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HomeMy WebLinkAboutTR-330 TOWN OFSOUTHOLD .. BOARD OF SOUTHOLD TOWN TRUSTE[S $OUTHOLD. NEW YORK WETLANDS PERMIT This Wetlands Permit No.....3..3.0. ....... has been granted by the Town Trustees according to 319 - . Ted D.o..w..d information furnished in App matron No ..................... fded by App lcant .......................................... ........................................ on ....9../.1.;.9./...8.5. ........... 10 .......... A map of the proposed Work will be kept on file in the Trustee Office under the application numbergiven. To construct a sin~.le 'famil.y. residence Permit §rant0d to do:the following work ............................................. ; ............. -. ................................. on pilings 30' from Orient Harbor (Gardiners Bay). Location of property on which work to be done _.3..5_0.....R~...b_b..i_t...~.a_n.e.~_..E..a..s..t....i~._r...i.o.D.,...I%y .................... Orient Harbor Creek Bay or Harbor fronting property · · 44' Sizeof work: Length ...... -' 30' Width . . · Height Above High Water 11' Depth Below L~w Water ........ ?.?.L?.?.?.-271.1Ji.'Zi.J ............................................................ yards to be Excavated ............L'Ti.7..-iiiiiii2'.ii ............................................................ Yards to be Filled ................................................................. Manner in which material is to be removed or deposited. N/~ ...................... ; ................. Residential Intended use of property ......................................................................................................................... Conditions if any See standard recommendations. Expiration Date August 28, 1987 if work has not commence.d.._.b.y....s..a.~.ql. Number of Inspections Required ..2.~.T..r..u..s..t..e.e.s..~.a..r..e.~t.~..~b..e.~..n...°..t~.i.¢~V~.~.9~p~o~ n£ ~;h~.. work. $5.00 Paid Inspection Fees ..................................................................................................................................... - Liability Policies in the Amount of ......................................................................................................... The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no resoonsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit sha~l not commence operations here- under until SUCh approval has been obtained n writing. The failure to obtm n SUCh other approval when required shall suojecz this permit ro immediate revocation by tine Trustees upon receipt by the Trustees of written notice from such other governmental or municipal authorities of its refusal or disapproval. The applicant does by the acceptance of this permit, assume all responsibility for operations under- taken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the applicant also a~c tees to indemni. fy and save harmless the Town, and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of ~ppticant, his agent and employees. The applicant and the owner and occupants of the premises upon which the operations authorized by Bis permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and its officers and employees to enter upon the premises where such operations are being conducted to make such inspections as the Town may deem necessary to insure that such operations are being con- ducted in conformity with this permit. This operation will not substantially: A. Adversely affect the wetlands of the town. B. Cause damage from erosion, turbidity or siltation. C. Cause saltwater intrusion into the fresh water resources of the town. D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege- tation or the natural habitat thereof. E. Increase the danger of flood and storm-tide damage. F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town. G. Change the course of any channel or the natural movement or flow of an,,, waters. H. Weaken or undermine the lateral support of other lands in the vicinity. I. Otherwise adversely affect the health, safety and general welfare of the people of the town. " Board of'~outhold Town Trustees Date ....... ; . . HENRY P. SMITH. President TELEPHONE JOHN M. BREDEMEYER, Vice-Pres, (516) 765-1892 PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, $3095 Main Road P.O. Box 728 Southold, New York t 1971 May 5, 1986 Mr. Charles Luscher Rabbit Lane Association 19 East Mall Plainview, New York 11803 Re: Bay Avenue, East Marion, New York Dear Mr. Luscher: The following action was taken by the Board of Trustees at their regular meeting held on April 24, 1986 regarding the above captioned matter. Moved by Trustee Smith seconded by Trustee Bredemeyer it was RESOLVED that the Southcld Town Trustees WAIVER the need of a Wetland Permit for Charles Luscher on behalf of the Rabbit Lane Association to re-install a 2" diameter water service to be under- ground and under the bottom of the lake, and to Ted Dowd for the installation of four 1" pipes underground and under the bottom of the lake. This waiver is given all in accordance with the "Water System Layout," and D.E.C. Permit !ssued on November 22, 1985 and subject to the Supplementary Special Conditions and Additional General Conditions of this permit. Very ~uly yours, '~enry~P. Smith, President Board of Town Trustees HPS:ip Attachments cc: Town Board Building Dept. Supt. of Highways Trustees Ted ~d CAC Mr. A.J. Moyse file TELEPHONE ~516~ 76S-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 February 4, 1986 Mr. StaDley A. Pauzer District Manager Soil & Water Conservationist 127 East Main Street Riverhead, New York 11901 RE: Ted Dowd Wetland Application No. 319 Dear Mr. Pauzer: Transmitted herewith is an application for a wetland permit, referenced above. Will you please assist us by making an inspection and review of the application for a recommendation to this Board? Your anticipated cooperation is greatly appreciated. We await your findings. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling Clerk to Trustees HPS:ip Attachments TELEPHONE (516) 765-1892 BOARD OF TOWI~t TRUSTEES TOWN OF SOUTllOLD Town Hall. 53095 Main Road P.O. Box 728 Southold, New York 11971 January 8, 1986 Mr. Ted Dowd P. O. Box 106 Southold, New York 11971 Re: Wetland Application No. 319 Dear Mr. Dowd: Please be advised that the Board of Trustees tabled the wetland application referenced above pending co~ents from the Conservation Advisory Council. If you have any questions, or need additional information please do not hesitate contacting this office at the telephone number listed above. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferl}ng Clerk to Board HPS:ip cc: Ms. Karen Chytalo, D.E.C. Trustees file TELEPHONE {5161 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, $3095 Main Road P.O. Box 728 Southold, New York 11971 December 3, 1985 Mr. Ted Dowd P. O. Box 106 Sou%hold, New York 11971 RE: Wetland Application No. 319 Dear Mr. Dowd: At the Trustee meeting held on November 27, 1985 the Board Tabled your application pending comments from the Conservation Advisory Council. The Board's. next regular meeting will be held on December 26, 1985 at 7:30 P.M. at the Town Hall, Southold for your information, should you wish to attend. If you have any questions or concerns please do not hesitate contacting this office at the telephone number listed above. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling Secretary to Board HPS:ip cc: Trustees file.. TELEPHONE {516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall. 53.095 Main Road P.O. Box 728 Southold, New York 11971 Date: October 8, 1985 TO WHOM IT MAY CONCERN: Attached hereto is a Long Environmental Assessment Form submitted by Ted Dowd in connection with his application for a Wetland Permit to construct a single family residence on property located at 350 Rabbit Lane, East Marion, New York.~ Henry P.' Smith, President Board of Town Trustees Posted: October 8, 1985 :TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD - Town Hall, 53095 Main P. oad P.O. Box 728 Southold, New York 11971 October 8, 1985 Mr. Martin Garrell, Chairman Southold Town Conservation Advisory Council Southold Town Hall ' Southold, New York 11971 Dear Mr; Garrell~ Transmitted herewith is application no. 319 for a wetland permit submitted by Mr. Ted Dowd. Please prepare a written report of findings and recommendations with respect to this application. -. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling - Secretary to Board Attachment TELEPHONE {516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 O:~tober 8, 1985 Mr. Charles T. Hamilton Alternate Regional Permit Administrator N.Y.S. Dept. of Environmental Conservation Building 40, SUNY - Room 219 Stony Brook, New York 11794 Dear Mr. Hamilton: Enclosed is the application of Mr. Ted Dowd. in connection with his application for a wetland permit. This project is unlisted and our initial determination of non-significance has been'made and we wish to coordinate this action to conform our initial determination in our role as lead agency. May we have your view on this matter. Written comments on this project will be received at this office until Oct. 28, 1985 We shall interpret your lack of response to mean there is no objection by your agency. Very truly yours, HENRY P. SMITH, PRESIDENT BOARD OF TOWN TRUSTEES Ilene Pfifferling Secretary to Board Attachments cc: Commissioner Williams Southold Town Building Dept. HENRY P. SMITH. P~esident TELEPHONE JOHN M. BREDEMEYER. Vice-Pres. (5162 765-1892 PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, $3095 Main Road P.O. Box 728 Southold. New York 11971 September 30, 1986 Mr. Raymond Jacobs Supt. of Highways Peconic Lane Peconic, New York 11958 Dear Ray; The following action was taken by the Board of Trustees during their regular meeting held on September 25, 1986 regarding the Bay Avenue, East Marion matter. RESOLVED that the Town Trustees APPROVE A WAIVER OF THE WETLAND ORDIN~ANCE to restore the area under the bridge on Bay Avenue, East Marion, back to its' or±ginal state and that all work is to be done by the Highway Dept. Very truly yours, Henry Smith, President Board of Town Trustees HS:ip cc: Town Board file TELEPHONE {5161 765-1892 BOARD OF TOWN TRUSTEE5 TOWN OF SOUTHOLD Town Hall, 53095 Ma/n Road P.O. Box 728 Southold, New York 11971 November 21, 1986 M~r. Charles Luscher Rabbit Lane Association 19 East Mall Plainview, New York 11803 Re: May A~enue, East Marion, New York Dear Fir. Luscher: Please be advised that it will be necessary to secure a permit from the Trustees for the removal of silt from under the bridge on Bay Avenue, East Marion. The Lakeview Terrace Road Association has indicated that they would like to have this work expedited as soon as possible. (See Attached letter). For your convenience, I have attached a wetland application to complete and return to this office. Should you have any further questions or concerns, please contact this office. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS:ip Attachments TELEPHONE f§16) 765-1892 BOARD OF TOWN TRUSTEES YOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 November 7, 1985 Mr. Ted Dowd P. O. Box 106 Southold, New York 11971 Dear Mr. Dowd: The following action was taken by the Board of Town Trustees at a regular meeting held on October 30, 1985: RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Ted Dowd for a Wetland Permit on certain property located on 350 Rabbit Lane, East Marion, New York. Very truly yours, Henry P. Smith, President Board of Town Trustees Secretary to Board HPS:ip cc: Trustees File HENRY P. SMITH, President TELEPHONE JOHN M. BREDEMEYER, Vice-Pres. (516) 765-1892 PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall. $3095 Main Rbad P.O. Box 728 Southold, New York 11971 October 1, 1987 Mr. Albert J. Moyse, President Rabbit Lane Association P. O. Box 754 East Marion, New York 11939 Re: Marion Lake Dear Mr. Moyse: This is to acknowledge receipt of your letter of September 29, 1987 regarding the above matter. Please be advised that a copy of this communication has been forwarded to Mr. Raymond Jacobs, Superintendent of Highways for his review. The Trustees will discuss this matter during their regular meeting to be held on October 29, 1987. We will advise you further, after that date, Should you have any questions, please do not hesitate to contact this office at the telephone number listed above. Very truly yours, Henry~. Smith, President Board of Town Trustees HPS:ip cc: Raymond L. Jacobs, Superintendent of Highways Trustees File HENRY P. SMITH, President TELEPHONE JOHN M. BREDEMEYER, Vice-Pres. (516) 765-1892 PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 725 Southold, New York 11971 August 8, 1986 Mr. Ted Dowd Box 282 Rabbit Lane East Fmrion, N. Y. 11939 Dear Mr. Dowd: In regards to your letter of August 1, 1986 requesting the Trustees no determine--the necessity for Wetlands Applications prior to building of houses on Lots 036-17-10 and 036-17-20. It has been determined by the Bay Constable after a field inspection that the proposed two houses are outside of the 75' jurisdiction of the Trustees, therefore not permit is necessary at this time. If any activity was to take place within the 75' however, a permit would then be required. Please be aware that we are making this determination only for the Trustees Office and not for any other agency which may require permits. If you have any questions please don't hesitate to contact us at the above listed phone number. Very truly yours, Smith, President Board of Town Trustees HPS:ao cc: Trustees File HENRY P. SMYrH, President TELEPHOi~ JOI~N M, BREDEMEYER Vice-Pi. es, [516~ 765-1892 PiilLLIP J. GOUBEAUD ALBERT KRUPSK1, JR. ELLEN ~{. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold. New York 11971 August 6, t986 Mr. Ted Dowd Box 282 Rabbit Lane East Marion, New York 11939 Dear Mr. Dowd: The following action was taken by the Board of Trustees during their regular meeting held on July 31, 1986 regarding your wetland application no. 319. Moved by Trustee Krupski seconded by Trustee Larsen it was RESOLVED to WAIVER the need of a Wetland Permit as requested by Ted Dowd for the clearing out of underbrush from property located on Rabbit Lane, East Marion for lots as follows: 1000-038-17-9, 1000-038-17-10, 1000-038-17-20 and 1000-038-18-8. Very truly yours, y . zth, President Board of Town Trustees HPS:ip cc: Trustees file HENRY P. SMITH, President ~~~%% TELEPHO~ JOHN M. BREDEMEYER, Vic~Pres. ~ (516) 765-1892 PHILLIP J. GOUBEAUD ALBERT KRUPSKI. JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town H~I. 53095 Main Road P.O. Box 728 Southold, New York 1 t971 July 31, 1986 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION NOTICE OF DETErmINATION OF NON-SIGNIFICANCE APPLICATION NO. 319 NAME: Ted Dowd This no~ice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, Notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has-determined that the project will not have a significant effect to the environment. Please take further notice that this declaration 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. TYPE OF ACTION: Unlisted DESCRIPTION OF ACTION: Build a single family residence on pilings 30' from Orient Harbor (Gardiner's Bay) LOCATION OF PROJECT: East Marion, N.Y. REASONS.SUPPORTING THIS DETER~IINATION: 1. An environmental assessment form in the shortform has been submitted which indicated that there would ~e no adverse effect to ~he environment should the project be. implemented as planned. 2. Because ~here has been no response in the allotted time from the Southold Town Building Dept. and the N.Y.S.. D.E.C~ it is assumed that there are no objectiQns nor comments from those agencies. Further information can be obtained by con~acting Henry P. Smith, Pres., Board of Trustees, Town Hall, Main Road, Sou%hold, New York 11971. or by calling (516) 765-1892. Very truly yours, . Smith, President Board of Town Trustees HPS:ao CC: Bldg. Dept. C.A.C. Planning Bd. DEC - Albany DEC - Stony Brook Army Corps Aran Terchunian, Coastal Mgmt. Town Clerks Bulletin Bd. Zoning Board Trustees File TELEPHONE (515) 76,~'1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, $3095 Main Road P.O. Box 728 Southold, New York 11971 July 1, 1986 Mr. Ted Dowd P. O. Box 106 Southold, New York 11971 Re: Wetland Application No. 319 Dear Mr. D~{~d: Please be advised that the Board of Trustees took the following action during their regular meeting held on June 26, 1986 regarding the above captioned matter. RESOLVED that the Town Trustees Table the application of Ted Dowd pending comments from the Conservation Advisory Council. Very truly yours, Henry P. ffmith, President Board of Town Trustees HPS:ip cc: Trustees C.A.C. file HENRY P. SMITH. President TELEPHONE JOHN M. BREDEMEYER, Vice*Pres. (516) 765-1892 PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1 1971 May 16, 1986 Mr. Charles Luscher Rabkit Lane Association 19 East Mall Plainview, New York 11803 Re: Bay Avenue, East Marion, New York Dear Mr. Luscher: Please be advised that our letter of May 5, 1986 applies to the water lines for the above captioned project. Electrical lines are to be installed according to Public Utility standards and specifications. The Trustees would recommend that the electrical lines be run overhead across the pond. If you have any questions or concerns, please do not hesitate to call this office at the telephone number listed above. Very trul~,~/ou~s,~/? ~enry P. Smith, President Board of Town Trustees ~ HPS:ip Attachment cc: Trustees Building Dept. Supt. of H~ghways Ted DowdY/ CAC Mr. A. J. Moyse Town Board file HENRY P. SMITH. President TELEPHONE JOHN M. BREDEMEYER, Vice-Pres. t5161 765-1892 PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 728 Southold. New York 11971 September 30, 1986 Mr. TEd Dowd Box 282 Rabbit Lane East Marion, New York 11939 Dear Mr. Dowd: The following action was taken by the Board of Trustees during their regular meeting held on September 25, 1986 regarding your wetland application no. 319. WHEREAS, Ted Dowd applied to the Southold Town Trustees for a permit under the proviszons of the Wetland Ordinance of the Town of Southold, application dated September 19, 1985 , and WHEREAS said application was referred to the Southold Town Conservatzon Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on August 28, 1986 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 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 Ted Dowd BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: construct a single family residence on pilings 30' from Orient Harbor, East Marion. This permit will expire on August 28, 1987 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the~ Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies znsuring against any liability which may arise in the performance of the operations pursuant to such permit zn such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered a determination made for any other depar=ment or agency which may also have an application pending for the same or similar project. See attached recommendations. Board of Trustees Page 2. - Ted Dowd Very truly yours, President Board of Town Trustees HPS:ip Attachment cc: Robert A. Greene, D.E.C., Stony Brook Cor~issioner Henry G. Williams, D.E.C., Albany Army Corps of Engineers Coastal Management Trustees file Bldg. Dept. Board of Appeals Standard measures to be taken during construction: Roof run off shall be discharged into dry wells. 2. Driveways and parking areas within 75' of the wetlands shall be of porous construction. Blacktop shall not be used on this site. 3. Care shall be taken so as to preclude the entry of any construction material into adjacent waters. 4. Immediately following construction, all areas of exposed soil shall be properly protected with suitable erosion control devices/and or vegetated to prevent entry of eroded soil into nearby waters. PUBLIC HEARING IN THE HATTER OF TED DOWD NOTICE IS HEREBY GIVEN THAT PUBLIC HEARING WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE 80UTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK ON THURSDAY, AUGUST 28, 1986 on the following application for a permit under the provision of the Wetland Ordinance of the Town of Southold: 7:30 P.M. In the matter of the application of Ted Dowd to construct a single family residence on pilings 30' from Orient Harbor. Property is located at 350 Rabbit Lane, East Marion, New York. 7:45 P.M. Trustee Bredemeyer: Is there any one to speak in favor of this application? (no comment). Is there anyone who wishes to speak against this application? Yes. Please come forward and use the microphone. If you would also sign in so that we will have your name for the record. Clerk: There is a sign in sheet on the chair. Harriet Moor: My name is Harriet Moor I live adjacent to the property that Mr. Dowd is seeking to build a house on. I have before me a notice of disapproval dated September 18, 1985, in which he was disapproved on three COUntS. Trustee Larsen: Disapproved by whom? Mrs. Moor: The Town of Southold, Building Dept. one, the building exceeds the Lot coverage per written by 703-232 sq. ft Article III, Section 100-31 Bulk schedule A Col building will be located in the 75'-0" set back required from Tidal Wetlands Article IX, Section 100-119-2. Now if Mr. Dowd is seeking approval of these items this evening, and I am sure that he is, what is the point of setting up rules in your zoning book. What is the purpose of it? Trustee Larsen: Each application is a separate entity of itself. Having a permit from one agency does not relieve the applicant from the responsibility of having a permit from the other agency. However, each Board that the applicant comes before only addresses the issues pertinent to the ordinance of that Board. Okay, specifically as far as the 75' setback requirement, he would require a Wetland Permit from us in order to meet that criteria established by the Building Department. Mrs. Moor: He has not gotten that approval yet? Trustee Bredemeyer: This hearing is part of this process. .Trustee Larsen: You are giving us your opinion on this project. You brought to our attention that the Building Dept. has not issued a building permit at this time and you gave us the reasons. Trustee Bredemeyer: Those items are for the Zoning Board of Appeals. This Board is not the Zoning Board of Appeals. We can not act specifically on those items. We ecg on other items under the To%rn Wetland Ordinance. Mrs. Moor: Is that what this meeting is here for tonight? Trustee Bredemeyer: That is correct. Board of Trustees - Public Rearing in the matter of Ted Dowd Page 2. August 28, 1986 Mrs. Moor: Not the Zoning Law. Trustee Larsen: No. We do not deal with that. We deal with the Wetland Ordinance. Trustee Bredemeyer: Do you have anything more to add to this application? Mrs. Moor: No. Not as far as I can see. Trustee Bredemeyer: Anyone else here to speak against this application? Frank Heroy: My name is Frank Heroy. I'm speaking for the Lakeview Terrace Road Association which is off Bay Avenue in East Marion. The Association requests that this project not start until the silt problem under the bridge has been resolved, which was a result of the first project of Mr. Dowd. If for 60 years one could row a boat under that bridge. Today one can not row a boat under that bridge as a result of siltation into the lake. The second thing, the Association requests that a weight limit be placed on that bridge because a collapse of that bridge into Wetlands could be fatal to a person and could have a catastrophic effect on wildlife in that area. Trustee Bredemeyer: Okay, thank you. Is there any one else who wishes to speak on behalf of this application, either for or against? Ruth 01iva,~F.E.C.: We oppose this application because we feel that three residences on a small piece of property is just to much. As far as the septic systems are concerned going into Lake Marion, there is alot of development and most of the run off as it is is probably going into Lake Marion. We do not feel that the lake should be loaded any more with any more nutrient. Trustee Bredemeyer: Is there any one else who wishes to speak on this application? Dr~ Martin Garrell: Jay, just for the record, I guess the comments from the Conservation Advisory Council are part of the record? Trustee Bredemeyer: If you wish to reiterate them, that would be fine. Dr. Martin Garrell: If you recall we were opposed to the project. We felt that there would be a significant impact on Lake Marion. We felt that this particular applicant should go through the full environmental hearing process and should be made no process a draft environmental impact statement through a final impact statement. With all of the useful information that hearings bring out. We therefore felt an this time, that the application for a permit should be refused. That was all, that will be part of the record. Trustee Bredemeyer: Anyone else? Yes. Ted Dowd: My name is Ted Dowd. I would like to point out a few things. In reference to the first question about the bridge, the bridge was 20" deep last year, I measured it. I believe it is deeper this year. A lot of construction work and rework has gone on. Just for the record. I believe some of you have been down there to look at ii In reference to the environmental impact statement, it was addressed thoroughly' last time. This application is for one house, not three houses on that piece of property. Does anyone have any questions? Board of Trustees - Public Hearing £n the matter of Ted Dowd Page 3. - August 28, 1986 Trustee Bredemeyer: Does anyone else have any comments. (no comments.) Do any of the Trustees have any questions? (no comments.) There not being any further comments on this application, I close the public hearing in the matter of Ted Dowd. Hearing Closed at 7:55 P.M. Town Hall, 53095 Main Road P.O. Box 1179 TELEPHONE Southold, New Yor!