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HomeMy WebLinkAboutRentschler, SusanFEB-li-200g 18:3B FROM:JMO CONSULTING T0:?~5664! J.M.O. Environmmntal Consulting Services P.8 February 9, 2009 Mr. James King, President Board of Town Trustees Town of Southold P.O. Box1179 Southold, NY 11971-1179 RE: Rentschler, Private road, no #, Fishers Island S.C.T.M.No. 1000=008-1-6.6 Dear Mr. King: At the present time, we wish to withdraw the application which we had submitted for this property. Please feel free to contact our office with any questions. arh Sincerely, Phone (6al)6,5;3-0607 · Fax (631) 65,3-3348 121 Jessup Ave, 2nd Floor · Re, Box 447 Quogue, New York 11959-0447 FEB-ii-8009 12:58 FROM:$MO CONSULTING 6553548 T0:7656641 P.1 J.M.O. Environmental Consulting Services Phone (63 I) 653-0607 · Fax (63 I) 6S3-3348 121 Jessup Ave · 2nd Floor. P.O. Box 447 C~uogue, NewYork 11959-0447 FAX COVER SHEET Attention: Fax Number: ~'~ ~" ~ Number of Pages Including Cover: FROM: RE: MESSAGE: ff you do not receive the correct number of pages, please cell out office as soon as possible. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John ltolzapfel BO ES TOWN OF SO,OLD Southold Town Board o~T~Ustees Field Inspection/Workses~iof~ RePort Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 Date/Time: Name of Applicant: Name of Agent: ~ M [~ 00td5 Property Location: SCTM# & Street Brief Description of proposed action: Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Front Bay Front Distance of proposed work to edge of above: Pa~t of Town Cj?de proposed_,~vork falls under: ~,/Chapt.97 t," Chapt. 37 ~other / Type of Application: o/Wetland '_~oastal ErosiOn Amendment Administrative Emergency Info needed: /,t-t.c e,/./. Modifications: Conditions: -P3esent Were: (J.King ~J.Doherty P.Dickerson Other: _/~ q'~- ~,~ 0 ~D. BergenJ.Holzapfel Mailed/Faxed to: Date: PATRICIA CMOORE Attomey at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 August 23, 2006 Board of Trustees Town of Southold Main Road PO Box 1179 Southold NY 11971 RE: RENTSCHLER SCTM: 1000-8-1-6.6 Dear Sir or Madam: Please be advised that I am representing Fishers Island Development Corp., Peter Brinkerhoff, the Henry L. Feguson Museum and Robert Miller with regard to the hearing being held this evening. Kindly mark your files accordingly. yours, ~--~atricia C. Moore PCM/bp Telephone (631) 765-1892 Town Hall 53095 Route 25 P.O. Box t 179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., August 16, 2006, the following recommendation was made: Moved by Jack McGreevy, seconded by James Eckert, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Wetland Permit application and Coastal Erosion Permit application of SUSAN S. R£NTCHL£R to excavate and re-grade area landward of the crest of the bluff and remove +/-6,000 cy. of sand. Located: Private Rd., Fishers Island. SCTM#8-1-6.6 Inspected by: Jack McGreevy, Peter Young, James Eckert The CAC recommends Disapproval of the application because the project would cause erosion of the bluff, have a negative impact on the wildlife, and is located within the Coastal Erosion Hazard Area. Vote of Council: Ayes: All Motion Carried Rentchler private road, no # Fishers Island 0.2 0.4 0,6 0.8 __Coastal Erosion Permit Application __Wetland Permit Application __ Administrative Permit Amendment/Transfer/Extension Received Application: Received Fee:$ ___Completed Application __.Incomplete __SEQRA Classification: Type I___Type 1I Unlisted __Coontination:(date sent) ~_CAC Referral Sent: _~Date of Inspection: ___Receipt of CAC Report:. __Lead Agency Determination: __Technical Review: __Public Hearing Held: Resolution: Name of Applicant SI k._R.6~lFx, c~ "~¢x~-C~"~,-~f- Suffolk County Tax Map Number: 1000 - C'~)~- ~-- (o, fO Property Location.~W,x('~3Cc~ CE)a~ , (provide LILCO Pole #, distance to cross streets, and location) AGENT:/~.~r3~ Of applica'~ie) Address.'~. k.~c "~.~ Board of Trustees Application GENERAL DATA Area Zoning: Previous use of property: Intended use of property: Prior permits/approvals for site improvements: Agency Date JNo prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspend~_by a governmental agency? ,," No Yes If yes, provide explanation: Project Description (use attachments if necessary): ~S~ I.~ C° vx4 Board of Trustees Apl~lication WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: "~ocr'o~ v~q Area of wetlands on lot: ~r square feet Percent coverage of lot: % Closest distance between nearest existing structure and upland edge of wetlands: ~ ~ feet Closest distance between nearest proposed structure and upland edge of wetlands: '~' ~OC) feet Does the project involve excavation or filling? No L// Yes If yes, how much material will be excavated?~!lOO cubic yards How much material will be filled? ,e~ cubic yards Depth of which material will be removed or deposited: {p feet Proposed slope throughout the area of operations: ~ ~ '~ Manner in which material will be removed or deposited:~-~4a~t ~_ Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: ~c-~ ~. ~3 Are wetlands present within 100 feet of the proposed activity?. No L~ Yes Does the project involve excavation or filling? No ~ Yes If Yes, how much material will be excavated?~ ~_;100 (cubic yards) How much material will be filled? ~ (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) Rentchler private road, no # Fishers Island O~ 0,2 0.4 0.6 0.8 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: James King, President Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: August 22, 2006 ,~uUo Re: Request for Wetland Permit for Susan S. Rentchler SCTM#1000-8-1-6.6 J.M.O. Environmental Consulting, Inc. on behalf of SUSAN S. RENTCHLER requests a Wetland Permit & Coastal Erosion Permit to excavate and re-grade area landward of the crest of the bluffand remove +/-6,000 cy. of sand. Located: Private Rd., Fishers Island. SCTM#8-1-6.6 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. THE TOP OF BLUFF LINE DOES NOT APPEAR TO BE CORRECT. The action involves the excavation of a vegetated bluff and/dune ecosystem which is inconsistent with the following policy. There is no ability for the proposed action to further or meet the policy. 4.2 Protect and restore natural protective features. Natural protective geologic features provide valuable protection and should be protected, restored and enhanced. Destruction or degradation of these features should be discouraged or prohibited. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. Maximize the protective capabilities of natural protective features by: 1. avoiding alteration or interference with shorelines in a natural condition 2. enhancing existing natural protective features using practical vegetative approaches to stabilize natural shoreline features managing activities to limit damage to, or reverse damage which has diminished, the protective capacities of the natural shoreline providing relevant signage or other educational or interpretive material to increase public awareness of the importance of natural protective features Minimize interference with natural coastal processes by: 1. providing for natural supply and movement of unconsolidated materials and for water and wind transport 2. limiting intrusion of structures into coastal waters Limited interference is to be mitigated to ensure that there is no adverse impact to adjacent property, to natural coastal processes and natural resources, and, if undertaken by a private property owner, does not incur significant direct or indirect public costs. Furthermore~ the proposed action is not a permitted action under Chapter 111-13 and 111-14 of the Town of Southold Town Code which prohibits excavatinll, I!radlno or mining of soil within Dune or Bluff areas. CC: Shawn Kiernan, New York Department of State, Division of Coastal Resources JUL 5 ~¢"~ Office Use Only ~."Coastal Erosion Permit Application ~etland Permit Application Administrative Permit __Amendment/Transfer/Extension ~ C~-~ 4[eceivedApplication: ?[~(.~o ff~,~(~ '~eceived Fee:$ (~123 ( ~ O ~Comv~ete~ Apvlication '1 !