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HomeMy WebLinkAboutKrupski, Eugene & MaryannPLANNING 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 (cot. Main Rd. & Youngs Ave.) Southold, NrY Telephone: 631 765-1938 Fax: 631 765-3136 To; Town of Southold Board of Trustees Town of Southold Zoning Board of Appeals From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: October 16, 2006 Re: Proposed Wetland Permit for EUGENE AND MARYANN KRUPSKI SCTM#1000-100-2-3 EUGENE AND MARYANN KRUPSKI request a Wetland Permit to clean up and restore the existing pond to include the removal of lilies, one tree, brush and poison ivy, and relocate the driveway. Located: 2230 Soundview Ave., Southold. SCTM#100-2-3 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon thc 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 there is insufficient information to make a consistency determination. The ownership of the wetland has not been established. Additionally, although the applicant indicates that the wetland is to be restored; a restoration plan indicating; herbicide types, application and frequency rates, a restoration planting plan and long term maintenance methods has not been submitted to the Board. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Toam Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application 7Wetland Permit Application Amendment/Transfer/Extension ~l~eceived Application:~_~J~ ,,~Received Fee:$ ,-.~" ~.-~mpleted Application Incomplete SEQRA Classification: Type I Type II Unlisted Coordination:(date sent) -..~LWRP Consistency ~,s~essment Form _..X2AC Referral Sent: t.~ ~O~-e-oflnspection: ] ~.~ I f [ ~o Receipt of CAC Report: Lead Agency Determination:__ Technical Review: ~-'-Ffiblic Hearing Held: Resolution: Administrative Permit Name of Applicant Address i 0 q S Phone Suffolk County Tax Map Number: 1000 Property Location: ~.~G So~ (provide LILCO Pole #, distance to cross streets, and location) AGENT: (If applicable) Address: Phone: Board of Trustees Applid Lon GENERAL DATA Land Area (in square feet):. Area Zoning: ~ d~(I Previous use ofprope~y: ~ ~tendeduseofprope~y: (~ Prior permits/approvals for site improvements: Agency , Date 1 )~ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): ;+ Board of Trustees Applid Lon WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: I ~ of~tlands on lot ~ ~'~, square Percent coverage of lot: Closest distance between nearest existing structure and upland edge of wetlands: 0Xxo~ ~0~ loc feet Closest distance between nearest proposed structure and upland edge of wetlands: ~0~ feet Does the project involve excavation or filling? ~ No ~' Yes If yes, how much material will be excavated? How much material will be filled? 0 cubic yards cubic yards Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: I 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): 617.20 PROJECT ID NUMBER APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) 1.APPLICANT/SPONSOR ~'~(~V~/(~(/~l~t t~{~ 2. PROJECT NAME SEQR 4. PRECISE LOCATION: Str et Addess and Road Intersections, Prominent landmarks etc -or Provide ma~) 51 IS PROPOSED ACTION: [] New [] Expansion [~odiflcation / alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8 WILL OPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ~ [] No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROCiECT? (Choose as many as apply.) []Residential E]lndustrial F~Cornmercial E~culture//' [~ Park l Forest / Open Space [~Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) E]Yes [] No If yes, list agency name and permit / approval: 11. DO ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~Yes r--]No If yes, Iisi agency name and permit / approval: 12~ ~'~k RESULT OF PROPOSED ACTION