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HomeMy WebLinkAbout1000-22.-3-19 (4) BENNETT ORLOWSKI, JR ChaIrman .. . ...~.:---. . ....,- Town Hal!, 53095 J\bin Road P.O. Box 1179 South old, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 WILLIAM J CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM. JR RICHARD G. WARD . PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 1, 1999 Joseph Frederick Gazza P.O. Box 969 5 Ogden Lane Quogue, NY 11959 RE: Subdivision Applications for Gazza and Lettieri SCTM# 1000-22-3- (19-22) & 31-5-1. 2 Dear Mr. Gazza: I reviewed the above mentioned files in response to your telephone request for a list of the application fees and environmental fees paid to the Planning Board during the subdivision review. The fees paid are as follows: August 1985 July 1989 May 1993 October 1993 Minor subdivision application fees SEQRA review fee SEQRA review fee SEQRA scoping fee $1600.00 $70.00 $1500.00 $350.00 Please let me know if you require any additional information. Sincerely, ~ ~ - Melissa Spiro Planner . . Sub~. 1'6 (Y)S JOS!'!'II FRFllFRllK G^ZZ^ XII OI(NFY AT lAW I',(), H!l'\ I) {jl) , _" ( 11'd('11 I ,aile ()Il11gl1l'. Nn\-' YOlk 11971 ~lIs. Patricia C. l'\'lnmC'-Esq. 51020 t\hin Road ,c..;olllhold, New ,'olk 11(nl No\'crllbcr \9. jf)l)<l Itc: 1':(lsl t\brinll bllds or I.cttll'ri 8.: (ianil SCIMli 11I1I1I~1I22.IU.1I 19,11211.112 I .11.'2 I )c,H I'vlls. t\:lomc, 'l he ~1hO\T n:ft:.'ll,'W cd bnt\c; ha','c today heell (:JIl\'c)'cd hy the l:lldo:rsigncd to the Pcconic land trust who h,ld further cOll\'cynl sallle to tile partnership of COllllly or Suffolk ,lilt! Town of Southold. l11e lands are to he !iHcvcr IHCSCJ\Td as uJlel! ~parc. Ihere is 110 longer allY need to cnlllil1w: ,1PI)!i1'<ltiollS willi the Southold Town Trustees, Southold Town Board of Zoning Appeals, Soul hold Town Planning BPilld 1.\1 ~-JYS DEC. I!y copy of this klll'!" to Il1CSC Agencies il is rcspect rllll.\' Il'(lucsted that the pending applications be \\'ithdrawn withollll'l"C'judice and furthcr Ihal any fcC's paid in cOllnection with said applications be refunded <1<; Soul hold T()\\o i!sclfhas lakclI over Ihese lands rruIlllls. the applkants. K illdly dose your tile Oil lids llIaller and n:llllll 10 1\.1... J ,etlie[i alld~ hall' ('ai..~h. the remaining balance in I'.<;UO\V you arc It'l;lining. II has been a pkasl1Ic to work wilh YOll and I hope to have the opportunity to do S(l agJin ill the rullllc. Very truly )'Ollls: 1 \vi\ I J( )SFPIII,J(\)rI0~K Gi\ZZA ANDREW LEITII'.R! (\:: IlIvolved p:lIlil's \." ,kd > ;"L., j ,-) j ':5.~ " it'lJ /. c....-..) .j t. '"j '\",~r' t ",- I~q] DEe 07 1999 Southold Town Planning Board Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 PR, 111~ VS-fIL . . Telephone (516) 765-18'92 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Planning Board Members FROM: BOARD OF TRUSTEES DATE: June 18/ 1999 RE: Gazza/Lettieri project On Monday June 28/ 1999 at approx. 7:00 p.m. the Board of Trustees would like to have a meeting with your board and the Zoning Board to discuss the Gazza/Lettieri project. Please let Diane or Lauren know if you can make this meeting. If you have any questions, please contact our office at 765-1892. -........ .......'...q)'...,-,..... ..... I.lt""~"""--:."\f' . ;;r... . .. \,\.. ,,,,- '. . .;.' . '. ',,' -".' .'.. .- , . ..,,, '.' 1 ,; , ..0 . '.......;t;li 'C','. ~, . "<./"t,.";\ "l:. ~:~. '......'(,~ ;,~~~~, ~l'-lRliW;jll~ ~j'<!o 20134 .4 COLONIAL . F' ~E ~ 1 c.. \.' HI~ 11...)0 '0 PAGE ~ ~ O~ ~ J 0J(05!1~Sg -'~~ ~4;~~/1999 14:4~ ::,~t,-'tr::,~~,.+~' U::';,',I I=I~FICE-::, r-10:::iF'E ~~;0~/lS'~ l,;,~ I . ~1IPS~~~4 -; ~~~'J Lf:F 'L (~ NaCRE' Pj>(jE al ..-d1. Sf Uti Ill". MIlMU Odo..kl. Jr:., Chell'Mrl IO\atbol' ,..... ,laNllft/l llaal'lt 'tOWft'RaU IS"' ..111 JOad ..0.... un .~~1.. MY 11171 lat 1000-031-01-1.2 .... "10.'" acr.. DlIaJ' QMJ.~ orlOV8kh ftu U ..vi_ ~~. .n4 the loud ~.t lwi.tl to lIitWnv tM 3 l~.lftor .Ub41vt_loa .pp1ioa~1.ft ~111 ,.n41ft9 with retard to tile f......no.l. _ oaty appUcatlG1lliOpIIIldlnv at tbi. tu. are JNn~nc. to 'l'own lA"#,t6-af ..to... ~. .qfti~ __I'd of AaJp.eal"f aM a wM-land ponit t~.autAol. Town trujt... tQ 1aprove the ,klotlnq road. / I~q] APR 0 b 1~1 Southold Town Planning Board APPEALS BOARD MEMBERS . Sv\:; ( M5; Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lara S. Collins George Horning p8! f~(), . Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 9, 1999 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Appl. No. 4619 - Request for Improvements/Fire Access ~AA - C""'/:3 cJ Dear Mrs. Moore: As a follow-up and reminder, this will confirm that the above application is incomplete pending receipt of documentation, noted below (ref. ZBA October 8, 1998 letter). Would you please forward a copy of the SEQRA law or Section under Part 617 referred to in your January 28, 1999 letter. 1) Seven (7) prints of a survey map with preparer's name, showing the 15' wide driveway required by the Zoning Code and the number of buildings proposed and the points of access from the proposed right-of-way construction. (The most recent map submitted to the ZBA was dated October 18,1998 referring to "9" lots.) 2) Staking or similar markings, in part, to show proposed path and turns, along both sides of proposed ROW construction, and photographs of same in relation to the wetlands. 3) Copy of Town Trustees' action and State D.E.C. application or permit regarding the proposed construction activities within 300 feet of wetlands. Thank you. Very truly yours, =.'NGOO<~iq] APt{ \.1- I;:)::'J Southold Town Planning Board WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE R1TCIDE LATHAM, JR. RICHARD G. WARD erown Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD MEMBERS . BENNETT ORLOWSKI, JR. Chairman PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 6, 1999 Patricia C. Moore, Esq. 51020 Main Road Southold, New York 11971 RE: Gazza, Grundbesitzer Corp., and Lettieri Property SCTM# 1000-22-3-19, 20, 21, 22 & 1000-31-5-1.2 Dear Ms. Moore: The following resolution was adopted by the Southold Planning Board at a meeting held on Monday, April 5, 1999: WHEREAS, in 1993, Joseph Frederick Gazza, Andrew Lettieri and Bernice Lettieri filed applications for subdivision approval on the following properties: SCTM# 1000-22-3-19: 2 lots proposed on 4.9 acres; SCTM# 1000-22-3-20: 2 lots proposed on 4.0 acres; SCTM# 1000-22-3-21: 2 lots proposed on 5.4 acres; SCTM# 1000-22-3-22: 3 lots proposed on 6.3 acres; SCTM# 1000-31-5-1.2: 3 lots proposed on 10.67 acres; and WHEREAS, on September 14,1993, the Planning Board issued a Positive Declaration on each proposal, noting that the five (5) subdivision projects were pending in the same geographic area and that the five (5) projects would involve common and potentially significant impacts; and WHEREAS, the five (5) proposals have been dormant since the issuance of the Positive Declaration; and WHEREAS, as per letters dated April 5, 1999, March 10, 1999, and March 8, 1999, Joseph Frederick Gazza, Andrew Lettieri and Bernice Lettieri notified the Planning Board that they wished to withdraw the five (5) subdivision applications; be it therefore RESOLVED that the Southold Town Planning Board withdraw the subdivision applications for SCTM# 1000-22-3-19, SCTM# 1000-22-3-20, SCTM# 1000-22- 3-21 and SCTM# 1000-22-3-22, and SCTM# 1000-31-5-1.2. . . Page 2 Gazza, Grundbesitzer Corp., and Lettieri Property April 6, 1999 Please contact this office if you have any questions regarding the above. Si~&~,~ Bennett Orlowski, Jr. ~ J Chairman cc: Zoning Board of Appeals Town Trustees . . ORIENT AsSOCIATION . ~ pb ".. BOX 282 . ORIENT. NY 11957 March 19, 1999 Mr. Bennett Orlowski, Chairman Planning Board Town Hall Southold, New York Dear Benny, I'm enclosing letters to the Trustees, ZBA, and Town Board officials about the urgency to preserve the property around Dam Pond. Your SEQRA positive declaration was accurate for this sensitive area, and remains, I believe, necessary for the road-access application before the other boards, even without further subdivision. But more to the point is the critical significance of this property as identified by the New York State Open Space Conservation Plan, the Southold Town Open Space and Farmland Conservation Plan, and the Scenic Byways priority list. This site should not be developed but should be preserved, and I hope you will do what you can to facilitate the Town's making a firm commitment to purchase it as soon as possible. Sincerely, ~ Freddie Wachsberger Cc: Melissa Spiro, Town Planner Albert Krupski, Jr., Chairman, Town Trustees Gerard Goehringer, Chairman, ZBA I i+~ \u'~r y<,!r{:--"t^f) .~ !<-i=,v.fnAJ> G)0 \\"h \ S l~ - '11;t<!.{l.!(. ~ ~ IN 0/ /H\J - ~'?lI'i!iqs.,'\1I~ r.~~ If' IDli:,,~]a w I~ h Ui;~~ ~"U \~ ' .\3ioi MAR '2. Z 1999 "" south old Town Planning Board . ORIENT ASSOCIATION . BOX 282 . ORIENT. NY 11957 March 19,1999 Mr. Gerard Goehringer, Chairman Zoning Board of Appeals Town Hall Southold, New York Dear Gerry, The Zoning Board has before it an application for a 280-a variance for access to the properties owned by Mr. Gazza and Mr. Lettieri around Dam Pond. When a proposed subdivision of these properties was before the Planning Board, the issue of this proposed access road, which is based on an existing track that traverses wetlands and is often under water, was one of the reasons for a positive SEQRA declaration. We strongly urge you to reject this application. As you know, the Dam Pond area has been identified by at least three Town plans as a priority for preservation. I enclose copies ofletters to the Supervisor and other members of town government urging them to commit themselves to its purchase as rapidly as possible. Sincerely, ~ FreddieWachsberger Cc: Jean Cochran, Supervisor Bennett Orlowski, Chairman, Planning Board Melissa Spiro, Planner Albert Krupski, Jr., Chairman, Town Trustees , . ORIENT ASSOCIATION . BOX 282 . ORlENT . NY 11957 March 19,1999 Ms. Melissa Spiro Planning Department Town Hall Southold, New York Dear Melissa, We urge Southold Town to proceed vigorously to preserve the property around Dam Pond. Its priority listing in the New York State Open Space Conservation Plan and the Southold Town Open Space and Farmland Conservation plan, as cited in the Dam Pond Maritime Reserve proposal, indicate that the Town has long recognized its importance. Additionally, it was given highest priority by the Orient and East Marion members of the Scenic Byways Committee because of its critical position in the landscape of the causeway, which has been identified by the people of East Marion and Orient, and by Southolders at large, as one of the "special places" which resonate strongly in local citizens' experience of place, and which define for visitors their experience of the landscape of South old Town. As you know, there is presently an application before the Town Trustees and the Zoning Board of Appeals to develop a road to serve five building lots. The Town of Southold has the opportunity to acquire this critical property before it is lost permanently to development, but there is clearly little time to lose. It would be tragic if the Town did not use the means it has been given by the taxpayers for just such a purchase, and lost a property which has been unanimously identified as of the most significant importance to the Town's vistas and environment. The Town must make a firm commitment now to effect its purchase. Sincerely, ~ Freddie Wachsberger Cc: Supervisor Cochran AI Krupski, Jr., Chairman, Town Trustees Gerard Goehringer, Chairman, Zoning Board of Appeals Bennet Orlowski, Chairman, Planning Board . . ORIENT ASSOCIATION . BOX 282 . ORlENT . NY 11957 March 18, 1999 Mr. Albert Krupski Jr., Chairman Town Trustees Town Hall Main Road, Southold Dear Mr. Krupski, The application before you for a road across the wetlands by Dam Pond has raised great concerns. As you know, this property has been widely identified by State and local plans as of the greatest significance and highest priority for acquisition by the public. The track which is being called an old farm road is frequently under water and was a significant issue in the Planning Board's decision to make a positive declaration when the application was before them It is difficuh to believe that a road which would access five properties would not significantly degrade the wetlands of this sensitive area, both through construction and usage. We urge the Trustees to withhold this permit until this question can be adequately addressed through complete environmental review. Sincerely, ~ Freddie Wachsberger Cc: Jean Cochran, Supervisor Gerard Goehringer, Chairman, Zoning Board of Appeals Bennett Orlowski, Chairman, Planning Board Melissa Spiro, Planning Department . ORIENT AsSOCIATION . BOX 282 . ORIENT. NY 11957 March 19,1999 Mr. Brian Murphy,Councilman Town Hall Southold, New York Dear Mr.Murphy, We mge Southold Town to proceed vigorously to preserve the property around Dam Pond. Its priority listiDg in the New York State Open Space Conservation PJan and the Southold Town Open Sp_ and Farmland Conservation plan, as cited in the Dam Pond Maritime Reserve proposal, indicate that the Town has long recognized its importanCe. .4dditinn.l1y, it was given highest priority by the Orieot and East Marion members of the Sceaic Byways Co..-lttee because of its criticIl position in the landscape of the causeway, whic:h has been identified by the people of East Marion IDd 0rieDt, IDd by Southolders at large, as one of the "special places" which rcsooate stnmgly in local r.iti:mns' experience ofp1ace, IDd which define fur visitors their experience of the lmdscape of Southold Town. As you know, there is presV'tly ID application before the Town Trustees and the Zonillg Board of Appeals to develop . road to serve five building lots. The Town ofSouthold has the opportuDity to acquire this criticIl property before it is lost perma"ently to development, but there is clearly Iitt1e time to lose. It would be tragic if the Town did not use the means it has been given by the taxpayers fur just sudl . pun::base, IDd lost . property which has been unmimous1y identified as of the most cipifiQftt importance to the Town's vistas IDd environment. The Town most make . firm co......:I....,... now to effect its pmchase. Silwerely, Freddie Wachsberger Cc: Supervisor Coduan Melissa Spiro, Town PJanner AI Krupski, Jr., Chair;pn, Town Trustees Gerard GoehriDserJJairma:n, Znnillg Board of Appeals lWmet~ pI.".,.;..gBoard . ORIENT AsSOCIATION , . ~r t16 BOX 282 . ORIENT. NY 11957 March 19,1999 Ms. Melissa Spiro Planning Department Town Hall Southold, New York Dear Melissa, We urge Southold Town to prooeed vigorously to preserve the property around Dam Pond. ks priority listing in the New York State Open Space Conservation Plan and the Southold Town Open Space and Farmland Conservation plan, as cited in the Dam Pond Maritime Reserve proposal, indicate that the Town has long recogJ1i7ed its importance. Additionally, it was given highest priority hy the Orient and East Marion members of the Scenic Byways Committee because of its critical position in the landscape of the causeway, which has been identified by the people of East Marion and Orient, and by Southolders at large, as one of the "special places" which resonate strongly in local citizens' experience of place, and which define for visitors their experience of the landscape of South old Town. As you know, there is presently an application before the Town Trustees and the Zoning Board of Appeals to develop a road to serve five building lots. The Town of Southold has the opportunity to acquire this critical property before it is lost permanently to development, but there is clearly little time to lose. k would be tragic if the Town did not use the means it has been given by the taxpayers for just such a purchase, and lost a property which has been unanimously identified as of the most significant importance to the Town's vistas and environment. The Town must make a firm commitment now to effect its purchase. Sincerely, ~ Freddie Wachsberger ~~~!' Cc: Supervisor Cochran AI Krupski, Jr., Chairman, Town Trustees Gerard Goehringer, Chairman, Zoning Board of Appeals Bennet Orlowski, Chairman, Planning Board Southold Town Planning Boar<~ . ORIENT ASSOCIATION . BOX 282 . ORIENT. NY 11957 March 18, 1999 Mr. Albert Krupski Jr., Chairman Town Tmstees Town Hall Main Road, Southold Dear Mr. Krupski, The application before you for a road across the wetlands by Dam Pond has raised great concerns. As you know, this property has been widely identified by State and local plans as of the greatest significance and highest priority for acquisition by the public. The track which is being called an old farm road is frequently under water and was a significant issue in the Planning Board's decision to make a positive declaration when the application was before them. It is difficuh to believe that a road which would access five properties would not significantly degrade the wetlands of this sensitive area, both through constmction and usage. We urge the Tmstees to withhold this permit until this question can be adequately addressed through complete environmental review. Sincerely, ~ Freddie Wachsberger Cc: Jean Cochran, Supervisor Gerard Goehringer, Chairman, Zoning Board of Appeals Bennett Orlowski, Chairman, Planning Board Melissa Spiro, Planning Department . ORIENT ASSOCIATION . BOX 282 . ORIENT. NY 11957 March 19, 1999 Mr. Bennett Orlowski, Chairman Planning Board Town Hall Southold, New York Dear Benny, I'm enclosing letters to the Trustees, ZBA, and Town Board officials about the urgency to preserve the property around Dam Pond. Your SEQRA positive declaration was accurate for this sensitive area, and remains, I believe, necessary for the road-access application before the other boards, even without further subdivision. But more to the point is the critical significance of this property as identified by the New York State Open Space Conservation Plan, the Southold Town Open Space and Farmland Conservation Plan, and the Scenic Byways priority list. This site should not be developed but should be preserved, and I hope you will do what you can to facilitate the Town's making a firm commitment to purchase it as soon as possible. Sincerely, ~- Freddie Wachsberger Cc: Melissa Spiro, Town Planner Albert Krupski, Jr., Chairman, Town Trustees Gerard Goehringer, Chairman, ZBA . ORIENT ASSOCIATION . BOX282. ORIENT. NY 11957 March 19,1999 Mr. Gerard Goehringer, Chairman Zoning Board of Appeals Town Hall Southold, New York Dear Geny, The Zoning Board has before it an application for a 280-a variance for access to the properties owned by Mr. Gazza and Mr. Lettieri around Dam Pond. When a proposed subdivision of these properties was before the Planning Board, the issue of this proposed access road, which is based on an existing track that traverses wetlands and is often under water, was one of the reasons for a positive SEQRA declaration. We strongly urge you to reject this application. As you know, the Dam Pond area has been identified by at least three Town plans as a priority for preservation. I enclose copies ofletters to the Supervisor and other members of town government urging them to commit themselves to its purchase as rapidly as possible. Sincerely, ~ FreddieWachsberger Cc: Jean Cochran, Supervisor Bennett Orlowski, Chairman, Planning Board Melissa Spiro, Planner Albert Krupski, Jr., Chairman, Town Trustees . . ORIENT AsSOCIATION . BOX 282. ORIENT. NY 11957 March 18, 1999 Jean Cochran, Supervisor Town Hall Southold, New York, 11971 Dear Jean, We urge you to proceed vigorously to preserve the property around Dam Pond. In addition to its priority listing in the New York State Open Space Conservation Plan and the Southold Town Open Space and Farmland Conservation Plan, as cited in your Dam Pond Maritime Reserve proposal, it was, of all the sites listed in Orient for the Scenic Byways Committee, one of the two highest priority parcels due to its critical position in the views from the causeway between Orient and East Marion. The causeway and its surrounding landscape have been identified by the people of Orient and East Marion, and by Southolders at large, as one of the "special places" which resonate strongly in local citizens' experience of place, and which define for visitors their experience of the landscape of South old Town. There can be few sites more deserving of protection through the Town's program of the purchase of open space, and few sites more threatened with imminent development. Please use all means available to achieve this acquisition. Sincerely, Freddie Wachsberger . . ORIENT AsSOCIATION BOX 282 . ORIENT. NY 11957 March 19,1999 Mr. Brian Murphy,Councilman Town Hall Southold, New York Dear Mr.Murphy, We urge Southold Town to proceed vigorously to preserve the property around Dam Pond. Its priority 1istiDg in the New York State Open Space Conservation Plan and the Southold Town Open Space and Farmland C.on.....-vation plan, as cited in the Dam Pond Maritime Reserve proposal, indicate that the Town has long recognized a importance. Additll)1l8ny, it was given highest priority by the Orient and East Marion members of the Scenic Byways Co...mi1tee because ofa critica1 position in the landscape of the causeway, wbk:h has been idP.lltified by the people of East Marion and Orient, and by Southolders at large, as one of the "special places" which resonat" stroDgly in local citi--s' experience ofplace, and which define fur visitors their experience of the landscape ofSouthold Town. As yon know, there is pmmtJy an application befure the Town TIUllteeS and the ZOning Board of Appeals to develop a road to serve five building lots. The Town ofSouthoId has the oppodUDity to acquire 1his critica1 property befure it is lost ,........,.ently to development, but there is clearly little time to lose. It would be tragic if the Town did not use the means it has been given by the taxpayers for just suc:h a pun:base, and lost a property wbk:h has been UDaDimously i~ed as of tile most cigPificam: importance to the Town's vistas and environment. The Town IDlSt make a firm co.......I,.oent now to effect its pun:hase. Sincerely, Freddie Wachsberger Cc: Supervisor CodIran Melissa Spiro, Town Planner AI Krup*i, Jr., Chail;wan.. . T Tcnown TIU8teeS Gerud GoebriDger,JJairman, 2'....ing Board of Appeals ~~~.':" ~--gBoard ----~-------,,- ~..- , . . ~ M5 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11 971 Tel: (516) 765-4330 Fax: (516)765-4643 March 15, 1999 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Margaret Rutkowski SecretaIy ~P. r.;[; \"'~';7..\\\7"~../ ~\ D H, 11~. l:~ ~ .<,.. I,~, , . ....) fiJ ~. "-" \~;;"\",' ,c.; \'\@ 1 ~ '1999 Southo\d Town Planning Board Re:Gazza and Lettieri subdivision Dear Chairman Orlowski: Enclosed please find an original letter dated March 10, 1999 from Mr. Gazza withdrawing his subdivision application. Mr. and Mrs. Lettieri are in Florida and as soon as I receive their signed letter I will forward it to you. Thank you in advance for your courtesies in this matter. If there is anything further you need, please do not hesitate to contact me. Very truly yours, Patricia C. Moore cc: Mr. Gazza Esq. Mr & Mrs Lettieri . JOSEPH FREDERICK GAZZA . ATTORNEY AT LAW P.O. Box 969 5 OGDEN LANE QUOGUE. NEW YORK 11959 (516)653-5766 (DAY AND EVENING) March 10, 1999 Bennett Orlowski, Jr. Chairman Southold Town Planning Board Town Hall 53095 Main Road P.O. Box 11 79 Southold, NY 11971 Re: East Marion five acre parcels 280-A,SCTM#1000-22-3-l9,20,2l,22 Dear Chairman Orlowski, We are in receipt of your letter dated Fe~ruary 25,1999, please be advised that we, the undersigned, do not wish to subdivide our five acre parcels located north of Dam Pond. We hereby withdraw the applications to subdivide each five acre parcel into two lots. The 280A application is solely for lot access to the five acre single & separate parcels owned individually by the undersigned, this action is a SEQRA Type II action, and does not involve the Planning Boaro. The October 28, 1998 letter was simultaneously submitted to your board when it was submitted to the zoning Board and Trustees, this was not "an attempt to circumvent and segment the SEQRA process" as you allege. We have no interest in subdividing the five acre properties, and Planning Board applications have not been pursued in years and we believe that each five acre lot is more desirable as a large estate parcel. Thank you for your anti ipated cooperation in this matter. Very ANDREW LETTIERI BERNICE LETTIERI cc: Lettieri & Lettieri 48 Cayuga Rd. Yonkers,NY 10710 patricia C. Moore-Esq. 51020 ~.....~. SouthOld, New York . . szij6l~ MS PATRICIA C. MOORE ARm1cy at Law 51020 MaiD ROlld ""'''hnLI. Haw York 11971 Tot: ($16) 765-4330 FIX: (516) 765-4643 FACSIMILE COVER SHEET The pagE's comprising this facsimile transmission contain confidentJ.al information from Patri.cia C. Moore. This int'orlllation is intended solely for use by the individual entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contl,nts of this transmission is prohibited. If you have received this transmisston in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to you. TO: --k1na--:- ~ Pe."---"';A ~ RE: ~~-'/'(J &0- DATE: .3 - f 7-9i:J TOTAL ~3ER OF PAGES INCLUDING COVER SHEET ~ IF TRANSMISSION IS FAULTY OR INCOMPLETE, PLEASE CALL BACK AS SOON AS POSSIB:LE. CLIENT NAl"lE: OPERATOR: MARGARET aet.~ h ~ ~~~ .A-e. ~ A.~~~ ~~~ tv~. , ~~r-"'~--"",,9q]'" . ~. ,L9)~~i'~' { . ~ !', '.. '.' g,. . '.' ~ .. . ',., rlKi\ J.. i I~<..,J South old Town Planning Board HJ 3911d 3dOOH ';3:'LBJ (011, Ev9pS~L9T~ 9S:TT 665T/LT!E0 . JOSEPH FR~OERICK GAlZA. ~ ATTORNEY AT LAW P.O. Box 969 5 OGDEN LANe QUOOUE, NewYOIlK 11959 (516)653-5766 (DAY AND tvtN"G) March 10, 1999 Bennett Orlowski, Jr. Chairman Southold Town Planning Board TO\fn Hall 53095 Main Road P.O. Box 1179 SouthOld, NY 11971 Re: East Marion five acre parcels 280-A,SCTM#1000-22-3-19,20,21,22 Dear Chairman Orlowski, We are in receipt of your letter dated February 25,1999, please be advised that \fe, the undersigned, do not wish to SUbdivide our five acre parcels located north of Dam Pond. We hereby withdraw the applications to subdivide each five acre parcel into two lots. The 280A application is SOlely for lot access to the five acre single & separate parcels owned individually by the undersigned, this action is a SEQRA Type II action, and does not involve the Planning Boar~. The October 28, 1998 letter was simultaneously submitted to your board when it was SUbmitted to the 10nlng Board and Trustees, this was not "an attempt to circumvent and segment the SEQRA prOCess" as you allege. We have no interest in subdividing the five acre properties, and Planning Board applications haVe not been pursued in years and we believe that each five acre lot is more desirable as a large estate parcel. Thank you for your anticipated cooperation in this matter. Very CK GAZZA ANDR);:W LETTnR! BERNICE LETTIERI MAR 11 1999 CC. Lettieri & Lettieri 48 Cayuga Rd. Yonk8rs,NY 10710 Patricia C. Moore-~sq. 51020 Southold, New York SOuthord T.)V'>Yl PJannmrY P")"f'" . ~j' <--- ..~ '-, WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD ~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD MEMB~ BENNETT ORLOWSKI, JR. Chairman PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 25, 1999 Patricia C. Moore, Esq. 51020 Main Road Southold, New York 11971 RE: Gazza, Grundbesitzer Corp., and Lettieri Property SCTM# 1000-22-3-19, 20, 21, 22 & 1000-31-5-1.2 Dear Ms. Moore: The Planning Board reviewed your January 28, 1999 letter to the Zoning Board of Appeals, which was copied to the Planning Board and the Town Trustees, at the February 8, 1999, work session. The letter included a copy of a letter dated October 24, 1998, which was addressed to the Planning Board. The Planning Board's records do not show that the October 24, 1998 lette~ was ever submitted to the Planning Board Office. Your January 28, 1999, letter indicates that "". uoon issuance of 280A aooraval for access to their individual parcels they will formally withdraw their individual minor subdivision applications...." Your letter does not direct the Planning Board to withdraw the applications at this time, and conditions the subdivision withdrawal on the granting of 280A approval. Based on the fact that your client is not formally withdrawing the pending applications, the question is once again raised as to if the recent applications before the Town Trustees and the Zoning Board of Appeals are an attempt to circumvent and segment the SEQRA process. Until such time that the pending applications are formally withdrawn, the applications for subdivision approval and the Positive Declarations which were issued in regard to the applications, remain pending before the Planning Board. The Planning Board, by copying this letter to both the Town Trustees and the Zoning Board of Appeals, is notifying those agencies that the subdivision applications which are pending before the Planning Board have not been withdrawn. Please feel free to contact me if you have any questions regarding the above. Bennett Orlowski, Jr. Chairman cc: Zoning Board of Appeals Town Trustees . . ~ ;9b M.S fJt...r? PATRICIA C. MOORE Attcmey at Law 51020 Main Road Southold, New Yark 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 Margaret Rutkowski SecretaIy January 28, 1999 l~qJ JAN 2 9 1999 Southold Town Zoning Board of Appeals Gerard P. GOehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Southold Town Planning Board Re: 280 A - Bernice Lettieri, Andrew Lettieri and Joe Gazza Dear Chairman and Board members: I am in receipt of a letter dated January 13, 1999 from the Planning Board regarding the above properties. The four property owners do not wish to subdivide their individual single and separate five acre parcels. Enclosed please find a copy of a letter prepared by the owners and signed by each owner stating that upon issuance of 280A approval for access to their individual parcels they will formally withdraw their individual minor Subdivision applications submitted to the Planning Board in the 1980's which have been inactive since 1993. The only application the individual owners wish to pursue is 280-a access over the Lettieri 10.67 acre parcel (SEQRA Type II). Pursuant to 280-a of Town Law, as amended July 1, 1998, "The applicant for such a permit may appeal from the decision of the administrative officer having charge of the issue of permits to the board of appeals or other similar board, in any town which has established a board having the power to make variances or exceptions in zoning regulations for: (a) an exception if the circumstances of the case do not require the structure to be related to existing or proposed streets . . or highways, and/or (b) an area variance pursuant to section two hundred sixty-seven-b of this chapter, and the same provisions are hereby applied to such appeals and to such board as are provided in cases of appeals on zoning regulations." (New York state Town Law S 280-a, as amended July 1, 1998) The common property owners recorded a right-of-way agreement giving all parcels north of dam pond a common easement over the Lettieri ten(10+) acre property. The four parcels north of Dam Pond would prefer to share an appropriately improved but environmentally appropriate driveway with natural material and a pervious surface. We would welcome the Town Engineer's comments and a coordinated permit process between the Town Trustees and ZBA. We have applied to the Southold Town Trustees for a wetland permit and submitted at the public hearing affidavits and testimony of the history of the farm parcels and how the westerly kettle hole originated. Pursuant to the Trustee's request, a survey of the road detailing the contours and setbacks to wetland specifically in the area closest to Dam Pond and staking of the location of the road where the road crosses the low spot is being prepared. Once the area is staked I will call the boards for an inspection. After the detailed map is complete and the Town Trustees and ZBA have given us their recommendations for road improvements, we will be in a better position to apply to the DEC for a regulatory permit, if one is necessary. since the subdivisions have not been pursued, and will ultimately be withdrawn, the Planning Board would no longer have jurisdiction over the road. The access would be limited to 280-a. I would be happy to coordinate as many agencies as you deem necessary. ~~lY yours, ~4- Patricia C. Moore cc: Planning Board w/enc. Trustees w/enc. Mr. Gazza (by Fax) Mr. Lettieri . . JOSEPH FREDERICK GA12A ATTORNEY AT LAW P.O. Box 969 5 OGDEN LANE QUOGUE. NEW YORK 11959 (516)653-5766 (DAY AND EVENING) October 24, 1998 Southold Town Planning Board Town Hall 53095 Main Road Soathold, New York ! 1971 Re: Subdivision Applications of/at 1000-022.00-03.00-019.000(4.9 ac. - 2 lots proposed by J.F.Gazza) 1000-022.00-03.00-020.000(5 ac. - 210ts proposed by B. Lettieri) 1000-022.00-03.00-021.000(5.393 ac. - 2 lots proposed by J.F.Gazza) 1000-022.00-03.00-022.000(6.3 ac. - 3 lots proposed by J.F.Gazza & A.Lettieri) Dear Board Members, The undersigned, Bernice Lettieri and Andrew Lettieri have authorized Mrs. Patricia Moore-Atty. to apply for a 280- A variances to utilize an existing right of way easement as access to allow one single family dwelling to be constructed on tax lot 1000-022.00-03.00-19,20,21, & 22. It is our intention to utilize each. parcel as one building lot and provided that a building permit is issued our pending subdivision application of these parcels will no longer be requested. It is respectfully requested that upon the issuance of a single family dwelling building permit on each tax lot that the pending sub-division application affecting each tax lot be withdrawn. ./'-A Very truly yours, ,oo~~ ConselltedJo: -~ Off 1-800-877-8881 Fax 1-201-343-1934 Pat Moore Fax: 765-4643 PLANNING BOARD MEMB~ BENNETT ORLOWSKI, JR Chainnan WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCillE LATHAM, JR RICHARD G. WARD . Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Town Trustees Zoning Board of Appeals FROM: RE: Melissa Spiro, Planner Property owned by B. Lettieri, A. Lettieri and J. Gazza (a.k.a. ZBA application for: Proposed Right-of-Way and 280-A Access for fire vehicles (Five Building Lots) SCTM# 1000-22-3-22) (a.k.a. Planning Board files for Gazza, Grundbesitzer Corp. and Lettieri, SCTM# 1000-22-3-19, 20, 21, 22 & 31-5-1.2) DATE: January 13, 1999 Below please find a list of Planning Board actions and Planning Board comments in regard to the above mentioned property. The Planning Board has had some form of subdivision proposal on the above mentioned properties pending since the early 1980's. Since 1993, five (5) subdivision proposals, as noted below, have been before the Planning Board: SCTM# 1000-22-3-19: SCTM# 1000-22-3-20: SCTM# 1000-22-3-21: SCTM# 1000-22-3-22: SCTM# 1000-31-5-1.2: 2 lots proposed on 4.9 acres; 2 lots proposed on 4.0 acres; 2 lots proposed on 5.4 acres; 3 lots proposed on 6.3 acres; 3 lots proposed on 10.67 acres. On September 14, 1993, the Planning Board issued a Positive Declaration on each proposal, noting that the 5 subdivision projects were pending in the same geographic area and that the 5 projects would involve common and potentially significant impacts. Many of the reasons supporting the Positive Declaration apply to any type of development of the subject property. I am listing some of the reasons supporting the Positive Declaration below and enclosing a copy of the Positive Declaration for each project for your review. Development of the subject parcels will result in significant loss of open space in a Town and County designated Critical Environmental Area which contains unique habitat and resources associated with Dam Pond. . . Lettieri I Gazza January 13, 1999 Page 2 Development of the subject parcels will result in impairment of the viability of unique habitat areas including overgrown field, tidal wetlands, dune lands and first growth woods. The diversity of habitats and the fragmentation and loss of same represents a significant ecological impact. Development of the subject parcels may cause impact to the surface waters of Dam Pond in the form of erosion and sedimentation, stormwater runoff, and nitrogen load. Groundwater is shallow beneath the site and may suffer negative impacts from sanitary system installation. Development of the subject parcels will cause potential visual impacts of a negative nature. The development of the subject parcels will require common access and will share some utilities and impacts. The viability of the access has been questioned by the Town Trustees as this access may require a road crossing over Trustee land, an action which the Trustees have indicated they are not inclined to permit. The Planning Board held a scoping session in regard to the proposals, and on November 12, 1993, sent the applicant a summary outline of the scoping session to be used as a guide for the preparation of a Draft Environmental Impact Statement. A copy of same is attached. The proposals before the Planning Board have been dormant since the request for a DEIS. The applicants (Mr. and Mrs. Lettieri and Mr. Gazza), have not pursued their applications further. Pat Moore, attorney for Mr. and Mrs. Lettieri and Mr. Gazza, attended the Planning Board's work session on September 28, 1998, during which the Planning Board was discussing the Zoning Board's request for comments regarding the subject parcels. Ms. Moore told the Planning Board that her client intended to withdraw the pending subdivision applications. However, as of this date, the Planning Board has not received correspondence in regard to the withdrawal of the subdivision applications. Therefore, the 280-A application presently stands in direct contravention to the 5 pending subdivision applications before the Planning Board. As noted above, one of the issues raised in the Planning Board's Positive Declaration was the access to the parcels, in that the access would require the crossing of a wetland. It is recommended that the records of the Town Trustees and NYSDEC be reviewed in regard to issues of wetland ownership, wetland permits and the impact of road construction on the wetlands. In addition, it is recommended that James Richter, Engineering Inspector, be coordinated in regard to road requirements within the right-of-way. . . Lettieri/ Gazza January 13, 1999 Page 3 The Planning Board has before it a proposal to subdivide the property located to the west of the subject properties. The proposed subdivision is located on SCTM# 1000-22-3-15.1 and 18.3, and is known as Cove Beach Estates. The Planning Board granted conditional final approval to a 34 lot subdivision with one of the conditions being that: A road tap must be provided to allow for access of the adjacent properties to the east to Main Road. The road tap must be located approximately. six hundred (600) feet north of the intersection of the proposed road (Cove Beach Drive) and Main Road (State Route 25). The ownership of the Cove Beach Estates property has changed, and the new owner has filed conservation easements with the Peconic Land Trust on a majority of the property. In addition, he is proposing to decrease the number of lots to 10. The road layout for the 10 lot proposal is similar to that of the 34 lot proposal and the above mentioned condition in regard to the road tap will be required for the 10 lot proposal. Please see the enclosed diagram for clarification in regard to the proposed road tap location. Although Gazza and Lettieri are guaranteed access to SR25 over the Cove Beach road, this does not resolve the issue of access to the interior 4 lots. As noted earlier, the subdivision applications before the Planning Board have been dormant since the Board's request for the preparation of a DEIS. The Planning Board questions the end result of the 280-A application before the Zoning Board of Appeals and the Wetland Permit Application before the Town Trustees: -Are the recent applications an attempt to circumvent the SEQRA process? -If the pending subdivision applications are not withdrawn, will the applicants proceed with their wish to subdivide the property into a total of 12 lots upon receipt of a decision from the ZBA in regard to the 280-A application? -If the pending subdivision applications are withdrawn, will the applicants at a later date re-apply for subdivision of the property? Again, is this an attempt to circumvent the SEQRA process? I trust the above mentioned information will assist you in your review of the pending applications. If you require any additional information, please feel free to contact me or to review the Planning Board's files. enc. . .' ~~ Off/CEOf 'BO.Jt'RV OJ .Jt'P'P'E.JtLS Soutliotd70wn :JItztT 53095 Main Roaa Soutliota; .J\I]I II97J 765-1809 Z1?.Jl tee ~aWri:1iil :~;;;~.':;:.:::,~.:~~{:,;:~.........................~~......"'1!lI MEMORANDUM SEP 21 l~~tl TO: Planning Board "Am FROM: Board of Appeals ryr ~ r Southold Town DATE: September 22, 1948 Planning Board SUBJ: Preliminary Recommendations Planning/Zoning Projects Re: ProDOsed Right-of-Wav and 280-A Access for fire Vehicles (Five BuildinG Lots) 1000-22-3-22. Our record shows that the Planning Board had/has jurisdiction in this area. Please describe actions or conditions relevant to this project. Thank you. Re: Faith Reform BaDtist Use - ExistinG BuildinG at 1000-114-11-12. This property is Zoned HB and contains existing building(s). An Interpretation is being requested regarding Section 100- 91A(12), or alternatively a Special Exception "!,1der Article IX, Section 100-91B for religious meeting activities. ~ dXta~J . Re: Laurel Links Golf Course and SiGn Variance (On-Site). Laurel. A Special Exception for Golf Activities has been filed. Variance for a Ground Sign has been filed and is based upon a Notice of Disapproval issued by the Building Inspector for this site. Re: Mr. and Mrs. Ed Dart. Proposed Set-Off/Division at C.R. 48 and 3070 Peconic Lane, Peconic. 1000-74-3-15. Size of house lot is substandard at 28,400+- sq. ft., and vacant land is proposed at 58,000+- Sof. Applicant proposes to retain same rear line as those immediately north. Re: Casa Bianca - Please confirm whether or not there has been any activity within the last 12 months with your department for any proposals. Thank you. . . ~ 1'8 M5 PATRICIA C. MOORE Attorney at Law 315 Westphalia Road P.O. Box 483 Mattituck, New York 11952 Tel: (516) 298-5629 Fax: (516) 298-5664 Margaret Rutkowski SecrelsIy April 30, 1996 Board of Town Trustees Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 RE: Lettieri 280A access for lots SCTH# 1000-22-3-19 to 22 Dear President Krupski and Members of the Board: I would respectfully request a presubmission conference with the Board regarding the proposed 280A access to the above referenced lots. As you know this property has been the subject of litigation with the adjacent major subdivision, Cove Beach Estates. Alternative access over the adjacent parcel has been sought unsuccessfully through court action. The owners of the above referenced parcels have agreed not to subdivide the five acre lots, however they will require 280A access from the Zoning Board of Appeals and a wetland permit from you. Before we locate the proposed access, we request your guidance and assistance. Very truly yours, Patricia C. Moore PCM/mr cc: Mr. & Mrs. Andrew Lettieri Joseph Gazza, Esq. ~ Southold Town Planning Board~ . 'c'-'~-~'0)-~' ~"'-"~i"-'~,:~;"-;'~._- , :' ~ l', '. ' _ ,; '_'~ ,--;!~:_-:.._~~~~~-_..~~.~- ~AY 11.;';6 ; ~ Southold Town Planning Boar. 2 . December 12,1994 PUBLIC HEARINGS Mr. Ward: 7:30 p.m. Cove Beach Estates - This major subdivision is for 34 lots on 98.27 acres located on the north side of Main Road; 1776 feet east of Stars Road in East Marion. SCTM# 1000-22-3-15.1 & 18.3. Is the applicant here, or agent? Charles Cuddy: I'm Charles Cuddy. I appear on behalf of the owner who is Raoul Witeveen who is here tonight. Also with us are a number of people; Young & Young represented by Ken Abruzzo, Joe Fischetti, the engineer and John Halsey and Tim Caufield from the Peconic Land Trust. This application has been before the Board for a number of years. It's had, as you know, several different owners. Mr. Witeveen is the current owner and he has complied with the Board's requirements to get to this point. This is a property that has had not only a Board of Review hearing on several occasions with the Health Department, but had been the subject of a Supreme Court action. We, at this point in time, have received the Health Department approval and we have DOT approval and we believe that it's appropriate for the Board to go forward with the 34 lot subdivision. We've set aside a great many acres for open space and park and recreation and the subdivision I believe meets all the requirements that the Board has. And for that reason we would ask the Board give us conditional final approval subject to, among other things, to posting a performance bond and to complete a certain lot line application with the owner (inaudible). Mr. Ward: OK. We are in receipt of a letter from counsel William Moore representing Gazza-Lettieri on the property to the east and that letter will become part of the record and will be made available to the applicant. Is there anyone else that would like to be heard this evening regarding this proposed subdivision? Joseph Gazza: Good evening members of the Board. My name is Joseph Frederick Gazza. I live at Ogden Lane in Quogue and I'm an adjacent property owner to the east. The Board may be aware that I've appeared before you at least a dozen times, maybe more, in connection with my proposed development which is running simultaneously with the Cove Beach Development. As their development has been through a most likely 10 year review process, so has mine. By mine, I am talking about the Andrew Lettieri and the Joseph Frederick Gazza parcels as one. The key issue in the development of the Lettieri-Gazza property has always been the access issue and it has been my position that a coordinated plan of access should be accomplished with the two developments, since they are adjacent properties, since they share similar problems and since they both have only 50 or 60feet of frontage on the Main Road. I I had outlined in a previous letter to this Board back in March of 1992, I'll provide the Board with a copy at this time -- the reasons for the coordination of access, reasons that I did not come up with by myself, but reasons that the Town of Southold Town Trustees determined were important for eliminating two roads side by side or eliminating a crossing of a wetland area with a roadway or a bridge, for aesthetics. For reasons that the New York State Department of Environmental Conservation responded to about the non-necessity of having two roads in excess of 1400 feet, side by side. The DEC clearly made the point that there should be coordinated access, a coordinated road system. There should be planning between the two developments. have been unsuccessful in negotiating with the property owners up to now, that may change now I'm not sure, but the prior owners, Mr. Harold Reese and others, I've Southold Town Planning Boa. 3 . December 12, 1994 never been successful in negotiating with them for a coordinated access. My background in real estate and planning subdivision process, I have never seen an instance where a Planning Board could look at two maps side by side and know full well that on map is very difficult to develop with the access that it has, if not impossible, and not coordinate access between the two maps. I spent a little while this afternoon at the County Center in Riverhead and I ran out every subdivision map that this Board has approved in the last five years. And I studied every single map. And I'd like to report to the Board that, I had a roll of quarters making photocopies of maps where the Planning Board looked at a parcel, determined that for coordination between this parcel and adjacent lands that an access spur should be provided. It's a normal, ordinary planning point. I'll start with the map of West Mill subdivision for M. Paul Friedberg, where the Board set forth a road leading to additional lands off of the -- well, let's see, it's your file number 9539, July 20, 1994. You may be familiar with that one. If I could present these maps to the Board? We have a second subdivision map known as the Southold Villas. Your filed map number 9237 in which Jasmine Lane was provided to continue into adjacent properties to future access with coordination in mind. We have the map of August Acres in which a spur road known as the Sage Spur was provided in the subdivision specifically to connect into future property, and it was labeled as Sage Spur, the adjacent property was the land of Sage. The map of Thomas MacKenzie filed number 9001, wherein the Board provided a 50 foot right of way to connect into the land of Latham Farms. The map of Highpoint Meadows, number 8912. It's an interesting one, the Board provided a cul-de-sac at the perimeter of the map and called it the Tuthill Road extension with the provision that the cul-de-sac turn around was to be eliminated when the road continued into the adjoining development. The map of Chardonnay Woods at Southold, where the Planning Board also sought then to extend a road through open space land, the access for a road, through open space to be preserved, in order to connect it to the lands of Sawicki, which were undeveloped, an acreage parcel adjacent. That was filed map 8822. There's been a longstanding practice of this Board to follow proper zoning and planning principles to provide for future development, to coordinate developments when possible. And I think that that step in connection with these two subdivisions, that of Gazza-Lettieri and Cove Beach Estates, has not been fully completed by the Board and I was hoping that the Board may reflect on your past practices, on the law, and on the fact that you have adjacent property owners who havel been before you for eight years focusing on the same issue, asking the Board for your consideration to provide an access spur and I appear before you this evening, I know it's the final application of this map, but my request is the same and I would hope that the Board would consider such an access spur to eliminate the problems that will develop with uncoordinated development of these two properties. Thank you. Mr. Ward: Anyone else like to address this particular project? Mr. Cuddy: I would like to address Mr. Gazza's remarks. He wanted you to reflect on the law from the past. I didn't hear any law, and I don't think there is any to say that a neighboring property has the right to go over your property, which is what he proposes. But I'd like to review the facts with you a little bit because I don't think that they were Soulhold Town Planning Boar. 4 . December 12, 1994 fully laid out. Mr. Gazza bought this piece of property a number of years ago. He has not gotten yet to an Environmental Impact Statement, and it's been more than eight years since he's owned the property. His parcel is apparently five separate minor subdivisions that he's trying to get this Board in one point or another to approve. He hasn't gotten really out of the environmental area yet and he does not have in fact before you, and actual subdivision. He's got a proposal. We're done effectively with our subdivision map. What he's asking is that you hold up our map so that something can be done with his map. I know of no principle that says you must (inaudible) your neighbors property with the imposition of a so called spur. There's none at law, and Mr. Gazza has not cited any law. Quite frankly, what Mr. Gazza is really asking this Board to do is not good planning. Because if it was good planning, Mr. Gazza could have stood up here and said, I want one road, you can use my road. But I haven't heard that offer because we're not going to hear that offer, because Mr. Gazza has a problem with his property, but he forgets to tell what the problem is and the problem is that it's fragile. Of course, you know that it's fragile. And what he did was he created a hardship. He bought a piece of property, it wasn't good, and he wants us, the neighboring property to assist him at this point, and that's just wrong to do. There's no question of good planning, putting a spur. That's nonsense to give you all sorts of spur related maps. Spurs are often done, but this isn't a spur. This is taking Mr. Gazza out of a problem and putting him across our property and doing it at the last moment. All this is tonight is a question of leverage and the Board shouldn't lend itself to this type of (inaudible). Thank you. Mr. Ward: Any further comments? Mr. Gazza: I'd like to respond, if I may? Mr. Ward: If you could make it brief it would be appreciated. Mr. Gazza: Thank you Mr. Chairman. I don't know if the Board can see the subdivision map from this distance but -- have you had an opportunity to review the map, Mr. Cuddy? -- it's easy to discern that the Cove Beach Road and the Gazza- Lettieri Road is running through land that is not environmentally sensitive for a distance of approximately 1400 feet, side by side. Absolutely two side by side roads. I have no problem, and neither does Mr. Lettieri with using either the Cove Beach Road or the Gazza-Lettieri road. We'd be very happy to use just one. This is just improper to have two roads side by side. Now, we'll offer our road and we have offered to the prior owners, Mr. Reese, to share SO/50 in the construction of the road, i~ one road. And that offer was extended to the new owner. We're not here to get something for nothing. We're here to work on a coordinated plan and to share equitably for the benefit of both properties, the value of the properties and Southold in particular, by eliminating two roads side by side. Now, the peninsula portion of the Gazza-Lettieri development, does need an access spur. And it needs it just like those other subdivisions, which I gave the Board copies of, needed an access spur. And we'll pay for that also. I will offer land, money or road improvements for that access spur. I am here, and I am here on behalf of Mr. Lettieri, to work with my neighbor, financially and physically to accomplish something that's best for both subdivisions. As far as the comments pertaining to the subdivision application, we have applications which are pending. Our fees have been paid; they've Southotd Town Planning 80. 