~1OI, __Incomplete __SEQRA Classification: Type I Type II__Unlisted Coordinafion:(date sent) _ .CACSent: '3 ~--~Date of Inspection: ~[[l~ Receipt of CAC Report: __Lead Agency Determination: Technical Review: ~--Pnblie Hearing Held:~:j..~__ Resolution: Name of Applicant ~, k.~tglfX. C~, ~--'-~X~C¥~ff Suffolk County Tax Map Number: 1000 - ~I~- ~.- ~,o, {0 Property Locafion.'YRNC~.~t.e~ C1Do~ . ~CO ~ (provide LILCO Pole #, distance to cross s~eem, ~d location) (If applicable) ~oard of Trustees Applicati~ Land Area (in square feet): Area Zoning: Previous use of property: ~ Intended use of property: GENERAL DATA Prior permits/approvals for site improvements: Agency Date No prior permits/approvals for site improvements. Has any permWapproval ever been revoked or suspended_by a governmental agency? ~No Yes Ifyes, provide explanation: Project Description (use attachments if necessary): Area of wetlands on lot: ~ square feet Percent coverage of lot: % Closest distance between nearest existing structure and upland edge of wetlands: ~ 5OD feet Closest distance between nearest proposed structure and upland edge of wetlands: '~ ~OO feet Does the project involve excavation or filling? No k~ Yes If yes, how much material will be excavated?~r (v!}00 cubic yards How much material will be filled? ,~ cubic yards Depth of which material will be removed or deposited: (,o feet Proposed slope throughout the area of operations: ~ } '~ Manner in which material will be removed or deposited:~~_ Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): ~oa~d o~ Trustees COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Are wetlands present within 100 feet of the proposed activity? No t//Yes Does the project involve excavation or filling? No ~ Yes If Yes, how much material will be excavated?~4 ~:100 (cubic yards) How much material will be filled? ~f (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SART I - PROJECT INFORMATION (To be comprsted by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Susan S. Rantehl~r Proposed excavation and regrading 3. PROJECT LOCATION: Mu.i~'i,nal~ Fishers T~land Coun~ Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent ~andmarks, etc., or provide map) private mad, no # S.C.T.M.No. 10004)08-1-6.6 5. PROPOSED ACTION IS: [] New [] Expansion [] ModificatiorJa!temtion 6. DESCRIBE PROJECT BRIEFLY; Applicant proposes to excavate and regrade area landward of thc crest of the bluff and remove approximately 6,100 cy of sand, 7. AMOUNT OF LAND AFFECTED: Initially 9, ac~es Ultimately 0 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe bdefly 9. WHAT iS PRESENT LAND USE IN VICINITY OF pROJECT? Desc~[~e:Residentia, []Industrial ['-]Commercial Single family dwellings [] Agriculture [] Park/Forest/Opan Space [] Other 10. 11. DOES ACTION INVOLVE A PERMiT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] No If Yes, list agency(s) narr~ and permit/approvals: Yes Southold Town Trustees DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and parmit/approvals: t2. AS A RESULT OF PROPOSED ACTION WiLL EXISTING PERMiTIAPPROvAL REQUIRE MODIFICATION? []Yes []No ) ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE~ Signature: If the action is in the Coastal and you are a OVER 1 complete the assessment Environmental Consulting Services November 20, 2006 Mrs. Lauren Standish Board Of Town Trustees Town Of Southold P.O. Box 1179 Southold, N.Y. 11971-1179 Re: Rentschler, Private Road, no #, Fishers Island S.C.T.M.No. 1000-008-1-6.6 Dear Mrs. Standish: I am enclosing for your files the "Proof of Mailing Of Notice" for this project as well as the receipts from the Post Office from the mailings. Sincelely~ / / Pi-,one (6,3 i'~ 6534)607 · Fax (x.,~ ~-, ,,~,, ~ ,, 653-3348 121 Jessup Ave · 2nd Fioor ,~ P,O, Box 447 Quog',J¢~, Ney,, York 11959-0447 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: STATE OF NEW YORK COUNTY OF' SUFFOLK (~.~x ~. "~-~c.~- ,; , residing at [5~\ ~.S~ct,, · ~OeO~ ~tq, I k~ -~. , being duly sworn, deposes and~says that on the [tDJt~x'4 day of~, 20~, deponent mailed a tme copy of the Notice set forth in the Board of--l)mste6s Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at lQ'), or.uuo t 1~3"~"{' , that said Notice.4 w~re mailed to each/of said persons by James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southo]d, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of .............. COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, G~O--t-w~ E- '~-~ , residing at being duly sw~m, ~n~'say: That on th~...day ofl~u~j~t~ 200{~, I personally posted the property known as by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Dated: (~ignature) Sworn to before me,this day of(~. 200 ~o Iqotary Public I 11111 Il llll II III II EQ 745725701 US Iq.qb $ Customer CoPY Label ~I-B, Ma~ch 2004 1o Addres,~e Delivery Attempt [] PM Federal Agency Acer NO. or P~tal Service Acct. NO. PROOF OF MAll,lNG OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: STATE OF NEW YORK COUNTY OF SUFFOLK Cc~o~¢,~x.'~ ~ , residing at I~-t ~'-~t~:~ ~Oqg~.~ (0s.~ ~. 9.9 l-~, , being duly sworn, deposes and says that on the ~ day 0f ~,~, 200,~,, deponent mailed a true copy of the Notice set forth in the Board 6f..I~stees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post by Office at (certified) '[r~.~re~l5 mail. , that said Notices .were~mailed. to each of said persons Sworn to,~before/ne this Day of~, Notary l~ubli~- -- 06/16/2885 12: 4? 5317887189 UTILITY O0 TO: V88V-¢98 PAGE 82 P,5 (wl~m lb~ applicant is not th~ (p~t owner of property) (n~ilina addam) Sou~bold ~ of Town Tn~ene on my bei~df. ~s ai~atum) - JL~q-I$-BI~ i~:01 FROM:JM~ C~LTING UTILITY PAGE 04 Coon~ of Suffolk Stat~ of N~v York O~sEs k~D ~ TNAT ~ ~$ TH~ AP~ ~OR THE ABOVl/ DF~CI~BED PERMIT(S) AND THAT A~'J_. STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER IO~IOWLEDGE AND BELn~v. AND THAT ALL WOR~. W~[.L 'BE DONE IN THE 1M{ANNER ,SBT FORTH IN THIS APPLICATION AND A,~ ]d~A.Y BE APPROWt~u BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AORBF.,S TO HOLD TH~ TOWN OF SOUTHOLD AND THE TOWN TRUSTEE~ HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING i,ti~DER OR BY VIRTI~ OF ~ P~PJdlT(S). IF ORA_NTI~. IN COMPLI~TD~G THIS APPLICATION, 1 HEREBY AUTHOR/Zi/TH]~ TRU$'fF, ES, Tla~. AGENT(S) OR RP...PRE8ENTATIVES(S), TO LqCTER ONTO MY PROPERTY TO INSPECT THE P~$ XN CONJUNCTION WITH REVIF..W OF THIS APPLICATION. SWORN TO BEFORE ME TH~S ROXANNE SPAULDING NOTARY PUBLIC. STATE OF NEW YORK No, 01SPfll l,qg4~. 06/16/2006 i2:47 6317887109 ~UN-15~E~ 15:81 F~0~:JlqO C~TING F I UTILITY O0 ]: 78899g8 PAGE 83 ~PTLiC ANTIA~f T/B.IIII~ NTAT1V~ TRANSAt;eiONAI, ~ itOILM N/d,~.OF ~lCAllOld: (Chotk oll {lul SMdy.) ~eludiuj i,p.~ h ~dlik-h d-- 'lo~t ~ob et anldOYg; hi. ever a ]arid owtlflMP d (~ e[~ bY) i ~ J.M.O. Environmental Consulting Services July 2, 2006 Mrs. Lauren Standish Board Of Town Trustees Town Of Southold P.O. Box 1179 Southold, N.Y. 11971-1179 Re: Properties of Rentchler and NOL, LLC., Fishers Island Dear Lauren: As a follow up to our recent discussion regarding Fishers Island projects I am enclosing for the Board's review copies of partial applications of Island projects that I am working on. I was hoping that they may be included in the Trustee's next inspection trip to Fishers Island. Please let me know if you have any questions. Phone (631) 653-0607 · Fax (631) 653-3348 121 Jessup Ave * 2nd Floor · P.O, Box 447 Quogue, New York 11959-0447 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including BuiMing Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following pheas: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION scT xzcx.q_- x The Application has been submitted to (check appropriate response): Town Board [-~ Planning Dept. [] Building Dept. ~-~ Board of Trustees ~ Category of Town of Southold agency, action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [-~ construction, planning activity, agency regulation, land transaction) [-~ (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location ofaction:c~baa4e,_ c'c~o~L r,co ~: :E',-ag,,,..x Site acreage: .~.O~ CtCc-e_~ Present zoning classification: '~- 1-.30 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: C.