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HomeMy WebLinkAboutBay Ave .~,.". '. ;~ ~ .'. .1--... "',;.,;..', . ."..~.,., JUDITH T. TERRY TOWN CLERK REGISTRAR OF VIT AL STATISTICS MARRIAGE OFFICER < ; ..... ). ; / .- /. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 / 1 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 27, 1992 Gary Tabor Navy Street Orient, New York 11957 Dear Gary: Enclosed is a check in the amount of $150.00, which represents the refund of your Maintenance Bond for Excavation Permit No.2, the project on Bay Avenue, East Marion. This was required to be held for three years from the date of the release of the Surety Bond, which was approved by Superintendent of Highways Jacobs on January 25, 1989. Very truly yours, ~~ Judith T. Terry Southold Town Clerk Enclosure cc: Supt. of Hwys. Jacobs . . \ , J: 017689 "1 ii.':'! c:: jNrY r~ATior~AL i3AI~K ':y 1:.I'-,~ ,jQUNT January 27, 1992 017689 .TOI'41\l f.lf r r.=O""'~OO I. S~UT~~Ot.r;..ww.~) t:t~lt;~ e'L,S $150.00 01-1[':':"1 OF Gary Tabor Navy Street Orient, NY 11957 q ~ .-,.,9-.....---,D !/ . x:::....'c~.'y(--< ?/~,.,-r~-~ 11'0 ~ ?!;B '111' 1:02 Uto 51,!; 1,1: !;:1 000001, Oil' Vendor 1119996 ~,'r.:-':'-~'--<t,~;""'C"'-~'t," -;-.~t'''''''''''i''''!'~,~'''-'..:K''~^'''---r ".'~'~~'~ ~!~:;&.J)~'~;:';" ,""\.'JI.,.~" ,..:,-~.t>.,'~"_.:.,~~:.<;;~~_,...~._~1.. l.:c_"h~~;:;"~;~","' :_::,L:';:,~~:~r~[(~':~~~C::.'~~~:~ ..n....'c...z;"""'""..."....,. ....:_""...~i~~"',j,,.,, ;f."I..;.;J~~~tr T1.030 010292 Highway Excavation Permit 112 $150.00 -------_/ '~.....<. L~ -"'.:-.;j .,. ,e mOlTH T. TERRY TOWN CLERK REGISTRAR OJ: VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 1179 Southo1d, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 30, 1989 Gary Tabor Navy Street Orient, New York 11957 Dear Gary: This office has been notified by Superintendent of Highways Jacobs that he authorizes the release of your Surety Bond with respect to High- way Excavation Permit No. 2 concerning work on Bay Avenue, East Marion. I am therefore enclosing herewith $300.00 check representing said Surety Bond. Please be advised that the $150.00 Maintenance Bond for this project is being retained by the Town and cannot be released until January 25, 1992 (three years from the date of the release of the Surety Bond). Very truly yours, J~ Southold Town Clerk E nclos u re cc: S upt. of Hwys. J acoJ;>s " . . . #. Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765.1801 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STA.TISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 25, 1989 JOHN: Please draw a check in the amount of $300.00, payable to Gary Tabor # which amount represents the release of a security check for a Highway Excavation Permit. (You are still holding a $150.00 Maintenance Bond with respect to this same permit, and It will not be released until January 25, 1992). :~-, -). ..... ... ..-. . . . . Highway Department Town of Soulhold Peconic Lane Peconic, N.Y. 11958 January 24, 19B9 IlE<BVH> JAM 2 5 1989 (516) 765-3140 (516) 734-5211 FAX (516) 765-1750 RAYMOND L. JACOBS Superintendent $auIhoId Town derll Judith T. Terry Southold Town Clerk Main Road Southold, New York 11971 Dear Mrs. Terry: I have inspected the work on Bay Avenue, East Marion Permit # 2, File No. # 2 and authorize the release of the Surety Bond. RAYMON L. JACOBS Sup't of Highways . . JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765.1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 3,1987 Gary Tabor Navy Street Orient, New York 11957 Dear Gary: On April 7, 1986 you were issued a Permit for Highway Excavation and Repair with respect to the water line project at Bay Avenue, East Marion. At that time you submitted a Surety Bond in the form of a $300.00 check, which is returnable upon completion of the job, inspection and auth- orization of the Superintendent of Highways. If you have completed the work, kindly notify Superintendent of High~ ways Raymond Jacobs, and request a tinal inspection. If everything isin order this office will authorize the refund of your Surety Bond. Very truly yours, ~- Judith T. Terry Southold Town Clerk cc: Supt. of Hwys. Jacobs . . Highway Department Town of Southold Peconic Lane Peconic, N.Y. 11958 RAYMOND L. JACOBS Superintendent F~ECEIVE: f\i'if~i:\ '1 1287 March 17, 1987 -i""v.... ri......I. ~t"llltj'ofd Judith T. Terry Town ClerkJ Town of Southold Main Road Southold, New York 11971 Dear Judy: This is to advise you that the Security Bonds that are being held for Elmore Associates, Gary Tabor, Sound Shore Excavation Corp. and Briarcliff Sprinkler Systems, Inc. have not requested a final inspection; therefore I do not recommend the refund of their Security Bonds. Very truly yours, RAYMON~'OB' Sup't of Highways j Tel. 765-3140 . 