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Home My WebLink AboutTR-5631 Jill M.Doherty,President zf sooryQ Town Hall Annex Bob Ghosio,Jr.,Vice-President ,�O l� - 54375 Main Road P.O. Box 1179 James F.King Southold, New York 11971-0959 Dave Bergen G C John Bredemeyer Q Telephone(631) 765-1892 IyCOUlm'� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0717C Date: December 21, 2011 THIS CERTIFIES that the construction of a single-family dwelling, decks, pervious driveway, sanitary system gutters to leaders to drywells to contain roof run-off, a 50' Non- Disturbance Buffer which is to be maintained At 1460 Lake Drive, Southold,New York Suffolk County Tax Map# 59-1-21.6 & 21.7 Conforms to the applications for a Trustees Permit heretofore filed in this office Dated May 2, 2002 pursuant to which Trustees Wetland Permit#5631 Dated April 28, 2008 was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the construction of a single-family dwelling, decks pervious driveway, sanitary system, gutters to leaders to drywells to contain roof run-off,• a 50' Non-Disturbance Buffer which is to be maintained The certificate is issued to GREGORY MAZZANOBILE owner of the aforesaid property. tv ithorized Signatur CC# : C11-48553 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OFSUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 12/30/2011 under Liber D00012680 and Page 911 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 12/30/2011 SUFFOLK COOUNT///Y� CLERK 7 JUDITH A.PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 12/30/2011 Number of Pages : 7 At: 09: 05 :24 AM Receipt Number : 11-0141948 LIBER: D00012680 PAGE : 911 District: Section: Block: Lot: 1000 059. 00 01 .00 021 .009 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35 . 00 NO Handling $20 .00 NO COE $5 . 00 NO NYS SRCHG $15 .00 NO TP-584 $0 . 00 NO Notation $0.00 NO Cert.Copies $8 . 75 NO RPT $30.00 NO Fees Paid $113.75 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 0F21 �• Number of pages RECRCiED_ i 1 iiec 1- i 19: ;.,_ 3U111TH H. PH'=CHLE CLERK: OF This document will be public UPFOLK COUNTY record. Please remove all L D00012,680 Social Security Numbers P 91I prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/ Filing Fee ��_ Mortgage Amt. 1. Basic Tax _ Handling 20. 00 2. Additional Tax _ TP-584 Sub Total _ Notation _ Spec./Assit. EA-52 17 (County) Sub Total or Spec./Add. EA-5217 (State) TOT.MTG.TAX Dual Town Dual County_ R.P.T.S.A. u! / Held for Appointment Comm. of Ed. 5. 00 Transfer Tax Affidavit .' Mansion Tax �, -7 5 The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 Sub Total 7 S' family dwelling only.Other YES or NO �SGrand Total 1 3 If NO, see appropriate tax clause on page# of this instrument. 4 1 Dist. 1000 05900 0100 021009 5 Community Preservation Fund Real Property R T S Consideration Amount $ Tax Service R SMI A Agency CPF Tax Due $ Verification 30-0EC-1 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved RECORD & RETURN TO: Vacant Land TD TD �v'bCX �,� N`� IZJ1 TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny.gov/clerk e Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached made by: (SPECIFY TYPE OF INSTRUMENT) Iy The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of In the VILLAGE or HAMLET of o 04.BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DECLARATION OF COVENANTS DECLARATION made this—day of 6-Geo% 201L by Gregory and Beatrice Mazzanobile, residing at 184 Warren Street Apt 2;Brooklyn, NY11201,as owners as tenants by the entirety, hereinafter collectively referred to as "DECLARANT": WITNESSETH : WHEREAS, DECLARANT has title to certain land situate, lying and being at 1300 Lake Drive,Town of Southold, Suffolk County, New York, SCTM#1000-59-1-21.9 said land being more particularly described in Schedule A which is attached hereto;and WHEREAS,the Property is situated in or adjacent to lands activities upon which are regulated by the Town of Southold Board of Trustees pursuant to Chapter 275 of the Town Code of the Town of Southold,as may be amended, and various activities conducted upon the property are subject to the jurisdiction, regulation and approval or disapproval of the Trustees prior to being conducted; WHEREAS,the DECLARANT has applied to the Town of Southold Board of Trustees for a Wetland Permit for approval to undertake certain regulatory activities on the property described in Schedule A and known as SCTM#1000-59-1- 21.9, and as depicted on the plans prepared by Joseph Ingegno last dated July 7, 2004;and WHEREAS, the Town of Southold Board of Trustees, as conditions for the issuance of such Wetland Permit, required certain covenants and restrictions be placed on the property as shown on the aforesaid plans. NOW, THEREFORE, this DECLARANT witnesseth: That DECLARANT, for the purpose of carrying out the intentions expressed above does hereby make known, admit, publish, covenant and agree that the said property herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding on all purchasers and holders of said premises,their heirs, successors, and assigns to wit: 1) The grant of a Wetland Permit for the construction upon establishing a single family residence shall be conditioned upon establishing and subsequently maintaining a fifty(50)foot non-disturbance buffer as depicted in the attached survey and dated and approved by the Board of Trustees on April 28, 2008 and identified as SCTM#1000-59-1-21.9, within perpetuity. 2) These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of the Town of Southold Board of Trustees after a duly noticed public meeting. Adjoining property owners shall be entitled to the notice of such public meeting by publication or as otherwise deemed sufficient by the Board of Trustees but their consent to such modification shall not be required. 3) It is the responsibility of any party having any right,title or interest in the Property to consult Chapter 275 of the Town Code of the Town of Southold, as may be amended, and to obtain from the Town of Southold Board of Trustees review and such approvals as may be required by Chapter 275 for activities regulate therein on the Property. 4) Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants. 2 THE FOREGOING covenants and restrictions shall blind the DECLARANT, its heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises of any part thereof by transfer or otherwise. r IN WITNESS WHEREOF,the owner(s) has/have duly executed this instrument this4day of l��u—, 20 ( . 2 n_^ OWNER'S SIGNATURE 1' �"�'� OWNER'S SIGNATURE STATE OF� ss: COUNTYOF 2 L �D On theZZ daywof Y uc ✓ e� in the year 20 t I , before me the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the indi id I( )whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity,and that by his/her/their signature(s)on the instrument,the individual or the persons on behalf of which the individual(s)act cuted the instrument. No ry blic JAME WALtACE Ndry poft.Stab of New York No.0IVVA190914 Q MN M in Wnwhosw C IAr COIIM OU"W" 8 4 a 3 SURVEY OF LOTS 6 & 7 'ori-Iiom: ..lun \ �,o`'°/ •r '�;V SUMMSION MAP FOP . fs CONSTANTINE P. GEORGIOPOULM s ium�aa¢Iw rT, a,mmr / drys - nle n..nu men D AT za. lau zea" raemooem..® Y SlTUd 2E AT m. aa...o.;oE �A..�."Lw'- `�` `.`o• 9'6 _ SOUTHOLD .-+arwaac-ul.mum,sa n e,vror eoez� e'?,,A- WI. i �, f + TOWN OF SOUTHOLD slpm.w9m ewers+m -ras c r , � s SUFFOLK 'COUNTY. NEW YORK ALs�erar•v na1Pr.1v smow wrm �0' s as+a.n away.rwerml_rws.-rm 11 - S.G. TAX No. 1000-59-01 21.c AIL 1'BC TEST BOLE Da�e 7000 59 0--_1 AIE =8D' 1J jy'' fras]xae ac ar.�.�.,• rmawn a.�ooL MUCH 28, 2W3 c Mide6r - ,(�Y SC Tli 1A, IPorl-50--01 21.8 _i J11LY IY LpS.'ll�RT.VpS u'a`ac a,srr"loreMO ae`¢C'®.rv:ra ream 9r AL �`` tlic LOT AL / , v }, M1�. m m• ].xaoa relann ciurra lap4v g� /1 ' .,c rr.'�Y11`i 1 ame s.xPoa ra®.nmxo�swrury s}sm _... - _ A � `�1.¢,\� / .fir +�� (� wr �'l• �4�y ag+F.. � .w+,.xr 1°ii'°°Ili� svatuipe1l°°em�TOw"��ii,x,mr- b `xA`' .�wa a vQM ' riE w]w,aa \y' GV ,i14 ,;� �; �c •,,®n�•g, -- '9Y✓ .�0 � �. +i..r].aw.vo rwor.snc srs,ur�mrr (� s � } l A�6 ap. fl SEP77C SYSTSr t ` AL 'L .'� � � r `"d9-� �1 y / / �!'1'd�'s RETAINING WALL DESIGN BY. WON RSCHI. �. \ •> 4'` .-<. J�//. / J �r - yt� \ 17M H08AU ROADPE SOUTNDLD, NY 11971 E- V✓e� / N/ j]�!/ 't�' aS 631-)85-2954 AIL __ sew nr om-asal xl].,yam a?* i ' a 9 AMID Q—lmfxU,y PROPOSED SEPTIC.aSYSTEM DETAIL i i �- �mLL F. IR Ml� "'ra ��ti aavn .mw r .� ennr """ '•` - „� ] , < Y APPROVED BY 53 f j BOARD OF TRUSTEES e.na"eta Joseph A. hgegno \�` °° r '� e TOWN OF SOUTHOLD U'-" Land Surveyor .IL l�idy886 61®Y �. p6� • / e � � �` � 0 8101E(6i1P9-3W11 rq(8]1)]x]-:]P �' °F9Y:rLG1®.] 416An emE6 s u.w.w nr.vm w..rallvoi e..�a.w.a`i..Iw'm,-we AN 10t30A FROM:PROPER-T SERVICES 631 734 7463 TO:12013773093 P.3/7 BOARD OF SOUTHOLD TOWN MUSTM SOUTHOLD,NEW Yo PERMIT NO.M, DATE: ISSUED TO: GREGMY A77AN0 1M PROPERTY ADDRESS:1W LAIC DBL.SOUMOLD S�,-21.68s21.7 AUTHORIZATION Pursuant to the provaime of Chapter 275 and/or Chapter i 1 i of a Town Coda of tb Tows of Southold and in aanodreeon of aWkat on in in the act of by tQpBgry�MSUNK&Be end to the Tams and Conditions,the Southold Town Bond of Tnaeas and pateb the tbllowuW.. Wetland Permit to swostract a eiogbdamily dwd' deelu,pervions driveway and saAitary system,as depicted on the survey prepared Joseph A.Jagagao last Jay 7,2004 with the following conditiom:a 50'no*-dbtu ce buffer,gettet'a and drywelb are installed to contain roof rang cad in earn ante with Chapter 236 of the Town Code-Storeewater Management,and the placement f a contionons row of staked bay bales along the upland edge of the non-disturbance b r zone prior to any contraction activities. IN W11NESS WHEREOF,the said Board ofTnuum hereby its Capone Soul to be arf ed, and these lxvm t%to be aubaml od by a mgM*of the said BOW as of date. J King, Pr Board f Trustees rnn� T055-GU-LE9 LT:EL 600Z/bZ/f0 ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being known and designated as Lots 6 and 7 upon a certain map entitled, "Subdivision Map for Constantine P. Georgiopoulos," and which map was filed in the Office of the Clerk of the County of Suffolk on January 29, 1985 as File No. 7844, said lots being more particularly bounded and described according to said map �as follows: BEG1,dNIi`du ,.It a point cn filc ncrthvxstcrly i:!e of Lake t.)rive, said point being [11e division line between Lots 5 and 6, said point being also distant 1,277.69 feet southwesterly from the southerly end of a curve connecting the southwesterly side of Kenny's Road with the northwesterly side of Lake Drive; RUNNING THENCE from said point or place of beginning, along the southwesterly side of Lake Drive the following four (4) courses and distances: (1) Southwesterly along an are of a curve bearing the left having a radius of'639.14 feet, a distance 01' 15.18 feet; (2) South 31 degrees 47 minutes 30 seconds West, 50 feet: (3) Southwesterly along an arc of a curve bearing to the right having a radius of 1,371.86 feet, a distance of 98.17 feet; (4) South 35 degrees 53 minutes 30 seconds West, 176.04 feet to the division line hetween I,ots 7 and 8: TIIENCE along, said division line. Nort, 1d i rare, r 24 1??1mltes 30 soconds t've:;t. �70.60 fee[ to the southeasterly side of Central Drive; - THENCE along the southeasterly side of Central Drive, North 45 degrees 35 minutes 30 seconds East, 332.98 feet to the division line between Lots 5 and 6; THENCE along said division line, South 44 degrees 24 minutes 10 seconds East, 205.58 lect to the northwesterly side of Lake Drive, the point or place of BEGINNING. - 1 - a ff r" CC# : C09-27711 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OFSUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 07/14/2009 under Liber D00012593 and Page 464 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 07/14/2009 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 07/14/2009 Number of Pages: 5 At: 01:59:53 PM Receipt Number : 09-0079133 LIBER: D00012593 PAGE : 464 District: Section: Block: Lot: 1000 059. 00 01 .00 021.009 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $25.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15 .00 NO TP-584 $0 .00 NO Notation $0.00 NO Cert.Copies $6.25 NO RPT $30.00 NO Fees Paid $101.25 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County record. Please remove all _ rC:r_u7i2�a; Social Security Numbers '=`} prior to recording. Deed/Mortgage Instrument Deed 1 Mortgage Tax Stamp Recording/Filing Stamps 3 FEES f Mortgage Amt. — Page/Filing Fee - J_ 1. Basic Tax — Handling 20. 00 2. Additional Tax — TP-584 Sub Total — SpecJAssit. Notation or EA-52 17 (County) — Sub Total -D Spec./Add._ — TOT.MTG.TAX EA-5217 (State) Dual Town_Dual County— R.P.T.S.A. Held for Appointment Comm.of Ed. 5. 00 Transfer Tax — oMansion Tax — Affidavit The property covered by this mortgage is Certified Copy `� mil✓ '� or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other Grand Total /y a If NO,see appropriate tax clause on page# of this instrument. 4 Dist. i000 05900 oioo 021009 5 Community Preservation Fund Real Property P Y S Consideration Amount $ Tax Service R CWI A Agency l0-L`j� CPF Tax Due $ Verification Improved Satisfactions/Discharges/Releases List Property Owners Mailing Address 6 RECORD & RETURN TO: Vacant Land O ecva( / E . MC.--2"ctr�U TD j« t TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# s Suffolk County Recording & Endorsement Page This page forms part of the attached ptJ'�CL 4A%a v'r-e4� made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY,NEW YORK. If a portion of your monthly mortgage payment included your property taxes, 'you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 10' and on or before May 315t. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingvilie, N.Y. 11738 Shelter Island, N.Y. 11964 (631) 451-9009 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Souliiampton, N.Y. 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, q'L-L� a. Judith A. Pascale Suffolk County Clerk NOTICE COVENANT TO THE DEED DECLARATION THIS DECLARATION dated "_day of 2001, is made by r � k ct 6; (hereinafter the"Declarant"), whose address is - Yu-a—, V-ex+ kZ ,,;.,K 1 ., L Y t i 2e i WITNESSETH WHEREAS,the Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, State of New York, Tax Map # District 1000, Section 59, Block 1, Lot 21.9 which real property is more particularly described in Schedule A annexed hereto(hereinafter referred to as the"Property"); and WHEREAS, the Property is situated in or adjacent to regulated freshwater wetlands SO-5 of the Southold quadrangle,whichhavebeen inventoried and mapped by the New York StateDepartmentof Environmental Conservation (hereinafter"Department"),pursuant to Environmental Conservation Law(hereinafter"ECL")Article 24(also known as the"Freshwater Wetlands Act")and Part 664 of Title 6 of the New York Code of Rules and Regulations(hereinafter "6 NYCRR'J; and WHEREAS, various activities conducted both in and adjacent to freshwater wetlands are regulated by the Department pursuant to ECL Article 24 and Part 663 of 6 NYCRR and require written authorization from the Department prior to being conducted; NOW,THEREFORE,in recognition of the Department's jurisdiction as set forth above,it is the responsibility of a party having any right,title,or interest in the Property,to obtain from the Department or any successor organization, a current description of all activities which are regulated pursuant to ECL Article 24 and Part 663 of 6 NYCRR and to obtain written authorization from the Department prior to such regulated activities being conducted on the Property. Regulated activities include,but are not limited to clearing of vegetation; application of chemicals;excavation;grading and filling; and erection of any structures. By: T cD Vt n"c vf- STATE OF N OM ) LL ) ss. : .��lan COUNTY OF �)) q On the 7' reY• 'day of in the year 2q0 1,before me,the undersigned,a Notary Public in and for said state,personally appear� ed�i F h1 mm 6 ,personally known to me or proved to me on the basis of satisfactory evidence to be the peridn whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument,the person or entity upon behalf of which the person acted,executed the instrument. ,44LZ.., (�- 140&10 4A-4, NOTARY PUBLIC H [IS INDENTURE, made the 19`" day of March, 2009 1.'.f WEEN C'ONSTANfINE P. GEORGIOPOULOS and HARRIET GEORGIOPOULOS, as tenants by the entirety, both residing at 775 Scarsdale Road 20, Tuckahoe, New York 10707, New York, party of the first part, and GREGORY F. MAZZANOBILE and BEATRICE J. MAZZANOBILE, as tenants by the eintire'y, both residing at 184 n ,,,.ee , Apu121neni 2, Brooklyn. ivcik York i iGtJi, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars, and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the part of the second part forever, a11..:1�-ilaat--sertai+�-�Iei,-piece-.ez:-pacc�l-c�i=-la aut[•.iuiprraw:auuils,.. �la�c�n-�r�tcci-sittaat��ag:arid"b�tae��-xhe' ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being known and designated as Lots 6 and 7 upon a certain map entitled, "Subdivision Map for Constantine P. Georgiopoulos," and which map was filed in the Office of the Clerk of the County of Suffolk on January 29, 1985 as File No. 7844, said lots being more particularly bounded and described according to said map asi'r�a,`l['lOolus as follows: di a poini Gil thc: [iort[iwczi,crly siac ut Lake 1irl,c. Said point being the division line between Lots 5 and 6, said point being also distant 1,277.69 feet southwesterly from the southerly end of a curve connecting the southwesterly side of Kenny's Road with the northwesterly side of Lake Drive; RUNNING THENCE from said point or place of beginning, along the southwesterly side of Lake Drive the following four (4) courses and distances: (1) Southwesterly along an arc of a curve bearing the left having a radius of 639.14 feet, a distance of 15.18 feet; (2) South 31 degrees 47 minutes 30 seconds West, 50 feet-, (3) Southwesterly along an arc of curve bearing to the right having a radius of 1,371.86 feet, a distance of 98.17 feet; (4) South 35 degrees 53 minutes 30 seconds West, 176.04 feet to the division line between V ots 7 and R; Tl lEi`,CI, a!^„o paid di`:isian tine. Mori„ 44 d.�ures _4 n",i,,ates 30 .,..corals '710.610 feet to the southeasterly side uCCentral Drive; THENCE along the southeasterly side of Central Drive, North 45 degrees 35 minutes 30 seconds East, 332.98 feet to the division line between Lots 5 and 6; any streets and roads abutting the above described premises to the center lines thereof: TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; "TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way „t . .,_- t.• StI\�.Y41. cx..ep as atoresaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. "'tic word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. Harriet Georgio'ou & Constantine P. Georgiopoulos _MPKESENCE. OF: IN PR-sE:NCE OF: I " State of New York County of Westchester j On March 19, 2009 before me, the undersigned, personally appeared Harriet Georgiopoulos personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument or the persons upon behalf of which the individual acted, executed the instrument. 16 ...l a. � -- w:ty ,.,x i>v - State at Nbw yor" 6D No. 01 8 294 Qu d in ' Guatt k �%Mftlisvk n Eapiri u /ii to 2. Cfi March .. ; -- ' 2Ut?9 mhe -11 rskacd, personally appeared Com)tautitW P. Geor iopoulos personally knomi to me or proved to me on the basis of satisfitctorn evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument or the persons upon behalf,:of; which the individual acted, executed the instrument. FAZIA N.GLEN Notary Public.State of New York No.01GLOO7221 Camtnissan bcpires March 22.2t1_l:• ooamed in Queens County Tax Map No.. Dimrict twoo, z>ection 59, Block 1, Lot 21.9 Bargain and Sale Deed. with Covenant against Grantor's Acts Constantine 1'. Georgiopoulos and (larrict 6corgiopouios -to- Gregory P. Mazzanobile and Beatrice J. Mazzanobile Kccoid and Rctutlt b) illitil to: I-lori.ns & Associates PC: 309 Baldwin Avenue Jersey City, NY 07306 Jill M. Doherty,President �DF�'rC Town Hall,53095 Main Rd. Bob Ghosio,Jr.,Vice-President h�0 O P.O. Box 1 179 James F. King p Southold,NY 11971 Dave Bergen W T Telephone(631)765-1892 m John Bredeeyer A • Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1 at day of construction % constructed x Project complete, compliance inspection. INSPECTED BY: COMMENTS: Cc7N�o,E'lr�S 7-o J'�,E/Zlti�l r . _ �.f/T/h'l' l�',P6rJ ,lY�.ao i.✓.lJi .Jc_ H�iNI /�'i9� ,BF.F�/ X" 17-1 . A4RLPrz�c T�9TF CERTIFICATE OF COMPLIANCE: Jill M.Doherty,President QF suuryo Town Hall Annex James F. King,Vice-President �� 54375 Main Road Dave Bergen P.O.Box 1179 Southold,New York 11971-0959 Bob Ghosio,Jr, w ae John Bredemeyer �� Telephone(631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 21, 2010 Mr. Gregory Mazzanobile 184 Warren Street, Apt. 2 Brooklyn, NY '11201 RE: 1460 LAKE DRIVE, SOUTHOLD SCTM# 59-1-21.9 Dear Mr. Mazzanobile: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, April 21, 2010: RESOLVED that the Southold Town Board of Trustees grants the last One-Year Extension to Permit#5631, as issued on April 28, 2008. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office. Sincerely, • ila� Jill . Doherty President, Board of Trustees JMD:eac James F. King,President Of SOpryo Town Hall Annex Jill M. Doherty,Vice-President �Q 6 54375 Main Road Peggy A. Dickerson P.O. Box 1179 Dave Bergen Southold,New York 11971-0959 Bob Ghosio,Jr. Telephone(631) 765-1892 Fax(631) 765-6641 i BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 22, 2009 Mr. Gregory F. Mazzanobile 184 Warren St., Apt. 2 Brooklyn, NY 11201 RE: 1460 LAKE DR., SOUTHOLD SCTM#59-1-21.9 Dear Mr. Mazzanobile: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., April 22, 2009: RESOLVED, that the Southold Town Board of Trustees grants a One-Year Extension to Permit#5631, as issued on April 28, 2008. This is not an approval from any other agency. Sincerely, ' James . King President, Board of Trustees JFK:Ims James F.King,President y Town Hall,53095 Main Rd. Jill M. Doherty,Vice-President �. T P.O. Box 1179 Peggy A. Dickerson EO Southold,NY 11971 Dave Bergen 'f0 � �' Telephone(631)765-1892 Bob Ghosio,Jr. '! Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: Ch. 275 Ch. 111 / INSPECTION SCHEDULE V Pre-construction, hay bale line/silt boom/silt curtain 1 st day of construction % constructed Project complete, compliance inspection. INSPECTED BY: COMMENTS: CERTIFICATE OF COMPLIANCE: James F. King, President ��OF SO(/ryo Town Hall Jill M. Doherty,Vice-President 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson Southold,New York 11971-0959 Dave Bergen G �0 Telephone(631) 765-1892 Bob Ghosio,Jr. Ol�Ct7U Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 28, 2008 Mr. Gregory Mazzanobile 230 East 48" St., Apt. 5C New York, NY 10017 RE: 1460 LAKE DR., SOUTHOLD SCTM#59-1-21.6&21.7 Dear Mr. Mazzonobile: In accordance with the above-referenced and the court decision rendered by the Supreme Court, enclosed herewith is your Wetland Permit issued by the Southold Town Board of Trustees. Please be advised that the permit is valid for one-year from the date of the letter. You are required to contact the office for a pre-construction hay bale line inspection and a final inspection, as described on the attached inspection schedule. Feel free to contact our office at (631) 765-1892 if you have any questions. Very truly yours, James F. King, President Board of Trustees JFK:Ims Enc. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK PERMIT NO. 5631 DATE: APRIL 28,2008 ISSUED TO: GREGORY MAZZANOBILE PROPERTY ADDRESS: 1460 LAKE DR., SOUTHOLD SCTM#59-1-21.6&21.7 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter I I I of the Town Code of the Town of 1 Southold and in consideration of application fee in the sum of$500.00 paid by Gregory Mazzanobile and subjec to the Terms and Conditions,the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct a single-family dwelling, decks, pervious driveway and sanitary system, as depicted on the survey prepared by Joseph A. Ingegno last revis July 7, 2004 with the following conditions: a 50' non-disturbance buffer, gutters and drywells are installed to contain roof run-off and in accordance with Chapter 236 of the Town Code-Stormwater Management, and the placement of a continuous row of staked hay bales along the upland edge of the non-disturbance buffer zone prior to any construction activities. IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. O$VFFD(� J ies F. King, Preside a,ZO� CO Board of Trustees O f/J � W III G g TERMS AND CONDITIONS The Permittee, Gregory Mazzanobile,residing at 230 East 48"' St. (Aat.5C),NY, NY, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages,of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will,at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 12 months,which is considered to be the estimated time required to complete the work involved,but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved,to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice,to remove or alter this work project herein stated without expenses to the Town of Southold. 8. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety(90)calendar days of issuance of this permit. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. I zLZVA7MHS ARE REFERENCED TO HCY.D_. Im DATUM C� �y�,Lr O� COSTING'ELEVATIONS ARE SHOWN THIS:.r�' \Q:-A' j SUI VGE EXL4RNG CONTOUR.LINES ARE SHOWN TNOS: 4 -- ..L J _ _ PROPOSED El£YATION3: TH ARE SHOWN US: � p PROPOSED CONTOUR LINES ARE SHOWN 0m5 b L� 2 THE AI OS OF WELLS ORrua:o i OMEtS.EDN ARE r ow nFln ' ,; ="UBDMSl0A' AL/AP FOE E. FLOOD ZONE INFORMATION TAKER FROM: ' - \ •� CONSTANTINE r. GEORGIOPOULO. \ �C7 FILE No_ 78" =P_D JANUARY 29, 1985 FLOOD i1HLRANCc RATE MAP NR. 36103CO154 G \ ¢� `• � -\ ZONE FL AREA FLOOD F ElEVATKXi5.0ETEIDM&D Try A. �I= -•:'"UATcD Am Z°NE AIiDE OP>'J00-YFM FLDOD:./DPIS 6 ,DJ-YP./Jt Fl.WD� it AVEAM:E \\✓ � / - _ 2 "��I .�� S V V i HOLB DEPTH LTs THAN Farr oR wrtH °RAWAGE AREAS : nRT: l/{ Y�� T I IME.VIE:AND NElS PRJIE^.IEp.V{EyEES FRpu t01FYFM FU G. Ste. - r zOML ):. ARGE OEIK CAPACITIES 10 S OUTSIDE SOO . B ORMOM HOUSE �" U TOWN Of SOUTH OLD < MINIMUM SEPTIC TANKK-CAPACITIES FOR R 1 TO . BEDROOM NOUS y�2 /� �V \ ..F f 5. 1.000.GALLONS. I TANK W LONG. 4'-3'WIDE..6'-T' ODEP v� 1 ` Oh % \ S. MINIMUM LEACHUW.SYSTEM POR A I TO 4-BEDROOM HOUSE ° % I S. �E [ / SUFFOLK COUNTY, NEW (ORK 9 LLREA.IS 30U p. N. OEWA A 5 POOL: 2' DEEP, 8- Nls. c 1 -- �`FFEE -LI �y �'yrU ' � S.C. TAX No. 1000-59-01-21.f3 \ j A` 1000-59-01-21.? ®:PROPOSED LEALWNG POOL \. ',, -� ,. / TEST HOLE DATA SCALE 1"=50' ®PRUPO4ED SEPTIL:TMW / ^ '1 T. \ (TEST MOLE DUL BY NnroF••a n c/`rvFN^C MARCH 28, 2002 s. APPR3MIMATEI:Y 1.1 p0.au. yN. W CLEAN FILL TRUCKED IN \ '1.-� _ S.C. TAX No. IOOD-59-01-21 6 \T� FROM AN UPLAND SOURCE SMALL BE NETSIED FOR THE PROPOSED / _tF, j`v- / tY a2 O. JULY 19, 2002 ADDED WETLANDS SEPTIC SYSTEM. ,�^a" k^ AUGUST 13, 2002 RL115E0 511< PLAN II LO.T f o f z, y '� 63 NOVEMBER a VISE REVISED PROPOSED POOL V �L t UNE 8, 2003 REVISED PROPOSED SRNRAR SYSTEM FlIEq �. 'L / m,mu suo mlop AUGUST 7. 2003 LOCATED WETLANDS h \�fa ag j 11. pQ� \.,. \ BY pJ. LATT F BLUE E�` `, / /�� OCTOBER Z. 2003 REVISED.PROPOSED SANRARY SYSTEM `6 p/. < y INC �, OCTOBER 12.200 LOCATE ADDITIONAL WETLAND FLAcs DECEMBER 3,.2003 ADDED WELL LOCATION ACROSS STREET A JANUARY 12, 2004 REVISED SEPTIC SYSTEM TO MAP DATED AUGUST 13, 201 �, S8' o / MAY 13. 2004 REVISED PROPOSED HOUSE !' ' E ✓- J ,� EREEEAK�i}R ✓ p. JUNE 23, 2004 UPDATED PROPOSED SEPTIC SYSTEM k WAT LINE fill, BY �'Mw�E -.. e /� ,�I / �� JULY 7, 2004 REVISED PROP. SEPTIC SYSTEM LOCATION I`� ON,U. ^43� ~ V JG oan,IN waBLOAN TILE J AREA = 80,134.86 s ft. - 0 4 1.840 cc. ' 4 n� i SEPTIC SYSTEM B /, , ,•�, "• 'y / RETAINING W_4LL DESIGN' BY: OFEi�m1N'ATm wET1AbS 1 ' ! j � /�-- //\ " JOSEPH FISCHETTI, PE 1725 HOBART ROAD SOUTHOLD, NY 11971 0 1✓ / / r / ,/ �a� G L .i 4 .....> ,� .. a '+c l.// i, ! ;-"�.�^ o-° `�+.`/ 631-765-2954 J. y,I / 2°3 APdgtOVF. P�:,� S.C. TAX No. IOOD-59-01-21.7 , .. i `/ -:V ,/ -,2 p}1ve ANo NP.SflYl7VB � - / /-- LOT r-_ 1 l xi - � 7 a ! -" F PEabu � �d ` QT7�fU / l 1 JIUA. `Rfi s' _ •t`T. (, .` ,/,.'; r 3% av°°'E"O� LYAre THE\MAR EWFsxwAmT wEruNO fWUxDARr rs I 3° / \ 1 'w'+ - / PROPOSED SEPTIC SYSTEM DETAIL EOUAL'.TO EN-CONSULTNTs.MINE AS SHOWN NON wRHWLE \ I r Vy OEy.y� (NtR m ScuE"i ON TICSUREY SUWPEY PREPAREO,'WY JOSEPH[ 't�{�9 ,i1 � RN94D OMDE AaSN ce10E j NIGE0M0W.TT REVISED's a-O3 AND As I A Ai \�� ELtY. R.,' t1F/.6S AYa BELNGiFD fAPPWO�WTELY 13-10 FLAGS 2 % A. WRAI ON S 5 03 ` ' �C ' tij^ EDP O. ai' —1' Mx TOP/ e 4�O s .ZS ",•i•�••�.. ]� I 1` '.h / � w. C OIL\ �PiF s� T JYw/ -Y tl£ITwN £ iM.n 1/ / mo 'Ar/, ON. IT _ y- b POOL � � „ all �! ! l _ nslRaFlnx s61or--'--LeOr. rl a -� g �—_ SEPTIC TANK (I NwuuLEACHINGDEPrc Tar mv.m43 Eon. m a®Reau ilousE c I(Ip0 cntoraPOO c IS 1 ,`1 1iYL " pQ / 1 X / A�7'GEi., la. �0. caoeFE wu xwc A rwnu cau snaElmx ar anm w Ar m.ous NOV.mTeu iax., m a emNmu"ala s xo.,x sce+r...Nv. C� •• \ 'Y/, �. IIN]artsSNwt RE Y.A VIP IICo�.of e'uN r.B011ae nnms�of.'. IFiCiW Pa01E MK m E W WIWCItD OF nEU9/REsErsoED CONfAE1L m XL JOW S SHMI K ENFU m 11M MwTMN'�IeR1Dnimm, W IE1LIMO 91RR1W6."'U"eNL MID"SA6 AIg1J;L ra¢W Wo�. ( FMIY! y �' y J p - / ' f \ / 6 1NE IIRC TAIe(Y 9W1 E MMME1 R IfHI.N ML M611pK9 IMN A WY lttIMNCE W 3I/41 • A te�i,N'TMi.DISTMQ EIAIOI VIM,G MWS�Mjq'WE 9W K uVMNIIl. NOIRE mlw!eIm wN m ffw.PWAu. e. uin.mac WJemi,ul II/GIeC Pmts.WI swe T.vuu,RE uunxxm.baa 1 1 ! W \ S n lo'inn M1a.Z KI iMll:Mp IeY6C SNYL K 11eRrrMerT. ME / I ` cr APPROVED BY UNAVIHWtlbD ALTBUIION OR AOKIWN ,' �1ra ,h'SiP 3`y m TIES mWAEv rs A WaunW+ OP ITl _ ` J 1 dr ',f/bT! p a QEROH 7m OF THE HEN YORK STALE I t ,\ I I - PREPARED IN N:C°HGaLE THE WNIYU4 wUQAOONtAN` $�u , �fvoo .� ;�,�[ , r �v � � � BOARD OF TRUSTEES e�,°'�wTILE WMA"�R W+G� q CW p THE LEUi UMD sulxcw�R S54- >",R q,�•. �p -, I lci' /MO ATd TITw SROE ]AND, ®w7V� A. �® W�Ins �� LBARDaSED HDr:E mrrmTaED ,�,_ a. \ °°�, ' ,'' !. ES � / TOWN OF SOUTHOLD �� - `s.,-'..,"�`- � TU BE.A VAl1O TRUE OOP'. y �3@'1C� S'iEJ�'�C' EbE'WRr Tea roK�au�eOR wDu611u�v N r " e'1'�v I �'�V.0 i ! /. �.vJ� "cy' i L-.19r v "j GATE1fIlE COI.NNI, aum6LEwrAL:OF31LY ANO yT" �F(],,7�' ()/S?b LE1paG JNR111UlIDN LRIEn IEREPI,MO ,a�LTTAAttpyy�' .. TO MEOR. clS vn OF 1NE IFHONG NS11- Sile Peon^ - DaneEEvofbn lmouf 1NKIN CEIWFIC•nONB/NE MOT TalHR1MW.E 4C' ME EXISEENCE OF RIGHT 0- `NAYS a •� �``+ yT�O.' 1-� y - PHONE (631)727-2!,. ,� sz x 09G f637 72.-ti27 ANY. NOT SHOWN ARE NOl GUARANTEED. `'�` �- \�";< T A' %� ov,ti s wcAhn AT wruN ADDRESS R,y /laN ,Y.S. Lic. N. 49668 3Z ROANOKE AVENUE P.O. Box 1931 RIVERHEAD. Mee V.r 11901 Rivemead, Nee Tore 11901-C96 d SURVEY OF I•k nn1ATiJiL4 ,1iE RFiFREHQ i0.i1.G.V.D.. 1839 DATUv —i y JOTS C: G '":51N6 ELR'ATIONS ARE •MOWN THUS: / EYJSTING CONTOIai s( R_ SHOWNIo--- / j� �.�M L1 nrr PROPOSED EuEvACOWO INS.ANE:SHOWN 1NUS 49 `.\ �1L� / j (J J tI=] t I L Ji l�ht ITd'T OP. 2. THE LOCATION OF WEU.SDA110UKD` WARIER Al SI10 11 FffNEON;iRE ERDN FlE1.D \\ j - `!' ONST_ANTINE GEORGIOPO t�0. OBSERVATIONS AND/OR.DATA OMFAwED NIDIf..o1f1ERS. 1. H r T-� ( FLOOD ZONE .—DON NI.TAM FROM: FLOOD M&UNANCC RATE YAP Me. 38103C0154 6 `� / OV v 4 \� FILE No. 78" FILED JANUARY Z_, 1995 zwr_ AL R __ FLOOD EUDAT DITEaYu) \\Y// j5�'• u• SITUATED ZONE X.: AI@AS OF SW-YFMt FlL00: MFAS OF 1O0-YEAR 11000 M AVOGOE 4 ? l: !t�T i[G�.�.^��ATm� UEPRH OF Ums RVI! T FOOT OR YRM DRANMOE ARElu L T1W4 1 / � �" 1 �. SOUTHOLD Tl lO 1 �1 f I SQUARE.IYL AND ARFAS PROTECTED UV Fla` 100-T FLOOD. �/ TOWN OF SOUTHOLD ZONE %: DETERMINEDAREAS.DETERMINED TO BE OUTSUE 5D0-VIM FIDOOPLNN. G r, 4. MINIMUM SEPTIC TANK CAPALTDE I FOR.A.I TO 4 BEDROOM HOUSE J�C / I Y y `U IS:1,000.GALLONS. I TANK: 8' Law, 4'-Z'w . D=7• DEEP ao`Y' j I J4C.3'�, SUFFOLK COUNTY, NEW YORK S. MINIMUM.EF,ACHNG SYSTEM POR A 1 TO A 9EOROOY HOUSE a 30D M. N..SIDEVFALL AREA- 5 PWES: 2' DEEP. 5• aa. mac' 1 .� sy�l S.C. TAX No. 1 OOD-59-01-2`..5 TJnA1Yn11 Hoot cfiy �; 1 - TEST HOLE DATA SCALE t e=50' :PaoPmeD.UEACwD POOL ` V i •l� (h5I HOLE W6 SY u+MAwn craccvrurr ON LMER 28, pOJ2) MARCH 28, 2002 M PROPOSFO SUDC.TANK 1 DULY 19. 2002 ADDED WETLANDS S.C. TAX. No, fG00-59-G1-27 6 `T AUGUST 19. 20U2 REUSED SITE PLAN 8.FROM AIY UPLAND 1.TOU wl. SHAM OF E NEE FILL TRUCKED IN\ _ _ ..•{+�v / O' FROM AN (TPLAND SOURCE SHALL SE NEEDED FOR THE PROPOSED ^ r6 9 aV'. q / NOVEMBER 4. 2002 REVISED PROPOSED POOL 5EP11C STs'iEN. •'� ; / '.\ tyl� LOT �) /._.4 _ ^6 PNc alnRx AL RUE JUNE 6, 2003 REVISED PROPOSED SANITARY SYSTEM EDaE:OF / ' h m umuN wn m AUGUST 7. 2003 LOCATED WETLANDS RAMED ED METUNDS ` / OC DRIP 2003 REV6�D PROPOSED SANITARY SYSTEM �G 1.TANr� NNC i r� 1 iR, d LOCATE ADDITIONAL WETLAND FLAGS Zo02 OCTOBER 12, 2003 ADDED ADDITIONAL NOTES ?SSA, _ DECEMBER 3, 2003 ADDED WELL LOCATION ACROSS STREE' JANUARY 12, 2004 REVISED SEPTIC SYSTEM TO MAP GATED AUGUST 13, 20( `� P+- .. /� - /• ` �+ .. '1 .,FLrDE S8✓ « JUNE 23, 20004 UPDATEDPROPOSSEEDD SREPOTX S�'!5(HEM J WATEN LINE �vs T�'/ fir 1'DRUKB - c AS RAGOEDPO R w-ERA DS - r / JULY 7, 2004 REVISED PROP. SEPTIC SYSTEM LOCATION lA`" V /, %%lETss r OA',qRo y ICYN411tL N- �s iY / ,l 0• tiw 20^� m leou w+Fw aowso n'E ryi(0 h• �� / �^J.0 AREA = 80,134.86 B(7. ft. 4' 1.840 cc. lez SEPTIC SYSTEM '�_' / RETAINING WALL DESIGN BY: / JOSEPH FISCHETTI, PE Ttm.Ys ..- ./ Ar/ /I _-a �7 3Y \ 1725 HOBART ROAD SOUTHOLD. NY 11971 111P .60,_�� A�b ! .��/ ✓a�;'°.�'v ^ o_P �+`� 631-765-2954 r .y6 --•`\ �:7��0?� - .-�.r i / , /lrfai °i". Z_lo I / /. bhAD AL ,., Ts �\ !_ er .t G" .&r. � ! � T/�'!i/ /r i, /•JTr� A w .E,• ,r /.. 1 ' .A/ yr _-Iz , 'A �lAllS S.C. TAX No. 1000-59-01-21 7 is Eg(''\` '-1�. { 1" �. f �� p�T / 1uD06Cw T + 1 7-0 PROPOSED SEPTIC SYSTEM DETAIL THE mm"ATER WmAND BOUNDARY rs NON g50)FFIANCC \. ?' / I~ l Ai / 2e,. INS (rwr ro / MUAL 10 TN-COMSULTANT•S LIME A5 S1101014 - .DUFFER '{A✓ 3 /I / (p,� CE\ FRAYED(XrIOE E1Na1�' / N ON THE,SURVEY SURVEY PREPARED'W JOSEPHI- I C YS y9 I A [uv.a.l' 0I0E00K) IRVMM 8//OB-O3 AND AS 4 BY U..AT ((APPRO1q/ ELY 13-TM iutus `� 1 "�. 9i BY a. YARSIi ON a/s/0.i I 1 • '�J T�4.sl' �-1•w. TOP EL Ts- w. I .� ( .' � 4'aA � e• '11 JI�L / ! 9„ APPIIOVfD PwE Inc Irink 71 a uurl l7'Oa J14fL.. / IMJ. m-/ 1AM[ NDL ILdXc $ARp � �•' i XV »' n.A Ural 1/4'/f e+M1 FrtcH 1/e'/1' I YN. a a3• Non muAR Jo JlL �s J�L •"' '�, �a� M �rro /✓r�// (' /1,�/ �°` � nsmnn��— eD•L��—obwDaTm SEPTIC TANK (1) t r LEACHING POOLS tsl G I 11wMr-Ws1R Tw cxwrnRs rw A 1 m 4 asoou Iwme a I.aoo aunty. / ?p' % T Y . LNAt r 1qN.a'�wx.n-r mF 1.fnaWw MACAIw alwW iae.1 m 4 waml lwr�e:.ne e A mewe4 Afr.. C. _fbYONI[!aL ILL1E YMW W o'lYl1®K 911OtlM 6 YOL Y AT a.a15. a NIOL2�Dom.C bn J s,j :uo2s-ouu.: Wwl vY rlia nna�.or e•uN r.enlw 1Nce16 n 1'. 2 IE.vAw wwa ME m E aNnnlom w NMPA+I MNEdI® -(aF FnwLl D 3WL �OO ://` QY,. �' . D4 ..A11.Y 9 Y1�9E SAIm11Nb1t 6NN0RIOOru�f ul YR!➢1V12 n mi K IFAaWN 91RCR11 bIA OIIL.ND/Of SUS. -- ':',/ : r- \ / 4 AIC mme rANc 9W1 E MfN10)IT lfl6 N Ml pCT016 fNIX A WY.1n1M11(£OF x1141 :Ai`i�„w�lireEN� wuw�¢rm u'Nic suu ac lwureen QC.�L.`/ 4ln / .'., P _._.&Y ,tJ' (i / ;� 9�yy, `/; \ oR A urRM s TINN®6(fowler®wn m vu aNAEL 6 xu c.w unN¢en�m+.M urnwo IVaLs wo sme Tr.l vNu Is�wnANm. / Vi 4 A te'M.eblAllo i1w611 RPIIC TNIY.NN MIIiL W4L eE YVIIIWFY. f � I �. IW ; . -� �. ' , t �h APPROVED BY UNM111110pIID MTFAATON M A001r1011 �i t` .... 1 4 -' F p'r YO HAS 7200 6 A vaATw l / _ I / T .. / 'ybb PRFPYIED IN ACCORDANCE THE YWYUY S��,OF THE NEW rant STATE o�UppTTS�. D",VU`1 ...'.1'' I b/. r/ % 1`;; R / ` R L`rmLL wm A� C11PRS(F",1n61MWET•Ml^NOr.EARRGFeT^��\ �Sa� , BOARD OF TRUSTEES , Joseph A. fngegn0 11E ulw susswaWs-NDIO SEAL ON0. mWlIWWB NMWED IMIFbN ., .� ' ,, - /�� + ','/ -- TOWN OF SOUTHOLD Land Surveyor TO BE A VAIA 1RDL CDR. • aav w nEPanar4 FDR war ne snneY `}. ?ec'e� �• � ! is rr './ 'pdr Is PRpJRD.AIL ON Has ®MIF ro TIE E Tine S.ry - S bdhi . - sle PIo1N - cCRnbuclion Invou; TO THE SSIONEES ASTER ENOlMG1,,Vo ^��y ,AETFF . +fR' .r ro THE A91gEF5�'THE tNOT WS11- A y- ib, TmcNnONs. NOT HwuvaM>: II PHONE (631i7Z7-2090 Pqe (6311727-:;l' THC EXISTENCE OF INGHT OF WAYS 0 A� ANO/oft EASEAIENIS of NFDORO. IF .yli y�, {H-. ,C / 50 f :>�A OM'Gf- LGCAI0 AT uvuvC. ADDRESS ANY, NOT 3NOW11 AIE NOT CWIMNTEEO. •,{f� FN ice` S. Lit. Nc. 496UB 322 ROANOKL AVENUE P.O. a.. 1931 RNERHEAU, Nee TAVF UE Rrrcmovu N. Y 9 - m DrA 1190i-09D i New York State departmer., or Environmental Conservation Division or Environmental rok Building 40 - SUN}', Stony Brook, NY ; ;790-2356 Telephone (631) 444-0404 AM Facsimile (C31) 444-0360 Website: www.dec.state.ny.us Iowa O 66 Itty f JCL r er July 26, 0 sw�, xd r�r�n Bcatd of Trustees Mr. Gregory Mazzanobile _30 East 48" Street (Apt. 5C) New fork, NY 10017 RE: 1-4738-03033/00001 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6�T'CRR, Part 62 1) we are enclosing your permit. Please read a]] conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerer,, Marilyn L. P�[ersoTi� Environmert/teal Analyst MEN s NEW YORK STATE DEPARTMENT 0=ENVIP,ONMENTAL CONSERVATION I DE'C PERMIT NUMBER 1-4738-03(122/00001 EFFECTIVE DATE I on Juiv 26, 2004 FACILITY/PROGRAMNUMBER(S) PERMIT EXPIRATION DATE(S) Under the Environmental Juiv 31, 2009 Conservation Law i TYPE OF PERMIT ■ New ❑ Renewal ❑ Modification ❑ Permit 10 Construct ❑ Permit to Operate Article 15, Title 5: Protection or Waters ❑ 6NYORR 608: Water Quality ❑ Article 27, Title 7; 6NYCRR 360: Certification Solid Waste Management _^ Article 15, Title 15: Water Supply ❑ Article 15, Title 15: Water Transport Article 17, Titles 7, 8: SPDES ❑ Article 27, Title 9, 6NYCRR.373: El Artic le 19:Air Pollution Control Hazardous Waste Management • Article 15, Title 15: Long Island Wells ❑ Article 23, Title 27: Mined Land ❑ Article 34: Coastal Erosion ❑ Article 15, Title 27:Wild, Scenic and Management Reclamation Recreational Rivers o Article 24: Freshwater Wetlands ❑ Article 36: Roodplain Management ❑ Articles 11 3, 17, 19,27 37; ❑Article 25:Tidal Wetlands 6NYCRR 380: Radiation Control PERMIT ISSUED TO TELEPHONE NUMBER Gregor Nazzanobile (2121838-3776 ADDRESS OF PERMITTEE 230 East 48'h Street, A t. 5C), New York, NY 10017 CONTACT PERSON FOR PERMITTED WORK j TELEPHONE NUMBER James E. Fitzgerald, P.O. Box 617, Cutcho ue, NY 11935 (631) 734-5800 NAME AND ADDRESS OF PROJECT/FACILITY IViazzanobile property, 1300 & 1460 Lake Drive, Southold COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIVITY: Construct single family dwelling, decks and septic system. All work must be done in accordance with the attached sureY pre aced b y Joseph P ) p Inge qno on 3/28/02 last revised on ',/7/Oq and I stamped NYSDEC approved on 7/26/04 By acceptance of this permit, the permittee agrees that the permit is contingent upon strict Compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2 & 3) and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: 1ADDRESS Region 1 Headquarters Roger Evans (MEP) Bldq. #40, SUNY, Stony Brook, IVY 11790-2356 r ALITHOP.I?ED SIGNATUH:= nnT- I July-2 OC 7 t4 i Page " or 5 'J NEN!VORI;STATE DERARTMENT 0==NVIRONMENTAL CONSERVATION SPECIAL CONDITIONS i. Any work, disturbance, and storage of construction materials shall be confined to within the"Limit of Clearing and Ground Disturbance" as shown on the approved plan. 2. Prior to commencement of any construction activities, a continuous row of straw bales shall be staked end to i end along the upland edge of the buffer zone. The bales shall be maintained, repaired and reld as necessary to ensure proper function, until all as oftern disturbed areas are replaced vegetated. The average useful life of a bale is approximately 3-4 months. Sediments trapped by the bales shall be removed to an approved upland location before the bales themselves are removed. S. Straw bales shall be recessed two to four inches into the ground. 4. Any demolition debris, excess construction materials, and/or excess excavated materials shall be immediately and completely disposed of on an approved upland site more than 100 feet from any regulated freshwater wetland. These materials shall be suitably stabilized so as not to re-enter any water body, wetland, or wetland adjacent area. 5. All fill shall consist of clean soil, sand and/or gravel that is free of the following substances: asphalt, slag, flyash, broken concrete, demolition debris, garbage, household refuse, tires, woody materials including tree or landscape debris, and metal objects. The introduction of materials toxic to aquatic life is expressly prohibited. 6. The driveway must be surfaced with a permeable material. 7. All equipment and machinery shall be stored and safely contained greater than 100 feet landward of the regulated wetland or water body at the end of each work day. This will serve to avoid the inadvertent leakage of deleterious substances into the regulated area. Fuel or other chemical storage tanks shall be contained and located at all times in an area greater than 100 feet landward of the regulated wetland or water body. If the above requirement cannot be met by the permittee,then the storage areas must be designed to completely contain any and all potential leakage. Such a containment system must be approved by NYSDEC staff prior to equipment, machinery or tank storage within 100 feet of the regulated wetland or water body. B. All areas of soil disturbance resulting from this project shall be seeded with an appropriate perennial grass, and mulched with straw immediately upon completion of the project,within two(2)days of final grading,or by the expiration of the permit, whichever is first. Mulch shall be maintained until a suitable vegetative cover is established. If seeding IS impracticable due to the time of year, a temporary mulch shall be applied and final seeding shall be performed as soon as weather conditions favor germination and growth. 9. Suitable vegetative cover is defined as a minimum of 85% area vegetative cover with contiguous unvegetated areas no larger than 1 square foot in size. 10. Within ninety (90) calendar days of the effective date of this permit, Permittee shall incorporate the following language as a notice covenant and deed restriction to the deed of the subject parcel: 'This covenant shall serve as notification that the property associated with regulated freshwater wetlands SO-5, Is located on or near the properties of Gregory Mazzanobile and his heirs, assigns or successors as described in the Suffolk County Tax Map as District 1000, Section 59, Block 1, Lot 21.6, 21.7, located on Lake Drive in Southold, New York, and is therefore subject to Current environmental conservation laws regarding the conduct of regulated activities on such property. Whereas, it is the responsibility of the owner of the property to obtain a current description of all regulated activities from the New York State Department of Environmental Conservation ("NYSDEC") or its successor anization for org the purpose of determining wi hat is considered a regulated activity. Performance of any regulated activ g will require prior approval by the NYSDEC or its successor. Whereas, the 50 foot area landward of the wetland boundary as shown on the attached survey and described as "non-disturbance buffer, will be preserved and will remain undisturbed and in natural vegetation in perpetuity. The following activities in the preserved area are specifically! prohibited. Clearing or cutting of vegetation, applicatiorl of chemicals, excavation, grading, filling, construction, erection of any structures, and use of the area for the storage of materials or debris. DEC PERMIT NUMBER L.1-41722-03920/00002 Nr�,,r PORK STATE DERARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS The foregoing covenants shall run with the land and are binding on this owner and his heirs and assigns, forever." Within ninety(90)calendardays of the effective date of this Permit, the Permittee shall have said notice covenant and deed restriction recorded with the Clark of Suffolk Countv. Within thirty (30) calendar days of the effective date of the filling with the county clerk, a copy of the notice covenant and deed restriction or other acceptable proof of record, along with the number assigned to the permit, shall be sent to: NYSDEC, Regional Manager BOH, SUNY Building 40, Stony Brook, NY 11790-2356. Any violation of these restrictions, covenants, and agreements shall cause the violator, in addition to any fines, penalties, and/or forfeitures prescribed by law, to pay for any and all reasonable legal fees and expenses incurred by any party in enforcing the covenants, restrictions, and agreements contained herein. Failure to comply with the filing of the above covenant and restrictions may result in permit revocation and/or the assessment of financial penalties against the applicant. UEC.PERMIT NUMBER I-473E_0dD 2/0000" NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION I ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 45 (TITLE 5), 24, 25, 34 AND 6NYCRR PART 608 I ( FRESHWATER WETLANDS ) i 1. If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Departmentto remove oralterthe structural work, obstructions,or hazards caused thereby without expense to the State, and if, upon the expiration or revocation a. this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State,and to such extent and in such time and manneras the DepartmentofEnvironmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 3. Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission, consent or approval from the U.S.Army Corps of Engineers, U.S. Coast Guard, New York State Office of General Services or local government which may be required. 4. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 5. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. 7. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 8 If granted under 6NYCRR Part 608.the NYS Department of Environmental Conservation herebv certifies that the subject project will not contravene efhuem Iimiiaitorls or ofner limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 9. At least 40 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 10. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved survey was prepared by Joseph Ingeono M)B/02 last revised 7/7/04 I C PCPMI NUML P Li NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTIFICATION OF OTHER PERMITTEE OBJGATi, TAWS Item A: Permitter_ Accapm Legal Responsibility and Agrees to Indemnification The permittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees,and agents("DEC")for all claims, suits, actions, and damages,to the extent attributable to the permittee's ccts or omissions in connection with the permittee's undertatung of activities In connection with, or operation and maintenance of,the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits Or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agentwith respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department)to determine whether the Permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Departmentfor renewal, modification ortransferof this permit. Such application must include any forms or supplemental information the Department requires .Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF) maior Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF), and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to NYSDEC Regional Permit Administrator, Region 1, SUNY Bldg W, Stony Brook, NY 11790 235G General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit In accordance with G NYCRR, Part C21. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project.as described in the permit application; dt newly discovered material information or a material change in environmental conditions,relevant technology or applicable law or regulations since fine Issuance of the existing perni e) noncompliance with previously issued permit conditions, orders of the commissioner,any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. D-::o=PMIT Pl tll`Aa-1` i 473b-03032/00001 I PAGE 5 OF 5i Nu r rct Ur UUMMENCEMEN T OF CONSTRUCTIONF RETURN THIS FORM TG: 0DAV:PLIANCE Qe�: F i T Cr: 631-444-0272 Bureau of Habitat Aft u'SDEC Building 40-SUNY Stony Brook, Njr 11790-2356 PERMIT NUMBER: — ISSUED T0: PROJECT LOCATION/ADDRESS: CONTRACTOR NAME: ADDRESS: TELEPHONE: Dear Sir: Pursuant to General Condition#9 of the referenced permit, you are hereby notified that the authorized activity shall commence on We certify that we have read the referenced permit and approved plans and fully understand the authorized project and all Permit conditions. We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plans. We can do so in full compliance with all plan notes and permit conditions.The permit sign, permit and approved plans will be available at the site for inspection in accordance with general Condition No. 1. (Both signatures required) PERMITEE DATE CONTRACTOR DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND /OR ANYASSOCIATED REGULATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SG O N,PERMIT AND APPROVED PLANS AVAILABLE AT THE WORK SITE FORTH I R HAVE THE CPERM ONDITIONS. E DURATION OF THE PROJECT MAY SUBJECT THE ITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT COND gut alons this line x x ............................ . NOTICE OF COMPLETION'OF CONSTRUCTION �................... ..........*'*""*...... RETURN THIS FORM TO: COMPLIANCE OR FAX TO: 631-444-0272 Am Bureau of Habitat NYSDEC MON Building 40-SUNY Stony Brook, NY 11790-2356 'ERMIT NUMBER: ISSUED TO: 'ROJECT LOCATION/ADDRESS: 'Ol,FRACTOR NAME: ADDRESS: TELEPHONE: )ear Sir: 'ursuant to General Condition F 9 of the referenced permit,you are hereby notified that the authorized activity was completed on We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures required) PERMITEE DATE CONTRACTOR DATP HIS NOTICE, WfTH PHOTO MOLETED SURVEY, AS APPROPRIATE, MUST BE ;ENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT 95-20-1 11 03)-9d New York State Department of Environmental Conservation low "NOTICE '14mW" AM M �® The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Permit Number - 0303 Cps Regional Permit Administrator t=xpiration Date 311 c200 I _ NOTE: This notice is NOT a permit :1rVATEOP.S TO H2O.YA_ 1929 DATUM —� '+ "�TEXISTINC CONTOUR RE R OWN TNUS:S: 5LTt2✓ < vF PROPOSED CONTOUR JH."".E S SHOWN THUS: T n �� TOUR Ur ARE SHOWN sixe-ea �� y�6„Fs' j F/• '�� -,Onj�rS C i ?. THE LOCATION OF WEI1S AND CESSPOOL SHOWN HEREONARE FROM RND f ��.. J iivt�D�i rIIsid.N KA-P pop OBSERVATIONS ANO/OR-DATA OBTAINED FRDY[.O1Ni:l✓< \\\ j w� .'�It, \ �•, - CONST_4NTI_VE GEORC. OPOU1 0: ,:. FLOOD ZONE INFORMATION.TAKEN FROM: k \ '.(�, y -T-� MOOD INBUIUMM_ RATE MAP Nc. 3POSCO154 O ry�. F^ `� \ FILE No 78" .-'ICJ JANUARY 2' 1985 :AM_ AE BASE A 000 E1EYATIDNS DETERMINED P izdE AIFAS DFwD-WAIT rwaD::wlFxsoe tm-YUR Rm9-mM Av.nce \r/� 'S^ / c' I_"UATED AT D SOU ARREE M µ MW M M' ROOD. _, / f _ _ ' SOUTHOLD MIN ZON- )z AREAS To BE OUTSIDE SOC-YEAR FIDOOPAN. % C. MINIMUM SEPTIC TANK CAPACITIES FOR A l TO 4 BEDROOM HOUSE TOWN OF SOUTHOLD Is tOO• O GA:JomS. I TANK: W IDNG, <-a• WIDE, G'-7' DEEP �aT� SUFF^vLK COUNTY, NEW PORK S. MRNNIM L£ACHMC SS FOR A I TO 4 BEDROOM HOUSE / n IS 300 w. x. sDIOVALL AR1J.. s Paols; 2• DEEP,.6• a". P`� i I! {� �\ .y 1. •'/,�� S.C,. TAX No. 1000-59-01—21.6 IHIOPOSFD E%PIIriTON PaDL r sf J1IL 1 000-59-01-21.7 �,PRNIaav:IrADNMc Paul �� / / J _ - TES"' HOLE DATA SCALE 1"=50' \ \ r-' (TEST ROLE DUG BY N"DONAID SCLEWE OK rEBRUARY 2H, 2002) IROTo$D SEPTIC TANK -'`� / MARCH 28, 2002 6. APPROKWATELY 1100 xN. yam OF GOLAN FILL TRUCKED IN \ ,, Y S.C. TAX No. 1000-59-01-21.6 �v / r/1 JULY 19, 2002 ADDED W(7LW05 FROM c.W NPWID SOURCE SWLL BE NEEDED FOR THE PROPOSED \ y i-\ J 9 AUGUST 13. 2202 REVISED SfiE PLAN SEPO- 'SYSTEM. A ' LO'^ t c ` I P' i NOVEM9ER 4, 2002REVISED PROPOSED POOL 1JJt f 1• HCq�„� JUNE 6, 2DO3 REVISED PROPOSED SANITARY SYSTEM �^ / ( Y i - Oi � Imu w0 m OGTOBEP. 3�2 3 GUST 7REVISED.PROPOSED SANRDARY SY'"1EM Y �— FT�ON'11NON Wqp 4. MCA 1 t a I a / & LOCATE ADDITIONAL WET-AND FLAGS NOTES / Z8 DECEMBER 3. 200OISER 13'ADDED WELL ED LOCATIONLOCAAmO°N"ACROSS STREE' JANUARY 12. 2004 REVISED SEPTIC SYSTEM TO MAP GATED AUGUST 13, 20C �.Yw� / \• �f" w. - : s"j -• S` {o / MAY 13. 2004 REVISED PROPOSED HOUSE WATEROSED SEPTIC SYSTEM & �{L ! FiAGOEpF F OER Wflj g -'v r / JUNF JULY277,, 2004REVISEDTED OPRDP. SEPTIC SSTEM LOCATION LINE / { /.. , !/ ° .f ow 4 yle,�2uw �y �0 / ?T' raTm N PrTz Nw+rxc ` `�„i /•N/0 �. ,v / Ay ?" m Imxa wn r AREA = 80,134.86 s9. ft. .J�i � _ ice IQ• // "�' / Ora- 1.840 OD. \\\ v� y t : '� ! SEPTIC SYSTEM & RETAINING W_4L' DESIGN BY. EWE O'' aEAme ,iL" ` I .'i�l i/ 11Q . "' JOSEPH FISCHETTi, PE P.k /, , --e i+i' �^ \ 7 725 HOBART ROAD -, t , ' -. " / pp SOUTHOLD, NY 11971 631-765-2954 ,•,SO AL AL ,. s s> .1 ASS' / _ 1/ It z/A � Oil / yr3 Appatox�YF�. S.C. TAX No. 1000-54-01-n17 InsA OF LOT .A� .� - ! >'f Y!�• / � ��,s PEUML 0 "�J ' ,fl. SPATe •7_,a ,4 / \ F './' / PROPOSED SEPTIC SYSTEM DETAIL j THE IIYS FRESHWATER WETLAND IWUNOARY ISNON NSRIRBANCE \. .• °Y V ! ^ (MOT m scut, / EDIML TO EN-CONSULTANI•S MINE As sNOWN ` SURFER / N ON TNEA 3URVTEY SURVEY vow /PREPARWIVY JOSEWif I. BY R. YA� ON B B/03 I n 14y •y1 V tm Fi. e.l ---I• Iw. m EE ti• un,. MN. r DA, .• i 0, m PpMD PPE TtIDFITiIcc P L LWRMO u » �35 CIFAN I RYcx I/a/P 1 \nN,. MUN Ile•/r sac LL es r POoi c1>rLAn NAlE1: SEPTIC TANK (Il GEv. I.N I. KMUNEvnc TxN cvAme.Im A I m NN a Ennaau cc a Imu ouaoxs_ I C_�Ie__ TMTV x Eoxc a wD:_ r vOr aMOme'.suu xr4c n Ier10W RMeVi19'E snoNnl E aoee Iv AT a.wAv. + NIIWw ttb<smog EOA n I ro.REapeM wAlr.c vw A suvw.AID. _ 1'Wl*NLIe10T.NWT S'. IIIYIN W'S.n TA Tepper ur c'Np).9elley MfaFL'SS OF 16"r Irinlx:rava.wE ro E mxemARm a•rEual ADISWIIsn rnxaatL(cw raW FT THE I®/'Oe(!IG m Imsr w xslol eRAa p Am a. AE�ml m ao�i1NT ne rwN c wmnwll. x.0 mm mEl.E av wv�cr Imroxm m1ueN rox Nw+t Irralw+sNcnu¢ao oac xo/m sAss, �� h MC MNG LW(9W1 E WAN101 Ai DEW,N Nl BIO:Itl119 f'M11 n DINT.101Gw[f OF xl/i7 ,,,p.061yp.EIRBI IFIUNE F�LS NO Mlfp IyC 9W1 E YNE/JxL`�\ a.urAIAM 11ep:Eo a aNxxLTEn MIA ar rB..uWEi is e'.,w ulsTxrz Elaml xi 1(I(JIeN coos nrm sarc reel vuu.E MwrxxO� a [ a n le'ww.INSINWX DENIZEN SE3`11c TIM Np NfANE NwL BC MyNrxlpl. y UNV TWORM l ALTERATOW OR ADDITION 1 ` - ALL c I . ^� TO TES SURVEY M A WOLAIION Or { � _ - - 4 ,¢{A.v 6EOTRN T]OB K THE MEN Y4 STATE ` o� gyp. I �y PREPARED IN N DmICE 1 lHE MBRMUN En"Tow 1AW. QelTp ' BW=FAO j� I y/ I , 3; .?t�' / SrANN,II� rbN rIRL AS ISrhfiu � y, t" (iY tIE LIALw AP ANO ADAPTED EL'� R��B Ems.N'Y ��1I �1'� TIRE Ui EF TN6 VOWY I MEP NOr OR ' � YvF'l / L�(iAT+ /; FADTR SUGM STATE Joseph Y a IE B V��LYB V TIRE Lvn suaRNDNs HIKED SE,�ON . /�p�q KBE pVV u.:Pn' IL4ffiED >FLL SEMLL NOT BE T,YK®Oc,IFA Ai+y '� �` Land C Surveyor IU BE.w VAl1O 1RUE TAR'. DRY'yyTf \., g CIXIi1GIlO16 IIIDRAIFD NID®M s1M11 MMIP+P�,6 '�' .- WIJJ ONLY TO TIE AN m IRS BEH I TI PREPARED.AND W HMB AU NC 1AN V ldSFa /� >rM ,INmrT,num usna,HE EON A Nn EENOIIS INlf111RpN 1L41ET HFAFON.AMI .0 � '._ I� .•�Ni Ic Jar r�tk slnuNYA - Sx6tlivisbne - 9� Rane - CoNsuvcU n favour TO T11E AR,IOIFE'i OF TIE LFNDNG Ns1F ,1 �. G.F+F'3"..• Y+ ew" ti •'l: TO?� L•' i Tmax. DEIRIIGIKNS ARE NOT TwrswaE ]l_ U,4N' YAK-" �i� I oQ <rI I C.N � .V• s' f FHOd (6571,^_i-10S6 n: rG L.:._.. _ 11K EXISTENCE OF RIDER OF WAYS b �4' ti. '�� P •,_. AND/OB SHOWN ARE 1E UA IF �, q> dhTrc '� ( 1 .,_; Lb.,n1ED A; uvuNO ADORE�'��. ANY. NOT SHOWN ARE NCl (:UAIGIREED. � ,V, ��, � , r ')a I, -Y f. Ur V ,/_ YES IJc. Np. 4966E ..2- ROANONE AVENUE P.G. Bo= 19J1 RNFRHEAD. Neu Yore: 11901 F.ivnrnepJ, Nm: lore 119m-096 NOTirs 1. ELEVATIONS ARE RiGflICID TO NALV,D.. 192/ DATUM SURVEY OF w5nMO ELEVATIRQ ARE SHORN TINTS:J➢.c� �� FUMING OONIOIR 01N2 ARE SHOWN THUS: PROPOSED OEVAWOINS ASE SHOWN THJ&j " \ PROPOSED OOIIIOIIR LNES ARE sNOWH „ LOTS 6 & 7 '. THE AVATRON AM WEL/Olt AND CESSPOOLS sNo THERE, i T"` "'°" E'° SUBDIVISION MAP FOR ORSONZONE INFORMATION A1IO/OR DATA DI FR M FWaM oTHIOa � �. CONSTANTINE P. GEORGIOPOULOS 3. ROOD ZONE CERA TAKEN FROM: 0i0 '� x1` V• FILE No. 7844 FILED JAE O G O FLOOD INSURANCE RAW WP W. letOSC0154 0 ZONE WLSE ROOD arE�ED ��ti 4v `Po SITUATED AT 1965 ZONE % MFAS Cf SDaYEM FIOCO' MEIS a NCO-SEEM RDCO WIM AVNR.DE DEPTH Oi ILOS nRVN 1 OR WIM OrUIN9E AIEA¢ L�1NW ?iT• ' SpM+E "` Alo NIFAS PIpIECIfD " LLOFErs TRDM Ia0-YFNi RQ;O. , J.- 1T0¢ 9,� SO UTHOLD Z01E x: AIEAS DETERMINED TO E OUTSIDE SCO-WAR FLOOOPLam �} III 4. IOIMN1 SEPTIC TANK CAPACITIES FOR A I TO 4 BEDROOM HOUSE � )O'" LYL (� �� TOWN OF SOUTHOLD b tLM GALLONS. I TEMR: e' LONG, 4'-]• WOE. HOUSE DEEP �� T SUFFOLK COUNTY, NEW YORK S. 11O 140 LGALLON SYSTEM TEY FORA I ro ' BEDROOM E10NRE IS 300 eR. N. 9YEWA AREA. S POOLS; 2' DEEP, e' 0b. 07 �'R0P0® E>o,,,a9„1 rDOI � � ._� ,� S.C. TAX No. 1000-59-01 -21.6 P 1000-59-01-21.7 ®PROPOSED SEPTIC T POOL �•C� TEST HOLE DATA SCALE 1"=50' ® •�' ()Es) HOE °� B'EICDONelO__rfM�rwc ON FEBRUV?Y 24 2Da2) MARCH 28, 2002 PROPOSED SEPTIC ruE (( e. APP90RMATELY 1,106 4v. IWn OF CLEAN FILL TROCI(ED IN �1 S.C. TAX No. 1000-59-01-21.6 f \T LI...) DULY 19, 2002 ADDED 11ETWN05 TROY AM UPLAND SOURCE SMALL RE NEEDED FOR THE PROPOSED ` ' v AUGUST 13, 2002 REVISED 511E PLAN SEPTIC SYST[Y. LOT ( ti 1 / g ?g 60 NOVEMBER 4. 2002 REVISED PROPOSED POOL ^A �e�� JUNE e. 2003 REVISED PROPOSED SANITARY SYSTEM 1l �' EOOE a aTF91IIILTTR ti ro IEdE eND m AUGUST 7. 2003 LOCATED WETLANDS 6 A SY RA<'cm �' Dr Eµ A H Ey[q, OCTOBER 3, 2003 REVISED PROPOSED S NKTARY SYSTEM AL O'" 4 t< MVril . 2'IHLS. EC. �� I R LOCATE ADDITIONAL WETLAND FLAGS .�Ac o3. / 21Y OCTOBER 12, 2003 ADDED ADDITIONAL NOTES 20 BB,. DECEMBER 3. 2003 ADDED WELL LOCATION ACROSS STREET �'� �NJD /'}T" ` 'J- _ •y�y S JANUARY 12 2004 REVISED SEPTIC SY51EM TO MAP DATED ALRXIST 13. 2002 MAY 13 2004 REVISED PROPOSED HOUSE ,� F�AYL J " / F JUNE z3 2 UP6ATED PROPOSED SSIM SYSTEM a WATER LINE �aF>y G .ILL - �' .' h pAotEp NON wE H , ✓ 1 0 V t�T, e, REVFEO PROP. SEPTIC SYSTEM LDCATION ._. q�' Ta" ar AAY� IA z_ / .L^ *i• �j 4t rien N wac Nw1 rx �,1 a / 'Aw/' \D'/ F 0�1h AREA = 80,154.36 sq. fi. / �'v' �/ ,'�/ q ,�. O't'a' 1.840 OC. `l '4 v �� 3� SEPTIC SYSTEM & .�'�` / 4, "I 1 /a '7 '�)e� s RETAINING WALL DESIGN BY: \ ED0E PAaRe ft w RE,IA �, ,a �/ / ,. JOSEPH EISCHETTI, PE - SD ,rcA"'Nt, / A - a �y+ \ 1725 H08ART ROAD O0 / / AL dl0 •� O Q^' 631-765-2954 � s.c. TAX No. 1000-59-01-21.7� LOT 07 PROPOSED SEPTIC SYSTEM DETAIL THE FRESHWAIf WE IUD rs \ 4 . ~.. / NN HOME L� AM1f�'.51 BO.Y}fypMY NO!- p5R1RBVICE O� Its, (HOr ro SLNF) .1. ON THE SURVPEYp SURVEY PROP OUf+ER <� ` RYEpp SEVCED l Y 131 A F AS ).� R4f. _. l A� � � k nEV. 4Y OEV�AMRAIl6111 Y 13-16 FtAO$n R. ON e s _— O.SEPIK UE 0e � Ir`$' / / 7-rl I/.•/+' rM" MIW I/e"/I' eN Ell es• IDOL a �lOM M 7.V en•. FL 'y f .."r A l ,�1�i•b SEPTIC TANK (11 .qi �00� +' •�^< i. wrr vrc rrE arAonRs ro.moats,dE¢ +.aao waa. I EArNING POOL (�) L < rnE r u1INa:-r SCE.r-r�IM}P AL � 04 e /. <� x raxoME KE, xrc.rrr mwaY¢roWlw n aam e+.T s uxrs � a� yl®.armor rat. I m.moul IIaeE¢xo A n sxaWv.Nu �' a NYl TrAOORR TNNLL E.NWRKr m r.A>v eoRa a r AtW.orWM n,AaPlls or: z IEJURE roE1s NE w R taIRTNNDIm R rIEEJRr AIKPRKTD ca1NOEW L<0 py� `, \ / 71 ,u WN.s.So No 1v so T ME Io xM IR T .rl rwm raQ a.Wo✓. 1frAM e11LCllwt`WP aoo mw/m arw M EPK) 'l^ J'P / YI, l NL JWR!Wl E iMED L eMT M TNN 6 WDQeW1f a NL ae.QS fWt E V N6Wr Ie)RO®oaQ1E(UI NRWU.s M 701C TMk WW1 R MFNIID N IUTL N R6TM(MI¢A WR 14G.IIQ OF.,/.� n lo'tiw a61N¢E1.t01 IZM.6�e NO'IiA11 U[fYEl E NWRM@ MOK RD a NY I& a614OF EIKmI 1 NOT/�M mmar K YWaWfD. ?.W e'nii MrMQ RI![II Ml VMni NR{NE EPC)NM slWl R WNIMm. W IANAUONONZFD ALIFRMION OR ADtlipN �aP' ro T6 Am ¢A N EWxO K I'EPN®W IIFaRDY1Cf ME IMME m D )20R 6 THE NEW YUIk eTA1E / STAIRNOS i 1RLE AS ESTIN&WD FDUCNIOM lM. q8. ILUE --'3 �l • / �� COPES OF MIS S RWX w NOT SE~ Q �1 13 / �. O SINE L WND A� E . � '� 0 0• - h''°� Joseph A. Ingegno arEY m nE P M�"EOMsRYir - / h /e �4 S� RUN si- ��, Lid Surveyor 7 NItlH. f11a111R/,,I01S NN Ipf TIWN6T14RE ��$' \ - 5 PIFP/LED. NO aN IRS 6=m TIE NRmI °�auE'°"uslED�"o).`"No � � -- ro rrtre sL..ye - s.eaYso�n - sro Pram - co+ef".ama Loyart y J l AN E%ISTENCE OF ROM EC COATS �5E' / _ " 034, \ �1 y PHONE (831)727-2000 Tax (Ca31)727-1727 AND. NET OF RECORD. E v ANY. NOT SNOW ARE NOT GUARANTEED. `� \ N.Y.S. Lk. W 49668 3U RQA LOCATED A E N4(IK, % 1931 AppREyS RNDW-AD. Yak 11901 N'°°'d, Net Yak 11901-09e5 .6r:a 1. oa nnWANK AK S,YJ9. 1 MM lorkj"�,,, __ SURVEY OF �DaNWW"`LE 9«aw"° ""'� (y�grTp� LOTS 6 & 7 i MPlogl�gl IN •r°0M1mR 0MLS An OEMTITD•1" n•�FnD da.� ` Q�� AND/OR 00A OFUMSO�;So 0" p7"� - SUBDIVISION YAP FOR 'F°°° `""'° ULAIN TAT 71ft Dn� 90 � s AL � CONSTANTINE P. GEORGIOPOULOS Ft000 9•N•IArUE wAYE YAP a. SNOOD""• . �AL •A>E � � ,yry• 1[t FR.E He. 7841 FBJD JANIIARY 29. 1966 1iw•K•P;a An r" wnaaoE,n,eR SITUATED AT 1. K X.+m a,TAM SE°ono` a ar 1•�.�I / moo, 9d SOUTHOLD y O"'r NM F(SM �AA II it 4r tli�- _T. OW °� '� P eo>h TOWN OF SOUTHOLD 6 zw.. E SOOML AREA. s P•pyi 0•MOIASESE AIL ° SUFFOLK COUNTY. NEW YORK PA°T arti N POOL • AIL .2a S.C. TAX No. 1000-59-01-21.6 ` 1000-59-01-21.7 FwOPeo lane PeOL t �\ -,. TEST HOLE DATA SCALE 10=50' Fwaro9m one IDM I - i (TEST NOTE DI.O BY YA000!ULGE690EMI ON FEHYIJrY 24 2002) MARCH 28, 2D02 Ane AND SOURCE LwlpK�SAN M• a M �� S.G TAX No. 100f59-01-21.6 I F••11R PwOPO•(a w r JULV 13. 2002 ADDED VIS D SM05 ppy NJOUST 13, 3002 MED PROPOSED SOE PW1 i�lL \\\ AL �T AL � .!' L` \ ,fit° .MI L 2�mJ Rv�Lga PROPOSED PROS PSGOI ft 7� �L \ �[qp®gyAq y!!. \' h �i®awMo s OCTOBER 3. =0J IE\�D PROPOSED SWTMY Srild Sx`wcM� 1 er OcmeFn ,2 t200 ADDED rL NOTES c }y.. LOCATE"MOMAL VERAND RAGS / �6 ?04r. BEM 3.�y2oB23ppA{corn�yttt9EEup tpn SEPINC SYSTEM patagn Acaass stnFEr • GG^'� J tr_ `!F �� py� Y .y ^- �y .�'�,4 .IM1tYRY /2. Wy UP0A7ED PROP06ED WPR STn1 QUED Nt1�07lIpBtf 13. 2OD2 �room a OnIA.•pom�, _ tPy� e`_/YYo, //� �� A JULY 2004 ntNSfD PBDP. SFPfIC SS5IFY'tDG11011 � • l�"',, _ -, . ._ .' AREA = 86 •0. H. / N. . . f / c� SEPTIC SYSTEM & ��{? !! `�\ .Yi._ wt( .L q RETAINING OSEPH FlSCHETTI. PE DESIGN BY.' T^"_. t 1725 HOBART ROAD SOUTHOLD. NY 11971 A / l.. li-- /// /��'' aCr°p+d" 631-765-2954 AILAL S.C. TAX No. 1000-59-01-21.7 \\� /r.. . ./... ' 1' p '!% / ,--12 N 4 9 D E C .-^� AIL .. ..I� {: ,... a_�:j:.;;..z ! / SEER TE1t : 1 qw: _ .. / \ LOT 7 ::-:::': F:: • _t': +C:::.f�..:/,. /<� �^u ANDo l3� �� ].'::: Y -- I 1 N0. ! r.... ...... ! .: ! /._.. ,IeKL RM1T A M � n[nuo aawdMY a PROPOSED SEPTIC SYSTEM DETL �� / AIL RUALLTTo nhCOnlwz uE 9nonn 14r '\' \ IT Bp, . 0Q A WAIA E am fifAy�T�"r�a "�iADSJOIOBL: ::._:.. ;R I1 �n A ro 0 I.I. w�l art • AS i'. �' aa.ar aa..•r nE w os .:�:.�.':-rr:.'r: .: • �\ I \:':.'.�7::::::::: :1', ` ! •N.L Avwao IW sw 1 LTIOMM N ••°o�' D '/, \ 1 AIL {... / 1 /1 72 .A.nlal I/•%I• r POa1 I/.•!I. w. oo ar POOL oalr JAN 19 2005 AIL ALice... — LK!':.'::.': . ;! •j � .6 V Op l OBI •6 ,......: O �. 6 SEPTIC TANK (1) $OOMDIA TowTrustees 7 .41':. A j 1 19 ' y� 1.• a et Pt A I a•PMrMW of•TAN coot I r•nrur POOLS (St Board D1 h05teeS "%':':::::' - / t ! `F I Von r Io.a.•- r-r w . "..�."..".. ...... ! ! ! , ammceML wwA rreswswawawlf amA Aei.era LeirMPP Rwrli`Ii•Ie•P�Ilw�w well sMOlu Mw :'7.::.:... ' . a wL wwAsi•xt t A IewAr W31.•Mr MUM r M•cool Sai f r. a I•aM mS r<w t e�IPm r nMr Iso aam[1t taU •.•(•••:::. .......... / ! �j !I. wL tLL1 eael M Iv wu 1 rwoa o Iwo r u IaQ 0 w�. uaN aA1L,nat eY Oso Aww M•t•IL l ML 8OO NOL�EPI�91t O MT 1K lYa a a®1�01pt� 1.L 0iA fML eL f Tit Itl/as OtoQ•IO ert� •.!tM lq[` te�R N IL/a i6 on,A vo,AIrQ s AV,0 a A M ODYQ wil lien POat M aall It ML t MYt yy�, �• /'.f' �/ \ \ M•tYYS eD? Ol lrrWielQ e➢iIML 16i..10atM ela:M[aaLt WNYo " t...,..«'.?}.:f... .:!. i I ` a A a•t SSS•t Anil Bt nIM M MCw/ML t llil•► AIL I I b10"M I®ALRIInIw OF A0a1nN \a!F nP•! ...-•!I"��1,!" �:::::E ��''dO1 1J0•P THE MLw Ia•t STAR own or TAR S9XI•Y W Ilor on J%t ' •ut ryaj MEL&r:::w �/ ��'V} � �cMOIOi wR tALAS ESWAKISO INM.tAD611's.•Dl/1°" �. '� ` ":: r ' >,� Joseph A. �lgegno ••E wu r1t•o canMMne s� O • .." !! �/ •,ylb j• raw 1 mE Iwo Common Nome MB•n11 OWL wuX 'W`' f %J'!: d .(*�T' \�A.. (/ a•X TO THE Faaw row aNM wor Byy1y � \'-- 7r -;Y/// .�� pd Q�Q rt• ` , Land Surveyor {PIBTI®1 AIo w Mn SOtF wa M 1 �✓/) 7,j tfnL 991•wNT.OaOOeOiIL••D19P AIM A�a n�c,DlatleapE AI�.. � }, � �r •7P ,!: 9nn.UMMI.M•:wOr .1, �141-P' >� ns A JYIL � T � 1 SYwr - S18/IWIa _ 9Y Piw - QwWudkn LgpR In lonoxce A / •{w • _ Abe�Mwa T a ► MIOIE (631)727-2060 ` Fa (631)727-1727- Aw. MOT 7110n11 A� Iqf Ol m, df ' -e •� lie (� -j. - OFFICES LOOM AT NUM ADDRESS P 'O YS Lk- No. 496M 323 RDINOIQ MME o PA. B 1931 MERiAD. Roo Yak 11901 Rlalrol.NW Yoh 11901-0M AD= SURVEY OF 1. CLIVATIONS ARE NE EROICED TO N.O.V.D.. 19" DATUM `G EEISINIO ELEVATIONS ARE SIIDWN THUS, IQ.J ! '�, LOTS 6 & 7 2. THE LOCATION OF WELLS AND CESSPOOLS SIIDMH HEREON ARE FROM FIELD O M1� C: OBSERVATIONS AID/Ole DATA oeTAIIED Frew OTHERS, i �� SUBDIVISION MAP FOR 3. FLOOD ZONE IHFORMANN T TAKEN FROM: CONSTANTINE P. GEORGIOPOULOS FLOOD INSURANCE RATE MAP No. 3111105001541 G u ZpE ,IIE_ BASf FLOOD DEVATKNS OLTEIREJEO p/0 S � FILE No. 7844 FILED JANUARY 29, 1985 ZONE %'. MEAS OF 500--YEIA FLOOD: MEAT OF t00-YEN RDDD NTM AVERAGE 4 11EPfN a LFSS TILAH I Faor oR wnt DRAIAADE ARELs Less Ttaw 'Li v. •AO SITUATED AT I OVINE MILE: AND MIFAS PROTECTED SY UM FRON NOD-YEW F}1Y.q. �3 2=. ZONE X AFEAS DE,FAI.ED ro EE OUaIOE ,DD-,FN, iLDOWI.N, SOUTHOLD 4. MINIMUM SOW TANK CAPACITIES FOR A I TO 4 E[OROOM HOUSE ;9, J' �Ory IS 1.000 GALLONS. t TANK; S' LONG. 4'-3• WOE, e'-Y DEEP ZQ C Cl TOWN OF SOUTHOLD 5. MINIMUM LEACHING SYSTEM FOR A I TO 4 EEDROw HOUSE # ago' Lyon, SUFFOLK COUNTY, NEW YORK IS Soo ". N. smwA AREA. 5 POOLS; 2' DEEP. S' dM. 'i. o oy�� S.C. TAX No. 1000-59-01—21.6 ® PROIOYD EYFMRIdI POOL .I ®® LYL 1000-59-01-21.7 PRaPoxD IEAGMNG Pau ,'I TEST BOLE DATA SCALE 1"=50' JWc i (TEST HOLE Duc er yDpppMtul e� ON FEBRUARY 28. 20021 MARCH 28. 2002 ® NIDIOSEE SEPTIC TAME 1 E. APWIO%WATFLY 1,iW cm. YdR. OF CLEAN FILL TRUCKED IN S.C. TAX No. 1000-59-01-21.6 EL ♦.Y JUST 13. 2DO2 ADDED D SITE P E10M AN IIPLIMD SWECE SIWL DE NEEDED fOR THE PROroSED �1I D AUGUST 13. 2002 REVISED SITE D POOL SEPTIC SYS/EI1. J+11L LOT 1 ti 1 ,1 �+ bo' JUNNE 6,, 2003 REVISED PROPOSED SANITARY SYSTEM '�J �A. "''LLB yVFO Ao AUGUST 7. 2003 LOCATED WETLANDS EWE OF FgEylylrDp OCTOBER 3. 2003 REVISED PROPOSED S NITARY SYSTEM v `"l �ti FlADOEa 1N11 RL�E - h LOCATE ADOn10NAL WETLAND FLAGS d-S +LTMOS� NC. �20 I z.a' OCTOBER 12. 2003 ADDED ADOMMONAL NOTES oFlAO. ..♦' 30°3 J DECEMBER 3. 2003 ADDED WELL LOCATION ACROSS STREET / JANUARY 12, 2004 REVISED SEPTIC SYSTEM TO MAP DATED AUGUST 13. 2002 -ftIiL K E, 1 MI,RII N PME NQ1N iK °A�'�* 1e, p Rs• R / �0 J>2E'3 ro rmM seo sP AREA = 80,134.86 sq. ft. /-��/i 0 A 3,yyA' 1.840 oc. / > r �• y� SEPTIC SYSTEM & iL RETAINING WALL DESIGN BY., JOSEPH FISCHETTI, PE 1,10r 1725 HOBART ROAD /T SOUTHOLD, NY 11971 ��-- // /wY- O -, 631-765-2954 ILL �{q/{r/_ D Sc AL 75" D IL S.C. TAX No. 1000-59-01-21.7J 1pp ;� ^ OYbT JAN 2 2C04 LOT t ob PROPOSED SEPTIC SYSTEM DETA L Southold Town THE M FUMVIATIOL WETLAND IS Nw- psw E ✓ --, / r \� E1LV. J-T f, Board of Trustees EOIrrll OstJA%EY Lr �rnSS LIKE As S"owm ARED D' X/ �i0 \ f�MERDI UN/OE may. r 1F, TE6 (�E��yY 13-0 F As J,� / -'yam / .