~Lg~,~. ,..~-~-~'~¥hl~f~ (b) Mailing address: (c) Telephone number: Area Code ( ) (d) Application number if any: ~ Will the action be directly undertaken, E~t_~utre funding, or ~.~pmval by _a state o~r federal agency? Yes ~ No [~ If yes, which state or federal agency? D¢'{,5~ C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. Sec LWRP Section III - Policies; Page 2 for evaluation criteria. ~.Yes [] No [--] Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section II1 - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes [] No ~-~ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. MinimiT~ loss of life, structures, and natural resources from flooding and erosion. See LWRP Section II1 - Policies Pages 8 through 16 for evaluation criteria ~ Yes [] No ~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Suathold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes [] No ~Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section HI - Policies; Pages 22 through 32 for evaluation criteria. Yes [] No ~-~ Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air qnality in the Town of Southold. See LWRP Section II1 - Policies Pages 32 through 34 for evaluation criteria. Attach additional sheets if necessary Policy 8. Minimize environmelltol degradation in Town of Southold from solid waste and haTs~rdou~ substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No ~/Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation eJ Ir-m No [] Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in S~yble locations. See LWRP Section HI - Policies; Pages 47 through 56 for evaluation criteria. es ~ No [] Not Applicable- Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Pecanic Esmpry and Town waters. See.LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. ~Yes [] No [] Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for~tiou c~teria. [] Yes [] No ~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section 111 - Policies; Pages 65 through 68 for evaluation criteria. ~ Yes ~ No ~/Not Applicable Created on 5/25/05 11:20 AM J.M.O. Environmental Consulting Services Applicant: Susan S. Rentchler Location: private road, no #, Fishers Island S.C.T.M.No. 1000-008-1-6.6 The project consists of the applicant's proposal to excavate and regrade an area located landward of the crest of the adjacent bluff and remove approximately 6,100 cy of sand. As part of my review of the Town's LWRP Consistency Form Section C, I offer the following comments regarding the Local Waterfront Revitalization Policies and this proposed project: Policy 1. I feel that this project is consistent with this project because the project will not result in a negative impact upon the desired development pattern of the Town of Southold nor shall it result in the loss of the community and landscape pattern of the Town of Southold. Policy 2. I feel that the project as proposed is consistent with this policy because it should not have any impacts upon the preservation and retention of historic resources, or any archeological resources nor the Coastal Culture of the Long Island Sound. Policy 3. I feel that this project is consistent with this policy since the project will not have an impact on any scenic resource of the Town of Southold. Policy 4. I feel that the project is consistent with this policy for a number of reasons. The proposed project has been based upon sound engineering practices and designed to the minimum scale necessary. The project shall have no adverse impacts upon adjacent properties or to natural coastal processes or natural resources. The project shall have no impact on any natural protective features nor shall it have any impacts upon public lands or Phone (631) 653-0607 · Fax (631) 653-3348 121 Jessup Ave · 2nd Floor · P.O, Box 447 Quogue, New York 11959-0447 lands in public trust. Lastly, the project does not involve the management of a navigational infrastructure nor are public funds involved with the project. Policy 5. I feel that this policy is not applicable to this project Policy 6. I feel that the project is consistent with this policy. The project as proposed shall have no impact upon the ecological quality in the Town of Southold. There shall be no negative impacts upon the adjacent Block Island Sound by the destruction of habitat or significant impairment to the tolerance range of any species of fish or wildlife and to not have any impact on existing wetlands. The project should have no impact whatsoever upon any vulnerable fish, wildlife, plant species or rare ecological communities. Policy 7. I do not feel that this policy is applicable to this project since the project does not involve any atmospheric deposition of pollutants. Policy 8. I do not feel that this policy is applicable to this project. Policy 9. I feel that this project is consistent with this policy. The proposed project shall have no impact upon adequate physical public access to coastal resources, shall not impact any public visual access to any lands or waters, involve the public interest in and use of lands and waters held in public trust or to public access of such areas. Policy 10. I feel that the project is consistent with this policy. The project shall have no impacts upon any existing water-dependent uses of the site nor is the project located on Mattituck Creek/Inlet, Mill Creek or within the Village of Greenport and does not involve water-dependent uses at those sites. Policy 11. I feel that the project is consistent with this policy. The project does not involve aquaculture or the removal of shellfish from uncertified waters of the Town of Southold nor shall it have a negative impact upon the long-term maintenance and health of living resources. Policy 12. I do not feel that this policy is applicable to the project because no agricultural lands are involved. Policy 13. I do not feel that this policy is applicable to this project. J.M.O. Environmental Consulting Services July 18, 2006 Mrs. Lauren Standish Board of Town Trustees Town of Southold P.O. Box 1179 Southold, N.Y. 11971-1179 JUL 2 } Lu~. Re: Application for Suzanne S. Rentschler private road, no #, Fishers Island S.C.T.M.No. 1000-008-1-6.6 Dear Lauren: Enclosed please find is a check for the application fees for this project as well as the LWRP Consistency form which I have prepared. I do not know if whether or not Mr. King was able to visit the site yesterday but we are now interested in proceeding with the application. I believe the enclosed material as well as the material I had previously submitted will now complete the application. As always, should you or any member of the Board have any comments or questions on this project please feel free to contact me at any time. Phone (631) 653-0607 · Fax (631) 653-3348 121 Jessup Ave · 2nd Floor · P.O. Box 447 Quogue, New York 11959-0447 FISHERS ISI_AND CONSERVANCY, INC. BOX 553 FISHERS ISLAND, NEW YORK 0~390 Board of Trustees, Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Application of Susan Rentschler for Excavation Permit in Coastal Erosion Hazard Zone Gentlemen/Ladies: We understand that an application has been submitted to you by the above Fishers Island property owner. To date, we have been unable to obtain a copy of the application, site plan or any environmental impact statement. However, we are informed that the applicant proposes to excavate and remove nearly 20 feet (6,100 cubic yards) from the top of a hill abutting a bluff line for the purpose of improving a view. We understand also that the excavation would be within the Coastal Erosion Hazard Zone, as well as within the Primary Protection Zone of the Middle Farms Pond watershed area. Accordingly, the proposal is a matter of utmost concern to the Fishers Island Conservancy. The Conservancy is a not-for-profit organization operated and funded by Island residents and property owners. For more than 25 years, the Conservancy has been working to protect the fragile ecosystem of Fishers Island as well as the surrounding marine area of Eastern Long Island Sound. Fishers Island residents and property owners depend on the stringent