~ 11971 t516) 765-1801 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL July 28, 1986 To: Southold Town Trustees From: Southold Town CAC Re: Applications reviewed by CAC at the regular meeting held July 22, 1986 Ho. 398 - Harold Wilsberg - Recommend disapproval - The Council would like the applicant to either resubmit or ~amend the application for only a floating dock and no bulk- head. The Council recommends the floating dock instead of the bulkhead to allow for the extensive colonization of spartina which would stabilize the land and reduce the need fdr any bulkhead. No. 400 - Sal Caiola Recommend disappr'oval The Council feels it is a naural shoreline with no other bulkheads adjacent to the property and the structure could cause erosion of the adjacent beaches. The Council suggests the applicant plant natural vegetation instead. No. 402 - Gerald Rupp Recommend dis'approval - The Council disapproves because the slope is' in good condition and is holding as is. I'f the applicant does anything further it could disturb the natural vegetation which would lead to serious erosion problems. The Council does recommend the repair of the stairs and existing bulkhead. They suggest the applicant either amend or resubmit the applicatir to do the repairs suggested and placing a small deck at the base o~f the stairs but proposing no retaining walls. No. 388 - Leonard Schlegal - Recommend app:co'val with stipulations. Page 2 The applicant must recognize the sensitivity of the area. There should be minimal clearing during construction; no lawns on the wetland side of the house (area between house and marsh); plant appropriate vegetation on wetlands side of house; and insure nutrient flow (~rom fertilizers, etc.) inno the creek be minimal. No. 394 Frank R. Reilly Recommend approval with stipulations. The cabin and retaining walls are approved. The ramp and dock are de- pendent upon neighbors approval for access. If the path is to cross wetland the Council does non approve. No. 403 - John Becht Recommend approval provided the applicant follows the plans as skstched with elevation o~er the spartina No. 404 - Goldsmith's Boat Shop - Recommend .a.pproval. No. 405 - Mark Baxter - Recommend .approval w~th stipulations. 1. Ail drainage must be on property. 2. Minimal clearing of vegetation. 3. Plant 10' of vegetation on wetland side of house, no lawn! No. 406 - Richard Anderson Recommend approval. No. 407 Arnold Blair - Recommend .approval but keep the retaining wall in a s'traight line. No. 408 The Nature Conservancy -Ta'b'l'ed. No. 409 Douglas Miller - Tabled. The Council is to request additional info from applicant, but, at this time does feel it will need an EIS, Type I No. 410 Sal R. Varano Recommend ~p.p'roval with stipulation. Replace Bulkhead in place, do not move out as shown in plans. No. 411 - John Morse - Recommend approva.1. No. 412 Nicholas J. Cutron Recommend ~fs'app'coval. No need for bulkhead - the slope is vegetated, there is no erosion, it is not subject to extreme sto=m conditions and there are no other bulkheads to either side. No. 413 - Douglas Moore - Recommend app'ro~l. No. 414 - C & L Realty Recommend approval. RESOLUTION NO. 49 - TED DOWD AS PER INSPECTIONS OF THE LOTS FOR THE CLEARING ON THE SITE. This was for the Three lots. 1000-038-17-9 1000-038-17-10 1000-038-18-8 Town Hail, 53095 Main Road P.O. Box 1179 tELEPHONE Southold. New York 11971 (516l 765-1801 SOUTttOLD TOWN CONSERVATION ADVISORY COUNCIL January 22, 1986 To: Henry Smith, Trustee President From: Linda J. Cooper, CAC Secretary At the regul.ar meetin~of the CAC the following recommendations we~ -- Wetland Application ~o. 319. Ted Dowd - The Council will con o Table this application until they can speak with Mr. Dowd./ Wetland Application No. 333, Dr. Vincent Claps Tabled, the CounciI wishes further information before making a recommend- ation. Wetland Application No. 334, John Xikis - Disapprove, the Council feels the present wall is serving its purpose, there is no need for bulkheading. Also of concern is the severe impac~ on the downdrift neighbors of the proposed groin. In addition~ creation of additional land ye an existing beach is contrary ye the existing wetlands ordinance In conclusion, the applicant should leave AS IS, the stones and screens appear quite secure. The cove is sheltered from the northwest. Wetland Application No. 337, Joseph Schoenstein - Disapprove, The Council sites four reasons for its recommendation. They are as follows: 1) Creek is about ye be designated as a significant habitat. It is crmtical ~o vast freshwater wetlands and uplands as far north as Moores Woods. 2) The setback is not observed with care on the present lot. Rubble fronting on creek and banks are already a hazard. 3)The building can be sited perpendicular to current plan. 4) Town ordinances are already in question due to expansion of facilities and previous variances. WeTland Application No. 338, Albert J. Breneisen - Disapprove. The Council recommends disapproval because the poolcis within the 75' setback requirement. The bulkhead represents a severe alteration of the shoreline contour. Without the pool the retaining wall has no funcrion. The Council suggests an alternative by placing the pool on the north side of zhe house. Page 2 Wetland Application No. 335 John Newman - Table. The Council feels it must table this matmer pending ZBA approval of the two story garage. It appears two story buildings go against the deed and covenants. If ZBA does approve, then questions will be asked re: Cesspool capacity increase and loading re: Pilings If ZBA does nov approve, then it is not clear if pilings are necessary. It is not clear that the garage is not currently safe - simply repair the cracks in the floor. Rip rap looks sound as is. Wetland Application No. 324 Arthur J. Bujnowski - Table - The Council reinspected the application at the request of the Town Trustees. After another inspection and being alerted that there were objections by neighbors, the Council decided to table the application pending a meeting of all Those neighbors concerned in the surronding properties. They need to find a solution To best handle the problem of erosion and property loss. The Council feels the property owners need an expert in littoral drift to advise on proper place- menu of groins, Wetland Application No. 336 Glenn F. Heidtmann - Table - The Council has tabled this application pending notice from the DEC regarding Freshwater Wetlands. Town Hall. 53095 Main Road P.O. Box 1179 T~LEPHONE Southold, New York 11971 1516) 765-1801 SOUTHOLD TOWN CONSERVATION ADVISORY COIYNCIL November 27, 1985 To: Southold Town Trustees From: CAC Secretary, Linda Cooper The CAC held its regular meeting, Tuesday, November 26, 1985. At that time the following recommendations were made: Wetland Application No. 310 Neil Simon - Recommend ~pproval with the stipulation that the dock be shortened to keep it out of the main channel Wetland Application No. 313 Henry P. Smith - Recommend approval Wetland Application No. 315 North Fork Property Development Tabled for reinspection Wetland Application No. 316 - Walter Wappus - Recommend approval Wetland Application No. 317 - Charlie Caraftis (Mattituck Fishing Station) Recommend approval Wetland Application No. 318 - The Beixedon Estate Property Owners, John Nickles Recommend approval ~ ~Wetland Application No. 319 - Mr. Ted Dowd - T~b'led, the Cou ' k~_~ wishes to meet with Mr. Dowd. Wetland Application No. ~320 - Mattituck Park Comm. (park at Peconic Bay Blvd.) - Recommend approval Wetland Application No. 321 - Mattituck Par~ Commission (Veterans Memorial Park) - Recommen~ approval Wetland Applicatioa No. 322 - Daysman Morris Recommend approval as long as the conditions stipulated in the DEC Permit as strictly followed Wetland Application No. 323 - The Lagoon Associatioh c/o Robert H. Sturdy - Recommend approval Wetland Applicat-ion NO, 324 - Arthur J..Bujnowski - Recommend approval Town Hall, 53095 Main Road P.O. Box 1179 TELEPHON]~ Southold~ New York 11971 516) 765-1801 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL November 27, 1985 Mr. Ted Dowd P, O. Box 106 Southold, New York 11971 Dear Mr. Dowd: At the Southold Town Conservation Advisory Council's regular meeting held November 26, 1985, the Council tabled your wetland application, which was transmitted ~o us by the Southold Town Trustee~ for a recommendation. The Council wishes to meet with you az our next regular meeting and discuss your application. Several points need clarification. The next regular meeting of the Conservation Advisory Council will be Thursday, December 19, 1985. at 8:00 P.M. Meetings are held at the Southold Town Hall, Main Road, Southold, New York 11971. Please notify the secretary, Linda J. Cooper, if you are able To attend. Thank you for your cooperation in this ma~zer. Very truly yours, Martin H. Garrell, Chairman Conservation Advisory Counci2 By Linda J. Cooper, Secretary cc: Southold Town Trustees Town Hall, 53095 Main Road P.O. Box 1179 TELEPHONE Southold. New York 11971 [$16) 765-1801 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL The Southold Town Conservation Advisory Council held its regular meeting on Tuesday, November 26. 1985 az 8:00 P.M., az the Southold Town Hall, Main Road, Southold, New York. Present were: Martin H. Garrell - Chairman John Tuthill Member Ralph Condit Member John Holzapfel Member Heather Cusack Member Jeanne Martinet - Member Betty Wells - Member Linda J. Cooper - Secretary Also present were: Mr. Bergman Henry Sm-ith DISCUSSIONS: Mr. Bergman (Planning Board referral - Proposed Subdivision) appeared before the Council to explain the exact location of the proposed house in relation to the slope and marsh area. At the Council's request, Henry Smith was in attendance to answer the questions raised at the previous meeting regarding his Wetland Application No. 313. Regarding the amount of dredging to take place, Mr Smith informed the Council that the application had been amended from the original 1000 c.y. of dredging to 96 c.y. When questioned about the placement.of dredge spoils, he explained the dredge spoils would be loaded on a barge and unloaded at Goldsmith's, then trucked away. The Council also wished to know if there had been any dredging done in the same area in the historic past. According to Mr. Smith, the County had dredged in the area up to the park az the end o£ Youngs Aven~e. REPORTS: Heather Cusack. the Council's STOP representative reported the program for 1986 would begin organizing in February and start getting information out to the public with special attention being given to businesses. Ms. Cusack also reported 'on a request received from Councilman Paul Stoutenburgh. Councilman Stoutenburgh would like the CAC to Page 2 make up a map showiag all the places in the area with drainage pipes going into creeks. It would help pinpoint sensitive areas. The Council felt that it was a worthwhile project. Council Chairman Martin Garrell will contact Paul Stoutenburgh ~o set up organizing and financing the project. The members of the Council thought it would be best to hire someone, possibly a college student. to do the actual leg work. Chairman Martin Garrell reported that he is planning a joint meeting ~or a Saturday, sometime in January of February, between the Southold, East Hampton, Southampton, and possibly Riverhead CACs and Conservation Beards. RECOMME~DATIONS: On a motion made by John Tuthill, seconded by Ralph Condit it was RESOLVED to recommend to the Southold Town Planning Board .approval of the Proposed Subdivision 'of Martin and Barbara Bergman. The Council approves with the stipulation that care be used during excavation and that the natural vegetation be kept as a buffer between the house and marsh area to avoid run-off. Vote of Council: Ayes: All Motion carrzed. On a motion made by John Holzapfel, seconded by John Tuthill it was RESOLVED to recommend to the S. outh~ld Town Trustees approval of the Wetland Application No. 310 submitted by En-Consultants, Inc. on behalf of Neil Simon. Applicant wished to construct a variable width timber walkway for house now under conszruction to bulkhead (approx- imately 40') where it will be continous with. a 4' wide x 20' long fixed elevazed (min. 3.5' above grade of marsh) walk. 4' ~ 14' hinged ramp. and 6' x ~6' float secured by two S" diameter pilings. The Council approves with the stipulation that the dock be shortened to keep it out of the main channel. Harbor Lights Drive, Southold. Vote of Council: Ayes: All Motion carried. Om a motion made by Martin H. Garrell, seconded by John TuthilI it was RESOLVED to recommend to the Southold Town Trustees approval of the Wetland Application submitzed by The Land Use Co,,- on behalf of Henry P. Smith ( No: 313) to dredge a 96 c.y. area in Town Creek. Hobart Road, Southold~ Vote of Council: Ayes: Ail Motion carried. On a motion made by Mart. in Garrel~ seconded by Ralph Condit iz was RESOLVED to table Wetland Applicatian No. 315 to reinspect by the Council. Vote of Council: Ayes: All Motion Carried ~ ~ Page 3 On a motion made by Jeanne Martinet, seconded by Ralph Condit it was RESOLVED to recommend To the Southold Town Trustees approval of the Wetland Application No. 316 submitted by The Land Use Company on behalf of Walter Wappus to reconstruc~ 45' of bayside timber bulkhead within 18' and reconstruct in kind and in place 33' of timber bulkhead on west side of property. Bayshore Road, Greenport. Vote of Council: Ayes: All Motion carried. On a motion made by Martin Garrell, seconded by-John Tuthill it was RESOLVED to recommend to the Southold Town Trustees approval of the Wetland Application No. 317 submitted - Charlie Caraftis (M~ttituck Fishing Station) by the North Fork Marine Construction. Inc. to construct a timber bulkhead, 106' long. Bulkhead will be built 18" in front of existing bulkhead. Fill will be trucked in To backfill bulkhead. Naugles Drive, Mattituck. Vote of Council: Ayes: All Motion carried. On a motion made by made by Jeanne Marriner, seconded by Martin Garrell it was RESOLVED to recommend to the Southold Town Trustees approval of the Wetland Application No. 318 submitted by The Biexedon Estate Property Owners to maintenance dredge inlet ~o Pet~y"s Pond. Approximately 6500 c.y. of spoil will be deposited on beach ~o westas beach nourish- merit. Ten-year maintenance dredging permit is requested. Ashamonaque Avenue, Southold Vote of Council: Ayes: Ail Mot, ion carried. On a motion made by Martin Garrell. seconded by Heather Cusack it was RESOLVED to table Wetland Application No. 319 submitted by Mr. Ted Dowd. The Council wishes to meet with Mr. Dowd. Vo~e of Council: Ayes: All Motion carried. On a motion made by Jeanne Martinet, seconded by John Holzapfel it was RESOLVED to recommend to the Southold Town Trustees approval of the Wetland Application No. 320 submitted by The Land Use Company on behalf of the Mattituck Park Commission to reconstruct a timber jetty. Peconic Bay Boulevard, Mattituck. Vote of Council: Ayes: Ail Motion carried. On a motion made by. Jeanne Marriner. seconded by John 'Holzapfel it was RESOLVED to recommend to the Southold Town Trustees approval of the Pa~e 4 Wetland Application No. 321 submitted by the Land Use Company on behalf ct the Mattituck Park Commission to reconstruct two timber jetties. Bay Avenue, Veterans Memorial Park, Mattituck. Vote ct Council: Ayes: Ail Motion carried On a motion made by Martin Garrell, seconded by Heather Cusack it was RESOLVED to recommend to the Southold Town Trustees approval,subject zo the same stipulations as on the DEC permit, of the Wetland Application No. 222 submitted by Daysman Morris to bring in 200 o.y. ct till to be placed on lot to run grade to level ct road i~ area 150'x75'. Kerwin Boulevard. Greenport. Vote ct Council: Ayes: Ail Motion carried. On a motion made by Ralph Condit, seconded by John Tuthill it was RESOLVED to recommend to the Southold Town trustees approval of the Wetland Application No. 323 submitted by The Lagoon Association to replace 50' S. jetty; repair existing S. jetty, remove up zo 215' of S. Bulkhead and grade to natural beach; extend existing jetty 75' shoreward in sandy beach; pass over 600 c.y. of littoral sand trom S. to N. and create a deposition basin, including maintenance of deposition basin and inlet dredging. Vote of Council: Ayes: All Motion carried. On a motion made by Ralph Condit. seconded by Jeanne Marriner it was RESOLVED to recommind to the Southold Town Trustees approval of the Wetland Application No. 324 submitted by The Land Use Company on behalt ct Arthur J. Bnjnowski to construct a timber jetty of approximately 35' in length. The compartment between the proposed structure and the one to the east shall be completely tilled with clean sand. 1265 Watersedge WAy, Southold. Vote of Council: Ayes: Ail Motio~ carried. Om a motion made by Ralph Condit. seconded by John Tuthill it was RESOLVED to approvethe minutes ct the meetin~ held October 22. 1985. Vote of Council: Ayes: Ail Motion earrmed. NEW BUSIXESS: The next regular meeting ct the Southold Town Conservation Advisory Council will was scheduled for Thursday, December 19. 1985 at $:00 P.M. at the Southold Towm Hall. Page 5 Group inspections will be made on Thursday, December 19, 1985. The group will meez az Southold Town Hall az 1:00 P.M. The new applications were distribuzed as follows: No. 325 - Ralph Condit No. 326 - Group Inspection No. 327 - Jeanne Marriner No. 328 - Ralph Condit and Bezzy Wells No. 329 - John Tuthill No. 330 - Group Inspection No. 331 - Betty Wells No. 332 - Group Inspection No. 333 - John Holzapfel No. 335 - Group Inspection No. 336 - Group Inspection The Council Would like it placed on the record, that due to the large amount of group inspections scheduled for this meeting, it was neccessary zo schedule Two days for the group inspections. On a motion made by Ralph Condit, seconded by John Holzapfel it was RESOLVED To adjourn the meeting az 9:30 P.M. Voze of Council: Ayes: Ail Motion carried. Respect£ul ly submitted, Linda J. Cooper, Secretary F~ANCIS J, ~U~PHY TELEPHONE SUPERVISOR (516) 785-1800 ~IN ROAD (516; 765-1939 SOUTHOLD. L.I.. N.Y. ~971 September 16, 1986 SUBJECT: Bay Avenue Project - Lakeview Terrace Road Association TO: Southold Town Board Town Clsrk Highway Department Building Department Board of Trustees Mr. Frank Heroy has requested a meeting with the above departments to discuss the Rabbit Lane Project. A meeting has been scheduled for September 23, 1986, at 10:00 A.M. I would appreciate it if you could_have a representative from you department present to answer~any questions he might have. I have attached copies of correspondence in regard to Mr. Heroy. ~. Murphy /~/'~ ~pervisor OFFIO~' I~OR TI FRANOI$ J. ~URPHY T~LEPHO~ E SUPERVISOR (516', 765-1S00 MAIN ROAD (516) 765-1939 SOUTHOLD. L.I., N.Y, 1197] September 4, 1986 Lakeview Terrace Road Association P.O. Box 357 East Marion~ New York 11939 Mr. Frank Heroy, Secretary Dear Mr. Heroy; We have scheduled an appointment for you as representative for the Lakeview Terrace Road Association to address the Southotd Town Board on September 23, 1986, at 10 A.M. to discuss the problems of your association. Please call my office at 765-1800 and confirm this at your earliest convlence. We look forward to seeing you. Sincerely your~,~ ~ ~ ~f~Southold cc: Southold Town Board Building Department, Victor Lessard Highway Department, Ray Jacobs Trustees FJM:btr OFFIOE~ :RVI-~OR FRANCIS J. MURPHY TELEPHONE SUPERVISOF (516) 765-1800 mAIN ROAD (516) 765-1939 SOUTHOLD, L.I., N.Y. July 28, 1986 Mr. Frank Heroy 145 Lakeview Terrace PO Box357 East Marion, NY 11939 Dear Mr. Heroy; Thank you for your letter of July 21, 1986 mn regard to the Rabbit Lane Project. If you would like to meet with the entire Southold Town Board and all the Departments involved I can arrange it:.and you can speak with them about the project and your objections. Please advise me as to scheduling the meeting. ~.y yours, FJM:btr / OFFIO£ :RVI-~OR FRANCIS J. MURPHY TELEPHONE SUPERVISOR (516) 765-1800 MAIN ROAD (s1s) 765-1939 SOUTHOLD, L,I,, N.Y, May 23, 1986 Mr. Frank Heroy 145 Lakeview Terrace PO Box 357 East Marion, NY 11939 Dear Mr. Heroy; I am in receipt of your letter dated April 22, 1986. I have been in con~ac~ with Councilman Penny and he has assured me that he has discussed this ma~er with you and he knows the area and the people involved and is handling this problem. If there are any more problems or I can be of further assistance please conrac~ my office. FJM:btr TELEPHONE ~516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1 i971 Date: October 8, 1985 TO WHOM IT ~LAY CONCERN: Attached hereto Ks a Long Environmental Assessment Form submitted by Ted Dowd in connection with his application for a Wetland Permit to construct a sinqle family residence on property located at 350 Rabbit La~e, East Marion, New York mith, President Board of Town Trustees Posted: October 8, 1985 - o ..