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HomeMy WebLinkAboutANGEL SHORESAlbert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 June 28. 1996 Doroski Nursery Inc Robert H. Jenkins North Road & Ackerly Pond Lane Southold NY 11971 Re: ANGEL SHOP, ES SCTM #88-6-1, 4 & 5 Dear Mr. Jenkins, The following action was taken by the Board of Trustees at their regular meeting of June 27, 1996: RESOLVED that the Southold Town Board of Trustees approve the request for a Waiver to clear the under brush, vines, bramble bushes and dead debris from park area as per Planning Board's reco~nendation which state that such work be done by hand only and not by tractor, no clearing of trees or disturbance of natural soils within the park area. Copy enclosed. If you have any questions, please call our office. Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK:djh cc. CAC New York State Department of Environmental Conservation Building 40 - SUNY, Stony Brook, New York 11790-2356 Telephone (516) 444-0260 Facsimile (516) 444-0348 of Envi~ ~As re NOTICE quired by law, the Department Conservation is hereby providing you with an alleged violation of the Environmental Conservation Law which occurred within your municipality. Michael O. Zagata SOUTHOLD{ THIS NOTICE DOES NOT REOUIRE ANY RESPONSE OR ACTION BY YOU. Please be advised that the Department has sufficient evidence to commence an enforcement action against eodo di for violations of Article ~4 of the New York State Environmental Conservation Law, having reference to freshwater wetlands, for violations occurring at Sunset Avenue, Southold, New York. Name: Name: NOTICE PROVIDED TO: The Honorable Robert J. Gaffney Suffolk County Executive H. Lee Dennison Building Veterans Memorial Highway Hauppauge, NY 11788 The Honorable Jean W. Cochran Supervisor, Town of Southold Town Hall, PO Box 1179 Southold, NY 11971 Name: Title: Date: NOTICE PROVIDED BY: Gail Hintz Assistant Regional Attorney September 13, 1996 AUG 14 '96 15:19 HORTHPORT LIBRARY Joseph & Catherine Barbato PO Box 90 200 West Lake Drive Southold, ~ 11971 August 13, 1996 OF'§OUTHOLD P.1 Fax #516-765-1823 ~- ~-~'~--~ 765-3~ 36 Supervisor Jean Cochra~ Tow~ of Southold Tow~Hall - 53095 Main Road Southold, NY 11971 Re:~Trustees wa~t open space gift - ~!gel Shor~s Dear Supervisor Cochran: Since the middle of Ju~e of $'996, the locml newspappers have published coverage of "A~gel Shores La~d Donation". As Area residents amd homeowners who are directly impacted by the project, kindly hear a~d consider views regarding the above subject. With all due respect to the Tow~ Trustees, their involment in She project started at inception of application in the early 1980's. l~y were provisions for o~mership under the Andros Patent for the wetlands not cons~ed long before the Town Board's rejecttion? ~ay not still acquire only .the wetland? Again with due respect with concern "That it ~ll become a dump for the whole community", the Town has a $1000.00 penalty for dumping. The law ca~ be strictly enforced to produce revenue for the Town, thereby, eliminating a burden on ta~rpayers and the homeowners can be vigilant for abusers. I~ a parcel was either sold or leased as farmland, kindly consider the u~£orse~n impact o= water quality and the depletion of the water table when the 49 houses go on line and the water is used also for farm irrigation. This has been a concern of many residents throughout the yea~s. ~fnen it was farmland, the whole vicihity was greatly af£ected,in ~heir private wells, by farm chemicals. Not one resident desires to experience conta~nat~on again and if in the future, water problems occur, rill the Torsi take responsibility of the expenses incurred because of failure to heed the public concerns? Men~ion is made for information purpose, that it was necessery to provide all homeo,i~ners w~_th a free wa%er filter because of the temik, which wa~ said would remain in the ground for 100 years. Euclosed please find news article ( enclosure #1) headlining, "Southold Rejects Angel Shores Land Do=atLon", that was in the July 25, ~996, edition of "The Travelers ~at~" page #10. 9UG 14 '9~ 15-'~0 NORTHPORT LIBR~qRY p,~ The Town's planning is not deser~ing of the ridicule that is stated. Rather, they should be pr~sed for thei~ committme~t and concern in seeking what is beneficial and safe for the whole community, since fences are put around catch basins for safety, no% for looks. At the final public hearing held on August 22, 1994, the Pl~ing Board requested a written response from the representing attorney, Moore & Moore, regarding comments raised. A copy of the letter, dated September 26,1994, is e~closed (enclosure ~2) which was received by Planning Board on Smpte~r~27, 1994. Please note item #14. Mary Maus inquired about the ownership of open space if a homeowners association was not formed. In the last sentence, the attorney acknowledges that "Fir, Laoudis has decided to transfer the open space to a Home Owner's Association". ~y the change? Other related questions addressed at hearing are being ignored or changed without the public input, knowledge or consideration of the public interest. This causes and creates a conflict. ~Vhy have public hearings, when after approval, pl~u~s are changed to accommodate a wh~m?~.._.Don"t'make 'our Democratic system a mockery. Your recommeadation that the Town Board "has to develope criteria for the future and not set a bad precedent ~hat is harmful to the town in any way" is admired. Eiadly give serious consideration to this precedence to avoid that future developers who have a change of mind because their decisions did. not materialized as planned, can use this determination to manipulate the To~n to accep~ a land donation so that taxpayers must pick up the financial burden. The Town Board has acted with prudence and wisdom ia rejecting the donation and are deserving of many th~ks. Let it r~mai~ rejected. It's a liability, ~ot an asset. Let's move forward by extending ~m~t. ~vishes that the future brings success. . ~Jo%eoh B~cat~o ~,Barbato Enclosures (2) Copy to: Richard G. Ward - Planning Board Joseph Townsend - Board Member Laury Dowd - Town Attorney Louisa Evans - Board Member~ Justice AUG 14 'S6 !5:ED HCRTHPORT LZ~RRRY MOORE & MOORE A~or~¢)~ ~ Law 3i$ Wcstph~ia Road P.O. ~oz ~ P.3 l~auld~ C. Moor: 1994 Tel; (516) 298-5~74 Scr. n:zu7 ~ou~hcld Town Planning Board Town Ha!l, 53095~Main Road ~.O.Box 1179 ~outhold, NY 11971 RE: ~a3or Su~dlvision for Angel Shores SCTX~ i000T88-6-1,4 & 5 Dear Mr. Ward: ~n response Uo =he Planning 5card's request that we respond, in 'wri=ing, =o comment~ raised at ~h¢ Auqus= 22, 1994 final hearsng on %~a proposed Angel Shores subdivision, we make th= following comments for your considcra~£on: SOUmOLO TO;,'~ ' ~ PLANNING 80~R0 j ~. Ms. Bar~a=c asked =hat a sign ~e posted on the corner of Wa~er Terrac~ s~a=ing =ha= Lit=!e Peconic Bay Lane is a righ= cf way for =as£dmn=m"only - if the $ou:~old Highway Department has no ~bJec=ion we will pos~ a sign =o limit access to Li=tlm Peconic gane. R. Ms. Barbato asked about connecting to ~he' Angel Shores wa~er - i=he Suffolk County Health DeDar=men= has solm Jurizdicuicn to m=ke such a ~. Ms, Barba~o complained abou= d£r= bikes and All Terrain Vehicles (ATV) trespass%rig on o~r client's pr~per~y - The prcper~y 4. Mr, J. E. M~lins questioned the 5~ fcc= road idenl:ificd on %he su~divislc~ map as "~venue of Treee" and their accems - anyone with t~e rlghn to pass over the roadm will ccn=inue to enjoy 5. Mr J. E. Mullins asked shoe= =he beac~ rights of p&rcal S parcel B will nc~ have a re~=rict!on on access ~o ~he beach. 6. Hr. j. E. Mullinm amked about the access to lot 4Z and 42 - ?. .~r. J. E. Mul!ins obJec=ed =o ~he name ~'Avenue of T:rees!,- ~he road within the s'~bdiv!Sion will be known as "Avenue o~ Trees',. Deparumen: is monitoring the wauer quality. 9. ~. Joe ~arba=o ~estloned a buffe~ for lo=s 3=,33,34 ~ 35 - ~uffere~.. I~. Hr. Joe Bar, ate questioned how be re=mined as open space - the open long the open spmca will space will be re:a~ned in Cove/Anqe~ $~ores wa=er supply and iix cos=- The $~ffolk Coun=y ~a=ar Allthori=y will make much a determina=ion. !2. M~. J. E. Hul!inm questioned =he drainage recentien area.-.~ War~ polnted, ou= r.~a: =~ oDe~ space is desagned as ~a.r~ of the $~a'~hage r~tmn{ion area. 13. Mro ~cDonatd, ~l~ning ~oard Member aske= about the oDera~!on ~.e SUffolk Coun=y Water Authority. ~ Mary ~aus asked who will own t_he open space if a Homeowners ~oc!a:Ion is not formed- ~r Ward explained that if the open ~pace im ~ransferred =o ~he Peoon~c Land Tras=, Nature Conservancy ~r the To~n of Southold the land will be entities, ¢onseque~:ly a Homeowners necessary since al! the land is held by Mr.. Laoudis has decided =o trmnsfer OWner's Associatlon.~ If there i~ anythL~g else you need contuc~ us. con=rolled by Association would not be one of ~he above entitles. the eden space to a_E~me please do not hesitate to Very/~r~ fy y our:~, ~illiam D. Tad Laoudis . '_4 'S~ I~: ~2 NORTHPORT LIBRARY AUG 1 6 1996 Sault-,old To~,,n Cled, 60 Rambler Ct. Southold, NY 11971 August 15, 1996 Town of Southold Trustees Southold Town Hall Sauthald, NY 11971 RE: Angel Shores I am writing to you as president of the Terry Waters Property Owners Assoc. regarding the possibilty of the Trustees' assuming the parts of Angel Shores that were offered to the Town by the owner. We have a number of concerns. Our homeowners assoc, owns more then half of the two salt ponds. If you grant public access, will the Trustees be legally and fiscally responsible for what happens on and about those ponds? We have had numerous teen parties at our assoc, beach and were left ts clean up broken beer bottles and damage that they caused. There have been abandoned cars~ appliances, eot. dumped in the woods in recent yeaFs. Our understanding of the Planning Board approval on the subdivison is that Rambler Court wiii not be used for ingress or egress. We forsee enforcement problems if the public is granted The fresh water pond near Main Bayview has been used by the public for ice skating since all of us can remember. Are the Trustees ready to provide cleanup after the parties in the proposed parking area? Are you fiscally able to take the legal responsibility if an unattended young person falls through the ice? ~= ~r the proposed farmland along Main Bayview~ it is our understanding that the Use of pesticides and or herbicides would be in violation of the EIS. Who will monitor authentic organic The beach area bulldozed earlier this summer has still not c. /ou .~, your z=nsideration. T.W.?.O.A. , President . flOWN OF ~UTHOLD This 1995 , DECLARATION OF cOVENANTS AND RESTRICTIONS FOR THEODORE LAOUDIS AND ANGELA ~OUDIS declaration made the ~\ day of ~Q_~0~g~? , by Theodore Laoudis and Angela Laoudis residing at 23 Van (hereinafter referred to as Buren Court, Cresskill, New Jersey ,,Declarant" ) WITNESSETH WHEREAS, Declarant is the owner in fee simple of certain premises situate at Southold, town of southotd, Suffolk County, New York described on the Suffolk County Tax Map as District 1000, Section 088.00 Block 06.00 Lots 013.001; 004.000 ; and 005.000 as more fully described in the attached ,,schedule A" and, WHEREAS, the Southold Planning Board, by resolution made on C)(_~. ~q ~ lq ~ q , granted final subdivision plat approval of the property described in schedule A, as shown on the map of Henderson & Bodwell, dated ~%%~? ~'T ~, \~ ~lq , ~4~--r-e~ed WHEREAS, the final subdivision approval was conditioned upon the filing of certain covenants and restrictions, NOW, THEREFORE, in compliance with the resolution of said southold Town Planning Board, Declarant herein declares that the lands described in Schedule A is held and's~all be conveyed subject to the following covenants and restrictions which shall run with the land: 1. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Town of southold Planning Board. 2. Clearing on privately shall be limited as follows: LOT SIZE 20,000 square feet 30,000 square feet (1/2 acre) (2/3 acre) 40,000 square feet (1 acre) 60,000 square feet (1 1/2 acre) owned lots within the subdivision MAXIMUM CLEARED 60 percent 58 percent 57 percent 46 percent 3. No more than 15 percent of each lot shall be placed in fertilized vegetation. 4. No open space or privately owned lot within subdivision shall be further subdivided in the future. 5. No docks or other structures to Peconic Bay shall be allowed or constructed from Lot numbers 42, 43 or 44. However, a the pedestrian walkway of up to 15 feet in width to Peconic Bay shall be allowed for each lot. These walkways shall be subject to appropriate permits, if required, from the Southold Town Trustees and the New York State Department of Environmental Conservation. 6. All stormwater runoff resulting from development and improvement of this subdivision or any of its lots shall be retained on site by adequate drainage structures so that it will not flow into Peconic Bay, the tidal and freshwater wetlands and the ponds that exist on the site. 7. Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious aterialS into and the tidal wetlands bordering the peconiC Bay or the wetlands on the site- S. AcceSS to Lots 42, 43, and 44 shall be via a common only- driveway- 9. AcceSS to Lots 24 and 25 shall be from water Terrace These lots shall not have acceSS on the thirty-three (33) foot right-of-WaY' site shall be of a type which 10. All graSS established on requires no irrigation' This restriction shall apply to all lots in the subdivision' 11. On-site wells for any purpose shall not be permitted on s subdivision' ~in the Angel Shore - -1" to all co~On areas and wing terms shall app ~ . ~ The follO . --bdivis~on: 12. - cated within the ~u . all conservation easements lo disturbance of natural soilS, a) No clearing of treeS, -- with the exception of or any other activity is permitted to ocCur, the creation of foot trails for passive recreational activities, approved recharge basin construction and supplemental planting of appropriate native or near native vegetation- pedestrian foot trails located within the conservation easements on Lots 42, 43 and 44 shall be limited to one walkway (10 15 feet in width) for each lot- (These walkwayS shall be subject to appropriate permits from the Town Trustees and the Department of Environmental conservation) b) area- No bulkheading shall be permitted on any shorefront No structural improvements shall be permitted in any area with the exception of the Park site. Structures proposed to be located within the Park site must be approved by the Planning Board, Southold Town Trustees and any other agency having jurisdiction in that area. 13. All applications for building permits shall be reviewed by the Planning Baord prior to issuance of the building permit in order for the Planning Board to ensure that the plans are in accordance with the Findings Statement adopted in accordance with the State Environmental Quality Review Act. All building permit plans shall indentify the extent of clearing and proposed grading in order to ensure that compliance is achieved. 14. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 15. The Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas or any similar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms ~nd provisions have not been violated. 16. The Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants as they relate to the open space, common area or nomenclature and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. Theodore Laoudis Angela p.~ ~aoudis State of New Jersey County of //Jfl~( day of before me individual foregoing instrument and On the ~2/ personally came Theodore Laoudis, ' d describe in and who executed the acknowledged that he executed same. CAE[JOP! MAKRIS .JERSEY ' NOTARY PUBUG OF NEW Notary Public, my commisszUn expires: to me known to be the state of New Jersey County of /~/~g~ ss.: On the ,~': day of /c~c%~/~'?/? , 199~, before me personally came Angela P. Laoudis, to ~e known to be the individual described in and who executed the foregoing instrument and ~,cknowled~ed t~at he executed same. CAi.L. IOp.r M, AKRI5 NEW ,IERSEY MY COMMISSION EXPIRES SEPT, ]4, ]997 ' q. ' ' ',. Notary Public, my commission expires: Town of Southold Trustees Southold Town Hall Southold, NY 11971 RE: Angel Shores Dear Trustees: I am writing to you 60 Rambler Ct. Southold, NY 11971 August 15, 1996 as president of the Terry Waters Property Owners Assoc. regarding the possibilty of the Trustees assuming the parts of Angel Shores that were offered to the Town by the owner. We have a number of concerns. Our homeowners assoc, owns more then half of the two salt ponds. If you grant public access, will the Trustees be legally and fiscally responsible for what happens on and about those ponds? We have had numerous teen parties at our assoc, beach and were left to clean up broken beer bottles and damage that they caused. There have been abandoned cars, appliances, eot. dumped in the woods in recent years. Our understanding of the Planning Board approval on the subdivison is that Rambler Court will not be used for ingress or egress. We forsee enforcement problems if the public is granted The fresh water pond near Main Bayview has been used by the public for ice skating since all of us can remember. Are the Trustees ready to provide cleanup after the parties in the proposed parking area? Are you fiscally able to take the legal responsibility if an unattended young person falls through the ice? As for the proposed farmland along Main Bayview, it is our understanding that the use of pesticides and or herbicides would be in violation of the ElS. Who will monitor authentic organic farming? The beach area bulldozed earlier this summer has still not been rebuilt and replanted. Thank you for your consideration. T.W.P.O.A., President cc: Southold Town Board JEAN W. COCHI~,,AN SUPERVISOR OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD MEMO Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1889 i. bJ OF SOUTHOLD To; Trustees From: Date: Jean W. Cochran, Supervisor August 9, 1996 This will confirm that you will be investigating the Angel Shores issue discussed at the August 6 Town Board Meeting. Thank you for your attention to this matter. PLANNING BOARD MEMBERS B~nnelt Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main R P.O. Box 1179 Southold. New York 119 Fax (5163 765-1823 October 18, 1991 FINDINGS STATEMENT State Environmental Quail .ty Revimv Act Pursuant to Article 8 (State Env/ronmental Quatitv Review Act - SEQR) of the Environmental Conservation Law arid 6 NYCRR Parr 61;7, the Plarm/ng Board of the Town of Southold as lead agency, makes the follow/ng findings. NAME OF &CTION Angel Shores, Sections I and II DESCRIPTION OF ACTION The proposed project involves the subdivision of 92.7 acres of land into 49 residential lots. Project includes required roads, recharge facilities, a 0.6 acre park site, and i.ncorporates the retention of open space (including wetlands and unique habitat) through lot s~ze r, eduction. Project density is based urmn a densit ma utilizing, ot in with 'R 40" ' ....... Y P ~,, s,, corLformance - u--acre) y e u on ~cctmn I (exclusive of wet ands); and, A-C (2-acre) yield on Section II, submitted in conformance with a Stipulation of Settlement applicable to the.site. Project utilizes a water supply system approved by the Suffolk County Department of Health Services (SCDHS), the New York State Department of Environmental Conservation (NYSDEC) and the New York State Department of Health (NYSDOH). Individual lots w/Il utilize on-site sanitary disposal systems. LOCATION Angel Shores Sections I and II is located on the south side of Main Bayviexv Road, ~west o,f.,C~dar~e,a,c.h Road, ?d comprises 92.7 acres extending west to the border of the ~erry waters ~uuolvision. Tim site lies on Great Hog Neck, in the Hamlet of Southold Town of Southold, County of Suffolk, State of New York. The site is more particularly' described as Suffolk County Tax Map (SCTM) No. 1000-88-6-4, 5 and 13.1. A~C, I.; N~ y .IU_R ISI) I'CTION The Town of Southold Planning Board is the lead agency for this application. Involved agencies and jurisdictions :ire identified below: Town of Soulhold Planning Board (subdivision approval) Town of Southold Board of Trustccs (wetland delineation completed, activity proposed such that no AnRe Shore:s, Sou[huld Trustees permit will be required). Suffolk County Department of Health Services (approval of suhdi¼sion of l~nd; approval of individua3 permits to cnns£ruct sanitary systems [subsequent to subdivisionl; approval of water supply system for the Cove and Angel Shores, completed) New York State Department of Environmental Conservation (Article ~ individual wetlands permits for lots in jurisdiction; Article 24 wetlands permits for subdivision and individual lots within jurisdiction, with possible additional joint application permits dcpcndlng on project [xvatcr qualltv certificate, protection o£ waters{) . Permits and approvals for the water supply system from SCDIIS, NYSDEC, and NYSDOH, and the VilIage of Greenport have already been obtained. Construction of this facility has been completed and an operating permit issued in July of 1989. The plant is currently being operated by William Gremler (c/o GNS, Route 25, Maultuck, NY), under contract as a licensed water treatment plant .DATE FINAL ElS FILED The Final ElS was accepted by the Planning Board on sept_. 