5 . December 12. 1994 been pending for years. They're actual subdivision applications. We have gone into the SEaR process. We have had a Scoping Session with Chic Voorhis, who was compensated, who represents the Town. At that Scoping Session it was determined that an alternate access over the wetland area must be accomplished in order to proceed. We cannot cross that wetland area without creating impacts which were, in the opinion of the Town's environmental consultants, too severe to handle. Therefore, we cannot proceed under SEaR. We can do an impact statement, we've discussed it. We've had consultants, we've retained En-Consultants, Mr. Roy Haje, but we cannot proceed unless alternate access is provided. That's why we have not proceeded under our SEaR and submitted a DEIS. If we have an access spur, a DEIS will follow. Thank you Mr. Chairman. Mr. Ward: Is there anyone else here that would like to address this particular application? Mr. Russell: My name is Mr. Russell and we own the adjacent property to the west. We're entirely in favor of the 34 acre set up. That's all I have to say. 'Thank you. Mr. Cuddy: I would like to make just one point to the Board. We have DOT approval. Mr. Gazza and Mr. Lettieri do not have DOT approval. We have a road that we can go over; despite what he says, Mr. Gazza can't go over his road and I think that should very much be part of the record. Mr. Ward: Is there anyone else here this evening that would like to address the Cove Beach Estates subdivision? If not, I believe then that all is in order to close the hearing. Mr. McDonald: Mr. Chairman, I make a motion to close. Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. ******************** Mr. Ward. 7:35 p.m. Anna K. Plock - This major subdivision is for 5 lots on 21.79 acres, locate an existing right of way off North Bayview Rd., approximatelyj135 feet east of Reydo oad in Southold. Four of the lots are betwee~<lcres and 2.2 acres in size. The fifth is a reserved area to be convE;l~rothe Peconic Land Trust. SCTM# 1000-79-5-2 . /- I notice that the attorney for the 's here. Mr. Lark if you would just come forward for a second. The re several thin hat we would like to see put on the map. One would b t the easement for park an creation be shown on the map. There's a fewer things that we have technically that w nt to put on the map. We can rove that, subject to, and so before you go into park recreation and ,/ t _(-".za2Z<:.?~ AV .' '" ."", ,.Iv __1;l-,~,.,:f ,', ~c.>. '/~'.:.),,,,).,,.,~ ,;;".", ..... '. ,> l...{....:,~. .:Y/"l .;,i ',.~-\ "~; ~ ,'J '\ . '_~ 'j /\ ',~-_.. -:_':' : '<'<:.r:J 1: ,.) --',. ,;---., <'. \" ;,~.. "'<1"" ";0,... ,-- ,.~;:::,;~J ".J . \~...y '0-.' . . v 'Q;~cr..d;.;J' , PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Marl< S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, New Yorl< 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 17, 1994 Daniel L. Marris The Open Space Council PO Box 275 Brookhaven, NY 11719 Re: Proposed subdivision of Gazza-Lettieri parcels in East Marian Dear Mr. Marris: I regret to inform you that the Planning Board is unable to notify the Open Space Council in writing of all SEORA related actions. However, you are free to call this office an a regular basis to inquire as to the status of the environmental review of the Gazza- Lettieri subdivisions on Dam Pond. For your information, a scaping session was held on October 28, 1993. The final scoping outline for the draft DEIS is enclosed for your convenience. Since the developer has not submitted a draft environmental impact statement as of today, the Planning Board has not proceeded with the environmental review. Sincerely, ~~ Valerie Scopaz Town Planner for Richard G. Ward, Chairman enc. Scopaz Bredemeyer, ~ Session: GaU:tteri TRUSTEES John M. Bredemeyer, I1J. President Albert J. Krupski, Jr.. Vice President Henry P Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 TO, Valerie FROM: John M. RE: scoping November 19, 1993 DATE: ~ uy_ ---- Su~. ffi is , ,. SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road PO. Box 1179 Southold, New York 11971 SCTM #22-3-19. 20, 21, 22 & 31-5-1.2 The SoutholdTown Trustees are in receipt of your November 12, 1993 memo and the attached scoping outline in the above referenced matter. The outline properly addresses our environmental concerns for inclusion in the impact statement. since the Trustees are not inclined to approve any exclusive private easement over Trustee lands for this or any site, we will actively participate in the SEQRA review of the access road as it relates to our proprietary, public trust, and environmental authority. We thank you for sharing the scoping outline with us as we now await the EIS. ,,;' \1 '-'I 1~ " NOV 2 91993 .~ -. L_,..." '" . The OPEN SPACE Council p.o. Box 275, Brookhaven, NY 11719 . Mr. Rlchud WaId Soutbold To1lD. PIamli1lg BoaId. To1lD. Hell 53095 Main Rd. p, O. Box 1179 Soutbold. NY 11971 RE: proposed subdivisions of Gazza- Lettieri pareel3 in East Marion DearMr, Wam, The Open Space Co1lDCil is wI}' intms1lld in the project recently lis1ed in the Envixonmen1lll Notice B1lIletin. of October 13, 1993 Our major concern.. iDcl1lde CODSidmtion of the foJmriDg i1em3: 1. Cl1Is1er develoll.""nt plan of the pareel3 2. Pub1i: ecq1lisi1ion a1tIernatives, T01m, County am Sta1e 3. 1m3 of open space, impa.,13 tl1rildlife am vege1ation ~1y NYS eOOqemd, tIlma1enod species am specles of special concern 4. Impec13 to Tolin Trustee oVDed Dam PoDd and it! ttibUtaries associated natur8l re301lICe3 am COU1al pJOC:e35eS 5. Grovth ind1lCiDg ~ lDcl1ldlnc tl8fflC burden to NYS rou1e 25 6. ImpactI to crouMft1er quelity and quantlty Ple83e iIlcl1lde the Open Space Co1IDCilas a "party of in1emt" in the contlnuhli SBQRA process and infonn WI of meetings, beaIiDgs or publica1ion of the mquimd documenl3. ~:Ut:lfl~ r North Pork Projec13 CoOIdinator .s/.(BFil.E" f>e, MS V.s " '" ',7''';:;~-'-ff"f:'1 ;, :'.LSL""'''':i]'! , NOV I 6 1993 "...a.o.' . . "\r'~nl'(.. . 0,)"~J.. '. '. '......:0..... i$,,",<',l\,~ ~ :::, . I ~, ;....G., ~ ',: '::' ;." :0,.. ',.:,' ;. ::~/ r-r, . \;;> ,h. .,,~ ::::: .' ::'fJ{ >'I"'~,i;~ ... . ,__ f>- '-:-~'/";,:...:;(:;~;G^"~ . PLANNING BOARD MEMBERS Rlchard G. Ward. Chalnnan George Ritchie Latham. Jr. Bennett Orlowski. Jr. Mark S. McDonald Kenneth L. Edwards SC01TL.HARRIS Supervisor Town Hall. 53095 Main Road p. O. Box 1179 Scuthold. New York 11971 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTI:lOW Fax (516) 765 - 1823 November 12, 1993 Joseph F. Gazza, Applicant and Agent P.O. Box 969 Quogue, NY 11959 Re: Scoping Session for Gazza/Lettieri SCTM* 1000-22-3-19, 20, 21, 22 and 31-5-1.2 Dear Mr. Gazza: Enclosed you will find a summary outline of the scoping session that was held on October 28, 1993. Please use it as a guide when compiling the Draft Environmental Impact Statement. Copies of this outline are being sent to all the coordinating agencies that have been participating in the review of these applications. If any of these agencies want additional information to be added to the summary outline, you will be so notified. If there are any questions or objections about the outline, please call me. Sincerely, ~ . Valerie Sco a Senior Planner enc. .. . '''w:.".~"..~. . . RIchard G. Ward. Chalnnan George Ritchte Latham. Jr. Bennett Orlowsld. Jr. Mark S. McDonald Kenneth L. Edwards .. <:::)-~}j f r~ ~--' L( "; #'~:')..'~ :"::lIt \.; ..... . ; '~', ' )c: -">') ,...!'.........- "\i'- 1 .,).- SCOIT L. HARRIS Supervisor PLANNING BOARD MEMBERS Town Hall. 53095 Main Road P. O. Box 1179 Southald. New York 11971 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ['ax (516) 765 - 1823 November 12, 1993 To Coordinating Agencies: Re: Scoping Session for Gazza/Lettieri SCTM# 1000-22-3-19, 20, 21, 22 and 31-5-1.2 A joint scoping session was held in Southold Town Hall on October 28, 1993 for all five of the above-noted subdivisions. Enclosed you will find the summary outline of that session. This outline will be used by the applicant to compile a single draft Environmental Impact Statement for the five subdivisions. The Planning Board will use this outline to determine the completeness of the draft. As a coordinating agency, the Planning Board would appreciate your reviewing the enclosed document to ensure that the concerns of your agency are included. If they are not, please commit them to writing within the next few weeks, so that this summary outline can be amended as needed. If we do not hear from you, we will assume your agreement with the contents of this summary outline. Thank you for your time. %Cer~IY, v~ Senior Planner CC: Commissioner - Department of Environmental Conservation Regional Office - NYSDEC, Suny @ Stony Brook Southold Town Board of Trustees Southold Town Building Department Suffolk County Department of Health Services Suffolk County Planning Commission New York State Department of Transportation New York State Department of State enc. - ~"~,c+:..,,~.>-ti""--_~ ." . CRAMER, V~ AsOCIATES ENVIRONMENT~G CONSULTANTS . ~t.e' fJ6 ~S. vS October 28, 1993 Ms. Valerie Soopaz Planner Town of Southold Main Road Southold, New York 11971 Re: Dam Pond, Marion 5 Pen~ Subdivisions Scope of Draft EIS Dear Valerie: As per our meeting of October 28, attached, please find the final scope of the Draft EIS for this project. This outline incorporates changes discussed during the scoping meeting. This outline can be circulated to the applicant, involved agencies and parties of interest for the purpose of establili:hiY1g an understanding of the issues which the Town will be seeking to have incorporated into the document. Thank you for the opportunity to be of service to you, and please call if you have any questions. enc: scoping outline NOV I 1993 54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764 (516) 331-1455 . . DAM POND, MARION - SUBDMSIONS SEQR SCOPING OUTUNE TABLE OF CONTENTS AND SUMMARY A table of contents and a brief summary arc required for Draft BIS The summary will include: A Brief dcsaiption of the action B. l:...Hi....nl. betlef;~al and adverse impacts, (issues of controversy must be specified) C. ~it;glo,;on measures proposed D. Alternatives ronsidered E. Matters to be decided (permits, approvals, funding) L DESCRIFI10N OF THE PROPOSED ACTION A PROJECT PURPOSE, NEED AND BENEFITS 1. Background and history -- History of acquisition and past use 2. Public need for the project, and municipality objec:tM:s based on adopted community developmeDts piaDs - ,"mmarize municipal objec:tM:s from land use plan section 3. Objec:tM:s of the project sponsor 4. Benefits of the proposed action a) sociaI b) economic B. WCAllON 1. Establish geographic boundaries of the project (use of regional and local scale maps is recommended) 2. Description of ac:cess to site 3. Description of eYis';'1g zoning of proposed site C. DESIGN AND LAYOUT 1. Total site area -- describe unique features of the site which constrain use a) tidal wetlands b) freshwater wet1ands c) surface water d) shallow groundwater e) unique habitat 2. Site Coverage Qllan';';". -- prepare a table of estimated site coverage qUAntiti,..Jl. a) emmaled building coverage b) estimated driveway coverage c) ~..';m8Ied subdivision road coverage d) estimated IlIlldscaped area (fertilized/unfertilized) e) estimated natural area 3. Structures - expected structures based on market and zoning code 4. Water Supply - ability to meet Article 4 and water quality standards 5. Sanitary Disposal-- De'CCfSary fill and ability to conform to SCDHS design Page 1 . . 0lIm Poad, Marlon . SubcUvlslons SEQRA Sc:oplug Checklist requirements 6. Stonuwater Dispoul-- capacity and dcaigu requiremeut.s D. CONSTRUcnON AND OPERATION 1. Coustructiou a) total couatructiou period Anru.;pated --timiug of devcIopmcut b) schedule of couatructiou activities --particu1ar1y due to wildlife sensitive periods c) future poteutial developmeut, on site or on adjoining properties 2. Operation a) type of operation - road/recbargc dedl~ft~; open space dedication if applicable; are any future piers or waterfront structures contemplated b) schedule of operation -- if appJicable E. APPROVALS 1. Permit approvala -lilt ageuc:y, permit and status a) Town of Southald Planning Board -subdivision b) Town of Southold Trustees -- use of land; wetlands c) SC DepL of Health Services - sanitary disposal and water supply d) NYS DepL of Environmental Conservation -- tidal and freshwater wetlands; protection of waters; water supply if greater than 4S 811m e) Army Corps of P"llinCle"S - if activity below spring high water; CZM consistency review, if applicable D. ENVIRONMENTAL SE'lTING Natural Raoun:e A GEOLOGY 1. Subsurface a) composition and thickness of subsurface material -- summarize test hole information 2. Surface a) List of soil types b) diS'"',.,101l of soil characteristics c) distributioa of soil types -' project site d) suitability for use 3. Topography -- uti1ize topo map based on 1: contour intervals a) description of topography -' project site - slopes - prnmlnent or unique features B. WATER RESOURCES 1. Groundwater a) depth to groundwater b) 6elll'OnaJ Ouctuatioaa/tidaJ Ouctuations c) water table contoun and direc:tioD of now d) discusa groundwater.aurface water inter.reIAtinnohlp; discharge to surface water; tidal Ouctuations e) determine "..;otl"8 water quality beneath the site in anticipated water supply zones CRAMER, V~ JAC:OCIATES ENVIRONMENT~G CONSULTANTS Page 2 . . Dam POIId, Marloa . Subdivisions SEQRA Sc:oPIna Checklist f) ut-tlflcM;oa of present uses and Ic'ft:l of UIC of groundwater - lNVon of cwlotl"l wdIa - public/private water supply - agricultural uses 2. Surface Water a) describe Dam Pond estuary b) NYSDEC surface water ~I...;fication e) determine tidal infl...."ccs d) present water quality and ssIinity C. TERRESTRIAL AND AQUATIC ECOLOGY 1. Vegetation a) list vegt'".tatiOl1 types on the project site and within the surrounding area; classify into habitats b) cIiseussion of site vegetation characteristics - species presence and abundaoce - age - size - distribution .. tlolTlift!llftCC - community types - unique, rare and ....d."W'rcd apceics - value as habitat foc wildlife - produetiYity e) eontaet NYS Natural Heritage Program for information concerning unique vegetation, h.~t.t. or wildlife spceics d) describe habitat needs and bio1ogical ebaraetcristics of all endangered, threatened and spceics of spccial c:onecrn 2. Wdd1ife a) perform on-site ficld inspections to determine wildlife occupying the site b) c:onsuIt rcfercneca to determine species CllpCCtcd to occupy site based on habitat type e) list spceics associated with site; diffcrcntiatc bctwccn spceics observed on site and spceics present OIl site; identify "nd."rrcd. threatened and spceics of special eonecrn d) contact NYS Natural Heritage Program for information concerning unique vegetation, habitats or wildlife spceics e) describe habitat needs and bin10gial characteristics of all endangered, threatened and spceics of spccial eonecm 3. Wetlands a) describe ~ and charaetcristies b) outline NYSDEC ~ ~1.";ficatiODS and discuss importancejbenefits of each type on or adjacent to the site Human RacIluaa A. TRANSPORTATION 1. Transportation Scrvieca a) describe aeecss to the site, main road and internal road cireulation CRAMER, V~ JlA.c;OCIATES ENVIRONMENT~G CONSULTANTS Page 3 . . Dam PODeI, MarlOD . SDbcUvlsloDS SEQRA ScoPiD& CbeckJlst b) dcIcribc .m..;.. JewI of use OD MaiD Road - ferry traffic, seasonal traffic - LID. IDd p.m. peak hour traffic Oow -~mix - source of m.tt:.. traffic c) make IIllt of pedestriaa eavirODmeat IDd public transportation, if applicable - LID. IDd p.m. peak hour traffic flow - vehicle mix - source of I'!,nding trafIk B. LAND USE AND ZONING 1. R";";"g IIDd use IDd :r.oaiDa a) desaiptiOD of the ,.,.;.,;.. laud use of the project site IDd the surrounding area - make DOte of Cove Beach Estates IDd lV"P"l(oally identify opeD space areas b) desaiption of ,.,.;..;.. ZODiag of site and surrounding area 2. Laud use plans a) desaiptioa of any land use plans or master plans which iDclude project site and surrounding area - Master Plan - Draft LWRP - Southold Laud Use Task Force draft recommedatioDS - SC PIanniDg Comm;...;OD recommended acquisition parcels report - Govemers Task Force draft recommeDdatioDS C. COMMUNITY SERVICES 1. Edu~a';nn.' fal'mN:I 2. Police protectiOD 3. F'1I'e proreroOD 4. Recreational facilities 5. Utilities D. CULTURAL RESOURCES 1. VISual resoura:s a) desaiptioa of the physical character of the area b) description of Dlltural areas of oigplfi...nt architectural cIe&ign 2. Historic/Ar<-.h~ R_ - iDclude Cultural ReaourccaJl.Is......ent if completed II[ a) describe e,.;.t;.. historic areas or structures listed OD St8te or National Register or d..c;ll"at,.-d by the community, or iDcluded OD Statewide Inveatory b) determiDe if previous historic structures existed OD project site through review of historic maps avai1able at libraries c) contact NYS Office of Parks, Recreation and Historic Preservation, Historic Preservatioa F'JCld Services Bureau for iDformation pertaiDiDg to history and prehistory of the site IU. SIGNIFICANT ENVIRONMENTAL IMPACTS Review each aspect of the enviroamentaI settiDg iD Section IV IDd provide a qualitative Page 4 . . Dam Poacl, Mluioa . Subdivisions SEQRA Seoplq Checldlst (I;'l("USsiou of impacts with qo'antifl~Altion of ""pacts when: pouibIe. Impacts that arc DOt T;fl~nt need ou1y be d;'_"'_<1 to the poUlt when: this ia cIemoulntcd. ~l~nt impacts should be discussed in detail appropriate for the scope of the impact. The following key woes are DOted: . Sediment c:oatroIaDd erOIioa protectioa "letboda should be described to m;n;mi7e siJtatiou of wetlands and habitat areas and mlnlml7" erOIioa of proposed fill areas. Excavation for basements aDd aanitary systems should be discussed as related to soil quantities and erosion protection. Soi1s/Topographic EIevation/Depth to groundwater as related to functioning of aanitary systems. Quantity and location of fiIlllC'-'.ry to create properly f..~nlng aanitary systems. N"ltrogen conceutratiou in redwge aDd euvironmeuta1/r.oological impact on Dam Pond via groUDdwater underflow. A nitrogen budget abou1d be performed, and discussion of direction of flow and .,.rl>acl<s abou1d be d1'-'"ed as re1ated to these impacts. Discuss project in view of Article 6 and SCDHS design criteria. Discuss Board of Review process, if appll..AhIe for aanitary syBtema. Water quality beneath site aDd suitabi1ity for water supply wells. Impact of groundwater withdrawal from supply weDs on "ncting hydrology. Impact of the project on surface water by overland runoff from roads and fertilized areas. Impact on Tifl~ant habitats and specific species associated with these habitats. Fragmentation of T;fl~nt habitat particu1ar1y in view of Dam Pond and associated wetlands. ennc;deratiou abou1d be given to the peninsula area, and alignment of habitat/open space areas with the lIdjac:ellt Cove Bcac:h Estates open space areas. Impact on abi1ity of NYSDEC d..c;g,.ated wctIands to eoutinue to provide benefits identifled in Section n. Conformance of project to land use plans and plann;ng efforts/open space preservation strategies of the Town of Southold Vehicle trip generation and abi1ity of roads to ac:commodate traffic. Impact of the project on euItural resources including visual, and historic/archaeological resources which may be identified as a result of Section n. . . . . . . . . . . . . . . IV. MI11GATlON MEASURES TO MINIMIZE ENVIRONMENTAL IMPACT Desaibe measures to reduce or awid pnt...nti.1 adverse impacts identified in Section m. The following is a brief 1isting of typical measures used for some of the lIll\ior areas of impact. Natural Raounle A GEOLOGY 1. Subsurface a) use excavated material on site b) reuse topsoil for landscaped areas 2. Surface a) use to)l6Oi1Itockpiled during wnstructiou for restoration and landscaping b) m;n;ml"" disturbanc:e of nou-c:onstructiou sites - proposed buffer areas and c:ousenatioa easements c) design and implement soil erosion control plan 3. Topography a) awid coustructiou on areas or steep slope b) design adequate soil erosion devices to protect areas of steep slope CRAMER, V~ Ac;OCIATES ENVIRONMENT~G CONSULTANTS Page 5 . . Dam Poad, MuIoa . SubdlvlslollB SEQRA Seoplq Cbecldlst B. WATER RESOURCES 1. Grouudwater a) cuaure adequate saaitary design b) mA;nt.ln pcnncabJc areas on the site 2. Surface water a) ~ .use.of soU erosion control tcc:huiqucs during construction and operation to avoid I!:,ltllf'ion examples: - bay balcs - temporary restoration of vegetation to disturbed areas - tandscapiDg b) design adequate stormwater coutrol system C. TERRESTRIAL AND AQUATIC ECOLOGY 1. Vegetation a) restrict clearing to only those areas 11I'-..'1 b) preserve part of site as a uatura1 area c) after construction, I...dscapc site with uaturally occurriug vegetation d) time coustruction actMtica to avoid wildlife impacts Human ResOural A TRANSPORTATION 1. Transportation -- design adequate and safe access to project site to band1c projected traffic flow B. LAND USE AND ZONING 1. P.,.;",.;"g land use and ZIlIIiDg a) design project to comply with c..ndi"llland use plans b) design functional and visually appcaIiDg faciIi1y to set standard and precedent for future surrounding land use C. COMMUNITY SERVICES 1. PoIiccjF'ue protection - cuaure p.ffi(oieN access to residences on the site 2. Utilities a) install utility services underground b) incorporate water saviDa fixtures into faciIi1y design D. CULTURAL RESOURCES 1. VISual resources a) provide bufferiDg to improve .~,thctics b) mln;m;7A road surface area and ..,.l/u-"nt land disturbance 2. Historicl Ar""."nIogi~aJ - to be determined based on Section n. V. ADVERSE ENVIRONMENTAL EFFECl'S THAT CANNOT BE AVOIDED IF THE PROJECT IS IMPLEMENTED Identify thosc adverse environmental effects is Section IV that can be expected to occur regardless of the mltiption measures consicIcred in Section IV. CRAMER, V~ AC:;OCIATES ENVIRONMENT~G CONSULTANTS Page 6 . . Dam Poacl, MarIoa . Subdivisions SEQRA Scoplq Cbeddlst VI. ALTERNATIVES This scc:tiou <nnt.in. categories of a1tc:ruatives with CXlIDlplcs. o;.......;()ft of each alternative should be at a Ievcl."~ to permit a c:omparatiw ..,--cat of costs, ....nC'''tt aud euviroumeDtal risks for each aItcmative. It is DOt acccptabIe to make simple USCltioIII that a particular aItcmative is or is DOt feasible. C~ tketch pIaJIIlhouId accompany aItcmative dcaigu piatII to provide a basis for comparisou aud aualysis. A ALTERNATIVE DESIGN 1. Site layout a) locatiou of ItructurCl b) 1ocatiou of _ routCl - avoid crOlSing of Trustees laud 2. OusteriDg a) propoIC a cluster plan which avoidt ICUSitM: areaa of the site as ideutified iu Section IT (i.e. sbaIIow groundwater, wetIaudt areaa aud iuter~nnnC'-rtion corridors) 3. Transfer of De-vdopmcat RigbtI a) determiue other poteutially suitable lauds to receive devclopmeut rigbtI from all or a portion of the IUbdivisions with the iuteut of minimi7'i~g impact upon scDSitivc areas 4. Acquisition a) discuss feastbility of acquisition of all or the mOlt sensitive portions of the overall project site iu order to minim;7e impact upon sensitive areaa B. NO AGnON 1. ImP8ctl of no action a) effect on public need b) effect on private devclopen' need c) benelicla1 or adverse environmental impacts VII. IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF RESOURCES Identify those natural aud humau rClOurCClIisted iu Section ill that wiD be consumed, converted or made unavai1able for future use. VIIL GROWfB INDUCING IMPACTS Indicate if project wiD csuse additional growth iu the area which would DOt otherwise occur. Consider access, utilities aud precedent. IX. APPENDICES Following is a list of materials typicslly used iu support of the E1S. A list of underlying studies, reportl aud iuformation considered and relied on iu prepariug Ilatemcat B. T"",),~I emibitt (if any) at a legible seale C. Relevant correspnndeq(C regarcilDg the projects may be iucluded CRAMER, V~ JA\C;OCIATES ENVIRONMENT~G CONSULTANTS Page 7 --- ~ . . ju,\~" Ph is f'I6 MORTH FORK EMVIROM...EMTAL COUMCIL Route 25 at Loye Lane, PO Box 799. Mattituck. NY 11952 516-298-8880 October 28, 1993 Mr. Richard Ward, Chair Southold Planning 80ard Southold Town Hall Main Road Southold, New York 11971 RE: Scoping - Gazza Subdivision application Dear Mr. Ward, I am writing to you, on behalf of the North Fork Environmental Council, to discuss the issues that should be addressed in the Draft Environmental Impact Statement for the Gazza application which includes creating 12 lots 00 Dam Pond. The NFEC is particularly concerned about this subdivision because of its location immediately adjacent to Dam Pond which is an extr~nely sensitive tidal wetland. The sensitivity of this area has been recognized in that it was designated a Significant Coastal Fish & Wildlife Habitat by the Department of State, and a Critical Environmental Area, by the Suffolk County Legislature. It is important for the DE!S to focus extensively on the impacts that the subdivision will cause to the proposed site's natural resource values. I have attached an outline of additional issues that should be discussed in the document. Thank you for including them on your scoping check list for this project. Sincerely, .-"~. - ..' .'_.~'~' ?~. " ;/ U\.! f~ '._;~,--...._-,""" " i: j ~ ~ ; I Attachment 2S,,3Ji( ) ,--' I . ,'. l.--~.___----l I SdUTli':.:tD TC/:;'4 ~ PL:'::~i~'1G 8Gf!fW , a non-profit organization for the preservation of land. sea, air and quality of life printed on 100% recycled paper / ~. . . Scoping list - Gazza Subdivision Page ACCESS The fact that the site lacks access must be fully discussed in the DEIS. The DE!S should identify an access clan, both for the subdivision and for each i~dividual lot, and the impacts associated with tne access clan should be d~scussed. Will the access route affect wetlands, have a visual ~~pact, O~ c~sturb wildlife utilizing Dam Pond? will the access clan lnterfere with fish~ng or shel1fishing opDortunities in the Pond? Mitigation measures, buffers, and setbacks to prevent i~pacts from occurring should be described. CONSTRUCTiON The effects of construction (siltation/erosion) on the wetlands on-site. and in Dam Pond should be fully discussed. The DEiS shou1d disCLlSS future or ~otential deve1o~ment on the adjoin~r.g parcel. Cumulative impacts, on the Dam Pond ecosystem, with that aevelooment should be discussed. Describe all measures to mitigate impacts, including erosion control, setbacks and the delineation of building envelopes. APPPOVAlS The applicant should demonstrate how the project ~~'1 comply with all existing local, county and state laws, includins but not limited to, Suffolk County Health Codes. All additional permitting agencies including but not limited to Army Corps, DEC, Trustees, and Department of state, should be identified, and compliance with their regu1ations discussed. lAND USE PLANS The DE!S shou1d discuss this project's conformance with the Master Plan. It should also discuss any US/UK recommendations for changes to the Master Plan that affect this site, or the resources round or. the site, including but r.ot limited to wildlife habitat, visual character, open space protection, and the fact that development of the site may adversely imDact the Peconic ~stuary. Recc~mendations i~ Southo1d's Local Waterfront Revitalization Plan should also be discussed. Demonstrate compliance. . . Scoping list - Gazza Subdivision Page 2 TRANSPORTATION Discuss condit~on of roacs and current level of use, discuss proposed increase i~ use on Route 25, include cumulative increases from this project, and the adjacent proposed subdivision. GROUND AND SURFACE WATER RESOURCES The aquifers and on-site recharge, depth to water, quality and flow of groundwater on the site should be discussed. Water usage should be estimated. Source of drinking water (pUblic/private wel1s) snou:d ~8 lcentified. Describe on-site drainage patterns and discuss run-of' containment. Dam Pend, Orient Harbor and their relationship to the ?econic Estuary should be thoroughly discussed. The National Estuary Program anc the objectives of t~e Program for the Peconic Estuary shculd be described. The Brown Tide Study and its recommendations should also be discussed and compliance demonstrated. TERRESTRIAL AND WILDLIFE List and descr'be all types of vegetation on-site, include discussion of community types and their value as habitat. List ail species of wildlife that may utilize the site~ include indigenous and migratory species. Include the results of an on- site field inventory. Identify any rare, endangered or threatened species that may use this site. Discuss their habitat needs. Discuss :ong and short-ter~ impacts to the wildlife. WETLANDS Descr'be wetlands on-site and their association to Orient Harbor and the Peconic Estuary. Describe wetland values. Discuss the objectives of the Tidal Wetlands regulations and describe compliance. ~~sc~ss the known iMpacts of fertilization and run-off on wet~ands. Describe measures that will be taken to prevent those impacts from occurring here. . . Scoping list - Gazza Subdivision Page 3 FISH AND SHELLFISH Discuss fishing and shellfishing opportunities available in Dam Pond and Orient Harbor. Discuss the impact of nitrogen loading on shellfish beds. Discuss economic implications of shellfish bed closures in Southold. OPEN SPACE Discuss the objectives of the open space programs and policies of the Town, the county and the state in regard to coastal areas. Describe how this project w~11 meet those objectives. FLOOD PLAIN AND COASTAL EROSION Identify and map any areas within the Flood Plain on the project site. Discuss FEMA regulations. NYS Coastal Erosion Management regulations should be discussed and compliance demonstrated. ALTERNATIVES 1. Reduce size of lots to one acre and cluster away from wetlands. 2. Public acquisition. Identify possible sources of funding including County Open Space Program, Town Open Space Program and state Environmental Assistance Funds. 3. No act i on. , . . ,~ ~ " i4}3<t-/~~~' .. ~~ .~ ".tt; 1'f''1~ '1:,3D 1n IO:'tS" GC.otWI. ,~~~/ &C )0oRlh5 /' ;f/eASsA ~I~ ; Ha.t:tfto..... j~ Kay L ffa.\ e- :Jb~\... F, '311~"UI , ..~~~ IJflC- . . l/~bed.1;. !/:&rrn-tAJt-I'VV!. E: ^ - tb.wk-/hwis J (J/I./Q , ~'/~ cv,t w/UsUt-TJW7- ro 1;,.,... .r( ~ tf Tow-..- { 5 nvt- 'MiL -C'" -G"5,-<(1c:"t~, (t,L. 5T P13, ____ P"".. a_... / I'Y,/.!'''''''' _n~ ..__u _ .','" " " . . . DAM POND, MARION - SUBDIVISIONS SEQR SCOPING OUTLINE TABLE OF CONTENTS AND SUMMARY A table of contents and a brief summary are required for Draft EIS The summary will include: A Brief description of the action B. Significant, beneficial and adverse impacts, (issues of controversy must be specified) C. Mitigation measures proposed D. Alternatives considered E. Mallers to be decided (permits, approvals, funding) I. DESCRIPTION OF THE PROPOSED ACTION A. PROJECT PURPOSE, NEED AND BENEFITS 1. Background and history - History of acquisition and past use 2. Public need for the project, and municipality objectives based on adopted community developments plans - summarize municipal objectives from land use plan section 3. Objectives of the projeel sponsor 4. Benefits of the proposed action a) social b) economic B. LOCATION 1. Establish geographic boundaries of the project (use of regional and local scale maps is recommended) 2. Description of access to site 3. Description of existing zoning of proposed site C. DESIGN AND LAYOUT 1. Total site area -- descnbe unique features of the site which constrain use a) tidal wetlands b) freshwater wetlands c) surface water d) shallow groundwater e) unique habitat 2. Site Coverage Quantities - prepare a table of estimated site coverage quantities a) estimated building coverage b) estimated driveway coverage c) estimated subdivision road coverage d) estimated landscaped area (fertilized/unfertilized) e) estimated natural area 3. Struelures -- expected struelures based on market and zoning code CRAMER, v~1 AOCIATES ENVIRONMENT~ '!~ '~G CONSULTANTS Pagel E - ..,. . . Dam Poad, Marloa - Subdi\'lslons SEQRA ScopIng Checklist 4. Water Supply - ability to meet Article 4 and water quality standards S. Sanitary Disposal- necessary fill and ability to conform to SCDHS design requirements 6. Stormwater Disposal -- capacity and design requirements D. CONSTRUCTION AND OPERATION 1. Construction a) total construction period anticipated --timing of development b) schedule of construction activities -partieuIarly due to wildlife SCDsitivc periods e) future potential development, on site or on adjoining properties 2. Operation a) type of operation - road/recharge dedication; open space dedication if applicable; are any future piers or waterfront structures contemplated b) schedule of operation - if applicable E. APPROVALS 1. Permit approvals - list agency, permit and status a) Town of Southold Planning Board -subdivision b) Town of Southold Trustees - use of land; wetlands e) SC Dept. nf Health Services - sanitary disposal and water supply d) NYS DepL of Environmental Conservation -- tidal and freshwater wetlands; protection of waters; water supply if greater than 45 gpm e) Army Corps of Rng;np.crs - if activity below spring high water; CZM consistency review, if applicable II. ENVIRONMENTAL SE1TING Natural Resource A. GEOLOGY 1. Subsurface a) composition and thickness of subsurface material -- summarize fat hole information 2. Surface a) List of soil types b) discussion of soil characteristics e) distribution of soil types at project site d) suitabiIity for use 3. Topography a) description of topography at project site - slopes - prominent or unique features B. WATER RESOURCES 1. Groundwater a) depth to groundwater b) seasonal fluctuations/tidal fluctuations e) water table contours and direction of flow d) discuss groundwater-surface water inter-relationship; discharge to surface water; tidal fluctuations .~~A'IIi CRAMER, VOO'RHI 8@. SOCIA TES ENVIRONMENT~\~ ~~~G CONSULTANTS Page 2 Ii e ...~ . , . . Dam Pond, Marloa . Subdivisions SEQRA ScIping Checldlst e) determine ~,nd;ng water quality beneath the site in anticipated water supply zones f) identification of present uses and level of use of groundwater - location of existing wells - public/private water supply - agricultural uses 2. Surface Water a) describe Dam Pond estuary b) NYSDEC water supply classification c) determine tidal influences d) present water quality and salinity C. TERRESTRIAL AND AQUATIC ECOWGY L v 2. 3. Vegetation a) list vegetation types on the project site and within the surroundiag area; classify into habitats b) discussion of site vegetation characteristics - species presence and abundance - age - size - distribution - dominance - community types - unique, rare and endangered species - value as habitat for wildlife - productivity c) contact NYS Natural Heritage Program for information concerning unique vegetation, habitats or wildlife species d) describe habitat needs and biological characteristics of all endangered, threatened and species of special concern / Wildlife a) perform on-site field inspections to determine wildlife occupying the site b) consult references to determine species expected to occupy site based on habitat type c) list species associated with site; differentiate between species observed on site and species present on site; identify endangered, threatened and species of special concern d) contact NYS Natural Heritage Program for information concerning unique vegetation, habitats or wildlife species e) describe habitat needs and biological characteristics of all endangered, threatened and species of special concern Wetlands a) describe wetlands and characteristics b) outline NYSDEC wetlands classifications and discuss importance/benefits of each type on or adjacent to the site Human Resoun:es A TRANSPORTATION ~\ flfl~ CRAMER, V00RHI~~fA~SOCIA TES ENVIRONMENT~rl-t~G CONSULTANTS ~ ~ Page 3 '" -- . . Dam Pond, Marion - Snhdivlslons SEQRA Seoplng Checldlst 1. Transportation Services a) describe access to the site, maio road and internal road circulatioa b) desaibe existing level of use on Maio Road.. ferry traffic, sea.cnn.1traffic . a.m. and p.m. peak hour traffic flow . vehicle mix - source of e,nst;ng traffic c) make nol of pedestrian environment and public transportation, if applicable - a.m. and p.m. peak hour traffic flow . vehicle mix - source of exist;ng traffic B. lAND USE AND ZONING 1. Existing land use and zoning a) description of the existing land use of the project site and the surrounding area - make note of Cove Beach Estates and graphically identify open space areas b) description of existing zoning of site and surrounding area 2. Land use plans a) description of any land use plans or master plans which include project site and surrounding area - Master Plan Draft LWRP C. COMMUNITY SERVICES 1. Educational facilities 2. Police protection 3. Fire protection 4. Recreational facilities 5. Utilities D. DEMOGRAPHY E. CULTURAL RESOURCES 1. VISual resources a) description of the physical character of the area b) description of natural areas of significant architectural design 2. Historicl Archaeological Resources a) describe e..;st;ng historic areas or structures listed on Stale or National Register or designated by the community, or included on Statewide Inventory b) determine if previous historic structures existed on project site through review of historic maps avaiIable at hbraries c) contact NYS Office ofParJes, Recreation and Historic Preservatioa, Historic Preservation Field Services Bureau for information pertaioing to history and prehistory of the site III. SIGNIFICANT ENVIRONMENTAL IMPACTS Review each aspect of the environmental setting in Section IV and provide a qualitative discussion of impacts with quantification of impacts where possible. Impacts that are not significant I'~~ I//I~ CRAMER, VO . RHI , &'~:SSOCIA TES ENVIRONMENT~: f&miiING CONSULTANTS . ~/r-"l\~ Page 4 ~ ,. '" . . Dam Pond, Marion - Subdivisions SEQRA Scoplng Checklist need ouly be discussed to the point where this is demonstrated. Significant impacts should be dis.,..'~ in detail appropriate for the scope of the impact. The following key issues arc noted: . Sediment control and erosion proteetion methods should be described to minim;"" siltation of wetlands and habitat areas and m;n;mi7" erosion of proposed fill areas. &cavation for basements and sanitary systems should be discussed as related to soil quantities and erosion proteetion. Soils/Topographic Elevation/Depth to groundwater as related to functioning of sanitary systems. Quantity and location of fill necessary to create properly functioning sanitary systems. N"llrogen concentration in recharge and environmenta1/ecological impact on Dam Pond via groundwater underflow. A nitrogen budget should be performed, and discussion of direetion of flow and setbacks should be discussed as related to these impacts. Discuss project in view of Article 6 and SCDHS design criteria. Discuss Board of Review process, if applicable for sanitary systems. Water quality beneath site and suitability for water supply wells. Impact of groundwater withdrawal from supply wells on existing hydrology. Impact of the project on surface water by overland runoff from roads and fertilized areas. Impact on significant habitats and specific species associated with these habitats. Fragmentation of significant habitat particu1arly in view of Dam Pond and associated wetlands. Consideration should be given to the peninsula area, and alignment of habitat/ open space areas with the adjacent Cove Beach Estates open space areas. Impact on ability of NYSDEC designated wetlands to continue to provide benefits identified in Seetion II. Conformance of project to land use plans and planning efforts/open space preservation strategies of the Town of Southold. Vehicle trip generation and ability of roads to accommodate traffic. Impact of the project on cultural resources including visual, and historic/archaeological resources which may be identified as a result of Seetion II. . . . . . . . . . . . . . . IV. MmGATlON MEASURES TO MINIMIZE ENVIRONMENTAL IMPACf Describe measures to reduce or avoid potential adverse impacts identified in Section m. The following is a brief listing of typical measures used for some of the major areas of impact. Natural Resource A. GEOLOGY 1. Subsurface a) use excavated material on site b) reuse topsoil for landscaped areas 2. Surface a) use topsoil stockpiled during construction for restoration and landscaping b) min;m;7e disturbance of non-construction sites - proposed buffer areas c) design and implement soil erosion control plan 3. Topography a) avoid construction on areas or steep slope b) design adequate soil erosion devices to protect areas of steep slope B. WATER RESOURCES ~\ /I!/~ CRAMER, VOORHIS MSOCIA TES ENV'RONMENT~Nf)~tr~G CONSULTANTS ;. Page 5 " . . Dam Pond, Marl.. . Subdivisions SEQRA SaIpIng Checldlst 1. Groundwater a) ensure adequate S8IIitary design b) maintain permeable areas 011 tbe site 2. Surface water a) ensure use of soil erosion control techniques during COnstructiOll and operation to avoid siltation examples: - hay bales - temporary restoration of vegetation to disturbed areas - landscaping b) design adequate stormwater control system :\((}.~ C. e,i TERRESTRIAL AND AQUATIC ECOLOGY 1. Vegetation a) restrict clearing to only tbose areas necessary b) preserve part of site as a natural area c) after construction, landscape site witb naturally occurring vegetation d) time construction activities to avoid wildlife impacts Human Resources A TRANSPORTATION L Transportation -- design adequate and safe access to project site to handle projected traffic flow B. LAND USE AND ZONING 1. Existing land use and zoning a) design project to comply witb exil'ting land use plans b) design functional and visually appealing facility to set standard and precedent for future surrounding land use C. COMMUNITY SERVICES 1. Police/F"rre protection -- ensure efficient access to residences on tbe site 2. Utilities a) install utility services underground b) incorporate water saving fixtures into facility design D. CULTURAL RESOURCES 1. VISual resources a) provide buffering to improve aestbetics b) minimize road surface area and significant land disturbance 2. Historic/Archaeological -- to be determined based on Section II. V. ADVERSE ENVIRONMENTAL EFFEcrs THAT CANNOT BE AVOIDED IF THE PROJECT 18 IMPLEMENTED Identify tbose adverse environmental effects is Section IV tbat can be expected to occur regardless of tbe mitigation measures conSIdered in Section IV. VI. ALTERNATIVES Tbis section contains categories of alternatives witb eJCan1ples. Discussion of each alternative 1/t;:J\'\ (t,'~ CRAMER, V09HH~$,. ~~SSOCIA TES ENVIRONMENT~~l~G CONSULTANTS Page 6 ~ # = -~ . ., . . Dam Pond, Marlon - Subdivisions SEQRA Sroplng Checklist should be at a level sufficient to permit a comparative ~sse..ment of costs, benefits and environmental risks for each alternative. It is not acceptable to make simple assertions that a particular alternative is or is not feasible. Conceptual sketch plans should accompany alternative design plans to provide a basis for comparison and analysis. A ALTERNATIVE DESIGN 1. Site layout a) location of structures b) location of access routes 2. Clustering a) propose a cluster plan which avoids sensitive areas of !be site as identified in Section n (Le. shallow groundwater, wetlands areas and interconnection corridors 3. Transfer of Development Rights a) determine other potentially suitable lands to receive development rights from all or a portion of the subdivisions witb the intent of minirni'7ing impact upon sensitive areas 4. Acquisition a) discuss feasibility of acquisition of all or !be most sensitive portions of the overall project site in order to minirni7p' impact upon sensitive areas B. NO ACTION 1. Impacts of no action a) effect on public need b) effect on private developers' need c) beneficial or adverse environmental impacts VII. IRREVERSIBLE AND IRRETRIEvABLE COMMITMENT OF RESOURCES Identify those natural and human resources listed in Section ill that will be consumed, converted or made unavailable for future use. VIII. GROWl'll INDUCING IMPACfS Indicate if project will cause additional growtb in the area which would not otherwise occur. Consider access, utilities and precedent. IX. APPENDICES Following is a list of materials typically used in SUpport of the EIS. A List of underlying studies, reports and information considered and relied on in preparing statement B. Technical exhibits (if any) at a legible scale C. Relevant correspondence regarding the projects may be included /~~ ///!