HomeMy WebLinkAbout1000-27.-2-3
,
Southold, N.Y. 11971
(516) 765-1938
August 29, 1984
Mr. Thomas Samuels
Wunneweta Road
Cutchogue, NY 11935
Re: Minor subdivision
Thomas Samuels
Dear Mr. Samuels:
Please let this confirm the action of the Planning Board, ~
Monday, August 27, 1984.
RESOLVED that the Southold Town Planning Board deny the
application of Thomas Samuels to subdivide 3.75 acres into
two parcels located at Narrow River Road, Orient since the
buildable area of the lots is less than 80,000 square feet,
therefore, lots of insufficient area would be created.
Very truly yours,
BENNETT ORLOWSKI, JR., CHAIRMAN
~OUTHOLD TOWN PLANNING BOARD
'~O~~.
By Diane M. Schultze,Q~~ry
APPLICATION FOR PUBLIC ACCESS TO RECORDS
TOWN OF SOUTHOLD
SECTION I. TO BE COMPLETED BY APPLICANT
INSTRUCTIONS TO APPLICANT: Please canplete Section I of this fonn. Give the fonn
to the agency Freedan of Infonnation Officer. The Freedan of Infonnation Officer will
return one copy to you as a response to your request, or as an interim response.
TO: FREEDOM OF INFORMATION OFFICER
AGENCY NAME:
AGENCY ADDRESS:
I HEREBY APPLY TO INSPECT THE FOLLOWING RECORD (Please describe the record
sought. If possible, supply a date, a file title and number, and any other infonna-
tion :hat will ~e~p loca~e the record ?eSired~
AIj/vtor St;Jo:I,.II$'-' 11- %O,pl- / .ernt4S 3~~eLs
f1Jt e ~ R,:L. ",4: c, R,~
Signatur of App cant and Printed Name: ,
Applicant Represents: "";'IsPpF6 . .
Applicant's Mailing Address:)I'IS.PEc" ~11 '1e>- SItN~ ~7/9T?9lIN'JI)1r
Date of Application: >
SECTION II. FOR USE
AGENCY FREEDOM OF INFOR1lATION OFFICER ONLY
[] Approved
[ ] Denied: (for the reason(s) checked below)
[] Confidential Disclosure
[ ] Part of investigatory Files
[] Unwarranted Invasion of Privacy
. [] Record of Which This Agency is Legal Custodian Cannot be Found
[] Record is Not Maintained by This Agency
[ ] Exenpted by Statute Other Than the Freedan of Infonnation Act
[ ] Other (specify):. .
[] Receipt of this request is acknowledged.
requested record until
There will be a delay in supplying the
for th~ following reason:
Signature:
Title:
Date:
Freedan of Infonnation Officer
SECTION III. NOTICE TO APPLICANT
YOU HAVE A RIGHT TO APPEAL A DENIAL OF THIS APPLICATION IN WRITING WITH-
IN 30 DAYS OF THE DENIAL. INFORMATION AS TO THE PERSON TO CONTACT IS
SHOWN BELOW. THE CONTACTED PEIlSON MUST RESPOND TO YOU IN WRITING WITHIN
SEVEN BUSINESS DAYS OF RECEIPT OF YOUR APPEAL.
Name: Southold Town Board Business Address: 53095 Main Road Telephone:
Southold, New York 516-765-1800
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JAMES H.RAMBO,I'l:!'.
BISHOPS LANE
SOUTHAMPTON, N. Y 11968
PHONE (516) 283-1254
WUNNEWETA ROAD
CUTCHOGUE, N. Y. 11935
PHONE: (516) 7345858
December 4, 1984
Dear ~
~ th~k you will find the enclosed valuable in applying
objectivity to what is a very emotional subjective issue
for most people. The points made will not mollify the
concerned, but at least the origins of their concerns are
made apparent. Knowledge is indeed power.
Sincerely,
Thomas E. Samuels
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JEe '. 6 D84
We Scoff at Big Risks and Scotch Snlall Ones
,
By NEIL OXWFF
In Zaire, the people of the Lele tribe
most fear three risks-being struck by
'IIgbtnlng, contraCtIng broncbltls and bar-
renness. Of courSe, these are not thl!''OnIy
risks tacJng the tribe. The people are also
susceptible to the usuaJ run of diseases
common to the tropics, sueb as fever, gas-
~n~ritls,wberew~,rep~,w~n
'and pneumonIa. But they fear lightning,
,broncbltis and barrenness more.
. In the U:8., one of ourgrealesl fean Is
of pollutants. Sclenllflcevlden~ points to
much gre~r risks of mortallty-from au.
tomobile accidents, sniOklng, sunbl!.lhlng,
motoreycllng, coal mining and mountain
climbing, to list just a few. Yet con~rn
over these risks Is smaJI compared wtth
the concern over exposure to pollutants.
, As most anthropologists wtll ~ll Us, the
explanation for these apparentlnc~n'
des Is'Simple. People do not focus on a
p'artlcwar set of riskS Simply In order to
safeguard health 8I1.d safety. The ebolce
also reflects their view of moral and 1m.
moral conduct. Dangen are exaggerated
or minimized according to the soclalac-
~ptablJjty of the underlying activities,
To be sure, there are real risks associ-
ated wtth pollutants. Asbestos, benzene,
lead, PCBs, formaldebyde and other
wtdely used chemicals threaten the health
of many Individuals. But the fear aroused
by exposure to extremely low levels of pol-
lutants In the environment far exceeds
what available scientific evidence wtll jus.
tify.
What, then, does support the wtde.
spreljd concern? Three grounds suggest
themselves.
First, the focus on pollutants provides a
simple and plaUSible explanation for
dreaded diseases such as cancer and birth
defects. I! provides a ready answer-other
than pure chance-for their occurrence.
Moreover, this explanation exonerates the
victims from responsibility for their per-
sonalllfe-style decisions contributing to the
outcome, such as the foods they eat, the
amount of alcohol they drink, and the ex-
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tent to which they smoke. The link to pollu- At present, sCIen~ can only cl]Idely es-
tants frees Individuals from blame by re-' llmale the effects ofasubstal1ceOll Jabora-
:n~:=t.=~ aln:~~:'r.~'tw.::.'mI::OlI~~:
avoldable event.'. '. . ".. ."'~~' folliicUilthe envlroimie!lt These
Second, the. focus' on the risks of Ponu~' . , . dofes. WbUe unrepresentative of teal world
tants;~eJpS malnlaln people's Image of the '. condItlOhsi are necessary to }lI'IlCi\lCe mea-
sanctity of nawre; Many individuals are .~lIlir&bleresuJts wtthJn a group of liOO to 1,-
upset by,the recent discovery of. low levels 000, test. animals. The resWts are then ex-
of thousands of toxic substances beCause trapola~ down to the levels acWaJly pres-
it confIlcls wtth'thelr nollon of th~ purity of ent In the environment, and further extrap-
the natural environment. I! destroys their .oIa~ from the particwar test animals
Idealistic view of our air and wa~r. The employed In the experiment to humans.
ubiquity of toxic substances demands eh . " These extrapolallons Involve dozens of dIf-
ther a new, less benign con~pllon of na'. ferentassumptlons, to compensa,tefor the
ture or an.,all-out attack against the "un-' , lack of specific data and for our Ignorance
natu'ral" risks posed by these substances 'of the underlying mechanlsms causing dls'
In the environment. eases'sueb as can~r.
Tblrd, the focus on pollutants provides' . Tbls use,of.predlcllve models Introduces
an outlet for a variety of anti-business atll- '. tremendous un~rtalntles Into the process
tudes, partlcwarly our society's strong re- of risk assessment The National ACademy
senlment of the power and pereelved Indlf- of ScIences recently estlma~ the ~umber
ference of large corporations. In a number of cases of human bladder /;aIICer likelY to
of blghly publicized cases, pollutants are resWt over the next 70 years from. contln,
known to have caused substantial harm. In , ued, use of saccbarin. Using a,var.iety,of
sever..! cases, the harm has been aggra- dlffe~t.,.,but plausible-sets of, lISS\1!Ilp-
va~ by corporate misconduct, sueb as tions, It concluded that the number of
concealment of known risks. By latcblng' cases of can~r comd range anywhere
onto these cases and then generalizing to a from 0.22 to 1,144,000.
mueb larger number of other Instances, Science can ~D us even less about the
the public has devised a powerfW weapon effects of low-level eXposures to several
wtth whleb to attack the general business substances. People are not exposed to a
community. . Single substance at a time, but tJ a'num-
Viewing the fear of pollutants as ber of different substances that, as wtth
grounded In this complex set of social alcohol and certain drugs, may have syn-
needs, rather than sImply In a concern for erglsllc effects. Scientific evidence on
health, helps to explain some of ,the major these complicated effects is I!kely to be
failures In resolving environmental contra- conclUSIve In the long run, but It may take
venles. , well Into the next century before a solid
The Environmental Protection Agency, understanding emerges on such Issues.
the Occupational Safety and Health Admin- Even jf levels of risk were precisely
Istration, and many companies have known, however, so that scientists wowd
sought to latch onto scientific evidence to agree that a chemical dump presen~,
defend their attempts in recent years to say. II one-ln-a-mIlllon risk of cancer to the '
rationalize the sys~m of societal controls. neighboring community, the current ap-
Yet science cannot provide sufficient cer- proach to seeking public acceptan~e of risk
talnty to dispel people's beliefs-and prob- wowd not work. The federal government's
ably wtll not be able to do so for many risk-management policies are based on the
decades. assumption that people wtll routinely toler-
,
'-
a~ small risks and only demand protection
from large ones. Yet, as we have seen,
that Isn't necessarlly so.
Nonetheress, regWatory agencies and
companies have been asking people over
the past few years to accept risks from
pollutants simply because they are small.
And they repea~y llave been rebUffed.
10 pubUc-meetJngs around the country, of-
flcl;i)l; have been damned when they have
tried to placate an angry crowd by noting
that the addltlonal risk of cancer wowd be
only "one In a mtI11on;". The.mistake here
is clear: Officials have fatled to consider
the emtural Jacton underIylng :people's
. fear of pollutants.
If the major concern of our society were
to save the mQSt lives, we wowd ban smok-
. lng. We 'aIso wou1d require smoke detec-
tors In evefy home and place mobUe car-
diae emergency units In every community.
But where people have a complex set of
soclaI needs, Inciudlngprotection of health
and safety but not coextensive wtth It, this
ai>i>r.iach inevitably wowd seem inade-
quate. That may explain why government
. agencies and' companies continue to strug-
'gle wtth the publlc's con~rn over trace
levels of pollutants that may never harm
even one penon in a million.
Mr. Orloff directs the Center for Envi-
ronmental Research at Cornell Univer-
sity. ' ~
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eo, 6-0 x: 34.1
orient
Movember 3D, 1984
To the editor
The Suffolk li~es
Green!,0 rt, ;-.. 0';,' Vorl:
Daar Troy,
1 2ttimce,j the,'l~pti.ncr ()f the PI "nnin'J BOern en ')o'romh.?r 25. 3t
which the Samu81'" application to subdividt.> the Narrow River Road
propert:7 i~'1 ')ri':.:'O~rt -"{t-:'.~:; rejpr~i-:pd for ? .~(?cot',..:t tj'(IP. 1 .;..roulri Ijlr'e
to commend the bo~rd for its strict interpretation of the ~own
Code st~atutJ!:;;: rplc:t.lp'":: tn ]':.'n(J subje:::t t:Ci flooding. There i.s
unfortunnt~ly no law which prevent8 propt.>rty which is for vurious
reasons int.d"sie2.11V unhl1il(lc'blG frorn bcdn.:; ':>ut on the ":1?'r1<pt
or purchosec for speculotionl the only w"v to protect potenti?l
resident:=: from hi("1c1(~n ,:"]::' nrr'~r"', tr:. "t'ot.f?C't i:": fr: crilf"l I?l1vironmo.,..,t,
as in the Samu~13 case, 3nd to 2vofd pressure being put on the
ccmm,un.it.y t':) pr:'i.:c~ct it.splf l)y Innd purch:', se ~~ t C~p('cu12_~ tiol""_ prices
is to enforce the code st.rictly, as the bOard is doinq. :>peculiltors
.should be (liscour:" Cl,?c' from purc'psin:r such nrof>ertv in the bel ief
that they can perpetrate dny outr~ge with it mnder the b2nner of
,"n individ\).?l'f' rir.:'1t t.o do _!h"t 'We uI11 with rie own nrop...rty.
~rert~ie ;\a~hshpr~nr
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Southold, N.Y. 11971
(516) 765-1938
November 13, 1984
Mr. Thomas Samuels
Hauwaters Road
Cutchogue, NY 11935
Re: Minor subdivision
Thomas Samuels
Dear Mr. Samuels:
We acknowledge receipt of your letter of October 15, 1984
regarding the above.
Please be advised that we consider verbal or written
communications of our Town Attorney to this Board regarding
matters before us as priveleged communications and as
such do not choose to provide you with them.
Very truly yours,
f;1. (J '" ...7-1/ -J, '~
~ \..A'~ () ( {)J'v.:J'b /A.-^. \
BENNETT ORLOWSKI, JR.CHAIRMAN /
SOUTHOLD TOWN PLANNING BOARD ~
FY:dms
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NO\} 7 '984
JAMES H.RAMBo..IC.
BISHOPS LANE
SOUTHAMPTON. N. Y 11968
PHONE '5l6' 283.1254
WUNNEWETA ROAD
CUTCHOGUE. N Y 11935
PHONE ;5]6~ 7345858
November 5, 1984
N.Y.S.D.E.C.
SUNY - Bldg. #40
Stony Brook N. Y. 11794
ATTN: Marshall Irving
Re. 10-84-0175
Thomas E. Samuels
Dear Mr. Irving,
You will recall testimony at the referenced hearing that
cesspool run-off had created conditions making necessary the
closing of Arshamomaque Pond (Mill Creek) Southold. Enclosed
please find a report on the cause of these conditions and
their remedies. You will please note that conduit runoff (Road)
is the etiology of the high coli counts, as I so stated at the
hearing. Please consider the enclosed document.
Thomas E. Samuels
TES:cq
cc: Southold Town Planning Board
g~~a~t~c~ofnt~c~a~lhA~~R~'BOb Forgionne
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RECEIVED TO: Honorable Henry Smith, President, Southold Town Trustees
OCT 2? 198/ FROM: John Bredemeyer, Vice-president, Southold Town Trustees
wn Clerk SoutholrtE: Arshamomaque Pond
'DATE: October 22, 1984
PURPOSE: Provide suggestions for immediate steps which may
help lower coliform counts in the Long Creek drainage
area.
POSITION: I believe that absent any confirmed shellfish borne
illness associated with consumption of shellfish
from this pond,' the Town should vigorously pursue:
1. Immediate steps which along with cold weather
and less rainfall, will result in a lowering of
coliform counts leading to a conditional shell-
fishing permit..
2. Secure additional monitoring of the creek and
its' tributaries and systematic application of
solutions to permanently effect No. 1 above and
eventually a full opening of the creek. (Although,
I doubt if a full opening will, in rea14ty, be
possible with the counts currently on record
with the DEC.)
I believe the following suggestions are generally
consistent with the "208 Study" and may be implemented
without any special permits (other than landowner
consent) as no wetlands or endangered species are
involved. However, other projects should be reviewed
by the N.Y.S. DEC as there are some freshwater
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Page 2 of 4~
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indicator plants in the areas'woodland and drainage systems
which could be affected. Even if these proposals do not
significantly reduce coliform levels, they would be recommended
purely on their improvement of safety, drainag~aesthetics and
vector control in the areas without altering the environment.
1. CULVERT NEXT TO SHILOH BAPTIST CHURCH
CORRECTION: Fill in large hole by culvert with coarse
sand and gravel and provide rubble/splash
blocks to prevent its regeneration. Fill
stagnant pools in stream bed ~th sand.
This culvert may not only store bacteria
RATIONALE:
from CR 48 drainage, but may actually grow
them under certain circumstances. Filling
with sand and splash blocks will tend to
make stream of water spread out for ab-
sorption and use by marsh ahead of the pond.
Untreated, this waste water can easily con-
taminate upwards of 1,000,000 gallons of
water in Arshamomaque Pond with only a light
rainfall. One can assume that l~ng residence
~ 'r
times keeping such contamination in the
creek for weeks.
FUTURE :
If additional in situ road drains are not
possible for CR 48, and this drain continues
with high counts, the area may be suitable
for a march/trench system of purification as
mentioned by "208 Study" and others. However,
there are no guarantees that this would work.
It would be best to eliminate the culvert
entirely.
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2. DRAIN PII:E AND DITCH BEHI~\1EST OF #600 and #670 GROVE DR.
CORRECTION: Provide impervious drain pipe from corner of
Mill Creek Dr. and Grove Dr. to North and
rear of 11070 Grove Dr. North of this, the
ditch should be generously cleaned and
backfilled with clean sand and gravel.
Impervious pipe will preclude possible
infiltration of sanitary waste from #600 -
#670 Grove Dr. Cleaning of drainage will
remove in situ coliform breeding. Backfill
with sand will eliminate stagnant water,
permit drainage and some coliform filtering
through sand and discourage mosquito breeding.
RATIONALE:
3. DITCH AND STREAM \VEST OF MILL CREEK DRIVE WEST
Similar cleanout as described above should be under-
taken if bacterial tests warrant it.
4. LONG CREEK STREAM BED FROM CR48 SOUTH TO HEAD OF LONG CREEK.
FUTURE: Good project for Scout troops earning merit
badge. Clean stream bed and construct series of
dams and ponds where biologicals cou~d be intro-
duced. Beautiful man made pond exists there
now behind someone~ house.
RATIONALE: Reduce flow from storm runoff and provide
additional oxygen rich habitats which would
trap and destroy coliforms.
5. POND NORTH SIDE OF LONG CREEK DRIVE.
Did not review this pond for lack of exact location.
Employ same guiding principles as above - possibly
a sand drain or natural filter could be constructed
for the pond.
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6. SUGGESTIONS FOR RESIDENTS IN THE AREA:
1. Minimize outside feeding of pets/wildlife within
200' of pond or any of its tributaries.
2. Minimize use of fertilizers, especailly manure
fertilizers in the entire area.
3. Do not dump any waste, leaves, grass clippings,
fish guts, animal offal or any thing, for that matter,
into the pond or its tributaries.
In closing, a quote from the recently released booklet, "Marine
Resource Management Needs" by the N.Y.S.D;E.C. seems appropriate,
"Historically, greater scrutiny of the sanitary quality of growing
waters has led only to more closures."
What I believe this means for Southold Town, is that more closures
are likely due to storm water discharges. We should strongly en-
courage our Town, County, State and Federal officials who control
the purse strin~,to provide help for storm water treatment or
acceptable shellfish depuration facilities. Southold is not
alone in this problem,and we should not hesitate to speak out and
be heard.
t";;.'
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John Bredemeyer, III
Vice-president
Southold Town Trustees
JB:bb
cc: N.Y.S. Assemblyman Joseph Sawicki
Southold Town Supervisor Francis Murphy
N.Y.S.D.E.C. Bureau of Shellfisheries, James Redman
Biologist, Paul Flagg
Southold Town Bayman's Association
Town Board
James McMahon
Trustees
File
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1984
CONSULTING ENGINEERS
. CIVIL.a STRUC11J1lAL ENGINEERINO . PLAlNVIEW, NEW YORK
. STORM DRAINAOE A PLOOD CONTROL .. PAR$IPPANY. TROY HILLS. N.J.
. SANITARY" WATER FACILITIES . WALLlNOFORD,CONNECTlaIT
. CONSTRUCTION MANAGEMENT
. PLANS.t SPECIFlCAnONS
. REPORTS" STUDlES
350-03 october 31, 1984
Mr. A. Marshall Irving
Administrative Law Judge
New York state
Department of Environmental conservation
SUNY, Building 40
stony Brook, NY 11794
Re: Application of Thomas Samuels
No. 10-84-0175
Dear Mr. Irving:
At the October 25, 1984 hearing for the above referenced
application, testimony was presented regarding the occurrence of
viruses in cesspool effluent and their effect on ground and
surface water quality. I have investigated this matter by
speaking to the agency which is funding the subject virus study as
well as to the principal investigator of that study. Below you
will find some background information and conclusions which I have
drawn, and I request that you consider this material in the manner
of Dr. Samuels' application.
The virus study referred to in the testimony is presumably the
study being conducted by Dr. James vaughn of Brookhaven National
Laboratory, under contract to the suffolk county Department of
Health services. The purpose of this study is to generate viral.
information on which to base water supply well location criteria;
current criteria are based on bacterial data. The study is not
designed to assess impact on surface water quality.
Based on data from this and other viral studies, it appears
viruses can travel hundreds or perhaps even thousands of
hor i zontally wi th groundwater depending on soil conditions.
impact of this on surface water quality is conjecture at
time, and must be considered in light of the following:
that
feet
The
this
1.
surface runoff is very likely a major source of viruses in
surface waters.
2.
Bathers are very likely a major source of viruses in surface
waters.
3.
Boat toilets are very likely a major source of viruses in
surface waters.
4 .
sewage treatment plant outfalls are very likely a major source
of viruses in surface waters.
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ONE FAIRCHILD COURT. PLAINVIEW. NEW YORK 11803 . (516)349.0076
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BIENSTOCK & LUCCHESI, P.C.
October 31, 1984
page 2
5. cesspool leachate may be a minor source of viruses in surface
waters.
6. All current deci sions must be based on current regulations.
current DEC regulations do not prohibit installation of
cesspools further than 100 feet from surface water.
Therefore, the subject application cannot be denied on the
basis of current regulations, nor can the subject application
be denied on the basis of the possibility of future regulation
changes.
7. We have no way now of predicting the results of future studies
of virus pollution of surface waters by cesspool systems if
such studies are performed, nor can we predict the regulations
which would be promulgated therefrom. If the current scant
knowledge on the subject were applied now, across the board to
all proposed on-site sewage disposal systems, what "safe
distance" from the system to surface waters would be required?
100 feet? 200 feet? 1,000 feet? 1/4 mile? No one knows.
The application of such a restriction in the absence of hard
da ta and wi thout consideration of other more major sources of
viruses, would be improper. The economic and political
effects of such a restriction would be disastrous.
We wish to point out that the design of the sewage disposal
systems and water supply wells for the subject property must
conform to all suffolk county Department of Health services
regulations in force at the time of application, and further that
the water supply wells can be located up gradient of, or laterally
across from the sewage disposal systems, thus protecting the wells
from any effect of the on-site disposal systems.
B""",a on the
systems, it
subdivision of
current regulations regarding sewage
appears that there is no reason to
the subject property.
disposal
prohibit
very truly yours,
BIENSTOCK & LUCCHESI, P.C.
FORGIO~
ROBERT C.
RCF/cb
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ORIENT ASSOCIATION
Box 44. RD# 1 Orient (Long Island), N.Y. 11957
November 2, 1984
Southold Town Planning Board
Southold
New York 11971
Re. Thomas Samuels application for subdivision,
Narrow River Road, Orient
Dear Members of the Town Planning Board.
The Orient Association has taken a position
in opposition to the application of Thomas Samuels,
and we are enclosing letters that were entered
as testimony at the DEe Hearing on October 25th
with Justice A. Marshall Irving presiding.