30, 1991. _BACKGROUND AND SEOR PROCEDURES The project has been subiect to a Draft EIS prepared by Henderson & Bodwell, consulting engineers, located in Plainv ew, New York. The Draft ElS w ~.4.L!.991 a.fter cgmple, tton of several remsmns necessa~,, to ,~rovide - ,~(.a.s. accept,ed January. · ' ' '; t' ,~ u~,-ument a~equate for l. munc remew. ,tn oroer to provide an adequate time from tot interested and involved agencms, the public and parties of interest to consider tim document, a public comment period was provided between the date of acceptance and March 21, 1991. Public hearings on the Draft EIS were held on February 4, 1991, February 12, 1991 and March 11, 1991. A time period for submission of written comments was provided for a period of ten (10) days after the close of the public hearing establishing the close of the comment period 1991. on Mar'ch 21, On March 22, 1991 comments were forwarded lO the applicant for the attorney providing the opportunity for the applicant to respond to substantiv t~' cBoanS:udlt~nnt~,°~reaSPm~nrd~noC:r~?sCe,~ve~d_ fro.m th'e,applicant, the mI~en~n~r~trSd°d~rtehc~eDdraft ~ oc *xssocmtes, inc. to prepare the Final ElS for Ange~ Shores. The Planning Board as lead agency is responsible for the adequacy and accuracy of the Final EIS, regardless of who prepares it, as per 6 NYCRR Part 617.14(0. The Planning Board ~vas involved in the preparation of the Final EIS tlu'ou!zq ' after review and deliberation ~. ~ ,, =m ,,,- .... ~. ~ input to the consu tam , th ....... ~ .... as accepteu o tile Plannino B ,r,a ,,_ ,., and Y ~ o~.,~ on oeot. 30, 1991. In accordance ~vith SEQR, adequate t/me was provided subsequent to the filin~ of the Final EIS, in order to allow the public and involved and/ntereste..d agencies time to consider the Final EIS. The minimum period of ten (10) days has been provided, and the findings have been completed in less than thjrty (30) days as requirct, t by SEQR, and in consideration of comments received hy the I kmning Bdard from interested parties. This l'age 2 of 10 An~cl Short's, Southold Statement of Findings FACTS AND CONCLUSIONS IN THE F~IS RELIED UPON TO SUPPORT THE DF. CISION With regard to environmental impact issues, the following facts and conclusions in the Final EIS are relied upon to support the decision. In general, the most common impacts from the Sketch Plan proposed as part of the Draft ElS which require mitigation include the need to preserve Marttime Red Cedar Forest, avoid steep slope areas, expand wetland setbacks, enlarge and preserve wildlife corridors, avoid flood plain and constrained soil areas, and maintain the current diversity of habitats, with regard to Section I. Section II is recognized for importance to open space and rural character and wildlife use to a lesser extent than Section I. In addition, a key issue of concern ~vas the impact of the project upon ~_~,__ wate. r quan. tity a.n.d water quality, due to the pumpage of the water supply system on the ~ite, ~ on-stte samtary dtscharge, and the presence of private ~vells downgradient of the site. These ,./ concerns related to potential for salt-water intrusion and water quality impact on private wells. Based upon these concerns it was recognized during the preparation of the Final EIS that, the Draft ElS and the Sketch Plan (whiclq was the subject of the Draft EIS) did not adequately consider these issues. Accordingly, significant additional documentation was prov/ded as well as further analysis of alternative design concepts. Considerations regarding specific key impact areas are as follows: Constrained Sails Constrained soils including Haven Loam, with a thick surface layer, and tidal marsh, exhibit limitations due to saturation and poor leaching qualities. In addition, portions of several lots were within the flood plain area, causing further constraint. Furthermore, a dcpth to groundwater of less than ten (10) fee was a concern due to thu need to fill sites to provide adequate leaching depth for sanitary systems. Excessive fill was found to be contrary to goals of minimizing clearing and disturbance. The location of these soils and the lots affected included six (6) lots of Section I. Steep Slopes Concern with regard to steep slopes primarily involved potential con,traction on lots with steep slopes adjacent freshwater wetlands. Although strict interpretation of wetland setbacks could perhaps be met, the disturbance of highly erodable soils on a slope adjacent to important freshwater wetlands and associated habitat was determined to be a potential impact which could be avoided by alternate lot configuration and density. Approfimately eight (8) lots within Section I were affected by this constraint. Nntnral llnbltat and Wildlife Cnrrldors Angel Shores Section I includes fresh ponds and associated wetlands and adjacent areas. In addition, the southwest corner of the site includes tidal marsh and a portion of a salt pond. Upland areas include dune environment, Maritime Red Cedar Forest, and other shrub upkmd and former nurser/upland areas. Wetland areas were documented in the Final EIS as being more biologically productive areas. This productivity supports a greater variety and density of wildlife species. Adjacent upland provide additional foraging, hunting and nesting opportunitius. It was also noted that the cedar stands provide wildlife value for animals such as ~ongblrds, upland ground birds, small mammals and hoofed browsers. With this greater intensity of wildlife activity it is important to preserve tho diversity of habitats and provide for sabstanti:fl inter-connection of habitats in order to support wikllifu populations. Preservation of corridors is a common tool in order to promote and maintain xvildlifo activity between productive The presence of vegetation characteristic of a Marilime Red Cedar Forest on Section l was also found to be significant. This type of habitat is uncommon in Ne~v York State, and warrants protection. The most Page 3 of I0 AnguiSh rcs, Southold significant stands of this habitat are located in ¢ central per on of Sect orr I; how ct, most portions of Section i contain dominant stands of red cedar. Based upon natural bah,tat areas, found to be ]~'iernate designs were appropriatc for consideration. In addition mitigation measures and special conditions were explored in the Final EIS and found to be appropriate to furthcr reduce impact. Open Space nnd Visual hnpnct~ It is evident that Section I is the most ecologically sensitive portion of the site. It should also be noted that Section II provides visual resources and open space value in terms of open, former agricultural expanse. This is important to the vicwshcd and open space appreciation along Main Bayview Avenue· In addition, preservation of this type of habitat is important to many xvildlife species, due to documented species diversity associated with field habitat as compared to many Long Island forests. The Final EIS also notes that recharge design in the Sketch Plan accompanying the Drali EIS would cause visual and aesthetic impact, and could be improved through dcslgn and mitigation. Land Use and Znnin Important features of the site include unique habitat on Section 1 and Open space views along Main Bayvicw Avenue on Section II. Protection of these resources is not necessarily dependent upon density, provided the concept of crcative clustering is employed. The Angel Shores parcct was upzoncd to 2-acre density equivalent, A-C &sir,ct; however, subsequent htigat on established a compromise density of 1-acre equivalent on Section I and 2-acre equivalent on Section 2. Through crcativc re-design efforts are being made to protcct unique resources and observe thc density criteria of thc Stipulation of Settlement, while providing a residential development which conforms to thc intent of the "A-C~ district. Grmmtlwater Resources Groundwater quantity issues involve the impact of pumping the ~vull field and. lis m act · tg:) area s'te. .he na, found that the well fie,d s'te,v, cbs t ---- . · . , jut. t t.u d CarClUl re'new Dy .~GDI IS, NYSDEC and ( t'4YSDOH The well field m controlled through restricted pumpage of no more than 2 of 3, 30 gallon per minute wells. Further, significant storage is provided in thc Ibrm of a 54,000 gallon supply lank which avoid, s prolonged pumpage stress to meet peak water demand. Pumpag¢ of the well at a rate and depth consistent with the approved pumpag¢ limit and well depth lbund no significant incrcase in chloride (which would indicate salt water contact), and no significant drawdown in wells at 3, 62 and 103 feet from the pumping well (which would indicate no potential for lateral encroachment of salt water). These facts were relied upon by the pcrmitting agencies prior to permit issuance. In thc Final ElS evaluation, the Planning Board has given local consideration to issues beyond the scope of Planning Board purview, in order to ensure that the proposed subdivision would not cause adverse impact. Mitigation measures were found to be approprlatc through the Final EIS, in order to reduce water demand and fimit proliferation of private wells. Water quality issues involve potential for clcvated contangnaut levcls as a rcsult of thc subdivision. The Draft and Final EIS provide information concerning nitrate levels, as this is the prime contaminant associated with rcsldcntlal development. Couclusions indicate potcutial for lcvets clevalcd above natural recharge characteristics, but less than drinking water limitations, and comparab{e to Current nltratc concentrations in arcs groundwater. Similar to water quantity issues, mitigation measures can be utilized · to minimize impact. Given the magnitude of thc impacts recog ~ zed throu 'h the Final IEIS · · · to mitigat.e impacts through alternate design conccnt~ a --~,..- . and. the abdtty · , ' e' -~ ,tl~ta lllltlmdtl()ll,consideration was g,ven to alternative (development plans. '1 itc folh)xving set of criterkt was established as a Page 4 of 10 Anent Shores, Southold StZ, tcrncnt of Findings basis of design concept in consideration of specific impacts: "Reduce coverage of private lots on Section [, in order to control clcarina, provide more contiguous open space for wildlife & aesthetic enhancamcnt, expand wetland setbacks, and maintain a greater portion of Maritime Red Cedar Forest. * Reduce pavement area on Section I and, where possible, on Section II, in order to minimize stormwater runoff, and to reduce needed recharge basin capacity. · Provide area on lots for location of sanitary dlsposal systems above the ten (10) foot contour, in order to minimize needed fill, clearing and grading. "' Remove building lots from areas of constrained soils and flood prone areas. * Remove building Iots from areas of steep slopes, particularly where runoff and/or erosion could impact freshwater wetlands. E.'rpand open space areas on both .Section I and Section 1I, where possible, while providing reasonable sized lots for the proposed single family residential use. - Enlarge recharge areas in order to eliminate need for deep excavations which could intersect gxoundwater, and to allow for greater setbacks, buffering, and landscaping of recharge areas. Pro',"ide some potential for natural drainage areas where existing topographic contours permit.. In order to meet these criteria, and objectively evaluate alternatives which ~vould minimize sign/f/cant impacts, three alternative concept plans were t~rermred as art ' . - Final EIS. The plans are slmtlar but provide a variety of configura~ior~s which employed ~P:'gh on the Angel Shores site to achieve stated ~.nd necessary objectives in a redesign. The design concepts illustrate that the project can be designed such that o.p.en space is increased on Section I from 38.6 percent to at least 61 percent, while still maintaining at least 31 percent open space on Section II. In addition, wildlife corridors and xvetland setbacks can be significantly expanded, constrained soils and steep slopes can be avoided, and the most significant stands of red cedar forest can be preserved. Further, the open space and old field resources associated w/th Section II can be maintair~.ed, and recharge areas can be expanded in order to improve visual and aesthetic qualities. It is recogn/zed that there are both beneficial and adverse impacts associated with alternative designs. These trade-offs are considered below: Significant benefits arc observed and quantified in thc Final EIS. Bcncflts corrcpond with aclaic¥ing objectives outlined above and found to be necessary o minimize impacts. The Final EIS pro','idcs a table of relative percentages of contiguous Open space preserved through each of the development plans. Relative open space ratios are noted on the following page: Page 5 of 10 AnKcl Shores, Soutlmld Stateroom nf Findh~s ~ OPEN SPACE IL%TIOS __~1 Proposed ?' FEIS FEIS FEIS co=c p co=c p =; co=c p = Negative impacts include a potential lOWer selling price of lots due to a smaller lot sizes. In the real estate market the price of a building Iot is more dependant on its location rather that size, proGded ~at the lot(s) is not significantly smaller than surrounding building lots· In the subject area there is a N~ real estate value of building lots on the Great Hog Neck peninsula due to thc desirab~ity of thc area. addison, common areas presumed as contiguous open space pro,de an amenity which also partially offsets this impact. Finally, the water access opportunity which this subdiGsion pro'des is a desirable feature that is in limited supply, wh ch further buffers tcmpora~ recesses in thc real estate market, and economic aspects of providing smaller lots. Lot size reduction w511 require certain architecture ~vhich may or may not allow for side unto/garages depending on lot configuration, particularly on Section L Privacy can be prcscr,,'ed through }etention of natural and planting of supplemental vegetation on individual lots by homeowners. One-half acre and three-quarter acre lots have been used successfully in many residential subdivisions, and can be developed in such a manner as to avoid an appearance which is too dense. Private roads, significant Open space and separation of clusters of housing and the non-grid llka design of the concept plan ensures,. that the site will not take on the appearanca of a high density suburban subdivision. In addition, duc to constraints in lot placement, many lots are greater than tho minimum lots sizes as is evident in review of the average lot sizes for each concept. Larger lot sizes could be provided through density reduction; however, this would also have economic implications for tho developer. An overriding concern is thc need to protect open space as noted in the number of comments and concerns Mth regard to the Draft EIS and previousIy proposed Skatch Plans. Shortening of cul-de-sacs and reduction of paved surface areas is a commou concept to each of the plans. This technique allows for less clearing and grading, xvith greater retention of natural vegetation and open space. In addition, reduction of paved surfaco area reduecs the quantity of stormwater generated thereby reducing impacts related to runoff. Therefore, this design technique has significant environmental benefits. In addition, this concept has economic benefit to thc developer through the reduction of improvement costs associated with road construction. This economic benefit can be used to offset potential increased costs associated with recharge basiu landscaping which may be required as a result of project implcmentatlon. One potential disadvantage of the alternative design concepts is the shortening of md-de-sac lengths to reduce paved surface area, thereby requiring private roads for several cluslcrs of Iots. The concepts create flag lots Mth a minimum of 15 feet of frontage on a subdivision right-of-way. This wonld allow for separate access to individual parcels if absolutely necessary; fint in reality, a group of bomnmvncrs or the developer would construct ()ne private road to sen'icc a cluster of k~ts. The road would be used and maintained jointly by homcuwners. This technlquc allows for rcduccd road width and reduced maintenance. Private roads have been used extensively in rural areas, and eau add it) the rural character, privacy and prestige of thc homcs which they serve. T e usc of private roads has att economic advantage to thc developer by reducing the im[~rovemcnts necessary as part uf the sul~dlvlslon, specific-ally the Page 6 of 10 Angel Shores, Southldd Statement (~f Findint:s installation of additional road. The disadvantage iq that such use of roads requires cooperation bc~.veen homeowners, may limit thc range of potential homcbuyers and increases the maintenance needs of homes which use the road. These disadvantages must be balanced with the social benefit cited above as well as the environmental benefit previously noted. Other potential impacts of these design concepts should also be recognized. Clustering of lots raises concerns with regard to concentration of sanitary effluent. The 208 Study encourages large lot development in order to distribute sewage over a larger area and minimize concentration of effluent. Suffolk County Department of Health Services has established a minimum lot size of 20,000 square feet for clustered subdivisions where public water is provided in order to maintain ,groundwater nitrogen within acceptable levels. The water system is a community water supply system located upgradinnt of development areas. The only area where the alternatives involve lot sizes approaching 2121,000 square feet, is in Section I. Under these scenarios, sanitary systems would be clustered in three areas, the northwest corner (7 lots), the northeast corner (2 lots), and the south east corner (between 4 and 6 lots). The size of most lots is much in excess of 20,000 square feet, and in the northwest corner where the greatest number of lots is clustered, lot sizes are generally in excess of 30,000 square feet. In addition, it is not possible to spread the lots over a larger area of Section l, due to constraints with the depth to groundwater and the need to limit fill due to unique habitats. Lot sizes in Section It are intended to be in excess of 30,000 square feet, thereby providing for further distribution of sanitary effluent. In addition, density and lot size limitations as a function of nitrogen in recharge include nitrogen influx associated with lawn fertilization in standard residential communities. Tho Final IEIS has made it clear that Iow maintenance vegetation must be used due to provisions restricting lawn watering. This further reduces potential for nitrogen im pacts due to decreascd lot sizes (20,000 + square foot) in a small portion of the overall subdivision. Overall, although there are adverse and beneficial impacts to consider, adverse impacts are significantly less as compared to previously proposed proiects, and through design alternatives the project is considered to be mitigated to the m:~.,:imum extent practicable in consideration of the site resources, the objectives of the project sponsor, social and economic considerations, and the terms of the Stipulation of Settlement. As a means of further reducing impacts, the following mitigation measures are necessa~ a--~'7-~TEbuldssa~ be lncorporai-ed int6 any decision o~ject project. * A preliminary suhdivision plan should be prepared and submlttcd to the Town which conforms to the criteria cstablishcd for alternative design concepts established in thc Final EIS. A minimum of 61. percent open space must be maintained on Section I and 31 percent open space on Section II, in a configuration similar and no less retrictive than in design concepts. Street length and width should be reduced and common drives must be explored similar to &:sign concepts. The Planning Board will review the preliminary map for conformance to the Findings Statcmcnt. * Drainage design should incorporate leaching catch basins in the street in an effort to reduce recharge capacity needs. Rcchargc areas must be expanded as sho~"n in concept maps in order to allow buffering and/or natural recharge. [t is recognlzcd that some excvation may be nceded to achieve outfall grades aud capacity. Supplemental landscaping is cucouragcd, in addition to natural buffers, in recharge areas as well as the overall subdivision. * Due to t c sensitivity of ~cspcct to water supply issucs,?rass established on site should be of a type which rcqnire n~ i~ Duc to their hardiness, these species ~vould likewise be of low Page 7 of 10 Angel Shores, Sent/mid Statement of Findings fertilizer dependency. Thc species list provided in Attachment H of thc Final EIS is appropriate to use for guidcfincs. "Covenants should be filed on the Overall subdivision and lots which lots, as a means of reducing potential lawn area restrict clearing on privately ow'ned those in ....... ,. ~ . . , and as a means of expanding natural areas beyond dlo, 000 Square feet (1/4 acre) 90 percent 15,000 square feet (1/3 acre) 70 percent 20,000 sqn/are feet (1/2 acre) l/ 60 percent 30,000 Square feet (2/3 acre) 58 percent / 40,000 square feet (1 acre) 57 percent II 60,000 square feet (1 1 2 . ~oquure feet ( / acre) 46 percent Clearing on each lot should be limited to no more than that pcrccntagc which is indicated in this table. These rcstrictlons should be indi~c,?tcd on e subdivision map, and co_9~.Venants should be .~rennred and filcd to r n with each indkidual lot. Compliance should bc determined at thc tim building permit review, and implcm~ntatio~'~sh~"~d . · e of routine construction inspections It i- -,- be, determined by the budding ~nsDcctor cb,r; .... ,-~o rccommcnucd that budding pcrmk plans iC}cntify ~'h~'ng eXtent of clearing and proposed grading in order to ensure that compE ncc is achic,,ed. In addition, .building perm t review may consider clustering houses nearer to a common lot line on adjacent lots m order to provide W/der expanses of vegetation remaining on thc outside perimeter of these lots. Covenants will serve the purpose of educating landowners, and increasing probability of Compliance. Thc use of covenants creates a legal mechanism for awareness of issues relating to preservation of vegetation, there educating homeowners. In addition, iuformatlon and/or excerpts from tho Final EIS can be made available on ~, l~ndscape alternatives and a request basis through tl~c Town offices to prey/de ~..[~.. information on water quantity issues. Covenants should be filed as part of the subdiviskm and on each indivldua lot indicating 1 at no on- * site wells are permitted in the Angel Shores subd vision This is nccdcd in order to limit additional aquifer pumping not controlled under the water supply ~ite. The agency requiring the covenants is the Planning Board dtrough subdivision approval, and compliance will be determined d~rough planning, building and Zoning en£orcement mechanisms available to thc Town, or legal actkm as determined to be appropriate by the Town Atiorney. ?Vith regard to common areas, no clearing of trees or disturbance of natural soils, or any other act[','Jty ~s permitted to occur, with the exception of creation of foot trails for passive recreational activities, approved recharge basin construclion and . vcgctatlon (Attachment I {). supplemental phmtmg of appropriatc native or near native · No bulkhcading shall bc pcrmittcd iu any shorcfront areas. No Structural {mprovcmcnts shall be permit/cd [n any common brad areas of Angct Shores Scction I and Il. C°vcn'qnts shall bc llrcp:trcd aml filcd ~° rcflect Lbcsq'c(mditi°ns l2rilE t° ~ st~txl~a rnxal P:~ge 8 of 10 Submission Without a Cover Letter Sender: Date: Subject: Coi~iments: ,, ? I NOTICE Police Dept. - Bay Constable Town of Southold Peconic, New York 11958 23 Van Buren Court, Crasskill N.J. 07626 Address: ............................... J_~ ...... (Address of owner or authorized agent of owner) Please take notice there exists a violation of the Code of the 2O Town of Southold, Chapter 97 Article ............ Section ............. you are conduc~in~ at premises hereinafter described in that .................... activities within 75 feet of a wetlands. ~ithout first obtainin~ a Southold Town Trustee Permit. You are therefore directed and ordered to co~Pty with the Apply for a Trustee ~erm~t. following: ........................................................ _ _ - _ _ 3~ July 96 on or before ........... day of ................ , 19 ....... The premises to which this Notice of Violation refers are situated at: Angel Shores, ~ain Bayvlew, Southold ........... = ......................................... town of $outho!d, Suffolk County, N%¥. (Suff. County ~'ax Map Designation: Dist. 89.6 4 ' 5, 13.~ Section: ....... -=---Block: ........ Lot:2 ...... ~ 1000 Failure to comply with the applicable provisions of the law may constitute an offense punishable by fine or imprisonment or both. NOTICE: You have the right to apply for a hearing before the Board of Trustees of the Town of Southold, provided than ~ou file a written request with the Clerk of the Trustees within 1~ days after service'of the Notice of Violation. Such request shall have annexed thereto a copy of the Notice of Violation upon which a Hearing is requested and shall set forth the reasons why such notice of violation should be modified or rescinded.. Bay N~ CAS~ NUMBER ACTIVITY NUMBER CASE DESCRIPTION CLASS CODE I CASE I COUNTER REPORT INCIDENT LOCATION NaR D BLOCK C INTERSECTION ID PRIVATE HOME P E R S O N S INCIDENT REPORT Southold Town Police Department Route 25 Peconic, New York 11958 516-765-2600 PACE / OF I STREET NAME COMMERCIAL BLDG. INDUSTRIAL BLDG. MULTI DWELLING PERSONINVOLVEMENTCODES C-COMPLAINANT F-FINDER D-DRIVER I+INJURED/AIDED E-EMPLOYEE J-JUVENiLE LAST NAME HOME PHONE L°E? B - BLACK REPORTI~D DATE / ;L: ;b& FROM TO DESK OFFICER PATROL OFFICER APT. SECTOR PUBLIC BL~. ~ SCH~L ~ COUNTRY CLUB/GROUNDS PUBLIC PARK ~ BANK ~ OTHER PARKING LOT ~ CHURCH M - MISSING PERSON R - REPORTING PERSON V - VICTIM O - OWNER S - SUSPECT W - WITNESS P - POLICE OFFICER U - UNKNOWN Z - OTHER FIRST MI ADDRESS BUSINESS PHONE · OC.CUPATION DOB ~ A HOT EYES HAIR COMPLEXION H- HISPANIC FIRST I - AMERICAN INDIAN O - OTHER MI ADDRESS W - WHITE HOME PHONE I SUStNESS PHONE DOB HGT LAS NAME FIRST Mi HOMEPHONE Narrative: (Print or Type Only) BUSINESS PHONE DOB HGT OCCUPATION EYES HAIR COMPLEXION ~DDRESS OCCUPATION EYES HAIR COMPLEXION HRS HRS rn z PDTS-1A RAYMOND L. ]ACOBS SUPERINTENDENT SOUTHOLD TOWN~IGHWAY DEPARTMENT Fax. (516)-765-1750 ]AMES A. RICHTER, R.A. ENGINEERING INSPECTOR PECONIC L.~q[, PECONIC, Tel. (516)-765-3070 OFFICE OF THE ENGINEER TOWN OF SOLJTHOLD JULY 11, 1996 Mr. Albert Krupski President - Board of Trustees Town Hall, 53095 Main Road Southold, NewYork 11971 Re: Proposed improvements to Park Site Angel Shores Subdivision, Southold SCTM #: 1000-88-06-(3,4,5 & 13.1) Dear Mr. Krupski: This letter is to confirm our recent conversation concerning the park area within the above referenced subdivision. At our site visit on Wednesday, 7/10/96, we inspected the work that has already been completed. The waiver that was given to the developer by the Trustees did not permit heavy equipment to be used in clearing the site. Heavy equipment was used to clear the Right-of-Way adjacent to the park and therefore it was a violation. The remaining work, in your opinion, was in keeping with the requirements of the Town Trustees. At this time I also reviewed the additional work that has been proposed by the owner, Mr. Ted Laoudis, for completion of the park area restoration. It was your opinion that these items did not require additional permits from your office. These items would include the following: Fencing: An old fence was found on the east side of the right-of-way extending down to the dune just above the high water mark. The existing fence consisted of 10" concrete piers approximately 3' in height that were connected by wooden rails. The owner intends to renovate & reconstruct this fence where it now stands. Additional fencing to match the existing will be constructed at the north eastern corner of the park to define the park entrance. This fence will also frame out a parking area (Approx. 50' x 50') within the right-of-way adjacent to the park. This parking area is outside of the 75' setback required for Trustee jurisdiction and should not require permits. Page I of 2_ Mr. Albert Krupski Proposed Improvements to Park Site Angel Shores Subdivision, Southold JULY 11, 1996 Page 2 of 2 Note: If you Pavement at parking area: This item will consist of blue stone blend and gravel. (No Asphalt will be used in this area) Sand Fill: Clean sand will be added to the site to reconstruct the dune located at the end of the right-of-way and to bring the elevation of the road end up to that of the adjacent park area. Clean sand will also be deposited on the ground throughout the park site. Beach grass planting: The newly reconstructed dune shall be planted with beach grass and spartina to prevent erosion. The newly planted area shall be approximately 20' deep across the front of the 50' right-of-way. This item should be done in the fall to allow the grass to survive. 10' wide walk through the conservation easement: As per the original Planning Board approvals, lot numbers 42, 43 & 44 will have a 10' wide cleared walk that will extend in a southerly direction from the building areas down to the edge of the trees above the high water mark. Only brush and Iow vegetation shall be removed. No trees will be taken down as a result of this clearing. With the exception of delivering materials to the park site, no heavy equipment shall be used to perform the above referenced work. have any questions concerning this report, please contact my office. CC; Richard G. Ward (Chairman - Planning Board) Officer Kent McCarthy (Southold Town Marine Police) /James A. Richter, R.A. P.O. Box 1627 Southold, NY 11971 July 8, 1996 Honorable Jean Cochran Southold Town Supervisor Southold Town Hall Southold, NY 11971 Dear Ms. Cochran: UUt .JUL1 I own a home on Sunset and West Lanes, immediately adjacent to the "new" Angel Shores community beach. I understand that the town issued a permit for the developer to make a path to the beach for the future occupants of his development. On Saturday, June 30 at 8 AM, and again on Thursday, July 4 at 8 AM he had a bulldozer on the beach tearing down the trees and beach grass in a fifty-foot swath. He then subsequently cut down most of the trees covering the rest of the lot. The town gave him a permit with limitations, but did not supervise what he was doing. This made it possible for him to destroy a wetlands gem. Since the town did not supervise the execution of its permit it allowed this developer to do great ~amage for his own personal gain. It is my position that he not only did great environmental harm, but has also has lessened the value of my property and other adjacent properties. In my opinion, it is the town's legal responsibility to see that this beach area is restored to its former natural beauty. I would like to have your response to my request before proceeding further. Sincerely, TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: RE: DATE: Trustees John Bredemeyer Attached memo from Planning Board - Angel Shores February 3, 1991 As the Trustees have already flagged and confirmed the tidal and freshwater wetlands under their jurisdiction in this proposed subdivision and whereas the subdivision and whereas the subdividers are proposing 75' or greater buffer area adjacent to all wetland areas and whereas the wildlife and engineering concerns this Board previously transmitted have been addressed. I would recommend we send a letter to the Planning Board confirming same. The impact statement is available in our office for review. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 22, ~)TT L. HARRIS Supervisor [all, 53095 Main Road P.O. Box 1179 Southold, New York 1197t 1991 Fax (516) 765-1823 Frederick Block Block, Amelkin & Hamburger 202 East Main Street Smithtown, New York 11787-2813 RE: Proposed Major Subdivision of Angel Shores, Sections I and II SCTM#1000-88-1-4 & 5 Dear Mr. Block: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, October 21, 1991. Be it RESOL9ED that on this day the Southold Town Planning Board hereby adopted the Findings Statement dated October 18, 1991: for the proposed major subdivision of Angel Shores, Sections I and II. If you or your client have any questions, please contact this office. Very truly yours, Bennett Orlowski, fir. Chairman Encl. cc: Mr. T. Laoudis, owner, c/o William Moore William Moore, Esq., Attorney for Applicant Thomas Jorling, Comm. DEC. Albany Roger Evans, DEC, SUNY, Stony Brook Mohabir Perseud, NYS Dept. of State Vito Minei, Director, Office of Ecology, SC Health Services ~John Bredemeyer III, President, Board of Trustees, Southold John Holzaphel, Director, Conservation Advisory Council Mayor William Pell, Greenport Utility Co., Village Hall Arthur Kunz, Director SC Dept. of Planning Stephen Costa, Suffolk County Health Department Frank Dowling, Suffolk County Planning Commission Harvey Arnoff, Town Attorney Judith Terry, Town Clerk Public Notice Bulletin Board PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 October 18, 1991 FINDINGS STATEMENT State Environmental Quality Review Act Pursuant to Article 8 (State Environmental Quality Review Act - SEQR) of the Environmental Conservation Law arid 6 NYCRR Part 617, the Planning Board of the Town of Southold as lead agency, makes the following findings. NAME OF ACTION Angel Shores, Sections I and II DESCRIPTION OF ACTION The proposed project involves the subdivision of 92.7 acres of land into 49 residential lots. Project includes required roads, recharge facilities, a 0.6 acre park site, and incorporates the retention of open space (including wetlands and unique habitat) through lot size r, eduction. Project density is based upon a density map utilizing lots in conformance with 'R-40" (I-acre) yield on Section I (exclusive of wetlands); and, "A-C' (2-acre) yield on Section II, submitted in conformance with a Stipulation of Settlement applicable to the site. Project utilizes a water supply system approved by the Suffolk County Department of Health Services (SCDHS), the New York State Department of Environmental Conservation (NYSDEC) and the New York State Department of Health (NYSDOH). Individual lots will utilize on-site sanitary disposal systems. LOCATION Angel Shores Sections I and II is located on the south side of Main Bayview Road, west of Cedar Beach Road, and comprises 92.7 acres extending west to the border of the Terry Waters Subdivision. The site lies on Great Hog Neck, in the Hamlet of Southold, Town of Southold, County of Suffolk, State of New York. The site is more particularly described as Suffolk County Tax Map (SCTM) No. 1000-88-6-4, 5 and 13.1. AGENCY ,JURISDICTION The Town of Southold Planning Board is the lead agency for this application. Involved agencies and jurisdictions are identified below: Town of Southold Planning Board (subdivision approval) Town of Southold Board of Trustees (wetland delineation completed, activity proposed such that no Angel Shores, Southold Statement of Findings Trustees permit will be required). Suffolk County Department of Health Services (approval of subdivision of land; approval of individual permits to construct sanitary systems [subsequent to subdivision]; approval of water supply system for the Cove and Angel Shores, completed) New York State Department of Environmental Conservation (Article 25 individual wetlands permits for lots in jurisdiction; Article 24 wetlands permits for subdivision and individual lots within jurisdiction, with possible additional joint application permits depending on project [water quality certificate, protection of waters]) Permits and approvals for the water supply system from SCDHS, NYSDEC, and NYSDOH, and the ViLlage of Greenport have already been obtained. Construction of this facility has been completed and an operating permit issued in July of 1989. The plant is currently being operated by William Gremler (c/o GNS, Route 25, Mattituck, NY), under contract as a licensed water treatment plant operator, to the Homeowners Association. DATE FINAL EIS FILED The Final EIS was accepted by the Planning Board on .Sept. 30, 1991. BACKGROUND AND SEQR PROCEDURES The project has been subject to a Draft EIS prepared by Henderson & Bodwell, consulting engineers, located in Plainview, New York. The Draft EIS was accepted January 14, 1991 after completion of several revisions necessary to provide a document adequate for public, review. In order to provide an adequate time from for interested and involved agencies, the public and parties of interest to consider the document, a public comment period was provided between the date of acceptance and March 21, 1991. Public hearings on the Draft EIS were held on February 4, 1991, February 12, 1991 and March 11, 1991. A time period for submission of written comments was provided for a period of ten (10) days after the close of the public hearing establishing the close of the comment period on March 21, 1991. On March 22, 1991 comments were forwarded to the applicant for the attorney providing the opportunity for the applicant to respond to substantive comments on the Draft EIS. Based on correspondence recetved from the applicant, the Planning Board directed t~h, eir conj~ulta~n~ts, C. rarn~er, Voorhis & Associates, Inc. to prepare the Final EIS for Angel snores. ~ne manmng t~oard as lead agency is responsible for the adequacy and accuracy of the Final EIS, regardless of who prepares it, as per 6 NYCRR Part 617.140). The Planning Board was involved in the preparation of the Final EIS through input to the consultant, and after review and deliberation, the Final EIS was accepted by the Planning Board on sept. 30, 1991. In accordance with SEOR, adequate time was provided subsequent to the filing of the Final EIS, in order to allow the public and involved and interested agencies time to consider the Final EIS. The minimum period of ten (10) days has been provided, and the findings have been completed in less than thirty (30) days as required by SEQR, and in consideration of comments received by the Planning Board from interested parties. This Findings Statement concludes the SEQR process as related to the Final EIS for Angel Shores Sections I and II, and provides a basis for the Planning Board decision on the project. Page 2 of 10 Angel Shores, Southold Statement of Findings FACTS AND CONCLUSIONS IN THE EIS RELIED UPON TO SUPPORT THE DECISION With regard to environmental impact issues, the following facts and conclusions in the Final EIS are relied upon to support the decision. In general, the most common impacts from the Sketch Plan proposed as part of the Draft ElS which require mitigation include the need to preserve Maritime Red Cedar Forest, avoid steep slope areas, expand wetland setbacks, enlarge and preserve wildlife corridors, avoid flood plain and constrained soil areas, and maintain the current diversity of habitats, with regard to Section I. Section II is recognized for importance to open space and rural character and wildlife use to a lesser extent than Section I. In addition, a key issue of concern was the impact of the project upon water quantity and water quality, due to the pum[~age of the water supply system on the site, on-site sanita~ discharge, and the presence of private wells downgradtent of the site. These concerns related to potential for salt-water intrusion and water quality impact on private wells. Based upon these concerns it was recognized during the preparation of the Final EIS that, the Draft EIS and the Sketch Plan (which was the subject of the Draft EIS) did not adequately consider these issues. Accordingly, significant additional documentation was provxded as well as further analysis of alternative design concepts. Considerations regarding specific key impact areas are as follows: Constrained Soils Constrained soils including Haven Loam, with a thick surface layer, and tidal marsh, exhibit limitations due to saturation and poor leaching qualities. In addition, portions of several lots were within the flood plain area, causing further constraint. Furthermore, a depth to groundwater of less than ten (10) fee was a concern due to the need to fill sites to provide adequate leaching depth for sanitary systems. Excessive fill was found to be contrary to goals of minimizing clearing and disturbance. The location of these soils and the lots affected included six (6) lots of Section I. Steed S[oDes Concern with regard to steep slopes primarily involved potential construction on lots with steep slopes adjacent freshwater wetlands. Although strict interpretation of wetland setbacks could perhaps be met, the disturbance of highly erodable soils on a slope adjacent to important freshwater wetlands and associated habitat was determined to be a potential impact which could be avoided by alternate lot configuration and density. Approximately eight (8) lots within Section I were affected by this constraint. Natural Habitat and Wildlife Corridors Angel Shores Section t includes fresh ponds and associated wetlands and adjacent areas. In addition, the southwest corner of the site includes tidal marsh and a portion of a salt pond. Upland areas include dune environment, Maritime Red Cedar Forest, and other shrub upland and former nursery upland areas. Wetland areas were documented in the Final EIS as being more biologically productive areas. This productivity supports a greater variety and density of wildlife species. Adjacent upland provide additional foraging, hunting and nesting opportunities. It was also noted that the cedar stands provide wildlife value for animals such as songbirds, upland ground birds, small mammals and hoofed browsers. With this greater intensity of wildlife activity it is important to preserve the diversity of habitats and provide for substantial inter-connection of habitats in order to support wildlife populations. Preservation of corridors is a common tool in order to promote and maintain wildlife activity between productive areas. The presence of vegetation characteristic of a Maritime Red Cedar Forest on Section I was also found to be significant. This type of habitat is uncommon in New York State, and warrants protection. The most Page 3 of 10 ( Angel Shores, Southold Statement of Findings significant stands of this habitat are located in the central portion of Section I; however, most portions of Section I contain dominant stands of red cedar. Based upon natural habitat areas, alternate designs were found to be appropriate for consideration. In addition mitigation measures and special conditions were explored in the Final EIS and found to be appropriate to further reduce impact. Onen Space and Visual Impacts It is evident that Section I is the most ecologically sensitive portion of the site. It should also be noted that Section II provides visual resources and open space value in terms of open, former agricultural expause. This is important to the viewshed and open space appreciation along Main Bayview Avenue. In addition, preservation of this type of habitat is important to many wildlife species, due to documented species diversity associated with field habitat as compared to many Long Island forests. The Final EIS also notes that recharge design in the Sketch Plan accompanying the Draft EIS would cause visual and aesthetic impact, and could be improved through design and mitigation. Land Use and Zoning Important features of the site include unique habitat on Section I and open space views along Main Bayview Avenue on Section II. Protection of these resources is not necessarily dependent upon density, provided the concept of creative clustering is employed. The Angel Shores parcel was upzoned to 2-acre density equivalent, or "A-C" district; however, subsequent litigation established a compromise density of 1-acre equivalent on Section I and 2-acre equivalent on Section 2. Through creative re-design efforts are being made to protect unique resources and observe the density criteria of the Stipulation of Settlement, while providing a residential development which conforms to the intent of the "A-C~ district. Groundwater Resources Groundwater quantity issues involve the impact of pumping the well field and its impact upon private wells in the area of the site. The Final EIS found that the well field site which is already approved by the appropriate permitting agencies for use, was subject to a careful review by SCDHS, NYSDEC and NYSDOH. The well field is controlled through restricted pumpage of no more than 2 of 3, 30 gallon per minute wells. Further, significant storage is provided in the form of a 54,000 gallon supply tank which avoids prolonged pumpage stress to meet peak water demand. Pumpage of the well at a rate and depth consistent with the approved pumpage limit and well depth found no significant increase in chloride (which would indicate salt water contact), and no significant drawdown in wells at 3, 62 and 103 feet from the pumping well (which would indicate no potential for lateral encroachment of salt water). These facts were relied upon by the permitting agencies prior to permit issuance. In the Final EIS evaluation, the Planning Board has given local consideration to issues beyond the scope of Planning Board purview, in order to ensure that the proposed subdivision would not cause adverse impact. Mitigation measures were found to be appropriate through the Final ElS, in order to reduce water demand and limit proliferation