~ CRAMER, VOO~~~\SOCIATES ENVIRONMENT~"i~j,t~G CONSULTANTS Page 7 ; = - . . . RIchard G. Ward. Chalnnan George Ritchie Latham. Jr. Bennett Orlowsld. Jr. Mark S. McDonald Kenneth L. Edwards ':p ,~ c *.",..., ""')' .,!, '1 SCOT!' L. HARRIS Supervisor PLANNING BOARD MEMBERS Town Hall. 53095 Main Road p. O. Box 1179 Southold. New York 11971 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTIIOLD Fax (516) 765 - 1823 October 6, 1993 The Southold Town Planning Board will hold a scoping session on the Gazza/Lettieri subdivision, on Thursday, October 28, 1993 at 9:30 a.m. in the Supervisor's conference room at Southold Town Hall, Main Rd., Southold. Richard G. Ward Chairman .- SCOTf L. HARRIS Supervisor Town 11;,11, 53095 Ma~ Holl!' P. O.lJox 117~ ZOl Southold. New York oIO~7!5 'g. ~-.:;:<-.= Fax (516) 76$.,;.j 8,?:f1 c:: ,~ ., oi~;r~J~t.t? .........,..,['"t-- t: ;;~~ " ~Ln VI n" 0 . Q !.1.)> ~"l;::if. a.. r~L.! eP\J c.O ..... !I.!~~ ,....Z..... Q l!:t.:: ~ ..~} a:: 1.1..0 X~~ Q:nt: o~ -.I LA. D.o( III ~ III d o ~~ 0;: ') ., \ ... .~~ ~ in ~ . . PLANNING BOARD MEMBERS ~~~fFOL.t2 ~ Q~,\ ~~ ~'.' ::, :;..c:. ~\ ~ ~~ .\ ~ SS ~~~tj. ( H1chard G. Ward. Chainnan George RJtchte L.."\tham. Jr. Bennett Orlowski. Jr. Mark S. McDonald Kenneth L.. Edwards PLANNING BOARD OFFICE TOWN OF SOUTH OLD Telephone (516) 765~1938 October 1, 1993 Joseph F. Gazza P.O. Box 969 3 Ogden Lane Quogue, NY 11959 c.he.c-l<' ifldrawU ,i___---. ;::Ce,',; ,~._........I ,";.'_J .. -.j -~......_..-.,- ,-',. -,;, ---,,,.>_.-.~.-,.-.._- Re: scoping Session for Gazza/Lettieri SCTM# 1000-22-3-19, 20, 21, 22 and 31-5-1.2 Dear Mr. Gazza: Pursuant to our conversation, a scoping session has been se~ for Thursday, October 28, 1~93 at 9:30 a.m. for the above mentioned subdivision. Please notify your environmental consultant of this date. The scoping session will be held the Supervisor'S conference room at Southold Town Hall. A copy of the positive Declaration was sent to you under separate cover. The fee for the session will be $350.00, must be paid one week prior to this meeting. 5 LI BFjU::. and ~ If this is not convenient, please notify us immediately and the{) session will be re-scheduled. If you have any questions, please contact the planning Board , office at 765-1938. Sincerely, R tL.~ C:1- ItliuL-/t/~ Richard G. ~ard Chairman cc: Commissioner - Department of Environmental Conservation Regional Office - NYSDEC, Suny @ Stony Brook Southold Town Board of Trustees Southold Town Building Department Suffolk County Department of Health Services Suffolk County Planning commission New York State Department of Transportation New York State Department of State ,- ~ ~ ':t" \- " ~l - h ()- " . ~ M ~ * . . RIchard G. Ward. Chalnnan George RJlch1e Latham. Jr. Bennett Orlowski. Jr. Mark S. McDonald Kenneth L. Edwards ::~(f... - _ ..;','llll-_." ,'') ~_~v,; . ~.>(.?r-; ,'~~J(' . t)" ,:.~ .3,": :,-':,- ~~. :3 \ ',' ~ . <)..~..)~? jJ SC01TL.HARRlS Su peIV1sor PLANNING BOARD MEMBERS Town Hall. 53095 Main Road P. O. Box 1179 Southold. New York 11971 Telephone (516) 765.1938 October 1, 1993 PLANNING BOARD OFFICE TOWN OF SOUTH OLD Fax (516) 765 - 1823 Joseph F. Gazza P.O. Box 969 3 Ogden Lane Quoque, NY 11959 Re: Scoping Session for Gazza/Lettieri SCTM# 1000-22-3-19, 20, 21, 22 and 31-5-1.2 Dear Mr. Gazza: Pursuant to our conversation, a scoping session has been set for Thursday, October 28, 1993 at 9:30 a.m. for the above mentioned subdivision. Please notify your environmental consultant of this date. The scoping session will be held in the Supervisor's conference room at Southold Town Hall. A copy of the Positive Declaration was sent to you under separate cover. The fee for the session will be $350.00, and must be paid one week prior to this meeting. If this is not convenient, please notify us immediately and the session will be re-scheduled. If you have any questions, please contact the Planning Board office at 765-1938. Sincerely, I?~ 7- ~/~ Richard G. Ward Chairman cc: Commissioner - Department of Environmental Conservation Regional Office - NYSDEC, Suny @ Stony Brook Southold Town Board of Trustees Southold Town Building Department Suffolk County Department of Health Services Suffolk County Planning Commission New York State Department of Transportation New York State Department of State . " ,~-....-- ~ -~, . . RJchard G. Ward. Chalnn..'l.n George RJtchie Latham. Jr. Bennett Orlowsld. Jr. Mark S. McDonald Kenneth L. Edwards , , ~ r;. f.. (i 1'-, :" .. d,JI"J';ln ,~S-;;,v ..~i.t.~ .~?~ ~ -~j~~:::~~!.--, - ~ .~ ~) >,<,:,;- E5 :> ~. .y.-" ...~. .~--)- .~~J)I . .) . /" :f ,~- SCOTIL.HARRlS Supervisor PLANNING BOARD MEMBERS ;'>;':""<7:;---::;':::-D'--;'- Town Hall. 53095 Matn Road P. O. Box 1179 So1.1thold, New York 11971 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765 - 1823 To: All Involved Agencies From: Southold Town Planning Board 6 Re: Scoping session for Gazza/Lettieri SCTM~ 1000-22-3-19, 20, 21, 22 and 31-5-1.2 Date: October 1, 1993 A scoping session has been set for Thursday, October 28, 1993 at-9:30 a.m. for the above mentioned subdivision. The scoping session will be held in the Supervisor's conference room at Southold Town Hall. A copy of the Positive Declaration is enclosed. If you are unable to attend the scoping session, please send any comments you may have as to items you wish addressed in the Draft Environmental Impact Statement, to the Planning Board office. The Board's fax number is 765-1823. cc: Commissioner - Department of Environmental Conservation Regional Office - NYSDEC, Suny @ Stony Brook Southold Town Board of Trustees Southold Town Building Department Suffolk County Department of Health Services Suffolk County Planning Commission New York State Department of Transportation New York State Department of State _.'.:..;c:;$.......:.. . . -.5uBJ="ILt f6 f-{S v5 JOSEPH FREDERICK GAZZA ATIORNEY AT LAW P.O. Box 969 5 OGDEN LANE QUOGUE. NEW YORK 11959 (516)653-5766 (DAY AND EVENING) Sov'T'j""d. 7bVJ.J fl.tw,.J,,,,,'j ~f-. '3~ '='~ '3.7 IU Pf'O("....J tv' INQ(l.. ~ t>l"IJ"I~J' ...... ~A-tt^ rl,)~ ~A-L:1i f\'\I'\I'-; "tV (5') J...."" -#' 1000 _ '2.-'2. - ~ - I ~ 2.0 '1.1 l.'l- 4" "?/ -- I I , I I ... -J - - .. 2. 0.,...,. N'Yf- . Ch41~1""'At-J """",J I :r: ~ vI.. J-,\1 ..., N.6.,..J- 0"" tl.~ J'ab (l.I\ ~+t.-t""'''''''<r7~~ .p,.... (;,- I' fP""l oS "J" p"..,J -10 +-""- '10 _ ao.....J ,........,....... O,.c.-t.../u,,.J .j'J-.. A'"'",.- je ~r'''''''t-c J ..,..//:,6.IVI..:O..J..... .../I.w 11- f-f'r.,J1 '- /.....it'I,...IJ 7f'-....~r ,i tt-- -t.> f"r J"""" 1''' f//..I</""""" "'^ f\A-J To +"-' d,,,,,,I..,-.-"""- ""'- f-/'of"'....!. :r """r~ 1""1 r: 11.+ ~ f' vrJ or< ""'+'<1../ 14 ~l'ft,..lJ'r &,0 ~ ac,...r~ ",.;l ,...,...-l -to -/'1- d,v., :I ~ I"< 1v-<d;J, PC(J,./'"4:. ~\ ,-.A.......Ir JI",II I'.,..,...Jr . J. I P 10(,,<- rro,j" <:<"" 1 "" ;.l f~.J +h .... "J.'1l /Y-<. A v,4:lA "-4 F....."""J/ e.r",.J-v>II.., J.... fo/<-.,_,V-< 0-< '~.J. ? -10 (",,<.,1+-->- '\ .. Of"-J "1........ ....,..... ~ r-:.~ J-J..... ,,~J. ,....:\ \!..~\fKD '\;J f-\~~ ',,' I', ,."~_..>>, ",,~~..>:......,.,~,.~.;_,___-1 III . , ' II "\ ~,., IUU:: SEP 91993\~ '. I L-_~_~.~=--~.-.~---1 SJiiT;.;';LO ;0\1,'\\ ~ n.,,,.,^PJ"" .-~.I)"..<','.\\\j C,',..l'oj;u _.",~._.........~..."""'-~----~ . . . ~()b~ . ""C., 112> WG ,51993 MORTH FORK EMVIROM~EMTAL COUMCIL Route 25 at Love Lane. PO Box 799. Mattltuck, NY 11952 516-298-8880 August 4, 1993 Richard G. Ward, Chairman Southold Town Planning Board Southold Town Hall Southold, NY 11971 re: Gazza, Lettieri Property Dam Pond, East Marion Dear Chairman Ward and Planning Board members, I am writing to express our concern regarding the action taken at the July 12, 1993 Planning Board meeting regarding the above mentioned project. As you will recall, rather than issue a positive Declaration at that time, the Board instead permitted Mr. Gazza additional time to attempt to mitigate the environmental concerns outlined in the review of the Long Environmental Assessment Form (LEAF). In particular, the issue of access (or lack thereof) to the property would be addressed by Mr. Gazza. We are extremely dismayed by this action. A conditioned negative declaration, which is what your action of July 12 could lead to, cannot be used in this case. This is a Type I Action in a Critical Environmental Area, containing wetlands. It is the function of the Environmental Impact Statement (EIS) to further determine the significant impacts of this project, and at that time the applicant may attempt to mitigate those impacts. To allow the applicant to try to resolve the issues raised at this point would deprive the public of a full review of all potential impacts of this project. Furthermore, the applicant implied that the only "real" issue to be addressed was that of access. While it is true that this is a major concern -- in that the proposed road crosses wetlands -- this is not by any means the only factor which concerns us about this site. Some of the additional issues are briefly outlined as follows. The threat to Dam Pond through erosion and nitrogen contamination is a serious concern. The unique habitat currently provides nesting and foraging opportunities that will be put at extreme risk. Several of the parcels have depths to groundwater of only 5-6 feet -- resulting in the need for extensive fill before construction. Sanitary system installation could significantly impair both surface and groundwater. The presence of marsh and tidal wetlands on several of the sites requires setbacks that may preclude building on some of the proposed lots. a non-profit organization for the preservation of land, sea, air and quality of life printed on 100% recycled paper . . It is obvious that a site in such an environmentally fragile area requires an Environmental Impact Statement to fully consider the impacts of development. The LEAF only touches the most glaring concerns, the EIS will reveal the full significance of these impacts, at which time mitigation measures may be considered. The North Fork Environmental Council respectfully requests that the planning Board issue a positive Declaration for these five projects at your next meeting. We firmly believe that any other action would be a violation of the NYS Environmental Quality Review Act. Thank you for your consideration. Sincerely, ~Vy NFEC Sou thold rdinator , , ~ Rlchard G. Ward. Chairman George Ritchie Latham, Jr. Bennett Orlowski. Jr. Mark S. McDonald Kenneth L. Edwards SCOTf L. HARRIS Supervtsor PLANNING BOARD MEMBERS Town Hall. 53095 Main Road p. O. Box 1179 Scuthold. New York 11971 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765 - 1823 August 10, 1993 Joseph F. Gazza P.O. Box 969 3 Ogden Lane Quogue, NY 11959 Re: Proposed minor subdivision located at East Marion on Dam Pond: Joseph F. Gazza (1) Grundbesitzer Corp. & Andrew Lettieri Andrew Lettieri Bernice Lettieri Joseph F. Gazza (2) SCTM# 1000-22-3-19, 20, 21, 22 & 31-5-1.2 Dear Mr. Gazza: At last night's public meeting, the Planning Board decided, at your request, to reserve decision on the environmental determination for the above noted subdivisions until the next meeting on September 13, 1993. Since you requested this delay, it is our understanding that you also agreed to waive your right to pursue action against this Board with regard to delaying of the determination until September 13, 1993. Sincerely, ff~ 41 (/~ Richard G. Ward ~ Chairman Southold Town p~ning Board 11 . August 9, 1993 Ayes: McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Opposed? Motion carried. / ************************~********* / // Mr. Ward: Steve that one over. We'll hold 1000-9-9 22. Mr. Orlowski: that BE IT RESOLVED outtl Id Town Planning Board, acting under the State Enviro ental uality Review Act, assumes lead agency status, and a lead agen makes a determination of non- significance and g nts a Negativ Declaration. Mr. Latham: second that. Mr. Ward: seconded. All in Ayes: Mr. Latham, Mr. Orlows , Mr. Ward. Mr. Ward: Opposed? Motion carried. *********************************** Mr. Ward: Joseph Gazza - This minor subdivision is for 2 lots on 5.393 acres and is located north of an extension of Dam Pond beginning at a point 534.7 feet west of a point, 1,170.81 feet north of Suffolk County Control Monument No. 10-1243 on NYS Route 25, East Marion, between the proposed minor subdivisions of Bernice Lettieri and Grundbesitzer Corp. & Andrew Lettieri. The applicant is here. Joseph Gazza: Mr. Chairman, members of the Board. Joseph Frederick Gazza, Ogden Lane, Quogue. We met a month ago, and I believe the Board was on the edge of making a determination as to either positive or negative on the SEQRA. I had expressed to the Board that I needed a month to find a way out of getting a positive determination and I have been doing a little bit of homework. I had a meeting - I'll present to the Chairman a letter from the Peconic Land Trust. I had a meeting with the members of the Peconic Land Trust. Actually, we had three meetings and I asked" them to study the proposal of the various minor subdivisions and to come up with an idea. And they came up with the property - the Old Oyster Farm - that was on the Peconic Bay, and received a negative declaration from this Board. I asked them if that same reasoning could be applied to my subdivision in East Marion, and if so, could they Southold Town -1 . P ann~ng - August 9, 1993 Board 12 come up with a plan that might be acceptable to present to the Board to receive a negative declaration. That was the first meeting. Then we had a second meeting, and then a third meeting. And they came up with a plan. They inspected the property. They had their own environmentalist look at it. And they have a reduced density idea, shrinking the number of my lots way down preserving substantial open space, predominantly on the peninsula, and the north side of the peninsula. They have coordinated their plan with a plan which they prepared for this Board, in connection with the Cove Beach Estates subdivision. They showed me a rather elaborate plan that they developed for open space and public property. The only problem with the plan is that it involves public funding to acquire that portion of the peninsula that they would like to see remain 'undeveloped and used in conjunction with the open space or public property on the Cove Beach Estates subdivision. And they asked for a month to see if that funding has the possibility of being obtained. They recognize, and they explained to me, that no decision would be made within a month; but they had a month to approach their different prospective funders, I guess one of which is going to be the Town of Southold, in connection with their overall plan. They said they would have some direction for me. Now, I expressed to the Board a number of times, I don't want positive declaration. I want to work with the Board to overcome the subdivision hurdles to get a map that everybody likes. And, I think the map that the peconic Land Trust is developing is sure going to be like by everyone from the environmental and land use point of view. It would be liked by the owner/developer, myself and Mr. Lettieri, coupled with public funding for the acquisition of a portion of our property. That's my case. If you want to give the peconic Land Trust a month to pursue that, I have no problems with giving the Board the additional time under SEQRA. Mr. McDonald: Are you asking us for something? Mr. Gazza: I'm asking for another month to give the... Mr. McDonald: You would like us to give you another month. To hold this in abeyance another month? Mr. Gazza: That's correct. Mr. McDonald: Let me ask you a further question. If you proceeded on this along these lines, you would withdraw these and make application with a new application, on the basis of whatever discussions you had with the Land Trust. Mr. Gazza: The Land Trust development plan, which is only a sketch, involves a subdivision, and it goes along with the minor Southold Town p~nning Board 13 . August 9, 1993 subdivisions that I had proposed, to a degree, but to a much less density. Mr. McDonald: You would withdraw these and submit that in place of these? Mr. Gazza: I won't say withdraw. I will say amend, based on the Peconic Land Trust ... Mr. McDonald: If you don't withdraw these, we'll be negotiating with you, and I won't negotiate with you. I, personally - I won't speak for anybody elses vote. I won't negotiate on this. Because the law says we're not supposed to. Mr. Gazza: I don't understand what you mean by negotiate. Mr. McDonald: You're going to say you're going to amend your plan, to make a more environmentally sensitive plan. That's negotiating with us over these plans. You have an application in front of us, and we're ready to make a determination. . Now you want to make some changes so we don't give you that determination. That's negotiation. And the law says we're not supposed to do that. So, if you're prepared in the future to withdraw these applicaitons to make that application, I could justify saying, "What's another month", because you're requesting it. But if you're saying that you're never going to withdraw these, all we're doing is wasting a month because, come a month we're going to go ahead and make our determinations, if the votes are here. If the votes aren't here then... Mr. Gazza: Well, I'm attempting not to get a positive declaration determination. And if I can amend the map to the satisfaction of everyone, to win your confidence, as the map that was prepared for the Oyster Farm property, why not proceed along those lines? Mr. McDonald: Because the best we can make out, it's illegal. You have to withdraw the application and make a fresh application on the basis of these new plans. Mr. Gazza: Well, maybe when the new plans become available, the Board could look at the new plan compared to the old plan and determine at that time whether a new application would be necessary or a modification would be necessary. Since I haven't created the new plan, it's being prepared by an organization that's in between the two of us, so to speak. Mr. Latham: Can they do that in a month? Mr. Gazza: Well, they have a sketch ready. But the sketch and the layout involves the acquisition of a substantial portion of our property. And if the funding is available for the acquisition, I will proceed and work with them towards obtaining this goal. And they said within a month they'd have a better Southold Town piltning Board 14 . August 9, 1993 idea if the funding would be available or not. I'm just going by what they stated, and they wrote a letter to the Board concerning that topic. If they come back to us a month from now and say the funding is not going to be available. There is no interest on the part of the Town or the county or other agencies, in utilizing available funds for the acquisition of this property, then we will proceed with the application that's before you, and take it as it goes. Mr. Orlowski: Looking at the last report of Committee, they don't have any money left. have to be funded through the County. the Open Space It would probably Mr. Gazza: They mentioned something about a Laurel Lake... Mr. McDonald: of that money. Yeah, but there's no way you're gOing to see any That's watershed money. You don't qualify. Mr. Gazza: See, I'm not the expert on obtaining money, but... Mr. Ward: But you realize that doing it tonight's another 30 days, or roughly, that this project is going to get postponed, if in fact we don't make a determination tonight. Mr. Gazza: An additional 30 days nothing will happen. Mr. Ward: And you realize, the record is going to state you requested that. Mr. Gazza: That's correct. Mr. Ward: Alright. How's the Board feel about that? Mr. Orlowski: It's been eight years already so 30 days.. Mr. Ward: I know, that's what I'm saying. Mr. McDonald: The problem I have is, if he doesn't withdraw these, say it doesn't work out, the plan doesn't work out, the money is not there, we just lost 30 more days. If it does work out he has to withdraw these anyhow. The best I can make out, he has to withdraw these no matter what. Mr. Latham: We can't look at two plans... Mr. McDonald: So, six of one. Mr. Orlowski: Yeah, but he doesn't know yet. , Mr. Ward: He doesn't know whether he's withdrawing or not. Mr. McDonald: My feeling would be to go ahead with the determinations. Because it doesn't make any difference. Either Southold Town p~ning Board 15 . August 9, 1993 he's going to withdraw them and then the determinations don't matter any more, or he's going to be 30 days ahead. (change tape) Mr. McDonald: I'm appreciative of what you're trying to do because I think you're going in a great direction. I do. You may not think that, but I think that what you're doing is great. And we're finally beginning to move ahead with this thing, and I'm appreciative of that. But I don't think we're doing you any favors, to tell you the truth, to give you the 30 more days, because it doesn't matter one way or the other. Mr. Gazza: Well, if I get a positive declaration, then my next step is to go to environmental consultants to have a report prepared... Mr. McDonald: No, you do the exact same thing you're doing. You wait to see how the plan comes out, and if it works, if the plan works, then you just withdraw these and make that application, which you'll have to do anyhow. Ms. scopaz: I think that's a very important point. The determination of positive declaration does not mean that you automatically have to go through with the environmental impact statement. You can still continue exploring your options and make a decision whether you wish to withdraw the application that's been given a positive declaration or submit this new application that you will get with the Land Trust. This forced determination doesn't put you under a gun or a time frame to act, but the Board is in a difficult position by not acting. Mr. Gazza: When the Board acted on the Oyster Farm subdivision and you gave that a negative declaration, it was based on the layout and the plan being so acceptable and so proper, that the impacts had all been addressed. Am I correct in making that assumption? Mr. Ward: That's essentially correct. Mr. Gazza: OK. So, if my plan can be modified or a portion of the lots acquired with public funding, wouldn't that be along the same lines? Mr. McDonald: Yes. If you make a new application. We're in a technical aspect of the law. That's the problem. It may not be the most sensible part of the law, but it is a part of the law. Because you're a type I - I know you're going to say you weren't a type I when this started - and that's in the, record from last time. So, we've kind of settled that. We're not agreeing, I know you don't agree... Mr. Gazza: We don't agree on that. Southold Town p~ning Board 16 . August 9, 1993 Mr. McDonald: But because of that, we can't sit down and say, "Well, if you do X, Y and Z then we'll give you a negative declaration." We're not allowed to do that. And that's what happens - if you come in with this plan and try (inaudible) on these applications, that's what it's going to be. You're going to say, "If I do this, this and this will you change your minds and not give me a positive declaration?" Mr. Gazza: I'm not asking you to change your minds. If you give me a positive declaration, then I'd ask you to change your mind. But, you haven't made a decision yet. Mr. McDonald: No, but we are negotiating - it has every appearance - and it is in reality a negotiation for a negative declaration. Mr. Latham: Right now it is. Mr. McDonald: And you're not supposed to do it. Mr. Ward: If you were to come back a month from now, or two months from now, whenever it's resolved, with a new plan, what it would need, if we give it a positive declaration tonight on the plan that you've given us, you would withdraw the plan that you have in tonight and resubmit a new one. Mr. Latham: Just clear the decks. Mr. Ward: But you're going to lose another month by doing this. Mr. Gazza: I've studied that. Suppose that the plan that I come back, is the same plan but the understanding is that every other lot or the lots on the north side of the right of way are to be acquired for public purpose. So, the plan would be the same but I would not be the owner or developer of half the lots on the maps because they would be going for a public purpose, acquired by either the County or the Town as lots. The plan stays the same. It gets a negative declaration with the stipulation that the County or the Town is going to acquire those lots designated X, Y and Z. Mr. Ward: Well, I think at this point if the applicant is willing to state for the record he'd like a postponement, I don't know that we'd oppose that. I don't know how the rest of the Board feels. Mr. McDonald: I think we're wasting his time, but it's his time. Mr. Ward: I agree. Mr. McDonald: I make a motion that we hold this for another 30 days at the request of the applicant. Mr. Orlowski: Second. Southold Town p.nning Board 17 . August 9, 1993 Mr. McDonald: Rather, let me amend that, to our next public meeting. Mr. Ward: September 13th. Is there a second? Mr. Latham: Second. Mr. Ward: All those in favor? Ayes: Mr.McDonald, Mr. Latham,Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Let the record show that it's for the four applications before us which is Joseph Gazza I, Joseph Gazza II, Bernice Lettieri, Andrew Lettieri. The motion addresses all four applications. Mr. Latham: What about Grundbesitzer? Mr. Ward: Yeah five. It's five blocks. *********************************** /// // eterminations: / Mr. War : 930 squar on Main Ro Linda Taqqart - This proposed sit foot retail antiques and decora ve d in Southold. SCTM* 1000-53- -2. lan is for a gift shop located Mr. McDonald: Chairman, I make a BE IT RESOLVED Planning Board, acting under the State En ironmenta1 ality Review Act, established itself as lead agen as lead agency makes a determination of non-significance s a Negative Declaration. seconded. favor? Mr. Ward: Is Mr. Orlowski: Mr. Ward: Ayes: Mr. Mr. Latham, Mr. lowski, Mr. Ward. Mr. Ward: Motion carried. Mr. McDonald: I'd like to make a further moti WHEREAS, Linda Taggart is the owner of the property nown and designated as Linda Taggart Retail Gifts and Antiques Store, SCTM* 1000-53-2-2 located on Route 25, Greenport; and Southold Town p~nning Board 21 . August 9, 1993 Mr. Ward: Law in relation to yard sale permits. Mr. McDonald: Board. I move that we send our comments to the Town Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: tonight? Is there no further business before the Board Mr. Orlowski? Mr. Orlowski: No. No comments. Mr. Ward: Mr. McDonald? Mr. McDonald: No. Mr. Ward: Mr. Latham? Mr. Latham: No. Mr. Ward: Ms. Scopaz? Ms. Scopaz: No. *********************************** Linda Levy - North Fork Environmental Council - I'm the Southold coordinator. I do just want to put on public record that, while the NFEC would be very pleased to see any kind of development done with the Peconic Land Trust on the property that Mr. Gazza discussed with you tonight, which we know as the Dam Pond property, we feel very strongly that as it now stands should have a positive declaration. And whether he comes back again next month, with another reason to delay the positive...I mean this is month after month and we need another 30 days, another 30 days...this plan as it stands right now should receive a positive declaration and if he wants to come in with something else and withdraw the plan, we would love to see that. That would be the best of all possible worlds as far as we're concerned, is to see this plan withdrawn and a new plan come in that does preserve the wetlands...public acquisition would be wonderful...preserves the open space. But as this plan stands right now, it needs to receive a positive declaration. And there's nothing he can do to make that change, and I would really hope that 30 days from now, or whenever the next meeting is, no matter what he comes in with, if this plan is going to stand as it does now and he doesn't withdraw it, that he receive a positive declaration. I just thought I'd get that on the Southold Town p~nning Board 22 . August 9, 1993 record so if anything comes up in the future, you've got it. Thanks. Mr. Ward: Is there a motion to adjourn? Mr. Orlowski: So moved. Mr. Ward: Moved. Second? Mr. Latham: Second. Mr. Ward: All in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. There being no further business to come before the Board, the meeting adjourned at 8:15 P.M. Respectfully submitted, ~~ Richard G. Ward, Chairman Martha Jones PECONIC LAND TRUST TEL No .S16-28-3--0235~ -- ~g 9,93 16:23 No.OOS P.02 :):. .'Ii(: ;r 30 Jagger Unt, P.O. Box 2088, Southampton, NY 11969 54 J!;fitE :5 (SI6)283.3195 F"'~'16)28~23S pt; PECONIC LAND TRUST August 9, 1993 ir: - . :;"'~,:"i:, Richard Ward, Chairman Southold Town Planning Board Town of Southold, Town Hall 53095 Main Road Southold, New York 11971 ..& ~'_"1~ ~.!; ~~ Re: Lands of Lettieri and Gazza at Dam Pond, East Marion Dear Mr. Ward: Recently, John Halsey and I met with Joe Gazza to discuss the future use and ownership of the above referenced property. Mr. Gazza expressed an interest in looking at alternatives to the full-yield subdivision plan which is currently being reviewed by the Planning Board. The Peconic Land Trust would be interested in working with the owners of the property on a plan which provides the owners with a means to realize the equity in their property while also protecting the integrity and natural character of the land and surrounding environment. I understand that the Planning Board may be ready make a determination of significance under SEQRA regulations with respect to the current plan, however, I would like to request that you postpone making a decision in this regard for at least one month or until the Peconic Land Trust has had the opportunity to review some alternatives with the owners. Please call if you have any questions. Thanks for your consideration. /;!;- ~~ Assistant Director cc: Joe Gazza -- ....._-_._,.w,-..,'::'..~.,....--i?'"' :::::;-i I ,; \~ ~ 11 ~'~I : " ~ - ,.. . > ~ '. AUG I U 1993 h, :;:~~;t; ,~ "";e,?,,,_.':' (Iii"~' _~_-...- ';..,.. _~"""",,,-,,,,,,,,,,,,_""""';::_i;.,-~~.:.;..;:.~_ _:,~,.,",,-,<:..:..::..~~,'~"~ ,.,......." l.i. . . -Silli'i="((,J.? P6 THE LEAGUE OF WOMEN VOTERS OF SUFFOLK COUNTY JUly 15, 1993 To: Town of Southold Planning Department and Planning Board Members RE: DAM POND PROJECTS: SCTM #1000,22-3-19,20,21 On ,behalf of the local league, based on our in depth studies of surface and ground water, we urge you to do a comprehensive study and render "positive declarations" on said projects. The fragile ecosystem in the Dam Pond area and the impact of proposed projects should be reviewed prior to any decision. Thank you for your attention to our concerns. Sincerely, PO Box 1053 I ~ F'/~I L ,., - [ J -~. 'i (~ I I j Johanna Nor~h~am Natural Resource Chair Southold NY 11971 765-5971 -.<~_T-lfI~.J) ~!~:il I : 1 ~ , ;' jj l l.J 1 ~ _ __~_ _ _ ---d--.-i I-J .' ~ ' . 'N ,i ....:-~__ ,,\J Southold ~own Pla~ Board 7 elY 12, 1993 Determinations: Mr. Ward: Joseph F. Gazza -- I -- fuis minor subdivision is for 2 lots on 4.915 acres and is located west of Dam Pond beginning at a point 1,414.51 feet north of Main Road that is 1,950 feet east of Stars Road, East Marion. SCIM# 1000--22--3--19. Joseph F. Gazza -- II -- fuis minor subdivision is for 2 lots on 5.393 acres and is located north of an extension of Dam Pond beginning at a point 534.7 feet west of a point ],170.81 feet north of Suffolk County Control Monument No. ] 0--1243 on NYS Route 25, East Marion, between the proposed minor subdivisions of Bernice Lettieri and Grundbesitzer Corp. & Andrew Lettieri. SCTM# 1000--22--3--2]. Bernice Lettieri -- fuis minor subdivision is for 2 lots on 4 acres and is located northwest of an extension of Dam Pond beginning at a point ]86.35 feet east of a point 1,414.51 feet north of Main Road at a point ],950 east of Stars Road, East Marion. SCIM# 1000--22--3--70. Andrew Lettieri -- fuis minor subdivision is for 3 lots on 10.67 acres and is on the north side of SR 25, 1900 feet east of Stars Road in East Marion. SCTM# 1000--31--5--1.2. Grundbesitzer Corp. & Andrew Lettieri -- fuis minor subdivision is for 3 lots on 6.3 acres and is located on a western point of Dam Pond, primarily west of a point 1,170.81 feet north of a Suffolk County Control Monument No. 10--1243 on NYS Route 25, East Marion. SCIM# 1000--22--3--22. Mr. Ward: Are Gazza and l.ettieri here? Joseph Gazza: Yes, Mr. Chairman, members of the Board. I understand this evening you're going to talk about either a Positive Declaration or a Negative Declaration, of the subdivision application of Gazza and Lettier of East Marion. I would call upon the Board not to give it a positive Declaration for the following reason. The purpose of worldng with the Board over the last several years has been to create a suhdivision that does not have the environmental and important problems that have to be addressed. We want to create a subdivision that works. fuat ,varks for the developer and that works for the ~own, the ~own Trustees and the Department of Environmental Conservation. For this reason, if you would suspend so to spea](, the process under SEQRA until such time as we could satisfy the concerns which I'm sure you have raised, so that a Negative Declaration could be issued in connection with this sUhdivision. We don't want a Positive, we want a N~]ative, and we want to satisfy your concerns and the concerns of the other a]encies involved, by working the problems out beforehand. I've noticed at another Planning Board hearing where you were able to work with the developer on another waterfront parcel to get the problems resolved, to get the proper setbacks and the water supply taken care of and those environmentally sensitive lands possible turned over to, in this instance it was the Peconic T~nd Trust. You may remember the subdivision, it was the old oyster farm application? Southo1d Town P1ann~Board 8 .y 12, 1993 We want to follow those footsteps. We want to worK: with the Town to correct problems that may exist so that a positive Declaration would not be necessary in connection with these minor sUbdivision applications. I call upon the Board to give consideration to that, please. Mr. Ward: Any comments from the Board? Mr. McDonald: I really know where you're coming from, because obviously you're trying to do something there that's going to worK:. Our problem is you're a Type I action and if we, at this point if \,e go ahead with you and enter into discussions about how to change this to maK:e it more environmentally sensitive, would be a violation of the law. It says that because you're a Type 1 we either have to give you a Ne'Jative Declaration and say that these don't have a significant impact. Or issue a positive Declaration and have an impact statement. We can't negotiate with you about this. The law doesn't let us. ~le only alternative you have at this point is to withdraw your applications. Mr. Gazza: Well, I'd like to refer to Section 617.2H of SEQRA, discusses conditional Negative Declaration. Mr. McDonald: It's not allowed in a Type 1 action. Only allowed in an unlisted action and you're a Type 1 action. Mr. Gazza: Our subdivision was elevated to Type 1. It started as an unlisted. If we go back to the original application date of prior years, maybe we come under the same regulations that the subdivision of the old oyster farm came under when they were able to escape the... Mr. McDonald: They were Type 1 and they came in with an application that mitigated everything in the beginnio'J. We didn't enter into negotiations with them. They came in with an application that had mitigated all the problems up front. So, we didn't get into 1il{e you do this and we'll do that kind of thing with them. Mr. Gazza: Possibly, if the Board would give a list of the problems that need to be mitigated, and maybe a two week adjournment so that we could address those issues. Maybe JOOst of the issues have been resolved. We certainly tried to work over the last 4--1/2 years with the Board in creating a subdivision that benefits everyone. We're notlhere to upset the regUlations, we're here to work within them. But to give it a Positive Declaration and to cause us an additional 10 to 15,000 dollars in immediate expenses, I thin1{ it's uncalled for in the nature of this subdivision. We're trying to work with you; we want to address the concerns, tell us what the concerns are. We'll worK: together on it. Mr. Ward: Well, obviously some of the concerns were raised already where your access pro~lems in going over wetlands, certainly hasn't been mitigated at this point. Mr. Gazza: At the last meeting, Mr. Chairman, it was discussed that if we proceeded with this next step and paid the environmental review fees, that the Board \VDu1CJ have the leverage to ta11< to the adjacent subdivision o\voer, Cove Beach Estates property, about bringing some coordinated access. Southold Town Planni"'Board 9 "'y 12, 1993 Has the Board made any progress with that since out last meeting. Mr. Ward: No. Mr. Gazza: That was an important element of our last meeting which I thought something was going to happen on in the interim. Not yet. Mr. Ward: taKe a try writing to it. Well, the only thing that I at addressing the issues at us so we could at least let can see is that if you would lil<e to this point and submitting that in our environmental consultant 100'< at Mr. Gazza: Have the issues been put forth in some type of a report? Mr. Ward: Well, you're fully aware of the issues. Your primary one is an access and how do you... Mr. McDonald: But to send it back to the consultant is clearly going to be an act...I would ask the attorney, but from what we had in the past it would be probably illegal. This is a Type 1 action. If it was unlisted we could go ahead with this pretty simply. The only alternative I see is to l,i thdraw the appl ications, amend them and re--submi t them. Mr. Gazza: We're not prepared to withdraw. We have submitted over four years ago at the time when it was unlisted, and I would discuss that with counsel for the Board, about the status today for a SEQRA review and a Positive Declaration. I was hoping that the Board might have some type of a report on the forms which we did submit on the environmental review that we could bring back and address in writing, and possibly a couple of week adjournment to do that before a decision would be made. Mr. Ward: Well, the Positive Declaration, the whole purpose of it is to ferret out all of the particular problems or conditions of a particular subdivision, so to do something in between is difficult. Our advice has been with the Type 1 action that we can't do that. Mr. McDonald: If you want us to adjourn for us to ask counsel, we can aSK counsel their opinion. Mr. Ward: Not tal<e action tonight, and we'll put it bac", on for next calen0ar, if in fact we have to go (inaudible). I Mr. Gazza: OK. Mr. McDonald: Have we entered into any 1<ind of time frame on this? Ms. Scopaz: Yes, does the Board have any objection to giving him copies of the consultants report? Board: No Mr. McDonald: Absolutely not. No problem. It's public record. (Everyone talKing). There's some question about whether we haveo legal time frames in this in the SEQRA. Southold Town Planni~ard 10 .y 12, 1993 So, what I'm rights under meeting? going to ask you is very simply, is are you prepared to waive your the time frames, so we can continue this over to another Mr. Gazza: absolutely. For the time period necessary until the next meeting, Mr. McDonald: Good. Mr. Gazza: Thank you. ******************** SITE PT_ANS Final Determinations: Mr. Warcl: Suff'ollc County National Bank -- This proposed site p14 is for a canopy and tomated teller machine at the drive up window ~~~is bank, on Rt.2'i in Matt'tuck. SCTM# 1000--143--3--4.2. What's the pl~ure of the Board? / / Mr. McDonald: Mr. airman, I make a motion that the/Southold Town Planning Board, acti under the State Environment~ Quality Review Act establishes itself as ead agency, and as lead ag~cy makes a determination of non--significance and rants a Ne<-Jative DeCl"iltion. / Ayes: Mr. McDonald, / Mr. Orlowski: Second. Mr. Ward: Motion seconded. favo Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Mr. McDonald: that WHEREAS, the Suffolk known and designated 143--3--4.2 located on ational Banlc is e Suffolk County Nati e 25, Mattitudc; and the property SCTM# 1000-- WHEREAS, a formal submitted on June the approval plan was WHEREAS, the So Environmental lead agency .hold Town Planning Board, pursuant to th State ality Review Act, (Article 8), Park 617, de ared itself issued a Negative Declaration on July 17, 19 _; and of is site plan was certified by Curtis Horton, Senior July 7, 1993; and all the requirements of the Site Plan Regulations have been met; and now therefore be it Southold Town Plan"'g Board 32 ~JUlY 12, 1993 Mr. Ward: OK, we're baclc to hearings held over from previous meetings. We certainly stayed out of order pretty good tonight. Item one is Harold Reese, Sr., et al and Otto Uhl, Jr., et al -. This lot line change between Harold Reese Sr., et al and Otto UhL Jr., et al is to convey 10,093 square feet from Harold Reese, Sr. to Otto Uhl, Jr. and to convey 5,258 square foot from Otto Uhl, Jr. to Harold Reese, Sr. After the lot line change, the Harold Reese, Sr. parcel will be 98.1563 acres and the Otto Uhl, Jr. parcel will be 12.4051 acres. SCIMlf 1000-.27--3--15.1. 18.1 & 18.3. Ben Kinzler: The original preliminary plat plan approval contains a couple of things. Number one was the exchange of two parcels so as to square off one parcel on the proposed Cove Beach subdivision and to add to the UhlnRussell piece a larger piece. Obviously a (inaudible) benefit to them in the exchange, and the reason of course being the ability to square off that one corner parcel. I understand there was some issue with the County Planning Board. Has there been a definition as to what t~e proQlem is, if any? Mr. McDonald: We're about to resolve those problems. Mr. Ward: We're writing letters Qacc and forth, there's a communication gap. They've asked whether we're creating new lots, and we're not. They were asking for numbers on lots, which aren't lots, so I think at this point we're ready to proceed with it. Did you have anything else to add? Mr. Kinzler: If the Board has any questions? Mr. Ward: Any questions from the Board? Mr. McDonald: Or anyone else? Joseph Gazza: The neighboring property. I was wondering if the Board had the opportunity to question the access. There was a discussion at our last meeting aQaut the coordination of the two access roads, Cove Beach Estates and the Gazza-.Lettieri subdivision. It seemed lil<:e an opportune time. Mr. Ward: before us. parcels to Well, this is not a particular This happens to be a lot line even out a piece, that's all. time tl1at the SUbdivision is change of trading two pieces of I Mr. Gazza: Will the access road serve those lots that will be created by rearrangement? Mr. McDonald: They'll be no change in tl1e parcels. There's a parcel now, there will be a parcel later. The other parcel is existing and accessed elsewhere. So, there is no change in the parcel. (everyone talking) Mr. Kinzler: As the roads are already laid out... I became a'''are of tl1e issue just this evening. It's al,;ays unfortunate wllen you have a neigl1bor and you l,ave to wind up meeting him here. But if there was an issue certainly we would have been delighted to consider in the inception stage and here we are coming dmm to the hac" end, and very frankly, I don't lmow how it is at this point in time we would go about cutting throuJh what appears to me, the only way to come throuJh would Qe to cut through Southold Town Plan~ Board 33 4ItrrUlY 12, 1993 existing proposed plots. Mr. McDonald: That's not what he's proposing at all. It will have to be addressed in the SEQR process and the final approval for this subdivision, the major subdivision of which this is trying to facilitate has not been done, it remains open. Mr. Gazza: I just thought that this might be an excellent opportunity since the land owners are both before you on happen chance on subdivisions n mine has been pending for five years and... Mr. McDonald: You had indicated to us you had talked to them... Mr. Gazza: Numerous occasions. Mr. McDonald: ...and they had given you answers. Mr. Reese(?): The only discussion I had with Mr. Gazza \",s certainly in regard to once our application was approved, there might be some discussion between his subdivision, but I wanted Cove Beach approved first. Mr. McDonald: That's exactly what he relayed to us. Mr. Reese: Yes, so I want Cove Beach approved, and then if he wants we can get together somehow, and with the Board's consent, fine, but I want it approved first. Mr. Gazza: And the Board led Mr. Lettieri and I to believe at our last meeting that upon payment of the environmental review fees that the Board would look into the further possibility because of the SEQR process of coordinating a common access in the interest Of proper planning. Mr. McDonald: We said that in the SEQR process we would examine the possi-. bilities, those legal possibilities, which exist. And t'lat's what we're re-- quired by law to do and that's what we \<ill do, exactly. Mr. Gazza: We're gentlemen appearing before you, is there any enlightenment that you could give on these two applications? I know t'ley' both been pending for a long time. Mr. McDonald: You want us to give you the answers to theiprocess without engaging in the process. That I can't do. You had discussions with him already, right? And he has just given you the same response now that you said he gave previously. If we get into the process, we'll see what the process brings forward. There are legal considerations that undoubtedly our lawyers, their lawyers and everybody is going to talk about. We can't resolve this here. You've asl{ed him and he's responded here to you again, about it. It's not really pertinent in my mind to the application before us at this moment, which is a lot line change which is a little tiny piece of their other project, which is not getting a final approval tonight. . It's simply a lot line change which we would like to move ahead on. I understand your frustration in this, but I don't see the connection. Southold Town Pla&g Board 34 .JU1Y 12, 1993 MY. Gazza: Well since you have the adjacent property owners before you... that you've had this discuss-- go out in the hall and sit That's why I brought up the fact already. If the two of you could and solve it, God bless you. Mr. McDonald: ion with them down and talK: Mr. Kinzler: I thin], maybe the question you're asking is, what does the Board see as the further process. Mr. McDonald: We haven't made even a determination on Mr. Gazza's SEQR, because he's asked us to hold it in abeyance while he provides otl1er inform-- ation. There's not even a SEQR determination. Mr. Kinzler: So we're at different stages of the process. Mr. McDonald: Yes, you're a quite different stages. Mr. Gazza: But the common point is the access. I've read the SEQR and the reports focus as the Chairman focused, on the opening of my sat ion this evening before the Board, on coordinated proper access. neighbor says there is going to be no discussion until he completes division. Now if he completes the subdivision... reports conver-- NOI" my the sub-- Mr. McDonald: You want to get tl1e answer to the process without being in-- volved in the process. You don't leap frog over. You need to enter into your part of the process. Then we're going to get involved and undoubtedly there are going to be discussion, legal discussions about this with our attorney about what can and can't be done. Mr. Kinzler: I think the perception is not completely accurate. I thinl, "hat my client l1as said and is intending to say is very simply this, look, the cost of this tl1ing is enormous. We're a~~ious to get going "ith the thing as you kno". To tl1e extent that the Board comes to us or the TOI;n Attorneys come to us in tl1e final process and in conjunction with the approvals and says listen "ill you do us a favor, could you do this instead of doing that? I thinK: we've evidenced an ongoing desire to be flexible, to the extent that it requires a side--tracking and a further delay in the process is not something we can afford to do. You "ant us to he reasonable? We're more than prepared to be reasonable. Mr. Gazza: I'm trying to be reasonable and I thinl, that1if we pool our efforts we can get two maps approved at the same time. Mr. Kinzler: I don't tl1ink, in all fairness, it deserves the belaboring of tl1e Board, before wl10m it does not appear to be an issue. Mr. Gazza: I've l1een before tl1e Board for five years, as you've been maybe longer awl T "as led to believe t:l1at the access issue was the major part of holding up my sul1cJivision application and it may 'oecome. a stumbling b10c]e on yours. Mr. McDonald: What we were trying to impress upon you at the last meeting is the same thing -- T haven't been here that long but every time someone's tried to impress on you -- the sooner you get in the process, the sooner you get the ans\vers. . Southold Town Planning Board 35 . July 12, 1993 Five years ago, and unfortunately this thing llas totally (inaudible) up, but the sooner you get in, the sooner we get the answers. If we continue to sit outside of it, the answers will never corne, because until you ma]{e an application, you never get an answer. If you can't get an answer to the process without getting into the process. You can't do it. Mr. Orlowski: I've been here 14 years and I've never had one applicant give access to another applicant and it's never happened. I don't even know if it's going to happen now. Mr. Gazza: Well, then we might as "ell build a bridge and scrap the whole idea of coordinated access and the Board should have told Mr. T~ttieri and I that at the last meetin::j and... why side tracl{ us? Mr. McDonald: The ans"ers aren't there until you ask the questions and we go around and go through the process. You think that \,e can stt down and make all the decisions without entering in...the public has somethin::j to say about it, the neighbors have ...