We would like copies of these letters
included in your files.
i cer.e3.J ~
e 1 ((Newman
orresponding Secretary
Enclosures (J)
Letters from,
Orient Association, Dorothy M. Berks
Patrick E. Lyons
Fredrica L. Wachsberger
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.CV 5' 1984
MTIlICK L LlONS 203 EAST 29th STREET NEW YORK. NY 10016 MAIN ROAD ORIENT. NY 11957
October 15, 1984
A. Marshall Irving, Administrative Law Judge
New York State Department of Environmental Conservation
Office of Hearings, Room 213
Building 40, SUNY
Stony Brook, NY 11794
Re: Application number 10-84-0175
As a resident of the hamlet of Orient, New York who may not be able to personally
attend the hearing on October 25 for the above application, I wish to have my
comments and testimony presented and made a part of the record of the hearing.
I object to permission being given to the applicant to create a subdivision and
to construct a rip-rap retaining wall. I further object to the DEC allowing any
construction on the banks of Hallock's Bay and Narrow River for the following
reasons:
(1) The parcel in question is located in a flood-plain area which historic
evidence has shown would be subjected to a tidal wash-over in a severe storm.
(2) The possibility of further contamination and pollution of Hallock's Bay
is real and immediate if permission for this type of construction is approved.
We have recently witnessed the closing of Mattituck Creek and other waters
in Southold Town to shellfish harvesting as a result of pollution. The threat to
an area as important as Hallock's Bay is too overwhelming to allow any further
danger from residential pollution.
(3) The proposed sub-division and the resultant construction would create an
aesthetic blight on the almost pristine shoreline of Narrow River and Hallock's Bay.
The Bay is bordered on the north by Long Beach, which is a NY State park and
preserve and will remain in an undeveloped state forever; on the east, Gid's Island
is being considered for purchase and protection as another nature preserve; the
various tidal wetlands acts will protect the marshlands to the immediate east of
the site and to the west of the site, the Town of Southold owns land used as a
public access area and community groups are even now studying alternatives
which will have as their end, the inclusion of Narrow River and Hallock's Bay into
a permanent natural preserve. Shore-line, residential development is therefore
incongruous and incompatible with the current and future uses of Hallock's Bay.
(4) Property adjacent to the above site has recently been subdivided
into 5 acre parcels and that land, although sharing many of the ecological problems
as the site, if developed will pose a smaller threat to Hallock's Bay.
(5) The proximity of a public access, on the immediate east of the site,
will surely result in social disputes and disruption if sub-division approval is given.
The public has an inviolate and constitutional right to the beaches and this will
surely lead to a conflict with the owners of the developed parcel, who will have
a considerable financial stake in the site as a private residence. The community
of Orient has traditionally made heavy use of this access to Hallock's Bay and
high-priced, exclusionary development will surely have a chilling affect on the
continued enjoyment by the community as a whole.
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Page 2.
The development of this site is clearly detrimental to the community as a whole
and to the natural environment and should not be approved. It is the right of an
individual to use his property as he likes, but that right has always stopped well
short of letting that individual jepordize the rights of society as a whole. This
is the case we have before us today. Mr. Samuels right to financial gain should
not be placed before the rights of the community as a whole to enjoy continued
and fruitful use of Hallock's Bay.
Sincerely yours,
Patrick E. Lyons
Applicant: Thomas E. Samuels c/o J.H. Rambo Inc., Bishops Lane, Southampton, NY 11968
Application number: 10-84-0175
., _OV 5
ORIENT ASSOCIATION
1984
Box 44, RD# 1 Orient (Long Island), N.Y. 11957
October 25, 1984
Justice A. Marshall Irving, Administrative Law Judge
New York State Dept. of Environmental Conservation
Office of Hearings, Room 213
Building 40, SUNY
Stony Brook, N. Y. 11794
RE' Appli~ation 10-84-0175
.
Dear Justice Irving,
This testimony has been prepared with the cooperation
and approval of the Board of Directors of the Orient Association
upon recommendation of the Association membership. In the absence
of the Association's presiding officers, it is respectfully
submitted by yours truly acting in their behalf.
The position of the Orient Association in opposition to
both parts of Mr. Samuels' application has been stated in part in
four letters which accompanied our request for party status.
We request that those letters be counted in today's hearing,
together with all letters from other associations and private
petitioners who plead that no development be allowed to destroy
the integrity of Hallock Bay.
The Master Plan for Southold Town, which is nearing completion,
will, with good reason, recommend that land in Orient located
south of the Main Road be up zoned to five acres. Today's hearing
concerns an application to place two homes on a mere 3.75 acres
of some of the most fragile of that land. Locally known as the
::Potato Dock", this part of the RG.llock F:~.rm is the relic of a
sizable shipping operation which was obliterated by the Hurricane
of 1938.
On August 29, the Southold Town Planning Board, as lead
agency in this application, denied Mr. Samuels' application because
more than 3/8 of the property,(i. e., 31,000 of 80,000 square feet,)
are subject to flooding and therefore not eligible in establishing
lot size. The Planning Board also expressed the opinion that
this is a poor area for such a proposal. Directly across Narrow
River Road from the Samuels property, the southernmost building
lots of the Settlers at Oysterponds development are divided into
long, rectangular parcels of roughly ten, eleven and twelve acres.
.
.
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2 .
Because of problems of flooding and drainage inherent in this area,
the building envelopes for these three lots are designated as
far back as possible from Narrow River Road, the Samuels property,
and the desirable water view. The remaining seven lots of the
subdivision contain a minimum of five acres. We suggest that
the Planning Board's standards for this development be required
for all other development in Orient until the Master Plan is
officially i~place.
A good mtasure of the Orient Association's opposition to
this application centers on the short environmental assessment form
submitted by Mr. Samuels, who answered all questions in the
negative. We respectfully submit our respone to the same form:
1. Will the project result in a large physical change to
the project site or physically alter more than 10 acres of land?
NO. Does not apply.
2. Will there be a major change to any unique or unusual land
form found on the site?
YES. The portion of the property which is now wetland
with wetland flora might be changed by residential use,
such as docks or piers.
3. Will project alter o~ have a large effect on existing body
of water?
UNKNOWN. There is the strong possibility that septic waste
will create problems for the public swimming area to the south
of the property and for shellfish in the immediate waters.
The problem of septic waste will be of particular concern because
of runoff after heavy rains.
4. Will the project have a potentially large impact on
groundwater quality?
UNKXOWN.
5. Will project significantly effect drainage flow on
adjacent sites?
UNKNOWN. Lower parts of Narrow River Road already flood
at times of heavy rains. Nothing is known of the applicant's
plans for grading or containing drainage to his own boundaries.
6. Will project affect any threatened endangered plant or
animal species?
NO.
7. Will project result in a major adverse effect on air
quality?
NO. Does not apply.
8. Will project have a major effect on visual character of
the community or scenic views or vistas known to be important
to the community?
YES, EMPHATICALLY. The very heart of what is perceived
to be Orient lies in the hamlet of Orient, which has landmark
designation and in the Narrow River Road-Hallock Bay area
which we hope is on the way to becoming a nature preserve.
At all seasons, this area offers an unbroken vista of the
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3.
type of environment that is being systematically nibbled away
by development. Given the low quality of the applicant's
land, the landfill and berming required to create a buildable
site would cause an abrupt intrusion in an area of flat,
open space and long views in uncharacteristic and undesirable
'.ay.
9. Will project adversely impact any site or structure of
historic, prehistoric or paleontological importance or any
site designated as a critical environmental area by a local
agency?
UNKNOWN. The outcome of this application will have a
major effect 6n deterzining the environmental importance
of the Hallock Bay area.
10. Will project have a major effect on exiating or future
recreational opportunjties?
UNKNOWN. Historically, the existence of a residence
adjacent to a public area creates problems.
11. Will project result in major traffic problems or cause
a major effect to existing transportation systems?
NO. Does not apply.
12. Will project regularly cause objectionable odors, noise,
glare, vibration, or electrical disturbance as a result of
the project's operation?
NO. Does not apply.
13. Will project have any impact on public health or safety?
UNKNOWN. We refer again to potential problems regarding
the adjacent public bathing area and the shellfish in the
immediate area.
14. Will project affect the existing community by directly
causing a growth of more than 5 percent over a one year period
or have a major negative effect on the character of the community?
YES to the second part. We refer again to the Master Plan's
recommendation for five acre zoning in this area, as well as
to the letters sent to the DEC and other agencies,expressing
local sentiment about what this property represents to the community.
15. Is there public controversy concerning the project?
YES, EMPHATICALLY. As Mr. Samuels knew at the time he
checked NO, his application is opposed by the Orient Associa~ion,
the North Fork Environmental Council, the Baymen's Association,
and by private petitioners. Altogether, this represents
approximately one thousand residents of Southold Town in general
and of Orient in particular who have joined together in opposition
to the senseless loss of a cherished environment.
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4 .
Our tally of Mr. Samuels' environmental impact form counts
fivp. NOs, four of which do not apply, four YESses, and six UNKNOWNs.
Of the questions that we have answered as unknown, we sincerely
hope that you will make your decision on the side of caution.
Much is said about the right of an individual to develop land
for financial gain, and the Orient Association wishes to make it
clear that it supports this right, but only insofar as it does not
encroach upon the rights and income of others. This includes
the rights of a future buyer who may find at a future date that
building on such a site is inadvisable. As our Planning Board
statesJ it is, indeed, I'a poor area to sQueeze in-two lots."
>>
Respectfully submitted,
~~
On behalf of the
ORIENT ASSOCIATION
f
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". NOli 5 '981
orient
September 30, 1984
A. Marshall Irving
Administrative Law Judge
New York State Department of Environmental Conservation
Office of Hearings
Room 213, Building 40
SUNY
Stony Brook, NY 11794
Re: #10-84-0175: Narrow River Road, Orient
Dear Justice Irving,
I am writing as a property owner and resident of Orient, New York,
and as a member of the Orient Association and its committee for
...... .
the preserveat~on of Hallock's Bay. I request party status
at the hearing for myself or other representatives of the committee
or the association. I am enclosing photographs which I would
like to have entered as evidence in the proceedings.
The property in question, on Narrow River Road, has been
denied a subdivision by the Town Planning Board of Southold
on the grounds of insufficient acreage. We strongly urge that
permission to build a revetment be denied as well, and indeed
that no building be allowed on this property, for the fOllowing
reasons:
1. Hallock's Bay is very fragile and is of vital importance to
the ecology of the east end and to its shellfishing industry.
The Closing of Mattituck and Mill Creeks to shellfishing by the
DEC illustrates how close and imminent is the danger of bacterial
POllution of Ha1lock's Bay due to stccm runoff and residential
septic systems.
2. This property is ~,rticularly sensitive for two reasons: it
is immediately adjacent to public access for swimming and
shellfishing, and it is of very low elevation, considerably
lower than Narrow River Road and nowhere, except immediately
at the existing portions of the dike, more than five feet
above mean high water. It is entirely flooded in heavy rains,
as has occurred many times during this summer. This, and the
shallow septic system, would cause immediate danger of pOllution
of the public swimming and shellfishing area, as well as the
larger bay. Permission to build here should be denied under
Section A 106-36C of the Wetlands Ordinance. It should be
pointed out that the "Settlers" property directly across
Narrow River Road from the Samuels property is there divided
i~ 10, 11 and 12 acre lots because of the flooding and drainage
problem~,.a~ the building envelopes are at the opposite ends
of the lots. \
3. A minimum of five-acre zoningpas been recommended for this
c rea of Orient under the Master PIon, to preserve the W2 ter toble.
4. The rip-rup revetment would be entirely out of scc:;le and ,;
gross imposition aesthetic"IIY ;'nd ecologic"lly. Ple.,se note
th"t the line of it has not been included on Nr. Samuel's survey;
I am submitting photogrophs which show the position of the
markers for it. The Town Trustees, who were not certain of
its exact position, recommended approval of it~s construction
only to the height of the existing elevation Of the land;
.
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~
it C3n be seen from photographs that in many places the land
is little above high water mark. Existing masonry walls
are less than five feet in height. An earthen dike would be
more appropriate aestheticallY and ecologically.
5. Development of this property would not be consistent with the
expressed intention of the state and the~own to preserve
Hallock's Bay, and tee purchase thereby of neighboring property.
Additional property in the vicinity is protected by the
Nature Conservancy. The Samuels property is a small but
crucial lynchpin in this preservation effort, because of its
direct proximity to public bathing and shell fishing and beeause,
'I<lr1w"""'C~ except for the marin, buildings, themselves
apparently of questionable leg3lity, there are no other
residences on this stretch of frontage of the bay, nor
threatening the creek.
Sincerely,
Fredrica L. Wachsberger
.'
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cc. _TY OF SUFFOLK
PETER F. COHALAN
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF HEALTH SERVICES
OAV'D HA""'" M.D.. M.P.H.
cooo___u
October 29, 1984
Mr. Thomas E. Samuels
Haywater Road
Cutchogue, New York 11935
Re:
Proposed Minor Subdivision for Samuels, (T) Southold
(SCTH 1000-027-2-3)
Dear Mr. Samuels:
Your request to appear before the Board of Review of the Suffolk County Department of
Health Services has been received.
The review of this case has been scheduled for November 9, 1984 at 11:00 a.m. in
the Suffolk County Department of Health Services Conference Room, 2nd floor, North Wing,
County Center, Riverhead.
You and interested parties are requested to appear, with or without counsel, and you
may produce any information or evidence concerning the above referenced property.
Very truly yours,
Robert A. Villa, P.E.
Chairman
Board of Review
RAV:cah
CC: Mr. Joseph H. Baier, P.E.
Mr. Harold Scott
Mr. Royal R. Reynolds, P.E.
Mr. Charles G. Lind ~
Town of Southold Planning Board ~
D ~~\~\\f\
COUNTY CENTER
RIVERt-lE..l.D. N. Y. 1 I gO 1
(516) 548-3317
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SEP 6 1984
JlMESH.IWJBO.IIC.
BISHOPS LANE
SOUTHAMPTON, N. Y 11968
PHONE: (516) 283.1254
WUNNEWETA ROAD
CUTCHOGUE, N. Y 11935
PHONE: (516) 734.5858
Sept 4-, 1984-
Southold Town
Conservation Advisory Council
Town Hall
Southold, N.Y. 11971
Att: Frank Cichanowicz
Re: Narrow River Rd.
Dear Mr. Cichanowicz:
As per your request, let me state the
following.
r intend to plant low marsh (spartina
alternaflora) on one meter centers seaward
of the propsed rip rap revetment in order
to re-establish the low marsh destroyed in
the Hallock Road project some years ago.
r trust the permits .for this project
will be forthcoming. Enclosed please find
a photo of a 2.1 acre marsh planted four
years ago in Southampton on one meter centers.
/~,
cc: N.Y.S.D.E.C.
Southold Town Board
" "Planning Board
" "Trustees
The Orient Association
.
&
Southold, N. Y. 11971
(516) 765-1938
October 17, 1984
Mr. Robert W. Takser
Town Attorney
425 Main Street
Greenport, NY 11944
Re: Thomas Samuels at Orient
Dear Mr. Tasker:
Enclosed is a copy of a letter received from Thomas
Samuels by certified mail, and a copy of the Planning Board's
resolution denying his application. Also enclosed is your
letter of February 4, 1983 to the Planning Board regarding Section
l06-36C of the ordinance.
May we remind you that we are still awaiting a response to
our previous requests for your legal opinion on Section l06-36C
as it pertains to computations for two-acre building lots.
Thank you for your attention in this matter.
'-:J'
Very truly yours,
~ffi-CtL OrLDwYu:., ~
BENNETT ORLOWSKI, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
enc.
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OCT 1 A '98~
_ElH.._.1C.
BISHOPS LANE
SOUTHAMPTON, N. Y 11968
PHONE: (516) 283-1254
WUNNEWETA ROAD
CUTCHOGUE, N. Y. 11935
PHONE: (516) 7345858
October 15, 1984
The Planning Board
Town of Southold
Main Road
Southold, N.Y. 11971
Att: Mr. Bennett Orlowski
Re: Thomas E. Samuels
Narrow River Rd.
Orient, N.Y.
Minor Subdivision
Dear Mr. Orlowski:
I have been asked by my attorney, Mr. Stephen
Angel of Esseks, Cuddy, Hefter & Angel to acquire
the following information.
Please forward a copy of the Town Attorney's
determination of the legality of the Board's
application of the Zoning Code in the denial of
my project.
I respectfully request this information as
soon as possible. Thank you for your consideration.
('
\
SirelY,
/ ~.
Thomas E. Samuels
Certified Mail
P 382 508 640
Return Receipt
"
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OCT ~ 1984
.
4390 Orchard Street
Orient, New York 11957
October 5, 1984
Mr. A. Marshall Irving
Administrative Law Judge
New York State Department of
Environmental Conservation
Office of Hearings
Room 213, Building 40
SUNY at Stony Brook
Stony Brook, New York 11794
Dear Mr. Irving:
SUBJECT: APPLICATION OF THOMAS SAMUELS - NO. 10-84-0175
I want to participate in the October 25, 1984 public hearing for this application
to voice my opposition to the project due to the reasons outlined below.
There is more at issue here than a simple subdivision and wetlands permit. The
real issue is: What is to be the future of Hallock's Bay? Permitting this sub-
division by the NYSDEC when the application has already been rejected by the
Southold Town Planning Board and the Suffolk County Department of Health Services
would set a dangerous precedent for continued.development around Hallock's Bay.
Granting approval would also be inconsistent with the knowledge that the DEC has
already ordered the closing of Mattituck and Mill Creeks in Southold due to
elevated coliform bacteria counts. Allowing excessive development bordering
Hallock's Bay is certain to ensure a similar fate for the Hallock's estuary.
Ar. application to the DEC to develop the nearby property of Dr. Frances Perrone,
also on Hallock's Bay, was recently withdrawn as the state has indicated its in-
tention to preserve the estuary by purchasing the property. It seems inconsistent
that the state would allow subdivision of one property, thereby increasing the
threat of pollution of the bay, while purchasing a neighboring parcel to preserve
it. It is not necessary for the state to expend additional funds to buy the
Samuels' property, but it can help preserve the bay by limiting development on
its shores.
The Town of Southold has recognized the need to protect Hallock's Bay from sewage
contamination and stormwater runoff by calling for a minimum of five-acre zoning
around its shores in the draft master plan update. The subdivision "Settlers at
Oysterponds" on Narrow River Road was required to have five-acre minimum lot size
to prevent sewage and stormwater runoff of the development from contaminating
Hallock's Bay.
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Mr. A. Marshall Irving
Page 2
October 5, 1984
Covenants to prevent any future division of the lots in this subdivision were
required by the Southold Town Planning Board to protect the bay. In fact, the
four parcels bordering on Narrow River Road, immediately adjacent to the Samuels'
property, average nearly ten acres each.
Test well data from the Suffolk County Department of Health Services indicate
that groundwater is encountered less than three feet from the land surface. The
effluent of any sewage disposal system placed on the property would quickly leach
to the shallow water table. Groundwater flow is directly into the bay and would
deposit contaminants from the sewage disposal system into Hallock's Bay. Tides
from the storm of March 29 flooded the property and would have caused any sewage
system to overflow and drain into the bay, providing additional evidence of the
damage that could be caused by this development.
The residents of Southold Town have been able to enjoy swimming and shellfishing
in Hallock's Bay. We have seen the results of unwise development in shoreline
areas with the closing of Mattituck and Mill Creeks.
The environmental consequences of this project would be a degradation of the water
quality in the bay. Excessive shoreline development will certainly result in the
closing of Hallock's Bay to shellfishing. The loss to recreational and commercial
shell fishers would be tragic. Additional negative social implications of the
project will be manifested in the loss of scenic beauty of the area with views of
the water that would be obliterated by the construction of houses and berms.
All tl"d" t,"rm can be prevented by proper planning now. It is incumbent upon the
DEC t= ~_Ject this application to protect the public interest and preserve an
environmental asset for future generations.
Very truly yours,
4(;; ~.~7~,'. ;/
Martin Trent
MT/lst
cc Hon. Joseph Sawicki, Jr.
Town of Southold Planning Board
The Suffolk Times
.
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'--
state of New York
~
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..
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
PUBLIC HEARING NOTICE
APPLICANT: Thomas E. Samuels c/o J .H. Rambo Inc.
Bishops Lane, SouthamPton, NY 11968
APPLICATION NUMBER: 10-84~175
\l
PROJECT DESCRIPrrON AND LOCATION: Create two-lot residential subdivision by
dividing a 3.75 acre parcel into 2 lots of 83,300 Sq. ft. and 80,000 sCil.. Zt. and
install 340 ft. of concrete rip-rap wall landward of mean high water. Located
on west side of Hallock's Bay on the east side of Narrow River in Ot'ient,
Town of Southold, Suffolk County.
PERMITS APPLIED FOR: Tidal Wetlands
SEQR: The staff of the Department of Environmental Conservation, as lead
agency, determined that the magnitude of the environmental impact of the pro-
posed project does not warrant the preparation of a ~aft Environmental Impact
statement, and issued its determination on June 15, 1984, pursuant to 6 NYCRR
Part 617.
PUBLIC HEARING:
held on October
Road, Southold;
An adjudicatory public hearing on the
25, 1984 at 10:30 A.M. in the Southold
NY 11971.
application will be
Town Hall, 53095 Main
STATUTORY AND REGULATORY PROVISIONS: The processing of this application is pur-
suant to Environmental Conservation Law (f1ECLfI) Article 3, Title 3 (General
Functions, Article 70 (Uniform Procedures; and Article 25 (Tidal Wetlands);
and pursuant to the Official Compilation of Codes, Rules and Regulations of
the state of New York ("6NYCRR"), Part 621 (Uniform Procedures) and Part 661
(Tidal Wetlands-Land Use Regulations); and Part 624 (Permit Hearing Procedures).
FILING FOR PARTY STATUS: Party status to participate at the adjudicatory public
hearing held by this Department will be accorded only to those persons who can
provide a clear demonstration of social, economic, or environmental interests
which are likely to be affected by the proposed project. All persons, groups,
corporations or agencies desiring party status at the hearing must file a specific
statement in writing containing precise grounds for opposition, support, or inter-
est for the ]Jr'oject, including the nature of the argument and evidence which the
person intends to ]Jr'esent at the hearing and any other matter believed relevant.
ALL FILINGS REQUESTING PARTY STATUS TO APPEAR AT THE HEARING MUST BE RECEIVED AT
THE OFFICE OF HEARINGS !fr '.THE FOLLOWING ADDRESS NO LATER THAN THE CLOSE OF
BUSINESS ON October 19, 1984: A. Marshall Jrving, Administrative Law Judge,
New York state Department of Environmental Conservation, Office of Hearings,
Room 213, Building 40, SUNY, stony Brook, Net~ York 11794: Telephone (516)
751-7900, EXtension 258.
c~\
C'01
[it...\
ovw
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Page 2
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OOCUMENT AVAJLABJLITY: The application can be reviewed and copies of reproduc-
ible portions obtained for 25-cents per page at the above address.
^",
All Parties having an interest in this Project are urged to attend or be rep-
resented either individually or collectively at the hearing and to submit
pertinent testimony and exhibits to insure consideration of all positions and
issues. The Department's Decision will. be based solely on the hearing record.
The hearing may be cancelled if the filed objections are withdrawn or resolved.