734-5211 . . JUDITH T. TERRY TOWN CLHO": REGISTRAR OF VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 1986 Re: TOWN CLERK APRIL MONTHLY REPORT. JOAN: Explanation with respect to Excavation Permits, Surety Bonds, and Maintenance Bonds: Permit Fees - $491.00 - Part Town Highway Receipts. Security Bonds: Permit #1 - Elmore Associates Inc. $300.00 - Returnable upon completion of job. Permit #2 - Gary Tabor $300.00 - Returnable upon completion of job. Permit #3 - Sound Shore Excavation Corp. $300.00 - Returnable upon completion of job. Maintenance Bonds: Permit #1 - Elmore Associates Inc. $100.00 - Keep for three (3) years. Then is returnable. Permit #2 - Gary Tabor $150.00 - Keep for three (3) years. Then is returnable. Permit #3 - Sound Shore Excavation Corp. $100.00 - Keep for three (3) years. Then is returnable. I have set up a system for the return dates, and will notify you when to draw a check. I think you should set up your journal to at least note Excavation Surety Bonds & Maintenance Bonds, and the Excavation Permit Number for easy referal. v;;. Ar-'- . - . . 1OC:;I'IED APR 2 9 1986 1'_o-l-~ 145 Lakeview Terrace PO Box 357 East Marion, NY 11939 April 29, 1986 Dear Southold Town Supervisor Frank Murphy Town Councilwoman Jean Cochran Sustice Raymond W. Edwards Councilman George Penny IV Councilman James Schondebare Councilman Paul Stoutenberg In the absence of any response to my memorandum of March 01, 1986 and to my letter of April 22. 1986 reI Quality of Water and the Bay Avenue - Rabbit Lane Project and the unprecedented nature of the project, I suggest that the Town Supervisor and Town Board appoint an im~rtial in- vestigator of the situation. It is unprecedented~that it is extremely rare for one project to involve trenching of 1200' of Town ROW on Bay Avenue to lay four (4) plastic water sup- ply pipes with an accompanying three ()) wire cable for each supply pipe and to cross a freshwater lake. Does one usual- ly permit trenching before all permits are in order? When the trenching started on Thursday, April 17th, I called the Highway Department to ascertain what was going on. I was told that the Highway Department did not issue trench- ing permitsl that was a function of the Town Clerk's Office. A call to the Town Clerk's Office indicated that the permit did not indicate what was to be trenched and that there was a bridge intervening between the points of trenching, the wellsite on the Schimatz property and Rabbit Lane. What was approved to be trenched? Private water supplies are not usually located on Town ROW. Did not anyone say that this unusual and we should look into it? ~~ " , r~ ~ , s\- " I .. ~, ~l " '\ On page) of 4 of my memorandum of March 1st, I stated " that as of the end of January 1986 there was no DEC permit on file and that Town wetlands were involved. On page 4 of 4, I asked if consideration would be given to driving pipe under under driveways and Lakeview Terrace entrance. The purpose was to not inconvenience the residents I it would also provide a sleeve. The project was ramrodded and no sleeves were laid. I understand that is one of several violations. In response to my memo, Mr. Lessard, Exec. Adm. of the Building Dept., responded to Supervisor Murphy on March 7th stating that plastic pipe as a source of water supply is not permitted by law. A copy of Mr. Lessard's memo was routea-to the Highway Department and the Trustees. That was March 7th. I received a copy through Supervisor Murphy on April 19th. 1 of 3 . . . In the light of that information on March 7th, how could one authorize trenching with plastic pipe on April 7th? How could one authorize trenching knowing that Town wetlands were involved and there was no Town wetlands per- mit? Mr. Lessard's memorandum and mine indicated that wet- lands were involved. Was it foreordained at that point a Town wetlands permit would be issued? I can well imagine the hullabaloo and law suits if a contractor trenched for two (2) miles and then was de- nied a permit to cross wetlands. How come this project started before a wetlands permit was issued? There would be no problem at thYs- time if the Rabbit Lane Association had granted four (4) more hook-ups to its water system, but ....... The Rabbit Lane Association stood its ground and determined that its water supply system could serve no more houses. It would be the straw that broke the camel's back. I feel that the nitrates and phosphates from additional houses will break the lake's back. How much is too much? Who is going to or is in a position to take a stand? I do