~ ENVIRO~NI~E~TAL - PART I PRO. CT i~ O~T ION - ' ' ' ....;,-- ..X,/- ~ ?~ , ~/d~ ~' ~0 ' -:~*:-', I. '~[r~ ~[~cxr~r[o~l -.- ~-: ................... .,:,, -~- ~.-..,~'.. ~,,-,,.:;~ ...... , .......... ~--.-:'--~ ? -- - :'~ ~ ' . . . ...... -. ........ _:__=:... ~ ---: ........ ~ . ..... ...; ~ : -.- ,:._ ~-.. s '~. .... ~ .-,. ,~ ........... :.... .... ~.~, -* ° 6. Approximate per:entac, e of proposed project site with slopes: U-lO: /'~Z; 1045: Places) Y~s 8. ~hat is ~e depth to the water table) ~?ee~ . .' .' .. ' ' 9. ~ hunting or fishing oppo~unities presantly exist in the project area? Yes 10. ~es p~ject site contain~y spedes of plant ar animal life that ts identified as threatene~ or ' ~dancered - ~, Yes ~{o, acco~ing tu - Identify each species ll, Are t~ere any unique or u~uJual land fo~ on the p~ject site! {i.e. cliffs, dunes, o~er ~eological fo~ations - Y~ ~No. ,{Describe ~-?'-~ ]~. Is ~e'~ject sit~resently use~ by the ~=~it7 or neighborhood as an open space or'~c~ation ]3. ~es ~ihe ~resen~'site offer or include scenic views or vis~s bown ~ be impo~nt tO.~e ~tty) Yes ~ tk . - -' -. '~4. S[re.ms .i[hi~ or ~onCi~uous to pm~ec~ area: ....... a. N~e of stre~ and na=e of river to hhich it is tributa~ ." ': ....... · F . - )5. Lakes, Ponds, Wetland areas within or co~ntigunus r~ projec: area: ....... : ...: - _..:..,.: .......... a. I(ar~ ; b. Size (in acres) "16. ~s-~~-~and zoning c]assi~i~t!~n within a 1/4 mile radius ~am~esideHCial, R-~ and ~he scale df development {e.g. 2 ..~"B. FROJE~ DESCRIPTiOn{ ....... ]. Physical dimensions ud s~le of p~Ject (~ll in dimensions as appropriate) - a. Total contiguous acrea9~ o~ed by p~ec~ sponsor ~ tl - ' ' b. p~ject acreage developed: o acres tnilially; . ~J acres ultimately. ~ Project acreage to r~ain undeveloped ~ 7~ . - - d. Length of p~ject, in mites: <if app~ciage) .......... m. If project ts an ~pansion of. existing, indicate percent of ~ansion age ~ developed ac~age * .- f. }{~er of off-st~t parkJn9 spaces existing · ' ~ proposed g. Rax{~J~ vehicular trips generated per hour .~/~ (upon completion of p~ject) h. Xf ~sidentia]: H~Jer and type o~ housing units: In(rial i. If: Orientatien ~e/~hbarhaod-Ci ~y-Reg ional- E~t~mated ~plo~ent Ca~ercial {ndustrial _;;- J* Ta~a] height o~ ~]]est p~posed st~cture ~i~ Feet. · ' .- ."~-~ _.o~- 26. Approvals: a. Is any' Federal per~,~(t required? Yes ~/~ . - ' b. noes project involve State ar Feder~l fundin~ or f~nancing~ Yes ~ . App~vaI ~e~u~red Submf t:al Approval , ~.- · - (Yes, [~o) (Type) (Date} {Date) CitT, To~, Village Boa~ ..... City, Town, Village Planning ~oard " C{ty, T~n, :onin~ Board m~ ..... . City, County Health Oeaar~ent ~ ~ Other regional agenc~ ' Federal Agencies Attach any addil )arify your projept. If th;r~ ~ or may be any adve~e imaac and the ~asures which can be ~ken to ~itiga:e or a~fd PREPARER'S SI~(A~JR~: ~ - - -. - ..TIT~: / ~ '".~. ,ow much naearal ~ateria! {t~. ro~k, earm, Etc.) will be re~owd from the site - © tons '; ~ t ~ cubic ya How many acres of vegetation (trees, shrubs, g~ound covers) will be re~eved from site - ~ acres. '4. Wilt any me:are forest (over 100 years old) or other locally-imoartanc vegetation be removed by this project? Yes ~a S. Are there any plus for r~-vegetation to replac~ that re=eyed during cons:~ctionl ~es '~c ~.. If single phase p~j'ec:: Anticipated period of constr~ction /~months, {including demolition). . 't .7. I.f multi-phased p~jec:: a. Total n~ber of ~hases ~nticipated ' ~o. ' - · - ...... s .... ~ b. ~ticioat~d ~te of co,once,ant phase 1 mont~ year {includi~ ..... c. Approximate completion data final phase r~nth y~ar. .. d. Is phase I financially dependent on subsequent phases? .' Yes 9. ~ber of jobs generated: during contraction/~,' · after p~jecs is complete ~ . lO. Nu~Jer of jobs eliminated by this project ~ . .-' ll. Xill project require ~locatlon of ~y projects or facilities! Yes ~o. If yes, explain: l~. m. ~is surf~c~ or subsurface liquid wass~j~sGosal involved! Yes ~ndus~mal, b. If yes, )ndic~t~ typo of wasta (sewage, ~ ' ' ¢. If surface disposal na~e of strea~ into '~bich effluent will be dlscha~ed 13. Xill surface area of existing la,es, ponds, st~e~s, bays o~ othe~ surfac~ wa!e~ays be increased or ~ecre~sed b~ ~posal? Yes 14. IS project or any portion of project located in the lO0 year ~ood plain) ~es ~. ~es p~ject involve disposal of self,waste. . b. If yes, will an ~xisting solid waste disposal facility be used? ~Yes Re_ .."/'.. /- ~. If yes, give na~e: ~ ~ ~ ; location ~. ~ill any wastes not go into a sewage ~sposat systs~ or into a sanitary landfill! ~ Yes~ '16. Will project use herbicides or pesticides~ Yes ~Xo -- 17. Will project mu~nely ~duce OdOrS' (~ than one hour per day)? Yes ~o ~ 18. Will project produce oper~ting noisa exceeding the local ~bience noise levels) Yes ~ lg. ~(ll p~jec: r~sult in an )ncreasa )n ener~ use? ~Yes .No. If yes. indicate type(s) 20. If water supply is f~m wells ind(cz~e pumping c~p~city ~ gals/minuta. Zl. Total anticipated wa:er usage ~er day__~ gals/day. ~. Zoning: a. What is dcmnant toning cllssificaticn of site) ~z/ ~y/~. b. CurrenC s~ec(fic ~on(~g cl~ss)ficacien of site d. If no, indicate desired zoning 145 Lakeview Terrace PO Box 357 The Honorable Frank Murphy, Town Supervisor ;~ Southold Town Hall - Main Road Southold, NY 11971 Dear-Mr.~urphy.: ............................. ~'~ In mid-June, I returned from an extensive automobile trip to the Rockies. Upon my return, your letter of May 23rd was awaiting me.'I put it on hold as I wanted to ascertain the sta- tus of the Bay Avenue, East Marion water pipes, electric cables, .trenching project. I assume the Town now considers the pro~ect complete:as the contractor seeded the area on ~onday, July 1&th, and the Town sweeper went through the next day, Tuesday. .There,s a cgns~.erable amount of debris/containing/long sections ~/~ plastic ~ipe, brush~ and materiaL~ dredged f~om th~ i ke ~n ~e Town RO~ opposite $~e pumphouse./It has b~e~here for s~x ~6) weeks.~s the clea~-~p' t~e responsibility ~f the contrac~0r'or the ~own? There/is a sign whi6h says, "D~NPING- $50 FI~E" on the ~ame side o~the road to ~he so~th. ! I found your letter to be confdsing as you indicated you re xn receipt of my letter o~Aprzl ~2nd. Councilman Penny tel- ephoned on the evening of April 29th ~n response to my letter of the 29th which was also addressed to you. Councilman Penny advised me, in essence, that: 1. I should not expect any answers to the questions posed in my letters of April 22nd and 29th. 2. I should not believe what I read in the papers about the actions of the Town Board and the quotes of elected of- ficials. (Eve~ so, the articles in New~, the Traveler, and Suffolk T~mes have been interest-~g, sometimes amusJ lng and even pathetic.) 3. Inasmuch as I was not on Village water I would be so in a short time. (You indicated that Mr. Penny knew the area and the people involved. Mr. Penny did not know that we were on well water until I volunteered the information in our conversation. Protection of well water was the Eist of my initial memorandum of ~arch 1st.) I have ccme to the conclusion that I never had a problem re- lating to the trenching project. The Town has very serious prob- lems. 1 of 3 I have heard that the Town Trustees are concerned with road run-off into the tidal cree~s and propose to do something about it. The ~reeks have tidal action with the resultant flushing so that run-off does not exert its full impact. Mario~ Lake does not have that benefit. It is suggested that the Town Trustees inspect the run-off into Marion Lake since the trenching pro- ject for which they granted a permit. The drainage on the east side of Bay Avenue, south of Lakeview'Terrace, has now been di- verted to the bridge into the lake. This' has been so only since the project. For decades, the drainage on that side'of the road entered the area n~ar the pumphouse and ~eache~ into the soil. Road-~run-offand silt are now.~en~ering directly in~o the la,kc. T~e T?wn Wetlands Cede says something to ~he effect that silta- tion is 9ot~t~.be t~.r$~ult 9f a Project granted a permit. In a very snorz time silzammon will clog the waterway between the two sections of the lake and canoes, rowboats, and wildlife use that waterway. When can we expec~ action? In addition to the scenic beauty, the lake provides recre- ational boating and freshwater fishing. Most of the fishing is done f~om the east side of the bridge. I suggest that the Town Trustees visually inspect thedebris which was placed in the dredged trench. The debris comes so close to the surface that the swans must climb over it rather than swim through. The debris will be snagging fish hooks and monofilament line will be break- ing off. Monofilament line in the water is a disaster to wild- life:- muskrats, ducks, turtles, swans, geese, herons, egrets, and grebes which use theat area. I can't imagine the Code per- mitting debris to be used as a fill in a trench. A neighbor was informed that there was no way that a crahe ..... would be permitted on the bridge. Not only did the crane'cross, but it was on a transporter. There is no weight limit posted for that bridge. What is the weight limit for the bridge? You must remember that bridge was built before the big houses on Rabbit Lane. What was %he gross weight of the pre-cut lumber and trailer which crossed the bridge to go to Huckleberry Hill? What was the gross wei=oht of the cement trucks which poured on jobs on Rabbit Lane and Huckleberry Hill? Should the garbage truck which is at the end of its run cross the bridge? Should any of these trucks be permitted to cross the bridge? The E~%TFD has a policy of not permitting trucks to cross the bridge. In an emergency, there is no doubt of what they would do. The FD doesn't flaunt it~ others do. I suggest the Town inspect the bridge., which is about 60 years old,before there is a serious accident. A representative of the Underwriter's Office alleged that no yellow tracer was placed in the trench with the gas main, the wl'~e cables, and plastic water pipes between Lakeview Terrace and the waterfield. Our photo file does not indicate that it has been done. Which Town representative is responsible for inspecting the trench before it is backfilled? 2 of 3 On my trip West, I spent a considerable amount of time in "missile silo" territory in northeast Colrado, southwest Nebraska, and southeast Wyoming. It is barren~ it is desolate. One can still see the ruts of wagon trainS~ One may not see another vehicle for hours upon end with the exception of an Air Force patrol. I mem a pgstman whose cirguitous.route was 93 ~iies long on gravel and dirt roads to deliver mall to 45 roadside boxes from which one could not see a sign of a house or barn most of the time. As a reminder of civilization, every so often, one would see a sign~ XXXXXXXX COUNTY ZONING LAWS CODES STRICTLY ENFORCED For information Call xxx xxxx I had to consult a topographical map to ascertain the state in which the county was located. Were they fooling? Thinking of the Town of Southold, I called four (4) of those numbers. I told each I was presenting a hypothetical case and to be free to stop the conversation aT any time. I had a piece of property but that the water was con. taminated~ I had an option to purchase another less desirable~ piece of property ½ mile away with good drinking water. One must be mindful that one may own property, but not have the wa~er and/ or mineral righ%s thereto. ~ay I trench? What are the rules and regulations? What codes apply? What permits would be needed? Who and how often are inspections made? There are many buried natural gas lines which interconnect wellfields and buried silo sensors~ one just doesn't use a trenchin~ machine or a backhoe at will. In ali cases, one person answered all my questions. I was not put on hold or shuffled from one department to another. That person was the spokesr~n and there was decisiveness. You requested that I formally sign my memorandum of March 1st to identify myself and to assure you that I was serious. I did so~ I stood up to be counted. In reciprocity, I am awaiting you, the Town Supervisor, the highest elective post in the Town, for an- swers to my questions not only in this letter, but in the letters of April 22nd and 29th.~ May I hear from you in the near future? I am enclosing another copy of the April 29th letter for your file. c.c. Councilman George Penny Henry P~ Smith. President of Town Trustees Viotor Lessard, Exec. Admo of Building Department Ray Jacobs, Superintendent of Highways Mark ~iddleton, Pres. of Lakeview Terrace Rd. Assoc. 145 Lakeview Terrace PO Box 357 East Marion, NY 11939 April 29, 1986 Dear Southold Town Supervisor Frank ~urphy Town Councilwoman Jean Cochran Justice Raymond W. Edwards Councilman George Penny IV Councilman James Schondebare Councilman Paul Stoutenberg In the absence of any response to my memorandum of March 01, 1986 and to my letter of April 22. 1986 re~ Quality of Water and the Bay Avenue - Rabbit Lane Project and the unprecedented nature of the project, I suggest that the ~ow~ Supervisor and Town Board appoint an im~artia~ in- vesti~ator of the s~tuation. It is unprecedented~'that it is extremely rare for one project to involve trenching of 1200' of Town ROW on Bay Avenue to lay four (4) plastic water sup- ply pipes with an accompanying three (3) wire cable for each supply pipe and to cross a freshwater lake. Does one usual- ly permit %renching before all permits are in order? When the trenching started on Thursday, April I7th, I called the Highway Department to ascertain what was going on. I was told that the Highway Departmen~ did not issue trench- ing permits; that was a function of the Town Clerk's Office. A call to the Town Olerk's Office indicated that the permit did not indicate what was to be trenched and that there was a bridge intervening between the points of trenching, the wellsite on the Schimatz property and Rabbit Lane. What was approved to be trehch~d? Private water supplies are not usually located on Town ROW, Did not anyone say that this unusual and we should look into it? On page 3 of 4 of my memorandum of ~arch 1st, I stated that as of the end of January 1986 there was no DEC permit on file and that Town wetlands were involved. On page 4 of 4, I asked if consideration would be given to driving pipe under under driveways and Lakeview. Terrace entrance. The purpose was to not inconvenience the residents; it would also provide a sleeve. The project was ramrodded and no sleeves were laid. I understand that is one of several violations. In response to my memo, Nr. Lessard, Exec. Adm. of the Building Dept., responded to Supervisor Murphy on March 7th stating that plastic pipe as a source of water supply is not permitted by law. A copy of ~r. Lessard's memo was routed to the Highway Department and the Trustees. That was Narch 7th. I received a copy through Supervisor Nurphy on April 19th. ~ of 3 In the light of that information on r~arch 7th, how could one authorize trenching with plastic pipe on April 7th? How could one authorize trenching knowing that Town · V wetlands were l~ olved and there was no Town wetlands per- mit? Er. Lessard's memorandum and mine indicated that wet- lands were involved. Was it foreordained at that point a Town wetlands permit would be issued? I can well ~imagine the hullabaloo and law suits if a 'contractor tren~dhed for two (2) miles and then was de- nied a permit come this project started before ; ~ issued? There would be no problem at this time if the Rabbit Lane Association had granted~ fou2 (~1 more hook-ups to its from add'ltlonal' Rouses will break the lake's back. How much is too much? Who is going to or is in a po.si.tio.n to take a stand? I do not live on the lake, but I Visit it at least twice a day. The lake used ~to bounce back from road runoff and debris, but no more. tt seems incongruous that the Dowd - Schimatz property on the lakeside of Rabbit Lane is filled in wetlands. Several years ago, fill was dredged from the lake with a crane and a buckem. It was legal at the time. Fill could have been trucked in, but it was easier ,~0 rape the lake. ~orally, the residents on th~ north lakefront thought it was wrong, but... The wellsite on the Schimatz property is on property con- siderably filled in over the past three years, possibly wet- lands has been involved. Filled in site to filled in site: How closely has the Dowd - Schimatz property been in- spected for plants indigenous to wetlands by the DEC, the Tow~ Trustees or the Building Department? Are there no wet- land plants within 75' of the almost completed Dowd house? I say "almost" as it is apparent it needs to be backfilled. Who makes the inspections ~and reports to whom? Verbally or in writing? Who coordinates the information? It has been alleged that"yellow markers" are missing in the trench. Who~ inspected the trench before backfilling? Before backfilling a house basement, the Building Depart~ ment makes an inspection. What other violations are buried in the trench? 2 of 3 Why are four (4) plastic water supply pipes needed to supply four (~) houses with water in a trench on Town ROW, whereas the Rabbit Lane Association has been using one (1) pipe to supply several homes? In the light that the Rabbit Lane Association galva- nized°water supply pipe was replaced approximately four ($) years ago without a DEC permit and with severe dis- turbance to the w~nds and the lake bottom and the Rabbit Lane Association ~ue~bers have had no problem with water sup- ply, I strongly urge that the pipe remain undisturbed. In my estimation, the Bay Avenue project is ill con- cieved and there are alternatives other than disturbing the lake; that Town, County, and State agencies and de~partments have not interagted ,with one another; and that no o~e person or elected/appointed body has been given the ,authority to approve a project of this nature. A person or a department has the authority to approve part of the projects but there is no one person or agency to determine if the parts f~it together. The Suffolk Times article and local gossip are genera- ting Terms associated with the project: "passing the buck", ineptness, incompetence, arrogance, "COA", assessing blame, lack of coordination, insensitivity, and crisis management. If this project has so many faults on land, how can it even be considered in the water? In a project of this type and scope, there must be a public hearing. Its nature will have an impact on the Town. It may be that the Public Service Commisssion and the Suffolk County Water Authority should be involved. Sincerely yours, Frank Heroy 6/ c.c. Mr. Henry P. Smith. Pres. of Town Trustees Town Trustees Mr. Paul Ponturo, Suffolk County Health Dept. Nr. Dennis Cole, 0EC Mrs. Judith Terry, Town Clerk Mr. Victor Lessard, Building Department Mr. Ray Jacobs, Highway Dept. Mr. Mark Middleton, Pres. of Lakeview Terr. Rd. Assoc. Mr. Tim Gould, Suffolk Times 3 of 3 155 Lakeview Terrace ~ ..... PO Box 357 ....... ' .... East Marion, NY 11939 / April 22, I986 Deaf'Supervisor Frank Murphy: Councilwoman Mrs. Jean Cochran Justice Raymond W. Edwards Councilman George Penny IV Councilman James Schondebare Councilman Paul S%cutenberg Exec. Adm. Victor ~essard, Building Dept. Supt. Ray Jacobs, Highway Department Pres. of Town Trustees, Henry P. Smith Southold Town Clerk, Judith Terry m=~.~ TO'~ Supervisor and the scenario based upon rumor and a ~act on Thursday morning, April 17th. Between Thursday and Friday afternoon, four (57 pieces of plastic pipe and four (~) sets of 3 wire cable were placed in a trench on Bay Avenue in E~st Marion. The trench was dug between the four (5) well connections on the Schimatz- Schmidt property south'to Lakeview Terrace and baokfilled. The Town Clerk's Office, not the Highway Department as I had originally presumed, has issued a permit for Gary Tabor to dig. a trench on. th~ east side of Bay Avenue in the ROW from the Sch%matz - Schmidt property south to Rabbit Lane, a distance of aPProximately 12'00 fe~t. A trench is then planned to run 150 to 390 feet east on Rabbit Lane to specified pieces of nronertv. It is a run of approximately } of a mile f~om a good=qu~lit~ water source to ~roperty which has had s91t water intrusion for at least forty. (47)years.~ That is my primary concern. In the Boa~d'~ prese4ta~i~n of the Master Pla~, it ~as pointed out that fiv~ (5) ac=e Zoning was necessary south of Route 25 in 0rlent to preven~ or to decelerate salt water intrusion to the property._Are yoM being consistent and fair if you permit the P ~ · ~ .......... p-~ ..... a.:_ y_u d=d not p_esent it as an alternative to f~ve (~) acre zoning? Are you not encourgging people to purchase property on the east - west center line of the North Fork fbr the water.rights to be sold or leased rather than home develop~ent?.You will be enoguraging a hodgepodge of small ~nd large, individ~al and c~mmunity water systems, hopping o%eP ohe~lan~ther, a~w~ys i~l~nd to secu~.e a ~ource of cl&an water. A'chaotic situation is arising in the zmmedlate future. ..I resented my going to the Supervisor's Office on Friday aftern6on, April 18th, to sign my ~arch 1, 1986 memorandum to indicate that it was my memo. and I was serious. My name and ad- dress-were thereon and could have been checked by a telephone call. I felt insulted and I am even more serious about the me- chanics of the situation, From telephone conversations on Thursday and Friday of par~ment to obtain the answers, but I · De- partment earlierto be informed ' is- sues .trenching permits.. I asked that there was no notation, that r cause a problem. a of March 1st, I indicated that no DEC app [1 as of the epd of January and that Town wetlands are involved. The DEC permit is in the name of the Rab- bit Lane,Association, the trenching permit - Gary Tabor, the Town: wetlandspermit application - Gary Tabor, a~d ipheB~a~ of Health. permit - Schimatz or Dowd or ?. It is con~usLlng. In Mr. Lessard',s memo of March ?th, he stated that plastic pipe was not permitted by law. 1. Why was the contractor not informed that a Town wet-._ lands permit was needed in addition to the trench- ing permit? 