A. ,,'Marshall Irving
Administrative Law Judge
stony Bt'ook, New York
DATE: _~eptember 24, ~984
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D
Southold. N.Y. 11971
(516) 765-1938
September 25, 1984
Mr. Ed Hindermann
Building Inspector
Town of Southold
Southold, NY 11971
Re: Application of Thomas Samuels
located at Orient
Dear Mr. Hindermann:
With regard to your inquiry on the area of the buildable
property within the above mentioned subdivision, we offer
the following information.
Area below the dike (area subject to flooding,g 106-36C)
is 31,000 square feet i.
Therefore, that deleted from the total square footage of
Lot 1 leaves 52,300 square feeti which does not meet the
subdivision regulations for the present zoning.
If you have any questions regarding this, please don't
hesitate to contact our office.
ery truly yours,
es Bry~~anner
thold Town Planning Board
JB:dms
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Page 4
. 8/27/84
Samuels located at Orient- This proposed minor subdivision is for (
2 lots on 3.75 acres. The Chairman reviewed pictures of the
area which were submitted to the Planning Board office. It was
also noted that the Board has received the amended surveys of
the lots and James Bryer, Town Planner, has reviewed them,
With the deletion of the meadow lands, there is not enough buildable
area for the current two acre zoning. Mr. Samuels was present
for this discussion and approached the Board, he explained that
meadow land is above the mean high water mark, therefore, he
feels that it can't be marsh. He stated that he had requested
Mr.Van Tuyl to indicate t he mean highwater mark because that
is the limits of the property. _ Mr. Samuels questioned the
time it took for the Board's action and the Chairman noted that
much of the time was spent discussion the various other possiblities
for the land with the applicant. Mr. Samuels requested that the
Board take action on the application and also indicated that he
felt Mr. Latham should refrain from voting due to the nature of
his business in relation to Mr. Samuel's business. Mr. Latham
stated that he did not have an interest in the business any
longer as it was being run by his son and Mr. Samuels withdrew
his request.
On a motion made by Mr. WArd, seconded by Mr. Mullen it was
RESOLVED that the Southold Town Planning Board deny the application
of Thomas Samuels to subdivide 3.75 acres into two parcels
located at Narrow River Road, Orient since the buildable area of
the lots is less than 80,000 square feet, therefore, lots of
insufficient area would be created.
(
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward
Mr. Latham asked that it be noted that he did vote in the motion.
Mr. Terrial representinq the Southold Town Bayman's Association
was present with .,.several objections other than the one expressed
by the Board in thier denial. The Chairman stated that the Board
would stand onthe original reason for denial since they cannot
approve any lots under 2-acres., and all the other information
was reviewed and taken into consideration. The Chairman suggested
that any additional objections be sent to the Department of
Environmental conservation for thier public hearing. Mr. Mullen
requested that the following letter from the Planninq Board file
be read into the minutes: Mr. Samuels letter of May 8, 1984,
" allow me to thank you for your courteous attention to the
\referenced application of last evening" I think we have proceedEl.
in a timely and orderly manner since the original application
was made November 1983, said Mr. Mullen.
* * *
On a motion made by Mr. Mullen, seconded by Mr. Latham it was
RESOLVED th~the Southold Town Planning Board qrant an extensioR
to Marqery Dickinson Burns for filing final maps of the
subdivision of Margery D. Burns, located at Southold, for a period
not to exceed 90 days from the date of this resolution.
E
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward.
AUG 24 1984
t ·
ORIENT ASSOCIATION
.
Box 44, RD# 1 Orient (Long Island), N.Y. 11957
August 23, 1984
Southold Town planning Board
Southold, New York, 11971
Dear Sirs,
The orient Association wisheS to reiterate its concern about
the potential effects of development of the Samuels property
on Narrow River Road, Orient, (Tidal Wetlands Permit No.10-84-
0175). In addition to the reservations expressed in our letters
to the DEC of June 9 and July 11, we feel it necessary to question
the new survey as to the accuracy of the mean high water mark
in relation to the existing masonry walls, and to the extent
to which wetlands and meadow have been included in the property
measurements. We would also like to call attention to the
elevations on the new survey, which reveal that excepti for the
area immediately around the existing dike, the property has for
the most part an elevation of only five feet. It is entirely
flooded in heavy rains, as has occurred many times this summer.
According to Section A 106-36C of the Wetlands Ordinance, lands
subject to flooding should not be platted for residential use, and
there is ample precedent for refusing the right to build on such
lands. It should be pointed out that the "Settlers" property
is subdivided into 10, 11, and 12 acre lots directly across
Narrow River Road from the Samuels property because of the quality
of soil and water drainage at that end, and the building
envelopes there are at the opposite ends of the lots.
The Association is particularly concerned because the Samuels
property is directly adjacent to a 50-foot public right of way
for swimming and shellfishing, and any sanitary system placed
on this property, given its elevation, would create a severe
health hazard and endanger the bay through the ftreat of seepage
and drainage. It would not be consistent with the expressed
intention on the part of the s,tate and the town to preserve
Hallock's Bay, and intention evidenced by the purchase of nearby
property and by the projected five-acre minimum zoning in this
area, to permit a direct hazard of this sort. The DEC has in
its file letters representing approximately 1000 persons,
inCluding the Baymen's Association, the North Fork Environmental
Council, the Orient Association, and private petitioners, pleading
that this area remain undeveloped to protect the integrity of
the bay.
It is also important to voice other community fears: that owners
of any potential homes on this property would want to install
docks and dredge the bay, further endangering it and imposing
on the public right to safe bathing and shellfishing, and that
due to the high flood plain, any construction would have to be
raised on stilts, destroying the aesthetic integrity of the area.
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Fred Letson, Pres1dent
cc: Southold Town Trustees The Orient Association
Southold Conservation Advisory Council
AUG 24 1984
. .
ORIENT ASSOCIATION
Box 44, RD# 1 Orienr (Long Island), N.Y. 11957
August 23, 1984
Thomas E. Samuels
James H. Rambo, Inc.
wunneweta Road
Cutchogue, New York, 11935
Dear Mr. Samuels,
Thank you for your letter of August 1, offering to match funds
from the orient Association for a benthic study and core samples
of the bay bottom of Hallock's Bay.
The Association has formed a committee which will initiate
a broad investigation of the problems of Hallock's Bay,
including farm runoff and the threat posed by nearby residential
development, and of the possible solutions to these problems.
We intend to work closely with local government and conservation
groups, and at this time are in no position to commit-
private funds to addressing one limited aspect of the problem.
SinceJ:".~lY ,
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Fred Letson, President
The orient Association
CCI Southold Town Planning Board
Southold Town Conservation Council
N.Y.S.D.E.C.
Southold Town Trustees
Mr. Stuart Horton
Dr. Orville Terry
"
. .
AUG 24 1984 ORIENT ASSOCIATION
Box 44, RD# 1 Orient (Long Island), N_y' 11957
August 23, 1984
Southold Town Trustees
Southold, New York, 11971
Re: Wetland Application no.212, Thomas E. Samuels
Dear Sirs,
We are enclosing copies of our letters to the DEC of June 9
and July 11 regarding this application. It should be noted that
the DEC has in its file letters representing some thousand
persons, including the Bayrnen's Association, the North Fork
Environmental Council, the orient Association and private
petitioners, pleading that this area not be developed.
We urge that no permission be given to alter this site in
any way until final dispensation is made as to its use; The
proposal to build a rip-rap revetment should be considered as
part of the entire proposal to develop the land. The land in
question has only a five-foot elevation and is entirelY flooded
during heavy rains, which should disqualify it from residential
development under Section A 106-36C of the Wetlands Ordinance.
Further, it is directly adjacent to a 50-foot public right of
way to swimming and shellfishing, and with its low elevation
would have a sanitary system which would pose a direct-threat
to the health and safety of bathers and shellfishers and to the
bay itself due to drainage and seepage back into the bay. It
should be noted that the "Settlers" property directly across
Narrow River Road is subdivided into 10, 11, and 12 acre lots
at precisely this point owing to the poor quality of soil and
water drainage at that end, and the building envelopes there
are at the opposite end of the lots. Further, a minimum of
5-acre zoning has been recommended for this area to preserve
the ~uality of the bay and the water-table.
As to the use of rip-rap per ~, conservationists have argued
that if anything is to be done it should be an earthen dike
planted with bayberry and groundsel, with the area above and
below it replanted to establish the narsh; earth dikes have
surrounded Hallocks Bay since the hurricane of 1938 and have
withstood many storms without erosion.
If the short environmental assessment form submitted by the
applicant, who has answered all the,uestions in the negative,
may be taken to refer to the projected development as a whOle,
questions #5,8,10,13 and 15 should be definitely marked
affirmative, and #3 and 4 at least (11;lestionable. r.-., _
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L - - ~Letson, President
Orient Association
cc:Southold Conservation Advisory Council
NYSDEC
Southold Town Planning Board
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.
AUG 24 1984
ORIENT ASSOCIATION
June 9, 1984
Mr. Dennis W. Cole
NYSDEC, Bldg. 40
SUNY-Room 219
Stony Brook, N. Y. 11794
RE: Application of Thomas Samuels, Tidal wetlands 10-84-0175
Dear Mr. Cole,
On behalf of the Orient Association, we, the undersigned,
urge the NYSDEC to re-evaluate the SEOR determination on
Thomas Samuels' application for sub-division, Tidal wetlands,
10-84-0175. We believe that a careful site inspection of the
property will show that development of this land will have a
significant. effect on the environment.
We respect the right of an individual to develop land Eor
financial gain only insofar as it does not encroach u~n the
rights and income of others. Hallock Bay is a prime source of
shellfish whose output has been valued at upwards of two million
dollars per annum. The Southold Town Planning Board has determined
that the proposed septic systems would be too close to Hallock
Bay for safety, and we agree.
The Planning Board also questions the accuracy of the
applicant's survey with regard to elevation and the actual
square footage of buildable land. We question the applicant's
claim that the water quality is accaptable. We also question
the effect of development upon the already fragile aquifer.
In his letter to the Planning Board of May 8, 1984 (enclosed
herewith), the applicant claims that development will afford
significant benefits to the quantity and quality of available
water. He bases this claim on comparable use of the property
as farmland. In truth, because severe storms from the East
flood the uDlan~.rtion of this small, irregularly-shaped
tJl~-s-.A't" '
propertYAsevera imes a year, the land cannot be and never
has been farmed. Therefore, development of the land would
constitute a one hundred per cent increase in water consumption
and contamination.
Site examination will also raise questions regarding the
so-called masonry walls which appear on the survey well within
the ordinary high water mark. The broken masonry relic of the
old Hallock dock a~tually lies outside the shore line. As the
Planning Board has stated, there is question about the accurate
measurement of the property.
.,
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.
.
,-
ORIENT ASSOCIATION
Hr. Dennis W. Cole- 2
Regarding this broken wall, we are apprehensive a.bout how
it will be replaced and what type of dredging and earth moving
this might entail. The applicant, who owns a dock-building
facility, has already destroyed many wetland indicators and has
broken. through part of the existing dike.
Hallock Bay and Narrow River are now under consideration
for preservation by both Nature Conservancy and New York State.
The area's practical value as a source of income to residents
of Southold Town, as well as its priceless value as a rare,
natural preserve, require consideration befor~ any change is
approved. We urge you to make a thorough examination of the
particulars of this application before you arrive at a decision.
Sincerely,
1
.
.
ORIENT ASSOCIATION
AUG 24 1984
July 11, 1984
Hr. Dennis W. Cole
NYSDEC, Bldg. 40
SUNY - Room 219
Stony Brook, N. Y.
11794
RE: Application of Thomas Samuels, Tidal Wetlands 10-84-0175
Dear Hr. Cole,
We request that this letter be considered an addendum to
our correspondence of June 9, 1984. ror the same reasons stated
in that letter, we object to the more recent application to install
concrete rip-rap on the Narrow River Road property before the
mean high water mark is established accurately by a new survey.
If any of the rip-rap is intended for the inside of the existing
masonry walls, its installation will cover and fill a significant
amount of beach and wetland.
Development of this.land will have a pivotal effect on
the future health and quality of Hallock Bay. Again, we encourage
thorough site examination of the property. We also urge you to
weigh carefully the issues raised in correspondence by and on
behalf of the many people who will be effected by your deciSion.
.
Sincerely,
Committee for Planning Board issues
ORIENT ASSOCIATION
William E. Ashworth
Dorothy H. Berks
Jerie R. Newman
Helen Proud
Gertrude K. Reeves
William Y. Terry
Frederica wachsberger
AUG 2 1984 .
.
_ElH-UJJalle.
BISHOPS LANE
SOUTHAMPTON, N. Y. 11968
PHONE: (516) 283-1254
WUNNEWETA ROAD
CUTCHOGUE, N. Y. 11935
PHONE: (516) 734-5858
Auc;ust 1, 1'=)81!-
Southold Tovm Planninc Board
Tmm Hall
Main Road
Southold, N.Y. 11971
Att: Hr. '3. Orlos1;i
Be: Narrow River Rd.
r.1inor subdivision
Dear Mr. Orloski:
Enclosed please find requested additional
survey data on the referenced project. ;!jay I
assume that you will not table this matter further.
I m~T assure you that preservation of open space
in the nublic interest can not be accomnlished at
1)rivate" cost. Please lot ne know if and \'ihen ;you
choose to hea:c' further on this matter.
SiEc.erel~y ,
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Southold. N.Y. 11971
(516) 765-1938
June 5, 1984
Dennis W. Cole
NYSDEC, BUilding 40
SUNY-Room 219
Stony Brook, NY 11794
Re: Application of Thomas Samuels
Tidal Wetlands Permit No. 10-84-0175
Dear Mr. Cole:
At the regular meeting of June 4, 1984 of the SoutholdTown
Planning Board the fOllowing was taken.
RESOLVED that the Southold Town Planning Board state their
objections to the DEC regarding the application of Thomas
Samuels for a tid?l wetlands permit which are.as follows:
1. No evidence was found that a proper topographic survey
was performed on the site.
2. The location of mean high water-an on site inspection
reveals that mean high water was found to be at elevation
five (5) according to the survey received by this office.
3. That the existing dike has been interrupiEd cut through)
to drain the propeFty.
4. That the sanitary systems, due to the high ground water
table and the low elevation of the property, may seep
due to the ground water run-off, back into the Bay.
5. Due to the approximate mean high water line, that the
lot sizes may be reduced below the zoning requirements.
Very truly yours,
BENNETT ORLOWSKI, JR., CHAIRMAN
TOWN PLANNING BOARD
Q ~\ <\'\ 0.:..11-<1
. s~ultze, ~~retary
ec: Thomas SamuelS.
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42li KING STREET
ORIENT. NY 11957
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South old Town Baymen's Assn. lnc.
POST OFFICE BOX 523
GREENPORT, LONG ISLAND, N.Y. 11944
June 13, 1984
Mr. Dennis W. Cole
New York state Department
of Environmental Conservation
Bldg. 40, Room 219
SUNY
Stony Brook, N. Y. 11794
HE: TIDAL \ifETLANDS APPLICATION 10-84-0175
Dear Mr. Cole,
I am writing to register the Southold Town Baymen's Asso-
ciation's objection to the application cited above.
It is well kno.m to your Department that Hallock's Bay pro-
vides a livelihood to many fishermen who harvest thousands of
bushels of shellfish there -- a major source of income to this
East End area. I would mention also that to help maintain this
high level of productivity the Baymen's Association and Southold
Town have cooperated for the last fifteen years in a shellfish
conservation program. We feel that ~he building of houses on the
edge of the bay would threaten what we have worked hard to achieve
and maintain over these many years.
This wetlands application, following as it does a recent proposal
for construction on Gid's Island, indicates the growing pressure
exerted by speculators to develop this untouched tract and, with
the example of Great South Bay, argues for a conservation plan
for the whole periphery of Hallock's Bay,
Sinc~
Chester Begley
Acting President
cc: ~~. Frank ~phy, SUpervisor, Town of Southold
Board of Trustees, Town of Southold
Planning Board, Town of Southold
Assemblyman Joseph Sawicki
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AUG 2 1984
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JAMES H.RIM.D..Ie.
BISHOPS LANE
SOUTHAMPTON, N. Y. 11968
PHONE: (516) 283-1254
WUNNEWETA ROAD
CUTCHOGUE, N. Y. 11935
PHONE: (516) 734-5858
August 1, 1984-
.8outhold Town
Conservation Advisory Council
Southold, N.Y. 11971
Att: [.jr. Frank Cichanowicz, Chairman
Se: Rarrow River Road
!-linor subdivision
~ear !-lr. ,Cichanowicz:
The proposed rip rap revetment will be totally
above mean high water. The concrete roadway, footings
and pilings, which presently are in the intertidal
range.l will be removed, creating a new intertidal zone
capable of supporting low marsh (spartina alternaflora)
and high marsh (spartina patens) seaward of the
,revetment. In time, natural revegetation will occur,
provided that wave energy allows.
We have been successful, in low wave energy areas,
in planting low marsh. These plants are plugged on
one meter centers and in thirty six months result in a
vigorous marsh. Any work of th1S type would, of course,
be contingent on my becoming aware of being fairly
treated by the Southold Town Planning Board. I am not
presently convinced of this treatment. Application
originated in November, 1983.
If I may be of further assistance, do not hesitate
to call.
Sincerely,
C S
Th!!!s~e18
C^"
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The Orient Association
Southold Town Planning Board
N.Y.S.D.E.C. Application No.
10-84--0175
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AUG 2 19B.f
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JAMESH.UMBO,IIC.
BISHOPS LANE
SOUTHAMPTON, N. Y. 11968
PHONE: (516) 283-1254
WUNNEWETA ROAD
CUTCHOGUE, N. Y. 11935
PHONE: (516) 734.5858
August 1, 1984
Association at Large
The Orient Association
R.R.f}l, Box 44
Orient, N.Y. 11957
Re: Narrow River Rd.
Minor subdivision
Gentlepersolls:
I was aware, of course, of the loss of vigor of
Hallocks Bay described by Mr. Horton at the last
meeting.
I believe that the principal source of the lower-
inG of quality of the Bay is f~ operation run off.
There can be no question that ~he Orient water quality
problems also find this source. Water quantity problems
south of the main road are directly related to farm
irrigation. It is notable that only after prolonged
irrigation do the farmers experience temporary salt
water intrusion. Farming, however, is crucial to the
preservation of open space. I hope that our farmers
can continue to farm economically, for they are most
valued citizens.
The run off of 'fines' from farm erosion is a
national problem. That the vitality of Hallocks Bay
has deteriorated may in fact be due to the accumulation
of fines (becoming mud) over the productive bottom.
In studies done elsewhere in the Town, this has been
the case. There are remedies, but I believe a study
of Hallocks Bay should be done.
I am willing to match funds contributed by the
Association for a benthic study and for core samples
of the Bay bottom. With this data, an intelligent
cont.
. .:1'
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AUG 2 1984
.
cant.
approach to the management of the Bay could be made.
I remain willing and able to help the Association
arrive at the true basis for it's concerns on the
environmental quality of Hallocks Bay.
Sincerely,
C,YG~ __ _ C:-J
fz~>'
Thomas E. Samuels
cc: Hr. Stuart Horton, Main Rd. Orient
Dr. Orville Terry, Main Rd. Orient
South old Town Planning Board
,
Southold TO~Tn Conservation Council
N.Y.S.D.E.C. (Application No. IO-8~-0175
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JUN 151984
_SH.....IIC.
BISHOPS LANE
SOUTHAMPTON, N. Y. 11968
PHONE (516) 283-1254
WUNNEWETA ROAD
CUTCHOGUE, N. Y. 11935
PHONE: (516) 734.5858
June 13, 1984
Mr. Bennett Orloski Jr.
Southold Town Planning Board
Town Hall
Southold, N.Y. 11971
Re: Minor subdivision
Orient
Dear Mr. Orloski:
I have received your letter of June 5, 1984
and will be pleased to comply with your request
for additional information, in order that you can
make a prompt decision.
The Planning Board received my application
on November, 1983. On January 12, 1984 SEQRA
action commenced. For a period of six months,
any and all requests for data have been promptly
attended to. Six months later, additional data
has now been requested after consideration of
Town purchase of the property, or a portion
thereof.
I trust that you are concerned with treating
your applicants in good faith. I am perplexed
by your actions to date. Enclosed you will find
a decision concerning the wetland portion of the
property seaward of the farm dikes.
Sincerely,
T
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,
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j\}N 15 \984
D
Southold, N,Y. 11971
HENRY E. RAYNOR, Jr., Ouzjrman
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RJTCHIE LATHAM,Jr.
WILUAM F. MULLEN,1L
TELEPHONE
765. 1938
January 12, 1984
Thomas Samuels
89 Haywater Drive
Nassau Point
Cutchogue, NY 11935
Re: Minor Subdivision of Thomas Samuels
Located at Orient
Dear Mr. Samuels:
The follwoing action was taken at the Southold Town
Planning Board meeting, Monday, January 9, 1984.
RESOLVED that the Southold Town Planning Board
does not grant sketch approval of the Minor Subdivision
of Thomas Samuels, located at Orient.
RESOLVED that the Southold Town Planning Board declare
itself lead agency in regard to the State Environmental
Quality Review Act for the MillOL Subdivision of Thqmas
Samuels, located at Orient. An initial determination
of non-significance has been made.
Upon review of the above mentioned proposal, it is
the concensus of the board that more information is required.
Please complete the enclosed forms and return them, along
with three (3) copies of the above captioned map, to this
office so we may begin SEQRA action.
If you have any questions, contact this office.
very truly yours,
HENRY E. RAYNOR, JR. CHAIRMAN
SOUTHOLD TOWN P~ING BOARD
~~ .E'. (\A
By Diane M. Schultze . (5\~
Enclosure
.
granted; and the.er in the Wager proceeding should ~firmed,
'with costs.
__ '. ~r r *. f ~ ,.-- ~F\' " ,
JASEN, GABRIELLI. .JONES, WACHTL~~ amI FUCHSBERG, ,,~:~ .l.. (; 1,;;:~4
JJ.. concur.
COOKE, J.. taking no part.
In Matter of Board of Educ. of Enlarged Ogdensburg City School
Dist. (Wager Constr. Cor".): Order affirmed.
In Matter of Board of Educ., Union Free School Dist. No.8, Pearl
River (Gramercy Contrs.): Order reversed, etc.
o lUYlUalIEllSYSUM
37 N.Y.2d 292
.J:.'2 ...L DOLPHIN LANE ASSOCIATES. LTD., Appellant. v. TOWN OF
SOUTIIAlIIl'TON, Responde'lt. and Trustee. of the Freeholdero and
Commonalty of the Town of Southampton, Intervenor.Reopondent.
Court of Appeals of New York.
July 2, 1975.
Action was brought to establish the boundary line of plaintiff's
shoreside property. The Supreme Court, Special Term, William I.
Geiler. J., 72 Misc.2d 868, entered jlidgment with respect to boundary
line and an appeal was taken. The Appellate Division of the Supreme
Court in the Second JUllicial Department, 43 A.D.2d 727, 351 N.Y.S.2d
364. affirmed and appeal was by permission. The Court of Appeals,
Jones, J., heid that it was error as a matter of law to locate the
high-water line along the shoreside property by reference to the type
of grass test rather than the traditional line of vel\'etution test.