WiLL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? [] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name /~/~/~ Date: I I If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. [~Yes ["-]No B. WILLACTION RECEIVE COORDINATED REVIEWASPROVIDEDFORUNLISTEDACTIONSIN6NYCRR, PART617.67 IfNo, anegafive declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste producfion or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4, A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other ~atural resources? Explain briefly: C5 Growth, subsequent development, or reJ~ib~d ~ii~,itie~s likely to be induced by the pro~csed action? Explain ~iel~y: C6. Long term, shod term, cumulative, or other effects not identified in CI-C57 Explain briefly: C7. O her impacts (including changes in use of either (]uantit~ or type of ener~;/? Explain briefly' WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA ICEA/? Ill yes, explain briefly: [~Yes [~No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If es ex lain' I-lYes lNoI - PART Ill - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectidenti~edab~ve~determinewhetheritissubstantiai~~arge~imp~rtant~r~~herwisesignif~cant~ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. C hack this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULI EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed acfio~ WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi: detem3ination. Name of Lead Agency Date T[fie of Responsible Officer Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Board of Trustees Application County of Suffolk State of New York DEPOS~ ~F~S T~AT ~/S~ IS T~ ~PLIC~T FOR T~ ~O~ DESC~ED PE~T(S) ~ THAT ~L STATE~NTS CONT~D ~ ~ TR~ TO T~ BEST OF ~S~R ~O~EDGE ~ BEL~F, ~ T~T ~L WO~ ~L BE DO~ ~ T~ M~R SET FORTH ~ T~S ~PLICATION ~ AS MAY BE ~PRO~D BY T~ SOUTHOLD TO~ BO~ OF TRUSTEES. T~ ~PLIC~T AG~ES TO HOLD T~ TO~ OF SOUTHOLD ~ T~ TO~ TRUSSES ~ESS ~ F~E FROM ~Y ~D ~L D~AGES ~ CL~S ~S~G ~ER OR BY V~T~ OF SMD PE~IT(S), IF G~TED. ~ CO~LET~G THIS APPLICATION, I ~BY AUTHO~E T~ ~US~ES, T~ AGENT(S) OR REP~SENTATI~S(S), TO ENTER ONTO MY PROPERTY TO INSPECT T~ P~SES IN CON~CTION ~TH ~W OF THIS ~PLICATION  ture SWORN TO BEFO~ ~ THIS ~ DAYOF ~,~r ,20~ ~ Notary Public APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics nrohibits conflicts of interest on the cart of town Officers and emoloveas. The numose of this form is to orovide information which can alert the town of oossible conflicts of interest and allow it to take whatever action necessary to avoid same. (Last name, first name, ~niddle initial, unless you *~e applying in the name of someone else or other entity, such as a company. If so, indlcate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building / Variance Trustee J Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the lown officer or employee owns more than 5% of the shares. YES ~ NO lfvou answered ~YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Tmvn of Southold ~ i ~_~ ['(b^LS~)~ ~ Title Or position of that person ~ ~ d~ ~Q (~ r I ~ ~ ~] Describe the relationship between yourself(the applic~nt/agenffmpresentative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% oftbe shams of the corporate stock of the applic0nt (when the applicant is a co~oration); ___B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); ___C) an officer, director, partner, or employee of the applicant; or ___D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 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 Building 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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail, listin~ both suooortine and non- supporting facts. 