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HomeMy WebLinkAbout1000-117.-5-46.4 ,~ II \ \ . \ i , I , I . ~ P.O. Box 53 New Suffolk, N.Y. 11956 May 17,2000 I~ Board of Trustees Town of Southold 53095 Main Street Southold, N.Y. 11951 Southold Town Planning Board Ladies and Gentlemen: Subject. "r-T" ~ .;;;i;&\..lj:ijtl~t{l;YllMU),\ I am disappointed that the "Notice to Adjacent Property Owners (SCTM #1000- 117-5-46.4)", written in a way implying improvements to and beautification of said property, may actually be a tactic to deceive bordering property owners into unwittingly allowing destruction of the nature conservancy and making a vehicle and boat parking area. I discussed the situation with Mr. Jerry Schultheis, who has already written a letter to you dated, May 15,2000 and I wholeheartedly agree with him. I now believe that before SCTM #1000-117-5-46.4 is approved as originally stated, the DEC and Southold Town Planning Board must get involved for issuance of the required permits. My concerns are the destruction of the natural conservancy and pollution of the eco-system, which then also affects the health of human beings. · The destruction that has already taken place caused the displacement of large rats that some residents have observed in their domains. · Storage and cleaning of boats is likely to cause seepage of washings, gasoline and possibly other chemicals into the groundwater. The natural flow in water table is from north to south, in other words from Mr. Tuthill's property to adjoining properties to his south. . Creosote soaked and CCA pressure treated wood products are being stored on Mr. Tuthill's property. Creosote is known to be a human carcinogen. Chromium copper arsenate (CCA) is a deadly poison and may be a human carcinogen. When CCA treated wood burns, inhalation of toxic fumes will cause death to humans. , . . . New Suffolk has had more than its share of human cancers and I want to be an advocate for preservation of health and life. Very truly yours, 3~~ STANL SADOWSKI SCTM # 000-117-5-39 cc: NYS DEC - Tidal Wetlands Southold Planning Department Town Attorney - Greg Yakaboski May 15, 2000 !=e;R. c:;.oc;H .eA. ~ . . 1640 First St, PO Box 299 New SUII'oIk. NY 11956 (831} 734-7265 RE: SCTM#117-5-46.4 CERTIFIED MAIL Planning Board Town of Southold 53095 Main Street Southold, NY 11951 Dear Planning Board, Subject: LIIwrence M. TuttllI Appllclltlon I would like to take this opportunity to bring to your attention a situation involving a hearing before the Town Trustees on Wednesday, May 24,2000 at 7:15 PM. The application by Lawrence M. Tuthill addresses assorted clearing and cleanup. The application does not address that apparently the work is being performed in order to create a parking lot. I reviewed the Southold Zoning Code to check the requirements for Marine I (Mil District which lot 46.4 is in. Section A of the Use Regulations indicates that the intended use is subject to site plan approval by the Planning Board. The apparent intended use is for a parking area and there is already dock building materials stored on the site. Section B indicates that a special exception by the Board of Appeals and a site plan approval by the Planning Board are also required for Mariculture or Aquaculture operations which are based at this site. The operations include re-seeding contaminated clams and storing shellfish in the bay. I am not aware of any record of such site plan approval or granting of a special exemption. In regards to the removal of over 20 mature trees which has already taken place in order to .plant and mow grass. I don't believe what has been done conforms to the residential use of all the surrounding properties. I also believe when you review the dimensions of the land being utilized you will realize that when existing ROWs are taken into consideration there is not enough room to allow turning radius's of boats on trailers without ruining the remaining vegetation on the lot. In summary, I believe this is an iII-<:onceived project, which has progressed without the necessary approvals. The scope appears to be more significant than outlined in the application. The project does not fit in with the character of the neighborhood; it will decrease property values and should be halted and returned to its original condition. cc: NYS DEC Town Trustees Town Attomey Si.- ~ ultheis ~, Southold Town Planning Board . . < 1640 FimSt., PO Box 299 Now Suffolk, NY 11956 (631) 734-7265 May 15, 2000 RE: SCTM# 117-5-46.4 CERTIFIED MAIL Town Trustees Town of Southold 53095 Main Street Southold, NY 11951 Dear Town Trustees, Subjec:1: LlIwnInce M. Tuthill ApplIcatIon I would like to take this opportunity to address my concerns regarding the application of Lawrence M. Tuthill for a Waiver for assorted clearing and cleanup. It is my understanding from what I have been told by the neighbors that the purpose of this land clearing is to create a parking lot on the s~e. This item is not mentioned in the copy of the application I have received from Mr. Tuthill. For the record I am the owner of lots 46.3 and 44 both of which abuts lot 46.4. As part of my deed to lot 46.3 I have a deeded ROW to a section of lot 46.4 which runs for a width of 29 feet from Orchard St. north to lot 46.3 as well a section 25 feet wide which runs along the south side of lot 46.3. I also have a deeded ROW to maintain a well for my domestic water on lot 46.4 whose location is unknown to me. I believe that is complately out of character to locate a parking area in an area completely surrounded by residential use. The area, which has been completely denuded of all trees and vegetation, had served as a natural hab~ for birds and wildlife. Since the unauthorized clearing has taken place, I have observed large rats on my property for the first time since I bought the property in 1987. I have questions regarding the material presented in the application, which need to be addressed. I cannot find any adjacent neighbor to the area cleared whom asked for the clearing to take place. The application mentions fences to be installed but does not address where they will be located as well as whet type they will be. Reference is made to paving which will be performed but the limits of paving are not delineated nor is the type of paving specified. I will admit that paving is a necessary element because of the excessive dust raised by vehicles driving by. In fact, the additional dust generated by users of the parking areas will worsen the dust situation. If a proper job of grading is performed before