Order modifit.~1 an,i case remitted for further proceedings in
accordance with opinion and, as, so_ modified, affirmed.
~.
1. Navigable Wate.. .,." ~6(3)
In determining lncation of high~water line along bay and thus the
location of northern hou ndsJry of owner's lot, court erred as a matter
of law by reference to the. type of grass test introduced by the town,
and the line of vegetation which had been traditionally used by
surveyors was the proper test.i
I,
.
.
2. Navigable W. -36(3) a
. Location o~undary for shoreside property depen~n a combi-
nation of the verhal formulation of the houndary line, that is, the
high-water line, and the application of the traditional and customary
method by which that verbal formulation has been put into. practice in
the past to locate the boundary line along the shore in view of the
importance of stability and predictability in matters involving title to
real property.
...1.. Michael Permut, New York City, for appellant. ...l!."
Renry Root Stern, Jr., John P. Rederman, Richard B. Marrin and
John J. Witmeyer, III, New York City, for respondent and intervenor-
respondent.
...1.. Bernard S. Meyer and Stephen P. Seligman, New York City, for the .J!."
New York State Land Title Ass'n, amicus curiae.
...1..peter V. Snyder, Patchogue, for the New York State Ass'n of ...l!."
Professional Land Surveyors, amicus curiae.
JONES, Judge.
[1] We hold that it was error as a matter of law for the lower
courts in this case to ground determination of the location of the
high-water line along the southern shore of Shinnecock Bay and thus
the location of the northern boundary of appellant's property in the
Town of. Southampton by reference to the type-of-grass test intro-
duced by respondent town.
It is not seriously disputed in formulation that the northern bound-
ary line of appellant's property facing on Shinnecock Bay is the
high-water line. The lower courts so held and we concur. The sharp
dispute between the parties, joined by others asserting a broad inter-
est in the outcome, is as to the method or P"tof .by which the
high-water mark shall be precisely located on the land. In our
perception and analysis of the problem it is misleadingly simplistic to
conclude that resolution of this issue turns on the results of an
exhaustive scientific search for the precise line of average high water.
No legal significance attaches to the exact identification alonlU!his .J!.II.
portion of the south shore of Long Island of refined hydrographic
data. The issue placed before the courts in this litigation is a more
practical, less sophisticated determination-location of the boundary
line of property, title to which has passed from owner to owner until it
has now vested in appellant.
Other aspects of the dispute between appellant's predecessor in title
and the Town of Southampton with respect to ownership of the
property in question were compromised by a survey and exchange of
deeds at the turn of the century. We see no warrant, however, for
.
disteng the conclusion of the trial cou.ow affirmed at the
..Appellate Division, that the resolution of differences reach"..1 in 1899
did not ('xlc'lIfl to U1' tutU'h on t.he locat.ion ur the norLhl~I'n, Hhillllcl~uel<.
Ba~' boundary of the property.
[2] Attaching real significance as we do to the importance of
stahility and predictahility in matters involviog' title to real property,
we hold that the )o<.."tion of the !Joundal'y to this shOl'C-side p,'op",.ty
depends on a combination of the verbal formulation of the boundary
line-i. c., the high-water line-and the application of the traditional
and customary method by which that verbal formulation has been put
in practice in the past to loCate the boundary line along the shore. To.
accept tbe linguistic definition but then to employ an entirely new
technique, however intellectually fascinating, for the application of
that definition, with the result that the on-the-site line would be
significantly differently located, would do violence to the expectations
of tbe parties and introduce factors never reasonably within their
contemplation. Thus, to recognize, as the town's argument must, that
the type-of-grafs test for location of the high-water mark may one
day be ,'eplaced by an even more sophisticated and refined test for
determining the high-water line, with a consequent shift again in the
on-the-site location of a northern boundary line, is to introduce an
element of uncertainty and unpredictability quite foreign to the law
of conveyancing,
The evidence in this case was really not disputed that prior to this
litigation it had been normal practice to locate the high-water line by
reference to the line of vegetation. If a change is to he made in the
procedures for locating shore-side boundary lines to conform more
precisely to hydrographic data, in our view, such innovation should be
left to the Legislature.
..1.!." ..L There was uncontroverted testimony here that it was the long-
standing practice of surveyors in the Town of Southampton to locate
shore-line boundaries by reference to the line of vegetation. To give
effect to such uniform practice is not, as the town contends, to
delegate arbitrary powers to surveyors to determine property lines;
rather it is the obverse, namely, to recognize thllt property lines arc
fixed by reference to long-time surveying practice. The Attorney-
'General has recagrii7.ci\ the authenticity of the prnctice (33 N.Y. State
Dept.Rep. 415, 421). In Town or Southampto/1 v. M~'Cox Bay Oyster
Co. (116 N.Y. 1. 16. 22 N.E. 387, 392) in interpreting the language oC
the Dongan Patent, we wrote: "Even thoul\'h it be susceptihle oC the
-meaning claimed Cor it by the appellant.., the strict letter of the
instrument must now give way to the practical construction adopted
and acted upon hy the inhahitants of the town. Upon such construc-
tion all the private titles to lan,ls within the town rest; and. as has
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been aperiately said in the brief of the leu. counsel fOl' the
,'esl'ondent 'court., should not undertake. to reverse the action and
. (r:ulitions or ('c.mllll'i(~~, ancl ('ha"~(' titlt':ol whie'h have !lC.'('OIlW v('~h'(l
tlndel' contl"m'y views'." The cuntrolling' principle hc."c is that of
which we wrote in Heyert v. Orange.& Rockland Utilities (17 N.Y.2d
352, 363, 271 N.Y,S.2d 201, 209, 218 N.E.2d 263, 269): "Whatever the
...lIe mig-ht he if this WCI'C a ca.'I(' of first impression, it is cC/'Lain that
Lhousands of deeds convcying right." of way hetwccn private parties
nod instruments of dedication of puhlic highways have been made on
Lhis rulc, which has exisLed since the common Jaw began in this State
and which received its most recent expression unequivocally in this
court in 1959. It has ripened into a rule of property which cannot be
changed retrospectively without alLering the substance of prior land
grants. "
Accordingly, we hold that it wa.' error here to rely on independent,
~lovel means for location of the '1igh-water mark. The calIC Sh9Uld be
rcmi94dJ,or .the limited pU.r!>ose of determining the location of the
noi'diern boillidary of the property by reference to the line of veget.!L-
tion.
We have examined appellant's other contention. with ......pect to the
trial court's determination that there i. an easement in favor of the
public between the high-waleI' mark of the Atlantic Ocean and the
southerly top edge of the sand dunes and appelll,lnt'. related argument
that by the adjudication upholding such easement it was deprived of
property without due pl'oCeSS of law, and find them to be without
merit.
..L The order of the Appellate Division should be modified to direct .J!."
rcmittal to the Supreme Court, Suffolk County, to deLermine the
northern boundary line of the property by reference to the line of
vegetation, and, as so modified, the order should be affirmed.
BREITEL, C, J., and JASEN, GABRIELLI, WACHTLER, FUCHS-
BERG and COOKE, JJ" concur.
Order modified, without costs, and case remitted to Supreme Court,
SufColk County, for furthcr proceedings in accordance with .the opin-
ion herein. and, as so modified, afCirmed.
w
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Legal Notice
NEW YORK STATE
DEPARTMENT OF
ENVIRONMENTAL
CONSERVATION
NOTICE OF COMPLETE
APPUCATlON
Date: May 18, 1984
Applicant: 'lbomasSamueIs
Address: Haywalers Road
Cutchogue, NY 11935
, Permits applied for and ap-
plication number(s> Tidal
Wetlands, IIHl4-0175.
Project description and
location. Town of Southold,
County of Suffolk.
. Create a twl)olot residential
subdivision by dividing a 3.75
acre parcel into two lots
having 83,300 square feet and
80,000 square feet. The parcel
is located on tbe east side of
Narrow River Road in Orient,
New York, SCTM No.llJOO.027-
2-3. '
SEQR DETERMINATION:
SEQR-3 Project is an
unlisted action; it has been
determined that the project
will not have a significant
effect on the environment.
SEQR LEAD AGENCY New
York State DEC.
AVAILABILITY FOR PUB-
LIC COMMENT: Applica-
tions may be reviewed at the
address listed below. Com-
ments on the project must be
submitted to the Contact
Person indicated below by no
later than June IS, 1984.
CONTACT PERSON:
Dennis W. Cole
NYSDEC, Bldg. 40,
SUNY-Room 219
Stony Brook, NY 11794
(516) 751-7900
ITM3H529
-:The, Suffolk 1'imes - f. 2..(
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JI15 1984
ORIENT ASSOCIATION
June 9, 1984
Mr. Dennis W. Cole
NYSDEC, Bldg. 40
SUNY-Room 219
Stony Brook, N. Y. 11794
RE: Application of Thomas Samuels, Tidal wetlands 10-84-0175
Dear Mr. Cole,
On behalf of the Orient Association, we, the undersigned,
urge the NYSDEC to re-evaluate the SEQR determination on
Thomas Samuels' application for sub-division, Tidal Wetlands,
10-84-0175. We believe that a careful site inspection of the
property will show that development of this land will have a
significant effect on the environment.
We respect the right of an individual to develop land for
financial gain only insofar as it does not encroach upon the
rights and income of others. Hallock Bay is a prime source of
shellfish whose output has been valued at upwards of two million
dollars per annum. The Southo1d Town Planning Board has determined
that the proposed septic systems would be too close to Hallock
Bay for safety, and we agree.
The Planning Board also questions the accuracy of the
applicant's survey with regard to elevation and the actual
square footage of buildable land. We question the applicant's
claim that the water quality is acceptable. We also question
the effect of development upon the already fragile aquifer.
In his letter to the Planning Board of May 8, 1984, (enclosed
herewith),the applicant claims that development will afford
significant benefits to the quantity and quality of available
water. He bases this claim on comparable use of the property
as farmland. In truth, because severe storms from the East
flood the upland portion of this small, irregularly-shaped
property with salt water several times a year, the land cannot
be, and never has been farmed. Therefore, development of this
land would constitute a one hundred per cent increase in water
consumption and contamination.
Site examination will also raise questions regarding the
so-called masonry walls which appear on the survey well within
the ordinary high water mark. The broken masonry relic of the
old Hallock dock actually lies outside the shore line. As the
Planning Board has stated, there is question about the accurate
measurement of the property.
.,~
.
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ORIENT ASSOCIATION
Mr. Dennis W. Cole- 2
Regarding this broken wall, we are apprehensive about how
it will be replaced and what type of dredging and earth moving
this might entail. The applicant, who owns a dock-building
facility, has already destroyed many wetland indicators and has
broken through part of the existing dike.
Hallock Bay and Narrow River are now under consideration
for preservation by both Nature Conservancy and New York State.
The area's practical value as a source of income to residents
of Southold Town, as well as its priceless value as a rare,
natural preserve, require consideration before any change is
approved. We urge you to make a thorough examination of the
particulars of this application before you arrive at a decision.
Sincerely,
Committee for Planning Board Issues
ORIENT ASSOCIATION
william E. Ashworth
Dorothy M. Berks
Jerie R. Newman
Helen Proud
Gertrude K. Reeves
William Y. Terry
Frederica Wachsberger
cc: Southold Town Planning Board
ORIENT ASSOCIATION - RR#l, Box 44, Orient, N. Y. 11957
~.-
.
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t'1AY 9 1984
'"
JAMES H.RAMBO,ING.
BISHOPS LANE
SOUTHAMPTON, N. Y. 11968
PHONE: (516) 28J.l254
WUNNEWETA ROAD
CUTCHOGUE, N. Y. 11935
PHONE: (516) 734.5858
May 8, 1984
Southold Town Planning Board
Southold Town Hall
Main Road
Southold, New York 11971
Re: Minor Subdivision
Narrow River Road, Orient, NY
Gentlemen:
Allow me to thank you for your courteous attention to the
referenced application of last evening.
Having dealt with properties of this nature for many
years (not, I might add, as principal), I am only too aware
of their problems. That such problems become minor given
their value is a fact of which you are aware. I would like
to state the following:
1. The potential water use on the property is
less than 10% of the potential use, if farmed.
2. The elimination of contaminants coincidental
with farming is an asset to the Orient water table,
(i.e., aquifer).
3. The distance from the MHW mark of the sanitary
systems will result in total'safety to Hallock's
Creek (Bay) from bacterial and chemical contaminants.
4. The water quality on-site is equal to Orient's
water quality, i.e., Temik and higher than average
saline levels (but still acceptable to Suffolk County
standards which, I might add, are equal or exceed
Federal standards).
5. The subdivision meets Town Zoning requirements.
6. Substantial man-made structures between the
wetlands and upland (building areas) predating the
adoption of the .N. Y. S. D. E. C. regulations should
and will eliminate the jurisdiction of that agency
as to the buildings. The structures will, however,
conform to such regulations.
<Con't. )
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JAMES H.HAMID.I.C.
BISHOPS LANE
SOUTHAMPTON, N. Y. 11968
PHONE: (516) 283.1254
WUNNEWETA ROAD
CUTCHOGUE, N. Y. 11935
PHONE: (516) 734.5858
Hay 8, 1984
Page 2
(con't.)
~ll of the above were considered prior to my purchase
of the property since all structures will conform to Federal
Flood Hazard requirements, I find the statement that the
Board should protect the public particularly objectionable
and condescending. The implication must be taken, that my
intent would be to defraud or misrepresent the property to a
prospective buyer. The Board must be aware of its connotation.
The prospective purchase of part of the property is, I
believe, meant to rlacate a small group of our Town's people.
I am philosophically opposed to purchase of small parcels
which are not environmentally fragile. The cost of such pur-
chases are excessive, generally, given the size of the parcel.
I would rather, as a citizen of Southold, see the purchase of
truly fragile land in Orient (Pete's Neck, Gide Island, or
West Creek in New Suffolk). However, I remain open to the
Town's approach in this proposed purchase. The fact that the
Town recently purchased the Demarest Boat Ramp in the area
also might affect such a purchase. I do not believe that
we can realistically expect this to occur.
Therefore, I expect that the Planning Board will continue
its deliberations on the subdivision of the property and not
delay its deliberations o~erlong. This is a leqal subdivision
and I trust I will be fairly and justly treated.
To quote Chief Justice Oliver Wendell Holmes:
"l'/e are in danger of forgetting that a strong
public desire to improve the public condition is not
enough to warrant achieving the desire by a shorter
cut than the constitutional way of paying for the
change".
Most sincerely,
cc: Frank Murphy, Supervisor
'.
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June 13, 1984 f( I[jj.c.VVA..,
Mr. Dennis W. Cole
NYS D E C, Bldg 40
SUN Y Room 219
stony Brook, N.Y., 11794
In regard to Thomas Samuels' Tidal Wetlands Application 10-84-0175
Dear Dennis Cole,
Our main concern in this matter is the protection of
Hallock's Bay and its surrounding inlets and marshes.
You well know the value of bay marshes to the whole
of aquatic life. They are the seedbed of local fish of
every kind and thus the essential nourisher of all sea and
ocean life so that we are protecting what is of critical
importance to us but also of inestimable value far beyond
our local area.
How many marsh edged bays are there left on Long Island
where the shell fish are clean and where the ospreys nest and
fish, where foxes, deer, egrets, heron, and all sorts of wild
birds and animals show that this is one area that hasn't been
poisoned so far?
DO YOU KNOW OF ANY BAY THAT HAS BEEN BULK-HEADED AND
BUILT UPON AND STILL HAS RETAINED THE QUALITY OF HALLOCK'S BAY?
Permission for one house on Hallock's Bay would set a
precedent for a trend that could be irreversible.
The property that Mr. Samuels proposes to develop is a
low-lying plot between Narrow River Road and Hallock's Bay.
It is partly diked in an effort to keep out the water but is
flooded periodically. (Incidentally this land was never farmed.)
Any development of this property would require additional
diking, as well as huge amounts of earth for filling in and
most likely the inevitable bulk-heading.
There is no way the septic system and general effluent
could be completely separated from the bay on this low plot.
Mr. Samuels speaks of the available water as having a
higher than average saline level. He claims that this is standard
Orient water quality. Not so! We do have Temik and Temik filters
but we do not drink slightly saline water!
Across the road from Mr. Samuels' plot, because of the
lowness of the land and the scarcity of potable water, the
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June 13, 1984
Dear Dennis Cole,
Our main concern in this matter is the protection of
Hallock's Bay and its surrounding inlets and marshes.
You well know the value of bay marshes to the whole
of aquatic life. They are the seedbed of local fish of
every kind and thus the essential nourisher of all sea and
ocean life so that we are protecting what is of critical
importance to us but also of inestimable value far beyond
our local area.
How many marsh edged bays are there left on Long Island
where the shell fish are clean and where the ospreys nest and
fish, where foxes, deer, egrets, heron, and all sorts of wild
birds and animals show that this is one area that hasn't been
poisoned so far?
DO YOU KNOW OF ANY BAY THAT HAS BEEN BULK-HEADED AND
BUILT UPON AND STILL HAS RETAINED THE QUALITY OF HALLOCK'S BAY?
Permission for one house on Hallock's Bay would set a
precedent for a trend that could be irreversible.
The property that Mr. Samuels proposes to develop is a
low-lying plot between Narrow River Road and Hallock's Bay.
It is partly diked in an effort to keep out the water but is
flooded periodically. (Incidentally this land was never farmed.)
Any development of this property would require additional
diking, as well as huee amounts of earth for filling in and
most likely the inevitable bulk-heading.
There is no way the septic system and general effluent
could be completely separated from the bay on this low plot.
Mr. Samuels speaks of the available water as having a
higher than average saline level. He claims that this is standard
Orient water quality. Not so! We do have Temik and Temik filters
but we do not drink slightly saline water!
Across the road from Mr. Samuels' plot, because of the
lowness of the land and the scarcity of potable water, the
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2
developer, Mr. Horowitz, divided this part of his land into
ten-acre parcels in order to obtain approval of his sUbdivision.
For all of Orient south of the Main Road, because of
the lowness of the land and the scarcity of potable water,
the Southold Planning Board is recommending five-acre building
plots.
Mr. Samuels' low three and three-quarters acre bay-edge
parcel does not qualify as a suitable building plot.
We are counting on you to disallow this dangerous
proposal. Thank you.
~~Yt:ll~ t~
Kathleen Leslie Latham
Box 25, Orient, N.Y. 11957
copy to Southold Town Planning Board
.
.
4390 Orchard Street
Orient, New York 11957
J'11N 1 4
JUN 14 1984
June 12, 1984
Mr. Dennis Cole
New York State Department of
Environmental Conservation
SUNY at Stony Brook
Building 40
Stony Brook, New York 11794
Dear Mr. Cole:
SUBJECT: APPLICATION OF THOMAS SAMUELS - TIDAL WETLANDS PERMIT 10-84-0175
I would like to object to the application of Mr. Thomas Samuels to subdivide the
property on Narrow River Road, Orient.
The parcel is located on Hallock's Bay which has provided shellfishing, including
crabs, clams, scallops and mussels, and recreation to area residents. The bay
has remained unpolluted while its shores have remained largely undeveloped.
An application to the DEC to develop the nearby property of Dr. Frances Perrone,
also on Hallock's Bay, was recently withdrawn as the state has indicated its
intention to preserve the estuary by purchasing the property. It seems inconsistent
that the state would allow subdivision of one property, thereby increasing the
threat of pollution of the bay, while purchasing a neighboring parcel to preserve
it. It is not necessary for the state to expend additional funds to buy the
Samuels' parcel, but it can help preserve the bay by limiting development on its
shores.
The Town of Southold has recognized the need to protect Hallock's Bay from pollution
from sewage contamination and stormwater runoff by calling for a minimum of five-
acre zoning around its shores in the preliminary master plan update. The subdivision
"Settlers at Oysterponds" on Narrow River Road was required to have five-acre minimum
lot size to prevent sewage and stormwater runoff of the development from contaminat-
ing Hallock's Bay.
The effluent of any sewage disposal system placed on the Samuels property will
leach directly into Hallock's Bay, possibly ruining it as an envirQnmental asset
for future generations. The fact that the property was flooded by the tides
resulting from the storm of March 29 serves notice that placing cesspools on the
property will ultimately impact negatively on the water quality of the bay.
It is not difficult to imagine that the owners of new homes on the bay would want
to place bulkheading and docking facilities. This will require dredging and would
further damage the environmental value and scenic beauty of the bay.
I urge that the DEC and other agencies responsible for protecting the public
interest deny this application for subdivision.
~~\~
cc
~ truly yours,
C/~~~'J<cl~r
Martin Trent
Southold Town Planning Board
Southold Town Trustees
~
,\
.
pg . 4
.
6/4/84
Gemma site plan cont.
tree experts that to pave the drive under the beech tree would
compact the soil and probably kill the tree, which is a
200 year old tree. Mr. Emilita questioned the same thing may
occur with the poplar and the applicant stated that that tree
has a diffrent root system and the beech tree is older and needs
less compacted soil. Mr. Emilita stated that on his site
inspection he noted the roots of the poplar were protruding
from the soil. The Board also questioned if there were
going to be any habitable quarters ,upstairs, and the applicant
stated that the upstairs would contain an office and storage
only, due to the fact that the fire code wou~d not permit
living space in that area. The applicant did not be using
the adjacent barn, however, ~t would be fixed up to prevent
vandalisln. It was the consensus of theBoard to, conduct a field
inspection of the property prior to any action.
(,
* * *
Samuels minor subdivision located at Orient. FOllowing an
on-site inspection of the property, the Board reviewed the
survey. The Board had noted that there appeared to be
discrepancies with the survey and the niand. It was'
also noted that the applicant had applied to the DEC for
a permit and the Chairman read the legal notice which the
DEC had published. It was the consensus of the Board to
forward to the DEC a letter indicating the Planning Board's
concerns.
(
On a motion made by Mr. Ward, seconded by Mr. Mullen it was
RESOLVED that the Southold Town Planning Board state their
objections to the DEc regarding the application of Thomas Samuels
for a tidal wetlands permit which,are as follows:
1. No evidence was found that a "proper topographic survey
was performed on the site.
2. The location of mean high water-an on site inspection reveals
that mean high water was found to be at elevation five (5)
according to the survey received by this office.
3. That the existing dike has been interrupted (cut through)
to drain the property.
4. That the sanitary systems, due to the high ground water
table and the low elevation of the property, may seep due
to the ground water run-off back into the bay.
5. Due to the approximate mean high water line, that the
lot sized may be reduecd below the zoning requirements.
Vote of the Board: Ayes: Orlowski,Mullen, Latham, Ward, Wall C
The Board had also checked the flmod map and noted that it was
elevation A on the map. Ruth Oliva present correspondence to
the Planning Board indicating the test hole data for applications
(
.
6/4/84
.
pg. 5
Samuels located at Orient cont.
to the Suffolk County Department of Health Services on surrounding
land. It was th e consensus of the Planning Board to request
from the applicant a topographic survey indicating thanean
high water, wetlands area, actual location of the dike, and
elevations at l' intervals.
Mr. William Ashworth and Mr. Arthur Smith also expressed
their. objections to this proposal, as well as, Ruth Oliva.
They all commented that they don't want to see Hallock's
Bay polluted as it is a source for the local fisherman.
Mr. Orville Terry expressed his objection with this proposal
and stated that he strongly disagreed with the .Negative Declaration
to be issued to the Cross Sound Ferry proposal located at
,Orient.