enforcement of the Coastal Erosion Hazard Law to avoid interference with essential dunes and bluffs that protect our Island from frequent heavy coastal winds, tropical storms and hurricanes. The applicant's proposal seems to involve such a threat to our coastal topography. Apparently, no application or copy of the excavation plan has been filed either with the Suffolk County Department of Health Services or with the Fishers Island Water Works, in spite of the fact that the proposed major undertaking would take place within the Primary Protection Zone of the Middle Farms Pond watershed area. (See Fishers Island Watershed Protection Standards, Suffolk County Department of Health Services, Division of Environmental Quality, April 1997). The Conservancy believes that the approval of these agencies is essential, especially because the Island relies on the interrelated fi'agile system of ground and surface water sources for its public water supply. Watershed land on our Island must remain undisturbed and intact. The Conservancy respectfully requests that we be provided with copies of the complete application, including site plan and environmental impact statement that have been or will be filed with your office. We request also the opportunity to intervene and be heard upon any hearing connected with the application. Very truly yours, November 28, 2006 Nick Spofford ' President FISHERS ISLAND WATER WORKS CORPORATION FISHERS ISLAND NEW YORK 06390 AREA CODE 631/788-7251 11/14/06 Mr. & Mrs. Charles Rentschler 2375 North 1050 East Hartsville, In 47244 Dear Charlie & Suzie, I have been requested to write this letter to you on behalf of the Fishers Island Water Works. Fishers Island has a Watershed Protection Plan adopted by the Suffolk County Department of Health. Your proposed excavation project falls within the scope of these standards and requires permission from Suffolk County Health Department. I enclose a copy of the standards for your information. Sincerely yours, Robert E. Wall President CC: Board of Trustees NOV 1 5 °~? SUFFOg.g COUNTY DEPARTME~NT OF ~4LTH SERVICE~ I~IVI~IO~I OF EI~IROI~IM~ITAL QU~g.rrY FISHERS IS1 ~ND WATERSHED PROTECTION STANDARDS MARY E. ~rI~BERD, M.D., M.P.H., COMMISSIONER SU~'OLK CO~ DEPARTM~ OF ~..~LTH SERVICES JOSEPH H. B,~l~'3~: P.E., DIRECTOR DMSION OF E~IVIRO~AL QUALITY 1.0 General Fishers Island in the Town of Southold relies on an interrelated fragile system of ground and surface water sources for public water supply. Article 4, Section 760-452 of the Suffolk County Snnltury Code includes a provision to e~tablish watershed protection measures for the Fishers Island Water Supply in order to mlnlmi~,elimpacts of pollution on sudace water quality and groundwater recharge. 2.0 Avolicabilitv The watershed prOtection measures herein set forth, shall apply to all land areas of Fishers Island. TWo protection zones have been established. The primary protection zone consists of contributing watershed areas for Badow, Middle Farms and Treasure Ponds, the existing well fields, ~he infiluation gallery to Barlow Pond and locations for .potential future sources for public water supply. The secondary protection zone encompasses the ~emainder of F'm~rs Island. The boundsdes of the protection zones are set forth on a map adopted by the department as pv_,t of the standards, and filed in the Office of the Commissioner in I~pp~e, New York. The protection zone boundaries are denoted on the ~nnched map. 3.0 Coordination The watershed protection measures included in the~e standards have been coordinated with the Fhhers Island Wot~' Works and the Town of Southold and are consistent with land development ~gulntions and standards pursuant to the Town Zoning Code, Chapter 100, Article XVI. Any future changes to the standards shall be coordinated with the Fishers Island Water Woflcs and the Town of Southold. 4.0 Secondary Protection Zone Reauirement~ 4.1 There shall be no manufacture, use, storage or discharge of any products, materialS, or by-products, in a mn,ruer which may adversely affect the quality Of the water supply sources. 4.2 All accidental spills~ as de~'med by New York S~ Depa~t~uent of Environmental Conservation t2qYSDEC) laws, must be reported to the Suffolk County Depamnent of Henlth Services, F'~ers Island Water 4.3 Works i ad the NYSDEC. Any person who is the owner or in actual or constructive possession or conlrol of a hs?~rdous m~u~rial, or agent or employee thereof, or any person in a contractual relationship, therewith, who is responsible for, or has knowledge of any spill to the ~o~ud surface Or any water body shall make notification within two (2) hours of The discharge or disposal of any hazardous mn~J'al, or radioactive mnteria~ except as may be authorized pursuant to a permit issued by the New YOrk State Depa~lment of Environmental Conservation or the Department is prohibited. 4.4 The discharge, land application, burial or disposal of any septage, sludge, animal Waste, ~ remsins or human exc~ta wi~in 100 feet linear distanc~ of any fresh water body is prohibited, except as permitted by this article. 4.5 4.6 4.7 4.8 OwnersI of irrigation wells are required to report to the F~ers Island Water Works the actual or estimated ~r~ut of water withdrawn from the well, per year. Any new inigation wells must be t~ted for water quality and ~.~ m the Fhhers Island W~_!~ Works prior to placing the well on line. i Any newly constructed l~rivate water system will comply with "Suffolk CountyiDepa, uuent of Health Services Priva~ Water Systems Standards" with the additional provisions that: for any new priw_~ well the applicant ,h,l! control or own the area wid~in a 100 foot radius from the well; and where ~.e public ws~_er supply is avsil,hle wi~hln :500 feet and is accessible, it shall be the source of potable supply to any dwelling or businesS. Storag~ of toxic or h*~rCl01~ msterials shall be done in com?liance with the requirements of Article 12 of the Snffolk County Sanitary Code. }.0 Pdrnaw Prote~on Zone Requirements All requirements/or the secondary protection zone are applicable to the pdmary protection zone. In addition, the following requirements shall apply: Persons ~n.king an application for a permit pursnant to the New Yoflc State Pollutant Discharge Elimination System (SPDES) requivm~nts shall simultaneously submit a copy of the application to the Suffolk County Depart_ ~t of Health Services (Office of Water Resources) and to the FiShers Island Water Works. 5.2 Nonconforming buildings, struaures, or use of land may be continued as long as the nonconformance does not iml)act the watershed resource. If the nonconforming use creates a situation which endangers the wau~rsbed and/or Warn- supply source, the owner of the property will be required to submit a plan to the Suffolk County Department of Health Services to protect the watershed from the contamination. The plan shall be provided within 60 days of notice from the Depa~tmeat that a condition exists which eadangers the watershed. A copy of the plan shall be sent to the Fishers Island Water Works and the Town of Sop~oid..$houM.~.~.c.~--~ implemevm~on of the plan as determined by the Dep~t/aent not p~vent contami~fion of the watershed and/or water supply, the owner shall immediately cease the offending activity and initiate ~medial actions to remove the contamination. 5.3 Furore fuel oil storage must be above ground. In addition, the construction, installation, mainl~nance or use of any above-~'ound storage facility that discharges any petroleum product, hazardous material or toxic substance into the puundwater or into any water body except as allowed:.'by SPDE$ permit is prohibited. 5.4 The establishment of any raw waste landfill, ash landfill, consm~ction/demolition landfill, junk yard, salvage yard or dump is prohibited. Underground injection of deleterious matefiah is pwhibited, with exception of underground activities specifically and directly w!~__u~d to development or mslntenance of w~t_~-r supply wells and on-site sanitary 5.6 The discharge, land application or disposal of any septage, sludge, animal wastes, ~ remains or human excreta is prohibited, except as permitted by this article. 