not live on the lake, but I visit it at least twice a day. The lake used to, bounce back from road runoff and debris, but no more. It seems incongruous that the Dowd - Schimatz property on the lakeside of Rabbit Lane is fill~d in wetlands. Several years ago, fill was dredged from the lake with a crane and a bucket. It was legal at the time. Fill could have been trucked in, but it was easier ~o rape the lake. Morally, the residents on the north lake front thought it was wrong, but... The wellsite on the Schimatz property is on property con- siderably filled in over the past three years, possibly wet- lands has been involved. Filled in site to filled in site: How closely has the Dowd - Schimatz property been in- spected for plants indigenous to wetlands by the DEC, the ToWn Trustees or the Building Department? Are there no wet- land plants within 75' of the almost completed Dowd house? I say "almost" as it is apparent it needs 'i;o be backfilled. Who makes the inspections and reports to whom? Verbally or in writing? Who coordinates the information? It has been alleged that "yellow markers" are missing in the trench. Who: inspected the trench before backfilling? Before backfilling a house basement, the Building Depart- ment makes an inspection. What other violations are buried in the trench? 2 of J - . . Why are four (4) plastic water supply pipes needed to supply four (4) houses with water in a trench on Town ROW, whereas the Rabbit Lane Association has been using one (1) pipe to supply several homes? In the light that the Rabbit Lane Association galva- nized"water supply pipe was replaced approximately four (4) years ago without a DEC permit and with severe dis- turbance to the wetlands and the lake bottom and the Rabbit Lane Association members have had no problem with water sup- ply, I strongly urge that the pipe remain undisturbed, In my estimation, the Bay Avenue project is ill con- cieved and there are alternatives other than disturbing the lake, that Town, County, and State agencies and departments have not interacted with one another; and that no one person or elected/appointed body has been given the authority to approve a project of this nature. A person or a department has the authority to approve part of the project, but there is no one person or agency to determine if the parts fit together. The Suffolk Times article and local gossip are genera- ting terms associated with the projectl "passing the buck", ineptness, incompetence, arrogance, "COA", assessing blame, lack of coordination, insensitivity, and crisis management. If this project has so many faults on land, how can it even be considered in the water? In a project of this type and scope, there must be a public hearing. Its nature will have an impact on the Town. It may be that the Public Service Commisssion and the Suffolk County Water Authority should be involved. Sincerel'JX?tYO s, 41011 ; f/,H Frank Heroy c.c. Mr. Henry P. Smith, Pres. of Town Trustees Town Trustees Mr. Paul Ponturo, Suffolk County Health Dept. Mr. Dennis Cole. DEC v1Mrs. Judith Terry, Town Clerk Mr. Victor Lessard, Building Department Mr. Ray Jacobs, Highway Dept. Mr. Mark Middleton, Pres. of Lakeview Terr. Rd. Assoc. Mr. Tim Gould, Suffolk Times 3 of 3 -I' . . 145 Lakeview Terrace PO Box 357 East Marion, NY 11939 April 22, 1986 Dear Supervisor Frank Murphy Councilwoman Mrs. Jean Cochran v'Justice Raymond W, Edwards Councilman George Penny IV Councilman James Schondebare Councilman Paul Stoutenberg Exec. Adm. Victor Lessard, Building Dept. Supt. Ray Jacobs, Highway Department Pres. of Town Trustees, Henry P. Smith Southold Town Clerk, Judith Terry On March 1, 1986 I submitted to the Town Supervisor and the Town Board a scenario based upon rumor and a few facts. The rumors became fact on Thursday mornin~, April 17th. Between Thursday and Friday afternoon, four (4) pieces of plastic pipe and four (4) sets of 3 wire cable were placed in a trench on Bay Avenue in East Marion. The trench was dug between the four (4) well connections on the Schimatz- Schmidt property south to Lakeview Terrace and backfilled. The Town Clerk's Office, not the Highway Department as I had originally presumed, has issued a permit for Gary Tabor to dig a trench on the east side- of Bay Avenue in the ROW from the Schimatz - Schmidt property south to Rabbit Lane, a distance of approx!mately 1200 feet. A trench is then planned to run 150 to 390 feet east on Rabbit Lane to specified pieces of property. It is a run of approximately t of a mile from a good quality water source to property which has had salt water intrusion for at least forty (40) years. That is my primary concern. In the Boatd's