[[ 1 1 '9! I 1\' Y E�Y i D e 5 0 13-tb FI.W:S FFFVVV111((( / T/ I try', ej EDP EL aa. ` -ENE. TOP Ea' is �--1�MN. {3Os hJ`L FP.PRv.ED PPE SE,P nDC. zr TAN, aL min.MmN.wr w/e•/1' NNIE.AEOLW an.s' tE,E nAWc wb-. EyY AfD lNFME 1 Nv. Fi 5 POOL � BOT. EL ♦-0' �IN�EwMER SEPTIC TANK (1) F' // / I 1 "✓ `�/II' ' I.MPrL FIR rMW vsKnRs FIG A I W s INDllow Nd¢a I.mo OULu6, LEACHING POOLS (51 FIX WIDE F-r ONE F IPNNPM LF/OW SYOW ra A I ro♦FEPON,,Da rs>M a R 51aNN1 AIEA /' �•�. .W !^ v ILwIR srl wE A MMRr mPR�.a fIROmN R amo rN Ar ze nn s ImW r PFV.IT r. TIpIRY e1W1 eK A WRM W Y.A IO TIWi M r No A FRIP,r-o. OF,•. 2 1WRN IONS NR W E WMORCIED W MWII N NFOMFD CONCEDE(OP 011NIQ / \ ru rui FNnNI MN ry NMu mnrl Iomo m Iesr.w Nam rDIQ or.LI✓. IFMw atNK•RNa eNn O MO/m aMx P �~ 3 M?! ZANK t sS FNWIID/a IILR N ML DIRflO1N('Mn I.". iNEM4CE OF W'Il ♦ A IV m�Y�i OBWQ llRfal IWMG M1l NO 1N1P(LK fW t MIMNOl L''�O 2 • { S // I r \ a..Ia.MmM1�R Z1 BSI«iET INK AND xiCU E�Rw�eE MwNIIED. A xI r"w.�TNRi anlnl u Luv.IF Lam rN fllc rnN WNu e[wFNMRn. O I d ]J ON IRUIIOpNtm ALTERATION OR AONION so FVA To R 11 '\ 1111E / OV Ak PROP THE MINURN THIS IS A Yquloi F I Jll"' gE CTCNN LAi09 T NE'R YORK STATE eiTf gUE fV'O1 I ♦ .I, E' _/ �� g� caPEs a rIn sLATYEY NUM Nor EDWINC 2j0 zI 1 �o �d. "� "°°"`° Joseph A. Ingegno G nEDN r, .�y °` �' Land Surveyor R PPIPMPD, MD ON M6 BEHALF TO rK ,pyA,,E/ ivy h TIRE OOIPMIY, OdFZEMENMI EON A AM) '�' Cv4Yre LJ'Y Av Y tElpw: INSIIMION uSIED MREw, AND YF (f� �y /� �r 7Xk Slnvays - SehdlNsbne - Sit. PbrN - Camfrucfion LOyad ro THE 0SSRiII5 OF THE LLTOX: N511- / rUrION. CfRIPIGrKNIS ME NOT rMiRERMIE- ALL T v h J \N. ttt..�. PHONE (831)727-2090 fax (6}1)727-1727 THE EXISTENCE OF NIGHT OF WAYS b �cF / - � 3G' ✓�,\ ♦ -,c_ ^,a AND/OR EASEMENTS of RECORD. IF , '� 9 y� +� O(/ a RJ CUY't`r OFFICES LOCATED AT MATING ADDRESS ANY, NOT SHOWN ARE NOT GUARANTEED. N.V.S. Lk. No. 49668 322 ROMANE AVENUE P.O. Boo 1831 RA4RIEAD, Nae Yk 1ak ttMi RMrN40E, NRP Yak 11901-09&5 James F. King, President ��OF SOUTyo Town Hall Jill M. Doherty,Vice-President 53095 Route 25 Peggy A.Dickerson P.O.Box 1179 Southold,New York 11971-0959 " Dave Bergen 0 Bob Ghosio, Jr. '.tn �0 Telephone(631)76b-1892 2IiYCOU0 0 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction constructed Project complete, compliance inspection. ® Date 3��v8 045369 FW- Received From Address 5 ¢°i Dollars$ N'aZ aaj O LL D For F OIL 03y ACCOUNT HOWr n G¢Q AMT CASH J- ACCOUNUN T AMT PAID CHECK O MONP ORDER❑ 6AIANCE GPEOIi EiV Cl DUE i • Kenneth E. Richter Arline Richter 625 Lake Drive PO Box 449 Southold, NY 11971 September 21, 2006 Southold Town Trustees SEP 21 2006 Southold, New York, 11971 re : Mazzanobile v. Southold Town Trustess Dear Southold Town Trustees : We respectfully request that you appeal the recent State Supreme Court decision against the Trustees in their denial of Gregory Mazzanobile ' s wetland permit . We believe the Trustees were working with the best interests of the Town' s resources in mind, and their decision to preserve a globally rare wetland and dune area conforms to the preservation policies of the Town Board as well as the citizens of Southold. Since the Trustees ' decision last year, the subject parcel as well as 10 adjacent lots has been included in the newly designated NY Dept . of State Goldsmiths Inlet and Beach significant habitat . Suffolk County has made offers of purchase to all willing owners of these lots . Also, Southold' s Local Waterfront Revitalization Program was certified. Rarely has policy, law, government and community activism coincided so uniformly behind a preservation effort . It would be a privilege if our generation could share this great resource with our present and future citizens . Appealing the Court ' s decision is crucial to the success of that effort . Sincerely, Kenneth E. Richter Arline Richter W Napeague Bay g L. Y ^1 V Y a ; q 2001 Ortho Vertical Photograph 2002 SCTM ZAj d..r.: 04 'Wr VP Ilk ,OA jv Al A I \ « � A � Ari 44t*� aw'4 r 4 r . OF 04, Qp 41 311 2-OD-5 Croke Ler^, or P �ty�j 'x, ,�' rr, °' ei� �� l��17i %►1 V • �� i YMN jo F4s, 26" Vy _-?, ys�i O• ` r,;if� m A �� ~�._ � 7.<�� ' �dr ."y��I`1L�i�r�yp�^j.;-✓��t� �y�Ys1�� h'. ��,�,../� ' �y y.114. ,a�afa� /.� t � •!'61n r1� b}�°'� it a �n �7�'. r+� m �(�i r� •a �y4 i✓ 1. / e1-4 14 4ks � + �•' L y �IS �� \'��'� �� {y F Irk RA pr 3 �' V��• � � • �teO a°'� Y �� v � � �` r �iI Aw. At 4C 1. cvr_^L-v� y ' g�' fares. 1 • L �, r 2� L Al j ! �A v s M r * r I � �, .. f.:�-,�� _ • }, ..,� --- r ` -i lopw El i Y , + 4 -iX 4 rya .. A :. .. A , IMG(f�MR�l4N �.7 _ � 'dr. 4.7 ~�... 1�� t � ice. t 1►! �S. \ I y r S k 4 01/07 '05 FRI 12:56 FAX 634 6145 SOUTHOLD TOWN CLER%• 444 Trustees Z001 �g�►FFOL,��, ELIZABLim A.NEVELLE I.Z' 3S Town IiaA,53095 Mein Road 179 TOWN CLEF i� oKp.O New York � Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER * southoldtown.northforkmet FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTROLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section 1 of this form and give to Town Clerk's Office (agency Freedom of Information Officer). One copy will be returned to you in response to your request, or as an interim response. SECTION 1. TO: (Department or Officer, if known, that has the information you are requesting.) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information.) Signature of Applicant: Printed Name- Address: 0 J Ox 310 DV ow Mailing Address (if -diiffferent from above) : Telephone Number: / �r L Y G Date6/410— W laal)abo!Plo91aa5 [ ] APPROVED [ ] APPROVED WITH DELAY* [ ) DENIED' Q 50� ( i n r Elizabeth A. Neville 0138 Freedom of Information Officer e If delayed or denied see reverse side for explanation. ..f . . C L m MAY. 5.2005 4:11PM KS HEFTER ANGEL NO.296 P.2 E:SSEKS, HEFTER & ANGEL, COUNSELORS AT LAW 108 EAST MAIN STREET P.O. BOX 279 RIVERMEAO, N.Y. 1 1 90 1-02 79 WILLIAM W.EaSEKfi (631)369-1700 WATER MILL OFFICE MARCIA Z. HEFTER -- MONTAUK HIGHWAY $TCPHEN R_ANGEL TCLECOPIER NuMFER(631)360-2066 P. O. BOX 570 JANE ANN R.KRAT WATER MILL, N.Y. 11976 JOHN M.WAONCR (631)726.6633 WILLIAM POWER MALONEY CARMELA M. Di TALIA ANTHONY C. PASCA May S ZOOS IG ICA Q.$TRUNK W -•J ' D h (V.j..__»L[_�. WILLIAM M. OUPPY ' j OOORE L SKuaq OF CGUN$E l MAY - 6 2005 OF Southold Town Trustees soornoid Town Town Hall Board of Trustees 53095 Route 25, P. O. Box 1179 Southold, NY 11971 —Via Fax 765-6641 Re: Application of Gregory Mazzanobile- Permit No. 5631 Dear Trustees: As you know, we represent the applicant in the above-captioned matter. I understand that the application was denied at the last Trustees' meeting, and that our client has been requesting a copy of the transcript of the proceedings which resulted in the denial. Please provide a copy of this transcript as soon as possible, We are prepared to pick it up immediately if you call our office. R?Tecffiffly yours, SRA:md EYHEN R ANVEL cc: Gregory Mazzanobile—Via Fax Albert J. Krupski,President �0 so James King,Vice-President Town Hall 53095 Route 25 O Artie Foster ,y� P.O. Box 1179 Ken Poliwoda coSouthold,New York 11971-0959 Peggy A.Dickerson O Telephone(631)765-1892 �yCOUrm N Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 18, 2005 James E. Fitzgerald P.O. Box 617 Cutchogue, NY 11935 Re: GREGORY MAZZANOBILE 1300 & 1460 LAKE DRIVE, SOUTHOLD SCTM# 59-1-21.6, 21.7 Dear Mr. Fitzgerald: Please be advised that the following resolution was presented, seconded, and passed on April 20, 2005 by the Southold Board of Town Trustees, regarding the above referenced property: "On this date, April 20, resolve that the Board of Trustees DENY WITHOUT PREJUDICE the application of Gregory Mazzanobile for an Amendment to Permit #5631 to eliminate the swimming pool and move the proposed sanitary system leaching pools three feet further from the wetlands line. AND THEREFORE BE IT FURTHER RESOLVED that the Board of Trustees hereby REVOKE Permit#5631 for the house, decks, swimming pool and septic system that was issued on September 25, 2002 since the time of the issuance of that permit, the Board of Trustees has been made available of new information, not available to it at the time of the issuance of the prior permit, demonstrating that the proposed sanitary system and the house will have a significant adverse impact on an existing Cranberry Bog and surrounding habitat. Also according to Section 97-27 A (7) of the Town Code of the Town of Southold, the Board of Trustees is protecting a critically environmental area as defined in Section 97- 11. The facts and the understanding of how the project will affect the area as a whole were very important in the decision to present this resolution. The Board has discussed other alternatives to the site. The Board has visited the site numerous times and looked at alternatives as far as this application goes and as far as the previously approved permit goes, as far as location or size of the house. The Board has looked at alternatives; however, the Board felt for this project it was best to revoke the permit because of all the new information that came in after the Permit 5631 had been issued. This motion is made to deny without prejudice,which means that the applicant may resubmit for the same or a different proposal for this location at any time, and it would be reviewed from the beginning, and with all the information that had come in included in that review." Please contact this office with any further questions regarding the above referenced application. Sincerely, Heather Tetrault Environmental Technician Cc: Gregory Mazzanobile, VIA FAX E. Brownell Johnston Kieran Corcoran Albert J.Krupski, President ��la soolyo Town Hall James King,Vice-President ,�O 53095 Route 25 Artie Foster .IL ,IL P.O. Box 1179 Ken Poliwoda G Q Southold,New York 11971-0959 Peggy A. Dickerson Telephone(631)765-1892 lycoum Fax(631) 765-6641 BOARD OF TOWN TRUSTEES April 20, 2005 TOWN OF SOUTHOLD James E. Fitzgerald P.O. Box 617 Cutchogue, NY 11935 Re: GREGORY MAZZANOBILE 1300 & 1460 LAKE DRIVE, SOUTHOLD SCTM # 59-1-21.6, 21.7 Dear Mr. Fitzgerald: The Board of Trustees took the following action during its regular meeting held on Wednesday, April 20, 2005 regarding the above matter: WHEREAS, James E. Fitzgerald as agent for GREGORY MAZZANOBILE applied to the Southold Town Trustees for an amendment to a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated September 29, 2004, and WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Board of Trustees with respect to said application on January 19, 2005 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed on multiple occasions and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the application does not comply with the standards set forth in Chapter 97 of the Southold Town Code, and, WHEREAS, the Board of Trustees has requested the applicant to further amend the application in order to mitigate its effect on the critical environmental area, and, • 2 • WHEREAS, the Board has determined that the project as proposed will affect the health, safety and general welfare of the people of the Town, WHEREAS, specifically, it is found that the permit that was granted on September 25, 2002 was prior to the revisions of Chapter 97, the Wetland Code for the Town, and, WHEREAS, the subject property is located in a globally rare natural plant community, a maritime freshwater interdunal wetland swale, and, WHEREAS, this interdunal swale habitat is a distinct ecosystem that is seasonally flooded, a dynamic system that is susceptible to saltwater intrusion and shifting sand formation, and, WHEREAS, an interdunal swale forms a distinct ecosystem, that occurs sporadically along the Atlantic coast and consists of seasonally flooded depressions that occur in the back dunes and contain rare plants, recharge areas for groundwater, and amphibian habitats, and, WHEREAS, the interdunal swale is a globally rare habitat, as defined by the October 8, 2004 report prepared by Greg Edinger, Program Ecologist, New York Natural Heritage Program, titled NY Natural Heritage Program Review of Natural Communities Reported at Great Pond Wetlands and Dunes, and in order to protect this unique habitat the setbacks set out in the Town Code must be followed, and, WHEREAS, listed in the purpose and goals of Chapter 97 Wetlands are lands and submerged lands commonly called bogs, containing bog mat vegetation including cranberries (Vaccinium sp.), and other fresh water wetland systems, and, WHEREAS, these wetland systems are typically found within and comprise an interdunal swale ecosystem, and, WHEREAS, the purpose of Chapter 97 is to ensure for the residents of the Town of Southold the protection and preservation of these wetlands and that their values, including protection of groundwater, flood control, and plant and wildlife habitat, shall be harmed by the development as proposed in the application, and, WHEREAS, Chapter 97. Section 12B.of the Southold Town Code mandates the prevention of the loss or degradation of critical wildlife and plant habitat, and, WHEREAS, the minimum setbacks to ensure protection of these wetlands are 100 feet for a residence and 100 feet for leaching pools, and, WHEREAS, according to past aerial photography and historical information the groundwater table experiences seasonal fluctuations and the size of the wetlands increase with the movement of groundwater, and, • 3 • WHEREAS, the subject property has been identified by Eric Lamont in an independent study titled Botanical Report, August 2004, Preliminary Environmental Assessment of the "Great Ponds Wetland and Dunes" Southold, NY as a maritime freshwater interdunal swale, and, WHEREAS, the subject property contains the rare Iris prismatica, and, WHEREAS, the subject property contains maritime dunes that are designated as State Rare by the New York State Natural Heritage Program, and, WHEREAS the New York State Natural Heritage program has issued a publication in which interdunal swales are listed as priority habitats for conservation, and, WHEREAS, the standard setbacks that are normally sufficient for protecting wetland areas are not sufficient for this habitat where it is a rare community, shaped by the winds with the movement of sand and vegetation that the level of disturbance is greater from any development, and, WHEREAS, the disturbance of swales and the surrounding dunes will often lead to invasion by the common reed (European Phragmites) and Purple Loosestrife (Lythrum salicaria), and the nutrient enrichment from runoff from lawns and septic systems greatly accelerate invasion by these species, and these plants are found in that area now and more impacts will support a monoculture of Phragmites and a loss of valuable wetland species, and, WHEREAS, information from the town's Local Waterfront Revitalization Plan, including Section (ii) Flooding and (iv) Areas of Special Concern, identify this location as a primary area of concern for erosion, environmental protection, and protection of habitat and wetlands, and, WHEREAS, according to Section 97-27 A (7) of the Town Code of the Town of Southold, the Board of Trustees is empowered to protect a critical environmental area as defined in Section 97-11, NOW THEREFORE BE IT RESOLVED, that the Board of Trustees DENY WITHOUT PREJUDICE the application of Gregory Mazzanobile for an Amendment to Permit#5631 to eliminate the swimming pool and move the proposed sanitary system leaching pools three feet further from the wetlands line. AND THEREFORE BE IT FURTHER RESOLVED that the Board of Trustees hereby REVOKE Permit#5631 for the house, decks, swimming pool and septic system that was issued on September 25, 2002 since the time of the issuance of that permit, the Board of Trustees has been made available of new information, not available to it at the time of the issuance of the prior permit, demonstrating that the proposed sanitary • 4 ! system and the house will have a significant adverse impact on an existing Cranberry Bog and surrounding habitat. Also according to Section 97-27 A (7) of the Town Code of the Town of Southold, the Board of Trustees is protecting a critically environmental area as defined in Section 97- 11. The facts and the understanding of how the project will affect the area as a whole were very important in the decision to present this resolution. The Board has discussed other alternatives to the site. The Board has visited the site numerous times and looked at alternatives as far as this application goes and as far as the previously approved permit goes, as far as location or size of the house. The Board has looked at alternatives; however, the Board felt for this project it was best to revoke the permit because of all the new information that came in after the Permit 5631 had been issued. This motion is made to deny without prejudice, which means that the applicant could resubmit for the same or a different proposal for this location at any time, and it would be reviewed from the beginning, and with all the information that had come in included in that review. BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency, which may also have an application pending for the same or similar project. Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK: hct Cc: E. Brownell Johnston, Esq. Kieran Corcoran, Esq. Stephen Angel, Esq. The Suffolk Times•April 28,2005-211 Wetlands r Itpulled pe Trustees say no for parcel ..�„ Southold land pros- near pond ervatlon coordinator Mellssa Spiro with SOUTHOLD—In another big map of the Great Ponds wetlands area step towards preserving a rare wet- In Southold during a lands ecosystem,the Southold Trust- recent public hearing ( ees voted unanimously last Wednes- on the town's plan to day to revoke a building permit is- add the acreage to sued in 2002 on a double lot in the ( Its preservation wish Great Pond area. list. In its decision,the Trustees board `„ Suffolk Times photo e . by Tim Kelly cited new information about the en- vironmental sensitivity of the sandy area, which recently was added to the town's land preservation wish list. Area residents who've urged the protection of the area's remain- ing open space welcomed the vote. "This is an unusual, upstanding de- cision,and we thank the trustees for -all their hard work,"said Lillian Ball of the Great Pond Wetland Pres- ervation Committee, a grass-roots group of Kenney's Beach residents ' that is working with the U.S.Fish & Wildlife Service, state, county and r town agencies, and reaching out to landowners, to preserve an area of about 12 acres. The permit for a lot bordered by Lake Drive and Leeton Drive was issued to Gregory Mazzanobile, a prospective buyer. The land is owned by a"member of the Geor- gioupolis family, according to the permit records. Mr. Mazzanobile torney Step en' ngel,who was no available for comment this week. ,, R The preservation group plans to approach the owner to work out an " agreement,said Ms.Ball.The group It's understands that the property own- 1l s iJ e a C.Theedd*n �� • ' ers are concerned about receiving a fair price for their lots, and esti- + mates it may take as much as$2 mil- lion to preserve the whole piece,she 3.1k J $ 1 added. Two =. EI � 1vo weeks ago, the Town Board approved Southold's part of a three- way deal to prevent the development Suddenly,checking accounts aren't what they used Plus you'll receive extra interest on any number of of a .72 acre corner lot. The Great to be.That's because Hudson City Savings Bank has our featured CDs. I Pond group raised money for the done them one better with High Value CheckingTm. purchase, which was made through High Value Checking is for anyone who wants the i the Peconic Land Trust.At the same convenience of one account and is tired of low or If you maintain a minimum balance of$20,000 in time, the Town Board added the Y non-interest checking accounts at other banks. High Value Checking Account,you'll earn one Great Pond acreage to Southold Your Of the highest interest rates on Long Island on your Stop by or call us for more information.Hudson Community Preservation Fund, a money.You'll also unlimited check writing,no City Savings Bank.Where we always give you at 1 Y g� &, tY gs Y a� Y great list of about do parcels that priori- fees free on-line bill paying and free wire services. interest in any number of ways. tizes preservation efforts. Classified as"maritime dunes," and"maritime •Armual Percents� ge Yield(AM as of 4/8/0.5.$10,000.minimum bslance required to open an account.Rates subject to change without notice. freshwater interdunal swales,' the Fee may affect earnings.$20 monthly fee on balances below$20,000.Current balance tiers and variable interest rates Are:$0-19,999=2.00% area is a type of ecosystem listed as AFY; $20,000t-3.00%AFY.CD interest rate bonus offer is limited to featured accounts and may be withdrawn at any time. rare in New York by the New York ` Natural Heritage Program.The sec- I/OH/O/0/I BOYS NOW Gbml and category is listed as globally rare.It's home to native cranberries, Main Road,8oudhold at Feather Hilt YrBa (631)765-4019 mse flower, a Iris plants and a HUDSON CITY rare flower, the Iris prismatica.The ""'"° ''�0M'-�""s'9i1M4!'M•F'''9nM"6PM•Sat.9AM-Noon site is part of a wetland system that Q 18 East Montauk Highway,Hampton Bays• (631)728-3597 $ A V I N a S B A N K runs between Goldsmith's Inlet and ,,a Mon.-Thars.9AM-5PM•Fri.9AM-6 PM•Sat.9Aht-1 PM ( � Horton Point,and acts as a filter for 1°'" tpwwAudsoncitysawingsbankcom Btik on Better' Valuer Great Pond just to the south. Gwendolen Groocock ; • • Margaret DeLuca From: Margaret DeLuca Sent: Thursday, April 14, 2005 1:00 PM To: 'gregory.mazzanobile@thomson.com' Subject: Application Dear Greg: Attached is a draft of a letter I intend to deliver to the Board of Trustees and the Board's counsel. Let me know if you have any comments. Sincerely, Stephen R. Angel ROCS-205755-v1-m azzanobile—... 1 Page 2 In the Matter of Stanley Friedenburg, etc.,et al.,respondents,v New York State Department of Environmental Conservation,appellant. (Index No. 95-11124) 2001-05219 SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECONDDEPARTMENT 3 A.D.3d 86; 767 N.Y.S.2d 451, 2003 N.Y. App. Div. LEXIS12447 October 3, 2002, Argued r6CW 00f November 24, 2003,Decided NOTICE- [***I] THE LEXIS PAGINATION OF THIS properly without just compensation, and an order, DOCUMENT IS SUBJECT TO CHANGE PENDING pursuant to N.Y. Envtl. Consem. Law ¢ 25-0404, for THE RELEASE OF THE FINAL PUBLISHED condemnation proceedings. The Supreme Court, Suffolk VERSION. County (New York), found that a taking without just compensation had occurred. The Department appealed. SUBSEQUENT HISTORY: As Corrected March 16, 2004. OVERVIEW: The decedent owned the land parcel prior to the enactment of the Tidal Wetlands Act, N.Y. Envtl. PRIOR HISTORY: APPEAL by the New York State Conserv. Law art. 25, ch. 790 (1973). The appellate Department of Environmental Conservation in a court held that that the Department's denial of a permit proceeding pursuant to CPLR article 78, inter alia, to for a single family dwelling did not constitute a review a determination of the Commissioner of the New categorical or per se taking of petitioners' property York State Department of Environmental Conservation, because it was conceded that the property retained at dated April 14, 1995, which denied the petitioners' least a five percent residuary value. However, petitioners application for a tidal wetlands permit, from ajudgment demonstrated a taking, as they established beyond a of the Supreme Court (Harry E. Seidell, J.), entered reasonable doubt that the regulation and denial of the January 25, 2001. in Suffolk County, which, inter alia, permit destroyed all but a bare residue of the economic determined that the Commissioner of the New York value of the property. The Department failed to rebut the State Department of Environmental Conservation's appraiser's pre-regulation value as $665,000. It was determination constituted the equivalent of a taking determined that the residual property value was without compensation. Friedenburg v. New York S'taie $31,500. Thus, there was a 95 percent reduction in Dept of Envtl. Conservation, 240 A.D.2d 407, 658 value. Further, the Department's legitimate reasons for N.YS..2d 643, 1997 N.Y. App. Div. LF—WS 5768 (N.Y. regulating tidal wetlands did not prevent petitioners App. Div. 2d Dep'l, 1997) from succeeding on the takings claim. Nor was there a finding of reciprocity of advantage or shared benefit, as petitioners were left with a situation where their only CASE SUMMARY: viable choice was to leave the property in its natural state. PROCEDURAL POSTURE: Petitioners, an estate administrator and others, sought to have defendant New OUTCOME: The judgment of the trial court was York State Department of Environmental Conservation's affirmed. denial of a wetlands permit be regarded as a taking of 3 A.D.M 86, *; 767 N.Y.S.2d451, ** Page 3 2003 N.Y. App. Div. LEXIS 12447, *** CORE TERMS: regulation, wetland, parcel, tidal, compensation without case-specific inquiry advanced in categorical, regulatory taking, property owner, market support of the restraint. The first category is a physical value, landowner, water, catwalk, dock, economically invasion of the property. The second category is where beneficial, economic impact, regulated, beyond a regulation denies all economically beneficial or reasonable doubt, installation, appraiser, landward, productive use of land. When the owner of real property mooring, storage, subject parcel, balancing test, single has been called upon to sacrifice all economically family, per se rule, reciprocity, tantamount, deprives, beneficial uses in the name of the common good, that is, acquire, septic to leave his (or her) property economically idle, he (or she) has suffered a taking. In such a situation, a LexisNexis(R)Headnotes categorical taking is found without regard to the government's justifications for the regulation. Environmental Law: Natural Resources &Public Lands: Wetlands Management Environmental Law: Zoning & Land Use: Eminent [HNh] The New York Legislature has enacted strict Domain Proceedings guidelines for the application and granting of permits to [HN7] The United States Supreme Court has clarified landowners who wish to conduct regulated activities in the distinction between a physical taking and a and around inventoried wetlands. regulatory taking, and limited a Lucas analysis to extraordinary circumstances in which the government Environmental Law: Natural Resources& Public Lands: deprives a property owner of all economic uses. The Wetlands Management basis for this distinction is found in the text of the Fifth [HN21 Any person aggrieved by the issuance, denial, Amendment. Its plain language requires the payment of suspension, or revocation of a permit may obtain judicial compensation whenever the government acquires review pursuant to N.Y. Event. Conserv. Law § 25- private property for a public purpose, whether the 0404. acquisition is the result of a condemnation proceeding or a physical appropriation. But the United States Environmental Law: Zoning & Land Use: Eminent Constitution contains no comparable reference to Domain Proceedings regulations that prohibit a property owner from making Environmental Law: Natural Resources & Public Lands: certain uses of his or her private property. Wetlands Management [HN31 See N.Y. Event. Conserv. Law § 25-0404. Constitutional Law: Procedural Due Process: Eminent Domain& Takings Environmental Law: Zoning & Land Use: Eminent Environmental Law: Zoning & Land Use: Eminent Domain Proceedings Domain Proceedings [HN4] Where regulatory actions restrict the ability of a [HN8] In determining whether government action landowner to enjoy its property,judicial review follows a affecting property is an unconstitutional deprivation of two-step process. If the court finds that the pennit denial ownership rights under the Just Compensation Clause, a is supported by substantial evidence, then a second court must interpret the word "taken." When the determination is made in the same proceeding to government condemns or physically appropriates the determine whether the restriction constitutes an property, the fact of a taking is typically obvious and unconstitutional taking requiring compensation. undisputed. When, however, the owner contends a taking has occurred because a law or regulation imposes Environmental Law: Zoning & Land Use: Eminent restrictions so severe that they are tantamount to a Domain Proceedings condemnation or appropriation, the predicate of a taking [FINS] A landowner who claims that land regulation has is not self-evident and the analysis is more complex. effected a taking of his property bears the heavy burden of overcoming the presumption of constitutionality that Constitutional Law: Procedural Due Process: Eminent attaches to the regulation and proving every element of Domain&Takings his claim bevond a reasonable doubt. Environmental Law: Zoning & Land Use: Eminent Domain Proceedings Environmental Law: Zoning & Land Use: Eminent [HN91 Physical takings are as "old as the Republic" and, Domain Proceedings for the most part, involve the straightforward [HN6] Although regulatory takings jurisprudence has application of per se rules. Regulatory takings traditionally eschewed any set formula preferring to jurisprudence, in contrast, is of more recent vintage and engage in essentially tut hoc, factual inquiries, there are is characterized by essentially ad hoc, factual inquiries at least two "categories" of regulatory action that require designed to allow careful examination and weighing of 3 A.D.3d 86, *; 767 N.Y.S.2d 451, **; Page 4 2003 N.Y. App. Div. LEXIS 12447, *** all the relevant circumstances. It is inappropriate to treat designed to bar the government from forcing some cases involving physical takings as controlling people alone to bear public burdens which, in all precedents for the evaluation of a claim that there has fairness and justice, should be borne by the public as a been a regulatory taking; and vice versa. whole. Environmental Law: Zoning & Land Use: Eminent Constitutional Law: Procedural Due Process: Eminent Domain Proceedings Domain&Takings [HN101 The categorical rule in Lucas was carved out for [HN15] When there is reciprocity of advantage then the the "extraordinary case" in which a regulation claim that the government has taken private property permanently deprives property of all value; the default has little force: the claimant has in a sense been rule remains that, in the regulatory taking context, a compensated by the public program adjusting the court requires a more fact specific inquiry. benefits and burdens of economic life to promote the coirunon good. Thus, shared economic impacts resulting Environmental Law: Zoning & Land Use: Eminent from certain types of land use controls have been held to Domain Proceedings be non-compensabee. [HNII] An analysis of a regulatory taking spans both ends of a spectrum. At one end is a regulation that Constitutional Law: Procedural Due Process: Eminent merely diminishes the value of the land requiring no Domain&Takings compensation. At the other extreme is the regulation rHN161 That the purpose and function of a regulatory that results in a total deprivation in value, tantamount to imposition is relevant to drawing the line between mere a physical taking demanding just compensation. diminution and partial taking should not be read to suggest that when the government acts in pursuit of an Environmental Law: Zoning & Land Use: Eminent important public purpose, its actions are excused from Domain Proceedings liability. To so hold would eviscerate the plain language [HN121 When there is no per se taking, the courts are of the Takings Clause, and would be inconsistent with required to engage in ad hoc, factual inquiries. Where a United States Supreme Court guidance. It is necessary per se taking is not demonstrated, whether a taking has that the government act in a good cause, but it is not occurred may be determined by an examination of sufficient. The Takings Clause already assumes the various factors such as those set forth in the Penn government is acting in the public interest. Central case: the economic impact of the regulation, the extent to which the regulation has interfered with Constitutional Law: Procedural Due Process: Eminent reasonable investment-backed expectations, and the Domain&Takings character of the governmental action. [FIN171 See U.S. Const. amend. V. Environmental Law: Zoning & Land Use: Eminent Constitutional Law: Procedural Due Process: Eminent Domain Proceedings Domain&Takings [HN131 Regarding a taking, the value of the property [HN181 As to a demonstration of loss of economic use to after the regulation depends on what remaining uses are the property owner as a result of a regulatory imposition, available to the property owners. In making such a the trial court must consider: whether there are direct determination, the court may look to the uses specified compensating benefits accruing to the property, and in the Spears letter. However, a petitioner may rebut the others similarly situated, flowing from the regulatory proposed list of uses. A landowner may be able to environment; whether there are any benefits, general further limit the after-regulation uses proposed in a and widely shared through the community and the Spears letter by proving that there is no reasonable society, while the costs are focused on a few; and probability that the local municipality would approve whether alternative permitted activities economically those uses. An owner is required to prove that relief realistic in light of the setting and circumstances, and from the zoning restriction is not reasonably to be realistically available. In short, whether the government expected, acted in a responsible way, limiting the constraints on property ownership to those necessary to achieve the Constitutional Law: Procedural Due Process: Eminent public purpose, and not allocating to some number of Domain&Takings individuals, less than all. a burden that should be home [HN141 The legitimacy of a governmental regulation by all. does not lead to the result that the government has no obligation to pay compensation as a result of that Constitutional Law: Procedural Due Process: Eminent regulation. The Fifth Amendment's guarantee is Domain&Takings 3 A.D.3d 86, *; 767 N.Y.S.2d 451, ** Page 5 2003 N.Y. App. Div.LEXIS 12447, *** [HN191 When the impact of a regulation on a property owned by her estate, under the control of the petitioners owner is severe, it is less realistic to indulge the usual who are the executors thereof assumption that the legislature is simply adjusting the benefits and burdens of economic life in a manner that It is generally acknowledged that at the time of secures an average reciprocity of advantage to everyone purchase, the wetland areas on the property could concerned. legally have been filled in, and there were essentially no restrictions to prohibit the construction of a single COUNSEL: Eliot Spitzer, Attorney-General, New York, family home. In 1973, New York State adopted the N.Y. (Gregory J. Nolan, Marion R. Buchbinder, and Tidal Wetlands Act (Environmental Conservation Law Norman Spiegel of counsel), for appellant. Article 25, L 1973, ch 790). Pursuant thereto, the DEC determined that virtually all of the subject parcel should Esseks, Hefter & Angel, Riverhead, N.Y. (Stephen R. be designated as tidal wetlands. In or about 1987, the Angel, Anthony C. Pasca, and Nica B. Strunk of petitioners applied for a tidal wetlands permit for the counsel),for respondents. construction of a single family residence. After extensive administrative proceedings, the DEC denied JUDGES: SONDRA MILLER, J.P., GABRIEL M. the application via a written decision dated April 14, KRAUSMAN, GLORIA GOLDSTEIN, REINALDO E. 1995, because, inter alia, the septic system of the RIVERA, JJ. KRAUSMAN, GOLDSTEIN and proposed project would cause the release of sewage RIVERA, JJ., concur. effluent containing pathogenic bacteria and viruses into the waters of Shinnecock Bay and into the nearby OPINIONBY: SONDRA MILLER wetlands. OPINION: [*87] [**4531 OPINION&ORDER Concomitantly, in October of 1989, the Village of Southampton adopted wetlands regulations as part of its S. MILLER, J. [***2] P. This appeal presents us with zoning code[***41 in Article III(A)entitled "Wetlands." the opportunity to address issues arising from the The wetlands code is administered by the Village's application of New York State wetlands regulations, as Zoning Board of Appeals (hereinafter the ZBA), administered by the appellant, the New York State Contemporaneous with the proceedings for a wetlands Department of Environmental Conservation (hereinafter permit before the DEC, the petitioners applied for a the DEC), which have virtually eliminated the ability of Village wetlands permit. The ZBA denied the the petitioners to utilize waterfront real property. The application without prejudice, on the ground that the ultimate question to be answered is whether the DEC's denial of the application for a State wetlands application of these regulations rises to the level of a permit precluded the ZBA from granting approval for a taking, thereby requiring the payment of monetary Village permit(see ECL 25-0302[1]). compensation. Under the circumstances of this case, we agree with the Supreme Court that a taking has II occurred. The petitioners thus commenced this proceeding in 1 1995 for an order annulling the DEC's April 14, 1995, determination and directing the issuance of the State The parcel of real property at the center of the instant wetlands permit. In the alterative, the petitioners controversy is approximately 2.5 acres in area, located prayed, inter ilia, that the DEC's action be regarded as a on the north side of Meadow Lane in the Village of taking of property without just compensation, and that Southampton. The property is situated within a pursuant to ECL 2.5-0404, the DEC be ordered to residential zone, pursuant to the zoning ordinance of the commence condemnation proceedings. Village of Southampton. The lot fronts upon the south shore of the Shinnecock Bay and is immediately east of The DEC moved to dismiss the proceeding; the the adjacent Southampton helicopter landing pad. All motion was denied by order of the Supreme Court dated but a small upland portion of the parcel has been February 1, 1996. [**454] For procedural reasons, this classified as tidal wetlands, court modified the order in (Matter qf Friedenburg v New York Slate Dept. of Envtl. Conservation, 240 1*881 Insofar as relevant to this appeal, the property A.D.2d 407, 658 N.P,S'.2d 643),[***51 to the extent of was purchased [***31in 1962 by the late Gwendolyn dismissing the petitioner's[*891 cause of action seeking Londino, who died on October 12, 1991 It is now to annul the April 14, 1995, determination. However, this court sustained the remainder of the petition, Page 6 3 A.D.3d 86, *; 767 N.Y.S.2d 451, ** 2003 N.Y. App. Div. LEXIS 12447, *** including the taking claims, finding that those claims April 14, 1995, was $665,000, and after enforcement stated valid causes of action, there was either no market value or the value was nominal. Haberman indicated that in determining the On July 11, 1997, the DEC issued a letter pursuant to post-enforcement value, he considered the uses (Spears v Berle, 48 NY.2d 254, 422 MY.S..2d 636, 397 enumerated in the Spears letter but could find no N.E.2d 1304), according to which the DEC indicated it competitive market for property with those limitations. would permit the following activities on the property: Edward Deyermond, the Tax Assessor of the Town of Southampton, applying the equalization rate to the "1. The uses listed in 6 NYCRR 661.5 as a use not assessment in the Village of Southampton's requiring a permit (NPN) for a particular tidal wetland memorandum of taxes, testified that the market value of zone or adjacent area provided such activity does not the parcel was $802,208 in 1993, $674,396 in 1994, and involve a regulated activity (see 6 NYCRR 661.7[aj); $664,761 in 1995. "2. Installation of a four foot wide catwalk and Jolm Holden, a professional engineer, confirmed that a associated pier with a 6 X 20 foot floating dock for septic system to serve a home could be built on the water/boat access to the waters of Shinnecock Bay property under pre- and post-1995 Suffolk County subject to the submission of depth soundings to calculate Health[**455] regulations. Anthony Tolull and Gilbert where 3 foot mean low water is located * * * A floating Flanagan, attorneys, testified that there was a great dock and ramp can be used for mooring and docking up likelihood that local zoning approval to construct a to three boats. The catwalk can extend approximately house would be given to the petitioners if the DEC 390 feet from the tidal wetlands boundary to navigable issued a permit. water;[***6] Stanley Friedenberg, sued herein as Stanley "3. Installation of a 1,000 square foot pervious parking Friedenburg, one of the executors for the estate of area parallel to Dune Road located 75 feet landward Gwendolyn Londino, testified that during the time he from the most landward edge of the tidal wetland; had been involved with the property, no one had approached hum for the purpose of [***8]acquiring the "4. Installation of a 225 square foot structure such as a property for any purpose associated with the helicopter deck, garage, gazebo or storage shed for storage of landing pad. boating equipment and other items 75 feet landward from the most landward edge of the tidal wetlands Scott Strough, President of the Board of Trustees of boundary; the Freeholders and Commonality of the Town of Southampton (hereinafter the Trustees), testified that "5. Permanent or seasonal mooring of a single family DEC approval would not preclude the need for the house boat at the dock described in # 2 above provided petitioners to seek a permit from the Trustees for the there is sufficient water depth and provided there is a combination catwalk, ramp, floating dock, and demonstrated means for handling septic and waste water houseboat referred to in the Spears letter its uses 2 and via a commercial marina pumpoul facility or on-site 5. He further testified that the Trustees denied a similar portable pumpout, application by the owner of the property immediately to the east of the subject parcel (hereinafter the Newman "6. Use as a parking or storage facility for the Village parcel). He opined that the Trustees would deny the of Southampton's helicopter landing pad, subject to the catwalk, ramp, and dock as referred to in use 2, and conditions set forth in Nos. 3 and 4 above." stated that approval for a smaller version of this project would be unlikely. Strough testified that the Trustees 1*901 On January 18, 2000, the Supreme Court denied would not approve the mooring of a single-family[*911 the DEC's subsequent summary judgment motion. houseboat referred to in use 5. Strough stated that he spoke with his fellow board members about this and they Ill shared his opinion as to the likelihood of permitting the proposals in the Spears letter. A hearing was held on the petition in the Supreme Court on April 3, 4, 6, and 7, 2000. Ronald Haberman, Roy Haje, an environmental consultant, testified that a licensed real estate appraiser testifying for the use I in the Spears letter consisted merely of petitioners, stated that using a comparable sales those[***9] uses for which no permit was necessary approach the market value of the property prior to pursuant to the tidal wetland regulations. He further enforcement[***7] of the tidal wetlands regulations on testified that it was very unlikely that the ZBA would 3 A.D.3d 86, *; 767 N.Y.S.2d 451, ** Page 7 2003 N.Y. App. Div. LE3US 12447, *** approve the parking area in use 3 or the 225 square-foot structure in use 4 of the Spears letter. [HN1] The Legislature has enacted strict guidelines for the application and granting of permits to Patrick Given, a licensed real estate appraiser, testified landowners who wish to conduct regulated activities in for the DEC that, using the sales comparison method, and around inventoried wetlands (see Matter of Gazza v the market value of the petitioners' property never Nery York State Dept. of Envtl.Conservation, 89N.Y2d exceeded $50,000. The basis for this conclusion was his 603, 612, 657 NYS.2d 555, 679 NE.2d 1035, cert determination that the property was a wetlands parcel denied 522 U.S.. 813, 139 L. Ed. 2d 22, 118 S. Ct. 58; that could not be developed. Given's opinion was that ECL 25-0402, 25-0403). [HN2] Any person aggrieved the property's highest and best uses were for recreational by the issuance, denial, suspension, or revocation of a purposes such as the water access uses referred to in tite permit may obtain judicial review pursuant to ECL 25- Spears letter. Given testified that the potential 0404. Among the available relief: [HN31 "In the event purchasers for such a parcel consisted primarily of that the court may find that the determination of the neighbors. Given also referred to a comparable sale in commissioner constitutes the equivalent of a taking 1993 of the 3.9-acre Newman parcel. This parcel,which without compensation, and the land so regulated consisted almost entirely of all or nearly all wetlands, otherwise meets the interest and objectives of this act, it was sold for$35,000. may, at the election of the commissioner, either set aside the order or require the commissioner to acquire the George Stadnik testified that he was employed by the tidal wetlands or such rights in them as have been taken, DEC as a Marine Resource Specialist One whose duties proceeding under[***121 the power of eminent domain" included reviewing tidal wetlands applications. He (ECL 25-0404). recommended to Peter Corwith, a Southhvnpton Town[***10] Trustee, that installation of a dock be [HN4] Where regulatory actions restrict the ability of approved for both the petitioners' property and the a landowner to enjoy its property,judicial review follows Newman parcel. Stadnik informed Corwith that there a two-step process. "if the court finds that the permit were several ways to obtain a permit to dock a vessel on denial is supported by substantial evidence, ten a these properties. second determination is made in the same proceeding to determine whether the restriction constitutes an Patricia Zielenski testified that she was the Regional unconstitutional taking requiring compensation" (de St. Supervisor of the DEC's real property office in Stony Auhin v Flocke, 68 NK2d 66, 70, 505 NYS2d 859, Brook. Zielenski testified that in August of 1999, the 496 N.E.2d 879). In the instant matter, the petitioners DEC offered $77,500 for the Newman parcel, but the do not argue that the denial of the permit was not sale never took place. supported by substantial evidence. Therefore, the issue before this court is whether the restriction constitutes a IV taking requiring the payment of just compensation. In its decision after the hearing, the Supreme Court [HN5] "A landowner who claims that land regulation concluded that the petitioners had established that the has effected a taking of his property bears the heavv 1995 pre-regulation value of their property was burden of overcoming the presumption of $665,000. Moreover, notwithstanding that the constitutionality that attaches to the regulation and petitioners demonstrated beyond a reasonable doubt that proving every element of his claim beyond a reasonable there was a strong[**4561 probability that most, if not doubt" ( de St. Aubin v Flacke, supra at 76). In (Lucas all, of the recreational uses 2 through 6 in the Spears v ,South Carolina Coastal Council, 505 U.S. 1003, 120 letter would ultimately not be approved, the DEC had L. Ed. 2d 798, 112 S. Ct. 2886),[***13] a factually demonstrated that the property had a residual market analogous matter dealing with coastal building value of $31,500 if it was used[*921 as a means of restrictions, the United States Supreme Court stated that gaining access to the waters of Shinnecock Bay. [HN6] although relndatory[*931 takings jurisprudence Nevertheless, the court found that it return of only has traditionally "eschewed any set formula * * * $31,500 represented a diminishment of the market value preferring to engage in essentially ad hoc, factual of the petitioners' property of over 95% and constituted inquiries," there are at least two "categories" of a[***11] compensable taking. The DEC now appeals regulatory action that require compensation "without from a judgment entered January 25, 2001, upon the case-specific inquiry advanced in support of the foregoing decision. We affirm. restraint" (Lucas v South Carolina Coastal Council, supra at 1015). The first category, a physical invasion of V the property, is not applicable to this situation (id.). • i Page 8 3 A.D.3d 86, *;767 N.Y.S.2d 451, **1 2003 N.Y. App. Div. LEM 12447, *** most part, involve the straightforward application of per The second category "is where regulation denies all se rules. The Supreme Court observed that its economically beneficial or productive use of land" (id. at "regulatory takings jurisprudence, in contrast,is of more 1015). The Court stated that "when the owner of real recent vintage and is characterized by 'essentially ad property has been called upon to sacrifice all hoc, factual inquiries"' (id. at 322, [***16]quoting Penn economically beneficial uses in the name of the common Cent. Transp. Co. v City of New York, 438 U.S. I04, good, that is, to leave his [or her] property 124, 57 L. Ed. 2d 631, 98 S. Ct. 2646)designed to allow economically[**457] idle, he [or she] has suffered a "'careful examination and weighing of all the relevant taking" (Lucas v South Carolina Coastal Council, supra circumstances "' (Tahoe-Sierra Pres. Coun. v Tahoe at 1019; see also Gazza v New York-State Dept ofEnvtl. Regional Planning Agcy., supra at 539-540, quoting Conservation, supra at 616). In such a situation, a Palazzolo v Rhode Island, 533 U.S. 606, 636, 150 L. Ed. categorical taking [***14] is found without regard to the 2d 592, 121 S. Ct. 2448 [O'Connor, J. concurring]). The government's justifications for the regulation (see Lucas Court went on to instruct that it is "inappropriate to treat v South Carolina Coastal Council, supra at 1026). cases involving physical takings as controlling precedents for the evaluation of a claim that there has Contrary to the petitioners' contentions, the effect of been a regulatory taking; and vice versa" (Tahoe-Sierra the wetlands regulations on its property is not a per se Preserv. Coun. v Tahoe Regional Planning Agcy., supra taking. In . (Tahoe-Sierra Preserv. Coun. v Tahoe at 324). The basis for this fundamental distinction is Regional Planning Agcy, 535 U.S.. 302, 152 L. Ed. 2d because "land-use regulations are ubiquitous and most of 517, 122 S. Ct. 1465), dealing with the issue of whether them impact property values in some tangential way - a temporary building moratoriurn constituted a taking, often in completely unanticipated ways. Treating them [HN71 the United States Supreme Court clarified the all as per se takings would transform government distinction between a physical taking and a regulatory regulation into a luxury few governments could afford" taking, and limited a Lucas analysis to extraordinary (id. at 324). circumstances in which the goverment deprives a property owner of all economic uses. The basis for this [**458] However, several years earlier in Lucas, the distinction, the Court declared, is found in the text of Supreme Court applied a categorical or per se rule in a the Fifth Amendment. Its plain language requires the regulatory[***171 taking. In Tahoe Sierra, the Court payment of compensation whenever the government used the opportunity to clarify the holding in Lucas and acquires private property for a public purpose, whether narrow the exception in which a categorical or per se the acquisition is the result of a condemnation rule applies to a regulatory taking. "The categorical rule proceeding or a physical appropriation. But the United that we applied in Lucas states that compensation is States Constitution contains no comparable reference to required when a regulation deprives an owner of 'all regulations that prohibit a property owner from making economically beneficial uses' of his land" (Tahoe-Sierra certain uses[***151 of his or her private property (see Preserv. Coun. v Tahoe Regional Planning Agcy., supra Tahoe-Sierra Preserv. Coun. v Tahoe Regional at 330 [emphasis in original], quoting Lucas v South Planning Agcy., supra at 331-332). Carolina Coastal Council, supra at 1019). The Court reiterated that the "statute [in Lucas] that wholly In a footnote, the Court provided guidance on how to eliminated the value [of the property interest] clearly identify the distinction. [HN81 In determining whether qualified as a taking," but the holding in Lucas was government action affecting property is an "limited to 'the extraordinary circumstances when no unconstitutional deprivation of ownership rights under productive or economically beneficial use of land is the Just Compensation Clause, a court must interpret the permitted"' (Tahoe-Sierra Preserv. Coun. v Tahoe word "taken." When the government condemns or Regional Planning Agcy., f*95J supra at 330 [emphasis physically appropriates the property, the fact of a taking in original], quoting Lucas v South Carolina Coastal is typically[*94] obvious and undisputed. When. Council, supra at 1017). To emphasize the word "no" however, the owner contends a taking has occurred relative to productive use, the Court pointed to a because a law or regulation imposes restrictions so footnote in Lucas which explained that the[***18] severe that they are tantamount to a condemnation or categorical rule would not apply if the diminution in appropriation, the predicate of a taking is not self- value were 95% instead of 100%. Anything less than a evident and the analysis is more complex (id. at 322 n "complete elimination of value" or a "total loss," the 17) Court acknowledged, would require the kind of analysis applied in Penn Central (Tahoe-Sierra Presem. Coun. v [HN9] Physical takings, according to Tahoe-Sierra, Tahoe Regional Planning Agcv., supra at 330, quoting are as "old as the Republic" (id. at 322) and, for the Lucas v South Carolina Coastal Council, supra, at • Page 9 3 A.D.3d 86, *; 767 N.Y.S.2d 451, **; 2003 N.Y. App. Div. LEXIS 12447, *** 1019, n 8). In sum, the Court held that it is "clear that The DEC contends that the economic impact factor [HN 101 the categorical rule in Lucas was carved out for weighs in favor of finding no taking under the Penn the 'extraordinary case' in which a regulation Central case. First, it argues that the regulation of the permanently deprives property of all value; the default property, "while reducing the value of the subject lot, rule remains that, in the regulatory taking context, we did not have sufficient economic impact so as to work a require a more fact specific inquiry" ( Tahoe-Sierra v taking." The DEC contends that the trial court Preserv. Coun. v Tahoe Regional Planning Agcv., supra improperly valued the property at $31,500 based on an at 332). incorrect assumption that the uses listed in the Spears letter were not likely to be approved. Instead, the DEC Thus, [HNI I] an analysis of a regulatory taking spans argues that the court should have accepted its after- both ends of a spectrum. At one end is a regulation that regulation[***21]value of$50,000. merely diminishes the value of the land requiring no compensation. At the other extreme is the regulation The petitioners adduced the testimony of Ronald that results in a total deprivation in value, tantamount to Haberman, an appraiser, who valued the property prior a physical taking demanding just compensation (see to the enactment of the wetlands regulations. Based on Lucas v .S'outh Carolina Coastal Council, supra). In the an analysis of comparable sales of vacant waterfront instant[***19] case, it is conceded that the petitioners' property, Haberman determined that the pre-regulation property retains at least a 5%residuary value. In light of value of the property as of April 14, 1995 (the date of Tahoe-Sierra, a categorical or per se rule on a regulatory the DEC's decision), was $665,000. The DEC did not taking as applied in Lucas is not applicable here. provide any pre-regulation assessment of the value of Accordingly, we hold that the DEC's denial of a permit the property. As the DEC failed to rebut this finding, for a single family dwelling does not constitute a and the assessment was supported by credible evidence, categorical or per se taking of the petitioners' property. this finding of fact by the hearing court should not be disturbed. Sn [HN13] The value of the property after the regulation Notwithstanding that the petitioners have not depends on what remaining uses are available to the established a per se taking, they have demonstrated a property owners. In making such a determination, the taking using the balancing test of Penn Cent. Transp. court may look to the uses specified in the Spears letter. Co. v City of New York, 438 U.S. 104, 57 L. Ed. 2d 631, However, a petitioner may rebut the proposed list of 98 S. Ct. 2646, a test used prior to and after the Lucas uses. In de St. Aubin v Flacke (supra), the Court of decision. [HN12] When there is no per se taking, the Appeals stated that a landowner may be able to further courts are required to engage in ad hoc,factual inquiries limit the after-regulation uses proposed in a Spears letter (see Penn Cent. Transp. Co. v City of New York, supra by proving that "there is no reasonable probability" that at 123-124). "Where a per se taking is not the local municipality would approve those uses ( de St. demonstrated, whether a taking has occurred may be Aubin v Flacke, supra at 78).[***221 An owner is determined by an examination of various factors such as required to "prove that relief from the zoning restriction those set forth in the Penn Central case: the economic is not reasonably to be expected" (id. at 76). impact of the regulation, the extent to which the regulation has interfered with reasonable investment- Here, the hearing court found that the petitioners backed expectations, and the[***20] [*96]clharacter of proved, beyond a reasonable doubt, that there existed a the governmental action" (Matter of Gazzo v New fork "strong probability[*97] that most, if not all, of the /**4.59J,State Dep'l. of Envil. Conservation., supra at recreational uses 2 through 6 in the Spears letter would 617; Lucas v South Carolina Coastal Council, supra at not ultimately be approved." Haberman testified that he 1019-1020; Penn Cent. Transp. (o. v City oJ'New York, could not find a competitive market for the passive uses supra at 124). listed under the first point in the Spears letter, that is, uses allowed without a wetlands permit under 6 NYCRR There was significant testimony regarding the 661.5. As to use 2, a catwalk, pier, or dock, Strough economic impact the regulation had on the subject testified that the Southampton Trustees had denied a property. The rc6ntlation left only a residual value. The similar application and would likely deny the one court found that the property was reduced in value by proposed in the Spears letter. With respect to uses 3 and 95% from its non-regulated value. Even if not 4, a 1,000 square-foot pervious parking area and a 225 considered a total destruction in value, there has been a square-foot deck, garage, gazebo, or storage shed, Roy near total or substantial decrease in value. Haje testified that it was very unlikely that those structures would be approved by the Southampton Page 10 3 A.D.3d 86, *; 767 N.Y.S.2d 451, ** 2003 N.Y. App. Div.LEXIS 12447, *** Zoning Board of Appeals. Strough further testified that use 5, a mooring of a single-family houseboat,would not The DEC argues that it has legitimate reasons for be approved by the Trustees. Finally, Haje regulating tidal wetlands, which prevent the petitioners testified[***231 that it would be unlikely that use 6, from succeeding on a takings claim. This contention is parking or storage for the helipad,would be approved by without merit. [HN 14] The legitimacy of a the Village. Friedenberg testified that no one had governmental regulation does not lead to the result that approached[**4601 him in connection with acquiring the government has no obligation to pay compensation the property for that use. Based on these findings, the as a result of that regulation. "[The] Fifth Amendment's court determined that the residual property value was guarantee * * * [is] designed to bar Government from $31,500, which was an adjusted comparable sale amount forcing some people alone to bear public burdens which, for a similar nearby parcel as reported by the DEC's in all fairness and justice, should be borne by the public appraiser,Patrick Given. as a whole" (Penn Cent. Transp. Co. v City ofNew York, supra at 123-124, quoting Armstrong v United States, Even if we were to accept the DEC's arguments and 364 U.S. 40, 49, 4 L. Ed. 2d 1554, 80 S. Ct. 1563). The credit its proposed after value of $50,000, the result United States Court of Appeals for the Federal Circuit would not change. The change in value would be the explained this element of the balancing test as follows: difference between a overall loss of 95%as opposed to a loss of 92.5% using the $50,000 value. In either case [HN15] "When there is reciprocity of advantage there is a significant reduction in the value of the then the claim that the Government has taken private property. This court in (Chase Manhattan Bank v State property has little force: the claimant has in a sense been of New York, 103 A.D.2d 211, 479 N.Y.S.2d 983), held compensated by the public program "adjusting the that an 86% reduction in value could support a finding benefits and burdens of economic life to[***26] promote that the property's economic value had been destroyed. the common good" (Penn Cent. Transp. Co. v City of This court found that with respect to a constitutional New York, supra at 124). Thus shared economic impacts taking claim, the property owner would have, at least, a resulting from certain types of land use controls[**461] reasonable probability of success in court (id. at 223- have been held to be non-compensable (Agin v City of 224). Tiburon, 447 U.S. 255, 262-263, 65 L. Ed. 2d 106, 100 .S'. Ct. 2138), It warrants emphasis[***24] that the facts of the instant case are significantly different from those of [HN161 "That the purpose and Junction of the Matter of Gazza v New York State Dept. of Envtl. regulatory imposition is relevant to drawing the line Conservation (supra),where the landowner acquired the between mere diminution and partial taking should not waterfront parcels after the enactment of the wetlands be read to suggest that when Government acts in pursuit regulations, and at prices reflecting the diminished of an important public purpose, its actions are excused values of the parcels as regulated. Thus, the denial of from liability. To so hold would eviscerate the plain the application of the property owner in Gazza for language of the Takings Clause, [*991 and would be setback variances was not tantamount to a taking, inconsistent with Supreme Court guidance. It is because that property owner did not lose a development necessary that the Government act in a good cause, but right it had already been restricted prior to his purchase it is not sufficient. The takings clause already assumes of the land. In stark contrast, in the instant case, [*98] the Government is acting in the public interest: [HN171 Gwendolyn Londino's acquisition of the subject.parcel in "nor shall private property be taken for public use 1962 pre-dated the enactment of wetlands regulations, without just compensation." The rights she obtained, which are now administered by the petitioners on behalf of her estate, included development rights that were subsequently lost as a result of the enactment of wetlands regulations. Thus, "In addition, then, [HN18] to a demonstration of loss the holding of Gazza does not control the instant matter. of economic use to the property owner as a result of the regulatory imposition * * * the trial court must consider: For these reasons, the petitioners established,beyond a are there direct compensating benefits accruing to the reasonable doubt, that the regulation and denial of the property, [***271 and others similarly situated, flowing permit destroyed all but a bare residue of the economic from the regulatory environment? Or are benefits, if value[***251 of the property (see Matter of Ward v any, general and widely shared through the community Bennett, 214A.D.2d 741, 625 NY.S'.2d 609). and the society, while the costs are focused on a few? Are alternative permitted activities economically VII realistic in light of the setting and circumstances, and i Page 11 3 A.D.3d 86, *; 767 N.Y.S.2d 451, ** 2003 N.Y. App. Div. LE3GS 12447, *** are they realistically available? In short, has the Government acted in a responsible way, limiting the Because the impact is so severe in this case, it is clear constraints on property ownership to those necessary to that a taking has taken place as the petitioners are achieve the public purpose, and not allocating to some bearing the brunt of the burden. Therefore, it is apparent number of individuals, less than all, a burden that that the petitioners have established a taking pursuant to should be bome by all?" the pre-Lucas balancing test. (Florida Rock Indus. v United States, 18 F3d I560, [*100] VIII 1570-1571, cert denied 513 U.S. 1109, 130 L. Ed. 2d 783, 115 S. Ct. 898). The DEC contends that if this court should uphold the finding that a taking has occurred, the Supreme Court Here, the balance does not favor a finding of lacks jurisdiction to entertain the claim for damages as reciprocity of advantage or shared benefit. The such a determination must be made in the Court of petitioners have been left with a situation where their Claims. This is a correct statement of law (see Court of only viable choice is to leave the property in its natural Claims Act§ 9[2]). Accordingly, if the DEC chooses to state. The regulation has caused an almost total loss of acquire the property under the exercise of its powers of the value of the property. The petitioners are thus eminent domain, which is its only option other than bearing all the burden of the regulation. The Supreme granting the petitioners' permit application (see ECL 25- Court stated in Lucas that [HN19] when the impact of 0404), any further proceedings[***29] to determine the the regulation[***28] on a property owner is severe, it is compensation to be[**462] paid to the petitioner will be less realistic to "indulge our usual assumption that the conducted in the Court of Claims. legislature is simply adjusting the benefits and burdens of economic life * * * in a manner that secures an Accordingly, the judgment is affirmed, with costs. average reciprocity of advantage to everyone concerned" (Lucas v South Carolina Coastal Council, supra at KRAUSMAN, GOLDSTEIN and RIVERA, JJ., concur. 