the paving is completed it should eliminate the problem from large puddles in the roadway which can serve as breeding areas for mosquitoes. The application references the removal of second growth trees. How does one define second growth trees? I have counted more than 20 trees, which were removed, and the diameters of the trunks of the trees were up to 18 inches. In light of the efforts of the New Suffolk Civic Association to replace trees destroyed by last summers tornado we all should be saddened by the unauthorized removal of these mature trees. The application states that the area will be cleaned up and grass will be planted and that the grass will be mowed. Since 1987 when I moved to the area I have never observed any clean up or maintenance of the applicants property. It seems like a significant expenditure of funds is being undertaken for the purpose to plant and mow grass. To date there has been heavy equipment used to remove tree stumps and I estimate that at least 10, 3O-yard dumpsters of material have been removed. I have been told it costs $600 to $1000 to dispose of each Dumpster. It sure seems like an expensive undertaking to 'cut and mow grass'. . . . Page 2 May 16, 2000 A review of the Soulhold Zoning Code for a MI District indicates that any use other than A (1 ) is subject to site plan approval by the Planning Board. I have seen no evidence that the site plan approval for this project has been granted or applied for. It has been brought to my attention by neighbors that Phil Loria from Captain Martys will use the parking lot for his purposes. These causes me even more concern because of numerous issues which involve the present operation of Captain Martys. It appears that the boats stored on SCTM# 117-7-31 & 32 actually occupy a portion of the Town ROW for First SI. The tongues of the trailers stored on the lots overlap the ROW and s~ on Town property that could be used as a sidewalk or a curb to improve cond~ions in the area. There is not a single entrance to the parking area and the Town ROW is crossed throughout its entire length along First SI. In add~ion if you refer to the tax map for the area ~ shows that King Street extends to Cutchogue Harbor. How much revenue does the town collect for this use of public land by a private business? This public property could be used for the good of the citizens by providing aooess to the water as with other ROWs or to alleviate the parking problems in the area. During spring and fall you need to observe the traffic, tie-ups, which occur on First SI. as boats, are jockeyed into poSition for storage. If this occurs with a 50 fool ROW for First St. how will it be possible to park boats when the actual road on lot 46.4 is only 10 feet wide? There are additional concerns I have with the present utilization of lot 46.4 in light of its MI Zoning. I>J. present, there are dock-building materials consisting of CCA & Creosote treated wood as well as matal sheet piling stored on the site. This does not appear to be a permitted use in MI. I am even more conoemed about the treated wood because it is presently stored in an area where my domestic well is probably located. Section B of the MI Zone references a special exception by the Board of Appeals as well as site approval by the Planning Board for Mariculture and Aquaculture operations. It appears that the operations, which support reseeding clams and storing Shellfish, which are based on lot 46.4 should conform to this requirement. Do such s~e plans exist? What is going to be done with the laad-acid batteries resting on the top of the bulkhead next to the water? Is the empty fuel tank sitting next to the road further to the west going to be removed? Are the commercial boats allowed to leave their engines idling for hours spewing diesel fumes throughout the neighborhood while unattended? Will the commercial boats continue to flush out their systems while tied to the docks? These are all qual~ of life issues, which need to be addressed. I must also express my concems on how work will progress on this project if it is allowed to continue. At present, an inspection of the site will show the use of road sweapings and broken concrete, which have been brought in as fill. In the last week additional tree, removal has taken place as evidenced by the new pile of wood near the property line belween lots 39 & 40. In summary I would like to state that I believe this is an ill conceived project which has progressed without the necessery approvals, appears to be more significant than outlined in the application, does not fit in with the character of the neighborhood and therefore should be halted and the land restored to its previous state. My primary concem involves what the mess that now exists will look like after this destruction of the landscape is resolved. I would hope that there would be an opportunity to allow for public opinion on what remedies might be underlaken. Sincerely, Jerry Schultheis Cc: NYS DEC, Southold Planning Board, and Southold Town Attorney . . May 15, 2000 RE: SCTM# 117-5-46.4 CERTIFIED MAIL Mr. Greg Yakaboski Town Attorney Town of Southold 53095 Main Street Southold, NY 11951 Dear Mr. Yakaboski, Subject: ~_ M. TuIhlII AppIIclItIon I would like to take this opportunity to present you with a summary of issues I believe need to be addressed regarding the pending application of Lawrence M. Tuthill before the Town Trustees scheduled for 7:15 PM on Wednesday May 24. I do not believe that the entire scope of the project is correctly outlined in the application. It's my understanding that this significant investment in capital is not being done to clear and clean-up in order to 'plant and mow grass' but however is being dona to allow a third party to use the area as a parking lot This use is clearly not in conformance with the surrounding residential utilization of the area. The Town of Southold Zoning Code for Marine I (MI) District clearly calls for site plan approval by the Planning Board for the use intended as well as a special exception by the Board of Appeals. The Applicants' Guide from the NYS DEC-Tidal Wetlands Program clearly requires permits for roads, driveways and parking lots; for MOVEMENT OF EARTH MATERIAL such as filling and c1earcutting (removal of vegetation by bulldozer or other heavy equipment); for Excavating; and for Grading. All of these activities have already taken place. This is clearly an iII-conceived project, which does not frt in with the character of the residential neighbortJood and should be terminated and the land restored to its original state. Sincerely, Jerry Schultheis cc: NYS DEC Town Planning Board Town Trustees 1640 First St., PO Box 299 New Suffolk, NY 11956 (631) 734-7265 . . 