5.7 The o~ ~er of any underground heating oil storage tank existing on the effective date of this part shall notify the F~shers Island Water Works and agree tO remove said tank within ten (10) years of the effective date of this lawi Fishers Island Water Works shall send this information to the Department and all other involved or interested agencies. 5.8 Any underground storage facility that is out of service for more than one year sh~ be removed. Any liquid residue shall be removed from the facility and all connecting lines ~ he securely capped or plugged. Solid residue and lines shall be removed. The inst,i1~t~on of any new underground storage facility is prohibited. of all in~lividual or private water supply wells ,hnll comply with the requirements and standards of the Depa, tuamt. 5.10 Uses that pose a substantial risk to groundwater quality becm~se of associated storage and havdllng of h,~,s~dous mnt~_r~n[e, as defined by 6 NYCRR Part 595 and Part 612, are prohibited. These uses include, but are Rot !imited tO, motor vehicle repair and body shops; dry cleaning and dyeing establishments; furniture stripping and refinishing operations; printing and photographic processing plants, salvage yards; and the storage for sale of gasoline, diesel fuel, heaing oil, lubricants, anti-freeze, solventS or agricultural or industrial chemicals. 5.11 The commercial excavation or extrication of soils, sands and gravels, except for those existing mining operations authorized by the Department of F. nvitonmental Collservatioll ullder Article 2~, Title 27 of the Enviro,i,-ental Conservation Law, is prohibited. 5.12 The int/oduction into an on-site disposal system of any hazardous 5.13 The establishment of any solid waste managemant or waste treatment facility is prohibited. 5.14 Approval is required before the installnfion of any new on-gte disposal system o7 the replacement or expansion of any existing on-site disposal system. Conditions for approval shall include an approved en~neering plan, a si~ spec'.ffi, c soil analysis, verification of the site pereo!~tion ra~, a grading plan to direct any potential overflow away from the wal~t~h~ and in.on of lt~ site before b~elrt~lllng. A copy of the approval will be sent to the fishers Island Water Works. 5.15 All land uses and development activities, other than those directly connecteii with the pumping and treannent of public water supplies, are prohibiLe~i, except for single-family residences, passive pnm~e preserves, exis~ug Wads and trall, to which the ~levant restrictions of these regtdalions shall apply. 5.16 The storage or handling of any septage, sludge, nnlmni wastes, human excreta, hazardous mnterinl, or radioactive._m, nt~i .~.e~._CePt_~_~.~_~ herein for existing single-family realdences, to which the relevant restrictiohs of the~e regulations shall apply and, except for fuels and chenucals necessary for pumping and tr~tm~t of wat~ supply wells, is prohibited. 5.17 The use Of pesticides and herbicides on property other than residevtlnl is prohibited. Non-conforming existing use of pesticide~ and herbicides on commell~ pwperty wh/ch does not impact the walmabed resource is permitted subject to the conditions of Section 5.2. Application of pesticid~ and herbicides must conform to the manufacturer's label 5.18 There shall be no discharge of sewage, indu.m/al wnstes or oth~ wastes, waste effiuants or any sewnge effluents not having ~tration resulting from at least 200 feet of internal travel through unconsolidated earth from existing 6r potential water soumes of the F~ I,i,,d Works. A greater distance may be required if inspection shows thnt; due to patlic,,1-r geologiciconditions, this dist--ce is inadequate to protect the water from 5.19 No filling, excavation, or dredging, is allowed without prior approval. An application for such an approval must be accompanied by a site plan. The approval shall not be granted unless the applicant can demonslrate that the proposed activity will not result in adverse water quantity impacts or the contravention of water quality standards. 5.20 For Badow Pond, no swimming is allowed. Further, there shall be no clearing of natural vegetation w/thin 100 feet linear distance of the surface of the water or motorized vessels permitted for Barlow, Middle Farms and Treasure Ponds. 5.21 The Fishers Island Water Works shall inventory all private well sources and update the listing annually. The standards for land use and development activities set forth herein may not encompass all requirements. Land use and development activities may be subject to additioniil S~atg'/fi/~or'~o~al Codes. -- 7.0 Rm)onin~ and Ri~.ht of Faltry In addition to the Suffolk County Depa~l-,ent of Health Services, the F~bers Island Water Works may make inspections of all properties within the primary protection zone, consistent with all constitutional limlt=tlons, to verify conform~,~ce w/th these standards. The F~hers Island Water Wozks shall cause copies of any provisions viohted, to be served on the person violating same, together with notices of such viohtious. Information necessary to rectify such violations shall be submitted to the Fishers Island Water Works. If said person does not comply with the pmposad remedy within a ~easoaable time, the F~sher~ Ishnd Water Works shall pwm?tl~ y notify the Department of such violations, The F~shers Islaud Water Wozks shall keep annual repom, including such information ou the number of inspections, violations found, notices served, violadous sha~ed, the general condition of the ~source and any other informa~on relevant to the enforcement and administration of these standards. 8.0 Variances. Waivers. and Protectign Z0n9 B0.und~u~' Adjustments 8.1 Variances am t Waivers An applicant requesting a variance or waiver from these smidards ~hAll ~ a formal written request. The request will be reviewed in accords-ce with the provisions of the Suffolk County Sanitary Code, iacludi~g Section 760-609. The applicant is required to provide a copy of such zequest to Fishers Island Weicr Works and the Town of Southold. Fishers Island Water Works .~hul! post a copy of the variance~waiver request on the Post Office bulletin board at least two weeks prior ~o any hearing on the mutt~_r. In reviewing the merits of a variance or waiver r~luest, the depamnent will ~ive due consideration to recommendations of the tr~s Island Wa~er Works and/or the Town of Southold. 8.2 Prot~'tion Zone Boundary Adjustments When the locatioa of a pml~ction zone boundary, as shown on the adopted ms? is "'dispul~d by ~i~ l~d~,a~er o} abu~,'the'lsndowner or ab~ _-~:r, at his/her ~, m~y eagag¢ a licensed professional to conduct an investigation to clete~ine if a writillg, lO the depa~hueat, ~hst the bollpds~ry be adj~sl~d, based l~)on tho technical investigation. Acopy of the request and investigation repozt shah be provided by the applicant directly to the Fishers Island W~t~- Works and the Town of Sou&old. The depa~huent will review the request in coordination with the Town of Sou&old and the Fishers Island Wal~,r Works and make a z~commendation to thc Commi-~sioller. The Commissioner shall act to ~allt, grallt with conditiolls, or deny thc boundary adjustment request. The Protection Zone Boundary Map shall be, if necessary, amended m reflect any changes granted. FROM :GRAHAM INC FAX NO. :19~883a99799 Oct. 10 ~06 11:28P~ Pi 2~75 Norit~ 1~ ~t Your proposed vicar impio~ent project I ar Suz .. I..c .he~d .wilh the Trustee's office last ~ and was told fiat )-our &ppucauon ~s on me agenda for the Souihold Trusl~es' October 18, 2006 session. Is that still fl~ case? ~ I am ambiv~_ ie~t at best, about your pro~ I am deeply concerned about the po~ntial for erosion of the bank/Muff ~__ ~our ~ from storm (rain and wind, for example) damag~ ~m me r, ou~ mm east, I~ migrate over time towards and onto m~ · . . , ~'.,' .The ei, osion pok, niial~ in my view, would b~ drastically ' i,v d ' · · - ~ eslruclion of th~ vagelalion where fl~e excavation lakes place. Could you inform me as to how I can be assured that erosion will not migrat~ onto my property? I am also very concerned about the likely damages ttmt may caused by the heavily loadad ~luipment integral Io your project ~ (a) my driveway and ~o the dirt road out to ~ main road and (b) the u.