1017-1018). ORDERED that the judgment is affirmed, with costs. Page 14 Town of Orangetown, Appellant,v. John F.Magee et a1.,Respondents. No. 76 COURT OF APPEALS OF NEW YORK 88 N.Y.2d 41; 665 N.E.2d 1061; 643 N.Y.S.2d 21; 1996 NU;As+R, ic March 19, 1996, ArguedApril 30, 1996, DecidedPRIOR HISTORY: Order affirmed, answered in the affirmative. Appeal,by permission of the Appellate Division of the Supreme Court in the Second Judicial Department,from CASE SUMMARY: an order of that Court, entered May 8, 1995, as amended upon reargument, which (1) affirmed a judgment of the PROCEDURAL POSTURE: Plaintiff town appealed Supreme Court (Robert J. Stolank, J. [see, 156 Misc 2d from an order of the Appellate Division of the Supreme 881]), entered in Rockland County after a nonjury trial Court in the Second Judicial Department (New York), on defendants' counterclaims, (a) adjudging that which affirmed the trial court's judgment for defendant defendants sustained their burden of proving that a developers on their counterclaims for an order certain building permit and extension thereof were compelling reinstatement of a building permit and legally issued, that defendants made substantial damages pursuant to 42 U.S.C.S. §1983. improvements and expended significant sums of money in reliance thereon, and that the permit and extension OVERVIEW: After developers began working on a site, were illegally revoked, (b) adjudging that defendants the building inspector, at the town supervisor's have esmblished the existence of a vested right in the direction, revoked their building permit. Town then permit and its extension, (c) directing plaintiff to sued to compel the removal of a building on the site. On reinstate defendants' building permit and the extension review, the court held that developers were entitled to thereof and to allow the subject construction to be reinstatement of the pertnit because they had a vested completed, (d) awarding damages to defendants, right in the planted construction, as the permit was pursuant to a formula specified in the court's decision,in legally issued. The record supported the trial court's the sum of $5,137,126, and (e) adjudging that conclusion that developers had sufficiently committed defendants are entitled to legal fees, costs, the land to the use authorized by the permit prior to disbursements and expenses to be determined, and (2) revocation. Thus, the revocation resulted in an modified, and. as modified, affrnned a judgment of that unconstitutional deprivation of developers' property Supreme Court (Robert J. Stolarik, J.), entered in rights. The court thus held that developers stated a cause Rockland County, awarding interim attorneys' fees in of action for damages under 42 L:SC.S. § 1983 because the amount of$263,608.20 and expenses in the sum of the acts of town in revoking developers' permit denied $318.919.74. The modification consisted of deleting the them substantive due process of law. Developers had award of interim attorneys' fees and remitting to established a protectable property interest in the Supreme Cowl for recalculation thereof. The following building permit. Due process assured them the right to question was certified by the Appellate Division: "Was be free from arbitrary municipal actions destructive of the decision and order of this court dated May S, 1995, this interest. The record supported the conclusion that as amended, properly made?" the building inspector's revocation of the permit was solely for political reasons and thus arbitrary and Town of Orangetown v Allagee, 215 AD2d 469, as capricious. amended 218 AD2d 343, affirmed. OUTCOME: The court affirmed the order review. DISPOSITION: • Page 15 88 N.Y.2d 41, *; 665 N.E.2d 1061, **; 643 N.Y.S.2d 21, ***; 1996 N.Y. LEXIS 674 CORE TERMS: revocation, landowner, arbitrary and [HN41 In the context of land use, 42 U.S.C.S. § 1983 capricious, regulation,formula,building permit,judicial provides protection against municipal actions which review, municipality, municipal, property interest, violate a landowner's rights under the Just revoke, counterclaim, ripe, deprivation, ordinance, Compensation Clause of the Fifth Amendment or the revoked, final decision, protectable, real property, Due Process Clauses of the Fifth and Fourteenth implementing, ripeness, irrational, compute, vested, Amendments to the United States Constitution. Under zoning, spent, administrative remedies, market rate. the former, the claimant must establish that the revoking, inflicts governmental action amounts to a taking without just compensation. The United States Supreme Court also LexisNexis(R)Headnotes identifies, although not yet recognizes, a substantive due process claim under the Fifth and Fourteenth Governments: Local Governments: Licenses Amendments based upon a regulatory taking, i.e., Constitutional Law: Substantive Due Process: Scope of regulation of property that goes so far it has effectively Protection destroyed the economic value of the property. [HNl1 hi New York, a vested right can be acquired when, pursuant to a legally issued permit, the landowner Constitutional Law: Civil Rights Enforcement: demonstrates a commitment to the purpose for which Immunity: Local Governments the permit was granted by effecting substantial changes Civil Procedure: Justiciability: Ripeness and incurring substantial expenses to further the Constitutional Law: Civil Rights Enforcement: Civil development. Neither the issuance of a permit nor the Rights Act of 1871: Coverage landowner's substantial improvements and expenditures, [HN51 Civil rights claims are not justiciable until the standing alone, will establish the right. The landowner's municipality has arrived at a definitive position on the actions relying on a valid permit must be so substantial issue that inflicts an actual, concrete injury. This that the municipal action results in serious loss requirement reflects the reluctance of the courts to rendering the improvements essentially valueless. impose liability upon a municipality unless the liability arises from acts which the municipality has officially Constitutional Law: Civil Rights Enforcement: Civil sanctioned or ordered. Rights Act of 1871: Coverage [HN21 See 42 U.S.C.S.. § 1983. Constitutional Law: Procedural Due Process: Eminent Domain&Takings Constitutional Law: Civil Rights Enforcement: Constitutional Law: Substantive Due Process: Scope of himimuly: Local Governments Protection Constitutional Law: Civil Rights Enforcement: Civil [HN61 The ripeness requirements forjust compensation Rights Act of 1871: Coverage and regulatory "takings" claims differ from claims based [HN31 Municipalities are persons subject to suit under upon arbitrary and capricious conduct. Under takings 42 U.S'.C.S. § 1983 for the deprivation of claims the contention is that the state has taken the constitutionally protected rights caused by actions which property for a governmental purpose or that it has gone implement or execute a policy statement, ordinance, "too far" in exercising its police power to regulate regulation, or decision officially adopted and property, thus depriving an owner of all economically promulgated by its officers. The municipality may not be beneficial use of the property. Such claims are not ripe held vicariously liable under the doctrine of respondeat for judicial review until: (1) the governmental entity superior for employing a careless tortfeasor, however: charged with implementing the regulations has rendered the injury must arise from acts of municipal officers or a final decision regarding the application of the employees in the course of executing municipal policy regulations to the property, and (2) the landowner has or custom. Liability may even be imposed for a single availed itself of the procedures provided by state law to act, as long as it is the act of an official authorized to obtain ,just compensation. Under this type of claim, a decide policy in that area. decision does not become ripe for review unless alternative uses of the property are considered and Constitutional Law: Procedural Due Process: Emnent rejected and it is thus established that the landowner Domain&Takings was deprived of its property. Until that has been done, it Constitutional Law: Civil Rights Enforcement: is not clear that a taking has occurred or how "far" the Immunity: Local Governments regulation goes. Constitutional Law: Civil Rights Enforcement: Civil Rights Act of 1871: Coverage Constitutional Law: Civil Rights Enforcement: Immunity: Local Governments Page 16 88 N.Y.2d 41, *; 665 N.E.2d 1061, ** 643 N.Y.S.2d 21, ***, 1996 N.Y. LEXIS 674 Constitutional Law: Substantive Due Process: Scope of Yolo County, 477 US 340, 478 US 1035; Reserve, Ltd. Protection v Town of Longboat Key, 17 F3d 1374; Acierno v [HN7] A substantive due process claim by a landowner Mitchell, 6 F3d 970, Bender v New York City Health & based on the state's arbitrary and capricious conduct is Hosps. Corp., 38 N1'2d 662; Heckler v Community subject only to a final decision requirement. The Health Servs., 467 US 51; de St. Aubin v Flacke, 68 decision must be final to be reviewable (else how could NY2d 66.) II. The Town is not liable under section 1983 arbitrariness be judged), but it is unnecessary that the because defendants-respondents have failed to establish landowner pursue administrative remedies to determine that the building permit was revoked by an official with how the regulation in question applies to the property or "final policymaking authority" under State or local law. avail itself of state procedures for determining (Monell v New York City Dept. of Social Servs., 436 US compensation. If the action of the municipality is 658; Pembaur v Cincinnati, 475 US 469; St. Louis v arbitrary and capricious, the remedy for a violation is Prapromik, 485 US 112;Jett v Dallas Ind. School Dist., invalidation of the regulation and actual damages. 491 US 701; Worsham v City of Pasadena, 881 F2d 1336; Carr v Town of Dewey Beach, 730 F Supp 591; Governments: Local Governments: Licenses Matter of Town of Clay v Helsby, 45 AD2d 292; Real & Personal Property Law: Zoning & Land Use: Eversole v .S'teele, 59 F3d 710.) III. The developers did Land Use Planting not vest their rights in the limited building permit [HN8] Under the ordinances of the Town of because after five years they had not poured concrete Orangetown, the building inspector has the statutory and their accumulated expenditures were in furtherance authority to effect a revocation of a building permit. of a fill removal business and an anticipated Orangetown, N. Y., Zoning Code, ch 43, § 9.222 development of the entire 34-acre parcel with multiple (1969). buildings. ( Matter of Bayswater Health Related Facility v Karagheuzoff, 37 NY2d 408; Matter of Constitutional Law: Civil Rights Enforcement: Civil Temkin v Karagheuzoff, 34 NY2d 324.) IV. Because the Rights Act of 1871: Coverage developers were not entitled as a matter of right to the [HN9] To succeed on a claim for damages pursuant to special permit or use variance required for the building 42 US'.C.& § 1983, a party must establish (1) the in question, they lack any property interest protectable deprivation of a protectable property interest (2) by one under the Due Process Clause of the Fourteenth acting under the authority of law. Amendment. (RRI Really Corp. v Incorporated flit. of Southampton, 870 F2d 911.) V. The court made Constitutional Law: Substantive Due Process: Scope of numerous errors in the damage portion of the trial and Protection the Court below failed to scrutinize the damage award [HN10] The hallmark of property is an individual on the mistaken belief that the Town had stipulated to entitlement grounded in state law, which cannot be the amount thereof. ( Gentile v County of Suffolk, 926 removed except for cause. F2d 142; Corn v City of Lauderdale Lakes, 997 F2d 1369; Wheeler v City of Pleasant Grove, 833 F2d 267; Governments: Local Governments: Licenses Greenbriar Ltd. v City ofAlabaster, 881 F2d 1.570, 893 Real & Personal Property Law: Zoning & Land Use: F2d 346; Penn Cent. Transp. Co. v New York City, 438 Zoning Generally US' 104, 439 US 883; Kirbv Forest Indus. v United [HNI1] The municipality's authority to regulate zoning States, 467 CIS 1; Front Royal & Warren County Indus. rests upon the valid exercise of its police power and a Park Corp. v Town of Front Roval, 749 F S'upp 1439, decision regulating a landowner's use of its property 94.5 F2d 760, reinstated sub nom. McLaughlin v Town offends due process when the govemmient acts with no of Front Royal, 810 F.Supp 725, 21 F3d 423; Nemmers legitimate reason for its decision. v City of Dubuque, 764 F2d 502.) VI. In its judgment ordering reinstatement of a building permit for the COUNSEL: completion of building No. 15, the court improperly Patrick J. Rohan, Orangeburg, and Joint P. Healy for relieved Bradley of its obligations to comply with the appellant. 1. By reason of their failure to appeal the Town's Zoning Code. revocation of their building permit to the Zoning Board of Appeals, defendants-respondents fail to state a cause Dorfman Lynch&Knoebel, Nyack (Dennis E. A. Lynch of action under 42 USC§ 1983 based upon a denial of and Burton I. Dorfman of counsel), for respondents. 1. substantive due process. ( Williamson Planning All facts found by the courts below are nonreviewable Commn. v Hamilton Bank, 473 US 172; Taylor Inv. v and any questions must be resolved in the Magees' Upper Darby Twp., 983 F2d 1285; Southview Assocs. v favor. ( Rosemont Enters. v Irving, 41 NI'2d 829; Bongartz, 980 F2d 84; MacDonald, Sommer&Frates v Meenan v Meenan, I N)''2d 269; Hilton Watch Co. v 88 N.Y.2d 41, *; 665 N.E.2d 1061, ** Page 17 643 N.Y.S.2d 21, ***, 1996 N.Y. LEXIS 674 Benrus Watch Co., 1 NY2d 271; Barclays Ice Cream f***231 Simons, J. Co. v Local No. 757, 41 NY2d 269, 436 US 925; Menscher v Chesley, 297 NY 94.) II. The Magees vested This appeal involves a zoning dispute in which the their rights to construct building No. 15 and courts below have found that plaintiff Town of reinstatement of their building permit to complete Orangetown wrongfully revoked defendants' pennit to building under Zoning Code in effect at time of develop real property in the Town. Defendants have unlawful revocation was proper. (Matter of Bayswater obtained injunctive relief restoring the building permit Health Related Facility v Karagheuzoff, 37 IV 408; and an award of substantial damages on a 42 U,S'C ,¢ Matter of Temkin v Karagheuzof/, 34 M'2d 324; 1983 cause of action. We now affrnn. Faymor Dev. Co. v Board of S'tds. &Appeals, 45 NY2d 560; Matter of Magee v Rocco, 158 AD2d 53.) III. [**10641 [***24] I Appellant was "equitably estopped" from raising "ripeness" claim for the first time on appeal and Defendant Bradley Industrial Park, Inc. is the owner "ripeness" case law relied upon by appellant bears no of 34 acres of land located in the Town of Orangetown, relation to the egregious "final determinations" of It acquired the property in 1979 to construct a 184,000 appellant. (Merrill v Albany Med. Ctr. Hosp., 71 M72d square foot industrial building at an estimated cost of$3 990; Bender v New York City Health & Hasps. Corp., million. Defendants John and Patrick Magee are the 38 NY2d 662; Matter of Ward v Bennett, 79 NY2d 394; shareholders of the corporation. In 1980 defendants' Williamson Planning Commn. v Hamilton Bank, 473 US plans for the improvement were approved and the 172; Church of St. Paul & .St. Andrew v Barwick, 67 Building Inspector issued a permit. Defendants began NY2d .510; de .S't. Aubin v Flacke, 68 NY2d 66; clearing and developing the site shortly thereafter. The .S'outhview Assocs. v Bongartz, 980 F2d 84, Lucas v trial court found that defendants spent over $4 million South Carolina Coastal Council, 505 US 1003; Loretto on the improvements for the land and building before v Teleprompter Manhattan CATV Corp., 458 US'419; work was halted by the Town. nl Wheeler v City of Pleasant Grove, 883 F2d 267, 896 F2d 1347.) IV. The determination that respondents'civil - - -- - - - - ---- - - - - - -Footnotes-------------- rights pursuant to 42 USC§ 1983 were violated should ---- be affirmed. ( Parrott v Taylor, 451 US 527; Logan v Zimmerman Brush Co., 455 US 422, Memphis Light Gas & Water Div. v Craft, 436 US 1; Goss v Lopez, 419 U,S'565; Board of Regents v Roth, 408 US 564; Faymor at In addition to the estimated cost of site and Dev. Co. v Board of Stds. & Appeals, 45 NY2d 560; building improvements, the trial court found that Matter of Temkin v Karagheuzoff, 34 NY2d 324;Matter defendants spent $250,000 on the purchase of the of Bayswater Health Related Facility v Karagheuzoff, original site, approximately $123.000 purchasing 37 NY2d 408; Yale Auto Parts v Johnson, 758 F2d 54; additional acreage to satisfy Town requirements for Sullivan v Town of Salem, 805 F2d 81.) V. The award of access to public roads; that in response to compensatory damages based upon the Wheeler formula community complaints about highway congestion, and stipulation should be affirmed. ( Mitchell v New defendants spent approximately $250,000 Tork Hosp., 61 NY2d 208; Abramovich v Board of developing an alternate route over a railroad Educ., 46 NY2d 450, 444 UN 845, Carey v Piphus, 435 crossing, defendants spent $100,000 for water and US 247; Owen v City of Independence, 445 US 622, sewage lines; and in certain easement negotiations First Lutheran Church v Las Angeles County, 482 US with the water company, defendant gave up rights in 304, Hernandez v City ofLafavetle, 643 F2d 1188, 455 a self-contained water system on the property worth US' 907; Front Rovol & Warren County Indus. Park approximately$1 million. Corp. v Town of Front Raval, 708 F Supp 1477, 749 F S'upp 1439, 945 F2d 760; Neno hers v City of Dubuque, 764 172d 502.) - - - ---- - ---- - ----End Footnotes----- ------- JUDGES: Chief Judge Kaye and Judges Titone, ---- - Bellacosa, Smith,Levine and Ciparick concur. OPINIONBY: SIMONS Although the permit was limited to "land clearing, OPINION: [*46] 1**10631 footings and foundations," the courts below determined that the permit entitled defendants to construct the • Page 18 88 N.Y.2d 41, *; 665 N.E.2d 1061, ** 643 N.Y.S.2d 21, ***; 1996 N.Y.LEXIS 674 entire building as long as the subsequent plans for the walls, ceilings and electrical wiring comported with the In their first counterclaim defendants sought plans for the building already approved by the Town's reinstatement of their building permit, alleging they had Building Inspector. a"vested right" in the planned construction. As the work on the project progressed, organized [HNl1 In New York, a vested right can be acquired resistance to it developed within the community. when, pursuant to a legally issued permit, the landowner Ultimately, the opposition became so intense that the demonstrates a commitment to the purpose for winch Town Supervisor directed the Building Inspector to the permit was granted by effecting substantial changes revoke the defendants' permit and on July 25, 1985 he and incurring substantial expenses to further the did so. The Town subsequently amended its Zoning development (see, Matter of Putnam Armonk v Town of Code to preclude construction of commercial buildings Southeast, 52 AD2d 10, 14-15; see also, People ex rel. [*47] on defendants' land. n2 At trial, the Town offered Ortenberg v Bales, 250 NY 598, affg 224 App Div 87; a number of reasons for the revocation. The court City of Buffalo v Chadeavne, 134 A)' 163, 165; Matter concluded that most were not authorized by the Town's of Caponi v Walsh, 228 App Div 86, 89). Neither the ordinances and none were supported by the evidence. It issuance of a permit (see, Matter of Sibarco Stas v found that the permit was revoked solely to satisfy Town But, 24 NY2d 900, Rice v Van 11ranken, 132 Misc political concerns. 82, [**10651 [***251 affd 225 App Div 179, affd 255 NI' 541; People ex rel. Ortenberg v Bales, supra) nor - -- - - - - -- - - - - - -- --Footnotes---- ------- - -- the landowner's substantial improvements and ---- expenditures, standing alone, will establish the right. The landowner's actions relying on a [*481 valid permit must be so substantial that the municipal action results in serious loss rendering the improvements essentially n2 The facts are set out fully in the decision of valueless(see,People v Miller, 304 NY 105, 109). Justice Stolarik reported at 156 Misc 2d 881. There is no dispute that defendants' permit was legally issued. Whether defendants had sufficiently committed the land to the use authorized by the permit - -- - - - - -- - -- - ----End Footnotes- - ---- -- ---- prior to revocation is a question of fact and the - ---- determination of the courts below that they had is supported by evidence in the record (see, Matter of Caponi v Walsh, supra; see generally, I Anderson, New York Zoning Law and Practice § 6.18, at 231 [3d ed]). Defendants had erected a temporary building for use Inasmuch as the permit was revoked for unlawful during the preliminary stages of construction and after reasons, the revocation resulted in an unconstitutional the permit was revoked, the Town instituted this action deprivation of defendants' property rights (see, People v to obtain an order compelling its removal. Defendants Miller, supra). Accordingly, defendants are entitled to counterclaimed seeking (1) an order compelling reinstatement of the building permit in conformity with reinstatement of the permit, and (2) damages pursuant the zoning ordinances in effect at the time of the to 42 US'C sr 1983. After a bifurcated trial, Supreme revocation. Court dismissed the complaint and entered a judgment in favor of defendants on their counterclaims ordering III reinstatement of the building permit and awarding damages of $5,137,126, costs and attorney's fees. The The Civil Rights Claim Appellate Division modified the judgment by remitting the question of attortey's fees and otherwise affirmed. It Defendants' second counterclaim asserted a cause of subsequently granted the Town leave to appeal to this action under 42 INC § 1983 for damages suffered as a Com1. Our review is controlled in large part by factual result of the Town's actions. Defendants claimed that findings of the trial court, affirmed by the Appellate plaintiffs actions resulted in an unconstitutional taking Division. of their property and that the Town denied them substantive and procedural due process guaranteed by II the United States Constitution. The CPLR Article 78 Claim Section 1993 provides: 88 N.Y.2d 41, *; 665 N.E.2d 1061, ** Page 19 643 N.Y.S.2d 21, ***; 1996 N.Y. LEXIS 674 torn. Southview Assocs. v Individual Members of llt. " [HN2] Every person who, under color of any statute, Envtl. Bd., 507 US 987 [1993]; Brady v Town of ordinance, regulation, custom or usage, of any State ..., Colchester, 863 F2d 205, 215 [2d Cir 1988]; Wheeler v subjects, or causes to be subjected, any citizen of the City of Pleasant Grove, 664 F2d 99 [5th Cir 19811; see United States or other person within the jurisdiction generally, Stein, Regulatory Takings and Ripeness in thereof to the deprivation of any rights, privileges, or the Federal Courts, 48 (land L Rev 1, 80 [1995]). 0 immunities secured by the Constitution and laws, shall This type of claim challenges a particular land-use be liable to the party injured in an action at law, suit in decision--here, the revocation of plaintiffs building equity, or other proper proceeding for redress". permit--as a single decision with its own consequences, rather than as one in a series of action--resulting in a fHN31 Municipalities are "persons" subject to suit taking (see, Harris v County of Riverside, 904 F2d 497, under section 1983 for the deprivation of 501, supra). The key factor in such cases is not whether constitutionally protected rights caused by actions which the State was justified in depriving the individual "implement[] or execute[] a policy statement, ordinance, [*50]of his or her property, but rather whether the State regulation, or decision officially adopted and obeyed the strictures of the Constitution in doing so(see, promulgated by [its] officers" (Monell v New York City Weissman v Fruchtman, 700 F,4upp 746, 756[SD NY]), Dept. of Social Servs., 436 US 658, 690; Pembaur v Cincinnati, 475 US 469, 479-480). The municipality -- - - -- - - - -- -- - - - --Footnotes- ------------- may not be held vicariously [*49] liable wider the ---- doctrme of respondeat superior for employing a careless tortfeasor, however: the injury must arise from acts of municipal officers or employees in the course of executing municipal policy or custom (id.). Liability n3 Some Federal courts analyze such claims as may even be imposed for a single act, as long as it is the matters of procedural due process (see, Nasierowski act of an official authorized to decide policy in that area Bros. Inv. Co, v City of Sterling Hgts., 949 F2d 890, ( Pembaur, supra, at 480, 482-483; St. Louis v - 894 [6th Cir 199 11; Harris v County of Riverside, Proprotnik, 485 US 112, 123-124; see also, Conner, 904 172d 497 [9th Cir 1990]; Landmark Land Co. v Municipal Liability Under Section 1983: The Rationale Buchanan, 874F2d 717, 723 [loth Cir 19891). Underlying the Final Authority Doctrine, 44 [land L Rev 341 [19911). [HN41 In the context of land use, section 1983 -- - - - - - - - -- - -----End Footnotes----- ------- provides protection against municipal actions which ----- violate a landowner's rights wider the Just Compensation Clause of the Fifth Amendment or the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution. Under A the former, the claimant must establish that the governmental action amounts to a taking without just Plaintiffs Ripeness Defense compensation. The Supreme Court has also identified, although not yet recognized, a substantive due process In contesting the trial court's determination, the Town claim under the Fifth and Fourteenth Amendments first contends that the revocation was not "final" and based upon a regulatory taking, i.e„ regulation of therefore not ripe for judicial review, until reviewed by property that goes so far it has effectively destroyed the the Orangetowii Zoning Board of Appeals. Defendants, economic value of the property (see, Williamson on the other hand, assert that the Building Inspector Planning Commn. v Hamilton Bank, 473 US 172, 185, constitutes a Town official with final policy-making 197-200). authority and that requiring an appeal to the Town Zoning Board of Appeals would impose an The trial court rested its decision on a third ground-- impermissible exhaustion of remedies requirement our that the acts of the Town in revoking defendants' permit their section 1983 clam. denied them t**10661 [***26] substantive due process of law because the revocation and subsequent zoning [HN5] Civil rights claims are not justiciable until the change were arbitrary and capricious (156NIisc 2d 881, municipality has "arrived at a definitive position on the 893-895, supra; and see, Southview Assocs. v Bongartz, issue that inflicts all actual, concrete injury" 980 F2d 84, 96, 102 12d Cir 19921, cert denied sub Williamson, supra, at 193;Matter of Ward v Bennett, 79 Page 20 88 N.Y2d 41, *; 665 N.E.2d 1061, **; 643 N.Y.S.2d 21, ***; 1996 N.Y. LEMS 674 M'2d 394, 400). This requirement reflects the reluctance injury. The requirement that administrative review of the courts to impose liability upon a municipality must be exhausted in some cases relates to the procedure unless the liability arises from "acts which the by which a party injured by a decision may seek review municipality has officially sanctioned or ordered" ( and obtain a remedy if the decision is found to be Pembaur, supra, at 480; Monell, satpra, at 691, de St. unlawful ( Williamson, supra, at 192-193; see also, Aubin v Flacke, 68 NI'2d 66, 75). Church of St. Paul & St. Andrew v Barwick, 67 NY2d 510, 521). If the Building Inspector had the authority to [HN6] The ripeness requirements for just make a final decision revoking defendants' permit, compensation and regulatory "takings" claims differ requiring defendants to seek administrative review of his from claims based upon arbitrary and capricious action by taking an appeal to the Zoning Board would conduct. Under takings claims the contention is that the impose an exhaustion requirement on their section 1983 State has taken the property for a governmental purpose action, a condition which is generally impermissible or that it has gone "too far" in exercising its police (see, Patsv v Florida Bd. of Regents, 457 US' 496; power to regulate property and thus deprived an owner Williamson, supra, at 194, n 13; see generally, Stein, of all economically beneficial use of the property ( Regulatory Takings and Ripeness in the Federal Courts, Pennsylvania Coal Co. v Mahon, 260 US 393, 415; see, op. cit., at 15; 1 Schwartz and Kirklin, Section 1983 Northern Westchester Professional Park Assocs. v Town Litigation: Claims, Defenses, and Fees § 3.13, at 204- of Bed(ord, 60 NY2d 492; French Investing Co. v City 205 [2d ad]). of New York, 39 NY2d 587, car[ denied 429 US 990). Such claims are not ripe for judicial review until (1) the Whether the Building Inspector's revocation governmental entity charged with implementing the constituted a "final decision" of the Town of regulations has rendered a final decision regarding the Orangetown is a matter to be determined by examining application of the regulations to the property, and(2)the the relevant local laws. States have broad discretion to landowner has availed itself of the procedures provided determine the form of local government and the by State law to obtain just compensation ( Williamson, distribution of power in one locality may be quite supra, at 194, 200; Southview supra, at 96). Under this different from that of another. Whether an official has type of claim, a decision does not become ripe for review final authority to take municipal action in a given case unless alternative uses of the property have been is not a question of fact, but a question of State law (.S't. considered and rejected and it is thus [*511 established Louis v Praprotnik, [*521 supra, at 124; Pembaur, that the landowner has been deprived of its property. supra, at 483; see generally, Stein, op. cit., at 82). Until that has been done, it is not clear that a taking has occurred or how"far" the regulation goes. [HN8] Under the ordinances of the Town of Orangetown, the Building Inspector had the statutory However, [HN7] a substantive due process claim authority to effect a revocation of defendants' building based on arbitrary and capricious conduct is subject only permit (Orangetown, N. Y., Zoning Code, ch 43, § to the final decision [**1067] [***27}requirement of the 8.222 119691). He was the "initial decisiomnaker" Williamson test. The decision must be final to be vested by law with the exclusive and unfettered authority reviewable (else how could arbitrariness be judged), but to decide the question of revocation (see, Williamson, it is unnecessary that the landowner pursue supra, at 193) and he clearly had done so when he administrative remedies to determine how the regulation revoked defendants' permit and halted work on the in question applies to the property or avail itself of State project. The Zoning Board was not authorized to revoke procedures for determining compensation (see, a permit or even participate in the Inspector's decision to Southview Assocs. v Bongartz, supra, at 96-97). if the revoke. Its power was restricted to the review of the action of the municipality is arbitrary and capricious, Inspector's final decision. Thus, a determination by the the remedy for a violation is invalidation of the Board was not necessary and defendants' counterclaim regulation and actual damages (see, Williamson, supra, for section 1983 relief is ripe for judicial review. at 197). B There should be no confusion about the requirement that administrative remedies must be exhausted in some Defendants' Section 1983 Claim cases before judicial review is available and the requirement that an action must be foal before it is ripe [HN91 To succeed on their claim for damages for judicial review. The finality requirement is pursuant to 42 US'C § 1983, defendants must establish concerned with whether an official authorized to make (1) the deprivation of a protectable property interest (2) the determination has arrived at a decision that inflicts Page 21 88 N.Y.2d 41, *; 665 N.E.2d 1061, ** 643 N.Y.S.2d 21, ***; 1996 N.Y. LE)US 674 by one acting under the authority of law ( Parrott v The Town Zoning Code, which necessarily reflects Taylor, 451 US 527, 535). Town policy, vests the Building Inspector, alone, with the authority to revoke building permits (Town of M10] The hallmark of property "is an individual Orangetown Code, ch 43, § 8.222). The Building entitlement grounded in state law, which cannot be Inspector therefore implements Town policy and the removed except 'for cause' " ( Logan v Zimmerman Town, by enacting the legislation, accepted the Brush Co., 455 US 422, 430; Parratt v Taylor, supra; possibility that he would exercise this authority in an Matter of Deas v Levitt, 73 M'2d 525, 531, cert denied arbitrary and capricious manner. While the 493 (LS'933). In order to establish a protectable property municipality might not be liable if the Building interest in the building permit, defendants must show Inspector acted in a good faith or mistaken more than a mere expectation or hope to retain the understanding of the law (see, Brady v Town of permit and continue their f**1068] Colchester, supra, at 216) or if his act was a random act [***28]improvements; they must show that pursuant to of personal ill will not authorized by the Town (see, State or local law, they had a "legitimate claim of Monell, supra;Pembaur, supra), that clearly was not the entitlement" to continue construction (Board of Regents case here. He exercised his legal authority for political v Roth, 408 US 564, 577; .S'ullivan v Town of Salem, 805 reasons at the direction of the Town Supervisor. F2d 81, 84-85 [2d Cif 19861; Yale Auto Parts v Johnson, 758 F2d 54, 59 [2d Cir 1985]), Accordingly, defendants successfully established a claim for damages pursuant to 42 USC st 1983, based on Defendants did so in this case by eMblislung that the the Building Inspector's arbitrary and irrational rights to develop their land had become vested under revocation of their building permit [*54] State law. Moreover, as the courts below found, thev unquestionably would have received the limited future IV authorizations necessary to complete the project. On this evidence, the Town had "engendered a clear Damages expectation of continued enjoyment" of the permit sufficient to constitute a protectable property interest Finally, the plaintiff maintains that the damages were [*53] for purposes of a section 1983 claim ( Barry v incorrectly computed and the award excessive. Barchi, 443 US 55, 64, n I1); there was a "certainty or a very strong likelihood" tlutt defendants would have Plaintiffs experts conceded during trial that completed the project absent the deprivation of due defendants had sustained substantial damages. process (see, Yale Auto Parts, supra, at 59). Moreover, they agreed that the damages could be measured by implementing the so-called Wheeler Having acquired a cognizable property interest, due formula (see, Wheeler v City of Pleasant Grove, 833 process assures the defendants the right to be free from F2d 267, 271 [1lth Cir 19871 [Wheeler III]; see also, arbitrary or irrational municipal actions destructive of 664 F2d 99 [Wheeler I], supra; 746 F2d 1437 [Wheeler this interest (see,Arlington Hgts. v Metropolitan Hous. II]; 896 F2d 1347, 1351 [Wheeler IV]). In fact, the Corp., 429 US 252, 267; Southview Assocs., supra, at parties stipulated to a number of figures that could be 96; Brady v Town of Colchester, supra, at 215). used to compute the damages corder that formula. [HNII] The municipality's authority to regulate zoning rests upon the valid exercise of its police power and a In Wheeler, a case remarkably similar to this on the decision regulating a landowner's use of its property facts, the court established a method for detennining the offends due process when the government acts with "no damages sustained by temporary governmental legitimate reason for its decision" ( Shelton v City of interference with a landowner's beneficial use of Coll. Wa., 780 F2d 475, 483 15th Cir], cert denied 479 property. It held that the loss takes the form of an injury US' 822; see, Euclid v Ambler Co., 272 US' 365, 395). to the property's potential for producing income or an The evidence in the record supports the trial court's expected profit. [**1069] [***29] The compensable conclusion that the Building htspector's revocation of interest is the return on the portion of fair market value defendants' permit was arbitrary and capricious in this that is lost as a result of the government's action, case because it was without legal justification and Accordingly, the landowner should be awarded the motivated entirely by political concerns. The only market rate of return computed over the period of the remaining question is whether his actions may be taking on the difference between the property's fair imputed to the Town of Orangetown. value without the restriction and its fair market value with the restriction (see, 833 172d 267, 271, supra). 88 N.Y.2d 41, *; 665 N.E.2d 1061, ** Page 22 643 N.Y.S.2d 21, ***; 1996 N.Y.LE)CS 674 The parties to a civil dispute are free to chart their equity ratio and tite market rate of return. The court own course and, unless public policy is affronted, they determined other values based upon the evidence and may fashion the way a controversy is to be resolved or directed the parties to compute the damages using the how damages are to be computed without interference Wheeler formula and submit their determination. It by the courts ( Mitchell v New York Hasp,, 61 NY2d based its final award on those submissions. Inasmuch 208; Matter ofAhramovich v Board OfEduc., 46)VY2d [*55] as the figures used were either supported by 450, cert denied 444 US 845). Wltile we express no view evidence or agreed upon by the parties, there is no basis on the appropriateness of the Wheeler formula to to interfere with the award. measure damages in cases such as this, its use does not affront public policy and it was within the court's Accordingly, the order of the Appellate Division discretion to compute the damages on the basis of the should be affirmed, with costs, and the certified question formula as the parties agreed it should. answered in the affirmative. Implementing that formula, the Town stipulated to Chief Judge Kaye and Judges Titone, Bellacosa, values for the building and the hand before and after Smith,Levine and Ciparick concur. taking, the difference between the two numbers, the Order affirmed, etc. ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 106 EAST MAIN STREET P. O. BOX 279 RIVERHEAD, N.Y. 1 1 901-02 7 9 WILLIAM W. ESSEKS (631) 369-1700 WATER MILL OFFICE MARCIA Z. 'DEFTER MONTAUK HIGHWAY STEPHEN R. ANGEL TELECOPIER NUMBER (631) 369-2065 P. O. BOX 570 JANE ANN R. KRATz WATER MILL, N.Y. 11976 JOHN M. WAGNER (631) 726-6633 WILLIAM POWER MALONEY CARMELA M. DI TALIA ANTHONY C. PASCA April 14, 2005 NICA B. STRUNK WILLIAM M. DUFFY THEODORE D. SKLAR OF COUNSEL --- Albert J. Krupski, Jr., President and Members of the Board of Town Trustees APR 1 4 2 005 Town Hall 53095 Route 25 P. O. Box 1179 Southold, NY 11971 —HAND DELIVERED L .. az� c or T(ustass Re: Application of Gregory Mazzanobile Permit No. 5631 Dear President Krupski and Members of the Board of Town Trustees: As you know, we are the attorneys for the applicant in the above-captioned matter, and the owners of the property under contract to the applicant. It has recently come to my attention that a recommendation was made to the Board to revoke the valid wetlands building permit currently held by Mr. Mazzanobile. In this regard, I refer you to the report prepared for you by Heather Tetrault, dated January 27, 2005. I am writing to express my views that such revocation would be illegal and unwarranted. Moreover, the Board should approve the minor amendments to the permit sought by Mr. Mazzanobile since they are nothing more than a request to do less than what you previously approved. I. Revocation is Not Appropriate This Board issued Mr. Mazzanobile a permit to construct a single family home, pool, deck and septic system in September of 2002. That permit was valid, by its terms, for two years. In July of 2004, after the Town of Southold amended Chapter 97 of the Code, the Board granted a one year extension of the September 2002 permit. Therefore, Mr. Mazzanobile still holds a valid permit from you, issued under the amended provisions of Chapter 97 of the Southold Code. ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW The permit issued to Mr. Mazzanobile delineates two grounds for revocation of the Permit: (1) "non-compliance with the provisions of the originating application" and (2) failure to "obtain all other permits and consents that may be required" in addition to the Trustee permit. (Terms and Conditions, ¶¶4 and 9). In addition, Chapter 97 of the Southold Code sets forth one provision for revocation of a permit. Specifically, Section 97-25F provides that a permit may be revoked if the grantee fails to obtain other required approvals for the project. In this case, Mr. Mazzanobile has obtained the required permits to complete the project from the New York State Department of Environmental Conservation ("DEC") and from the Suffolk County Department of Health Services. However, as you know, the DEC would only approve a project smaller in scale than that approved by you. The DEC required Mr. Mazzanobile to eliminate the proposed swimming pool (approved by you), to eliminate portions of the deck (approved by you) and to move the septic system further from the wetlands than the distance previously approved by you. In other words, Mr. Mazzanobile obtained the other required approvals for his project, but the approvals (at least by the DEC) contain conditions more stringent than those imposed by you. Neither the permit issued by you to Mr. Mazzanobile nor the Southold Code allows for revocation of the permit in these circumstances. Indeed, revoking the permit would be completely contrary to the Code and permit provisions allowing for revocation since Mr. Mazzanobile did, in fact, obtain the other required approvals and now is simply trying to conform the permit issued by you to the approvals granted by the other agencies. Il. The Amendments Requested Should be Approved The Southold Code states that all amendments/modifications to "existing permits" must be reviewed in accordance with the standards for issuing permits. § 97-23F. By its terms, this provision provides for review of only the amendments proposed to existing permits, not for a new review of the entire previously approved project. Here, the Board previously determined that Mr. Mazzanobile's project satisfied the standards for issuance of the permit. It makes little sense to conclude that a project lesser in scope than that previously approved does not satisfy the standards for issuance of a permit. Indeed, refusal to grant the requested modifications to the permit -- which would result in less of an impact on the environment in that the proposed plan provides for the elimination of the pool and deck, and the proposal to move the septic system further away from the wetlands — would be arbitrary and capricious. Such arbitrary and capricious denial of the requested amendments would support an action for damages under 42 U.S.C. § 1983. Courts have concluded that where a developer has a clear expectation of continued enjoyment of a permit sufficient to constitute a protectable property interest, as is the case here, there is no legal justification for the revocation of the permit. Town of ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW Orangetown v. Magee, 88 N.Y.2d 41, 643 N.Y.S.2d 21 (1996). A copy is annexed for your convenience. In Magee, the Court of Appeals affirmed an award of approximately $5 million in damages against the Town of Orangetown because the developer had established a deprivation of a protectable property interest (the revocation of a validly issued permit), by one acting under color of law (the Town building inspector). Here, the refusal to modify the conditions of the permit essentially results in revocation of the permit since Mr. Mazzanobile cannot proceed with the project until the permit issued by you is modified to agree with the approvals by the other agencies with jurisdiction over this project. Mr. Mazzanobile acquired a cognizable property interest when the Board issued a valid wetlands permit for the proposed project. There is no legal justification for revoking the existing permit nor is there justification for the refusal to modify the permit to bring it into accord with the DEC approval of the project. III. Revocation of the Valid Permit and/or Refusal to Grant the Requested Modifications Would Result in a Compensable "Taking" The project could go forward but for the Trustee's refusal, to date, to amend the existing permit to bring it into conformity with what the DEC and the Department of Health Services has already approved. The contemplated revocation and the failure to authorize the requested modifications of the previously issued, valid permit, would support a claim that the Town has taken the property without just compensation since the result of such actions would be the destruction of the economic value of the property. See,Matter of Friedenburg v. New York State Dept. ofEnviron. Conservation, 3 A.D.3d 86, 767 N.Y.S.2d 451 (2d Dep't 2003), copy annexed. The Board should realize that to deny the requested amendment, which is a de facto revocation, or to revoke the existing permit will result in substantial damages to Mr. Mazzanobile and the property owners. On behalf of applicant, I respectfully submit that no valid grounds for revocation of the permit exist. Moreover, as set forth above, the Board should approve the requested modifications of the previously issued permit since such modifications comply with the standards for permit issuance in the Code and would result in a project lesser in scope than that previously approved by you. Respectfully yours, � r Enc. STEPHEN R. ANGEL ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW cc: Gregory Mazzanobile Constantine P. Georgiopoulos James Fitzgerald E. Brownell Johnston MAR.23.2005 1(41PM ESW HEFTER ANGEL NO.019 P.2 ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 106 EAST MAIN STREET P.O. Box 279 RrveRHFAD, N.Y. 11901.0279 WILLIAM W.ESSEKS (631)369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MGNUK HI STEPHEN R.ANGEL TELECOPIER NVMpER TA GHWAY 0.(631)369-2066 P.TA BOX UHW JANE ANN R. KRATz WATER MILL,N.Y. 11976 JOHN M.WAGNER (631)726-6633 I WILLIAM POWER MALONEY CARMELA M.DI TALIA ANTHONY C.PASCA March 23, 2005 NICA B.STRUNK WILLIAM M. DUFFY TMEOPORE D.SKLAR OF COUNSEL Albert I Krupski,Jr., President and Members of the Board of Town Trustees Town Hall 53095 Route 25 P. O. Box 1179 Southold, NY 11971 —Via Fax 765-6641 --- Re: Application of Gregory Mazanobile Dear President Krupsld and Members of the Board of Town Trustees: As you know, we are the attorneys for the applicant in the above-Captioned matter. I understand that there is a meeting scheduled tonight, and that the Board could act on the above-captioned application. I also understand that you may not have a full Board tonight. On behalf of applicant, I respectfully request no action be taken on the abovetaptloned application unless a full Board is present. Re?rtlully yours, SRA:md 4PCH cc: Gregory Mazzanobile—Via Fax 203 539-7577 Constantine P. Georgiopoulos—914 793.6149 James Fitzgerald—Via Fax 73+7463 MAR.23.2005 1:41PM EV HEFTER ANGEL • N0.019 P.1 Esseks, Hefter&Angel Attorneys at Law 108 East Main Street P. 0. Box 279 Riverhead, New York 11901 (631) 369-1700 (631) 369-2065-Fax No. FAX COVER SHEET Date: March 23, 2005 To: Albert Krupski, Jr., President/Southold Town Trustees Attn: Lauren Standish Fax No.: 765-6641 To: Gregory Mazzanobile Fax No.: 203 639-7577 To: Constantine P. Georgiopoulos Fax No,: 914 793-6149 - To: James Fitzgerald - - Fax No.: 734-7463 From: Stephen R. Angel, Esq. Re: Application of Gregory Mazzanobile Total pages: 2 Comments: CONFIDENTIALITY NOTICI= The documents accompanying this telecopy transmission contain information which is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named on this transmission sheet If you are not the intended recipient,you are hereby notified that any disclosure, copying,distribution or the taking of any action In reliance on the contents of this telecopied information Is strictly prohibited,and that the documents should be returned to this firm immediately. In this regard,if you have received this telecopy in error, please notify us by telephone immediately. DATE SENT: March 23,2005, TIME SENT: INITIALS: MD ��gOFFO(,�c ELIZABETH A.NEVILLE h�0 �l/y Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 y Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O MARRIAGE OFFICER .F Fax(516) 765-1823 RECORDS.MANAGEMENT OFFICER y�ol �aO� Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer) . One copy will be returned to you in response to your request, or as an interim response. SECTION 1. TO: Town Trustees (Department or Officer, if known, that has the information you are requesting.) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information.) Report, or the like, prepared as a summary of the activity concerning the Mazzanobile application (SCTM #1000-59-1-21 . 6 & 21 . 7). by Heather Tetrauit. Fiease provide a copy. Signature of Applicant: at Printed Name JAMS E. FITZGERA166, JR. Address 385 HAYWATERS DRIVE, CUTCHOGUE Mailing Address PO BOX 617, CUTCHOGUE NY 11935 Telephone Number 631-734-5800 Date: March 21 , 2005 I I APPROVED [ ) APPROVED WITH DELAY* [ I DENIED' �1,Afl 'Z U� A. Neville Se elh01410W Clerk Eigabeth Date Freedom of Information Officer * If delayed or denied see reverse side for explanation. • ��S�FFO(�-�o Telephone p Town Hall (631)765-1892 h 53095 Route 25 Q .tC P.O.Box 1179 y • °`' Southold,New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Mon., February 14, 2005, the following recommendation was made: GREGORY MAZZANOBILE to Amend Permit#5631 to eliminate the swimming pool and move the proposed sanitary system leaching pools T further from the wetlands line. Located: 1300 & 1460 Lake Dr., Southold. SCTM#59-1-21.6&21.7 The CAC recommends the Board of Trustees postpone the application until the applicant submits a report prepared by an expert describing how the proposed project will not have adverse effect on the environment. The CAC further requests clarification with regard to the ownership and future plans of Central Ave. �gUffO(�-c Albert J. Krupski, President Oar QG Town Hall James King,Vice-President G� �� 53095 Route 25 Artie Foster P.O.Box 1179 H x Southold,New York 11971-0959 Ken Poliwoda 1 �+f Peggy A. Dickerson Gy �� Telephone(631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Elizabeth A. Neville, Town Clerk FROM: Board of Trustees DATE: February 7, 2005 RE: Foil Request of James Fitzgerald, Jr. The file of Gregory Mazzanobile is available in the Trustees office for review between the hours of 8:00 AM —4:00 PM. o��gUFFO(�co ELIZABETH A.NEVILLE Town Hall, 53095 Main Road TOWN CLERK p P.O. Box 1179 d2 Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 15 T MARRIAGE OFFICER O Fax(516) 765-1823 RECORDS.MANAGEMENT OFFICER y,�ol �aO� Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section 1 of this form and give to Town Clerk's Office (agency Freedom of Information Officer). One copy will be returned to you in response to your request, or as an interim response. SECTION 1. TO: Board of Town Trustees (Department or Officer, if known, that has the information you are requesting.) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information.) Minutes of the public hearing on January 19, 2005, concerning the application of Gregory Mazzanobile for approval of. an amendment to Trustees ' Permit No. 5631 . . Signature of Applicant: Printed Name JA S E. FITZGE LD, JR. Address 385 HAYWATERS DRIVE, CUTCHOGUE Mailing Address PO BOX 617, CUTCHOGUE NY 11935 Telephone Number 631-734-5800 Date: February 2, 2005 [ 1 APPROVED RECEIVED ( 1 APPROVED WITH DELAY* [ ] DENIED* FEB 3 20G5 Elizabeth A. Neville Date Freedom of Information Officer $os�3{Pc4 9 T^f,fP. '�Irrk * If delayed or denied see reverse side for explanation. ��gUFFO(�-c ELIZABETH A.NEVILLE ��O �l/y Town Hall,53095 Main Road TOWN CLERK p '-Z P.O. Box 1179 H Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS G yC Fax (516)765-1823 - MARRIAGE OFFICER RECORDS.MANAGEMENT OFFICER y'flpl �aO� Telephone(516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer). One copy will be returned to you in response to your request, or as an interim response. SECTION I. TO: Board of Town Trustees (Department or Officer, if known, that has the information you are requesting.) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information.) Written information provided by consultant harry Fenny as requested by the Board at the 1/19/05 public hearing on the application of Gregory Mazzanobile. Signature of Applicant: Printed Name JAME ` . FITZGERAL , R. Address 385 HAYWATERS DRIVE, CUTCHOGUE Mailing Address PO BOX 617, CUTCHOGUE NY 11935 Telephone Number 631-734-5800 Date: February 3, 2005 [ ] APPROVED RECEIVED [ ] APPROVED WITH DELAY* [ ] DENIED* FEB 3 2005 ElizaWeth A. Neville Date Freedom of Information Officer $outhold Town f( t[S * If delayed or denied see reverse side for explanation. o�OSUfFO(�i'�0 ELIZABETH A. NEVILLE �� Gy� Town Hall, 53095 Main Road TOWN CLERK H Z P.O. Box 1179 REGISTRAR OF VITAL STATISTICS O Southold, New York 11971 MARRIAGE OFFICER 'f' • �t� Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER �Ol �a Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Board of Trustees FROM: Linda J. Cooper, Deputy Town Clerk DATE: February 3, 2005 RE: Foil Request of James Fitzgerald, Jr. Transmitted herewith is a FOIL request of James Fitzgerald Jr. Please respond to this office within five (5) business days. Thank you. ��gOFfO(,�c ELIZABETH A.NEVILLE =`1`� �l/y Town Hall,53095 Main Road TOWN CLERK o P.O. Box 1179 y Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax (516)765-1823 • MARRIAGE OFFICER RECORDS.MANAGEMENT OFFICER ��l �a0 Telephone(516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer) . One copy will be returned to you in response to your request, or as an interim response. SECTION I. TO: Board of Town Trustees (Department or Officer, if known, that has the information you are requesting.) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information. ) Written information provided by consultant Larry Fenny as requested by the Board at the 1/19/05 public hearing on the application of Gregory Mazzanobile. Signature of Applicant: Printed Name JAME FITZGERAL , R. Address 385 HAYWATERS DRIVE, CUTCHOGUE Mailing Address PO BOX 617, CUTCHOGUE NY 11935 Telephone Number 631-734-5800 Date: February 3, 2005 [ ] APPROVED RECEIVED [ ] APPROVED WITH DELAY* [ ] DENIED* FEB 3 2005 ElizaWeth A. Neville Date Freedom of Information Officer Southold Town 0111A * If delayed or denied see reverse side for explanation. O�OgUFFO(,�co ELIZABETH A NEVILLE Town Hall, 53095 Main Road TOWN CLERK p P.O. Box 1179 Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS W of - MARRIAGE OFFICER �,y • `iC Fax(516) 765-1823 RECORDS.MANAGEMENT OFFICER �Ol �aO� Telephone(516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer) . One copy will be returned to you in response to your request, or as an interim response. SECTION 1. TO: Board of Town Trustees (Department or Officer, if known, that has the information you are requesting.) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information.) Minutes of the public hearing on January 19, 2005, concerning the application of Gregory Mazzanobile for approval of an amendment to Trustees ' Permit No. 5631 Signature of Applicant: Printed Name JA S E. FITZGERALD, JR. Address 385 HAYWATERS DRIVE, CUTCHOGUE Mailing Address PO BOX 617, CUTCHOGUE NY 11935 Telephone Number 631-734-5800 Date: February 2, 2005 [ ] APPROVED [ RECEIVED DENIED 1 APPROVED WITH DELAY* * [ ] FEB 2 2005 Elizabeth A. Neville Date Freedom of Information Officer * If delayed or denied see reverse side for explanation. SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL February 4, 2005 Ref: Gregory Mazzanobile Permit Application. Due to the short period allowed for review, not all members have had an opportunity to report on their findings. However those reporting have agreed that this application should be put on hold until independent expert advice can be obtained regarding the environmental impact of this construction if approved. Approval without this level of expertise may result in irreparable harm to this area. If the expert cannot be obtained, then the previous recommendation of the committee should be considered final. D. E. Wilder, Chairman I n ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P. 0. Box 279 RIVERHEAD, N.Y. 1 1 90 1-02 7 9 WILLIAM W. ESSEKS (631) 369-1700 WATER MILL OFFICE MARCIA Z. F'EFTER MONTAUK HIGHWAY STEPHEN R. ANGEL TELECOPIER NUMBER (631) 369-2065 P. 0. BOX 570 JANE ANN R. KRATZ WATER MILL, N.Y. 11976 JOHN M. WAGNER (631) 726-6633 WILLIAM POWER MALONEY CARMELA M. DI TALIA ANTHONY C. PASCA February 2, 2005 NICA B. STRUNK WILLIAM M. HUFFY THEODORE D. SKLAR OF COUNSEL �Cv Albert J. Krupski, President Dr � — I and Members of the Board of Town Trustees Town Hall FEB 53095 Route 25 "J P. O. Box 1179 -- --� sec tc:rn Southold, NY 11971 T,1: ,,s Re: Amendment—Gregory Mazzanobile Dear President Krupski and Members of the Board of Town Trustees: As you know, we are the attorneys for Gregory Mazzanobile, who seeks an amendment to his existing permit. I appeared before you in support of Mr. Mazzanobile's amendment on January 19, 2005. Mr. Mazzanobile has a permit to construct a single family home, pool, deck and septic system from the Trustees. The purpose of the amendment is to remove the pool, a major portion of the decking, and increase the distance of the septic system from the wetlands. Mr. Mazzanobile's permit was issued after a public hearing and was extended by your Board this past year. As mitigated, Mr. Mazzanobile's proposal to use the property has been approved by the New York State Department of Environmental Conservation ("DEC'J, and the Suffolk County Department of Health Services. In light of the above, it is our position that a refusal to grant the amendment would be arbitrary and capricious. The only changes sought are mitigation from an existing valid permit. Case law supports our position. Where a building permit has been properly issued and is valid, a right to proceed under it exists. See Matter ofFaymorDev. Co., Inc. v. Board of Standards and Appeals of the City of New York, 57 A.D.2d 928, 394 N.Y.S.2d 732 (2d Dept. 1977)("the right to proceed pursuant to a valid building permit, no less than any other civil right," was not lost because protesting neighbors took to the street and prevented construction which would have allowed owner to claim vested rights in the valid permit); Matter of Moore v. Burchell, 14 A.D.2d 572, 218 N.Y.S.2d 868 (2d Dept. 1961)(Town of Mamaroneck justified in refusing neighbor's request that property owner's validly issued building permit be revoked). ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW I request that you grant the amendment. TNeully yours, �. 0SRA:md R. ANGEL cc: Gregory Mazzanobile James Fitzpatrick 02/02/2005 15:01 3613241eo PLANNING DEPART PAGE 01/04 Larry Penny DFEK + U 3662 Noyac Rd. D Sag Harbor, N.Y. 11963 - 2 2005 Southold Toga Board of Troateea February 2, 2005 Southold Town Trustees Southold, N.Y. SUBJECT: Manzzanobile Wetlands Permit Application And Modification Dear Trustees Here is a short summary of my oral presentation given to you on January 19, 2005 regards the proposal to build on the north side of Lake Drive north of Great Pond and south of Leeton Drive and the Long Island Sound in the Town of Southold. Surely �T.�arry P y Attach. � 83� 4 n'•aT bi. ' ? 