2. Did the Town know or care that a DEC permit was issued? 3. If the March 7th Mr. Lessard memo stated that plas- tic pipe was not legal, why was not th~ contractor informed? (When I questioned phis on April 21st, it was for the first time. It zs legal.) 4. I am still waiting to hear if a performance bond and proof of liability insurance are required? 5. If plastic pipe and electric cable are to be placed in the same trench~near a g~,s main, what .are the Town specifications? 6. Who is the engineer or electrician or plumber of record? 7. Why aren't sleeves necessary around buried pipes and wires under driveways and roads? I believe Southold is the only town exception on LI. 8. Why was it a surprise for a Town representative to discover not one (1), but four (4) burmed plastic pipes and four sets of cables? 9. Do the plastic ~ipe and cable meet Town specifi- cations for burial? 10. Were the plastic pipes and cables trenched and buried to the satisfaction and requirements of the Town? il, Will ~ere~be noom.in the ROW in the future to run individual water line~ and cable from !each house on Rabbit Lane, Lakeview Terrace, Cozee Cove, and all °ther housesto a water field north of all the houses on and adjacent to Bay Avenue? Will Gardiners Bay Estate be ~ext? I, am still concerned with the water connection boxes pro- truding above ground, not all, but some, on the east ROW south of the bridge. Liability insurance is a g~owing problem. I am concerned with a wetlands application even being con- sidered at this time as muskrat houses are in the north bank of the Lake near the bridge; it is breeding season. There is also a mallard hen nesting in the same area to the east. The swan has been sitting on her nest on the east side of the lake since Palm Sunday. With an incubation period of 36 or so days, the cygnets are due this month. There should be no activity to frighten the cygnets, the ducklings, and the muskrat young. Evidently, it is relatively easy to obtain a trenching per- mit compared to my ordeal and thoroughness when I applied for a six (6') foot fence permit. Does the Town intend to grant permission to anyone who has salt water intrusion or to subdivide a plot so there are no fresh water privileges as on Rabbit Lane to hook up to an inland wellpoint as long as one can trench on Town ROW or private land? Since my memorandum of March 1st took seven (7) weeks, forty seven (47) days To receive a copy of Mr. Lessard's memo from the Supervisor, may I expect a prompt reply to this letter? eroy ~ C.C, Mrs. Ruth Oliva, Town Water Committee ~Mark Middleton, Rresident of Lakeview Terrace Road Association TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR - P.O. BOX 728 TOWN HALL SO.HOLD, N.Y. 11971 TO: Supervisor Francis Murphy ~,~ FROM: Exec. Admin. Victor Cessar~ SUBJECT: Frank Heroy memorandum Zn the general *ex~ of this letter and ref- erence so green scum (algae) forming e~c., I don't believe the ~ownsbip has a depar~men* within it's framework that could determine the causes for such a condition. As for new construction on Rabbit Lane, Z am very well aware of the frail wa~er table in that area. What the public muss realize is that if all necessary permits (including the Health Dept., the controlling factor where wa~er is involved) are ob- taYned; then we are reduced to zoning and construc- tion control only. I will try and address his listed concerns and hope they will be of some help ~o you. 1. Four years ago (before my time) Rabbit Lane Association replaced galvanized piping with plastic. .t would have to assume it was pre- existing ~o be there in the firs~ place. As ~o replacing, I am sure the Town Board (who had that responsibility at that time) was never made aware that such a thing was hap-' pening. The second thing that crosses my mind, is, if this plastic pipe is being used as a source of wa~er supply then, as of ¢his date, ~t is no~ permitted by law. 2. Concrete wa~er connection boxes in the towns R.O.W. have to be cleared by the Highway SuF- ervisor. As ~o liability, the Town Attorney is the best source for determination. 3. Again brenching across cown roads require Town Highway approval Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITtt T. TERRY TELEPHONF TOWi~ CLERK {5~.61 765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TO;¥N OF SOUIHOLD September 29, '1987 Mr. Francis A. Heroy 145 Lake¥iew Terrace P. O. Box 357 East Marion, New York 11939 Dear Mr. Heroy: Superintendent of Highways Raymond Jacobs transmitted your letter of September 28, 1987 to me for response. In' answer to your request for the latest engineering report on Bay Avenue, East Marion bridge, the same is enclosed herewith. The cost for this record is seventy-five cents ($.75), which you may transmit to this office at your earlie§t convenience. In answer to your recluest for repair records to this'bridge for the past 30 years, neither Mr. Jadobs~ office, nor this office has any records to this effect, therefore are unable to produce same. Very truly yours, -- Judith T. Terry Southold Town Clerk Enclosures cc: Supt. of Hwys. Jacobs SOUT}I0[D 1~', ;~ 1 ;.'/(. · r ~ ~[~ NEW YORK STATE DEPARTMENT~OF ENVIRONMENTAL CONSERVAT ~::]J~JJJ~ ;CILITYFP, ROGRAM NUMBER(,: PERMIT EXPIRATION DATE~sJ ~ :c~,~,~)%uR~)~[u~ Under the Environmental Conservation Law December 31st, 1986 J~Article 15. Title 5: [-]Article 17, Titles 7. 8: SPDES __ [--]Article 27, Title 7: Protection of Water [--[Article 19: Solid Waste Management [--]Article 15, Title 15: Air Pollution Control [--JArticJe 27. Title 9: Water Supply ~lArticJe 23, Title 27: Hazardous J--lArticle 15 Tide 15: Mined Land Waste Management Water Transport Reclamation ~]Article 34: r-]Article 15. Title 15: ~]A~ticJe 24: Coastal Long Island WeJ s Freshwater Wetlands Erosion Management [~ArticJe 15. Title 27: J--JArticle 25: [--IArticle 36: Wild, Scemc Tidal Wetlands Floodplain Management and Recreational Rivers r--lArticJes 1. 3, 37; 6NYCRR 380: J~6NYCRR 608: N--Ne,~ R--Renewal, M--Modification Radiation Control Water Quality Certification C-Construction. O-Operation, (If Applicable) PERMIT ISSUED TO RaBbit Lane Association ADDRESS OF P£RMITTEE 19 East Mall, Plainview, New York 11803 Charles Luscher (516) 643-5800 NAME AND ADDRES~.OF FACILITY If different from Perm tree. N/A ' '- LOCATION OF PROJECT COUNTY TOWN/CITY/VILLAGE UTM COORDINATES Marion Lake .- - Suffolk Southold DESCRIPTION OF PRO]EC/fFACILITY Re-install 2" diameDer wader service to be underground and under the bottom of the lake, as per the plans submitted. GENERAL CONDITIONS By ~cceDtance of this permit, the permittee agrees that the permit is contingen! upon strict comDJiance with the ECL. all applicable regulations and the conditions specified herein or attached hereto. PERMIT ISSUANCE DATE [ PERMIT ADMINISTRATOR ADDRESS Bldg 40 Sg~ 3.Dom 219 ove~ber 22nd, 1985 C~arles T. Hamilto~ Stony' Brook~' .New' York 1179& AL CONDITIONS FOR ARTICLES 15 [Title 5), 24, 25, 34 and 36 { ~ ~ ute operations by the State of New York require an &h 14 Any ntateria] dredged m the prosecution of the work here~perm~tted ~ in the position of the structure or work herein autho.zed, or shall be removed evenly, without leaving large refuse piles, .dyes across .n the open,on of the Department of £nwronmental Conservation the bed of a waterway or floodplain or deep holes that may have a ~t shall cause unreasonable obstruction to the free navigation of said tendency to cause damage to navigable channels or to the hanks of waters or flood flows or endanger the health, safety ,or welfare of a waterway. the people of the State, or cause loss or destruction of the natural 15. If any material is to he deposited or dumped under this permit, either resources of the State, the owner may be ordered by the Department to in the waterway or on shore above higk~water mark, it shall be deposited remove or alter the structural work, obstructions, or hazards caused pt dumped at the locality shown on the drawing hereto attached, and, thereby without expense to the State, and if, upon the expiration or Jf 5o prescribed thereon, within or behind a good and substantial revocation of this permit, the structure, fill, excavation, or other bulkhead or bulkheads, such as will prevent escape of the material modification of the watercourse hereby authorized shall not be cpm- into the waterway. pieted, the owners, shaH, without expense to the State, and to such 16. There shall be no unreasonable interference with navigation by the work extent and in such time and manner as the Department of Environmental herein authorized. Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable 17. If granted under Articles 24 or 25, and if upon the expiration or and flood capacity of the watercourse. No cJaitn shall be made against vocation of this permit, modification of the wettand hereby authorized the State of New York on account of an~ such removal or alteration, has not been completed, the applicant shall, without expense to the That tne State of New York sha~] in no case be liable for any damage Department of Environmental Conservation may reou~re, remove all or or m'u~' to the structure or work herein authorized which may be caused any Portion pt the uncompleted structure or fill and restore the site nv ar result from future operations undertaken by the State tot the co its former condition. No claim shall De mane against t~e State of SPECIAL CONDITIONS Supplementary Special Conditions .,. (A) through (J), attached; Addicional General Conditions ... 20) All sectmons of old iron pipe shall be removed and disposed of ac an acceptable upland site. 21) All disturbed areas shall be immediately seeded with wild millet. 22) The re-installation of the pipe nnder the boo:om of the lake shall ca6se as little distnrbanca co the bo~om as possible. cc: Louise Harrison, 10-85-0615 Re~ion One Page 2 of 5 26. Approval is he~reby given for the maintenance and continued operation of the waner supp system now is existence. Water from this sysnem may only be supplied ~o existing sharehold as shown on "Water System Layoun," dated April 1st, 1985, forming a part of this applicatio Any future addinions or modifications to the sysnem require a further permit from the Depar 27. The Deparnmenc of Environmental Conservation reserves the right to reconsider this approval at any time; and after due notice and hearing, at that =ime to continue, rescind, modify this decision in such a manner as may be found to be just and equitable. cc: Doug Picha, hrfSDEC Paul Pontoro, SCHD Ai~{a~e Regional/~ ~- I ~,f Bldg. 40, SLrh~Y, Room 219 ~,T~D'.~,~.~roK.~t~ '-?-~--~,-u~ ,~OD~$S Stony Brook~ New York 1179~ Charles T. Hamilton East_ Mario~ _ t Southold Suffolk ' -- ~ovember 22nd, 1 GENERAL CONDIT1GNS HENRY P. SMITH, President TELEPHONE JOHN M. BREDEMEYER, Vice-Pres. ¢516) 765-1892 PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold. New York 11971 July 25, 1986 Mr. Charles Luscher Rabbit Lane Association 19 East Mall Plainview, New York 11803 Re: Bay Avenue, East Marion, New York Dear Mr. Luscher: It. has been brought to our attention that there is some debris in the lake by the bridge on Bay Avenue. Please have this area cleaned up at the earliest possible date. If you have any questions regarding this matter, please do not hesitate to call this office at the telephone number listed above. yours, Henry P. Smith, President Board of Town Trustees HPS: ip cc: Mr. Frank Heroy Town Board Victor Lessard, Admin., Building Dept. Raymond Jacobs, Superintendent of Highways Ted Dowd Garry Tabor Trustees file RESOLUTION ~ October 30, 1985 RESOLVED that the Southold Town Trustees declare itsslf lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Mr. Ted Dowd for a Wetland Permit on certain property located on 350 Rabbit Lane, East Marion, New York. 145 Lakeview Terrace PO Box 357 East Marion, NY 11939 September 28, 1987 Mr. Ray Jacobs, Superintendent Town of Southold Highway Department PeconiC Lane Pecon~c, NY 11958 Dear Mr. Jacobsz Pursuant to the Freedom of Information Act, I request access to copies of, 1. the latest engineering report on the Bay Avenue,. East Marion bridge. 2. repair records to same for the p~st 30 years. 'n If there are any fees for searching or copyz g the records and these exceed $20, please inform me before filing the request. If fees are $20 or less, I agree to remit. If you are unable to file this request within the pre- scribed time provided by statute, notify me of the reasons and advise me when I may expect the information, If you'deny this request, please ciSe the specific exemption and notify me of the appeals procedure, including time limitations.' If you have any questions, I can be. reached, at 477 1925. Sincerely,. ~ , / Francis A. Heroy ~' SIDNEY B. BOWNE & SON Chester C Kelsey, P E.. L.S. 45 Manor Road Francis J Lynch no~. A S~a.!o~ P.E Smithtown, N.Y. 11787 Joseph FSIPgman aobert W Brow~ L.S (516) 724-O611 "~' ~ S, ..... September 29. t987 Ray Jacobs, Supt. of Highways TUriN OF SOUTHOLD Peconic Lane Peconic, New York 11958 Re: Bay Avenue Bridge, East Marion, Town of Southold, New York (SBB No. 87D51) Dear Sir: AS we discussed today, our report of 6/18/87 represents several alternatives 'for reconstruction of the Bay Avenue Bridge. In addition to these 2 alternatives several of these alternatives were explored and were found to be unsatisfactory ano only short term type solutions. The recommendation of Alternate "C-2" is a long term solution ~o the problem and most economically founded. One of the major considerations a~fecting this projects costs are poor soil conditions in the area ot the bridge foundations and must be taken into consideration during all alternative evaluations. Very truly ~ours, SIDNEY B~ & SON ~ ROgERT ~ BROWN, L.~. ~ RWB:clg cc: Ray Dean (SBB) Encl: Letter dated 6/1~./87 MINEOLA · 8MITHTOWN · NEW YO~K OlTY SIDNEY B. BOWNE & SON Chesler C Kelsey. P.E.. L.S. 45 Manor Road Rober' A ~tanton, P.E. Smithtown. N.Y. 11787 R~,, w ~ ,ow,. L.S (516) 724-0611 ~,o~ R. ~,,~o,. L.S. 3une 18, 1987 TOWN OF SOUTHOLD Highway Deoartment Peconic Lane Peconic, New York 11958 A1tention: Ray Jacobs, Supt. of Highways Re:Bay Avenue Bridge, East ~larion, Town of Southold, New York (SBB NO. 87051) Dear Sir: As requested, we have reviewed the Bay Avenue Bridge and report our findings as follows: A. Introduction 1. In December, 1986, the bridge was inspected, measured aha photographed. 2. ~est borings were made and soil samples obtained. 3. Overall maps were were consulted regarding hydraulic considera- tions. 4. This report summarizes our initial findings and recommenda- tions. B. F~ndin~s 1. The bridge is narrow by today's standards. Roadway of 18'~ would be approximately 24' if constructed today with additional width to provide for pedestrian access. _ '~/73 - MINEOLA - SMITHTOWN - NEW YORK CIT~W~CLEARWATER 2. The abutments are badly cracked due to settlement and TroUt action and their performance is questionable. They appear to nave been repaired several times in the past. 3. Fortunately, the watersheds contributing to each side of the bridge are about equal so that scour does not pose a signifi- cant problem. 4. 7~e water main on the side of the bridge needs to oe replaced and supported properly. 5. The bottom of the bridge deck requires extensive repair and the bridge railings should be replaced. C. Alternatives 1. One alternative would be to construct a new bridge with improv- ed geometry. This would involve closing the crossing to traffic for a perioo of at least four months and possibly longer. For budgeting purposes this alternative would cost about $300,000. The expected life of such a structure, with reasonable maintenance, should De over 50 years. 2. Alternatively, the existing bridge could be repaired and rehabilitated by transfering the abutment road to a new support system and restoring the superstructure. This alternate would be designed so that it could be used for later replacement of the bridge deck with one of greater cap. acity. Such a solution would cost about $170~,000 for budgeting purposes. This alter- native could keep the bridge in service except when work was actually in progress. This solution would not improve bridge geometry at this time but could extend the bridge life by approximately twenty years and longer if it is 'decided to replace the bridge deck. ' SBB No. 87051.~' - 2. D. Proposal Based on our discussions, we propose that the best interests of the Town are served by implementation of Alternative "C2" which is based on reconstruction of the bridge.' As per your instructions we will prepare preliminary designs for your review and approval. Upon your approval, we will prepare contract documents so that the ~own may receive bids on this $ improvement, i We look forward to discussing this matter with you at your ~ convenience, y .Very truly yours, SI~BOWNE & S~ coNsu L.T~ii~ G ENGI NEE~S~ ROBERI W. BROWN, L.S. AWM/RWB:cl§ ~ Encl. (Photograohs 1 thru 11) SBB ND. 87051 P,O. Box 754 =_ast Marion. L.l., New York 11939 J~ly I~, 1987 ~e Rabbit Lmr~ Aasocigtio~ of ~a~ >l~ke beneath ~e b~iage~ iy Lakeview Terrace Road Association P.O. Box 357 East Marion, NY 11939 September 29, 1986 Dear Town Supervisor Frank Murphy Councilwoman Jean Cochran Councilman Raymond W. Edwards Councilman George Penny IV, Jr. Councilman Paul Stoutenberg Town Clerk Judith Terry Admin. Exec. of Building Dept., Victor Lessard ~upt. of Highways, Ray Jacobs Pres. of Town Trustees, Henry P. Smith To~ Attorney, Robert Tasker Tha~for the opportunity to discuss the Bay Avenue- Rabbit Lane project and problems on Tuesday, September 23rd. The Association members accept our mutual agreements: 1. The silt shall be removed from under and near the bridge. 2. The drainage slope on the east side of Bay Avenue south of Lakeview Terrace and to the bridge shall be corrected. 3. The trenched area on the eas~ side of Bay Avenue shall be sodded to deter further siltation of the lake and to restore the area to its original condition. ~. The weight limit of the bridge shall be posted at 8 tons and shall be enforced. Mr. Jacobs and I made an on-site tour on Friday morning, September 26th. Of paramount concern is the severe damage to the southwest underpinning of the bridge. The consensus among the membership is that the points agreed upon should be carried out in a matter of days, not weeks or months. Please remember there has been dawdling, waffling, alibis, and excuses for the past Two months. Your anticipated cooperation is deeply appreciated. rank Heroy. ~Sec~ary cc Councilman James Schondebare Members of the As~Oc~ation ,OAgB Or TOW~ TgUSTE~S 53095 Main Road Phone 765-1892 ~uthold, N. Y. 11971 Da[e BOARD OF TOWN TRUSTEES Cash q Check ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ..... ~.r-. .... .,?. ...... To..77.~7,2...~q..w. :~ ................ .... .j...O.o. :..~..o. ~<9...-..N..,...Y.; ........ PLEASE TAKE NOTICE that your application dated .... ~./..3~.~..~. ~../. ~ 19. Location of Properw ...... -~..-~! .......... ~/~/~.~ ....... .~.... ~ ...... ff../'.O~...'!. House No. Street ~9 Harnle~ County Tax Map No. 1000 Section .. ~../'. ........ Block .../~ ....... Lot .4~. Subdivision -- Filed Map No ................ Lot No .................. is returned herewith and disapproved on the following grounds/~. O.Y..~.... ~'/~..~.47~..Q.~. · ~ ~ .~6...~ .... ~ z. Zzr_~..~-..m... z.¢.~...~.. ~ .~....3~..~,~ - ~g..~..'T.."~'~... ~...,~,,~,,:.:. ~....-....~.,..~.~e~.,v.?.. ~.~ ~-~'e. w. .C'~.~-o~.~...~ .~../..Y.~>a.....~. ~.... 7.q¢. :.z.~ ~..'..~.. r. C:.. ......... ..,:4xcr...~.. ~ ........ ~.. ,~e~-~. ....... ~...o?~. · ~/~.~,.i.o..o.-:.$1. "7-.,~ ~'-' -- ~ ~./~. .,.~. ~ ~.,~. .~ . . l~, , ~ ~ . .~--~. ,do.c~. ~ . ~.~. . 7-~. ..,~..~./...:~_~ .... ..~.c.. ~.,v~..-.,..<y:..~...~.:..