1640 First St, PO Box 2119 New Suffolk, NY 11956 (631) 734-7265 May 15, 2000 RE: SCTM# 117-5-46.4 (Southold) CERTIFIED MAIL Mr. Ray Cowen, Regional Director NYS DEC SUNY -Building 40 Stony Brook, NY 11790 Dear Mr. Cowen, Subjeet: Lawnmce M. Tulhm AppIk:atIon-Sou TnIlItees I would like to take this opportunity to follow up on a previous leller I sent to the DEC on March 13, 2000 (copy enclosed) which in spite of attempts to get an answer to I still do not know the status of. I called on April 6, 2000 and spoke to K Worker who could not find the leller, which was mailed certified retum receipt requested and signed for by E. Neri on March 16, 2000. J faxed and E- Mailed a copy of the leller to Ms. Worker on April 6 (FAX-631-444-0297 & e-mail: kxworker@qwdec.statenvus). I heard nothing back and I called again on April 17, 2000 and spoke to Chris Arsten an Inspector. He told me he did not talk to his supervisor yet but he did take pictures of the site in question. He also said he had not heard anything from the Town of Southold Trustees and that it was OK to cut down the trees and fill in the land. He also indicated he did not see any excavation. I indicated that the Applicants' Guide for the Tidal Wetlands Program in my possession indicated otherwise. He indicated he would get back to me. It is now May 15, 2000 and I have heard nothing. A hearing is scheduled by the Southold Town Trustees for Wednesday May 24, at 7:15 PM. J believe that the work, which has taken placa, clearly requires a permit and that enforcament action need to be taken by the DEC. I have enclosed correspondenca I have sent to various Southold officials for your information. J firmly believe the work that was done by Mr. Tuthill for the purpose as I understand to create a parking lot was done wilhoulthe necassary DEC Permits and that remedial action needs to be taken to stop the project and restore the land to its original condition. Thank you very much for your consideration and would appreciate a response as to what action might be taken by your agency. Sincerely, Jerry Schultheis cc: Southold Town Trustees Southold Planning Board Southold Town Attomey . . March 13, 2000 RE: Tax Parcel-Suffolk County:D-loo0,S-117,B-5,Lot-46.4 CERTIFIED MAIL NYS DEC-Tidal Wetlands Region One Headquarters N Loop Rd, SUNY Campus Stony Brook, NY 11790 Attention: Code Enforcement To Whom It May Concern: SUBJECT: LAND CLEARING I would like to take this opportunity to advise you of what I believe is unauthorized land clearing. The clearing is taking place on tax parcel: District 1000, Section 117, Block 5, Lot 46.4 located on Schoolhouse Creek in New Suffolk. The neighbors have informed me that the clearing is being done to provide parking for vehicles and boats. There does not appear to be any permit displayed and my review of the Tidal Wetlands Program, Applicants Guide indicates a permit is required for the CONSTRUCTION, RECONSTRUCTION, and/or EXPANSION of parking lots as well as for the MOVEMENT OF EARTH MATERIAL such as: clearing and/or clearcutting (removal of vegetation by bulldozer or other heavy motorized equipment). The work is being performed within 30 feet of the tidal wetlands of both Cutchogue Harbor and Schoolhouse Creek. A backhoe is being used to remove tree stumps. The eastern portion of the lot has been completely denuded of trees up to 18" in diameter. Over 20 trees have been cut down. This is especially sad since the area has always been a haven for a variety of birds. It is also a shame since the Hamlet of New Suffolk has undertaken a project to replace trees lost in last summer's tornado. I am personally concerned because I have a deeded right to maintain a well on the property and unfortunately, I do not know where it is located. I would hate to have leaks from vehicles and loose boat bottom paint polluting the ground water. I would appreciate hearing from both the State and Town Officials if this devastation of the landscape can occur without permission. This letter is a follow up to a telephone complaint I made to the DEe on Monday March 6, 2000 as well as to Mr. Ed Forrester in Southo]d on Monday March 13, 2000. Thank you for your attention and please do not hesitate to contact me if I can be of any further assistance. Sincerely, Jerry Schultheis cc: Southold Planning Department Southold Trustees Southold Code Enforcement 1640 FIRST ST., PO BOX 299 NEW SUFFOLK, NEW YORK 11956 MARIO M. CUOMO, Governor THOMAS C. JORLlNG, Commissioner . . TIDAL WETLANDS PROGRAM ARTICLE 25, ENVIRONMENTAL CONSERVATION LAW IMPLEMENTING REGULATIONS-6NYCRR PART 661 INTRODUCTION Tidal wetlands line much of the salt water shore, bays, inlets, canals, and estuaries of Long Island, New York City, and Westchester County. They also line the Hudson River in We'stchester and Rockland Counties upstream to the salt line, and are regulated along the Hudson from its mouth to the Tappan Zee Bridge. These ecological areas are valuable in many ways including marine food produc- tion; wildlife habitat; flood, hurricane, and storm control; recreation; cleansing of ecosystems; absorption of silt and organic material; education and research op- portunities; and aesthetic values. Adjacent areas may share some of these values and, in addition, provide a valuable buffer for the wetlands. Certain kinds of human activities can adversely affect, and in some cases destroy, the delicate ecological balance of these important areas. The policy of New York State, as set forth in the Tidal Wetlands Act, is to preserve and protect these wetlands. To implement this policy, the New York State Department of En- vironmental Conservation (DEC) administers the Tidal Wetlands Regulatory Pro- gram which is designed to prevent the despoliation and destruction of tidal wetlands by establishing and enforcing regulations that: 1. Preserve, protect, and enhance the present and potential values of tidal wetlands, 2. Protect the public health and welfare, and 3. Give due consideration to the reasonable economic and social develop- ment of the state. WETLANDS ARE MAPPED Official tidal wetlands maps showing the exact locations of New York's regulated wetlands are on file in the County Clerks' Offices of Nassau, Suffolk, Bronx, Kings, New York, Queens, Richmond, Rockland, and Westchester 10/01/91 . . 