02/02/2005 15:01 36132410 PLANNING DEPART PAGE 02/04 b1anasanobile Parcel And Its Status With Respect To The Rare Comomaunities In Which It Is Situated, Lake Drive, Southold Town, Long Island, New York New York State's Department of State has characterized the area in which the Manzzanobile residence would be located as a "globally rare interdunal Swale", five of which have been documented on Long Island, four of them in East Hampton Town where I have worked as the Environmental Protection Director for 20 years. I am very familiar with these interdunal swales and their unusual and rare plant communities as part of my duties in East Hampton have to do with protecting them. In the last four years East Hampton has purchased about 75 acres of interdunal Swale land associated with the walking Dunes and Napeague Dunes interdunal Swale complexes with Community Fund Preservation money. Interestingly, the East Hampton Trustees own more than 50 acres of the Promised Land interdunal Swale complex which they have held for hundreds of years. As enunciated in the Eric Lamont, NYS DOS and State Natural Heritage reports these interdunal swales contain rare plant native species such as the state listed Iris prismatica, slender blue flag, found by Eric Lamont in the Great Pond interdunal Swale in Southold. interdunal swales are often associated with water table ponds because they are water table systems, themselves, located near large bodies of marine waters where the water table resides at the surface or very near to it. The groundwater column rises and falls depending upon the amount of precipitation available in any given year, but is also tied to sea level because the fresh groundwater is less dense than the saline sea water which underlies it and thus "floats" on top of it. Thus, with the sea level rise that we are presently experiencing on Long Island, interdunal swales will expand rather than shrink and we can expect the subject one, as well as the five documented Long Island ones, to increase in size over the next fifty years. Consequently, standard setbacks that provide protective buffers from wetlands in more inland areas where the line between "wetland" and "upland" is generally quite sharp, don't offer as much protection in interdunal Swale areas adjacent to seas. They can be compromised by storm driven flood waters, high winds which reshape their component 02/02/2005 15:01 3613241ff PLANNING DEPART PAGE 03/04 dunes, salting by aerosols from the sea as we experienced during Hurricane Gloria in 1985, and developmental events such as those that are now being experienced in the subject interdunal swale area. developmental events produce short- term and long-term chronic disturbances such as changes in wind flow patterns, infiltration of septic and surface chemicals, exotic vegetation introductions and the like. The nature of the patura,l area before development is subtly or dramatically changed, and the change is progressive and deleterious to the natural system. As we speak, the Promised Land interdunal swale area in the hamlet of Amagansett in East Hampton is being subjected to such pressures. As the photomap given to the Trustees during my presentation clearly shows, the sea (Napeague Say) is encroaching onto the land at more than a foot a year, houses built before there were town wetland laws (passed in 1984) are creating zones of disturbance that include the spread of phragmites and the progressive sanding of wetland bogs around them. Fortunately, the Community Preservation Fund was established just in time to provide moneys to buy parcels in and around such ecologically significant habitats threatened by development. Likewise, the Town of East Hampton and Suffolk County have combined efforts to save ecologically rare lands in a very provident and timely manner. The permitting of the one house and adjunts under consideration, notwithstanding that the usual standards and setbacks will be applied to the parcel under question, will make it difficult to preserve other critical parcels having similarly high ecological values nearby that are in the same predicament. Therefore, my recommendation to the Trustees is to deny the permit modification and to do everything in their power to acquire said parcel. I would expect that the Southold Town Board, Suffolk County, local homeowners, and land preservation organizations (e.g. , Peconic Land Trust, Nature Conservancy) would contribute in this effort to save the one globally rare interdunal swale community in the Town of Southold and one of only six de or Long Island. Larry Penny / February 2, 2005 - ` \ . / 1 /�\ z D ECEo � � n -05SDI FEB 1 2005 o20 Lake Dr e Southold, N.V. 1 971 Jan. 28, 200 Southold Town Board of Trustees Southold Town Trustees PO Box 1179 Southold, N.Y. 11971 Dear sirs and madam: Thank you for your careful and patient consideration of the issues surrounding the development of the Mazzanobile property on Lake Drive. We are grateful to you for being thoughtful stewards of the rare and precious natural resources of the Kenny's Beach area and of our town. When outer Cape Cod was faced 40 years ago with diminishing open space, and increasing human-related pollution, the National Park Service stepped in to preserve what was left. The remarkable interdunal swale, extending from Goldsmith's to Horton's Point,is a wonderfully unique feature of Southold Town and still very much intact. You—the Trustees- are in the position , right now, of stopping further development and preserving this VERY, VERY important natural environment. The unique character of the swale, with its flow of fresh water into the Sound, keeps the three lovely beaches clean and this legendary fishing ground active and vital. When the swale is developed, it's all gone. My husband, a native of Mattituck and former commercial fisherman, and I live on the only lot on the north side of Lake Drive that is above the 100 year flood plain. We have been here year-round for the past 4 years, and we have observed the many neighborhood and town residents who use our street, in all kinds of weather, for recreation (walking/running/biking) and rejuvenation. The development of the Mazzanobile property, with its proximity to the cranberry bog and at the junction of Lake Court would alter what is now essentially a"wilderness experience"- refreshing and revitalizing- for many. The stark vegetation and endless vistas will be gone. We have personally pledged $10,000. towards the purchase of the open space properties in our neighborhood and we will work to raise more. We consider ourselves stewards of the Kenney's Beach area and we will do whatever it takes to preserve its unique character. My husband has put forward a proposition to Jim McMann of the Town to replant the beach grasses at Kenny's with a team of volunteers. We will do whatever it takes to keep this area a vital resource for the Town. We urge you to turn down the Mazzanobile proposal. It is much more than just another second home. V�truly y rs, / r ,__) , Deborah Geurtz and Ric d Bird Gregory D. Dwyer 3961 Taft Ave. Seaford, N.Y. 11783 Home Phone(516)781-4391 January 29, 2005 saatsml to Pieog Southold Town Board of Trustees pj^[t0�3 P.O. Box 1179 —� 53095 Main Road r 11 rnJ7 Southold, N.Y. 11971 Dear Trustees, It has come to my attention that the Mazzanobile project on Lake Drive will soon come before you for your approval. As a second home owner on Lake Drive for almost thirty years, I urge you to deny this project. The "Lake Drive Loop" is a special area which contains an important ecosystem for the entire town. The dunes provide a natural filtering system for Sound water flowing into Great Pond. Wild cranberries can be found growing in spots. And I have personally observed turtles, whitetail deer, osprey, and wild pheasant living in the wild. A project of the magnitude contemplated would destroy these wetlands forever. The mere fact that such large amounts of landfill and grading are needed, is indicitive of the fragile condition of the area. Any floods or sewage overflows run the risk of creating an environmental disaster. The Kenney's Beach area has undergone growth over the years and, yes, the recent public water project allows for, and encourages, more development. But nothing in the past has disrupted and altered the natural contours of the land on this scale. The dictionary defines a trustee as "...someone who manages the property of others", and to my mind, there can be no higher calling. In that capacity, you have a chance to take a stand on wetland protection on Lake Drive. Based on your informational article in the Suffolk Times (1/27), the "change, alteration, or activity" proposed for this site is most definitely not.in the best interest of the "estuary, shoreline or immediate bay bottom." At a time when open space, farmland preservation, and wetland protection are hot issues on the North Fork, your bold actions today will allow this unique environment to endure for future generations. Just as Governor Andros recognized the importance of wetlands to Southold Town in 1676, I ask you in 2005, Mr. Krupski, Mr. King, Mr. Poliwoda, and Ms. Dickerson, to realize the natural forces at work on "The Loop", and deny the Mazzanobile project. Sincerely, i Gregory D. Dwyer 11/15/04 Field Inspection • • Tetrault, Heather From: Gwynn Schroeder lgdsnfec@optonline.net] Sent: Tuesday, February 01, 2005 1:57 PM To: Standish, Lauren; Tetrault, Heather Subject: Comments on Mazzanobile Application February 1, 2005 Al Krupski, President Members of the Board of Trustees Southold Town Dear Members of the Board; I am writing on behalf of North Fork Environmental Council and in support of the Great Pond Wetland Preservation Committee's position on the application of Mazzanobile, SCTM #59-1-21.6 & 21.7, for an amendment to an existing wetlands permit to construct a single family residence. After reviewing the aerial photographs and the botanical report prepared by Eric Lamont and listening to the testimony of Larry Penny at the January 19 hearing as to the unique ecological features of this parcel, it is evident that this is an area that simply should not be built upon. Especially poignant is Dr. Lamont's statements that the area under consideration contains rare ecosystems, not only rare locally, but globally as well. Dr. Lamont goes on to state in his evaluation that "strictest environmental laws and codes should be enforced to preserve the integrity of these delicate and sensitive ecological communities". I wholeheartedly echo his recommendation and ask that you utilize every option at your disposal to prevent this inappropriate development. A recent poll of NFEC members, not surprisingly, revealed that protection of Southold's wetlands and beaches as their number one priority. You are charged with the responsibility of protecting these wetlands and I know it is a responsibility that you do not take lightly. Lots such as the one under consideration are becoming more and more vulnerable to development as time goes on. What once was considered acceptable should not be considered acceptable today and presumably we have learned from past mistakes. Recognizing this fact, the Trustees wisely called on the Town Board to impose a moratorium on wetland permits. This permit was issued prior to the moratorium and prior to the amendments to Chapter 97 of the Southold Town Code. It was also issued at a time when the Trustees did not have the benefit of an environmental analyst on staff. You also have the expect testimony of two experts clearly circumstances have changed. Chapter 97 states that the Trustees may grant a permit only if granting the permit will not "adversely affect the wetlands of the Town" or"adversely affect the aesthetic value of the wetland and adjacent areas". I argue that allowing this development to proceed will do both. You have expert opinion as to the unique nature of this parcel and the impacts if developed. I know you will take this into account when making your decision. Thank you for your consideration. Sincerely, 2/1/05 11/15/04 Field Inspection • Gwynn Schroeder Gwynn Schroeder Executive Director North Fork Environmental Council P.O. Box 799 Mattituck, New York 11952 631-298-8880 Fax: 631-298-4649 E-mail: gdsnfec@optonline.net www.nfecl.org 2/1/05 � Nowm ro�:aMn�wume�,couwaa iNc. • pECE E FEB - 1 2005 D February 1, 2005 Southold Town Al Krupski,President Board of Trustees Members of the Board of Trustees Southold Town Dear Members of the Board; I am writing on behalf of North Fork Environmental Council and in support of the Great Pond Wetland Preservation Committee's position on the application of Mazzanobile, SCTM#59-1-21.6 &21.7, for an amendment to an existing wetlands permit to construct a single family residence. After reviewing the aerial photographs and the botanical report prepared by Eric Lamont and listening to the testimony of Larry Penny at the January 19 hearing as to the unique ecological features of this parcel,it is evident that this is an area that simply should not be built upon. Especially poignant is Dr. Lamont's statements that the area under consideration contains rare ecosystems,not only rare locally,but globally as well. Dr. Lamont goes on to state in his evaluation that"strictest environmental laws and codes should be enforced to preserve the integrity of these delicate and sensitive ecological communities". I wholeheartedly echo his recommendation and ask that you utilize every option at your disposal to prevent this inappropriate development. A recent poll of NFEC members, not surprisingly,revealed that protection of Southold's wetlands and beaches as their number one priority. You are charged with the responsibility of protecting these wetlands and I know it is a responsibility that you do not take lightly. Lots such as the one under consideration are becoming more and more vulnerable to development as time goes on. What once was considered acceptable should not be considered acceptable today and presumably we have learned from past mistakes. Recognizing this fact,the Trustees wisely called on the Town Board to impose a moratorium on wetland permits. This permit was issued prior to the moratorium and prior to the amendments to Chapter 97 of the Southold Town Code. It was also issued at a time when the Trustees did not have the benefit of an environmental analyst on staff. You also have the expect testimony of two experts—clearly circumstances have changed. Chapter 97 states that the Trustees may grant a permit only if granting the permit will not"adversely affect the wetlands of the Town" or"adversely affect the aesthetic value of the wetland and adjacent areas". I argue that allowing this development to proceed will do both. You have expert opinion as to the unique nature of this parcel and the impacts if developed. I know you will take this into account when making your decision. Thank you for your consideration. Sincerely, Gwynn Schroeder Executive Director r._._�.. � .- ,,. ._ -, _� i m t � . .R I • '{ •' �SpFFO(,��, Albert J. Krupski, President 0� O Town Hall James King,Vice-President = G'y� 53095 Route 25 Artie Foster y P.O.Box 1179 Ken Poliwoda G • Southold,New York 11971-0959 Peggy A. Dickerson A�0 �� Telephone(631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 27, 2005 TO: Board of Trustees E.Brownell Johnston, Assistant Town Attorney Mark Terry, Senior Environmental Planner Lauren Standish, Secretarial Assistant FROM: Heather Tetrault, Environmental Technician Re: Application for Amendment to Permit#5631 Gregory Mazzanobile 1300 & 1460 Lake Drive, Southold SCTM# 59-1-21.6, 21.7 REPORT: This memorandum is in response to the Trustees' request for a review of new information presented to the Board regarding this application. PURPOSE: The purpose is to determine the effect of the above application on the natural resources of the Town of Southold. STATEMENT OF FACTS are as follows: 1.Applicant applied for a permit to construct a house, pool, and sanitary system on May 2, 2002. 2.Permit # 5631 granted from the Board of Trustees on September 25, 2002. 3.Applicant applied for an amendment to change the location of the sewage disposal system and fill and retaining wall on June 27, 2003. 4.Trustees denied the amendment on December 17, 2003. 5.Applicant applied for an extension to Permit #5631 on July 14, 2004. 6.Trustees granted a one-year extension on July 21, 2004. 7.Applicant applied for an amendment to eliminate the pool and move the sanitary system three feet to the west on September 29, 2004. FINDINGS These are my findings on this project, as the Environmental Technician for the Town of Southold. The permit that was granted on September 25, 2002 was prior to the revisions of Chapter 97, the Wetland Code for the Town. The lot is located in a globally rare natural plant community, an interdunal freshwater wetland swale. This is a distinct ecosystem that is seasonally flooded. It is a dynamic system that is susceptible to saltwater intrusion and shifting sand formation. An interdunal swale forms a distinct ecosystem, that occurs sporadically along the Atlantic coast, seasonally flooded depressions that occur in the back dunes and contain rare plants, recharge areas for groundwater, and amphibian habitats. The subject property is located in an area that is an approved subdivision from the 1980s,when the Town was not prepared to environmentally assess the natural resources found in that habitat. The area is a globally rare habitat and in order to protect this unique habitat the setbacks set out in the Town Code must be followed and for these reasons: 1. Listed in the purpose and goals of Chapter 97 Wetlands are lands and submerged lands commonly called bogs, containing bog mat vegetation including cranberries (Vaccinium sp.), and other fresh water wetland systems. 2. These wetland systems are typically found within and comprise an interdunal swale ecosystem. 3. The purpose of Chapter 97 is to ensure for the residents of the Town of Southold the protection and preservation of these wetlands and that their values, including protection of groundwater, flood control, and plant and wildlife habitat, and shall be harmed by development in this area. 4. There are three private wells within 150' (health department standard for shallow wells) of proposed leaching pools (at 71" and 104'). 5. Chapter 97. Section 12B.of the Southold Town Code mandates the prevention of the loss or degradation of critical wildlife and plant habitat. 6. The minimum setbacks to ensure protection of these wetlands are 100 feet for a residence and 100 feet for leaching pools. 7. According to past aerial photography and historical information the groundwater table experiences seasonal fluctuations and the size of the wetlands increase with the movement of groundwater. 8. The subject property has been identified by Eric Lamont in an independent study titled Botanical Report, August 2004, Preliminary Environmental Assessment of the "Great Ponds Wetland and Dunes" Southold, NY as a maritime freshwater interdunal swale, designated by the New York State Natural Heritage Program as a globally rare habitat that is found only in five places on Long Island. 9. This ecosystem has been identified as the only interdunal swale ecosystem occurring in the Town of Southold and contains the rare Iris prismatica, and the maritime dunes that are also designated as State Rare by the New York State Natural Heritage Program. 10. The New York State Natural Heritage program has issued a publication in which interdunal swales are listed as priority habitats for conservation. 11.The standard setbacks that are normally sufficient for protecting wetland areas are not sufficient for this habitat where it is a rare community, shaped by the winds with the movement of sand and vegetation that the level of disturbance is greater from any development. 12. The disturbance of swales and the surrounding dunes will often lead to invasion by the common reed (European Phragmites) and Purple Loosestrife (Lythrum salicaria), and the nutrient enrichment from runoff from lawns and septic systems greatly accelerate invasion by these species. These plants are found in that area now and more impacts will support a monoculture of Phragmites and a loss of valuable wetland species. 13. Expert testimony from Larry Penney, Ecologist, Sag Harbor, Greg Edinger, Ecologist, New York Natural Heritage Program, Eric Lamont, PHD, Botanist, Dr. Scott Shumway, research Biologist, Mark Terry, Senior Environmental Planner, Southold Town, Brian Frank, Town of East Hampton Planning Department, and Bruce Horwith, Nature Conservancy indicates that the area is a critical habitat and may be significantly impacted by the construction of a sanitary system as proposed. 14. Information of concern from the town's Local Waterfront Revitalization Plan, as follows: (ii) Flooding The potential for flooding in Reach 2 is greatest in the vicinity of Goldsmith Inlet, Kenney's Beach and McCabe's Beach. The bluffs that stretch along the shoreline of Reach 2 east from Duck Pond Point move inland at Goldsmith Inlet and return to the shoreline at Lily Pond extending on to Horton Point. Localized flooding occurs along the low shoreline areas between these points. At Goldsmith Inlet, flooding can extend inland from the Long Island Sound shoreline into low-lying areas around the Inlet. This can extend beyond Mill Road and Sound View Avenue. Between Great Pond and Horton Lane, flooding can extend back into the dunes, affecting property along Leeton Drive, West Drive, Lake Drive, Kenney's Road, Dogwood Lane, and North Sea Drive. Flooding also extends to low lying areas around Great Pond and Lily Pond. Flood areas are indicated on the Flood Insurance Rate Maps, which are prepared by the Federal Emergency Management Agency. Normally the potential for flood damage or lack of access due to flooding during storms might act as a deterrent to the development of residentially zoned lots. However, the federal flood insurance program has served to make development of some low-lying properties more attractive by requiring raised construction above the 10-foot contour. As seasonal cottages are winterized and expanded into year-round dwellings, they also are raised on stilts or mounded earth. However, the roads and surrounding terrain remain susceptible to flooding. This trend is likely to result in problems in the near future for emergency services personnel as the year-round population increases. The Town needs to develop a Flood Hazard Mitigation Plan to inventory potential trouble spots and solutions. (iv) Areas of Special Concern The Town of Southold has identified five areas of special concern within Reach 2. These are examined in more detail below. Long Island Sound shoreline— Goldsmith Inlet to Kenny's Beach The primary issues of concern here are erosion and environmental protection. The Town's main focus here is to identify the degree to which man-made structures located updrift of this stretch of shoreline are aggravating the naturally occurring rate of erosion. Once that is determined with some degree of certainty, the Town is committed to finding reasonable and feasible ways of redressing the existing problem, and to finding constructive ways to prevent further erosion of the same magnitude. This will, of necessity, include closer scrutiny of applications to rebuild structures seaward of either the mean high tide mark or the CEHA line. Where possible, all structures should be pulled landward. With regard to environmental protection, the Town's main focus is to protect the locally and regionally unique landforms and habitats found within this Reach. This means finding ways to protect the dunes and to protect the beach and wetland habitats (and their respective wildlife components) from destruction or degradation. (iv) Protection of habitats and wetlands Reach 2 features locally unique and important landforms, wetlands and coastal beach habitats. These are concentrated around Goldsmith Inlet, Peconic Dunes, Great Pond and along the shoreline. Significant protection can be provided to this habitat through judicious acquisition of key parcels and careful stewardship of those properties after they are opened to the public. The Town also needs to find ways to mitigate the environmental degradation of these habitats and wetlands that may ensue as vacant lots within existing residential communities are developed or as existing structures are rebuilt or expanded. The restoration of wetland habitat around privately held ponds, e.g. Lily Pond, also should be explored, perhaps in conjunction with the property owners. (v) Protection of water quality As mentioned in the previous paragraph, the Town needs to mitigate the impact of existing and proposed development on the environment. One aspect of this is the need to reduce the flow of pollutants to the surface waters of Goldsmith Inlet, Autumn Pond, Great Pond and Lily Pond, not to mention the wetlands and drainage swales that feed these water bodies. Two types of pollutant sources are of great concern: that of stormwater runoff from public and private property and that of poorly-sited or malfunctioning on-site wastewater treatment systems. Stormwater runoff must be dealt with not just from roads, but from impermeable surfaces on private property. For instance, roof runoff typically is channeled by property owners down their driveway into the road instead of into on-site leaching basins or dry-wells. Much of the road runoff in this Reach is piped to low areas adjacent to wetlands and water bodies, but it is not necessarily filtered of pollutants. Wastewater treatment is a major problem where the lots are non-conforming in size,particularly if the lots are on the water's edge. As the value of waterfront continues to increase (be this sound, lake or pond front), the pressure to upgrade and expand existing structures on undersized lots may result in increased levels of pollution to surface and ground waters. Finally, landscaping practices that rely on heavy applications of fertilizers and pesticides can be a contributing pollution factor, particularly adjacent to water or drainage swales. In recognition of the existing and potential threat to water quality, the Town recognizes the need for Watershed Plans for threatened areas, particularly that of Goldsmith Inlet. (vi) Flooding and erosion Flooding within Reach 2 is primarily a function of low-lying shorefront and inlet areas within reach of storm driven wave action. Even with compliance with federal flood insurance regulations, these areas will remain vulnerable to the extreme wave action and beach erosion that takes place during severe nor'easters. It is estimated that more than half of the waterfront structures within this Reach lies wholly or partially within the Coastal Erosion Hazard Area. As these residences become endangered, some will be pulled back from the shoreline. However, in certain parts of the Reach, the lots are too small to enable property owners to relocate their residences farther from the water. In the absence of public acquisition of waterfront for the purposes of public access, the Town can only ensure that future subdivision lots are designed with sufficient depth to situate houses well landward of the Coastal Erosion Hazard line and the flood zone. The Town needs to develop a Flood Hazard Mitigation Plan to inventory potential trouble spots and solutions. CONCLUSION In response to your request for my opinion, I would recommend that the Trustees deny the amendment, without prejudice, to the permit of Gregory Mazzanobile for a house, sanitary system, and pool, and revoke the original permit, if legally possible, based on that the area is a globally rare habitat and in order to protect this unique habitat the setbacks set out in the Town Code must be followed. The new information documents the sensitivity of the area. The proposed distance of the leaching pools cannot be mitigated to follow the required setbacks, and will adversely affect this natural habitat. The 50' non-disturbance buffer between the house and the wetland is not sufficient to protect the wetland; there will be normal activity around the house that will be closer to the wetland. In addition, allowing development here sets a bad precedent for protecting the rest of this habitat; I recommend the strictest constraints on these lots; there should be no lawns or use of chemical fertilizers. The size of the house could be reduced (current proposed house is over 3000 square feet). The applicant has not demonstrated that there will not be negative impacts from the proposed development. I would request that they do a ground water flow study, and be responsible for showing that there will be no impact on the wetland areas. Heather Tetrault Environmental Technician 11/15/04 Field Inspection Tetrault, Heather From: Lillian Ball [ballstudio@thing.net] Sent: Monday, January 31, 2005 10:52 AM To: pegdickerson@optonline.net Cc: Tetrault, Heather Subject: Great Pond Wetlands Dear Peggy, I just wanted to touch base with you and say thanks for the response we got the other night at the trustees meeting. I know you and Ken must have revisited the issue with the other trustees, and it was great to find them ready to look at all the impressive new information we have found. In addition to the biological reports, Larry Penny had such persuasive points on the frightening results of building on a swale in East Hampton. We all look forward to seeing his report and I'm sure Heather will do a good job as well. Please feel free to pass along the following facts , if you think it would help the preservation effort. As you know this is not just a wetlands, a marine freshwater interdunal Swale is a very unusual occurence. I initially got involved because I thought development would affect the health of the lake as well as my lovely view. But now after all this research I realize it is much more serious because it affects everything : LI Sound, beach as well as lake property owners , lots of birds and wildlife, in fact the entire community. Preservation has become what feels like a driving force to me, personally, a responsibility I take very seriously. Since becoming the Chairman of the committee in July, I have spent nearly 650 hours working to get those reports , mobilize the entities involved (the Civic Ass., Peconic Land Trust, Southold Land Preservation, Suffolk County Planning, The Nature Conservancy, Natural Heritage Program,NY Dept of State) and raise the nearly $200,000. to purchase the corner lot ( the 1 st offered to us) on West+ Lake. The Southold Land Preservation Committee has indicated to us that they are willing to contribute as much as 20% towards the purchase of each of the lots we have targeted. Suffolk County planning is submitting our area to the legislative open space committee for a planning steps resolution. As I said at the hearing, over 70 donors have contributed to the PLT and we are practically at the asking price of $225,000. My commitee and I have spent over$7000 of our own money to facilitate the process such as paying for the Botanical report, appraisals of 10 parcels, xeroxes, etc. We also have all pledged substantial amounts to the Peconic Land Trust. We have gone door to door, sent out mailings and called our neighbors, in a fund raising process that would be substantially easier in the summertime. Therefore, I have reason to believe that we will be able to raise more once people are back in the Spring. However, this has not been a wealthy community, there's a high incidence of retired people living on fixed incomes. In order to purchase all 11 parcels , there must be a coalition with all the public entities involved. I also have applied for a Long Island Sound Futures Fund 3-part Grant with the sponsorship of PLT for acquisition administrative costs and eventual restoration of the preserved area. Though I don't know if we will get the grant, competition is stiff and our costs are higher than average,but the folks at Fish and Wildlife were very helpful and encouraging. The Audubon Society of the North Fork members have contributed individually and the entire group is discussing a donation and endorsement later this week. In short, we've done everything I can think of to facilitate the process of purchasing the land for 1/31/05 II/15/04 Field Inspection preservation, and intend to go on doing so. The opportunities for fundraising would be considerably enhanced if the permit is not renewed. There are many other properties for sale in the Kenney's Beach area, and we would be happy to welcome Mr Mazzanobile to the neighborhood, if he decides not to build in the wetlands. We are committed to figure out any possible ways that the wetland can be protected AND that everyone may be justly compensated for their properties . As an artist and chairperson of the Wetland Preservation Committee, I think we must remember that the unique nature of this landscape is irreplaceable. As a community, we are all responsible for transforming the situation so that everyone can win: the landowners, the town of Southold, and the ecosystem. Sincerely, Lillian Lillian Ball - chair, Great Pond Wetland Preservation Committee Kenny's Beach Civic Association 2045 Lake Drive, PO Box 4881 Southold, NY 11971 631-765-3495 cell 917-453-5040 ballstudio@thing.net 1/31/05 1455 Lake Drive Southold, NY 11971 Southold Town Trustees PO Box 1179 ED 530951LLain Rd.Southold, NY 11971 Dear Trustees: As a resident of 1455 Lake Drive, Southold, I write in opposition to the granting of a permit to build for the Mazzanobile property located in the Great Pond Wetlands. The two lots in the wetlands will not support a large house and its accompanying septic system without threatening the ecology of the area. as well as the safety of my well water and that of my neighbor, the Manolakos family. For the fifty years that I have been a resident, the sandy,terrain has always been wetlands, often flooded knee deep in the spring. After Hurricane Carole in 1954, much of"the circle," wetlands bounded by Kenneys Rd, Lake Dr, West Dr and Leeton Dr, was underwater for months as Long Island Sound flooded the area and even flowed into the Great Pond on the east side of Lake Dr. More recent storms have had similar although less drastic effects. As we have seen, winter storms with residual snow melt and hurricanes have been increasing in number and intensity and it is only a matter of when, not if; the land will be underwater again. The threat of contaminated human waste and sewage floating to the surface or not dispersing property underground is real. This land has never been suited to building; to build on it would threaten the health of all surrounding neighbors. In addition to my personal concerns, I worry about the future of this unusual parcel of iand, one of me few interdunai swaies in the state. i appiaud the ehorts of neighbors to preserve the environment of"the circle" and its vegetation and wildlife. Tons of dirt that would be used to fill in the wetlands in order to snake it buildable would necessarily change the soil composition, drainage patterns, and the flora and fauna it supports. If trucks are dumping dirt next to the wild cranberry bog. I predict that there is little Journal of Coastal Conservation on the negative effects of dune stabilization sent by my daughter, a graduate student in geology. I have highlighted a few of the salient points. As soon as one or more natural phenomena are changed (the bog or the contours of the sandy dunes), we are aware that the environmental impact is far- reaching and often irreversible. For that reason, my family has contributed to the Peconic Land Trust to save the Great Pond Wetlands. As a teacher in a single income household, it took me months to put together a modest contribution while also paying college tuition. However, my children have also contributed from their part-time earnings, looking toward the future and knowing the importance of preserving the environment for their children. From my grandmother's enjoyment of our simple cottage to my grandchildren's playing in the sand, that is five generations who care deeply about the future of the Great Pond Wetlands in Southold. over the years. I have seen families who have walked around the circle together after dinner appreciate simple pleasures on a small scale, as simple as watching a toad disappear into the reeds or anticipating the unfolding bloom of a rose-pink marsh mallow. We take pride and pleasure in the fact this is the best place in the world to watch rabbits scurry across the bog or gulls hunker down in formation as a storm approaches. Please feel free to contact me if You have any specific questions about my well, the Mazzanobile land or the ecological history of the neighborhood. I would also appreciate receiving a copy of the minutes of the January 19, 2005 'trustees Meeting, as well as minutes of any other meetings at which the Mazzanobile request is discussed. A SASE is provided for your convenience. Thank you very much for keeping me informed. I trust that you will consider the health and environmental issues carefully. I urge you to deny a permit to build on this wetland. Sincerely yours. Virginia McNally Tango Mailing address: PO Box 374 Bedford, IL4 01"30 Home Phone: 17811 _75-0588 Arline Richter Kenneth E. Richter I D h t PO Box 449 Southold,NY 11971 January 28, 2005 Southold Town Board of Trustees Southold Town Trustees PO Box 1179 53095 Main Road Southold,NY 11971 Re: Mazzanobile Application Lake Drive, Southold NY Dear Trustees, As residents and property owners on Lake Drive, Southold, we take this opportunity to express our strong opposition to your approving the building permit and variance request of Mr. Mazzinoble for property at the west end of Lake Drive, Southold. As you are well aware, this property is subject to frequent flooding during times of high rainfall. The ground water table in the area is hardly below the surface in dry times. Any septic tank installation in this area has to negatively affect ground water, notably neighboring wells and Great Pond itself. We believe this property should be preserved in its natural state. In order to accomplish this, we and other residents of the area are working with the Peconic Land Trust to purchase this property and preserve it in its current state. To help make this happen, we have pledged funds to the Land Trust, even though we are retired and living on fixed incomes. We also believe this property should be preserved due to its unique properties, which include a naturally occurring cranberry bog and a globally rare ecosystem with important plant species. Sincerely,c�� Arline Richter Kenneth E. Richter MAZZ0105 5 Pickwick Drive Rochester, NY 14618 November 16, 2004 Suffolk County Department of Health Services Division of Environmental Quality Mimi Fo picog Board of Review wal pi°uTIoS ATT: Stephen A. Costa, P.E. —Chairman 220 Rabro Drive SON b Z Ndf Hauppauge, NY 11788 O 5577 n 5� 5� RE: REF # R10-02-0097 Dear Mr. Costa, I oppose the granting of a Health Department Permit for the installation of a septic system at the Manzanobile property in the Great Pond Wetlands [SCTP# 59-1-21.6 & 21.7]. The installation of a septic system in such an ecologically sensitive area may potentally result in significant negative impacts to downgradient groundwater quality and the surrounding vegetation and wildlife. The regional direction of groundwater flow in the Upper Glacial Aquifer in the Kenney's Beach area is westward toward the shoreline of Long Island Sound. However, the presence of both Great Pond to the east and the wetland to the west may have significant local effects on the direction of flow at the subject parcel. Water is present at the ground surface during a significant portion of the year in the wetland west of the subject parcel. It may be present due to a perched condition or it may be the water table intersecting the ground surface. The presence of the surface water at various times of the year causes localized variations in groundwater flow direction and velocities. These variations will affect the rates of migration of inorganic and organic contaminants introduced into the system. Under certain conditions this may potentially result in a greater concentration of septic system contaminants detected in downgradient groundwater than typically expected in sandy soils. In considering the application for a septic system permit in such an hydrogeologically complex area, the Health Department needs to adequately define the specific groundwater flow conditions in the Kenney's Beach area to determine the potential for groundwater contamination of nearby downgradient residential wells. Similar factors affecting groundwater flow away from the proposed septic system may result in the migration of inorganic and organic contaminants into the adjacent wetland which could cause changes to the ecosystem. The wetland is currently being proposed for protection as a Significant Habitat by the Kenney's Beach Civic Association. In a recent report written by Eric Lamont, PhD. (hired by the Kenney's Beach Civic Association) and completed in August, the 10 acres of wetland in the Kenney's Beach area were characterized as a globally rare ecosystem. In the event that all of the available lots on the west side of Lake Drive are developed the impact on the wetland could be increased many times over. Due to the presence of a locally complex groundwater flow system and an ecologically significant wetland in the Kenney's Beach area, it is important to make a site specific evaluation of potential impacts of development on the subject parcel and not merely rely on Health Department standards and guidelines for new residential septic systems. Development of the Manzanobile property and others along the west side of Lake Drive present at least one other potential source of contamination for the area groundwater and wetland. Recently, several neighbors have begun to grow grass on their property in the dunes. Due to the proximity of the subject parcel to the wetland, potential significant impacts to the wetland from infiltration of lawn chemicals, top soil and mulch from this practice need also be considered. On a more general note, I have been summering in Southold since 1966 and can attest to the fact that the Kenney's Beach area has been an enchanting and beautiful place since I was first introduced to it as a child. Roger Tory Peterson came and painted the birds and foliage facing the Sound from atop "Big Hill" (west of Lake Drive between West Drive and Lake Court). Over the years we have seen pheasant, red fox, guinea fowl, deer, rabbits and several different kinds of snakes. At the end of the summer and into fall the area is alive with migrating birds. As a child I harvested cranberries from the cranberry bog on Lake Drive and from plants on my own property. With the exception of two houses on West Drive and two houses on Kenney's Road, west of Dogwood Lane, development in the wetland has been nonexistent. With every encroachment through human development on the wetland come changes to the habitat. These changes are not reversible. They are additive. In the event that a septic permit is granted for the one parcel currently under consideration, other people considering development west of Lake Drive will be encouraged to move forward with their plans to build homes as well. In considering granting this permit the Suffolk County Health Department needs to evaluate the potential negative impacts to the Kenney's Beach Area wetland and the local groundwater quality from development of all of the available parcels on Lake Drive, for if one piece is developed they all will be developed in due time. Thank you for your consideration in this matter. For your records I own the house and property at 1795 Leeton Drive, Southold, NY. Yours truly, Caroline Paul Yates cc: George Brown, SCDHS- Riverhead Charles Luyster, Pres. Kenney's Beach Civic Assoc. 11 Austin Lane Huntington, NY 11743 January 22, 2005 Board of Trustees D C E Town Hall Main Street JAN 2 2005 L Z)� Southold, NY 11971 Southold Town Board of Trustees Dear Board of Trustees, On your January 19, 2005 meeting the subject of the Mazzanobile permit application was discussed at length. I am sorry I was unable to attend that evening, but I would like to add my comments at this time. I am the President of the Kenney's Beach Civic Association and have been very active in the planning of our desire to preserve the remaining parcels of land in the area north of Lake Drive. Our fund-raising efforts with the local community have been very successful and many people out of the immediate area have also contributed to show their support. My home is on Leeton Drive and for over 50 years I have had the opportunity to talk to people walking or riding their bicycles around the "loop" which surrounds this environmentally rare section of the Town of Southold. Many people are from the area, but many from out of the area come to see the beautiful sunsets and enjoy the refreshing sea breezes. If a home is built on the lots in question it will set a precedent and in time the land, which is predominantly wetlands, will be jammed full with new homes. The Town of Southold and Suffolk County both are making great strides in land preservation. Here is an opportunity for the local population to get involved and work with the Town and County to preserve land for future generations. Our Civic Association represents over 90 families in the area. I believe I am speaking for most of them. S' c rely, Charles Luyster Tetrault, Heather From: Lillian Ball [ballstudio@thing.netj Sent: Wednesday, January 26, 2005 10:58 AM To: Tetrault, Heather Subject: a adresses Dear Heather, I 've encouraged our members to write the trustees about their concerns but I feel it might be good for me to write something too. Do you think it would be appropriate for me to email the trustees individually? I would like to thank Peggy and Ken and perhaps give some new info I forgot to mention at the hearing. Don't think I mentioned our grant application for aquisition administrative funds to the Long Island Sound Futures fund. I want them to know all the things we are doing to make the preservation happen. Also, I know making a report is a lot more work for you, so I hope it is going well and we really appreciate your efforts to help save the whole interdunal swale. You have also seen those Chinese parcels and know how difficult it would be to build there. Let me know if you're coming to look again, I 'll give you a cup of tea to warm up. Do you think we really have a chance? The last meeting was so encouraging, but I don't dare get my hopes up. Best, Lillian Lillian Ball - chair, Great Pond Wetland Preservation Committee Kenney's Beach Civic Association 2045 Lake Drive, PO Box #861 Southold, NY 11971 631-765-3495 cell 917-453-5040 ballstudio@thing.net 1 11/15/04 Field Inspection • • S . ` - a? SuffolkWeb's WWW Email Gateway Main I Mail I Contacts I Preferences I Help [Mail] Loo out Folders: Reply I Reply to all I Forward I Print View I Delete I Move INBOX Recompose I New message I Back to "INBOX" [1] [2 of 21] [3] Date:Wednesday, January 26 2005 10:54 pm From:Scott Shumway <sshum_ way@wheatonma.edu> J To:htetraul@suffol_k.lib.ny.us Reply-To:Scott Shumway <sshumway@wheatonma.edu> Subject:Re: swale protection Full Headers:Display Headers In MA interdunal swales would receive double protection under the state Wetlands Protection Act. First of all, they protected as freshwater wetlands. Second, the original authors of the Act recognized the value of coastal sand dunes and gave them protection as well. To develope these areas in any manner would be absurd. They support freshwater wetland plants. Most of these plants are common wetland species, but some are state listed rare or watch list species. You might look to see if they support any rare species of orchids. I don' t know the status of these species in NY, but Calopogon, Pogonia, and Spiranthes are possible (note that you will not see these unless you look at the time of year when they flower) . Some of my swales have Plymouth Gentian, but that is probably an extremely rare occurrence. Our state Natural Heritage program has issued a publication in which interdunal swales are Isited as priority habitats for conservation. My study site is also an Area of Critical Environmental Concern and receives additional protection as a result. The water table is going to be located only a few CENTIMETERS from the surface and in the springtime the areas will be completely inundated with water as deep as a half meter. (How can you possibly site a septic system in an area like this? The hydrology changes seasonally, even daily, and no study should be accepted that does not carry out 12 month monitoring and recognize interannual variation) . These areas also qualify as vernal pools which receive special protection in the state of MA. Vernal pools also receive some federal protection. The NY expert on vernal pools and the amphibians that breed there (fowlers toads, american toads, spadefoot toads [rare] , and possibly mole salamanders) is Michael Klemmons (sp?) . The pools (swales) and the surrounding upland should be protected in order to preserve these species. Driveways and roads are a major source of mortality for amphibians migrating to and from the breeding pools. Do not buy into any reports from consultants who report not observing any of these uncommon plants or vernal pool amphibians. If you do not look at the RIGHT time of year, you will not see any of them. A habitat study including a botanical inventory and amphibian inventory should be conducted by trained biologists (and probably not by the same person) . Local wells will likely contribute the drying up of these habitats, adversely impacting all plants and animals that depend upon them. 11/15/04 Field Inspection • 0 Disturbance of swales and the surrounding dunes will often lead to invasion by Phragmites and Purple Loosestrife. Nutrient enrichment from runoff from lawns and septic systems greatly accellerate invasion by these species. once the invasion begins, it is nearly impossible to prevent the habitat from becoming a monoculture. Some work has been done on the interdunal swales of Fire Island back in the 1970s. For the definitive work on vernal pool ecology and conservation, see the new book by Elizabeth (Betsy) Colburn. A google search on Colburn and vernal pool will take you to the publisher' s website where you can order a copy. Good luck. Quoting "Heather C. " <htetraul@suffolk.lib.ny.us>: > Dear Dr. Shumway, > I got your email address off of your internet page. > I am the Environmental Technician for the Town of Southold, on eastern Long > Island, New York. I am interested in the research that you have done in the > interdunal swale areas on Cape Cod, which would be similar to Long Island. > There is an interdunal swale located between Long Island Sound and Great Pond > in > Southold, about 11 acres . The land is currently subdivided into one acre > parcels > and some are under consideration for development (single family homes) . our > department is working with a neighborhood group to try to preserve the area, > but > we may have to give permits for some building. We are looking for any > imformation > on how the species will be affected by homes, septic systems, driveways . > If you have any information or contacts on how these areas have been > preserved on > Cape Cod I would appreciate it. Thank you. > Work email address is htetrault@town.southold.ny.us > Heather Tetrault Scott Shumway Professor of Biology Department of Biology Wheaton College Norton, MA 02766 You have 1 new messages in INBOX I am htetraul@suffolk.Iib.ny.us This isTWIG 2.7.7a Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 January 11, 2005 President D E C E I f ES Board of Town Trustees Town of Southold Post Office Box H79 JAN 1 20U, Southold, New York 11971 SOVtilold sown Re: Gregory Mazzanobile; SCTM #1000-59-1-21.6& 21.7 Bnn�d o1 rrnffiees Dear Sir: Enclosed, for your file on this project, are copies of the findings of the Suffolk County Department of Health Services Board of Review, which approve the project, and of the permit issued by the SCDHS subsequent to that approval. Si rely, Ja es E. Fitzgera r. Enclosures: Letter, Board of Review, dated 12/8/04 Permit, SCDHS, dated 1/6/05 a subsidiary of THE PECONIC EASTERN CORPORATION vs'r yY�vVv.�/f OF .Si _._..;^- 73 2• f'Y ''Y +4 .:- __.. ..-.-< - c...,,,e_, t�.�s,� �-:...3:�i..$.2:':...�t ._ �:�4:_^.i x.`.._a ROMMJ. GAMEY SCfAJlFli DEPARTMENT OF HEAL?H SERVICES -:MAW B. BRAOLLi,:M.D.,-M.P.H. OMCE OF WhatE MM MAMAG MENr CoMMMsK*M .- ?4, The aftdted plan,when drily signed by a of the muds a a water eq3ply and/or coffin system for*4 p xv", s depieied. the appacant ehonld taiss nto of any condMawofapprreal,whichmaybe dontheplanarandamedberein. with apl� slandards S forof Plans and CAMbiwevetior Systemsfor Fam +Rsdda►aaa"and"S danialn�dPtad esfarPeivaleWSW r errors or lack of de As on the plan does not r"m the app fixa n the bear the won done in canfcrmat%M WM SPPBC"smndstde The Permit(plan) mires three (3) yeas after to approval date. Any moditiadons whidn may affect the proposed sewage disposal or w{tom'sufflysystownippdnis st6wissios�of a_revised VIM and` ices (if appliable), for rai Wvd prior to em ftcdm the permits may be rawwed, amnifed, tra:sRimw or revised in accordance with aw procedwas dwc*ed in Dwellla r"(Farm W cents fw Appnwai of Sewsp Disposal and Water Supply Fad far Family It is the""Canes Mapoos&ility to cell the departarant at W2-2W in adwaos,to a�ranee of the sewage dfap d and/or water supply fades prig to badaBili* The i d the sewage cGIlwdM=ddbpasaisystems,wataranppiysysNmcompnneninandpiping,and#>a ctithe appravedpiam incnrI i ases,inwas+oMasaffewavatlataarybarage sdb ids ity of Owsads#nrsewapdspoeaiaystems.MwDeputmentmetbenlesaf ho l#a ttrs�Cl�edale an wapacdon mid excavatim*wpft-&*m wMabLcoaftmabyc& w #&t-2M#*Wji*wAA(.fewWomft of am bwpfttfm FINAL APPROVAL ISSUED BY THE DEPARTMENT•IS -NBCBSSARY PRIt1$ TO THE OCCUPANcYOPNEwBuiLDmGs,ADDMONSTOEXLqMGBUILDDiGS,,ORPMTHE USE OF SEWAGE DISPOSAL OR WATER SUPPLY SYSTEMS. - -. W WM-058 (Rev.9/99) PAGE l OF 2 AAONS ARE 11p!>1pE1n TO NALY.D.. IRn SURVEY OF E �ATIDNR Ar ENaN RTH J� Q LOTS 6 & 7 ETaTRn conau IW10 .RE aeDrN TNIe._ EowWEL uu ulE yNmt ° �•�• z THE I ONMAIMM ar Wn,M AND amOas „----@��Finn •�. _ SUBDIVISION MAP FOR 3. ETOOE•7O1E �"m TA i11�OPN� onHDe. ILL .A CONSTANTINE P. GEORGIOPOULOS �' F- - CL000 aiRnI RATE MN MAT. 3R/03a015e G 0 s FILE No. 78" FILED JANUARY 29, 194S ZONE A: BARE H OOOD IDAVIa6 IDERNmED 'y`l•9 Ty♦ �.��-,,rr'.I 11; tir '� :; 2DNE x A`RA6 OF sw-YNR T1aan Amsms a 1a0-YFAt RDao WITH AYDMGE 'h ^Y' " SITUATED AT omN OP IE�Mw 1 roor a WIM Dr.eraE NNAS TES TIYN 9RMN NIE: A0 AEIS AX ECND w E.� F GN IGo �N aoo *ao, y _ SOUTHOLD zaE x: AREAS DETOURTANK CAm TD 5 OR A sM A S F1noOPIAO � 1�'�I S� -q I ' �� L 2 TO`JN OF SOUTHOLD •. ISRNIIN SUFFIX RANI TAWa6's Fart A H ro a 6--r Ilax �`Pa� �^ SUFFGLK COUNTY, NEW YORK n 1,oOD eAuaNs, t rANX: s' LONG. r-s• 1eDL r-r DOD ` o�, s 6 lldSOD IFACIIR1a SYSTEWAAIlLH FORA 1 O 4 II- DOOM HOUSE d') J)IIE S.C. TAX No. 1000-59-01-21.6 6 SOD m N. SIDcrue ARu s POOLS; 2• DOD. s• m.. ��,-n INXIPO¢m txPrlNOI, POSa ♦ .`' JWC7v 1000-59-01-21.7 ®^pe'0gD I '•'E ra•a `� AL TEST HOLE DATA SCALE 1"=50' ®PROPOSED sErrc TANe .� ` frEST HaLu aRc e,'lkmexlC- oN rEaNuvry m 2mz1 MARCH 28, 2DO2 e. FROM ANAFELr 1,ss ra. NA. OF CI(µ FILL TRUCKED RI ��, S.C. TAX No. 1000-59-01-21.6 AUJULY GUST tJ. 2002 REVISED 91E PlNI ERDN AN UPIAIq SOURCE SH1AE fE NEEDED FOR THE PRorogD NO'vAUGUSMBER {, 2002 REVISED PROPOSED POOL svTla srslol. �'1 9 JYK AL ALLOT s I ,9 b ,`b�' wY[Wax nN JUNE 6, 2003 REVISED PROPOSED SANITARY SYSTEM JiLs i ,�� ro.RDer y^,o:o AUGUST 7. 2003 LOCATED MFTIMAS ^� �11 \TL• AsFAORFD Tax AEnR (/l.5 OCTOBER 3. 2003 REVISED PROPOSED SANITARY SYSTEM ?� � ti� .' \�� ' ^ 2 "` '\ ��O zr OCTOBER 12, 2003GADDED ADDITIONAL NOTES TE ADDITIONAL WETLANO FLAGS (S, `< / , '2T� ;.. s�r. '�• - -,r/. '7� 20 6s.. 0 STREET 2 �REDEED yEJANAJR 1 . 2004 �NS SEPTIC SYSTEM TO LOCATION DAEDAUGkJST 13. 20D2 ♦ - `� 7 /\• q - - .y.,l _ $Y••' IMr t3 2004 REVSED PROPOSED HOUSE ^, /� \` L� q RomaAr OFn T �' B7oJ h \ , JUNE 23. 2a04 004 REV PROPOSED SEPTIC SYSTEM i WATERAnoy TINE 1P E�,,�._ L/ G DULY ]. ZOW REVISED PROP SEPTIC SYSTEM LOGPON .23 t4 OM„4A ✓ ^C h0,' 0 / ?+i eA7a r AME e,ow,rr[ _ �i .•aJGJG••�'tt'y h' J�p ro'E°"N 9 AREA - 80,134.86 sq. H. Y1.840 CO. • .b SEPTIC SYSTEM & � •'ter ,� Fv _ ,�"F / x v '('�� `� cJ3 A L � .� � �� '� � f 2H' i.�y��TI6`rr".��• :� � R N BY. it AL � 11IJS// / '/ � -`t `�1/3 r STAINING )TALL DESK •` OF,SHAD By Z'yn kk ; I/ /. s A S ♦re 1725JOSE H BAITFISCH ROTI,AD PE APPROVE N ACCORDANCE WI 8 RD Of °��2r � v"0', / 1725 HOBART ROAD REVIE ETERMINATIONYD D I �' F '° /( 631SOU-765- 5 119n > � 1 ' 4g, J„ / i '•�;f ^ Q0-9 �r`ate 631-765-2954 n 3h r LA••lt��iklt l- za. �"�3��0�2cti' `tr� S�� / ~oQ•-:ov t111LT'� �`lL7i �� `��_f f` °A T9.G4T„•1Jp / ` L.i 7s• 1 {� 10.�� _r{c�llcl�Y'llot �.al�k9�. T N(. 1000-59 o r�yiYLal• 0' �C I ;I I �3( ^- ,2 (�. ��'�r� 'j� , I w 9 s a. - PROPOSED SEPTIC SYSTEM DETAIL O �'I THE I`YS FRESHWATER ��;••� �' •DUA4ypApr a ��- , HUB . A ` ON THi E'SURVC1p SURVEY PMHUAKD •Y ' "�'- �JO s 6`~t�t�Rv nEv.v l' FwED waC (N(Ir ro sLYn FUSM ara: Q•�-'•� RNEallo�E�r REvem a or-os 4WD As �,� • a `q� ' nay.9.1' D�EUNURL APPROXINAT�ir 1a-t° F1Ms \\ - 'r - -/• ^\' +1�4� zf +1 _ , QtrU ,- NN TOP 0- 71 --! IRK COIINTT DEPARTUCNT D1g�1�L IsR1j�E� _ ¢ ¢ aunt / �A wv 72 MTKgm/°sF T. r,in mw ,/e•/,' N- . w APPROVAL Or CONBT1141CTI0 OR A d4} a es PLtMIT FOR AFRPRD 1 ,41IT E SINGLE FAFdILY RfiSIDENCE 0!1ilAY `.� ?i Sow � /y/ ' / �n"\ 03 = P I6A POE ar - / IIOP.EE♦a' oeoXo rNWrt e • . /�/: ,,� � 3 POOL a ssrtN tuv. +e F\10 ` O�- -OOL� o•y10 I- � kx,"'�`Oyo � 'ham SEPTIC TANK (1) / i O •.11 , wTE� L ,/ ("�` rrr Ev,�7r w.Olea rm A, m.ENIm,m,s¢ +.mo wan LEACHINGLEACHINGPOOLS Aj (5) t` �O � � Y t t/N[r IaN9..-T rDE e'-T 0� ,.I�eN•GOw.svn[Y wa. , m♦Ee,00,,oea¢]oo y¢smr.wu ,I,. VV"J < x mxonc W«u,w[.w.r mwm.{¢noelm Ir woo r o s¢u1 s Hms r em.r r. T Q - Q4 V� / >,e9L 1,e006 PYIL E I.1eM11N S r.1 lIP Reoaes C!r IIi.eo11P1 1„GY6 O.• 1 If/OK WN! AR m M W 6¢e4lm a MQMH 1fN/p®DOQ7E(w FOM\7 FuR MA]IIMUM of aED V•ic ♦ ,J'Ao �' \.e u+u¢ ew o9 E v w T F T N waoN m,F w sna a�a xo r _ ♦.ILL A1ER 9WL E SFNm Yl TMT TE iMN¢Wr1M,1. 1IAOri lwFReR AD oM10 MOM NAei g \ 1 M 90TC OM(9WL eC MWHID A,t9[L N ML E6relrN(bIN 1 YV.7gaPlfl a .,/♦I ♦ O�inM�PIpE sl l IFIOK V0o1¢NO E Y(9M1 E YYRM® OVAL j( \ rM ®a mMe®svo n u 9 wu EXPIRES THREE YEARS FROM DATE OF A� `","�. INSTANCE [lY(D,NOD` Ar MD erE Pw `Wrra ¢� r O6r a E� M E"O" m s""E"K yr swu E 9AR Wro �1: YAIR evG 1 fa TO THIS H AIF3NTKr aR AIXXId ^ •\ yy/ ,�' ' Q .e 9E TX* SUos 6 A W ERVOI Oi C( NaPMEn r.cCpmYa ixe wur EDwXTI 7209 OF THE HER raRlt STATE + sLVpNDS MR AS FS WHIKAJ mrwTXr LAY. �gAYd• NG? �I ♦ ` �. � .� o y vxTE k� Joseph A. ingegno ro eE•w0 7INRE n h 4 D 1 oaT�i'o THE INDICATED E�. ��'� � `� �°� Land Surveyor n PHIET•MlD.AID ON RE 'TIRE CD10W/.N� ICY ANDLENDI TO THE AN 1 0 005 R .I Q Nv Snwye - Sr60Aisora - 4b Pbm - CFVWO tior, Lwouf Mara EbWrM•wTIDIaS , •�`� /�.y Y rV4r THE EXn1010E w R1 OF Ara �s�•s �+' / 34� PHONE (631)727-2090 Fax (631)727-1727 AND/OR EA3EMEAIS px o ANY. NOT SHOWN NOT O "CAT GDAnANrEEDSouthold Town r, , ' Er,G�„ aFFTccs LarA7m AT 'Suit "oaEss Board of Trustees ` `ULANS N.Y.S. Lit. Ho. 49666 322 RONNONE AVENUE P.O. Box 1931 RIVERHEi D. Ne♦ York 1190t R,varAsoO. NPM York 11901-0965 • COUNTY OF SUFFOLK • STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH $E cros M.P.H. PI N�1O1 December 8, 2004 JAN 25 Mr. James E. Fitzgerald, Jr. i . Proper-T Permit Services Soutaid Town P.O. Box 617 Board of Trustees Cutchogue, NY 11935-0617 Subject: Board of Review Hearing—November 18, 2004 R10-02-0097 — residence for Mazzanobile, n/w/s Lake Drive, 278 ft. s/w/o Kenny's Road, Southold—t/o Southold— SCTM: 1000 05900 0100 021006 Dear Mr. Fitzgerald: Enclosed is a copy of the findings, recommendations and determination of the Board of Review concerning the subject application. Based on the information submitted, the Board granted the request for variance/waiver with the provisions indicated in the determination. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessary delay. Very truly yours, nn . 1.�'.. tephe A. Costa, Plam.E., Chief Engineer Chairman, Board of Review Enclosure C: Board of Review File—Riverhead Mr. George Brown—Reviewer Mr. Andrew Freleng—Planning Department Ms. Lauretta Fischer—Planning Department Mr. Gregory Mazzanobile Ms. Valerie Scopaz—Town of Southold Distribution List 00IVI510N OF ENVIRONMENTAL OUALR 4 BOARD OF RENEW. 220 RABRO DRNE EAST♦ HAUPPAUGE W 1 1 766 PHONE 1631)853-3086 Fu(631)853-3075 SUFFOAOUNTY DEPARTMENT OF HEALOSERVICES DIVISION OF ENVIRONMENTAL QUALITY BOARD OF REVIEW ARTICLE 29 SECTION 2209 SUFFOLK COUNTY SANITARY CODE To: Brian L. Harper, M.D., M.P.H., Commissioner From: Stephen A. Costa, P.E., Chairman, Board of Review Subject: Findings and Recommendations of the Review Board Regarding: R10-02-0097—residence for Mazzanobile, n/w/s Lake Drive, 278 ft. s/w/o Kenny's Road, Southold—t/o Southold—SCTM: 1000 05900 0100 021006 Hearing Date: November 18, 2004 Statement of Problem Construction standards require that the distance between sanitary systems and shallow private wells be at least 150 feet. The applicant is proposing installing the sanitary system less than 150 feet from a private well. Findings and Facts 1. The applicant is proposing to construct a single-family residence using an on-site sewage disposal system and connecting to public water. 2. The project is located in Groundwater Management Zone 4. 3. Soil conditions are good with clean sand at surface and below. 4. Depth to groundwater is 4 feet. 5. The parcel is made up of lots 6 and 7 on the map of Georgiopoulos, approved by the department on April 3, 1984 and filed in the office of the Suffolk County Clerk. 6. The applicant is restricted in where he may propose the sewage disposal system because of large areas of wetlands on and surrounding the lot. The applicant has received a town wetlands permit to construct dated September 25, 2002 and a state wetlands permit issued by New York State Department of Environmental Conservation (NYSDEC) on July 27, 2004. 7. Public water is available to the lot supplied by Suffolk County Water Authority (SCWA). The applicant will connect to public water. 8. The proposed sewage disposal system consists of a 1,000 gallon septic tank and five 2-foot shallow leaching rings with area for expansion as required by the department's construction standards. 9. Due to the wetland boundaries as marked by the NYSDEC and the Southold Trustees, the placement of the applicant's sewage disposal system is restricted to Brian L. Harper, M.A.P.H., Commissioner • Hearing Date: November 18, 2004 Subject: Findings and Recommendations of the Review Board :Re ardin J g Regarding: R10-02-0097 —residence for Mazzanobile, n/w/s Lake Drive, 278 ft. s/w/o Kenny's Road, Southold—t/o Southold—SCTM: 1000 05900 0100 021006 the center of the lot along Lake Drive. Two existing dwellings to the east and northeast are using on-site drinking water wells instead of the available public water supply. The total depth of the wells is unknown and no well depth information has been submitted, but, for purposes of this hearing, it is being assumed that they may be shallow, thus requiring a 150-foot separation distance from the proposed sewage disposal system rather than 100 feet. 10. The separation distance between the applicant's proposed location for the leaching pools and the well on the lot to the east (Manolokos) is 71 feet. The separation distance to the closest point on the lot to the northeast (Tang-McNally) is approximately 104 feet. The actual location of the Tang-McNally well was not provided,but is presumed to be within 150 feet of the proposed disposal system. 11. An offer to connect to public water for both the Tang-McNally property and the Manalokos property was made on May 2, 2003. This offer was to pay for all costs to make the connection to public water. The offers have not been accepted. 12. According to the applicant's engineer, the direction of groundwater flow is to the northwest, toward the Long Island Sound and away from the neighboring wells. The assumed direction was verified by consultation with the department's hydrogeologist. 13. Several neighbors forwarded letters to the Board and/or made presentations at the hearing, including representatives of the Kenney's Beach Civic Association. All were in opposition to construction of any buildings at the subject location. Almost all of the commentary referred to construction in an ecologically sensitive area and preservation of wetlands. One letter from Ms. Tang concerned protection of her well from the threat of sewage floating to the surface or not dispersing properly underground. Determination It was a 3 to 0 determination of the Board to grant the request for the variance to construct the sewage disposal system at the proposed location as depicted on the plan prepared by Joseph Ingegno dated March 28, 2002 last revised on July 7, 2004, provided the applicant agrees to maintain the offer to connect both the Manolokos and Tang- McNally dwellings to the public water supply without cost to the homeowner. The offer to connect to public water shall be held open until the department issues final approval for the subject project. The applicant possesses valid wetlands permits from two agencies having jurisdiction over protection of wetlands. The direction of groundwater flow is away from the nearby wells and a regulated source of drinking water is available. Brian L. Harper, M.134,k.P.H., Commissioner 40 Hearing Date: November 18, 2004 * Subject: Findings and Recommendations of the Review Board Regarding: R10-02-0097 —residence for Mazzanobile, n/w/s Lake Drive, 278 ft. s/w/o Kenny's Road, Southold—t/o Southold—SCTM: 1000 05900 0100 021006 As per §760-609 of the Suffolk County Sanitary Code (Sanitary Code), the approval of the variance is in harmony with the general purpose and intent of the Sanitary Code to protect groundwater and drinking water supplies, surface water and other natural resources, and public health, safety and welfare. In compliance with §760-609(1)(a), the proposed variance is in general conformity with the Sanitary Code. The uses of groundwater, surface water, and drinking water supplies will not be impaired, taking into account the direction of groundwater flow and, as such the granting of the variance is in compliance with §760-609(1)(b). -81 December 8, 2004 Steplkn A. Costa, P.E. Chairman—Board of Review N nnn off= - 9 VON o y c � ! 1� , } . , .. J.' t�� .� �� '.� � .�. • ; �k+ �� i S� • �,, . �, .� -. _ _ _ .., ,.� r. ^ • . _ _1 � ,.. _ \_' . , � . , • . ` Dec 17 04 10: 38a Prffr-T Permit Services 631)7463 P. 1 Proper- 'Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 FAX MEMO DATE: December 17,2004 TO: Lauren—Trustees' Office FROM: Jim Fitzgerald SUBJECT: Gregory Mazzanobile; SCTM#1000-59-1-21.6 & 21.7 Please postpone the scheduled hearing on this project until the January 2005 meeting. Thanks. Pages attached: None COUNTY OF SUFFOLK M ✓� � Pl_ i ,� GCOPY STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES BROW L. HARPER, M.D., M.P.H. COMMISSIONER December 8, 2004 Mr. James E. Fitzgerald, Jr. Proper-T Permit Services P.O. Box 617 Cutchogue,NY 11935-0617 Subject: Board of Review Hearing—November 18, 2004 R10-02-0097 — residence for Mazzanobile, n/w/s Lake Drive, 278 ft. s/w/o Kenny's Road, Southold—t/o Southold— SCTM: 1000 05900 0100 021006 Dear Mr. Fitzgerald: Enclosed is a copy of the findings, recommendations and determination of the Board of Review concerning the subject application. Based on the information submitted, the Boarr! granted the request for variance/waiver with the provisions indicated in the determination. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessary delay. Very truly yours, E C E � W EDO tephe A. Costa, P.E., Chief Engineer --� Chairman, Board of Review P ' DEC 2 7 2004 Enclosure SL�.dhold Town C: Board of Review File—Riverhead Mr. George Brown—Reviewer Mr. Andrew Freleng--Planning Department Ms. Lauretta Fischer—Planning Department Mr. Gregory Mazzanobile Ms. Valerie Scopaz—Town of Southold Distribution List ♦DMSION OF ENVIRONMENTAL OUALR ♦ BOARD OF REVIEW ♦ 220 RABRO DRN EAST HAUPPAUGE NT I 1 758 PHONE(631)853-3086 FA (631)853-3075 I SUFFOLK4OUNTY DEPARTMENT OF HEALTH JERVICES DIVISION OF ENVIRONMENTAL QUALITY BOARD OF REVIEW ARTICLE 29 SECTION 2209 SUFFOLK COUNTY SANITARY CODE To: Brian L. Harper, M.D., M.P.H., Commissioner From: Stephen A. Costa,P.E., Chairman, Board of Review Subject: Findings and Recommendations of the Review Board Regarding: R10-02-0097—residence for Mazzanobile, n/w/s Lake Drive, 278 ft. s/w/o Kenny's Road, Southold—t/o Southold—SCTM: 1000 05900 0100 021006 Hearing Date: November 18, 2004 Statement of Problem Construction standards require that the distance between sanitary systems and shallow private wells be at least 150 feet. The applicant is proposing installing the sanitary system less than 150 feet from a private well. Findings and Facts 1. The applicant is proposing to construct a single-family residence using an on-site sewage disposal system and connecting to public water. 2. The project is located in Groundwater Management Zone 4. 3. Soil conditions are good with clean sand at surface and below. 4. Depth to groundwater is 4 feet. 5. The parcel is made up of lots 6 and 7 on the map of Georgiopoulos, approved by the department on April 3, 1984 and filed in the office of the Suffolk County Clerk. 6. The applicant is restricted in where he may propose the sewage disposal system because of large areas of wetlands on and surrounding the lot. The applicant has received a town wetlands permit to construct dated September 25, 2002 and a state wetlands permit issued by New York State Department of Environmental Conservation (NYSDEC) on July 27, 2004. 7. Public water is available to the lot supplied by Suffolk County Water Authority (SCWA). The applicant will connect to public water. 8. The proposed sewage disposal system consists of a 1,000 gallon septic tank and five 2-foot shallow leaching rings with area for expansion as required by the department's construction standards. 9. Due to the wetland boundaries as marked by the NYSDEC and the Southold Trustees, the placement of the applicant's sewage disposal system is restricted to Brian L. Harper, M.D., M.P.H., Commissioner • Hearing Date: November 18, 2004 Subject: Findings and Recommendations of the Review Board Regarding: R10-02-0097 —residence for Mazzanobile n/w/s Lake Drive 278 ft. s/w/o Kenny's Road, Southold—t/o Southold—SCTM: 1000 05900 0100 021006 the center of the lot along Lake Drive. Two existing dwellings to the east and northeast are using on-site drinking water wells instead of the available public water supply. The total depth of the wells is unknown and no well depth information has been submitted, but, for purposes of this hearing, it is being assumed that they may be shallow, thus requiring a 150-foot separation distance from the proposed sewage disposal system rather than 100 feet. 10. The separation distance between the applicants proposed location for the leaching pools and the well on the lot to the east (Manolakos) is 71 feet. The separation distance to the closest point on the lot to the northeast (Tang-McNally) is approximately 104 feet. The actual location of the Tang-McNally well was not provided,but is presumed to be within 150 feet of the proposed disposal system. 11. An offer to connect to public water for both the Tang-McNally property and the Manalokos property was made on May 2, 2003. This offer was to pay for all costs to make the connection to public water. The offers have not been accepted. 12. According to the applicant's engineer, the direction of groundwater flow is to the northwest, toward the Long Island Sound and away from the neighboring wells. The assumed direction was verified by consultation with the department's hydrogeologist. 