~ .............. ~... Building Inspector RV 1180 To: Pres. Henry P. Smith RE: Wetlands Application Board of Trustees~ Southold Town No. 319 Southold, NY~ 11971 Fr6m~ Ted Dowd ~'~'~ Box 282 Rabbit Lane East Marion, NY, 11939 Phone: 477~,2402 Sept 27, 1986 Dear President Smith~ I am writing in reference to my application for which a Public Hearing ~as held on August 28, 1986. My intent is to state the facts as clearly as possible and respond to Mr. Frank Heroy's letter of Sept 3, 1986 to the Board, At.the Public Hearing Mr~ Hero5~ was the only citizen to complain against the application. No residents from %he immediate area voiced objections. The Chairman of the Conservation Advisory Council (CAC) objected on environmental grounds. I pointed out that the environmental factors and CAC input were considered at the previous meeting where the Board voted unanimously that the application had a non-significant environmental impact. The President of the North Fork Environmental Council (NFEC) objected to building three homes on the property~ and I stated that the application was for only one home, The NFEC made a lengthy input to the New York State Dept of Environmental Conservation (DEC) which was considered before granting a DEC permit. Mr. Heroy's input at the hearing was that the application shouldn't be approved until the depth around the Bay Avenue bridge was deepened to which I replied that the depth one year ago measured 20~. One week later Mr. Heroy, now representing the Lakewood Terrace Road Association~ sent his letter to the Board. It should be noted that conflict between the residents of Lakewood Terrace and Rabbit Lane has been in existence for years. The center of conflict has been Obstructions to the view of Gardi~ers ~ayf from Lakewood Terrace first with lights left on along Rabbit Lane at night that interfered with the view and later by trees that grew and homes that were built there, Paragraphs one through four of Mr. Heroy's letter address silting, debris and safety at the Bay Avenue bridge. Residents who have been in the area since the 1920s remember silting to be a problem. With regard to debris, the contractor has returned to the site several times to grass~ fill and cleanup the area because of heavy rains. I met with the contractor and Mr. Luscher to insure satisfaction by the Rabbit Lane Association and personally observed the contractor up to his shoulders in mud and silt at the bridge cl~anlng out debris. Mr. Luscher was satisfied with his actions. In reference to safety the Superintendent of Highways had the Bay Constable check the site and was satisfied with conditions at the bridge including its safety. The Chief of the East Marion Fire Dept stated that fire vehicles observe normal weight restrictions for the bridge but all vehicles cross when required. Since no residents on the bay side of the bridge use the school system it would seem reasonable to not have school buses cross the bridge. Paragraph five of the letter states that the use of inland wells for the home in the application was a concern for the future quality of %he 13 wells of the Lakewood Terracehomes. The Suffolk County Health Dept required the recent improvement i~ the Rabbit Lane water system %o alleviate the drain on the acquif~3~ atth~ Rabb±tLanepumping station. Since the~a/mping station is adjacent to the imkewood Terrace homes the new well ~field improves cendi%ions for them most of all. In reference to Mr. Hetty, s claim as to addressing the impact on-%he area, that was done after, extensive investigation by experts at DEC, several meetings at higher levels of the Health Dep% and by the Board of Trustees. No other home in the entire are, including Lakewood Terrace, has~'be~n s~bmitted to such close scrutiny, FinaIty, Trustee Larsen cast a negative vote at the August 28, 1986 hearing stating~ "..,.Only because the house was within 30' of Gardlners Bay.;.." The application was approved at 19' from Gardiners Bay by %he DEC because it was the mean distance from the bay of other homes in the area~ The home would have a 10' deck which places it 29' from the bay. I would be glad to place the home 30' from Gardiners Bay with a further~restriction that the deck be no further than 10' in front of the home if this will satisfy Trustee Larsen. t realize the demands placed upon the Trustees and do not wish to burden them further. If, however, there is an~thin~ to be done to alleviate problems or clarify my~statements I would be glad to meet with the Trustees individually or as a group at their convenience. Tharnk you for your time and patience. Sincer~e~ 2 Lakeview Terrace Road Association P.O. Box 257 F2st Marion, NY 11939 September 03,1986 Nr. Raymond Jacobs, Superintendent Southold Town Highway Department Peconic Lane Peconic, NY 11958 Re, Bay Avenue Project Dear Mr. Jacobs: At the membership meeting of the Lakeview Terrace Ro~d Association on August 31, 1986 many topics were included in the discussions, but of paramount foci were the physical condition of Bay Avenue, the siltation under the bridge, and the lack of a bridge weight limit sign. It was resolved that the following points were to be brought to your attention, 1. The east side of Bay Avenue is an eyesore for a project which ~tarted as long ago as April l?th with relatively no activity since Saturday, August 2nd. A. The drainage from Lakeview Terrace south goes onto the bridge which was not the case heretofore. Silta- tion of the lake has resulted. The contractor has ac- knowledged this by.returning at least twice in July and August to replace washed away soil. The s6il ran down the east side of the road, onto the bridge, and into the lake. The wa~er opening under the bridge has been re- duced from 12' 6½'' to 6' 6''. A boat can no longer navigate under the bridge. The Association expects the right of passage to be restored. What the hurricane of 1938 did not do, man did! B. The entire project gives a slipshod appearance. C. At least one house water connection box and the large water connection box at the southeast corner of Rabbit Lane and Bay Avenue project above the surface of the ROW of Bay Avenue and are a hazard. D. Debris was left in the lake E. A trench was cut in the blacktop of the entrance to Lakeview Terrace. Common courtesy by the contractor would indicate patching immediately. I of 2 F. An inspector for the Board of Underwriters Lab in- ......... dicated that the yellow marker or ribbon had not been buried with the electric cable in the trench. This can lead to a dangerous situation in the future as part of the run contains a gas line with the water pipes and electric cable. When may we expect the contractor to restore the ROW to its original.or better condition with the proper drainage, toremove the debris and silt from the lake, and to assure everyone all codes have been met? 2. The members of the Association are concerned with the safety Of the bridge which was built over 60 years ago to serve a few cottages. Inasmuch as East Marion Fire Depart- merit Policy bans the use of th bridge by mts vehicles and yourdeparment has advised the Superintendent of Oyster- ponds School District, Mr. Charles Woznick, not to use the bridge for school transportation, it is ,eadily apparent the bridge is unsafe for large vehicles. .... The State has posted "NO TRUCKS WITH R PERMITS" on ei- ther s~de of the Dam Pond and the Greenport railroad bridges. What is to prevent one of these rigs coming out _~ She LIE onto the North Road onto Bay Avenue and across the brmdge. - The Association~ that the weight limit sign for the bridge be posted again and the regulation enforced. An accident on the bridge through failure ~f same could cause serious injuries or fatalities and would have a catastrophic impact on the lake and wildlife. We know that you have conducted personal on-site inspections an~appre~ate it. ~-. - Sincerely, ........... ~ ....... Fr~uk Heroy, Secretary 6b~'The ~To~ Trustees The Town Supervisor and Town Board Dr. Martin Garrell, CAC Mrs. Ruth 01iva, North Fork Environmental Council Mr. Walter Gaipa, Chief of EMFD Mr. Charles Woznick, Superintendent of Schools Mr. Gary Tabor, Contractor Mr. Ted Dowd Mr. Dennis Cole, DEC Mr. Norman Woodcock, President of the Association 2 of 2 Lakeview Terrace Road Association P.O. Box SS7 East Marion, NY 11939 September 03, 1986 Board of Town Trustees Town of Southold Town Hall Southold, NY 11971 Re, Bay Avenue Project, East Narion Ted Dowd Application Dear President Henry P. Smith Trustee John N. Bredemeyer Trustee Philip Goubeaud Trustee Albert Krupski, Jr. /Trustee Ellen N. Larsen ~ At the Annual Neeting of the Lakeview Terrace Road Associa- tion on Sunday, August 31st, it was resolved that th~ following points be brought to the attention of the Board of Town Trustees in addition to the remarks made on behalf of the Association at your August 28th meeting~ 1. The piers on the Bay Avenue bridge are approximately 15' 7½'' apart. For decades until Nay - June 1986, open water under the bridg? has remained at approximately 12' 6½''. The passageway at this date measures 6' 6'' with a slope from 0 to a depth of 23''. That is a less of 6' 1'' in width in ~ months er so. The Hurricane of 1938 did not wreak devastation of that type. Nan did! 2. The residents wish to have their right of passage and access from the east lake to the west restored. 3. Inasmuch as the President of the Trustges wrote to ~r. Luscher on July 25th, five weeks a~o, relative to debris by the bridge in the lake, what has been done? 4. Inasmuch as East Marion Fire Department Policy bans the use of the bridge by its vehicles and the Highway Department has advised Oysterponds School Superintendent Charles Woznick not to use the bridge for school bus transportation, the message is loud and clear that the bridge is unsafe for large vehicles. Our Associa- tion recommends that the weight limit of the bridge be posted again and that the regulation be enforced. An accident on the bridge through failur~ of same could cause serious personal injury or death and could have a disaster~us impact on the lake and wildlife. I of 2 %.. As the proposed application of Ted Dowd is of no positive benefit ~o improve t~ e~Vtronment of Rabbit Lane,'MarionLake, or th~ t~e AssoCiation recommends that the application~e denied, potable water thereon, it mdst be pumped .3 wells of the Association members which is a-concern for the future quality of our water. Thattopic I have be~n selected by the Assocmat_on to conduct any on-site tours if you wish. Thank you for your anticipated close scrutiny of the situ- ation. ~~r · ~ary cc: Mr. Raymond Jacobs, Supt. of Highways Town Board Mr. Gary Tabor, Contractor Mr. Ted Dowd Dr. Nartin Garrell, CAC Mrs. Ruth Oliva. NF Environmental Council Mr. Walter Gaipa, Chief of EMFD Mr. Charles Woznick, Supt. of Oysterponds School District Mr. Norman Woodcock, President- Road Association 2 Of 2 To: Don Dzenkowski From: Trustee Office Re: Bay Avenue, East Marion Date: August 21, 1986 There has been a report that there is erosion occuring under the bridge on .... Bay Avenue, East Marion, due to the trench dug while installing the water lines for that area. Please make an inspection and report your findings on this matter. Thank you. Ilene Pfifferling Discussion on the'~d Dowd Application - July 31, 6 The Clerk was requested to read into the record the comments from the Conservation Advisory Council. [as requested by Trustee Larsen) Clerk: Wetland Application No. 319 for Ted Dowd. The Council fees a full ElS is necessary. Significant Type I Action. It should be discussed publicly and allow input from interested parties at the hearing. Trustee Larsen: I would like to open the discussion at this time for the Board. Trustee Smith: Well we all went down there and looked at Mr. Dowds property and we agreed that we would have no jurisdiction where he was building his houses. The only jurisdiction we would have now, is where he is clearing the lot. I didn't think that ~nyone had any problem with the project. Trustee Bredemeyer:' The C.A.C. although voiced their sentiments on this project they did not give any specific reasons more, and of course there is more public input at the Public Hearing stage. Trustee Krupski: If we don't have jurisdiction there why are we moving this? Trustee Bredemeyer: On the clearing. There is another resolution on the agenda for the clearing. Trustee Krupski: Oh~ For the clearing. Trustee Bredemeyer: I would move this apDlication having a negative .... Trustee Larsen: I believe I have the floor John Trustee Bredemeyer: Oh~ Be my guest. I thought that we had opened this up for discussion? Be my guest! Trustee Larsen: I make a motion that the proposed application is listed as a non-significant impact, however, I think it is a Type I Action. Clerk is there a second to that motion? Trustee Bredemeyer: Will the Clerk read back that motion? Clerk: Moved by Trustee Larsen the proposed application is a non-significant impact, but a Type I Action. Trustee Larsen: A Type I Action in that could possibly have a mitigating effect on the environment, more then a catwalk, ramp and float. Under S.E.Q.R.A. houses fall under a Type i Action. Trustee Smith: Mr. Dowd the application you have for the beach house, from the HWM are you sure that this is 50' back from the Deck or from~the house itself? Mr. Dowd: The deck is the furthest. Trustee Smith: How wide is the deck? Mr. Dowd: It's a 10' deck. Ted Dowd - Page 2 from the meeting of July 31, 1986 Trustee Smith: Thank you. This is in line with the others. Trustee Bredemeyer: Ellen I'm a little confused. When you say this is a Type 1 Action but you say it is not significant? A~re you saying it is not significnat but that we will want some type of ~ draft statement anyway? Trustee Larsen: No. I'm not saying that. What I'm saying is that addressing Mr. Dowds application and the course of evenns to reach this point that he has addressed all of the other am~zronmental agencies involved and has reached a conclusion to obtain these permits. And has mitigated all the possible effects on the environment, but, a house on the water within 60' zs acceptable under S.E.Q.R.A. to declare a Type 1 Action. If an action is a Type i it does not mean that it is significant, it does'nt requmre a draft. Trustee Smith: Our main concern is environmental. Trustee Bredemeyer: It seems to be one of the last lots there, where houses seem to be the rule of the day there. Martin Garrell: C.A.C.: Are you aware of the C.A.C.s agonizing on that application? The proposal is really lighter then simply the one house. The overall plan is for two or three. The use of building on the wetlands on Marion Pond. Trustee Smith: Where he is building there it ms more then 75' and it is not within our jurisdiction. Mr. Garrell: There has been such feeling on the part of the people of the area, and the Suffolk County Soil Conservation Service, our feeling was that we would like to see the whold proposal flushed out. That it would go through the hearing process. We would like to see what an Environmental Impact, long form environmental impact statement would look like. We felt that the project deserved a full scale look. With that reason we hoped that by being declared a Type 1 Action the parties that were involved would submit a more detailed plan that we could look at in length. Trustee Larsen: I truly simpathize with your comments, Dr. Garrell, which was the reason I asked the secretary no read your comments. I myself do not have that information, nor background to provide an assessment. I simpathize with you that the bayfront area is an environmentall sensitive area. Not only that, we are buffering on Lake Marion. I would be willing to have further indep~ study of an environmental impact study on the area to be done. Certainally befor~ any conclusions were drawn before the facts are in. Only to ascertain that the Board as a whole is doing its best job no protect the environment. We all realize that it is a very long process. At this point I will withdraw my motion, thank you for your time, and move this, although I do feel that this is a Type 1 action. In hopes that the Board will realize that the ultimate hardship it does place on the applicant, but in toro the effects long term, on this area, that we all live. That all of the information is submitted and properly assessed so that we can make a thorough judgment before passing a resolution one way or the ~ther. So I will put on the floor that this does have a possible environmental impact, and that a draft impact should be done. Ted Dowd - Page 3 from the meeting of July 31, 1986. Trustee Smith: I would like to mention that as far as the water supply it is off site. It has nothing to do with the area with the houses. Trustee Krupski: That's what I wondered, what they want addressed? I was just wondering, obviously these houses will have an impact on the environment. I would like to see something more specific that you want to know more about. I've seen Draft Impact Statements that say nothing, and they don't address the problems. Mr. Dowd: I'm a little taken back. I have talked with Dr. Garrell several times and I did come up here. I had a difficult situation. I met with one gentlemen, I prepared hand outs for them to ex~lain the project to them. Mr. Condit seemed totally satisfied after the meeting in June. Sometime in July I called Mr. Condit to make sure that there was still no problem. By then I called Mrs. Cooper and I said if there is a problem, please call me, I will come back to the state. I have men with the D.E.C. freshwater representative and later a Saltwater representative and went over the project. Later I spoke to the Health Dept. I am a little shocked right now to hear these recommendations. It leaves me in a quandary. I went through the N.Y.S.D.E.C. three times, and the head of the drinking water section of the Health Dept. a~d the waste disposal people and I thought a person from the C.A.C. who had no problem. Now I hear this? Dr. Garrell: Maybe I should be the one who is taken back by this. It is one- thing to be the Chairman, but the interim chairman never speaks for the entire council. I think I told Mr. Dowd over the telephone in a number of calls that came in at different times that it is likely that for a project of such magnitude that he would indeed have co go through a hearing process which might infact involve an environmental impact statement. I did not say anything about approval or disapproval. I'm not saying that here now. The whole thing we felt as a Council was that a project deserves better then a summary judgment. The number of houses plus the anticipated effects on Marion Pond, indeed is worth looking at in a long statement. Trustee Bredemeyer: I would like to comment on that? I think in a certain sense to say that whatever course the Board would take, would be a summary action would be understating the role of the Board. Already the role that the C.A.C. has taken and the role of the applicant. I think we all agonize through these things and I think we look at alot of these lmputs very directly and we have a very capable Board, as well as the C.A.C. and I don't think we should start to discredit the work amongst ourselves, or even amongst some of the applicants that go through alot of work. I happen to hold with those that don't see much of an impact here, over and above the construction of three of four houses in the larger upland area would be. That's after I agonized over it and looked at it very hard. That's essentially my feelings. Trustee Larsen: It is the lake that I am concerned with. Meeting with someone on the site, and talking with someone on the site, and shaking hands with someone on the site if far different then having figures and facts in front of you no make a decision on. That's my feeling on this. I will let someone make a motion. My second motion was that I feel that A D.E.I.S is needed. Clerk is there a second: No comment. Ted Dowd - Page A from the meeting of July 31, 1986 Trustee Smith: Will someone make a motion on this application? Trustee Bredemeyer: I move that the application of Ted Dowd for property located an 350 Rabbit Lane is a Non-Significant Declaration. Trustee Goubeaud: I'll second that. Clerk: Ail Approved, Trustee Krupski, Aye, Trustee Larsen, Aye, Trustee Smith, Aye~ Trustee Bredemeyer, Aye, Trustee Goubeaud, Aye. Ail Approved This resolution was declared duly adopted. khead With two 8' returns. Prop. ~ ~ · ~ ~ /~erty is lodated: 6h Ruch JLa~e,~ ~ 7:42 P.M.-In the matter of the "- applimtion of ~ohn H. LEGAL. NO~CE .r~ ma~ on behalf of Douglas NOTICE OF HE~G Morris to add a 3' x ~0' r~p ~T~ O~ ~ ~O~ ON ~TLA~ and ~' x 20' float to the end of an APPLICATIONS ~ ~existing dock Prope~y is lo- ) NOTICE IS HEREBY ~N cared on Shore Road. Green- ~O~ O~ ~O~g that PUBLIC HE~GS will port. ~he To~ of Southold, at the gpp]~tion &'En-Consult~ts, Kakh~ Bonda~chuk of ~reznpo~, squ~l~ Town'Hall, M~in ~a~ : I~c. on beh~ of A~old ~ '~ ~SDAy, AUGusT 28, wall exten~ from P~eviohsly Principal Clerk of THE ~O~Lg TIM~, a Weekly ~8~ on the following, app~ca- ~ ~ approv~t~ewest~de t0 existing ~ead ~ the easr ~ew~pnpzr, pubfi~had nt ~reenpo~, in the Town s~e. Bac~B with 60 ~ yds. of Of $OUthoId, CoUnty of ~ffolk ~nd clean sand to be truck~ in from ~ upland so~. Pr0pe~ is York, ~nd thnt th~ ~oti¢~ to~ on Midwa~ R~d. ' So~ho~d. n printed ¢op~; haz been raoulzriy publi~hzd appti~on 0f ~hn ~ ~onb~alfofDo~sSo~ ~a~k~ ~u¢~ivzly, ~ommencln9 on th~ ] 4 e~erofr~ s~t ~ter stream on Pr0Per~ of Marlene R. Nash located on Inl~ Lane. G~en- application ~ ~e ~d Use . ~ck:1700 Deep HoIe Drive~ Mai-, Comp~FonbehalfofJosePhDngg~ m c0nstmct appmxi- ~ I Pr~ipal 7:34P.M.-'Int~ma~erofthe ma~ly 55'.of bul~ead ~d to appIication of The Land Use dredge 40 cu. yds. for use ~s a ...... C~mpany on beha~ of S~ R. boat slip. P~ope~y ~ locked ~WOtfl tO O~tO ~O t~l$ 18 approximately 210' of ta~ po~ ~ lsand ~, be tracked in from '~ u.-~ Comply on behA~ of Joseph ~[ ~ ~ ~* and so.ce. Prope~y j, lo- Dugg~ ~ eonst~ct a 16' x 32' ' / / ~ ~ --~ I cated at 6750 In~ Neck sW~ng pool wi~ a 5' deck ........ L~ ~e~fn~c, ~ew York. ~ound same. Prnno~ ~. ,~ '~ COUNTY OF SUFFOLK SS: STATE OF NEW¥ORK Patri¢ia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, h~.s been published in said Long Island Traveler-Watchman once each week for .................... ./. ..... Weeks successively, commencing on the ........... -( ?. ........ Notary Public BARBARA FORBES Notarg Public, State of New York No. 480~846 Qu.a~£ied in, Suffo~ County Comm~smon Expires ~7 3/19 ~ TO: Don Dzenkowski or Kent McCarthy FROM: Trustee Office RE: Determination on the need of a Wetland Permit - Ted Dowd DATE: Augusn 5, 1986 Please make an on site inspection for a determination on the need of a wetland permit as requested by Mr. Ted Dowd for ths construction of two homes (Lots No. 036-17-20 and Lot. 036-17-10) Please report your written findings and determination regarding this matter. Thank you. Clerk to Trustees TO: Board of Trustees Town of Southold Southold~ NY 11971 FROM: Ted Dowd Box 282 Rabbit L~ne East Marion~ NY 11939 Phone - 477240~ August 1, 1986 The Southold Town Building Dep't (Mr Hindermann) has requested that I have the Board of Trustees check that the houses I ~ntend to build on Lots 036-17-10 and 036-I7-20 will be more than 75' from wetlands (Lake Marion). Attached is the survey of the property along ~ith house dimensions and minimum di stances to Lake Marion. The house footprints have been staked on the property. t believe the Bay Constable was present at the July 31, 1986 meeting of the Trustees when the property was discussed under agenda items 9 and 49. During the discussi6ns the point was made that the Trustees had visited the site and had no problem with building the houses as long as they were more tha~ 75' from Lake Marion. Since I ll~Ve next tb the~wo .lots in question, I would be glad to meet the Constable on the property to answer~any questions he might have. Singe~ely, TO: Board of Trustees -. ' ............ -~':~ Town of Southold Southold, NY 11971 FROM~ Ted Dowd Box 282 Rabbit L~ne East Marion, NY 11939 Phone - 477 2402 August 1, 1986 The Southold Town Building Dep't (Mr Hindermann) has requested that I have the Board of Trustees check that the houses I ih%end to build on Lots 836-17-10 and 036-17-20 will be more than 75' from wetlands (Lake Marion). ~ttach~ is the survey of the property along with house dimensions and mimimum distances to Lake Marion. The house footprints. ~ave been staked on the property. I believe the Bay Constable was present at the July 31, 1986 meeting of the Trmstees when the p~p~rty was discussed ~n~er agenda items 9 and 49. During the discussions the point was made that the Trustees had visited the site and had no problem with building the houses as long as they were more than 75' from Lake Marion. Since Illive nekt~t~ the~_tw~[.lots in question, I would be glad to meet the Constable on the property to answerma~'? questions he might have. Board of Trustees To~ of Southold Southold~ NY 11971 FROM: Ted Dowd Box 282 Ra Dbit Lane East M~r~o% NY 11939 July 24, 1986 Dear Board Member~ Request a waiver Df the Town Wetlands Ordinance to clear out underbrushr~fr~m the property associated with Wetl~ds Application No. 19. si~~ -85-0615 Novemher~_~Z2nd ,.-1985 ~,~'r ~'ROCR^~ ~U~ER~ PERMIT EX~IR^~,O~ ~^T~I Region One Under the Environmental Conservation Law December 31st, 1986 [-iArticle 15. Title 5: E-]Article 17 Titles 7. 