presentation of the Master Plan, it was pointed out that five (5) acre zoning was necessary south of Route 25 in Orient to prevent or to decelerate salt water intrusion to the property. Are you being consistent and fair if you permit the propos~d t mile water pipe run and you did not present it as an alternative to five (5) acre zoning? Are you not encouraging people to purchase property on the east - west center line of the North Fork for the water rights to be sold or leased rather than home development? You will be encouraging a hodge podge of small and large, individual and community water systems, hopping over' ohe another always inland to secure a source of clean water. A chaotic situation is arising in the immediate future. I resented my going to the Supervisor's Office on Friday afternoon, April 18th, to sign my March 1, 1986 memorandum to indica~e that it was my memo and I was serious. My name and ad- dress-were thereon and could have been checked by a telephone oall. I felt insulted and I am even more serious about the me- chanics of the situation. \ . . From telephone conversations on Thursday and Friday of the week past with the Town Clerk's Office, I ascertained that the trenching permit did not specify what was to be placed in the trench and how. It was suggested that I call the Highway De- partment to obtain the answers, but I had called the Highway De- partment earlierto be informed that only the Clerk's Office is- sues trenching permits. It was interesting to note when I asked that there was no notation that a bridge on Bay Avenue over Marion Lake might cause a problem. What data are required on a trenching permit? In my memorandum of March 1st, I indicated that no DEC application was on file as of the end of January and that Town wetlands are involved. The DEC permit is in the name of the Rab- bit Lane Association, the trenching permit - Gary Tabor, the Town wetlands permit application - Gary Tabor, and the Board of Health permit _ Schimatz or Dowd or ? It is confusing. In Mr. Lessard's memo of March 7th, he stated that plas~ic pipe was not permitted by law. 1. Why was the contractor not informed that a Town wet_ lands permit was needed in addition to the trench- ing permit? 2. Did the Town know or care that a DEC permit was issued? 3. If the March 7th Mr. Lessard memo stated that plas- tic pipe was not legal, why was not the contractor informed? (When I questioned this on A~ril 21st, it was for the first time. It is legal.) 4. I am still waiting to hear if a performance bond and proof of liability insurance are required? I 5. If plastic pipe and electric cable are to be placed in the same trench near a gas main, what are the Town specifications? 6. Who is the engineer or electrician or plumber of record? 7. Why aren't sleeves necessary around buried pipes and wires under driveways and roads? I believe Southold is the only town exception on LI. 8. Why was it a surprise for a Town representative to discover not one (1), but ~ (4) buried plastic pipes and ~ sets of cables? '. . . 9. Do the plastic pipe and cable meet Town specifi- cations for burial? 10. Were the plastic pipes and cables trenched and buried to the satisfaction and requirements of the Town? 11. Will there be room in the ROW in the future to run individual water lines and cable from each house on Rabbit Lane, Lakeview Terrace, Cozee Cove, and all other housesto a water field north of all the houses on and, adjacent to Bay Avenue? Will Gardiners Bay Estate be next? I, am still concerned with the water connection boxes pro- truding above ground, not all, but some, on the east ROW south of the bridge. Liability insurance is a growing problem. I am concerned with a wetlands application even being con- sidered at this time as muskrat houses are in the north bank of the Lake near the bridge, it is breeding season. There is also a mallard hen nesting in the same area to the east. The swan has been sitting on her nest on the east side of the lake since Palm Sunday. With an incubation period of )6 or so days, the cygnets are due this month. There should be no activity to frighten the cygnets, the ducklings, and the muskrat young. Evidently, it is relatively easy to obtain a trenching per- mit compared to my ordeal and thoroughness when I applied for a six (6) foot fence permit. Does the Town intend to grant permission to anyone who has salt water intrmsion or to subdivide a plot so there are no fresh water privileges as on Rabbit Lane to hook up to an inland wellpoint as long as one can trench on Town ROW or private land? Since my memorandum of March 1st took seven (7) weeks, forty seven (47) days to receive a copy of Mr. Lessard's memo from the Supervisor, may I expect a prompt reply to this letter? a;;2Y' Frank Heroy c.c. Mrs. Ruth Oliva, Town Water Committee Mark Middleton, Bresident of Lakeview Terrace Road Association . ',' -,. '. . . TEL 765-1802 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P,O, BOX 728 TOWN HALL SOUTHOLD, N.y, 11971 I -~__ _.._. .