13. Several neighbors forwarded letters to the Board and/or made presentations at the hearing, including representatives of the Kenney's Beach Civic Association. All were in opposition to construction of any buildings at the subject location. Almost all of the commentary referred to construction in an ecologically sensitive area and preservation of wetlands. One letter from Ms. Tang concerned protection of her well from the threat of sewage floating to the surface or not dispersing properly underground. Determination It was a 3 to 0 determination of the Board to grant the request for the variance to construct the sewage disposal system at the proposed location as depicted on the plan prepared by Joseph Ingegno dated March 28, 2002 last revised on July 7, 2004, provided the applicant agrees to maintain the offer to connect both the Manolakos and Tang- McNally dwellings to the public water supply without cost to the homeowner. The offer to connect to public water shall be held open until the department issues final approval for the subject project. The applicant possesses valid wetlands permits from two agencies having jurisdiction over protection of wetlands. The direction of groundwater flow is away from the nearby wells and a regulated source of drinking water is available. Brian L. Harper, M.D.19P.H., Commissioner • Hearing Date: November 18, 2004 Subject: Findings and Recommendations of the Review Board Regarding: R10-02-0097 —residence for Mazzanobile, n/w/s Lake Drive, 278 ft. s/w/o Kenny's Road, Southold—t/o Southold—SCTM: 1000 05900 0100 021006 As per §760-609 of the Suffolk County Sanitary Code (Sanitary Code), the approval of the variance is in harmony with the general purpose and intent of the Sanitary Code to protect groundwater and drinking water supplies, surface water and other natural resources, and public health, safety and welfare. In compliance with §760-609(1)(a), the proposed variance is in general conformity with the Sanitary Code. The uses of groundwater, surface water, and drinking water supplies will not be impaired, taking into account the direction of groundwater flow and, as such the granting of the variance is in compliance with §760-609(1)(b). December 8, 2004 Steplin A. Costa, P.E. Chairman—Board of Review Quantih ling landscape-ecological succession in a coastal dune si stem using sequential aerial photograph and GIS Shailimiligains S. & Barifisley, N1. Wild lwlgin,,ri,w Aiata i j!),,41nc.5zas 60i,rj2,,,, ji,zirt, Wpa'!"', ol, liall", v,11 a al,a, Sinv:i,torf Park. NA' sPP. Ila", A, L-Oula 17, iIea nvie,,s, swaelsea.a, nk Abstrael. This contribution plesems an Autanial to measlare, introduction the path of habitat and Negetal I JIM succc!iljou in I Couto'n(I one system(KL11fig B arrows. &,"th Walte)using reirlow sensing a ( The I.os, ,y,ct,I I The coastlines of the "orld. ovei 44004)0 km in a d n� I slack oil with the C, nailing stabili/anion of this dune system is a mator cause melt iel,9111, represent 1�otn it ci�nanne natural environment These hi and in frupOlIant vord,st in X�fljjj it diverse ran of concern. habitats support a Lange of plant species, I including the rare feu orchid.fir,cris lo,,cae as well asother harnail achliricLs as'vlcll as t--C11rnl1Ff1b0l0�ZILaI and bill hvdropliviel A decrease intheirarealextent implies reline logical processes, interact \halt from their economic ta,h in To Ill"llad, the",,cull late and spatial ?fld lecleaflco!al llrpor!ance, coastal s;is.iinnre sit, dimension of these Chan I ges, a series of acnaa photographs niticance for the following lea�kdl�: (I I there is often dating from 196. if, 1994 were diLrtuod and wnahsed In Arl Ill"ll dlver&m both I'lodexer,atv and landscape drve,- Therelultantinap%.dransferredtoa SuNr In a cell}' Surat area (') they are active in both V,cto r-Inso I GI S.were used to derive I I M D%It ion matrix for g e.ol"ical and ecoulcupliclogical terms. and, (3) [hey I he d'I R e system oN c r In is period of I I me. I Ir c resu its i all ic ate I t hat there has been 9 marked red net,(,a in the to 1.1 area of ba re offer an. important — quite often unique habillo for eand(196% of the in 19(l, hat cult animals and plants, ihvsng III the increasing pfesloire% 1991)alrd a decline in both theareal extent and the numberof oil coastal areas in the tomi of recreation, pollution and durresimcks Olerthe same period,iftion,, there has been an ninicial extraction. the need for integrated coastal iome increase in la,li, ,11,,,isdomorared habitats,at tineeVens,of management If('Z\I)Is increasing!} ev,denl.()lie of the PIOHer species AnANsis of the habitat maps, together with filaill aims of lC7%1 is to leselNe file issues and conflicts hydrojogicai dam within the CTL5 suggests that even the mre relating to the various pressures outlined aboxe while Ineks bile the potential for further greening and to support considering the I climienients for nature and landscape i"q'i,e species In tcor.,of 11,11aalt niqui-emom, ho%,eeol, couNci,alant there issrill scopeto restore juaril oftilslacksto jfnarorlginal Issues of biodr,crsih and nature conserlmi,)n are stare.It iti estmmittl that at least.241,oftheareauccuptialb% papartiallyk, and moderately el-clared slacks could be whbal pelfiaplmost pronounced ba dune ts fileb r to in rated ca. 20%r of the area occupied he world s coastal land flours and which are especially rich it,species(it plants and animals; Coastal (time Kevorciv: IstiodiversaN, Dune slack f m nine sndajj7 ,,H, systems also other particu -%ste " lit-IN sin table sites to study I he ecololi ical sizir ificance of DymanilLal landscape. Kenfig Burrows: Ilpa,e, the life cycles �cles bull growth form of plants'. This is be- Multuslitcluil [Ina-, cause unlike triato, other terrestrial habitats, they lie qucntly plo,lubc sites that are in a state of succession, thus, the,; combine the special interests of ;I succes sional sequeuceand, because file process of-d tine tiaFria non Is Ofell continuous, they may contain the earliest phase Of succession as a Pell"arre'll feature of the area. These features not out-v make them areas at special ICSCRICh IIaCFL,[ fill have ako led Is, sonic of 111cril I 'K_VaCk clef !lne ke% lo Cc4 Cal C"I'difibliam lll onil be instintatned in coastal dmic s,,sTcni, xv,herc (little mid or I!,cetessiol, c!, t, ,,e in I OHL11 ISIdUch a 1310111CF11 AS CrOSI011 Leads to I lo"of laodixeralr% ^ICCU!dlk, I C,4L WhOlt Alld i f� !Ilo iI1,111 I ''I 111clltl 11A, .'Lfout -i-ppcd and ii the w, 1 two ,,, of filercquimtC w-it, Tylpi C'�.C.1 illi&'!sltmlll'�' 1111, pi"f, cn,)ijal dun, habitat Are And C:1 th ! 1 tJ C ' , h 1� il:t ��y, j t,,!�- c I4 � ;13 k 1c etalion ito:Lc-,aAon therein and, hence to plan And jish %sith o%ef stabilization is IIII;UJILlited 1,z Icl in e ,t I e,ot c lisc,-it,nu In if lot ii Is Pr",Il I l'i I,- e�ci!ot I o I !!!I It I bc! of myQoar t Aant sdeci CS I I grammes. They tan lonn the basis of. and produce the Kenril, isthesnion',,hold of the rare and OCL11111111Z bell spatial dimension III resource Information systems and orchid, LiParis iorAm supporting more than 95% of chan1ge-detection ecimiques Conventional surveying the total British population. This species is the only techniques and m sitg measurements cicirbs have an higher plant occurring. in Britain to he Wed is a priority Important role in producing such m2p,,, but they are speciesin innexIlof the original R'I labi fats and Species little consuming. manpower-intensive and. hence, ex Directive. Itisaiscs listed as requiring protection underthe pensive C particularly in the context of tons fern now- 109"Bern Cotiventionaidjson Schedule8ofifieWiddlitt Loring programmes.Foi thisfeason.attention isincreas- And Countryside Act 1992.Despilothis,itisistillin decline 11121y bcaq Ictersed on the use of airborne and satellite fit Britain.AI Ketilig, are lenoste sensin', data combined with the spatial anai)ti III in""o'd h, r c=ajx.n. phya-inkt;-also ahs and cad capabilities of modem Ceolpapfiiod information i lij?])Op,� r+ucnmoidestloues1992) System (GIS) echnololgy. Hart,,,, et A t19921, (ores- . AVWU)j;hA1cai enaric(Marram grass)in the toiedune ample combined aerial ldlotolpqphy and Cifs to dclis C areas is declining due to compciftion Colo :xli,r plant transition matrices in a studs of the succession of dune species, ve.Letition aructure fesultim,--,trom changes in the tenet Rwnt-c and LimscHa [-[b pie of groundwater in the Amsterdam Waterworks duties. neei species, are now almost lost. Thev oresent ideas as to how These data can he used to arlafys'e spatial patients on the (!tire surface and to �WWUTR WALES- Is1r]Ft si model landscape succeson. Similal-h. Davis et a(. 19 94)p r(,%I d e a if ,I cc o If if f of fit e use of rein of e Iv sensed SWR§EA iniagcs (l atulsal TM data and acliad photographs)and GN fechll,dol* in SW California The anthisis demo list rate how if vee felt based GIS, combined with remotely sensed data, can be used to produce improved landscape ecological maps compared to those encrated usin traditional 11p 1g - mapping and manual cartographic procedures- MM Studi area 11 Had R." The stuadv area examined in this confifloil is the Kerifig Burro%es National ',,Iatuie kism e(Kendfig)in Wales([;I-, I). Kerfil is a renuffam of a much larger sand dune system that once stretched along the coast of south Walestrom the Riveroernote to the Gower Peninsula 11 was established as a Site of Special Scientific Interest (SSS[Iin 1977 and,at WOO ha,lsone of the failestot the sw"SEA s�= 50 National Nature Resettles in Wal" DAY It contains 5-5 Kmftg HNR plant species, of which 551) are native to the (TK (It these, 5101e flora native th belong to e nave Welshora and 23 are Xz�..�, . I laticindfly scalue species. Kellfi, is, lo,weel, eajmi- encifil, a reduction in buodiNeisiiy due (o the coninuinIg stibliz tan c' he 'one cyst n. The thiee main co:sc jences of the stabilization process are char (t 1 dieic L"', llas lve,l aceelelAd succession towards , dune !),,h laud climax. duc to the expansion of vegetated areas al Fig. I. 1 he KeiJiII, Bmls, , \ationil Nature Pei,cv ut the expense of Areas of mobile sand t2) sand mobih -, �d:llcs 1'1 help C"11,C!�C ,1 di vcr ail. I i Cs,k 11, Ts 1,11 p ito-,, ap th, 'c'! dt a.1 it not no n army C A the Kelul" duo'c" but I, it focillik", , 1 i! ,-�C i��i.,�:1 :11 d ;C nce"', to nlonl!o; SRCCLSNi0fi in the area. mluill the Plft(!Sles Ihai hA%L led u, lkc prc�vw St.;CCCSS!1r 11�.l2or, 2 climax status_ Aerial photography and aerial photo-ecology cause R-r concern among the nature reserve managers The need torplaut ecologists to study the Nelpettlumi Consequently our aim has been to map habitats based on relationships of entire reelpous wits emphasized as early a visual assessment of%e,,,e I d i to n density and structure as 192 o(Howard 19-Ij r I o d av, this i eg I it if a I a 1)1)1 on c It in aerial photographs.s Taking in Io account the nature of is encouraged by applying act at photographs and sated- the static, the scale of photographs used. and file struc lite nriPery to the snide of both Nesetafir'n if(] t—hi, Yuri,of file vegetation at Kenfljg, a simplified classifica It is in the level of macto ccolog, that aerial photo- lion of halboari was produced tTablc 2), graphs are most valuable Where they [tell)to correct the The habitat maps generated from the aerial pholo lmhallimc b't"Iccli plant geography jud plan i ecology graphs Were dl-itliLd uslif,4 a semi-aurcmanc aljpioaf; Aerial photographs can he used it)ideotifs and delineate involving scanning, conversion to grids, and then semi- plant assemblage, it the pht,ulignoniii., of foiniation 31)tcroan,'dig,,ifizin Tlic co,criges generiied it, levels(Howard 19-0). this way Were subse(picnifi 1,,co-referenced. co regis The concept of a i refers to a Its feted and rectified with reference to eonfrol points de linoassemblage of plant species discernible in(stereo- rived trom Ordnance Survey maps of 1 100011 scale. pairs ol) aerial photographs at a specified scale. This The Hart load which runs parallel to the coastalong eowcju, however. has its limitations, since The photo life Western margin of the reserve was laid after 1962 collllpuljiry varies rol filly with scale but also With and has had all influence on the rumphologk of the sevei4i other kactofs such as photo texture, lone etc. In dunes, vegetation and hydrology of the adjoining areas this study, the photo comruumly concept has been used (Jones 1993 1 To have a common area of study before to a limited extent, ;,or the emphasis has been more and alien 1961, the Hard road has been used its file towards the delineation of halbilalsand kelcouion dental western boundary and has been supentriposed ou the ties. The vegetation types conespoudirg to the habitats habitat map of 1962, A similar procedure was adopted have been inferred With the assistance M recent vegcta using the M4 motorway as the eastern boundary Which lion jil'ilis and g,Oaud cheeks. is pri:,(ii;in the 1991 atid 1594 pholo"mplis but if('t in the 1962 and 1971 photographs, Each parcel of a gii en _Methodology hath:uft is liras a closed pohizon in a coverage The vectou coN ge era torn I gkcit year comprises a[amber of The,methodology adopted in this stntly is qunifir to different lavers, where each lacer COT-MYTIS PObtlOTIS thatusedliN liaitogelil.(1992).Thiis.N&ehat,eviNiial]N representing the parcels of a given habitat. The at interpreted the aerial photographs(Table 1)based oil the tributes of each polli-lon in any given coverage include keys developed by I faflol- or a]. t1992), although these its area, perimeter, habitat type and hydrotypc (Fig-3 l, will not he described here. Fig 2 shows aerial photo- graphs of the northern part of (lie smdy atea acquired during 1962 and 1994. Table 2.Classaaafinin key of habitats used in lbisltuk and Clearly-there aiclimitationsm[tie ability to idesilifli flkn concspoiidoa� "'Witil,, and map the mans types of vegetation species and communities in Kenfig N-Nk using panchromatic of colour aerial photog-raphs the most important ones be tu., file spatial scale and spectral finti(atious of these media. 'T 1—iucll rncd cadiel.fl.,`1'-C;p s,11"Ird;cs oi cal diversit,, aftJ raitipe coiricnaiion fia, shifted from snec!eS to !I,,,";t,fs, lf;Is Of is ch Inge m t ropr,,ous 'CJC 1 Oatm,, in recent Y ears This Fen cia I obsef%ation is also [tire for Kcnfi--, W here lossot habitat has becu the notwi 1. 41 grit y. `h s _ t t 1Y A� '.IZr+� Ptg.? dcriat pimlegc+phs bf lien rye Surtuus e?+� nquired during (a) 1962 and (b) 1994 Note The prrcrnee nt the Han 1 Rn'id in the wcit and the motonvn% (aid) in the e Ia in the 1994 .y _ .. phomgraph. Vector G75 and dune-landscape succession analysis Overlays were produced of the individual habitat maps foreach year considered m this study.The result and ohange vectoiy present a vivid picture describing the type of successional changes that took place hehveen �;ZS+S 19o2 and 1994, The changes arc reflected not only in tennis of an increase or decrease in the areal extent of _ individual habitats, but also in terms of partial or com- --,- plete change oteach habitat parcel into another stage in the successional sequence_ To understand the nature of landscapcihabitar sue ecaston, each li ab ital *ns compiled as a separate layer --i-,- (i.e. vector covera,e) and overla9s were umtstnicted be x :n cCmeatr mling lavers wean di' - cede;. A total of 156 vector coverages, representing all the hahi tu' IAndv.aloe ispee for the toni �n -,.ncidYrel!an were _encrated Fig. d is an example of a I eetor COvei Fin.3.schematic rc'ttresencawn ofm<arch met hodologr ase coulaiuing the eight hahitaN landscape ttipes- The t Y i �',+� j;� t t � ALulr xtaly vcy<tnted iy is 71 tl ' 7 Den LV -¢dated dune. �I Vert I Eetalee elec..y Rom'^ ��♦ �-3 Mod n h vee_nnred `lacks Den ity c.g,ta cd slacks Fig 4.Au.x luipiv of a dt tcd vectl: '--' � - Scrvl, ,odr,d emggc of the landscape habitat map of �- Kautlg T;nrmws NarionaI VatiiwRes .._. dented from;terinl photographs acgi in 1962. areal extent of each of the Ilabitatti landscape types was 1%I\ D)increased from 18.7% to 56-8ro over the.same computed for each of the yeas studied The results period of time. confirm that there has been a general greenin of the In the case of the dune slacks,the parlially vegetated dune system since 19h2. In other words, there has not slacks have reduced in extent trom ca. 12%to l,h% this only been a substantial decrease in the areal extent of is a result of their transition into more densely vegetated open sandimobile dune, bill also a reduction in the slacks C0.241'£ in 1902 to 5.65% in 19941. The slacks generation ofdune slacksand an increase in the biomass also have a tendency to transform into woodlands. the on exisnng slacks.The most likely explanation of this is area of which has increased eightfold Table3 provides that there has been a decrease in the mobility of the all overview of the changes in the spatial structure of dunes, as a consequence of over stabilization. vegetation in the dune and slack habitats A more de .a quantification of the change brought about in the tailed analysis of the successional changes Cot specdic done system over the years,described qualitativelyabove, habitats, inferred from Table 3, is as follows to 1994, is gieen in Fig. 5,TIn"shows thatabout20 %(ca. 32ha) the open smdlJS) had reduced to 5.G a, of its of the study arc within the reserve was covered by areal extent in 196^<. This;vas due to development of rioble sand Jlmi1! the earl}' sixties. but that this had cegemilon on the dunes. reduced to a mere 1 5rc to hat I+v 1994. Similadti. the Thus. 88^, or qne open sand habitat had hcen traits e-ell e~:rent Ot the panialtt ",�etatels-tro:Pdnnes(PVD) G..rmed into p:uGa l!v getated dace hahi 4nt. 54.5 . reduced from 26"�, in 19ti2 to 2."r by 1994. U❑ the traustermed into modenalek vcgetarcd dune,and o u rig other hand, the alga of modciatcla vegetated dunes to densely segeated Jule by 1994. Cdhile this general it this comes. ii, M 1 5 file area 1,h,l c r P\`�I it 19 i-' had MVS k WI 1,(000dljnd1scfuf,, by 19 4 1 he areas 80 -f of P\ S that--isfed !!I 100a Fie flit orle,Cle2!'-d(file [,I 60 erosion dining (asoccut al-bei 1962. Similarly, -I)dce ,,t NIN'S has been branNfolmed to DVS And %Vf s while 4 0 orals 29.VIThasremainedas MVS, Pdissmdv has broul,,111 E to Iraht the fact that there was some kind of erosional 20 1, and dune mobile, proccs,, going on after 1962 as a small percentage of vegetated ([lines and slacks have been converted into open sand or less Nceeiabed land 1991 1991 Wipes. MA DVS µj Mels PVG DVD Slack hydrology as au attribute SAND Oxeila,,s of the habitat maps ot-chitcrew gears has Pitif.S. 1 rAnsition'lljIgmul Showing Cliquites In the type and helticil to quatt'j-, it,, dire ran, amont late of fheqrciic\leidoF1andscape, habitat tootsbetuvu 66'aud nansillon succession. descrihed above. As the hydro- 1991. 10'IC;d !e2lllle plays all njjp,3rtj,l tole in fetejjjn;u,, Ne"chation e sic'"fifiand the subsequent sueceasi null trend in the (little q%slen, an allempt was made (I demarcate trend indicates the 'peenin', and stabilization of the slack areas that are undergoing rapid transition due to dunes. there is also cNidence of some ciosion,dutic hydrological factors. File dune slacks at Kcnti, were mobility which hasiesulbed in the conversion Ill-1 2i�;,of classified into ,)lie of 1-ow types by Jones (1993)haied the paitialk vegetated dunes into open sand Anil vi;es on their it (bolo status: of the cluilille N ee(ois beiween 19-,l and 1991 showfliAt Type I SIACkS are 1,pitied hil vein shallow wither the geomorphologica(process of dultemobility flooding During periods of hooding [tic water table seems t axm 9-o i 1 displays asubilnod response even 10 prolonged periods A similar analysis for the dune slacks shows that of heavy rainfall. silliollearIt elosionai,dutte 111ohility processes were in Type 2 slacks are ininitai it) the above bin flood to a operation dinni 1962 and Cot some-veArs label, result greater depth. File depth of flooding rarclq exceeds jllb Ill act rain dicas o fine slacks bclllg tour cltc,i to oulic "locin li"CiCl and fin in"11 dip wells ill IIIL LgIklilf was habitats, B-N 1094. Kmec,i, 24.-� of the partially- t ound ho lie beMeen li)Liii and 25ciu; vex,,elated ilacks(PVS)had been aoniehed oho modes Type 3 ;1,-,-characterized by deep winter floodiu,-,, and ately vecetated slacks iNIVS). fins colixeiiioll was lvpc4 stacks are claraherized by extremely deepwin- plincip'lly along dieficliphen of the slacLs I-ormiari- ter nood9P12 son of vegetationgrowth on the dunes and in the slacks Atector(I)oint)coNcia,e consisting ot 191dip well Indicates that the duties were gleaning at a faster late locarions(ITones 1904)C together with]]tell cOlTnl)Qnd than the slacks. In the (little habitat, the areal extent of ine livilmloPeal characteristics (hydro-lNpe'athilwhe) IND conveision to NIVID is higher than my other type ( was combined with, the habitat change vector maps. of habitat conversion. 'I he iste of succession towarrb, This indicated that(I'I slack types" and 3 are the most densely vegetated duties(DVD)and scrubland is not is vulnerable to transition to denser vegetation r,pes: (2) effective as the succession lowards modetatehr ve lister vegetation development occurred it] areas 0111"i elated duties Field observation showed that nally characterized by slack Types 2 and 3. and(3 1 afer MV 1) habitats could easily he restored to ()S sin his by hecalinfl, nuidelatei I I I � vegetated. hvdioiogical factors iIIo%,Iin1, of removing the vegetationcover- kestination have little impact on the transition into dense-slack and of D'iD lino OS is more difficult as it involves ouch wijodlaljd sive tepeated mowing and complete iemovai of flit hidial, the rootsih-, mat ciinin,and Injecholl of hethicidle into the roofs. lfs, The m-lest of !tie nlanvec: oC the '11)' lies;m"re Vilh life sIacks, as thc-\ are the hal,itals than support the rare species. ;ugh as liflar!e 1... ...h?, and 11131 are helm k" ....... pallraik 'c2'laie4 flulw NF\71) -llrldivat is U% 0�11"i,"gcfat'd dune paol.ak '1,6, \I\'- mideroek vcgelated sh,-K M'- lj as I. ve @etatui stack'. 1,V[ woodland scl-it, F,,,ni, in Oahc, trey in ha. odit'r A Ina fit;it f F-, fcr dtgc ut u c:' is 9E: S 1-62 V 13 4 Limitations of this study iJ, the muffispectral images produced by di_,,itall rename seus;n" devices;. C'N is art ideal tool %"idl �xlbilch To The most difficult (and perils'us error-prone)fail of eNanurtc both the amount and the rare of h1u,itim of ,andieq each as this is'ea 61"Olit"n of the aerial plv,t.) IlAhitils as well as to 'I'marean, the areas lbal no".0 graphs to some reference mall,projection.Althoulifl, the urgent attention in terms of management and conserva- muur,al care was taken in aeo-referencing the photo- rion. In combining these technologies. this stuctN has gpipfil,and rectifying therin,the scale of rite photographs helped to highli,lit those areasancl habitats that could be was different lot each date, so that distoition and subse rehabilitated imidet appiciptiate iiiaiia,,,eiiieitif)ic.,2raiiitnes quent crim in matching may N have resulted tit a small and, ultimateiv. To ensure that the bfodiveisilv of this percentilge of error creeping in the 'geometry of the coastal dune wstern is maintained. 1 ectorsand eNen1rialN in tire char statistics. A second consideration is that colour photographs, had dicY been available for all (lie years under consideration. would Ackinowledgemunts. The authors would Re to thank the have provided more reliable infornim6cal ou vcgctatllll Commonwealth Scholarship Commission for providing the iy pc cud density. -m)orikollt., for may, is '9'ry out re inrch in the T11s, the officials at Kentig TNR h.r their suggestions and h0j, Dr, Peter Jones Council for Wiles, flantor) for Conclusions having provided thebaseline ve.gciatiou mapand hydrological din and Paul Ilan (Uuiversny of"wales at Cardiff)for ulally The -clr,ml conclusion (bit Can he drav�u floor the I helpful(icscussions and advice- integration of aerial images and GlSused in this study is that while the processes of erosion and dune mobilits, were active at Ktafig NNR at the start of the period considered (1902 1994) the duties have become in creasingly stabilized and there his been a cessation of dune slack generation.It was also noted that the 1pneeljinlg of the been skimei than thatof theslacks,and that at least 25� of the slicks could he restored to the conefitionsihal support the sijnv,,al of ianeand pioneer species given appropriate ruall3l"Cluent practices Ha bitat monitoritil,, is an impoilant prerequisite to the management of coastal dune sYslems, NvInch are highly Anam, in naimc 'Cind P11OW"i-aphS a iL3 sonablx good sourer ol'informatiou about the lculpoial cbanl,cs: all,!, trar.sini,as that have !:ken place i,l iccent decades. flielt value iu this context derives hour lilt comps rativelc loll. lime,series Miala that they prop de Hut"'I 99, A "t"', o it a I I for Wiles rport,Bangor.W"I 1 t'is DaN is, F IFV, Stine. 11.A N :Tunis. i s,1 199 I. Disttihat I(I U Jones. 11-. 1992, Aimixiiiol-ictil studies on the tare orchid and co a sery tt to it ,ta I its of coastal sage scri,11 1 it so III hen]I] Lrarot ioc,,r ih and th ei ra pp I icat to a to the ma aig ctiieta of ""i h fi)ru ij .; ["0 tic].3.-U -,;6 '!.he s la e I,"'Sy 1e"I,t I: �"it I It W,ks.I It L"'j :'1 Ju",,. Hartog, M van der Nkuleu, F & Tiotgelaus I. 19922 Dune I e rn.ph,te I"I,-, '21!d FlUi4"I'm cm--Ii" mo"a deelopmew and .fir,,,ging. yotmilwater IF- ipoi.Balkenia.KottMam.-NL. mne Quantitative landscape succession with help of a Jones,P.S. 1993 Ec"Inu, o"v's"I'dunc GT$ TD (. rc c ] }snes. O wnrnThot q ,^:ovc and sicz--k tcgrtation a., Arrtf.,g VIVR, Arid Glzo,)ouan. Ph.D "':S'rolIon Halkelfta.Rooefflam,Ni I besis.I tin'eisity College of Wales,Carditl,t,IF, G ELIZABETH A. NEVILLE � y� Town Hall, 53095 Main Road TOWN CLERK y = P.O. Box 1179 REGISTRAR OF VITAL STATISTICS O Southold, New York 11971 MARRIAGE OFFICER 4, • `� Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER W O Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Trustees' Office FROM: Linda J. Cooper, Deputy Town Clerk DATE: December 8, 2004 RE: Foil Request of James Fitzgerald Transmitted herewith is a FOIL request of James Fitzgerald. Please respond to this office within five (5) business days. Thank you. uILI ofTrusteps ELJZA33ETH A.NEV1LLE Town Hall,53095 Main Road TOWN CLERK P.O.Boa 1179 REGISTRAR OF VITAL STATISTICS Va Southold,New York 11971 MARRIAGE OFFICER 41, Fax(631) 766-6146 RECORDS MANAGEMENT OFFICER y'�pl ,�t� Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUWL.IC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's ffice agency Freedom of Information Officer). One copy will be returned to you In response to your request, or as an interim response. SECTION TO: 1 V J �i7 ( epartment or Officer, If known, that has the information you are req sting.) RECORD YOU WISH TO INSPECT: (Describe the record sought. If T da file 'tle, tax map number, and an they possible, supply Y pertinent )trformati � o lei a an 4K Signature of Applicant: Prh ted Name Address: Mailing Address (if different from above) :_ Telephone Number L �`r p Date: / I I APPROVED RECEIVED I ] APPROVED WITH DELAY* [ ] DENIED* 1�7 DEC 8 2004 Eliz eth R. ,Neville Date Freedom of Information Officer Southold Town Clerk * If delayed or denied see, remorse side for expiswetisw: :. ..a_ .. a r. _ A n Y STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 1 223 1-000 1 GEORGE E. PATAKI GOVERNOR DANDY A. DANIELS SECRETARY OF STATE November 4, 2004 Charles Luyster EC E Q WE President Kenny's Beach Civic Association REDEEC3 P.O. Box 881 T Southold, NY 11971 Southold Town Dear Mr. Luyster: Board of Trustees Thank you for your letter of October 19, 2004 regarding undeveloped lands between Kenney's Road Beach and Goldsmith Inlet in the Town of Southold and your Association's efforts to protect this area. The proposed Department of State Goldsmith Inlet and Beach Significant Coastal Fish and Wildlife Habitat includes maritime dunes and maritime freshwater interdunal swales, which are rare ecological communities as identified by the New York Natural Heritage Program. Those ro, ,; t. 1, you Lid ,L., u;gaL-La.iou have expressed an interest in. It is the intention of the NYS Department of State to submit the enclosed draft habitat and narrative for the proposed Goldsmith Inlet and Beach significant coastal fish and wildlife habitat for federal approval in the near future as part of the habitat designation process. Please call me at (518) 486-3108 if you have any questions about this habitat area and its proposed designation. Sincerely, Michael Corey Coastal Resources Specialist Division of Coastal Resources DOS.STATE.NY.US • E-MAIL: NFO@DOS.STATE.NY.US COASTAL FISH & WILDLIFE HABITAT ASSESSMENT FORM Name of Area: Goldsmith Inlet and Beach Designated: County: Suffolk Town(s): Southold 7%' Quadrangle(s): Southold,NY Draft: October 12, 2004 Assessment Criteria Ecosystem Rarity(ER)--the uniqueness of the plant and animal community in the area and the physical, structural,and chemical features supporting this community. ER assessment: Narrow maritime beach and associated tidal pond, dune, and interdunal communities, the latter two rare in New York State. 64 Species Vulnerability(SV)--the degree of vulnerability throughout its range in New York State of a species residing in the ecosystem or utilizing the ecosystem for its survival. S V assessment:Documented nesting of piping plover(E,T-fed),least tern(T),and osprey(SC). Calculation: 36 + (25/2)+(16/4) = 52.5 Human Use(HU)—the conduct of significant,demonstrable commercial,recreational,or educational wildlife-related human uses, either consumptive or non-consumptive, in the area or directly dependent upon the area. HU assessment: No significant human use of fish and wildlife resources of the area. 0 Population Level (PL)--the concentration of a species in the area during its normal, recurring period of occurrence, regardless of the length of that period of occurrence. 0 PL assessment: No unusual concentrations of any fish and wildlife species in the area. Replaceability (R)--ability to replace the area, either on or off site, with an equivalent replacement for the same fish and wildlife and uses of those same fish and wildlife,for the same users of those fish and wildlife. R assessment: Irreplaceable. 1.2 Habitat Index = [ER+ SV+ HU + PL] = 116.5 Significance= HI x R= 139.8 Page I of 5 • NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT NARRATIVE Goldsmith Inlet and Beach LOCATION AND DESCRIPTION OF HABITAT: Goldsmith Inlet and Beach is located on the north shore of Long Island,between Mattituck Inlet to the west and Horton Neck to the east, in the Town of Southold, Suffolk County(7.5' Quadrangle: Southold,NY). This approximately 150-acre area is roughly bounded by Long Island Sound on the north, Horton Lane on the east, Sound View Avenue on the south, and Mill Lane on the west. The fish and wildlife habitat includes a narrow area of maritime beach that extends nearly two miles along the Sound from about two hundred yards west of the inlet northeast to and including Horton Lane Beach; Goldsmith Inlet and Pond; and a mosaic of dunes, intedunal uplands, and swales extending from Goldsmith Inlet County Park northeast to Great Pond. The habitat is bordered by residential developments as well as undeveloped vegetated dunes. FISH AND WILDLIFE VALUES: The Goldsmith Inlet and Beach habitat consists of several associated significant ecological communities. An extensive maritime beach that has recently become an important nesting area for piping plovers and least terns along the north shore of Long Island extends approximately two miles along Long Island Sound. Goldsmith Pond and its contiguous tidal wetlands lie at the western end of the habitat area. Goldsmith Inlet County Park and Peconic Dunes County Park and adjacent upland and non-tidal wetlands contain maritime dunes as well as maritime freshwater interdunal swales ecological communities, both of which are considered rare by the New York State Natural Heritage Program. This diverse area as a whole plays an important role as nesting and feeding habitat for a variety of migratory birds. Since the mid-90's Goldsmith beach and Kenny's Road beach have served as nesting sites for piping plover(E,T-Fed)and least tern(T). During the period 1996 to 2002,an average of 4 pairs of piping plovers nesting on this stretch of beach,with a peak year of 1998,when 7 pairs of nesting birds were documented. Least tem have nested at this site on a fairly regular basis since 1996, with an annual average of seven nesting pairs between that year and 2002. The peak year for least tern nesting was 2000, when 22 pairs were documented. One pair of common tern (T) was documented as nesting on the beach in 2000. This species had not been noted since 1992, when 27 nesting pairs were documented. About 40 roseate tem (E) individuals were observed to be loafing near the inlet in 2001. Osprey(SC) have been documented nesters at Goldsmith Inlet Pond since the early 1980's. The Goldsmith Inlet and Beach area contains a diversity of ecological community types, including tidal pond,maritime beach,maritime dunes,and maritime freshwater interdunal swales. These latter two communties extend about 1.5 miles from west of Great Pond southwest to Goldsmith Pond,and are considered by the New York State Natural Heritage Program to be rare ecological community Page 2 of 5 • • occurrences from a statewide perspective. Approximately 70 acres of maritime dune habitat extend from Great Pond to Goldsmith Inlet,with approximately 22 acres of maritime freshwater interdunal swales located adjacent to the dunes. One rare plant species (Iris prismatica) has been documented as occurring within the wetlands of this habitat. Recreational uses of Goldsmith Inlet and Beach are concentrated in the area around Goldsmith Inlet and Goldsmith Pond, where blue crabs and eels are harvested. The Town of Southold maintains a public beach at Goldsmith Inlet, and Goldsmith Inlet County Park includes 34 acres of park land which is home to a diversity of wildlife. The Suffolk County-operated Peconic Dunes County Park on the west shore of Great Pond and south of Kenny Road Beach provides access across the beach to Long Island Sound for surf fishing. IMPACT ASSESSMENT: Any activity that would substantially degrade water quality and/or terrestrial natural resources at Goldsmith Inlet and Beach would adversely affect the biological productivity of this area. All species of fish and wildlife would be affected by water pollution, such as chemical contamination (including food chain effects resulting from bioaccumulation), oil spills, excessive turbidity, and waste disposal. Unrestricted use of motorized vessels including personal watercraft in the-protected,shallow waters of Goldsmith Inlet Pond can have adverse effects on aquatic vegetation and fish and wildlife populations. Use of motorized vessels should be controlled(e.g.,no wake zones,speed zones,zones of exclusion) in and adjacent to shallow waters and vegetated wetlands. Alteration of tidal patterns in Goldsmith Inlet Pond could have major impacts on the fish and wildlife communities present. Dredging to maintain existing boat channels should be scheduled between September 15 and December 15 to minimize potential impacts on aquatic organisms, and to allow for dredged material disposal when wildlife populations are least sensitive to disturbance. Dredged material disposal in this area would be detrimental,but such activities may be designed to maintain or improve the habitat for certain species of wildlife. Nesting shorebirds inhabiting Goldsmith Inlet and Beach are highly vulnerable to disturbance by humans, especially during the nesting and fledgling period (March 15 through August 15). Significant pedestrian traffic or recreational vehicle use of the beach could easily eliminate the use of this site as a breeding area and should be minimized during this period. Recreational activities (e.g., boat and personal watercraft landing, off-road vehicle use, picnicking) in the vicinity of bird nesting areas should be minimized during this period. Predation of chicks and destruction of eggs or nests by unleashed pets(e.g.,dogs,cats)and natural predators may also occur,and predator control should be implemented where feasible. Fencing and/or continued annual posting of shorebird nesting areas should be provided to help protect these species. Control of vegetative succession, through beneficial use of dredged material or other means may improve the availability of nesting habitat in this area. Page 3 of 5 'Elimination of salt marsh and intertidal areas,through loss of tidal connection, ditching, excavation, or filling, would result in a direct loss of valuable habitat area. Construction of shoreline structures, such as docks,piers,bulkheads,or revetments,in areas not previously disturbed by development,may result in the loss of productive areas which support the fish and wildlife resources of the Goldsmith Inlet and Beach area. Alternative strategies for the protection of shoreline property should be examined, including innovative, vegetation-based approaches. Control of invasive nuisance plant species, through a variety of means, may improve fish and wildlife species use of the area and enhance overall natural resource values. Thermal discharges, depending on time of year, may have variable effects on use of the area by marine species and fish. Installation and operation of water intakes could have a significant impact on juvenile (and, in some cases, adult) fish concentrations, through impingement or entrainment. Page 4 of 5 0 KNOWLEDGEABLE CONTACTS: Habitat Unit Town of Southold Planning Board NYS Department of State Town Hall Division of Coastal Resources 53095 Main Road 41 State Street Southold, NY 11971 Albany, NY 12231 Phone: (631) 765-1938 Phone: (518) 474-6000 Bureau of Marine Resources NYSDEC—Region 1 NYSDEC State University of New York, Building 40 205 N. Belle Meade Road, Suite 1 Stony Brook, NY 11790-2356 East Setauket,NY 11733 Phone: (631) 444-0354 Phone: (631) 444-0430 Wildlife Manager Finfish and Crustaceans NYSDEC—Region 1 NYSDEC State University of New York, Building 40 205 N. Belle Meade Road, Suite 1 Stony Brook,NY 11790 East Setauket,NY 11733 Phone: (631) 444-0310 Phone: (631) 444-0436 Town of Southold Trustees New York Natural Heritage Program Town Hall 625 Broadway, 5" Floor 53095 Main Road Albany,NY 12233-4757 Southold,NY 11971 Phone: (518) 402-8935 Phone: (631) 765-1892 Office of Ecology Suffolk County Dept. of Health Services Bureau of Environmental Management County Center Riverhead,NY 11901 Phone: (631) 852-2077 Page 5 of 5 Horton Pt \ L*h o .� 00 Y 2 1 10 � C� i1' e � .qo• 52 V .g • 0 13 e o as N :s o O N •o ••• . <N IT /♦ i • / o ` - J V GOLDSMITH INLET AND BEACH � '•O • ^♦ •,` I' •t s b 11 a'g y 6 11 ` 1x,,/ � o. O • , � _ 10 Golde+Kftk / Y I' % HIM Hi y a •� illow MIy Is Ile wIC 3 .o '6 ♦ `.T.p_ ...—\ - •• !t •' ,••`die 4e o+ern N Significant Coastal Fish and Wildlife Habitats �xew York State Goldsmith Inlet and Beach Department of State Proposed New Habitat 2000 1000 0 2000 feet Division of ®Coastal Resources Nov 16 04 10: 15a Pifer-T Permit Services 63W7463 P. 1 [Proper-T Permit Services P.O. Box 617,Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-1463 FAX MEMO DATE: November 16,2004 TO: Lauren—Trustees' Office FROM: Jim Fitzgerald SUBJECT: Gregory Mazzanobile; SCTM#1000-59-1-21.6 &21.7 Please postpone the scheduled hearing on this project until the December meeting. 1 Pages attached: Non e I 11/15/04 Field Inspection - • f L i 1' Field Inspection WWI 'RI ' M' oal0Z4 Field Inspection ki } 1 \/ 4r ; ` S / � & : • ° , R® a© ! . ,/ � \ { } \�� •�/ 11/15/04 Field Inspection A. • • o�OgOFF01.f Telephone O Town Hall (631)765-1892 W 53095 Route 25 O P.O.Box 1179 Southold,New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Monday, October 18, 2004, the following recommendation was made: Moved by Don Wilder, seconded by William Cook, to TABLE the application of GREGORY MAZZANOBILE to Amend Permit #5631 to eliminate the swimming pool and move the proposed sanitary system leaching pools 3' further from the wetlands line. Located: 1300 & 1460 Lake Dr., Southold. SCTM#59-1- 21.68,21.7 The CAC Tables the application and will re-inspect in November when the project is staked. Vote of Council: Ayes: All Motion Carried • COUNTY OF SUFFOLK V S • � • COPY S TE LEVY SUFFOLK COUNFY EUCUf W DEPAKfMENT OF HEALTH SERVICES BRIAN L HARFER,M.D.,M.P.H. COMMISSIONER October 14, 200 4 Mr. Gregory Mazzanobile 230 East 48 Street — Apt 5C New York,NY 10017 Subject: Variance Hearing R10-02-0097 — residence for Mazzanobile, n/w/s Lake Drive,278 ft. s/w/o Kenny's Road, Southold—t/o Southold—SCTM: #1000-59-1-21.6 and 21.7 Dear Mr. Mazzanobile: Your request to appear before the Board of Review of the Suffolk County Department of Health Services has been received The review of this case has been scheduled for November 18,2004 at 3:00 p.m. in the Suffolk County Department of Health Services' Conference Room, County Center, Room S-238,Riverhead. You and interested parties are requested to appear,with or without counsel. On that occasion, you may produce any information or evidence you wish to be considered concerning the above- referenced property. Should you have any questions,please call (631) 853.3086. Very truly yours, Stephen A. Costa, PE 11 Chairman, Board of Review ` ------ SAC/kn C: Martin Trent " " Proper-T Permit Service (JE Fitzgerald,Jr.) Walter Dawydiak,Jr.,P.E. Valerie Scopaz —Town of Southold Lauretta Fischer— Planning Department George Brown—SCDHS •Board of Review Suffolk County Department of Health Services Division of Environmental Quality 220 Rabro Drive—Hauppauge,NY 11788 (631)853.5086—Fax:(631)853.3075 ^ - , - � I C: (continued) Mary G. Rogers Gerald M.McCavera Brian and Martina Faerber George Bambrick Brian and Brendan Bambrick Theodore Manolakos Richard E McNally and Virginia I Tang Charles Luyster • Page 1 of 2 Martina Bovle From: Chuck Luyster icluyster@optonline.net] Sent: Friday, October 15, 2004 9:45 AM To: Virgina Tang; C. P. Georgiopoulos; Sydney L. Schwartz; Bill/Mary Steele; Don Stanton; Sergio/Priscilla Sedita; Ken Richter; Lynne Normandia; Charlie/Susie Geitz; Eppop46@aol.com; Drgeorge0@aol.com; Missy Diack; Pat Lair; Peter/Sharon Manganiello; Chris Conners; Jean Vazquez; Thomas Rozakas; Don Vazquez; Eugene Gluck; John Sepenoski; Brian Bambrick; Fredrick VonZuben; Martina Faerber; Jerry McCarvra; Meg Abatelli; Jerry Silberstein; Aileen Paskoff; John Betsch; Gerald Cruise; Joseph Dews; Lynne Faught; A. Geszczynski; Edwald Karbiner; John Kassimatis; Alan Litner; Neal Lovett; Catherine Sucic; Mary Rogers; Serge Rozenbaum; Leslie Weisman; Ernest Schroeder; Lillian Ball; Robt./Annette Nitsche; Monte Sonnenborn; Warren/Nina Bernstein; John/Christina Muccioli; Robert/Annette Nitschke; Paul/ Molly Stetz Subject: Fw: Support for Wetlands --Original Message---- From: Lillian Ball To: Gwynn Schroeder; Arden Scott; Tim Kelly ; George Bambrick ; Nancv ; Tim Bishop * ; Patricia Acam�ora , Nick Gibbons ; Janet Delynn Ken+Arline Richter Dennis and Bnod McMann Macaye _ dN yParsons ; Jane_+ Reed Rubin ; Tim Caufield ; Josh_Horton. John-+Sandy Kassimatis ; Chuck Luyster; Geerald + Patricia Cruise ; Virginia Tang ; Maureen ; Meg +Wayne ftetelli , Howard+ Irene ; Serge+Susan Rozenbaum ; Tom + Ann__Rozak s ; Karen L Fellows , Gre-g Edinger ; John Sepenoski ; Rick Bird ; Eric Lamont ; Chris Kelly ; Marilyn Weigol-d ; Bill Fonda ; Diane Dunbar; Paul + Barbara Stoughtenberg Kathleen Becker ; Gregg + JiII Hano ; Justin Porter ; Pat Hovey ; Ann Sent: Monday, October 11, 2004 11:11 PM Subject: Support for Wetlands Dear Folks, As many of you know the Great Pond Wetland Committee is working on organizing a preservation effort for the wetland/dune area North of Lake Drive in Southold. There will be an important public hearing at the trustees meeting on Wed, Oct 20 after 7 at Town Hall to reconsider a permit given two years ago in the middle of the area we are trying to preserve (right next to the substantial cranberry bog). It is important that they see the community support for the preservation. We will let you know closer to the date exactly what time they have us scheduled. The following map and press release should give you an idea of the project. Please call or e if you have any questions or other ideas. Thanks, Lillian 0 10/18/2004 . _ • Page 2 of 2 PRESS RELEASE The Great Pond Wetland Preservation Committee of the Kenny's Beach Civic Association has recently commissioned a study of the area between Kenney's Beach and Great Pond in Southold. The Botanical Report by Eric Lamont, PHD has identified the area as a classic example of a "Maritime Freshwater Interdunal Swale" which is listed as as "Globally and Locally Rare" by New York Natural Heritage Program standards. The Natural Heritage Program ecologist Greg Edinger also reports that any development within the dunes would reduce the overall quality of this significant occurrence and reduce its long term viability. Specifically, the approximately 10 acres on the North side of Lake Drive between Kenney's Road and West Drive continues the interdunal wetland system at the adjacent Peconic Dunes County Park. The area between Goldsmith's Inlet and Horton Point is geologically unique on the North Fork and supports several equally unique ecosystems. These specific freshwater wetlands support a high diversity of plant species, including native cranberries, carnivorous sundews, and at least one rare plant,the Iris prismatica. They also form a major filtering system for Great Pond and are extensively connected with Long Island Sound. The report concluded that this area is comprised of rare ecological communities that should be preserved for future generations. Fragmentation of this unique ecosystem will result in negative environmental impacts and needs further study. The Association has formed the "Great Pond Wetland Preservation Committee" to build a coalition between the neighbors, the town of Southold, and The Peconic Land Trust in order to purchase the area and preserve it from environmental degradation. for further info call Lillian Ball, Committee chairperson, 631-765-3495 10/18/2004 • A BOARD OF TOWN TRUSTEES D PO BOX 1179 DC I 14 SOUTHOLD NY 11971 REF:ADMENDMENT TO WETLAND PERMIT #5631 TO REGORgarud"o" Town 'Board off Trustees MAZZANOBILE SCTM#59-1-21.6&21.7 10/11/04 I AM IN STRONG OPPOSITION TO THE THE GRANTING OF AN ADMENDMENT TO THE WETLAND PERMIT TO GREGORY MAZZANOBILE. I HAVE A COPY OF THE SURVEY MR MAZZANOBILE SUBMITTED TO OBTAIN A SUFFOLK COUNTY D.E.C. PERMIT WHICH IS SIGNIFICANTLY DIFFERENT FROM THE ONE UPON WHICH YOU BASED YOUR APPROVAL FOR HIS ORIGINAL PERMIT. THE FOLLOWING ARE JUST SOME OF THE CHANGES MADE TO THE SURVEY LNEW SURVEY SHOWS STAIRS ON THE N.W. CORNER OF THE HOUSE 2.THE SEPTIC TANK HAS BEEN RELOCATED 3.SIZE OF HOUSE AND DECK AREA HAS BEEN CHANGED 4.WEST WALKWAY HAS BEEN REMOVED-CENTER WALKWAY HAS BEEN REPOSITIONED 5.LOCATION OF RETAINING WALL HAS CHANGED 6.SEPTIC SYSTEM IS NOW CLOSER TO A NEIGHBORING PRIVATE WELL THIS ENTIRE AREA HAS NOW BEEN IDENTIFIED AS AN MARITIME FRESHWATER INTERDUNAL DUNE COMMUNITYMR. MAZZANOBILE'S REQUEST TO AMEND HIS PERMIT MUST NOW BE HELD TO A HIGHER STANDARD. THIS APPLICANT HAS CONSISTANTLY TRIED TO MISLEAD AND FALSIFY THE INFORMATION HE HAS SUBMITTED TO THIS BOARD.THE SUBMISSION OF 2 DIFFERENT SURVEYS, ONE TO THE BOARD THE OTHER TO THE DEC, IS JUST THE LATEST IN A SERIES OF PLOYS TO OBTAIN THIS PERMIT THIS AMENDMENT MUST BE DENIED AND THE DEC SHOULD BE ADVISED THE SURVEY SUBMITTED TO THEM IS NOT THE ONE THIS BOARD HAD APPROVED. SINCERELY GEORGE BAMBRICK PO BOX 1064 SOUTHOLD NY 11971 Oct 12 04 03: 37p Proper-T Permit Services 6317347463 p. 1 • • Proper-T Permit Services ' P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 FAX MEMO DATE: 10/12/04 TO: Lauren—Trustees' Office FROM: Jim Fitzgerald SUBJECT: Gregory Mazzanobile; SCTM#1000-59-1-21.6 & 21.7 Please postpone the public hearing on the amendment for this project to the November meet- ing. Thanks. Pages attached: None ID dE � OCT 12L T i ) I Town local ofAustees New York Natural Heritage Program A Partnership between The Nature Conservancy and the NYS Department of Environmental Conservation 625 Broadway,5,s Floor Albany,NY 12233-4757 (518) 402-8947 Fax(518)402-8925 www.nyirhp.org NY Natural Heritage Program Review of Natural Communities Reported at Great P 14VC0l s Vrun Prepared by Greg Edinger,Program Ecologist,NY Natural Heritage Program October 8, 2004 OCT 13 The NY Natural Heritage Program was contacted by the Kenney Beach Civic Assoc ation to review the Preliminary Environmental Assessment of the"Great Pond Wetlands&Dunes,"So Ithold To opstiffalk County,New York(Lamont 2004). rd of Trustee= In order to accurately classify and rank the quality of the natural communities at this site, ideally the following data are needed: • vegetation cover data at known location points, • an accurate map showing the boundaries of each community(with the full extent of each community being mapped, even if it extends beyond the area of interest), • data on the condition of each community(e.g., anthropogenic disturbances,presence of invasive exotic species,etc.), • and information on the size and condition of the surrounding landscape. The Lamont(2004)report presents sufficient information to confirm the presence two natural communities described NY Natural Heritage in Ecological Communities of NYS(Edinger et al. 2002)at the site.These two communities are maritime dunes and maritime freshwater interdunal swales.Although a first draft of the natural communities was included with the report(Lamont 2004), an accurate map showing the full boundaries of each community is needed. A review of in-house digital orthoimagery and reports of the site(Lamont 2004,pers. comm. Michael Corey,DOS) suggests that both communities extend beyond the boundary of the"Great Pond Wetlands&Dunes"site.The maritime dunes appear to extend about 1.5 miles from Great Pond southwest to Goldsmith Inlet.Additional patches of maritime freshwater interdunal swales appear to occur within this area of dunes,but perhaps not as large and numerous as observed on the"Great Pond Wetlands&Dunes"site.Using aerial photo interpretation and GIS,I estimate that there are about 70 acres of maritime dunes that extend from Great Pond to Goldsmith Inlet,with about 7.5 acres within the"Great Pond Wetlands&Dunes"site.There are about 22 acres of maritime freshwater interdunal swales adjacent to these dunes,with about 9 acres within the"Great Pond Wetlands&Dunes"site.The acreage would likely change with more accurate community delineation. The digital orthoimagery and reports(Lamont 2004,pers. comm. Michael Corey, DOS)suggest that both of these community occurrences are good quality.However,there are reports of reed grass(Phragmites australis) and purple loosestrife(Lythrum salicaria)at this site(Lamont 2004), and there appear to be sand roads and driveways through sections of maritime dune.The landscape surrounding the maritime dunes is in relatively good condition,except for the portion within the"Great Pond Wetlands&Dunes"site where the dunes are surrounded on three sides by residential development.At least one house on West Drive appears to have displaced a portion of the maritime freshwater interdunal swales.The ecological processes that maintain maritime dune viability appear to be more intact to the southwest of Great Pond where the dunes and swales have greater connectivity with Long Island Sound. Conclusions The maritime dunes and maritime freshwater interdunal swales at the"Great Pond Wetlands&Dunes"site are part of larger occurrences of these communities that extend southwest to Goldsmith Inlet. 1. The occurrence of maritime dunes from Great Pond to Goldsmith Inlet are tentatively ranked"B"using NY Natural Heritage Rang Specifications (Appendix A) for size,condition, and landscape context. A B-rank indicates a good quality occurrence of maritime dunes which is a globally secure(G4)but state rare(S3) community. NY Natural Heritage considers the maritime dunes at this site a significant natural community occurrence from a statewide perspective. Emb&TandErdaanagComeru w,rf New York'sB,&msily 2. The occurrence of ma> freshwater interdunal swales from Great Po Goldsmith Inlet is also tentatively ranked"B' g NY Natural Heritage Rank Specifications( endix B) for size, condition, and landscape context.A B-rank indicates a good quality occurrence of maritime freshwater interdunal swales which are a globally rare to globally secure(G3G4),but a very vulnerable(S2) community. NY Natural Heritage considers the maritime freshwater interdunal swales at this site a significant natural community occurrence from a statewide perspective. 3. NY Natural Heritage concurs with Eric Lamont's (2004)statement that dune-swale complexes are extremely rare on the north shore of Long Island. Recommendations Review of the readily available information suggests that there are two natural community occurrences of statewide significance at this site,maritime dunes(tentatively B-ranked)and maritime freshwater interdunal swales(tentatively B-ranked).NY Natural Heritage recommends the following: • A thorough survey of all natural community occurrences is recommended from Great Pond to Goldsmith Inlet in order to accurately map and confirm tentative occurrence ranks. • Further survey is needed to confirm the report(Lamont 2004)of maritime pitch pine dune woodland at this site. • Element Occurrence Records for all significant natural community occurrences should be entered into the NY Natural Heritage database. • Protection efforts should focus on the viability of the maritime freshwater interdunal swales already shown to contain state rare species(Lamont 2004). • Protection and/or restoration of the connectivity and ecological processes(e.g., storm surge, sand deposition, and salt spray)of the dunes& swales to Long Island Sound would also be beneficial. • Protection and proper management of the maritime dunes that serve as a wetland buffer would increase the viability of the swales. Development within maritime dunes would likely reduce the landscape ranking factor for the maritime freshwater interdunal swales,reduce the overall quality of the occurrence, and threaten its long term viability. Note: It is important to reiterate that this assessment, and tentative community occurrence ranking, is based on the full extent of the two natural communities at this site from Great Pond to Goldsmith Inlet,and not limited to the "Great Pond Wetlands&Dunes"site depicted in the report(Lamont 2004). References Edinger,G.J., D.J. Evans, S. Gebauer,T.G.Howard,D.M. Hunt, and A.M. Olivero(editors). 2002. Ecological Communities of New York State. Second Edition.A revised and expanded edition of Carol Reschke's Ecological Communities of New York State. (Draft for review).New York Natural Heritage Program,New York State Department of Environmental Conservation,Albany,NY. Lamont,E.2004. Preliminary Environmental Assessment of the"Great Pond Wetlands&Dunes,"Southold Township, Suffolk County,New York.Botanical report prepared for Kenny Beach Civic Association. Prepared by Eric Lamont,Ph.D., Botanical Consultant,Riverhead,NY. Emb&gmrl Edxviarg Caescrumon cf New YoWs Biatwaity APPENDIX A • • Maritime Dunes Overview ofStatus in NY • Historical Occurrences in NY: Historical numbers unknown,probably about 25 to 50 very large occurrences. • Estimated Extant Occurrences in NY: There are an estimated 30 to 50 or more occurrences statewide. This number is elevated due to fragmentation of fewer, larger occurrences into more numerous smaller occurrences. • NYNHP Documented Occurrences: 2004: 8 extant occurrences. • NYNHP Documented Occurrences with Good Viability: 2004: 8 occurrences with good viability(A-to BC-ranked). • Protected Occurrences in NY: 2004: 7(88%)occurrences are on public land or private conservation land. 5 (63%) are on state park land and 2 (25%)are on federal land. • Historical Acres in NY: Historical acres unknown,probably about 150 to 200 miles covering 19,000 to 25,000 acres(very rough estimate). • Estimated Extant Acres in NY: There are an estimated 145 miles of maritime dunes on Long Island(about 100 miles on the south shore)covering about 5,300 to 15,800 acres. • NYNHP Documented Acres: 2004: 2,014 acres mapped. • Distribution in NY: Restricted to the ocean shoreline of Long Island. Discontinuous patches of maritime dunes occur from Rockaway Point east to Jones Beach, where the dunes become larger and less fragmented (e.g., Fire Island Wilderness Area),and the dunes continue east until the shore grades into morainal bluffs at Montauk Point. Smaller examples(<5 miles long each)occur in the Peconic Bay and along the north shore of Long Island. I. • State Exemplary Site(s): FIRE ISLAND, JONES BEACH ISLAND,WALKING DUNES Summary of NYNHP Occurrences: Rank Size Survey Site County Town AB 889 Jones Beach Island Nassau/Suffolk Oyster Bay,Babylon,Hempstead AB 190 Walking Dunes Suffolk East Hampton AB 125 Atlantic Double Dunes Suffolk East Hampton B 69 Nissequogue River Suffolk Smithtown BC 496 Fire Island Democrat Pt. Suffolk Islip, Babylon BC 145 Napeague Dunes Suffolk East Hampton BC 85 Plum Island Suffolk Suffolk Southold BC 14 Northwest Creek Mouth Suffolk East Hampton Draft Element Ranking Specifications A Rank Specifications: Minimum size 60 acres with"A"condition and landscape setting. B Rank Specifications: Minimum size 30 acres with"A"condition and landscape setting. Minimum size 60 acres with"B"condition and landscape setting. C Rank Specifications: Minimum size 10 acres with"A"condition and landscape setting. Enalxling aryl E nfianang Casvwicn cf NewYo k's B ahem ty APPENDIX B . • Maritime Freshwater Interdunal Swales Ove-rview of Status in NY • Historical Occurrences in NY: Historical numbers unknown,probably less than 50 sites. • Estimated Extant Occurrences in NY: There are an estimated 20 extant occurrences statewide.Most sites consist of a group of several swales. • NYNHP Documented Occurrences: 2004: 5 extant occurrences. • NYNHP Documented Occurrences with Good Viability: 2004: 5 occurrences with good viability(A-to B- ranked). • Protected Occurrences in NY:At least two sites protected:Napeague Dunes and Atlantic Double Dunes. Fire Island National Sea Shore may protect some swales. • Historical Acres in NY: Historical acreage unknown,probably less than 1000 acres. • Estimated Extant Acres in NY: Probably less than 1000 acres extant. • NYNHP Documented Acres: 2004: 287acres mapped. • Distribution in NY: Restricted primarily to the southern coast of Long Island and Fire Island,with smaller examples in the Peconic Bay and along the"North Fork"of Long Island in the coastal lowlands of Suffolk County.New York is in the central part of the range from New England south to New Jersey(or possibly farther). • State Exemplary Site: NAPEAGUE DUNES Summary ofNYNHP Occurrences: Rank Size Survey Site County Town A 27 Napeague Dunes Suffolk East Hampton AB 125 Atlantic Double Dunes Suffolk East Hampton B 25 Walking Dunes Suffolk East Hampton B 5 Promised Land Suffolk East Hampton B 5 Hospital Point Suffolk Brookhaven Element Ranking Specifications(NYNHP 1995) Occurrence Specs: minimum size: 2 acres to map.Need at least 50%cover of vegetation consisting of characteristic native species and less than 50%cover of exotics.Interdunal swales occur in a mosaic with dunes as multiple patches within the dune matrix. One occurrence includes all the swales within a contiguous area of maritime dunes. Map to the same boundary as the dunes. A Rank Specs: minimum size: 100 acres of interdunal swales within a larger matrix of maritime dunes,with minimal disturbance and few or no exotic species;and surrounded by little-disturbed matrix of maritime dunes. B Rank Specs: minimum size: 20 acres of interdunal swales in good condition with minor disturbance, or m nimum of 5 acres in excellent,pristine condition within a larger matrix maritime dunes. Some exotics or disturbance may be present,but recovery potential is very good. C Rank Specs: minimum size: 2 acres of interdunal swales in fair condition, either starting to recover from past disturbance,or recently disturbed or altered. Set in a matrix of disturbed dunes -which may be partly developed; poor recovery potential. D Rank Specs: minimum size: 2 acres of interdunal swales in poor condition,with 25 to 50%cover of exotics, isolated from dunes by development or surrounded by very disturbed or altered dunes,with little or no recovery potential. Enabling and Erdaznang Co serrtttm cf Ne,York's Biaahmity Buffering natural communities for community persistence Timothy G. Howard, draft 21 January 2004 New York Natural Heritage Program thoward@tnc.org Abstract To maintain ecological integrity of high quality natural community occurrences, conservation efforts have to extend beyond the community's edge. In this project, we synthesize literature and expand on previous buffering efforts by utilizing a GIS to dynamically buffer communities based on local factors. Our goal is to automatically delineate areas that are important in maintaining the targeted natural community's integrity. We used EPA Multi-Resolution Landscape Characteristics to identify additional wetlands adjacent to significant palustrine communities, 30m Digital Elevation Models to determine slope and flow direction, and USDA Soil Survey data (SSURGO) for soil credibility information. For palustrine communities, we began by adding adjacent wetlands to the natural community boundary. We then buffered this polygon by 163m, the 75%quantile for the 33 recommended buffer values found in the literature. Buffers over land sloping into the wetland were increased, with the increase contingent on slope percent and soil erodibility. Because threats vary by system, we treated estuarine and terrestrial natural communities differently. We are applying this model to all significant natural communities at the county level. This is the first effort we are aware of to dynamically vary buffer distances based on multiple factors. Additional information This document describes our efforts to use raw Natural Heritage element occurrence data to provide interpreted information to land use planners. Namely, we have developed a GIS-based decision matrix and a set of AML (Arc Macro Language) routines to buffer element occurrences at varying widths depending on local conditions. Here, I only discuss buffering natural community occurrences, but we have also developed similar routines for both rare plant and rare animal occurrences. Overall, since the communities buffered in this project represent high-quality examples of each community type (e.g., these are some of the best in the state), we take a conservative approach. Thus, the goal of this project, as far as natural communities are concerned, is to describe an area surrounding the natural community in which all contributors to that target natural community are self-sustaining, thereby making the target natural community as self sustaining as possible. (A great quote: "Conservation efforts for amphibians that concentrate solely on wetlands likely will fail without consideration of the adjacent terrestrial habitat"Dodd and Cade (1998)). Furthermore, our goals are intended to exceed the distance required for buffers to act as filters for sediment removal (note negative effects of sediment Werner and Zedler 2002) and chemicals in solution (see Woo &Zedler 2002). Indeed, buffers designed solely for water quality are much smaller than those designed with wildlife and plants in mind (e.g., Trimble & Sartz 1957, Swift 1986, Osborne & Kovacic 1993). Thus, our buffers should also mitigate for water quality in wetlands. While there are excellent data suggesting large buffers of 1 to 2 km are required to maintain species New York Natural Heritage Program A Partnership between The Nature Conservancy and the NYS Department of Environmental Conservation 625 Broadway,5' Floor Albany,NY 12233-4757 (518)402-8935 Fax(518)402-8925 www.nry ho orn richness in wetlands (Findlay& Houlahan 1997, Pope et al. 2000), we based our criteria on a series of other papers indicating an importance of buffers in the range of 100-300 in. Also, researchers have noted a directional component to amphibian movement away from wetlands (Dodd & Cade 1998). Unfortunately, no data exist that would allow us to incorporate this type of information into this buffer delineation effort. From the perspective of the developed land, the effects of roads have been well studied(Trombulak & Frissell 2000). These effects are known to extend tens to hundreds of meters away from the road edge, depending on the effects of interest (Forman & Alexander 1998, Forman & Deblinger 2000). These types of studies emphasize the importance of maintaining natural communities at some distance from roads. (Also a review on the biological consequences of fragmentation: Saunders et al. 1991) For each system described below, I outline the main threat buffering is trying to mitigate. Community types Estuarine: Upland buffers will not greatly mitigate hydrologic threats to estuarine systems, as most of the hydrologic influence is from the tidal flushing of the estuary. Yet, upland buffers will help mitigate: 1. Habitat destruction, 2. Overland flow and deposition of suspended solids, and 3. Alteration of surface water levels and stream flow patterns (Shisler et al. 1987). The goal for estuarine communities is to minimize these impacts. We use the recommended distances in Shisler et al ( 1987) who vary the distance based on low intensity and high intensity land use and broad community classifications (salt marsh, freshwater tidal marsh, and hardwood swamp). To achieve these buffers, we used the following steps: 1) Evaluate cells adjacent to the estuarine natural community. Add all wetland cells to the natural community polygon to create a base polygon of all adjacent wetlands. Attribute these cells with the natural community name of the closest natural community using spatial adjacency routines. The Hudson River is mapped as a significant natural community(tidal river), but in places mapped conservatively to low tide marks and within constraints of railroad barriers. Here, we use a more refined version of the hudson river shoreline developed by the Hudson River Estuarine Research Reserve and DEC on their submerged aquatic vegetation beds project. 2) Create a temporary 100 in buffer around the base polygon (created in #1, above) in which to evaluate land use intensity. 3) The goal in this step is to find the high intensity land use sites. Within the 100 in buffer, select all high intensity land use cells (MRLC # 3,4: high density residential, commercial/industrial) and buffer them 100 m. 4) All places where the buffer generated in 43 intersects the base polygon created in #1 will receive the high intensity land use buffers, all edges of the base polygon that do not intersect with the buffers generated in #3 will receive the low intensity set of buffers. 5) Apply a buffer to the base polygon using the following criteria: For all edges identified as occurring near high intensity land use, buffer as follows: Woody tidal communities: 30 in Non-woody tidal communities: 46 in Salt marsh: 30 in New York Nattual Heritage Program A Partnership berween The Nature Conservancy and the NYS Department of Environmental Conservation 4 625 Broadway,5� Floor Albany,NY 12233-4757 (518)402-8935 Fax(518)402-8925 www nvnho.ote For all other edges: Woody tidal communities: 15 in Non-woody tidal communities: 30 in Salt marsh: 15 in Palustrine: Goal is to minimize all kinds of external disturbance to maximize community integrity and persistence of the EOs. So, the buffer should integrate land cover type, slope, and soil texture. Note that our view of the community is the full interacting assemblage of plants and animals. For example, salamander and turtle studies ARE relevant to community buffering. 