8: SPDES ~]Artic[e 27, Title 7: Protection of Water [-]Article 19: Solid Waste Management ~]Artic]e 15. Title 18: Air Po]]ution Contro] [~]Article 27, Title 9: Water Supply [~]Artic]e 23 Title 27: Hazardous [-]Article 15. Title 15: Mined Land Waste Management Water Transport Reclamation [-1Article 34: [--IArticle 15. Title 15: ~]Article 24: Coastal Long Island Wells Freshwater Wetlands Erosion Management [-]Article 15 Title 27: [~Article 25: --}Article 36: Wild, Scenic Tidal Wetlands Flooop]air Management ano Recreational Rivers [--]Arbcles 1. 3, 37: 6NYCRR 380: I--]6NYCRR 608: N--New, R--Renewal, M--Modification Radiation Control Water Quality Certification C-Construction, O-Operation, (if Aoplicable) Rabbit Lane Association 19 East Mall, Plainview, New York 11803 Charles Luscher (516) 643-5800 N/A Marion Lake '- I Suffolk Southold DESCRIPTION OF PROJECT/FACILIT~ Re-install 2" diameter water service to be underground and under the bottom of the lake, as per the plans submitted. GENERAL CONDITIONS By ~cceatance of this permit, the perrnit~ee agrees that tire permit is contingent upon strict compliance with the ECL. all applicable regulations and the conditions specified herein or attached hereto, mPERMIT ISSUANC[ DATE Bldg. 40, Sb%~f, Room 219 PERMIT ADMINISTRATOR ovember 22nd, 1985 Charles T. Hamilton Stony Brook, New York 1179A X ~S~N~ATL~E~ ! I ,f L-.-- I Page1 of (5) NDITIONS FG~,~A£T~CL£S '15 [Tit{e 5], 24, 25, 34 and 36 [ ' ) ~cure operations by the State of New York require an al- 14 Any mater~al dredged in the prosecution of the work here~n p~itted ~ n in the position of the structure or wor~ herein authorized, or shall be ~-emoved evenly, without leaving large refuse piles, ridses across ~,on o the/ ,n the opinion of the Department of Environmental Conservation the bed of a waterway or floodplain or deep holes that may have a waters or flood flows or endanser the health, safety or welfare of a waten~a¥. the people of the State, or cause loss or destruction of the natural 15, If any materia] ~s to be deposited or dumped under this permit, either resources of the State, the owner may be ordered by the Department to in the waterway or on shore above high-water mark, it shall be deposited remove or alter the structural work, obstructions, or hazards caused or dumped at the |ocality shown on the drawing hereto attached, and, thereby w~thout expense to the State, and if, upon the expiraflon or if so prescribed thereon, within or behind a good and s~bstantiai revocation of this permit, the structure, fill, excavation, or other bulkhead or bulkheads, such as will prevent escape of the mater~a] modification of the watercourse hereby authorized shall not be corn- into the waterway. plated, the owner~, shaU, without expense to the State, and to ~uch 16. There sYa[[ be no unreasonal~[e interference with navigation by the work extent and in such time and manner as the Department of Environmental herein authorized. Conservation may require, remove all or any pofcion of the uncompleted structure o~ fiji and te~tore to ~ts former condition the navigable 17, if granted under Articles 24 or 2~, and if upon the expiration or r~ and flood capacity of the watercourse. No claim shall be made aga~nsl vocation of this permit, modification of the wetland hereby authorized That if the display of lights and signals on any work hereby authorized that the pro~ect will De free from flooding. be orescrlbed by the United States Coast Guard shaJl be ~nstaJJed and SPECIAL CONDITIONS Supplementary Special Conditions ... (A) through (J), attached; Addi;ional General Conditions ... 20) Ail sections of old iron pipe shall be removed and disposed of aE an acceptable upland site. 21) Ail disturbed areas shall be immediately seeded with wild millet. 22) The re-installation of the pipe under the bottom of the lake shall cause as little disturbance ~o the bottom as possible. cc: Louise Harrison, 10-85-0615 Re=~ion One Page 2 of 5 ~ ~ 7585 .~ ~'~ if .... 10-85-0615 Rabbit Lane Association 19 East Mall, Plainview, New York 11803 East Marion, Town of Southold, New York ~m, rm~ or ~'~ ~'~ Existing water supply facility servmng a small cooperative (Homeowners' Association) of approxima~el~v. ~Q..h__o~me_ ~_loca~e~ Bl.qng_...Ba~z Ave~nue &n~Rabbi~...Lane,. in East Marion, New York. Water for this system is obtained from two wells each with a pumping capa~c%ty~ of ~_6_g~l%o~.s__RR¥_minute. _ ........................ Eaa~ Mamio~I_ Southold Suffolk N ovember 22nd,~_l_9_~ GENERAL CONDITIONS 26. Approval is he_reby g~ven for the maintenance and continued opera~ion of the water sup~ i~. system now is existence. Water from this system may only be supplied co existing sharehold~;r as shown on "Water System Layout," dated April 1st, 1985, forming s parr of this applicati¢~L. Any future additions or modifications co the s.vs~em require a further permit from the Depar[:- 27. The Department of Environmental Conservation reserves the right to reconsider this approval a~ any time; and al=er due no=ice and hearing, at that time to~c°ntinue' rescind, e~_ modify this decision in such a manner as may be found no be just and equ~na~e. cc: Doug Picha, NYSDEC Paul Pontoro, SCHD AIternate Regional I . I Bldg. 40, SU~-Y, Room 219 ?[R'mT,AD~4iNI~YR.AFO~.~_g~j~ (~ ~~ ADDRESS Stony Brook~ New York 11794 Charles T. Hami!non 145 Lakeview Terrace PO Box 357 East ~arion, NY 11939 April 29, 1986 Dear Southold Town Supervisor Frank Murphy Town Councilwoman Jean Cochran Justice Raymond W. Edwards Councilman George Penny IV Councilman James Schondebare Councilman Paul Stoutenberg In the absence of any response to my memorandum of March OI, 1986 and to my letter of April 22, 1986 re. Quality of Wa~er and the Bay Avenue - Rabbit Lane Project and the unprecedented nature of the project, I suggest that the Town Super~_sor and Town Board appoint an ~m~arti,a.1 vestigator of the sltu tion. It is unprecedented~Jthat it is extremely rare for one project to involve trenching of 1200' of To.wn ROW. on Bay Avenue t.o lay four (4) .plastic water sup- ply pipes wmth an accompanying three (3) wire cable for each supply pipe and to cross a freshwater lake. Does one usual- ly permit trenching before all permits are in order? When the trenching started on Thursday, April 17th, I called the Highway Department to ascertain what was going on. I was told that the Highway Department did not issue trench- ing permits; that was a function of the TOE Clerk's Office. A call to the Town Clerk's Office indicated that the permit did not indicate what was to be trenched and that there was a bridge intervening between the points of trenching, ~he wellsite on the Schimatz property and Rabbit Lane. What was approved to be trenched? Private waker supplies are not usually located on Town ROW. Did not anyone say that this unusual and we should took into it? On page 3 of ~ of my memorandum of ~arch 1st, I stated that as of the end of January !986 there was no DEC permit on file and that Town wetlands were involved. On page 4 of 4, I asked~ consideration would be given to driving pipe under under driveways and Lakeview Terrace entrance. The purpose was tb not inconvenience the residents; it would also provide a sleeve. The project was ramrodded and no sleeves were laid. I understand that is one of several violations. In response to my memo, Mr. Lessard, Exec. Adm. of the Building Dept,, responded to Supervisor Murphy on March 7th stating that plastic pipe as a source of water supply is not permitted by law. A copy of Mr. Lessard's memo was routed to the Highway Department and the Trustees. That was March 7th. I received a copy through Supervisor Murphy on April 19th. lof3 In the light of that information on r~arch 7th, how could one authorize trenching with plastic pipe on April 7th? How could one authorize trenching knowing that Town wetlands were involved and there was no Town wetlands per- mit? Mr. LesSard's memorandum and mine indicated that wet- lands were involved. Was it foreordained at that point a Town wetlands permit would be issued? I can well imagine the hullabaloo and law suits if a contractor trenched for two (2) miles and - hied a permit to cross wetlands. How Started before a wetlands Permit was issued? The~e would be no problem at this time if the Rabbit Lane Association had grantedfour (~) more its water system, but The RaBbit Lane its ground and det~ stood that its system could serve no more houses. I~ would be ,t broke the camel's back. I feel tha't the ~tes from additional houses wit: is too much? Who is going take a stand? I do not live on it at least twice a day. The to bounce road runoff and debris, but no more. ~t seems incongruous that the Dowd - Schimatz property on the lakeside of Rabbit Lane is filled in wetlands. Several years ago, fill was dredged from the lake with a crane and a bucket. It was legal at the time. Fill could have been trucked in, but it was easier to rape the lake. Morally, the residents on the north lakefront thought it was wrong, but... The'wellsite on the Schimatz property is on property con- sidera~ly filled in over the past three years, possibly wet- lands has been involved. Filled in site to filled in smte.' ' How closely has the Dowd - Schimatz property been in- specte~.fo~ plant~indi~?us to wetlands by the DEC, the T~ Trustee~ or ~e Bum±ding Department? Are Zhere no wet- land plants within 75' of the almost completed Dowd house? I say~ "almost" as it is apparent it needs to be backfilled. Who makes the inspections and reports to whom? Verbally or in writing? Who coordinates the information? It has been alleged that "yellow markers" are missing in the trench. Who~ inspected the trench before backfilling? Before backfilling a house basement, the Building Depart~ merit makes an inspection. What other violations are buried in the trench? 2 of 3 '~q~y are four (4) plastic water supply pipes needed to supply four (~) houses with water in a trench on Town ROW, whereas the Rabbit Lane Association has been using one (1) pipe to supply several homes? In the light that the Rabbit Lane Association galva- nized-water supply pipe was replaced approximately four (4) years ago without a DEC permit and with severe dis- turbance to thew---~nds and the lake bottom and the Rabbit Lane Association members have had no problem with water sup- ply, I strongly urge that the pipe remain undisturbed. In my estimation, the Bay Avenue project is ill con- cieved and there are alternatives other than disturbing the lakes that Town, County, and State agencies and departments have not interacted with one another~ and that no one person ~ or elected/appointed body has been given the authority to approve a project of this nature. A person or a department has the authority to approve part of the project~ bu~ there is no one person or agency to determine if the parts fit together. The Suffolk Times article and local gossip are genera- ting terms associated with the project: "passing the buck", ineptness, incompetence, arrogance, "COA", assessing blame, lack of coordination, insensitivity, and crisis management. If this project has so many faults on land, how can it even be considered in the water? In a project of this type and scope, there must be a -' public hearing. Its nature will have an impact on the Town. It may be that the Public Service Co~misssion and the Suffolk County Water Authority should be involvsd. Sincerely yours, Frank Heroy ~ c.c.~Mr. Henry P. Smith, Pres. of Town Trustees Town Trustees Mr. Paul Ponturo, Suffolk County Health Dept. Mr. Dennis Cole, DEC Mrs. Judith Terry, Town Clerk Mr. Victor Lessard, Building Department Mr. Ray Jacobs, Highway Dept. Mr. Mark ~iddleton, Pres. of Lakeview Terr. Rd, Assoc. Mr. Tim Gould. Suffolk Times 3of3 MEMO FOR THE FILE: RE: Work on Bay Avenue, Orient DATE: April 21, 1986 FROM: Ilene Pfifferling, Clerk to Trustees Please be advised that Mr. Frank Heroy has been into the office.today regarding the work being done on Bay Ave., Orient. Mr. Gary Tabor is the contractor on the job. He has his permit to do the work on Bay Ave., however, the road continues to the bridge, and they do not have a wetland permit for this work. Mr. Heroy is quite concerned because the well site is on the Schmietz property. Mr. He~py:~is quite concerned because he has not recieved a reply from the Trusees regarding this matter. I have advised Mr. Heroy that Mr. Gary Tabor has come into this office today, and I gave him a wetland application to complete and submit. Mr. Heroy wanted to know if this would require a Public Hearing? I advised him that if Mr. Tabor submitted the application and it went through the process, yes a public hearing would be held. Mr. Heroy thought that there should be some communication on the work to be done, such as the Highway Dept. and what information is on the permit for this work. I advised that I was not familiar with the policy of other Depts. and sugguested that he call those offices. To: Southold Town Supervisor, Mr. Frank Murphy Councilwoman, Mrs. Jean Cochran Councilman, Mr. George Penny III Councilman, Mr. James Schondebare Councilman, Mr. Paul Stoutenberg From: Frank Heroy, 145 Lakeview Terrace, East Marion. NY 11939 Date: March 01, 1986 Subjects: Informational Meeting and Concern for Quality Water This memorandum has been written several times, but never mailed. After reading the February 6th issue of The Suffolk Times relative to the "potential catastrophe" of the Greenpor~ water sy- stem; the February 20 th issue of Newsday - water woes- widespread nitrate and pesticide pollution problems, including the North Fork; and the announcement by the New York State Conservationist that its May - June issue will be devoted exclusively to one subject: WATER,._ I feel so strongly that I can now no longer be silent or wait for something to happen. Since the time I flew combat until my retire- ment as a principal, I have believed in and tried to practice an- ticapatory vigilance. The time has come in East Marion. On January 29th, I attended the Oysterponds Town Board Meeting re: the proposed Master Plan. I arrived at the meeting 30 minutes early so that I could study the map beforehand. Unfortunately, the mad was posted only a few minutes before the start of the meeting. A ooor start for me. During the meeting, concern was expressed about the unfairness of the proposed five (5) acre zoning in Orient, east of Tabor Road and south of Route 25. The expressions on your faces told me that it was here we go again. It was new to me. I anticipated that a view of the area under discussion would be pro- jected on a screen:- overhead projection, slides, or TV monitor. there was nothing. Ruth Oliva did volunteer the information that she thought the fear of salt water intrusion was the reason. She also mentioned the fear of salt water intrusion in her area. A representative of the League of Women Voters expressed con- o~r~rabo~ ~'~proposed article and amendments and the reinsertion ofrArticle 22 relative to the protection of the natural resources, ipcluding water. ~ had no idea in the world what she was proposing. Why couldn't the articles and amendments have been projected on a screen? Inasmuch as the Board did no~ .participate, I left the meeting perplexed as to what specific information I gained and what were the truths, lies, and distortions. Instead of the proposed ~aster Plan making things clearer and simpler, I still visualize layer upon layer of bureaucratic depa=~men~s and agencies, each giving its understanding and interpretation of the Master Plan. will be one big game in devising plans to circumvent the ~aster Plan unless one big foot comes down hard. No: Expressing my feelings about the meeting is not the primary purpose of this memo. About 25 years ago, I started writing to the 10fh. State Senator representing the North Fork and to the Town Super- visor expressing my concern for the maintenance of the quality of the North Fork drinking water. ~y family summered out here in cur cottage and we were then living in Hicksville which was experiencing d~fficulties with nitrate~ in the deed wells. Hicksville, at one ~lm~was a farming community muc? ~ike the North. Fork. I was look- lng at the North Fork where fertilizers and pesticides were being used in farming, as in Hicksville, in a area of shallow wells with no deco aquifier. There was no solution. Homes started to replace farms and the maintenance of lush lawns has continued to contribute nitrates, phosphates, and pesticides to the shallow aquifier. I still have concerns, but apparently solutions are to be lost in the passage of time:- the slow action and even inaction of town, county, and state governmental departments and agencies, and the poor communication, understandings, planning, and interaction among the same. A glance at the Traveler snd the Suffolk Times indicate to me that you are involved with the ~aster Plan, the airport, the wineries, ELI Hospital (not yet), solid waste management, Litco, methane- generation of electricity, the Peconic Civic Center, the dog pound, and low cost housing along with many other mat%ers. You have tremendous responsibilities and invotvement.~Ii~don't~envy you, but I do appreciate you. At most meetings ( town, Bd. of Ed., water, etc.), I hear the comments from the audience that we don't want to be like Nassau. We in the audience should look around and see how we are contributing to that goal; I see slippage. As a result of rumors in our particular area in East ~arion, I conceotualize possible relief to the Orient farmers who may be impa~ted by the proposed five (5) acre zoning. I don't like the ides If one considers Bay Avenue to run north and south and Rabbit Lane, east and west, I shall describe the circumstances. A glance at the attached map or sketch will orient you. A newly constructed, substantial house stands between Rabbit I~ne and the south shore of ~arion Lake East. ~arion Lake con- sists of 26 acres; it is not small. It is rumored three (3) more houses will be built for speculation. There is no shallow well source of water in the area as salt water intrusion was noted 40 years ago. The older homes on Rabbit Lane obtain their wa~er through a seasonal, communal water system from a pump approximately 45' northeast of the bridge which conne,'cts the two parts of the lake. The pump is located on or near a "nitrate hot spot" as indicated on the Town water map. The plots on Rabbit Lane probably average 5' above sea level. It is a low lying area. In severe storms, water from the Bay enters the Lake over some of this property and Bay Avenue itself. Cess- pools are below the level of the Lake. In my judgment, nitrates and phosphates from the waste products of the Rabbit I~%ne homes are contributing to the deterioration and eutrophication of the Lake more so than the other homes surrounding the Lake as they are 2 qf h at an elevation of 20' or so. Do these nitrates and phosphates enter the aquifier in the general area? Do they remain in the Lake or do they contaminate the Bay? For the first time in many years of observation, I have seen green scum forming, even under the ice, on both sides of the bridge this early in the year. The Lake is fragile. To the north on the east side of Bay Avenue, approximately 55' north of the Scmidt - Schimatz garage, one can see well casing, newly installed, projecting above the ground. The rumor is that the new house(s) and a pump at the casing are to be connected by a pipe. There is a hitch in that the Town bridge between the casing and the house(s). By land, it would be a run of approximately 1200' south on Bay Avenue from the pump to Rabbit Lane and then 150' and more east on Rabbit Lane to the house(s). A strong rumor says that the pipi will run down Bay Avenue to the vicinity oF the bridge and then will be trenched across the Lake to the houses, a shortcut. (See map.) I am particularly concerned because of the brazen, roughshod acts of four (4) years ago when the Rabbit Lane Association re- placed its aging, underground galvanized piping with plastic: 1. Did the DEC or the Town approve the laying of pipe, not trenched, on the lake bottom approximately 25' east of the bridge? The DEC officer did not think so as we stood in the bulldozed area o~ the pumphouse into the phragmites and water. It is wetlands and not a snapping turtle has climbed the banks since to lay her eggs. 2. Did the Town approve of the concrete boxes for house water ccnnections which protrude above ground level in the Town right of way on the east side of Bay Avenue and south of the bridge? If someone trips on the box, who is liable? 3. Did and does the Town approve the work where a pipe was trenched across the foot of Bay Avenue, south of Rabbit Lane Huckleberry Hill? a. In the matter of communication, why didn't the State Police question the DEC or the Town Police question the Town~High- way about the project as all pass the area on a reEular basis? In the oresen~, in granting the building permit for the new house on Rabbit Lane, plot # 1000 3! 