of private wells. Water quality issues involve potential for elevated contaminant levels as a result of the subdivision. The Draft and Final EIS provide information concerning nitrate levels, as this is the prime contaminant associated with residential developmcnt. Conclusions indicate potential for levels elevated above natural recharge characteristics, but less than drinking water limitations, and comparable to current nitrate concentrations in area groundwater. Similar to water quantity issues, mitigation measures can be utilized to mtmm~ze ~mpact. Given the magnitude of the impacts recognized through the Final EIS and the ability to mitigate impacts through alternate design concepts and mitigation, consideration was given to alternative development plans. The following set of criteria was established as a Page 4 of 10 Angel Shores, Southold Statement of Findings basis of design concept in consideration of specific impacts: * Reduce coverage of private lots on Section I, in order to control clearing, provide more contiguous open space for wildlife & aesthetic enhancement, expand wetland setbacks, and maintain a greater portion of Maritime Red Cedar Forest. * Reduce pavement area on Section I and, where possible, on Section II, in order to minimize stormwater runoff, and to reduce needed recharge basin capacity. * Provide area on lots for location of sanitary disposal systems above the ten (10) foot contour, in order to minimize needed fill, clearing and grading. * Remove building lots from areas of constrained soils and flood prone areas. * Remove building lots from areas of steep slopes, particularly where runoff and/or erosion could impact freshwater wetlands. * Expand open space areas on both Section I and Section II, where possible, while providing reasonable sized lots for the proposed single family residential use. * Enlarge recharge areas in order to eliminate need for deep excavations which could intersect groundwater, and to allow for greater setbacks, buffering, and landscaping of recharge areas. Provide some potential for natural drainage areas where existing topographic contours permit. In order to meet these criteria, and objectively evaluate alternatives which would minimize significant impacts, three alternative concept plans were prepared as part of the Final EIS. The plans are similar but provide a variety of configurations which might be employed on the Angel Shores site to achieve stated and necessary objectives in a redesign. The design concepts illustrate that the project can be designed such that open space is increased on Section I from 38.6 percent to at least 61 percent, while still maintaining at least 31 percent open space on Section II. In addition, wildlife corridors and wetland setbacks can be significantly expanded, constrained soils and steep slopes can be avoided, and the most significant stands of red cedar forest can be preserved. Further, the open space and old field resources associated with Section II can be maintained, and recharge areas can be expanded in order to improve visual and aesthetic qualities. It is recognized that there are both beneficial and adverse impacts associated with alternative designs. These trade-offs are considered below: Significant benefits are observed and quantified in the Final EIS. Benefits correpond with achieving objectives outlined above and found to be necessary o minimize impacts. The Final EIS provides a table of relative percentages of contiguous open space preserved through each of the development plans. Relative open space ratios are noted on the following page: Page 5 of 10 Angel Shores, Southold Statement of Findings OPEN SPACE RATIOS Proposed FEIS FEIS FEIS Project Concept A Concept B Concept C Section I 38.6% 65.2% 61.7% 69.4% Section II 31.1% 33.7% 40.9% 31.2% Negative impacts include a potential lower selling price of lots due to a smaller lot sizes. In the real estate market the price of a building lot is more dependant on its location rather that size, provided that the lot(s) is not significantly smaller than surrounding building lots. In the subject area there is a high real estate value of buildlng lots on the Great Hog Neck peninsula due to the desirability of the area. In addition, common areas preserved as contiguous open space provide an amenity which also partially offsets this impact. FinalIy, the water access opportunity which this subdivision provides is a desirable feature that is in limited supply, which further buffers temporary recesses in the real estate market, and economic aspects of providing smaller lots. Lot size reduction will require certain architecture which may or may not allow for side entry, garages depending on lot configuration, particularly on Section I. Privacy can be preserved through retention of natural and planting of supplemental vegetation on individual ,lots by homeowners. One-half acre and three-quarter acre lots have been used successfully in many residential subdivisions, and can be developed in such a manner as to avoid an appearance which is too dense. Private roads, significant open space and separation of clusters of housing and the non-grid like design of the concept plan ensures that the site will not take on the appearance of a high density suburban subdivision. In addition, due to constraints in lot placement, many lots are greater than the minimum lots sizes as is evident in review of the average lot sizes for each concept. Larger lot sizes could be provided through density reduction; however, this would also have economic implications for the developer. An overriding concern is the need to protect open space as noted in the number of comments and concerns with regard to the Draft ElS and previously proposed Sketch Plans. Shortening of cul-de-sacs and reduction of paved surface areas is a common concept to each of the plans. This technique allows for less clearing and grading, with greater retention of natural vegetation and open space. In addition, reduction of paved surface area reduces the quantity of stormwater generated thereby reducing impacts related to runoff. Therefore, this design technique has significant environmental benefits. In addition, this concept has economic benefit to the developer through the reduction of improvement costs associated w/th road construction. This economic benefit can be used to offset potential increased costs associated with recharge basin landscaping which may be required as a result of project implementation. One potential disadvantage of the alternative design concepts is the shortening of cul-de-sac lengths to reduce paved surface area, thereby requiring private roads for several clusters of lots. The concepts create flag lots with a minimum of 15 feet of frontage on a subdivision right-of-way. This would allow for separate access to individual parcels if absolutely necessary; but in reality, a group of homeowners or the developer would construct one private road to service a cluster of lots. The road would be used and maintained jointly by homeowners. This technique allows for reduced road width and reduced maintenance. Private roads have been used extensively in rural areas, and can add to the rural character, privacy and prestige of the homes which they serve. The use of private roads has an economic advantage to the developer by reducing the improvements necessary as part of the subdivision, specifically the Page 6 of 10 Angel Shores, Southold Statement of Findings installation of additional road. The disadvantage i~ that such use of roads requires cooperation between homeowners, may limit the range of potential homebuyers and increases the maintenance needs of homes which use the road. These disadvantages must be balanced with the social benefit cited above as well as the environmental benefit previously noted. Other potential impacts of these design concepts should also be recognized. Clustering of lots raises concerns with regard to concentration of sanitary effluent. The 208 Study encourages large lot development in order to distribute sewage over a larger area and minimize concentration of effluent. Suffolk County Department of Health Services has established a minimum lot size of 20,000 square feet for clustered subdivisions where public water is provided in order to maintain groundwater nitrogen within acceptable levels. The water system is a community water supply system located upgradient of development areas. The only area where the alternatives involve lot sizes approaching 20,000 square feet, is in Section I. Under these scenarios, sanitary systems would be clustered in three areas, the northwest corner (7 lots), the northeast corner (2 lots), and the south east corner (between 4 and 6 lots). The size of most lots is much in excess of 20,000 square feet, and in the northwest corner where the greatest number of lots is clustered, lot sizes are generally in excess of 30,000 square feet. In addition, it is not possible to spread the lots over a larger area of Section I, due to constraints with the depth to groundwater and the need to limit fill due to unique habitats. Lot sizes in Section II are intended to be in excess of 30,000 square feet, thereby providing for further distribution of sanitary effluent. In additiou, density and lot size limitations as a function of nitrogen in recharge include nitrogen influx associated with lawn fertilization in standard residential communities. The Final EIS has made it clear that low maintenhnce vegetation must be used due to provisions restricting lawn watering. This further reduces potential for nitrogen impacts due to decreased lot sizes (20,000+ square foot) in a small portion of the overall subdivision. Overall, although there are adverse and beneficial impacts to consider, adverse impacts are significantly less as compared to previously proposed projects, and through design alternatives the project is considered to be mitigated to the maximum extent practicable in consideration of the site resources, the objectives of the project sponsor, social and economic considerations, and the terms of the Stipulation of Settlement. As a means of further reducing impacts, the following mitigation measures are necessary and should be incorporated into any decision on the subject project. A preliminary subdivision plan should be prepared and submitted to the Town which conforms to the criteria established for alternative design concepts established in the Final EIS. A minimum of 61 percent open space must be maintained on Section I and 31 percent open space on Section II, in a configuration similar and no less retrictive than in design concepts. Street length and width should be reduced and common drives must be explored similar to design concepts. The Planning Board will review the preliminary map for conformance to the Findings Statement. Drainage design should incorporate leaching catch basins in the street in an effort to reduce recharge capacity needs. Recharge areas must be expanded as shown in concept maps in order to allow buffering and/or natural recharge. It is recognized that some excvatlon may be needed to achieve outfall grades and capacity. Supplemental landscaping is encouraged, in addition to natural buffers, in recharge areas as well as the overall subdivision. * Due to the sensitivity of the site with respect to water supply issues, grass established on site should be of a type which requires no irrigation. Due to their hardiness, these species would likewise be of low Page 7 of 10 ( Angel Shores, Southold Statement of Findings fertilizer dependency. The species list provided in Attachment H of the Final EIS is appropriate to use for guidelines. * Covenants should be filed on the overall subdivision and lots which restrict clearing on privately owned lots, as a means of reducing potential lawn area, and as a means of expanding natural areas beyond those in common ownership. Restrictions are as follows: Lot Size Maximum Cleared 10,000 square feet (1/4 acre) 90 percent 15,000 square feet (1/3 acre) 70 percent 20,000 square feet (1/2 acre) 60 percent 30,000 square feet (2/3 acre) 58 percent 40,000 square feet (1 acre) 57 percent 60,000 square feet (1 1/2 acre) 46 percent Clearing on each lot should be limited to no more than that percentage which is indicated in this table. These restrictions should be indicated on the subdivision map, and covenants should be prepared and filed Lo run with each individual lot. Compliance should be determined at the time of building permit review, and implementatlon should be determined by the building inspector during routine construction inspections. It is also recommended that building permit plans identify the extent of clearing and proposed grading in order to ensure that compliance is achieved. In addition, building permit review may consider clustering houses nearer to a common lot line on adjacent lots in order to provide wider expanses of vegetation remaining on the outside perimeter of these lots. Covenants will serve the purpose of educating landowners, and increasing probability of compliance. The use of covenants creates a legal mechanism for awareness of issues relating to preservation of vegetation, there educating homeowners. In addition, information and/or excerpts from the Final EIS can be made available on a request basis through the Town offices to provide landscape alternatives and information on water quantity issues. * Covenants should be filed as part of the subdivision and on each individual lot indicating that no on- site wells are permitted in the Angel Shores subdivision. This is needed in order to limit additional aquifer pumping not controlled under the water supply site. The agency requiring the covenants is the Planning Board through subdivision approval, and compliance will be determined through planning, building and zoning enforcement mechanisms available to the Town, or legal action as determined to be appropriate by the Town Attorney. * With regard to common areas, no clearing of trees or disturbance of natural soils, or any other activity is permitted to occur, with the exception of creation of foot trails for passive recreational activities, approved recharge basin construction and supplemental planting of appropriate native or near native vegetation (Attachment H). No balkheading shall be permitted in any shorefront areas. No structural improvements shall be permitted in any common land areas of Angel Shores Section I and II. Covenants shall be prepared and filed to reflect these conditions prior to final subdivision approval, Page 8 of 10 Angel Sh'ores, Southold Statement of Findings CONCLUSION It is the conclusion of these findings that the project as proposed and modified through this discussion and mitigation measures cited above, addresses the concerns and potential impacts which are associated with the proposed action. The measures included herein seek to minimize the impacts of the project to the maximum extent in consideration of the environmental sensitivity of the site, balanced with the environmental, social and economic needs and objectives of the Town of Southold as determined through land use planning and environmental documents and policy. Therefore, the further consideration of the Ang.el Shores, Sections I and II project vnth the incorporation of the above findings is appropriate. Page 9 of 10 Angel Shores, Southold Statement of Findings Certification of Findings to Approve Having considered the Draft and Final EIS, and having considered the preceding written facts and conclusions relied upon to meet the requirements of 6 NYCRR 617.9, this Statement of Findings certifies that: The requirements of 6 NYCRR Part 617 have been met; Consistent with the social, economic and other essential considerations from among the reasonable alternatives thereto, the action approved is one which minimizes or avoids adverse environmental effects to the maximum extent practicable; including the effects disclosed in the environmental impact statement, and o Consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process will be minimized or avoided by the inco~orating as conditions to the decision those mitigative measures which were identffied as practicable. Consistent with the applicable policies, this action will achieve a balance between the protection of the environment and the need to accommodate social and economic considerations. Southold Town Planning Board Signature o/Responsible O]~cial Bo~nn~ Orl~wnk~ , Name of Res~ible Offic~l Planninq Rnard Cha4rman Title of Responsible Official Town Hall. 53095 Mai. n Road. ~qouthold. New York ]1971 .dddres~ of ~dgency Page 10 of 10 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 TO: Reviewing Agency FROM: Bennett Orlowski, DATE: February 13, 1991 ~ L. ~IARRIS Town Hall, 53095 Main Road P O Box 1179 Southold~ New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 Jr. , Chairman ~5 RE: Proposed Major Subdivision Draft Environmental Impact Statement Angel Shores, Southold Town SCTM9 1000-88-6-1,4,5 On January 15, 1991, the Southold Town Planning Board forwarded a copy of the December 1990 Draft Environmental Impact Statement to you for review. The following changes have occurred since then: The public hearing on the DEIS, which was opened on February 4, 1991, was not closed until February 12, 1991. The Planning Board has scheduled another public hearing on the DEIS for March 11, 1991 at 7:45 P.M. This date was selected so that the hearing would be advertised for 14 days prior to the hearing, as required by Sate Environmental Quality Review Act. Neither the February 4th hearing nor the February 12th hearing was advertised 14 days in advance. The public comment period has also been extended to March 21, 1991. I would be most appreciative if your comments were submitted prior to the closing of the new comment period. If you require any additional information, please contact Melissa Spiro at this office. cc: John M. Bredemeyer, III, President, Board of Town Trustees *John Holzapfel, Conservation Advisory council *Town Board Members Stephen Costa, Suffolk County Health Department Mohabir Perseud, Department of State David Morrell, N.Y.S.D.E.C. SUNY, Stony Brook Thomas Jorling, N.Y.S.D.E.C. Albany Vito Minei, Director, Office of Ecology, SCDHS *Robert DeLuca, Office of Ecology, SCDHS *Louise Harrison, Office of Ecology, SCDHS Gerald W. Hickson, Greenport Public Utilities Frank Dowling, Suffolk County Planning Commission. Steven Colabufo, Suffolk County Water Authroity * DEIS was not enclosed with original submission TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOFF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: RE: Planning Board ~ Board of Trustees fft~./ Proposed Major SubdiVision - SCTM ~1000-88-6-1,4,5 DATE: February 7, 1991 Angel Shores The Southold Town Trustees have reviewed a copy of the D.E.I.S. in the above referenced matter dated December 1990. The Trustees confirmed our previously adopted wetland lines as noted in the attached surveys. As these wetland lines and contiguous 75' buffers provided by the developer place all activities beyond our jurisdiction, this Board has completed its review and comment on the project in its present form. We appreciate the transfer of density from the wetland section and the earnest attempt at balancing the wetland versus open space values. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 TT L. HARRIS Supervisor 1, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 TO: FROM: DATE: Reviewing Agency Southold Town Planning Board February 5, 1991 RE: Proposed Major Subdivision Draft Environmental Impact Statement Angel Shores, Southold Town SCTM# 1000-88-6-1,4,5 On January 15, 1991, the Southold Town Planning Board forwarded a copy of the December 1990 Draft Environmental Impact Statement to you for review. Please take note of the following date changes: The public hearing on the DEIS was opened on February 4, 1991. The hearing will be continued on February 12th at 7:30 P.M. The public cormment period has also been extended. February 22, 1991. It will end on Your co~ents should be submitted prior to the closing of the comment period. If you require any additional information, please contact Melissa Spiro at this office. cc: John M. Bredemeyer, III, President, Board of Town Trustees ~ *John Holzapfel, Conservation Advisory council *Town Board Members Stephen Costa, Suffolk County Health Department Mohabir Perseud, Department of State David Morrell, N.Y.S.D.E.C. SUNY, Stony Brook Thomas Jorling, N.Y.S.D.E.C. Albany Vito Minei, Director, Office of Ecology, SCDHS *Robert DeLuca, Office of Ecology, SCDHS *Louise Harrison, Office of Ecology, SCDHS Gerald W. Hickson, Greenport Public Utilities Frank Dowling, Suffolk County Planning Commission. Steven Colabufo, Suffolk County Water Authroity * DEIS was not enclosed with original submission PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L Edwards Telephone (516) 765-1938 TO: FROM: DATE: RE: PLANNING BOARD OFFICE TOWN OFSOUTHOLD Reviewing Agency Southold Town Planning Board January 15, 1991 Proposed Major Subdivision Angel Shores, Southold Town SCTM$ 1000-88-6-1,4,5 SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 I 5 T ..... C;:~- , , Enclosed is a copy of the revised Draft Environmental Impact Statement dated December 1990, for the proposed Angel Shores subdivision. The Planning Board accepted the DEIS as complete for the purpose of public and inter-agency review on January 14, 1991. Your agency may have reviewed previous Draft Environmental Impact Statements for this subdivision. The Board now requests your comments on the revised document. Please take note of the following dates: The public comment period began on January 14, 1991; The public comment period will end on February 13, 1991; The Planning Board will hold a public hearing on the DEIS on February 4, 1991, at 7:45 in the meeting room at the Town Hall. If you require any additional information, please contact Melissa Spire at this office. enc. cc: John M. Bredemeyer, III, President, Board of Town Trustees *John Holzapfel, Conservation Advisory Council *Town Board Members Stephen Costa, Suffolk County Health Department Mohabir Perseud, Department of State David Morrell, N.Y.S.D.E.C. SUNY, Stony Brook Thomas Jorling, N.Y.S.D.E.C. Albany Vito Minei, Director, Office of Ecology, SCDHS *Robert DeLuca, Office of Ecology, SCDHS *Louise Harrison, Office of Ecology,SCDHS Gerald W. Hickson, Greenport Public Utilities Frank Dowling, Suffolk County Planning Commission * DEIS not enclosed - copy available at Planning Board Office CRAMER, VOORHIS & ASSOCIATES ENVIRONMENTAL AND PLANNING CONSULTANTS May6,1990 Mr. Scott Harris, Supervisor Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Review and Comments on Density and Sketch Plans of Angel Shores Sections I & II MAY t8 1990 i TOWN OF Sou'rtr;OLD Dear Mr. Harris: We have conducted field inspections of the above referenced site and have reviewed the sketch and density plans for Angel Shores I & II. We have reviewed the projects under the assumption that Section I will yield a density based on 40,000 square foot lots and Section II will yield a density based on 80,000 square foot lots. This review is also contingent upon findings of the SEQR process - additional relevant information may be obtained as result of this process, which may not be obvious at this time. The following are our findings and comments. DENSITY MAP: Vegetation - Base map should show areas of existing vegetation. Section I is heavily vegetated, but map only shows two (2) small vegetated areas around wetlands. Wetlands - Boundaries shown on map "appear" to be accurate. A few old flags were found in the field that correspond to the boundaries. It is recognized that the Trustees agree with the boundaries as depicted. Flags shouid be re-established in field from survey information, for both Tidal and Freshwater Wetlands. NYSDEC should be contacted to verify wetlands wetland boundaries after flags are re-established -CVA will also re-verify at that time. Wetlands located off site (within 100' of property line) should be placed on the base map. Boundaries established from NYSDEC maps would be sufficient. These would include areas east of Little Peconic Bay Lane and Cedar Beach Road. Drainage Facilities - No drainage facilities (recharge basins) are shown on density map. Density should be based on what could be built on site based on a "conventional" subdivision of 40,000 and 80,000 square foot lots. A 54 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455 Page 1 of 3 Angel Shores Review "conventional" subdivision would include recharge basins. Inclusion of feasible recharge basins would reduce overall density. Buildable Lots - All lots shown are greater than 40,000 and 80,000 for the respective Sections, a total of fifty (50) are shown for both Sections. Those lots which contain wetlands in Section I have upland areas (excluding wetlands) greater than 40,000 square feet. In addition, lots are considered '"ouildable" if a house can be located with a 75' setback from the wetlands in conformance with all the yard setbacks established in Town Code. These setbacks should be shown on the density map. Several lots in Section I are considered very restricted, but buildable. Lot # 11, Section I, is considered non-buildable, and should be eliminated, thereby reducing the overall density. SKETCH PLAN: Buildable Lots - All lots are a minimum of 40,000 square feet, a total of fifty (50) are shown for both Sections. Setbacks should be shown on map. Lot 18, Section I, appears to be non-buildable considering the setback from wetlands and other yard requirements. Wetlands - As with density plan, NYSDEC should confirm wetland boundaries and those off-site should be shown. A minimum of 100' natural and undisturbed buffer should be considered adjacent to all wetlands in order to protect wetlands through clustering and project design. Covenants should be considered to restrict the construction of bulkheading, docks, etc. adjacent to the wetlands and bay. Low impact access (wood chip trails, etc.) could be allowable. Drainage Facilities - As with the density map, no drainage facilities (recharge basins) are shown. Vegetation - The sketch plan shows two desirable considerations for the preservation of existing vegetation and habitats through the use of clustering. These are: 1) preservation of a large area of "old field" adjacent to Main Bayview Road, and 2) a "green-belt" corridor connecting the wetland areas. These considerations should be maintained and enhanced on final map. The following are some additional considerations: Consideration of imposing covenants for lots in Section I (#'s 1, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17 & 18) which would forbid clearing of vegetation adjacent to "green-belt" area. This would increase the effective width of the natural area and its associated CRAMER, VOORHIS & ASSOCIATES ENVIRONMENTAL AND PLANNING CONSULTANTS Page 2 of 3 Angel Shores Review value. The "Green-Belt" corridor should be widened between lots 9 and 10, in Section I. All lot. s in t. he entire cluster, Sections I & II, should have clearine limits e. stabhsh_ed to preserve natural vesetation and reduce the noten~al threat of groundwater contamination from extensive are~s~f fertilizer dependent landscaping. Consideration should be given to the reduction of pavin~g width, particularly in Section I, to preserve vegetation and habttat. The cul-de-sac in the southwest comer of the site should be setback further from the wetlands (recommend minimum of 100'). Consideration could be given to establishing the lots located in this area as flag-lots. Consideration should be [given to eliminating the tie-in of this subdivision with the existing development to the west. In conclusion, the plans submitted to date are considered unacceptable for the reasons stated above. It is our suggestion that the applicant resubmit maps which incorporate the above comments. additioInfa}~rarmeatl}onYn qplUeea-'~ieC~leSelW~trehethtioS cCoCnrtraecStPOusl~.dence'or if we can (~/~/l~omns W. Cramer, ASLA CC: Ben Orlowski, Chairman of the Planning Board Harvey Arnoff, Town Attorney CRAMER, VOORHIS & ASSOCIATES ENVIRONMENTAL AND PLANNING CONSULTANTS Page 3 of 3 TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Alber~ J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD scour L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, blew York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 March 28, 1990 Charles Beckert Henderson & Bodwell 120 Express Street Plainview, NY 11803 RE: Angel Shores / SCTM #1000-88-6-1-,4,5 Dear Mr. Beckert: Confirming our conversation this date, the Southold Town Trustees' jurisdiction on the Angel Shores Project has not changed since our February 17, 1988 inspection and flagging of wetlands. Activities more than 75' landward from that line are not in our jurisdiction. Sincerely, John M. Bredemeyer, III President, Board of Trustees JMB:jb cc: Planning Board Town Attorney Town H~ii, 53095 Main Ro~d P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 12, 1989 William Moore Suite 3 P.O. Box 23 Clause Commons Mattituck, NY 11952 RE: Angel Shores SCTM #1000-88-6-1,4,5 Dear Mr. Moore: The following action was taken by the Southold Town planning Board on Monday, January 9, 1989. RESOLVED that the Southold Town Planning Board deem the Revised Draft Environmental Impact Statement incomplete. Enclosed please find a report from the Department of State, dated December 1, 1988 and a report from the Department of Health, dated November 28, 1988. If you have any questions, please do not hesitate to contact this office. ruly yours,_~ BENNETT ORLOWSKI,JR. CHAI~ CC: Suffolk County Department of Health Services NYS Department of Environmental Conservation Judith Terry, Town Clerk Board of Trustees '' T. Laoudis GAlL S. SHAFFER SECRETARY OF STATE STATE OF NEW YORk DEPARTMENT OF STATE AlbAnY. N.Y. 12231-0OO 1 December 1, 1988 Ms. Valerie Scopaz Town of Southold Planning Board Main Street Southold, NY 11791 Re: S-88-046 Revised Draft Environmental Impact Statement for Angel Shores Town of Southold Dear Ms. Scopaz: Thank you for sending us a copy of the above-referenced document for our review and comments. According to 6 NYCRR 617.9 (e) of the regulations which implement the State Environmental Quality Review Act (SEQRA), the actions of involved state agencies occurring in the State's coastal area must be consistent with New York State's coastal policies. Because this proposal will require approval(s) from a state agency and is located within the coastal area, the Draft Environmental Impact Statement (DEIS) should, pursuant to 6 NYCRR 617.14(f) (10) of SEQRA, include the identification and analysis of coastal policies which are applicable to this proposal. A copy of this Department's regulations (19 NYCRR 600) containing these coastal policies is enclosed for your information and use. Based upon our review of the revised DEIS, the following policies are applicable and should be addressed in this proposal's DEtS: 600.5 (aZ (2) -- Facilitate the siting of water-dependent uses and faciliti6-s on or adjacent to coastal water~. The construction of private residences on or adjacent to tidal wetlands is not a water dependent activity; the DEIS should address this-conflict in coastal area land use. Lots 20-23 (as shown on the preliminary plan) contain tidal wetlands and are bounded for the most part on their southern borders by the mean high water line of Little Peconic Bay. To ensure the integrity of the wetlands and th~ shoreline, conservation easements, which at a minimum encompass the wetlands, should be established. 600.5 (a) (5) -- Encouraqe the location of development in areas where public services and facilities essential to such development ar~, 9dequate, except when such development has special functional requirements or the characteristics which necessitate its location i. other coastal areas. Page 3-23 of the DEIS indicates that traffic increases on Main Bayville Road will be within the structural capacities of the road. Nevertheless. the approximately 80% increase in traffic is substantial and is likely to have negative impacts on current residents of the area that use this road as well as on the road itself during construction periods. These potential effects should be discussed in the DEIS. 600.5 (b) (1) -- Significant coastal fish and wildlife habitats, ah identified on the coastal area map, shall be protected, preserved and, where practical, restorea so as to maintain their viability a',_habitats. The proposed development is located between the Corey Creek and Cedar Beach Point designated significant coastal fish and wildlife habitats along the north shore of Little Peconic Bay. The potential impacts of the Angel Shores development on the viability of these habitat areas should be addressed in the DEIS. 600.5 (e) (2) -- Access to the publicly owned foreshore and to land~ immediately adjacent to the foreshore or the water's edge that are publicly owned shall be provided, and it should be provided in a manner compatible with adjoining uses. Such lands shall be retained in pub!ir ownership It's stated in the DEIS (page 1-2) that a 0.6 acre park site adjacent to the bay will be offered for dedication to the Town of Sou~hold. If the Town declines, and an Angel Shores Homeowner's Association assumes ownership, what will be the potential for general public access to Little Peconic Bay? Please elaborate on how this association will manage and maintain the park site. The Preliminary Plan dated 8/17/87 depicts several areas on the development property that are to be designated as open space, totaling 32.8 acres. How will these areas be managed and maintained? !.~ill a Homeowners Association be established that will maintain these areas as open space in perpetuity? As an alternative to conservation easements attached to the deeds of the four shoreline lots, the dedication of a strip of land abutting the bay for general public use should be investigated. These issues should be discussed in greater detail in the DEIS. 600.5 (g) (1) -- Whenever possible. (!se nonstructural measures to minimize~amage to natural resources and property From flooding and erosion. . - (i) ~ii) (iii) (iv) Such measures shall include: the setback of buildings and~sSructures; the planting of vegetation and the installation of sand f~ncing and drainage systems; the reshaping of bluffs~ and the floodrproofing of buildings or their elevation above che base flood level. ' The DEIS should discuss the possibility of relocating the building envelopes of lots 20-23 outside the lO0-year flood plain even if it requires a reduction of lot sizes. This reduction would fit well with Alternative Plan III. 600.5 (h) (5) -- Best management practices will be utilized to minimize the non-point discharge of excess nutrients, organics and eroded soils into coastal waters. ' It's stated on page 4-4 of the revised DEIS that an erosion and sediment control plan will be implemented in order to protect wetlands and other areas of the site. Adhering to this plan will be especially important in the western section of the development where slopes are steepest. This plan, or at least a preliminary form of this plan should be incorporated into the DEIS. Regarding alternatives to the chosen plan, it would make more sense environmentally to pursue Alternative iii because of the greater sensitivity of tidal wetlands to lot development as opposed to the recently abandoned farmland of the open space area in Section II. This alternative would allo~ for the establishment of an open space corridor between lots 17-20 and the Little Peconic Bay shoreline. The DEIS should give greater consideration to reduced density alternatives. Have plans for a reduced number of lots on the property been investigated? The fertilization of lawns and non-native vegetation is the source of large quantities of nitrogen and other nutrients ~n the soil and groundwater. Native vegetation should be retained to the maximum extent possible and used in landscaping plans for this development, and the use of fertilizers and pesticides for lawn treatments should be prohibited. These restrictions should be addressed further in the DEIS. We have a comment concerning the discussion of page 4-1 of the 19.5 acres of open space planned for the Main Bayview Road frontage. The farmland is unlikely to remain in a meadow condition for long unless it is farmed or maintained as such by artificial means. Because of natural plant succession, the agricultural character of this open space area will not be retained. We hope the above comments will be of assistance to the Town of Southold and to involved state agencies in the review of this DEIS. If there are any questions about these comments, please call me at (518) 474-3642. Enclosure MC:ng cc:NYS DEC Region I - Robert Greene Suffolk County De~rtment of Sincerely, Michael Corey - Senior Environmental Analyst Coastal Management Program (with enclosure) Health Services - Robert DeLuca (with enclosure) DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE ]40V 3 0 SOUTHOLD TOWN PLANNING BOARD DAVID HARRIS, M.D., M.P.H. COMM~SS~ON£R November 28,1988 Mr. Bennett Orlowski, Chairman Town of Southold Planning Board 53095 Main Road Southold, New York 11791 RE: Aneel Shores, Draft Envfl:onmental Impact Statement (DEIS) Revision of October 1988 SCTM #: 1000-88-06-1,4 & 5 '' Dear Chairman Orlowski: The Suffolk,.County Department of Health Services (SCDHS) has reviewed the above- referenced DEIS revision. With the exception of the expanded Archeological Report, the document appears to reflect few material changes and does not respond to many of the issues raised previously in our conmnent letter of August 15, 1988. · .As. a result, we remain concerned with the inability of the proposed action and alternatives to mmumze potential adverse environmental impacts, and adequately protect the site's most sensitive natural features. Also, we continue to be concerned with the document's portrayal of pot.ential wildlife impacts and mitigation measures to protect the site's wildlife resources· An outline of the outstanding concerns and recommendations 6f our agency ,are provided below. Additional details may be found in our original commment lette~ which is attached for your convenience. Letter tO Bennett Orlowski November 28, 1988 Page 3 Re commendations The document does not appear to address any of our agency's recommendations pertaining to subdivision design and increased natural resources protection. B. Assessment of Environmental Impacts Wildlife The document continues to suggest that the majority of wildlife species displaced by the proposed action will return to the site after construction, and that the site's proposed open space will provide enough habitat to accommodate the majority of displaced species (pp. 3-5, 4-1). It remains our position that the proposed action will eliminate breeding opportunities for many species found on-site and that surrounding areas are likely to be limited in their ability to accept species displaced from the subject property. C. _A~tematives ' ~' We note that the cover letter attached to the DEIS indicated that no additional alternative design information is addressed in the DEIS revision. We, therefore, cannot address this section of the document at this time. We continue to recommend, however, that the public acquisition and modified cluster alternatives receive further discussion as requested in our original comment letter. All such discussion should be in detail sufficient for comparative assessment. - Iff.' S LPvlMARY We believe the revised DEIS does not fully respond to the to the previously stated concerns and recommendations of our agency. As a result, we do not believe the current document provides information necessary to develop a plan which minimizes potential environmental impa~ts t,o the greatest degree practicable, as directed by SEQRA. Letter to Bennett Orlowski November 28, 1988 Page 2 I. SANITARy CODE A. SCDHS Jurisdiction and Article VI Application Statu:; Our agency has not received an application for realty development as required by the Suffolk County Sanitary Code. B. Comprehensive Review The DEIS does not provide sufficient information requirements of our agency for the subject action. II. NATURAL RESOURCES Wildlife Habitat pertaining to the regulations and TI~ DEIS does not discuss wildlife habitat fragmentation in relation to the proposed lot configurations. Wetlands and Slopes The DEIS does not sufficiently address the issue of protecting sensitive natural resource areas through the use of conservation easements, rather than maintaining such areas as dedicated open space. We believe that conservation easements are often difficult to enforce and that sensitive areas are better protected through open space dedication. Waterfront Lots We note that several of the site's waterfront lots are largely within a designated flood hazard area. We continue to stress that such areas are highly dynamic and subject to coastal erosion hazards. Because such hazards can result in extensive damage to property from natural and manmade forces, we remain concerned about the approval of' residential lots within such areas. Letter to Bennett Orlowski November 28, 1988 Page 4 We appreciate the opportunity to review this project. Should you have any ftuestions of concerns, please feel free to contact the Office of Ecology at 548-3060. RSD/amf cc: ¥ito Minei, P.E. Louise Harrison Stephen Costa, P.E. Charles Lind, SC Planning Dept. Robert Greene, NYSDEC Charles Hamilton, NYSDEC George Stafford, NYSDOS attachment Sincerely, Robert S. DeLuca Biologist Office of Ecology 195 Midway Southhld, NY 11971 December 5, 1988 Legislator Gregory 11 West 2nd Street Riverhead, NY 11901 Blass Dear Legislator Blass: The planned Angel Shores development on Hog Neck in Southold which will have a common water system with the Cove condominiums 9ontinues to trouble me greatly. It makes sense that continuous well drawing of large amounts of ground water causes dislocations in the water table and in low lying areas salt water can rush in and take ~ts place. This has occured in ~lorida in the ~er- glades, along the South Shore of Long Island, and perhaps even in the Bay Haven development. A good well at the home of Mr. George Dussol (deceased) on Bay Haven Lane was "spoiled" by salt water. Residents of Terry Waters and Bay Haven have legitimate fears of salt water intrusion.. The two wells at Angel Shores have the capacity to pump 60 gallons per minute of ground water for 83 units of neb housing on Hog Neck, and the effect is not predictable. More people living along the short stretch of road from the Cove to Angel Shores must affect the ~ of ground water. In periods of heavy rain, sewage, pesticides, fertilizers, road run-off containing hydrocarbons and met- talic materials could enter the a~uifer and eventually run into Peconic Bay. Don't we have enough trouble with the ~ Bay ~ow? The eco-system of Hog Neck is fragile, fluid, and unpredictable. It seems obvious that the area from the Cove to Angel Shores is one large water system and must be managed as one for all residents of the community. I urge you to recogn~ the continuous dsgradation of the Long Island environment and to help us minimize the development at Angel Shores. Very truly yours, DOt{OTHY A. PHILLIPS Dorot'hy A. Phillips 195 Midwey Soufhold, New York 1197] PLANNING BOARD MEMBERS RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 ]'OWN OF SOUTHOLD TO: Southold Town Trustees FROM: RE: Melissa Spiro, Planner~ Angel Shores SCTM# 1000-88-6-1, 4 & 5 DATE: June 27, 1996 ! have reviewed the request from Robert Jenkins of Doroski's Nursery, in regard to cleaning the under brush, vines, bramble bushes and dead debris from the park area of the above mentioned subdivision. I recommend that if the Trustees allow the developer to proceed with the proposed work that such work be allowed to be done by hand only, and not by tractor. In addition, as per the Declaration of Covenants and Restrictions recorded as a condition of subdivision approval, there is to be no clearing of trees or disturbance of natural soils within the park area. Please contact me if you have any questions regarding the above. cc: Bruce Loucka, CAC Telephone (516) 765-1801 Town Hall. 5309.5 Main Road P.O. Box 1179 Southold. New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At' the meeting of the Southold Town Conservation Advisory Council held MONDAY, JUNE 2q, 1996 the following recommendation was made: WR-39 Moved by Allan Connell, seconded by Robert Keith, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Waiver Request of Doroski Nursery for ANGEL SHORES 88-6-~ F. 13.1 to clear the underbrush, vines, bramble bushes and dead debris from park area. The CAC recommends disapproval of the waiver request and suggest the project go through the Wetland Application process and the an appropriate description of the location be supplied. Bayview Road, Southold Vote of Council: Ayes: All Motion carried. DOROSKI NURSERY INC. LANDSCAPE AND DESIGN SEED, SOD AND NURSERY STOCK NORTH ROAD AND ACKERLY POND LANE SOUTHOLD, NEW YORK 11971 765-3672 Southold Town Board of Main Road Southold, N. Y. 11971 Dear Board Members; Trustees June 1996 This letter is in reference to the park area at Angel Shores on Bayview Road, Southold, N. Y.. The developer would like to clean the under brush, vines, bramble bushes and dead debris from this area. A small tractor would be used to perform this work. This area is within 75' of the Bay. No live trees, cedars or other desirable natural vegetation will be disturbed. Please consider this a request for permission to do the work. Contractors for: /~espectfully su~bmitted, Doroski's Nursery, Inc. Theodore & Angela Laoudis Main Bayview Road Southold, N. Y. 11971 Identification Number 1-4738-00831/00'~01_0 Name of Action Angel Shores Subdivision CERTIFICATION Of FINDINGS TO APPROVE/FUND/UNDERTAKE Having considered the draft and Final ElS, and having considered the preceding written ;acts and conctumons relied upon to meet the requirements of 6 NYCRR 517.9, this Statement of Findings certifies that: 1. The.requirements of 8 NYCRR Part 517 have eeen met; 2. Consistent with the social, economic and other essential considerations from among the reasona01e alternatives thereto, the action approved is one Which minimizes or avoids adverse environmental effects to the maximum extent practica01e: including the effects disclosed in the environmental impact statement, and 3. Consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process will be minimized or avoided by incorborating as conditions to the decision those mitigative measures which were identified as practicable. 