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 places: 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 SCTM# ] ~-~ O' ~L ~ The Application has been submitted to (check appropriate response): Tow..o.rd Vq .,ann,ng.o.rdFq "."OingOep,. "oardomus,ees 1. 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: mor.. Ioo' .+o .go' Location of action: ~.~-~) ~f.)~ 0 t"-~ Site acreage:. 5~7 ~ Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: ~c)~,_¢L{~[_lr3~ ~4_1r3C~ ~--~ (b) Mailing address: [~ --~0 ~ (c) Telephone number: Area Code _(~ 7'5c( -¢[ 5 1 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [--] No [] If yes, which state or federal agency? L~t~,q, .~ ~r)F'5-~t~3t/3 C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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. See LWRP Section III - Policies; Page 2 for evaluation criteria. [~es [~ 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 III - 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/ection III - Policies Pages 6 through 7 for evaluation criteria ~-I Yes ~ No [] Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policyr/4' Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Secti~KIII - Policies Pages 8 through 16 for evaluation criteria ~ i Yes ~ No [~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Polic. jes Pages 16 through 21 for evaluation criteria t22 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 III - Policies; Pages 22 throug/b 32 for evaluation criteria. Yes No ~Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~] Yes ~] No [~ot Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and waste~/See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes ~ Nol--~.ff~ 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 eg--2 No t~ Not Applicable Attach additional sheets if necessary WORKING COAST pO~I~cIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable Iocations~ldWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. [] Yes r~ No I~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonic Estuary and Town w~fers. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. []Yes [] Noel I Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 6~[,hldough 65 for evaluation criteria. I~1 Yes [~ No [~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies;/l~ges 65 through 68 for evaluation criteria. ~ Yes ~] No~l"l Not Applicable 2500 So~ndview Avenue POBox 378 Mattit~ck, Ny 11952 October 17, 2006 Fax # 765 6641 OCT I 7 ~"" Board of Truetees, Tow~ of southold. Ref: Peliti0ne~. ~n Krupskl Property Location- 2230 Soundvie~v Avenue, Mattituck, NY 11952 Dear Trustees, I am the resident, owner at 2.500 Soundview Avenue,Mattituck, property adjascent to the above property of peliti{)ner, I have several concems~ about the reques~ if Ihe petitk)ner. As I understand it, the pond in question is a designated wet land. I believe the rule r.~_~..a?g ~, ,or. atier .atio?.of such.,We! land is .lt~. a distance 100 feet (it may be 1/..,.~. ) from me we~.an~ I~ reqlreO In order [p ao any construclion or major alteralion. The pet~,on.eers property e..xte, nds for. sevedal h~ndr, e.d feet 1rom the we~and. There is abundat ~B7 putting the..d~e.w..ay so, e!,.os~, t?, the ~.nd,..'rt is very_ possible lhat the use of he ,?rn/.eway ,may els~uro me W~ll~e ~n me po~3. ~-rogs, r~;h,talles and num~ous birds etc. m/e.~n ~ ~.o?d ~ po.nd. ~ pond. is I~rimarily fed by runoff. Noise and chemicalsgoil ,a.no .[lasame~ ~ me . ,a~., ar~.