17- 9, recorded to Carol Dowd, did the Building Department ascertain the source of drinking wa~er and determine all permits were zn order? As the end of January 1986, the DEC did not have an a~plication on file to permit trenching or the laying of p~pe in any part of Karion Lake. Town wetlands are involved. Does one make formal application to the Town Highway Depart- merit to trench and to lay pipe either on Town road or ROW? Must one post a performance bond and show proof of liability insurance before starting a project? ~s consideration given to residents along the ROW by driving pipe under driveways and roads instead of the attitude of trenching when one wants to do so and then filling in at some indefinite time in the future in a sloppy manner? It does seem ludricous that the Town and its departments would ~rant someone permission to build a house on a plot with salt water ~ntrusioy, to connect to a water souroe at a considerable distance so that nitrate contaminated water may be avoided, to con- tribute nitrates and phosphates into the lake and aquifier which many other homes are using, and to pump water from an inland po- sition which will hasten salt water intrusion into areas south of the well. Does the scenario include the possibility of all Rabbit Lane homes joining the system? Will the Town Board condone, foster, or encourage the practice of establishing a hodge podge of small and large, independent water systems hopping over one another always inland for a source of good water? If so, why can't the proposed five (5) acre zoning in Orient be reduced to Two (2) with a covenant that the water source be north of Route 25? If density is related to water supply, I think that we are saturated in this area. I look to the Town Board to protect the quality of my drinking water, whatever it is, and my enjoyment of the wildlife on, in, and abo~e Marion Lake. Sincerely, Francis A. Heroy Eric. Sketch of a section of East Marion Robert Tasker, Esq. - Southold ~own Attorney Carol Dowd, 202 - 13th St. East, Tierra Verde, Florida 337~5 Mr. Charles Hamilton. DEC, ReMional Alternate Permit Administrator Mr. Victor Lessard, Town Building Departmen~ Mr. Ray Jacobs, Supt. of Highway Deot. ~Mr, Henry P. Smith, Pres. of Town T~us~ees ~r. ~ark ~iddleton, Pres. of L~keview Terrace Road Association Page 3 OLD BUSINESS: Jeanne Martinet suggested, a~ome time, someone should contact an attorney (possibly re~ired or someone from out of mown) to aid in drawing up changes to the Town Ordinances. These changes then could be presented to the Town Board for approval. Some of the issues she feels should be addressed are lawn sprinkIing and its effects with saltwater intrusion, and changes along those lines. Martin Garrell stated Councilman Paul Stoutenburgh would like the CAC to send a letter to the Town Board regarding the sensitivity of the Sebastian Cove area. Jeanne Martinet will draft the letter, NEW BUSINESS: Jeanne Marriner attended a meeting with the Shelter Island CAC, Shelter Island Supervisor, Dave Newton and Ruth Oliva concernig ground water and waste disposal. This group is planning a media blitz to educate the public and if the program -_ is successful they may need Southold CAC's help in the future. WETLAND APPLICATIONS RECOMmeNDATIONS Wetland Application No. 319 of Ted Dowd is still tabled. A letter was sent to Mr. Dowd requesting his presence at a future meeting to~answer'questions concerning his application. Wetland Application No. 333 of Dr. Vincent Claps remains tabled u~til a letter by John Holzapfel is sen~ and action is taken by the applicant. On a motion made by Martin Garrell, seconded by Ralph Condit it was RESOLVED to table Wetland Application No. 335 of John J Newman to drive pilings to shore up existing garage and second s~ory to be added. The Council feels it must table this ma~ter pending approval of the two story garage. It appears Ewo story buildings go against ~he deed and covenants. If the garage receives approval then questions will be asked re: Cesspool capacity and loading increase re: Pilings If the second story of the garage is not approved, then it ~s no~ clear if pilings are necessary. It is not clear that the garage zs not currently safe - simply repair the cracks in the floor Rip rap looks sound as is. Vote of Council: Ayes: Martin Garrell Ralph Condit Heather Cusack John Holzapfel Abstain: Jeanne Marriner Moti3n carried. © United States Soil Department of Conservatior 127 East Main Street Agriculture Service Riverhead~ New York 11901 February 14, 1986 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil & Water Conservation District 127 East Main Street Riverhead, New York 11901 Dear Stan: I have reviewed the application and inspected the site owned by Ted Dowd, as re- quested. There is some confusion on the application as to exactly what the appli- cant is proposing. On the Town Trustees permit form the applicant is requesting a permit to build two single family residences on pilings, 30 feet from Orient Harbor (G~3diners Bay). On the Town of Southold Environmenta~Assessment Form the appli- cant's description of the project is to build a single family residence on pilings, 30 feet from Orient Harbor (Gardiners Bay). The New York State Department of En- vironmental C~onservation Permit describes the project as follows: Construct a single family dwelling on south side of Rabbit Lane approximately i9 feet landward of Orient Harbor (Gardiners Bay). Install sanitary system for this lot on appli- cantrs property on the north side of Rabbit Lane, approximately 150 feet landward of mean high water and 125 feet of Lake Marion. Construct the single family dwell- ings with de~ks on the north side of Rabbit Lane approximately 50 feet south of Marion Lake. Sanitary sysnems for three northerly lots will be located between houses and.Rabbit Lane ~pproximately 125 feet south of Marion Lake and 15~ feet landward of ~ean high water. The attached survey shows four lots owned by~the applicant, .t~s % assumed that the D.E.C. permit project description was accurate. All of my corm~ents are based upon this assumption. The lot bearing Suffolk County tax map designation 31 - 17 - 9 has a newly constructed home on it. T~e septic system had not been installed~ the date of my visit Feb- ruazvy 6, 1986. The Soil Survey of Suffolk County identifies the soil on these parcels as being Fill Land Dredg~ Material (Fd). A copy of the soil map and description is included for your review. An onsite investigation verified this fact. The water table was found ~o be at a. depth of 3.5 feet below the surface within the area of the proposed septic sysnems. The project is located within the 18Q-year flood ~lan boundary as indicated on the Flood Insurance Rate Map for the Town of Southold. There is the potential of com- plete flooding of the land area causing the systems to fail and discharge into Lake Marion and Orient Harbor. The Soil Conservanon Service SCS-AS-1 s an agency of zne ~0-79 Department of AgriCUlture Mr. Stanley A. Pauzer - 2 - February 147 1986 The proposed septic systems may have an impact due to the high water table con- dition. The sandy nature of the soil material will allow the effluent to move rapidly into the groundwater mnd then laterally into either Marion Lake or Orient Harbor. Table One of the Nonpoint Source Management ~tandbook developed under the direction ofthe Long Island Regional l~lanning Board identifies the most significant known contaminants associated with on-site sysnems and the resulting surface water problems. The proposed development area is located within Hydrogeologic Zone IV as identified in the Long Island Comprehensiv~ %taste Treatment Pla~. The zones are land areas Ghat recharge either de'ep aquifers or shallow aquifers and/or discharge zones. Article 6 of the Suffolk County Sanitary Code~ Realty Subdivisions and Developments states that the minimum lot requirement for new homes with septic systems for all areas outside ~tydrogeologic Zones III and VI is 207000 square feet. In this pro- ject7 the applicant proposes to install two Septic systems on lot 10 which is 17~478 square feet in sime~ and one septic system each on lo'ts 9 and 20 which are ~.~ 19~430 square feet and 18~656 square feet in smze respectively. / If you have any questions or I may be of further assistance~ please feel free to call on me. Sincerely, Allan S. Connell, District Conservationist Attachment s /o- COUNTY Of SUFFOLK qO, B)-31q. Dom D. SD ~OLK COUN?Y SOIL AND WATER CONSERVATION DISTRICT STANLEY A. PAUZER DISTRICT MANAGE~ February 14, 1986 Mr. Renry P. Smith~ President Board of Town Trustees Town of Southold Town ~all, 53095 Main Road P.O. Box 728 Southold, New York 11971 Dear Mr. Smith: I am forwarding to you a report on the "Ted Dowd Wetland Application No. 319," as you requested. This report was prepared by Allan Connell of the U.SoD,A. Soil Conservation Service and it raises many questions. If yon desire any fur- ther information, please contact me. Very truly yours, District Manager 127 EAST MAIN STREET RIVERHEAD NEW YORK 1190' {516) 727-2315 ~ONE B ZONE C ZONE B ZONE ZONEB ZONE B AVEN ZONE B L.AN ZONE C ZONE B' ZONE B YLVAN ZONE ORCHARD RMI~ ~\/ '~o~ KNOLL  e ZONE KEY 'FO MAP ;O0-Year 'Fiood Boundary NE~ ~.g., 1212/74 8~se Flood Eievafion Line ~ -513-- RMTx R ve~Nlile eM 1.5 *EXPLANATION OF ZONE DESIGNATIONS ~re be[ween one (~) aha three (3) feel; b~e flood ._ C Are~sof minimal floodln~, (No shadin%J NOTES TO USER This ma~ is for flood 'nsurance purposes only1 it does not sarit¥ show all area~ subject, to flooding in [ne community or al! planlmetrlc features outside special flood hazard areas. For adjoining map panels, see separateW printed index To MaD Panels. Comstai base flood elevations shown on this map include FILL LAND~ DREDGED MATEt~IAi Fill laud, dredged material (Fd), is made up of areas that have been filled with material from hydraulic or mechanical dredging operations. These operations are used mainly to widen or deepen boat channels in salt waner; however, some dredged material has been obtained from new channels cut into tidal marshes. Most of the dredgedmaterial is purmped onto tidal marshes. Smaller amounts are placed on beaches and dunes and on nearby mineral soils in a few places. The practice generally is to dike an area by using onsite material. The dredgings are then pumped into the diked area and allowed to settle. Excess water drains back into the bay. After the water drains off, heterogeneous deposits of sand, gravel and sea shells remain. In many places a dark-gray silty mud remains. Pro- tective dunes havebeen built with clean sand and gravel dredgings in some places, and in such places a few naturally formed dunes are inct~ded in mapping. Fill land, dredged material, is not suited to farming. Areas are satisfactory for building sites where the fill is adequate and if the highly compressible organic layers in the tidal marshes are removed prior to filling. Areas where the fill is placed on marshes containing thick organic layers are likely to be unstable and need onsite investigation before building on them. Droughtiness, low fertility and high salt content severely limit the establishment of lawns and other landscape plantings. Cesspools do not function properly where the ground water is at a shallow depth. ' Capability unit not ~ssigned; woodland suitability group not assigned. TABLE 1 Impacts of POllutants From On-Site Systems Upon Surface Waters and Groundwater CONSTITUTENT PROBLEM Groundwater (Drinking Water) Surface Water 1. Nitrate-Nitrogen Hfgh concentrations of nitrate have been known to High concentrations of nitrate- produce a bitter taste. Water containing nitrogen n{trogen may be a problem in as NO3 in excess Of 45 ppm has seen reported to marine waters. cause methemogiobinemia Jr infants, 2. High Phosphate NONE Eutrophication may result if there is Concentrations sufficient concentration of phosphorus in fresh surface waters from sources such as on-site systems and fertilizers. 3. Lead, Tin, Iron, Copper. These constituents are toxic in excessive Zinc. Manganese concentrations 4. Chloride. Sulfate These constituems can present health hazards to some individuals ranging from laxative effects to aggravated cardiovascular or renal disease, if con- centrations exceed recommended limits, 5. Foaming Agent A nonbiological detergent constituen~ and an in- Causes foaming in surface waters. dicaror of contamination. Appearance and taste of the water may be unaccep[ae~e. 6. Biochemical Oxygen n extremely localized situations, ex- Demand cessive BCD in saetia fluid discharged to surface wa[er can deb ere dissolved oxygen supplies necessary to aquatic fife 7. Chemical Oxygen Same as acove gemand 8. Sodium ImDacrs fres~hwater species 9. Synthetic organic chemicals, in- These constituents roues principally in cesspool ctuding 1.1.1 tricholoethane, aaditives are suspected carcinogens. tetrachloroet hyiene, tri- chloroethyiene and chloroform fhalogenated hydrocarbons} 10. Bacteria and Viruses associatec Some private wells may contain significant Failing systems may contribute to with the presence of fecal amounts of pathogens high total coliform counts. coliform Bacteda b, nd virus may cause disease in humans, Problems in- clude gastro-intestinal illnesses ano The blank areas in the above table indicate a lack of identification of a sroblem-constituent interface. Items 3. 4. and 9 have not been identified as having an mpac[ upon surface waters and Items 6 and 7 ac not affect grounewater. 4 Applicant: .... ~ DO~u Address: 20 ! ., Permits apphed for and apphcat,on numb.e,r(s) ' Projectdescr 'of. 'SO~Oid ]' Coun~of SuffoLk- 'sou~-:side of .~is~ ~ . prope~ . 12o sou,-of L~e-M~lon,' Conduct ~ree slnqle f~l~ ~el~ngs ~e, S~!u~f.sys~ for ~n~e no~erly .lots will ~ loca~d ho~es ~d ~bi't L~ai appro~tely !25~. sou~ of .~rion 150 cle~ fill-will be ~cked in for ~ss s~nita~ syste~ ~d to be within 15' of ~ee. b~e of .~hree ho~es on ~e ~nerly lo~, P~ject is loca~d on ~e no~ .~d sou~h s!des of P~t. L~e, ~ion-L~e SEQR ~R~ATION: (check appropriate box)" **Gar~ne~ Bay, E~t Marion ' D SEQR-] 'Project is not subject to SEQR because it is an exempt, excluded ~a~lype I1 action. · ' ~ ' ~ SEQR-2 Project is a lype [ a~ion: it has Seen determined that the pro}eot will no~ have a significant effect on the environment. A Negative Declaration has' been prepared and is o6 file. ~SEQR-3 Project is an unlisted action: it qas been determined that the project will not have a significant effect on the environment, : ~ 5EQR-4 A dra~ environmental impact statement has bee9 Drepared 9n th s ~roject an~ is on file. D 5EQR-5 A final environmental impact statement has beep p~pared on this project and is'on file 5EQR'L~D~? NeW ~ork S~te ~pt. of ~vironmentaI Conse~ation W B U OR'/ UBUC ii,tea b ow.' project must be submitted to the Contact Person indicated below by no later than ~/] ~/R5 CON/AC/PERSON: M~. Karen ~ta!o (NYS DEC) Bldg. 40, SD~Y Stony Br~k, N. Y. 11794 751-7900 TO IHE APPLICANI: 1. THIS IS NOT A PERMIT 3. Your project is classified MA, OR. Accotdingw, a decision will be made within 90 days of the date of this Notice. if a public hearing is necessa~, you 4. Publication of this Notice in a n~wspauer is: ~ re~u[reo ~ not reQulreo CC: Chief Executive O~cer Supe~isor of T~ n Environmental Notice Bulletin Boom ~09. 50 Wolf Road. Albany. N.Y. ~2233-0001 File DEPTH AT IS THIS FOR PRIVATE OR BUSINESS AR£A ZONING INTENDED US~ OF DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED ON THE PREMISE_~,'__~j~_ --- THE PROJECT SITE IF NECESSARY___S.~.¢.__~_~~ { TELEPHONE (516) 765-1892 BOARD OF TOWN TllU~TEE$ TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 IDENTITY OF APPLICANT .... ~.~_~ _ PHONE NO __ AGENT PHONE NO. LOCATION OF PROPERTY FOR WH.ICH PERMIT WANTED SI ZE OF PROPOSED WORK / 3~ ~ ~ ~-~r- ...... ~_~[ WIDTH ~ 0 PART II Environmental Asse~t~ent (To be completed by Agency) ~ A. Does action exceed any'Type I threshold in G NYCRR. Part 617.127 If yes, coordinate the rewew process and use the FULLILONG FORA4 EAF. Vegetation or fauna, movement of fish or wildlife species, significant habitats, or threatened or endangerea speclest Explain briefly: C6. Secondary. cumulative, or other effects not [dent fled n C1-C67 Explain briefly. PART III Determination of Significance (To be completed by Agency) INSTRUCTIONg: For each adverse effect identified above determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting Ci.e. urban or rural); (b} probability of occurring; Cc) duration; {d) irreversibili[y; Ce) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to ~how that all relevant ~dverse impacts have been identified and adequateiy addressed. [] Chec~ this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the prooosed action WfLL NOT result in any significant adverse environmental impacts AND provide here, and on attachment_~ as necessarv, the reasons supportng this determination: BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SHORT ENVIRON~IENTAL AS$1--SS~ENT FORM Project Information [To be completed Toy Applicant or Project sponsor) ~' N~ ~ Exoansion ~ Modification/alteration 7. Amount of land affected: Residential [] [ndustdaI [] Co ..... iai [-- Agriculture [] Parklandfopen space [] Other Yes [] No If yes, list agency(s} and permit/approvals []Yes J~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE COUNTY OF SUFFOLK ) STATE OF NEW YORK )SS: ~---~/ ~O~C3~/. S~ING DULY SWORN DEeOS~$ Approved 2/27/85 To: Board of To~ Trustees ~.~1 Town Hall ~ 11971 $ ~ Southold, NY September 23, 1985 From:Ted Dowd Box 106 Southold, NY 11971 765 2494 Dear Board Members, Attachment One is the application to construct a single family waterfront home onRabbit Lane in East Marion. The home is to be build on pilings to preserve the natural environment~f the beach area although the majority of the ~aterfront homes in the area have been built using bulkheads and jetties. In addition there are several other factors you might consider in your deliberations. 1. The process for obtaining a New York State DEC permit began in October 1984 and took considerable time due to survey, inspection and administrative requirements. The final DEC permit is located at Attachment T~o. 2. A vacant land ceri~ficate of occupancy is located at Attachment Three. 3. The survey at Attachment Four reveals that the proposed home conforms to those homes located in the area. A new home is under construction closeby and has received the necessary approvals to construct. Sinc~ - ° &. Approximate percentsce of proposed project site with slopes: ~-10: /'~-I g~at~r 7.ts p~ect contiguous ~, ar contain a building ar site Hsted on the ~at(ona] Register of. Place? Yes ~No . . 9. ~ exist t~ the 11,' Are :~e an~ '~n~g~or unu)ual land fa~ on the P~jec: site! · ' 1~. ~es th~ ~res~ itc offer or include scenic views or vis~s bo~ ~ )a !mpo~t:~.~e ~it~ ...... 14. Str~s ~ithin or contiguous to pmject area: - ....... a. N~ of stream and na~e of river ~ bhich it is tributary 15. Lakes, Ponds, ~etland areas within or contiguous ~ project a~a: ...... ' ..... a. Nar4. ~ b. Size (in acres) ~slngie ~m_.family residentiaI,. R~ .... and the scale of development {e.g. 2. Story}. 1. Phys~I dimensions and sule of p~ject (fill in dimensions as appropriate) ' a. Total contiguous acreage a~ed by project sponsor I~ acres. ....,.e . .. ....... . -: .- b. Project acrezga developed: . o acres initially; .? ~J acres ~ltlmately. d. Length af p~ject, in ~)les: (if app~ria:e) _- ..... ' '"~ ': ......... e. Xf project is an ~pansion of existing, i~dicate percent of ~pansion proposed: building squa~ f( age I developed acreage ' .~ ' ~ ' ......... - f. El~er of off-st~: p~r~ing spaces existing -' ' I proposed ~ "'- ' g. ~axi~J~ veMcular trips generated per hou~ .~/~ (upon comoletion h. Zf ~sidentia1: N~Jer and type a~ housing units: · - One'F~ily Two F~ily ~ultiple F~ily Condoniniu~ InftiaI I. Zf: Orienta :ion - ~efgh~or~oo~-Ci :y-Rog lanai Estimated ~plo~enc . Industrial · ' - .- . .? J- Toro) height"of ~%Test P~posed st~cture ~ feet. . ASSESS~N~ PA~T I . . . . - . ........... · -.-: ....- . ,..."'-',- (;hy~iol se~:i:; ~F ovenl] ~m3ec:, bo:h devele~ ~nd ~d~velcue~ areas) . '.':~;~.~x~q~?}l~..:....'~'"". ~.. Suour~an Rural ~en: ~and. use: ' ~eadcw ~r ~rusnland . :-. . --'-- .... :-- .. . .. . = ,~ .- ..... . ..... ..-. 26. Rp:rovais: a. Is any Federal per. i: required? Yes No · ,. ~: ' b. Does project involve State or Federal funding or financing? __Yes ¢. Lo~al and Regional approvals: :, . , ~ . " ' "" .. ~ App~yal Required '~t'%', Sub~ibtal Approv~ City, Town, Village Planning ~oard ,;; :~ '-~L. ' :City, County Healt~ ~epar~ent ~- ' . Other regional agencies = ' { WW~ ' ' '.-"-.-" '. ~tit~ Agencies . -_ . ~ :. -., ~ ~ ~-c ~ C. I~FO~u~TIG?~L DET~IL~ --.. ...a... - ~ j_; , :-:5 -,,.--... .. At,ch ~ny additional infarction.as ~ b~ needed..ta clarify your project. If there a~ or may be agve~e impacts a~Xo~iatad ~ith ~h~az~,~ 'such impact~ an~, the measures ~hich can b~ ' ' ~.'~.~-' '.:L '-- ~...:.' ~- - : ' ? .. .- -. . . · .- ..: : .:- .......... :,..:.~._._~ ..... =. - .... . .. . ~ -'~. ~uw much natural ~atarial {i.e. rock, earth, etc.} will be re~ovad From the site - 0 tans 3. How ~any acres of vegetation {trees, shrubs, groun~ ,:overs) will be r~moved from site - ..~ '4. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by project? Yes S. Are there any plans fur re-vegetation to replace that removed during construction? ~es' ~. If single phase p~jec:: Anticipated period of construction /~ months, {including dentition). 7. I.f ~ulti-phasad p~ject: a. Total n~oer of ~hasas anticipate~ No. '- - '- ........ t. :' - - ~ b. ~tici)atad date of co~ence~ent phase 1 month 7ear {inclh'd d. Is phase 1 financially dependant on subsequent phases? . 8. ~ill blasting occur during constrection? Yes ~o ~' 9. ~mber of jobs ~enerat~d: du~ng const~ction /?~: after p~ject is c~lat~ ~ -. lO. Nu~er of jobs eliminated by this project ~ ' .. '' 1]. Will project require relocation of any projects or facilities! . Yes '~o. If yes, expla:n. 1~. a. "~s surfaoe or subsur~ec~ liquid waste disposal involved? Yes ~'~ 1~o. b. If yes, indicate type of waste (sewage, industrial, etc.) ¢. If surface disposal name of stream into which effluent will be discha~ed 13. Will surface area of existing lakes, mends, stre~s, bays or o~qer surface wa~am~ays'be (nc~-eased o decreased by ~posall Yes ~No. 14. Is project or any portion of project located in the lO0 year ~ood plain? ~es .. 15. a. Ooes p~ject invotve disposal of solid waste? ~Yes b. If yes, will an ~xisting solid waste disposal facility be used! ~ Yes ~o ' c. If yes, give na~e: ~o 6~c ~j~ ; location 4. Will any wastes not go into a sewage disposal syst~ or into a sanitary I~ndfillt _~ ~6. Will project use herbicides or pesticides? Yes o ' 17. Will project ~utfnelg p~duc~ odors' {~ than one hour per day}? Yes 18. Will project preduce operating noise exceeding the local ~b(ence noise levels? Yes ~ ~19. ~(ll p~jec: FesuIt in an incr~as~ in ener~ use? ~Yes __No. If yes, indicate type{s} ~.-- ~/~ ~ ~', ~ ~r F~ 20. If water supp)y is f~m we]ls indicate pumping capacity ~ gals/minute. Zl. Total anticipated water usage per day__ /~ ~. Zoning: a. What Is dcminant'zoning classification Of site? ~Y,Y~ / ~f/~ ''~ ¢. IS ~rcpos~d use c:nsist~nt with ~resan: zonin~ d. If no, indicate desired toning ~.~ ~..]DEPATE I LARGE ~ : TM~ACT ~?~CT - PROOCCT C.,A.G~ , ~- Can~:ruc~on in a designated ~o~dway. Other ~mpact~: ~ ' · ': NO YES -:. WILL'THERE 8E AN ~FFECT T0 ANY U~tQ~E 0R ~SUAL ~NO FOP~4S ~ 2. '~OUNPQN THE SITE? (i.e. cliff~, d~mes, gea~agical roma- ~ : . :*~ns. etc.,) ~ . .. , ~ . ,,. Specific la~d f~m: , . . 