustees 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Dear Mr. Krupski: With regard to the December 11th schedule of inspections, I enclose an application requesting permission to cut into the soil of the existing right-of-way to apply stone blend materials at a width of 15 feet (east edge of roadway), to cut new 15 ft. wide driveway after removal of brush and trees, for fire access from Peconic Bay Boulevard. PROJECT DESCRIPTION: The existing right-of-way is presently a traveled dirt road which needs to be widened only in some areas to 15 f~et wide, and to meet the conditions of the Town ZBA dated 1-18-01. The base of the right-of-way will be cut to allow for proper application of stone materials, then packed, and re-graded. More than half of the driveway is beyond the 100 ft. setback from the closest tidal wetland edge, and the existing right-of-way is approximately 60 ft. from the closest edge of tidal wetland (please see 11-13-02 survey for details). If also necessary in your reviews, permission is requested to build and locate a new dwelling with attached garage and sanitary system at least 125 feet from the edge of the wetlands shown on the survey map dated 11-13-02, prepared by John C. Ehlers, L.S. PURPOSE: A cut into the base of the existing right-of-way easement, and proposed driveway, is required under Town Codes for appropriate fire access to the proposed dwelling. Also, the Town Zoning Board of Appeals on 1-18-01 requires cutting or removal of up to 4" to 6" of loam, then applying the new base with stone materials, and packing or leveling to finish. Page 2 - December 4, 2002 To: Board of Town Trustees PROPERTY LOCATION: Approx. 1850 linear ft. north of Peconic Bay Boulevard, traveled along the existing dirt right-of-way known as Diachun Road, Laurel. County Tax Map Parcel Nos. 1000-127-3-10, and 9.1. [Also see Ref. Marker: LILCO Pole #80 along south side of Peconic Bay Boulevard approximately 700 ft. east of Oakwood Road.] I would be happy to show the property for locating the driveway and right-of-way areas, if you wish on December 11th. Thank you. Very tru~)you,~ Jeff Hallock Enclosures Jeffrey Hallock P.O. Box 302 South Jamesport, NY 11970 (631) 722-3261 November 25, 2002 Board of Town Trustees 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Re: Trustees Determination (Jurisdiction) 1000-127-3-10 of three acres at Diachun Road, Laurel Gentlemen: I own a three-acre lot on the east side of Brushes Creek in Laurel, and will be applying for a building permit soon for my new home. The house with attached garage and porch, and sanitary system will all be greater than 100 feet (approx. 125 ft.) from the nearest wetland, in the location shown on the enclosed survey amended 11-13-02. Would you please confirm whether or not the Trustees have jurisdiction under the wetland ordinances of the Town of Southold with regard to these construction activities. A $40 check is enclosed for your inspection fee, together with a copy of the map that shows the private dirt road off the north side of Peconic Bay Boulevard. Please contact me if any other information is needed. Thank you. Enclosures (3) Very truly yours, Jeff Hallock~ SURVEY OF PROPERTY SITUATE: LAUREL TOWN OF SOUTHOLD SUFFOLK COUNTY, NY tt N~ State Department ~ -~nvironmental Con.ervation Dwi.ion of Environmental Perm~ta Rsmnm 121, Building 40-SUNY y Brook, New.Yo~ 11790-2356 TelephOne (631)444-0355 Facsimile (631) 444-0360 LETTER OF NON-JURISDICTION Mr. Jeffrey Hallock P.O. Box ~:)2 South Jamesport NY 11970 Dear Mr. Hallock: November 20, 2002 NYSDEC # 1-4738-03100/00001 Halloek Property ROW N/S/O Peconlc Bay Boulevard Laurel NY SCTM #1000-127-3-10 Based on the information you have submitte~l., the New York State Department of Environmental Conservation has made the following detarmlnation. ~yhe. p. roperty landward of the 10-foot elevation contour nterval, as shown on the survey prepared ,Jonn C. Ehlers ~ast revised on 11/13/02, is beyond the jurisdiction of Article 25 (Tidal Wetlands). Therefore, in a...c~ordance with the current Tidal. Wetlands Lanai Use Reaulations_ .6( NYCRR Part 661), no permit is required. Please be advised, howeve.r, that no construct~..m~.., sedimentation, or disturbance of any kind may tare place ~eaward of the. tidal wetlands jurisdiCtiOnal boundary as indicat..ed above,: .witho.ut a permit. It is y..OUr responsibdity to ensure, that all necessary P~oue~a~sur~ are taken to .p. reven..t..any.sed,mentation.or, other alterat,on or disturbance to the g . r~. s_.urra.ce or ve~.e~t~on w~n~n. Tidal W. etl.aq, ds lurlsdiction wh ch may result from your projem, uucn precautions may inc;uoe mmntam ng adequate work area between the tidal ~Vree~.nnda j_u.d_s~_n_al ._b0und.ary and yo.ur pr.oJ .ect.(i.e. a 15' to 20' wide COllStructmon area) or ut;unit a temporanj rence, barrier, or nay Dale Derm. Please be furthe.r advised that. th. is letter does not relieve you of the resmmsibitity of obtalninn any necessary permits or approvms Trom other agencies. /' - ° ~ Deputy PE ?mit Administrator CC: Permits & Drafting Unlimited Bureau of Madne Habitat Protection File AISPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD ?.O. Box ! Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 18, 2001 Appl. No. 4902 ~ ROSE DIACHUN 1000-127-3-8 and 10; 3-9.1, 9.2; 78-17.3 and 17.4. STREET & LOCATION: Diachun Road (a private right-of-way) extending off the northerly side of Peconic Bay Boulevard, Laurel DATE OF PUBLIC HEARING: January 4, 2001 FINDINGS OF FACT Property Facts/Description: The Applicant, Rose Diachun, is the owner of lands identified on the County Tax Maps as 1000-127-3-9.1 and 10, located approximately 1680 feet north from Peconic Bay Boulevard. The applicant is requesting a determination by the Board of Appeals to establish by variance, minimum construction standards for safe and sufficient access for emergency and other vehicles to travel over the above-identified land, as required by New York Town Law, Section 280-A. New York Town Law, Section 280-A states that no building permit may be issued until minimum standards have been determined. Applicant is proposing a single- family dwelling use at an undetermined future date on Lot 10 with access over lands of Eleanor Diachun from Peconic Bay Boulevard. The remaining lands, are identified as Block/Lots, part of 08-17.3, 08-17.4, 03-10, 03-9.1, 03-9.2, and 03-8, all as shown on a December 7, 1999 survey map, amended January 24, 2000, prepared by John C. Ehlers, L.S. Basis of Application: The Building Inspector's Notice of Disapproval dated October 26, 2000 in the filing of a building permit application for review, Southold Town Zoning Code Article XXlII, Section 100-235-A, and New York Town Law, Section 280-A. Relief Requested: Applicant requests a Variance under New York Town Law, Section 280-A establishing the minimum improvements and standards necessary for access by fire and other emergency vehicles to a future single-family dwelling and possible accessory buildings. Applicant does not meet the minimum access requirements of Section 100-235A of the Southold Town Zoning Code. Board Resolution: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT approval under New York Town Law, Section 280-A for access over a private-of-way, subject to the following CONDITIONS and IMPROVEMENTS: 1) the applicant's right-of-way must remain open and unobstructed for a minimum width of 15 feet for its entire length; 2) Improvements, with continuous maintenance in good condition at all times: a) from Town road (Peconic Bay Boulevard) to E. Diachun house on Lot 17.4; b) from E. Oiachun house on Lot 17.4 to beginning of wooded vacant Lot #17.3, the right-of-way must be widened to a minimum width of 15 feet and be unobstructed to a minimum height clearance of 15 feet. c) from start of wooded area, part of Lot 17.3, straighten right-of-way as much as possible by removing trees that impede travel. Straighten right-of-way as much as possible by removing trees that impede travel on right-of-way. d) for Lots 03-8 and 10, 03-9.1 and 9.2: remove approximately 4 to six inches of loam, pack base and replace with four inches of crushed concrete as needed. Some areas may need six inches. Compact or roll material into base, and finish top coat with two inches of % in. stone blend. 