HomeMy WebLinkAbout1000-22.-3-19 (4)
BENNETT ORLOWSKI, JR
ChaIrman
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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
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.
Sub~.
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JOS!'!'II FRFllFRllK G^ZZ^
XII OI(NFY AT lAW
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()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!
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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,
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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.
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APR 0 b 1~1
Southold Town
Planning Board
APPEALS BOARD MEMBERS
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Sv\:;
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Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lara S. Collins
George Horning
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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.
.
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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
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ORIENT AsSOCIATION
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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
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south old Town
Planning Board
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ORIENT ASSOCIATION
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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
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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
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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
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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
,
.
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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
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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
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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
.
.
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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
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JOSEPH FR~OERICK GAlZA.
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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
.
.
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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~
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~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
,/
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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:
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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.
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NOV 2 91993
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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
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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.
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.
.
RIchard G. Ward. Chalnnan
George Ritchte Latham. Jr.
Bennett Orlowsld. Jr.
Mark S. McDonald
Kenneth L. Edwards
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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.
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CRAMER, V~ AsOCIATES
ENVIRONMENT~G CONSULTANTS
.
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~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
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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
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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
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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
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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.
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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
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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
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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
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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,
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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.
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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.
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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.
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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
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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
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CRAMER, VOO'RHI 8@. SOCIA TES
ENVIRONMENT~\~ ~~~G CONSULTANTS
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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
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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
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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
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CRAMER, V00RHI~~fA~SOCIA TES
ENVIRONMENT~rl-t~G CONSULTANTS
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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
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CRAMER, VO . RHI , &'~:SSOCIA TES
ENVIRONMENT~: f&miiING CONSULTANTS
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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.
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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
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CRAMER, VOORHIS MSOCIA TES
ENV'RONMENT~Nf)~tr~G CONSULTANTS
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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
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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
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CRAMER, VOO~~~\SOCIATES
ENVIRONMENT~"i~j,t~G CONSULTANTS
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RIchard G. Ward. Chalnnan
George Ritchie Latham. Jr.
Bennett Orlowsld. Jr.
Mark S. McDonald
Kenneth L. Edwards
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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
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SCOTf L. HARRIS
Supervisor
Town 11;,11, 53095 Ma~ Holl!'
P. O.lJox 117~ ZOl
Southold. New York oIO~7!5 'g.
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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
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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
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RIchard G. Ward. Chalnnan
George RJlch1e Latham. Jr.
Bennett Orlowski. Jr.
Mark S. McDonald
Kenneth L. Edwards
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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
.
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RJchard G. Ward. Chalnn..'l.n
George RJtchie Latham. Jr.
Bennett Orlowsld. Jr.
Mark S. McDonald
Kenneth L. Edwards
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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
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JOSEPH FREDERICK GAZZA
ATIORNEY AT LAW
P.O. Box 969 5 OGDEN LANE
QUOGUE. NEW YORK 11959
(516)653-5766 (DAY AND EVENING)
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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
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AUG I U 1993
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-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
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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
"
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( 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
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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
-.
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.
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
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. 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
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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
,/
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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
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Appendix B
Sl..,te E wironmental Quality Review
ViSUe II EAF Addendu111
1fT
14-'-4.11 j2187)-9c
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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
,,/
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.
.
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
",....._....~-..~"...^-_..._.,'..
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AGENT FOR northAmerican@VAN LINES
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.
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
.
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.
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
~,
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Joseph Frederick
P.O. Box :Jt)'.
3 Odqcn :...111"
OUoguc, :JY llJj:)
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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
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19~
I $ l.IOo-:""
~: PAY TO THE -n
~,(lHrJ[ROF 10'-" -t
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.
, ~ nlE """''O'.K COUNTy NATWNA,_ RANK
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3200.55.
--
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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
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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
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.
.
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.
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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...
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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?
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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...
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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.
.
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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?
.
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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
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.
.
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
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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
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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
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(JI'V C. .51- .r7t:.f.
mv 2 5 1991
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.
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
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PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham. Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
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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
/~.
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.
.
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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
~
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; III
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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?
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-"
.
.
.....
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
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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
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SOUTHOLO TOWN
PLANNING B04RD
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
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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
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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
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NI:W YORK STATE DEPARTMENT OF I:NVIRONMENTAL CONSI:RVATlON
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REPLY AT BOTTOM OF THIS FORM
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New York State Department .nVironmental Conservation .
Building 4D-SUNY, Stony Brook, New York 11790-2356
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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.-:
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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,
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George
Senior
~~ Hammarth
Ervironmental
Analyst
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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~
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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
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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
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OCT i 3 1991 : LJ .