(change tape). I would ask that we move ahead on this. T "ould like to move ahead on this particular application. Mr. Ward: What's the pleasure of the Board? Mr. McDonald: Mr. Chairman, I'd like to make a motion to close the hearing. Mr. Orlo"ski: Second. Mr. Ward: All those in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. ~tr. Ward: Opposed? Motion carried. Mr. McDonald: I'd like to make a further motion that WHEREAS, Harold Reese, Sr., et al is the owner of the property known and designated as SCTMj~ 1000--22--3-.15.1 & 18.3 and Otto Uhl, Jr., et al is the owner of the property lmown and designaterJ as SCTMj~ 1000--22--3--18.1; and WHEREAS, the Southold Town Planning Board, pursuant to th~ State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on May 74, 1993; and WHEREAS, all the requirements of the SUbdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED that the SoutholrJ Town Planning BoarrJ grant conditional final approval to tlle surveys dated May 28, 1993 and authorize the C1lairrnan to endorse the final surveys subject to fulfillment of the following condition within six (6) months of the date of this resolution: , Submission of the executed deed for eacll parcel. Mr. Ward: Is there a second? Southold T01<n Plann~g Board 36 ~JUlY 12, 1993 Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Kinzler: not intend to acceptable to I think we already submitted copies of the executed deed? We did file it until the final subdivision was approved. Is that the Board? Mr. Ward: Say that again? Mr. Kinzler: We did not intend to actually swap property until the final sub-- division approval is granted. Mr. Ward: Do it with the final map? Mr. Kinzler: Yes. (inaudible) Thank you. *~+***************** Mr. Ward: Hillcrest Estates -- Section lots on 22.9 acres located in Orient. question is, where are you at? 7. -- This major su'Ylivision is for 20 SC1'M# 1000--13--2--8.5. I ;:ruess the Mr. Kinzler: We had a meeting a number of months ago with members of the Suffolk County Dept. of Health. The issue is obviously water quality. And very frankly, while we applied for a variance from the Board and were denied, we believed and still believe that we would have an appropriate redress in the courts. What we've done in an effort to avoid that is to meet with the Board and representatives of the Health Dept. in an effort to achieve a compromise and to try to wor'c out some solution. At their suggestion we had gone back and had retested the existing wells and had found that with some of the wells there had been changes in water quality, that there's been a dissipation from the water table of some of the contaminants that previously existed hut that in other locations they still exist. As a result of the initial retesting we've decided to dro~ new wells and to see what water quality is in other parts of the proposed parcel. We're hopeful, and unfortunately the driller is unable to move with the same speed (inaudible), with respect to the testing, and not only the testing but also with respect to the cropping of a well for the water for the pumps for the fire department. We hope to get that accomplished real quic1cly. Unfortunately he's not moving as quickly as we would like and unfortunately we have no control over it. And lie hope to get that done shortly to go baclc to the Board of Health and to hopefully accompl,ish ,some kind of a reasonable compromise in terms of the SUbdivision. What we contemplate the possibility of doing is combining in some cases, lots. Tn Four or Five cases we may take two lots and combine them into one lot for purposes of complyin'] and perhaps averaging out, if you wilL the respective water quality. , . PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards seOTI L. HARRIS Supervisor T dephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 July 13, 1993 Joseph F. Gazza P.O. Box 969 3 Ogden Lane Quogue, NY 11959 Re: Proposed minor subdivision located at East Marion on Dam Pond: Joseph F. Gazza (1) Grundbesitzer Corp. & Andrew Lettieri Andrew Lettieri Bernice Lettieri Joseph F. Gazza (2) SCTM# 1000-22-3-19, 20, 21, 22 & 31-5-1.2 Dear Mr. Gazza: The Planning Board at its JUly 12, 1993 meeting decided to reserve decision on the environmental determination for the above noted subdivisions until the next meeting on August 9, 1993 in order to obtain the advice of the Town's legal counsel regarding your inquiry. In order to answer your inquiry, the Board will not be able to act on your determination within the thirty day time frame set forth in the Environmental Quality Review Act. At last night's meeting, you agreed to waive your right to pursue action against this Board with regard to delaying of the determination only until August 9, 1993. Sincerely, ~ rkvj IJ 1t/~ R' h "'s l.C ard G. Ward Chairman cc: Harvey A. Arnoff, Town Attorney Matthew Kiernan, Assistant Town Attorney CRAMER, VOORHIS & ASSOCIAT....INC. Environmental & Planning Cons.nts 54 N. Country Road Suite 2 MILLER PLACE, NEW YORK 11764 OJEulJT' @[f uOO~~~[KJiJDuu~[L Southo1d, NY 11971 DATE I JOB NO June 29 1993 ATTENTION Richard Ward Chainnan P1annincr RE Dam Pond @ E. Marion (516) 331-1455 TO Town of Southo1d P.O. Box 1179 WE ARE SENDING YOU IX1 Attached 0 Under separate cover via the following items: > o Shop drawings o Prints o Plans o Samples o Specifications o Copy of letter o Change order [lg Report COPIES DATE NO DESCRIPTION 1 ea 6/24/93 Review of 5 subdivision projects: Joseph F. Gazza Grundbesitzer Corp. Andrew Lettieri I Bernice Lettieri I Joseph F. Gazza I Invoice 1 6/25/93 1337 THESE ARE TRANSMITTED as checked below: o For approval o Approved as submitted o Resubmit copies for approval [Jt For your use o Approved as noted o Submit copies for distribution > [Jt As requested o Returned for corrections o Return corrected prints o For review and comment 0 o FOR BIDS DUE 19~ o PRINTS RETURNED AFTER LOAN TO US REMARKS .30 L,_. ..-..-1 J If enclosures are not as noted, kindly notify us al once fC',<'d G0~tD COpy TO PRODUCT239 .(ivmiii.2Ioc,G'olo~,Ma~,~1411, TnQrtlerPHQNETOLLFREE HOO.125.e38() SIGNED: Voorhis, CEP, AICP . . 'SL(i!:F/t.E" ?f, MS lis ./ SOCIA TES G CONSULTANTS Mr. Richard Ward, Chairman Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 June 24, 1993 Re: Review of EAF for Minor Subdivision located at East Marion on Dam Pond Andrew Lettieri SCTM No. 1000-31-5-1.2 '-'.'-.'" .., -'.---"-----1 ! "''''I"'' . ~ q r:7 p, 11-')' .; j :1 ! i.J~:L~~~2..y.t"j:...~iL_~~ ij n ;; d \I..} j ;!; 1; q i; 1;) ; I: ::; 'ULll JUN 3 01993 iUj ___-1 SOUTHOLD TOWN PLAN"HNG BOAHD Dear Mr. Ward: As per the your request, we have completed a preliminary review of the above referenced project in accordance with your request. Tasks and completed activities are identified as follows: 1. Review Part I LEAF The parcel has been field inspected by CV A, and the LEAF has been reviewed and amended as necessary. A copy of same is attached. 2. Prepare Part II LEAF The Part II LEAF checklist has been completed and is also attached. Additional information concerning our findings is included below. 3. Environmental and Planning Considerations The parcel has been inspected and environmental references concerning the site and area have been consulted. The site consists of 10.67 acres and is located beginning 1,900 feet east of Stars Road on the north side of Main Road, East Marion. The proposed subdivision involves dividing the 10.67 acre parcel into three (3) lots. Lot sizes are 110,000 square feet, 166,000 square feet and 188,600 square feet. The site is zoned "A-80" requiring lots a minimum of 80,000 square feet in size. The subject parcel is comfrised of relatively flat topography throughout most of the lots. The northern part 0 lot 3 has slopes in excess of 30 percent adjacent Dam Pond and wetlands assocIated with Dam Pond. The majoritY. of the site has Riverhead Sandy loam soils with Carver Plymouth steep slope SOlIs near Dam Pond, and Haven loam near Main Road. Subsoils are characterized as sand with no impediment to leaching capability. The elevation of water beneath the site is 1-2 feet indicating that the depth to water is approximately 19 feet over most of the site. The site was utilized for agricultural purposes in the past; however, at present the upland portions of the site are charactenstic of an abandoned field. Typical pioneer species have overgrown the site including herbaceous weeds, white birch, black cherry, honeylocust and maple species. The site is utilized by field oriented bird and mammal species. A portion of the site corresponding to the north part of Lot 3 includes High Marsh, Intertidal Marsh and a small area of Coastal Bars, Shoals and Flats wetlands. These areas have been delineated and are subject to the jurisdiction Page 1 of3 54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764 (516) 331.1455 . . Andrew Lettieri Long EAF Review of the Town Trustees and the NYS Dept. of Environmental Conservation (NYSDEC). The site is not within the North Fork Water Budget Area, and no community or public water supply is available. Therefore, the site will have to rely on private water supply. The area including the subject site does not appear to be affected by farming activities as the North Fork Water Supply Plan does !1Q1 identify the area groundwater as having nitrate concentrations in excess of 8 mg/I and aldicarb concentrations in excess of 7 ug/l. The potential for on-site wells as water supply may be affected by chloride concentrations as a result of underlying salty groundwater. The subject use will need to ensure that adequate water supply can be provided. Application for a realty subdivision must be filed with Suffolk County Department of Health Services (SCDHS). The site is bordered on the east and south by existing homes, on the west by the proposed access road for Cove Beach Estates, and on the north by other vacant lands which are pending subdivision review by the Town Planning Board. The subject parcel provides access to a subdivision known as Joseph Frederick Gazza (SCTM No. 1000-22-3-19) to the north. The subject project is one of five (5) projects pending in the area, and provides access not only to the abutting lot to the north but a total of four (4) other sites. The proposed project in itself will result in the loss of open space and field habitat, and could potentially impact si~nificant tidal wetlands to the north of Lot 3. The access road will induce growth III the area by providing ingress/egress for the aforementioned projects. These impacts are moderately significant on their own; however, when considered in the context of the four (4) additional pending projects, the subject application is expected to have a significant impact on the environment. The SEQR Regulations contained in 6 NYCRR Part 617.15 for Generic Environmental Impact Statements indicate that, "...a generic EIS may be used to assess the environmental effects of: (1) a number of separate actions in a given geographical area which, if considered singly may have minor effects, but if considered together may have significant effects; or (2) a sequence of actions, contemplated by a single agency or individual; or (3) separate actions having generic or common impacts; or (4) an entire program or plan having wide application restricting the rang of future alternative policies or projects. The proposed action together with the four (4) additional subdivisions in the area will most certainly have a significant effect on the environment for the following reasons: (1) The action(s) will result in significant loss of open space in a Town and County designated Critical Environmental Area which contains unique habitat and resources associated with Dam Pond. (2) The action(s) will result in impairment of the viability of unique habitat areas including overgrown field, tidal wetlands, dunelands and first growth woods. The diversity of habitats and the fragmentation and loss of same represents a significant ecological impact. (3) The action(s) may cause impact to the surface waters of Dam Pond in the form of erosion and OCIATES G CONSULTANTS Page Z oC3 . . Andrew Lettieri Long EAF Review sedimentation, stormwater runoff, and nitrogen load. In addition the actions will require water supply and use in an area of limited water supply potential. (4) The action(s) will cause potential visual impacts from the waterway and from Main Road. (5) The action(s) require common access and will share some utilities and impacts. The viability of the access from the Andrew Lettieri parcel to other parcels to the north has been questioned by the Town Trustees as this access may require a road crossing over Trustees land -- an action which the Trustees have indicated they are not inclined to permit. (6) An environmental impact statement would permit the proper consideration of generic impacts associated with the combination of the five (5) projects, and allow for reasonable mitigation measures and alternatives to be explored. * * * * Based upon the above reasons, it is evident that the proposed project must be reviewed in detail as to the environmental impacts of the action. This review must consider the project in the context of other pending applications as at least two (2) of the above noted reasons for requiring a Generic ErS are applicable; namely: separate actions in a given geographic area which when considered together will have a significant effect; and, separate actions having generic or common impacts. The State Environmental Quality Review Act requires that a Determination of Significance be issued for a project involving a decision by a Planning Board. In the case of the Andrew Lettieri project, it IS recommended that a Positive Declaration be issued. Said Positive Declaration should make note of site specific as well as generic impacts and should form the basis for a Generic Environmental Impact Statement in connection with individual review of other pending projects. If you are in agreement, I have enclosed a Positive Declaration for your use. If you have any questions or wish any further input with regard to this matter, please do not hesitate to call. CRAMER, v~ A.~OCIATES ENVIRONMENT~G CONSULTANTS Page 3 or3 . . SEQR POSITIVE DECLARATION Notice of Intent to Prepare a Draft EIS Determination of Significance Lead Agency: Planning Board of the Town of Southold Address: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 June 24, 1993 Date: This notice is issued pursuant to Part 617, of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The lead agency has determined that the proposed action described below may have a significant effect on the environment and that a Draft Environmental Impact Statement will be prepared. Title of Action: Minor Subdivision Andrew Lettieri East Marion, New York Type I Action The project which is the subject of this Determination, involves a subdivision of 10.67 acres into three (3) lots. The project site is in a Critical Environmental Area and contains wetlands associated with Dam Pond. Four additional subdivision p'rojects are pending in the same geo~raphic area and wIll involve common and potentially sigruficant impacts. SEQR Status: Project Description: SCTM Number: 1000-31-5-1.2 Location: The site consists of 10.67 acres and is located beginning 1,900 feet east of Stars Road on the north side of Main Road, East Marion. Page 1 of3 The project has been evaluated through a Lon~ EAF Part III which discusses in detail environmental and planning aspects of the project. The action(s) will result in sigruficant loss of open space in a Town and County designated Critical Environmental Area which contains unique habitat and resources associated with Dam Pond. The action( s) will result in impairment of the viability of unique habitat areas including overgrown field, tidal wetlands, dunelands and first growth woods. The diversity of habitats and the fragmentation and loss of same represents a significant ecological impact. The action(s) may cause impact to the surface waters of Dam Pond in the form of erosion and sedimentation, stormwater runoff, and nitrogen load. In addition the actions will require water supply and use in an area of limited water supply potential. The action(s) will cause potential visual impacts from the waterway and from Main Road. The action(s) require common access and will share some utilities and impacts. The viability of the access from the Andrew Lettieri rarcel to other parcels to the north has been questioned by the Town Trustees as thIS access may require a road crossing over Trustees land -- an action which the Trustees have indicated they are not inclined to permit. An environmentaJ imract statement would permit the proper consideration of generic impacts assocIated with the combination of the five (5) projects, and allow for reasonable mitigation measures and alternatives to be explored. For Further Information: (4) (5) (6) (7) . . Andrew Lettieri SEQR Determination Comments: The Planning Board is reviewing this project simultaneously with the following applications: Minor Subdivision of Joseph Frederick Gazza SCTM # 1000-22-3-19 Minor Subdivision of Bernice Lettieri SCTM # 1000-22-3-20 Minor Subdivision of Joseph Frederick Gazza SCTM # 1000-22-3-21 Minor Subdivision of Grundbesitzer Corp. & Andrew Lettieri SCTM # 1000-22-3-22 Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form Parts I and II, and the following specific reasons: (1) (2) (3) Contact Person: Richard Ward, Chairman, Planning Board Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 (516) 765-1801 Address: Phone No.: Page 2 of3 . . Copies of this Notice Sent to: Commissioner-Department of Environmental Conservation, 50 Wolf Road, Albany, NY 12231 Regional Office-New York State the Department of Environmental Conservation, SUNY @ Stony Brook, Stony Brook, NY Southold Town Board of Trustees SouthoId Town Building Department Suffolk County Department of Health Services Suffolk County Plannine; Commission NYS Dept. TransportatIOn, John A Falotico, Veterans Memorial Highway, Hauppauge, NY 11788 NYS Dept. of State, Mohabir Persaud, 162 Washington Ave., Albany, NY 12231-0001 Applicant Andrew Lettieri SEQR Determination Page 3 oC3 14-16-2 (2/87)-7c . ( . ( /-" 617_21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FOR'VI SEQR {" Purpose: The full EAF is designed to help applicants and agencies determine, in an ore orly manner, whether a project or action may be significant. The question of whether an action may be significant is not i [ways easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also unde" tood that those who determine significance may have little or no formal knowledge of the environment or may be tech lically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware 0 the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can b, assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of infOlmation to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its si:e. By identifying basic project data. it assists a reviewer in the analysis that takes place in Parts 2 and .;. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. ( DETERMINATION OF SIGNIFICANCE-Type 1 and Unlisted Actions Identify the Por~ion',ol ~4F completed lor this project: ".X Part 1 'X Put 2 OPart 3 Upon review of the,information recorded on thi. EAF (Parts 1 and 2 and 3 if appropriat"l, anocany other supporting iriiormation, and considering both the magi tude and importance of each impact, it is reasonably determined by the lead agency that: " , . . o A. The project will not result in any large and important impact(s) and, therdore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. o B. Although the prOject could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared,' 'ri;( C. The project may result in one or more large and important impacts that may have a significant impact r on the environment, therefore a positive dccJaratfon will be prepared. . A Conditioned Negative Declaration is only valid for Unlisted Actions PRo Posro Svbd.....-",,; or LIlNOJ E"1l Sr /I'liMlcAl ~~ue~~.., Sf r\Jllrii: AT Name of Action G J7>>r'>/A f>{.H\/N IM..~.I~.A Name of Lead Agency R,CIWU) W/JJUJ - u"'ll./IItIAJ 0tmnAlM; ~VhJ"NIJbG &4U1 Print or Type Name of ResponsiblJ Officer in Lead Agency f Respe! 'ble fficer l Signature of Responsible Officer in Lead Agency r (If different from responSible officer) ~6VIQIV/;!) (Jy : Signat t.-Z'f -~3 Date 1 ._.-.-':-Y~:,:"- . ~-~.."....,..:-:>\."",~~~.~)i ,r I.' .. .. PAF T 1-PROJECT INFORI\; ,ION . Prepared by Project Sponsor NOTICE: This document is designed to a: ;ist in determining whether the action prop"sed may have a significant effect on the environment. Please complete the mtire form. Parts A through E. Answers to hese questions will be considered as part of the application for approval and nay be subject to further verification and public review. Provide any additiona! information you believe will be needed t, complete Parts 2 and 3. It is expected that completion of the full AF will.be dependent on information currelt1y available and will not involve new studies, research or investigation. If in ormation requiring such ~dditional work is unavailable, so indicate and specify each instance. :'" NAME OF ACTION P~POJ~ S...bd.v,.f ..AJ oF' LA' LOCATION OF ACTION (Include Street Address, MUI tV/Slo N'1S' fiT 25" 186a NAME OF APPLICANT/SPONSOR ADDRESS A TT'ORNEY-AT-L P. O. BOX 969 5 OGOE CITY/PO :-NEWY'OR~ ~- (5. 8S3-&7Ge NAME ~ OWNER (If different) NOjt.1i. W .L e". 1<.: ADDRESS J.f? CA'fV.,A t:..Ao CITY/PO '10""1.<,,v 1/'<1..1 '1ork DESCRIPTION OF ACTION f'p.o p"JrrO j'>v& ~ bl\ll """IOJ...) of /AJr S/~ //AI: 110, 00(, 'Os .s-, T'vl'ITti: ,4.,.. 1<:/I.sr tvIl'11t,o,v icipallty and County) \-: E: /0 S7N'S ~AO r;A.J"'; WlhlLh;;J1V ; J'vFr" II< 4:. . N'f..s BUSINESS TELEPHONE OM2A A.W ZIP CODE ZIP CODE VAc.,.1,..ri" LIIND lN70 3 R{iJ"(J...,...rr~AL .L.cr-f" I 'I" ()tKJ . _ bDO sqtJlf/tII" pa,. ~ /6 1 '.IL~ .I IN If UJncfI,. &NVlA~~ ~ ~ I~ ~M> ~tW,tRPt11'O SJA/lw..- T1rfIJII'OfJSa.y WITN ,y ()1#M tW'"VV/~O~ IN 1JIr ,ftwJlJ9-. Ple.se Complete Each Question-Indic.te N.A. if not .pplicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: DUrban Dlndustrial DCommercial DResidential (suburban) aRural (non~farm) DForest DAgriculture DOther ~ tll(,.'~ 10,(, ., 2. Total acreage of project area: APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural {Includes orchards. cropland. pasture. etc.) We'tlllr1d (Fr<;shwater or tidal as per Articles 24. 25 of ECL) Water Surface Area Un vegetated (Rock. earth or fill) Roads. buildings and other paved surfaces Other (Indicate type) 3.. What is'predominant soil type(s).on,project site? S!1'IP a. Soil drainage: .Well drained /00 % of .ite DPoorly dra.ined % of site b. It"jriy agrlculturalland isiilVolvrd. how many acres of soil are classified within soil group 1 through 4 of the NYS . L~nd. C1assi!ication System? f:{, n. acres. (See 1 NYCRR 370). 4. i'.re there be'd~o~k^ ~utcroppings on project site? . DYes DNo a. What is depth to bedrock? N. A. ~n feet) acres. 10. PRESENTL Y ,,' acres o acres o acres 'f,? AFTER COMPLETION 10 acres o acres o acres y.;> acres 'acres o o o acres acres acres acres acres acres .acres acres 4", Gf'IWI<L. /61. . :! 'nr'. .r<tMr#vtII...- OModerately well drained % of site ../ 2 ,.C"..__.., '..;. ;_"A :;.~,);._:;;.i.;,i;_>;.1'';~_:;;''-''-.: ~"~':;;~;l;;,xm~~i~",~~~',~~'" -::~~....~ .~._.__.....,-~.,,-~.."-" ._"'~~,,,.".., ,_. ~'.,.',. -,..".,,""'....""~'...,.~ ( "O.10~{' ~ % 010-15% 1]15% or greater ,..- %" 6. Is' project substantially contiguous to. or contain a building. site. or district. listed on the State or the National Registers of Historic Places? DYes IINo ( 7. Is proje~t substantially contiguous to a site listed on the Register "f National Natural Landmarks? 8. What is the depth' of the water table? l&fron feet) 9. Is site located over a primary. principal. or sole SOurce aquifer? .Yes DNa 10. Do hunting. fishing or shell fishing opportunities presently exist in the project area? .Yes DNo 11. Does p,oject site contain any species of plant or animal lif" that is identified as threatened or endangered? DYes IINo According to Jlr'JSsllfl.G ..vA.O~5 "UI'! <:J?Nr.~",_........ Identify each species ~AAJ1ot. OM S)7l5'" - r1bA2... W&~/j S. . - (;- 5. .Approximate percentage of proed project site with slopes: s:- % DYes .No 12. Are there any unique or unusual land DYes 'IINo Describe 13. Is the project site presently used by the community or neighborhood 'a~ a.n_'open space or recreation area? DYes IINo If yes. explain ' ..... ". 14. Does the present site include scenic views known to be import.J.nt to the community? }'ifYes IINo 1//6AJS N' *" ftJN() 1 S. Streams within or contiguous to project area: AI ~ fl ~ a. Name of Stream and name of River to which it is tributary forms on the project site? (i.e.. cliffs. dunes. other geological formations) , ~. \ ,; i '. ... , . . .~ . . .. '16. { 17. 18. 19. 20. Lakes. ponds. wetland areas within or contiguous to project area: a. Name DAM ('"nJO b. Size (In acres) :3'0:1: Is th~ site served by existing public utilities? IIYes DNo a) If Yes. does sufficient capacity exist to allow connection? IItYes DNo b) If Yes. will improvements be necessary to allow connection? IiIYes DNo Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law. Article 25-AA, Section 303 and 304? DYes ~o . Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL. and 6 NYCRR 6171 .,grYes DNo _ Has the site ever been used for the disposal oJ sQlid or hazardous wastes!' ,DYes IIINo B. 1. Project Description Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project Sponsor b. Project acreage to be developed: Io,~, acres initially; J~1. ~ Ol"L'7 c. Project acreage to remain undeveloped 75';; ,.r: LA.Ja{res. d. Length of project, in miles: No f.I, (If appropriate) e. If the project is an expansion. indicate percent ~f expansion proposed #./1. %; f. Number of off-street parking spaces existing 1v.1l.; proposed N.Il. 6 g. Maximum vehicular trips generated per hour :2 - 3 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Initially 0 _ Ultimately ______ ...... i. Dimensions (in feet) of largest proposed structure "'?o height; 60 width; j. Linear feet of frontage along a public thoroughfare project will occupy is? 5'3."1. ....-' o acres. acres ultimately. ( Multiple Family Condominium -- ------ . ...... .............. ----- 60 length. ft. R. o. W. F/l-ITA GE 3 .,:::-.:':."..... ,.-,-." _...,{.,,.;f,-';;<;.'t.~_~.,.'. .'.\.r.;;;....{.'~~o~~.,~.fi,.......N_ , ,f" " r 2. How much natural lllat~ri.1.l( rock. arth, etc.) will be removed frol .le site? 3. Will disturbed areas be reclaimed? ~es DNo .N/A ~ IItt1IJ ~C(,.th a. If yes. for what intend_~ purpo, , is the site being reclaimed? N ill RJi .'1'~O""') 0': 04.D t=iNl-'" POI'O 6< b. Will topsoil be stockpiled for re Jamation? DYes DNa fJ$'LA...,;,.,.~,.,,.. IJI/.....f"l ~L-N APrR~vl.() ~. c. Will upper subsoil be stockpiled for reclamation? DYes DNo ( o tons/cubic yards . 4. How many acres of vegetation (trees, s Irubs. ground cove~) will be removed from site? '/2. j; acrel 5. Will any mature forest (over 100 years )Id) or other locally-important vegetation he removed by this project? DYes .No 6. If single phase project: Anticipated per od of construction 7, I.f ~ulti-ph~sed: . '. . _ . a. Tqta~ nl'm.ber of phaseS,an"ticipate t, . /II. Ih (n!P'b~. b. Anticipated date of commencemel t phase 1 if , month c. Approximate completion date of f "al phase . t "I- month d. Is phase 1 functionally dependent on subsequent phases? DYes 8. Will blasting occur during construction DYes IINo 9. Number of jobs generated: during cons .ruction I 2- Number of jobs eliminated by this pre ject 0 , Will project require relocation of any projects or facilities? '3 months, (including demoiition). J4t'P ~ D' (including demolition). ~ '''VUr. .No ; after project is complete o 10. 11. ., c. DYes .No If yes. explain 12. Is surface liquid waste disposal involv,d? DYes !!lINo a. If yes, indicate type of waste (sev"age, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal imolved? .Yes DNo Type SEAJ'TII~~&.~~ H. Will surface area of an existing water body increase or decrease by proposal? DYes .No Explain tN'Tl"" fflo:sti~.,.. ./',;" Rld<- ovGt. Ico fr, Flto... ';)<IJT'rJ G .",,71<'.. 13:""'7 15. Is project or any portion of project lo:ated in a 100 year flood plain' .Yes DNo 16. Will the project generate solid waste? Jttt.es MNo a. If yes, what is the amount per mOl1th 0.32, tons b. If yes, will an existing solid waste facility be used? ~es DNo c. If yes, give name StllJ'IN~"'''''1iJ /llilke.J1J 7'f ; location N~7IJ('.~ d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? DYes III No e. If Yes, explain DYes /II.A. !IINo 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If yes, what is the anticipated site life? N. n. years. Will project use herbicides or pesticides? . DYes IIlNo Will project routinely produce odors (more than one hour per day)? tons/month. 18. 19. DYes UlNo 20. Will project produce operating noise exceeding the local ambient noise levels? 21. Will project result in an increase in energy use? liD'Yes DNo If yes. indicate type(s) EL-r<t~lt. f<Z,,,,, L-/L-co DYes IINo 22. 23. 24. J5~ If water supply is from wells. indicate pumring caracity Total anticipated water usage per day '2. 50 -JDogallons/day. Does project involve local, State or Federal funding? DYes If Yes, explain gallons/minute. f{if.. p wl:i<<;"? aNo ~rr......A7;:[ (r.n~"~) WJ,()....~. .__ .....~ ..,~~('\OO . ~ ~."" 4 ','; 'i. ~: '- ~ " ~., ~~,,'?_~~'::;':_:~:'~ ':"..;.:.i1,_";,~J,e;;.,~~!c;,:::~,,.;,,~,",....,.;'-.:..~~d....,.;:.,-;~";: .' ;,.. ;,.__~,~,,,,,,,,~________,,,,,~'~""~""" 0' ._._.,'""""'......."-"_"'.........," _.,.~_.._~".~,,_~....,.,~-.,... .w,._,~._.._~.,<.. 25. Ap~rovals ReqUir( . ( .PC Submittal Date City, Town, Village Board DVes raN 0 ( ~, To~n, "illab,- Planning Board liVes DNo City, Town Zoning Board DVes Ii!lNo ~, County Health Department ll!IVes DNo Other Local Agencies DVes DNo Other Regional Agencies DVes DNo State Agencies DE"c. ~..,..r II!IVes DNo Federal Agencies DVes DNo " ~~f> \ eb --1:!. rtJ;;r-.. J\/Bo./liIJION S';v. .,...... '1 At J'v(5D "', J) eN ~ 1f. ~~Jtt. \'38" N'1r 7:w_ P€fl.""ir ,~A6 \387 4. S. ( 6. 7. 8 9 10, 11, C. Zoning and Planning Information 1. Does proposed action involve a planning gr :laAiAt; decision? IIYes DNo If Yes, indicate decision required: Ozoning amendment Dzoning variance Dspecial l se permit Glsubdivision Osite plan Onew/revision of master plan Dresouree management plan Dother h I f f h ,<'>"'./"(";"T,II.. Z. ",_c 'Zv,vIAlG 2. \V at is the zoning c assi ication(s)o t e site. ""'f" 3. What is the maximum potential development of the site if de\ eloped as permitted by the present zoning? 3-5 Lo'1"-' If.,- 2. e.~ IEA<.f/ What is the proposed zoning of the site? P:;::./',OS-#,d'l.. 3 E/1t<-......"'1 l..,J O"'L'1 What is the maximum potential development of the site if de\eloped as permitted by the proposed zoning? ffl",,€ Is the proposed action consistent with the recommended uses n adopted local land use plans? DVes DNo \Vhat are the predominant land use(s) and zoning c1assificatior s within a 1f. mile radius of proposed action? f<.rzJ'lt> fN'T"/I'L Is the proposed action compatible with adjoining/surroundir g land uses within a V. mile? eVes DNo If the proposed action is the subdivision of land, how many ots are proposed? 3 a. What is the minimum lot size proposed? -'t" 1'""'-. Will proposed action require any authorization(sl for the form Ition of Sewer or water districts? DVes IINo Will the proposed action create a demand for any commun ty provided services (recreation, education, police, fire protection)? BYes DNo a, If yes, is existing capacity sufficient to handle project,.d demand? aVes DNo 12. Will the proposed action result in the generation of traffic sig lificantly above present levels? DVes liNo a, If yes, is the existing road network adequate to hand I, the additional traffic? DYes DNo l D. Informational Details Attach any additional information as may be needed to claril y your project If there are or may be any adverse imp_lets associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them, .Jet: ~ro-'lS" .r~~ - P,V, J',..v ("AI" ,-"-. '~~'" 1>"'1 F/'-AYI<- BA ~L.1CJ' .t.. J; Af r-"/'rr';" r.r .J'v IS ~ F,Llfo 8. 2. - I" as- E. Verification I certify that the information provided above is true to the be ;t of my knowledge, Applicant/Sponsor -::Jo.rtU'/I Fp..J:"':i'Mtk G.<I'Zz;; Date /.2 -/'3,9/ Signature Title OWfolI/L J I'lkLr J/ /l-frL",~'VT J/I17Tvr"'j If the action is in the Caa ea, Jnd you are J state agency, camp :ete the Coastal Assessment Form before proceeding with this assessm FREDERICK GAZZA AlTORNEY-AT_LAW P. O. BOX 969. 5 OGDEN LANE QUOGUE, NEW YORK 11951t ~~~6) 653-5766 "_' 5 ...."" ~ ..~~~ ,~-~::::'.~;.::~:.;,:_:~~1~ , f' Part 2-PROJl....r IMPACTS AND THEIR MAGN '. JDE Responsibility of lead Agency Cenerallnformation (Read Carefully) -,,, ',In. completing the form the reviewer ShOlld be guided by the question: Have my reo Jonses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. . Identifying that an impact will be potent ally large (column 2) does not mean that t: is also necessarily significant. ~ "Any large impact must be evaluated in P ~RT 3 to determine significance. Identifying an impact in column 2 Simply asks that it be looked at further. . The Exa-mples provided are to assist the nviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response II column 2, The examples are generally applicable throughout the State and 'for most situations. But. for any specific project or site other examples and/or lowe' thresholds may be appropriate for a Potential large Impact response, th JS requiring evaluation in Part 3. . The impacts of each project. on each si:e, in each locality, will vary. Therefore. the examples are illustrative and 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. . In identifying impacts, consider long term. short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate 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 lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially Jarge impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. , , IMPACT ON LAND 1. Will the proposed action result in a physical change to the proj~e? . RNO ~ES . Examples 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 10%. . Construction on land where the depth to the water table is Jess than 3 feet. . Construction of paved parking area for 1,000 or more vehicles. . Construction 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 phase or stage. . Excavation for mining purposes that would remove more than 1.000 tons of natural material (Le.; rock or soil) per year. . Construction or expansion of a sanitary landfill. . Construction in a designated floodway. . Other impacts 2. Will there be an effect t<. ...,y un,que or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.)UNO DYES . Specific' land forms: 6 _,._._.-...",....,;~"',;_,_,"'..,..._.,~.~.., ...._,'~,>>~~-.....".,..;.,,~._.,.'..._'O 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change 0 0 DYes DNo )( 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo -. ."...._".,..:.',:;,"''::O.<;-4,....:'''.o';;;.j...: .- ;.~-'"..:-:..'~'.;.--"..".....~.~~,~ { ( . IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? r (Under Articles 15, 24, 25 of the Environmental Conservation La~CL) aNO E5 Examples that would apply to column 2 . Developable area of site contains a protected water body. . Dredging more than 100 cubic yards of material from channel of a protected stream. · Extension of utility distribution facilities through a protected water body. . Construction in a designated fres'}'ater or tidal wetland. . o/~::ct~~~f'lIrn""/M HO~ 4. Will proposed action affect any non-protected existing or new body of water? IINO DYES Examples that would apply to column 2 . A 10% 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 Proposed Action affect surface or groundwater quality or quantity? 9NO ~ES Examples that would apply to column 2 /'"'" . Proposed Action will require a discharge permit. . Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. . Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. . Construction or operation causing any contamination of a water supply system. . Proposed Action will adversely affect groundwater. . Liquid efflllent will be conveyeJ off the site to facilities which presently do not exist or have inadeqllate capacity. · Proposed Action wOllld llse water in excess of, 20,000 gallons per day. . Proposed Action will likelv cause siltation or other discharg~ into an existing body of water to the extent that there will be an obviolls visual contrast to natural conditions. . Proposed Action will reqllire the storage of petrolellm or chemical products greater than 1,100 gallons. · Proposed Action will allow residential uses in' areas withollt water and/or sewer services. . Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. . Other impacts: NS{JIA/I.Gfr dF- .~J/~~" f!!iIFLlIGI1h:; .~~ AANi Pt'J~n~_ ~<<u.u. J 7'0 bMf POAI'{) (, wHi proposed action alter drJinage flow or patterns, or surface water runoif? IIDNO DVES Exo,nple5 that would apply to column 2 . Proposed Action would change flood water flows. ( l 7 -.- 2 3. Small to Potential ,Can Impact Be Moderate Large Mitigated By Impact Impact Project Change 0 0 DVes DNo 0 0 DVes DNo 0 0 DVes DNo 0 0 DVes DNo )( y. DVes DNo 0 0 DVes DNo 0 0 DVes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo ,0 ' .. 0 DYes DNo , , . ' 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNa 0 )( DYes DNo .' 0 0 DYes DNo ._.::";;::~;Jii.;.___..., ;....~,,;......::'"r.:..;;,;.;,~,.'_. ~~ ,. . . . . Proposed Action may cause substantial e )sion. . Proposed Action is incompatible with e*i~ :ing drainage patterns. . Proposed Action will allow development 1 a designated floodway. . Other impacts: IMPACT ON AIF 7. Will proposed action affect air quality? Examples that would apply to column 2 . Proposed Action will induce 1.000 or mor vehicle trips in any given hour. . Proposed Action will result in the incinera ion of more than 1 ton of refuse per hour. . Emission rate of total contaminants will (,ceed Sibs. per hour or a heat SOurce producing more than 10 milli, n BTU's per hour. . Proposed action will allow an increase in thr amount of land committed to industrial use. '. .NO.' .EWES . Proposed action will allow an increase in he density of industrial development within eXisting industrial are.: 5. . Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threaten ,d or endangered \..I.: species? IlINO )"'{ES Examples that would apply to column 2 . Reduction of one or more species listed on the New York or Federal list. using the site, over or near site or found on the site. . Removal of any portion of a critical or s gnificant wildlife habitat. . Application of pesticide or herbicide more than twice a year. other than for agricultural purposes. :. . Other impacts: ~~,;-'U":';.~~~-_... .MQ 'A...rf';L' "'r.l.I__~ 9. Will Proposed Action substantially affect Ilon.threatened or non.endangered species? IJ,NO DYES Examples that would apply to column 2 . Proposed Action would substantially inte":ere with any resident or migratory fish. shellfish or wildlife species. . Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) 0" other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultui'M land.resource,.? . .NO',[lYES Examples that would apply to column 2 . The proposed action would sever, cross or limit access to agricultural land (includes cropland. hayfields. pasture. vineyard. orchard. etc.) 8 ,...:,....,..-..... r - 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change 0 0 DYes DNo 0 0 DYes DNa 0 0 DYes DNo 0 0 DYes DNo " . . . 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 ~ DYes DNo 0 DYes DNo 0 ~ DYes DNo 0 0 DYes DNo 0 0 DYes DNo . 0 0 DYes DNo ../ . .,......,. :~..".;,;...w..~e,.;..;:7: . .- ~:.,~..;..-.......;- .~~ ~...,~ ....,'"_.,,. -. ~"r_.<_~""_.~.'-""'_ ( . (" . Construction activity would excavate or compact the soil profil,. of agricultural land. . The proposed action would irreversibly convert more than 10 .lCI ~s of agricultural land or, if located in an Agricultutal District, n ore than 2.5 acres of agricultural land . The proposed action would disrupt or prevent installation of agricult Jral land management systems (e.g., subsurface drain lines, outlet ditc les, strip cropping); or create a need for such measures (e.g. cause a firm lield to drain poorly due to increased runoff) o Other impacts: IMPACT ON AESTHETIC RESOURCES ~. 11. Will proposed action affect aesthetic resourcesl !!NO 'ES (If necessary. use the Visual EAF Addendum in Sectio 617~1, Appendix B.) Examples that would apply to column 2 . Proposed land uses, or project components obviously different fI om or in sharp contrast to current surrounding land use patterns, whet her man-made or natural. . Proposed land uses, or project components visible to users of iJcsthetic resources which will eliminate or significantly reduce tlleir enJoyment of the aesthetic qualities of that resource. ( . Project components that will result in the elimination or signific lnt screening of scenic views known to be important to the area. o ~~7~~ ~~ ~~Al. "MA~-n l~ lr.iPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCE; 12. Will Proposed Action impact any site or structure of historic, r re- historic or paleontological importance? . II!INO 0' ES Examples that would apply to column 2 o Proposed Action occurring wholly or partially within or substanti, lIy contiguous to any facility or site listed on the State or National Regis :er of historic places. o Any impact to an archaeological site or fossil bed located within I he project site. . Proposed Action will occur in an area designated as sensitive lor . archaeological sites on the NYS Site Inventory, . Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing " future open spi1Ces or recreational opportunities? [xamples that would apply to column 2 l!!!NO \61 S <- . The permanent foreclosure of a future recreational opportuni0' . ^ major reduction of an open space important to the communit {. . Other impacts: 9 r ~ IJ!; to 2 3 . Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change 0 0 DYes DNa 0 0 DYes DNa 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNa 0 0 DYes DNa 0 X DYes DNa 0 0 DYes DNa 0 0 DYes DNa 0 0 DYes DNa 0 0 DYes DNa ~ '0 DYes DNa 0 DYes DNa 0 DYes DNa ~::-: ;'-\'~:.;:;lJ!."t.:."'~. " , IMPACT ON TRANSPC HATION 14. Will there be an effect to existing trar iportation systems? IliINO DYES Examples that would apply to column 2 . Alteration of present patterns of moven 'nt of people and/or goods. . Proposed Action will result in major traf ic problems. . Other impacts: IMPACT ON ENE IGY 15. Will proposed action affect the com nunity's sources of fuel or energy supply? DNa DYES Examples that would apply to column 2 . Proposed Action will cause a greater th, n 5% increase in the use of any form of energy in the municipality. . Proposed Action will require the creatioll or extension of an energy transmission or supply system to serve mOl e th~n 50 single or two family residences or to serve a major commerc: al or industrial use. . Other impacts: NOISE AND ODOR IrlPACTS 16. Will there be objectionable odors, n< ise, or vibration as a result of the Proposed Action? - IINO DYES Eumples that would apply to column! . Blasting within 1,500 feet of a hospit',f, school or other sensitive facility. . Odors will occur routinely (more than olle hour per~ay). . . Proposed Action will produce operatinl: noise' exceeding' the' 10c~I.' ambient noise levels for noise outside of structures. -.Proposed Action will remove natural barriers that would act as a noise screen. . Other impacts: IMPACT ON PUBLIC HEALTH 17, Will Proposed Action affect public health and safety? GINO DYES Examplcs that would apply to column 2 . Proposed Action may cause a risk of explosion or relcase of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. . . Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) . Storage facilities for onc million or more gallons of Ii~uificd natural cas or other flammable liquids, . Proposed action may result in ,the excavation or other disturbance within 2,000 feet of a site used for thc disposaf of solid or hazardous waste... . . Other impacts; 10 "",-. _..~--"..-~.....,----~,.....,'" '"~_._"_, ..._.~.."._ ...w,..._._.._.~".".."...........,..._...""__.._o..._... r \. 1 2 3 ~ Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change ~ 0 0 DYes DNo 0 0 DYes DNa 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNa 0 0 DYes DNa 0, ,. .' 0 DYes DNa 0 EJ, ." uYe.s DNa 0 0 DYes DNa 0 0 DYes DNa 0 0 DYes DNa 0 0 DYes DNa 0 0 DYes QNo 0 0 DYes DNO 0 0 DYes DNa ,/ ..;.."C';,-,"""...~.,...J'..,'''"...:.;.-....\o,....:._'"'..... .,'. ""~,<..'."..~.:,.~_..~..\iI;.,t....~, ( "'r . .. 2 3 . IMPACT ON GROWTH AND CHARACTER Small to Potential Can Impact Be' OF COMMUNITY OR NEIGHBORHOOD Moderate Large Mitigated By 18, Will proposed action affect the character of the existing com)~ Impact Impact Project Change ( IINO S . Examples that would apply to column 2 o The permanent population of the city, town or village in which the D D DYes DNo project is located is likely to grow by more than 5%. . The municipal budget for capital expenditures or operating serv ces D D DYes DNo will increase by more than 5% per year as a result of this projec:. D D DYes DNo o Proposed action will conflict with officially adopted plans or gc als. o Proposed action will cause a change in the density of land use. )( D DYes DNo . Proposed Action will replace or elim-inate existing facilities, struet! Ires D D DYes DNo . or areas of historic importance to the community. . Development will create a demand ror additional community serv ces D D DYes DNo (e.g. schools, police and fire, etc.) o Proposed Action will set an important precedent for future projects. D D DYes DNo . Proposed Action will create or eliminate employment. D D DYes DNo o Other impacts: D D DYes DNo 19. Is there, or is there likely to be, pullic controversy related to potential adverse environmental impaclS? IIINO DYES ( If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3-EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency ParI 3 must be prepared if one or more impact(s) is considered to Je potentially large. even if the impaet(s) may be mitigated. Instructions Discuss the following for each impact'identified in Column 2 of Par. 2: 1, Briefly describe the impact. 2, Describe (if applicable) how the impact could be mitigated or reduce, I to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to :onclude that this impact is important. . To answer the question of jmp~rtance, consider: o The probability of the Impact occurring o The duration of, the impact . Its irreversibility, including permanently lost resources of value o Whether the impact can or will be controlled o The regional consequence of the impact . Its potential divergence from local needs and goals . Whether known objections to the project rel~lte to this in Ipact. (Continue on attachments) l 11 ../ ..~, _C-:'_"'.~ ...-....