3) Applicant shall send a letter to this Department confirming when the above have been completed, for inspection and acceptance. No certificate of occupancy shall be issued until the right-of-way has been inspected and accepted in writing by the Chairman (and one member of the Board of Appeals) as to meeting the above construction standards. 4) Additional improvements may be made at the owner's discretion. 5) Town Trustees' review approval for activities related to right-of-way improvement and construction. To: TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL UPDATED Rose Diachun 875 School House Road Cutchogue, New York 11935 Date: PLEASE TAKE NOTICE that your application dated September 18, 1998 For permit to Construction ora new single family dwellino at Location of Property 430 Diachun Road Laurel. New York 11948 County Tax Map No. District 1000- Section 127 - Block 03 - Lot 10 Is returned herewith and disapproved on the following grounds: The above referenced lot does not meet the minimum access requirements of Section 100-235 A. Of the Southold Town Code. 10,'12 '02 ~UE 09:00 FAX 516 ?§B ~5 $OUTHOLD CLERK ~ 001 EI-I~,ABETH A. i~EVIT,T,I~, i Town Hall, 53095 Main Road TO%VI%T C[~illq.~ P.O. ~ox ] 179 REGI~ OF ~T~ ~ATI~CS Southold, Now York 11971 ~AGE O~ICER OFFICE OF T~ TO~ C~RK {f ~ U~ 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. TO: (Department or Officer, if known, that has the information you are re~ RECORD YOU WISH TO INSPECT: (Describe 'the record sought. If possible, suppJy date, f~e title, tax map number, and any other pertinent information.) Signature °f Applicant :. //~~~~, .ailing Add.ss (if di~[ferent from above): [ ] APPROVED ' [ ] APPROVED WITH DELAY* [ ] * If delayed er denied see reverse side for exptam~tlo.. DENIED* I~te RECEIVED DEC 9 $outhnld T~,,,~ ~'1,,.I. Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/10/02 Transaction(s): 16 Cash Photocopies Receipt~: Total Paid: 0 Subtotal $4.00 $4.00 Name: ClerklD: Bohbot, Barbara Lawski 505 E 79th St #7 M Nyc, NY 10021 LINDAC Internal ID: 64539 ~) COUNTY OF SUFFOLK Real. Prol~erty Tax Ser~,ice I~iver~ead., t. L0 New -/~ 3&'.'.'.t LAW OFFICES OF HARVEY A. ARNOFF Supervisor Josh Horton September 16, 2003 Page -2- I look forward to hearing either frOm you or from the Trustees so that this matter will no longer lay dormant as it has (apparently) for many, many months due to no fault of either your Board or of the Trustees. Again, I would like to thank you for your cooperation and prompt attention to this matter. HAA:rg cc: Jeff Hallock Town Trustees Albert J. Krupski, President James King, Vice-President Artie Fester Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD F: D: R: Trustees, Southold Town Scott Hughes, Senior Environmental Planner 13 August 2003 Hallock proposed driveway. SCTM# 1000-127-3-10 I have reviewed the plans for the proposed driveway, have visited the site, and offer the following comments and suggestions. Brushes Creek is a modestly sized waterbody with a proportionately high amount of healthy marshlands on the east shore. Conversely, due to waterfront over-development and the irresponsible and damaging environmental practices of the majority of the properties on the west side, the western shore is being over run by phragmites and offers a very low environmental value. This has contributed enough stress to the Creek that any other disruption (such as this proposal to put an improved road near/within the wetlands) may cause further harm to the system. Keeping a blind eye to the non-environmental matters of the application; it is my opinion that the driveway should not be constructed as proposed. Whether it be any of the three proposed widths in the file (8', 15', 16') and "creatively engineered" to control its runoff, it is just too close to the wetlands to risk such environmental damage. My recommendation is to disapprove the proposal and, if possible, move the right-of-way and siting of the driveway to the rear (eastern) part of the propm'ty. Otherwise at the very most, allow the driveway to remain unimproved and as-is for access to the building lot. CCi Mark Terry, S.E.P. Chris Arfsten, NYSDEC Matt Penski, NYSDEC AU6 1 3 2C 3 Southold Town Board ot Trustees Albert J. Krupeki, Pr~knt H~m~ Sm~ Ken Poliwoda Town Hall 5S09~ Main Road P.O. B~ 1179 Southokl, New Y~k 11971 Telephone (516) 76~-18,~ Fax (516) ?$5.1823 BOARD OF TOWN TRUSTEES TOWN OF 80UTHOLD OfficeUseOnly ~0astal Erosion Pe.r?it Appl~&~/~1 etland Permit Appllcation~Yk~) Grandfather Permit Applica~/ Waiver/Amendmen?Changes ~ ~'~ec--~ved Appli~tion.~ ,~ompletedApplication/~/~c~. Incomplete , . __SEQRA Classification. Type I__~.II Unlisted __~Coordination.(dat~ sent) ~-CAC Referral Sent. /2/~/~31~---- ~-Date of Inspection: Receipt of CAC Report: Lead A~enc~Deter~ination~ Technical Heview~ , Public Hearing Held: , ,Resolution: Name of Applicant Jeffrey Hallock P.O. Box 302, South Jamesport, NY 11970 Address ?hone N~ber: S~o~k Co~t~ T~ ~p N~ ~000 ~iaehun Road (~r~va~e road) off N/s Peeonie Bay Boulevard 2 o~ along east side of Bru~h~ Cree~ {prov&de LILCO ~le ~, dtst~ce to cross streets, and l~atton) AG~T: NON~ { If applicable) Adc~'eBs: Phone: FAX!: Board of Tnmteee Applicat~ C4~RRA~ DATA Land Area (in square feet): 120,000 sq. fi. minimum Area Zoning:,,, R-80 Residential Zoning Previous use of property: Vacant land; existing din ri~ht-of-way Intended use of property: Private residence. Prior permits/approvals for site improvements: Agency Town Zoning Board of Appeals NYS DEC Da~e 1-18-01Right-o~way Specification Requirements. 11-20-02 (attached) X No prior permits/agprov&ls for site improvements. Has any pez~ttt/approval ever been revoked or suspended by a govermaental agency? X No Yes If yes, provide explanation: (none) Pro~ect Description. (use attacli~ents If necessary): Request permission to cut into ground of right-of-way for installa{i~n of underground ~tillfitss; santl ~n~rraissi~n to ent hssa of ~xistin_~ dirt roadway to un~rade with stone materials as required by the Southoid Town Zoning Board of Appeals decision dated Jan. 18, 2001 {cedi ~_~_~e~__~_ - _a_r~p~o~ ~- ztan,) .,,~.'~olnin~ ~. ~ ~,. ~ mm.1 ~7.~.~ n. o_1: o ~'~,a :.~o~s~ drive landward of right-ogway (to the eas0. (Also, permission is requested, if necessary, to locate dwelling with attached garage and sanitary system at least 110-115 ft. from nearest edge of tidal wetlands; all as shown as shown on the 11-13-02 survey preparea Dy Jonn ~. ~mers, ~.~. Purpose of the proposed operations: New residence with 15 ft. wide driveway access and fire vehicle access to meet New York Town Law, Section 280-A over an existing private roadway, with upgrade material required by Town Code; also utility installation within right-of-way. Area of wetlands on lot: a_n_nro× lq000 so. ~ square feet Percent coverage of lot: Building coverag~ under 10%. Closest distance between nearest existing structure and UPland edge of wetlands: No buildings feet Closest distance ~etwee~.~earest proposed structure and upland edge of wetlands: Annrox. i ~ feet Does the project involve excavation or filling? No X Yes for 2" cut into soil as described in Project Description. If yea, how much material will be excavated? None rem~q~n~ya[~ing of soil' How much material will be filled? None cubic yards ' Approx. 6" deep. Depth of which material will be removed or deposited:. feet Cut into soil 2,~ and up to max. 6" in a few areas of roadway and driveway. Proposed slope throughout the area of operations: Less than 10% slope. Manner in which material will be removed or deposited: Light machinery to cut top of right-of-way and level. State~mnt of the effect, if any, on the wetlands and tidal waters of the town ~hat may result by reason of such proposed operations (u~e attachments if appropriate): Activities are minor with scaping of 2" to 4" or 6" of too of existine ri~_ht-of-way: also Cut brush and trees for 15-fi. wide right-of-way, and upgrade with crashed stone or similar material. No activities will occur at less than 60+- fi. at closest point from tidal wetland edge. Board of ~te~e Application Utility installation, cut top of roadway for Purposes of proposed activity:. renJae~ment nfefnn~ m.fnri. I tn ' · .J.h, A~ ............ el dr' ~e ~t~ pzesene ~Xthin 75 feet of ~e p~o~s~ ~c~iviky2 ~o X ~ driveway, upgrade to di~ road, minor tr~ removal. m~ng mp o~ m~ roauway, unveway, and utili~ ins~llafions. No Yes If Yes, h~ ~ch ~aterial will ~ excavated~~ ~)i~O SOil H~ much ~terial will ~ fill~? ~' ~H~ i~tO SOi~ .(c~ic yards) ~aom~ mac~mc~ to cut top of roadway ~ utility h~t~lution m~d Describe the nature and ~xtent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) No impact; area of activity is landward of existing traveled dirt road. PROOF OF 1H~.U~G OF NOTIC~ ATTACH CERTII?I~D MAIL R~ Name: Eleanor Diachun Addrem: Peconic Bay Blvd., Laurel, NY 11948 Half Hollow Nursery Realty Corp. 624 Deer Park Ave., Dix Hills, NY 11746 Eleanor Diachun P.O. Box 61, Laurel, NY 11948 Land Under Water Town Clerk, Town of Southold, 53095 Main Rd., P.O. Box 1179, Southold, NY 11971-0959 Ann Marie McVeigh 475 Morris Ave., Rockville Centre, NY 11570 James Murray, Jr. Peconic Bay Blvd., Laurel, NY 11948 Ellen Braunstein STATE OFNEW YORK COUNTY OF SUFFOLK Dolores Quick P.O. Box 182, Laurel, NY 11948 ~residingm 206,Roanoke Ave., ., being duly sworn, d~l~oses and say~ that on tho 15t-h ~1~i)7 6f - '.ir ........ ,20 0 -i, deponent mailed a true copy of the Notice" set forth, m the Board of Tmstoes Ataphcatton, directed to each of the aboye nam persons at the addr~sos set opposite there respective names; that the add~sses sot opposito the namos of gaid porsons are the addrogs of said porson~ as shown on the mmmt assessment wll of the Town of Southold; that said Notie,** w~a* mailed at the United State~ Post Office at Ri v~rhoact , that said Notic, os were mailod to each of said pomona by (omin~d) ~ mail Sw0m to beforo me this' BRIDGET FLEMING Notary Public State df New Yo~ NO. 02FL6059052 Oualifisd In Kings County ~mmis$1on Expires May 21, HARVEY A. ARNOFF Harvey A. Arnoff Bridget Fleming Margot L. Ludlam Paralegal Colleen Grattan-Arnoff, R.N. Attorney At Law 206 Roanoke Avenue, P.O. Box 329, Riverhead, NY 11901-2794 (631) 727-3904 Fax No.: (631) 727-3940* *Not for service of legal papers Of Counsel George E Biondo John A. MacLachlan January 15, 2003 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Ann Marie McVcigh 475 Morris Ave. Rockville Centre, NY 11570 RE: In the Matter of the Application of Jeffrey Hallock SCTM#: 1000- 127- 8- 9.1 and 10 Dear Ms. McVeigh: Enclosed please find the "Notice to Adjacent Property Owner" and accompanying survey with regard to a heating concerning the above referenced premises. BF/dq Your sincerely, Law Offices of Harvey Amoff Bridget Fleming cc: Mr. Jeffrey Hallock (via regular mail) HARVEY A. ARNOFF Harvey A. Arnoff Bridget Fleming Margot L. Ludlam Paralegal Colleen Grattan-Amoff, R.N. Attorney At Law 206 Roanoke Avenue, P.O. Box 329, Riverhead, NY 11901-2794 (63I) 727-3904 Fax No.: (631) 727-3940* *Not for service of legal papers Of Counsel George E Biondo John A. MacLachlan January 15, 2003 VIA CERTIFIED MAlL RETURN RECEIPT REQUESTED Half Hollow Nursery Realty Corp. 624 Deer Park Ave. Dix Hills, NY 11746 RE: In the Matter of the Application of Jeffrey Hallock $CTM#: 1000- 127- 8 - 9.1 and 10 Dear Sirs: Enclosed please find the "Notice to Adjacent Property Owner" and accompanying survey with regard to a hearing concerning the above referenced premises. BF/dq Your sincerely, Law Offices of Harvey Amoff Bridget Fleming cc: Mr. Jeffrey Hallock (via regular mail) HARVEY A. ARNOFF Harvey A. Arnoff Bridget Fleming Margot L. Ludlam Paralegal Colleen Grattan-Arnoff, R.N. Attorney At Law 206 Roanoke Avenue, P.O. Box 329, Riverhead, NY 11901-2794 (631) 727-3904 Fax No.: (63I) 727-3940* *Not for service of legal papers Of Counsel George F. Biondo John A. MacLachlan January 15, 2003 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Eleanore Diachun P.O. Box 61 Laurel, NY 11948 RE: In the Matter of the Application of Jeffrey Hallocl~ SCTM#: 1000- 127- 8- 9.1 and 10 Dear Ms. Diachun: Enclosed please find the "Notice to Adjacent Property Owner" and accompanying survey with regard to a hearing concerning the above referenced premises. BF/dq Your sincerely, Law Offices of Harvey Amoff Bridget Fleming cc: Mr. Jeffrey Hallock (via regular mail) HARVEY A. ARNOFF Harvey A. Arnoff Bridget Fleming Margot L. Ludlam Paralegal Colleen Grattan-Arnoff, R.N. Attorney At Law 206 Roanoke Avenue, P.O. Box 329, Riverhead, NY 11901-2794 (631) 727-3904 Fax No.: (631) 727-3940* *Not for service of legal papers Of Counsel George E Biondo John A. MacLachlan January 15, 2003 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Eleanore Diachun Peconic Bay Blvd. Laurel, NY 11948 RE: In the Matter of the Application of Jeffrey Hallock SCTM#: 1000- 127- 8- 9.1 and 10 Dear Ms. Diachun: Enclosed please find the "Notice to Adjacent Property Owner" and accompanying survey with regard to a heating concerning the above referenced premises. BF/dq Your sincerely, Law Offices of Harvey AmOff Bridget Fleming cc: Mr. Jeffrey Hallock (via regular mail) HARVEY A. ARNOFF Harvey A. Arnoff Bridget Fleming Margot L. Ludlam Paralegal Colleen Grattan-Arnoff, R.N. Attorney At Law 206 Roanoke Avenue, P.O. Box 329, Riverhead, NY 11901-2794 (631) 727-3904 Fax No.: (631) 727-3940* *Not for service of legal papers Of Counsel George E Biondo John A. MacLachlan January 15, 2003 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Ellen Braunstein P.O. Box 182 Laurel, NY 11948 RE: In the Matter of the Application of Jeffrey Hallock $CTM#: 1000- 127- 8- 9.1 and 10 Dear Ms. Braunstein: Enclosed please find the "Notice to Adjacent Property Owner" and accompanying survey with regard to a hearing concerning the above referenced premises. BF/dq Your sincerely, Law Offices of Harvey Arnoff Bridget Fleming cc: Mr. Jeffrey Hallock (via regular mail) HARVEY A. ARNOFF Harvey A. Arnoff Bridget Fleming Margot L. Ludlam Paralegal Colleen Grattan-Arnoff, R.N. Attorney At Law 206 Roanoke Avenue, P.O. Box 329, Riverhead, NY 11901-2794 (631) 727-3904 Fax No.: (631) 727-3940* *Not for service of legal papers Of Counsel George E Biondo John A. MacLachlan January 15, 2003 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Town Clerk Town of Southold 53095 Main Rd. P.O. Box 1179 Southold, NY 11971-0959 Attn.: Land Under Water RE: In the Matter of the Application of Jeffrey Hallock SCTM#: 1000- 127- 8 - 9.1 and 10 Dear Sirs: Enclosed please find the "Notice to Adjacent Property Owner" and accompanying survey with regard to a hearing concerning the above referenced premises. BF/dq Your sincerely, Law Offices of Harvey Amoff Bridget Fleming cc: Mr. Jeffrey Hallock (via regular mail) HARVEY A. ARNOFF Harvey A. Arnoff Bridget Fleming Margot L. Ludlam Paralegal Colleen Grattan-Arnoff, R.N. Attorney At Law 206 Roanoke Avenue, P.O. Box 329, Riverhead, NY 11901-2794 (631) 727-3904 Fax No.: (631) 727-3940* *Not for service of legal papers Of Counsel George E Biondo John A. MacLachlan January 15, 2003 VIA CERTIFIED MAIL RETURN RECEIPT REOUESTED Mr. James Murray Jr. Peconic Bay Blvd. Laurel, NY 11948 RE: In the Matter of the Application of Jeffrey Hallock $CTM#: 1000- 127- 8- 9.1 and 10 Dear Sirs: Enclosed please find the "Notice to Adjacent Property Owner" and accompanying survey with regard to a hearing concerning the above referenced premises. BF/dq Your sincerely, Law Offices of Harvey Amoff Bridget Fleming cc: Mr. Jeffrey Hallock (via regular mail) Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Halt 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES ToWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application ............. UFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING , residing at 7~ Dated:~J,~ ~,~O03 Sworn f~ before me this 2003 /~ot ary P~bl ic / TRISHA B. GREEN ~/ Notau Public, State of New Yo~ No, 01GR6007700 Qualified in Suffolk County Commission ~pires May 26, 20~ being dul!