\
* * *
On a motion made by Mr. Mullen, secondffiby Mr. Latham it was
RESOLVED that .the Southold Town Planning Baord aoprmTf" t-ho minnt-oQ
of the regular meeting of March 12. 1984.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Wall, Ward
(
On a motion' made by Mr. Mullen, seconded by Mr. Latham it was
RESOLVED that the Southold Tpwn Planning Board approve the minutes
of the regula~ meeting of April 9L 1984.
VOTE of the Board: Ayes: Orlowski, Mullen, Latham, Wall, Ward
On a motion made by Mr. Mullen, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board approve the
minutes of the special meeting of March 30, 1984.
Vote of the Board: Ayes: orlowski~. MUllen, Latham, Wall, Ward
On a motion made by Mr. Mullen, seconded by Mr. Latham it was
RESOLVED th~the Southold Town Planing Board approve the
minutes of the ~pecialmeeting of April 2, 1984.
Vote of the Board: Ayes: Orlowski, Mul'len, Latham, Wall, Ward
On a motion made by Mr. Mullen, seconded by Mr. Latham it was
RESOLVED that the SoutholdTown Planning Baord approve the
minutes of the special :neeting of April 12, 1984.
l
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Wall, Ward
On a motion made by Mr. Mullen, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board approve the
minutes of the Speciul meeting of April 23, 19l:l4.
.........0 .....4' .....0 l'l.....'''..n. IIvo",or 1 (>w~ki. Mu lIen.. Latham. Wall, Ward
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Lab No. "3 f::L ~ 'f 7
, Field N6. ~ 0 '-
Date: 'l ~ I 5 - i 1.
crime: PW\
Col. By: '> E'1 FA 1t"'N
(Name n~t initials)
.
Date Re~~ived in Lab ;YI(~__-
. . Public Water
Priv~e Water
OID";;+<
Date Completed
Examined By
SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
PUBLIC HEALTH LABORATORY
CHEMICAL EXAMINATION OF WATER
Location
W €t.L # f
Otelt.fJ J
~-fbM~
~r
District
fie 'il~ ~ \ 1'=1:.
~tJl1 "")) ( U .
Name
Point of Collection
Remarks:
fh$lJ
I}. Jt
11 S I
CJ 1>/
I I
Free Ammonia (mg/l N) C- o. 0 T.Hardness (mg/l CaCOa) C.O.D. (mg/ll
-- -
Nitrites + ~ I lr D T. Alkalinity (mg/1 CaCCa T. Solids (mg/l) - 180' C
Nitrates (mo/1 N) ~
MBAS (mg/l) /Ir I Ca Hardness (mg/1 CaCOa) D. Solids (mg/ll- 180' C
pH ~ ;:) l..J Mg Hardness(mgJI CacOal S. Solids (mg/ll - 180" C
Spec. Cond. -; -
.. Free CO2 (Nomograph) B.O.D. (mg/ll
",mhos/em
Chlorides (mg/I ClI d" Turbidity (Units) IJ.s i--" j)
~I-'" ...
Sulfates (mg/l 504) ~I;; Color (Unitsl 5e..-- ""~ {
Iron (mg/l Fe) I.. ~O I 0 Cadmium "--'/1 Cd) t.,.- - ~
....~ . F
Manganese (mg/l Mo) Silver (mg/1 Ag) , .
Copper (mg/l Cu) ::::: ~ 0 I 0 lead (mg/I Pbl I..... :::. I 0
Zinc (mg/l Zn) I.- fI ~ Hexavalent
Chromium (mon)
Sodium (mg/l No) 130 t; Cyanide (mg/1 CN)
Nitrites (mg/l N) Fluoride (mg/1 Fl
Partial 'tfJ
Complete 0
Resample 0
~orm No. PHl-'
I
DIRECTOR
Ca,/ JJ. JJaIU&
18.308
lab No:
Field No.
Date:
.Time:
Co\. By:
3l'JJ'1~-
roY
3-1'5-- F't
/'I~
Se.~ ~-" n rJ/
(Name not initials)
Date Received in lab ..s /1 ~I J ')
Public Water
Priv'ate Water
Other ~ LS~
Date Completed ~
Examined By
Location
SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
PUBLIC HEALTH LABORATORY
CHEMICAL EXAMINATION OF WATER
tJtEU- 1ft- Q 60' ~~
I/.. "1IiJD' tJrlc# r
~c.JM p
C!(A~J. ;,{;/(tJt..J I n ~o
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Name
Point of Collection
Remarks:
/!t50
II C' C'J r//
~ Je /
Free Ammonia (mg/l N) - 1,11 T.Hardness (mg/l CaC03) C.O.D. (mg/ll
-..---
Nitrites + fI' ~ ,. D .
Nitrates ("'!IiI N) ~ T. Alkalinity (mgll CaC0:3 T. Solids (mg/l)- 180. C
MBAS (mg/l) t. 01 Ca Hardness (mgll CaC03) D. Solids (mg/l) - 180. C
, laz
pH Mg Hardnesslmg/l CaC03) S. Solids (mg/l)- 1800 C
Spec. Cond. S .~ :1 Free CO2 (Nomagraph) B.O.D. (mg/l)
",,",hos/cm
Chlorides (mg/l CIl I.f, 3 Turbidity (Uniu) As -" b I'
Sulfates (mg/l S04) II laI Cfl Color (Units) ~- .... .. r
l!on(~o:.). ,; . :.-- I,. I 0 Cadmium (~ Cd) -- l.- l...
Manganese (mg/l Mn) ~ ~ I"l r Silver (mg/l Ag) ~
r<::.
Copper (mg/l CuI I-- 0 I " Lead (1R!dI Ph) = . :J
..:: ....
Zinc (mgll Zn) :::. 0 W Hexavalent
. Chromium (mall)
Sodium (mgll Na) Z ~ 19 Cyanide (mgll CN)
Nitrites (mg/l N) Fluoride (mgll F)
I ':o.E.JJ. ..Jl. -
Partial 9t
Complete 0
Resample 0
auM
DIRECTOR
'orm No. PHL.'
J8.308
.
.
Name
UJc IA. :# 'l...
Date Received in Lab J/IVt:.=--_ ~
Public Water 'I
. 'I
Prillllte Water :1
Other~c... I:
Date Completed !,
Examined By I,
I
I
SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES '
PUBLIC HEALTH LABORATORY
CHEMICAL EXAMINATION OF WATER
(9J b~" 1F~or
-/!of! 0 IJ I Ta.. (" "'\
..) fJ 8 Ol{/.
Lab No.
Field No.
Date:
'Time:
Col. By:
3o:>';J.'I~
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J-/~- t..
,P/h
:'t."" ,cl'/..enl
(Name not initials)
Location
t),f IC",u T
"j1J /If jJ
Point of Collection
Remarks:
At 5lJ
/Is/ ~~/
C"- ?i
/
- . 1
Free Ammonia (mg/l NI 1/ 1. O~ T.Hardness (mg/l Cac031 C.O.D. (mg/l)
Nitrites + . I
Nitrates (mall NI 0 (" ) T. Alkalinity (mgll Cac~ T. Solids (mgll) . 180' C
MBAS (mg/ll t 0 .I Ca Hardness (mgll CaC031 D. Solids (mg/l) . 180' C I IJ
pH & I..: Mg Hardnesslmgll CaC031 S. Solids (mgll) .180' C II I
Spec. Cond. ~ r~ Free CO2 (Nomagraphl B.O.D. (mg/Il I
..,mhos/em ~
m ~
Chlorides (mg/l ell 'f 2 Turbidity (Uniul ~ I~ "'"
-
~ (l,,1
Sulfates (mg/l S041 I ... ~ Color (Units) ~ "
Iron (mg/l Fel c:: ~ 0 I ~ Cadmium ""'II Cdl ~ - '1 I
~ ... , . - - - -- --- ~ . "-- -, I I
Manganese (mg/l Mnl ~ '" ,.. Silver (mgll Ag) -
Copper (mg/l CoI I.. ~ 0 J () Lead (JIllIlL.Pbl :...:: f::: J I~ I
Zinc (mg/l Znl ~ ~ ~ Hexavalent
- Chromium (m.1I1
Sodium (mg/l Nal .l- q l3 Cyanide (mgll CNI 11
Nitrites (mgll NI Fluoride (mgll FI
Partial ~
Complete D
Resample 0
DIRECTOR
Ca,.1 j/ J/2"44
Form No. PHL.l
J8.308
.
.
Lab f'Jo.
Field 'No.
.Dale:
Time:
Col. By:
JiS-"-'71J
,>07
3 -;p;'; t.
1."'1 r: It Ie '/).j.
(Name not initials)
.
Date Received in Lab
. Public Water
Private Water
Other
Date Completed
Examined By
;Y/V::,,?::-__
t.J rH.
Name
SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
PUBLIC HEALTH LABORATORY
CflEMICAL EXAMINATION OF WATER
I 'A:'"~ ~ -#- 3> ~ne-;)r
(A/ <,;. .. ... District
~.f 0 c.J ,.n.
S..rn I> IV
Point of Collection
O;R/~IJT
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Location
Remarks:
1ft. 5 0
AT, Itl {el r-,"
Free Ammonia (mg/l N) ~ 0 Ot, T.Hardness (mg/l CaC031 C.O.D. (mgnl
Nitrites + ~ ~ T. Alkalinity (mgn Cac~ T. Solids (mg/l) - 180' C
Nitrates (mgn N)
MBAS (mg/l) (t; I Ca Hardness (mgn CaC03) D. Solids (mgn) - 180' C
pH .~ r~ Mg Hardnesslmg/l Caco3) S. Solids (mgn) - 180" C
Spec. Cond. '1 ~ 1< .. Free CO2 (Nomagraph) B.O.D. (mg/l)
....mhos/em
Chlorides (mg/I CIl I.) 3 Turbidity (Units) ~ '", ~ ,.. b
Sulfates (mg/l S04) ~ 3 Color (Units) -< e.. '.. ~ J
~Iron (mg/l Fe) ~ (;, J 0 Cadmium l-!n Cd) ::::: I-- 2-
-
.-~ .~- -.--- _.". f'> Ie of
"'anganese (mg/l Mn) .. Silver (mgn Ag)
=:opper (mg/l Cu) ... ~ ()J ') Lead '-" Ph) .. ~I b
-.0
line (mg/l Zn) " :.-. r.J Hexavalent
Chromium (mg/l)
:odium (mg/l Na) I .3 f1 Cyanide (mg/l CN)
~itrites (mg/l N) Fluoride (mgn F)
Partial "fJ
Complete 0
Resample 0
i
~"m No. PHL-'
.
~
DIRECTOR
e....t JI. .J.I..-
18-308
Lab No.
F'~'ld' No.
. Date:
Time:
Col. By:
3(~;>' '7'1
~~~ J L
7"^-
5\"'1 ""11 11'H
(Name not initials)
.
Date Received in Lab 0/1 "",.,~ _ .. ..
. Public Water
Pl'ivate Water I
Other JC1r~~('
Date Completed -: ~'_
Examined By ~ - c -
SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
PUBLIC HEALTH LABORATORY
CHEMICAL EXAMINATION OF WATER
Name
'U)cLL :tt~
~ror
IS nct
~7 o~.n-
SIR )>'V'
Location
OK/c"uT
--j=>CJ",~
Point of Collection
Remarks:
At.so
/lSI ~ I C~
!?f,
Partial ~
Complete 0
Resample 0
Free Ammonia (mg/l N) ~ J; olilL I T.Hardness (mg/l CaC03) C.O.D. (mgm .. JJ III
Nitrites + ( ~ rJl j ) T. Alkalinity (mgll Cac~ T. Solids (mg/l) .180.C 1 U II
Nitrates (mall N) -
MBAS (mg/l) V n I Ca Hardness (mgll CaC03) D. Solids (mglll-180.C J 1 J
pH t, 0 Mg Hardness/mgA CaC03) S. Solids (mg/l)-180.C III
Spec. Cond. (p .; S . L].I I I
..mhos/em Free CO2 (Nomagraph) B.O.D. (mg/l)
~ i- e fJs U1M
Chlorides (mg/l CIl l T ~ -- Turbidity (Units)
Sulfates (mg/l S04) ~ d Color (Units) Sz-- 1~~1
Iron (mg/l Fel .... ::: b J ~ Cadmium '-II Cdl ~ , ~
t b ~ ------- J J~fl
Manganese (mg/l Mnl <t:- O Silver (mgll Ag)
Copper (mg/l Cui ..:: r b , 0 Lead (oasII Pb) [..." ::: } () 1 ] II
Zinc (mg/l Zn) ..:: t 0 ,., Hexavalent
Chromium (moll)
Sodium (mg/l NI) B re, ~ Cyanide (mgll CN)
Nitrites (mg/l N) Fluoride (mgll F) I I
DIRECTOR
CuI JI. ..f.1u.u
Form No. PHL-l
18-308
.
.
'- - - -- -
---
JUL 2 21~~:2 ,. I, -,
r.ec'd j~ Lab -- ~ ,,,
Publ i c ''':cter
Private Water
Ot her
Date Completed
.r
~ ~ ~ ~~ ().. r-
~ -.
F ~ e 1 C r~ C a
(51) Date
Time
Col. By
=~_;'.-I~.~,-~
'."'"l
"'" r.
<-L. J
,....:.-:......-;.u.,.- n..'\
,
,I'-bln.-
,," v /, ..~
,( .. f". {Vf
(3 )
(4 )
(8)
SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
DIVISION OF MEDICAL LEGAL INVESTIGATIONS & FORENSIC SCIENCES
PUBLIC HEALTH LABORATORY
/1 ,PESTICIDE ANALYSIS QI WATER
;J':Xcr-.J l~
Lest !icme S;t"I+I.;-r:. Ci+ O",d--€r r~cfs (2) First kell
Street No. (9) Street No,'-r~ {ZIJ-er (2.J
,
., ,I
" .,
Commu n ity
'(- ,
(J(l-€'-Vl\
I Sampling Point
(223) Aldicarb <\ I ( 78) Nitrate
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
(425 ) Aldicarb Sulfoxide . . . I I
(426) Aldicarb Sulfone ........ .. b I
( 224) Carbofuran ~ . I I
.................. s.
( 427) 3-Hydroxycarbofuran <{ I
. .
(428) o x a my 1 ........................... .. <, I
(429) Carbaryl ........................ .. <"1 I
( 430) Met horny 1 ........................ .. ..:::::/ I
. (431) i~etham ............................ .. I
.' .
.
.
R e C 'c i n Lab J U L 2 2 E: (;2.
-~~--- .--
Pub1 i C >:cter
P r i vat e Wa t e r ---T--- - -
Ot her
Date Completed Ih.~:h-
Knl"V('
_ C: t ~\ 0.. p - -: ~ 7- =~ ~ \
rield No. .'--
(51) Date "'::/1.1/('-"
Ti me rn"i1
Col. By !.:-?,--!o .7l.
t
SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
DIVISION OF MEDICAL LEGAL INVESTIGATIONS & FORENSIC SCIENCES
PUBLIC HEALTH LABORATORY
PESTICIDE ANALYSIS OF WATER
1l-(i' >...J ,t'i.
I ':J v~
, " \
" _ C. .1l.1 -
~\G.rile--,e. h '--::- rs..
(3 )
(4 )
(8 )
Street No.
(\-1 O'l~:;\;:.r~'Y'd5 (2) First lr~eli:\45
(9) Street ~fA\covJ Q\~e' Q..d
n\l~"/\ T I Samp1 i n9 Poi nt
last
Community
Mailing Address
(20) Pub Ncom L Priv I (14 ) District
( 1 5) Di stance to Farm ft. I (13 ) Section
(30 ) !~a p Coordinates LfE I t;. I Ie." ! (16 ) Block
(31 ) He 11 De pt h ft. I (17) Lot
(57) Resample? Yes Key ~ No I (1 ) Dat a Base No.
COMPOUND PPB I MG/L
(223) < I
A1dicarb ........................ .. I ( 78) Nitrate .................... ..
( 425) Aldicarb Sulfoxide .. . ?3, I
(426) A1dicarb Sulfone ........ .. lCo I
( 224) Ca rbofuran - I~ I
................. ..
(427) 3-Hydroxycarbofuran "- I I
. .
(428) o x a my 1 c I I
............................ ..
--
(429) Carbaryl </ I
........................ ..
(430) l1ethomyl < I
.. .. .. .. .. .. .. .. .. .. .. .. ..
(431 ) j'ietham ............................ .. I
.' .
.
I ! 2 3} 2:,
, " '7
""c'd in Lab JUL 2L ;:~,- 8
~ubl i c h'G~er
P r i v c ~ e We ~ e r ---- ~/ --- -~~---
~-~--_._-
Ot her
Date Completed
.
Lab r; o. P -
Field No.
(51) Date
Time
Col. By
- ,': /2-3 (i.~
~~..,~-
.:.., (-<-. fr.... fi.-
,111 It'-
R H t;. J..! IJI"
(3 )
(4 )
(8)
SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
DIVISION OF MEDICAL LEGAL INVESTIGATIONS & FORENSIC SCIENCES
PUBLIC HEALTH LABORATORY
/./ ,PESTICIDE ANALYSIS Qi ,liATER
/-rU rC rJ I r~
Last Nwe ,Sl:;;'..;l!,:(~ c.f D,.:s,~( ~d5 (2) Fi rst
.
Street No. (9) Street ;l{)/rvrJ IZtJ.e,'
nL
i'J~11 7i '&
f!J
Community
(i('; 'l 'M J-
./ 1 "L- I I
/ Sampling Point
t"ailing Address
(20) Pub Ncom -/ Priv / (14 ) District
(15 ) Di stance to Farm I ft. / (13 ) Section
(30) Map Coordinates :Uy / ~ / /I.c I (16 ) Bloc k
--L~ -=--
(31 ) \~ e 11 De pt h ft. / (17) Lot
----~_._----
(57) Resample? Yes ~~ No / (1 ) Oat a Base No.
-----._--. ~--
COMPOUND PPB / MG/L
(223) Al di carb .. .. .. .. .. .. .. .. .. .. .. .. .. <(I / ( 78) Nitrate .................... ..
( 425) Al di carb Sulfoxide . . . "2- I /
(426 ) Aldicarb Sul fone ...... .. I~ /
i' - 9
(224 ) Ca rbofuran -. .-......... /
(427 ) 3-Hydroxycarbofuran <I /
. .
(428) o x a my 1 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. <' /
(429) Carbaryl ...................... .. <' /
( 430) I"ethoniyl C ; /
...................... ..
(431) I"etham /'"' /
............................ ..
---
.
.
Rec'd in Lab W~ l ~19t2
Public Water
Private Water
Ot her
Date Completed 5-11-}~
~\-I-P' ~,
/
Lab No. P- ~\d()1 t
Field No. ~,',
( 51) D ate '>p. "
Time
Col. By t:.,l 'il r:i ;,-
"
SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
DIVISION OF MEDICAL LEGAL INVESTIGATIONS & FORENSIC SCIENCES
PUBLIC HEALTH LABORATORY
PESTICIDE ANALYSIS OF WATER
(3) Last Name Hn,c I. 'I~ ( ->vl-: PI \,
(4) St reet No. I. I -:H ~- (9 ) St reet
....L ~
(8) Community (-I,'IE ,- I
(2) First We..ll ""5
I. "
/'-nl,I,'. ,; I'" 1- 1"[_
Mailing Address
(20 ) Pub Ncom Priv 1 Sampling Point -// -
~ L /-'/ /-"
(15 ) Distance to Farm / ft. 1 Remarks:
(3D) 3)1 . ,
Map Coordinates t I~ 1
-
-
(31 ) Well Depth - .. ft. 1
COMPOUND
PPB 1
MG/L
(223) Ald;carb ............. ~ 1 (78) Nitrate ...........
(425) Aldicarb Sulfoxide . . . .;1~ ~~~
-, ?:o - - ~ -
(426) Aldicarb Sulfone . . . . . \L.
(224) Carbofuran . . . . . . . . . . . \ \ ~S II
(427) 3-Hydroxycarbofuran . . c::.\
(428) Oxamyl . . . . . . . . . . . . . . . <\ 1
(429) Ca rbaryl . . . . . . . . . . . . . < \ 1
(430) Methomyl . . . . . . . . . . . . . c::.\ 1
(431 ) Metham . . . . . . . . . . . . . . . - 1
. .
Lab No. 30-'-(07
Field No. ~ of
Date: ' .'~- -IT
Time: > "" p~
Col. By: . S"C'f F ~ "n;
(Name not initials)
Name
Location
Point of Collection
Remarks:
.
.
\
Date Received in Lab 3,0 1 /f'2..
Public Water
Private Water
Other 77: IT t..Je7t
Date Completed
Examined By (1:~
\:
SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
PUBLIC HEALTH LABORATORY
CHEMICAL EXAMINATION OF WATER
WELL. ~l/
~K.()~ lr~
Suu "])tv.
r
o 7</c-,lJT
-::Po M.-p
-< 0 olflT
~c::: Il~l'~'1)J
~O/
's9
J1~
~5
J~I, -
--'-" I
J'r;D'5~
(OJ
....~~
I~ 7
ALSO
';)1:, "5J S~
C& I I
I
Partial ~
Free Ammonia (mg/l N)
Nitrites +
Nitrates lmall Nt
MBAS lmg/l)
pH
Spec. Condo
4mhos/cm
Chlorides lmgll CII
- "
Sulfates (mg/l S04)
Iron lmg/l Fe)
I Manganese (mg/l Mn)
Copper (mg/l Cu)
Zinc (mg/l Zn)
Sodium (mgll Na)
I Nitrites lmgll N)
i
Form No_ PH l-l
Resample 0
Complete 0
T_Hardness lmg/l CaC03)
1111J
T. Solids (mg/l) " 180' C 11111
D. Solids (mg/ll-180'clTll~ I
S. Solids (mg/ll"180' C 11111
IT
UW~
~::M
J
C.O.D. (mg/ll
T. Alkalinity (mgll CaCO;J
Ca Hardness (mgll CaC03)
Mg Hardness(mgJI CaC03)
I.
B.O.D. (mg/l)
Free CO2 (Nomagraph)
Turbidity (Units)
Ik
~IOr (Units)
s~
Cadmium lm!r/l Cd) ~ l" "')..
SilvOl' (mgll Ag)
lead (mg/! Pb) L- /10
Hexavalent
Chromium (maM
Cyanide lmgll CN)
1
III
II
Fluoride (mgll F)
DIRECTOR L..u-< ~ ~
18-308
,
I{o
\
.
Date Received in Lab 3/> 0.
Public Water
Private Water ,
Other -,e."tye,J ~
Date Completed
Examined By 19.~
.
Lab No, 3d) 'i~0
Field No, r I Y
Date:': .3 - 2.;$ - i"'Z.
Time: .~ J>~ .
Col. Bt: ", S~F iln{
, . '(Name not initials)
i.l
SUFFOLK COUNTY DEPARTM~NT OF HEALTH SERVICES
PUBLIC HEALTH LABORATORY
CHEMICAL EXAMINATION OF WATER
WeLL #-~ ~r H-n~ot.l 'T~ SlIBbIV.