1) Evaluate cells adjacent to the palustrine natural community(adjacent on the diagonal also). Add all wetland cells to the natural community polygon to create a base polygon of all adjacent wetlands. Attribute these cells with the natural community name of the closest natural community using spatial adjacency routines. Rationale: because of the potential for high rates of mixing and interchange of solutes throughout wetlands, the quality of one portion of a wetland is strongly dependent on the quality of all other portions of the wetland. Thus, as a base, all abutting wetlands to a significant wetland natural community should, by default, be included in any buffering process. 2) Add a baseline buffer of 163 meters. Rationale: this value is the 75% quantile for the 33 values for recommended buffers in the literature (Table 1). This distance encompasses 25 of the 33 values. These 33 buffers are restricted to those posited as what would be needed to maintain animal, plant, or natural community assemblages. 3) Assess the proportion of forest cover within the buffer polygon. If forest in buffer is <50% total buffer, increase buffer length by 50m in the forested areas. Rationale: throughout NY, forested land is a much better wetland buffer than agricultural fields, pastureland, old fields, and most other non- forested lands. Thus, we should consider the forested portions of buffers around wetlands with a low proportion of forested buffer as more important, and use this technique to increase the amount of forested buffer. As an aside, note that trout streams need to be more than 80% forested cover to maintain trout populations (Barton et al. 1985). 4) Assess cover type and slope. IF cover type is forest, -and slope is away from wetland, don't alter buffer -and slope is towards wetland, increase buffer distance with a formula of 2.0 X (slope%) (Swift 1986, general forest management areas) (note that the extra 50m in step #3 could easily be applied here, after polygons are attributed as greater or less than 50%cover) IF cover type =non forested(&terrestrial) And slope is away from wetland, don't alter buffer And slope is towards wetland, increase the buffer based on soil erodibility, as follows (if SSURGO is not available, forego the following and increase buffer distance by: 3.86 X (slope%) (Swift 1986, moderate erosion soils)). - Using the SSURGO layer joined to a modified table containing averaged Kfact values. These averaged values were obtained by averaging Kfact in the first two layers (LAYERNUM) for each SEQNUM and then calculating a weighted average across all SEQNUMs for each MUID. (see Appendix 1 for more detail). - For each MUID use the following cutoffs to generate three levels of soil erosion New York Natural Heritage Program 4 A Partnership between The Nature Conservancy and the NYS Department of Environmental Conservation 625 Broadway,5' Floor Albany,NY 12233-4757 (518)402-8935 Fax(518)402-8925 w ..nvnho.ore hazard: 0-0.22 = low, 0.23-0.40 = Moderate, 0.41-0.64 =High. Create a layer that merges all polygons into these classes; for missing values, use `low'. Apply the following buffer for each of these erosion hazard types (Swift 1986): - Low: 2.98 X (slope%) - Moderate: 3.86 X (slope%) - High: 4.78 X (slope%) The rationale for increasing buffer by slope, even though particulates would be caught anyway in existing buffer is: we want the existing buffer to be a fully interacting sustainable community. Thus, any sediment should be caught before entering what we consider the main portion of the buffer. Terrestrial: Matrix forests: no buffer. These are large enough to be self sustaining(Matlack 1994, Spellerberg 1998, Mladenoff et al. 1994). Here, we define matrix forests as any natural community occurrence (or cluster of adjacent occurrences) greater than or equal to 2000 acres. Natureserve EO specs define matrix communities as greater than around 5000 acres. Our frequency distribution of sizes suggests 2000 acres is a good cut-off between large patch and matrix. This is pretty arbitrary, as much smaller occurrences could be considered matrix as well. Small and large patch: Goals for terrestrial are mainly to deter negative direct human impacts. Follow rules of Palustrine, but begin at step 2 (but skip step 3) and use a baseline of 15m (-50ft, as per Shisler et al. 1987). 1) Add a baseline buffer of 15 meters to the small patch terrestrial community. Rationale: This reflects the 50 foot baseline suggested in Shisler et al. 1987. 2) Assess cover type and slope of buffer: IF cover type is forest, -and slope is away from the small patch terrestrial community, don't alter buffer -and slope is towards the small patch terrestrial community, increase buffer distance with a formula of: 2.0 X (slope%) (Swift 1986, general forest management areas) IF cover type =non forested (&terrestrial) And slope is away from wetland, don't alter buffer And slope is towards wetland, increase the buffer based on soil erodibility, as follows (if SSURGO is not available, forego the following and increase buffer distance by: 3.86 X (slope%) (Swift 1986, moderate erosion soils)). - Using the SSURGO layerjoined to a modified table containing averaged Kfact values. These averaged values were obtained by averaging Kfact in the first two layers (LAYERNUM) for each SEQNUM and then calculating a weighted average across all SEQNUMs for each MUID. (see Appendix 1 for more detail). - For each MUID use the following cutoffs to generate three levels of soil erosion hazard: 0-0.22 = low, 0.23-0.40 =Moderate, 0.41-0.64 =High. Create a layer that merges all polygons into these classes; for missing values, use `low'. - Apply the following buffer for each of these erosion hazard types (Swift 1986): New York Natural Heritage Program 4 A Partnership between The Nature Cbmeo=cy and the NYS Department of Environmental Conservation 625 Broadway,5�Floor Albany,NY 12233-4757 (518)402-8935 Fax(518)402-8925 w .nmho.orn - Low: 2.98 X (slope%) - Moderate: 3.86 X (slope%) - High: 4.78 X (slope%) End. Table 1. Citation Distance Value For what? used(m) Findlay& Houlahan 1997 1-2km 1000 Plant richness in wetlands Findlay & Houlahan 1997 0.5-lkm 500 Bird richness in wetlands Findlay & Houlahan 1997 >2km 2000 Herptile richness in wetlands Findlay & Houlahan 1997 >2km 2000 Mammal richness in wetlands S ellerber 1998 15-50m 15 Edge effects into interior forests Burke & Gibbons 1995 275m 275 1 Full protection of turtle nests Burke & Gibbons 1995 73m 73 90% protection of turtle nests Semlitsch 1998 164m 164 95% of salamander population Ehrenfeld & Schneider 1991 91m 91 Protect Atlantic white cedar populations Matlack 1994 92m 92 Piedmont forest edge effects into interior Angold 1997 200m 200 Reduce edge effects of heathland vegetation Spackman & Hughes 1995 28.8m 28.8 Mean minimum corridor width along stream to achieve 95% species richness, trees, shrubs, herbs Spackman & Hughes 1995 161.7m 161.7 Mean minimum corridor width along stream to achieve 95% species richness, birds Mladenoff et al. 1994 1 oom 100 Distance needed to make forests have interior Following is from Fischer& Fischenich 2000 Brosofske et al. 1997 >45m 45 Maintain microclimate gradient near streams Burbrink et al. 1998 100-1000 100 Maintain reptile and amphibian diversity Rudolf and dickson 1990 >30m 30 Amphibians, reptiles, other vertebrates Bulhmann 1998 >135m 135 Turtles Dickson 1989 >50m 50 Gray squirrel Erman, et al. 1977 >30m 30 Benthic invertebrates adjacent logging Moring 1982 >30m 30 Allow fish eggs to develop Darveau et al. 1995 >60m 60 Forest dwelling birds Hodges and krementz 1996 >loom 100 Maintain assemblages of neotro ical birds Mitchell 1996 >loom 100 Breeding habitat for birds Tassone (1981) >50m 50 Neotro ical migrants Triquet et al 1990 >loom 100 Neotropical migrants New York Natural Heritage Program 4 A Partnership between The Nature Conservancy and the NYS Department of Environmental Conservation 625 Broadway,5�Floor Albany,NY 12233-4757 (518)402-8935 Fax(518)402-8925 www.nvnho.ore • Kil o et al 1998 >500m 500 Maintain complete avifauna community Keller et al 1993 >100 100 Nesting habitat for area-sensitive s eices Gaines 1974 >loom 100 Yellow billed cuckoo Vander haegen and degraaf 1996 >150 150 Reduce edge related nest predation Whitaker and montevecchi 1999 >50 50 Support low densities of interior species Hagar 1999 >40 40 Provide benefit to forest birds Lambert & Hannon 2000 loom 100 Conserved ovenbird numbers in riparian buffer after logging beyond buffer. Papers addressing buffering for solutes (N, P; Osborne & Kovacic 1993), sediments (Swift 1986, Trimble & Sartz 1957), and pesticide spray release (Kleijn & Snoeijing 1997) are not included in Table 1. Literature cited Angold P.G. The impact of a road upon adjacent heathland vegetation: effects on plant species composition. Journal of Applied Ecology 34,409-417. 1997. Barton D.R., Taylor W.D. &Biette R.M.Dimensions of riparian buffer strips required to maintain habitat in southern Ontario streams.North American Journal of Fisheries Management 5,364-378. 1985. Burke V.J. &Gibbons J.W.Terrestrial buffer zones and wetland conservation: A case study of freshwater turtles in a Carolina Bay. Conservation-Biology.1995; 9(6) 1365-1369. 1995. Dodd C.K.&Cade B.S. Movement patterns and the conservation of amphibians breeding in small,temporary wetlands. Conservation Biology 12[2], 331-339. 1998. Ehrenfeld J.G. &Schneider J.P. Chamaecyparis thyoides wetlands and suburbanization: effects on hydrology, water quality and plant community composition. Journal of Applied Ecology 28,467490. 1991. Findlay C. &Houlahan J. Anthropogenic correlates of species richness in southeastern Ontario wetlands. Conservation Biology[CONSERV.BIOL.].Vol.11,no.4,pp.1000-1009.Aug 1997. 1997. Fischer R.A.&Fischenich J.C. 2000.Design recommendations for riparian corridors and vegetated buffer strips. 17 pp. Vicksburg,MS,US Army Engineer Research and Development Center,Environmental Laboratory. Forman R.T.T. &Alexander L.E. Roads and their major ecological effects.Annual Review of Ecology and Systematics 29, 207-231. 1998. Forman R.T.T.&Deblinger R.D. The ecological road-effect zone of a Massachusetts(U.S.A.) suburban highway. Conservation Biology 14[l],36-46. 2000. Kleijn D. &Snoeijing G.I.J. Field boundary vegetation and the effects of agrochemical drift: Botanical change caused by low levels of herbicide and fertilizer. Journal-of-Applied-Ecology.Dec., 1997;34(6) 1413-1425. 1997. Lambert J.D. &Hannon S.J. Short-term effects of timber harvest on abundance, territory characteristics,and pairing success of ovenbirds in riparian buffer strips.The Auk 117[3],687-698. 2000. Matlack G.R. Vegetation dynamics of the forest edge-trends in space and successional time. Journal of Ecology 82, 113- 123. 1994. Mladenoff D.J.,White M.A., Crow T.R. &Pastor J.Applying principles of landscape design and management to integrate old-growth forest enhancement and commodity use. Conservation Biology 8[3], 752-762. 1994. New York Natural Heritage Program 4 A Partnership between The Name Conservancy and the NYS Depattmerm of Environmental Conservation 625 Broadway,5� Floor Albany,NY 122 3 3-4 7 57 (518)402-8935 Fax(518)402-8925 wwwnvnho ore 0 Osborne L.L. &Kovacic D.A. Riparian vegetated buffer strips in water-quality restoration and stream management. Freshwater Biology 29,243-258. 1993. Pope S.E., Fahrig L. &Merriam H.G. Landscape complementation and metapopulation effects on leopard frog populations. Ecology 81[9],2498-2508.2000. Saunders D.A.,Hobbs R.J. &Margules C.R. Biological consequences of ecosystem fragmentation: a review. Conservation Biology 5[l], 18-32. 1991. Semlitsch R.D.a.Biological delineation of terrestrial buffer zones for pond-breeding salamanders. Conservation- Biology.Oct., 1998; 12 (5) 1113-1119. 1998. Shisler J.K.,Jordan R.A. &Wargo R.N. 1987. Coastal Wetlands Buffer Delineation. -111.New Brunswick,New Jersey, New Jersey Agricultural Experiment Station. Spackman S.C. &Hughes J.W.Assessment of minimum stream corridor width for biological conservation: species richness and distribution along mid-order streams in Vermont,USA. Biological Conservation 71, 325-332. 1995. Spellerberg I.F. Ecological Effects of roads and traffic: a literature review.Global Ecology and Biogeography Letters 7, 317- 333. 1998. Swift L.W. Filter strip widths for forest roads in the southern Appalachians. Southern Journal of Applied Forestry 10, 27-34. 1986. Trimble G.R. & Sartz R.S. How far from a stream should a logging road be located?Journal of Forestry,339-341. 1957. Trombulak S.C. &Frissell C.A.Review of ecological effects of roads on terrestrial and aquatic communities. Conservation Biology 14[l], 18-30.2000. U.S. Department of Agriculture,Natural Resources Conservation Service. Soil Survey Geographic(SSURGO)Data Base; Data Use Information. 31 pages with appendices. 1995.Fort Worth,Texas. Werner K.J. &Zedler J.B. How sedge meadow soils,microtopography, and vegetation respond to sedimentation.Wetlands 22[3],451466. 2002. Woo I. &Zedler J.B. Can nutrients alone shift a sedge meadow towards dominance by the invasive Typha X glauca? Wetlands 22[3], 509-521. 2002. New York Natural Heritage Program - A Partnership between The Nance Conservancy and the NYS Depaament of Environmental Conservation 625 Broadway,5a Floor Albmy,NY 12233-4757 (518)402-8935 Fax(518)402-8925 www.nvuho.om Appendix 1. Averaging Kfact values for each soil polygon I imported the layer and comp tables into MS Access and did the following to the data(filename = SoilData.mdb.) 1. From the SSURGO "layer.daf' table (U.S. Department of Agriculture, Natural Resources Conservation Service 1995), average kfact values by MUID,by SEQNUM. Use only the layers 1&2, as the only kfact values for layer 3 were 0 and, in most cases indicated bedrock (some values for 2 also equaled 0 and at this time are still averaged in). 2. Sum COMPPCT in the comp.dat table by MUID. These values do not sum to 100 and thus this intermediary step is needed to get true proportions for the reported values. 3. Calculate the proportion of each soil component (SEQNUM)by dividing COMPPCT by SumCOMPPCT (=PropCOMPPCT). 4. For each SEQNUM within each MUID, multiply PropCOMPPCT by AverageKfact and sum these values across SEQNUM within each MUID. This is the final, single Kfact value for each MUID. New York Natural Heritage Program - A Partnership between The Nature Conservancy and the NYS Department of Environmental Conservation 625 Broadmy,5' Floor Albany,NY 12233-4757 (518)402-8935 Fax(518)402-8925 ..nynho.ore E �gpFFO(,��, Albert J. Krupski, President �V Q Town Hall James King,Vice-President = Q'y� 53095 Route 25 Artie Foster y - P.O. Box 1179 Ken Poliwoda = Southold, New York 11971-0959 Peggy A. Dickerson '1'�Q �0�' Telephone (631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 13, 2004 Mr. James Fitzgerald,Jr. Proper-T Permit Services P.O. Box 617 Cutchogue, New York 11935 Re: Gregory Mazzanobile SCTM# 59-1-21.6 and 21.7 Permit No.5631 Dear Mr. Fitzgerald: The Board of Town Trustees is in receipt of your letter regarding the above referenced permit. The Trustees would like you to apply for an amendment to the permit to make the changes, which were required by the NYSDEC. Enclosed is a copy of the application for an amendment. There is a $50 fee. Sincerely,eerel �/ , iC �" LA� Heather Tetrault Environmental Technician Great fond Wetland Preservation Committee Kenne 's Beach Civic Association Box 881 V Southoll NI D ugust 28, 2004 Southold Town Board of Trustees SEP — 7 Z004 Southold,New York Dear sirs and madam: Southold Toren Board of tees Thank you for your kind attention to our concerns w Tcrus we presented at your recent meeting of August 18, 2004. We are writing to appeal the granting of a 1-year extension to the Wetland Permit on the Mazzanobile application for SCTM#59-1-21.6 & 21.7. We feel we were not given an opportunity to voice our strong objection to the granting of this permit. We are in receipt of, and have submitted to you (with Heather Tetreault at the Aug. 18 meeting), a copy of the survey which Mr.Mazzanobile submitted to obtain a Suffolk Co. DEC permit. That survey was significantly different from the one on which you based your approval in the following ways: 1. The new survey shows stairs on the N.W. corner of the house. 2. The septic tank has been relocated. 3.The size of house and deck area has been changed. 4.The west walkway has been removed-center walkway has been repositioned. 5 The location of retaining wall has changed. 6.The septic system is now closer to a neighboring private well. We are requesting Mr. Mazzanobile be required to file an amendment to his application to reflect these changes. We also request that a SEQRA study be done on this entire area. As a result of the botanical report we have submitted to you which identifies this area as an extensive "maritime freshwater interdunal swale"(listed as globally and locally rare by the New York Natural Heritage Program), we feel this is both prudent and essential for the health and well being of our wetlands. We are also requesting that this area be re-flagged to delineate the existing wetlands in view of all the changes being proposed. As you know,the applicant has submitted 7 or 8 different surveys over a 2-year period. During this time, he has changed his original plans on each survey. The original wetland flags have been removed, blown down or knocked over and none are now in place except for a few near one of the proposed septic systems. We respectfully request that you advise us of your decision in these matters. Sincerely, Lillian Ball, chairperson ��5 -33 • 0 • cc. John Pavacic Regional Permit Administrator, Department of Environmental Conservation Peter Scully Department of Environmental Conservation George Brown Suffolk County Dept Of Waste Management Ref# R10-02-0097 Mark Terry Southold Town Planning Board Ruth Oliver Southold Town ZBA Joshua Horton Supervisor Town Of Southold John Romanelli Southold Town Council Mike Verity Southold Town Building Dept. Mike Vissichelli-Acting Chief Us Army Corps Of Engineers Senator Kenneth Lavalle Assemblywoman Patricia Acampora Representative Tim Bishop Attached: Botanical Report and Wetland Maps August 2004 New York: State Department of —Environmental Conservation, Cursing or =n UNY, Stony Bro ik, Building 40 - SUN}', Stony Brook, NY 11790-2356 Telephone (631) 444-0404 Facsimile (631) 444-0360 Website: www.decstate.n}'.es Erin M. Crotty Commissioner July 26, 2004 Mr. Gregory Mazzanobile 230 East 48'1' Street (Apt. -;C) New York, NY 10017 RE: 1-4738-03032/00001 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enc]osiz�« your pa' - Please rcad all condition; carefully. if you are l.ulable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, Marilyn E. P, erson EnvironmeiYtal Analyst MEP/ls NSW YORK STATE DEDARTMEN-OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBEF. 1 EFFECTIV E D;-,TS 1-4-38-030"2/00001 Aft re i I Juiv 26. 2004 FACILITY/PROGRAM NUP,gBEP,;S' PERMIT EXPIRATION DATEiC, i � Under the Environmental I July 31, 2009 Conservation Law TYPE OF PERMIT ■ New Renewal ❑Modification 7 Perm t to Construct ❑ Permit to Operate Article 15, Title E: Protection of kNaters 6NYCRR 608. Water Quality ❑ Article 27, Title 7: 6NYCRR 360. Article 15, Title 15: Water Supply Certification Solid Waste Management ❑ Article 15, Title 15: Water Transport ❑ Article 17, Titles 7, 8: SPDES ❑ Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management .Article 19. Air Pollution Contro; ❑ Article 15, Title 15: Long Island Wells C Article 34: Coastal Erosion ❑ Article 23, Title 27: Mined Land 7) Article Article 15, Title 27: Wild, Scenic and Reclamation Recreational Rivers o Article 24: Freshwater Wetlands ❑ Article 36: Fioodplain Management ❑ Articles 1, 3, 17, 19, 27, 37; ❑Article 25: Tidal Wetlands 6NYCRR 380. Radiation Control PERMIT ISSUED TO TELEPHONE NUMBER PERMIT Mazzanobile (212) 838-3776 i ADDRESS OF PERMITTEE 230 East 48'" Street, to t. 5C), New York, NY 10017 CONTACT PERSON FOR PEP,MITTED WORK TELEPHONE NUMBER James E. Fitz erald, P.O. Box 617. Cutcho ue, NY 11935 (631) 734-5800 NAME AND ADDRESS OF PROJECT/FACILITY Mazzanobile property, 1300 & 1460 Lake Drive, Southold COUNTY TOWN WATERCOURSE NYTM COORDINATES j Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIVITY. Construct single family dwelling, decks and septic system. All work must be done in 7anC ! I with the attached survey prepared by Joseph Ingean�, on 3/28/02 last revised on 711/ stamped NYSDEC approved on 7/26/04 By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2 & 3) and any Special Conditions included as part of this permit. RP ER _MIT ADMINISTRI,T0,, ADDF;cSS Region / Fieaaquarters oger Evans (IJIEP) Bidq. #40, SUNY, Stony BI-ool;. IJY 11790-2356 AllTHORI_En SIGN,ATURF nt.T Page 1 of Juht 27 2004 I NPP YORF:STATE DEPARTMENT O°cNVIR,ONMENTA'-CONSERVATION I SPECIAL CONDITIONS i1. Any.^'ork, disturbance, and storage of construction materials shall be confined 10 within the "'Limit of Clearing and Ground Disturbance` as shown on the approved plan. 2. Prior to commencement of any construction activities. a continuous row of straw bales shall be staked end to end along the upland edge of the Duffer zone. The bales shall be maintained, repaired and replaced as oftern as necessary to ensure proper function, until all disturbed areas are permanently vegetated. The average useful life of a bale is approximately 3-4 months. Sediments trapped by the bales shall be removed to an approved upland location before the bales themselves are removed. 3. Straw bales shall be recessed two to four inches into the ground. 4. Any demolition debris, excess construction materials, and/or excess excavated materials shall be immediately and completely disposed of on an approved upland site more than 100 feet from any regulated freshwater wetland. These materials shall be suitably stabilized so as not to re-enter any water body, wetland, or wetland adjacent area. 5. All fill shall consist of clean soil, sand and/or gravel that is free of the following substances: asphalt, slag, flyash, broken concrete, demolition debris, garbage, household refuse, tires, woody materials including tree or landscape debris, and metal objects. The introduction of materials toxic to aquatic life is expressly prohibited. 6. The driveway must be surfaced with a permeable material. 7. All equipment and machinery shall be stored and safely contained greater than 100 feet landward of the regulated wetland or water body at the end of each work day. This will serve to avoid the inadvertent leakage of deleterious substances into the regulated area. Fuel or other chemical storage tanks shall be contained and located at all times in an area greater than 100 feet landward of the regulated wetland or water body. If the above requirement cannot be met by the permittee,then the storage areas must be designed to completely contain any and all potential leakage. Such a containment.system must be approved'Dy NYSDEC staff prier to equipment, machinery or tank storage within I 100 feet of the regulated wetland or water body. 8. All areas of soil disturbance resulting from this project shall be seeded with an appropriate perennial grass, and mulched with straw immediately upon completion of the project,within two(2)days of final grading,or by the expiration of the permit, whichever is first Mulch shall be maintained until a suitable vegetative cover is established. If seeding is impracticable due to the time of year, a temporary mulch shall be applied and final seeding shall be performed as soon as weather conditions favor germination and growth. 9. Suitable vegetative cover is defined as a minimum of 85% area vegetative cover with contiguous unvegetated areas no larger than 1 square foot in size. 10. Within ninety (90) calendar days of the effective date of this permit, Permittee shall incorporate the following language as a notice covenant and deed restriction to the deed of the subject parcel: "This covenant shall serve as notification ti12t the property associated with regulated freshwater wetlands SO-S, is located on or near the properties of Gregory Mazzanobile and his heirs, assigns or successors as described in the Suffolk County Tax Map as District 1000, Section 59, Block 1, Lot 21.6, 21.7, located on Lake Drive in Southold, New York, and is therefore subject to current environmental conservation laws regarding the conduct of regulated activities on such property. Whereas, it is the responsibility of the owner of the property to obtain a current description of all regulated activities from the New York State Department of Environmental Conservation ("NYSDEC") or its successor organization for the purpose of determining what is considered a regulated activity. Performance of any regulated activity will require Prior approval by the NYSDEC or its successor. Whereas, the 50 foot area landward of the wetland boundary as shown on the attached survey and described as ,non-disturbance buffer, will be preserved and will remain undisturbed and in natural vegetation In perpetuity. The following activities in tn= preserved area are specifically pronibited clearing or cutting of vegetation, aDpiication of chemicals, excavauor,, grading, filling, construction, erection of any structures, and use of the area ior the storage of materials or debris. i DEC PERMIT NUMBEF' I � PHG_ 2 l7r I ,-4 722-03920/00002 NEv.'YORI:FTATc DE�PP.TMcNT O=ENV/IRONMENTA! CONSEFlVF T;ON I I SPECIAL CONDI I IONS I The foregoing covenants shall run with the land and are bindingthis on owner and his heirs and assigns, forever." Within ninety(90) calendardays of the effective date of this Permit, the Permittee shall have said notice covenaniand deeo resirction recorded with the Cierk of Suffolk County Within thirty (30) calendar days of the effective date of the filling with the county clerk, a copy of the notice covenant and deed restriction or other acceptable proof of record, along with the number assigned to the permit, shall be sent to NYSDFC, Regional Mianager BOH, SUNY Building 40, Stony Brook, NY 11790-2356. Any violation of these restrictions, covenants, and agreements shall cause the violator, in addition to any fines, penalties, and/or forfeitures prescribed by law, to pay for any and all reasonable legal fees and expenses incurred by any party in enforcing the covenants, restrictions, and agreements contained herein. Failure to comply with the filing of the above covenant and restrictions may result in permit revocation and/or the assessment of financial penalties against the applicant. DEC PERMIT NUM9EF I-473fi-03032/00001 � � N_VJ YOR4:STtiTE DEPP P.TMEP'-OF EN`✓IRON ME''TP.L CONSERVATION ADD;TIONAL GENERA_ COND T IONS FOR ARTICLES 4I5 (TITLE 5), 24, 25, 34 AND 6NYCRR PAP.T 608 I i FRESHWATER WETLANDS) 1. If future operations by the State of New York require_ an alteration in the position e structure authorized, or if, in the opinion of the De e t Conservation - p on of the structur, o, work herein obstruction to the free navigation of said pw waters or flood flows or endangers rthe heft shall cause us= unreasonable y or welfare of the people of the State, or cause loss or destruction of the natural resources of the State,lthe owner may be ordered by the Departmentto remove or alterthe structural work,obstructions,or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State,and to such extent and in such time and manneras the Departmentof Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. The State of New York shall in no case be liable for any damage or iniury to the structure or work herein authorized which may be caused by orresultfrom future operations undertaken by the State forthe conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 3. Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission, consent or approval from the U.S.Army Corps of Engineers, U.S. Coast Guard, New York State Office of General Services or local government which may be required. 4. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deietenous materials associated with the project,. 5. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. 7. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State,and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 8 If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies thatthe subject project wili no', contravene effluent limitations or other limitations or sianoaras under Sections 301, 302, ' 303, 3D6 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 9. At least 49 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 10 All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved survey was prepared by ,Joseph Ingeonc 3/n/02 last revived 717/0Z DEC PEWIT N')MPEF 1-47Kc-03C32/000D1 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTIFICATION O; OTHER. PERMITTEE OBLIGA7,13 NS Item A: Permittec_ AcceNcs _eaal Responsibility and Agrees to Indemnification Tne permittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives,employees, and agents("DEC")for all claims. suits, actions, and damages,to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of,the facility or facilities authorized by the permit whether in comoliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions. or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits Or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agentwitrt respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department)to determine whether the permittee is complying with this permit and the EC—L. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind anv order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires Any renewal, modification or transfer aranted by the Department must pe in writing The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF) major Air Pollution Contro! (APCI and Solid V` Ei Managemen' Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region 1, SUNY Bldg #40, Stony Brook, NY 11790-2356 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part C2! The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers, b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application, d) newiv discovered material information or a material change in environmental conditions,relevant technology or applicable lave of i regulations since the issuance of tile. existing Permit; e) noncompliance with previously issued permit conditions,orders of the commissioner. any provision:�of the Environmenta Conservation Law or regulations of the Department related to the permitted activity. `RM7 JP 1-4738-0303�/00001 PA c 5 OF 5 nv w: Ur UU nMENCEMENT O--CONSTRUCTOOR' RETURN THIS FORK'T a ;PuaNCE OR FJUK TQ: 631-444-0272 Bureau of Habitat iVYSDEC �r Building 40-SUNY r Stony Brooic, IV " 11790-2356 PERMIT NUMBER: 70� yGC �'� I �"��CG'hVI ISSUED TO: PROJECT LOCATION/ADDRESS: CONTRACTOR NAME: ADDRESS: TELEPHONE: Dear Sir: Pursuant to General Condition#9 of the referenced permit, you are hereby notified that the authorized activity shall commence on . We certify that we have read the referenced permit and approved plans and fully understand the authorized proieci and all permit conditions.We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plans. We can do so in full compliance with all plan notes and permit conditions.The permit sign., permit and approved plans will be available at the site for inspection in accordance with general Condition No. 1. (Both signatures required) PERMITEE DATE CONTRACTOR DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND /OR ANYASSOCIATED REGULATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. Dut along this line .................x x y� ......................................................................................................................................................................... NOTICE OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO: COMPLIANCE OR FAX TO: 631-444-0272 Am Bureau of Habitat NYSDEC INNEW Building 40-SUM' NOW Stony Brook, NY 11790-2356 HERMIT NUMBER: ISSUED TO: 'ROJECT LOCATION/ADDRESS: ,ONTRACTOR NAME-: ADDRESS: TE�-EPHONE: )ear Sir: 'ursuant to General Condition#9 of the referenced permit,you are hereby notified that the authorized activity was completed on . We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures required) PERMITEE DATE CONTRACTOR DATE N!S NOTIC=, WITH PHOTO u o MPLETED SURVEY, AS APPROPRIATE, MUST SE TENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMLETION OF THE PROJECT 95-20-1 (1 1,02)-9d New York State Department of Environmental Conservation �N 0 T I C E The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further informatioe i regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Regional Permit Administrator Permit Number -v � �030�J Gam/ Expiration Date 3/110200 NOTE: This notice is NOT a permit g$SFF014, Albert J. Krupski, President O�� CQ Town Hall James King, Vice-President =� G'y� 53095 Route 25 Artie Foster Co - P.O. Box 1179 Ken Poliwoda ar Southold, New York 11971-0959 Peggy A. Dickerson w OyifjO aQ� Telephone (631) 765-1892 1 '# Fax (631) 765-1366 BOARD OF TOWN TRUSTEES September 1, 2004 TOWN OF SOUTHOLD Mr. James Fitzgerald, Jr. Proper-T Permit Services P.O. Box 617 Cutchogue, N.Y. 11935 Re: Gregory Mazzanobile SCTM# 59-1-21.6, 21.7 Dear Mr. Fitzgerald: Our office has been notified that the NYSDEC permit on the above referenced property has been issued recently, and has several changes from the one issued by the Trustees. Please send our office a copy of the permit and plan approved the NYSDEC, and notify the owner that they will need an amendment to their Town Trustee permit if there are changes. Thank you very much. Sincerely, Heather Tetrault Environmental Technician OSUFFO(,(C Albert J. Krupski, President 0� QG Town Hall James King,Vice-President = 'y� 53095 Route 25 Artie Foster P.O. Box 1179 h Ken Poliwoda Southold, New York 11971-0959 Peggy A. Dickerson y�� 0�� Telephone (631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES September 1, 2004 TOWN OF SOUTHOLD Mr. James Fitzgerald, Jr. Proper-T Permit Services P.O. Box 617 Cutchogue, N.Y. 11935 Re: Gregory Mazzanobile SCTM# 59-1-21.6, 21.7 Dear Mr. Fitzgerald: Our office has been notified that the NYSDEC permit on the above referenced property has been issued recently, and has several changes from the one issued by the Trustees. Please send our office a copy of the permit and plan approved the NYSDEC, and notify the owner that they will need an amendment to their Town Trustee permit if there are changes. Thank you very much. Sincerely, Heather Tetrault Environmental Technician i gUFFO(,� Albert J. Krupski, President ��0 CQG Town Hall James King,Vice-President = �� 53095 Route 25 Artie Foster y P.O. Box 1179 Ken Poliwoda y. • Z Southold, New York 11971-0959 Peggy A. Dickerson G�� Telephone(631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 13, 2004 Mr. James Fitzgerald, Jr. Proper-T Pen-nit Services P.O. Box 617 Cutchogue, New York 11935 Re: Gregory Mazzanobile SCTM# 59-1-21.6 and 21.7 Permit No.5631 Dear Mr. Fitzgerald: The Board of Town Trustees is in receipt of your letter regarding the above referenced permit. The Trustees would like you to apply for an amendment to the permit to make the changes, which were required by the NYSDEC. Enclosed is a copy of the application for an amendment. There is a$50 fee. Sincerely, -412a- alA - Heather Tetrault Environmental Technician 18 • The Suffolk Times • September 9, 2004 Call to save Great Pond Attention focused on wetlands area What's a"Maritime Freshwater Interdunal Swale?" Well, if you stroll along what locals call "The Loop," formed by Lake Drive and Leeton Drive at Kenny's Beach in Southold, it's that 10 acres of sandy,vacant land in the middle.The area is home to a unique ecosys- tem that includes native cranberries, insect- eating sundew plants and a rare flower,the Iris prismatica,and acts as a filter for Great Pond just to the south, according to a new study commissioned by the Kenney's Beach.; Civic Association. In a grassroots effort,the group is reaching out to Southold Town,the Peconic Land Trust and others to find a way to preserve the land from development. "It's a miracle it hasn't been built on * '' already,"said Lillian Ball,chair of the associ- ation's Great Pond wetland preservation committee."We've realized how unique it is, and we want to get the word out that it's worth preserving. It's also important for the quality of life of over 75 families in our neigh- borhood, and everyone who enjoys walking and biking in the area." The report was written by Eric Lamont, a SuffolRiverhead botanist recommended to the UHIan Ball, chairwoman of the Great Pond weUand preservation committee, and esid ninespnotobyJudyAhrens group through the state's Natural Heritage froth of the property they are trying to preserve, presldetK Chuck Luyster In Program,said Ms Ball.The site is part of an interdunal wetland system that runs between into one-acre parcels owned by different individuals, will explore opportunities for raising funds,said Ms. Goldsmith's Met and Horton's Point,a type of ter- according to a Southold Town map of tidal and fresh- Ball. rain listed as rare under the New York Natural water wetlands. The civic association oommittee is "We want this to be a situation that everyone ends Heritage Program standards getting in touch with these property owners to open up feeling good about,"she said. = Subdivided in the past,the "Loop" site is broken discussions on how preservation can be achieved,and Gwendobn Groocock Botanical Report August 2004 Preliminary Environmental Assessment of the "Great Ponds Wetland & Dunes" Southold, NY Prepared For: Kennys Beach Civic Assn. Southold, NY Prepared By: Greg Lamont, PH.D. Botanical Consultant 717 Sound Shore RD Riverhead, NY 11901 I Kennys Beach Wild Cranberry Bog Botanical Report Preliminary Environmental Assessment of the "Great Pond Wetlands & Dunes", Southold Township, Suffolk County, New York PREPARED FOR: KENNY BEACH CIVIC ASSOCIATION SOUTHOLD TOWNSHIP SUFFOLK COUNTY, NEW YORK PREPARED BY: ERIC LAMONT, PH.D. BOTANICAL CONSULTANT 717 SOUND SHORE ROAD RIVERHEAD, NEW YORK 11901 AUGUST 2004 Summary 1. The Great Pond wetland and dune system is composed of two State-rare ecological communities,with one of them currently listed as globally rare. The region is not only rare in New York State, it is rare on Earth. 2. These two ecological communities are intricately connected together and if one community is altered or disturbed,the other community will be negatively impacted 3_ The low, gently undulating dunes north of Lake Drive are classic examples of a"maritime dune"community,listed as rare by New York Natural Heritage Program(NYNHP). 4. In low areas of the maritime dune community where the land surface intersects the water table,small "cranberry bogs"occur as small, green islands among the white sand These circular islands offer suitable habitat for native cranberries and carnivorous plants called sundews. 5. The extensive"maritime freshwater interdunal swales"located north of Lake Drive are listed as rare by NYNHP. 6. These freshwater wetlands support a high diversity of plant species, including at least one rare plant,slender blue flag(Iris prismatica). 7. Another noteworthy feature of this site is its connection to Great Pond and the interdunal wetland system at nearby Peconic Dunes County Park 8. The strictest environmental laws and codes should be enforced to preserve the integrity of these delicate and sensitive ecological communities. 9. Fragmentation of this unique maritime ecosystem will result in negative environmental impacts. 10. The Great Pond wetlands and dunes are significant and unique elements of Southold's rich natural heritage that should be preserved for future generations. 2 Introduction At the invitation of the Kenny Beach Civic Association(KBCA), I conducted an on-site preliminary environmental assessment(on 8 August 2004)of an approximately 10-acre parcel of land located north of Lake Drive in Southold Township. The area is locally known as the"Great Pond Wetlands&Dunes". KBCA arranged for permission from some residents for me to walk certain properties. Further access was obtained from a Suffolk County parcel and a Southold Township parcel. Final observations were made from adjacent roadsides. A high quality aerial map(on a scale of one inch= 100 feet)of the 10-acre parcel also was provided by KBCA. The Great Pond wetland and dune system is dominated by two ecological communities: 1)maritime dunes,and 2)maritime freshwater interdunal swales. Both of these community types are listed as rare in New York by the New York Natural Heritage Program (NYNHP),and the maritime freshwater interdunal swale community is currently listed as globally rare(although NYNHP indicates that the global rank may change in the future). Before continuing with this report,the significance of the previous paragraph must be emphasized. First,NYNHP is the New York State government agency responsible for documenting and tracking rare plants, animals, and ecological communities across New York. The Heritage staff is comprised of highly trained scientists often with advanced degrees,who are experts in studying New York's biodiversity. Second,it is extremely significant,from an environmental point of view,that a relatively small, 10-acre site be composed of two State-rare ecological communities,with one of them currently listed as globally rare. This statement cannot be overstated. We are not talking about the presence of one rare plant or animal species, we are talking about an entire ecological community being rare. Additionally,a large portion of this site is"globally"rare. That means that the region is not only rare in New York State,it is rare on Earth. These two maritime communities are closely and inseparably intertwined with each other. They are connected together by an intricate and delicate balance between macro-and microscopic organisms and abiotic(non-living)factors of the environment such as hydrology, soil characteristics, and micro-habitats created by blow-outs in the undulating system of dunes. The environmental features occurring at the Great Pond wetlands and dunes comprise a unique aspect of the natural history of Southold Township,because maritime dunes and interdunal swales usually occur on the south shore of Long Island,not on the north shore. For example,these two maritime communities usually occur on Fire Island where dunes are protected and signs warn people to stay off. Long Island's north shore is characterized by tall bluffs directly bordering Long Island Sound. The area between Goldsmith's Inlet and Horton Point, however, is geologically unique. Instead of 100 foot bluffs towering above L.L Sound, this area supports a unique system of low,undulating dunes and swales, interspersed with a mosaic of extensive wetlands. I cannot think of another location on the north shore of eastern Long Island that supports such a unique and rare system of ecological communities. Another noteworthy feature of this 10-acre site is its connection to Great Pond and the interdunal wetland system at nearby Peconic Dunes County Park. This connection is most evident at low-lying points along Lake Drive that frequently flood. At these points,wetland plants form corridors linking the sites together into one large system- 3 Site Description The maritime dunes and wet imerdunal swales north of Lake Drive grade into each other and the boundaries between them are not always abruptly distinguished At low areas interspersed throughout the dunes are small "cranberry bogs"that support a diversity of sedges, rushes,and even carnivorous plants. Although these two ecological communities will now be described separately, it should be understood that they are intricately connected together and if one community is altered or disturbed,the other community will be negatively impacted Maritime Dune& This ecological community is listed"G4, SY by NYNHP. The"G" rank is the"Global"rank,while the"S"rank is the "State"rank. Globally,the maritime dune community is considered to be"apparently secure globally,though it may be quite rare in parts of its range,especially at the periphery"(Edinger et al., 2002). Along the Atlantic coast, maritime dunes are probably best developed at the Outer Banks of North Carolina. Maritime dunes are at their northern limit(periphery)on Long Island and Cape Cod,Massachusetts,and they are quite rare along the north shore of Long Island. The"SY'Heritage rank indicates that maritime dunes are considered rare in New York with only"limited acreage". The low,undulating dunes north of Lake Drive are classic examples of the maritime dune community found at Napeague Dunes in East Hampton Township and Fire Island National Seashore. The Great Pond maritime dune system is comprised of low,gently undulating dunes interspersed with unvegetated blowouts and sandflats. Characteristic plants of the dunes include beachgrass(Ammophila breviligulata), beach heather(Hudsonia tomentosa),seaside goldenrod (Sohdago sempervirens),seaside spurge(Euphorbia polygonifolia),beach plum (Prumzs maritima),bayberry(Myrica pensylvanica),jointweed(Polygonella articulatal sedge((',yperus grayn),Panic grass(Panicum amarum),and hairgrass(Deschampsia flexuosa). Tucked away among the dunes are small pockets stunted pitch pines(Pines rigida), post oaks(Quercus stellata), and black oaks(Quercus velutina),with a shrub layer dominated by black huckleberry (Gaylussacia baccata)and highbush blueberry(Vaccinium corymbosum). The pitch pines exhibit an unusual growth form whereby the lower branches grow out horizontally like aprons blanketing the low dunes. It is worth noting that these small wooded pockets resemble a "maritime pitch pine dune woodland',an extremely rare ecological community ranked"G2G3 S 1"by NYNHP. The extensive wetland system paralleling the northern boundary of the maritime dunes will be discussed in the next section. However, it is noteworthy to mention that in low areas of the maritime dune community where the land surface intersects the water table,small"cranberry bogs"occur as small, green islands among the white sand. These circular islands offer suitable habitat for cranberries(Vaccintum macrocarpon)and carnivorous plants called sundews (Drosera intermedia). 4 Maritime Freshwater Interdunal Swales. This ecological community is listed"G3G4, S2"by NYNHP,which makes it more rare than the maritime dune community. The"G3"rank indicates that maritime freshwater interdunal swales are currently regarded as globally rare,but in the future the rank may change to"G4"indicating that the community is apparently secure globally though it may be quite rare in parts of its range, especially at the periphery. A Heritage rank of"S2"is the second highest rank of rarity in New York State("S 1"=extreme rarity,"S5" =not rare("demonstrably secure")in New York). The name of this community was changed from"maritime interdunal swales"(Reschke, 1990)to distinguish the community from brackish interdunal swales. The"Great Pond Wetlands"is an extensive freshwater wetland system associated with Great Pond proper,that continues west into Peconic Dunes County Park. North of Lake Drive, these interdunal wetlands occur in low areas(swales)between dunes where the soil surface intersects groundwater level. Water levels fluctuate seasonally and annually,reflecting changes in groundwater levels. The most extensive portion of this wetland system runs west to east, parallel to Leeton Drive and directly north of the maritime dune system. Small,circular "cranberry bogs"also dot low areas among the maritime dunes directly north of Lake Drive. The extensive wetlands north of Lake Drive support a high diversity of plant species, including at least one rare plant,slender blue flag(Iris prismatica),ranked G4G5 S2 by NYNHP (Young&Weldy,2004). Characteristic species include twig-rush(Cladium mariscoi&s� beaknrsh(Rhynchospora capitellata),marsh rush(Juncos canadensis),woolgrass(Scirpus cyperimas),chairmaker's rush(Scirpus pungens),tussock sedge(Carex stricta),cranberry (Vacciniwn macrocarpon),spatulate-leaved sundew(Drosera intermedia), lance-leaved violet (Viola lanceolata),cross-leaved milkwort(Polygala cruciata),meadow beauty(Rhexia virgi uca),marsh mallow(Hibiscus moscheutos),marsh fern(Thelypteris palustrisl royal fern (Osmunda regalis var. spectabilis), marsh St. John's wort(Triadenwn virginicwn),and swamp candles(Lysimachia terrestris). Shrubs and trees bordering the wetlands include red maple (Acer rubrum),tupelo(Nyssa sylvatica),red chokeberry(Aronia arbutifolia),buttonbush (Cephalanthus occidentalis),and highbush blueberry(Vaccinium corybosum). Unfortunately, phragmites reed(Phragmites australis)has invaded the wetlands, as well as scattered individuals of purple loosestrife(Lythrum salicaria). Conclusion The maritime dunes and freshwater interdunal swales located north of Lake Drive in the Town of Southold are rare ecological communities that should be preserved for future generations. These natural communities are significant and unique elements of Southold's rich natural heritage. The strictest environmental laws and codes should be enforced to preserve the integrity of these delicate and sensitive ecological communities. Fragmentation of this unique maritime ecosystem will result in negative environmental impacts. It is imperative that Southold Township act promptly and assertively to avoid environmental degradation of the Town's rich natural history. 5 References Cited Edinger, G.J.,D.J.Evans, S. Gebauer,T.G. Howard,D.M.Hunt,and A.M. Olivero (editors). 2002. Ecological Communities of New York State. Second Edition. A revised and expanded edition of Carol Reschke's Ecological Communities of New York State. (Draft for review).New York Natural Heritage Program,New York State Department of Environmental Conservation,Albany,NY. Reschke,C. 1990. Ecological Communities of New York State. New York Natural Heritage Program,N.Y.S.Department of Environmental Conservation. Latham,NY. Young, S. M. and T. W. Weldy. 2004. New York Rare Plant Status List. New York Natural Heritage Program,N.Y.S. Department of Environmental Conservation. Albany,NY. i 6 1�1 0 "WIW 04 M ON oo Chairman 4= WOOD RICHARD CAGGL4 NO w Z Southold, New York 11 71- 9 WILLIAM J.CREMERS - O Telephone (631) 765-1938 KENNETH L.E SID RD8 y'�pl �� Fax(631) 765-3136 MARTIN H. 3 PLANNING BOARD OFFICE TOWN OF SOUTHOLD D E C E I VE 8 ��o� NOV D To: Town of Southold Trustees / `C)p Southold Tow From: Mark Terry, Senior Environmental Planner lioaM of Trustees Re: Mazzanobile, Gregory SCTM# 1000-59-1-21.6 1000-59-1-21.7 Date: November 18, 2N3 A site visit was conducted on November 18, 2003 to assess the ecological community of the parcel. The parcel is comprised of secondary dune systems with Maritime Freshwater Interdunal Swales occurring in the northeast and southwest sections of the parcel. These systems are dominated by cranberry(Vaccinium spp.). The Maritime Freshwater Interdunal Swales are generally listed in Heritage Program Element Ranks as: Global Ranks G3-Eithq rare or local throughout its range, or found locally in a restricted range, or found vulnerable to extinction throughout its range because of other factors. G4-Apparently secure globally,though may be quite rare in parts of its range, especially at the periphery. State Ranks S2-Typically 6 to 20 occurrences, few remaining individuals, acres or miles of stream, or factors demonstrably making it very vulnerable in New York State. In addition, to the above ranks,the communities are locally rare. All efforts to minimize adverse impacts from development should be applied including mandating the maximum setbacks pursuant to Chanter 97.Wetlands of the Town of Southold Code. To insure the integrity of the wetland system in the southwest section of the parcel, I recommend that that the setbacks not be t� compromised and the amendment to Permit No 5631, as �.-. :- , enled. The applicant should pursue a resolutlo'n t�irou d' - County Department of Health Services. I recommend that prior to any further approvals, the Board contact the New York Natural Heritage Program for further information regarding these significant communities. 4 CHRONOLOGY OF 21 .6 & 21 .7 NOV 8,1982 -LETTER TO GEORGIOPOULOS FROM DEPY OF HEALTH REJECTING PROPOSED SUBDIVISION JULY 1,1983 -LETTER TO GEORGIOPOULOS FROM PLANNING BOARD REQUIRING HIM TO COMPLIY WITH 2 ACRE ZONING LAIWV ENACTED MAY 20, 1983 MAY 2,2002 -APPLICATION FOR WETLAND PERMIT BY MAZZANOBILE MAY 10,2002 - NOTICE TO ADJACENT PROPERTY OWNERS MAY 13,2002 - LETTERS TO TOWN TRUSTEES IN OPPOSITION TO GRANTING PERMIT-NOTIFIED TRUSTEES OF CRANBERRY BOG,PRIVATE WELLS,POSSIBLE ILLEGAL SUBDIVISION-A SERIES OF PHOTOS DOCUMENTING FLOODING ON THE SITE JULY 20,2002 -PETTION SIGNED BY 55 RESIDENTS OPPOSING APPLICATION JULY 22, 2002 -LETTER FROM KBCA TO BOARD OF TRUSTEES OPPOSING APPLICATION SEPT 06,2002 -LETTER TO TOWN REQUESTING RE-EVALUATION OF 50FT BUFFER TO 75FT SEPT 25,2002- TOWN BOARD OR TRUSTEES APPROVES A WETLAND PERMIT BY A VOTE OF 3 TO 2 SEPT 26,2002 - LETTER TO DEPT OF HEALTH IN OPPOSITION TO GRANTING HEALTH PERMIT FOR CESSPOOL INCLUDES PETITION, KBCA LETTER IN OPPOSITION AND FLOODING PHOTOS JUNE 27,2003 -REQUEST TO BOARD OF TRUSTEES BY APPLICANT TO AMEND PERMIT TO RELOCATE CESSPOOLS JULY 15,2003 -UNANIMOUS RECOMMENDATION BY THE SOUTHOLD TOWN ADVISORY COUNCIL TO DENY AMENDMENT JULY 16,2003 -- LETTER TO TOWN BOARD OF TRUSTEES IN OPPOSITION TO THE GRANTING OF THE AMENDMENT JULY 18,2003 --PETITION BY 43 RESIDENTS OF AREA IN OPPOSITION TO THE GRANTING OF THE AMENDMENT JULY 22,2003 -LETTER TO TOWN BOARD OF TRUSTEES BY KBCA IN OPPOSITION TO THE GRANTING OF THE AMENDMENT OCT 06,2003 - LETTER TO TOWN BOARD OF TRUSTEES ADVISING THEM APPLICANT HAS FAILED TO SHOW THE ACCURATE LOCATION OF WETLAND AREAS ON HIS MOST RECENT SURVEY OCT 20,2003 - LETTER TO TOWN BOARD OF TRUSTEES ADVISING THEM SEPTIC IS LESS THAN 100 FT FROM A PRIVATE WELL MARCH 5,2004 -LETTER TO DEC OPPOSING THE GRANTING OF AN ARTICLE 24 FRESHWATER WETLAND PERMIT JULY 26,2004 --DEC GRANTS FRESHWATER WETLAND PERMIT AUGUST 2,2004 -LETTER TO DEPT OF HEALTH ADVISING THAT APPLICANTS SURVEY SHOWS THE SEPTIC SYSTEM 71 FT FROM A PRIVATE WELL AND REQUESTING TO BE NOTIFIED OF THE BOARD OF REVIEW HEARING t _ �I ti .Y itAW A { 6y� r� • ` 's yy >` ♦., of r' �.,� �a • 11 . rya, ttt GREAT POND WETLAND PRESERVATION R. gaA 44 r ^rw . t. Y � t t Y. Y a KENNEY'S BEACH CIVIC ASSOCIATION � tt GREAT POND WETLAND PRESERVATION COMMITTEE Town of Southold Freshwater Wetlands L.I. SOUND This map is a resource map and does not assume any regulatory i + authority.The map was generated to reflect wetlands of Townwide importance,and is based generally upon determination of tidal and KE N N ' freshwater wetlands as performed byY the Town Trustees New York State Department of Environmental Conservation and the U S. B EA H - Army Corps of Engineers(3 parameter approach for freshwater • wetlands).Wetlands were located using aerial photography,soil • and topographic maps with spot ground-truthing to improve / • accuracy. The map is useful as a screening tool to identify areas where wetlands are expected to occur,and will be subject to • �( site-specific field confirmation in connection with a land use or wetlands application. Vacant Parcels as of 12103 X ` PAP R X • Vacant � ! • • _ Vacant and Adjacent to Public Protected Land • �" •• = Public Protected land �. • • = Targeted preservation f GREAT POND X • d for X �,.- • • PECONIC WUNES •• • PARK • • • • • • • • • • • • • • KENNEY'S 15EACH CIVIC ASSOCIATION , PO BOX # 881, SOUTHOLD, NEW YORK 11971 Ott GREAT POND WLTLAND PRESERVATION COMMITTEE BEACH L.I. SOUND ' LE: LTQN, "_LAKE NN l yy f - a 1 y b Wt_5T DR GREAT PON K 7M Y 1 KENNLY'S BEACH CIVIC ASSOCIATION - SOUTHOLD NY �« A z_ STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 1 2 23 1-000 1 GEORGE E. PATAKI RANDY A. DANIELS GOVERNOR SECRETARY OF STATE November 4, 2004 Charles Luyster President Kenney's Beach Civic Association P.O. Box 881 Southold, NY 11971 Dear Mr. Luyster: Thank you for your letter of October 19, 2004 regarding undeveloped lands between Kenney's Road Beach and Goldsmith Inlet in the Town of Southold and your Association's efforts to protect this area. The proposed Department of State Goldsmith Inlet and Beach Significant Coastal Fish and Wildlife Habitat includes maritime dunes and maritime freshwater interdunal swales, which are rare ecological communities as identified by the New York Natural Heritage Program. These communities lie within the lands you and your organization have expressed an interest in. It is the intention of the NYS Department of State to submit the enclosed draft habitat and narrative for the proposed Goldsmith Inlet and Beach significant coastal fish and wildlife habitat for federal approval in the near future as part of the habitat designation process. Please call me at(518) 486-3108 if you have any questions about this habitat area and its proposed designation. Sincerely, G /' Michael Corey Coastal Resources Specialist Division of Coastal Resources W .DOS.STATE.NY.U5 E-MAIL: INFO@D05.5TATE.NY.U5 COASTAL FISH & WILDLIFE HABITAT ASSESSMENT FORM Name of Area: Goldsmith Inlet and Beach Designated: County: Suffolk Town(s): Southold 7'/� Quadrangle(s): Southold,NY Draft: October 12, 2004 Assessment Criteria Ecosystem Rarity(ER)—the uniqueness of the plant and animal community in the area and the physical, structural, and chemical features supporting this community. ER assessment: Narrow maritime beach and associated tidal pond, dune, and interdunal communities, the latter two rare in New York State. 64 Species Vulnerability(SV)--the degree of vulnerability throughout its range in New York State of a species residing in the ecosystem or utilizing the ecosystem for its survival. SV assessment:Documented nesting of piping plover(E,T-fed),least tern(T),and osprey(SC). Calculation: 36+(25/2) +(16/4)= 52.5 Human Use(HU)—the conduct of significant,demonstrable commercial,recreational,or educational wildlife-related human uses, either consumptive or non-consumptive,in the area or directly dependent upon the area. 0 HU assessment:No significant human use of fish and wildlife resources of the area. Population Level (PL)--the concentration of a species in the area during its normal, recurring period of occurrence,regardless of the length of that period of occurrence. 0 PL assessment: No unusual concentrations of any fish and wildlife species in the area. Replaceability (R)—ability to replace the area, either on or off site, with an equivalent replacement for the same fish and wildlife and uses of those same fish and wildlife,for the same users of those fish and wildlife. R assessment: Irreplaceable. 1.2 Habitat Index= [ER+ SV+ HU+PL] = 116.5 Significance=HI x R= 139.8 Page 1 of 5 NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT NARRATIVE Goldsmith Inlet and Beach LOCATION AND DESCRIPTION OF HABITAT: Goldsmith Inlet and Beach is located on the north shore of Long Island,between Mattituck Inlet to the west and Horton Neck to the east, in the Town of Southold, Suffolk County(7.5' Quadrangle: Southold,NY). This approximately 150-acre area is roughly bounded by Long Island Sound on the north,Horton Lane on the east, Sound View Avenue on the south, and Mill Lane on the west. The fish and wildlife habitat includes a narrow area of maritime beach that extends nearly two miles along the Sound from about two hundred yards west of the inlet northeast to and including Horton Lane Beach; Goldsmith Inlet and Pond; and a mosaic of dunes, intedunal uplands, and swales extending from Goldsmith Inlet County Park northeast to Great Pond. The habitat is bordered by residential developments as well as undeveloped vegetated dunes. FISH AND WILDLIFE VALUES: The Goldsmith Inlet and Beach habitat consists of several associated significant ecological communities. An extensive maritime beach that has recently become an important nesting area for piping plovers and least tems along the north shore of Long Island extends approximately two miles along Long Island Sound. Goldsmith Pond and its contiguous tidal wetlands lie at the western end of the habitat area. Goldsmith Inlet County Park and Peconic Dunes County Park and adjacent upland and non-tidal wetlands contain maritime dunes as well as maritime freshwater interdunal swales ecological communities, both of which are considered rare by the New York State Natural Heritage Program. This diverse area as a whole plays an important role as nesting and feeding habitat for a variety of migratory birds. Since the mid-90's Goldsmith beach and Kenney's Road beach have served as nesting sites forpiping plover(E,T-Fed)and least tern(T). During the period 1996 to 2002,an average of 4 pairs of piping plovers nesting on this stretch of beach,with a peak year of 1998,when 7 pairs of nesting birds were documented. Least tern have nested at this site on a fairly regular basis since 1996,with an annual average of seven nesting pairs between that year and 2002. The peak year for least tern nesting was 2000,when 22 pairs were documented. One pair of common tern(T) was documented as nesting on the beach in 2000. This species had not been noted since 1992, when 27 nesting pairs were documented. About 40 roseate tern (E) individuals were observed to be loafing near the inlet in 2001. Osprey(SC) have been documented nesters at Goldsmith Inlet Pond since the early 1980's. The Goldsmith Inlet and Beach area contains a diversity of ecological community types,including tidal pond,maritime beach,maritime dunes,and maritime freshwater interdunal swales. These latter two communties extend about 1.5 miles from west of Great Pond southwest to Goldsmith Pond,and are considered by the New York State Natural Heritage Program to be rare ecological community Page 2 of 5 occurrences from a statewide perspective. Approximately 70 acres of maritime dune habitat extend from Great Pond to Goldsmith Inlet,with approximately 22 acres of maritime freshwater interdunal swales located adjacent to the dunes. One rare plant species(Iris prismatica) has been documented as occurring within the wetlands of this habitat. Recreational uses of Goldsmith Inlet and Beach are concentrated in the area around Goldsmith Inlet and Goldsmith Pond, where blue crabs and eels are harvested. The Town of Southold maintains a public beach at Goldsmith Inlet, and Goldsmith Inlet County Park includes 34 acres of park land which is home to a diversity of wildlife. The Suffolk County-operated Peconic Dunes County Park on the west shore of Great Pond and south of Kenny Road Beach provides access across the beach to Long Island Sound for surf fishing. IMPACT ASSESSMENT: Any activity that would substantially degrade water quality and/or terrestrial natural resources at Goldsmith Inlet and Beach would adversely affect the biological productivity of this area. All species of fish and wildlife would be affected by water pollution, such as chemical contamination (including food chain effects resulting from bioaccumulation), oil spills, excessive turbidity, and waste disposal. Unrestricted use of motorized vessels including personal watercraft in the-protected,shallow waters of Goldsmith Inlet Pond can have adverse effects on aquatic vegetation and fish and wildlife populations. Use of motorized vessels should be controlled(e.g.,no wake zones,speed zones,zones of exclusion) in and adjacent to shallow waters and vegetated wetlands. Alteration of tidal patterns in Goldsmith Inlet Pond could have major impacts on the fish and wildlife communities present. Dredging to maintain existing boat channels should be scheduled between September 15 and December 15 to minimize potential impacts on aquatic organisms, and to allow for dredged material disposal when wildlife populations are least sensitive to disturbance. Dredged material disposal in this area would be detrimental,but such activities may be designed to maintain or improve the habitat for certain species of wildlife. Nesting shorebirds inhabiting Goldsmith Inlet and Beach are highly vulnerable to disturbance by humans, especially during the nesting and fledgling period (March 15 through August 15). Significant pedestrian traffic or recreational vehicle use of the beach could easily eliminate the use of this site as a breeding area and should be minimized during this period. Recreational activities (e.g., boat and personal watercraft landing, off-road vehicle use, picnicking) in the vicinity of bird nesting areas should be minimized during this period. Predation of chicks and destruction of eggs or nests by unleashed pets(e.g.,dogs,cats)and natural predators may also occur,and predator control should be implemented where feasible. Fencing and/or continued annual posting of shorebird nesting areas should be provided to help protect these species. Control of vegetative succession, through beneficial use of dredged material or other means may improve the availability of nesting habitat in this area. Page 3 of 5 Elimination of salt marsh and intertidal areas,through loss of tidal connection, ditching, excavation, or filling,would result in a direct loss of valuable habitat area. Construction of shoreline structures, such as docks,piers,bulkheads,or revetments,in areas not previously disturbed by development,may result in the loss of productive areas which support the fish and wildlife resources of the Goldsmith Inlet and Beach area. Alternative strategies for the protection of shoreline property should be examined, including innovative, vegetation-based approaches. Control of invasive nuisance plant species, through a variety of means, may improve fish and wildlife species use of the area and enhance overall natural resource values. Thermal discharges, depending on time of year, may have variable effects on use of the area by marine species and fish. Installation and operation of water intakes could have a significant impact on juvenile (and, in some cases, adult) fish concentrations, through impingement or entrainment. Page 4 of 5 KNOWLEDGEABLE CONTACTS: Habitat Unit Town of Southold Planning Board NYS Department of State Town Hall Division of Coastal Resources 53095 Main Road 41 State Street Southold, NY 11971 Albany,NY 12231 Phone: (631) 765-1938 Phone: (518) 474-6000 Bureau of Marine Resources NYSDEC—Region 1 NYSDEC State University of New York,Building 40 205 N. Belle Meade Road, Suite 1 Stony Brook, NY 11790-2356 East Setauket, NY 11733 Phone: (631) 444-0354 Phone: (631) 444-0430 Wildlife Manager Finfish and Crustaceans NYSDEC—Region 1 NYSDEC State University of New York,Building 40 205 N. Belle Meade Road, Suite 1 Stony Brook, NY 11790 East Setauket,NY 11733 Phone: (631) 444-0310 Phone: (631) 444-0436 Town of Southold Trustees New York Natural Heritage Program Town Hall 625 Broadway, 5'Floor 53095 Main Road Albany,NY 12233-4757 Southold,NY 11971 Phone: (518) 402-8935 Phone: (631) 765-1892 Office of Ecology Suffolk County Dept. of Health Services Bureau of Environmental Management County Center Riverhead,NY 11901 Phone: (631) 852-2077 Page 5 of 5 4ro Cd 0............. 