2 Tidal Wetlands Program Counties, and are also available at local assessing agencies in these areas and at DEC regional offices in Regions 1, 2, and 3. Regulation is based on the Tidal Wetlands Land Use Regulations (6NYCRR Part 661). The wetland categories used in these regulations are identified by the types of vegetation present. The categories of wetlands and the restrictions placed on activities in and around them are defined in detail in Part 661. REGULATED ACTIVITIES ~s)'i)l.", \ vJ" ,..iJ The Tidal Wetlands Act provides for a permit program to regulate activities to be carried out in tidal wetlands and their adjacent areas. In general, tidal wetlands consist of all the tidal waters of the state and the tidal marshes, flats, and shoreline areas. The adjacent areas extend up to 300 feet inland from the wetland boun- dary (up to 150 feet inland within New York City). A permit is required from DEC for almost any activity which will alter wetlands or the adjacent areas. Some of the most common activities which DO require permits include: 1. CONSTRUCTION, RECONSTRUCTION, and/or EXPANSION of structures such as: Residences and condominiums Accessory structures (tennis courts, swimming pools, decks, garages, etc.) Boat ramps and boat slips Commercial and/or industrial buildings Dams, dikes, weirs Docks, piers, wharves, catwalks, boardwalks Groins, jetties, and breakwaters Bulkheads, sea walls, retaining walls, rip-rap, and gabions Septic systems Roads, driveways, parking lots, bridges, drainage structures DO YOU NEED A PERMIT? . tal Wetlands Program 3 2. MOVEMENT OF EARTH MATERIAL such as: Filling; dredge spoil placement, dune building, beach nourishment, clearing and/or clearcutting (removal of vegetation by bulldozer or other heavy motorized equipment). Dredging. .' Excavating. Grading.. 3. SUBDIVIDING OF LAND. DO Nor START A PROJECT BEFORE OBTAINING A PERMIT! If activities which are regulated under the Tidal Wetlands Act are begun before a permit is obtained, the person undertaking these activities and any contractors working for that person may be subject to enforcement action by the DEC. Such action may include: 1. Civil or criminal court action, or both, 2. Fines, or 3. An order to remove structures or materials or perform other remedial action, or both a fine and an order. EXEMPT ACTIVITIES . Continuation of lawfully existing uses which do not involve the alteration of land, alteration of wetlands, or changes to structures in or adjacent to the tidal wetland DO NOT require tidal wetlands. permits. However, you must be careful not to take too broad an interpretation of this category. For example, replacing broken boards on a functional dock does not re- quire a permit, but changing the length, width, or position of the dock does re- quire a permit. Also, work on a structure that has deteriorated to the point where it is no longer functional is NOT exempt from permit requirements. If you are in doubt about whether an activity requires a permit or not, contact the Division of Regulatory Affairs at the appropriate DEC regional office BEFORE beginning design, engineering, or. actual on-site work. IS YOUR PROJECT EXEMPT? CUTe 10. - 139 ~ , 4 '? 1~1 . >l> . \,:' )l; 216 \11.5~ 1, 24 ~ ,8 s.; 'll, '>l>o 8S 1.4~lC) .n' ~.~. ',/>10.'"'" 23 'l'l ; 'b~~0~~. Ib" '5' ~ &~ ~ \.:!.) {$j 12.1 ~ 16 ~~8 ,l;> lq; 15 - \.0 3S~.~ l . 110 '%.. ~ ~2 <<53 'j!!/ ~3 · 156 .~. tl~:\d;, ~ 20"2~ .$; {>> '" ~;\' ~ ". '. " I --~'\ '%. 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IlAY 22 llIuU " Southold Town Planning Board Board of Trustees Town of Southold 53095 Main Street Southold, N.Y. 11951 Ladies and Gentlemen: Subject: SCTM #1000-117-5-46.4 (Mr. Lawrence Tuthill) I am disappointed that the "Notice to Adjacent Property Owners (SCTM #1000- 117-5-46.4)", written in a way implying improvements to and beautification of said property, may actually be a tactic to deceive bordering property owners into unwittingly allowing destruction of the nature conservancy and making a vehicle and boat parking area. I discussed the situation with Mr. Jerry Schultheis, who has already written a letter to you dated, May 15,2000 and I wholeheartedly agree with him. I now believe that before SCTM #1000-117-5-46.4 is approved as originally stated, the DEC and Southold Town Planning Board must get involved for issuance of the required permits. My concerns are the destruction of the natural conservancy and pollution of the eco-system, which then also affects the health of human beings. . The destruction that has already taken place caused the displacement of large rats that some residents have observed in their domains. . Storage and cleaning of boats is likely to cause seepage of washings, gasoline and possibly other chemicals into the groundwater. The natural flow in water table is from north to south, in other words from Mr. Tuthill's property to adjoining properties to his south. . Creosote soaked and CCA pressure treated wood products are being stored on Mr. Tuthill's property. Creosote is known to be a human carcinogen. Chromium copper arsenate (CCA) is a deadly poison and may be a human carcinogen. When CCA treated wood burns, inhalation of toxic fumes will cause death to humans. ,f. ~ ~ . . . New Suffolk has had more than its share of human cancers and I want to be an advocate for preservation of health and life. cc: NYS DEe - Tidal Wetlands Southold Planning Department Town Attorney - Greg Yakaboski Very truly yours, ~~ STANLE SADOWSKI SCTM # I 00-117-5-39 . , . . fb 9J.~ sfYri-{/ " P.O. Box 53 New Suffolk, N.Y. 11956 May 17,2000 I~" HAY 22 "OJ" SOuthord Town Planning Board Board of Trustees Town of Southold 53095 Main Street Southold, N.Y. 11951 Ladies and Gentlemen: Subject: SCTM #1000-117-5-46.4 (Mr. Lawrence Tuthill) I am disappointed that the "Notice to Adjacent Property Owners (SCTM #1000- 117-5-46.4)", written in a way implying improvements to and beautification of said property, may actually be a tactic to deceive bordering property owners into unwittingly allowing destruction of the nature conservancy and making a vehicle and boat parking area. I discussed the situation with Mr. Jerry Schultheis, who has already written a letter to you dated, May 15. 