-..,:-...:...:. 6.,...... ""1 . o. (.L. Appendix B Sl..,te E wironmental Quality Review ViSUe II EAF Addendu111 1fT 14-'-4.11 j2187)-9c ~ . . ( r SC=-QP \.. " This form may be used to pr ,vide additional information relating to C.uestion 11 of Part 2 of the Full EAF. (1 ) be comp'eted by Lead Agency) Visibility 1. Would the project. be visible f, om: . A parcel of land wl>ich is d, :Jicated to and available to the public for the use. enj 'yment and appreciation of natural or man-made seer equalities? ( . An overlook or parcel of I nd dedicated to public observation. enjoyment and appreciation of natural or m.:Jn-made scenic qualitie ? . A site or structure listed 0 1 the National or State Registers of Historic Places? . State Parks? . The State Forest Preserve? NIl> . National Wildlife Refuges an j state game refuges? ",in . National Natural Landmark and other outstanding natural features? IIln . National Park Service lands; fJ 1.1 . Rivers designated as Natio" ,lor State Wild, Scenic or Recreational? tJ /1> . Any transportation corridor of high exposure, such as part of the Interstate SySI ,m, or Amtrak? ,1/A . A governmentally establishe I or designated interstate or inter-county foot trail, or ( ne formally proposed for establishment or designatior ? tJlll. . A site, area, lake, reservoir, Ir highway designated as scenic? . Municipal park, or designat' d open space? . County road? . State? "''''f IH 2..> ( ",,,,,.J 1'-0"0) . Local road? Distance Between Project and Resource (in Miles) O. 'I. 1/4.1/2 ';'.3 3-5 5+ )It 0 m 0 0 X 0 lit 0 0 0 0 )( 0 0 0 0 X 0 Ii2 0 0 0 0 * 0 0 0 0 0 0 0 0 X 0 0 0 0 )( 0 0 0 0 )( 0 0 0 0 )( 0 0 0 0 X- X 0 0 0 0 X 0 0 0 .. 0 0 0 0 1( )( 0 II 0 0 0 }( 0 0 0 2, Is the visibility of the project s, ,asonal? (i.e., screened by summer foliage, but visible during other seasons) RYes ONo l 3. Are any of the resources ch('cked in question 1 used by the public during the time of year durin~ch the project will be visible? ~es fJlNo . 1 ../ ",."..t'.", <""'~""""'<"'=- ,,---._..--,..-----'"'" ,- .. ,.,', .'~'..?~.k~,:~~.:.....'...".:.'.~..-."...... ,;:~............,.,~,"'t-" .. ~.. 'H"~ '"'- (" " (' DESCRIPTION OF EXI&a VISUAL ENVIRONMENT . 4. From each item checked in question I, check tho"e which generally 'describe the surrounding environment. ~ , ~ Within .'/4 mile *1 mile r \. Essentially undeveloped CLMr BtMCH- ~ ~ Forested ~OS MIa r:oAtnr Ii Agricultural f'//.1 0 0 Suburban residential 0 fit, Industrial f'/IA 0 0 Commercial .-11' 0 0 Urban ,.,111 0 0 River, Lake. Pond Df\.... ('",NO ~ 0 Cliffs. Overlooks ,.,,11 0 Designated Open Space f'//A ((JVlr 1J~Jf 0Ptn.J s4~ ~ 0 Flat 4IJ/7H' SIAJ~ 0 Hilly III Mountainous "'IA 0 0 Other 0 0 NOTE: add attachments as needed 5. Are there visually similar projects within: .V, mile )(Ves ONo *1 miles )8l;ves ONo .2 miles gVes ONo .3 miles ~Ves ONo . Distance from project site are provided for assistance. Substitute other distances as appropriate, ( " EXPOSURE . " - 6. The annual number of viewers likely to observe the proposed project is p!I, 'V" ft L. If"/) . NOTE: When user data is unavailable or unknown. use best estimate. IJVt!!!: 7'tJ N'IS ~r. as~ , CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is Activity Travel to and from work Involved in recreational activities Routine travel by residents At a residence At worksite Other )( o t o Weekly o o o o o o FREQUENCV Holidaysl Weekends )( o o o o o Seasonally o o ~ o o E 2 ../ ..c-' -.'~'..', :"F-'..'~ . -'", , '-' . - T~~,~.,.:i.' ,,,~t,.(~-i~~~,,,",,,,,,,~,,;,'~.~\c~,:.ili,;'~~~'~-'~ 14-16-2 (2(87)-7<: . I . " (" 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM . SEaR . Purpose: The full EAF is designed to help applicants and agencies determine. in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly. there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly. comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data. it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potential/y-Iarge. then Part 3 is used to evaluate whether or not the impact is actually important. ( DETERMINATION OF SIGNIFICANCE-Type 1 and Unlisted Actions Identify the Po~tions of EAF completed for this,project: ,,)< Part 1 '>xPart 2 OPart 3 Upon review of the information recorded on thi~ EAF (parts 1 and 2 and 3 if appropriate), and any other supporting i'niormation, and considering both the'magitude an'd iinportarice of e;>ch impact, it,is reasonably determined by the leap ;l.gency that: . __ o A, The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. o B, Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared,' )(c. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. . A Conditioned Negative Declaration is only valid for Unlisted Actions PRot'oJro S"bcl,o/IJ"", of LA^"OJ 7Os#N m6IUm,CK. t;R1-.f- - / E"A ST MA'<:/cAJ 1000 - 0.2.2..03. Ol~ S, rtJ~r€. A r Name of Action Sotl~~ ~AJ/IV. .A>,u.6,& Name of Lead Agency rnuwrn K:0-UJb ^ J.h,.6... 1'..nl or Type Name <rl Responsible Officer in Lead Agency A!6VI(JMJ:t) 4'1' : l Signature of ResponSible Officer in Lead Agency VI//V"P"' 2-8 , Qate /q q "3 ~ '-"oJ 1 SOUTHOLD TOWN jt 'I~ .6'- ...--",...'""0'.- , PART 1-PROJECT INFORI\ nON Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may b~ subject to further verification and public review. Provide any additional' information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will. be dependent on. information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable. so indicate and speCIfy each instance. NAME OF ACTION PP-CPOJJ'Zl S"bdiv'J""," of Lj\NDS .t',-rVI'l71L LOCATION OF ACTION (Include Street Address, Municipality and County) tVlS)o N'1S' (Zr 25"" lEi (,2. Pr: ';;./0 S,flf'.S NAME OF APPLICANT/SPONSOR A.,.. ';AS-' 1I1M/DN r:toAD r;AS'". MMlvrJ .J\.Iff..dk Co . N '-I...J' BUSINESS TELEPHONE ADDRESS A TTORNEY-A"r'LA W P. O. SOX 969 5 OG W YORK 11_ (518) 6l530157H ZIP CODe CITY/PO NAME OF OWNER (If different) ADDRESS FREDERICK G ATTORNEY-AT.L AnA CITY/PO 'CIUOGUE, N~ yg~~I~::'E ZIP CODE I D~CAIPTlONOFACTI~~_ [>.v./, oJ .'F VAC.''''' LII",o ,.v.Tol RIi.r,,,,.,.rrI.-L .L",-rS t-~;:"~ ,;;.. . ~(), ~ .~ 1()8} ()()O 15Q Pr: Aw-r /$ IN A- I /'000 - 0'2..1..- O'S- O\~ (;h'f1()#f&/iiwitNN.J1a4.."...... 105 -':.6 ll..6VltFJIW'O &//IItJI,ntNnv4I,Y 11I1111 JI O~. III.~III"OIVS. ~# -- --., Ple.se Complete Each Question-Indic.te N.A. if not .pplicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: DUrban Dlndustrial DCommercial DResidential (suburban) DForest DAgriculture DOther 'to '.31.l acres. .Rural (non-farm 2. Total acreage of project area: APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orcHnrds:.cropland: pasture, etc.) Wetland (Freshwater or tidal as per Articles 24. 25 of ECl) Water Surface Area Unvegetated (Rock. earth or fill) Roads. buildings and other pav'ed surfaces' Other (Indicate type) PRESENTL Y 4..0)1;- acres o acres o acres Y 4'" acres AFTER COMPLETION Lf.'7 acres 0 acres 0 acres y~ acres 0 acres 0 acres ? acres o o o acres ilcres acres acres 3. What is predomina-nt .so/I type(s) on project site? SllvP k. GflAVlZ L Jl.y~.,uJ'>>. ~,., ~ a. Soil drainage: "Well drained /00 % of ,ite OModerately well drained % of site . D.Poorly dr"ined~ ~ofsite ,'b: 'If .:)~Y'a"griculturllland is involYFd, how many ilcrcs.of soil are classified within soil group 1 through.t of the NY: land Classification Systeml fi.!... /l. acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project silel "DYes . DNo a. What is depth to bedrock? N. A. -I.no.tJin feet) - .acres ../ 2 ,,'-' ._. .:,;__.-,-.__.:r..-':"'~.o 'r.~._," ., s.. Approximate percentage of prop. project site with slopes: ~0.1O% -es::- % 015% or greater 010-15% r:;- % % ( 7. &. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? DYes IINo Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? What is the depth of the water tabIrAO-}J- V~ (in feet) DYes IilNo 8. 9. Is site located over a primary, principal, or sole Source aquifer? DYes DNa 10. Do hunting. fishing or shell fishing opportunities presently exist in the project area? 1!iYes DNo 11. Does project site contain any species of plant or animal life that is identified as threat",ned or endangered? DYes IfINo According to PtJSSlhur ~7'fJa.s. AM') UJIlJ~It?.MI>"D Identify each speCies ~TlFC1'Ifb p~ _ nLJA?_ fAJ~.#I'15. 12. Are there any unique or unusual land forms on. the project site? (i,e., cliffs, dunes, other geological formations) DYes IINo Describe ....' . 13. Is the project 5ite presently used by the community or neighborhood as an open space or recreation area? DYes ll!lNo If yes. explain 14. Does the present site include scenic views known to be important to the communIty? DYes UNo 1 S. Streams within or contiguous to project area: tV. .4 ~ a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name DAM f'o,vD b. Size (In acres) :3'01: 17. e Is the site served by existing public utilities? IilIYes DNo a) If Yes, does sufficient capacity exist to allow connection? b) If Yes, will improvements be necessary to allow connection? IDYes IiIYes DNo DNo 18. Is the site located in an a~ricultural district certified pursuant to Agriculture and Markets law. Article 25-AA. Section 303 and 304? DYes ~o . 19. Is the site located in or substantially contiguous to iI, Critical Environmental Area designated pursuant to Article 8 of the ECl, and & NYCRR &17? )t!;(es DNo 20. Has the site ever been used for the disposal of solid or hazardous wastes? DYes IilINo ,lI, __ . . B. 1. Project Description Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or control/ed by project sponsor b. Project acreage to be developed: 4. ,>,IF acres initially; .r.A..,.. c. Project acreage to remain undeveloped 75"i~ (.r: .lAvJa{res. d. length of project. in miles: N. (J, (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed N. A. %. f. Number of off.street parking spaces existing IV. fl. ; proposed N,I1. i; c. Maximum vehicular trips generated per hour :2 - 3 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family o o 0"''-0 aCres. acres ultimately. c Initially '_ Ultimately _______ -- i.' Dimensions (in feet) of largest proposed structure 30 height; 60 j. Linear feet of frontage along a public thoroughfare project will o'ccupy is? Multiple Family Condominium -- -----. -- ~ ----- - 60 length. ft. R. o. W. FI'..,..nA Gt: width; 5"'3.(,). ..~ 3 ..--,---.;.--_.....,... ... ... . 2. How much natural m,lte,,:,! ,.. ruck. earth, ete) wdl be removed frc ,he Site? _ 0 3~ Wdl disturbed areas be reclaimed' DYes DNo IIIN/A '. /.MIllIS'" i.IItlI/)~ a, If yes, for wh"t intend_~ purpose is the site being reclaimed? tJ /,1 RIL ''J,~o''''''.J of Cl-':> R"ofl-iII'\flo.'O ..:.Sc: b. Will topsoil be stockpiled for reclamation? DYes DNa R;;PLA..."""1Jt" w''''"'"' Tbl.-W APrf1.uvllo Pol\O, c, Will upper subsoil be stockpiled for reclamation? DY~s DNo 4. How many acres of vegetation (trees, shrubs. ground covers) will be'removed from site? 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed DYes IINo tons/cubic yards '/2- .:!:.. acrel, by this project? 6. If single phase project: Anticipated period of construction 7. If multi-p'ha,sed':' .' .' .' .:a..Tqti'rnum!:)l~l.ot,!lhases aRtlcipilte~ \ {fol.'/j, '(n_~ber). b. Anticipated date of commencement phase 1 .~z, month c. Approximate completion date of final phase yt 11_ month d, Is phase 1 functionally dependent on subsequent phases? DYes 8. Wdl blasting occur during construction? DYes aNo 9, Number of jobs generated: during construction I 2.. '3 months, (including demolition), .-MS \~ ~:t (including demolition). \ ~ I,y~ar, .No after project is complete o 10, Number of jobs eliminated by this project 0 '1. Will project require relocation of any projects or facilities? DYes III No If yes. explain 12, Is surface liquid waste disposal involved? DYes I!!l1No a, If yes, indicate type of waste (sewage, industrial, etc.) and amount b, Name of water body into which effluent wdl be discharged Is subsurface liquid waste disposal involved? III Yes DNo 13. 14, SJ\AJ,TIlf>.'1r--~, "1.-: ~ Will surface area of an existing water body increase or decrease by proposal? DYes "No Explain E"N'11:'<<'~ ffto:rtr"..:r .I'~'T [\/\(.j.(.. ovlC~ Ico A": ~'VI {rXIJT/.-.JG I..v!l'r"PI'-. tSvoo"f Is project or any portion of project located in a 100 year flood plain? i!iYes DNo . Will the project generate solid waste? ~es ~No a, If yes, what is the amount per month 0 . "" tons b. If yes, will an existing solid waste facility be used? txS:,es . DNa c. If yes, give name .sDCII~ JIIsw JIi1t.cJUrf; location M~T1JCIC d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? DYes e, If Yes, explain Type 15. 16. I!INo 17, Will the project involve the disposal of solid waste? a, If yes, what is the anticipated rate of disposal? b, If yes, what is the anticipated site life? N. n, years, Will project use herbicides or pesticides? . DYes IIIlNo Will project routinely produce odors (more than one hour per day)? DYes N. /1. rill No tons/month, 18, 19, 20. 21. DYes UNo Will project p~.oduce operating noise exceeding the local ambient noise levels? DYes I!INo Will project result in an increase in energy use? If yes, indicate typc(s) EL-l'<'~'L Ffl,.,.., fhves L./Lco DNa 22, 23. 24. J5- If water supply is from wells, indicate pumping capacity Total anticipated water usage per day 250 -3DCf:alluns/day. Does project involve Local, State or Federal funding' DYes If Yes, explain gallons/minute, fr<r- () ltV~Lc..;,.." tlNo ~J'Or."":"ft7'fl. (p-.n<J"'''') '00 feN) 71t.nn.. ".,' 4 .,-~' .- ...-....:.... c. Zoning and Planning Information 1. Does proposed action involve a planning 9r 18RiF1g decision? If Yes, indicate decision required: Ozoning amendment Ozoning variance Dspecial use permit .subdivision Onew/revision of master plan Dresource management plan Oother 2. \\'hat is the zoning c1assification(s)of the site? l<uJ'I(JG""T~IlL 2. ~5 Z';"'~VJNG J. , 25. Approvals Requir:~. . City. Town. Village Board DVes !l;TNo (" ~. Town, \/illab( Planning Board IiiIVes DNo City. Town Zoning Board DVes ill No -Eitv. County Health Department I.1!iVes DNo Other Local Agencies DVes DNo Other Regional Agencies DVes DNo State Agencies DE"c.. 1J~..r IiiIVes DNo Federal Agencies DVes DNo " .e Submittal Date '. " ;e.N6 19 eb fv\rllkr-.. J\/CS'.uI\il..lIQN ,~6IUIIN6- \99" ...J'A.oJI'7'Alt'1 A; J'vr5.,o N I J'i eN Afil't()~e \'387 /II'1..J' .. w_ P"/LIA i r lIIVes DNo Dsite plan What is the maximum potential development of the site if developed .2. ic-r.f /1.,- 2.+I!..~ ;E;.Jc.f/ as permitted by the present zoning? <I What is the proposed zoning of the site? I<lZJ', O~}/TJ/~ L 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? fA "'c: ( 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? &!IVes DNo 7 \Vhat are the predominant land use(s) and zoning classifications within a 1;4 mile radius of proposed action? R.rz./'IO fN'l'f/1L 8 Is the proposed action compatible with adjoining/surrounding land uses within a 1;.; mile? 9 If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? fJ +- 4<:... ""1,' 1'"''-, 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? DVes gNo 11. Will the proposed action create a demand for any community provided services (recreation. education. police, fire protection)? l!JYes DNo a. If yes, is existing capacity sufficient to handle projected demand? BVes DNo 12. Will the proposed action result in the generation of traffic Significantly above present levelsl DVes lilNo a. If ves. is the existing road network adequate to handle the additional traffic? DVes DNo D. Informational Details DVes DNo Attach any additional information os may be needed to c1arifv your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or J th m Sa: fl',..~oJCfP J"<;!; - PIV"',.,, ,'nllP rl'-rl,"~'D tS'';f ~yl<- f3A''fL''..J' .t. ~ aVOI( c. ...J. 2 LoT ""rc,,- ^,CI':" A..(~"""'- F-W 7-/;". 1"\8.r' E. Verification I certify that the inform Ition provid(~d above is true to the best of my knowledge. Applicant/Sponsor -:fo..r"P/J FI'-':C>"~'<K GA-zzll Date /~ _/~. 91 Signature Title OIvtl/1P- Il'fI<'."'- ,/ 1l.!,,,L"LO.vr ,/ A7TiJOV'j If the action is in the Coa a A a, and you are a state a~ency, complete the Coastal Assessment Form before proceeding with this assessmelfc.......-H FREDERfCK '._ AlTORNEY.AT_LA~AZZA 5 :>. P. O. BOX 969, 5 OGDEN LANE QUOGUE, NEW YORK 1195S (516) 653-5766 l ..-..-........... , R~sponsihi1ity of lead ^hcm:y Part 2-PROJEGIIMPACTS AND THE,n MAGNli'vDE General Information (Read Carefully) . In completing the form the reviewer should be guided by the question: H.lve my responses and determinations been ,': . reasonable? The reviewer is not expected to be an expert environmental analyst. , . Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. ~ ; :-ArlY large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. . The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and .- .for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3 . The impacts of each project. on each site, in each locality, will vary. Therefore, the examples are illustrative and 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. . In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate 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 lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by changers) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. IMPACT ON LAND 1. Will the proposed action result in a physical change to the prole~:.e? &NO ~S Examples 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 10%. o Construction on land where the depth to the water table is less than 3 feet o Construction of paved parking area for 1,000 or more vehicles. o Construction 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 phase or stage. . Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e.; rock or soil) per year. . Construction or expansion of a sanitary landfill. . Construction in a designated floodway. . Other impacts 2. Will there be an effect t:. ..,IY un,que or unusu~llland forms found on the site? (ie., cliffs, dunes, geological formations, etc.)f/}NO DYES . Specific land forms: 6 '"-~-,.._~ 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change 0 0 DYes DNa k( 0 DYes DNa [1 0 DYes DNa 0 0 DYes DNa 0 0 DYes DNa 0 0 DYes DNa 0 0 DYes DNa 0 0 DYes DNa 0 0 DYes DNa 0 0 DYes DNa .- . . . r IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation La't..!fL) DNa ~ES Examples that would apply to column 2 . Developable area of site contains a protected water body. . Dredging more than 100 cubic yards of material from channel of a protected stream. . Extension of utility distribution facilities through a protected water body. . Construction in a designated freshwater or tidal wetland. . Other impacts: M'H ~ ~ JAlr."n..~U\S PRcnFG1l!!'O ~~ .4.InaB ~S- 4 Will proposed action affect any non-protected existing or new body of water? Ii:INO DYES Examples that would apply to column 2 . A 10% 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: ( \Vill Proposed Action affect surface or groundwater ~ quality or quantity? f;NO ES Examples that would apply to column 2 . Proposed Action will require a discharge permit. . Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. . Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. . Construction or operation causing any contamination of a water supply system. . Proposed Action will adversely affect groundwater. . Liquid efflllent wi/l be convey~..1 off the site to facilities which presently do not exist or have inadequate capacity. . Proposed Action would use water in exc!'ss of 20,000 gallons par' da~ , . Proposed Action will likelv cause siltation or other discharge into an existing body of water to th~ extE'nt that there will be an obviolls visual contrast to natural conditions. . Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. . Proposed Action will allow residential uses, in. areas without water and/or sewer services. . Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. ...... . Other impacts:m&:~6~ (Jp. ~1714J11.~ 6'F/&-L(J~ S7tJl2NfIlIAn!;n .4Nn ~(J~OAL. ~SI.aU ro CJ4Af " -- (j Will prorosed action alter dr.linage flow or patterns, or surface water. runoffl llllNO DYES Examples that would apply to column 2 . Proposed Action would change flood water flows. 5 l 7 r!,:/I to Moderate Impact o o o o o o o o o o o o o o o o o o o o o 2 Potential Large Impact o o o o )( o o o o o o o o o o o o o o >\ o ,.3 ,Can Impac't Ele Mitigated By Project Change DYes DYes DYes DYes DYes DYes DYes DYes DYes DYes DYes DYes DYes DYes DYes DYes DYes DYes DYes DYes DYes DNa DNo DNo DNa DNo DNa DNa DNa DNa DNa DNo DNa DNo DNa DNa DNo DNa DNa DNa DNa DNa --'-'~ ..,~...+ , . . . Proposed Action may cause substantial erosion. . Proposed Action is incompatible with existing drainage patterns. o Proposed Action will allow development in a designated floodway. o Other impacts: IMPACT ON AIR 7. Will proposed action affect air quality? lDN(') DYE~ Examples that would apply to column 2 . Proposed Action will induce 1,000 or more vehicle trips in any given hour. . Proposed Action will result in the incineration of more than 1 ton of refuse per hour. . Emission rate of total contaminants will exceed 5 Ibs. per hour or a heat source producing more than 10 million BTU's per hour. . Proposed action will allow an increase in the amount of land committed to industrial use. . Proposed action will allow an increase in the density of industrial development within existing industrial a.reas" . Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered \"rv, species? IJNO AES Examples that would apply to column 2 . Reduction of one or more species listed on the New York or Federal list. using the site, over or near site or found on the site. o Removal of any portion of a critical or significant wildlife habitat. o Application of pesticide or herbicide more than twice a year. other than for agricultural purposes. o Ot;:u:.mp;~~~;~;':~ ~ 9. Will Proposed Action substantially affect non-threatened or non-endangered species? I1lNO DYES Examples that would apply to column 2 o Proposed Action would substantially interfere with any resident or migratory fish. shellfish or wildlife species. . Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agri,~u/,!IHaf fam:J resouroes.r-' " .r;at:,JO: DYES Examples that would apply to column 2 . The proposed action would sever, cross or limit Jccess to Jgricultural land (includes cropl.lnd. hayfields. pasture. vineyard. orchard. etc.) 8 1 2 3 ~mall to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo I . ' . ,., .. 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 ~ DYes DNo 0 DYes DNo 0 X. DYes DNo 0 0 DYes DNo 0 0 DYes DNo . . . , ' 0 0 DYes DNo , , . . .. 9 ---e 2 3" Small 10" Potential Can Impact Be-' Moderate Large Mitigated By Impact Impact Project Change 0 0 OVes ONo 0 0 OVes ONo 0 0 OVes ONo 0 0 OVes ONo 0 0 OVes ONo 0 0 OVes ONo 0 0 OVes ONo X 0 OVes ONo 0 0 OVes ONo 0 0 OVes ONo 0 0 OVes ONo 0 0 OVes ONo * -0 OVes ONo 0 DVes ONo 0 DVes ONo ....' { . Construction activity would excavate or compact the soil profile of agricultural land. . The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultutal District. more than 2.5 acres of agricultural land . The proposed action would disrupt or prevent installation of agricultural land management systems (e.g.. subsurface drain lines, outlet ditches. strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runorf) . Other impacts: IMPACT ON AESTHETIC RESOURCES ~ 11 Will proposed action affect aesthetic resources? I!NO ES (If necessary. use the Visual EAF Addendum in Section 617. 1. Appendix B.) Examples that would apply to column 2 . Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. . Proposed land uses, or project components visible to users of aesthetic reSOurces which will eliminate or significantly reduce their r enJoyment of the aesthetic qualities of that resource. \.. . Project components that will result in the elimination Or significant screening of scenic views known to be important to the area. . Other impacts: ,4,~nAL V"S.tNh_I"'~ ro '-(lCAL ' (I S.ar:t.~ l/,iPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? II!JNO DVES Examples that would apply to column 2 . Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. . Any impact to an archaeological site or fossil bed located within the project site. . Pronosed Action will OCcur in an area designated as sensitive for archaeological sites on the NVS Site Inventory. . Other impacts: l IMPACT ON OPEN SPACE AND RECREATION 1 J \Vill Proposed Action affect the quantity or qUJlity of existing or future oren spaces or recreational opportunities? \.1.':. examples that would arrly to column 2 l\!lNO ~S . The permanent foreclosure of a future recreational Opportunity. . A major reduction of an open space important to the community. . Other impacts: , IMPACT ON rRANSPORTATION 14. Will there be an effect to existing transportation systems? gNO DYES Examples that would apply to column 2 . Alteration of present patterns of movement of people and/or goods. . Proposed Action will result in major traffic problems. . Other impacts: IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply' IDNO DYES Examples that would apply to column 2 . Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. . Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than SO single or two family residences or to serve a major commerci~1 or industrial use. . Other impacts: NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? . LiiNO DYES Examples that would apply to column 2 . Illasting within 1,500 feet of a hospital, school or other sensitive facility. . Odors will occur routinely (mo"~ than one hour per day). . Proposed Action will produce operating noIse exce'oding the i<:leaf : ambient noise levels for noise outside of structures. . Proposed Action will remove natural barriers that would act as a noise screen. . Other impacts: IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and safety? &IINO DYES Examples that would apply to column 2 . Proposed Action may 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 may be a chronic low level discharge or emission. . Proposed Action may result" in the burial of "hazardous wastes" in any form (i.e. toxic. poisonous, highly reactive, radioactive, irritating, infectious, etc.) . Storage facilities for one million or morc gallons of li(Wified natural gas or other flammable liquids. . Proposed action may result in the excavation or other di~tLJrbancc wlth,n 2,000 feet of a site used for the disposal of solid or he,erdous waste. . Other impacts: 10 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change I 0 0 DYes DNa 0 0 DYes DNa 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo D' 0 DYes DNo . , 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNO 0 0 DYes DNo - - ./ '\. . - . IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD Will proposed action affect the character of the existing com~n ? IINO YES Examples that would apply to column 2 . The permanent population of the city, town or village in which the project is located is likely to grow by more than S%. . The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. . Proposed action will conflict with officially adopted plans or goals. . Proposed action will cause a change in the density of land use. . Proposed Action will replace or eliminate eXisting facilities, structures or areas of historic importance to the community. . Development will create a demand for additional community services (e.g. schools, police and fire, etc.) . Proposed Action will set an important precedent for future projects. . Proposed Action will create or eliminate employment. . Other impacts: 18. ( 2 3. Small 10 Potential Can Impact Be' Moderate Large Mitigated By Impact Impact ProjeCt Change, 0 0 DYes DNo 0 0 DYes DNa 0 0 DYes DNa ~ 0 DYes DNo 0 DYes DNo 0 0 DYes DNa 0 0 DYes DNa 0 0 DYes DNa 0 0 DYes DNo 19. Is there, or is there likely to be. public controversy related to potential adverse environmental impacts? ISINQ DYES ( If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3-EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of lead Agency Par' 3 must be prepared if one or more impact{s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Oriefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to J small to moderate impact by project change(s). 3. Oased on the information available, decide if it is reasonable to conclude that this impact is important. To answer the Question of importance, consider: . The probability of the impact occurring . The duration of the impact . Its irreversibility, including permanently lost resources of value . Whether the impact can or will be controlled . The regional consequence of the impact . Its potential divergence from local needs and goals . Whether known objections to the project relate to this impact. (Continue on attachments) l 11 ~.::: 617.2:. Appendix 8 Sh,te Environmental Quality Review V~sua! EAF Addendum 14.14.11 (2i87l-9c ( " This form may be used to provide additional information relating to Question the Full EAF. (To be completed by Lead Agency) Visibility 1. Would the project be visible from: . A parcel of land which is dedicated to and available to the public for the use. enjoyment and appreciation of natural or man-made scenic qualities? . An overlook or parcel of land dedicated to public observation. enjoyment and appreciation of natural or rr..Jn-made scenic qualities? . A site or structure listed on the National or State Registers of Historic Places? . State Parks? ( . The State Forest Preserve? /oJ 114 . National Wildlife Refuges and state game refuges? ,1/.1 . National Natural Landmarks and other outstanding natural features? /"4 . National Park Service lands? '" itl . Rivers designated as National or State Wild. Scenic or Recreational? ,v III . Any transportation corridor of high exposure. such as part of the Interstate System. or Amtrak? >fill . A governmentally established or designated interstate or inter.county foot trail. or one formally proposed for establishment or designation? tlll1 . A site, area, lake, reservoir or highway designated as scenic? . Municipal park. or designated open space? . County road? . State? "'''If .... 2.5> ( ,.,.",'" !'O"D) . Local road? SeeR II of Part 2 of 1 Distance Between Project and Resource (in Miles) 0.1/4 1/4.1;' 1;'.3 3.5 5+ D D I; D D D D D D D D D D D D D D D D D D D D D D m ~ D D D D D D D D D D D ~ D D D D o D D D D D D D D o D D D D IJI D D D D Iii D D D D D D D D D D D D D . D D D 2. Is the visibility of the project seasonal? (i.e.. screened by summer foliage. but visible during other seasons) ~Yes DNo <.. 3. Are any of the resources checked in question 1 used by the public during the time of year during which the project will be visible? DYes 1)3 No 1 ./ 't.. DESCRIPTION OF EXI G VISUAL ENVIRONMENT 4. From each item checked in question I, check those which generally 'describe the surrounding environment. Essentially undeveloped Forested Agricultural filA Suburban residential Industrial fllll Commercial "If'. Urban /'/1Il River, Lake, Pond Di\/"\ p~",o Cliffs. Overlooks Will Designated Open Space filII Flat Hilly Mountainous tlll1 Other NOTE: add attachments as needed Within .r *'/4 mile *1 mile . , 0 i!l 0 ~ 0 0 0 m 0 0 0 0 0 0 g 0 0 0 0 0 I! 0 0 [j!!] 0 0 0 0 5. Are there visually similar projects within: *'/z mile DYes ONo '1 miles DYes ONo '2 miles DYes ONo '3 miles DYes ONo . Distance from project site are provided for assistance. Substitute other distances as appropriate. f EXPOSURE 6. The annual number of viewers likely to observe the proposed project is f'/Ii,.};",.l... NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is Activity Travel to and from work Involved in recreational activities Routine travel by residcnts At a residence At worksite Othcr Daily II o ~ mI o o Weekly o o o o o o FREQUENCY Holidaysl Wcekends o o o o o o Seasonally o o o o o o l \ 2 ,,/ --_....s__-:.;...,~"""'" . . Sit b/1LcS -' /,,,.~ ,~~ northAmericam. VAN LINES COLONIAL NORTH AMERICAN 17 Mercer Street HACKENSACK, NEW JERSEY 07601 Telephone 201-343-5777 Fax 201-343-1934 May 26, 1993 Planning Board Office Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 AU: Richard G. Ward Re: Proposed Minor Subdivisions located at East Marion on Dam Pond: SCTM# 1000-22-3-19, 20, 21, 22 and 31-5-1.2 Dear Mr. Ward, This is our written authorization to have Mr. Joseph Frederick Gazza act on our behalf in this matter. sinc.:rel~'. ~ ~.'.~ ' ;(~~~ &~~~ Andrew LeUierr~~- Bernice Lettieri ",....._....~-..~"...^-_..._.,'.. j-' ,1 i'~lL!;::i: );] ,.,.,,;. ! AGENT FOR northAmerican@VAN LINES -_.-'" ~:)LL r ' .._...---...i I ';~;C3\;-'.- -J ! :~':;:~L:._'_;_!,L_.---J . _(o:-.>;a:.z:::.'~<>;:>~ "J'~'uHrJl " ~ .:rY"'~~ '1~ l~';::.. iV .:~}V .. ~ 'l~ :11,":0 ." ...~,. r'.1 -..,; : -:;;..\ \(:::::: ~ ~ ;;. ";"~ (:'J- ~ ,,\ ;:::>. .~ .", '.", ~'t-JY \-~ ,tll _1.. ...~~l): ,-rf~ '~_ '~,:.m . ,nY- -- ~-~<-:c~:X~#'-' . PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTT L. HARRIS Supervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD \ Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York /1971 Fax (516) 765-1823 May 18, 1993 \ Joseph Frederick P.O. Box 969 3 Ogden Lane Quogue, New York Gazza 11959 RE: Proposed Pond: Minor Subdivisions located at East Marion Joseph Frederick Gazza Grundbesitzer Corp. and Andrew Lettieri Andrew Lettieri Bernice Lettieri Joseph Frederick Gazza SCTM # 1000-22-3-19, 20, 21, 22 and 31-5-1. 2 on Dam Dear Mr. Gazza: This is to aCknowledge receipt of your check for $1,500.00 as payment for the review of the long environmental assessment forms for the above-noted subdivision applications. Our environmental consultant is being notified to begin the review. In closing, I must remind you that we have not received written authorization for you to act on behalf of Andrew Lettieri and Bernice Lettieri, respectively. Sincerely, 7?/~ f' n/~/v'S Richard G. Ward Chairman . . fff.[V/-C:-">-~ . JF "reiJl " ",~ "urr ~ -yo, ,')-' ''''\'; J1 ,.I') --::;- (y~v" ~.. .. ""'>~ ~ Ij',~J ....., ........', (,..;',.:-. i".,-{" - ~ .IT c.~. ,. 11. ...~~.., '.' -'\ (~~:;;_ r ,Y'; ~ Ij " ','.'., "'- f! :\ ~_ .~~.: ,_j;<~ .ff,{j -:~-'~,"~'f -,~~.:," J'r' "~'--1/i ; ,._,"$J./rr "':";'~_. ~ ,:1 "__,::;i-' '<~~:/;z'x'iJj;/ . PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham. Jr, Richard G. Ward Mark S. McDonald Kenneth L. Edwards scon L. . HARRIS Supervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 May 18, 1993 Charles Voorhis Cramer, Voorhis & Associates, Inc. 54 North Country Road Miller Place, New York 11764 RE: Proposed Pond: Minor Subdivisions located at East Marion on Dam Joseph Frederick Gazza Grundbesitzer Corp. and Andrew Lettieri Andrew Lettieri Bernice Lettieri Joseph Frederick Gazza SCTM # 1000-22-3";19, 20, 21 ,22 and' 31:"S:"I':t f . Dear Mr. Voorhis: In February 1992, this office referred to your firm, five long environmental assessment forms, maps and other relevant documentation pertinent to the environmental review of the above noted subdivision applications. This is to acknowledge receipt of a check for $1,500.00 from the applicants for the environmental review of same. Please proceed with the review. If additional information is needed, please do not hesitate to call Valerie Scopaz. Sincerely, ~ <). a/a-,.,(~ Richard ~Ward ~ Chairman Enc. Referral letter of February 4, 1992 ---- PLANNING BOi\RD MEMBERS Bennell Orlowski. Jr.. Chairman George Rilchie Lalham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone 1516) 705-193R ~, ~.:,..,o ~-., ~-~+,~ '-.,. Joseph Frederick P.O. Box :Jt)'. 3 Odqcn :...111" OUoguc, :JY llJj:) '.,1' ~ i \ , . I .,,'------;;~i~'!~:t~............. , C,QU1\10LO iU!';;~ \ PU~\'l~llN(D~~-----" ....~_......... . e t 6utSAte ~ o:,\\fFOl,f tl ~ ~~~~ "" Q CI . . en ;;e SCOTT L. HARRIS JOSEPH FREDERICK GAZZA.ATrY P.O. BOX 969, 5 OGDEN LANE . QUOGUE, NY 11959 PH. 516-653-5766 --- 50-546/214 4162 .r: l:r_ 19~ I $ l.IOo-:"" ~: PAY TO THE -n ~,(lHrJ[ROF 10'-" -t S,~~~v",},...l J,v.L, 1 . , ~ nlE """''O'.K COUNTy NATWNA,_ RANK ',' "'t.& .o"'o"~,." . ....'0.........0....... ! DOlLAI~S W. ---~_.- - I,H, p--~ - --~::. '0".1,) -~.- ': :} 2 ~ It {] 5 I. b It': L.U. 3200.55. -- - -. - ---- -. RE: Proposed Minor Subdivisions located at East Marion on Dam Pond -- ~'- "" \.- ',- Joseph Frederick Gazza SCTM>>1000-22-3-19 _:__~...!JC~:lr\\ \ ;-.",' \ ( Bernice Lettieri SCTM>>1000-22-3-20 Joseph Frederick Gazza SCTM#1000-22-3-21 Grundbesitzer Corporation and Andrew Lettieri SCTM#1000-22-3-22 Andrew Lettieri SCTM>>lOOO-3l-5-l.2 ,{;-' .~:: '. Dear Mr. Gazza: ,-::r~.A\~~~~:~~~t;:;!.g~-~f~';'o';~:"c.~':':~ '!;:",_\"-~"..,, .... . - ~ r--~~,... '-'.. ._._~.". '~""'---____'_ _..... C'~""'_' ... -...... .,_.._.#,,- -.---..,... -- -,~--. ,.,'- . .-.-, This letter is in reference to the Board's letter to you April 9, 1992, (copy enclosedl, requesting the environmental review by its consultants. of f'ru....... ! r __.__ fb~ IJ cu < N !~ N .-ilII "J... <U) >- 0:;-:-'!2l .... ":':~~. - :I': \.1 i ld)t CD (""J (J ~i' :J n: tb ..... ....1'"': (_~o,... - a;"', 0>-'" ~ W>-I/I~l\ n.. i')11J "'W~ I.I.J W... 'z = (CD: ~tJi a:: LLO ><5!l e fu~ ~~ III ~0 o II. .",,'.JV State Environmental Quality Review December 1991 and has not moved forward of the environmental review fees. Act was started in due to lack of payment Please indicate in writing whether you wish to proceed or close the file. If you decide to proceed, the review fee is $300.00 per application made out to the Town of Southold for the total amount of $1500.00. .J-I ?- q :I ~V'< vv~ A -fo <-h I'f' Lf/(,L-. . . Sout~old T01vn Planning Board 16 May 3, 1993 Mr. Latham: Second that motion. Mr. Ward: Seconded. All in favor? Ayes: Mr. McDonalc, Mr. Latham, Mr. OrlO1;sld, Mr. \Vard. Mr. Ward: Opposed? Motion carried. ~~***************************** Mr. Ward: Local Law on Certificates of Determination. Mr. McDonalo: I mal.:::e a motion thLlt He s'2nd our comm2nts to the TOlin Board. Mr. Lat~am: Second, again. Mr. Ward: ~lotion seconded. All those in favor? Ayes: Mr. McDonald, Mr. Lat~am, Hr. Orlows'd, Mr. loJard. Mr. \Vard: Opposed? Motion carried. alliER Mr. \Vard: Mr. ~i.j;~,ancl MI: ..Jl2zza,. ~ Appointment to rHscuss pending sub-- division proposals. SCTM~ 1000--22--3--1~, 20, 21, 22 and 31--5--1.2. loJelcome. Joseph Gazza: ~le Board may remGm~2r, I'm Josep~ Gazza. This evening I have Mr. Andrew Lettieri, and his wife, Bernice Lettieri, in the orange S1i'eater. \Ve, the O1i'ners of this property, have been hefore your Board several times over several years; it probably goes l)ac1( even longer than that. I brought along a overall map -- mayl1e I could refresh the Board's recollection of where >1e've been and maybe the Board can thereafter, give us an idea about 'vh2re ~.,elre going. I con't kn01i' if everyone can see -- I'm cutting you off, but 1i'e have a series of parcels i~1ich are single ane se~arately o"med. ~is is the N1drew Lettieri parcel, this is the parcel of Gazza, this is t~e parcel of Bernice Lettieri, this is the parcel of Gazza, and this is tl-J.e parcel of Lettieri and Gazza, as partners. So, we have separate pieces, they are separate tax lots and tl-J.ey predate zoning in Southola as single and separate lots, wit1, the ex-- cerotion of this overall parceL 1;hich 1;as the su1)ject of a prior Planning Board approval 1fllere >1e set off a lot ana the remaining approximatley J4 acres was conditioned on no more than three lots, at that time. I'm doing all your work~ Valerie. So, 'He have minor applications ivhich have been ~efore th2 Board for six or seven years? ~ Mr. McDonald: Ten, fifte2n. Ms. Scopaz: It \vas 11efore my time. . . Southold TOIm Planning Board 17 May 3, 1993 Mr. Lettieri: 1983. Mr. Gazza: We've come quite allaYs uitn tl,e ot',er agencies, for 2xamj)le tl12 DEe has t"'€en involved tvitl1 this iJroject, and t11ey lV'lV~ c~olle '2xtensive "J2tlan~ flagging, those ar2 all t1:1e num'J2rs that uppear, and you CllD 822 t1,e different classifications of w::!tlands. T'12 Suffol1, County H<?alt'l D2pt. 11as n~vi.el.ved this in connection tvi t.h ground'ivater supply and \.rat2r qUJli ty, and soil qual i ty. Some ratlter extensive 'i"orl~ was done in t'12 mill 80's ilertaining to t1le avail-~ abili ty of potahle \Vat.er supply for t1i2 lots as l:Jroposer1. A series of test ,"ells were driven and analyzecl to detennine if tl12 Hater qualit.y to/as '~ood and the engineer calculated t~at there 1~3 approximately four times t~e amount of water availar,le on t1-Je site than t~1e site "iould US-9. But despite the eigltt or nin2 years of revie1l iJn0. alot of ':lorJ;~ t1lat. 'iV2nt into this we haven't r2c9ived an approval on th.e map. ~1r. L2t:.tieri l:eelJs askin;] me, may'Qe 11m doing somet~ling vrong and Irion' t ''!C1ve "t''1? ans~'r2r for lo.im. Mayl')e I am doing somet11ing ,,,rong. 'r'le purpose of tl1is evenings m22ting \vas to as1: t1.1e Boare! ,ihere ue're going on this sn0division. Mct)d~2 He're lookinq at it \-lrO!lg. MaYDe v,Te sltould lJe lool>;:inq a different direction. May1.-.e the Board can give us 80m2 imput, some guideance, so mayl~ ___,e could l")rinl} t.his to a conclusion. Mr. Lettieri ,as ":12corne 10 years older since l!C sl:.art2rl, anc I ''12 lost. alat of "hair since vIe started. Mr. McDonal~: You don't get any sympat~y from me. Mr.Gazza: But may1ie, l_iTit~, t1.le Board's input "/e mi'~;(ht m2Y~:X? correct a path. Mayhe \ve've heen going dO"ffi a urong pat'.l, may~::e ,'12 ncec some advice from t112 Boarn. And tl'!.at's 1>1llY l,>le're here toni"]llt to 8=:=2 if l;Je might ')2 able to call upon you for that. We put the map ~fore you, I give you my pen. Give us an ideaj S110W us where "tile I re g'oing 1vron~i. Mr. Ward: WelL maybe I'll call on Valerie just to give us a little "ackgrounc1 as to 1,,'1ere \le're at and what 1'Ie'V2 given l::acl~ to you on it. Ms. Scopaz: Well, basically ",here this application is, "we ~.1ave five separate applications ~fore t~is Board an0 we bave not ~een a~12 to proceeo02cause we starb?d t~12 environmental revi21v. lore have not ~en a~le to proceed v,ith the -,nvironmental revie,,,. We're doing five separate applications and the SEQRA \'las never concluded. The Planning Board's last letter '-lent out in March of 1997 saying tl:1at 1'Ie need to mal~e a 0.ctermination of significance to comp12te t~le environmental review and tl,at He 'vere as1<:ing for paym'~nt of t1le environmental revie" fee of $300.00 for each application, for a toV'll of $1500.00. Basically t1lat's what He need. We need to proce2d "Ii tlJ tl1e environm~mtal revie"I. '01'2 DEC and t~le H'2alth D2pt. so far as my un0erstan(ling, \lill not proC'2e0 uith t11eir r=vi2H of tne application 1-:'0c3use .~11ey don' t 1-tav~ a SEQRA G~termi.nation from tl12 TOI,'ffi. And that's llaGically Hhere 1'T2 are. Mr. Ward: So t~1.at 1 s our next step, or your next step. Mr. Ga~z3.: Yeah, on t'he issue of SEQRA., 1l!12n '''';2 starter:1 eight or nfne years a3o, there Has an attempt '=,y the DEC to 11ave a coorriinated revie'H, ()nd South-- ~1old TOrin ,..;ras invited to join in that coorc1jnab~rJ revie1.,r, 1;ut ChOS2 not to. . . Southold T01Jn Planning Board 18 May 3, 1993 Mr. Gazza: It seems lil':e '-le're going to 'le pUlled bac1,:: into t1le SEQRA process i'lhen there's already t:>een Cjui te an ext:::msive SEQRA i,vor~( done "by tne state DEe. Mr. War(l: '''',at application "as t'.lat on? Mr. Gazza: The overall su~division requires DEC... Mr. Warr:l: You I re sayin;r t'lerG lvaS SEQRl\ reviel'J, ivas t~{)t on a particular application you're referring to? Mr. Gazza: The DEe cOrrm1encec t'1eir revietv on the entire su':.xli vision appli-- cation. All of the lots, looking as a 1,ho12, t'le DEC SEQRA. And they invited Soutl1old to c10 a coorClinat2d, "'y several lett",rs, and Southold either declined or didn't accept, I don't 1::n01._, hOH you \'loulc put. it. Ms. Scopaz: We "ave a letter from t~le DEe \'There T,'le questione~ t1.1at. And basically they earn", to the conclusion that t'le Tmm shoulc1 conc1uct it's Olm envirorunental revimv. ~'le ~ave to reacl-} our m.m determination of significanc21 an~ \v~e'P? l1avil1f.d a sep3rate action. 'f'1'2 fact that the TO'im cHdn't tal{e part in the DEC revi2vl for it's p2nni t apparently didn't preclude the Tmm from doing it's o'\~ coordinatec review, including t~e DEC in wit~ it as well. That waS out.lined in a prior letter in F='oruary of 1992. So the DEC, so far as I am aware, the DEC and t~e TOhTl1 are on t!le same \vavelength. T!l.e DEC l'a8 no ebjec-- tieD to t~2 To,m conducting it's o~vn review. Mr. Gazza: I 1Noulel agree t~lat t112 DEC IV-QuId allo~'l you to further revie1.v it, and you c2rtainly 11aV9 t1'at rig"ht wlder SEQRA to corrnnence another review. But., it has lJeen revieH20 over a nin'2 year perioo. May~e 've' re not revieldng t~12 ri9ht things. Mr. McDonald: Well, let me just offer you this. If all t)'.e c1ata is all there, you're all ready to go, th~ thing to do is get it to:J~?t~er and let's start t'1e review process, ~fl1atever we need, and then we can move this thing ahead. If you've got all the elata, let's get the process.. .get all the data, put it 00l'm and maybe we're there. Mr. Gazza: WelL from the revie'.'l "ith the DEC that's been conduct(~d, tl1ey're focusing on th2 issue of crossing t'le ivetlane area 1"i th the proposed road, and they're very concerned about. this area, as Hell as the Southold Town Trustees, ",'lom I've had a meeting ..."it'l in the fi.elr:1, and tl1is is sort of the focal point of this sulJdivision, so to spea'c The? DEe SU992sted that alternatf.~ access be obtained for the peninsula. Th2y're sugg2sting coming tltrough and connecting into the Harold Reese suDdivision acce?ss road. And the DEC is 'lesitant. to approve this configuration until He have exhausted the possibility of ohtaining access for t"he peninsula, ot~.er t~lan crossing tl1is 'Jetland area. No,;", I recog-- ni ze t~1at concern and that I s going to 1')2 an important part of the revie'", process under SEQRA. And t~is one little focal point could expand t~e SEQRA and I could see ttle environmental impact study focusing on t~is and ')ccomin;r a fe\v pages several inches high. NOIv, Mr. Lettieri and I recognize tl1is f and \"le! re trying t.o get an alternate ....lay in. Mr. Letti2ri maY'"'2 you could explain to t1le Board aoout our efforts to... . . Southold T01<n Planning Board 19 May 3, 1993 Mr. Lettieri: Well, l"e' ve met, 1d t.'l. HaroJ.d Reese on last occassion I spol(e Hi th him ~e said "t'lell vi11en I wor'{: out somet'hing. several occassions. On the get approval maY0e 1"e can Mr. McDonald: What I s Hr. R92se I s status rig"ht n01-'? approval right, lout no final. He's got a preliminary Mr. Kiernan: We're ,;aiting for Health Dept. approval. Ms. Scopaz: Rig~t. Mr. McDonald: So 11e still ~olc' jurisdiction in the SEQRA over 'lis project uno. til 1>le grant t~2 final approval, rig11t? Mr. Scopaz: What do you mean, 00 we still have jurisdiction? Mr. HcD::>nalo: Until ~'12 grant our final approval, ',"2 hold jurisdiction over his SEQRA revie"J. At any time \12 could re--open i..t to re--examine 'ivr,atever aspects of it 'lere pertinent. Ms. Scopaz: Technically, yes. Mr. McDonalc': So it's probahly im~)ort_ant t~at you move ahead nm,. Mr. Gazza: lve~l, Mr. Reese is no': oblj.satEy:l to .:;rant us the access. Mr. Ward: What tne SEQRA ,orocess is, to put all t'lis on t'1e ta~le, ann ma'ce it a pac1:age and develop all tne alternatives and loo'e at all the options, environmentally, economically, everything; that's the f2ckage that needs to he put toget'ler. The faster you get going ViI tn t'lat, tne quicker you're going to resolve this sUbdivision. Mr. McDonald: As time goes hy, just as you said, you're reducing your options in t~e access. It creates n2W problems wit~ t~e impact statem2nt, if t~lere is one. Whether t1lere is one or not, for that matter. Mr. Gazza: Will t'lere ~e one if... Mr. McDonald: Nho knows? We don't "have th2 application, ~ie don't have the revie1V', ;ve don I t have anythi.ng to look at to mal-:2 a detennination, ~ihich is "hy Vle ];ant to move a'lead. I t'li.nk if you got. it in that you Vlould strengt'1en your !land al:)out tl1e acceS.3 over t.he alt'2rnat:'? route, rather than wea1c:en it. But that.' s just my opinion. Hr. Kiernan: Hal< did the DEe tn,at this matter? .):. !'1r. Gazza: Tl1e DEe prefers an alternate access route other than the crossing. Mr. KIenlim: l"-,at 'las their SEQRA determination? . . Southold TOlin Board 20 May 3, 1993 Mr. Gazza: It hasn't "een final.. Mr. Kiernan: It's not final? Mr. Gazza: They 'vent me to prove t~at T'V2 2~cnausteG tne other alternative access route. Nmv, io,l-}at is ex'h.austeCl m~an? Does i.t mean 'oJe met 'ivith "him over four years and 1:Jeen to ',is CClr dealership in Roc'cvi lIe Center t,;o or tl,ree times. We sat dmm ,<ith 'lim. Ive offereel to pay for "alf of his road. We offered to share in the development costs of ut i lit ies. Ive' ve offered to buy a lot from him to get access in, 'iv2' ve. . . Mr. McDonald: I thin', a r1etermination from us "ould essentially solve your problem with the DEC. If you had your determination, "hatever it "ould be, they're probably going to loo'e at that ancl 90, lieU if t1,e T9''ffi is signed off on that, 'tie must move. So I tl1i.n1<: tl-te l)est t~ing you can do is move yourself ahead here. Because every day t1-Jat goes lJy, I con I t ''nO'i'' 'ivha t '11 11appen ~vi th Mr. Reese, but if 1,e finally cloes get c,is Healtc, and '1e's all loc1:ed up, "e no longer have any juriscliction over him and tl-Jere's notc,ing I can do to 'lelp you. Even if tc,e study ''IOuld indicate it, I Hon't :,ave any a1)i1ity to help you. I'm uncertain a~out my power even \vit~ it, but it's more than it would ~ once he has the final approval. Ms. Scopaz: the agenda; You ',ave to ',eep in mind he is moving "l-Jead "i th it. he's starting Hith his lot line change, so he's mOVilV] It "HaS on ahead. . . Mr. Gazza: layout t'1at He's like us, moving like.. .Can we've proposed? (CHANGE TAPE) t1,e Board give us any input on t1,e Mr. McDonald: SEQRA, to talk I would say the answer to that is the same thing. about the layout, ,re're not... Without the Mr. Gazza: I was hoping to extract a little >,it more from you t'>an t'1at, you l~:nO\" t~is... Mr. McDonald: I wish I could give it to you, lout I don't have it. Mr. Gazza: llas studied over. When You 'mow, the applications have ':leen 'lere a"hile. I 1(001, everyone them and pro':lably been on the property several times, and looked it we started it was one acre zoning, not{ it I S t1vO acre zoning. Mr. McDonald: Well, that's anotl-Jer reason to put a rush on it tl1en. Mr. Gazza: 'J1'!1ree acre or five acre, 1,-That's next? But, are 'lITe aS1dng for som2-. thing that's reasonable by creating t;ro acre lots, or do you thinJ, it's un-- reasonable. We don't want to go dOlfO the "rang path. Some direction at tl1is point could save us time and money and maY':le give t"e Board "hilt you're 1001cing for..... Mr. McDonald: Your yield is determined "'y your "'ul", tl-Jat' s.. . Mr. Gazza: WelL W' could 100lc at a formula and determine t1,at, and I agree \vit11 you, "Jut... . . Southo'_c:" ~Ol'm Planning Board 21 May 3, 1993 Mr. McDonald: Until we even sta](e out the wetlands, how do we even lmow w'1at the nul1<;: is? Mr. Gazza: We 1<;:now where the wetlands are by DEC and by Town Trustee inspec-- tions and site... Mr. McDonald: Our e~pert has to take a look at it. We're like everybody else. we go out there, and as a layman I have an idea, right, but our expert is going to go over it and say yes, X, Y and Z that's OK. We agree with this line, we don't agree, and if there's a fight, there's a fight; if not then we can go ahead and figure your bulk and we're on our ''''yo We've got to start about where we're headed. We really need to get into the process. I had thought after the last meeting, 1ms it a year ago the last time you were here? Mr. Orlows'(i: You have a tendency to show up every spring. Is there a reason for that? Mr. McDonald: I thought that that's where ';e were going to head then, but obviously I crossed a wire in the ,;ay I wlderstood it. Really, tr,e 'Jest suggestion I can give you is, get into the SEQRA on this and move it ahead. That's the step that you need to ta',e rig'1t now. Once that's ':ye"ind us it's a giant leap f0r11ard. Mr. Gazza: Would I be correct in assuming that tr,is ,;ould Cecome a Type I under SEQRA? Mr. Ward: B2cause of it's location? Mr. McDonald: I'm'lOndering, is that a CEA? Mr. Ward: Yes, it is. Mr. McDonald: r~en it's a T"/pe I, we have nothing to say about it. Mr. Gazza: So as a Type I, we're tal'dng... Mr. McDonald: It's a long form. Mr. Gazza: It's a long form and we're tal'dng a!