~sworn, depose and say: That on the day of ~ q~.200~, I personally posted the property known as ~7- ~- ~0 ~ ~,% ~ ~O~ 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 eight days prior to the date of~he public hearing. Date of hearing noted thereon to be held ~ Board of Tnmtees ~pLt.cat.tJ County of Suffolk State of Ne~York Jeffrey Hallock BEING DULY ~ I~I~SES ~ ~FI~I~S T~T HE/S~ IS ~ ~P~ ~ ~'~ ~ D~B~ ~T(S) ~ ~T ~ ~~ ~ ~ ~ ~ ~ ~Y BE ~ ~ ~ ~ ~ ~~U~. ~S~ ~ ~ ~ ~ OF ~ P~T{S), IF ~'~. ~ ~PLI~. 2002. Notary Ptlbl~c NOT~-¥ PUBLIC, STATE OF/~ ~,. , · ~ . NO 52-4~24771 O! !" ! !r':EO IN SUFFOLK COU~ pno. Jscr ~ Nu~,.,,:n SEQR SHORT ENVIRONMENTAL ASSESSMENT FORM fro' UNMATED ACTIONS only PART.,' .'ROJECT INFORMArION (To be complet~l bY Applicant or Project sponsor) ~ New ~ ~on ~ ~n/~ation Memo' OCT 2 5 2U04 SoutholdTowfl Board of Trustees pares To: Albert Krupski, President, Trustees, and others From; Barbara Laskin, Laskin Media Inc. Re.. Hallock Permit No. 5985 October 20, 2004 Dear Mr. Krupsld; I want to express my personal disappointment in your recent derision allowing Mr. Hallock to "improve" the existing path along the Western edge of Brushes Creek. To view the widening of this pdvate road ("Diachun Road") in such a narrow, restricted way, deliberately undercuts the reality of what will happen, and I believe, your lawful mandate to protect and preserve the Wetlands. Unfortunately, despite your ruling, this road can potentially serve many houses, not just one. Once the road is in, despite this decision, it can conceivably serve any new homeowner who comes along. That's what our attorney argued all along. After all, new builders with lots only have to appear before you for a permit, dght? And the road, all 1425 feet of it, is already there, dght? It is unwise to render this decision without proper safeguards and monitoring systems. Already, under your noses, many trees have disappeared. There are more openings ("holes") than ever before. We're not blind. We live on the Creek. The very people who are cutting down these trees are the same people who have been issued two violations over the years for dumping junk in the Wetlands. The Town has never enforced the violations they issued. Therefore, there is no incentive for this family---or any other--to stop what they're doing. This is the same family with whom Mr. Hallock has partnered. It is unfathomable how such an important, and laborious decision of yours can be made without making certain it will be lawfully carded out. You also seem, rather incomprehensibly, to disregard the advise of your own, hand-picked expert, who concluded that this application, if approved, would seriously harm the Western Wetlands. (in fact, it seemed to observers that the Trustees were simply waiting for an "expert" they could agree with.) The area in which this path exists is a Cdtical Environmental Area. Not to do a complete Environmental Impact Statement is narrow- minded, and, in my opinion, an abrogation of your duty. You have chosen to see this project through the lens of a pinhole. Ultimately, the developer won. The Landowners won, too. And all those who own property and want to do whatever they want with it, won too. The Town, the existing community and future generations lost. Ddve down Peconic Bay Boulevard in five years.., and let us know what you see. The fruits of your decision will be evident. Yes--you spent 19 months c~oming to this decision. I'm sure you feel you did everything you could and reached a reasonable conclusion/compromise. In my opinion, and many others, you made a mockery of the process. In this, Mr. Hallock and I would probably agree. It was mostly window-dressing, and nothing more. The dght decision would have been, as all the environmental experts (both local and State) concluded, to either le.ave thfl~/.oad as-is, or insist that Mr. Hallock access his lot from the Eastern side of his propert~'~away from the V~Cetlands. Why was that option---a true opportunity for success for everyono not seriously considered? At the very least, a full Environmental Impact Study should have been done. The BIG picture--the LONG-TERM impact-is what's relevant here. We have lots of photos documenting just how beautiful and exceptional the Brushes Creek Wetlands are. It will be very interesting to see what the comparison pictures will look like years from now. Finally, I'm not suggesting for a moment this decision was an easy one. There were many competing interests to consider, including ours. But your job, in the end, is not to please all of them. It is, first and foremost, to preserve and protect the Wetlands, as best you can. I think you lost sight of that. Please feel free to discuss this with me at any time. After all, I live here, too. Best regards, Barbara Laskin c.c. Matthew Atkinson, Tim Kelly, Mark Terry, Jim Houser · Page 2 617.20 Appendix A AUG state Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Snuthold Town Board of Trustees Purpose: The full EAF is designed Lo help applicants and agencies determine, in an orderly manner, whether a project or action may be significant, The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be tachnically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance, The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of nformation to fit a project or action. Full EAF comPOnents: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Par~s 2 and 3. Part 2: Focuses on identifying the range of'possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR ~ AGENCY_ USE ONLY DETERMINATION OF SIGNIFICANCE -- Type I and Unlisted Actions Identify the Portions of FAF completed fol' this project: [] Part1 ~ Part 2 r~Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: MA. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. F'--] B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared, * r--~ c. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. · A Conditioned Negative Declaration is only valid for Unlisted Actions Proposed Improvements to an Existing Right-of-Way ~ Property of Jeffrey Hallock Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) website Date Page 1 of 21 PART 1--PROJECT INFORMATION Prepared by ProJect Sponsor NOTICE: This document is designed to assist irt determining whether the act[on proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3, It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action Proposed Improvements to an Existing Right-of-Way - Property of Jeffrey Halleck Location of Action (include Street Address, Municipality and County) North side of Peconic Bay Boulevard (east of Brushes Creek), hamlet of Laurel, Town of Southold, Suffolk County Name of Applicant/Sponsor Jeffrey Halleck Address City/PoP.O. Box 302, South Jamesport Business Telephone (631) 722-3261 StateNew York Zip Code 11970 Name of Owner (if different) same Address City/PO Business Telephone State Zip Code Description of Action: The proposed action includes cutting two to six inches of the top of an existing partially-cleared, 15-foot-wide swath within an existing right-of-way ranging from 25 to 50 feet in width. Within the existing partially-cleared, 15-foot-wide swath, which is approximately 1,680 feet in length, is an existing eight-foot-wide roadbed. The proposed action includes the realignment of two sections of the existing eight-foot-wide roadbed and the placement of stonebland on the roadbed. The two sections of the roadbed to be realigned are 132 linear feet and 108 linear feet. As part of the proposed action, the applicant is proposing the installation of utilities along the east side and beneath the 15-foot-wide swath (via trench). It should be noted that prior to undertaking any construction activities, haybaIes would be placed along the entire west side of the 15-foot-wide swath to protect the adjoining tidal wetlands. The eight-foot-wide roadbed, within the 15-foot-wide swath, will provide access to an approved residential lot. Pursuant to documentation provided by Robert H. Fox, PLS of Sea Level Mapping (copy annexed), 28 trees were identified along the eastern side of the 15-foot-wide swath. In order to maintain the 15-foot-wide swath, a total of 15 trees would be cut to the ground leaving the stomp and grinding it in place to final grade, twelve trees would be limbed (on the western side) to a height of 12 feet, and approximately 380 square feet of understory plants would be removed. The additional vegetation removal and cuUing is necessary to provide the minimum required access mrsuant to Code § 100-124. Page 2 of 21 Please Complete Each Question-.Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: [] Urban [] Industrial [] Commercial J~ Forest D Residential (suburban) ~ Rural (non-farm) D Agriculture [] Other Existine nartiallv-cle~red. 15-foot-wide sw~lh within existin~ right-of-wpy Total acreage of project area: 0.58± (represents entire length of right-of-way, however, only 0.04 acre will be acres, affected by proposed roadbed realignment) APPROXIMATE ACREAGE (25,200 sq. fi.) Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24,25 of ECL) Water Surface Area Unvegetated (Reck, earth o¢ fill) Roads, buildings and other paved surfaces Other (Indicate t~pe) PRESENTLY AFTER COMPLETION 0 acres 0 acres 0.01 acres 0 acres 0 acres 0 acres 0 acres 0 --. acres 0 acres 0 acres 0.57 acres 0.58 acres 0 acres 0 acres 0 acres 0 acres 3. What is predominant soil type(s) on project site? Plymouth Loamy Sand, 3-8% slopes (PIB) a. Soil drainage: J~Well drained ! 00 % of site [] Moderately well drained ~ Poorly drained % of site % of site. If any agricultural land is involved, how many acres of soil are classified within soil group I through 4 of the NYS Land Classification System? ]q//~ acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? n Yes [] No a. What is depth to bedrock 1,1 ] 0~ (in feet) 5. Approximate percentage of proposed project site with slopes: J~0-10% 100 % ~10- 15% % ~ 15% or greater 6. Is project substantialN contiguous to or contain a building, H storic Places'~ [] Yes ~ No site, % or district, listed on the State or National Registers of 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [] Yes []No 8. What is the depth of the water table? 8± (in feet) 9. Is site located over a primary, principal, or sole source aquifer? [] Yes [] No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? [] Yes J~No Page 3 of 21 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? []Yes [] No Accordin~l to: [Site inspection. The 15-foot-wide swath which is the reject s te s artia c eared ....... I 12. Are there any unique or unusual land forms on the project site? (i,e., cliffs, dunes, other geological formations? ~Yes [~JNo Describe: I 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? DYes [~No 14. Does ~he present site include scenic views known to be important to the community? DYes 1 5. Streams within or contiguous to project ama: 16. a. Name of Stream and name of River to which it is tributary Lakes, ponds, wetland areas within or conti[~uous to ~'o~ect area: Yes - Brushes Creek b. Size (in acres): IState - designated Wetland of unknown size Page 4 of 21 17. Is the site served by existing public utilities? n Yes a. If YES, does sufficient capacity exist to allow connection? (However, utilities exist on Peconic Bay Boulevard. The existing right-of-way extends from Peconic Bay Boulevard to an approved ] residential lot on which the applicant intends to construct a N°sin 1 ' g e-family home. No utlht es ex st on the res denfia lot.) []~es []No (underground trenching to b. If YES, will improvements be necessar-j to allow connection? [~]Yes r~NoCOnnect utilities from L.~ public read) Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? D es IX'l"o 19. Is the site located in or substantially contiguous to a Critical and 6 NYCRR 617? [] Yes [] No Environmental Area designated pursuant to Article 8 of the ECL, Brush's Creek 20. Has the site ever been used for the disposal of solid or hazardous wastes? B. ProJect Description DYes ~ No Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: 5.88 acres. b. Project acreage to be developed: 0.58 acres initially; 0.58 c. Project acreage to remain undeveloped: ,0 acres. d. Length of project, in miles:N/A (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. N/A f. Number of off. street parking spaces existing N/A ; proposed N/A g. Maximum vehicular trips generated per hour: N/A h. If residential: Number and type of housing units: N/A . (However, 0.57 acre is already cleared within acres ultimatelY.the right-of-way. Also, lot development is not part of this action nor is it under the jurisdiction of the Town Trustees) (upon completion of project)? Initially One Family Two Family Multiple Family Condominium Ultimately i. Dimensions (in feet) of argest proposed structure: N/A height; N/A j. Linear feet of frontage along a public thoroughfare project will occupy is? N/A 2. How much natural material (i,e. rock, earth, etc.) will be removed from the site?0 3. Will disturbed areas be reclaimed DYes DN0 []N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? width; N/A length, ft. (project includes placement of stone blend on the eight-foot-wide roadbed) tons/cubic yards. c. Will upper subsoil be stockpiled for reclamation? [] Yes [] No How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0.0] acres. (see Attached) Page 5 of 21 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ~No 6. If single phase project: Anticipated period or construction: 7. If multi-phased: months, (including demolition) a. Total number of phases anticipated. (number) b. Anticipated date of commencement phase 1: month year, (including demolition) c, Approximate completion date of final phase: month . year. d. Is phase 1 functionally dependent on subsequent phases? ~ Yes [] No 8. Will blasting occur dudng construction? ~ Yes [] No 9. Number of jobs generated: during construction 3 ; after project is complete 0 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? [] Yes ~ No If yes, explain: 12. Is surface liquid waste disposal involved? ~ Yes [] No a. If yes, indicate type of waste (sewage, industhal, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? [] Yes ~1 No Type 14. Will surface area of an existing water body increase or decrease by proposal? []Yes r~No If yes, explain: 1 5. Is proJect or any portion of project located in a 100 year flood plain? [] Yes 1 6. Will the project generate solid waste? [] Yes [~No a. If yes, what is the amount per month? tons b. If yes, will an existing solid waste facility be used? ~ Yes ~ No c. If yes, give .name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? [] Yes ~No Portions of the existing right-of-way are situated in Zone AE (EL =8 ft.). However, the portions of the 8-foot-roadbed to be realigned are not in a 100-year flood plain. ]No Page 8 of 21 e. If yes, explain: 17. Will the project involve the disposal of solid waste? DYes []No a. If yes, what is the anticipated rate of disposal? __ tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? OYes [] No 19. Will project routinely produce odors (more than one hour per day)? [] Yes [] No 20. Will project produce operating noise exceeding the local ambient noise levels? DYes ~No 21. Will project result in an increase in energ), use? QYes [] No If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity N/A gallons/minute. r da N/A 23, Total anticipated water usage pe y gallons/day. 24, Does project involve Local, State or Federal funding? ~ Yes ~ No If yes, explain: Page 7 of 21 25. Approvals Requked: Cibj, Town, Village Board (Board of Town Trustees) Yes [] No City, Town, Village Planning Board ~Yes ~No Type Wetlands Permit Submittal Date City, Town Zoning Board Yes [] No City, County Health Department DYes [] No Other Local Agencies DYes [] No Other Regional Agencies ~Yes [] No State Agencies []Yes ~ No Freshwater Wetlanclq Permit Federal Agencies [] Yes ~ No Zoning and Planning Information