2000 and I wholeheartedly agree with him. I now believe that before SCTM #1000-117-5-46.4 is approved as originally stated, the DEC and Southold Town Planning Board must get involved for issuance of the required permits. My concerns are the destruction of the natural conservancy and pollution of the eco-system, which then also affects the health of human beings. . The destruction that has already taken place caused the displacement of large rats that some residents have observed in their domains. . Storage and cleaning of boats is likely to cause seepage of washings, gasoline and possibly other chemicals into the groundwater. The natural flow in water table is from north to south, in other words from Mr. Tuthill's property to adjoining properties to his south. . Creosote soaked and CCA pressure treated wood products are being stored on Mr. Tuthill's property. Creosote is known to be a human carcinogen. Chromium copper arsenate (CCA) is a deadly poison and may be a human carcinogen. When CCA treated wood bums, inhalation of toxic fumes will cause death to humans. .' . . / . New Suffolk has had more than its share of human cancers and I want to be an advocate for preservation of health and life. Very truly yours, ~.~ STANLE SADOWSKI SCTM#1 -117-5-39 cc: NYS DEe - Tidal Wetlands Southold Planning Department Town Attorney - Greg Yakaboski . . . 'PB V'S RK /=eJ~~ c::;oc:H.e.4tJ '!!1FJf/fIJ '6'f 0- ),:2-00 vi~~ ] . 1&ro F... St. PO Sex 299 New SufIblk, NY 11956 (631) 734-7265 May 15, 2000 RE: SCTM# 117-5-46.4 CERTIFIED MAIL Planning Board Town of Southold 53095 Main Street Southold, NY 11951 Dear Planning Board, . 134-' Subjec:t: LawnInce M. Tuthm AppIIc8tIon I would like to take this opportunity to bring to your attention a situation involving a hearing before the Town Trustees on Wednesday, May 24,2000 at 7:15 PM. The application by Lawrence M. Tuthill addresses assorted clearing and cleanup. The application does not address that apparently the work is being perfonned in order to create a parking lot. I reviewed the Southold Zoning Code to check the requirements for Marine I (Mil District which lot 46.4 is in. Section A of the Use Regulations indicates that the intended use is subject to site plan aPPrOval by the Planning Board. The apparent intended use is for a parking area and there is already dock building malarials stored on the site. Section B indicates that a special exception by the Board of APPeals and a site plan BPPrOval by the Planning Board are also required for Mariculture or Aquaculture operations which are based at this site. The operations include re-seeding contaminated clams and storing shellfish in the bay. I am not aware of any record of such site plan approval or granting of a special exemption. In regards to the removal of over 20 mature trees which has already taken place in order to 'plant and mow grass' I don't believe what has been done conforms to the residential use of all the surrounding properties. I also believe when you review the dimensions of the land being utilized you will realize that when existing ROWs are taken into consideration there is not enough room to allow tuming radius's of boats on trailers without ruining the remaining vegetation on the lot. In summary, I believe this is an iII-oJ11C8ived project, which has progressed without the necessary approvals. The scope aPPears to be more significant than outlined in the application. The project does not fit in with the character of the neighborhood; it will deaease property values and should be halted and retumed to its original condition. cc: NYS DEe Town Trustees Town Attomey s_~ ultheis I~ MAY 1 7 2000 Southold Town Planning Board . . . 1640 First st., PO Box 299 _SufIoIk. NY 11956 (631) 734-7265 May 15, 2000 RE: SCTM# 117-5-46.4 CERTIFIED MAIL Town Trustees Town of Southold 53095 Main Street Southold, NY 11951 Dear Town Trustees, Subject: L8wnK1Ce M, TuthID AppIIcdon I would like to take this opportunity to address my concerns regarding the application of Lawrence M. Tuthill for a Waiver for assorted clearing and cleanup. It is my understanding from what I have been told by the neighbors that the purpose of this land clearing is to create a parking lot on the site. This item is not mentioned in the copy of the application I have received from Mr. Tuthill. For the record I am the owner of lots 46.3 and 44 both of which abuts lot 46.4. As part of my deed to lot 46.3 I have a deeded ROW to a section of lot 46.4 which runs for a width of 29 feet from Orchard SI. north to lot 46.3 as well a section 25 feet wide which runs along the south side of lot 46.3. I also have a deeded ROW to maintain a well for my domestic water on lot 46.4 whose location is unknown to me. I believe that is completely out of character to locate a parking area in an area completely surrounded by residential use. The area, which has been completely denuded of all trees and vegetation, had SElIVed as a natural habitat for birds and wildlife. Since the unauthorized clearing has taken place, I have observed large rats on my property for the first time since I bought the property in 1987. I have questions regarding the material presented in the application, which need to be addressed. I cannot find any edjacent neighbor to the area cleared whom asked for the clearing to take place. The application mentions fences to be installed but doas not address where they will be located as well as what type they will be. Reference is made to paving which will be perfonned but the limits of paving are not delineated nor is the type of paving specified. I will admit that paving is a necessary element because of the excessive dust raised by vehicles driving by. In fact, the additional dust generatad by users of the parking areas will worsen the dust situation. If a proper job of grading is perfonned before the paving is completed it should eliminate the problem from large puddles in the roadway which can serve as breeding areas for mosquitoes. The application references the removal of second growth trees. How doas one define second growth trees? I have counted more than 20 trees, which were removed, and the diameters of the trunks of the trees were up to 18 inches. In light of the efforts of the New Suffolk Civic Association to replace trees destroyed by last summers tornado we all should be saddened by the unauthorized removal of these mature trees. The application states that the area will be cleaned up and gress will be planted and that the grass will be mowed. Since 1987 when I moved to the area I have never observed any clean up or maintenance of the applicants property. It seems like a significant expenditure of funds is being undertaken for the purpose to plant and mow grass. To date there has been heavy equipment used to remove tree stumps and I estimate that et least 10, 3O-yard dumpsters of material have been removed. I have been told it costs $600 to $1000 to dispose of each Dumpster. It sure seems like an expensive undertaking to 