HomeMy WebLinkAboutBay Ave
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JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VIT AL STATISTICS
MARRIAGE OFFICER
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Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
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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,
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Judith T. Terry
Southold Town Clerk
Enclosure
cc: Supt. of Hwys. Jacobs
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Gary Tabor
Navy Street
Orient, NY 11957
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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
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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).
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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
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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,
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Judith T. Terry
Southold Town Clerk
cc: Supt. of Hwys. Jacobs
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Highway Department
Town of Southold
Peconic Lane
Peconic, N.Y. 11958
RAYMOND L. JACOBS
Superintendent
F~ECEIVE:
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March 17, 1987
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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
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Tel. 765-3140
. 734-5211
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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.
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1OC:;I'IED
APR 2 9 1986
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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?
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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.
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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?
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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
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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.
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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?
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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?
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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
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TEL 765-1802
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P,O, BOX 728
TOWN HALL
SOUTHOLD, N.y, 11971
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March 7,
MAR - 7 1986 'i
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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
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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.
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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.
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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
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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
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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
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