Does proposed action involve a planning or zoning decision? ~Yes If Yes, indicate decision required: D Zoning amendment ~ Site plan D No []Zoning variance ~ Special use permit []New/revision of master plan r~ Resource management plan Page 8 of 21 D Subdivision ~ Other Wetlands Permit 2, What is the zoning classification(s) of the site? 1~40 Reside~iia' (fro~1250-feet)and ~gri~ulturabConservaii~n (A-~) 3. What is the maximum potential development of the site if developed as permitted by the present zoning? The proposed action is limited to the improvements to an existing roadbed within a 15-foot-wide swath, and the installation I of utilities beneath same. 4. What is the proposed zoning of the site? IN/A 5. What is the maximum potential development of [he site if developed as permitted by the proposed zoning? N/A Is the proposed action consistent with the recommended uses in adopted local land use plans? [] Yes What are the predominant land use(s) and zoning classifications within a ~4 mile radius of proposed action? Residential; R-40 Residential (R-40), R-80 Residential (R-It0) and Agricultural Conservation (A-C) 8. Is the proposed action compatible with adjoining/surrounding land uses with a Y4 mile? 9. If the proposed action is the subdivision of land, how many lots are proposed? N/A a, What is the minimum lot size proposed? Yes [] No Page 9 of 21 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [] Yes [] No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? NYes []No a. If yes, is existing capacity sufficient to handle projected demand? 12. Will the proposed action result in the generation of traffic significantly above present levels? a. if yes, is the existing road nebNork adequate to handle the additional traffic. DYes D. Informational Details ........ DYes [] No ]Yes [] No I No Atb3ch any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Jeffrey Hallock, by Freudenthal and Elkowitz Consulting Group, Applicant/Sponsor Name Environmental Consultant Revised August 26, 2004 Date April 16, 2004 If the acUon is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this asssssmerlt. Page 10 of 21 F~Or%: Pa.r~a S~n'. c TC~D/FRX PHONB NO. : ~ROO ~:'~ ~ ~?',~ · K LANE ~:~ PH 631 722 ~' ' ' - ~ CELL 516-7~601 Att: Jeff Hallock Rug, 28 2884 04:40PH P02 August Re: Proposed Tree Removal along Existing Traveled Road off Peconic Bay Blvd. Laurel. SCT# 1000-127.3.10 As per your request, a site inspection was conducted on the above premises on August 18, 2004, with regard to the proposed tree rmbmg and removal along the x;stmg traveled road to your lot. Using a copy of the John Ehlers Survey, last dated April 16, 2004 - I offer the following detailed Project Description; Along the eastern side of the existing traveled road, there are 28 trees that have been flagged for the purpose of maintaining a 15' wide passage as per the Town. All of these trees have been selected on the landward side of the traveled road to prevent any changes to the wetland side. As you head north up the existing road, the first group of flagged Oak trees (12) are on the right side near the remains of the burned shed area, some are damaged and dying. """" 6") In this area the following is proposed; the first 8 Oak trees ( 8", 10,4,4,6,8", 4", wfll be cut to the ground leaving the stump and grinding it to final grade. The next 4 Oak trees (6", 6", 10', 8") will be limbed on the western side to a height of about 12' to provide the required access width. In this area there will be virtually no removal of understory plants - as non exists. The reason for this area is to re-align the road and move it further from the Wetlands. Still further nodh, another area for re-alignment has 5 Oaks flagged (10", 8", 8", 8", 6"). Here- the first one (10") will be limbed on the western side to a height of about 12'. The Next 4 will be removed with the stumps ground to final grade in order to provide the required 15' wide passage, in this area approximately 380 square feet of understory plants will be removed (mixed species 2-3' high) to provide full access width. The final area has 11 trees flagged, 8 of them will be limbed o ' n their western sides to 12' high and 3 of them will be removed with the stumps ground down to final grade (14" Pine, 3" Oak, 5" Oak). There wirl be virtually no understory plants removed in this area. Robert H. Fox, PLS Totals * Remove 15 trees (14 Oaks, 1 Pine) leaving stumps and grinding to final grade Limb 12 trees on the western side to 12' high Remove approximately 380 square feet of understo~ plants in one area. Respectfully submitted, ..,, , . ,,.,, % August 27, 2004 VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED Ms. Heather Tetrault Town of Southold 53095 Route 25 P.O. Box 1179 Southold, New York 11971 Re: Revised Long Environmental Assessment Form (EAF) Proposed Improvements to an Existing Right-of-Way Property of Jeffrey Hallock North side of Peconic Bay Boulevard Laurel, Town of Southold ,', ...... , ,'x,,, 5,,d< '!72; 2 7 2004 $euthold Town Board 0~ Trustees Dear Ms. Tetrault: On behalf of the applicant, Mr. Jeffrey Hallock, Freudenthal & Elkowitz Consulting Group, Inc. has revised the EAF for the above-referenced project. Transmitted herewith are one original and one copy for your review. Should you have any questions, please do not hesitate to contact me. Sincerely, FREUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. ~G[~ny Watral Vice President, Planning GW/th enc. cc: H. Amoff, Esq. w/enc. J. Hallock w/o enc. 617.20 Appendix A State Environmental Ouality Review FULL ENVIRONMENTAL ASSESSMENT AU~ 2 7 23}4 S0uth01d Town Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly whether ~a~o~c-ltr~¥~tion may be significant. The question of whether an action may be significant is not always eas) a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis, In .addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance, The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF comPOnents: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact, The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCy USE ONLY DETERMINATION OF SIGNIFICANCE -- Type I and Unlisted Actions Identify the Portions of EAF completed for this project: ~ Pa~ 1 r~ Part 2 ~Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: .~.A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared. * Print or Type Name of Responsible Officer in Lead Agency S'gnature of Re~'ponsible Offic& in Lead/Agency The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Proposed Improvements to an Existing Right-of-Way - Property of Jeffrey Hallock Name of Action Name of Lead Agency Title of Responsible Officer Signature of Preparer (If different from responsible officer) website et, r..l Date Page 1 of 21 PART 1--PROJECT iNFORMATION Prepared by ProJect Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significsnt effect on the environment, Please complete the entire form, Parts A through E, Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and wilt not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action Proposed Improvements to an Existing Right-of-Way - Property of Jeffrey Hallock Location of Action (include Street Address. Municipality and County) North side of Peconic Bay Boulevard (east of Brushes Creek), hamlet of Laurel, Town of Southold, Suffolk County Name of Applicant/Sponsor Jeffrey Hallock Address City / POP.O, Box 302, South Jamesport Business Telephone (631) 722-3261 StateNew York Zip Code11970 Name of Owner (if different) same Address c~y/PO Business Telephone State Zip Code Description of Action: The proposed action includes cutting two to six inches of the top of an existing partially-cleared, 15-foot-wide swath within an existing right-of-way ranging from 25 to 50 feet in width. Within the existing partially-cleared, D-foot-wide swath, which is approximately 1,680 feet in length, is an existing eight-foot-wide roadbed. The proposed action includes the realignment of two sections of the existing eight-foot-wide roadbed and the placement of stoneblend on the roadbed. The