~c~, lemon, al chetnicals, such as salt etc. would leach The. d.r. awtng submitted by the .petitioner, shows a hedgerow (referred to as "brush") on pen ,m~r of.the po.nd .The .1~. '~ner has a~ready removed the row of Wiid. Grapre and wild or,.us.n, from me.w,es~ ano soum s~oe of ~ pond.as well as several Imss. Birds and othe~ w~ldlif~ used th~s neogerow for sh .el.el.el.el.el.el~ and ~f(~od_ By doing lhis, they have exposed the ,po.nd to passersby on. SOunoview Avenue,, The petiofle.r wants to remove the water .,L0. [us (refemred to as Lilllas"). I If you gr~nt them pen'n~sion to remove the Lotus from me, ,pond. I wish, t.o ~ assured that they will not remove any vegatatoion from my properly ..wn[cn e .xm.n?, s mm ~ po~ for about 30 ti~eL And If ~ do remo~e the vegetation froim me~r.par~ ~ me pone me}' (3o.it in..a safe weY and not disturb the other vegetation in the por~ or diSlurb the ~tlJ~al" ~y ~ in ~ ~. Harold Gordon COUNTY OF SUFFOLK SOIL AND W~TER CONSERVATION DISTRICT FAX: (631)727-3160 Stev~ Levy DISTRICT M~A~AGER (631)727-2315 November 27, 2006 James F. King, President Town of Southold Board of Town Trustees 53095 Route 25 PO Box 1179 Southold, NY 11971-0959 RE: Maryann & Eugene Krupski 2230 Soundview Ave, Mattituck SCTM# 1000-100-2-3 Dear Mr. King: In my letter dated October 16, 2006 1 made recommendations to the Krupskis based on a previous site visit as to what is needed in order to restore their pond. I provided general recommendations regarding how to remove the invasive plants and I provided a recommended depth for the pond. A more specific restoration plan for the pond is required, including: timing and method of pesticide application, as well as excavation and planting details. However, this is not something my office can provide, the Krupskis need to consult a professional landscaper or wetland scientist. It is of extreme importance that the aquatic herbicides be applied by a certified pesticide applicator. Happy Holidays! Best regards, Nicole Spinelli Soil District Technician Cornell Cooperative Extension Building * 423 Griffinq Avenue * Riverhead, NY 11901 f ~/'o/F G~oOt' ~.ocp''°H ,~- UHK~ 80 / ,I/~ -- x / / / \ / \ / / 90 / GO~O0~~ ~o~':0 tal'O/F '~-Ss~..<s~o¢' - / / / // // \ \ \ \ \ ,,' / / / / / / \ / \ / / 8O ~0 / }& TownHall 53095 Route 25 P,O. Box 1179 Southold, NY 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 To: A~dy Eppel From: Lauren Fax: 765-2715 Pages: 5 Phone: Date: Sept. 12, 2006 Re: Possible Clearing Violation CC: [] Urgent [] For Review [] Please Comment [] Please Reply [] Please Recycle · Comment As per our conversation this AM, Sanford Hanauer 298-5660 called the office and stated that the area around the pond had been cleared. I spoke with him again today and he said the clearing took place over the weekend, and to his knowledge, no further clearing was taking place today. Let me know if you need any other information. Thank you. James F. FAng, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 November 15, 2006 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Eugene Krupski 29 Frank Ave. Farmingdale, NY 11735 RE: 2230 SOUNDVlEWAVE., MATTITUCK SCTM#100-2-3 Dear Mr. Krupski: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed, November 15, 2006: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit #6264 to install a pervious driveway no closer than 50' from the edge of the wetland boundary, and as depicted on the survey received on September 25, 2006. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, President, Board of Trustees JFK:lms James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Town Hall 53095Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 November 1, 2006 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ms. Nicole Spinelli Soil District Technician County of Suffolk Soil & Water Conservation District 423 Griffing Ave. Riverhead, NY 11901 RE: MARYANN & EUGENE KRUPSKI 2230 SOUNDVIEW AVE., MATTITUCK SCTM#100-2-3 Dear Ms. Spinel[i: With regard to the above-referenced property, the Southold Town Board of Trustees is in