-,out a supplem:ental DEIS as a presumption. Do you thin', it's a good presumption? Mr. McDonClld: You do t"e long form and we'll see. It's ':>een a year since I'Ve been out t~lere. Mr. Lettieri: There's no lNay lie could possi1Jly circumvent t"hat, if ?,e c~anJ'~ tlo.2 configuration... Hr. McDonald: T'le only thing I can give you as a guide on that is, the people tl,at \'12r'~ in l1'?n~ lx?fore you, t'h'2 Peconic Land 'T'rust, 'hac1 a similar aiJplication, a Type I, and t,ihat t~ey di.d to t'2ir sUl.)division, and you Ct:1n ;Jet a loo!( at it in t11e file, was such that they mitigated all the potcmtial pro':Jlems in ad-- ~ vance, in that sU'Jdivision, and they got a Negative Declaration. They ';ere . . Southold Town Planning BoarG 22 May 3, 1993 Type I, and they su1::>mi tted a long form, i!: Ha.S ;) long Part 3, but it ';<lasn' t any impact statement, that's for sure, anQ t~2Y got a Negative Declaration. Mr. Gazza: Well, going 'lIon'} "it'l that idea, if 1Ie overcomE:' the !mrdle of this crossing, ~ye migl1.t mitigate all th2 environmentul concerns, or the majority of them. Mr. McDonald: Yeah, 'out that,'s 'tind of invE:'rted. Yes, if you CCln find a ,,ray to mitigate them, you solve one of your pro'olems. And t'lat's the 'dnd of thin;) you're looking for. Maybe your plan should show the alternate access. I don't know legally, maybe you need to get up to the T01'ffi Attorney on that, to see what power 1"re have in that respect. Mr. Gazza: Well, ive con 't 'lave (1 IGI]al access.. Mr. mcDonald: knO'il if 1"e can I'm not tal'cing u'lat polTer you 'lave; \'That pOller "e have. I don't give you something t'lat you can't necessarily give yourself. Mr. Gazza: Well, I 11ave made prior requests to t~1e Board to try to induce the SUbdivision adjacent to ours to have a coordinated access or a coordinated road system, rather than have tl;lO roads side ~y side. I have pursu2d that. Mr. McDonald: We read your letter. Believe me "e pay attention to these letters, too, ~ut we ~eep waiting...r ~lieve everythin~ you're telling me, hut in our papen'lor1<, for our reviei"f none of this is corroborated by our ex-- perts or anything else. We have a map, yes, '1jut our experts haven't even been out there to say, yes, X, Y Z, he's al:lsolutely rig'lt. So that's "illy ~v2 need to get into this process. Mr. Ward: your SEQRA and get it I think nasically, to let a year go Hit'10Ut gettin;) involved ,;it'l process, and QY now you would have been done; let's get in it going. Mr. Gazza: We '<ere l,oping t.o reach a s2ttlement ,;i th t'1e su1x1ivision next door to use their road system, to eliminate t'1is, '",hich ''TOulc1 really save us alot of worlc, t~e w~ole process, save t~e environm2nt... Mr. McDonald: Moving ahead strengthens your hand. The more you "ai t, tIle weaker your hand gets. Once that final approval, t'1ere' s Ii terally nothing we can do. Mr. Lettieri: He seemed to indicate, at least to me, that he ~vas ~vai ting for 'lis final approval and then we could discuss it, hut then... Mr. McDonald: Well, that's bet\ieen YOll and him; maybe ypu can. Mr. LatlJam: You tal'dng to Mr. Reese, Jr.? Mr. lettieri: Yes, junior. Mr. Kiernan: Have you spo)':~n to Mr. ReGse's attorney in an effort to try to move this. . . Southold Town Planning Board 23 May 3, ] 993 Mr. Gazza: Yeah, I thin', I have. I'm going "ac!{ a year or two ago, I don't even remem'!::Y2r his name anymore, l)ut I clio converse 'h~ith his attorney. He l,as complications. He has a Qank mortgage on all the property. He's hesitant to grant us any right of uay until ~2 get's 'lIS sUl-)(livi.sion finalized. He's afraid that it might jeopardize, to t'le? slightr?st degree, his sU'xJivision, and he doesn't want to ta~e that chance. Mr. McDonald: Well, that's t-lt,at uould '1elp YOll ~ere. If He, in our revie1'i, said that that was advantageous, it ta',es tCl3t argument a",ay from him. . OQviously, "'2' re not going to stop his suQdi vision for tClat reason if we're suggesting that that Qe clone. Althou::jh, some people Ivould thin" that that's tl-Je way we ,,,or'c. Ms. Scopaz: You should 'oe aware t"at all mental consultants, and it has been there for the cl,ec'<i 11e I s ready to move on it. of your rapeDlOr!:' is at 1:")12 environ-- for last year. \"e' re just 1Jai ting The Qall's in your court. Mr. McDonald: Is there anY'i\ray t!1at we can.. .olJvioUSly, rnon2Y i.s an issue too. Can ,.,e ma':e t}'is one application? Ms. Scopaz: They have chosen not to merge their property. Mr. McDonald: If they mace one application, ",ould t'le fee he Imver? Ms. Scopaz: I don't ',nml, hecaus2 the consultant is alrearly charging him less tClan they usually charge. Usually, the fee is $400 per application. But he-- cause this is a group application ano'! aU t~le properties are contiguous to one anot~er, t~eylve reduced the rate to... Mr. McDonald: If he made one application, woulo '1e 1:>e paying $400? Ms. Scopaz: Right. Mr. Lat'lam: Well IVe don't '<I101v. Mr. McDonald: There's an option. You've got to make your olm decision, 'Jut i.f you want to reduce the cost, you ma':e one application and then you pay the $400 instead of paying... Ms. Scopaz: What they have cClosen in the purcClase of the property is in five separate forms of ownership ano t~ey've c~osen not to merge t~eir properties. Mr. McDonald: Well, that's OK too. Mr. Lettieri.:' Mr. Gazza mmed this property -- tha t' s how I met Mr. Gazza. Ms. Scopaz: He's suggesting it would be cheaper... Mr. Letti.eri: I !mOlv and I appreci.ate t'1at very much.. Why clon' t ',e try t'lat? Mr. Gazza: I non't want to merge my Jan0 wit~ your land. Please, we've b2en trying for 10 years to brea', them apart, nOlv you want to put t'lem together? . . Sout'101d Tmm Pl,mning Board 2~ May 3, 1993 Mr. Lettieri: Are we just merging an application? IVe're not merging land? Mr. Kiernan: Does the mmersloip of the land have to be merged in order to consider it an single application? Mr. McDonald: I don't tloin1c so. Mr. IVard: I thin'{ you can com':>ine applications. Mr. McDonald: Yeah, I thin': you can combine the application without comhining the land. Essentially, you've done that already, you've come in as a group and you I re going. . . Mr.T""ttieri: IVell, we did tlois to show t~e Planning Boarr. at tloe time, because I'm not a developer by any means, obviously you can tell; when Joe said to me well, why don't we s,ow t'1e Planning Board exactly '~1at you want to do and what I want to do "ithin one application, to give t11em a better feel of what we're trying to do here. T'.1at' s why ,.,hen \fe first sulomi tted our applications and our details, we sho',ed it as one continuous application or blueprint or whatever you want to call it. 'T",eoretically, there are five minor SUbdivisions and even wi th this ,ere loeing right off the Main Rd., I could '1ave applied as a minor subdivision wit'1 no problem ""atsoever, because there is no DEe approval t,at I would require over here. But I t'1oug'1t, and Joe suggested, why don't we let toe Planning Board lm01, woat "'e' re trying to approve so they can 100', at it as an overall picture. Unfortunatley, we weren't bright enough to realize along side of us that someone else ",as <4oing, at t,at time I thin1, even Billy Joel "'as Jouying the land. So "'e load no idea what anyone else was doing ,ere other-- wise we would have tried to meet with the people toat mmed the land 1,ere to try to go this way because "'e didn't 'mm' t,at 1fe going to ',ave a problem. Because toere is a farm road that goes over the ",etlands toat oas been used for many years. Mr. Latoam: Yes, it goes right dQ1ffi near toe loay, very low. Ms. Scopaz: Mark, one thing to 'eeep in mind, if t1,ey choose to come in as one application, it then converts the whole application in the Health Departments eyes from a minor to a major. Mr. McDonalJ:J: 0'1 yeah. Mr. Lettieri: ~at "'aUld create a problem. Mr. IVard: It sounds like the $1200 is tn.e c'ooapest \fay out. Mr. Lettieri: Yes, OK. Mr. McDonald: You will loe at the Board of Revie,{ up there? Mr. Latham: This is your roaCl adjoining Reese's? If you came in with this, you could put your own road at least t,is far, ."it,out any problem, couldn't you? . . Southold Tmm Planning Board 75 May 3, 1993 Mr. Lettieri: You mean if 1<e '<or'ted out something "lith Reese? Mr. Latham: No, right in here. You ,"on't nave to 'mr'c out anyt.hing to start your o,m road here, do you? Mr. Lettieri: That's correct, rignt. (Everyone talldng) Mr. McDonald: Yes, r,ut t."eir thin'dng is, t'1ilt if you're going to mil',e the road from here to here, ,.hy two roads, why not. one? Mr. Latham: It would be less tr,an paying Mr. Reese for it, r,ut you have to pay someone I guess. Mr. Lettieri: Well, we thclUght he 1<ould save Some hucks and... Mr. McDonald: You could ma',e a dea 1, sure. Mr. Gazza: We offered to pay half. Not only the road but the utilities. Mr. McDonald: I thin', you're pro>,ably going to ta":e a hard look at that in the SEQRA because that's one of the numner one mitigat.ions tnat you're going to tal'e aJ-xJut. You're going to t.al', about not. disturbing that wetland at all for the road anymore. We're talking about trying an alternative. Mr. Gazza: The configuration of lot.s on the peninsula, can the Board just give us a little input on that? I know you've all loo',eo at it and I ":now this is a very visible spot. Mr. McDonald: I've got to go bac', to the file and really dig in again. Be-- cause there's such a mass of different lots and everything else. Mr. Ward: Generally speaking, is that I thin'c 1<e'c be in favor of reducing the length of the road even if it meant that wherever there were lots Vle'd have some flag lots or something to eliminate some road pavin'J and other problems. But I thin" these are all things t'lat would be addressed in the environmental revie1<. You're asking for an off tne top of the head comment there's one, the cul--ce--sac shouldn't Joe that far out on 'a pe'1insula, things li',e t.hat. But t'1ese are all things that would be addressed in tne environmental review. Mr. Gazza: I'm trying to clean up the map. If we can clean it up and ma',e it bet ter, it ma1,es for less review and gets you something closer to what you're loo'dng for as an end product. Do you find fault ,d tl-J three lots on the point? Mr. OrloVls',i: We could give you all these anS1<ers tonight, r,ut after 1<e do the environmr~ntal review it' II change tl,e whole thing. Mr. McDonald: I want. to ma',e another comment. We need to be very careful. If this is a Type T action, and we are negotiating about. I.hat you want to do, in a sense, obviOUSly you're only listening, you're not. agreeing to anything, you're just get.ting comment.s. Are we conditionalizing your approval in such a ",ay that "'e ma'ce your SEQRA illegal? This is a Type I action. We cannot issue a conditional approval, 1<hich means we can't sit COIro 1<it." your map and start making deals aJ-xJut this map to mitigat.e the impacts on it. You can submit , '.', . . Southold To\;n Planning Board 26 May 3, 1993 whatever you want and try to mInImIze it, and you can read our experts report and come bacl, with a different application to try to ta'ce care of that. But i.f we sit dm;n and start trying to actually mitigate these; I'm not sure, "ut I get the strong feeling that that's a conrJitionalization, in a sense, and not le9a1. I'm not sure of that, but everything I've read Jives me t'1at impress-- ion. It may not he formally conditional c'ec1aration, "ut it is in fact '-,ecause you've made all these decisions to mitig<ltc? it. I ',now it's tec'mical. Mr. Latham: I tl1ink you're right. Mr. McDonald: Because >ie've been sued about tl1is and lost. Mr. Ward: Can I make a su~gestion? Do you still ~ave some more you'n li~2 to go over? Mr. Gazza: Well, there's one more point. We l1ave on t~le peninsula nOli, four separate lots tl1at "ave access over a farm road rigl1t of way that's '>een in existence since Wendel, '>efore Tabor and Jou~\<en. ~'ose four lots, would tl1ey qualify for four huilding permits at tl1is time? Mr. Ward: Well, you'd l1ave to prove access. Mr. Kiernan: Four single and separate lots? Mr. Gazza: We l1ave four single and separate lots. Mr. McDonald: With access, you'd he entitled. Mr. Gazza: Would we have to come before your Board for determination as to the improvement of that access road? Mr. McDonald: No. Mr. Kiernan: You mal(e an application to the Building Dept., they grant it and no one challenges tl1eir building permit; you're in. If they deny you, you need to go the 7BA for a 280A variance... Mr. McDona Id: Or \<hatever else he denied you for. Mr. Gazza: W'10 would set t'le improvement criteria for the access road? Mr. McDonald: C;:BA. Mr. Gazza: If we didn't l1ave to go to 7BA, could the Building Dept. determine crushed stone or... " Mr. McDonald: If you don't have access, you have to go t~ the ZBA, so if you do have access then he just gives it to you. He just gives you your ,",uilding permi t. That's all t~ere is to it. It's ei ther l)lack or \{hite. Ms. Scopaz: Well, you have to have Health Dept. approval on that lot. . . Snuthold Town Planning Board 27 May 3, 1993 Mr. Gazza: OK, so we're starting out with four lots on to the table, w':1ich we have, and we're as!dng for nine. asl<: for? the peninsula, coming Is that too much to Mr. Orlowsl<:i: Four is better, if you're as'dng us. Mr. Lettieri: I thin";: 'vl,at Joe is really trying to say and I don't t'tin', he's loo'eing for a commitment, he's just saying do we have to go through this whole t'ting and in your heart of hearts you're saying t'tere's no way we're going to approve t':1is, maybe if you came in "ith less, the chances are... Mr. McDonald: I used Ploc!e as an example to the people who were just here. There was some talk they were entitled to 14, no one ever figured it, but t'tey were entitled to at least 10, I'm only guessing. Mr. Gazza: That's the oyster farm? Mr. McDonald: Yeah. They did four building lots; actually five lots. Now I'm not proposing any ratio or any equivalancy there. I'm just telling you that t'ley did t':1at and they got a Ne,gative Declaration because wl,at they did miti-- gated the prololems they were facing. You need to loo'e at it in the same ligl,t. I can't tell you the number, because again that's conditionalizing it. You need to make decisions about w'tat is in your best judgement and what you think from what you've read. You got alot of material from the DEC, you've done alot of wor!, already. Mr. Latl,am: They won't let you bridge this in any way? Mr. Gazza: They said a bridge was their alternative two or alternative three, after we've exhausted an alternate access. They 'lave a classification of alternatives that... Mr. McDonald: I hope it's two, because if it's three you've got another one after Ulis... Mr. Lettieri: I guess you all know Franle Cic'lanOlvicz, because I have shOlm tllis to Fran'c many years ago and l1e' s a designer of beautiful things awl he said we could really do a nice jolo. You wouldn't disturb anything and for whatever reason, the DEC seems to want us to go another way until we can't get.. . Mr. Lat'lam: There's a big hole down there with a fresh water pond in it, isn't it? Mr. Gazza: Rig11t here. , Mr. Latham: A big deep hole. Very good water. Nortl, of you there were three, four or five 1:1ig lots. Are they still there? Mr. Lettieri: I l,ave no idea. Mr. T~tl,am: This isn't Harold Reese's 'lere, or is it? . . Southol~ Town Planning Board 28 May 3, 1993 Mr. Lettieri: Yes, that's his. Mr. Warc: OK you folks can stay a couple of minutes, I'd just liKe to close the hearing and get rid of our tape at this point. Mr. McDonald: I ma'<e a motion to close this '1earing. Mr. l.3tharn: SeconC!. Mr. Ward: All those in favor? Ayes: Mr. McDonald, Mr. l.3tham, Mr. Orlowski, Mr. Ward. Mr. Ward: Motion passed. *****+*********************~*~ There being no further business to corne before the Board, the meeting adjourned at 8:30 p.m. Respectfully submitted, Mart'1a Jones Secretary ~~FChQ;8 ;\~~ ,~. . . TRUSTEES Jolm M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill SUPERVISOR SCOTT L. HARRIS Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF ToWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road . P.O. Box 1179 Southold, New York 11971 March 27, 1992 Joseph F. Gazza Attorney at Law P.O. Box 969 3 Ogden Lane Quogue, NY 11959 Re: SCTM *1000-22-3-20, 21, 22, 31-5-2 Dear Mr. Gazza: The Southo1d Town Trustees discussed your proposal to span town owned wetlands and waters in connection with your subdivision application, at some length, at our March 26, 1992 worksession. The Boards primary concerns surround wetland habitat fragmentation and potential degradation of the wetland associated with constructing homes and a road in this location. We believe these concerns can only be addressed through the SEQRA process and by comparing alternative development strategies. We do not want to overly encourage you in your endeavors for a road in this location. Absent a plan which would address our overall concerns for the site, which is contiguous to a Trustee designated Critical Environmental Area and a means of providing an easement which would clearly benefit the public (i.e. not provide an exclusive casement) we would be unable to help anyone wanting a road in this location. On face value, the Trustees might even have a problem with a public road in this location were the property entirely in public ownership. Any plans to develop the peninsula will have to take into account the possibility that the waters and nearshore areas of this "pond" are a finfish breeding area of considerable local importance. ....h " I , A resident population of white perch and immature striped bass exists in very close proximity to th! wetlands on this parcel as a result of the unique water quality and habitats provided by this estuary. The waters of this creek system are directly impacted not only by the quality and quantity of groundwater inflow, but are tempered by Long Island Sound waters penetrating the course sand and gravel barrier beach at the north end of the pond in addition to the obvious influence of Orient Harbor and Gardeners Bay through the mouth of the creek. We would encourage any proposal which would preserve this peninsula, thus protecting the unique scenic attributes of this site and the attendant water quality and fisheries of the pond. As discussed briefly on field inspection, we anticipate the public outcry attendant with any proposed development plans for this site to be severe. If we can be of further assistance please do not hesitate to call. ;p.lY:,. ~:I?r John M. Bredemeyer, III President, Board of Trustees cc. Planning Board JMB/djh \; , PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards · #~;F~. tl . f.~ %:~ (~"...'.: '? .:::, . ..:..c:. 1::1' ",."., - . en . \:'.,;. <= ~ f '~'-.: '" t:1J ""'" ;-.'~" . ~., ..t'_ "~". "'........v ..../!. .:,.. ,'.V'IV /"-1 ." -,;1> ,tlY ~~,...~ -~."{~~- '~, . scon L. HARRIS Supervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 4, 1992 Town Hall. 53095 Main Road P.O. Box 1179 Soulhold. New York 11971 Fax (516) 765-1823 Joseph Frederick Gazza P.O. Box 969 3 Ogden Lane Quogue, New York 11959 RE: Proposed Minor Subdivisions located at East Marion on Dam Pond. Joseph Frederick Gazza SCTM # 1000-22-3-19 Bernice Lettieri SCTM # 1000-22-3-20 Joseph Frederick Gazza SCTM # 1000-22-3-21 Grundbesitzer Corporation and Andrew Lettieri SCTM # 1000-22-3-22 Andrew Lettieri SCTM # 1000-31-5-1.2 Dear Mr. Gazza: This is in response to your letter of February 25, 1992 in which you protest payment of the environmental review fees that .. were quoted in our February 20th letter to you. Your letter questions the need for an environmental review by the Town. The attached letter from George W. Harnrnarth of the New York State Department of Environmental Conservation explains why the Town must conduct its own environmental review. It also states that the "Town of Southold Planning Board must reach its own determination of significance." In order for the Southold Town Planning Board to make a determination of significance, and complete the environmental review, it must review five long environmental assessment forms for five separate Type I actions. (The prior fee of $70.00 was -.,--- - , . for the review of a short assessment form for an Unlisted action. ) The quoted fee per application is $300.00. This charge is not covered by the initial application fees that you paid in 1985. The consultant will not be authorized to proceed until we receive your check(s) made out to the Town of Southold in the total amount of $1500.00 or in separate checks of $300.00 apiece. In closing, it would be appreciated if you would send written authorizations from Andrew Lettieri and Bernice Lettieri to act as agent on their behalf. If you have any questions, please contact Valerie Scopaz. Sincerely, ~vnLffd~~~ ~/f(f Bennett Orlowski, Jr. Chairman Enc l. VS:vs cc: Andrew Lettieri Bernice Lettieri " ~ oP~~\lfFOl.;~~~ li''''\';II''' I....)~....;. . .'. ~-.(.'.~' lr~ "" -~"', I:'::;:' ,,', ;....;:, (1, Cl ;., - \::; en f': ~ ~~.' f# .\ ~'':-~ ',. . , "\,.~O./.ifr ~~~jl :':>;:>:-:,-?;-...,:z:;:;fi)-' . PLANNING BOARD MEMBERS Bennett Orlowski. Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTI L. HARRIS Supervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box] 179 Southold. New York] 1971 Fax (516) 765-1823 December 18, 1991 Joseph Frederick Gazza, Esq. P.O. Box 969 3 Ogden Lane Quogue, New York 11959 RE: Proposed Minor Subdivisions located at East Marion on Dam Pond. SCTM ~ 1000-22-3-19 Joseph Frederick Gazza # 1000-22-3-20 Bernice Lettieri # 1000-22-3-21 Joseph Frederick Gazza # 1000-22-3-22 Grundbesitzer Corporation and Andrew Lettieri # 1000-31-5-~ Andrew Lettieri t-'- Dear Mr. Gazza; This is in reply to your letters of November 13th and November 25th in which you responded to questions that affected all of the above-noted applications. These questions had been set forth in a previous letter from this Board dated March 10, 1989. After careful review of these letters and the application files, it appears that the properties in question are not merged. Therefore, the Planning Board will proceed with its review of the applications of which there are five. A coordinated environmental review pursuant to SEQR was started on September 11, 1985 for four of the applications. However, a determination of significance was never made. It also appears that the environmental review of the southernmost lot owned by Andrew Lettieri was not started. In order for the Planning Board to comply with the State law and complete the environmental review, we will need a completed long environmental assessment form for each application. The short forms that were submitted in 1985 are no longer usable due to the designation by the Town Trustees on November 24, 1987 of Dam Pond as a Critical Environmental Area. According to the State Environmental Quality Review Act, all proposals in Critical f' . Environmental Areas must be reviewed as Type I actions. A long environmental assessment form is enclosed. After receiving the completed assessment forms, the Planning Board will continue the coordinated review that was started in 1985. The fee for our consultant's environmental review services will be sent under separate cover. Because of the length of time that has elapsed, we wish to send each of the coordinating agencies another copy of each subdivision map. It would be helpful if you could send the office eight copies of each of the five subdivision maps, plus eight of the general map that shows all of the applications. It also would be appreciated if you could complete the enclosed application form for the minor subdivision of the remainder of the Lettieri lot (SCTM ~ 1000-31-5-2.1) into three lots so that our file is complete. Since you have authored all the recent correspondence on behalf of the separate applications noted above, it has been assumed that you are the designated agent for each application. However, written confirmation of this from each of the applicants would be appreciated. If you have any questions, please contact Valerie Scopaz. Sincerely, ~ ~'/a. Bennett Orlowski, Jr.~'-/~ Chairman Encls. cc: Harvey A. Arnoff, Town Attorney Andrew and Bernice Lettieri """, t > Novem-.. ., ~.... 1991 Mr. Harvey A. Arnoff, Town Attorney c/o Southo1d Town Planning Board Town Hall 53095 Main Road Southo1d, New York 11971 ;,)ulJ{fa ~6 V5 Re: Attorney's Search, Title No. 8808-04436 Dear Mr. Arnoff, I 1 . . for your consideration the referenced search J J'o.JrJ"",i.,. 7"'" '. Joseph Gazza, Attorney to clarify information as set forth in the above fO"Qwp.,~ ~ Joseph FrederiCk Gazza, the owner of Lots 19 and 21, did not nor did his predecessor in Title. "Tabor" ever hold Title to Lots 20, 22, or 1.002 during the search period between 1957 to November 29. 1988. Although lots 20. 22 and 1.002 were owned by a common owner "Bukin" during the search period as can be determined by examining the Suffolk County Tax Maps, these parcels are separated by the Joseph FrederiCk Gazza parcel's 19 and 21 and are not con- tiguous. Lots 19. 20. 21. 22. and 1.002 have been held in separate ownership from each other since April 10, 1922 to November 29. 1988 (the search period). Very truly yours, J'!=: "'lAZ--zA PO,a. '1""1 Qv-o 5 ...... /oJ '1 II "IS"".') (JI'V C. .51- .r7t:.f. mv 2 5 1991 -00 . ,/.r ,. . . ATTORNEY AT LAW P,O, Box 969 3 OGDEN LANE QUOGUE, NEW YORK 11959 (516) 653.5766 (DAY AND EVENING) vUbFiLE: P6 lis . JOSEPH FREDERICK GAZZA November 13, 1991 Southold Town P.O. Box 1179 Southold, New Planning Office York 11971 Re:Proposed minor subdivision at East Marion SCTM#'s1000-22-3-19 to 22 inc. &1000-31-5-1.2 Dear Mr. Chairman Orlowski Jr., Please allow this letter to clarify, again, why no Planning Board subdivision was necessary when the Public administrator of Jal Boken's estate conveyed to Letteri three separate parcels that were "bound by one deed", as requested in your letter of 3/10/89 to the undersigned. The three parcels your concern focuses upon Lots 20,22,& 1.2 are shown in yellow on the photocopy of Tax Map attached hereto. As can be determined by comparison of the Administrator's Deed with the Tax Map or surveys on file with your office each parcel conveyed did not touch the other. Mr. Bok9n had owned three separate parcels from a time prior to your Board's existence. A title search was ordered by your Board prior to 3/10/89 as set forth in your letter and the undersigned discussed this matter with Deputy Town Attorney Matthew Kiernan over a year ago. I had believed the matter was satisfactorily explained. Please advise which Town Attorney I should review this matter with in order that your own council may so advise your Board in order that we may proceed with the subdivision request. Respectfully submitted, encl. cc: Harvey A. Arnoff-Town Atty 16 West Andrew & Bernice Lettieri 48 Cayuga JOSEPH St.,Riverhead,NY , Yonkers, NY 10710 ""\ ,~~. ....~'. . ~~ s~ ~~ ~ ~ --~--- __c.:'.::':':~........... ~ - ..D,lIO .~ 1.001.\ ".1 n.IIl.' \ \ \ I / ( , ',. ____,J () ... .,.soI.' ~. - 0' \:.- r; N_ , ' ...............tKC,.._ on......-., ~ ~I"- . ~ ~ ~ -,,"- ~ .~ . tit 1(0 _0 II. ~,~, .," @ 4 ...... . "'U ""'0' : !...!!!.!... - PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards J " \\c;,UfF~ ~.'V... ~~. a .~""''0' tnr . .:!: ~.. ~ ~. . ~ ~Q./ riP i-~~. f SCOTI L. HARRIS Supervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 November 8, 1991 Joseph Frederick Gazza, Esq. P.O. Box 969 3 Ogden Lane Quogue, New York 11959 RE: Proposed Subdivision in East Marion on Dam Pond. SCTM * 1000-22-19 - 22 and * 1000-31-5-1.2 Dear Mr. Gazza; This is in response to your recent inquiries about the Planning Board's position on how to provide road access to portions of the aforenoted property. After reviewing the file and the circumstances, the Planning Board finds that it is unable to respond because you have not provided proof that the property was legally subdivided in 1981 and 1982 by the Public Administrator of Jal Bukin's Estate. This legal problem was brought to your attention in our last letter to you, dated March 10, 1989, a copy of which is enclosed for your convenience. We look forward to receiving your reply. Sincerely, '~;J~~~/"l-./ttS Bennett Orlowski, Jr. Chairman cc: Harvey A. Arnoff, Town Attorney Robert S. DeLuca, SCDHS, Office of Ecology Royal R. Reynolds, SCDHS, Bureau Wastewater Management George W. Hammarth, NYSDEC, Sr. Environmental Analyst Vito Leno, NYSDOT, Regional Permit Engineer, Region 10 /~. ,,' . . SJio pc;. IjS JOSEPH FREDERICK GAZZA ATTORNEY AT LAW P.O. Box 969 3 OGDEN LANE QUOGUE, NEW YORK 11959 (5' 6) 653-5766 <DAY AND EVENING) , October 15, 1991 New York :,ta te Department of Environmental Conservation Building 40, SUNY Stony Brook, New YOrk 11790-2356 ~ ~ @ ~ 0 \Yilr-f'l~,i ; III c~~: i~J Re: DEC Application No. 10-87-1200 Dam Pond, East Marion, Southold Dear Mr. George W. Hammarth, Thank you for your status update letter dated September 20, 1991 pertaining to the above referenced. Your 1991 letter focuses on the identical two (2) issues outlined in your 1990 letter. Upon my receipt of your 1990 letter, I forwarded to you by mail on August 17, 1990 (see copy of transmitt~d letter attached) four (4) revised subdivision maps updated on auly 27, 1990 to show all building envelopes a minimum of 15 feet landward of the Tidal Wetland boundary as determined by DEC staff and dimensionally noted by you on map print accompanying your JUly 17, 1990 letter (copy attached). Attached hereto, are four (4) prints of the updated July 27, 1990 subdivision map, further amended ~ to show building envelopes on all lots. , The roadway issues have been the subject of review since 1977, as detailed in my letter to you of April 17, 1991,copy attached,with attachments. I was advised yesterday by the Southold Town Planning Board that the Co~ Beaoh Estates subdivision map to the west and north of the above referenced is comatose. This la~ge subdivision's sponsor, Mr. Harold Reese, Jr. has submitted voluminous application I? material and undertaken legal action due to the upzoning affecting his proposed subdivision as per my telephone conservation with Plan- ning Board staff ye~terday. Despite requests by the undersigned over the past several years to the Planning Board regarding a road access connection thru the Cove Beach Map to connect into the Penninsula portion of the above referenced development. No such access connection has been provided or uesigned. Has your Agency required of the Cove ) ? Beach developers to provide an access connection for my property dur- ing the course of your Agency's review of the Cove Beach Estates Map which I believe was issued a Department of Environmental Conservation Permit in the late 80's? ,-c V/r:-C-..,"t.... -" . . ..... JOSEPH FREDERICK GAZZA ATTORNEY AT LAW P.O. Box 969 3 OGDEN LANE QUOGUE. NEW YORK 11959 (516) 653.5766 (DAY AND EVENING) continued I agree with you that Plan A, as set forth in your letter of September 20, 1991 is the best solution, however, despite fourteen (14) years of attempts, I have been unable to obtain the access easement over the adjacent property. If in your opinion your Agency can assist in any way in fostering cooperation of my neighbor to accomplish this access easement, kindly advise. Al- ternatively, I must continue my Application with what I have. I have an existing farm road crossing over the wetland area that has been in existence and in use for over seventy (70) years. This road's width is approximately 12 feet but does have shoulders of approximately 8-10 feet on each side. The road and shoulders are clearly not wetlands but an adjacent area. I believe that it is possib~e to continue use of this existing roadway with minimal im- provements that will satisfy access safety and create "0" distur- bance to the wetlands. In accordance with paragraph 4 of your letter of July 17, 1990, the proposed roadway was designed to be of water pervious material (gravel-bluestone) of a width of twenty (20) feet as detailed on the Revised Road Plan and Road Drainage Plan (four (4) icopies of each were submi tted on August 17, 1990 to you). Possibly the ten (10) foot shoulder between the twenty (20) foot roadway and the proposed wood buldhead is the problem and the shoulder could be eliminated and replaced with a bUlkhead/guard rail/or retaining wall adjacent to the twenty (20) foot roadway. I look forward to re- ceiving from you a photocopy of the bridge plans that the DEC con- sidered for the East Hampton Application so I can compare the bridge with the twenty (20) foot crushed stone road regarding costs and im- pacts. . I will get ba~k't~~ou after I attempt once more an access easement from Cove Beach. Reg Gazza encl. cc: Andrew and Bernice Lettieri 48 Cayuga Road Yonkers, New York 11710 c, ~ , I ;'1". "'.. ..Jov"",.I. "'1.~""",.... ,- "'.,...." ~,tl"".. -'. t~'''''' ; \/ i~t..\~:c.. J'<. r"...... ~~-- .-- .... . . JOSEPH FREDERICK GAZZA ATTORNEY AT LAW P.O. Box 969 3 OGDEN LANE QUOGUE. NEW YORK 11959 (516) 653-5766 CDA Y AND EVENING) october 16, 1991 Mr. Harold Reese, Jr. 855 Sunrise Highway Lynbrook, New York 11563 Re: Cove Beach Estates, access roadway at East Marion, New York Dear Mr. Reese, Attached please find copies of correspondence with earlier owner of the Cove Beach property outlining my interest in sharing the access roadway that leads to your property. A proposed sub- division map of our property is also enclosed for your review. I have sketched in "red" that portion of the road system and property you own that we would be interested in using as access for our lots. As is readily apparent side by side roads would subtract from both our properties while sharing the "red" common road together with the improvement costs thereof would compliment our subdivisions while lessening our individual development costs. Kindly advise if you would consider discussing with me this idea in person at the time and place to suit your convenience. encl. cc: Andrew Lettieri 48 Cayuga Road Yonkers, New York very~.~ yours, JO'O'h\,\).~iC' Gazza 'ill rn @ ~ D \~ Ig ;;:: :" i! U}: ,I/J L.; , SOUTHOLO TOWN PLANNING B04RD Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 ~ ,,-/. ,.yr'~~.:~f~: ,,":t;;:;'~>:~ 'r. '.'\)... "" j',.. ....<'...;,. ~~~ '1.<''''' m""","'" '.:~\ '::;;,J ,t,'" ,,' ~ "- "J ~.:,~ L~:,\ }:~~t ~ 'N .= .~. """"/ ".-,.) ~~ ';::; .:...." "'.:f:-;$,~;", r~ ~ ,.. '-' .',;.~, I., "'.j\~ --"1 ,.,j, . ..~,., - , , " ,\ . ...-~.'.. '"%"'''''' .I.~'"'' , ",'" 'f', ".lot-. ,,'- ,. '., ~ :,~ "'i< ~ ":;'\.)\ .- '. ,;:../11 .', -\y, ,01 ...,....a.~., -~'-->. . . -"..' ( , .".-...;..,.~...... ~'",.......- c-- , '. ., TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 10, 1989 Joseph F. Gazza, Esq. P.O.Box 969 3 Ogden Lane Quogue, New York 11959 Re: Proposed subdivisions on SCTM *1000-22-3-19, 20,21,22, and 111000-31-5-1. 2 Dear Mr. Gazza, After conferring with Robert Greene of the New York State Department of Environmental Conservation, the Planning Board has decided to proceed with its environmental review pursuant to the New York State Environmental Quality Review Act. The Board will be taking lead agency on each of the applications. However, its review of the applications will be coordinated; that is the five applications will be viewed as one overall application. The Board is in need of ten more copies of the survey maps showing all five of the subdivision proposals, and which also includes the setoff that was approved by this Board in June of 1985. Upon receipt of the maps, we will begin the coordinated review in accordance with 6NYCRR Part 617, with the New York State Department of Environmental Conservation, the New York State Department of State, the Suffolk County Department of Health Services, and the Town Board of Trustees. The Planning Board wishes to coordinate the review of all these agencies, since permits are required by each of them, at the same time. Therefore, it is requesting your cooperation ip providing ten more copies of the above mentioned proposals. A title search was ordered on the above-named properties. It appears that lots 20, 22 and 001.002, which were conveyed in. 1981 and in 1982 by the Public Administrator of Jal Bukin's estate, were held at one time by the same person. There is no record of a subdivision of said properties by the Planning Board. Please provide information as to how the Public Administrator conveyed three separate parcels that were bound ... .( . .., ~ , <<: by one deed to various entities without benefit of Planning Board review and approval. No further action will be taken on the subdivision applications for the above-referenced parcels until the requested information and the maps are submitted to the Planning Board's approval. If you have any questions, please do not hesitate to call this office. cc: Robert Greene, NYSDEC Robert S. DeLuca, SCDHS, Office of Ecology Royal R. Reynolds, SCDHS, Bureau Wastewater Management Frank A. Kujawski, Jr., President, Board of Trustees James A. SChondebare, Town Attorney Andrew and Bernice Lettieri, Applicants r~~ ~~ rAn ~ 10 ~ #~/ /l/Yf"p~ - ?lfl V~:::;~4/ 20/ ~~t~1,/ ~.:.v;Pu~ . ,// 14..()O.' (8187)-30a NI:W YORK STATE DEPARTMENT OF I:NVIRONMENTAL CONSI:RVATlON REGULATORY AFFAIRS . SjJ,Cj~/~ INTERoOF"E SPEED MEMO (USE ONLY FOR UNOFFICIAL CORRESPONDENCE) TO: /O/d.s~ REPLY REQUIRED BY DATE RETURNED: REPLY AT BOTTOM OF THIS FORM ~^<. !Jc - .:jf~ ~ -7 IJ If ~ _~ ~ 7 "7A'o/~/ 2d4 --?> 'vQ ~dA"~ ~ ilk ~ ~ 6 ~ O.aDA1-.09._, ~ ~-P<-<24( ~r/. o F=/ /' '" ~~~ ~~ . REPLY r! ,.1- New York State Department .nVironmental Conservation . Building 4D-SUNY, Stony Brook, New York 11790-2356 c (516) 75]- 1389 ....;., , Thorn Cornm Septebber 20, 1~91 Joseph Prederick Gazza, Esq. P. O. Bqx 969 3 Ogden :Lane Quogue, N.Y. ] 1959 RE: DEe Application 1/10-87-1200 Dam 1pond Subdivision, East Marion, Southold Dear Mr. Gazza: I am writing to update you on the status of the referenced application for a Tidal Wetlands permit to subdivide a' 36 acre parcel on Dam Pond into 12 lots 'and construct an access road. To date, the simhas been visited seve~al times by Department staff fo~ inspection and wetland boundary delineation. The issues of concern have been the- proposed access road and the loca:tion/configuration of the building envelopes on several of the lots. i Xy lette:c to you dated July i7, 1990, iscussed the Department ts concerns about the roadway and several of the propo~ed lots. In response you sub- mitted detail drawings of the roadway and fidditional prints of the subdivision map upda'ted with our field flagged tidal wetland boundary and the designations of the a;reas in question from the Tidal Wetlands Map. Our review of these items indicates that the roadway and building envelope is'sues are still unresolved. Roadway The detail drawings indi<;:ate that thel section of roadway crossing the wetland area will be at least 40 feet wide:. As stated in my July ]7, 1990, letter, the Department objects to the cons~ruction of a 40 foot wide roadway across the wetlands because of the filling: and wet1and destruction involved. Also, we felt that a 40 foot wide roadway is not necessary to access a maximum of only nine homes. we have changed our position on the roadway to a hierarchy of alternatives based on the expected adverse impacts to tidal wetlands: (A) Gain access to the area of the subdivision north of the wetlands by using the proposed street on the adjacent property to the west, Cove Beach Associates. This roadl'appears to run north, past the landward end of the tidal wetland area to a point where a roadway could be constructed eastward acr ss lot #1 of the Grundbesitzer Corps west parcel to join the cur~ent alignment. This arrangement will require the negotiationlof an easement wjth the adjacent ~roperty owner, but seems to be t~e most efficient as well as the !n(lst enviTon~c;1tally sound solution. . . Joseph Frederick Gazza, Esq. September 20, 1991 Page 2 (c) If alternative (A) proves impossible, construct a bridge to :carry , . the current alignment of the proposed access road acroSS the wetlands. The length of the prbposdd bridge does not appear to be exc~ssive, and the only disturbaqce of wetland necessary would ~e ror footings. ' A very narrow, maximum .Width 20 fee~:, roadway s~...;rfaced with gravel through the wetland area. This roa way would have to be proposed in a manner that absolutely minimiz s the amount of wetland area destroyed. The proposed 20 foot wide gravel roadway with 10 foot bulkheaded shoulders is not acceptatile. (B) To proceed, please submit a written stat~ment evaluating alternatives A - C above and the currently proposed 40 foot wide roadway. The statement should explain, in as much detail as necessary, the feasibility of each of the four alternatives from an environmental, economic, practical (construction techniques, etc.) and legal (will all involved agencies' regulations allow the alternative?) standpoint. Please provide written documentation of any claims made. This evaluation of alternativeb will lead to a chosen alternative. I If the ~hosen alternative requires damagl to the tidal wetlands (if alternative B - C, or the original are chosen), the written statement must include an additio~al section acknowledging the ract that the alternative includes activities (filling, construction of bulkheading, driving piles or footings) which are listed as presumptively incompatible with the preservation and protection of tidal wetlands and their values in 6NYCRR Part 661.5 (Tidal Wetlands Land Use Regulations). This section must demonstrate that the alternative chosen either: (1) Will ~ot ilave an adverse impact on ~idal wetlands and demonstrate how; or (2) The need for the project is so great that it overcomes the presumption or incompatibility assigned the activity in the regulations. If ~ot already included section to elaQorate on any conflict with DEC's and to in the alternati~e discussion, this is the requirements or :other involved agencies which describe any mitigation measures proposed. Building Envelopes Please refer to the print of the subdiv:sion map sent with my July 17, 1990, letter. This map indicates the lac at ions o~ the required stakes A - CC ror the field inspection. The Ju~y 17, 1990, lette~ includes a list of stakes which were found not to illeet the 75 root setback r;equirement of Part 661.6. The latest subdivisio~ map (received August 17, 1990) has ~ot been updated to show all building envelopes a minimum of 75 feet landward or the tidal wetland boundary. PleCise see page 2 or the July 17, 1990, letter which lists each stake rou:ld to be less than 75 'feet troiTI t:...'2 tidal .wetland boundary. As can be see~ from the marked print of the subdivision map, there are rour lots ~ilicll co~t2ill I)u~lding envelop~~ which do ~ot meet set~acks. Please relocate the juildiilg cnve~opos on thes~!lots to meet tIle required 75 ~O('~ [i,inimum sethack. ^~: the :ots are all ttlatively l2tgc, -it should be a i3irly simple; !;~dt:ter L" ,-cd'-.'si_\c:":. t-)Ie' €c.velopE'.1-; to comply.-: II j-: . ~. . Joseph Freqerick Gazza, Esq. September 30, 1991 Page 3 Please be certain to measure. setbacks fro~ the DEC fVagged tidal ~etland boundary shown on the survey. Please ,discuss our requirements with the other appl icants. If you have questions, pleade call me at 751H1389. Upon Feceipt of: , ' - An aciceptably revised subdivision map showi~g all 'building envelopes ia minimum of 75 feet from the! DEC flaigged tidal wetland boundary and the roadway realigned through the Cove Beach property to avoid tidal wetlands; or - Revised subdivison map with correct buiilding envelopes and the current road alignment with an acceptable bridge over wetlands; and I - The alternative discussion/presumPtivel~ incompatible project evaluation, \ we will be able to proceed. Thank you for your attention ,n this matter. Very trJly yours, ~I- /-'-_..... r'--~.. :l' George Senior ~~ Hammarth Ervironmental Analyst GWH/nl cc: file -.... . . . . SJIo p(b. IjS . JOSEPH FREDERICK GAZZA ATTORNEY AT LAW P.O. Box 969 3 OGDEN LANE QUOGUE, NEW YORK 1 1959 (516) 653-5766 (DAY AND EVENING) October 15, 1991 New York State Department of Environmental Conservation Buildin~ 40, SUNY Stony BroOk, New YOrk 11790-2356 IDl m @ m f Wlli:r~1 Ul1 OCT I 8 1991' i~ Re: DEC Application No. 10-87-1200 Dam Pond, East Marion, Southold Dear Mr. George W. Hammarth, SOUTHOLD TOWN PlANNING BOARD Thank you for your status update letter dated September 20, 1991 pertaining to the above referenced. Your 1991 letter focuses on the identical two (2) issues outlined in your 1990 letter. Upon my receipt of your 1990 letter, I forwarded to you by mail on August 17, 1990 (see copy of transmitted letter attached) four (4) revised subdivision maps updated on July 27, 1990 to show all bUilding envelopes a minimum of 15 feet landward of the Tidal Wetland boundary as determined by DEC staff and dimensionally noted by you on map print accompanying your JUly 17, 1990 letter (copy attached). Attached hereto, are four (4) prints of the updated JUly 27, 1990 subdivision map, further amended to show building envelopes on ~ lots. , The roadway issues have been the subject of review since 1977, as detailed in my letter to you of April 17, 1991,copy attached,with attachments. I was advised yesterday by the Southold Town Planning Board that the co~ Beayh Estates subdivision map to the west and north of the above referenced is comatose. This large sUbdivision's sponsor, Mr. Harold Reese, Jr. has submitted vOluminous application material and undertaken legal action due to the upzoning affecting his propoSed subdivision as per my telephone conservation with Plan- ning Board staff ye~terday. Despite requests by the undersigned over the past several years to the Planning Board regarding a road access connection thru the Cove Beach Map to connect into the Penninsula portion of the above referenced development. No such access connection has been provided or uesigned. Has your Agency required of the Cove Beach developers to provide an access connection for my property dur- ing the course of your Agency'S review of the Cove Beach Estates Map which I believe was issued a Department of Environmedtal Conservation Permit in the late 80's? cc V(llM~ "'/ . . . "- ~ JOSEPH FREDERICK GAZZA ATTORNEY AT LAW P.O. Box 969 3 OGDEN LANE QUOGUE. NEW YORK 11959 (516) 653-5766 <DAY AND EVENING) continued I agree with you that Plan A, as set forth in your letter of September 20, 1991 is the best solution, however, despite fourteen (14) years of attempts, I have been unable to obtain the access easement over the adjacent property. If in your opinion your Agency can assist in any way in fostering cooperation of my neighbor to accomplish this access easement, kindly advise. Al- ternatively, I must continue my Application with what I have. I have an existing farm road crossing over the wetland area that has been in existence and in use for over seventy (70) years. This road's width is approximately 12 feet but does have shoulders of approximately 8-10 feet on each side. The road and shoulders are clearly not wetlands but an adjacent area. I believe that it is possib~e to continue use of this existing roadway with minimal im- provements that will satisfy access safety and create "0" distur- bance to the wetlands. In accordance with paragraph 4 of your letter of July 17, 1990, the proposed roadway was designed to be of water pervious material (gravel-bluestone) of a width of twenty (20) feet as detailed on the Revised Road Plan and Road Drainage Plan (four (4) icopies of each were submitted on August 17, 1990 to you). Possibly the ten (10) foot shoulder between the twenty (20) foot roadway and the proposed wood buldhead is the problem and the shoulder could be eliminated and replaced with a bulkhead/guard rail/or retaining wall adjacent to the twenty (20) foot roadway. I look forward to re- ceiving from you a photocopy of the bridge plans that the DEC con- sidered for the East Hampton Application so I can compare the bridge with the twenty (20) foot crushed stone road regarding costs and im- pacts. . I will get back'to'''you after I attempt once more an access easement from Cove Beach. Reg Gazza encl. cc: Andrew and Bernice Lettieri 48 Cayuga Road Yonkers, New York 11710 c, S.",.Io.IJ 'To.... PtA~,,:,,) ~+. /II... ; l/,.tA~ .Jt.,,,~ " . . " . f JOSEPH FREDERICK GAZZA ATTORNEY AT LAW P.O. BOX 969 3 OGDEN LANE QUOGUE. NEW YORK 11959 (516) 653-5766 (DAY AND EVENING) october 16. 