two sections of thc roadbed to be realigned are 132 linear feet and 108 linear feet. As part of the proposed action, the applicant is proposing the installation of utilities along the east side and beneath thc 15-foot-wide swath (via trench). It should be noted that prior to undertaking any construction activities, haybales would be placed along the entire west side of the 15-foot-wide swath to protect the adjoining tidal wetlands. The eight-foot-wide roadbed, within the 15-foot-wide swath, will provide access to an approved residential lot. Pursuant to documentation provided by Robert H. Fox, PLS of Sea Level Mapping (copy annexed), 28 trees were identified along the eastern side of the 15-foot-wide swath. In order to maintain the 15-foot-wide swath, a total of 15 trees would be cut to the ground leaving the stump and grinding it in place to final grade, twelve trees would be limbed (on the westem side) to a height of 12 feet, and approximately 380 square feet of understory plants would be removed. The additional vegetation removal and cutting is necessary to provide the minimum required access )ursuant to Code {~ 100-124. Page 2 of 21 Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of' overall project, both developed and undeveloped areas. 1. Present Land Use: D Urban []Industrial ~ Commercial [] Residentia, (suburban) ~ Forest D Rural (non-farm) D Agriculture [] Other Existing t~aniallv-eleared. I5-foot-wide swath within existing right-of-wg¥ (represents entire length of right-of-way, however, only 0.04 acre will be 2. Total acreage of project area: 0.58± APPROXIMATE ACREAGE (25,200 sq. ~.) Meadow or Brushland (Non-agriculturaD Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24,25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) acres, affected by proposed roadbed realignment) PRESENTLY AFTER COMPLETION 0 acres 0 acres 0.0] acres 0 acres 0 acres 0 acres 0 acres 0 acres 0 acres 0 acres 0.57 acres 0.58 acres 0 acres 0 acres 0 0 acres acres 3. What is predominant soil type(s) on project site? Plymouth Loamy Sand, 3-8% slopes (P1B) a. Soil drainage: [~Well drained l Q0 % of site [] Moderately well drained % of site. DPoorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group I through 4 of the NYS Land Classification System? N/A acres (see 1 NYCRR 370). 4. Am there bedrock outcroppings on project site? ~ Yes [] No a. What is depth to bedrock 1,110± (in feet) 5, Approximate percentage of proposed project site with slopes: [~O-10% 100 % r~lo. 15% % D 15% or greater % 6. Is project substantial~ontiguous to or contain a building, site, or district, listed on the State or National Registers of Historic Places? LJ Yes [] No Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [] Yes r~No What is the depth of the water table? 8± (in feet} Is site located over a primary, principal, or sole source aquifer?, r~Yes [] No []Yes []No 8. 9, 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Page 3 of 21 11, Does project site contain any species of plant or animal life that is identified as threatened or endangered? DYes [] No Accordin~l to: I JS?e inspection. TOe .15-foot-wide swath wh cl~. S the projects t~.s pgg a~ y c earp~ ~ ......... J 12, Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? []Yes []No Describe: 1 3, Is the project site presently used by the community or neighborhood as an open space or recreation area? DYes []No 14. Does the present site include scenic views known to be important to the community? 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary Lakes, ponds, wetland areas within or contiOuous to pro~ject area: 16. Yes- Brushes Creek b, Size (in acres): State' ° n tFn,i z Page 4 of 21 17, Is the site served by existing public utilities? N Yes a. If YES, does sufficient capacity exist to allow connection? (However, utilities exist on Peconic Bay Boulevard. The existing right-of-way extends from Peconic Bay Boulevard to an approved ~ residential lot on which the applicant intends to construct a N°single-family home. No utilities exist on the residential lot.) (underground trenching to b, If YES, will improvements be necessa~j to allow connection? [] Yes ~"]NoConnect utilities from ~ public road) 18, Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? DYes I~]No 19, Is the site Iccated in or substantiall~ccontiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? []Yes ~No Brush's Creek 20. Has the site ever been used for the disposal of solid or hazardous wastes? B. ProJect Description Yes [] No 1, Physical dimensions and scale of project (fill in dimensions as appropriate), a. Total contiguous acreage owned or controlled by project sponsor: 5.88 acres. b. Project acreage to be developed: 0.58 acres initially; 0.58 c. Project acreage to remain undeveloped: 0 acres. d. Length of project, in miles:N/A (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. N/A f. Number of off-street parking spaces existing ~N/A ; proposed N/A g, Maximum vehicular trips generated per hour: N/A (upon completion of project)? h. If residentiah Number and type of housing units: N/A acres I-i . · (However, 0,57 acre is already cleared within U t mainlY.the right-of*way. Also, lot development is not part of this action nor is it under the jurisdiction of the Town Trustees) Initially One Family Two Family Multiple Family Condominium Ultimately i. Dimensions (in feet) of largest proposed structure: N/A height; N/A j. Linear feet of frontage along a public thoroughfare project will occupy is? N/A How much natural matedal (i.e. rock, earth, etc.) will be removed from the site?0 I~N/A 3. Will disturbed areas be reclaimed DYes a. If yes, fo~ what intended purpose is the site being reclaimed? b, Will topsoil be stockpiled for reclamation? ~ Yes c, Will upper subsoil be stockpiled for reclamation? 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0.01 width; N/A , length, ,ft. (project includes placement of stone blend on the eight-foot-wide roadbed) tons/cubic yards. acres. (see Attached Page 5 of 21 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? DYes ~No 6. If single phase project: Anticipated period of construction:] months, (including demolition) 7, If multi-phased: a. Total number of phases anticipated ~ (number) b, Anticipated date of commencement phase 1: ~ month ~ year, (including demolition) c. Approximate completion date of final phase: ~ month year. d. Is phase 1 functionally dependent on subsequent phases? [] Yes [] No 8. Will blasting occur dudng construction? ~ Yes [~ No 9. Number of jobs generated: during construction 3 ; after project is complete 0 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? ~ Yes ~ No If yes, explain: 12. Is surface liquid waste disposal involved? [] Yes [] No a. If yes, indicate type of waste (sewage. industrial, etc) and amount b. Name of water body into which effluent will be discharged 13, Is subsurface liquid waste disposal involved? [] Yes [] No Type 14. Will surface area of an existing water body increase or decrease by proposal? []Yes r~No If yes, explain: 15, Is project or any portion of project located in a 1 O0 year flood plain? [] Yes 16. Will the project generate solid waste? [] Yes [] No a. If yes, what is the amount per month? tons b. If yes, will an existing solid waste facility be used? [] Yes [] No c, If yes, give [mme ; location d. DNo Portions of the existing right-of-way are situated in Zone AE (EL -8 ft.). However, the portions of the 8-foot-roadbed to be realigned are not in a 100-year flood plain. Will any wastes not go into a sewage disposal system or into a sanitary landfill? [] Yes [] No Page 6 of 21 e. If yes, explain: 17. Will the project nvolve the disposal of solid waste~ DYes []No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? __ years. 18. Will project use herbicides or pesticides? DYes [] No 19. Will project routinely produce odors (more than one hour per day)? ~ Yes [] No 20. Will project produce operating noise exceeding the local ambient noise levels? [] Yes [] No 21. Will project result in an increase in energy use? ~Yes [] No If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacityN/A gallons/minute. 