the process of reviewing an application submitted by MaryAnn & Eugene Krupski to restore a pond located on their property. The applicant provided our Board with a copy your letter dated October 16, 2006 outlining your observations and recommendations regarding the restoration of the pond. Our Board referred the proposed plan to Mark Terry, the Local Waterfront Revitalization Program Coordinator for the Town of Southold, for review and a copy of his response is enclosed. At this time, our Board is seeking recommendations from you on the proposed action in response to Mr. Terry's recommendation. Please don't hesitate to contact our office at (631) 765-1892, should you require any additional information. Very truly yours, amies F. King, Presi~nt Board of Trustees AJK:lms Cc: Mark Terry, Senior Environmental Planner & LWRP Coordinator COUNTY OF SUFFOL~ SOIL AND~TER CONSERVATION DISTRICT FAX:(631)727-3160 Steve Le~ Thomas J. McMahon DISTRICT M~C~ER {631)727-2315 October 16, 2006 Maryann & Eugene Krupski 1095 Track Ave Cutchogue, NY 11935 Dear Mr. & Mrs. Krupski: As per your request a pond evaluation was conducted on October 16, 2006 at your property - 2230 Soundview Avenue in Mattituck; SCTM# 1000-100-2-3.0. The pond is currently in an unmanaged state and is overgrown with several aquatic weeds. The following are the observations and recommendations regarding restoration of the pond. The pond is approximately ½ acre in size with shallow depths along the periphery; the actual depth of the pond could not be determined. A pond liner was not observed although the bottom has most likely sealed over due to sedimentation. Surface elevations at this location are approximately 60-65 feet while the groundwater elevation is at approximately 3 feet. Therefore this pond is surfacewater-fed and not groundwater-fed. As per the Suffolk County Soil Survey, the soil type is P1B-Plymouth Sandy Loam. There is an existing grass buffer around the perimeter of the pond. The pond has been overtaken primarily by Lotus, Nelumbo nucifera. This is a non-native potentially invasive plant. Other plants observed where Duckweed, Lemna minor, and Common Reed, Phragmites australis. Phragmites is a highly invasive plant while Duckweed is usually indicative of an over-abundance of nutrients in the pond. The nutrient source could be the decomposing Lotus plants, nutrient laden runoff water flowing into the pond, failing septic systems or any combination of these sources. I have enclosed fact sheets on all three of these plants for your reference. In order for a pond to be self-sustaining (maintain its water level and limit weed growth) the recommended depth is 6-7 feet; an 8-foot depth (over a minimum of 1,000 square feet) is necessary to stock fish in the pond. A minimum depth of 3 feet at the shoreline will help to discourage weed growth. You have indicated that you would like to apply an herbicide (Shore Klear), active ingredient - glyphosate, in order to control the Lotus. However, this herbicide is most effective during the late summer and early fall when the plant is translocating nutrients to the rhizomes, or underground stems, in order to store food for the winter. Therefore, it is highly recommended to wait until 2007 to apply the herbicide to both the Lotus and Phragmites. In the interim it is advised to clear the perimeter of the pond and also to excavate the pond to the depths mentioned above. Draining the pond prior to excavation will facilitate the process. During excavation it is critical to remove every bit of the Lotus and Phragmites. Both of these plants spread aggressively via COUNTY OF SUFFOLK~ SOIL A~D WATER CONSERVATION DISTRICT FAX:(631)727-3160 Steve Levy Thomas J. McMahon DISTRICT M~GER (631)727-2315 