4. (and. if applicable) Consistent with tt~e applicable policies of Article ,~2 of the Executive Law, as implemented by 19 NYCRR 600.5, this action ,,viii act~ieve a balance between the protection of the environment and the need to accommodate social and economic considerations. NYSDEC Environmental Analyst 2 N~$DEC Bldg. 40, SUNY Ston7 Brook, David DeRidder 3/24/94 11790-2356 OR CERTIFICATION OF FINDINGS TO DENY Having considered the Draft and Final E~S, and having considered the preceding written facts and conclusions relied upon to meet the requirements of 8 NYCRR 617.9, this Statement of Findings certifies that: 1. The reduirements of 5 NYCRR Psrt 817 have not been met; 2. Consistent wit~ the soo;al, economic and other essential considerations from among the reasona01e alternatives thereto, the action denied is one which fails to adeduately minimize or avoid adverse environmental effects to the maximum extent practicable; and/or 3. Consistent with social, economic and other essential considerations, to the maximum extent practicaPle, adverse environmental effects revealed in the environmental impact statement process cannot be adeouately mmimized or avoided =y the mitigation measures identified as practicable. 4. (and. if apoticabte) Consistent with the amolicaole ~ciicies of Article 4'2 of the Executive Law, as imolemented by ~9 NYCRR 800.5. this action will not aceouately achieve a balance between the protection of the environment amp the need to accommodate social and economic con- siderations. c: Other Involved Agenmes and the Aooticant 817.21 Appendix I State Environmental Quality Review FINDINGS STATEMENT Pursuant :o Article 8 (State Environmental Quality Review Act--SEQR) oI Conservation Law and 6 NYCRR Part 617, the NYSDEC as lead or involve(3 agency, makes the following findings. Name of Action: Angel Shores Subdivision, Sections I and II Descdptlon of Action: Subdivision of 92.74 acres into 49 residential lots including required roads, recharge facilities, 0.6 acre park site and incorporates retention of open space (including wetlands and unique habitats) through clustering/lot size reduction. The project utilizes a community water supply and on-site sanitary disposal systems. Location: (Include street address and the name ofthe municipality and count.) South side of Main Bayview Road, west of Cedar Beach Road, on Hog Neck, Southold, Suffolk County. Agency Judsdlctlon($): Article 25: Tidal Wetlands Article 24: Freshwater Wetlands within Date Final ElS Filed: September 30, 1991 Facts and Conclusions in the EtS Retied UI3on to Support the Decision: (Attach a~itional sheets, as necessa~) Angel Shores Section t includes NYS regulated freshwater wetlands and tidal wetlands With regard to lots 47 and 48, portions of which are within I00 feet of regulated freshwater wetlands, the "limit of clearing" areas are at or greater than 100 feet from the wetland which should provide the needed buffer to proeect the resource. Any future activity, within 100 feet of the regulated freshwater wetland requires individual filings for NYSDEC permits. This requirement also pertains to the 1.7 acre "Water Facility Site" which is within the freshwater wetland jurisdictional area. With regard to Lots 41,42,43, 44~5 and 46, which are all within the NYSDEC Tidal Wetlands jurisdiction, a permanent "Conservation Easement Limit Line" has been established to ensure that no disturbance to natural vegetation is to take plat? 100 feet landward of the tidal wetland boundary. Ail development on these lots requires individual filings for NYSDEC Tidal Wetlands Permits and must meet applicable development standards. 617.2.1 Appendtx { State Environmental Quality Review FINDINGS STATEMENT Pursuant to Article 8 (Stats Environmental Quality Review Act--SEC Conservation Law and 8 NYCRR Part 617, the NYSDEC as lead or involvecl agency, makes the following findings. Name of Action.' Angel Shores Subdivision, Sections I and II Descdptlon of Action: Subdivision of 92.74 acres into 49 residential lots including required roads, recharge facilities, 0.6 acre park site and incorporates retention of open space (including wetlands and unique habitats) through clustering/lot size reduction. The project utilizes a community water supply and on-site sanitary disposal systems. Location: (Inctude street address and the name of the municipality and county.) South side of Main Bayview Road, west of Cedar Beach Road, on Hog Neck, Southold, Suffolk County. Agan~fJudsdictton(s): Article 25: Tidal Wetlands Article 24: Freshwater Wetlands Date Final EtS Filed: September 30, 1991 within Facts and Conclusions in the ElS Relied Upon to Suppo~ the Decision: (Attac~ additional s~eets, as necessary) Angel Shores Section t includes NYS regulated freshwater wetlands and tidal wetlands!. With regard to lots 47 and 48, portions of which are within ]00 feet of regulated : freshwater wetlands, the "limit of clearing" areas are at or greater than 100 feet from the wetland which should provide the needed buffer to proOect the resource. Any future activity, within 100 feet of the regulated freshwater wetland requires individual filings for NYSDEC permits. This requirement also pertains to the 1.7 acre "Water Facility Site" which is within the freshwater wetland jurisdictional area. With regard to Lots 4],42,43, 44,~5 and 46, which are all within the NYSDEC Tidal Wetlands jurisdiction, a permanent "Conservation Easement Limit Line" has been established to ensure that no disturbance to natural vegetation is to take placb 100 feet landward of the tidal wetland boundary. Ail development on these lots requires individual filings for NYSDEC Tidal Wetlands Permits and must meet applicable development standards. Identification Number 1-4738-00831/00-0D.I-0 Name of Action Angel Shores Subdivision CERTIFICATION OF FINDINGS TO APPROVE/FUND/UNDERTAKE Having considered the Draft and Final ElS, and having considere - oonc!usions relied upon to meet The r=,-,-;-~-- . ....... .idthefrecedmgwntten facts and certifes that- . -.~-=-,ente of o l'~fL, dR o17.9, this S atement of Findings 1. The. ragu rements of 6 NYCRR Pat/ 817 have been met; 2. Consistent with the social, economic and other essential considerations from among the reasonable alternatives thereto, the action approved is one Which minimizes or avoids adverse environmenta effects to the maximum extent practicable; including the effects disclosed in the environmental imbact statement, and 3. Consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process will be minimized or avoided by incorporating as conditions to the decision those mitigative measures which were identified as practicable. 4. (anq, if applicable) Consistent with the applicable policies of Article 42 of the Executive Law, as implemented by lg NYCRR 600.5, this action will achieve a balance between the protection of the environment and the need to accommodate social and economic considerations. N¥SDEC Environmental Analyst 2 David DeRidder 3/24/94 N~$DEC Bi~0, SUNY Stony Brook, NY 11790-2356 OR CERTIFICATION OF FINDINGS TO DENY Having considered the Draft and Final ElS, and having considered the preceding written facts and conclusions relied upon to meet the reduirements of 6 NYCRR 617.9, this Statement of Findings certifies that: 1. The requirements of 6 NYCRR Par~ 617 have not been met; 2. Consistent wit~ the soo;al, economic and other essential considerations from among the reasonable alternatives thereto, the action denied is one which fails to adequately minimize or avoid adverse environmental effects to the maximum extent practicable; and/or 3. Consistent with social, economic and other essential considerations, to the maximum extent practicanie, adverse environmental effects revealed in the environmental impact Statement process cannot be aCeouatety mmimized or avoided by the mitigation measures identified as oracticanle. 4. (and. if aColicaDle) Consistent with the aooticable 2olicies of Article 42 of the Executive Law, as ~mcleme, ,.~d by ;9 NYC~R 800.5, this action will not adequately achieve a balance between the protection of the environment and the need .*o accommodate social and economic con- siderat[ons. c: Other Involved Agencies and t,~e Aooticant PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 William D. Moore Moore & Moore P.O. Box 23 Mattituck, New York T~lvn r0WN OF SOUTHOL[ PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 24, 1993 ~TI'L. HARR1S Supe~isor I1, 53095 Main Road '.O. Box 1179 d, New York 11971 Fax (516) 765-1823 11952 RE: Major Subdivision Angel Shores SCTM~ 1000-88-6-1, 4 & 5 Dear Mr. Moore: In confirmation of the discussion which took place at the Planning Board's March 15, 1993 work session which was attended by both Harvey Arnoff and yourself, please find the following: Condition H(2) of the Planning Board's April 27, 1992 conditional preliminary approval states that "No bulkheading shall be permitted on any shorefront area." It is not the Planning Board's intent to limit bulkheading should a future emergency situation occur requiring the installation of such protective measures. In the event that such situation does occur and there is good cause shown that there is a need for bulkheading, the Planning Board and other permitting agencies will entertain the appropriate application(s) for such construction. The Planning Board is not in favor of revising the clearing restrictions contained in Condition E of the conditional preliminary approval. Upon compliance with the conditions the Planning Board will proceed with the subdivision review. of preliminary approval final stage of Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman cc:l Harvey A. Arnoff, Town Attorney ~ John M. Bredemeyer, III, President, Board of Trustees September 28, 1988 Mr. Frank KuJawski, Jr., Deputy Supervisor To~n of Southold Town Hall, Main St. ~outhold, N.Y. 11971 Dear Mr. KuJawski: As a resident, taxpayer and voter in the Town of Southold, I am seriously concerned with the critical groundwater and environmental situation existing in the Great Hog Neck area. At the present time, we are confronted wfth the dangerous plan to pump water to the Cove Development as well as the Angel Shores Development° This pumping is to be done from our already fragile ground water aquifiero The pumping station is located immediately to the East of c~r Terry Waters community and abuts both fresh water and salt water wetlands. We have had little or no opportunity to present our views on the permit granted for this pumping station. It is imperative that our concerns be given full and ~mmediate consideration by you. Should the approval to pump water be granted, we must have guarantees in the form of Surety Bonds to ensure that when this occurs we will have a continued adequate and high quality supply of fresh water at no cost to USo I will appreciate your immediate reply in connection ~th this matter. Cor Home Address: 405 Longview Lane Southold, New York 11971 516-765-3406 Re. Angel Shores and The Cove Development As a resident, taxpayer and voter in gouthold Town, I am deeply concerned with the critical groundwater and environmental situa- tion throuhout the Great Hog Neck area. At present, we are confront- ed with the dangerous plan to pump our watem to the Cove develop-. ment and the proposed Angel Shores development from our already fragile ground water aquifier. The pumping station is located immediately to the East of our Terry Waters community and abuts both fresh water and salt water wetlands. We have had little or no opportunity to present our views on the permit granted for this pumpin~ station. It is imperative that our concerns be given full and immediate consideration by you. Should the approval to punp the water be granted, we must have guaran- tees in the form of surety bonds to ensure that when this occurs we will have a continued adequate and high quality supply of'fresh water at no cost to us. I/We .await your i~medza~e reply. Sincerely, I am a citizen, living in the Ferry Water section of Great l~3 ?~eck , and nm a~azed theft Tine Angel Shores Develop- ment appears about to draw large amounts of water to supply ~ts two sec%ions , and to supply The new Cove Develop- m~nt; via an 8" waler ma~n to that site. My house is next to ~ngel Shores, and I have Found that salt wa~er intrusion is already occurring in some of the shore properties around Angel Shore. Please try to have this situation investigated , and see that excessive water dra~vinO from Angel Shores does not effect the water supply of my neighbors and myself. Thank you, Charles E. Rowan 740 Longwiew Lane Southold~ N. Y. 11971 765-1022 Mr. and Mrs. John K. ]085 Rambler Road Southold, N.Y. 11977 Co~mo~s September o0, ~98~ Re: Angel Shores and The Cove Development Mr. Frank Kujawski, Jr. Southold Town Hall Main S~uthold, N.Y. ~197i Deputy Supervisor Dear Deputy Supervisor Kujawski, Jr. As a resident taxpayer an~ voter in Southola To~'n, i am deeply concerned with the critical groundwater end environmental situa- tion throughout the Great Hog Neck area. At present, we ere confront- e~ with the dangerous plan to pump our water to the Cove develop- ment and the proposed Angel Shores ~evelopment from our already fragile groun~ ,~eter a~uifier. The pumping station is located immediately to the East of our Terry Waters community end abuts both fresh water and salt water wetlands. We have had little or no opportunity to present our views on the permit granted for this pumping station. It is imperative that our concerns be given full and immediste consideration by you. Should the approval to pump the ~ater be granted, we must have guaran- tees in the form of surety bonds to ensure that when this occurs we will have a con'hued adeouate and high euality supply of fresh water at no cost to us. We await your immediate reply~ Very truly yours~ Gigi Spates P.0. Box 786 Southold, New York 1'1971 OO. David Stern N.Y.S. Legislative Commission on Water Resource Needs of Long Island State Office Bldg. Veterans Highway Hauppauge, New York 17788 re. to Southold Town Planning Board et~h$1~T~ Board of Tru~o Suffolk Co. Legislator Greg- ory Blass Angel Shores development November 5, 1988 ...... Dear David: Just to remind you, I met you at the Naturalists Gathering in September at West Hills County Park. At that time, when I talked to you about a development proposed in my neighborhood in Southold, you suggested that I write to you wi~h the information to locate that property. I guess the activist-polit{cal lobbying part of that Naturalist meeting finally struck the right chord to do just that! Though my own concern regarding this development is both broad and deep, covering nearly every issue a development touches on, many of the people in my community are particularly concerned about the effects of this development on their well water. I would appreciate your checking into the general water quality and quantity of the Hog Neck area and in parti- cular of the large well site recently situated on this same development property. The development is called Angel Shores, #1 and #2, Suffolk County Tax Map #1000-88-6-1,4 & 5, and is situated on Main Bayview Road between Rambler Road and Sunset Lane. Angel Shores includes 92.7 acres in two sections, #1 to be one-acre zoned and #2 to be two-acre zoned. (By the way, the well is meant to feed both the Angel Shores development and the existing development called The Cove, which is a 33-unit condo- minium also on Main Bayview Road but across from Cedar Road. The pipe between the two properties has already been laid under the street.) I would appreciate hearing from you when you have gathered information on this matter, and of course also, if you have any questions. I can be reached at the following numbers: home .... 765-1436 store .... 765-2122, ask for my husband Don or me I remain very concerned that Long Island citizens protect their ground- water for private well useage in hopes that many of us will not have to await a future municipal water supply. Real protection of our sole source aquifer means water pure enough not to need chlorine and the other chemi- cals added by a municipality and a density of human population limited enough to keep the water that way. S~ncere~ly, P.S. Your commission's address and telephone number are on a suggested contact list circulated in our general community. Mr. and Mrs. Emil Sbernini 1325 Rambler Road Southold, NY 11971 September o0 ~98~ Mr. Frank Kujawski, Jr.. Southold Town Hall Main Road Scuthold, N.Y. 11971 Re: Angel Shores Deputy Supervisor and The Cove Development Dear Deputy Supervisor Kujawski, Jr. As a resident taxpayer and voter in Southol~ To~,~, I am deeply concerned with the critical groundwater and environmental situa- tion throughout the Great Hog Neck area. At present, we are confront- ed with the dangerous plan to pump our water to the Cove develop- ment and the proposed Angel Shores Development from our already fragile ground water aquifier. The pumping station is located immediately to the East of our Terry Waters community and abuts both fresh water and salt water wetlands. We have had little or no opportunity to present our views on the permit granted for this pumping station. It is imperative that our concerns be given full and immediate consideration by you. Should + = ~h~ approval to pump the :eater be granted, we must have guaran- tees in the form of surety bonds to ensure that when this occurs we will have a con6nued adeouate and .high eualit~ supply of fresh water at no cost to us. We await your immediste reply. Very truly yours, Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 TELEPHONE (~16) 76~-193~ PLANNING BOARD OFFICE TOWN OF $OUTHOLD TO: FROM: RE: DATE: November 16, MEMORANDUM Ail involved agnecies The Planning Board Revised Draft Environmental Impact Statement for Angel Shores. SCTM #1000-88-6-1,4,5. 