'cut and mow grass'. . . . . Page 2 May 16, 2000 A review of the Southold Zoning Code for a MI District indicates that any use olhar than A (1) is subjeclto site plan approval by the Planning Board. I have seen no evidence that the site plan approval for this project has been granted or applied for. It has been brought to my attention by neighbors that Phil Loria from Captain Martys will use the parking lot for his purposes. These causes me even more concern because of numerous issues which involve the present operation of Captain Martys. It appears that the boats stored on SCTM# 117-7.;31 & 32 actually occupy a portion of the Town ROW for First St. The tongues of the trailers stored on the lots overlap the ROW and sit on Town property that could be used as a sidewalk or a OJrb to improve conditions in the area. There is not a single entrance to the parking area and the Town ROW is crossed throughout its entire length along First St. In addition if you refer to the tax map for the area it shows that King Street extends to Cutchogue Harbor. How much revenue does the town collect for this use of public land by a private business? This public property could be used for the good of the citizens by providing access to the water as with other ROWs or to alleviate the parking problems in the area. During spring and fall you need to observe the traffic, tie-ups, which occur on First St. as boals, are jockeyed into position for storage. If this occurs with a 50 foot ROW for First SI. how will it be possible to park boats when the actual road on lot 46.4 is only 10 feat wide? There are additional concerns I have with the prasent utilization of lot 46.4 in light of its MI Zoning. At. present, there are dock-building materials consisting of CCA & Creosote treated wood as well as metal sheet piling stored on the site. This does not appear to be a permitted use in MI. I am even more concerned about the treated wood because it is presently stored in an area where my domestic well is probably located. Section B of the MI Zone references a special exception by the Board of Appeals as well as site approval by the Planning Board for MariOJlture and AqUSOJllure operations. It appears that the operations, which support reseeding dams and storing Shellfish, which are based on lot 46.4 should conform to this requirement. Do such site plans exist? What is going to be done with the lead-acid batteries resting on the top of the bulkhead next to the water? Is the empty fuel tank sitting next to the road further to the west going to be removed? Are the commercial boats allowed to leave their enginas idling for hours spewing diesel fumes throughout the neighborhood while unattended? Will the commercial boats continue to flush out their systems while tied to the docks? These are all quality of life issues, which need to be addressed. I must also express my concerns on how work will progress on this project if it is allowed to continue. At. present, an inspection of the site will show the use of road sweepings and broken concrete, which have been brought in as fill. In the last week additional tree, removal has taken place as evidenced by the new pile of wood near the property line between lots 39 & 40. In summary I would like to state that I believe this is an ill conceived project which has progressed without the necessary approvals, appears to be more significant than outlined in the application, does not fit in with the charecter of the neighborhood and therefore should be halted and the land restored to its previous state. My primary concem involves what the mess that now exists will look like after this dastruction of the landscape is resolved. I would hope that there would be an opportunity to allow for public opinion on what remedies might be undertaken. Sincerely, Jerry Schultheis Cc: NYS DEC, Southold Planning Board, and Southold Town Attomey . . May 15, 2000 RE: SCTM# 117-5-46.4 CERTIFIED MAIL Mr. Greg Yakaboski Town Attomey Town of Southold 53095 Main Street Southold, NY 11951 Dear Mr. Yakaboski, 5ubjec:t: I.IIwnt.- M. TuthIll AppIlcatIon I would like to take this opportunity to present you with a summary of issues I believe need to be addressed regarding the pending application of Lawrence M. Tuthill before the Town Trustees scheduled for 7:15 PM on Wednesday May 24. I do not believe that the entire scope of the project is correctly outlined in the application. Ifs my understanding that this significant investment in capital is not being done to clear and clean-up in order to 'plant and mow grass' but however is being done to allow a third party to use the area as a parking lot. This use is clearly not in confonnance with the surrounding residential utilization of the area. The Town of Southold Zoning Code for Marine I (MI) District clearly calls for site plan approval by the Planning Board for the use intended as well as a special exception by the Board of Appeals. The Applicants' Guide from the NYS DEC- Tidal Wetlands Program clearly requires pennits for roads, driveways and parking lots; for MOVEMENT OF EARTH MATERIAL such as filling and dearcutting (removal of vegetation by bulldozer or other heavy equipment); for Excavating; and for Grading. All of these acIivities have already taken place. This is dearly an iII-<:onceived project, which does not fit in with the character of the residential neighborhood and should be terminated and the land restorad to its original state. Sincerely, Jerry Schultheis cc: NYS DEC Town Planning Board Town Trustees 1640 First St., PO Box 299 New Suffolk, NY 11956 (631) 734-7265 . . 