< ", ,'-'-, ^ !i";! f" , ,."- ~---"~ -~ ~ .~-~'~-~:~.-..... --......; ! [' :!, i March 7, MAR - 7 1986 'i ;1,:,' l JU~': , i l~:;-'"-';'~: '~:<o._.._~__..,.." ", "-.~..-' J 1985-...~,u,.,., ',,;' c.:O;ji';;~L..J j d' i: TO: FROM: SUBJECT: Supervisor Francis Murphy ~~" Exec. Admin. Victor Lessard' fr"UIl< Heroy memorandum In the general text of this letter and ref- erence to green scum (algae) forming etc., I don't believe the township has a department within it's framework that could determine the causes for such a condition. As for new construction on Rabbit Lane, I am very well aware of the frail water table in that area. What the public must realize is that if all necessary,permits (including the Health Dept., the controlling factor where water is involved) are ob- tained; then we are reduced to zoning and construc- tion control only. I will try and address his listed concerns and hope they will be of some help to you. 1. Four years ago (before my time) Rabbit Lane Association replaced galvanized piping with plastic. I would have to assume it was pre- existing to be there in the firs~ place. As to replacing, I am sure the Town Board (who had that responsibility at that time) was never made aware that such a thing was hap- pening. The second thing that crosses my mind, is, if this plastic pipe is being used as a source of water supply then, as of this date, it is not permitted by law. 2. Concrete water connection boxes in the towns R.O.W. have to be cleared by the Highway Sup- ervisor. As to liability, the Town Attorney is the best source for determination. 3. Again trenching across town roads require Town Highway approval . . Supervisor Francis Murphy March 7, 1986 Page 2 4. Not answerable. 5. If there is a present violation existing in the wetland area then action is re- quired by Town Trustees. VL:hdv ~0 t2!.//Vro --OJ __~ ~~/!,p /i,. ,!?~ ~ #0/ ?-~~I!-$ CJ.-,~A'?q~ . . IT ~@@OW[~frr liAR - 3 1986 U '1'0. Sout!1old To,m Supervisor, Mr. Frank Murphy Councilwoman, Mrs. Jean Cochran Councilman, Mr. George Penny III Councilman, Mr. James Schondebare Councilman, Mr. Paul Stoutenberg BLDG. OEPT. TOWN OF SOUTHOLO From. Frank Heroy, 145 Lakeview Terrace, East Marion, NY 11939 Date, March 01, 1986 Subjects. Informational Meeting and Concern for Quality Water This memorandum has been written several times, but never mailed. After reading the February 6th issue of The Suffolk Times relative to the "potential catastrophe" of the Greenport water sy- stem; the February 20 th issue of Newsday - water woes- widespread nitrate and pesticide pollution problems, including the North Fork; and the announcement by the New York State Conservationist that its May _ June issue will be devoted exclusively to one subject: WATER, I feel so strongly that I can now no longer be silent or wait for something to happen. Since the time I flew combat until my retire- ment as a principal, I have believed in and tried to practice an- ticapatory vigilance. The time has come in East Marion. On January 29th, I attended the Oysterponds Town Board Meeting reI the proposed Master Plan. I arrived at the meeting 30 minutes early so that I could study the map beforehand. Unfortunately, the map was posted only a few minutes before the start of the meeting. A poor start for me. fiuring the meeting, concern was expressed about the unfairness of the proposed five (5) acre zoning in Orient, east of Tabor Road and south of Route 25. The expressions on your faces told me that it was here we go again. It was new to me. I anticipated that a view of the area under discussion would be pro- jected on a screenl- overhead projection, slides, or TV monitor. there was nothing. Ruth Oliva did volunteer the information that she thought the ~ear of salt water intrusion was the reason. She also mentioned the fear of salt water intrusion in her area. ~ A representative of the League of Women Voters expressed con- o~rn~about a~proposed article and amendments and the reinsertion of,Article 22 relative to the protection of the natural resources, including water. I had no idea in the world what she was proposing. Why couldn't the articles and amendments have been projected on a screen? Inasmuch as the Board did not _ participate, I left. the meeting perplexed as to what specific information I gained and what were the truths, lies, and