Name District
Location ORIErJT
Point of Collection ~ e LC.. 779P
Remarks:
III S 0 4-Jf Se Cel t rk
I
Partial l):r
Complete 0
Resample 0
Free Ammonia (mg/l N) c.- O 0 I T.Hardness (mg/l CaC03) C.O.D. (mglll II
Nitrites + 3' ,J T. Alkalinity (mg/l CaC0:3 T. Solids (mg/l)- 180' C I ul
Nitrates (mo/l N) II
MBAS (mg/l) .1/ r;/ Ca Hardness (mg/l CaC03) D. Solids (mglll- 180' C I I
pH ..- Mg Hardnesslmg/l Cac031 S. Solids (mg/ll-180" C 1 I I I I
.') J
Spec. Cond. If I 1 .
...,mhos/cm 0 Free CO2 (Nomagraph) B.O.D. (mg/l)
Chlorides (mg/l CIl J- Cf Turbidity (Units) As c I~~
Sulfates (mg/l SO 4' 9 I Color (Units). .' - -.~ .~ Sp ~ '" J~
-- -
Iron (mg/l Fe) (It / Cadmium lmg/l Cd) I..: ' ). Tl
Manganese lmg/l Mn) 1< D () ls - Silver (mg/l Ag) - f1
Copper (mg/l Cui <D I lead Img,II Pb) I::::: . f) J]] I I
Zinc (mg/l Znl k' p l~ Hexavalent I I
Chromium {molll
Sodium (mg/l Na) I... Cyanide lmg/I CN) 1
I 7- I
Nitrites (mg/l N) Fluoride (mg/l F) 1
DIRECTOR Cui J.J. .J.f.v-
Form No. PHl-l
18-308
.
.
T
D
Southold. N.Y. 11971
(516) 765-1938
June 5, 19.84
Mr. Thomas Samuels
89 Haywaters Drive
Nassau Point
Cutchogue, NYl1935
Re: Minor subdivisionbcated at Orient
Dear Mr. Samuels:
The Planning Board reviewed the file for the above mentioned
subdivision at the regular meeting of June 4, 1984.
The Planning Board requests that a topographic survey be
submitted indicating the mean high water , wetlands area,
actual location of the dike, and elevations at I' intervals.
If you have any questions, please don't hesitate to contact
this office.
Very truly yours,
BENNETT ORLOWSKI,JR., CHAIRMAN
~OUTHOLD TpWN PLANNING BOARD
~ ~~ \I\L d,.J"1...6
By Diane M. Schultze,seb~tary
June
.
4, 1984
-, ---
I IJV~;
1-- r( L
~,'B4
.
An Open Letter to the Members of the gouthold Town Planning loard:
Dear lirs:
Tor several weeks I have ~een distur~ed by the destruction of the
grasses and ~ushes growin~ at the edge of Ielloc~ lav at t~e end ~f
Narrow River Road. Trom the natllre 'f this !':ro'^'th I had thought that most
of this land was protected \-cetland. Now I am amazed to le~rn t'lllt the
owner wishes te Ituild two houees'n this "ronertv.
Everyone who loves and "ses Iallock iav, for boating, swimmin~ and
allove all for shellfishi.ng must view this pronosal with great concern.
The dan"er posed to this nriceless and so far unpolluted 'eodv of water lly
any houses so near the water is obvious. It would Ite disastrous if sentic
tanks wereo,llowed to endan~er this valua~le resource, in the unliJt.elv
event that potaltle water is availa.le.
lallock Jay is not only unnolluted and a. valllaltle source of shellfish.
it is also beautiful and unsnoiled. It is one of the major attractions of
Orient, and I would ccnsider the ouality of mv own life here ironaired if
private houses were Il110wed to mar this area, which should be left un-
touched for all to enjoy. I urg~~ou to consider these cntllngibles as well
as the very real threat of pollution in ruling on this most unfortunate
proposal.
S;ncerely yours,
~M~~'~'f.')~
Anne lI. lopkins
"lett Road
Orient
.
.
.
~~6J;\DE.L--S
\ --\ l) t-.:IIS: e.4
J~A.J.Oe-
!-i1C;i1GS,
CC!>I-iGeI2.>.f SH0u<....o g,,,,, '17-+~ SANI r-Aei SiSTEf/^- -
---
II-Ie--
POll..]! IS eL61/.:3. "f';;ot-rc;>IIl OF f?eo (,0(')UL-D
P.::,e-
/2.Le:.Y. 4:1: (}Jl-(IClA i 5 aP-:>...J~c..-nOl-.iAe.L~ ~AUS"'" OF -;t:U::ODI'iJ9 I
r;eAINI14(;;;/5eeP4tj~ ~C- IlJ 1V -n-llaO ~y
P;1t.-DIIVtj ~ IN wr '2-" 18c::o cP~
.~OD IiAIN ~v. 10 .- (~11-\~ ~ 1^1~\It\U{^-
\~ ?
<f'U=e- ~.
~
\'
.
pg (l 0 )
.
5/21/84
WHEREAS, on the 6th day of February, 1984, this
Board adopted a resolution wherein it accepted the report
of inspector John W. Davis, designated Report No. 340, with
respect to the minor subdivision of James Manos at Mattituck,
and,
WHEREAS, as adopted, said resolution is unclear as to
what portions of the report constitute requirements and which
are recommendations which need not be acted upon by the applicant,
NOW, THEREFORE, BE IT
RESOLVED, that the raod report of Inspector John W. Davis,
dated January 7, 1984 with respect to the subdivision of James
Manos, designated as Report No. 340, be accepted and, based upon
such report and all other submissions to this Board in connection
with the above-referenced minor subdivision, this Board determines
follows: .
(
as
1. That the applicant, in constructing the access road
or right-of-way to Lot 4 as shown on said subdivision plan,
be required to proceed in accord withthe recommendations
numbered. 1 through 6 of said report.
( '
2. The applicant, James Manos, however, may, subject to
approval of thisBoard, use alternate materials in the construction
of said raodway; and be it
FURTHER RESOLVED that when construction, such roadway or
right-of-way may be used as access to Lots 2 and 3, as well as
Lot 4 as shown on said subdivision plan; and be it
(
FURTHER RESOLVED, that the applicant not be required to
construct a berm on the south property line of Lot 2 or on
the west property line of Lot 4.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward
* * *
(
-
On a motion made by Mr. Ward, seconded by Mr. Latham it was
RSOLVED that the Southcld Town Planning Board amend condition
number 6 in the resolution of conditional approval dated May 7,
. 1984 to read as follows: The riqht-of-wav shall be offered
for dedication as a Town Road; in the minor subdivision of
Robert and Jean Lenzner located at Mattituck.
'~:.
Vote of the Board: Ayes: Orlowski,Mullen, Latham, War
* * *
Samuels minor subdivision located at Orient. The Board again
reviewed this proposal and noted that the Town is considering
pruchasing this property, however, Mr. Samuels will not make
a donation to the Town. It was also noted that the Town owns
land 50' away from the property. The Planning Board will hold
this application until a decision is reached by the Town Board
regarding the purchase of this land.
c
* * *
n
.
.
MAY 211984
JAMES H.RAMBO.lle.
BISHOPS LANE
SOUTHAMPTON, N. Y. 11968
PHONE: (516) 283-1254
WUNNEWETA ROAD
CUTCHOGUE, N. Y. 11935
PHONE: (516) 734.5858
May 16, 1984
Southold Town Planning Board
8ennett Orlowski, Chairman
Southold Town Hall
Southold, New York
Attn: Bennett Orlowski
Re: Narrow River Road Property
Dear Mr. Orlowski,
It has been ten days since the original
hearing on the referenced matter.
Since there is no apparent interest
in the Town's acquisition of the property,
I must insist that the Board's consideration
of this application continue. Please
schedule the hearings in a timely manner.
Sincerely,
~.
Thomas E. Samuels
~~
.
.
t1AY 9 1984
JAMES H.RAMBO.IIC.
BISHOPS LANE
SOUTHAMPTON, N. Y. 11968
PHONE: (516) 283-1254
WUNNEWETA ROAD
CUTCHOGUE, N. Y. 11935
PHONE: (516) 734-5858
May 8, 1984
Southold Town Planning Board
Southold Town Hall
Main Road
Southold, New York 11971
Re: Minor Subdivision
Narrow River Road, Orient, NY
Gentlemen:
Allow me to thank you for your courteous attention to the
referenced application of last evening.
Having dealt with properties of this nature for many
years (not, I might add, as principal), I am only too aware
of their problems. That such problems become minor given
their value is a fact of which you are aware. I would like
to state the following:
1. The potential water use on the property is
less than 10% of the potential use, if farmed.
2. The elimination of contaminants coincidental
with farming is an asset to the Orient water table,
(i.e., aquifer),
3. The distance from the MHW mark of the sanitary
systems will result in total safety to Hallock's
Creek (Bay) from bacterial and chemical contaminants.
4. The water quality on-site is equal to Orient's
water quality, i.e., Temik and higher than average
saline levels (but still acceptable to Suffolk County
standards which, I might add, are equal or exceed
Federal standards).
5. The subdivision meets Town Zoning requirements.
6. Substantial man-made structures between the
wetlands and upland (building areas) predating the
adoption of the N. Y. S. D. E. C. regulations should
and will eliminate the jurisdiction of that agency
as to the buildings. The structures will, however,
conform to such regulations.
(con' t. )
f0f1UL
",0 ,A\.
:...,\ ~-'
~~
n
.
.
JAMES H.BAMBO,IIe.
BISHOPS LANE
SOUTHAMPTON, N, y, 11968
PHONE: (516) 283-1254
WUNNEWETA ROAD
CUTCHDGUE, N, y, 11935
PHONE: (516) 734.5858
May 8, 1984
Page 2
(con' t. )
All of the above were considered prior to my purchase
of the property since all structures will conform to Federal
Flood Hazard requirements, I find the statement that the
Board should protect the public particularly objectionable
and condescending. The implication must be taken, that my
intent would be to defraud or misrepresent the property to a
prospective buyer. The Board must be aware of its connotation.
The prospective purchase of part of the property is, I
believe, meant to placate a small group of our Town's people.
I am philosophically opposed to purchase of small parcels
which are not environmentally fragile. The cost of such pur-
chases are excessive, generally, given the size of the parcel.
I would rather, as a citizen of Southold, see the purchase of
truly fragile land in Orient (Pete's Neck, Gide Island, or
West Creek in New Suffolk). However, I remain open to the
Town's approach in this proposed purchase. The fact that the
Town recently purchased the Demarest Boat Ramp in the area
also might affect such a purchase. I do not believe that
we can realistically expect this to occur.
Therefore, I expect that the Planning Board will continue
its deliberations on the subdivision of the property and not
delay its deliberations overlong. This is a leqal subdivision
and I trust I will be fairly and justly treated.
To quote Chief Justice Oliver Wendell Holmes:
"We are in danger of forgetting that a strong
public desire to improve the public condition is not
enough to warrant achieving the desire by a shorter
cut than the constitutional way of paying for the
change" .
Most sincerely,
cc: Frank Murphy, Supervisor
Planning Board ~
Page 9
~
May 7, 1984
qS
(
Lenzner subdivision cont.
7. The water quality on the subject premises at the time of the
last sampling exceeded the drinking water standards established by
the Suffolk County Department of Health Services and treatment may
be required on individual wells on the subject premises.
.8. The above conditions (1-7 inclusive) shall be filed as covenants
and restrictions in the office of the County Clerk on or prior to
the granting of approval of this subdivision.
Vote of the Board: Ayes: Orlowski,Mullen, Latham, Ward, Wall
* * *
Horton chanqe of zone located at Cutchoque-The Board will
make a field inspection prior to making recommendation
to the Town Board on this proposal.
* * *
(
On a motion made by Mr. Mullen, seconded by Mr. Ward it was
RESOLVED that the Southold Town Planning Board refer the final
maps of Constantine Georqiopolous to the necessary state and
local aqencies. The Southold Town Planning Board will set
Monda~, May 21,1984 at 7:30 p.m. at the Southold Twn Hall as
the t1me and plac~ for a public hearinq on the question of
approval of the f1nal maps of the maior subdivision of
Constantine Georqioupoulus located at Southold.
Vote of the Board: Orlowski, MUllen, Latham, Wall, W rd
'",
* * *
l
Mr. Thomas S~m';1els was oresent to dj"~l1"" hi" proposal for
a minor subd~vlsion ]o~~tpn ~t Oriprit. He made his appointment
at the Board s request. It was noted-that the Planning Board
has made several field _inspectiorB of this property,.,and they:"",
questioned the -dike which was indicifted on the survey ,and :the
topography'of the'Sland. The Board also questioned the availability
of potable water on the site. Mr. Samuels stated that the
water acceptability would be determined by the Suffolk County
Department of Health Services. The Pl~nning Board questioned
if Mr. Samuels would consider selling one lot to the Town, Mr
Samuels stated he had no objection; to thfs but wondered if
the Town had funds for this purchase, he added that he would not
donate but would be open to discussing this possibility with the
Town. Mr. Orlowski stated that presently the Board does not
,
look favorably on this subdivision. It was noted that the Board //
will make another f..ield i.nspection in order to familirize the /
ew Board member and Town Planner with the subdivision.
. .
* * *
, ,
(
(
L
.
(
4/9/84
q1
pg (9)
On a motion made by Mr. Latham, seconded by Mr. Wall it was
RESOLVED that the Southold Town Planning Board grant an
extension of 90 days on the action of the maps of the
minor subdivision of Robert and Jean Lenzner located at
Mattituck pursuant to the request of the applicants attorney.
Vote of the Board: Ayes: Raynor, Mullen,Latham, Orlowski, Wall
* * * * * * * * * *
ON a motion made by Mr. Wall, seconded by Mr. Mullen it was
RESOLVED that the Southold Town Planning Board set Monday,
May 7, 1984 at 7:30 p.m at the Southold Town Hall, Main
Road Southold as the time and place for the next regular
meeting of the Southold TownPlanning Board.
Vote of the Board: Ayes: Raynor, Mullen,Latham, Orlows
* * * * * * * * * *
On a motion made by Mr. Wall, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board amend the
minutes of January 9 , 1984 to read as follows:
"RESOLVED that the Southold Town Planning Board does not
grant sketch approval of the minor subdivision of Dr. Thomas
Samuels at this t.ime as the Board requests more time to
~Vie:o::eOfr:h:S::~~d:AYes: Raynor, Mullen, Latham, Orlowski, Wall
* * * * * * * * * *
On a motion made by Mr. Mullen, seconded by Mr. Latham it wa
RESOLVED that the Southold Town PlanningBoard amend the minutes
of the March 30, 1984 meeting to read as follows:
RESOLVED that the Southold Town Planning Board has no obiection
to the layout of the proposed subdivision of Blair, locatea
at East Marion however, sketch approval cannot be granted due
to the insufficient area of the lots (100-31)
Vote of the Board: Ayes: Raynor, Mullen, Latham,Orlowski, Wall
* * * * * * f.* * * *
Henry E. Raynor, Jr., Chairman left the room at this time and
the Chair was turned over to Board member Bennett Orlowski, Jr.
Mr. Raynor waited in the hallway as he cannot participate in
the discussion of Seacroft.
**********
Mr.Richard Cron, esq. was present for a presubmission conference
before the Board to discuss the site plan of seacroft,located
at Cutchogue. Mr. Orlowski briefly explained that the Town
Board had recently granted a change of zone for this proposal
from A-residential to multiple.
.
.
FEB 14 1984
NEt,: YORK STATE DEPARmE~!T OF EfWIRO'l,llEmAL CONSERVATIO',!
Regulatory Affairs Unit
Building 40, SUNY
Stony Brook, NY 11794
Henry G. Hilliarns
COI!Il11ss i oner
NO PER11IT NECESSARY - TIDAL WmAr~DS ACT
ThOrnA~ k. <;' ~>Q.l~ ~ br......r-'1 ~I 199~
JAhe~ It Ktt.....Q,o...L~c.
a I:'\..OP::' I-A.-e.
SOv.u.\A-....p+ON,~<,'" ~D~K.. II'-ib&'
Re: ?~rc~l lo(.~W OR:eJt- T~'( ~Af> lcrool 02.7, 2. , '3
Dear UR-. ~ A'l'nv.Js I
A review has been made of .your Dro~osal to: r-emOve it.~I~4-.~.s ~e")c~1
pla.-.I+ ~rA"'s. so,.\-...ble ~r ~"^"l,IN~ o~ kors~ CtNc!R.~""ooJe cONcr~4-~
wood,l~oN debf';~ C..,tr~N4-I't c:>ol1O;t-e. 11-11 w~~~ w; U be CONJ.,C-~J 1~
1-1... <<.d.jc..cerJ~"-("A +0 i;.,d....1 w~+IQ."'cko...d eWf>i-..J::; +OfOfJP-...pI-'1 w'~1
Lo~tt~~n ~'~J,.,...b..(l ,uc-e p+ +Or- flQ.rJ"'-I\l~ ..f. a /2./tSs. .'
Orc.h",~J S-ke.~T ,NM2b1..l 'e,o)elL RO~, t-l",\loc.K... ~~ I C)rL~r
'T;....ol G~ s",,)tQ.~\J. Co,)..I~ or s<>c~u~. I
It has been determined that no permit is necessary under Article 25
(Tidal Wetlands).
However, any additional work or modifications to the project may require
a permit. It is you~ responsibility to notify this office in writing if such
additional work or modifications are contemplated.
Assuming you have obtained any other applicable permits, you may proceed
with your project.
Very truly yours, J
~l.~
-'uR.
Oaniel J. Larkin
Reginal Permit Administrator
l)JL: R~!T: 11
,- 'V>
t~/b~
';t''\
.
.
fEB \I:G 1984
COUNTY OF SUFFOLK
PETER F. COHALAN
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF HEALTH SERVICES
DAVIO HARRIS. M.D.. M.P.H.
COMMISSIONER
Date
February 1, 1984
To
Henry E. Raynor, Jr.
Southold Town Planning Board
Southold, New York 11971
RE:
Thomas Samuels Development
Orient (T) Southold
Dear Mr. Raynor:
We are in receipt of your letter dated January 23, 1984
the above referenced project.
concerning
!- .y_ui
1. This Department has no objection to your designation of lead
agency status.
2. This De~ar1ment is in agreement with your initial determination.
'--J\-l
~.. .
1 -----1 3. This Department does not agree with your initial determination.
See Commen ts.
)----1 4. Insufficient information is available for technical comments.
i:---__~i 5. There is no record of an application to this Department.
i_____-, A more accurate project location is needed.
(Suffolk County Tax Map #)
1:---- Test well data is needed.
I-:-.=~--:' Test hole data is needed.
1- Other:
L_X
-I
6. This Department has received an application and it is:
Complete
X Incomplete
COUNTY CENTER
RIVERHEAO.N.'r'.11901
Other
548-3318
1__ _~l
7. r"'ppears that the project can b~erved by:
Sewage Disposal System
, Sewer System and Treatment Works
,~==~~ Subsurface Sewage Disposal System(s)
--l
_" Other:
Water Supply System
'~__ A Public ~Iater Supply System
;~ Individual Water Supply System(s)
i=::i Other:
8. Approval of other Agencies may be required:
'~ Department of Environmental Conservation (NYSDEC)
Army Corps of Engineers (USACE)
.
~
Town or Village
Other:
--,
1- X:=i
9. Comments: Water supply may be limited.
Thank you for coordinating with this Department and if you have any
questions please contact the undersigned.
Name
Phone
Roval R. Reynolds. P.E.
548-3318
.
.B0219B~
~
~
New York State Department of Environmental Conservation
Building 40
State University of New York
Stony Brook, New York 11794
(516)751-7900
Henry G. Williams
Commissioner
January 30, 1984
Mr. Henry E. Raynor, Jr., Chairman
Southo1d Town Planning Board
Southo1d Town Hall
Main Road
Southo1d, New York 11971
Re: Subdivision of Thomas Samuels - Orient
Dear Mr. Raynor:
We have reviewed the above project and have no objection to your
agency being lead agency. We agree with your determination of non-
significance because of the scope of the project.
We are concerned with the following items:
1. The survey should clearly show the tidal wetlands on and
adjacent to the project site.
2. That all construction should occur a minimum of 75' landward
of the tidal wetland boundary.
3. That the sanitary system be located a minimum of 100' landward
of the tidal wetland boundary.
4. The quantity and type of fill to be utilized to develop parcels.
This project will also require approval from this office pursuant to
Part 661 Tidal Wetland Land Use Regulations. Thank you for the opportunity
to comment on this project.
Very truly yours1 ._
~-r~
Charles T. Hamilton
Alternate Regional
Permit Administrator
CTH:jf
.
.
p
T
Sonthold, N.Y. 11971
HENRY E. RAYNOR, Jr., Chairman
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
WILUAM F. MULLEN, Jr.
TELEPHONE
765 - 1938 .
January 23, 1984
Environmental Analysis Unit
DEC, Building 40, Room 219
SUNY
Stony Brook, New York 11794
Gentlemen:
Long
Enclosed find a completed l8ho<clIx Environmental Assessment Form
and a copy of the map of the minor subdivision of Thomas Samuels,
located at Orient.'
This project is unlisted and an initial determination of
non-significance has been made. We wish to coordinate this
action to confirm our initial determination in our role as lead
agency.
May we have your views on this matter. Written comments
on this project will be received at this office until February 6,
1984. We shall interpret lack of response to mean there is no
objection by your agency in regard to the State Environmental
Quality Review Act.
Yours truly,
.
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
'~4'Wt (--- .~~ ,Gr.
By Diane M. Schultze, Secretary
dhw
enc.
CC: Department of Health
,
erOWN OF SOUTHOLD
ENVIRONMENTAL ASSESSMENT - PART I
.
JAN 1 q
~,~.""J A
r'" -- ,il
. I.
~
PROJECT INFORMATION
~OT:CE; ihis document is designed to assist in dete~ini~g whether ~~e action proposed ~ay ~ave ! ~~gnificant
!ff!c~ In the !nv;rcnment~ Please comcle~a the -!ntirl! ::la':.1 Sheet. ~nswer1 'eO these .~uestions liil1 Je c:::msiaered
~s oart or t.~e aoplicatian fOl""apQraval and ;nay be' sui:Jjec: to further- '/ertfication lnd ;lublic r!!vhw. Provide
any additiortal information you oelieve will ~e needed :0 comolete PARTS 2 and 3.
- ,
~ ~~ is axaec:ed :~at comale~ion of the SAF will be depande~ ~n information curr!nttv available and ~~11 not
'nv~l v~ new 5tUd:1l!S ". ~e5aan:n. or investiqation. rf fnfo!'"m!tion l""!ouiring such additional '.ark . '1 I
i\] tnd1c3ta and soec1ry ~aC:1 Instance. 1S.:unaYil~iilC e.
"AME 0F pQOJECi:
~A~E ~NO ADDRESS uF OWNER (If Diff.rent)
~.
{~
(Stl"'~t}
(;3.'J. }
(Stata)
0lE?.?J -/.;JtJf
lZip)
3US'!:MESS ?!;QNE;
11735'
.,p)
'JeSCRI~i!O~! OF pOOJEC7: (Sr;~fiy describe t,pe of projec~ Jr ac':ion)
dM~~
(?l~SE COMPlEJE EACH CUESi,uN - :ndieata N.A. if not .0011c.o1.)