1988 The following action was taken by the Southold Town Planning Board on Monday, November 14, 1988. RESOLVED that the $outhold Town Planning Board take a thirty (30) day extension for reviewing the Revised Draft Environmental Impact Statement from December 2, 1988 to January 2, 1989. A determination as to completeness will be made on December 19, 1988 as this is the last meeting within the thirty (30) days. Please respond before December 19, 1988 on the completeness of this document or let this office know if you need more time for review. If you have any questions, please do not hesitate to contact this office. Copies mailed to: Suffolk County Department of Health Services NYS Department of Environmental conservation Thomas C. Jorling, DEC Commissioner Board of Trustees~/~ David Emilita Judith Terry, Town Clerk March , 1992 Mr. John Bredemeyer President Southold Town Board of Trustees Town Hall Main Street Southold, New York 11971 Dear Mr. Bredemeyer: ,I'OWN OF SOUTHOLD Please accept the enclosed petition from Southold relatively near the proposed "Angel Shores" development project. Those who signed the petition are extremely concerned about their supply of fresh water. We urge you and the other trustees to act favorably on our concerns and add this petition to the official records of the "Angel Shores" proposals. Sincerely, Property Owner 1715 Sunset Lane PO Box 882 Southold, N.Y. 11971 Dec 20, 1991 Board of Trustees Town of Southold Main Road Southold, N.Y. 11971 REF: ANGEL SHORES DEVELOPMENT PLAN Gentlemen: We the undersigned request your attention to that segment of the Angel Shores final DEIS dealing with the supply of drinking intrusion into the wells of surrounding properties (or to the South of the site). This concern is already part of the DEIS but is dealt with in probabilities and possibilities. Nowhere are there any absolutes when it comes to this question. The State Environmental Agency says it is not likely, but seemingly condradict themselves by stating, should this occur, people who have lived here (on the bay) for 10, 20 or 30-years without salt water instusion must prove to the state that is as a result of excessive draw down rather then natural causes. On page 26 of the DEIS report, in response to Comment 33, it states, "Groundwater quantity according the NYSDEC study is harder to define than water quality problems because there are no numerical standards. However, significant changes to an area such as over-pumping, or a low water table can cause saltwater intrusion, the drying up of surrounding wetlands, impact to private wells and the reduction of surface water." On page 36 in response to Comment 5, it states: A change in the elevation of the water table caused by natural or pumping interface. This situation is not expected to occur as a result of the water supply site at Angel Shores due to the minimal drawdown however, excessive pumping at a high rate may cause upcoming of salt water into the fresh water lense." -1- On page 30 it is further stated that freshwater reserves on the Great Hog Neck area must be conserved due to the limited supply as related to the elevation of grownwater above sea level. The claim to protect against excessive drawn down at peak periods by mechanical means makes no allowance for human error, mechanical failure, drought, etc. Nor does it define "excessive" or "peak periods" What protection is there against continual non- stop pumping? Rules and regulations to be imposed on the would be home owners are probably unenforcable or does not allow for capitulation by the town because of lawsuits or the fac~ that the property won't sell with such restrictions. We feel it encumbent upon this town and its Board of Trustees to guarantee continuing supply of non-salt water to the taxpayers of long standing. The means for doing this is simple. If as stated, it is not likely to occur, then the town should be willing to offer this guarantee. Either pose a bond as has been suggested, or if it occurs hook these people up to the pumping station without charge. We the under signed property ownere request your urgent attention to this matter. Regards, Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 16, 1988 Theodore Laoudis 226 Getty Avenue Patterson, NJ 0750'3 RE: Angel Shores SCTM g1000-88~6-1,4,5 Dear Mr. Laoudis: The following action was taken by the Southold Town Planning Board on Monday, August 15, 1988. The Planning Board reviewed the proposed Draft Environmental Impact Statement for the project'referenced above. It was determined that the document is incomplete, and therefore, unacceptable for public review and comments. Please correct the insufficiencies in the draft that are noted in the enclosed letters and memoranda from David Emilita, the Suffolk County Department of Health Services, the New York State Department of Environmental Conservation, and the Town Planner. If you hav~ any questions, please do not hesitate to contact this office. Enc: cc: Board of Trustees jt Suffolk County Dept. Health Services NYS DEC - Stony Brook & Albany David Emilita Moore & Moore, Esq. Charles Beckert TO: FROM: DATE: RE: Planning Board Valerie Scopaz, Town Planner August 15, 1988 Review of Angel Shores DEIS Page 1-1 Page 2-22 Page2-27 Page 2-33 Page 2-56 The DEIS states that the proposal is preserving much of the environmentally sensitive areas of the parcel. The layout proposed shows most of the open space as being contained in Section 2, which is not as environmentally sensitive as the area within Section 1. Is the~proposed plan indeed preserving as much of the environmentally sensitive areas as it could? Freshwater wetlands are under the jurisdiction of the NYSDEC. DEIS states that they are only under the jurisdiction of the Town. A map showing the exact location of the wells must be included to correctly identify the area to be protected as required by the Health Department. The water supply is provided for the use of 210 people at 84 units. This is 2.5 people per unit. Is this a realistic figure? How does this compare with the data on page 3-25, for 3 and 4 bedroom houses that is used to calculate potential'number of school age children that may be generated by this subdivision? The Archaeological Project concludes that the site is in a potentially sensitive area. They recommend that a Stage 1 analysis be performed. This needs to be done before the DEIS is deemed complete. The DEIS does ~6t discuss the traffic impact that will be caused by using the connector streets (Rambler Road, Little Peconic Bay Lane). The DEIS does not address the zone of influence of the proposed wells for the Cove and Angel Shores and their potential for impact on the adjoining private wells of lots in Cedar Beach (along Peconic Bay) and the subdivision next door~ What mitigation measures are proposed in the event these wells are impacted? Road access for Lots 29, 30, and 31 ~s over a private right-of-way. Each of these lots fronts on this private right-of-way. No evidence was presented as to whether the applicant has a legal right to use this right-of-way. SCDHS August 15, 1988 report Fin~ document incomplete David Emilita, SAI August 11, 1988 repor~ Fin~ document incomplete Joe Hall, DEC, July 19, 1988 report Asks for additional information Trustees July 27, 1988 report Stat~ that the Third alternative would be the best besides the no action alternative. Frank Panak, DEC-Stony Brook July 28, 1988 report Comments SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS & PLANNERS MEMORANDUM TO: FROM: RE: DATE: Southold Town Planning Board David~.Emilita, Szepatowski Associates, Angel Shores DEIS August 11, 1988 Inc. We have reviewed the DEIS for the Angel Shores subdivision proposal dated May 1988 and find that it is not acceptable for review due to the lack of information on the archaeological resources that may be present on the site. This was an item listed on the scoping checklist and the explanation of lack of information on pages 2 - 56 of the DEIS is not sufficient to' begin review of the draft. Three additional concerns arise that are basic to establishing'-- the overall yield of the project, initially in Section I. The first is an accurate depiction of mean high water on Peconic Bay for its entire frontage including the out parcel N/F Vanderbeek. An "approximate high waterline" is unacceptable. Land below mean high water cannot contribute to lot yield. Reference to the 1929 NGVD is a requirement for topographic flood analysis on this site. The'FEMA flood zones should also .be superimposed on all subdivision alternatives for flooding evaluation. Secondly, the area containing the water supply well, described as Lots 1 and 2 in the text, needs to be shown on the yield plan (Alternate II Sketch Plan). A site plan, the one shown on page 3b of Appendix A of the DEIS would be acceptable if drawn clearly, should be placed on the appropriat~ location on the subdivision plan. This would place the proper perspective on.the amount of land, structure, and site improvement being devoted to water supply in the subdivision. We do not note any action taken under SEQR for the community well or distribution system. This also needs to be included in the DEIS before it can be deemed complete. 23 Narragansett Ave. .Jamestown, RI 02835 (401) 423-0430 Thirdly, neither wetlands nor open water are calculable as contributing to yield, nor can these areas contribute to the minimum lot area required under zoning or subdivision control in Southold. Alternate II Sketch Plan, being the yield map, needs to be re-drawn with no wetlands or open water contributing to minimum lot area. We would advise the Board not to accept the submitted DEIS, but transmit these findings to the applicant and request that either a newly completed draft or an addendum be submitted containing the information requested above. We can then assess the submission for completion. We will wish to make substantive comments on the accepted DEIS. If Section'II is still intended to be a spoils deposition site for dredge material as stated in Trustees Application ~621, then this needs to be included in the DEIS. It was not mentioned in the submitted draft. Coordination with the Board of Trustees is needed on this point. If this is still contemplated, an additional scoping meeting will be needed to define the issues to be addressed in an expanded DEIS. We have been verbally advised by the applicant's engineer that spoils deposition has been abandoned but to dispel any confusion, a statement needs to be made for the record. SZEPATOwSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS & PLANNERS NEW YORK STATE DEPART~NT OF EN¥1£~'NMENTAL CONSERVA CE SPEED MEMO ' FOR UNOFFICIAL =SPONDENCE) DATE RETURNED: REPLY AT BOTTO~ OF THIS FORM TOWN OF SO~I1OLD Town tlall, 53095 Main Road P.O. Box 728 Southold, New York 11971 To: Bennett Orlowski, Jr., Chairman Southold Town Planning Board From: Frank A. Kujawski, Jr., President Town Trustees Re: Angel Shores & Marina Bay Club Date: July 27, 1988 MARINA BAY CLUB - Investigate providing a portion of the project for Marine Commercial and/or Fishing Industry consistent with State Grant of underwater land on the site. ANGEL SHORES - The Third alternative would be the best besides the no action alternative. KF New York State Department of Environmental Conservation Building 40--SUNY, Stony Brook, New York 11794 (516) 751-7900 Mr. Bennett Orlowski, Jr. Chairman Town of Southold Planning Board Southold, NY 3~9~1 R__E: DEIS for-~Angel Shores Dear Mr. Orlows~i: July 28, 1988 $OUTHOLD TOY.~N PI-ANNING Thomas C. Jorli Commissioner The natural resources staff of the Department of Environmental Conservation has reviewed the above referenced project and has the following comments. 1) It is incorrectly stated on pg. 2-22 that the two (2) · freshwater wetlands on the property are only under the jurisdiction of the So[ithold Trustees. Both wetlands appear on the department,s tentative freshwater wetland map for Suffolk Cottnty and consequently regulated by the State. Any development occurring within 100 ft. of the wetland boundary will require a permit from this agency. The developer ~hould contact the Bureal~ of Environmental Protection ~o arrange and bozndary delineation. for a field inspection 2) It appears that the northern wetland does not lie wholly within the open space as stated on pg. 3-5. The western boundary of this wetland extends ~nto lot #3 and the eastern boundary abuts lot #2. The 75 ft. undisttlrbed natural buffer discussed oil pg. 3-1 should be maintained around all wetlands. A temporary snow fence should be erected at the landward edge of the b~lffer to prevent intrusion of construction equipment and debris into the wetland. 3) There are ~1o species of endangered or threatened wildlife regulated by the department pursuant to 6NYCR'R' Part 182 on the project site. The two avian species of endangered wildlife nesting on the nearby beaches will not be affected by the project. The closest nesting site for the terns (Sterna antillarum) and plovers (Charadrius melo~us) is 2500 ft. east of the project. · Bennett Orlowski~ ~r. 5) Similarly, the nesting at Cedar Beach 3000 ft. affected· site for osprey (Pandion haliaecus) to the east, should not be On page 2-21, the applicant notes that white-tailed deer (Odocoilel~s virginianus) frequents tile site but is prest:med not to live oil the property. There is nc basis for th£8_ d_eterminatlon. The area may well provide habitat critical for maintenance of the local population. The department is concerned that oD%Il space is prcposed for the least environmentally sensitive 1~,~ cn ~he prcject site. Sectlon I lots near the po/ids and between the ~' ~ld~l wetlands should be removed to the opel1 space section 2 We reco~]mend *~ * · ~..a~ Lots ;2, =o and #17 be relocated. The developer shc'dl~ prepare all alternative providing preservatio~l of open space in Section i. FMF: rr cc: Paul Carella, FWL Joe Hall, DRA Lo~_~isa Harrison, SCDHS DEPARTMENT OF HEALTH COUNTY OF SUFFOLK PATRICK G. HAt. PIN SUFFOLK COUNTY EXECUTIVE DAVID HARRIS, M.D., M,P.H. CO~.~SS~ONE. August 15, 1988 Mr. Bennett Orlow~k~,"-C3~man Town of Southold-Planning Board 53095 Ma~n Road Southold, New York 11791 Dear Mr. Orlowski: The Suffolk County Department of Health - · the above-referenced DEIS =~,~ ~-'--~ £= ~ ~e .r~ces S~CDHS) has reviewed . . ~.~ ~ Lne aocument /~leter and therefore, inappropriate for the purposes of decision making. As w~ uDderstand it, the DEIS was suk~itted as part of the preliminary application, and may not hav~ received a Positiv~ Declaration pursuant to the State En%-ironmental Quality Review Act (SEQRA) . We believe the potential negative ernriror~ental impacts are of a sufficient magnitude to re.quire a positive determination of significance, and recommend such a determination if it has not yet been We are concerned primarily with the inability of the proposed action and alternatives to minimize potential adverse ehvironmental impacts, and adequately protect the site's most ensltlve natural ,fgatures. We also are concerned with the document,s assumptions about impacts on and mitigation measures to protect the site's resident and transitory wildlife. The specific concerns and recc~nendations of our department regarding the requirements of the Suffolk County Sanitary Cod~ *(SCSC) and our environmental review of the proposed action are provided below. I. SANITAR~ CODE A. SCDHS Jurisdiction and Article VI Appli~tion Statu:~ The SCDHS maintains jurisdiction over the final location of sanitary disposal and water supply distribution systems. The applicant, therefore, should not undertake the construction of or connection to .either system without Health Department approval. ~.~. Letter to Bennett Orlowski August 15, 1988 Page 2 Our agency has not received an application for realty development appro%-al as required by Article VI of the SCSC. It is impossible, therefore, to provide technical c~l,~nts regardLng the proposed action. Based on the 1/mlted information nrovided it confoxm to the ~-:~-- ' - = , =Fp=~ ~ pro]ec~ can ~=~uy requirements of t_he SCSC. We rec~,L~_nd, however, that the project sponsor submit a application to our agency's Bureau of Wastewater Management at the earliest possible date so a technical evaluation can be undertaken. The DEIS oontm~n~, limited information pertaining to the regulations and appzuval authority of the SCDHS. As an involved agency, we believe the omission of our requirements limits the opportunity for comprehensive assessment of the Overall action as directed by SEQRA. We encourage the Town to request specific discussion of the regulations and c<~91ianoe recf,~ ~ments of our agency and other involved agencies as part of the subject DEIS, and as part of the general scoping outline for future proposals in the Town. A brief discussion of required approvals is not sufficient for co~prehensive e%-aluation. II. NA_9/3RAL AI~ CULTURAL RESOURCES A. Design and Layout The detailed site plans provided ~th the document were helpful to our review. We believe, however, that the proposed action and develc~m~nt alternatives presented in the DEIS, do .not afford adequate protection of the site's natural resources. We object to the desired lot configuration because it prcvldes the greatest amount of contiguous open space protection for the site's ecologically least significant area. Wildlife Habitat As designed, the desired action will fragment the site's most significant upland habitat and eliminate a valuable wildlife corridor which extends from natural areas north of M~4n Bayview Road, across the site to the-Peconic Bay wetlands~- Field inspections by our.staff .indicate the presence of several "deer trails "between the site's wetlands which would be eliminated by the construction of kagoon Court and proposed lots in its vic/nity. . Wetlands and Slopes Several of the lots in Section I appear to contain steep slopes and natural drainage channels which may be subject to erosion as a result of clearing and development. We are encouraged that many of the steepest slopes surrounding w~tlands are proposed for conservation easement dedication. It is our opinion, however, that such easements are often diffi~.t to enforce and do not always assure adequate resource protection. Letter to Bennett Orlowski 15, 1988 Page 3 Waterfront Lots We object to the inclusion of low-lying beach areas within the .. desig~ated.prop~_rty, b~n ~daries. of- lots 20.. through. 23... ~uc-h ar~as, are highly dynamic and subject to coastal erosion hazards as a result of natural and mar~aade forces. Such erosion can result in extensive d~mage to property and natural resources. Inclusion of such areas within delineated property boundaries often encourages structural development, which may needlessly cc~xmand natural resource impacts and property loss due to coastal erosion. Rec~L,~ndations We believe 'the-proposed action should be redesigned to maximize ~esidential use ef the site's northeastern open space (Section II) and minimize development and habitat fragmentation of the site's western half (Section I). Absent the opportunity for complete reconfiguration, we believe that additional protection of the site's most sensitive natural areas could be achieved by excluding such areas frc~a within residential lot boun~ies. We recc~end, therefore, that at a rain/mum, all areas proposed for conservation easement (adjacent to slopes or wetlands) be excluded frcm proposed lot boundaries and included in the project's dedicated open space. In addition, we recommend that boundaries for lots 20 through 23 be redesigned to exclude ~reas seaward of the 6-foot contour line, and that lots 2,3, 10 & 11 be considered for r~. location in an effort to maintain the site's wildlife corridor. B. Existin~ Envlrorm~ntal Conditions Wildlife ' ' The document states that "the deer on-site probably don't live on the property" (p. 2-21). We disagree. The site provides abundant food, cover, and access to fr~sh'%rater. Although the site may se3rve ,as a single part of a larger hc~e range, we find no reason to suspect that deer would not breed on the subject property. In addition, the site's dense cover, southern exposure, abundant browse material, and well worn trails suggest that the site may be especially valuable during winter months when deer tend to congregate in desirable habitats. It should be pointed out that deer do not re~i~y leave chosen wintering areas.and can be stressed significantly by loss of wintering habitat. In addition, the conversion of chosen wintering habitat to residential development, without protection of sufficient natural vegetation, can present nuisancewildlif~ problems for property ownerswhose landscaping Plants areeatenbywinteringdeer. Vegetation The v~getation map provided in the document provides v~u~ble natural resource data and was helpful to our review. In addition to the species mentioned in the document, we wish to add that a small but dense stand of Letter to Bennett-Orlowski August 15, 1988 Page 4 conifers (primarily Norw ...... . northeastern ~rim~k-_~ .... ~3.?.p, ruce, Picea ab~es) exists a ~ ~,~u=~ u~ one s~e ~ ~+~ _~ ~ long the - "~~u z~t~ ~nd. ~ a~tion to ~s ~d's S~c ~, it P~s ~e site ~ ~ed diversity of wil~ife h~itat. Dense conifer st~ often P~ ~le ~t~ ~ for song b~ ~d ~y ~ 1~ razors ~ ~ ~ls. ~ n~e ~t lo~ ~si~ts have reposed the presence of ~ls ~ ~e ~ty of ~s p~y. C. ~ses~t of ~ro~t~ ~a~s Wil~ife ~ ~ ~ates ~t "~e ~jority of ~e bird s~cies presently using the site ~ ~te a~le ~d ~ tr~i~ ~sitors o~y" ~. 3- 4). ~ ~li~ ~s ~at~t ~s ~ifi~tion. ~though ~y of the song bir~ identified on-site are season~ly ~ato~, ~ ~j~ pr~y ~estion~ly pr~s si~fi~t b~g ~itat for a ~iety of ~es. ~e site's ~e ~r, ~ of f~t prong plus, ~d a~ss to f~sh ~ter provides si~ific~t bree~ng ~d ~t~g. habitat for bi~. ~rsion of ~s p~y to ~l~t wmll ~tu~ly el~ate ~ of ~e site's ~t~ ~si~ti~ and extirpate native birds which depend upon this ' , ~dersto~ Site s vegetative ~ties. ~st affe~ ~11 ~ ~y ~ea-s~siti~ ~cies ~ re~ire 1~ tra~s of l~d for t~ito~ e~li~t ~d b~g. ~ ~li~ ~e do~t's asses~t of fo~ ~d ~ a~l~ility the nearby ~a ~i~s cl~ifi~tion ~. 3-4). ~e ~t ~e~s ~t ~e p~s~ of ~it~le fo~ ~d C~r ~. nearby areas will reduce long- te~ ~pa~s to birds displaced from the s~ject property but d~s not a~ss ~t~ti~ ~s on b~g ~ities. ~e d~t ~o~d ~fle~ ~e fa~ ~t ~si~ti~ ~l~t ~11 eliminate- breeding oP~iti~s- for ~splaced species. Other ~ltats, regar~ess of avail~le food ~d corem, .acco~odate ~f~ te~itories of s~cies-t~es found on the s~ject property, ~d in all l~el~, ~ at ~eir ~t~ ~ ~pacities. We ~li~, ~e~fo~, ~t ~ "ne~,, ~eas are largely a~ted in their ~ility to accept additional individuals displaced from ~ ever-increasing n~er of ~l~t p o3e~s' Cultural Resources The document's information pertaining to the preliminary evaluation of the site's potential archeological significance is helpful to our assessment. We support the findings c>f-t~e Long Island Archeologlcal Project, which recommends a Stage I (reconnaissance and subsurface testing) evaluation of the subject property. We do not believe that further archeological reconna/ssance should be conducted after project app~ ["prior to construction,, (~.~.-23) ] . Stage I evaluations are co~,~nly requested as part of the DEIS pr~s and should be conducted prior to any approvals. Failure to conduct a more complete Letter to Bennett Orlowski August 15, 1988 Page 5 sur~ey prior to approval could result in otherwise avoidable delays and significant design alterations at the final stages of review or after p=eliminary approval. D. Alternatives No Action We believe Section I of the subject property contains numerous sensitive natural features including diverse wetlands, wildlife habitat c.o. rri..dors, steep slop.es, and, according to the D · likelihood of a~cheologlcal signlfiomn~ ~.~ = .... EIS, has the highest --~- ,,= ~ that the natural resources and possible cultural values of this portion of the site extend beyond the strict property boundaries, and may be significantly reduced by the desired action. We, therefore, would support public acquisition or significant dedication of this portion of the site. We encourage the Town to request that discussion of the no action alternative be expanded to explore public acquisition or dedication for preservation of Section I of the site. Such a discussion should address public benefits (i.e. parkland, beach access, open space, wildlife habitat protection, water quality benefits, etc. ), municipal and local interest, a_nd possible funding sources to be c~'~lete. Full Develot~nent The full dev~lo~_nt alternativ~ provides inadequate protection of the site's natural resources and offers.