underground rhizomes and fragmented pieces of rhizomes will grow into new plants. Often these invasive plants are spread by construction equipment both at the current site and to new sites because of this reason. Once the pond is fully excavated it will most likely be necessary to line the bottom with either a geotextile material or bentonite clay. This may be necessary because in general, Riverhead Sandy Loam soils are highly permeable and there is concern of seepage through the bottom and thus a resulting decline in the water level. The pond probably did not require a liner in the past because silts have seal it over. However, during excavation this seal will be broken and it will be extremely difficult to maintain a pond without some sort of liner. Next it will be necessary to revegetate and maintain a 50 - foot grass buffer around the perimeter of the pond. The recommended species are creeping red fescue and/or tall fescue. Fertilizer and/or pesticides must not be applied to this buffer. The grass will act as a filter and remove nutrients and sediment from runoff water flowing into the pond If the Lotus and Phragmites grow back after the excavation it is advisable to apply Shore-Klear Aquatic Herbicide in the late summer or early fall. The EPA registration number for this product is 228-365-8959 and the label information can be found at http://132.236.168.120/ppds/69141 .pdf. It is important to point out that this herbicide is a restricted use chemical and can only be applied by a certified pesticide applicator. Although this herbicide may be applied as a broadcast spray, the most environmentally sensitive method is to cut the stem and then wipe the herbicide on the cut stem or the product may be wiped directly onto the foliage. This method ensures that the herbicide reaches only the target species and that there will be minimal application to the pond water itself or surrounding environment. If and when the Duckweed returns it can be controlled by continual manual removal with a skimmer. It is also essential to limit the nutrient input into the pond, as excessive nutrients are a major contributor to Duckrweed over-growth. If you have any further questions or concerns, please do not hesitate to contact me. Best regards, ~ic~te ~?ineH i Nicole Spinelli Soil District Technician Plea by Mail (NOT FOR VTL VIOLATIONS) TO PLEAD GUILTY: COMPLETE THIS FORM AND MAIL OR DELIVER TO: Southold Town Justice Court 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 TO THE PRESIDING JUSTICE AT THE SOUTHOLD TOWN JUSTICE COURT: ~, MaryAnn Krupski , residing at 1095 Track Avenue~ Cutchoque, New York have been charged with a violation of section 275-5 , under the Code of the Town of Southold. I hereby elect to dispose of this matter without appearing in open court. I hereby waive arraignment in open court and the aid of counsel and understand that a plea of guilty is the equivalent to a conviction after trial. I hereby plead guilty to the offense as charged and elect and request that this charge be disposed of and a fine/penalty be fixed by the Court. I understand that the agreed upon penalty is contingent upon the Court's approval, and that my appearance may be required on a future date if the negotiated disposition is not accepted by the Court. Defendant did remove veqetation from fr~hw~tpr wetlands without a permit. Date: !Q I'~ I(~ SIGNED: TicketJSummons #: A-4786 Fine Recommended: $1,ooo.oo 'A'4786 Towo ol $outhold Sutlolk County, NY The People o! the State of New York YIN NUMBER THE PERSON DESCRIBED ABOVE IS CHARGED AS FOLLOWS COMpL~NANT MARYANN KRUPSKI EUGENE P. KRUPSKI ~a~o~?