distortions. Instead of the proposed Master Plan making things clearer and simpler, I still visualize layer upon layer of bureaucratic departments and agencies, each giving its understanding and interpretation of the Master Plan. It will be one big game in devising plans to circumvent the Master Plan unless one big foot comes down hard. No: Expressing my feelings about the meeting is not the primary purpose of this memo. About 25 years ago, I started writing to the 1 Of 4 . . State Senator representing the North Fork and to the Town Super- visor expressing my concern for the maintenance of the quality of the North Fork drinking water. My family summered out here in our cottage and we were then living in Hicksville which was experiencing difficulties with nitrates in the deep wells. Hicksville, at one tim~was a farming community much like the North Fork. I was look- ing at the North Fork where fertilizers and pesticides were being used in farming, as in Hicksville, in a area of shallow wells with no deep aquifier. There was no solution. Homes started to replace farms and the maintenance of lush lawns has continued to contribute nitrates, phosphates, and pesticides to the shallow aquifier. I still have concerns, but apparently solutions are to be lost in the passage of time,- the slow action and even inaction of town, county, and state governmental departments and agencies, and the poor communication, understandings, planning, and interaction among the same. A glance at the Traveler snd the Suffolk Times indicate to me that you are involved with the Master Plan, the airport, the wineries, ELI Hospital (not yet), solid waste management, Lilco, methane- generation of electricity, the Peconic Civic Center, the dog pound, and low cost housing along with many other matt.ers. You have tremendous responsibilities and involvement.:I:'don't'envy you, but I do appreciate you. At most meetings ( town, Bd. of Ed., water, etc.), I hear the comments from the audience that we don't want to be like Nassau. We in the audience should look around and see how we are contributing to that goal, I see slippage. As a result of rumors in our particular area in East Marion, I conceptualize possible relief to the Orient farmers who may be impacted by the proposed five (5) acre zoning. I don't like the idea . If one considers Bay Avenue to run north and south and Rabbit Lane, east and west, I shall describe the circumstandes. A glance at the attached map or sketch will orient you. A newly constructed, substantial hOllse stands between Rabbit Lane and the south shore of Marion Lake East. Marion Lake con- sists of 26 acres; it is not small. It is rumored three (J) more houses will be built for speculation. There is no shallow well source of water in the area as salt water intrusion was noted 40 years ago. The older homes on Rabbit Lane obtain their water through a seasonal, communal water system from a pUmp approximately 45' northeast of the bridge which conne.cts the two parts of the lake. The pump is located on or near a "nitrate hot spot" as indicated on the Town water map. The plots on Rabbit Lane probably average 5' above sea level. It is a low lying area. In severe storms, water from the Bay enters the Lake over some of this property and Bay Avenue itself. Cess- pools are below the level of the Lake. In my judgment, nitrates and p~osphates from the waste products of the Rabbit Lane homes are contributing to the deterioration and eutrophication of the Lake more so than the other homes surrounding the Lake as they are Uf4 , , . . '. at an elevation of 20' or so. Do these nitrates and phosphates enter the aquifier in the general area? Do they remain in the Lake or do they contaminate the Bay? For the first time in many years of observation, I have seen green scum forming, even under the ice, on both sides of the bridge this early in the year. The Lake is fragile. To the north on the east side of Bay Avenue, approximately J5' north of the Scmidt - Schimatz garage, one can see well casing, newly installed, projecting above the ground. The rumor is that the new house(s) and a pump at the casing are to be connected by a pipe. There is a hitch in that the Town bridge between the casing and the house(s), By land, it would be a run of approximately 1200' south on Bay Avenue from the pump to Rabbit Lane and then 150' and more east on Rabbit Lane to the house(s). A strong rumor says that the pipi will run down Bay Avenue to the vicinity of the bridge and then will be trenched across the Lake to the houses, a shortcut. (See map.) I am particularly concerned because of the brazen, roughshod acts of four (4) years ago when the Rabbit Lane