SOUTHOlD TOWN
PLANNING BOARD
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.
.
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:
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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
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New York State Department 01 Environmental Conservation
Building 40-SUNY, Stony Brook, New York 11790-2356
(516) 751-1389
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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
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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
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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.
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Mr. Bennet O~lowski, Jr.
Planning Board Chairman
Southo16 ~own R&ll
53095 Main ROiid
Southo1d, NY 11971
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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
.*
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New York State Department of Environmental Conservation
Building 40-SUNY, Stony Brook, New York 11794
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(516) 751-7900
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'.'1 is Thomas C. Jorling
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January 9,
1989
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: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
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George W. Hammarth
Environmental Analyst
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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)
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New York State Department of Environmental Conservation
Building 40-SUNY, Stony Brook, New York 11794
(516) 751-7900
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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
.
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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
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JOSEPH FREDERICK GAZZA
ATTORNEY AT LAW
P.O. Box 969 3 OGDEN LANE
QUOGUE, NEW YORK 11959
(516) 653-5766 (DAY AND EVENING)
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{ 1:31989
ATTORNEY AT LAW
P.O. Box 969 3 OGDEN LANE
QUOGUE. NEW YORK 11959
(516) 653.5766 (DAY AND EVENING)
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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
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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
.
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'-/, OCT 14 1988
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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
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.
.
New York State Department of Environmental Conservation
Building 40-SUNY, Stony Brook, New York 11794
(516) 751-7900
~
January 9, 1989: .
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\'If ~ ;;:5 C. Jorling
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"
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
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PLANNING BOARD
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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
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COUNTY OF SUFFOLK
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PATRICK G. HALPIN
SUFFOLK COUNTY EXECUTIVE
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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
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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
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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
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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.
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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
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. -fAnEs A. S8HOND.E;~RE, ESQ.
~uWN HALL - P.O. BOX 1179
'~309S MAIN ROAD
SGUTHOLD, NEW YORK 11971
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CHICAGO TITLE INSURANCE COMPANY
877 EAST MAIN STREET
RIVERHEAD, NEW YORK 11901
(516) 727-4455
8808-04436
No........................_...............
NOVEMBER 30, 1988
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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
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$177
$300
$477
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Fee Fee Fee $
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JOSEPH FRCDERICh GALLA ACCT NOS, Q 6137~-()3 {)(i
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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!>
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INSTITUTION ACCOUNT: S'MAN: Mun. Dept. Searches:
:1EFERRAL ACCOUNT: S'MAN: 0 C,O, Other
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'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)
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, SURVEY I NONE I AS OF EXISTING I AS OF POLICY DATE I
I COVERAGE ~ SURVEY DATE 0 ORDER NEW 0 USE EXISTING 0
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IF'LE:ASE RUN FOF' AN ATTDF:NEY I
ISEARCH FROM 1957 TO DATE~
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!NOTE: IN CASE OF CANCE:LLATION OF THIS SPECIAL
'SEARCH, THE FEES CHARGED WILL REMAIN THE SAME. I
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Report on Il/Hl To 1 Discount S M/F $
Copies Prior Insurer I I
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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
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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
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(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
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JAMES A. SCHONDEBARE, ESQ.
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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.
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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
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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.
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New York State Department of Environment
Building 40-SUNY, Stony Brook, New York 11794
(516) 751-7900
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November 17, 1988
Francis J. Murphy, Supervisor
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
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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
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Peter J.' Frank
Forester, Stony Brook
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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
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{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
,..
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SOUlllOLD TOWN
PLANNING BOARD
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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
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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
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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
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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)
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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
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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
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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
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.
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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" . - . .~".
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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::>#~
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..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
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New York State Department of Environmental Conservation
,Regulatory Affairs Unit
Bldg. 40, SUNY, Rm. 219
Stony Brook, NY 11794
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(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
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.
.
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
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JOSEPH FREDERICK GAZZA
ATTORNEY AT LAW
P.O. Box 969 3 OGDEN LANE
QUOGUE. NEW YORK 1 1959
(516) 653-5766 (DAY AND EVENING)
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.
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
.
.
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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
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.
cc: Trustees
DEC
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,
.
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.
.....'...
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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
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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
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cc: Southold Town Planning Board
Main Road
Southold, New York 11971
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SEP - 7 1988 ;UI!
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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
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YOTk 11971
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~UNTY OF SUFFOLK
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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
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COUNTY CENTER
RIVERHEAD. N.Y. 11901
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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
-.
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RRR:ljr
cc: NYSDEX:
Southold Town Planning
vi to Minei
Harrmarth, NYSDEC
Board
NTY CENTER
'RHEAO. N. Y. , 1901
548-3312