1991 Mr. Harold Reese, Jr. 855 Sunrise Highway Lynbrook, New York 11563 Re: Cove Beach Estates, access roadway at East Marion. New York Dear Mr. Reese, Attached please find copies of correspondence with earlier owner of the Cove Beach property outlining my interest in sharing the access roadway that leads to your property. A proposed sub- division map of our property is also enclosed for your review. I have sketched in "red" that portion of the road system and property you own that we would be interested in using as access for our lots. As is readily apparent side by side roads would subtract from both our properties while sharing the "red" common road together with the improvement costs thereof would compliment our subdivisions while lessening our individual development costs. Kindly advise if you would consider discussing with me this idea in person at the time and place to suit your convenience. encl. cc: Andrew Lettieri 48 Cayuga Road Yonkers. New York Very tr(~ yours, 'o"o~4i", Gazza 00 IE @ ~ ~ If ~ It ~i H ; , d Ii:; OCT i 3 1991 : LJ . SOUTHOlD TOWN PLANNING BOARD , . . . . JOSEPH FREDERICK GAZZA ATTORNEY AT LAW P.O. Box 969 3 OGDEN LANE QUOGUE. NEW YORK 1 1959 (516) 653-5766 (DAY AND EVENING) 04 &=iLE: P8 J'S July 23, 1990 Southold Town Planning Board Town Hall - Main Road Southold, New York Re: Minor Subdivision of Lands of Gazza Minor Subdivision of Lands of Lettieri All situate at Dam Pond, East Marion, NY Dear Mr. Chairman Orlowski, Enclosed please find update status letter from NYS DEC Dated 7/17/90 relative to the above referenced. Our surveyor is presently amending the necessary building envelopes on the overall subdivision map to satisfy the concerns of the DEC. The revised prints will be forwarded to your office as soon as they are available. The proposed roadway detail sheets,ten sets of which were submitted to your department for review on 6/3/89 have not to the undersigned's knowledge, to date, been approved or denied. The DEC has recommended that the roadway width be a maximum of 20 feet and constructed of pervious stone in the area between Station 12 and 16 as shown on road and drainage plan above referenced. Prior to having the road plan maps revised to satisfy the DEC concerns I believe your Boards Review and recommendations should be additionally addressed. Kindly advise when we may expect to receive a decision and/or comments from your Board pertaining to this matter. Very truly you s, Encl. cc: Andrew Lettieri \, ~\it '2. 1 \C?\') ~.., . . , New York State Department 01 Environmental Conservation Building 40-SUNY, Stony Brook, New York 11790-2356 (516) 751-1389 ~,:" ~'Ij'''',,> ',' " ",", ':', ~~:,~,;:.uw ~' '~1t1l~~ July 17, 1990 Thomas C. Jorllng Commissioner Mr. Joseph Frederick Gazza, Esq. P.O. Box 969 3 Ogden Lane Quogue, N.Y. 11959 Ro: 10-87-1200 Dam Pond Subdivision East Marion, Southold Dear Mr. Gazza: I am writing to update you on the status of the referenced application for a tidal wetlands permit to subdivide a 36 acre parcel On Dam Pond into 12 lots and construct an access road. We have completed a field inspection of the staked project site and have identified several aspects of the proposal which do not meet the development restrictions of the Tidal Wetlands Land Use Regulations (6 N.Y.C.R.R. Part 661). The proposed roadway and the building envelopes on several of the proposed lots do not meet the minimum setback requirements of Part 661. As you know, the minimum setback for paved structureS is 75 feet from the landward edge of tidal wetlands. The proposed paved roadway will be constnlcted across an area of high marsh tidal wetland wi th a 0 foot sei:back. We object to the construction of a 40 foot wide paved roadway in this wetland area. In addition to not meeting the minimum setback requirements of the regulations, we believe that the proposed 40 foot roadway vidth is excessive, as there will be a maximum of 9 houses in the area north of the wetland crossing. The roadway should be reduced in size and redesigned to minimize impacts to tidal wetlands. 'l'he road should be constructed of water pervious material such as gravel or blue-stone (at least where it approaches and crosses Lhe wetland), and a maximum of 20 feet wide. The field inspection also revealed that the buildirig envelopes on several of the proposed lots do not meet the 75 foot minimum setback requirement of Pi\;t:".6Gl. As the number Lng system for the lots is confusing, I will give the setback measurements for each . . " .. Dam Pond Subdivision - 2 - 10-87-1200 stake that was found to be less than 75 feet from the wetlands. using the enclosed print of the survey which shows stake locations, you can see fairly easily which lots have building envelopes which must be modified to meet the 75 foot setback. StakeiDesiqnation Field Measured Wetland Setback BB AA E F G o P 57' Not Found 69' 65' 71' 68' 56' The building envelope design for the lots delineated by these stakes should be reworked so that all building envelopes are at least 75 feet from the wetland edg~ Please submit 4 prints of the survey revised to show the redesigned building envelopes and roadway with 4 prints of the revised roadway detail sheets. Thank you for your cooperation. Very truly yours, ~j)W<~'~ George Hammarth Sr. Environmental Analyst GH:slc \.f ." ~ />;""-7/;:: &;J') -' - l) { (, f'"' . ,ff;w.r~. /rJ>~ ""1='" ',"'Q;., .ly~ ,~\ , "VI .P',~, ,Y."~ ,.<,~~!;' _~a"';" ( $:;" ,4,it""""!~ ~,,\ . ':" ",":~- i t')';:!l::'\!ft:~-::" '~--"" "~ ,'~ -- of. .,.,lI ~$,/r<~~.- (, .........:'~ 'i'-' ii' '1-':, _,'1".;,_ '. .'t ,~ '.::;j, """,p',r' '~;:J;,,' .\c_.;,;,-,; :<\:'~': "I ~ t,>.l....'\F~~" ~" \~~;~-:r:i ~,~,; '~l \4 ~. ':. '~:J'" ':tli,Y.'., ".l:' ~':>i: -4,.,<$ >;;'':<:- ,,/ '<2.~~;j~)r;; ..' TF:li~ // t~l t~, -~. ::, L_Lt~.~_Jl.~il-"~ !LilfJUL - 61989 I L.., -....,'",.,,-, e!'~~/J}' rO\\T. H~l1L 53095 ;v1,1in Ko;!d p.ei. Box 117'-:' \Ct;,',l(<d. 1'< c \,,- Yo6: 1 j(l"/": ~A ~-- ;"1 LFPHO"'>ji {::; ; (; 765 -1 9":~ ?:,__,ANNfNd :'}~lAtU) OFFICE TG)4'l'~ (if" JO'~T"{'lOLD ,T\~r,c 19, 1989 1!DJ~,1ULlSL~ (r)) Welt 1 7 ~ t , S;lDTIKii'";~":: :"';~'~ .:_~."., PlAN:''i;:l,;'" ',': "........... ,.;';,~.~ -' '; ....Josc::ph G(iZ:-~; P . C _ -;~j(:, )-,- J ::~ =~ Ogde:1 L2..~1C~ Q(1 oqu '-3 ~ '(iY '.\. 19 ':"":. ~;; RE: Gazza/Lettieri :"C','l'i #1000-22-3- (19-22) Deat: iJIr_ GaZZ3: A rcv_~.e;'l oi: o..r :bOD};'S indic&t8.:; "C.hat the fees for the ongoing cnv:.i_l~c);:1m~:nt_al rEv.i,\;;y,ol of tr.(~ ~~,bove-referenced project subject 'co tbe Nr~~'l Yo':;,;. StaJ.::.e :;~n"i.lj_ronr:lent.al Quality Review Act l1Rve not b0~n paj~6. EnClosed ~\I':)U \"il~l_ f~Lrh~l 3. copy of the bill that was sent to 1~hc PlanniLq Board 'r:~y its e:iV: :l:onmE,n'cal consultant, Szepatowski Associa.t.e3,. Inc~ f-jr tb:.~ :cC'~.riew of the above-na~1'ed project to dc.-,t(:;:. It- /()";]ld be a~)j)YcciF?~tcd if: you wou~d. siiliraj_t the balance, w~d.C:'l is $7).C'~, t.,:) -L.:i;:; o.::f5ce b~/ J\j}y 3, 1989. ::f i<I;~- [;;"'":.\72 -3'1'_.' ':_-L-~;:-.;(:':'Q; r :t=-1~~'~(iS2 (-"j<) ....ot hesitate to cont2ct t~is 0~fi:e. q A z:t.,o.'Lv Lf,.. tJ 2170 c~???~P/ ' .. 4'- ' :-3EN; :J?TI' Oi1LOWSKI, 3R. ~ r,-~FiJ\I"R.M.A{{ /Vr::xv / ,/' ,/ ,,-" " (' / - . l/:~~--.- \ ..! ,,' ~-' cc: l~.ai":CS J-I.. ::~cboncleba..i::-<,:;? 'Tot.;n Attorney ,Job:"j l-.. C1.'i~:;}lna_n, ~':C\'r;1 .7\ccOt.,nt2nt 7/11//) ,q,...~1 .l...L Il<c."..l:") ~ ,j- ~ r< ~...:,. *' fL.~") rJ~, ,....... - .._- .-..-.....,.. .~.... ., I' ,.:)Iijt.;_.,~ le~ ~ ,t ,T;'! ,~, SlH'ATOWSKi ASSOC!AT<S INC. ENVIROCiMENTA:. CONSULTt\NT5 UF..8!~:A;i:- A:~>'-~:-"~l:,&ll~,]l;:IJG~ ,t'" ~ il "~'I-tr' ,,-" ..01 Mr. Bennet O~lowski, Jr. Planning Board Chairman Southo16 ~own R&ll 53095 Main ROiid Southo1d, NY 11971 -.-. I .' " ! ~. ~ I' DATE 8/26/88 NUMBER D =--SC Rl rnON AMOUNT 1\Dgp-l Shore~. August ;C>crt~S Harold Reese/Cove Ec&ch Norris Prope~ty/Carr-Wa11a~ MarinZl Bay Club Cedar~iE'lds Gazza/Let:tieri TOTAL AMOUNT DUE = P2\YMEN'C [:'IJE UPON RECEIPT ThANK YOU $ 905.00 $ 615.00 $ 885.00 $ 900.00 $ 70.00 $ 35.00 $ "':1~.00 $3445.00 .* ,-,( e( " New York State Department of Environmental Conservation Building 40-SUNY, Stony Brook, New York 11794 .. ~ ~ (516) 751-7900 ,----.-....-- -.--'~' _....~.,~~--- '.'1 is Thomas C. Jorling ~ ......Commissloner "1'1 .:i1j\ Ii U i II-' I , January 9, 1989 ;1';' ;;"ll..q . i . . :SOUl: ]OLQ TOWN PLlmmm 80'.;<0 Town of Southold Planning Board Town Hall 53095 Main Rd. Southold, NY 11971 Attn: Bennett Orlowski, Jr., Chairman Re: Dam Pond Subdivision DEC No. 10-87-1200 SCTM No. 1000-22-3-19 thru 22 JUOU-J 1-0-1. L Dear Mr. Orlowski: I am writing in response to your letter of September 22, 1988, and a subsequent telephone conversation between Valerie Scopaz of your office and Robert Greene, the Regional Permit Administrator, concerning the above referenced project. Please accept my apologies for the delay in responding to your letter and telephone inquiries regarding a shift in lead agency under the State Environmental Quality ~eview Act (SEQR) from DEC to Town of Southold Planning Board. A review of our file indicates that an application for a DEC Tidal Wetlands permit was received by this office on July 9, 1987. I determined that the proposed project was an unlisted action pursuant to the listing of activities in the SEQR regulations, 6NYCRR Part [617.12, 13]; but suspected that the project might be considered a Type I action by the Town. A letter was sent to Town Supervisor Murphy on or about August 5, 1987, along with a copy of the DEC application, environ- mental assessment form and preliminary subdivision map. This letter was our standard "Lead Agency Coordination Request" form and indicated that the Department had n~ objection to the appropriate Town body assuming lead agency responcibilities for the poroject. The letter requested a response within 30 days of the August 5, 1987 date of the coordination letter as per Part [617.6(c)( I)]. As the 30 day period for establishing lead agency drew to a close with no response from the Town, I telephoned Diane Shultz of the Planning Board office, who seemed to think that the Planning Board would be interested in assuming lead agency for this project. However, no written response was received from the Planning Board until your September 22, 1988 letter. No further action was taken by the DepartmenC until November of 1987 when we decided to proceed with an uncoordinated SEQR review as per Part [617.6(d)], which resulted in our preliminary determination that the project will probably not have a significant effect on the environment. We then proceeded with our review of the project for specific tidal wetland impacts. In late August of 1988, we learned that there is a possibility of significanc cultural .( .( Bennett Orlowski, Jr. January 9, 1989 Page 2 resources being located on the project site and required a literature search and preliminary archaeological investigation pursuant to the State Historic Preservation Act. This work is on-going and will allow us to mak~ our official determination of significance. With regard to your request for our consent to a change in lead agency from . DEe to Town Planning Board, we feel that our consent is unnecessary. We believe that no actual coordinated SEQR review was achieved because no, written response was received to our August 5, 1987 lead agency coordination request within the statutory time frame. We initiated a coordination attempt, which was unsuccessful, so we proceeded with our own uncoordinated SEQR review which will likely result in a negative declaration. This uncoordinated review was started because we regarded this project as an unlisted action, and Part [617.6(d)(I)(2)(3)] provides for uncoordinated review of unlisted actions and separate determinations of significance from each involved agency. This situation may change if the archaeological work and literature search show that the site contains a prehistoric site listed on the National Register of Historic Places or nominated for inclusion on the National Register. If this situation arises, then we would consider the project a Type ] action from the new information. Coordinated review would then be mandatory. Please note that Part [617.6(d)(3)] states: "For uncoordinated review of unlisted actions, each involved agency must make its own determination of significance. Each involved agency is considered a lead agency wh en m.aking its determination of significance. At any time prior to an agency's final decision, that agency's negative declaration may be superseded by a positive declaration issued by any other involved agency..1I Since our agencies are involved in an uncoordinated review of this action, each agency must make its own, independent determination of signi- ficance. As mentioned above, the Department will probably prepare a negative declaration if tre archaeological work reveals no new information. Town of Southold Planning Board must reach its own determination of significance. A positive declarat- ion by the Planning Board will supersede a negative declaration issued by any other involved agency as well as prohibit involved agencies from reaching their final decisions until after a final environmental impact statement is filed and findings are prepared. We believe that the Planning Board does not need our consent to" act as lead agency, .and is free to make its determination of significance as it sees fit. I hope this adequately explai~s the Department's pos1t10n on the matter. If you have any questions or would like to discuss this further, please call at (516) 751-7900. GWH: j f cc: R. Greene J.F. Gazza, Esq. file Very truly yours, '.'t. ., 1r1 ,L/J ~ \1-<-('-"'1:). L(" 'Ncv",^"",'<Y'CV George W. Hammarth Environmental Analyst . ~. P~S'NI~'NGG~~BQ~\\RD ,., . ('" . "-'" "- ~ /',:'~"'."!-~:, :'. ~ ~ f/ ~ ...:.:.'..l.!i'....'.'.>'.'.,;~..l ....:: \-! TOWN O~\ SOu. II!LD >:l tr> ' '"",: I' '>i)" ,..,., ~ ~ ":(;;'. r)<~t,~, ~ Sli Fq['K~Q!} . y '<.1lj ;'11 ~~ ,~ . \ Southald. N, Y, 11971 (516) 765-1938 September 19, 1985 Mr. Joseph F. Gazza Attorney at Law 37 Gardiners Lane / Hampton Bays, NY 11946 Re: Subdivisions of Joseph Gazza, Bernice Lettieri, Andrew Lettieri, Joseph F. Gazza, and Lettieri and Grundbesitzer Dear Mr. Gazza: The following action was taken by the Southold Town Planning Board, Monday, September 16, 1985. RESOLVED that the Southold Town Planning Board request that the 50' right-of-way throught the above mentioned subdivisions located at East Marion be constructed in compliance with the Town of Southold Highway Specifications and Standard Sheets, (revised and adopted July 30,1985). Would you please submit construction plans to the Board, pursuant to the above resolution. The Highway Specifications may be purchased at the Southold Town Clerk's Office. Upon receipt of the plans, we will schedule this on the next regular Planning Board agenda. Please don't hesitate to contact our office, if you have any questions. Very truly yours, ~ ()rLowA..U.. .l ~ BENNETT ORLOWSKI,JR., CH{~N SOUTH OLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary . . Raymond Jacobs, Highway Superintendent, spoke to Joseph Gazza and Frank Cichanowicz regarding the roads within the minor subdivsiions for Gazza and Lettieri at East Marion. Mr. Jacobs advised that the access road will be required to be constructed as a major subdivision road to the specs and that it should be checked out with the Trustees since there is wetland area where the road would be. Filed: Joseph F. Gazza Joseph Gazza(Grundbesitzerl- landowner in German) Bernice Lettieri Andrew Lettieri Lettieri and Grundbesitzer . JOSEPH FREDERICK GAZZA ATTORNEY AT LAW P.O. Box 969 3 OGDEN LANE QUOGUE, NEW YORK 11959 (516) 653-5766 (DAY AND EVENING) ~'" r )...IJ. IO""J f{IiJ,.,''') ~DAr-4. f!.c.. !l : fVDI- ...,eCt 6.,,:.4._ _ k t: .-.A'" 6.;t"Z-.u I Lt'1JTt''f ftTt" -:IT"" /000 ~ 'Z,..'1- - J- ~ , "J I, r- I. L DtJ4' ~. O~L()wJ'k.: , .-_........ , ;-'1 ,,,) . '", . '0 vn r> --rnl.~...l l ; D) ._".~/..1~.,E;~~.:'.-1l...J5 , n l ! !' \,1- Il- L' Ulll JUL I 0 1900 ' i Ii ! , ~c;L7f:--)X51o\;;;~T_~-j P' ',.". qw " _...:~:.:.:t <::,~}"'~,;i~I"~W__'_ 7/(P/'" ,-,,"1../ , 7..1 , 1,.'l. + lJn () /E",.J.A l fV~ ;';..,J ,.,'-r.... PIE (.. I' 1, ?, -10 II.- ,41..... fl"'ft4 t"".., pl,. ~ J/A/ 1.> d.c.vl "'l .,..,. "'"'- ,.,...L. IIJ., '1vr '? ~ r.........J ~, ~o:t- .44.......... t1- /Co...J f~~ A J-.I' <: , . . New York State Department of Environmental Conservation Building 40-SUNY, Stony Brook, New York 11794 (516) 751-7900 ~ Thomas C. Jorllng Commlsslonar J'Ql,y 3, 1989 Joseph F. Gazza, Esq. P. O. Box 969 3 Ogden La. Quogue, N.Y. 11959 Re: 10-87-1200 Dam Pond Subd~V~sion Dear Mr. Gazza: I am writing to update you on the status of the referenced project. We appreciate the fact that the application has been pending for some time and are making every effort to bring the matter to a speedy conclusion. As we have recently discussed, the additional information provided in your January 17th letter has answered our questions about the Stage 1 Archaeological Survey. The survey is adequate. No further cultural resources information is necessary. To proceed with our review of the project for a tidal wetlands permit, we must confirm the building envelope setbacks from the tidal wetlands edge. Please have the building envelopes staked as shown on the attached plan. As usual, the stakes should be labeled, this time with the appropriate letter as shown on the enclosed copy of the staking requirement plan. Please also provide information on the proposed access road. Will the road be widened or paved? In the vicinity of the wetland crossing, we will require that the road be surfaced with crushed stone or other pervious material. As pre~ous1y stated; if improvements to the access road are proposed, please submit 3 copies of site plan and cross sectional views of the work. Please contact me when the building envelope stakes are set and you have decided what will be done with the access road. We will then re-inspect the site and proceed with our review. Thank you for your cooperation. Very truly yours, ~,W,~~ GWH : rw attachment cc: file George W. Aammarth Senior Environmental Analyst TELEPHONE (516) 765.1938 . Town HaiL 53095 Main Road P.O. Box 1179 Southold. New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD . June 29, 1989 Joseph Gaz.za P.O. Box 969 3 Ogden Lane Quogue, N.Y. 11959 HE: Gazza/Lettieri SCTM~ 1000-22-3-19, 20, & 21, 22 and 1000-31-5-1.2 Dear Mr. Gazza: The Planning Board has reviewed your letter in response to the Board's March 10, 1989 correspondence with the Town Attorney. The information submitted in reference to the previous property conveyances is not sufficient. The Board again requests that documentation be provided as to how the Public Administrator conveyed three separate parcels that were bound by one deed to various entities without benefit of Planning Board review and approval. Please cite appropriate sources to support assertion that Administrator could act as he did. No further action will be taken on the subdivision applications until the requested information is submitted to the Planning Board's and the Town Attorney's approval. BENNETT ORLOWSKI, JR. CHAIRl-1AN cc: James A. Schondebare, Town Attorney . ,;:>,:: :~~::;"'?;\;~', . .,,~ v.... "~'.,'J\ " "~"l >. "'., ,</_o~)" . ~f"y..z\ \ ~~' ..~i'.'~;;H~r~'\J \~ ~~ ;;l~~:'})~~>':":;f:,] "~\ .::;>, ,-,;,;.,~""iIl. ,~.._I ':~'.,_~"1n ";',j ':;;'./ '-~,_' ,''If -, "',,, '-'1'" -::_. - .':. .4 . /'~ ':~-",:"J.,..;~ . Town HalL 53095 Main Road P.O. Box 1179 Soulhold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 19, 1989 Joseph Gazza P.O. Box 969 3 Ogden Lane Quogue, NY 11959 RE: Gazza/Lettieri SCTM *1000-22-3-(19-22) Dear Mr. Gazza: A review of our books indicates that the fees for the ongoing environmental review of the above-referenced project subject to the New York State Environmental Quality Review Act have not been paid. Enclosed you will find a copy of the bill that was sent to the Planning Board by its environmental consultant, Szepatowski Associates, Inc. for the review of the above-named project to date. It would be appreciated if you would submit the balance, which is $70.00, to this office by July 3, 1989. If you have any questions, please do not hesitate to contact this office. If::;;; 22~~f!/ . ~;~~~Tr ORL~~SK~, JR. ,/- , CHAIRMAN cc: James A. Schondebare, Town Attorney John A. Cushman, Town Accountant (u. DE'A.. P'A''''''~ r.., .t.U...........ot ,....... /VI ',,",01-. /tr (",-ott- .r , JOSEPH FREDERICK GAZZA ATTORNEY AT LAW P.O. Box 969 3 OGDEN LANE QUOGUE, NEW YORK 11959 (516) 653-5766 (DAY AND EVENING) Sou -r h.1d -roV'J 7""", I-IA II J'"v'T /.. ./J C7/2/8? ftA,.,N....., ~+. N~w 'fork P IIII! ,., 'NO/<. .to "77,'#/1.; or- .J'V cr DtVI..Ilu'''' ., "3AZ-z.A 4;- '3/tv,JO 13eJ\r~E... ..> ,...A""'''.N c" At'. A-r IE5A-r f'^1'-. C~\...""'A"" - A 7rA <I..J Fi_J f~II;o-< /0 F'_ll ../'-'(-1J' .F I'o#> J t!,. rtf-a F:L.e. /'LA ~ J' ...,.. -rt..... ~ LA-on ""'"'t Al..",,,- IV' ~ ,.,.o~ ...I'vb cl~V",,,,,~ ON J> . I<;",.l~ IIpViJ,€ of "ro>J1L Pe.""~r""":,.,A-''''~"..J A.J' To J'", Ffl t ,'€." (.., I'" CoWJVE~'-'D~ LV ;~#I .,.~ f'!:"JPl,,::> -""v 1!o: J;.J"ic/'tJJ pL cAJ E i<TJ Wo~k To.,~ +J..,r -10 ~f-\,I, -r-J.~"'c. 70 A ('"""l.J: eN j/t.'7 ,'J'7 '7iJ"..... ;i,cxi .. .. . ~. -......... ,.,-c"",,.._ " "'i ,"') L .. :; l j \~ " 1; --:;: Lt !..~ ,,'~'r-__';:.""- JOSEPH FREDERICK GAZZA { 1:31989 ATTORNEY AT LAW P.O. Box 969 3 OGDEN LANE QUOGUE. NEW YORK 11959 (516) 653.5766 (DAY AND EVENING) L.~_" ,.~---,.>,,",~,.,. March 13, 1989 Southold Town Planning Board P.O. Box 1179 Southold, New YOrk 11971 Re: Proposed Minor Subdivisions on 1000-22-03-19, 20, 21, 22 and 1000-31-05-1.2 Dear Mr. Chairman Orlowsik, Attached please find ten (10) prints of each of the five (5) proposed Minor Subdivisions together with ten (10) prints of the overall reference map as per your request of March 10, 1989. The Town's Attorney, upon examination of the Title Searches that you have ordered of the above referenced parcels, will confirm to you that; Lots 19 and 21 owned by the undersigned have been separate Lots for many years prior to Zoning. The single and separate status of these two (2) Lots and their surveys prove that Lots 20 and 22 and 1.2 are also separate Lots that are not adjacent to each other. A further review of the Title searches will reveal that Titles have been kept separate on each of the Lots, by not allowing Title to adjacent Lots to be held in the same name. I believe these separate Lots were created many years ago before there was a Planning Board or Zoning. It is not uncommon for the owner of several parcels of property to have acquired them by one Deed or to sell them off to various entities without benefit of Planning Board Review and approval....provided they are separate parcels. Veri- fication of the powers to convey real property by the Public Administrator may be ascertained by contacting the Surrogates Court, County Center, Riverhead, New York. . ~ . . JOSEPH FREDERICK GAZZA ATTORNEY AT LAW P.O. Box 969 3 OGDEN LANE QUOGUE. NEW YORK 1 1959 (516) 653-5766 (DAY AND EVENING) Page 2 Kindly advise if the sUbmissions submitted suffice for your Board to resume action on the five (5) Minor Subdivision Applications before you since July 1985. encl. cc: Andrew Lettieri Ve .... . COUNTY OF SUFFOLK . DEPARTMENT OF HEAI.TH SERVICES r-.",' jr". n r):, tj" ,!;' II .., 61989 ~Wb.l: , L ,p,-' (7J"'^r.G:\-;Jj;"".':i;.'"""".;~ oJ\.!' .!I..... .... ...... PLANNING J:1)::~L...,_,..< DAVID HARRIS. M.D., M.P.H. COMMISSIONER -, PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE March 3, 198Y1 Joseph Frederick Gazza P.O. Box 969 3 Ogden Lane Quogue, New York 11959 RE: Subdivision of Andrew LattierilGazza aka Dam Pond S.C.T.M. #: 1000-31-05-1 Dear Mr. Gazza: Thank you for your letter dated January 31, 1989 regarding the above-referenced application currently pending before our agency. As a result of your correspondence, representative's of our Department's Office of Ecology contacted the Town of Southord Planning Department to determine the current status of your application with the Town. Southold Town planning staff informed our department that the lead agency dispute between the Town and the New York State Department of Environmental Conservation (NYSDEC) had been settled. As a result, we were informed that Town intends to proceed with a coordinated review of your proposal and to seek lead agency pursuant to the State Environmental Quality Review Act (SEQRA). We note that the Town's current desire to seek lead agency status remains consistent with the position outlined In a letter from the Town to you, dated October 12,1988 (see attached). We have encouraged the Town to undertake a coordinated review of this project. In addition, we feel strongly that the significance of anticipated impacts of the proposed actIon merit the Town's designation as lead agency consistent with the provisions of 6 NYCRR Part 617.6 (5)(e)(I). COUNTY CENTER RIVERHEAD. N.Y. 11801 . . Letter to Joseph Gazza March 3, 1989 Page 2 In light of the Town's indication that it will soon pursue a coordinated review of the proposed action, we believe it would be imprudent to proceed as if the project were an unlisted uncoordinated action. Also, we should point out that it is the policy of our agency not to approve any subdivision application without a SEQRA determination from the local municipality. I hope this information is helpful to your understanding of our position. We anticipate further action on your application pending the Town's SEQRA coordination and determination of significance. Sincerely, O/~?'~ Walter G. Lindley Environmental Planner Bureau of Wastewater Management 00: Stephen Costa, P.E. Roy Reynolds. P.E. Louise Harrision Valerie Scopaz, Town of Southold George Hammarth, NYSDEC PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 12, 1988 -~ . ". . Town Hall, 53095 Main Road P.O. Box 1179 Southo1d, New York 11971 TELEPHONE (Sl6) 765.1938 Joseph F. Gazza P.O. Box 969 QUogue, NY 11959 . . 'r:;:;!)......'.t'.l..!...~ll1l'7,:~I'j:..lj'~WW.~~~. "!I" " .'''' " ~ ," '..... '01'-" .... ~ :., ~.; I ~~".. ....~ \.0..-;' 1.,~ n.-'" ;,~'. ' _,I, ;.. " ',' "(,'~ .'" \., .~ '-/, OCT 14 1988 ~:';.i).iW. . Diiice ot Ecolog, ..... . . "'" - -,. "-. ~. Dear Mr. Gazza: RE: Lettieri & Gazza SCTM #1000-31-5-12 The Planning Board reviewed your letter dated September 26, 1988 at the last Work session. The Planning Board at this time is awaiting a response from the Department of Environmental Conservation as to its desire to take Lead Agency. The Planning Board continues to request the status of Lead Agency. The Planning Board continues to consider the proposal as one overall project, for both SEQRA review and overall project review, and requests that the lots be clustered, as asked for in the Planning Board's September 22, 1988 correspondence. The Planning Board has requested that the lots be clustered so that the open space of your proposal is coordinated with that of the adjacent parcel (Cove Beach Estates). '.... If you have any questions, please do not hesitate to contact this office. ~erY uly yours, , .., :/ V ~,tp/-,:Z~ . BENNETT ORLOWSKI,JR. CHAIRMAN cc: Robert Greene, NYSDEC George Hammarth, NYSDEC Louise Harrison, SCDHS jt .: ~ .., . . . . New York State Department of Environmental Conservation Building 40-SUNY, Stony Brook, New York 11794 (516) 751-7900 ~ January 9, 1989: . ; i.HJ I ..._"",--'~ \'If ~ ;;:5 C. Jorling I ~:I~1 ,...... I " Town of Southold Planning Board Town Hall 53095 Main Rd. Southold, NY 11971 SOUTHOLD TOWN PLANNING BOARD Attn: Bennett Orlowski, Jr., Chairman Re: Dam Pond Subdivision DEC No. 10-87-1200 SCTM No. 1000-22-3-19 thru 22 1000-3 ]-5-), 2 Dear Mr. Orlowski: I am writing in response to your letter of September 22, 1988, and a subsequent telephone conversation between Valerie Scopaz of your office and Robert Greene, the Regional Permit Administrator, concerning the above referenced project. Please accept my apologies for the delay in responding to your letter and telephone inquiries regarding a shift in lead agency under the State Environmental Quality Review Act (SEQR) from DEC to Town of Southold Planning Board. A review of our file indicates that an application for a DEC Tidal Wetlands permit was received by this office on July 9, 1987. I determined that the proposed project was an unlisted action pursuant to the listing of activities in the SEQR regulations, 6NYCRR Part [617.12, 13]; but suspected that the project might be considered a Type 1 action by the Town. A letter was sent to Town Supervisor Murphy on or about August 5, 1987, along with a copy of the DEC application, environ- mental assessment form and preliminary subdivision map. This letter was our standard "Lead Agency Coordination Request" form and indicated that the Department had no objection to the appropriate Town body assuming lead agency responsibilities for the poroject. The letter requested a response within 30 days of the August 5, 1987 date of the coordination letter as per Part [617.6(c)(I)]. As the 30 day period for establishing lead agency drew to a close with no response from the Town, I telephoned Diane Shultz of the Planning Board office, who seemed to think that the Planning Board would be interested in assuming lead agency for this project. However, no written response was received from the Planning Board until your September 22, 1988 letter. No further action was taken by the Department until November of 1987 when we decided to proceed with an uncoordinated SEQR review as per Part [617.6(d)], which resulted in our preliminary determination that the project will probably not have a significant effect on the environment. We then proceeded with our review of the project for specific tidal wetland impacts. In late August of 1988, we learned that there is a possibility of significant cultural ., . . . Bennett Orlowski, Jr. January 9, 1989 Page 2 resources being located on the project site and required a literature search and preliminary archaeological investigation pursuant to the State Historic Preservation Act. This work is on-going and will allow us to make our official determination of significance. With regard to your request for our consent to a change in lead agency from DEe to Town Planning Board, we feel that our consent is unnecessary. We believe that no actual coordinated SEQR review was achieved because no written response was received to our August 5, 1987 lead agency coordination request within the statutory time frame. We initiated a coordination attempt, which was unsuccessful, so we proceeded with our own uncoordinated SEQR review which will likely result in a negative declaration. This uncoordinated review was started because we regarded this project as an unlisted action, and Part [617.6(d)(I)(2)(3)] provides for uncoordinated review of unlisted actions and separate determinations of significance from each involved agency. This situation may change if the archaeological work and luerature search show that the site contains a prehistoric site listed on the National Register of Historic Places or nominated for inclusion on the National Register. If this situation arises, then we would consider the project a Type 1 action from the new information. Coordinated review would then be mandatory. Please note that Part [617.6(d)(3)] states: "For uncoordinated review of unlisted actions, each involved agency must make its own determination of significance. Each involved agency is considered a lead agency vb en making its determination of significance. At any time prior to an agency's final decision, that agency's negative declaration may be superseded by a positive declaration issued by any other involved agency." Since our agencies are involved in an uncoordinated review of this action, each agency must make its own, independent determination of signi- ficance. As mentioned above, the Department will probably prepare a negative declaration if tre archaeological work reveals no new information. Town of Southold Planning Board must reach its own determination of significance. A positive declarat- ion by the Planning Board will supersede a negative declaration issued by any other involved agency as well as prohibit involved agencies from reaching their final decisions until after a final environmental impact statement is filed and findings are prepared. We believe that the Planning Board does not need our consent to act as lead agency, and is free to make its determination of significance as it sees fit. I hope this adequately explains the Department's pos1t10n on the matter. If you have any questions or would like to discuss this further, please call at (516) 751-7900. GWH : j f cc: R. Greene J.F. Gazza, Esq. file Very truly yours, /~W,~.. George W. Harnrnarth Environmental Analyst .., ROBERT H. BERNTSSON ASSISTANT TOWN AITORNI::Y . JAMES A. SCHONDEBARE TOWN ATTORNEY Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD mD\'!lrn~ >I.ill'l :'ijJ ne:r.-._ 'ul , ! SOUTHOLD TOWN PLANNING BOARD --, To: From: Date: Ref: Valerie Scopaz; Planning Board .tiM James A. Schondebare, Town AttorneyfC// December 1, 1988 Common ownership of property of Gazza and Lettieri Pursuant to our discussion I enclosed a title search from 1922 to the present. Please review with your file. JAS:kjp Enclosure ., , . ii. . COUNTY OF SUFFOLK " ....' ", (, :r./ ,. ~" j ,~. ~./Jm " ~.) .\"., . ,/- '/' c , -: ," lID:' -.,.. " D.." , ""I , ". '..U.l , ,~, , 1lJ' j , , , , . I ~ '" PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE __I ~uUThOLD ':ri'~~N PLANNING (:(lA,lm DAVID HARRIS. M.D.. M.P.H. COMMISSIONER DEPARTMENT OF HEALTH SERVICES March 3, 1988 Joseph Frederick Gazza P.O. Box 969 3 Ogden Lane Quogue, New York 11959 RE: Subdivision of Andrew Lattieri/Gazza aka Dam Pond S.C.T.M. #: 1000-31-05-1 Dear Mr. Gazza: Thank you for your letter dated January 31, 1989 regarding the above-referenced application currently pending before our agency. As a result of your correspondence, representative's of our Department's Office of Ecology contacted the Town of Southold Planning Department to determine the current status of your application with the Town. Southold Town planning staff informed our department that the lead agency dispute between the Town and the New York State Department of Environmental Conservation (NYSDEC) had been settled. As a result, we were informed that Town intends to roceed with a coordinated review Of our ro sal and to seek lead agency pursuant to th Envi eview Act SEQRA), We note that the Town's current desire to seek lead agency status remains consistent with the position outlined in a letter from the Town to you, dated October 12, 1988 (see attached). We have encouraged the Town to undertake a coordinated review of this project. In addition, we feel strongly that the significance of anticipated impacts of the proposed action merit the Town's designation as lead agency consistent with the provisions of 6 NYCRR Part 617.6 (5)(e)(i). COUNTY CENTER RIVERHEAO. N.Y. 11801 " . . Letter to Joseph Gazza March 3, 1989 Page 2 In light of the Town's indication that it will soon pursue a coordinated review of the proposed action, we believe it would be imprudent to proceed as if the project were an unlisted uncoordinated action. Also, we should point out that it is the policy of our agency not to approve any subdivision application without a SEQRA determination from the local municipality. I hope this information is helpful to your understanding of our position. We anticipate further action on your application pending the Town's SEQRA coordination and determination of significance. Sincerely, C)k.;r?-~~ Walter G. Lindley Environmental Planner Bureau of Wastewater Management cc: Stephen Costa, P.E. Roy Reynolds, P.E. Louise Harrision Valerie Scopaz, Town of Southold George Hammarth, NYSDEC Town HaiL 53095 Main Road P.O. Box 1179 Southold. New York 11971 . . ,. u:n:t..i:Q, /'P\':'~ ::: t"l ..?:0.... :)-' .~\;n,; K/',,~~ f:: <., .' "'2 ' X';:';;, 'P"t.. .'" 's;?, '~;;A: ~ ,~;:.::: -<. ~1 a '""= ~ ~1t..1 ...."., ~f1 \'~t~;I"W\"i?l "'~,"~"...' ," ~ :';&.' A ~";?'.~;~'2i.~l/ ' . .' . TELEPHONE (516) 765.1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 10, 1989 Joseph F. Gazza, Esq. P.O.Box 969 3 Ogden Lane Quogue, New York 11959 Re: Proposed subdivisions on SCTM #1000-22-3-19, 20,21,22, and 111000-31-5-1. 2 Dear Mr. Gazza, After conferring with Robert Greene of the New York State Department of Environmental Conservation, the Planning Board has decided to proceed with its environmental review pursuant to the New York State Environmental Quality Review Act. The Board will be taking lead agency on each of the applications. However, its review of the applications will be coordinated; that is the five applications will be viewed as one overall application. The Board is in need of ten more copies of the survey maps showing all five of the subdivision proposals, and which also includes the setoff that was approved by this Board in June of 1985. Upon receipt of the maps, we will begin the coordinated review in accordance with 6NYCRR Part 617, with the New York State Department of Environmental Conservation, the New York State Department of State, the Suffolk County Department of Health Services, and the Town Board of Trustees. The Planning Board wishes to coordinate the review of all these agencies, since permits are required by each of them, at the same time. Therefore, it is requesting your cooperation ip providing ten more copies of the above mentioned proposals. A title search was ordered on the above-named properties. It appears that lots 20, 22 and 001.002, which were conveyed in. 1981 and in 1982 by the Public Administrator of Jal Bukin's estate, were held at one time by the same person. There is no record of a subdivision of said properties by the Planning Board. Please provide information as to how the Public Administrator conveyed three separate parcels that were bound .- . . by one deed to various entities without benefit of Planning Board review and approval. No further action will be taken on the subdivision applications for the above-referenced parcels until the requested information and the maps are submitted to the Planning Board's approval. If you have any questions, please do not hesitate to call this office. v~::.::~~/ flo/ ~d7i,7A~~l1u~ . # cc: Robert Greene, NYSDEC Robert S. DeLuca, SCDHS, Office of Ecology Royal R. Reynolds, SCDHS, Bureau Wastewater Management Frank A. Kujawski, Jr., President, Board of Trustees James A. Schondebare, Town Attorney Andrew and Bernice Lettieri, Applicants r~~ ~~ 0i ~ ?b ~ #~/ /V'ysP~ - ?-tfl . -fAnEs A. S8HOND.E;~RE, ESQ. ~uWN HALL - P.O. BOX 1179 '~309S MAIN ROAD SGUTHOLD, NEW YORK 11971 ~.^- - ~, L" . . ( CHICAGO TITLE INSURANCE COMPANY 877 EAST MAIN STREET RIVERHEAD, NEW YORK 11901 (516) 727-4455 8808-04436 No........................_............... NOVEMBER 30, 1988 ................................................................................ ----I 1 . . ~ , 1 , ,~ i j j ~ ] ,W ~i 3 ;l ~ it ~ ~ j , ~ JOSEPH FREDERICK GAZZA & ANDREW LETTIERI TOWN OF SOUTH OLD .ICI,VID DEe 01 - ATTORNEY SEARCH 3 EXTRA CHAINS @ $100 EACH ... At..... 1.11.lIl U TOTAL @ $177 $300 $477 - .------.- --~ Other Offices f:lnd .b,gencies in New ~"o:c.:oc ;'1,-' -:""J..'ey NatiC\.'1ai ":" f,,," f _ ""', "'Hk off"e e Chicago Title Insurance Company 077 .'T iit'.:iH :;'1. ",' ."I:'F '" I' 'J" ; 19[:' '; n.l. ... ".j-l.. I ,.., j j) 410<, , -~~'i' ' .'48 ..I;TIr: \eI@ - - ----.-- - \!urnoN>? Date Transaction Rate Manual Reference Insurance f~O('8" O..:~43,.~, jf /1:)4/8(;1 Mtg~l TTPNY SRell Mtg Mtg $ Fee Fee Fee $ - -., - - -- CHARGES MTG FEE ITI.E VESTED IN JOSEPH FRCDERICh GALLA ACCT NOS, Q 6137~-()3 {)(i ANDREI~ LETrrEPI DESCRtPTIONS CODE AMOUNTS CODE AMOUNTS :";':;URED. FfJ. TITLE 00 S 00 $ Mun. Dept. Sch 24 24 Survey Cov 38 38 Abstract 02 02t :HSURED MTG.: (3) ATTY SCH i 1"''-' CD!> , , 3)(. ChO;" 5 ~ ;l,CO , 300 -- o H &B o Fire INSTITUTION ACCOUNT: S'MAN: Mun. Dept. Searches: :1EFERRAL ACCOUNT: S'MAN: 0 C,O, Other "-'-. ~ 'REMISES County ,,' State Sec. Blk Lot(s) TOWN OF SOUTHOLD DSTR lOch) SEe 022.00 BLI< 03.00 LOTS 19, 20, 21 & 22 DSTP 1(~00 SEe 031.00 9th 05.')(\ LOT ('101 ,002 (SEE DESCRlf'T IONS HEREWtTH) I , i Address X , , SURVEY I NONE I AS OF EXISTING I AS OF POLICY DATE I I COVERAGE ~ SURVEY DATE 0 ORDER NEW 0 USE EXISTING 0 I I REMARKS' I I IF'LE:ASE RUN FOF' AN ATTDF:NEY I ISEARCH FROM 1957 TO DATE~ I I I !NOTE: IN CASE OF CANCE:LLATION OF THIS SPECIAL 'SEARCH, THE FEES CHARGED WILL REMAIN THE SAME. I I ,~-- DELIVERY DISCOUNT Report on Il/Hl To 1 Discount S M/F $ Copies Prior Insurer I I , Closing Area Trans Rate S'man Rec'd By Prop Type Mtg. Data Mtg- Mtg- Mtg- MI) ,090 Fee- 08 Fee- ':>2 Fee- 70 33<'1B 10 - THANK YOU FOR YOUR APPLICATION FOR THE EXAMINATION OF TITLE TO THE ABOVE DESCRIBED PREMISES. OUR CHARGES. ON THE BASIS OF OUR FILED RATE SCHEDULE ARE NOTED, SUBJECT TO ANY REVISION DUE TO ANY DESIRED CHANGE IN LIABILITY AND THE ADDITION OF ANY REQUESTED OR NECESSARY DISBURSEMENTS WE SHALL DO OUR BEST TO REPORT THIS TITLE PROMPTLY AND FACILITATE ITS CLOSING VERY TRUL Y YOURS FELECIA ~JIl.UAMS Servicing Your Account APPLICANT, FEE (1) TEL: 51 () 765 1939 I.JAMES A. SCHONDEBARE, ESQ. TOWN HALL - P.O. BOX 1179 53095 MAIN ROAD SOUTHOLD, NY 11971 ~ APPLICANT, MTG, (2) TEL. I ~ L_~ ~ L ~ - ."'.H3 . . (Standard Form approved by the NEW YORI[ BOARD OF TITLE UNDEllWJUTERS. JUbe I, 1948) ATTORNEYS' GUARANTEED SEARCH CHICAGO '.I."ITLE INSURANCE COMPANY ~trtifitS that a search has been made for the periods hereinafter shown in the several offices given in the list hereinafter set forth for the instnIments, liens, and notices therein set forth affecting the premises described herein and the parties hereinafter listed. THE LIABILITY OF THIS COMPANY FOR THIS SEARCH IS LIMITED TO $1,000. THE OFFICES AND INSTRUMENTS, LIENS AND NOTICES COVERED BY THIS SEARCH ARE LISTED BELOW: In the Recording Office of the County in which the Premises are Located For: Conveyances, unsatisfied mortgages and assignments thereof Rnd releases therefrom, individual surety bond liens, State criminal surety bond lien notices, Federal tax lien notic~s. and all other instruments and notices of ree. onl, except Chattel Mortgages, Conditional Bills of Sale and Bills of Sale. In the Clerk's Office of the County in which the Premises are Located For: Notice of lis pendens Certincates of sheriffs' and marshals' sales Insolvent assignments General assignments Notices of foreclosure hy advertisement Appointments of receivers in supplementary proceedings Appointments of trustees for absconding, concealed, non-resident, or imprisoned debtors Unsafe building liens Mechanics' liens, orders, and building loan contracts med within one year last past Federal tux lien notices Individual surety bond liens State criminal surety bond lien notices Welfar.. department liens Exemptions under Homestead Act Transfrrs and Mortgages of Interests in Decedents' Estates IInder section 274, Real Property Law Underlakin!(s filed IInder Domestic Helations Court Act .Iud!(mrllts, decrees and transcripts thereof, docketed within ten years last past against those parties named below who entered into the title during that period but in no event such judgments, decrees or transcripts thereof docketed subsequent to the last date set opposite their respective names In the Offie.. of the Clerk of the District Court of the United States for the District in which the Premises arc Located For: Petitions in banknIptey against the grantees of the fee named below during the period of their ownership, but in IlO event those filed prior to July I, 1898. 1 ud.~Ill('nts, decrees and transcripts thereof, docketed within ten years last past against those parties named below who entered into the title during that period hut in no event such judgments, decrees Or transcripts thereof docketed subsequent to the last dale set opposite their respective names. This search is made only in the event the lJrOpcrty lies within the county where such clerk's office is located. In the Appropriate Tax Offices For: Unp~Jid taxes, assessments and water rates which arc liens on the premises above described, and sales thert~for. All ret11rns on this search should be iJlvesti!