1640 FinIl St, PO Box 299 New Suffolk, NY 11956 (631) 734-72G5 May 15, 2000 RE: SCTM# 117-5-46.4 (Southold) CERTIFIED MAIL Mr. Ray Cowen, Regional Director NYS DEC SUNY-Building 40 Stony Brook, NY 11790 Dear Mr. Cowen, Subject: LawnInce M. TuthID AppIlcatIoI.sou Trustees I would like to take this opportunity to follow up on a previous letter I sent to the DEC on March 13,2000 (copy enclosed) which in spite of ettempts to get an answer to I still do not know the status of. I called on April 6, 2000 and spoke to K Worker who could not find tha letter, which was mailed certified return receipt requested and signed for by E. Neri on March 16, 2000. I faxed and E- Mailed a copy of tha letter to Ms. Worker on April 6 (FAX-031-44<<l297 & e-mail: kxworker@qw.decstalenvus). I heard nothing back and I called again on April 17, 2000 and spoke to Chris Arsten an Inspector. He told me he did not talk to his supervisor yet but he did take pictures of tha site in question. He also said he had not heard anything from tha Town of Soulhold Trustees and that it was OK to cut down the trees and fill in tha land. He also indicated he did not see any excavation. I indicated that tha Applicants' Guide for tha Tidal Wetlands Program in my possession indicated otharwisa. He indicated he would get back to me. lt is now May 15, 2000 and I have heard nothing. A hearing is scheduled by tha Southold Town Trustees for Wednesday May 24, at 7:15 PM. I believe that tha work, which has taken place, clearly requires a permit and that enforcement action need to be taken by tha DEC. I have enclosed correspondence I have sent to various Southold officials for your information. I firmly believe the work that was done by Mr. Tuthill for tha purpose as I understand to aeate a parking lot was done without tha necessary DEC Permits and that remedial action needs to be taken to stop tha project and restore tha land to its original condition. Thank you very much for your consideration and would appreciate a response as to what action might be taken by your agency. Sincerely, Jerry Schulthais cc: Southold Town Trustees Southold Planning Board Southold Town Attorney . . March 13, 2000 RE: Tax Parcel-Suffolk County:D- l000,S- 11 7,B-5,Lot-46.4 CERTIFIED MAIL NYS DEC-Tidal Wetlands Region One Headquarters N Loop Rd, SUNY Campus Stony Brook, NY 11790 Attention: Code Enforcement To Whom It May Concern: SUBJECT: LAND CLEARING I would like to tlke this opportunity to advise you of what I believe is unauthorized land clearing. The clearing is taking place on tax parcel: District 1000, Section 11 7, Block 5, Lot 46.4 located on Schoolhouse Creek in New Suffolk. The neighbors have informed me that the clearing is being done to provide parking for vehicles and boats. There does not appear to be any permit displayed and my review of the Tidal Wetlands Program, Applicants Guide indicates a permit is required for the CONSTRUCTION, RECONSTRUCTION, and/or EXPANSION of parking lots as well as for the MOVEMENT OF EARTH MATERIAL such as: clearing and/or clearcutting (removal of vegetation by bulldozer or other heavy motorized equipment). The work is being performed within 30 feet of the tidal wetlands of both Cutchogue Harbor and Schoolhouse Creek. A backhoe is being used to remove tree stumps. The eastern portion of the lot has been completely denuded of trees up to 18" in diameter. Over 20 trees have been cut down. This is especially sad since the area has always been a haven for a variety of birds. It is also a shame since the Hamlet of New Suffolk has undertlken a project to replace trees lost in last summer's tornado. I am personally concerned because I have a deeded right to maintain a well on the property and unfortunately, I do not know where it is located. I would bate to have leaks from vehicles and loose boat bottom paint polluting the ground water. I would appreciate hearing from both the State and Town Officials if this devastation of the landscape can occur without permission. This letter is a follow up to a telephone complaint I made to the DEC on Monday March 6, 2000 as well as to Mr. Ed Forrester in Southold on Monday March 13, 2000. Thank you for your attention and please do not hesitate to contact me if I can be of any further assistance. Sincerely, Jerry Schultheis cc: Southold Planning Department Southold Trustees Southold Code Enforcement 1640 FIRST ST., PO BOX 299 NEW SUFFOLK, NEW YORK 11956 . MARIO M. CUOMO, Governor THOMAS C. JORLlNG, Commissioner . . TIDAL WETLANDS PROGRAM ARTICLE 25, ENVIRONMENTAL CONSERVATION LAW IMPLEMENTING REGULATIONS-6NYCRR PART 661 INTRODUCTION Tidal wetlands line much of the salt water shore, bays, inlets, canals, and estuaries of Long Island, New York City, and Westchester County. They also line the Hudson River in We'stchester and Rockland Counties upstream to the salt line, and are regulated along the Hudson from its mouth to the Tappan Zee Bridge. These ecological areas are valuable in many ways including marine food produc- tion; wildlife habitat; flood, hurricane, and storm control; recreation; cleansing of ecosystems; absorption of silt and organic material; education and research op- portunities; and aesthetic values. Adjacent areas may share some of these values and, in addition, provide a valuable buffer for the wetlands. Certain kinds of human activities can adversely affect, and in some cases destroy, the delicate ecological balance of these important areas. The policy of New York State, as set forth in the Tidal Wetlands Act, is to preserve and protect these wetlands. To implement this policy, the New York State Department of En- vironmental Conservation (DEe) administers the Tidal Wetlands Regulatory Pro- gram which is designed to prevent the despoliation and destruction of tidal wetlands by establishing and enforcing regulations that: 1. Preserve, protect, and enhance the present and potential values of tidal wetlands, 2. Protect the public health and welfare, and 3. Give due consideration to the reasonable economic and social develop- ment of the state. WETLANDS ARE MAPPED Official tidal wetlands maps showing the exact locations of New York's regulated wetlands are on file in the County Clerks' Offices of Nassau, Suffolk, Bronx, Kings, New York, Queens, Richmond, Rockland, and Westchester 10/01/91 . . 2 Tidal Wetlands Program Counties, and are also available at local assessing agencies in these areas and at DEC regional offices in Regions 1, 2, and 3. Regulation is based on the Tidal Wetlands Land Use Regulations (6NYCRR Part 661). The wetland categories used in these regulations are identified by the types of vegetation present. The categories of wetlands and the restrictions placed on activities in and around them are defined in detail in Part 661. REGULATED ACTIVITIES ~,,;~\ .. ~.I' , vJ' ,.. The Tidal Wetlands Act provides for a permit program to regulate activities to be carried out in tidal wetlands and their adjacent areas. In general, tidal wetlands consist of all the tidal waters of the state and the tidal marshes, flats, and shoreline areas. The adjacent areas extend up to 300 feet inland from the wetland boun- dary (up to 150 feet inland within New York City). A permit is required from DEC for almost any activity which will alter wetlands or the adjacent areas. Some of the most common activities which DO require permits include: 1. CONSTRUCTION, RECONSTRUCTION, and/or EXPANSION of structures such as: Residences and condominiums Accessory structures (tennis courts, swimming pools, decks, garages, etc.) Boat ramps and boat slips Commercial and/or industrial buildings Dams, dikes, weirs Docks, piers, wharves, catwalks, boardwalks Groins, jetties, and breakwaters Bulkheads, sea walls, retaining walls, rip-rap, and gabions Septic systems Roads, driveways, parking lots, bridges, drain.age structures DO YOU NEED A PERMIT? . . .dal Wetlands Program 3 2. MOVEMENT OF EARTH MATERIAL such as: Filling, dredge spoil placement, dune building, beach nourishment, clearing and/ or clearcutting (removal of vegetation by bulldozer or other heavy motorized equipm~nt). Dredging. . Excavating. Grading.. 