3. PROTECTS? (under At'olegr 1 ;' 2~ of the [nvSr- ~ ~ ' .: -: :' '" '. onm~nt~l Cons-e~va:tion L~. E~-[~) ..... ' Examples that Would Apply ~ Col~n ~ · Dredging ~oKe than lO0 cubic yards of ~at~rial f~o~ ~ · ' ~annet of e protected s~e~. Constriction in a desig~ate~ freShWater or tidal wetland. ~ - Q~er impacts: ~ ...................................... .. c)L) .... ~xam~les. that Would. ApplY ~ Column Z A lO~ increase or decrease in the su~ace area of any body _ - ~ of water o~ ~Ke ~an a lQ acre ]ncrease or ~ecrease. Construction o~ a 'body of water ~t exceeds lO acres af -- surface area. .' Other impacts: :~ ~ - ' N~ ES PROJECT AFFECT SURFACE OR GROU~IO"ATE~ OUALI~? ~ ~ WILL . , ,, to Colu~ 2 " EXamples ~a. J~uld Apply ~ p~ject ~ill ~quire a discharge pe~it. - P~ject requires use of ~ source of wa~e~ that does not have _ ., approval to serve p~posed praise. P~ject requires w~ter supply from wells '~ith ~nan 45 ~allons per minute pumaing cap~cit~. Const~ction or ooeK~tion causing any c~ntamin~tion : · of a ~u~lic water supply system. P~ject will ~dversaly 'affect ~un~wacer~ Liquid effluent will be conveyed off ~ne site Co facili~s whic~ aresenctY ~o not exist or h4ve inadecuac~'c~ci Project...requir~n~ a facility that .,ould use water in _ -- excess of 20.O00.gallons per day. P~ject t~ill likely cause siltation or other discha~a ~ ~', TOW~N OF SOUTHOLD ENVIRONMENTAL ASSESSMENT PART II PROJECT IMPACTS AND THEIR M_AGNITUDE General l~formatio~ (Read Carefully} -[n completing the form the reviewer should be guideo by the eueation: Have my decisions and deracinations been reasonable? The reviewer is not expecteo oo be an expert environmental analyst. Identifying teat an effect wilt be potentially large (column 2) does eot mean that it is also necessarily sienificent. Any large effect mus: be evaluated in PART 3 Co determine s~gnificence, aY identifying an effec: ~n column 2 simply asks Chat it be looked at further. - The Examples ~rovidad ar~ :o assist the reviewer by showing types of effects and wherever possible the of magn~tuoe t~a~ would trigger a ~s~onse in col~n 2. ~e exhales ~re generally applicable throughout thu State ~nd for mst situations. But, for any scec~ Fac project or si:a other ex.plea and/or lower thresholds ~y be more appropriate for a PoCen~ial Large I~ac: rating. - Each p~ject, on each site. in eachtocality, will vary. ~mrefore, the examples have been offered as guidanc ~ey do hoc constitute an exhaustiv~ l'ist of imp~ct~ and thresholds to answer e~ca question. - The number of examples per ques~on does not indicate Che impotence of each ques~i~. INSTRUCTIO~(S (~ead Carefully} a. ~swer each of the 18 ousstions in PART 2. Answer Yes if there wilt be ~n~ effect. :. Maybe answe~'should be considered as Yes answers. c. If answering Yes to a ouestion then check the am~riate box [column 1 or 2) to indic~te the potential size of ~he impact. If impact threshold equals ~r exceeqs any example provided, ch~ck column 2. impact ~ilI occur but ~hreshoId is lo.er than sxam~e, check col~n 1. d. If reviewer has doubt abou~ ~e size of the impact ~?~=consider ~e i~act as potentially large and proceed to PAR~ 3. r_.u._, by a chang~ in ~he p~ject to a less t~an large e. If a ootentially large impacs or effect can be *~' ~gnitude, place a Yes ~n column 3. A Ho respunse indicates that such a reduction is no~ possible. 1. S)~ALL TO POT~TIXL ~N I~PACT .... MODEPATE ~RGE 'REDUCED 8Y IMPACT [HPACT PROJE~ CHA~t~ ...... INPA~ ON ~NO - -. ' - WELL THERE BE ~i EFFECT AS A R~ULT OF A PHYSI~ CFA:IGE TO I .' ) ' PROJECT SITE? ~mamole~ that ~ould App]y ~ Colum~ ~ A~y co~structio~ on s)opes of l~ or gr~acer, (]~ Foot rise per ~00 foot of le~g~), or wher~ t~e Nenera] slopes (n t~ projec~ a~a exceed )05. · Constmdction on Land where the depth ~ Cna wa~ar tablM is less t~an 3 feet. - ~ Const~ctian of oared oarking are~ for l,SO: or ~ vehicles. ~nstructicn on land whe~ bedrock is exoase~ or G~nerally within 3 fmeC of existing grouno surface. -- Construe:ion cna: will ccnclnue for more than 1 -year ar involve Excavation for ~ning ~urpases that would re~ve ~ore C~an l,O00 Construction of any new sanitary landfill. -' , '[A...L TO POTE~tTIAL CA, I,.PA~T .BE · ~OOcP,.ATE LARGE REDUCED '8¥-. 9ACT I~PACT PROJECT IPPACT 0~ ~.)SUAL RESOURCE ~0 YE~ lO.. WE) L THE P~OJECT AFFECT V[[[~'S. VISTAS OR ~E VISUAL ~.~CTER OF ~iE ~EiGxBORHOQD OR COM~JNITYI .............. ~ ' ~am=les that Would Apply to ~I~n 2 A~ in~mpa~ible visual affect caused by the introduction o~ n~w mater(als, c~lors a~d/or fo~s in contrast to the sur~6ing landscape. A p~ject ~asily visible, not easily screened, that obviously diffar~t'f~m othe~ a~und it. P~ject will :res.u) t in the elimination or major " screening of scenic vi~s or vistas k~o~'n to b~ impo~ant to' th~ are~. Other i=pa~: '- -- ll. "ILL PROJECT I)':PACT ANY SITE OR STRUC~RE OF HISTORIC. NO YES Examoles..that Would Apply to ~I~ 2 P~ject occurlnq wholly or ma~ially within or c~ntiguous · o any facility or site listed ~n the National Register historic ~laces. ~y impact to an archeological site or fossil bed located within the project--site O~er impacts: ~PA~ ON OPEN SPACE & RECREATTO)~.. · 12. WILL ~E PIOJE~ AFFECT ~E OUANTITY OR OUALI~ OF_EXISTING NO 'YES --. OR ~TURE OPE,I SPACES OR REC~TIGNAL OPPOR~J,,ITIES~ ...... Examoles that Would Apply to C~l~ 2 -- ~e pe~nent foreclosure of ~ future rec~ational oppo~unity. A major ~duction of an open space i~ort~nt to the co,unity. Other ira=acts: -- IMP~ n~IT~NSPO~T~TrO~ 13. WILL THE2E 8E AN EFFECT TO EXISTING T~NSP~RTAT~ON NO YES SYSTemS? · Exammles that ~uld Apply to ~lumn 2 Alteratfon of presens mat:ems of m~vement of people ,- ano/or ~Project will result in severe :raffic problems. Othor im:act$: ...--- S~IALL TO POTE~qrTIAL CA[I IIiPACT '' qOOE?~qTE LARGE REDUCED ~?ACT I~PACT PEOJ ECT CHAMGE Other Impacts: - · 6. W~LL PROJEC? ALTER DP~IN~GE FL='~, PAT~RflS OR ..... ~ TM ~ 20 , . Ex,mole tha~ ~.~ould Apply ~ Col~ 2 : P~jec: would ~moede flood wa:er T~ows. O~h~r impacts: ~4PACT ON AIR, ~lO Y~5 '" P~ject will induce 1,~O or mo~ vehicle trips in any ~ves .. P~ject will result in the incineration of mo~ than I ton. '_ mm P~ject emission rate of all con~inan~s ~ili exceed S ~ - lbs. per hour er a heat source producing :ora than lO million BTU's per h~ur~ Other impacts: Examsles %hat Would Ap~ly t~ Col~ ~ Reduction of one or ~ species listed on the ~Tew York - - - or Federal lis:, using the site. over or near si:e :r found on the site. R~val of any portion of a critical or significant wild- ' ! Application of Pesticide or ha¢icide over mo~ than ,,, 9. ' ~' ~ ~ -~"-~ ' ,. -,~-c T~ ~ ,~ XO YES W,-. PROJECT .U-S* ,,~ ,ALLf AFFECT O J- ,,~ -, - "R Exa~sle that ~-lould Apply co Column 2 S~.ALL TO POT~tTrAL CAN !;:PACT"~--' ~IOO EP~a.T~ LA~GE REDUCED I MP,~CT ' Examoles that '~auld Apply to Column2~-~v , · P~ject re~ui~ing t~e c~eation or ex~ensio~ of an e~e~y ., or ~o family residences. . Other tmpac~: , IMPACT ON NO~SE - -.~ WILL ~ER~ BE OBJECTIO~4ABL~ ODORS., NOISE, G~ARE, VZB~ATIQN NO YE br ~ECTRZ~L DISTU2~A~4CE AS A R~SULT OF THIS PROJECT! .... ~x~mDles that l~ould Apply ~o Colu~ 2 Blasting within I ,~O ifeet of a hospital, school or other · _ sensitive f~cilit7. Odo~ will occur ~ut~ely ~re than one hour per day). p~ject will ~duce operating noise exceedino the ~je¢t wilt re~ve n~Cural barriers that would act as a no,se screen. Other im~ac:s: t~PA~ O~) HEALTH & NO YES Exam~l~s thmt Would Apply ~o Column 2 P~jec: will cause a risk of explosion or release of hazardous substances {i.e. oil, pesticides, chemicals, radiatiom, etc.} be a cn~nic Iow level discharge or emission. P~ject that will ~sult in the burial of "hazmrdmus wastes" {i.e. toxic, :oisomous, highly reactive, radioactive, irritating, infectious, e~c., includin~ was:~s thaC are solid, semi-solid, liquid or contain gases.) Storace facilities for cna million or more gallons :f liquified ~'17. WILL PROJECT AFFECT THE CNAPACTER nF THE EXISTPIG ))0 YES ...... ' "OO CB.~,"J.~ ............................................... Examole that Would Apply to Column 2 The oopula~ie~ of the City, Town or Village in which the _ ~ project is located is likely to grow oy more roan 5.~ o~ resident human popular, ion. The municipal budgees for caoital ex:enditures or opera- -- _ -- ting services will increase oy more than S~ per year as a result of this prejee:, :" Will involve any mermanent facility of a non-agricultural -- use in an agricultural district or remove prime agricultural lands from cultivation. The project will replace or eliminate existing facilities, stud:tufas or areas of historic impor:~nce to the comm.,unity. Oevelepment will induce an influx of a particular age ..... '- group with special needs. Project will se: an ~mpe~ant precedent for future orojects Project will relocate 15 or more enmloyees in one or more ....... businesses. Other impo:ss: . - NO ' YE IS TI~ERE PUBLIC CONTROVERSY CO"CER~)ING 'T'"E PROJECT? Ex:_m. otes that Would Apply ~o Colu~ 2 Either government ~or citizens of ~djacent co.unities have expressed opposition or rejected the o~.jecs or nave no: been contacted. . Objections to the :~jec: f~m wi~in the co.unity. J IF A:~Y ACTIO)I IN PART J POTENTIAL LARGE IMPACT OR IF J ~E MAG~II~DE OF P.LqACT, PORTIO~tS OF ~ COMPL~D FOR ~4IS PROJECT: DETE,GHI~ATION ..... PART I PART II , PART 3_ ' Upon review of the information recorded on this FAF {Parts l, 2 and 3) and ceneiderin~ both the magnitude and ir~ortance of each imeac:, it is reasonably determined that: PREPARE A ~EGATI~E OECLARATIO~ will resul~ in nm major imoacte and, therefore, A. ~e is one which may not cause significant damage ~ the enrichment. B. Although the ~roject could have a significant effect on the env~nmen=, :here will nec ne a sign~fic~n~ e~fac: in :his casa PRE,ARE A NECATIVE DECLenSION C. The ~rojecl will result in one or mor~ major a~verse i~acts PREPARE POSITIVE OECLARATIO~( PROC~2D ~I~ , that cannot be reduced and may cause significant damage Co Oa~e Signature Agency Signature of Preparer Lif aifferen: from responsible cffice~) Print or type n~e of responsible off'~ tm Lead A~ency TOWN OF SOUTHOLD ENVIi{ONME~NTAL ASSESSMENT- PART III EVALUATION OF THE IMPORTANCE OF IMPACTS - Part 3 iS preoared if one or.more impact or effect is considered to be ~otentially large. - The amount qf writing necessary to answer Part 2 may be determined by answering :he question: In brlefly campleting the instructions below nave I mIaced in t~is record sufficient inforr~,ation :o indicate one ~e~son&oleness qfmy ~cisions? INST?.UCTIO~;S Complete the following for each impact or effect identified in'Column 2 of Part 2: 1. Briefly describe the impact. _ 2. Describe (if aopllcable) how the impact might be mitigated or reduced to a tess than iarge impact by a pro- ject change. 3. Based on the info~.,ation available, decide i? it is reasonable to conclude that this impact is imnortent to the minicipality (city. town or village) in which the projece is located. To answer the question of importance, consider: l'ne probability of the impac: or effecc occurring The duration of ~e impact or effect Its irreversibility, including pe~anently los: resources or values Whether the impac~ or effect can be controlled The regional consequence of theimeac: or effect Its potential divergence from local needs ~nd ~qals Whether known objections tq the proJe~ apoly to this impact or effect. OETE~M~NATiON OF BI~iIFtCA~ICE An action is considered to be significant if: ' One {or more) imqac: is de:erm..ined ~o both ~er~e and its (their) consequence, based on the review PART III STAT~4ENTS · (Continue on Attachments, as needed) NEW~ORK STATE DEPARTMENT OF ENVIRON.',tENTAL CONSERVATION PERMIT UNDER T~{E E~VI~HTAL CG~E~VAT~O~ ~ ~ AETICU 15. (Pm~io. of ,ater) ~ A~C~ ~. (Tidal WeTlands) AB~C~ 34, (F~s~te~ WelJa~s) ~ A~IC~ 36, [C~slr~i~n in F]~ Ha~d Areas) ~,T ~SSU~O T~ Ted Dowd * -~ · ierra Verde, Plorida 33715 LOCATION OF~mOJECT(S~tio. ~ ~trea~ Udal ~l~d, ~ b.~lflg~r~ a~d so~th sid~'~ of Rabbit Lane, ~rion ~e and Gar4~ners Bay, Eaa~ ~rion. Oonst:u~ a single f~ily dwelltn~ on south side of Rabbit Lane approx~ately 19' landward or:mean hig~ water ~a:dl~ers Bay). 'Install sanitary system for ~his lot on applicant's p~rty on the north side qf Rab~ ~ne, approximat~ 150' landward *of ~an" hig~ water ~d i25' mou,~ of 'Lake ~a~ion. Construct ~ingle family ~wellings with decks on north side of ~bbit L~e *** [cent. on COMMUNi~ NA~ (City~ I0w~, " ' ' I TOWN back) ~st Marion ~ ' ~ Southold Jco6mYsuffolk :' jF, co. o ,Tr,o, j ' j PEmUT EXPiaTION D*T~6/30/87 GENERAL CONDITIONS 1. The ~mittee shall tile In the office of the a~rowiale ~81o~1 8. ~al t~ Stare of New York shall in no case be liable for an~ damN: prom~ly in writing,of the completle~ ol t~ work. improve~nt of navigaUon, or for othe~ purposes, a~ no claim or right com~nsaUon shall a/cr~ from any such damage. 2. The ~rmit~d ~rk shall te sublect to ins~tian by an order lhe work sus~nded if the public interest so ~equires. is not ~he~ise pmvtded for by law, such lights a~ signals as m~y be scri~d by Ihe United S~ales Coast Guard shall be installed and main~air 3. As a co~ition of ~he ~ssuance of this pe~it, the appllcanl ha~ a~. b~ a~ al the ex.rise of the owner. cepted expressly, b'y ~he execuU~ o[ the application, Ihe full legal sib~lily ~or all damages~ di~ecE or I~ire~ o~ whatever nal~re, a~ by ~o~ lO, All work ca.ied out unde~ ~his pe~m~l shall be ~Hormed in acc at t~ I~calily shown on Ihe dra~l~18 hel~lo a~lached, ~nd, ~f eD ~esr~lbe4 silo I~ il~ fnrmer co.ilion. Ho claim shall be made a~ainst t~ S~a~e o[ t~reen, within or beh~ a go~ a,td aub~lan~ial bulkhead ar bulkheedl, Im ~ Ynrk ~m account Diary such ~emoval or a~tmalian. ~ (9/75) (SEE IEV~SE SlOb) DESCRIPTION OF PROJECT (.cont.) approximately 50~ south of Marion Lake. Sanitary systems for three northerly lots will be'locate~ between housesand Rabbit Lane approximately125', s~uth o~ Marion Lake and 150t landward of mean high water. Approximately 500 cubic ~ards of clean fill wiI1 be trucked In ~ laced within i$I of the~base of three SPECIAL CONDITIONS · ~'~-~ 1. There shall be no disturbance to the vegetation or topography within 35' of Mari~n Lake. 2. Ear. the three houses on Marion Lake, not more than twenty percent (20%) of the lot &rea =an be co'.vered by impervious surfaces. 3. All. constru~tion must meet local and Federal flood plain ordinances. SPECIAL CONDITIONS A THROU6~ J ATTACHED. SPECIAL CONDIT]0N ~ ATTACH~.D. ~ PERMIT ISSUE DATI: J PERMIT' ADMI NI STRA-TOR ~'~, ~ ~-'_ z i~c~ {r~ ]1 ~ ADDRESS Bld~. 4Q, gu~y, Stony~rook ,NY 11794 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. I 1971 CERTIFICATE OF OCCUPANCY No. Z13895 ............ Date ..qg~P~...% This CERTIFIES that the Lot . Vacant Location of Property 350 - Rabbit Lane House # Street county Tax Map #, Section..'.A%% ....... Block ..... %P .........Lo=..qg~ ........ Subdivision ....... ~ ..................... Filed Map # .......... Lot ~ ........... conforms substantially to the applicable provisions of the Zoning Code of the Town of Southold. The premises are located in the A- Residential- Aqricultural Zoned District and may be used for such uses as are presently authorized by the Zoning Code in such district subject to, however, all of the requirements of the Zoning Code. The certificate is issued to SCHIMATZ, JACK (owner, of th~ aforesaid lot.....~...~,/[,~,,Z~,,,~,,~,,,,.~%~.Z Building Inspector Rev 1/85 Lal eview Terrace Road Association P.O. Box 357 East Marion, NY 11939 September 03. 1986 Board of,Town.Trustees Town of Southold Town Hall South01d~ NY 11971 Re: Bay Avenue Project, East Narion Ted Dowd Application Dear President Henry P. Smith Trustee John N. Bredemeyer Trustee Philip Goubeaud Trustee Albert Krupski, Jr. Trustee Ellen N. Larsen s At the Annual Neeting of the Lakeview Terrace Road Associa- tion on Sunday, August 31st, it was resolved that the following points be brought to the attention of the Board of Town Trustees in addition to the remarks made on behalf of the Association at your August 28th meeting~ 1. The piers on the Bay Avenue bridge are approximately 15' 7½'' ap~rt. For decades until Nay - June 1986, open water under the brzdge has remained at approximately 12' 6½''. The passageway at this date measures 6' ~'' wzth a slope from 0 to a depth of 23''. That is a loss of 6' 1'' in width in ~ months or so. The Hurricane of 1938 did not wreak devastation of that type. Nan did! 2. The residents wish to have their right of passage and access from the east lake to the west restored. 3. Inasmuch as the President of the Trustges wrote to Nr. Luscher on July 25th, five weeks ago, relative to debris by the bridge in the lake, what has been done? 4. Inasmuch as East Narion Fire Department Policy bans the use of the bridge by its vehicles and the Highway Department has advised Oysterponds School Superintendent Charles Woznick not to use the bridge for school bus transportation, the message is loud and clear that the bridge is unsafe for large vehicles. Our Associa- tion recommends that the weight limit of the bridge be posted again and that the regulation be enforced. An accident on the bridge through failur~ of same could cause serious personal injury or death and could have a disaster6us impact on the lake and wildlife. 1 of 2 5. As the proposed application of Ted Dowd is of no positive benefit to improve the environment of Rabbit Lane, Marion Lake, or the Bay, the Association recommends that the application be denied. As the site has no potable water thereon, it mdst be pumped inland of the 13 wells of the Association members which is a concern for the future quality of our water. That topic should be addressed now and not later. The building site would be a'source of phosphates, nitrates, and pesticides for the Bay and/or the Lake. It would have a deleterious impact on the area. How much is enough? I have been selected by the Association to conduct any on.site tours if you wish. Thank you for your anticipated close scrutiny of the situ- ation. ere y.j / cc: Mr. Raymond Jacobs, S~pt. of Highways ~own Board Mr. Gary Tabor, Contractor Mr. Ted Dowd Dr. ~artin Garrell, CAC Mrs. Ruth Oliva, NF Environmental Council Mr. Walter Gaipa, Chief of EMFD Mr. Charles Woznick, Supt. of Oysterponds School District Mr. Norman Woodcock, President- Road Association 2 0f2 -- · .O. Box ~7' East Madon, NYl1939 September 03,1986 Mr. Raymond Jacobs, Superintendent Southold Town Highway Department Peconic Lane Peconic, NY 11958 Re: Bay Avenue Project Dear r~r. Jacobs, ~ ~he membership meeting of the L~keview Terrace Road Association on August 31, 1986 many topics were included in the discussions, but of paramount foci were the physical condition of. Bay Avenue, the siltation under the bridge, and the lack of a bridge weight limit sign. It was resolved that-the following points were to be brought to your attention: 1. The east side of Bay Avenue is an eyesore for a project which started as long ago as April 1?th with relatively no activity since Saturday, August 2nd. A. The drainage from Lakeview Terrace south goes onto t~e bridge which was not the case heretofore. Silta- tion of the lake has resulted. The contractor has ac- knowledged this by_returning at least twice in July and August to replace washed away s6il. The s0il ran down the east side of the road, onto the bridge, and into the lake. The water opening under the bridge has been re- duced from 12' 6½'' to 6' 6''. A boat can no longer navigate under the bridge. The Association expects the right of passage to be restored. What the hurricane of 1938 did not do, man did~ B. The entire project gives a slipshod appearance. C. At least one house water connection box and the large water connection box at the southeast corner of Rabbit Lane and Bay Avenue project above the surface of the ROW of Bay Avenue and are a hazard. D. Debris was left in the lake E. A trench was cut in the blacktop of the entrance to Lakeview Terrace. Common courtesy by the contractor would indicate patching immediately. lof2 F~ An inspectorfor the Board of Under.wFi~ers Lab in- dicated that the yellow marker or ribbon had not been buried with the electric cable in the trench. This can lead to a dangerous situation in the future as part of the run contains a gas line with the water pipes and electric cable. When may we expect the contractor to restore the ROW to its original or better condition~with the proper drainage, to remove the debris and silt from the lake, and to assure everyone all codes have been met? 2. The members of the Association are concerned with the safety of the bridge which was built over 60 years ago to serve a few cottages. I~smmch as East Marion Fire Depart- ment Policy bans the use of the bridge by its vehicles and your deparment has advised the Superintendent of Oyster- ponds School District, Mr. Charles Woznick, not to use the bridge for school transportation, it is readily apparent the bridge is unsafe for large vehicles. The State has posted "NO TRUCKS WITH R PERMITS" on ei- ther side of the Dam Pond and the Greenport railroad bridges. What is to prevent one of these rigs coming out the LIE onto the North Road onto Bay Avenue and across the bridge? · . The ~soclat~on-~ that the weight limit sign for the bridge be posted again and the regulation enforced. An accident on the bridge through failure of same could cause serious injuries or fatalities and would have a catastrophic impact on the lake and wildlife. We know that you have conducted personal on-site inspections and appreciate it. Sincerely, cc. The Town Trustees ,~he Town Supervisor and Town Board Dr. Martin Garrell, CAC Mrs. Ruth 01iva, North Fork Environmental Council Mr. Walter Gai pa, Chief of EMFD Mr. Charles Woznick, Superintendent of Schools Mr. Gary Tabor, Contractor Mr. Ted Dowd Mr. Dennis Cole, DEC Mr. Norman Woodcock, President of the Association 2 of 2 145 Lakev~w Terrace PO Box 357 East Marion, NY 11939 August O1, 198~' Mr. Frank Murphy, Supervisor Southeld Town Hall ~ain Road Southold, NY 11971 Dear Nr. ~urphy: Thank you for your letter of July 28, 1986. I accept with pleasure your invitation for me to meet with t~e~.enti~re South--~ old TownBoard and all the Departments involved in the Rabbit Lane-Bay Avenue project. In'deference to my health, I respectfully request that the meeting not be scheduled before 9~00 AMo As to the date, any day with four or five days notice would be convenient for me, I await word as to the date, time. and place of the meet- ing~ P.O. Box 7§4 East Marion, L.I. New Y~rk 1'1§G9 September 29, 1987 Board of T~stees Town of Southeld !~wnHall Southold, N T 11971 Attention: Mr. Henry P Smith President Gentlemen: I would like to call your attention to a rapidly worsening situation regarding Marion Lake at East Marien. ~ring 1985 a contractor, Ga~y Tabor of ~ien~, dug a trench on the eas~ side of Bay Avenue to bury water con- duits and electrical wires leading to new construction on Rabbit Lane. During the ti~.e the trench was open we experienced exceptionally heavy rainfall which washed thesoil from the trench down To the bridge where it subseG~ently washed into the channel beneath the bridge. This channel joins the two bodies of water forming Marion Lake. There was no effort on the part of Tabor to correct the problem and this condition is now deterio- rating to a point where ~e closing of the channel under the bridge appears i~minent. The channel formerly measured approximately 12½ feet prior to ME. Tabor~s work. It is now approxzmately~ feet and narrowing. The soil that washed down resulted in phragmites taking root at the north side of the chanuel. As The phragmites grew, additional soil accumulated around the roots. The soil and the phragmites a~e literally feeding on each other and ~ae channel is closing. At the present rate the channel will probably close by the su~kmer of 1988. I feel this problem deserves your i~mediate attention as the proliferation ef phragmites seems to foretell the death of a beautiful na~ra! resource. I will remain at 120 Rabbit Lane until the end of October and would welcome an opportunity 0o mee~ with you cr a representative in an effor.t '~ solve the problem. #g?7 0582 -. SUFFOLK COUN-Y, NEW'YORK NO. 3 334 000 FEET