(ated and compared with the official records by the party to whom this se-arch i~ issued, for no guarantee as to details or particulars or the sufficiency or validity of such retunlS is included in the certificate hereunder. If, upon such investigation, it be fOllnd that parties, other than those named in the list below. have an interest in or lien upon said premises by reaSOn of defects or death of a [..arty, this Company will make. without exlra charge scarches against such additional parties upon receiving a written request therefor. No search has been made in any of the offices for any or the matters listed above affecting holders of judgments or of other li('n~ returned; anti t.'Ontinuations of tlli.... search will no~ include a search for any of such matters affecting par- tie." 10 \vholll conveyances, mortgages and other inslnJrncnt which may be retunled on such continuations arc made. nor for allY assignments or discharges of judgments or oth(~r li('ns alr('ady returnl'd. Such searches will be made only on sil"cial rcqui:-;ition therefor. No 51'arch has been made for corporation liCCll.C;C or franchise taxes, nor for transfcr, inheritance or estate taxes against decedents' estates, nor has any search been made ill the Office of the Surrogate. }ud,L:1Tlcllts docketed against debtors with fictitious first names are not returned unless the I1ctitious name is identical with the: name of the parties listed hereinafter. SOTlle or I he tax items returned may have been paid, hut the payment not officially posted. Any ,('tllrns on this search prior to tlie date hereinafter set forth, aTe for the convenience of the applic..1nt only, and this Company assumes no liability therdor. .If the applicant decides to he fully prokcted by ordering a title insurance poticy, and allowance of the charge for this sC;Jrch will be made upon the surrender of this ~carch. F-l0J79 NAME OF ApPLICANT . JAMES A. SCHONDEBARE, ESQ. . ' SEARCl1 No. 8808-04436 PHOPEHTY SEAHCIIED ACAINST COUNTY SECTION BLOCK DIST. 1000 SEC. 022.00 BLK. 03.00 LOT 019.000 DIST. 1000 SEC. 022.00 BLK. 03.00 LOT 020.000 DIST. 1000 SEC. 022.00 BLK. 03.00 LOT 021.000 DIST. 1000 SEC. 022.00 BLK. 03.00 LOT 022.000 DIST. 100 SEC. 031.00 BLK. 05.00 LOT 001.002 Search has been made against the names set forth below for the periods set opposite their respectivc' names. The total period covered by the search is from 1957 to DATE NAMES SEARCHED AGAINST FROM To 1 ) FRED TABOR 4/10/1922 DIED 3/22/46 TESTATE 2) JAL BUKIN & 2/1/1919 DIED 7/3/80 TESTATE STELLA BUKIN, HIS WIFE 3) FREDERICK C. TABOR 3/18/52 9/15/77 4) WENDELL B. TABOR 3/18/52 9/15/77 5) GRUNDBESITZER CORP. 9/14/77 2/17/78 6) JOSEPH FREDERICK GAZZA 9/14/77 DATE 7) ANTHONY MASTROIANNI, PUBLIC 7/3/80 12/1,/81 ADMINISTRATOR OF THE ESTATE OF JOSEPH BOKEN, SR. A/K/A JAL BUKIN, DECEASED RETURNS DEED: (AFFECTS LOTS 19 & 21) HENRY H.C. TUTHILL (WIDOWER) TO FRED TABOR DATED 4/10/22 RECORDED 4/11/22 LIBER 1041 CP 118 DEED: (AFFECTS LOTS 20, 22, & 001.002) SILAS A.H. DAYTON (UNMARRIED) TO JAL BUKIN & ~TELLA BUKIN, HIS WIFE DATED 2/1/1919 RECORDED 2/3/1919 LIBER 973 CP 520 -CONTINUED- DEEDJ ~AFFECTS LOTS 19 & 21) FREDERICK C. TABOR & WENDELL B. TABOR TO GRUNDBESITZER CORP. . . DATED 9/8/77 RECORDED 9/15/77 LIBER 8308 CP 323 DEED: (AFFECTS LOTS 19 & 21) GRUNDBESITZER CORP. TO JOSEPH FREDERICK GAZZA DATED 9/16/77 RECORDED 2/17/7 8 LIBER 8390 CP 366 DEED (AFFECTS LOT 20) ANTHONY MASTROIANNI, PUBLIC ADMINISTRATOR TO BERNICE LETTIERI DATED 11/24/81 RECORDED 12/4/81 LIBER 9111 CP 64 DEED: (AFFECTS LOT 22) ANTHONY MASTROIANNI, PUBLIC ADMINISTRATOR TO GRUNDBESITZER CORP. (50%), ANDREW LETTIERI (25%) & JOHN A. 01 SPIRITO (25%) DATED 1/14/82 RECORDED 1/20/82 LIBER 9131 CP 377 DEED: (AFFECTS LOT 22) GRUNDBESITZER CORP. (50%), JOHN A. DI SPIRITO (25%) & ANDREW LETTIERI (25%) TO GRUNDBESITZER CORP. DATED 5/20/83 RECORDED 6/14/83 LIBER 9374 CP 04 DEED, (AFFECTS LOT 001.002) ANTHONY MASTROIANNI, PUBLIC ADMINISTRATOR TO ANDREW LETTIERI AND JOHN A. 01 SPIRITO DATED 11/24/81 RECORDED 12/4/81 LIBER 9111 CP 58 DEED: (AFFECTS LOT 001.002) ANDREW LETTIERI AND JOHN A. 01 SPIRITO TO ANDREW LETTIERI DATED 5/29/83 RECORDED 6/14/84 LIBER 9374 CP 01 NOTE: NO PROOF OF DEATH FOUND IN THE SUFFOLK COUNTY CLERK'S OFFICE ON STELLA BUKIN NOTE: NO PROOF OF DEATH FOUND IN THE SUFFOLK COUNTY CLERK'S OFFICE ON E. KENNETH TABOR DATED: 11/29/88 CHICAGO TITLE INSURANCE COMPAN AUTHORIZED SIGNATURE MARIA WINTER LAW DEPT. 1-800-248-CTIC FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH :,!""J 's @l ~ ~ '< 1\' , D' 1..:, r;-) U \.1 Ls J;'! 1 ")1- ~-'f:]l' ; In') ! ; ~.' I': 1. ! Jli '1.: . JU I If1\! 2 (11988 ,U j' I SOLiT;.j(J~/N-..J P[}.~Ji'-1ING 8(!;;.:W -_._~--_ '~"~'~~'W"" TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 Joseph F. Gazza, Esq. PO Box 969 - 30 Ogden Lane Quogue, N.Y. 11959 November 25, 1988 Re: Proposed minor subdivisions, Dam Pond, East Marion, N.Y. Dear Mr. Gazza: The Board has discussed the above mentioned proposed subdivision at their November 17, 1988 meeting and would like you to submit an application for permits for road construction, which will be evaluated by the Trustees. Very truly yours, < 7Nt4' if. ~;liU4~tLl ~ I Frank A. Kujawski, Jr. r~'\ President '- "'/ Board of Trustees. FM: jas cc: Planning BoardY~ Building Dep' t. -.- //-?~ ~ . New York State Department of Environment Building 40-SUNY, Stony Brook, New York 11794 (516) 751-7900 . November 17, 1988 Francis J. Murphy, Supervisor Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ~~ ~ '-- ~ Thomas C. Jorlln Commissioner Dear Supervisor Murphy: Thank yoU for your letter of October 31, 1988 concerning Dam Pond in the Town of Southold. The Department is aware of the development pressure in this area and shares your concern for this environmentally sensitive project. The Region I Office is currently in the process of categorizing, evaluating, and ranking in priority order the acquisition nominations received on Long Island. The most sensitive projects are forwarded to the Land Acquisition Project Review COmmittee, for evaluation against similar projects nominated from across the State. -~ The properties outlined in your letter will undergo this review process to determine the natural resource values of the project. I assure you, your comments and concerns will be considered during this process. Thank yOU for your dedication to the State's land acquisition program. Sincerely, PJF:sjmr /Jt- 0' ~!! - Peter J.' Frank Forester, Stony Brook J ~/{ '.~ . . 765-1801 TOWN OF SOUTHOLD OPEN SPACE COMMITTEE Town Hall Southold, NY 11971 November 10, 1988. Francis J.' Murphy, Supervisor Town of Southold 53095 Main Road Southold, N. Y. 11971 Dear Mr. Murphy: . At our meeting of November 3, 1988, the Open Space Committee expressed unanimous endorsement and support to your proposal of October 31, 1988 to the Department of Environmental Conservation to protect the Dam Pond ecosystem by acquisition of adjoining wetlands. We are convinced that transfer of the lead agency status to the Planning Board is a salutary measure. If any of these unique properties is appropriate for open space acquisition, our committee is ready to give such a proposal full consideration. Sincerely, 4u: o~~'('/l "0 Q'IC~~-<:? {f2> FAR:JW Frederick A. Ross, Chairman Southold Town Open Space Committee cc - Robert Greene, Permit Administrator Arthur Kunz, Acting Director, Suffolk County Planning Department Frank Panek, D.E.C. Southold Town Planning Board Conservation Advisory Committee Board of Trustees Open Space Committee ,.. '.- SOUlllOLD TOWN PLANNING BOARD . .i '.' . , - o rn@rnnwrn~ oor 3 11938 t!U FRANCIS J. MUR SUPERVISOR TELEPHONE (516) 765-1800 TOWN HALL, 53095 MAfN ROAD P.O. BOX 1179 SOUTH OLD, NEW YORK 11971 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD October 31. 1988 Mr. Harold Berger. Regional Director Department of Environmental Conservation S.U.N. Y.. Building 40 Stony Brook. New York 11790 Dear Mr. Berger: -~. At this time. would like to request of you that portions of the following properties around Dam Pond be placed on the list of possible acquisitions of land under the Environmental Quality Bond Act in Southold Town. SCTM # 1000-22-3-15.1 1000-22-3-18.3 1000-22-3-19 1000-22-3-20 1000-22-3-21 1000-22-3-22 1000-22-3-23.1 1000-23-1-2.2 1000-31-5-1. 2 1000-31-5-6 1000-31-5-7 1000-31-5-10 1000-31-5-26 The Town's main objective in requesting the placement of these properties on the list is to preserve the wetlands surrounding the Pond itself. Therefore. we are not requesting purchase of the entire premises of any of the parcels noted above. but. rather. the fresh and tidal wetlands and a suitable buffer of one hundred feet .adjacent to the edge of. the wetlands. Enclosed you will find a tax ."tnap and supporting documentation as to the environmental sensitivity of Dam Pond. The documentation was prepared for the Town by the Office of Ecology of the Suffolk County Department of Health Services. Further. Robert Greene. Permit Administrator at the DEC's Albany office. has in his possession a draft environmental impact statement for the . . . Mr. Harold Berger Page 2 Town of Southold October 31. 1988 proposed subdivision development known as Cove Beach Estates. which is located on parcels 1000-22-3-15.1 and 1000-22-3-18.3. The Town has also been in contact with Mr. Greene about the proposed subdivision applications on parcels 1000-31-5-1.2. 1000-22-3-19. 20. 21. and 22. On those applications. the Planning Board is requesting the transfer of lead agency status from the DEC to the Planning Board. If additional information or an aerial photograph of the area is needed by your office. please do not hesitate to contact me at 765-1800 (or the Town Planner at 765-1938). Please expedite this evaluation as this parcel is under developmental pressure. In light of this intense development pressure around the pond. the assistance of your office would be greatly appreciated. FJM:rbw encs. cc: Richard Ryan Robert Greene. Permit Administrator Arthur Kunz. Acting Director. Suffolk County Planning Department Frank Panek. DEC Southold Town Planning Board Conservation Advisory Committee Board of Trustees Open Space Committee Town -- . ., . . , LIST OF PROPERTIES AROUND DAM POND AND THEIR OWNERS SCTM 41 3- 1000-22~\15 .1 and 18.3 Harold Reese & Others 855 Sunrise Highway Lynbrook, New York 11563 1000-22-3-19 Joseph F. Gazza 3 Ogden Lane Quogue, New York 11959 1000-22-3-20 Bernice Lettieri 48 Cayuga Road Yonkers, New York 10710 1000-22-3-21 Joseph F. Gazza same as above 1000-22-3-22 Grundbesitzer Corp . & Ano. same as Gazza address 1000-22-3-23.1 Charles S. Gillispie Box 267 East Marion, New York 11939 1000-23-1-2.1 Mary Ruth G. Whitehead 6 Stone Tower Lane Barrington, Rhode Island 02806 1000-23-1-2.2 Charles S. Gillespie same 1000-31-5-1.2 Andrew Lettieri 48 Cayuga Road Yonkers, New York 10710 1000-31-5-6 Sonja Stein 68 Longridge Road P1andome, New York 11030 1000-31-5-7 Althea C. Reybine East Marion, New York 11939 1000-31-5-10 Joseph L. Townsend, Jr. 216 Main Street Greenport, New York 11944 1000-31-5-26 Edna Brown East Marion, New York 11939 " 4t:OUNTY OF SUFi="OLK ~ ({~,'~-;'S~ '''.';-~...r; ~'~~y >C:y ..~..); . Patrick Halpin SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS. M.D.. M.P.H. COMMISSIONER March 24, 1988 Valerie Scopaz, Town Planner Town of Southold Planning Department 53095 Main Road Southold, New York 11971 RE: Office of Ecology Field Report of Property at Dam Pond Dear Valerie: I am writing you in reply to your letter of March 14 to Louise Harrison of our office concerning the above-referenced field report. I have enclosed a copy of this report, as per your request. Please note that this field report refers to the property corresponding to the Harold Reese subdivision applica- tion (SCTM: #1000-22-3-15.1 & 18.3). The Office of Ecology is currently reviewing applications for the other tax parcels mentioned in your letter (i.e. SCTM: #1000-22-3-19, 20, 21 & 22). Should we 9ain further significant natural resources information on these parcels, we will forward it to you. I hope that the enclosed field inspection report is helpful to you in your evaluation of the area for EQBA acquisition. Should you have any questions concerning this report, please feel free to call me at 548-3056. Sincerely, ~ ~..,0. .0 1lQj R- {J~ /' Neil R. Giffen ~l~ Environmental AnalY~ \ Bureau of Environmenta I Management Office of Ecology NRG/Jmf Ene. "- 8 W {} t;;) ! 81 i'l COUNTY CENTER "'1\lERMEAO. ~ Y 11901 " 18. 19. 20. 21. . I." ":. -'>,.f~.. f mown ..'-" Ce!:2:"::::e..~'C or He=.l c.~ S~tiC2S ori':c OF :::C:::;L-."GI EL?..E..;::'; OF 2'r\lI?C~.ME:ITAL .. -II '.:';;::,:\.1 .... " ... -",'~-' 0 -,,, ~:. 4/' i ~-_ ....1 _.__.__...._.. 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"'v'~'0 1/\ "---.1..- I1r~0u,.:\ ~ Narr.e T......'a. . -...--- Nc.rr.e T~';""'Q --- c~\ V"\\., '" ~ \' ,"J. \),.0 ' ,\,' ,'\.. - ,\.v\ '.J .:--,,--. SJ.c:-..:n:== .-\'.. '\ .s I \~ ( ~: j Ca~~ \ ,. ". !,UNTY OF SUFFOLK . ...,~~.. :(j~,.; ';'."'0.".. ~'" Wio. '"B ".,. ....i11 ~~': ;;.;~ ..., -.~ ~.' ... . ,--- n ~ft:';~o%t, "- PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE , DEPARTMENT OF HEALTH SERVICES DAVID HARRIS. M.D.. M.P.H. COMMISSIONER March 29, 1988 Valerie Scopaz, Town Planner Town of Southold 53095 Main Road Southold, NY 11972 RE: Dam Pond Subdivision, Field Inspection SCTM# 1000-22-03-19 through 22 and 1000-31-05-1 Dear Ms. Scopaz: As part of our department's review of the above-mentioned application, the Office of Ecology has conducted a field inspection of the subject property. I have enclosed a copy of our field inspection report which I hope will be helpful in your site analysis and provide the information you requested in your letter of March 14, 1988. Thank you for the opportunity to provid~ you with na!;ural resources data pertaining to the subject site. Should you have any questions or require additional assistance, plese feel free to contact the Office of Ecology at your convenience. - Sincerely, n {(~~{ 4 M;L~ Robert S. Deluca Biologist Bureau of Environmental Management Office of Ecology RSD/ta Enclosure COUNTV CENTER RIVERHEAO. N.V. l' 901 100 ~ (~ rn n w rn ,ml! I I Ii:!!! Uj . .:3~': "OUTHOlll TOWN iUHNING BOARO . . C-2;:-=-==::2!":'= 4.. . 0::: ::e.=...:...:........ S~.":i.ce5 ~ .. C??:C:::: C? :::C::'CG': ......-_..p. ""'..... .::~..........:..--...., ~~ -:---r'....n:"'.,......... .:-',V.:..:'........:..._......-....L.l :.tn.l,r;..G';E:.;:: -. " .. ;;: ..;..e.~.:':' _.......2;:~-=-::::: Jlz~ In' 0'""-"0'1 L......s~~-=-=~ ~2~~: C':===S=C:::::2:::= - , ~-- "__0. -"'-'-------; F~ ::,rS:=:C::::'l ?2C:=:: ?:::>~ '-";'~<::l""'~ - '-- -:'=:::=".3.::'::::: 1. ?==~=== 'l-~c. ..c:.:..._. 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Ii.ac..';....~ ',' -~,~ ""\t't:\~...'\, . ~~<...~..~~~i---i~"::.~ _ "'....."... - -. - ,:,':'V'" .i..~''''' '(', "~ }.-, ~;-.",. .:''"'." '.".~ ...~;.-:.', "~l;~'.~: . ~ . ,J~ . \... . ...., .. I I I . . ! , i i ! I I ',r~ -f' c ;; !]tJUTh(Jt./J: .tJ..."., /J"cI s;,'a-;j/.s,...<V . '""' Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 . PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 12, 1988 Joseph F. Gazza P.O. Box 969 Quogue, NY 11959 RE: Lettieri & Gazza SCTM 11000-31-5-12 Dear Mr. Gazza: The Planning Board reviewed your letter dated September 26, 1988 at the last work session. The Planning Board at this time is awaiting a response from the Department of Environmental Conservation as to its desire to take Lead Agency. The Planning Board continues to request the status of Lead Agency. The Planning Board continues to consider the proposal as one overall project, for both SEQRA review and overall project review, and requests that the lots be clustered, as asked for in the Planning Board's September 22, 1988 correspondence. The Planning Board has requested that the lots be clustered so that the open space of your proposal is coordinated with that of the adjacent parcel (Cove Beach Estates). If you have any questions, please do not hesitate to contact this office. ~erY uly yours, ~/~/ /}~ ~tfi:7jT d~::::,A~Iw----k!./ . BENNETT ORLOWSKI,JR. CHAIRMAN .'0 cc: Robert Greene, NYSDEC George Hammarth, NYSDEC Louise Harrison, SCDHS jt . ROBERT H. BERNTSshN ASSISTANT TOWN AlTORNI::Y'--' SOUTH OLD TOWN PLANNING BOARD .. '''''' ,. ""ONO" ~ TOWN A ITORNEY ~ ill) ~ 0 \VJ ~ ~1r)V - 3 I98B , Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765.1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD November 2, 1988 Chicago Title Insurance 877 East Main Street Riverhead, New York 11901 Attention: Felice Williams Ref: 1000-22-3-19, 20, 21, 22 1000-31-5-1.2 Gazza and Lettieri Dear Felice: Please provide me with an attorney's search reference the above mentioned tax maps from 1957 to date. I enclose a copy of the tax map area In question. Very truly yours, James A. Schondebare Town Attorney JAS:rbw enc. cc: Planning Board . . JOSEPH FREDERICK GAZZA ATTORNEY AT LAW P.O. Box 969 3 OGDEN LANE QUOGUE, NEW YORK 11959 (516) 653-5766 (DAY AND EVENING) October 17, 1988 Board of Town Trustees Town of Southold TOlm Hall 53095 Main ROad Southold, New York 11971 Re: Five (5) proposed Minor Subdivisions of Lettieri and Gazza Dam Pond, East Marion, New York Dear Mr. Frank Kujawski, Jr. Thank you for your Board's assistance with the New York State Department of Environmental Conservation in the flagging and location of all Wetlands as shown on the overall proposed Subdivision Map. As can be determined from our map, the only area of work connected with this map that is within 75 feet of Designated Wetlands would be where the proposed road (existing Old Farm Road) crosses the most Westerly extremity of Dam Pond. This is the only feasible access connection absent an access connection into the "Cove Beach Estates Map" to the Northwest, which to date the Town's Planning Board has not provided for. The Town Planning Board has not addressed this access issue to date, as requested in my letter to them of September 26, 1988 (see copy attached). Therefore I respectfully request permission from your Board for a Wetland Permit for this section of roadway. The improvement specifications that I propose would be the placement of 4" of crushed stone blend atop the existing traveled farm road in the adjacent area to the designated Wetlands. Please advise if your Board needs any additional infor- mation or if I must complete any forms for application of the Permit. encl. C C', To.", ~lA"'''':J, ~,.cl . JOSEPH FREDERICK GAZZA rn OCT 1 9 _ ATTORNEY AT LAW P.O. Box 969 3 OGDEN LANE QUOGUE, NEW YORK 11959 (516) 653-5766 (DAY AND EVENING) SOUTHOlO TOWN PLANNING BOARD October 17, 1988 SOuthold Town Planning Board Town Hall Main Road Southold, NEw YOrk Re: Minor Subdivisions of Lands of Gazza Minor Subdivisions of Lands of Lettieri All situate at Dam Pond, East Marion, New York Dear Mr. Chairman, Bennett Orlowski,Jr. Kindly advise the undersigned of your Board's legal basis for determination requesting me to give up the right to build on my land and transfer my rights to someone else's property. Additionally, under what section of SEQR is the RE Review of an Application upon which a determination of non- significance followed by the issuance of a negative Declaration, authorized? Has your Board given any consideration to any access connection into the "Cove Beach Estates Map" for the Penn insula properties of Gazza and Lettieri? Should your Board have any interest in meeting with Mr. Lettieri and/or the undersigned, please do not hesitate to advise of a time and date convenient to the Board. ., '. . 00 JOSEPH FREDERICK GAll..A ATIORNEY AT LAW P.O. Box 969 3 OGDEN LANE QUOGUE. NEW YORK 1 1959 (516) 653-5766 (DAY AND EVENING) September 26, 1988 Southold Town Planning Board town Hall Main Road Southold, New YOrk Re: Minor Subdivisions of Lands of Gazza Minor Subdivisions of Lands of Lettieri All situate at Dam Pond, East Marion, New YORk Dear Mr. Chairman, Bennett Orlowski, Jr., I am in receipt of a copy of your letter to New York State Department of Environmental Conservation dated September 22, 1988 pertaining to the above referenced. It pleases me very much to see that your Board is working on these five (5) subdivision Applica- tions at this time. It was only after proof,sufficient to the satisfaction of the Town Attorney that each Application was seperate, that the Planning Board accepted these five (5) Applications as seperate Minor Subdivision Applications. My records indicate that on September 19, 1985, your Board endorsed the proposed thirteen (13) lot layout as submitted on these five (5) Subdivision Applications, however, required a 50 foot right of way thru the subdivisions con- structed in compliance with Town of Southold Highway specifications. The correspondence, meetings and calls during the period October 1985 to March 1987 between us focused on the necessity for such a substantial road system and the duplication of a parallel road system within the property of Cove Beach Estates (an adjacent pending subdivision). The continuous and perseV~ring efforts by the undersigned since 1977 with the various owners of Cove Beach Estates and your Board to provide common access and a proper planned access system have never been successful. I respectfully requested of your Board to provide for future development of the entire area by providing access to the Peninsula via a con- nection into the Cove Beach Road system. This connection would alleviate my proposed road which would have to cross an area close to Wetlands on both sides. A road close to Wetlands necessitates review by the Town Trustees and the New York State Department of Environmental Conservation. '. . . JOSEPH FREDERICK GAz:Z.A ATTORNEY AT LAW P,O, Box 969 3 OGDEN LANE QUOGUE, NEW YORK 1 1959 (51 6) 653-5766 (DAY AND EVENING) page 2 Your Board has been in a position to foster this access planning but has neglected to. In March of 1987, it became apparent to the undersigned that your Board was not re- quiring an access termination into the penninsula thru the Cove Beach Map and I therefore requested of your Board to further process the five (5) Subdivision Applications to- gether with road improvements dictated on September 19, 1985. It was inquired of me by Planning Board staff as to the status of the five (5) Subdivision Applications with the SCDHS and the New York State Department of Environmental Conservation. The SCDHS position was, that further action on the five (5) Applications could not be taken until a SEQR determination by the Town of Southold was made (see notice attached) and a Department of Environmental Conservation Permit had been issued. The Department of Environmental Conservation's position was that since the Town failed to respond to the SEQR Lead Agency Coordination request by DEC of August 4, 1987, the DEC was proceeding with an uncoordinated, indepen- dent review (see letter dated November 16,1987, attached). The Board of Trustees, Town of Southold had on June 9, 1988 written that a 75 Ft. buffer landward of the DEC stake line, should be maintained, as their recommendation. The records I have kept pertaining to these five (5) seperated Applications for Minor Subdivisions indicate the following: 1000-031-05-001.2 Deed 9111/58 Owner - Andrew Lettieri Size - 10.67 acres Request - Subdivision into three (3) residential Lots Complete Application duly filed on August 2, 1985 with Planning Board - Pending Complete Application duly filed on August 7, 1985 with Suffolk County Department of Health Services - Pending Complete Application duly filed on July 9, 1987 with New York State Department of Environmental Conservation No. 10-87-1200 - Pending Note: Lot 001.2 is Lot B (10.67 Acres) of a two (2) Lot Minor Subdivision of a 13.326 acre parcel approved by the Planning " . . JOSEPH FREDERICK GAZZA ATTORNEY AT LAW P.O. Box 969 3 OGDEN LANE QUOGUE. NEW YORK 11959 (516) 653-5766 (DAY AND EVENING) page 3 Board and Health Department on April 15, 1985. Covenants and Restrictions were required by Planning Board and filed with the County Clerk to the effect that Lot 001.2 when further sub- divided would be three (3) Lots only. The Planning Board (lead Agency under SEQR - with full notice to all involved Agencies) made an initial determination of non-significance under SEQR on December 17, 1984, followed by the issuance of a negative Declaration (see copy attached). 1000-022-03-019 Deed 8390/366 Owner: Joseph Frederick Gazza Size: 4.915 acres Request: Subdivision into two Complete Application Planning Board - Pending Complete Application SCDHS - Pending Complete Application New York State Department No. 10-87-1200 - Pending duly (2) residential Lots filed on July 16, 1985 with duly filed on August 7, 1985 with duly filed on July 9, 1987 with of Environmental Conservation, 1000-022-03-020 Deed 9111/64 Owner: Bernice Lettieri Size: 4 acres Request: Subdivision into Complete Application Planning Board - Pending Complete ApPlication duly filed on SCDHS - Pending Complete ApPlication duly filed on July 9, 1987 with New York State Department of Environmental Conservation, No. 10-87-1200 - Pending two (2) residential Lots duly filed on august 2, 1985 with August 7, 1985 with 1000-022-03-021 Deed 8390/366 Owner: Joseph Frederick Gazza Size: 5.393 acres Request: subdivision into two Complete Application Planning Board - Pending Complete Application SCDHS - Pending duly (2) residential Lots filed on August 2, 1985 with duly filed on August 7, 1985 with '. . . JOSEPH FREDERICK GAZZA ATTORNEY AT LAW P,O. Box 969 3 OGDEN LANE QUOGUE, NEW YORK 11959 (516) 653-5766 <DAY AND EVENING) page 4 Complete Application duly filed on July 9, 1987 with New York State Department of Environmental Conservation, No. 10-87-1200 - Pending 1000-022-03-022 Deed 9131/377 Owner: Grundbesitzer Corp. and Andrew Lettieri Size: 6.3 acres Request: Subdivision into three (3) residential Lots Complete Application duly filed on August 2, 1985 with Planning Board - Pending Complete Application duly filed on August 7, 1985 with SCDHS - Pending Complete Application duly filed on July 9, 1987 with New York State Department of Environmental Conservation, No. 10-87-1200 - Pending It would appear to the undersigned that: l- Review under SEQR pertaining to 1000-031-05-001.2 has been completed as of December 17, 1984. The SCDHS should review this three (3) Lot division seperate from the others and approve same. The NYS DEC should issue a letter of no- jurisdiction due to previous review under SEQR, Lot Size, elevation above sea level, and building envelope setbacks. The Planning Board in connection with the prior approval has reviewed this parcel and required a covenant to be filed limiting subdivision to the requested three (3) Lots. 2- The four (4) Penninsula parcels are each single and seperate tracts independently owned. I have no intentions of building on my two (2) parcels at this time, a retire- ment home or future use by my three children would be a possibliity. Mr. Lettieri has not expressed intentions of development or not, to me. Mr. Lettieri and I have decided to subdivide our properties adjacent to each other, to create an estate type setting of choice two plus acre lots for our future. I would hope that your Board re-consider the Cove Beach Road system in connection with their sUb-division map presently before you. Proper planning dictates better access which should obviate the need for me to build a road to Town specifications near a Wetland. . . . JOSEPH FREDERICK GAZZA ATTORNEY AT LAW P.O. Box 969 3 OGDEN LANE QUOGUE, NEW YORK 1 1959 (516) 653-5766 (DAY AND EVENING) page 5 The Planning Board's sudden interest in obtaining lead Agency status under SEQR pertaining to the five (5) sub- division Applications puzzels me. On one Application, you have already issued a negative Declaration and on the other four (4), since August 4, 1987, your Board has not been interested despite requests by the undersigned on August 7, 1987, the SCDHS on June 10, 1987 and the New York State Department of Environmental Conservation on August 4, 1987. It is my understanding that Y617.6 of 6 NYCRR provides a twenty (20) day time period for lead Agency status determination. It is not my desire to argue with your Board over these proposed subdivisions, but to work with your Board to make the lots created a model subdivision of estate type setting. I believe the proposed subdivision maps as submitted define excellent lot layout, size and design. The layout could be modified to further improve the subdivision only if alternate access was available thru Cove Beach Estate's road system. That choice is yours to make, mine only to respectfully request. Three plus years has been a long time to wait for permission to divide five (5) seperate tracts into twelve (12) lots. Please advise what I may do to satisfy your Planning concerns and help conclude the subdivision process. encl. cc: file New York State Department of Environmental Conservation SCDHS Mr. Andrew Lettieri . . RECElVED BY SOUTHuLU ]0\',;1 PLiN;~ING BOARD JOSEPH FREDERICK GAZZA ATTORNEY AT LAW P.O. Box 969 3 OGDEN LANE QUOGUE. NEW YORK 11959 (516) 653-5766 (DAY AND EVENING) Se,..,-r/'oIJ 7O"-'J fL,.,"'''':J, ~. 8-/'3-87 ~: (VI jf'./a t. Svll Q/VI "';0""'''-- o .P Lp Tr"1~r; 4 GA"Z Z A Ar DAM POw I'> ""'A~, 1"'1 4fJ.. I 0 rI CXA,f... ~oAAO (IA ~ "" crlEfl-~ TJ~ /If'1J Dee S v (L vrt ~'r- pl..or /0 0./ -j-I-....... {,.,IlL IIV-t- +LA-" lr~rc4 A-,. P 1"'7 ovJtI\.A~L ~..- ~ 10 b J K;,.,... '7 D v...r o t ..;--t..: ~ ~~V;.4 J '" Af. PL(,A~ AOV;./IE. ,F- .:r /-JitLf' '70 v"- fiJv +. ;../ To T/-h'J r-A TI ~ ~. /-M ./ REQvl ,.~O 1"''1 +L VV-e.. + lA-'J j A~ -...J' " I,)",-J r./ V'f -'T" "- :;. ".,,...,...r- dF 7 HI./ f'P-O(oLe.l ...r......b. J.: v:"; 0 -' - . F:.:~ A f'r;-"- ,/../' ell....... rsE Dr /-1..... '1 c.." --'t/*~-J-, 0.-/ ,,-v: TI-I \ 2[" rtCWJ.4W - lXl ::fl=-1"DOD-:;:l:;L-3-19 H _ De..pOJl.fJrun1.... L0/W~ . . &5)4- " ~M~~" :;.-[;"Jt:d~~-: Hw Wl!S -t i <; fd- c {~ukc:l ~ ~aJ~. (oaJ~ c ICJss Lvtd,/ ~ ? CL-t I u.tv+? ~ l DV lnj 7 (1tl ~ 'Ne.f:a) f?jACr LoCA710N (DIHf8V<5fOiV.:5 ;-! f3e1:ltVN' 0= f?O.W. Ktao I'IJ~'" ~ev 1. ql?~5 y.. 4qooo :;; /qu,uOo ~ :5e.- t. Cf/t? " x 43,,:?{J)O :: e{~ 017 ~ ?<--- /qSjOOO ~ ~iftlWN ON /-.lAP o ~ Jil'IW I::' IT? , __-p"'O /!........., ....' .. t. ~\.. ::i' . D f Soulhold. N.Y, 11971 (516) 765-1938 December 17, 1984 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law Stnte Environmental Quality Review Act and 6NYCRR Part 617, Section' 61' .10 and Chapter 44 of the Code of the Town of Southold, notice is hel'eby given that Southold Town Planning Board as lead agency for th,', action described below has determined that the project will not have a significant effect on the environment. DE~CRIPTION OF ACTION The minor subdivision of Andrew Lettieri is 2 lots on 11 acres leGated at East Marion, Tax map NO. 1000-31-5-1.2. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occUr should the project be implemented as planned. ' ,~ Because there has been no correspondence from the Department of Environmental Conservation in the alottcd time it is a~sumed there are no comments or objections by that agency. The Suffolk County Hea~hDepartment has no ,objection of our designation of lead agency. There is no record of an application to that department. It appears that the project can be served by Subsurface sewage disposal system and a public water system. They note that information is needed regarding subsoil conditions to a depth of 17' and location, elevation of corners of parcel, subdivision application must be filed and approved by Department of HEAlth, intended use of parcels. They request these items prior to further review. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Diane M.. SChuftze,.. Secl~etary, Southold Town Planning Board, Main Road, Southold, New York 11971 .f~ ~. [~#.i!", ~ "'!. T . Southold. N. Y. 11971 (516) 765-1938 December 18,1984 Mr. Joseph Frederick Gazza 37 Gardiners Lane Hampton Bays, NY 11946 Re: Minor subdivision of A. Lettieri Dear Mr. Gazza: The fOllowing action was taken by the Southold Town Planning Board, Monday, Decenilier 17, 1984. RESOLVED that the Southold Town Planning Board&clare them- selves lead agency with regard to the State Environmental Quality Review Act for the minor subdivision of Andrew Lettieri located at East Marion. An initial determination of non-significance has been made. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN ~OUTHOLD TOWN PLANNING BOARD '0-i~ Oy~~~ of.. I ~ By Diane M. Schultze, Se etary _,!~I~LI' ..ILF'Y"__~...l1~."'- ,.. ______-1 I ---1_'"' . . SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES WASTEWATER MANAGEMENT SECTION COUNTY CENTER RIVERHEAD, NEW YORK 11901 NOTICE OF INCOMPLETE VARIANCE REQUEST BOARD OF REVIEW TO: iTO$G.I'/f 6".p.r2-".p. ?t7. ?3#X ')~,P 306Z)L,,v .!.;9",,e 9 "'''GetE ) ..c./. y: //,PS? DATE: ~-/t7-"t? t$".!-~ '" .t:.L. h'"/~J: "'6/fuNb:8€S;, ~.z FILE REF: "-,,,fIt ",_ _ tP.7 j -6'3 - /9. :>&>,.2/ ;J 2 63/-"S-",,/ The request for a Board of Review hearing has been received. Prior to scheduling a hearing, this office will require the following to be submitted: c=J Public water availability/cost letter. l1li NYSDEC Wetlands Permit or waiver. . Town Wetlands Permit or waiver. nusTL.e S ,(~~:e D Test hole data: o Test well results: . SEQRA determination letter from Tawn/~. c=J Proposed sewage disposal [) Location [J Grading plan (plan view and cross section) c=J Completed application. . Other: CA'~L 7#/$ "'~HC.t!: ......"';<. ~ AP/'AV"'__~T ,7.:> ~/5C"d.S ~k.At . .;z;>Ae)~,,~""< . A hearing will be scheduled at the earliest available date as soon as all requested information is completed. Please do not call this office with requests for earlier scheduling. WWM-062 K'eMAn~. lOG1lA1IVt c-trrnnthe I/AYI~ IIU~IS. M.D.. II.'.". C_tulo"er PLEASE RETURN THIS FORM WITH YOUR RESUBMISSION. - .i;;;:'iA"UV l"Ll I\'rlr.; Jill" . - . .~". . PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES To: 7,;?"A/,r ?/AJ#4//A--2; .:?d'.#'M 7;,W,A/d~ .5t:!'~7;j'tP.-t.:;;Y .J.3~9.r AP~;.v /?t::>#~ /'NiT~.I.'j;>, ~":' //., 'Y' 7/ /J - S I (.h. ..7' "",. . r//fI'P/llEJV ,1P71iil</ -/?f"";. '1cdw-' Re. H" -3/-F-I.;2. Dear:af? ;;l~#lSr c?~~54".z:; Tm /tPIh? We are in receipt of your letter dated eer 3/, /98'Y concerning the above referenced project. ' .~C DAVID HARRIS. M.D.. M.P.H. COMMISSIONER Date //- ;7- 'Or ~ 1. This Department has no objection to your designation of lead agency status. 2. This Department is in agreement with your initial determination. 3. This Department does not agree with your initial determination. See Comnents. 4. Insufficient information is available for technical comments. ~5. There is no record of an application to this Department. A more accurate project location is needed. (Suffolk County Tax Map #) 6. Th1s Department has received an application and 1t 1s: I Complete Incomplete Other: 7.' It appears that the project can be served by: Sewage Disposal System Sewer System and Treatment Works !237 Subsurface Sewage Disposal System(s) Other: 548-3318 COUNTV CENTER RIVERMEAO. N.Y. " eOI , "6'\ G~\ \"~~\ o A~~ - 'if~' ,. 0'1l'V AOli"~' ~151, ,~ 5.Z511.65, "'/I. ~ __ .~. _.i _ __ ~ ~.,. ~ \ .", (J'\ '- I~' . . New York State Department of Environmental Conservation ,Regulatory Affairs Unit Bldg. 40, SUNY, Rm. 219 Stony Brook, NY 11794 .a .... ~ (516) 751-7900 Thomas C Jorling Commissioner .- November 16, 1987 Joseph Frederick Gazza, Esq. P.O. Box 969 3 Ogden Lane Quogue, NY 11959 Re: Application No. 10-87-1200 Dam Pond Subdivision, East Marion, Southold Dear Mr. Gazza: We are in receipt of your October 8, 1987 letter of inquiry on the status of the above application. As of November 13, ]987, this Department has not received a response to the SEQR Lead Agency Coordination Request that was sent to the Town of Southold on August 4, 1987. Since the last date for the Town to respond to the coordination request has long since past, we are proceeding with an uncoordinated, independent review of your proposal. In order to complete our review, we require the following additional information: I. Complete and return the enclosed Full Environmental Assessment Form. 2. Submit plans for the proposed road that will include the amount of fill to be brought in and the way surface runoff will be contained. 3. Please stake the location of the building envelopes and septic systems for each lot and the location of the road at 100' intervals. This information will enable us to complete our review of your proposal. Thank you for your cooperation and patience. Sincerely, . ~(J,~~ il I, George W. Harnrnarth Environmental Analyst GWH:jf II"......' .... . . Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 22, 1988 George W. Hammarth New York State Dept. of Environmental Conservation Building 40 -SUNY Stony Brook, New York 11794 RE: Proposed Subdivisions for Lettieri & Gazza situated at Dam Pond, East Marion. SCTM # 1000-22-3-(19-221 SCTM # 1000-31-5-1.2 DEC # 10-87-1200 Dear Mr. Hammarth, The Planning Board has reviewed the file, Mr. Gazza's letters, the Health Department's request of January 13, 1988, and the State Conservation Department's letters. Its position is as follows: 1. It agrees with the County Health Deparment and the Department of Environmental Conservation that the five proposed developments should be reviewed as one overall project for the purpose of environmental review and planning. 2. All the building lots should be clustered on lot 1000-031-5-1.2. This would obviate the need to build a road across wetlands; and would mitigate the potential for environmental impacts on Dam Pond. Further, as was discussed with Melissa Spiro on September 7, 1988, the Planning Board wishes to assume Lead .~~ Agency for the entire project. It is aware that the State Department of Environmental Conservation is the lead agency at this time. However, with this letter it is petitioning the State and the applicants to agree to shift lead agent responsibility. The Planning Board is currently lead agent on a coordinated review of the adjoining property of Cove Beach Estates. It is not possible to review these two proposals in isolation from each other. Accordingly, the Planning Board logically should be lead agent on the five Gazza-Lettieri proposals. Therefore, the Planning Board respectfully requests the . . State's agreement and cooperation in the responsibilities by signing the attached to this office as soon as possible. shift of lead agent letter and returning it , t=;;??7 / :J~. / ORL04I(~~~ ----: . CHAIRMAN enc. cc: Robert Greene, Commissioner NYSDEC Roy Reynolds, SCDHS Joseph Gazza, Applicant Andrew Lettieri, Applicant Jay Schondebare, Town Attorney .,)~-: . . The signatures below represent an agreement to shift the lead agency responsibilities from the Department of Environmental Conservation to the Southold Town Planning Board. Joseph Frederick Gazza Applicant Date Andrew Lettieri Applicant Date George Hammarth Environmental Analyst-DEC Date ):p'Z- ~ "- "0" - ,,0- - '- O"CO 0-'><- 'l.o..:J r,,-e ' '>.' ><'''' <l- X. 'f\) ,=-Q.~ ,~ '02- '>....~~' 0)' c; '::><...o..C!--- \.0- 0- ~T- . ...r ....--':v' V Aw: e. ) f&1M J /VI,;"",... . JOSEPH FREDERICK GAZZA ATTORNEY AT LAW P.O. Box 969 3 OGDEN LANE QUOGUE. NEW YORK 1 1959 (516) 653-5766 (DAY AND EVENING) A Jv:..l-<. (,J~f-I'r .t.- J"g - D)V'./;o.J ~(L.:{I'r/,~~ . ffrrie/ . /-1-0 JJ ,v--> /JIJ>' /, 2r ill 1 SFP ~,': I,~ '-" 1') r/ r/l '1'" f~ . . . --~Sr~uin .j1~()~---~l'nQ.rrh/:bE=-<:::,_-~--.A~.~~61'"4-liga-.-_ , --~,~~ ~~~^t-~ ~ ~ ~.6l:~-~C~-\~~Jo:t ~G) ~- . ~~-~~ s;9. G~ ^ ,T A.t2.f'/i .. ---1Y''''t' a .--~~_ --=-A~k-~eW~Q-~'-~itt::~~~~~ "ftt9_~ ._~-~~ ~ . ~~-- -c~.-... -=-tK.-;~n_~fr-~~~-~-~~~~ltttu. ~~~ .~~ .--.-- r~-. ~O~.$)'d k_~~~~ - n~____~~_ z- .~ .~. J ,'rffiXl ~~~________ .... . .c...~ft.. ~~a-~n_~____~L__~__~__~_ ..~~~=-~~~ ~~~a1Q~_.._~~~=- n-SBGl.-R~.....-=rk. _~&~ 1~ -=--~-.m..~CO\....~_. -- "'.. "";<-...k&~. . .1 J.hg .!:lj;.L-'\)-fL~.--"LW t~ ....A .-m__ -- . _~\lQ_~~~~ ~~~~n___ ~~_~nn~C.~~~ -~jk",~_t't:- zf.woJi4~~ ~r;;:.A- _\OLQt-.:l. -\n'J--~.~.V_~04'\/ ~~i "1"\11J.-ll..<J.-Q.A . ~_~j "(I~ . - ck;" -100 \ ~,.... ".",~i _a~. _1-1~ "if, T,", "-' . ____c:.o~..lL~ ___ . :-\:<:L. \..e ~ l-ear/) ~--')_~~-'t j: . .\NO-.cl. ~ n~f~' ~n Q~~nwou\Jhe.~-=r. '\G\CJ~b. lA:lou\C) ~ W\Th.OURc_~~. .______n_n_ ________ .---.._--.....--.---- n.. -.. ~\\ ...il .J[ -..... .'~m__..._ .----.----~. ._...... ._.. --- .de.. ~~ ..~-~---~uill~u_ ~-~1ltl.'S_~__ .~--C~n........ulli..~~'O..0'l\F:'JU')CI.-\.eR_.-1k. ~~~_ -._-~ 0. k...~ (h"Y\.(:>Q.N'Y\). __u_ ..... -, ---....-----"..~---------.- ------,..- - -.--...-----.,---_..___~__.... __U______'___"__'__ -------.'.-----.-----, ----_._~-_.,.._._-- ---- - ------ -- -- -- -- -~ -~---- - - - - --- - ------------_._._--~- ---.--- --... -~_.~-- -... .--- .- - .-----.--- --_._--~----_..._._---_. -- -- --..-.-------------.--. --. ----'.-.---- - .-.------------.- ____n._____._________._.___._____. ___.. _.~.____ .____.___.._________._____..~__ ___un ____.___. .__ __ ____________________~___._._ -----.-. -----------., ._--~.__._- --.-- ---------- . . ATTORNEY AT LAW P.O. Box 969 3 OGDEN LANE QUOGUE. NEW YORK 1 1959 (516) 653-5766 (DAY AND EVENING) JOSEPH FREDERICK GAZZA July 26, 1988 Southold Town Planning Department Town Hall Main Road Southold, New York 11971 Re: Proposed Subdivision, Lettieri and Gazza, situate at Darn Pond, East Marion Dear Miss Valarie Scopaz, Enclosed please find blueprint of above referenced proposed subdivision, showing the flagged line of Wetlands by New York State Department of Environmental Conservation. Kindly advise of any additional information I can provide for your Department in order to complete the review of this matter. encl. Ver . . p D Southold. N. Y. 11971 (516) 765-1938 April 29, 1988 ~ ~; Robert Deluca Bureau of Environmental Management Office of Ecology S.C.D.H.S. County Center Riverhead, NY 11901 RE: Dam Pond SCTM *1000-22-3-19 to 22 UOOO-3l-5-l Dear Mr. Deluca: The fOllowing is an update of the above mentioned subdivision. Mr. Gazza has been asked to stake the wetlands line. He has been informed that the Planning Board will make no decisions until this is done. The Planning Board has made no determination whatsoever as to the layout of the lots or the roads; however, its intention is to encourage clustering. Any further information will be forwarded to your office. .'~". Very truly yours, 6~~~fuJ, BENNETT ORLOWSKI,JR. CHAIRMAN k r . cc: Trustees DEC jt , . Frank A. Kujawski, Jr., Pres. HENRY P. SMITH JOHN M. BREDEMEYER, III John Bednoski, Jr. ALBERT KRUPSKI, JR., Vice-President ------- . . TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TO: Valerie Scopaz, Town Planner FROM: Town Trustees DATE: April 28, 1988 (J?--- As per your request, please be advised of the Trustees findings regarding the following applications: / /FRANKLINVILLE HOMES - 1000-125-2-2.2 - Trustees found no evidence of wetlands - no jurisdiction. AGENCY - Trustees determined they have no STYPE BROTHERS jurisdiction. ./THORTON SMITH on the site. to the pond. ~DBM COMPANY - 1000-55-6-15.1 - Trustees are to contact the C.A.C. after it is staked for inspection. - 1000-121-1-1-,p/019 - The Trustees found a pond There is to be no grading on the top of the slope ~OVE BEACH ESTATES - 1000-22-3-18.3 - New access appears to be far enough away from the wetlands. IJOSEPH GAZZA - 1000-22-3- (19-22) 35-5-1.2 - Trustees will refer this matt€~~tb the C.A.C. for recommendations. .....'... .,;' -.~. Co~ \I'c,~ ~ . . New York State Department of Environmental Conservation Building 40-SUNY, Stony Brook, New York 11794 (516) 751-7900 RECEIVED BY SOUTHDLD mWII fLANNING BOARO __~JY~ ... ~'J98L Thomas C. Jortln9 CommIssIoner ~ April 22, 1988 Joseph Frederick Gazza, Esq. P.O. Box 969 3 Ogden Lane Quogue, NY 11959 Re: 10-87-1200 Dam Pond Subdivision Dear Mr. Gazza: We have received your recent letter requesting that the landward edge of the tidal wetlands on the above referenced property be delineated by DEe staff . The Bureau of Marine Habitat Protection will visit the site and flag the landward edge of the tidal wetlands if the hnllnti~Tv nf the Darcel is staked as shown on the attached cop of the surve. The large size of your property an e enormous war 08 0 necess1tate that our inspector have reference points for orientation in the field. These points will allow the inspector to get his bearings and complete the flagging as quickly as possible. Please be advised that staking the parcel for the wetland delineation will not relieve you of the need to stake the boundaries of building envelopes, locations of septic systems and other items listed in my December I, 1987 letter. When placing stakes for the wetland delineation, please refer to the numbering scheme used on the attached survey. Please notify this office in writing when the stakes are in place. _ All J?Y'~ "..... I" ~1..At.(. Sincerely, ~ i/.6 ~k 00:1-1-1\' ~~~; ';. e~ t\C OC'dc - j...o" _ ~'C,MAl.U. "'^""^<:v oS l'b 69 3 . \\,)59 v 1'.0. "'0 l-lew"\'0'\6 QuogUe, 653 . 57 George W. Hammarth 5\6' Environmental Analyst GWH: j f ~~...L "" ; }- ~ 1) 10 ~ --rk F"( A , ..,L... :> f(I....... AJ",J>- ~ VAt AA.~ 7(' ~W~ ~J R:LL....... #-f!d ~~ A- ___,.u....".. ___ ~ ~ , ,~- . JOSEPH FREDERICK GAZZA ATIORNEY AT LAW P.O. Box 969 3 OGDEN LANE QUOGUE. NEW YORK 11959 (516) 653-5766 (DAY AND EVENING) April 9, 1988 New York state Department of Environmental Conservation SUNY Building 40 stony Brook, New YOrk Att: George Hammorth - Regulatory Affairs Re: Application No. 10-87-1200 - Dam pond, East Marion, Tidal Wetlands Dear Mr. Hammorth, A meeting was held last week with Miss Valarie Scopaz of the Southold Town Planning Department regarding the above re- ferenced. Valarie explained that the Planning Board would require a survey showing the line of Wetlands drawn from actual field ribboning of the Wetlands. I explained to Valarie that you had requested the proposed road and lots to be staked out by my surveyor prior to your inspection. It was Valarie's suggestion that the Wetlands should be located first as the road and lot layout may be at variance with the proposed, depending upon Wetland location. Please advise of your Department's position regarding this matter. Ver 1\ I i " i cc: Southold Town Planning Board Main Road Southold, New York 11971 / D.... ",.. J~ It" .. . ~@mU\Yl~f";1i lllij!l SEP - 7 1988 ;UI! ; , SOUTHOLD TOWN i PLANNING BOARD -'~--_., J{)SEPH F.~E:>ERIO< GAD], m ;:'.T,'"ORNC::Y AT LAW F.O. Box 969 3 OGDEN LANE QI_JGGUE. NEW YORI<. 1 i95Ji U~, 16} 1;153.5766 ;L.~J;Y AN'CJ EV::Nlr';C) f\oI'll 9 l7[\8 New York State Dep8~tment of Environmental Con_ervaticn <:':,iNY [,j.ild1ng 40 (~L (J,~ :.' i_) r O(ik 1 i"e 'J'.' YG ~'k /\tl": GeorGe HarnrT'!Ort'l - regulc.tOTY P\ffair3 De8.r ,V:r. ~jal1(,ltJlth, I<e: An~Jicati~n No. 10-87-1200 - Dam ?ond, fasl M~~io_1J Tid31 Wet13n~s A nlee~ing WQS held 13st week wit~ \1i35 'ja:arie Scopa: 1f the So~t~lnld TGwn Plan,ling Cr~partmen:' regc:ccjird;;j t'le above i'e- ferenced. Vnlarie eX,Jlai ne,j that the Ph'nning Board 'Nould I'equire a survey sl10wing the line of Wet12~js drawn from a~tual field ribboninG of th2 Wetlands. I exolained to V21a~iethat YDU :18:J rCrjucstr;-j the propose(~ road un~-j 1~it3 - to ~)e stzd<ed ..>-1;: 6-- by ~y Surv2yor priur to yo~r j~sp2cl-ioi'1. :t ~as Valaricls SlJg~~stian Lhgt the ~'etlands si~oLjlG be located first ~s th2 road opO 1.0 layout :Tir~y be aT. variance wit:l the p~oposed" deper-oilJ i J p.:1 n ~-J e t 1 8 n d 1 c C;C~ t j 0 r'; . Ple8se Jdvise of your Qep&rtment's pGsit~on :~g3r~in0 this iii 2i 't t r r. cc 5outilOld TOW'-l HaJn noao Southold, New V r:: -:-' ',} r r ~J 1 v /, 0 U S ~ \\ ...., \\;, (\ i ~ \ '\1:"' l,- \! . .JO S e:?I\\:' ;- ro/de r 1 ;:~_k \ ~ \ :' \j GaZZ8 rlannjng 80ard YOTk 11971 '1/r/!'I' \J~~, W~" ~t ? ~\ AN-4 :r,..-c. AJ.,. ~UNTY OF SUFFOLK ~~~"P ~,!) . ~~ i?Q:;~ ",l.~)~<! ':' '\'.-.J.:.;.l.oo.-.j.' " ~,"'h~..~,.:-L.,.~ ~~ ".' ,," ~~. -. .": Patrick Halpin SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS. '>1.0.. M,P.H. COMMISSIONER March 1, 1988 Mr. George W. Hammarth, Environmental Analyst NYSDEC, Division of Regulatory Affairs SUNY at Stony Brook, Building #40 Stony Brook, New York 11794 RE: NYSDEC Application #10-87-1200, Dam Pond Subdivision S.C.T.M. #1000-22-3-19 through 22 and 1000-31-05-1 Dear Mr. Hammarth: The Suffo 1 k County Department of Health Servi ces recei ved your 1 etter of December 9, 1987. Please be advised that our department wishes to participate in coordinated review of the above-referenced application. The Office of Ecology will conduct a field inspection of the subject property as part of our department's review of this proposal. We subsequently will provide your agency and the Town of Southold with our comments and concerns pertaining to the proposed action's compliance with the Suffolk County Sanitary Code, and its potential impacts on natural resources. We hope you will keep us apprised of the status of the subject application, so our comments can be submitted at the most useful stage of review. Thank you for the opportunity to provide your agency with information oertaining to the reviel"l of this application. Should you have any questions or concerns, please feel free to contact the Office of Ecology at your convenience. Sincerely, ~d /fl~ Robert S. Deluca Biologist Bureau of Environmental Management Office of Ecology RSD/amf cc: Valerie Scopaz, Town of SoutholdJ Charles Hamilton, NYSDEC ')-? ii,' COUNTY CENTER RIVERHEAD. N.Y. 11901 , ____..--1 lit . . /j dl be' ~l\. =-mm____C u. --,-_._---- --- ---',----- ----._- -- ------.--." --,. -- - - G- CI.? A=_C~m ~ncJ t S\)l:2'':' ~ .f 'CQPO ~Ct.O -- . ..j;f-~9-.~ ~~ ~il'cd-'tJ2.. ~. tcJ2 a&<;t2l..~.m~" _.__.. . .... -. wd:(~Q6.o e ~,,9 ..fo...k-'s~).:~c. '" J -. m.--._.~t:::c__~~. _~_~;;~~~.__ -----.~-. ~~.~-~-Je-g~~n~~m d IA_ - - , +a.4- ~ H~~_-_~_~L-__-M\ ... c:.cxYY.. ..... 'm__ . . _. ". _~h -~~-'--=--~---~mm~~~_. _.__. C.~L-j~\.&_~__.~m' w(..~n. w~. ...a-t--U ....--Jk.- V t.. v ----..npe'2'YLfu1-f.~'m.-- _.__ ,., /-+CVJ(Vr/f1~., ~/L~_ U_\>~-~-.LfR.QC)9--Jm'___ -c~!)'''''''-~<''~_ m _____. -Ji'\lQ. .... .J':.g..~m~ ~vcl? _m_'b',~_ 'S-~ +~ ~Ja.-~1~. -P~I ~~-.QJ?L ~ LA. . I --lJ 7/". cJ&;~-~~rt-~~~-~~:IiJ-. wW:.~ti~?-=~~~= - --- - --_._.."-----~_._-.._--_._._,,--_.__.._._--- ._--. --------------.-- _.,-~--- ---- -- ,~ c~-<!'-:? ,f-I!~ Ai -- ~ _ .7 ;I . ,-:/ Y;y'- -;j"~/l..--v __.___nn________...__...___.____ '_______ - 'n -_ _ __',,__ ____H.___ ________..._...________..____ '______ -- -- .- --.-.--..-----------..-----.-----.---.- ------- -- ----------- COUtTY OF SUFFOLK ~ -~ PatI:"ick G. Halpip ~ SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS. M.D" M.P.H. ,;OMMISSIONER January 13, 1988 l\ndrew & BeD1ice Settieri 7 Sterling Cove Greenport, N.Y. 11944 RE: SCIM# 1000-22-3-21,19,20,22 SCIM# 1000-31-5-1 !:ear Mr. and Mrs. Settieri: This !:epartrnent is in receipt of five separate applications for Realty !:eve1opnent involving the al:x>ve referenced properties. Dle to the interrelationship of the properties and applications, it is requested that the !:evelopnents be consolidated into one overall project and map, for SEQRA review purposes. This will facilitate the review and variance process. If you have any questions conceD1ing this, please feel free to contact me. Very truly yours, 7 ( _.(~.,) . Royal R. Reynolds, P.E. Sr. Public Health Engineer Bureau of Wastewater Management -. ~/ ~ RRR:ljr cc: NYSDEX: Southold Town Planning vi to Minei Harrmarth, NYSDEC Board NTY CENTER 'RHEAO. N. Y. , 1901 548-3312