~s :L 0 J. '1 CUTCHOGUE, NY 11935 PAY TO THE t~ DOLLARS ~ I ~65 South ~,ter ~y ~ad ' 2500 So~ndview Avenue POBox 378 Uattl~, Ny 11952 October 17, 2006 Fax # 765 6841 Board of Truetees, Tow~ of soulheld. Ref: Petia3. . Kmpski Property Location- ~30 Soundview Avenue, Mattituck, NY 11952 Dear Trustees, I am the resident, owner at 2500 Boundview ^venue,Mattifuck, property adjascent to the above property of pelitiener, I have several (x)ncems~ about the reque~ if the As I understand if, the ~ in question is a designated wet land. I believe the rule me w .e~ .I,S r .~.~e~ ~n omer tP oo any construclion or major altorafion. The ?ers property .e~e. n~s tor. several h~Jnd.md, fe~lrom the welland. There is abundat pumng the..d .ew..ay the is possi U at use he e ~n and around the pond. The pond is I~dmmily fed by runoff. Noise and chemicalsgoil gasoline) from the ~ and snmv, r~ce ~ chemicals, such as salt, etc. would leach The. d.r. awing submitted by the .....~ner, shows a hedgerow (referred to as "brush") on .peri .m ,l~er of.the po .r!d .The .p~. 'loner h .a:,.s a~ready retool, ed the row of W'dd Grapre and wild or, us?. Trom me ~ arm so~n side of ale por~.as well as .?. eral Ir_~-~__. Birds and other w~.e used this. neage..row .f~r.shel~. and _f~3d. By.do!ng lh~s, Ihey have exposed the .po. a to passe.r~), y on ~unavtew Avenue. I'he petioner wants to remove the water ?[us (refe .n~d. ~o as 'Lillbs'). I If you grant them permission to remove the Lotus from me. ,pond. I wph, t.o ~ asSu .r~l. that. they will not remove any vegetatofon from my property ..wn!cn ex~enas ~nm me pond mr al)out 30 feel And if they do remove Ihe vegetation froim _m_e_~r.,~tf~ ~pond~ ~ do ? in..a safe .w.e~y and.not disturb ~e other vegeta~n in the ponu or msmm me -nmurar aay ~ng in th~ pona. ? Harofd GoR~n Go To:I From: Chris Pickerell [mailto:cp26@cornell.edu] Sent: Thursday, October 12, 2006 11:50 AM To: Cusack, Heather Subject: Re: hi I can't say I have ever dealt with this species .......... maybe she can sell it to someone who builds ponds, etc. I would think that they would want some. Seems like the local guys are getting into pond stuff lately. There are a few place on the Island the specialize in aquatic plants. There is a place in Northport (Scherrer Bros. or Sons [spelling?]) that sells pond plants. I'm not sure what to tell you except that I would think that physical removal is necessary. You might need LOTS of herbs, to kill this plant off ......... To: Chris Pickerell Sent: Thursday. October 12, 2006 11:36 AM Subject: RE: hi I found Lotus on google- that is it! Weird plant. What do you know about it? It was planted there. The new owner wants to get rid of it. Any suggestions? She wants to use an herbicide.; or remove w/a crane. Page 1 of 1 0 0 0 0 http://andromeda.cavehill.uwi.edu/Aquatic Vo20plant ¼20photos/Lotus Vo20flow% 20an Vo2... 10/12/2006 Telephone (631) 765-1892 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southoid Town Conservation Advisory Council held Wed., October 11,2006, the following recommendation was made: EUGENE AND MARYANN KRUPSKI to clean up and restore the existing pond to include the removal of~lieslone tree, brush and poison ivy, and relocate the driveway. Located: 2230 Soundview Ave'., Southold. SCTM#100-2-3 Inspected by: Peter Young, Jack McGreevy The CAC recommends the applicant submit a professional and detailed environmental review of the impact clearing around and within the pond would have. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Rou~ 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (6~1) 765-1892 Fax (631) 765-6641 BOARD ( TOWN OF 5 Southold To~vn Board ol Field Insl: n Report Date/Time: Nm'ne of Applicant: Name of Agent: Property Location: SCTM# & Street Br/efDescription of proposed action: Type of area to be impacte. J: Saltwater Wetlandv', Freshwater Wetland Distance of proposed work to edge of above: P~chOf Town Code proposed xvork falls under: apt.97 Chapt. 