Association re- placed its aging, underground galvanized piping with plastic: 1. Did the DEC or the Town approve the laying of pipe, not trenched, on the lake bottom approximately 2S' east of the bridge? The DEC officer did not think so as we stood in the bulldozed area of the pumphouse into the phragmites and water. It is wetlands and not a snapping turtle has climbed the banks since to lay her eggs. ,2. Did the Town approve of the concrete boxes for house water connections which protrude above ground level in the Town right of way on the east side of Bay Avenue and south of the bridge? If someone trips on the box, who is liable? ~'l J. Did and does the Town approve the work where a pipe was trenched across the foot of Bay Avenue, south of Rabbit Lane - Huckleberry Hill? 4. In the matter of communication, why didn't the state Police question the DEC or the Town Police question the Town 'High- way about the project as all pass the area on a regular basis? In the present, in granting the building permit for the new house on Rabbit Lane, plot # 1000 - Jl - 17- 9, recorded to Carol Dowd, did the Building Department ascertain the source of drinking water and determine all permits were in order? As the end of January 1986, the DEC did not have an application on file to permit trenching or the laying of pipe ir. any part of ~arion Lake. Town wetlands are involved. _J,_of 4 . . , Does one make formal application to the Town Highway Depart- ment to trench and to lay pipe either on Town road or ROW? Must one post a performance bond and show proof of liability insurance before starting a project? Is consideration given to residents along the ROW by driving pipe under driveways and roads instead of the attitude of trenching when one wants to do so and then filling in at some indefinite time in the future in a sloppy manner? It does seem ludricous that the Town and its departments would grant someone permission to build a house on a plot with salt water intrusion, to connect to a water source at a considerable distance so that nitrate contaminated water may be avoided, to con- tribute nitrates and phosphates into the lake and aquifier whioh many other homes are using, and to pump water from an inland po- sition which will hasten salt water intrusion into areas south of the well. Does the scenario include the possibility of all Rabbit Lane homes joining the system? Will the Town Board condone, foster, or encourage the practice of establishing a hodge _ podge of small and large, independent water systems hopping over one another always inland for a source of good water? If so, why can't the proposed five (5) acre zoning in Orient be reduced to Two (2) with a covenant that the water source be north of Route 25? If density is related to water supply, I think that we are saturated in this area. I look to the Town Board to protect the quality of my drinking water, whatever it is, and my enjoyment of the wildlife on, in, and above Marion Lake. ~CerelY. if CjIJ<<e~ HeL; Ene. Sketch of a section of East Marion . . ~.c. Robert Tasker, Esq. - Southold ~own Attorney Carol Dowd, 201 - 13th St. East, Tierra Verde, Florida 33715 ~r. Charles Hamilton, DEC, Regional Alternate Permit Administrator ~Mr. Victor Lessard, Town Building Department Mr. Ray Jacobs, Supt. of Highway Dept. Mr, Henry P. Smith, Pres. of Town Trustees Mr. ~ark Middleton, Pres. of Lakeview Terrace Road Association - 4JlJ 4 . . . ~ }~~ r' ~(( -\ ~ ~ $... '<. ~ f; ~ ~ I 'A-.. ~ '" ~ ~ " ~ ~t ~.~ ~ ~ .... ~~ ~~ ~~ Th~ ~~ ~ :; ~~ K ~~ Ii' ~, ~ ~ l::.. ~ . ~ ~ ~ ~ ,- ,. II ;;0 1'; /) . Permit No. 0<:..../ TOWN OF SOUTHOi...D 'File No. ~ HIGHWAY DEPARTMENT ...., _~~ Peconic Lane -ffiJ~~<I~ Peconic, New York 11958 ~APIl ~~ PERMIT FOR HIGHWAY EXCAVATION AND REPAIR ...7.J~ (Ref. Chapter 83 Code of Southold) 1.... a.t, It ..r (/ Print or Type , . ~ . 1) (60....", /It=3oR (Name ofl Applicant) 2) (Address) \ Plumber or Contractor involved) T fY\A 'c> "S ol\J l(o"'-~l 3) W e (Work Description and Location) ..di c...2 (7-;;r f~n~ (Signat e 0 Applicant) Lot (Date) 4) Section Block 5) Starting Date: .11_ 1~Jf{ Completion Date: 6) Work Schedule: y'-I)- ~~ Phase Excavation.. ..... ......... ...... ..................... Facility Installation................................... Backfill & Compaction................................ Pavement Replacement................................ Completion Date 7) Under which authority is the application made: 8) Estimated Cost of Proposed Work: $ 9) . R~Rs:(it~::+:~~~n~ 6:~'~~~ 10) Insurance Coverage: T., ,_ -,,-,\::)-'/...(\'\1\1, "y a) Insurance CompanY:-:L.N'3 c,.. "'~ N",=;:"" l=\rne...~(" q _ b) Policy # ~L p('J.,n7.:.