~_'~es__ that run under the my driveway and Ihe dirt road and (c) other unanticipaiL~d dam_a~e, such as to tr~s, etc. Of my greai~st co,v~n in this catr~gory is the potential for dama~ lo the electrical and l~lephone ulility lines (and waist if that is fl~e case) flint run unde~ my driveway and und~ the dirt road~ from ~ end of my drivaway out to the main road. I mentioned th~se 'concerns ~o you previously, f~cond of my concerns is damage 1o tho surfaces of Ihe roadwa¥~ both my macadam driveway and lite ~ road. You verbally assured ma ttmt you would repair my macadam driveway', while you left the subject of the dirt road lo a lal~r ~ .At this lima I - cannot measure my conc~i~ regarding other unknown damage tlmt may occur. In &ddition fo addressing my concern regarding the pol~niial for erosion fo migrate from your pro~ onto my property I n~d },our wrilian a~urance that you will be solely and l~ally responsible for repairing/replacing [1] tim roadways, both my driveway and the dirt road that are clamagad as a t~sult of your project, [2] the ulili!i~s under the roadways that are damasc, d as a result of your pro~ as well as [3] any other damage outside your property which msulls from your project Additionally, you need assure me lhat the roadways will be passable at all tlm~s. If ~ is a ulility inl~rruption at any time during or afar your project it will be ~ired/replaced immediately. Without working utilities lhe proi~i-li~s on th~ road will not !~ useable, and wgl be vulnarable FROM :GRAHAM INC FRX NO. :198883299799 Oct. 10 2886 ll:29AM P2 catastn~Jhic loss. As a basing point, as far as I know the road is fhM, and the umft~es at~ in good workh~ order. There is a point of ~.~flce as to the magl~tnde of the financial exposure that could co~ to pass as a result of the repair/replacmum of the road and uffl~ties alon~ h 2005 the Utility Comlxmy replaced the electric and phone lines under the Oay Point road at a 2005 cost of about $~10,000. I believe that project was 0.7 miles. I measured offthe disim~ce, using my car, from the main road, tl~ beginning c~ the projec~ to where Iwas told by l}ob Wall the Clay Point project ended. My driveway, plus the dirt road is about 0.6 mflps... The arithmetic looks scary to me. Without Ihe assurances that I have described above, which I ~ are fair _a__r~_. reesonable, I am not/n Payor of your project. Please ~orward your written assurances at your e~rliest convenience. PeMr Brinckerho~ 631-788-76~6 203-637-11~8 CC: Soull~old Tr~t~ 2 Day, Berry & Howard Li p COUNSELLORS AT IAW Robert J. Miller Direct Dial: (203) 977-7327 E-mail: rjmiller~dbh.com September 20, 2006 Town of Southold Office of the Trustees 53095 Route 25 P.O. Box 1179 Southold, NY 11971 SEP 2 5 2006 Re: Rentschler Application - Fishers Island Dear Sirs: In considering the above application, I thought it would be helpful for you to have the perspective of the attached composite photograph, which is taken fi.om the "Keypost" sanctuary of the Land Trust of the Henry L. Ferguson Museum. You will note that all of the barrier dune shown in the photograph up to the Rentschler property is forever protected in its natural state under permanent, recorded covenants. While this photograph has not been prepared with the benefit of a surveyor and I can not guarantee its accuracy, I believe it effectively illustrates not only the location of the proposed Rentschler excavation in the context of the continuous protected coastal dune, but also the fact that the Rentschler property is surrounded by environmentally critical, and legally protected, property on all sides. As an abutting property owner who has contributed property adjoining Middle Farms Pond and the Rentschler property to the Land Trust, I feel strongly that further disturbance of the Rentschler site must be minimized. There already appear to be two rental dwellings on a single building lot within the Rentschler compound, leading to traffic that is inappropriate in what must be one of Southold's most pristine locations. The excavation of 6,000+ cubic yards of material from the vicinity of the dune near its highest point, and the impact of its removal by heavy 71362819 [ 099998-91268 One Canterbury Green [ Stamford, CT 06901 I t 203 977 7300f 203 977 7301 Boston Greenwich Hartford New Haven New York Stam~brd Wcst Hartford www. dbh. com Day, Berry & Howard Town of Southold September 20, 2006 Page 2 trucks over a dirt road that runs directly through Land Trust property for at least halfa mile, should not be permitted. One can only assume that this very substantial excavation will ultimately lead to the construction of a larger dwelling that will further impinge on the remarkable Town asset of the sanctuary areas and the public views of them from land and water. Sincerely, Robert J. Miller RJM/cf Enclosure 71362819.1 099998-91268 gUZiE RF'N TSCHL_EI~ Connie Falkenstein Board of Truste~, Town of ~ Town Hall 5309S Main Road P.O. 1179 3outhold, NY 11971 I am faxing and malting to yon my re~onse to an entail from Bob Milk~ et d. I thought I'd put our project in the hands of the appropriate authorities, and have been stunned and overwhelmed by the response from others. Please don't hesilnte to call if you have any questions 812 546 59/5 Th~<..nk.. _you / Suzie Rem~hler p.s. Many of the emnils and letters to your Board objecting to our clearing project were a result of some aggressive and frenzied lobbying to individnais and gronps wi~out all the facts from the appropriate authorities, misinformation, and absolutely no representation on my behalf. I would appreciate your taking that into considerntion. 050 EAST · HARTSVILLE, IN 47244 Our Fisht~ Island prop~y is a major heirloom to our family, and our duire is to maintain and improve it whenever pouibl¢, We were insplr~ by tim recent clearing beyoud the driving range, and in cleantn~ out our jungle near thc studio, uncovered a breathtaking maple struggling to ~urvJve, We were also able to save ~ more important ~ximgn~ being choked by vines, and in ~o doing caught a glimpse of the pond. We had no idea we were treq~ssing, and am deeply sorry that flint was the ca~. After removing the brambles and massive poison ivy, grass saed wa~ spread to help stop soil erosion and by mowing, we'd be able to keep the unwanted growth from taking over once again. The opennces, view of som~ nmgnificent trees and lush green ~ass bas been a sight many have told me they enjoy, I am relieved to know that the many confusing boundary lines on all the properfiex mentioned in your email are now clearly marked. Plaase clarify on which of these properties thc m~s were removed. This year we were also able to repair and replace the pervasive rot timt had permeated the studio/garaga apartment as well as rusted and leaky plumbing, bathroom fixture4 and new applinnces. We are working with the proper agenoies to see Omt we are in cou~ ~ptiance and will follow their directives. . e other project for which we are sacking approval is another attempt to improve o~ property for our family to enjoy. In so doing we have gone to the appropriate authorities that decide the environmental impact, which we understand, is their job and expe~lae. As I have stated ninny firae~ before, we love the island nnd nrc doing our best to follow the advice of those trained to understand aH the complexities involved. The plan has been conceived so that it impacts no one ei~e, and we also knew there would he several island project~ in need of the fill from this elaaring. It i~ my undermmding that HDCO's input on projects was to ensure that other~ were not adversely affected, a goal thnt I under~tand and agree with. It also seen~ to make sense that the environmental issues should first be detef, iilned since there might be changes Thank yon a~ain for ide~ing the bonndafies, which I will thy to become expert. I would appreciate receiving a copy of the