~no.mitigation to minimize potential environmental impacts associated with the proposed action. We find this alternative inco~'L~atible with the objectives of SEQRA and mnappropr~ate for the subject property. ' Cluster Devel olm~ent The proposed cluster alternative, in concept, partially addresses the type of development design which we believe would be most appropriate for this site. We do not believe, however, that the three lots proposed for relocation provide sufficient mitigation to minimize the most significant potential negativ~ environmental impacts associated with site dev~lofm~_nt' We encourage the applicant to consider inCreasing the number of lots to be relocated to Section II, including those outlined in 'the "Design and Layout" section of this letter. Absent the opportunity for acquisition, ~e' believe a clustered development design which axmmlzes use of the site's least sensitive upland can provide far more environmental impact protection than the desired action. E. Additional bfiti~ation ~easure.~ a~:I_n_ a.d.dition to the above-stated concerns, we recomm F~uanE ~ncorporate the followin~ addi~' ........ end th. at the ~ ~ m~gat~on measures into the design of the project. Such measures should be incorporated in~'an addendum to the DEIS and reviewed fully through appropriate SEQRA procedures. Letter to Bennet~t Orlowskl .... August 15, 1988 Page 6 1. A detailed landscaping plan which provides for the use of low- maintenance and native vegetation should be prepared by the applicant. Nativ~ species are well suited to on-site soils and can provide valuable mitigation for project-related impacts on natum--ul c~,~unities. 2. Ail stormwater should be m~ntained and recharged on site without any direct discharge to surface W~ters or wetlands. 3. Conditions of Open space deal/cation should state clearly that such areas are to remain in their undisturbed natural state and that no clearing, filling, grading or construction shall be permitted. We find the DEIS for the proposed action incomplete for the purpose of infora~=d decision making and encourage the Town to request information from the applicant which responds to the above-stated concerns of our department. We appreciate the oDDortunit~7 · to review this project, Should you have any questzons, please 'feel fre~ to contact the Office of Ecology at 548- 3060. RSD/amf Vito Minei, P.E. Stephen Costa, P.E. Charles Lind, SC Planning Department Charles Hamilton, NYSDEC George Stafford, NYSDOS Sincerely, R~bert S. DeLuca Biologist Louise W. Harrison Supervisor Bureau of Envirorm~ntal Management Office of Ecology FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 To: From: Re: Date: Bennett Orlowski, Jr., Chairman Southold Town Planning Board Frank A. Kujawski, Jr., President Town Trustees Angel Shores & Marina Bay Club July 27, 1988 MARINA BAY CLUB - Investigate providing a portion of the project for Marine Commercial and/or Fishing Industry consistent with State Grant of underwater land on the site. ANGEL SHORES - The Third alternative would be the best besides the no action alternative. KF FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOttN L. BEDNOSKI, JR. HENRY P. SbllTH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 To: Bennett Orlowski, Chairman Planning Board From: Town Trustees Re: Angel Shores D.E.I.S. Date: June 27, 1988 TELEPHONE (516) 765-1892 This office respectfully requests an additional 30 day extension, regarding the D.E.I.S. for the Angel Shores project, for the purpose of reviewing this document. FK:ip Southold, N.Y. 11971 (516) 765-1938 D June 23, 1988 Southold Town Trustees Town Hall Main Road Southold, New York 11971 Dear Trustee Members: Enclosed please find the proposed Draft Environmental Impact Statement for Angel Shores. Your determination is needed as to whether this document should be deemed complete and acceptable for review and public comment. Please notify this office by July 8th as to your position on whether the Planning Board, as lead agent, should accept this document. If a thirty day extension of time is needed for your determination, also inform this office by July 8th. You will be notified in writing of the Planning Board's decision, the acceptance date and the conclusion date of the comment period. CHAIRMAN jd WILLIAM O. MOORE PATRICIA C. MOORE MOOre & MOORE ATTORNEYS AT LAW {516) 298-5674 Southold Town Trustees Southold Town Hall Main Road Southold, N.Y. 11971 June 9, 1988 Re: Dredging Permit Applications/Cedar Beach,Southold Dear Town Trustees: We represent Mr. Theodore Laoudis who is'the project sponsor of the proposed subdivision known as Angel Shores. Mr. Laoudis has elected not to allow his property to be used for the deposit of spoils from the dredging proposed by the Cedar Beach property owners. If you have any questions, please do not hesitate to contact us. Vqry ~ ~r~ W~'~am~.Moore WDM/er cc: Theodore Laoudis Henderson & Bodwell Souuhold Town Planning Board Glenn Just DocId:060988.11 Ltd. [NVIRONMENTAL CONSULTANTS & PI_ANN[RS June 6, 1988 Mr. Bennett Orlowski Chairman Town of Southold Planning Board Main Road Southold, NY 11971 Re: Angel Shores Spoils Deposition Dear Ben, As per Val's request, we have reviewed the application before the Board of Trustees to deposit spoil on a portion of the site of the proposed Angel Shores subdivision. We find that the Planning Board should be an involved agency under SEQR for this action. We also recommend that the Board express its concern to the Trustees that although the project (dredge spoil deposition) is unlisted under SEQR, it would likely have a significant adverse environmental impact, and that a Positive Declaration should be issued by the Board of Trustees. I have relayed this information to Val and Melissa on have prepared a draft reply to the Trustees, attached. contact us if you need further information. 6 June and Please Sincerely, SZEPATOWSKI ASSOCIATES, David J.S. Emilita Principal Planner INC. DJSE/kb Enclosure 423-0430 June 6, 1988 Mr. Frank A. Kujawski Board of Trustees David J.S. Emilita RE: Application # 621 Cedar Beach Park We are writing to inform you that the pending application before the Trustees which includes spoils deposition on land of Theodore Laoudes requires coordination with another project by Mr. Laoudes on this same site. The other project, "Angel Shores", comprises some 29 building lots and 19.5 a acre open space reserve. It is also the subject of a pending EIS, which has been scoped but which has not included a spoils deposition option. Thus, while the Planning Board is Lead Agency on "Angel Shores", it wishes to be an Involved Agency on Application 621. The case vice versa would also be appropriate in our view. In its role as an Involved Agency, the Planning Board requests that the action before you, although unlisted under SEQR, is likely to have a significant adverse environmental impact, and that a Positive Declaration be prepared by your Board. We trust this information has been conveyed to you in time for your meeting of June 8. We are available for assistance at any time. Bennett Orlowski Southold, N.Y. 11971 (516) 765-1938 June 7, 1988 Frank Kujawski,Jr. President Board of Trudtees RE: Trustee Application 9621 Cedar Beach Park Association Angel Shores Subdivision Proposal SCTM ~1000-88-6-4,5 and 13.6 Dear Mr. Kujawski: The following action was taken by the $outhold Town Planning Board on Monday, June 6, 1988. RESOLVED that the Southold Town Planning Board make a recommendation to the Trustees regarding coordinated review of Trustees application No. 621. The Planning Board wishes to have a coordinated review of the portion of Application 9621 that pertains to the deposition of dredge spoil onto SCTM ~1000-88-6-4. The proposed location of the deposition of dredge spoil lies within the proposed subdivision of Angel Shores. The Planning Board, as lead agent determined that the project would have a significant effect on the environment on October 19, 1987. A scoping session was held on November 9th, 1987. To date, the Draft Environmental Impact Statement has not been submitted for review. At the time of the scoping session for the subdivision, no mention was made of the proposed use of a portion of the spoil itself is an unlisted action, but one that is likely to have a significant impact. Therefore, the Planning Board's recommendation is that a positve Declaration be made by the Trustees. This Board would then like to be involved in your review under SEQRA. Main Office: 120 EXPRESS STREET PLAINVIEW. NEW YORK 11803 e~l~~ CONSULTING ENGINEERS RLJSSEL JOHN J ~~-~ STEVEN L SAMET HALL CLARKE JAMES DELAND ASSOCIATES: PALJL H ULATOWSKI ROBERT B MEREDITH HENDERSON AND BODWELL 120 EXPRESS STREET, PLAINVIEW, NEW YORK 11803 March 18, 1988 516-935 8870 NY FAX: 516-935-8760 N.J FAX: 201-563-1169 OH FAX: 513-398-8611 iL FAX: 312-834 0329 Mr. John M. Bredemeyer, III President Board of Town Trustees Town of Southold 53095 Main Road Southold, New York 11971 Re: ~ngel Shores Dear John: Enclosed please find three (3) coFies of the Preliminary Plan for Angel Shores as revised on March 16, 1988. In response to your corresponSence of February 19, 1988 the area of Tidal Wetlands on Lot 19 has been re-flagged, surveyed, and added to the Map. In addition, the Freshwater Wetland Areas have been surveyed and included on the Preliminary Plan. I would like to reiterate our client's intent to respect the 75 foot setback from these wetland lines. I trust that the enclosed plans satisfy your requests during our field inspection of 2-17-88 and your subsequent correspondence on 2-19-88. If you need additional copies of this plan or have any comments, please don't hesitate to contact me. Very truly yours, Charles tR. Beckert, R.L.A. CRB:hw cc: R.S. Bodwell T. Laoudis Melissa Spire/Planning Board D. Emilita/Szepatowski Assoc. W. Moore w/Enc. w/Enc. w/Enc. W4A-48 3:88 Branch Offices: ORLANDO, FLORIDA ELMHURST, ILLINOIS SOMERSET, NEW JERSEY MASON, OHIO Main Office: 120 EXPRESS STREET PLAINVIEW, NEW YORK 11803 CONSULTING ENGINEERS Partiers?'~l/ I,~/'~ ~ RUS~JELE S JOHNJ PRICE STEVEN L. SAMET HALL CLARKE JAMES DELAND ASSOCIATES: PAULH ULATOWSKI ROBERTB MEREDITH HENDERSON AND BODWELL 120 EXPRESS STREET, PLAINVIEW, NEW YORK 11803 February 26, 1988 Mr. John M. Bredemeyer, President Board of Town Trustees Town of Southold 53095 Main Road Southold, NY 11971 III 516-935 8870 N.Y. FAX: 516-935-8760 NJ. FAX: 201 563-1169 OH FAX: 513-398 8611 IL FAX: 312-834-0329 Re: Angel Shores Dear John, In regard to the closing comment of your February 19,1988 letter, I wish to clarify several issues. First, I would like to point out that the standard single family sanitary system design, as per the Suffolk County Health Department, requires that the final disposal pool be set a minimum of two feet above the water table. Based upon test well data performed on the site, the clay barrier separating the fresh water lense from the salt water is some fifty feet be]ow the top of the water table. Therefore, it would be impossible for the sanitary system installation to break through the clay barrier and allow salt water intrusion. In addition, the flow of the groundwater on this site is from the north to the south. Therefore, any sanitary effluent from Lots 10-12 would flow away from the public wells. The Suffolk County Health Department has also required us to employ a 200 foot radius, sanitary disposal restriction around the community water plant. This restriction means that there can be no subsurface discharge of either sanitary effluent or storm drainage within this zone. Based upon past experience, our firm believes that a communal sewage system would concentrate nitrogen loading over a much smaller discharge zone, which could prove to be more of a threat to neighboring wells than if an individual sanitary system was employed on each of the proposed lots. Additionally, the Suffolk County Health Department tends to frown on such communal sanitary systems because the problem of maintenance always arises. HENDERSON AND BODWELL DATE: FEBRUARY 26, 1988 PAGE: 2 OF 2 TO: JOHN M. ~REDEMEYER, III, PRESIDENT, BOARD OF TOWN TRUSTEES, TOWN OF SOUTHOLD RE: ANGEL SHORES It is their contention that an individual sanitary system with an individual owner is much easier to deal with than being involved in tracking down and dealing with a Homeowner's Association. I trust this letter will help to alleviate your concerDs. If you have any questions, or comments in regard to this matter~ plesse do not hesitate to call me. Very truly yours, Charles R. Beckert, R.L.A. CRB/jw cc: M. Spiro/Planning Board W. Moore T. Laoudis R. S. Bodwell 4A-4-2/88 ELMHURST, ILLINOIS SOMERSET, NEW JERSEY MASON, OHIO Main Office: ~ 20 EXPRESS STREET PLAINVIEW, NEW YO~K 1 ~803 CONSULTING ENGINEERS RUSSELL S BODWELL JOHN J PRICE STEVEN L SAMET HALL CLARKE JAMES DELAND ASSOCIATES PAUL H ULATOWSKI ROBERT B MEREDITH HENDERSON AND BODWELL 120 EXPRESS STREET, PLAINVlEW, NEW YORK 11803 February 26, 1988 516 935-8870 NY FAX: 516 935-8760 NJ FAX: 201-563-1169 OH FAX: 513-398 8611 IL FAX: 312-834-0329 Mr. John M. Hredemeyer, President Board of Town Trustees Town of Southold 53095 Main Road Southold, NY 11971 III Re: Angel Shores Dear John, In regard to the closing comment of your February 19,1988 letter, I wish to clarify several issues. First, I would like to point out that the standard single family sanitary system design, as per the Suffolk County Health Department, requires that the final disposal pool be set a minimum of two feet above the water table. Based upon test well data performed on the site, the clay barrier separating the fresh water lense from the salt water is some fifty feet below the top of the water table. Therefore, it would be impossible for the sanitary system installation to break through the clay barrier and allow salt water intrusion. In addition, the flow of the groundwater on this site is from the north to the south. Therefore, any sanitary effluent from Lots 10-12 would flow away from the public wells. The Suffolk County Health Department has also required us to employ a 200 foot radius, sanitary disposal restriction around the community water plant. This restriction means that there can be no subsurface discharge of either sanitary effluent or storm drainage within this zone. Based upon past experience, our firm believes that a communal sewage system would concentrate nitrogen loading over a much smaller discharge zone, which could prove to be more of a threat to neighboring wells than if an individual sanitary system was employed on each of the proposed lots. Additionally, the Suffolk County Health Department tends to frown on such communal sanitary systems because the problem HENDERSON AND BODWELL DATE: PAGE: TO: JOHN M. BREDEMEYER, III, PRESIDENT, TRUSTEES, TOWN OF SOUTHOLD RE: ANGEL SHORES FEBRUARY 25, 1988 2 OF 2 BOARD OF TOWN It is their contention that an individual sanitary system with an individual owner is much easier to deal with than being involved in tracking down and dealing with a Homeowner's Association. I trust this letter will help to alleviate your concerns. If you have any questions, or comments in regard to this matter, please do not hesitate to call me. Very truly yours, Charles R. Beckert, R.L.A. CRB/jw cc: M. Spiro/PleDning Board W. Moore T. Laoudis R. S. Bodwell 4A-4-2/88 - /7 Branch Offices: ORLANDO, FLORIDA ELMRURST, ILLINOIS SOMERSET, NEW JERSEY MASON, OHIO Main Office: 120 EXPRESS STREET PLAINVIEW, NEW YORK 11803 CONSULTING ENGINEERS JOHN J PRICE ,' STEVEN L. SAMET ....... : ':' HALL CLARKE JAMES DELAND ASSOCIATES: PAUL H. ULATOWSKI ROBERT B MEREDITH HENDERSON AND BODWELL 120 EXPRESS STREET, PLAINVIEW, NEW YORK 11803 February 9, 1988 51 6-935-8870 N.Y. FAX: 51 6-935-8760 N.J, FAX: 201-563-1169 OH FAX: 513-398-8611 IL FAX: 312-834-0329 Ms. I]ene pfifferling Clerk to Board of TrusteeS Town of Southold 53095 Main Road Southol~, NY 11971 Be: Angle Shores Tidal Wetland Line Dear Ms. pfifferling: Enclosed please find five (5) copies of the Proposed Preliminary Plan for Angel ShoreS, as you requested. The Tidal Wetland Limits shown on the Plan are as delineated by Mr. Joseph Enrico of the N.Y.S.D.E.C. on January 29, 1988 and located by our surveyors on that day, and February 2, 1988. I trust that this is sufficient for initial review. I look forward to meeting with the TrusteeS on February 17, 1988. If you have any questions, please do not hesitate to call. Very truly yours, Charles R. Beckert CRB/jw Encl. cc: J. Enrico W. Moore R. S. Bodwell 3A-21-2/88 HENRY P. SMITH JOHN M. BREDEMEYER, III, President John Bednoski, Jr. ALBERT KRUPSKI, JR., Vice-President BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (5161 765-1892 To: From: Re: Date: Mr. Charles R. Beckert, R.L.A. ~ ':. John M. Bredemeyer, III, Pres., SoutholdT~rustees Field Inspection for undated Henderson & Bodwell survey of "Preliminary Plan of Angel Shores, Section I & II, received by Trustees 2-11-88".- February 19, 1988 This is to confirm our field inspection of 2-17-88 wherein we agreed in principal to the N;Y;S. D.E.C. Tidal Wetlands Line as presented with the following additions: 1. 'Please restake and survey those Tidal Wetlands on Lot no. 19 which we iB,elieve are in our jurisdiction so that we may confirm them for their planned protection. 2. ·Should any change occur to the open space areas south of Lot no. 8, we may request a similar review as above. 3. Please survey your staked Freshwater Wetland areas of concern which we will confirm .and nominate for inclusion on the N.Y.S.D.E.G. Freshwater Wetlands map. One closing comment which comes to mind as I look at your map is this: Do you not risk Salt Water intrusion for your pnblic water supply with sanitary system installations breaking clay barriers on Lots 10 thru 127 Would not this area be better set aside for a Wildlife Corridor contiguous with the pond as well as water shed protection? I seriously doubt if test wells could fully describe possible clay piping in what I suspect is a Hydro-geologically diverse area. Would not a more remotely located communal sewage ~ystem better serve this section given the potentially large demands for this multiple use well site and its proximity to high qnality wetlands? Additionally, such protection would permit the White-tailed deer herd in the area greater use of the conservafion areas for the enjoyment of the residents. [Hopefully not their automobiles! CC: Melisga Spiro/Planning Board Moore & Moore, Attorneys HENRY P. SMITH JOHN M. BREDEMEYER , III, President John Bednoski, Ji~. ALBERT KRUPSKI, JR., Vice-President TELEPHONE (516) 765q892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 February 2~ 1988 Mr. Charles R. Beckert tlenderson and Bodwell 120 Express Street Plainview, New York 11803 Re: Angel Shores Main Bayview Road, Southold Dear Mr. Beckert: This letter is to confirm our conversation of February 1, i988 regarding the above captioned matter. Please be advised that February 17, I988, 9:15 a.m. is the date and time that the Board will meet you on the site for inspection. Kindly forward five maps of the proposal for the Board to review. Thank you for your cooperation in this matter. We look forward to meeting with you on the 17th. Very truly yours, Ilene Pfifferling Clerk to Board of Trustees cc: Valerie Scopaz, Town Planner file SCM ' ~ ~ ~ JOHN J PRICE MASON, OHIO ~e~ ~~ HALL CLARKE PLA NVIEW, NEW YORK 11803 ~' ~ ~~-- PAUL H. ULATOWSKI ~00~' ROBERT B MEREDITH CONSULTING ENGINEERS HENDERSON AND BODWELL 120 EXPRESS STREET, PLAINVIEW, NEW YORK 11803 516-935-8870 N.Y. FAX: 516-935-8760 N.J. FAX: 201-563-1169 OH FAX: 513-398-8611 IL FAX: 312-834-0329 January 7, 1988 New York State D.E.C. State University of New York, Building 40 Stony Brook, NY 11794 Attention: Mr. Joseph Enrico Re: Angel Shores Wetlands Dear Mr. Enrico: This letter is to confirm our conversation of January 6, 1988 relating to the Angel Shores project, located on Main Bayview Road, Town of Southold, Suffolk County, New York. It is my understanding that at your earliest convenience, you will meet me at the project site to establish the limits of the Tidal Wetlands. Attached please find a copy of the Preliminary Plan for the subject parcel, which includes a Key Map for your use in locating the site. Note that the wetland limits shown on the enclosed Plan were taken, from the best of my knowledge, from the Tidal Wetland Maps and were not established on-site. I will make every effort to have our survey crew present to locate the wetland boundary that is established. In this regard, it would be appreciated, that several days lead-time be given to me as to the date and time of the inspection. HENDERSON AND BODWELL DATE: JANUARY 7, 2987 PAGE: 2 OF 2 TO: JOSEPH ENRICO, NEW YORK STATE D.E.C. RE: ANGEL SHORES WETLANDS I appreciate your cooperation on this project and look forward to our on-site meeting. If you have any questions or need any additional information, please do not hesitate to call me at the above number. CRB/jw Encl. cc: Very truly yours, Charles R. Beckert R. S.Bodwell T. Laoudis C. Hamilton/NYS DEC D. Schultze/Southold Planning Board Secretary H. Smith/President Southold Trustees~/ V. Scopaz/Southold Town Planner D. Emilita/Szepatowski Associates 1A-22-1/88 FROM: L//~, . TO: . Dear John, CHARLIE BECKER- John M. Bredemeyer, III February 29, 1988 Please accept our apologies for the deletion of the last line of our letter dated February 26th re: Angel Shores. Apparently, a malfunction of our printer, caused the last line to be deleted. Attached is a corrected letter. Sincerely, Charlie \ }~ / / I ~ /~ ~ , /do Z 0C.4 TIOA/,4d~~ NOTES' \~' /%0 CONTOUR LINES ARE REFERENCED TO APPROX. MEAN :SEA LEVEL DATUM. TOTAL AREA 92.74 SECTION 1 - 42.8 + AC SECTION 2 - 49.9 T AC -- 3. NUMBER OF LOTS - 53 4. LOTS DIMENSIONS AND AREAS ARE APPRoxIMATE 5. SCHOOL DISTRICT NO. 5 6. TAX MAP 1000-88-06-1, 4 & 5 7. ZONED 'A' RESIDENTIAL - MINIMUM 40,000 S.F. LOTS CLUSTERED 8. SANITARY DISPosAL - INDIvIDuAL SEPTIC TANKS AND LEACHING POOLS "' 9. WATER SUPPLY AND SANITARY DISPosAL SHALL COMPLY WITH SUFFOLK COUNTY HEALTH DEPARTMENT STANDARDS AND REGuLATIoNS 10. LOTS 1 & 2 ARE PROPosED WELL SITE - SHOULD WELL NOT BE REQUIRED LOTS TO BE DEVELOPED 11. LAND WITHIN CONsERvATIoN EASEMENT TO REMAIN NATURAL CONS TOTA CONS (85. TOTAL AREA ROADS REMAINING OPEN SPACE SECT. I 1 SE CT. 2 1 3 ERVATIoN EAS L OPEN SPACE ERVATION EAS 6_+Ac..~ 39.1 92.74Ac. 7. l+_Ac. 85.6+Ac. 3.3+Ac. 9.5_+Ac. 2.8_+Ac. EHENT 6.3Ac. AND EMENT 39.1Ac. Ac. : 45.7%) /X /) //!/I / /~: T)"PIO,4L PZOTPL.4A/ \__ ~'c.d~ ~'.' / ';-/oo ' P, eE~/M/AI, ZlPY PLzIAI