3. SUBDNIDlNG OF LAND. DO NOT START A PROJECT BEFORE OBTAINING A PERMIT! If activities which are regulated under the Tidal Wetlands Act are begun before a permit is obtained, the person undertaking these activities and any contractors working for that person may be subject to enforcement action by the DEe. Such action may include: 1. Civil or criminal court action, or both, 2. Fines, or 3. An order to remove structures or materials or perform other remedial action, or both a fine and an order. EXEMPT ACTIVITIES . Continuation of lawfully existing uses which do not involve the alteration of land, alteration of wetlands, or changes to structures in or adjacent to the tidal wetland DO NOT require tidal wetlands. permits. However, you must be careful not to take too broad an interpretation of this category. For example, replacing broken boards on a functional dock does not re- quire a permit, but changing the length, width, or position of the dock does re- quire a permit. Also, work on a structure that has deteriorated to the point where it is no longer functional is NOT exempt from permit requirements. If you are in doubt about whether an activity requires a permit or not, contact the Division of Regulatory Affairs at the appropriate DEC regional office BEFORE beginning design, engineering, or. actual on-site work. IS YOUR PROJECT EXEMPT? 2.8~ ~ .. ~' .. .. ",' if / 150 ~ 8.6 .l t76 1/ ~\ .. . ,. ,.~ i, ~ .8 Si ~/, ~ lto;> "'i I,S <0. J \ ~ ~ 8" l~-~"~ -"Me) ~ 'l..'l.. ~" 9.8~ i~B _ '" 10. 23 JJ 8:2 ! \\ ,- '" ;;~~O.\ 9 <Ii(; lIs Is?:!l ' \~'S~- >b" 1'5' t l'.(y Ii; < > \.V ,,. ,>., ,.. . ." " . . 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DSP12 BOB DATE: 03/20/2000 ROLL SEC TAXABLE TOTAL RES SITE TOTAL COM SITE ACCT NO 23 1======== ====== ASSESSMENT DATA =========== ! **CURRENT** RES PERCENT !LAND 4,400 * * TAXABLE * * !TOTAL 5,300 COUNTY **PRIOR** TOWN !LAND 4,400 SCHOOL !TOTAL 5,300 ==DIMENSIONS ===1======= SALES INFORMATION ================================== ACRES 1.75 IBOOK 4 SALE DATE 00/00/00 lPAGE 00175 PR OWNER =======TOTAL EXEMPTIONS 0 =============!== TOTAL SPECIAL DISTRICTS 4 ===== CODE AMOUNT PCT INIT TERM LG HC OWN CODE UNITS PCT TYPE VALUE IFD029 IPK090 lWW020 ISWOll F3=NEXT EXEMPT/SPEC F9=GO TO XREF 473889 SOUTHOLD NYSRPS ASSESSMENT INQUIRY SCHOOL NEW SUFFOLK SCH PRCLS 448 PIER / WHARF 117.-5-46.4 945 ORCHARD ST = OWNER & MAILING INFO TUTHILL LAWRENCE M 1215 INLET LA GREENPORT NY 11944 ===l=MISC lRS-SS 1 1 I BANK 5,300 5,300 5,300 .~ F6=GO F4=PREV EXEMPT/SPEC F10=GO TO MENU F1=NEXT PARCEL 75.10- 03-050 I ~ /Jrk~ d~:! ~/J (S{) ~w, IN t 1 lWII SoutholCtlOWrt, Planning, ~ .} , -. . . 1t /~ L. ~ICLJ ~ March 13, 2000 RE: Tax Parcel-Suffolk County:D-1000,S-117 ,B- 5,Lot -46.4 CERTIFIED MAIL NYS DEC-Tidal Wetlands Region One Headquarters N Loop Rd, SUNY Campus Stony Brook, NY 11790 Attention: Code Enforcement To Whom It May Concern: SUBJECT: LAND CLEARING I would like to take this opportunity to advise you of what I believe is unauthorized land clearing. The clearing is taking place on tax parcel: District 1000, Section 117, Block 5, Lot 46.4 located on Schoolhouse Creek in New Suffolk. The neighbors have informed me that the clearing is being done to provide parking for vehicles and boats. There does not appear to be any permit displayed and my review of the Tidal Wetlands Program, Applicants Guide indicates a permit is required for the CONSTRUCTION, RECONSTRUCTION, and/or EXPANSION of parking lots as well as for the MOVEMENT OF EARTH MATERIAL such as: clearing and/or c1earcutting (removal of vegetation by bulldozer or other heavy motorized equipment). The work is being performed within 30 feet of the tidal wetlands of both Cutchogue Harbor and Schoolhouse Creek. A backhoe is being used to remove tree srumps. The eastern portion of the lot has been completely denuded of trees up to 1S" in diameter. Over 20 trees have been cut down. This is especially sad since the area has always been a haven for a variety of birds. It is also a shame since the Hamlet of New Suffolk has undertaken a project to replace trees lost in last summer's tornado. I am personally concerned because I have a deeded right to maintain a well on the property and unfortunately, I do not know where it is located. I would hate to have leaks from vehicles and loose boat bottom paint polluting the ground water. I would appreciate hearing from both the State and Town Officials if this devastation of the landscape can occur without permission. This letter is a follow up to a telephone complaint I made to the DEC on Monday March 6, 2000 as well as to Mr. Ed Forrester in Southold on Monday March 13, 2000. Thank you for your attention and please do not hesitate to contlct me if I can be of any further assistance. Sincerely, h~ cc: Southold Planning Department Southotd Trustees Southold Code Enforcement l~ MAR 1 7 2000 Southold Town Planning Board 1640 FIRST ST., PO BOX 299 NEW SUFFOLK, NEW YORK 11956 ~ /(1< r , '. . COUNTY OF SUFFOLK. ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PUBLIC WORKS March 14,2000 CHARLES J. BARTHA. P.E. COMMISSIONER D & D Cycles 22355 Route 4R Cutehogue, N. Y. 11955 RE: Permit # - 48-75, CR 48, North Road Gentlemen: Please be advised that Ihe above-referenced permit has been cancelled by this Department. The County Treasurer has been authorized to refund your security in the amount of $800.00. Very truly yours, William S, Shannon, P.E. , (.. Chief Engineer "'----- By: M. Paul Campagnola Permits Engineer WSSIMPC/ln cc: Town or Southold I~ MAR 1 7 2000 Southold Town Planning Soard SUFFOLK COUNTY IS AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 335 YAPHANK AVENUE . Y APHANK, N.Y. 1 1 980 . (516)852-4000 FAX (516)852-4150 ",'",,< ~ -~ , ~ ~ ~ :t ~ , @:;o ! ~t~ ~.,~ .. . " . ,. \ ~",. "~. 1-. ii"V':'\'" .. ,,~,:~; 1--<.'. _" ^ /J "'." ' .., -~Ul- )1 '1 :5.. ~i II :.'r.... ",""o'j . """~,,~" . .j~. " . 'a." ,,~:, .,,., .' 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