4-4 "tz Ow rr Cd cn New York Natural Heritage Program A Partnership between The Nature Conservancy and the NYS Department of Environmental Conservation 625 Broadway,5� Floor Albany,NY 12233-4757 (518)402-8947 Fax(518)402-8925 www.nynhp.org NY Natural Heritage Program Review of Natural Communities Reported at Great Pond Wetlands&Dunes Prepared by Greg Edinger,Program Ecologist,NY Natural Heritage Programj�/�� October 8,2004 , / The NY Natural Heritage Program was contacted by the Kenney Beach Civic Association and asked to review the Preliminary Environmental Assessment of the"Great Pond Wetlands&Dunes," Southold Township, Suffolk County,New York(Lamont 2004). In order to accurately classify and rank the quality of the natural communities at this site,ideally the following data are needed: • vegetation cover data at known location points, • an accurate map showing the boundaries of each community(with the full extent of each community being mapped,even if it extends beyond the area of interest), • data on the condition of each community(e.g.,anthropogenic disturbances,presence of invasive exotic species,etc.), • and information on the size and condition of the surrounding landscape. The Lamont(2004)report presents sufficient information to confirm the presence two natural communities described by NY Natural Heritage in Ecological Communities of NYS(Edinger et al. 2002)at the site.These two communities are maritime dunes and maritime freshwater interdunal swales.Although a first draft map of the natural communities was included with the report(Lamont 2004),an accurate map showing the full boundaries of each community is needed.A review of in-house digital orthoimagery and reports of the site(Lamont 2004,pers. comm. Michael Corey, DOS)suggests that both communities extend beyond the boundary of the"Great Pond Wetlands&Dunes" site. The maritime dunes appear to extend about 1.5 miles from Great Pond southwest to Goldsmith Inlet.Additional patches of maritime freshwater interdunal swales appear to occur within this area of dunes,but perhaps not as large and numerous as observed on the"Great Pond Wetlands&Dunes"site.Using aerial photo interpretation and GIS,I estimate that there are about 70 acres of maritime dunes that extend from Great Pond to Goldsmith Inlet,with about 7.5 acres within the"Great Pond Wetlands&Dunes"site. There are about 22 acres of maritime freshwater interdunal swales adjacent to these dunes,with about 9 acres within the"Great Pond Wetlands&Dunes"site. The acreage would likely change with more accurate community delineation. The digital orthoimagery and reports(Lamont 2004,pers. comm. Michael Corey,DOS)suggest that both of these community occurrences are good quality.However,there are reports of reed grass(Phragmites australis)and purple loosestrife(Lythrum salicaria)at this site(Lamont 2004),and there appear to be sand roads and driveways through sections of maritime dune.The landscape surrounding the maritime dunes is in relatively good condition,except for the portion within the"Great Pond Wetlands&Danes'site where the dunes are surrounded on three sides by residential development.At least one house on West Drive appears to have displaced a portion of the maritime freshwater interdunal swales.The ecological processes that maintain maritime dune viability appear to be more intact to the southwest of Great Pond where the dunes and swales have greater connectivity with Long Island Sound. Conclusions The maritime dunes and maritime freshwater interdunal swales at the"Great Pond Wetlands&Dunes"site are part of larger occurrences of these communities that extend southwest to Goldsmith Inlet. 1. The occurrence of maritime dunes from Great Pond to Goldsmith Inlet are tentatively ranked`B"using NY Natural Heritage Rang Specifications(Appendix A)for size, condition,and landscape context.A B-rank indicates a good quality occurrence of maritime dunes which is a globally secure(G4)but state rare(S3) community. NY Natural Heritage considers the maritime dunes at this site a significant natural community occurrence from a statewide perspective. Enabhxg and Enbandng Cow Pion of New York's Biodimm_* 2. The occurrence of maritime freshwater interdunal swales from Great Pond to Goldsmith Inlet is also tentatively ranked`B"using NY Natural Heritage Rank Specifications(Appendix B)for size,condition, and landscape context.A B-rank indicates a good quality occurrence of maritime freshwater interdunal swales which are a globally rare to globally secure(G3G4),but a very vulnerable(S2)community,NY Natural Heritage considers the maritime freshwater interdunal swales at this site a significant natural community occurrence from a statewide perspective. 3. NY Natural Heritage concurs with Eric Lamont's(2004)statement that dune-swale complexes are extremely rare on the north shore of Long Island. Recommendations Review of the readily available information suggests that there are two natural community occurrences of statewide significance at this site,maritime dunes(tentatively B-ranked)and maritime freshwater interdunal swales(tentatively B-ranked).NY Natural Heritage recommends the following: • A thorough survey of all natural community occurrences is recommended from Great Pond to Goldsmith Inlet in order to accurately map and confirm tentative occurrence ranks. • Further survey is needed to confirm the report(Lamont 2004)of maritime pitch pine dune woodland at this site. • Element Occurrence Records for all significant natural community occurrences should be entered into the NY Natural Heritage database. • Protection efforts should focus on the viability of the maritime freshwater interdunal swales already shown to contain state rare species(Lamont 2004). • Protection and/or restoration of the connectivity and ecological processes(e.g.,storm surge,sand deposition,and salt spray)of the dunes&swales to Long Island Sound would also be beneficial. • Protection and proper management of the maritime dunes that serve as a wetland buffer would increase the viability of the swales.Development within maritime dunes would likely reduce the landscape ranking factor for the maritime freshwater interdunal swales,reduce the overall quality of the occurrence, and threaten its long term viability. Note: It is important to reiterate that this assessment,and tentative community occurrence ranking, is based on the full extent of the two natural communities at this site from Great Pond to Goldsmith Inlet,and not limited to the "Great Pond Wetlands&Dunes"site depicted in the report(Lamont 2004). References Edinger, G.J.,D.J.Evans,S.Gebauer,T.G.Howard,D.M.Hunt,and A.M.Olivero(editors).2002.Ecological Communities of New York State. Second Edition.A revised and expanded edition of Carol Reschke's Ecological Communities of New York State. (Draft for review).New York Natural Heritage Program,New York State Department of Environmental Conservation,Albany,NY. Lamont, E.2004. Preliminary Environmental Assessment of the"Great Pond Wetlands&Dunes," Southold Township, Suffolk County,New York.Botanical report prepared for Kenny Beach Civic Association.Prepared by Eric Lamont,Ph.D.,Botanical Consultant,Riverhead,NY. Exabk'xg and Enbanang Commation ofNem York i Biodiaerrity APPENDIX A Maritime Dunes Overview of Status in NY • Historical Occurrences in NY:Historical numbers unknown,probably about 25 to 50 very large occurrences. • Estimated Extant Occurrences in NY: There are an estimated 30 to 50 or more occurrences statewide. This number is elevated due to fragmentation of fewer, larger occurrences into more numerous smaller occurrences. • NYNHP Documented Occurrences: 2004: 8 extant occurrences. • NYNHP Documented Occurrences with Good Viability:2004: 8 occurrences with good viability(A-to BC-ranked). • Protected Occurrences in NY:2004: 7(88%)occurrences are on public land or private conservation land.5 (63%)are on state park land and 2(25%)are on federal land. • Historical Acres in NY:Historical acres unknown,probably about 150 to 200 miles covering 19,000 to 25,000 acres(very rough estimate). • Estimated Extant Acres in NY:There are an estimated 145 miles of maritime dunes on Long Island(about 100 miles on the south shore)covering about 5,300 to 15,800 acres. • NYNHP Documented Acres:2004:2,014 acres mapped. • Distribution in NY:Restricted to the ocean shoreline of Long Island.Discontinuous patches of maritime dunes occur from Rockaway Point east to Jones Beach,where the dunes become larger and less fragmented (e.g.,Fire Island Wilderness Area),and the dunes continue east until the shore grades into morainal bluffs at Montauk Point. Smaller examples(<5 miles long each)occur in the Peconic Bay and along the north shore of Long Island. • State Exemplary Site(s):FIRE ISLAND,JONES BEACH ISLAND,WALKING DUNES Summary ofNYNHP Occurrences: Rank Size Survey Site County Town AB 889 Jones Beach Island Nassau/Suffolk Oyster Bay,Babylon,Hempstead AB 190 Walking Dunes Suffolk East Hampton AB 125 Atlantic Double Dunes Suffolk East Hampton B 69 Nissequogue River Suffolk Smithtown BC 496 Fire Island Democrat Pt. Suffolk Islip,Babylon BC 145 Napeague Dunes Suffolk East Hampton BC 85 Plum Island Suffolk Suffolk Southold BC 14 Northwest Creek Mouth Suffolk East Hampton Draft Element Ranking Specifications A Rank Specifications: Minimum size 60 acres with"A"condition and landscape setting. B Rank Specifications: Minimum size 30 acres with"A"condition and landscape setting. Minimum size 60 acres with`B"condition and landscape setting. C Rank Specifications: Minimum size 10 acres with"A"condition and landscape setting. Enab4'ng and Enbanang Conservation of New Yorks Bio&twuy APPENDIX B Maritime Freshwater Interdunal Swales overview of Status in NY • Historical Occurrences in NY:Historical numbers unknown,probably less than 50 sites. • Estimated Extant Occurrences in NY: There are an estimated 20 extant occurrences statewide.Most sites consist of a group of several swales. • NYNBP Documented Occurrences:2004: 5 extant occurrences. • NYNHP Documented Occurrences with Good Viability:2004: 5 occurrences with good viability(A-to B- ranked). • Protected Occurrences in NY:At least two sites protected:Napeague Dunes and Atlantic Double Dunes. Fire Island National Sea Shore may protect some swales. • Historical Acres in NY:Historical acreage unknown,probably less than 1000 acres. • Estimated Extant Acres in NY:Probably less than 1000 acres extant. • NYNHP Documented Acres: 2004:287acres mapped. • Distribution in NY:Restricted primarily to the southern coast of Long Island and Fire Island,with smaller examples in the Peconic Bay and along the"North Fork"of Long Island in the coastal lowlands of Suffolk County.New York is in the central part of the range from New England south to New Jersey(or possibly farther). • State Exemplary Site:NAPEAGUE DUNES Summary ofNYNHP Occurrences: Rank Size Survey Site County Town A 27 Napeague Dunes Suffolk East Hampton AB 125 Atlantic Double Dunes Suffolk East Hampton B 25 Walking Dunes Suffolk East Hampton B 5 Promised Land Suffolk East Hampton B 5 Hospital Point Suffolk Brookhaven Element Ranking Specifications(N)NHP 1995) Occurrence Specs:minimum size: 2 acres to map.Need at least 50%cover of vegetation consisting of characteristic native species and less than 50%cover of exotics.Interdunal swales occur in a mosaic with dunes as multiple patches within the dune matrix.One occurrence includes all the swales within a contiguous area of maritime dunes. Map to the same boundary as the dunes. A Rank Specs:minimum size: 100 acres of interdunal swales within a larger matrix of maritime dunes,with minimal disturbance and few or no exotic species;and surrounded by little-disturbed matrix of maritime dunes. B Rank Specs:minimum size:20 acres of interdunal swales in good condition with minor disturbance,or minimum of 5 acres in excellent,pristine condition within a larger matrix maritime dunes.Some exotics or disturbance may be present,but recovery potential is very good. C Rank Specs:minimum size:2 acres of interdunal swales in fair condition,either starting to recover from past disturbance,or recently disturbed or altered. Set in a matrix of disturbed dunes-which may be partly developed; poor recovery potential. D Rank Specs:minimum size:2 acres of interdunal swales in poor condition,with 25 to 50%cover of exotics, isolated from dunes by development or surrounded by very disturbed or altered dunes,with little or no recovery potential. Enabling and Enhancing Conservation of New Yorks Bioda'venity Botanical Report Preliminary Environmental Assessment of the "Great Pond Wetlands & Dunes", Southold Township, Suffolk County, New York PREPARED FOR: KENNY BEACH CIVIC ASSOCIATION SOLJTHOLD TOWNSHIP SUFFOLK COUNTY, NEW YORK PREPARED BY: ERIC LAMONT, PH.D. BOTANICAL CONSULTANT 717 SOUND SHORE ROAD RIVERHEAD, NEW YORK 11901 AUGUST 2004 Summary 1. The Great Pond wetland and dune system is composed of two State-rare ecological communities, with one of them currently listed as globally rare. The region is not only rare in New York State, it is rare on Earth. 2. These two ecological communities are intricately connected together and if one community is altered or disturbed, the other community will be negatively impacted. 3. The low, gently undulating dunes north of Lake Drive are classic examples of a"maritime dune" community, listed as rare by New York Natural Heritage Program (NYI W). 4. In low areas of the maritime dune community where the land surface intersects the water table, small "cranberry bogs"occur as small, green islands among the white sand. These circular islands offer suitable habitat for native cranberries and carnivorous plants called sundews. 5. The extensive "maritime freshwater interdunal swales"located north of Lake Drive are listed as rare by NYNHP. 6. These freshwater wetlands support a high diversity of plant species, including at least one rare plant, slender blue flag (Iris prismatica). 7. Another noteworthy feature of this site is its connection to Great Pond and the interdunal wetland system at nearby Peconic Dunes County Park 8. The strictest environmental laws and codes should be enforced to preserve the integrity of these delicate and sensitive ecological communities. 9. Fragmentation of this unique maritime ecosystem will result in negative environmental impacts. 10. The Great Pond wetlands and dunes are significant and unique elements of Southold's rich natural heritage that should be preserved for future generations. 2 Introduction At the invitation of the Kenny Beach Civic Association(KBCA), I conducted an on-site preliminary environmental assessment(on 8 August 2004) of an approximately 10-acre parcel of land located north of Lake Drive in Southold Township. The area is locally known as the "Great Pond Wetlands &Dunes". KBCA arranged for permission from some residents for me to walk certain properties. Further access was obtained from a Suffolk County parcel and a Southold Township parcel. Final observations were made from adjacent roadsides. A high quality aerial map(on a scale of one inch = 100 feet)of the 10-acre parcel also was provided by KBCA. The Great Pond wetland and dune system is dominated by two ecological communities: 1) maritime dunes, and 2) maritime freshwater interdunal swales. Both of these community types are listed as rare in New York by the New York Natural Heritage Program (NYNHP), and the maritime freshwater interdunal swale community is currently listed as globally rare (although NYNHP indicates that the global rank may change in the future). Before continuing with this report, the significance of the previous paragraph must be emphasized First,NYNHP is the New York State government agency responsible for documenting and tracking rare plants, animals, and ecological communities across New York. The Heritage staff is comprised of highly trained scientists often with advanced degrees,who are experts in studying New York's biodiversity. Second, it is extremely significant, from an environmental point of view,that a relatively small, 10-acre site be composed of two State-rare ecological communities, with one of them currently listed as globally rare. This statement cannot he overstated. We are not talking about the presence of one rare plant or animal species, we are talking about an entire ecological community being rare. Additionally, a large portion of this site is "globally" rare. That means that the region is not only rare in New York State,it is rare on Earth. These two maritime communities are closely and inseparably intertwined with each other- They are connected together by an intricate and delicate balance between macro- and microscopic organisms and abiotic (non-living) factors of the environment such as hydrology, soil characteristics, and micro-habitats created by blow-outs in the undulating system of dunes. The environmental features occurring at the Great Pond wetlands and dunes comprise a unique aspect of the natural history of Southold Township, because maritime dunes and interdunal swales usually occur on the south shore of Long Island, not on the north shore. For example, these two maritime communities usually occur on Fire Island where dunes are protected and signs wam people to stay off. Long Island's north shore is characterized by tall bluffs directly bordering Long Island Sound. The area between Goldsmith's Inlet and Horton Point, however, is geologically unique. Instead of 100 foot bluffs towering above L.L Sound, this area supports a unique system of low, undulating dunes and swales, interspersed with a mosaic of extensive wetlands. I cannot think of another location on the north shore of eastern Long Island that supports such a unique and rare system of ecological communities. Another noteworthy feature of this 10-acre site is its connection to Great Pond and the interdunal wetland system at nearby Peconic Dunes County Park. This connection is most evident at low-lying points along Lake Drive that frequently flood. At these points,wetland plants form corridors linking the sites together into one large system- 3 Site Description The maritime dunes and wet interdunal swales north of Lake Drive grade into each other and the boundaries between them are not always abruptly distinguished At low areas interspersed throughout the dunes are small "cranberry bogs" that support a diversity of sedges, rushes, and even carnivorous plants. Although these two ecological communities will now be described separately, it should be understood that they are intricately connected together and if one community is altered or disturbed,the other community will be negatively impacted Maritime Dunes. This ecological community is listed"G4, SY'by NYNHP. The"G" rank is the "Global"rank, while the "S"rank is the "State"rank. Globally,the maritime dune community is considered to be "apparently secure globally,though it may be quite rare in parts of its range, especially at the periphery" (Edinger et al., 2002). Along the Atlantic coast, maritime dunes are probably best developed at the Outer Banks of North Carolina. Maritime dunes are at their northern limit (periphery) on Long Island and Cape Cod,Massachusetts, and they are quite rare along the north shore of Long Island. The "S3"Heritage rank indicates that maritime dunes are considered rare in New York with only "limited acreage-. The low, undulating dunes north of Lake Drive are classic examples of the maritime dune community found at Napeague Dunes in East Hampton Township and Fire Island National Seashore. The Great Pond maritime dune system is comprised of low, gently undulating dunes interspersed with unvegetated blowouts and sandflats. Characteristic plants of the dunes include beachgrass (Ammophila breviligulata), beach heather(Hudsonia tomentosa), seaside goldenrod (Solidago sempervirens), seaside spurge (Euphorbia polygonifolia), beach plum (Prunus maritima), bayberry (Myrica pensylvanica),jointweed (Polygonella articulata),sedge(C yperus grays), Panic grass (Panicum amarum), and hairgrass (Deschampsia flexuosa). Tucked away among the dunes are small pockets stunted pitch pines (Pines rigido), post oaks(Quercus stellata), and black oaks (Quercus velutina), with a shrub layer dominated by black huckleberry (Gaylwsacia baccata) and highbush blueberry(Vaccinium corymbosum). The pitch pines exhibit an unusual growth form whereby the lower branches grow out horizontally like aprons blanketing the low dunes. It is worth noting that these small wooded pockets resemble a "maritime pitch pine dune woodland", an extremely rare ecological community ranked"G2G3 S 1"by NYNHP. The extensive wetland system paralleling the northern boundary of the maritime dunes will be discussed in the next section. However, it is noteworthy to mention that in low areas of the maritime dune community where the land surface intersects the water table, small "cranberry bogs"occur as small, green islands among the white sand. These circular islands offer suitable habitat for cranberries (Vaccinium macrocarpon) and carnivorous plants called sundews (Drosera intermedia). 4 Maritime Freshwater interdunal Swales. This ecological community is listed"G3G4, S2" by NYNHP, which makes it more rare than the maritime dune community. The"GY'rank indicates that maritime freshwater interdunal swales are currently regarded as globally rare,but in the future the rank may change to "G4" indicating that the community is apparently secure globally though it may be quite rare in parts of its range, especially at the periphery. A Heritage rank of"S2" is the second highest rank of rarity in New York State ("S1"=extreme rarity,"S5" =not rare ("demonstrably secure") in New York). The name of this community was changed from"maritime interdunal swales" (Reschke, 1990)to distinguish the community from brackish interdunal swales. . The"Great Pond Wetlands"is an extensive freshwater wetland system associated with Great Pond proper, that continues west into Peconic Dunes County Park. North oflake Drive, these interdunal wetlands occur in low areas (swales)between dunes where the soil surface intersects groundwater level. Water levels fluctuate seasonally and annually, reflecting changes in groundwater levels. The most extensive portion of this wetland system runs west to east, parallel to Leeton Drive and directly north of the maritime dune system. Small, circular "cranberry bogs"also dot low areas among the maritime dunes directly north of Lake Drive. The extensive wetlands north of Lake Drive support a high diversity of plant species, including at least one rare plant, slender blue flag(Iris prismatica), ranked CAG5 S2 by NYNBP (Young&Weldy,2004). Characteristic species include twig-rush (Clodium mariseoides), beakrush (Rhynchospora capitellata), marsh rush(Juncus canadensis), woolgrass(Scirpus cyperinus), chairmaker's rush(Scirpus pungens), tussock sedge (Carex stricter), cranberry (Vaccinium macrocarpon), spatulate-leaved sundew(Drosera intermedia), lance-leaved violet (Viola lanceolata), cross-leaved milkwort(Polygala cruciata), meadow beauty(Rhexia virginica), marsh mallow(Hibiscus moscheutos), marsh fern(Thelypteris palustris),royal fern (O.smunda regalis var. spectahilis), marsh St. John's wort (Triadenum virginicum),and swamp candles(Lysimachia terresiris). Shrubs and trees bordering the wetlands include red maple (Acer rubrum),tupelo (Nyssa sylvatica),red chokeberry (Aronia arbutifolia),buttonbush (Cephalanthus occidentalis), and highbush blueberry (Vaccinium corybosum). Unfortunately, phragmites reed(Phragmites australis)has invaded the wetlands, as well as scattered individuals of purple loosestrife (Lythrum salicaria). Conclusion The maritime dunes and freshwater interdunal swales located north of Lake Drive in the Town of Southold are rare ecological communities that should be preserved for future generations. These natural communities are significant and unique elements of Southold's rich natural heritage. The strictest environmental laws and codes should be enforced to preserve the integrity of these delicate and sensitive ecological communities. Fragmentation of this unique maritime ecosystem will result in negative environmental impacts. It is imperative that Southold Township act promptly and assertively to avoid environmental degradation of the Town's rich natural history. 5 References Cited Edinger, G.J., D.J. Evans, S. Gebauer,T.G. Howard, D.M. Hunt, and AM. Olivero (editors). 2002. Ecological Communities of New York State. Second Edition A revised and expanded edition of Carol Reschke's Ecological Communities of New York State. (Draft for review). New York Natural Heritage Program,New York State Department of Environmental Conservation,Albany,NY. Reschke, C. 1990. Ecological Communities of New York State. New York Natural Heritage Program,N.Y.S. Department of Environmental Conservation. Latham,NY. Young, S. M. and T. W. Weldy. 2004. New York Rare Plant Status List. New York Natural Heritage Program,N.Y.S. Department of Environmental Conservation. Albany,NY- 6 Town Hall. 53095 Main Road P.O. Box 1179 y • Southold. New Yak 11971 Telephony ' (631) 765-1892 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Conservation Advisory Council held Tuesday, July 15, 2003, the following recommendation was made: Moved by Bob Ghosio, seconded by William Cook, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Amendment application of GREGORY MANZANOBILE to Amend Permit #5631 to allow the location of the sewage disposal system and the necessary fill and retaining wall. Located: 1450 Lake Dr., Southold. SCTM#59-1-21.6&21.7 The CAC recommends Disapproval of the amendment application and the previous application for the Wetland Permit because the CAC has a concern with the proposed change in the grade elevations and the negative impact due to the run-off into the freshwater wetlands. There is also a concern with the elevations up to the edge of the wetlands. This project requires a 75' non-disturbance buffer, Vote of Council: Ayes: All Motion Carried 18 • The Suffolk Times • September 9, 2004 Call to save Great Pond Attention focused 41 on wetlands area What's a"Maritime Freshwater Interdunal Swale?" Well, if you stroll along what locals call "The Loop," formed by Lake Drive and Leeton Drive at Kenney's Beach in Southold, it's that 10 acres of sandy,vacant land in the middle.The area is home to a unique ecosys- tem that includes native cranberries,insect- eating sundew plants and a rare flower,the Iris prismatica, and acts as a filter for.Great Pond just to the south, according to a new study commissioned by the Kenny's Beach Civic Association. In a grassroots effort, the group is reaching out to Southold Town,the Peeonic Land Tirust and others to find a way j to preserve the land from development. "It's a miracle it hasn't been built on " already,"said Lillian Ball,chair of the associ- ation's Great Pond wetland preservation w' . committee."We've realized how unique it is, and we want to get the word out that it's worth preserving. It's also important for the quality of fife of over 75 families in our neigh- borhood, and everyone who enjoys walking and biking in the area:' TTie report was written by Eric Lamont, a Suffolk Times photo by Judy Ahrens Riverhead botanist recommended to the Lillian Ball, chairwoman of the Great Pond wetland preservation committee, and president Chuck Luyster in group through the state's Natural Heritage front of the property they are trying to preserve. Program,said Ms. Ball.The site is part of an interdunal wetland system that runs between into one-acre parcels owned by different individuals, will explore opportunities for raising funds,said Ms. Goldsmith's Inlet and Horton's Point, a type of ter- according to a Southold Town map of tidal and fresh- Ball. rain listed as rare under the New York.Natural water wetlands. The civic association committee is . "We want this to be a situation that everyone ends Heritage Program standards. getting in touch with these property owners to open up feeling good about,"she said. Subdivided in the past, the "Loop" site is broken discussions on how preservation can be achieved,and Gwendolen Groocock KLTNIN Yrl J IiL:HI H k 1V11 EiJJVI C�TRF_AT POND ANTTLAND PRFSEFVATTQN COMMITTEE 3'2Y04 BOARD OF TOWN TRI_ISTEES PO BOX 1179 SOUTHOLD NY 1 1971 REF:WETLAND PERMIT TO GREGORY MAZZANOBTLE SCTM # 59-1-21.6&21.7 CC: JOIIN PAVACIC REGIONAL PERMIT ADMINISTRATOR D.E.C. SUNY-BLDG 40 1r STONEYBROOK NY 11790 D '}i ((� I U EPETER SCL ILLYLL�S 11��9U DD.E.( . EE 2 4 ZW SUNY-BLDG 40 STONEYBROOK NY 11790 GEORGE BROWN Southold Tows 9oard of Trustees SUFFOLK COUNTY DEPT OF WASTE MANAGEMENT REF#R10-02-0097 COUNTY CENTER RIVERHEAD NY 11901 MARK TERRY SOUTHOLD TOWN PLANNING BOARD 53095 MAIN ROAD SOUTHOLD11971 RUTI I OLIVER SOUTHOLD TOWN ZBA 53095 MAIN ROAD SOUTHOLD NY 11971 JOSIIUA HORTON SUPERVISOR TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NY 11971 JOIN ROMANELLI SOUTHOLD TOWN COUNCIL 53095 MAIN ROAD SOUTHOLD NY 11971 MIKE VERITY SOUTHOLD TOWN BUILDING DEPT. 53095 MAIN ROAD SOUTHOLD NY 11971 MIKE VISSICHELLI-ACTING CHIEF US ARMY CORPS OF ENGINEERS NY DISTRICT 26 FEDERAL PLAZA NEW YORKNY 10278 SENATOR KENNETH LAVALLE 325 MIDDLE COUNTRY ROAD SELDEN NY 117 84 ASSEMBLYWOMAN PATRICIA ACAMPORA 400 W. MAIN STREET RIVERHEAD NY 11901 REPRESENTATIVE TIM BISHOP 3680 RTE 112 SUITE C CORAM NY 11727 WE ARE APPEALING THE GRANTING OF A I YEAR EXTENSION TO THE WETLAND PERMIT TO GREGORY MAZZANOBILE WITHOUT AN OPPORTUNITY TO VOICE OUR STRONG OBJECTION TO THE GRANTING OF THIS PERMIT. WE ARE IN RECEIPT OF AND HAVE SUBMITTED TO YOU A COPY OF THE SURVEY"MR MAZZANOBILE SUBMITTED TO OBTAIN A SUFFOLK COUNTY D.E.C. PERMIT WHICH IS SIGNIFICANTLY DIFFERENT FROM THE ONE UPON WHICH YOU BASED YOUR APPROVAL. - THE FOLLOWING ARE JUST SOME OF THE CHANGES MADE TO THE SURVEY LNE W SURVEY SHOWS STAIRS ON THE N.W. CORNER OF THE HOUSE 2. THE SEPTIC TANK HAS BEEN RELOCATED 3.SIZE OF HOUSE AND DECK AREA HAS BEEN CHANGED 4EST WALKWAY HAS BEEN REMOVED-CENTER WALKWAY HAS BEEN REPOSITIONED .W 5.LOCATION OF RETAINING WALL HAS CHANGED &SEPTIC SYSTEM IS NOW CLOSER TO A NEIGHBORING PRIVATE WELL WE ARE REQUESTING MR-MAZZANOBILE BE REQUIRED TO FILE AN AMENDMENT TO HIS APPLICATION TO REFLECT THESE CHANGES.AND T14AT A SEQRA STUDY BE DONE ON THIS ENTIRE AREA AS A RESULT OF THE BOTANICAL REPORT WE HAVE SUBMITTED TO YOU WHICH IDENTIFIES THIS AREA AS AN EXTENSIVE"MARITIME FRESHWATER INTERDUNAL SWALE" LISTED AS GLOBALLY"AND LOCALLY RARE BY THE NEW YORK NATURAL i HERITAGE PROGRAM WE ARE ALSO REQUESTING THAT THIS AREA BE RE-FLAGGED TO DELINEATE THE EXISTING WETLANDS IN VIEW OF ALL THE CHANGES BEING PROPOSED,AS YOU KNOW THE APPLICANT HAS SUBMITTED 7 OR 8 DIFFERENT SURVEYS OVER A 2 YEAR PERIOD DURING WHICH TIME HE HAS CHANGED HIS ORIGINALLY PLANS ON EACH SURVEY.THE ORIGINAL WETLAND FLAGS HAVE BEEN REMOVED,BLOWN DOWN OR KNOCKED OVER AND NONE ARE NOW IN PLACE EXCEPT FOR A FEW NEAR ONE OF THE PROPOSED SEPTIC J YS I'EMS PLEASE ADVISE US OF YOUR DECISION 1N THIS MATTER SINCERELY Cby� LILLIAN BALL CHAIRPERSON COMMITTEE TO PRESERVE GREAT POND WETLANDS KENNY'S BEACH CIVIC ASSOC PO BOX 881 SOUTHOLD 11971 suFFot�r AiPert J'. Krupski, President Q�Q CO!' Town Hall James King,Vice-President -a TY 53095 Route 25 Artie Foster P.O. Box 1179 Ken Poliwoda x Southold, New York 11971-0959 Peggy A. Dickerson y�O aQ� Telephone(631) 765-1592 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Elizabeth A. Neville, Town Clerk FROM: Office of the Board of Trustees DATE: August 12, 2004 RE: Foil Request of Lillian Ball The file of Gregory Mazzanobile is available for review Monday— Friday during normal business hours 8:00 AM —4:00 PM. i • ��SUfFO(,�c �� GG ELIZABETH A. NEVILLE y� Town Hall, 53095 Main Road TOWN CLERK r�ia Z P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 W MARRIAGE OFFICER O'yiW �� Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER 1 * Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Trustees FROM: Elizabeth A. Neville, Southold Town Clerk RE: 8/10/04 Foil request of Lillian Ball DATE: 8/10/04 Transmitted is Foil request of Lillian Ball received today. Please respond to my office, in writing, within five business days. Thank you. �gUfFUl:�c ELIZABETH A. NEVILLE �� Town Hall, 53095 Mein Road P.O. Box 117 TOWN CLERK 9 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (631) 766-6145 RECORDS MANAGEMENT OFFICER Ql �a� Telephone (631) 766-1800 FREEDOM OF INFORMATION OFFICER 4 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office agency Freedom of Information Officer) . One copy will be returned to you in response to your request, or as an interim response. SECTIONN`_1. II^ �t7 r TO:�NUI ( ��s==� � r �f g (Department or Officer, if known, that has the irgormation you are eequesting.) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent informatio ) Signature of Applicant: 4m 1 Prel+ted Name: Address IL Mailing Address (if different from above) : Telephone Number: rf(;)1- 7/95- 3 rj Date:_ / b Q Coll\1 RECE1 EIJ [ ) APPROVED [ 1 APPROVED WITyH� DELAY* [ I DENIED* �i� Southold Town Clerk izabeth A. Neville Date Freedom of Information Officer * If delayed or denied see reverse side for explanation. GREAT POND WETLAND PRESERVATION COMMITTEE KENNEY'S BEACH CIVIC ASSOCIATION Board of Southold Town Trustees I V E 53095 Main Road D Southold ,NY 11971 9 ewti .« Dear Trustees, We would like to request to be on your agendas for the walk through on August 10, and the meeting on August 18t", 2004. The Great Pond Wetland, an area I am sure you are familiar with, is an approximately 10 acre strip along the North side of Lake Drive, including a Suffolk County lot, that is currently not developed. It is essential to the health of Great Pond and is a site of great beauty and unique habitat characteristics. We look forward to working with you on those dates. Sincerely, Lillian Ball Chair, Great Pond Wetland Preservation Committee PO Box 881 , Southold ,NY 11971 631 -765-3495 �gpFfO(,�C Albert J. Krupski, President Oar Q Town Hall James King, Vice-President = Gwk 53095 Route 25 Artie Foster Co .. P.O. Box 1179 Z Southold, New York 11971-0959 Ken Poliwoda G Peggy A. Dickerson •f,�� Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 21, 2004 Mr. James E. Fitzgerald, Jr. Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935 RE: GREGORY MAZZANOBILE 1460 LAKE DR., SOUTHOLD SCTM#59-1-21.6&21.7 Dear Mr. Fitzgerald: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., July 21, 2004: RESOLVED that the Southold Town Board of Trustees grants a One-Year Extension to Permit#5631, as issued on September 25, 2002. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office. Sincerely, Albert J. Krupst, Jr. �} President, Board of Trustees AJK:Ims NOTES: — I. EIEVATKM ARE REFERENCED TO N.G.V&, 19" DATUM SURVEY OF EX ISTING ELEVATIONS E SHOWN THUS: !- 2. THE LOGATIGN Or WELLS ASO CESSPOOLS SHOWN HEREON ARE FROM nElD LOTS 6 & 7 OLOOD ZONE I AMU/OR DATA O9TIiMCD PROP OTHERS. �'11�'Va� •yam a. FLOOD LANE INCE RATNIN PA . FROM: �' Cjy SUBDIVISION MAP FOR FLOOD I9: BASE wTE YAP NR 36IaSC0IS{ c 9� _ s 'h` �� CONSTANTINE P. GEORGIOPOULOS . ZONE AE: flAY fiD=O DNAiKINS rcTv6rm '� Tart X* .REAS or Soo-rvx EwCEI; ws or IW-YEAR nnoD WM ArERrnE 1,. 4 TItE No. 78{4 FILED JANUARY 29, 1985 1 SC BE MILL RUN �0 0R rT oRNN.GE FROEASM Jn H SITUATED AT + soTUM W..o B ARFAS PRorEcrm e,' 1EVEEs FRDY 1oo-rEw Frnoo. 'h� ?4 •L-� ZONE x. DETK CAPAMISIED m ff OR AE Fti�N SOUTHOLD { is1,MINIMUM SEPTIC TANK CAPACI11E5 FORA 1 TO I KOROOY HOUSE .Q" �� II 1,000 GALLONS I TANK: a' LONG, {4 wax, a'-T• DEEP TOWN OF SOUTHOLD S. YINIYIIY IFACNaSI SYSTEM FOR A I TO { 2' DEAR, HOUSE � 1G Q- Is aaO .R. n. sawAu Mu s POOLS; r DEER, 6• ero. o�� a�0�� SUFFOLK COUNTY, NEW YORK ,PROPOSED Domomr POOL c�'D7tiJ TEST HOLE DATA S.C. TAX No. 1000-59-01-21.6 P"�OafD "�'RNe PDOL ` 1000-59-01-21.7 ® PII In SEPTIC TAa ,v _ .\` (TEST ' OUG BY", r nv-".1r oN FmRwar za 2002) SCALE 1'=50' a. APPROXIMATELY I,I00 cu. yM. OF CLEAN FILL TRUCKED In w�l _ S.C. TAX No. 1000-59-Ot-zt.6 ?b, w MARCH 28, 2002 Y JULY 19. 2002 ADDED WETLANDS SurFROM AN UPlANO SWRCE SHALL BE NCElxO f011 ME PROPOSER ,I ,, AUGUST 13. 2002 REV= SITE PLAN SEPIC SYSTOI. (Y, iu4 LOT O / -J r .g .oIS rrc aowl rec "•1, il Ef a ,� m rau,w0 NOVEMBER a. 2002 REVISED PROPOSED POOL JUNE 6. 2003 REVISED PROPOSED SANITARY SYSTEM D>aFUNCOE,w �r .ry EL. IA zr AREA = 80,134.8E sq. ft. , t IMI . �CpMA* BANrS we _ o �7tisf °°3 1.840 cc. N,�" i�`F -_yam �0iT e.. �. ` �kyD fi za _ , > S�'ye SEPTIC SYSTEM 8E G / �ir�/' "� r` IJ ,e �. O,�� ro�y woeRowl RETAINING WALL DESIGN BY � 1 �' .T 4 °r aAv re, 2�'C N" •NR; / / wDA ^ tar JOSEPH FISCHETTI, PE ND�d A33' 1725 HOBART ROAD as \� / `. Y L ,� [ �� '�c •31f� � / x �L .� dT�1",Q/� o'r SOUTHOLD, NY 11971 631-765-2954 01 �fc. / PROPOSED SEPTIC SYSTEM DETAIL y (ran TO SCALE) f 9 b� `+ - �' - /r �� 1 A ,i (/ / /v/ P �� m wa m"wai].ram h'12C7 ". , •- '-t0 —. NN. ra FL 6.3 rK.'ow {' LEACHMIG 4 1 - - S.C. TAX No. 1000-59-01-21.7 lye _ / Fops ' I / , r - LL e a LLAOr,Io T a' Cum dttT _Y / / _.11 t4 �'yo �,n. mo11/t/r' TrR( ma t/e'/t wa 4 wo LOT �7 ' - ,� - T '�� f--a'—•i °-T' w='",_t _ .eY-•i-( K Ar ALL / v owwlTie osm90llo1 wol a aar. Fi.ar oRaRo rNER SEPTIC TANK (11 R V• -_.-J `% To SOM OM o/MOI16 Al A I .®l0 Q 1+NI IS lym GNIOIN LEACHING POOLS (51 • ?p, '•� \ / ��S' y /EY 1 AJRc r IoN.r-r rOC!-r m ..a aw.z AREA l &MfA2 a1NLL w.K.MNYY 4MR9A!sRpMN Gf]Ale P!IS m 0111 t-as P�C,sv Y xS Aw TO E C A r ro.N91W,R.NO o m a MIL wu4 avlml,r0 mi 91'!w r'ao a�i'AA1 plop io imf iwAiID�fP0¢"fie,m e/OF' z 1UnM wAf NE m aF CmAK.'rm eF AM RF)EaI1cID CABINETMRr FOAL)FOAL)•` \ i'. 'y i. a TE srTc rNR 9w1 H aE1Nlm IENi N NL AfL]IO,e U.Or16 SIRIRINIR fel0 001ta/ire/qM".Yt 1`yG c �G1 y� / /� 1• _ w A r0'M mull¢N:Ir®,ILu.lc,mr Nrl.. u[9W r[wnrlm. / 7 lKm,A We 101[eMR Cf At/.7 • � / l / �� M e WYW T TIRJ(BOl K WIwC10)SAND m PG O1NS II 0.1 10•min C4WR Slrml 4TC TMI[NO NOI.R 9WL C WMMtp. 'v Nl!'ni.OBIMQ tlrlLl Nl Lf/OW Wuf MO SVIL TMrI 9WL 9[WNfNID. 1 • l/ /1 t.Ary ,C� �,,J PROPOSED CONC RETAINING WALL D TAIL , JUN 2 0 2003 `�y, {. N/ L -. O�T Om m aiW - i, 4y Crq: Tee a ED e / / ,� rQ• rwlm a a r f 1 eT lC/C eNn dole MVTOP monsc '1 'E, 1 J xa.ESAa�R�u Ar te•4c<F nsr lulc A 1a.D'x,L .Imv2D Board 01 TTU$tBBS � '�. / ,l4•. w OW vn socCY,�+C i \ t! AT IYlD cr//c N 1DD0• f- . LSO'+ i /•�,t•O/I • � $� 1 ♦ w. a we 1 d a.'c/o Fwslm a1,¢ i�\;y y/ ALT y UNYIl0m1YiFB ALIEMIIBN BR ABR111BN J � I A �%-. � „r 1l SE yo sl a A r of I $a sccTlOTIM N Taw100 ME NEw 10 ov nK sure •\• / FDIIGTXw LAW. �A2`y ) 9 •• TIE 4. VND StMrFYLg9 n m s"OT oR "'G Jose A. ingegno om= lfD SEAL swu Nor m mNmERm 2jO - /� M EmIPN lam arEa Ala: m A RNE „ h rP a le Land Surveyor RFRYA11TIl$w=rwTEO HD®N slwA mIN lw. ` -. - SO. -g oFAr ro rIIE PERsaN FDR r,qM 1HE sumry \\b _1YP s- -'a r%.;/r i� ''0h nRL�CdpM' CQ MIIi16ENE Eg,A a• / .(7 To lnsrrtVnw F,ME ENDING, Arm To THE A311=NFES va THE Look nlm- �I' .y =G� 7XN SurDryF - Su00ivliam - SW Pbn - CoII�UeNon Loyrvf rUrgN CERrnGr10NS µE NpI rR4NFLTyAIAE. yyA � Y' 'h ' AN 011EXISTENCE OF RIGHT OF WAYS / e PHONE (531)727-2D90 Fox (631)727-1727 ANY. N EASEMENTS or RECORD. IF J iC O w. .wq AT IY c/c Ne. .aVa AT 1Y C/C gEA'IS LOCATED AT .WEAVO ADDRESS ANY. HOT SHOWN ARE NOT GUARANTEED. N1 ,,,iiiSSS .b 13W ROANOKE AVENUE PO. Box 1931 RNTRHFAD. Now Tort I1WI RnzMpG. Ner York 11901-D965 Albert J. Krupski, President 0 S�fF0110� CQ Town Hall James King,Vice-President ='� � 53095 Route 25 Artie Foster Co P.O.Box 1179 Ken Poliwoda C4 Southold, New York 11971-0959 Peggy A. Dickerson 15,J Telephone(631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 17, 2003 Mr. James E. Fitzgerald, Jr. Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935 RE: GREGORY MAZZANOBILE SCTM#59-1-21.6 & 21.7 Dear Mr. Fitzgerald: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on December 17, 2003: RESOLVED, that the Southold Town Board of Trustees DENY the Amendment to Permit#5631 to allow the new proposed location of the sewage disposal system and the necessary fill and retaining wall. The application is denied because moving the septic system closer to the wetlands would infringe on the rules and regulations of the Trustees. Permit#5631, in accordance with the survey prepared by Joseph A. Ingegno, last dated January 12, 2004 and referencing wetland lines delineated by En-Consultants,Inc. dated March 4, 2002 and July 16, 2002 only,meets the Board's criteria, as approved on September 25, 2002. This is not a determination from any other agency. If you have any questions,please call our office at (631) 765-1892. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK:lms O0�gOFFO(,rtOr ELIZABETH A. NEVILLE _@` �Gy Town Hall, 53095 Main Road TOWN CLERK p s P.O. Box 1179 w 2 1+ Southold. New York 11971 REGISTRAR OF VITAL STATISTICS cp • g^ Fax (516) 765-1823 - MARRIAGE OFFICER Telephone , 765-1800 0 RECORDS MANAGEMENT OFFICER y'jfpl a� - FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer) . One copy will be returned to you in response to your request, or as an interim response. SECTION I. TO: Town Tru-tees (Department or Officer, if known, that has the information you are requesting. ) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information. ) Minutes of rmbiic hear-ing on 10/22/03 relating to the application of Gregory P,i tzzanobil,?, SOTM . 7 Signature of Applicant: L G C Printed Name JAM S E. FITZGE , Address 385 HAYWATERS DRIVE, CUTCHOGUE Mailing Address PO BOX 617, CUTCHOGUE NY 11935 Telepho tuber 631-734-5800 Date: Noveriber ? , 2: a.f,,. I l APPROV —! ywr [ ] APPROVED WITH ELAY* [ ] DENIED* y � oydY Elizabeth A. Neville Daft Freedom of Information Officer * If delayed or denied see reverse side for explanation. 0- low FPr—o) er—T Permit Services P.O. Box 617, CutchogueNY 11935 Phone: 631-734-5800 Fax: 631-734-7463 MEMORANDUM DATE: 10/16/03 TO: Trustees r FROM: Jim Fitzgerald I SUBJECT: Mazzanobile, 41000-59-1-21.6 & 21.7 Here are an original and two copies of the most recent survey showing the "new" wetlands in the south comer of the property, flagged by both the DEC and En-Consultants, and a"new" rectangular wetlands area in the north-central portion of the property, as flagged by the DEC. E C E I E D D or , Southold Town Board of Trustees FProper-T A.>rmit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 MEMORANDUM DATE: 10/16/03 TO: Trustees FROM: Jim Fitzgerald SUBJECT: Mazzanobile, #1000-59-1-21.6 & 21.7 Here are an original and two copies of the most recent survey showing the"new" wetlands in the south comer of the property, flagged by both the DEC and En-Consultants, and a"new" rectangular wetlands area in the north-central portion of the property, as flagged by the DEC. � D OCT 1 6 2003 goutMW torm Board of Trustees euauT a �TM+f1� SURVEY OF 3. i is "w"wrvrr=Mw 0 y� .4c SUBOMSION X4P Fox MEAL r■C MOM sm■ OneeE® q0 s CONSTANTINE P. GEORGIOPOULOS zmw,r: ■r wo?�,w,a1.■i 1.a.W nOm.M.�EWa el, nLE Me. 74" FIRM .W"M 29. IM �a� rw �.rM°■ i 956 leru6.�,ew.nm '�� ;`'T p SITUATED AT M AE X Avw rzoerMED M M i1ME rr-wrl MApIML i y .. MMMr awe TAM( CAFAMM FORA , IS s�nsr ��, YJ SOUTHOLD r lAss ■r1AR. 1 =04 r LOW X-r sR[. r-T' AFL . c TOWN OF SOUTNOLD a 1 M M 41waMssa =MA.3/1 10 4 r 010 P M °a ' AORK ''�3�•� Ae■10 O.■lrs EesL ed `� �� ,y 9t& 5 CF TAX No. 1000-59FOLK COUNTY, E 01 Y21.6 1000-59-01-21.7 ® EsrsEs uAar 1■si -i AL TEST flOLe IYTA SCALE 10=5W Aron 2veey�TAIr `, (>W AUE'NA N 1rYY1p_a�ON PiM W A 20M) a1AR<11 �0. 2942 ■. /Pay APMD!rljtlwl1 MAWs11AEtOF giAM. MM MN S.C. TAX We. 100{-a1-O/-21.a l u JULY H. 41uR R11�16i f071C srslEr. a[ NafaO 1a1AY A� ,-pYc �� LOT 06 o ,,,� Mo%Ep141 AAM \ / \ +�, .,s}ir°rew s a' 7;2np3 IIERAIM �Q .� TG��/�1 \ .�a�' OC100En7 1 3. 20i3 IlI{;Mpf�DT� FLAGS wwom smam _ _ `Ovd. AREA = M17A.M s0. !t. • � 1 J1/0 as AL , ' /' / � i� .. ., � e,se,■■■E of rEs SEPTIC SYSTEM Ar 1Y,y • rr ,, // h. ,o�rar. sS'TAINXG- FALL DESIGN Br.• K u b JOSEM FISMETTI. PE �` � r `� 1725 NOYAItT ROAD AL � q•� /_ % � _.7 r `SOU--TNOL0,2 S411971 PROPOSED gFTIC A SYSTEM DETAIL e■. +.w /9y �O ALAL � — ,/ / �10 � R'6 tY mil' ��'E■L r A L ) ' • 1 d/y «�, ww.Is01 mr .EUb ,,__ S.C. TAX Ne. 1000->b-0I-21.7 \ I _ 'i '_LOT O M 1 '% --" - • . Mr.a ar - \ ,MIL � � I ' ij.:.:-f ,. _ .jam_ _ �iPAOt ` �„• , _ .:.. - fir' . , F/ / MFAC TAM (1) _ nli'o.reo■x■�■um•ux 1LACIWC POOL4 (i1 JAL1 'M /Y!M ' . I � \ ` ' ,. 1�p■�■�1�.,o.�a,.e■a n■erM�DER• =Aa�e.0,rE 4 rrr sEs=naMw o aew!+If.r =. j!f•L f V Frew a■w.E on swa I \ �` 1 ♦ti s MEW ■r=e ■■ mw. w E _� Oeei■w.i aE■� �\ ,'I I J%� 6 .! _ ,a�'}�1� f 1r•lsl tlL .pE".rc,■us[o a,/.'1 i M f ram. i ra ..I A4•�r1i (� M � i i t�iTyl �'� .•ro...w.M�.r.Ewe�rirM ,..M� >wu�.wr� DE C E U PROPOSED (;jrNC. RETAaw1c WALL DETAIL 2003 - ' southo & Board of Trustees / T) \ Fp I+A SVP j a ow , I 1 1 : t ...�.■ Ape JiLCA Land Survoybr ,/'f��,/, r„� ,�� nn. s..r - a+r+tln'+ - sE.w.. - a.rrelY■ +�.+ Faa {OJ1)M7-172� Via{i�opat�E� y '.`PLtQ. '•�EAa`�•".W\b ,r 4e a■r•Ar 1r 4W �LoomAr _ IEYM AMMMIf f OMrMlll®.�7gYM 111E 1/ �c • paimr..gI1.Mal IOw�hrL�WII Mal "El 10/06/03 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD NY 11971 RE: REQUEST TO ADMEND PERMIT#5631 SCTM#1000-59-1-21.6 &21.7 GREGORY MAZZANOBILE DEAR SI RS: ON 9/6/02 1 BROUGHT TO YOUR ATTENTION THAT THE WETLAND BOUNDARY MARKERS AROUND THE NATURAL CRANBERRY BOG WERE SEVERAL FEET INSIDE THE BOG AND NOT ON THE EDGE OF THE BOG WHICH WOULD IN FACT BE THE START OF THE NON- DISTURBANCE BUFFER ZONE. ON AUGUST 8 2003 WHEN APPLICANT'S SURVEYOR [EN-CONSULTANTS INC.]WERE ON THE LOT FLAGGING THE WETLANDS ON THE WEST SIDE OF THE LOT [WHERE APPLICANT PROPOSES TO PLACE HIS CESSPOOL] I MENTIONED TO THE SURVEYOR THAT THE WETLAND FLAGS IN THE NATURAL CRANBERRY BOG WERE NOW ABOUT 10 FEET INSIDE OF THE BOG. THE SURVEYOR ADVISED ME THE NATURAL CRANBERRY BOG HAD GROWN AND EXPANDED. HE INDICATED HE WOULD FLAG THE NEW WETLAND BOUNDARY OF THE BOG. THE RE-FLAGGED BOUNDARY ON THE WEST SIDE OF THE NATURAL CRANBERRY BOG IS NOW APPROXIMATELY 49 FEET FROM THE MARKER FOR THE PROPOSED DWELLING. APPLICANT'S MOST RECENT SURVEY DOES NOT REFLECT THE EXPANSION OF THE NATURAL CRANBERRY BOG, BUT USES THE EDGE OF THE WETLANDS FLAGGED IN JULY 2002 ONCE AGAIN THE APPLICANT HAS FAILED TO SHOW THE ACCURATE LOCATION OF WETLAND AREAS ON HIS SURVEY. THIS DECEPTIVE PATTERN OF BEHAVIOR BY THE APPLICANT HAS BEEN CONSISTANT THROUGHOUT THE PROCESS. I WOULD LIKE TO CALL YOUR ATTENTION TO THE RECOMMENDATION OF THE SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL WITH RESPECT TO THE NON- DISTURBANCE BUFFER. THEY INDICATED THIS PROJECT REQUIRES A 75 FOOT NOW DISTURBANCE BUFFER. YOURS TRULY' GEORGE BAMBRICK PO BOX 1064 SOUTHOLD NY 11971 pECEIV 10/20/03 0 2003 D OCT 2 SoamoN b" 6mrd of runts» BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD NY 11971 RE REQUEST TO ADMEND PERMIT#5631 SCTM#1000-59-1-21.6 &21.7: GREGORY MAZZANOBIL CC: SUFFOLK COUNTY DEPT. OF HEALTH SERVICES OFFICE OF WASTE MANAGEMENT ATT: CHARLES BRIGHAM COUNTY CENTER RIVERHEAD NY 11901 DIANE RADKE NYS DEPT OF ENVIORNMENTAL CONSERVATION BLDG 40 SUNY STONYBROOK NY 11790-2345 DEAR SIRS: I RECEIVED THE APPLICANT'S 7TH REVISED SURVEY DEPICTING THE LATEST POSITION OF HIS PROPOSED CESSPOOLS.THE NEW LOCATION PLACES THE SEPTIC TANK 46 FT AND THE LEECHING POOLS 85 FT FROM THE WELL OF MR MANOLAKOS [ LOT 1000-59-5- 8.11 I ALSO NOTICED THE APPLICANT FINALLY INDICATES THE WETLAND SURVEY FLAGGED BY THE D.E.C.. THIS SURVEY SHOWS THE LOCATION OF THE PROPOSED DWELLING INSIDE THE 50 FT NON-DISTURBANCE BUFFER FROM THE NATURAL CRANBERRY BOG. THE PROPOSED POOL IS 20 FT FROM WETLANDS. THE PROPOSED CONCRETE RETAINING WALL IS 40 FT FROM THE WESTERN BOUNDARY OF WETLANDS I CALL YOUR ATTENTION ONCE AGAIN TO THE RECOMMENDATION OF THE SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL. THEY INDICATED THIS PROJECT REQUIRES A 75 FT NON-DISTURBANCE BUFFER ZONE YOURS TRULY GEORGE BAMBRICK PO BOX 1064 SOUTHOLD NY 11971 Gregory D. Dwyer 3961 Taft Ave. Seaford, N.Y. 11783 Home Phone(516)781-4391 September 2, 2003 Board of Town Trustees D Town of Southold P.O. Box 1179 SEP ` 3 Ep Southold,NY 11971 Southow Tm Board of Trustee Dear Sirs; As a second home owner on Lake Drive for 26 years, I was shocked to hear of the planned development by Mr. Gregory Mazzanobile at 1460 Lake Drive. What was most surprising was the environmental disregard this development poses. The wetlands that presently exist at the site are a unique feature of the area, and once distroyed, can never be replaced. Through the years, I have personally observed white tailed deer, pheasant, and snapping turtles at the site. I truly believe that the amount of excavation planned would be devastating to the fragile ecology of the area. At a time when farmland preservation and limits on growth are being so widely discussed, shouldn't there be just as much concern for protection of our wetlands? Construction of retaining walls and importation of fill do nothing but irreparably alter the natural makeup of the land. When I see wildlife in the dunes on Lake Drive, I am able to watch, up-close, a natural routine that has played out on the North Fork for hundreds of years. I urge you to deny the requested land use permit and preserve the dunes and cranberry bogs on Lake Drive as a living treasure of wetland life in Southold Town. Sincerely, Gregory D. Dwyer 1-Z 7�t `- 1/` i l— rE ( � n I d4 11,1-C I EC- E IV E AUG UG 2 0 2W3 buftm TM Bard of Tmstm KENNY'S BEACH CIVIC ASSOCIATION PO Box 881 Southold, New York 11971 Mr. Al Krupski, Chairman D D Southold Board of Town Trustees PO Box 1179 JUL 14 Southold, New York 11971 1nR Re: Request to amend Permit# 5631 d 1 SCTM# 1000-59- 1-21.6&21.7 Gregory Mazzanobile Dear Mr. Krupski: The Kenny's Beach Civic Association is very concerned with the above request to amend permit# 5631. The proposed relocated septic system will now be in the middle of a class A wetland area. The proposed construction of a concrete retaining wall 8 feet in elevation and a timber retaining wall also 8 feet in elevation in this fragile wetland area will adversely effect the very sensitive ecosystem present in this area. ' e lY2 Charles Luyster President -ECE'BOARD OF TOWN TRUSTEES ' V E TOWN OF SOUTHOLD RFJUL 1916PO BOX 1179 SOUTHOLD NY 11971 2 3 2003 JULY 18,2003 Southold Town Board of Trustees RE:APPLICATION FOR ADMENDMENT TO WETLAND PERMIT#5631 BY GREGORY MAZZANOBILE 1460 LAKE DRIVE SOUTHOLD NY 11971 SCTM#59-1-21.6&21.7 DEAR SIRS: THE FOLLOWING RESIDENTS OF THE KENNY'S BEACH AREA WISH TO GO ON RECORD AS STRONGLY OPPOSING THE GRANTING OF AN ADMENDMENT TO WETLAND PERMIT#5631 FOR THE ABOVE APPLICATION . THE APPLICANT PROPOSES CONTRUCTING A SEWAGE DISPOSAL SYSTEM WITH A SEPTIC TANK AND 5 LEACHING POOLS BOUNDED BY TWO[21 RETAINING WALLS.A CONCRETE WALL 8 FEET IN ELEVATION AND A TIMBER WALL ALSO 8 FEET IN ELEVATION. THIS SYSTEM WILL BE LOCATED IN A CLASS I WETLAND AREA. THE PROPOSED ADMENDMENT,IF GRANTED,WILL CREATE IRREPARABLE DAMAGE TO THE FRAGILE ECOSYSTEM PRESENT IN THIS AREA THE ADDITION OF 650 CUBIC YARDS OF FILL COUPLED WITH THE PROPOSED RETAINING WALLS IN THIS LOW LYING SITE WILL CHANGE THE TOPOGRAPHY OF THE AREA AND THREATEN THE EXISTING WETLANDS ON THIS SITE THE PROPOSED SEWAGE SYSTEM WILL SERIOUSLY AFFECT THE CLEANSING AND RENEWAL FUNCTIONS THESE WETLANDS PROVIDE FOR"GREAT POND".THE PROPOSED SEWAGE SYSTEM WILL ALSO AFFECT PRIVATE WELLS ACROSS THE STREET FROM THE PROPERTY WE STRONGLY URGE THE BOARD TO DENY THIS APPLICATION NAME ADDRESS 1. f vA e an ieo2 �l5 L�/fie b ,��rJ� 2. K � 4e �2 s 3. /�G�p ,t � q� 4. / t y� ,�ak� .pI s. 77j �,tyits OR r✓� NAME / 7 ADDRESS 33_ 34. rx 2�� /'Vibl� �A �J6 -4tkoLA �14.*71 -0gzy 35. 36. G.-Ji. � �� 1uwa92, s1 9�2>��4`i1k. fs,./ ��t.� da�.I'►e.�l.� 37. C1/. /IPfCIMr�If'� ��-+�[F\��Z{ (J •$GCL 38. Ct �j((�?.Q I'f1�p J L�l�✓ �'L� Jj✓� . 39. i� �� `m✓lZ e 40. o Sb � t�df ifD- so J?ht7� 41. V 42 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. NAME. ADDRESS l h a \`b/� 6. vV, �^ vV \ - F CAM- r, 7. � - 7g51QKQ0r. 8. �,�GL 9. /kRR !a It IC4- 6i Qtk /(S o s cev 4,- Nr2� ,o� 37 3 S- /G � [A- 13. WQ� 1.s w1(�D r--.l (Z l 1�I_�l ' �p�C�r��v�. 14. ALL 15, 16. 17. 18. 20.�, �ililiL //� SeY J/i 21(flou'� � XH 47 Y 23 ! 24p.►�q QD z5. �17 I,� _ //b yS" .E�o 26. 27. 3 9 itlo S ZYi Sov 28. 29. 30. /U7r Zk 31. = SDS /EKE DfLIVG .SonY+o4f,��'. E N>v a p EcE JUL 2 3 2003 D JULY 16,2003 Southold Town Board of Trustees BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD NY 11971 RE: REQUEST TO ADMEND PERMIT#5631 SCTM#1000-59-1-21.6&21.7: GREGORY MAZZANOBIL�E CC: SUFFOLK COUNTY DEPT OF HEALTH SERVICES OFFICE OF WASTE MANAGEMENT ATT: CHARLES BRIGHAM COUNTY CENTER RIVERHEAD NY 11901 DIANE RADKE N.Y.S. DEPT OF ENVIORNMENTAL CONSERVATION BLDG 40 SUNY STONYBROOK NY11790-2345 DEAR SIRS: I RECENTLY RECEIVED A COPY OF A LETTER ADDRESSED TO YOUR BOARD FROM 'PROPER-T PERMIT SERVICES IN WHICH MR. JAMES FITZGERALD INDICATES THE REASON HIS REVISED SURVEY WAS DELAYED WAS THE REFUSAL OF SEVERAL OF THE NEIGHBORS TO PROVIDE HIM WITH THE LOCATIONS OF THEIR WELLS AND SEWAGE DISPOSAL SYSTEMS THUS NECESSITATING THE RELOCATION OF THE SEWAGE DISPOSAL SYSTEM. I AM RELUCTANT TO QUESTION MR FITZGERALUS VERACITY BUT HIS STATEMENT IS NOT FACTUAL. I AM ONE OF THE NEIGHBORS AS IS MY SON AND MR FITZGERALD NEVER CONTACTED US. I ASKED MY OTHER NEIGHBORS AND NONE WERE CONTACTED BY MR. FITZGERALD. I BELIEVE THE REASON THE APPLICANT IS REQUESTING AN AMENDMENT TO PERMIT# 5631 IS AS FOLLOWS: THE ORIGINAL LOCATION OF THE SEPTIC SYSTEM WAS LESS THAN 100 FEET FROM AN EXISTING PRIVATE WELL ON SCTM# 1000-59-54THIS LOT IS DIRECTLY ACROSS LAKE DRIVE FROM THE APPLICANTS LOT AND THE WELL HEAD IS READILY VISABLE FROM THE STREET. THE ADJACENT LOT ALSO HAS A PRIVATE WELL. BOTH LOTS DO NOT USE TOWN WATER. BY RELOCATING THE SEPTIC SYSTEM TO THE NEW LOCATION AS SHOWN ON THE REVISED SURVEY [INGEGNO, LAST DATED 6/6/03]THE SEPTIC SYSTEM WOULD THEN BE MORE THAN 100 FEET FROM THE PRIVATE WELL . UNFORTUNATELY THE NEW RELOCATED SEPTIC SYSTEM IS NOW IN THE MIDDLE OF A CLASS 1 WETLAND .IF YOU RECALL THE APPLICANT ERRONEOUSLY INDICATED ON HIS ORIGINAL SURVEY THAT ALL DWELLINGS ACROSS FROM HIS LOT HAD TOWN WATER THIS WAS NOT THE CASE. HIS WETLAND CONSULTANT FAILED TO OBSERVE THE NATURAL CRANBERRY BOG ON THE EAST SIDE OF THE PROPERTY ON HIS ORIGINAL SURVEY AND HAD TO RE-FLAG THE BOG IN JULY 2002. ONCE AGAIN THE APPLICANTS DOCUMENTS FAIL TO INDICATE OBVIOUS WETLAND AREAS WHERE HE PROPOSES PLACING HIS REVISED SEWAGE DISPOSAL SYSTEM. 1 WISH TO GO ON RECORD THAT I AM OPPOSED TO THE GRANTING OF THIS ADMENDMENT TO PERMIT#5631 SCTM#1000-59-1-21.6&21.7 GREGORY MAZZANOBILE FOR THE FOLLOWING REASON : THE CONSTRUCTION OF THIS SEWAGE SYSTEM IN THIS VERY FRAGILE ECOSYSTEM OF WETLANDS WHICH IS FREQUENTLY UNDER WATER AS SEEN IN THE SERIES OF PHOTOS THAT WERE PREVIOUSLY SUBMITTED TO THE BOARD DURING THE ORIGINAL APPROVAL PROCESS WILL CAUSE IRREPARABLE DAMAGE TO THE WETLANDS AND" GREAT POND'S" NATURAL DRAINAGE OUTLET AND RENOURISHMENT SOURCE PLEASE KEEP ME ADVISED OF THE STATUS OF THIS APPLICATION YOURS TRULY, GEORGE BAMBRICK PO BOX 1064 SOUTHOLD NY 11971 o�gUFFO[,r�o ELIZABETH A. NEVn LE Town Hall, 53095 Main Road TOWN CLERK C P.O. Box 1179 HN REGISTRAR OF VITAL STATISTICS at Southold, New York 11971 Gy • MARHIAGE OFFICER Fax (631) 766-6145 i RECORDS MANAGEMENT OFFICER �a� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer) . One copy will be returned to you in response to your request, or as an interim response. SECTION 1. G TO: \ C S 7, S Z [ -(Department or Officer, if know, that has the information you are requesting. ) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information. ) Signature of Applica Prlhted Name: e0 2 9/7'7 /'/ C Address: ,, 2 OG!/' -/I- Mailing Address (if different from a//bovve) : D - iV Telephone Number: S~— A Lr 2 Date: /y a 3 ( I APPROVED RECEIVED ( I APPROVED WITH DELAY* [ ) DENIED* Q� JUL 14 2003 Elizabeth A. Nev� Date Freedom of Information Officer Southold Town clea * If delayed or denied see reverse side for explanation. Town Hall Albert J.Krupski,President • O�suF fold OG 53095 Route 25 James King,Vice-President C P.O.Box 1179 Souino d,New York 11971-0959 Artie Foster Ken Poliwoda ON Telephone(631)765-1892 Peggy A.Dickerson . !� Fax(631)765-1366 y�ol � Sao BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO HALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCAT ON OFDTHEO PERMIT. MAZZANOBILE INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction 1/2 constructed Project complete, compliance inspection. Two Inspections @$5.00 each $10.00 JrDims 1. ELIEVDAIIST .A&Z= SM" "'My-womlIT UM DAT .G , �JE SURVEY OF OMI2. THE LOCATION OF WELLS Ay i!ESfMpS SHOWN HEKOM ARE FRDN FIELD OBSERVATIONS AID/Q LOTS 6 & 7t DATA OBTAINED FROM OTHERS. p'� °�T 3. F SUBDIVISION MAP FOR FLOOD ZOK INFORMATION TAKEN FROM: � Q'�`. "°°° "° """°` """ "M' """°"°"` ° f CONSTANTINE P. GEORGIOPOULOS zOME ME: BVE fL000 F3LwIIo9s ce1vs.Nm 90 Zb s l(\ ZOK %': NFAS Qf S um T IN I /RIMS Of taDRAIN FlbOp MIDI AIVMOE T )• FILE No. 7614 FILED !RHUMBA 29, 1%5 °FP"'sIINAI°Fe r�i.w"io AIFIAS�'FIIO FPm m naN ,RAINAGE � �ao-r FUIOO 433 '� SITUATED AT zaNE x: AMM DEMINED To BE OUTSIDE 500-YEW FIDODMNN A. MINIMUM SE►FIC TAN" WACITES FOR A 1 TO 4 BEDROOM HOUSE �� .L �Os `y� SOUTHOLD 3 1.000 GALLONS. 1 TANK; O S' LONG. 4'-3' WIDE. 6•-7' DEEP \ 5. MINIMUM! LFACHMO SYSTEM FOR A I TO 4 KNOOM HOUSE ?a� �Illc <^ �o TOWN OF SOUTHOLD Is SOO .q. Iff.M sRIEwALL AKA. s PooLs: x' DEER, 6' t��^ SUFFOLK COUNTY, NEW YORK AL S.C. TAX No. 1000-59-01-21.6 naru>Mn clvNsaN roaL W �v .z 1000-59-01-21.7 ® PIIOPOS[D L,MLHIIG FOOL ` `` _ TEST HOLE DATA SCALE 1"=50' ® MI6PoaD sm¢ TArw _ i' OEST HOLE DUG BY QV FEiRUAR,26, 2Do2/ MARCH 28, 2002 1 S. APPROgYATELY 1.100 1M. yam OF CLEAN FILL TRUCKED IN S.C. TAX No. 1004-59-01-21.6 0 JULY 19. 2002 MOOED WETLANDS AU TRAM AN IIPIAND SOURCE SMALL K NEEDED FOR THE PROPOSED GUST 13. 2002 REVISED SITE PLANY111C SYSTEM. qYl , AL AL LOT (6 1 NOVEMBER 4, 2002 REVISED PROPOSED POOL L \ AL \ ')� 6wE ,FeE JUNE 6. 2003 REVISED PROPOSED SANITARY SYSTEM '\ N , F°aE Dix / 'k^ ro INDIN awn w AUGUST 7. 2003 LOCATED WETLANDS QGr 1 RAORmTrrt� "� OCTOBER 3. 2003 REVISED PROPOSED SANITARY SYSTEM NVLFSN a xO�, MI-2.V OCTOBER 12. 2� ADDOIOM AI NOTES` DECEMBER 3. 2003 ADDED WELL LOCATION ACROSS STREET JANUARY 12. 2004 REVISED SEPTIC SYSTEM TO MAP DATED AUGUST 13, 2002 F' G J✓YL 7 i L �. , .`"iir' ALMS Fl / / / i .��Oi' '.� 2VAT "�i,- , WOMNsP i G � Lo•,.� �y�b may. AREA = ay. ft. AL ID 1.840 ac. SEPTIC / `2 - Zr�' / _7 RET ININC WALL L DESIGN BY. o� ILL / / /--1 °' JOSEPH FISCHETTI, PE 1725 HOBART ROAD e / SOUTHOLD, NY 11971 o X e " � �- - .. / �'/'/ ,w'F A�p,0-° 631-765-2954 � � .�� AL •'y � 1 �� _,A��1 � / i _� Rio 3YfL � '1, f � 0AL - - S.C. TAX No. 1000-59-01-21.7 \\\I 10 W LOT (2) ".13 'i co co Lli 0 bm" H � / f',. PROPOSED SEPTIC STEM DETAIL SO 0 THE FRcs"wAT[x eou xr �s _ ".: , -i v ,wsE WE1LAFp ,�S Mx W �/ EOUAI TO EN-WNLILTANTS LINE SNONW �/ \ �I a� ON TI��SLUAR�V{E� SURKY�/PpK'. BY J°SEP" 4iJ. . I• �, /, b` MfEO aRtlE / ~ h .}- OEMOlf°TFB APKRVMTELI' 1�i-1p Fly J' I -l'::: .7T.al:_:: -�'i1'/�,f0 ncv. a.,• nEv. eU' ryy uP fy BV R. ON S/6/os _/ I {L \` .1s J;r. :r.' I1 4•ow TaP a >.3 N. 0 W ,� M1�4. '� ( 1�9h 4�9 ew a '`FPRo+m PPE LEPI, ❑.nrc T, T abw Q I/A•/1• ew.1�rol • RN.`a 6s• 140L �L+ Q O 3 / i ray ;:4 J� m oLLJ >L L / / ' u / y „IP 74' p nsm snP""oaL mTM�i eDr. ¢. ea .aaLRo waEN b(^/ � ��}` SEPTIC TANK (1) Y�, �( '. ,T"R"MUw6c s iaa 4_?iW0 Faro moaw,nls s fmo cNlaxe. / Y LEACHING POOLS (5) F ' , l v cacao[MfEu xne A MIYN C011r1®w aIIMMIM a 3.OM r M a>Y1 'e'!Rm 2- .armu ran A,,o A�uouf no-a r,m ce n m.LA wrw r.A Tar TMiO®a r rrW A Wma, a.•. 2.UAOMM roan ME to ME OMMIIUCTO OF rNmWr oleaR>D mxrxE a ,emu a'aiI wlE SPED W Sf0rrTiw um 4 ro Ws.rw rwm ra¢D>,o r+. LOCUS rMurnAo.IDLM am"DAL NAR (� T i p •/ v / w fA v��r�,o MAMEZ �viow aitnD mr s�'UNE M�wa M Mr MJ1L TRIM M M ed"me w IE14 N wl OWla101W(911N A W4 1aDYNa pf 21 1 M A NM4W r TRIM�R LbMCIFD 1W.E MML Y"MI! G NI e'M"�MQ trRM�NL L[.tli FOaf wM OIC lIM MMLL e[YVILwm. �IO / / ` \ .SS / / �� 4 A 1C inh DMPMa ET,FEII,EPIC 1wM wM 'II m , JAIL .�s •tp4r� TO ATM OF CRIS 91RIV ALTERATIONAMCC OR ADMIpN I r �i ,{ fi f 711 TI EY ME MEW MA STALE F1)F 1 r/"/ T ^ C/ " /TIlE TI ESMII MINIMUM ^1Tng 0.UE S' cares aF TMs wmcA Mw Eor anmrc 4 P ?, -yx �� / 4 '� a �wD AAX LOO w LAND SURAVOR's WOODMmseaH°Rsmm � - ' i , ^�� Joseph A. Ingegno Land Surveyor *P BA TIE PpF,OM FTRN T T rIEPMIIED,NND aN xB BDAEF ro nE $ , TOLE calsAxr, aD.saMIORAt mcr_wo TO MASSK EES U9tD LDdIG N50 { "y/ tTl rxk su,.q, - suaWArdone - .sil. Pbna - caMh„c6on LqM !TON. CFRIIIfATKNS ARE ACT TIIa16ERAME. AL w THE EXISTENCE OF RIGHT OF WAYS PHONE (631)727-2090 Fax (631)727-1727 CC � AANDHr�OIwT sxowN AK NOTRECOo"u°AR,vrtF EEO. �,�`? ,�,p - � o - OFFICES LOCATED AT INN.NG ADOfi65 • N.Y.S. Lk:. No. 49666 322 ROANOKE AVENUE P.O. Box 1931 RAERHEAD, Neal York 11901 Wvskfta. NcW Yak 11901-0965 `emu �, � • / { rr • • t iF� '� rl 11 • . . t.} kllv MWIT i - � • _ _ : � � � as f;� J �."��.. �.1�.", w ._-._ �`� �r "..r''.�.1 t.� a�,mi.. •..1 L ^A�r:;?' •i.�... TMMS &nd WNDMONS Gregory Mazzanobfle Toe Permittee reading at230 East 48th St. , New York K Y,, as part of the consideration for the IOU of the Penult does uode:ttaud and presuibe to the lb!- I. Thu the said Board of Tcastea and the Town of Soudwld we rdeued from ay and all damages, or Maims for damsges, of stilts arising directly tie inditecdy a a result of any oper- ation paformed pursuant to this permit. and the aid Pemdmm will, at his or her own ezpenx6 defend any and all such sdts'Wtiated by third pudes, and the said Petalme assumes full Babilky with respect thereon, to the oomplete'ezdludm of the Bond of Trustees of the Town of Sooftm 2. That dtis Permit is valid for it period of 2_ mos, whkh Is considered to be dw estimated time-recp i to mmplew the work involved, eart'sbauld dm mstanas warrant, request for an extension may be made to the Hoard at a later due. 3. That this Permit should be retained indefinitely, or as long as the old Permian wishes to maimin the structure or project invoived, to provide cv d to anyone concerned thu such- oriadont was originally obtained. 4. That the work involved will be subject to the inspadon and approval of the Board or Its agents, and ran-eompliaom with.the provisions of the odginating applindoo,may be coax for revocation of this Permit by resobrdon of the said Board. 5. Thu there will be no unreasonable Interfere= with navigation as a result of the work herein authorized. & Tim dwe shall be no inoafawm with the eight of the pteblie to past and RPM dOOB the bm& between high and low water -440 7. That if future operations of the Town of Southold requite the removal ud/ot slatatioos in the location of the work herein aothotized, or if, in the opioion of doe Board of Trustees, the. wodr shall cause tmressombk abstraction to free oarlgadon, e said permiaee will 6e requited. upon due notice, to remove or alter this vm[k or projects bade stated without expenses to the Town . Of southold. 8 That the said Board will be notified by the Pennittee as d w ggoaptedws of the soak stab- . oelaed. 9. That the Permitoee will obtain all other permits and dhu arq be required Np' - plertreatal to this permit which may be subject to revoke upon fdlm to obtain tame gOfFOI,� Albert J. Krupski, President O� CO Town Hall `t G 53095 Route 25 James King,Vice-President yJ� P.O.Box 1179 Artie Foster Ken Poliwoda Z Southold,New York 11971-0959 Peggy A. Dickerson Telephone (631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 25, 2002 Mr. James E. Fitzgerald, Jr. Proper-T Permit Services, Inc. P.O. Box 617 Cutchogue, NY 11935 RE: GREGORY MAZZANOBILE 1460 LAKE DR., SOUTHOLD SCTM#59-1-21.6&21.7 Dear Mr. Fitzgerald: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, September 25, 2002 regarding the above matter: WHEREAS, Proper-T Permit Services on behalf of GREGORY MAZZANOBILE applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated May 3, 2002, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on September 25, 2002, at which time all interested persons were given an opportunity to be heard, and, WHEREAS,the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, 2 • 0 WHEREAS, the structure complies with the standards set forth in Chapter 97 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of GREGORY MAZZANOBILE to construct a single-family dwelling and deck and swimming pool, all with the condition of a 50' non-disturbance buffer, gutters and drywells are installed to contain the roof run-off,hay bales are placed down prior to construction, and as depicted on survey prepared by Joseph A. Ingegno, last revised January 12, 2004, and referencing wetland lines delineated by En-Consultants, Inc. dated March 4, 2002 and July 16, 2002 only. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$5.00 per inspection. (See attached schedule.) Fees: $10.00 Very truly yours, Albert J. Krupski, Jr. President,Board of Trustees AJK/lms -, x _ � Board Of Southold: Town Trustees t SOUTHOLD, NEW YORK ^= DATE: ..Sept. 25:,._2002 �• �'� < PERMIT NO. ISSUED TO ....... .._...GREGOR.Y.-MAZZANOBILE._..._..._......_...___.......... ,�ufl�nrt�tt#inri ., Pursuant to the provisions of Cha 15 of the Laws of y the State of New York, 1893; and Cha er 404 o the Laws of the w State of New York 1952, and th hold Tow Ordinance en- titled ."REGULATING AND THE P CING OF BSTRUCTIONS k. IN AND ON TOWN WATER D PUBLI DS and the OM REMOVAL OF SAND, GRAVEL THE c ordan eL with the LANDS UNDER TOWN WATER a Resolution of The Boar do fed at m ing held on _Sep.t...25.,_. h -2002 _, and conside tion the of �.._.200.00 paid by g Y t Proper-T Pe lti.. ery es b ha7f of Gre or Ivlazzanobile of ..._.._. .. . , N. Y. and subject to the CuYc}..�...._... . Terms an n dos li o the reverse side herw . t of Southold Town T as authoriz and Permits the fol6w;nm- Welland Permit to construct sing f ily dwelling deck-with pool closer to the house-cut off that back stringer to make that o disturbed are no overall loss in bufler it would s consolidate the activity and there be t non-distur cc buffer around the cranberry bogue install on site sewage disposal system ith a new plan a submitted- haybales be placed at the 5o foot non-disturbance buffer during construction. all in accordance with the detailed specifications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees Mere- b causes its be Corporate subscribed bya aB these maiority of the saidBoa d s of this date.to WAY • N p Pi 7- - NA 3,� v" rntrttat :s ' �rj•. ,,�� ' � ,�;� 'mow A► TERMS and CONDITIONS The Per»uittee Gyegory--Mazzan ubt,, C residing at 1400 Lake A Seuthea}d N. Y, as part of the consideration for the issuance of the Permit does understand and prescribe to the fol- lowing: 1. Thu the said Board of Trustees mad the Tom of Southold are released from any and all damages, or claims far damages, of suits arising directly a indireaiy as a result of any oper- ation performed pursuant to this permit, and the acid Petmtittee will, at his or her own expense, defend any and an an& suits-inidsud by third parries, and the acid Permitoee assumes fall liability with respect thereto, to the complete esdudw of the Baud of Trustees of the Town of Southold 2. That this Permit is valid for a period of 2a mos. which is considered to be the estimated time required to complete the wocc involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permiaee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that sn& oriration was originally obtained. 