(~~r'E~ c) State whether policy or certification on file with the Highway Department: d) Coverage required extended to the Town: - Bodily injury and property damage: ,$300,000/$500,000 Bodily Injury, and $50,000 property damage. 11) Security: a) in the total b) 2 years 12) Fees for applications and permits: Basic Application Fee..... $25. 00 AI. /Service Connections excavations @ $20.00 = ~ A2. /Additional Excavations same service @ $10.00 = ~ B. Excavations 18" in depth or less: 0-100 I.f. = $10.00 I.f. @ $0.10 = $ Additional C. Excavations 18" in depth to 5' in depth: 11/ d? tJ /1. 0-100 I.f. = $30.00 ~{);J() I.f. @ $0.30 = $ .7.-?t" tJf) Additional D-39 Page 1 of 2 . . ,. . . " 41.--" It 3- 0\\1 'Ur;>.y _ ~ I;JD fT- ~\D~~ ?:.:J..<. \?()~d aeerf W~A -,-~ S ".<:> '" \d.{,__,~_, ur~II""""_' .' . . D. Excavations 5' in depth and over: 0-100 I.f. = $50.00 !.f. @ $0.50 = $ E. Additional Utility Repair Excavations @ $10.00 = $ No. Repairs same service @ $5.00 = $ Additional F. Notice to public utilities proof must permit prior to issuance. 7;)...-3 be provided oK flj and attached to this ~~~. ~~~~ SUPERINTENDENT OF HIGHWAYS TOWN OF OUTHOLD, NEW YORK By: Date: Note: Permit expires one (1) year from Date of Issuance. No work to start without LIS hour notice. Permit must be available for inspection. Copy Distribution: Highway Department Inspector Applicant Town Clerk INSPECTOR'S RECORD I nspection Date Findings (use code) Applicant Notified 1st 2nd 3rd Final (To Permit Clerk) REMARKS CODE I B - Improper barricades IL - Improper lights ST - Sunken trench or' excavation UTM - Unable to measure (due to backfilling) BUC - Building under Construction WIP - Work in progress DB - Improper backfill (too high) (not sufficient) HFS - Inspector holding for final settlement of excavation RFR - Ready to repair D-39 Page 2 of 2 . . April 7, 1986 Judith T. Terry Southold Town Clerk Southold Town Hall Southold, N.Y. 11971 Dear Mrs. Terry: This is to notify you that I have notified the New York Telephone Company and Long Island Lighting Company with respect to the applica- tion for an Excavation Permit on Bay Avenue, East Marion, New York. Very truly yours, /lJ/ ~ ~ Maureen Tabor Swon)., to before me this 1L'i day of April, 1986. ~~~ <-../~~ {/ Nota ry Public JuDITH T. TERRY Notary Public. State of New Yorlc No. 62-<>344963 Suffolk CoIM'f!!R'1 Commission ExpIrw MarllIt 30. 1'!l"7 B ~Dj~__ PR IDUCER SEE NEEFUS INC. 8 E.Main Steeet Riverhead, NY 11901 , THIS CERTIFICATI 1$ ISSUED AS A MATTER OF INFI fWATtON ONLY AND CC ;'4lFERS NO RIGHTS UPON "HE CERTIFtCAT ,HOLDER. THIS c ERTIFtCA" E DOES NOT J. ~ENO, EXTEND OR AL TE I THE COVERAG :. AFFORDED BY THE POll': IES BELOW. CO APANIES ~ FFORDING COVERAGE C< MPANY A LE ITER INDEMNITY INSURANCE COMPANY GARY L. TABOR PO Box 835, Navy Street Orient, NY 11957 CI1MPANY B LITTER INS. CO. OF NORTH AMERICA C<MPANY C LE ITER IN~ JRED O!MPANY D LE ITER C(JMPANY E LL ITER tiel" -. TYPE OF INSURANCE POLICY NUMBER POLICY Ef~ECTIVE DATE (MM/OONY) POLICY EXPIRATION DAH {MMIOOf('(} LIABILITY LIMITS IN THOUSANDS OCC5~~~NCE AGGREGATE COMPREHENSIVE FORM PREMISESIOPERATIONS UNDERGROUND EXPLOSION & COLLAPSE HAZARD PRODUCTs/COMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAC FORM PROPERTY DAMAGE PERSONAL INJURY BODILY INJURY $l00 $ '\ GLPG08799143 4/26/86 4/26/87 PROPERTY DAMAGE $ 16 $ 25 ~bt:~ED $ $ PERSONAL INJURY $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS IPRIV PASS I ALL OWNED AUTOS (OTHER THAN. ) PRIV. PASS HIRED AUTOS NON-OWNEO AUTOS GARAGE LIABILITY IOJILY lNJl.iRY $ (PERPERSONl E!OOllV INJURY $ (PfRACCIllENT) PROPERTY DAMAGE $ BI & PO COMBINED $ BI & PO $ COMBINED $ . RUXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FDRM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY C25002696 5/22/85 /22/86", (EACH ACCIDENT) (DISEASE-POLICY LIMIT) (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATlONS/lOCATIONSNEHICLES/SPECIAllTEMS LANDSCAPE GARDENING NEW YORK STATE tl~:l.iI.;i[of.:.\i:!Cre].']::f: ",'n~:::f.IJ".[']~ TOWN OF SOUTHOLD HIGHWAY DEPT. Peconic Lane peconic, NY 11958 .:.l)ITiJ:r..-.Wl:TI:C!! / / / j .... ,_", / I . ~. J;; ~ '-~ '?~' -'---'--- , . \ , .---" t'l. ,91 ~~-\r-'- _.~..;,' \ . --,. - -- 8- };o ;:--- ,- -?1 _.~.._---.... e... -;'1 . -..... ...._~.~.~ -....- --'-.. , I' ~,? 'I <(If' A // : . -.c;. :q... ..~C ....~,. . .~ :w ,? \1 I uJ 1"/ '.;1. .~--- .. fJ!F 1" . -I, 4r.A.... ~l \ , 1 .... ~ I , i \ \ \ \ \ I i \ \ \ J ~' , <-=. \ ~ I ~ '}. I;. :.~ )c .J' "",, ~... ~d , I l I tl/~ <- ",~~\r\l;Y': \ I \ I .:.......... .~-= \ )./.>, I -.- -..-- . \1-3) -;--..---.-- ._" ~ .0" u\ ~~ "- , ", "-;, '. .. '1-' \ \. , \ , q~\- . . 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