document transferring your fight of way to the museum over our land so I ~n understand the obligations of this deeded gift and to have it in my file. I would also appreciate your not lobbying against my project nntil all the facts are available. Again, my sincere apologies for the misunderstandings on the boundaries and that these Regards, Susie T. esaay, smamher 12, 2oo Chairman Peter O. Crisp President Kathryn M. Parsons Directors James W.B. Benkard Barry R. Bryan Frank W. Burr James. H. Carney Thomas W. Cashel Lawrence G. Creel Reynolds duPont, Jr. Mark Gaumond Chauncey Goss Rose Harvey Henry L. King L. Peter Lawrence Frank R. Lyon Henry F. McCance Leslie L. McElwreath Robert J. Miller B. Scott Reid W.C. Ridgway III Katharine Sanger Melie T. Spofford David J. Strupp Charles T. Wilmerding General Manager Robert E. Wall Fishers Island Development Corp. P.O. Drawer E Fishers Island, New York 06390 (631) 788-7251 AUG 2 4 2006 _ AuguSt 21, 2006 Board of Trustees, Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Application of Susan Rentschler for Excavation Permit in Coastal Erosion Hazard Zone Dear Sirs: Apparently because Fishers Island Development Corporation ("FIDCO") is not an owner of adjacent property, it did not receive formal notice oftbe hearing scheduled by the Board for August 23, 2006 on the above application. FIDCO nevertheless has a vital interest in the proposal, but because we learned of the heating only recently, it has not been possible for us to make an appearance. On its face, the proposal to excavate and remove nearly 20 feet (6,100 cubic yards) from the top of a hill abutting the bluff line and lying within the 100-foot Coastal Erosion Hazard Zone, all for the sole purpose of improving a view, would seem to violate the letter, spirit and purposes oftbe Coastal Erosion Hazard Law. Unless the Board decides to deny the application, FIDCO respectfully requests that the hearing be kept open, so that its views may be heard. Some of our principal concerns are outlined below. One of FIDCO's principal missions is the preservation of the fragile environment of Fishers Island, particularly the East End, where FIDCO owns and manages roads, beaches and other properties and regulates residential development and landscaping. FIDCO's declared environmental policy has been implemented most forcefully in recent years by the contribution of significant environmentally sensitive lands owned by FIDCO to the H. L. Ferguson Museum Land Trust. These conffibutions included lands in the Matty Matthiessen Wildlife Sanctuary adjacent to the Rentschler property, which has clearly benefited from the dedication of these lands as open slmces. We support the enforcement of nil environmental regulations, none more impor'amt *hzn the Coemal Erosion Hz~-~I Law, which is designed to protect thc integrity of fragile dunes and bl~. Our noRhcasters in the last year, not to mention HmrJeanc Ka~na, are recent tr,,lindgrs of how important such barriers are to the Island. In addition, FIDCO and its predecessors have imposed covemmts on all lots sold for development on the East End, one of which requires FI DCO's approval of all grading and planting phm materially affecfin~ the appearance of the premi.~s. The application for this approval is under consideration and has not been granted by FIDCO, and FIDCO has not seen any assessment of the environmental impact of the excavation, any phn.~ for the disposition of the material excavated or any pla~i%o plans for the restoration of the hill. all of which we would deem essential to our decision FIDCO owns and malnl~ing tho roads on the East End and also has concerns about the impact of the heavy earth-moving equipment and dump trucks needed for this project on tho dirt particularly the impact on the utilities buried under that road. We will be happy to provide any additional information that would be belpful to the Board in considering the Remschlar proposal. Very truly yours, ¥onday, August 21, 2006 6:41 PM Barry R. Bryan 631-788~7466 p.02 Chairman Peter O. O'isp President Kathom M. Parsons Directors James W.B. Benkard Barry IL Bryan Frank W. Burr James. H. Carney Thomas W. Cashel Lawrence ri. Creel Reynolds duPont, Jr. Mark Gaumond Chauncey Gms Rose Harvey Henry L. King L. Peter Lawr~na~;c Frank R. Lyon Henry F, McCance Leslie L. McElwreafl~ Robert J. Miller 13. Scott Reid W.C. Ridgway I11 MeIie T. ~pofford David .}'. S[rupp (3mrles T. Wilmerding General Manager Robert E. Wall Fishers Island Development Corp. P.O, Drawer E Fishers Island, New York 06390 (631 ) 788-7251 Board of Trustees, Town of Southold Town Hall 53095 lVL4m Road P.O. Box 1179 Southold, NY 11971 August 21,2006 A~olication of Susan Renkschler for Excavation Permit in Co~xtal I':msion Zone De, ar Sirs: Appm~fly 'because Fishers Islam Dcvelopment Corporation ("FIDCO') is not an owner of adjaccm property, it did not re~ve formal notice of thc hearing mheduled by the Board for August 23, 2006 on the above application. FIDCO nevertheless has a vital inunest in the proposal, but becau.~ we learned o£ the ~ only recently, it has not been possible for us to makc au appearance. On its faro, tho propossl to excavate and romove n~arly 20 feet (6,100 cubic yards) fxom thc top of a hill abutting the bluff linc aad lying within the 100-foot Coastal Erosion I- 'Iazurd Zone, all for ~ sole purpose of improving a view, would scan m violate the letter, spirit and purposes of thc Coas~l F, rosion llazatd Law. Unless thc Board decides to deny the application, FIDCO respectfully requesta that the heazln8 he kept open, ~o that its viers may be heard. Some of our pr'mcipal concerns are outlined below. One of FIDCO's principal missions is the preservation of thc lkagile environment or Fishers Island, particularly the F~st F~I, whom FIDCO owns and manages muds, bcaohes and other pwperties and regulato.q residential development aad landscaping. FIDCO's declared environmental policy has been implemented most foree£ully iu recent years by the contribution oC sig~ilicant ~nvimnmentally .sensitive lands owned by FIDCO to the H. L. Ferguson Museum Land Trust. These cutgributlons included lands in the Marly Matthicssen Wildlitb Sanctum'y adjacent to the Renkqchler property, which has clearly benefited from the I~onday, August 21, 2006 6:41 PM Barry R. Bryan 631-788-7466 p.03 · ,-,,~., ,,~ ..~ m .ow m~oxta~ such bmx-ie~s am to the l~ancL We will be happy to Pmvid~ any additional hzform,~_'on that would be helpful to ~ ~ in ~z~iderlng the Rent~J~r Woposal. · , · Monday, August 21, 2005 6;41 PM Bsrry R, Bryan 631-788-7466 p,01 FAX ATTN. Ms. Lauran Standish F~ Numbe~. 1-631-765-6641 Phone Number 1-631-765-1892 FROM Fax Number Phone Number SUBJECT FIDCO Comments on Rentschler Application Number of Pages 3 Date 8/21/2006 AUG 2 2 2006 MESSAGE Dear Ms Standish: I attach for distribution to the Trustees a corrected copy of the letter of Fishers Island Development Corporation faxed to you earlier today, correcting a typographical error in the first paragraph. I apologize for the confusion. Barry R. Bryan Standish, Lauren From: Bo Kelly [elbow666@comcast.net] Sent: Monday, August 21,2006 12:24 PM To: Standish, Lauren Subject: removal of 6100 cu yards of dune/bluff material on Fishers island NY Please amend my previous email to 6100 cu yards (not feet) of dune/bluff. The Fishers Island Conservancy remains opposed to this removal of dune bluff material for the reasons I outlined: bluffs/dunes are needed for protection of coastal areas They help prevent erosion. They help buffer storms Rearranging the landscape causes multiple other effects Middle Farms area is under Federal legislation as Barrier Beach that mandates no disturbance Thanks for your consideration of our oppostiion to this proposal to remove dune material Ellen H Kelly Pres of Fishers Island Conservancy 631 788 7830 elbow666 @comcast.net 8/21/2006 AUG 18 ~00G 2:51 PM FR DBH LLC Measi, g~, 977 7801 TO 91GS17B5BG41 P.02 Page 1 of 2 Falkenstein, Connie M. From: Miller, Robert J. Sent: Friday. August 18, 2006 2:40 PM To: Falkensteln, Connie M. Subject: FW: 8/23 Headng of Town Board of