,
A. Sl:! JESCRIPTIQN
(~hy~tc!l 5atting of over111 ~rojec~. ooth develoc~ !na ~ndeYelcced ar~as)
1. General c:taractar or t:1e land: Generally uniform ~looe ~~aneraily uneven and roiling,Jr irre9ular
1.. ?r"'!sent :a~d use: Urban _, [ndustrial.~. C me, !,rF~~~_--.c-~UDurDfn~'t ;(Ul'" I' , For9S'C
_, .~gr'tultu... _, Ot.',er Afb1<.e,- !iffiii_ ~ ~ .
- I
3. Total acr~aae OT :]roject !roea: 3j1~acres.
.' -
~e~dcw or 3rushland
?~sently Aftsr Comolet~on
-- - .
~~S-;cr.s 'c~es
~resent1y After ~om~llt1on
A~~roximate acreage:
~'Cr!s tad
_lC"!S
_l'=:-~S
Unve~etate1 (~e~.
ear-::i 01'" fill)
3.'75-.c,"s
"3.2(",C",,
_~CMS
':laur Surface ':"~a
_J.eres
Aqr~C:Jit~r!l
_acres
lC:"~S
~cads. Juiid~ngs
!nd. '1~~er ;)avea
3Ur7!C~S
_!c:"'!s
_.J.c~es
;~etl and (="'!snwat!~ or
1'fcai .H 'Jer:!,,.~i-:i!s
~4. 25 Jr ~.C.L. )
,,to ,cr.s
_lC:"'='S
'Jt:-:e!" (~lld1 c.a:a :,!Je i
lCr!S
_iC:"''!S
J. ',.jhat: is 1Jl"''!-=cminan~ SQil tY!'l!{S) on .)rojec:t it,;!? Jt!/~, ~.
5. oJ. .I\.n ;:h!!l"'=! jedrock autc:"O:3'pings on :I~jec~ s~ ::a? _Yes L'lo
~. ~hat is de~t~ ';~ :ed~cc~?
(!n ':!!l!C}
J/ 11 73
-/-
-..-.-,---'~--
---/"~--'". "...~.....,,,;..._-.,,,.,~-,.. <....~-".....~.-'"_..~--,_.....-..-......
.
.
"
.
A '
6. Approximate percentage of proposed project site with slopes: 0-10% .1.ti!...-%; 10-15: :: 15: or
.' -
greater _...
1.
Is project contiguous ~, or contain a building or site listed on the National Register of Historic
Places? _Yes ~No
What is the depth to the water table? ~feet
Dp hunting or fishing opportunities presently exist in the project area? ~es' ______No
Does project site contain ~r species of plant Or animal life that is identified as threatened or
endanqered - _Yes ~lo, according to - Identify each species .
. .
8.
9.
10.
11. Are there any unique Or unusual land forms on the proje~ site? (i.e. cliffs, dunes, other geological
formations - _Yes _No. (Describe ~
.
12.
Is the project site pr~ently us~ by the community or neighborhood as an open space Or recreation
area - _Yes ~o. .
Does the present site offer or include scenic views Or vistas known to be important to .the cOlllllunity?
--!L-Yes -'10
13.
14.
Streams within Or contiguous to project area:
a. Name of stream and name of river to which it is tributary
~~'
15. Lakes, Ponds, Wetland areas within Or contiguous to project area:
a. Name
: b. Size (in acres)
16. What is the dominant land use and zoning classification within a 1/4 mile radius of the project (e.g~
single family residential, R-2) and the scale of development (e.g. 2 story). ~ ~
8. PROJECT DESCRIPTION
1.
Physical dimensions
and scale of project (fill in dimensions as appropriate)
;0,'75'"
a. Total contiguous acreage own~ by project sponsor
Project acreage developed: -1L.. acres initially: .JL acres
e.&At.~.
acres.
ultimately.
b.
c. Project aCreage to remain undeveloped
d. Length of project, in miles:
(if appropriate)
e. If project is an expansion of existing, indicate percent of expansion proposed: building square foot-
age ; developed acreage
{J
; proposed
(upon completion of project)
f. Number of off-stroot parking spaces existing
g. Maximum vehicular trips generated per hour
h. If residential: Number and type of housing units:
One 'Fami ly
Initial 2-
Ultimate ~
Multiple Family
Condominium
Two Family
1. If:
Orientation
Neighborhood-City-Regional
Estimated Employment
Conmerci a 1
Industri a 1
j. Total height of tallest proposed structure
~ 5"? feet. J../ t<-V1l S~ . ilia ~ ~
~ f-hO~ IvtS,-
-2-
.
.
.
.
2. How much natural material (i.e. rock, earth, etc.) will be removed from the site -
~
tons
cubic yards.
3. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site - 1/2- acres.
4. Will any mature forest)over 100 years old) or other locally-important vegetation be removed by this
project? _Yes ~~o
5. Are there any plans for re-vegetation to replace that removed during construction? ~Yes ______No
6. If single phase project: Anticipated period of construction ;' months, (including demolition).
7. If multi-phased project: a. Total number of phases anticipated _____No.
b. Anticipated date of commencement phase 1 _month -----year (including
demolition)
c. Approximate completion date final phase mnth ----year.
d. Is phase 1 financially dependent on subsequent phasas? ~Yes ______No
8. Will blasting occur during constrJction? _Yes ~NO
9. Number of jobs generated: during construction L; after project is complete _'
10. Number of Jobs eliminated by this project ~.
11. Will project require relocation of any projects or facilities? _yes ~No. If yes, explain:
12. a. Is surface or subsurface liquid waste disposal involved? ~Yes _No.
b. If yes, indicate type of waste (sewage, industrial, etc.) ~""~1..,,;::t:u1 ga.tu.l~ ~
c. If surface disposal name of stream into which effluent will be discharged
13.
Will surface area of existing lakes, p~s, streams, bays or other surface waterways be increased or
decreased by proposal? _yes ~No. .
Is project or any portion of project located in the 100 year flood plain? VYes _No
14.
15. a. Does project involve disposal of solid weste? _yes ~No
b. If yes. will an existing solid waste disposal 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? -L-..-Yes _No
16. Will project use herbicides or pesticides? _Yes ~o
17. Will project routinely produce odors (more than one hour per day)? _Yes ~NO
18.
19.
Will project produce operating noise exceeding the local ambience noise levels? _yes ~No
Will project result in an increase in energy use? ~ Ves _No. If yes. indicate type(s) +/~
~/~~
If water supply is from wells indicate pumping capacity 30-60 9a1s/minute.r~
Total anticipated water usage per day _ qoC:/~ay.
Zoning: a. What is dcminant 'zoning classification of site?
20.
21.
22.
(/2"2
~-2
b.
Current s~ec1f;c zoning classification of site
c.. Is proposed use consistent with present zoning? ~ .
d. If no, indicate desired zoning
-3-
.
26. Approvals:
.
.
a. Is any Federal permit reG.ired? _____yes ~o
b. Does project involve State or Federal funding or financing? ______yes
c. Local and Regional approvals:
City, Town, Village Board
City, Town, Village Planning Soard
City, Town, Zoning Board
City, County Health Department
Other local agencies
Other regional agencies
State Agencies
Federal Agencies
C. INFORMATIONAL DETAILS
TITLE:
REPRESENTING:
DATE:
Approval Required
(Yes, No) (Type)
f.' ~FrnM1J
~ D '" e !'!VAnlAAr.
-4-
~o
Submittal Approval
(Date) (Date)
, 'rJ
Il/hl>J _
, ,
Attach any additional information as ~ay be needed to clarify your project. If there are or may be any
adverse impacts associated with the' proposal, please discuss such impacts and the measures which can be
taken to mitigate or avoid them.
PREPARER'S SIGNATURE: _~
=ifI
. .
'.
,
.
.TOWN OF SOUTHOLD
.
..
ENVIRONMENTAL ASSESSMENT - PART II
PROJECT IMPACTS AND THEIR MAGNITUDE
General Infor~ation (Read Carefully)
. In completing the form the reviewer should be guided by the question: Have my decisions and determinations
been reasonable? The reviewer is not expected to ~e an expert anvironmental analyst.
.
_ Identifying tnat an effect will be potentially large (column 2) does not mean that it
sionificant. Any large effect must be evaluated i" ?ART 3 to determine significance.
effect in column 2 si~~ly asks that it be looked at rurther.
_ The Examples provided are to assist the reviewer by showing types of effects and wherever possible the threshold
of magnltude that would trigger a response in colu,"" 2. The examples are generally applicable throughout the
State and for most situations. But, for any specific ~roject or site other examples and/or lower thresholds
may be more appropriate for a Potential Large Iapact rating.
is also necessarily
By identifying an
_ Each project, on each site, in each ~ocality, will vary. TIlerefore, the examples have been offered as guidance.
They do not constitute an exhaustive list of impacts and thresholds to answer each question.
_ The number of examples per question does not indicate the importance of each question.
INSTRUCTIONS (Read Carefully)
a. Answer each of the 18 questions in PART 2. Answer ~ if there will be ~ effect.
b. Maybe answers should be considered as ~ answers.
c. If answering Yes to a ouestion then check the aporooriate box (column 1 or 2) to indicate the potential
size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If
impact will occur but threshold is 1~1er than examole, check column 1:
d.
If reviewer has doubt about the size of the impact ellea.consider the impact as potentially large and
proceed to PART 3. - . ..
e.
If a potentially large
magnitude, place a Yes
impact or effect can be reduced by a change in the project to a less tnan large
in column 3. A No response indicates that such a reduction is not possible.
1. 2. 3
IMPACT ON LAND
00
. .
S~ALL TO POTENTIAL CAN IMPACT BE
MODERATE LARGE REOUCJ;:O BY
IMPACT IMPACT PROJECT CHANGE
- - -
- - -
- -
-
- - -
- - -
- - -
- - -
1. WILL THERE BE AN EFFECT AS A RESULT OF A PHYSICAL CHA~:GE TO
PROJECT SITE?
Examoles that Would Apply to Column 2
Any construction on slopes of 15~ or greater, (15 foot rise per
100 foot of length), or where the general slopes in the project
area exceed lO~.
Construction on Land where the depth to the water tabla is less
than 3 feet.
Construction of oaved parking aree for 1,000 or ~cre vehicles.
Censtruction on land where bedrock is exposed or generally
within 3 feet of existing ground surface.
Construction that will continue for more than 1 year or involve
more than one rhase or stage.
Excavation for mining purposes that would remove oore than 1,000
tons of natural material (i.e. rock or Soil) per year.
Construction of any new sanitary landfill.
.5-
.
.
Construction in a designated floodway.
Other impacts:
NO Y
WILL THERE BE AN EFFECT TO ANY UNIQUE OR UNUSUAL LAND FDRHS C"XiO
FOUND' 011 THE SITE? (i.e. cliffs, dunes, geological forma- ~,
t>ons, etc.)
_ Specific land forms:
2.
II1PACT ON WATER
3.
NO Y
WILL PROJEcr AFFECT AllY WATER BODY DESIGNATED AS ........../7"x 0
PROTECTED? (Under Articles 15, 24, 25 of the Envir- ~
onmental Conservation Law, E.C.L.)
Examoles that Would Apply to Column 2
Dredging more than 100 cubic yards of material from
channel of a protected stream.
Construction in a designated freshwater or tidal wetland.
Other impacts:
4. WILL PROJECT AFFECT ANY rION-PROTECTED EXISTING OR NEW 110 Y
BODY OF HATER? ....... .., ..... .... ........................ '(9"0
Examples that Would Apply to Column 2
A 10S increase or decrease in the surface area of any body
of water or more than a 10 acre increase or decrease.
Construction of a body of water that exceeds 10 acres of
surface area.
Other impacts:
5. WILL PROJECT AFFECT SURFACE OR GROUNDWATER qUAUTI?
Examples that Would Apply to Column 2
Project will require a discharge permit.
NO Y
(10
Project requires use of a source of water that does not have
approval to serve proposed project.
Project requires water supply from wells with greater
than 45 gallons per minute pumping capacity.
Construction or ooeration cau5ing any contamination
of a public water supply system.
Project will adversely 'affect groundwater.
Liquid effluent will be conveyed off the site to
facilities which presently do not exist or have
inadequate capacity.
Project reQuiring a facility that would use water in
excess of 20,000 gallons per day.
Project will likely cause siltation or other dischaege
- into an existing body of water to the extent that there
will be an obviaus visual contrast to natural conditions.
-f.. -
I.
~
oJ
- . .
~l^LL TO POTE:IT lAL eMI r::PACT ,3E
0DERATE L.ARGE REDUCED BY
HIP ACT mPACT PPOJECT CHAnGE
- - -
- - -
ES - - -
.
- - -
:
-
- - -
.
ES
- - -
- - -
- - -
- - -
ES .
.
- - -
"
- - -
- - -
ES - - -
- - -
- - -
- - - :
- - -
- - -
- - -
- - -
- - -
,
"
.
___ ather Impacts:
6.
~~~~F~~O~~~:. ~~ ::~. ~~:~~~~. ~::I: .~~:~:-:I~.:~, ~~~~~~~. ~~::~ ~O
Examole that Would Aoply to Column 2
. .
,
Project would imoede flood water flows.
Project is likely ~o cause substantial erosion.
Project is incompatible with existing drainage patterns.
.
ather impacts:
IMPACT ON M~
NO YES
7. WILL PROJECT AFFECT AIR QUALITY?... "......................0'0
Examoles that Would Apply to Column 2
Project will induce 1,000 or more vehicle trips in any given
hour.
I
Project will re,ult in the incineration of more than 1 ton
of refuse per hour.
Project emission rate of all contaminants will exceed 5
lbs. per hour or a hoat source producing w~re than 10
million 6TU's per hour.
Other impacts:
IMPACT ON PLMITS MID ~'W'ALS
6.
WILL PROJECT AFF~CT ~~Y THREATENED OR EMDANGERED SPECIES,
NO YES
(0"0
Examoles that Would Apply to Column 2
Reduction of one or more species listed on the ,:ew York
or Federal list~ using the s;te~ over or near site or
found on the site.
Removal of any portion of a critical or significant wild-
Tire !tat.; tat..
.
Application of Pesticide or herbicide over more than
twice a year other t~3n for agri~~!tural purco5=s.
Ot~er 1mpacts:
g. WILL PROJECT SU8ST,\:ITIALL Y AFFECT !!Otl- THREATErlED OR ~1O YES
ENDANGERED SPECiES? .......................................00
Examole that Would Apply to Column 2
Project would sub,tantially interfere with any resident
or migratory fish or wildlife spec;e~.
Project r~cuires the removal of ~ore than 10 J~res of
mature forest (o'ler lOa years in age) or other locally
i~p~rtant vegetat~on.
-7-
2.. 3.
IlA 0 POTENTIAL CArl IIIPACT BE
.IODERATE LARGE REOUCED OY
IMPACT WP.ACT PROJ ECT CHArlGE
- - -
- - -
- - -
-
- - -
- - -
- - -
- - -
- - -
- - -
.
- - -
.
- - -
- - -
- - -
- - -
- - -
_. - -
- - -
- - -
.
.
I~PACT O~ VISUAL RESOURCE
10.. IIILL THE PROJECT AFFECT VrEflS, VISTAS OR rrlE VISUAL
CHARACTER OF THE iIEIGHBlJR~OOO OR COM~UNITY? ..............
NO
00
Examoles that Would Apply to Column 2
An incompatible visual affect caused by the introduction
of new materials, colors and/or forms in contrast to the
surrounding landscape.
A project easily visible, not easily screened,that is
obviously different from others around it.
Project will result in the elimination or major
screening of scenic views or vistas known to be
important to the area.
Other impacts:
IMPACT ON HISTORIC RESOURCES
11. WILL PROJECT IMPACT ANY SITE OR STRUCTURE OF HISTORIC, NO
PRE-HISTORIC OR PALEONTOGICAL IMPORTANCE? .................~
Examoles that Would Apply to Column 2
Project occurino wholly or partially within or contiguous
to anY facility or site listed on the National Register of -
historic places.
Any impact to an archeological site or fossil bed located
within the project site.
Other impacts:
I!>IPACT ON OPEN SPACE & RECREATION
12. WILL THE PROJECT AFFECT THE QUANTITY OR QUALITY OF EXISTING NO Y
OR FUTURE OPEN SPACES OR RECREATIONAL OPPORTU~ IT! ES? . .. . .. ~O
Examoles that Would Apply to Column 2
The permanent foreclosure of a future recreational opportunity.
A major reduction of an open space important to the community.
Other impacts:
IMP~CT or! TRANSPORTATlml
13. WILL THERE BE All EFFECT TO EXISTING TRANSPORTATION
SYSTEJAS? . . ., .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. .
Examoles that Would Apply to Column 2
Alteration of present patterns of movement of people
and/or goods.
Project will result in severe traffic problems.
Other impacts:
__ - J"-
. -
1. 2.. .'
:;. .
~"ALL TO POTENTIAL CMi UlPACT .BE
.OOERATE LARGE REDUCED BY
IMPACT IMPACT PROJECT CfW1GE
-
YES
- - -
-- - -
-
- - -
- - -
- -- -
- - -
YES
- - -
.
-
- - - !
- - -
- - -
ES
- - -
- - -
- - -
- - -
ES
- - -
- - -
- - -
__ _ L____ -- - - - --
.
. ,
=
.
'.
.
NO Y
00
...........----;;:----
",..;..... - ~~..,.c..,_'-'.__'
[~PACT O~I GRl)~-!TH A~D CH.~PJlCTF'R 'm~:u:mv
OR m:rm!~:1?H~C~
DOER/IE --lARGE- - REOuCEOSY-
H'D"CT U1PACT PROJECT C~.I'r1GE
.' .
17. WILL PROJECT AFFECT THE CHARACTEq of THE EXISTING NO YES
CO~lIlUNITV? ................................................00
Examole that ~ould Apoly to Column 2
The population of the City, Town or Village in which the
project is located is likely to grow by more than 5~ of
resident human population.
The municipal budgets for capital expenditures or opera-
ting services will increase by more than S~ per year as a
result of this project.
.--
. ,
;
Will involve any permanent facility of a non-agricultural
use in an agricultural district or remove prime agricultural
lands from cul tivation.
.
c
The project will replace or eliminate existing facilities,
structures or areas of historic importance to the community.
Oevelopment will induce an influx of a particular age
group with special needs.
Project will set an important precedent for future projects.
Project will relocate 15 or more employees in one or more
businesses.
.-
-
Other impacts:
18.
IS THERE PUBLIC CONTROVERSY CONCERNING THE PROJECT?
NO YES
...... 'GO
Examoles that Would Apply to Column 2
Either government or citizens of adjacent communities
have expressed opposition or rejected the project or have
not been contacted.
Objections to the project from within the community.
IF M1Y ACTIOII IN P.~RT 2 IS lOEtlTIFIEO AS A
POTENTIAL LARGE I~PACT OR IF YOU C~tl:iOT DETERl.u1IE
THEMAG11lTUDE OF UlPACT. PROCEED TO PART 3.
PORTIONS OF EAF Cm1PLETED FOR THIS PROJECT:
DETERMINATION PART I _ PART n _ PART 3
Upon review of the information recorded on this EAF (Parts 1, 2
and 3) end considering both the magnitude and importance of each
impact, it is reasonably determined that: PREPARE A NEGATIVE OECLARATION
o
.
A. The project will result in no major impacts and, therefore,
is one which may not cause significant damage to the !nvironmgnt.
B. Although the project could have a significant effect on the
environment, there ~ill not be a significant effect in this case
because the mitiaation measures described in PART 3 have been
included as part40r the proposed project.
.
c. The project will result in one or more major adverse impacts
that cannot be reduced and may causa significant damaqe to
the envi ronment.
PREPARE A ~VE DECLARATION
PREPARE POSITIVE ORATIQ;1 PROCEED ,11TH EIS
Date
J/7W
Signature of Rp.sponsible Official in Lead
Agency
from ~espons;blc officer)
Print or type na~e of responsible official
in Lead Agency
-10-
.
.
1 .
2.
~
Examoles that Would Apply to Column 2
NO YES
... ..........~<::>
SI'ALL TO POTENTIAL CAil I:~PACT'CE.7
r~OER.~ TE LAP.GE REDUCED BY
IMPACT HIPACT PROJECT CHANGE
- - -
.. .
-
- - -
- - -
- - -
- - -
- - -
.
- - -
- -
- - -
- - -
- - -
.
- - -
- - -
- - -
- - -
- - -
14.
I'lPACT ON E~'ERGY
WILL PROJECT AFFECT THE COft1UNITIES SOURCES OF PJ"L QR NO YES
ENERGY SUPPLY? . . .. . . . . .. . . . . . . . . . . . . .. . . . . .. . . . . - . . . . . . . . ~ 0
Examoles that Would Apply to Column 2 ~"
Project causing greater than 5% increase in any form of
energy used in municipality.
.
.
Project requiring the creation or extension of an energy
transmission or supply system to serve more than SO single
or tl'o family residences.
Other impacts:
IMPACT ON NOISE
15. WILL THERE BE OBJECTIONADLE OOORS, NOISE, GLARE, VIa~TION NO YES
or elECTRICAL DISTURSANCE AS A RESULT OF THIS PROJECT? ....~<::>
Examples that Hould Apoly to Column 2
Blasting within 1,500 feet of a hospital, school or other
sensitive facility.
Odors will occur routinely (more than one hour per day).
Project will oroduce operating noise exceedine the
local ambient noise levels for noise outside of strJctures.
Project will remove natural barriers that would act .s a
noise screen.
Other il:lPacts:
IMP ACT Or! HEALTH & Mo' ZA RDS
16. HILL PROJECT AFFECT PUBLIC HEALTri AND SAFETY?
.
Project will cause a risk of explosion or release of hazardous
substances (i.e. oil, pesticides, chemicals, radiation, etc.)
in the event of accident or upset conditions, or there will
be a chronic low level discharge or emission.
Project that will result in the burial of "hazardous wastes"
(i.e. toxic. poisonous, highly reactive, radioac~ive. irritating,
infectious, etc. ,inc1udinr;z wastes that are solid, se..~i..solid.
liquid or contain gases.)
Storaoe facilities for one million or more gallons of 1iquified
netura1 gas or other liouids.
Other imoects:
.
.?
.
.-....--\",
'.
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TOWN OF SOUTHOLD
.
.. " -
ENVIRONMENTAL ASSESSMENT - PART III
EVALUATION OF THE IMPORTANCE OF IMPACTS
HIFORMATlOil
_ Part 3 is prepared if one or more impact or effect is considered to be potentially large.
_ The amount of writing necessary to answer Part 3 may be determined by answering the Question: In briefly
completing the instructions below have I placed in this record sufficient information to indicate the
reasonableness of my decisions?
.. .
J
.
INSTRUCTIONS
Complete the following for each Impact or effect identified in 'Column 2 of Part 2:
1. Briefly describe the impact.
2. Describe (if applicable) how the impact might be mitigated or reduced to a less than large impact by a pro-
ject change.
3. Based on the Information available, decide if it is reasonable to conclude that this Impact Is Important
to the minlclpal1ty (city, town or village) in which the project is located.
To answer the Question of importance, consider:
_ The probability of the impact or effect occ"rring
. The duration of the impact or effect
fl)'.
_ Its irreversibility, Including permanently lost resources or val~es
_ Whether the impact or effect can be controlled
The regional consequence of the Impact or affect
_ Its potential divergence from local needs and goals
_ Whether known Objections to the project apply to this impact or effect.