37 other Type of Application: ~etland __Coastal E~ __Emergency Info needed: ? ~c.,, ~ r,~ l'~ / $~t~m, Modifications: __ Sound Front Bay Front osJ >n __Amendment __Adm/nistrafive i /D. B ergen.._~ .1-1~ Mailed/Faxed to:' Date: 1 Agency ~ f~ Division/Precinct New York State 30RI 4. ,;~'Orig 5. Case No. 6 Incident No 16. Incident Type 17 B~iness Name 18 We~n(s) A 19. Incident Address (Street ~o., Street Name, Bldg~ No, Apt No ) B ~E/No NAME {~ST~ RR~, MI~E, ~E) ~ ~ STRE~ NO., STRE~ N~E, ~. ~.. A~. NO.; C~, STA~, Z(P T~ No. '.~/~~Rep~ micor Signature (1~ Rank)__ ~C ~ 79 Supo~i~r's Signature (Include Rank) 84.-/Page NoCust~y ,Arrest-Juv ~,nderDead ~E,rad. B,clin. ,,nk .... 0z ]/~ ~ Pages DCJS-3205 (10/03) *FALSE STATEMENTS ARE PUNISHABLE AS A CRIME, PURSUANT TO THE NEW YORK STATE PENAL LAW. 'A'4786 Town of Southold Suffolk County, NY The People of the State of New York vs. VIN NUMBER ZONING D/STRICT: FIRE DISTRICT' 30 SCHOOL DISTRICP 9 TEST HOLE 710BLOB BY MacDONALD GEOSCIENCE BROWN LOAM - INDIV~UA~L ~pTIC SYSTEM - EL£CrRIC OL THIS IS TO CERTIFY THAT THE SUBDIVISION pLAT HAS BEEN APPRo.VED. BY THE pLANNING BOARD OF THE TOWN OF $OUTHOLD BY REsoLUTION OF APPROVAL DATED CHAIRMAN pLANI~NG BOARD 80 HIS SUBDIVISION pLAT WAS MADE FROM I HERBY CERTIFY THAT ? ....... ~=.~ THAT ALL MONUMENTS ACTUAL SURVEYS COMPL~.IC.U LY EXIST AND THEIR pOSITIONS ARE W THUS:· ACTUAL OBETIC DETAILS ~HoORR~CTL Y SHOWN AND ALL DIMENSIONAL AND GE ARE CORRECT. JOHN T, METZSER~ N,'foS, L,S, LIC. NO. ~gBt8 \ \ \ I HdD' .6o SUBDIVISION OF KRUPSKI FAMIL Y, LL C TO fC.N O? $0 U?HOLD SUFFOLK COUNTY, N.Y. 1000-I00-0 -03 SCALE: 1 FEBRUARY 24, 2005 JUNE 15, 2005 OCT 3 1 2003 LONG AV~Z, Ue KEY MAP ~°/7'E' SCALE' I'= 600' ROAD SUFFOLK COUNTY DEPART/dENT OF HEAL TH SERVICES NAUPPAUGE~ N. Y, DA TE THIS IS TO CERTIFY TRA T ThE pROPOSED REALTY b~JBBIVISION OR IN THE DEVELOPMENT FOR MTN A TOTAl. OF__LOTS WAS .appROVES ThE ABOVE DATE. WATER SUPPLIES AND SEWAGE DISPOSAL ~-i~cILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT TEE TIME OF CONSTRUCTION AND ARr SUBJECT TO SEPARATE ~ERMIT~ PURSUANT TO THOSE STANDARDS .THIS AppROVAL SHALL BE VALID ONLY IF THO,REALTY SUBDIqI.cinN L DEVELOPMENT I&AP IS DULY FILED THE COUNTY CLERK WITHIN ONE yEAR OF THIS DATE. CONSENT lB HEREBY GIVE]~ FOR THE FUNS OF THIS MAP ON WHICH THIS ENDORSEMENTAPP~'ARS' IN THE oFF CE OF THE COUNTY CLERK IN ACCORDANCE WITH pROVISIONS OF THE pUBLIC HEALTH LAW AND THE SUFFOLK COUNTY SANITARY CODE. P,E. DIRECTOR, DIVISION OF ENVIROMENT QUALITY OWNERZI APPLICANTS THE KRUPSKI FAMILY L/M/TED L/ABILITY COMPANY 1055 OREGON ROAD MA TTITUCK, NEW YORK 1/952 HOUSE TYPICAL PLOT PLAN TYPICAL WELL (NOT TO SCALE) ANY ALTERAtiON OR ADDISON TO THIS SURVEY IS A WOLAtiON OF SECtiON 72090F THE NEW YORK STATE EDUCAtiON LAW EXCEPT AS pER SECtiON 7209-SUBDIVISION 2. ALL CERTIFICA770NS HEREON ARE VALID FOR THIS MAP AND COPIES ?HEREOF ONLY IF SAID MAP OR COPIES DEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. I HEREBY CERTIFY THAT THE FtATER SUPPL Y¢SJ AND/OR ,SEPtAGE DISPOSAL SYSTEM(SI FOR THIS PROJECT WERE DESIGNED BY.ME OR ,UNDER MY DIRECTION BASED ON UPON A CAREFUL AND THOROUGH STUDY OF THE SOIL. SITE AND GROUND WA TER CONDITIONS~ ALL LOTS AB PROPO6'ED~ CO~NFORM TO THE SUFFOLK COUNTY DEPARTMENT OF' HEAL TH SERVICES COINSTRUCTION STANDARDS IN EFF'~-CT AS OF THIS DA T£, JOSEPH FISCHETTE, P.E. ,¢J~EAS LOT 1'= 63,55~ sq. ft'or d.4589Acre LOT 2 = 55.9985 ACRES TOTAL ACRES= 57.4574 ACRES fa =MONUMENT · =PIPE CONTOUR' LINES ARE REFERENCED TO THE FIVE SAS TERN TOWNS TOPOGRAPHIC MAPS \ \ \ \ \ \ ,, \ .50 ' CONfC (E Il) 765-5020 P.O. BOX 909 ~ 1230 TRAVELER STREET SOUTHOLD, N.E 11971