23. Total anticipated water usage per day N/A gallons/day. 24. Does project involve Local, State or Federal funding? [] Yes [] No If yes, explain: Page 7 of 21 25. Approvals Required: City, Town, Village Board (Board of Town Trustees) Yes [] No City, Town, Village Planning Board DYes [] No Type Wetlands Permit Submittal Date City, Town Zoning Board DYes [] No City, County Health Department DYes [] No Other Local Agencies []Yes [] No Other Regional Agencies ]Yes [~ No State Agencies [] Yes [] No Freshwater Wetland~ Permit Federal Agencies N Yes [] No C. Zoning and Planning Infomlation 1. Does proposed action involve a planning or zoning decision? [i~]Yes [] No If Yes, indicate decision required: [] Zoning amendment [] Zoning variance [] New/revision of master p[an N Site plan ~ Special use permit [] Resource management plan Page 8 of 21 b'~ Subdivision MOther Wetlands Permit 2. What is the zoning classification(s) of= the site? I~ :0 Reside:tia' (fr°nt 250-feet) and Agriculturaii~:nserv:t:°n (A'C) 3. What is the maximum potential development of the site if developed as permitted by the present zoning? The proposed action is limited to the improvements to an existing roadbed within a 15-foot-wide swath, and the installation of utilities beneath same. 4. What is the proposed zoning of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? I N/A 6, Is the proposed action consistent with the recommended uses in adopted local land use plans? [] Yes [] No 7. What are the predominant land use(s) and zoning classifications within a ~ mile radius of proposed action? Residential; R-40 Residential (R-40), R-80 Residential (R-80) and Agricultural Conservation (A-C) 8. Is the proposed action compatible with adjoining/surrounding land uses with a ¥4 mile? ~ Yes [] No 9. If the proposed action is the subdivision of land, how man), lots are proposed? N/A a. What is the minimum lot size proposed? Page 9 of 21 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [] Yes [] No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? DYes []No a, If yes, is existing capacity sufficient to hand e projected demand? [] Yes ~ No 12, Will the proposed action resuJt in the generation of traffic significantly above present levels? a, If yes, is the existing road network adequate to handle the additional traffic. DYes D. Info,.~iional Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. / Title President ~ Revised August 26, 2004 Date April 16, 2004 If the acUo~ is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 FROM : Panasonic TAD/FA× PHONE NO. : Aug. 28 2004 04:40Phl Pg2 PH 631-722.33~0 CELL 516-?00-6601 Att: Jeff Hallock August lB, 2OD4 Re: Proposed Tree Removal along Existing Traveled Road off Peconic Bay Blvd. Laurel. SCT# 1000-127.3.10 As per your request, a site inspection was conducted on the above premises on August 18, 2004, with regard to the proposed tree rmb~ng and removal along the existing traveled road to your lot. Using a copy of the John Ehlers Survey, last dated Apdl 16, 2004 - I offer the ollovang detaded Project Description; ¢ ' , Along the eastern side of the existing traveled road, there are 28 trees that have been flagged for the purpose of maintaining a 15' wide passage as per the Town. All of these trees have been selected on the landward side of the traveled road to prevent any changes to the wetland side. s you head north, up the existing road, the first group of flagged Oak trees (12) are on the right side near f~e remains of the burned shed area, some are damaged and dying. In this area the following is proposed; the first 8 Oak trees ( 8", 10", 4,4,6,8,4", will be cut to the ground leaving the stump and grinding it to final grade. The next 4 Oak trees (6', 6", about 12' to provide the equ~red access width. In this area there wiJJ be virtually no removal of understory r ' 10", 8") will be limbed on the western side to a height of plants - as non exists. The reason for this area is to re-align the road and move it further from the Wetlands. Still further north, another area for re-alignment has 5 Oaks flagged (10", 8", 8", 8", 6"). Here- the first one (10") will be limbed on the western side to a height of about 12'. The Next 4 will be removed with the stumps ground to final grade in order to provide the required 15' wide passage. In this area approximately 380 square feet of understory plants will be removed (mixed species 2-3' high) to provide full access width, The final area has 11 trees flagged, 8 of them will be limbed on their western sides to 12' high and 3 of them will be removed with the stumps ground down to final grade (14" Pine, 3" Oak, 5" Oak) There will be virtually no understory plants removed in this area. ' Robert H. Fox, PLS Totals. Remove 15 trees (14 Oaks, 1 Pine) leaving stumps and grinding to final grade Limb 12 trees on the western side to 12' high Remove approximately 380 square feet of understory ..p,.lants in one area. PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE THRESHOLD IN 6 NYCRR, PART 617.47 If yes. coordinate the review process and use the FULL EAF B WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS N 6 NYCRR, PART 617 69 If No, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1 Existing air quality, surface or groundwater quarity or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: JAny advers; ~fects Will be mitigated through the use of turbidity screen-and] havbales. Road imnrovements will renuire that the ~rade Be hitched l~n~war8 C2 Aesthe c, agr cu ural, archaeological historic, or other natural or cul{ural resources; or comm~ity or neighbori~ood character? Explain briefly: I No; the action will remove trees landward of the existing road; the buffer between Brushes Creek and the existin re wi ~ ad 11 net be affected, C3 Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain bdefly: IAction proposes to remove 15 trees. No known threatened or endangered species exist within the project area. C4. A community's axis ng pans or goals as officially adopted, or a change in use or intensity of use of and o¢ o her natural resources? Explain briefly: C5 Growth, subsequent development or related activities likely to be induced by the proposed action? Explain briefly: No~ the proposed action will serve one single family residence. C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: None' C7. Other impacts (including chan~es in use of either quantl~ or ~pe of energy? Explain briefl}/: D. W1LL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA ICEAI? tlr vas, explain briefly: ~]Yes ~lNo ~ ' · ' E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If }'es explain: [] Yes ~]No The proposed action, although controversial, will not result in a ~si~gnifican~ environmental impact.,,, PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadveraee~ectidentifiedab~ve~determinewhetheritissubstantia~~~arge~imp~rtant~r~therwisesigni~cant~ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (0 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, the determination of significance must evaluate the potential impact of the proposed action on the environ mental characteristics of the C EA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/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 acfior WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessa~, the reasons supporting thi.. determination. Southold Trustees Name of Lead Agency Albert Krupski Print or Type Name of Responsible Officer in Lead Agency 'g P ' ad Agency Date President, Board of Trustees Signature of Preparer (If different from responsible officer) SURVEY OF PROPERTY SITUATE: LAUREL TOWN OF SOUTHOLD SUFFOLK COUNTY, NY Southold Town · P1ONUf"IENT EOUND · 5TA~ POUND O PIPE FOUND S69'%9' 40"~ AI~EAS OF ROAD RE ALIgNmENT SHALL BE REVZ®ETATED IdlTH NATIVE SPEC, lES JOHN C. EHLERS 6 EAST MAINSTREET R1VERHEAD, N.Y, 11901 369-8288 Fax369-8287 LAND 600 36' 600 36' 6 O 'O \ \ \ \ \ % \ \ SURVEYOR N.Y.S. LIC. NO. 50202 REF: \XHp server\dLPROS\02-305D.pro % ®~APHIC SCAL~