Trustees - F Please copy and fax to 631-765-6641 - in case they did not get emall. Tx. AUG ,' ;., !: IRS Circular 230 Notice: Any tax advice provided hera is not intended or wdttan to be used, of avoiding penalties that may be imposed on any taxpayer. Robert J. Miller, Eaq. Day, Berry & Howard LLP One Canterbury Green I Stamford CT 06901-2047 I t (203) 977-73271 f(203) 977-7301 dmiller~dbh.com www.dbh.com ----Original Mes___~ecje ..... From: Miller, Robert .1. Sent: FHday, August 18, 2006 2:37 PM for the purpose AUG 2 1 2005 To: 'lauren,stendishOtown.southold.ny.us.' Cc: Barry R, Bryan, r:SCl. (brbryan@fishersisland.net); Reynolds duPonL (pcminc@flshersisland.net); Reynolds duPont (pcrninc~qshersisland,net); Penelope C. sharp (pensharplO@comcast.net) · .bJect= 8/23 Hearing of Town Board of Trustees - Rentschler Applicedon SCTH #m 1000-008-1-6.6 Dear Sirs: I own the property adjoining the subject property to the West. I received a Notice to Adjacent Property Owner on 8/16. Unfortunately, the amount of notice is insufficient to permit me to arrange my commitments in order to be able fo attend the healing. This is to respectfully request that the application be denied, or that the hearing be left open until I and other interested parties can procure additional information and the effeots of this very significant proposed site disturbance, stated to be for improvement of views, can be fully reviewed. Among the matters whidn require furtber examination include: 1. Lack of necessity for a major change in the natural topography in a particularly sensitive environmental aras. 2. Absence of study of specific potential environmental impact of massive excavation in or adjacent to coastal dune area (6,100 cubic yards, estimated) and lack of replanting or other rernediation plan. 3. Absence of study of speoific environmental impact study in critical area between ooastal dune and flesh water marsh and wetlands owned by the Land Trust of the Henry L. Ferguson Museum. (see below). 4. Incomplete data on whidn to base a rational decision in that the site plan submitted does not disclose the presence of a second, recently improved dwelling on Lot I to the north of the proposed project, which dwelling appears to be inconsistent with Town end/or County regulations in that it apparently contains a full kitchen (including stove) and sanitary facilities. It sllould be determined that Lot 1 is in compliance with ell Town and County requirements before an additional project on Lot I is permitted, particularly one of this scale. 5. Absence of study of environmental impact of movement of excavated material by heavy trucks over approximately 1/2 mile of dirt road through the Matty Matthiessen Wildlife Sanctuary of the Henry L. Ferguson Museum, which is required to be maintained in its natural state in perpetuity, subject only to NECESSARY acx~ss over this road to dwellings it serves. Improvement of views does not suggest NECESSITY for a project of this scale sufficient to comply with the terms of the recorded Declaration for the maintenance of the Matthiessen Sanctuary, 6. Absenoe of study of potential impact on utilities which run under the dirt road serving my house end the Brinkerhoff house of heavy tucks te remove excavated material, and necessity of bond fo cover remedlatlon/damage to utilities. R/1 AUG lB 2006 2:51 PM FR DBH LLC 203 977 7301 TO 91631765BG41 P.03 · Me~s~e Page 2 of 2 7. Permission for this excavation with potentially major environmental impact should not be allowed until and unless it is clear that the owners of Lot I have darnonsb'ated environmental and other responslblltlylcomplian~e with respect to Lot 1, Among the reasons for concern in this regard are (1) that substantial clearing around Lot I was conducted without required FIDCO architectural approval, which extends to exterior planting and grading; (2) that the deeded, existing nature trail owned by the Henry L Ferguson Museum over Lot 1 (also not shown on the map submitted) was recently and without authorization obliterated by extensive clearing and installation of a lawn around the second dwelling on Lot 1; and (3) substantial and unauthorized clearing on property owned by the Museum's Land Trust and/or the undersigned was recently conducted on the steep slope to the North of Lot 1. at the foot of which is an environmentally significant wetland. I would appreciate your entering this communication into the record with respect to the Hearing· I will also fax a copy of this small to you at 651-765-6641. It would, iqowever, be appreciated if you would confirm receipt of this email so I know my concerns have been received. IRS Circular ga0 Notice: Any tax advice provided hem is not intended or wdtten to be used, and cannot be used, for the purpose of avoiding penalties that may be imposed on any taxpayer. &',~,l ~. _~_~ ~_ ~ *_ =_: _~ _- ~: :L ~ .~ ,~ .L .L .L .L :~.~e~. Robert J. Miller, Esq. Day, Beny & Howard LLP One Canterbury Green [ Stamford CT 06901-2047 I t (203) 977-73271 f (203) 977-7301 ~ www.dbh.com ~/1 ~/20f)6 · * TOTRL PRGE.03 ~ AUG 18 2006 2:58 PM F~ OBH LLC 80~ 9?? 7801 TO 916817G~41 P.O1 Fax ID: 43271 Time In FAX TRANSMISSION Day, Berry & Howard O~ C~t~rbuxy G~e~ Stamfo~l, Couaeetieut 06901 (203) 977-7300 Fax: (203) 977-7301 Time Deliv~:l Date: Subject: Rober~ J. Miller Phone #: (203) 97%7327 August 18, 2006 Pages: 3 page(s), including cover page 8/23/06 Heating of Town Board of Trustees - Rentschler Application $CTM # 1000- 008-1-6.6 MEMO Please see the attached. If there fs any problem during t~au~mission ple~e ~ (203) 97~-7366 *This Facsimile contains PRIVILEGI~D AND CONFIDENTIAL INTORMATION intended only fo~ thc use of tho addros~0 named above. If you am not the intended recipient of this facsimile, or the ~p]oycc or agent rcspousl'ble for delivering it to the intended recipient, you are hereby notified that any diss~mi~ation or copying Of this facsimile is strictly prohibited, If you have received this ~ac~imile in error, please immediately notify us by telephone and return the migiflal facsimile to us at the above address via the U.S. Pustal Service. Thank you. Rev. 12/01/04 TimeKeeper No. 0161 Client/Matter No. 099998/91268 Return To: Connie F. N/F ROBERT J. MILLER It~ON PIPE / / 77.00 87.00 57.00 47,00 37 O0 27,00 17.00 DATUM ELEV N 2489.98 E 3523.69 ~ O0 EROUP A SECTION C 67,0C 57.0C 47.0( 37.00 27.00 DATUM ELEV ~,00 0.00 40.00 80.00 120 O0 160.00 200.00 240,00 GROUP A SECTIUN E (,=ND.) \ \ \ ) \ \ \ \ 12" PINE PETER R. N/F BRINCKERHOFF, TRUS1- I I I / 0.00 40.00 /50.00 120,00 160.00 12u O0 QUALITY CONTROL CERq'IFICATION GROUP REVIEWED DATE FZLE 15084 56.0C 46.0C 36.0£ 26.0C DATUM ELEV ~'.00 0.00 40.00 80.00 120.00 160.00 GROUP A SECTIDN A 22-5 GARDEN / / / / F__ / × / u oF / / // / / // / / // // // / / / / // BLOCK / / / ISLAND SOUND / SHNET 39-FI OF 49 8/2B/B8 SET SILT FENCE TO ESTASUSH UMll~ CLF. AI~N~ AND DlSllJRBN~ICE LOCATION MAP / / / FIRST FLOOR ELEVATION SQUARE FEET EXISTING CONTOURS PROPOSED CONTOURS STONE WALL EXISTING TREELINE ./ SCALE 1"=400' BACK OF,/ B~CH / JUL - 5 2006 10 PROPOSED LOT LINE CHANGE PREPAREO FOR RITA M. CUSHMAN, TRUSTEE; FISHERS ISLAND, NEW YORK; SCALE: 1"--100'; CHANDLER, PALMER & KING; NORWICH, CONNECTICUT; MARCH 11, 1982 10 THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED HEREON, ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR EXCEEOS THE SCOPE OF THE ENGAGEHENT, 2*) IT IE A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO ALTER AN ITEM IN ANY WAY, 3,) ONlY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF THE LAND SURVEYOR. 4.) COORDINATE DISTANCES ARE MEASURED PROM U,S. COAST AND GEODETIC SURVEY TRIANGULATION STATION "NIN" 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP 1000, SECTION 008, BLOCK 1, LOT 6,6 6.) TOTAL AREA = 5.go:~ ACRES. 7.) SITE IS LOCATED IN R--120 ZONE, 80 BASE FOR LEVELS: NGVD 1929, 9.) APPROXIMATE CU. YDS OF MATERIAL TO BE REMOVED = 6100 CYD 30 15 0 30 GRAPHIC SCALE IN FEET mo DATE: 05/12/2006 ~1" = 30' SHEET 1 OF 1 / DATE: 05/12/~006 SCALE: 1" = ~0' Qu~ CONTROL CERTIFIC~ION pROJECT U~NACE~ ~ ~' ~.~ ~ STONE W~L 30 'S 0 ~ SHEET FZLE 35084 ~ '