OETERI'INATION OF SIG1IlFICANCE
An action is considered to be significant if:
One (or ~ore) impact is determined to both ~ and its (their) consequence, based on the review
above, 15 fmoortant.
PART III STAT~1ENTS
.
(Continue on AttaChments, as needed)
.
- 11-
r-
.
'JAt; i 9 1~"
JAMES H.RAMBO,IIIC.
BISHOPS LANE
SOUTHAMPTON, N. Y. 11968
PHONE: 1516} 283-1254
WUNNEWETA ROAD
CUTCHOGUE, N. Y. 11935
PHONE: (516) 734.5858
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JAMESR.HAMBO,I.C.
BISHOPS LANE
SOUTHAMPTON, N. Y. 11968
PHONE: (516) 283-1254
WUNNEWETA ROAD
CUTCHOGUE, N. Y. 11935
PHONE: (516) 734.5858
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southald. N.Y. 11971
TELEPHONE
765 - 1938
HENRY E. RAYNOR. Jr. . Chai"'"'"
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RlTCHlE LA TRAM. Jr.
W1LUAM F. MULLEN. Jr.
January 12, 19B4
Thomas Samuels
B9 Haywater Drive
Nassau point
cutchogue, NY 11935
Re: Minor Subdivision of Thomas Samuels
Located at Orient
Dear Mr. samuels:
The follwoing action was taken at the southold Town
Planning Board meeting, Monday, January 9, 19B4.
RESOLVED that the southold Town Planning Board
does not grant sketch approval of the Minor subdivision
of Thomas Samuels, located at Orient.
RESOLVED that the southold Town Planning Board declare
itself lead agency in regard to the state Environmental
Quality Review Act for the Minor Subdivision of Thomas
samuels, located at Orient. An initial determination
of non_significance has been made.
upon review of the above mentioned proposal, it is
the concensus of the board that more information is required.
Please complete the enclosed forms and return them, along
with three (3) copies of the above captioned map, to this
office so we may begin SEQRA action.
If you have any questions, contact this office.
Very truly yours,
HENRY E. RAYNOR, JR. CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze
J\
"
.
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pg. (14)
.
~
4
1/9/84
Thomas Samuels-minor subdivision located at Orient.
After an on-site field inspection of the property it was
the concensus of the Board that more information will be
required in order to process the application. Thomas Samuels
be required to file a Long Environmental Assessment Form, in
order to review the buildability of the property The Board
expressed the possibility that the Town obtain this property.
(' .
"
!~._,
'....~.,
will
On a motion made by Mr. Mullen, seconded by Mr. Lathem
~ it was
cr' C\ RESOLVED that the Southold Town Planning Board does
w\~ _~ not grant seketch approval of the Minor Subdivision
~('l \( \)~ of Thomas Samuels, l'ocated at Orient.
lY S':ff:..)v Vote of the Board: Ayes: Raynor, Mullen, Lathem, Orlowski
~,~ $ On
I,~ it
\
I
RESOLVED that the Southold Town Planning Board declare I
itself lead agency in regard to the StateEnvironmental Quality /
Review Act for the Minor Subdivision of Thomas Samuels, located /
, at Orient'. An initial determination of non-significance has /
'\been made. Long Envi~onmental Assessment Form to be filed.
Vote of the Board: Ayes: Raynor, MUllen, Lathem, OrlowsWi
a motion made by Mr. Mullen, Seconded by Mr. Orlowski
was
*************************************
(
..
Mr. Mullen suggested that the Board explore the point of
law in the Code Book regarding diked property. It was
the concensus of the Board to direct a letter to the
Town Attorney asking for an explanation of this point
of law.
-
***********************************
The Board received reports from the Town Engineer, Larry
Tuthill, regarding Settler's at Oysterponds and Homestead
Acres.
**************************************
It was noted that as of this meeting a building inspector
certification had not been received for Dr. Liezewski.
************************************
Being no further business to come before the Board, Mr. Mullen
made a motion to adjourn, seconded by Mr. Lathem and carried.
Meeting adjourned at 9:40 p.m.
~spectfullY submitted,
c:f;),'O-M.-- I\t\ S!.JLu-L-l~
Diane M. SChultze, Secretary
Southold Town Planning Board
.e-
Henry E. Raynor, Jr., Chairman
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I'"'''''' 'Y.l3.TV Fom, 8000' ".M-B"8.in..d So]" Deed, w"" Co",'n"", .g.'n" c.'', A"to-J"d'"ido.] ". Con"m"'" ,,,,,,1, ,m
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY,
L ~i9409PAGf228
NOT FOR PUBLICATION
2.11,1
,.
, nineteen hundred and Eighty three
THIS INDEN11JRE, made the Is t
BE1WEEN
day of
August.
LAWR aWE S. INGOLIA, 127 Windmill Lnae,
Southampton, New York 11968
party of the first part, and
THOMAS SAMUElS, residing at: 89 Haywater Drive,
NASSAU POINT
party of the second part,
WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration
paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs
or successors and assigns of the party of the second part forever,
ALL that certain plot, Eiece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being ilulJe orient, Town of Southold, County of Suffolk and State
of New York, bounded and described as follows:
BEGINNING at the corner formed by the intersection of the easterly side
of Narrow River Road with the northerly side of Orchard Street:
RUNNING THENCE along the easterly & northeasterly sides of Narrow River
Rd. 1. North 15 degrees 44 minutes 40 seconds East, 311,32 feet: and
2. North 39 degrees 12 minutes 30 seconds West, 328.57 feet~
THENCE along land now or formerly of Edwin H. King;
1. North 42 degrees 29 minutes 50 seconds East, 221.79 feet: and
2. North 36 degrees 14 minutes East 80 feet, more or less to the
ordinary highwater mark of Hallock's Bay:
THENCE 8asterly, Southeasterly and southerly along the ordinary high-
water mark of Hallock's Bay, as it winds and turns 975 feet more or
less to the northerly'side of Orchard street; and
THENCS Westerly along the Northerly side of Orchard Street, 100 feet:
more or less, to the corner and point or place of BEG INNING.
8UBJECT to covenants, easements and restrictions of re~ord.
SUBJECT to riparian rights and easements of others over Hallock's Bay
SUBJECT to the rights of the United States Government, the State of
New York, and Town of Southold or other municipal agencies to
regulate and control the use of piers, bulkheads and land adjacent
to the water.
TOGlcTIJ ER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances
and all the estate and rights of the party of the first part in and to s.aid premises; TO HAVE AND TO
J rOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of
the party of the second part forever.
AND the party of the first part covenants that the party of rhe first part oos not done or suffered anything
whereby the said 'Premises have been encumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
_" ,the first oart will re<:eive the consi_deration for this___(;QllVey~nce .a.ndwiIJhqldJhe. rJgh--.L!9 receiy~__s~ch.,~~nsi~-
I UC'f'\OI\!I
Block
0200
Lot
003000
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THOMAS ~p~~ELS, residing at: 89 Hayw~r Drive,
NASSAU ~ ..
party of the second part,
WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration
paid by the party of the second part, does hereby grant and release unto the party of the second part, the heIrS
or successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lyingandbeingil[)IJe Orient, Town of Southold, County of Suffolk and State
of New York, bounded and described as follows:
~
BEGINNING at the corner formed by the intersection of the easterly 81
of Narrow River Road with the northerly side of Orchard Street:
RUNNING THENCE along the easterly & northeasterly sides of Narrow Rjv
Rd. 1. North 15 degrees 44 minutes 40 seconds East, 311.32 feet: ann
2. North 39 degrees 12 minutes 30 seconds West, 328.57 feet:
THENCE along land now or formerly of Edwin H. King;
1. North 42 degrees 29 minutes 50 seconds East, 221. 79 feet: and
2. North 36 degrees 14 minutes East 80 feet, more or less to the
ordinary highwater mark of Hallock's Bay;
THENCE Easterly, southeasterly and Southerly along the ordinary high-
water mark of Hallock's Bay, as it winds and turns 975 feet more or
less to the northerlycside of Orchard street; and
THENCS Westerly along the Northerly side of Orchard street, 100 feet
more or less, to the corner and point or place of BEGINNING.
SUBJECT to covenants, easements and restrictions of record.
SUBJECT to riparian rights and easements of others over Hallock's B".\
SUBJECT to the rights of the United States Government, the Sta te of
New York, and Town of Southold or other municipal agencies to
regulate and control the use of piers, bulkheads and land a.djaf'ent
to the water.
TOGETHER with raIl right, title and interest, if any, of the party of the first part in and to any streets and
roads abutting the above described premises to the center lines thereof; TOGETHER wi1h the appurtenances
and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO
HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of
the party of the second part forever.
AND the part~ of the .fIrst part covenants that th~ party of the first part has not done or suffered anything
whereby the said prermses have been encumbered In any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the partv of
the .first part will receive the con,sideration for this conveyance and will hold the right to receive such cOI;sid-
eratlOn as a trust fund to be applIed first for the purpose of paying the cost of the improvement and will apply
the same first to the payment of the cost of the Improvement before using any part of the total of the same for
any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
IN.WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above
WrItten.
IN PRESENCE OF:
$_.'5)J.~~..
REAL ESTATE
AUG 1 ~ 1983
TRANSFER TAX
SUFFOLK
COUNTY
2.114
before me On the day of
personally came
LI~(R~4lJ8r!lif )I'tA
S'r A Tt'OF NEW ylrJ/r(,"EOUNTY OF
6n the 1st day of August
personally carne
stFOLK
19 83 '
LAWRENCE S. INGOLIA
to me known to be the individual
executed the foregoing instrument,
executed the same.
described in and who
and acknowledged that
C~ ~?J~L
NO'T'ARY PUBLIC
c,m:[RI~'E IC~GOGLI!\
No\al"V PCD::r::, S\z:L; of :"L;',\' York
. . ',' /<:'7(:01'2
Rps;d1il~l \:1 . ;',8. ':\J y;.~
Co';;;';,L,'::.:: '0. :;, .:'.;'C:I 30, 198f
S1 A TE OF NEW YORK, COUNTY OF
On the day of 19 , before me
personally came
to me known, who, being by me duly sworn, did depose and
say that he resides at No.
that he is the
of
, the corporation described
in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed
to said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said corpora-
tion, and that he signed h name thereto by like order.
JSarllain anb illalt :mttb
Willi Cuvt"AN I AGAINSI CR6,N hR's Ac IS
ilLE No K ~.- ) IS) ~ r.
G
T.
LA WRENCE
INGOLIA
"
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TO
THOMAS SAMUELS
STANDAR.D FORM OF NEW YOIlK IOARD OF TInE UNDERWRITERS
dO TI~~;.~~~RANTEE.
NEWYORK
A TICOR COMPANY
55:
STATE OF NEW YORK.tUNTY OF
55:
19
, befor~ me
to me known to be the individual
executed the for~going instrument,
executed the same.
described in and who
and acknowledged that
55: STATE OF NEW YORK. COUNTY OF
55:
19
, be fore me
On the day of
personally came
the subscribing witness to the foregoing instrument,
whom I am personally acquainted, who, being by me
sworn, did depose and say that he resides at No.
with
duly
that he knows
to be the individual
described in and who executed the foregoing instrument;
that he, said subscribing witness, was present and saw
execute the same; and that he, said witness,
at the same time subscribed h name as witness thereto.
SECTION
BLOCK
lOT
COUNTY OR TOWN
TAX BILLING ADDRESS
Recorded At Request 01 The Tille Guarantee Company
RETURN BY MAIL TO:
THOMAS SAMUELS
89 Haywater Drive
NR s sau Point, New york
Zip No.
J
fiUldlY 1~l;U;,'~. ",,,........ "'~ ..-". --
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Residing li1 oU:',"', v.:>. "..,. .:0 JJ',
CC;i~rni::s;~:1 ,;:. ~;;::rch 30, 19Bf
s T ATE OF NEW YORK, COUNTY OF
On the day of
p~rsonally came
to me known, who, being by me duly
say that he resides at No.
19 , before me
sworn, did depose and
that he is the
of
, the corporation described
in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed
to said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said corpora-
tion, and that he signed h name thereto by like order.
J;argain anb iDalt :lIBttb
TITLE N:." H covOC '~~A'YkGi5hRS Ar'.S G. T t
LA WRENeE s. INGOLIA
TO
THOMAS SAMUELS
STANDARD FORM Of NEW YORK IOARD OF TInE UNDERWalTf.1U
tiIJ T;~;.~du~RANTee.
NeWYORK
A TlCOR COMPANY
55: STATE OF NEW YORK. COUNTY OF
ss:
19
J before me
On the day of
personally came
the subscribing witness to the foregoing instrument,
whom I am personally acquainted, who, being by me
sworn, did depose and say that he resides at No.
with
duly
that he knows
to be the individual
described in and who executed the foregoing instrument;
that he, said subscribing witness, was present and saw
execute the same; and that he, said witness,
at the same time subscribed h name as witness thereto.
SECTION
BLOCK
LOT
COUNTY OR TOWN
TAX BILLING ADDRESS
Recorded At Requesl 01 The Tille Guarantee Company
RETURN BY MAIL TO:
THOMAS SAMUEL.S
89 Haywater Drive
Nassau Point, New york
Zip No.
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APPLICATION FOR APPROVAL OF PLAT
NOV 1 ,"
I R[ClJ
To the Planning Board of the Town of Southold:
The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in
accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town
Planning Board, and represents and states as follows:
L The applicant is the owner of record of the land under application. (If the applicant is not the
owner of record of the land under application, the applicant shall state his interest in said
land under application.) ~
2, The name of the subdivision is to be--/~~e....~.
...............................................................................................
3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed
suggested. )
4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as
follows:
fJ~/}9'
Liber ........................ Page
.. .ol~~.........,..
On
" ,E!/!7./R-?.....".;
Liber ........................ Page
......................
On
.......................,
Liber .,....,......,.......... Page
......................
On
.......................,
Liber ,.,.,....,.............. Page
......................
On
........................
Liber ........................ Page
. . . . . . . . . . . . . . . . . . . . . .
On
........................
as devised under the Last Will and Testament of .,......................,.....,........
or as distributee .........................,........",..,................................
...............................................
...............................................
5. The area of the land is . ..j: 7.:f.........
acres.
6. All taxes which are liens on the land at the date hereof have been paid except .if( ~. . .
................................................................................................
7. ~~~t;a~~ i(sr~~70~f~~~ ~y .@!.f!;tf!!Jj)~~""""""""
(a) Mortgage recorded in Liber .-'t.v.~':?",... Page .;:;l.~~..,....". in original amount
of $)t?~J.ppq:~"unpaid amount $ /?!t?/..tJ()tJ..~?>.." held b~~.~~
.............. address 1:?7.1f~y.~;/~?1iY//Y'btf
(b) Mortgage recorded in Liber ,......,. Page .,....,.....,..,.,..... in original amount
of ....,......... unpaid amount $....,. . . , , . , . . . . . . , . ., held by .,.............,......
. . . . . . . . . . . . ,. address ................. ..........,.,.,.,..........,............,.....
"
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.
.
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(c) Mortgage recorded in Liber .............. Page ................ in original amonnt
of .............. unpaid amount $...... . . . . . . . . . . . . . . .. held by ......................
. . . . . . . . . . . . . . . . . . . . .. address .........................................................
8. There are no other encumbrances or liens against the land except .<f:t:~...............
....................................... ...............................................
9. The land lies iu the following zoning use districts ... P?~: . . . . . . . . . . . . . . . . . . . . . . .
........................................................................................
10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex.
cept
..~........................................................................
11. The applicant shall at his expense install all required public improvements.
12. The land (does) (does not) lie iu a Water District or Water Supply District. Name of Dis.
. 'f 'h' D" . ~
trlct, 1 'VIt In a Istrlct, 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13. Water mains will be laid by . ..~.... ........................ .....................
and (a) (no) charge will be made for instalIing said mains.
14. Electric lines and standards will be installed by .~...............................
lines.
.....................................
and (a)
(no) charge will be made for instalIing said
IS. Gas mains will be installed by .~.... . . .. . . . . . . . . . . . . . . . . . . .. . . . . .. . . . .. . . . . .. . . . . . .
and (a) (no) charge will be made for installing said mains.
16. If streets shown on the plat are claimed by the applicant to be existing public streets in the
Suffolk County Highway system, annex Schedule HB" hereto, to show same.
17. If streets shown on the plat are claimed by the applicant to be existing public streets in the
Town of Southold Highway system, annex Schedule "e" hereto to show same.
18. There are no existing buildings or structures on the land which are not located and shown
on the plat.
19. Where the plat shows proposed streets w hieh are extensions of streets on adjoining sub-
division maps heretofore filed, there are no reserve strips at the end of the streets on said
existing maps at their conjunctions with the proposed streets.
20. In the course of these proceedings, the applicant will offer proof of title as required by Sec.
335 of the Real Property Law.
21. Submit a copy of proposed deed for lots showi"g all restrictions. covenants, etc. Annex
Schedule "D".
"
.
.
.
,-
22, The applicant estimates that the cost of grading and required public improvements will be
$./f1..&1tIt!... as itemized in Schedule "E" hereto annexed and requests that the maturity of the
Performance Bond be fixed at ....... . . . . . ,. years. The Performance Bond will be written by
DATE
a licensed surety company unless otherwise shown on Schedule "F"{J
.....lI/!.:?.... ,.............., 198'3. ,~.r.xf.~:....". ,.'
(Name of Applicant)
BY"~"""""""",,,
(Signature and Title)
(A ' ~~S).........&l.~;;y
STATE OF NEW YORK, COUNTY OF ,~""'"'''''''' '"
III c;" iM~ 8'~
On the .................. day of. . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 19. . . . . ., before me personally came
. .5.~. ~.'. ~.......... to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that. . .l~.. " . executed the same.
9 IY~.
.............:-:~..~/I~.................
Notary Public
---- PEGGY FINElU-
NOTARY PUBLIC, State of New York
No. 471~725, S'dfo!k COunty
Te,'nrl:",-,,,,-,. 'hr"" 11" 'Q'J(,'
L,'.,...", ,I.u ...': _.t. L...lL.T
STATE OF NEW YORK, COUNTY OF............................
ss:
On the ................ day ............ of
..............,
19. . . . . ., before me personally came
. . . . . . . . . . . . . . . . . . . . . to me known, who being by me duly sworn did de-
pose and say that. .. . . . . . . . . . resides at No. ....................................................
. . . . . . . . . . . . . . . . . . . . . . . . . . . that ...................:...... is the ..........
.................. of
.........................................................................
the corporation described in and which executed the foregoing instrument; that ............ knows
the seal of said corporation; that the seal affixed by order of the board of directors of said corporation.
anrl that. . . . . . . . . . .. signed.............. name thereto by like order.
Notary Public
............................................
J'l:S r;:~JCT lOllS:
(a) III order to ons\,.::r the qU'::5tions in this short E^F it is assum"
thot the preporor viII use. currently ovailoblo inforGotion concerning the
project ()nd the .1i1:ely impacts of the ~clion: I~ is n~t expected that
additional stud.le~, research or other .lnvest.lgotians Will be undertaken.
(b) If any question hos beon answered Yes the project may be
~i9nificont. and 0 cO:;1pleted E:1v.ironr.1~ntul Assessment Form is. necessary.
(c) If all questions hove been answered No it is likely that this
project is ~ significant.
(d) Envirorl~~ntal As~c~5m~r,t
1. \'/1.11 p,'oject result in 0 large physical change
to the project site or physically alter more .
thr:n 10 (Icres of lund?....................... Yes v"'No
2. \"Iill there oc 0 major chanGe to ony unique or - -.
,ur,usuol lone! fOIrn found On the site?......... Yes Vf10
3. \'/ill project olter or hO'le 0 large' effect on - .-
existin[j body of water?...................... Yes....-1lo
4. \'/ill project have 0 pot'"ntially large: impact -;-.' -:-
on 9rouncJw"i0r quality?...................... Ycs~~No
5. \'/ill proj oct signi fi conUy ef fed drainage . -:-- -.-
flo\'l On adjacent sites?....................... Yes......,qo
6. \','ill project affect on)' threatened or - -'
endonocr<:d plont or animal species?.......... Yes VNo
7. l'Iill projc::t result in 0 rnoj,'r adverse effcct.--:- .~
. 1 ." ? . . Y . .-,
on o~r (lua.~L)'....................................... CS........-r--IO
U. \'Iill prnject hove 0 major eff<:ct on visual . - -
ChGTClCier of the cor,ll.luni~v or scenic views or
vi;;[o;; known lo'be import~nt to the community?~Yes~o
\'/ill project adversely i::>pact any site or .'
structure of historic, prehistoric or . .
pa.leonto.1.('gicol imrortonce or any site
clcsigncJtccl as a cl"iticol cllvironmerltol crca
"y a 10coi' ogeI1-)'? . - ..... .. .. .... .. Yes ~o
u .. ..... .......................................................... ...........-r'~
10. \'Iill proj,'ct hove (J major effect on existih!) - -
or f u t u r 0 r e c r ,: 0 t ion 01 0 Cl P 0 l' 'I. Un i tic s? . . . . . . . . . Yes v1l0
11. \I.Ul project result in .m~jor traffic problems - ~
Or cav;;e 0 major effect to exisling
tron;;p<lrtotion systoms?...................... Yes .::.t<ro
12. \','il1 project .reGularly Couse objectionable -
odors, noise, glore, vibration, or electrical
disturbance os 0 result of the project's
operation?.... " . ..... . . . . . ... . . .. . '" . . . . . . " . Yes~No
13. \'Iill proj<:ct hove any ir.:poct On public heal th -
or. so f <: t y? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes a..-1\To
I'/ill project offect the existinn community by - -
directly cousino 0 growth in permanent
pO;>lllotion of more thon 5 percent over a one
yeor period or hove a major neD~tive effect
on the choraCter of the co,omunity or
n e i g h 0 0 dlO 0 d? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes ~
I" ~here pul).lic c~ro\Mila~ce~!.l.'J. th~_ ~\
P"o.Ject.?\.~fl'1.~...~............ .~~~~..,I Yes .......-t-lo
- -.
PREP/d~Er.' S S]Gll/\TUr.[_~ r.
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Southold Town Planning Board
Town Hall
Southold, New York 11971
Re:
Gentlemen:
The following statements are offered for your consideration
in the review of the above-mentioned minor subdivision and its
referral to the Suffolk County Planning Commission:
(1) No grading, other than foundation excavation for a
residential building is proposed.
(2) No new roads are proposed and no changes will be made in
the grades of the eXisting roads.
(3) No new drainage structures or alteration of existing
structures are proposed.
Yours truly,
~.
.
/UCI' -,..)7-2-3
OWNER
TOWN OF SOUTHOLD .lOPERTY RECORD CARD
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STREET
VILLAGE
DISTRICT SUB.
LOT
C-'Y\_k) I, \ A S ~6~-:vJtJ E,I,.,S
"FORMER OWNER LS. "IwG.QI...!A.
..) c... 'I r" l\' Vr.MTi J (D/ '
5Q -:/ Tr7;d"~ ~ I~L OL
RES. sEM. VL. 3 {3 FARM
!lAf(K'o~/R,vn: RD In,,0';" f
N I E ACREAGE
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TYPE OF BUILDING
I MISC.
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LAND IMP. TOTAL DATE
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REMARKS
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BELOW
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Value
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(qw;<; ot this survey map not bearing
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