4. That the work involved will be subject to the imsparion and approval of the Board Or its agents, and noncompliance with.the provisions of the originating application, may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the wodc herein authorized. 6. That there shall be no interference with the right of the public to Pass sod repass stops the beach between high sod low water marks. 7. That if future operations of the Town of Southold require the removal apd/ar alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the. work shall cause unreasonable Obstruction to free navigation, the said Petmittee will be requited, upon due notice, to remove or alter this work or Project herein Saud without ecpensa to the Town of Southold S. Thu the said Board will be notified by the Petmittee of the oomplerion.cf the wade arch- orized 9. That the Punitive wilt obtain all other permits and comsents that may be required suP' ' plememtal to this permit which may be subject to revolve upon failure to obtain same V Albert J. Krupski, President Town Hall James King,Vice-President -�ppSSFFO(,r 53095 Route 25 Artie Foster Ov ea, P.O.Box 1179 —3 Southold, New York 11971-0959 Ken Poliwoda o= � Peggy A. Dickerson W Telephone (631) 765-1892 p� Fax(631) 765-1366 %ol Sao BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 8, 2002 Mr. James E, Fitzgerald, Jr, Proper-T Permit Services PO Box 617 Cutchogue, NY 11935 RE: SCTM# 59-1-21.6 & 21.7 Gregory Mazzanobile 1460 Lake Drive Southold, NY Dear Mr. Fitzgerald: The following action was taken by the Board of Town Trustees during a Regular Meeting, held on September 25, 2002, regarding the above matter. x WHEREAS, Proper-T Services. on behalf of Gregory Mazzanobile Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May 3, 2002 WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on September 25, 2002 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, M 2 • WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 97-18 of the Southold Town Code. WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approved the application of Gregory Mazzanobile for a Wetland Permit to construct single family dwelling and deck - with pool closer to the house— cut off that back stringer to make that a non-disturbed area no overall loss in buffer it would consolidate the activity and there be 50 foot non-disturbance buffer around the cranberry bogue —install on site sewage disposal system with a new plan to be submitted- haybales be placed at the 50 foot non-disturbance buffer during construction. BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency,which may also have an application pending for the same or similar project. Fee must be paid, if applicable and permit issued within six months of the date of this notification. If inspections are required, at a fee of$5.00 per inspection (See attached schedule). FEES: $10.00 Very truly yours, or Albert J. Krupski, Jr. President, Board of Trustees AJK/cjc cc DEC building Department L(1L4-? Gc rL/ll' 1 f n � plyi e Standish, Lauren From: Terry, Mark Sent: Wednesday, November 26, 2003 10:18 AM To: Standish, Lauren Subject: Greg Mazzanobile SCT 59.-1-21.6 and 21.7 Lauren As we discussed I had a telephone conservatio (11/1'g/03)with Greg Mazzanobile regarding the setback to the septic system. Mr. Mazzanobile questioned my recom endation that the setbacks beset to the maximum extent possible pursuant to Chapter 97. 1 explained to Mr. Mazzanobile that the community he has chosen to build within is adjacent to and most likely within; is a rare community and that all mitigative measures to reduce impacts "habitat loss, erosion, water quality impacts etc..."will be taken. Mr. Mazzanobile acknowledged that he was aware that the community is unique. He proceeded to explain his situation with the neighbors well. The well location is unknown and therefore in an attempt to meet SCDOH standards, has requested that the Trustees decrease the setbacks to the wetlands. I explained to him that the Trustees have already compromised the setbacks and the distance to the well is solely under SCDOH jurisdiction and a Board of Appeals variance from that department should be sought. He agreed. I pointed out to him that he already holds a valid permit for the septic system in the front yard from the Trustees and based upon the sensitive nature of the communities it would be difficult to justify a decrease in setbacks. The house could be re-sized or re-oriented He indicated that he would pursue the SCDOH route. Based upon such, I would recommend that the Trustee's not produce an impact assessment report for the septic system at this time. I would recommend that the Trustees issue a letter to the agent referencing this telephone conversation and verifying the intent of the applicant. 1 gpFFO(,� Albert J. Krupski, President �� CD Town Hall James King,Vice-President Ty 53095 Route 25 Artie Foster P.O. Box 1179 w Z Southold,New York 11971-0959 Ken Poliwoda �. �►f Peggy A. Dickerson �f• � �� Telephone (631) 765-1592 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Mark Terry, Senior Environmental Planner FROM: Board of Trustees November 21 DATE: , 2003 RE: Gregory Mazzanobile SCTM#59-1-21.6&21.7 In accordance with your memorandum dated November 18, 2003, please justify how a septic system in the proposed area would have adverse impacts on the wetland system. As always, thank you very much for your cooperation. PLANNING BOARD MEMBERS co BENNETT ORLOWSKI,JR. ,ram , P.O. Box 1179 Chairman = y� Town Hall, 53095 State Route 25 CD Southold, New York 11971-0959 RICHARD CAGGIANO ccZ �. • � Telephone (631) 765-1938 WILLIAM J.CREMERS Fax (631) 765-3136 KENNETH L. DS MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD D E C 6 I U E NOV , 8 To: Town of Southold Trustees Southold Town From: Mark Terry, Senior Environmental Planner Board of Trustees Re: Mazzanobile, Gregory SCTM# 1000-59-1-21.6 1000-59-1-21.7 Date: November 18, 2003 A site visit was conducted on November 18, 2003 to assess the ecological community of the parcel. The parcel is comprised of secondary dune systems with Maritime Freshwater hiterdunal Swales occurring in the northeast and southwest sections of the parcel. These systems are dominated by cranberry(Vaccinium spp.). The Maritime Freshwater hiterdunal Swales are generally listed in Heritage Program Element Ranks as: Global Ranks G3- Either rare or local throughout its range, or found locally in a restricted range, or found vulnerable to extinction throughout its range because of other factors. G4—Apparently secure globally, though may be quite rare in parts of its range, especially at the periphery. State Ranks S2 —Typically 6 to 20 occurrences, few remaining individuals, acres or miles of stream, or factors demonstrably making it very vulnerable in New York State. In addition, to the above ranks, the communities are locally rare. All efforts to minimize adverse impacts from development should be applied including mandating the maximum setbacks pursuant to Chapter 97, Wetlands, of the Town of Southold Code. To insure the integrity of the wetland system in the southwest section of the parcel, I recommend that that the setbacks not be compromised and the amendment to Permit No 5631, as requested, be denied. The applicant should pursue a resolution through the Suffolk County Department of Health Services. I recommend that prior to any further approvals, the Board contact the New York Natural Heritage Program for further information regarding these significant communities. Proper T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 FAX MEMO Y) DATE: September 24, 2003 TO: Charlotte- Trustees FROM: Jim Fitzgerald SUBJECT: Gregory Mazzanobile; SCTM #1000-59-1-21.6 & 21.7 Please postpone the scheduled hearing on this project until the October meeting. Pages attached: None Sep 24 03 04: 49p Proper-T Permit Services 6317347463 p. 1 Proper.T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 FAX MEMO DATE: September 24, 2003 TO: Charlotte- Trustees FROM: Jim Fitzgerald SUBJECT: Gregory Mazzanobile; SCTM#1000-59-1-21.6 & 21.7 Please postpone the scheduled hearing on this project until the October meeting. Pages attached: None WX SEP 2 5 2,;u3 soutlwb 140 Board o1 Trustees p . l Proper-T Permit rvices P.O Box 617, Cutchogue NY 1 t935 Phone: 631-734-5800 Fax: 631-734-7463 FAX MEMO DATE: July 22, 2003 TO: Charlotte - Trustees FROM: Jim Fitzgerald SUBJECT: Gregory Mazzanobile; SCTM #1000-59-1-21.6 & 21.7 Please postpone the scheduled hearing on this project until the August meeting 1 1 Pages attached: None Town Hall. 53095 Main Road P.O. Box 1179 Telephone Oyu Southold. New York 11971 (631) 765-1892 1 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Conservation Advisory Council held Tuesday, July 15, 2003, the following recommendation was made: Moved by Bob Ghosio, seconded by William Cook, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Amendment application of GREGORY MANZANOBILE to Amend Permit #5631 to allow the location of the sewage disposal system and the necessary fill and retaining wall. Located: 1450 Lake Dr., Southold. SCTM#59-1-21.6&21.7 The CAC recommends Disapproval of the amendment application and the previous application for the Wetland Permit because the CAC has a concern with the proposed change in the grade elevations and the negative impact due to the run-off into the freshwater wetlands. There is also a concern with the elevations up to the edge of the wetlands. This project requires a 75' non-disturbance buffer. Vote of Council: Ayes: All Motion Carried Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-55800 June 18, 2003 RECEE � President D Board of Town Trustees Town of Southold ��Town Hall, 53095 Main Road Southold, New York 11971 B Re: SCTM#1000-59-1-21.6& 21.7: Gregory Mazzanobile Dear Sir: At the 9/25/02 meeting, the Trustees approved this application subject to the receipt of a new survey showing the pool relocated closer to the house. The revised survey is enclosed. The reason for the delay is the refusal of several of the neighbors to provide the locations of their wells and sewage disposal systems, and this necessitated relocating our sewage disposal system as shown. If you need anything else, please call. Si erely, / J es E. Fitzgerald, Enclosure: Survey (Ingegno, last dated 6/6/03)(3 copies) a subsidiary of THE PECONIC EASTERN CORPORATION KENNEY'S BEACH CIVIC ASSOCIATION P. O. Box 881 SOUTHOLD, NY 11971 October 5 2002 Ref: SCTM#1000-59-01-21.6/ #1000-59-01-21.7 Mr. Charles Brigham Suffolk County Department of Health Services Office of Waste Management UG I - $ County Center Riverhead,NY 11901 Dear Mr. Brigham, The two above referenced lots are located in wetlands section of the Kenney's Beach area in Southold,NY, north of Great Pond,a Class 1 Wetland. The area of the proposed construction is in a very fragile ecosystem of wetlands, frequently under water and contains a natural cranberry bog (approximately 55 feet east of the proposed dwelling). The proposed building site will place cesspools in lot #59-01-21.7, adjacent to Lake Drive and opposite two homes (lots 59-01-9 and 59-01-10, both of which have private wells. On September 25, 2002, the Southold Town Board of Trustees approved a wetland permit by a vote of 3 to 2, the dissenting Trustees were concerned that the proposed septic system was less than 100 feet from wetlands. Since the proposed cesspool site is less than 100 feet from wetlands and two private wells are also nearby, we feel that granting this permit application will threaten this fragile area and expose neighbors to unnecessary risk. Therefore, we encourage you to deny this application. Very truly yours, line Richter President Cc: Ms Diane Radke, NYS DEC ✓Mr. Al Krupski, TOS BoTT BOARD OF TOWN TRUSTEES PO BOX 1179 SOUTHOLD NY 11971 9/6/02 REF:APPLICATION FOR WETLAND PERMIT BY GREGORY MAZZANOBILE 1460 LAKE DRIVE SOUTHOLD NY SCTM#59-1-21.6&21.7 DEAR SIRS: I WAS GIVEN A COPY OF A REVISED SURVEY AT THE YOUR LAST HEARING WHICH NOW REFLECTS THE LOCATION OF THE NATURAL CRANBERRY BOG IN THE EAST PORTION OF THE PROPERTY. THIS SURVEY SHOWS A 50 ft UNDISTURBED BUFFER FROM THR EDGE OF THE BOG TO THE CORNER OF THE HOUSE. I DID NOTICE THAT THE BLUE WETLAND MARKERS ON THE WEST SIDE OF THE NATURAL CRANBERRY BOG APPEAR TO BE APPROX 2 FEET INTO THE BOG AND NOT ON THE WESTERN MOST BOUNDRY OF THE BOG [THE START OF THE PROPOSED BUFFER ZONE] PLEASE KEEP IN MIND THAT DURING YOUR ORIGINAL DELIBERATIONS WHEN THE 50 FT. UNDISTURBED BUFFER WAS ORIGINALLY MENTIONED IT WAS BEFORE THE EXISTANCE OF THE NATURAL CRANBERRY BOG WAS BROUGHT TO YOUR ATTENTION.THE DECISION TO GRANT A 50 FT UNDISTURBED BUFFER MUST NOW BE RE-EVALUATED. THE PROPOSED HOUSE IS NOW IN EFFECT 75%SURROUNDED BY WETLANDS.THE SOUTH SIDE OF T14E PROPOSED DWELLING[THE ROAD SIDE]HAS THE ONLY MATURE TREES IN THIS AREA OF THE LOT.THESE TREES WILL 14AVE TO BE REMOVED THE PROPOSED 650 CUBIC YARDS OF FILL TO BE DUMPED INTO THIS FRAGILE AREA WILL DESTROY THE WETLANDS ADJACENT TO THE PROPOSED DWELLING AND POOL THE NATURAL CRANBERRY BOG AREA IS EXTREMELY LOW IN RELATION TO THE REST OF THE PROPERTY. I HAVE GIVEN YOU PHOTOS OF THIS ENTIRE AREA WHEN IT IS COMPLETELY UNDERWATER WHICH OCCURS FREQUENTLY AFTER HEAVY RAINS.IMAGINE WHAT THE INTRODUCTION OF THIS FILL WILL DO TO THIS AREA IF THIS PERMIT IS GRANTED. YOURS TRULY GEORGE J. BAMBRICK PO BOX 1064 SOUTHOLD NY 11971 Albert J. Krupski,President O$VFFOLIr Town Hall QV OG 53095 Main Road James King,Vice-President P.O. Box 1179 Henry Smith p Southold,New York 11971 Artie Foster y W Telephone(516) 765-1892 Ken Poliwoda • P Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Proper-T Services on behalf of Gregro)r Mazzannhila Please be advised that your application, dated May 3, 2002 has been reviewed by this Board, at the regular meeting of September 25, 2002 and the following action was taken: ( X) Application Approved (see below) ( ) Application Denied (see below) ( ) Application Tabled (see below) If your application is approved as noted above, a permit fee is now due. Make check or money order payable to the Southold Town Trustees . The fee is computed below according to the schedule of rates as set forth in the instruction sheet. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: Two Inspections @$5.00 $10.00 TOTAL FEES DUE: ,/$ 10.00 SIGNED: 9. � �) A PRESIDENT, BOARD OF TRUSTEES r BY: CLERK, BOARD OF TRUSTEES 4/98 - • ��'.. �.� �,`` �e�^ .mcYi•��,'Lfr'�y �i1l +�il��ifiS■f.. � `a'�rt 4� a:a e'aA�a�s „ room& ai3t . 4ob ^. 'a a Jk *••Ma a",� 1 WV • WAN f4, •�t�rJ6 4-40�++a ..•�'�'. i`i w' '` q . �� 11 • r i i r77 , f Al o- !, lit ilkp �rac y e iir. tu44u� o . 3 . II W* 4 4 ..n: .p i'Y 9s��Y1��1)r/N ida$jig� it ;:�+��iii� »�'� : '*I r w ib . ♦ r i - . .�11®� t.•..Q1�i�/k. ',w�•'��i��1 � i'��i a i. i�� ,^ i•��i/� i A-Vt .'6lk1 � -•_.�—_ A441061*01t Al CiliaIfir Air Mi , r1 t --- ----------- . c2 / Z ' y mini cReaQl , � I IPu��-of� �D oEuc I'A�1�11� •� WALK \ _^ ®8 91 ,. President M Town Hall Albert J.ine, o�gpFFO(,� OG 53095 Route 25 James Kingg,,Vice-President C P.O.Box 1179 Artie Foster c� y� Southold,New York 11971-0959 Ken Poliwoda Peggy A.Dickerson Z Telephone(631)765-1892 0 • ,F Fax(631) 765-1366 yyol � �ao� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN INSPECTION.APPOINTMENT FOR A PRE-CONSTRUCTION SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OFT HEO PERMIT. /V)q -r2rZah � �; IP INSPECTION SCHEDULE ✓ Pre-construction, hay bale line 1st day of construction % constructed /Project complete, compliance inspection. i CAMS Bonne WhUN.W scarf 1..RARgts C.eead.P. GaehYBar,.Ch�kdnu �_ � ��_ Chaim,Gri4ods.Jr. Town"AtL 5xW mok Rand Sam D'yp. 4r- JaKo 1L.Sa widd P.O:Bane 4179 Jmoea Dmtr1o;'Jr. . BOARD OF APPEALS, San*aK Now Ya&11971 Fax(sle)755-1023 Tdephoae(516)765-1a19 TG V'N OFSOUI7101b Tdepfioae(316) T63-t800 ACTION OF TSB BOARD OF APPEALS. ' Appl. No. 3941 . Matter of- CON5fiANT12t8 .GXC GIPOt)LOS. Variance .to the Zoning Ordinanee, t,ztacla IIIA,. .BectiDn :160=30A.3y for permission to. construct. fit: one fam4ly dwelLim. ' Proposed construction will. have insufficient front yard setback:. Property Location. 1300 Lake Drive., Southold, County Tax Map No. .1000,: Section 59., Block 1, Lot 21;6 t 21.7. } NHffiOAS,. a public. hearing was held and concluded on May15, 1990 in tire'matter of .the Application of CONSTAVTINS aBORGiPouUp s.,_ under,Appeal No. 3941; and FBEREASS at said heariaq all those who desired to be heard B were end 'thew tests may recorded). and o vmwmaf tie .8gard Members haVe .personally+ viewed and are.. familiar iokthl the premises in question, its present sonins4and. . the surrsamAng area6;;> and:- the Bgazd Members have personally viewed and1re::: familiar .F►ith a p*eaises in question, its present aoai;lg; sad the surrounding. ;4tjjks f and 91E ASS' the Pk�ard bade ,the following findin a 1 of #aati 1. :,,.: pteplises 'in.question 'is ldcated 8diQ C went side .of Leslie Drive. 8altlet of. Southold, and is identif3 ea en the Suffolk County TASK Map No. 1000, Section 59y Block L Lot.21.6 & 21.7. 2: This. is an. application for .Varlianceiv exam the Zoning Coale Article III, Section• 100-30 A.3, for :permissic to construct a one"family-dwelli-Ag. Proposed construction will have insufficient front yard setback. Page - )qvl• No. 3941 2[ tter of.;WNBSANTT= :GEOP 23501hOS Deoimiau rendered May '30, 1990 3. Article IIIA, Section 100-30A 3,;3;o building or, p€ea , shall be used and. :w; rn�ai� .�q or peer, eof shall be evaotbd or :altered in the Low-De�itp !62i ..eattal R-40 biatsieb vAless::.thak Same conforms to: the. fequireodents of. the 'Bulk ' schediLle and of the Parking Schedule, with' the same:force and effect as if such regulatione were set forth herein in full. 4. The subject premises £or the proposed house is approximately 80;143 Aq. ft: in this:,$t 40 Zone •District.. Ind I w111 "be 12.04-- :ft: ..from the :West property line, 106+ ft. :.frc= the'east 'property line;;;135t ft.:-.:f r=: the :north property line snd :40+- ft.- from the south property : Line: S. in considering this application, the Board finds and: ' deter�ni:nes:: t•a) that,the ca:rcumstanoes of .this application ar"e. uniquely related tv the:'premises_ and its established ` noncoaformtties; (b) Hutt there is no 'other method for appellants. to pursue; and placing the',proposed house in. any other location on the premises _will =equre'.other.. variance relief r (c) that .the area chosen for the groposed house .1s 'not " unreasonably located] (d) that the variance .will not:rin turn cause a"evbatanti4 effect .on'the. safety, health, :welfare, comfort; convenience and/ or oider.of' the Townf - te) that is carefullq considering ttka' zeaord' sad ail the+r ak bve•factors,,. the interests of jua+tice: will be; served bjj grant uq. the v r3ance,; as,applied cah tional 7j'noted beJ aw. Acgordingil y, on motion by ik'.' 'Sawicki, aecon&bd.bIy Doyen, it<wa$ R$50i,15, ..Co CikAli'P• a Variance in the ioatter of the..:. application4 of :CANSTANTM GEOhGIPOUI.OS as -applied" under"Appc,al,- No. 3941,:SUSJZCT 'Ck THB '!?QLLOW72iG'C DITiONSs C Page 3 - Appl. No. 3941 Matter of CMWTAIN$ GZMGIPOULOS. Decision rendered May 30, 1990 1. That the. dwelling be located. as sbavn on the survey'by" Roderick Van Tuyl dated July 10, 19 r 89 and be,po close tlhaa 49+- ft. at its closest point to Lake Drive, 2. That them he a didisiou of Tax gap lots 21:b and .21.7 into separate and distinct parcels. vote of the Board: ?ryes: Messrs Goehrigner, Doymr SavWd and DinisiO (Absent Charles Grigonis) . This resolution Vas duly adopted. df 00 GERARD P. GOMIRINGURP GHAIRMi . i ...... ...� .� r...r ...'i rvu .�.:Tmr�. •..a�T>.r-•.rmra._ x..e r^^^T^vn^ .rn .euua r—i I^'.".`iY r• i .....—�1 :. .. .. .. . FProper—T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 MEMORANDUM DATE: 7/24/02 TO: Charlotte—Trustees' Office FROM: Jim Fitzgerald SUBJECT: Mazzanobile; SCTM #1000-59-1-21.6 & 21.7 Please postpone the hearing scheduled for tonite's meeting. Thanks! r f o � z = Town Hall. 53095 Blain Road P.O. Box 1179 0 Telephone O � O� Southold. New York 11971 (631) 765-1892 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Conservation Advisory Council held Monday, May 20, 2002, the following recommendation was made: Moved by Scott Hilary, seconded by Bill McDermott, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Wetland Permit Application of GREGORY MAZZANOBILE to construct a single- family dwelling with pool and decks; install on-site sewage disposal system. Located: 1450 Lake Dr., Southold. SCTM#59-1-21.6&21.7 The CAC has a concern with the proposed change in the grade elevations and the negative impact due to the run-off into the freshwater wetlands. There is also a concern with the elevations up to the edge of the wetlands. This project requires a 75' non- disturbance buffer. Vote of Council: Ayes: All Motion Carried 1 56 READ AVENUE CRESTWOOD, NEW YORK TES: (91 4) 793-61 44 W22= May 18, 2002 -- - -.- Board of Trustees Town of Southold Town Hall 53095 Main Road Southold,NY 11971 In the Matter of: GREGORY MAZZANOBILE Contract Vendee: SCTM 1000-59-1.21.6 & 2.17 Dear Members of the Board of Trustees: We are the owners of adjacent property SCTM 1000-59-1-21.8 and refer to your NOTICE TO ADJACENT PROPERTY OWNER dated May 10, 2002. We have no objection and consent to the application of Gregory Mazzanobile as described above which you are scheduled to review at a public hearing at or about 7:00 PM on Wednesday, May 22,2002 for the construction of a single family dwelling with pool and decks at 1300& 1460 Lake Drive, Southold,New York. Very truly yours, C-= Consa/ 01 +opo1 OI.L Harriet Georgiopo out s Copy to: Steve Llorens, Esq. Attorney for Gregory Mazzanobile 'BOARD OF TOWN TRUSTEES ( W 2 2 2M TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD NY 11971 RE: APPLICATION FOR WETLAND PERMIT BY GREGORY MAZZANOBILE 1460 LAKE DRIVE SOUTHOLD NY 11971 SCTM#59-1-21.6&21.7 DEAR SIRS: THE FOLLOWING RESIDENTS OF THE KENNY'S BEACH AREA WISH TO GO ON RECORD AS STRONGLY OPPOSING THE GRANTING OF A WETLAND PERMIT FOR THE ABOVE APPLICATION . THE PROPOSED DWELLING, POOL AND SEWAGE DISPOSAL SYSTEM IS LESS THAN 100 FEET FROM EXISTING WETLANDS AND WILL,IF GRANTED,CREATE IRREPARABLE DAMAGE TO THE EXISTING FRAGILE ECOSYSTEM PRESENT IN THE THIS AREA ADJACENT TO GREAT POND'S NATURAL DRAINAGE OUTLET AND RENOURISHMENT SOURCE THE REMOVAL OF AN ESTIMATED 650 CUBIC YARDS OF FILL IN THIS LOW LYING SITE AS PROPOSED BY THE APPLICANT WILL CHANGE THE TOPOGRAPHY OF THIS DEPRESSED AREA DISRUPTING THE EXISTING NATURAL FLOW OF SURFACE WATER AND THREATENING THE EXISTING WETLANDS THIS ENTIRE AREA IS A VERY VALUABLE RESOURCE FOR GREAT POND AND SHOULD BE VIGOROUSLY PROTECTED BY THE TOWN TRUSTEES NAME ADDRESS 5/GN�47-vr�¢ 1. sue-� � �26NP,4,VM 12n9T�,_�f�� 2. �us74n� �blrn �a`1� -W��rIV �d C1� !� p�i Aq a. I Ivv O 5 " ,o r�vC�J S c �.it of eC- 6 N 044ANDO7. 9. `IF4� u L (N. Sri oZ a N6Rfi� SEA , sdl�f a1�1 , l0 MAY 2 2 M NAME. ADDRESS 13. 14. e-ec._ 9109 411205W Sti4 16. lovl SE � t �oclh,9.� � 1 � 5 1�� (�'t I-, SauIV /A u4�1 17. ht t,--yYlm,:VA-,O a o as ^?za 54-4&- C)AAA.; 18. ;,� '7izu a o ra �� / Se . /V 19. Cat r�/�fjn c� ��C�� 2 Z o . U p6A.A/U,,c,� i 21. 22. JeHIV T. TAz wA �R 23 �"�,� �/oR7y SeR pR/✓� $ o uTaot-4 24t�aZAI� 0--16FFcOAT T-unKe _ �Z-350 Kenv�e s 2�Q , So.. nn 25. 70VAv, S. Fu-Mke _ '2 35a,,/Kenwe 26. ?AOCARk A&W#o Cn pn, / 7" v )c L s ov'k o� , w`k\ tkq�l 28. Old kP ( P"O�..._ QR«Q dlap�dw w$ I !lf)/ 29. l S-�O Lee4vk it 30. 45 � S—E O -. �� Dr 1 0 e o(AA o I 31. CAMAS rgSeck Leei�. 32. f e y rctSec4e, 33. a ALA S-rhPU7a/V a! L E♦r(��lJ FZ[ (� 34. VlIZ6/N/A STANTDIN lQ�p50 L�®E�G�Tba/ J�/�IV 35. ] � �,� I�iIIO I -` 0o (iLL.TUR �'ve , +mc( NV I jy-1/ 36. `J�nk t G;rclet�ti 19 8o Le&-fan -ive Su-v4ft Id I AJ y I I V,I k NAME ADDRESS 37. MAf-1(, NO"ANV 4 2a(90 ka-- w 39. !� C4, l2.A /Y�� oZ lOO J_CL" '� S i 40. f•cJ�JA Ro z!� 3a U.y 12 OJT ZA,4(-art �✓ _� -�'�/ ti�� >p�� 41. �ijA j A-A I 42. Rod �ok.+pCLot.Lo.. 3365 �sH, y S (L� �o •- rFi � L� 43. �o/lTF hf� s��Cs/1� r� 3S;'T o v`l� ✓L� So�'� L n' 44. � / n[/- jt rVrrA �r5. 37 3 `,5Q K,� YS ✓t� $ ��9J�'� 45. /�- 46.S4 7. V t; ,a 694 50.eHATS TINE /�eEN a ys 51. 1�c� /a ke uwc 52. 53. 54. / i3os / � xb'D -e e- /°'V 55. 05:20i2002 11: 39 51648509 ARLINE AND KENR1HR PAGE 01 MET$BEACN 0MC Aft CLUMN P.O.BOX a SOL7HOLD,NY 11971 May 20, 2002 Re: SCTM# 59-1,21.6 & 21.7 Gregory Ma nnobile 1460 Lake Drive Southold,NY 11071 Mr. Al Krupski, Chairman Southold Town Trustees P.O. Box 1179 Southold,NY 11971 Dear Mr. Krupski, The Kenny's Beach Civic Association is concerned with the above referenced application. The proposed structure will be less than 100 feet from existing wetlands and the removal of an estimated 650 cubic yards of fill from this low lying terrain may damage the very sensitive ecosystem present in this area. The proposed development could seriously affect the cleansing and renewal functions the existing wetlands provide for Great Pond,which as you are aware, is a Class I Wetland. Our Association strongly urges the Board of Trustees to review this application to ensure that no damage will occur either to our present environment or to Great Pond, which we consider the jewel in Southold Town's crown! Sincerely, !3 Geor ck, lam! t ,—�.i` q Committee for Preservation of Fresh Water(� �, 6 ; Kenneth E. Richter, PE �Y Chairman, Preservation of Fresh Water kb"wet Amy S. Agnesini 1075 Lake Drive 2 P.O. Box 633 Southold, NY 11971 Board of Town Trustees P.O. Box 1179 Southold, NY 11971 Dear Board of Town Trustees, It has come to my attention that an Application for Wetland Permit has been submitted by a Mr. Gregory Mazzanobile for the property at 1460 Lake Drive, Southold (Southold County Tax Map#59-1-21.6 and 21.7). My sincere hope is that the Town will reject this application on the basis of its environmental impact. Southold prides itself on its concern for the natural beauty that is so abundant in our area. That is one of the main reasons I purchased a home here over ten years ago. Recently, I have heard of too many instances where perspective new home buyers purchase property with the expectations of building a structure which is detrimental to our sensitive surroundings. These individuals expect our elected officials to succumb to their pressure and forgo their values when it comes to our most precious resource. As our elected officials, I implore that you set the standard by which other towns should follow. Please do not allow this application, or any application that compromises our environment, to pass through the system without putting a stop to it. I am counting on all of you. Sincerely, �� Amy S. Agnesini ASA:hj Board of Southold Town Trustees ,may 16 P.O. Box # 1179 t�n1 Southold New York 11971 Gentlemen _. I received a telephone call from George Bambrick, a neighbor, this evening, regarding a proposed building adjacent to wetlands on Lake Drive. As I understand it this is an application by Mr. Gregory Mazzanobile of 1460 Lake Drive to build a dwelling which is located on the Suffolk County Tax Map as 59-1-21.6 and 21.7. 1 live at 1205 Lake Drive and have a private well, which we have used for many years. As yet there is no public water installed and running into my property. The safety of my well water is of great concern to me. We use our well water for drinking and bathing, and for filling our swimming pool which is used by many people in our area. I am concerned about potential well contamination from cesspools located on the property at 1460 Lake Drive, servicing this proposed new dwelling. I am therefore opposed to granting permits for such a dwelling that would be located as I understand it less than 100 feet from wetlands. I understand there is a meeting about this subject coming up in the next week, and it does not appear as though we will be back in Southold until after the meeting. I would appreciate it if you would accept this letter to the Board of Town Trustees,so that you can appreciate my concerns regarding this matter. Thank you for your cooperation. Jerome D. Silberstein ?� 1205 Lake Drive Southold New York 11971 5 J3 aid MonEay,Mey13,ZM M nca Online:JRainM,ry Page: 1 GEBBGE BAMBRICK 1675 LAKE DRIVE PO BOX1064 SOUTHOLD NY 11971 MAY 1 4 M May 13,2002 RR' BOARD OF TOWN TRUSTEES PO BOX 1179 SOUTHOLD NY 11971 REF:APPLICATION FOR WETLAND PERMIT BY GREGORY MAZZANOBILE 1460 LAKE DRIVE SOUTHOLD NY SCTM#59-1-21.6&21.7 DEAR SIRS: I AM WRITING IN OPPOSITION TO THE GRANTING OF A WETLAND PERMIT FOR THIS APPLICATION FOR THE FOLLOWING REASONS: I. THE PROPOSED DWELLING IS LESS THAN 100 FEET FROM WETLANDS ESTABLISHED BY THE APPLICANT'S OWN CONSULTANT. 2. ENCLOSED ARE A SERIES OF PHOTOGRAPHS WHICH DOCUMENT THE FLOODING WHICH OCCURS ON A REGULAR BASIS IN THE AREA OF THIS LOT.THE PICTURES ARE REFERENCED BY NUMBERS [IP THRU 13P]ON COPY OF APPLICANTS MAP AND TRAFFIC SIGNS AND UTILITY POLE#S IN THE PHOTOS 3. THE AREA TO THE IMMEDIATE EAST OF THE PROPOSED DWELLING IS A NATURAL CRANBERRY BOG AND WILL BE DESTROYED BY PROPOSED CONSTRUCTION.THE AREA TO THE WEST OF THE PROPOSED DWELLING IS FREQUENTLY FLOODED. 4.ENCLOSED ARE TWO [2] LETTERS: A. THE FIRST,DATED 11/8/82 WOULD SEEM TO INDICATE THAT THE PROPOSED SUBDIVISION OF MR GEORGIOPOLUS[WHICH THIS LOT IS PART OF]DID NOT MEET THE STANDARDS OF THE SUFFOLK COUNTY HEALTH DEPT. B. THE SECOND DATED 7/1/83 SEEMS TO INDICATE THAT MR GEORGIOPOULOS DID NOT MEET THE SOUTHOLD TOWN BOARD ZONING REQUIREMENTS ENACTED ON MAY 20,1983 THUS THE VERY STATUS OF HIS SUBDIVISION MAY BE IN QUESTION I DO NOT HAVE ACCESS TO ALL THE DOCUMENTS CONCERNED WITH THIS SUBDIVISION SO POSSIBLY THESE QUESTIONS HAVE BEEN ADDRESSED. 5 APPLICANT'S SURVEY INDICATES DWELLINGS ACROSS LAKE DRIVE ALL USE PUBLIC WATER WHEN IN FACT ALTHOUGH PUBLIC WATER IS AVAILABLE NOT EVERY DWELLING HAS ELECTED TO HOOK UP TO THE MAIN AND STILL USE WELL WATER 6. THIS APPLICATION IF APPROVED WILL PRESENT A SERIOUS THREAT TO POLUTE A WETLAND AND GREAT POND ITSELF WHICH BORDERS THE PARCELL ON THE SOUTH AND WEST.GREAT POND IS A CLASS I WETLAND AND IS CONSIDERED THE MOST VALUABLE TYPE OF WETLAND. FLOODING CONDITIONS MAY BE ALTERED OR CREATED. THE NATURAL MOVEMENT OF WATER IN SEASONAL FLOODING WILL BE ALTERED.THE PUBLIC SAFETY,HEALTH AND WELFARE MAY BE JEOPARDIZED BY THE DISCHARGE OF TOXIC CHEMICALS AND BIOLOGICAL WASTE OF DOMESTIC ORIGIN IN CLOSE PROXIMITY TO A WETLAND AND A BODY OF WATER CURRENTLY USED FOR SWIMMING 7. THE PLACEMENT OF FILL AS CONTEMPLATED BY THE APPLICANT WOULD LESSEN THE WETLAND'S FLOOD CONTROL AND FILTRATION CAPACITYAND WOULD REDUCE WILDLIFE HABITAT 8. TEN [101 SPECIES OF WETLAND VEGETATIONARE PRESENT ON THIS SITE AS FOLLOWS BUTTONBUSH,MARSH MALLOW,PANIC GRASS,PHRAGMITES,PURPLE LOOSESTRIFE RED MAPLE,RUSH,SEDGE,SWAMPROSE AND TUPELO 9. THIS SITE PROVIDES HABITAT FOR SEVERAL SPECIES OF WILDLIFE INCLUDING UPLAND BIRDS,WATERFOWL,RED FOXES,DEER AND OSPREYS PLEASE ADVISE ME OF YOUR DECISION IN THIS MATTER YOURS TRULY, GEORGE BAMBRICK 1675 LAKE DRIVE PO BOX 1064 SOUTHOLD NY 11971 0 Page 1 of 1 Sub': Building g proposed adjacent to Wetlands Date: 5113/02 8:50:25 PM Eastern Daylight Time From: Main-berry To: Drgeorge0 George Bambrick Lake Drive MAY Southold, New York Dear George; Thank you for your telephone call of this evening regarding the proposed building adjacent to wetlands on Lake Drive. As I understand it this is an application by Mr. Gregory Mazzanobile of 1460 Lake Drive to build a dwelling which is located on the Suffolk County Tax Map as 59-1-21.6 and 21.7. I have a private well, which we have used for many years, and as yet there is no public water installed and running into my property. We use our_well water for drinking and bathing and I am concerned about potential well contamination from cesspools located on the property at 1460 Lake Drive, servicing the proposed dwelling. I am therefore opposed to granting permits for such a dwelling that is located as I understand it less than 100 feet from wetlands. I understand there is a meeting about this coming up in the next week, and it does not appear as though we will be back in Southold until after the meeting. I would appreciate it if you would give a copy of this letter to the Board of Town Trustees,so that they can appreciate my concerns regarding this matter. Thank you for your cooperation. Jerome D. Silberstein 1205 Lake Drive Southold New York 11971 Monday, May 13, 2002 America Online: Drgeorge0 � . 41 . pt. -NI �.INC 0 RD T 01~ 5 9fi D O K CO NT MAY 1 { 25 Southold, N.Y. 11971 HENRY E.RAYNOR,Jr.,C7afrm n - -- TELEPHONE JAMES WALL 765-1938 BENNETT ORLOWSKI,Jr. GEORGE RITCHIE LATHAM,Jr. WILLIAM F.MULLEN,Jr. July 1, 1983 Ms . Abigail Wickham Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, New York 11952 Re : Constantine Georgiopoulos Dear Ms . Wickham: Please be advised that to date there has been no com- pliance with Article 6 of the Suffolk County Department of Health Services regarding your major subdivision proposal cap- tioned above . The Town Board has legislated two-acre zoning within the township. Because your proposal does not meet the present zoning requirements enacted on May 20, 1983 , we would request that you contact our office for an appointment to dis- cuss revisions for compliance with the present zoning regulations . Very truly yours , Henry E. Raynor, Jr. , Chairman Southold Town Planning Board sel COUNTY OF SUFFOLK p n M}�i�9 NOV 1� PEC'D N PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS. M.D.. M.P.H. COMMISSIONER November 8, 1982 MY Mr. Constantine P. Georgiopoulos ! ` 111 Broadway New York, New York 10006 Re: Proposed Subdivision of Property Situate N/S Lake Drive, E/0 West Drive , ! Southold Dear Mr. Georgiopoulos: Your application has been rejected by the General Engineering office because it does not meet the standards of this Department (Article 6, Section 605 , Paragraph 1.b. ) . A review of your case has been scheduled at the County Center building, Riverhead, in the Suffolk County Department of Health Services Conference Room, 2nd floor, North Wing, on December 3, 1982, at 11 :30 a.m. You and interested parties are requested to appear, with or without counsel , and you may produce any information or evidence concerning the above refer- enced subdivision. Very truly yours , Aldo Andreoli , P.E., Chairman Board of Review AA:cah cc: Mr. James L. Corbin Mr. William C. Roberts Mr. Royal R. Reynolds ! Mr. Roderick VanTuyl , P.C. Ms. Abigail Wickham, Esq. Town of Southold Planning Board Mr. Charles G. Lind COUNTY CENTER (516) 548-3317 RI V{RHEAD.N.Y. 11901 •� r e ^ sue r P. H L R _ t it RL^ �, .♦ , F.214 � N , V. r t, l f , -. .; ,:�.� � . � .... �', : � ;, ,,.�;: r �.. '�' ' :i, •c^ :,u w l � � _t,.: -.i- r t. i m 'h �7 ! �, �' Y r � � i='. s. ♦ ` S9 Y �� M J - ..�...Rnnny X PV K ♦. 1 � i_ ��. v' .1: } i DEPRESSED AREA WEST OF DWELLING 14 • , , /�, <x - 7. .p A E t II . 5 •4 ` m . . t NATURAL CRANBERRY BOG EAST OF DWELLING - P 93 Fy 1 . A nlf J� w . -low r:,n,. ne • FA E 1. � r✓ n: r �. .- .- tl ,r u. ...a Y. ) � `/�!+ _• ¢.:GIs .. 1 ! 1 • NC. I i ! 1 ♦ Y� ' oH. 'Cj p ayppI i I III a } f{ 2 \ f � � / # . ,�. . / y\, � \ �, : : . : m ° � 2 � �2~ . E . \ :\ \ . \ �« _� �! _ � l f � �� \ � ,; \ , , _ �* , � / �\ . \\� r . : � � /� /f ! . , x . % «2A � � . %y , ^�\ k. . \ � � < � ^ � � _ • ` . / ,�: \ 3 / ® � � . - /\ �§ * � . %)« �� \ � � » 4�( . � \�� `�� « � � � � § m. z , / \ ` *�� . � � \ � �� ` _< > � . \ \ : � ~ � i ' � � � ^ %/, \ y ^ � � � d . �« �i AIC Ian a.�� ,��*' ref tt__.!. r �j� � ♦ l �0�y! W'.1 nr � ' "P�'T�. 4� a ■ c _.4 X at 41 dl �Ritlt"t1 '"'17�A f I ,i �.. a y n� INTERSECTIONOF LAKE DRIVE&LAKE COURT 3 A i �Irre•- g .3�? � � s� � t� J .. 4 i b g. s. �. NATURAL CRANBERRY BOG EAST OF DWELLING- P#5 1 , � . ca I. a '�. �: _ .. �. _ �[, a t a r � �`v � j � � 3TT r � C. :{ iY � y �T,� i f _. i � i w; az . �� 4". �,_ -� ,i� � t'L !�� .:� i ° /' y w4 .l J•2+ � .y s s^b Y VIn „� ,'•yp h4 !b% C) I b ` ° !S +> s +! GREAT POND -b Pv (LEETONS LAKE) �+B 1Q 1 IO tW0[MYLn Wy Cif �� 9 e1Ff°Le[PM*e ^ A. THE SITE OF THE PROPOSED yO 1 _ , a •`4F ` `'T. PROJECT IS SHADED N isoo • �4r r J! b � M1 7'Gt�4 b 91.Ff0.e [OIM+V 37 JAW \+ f ` M1M1 }pl 9v\ SOJ� Ay V ro mx TAX MAP Application of contract vendee Gregory Mazzanobile, SCTM#1000-59-1-21.6/21.7 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue,NY 11935 James E. Fitzgerald,Jr. 631-734-5800 April 30,2002 Horton PtCE cr` v g P ° THE AREA OF THE PROPOSED PROJECT IS CIRCLED �U T H 9 PARK �,jjp5j a' UNryl •' �� '� .•n�. �V '�'� jA Pounders Landing / SOUTHOLD n JJ \ hIQ ald- B A Y Goalta R,�h °nd � .�� 1 e� • �' F '• - �e - Pornt gay I E W : 0 ett CfpI.e H O G IN C K BEACH BEA�' coy�"P" B A Y ] Cedar gea°n PCCnC VICINITY MAP Application of contract vendee Gregory Mazzanobile, SCTM#1000-59-1-21.6/21.7 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue,NY 11935 James E. Fitzgerald,Jr. 631-734-5800 April 30,2002 Ms. Lauren Standish Greg Mazzanobile Town of Southold 184 Warren Street; Apt 2 Town Hall Annex Building Brooklyn, NY 11201 54375 Route 25 Tel: 347-306-7851 PO Box 1179 Southold, NY 11971 April 6, 2010 Ms. Standish, Thank you for your help in answering my questions regarding the permit for our property at 1460 Lake Drive, lot number 59-1-21.9 (new tax lot number - was previously 21.6 and 21.7 but combined now into one). As per your recommendation, please accept this letter as a request to extend the permit (Permit Number 5631) for another year. We are mid-construction with foundation completed, framing, siding, roofing, and windows all in place. It is principally the interior of the house that remains to be completed. Enclosed is a payment of $50.00 as requested so that this request can be part of the April meeting. Sincere r EMS �;'O Date /�� 046946 W Received From 9 rn Address 1_ g [— =5 x Dollars$ 0 ,Io For r la. z09 0 ! ACCOUNT HOW PAID OAMT Vj ACCOUNT CASH U AMT PAID CHECK BALANCE M@IEV ORDFR❑ BY DUE CREDITCARD❑ Ms. Lauren Standish Gregory F. Mazzanobile Town of Southold 184 Warren Street, Apt 2 Southold Board of Trustees Brooklyn, NY 11201 54375 Route 25 gregmazzanobile@yahoo.com Southold, NY 11971 March 31, 2009 Ms. Standish, Please accept this letter as a request for an extension to our permit (permit number 5631), dated April 28, 2008, and issued to Gregory Mazzanobile, for property address 1460 Lake Drive, SCTM #59-1-21.6 & 21.7. This letter is a follow-up to our conversation of a few weeks ago when you noted that this letter is required for the routine extension of the aforementioned permit. Also enclosed is the $50 fee for this extension. Please note that building permit which was issued February 18, 2009 recognizes these two lots as a new single lot with a new tax ID. The two lots have been combined at the request of the tax assessor and building department and are now assigned the single tax SCTM#: 59-1- 21.9. We are requesting that this request for extension be addressed at the April 2009 Trustee meeting. Thank you very much for your assistance. Sincerely, AFR - v Gregory F. Mazzanobile C, Town Hall Albert J.Krupski,President �` Carl- 53095 Route 25 James King,Vice-President =� y� P.O.Box 1179 _ Artie Foster y Z Southold,New York 11971-0- Ken Poliwoda +0 Peggy A. Dickerson Telephone(631) 7654 ,_ Fax(631)766 1860 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 7 APPLICATION FOR AN AMENDMENT TO A PERMIT R� DATE Sept 29, 2004 ou ° OWNER Gregory Mazzanobile PHONE 212 '838-37 t� ADDRESS 230E 48th Street, Apt 5C, New York, NY 10017 AGENT ames E. Fitzgerald, JWONE 734-5800 ADDRESS PO Box 617, Cutchogue, NY 11935 PROPERTY LOCATION 1300 & 11,60 Lake Drive, Southold TAX MAP NO. 1000-59-1-21. 6 & 21 . 7 I/We James 8. P sq mandmant#o{PeMit# 5631 _. As per my letter ` . the sw#sing pool has been eliminated and the sanitary system leaching pools have been moved feet on the wetlands line. Signed By: i I i • i AFFIDAVIT OF POSTING TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: Gregory Mazzanobile; SCTM #1000-59-1-21.6 & 21.7 STATE OF NEW YORK COUNTY OF SUFFOLK I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue,NY 11935, being duly sworn, depose and say that on the 10''day of January, 2005, 1 personally posted the property known as 1300 and 1460 Lake Drive, Southold, 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, which date is notqA thereon to be Wednesday, January 19, 2005 at or about 7:00 PM. y, es E. Fitz e , Jr. Swom to fore me this day of �, ._ 2005. F Notary P lic NOTARY PUBLIC,Stateo New York NO. 01 B06020932,Suffolk Coun Term Expires March 8,2QO tY AFFIDAVIT OF MAILING TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: Gregory Mazzanobile; SCTM #1000-59-1-21.6 & 21.7 STATE OF NEW YORK COUNTY OF SUFFOLK James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue,NY 11935, being duly swom, deposes and says that on the I 1 m day of January, 2005, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown in the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Cutchogue,NY 11935, that said Notices were mailed to each of said persons by Certified Mail/Return Receipt Re- quested. fee ames E. Fitzgerald, Sworn t before me this day of , 200 G!;_ Notary P blic LYNDA M BOHN NOTARY0e0UC,S 3�H udy NO.O1B08020832, _RN`',°�,y�"'J Term Eom March 0. • Date: January 7, 2005 TO: Adjacent Property Owners (Names and addresses are listed on the attached sheet.) BOARD OF TRUSTEES, TOWN OF SOUTHOLD NOTICE TO ADJACENT PROPERTY OWNER In the matter of Gregory Mazzanobile, Contract Vendee-, SCTM#1000-59-1-21 6& 21.7 YOU ARE HEREBY GIVEN NOTICE THAT: 1. An application is being submitted to the Board of Trustees for a permit to: Amend Permit No. 5631 to eliminate the swimming pool and portions of the deck, and move the sanitary system further from the wetlands. 2. The project described above is proposed on property adjacent to yours. The street ad- dress of that property is as follows: 1300 & 1460 Lake Drive, Southold, NY 11971 3. The project,which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code, is open to public comment. The Trustees will review the application at Town Hall, 53095 Main Road, Southold,New York 11971 at or about 7:00 PM on Wednesday, January 19, 2005. If you wish to comment you may call the office(631-765- 1892), or applications may be reviewed and comments may be submitted in writing"to 24 hours prior to the hearing, 4. The project described above will be reviewed by the Board of Trustees of the Town of Southold. The project may require independent review and approval by other agencies of the Town, State, or Federal governments. CONTRACT VENDEE'S NAME: Gregory Mazzanobile MAILING ADDRESS: 200 E. 0' Street, Apt 5C New York, NY 10017 PHONE NO.: 212-838-3776 A copy of a portion of the survey showing the proposed project is enclosed for your convenience. January 5, 2005 MAZZANOBILE: ADJACENT PROPERTY OWNERS NOTICE NOT SENT (PROPERTY OWNER) 1000-59-1-21.6 & 21.,7 Constantine Georgiopolous 156 Read Avenue Crestwood,NY 10707 NOTICE SENT 1000-59-1-15 1000-59-5-8.3 Mary G. Rogers George J. Bambrick 1305 Leeton Drive PO Box 1064 Southold, NY 11971 Southold, NY 11971 1000-59-1-16 1000-59-5-8.1 Gerald M. McCavera Brian & Brendan Bambrick 130 Mansion Drive 48 Washburn Place Upper Providence Caldwell. NJ 07006 Media, PA 19063 1000-59-5-9 1000-59-1-17 Maria Bustamante Brian & Martina Faerber 18 Marshall Avenue 441 E. 20d' Street,Apt 6A Brentwood, NY 11717 New York,NY 10010 1000-59-5-10 1000-59-1-18 Richard E. McNally & Virginia I. Tang John Georgio 32-13 1531d Street 228-05 Hoxie Drive Flushing,NY 11354-3347 Bayside, NY 11364 1000-59-1-21.5 Suffolk County 330 Center Drive Riverhead,NY 11901 1000-59-1-21.8 Constantine Georgiopolous 156 Read Avenue Crestwood,NY 10707 s b) any.mr t -I! v I iT.i ^,MHO � � • f � ��,� ��,�\ �`� ` �X `� �_ 'alr i ej1 iK ! set' mil. _ p£�r`�Q_•`'L•�y�4 `4 Cf WO d� o S Al- o ° I 3a p; - a 4a � y lit e ��ee�� i- Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 September 8, 2004 Rn; E President 4 Board of Town Trustees Town of Southold 3"thow TM Town Hall, 53095 Main Road soar Southold, New York 11971 Re: Permit No. 5631; SCTM#1000-59-1-21.6 & 21.7, Gregory Mazzanobile Dear Sir: At the request of NYSDEC, certain changes were made to the survey/project plan which was approved by the Trustees (Ingegno, last dated 1/12/04). A copy of that survey/project plan is enclosed for your ready reference. In addition, an original copy of the survey/project plan (Ingegno, last dated 7/7/04) approved by NYSDEC is enclosed, along with a copy of that same version showing the NYSDEC approval stamp. Further, an acetate copy of the 7/7/04 map is enclosed to facilitate comparison of the two maps. The substantive changes, as reflected in the survey/project plan approved by NYSDEC, are more restrictive and presumably favorable from an environmental standpoint: • The swimming pool has been eliminated. • The leaching pools have been moved approximately 10 feet to the northeast, further from the wetlands area in the southwest corner of the property. In addition, the line of the non-disturbance buffer has been extended in the southwest corner of the property. If you feel any further action is necessary on the part of the Board, we would appreciate receiving administrative approval of these changes which are all "friendly". Si erely, {J iio- J es E. Fitzgeral:d a subsidiary of THE PECONIC EASTERN CORPORATION $pFFOLIr JOSHUA Y. HORTON C Gy� Town Hall, 53095 Route 25 SUPERVISOR CIOP.O. Box 1179 0 • Southold, New York 11971-0959 Fax (631) 765-1823 j Telephone (631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD To: Board of Town Trustees From: Supervisor Joshua Y. Horton Date: August 20, 2004 Re: Great Ponds Wetlands & Dunes On August 20`h members of the Kenny's Beach Civic Association met with me to express concerns about a trustee permit issued for the property at 1300 and 1460 Lake Drive in Southold. In addition to numerous environmental concerns relating to the unique ecosystem of the area, they noted discrepancies between information provided to the board and information provided to the New York State DEC. Attached is additional information provided by the association for your review. Thank you in advance for your attention to this matter. /rbw D ECE WE attachment D AUG 2 0 2004 Southold Town Board of Trustees I i Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 July 14, 2004 President Board of Town Trustees Town of Southold Post Office Box 1179 Southold, New York 11935 Re: Request for Extension of Permit #5631, Gregory Mazzanobile: SCTM#1000-59-1-21.6& 21.7 Dear Sir: Because of delays in obtaining a permit from NYSDEC, it is necessary that we ask for a one-year extension to this permit which is due to expire on 9/25/04. The $50 fee is enclosed. ely, eka gJa es E. Fitz er. - Date �Sa 0 4 2112 o � Received From _ 0 m m 2 _m Address rr 5 ° a ON } z off` LL z¢. For c �- Dollars$ c G p IX N AMT OF Q ACCOUNT u O M CPSM ` M AMT PAID "'1� '.. ttlJ CHECK BALANCE DUE MCREDI�cgq�o BY Proper-T Permit Services. - POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 June 27, 2003 President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Request to Amend Permit No. 5631 SCTM#1000-59-1-21 6& 21 7; Gregory Mazzanobile Dear Sir: We wish to apply for an amendment to Permit No. 5631 to allow the location of the sewage disposal system and the necessary fill and retaining wall as shown in the survey by Joseph Ingegno, last dated 6/6/03,three copies of which were provided to you on June 18, 2003. If you need anything else, please call. erely, J es E. F era Jr. / g Enclosure: Amendment fee (check, $40) �T� a subsidiary of THE PECONIC EASTERN CORPORATION APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and errmlovees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: James E. Fitzgerald, Jr. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of Zone Approval of plat Exemption from plat or official map Other (If"Other^,name the activity.) Trustees' Wetlands Permit Do you personally(or through yoar 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 town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)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%of the shares of the corporate stock of the applicant (when the applicant is a corporation); - _B)the legal or beneficial owner of any interest in a non-corporate entity(when the -- applicant is not a corporation); E8031fd pp (�C)an officer,director,partner,or employee of the applicant or V Ethe actual applicant 2003 DESCRIPTION OF RELATIONSHIP own stees Sub tted '> Signatur PriniNatne, ame z e , r. Form#E2 same as ove AFFIDAVIT OF POSTING TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: Gregory Mazzanobile STATE OF NEW YORK COUNTY OF SUFFOLK I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, NY 11935, being duly sworn, depose and say that on the 15a' day of July, 2003, I personally posted the property known as 1300 and 1460 Lake Drive, Southold, 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, which daWedthereob ednesday, Febru- ary 20, 2002 at or about 7:00 PM. J�' Sworn to before me this �p day of 12003. Notary,Public "eDNN1E W. MAZZAEERRO 610TAP.Y Ft!8L't.. Stzts 1 `!ac York r AFFIDAVIT OF MAILING TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: Gregory Mazzanobile STATE OF NEW YORK COUNTY OF SUFFOLK James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, NY 11935, being duly sworn, deposes and says that on the I e day of July, 2003, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown in the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Cutchogue, NY 11935, that said Notices were mailed to each of said persons by Certified Mail/Retum Receipt Re- quested. Z N0� a James . Fitzgerald, Sr. Sworn o before me this Z3f� day of 2003 . Notary Public HONNIE W. MAZZAFERRO NOTAd`. .v ri1_I,. -.t.FF .I Ye'l York N 2$a SxMA • Date: • 10, 2003 TO: Adjacent Property Owners (Names and addresses are listed on the attached sheet.) BOARD OF TRUSTEES, TOWN OF SOUTHOLD NOTICE TO ADJACENT J CENT PROPERTY OWNER In the matter of Gregory Mazzanobile. Contract Vendee_ SCTM#1000-59-1-21.6 & 21.7 YOU ARE HEREBY GIVEN NOTICE THAT: 1. An application is being submitted to the Board of Trustees for a permit to: Amend Permit No. 5631 to relocate the sewage disposal system with retaining walls and fill as shown in the attached survey by Joseph Ingegno, last dated 6/6/03. 2. The project described above is proposed on property adjacent to yours. The street ad- dress of that property is as follows: 1300& 1460 Lake Drive, Southold, NY 11971 3. The project, which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code, is open to public comment. A public hearing will be held at Town Hall, 53095 Main Road, Southold, New York 11971 at or about 7:00 PM on Wednesday, July 23, 2003. If you wish to comment you may call the office(631-765-1892), or applications may be reviewed and comments may be submitted in writing up to 24 hours prior to the hearing. 4. The project described above will be reviewed by the Board of Trustees of the Town of Southold. The project may require independent review and approval by other agencies of the Town, State, or Federal governments. CONTRACT VENDEE'S NAME: Gregory Mazzanobile MAILING ADDRESS: 200 E. 48 h Street, Apt 5C New York, NY 10017 PHONE NO.: 212-838-3776 A copy of the survey showing the proposed project is enclosed for your convenience. MAZZANOBILE: ADJACENT PROPERTY OWNERS NOTICE NOT SENT (PROPERTY OWNER) 1000-59-1-21.6 & 21.,7 Constantine Georgiopolous 156 Read Avenue Crestwood, NY 10707 NOTICE SENT 1000-59-5-8.3 1000-59-145 George J. Bambrick Mary G. Rogers PO Box 1064 1305 Leeton Drive Southold, NY 11971 Southold, NY 11971 1000-59-5-8.1 1000-59-1-16 Brian&Brendan Bambrick Gerald M. McCavera 48 Washburn Place 130 Mansion Drive Caldwell. NJ 07006 Upper Providence Media, PA 19063 1000-59-5-9 Theodore Manolakos 1000-59-1-17 1595 Lake Drive Brian& Martina Faerber PO Box 1454 441 E. 20' Street, Apt 6A Southold, NY 11971 New York, NY 10010 1000-59-5-10 1000-59-1-18 Richard E. McNally& Virginia I. Tang John Georgio 32-13 153'd Street 228-05 Hoxie Drive Flushing, NY 11354-3347 Bayside, NY 11364 1000-59-1-21.5 Suffolk County 330 Center Drive (overhead, NY 11901 1000-59-1-21.8 Constantine Georgiopolous 156 Read Avenue Crestwood, NY 10707 1. ELEVATIONS An REFERENCEDSURVEY OF TO NAV.D.. Is" DATUM � LOTS 6 & 7 F11611N0 ELLMATKRCi AN SINI'R11 TNYS: i,:., ,. 2. THE LO(;ATOM OF WENS AM) CESSPOOLS SHOWN HEREON ARE FROM {1EID +s,�K.yv�'� ` ." o"1ERVATIONS AND/OR DATA IENMADRID OM FROM OTHERS. \ CA' "L '�',A. SUBDIVISION dL4P FOR S FLOOD IONS INFORMATION RATE IP No. FROM. CONSTANTINE P. GE OR GIOPOULOS FLOOD INSURANCE RAZE YA► Me. 56/05C01N D �(� ZONE AL MLSE F(1100 f1CLRRFIa6 DEIEIeRIm A� S V" ZONE %'. ARFAS OF SDD-YFM RDOR MFAS OF tO0-vFMt PtDm MM AYfwf.Y T FILE No. 7864 FILED JANUARY 29, 1285 OEPIM 6 LESS 111•N t FOOT OR WT1H OPARAVE AREAS IE35 iWN •>)� 1P• saNla I.f: AHD AREAS worts EIED RY Irv¢s Fnw Iao-YUR nnm. 'S _ 24, �p SITUATED �ATT� ZONE Y: AREAS DETERMINED TO a OUISOE !Op-YEN FLOODPLAH, - .rI� SOUTHOLD •. WIRARIM SEPTIC TANK CAPAClRES FOR A I TO a LEORODM HOUSE �, ,�Os r IS MUMI.00 GALLONS. 1 TAM R A IIf.T A'-3' WOE, HOU, DEEP ?c,�y. ,IyA �„ TOWN OF SOUTHOLD 1 MINIMUM UAIZIPas. EYSIUI FOR A I TO A IRDIRROM HOUSE rs .y n. sw[wAu AREA, s Paols; 2' DEEP, e' ale. o,�c`� �� SUFFOLK COUNTY, NEW YORK PROPOSED EXPANRION POOL s ® MI � a S.C. TAX No. 1000-59-01-21.7 TEST HOLE DATA 1000-59-01-21.7 PROPOSED LEADCMC POOL l 11L (TEsr Has ouc RY 2a 100I> SCALE 1"=50' ® PROPOSED SEPOc TAN% ` D' MARCH 28, 2002 6. APPROXIMATELY 1,100 eM. S.C. TAX No. 1000-59-01-21.6 r\ �� __ JULY 19. 2002 ADDED WETLANDS S FROMM RW. OF CLEAN FILL TR11C10D N AUGUST 13, 2002 REVISED 50E PINT AN UPLAND 0 SWRCE SIUIL K NEEDED FOR THE PROPOSED - LOT I O 1 `II NOVEMBER a, 2002 REVISED PROPOSED POOL AL A IL I JIJIL r /\ h�1. JUNE S. 2003 REVISED PROPOSED SANITARY SYSTEM �➢' '� r„?1 /�"f ' •�,�i ' �OF r1.....O R,/ % X, / 1 ^• xy AREA = 80,134.86 sq. ft. OH MA er EN-faalRrMns we ,.Y� _„� i1 1.64o a0. a o 2°°3 _ — q SEPTIC SYSTEM & RETAINING WALL DESIGN BY, ]II4 / �' �• �, waY� /+�� ' ,'// �0 ?vAl� ro mr swo a JOSEPH FISCHETTI, PE aoa2... inyAO,�h' J�4 1725 HOBART ROAD I SOUTHOLD, NY 11971 (s / ✓ x ,� �, /` /�J . y /. "g 631-765-2954 7 Y PROPOSED SEPTIC SYSTEM DETAIL / (NOT TO 9G4L7 1 / / A,lkl 9 Elf/. i 4J \7 /''' /� r\ _ _ ..{ , (I' / _ 10 ,O•'1� TOP EL 7d I WA ��M � - � 7' ., �� I / � � � /l�i/ / �-- � rO As APPRQm PPE sEwf •-DIL 1EAT%Ni tEAnMc ].C]Lw X • I� / Y > 12 A�,,.tff 7D "a. mw t/a'/1' TNw �. wrw 1A'/t' _ rr. &S P0U o m - S.C. TAX No. 1000-59-01-21 7 / Soo �, �I - - // / K - O�T.aT .a '� LOT /yy _ // .i O•q — Osrrrnla rm Or / AL / :t t ,' / v-Yf a woL s:1Fr ROr. et ar EmwN 1ER ,iy p / :•/ 1. SEPTIC TANK (11 'T ' NON- LEACHING POOLS (51 4. ,� 1. , ! V t. Wei¢W m�unaa Iw A, ro•maaMI I�N I®crux ¢116�R S RG r C� ,.yPNYA118eM.ay1O1 NI A t m•mml Rut a 3O n n 1mrL wcY ?T, ^_�' ! ,/ �FD tw x Lvcsc Nvu Nwx A NNaaRI oawmi saaam ar Sam a1 nT a m a.Ons r a®.s.. 11 � '/ % \/ , T 1 y Ch 1 ru noo®4Mu:I.,r.N v Y. tw ncum v a•.,,o A wmul nooea v••. 2 1xuR6 Potts AAE ro as oaWMxSm v neirt IOPvcm muTL(n Lwu / T 1°J� A ML W WS 1 IIOY MO lO w T LONER IOPdOC TI ff, M MIRED n1.2 v](e�, 1i/OM SINIL1UEl Nl1O 001®Ma/aP 9Aa6 A NL ANIS NWL BE>Q1ED Sa llle 11F 91a1 6 YILTf11RMI. 1 Nl EAW W 91W L aF Ila!•'9 IEMO®NCCIF(m Ea1NlL I / a RE i1110 TALI.9 R NSLWFD O I N NL aF6•IY!1M111 A WAIL IL 1dGYY'F ar 11/1 A A 1. N.aee4 Y RF11101 lPeefi IQOf MC Y9eI IK SNYL R YW011lm. A YYYW SINK®6 mIPII'Im S•i e1 1FA aNNTI. •�M F'"Y.ONFNQ tl'IEDI Nl lE/O.e Im{ML SOIS LIN!S1W1 fiE WNIMl0. / _ T /1 �/ a A Itl r mnacx tom mIc rAW MP,nOP WwA v rwn�. _ I O I � ! //, , JYt PROPOSED CONC, RETAINING WALL DETAIL r / THE AL i / FO•, r�Im aM.¢a.s• O 1 t� .RAZE AND HORZ 1 \ / •`S. �/ 00 / / I \^-O bV)tT� AT tF�Wo Y16f IMYE A i].Y TK 'I'll C: l ?OV 6 I]LD. � 7 ❑ •LMI / l y/. 1 '� p, Hw a we FMBtD tlYOF L 1 /�4//' O a!t/O IiL a TO THIS SAIRVEY NAB ALs A`1aATIDNABM"9" 7i2011 OF RC N YW'STATEEDUCATION LAW. W �' ;/ .' ]✓ 65lREYWWHO �� o Jose A. ingegno TIE UIO SIAREYWS NKED SEAL OR y* ,L FOOIYc Io¢ W16 4C De�Eu SEMI Swu NOT E GaMsm1ED Y eDj '/ / A5 TO aE A'O]L TMA N . P�\ - < "h H ] Is-C/C Land Surveyor IS E He BEHALF iIE w, --- by TAIL CO.AHY. fA.E1WMTK/mf.Y AHO LOmRX'"HWITIVITIO" t &46 *vs - 5b pia. - C trawtbn La~ NI10K CIRTEY'A11016 ARE MOT.1MHbtA1iE yy( J ` ry 1 2•vP' THE EXTS O E OF NOW OF WAYS PHONE (831)727-2090 Fax (631)727-1727 •SIOM TS 03 ,a •WNf AT II. /c He. •9116 AT Ir C/c AND/OIL OF RECORD. IF ANY. NOT SHOWN ARE NOT GUARANTEED. A.�. OFFICES LOCATED AT AMEING x 1931 LIDO N]LNOKE AVENUE PO. BY 1911 � RNEANEAD. Na. YorY 11901 RnerMaOO, NP. Yark 11901-091L5 ', Albert J.Krupski,President �OgUFFO(,�c Town Hall James King,Vice-President h.1.0 Dy 53095 Route 25 Henry Smith o P.O.Box 1179 Artie Foster Z Southold,New York 11971.0959 Ken Poliwoda Oy I.LC Telephone(631) 765-1892 �►�l �a0 Fax(631) 765-1366 OARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application Wetland Permit Application _Major _Minor Waiver/Amendmen Ch nges Received Application: ; 0 _Received Fee:$ h' _Completed Application - 0 9. _Incomplete _SEQRA Classification: Type I Type II Unlisted _Coordination:(date s MAY ) _CAC Referral Sent- _Date of Inspection: 0 _Receipt of CAC Report: Lead Agency Determination: _Technical Review: Public Hearing Held: 0 _Resolution: I Name of Applicant GreHory Mazzanobile , Address 230 E. 48th Street:, Apt 5C, New York NY 10017 Phone Number:( ) 212-838-3776 Suffolk County Tax Map Number: 1000- 59-1-21 .6 & 21 .7 Property Location: 1460 Lake Drive, Southold (provide LILCO Pole#, distance to cross streets, and location) / AGENT: James E. Fitzgerald, Jr. / Proper-T Permit Serv' c J (If applicable) Q Address: PO Box 617, Cutchogue !TY 11935 Phone: 74-5Fno I Board of Trustees Application GENERAL DATA Land Area(in square feet): 80, 135 sq f t Area Zoning: R-40 Previous use of property: Undeveloped Intended use of property: Single-family residence Prior permits/approvals for site improvements: Agency Date X No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? R No Yes If yes, provide explanation: PROJECT DESCRIPTION: Construct single-family dwelling with pool and decks; install on-site sewage disposal system. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Construct single-family residence. Area of wetlands on lot: est 26,960 square feet Percent coverage of lot: 33.6 % Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: feet (to be determined) "?AY Does the project involve excavation or filling? No X Yes house foundation If yes, how much material will be excavated? 650 cubic yards estimated How much material will be filled? -0- cubic yards Depth of which material will be removed or deposited: 8 feet approx Proposed slope throughout the area of operations: 0 Manner in which material will be removed or deposited: backhoe, etc, 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): It is expected that the project will have no significant effect on the wetlands and tidal waters of the Town. 14-181(21871—Text 12 PROJECT I.D.NUMBER 617.21 SEO'R Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME James E. Fitzgerald Jr. Mazzanobile house 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION(Street address and road Intersections,prominent landmark$,etc.,or provide map) 1460 Lake Drive Southold NY 11971 See attached maps . 5. IS PROPOSED ACTION: El New ❑Expansion ❑Modiflcationtalteration 6. PROJECT DESCRIPTION: Construct single-family dwelling with pool and decks; install on-site sewage disposal system. 7. AMOUNT OF LAND AFFECTED: Initially 2•0 acres Ultimately 2.0 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ®Yes ❑No If No,describe briefly MAY -- 2 602 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? v •Ti ®Residential ❑Industrial ❑Commercial ❑Agriculture ❑PIWFors*VOpen space ❑Other Describe: Medium-size private residences. I� 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? In Yes ❑No If yes, list agency(s)and permiUapprovals Required: NYSDEC, Southold Trustees 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes ®No If yes,list agency name and permibapprovel 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOUIRE MODIFICATION?OFn ❑Yes uG No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE James E. Fit e. �d, Jr. Applicant/sponsor name -� er-T Pe , t erv> ces 4/30/02 Date: Signature: L Z i If the a on is in the Coss al Area, and you are a state agency, complete the C astal Assessment Form before proceeding with this assessment OVER 1 Date: May 10, 2002 TO: Adjacent Property Owners (Names and addresses are listed on the attached sheet.) BOARD OF TRUSTEES, TOWN OF SOUTHOLD NOTICE TO ADJACENT PROPERTY OWNER In the matter of: Gregory Mazzanobile, Contract Vendee: SCTM#1000-59-1-21.6 & 21.7 w YOU ARE HEREBY GIVEN NOTICE THAT: I 1. An application is being submitted to the Board of Trustees for a permit to: Construct single-family dwelling with pool and decks; install on-site sewage disposal system 2. The project described above is proposed on property adjacent to yours. The street ad- dress of that property is as follows: 1300 & 1460 Lake Drive, Southold, NY 11971 3. The project, which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code, is open to public comment. A public hearing will be held at Town Hall, 53095 Main Road, Southold, New York 11971 at or about 7:00 PM on Wednesday, May 22, 2002. You may contact the Trustees Office at 631-765-1892 or in writing if you wish to comment 4. The project described above will be reviewed by the Board of Trustees of the Town of Southold. The project may require independent review and approval by other agencies of the Town, State, or Federal governments. CONTRACT VENDEE'S NAME: Gregory Mazzanobile MAILING ADDRESS: 200 E. 48" Street, Apt 5C • New York, NY 10017 PHONE NO.: 212-838-3776 A copy of a sketch or plan showing the proposed project is enclosed,for your convenience. AFFIDAVIT OF POSTING I TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: Gregory Mazzanobile STATE OF NEW YORK COUNTY OF SUFFOLK I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue,NY 11935, being duly sworn, depose and say that on the 1 Oth day of May, 2002, I personally posted the property known as 1300 and 1460 Lake Drive, Southold, 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, which date is noted ther n to be Wednesday, May 22, 2002 at or about 7:00 PM. C Japles E. Fitzgerald, J . V Sworn to before me this day of ALku 2002. Notary Public e N l T.,. . . 77C71�,.IRO AFFIDAVIT OF MAILING TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: Gregory Mazzanobile STATE OF NEW YORK COUNTY OFSUFFOLK James E. Fitzgerald, Jr. residing at 385 Ha aters Drive Cutcho ue NY 11935 being duly g g Yam' g g Y sworn, deposes and says that on the 13th day of May 2002, deponent mailed a true copy of the attached Notice set forth in the Board of Trustees Application, directed to each of the named per- sons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown in the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Cut- chogue, NY 11935, that said Notices were mailed to each of said persons by Certified Mail/Retum Receipt Requested. J es E. Fitzgerald, Jr. Sworn to before me this - day of RCS 1 k 2002 . r Notary Publi BONNIE W. 1,91'77PFERRO W., 52-+nB781.2 :i'i&oih �"fity Commissiur. Exaieo= �f3��g. May 9, 2002 MAZZANOBILE: ADJACENT PROPERTY OWNERS NOTICE NOT SENT (PROPERTY OWNER) 1000-59-1-21.6 & 21.,7 Constantine Georgiopolous 156 Read Avenue Crestwood,NY 10707 NOTICE SENT 1000-59-5-8.3 1000-59-1-15 George J. Bambrick Mary G. Rogers PO Box 1064 1305 Leeton Drive Southold, NY 11971 Southold,NY 11971 1000-59-5-8.1 1000-59-1-16 Brian& Brendan Bambrick Gerald M. McCavera 48 Washburn Place 130 Mansion Drive Caldwell. NJ 07006 Upper Providence Media, PA 19063 1000-59-5-9 Theodore Manolakos 1000-59-1-17 1595 Lake Drive Brian& Martina Faerber PO Box 1454. 441 E. 20°i Street, Apt 6A Southold,NY 11971 New York,NY 10010 1000-59-5-10 1000-59-1-18 Richard E. McNally& Virginia I. Tang John Georgio 32-13 153`d Street 228-05 Hoxie Drive Flushing,NY 11354-3347 Bayside, NY 11364 1000-59-1-21.5 Suffolk County 330 Center Drive Riverhead,NY 11901 1000-59-1-21.8 Constantine Georgiopolous 156 Read Avenue Crestwood, NY 10707 STATEMENT TO THE SOUTHOLD BOARD OF TOWN TRUSTEES County of Suffolk ) State of New York ) I r G egory Mazzanobile, beingduly sworn, depose and affirm that I am the contract vendee of y P the property located at 1300 and 1460 Lake Drive, Southold, New York 11971, and identified by Suffolk County Tax Map Nos. 1000-59-1-21.6 & 21.7, and that all work will be done in the manner set forth in the present application and as may be approved by the Southold Board of Town Trustees. I agree to hold the Town of Southold and the Town Trustees harmless and free from any and all damages and claims arising under or by virtue of said perma(s), if granted. I hereby authorize the Town Trustees or their agent(s) or representative(s) to enter upon the property to inspect the premises in conjunction with the review of the present application. .c..... ... .......... . .. . .................. Gregory Mobile Sworn to before me this R .sdl ay of.... � ....... {...... 2001. ANIELA WILLIAMS NOTARY PUBLIC _...._.. �.(_� MY COMMISSION EXPIRES MAR 31,2005 otary Public 230 East 48`h Street, Apt 5C New York, New York 10017 President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Dear Su: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Per- mit Services to act in my behalf as my agent in the submission and processing of a permit application for the construction of a single-family dwelling and associated structures on property of which I am the contract vendee located at 1300 and 1460 Lake Drive, Southold, and designated by Suffolk County Tax Map Nos. 1000-59-1-21.6 and 21.7, and to furnish, upon request, supple- mental information in support of the application. Sincerely, Gregory Mazzanobile Pro er=T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (63 1) 734-5800 !, April 30, 2002 President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application for Permit on Behalf of Gregory Mazzanobile; SCTM#1000-59-1-21.6 & 21.7 Dear Sir: Attached are documents which have been prepared in support of the application for a permit to construct a single family dwelling on the property of which Gregory Mazzanobile is the contract vendee in the Town of Southold. Proper-T Permit Services represents Mr. Mazzanobile in this matter, and a letter of authorization is part of this submission. If there are any questions, or if additional information is needed, please call me. Si erely, 1 , . /• i. J es E. Fitzgeral , r. Enclosures: Application Fee ($200) Letter of Authorization Notarized Statement of Applicant Survey of Property/Project Plan(3 copies) Application Form(3 copies) Short EAF (3 copies) Vicinity Map (3 copies) Tax Map (3 copies) MAY a subsidiary of THE PECONIC EASTERN CORPORATION