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HomeMy WebLinkAboutGEORGIOPOULOS, CONSTANTINE (2)BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 July 12, 1985 Mrs. Abigail A. Wickham, Esq. Main Road, P.O. Box 1424 Mattituck, New York 11952 Re: Application No. 240 Constantine P. Georgiopoulos Dear Mrs. Wickham: The attached resolution was adopted by the Southold Town Trustees at a regular meeting held on June 26, 1985, with reference to the application above referenced. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferllng Secretary to Board Attachment cc: Mr. George J. Bambrick // Mr. Gerald Jacobson J Mr. Stanley Posessj Mr. Charles Wild~ Mr. & Mrs. Collins~ Mr. & Mrs. Kenneth Richter~ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 728 Southold, New York t 1971 TELEPHONE (516) 765-3.892 April 22, 1985 Mr. & Mrs. Kenneth E. Richter 196 16 42 Road Flushing, New York 11358 Dear Mr. & Mrs. Richter: Please be advised that this office is in receipt of your letter dated April 17, 1985 regarding the wetland application for Constantine Georgiopoulos. The Board will review your letter at their May 1, 1985 meeting. Very truly yours, Henry P. 'Smith, President Board of Town Trustees Ilene Pfifferling, Secretary cc: Trustees File BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 April 22, 1985 Mr. & Mrs. Charles Wild 24-44 ~69 Street Flushing, New York 11357 Re: Constantine Georgiopoulos Wetland Application Dear Mr. & Mrs. Wild: This office is in receipt of your letter dated April 19, regarding the above referenced matter. Please be advised that your letter will be reviewed at the May 1, 1985 meeting of the Board. CC: Trustees File Very truly yours, Henry P. Smith, President Board of Town Trustees Zlene Pfiffer~g, Secretary BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 April 22, 1985 T~LEPHONE (516) 765-1892 Mr. Stanley Posess C/O Kenney's Beach Civic Association, P.O. Box 881 Southotd, New York 11971 Inc. Re: Wetland Application CoDstantine Georglopolis Dear Mr. Posess: This office is in receipt of your letter dated, April 19, 1985 regarding the above referenced application. Please be advised that the correspondence will be reviewed at the May 1, 1985 Trustee Meeting. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling, Secretary cc: Trustees File BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 NOTICE OF RECEIPT OF DRAFT ENVIRONMENTAL IMPACT STATEMENT Date: March 27, 1985 APPLICANT: Abigail A. Wickham, Esq. on behalf of Constantine P. Georgiopoutos ADDRESS: Main Road - P.O. Box 1424 Mattituck, New York 11952 PERMIT APPLIED FOR AND APPLICATION NUMBER: Wetland Permit Application number 240 PROJECT DESCRIPTION: To fill lot with approximately 2000 cu. yds. of of~-site ~i11, in order to ~aise elevation 8 feet and construct a single family residence.' PROJECT LOCATION: 180 Lake Court, Southold, New York. Pro3ect is on Great Pond. .suffolk County Tax Map No. 100-59-5-5 SEQR DETERMINATION: A Draft Environmental Impact Statement has been prepared and is on file for this project. SEQR LEAD AGENCY: Southold Town Trustees AVAILABILITY FOR PUBLIC COMMENT: The Draft Environmental Impact Statement may be reviewed at the address listed below. Comments on project must be submitted to the Contact Person indicated below no later than April 26, 1985. CONTACT PERSON: Henry P. Smith, President (516) 765-1892 Board of Town Trustees Town Hall Main Road Southold, New York 11971 the Received By: ~ate: ~/~//~ PLEASE PUBLISH ONCE, April 4, 1985, AFFIDAVIT OF PUBLICATION TO MR. HENRY BOARD OF TOWN TRUSTEES, SOUTHOLD TO~fN SOUTHOLD, NEW YORK 11971. Traveler-Watchman AND FORWARD ONE (1) P. SMITH, PRESIDENT HALL, I~AIN ROAD, COPIES TO THE FOLLOWING: Suffolk ~imes~ - L.I. Traveler-Watc~nan Town Clerk's Bulletin Board Charles T. Hamilton, DEC Stony Brook Commissioner Williams, DEC, Albany Southold Town Buildin~ Dept. Southold Conservation Abigail A. Advisory Wickham, Esq. on behalf of Constantine Georgiopoulos BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1197t TELEPHONE f 516'1 765-1892 March 27, 1985 Mr. George J. Bambrick 46 Cedars Road caldwell, New Jersey 07006 Re: C. P. Georglopolos Dear Mr. Bambrick: Please be advised that we are in receipt of your letter dated March 19, 1985 regarding the opposition of the application of C.P. Georglopolos to construct a single family residence on a Freshwater Wetlands adjacent to Great Pond and Lake Court in Southold. Your correspondence has been placed on the agenda for the Trustee meeting this evening, and the Board of · rustees will review same. Thank you for your consideration. Very truly yours, Henry P. Smith, President Board of Town Trustees Itene Pfifferling, Secretary HPS:ip cc: Trustees Building Dept. Zoning Board BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 March 27, 1985 Mr. Gerald Jacobsen 1915 Lake Drive Box 1441 Southold, New York 11971 Re: Permit No. 10-85-0023 Dear Mr. Jacobsen: Please be advised that we are in receipt of your letter dated March 22, 1985 regarding the above referenced permit. Your correspondence has been placed on the agenda for ~Tis svening, and the Board of Trustees will review Thank you for your consideration. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling Secretary to Board cc: Trustees File Building Dept. Zoning Board of Appeals BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 728 Southold_ New York 11971 TELEPHONE {516~ 765-1892 S.E.Q.R.A. SIGNIFICANT ENVIRONMENTAL DECLARATION NOTICE OF SIGN!PICANT EFFECT ON THE ENVIRONMENT Dated: March 27, 1985 Pursuant to the provisions of Article 8 of the Environmental Conservation Law, Part 617 of Title 6 of the New York State Codes, ~Rules and Regulations, and Chapter 44 of the Southold Town Code, the Southold Town Trustees, as lead agency, does hereby determine that the action described below is a Type I action and is likely to have a significant effect on the environment. DESCRIPTION OF ACTION Applicant Abigail A. Wic~ham, Esq. on behalf of Constantine P. Georgiopoulos proposes to fill lot with approximately 2000 cu. yds. of off-site fill to raise elevation 8' and construct a single family residence on property located at 180 Lake Court, Southold, New York. Suffolk County Tax Map NO. 1000-59-5-5 Further information can be obtained by contacting Mr. Henry P. Smith, President, Board of Town Trusteees, Southold Town Hall, Main Road, Southold, New York 11971 Copies to: Charles T. Hamilton, DEC, Stony Brook commissloner williams, DEC, Albany Southold Town Building Department Southold Town Conservation Advisory Council Town Clerk's Bulletin Board Abigail A. Wickham, Esq. on behalf of Constantine Georgiopoul BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1692 To: From: Re: Robert N. Thurber D.E.C. Contact Person Southold Town Trustees Lead Agency Coordination Request Dated January 28, 1985 Date: February 14, for C. P. Georgiopoulos 1985 Southold Town Trustee jurisdiction in the above referenced matter is for a permit pursuant to Chapter 97 from the Code of Southold Town "Wetlands." Specifically as defined in 97-13 B "Freshwater Wetlands." This Trustee Board defers lead agency status on this application to your agency as a result of N.Y.S. D.E.C. stated policy. To maintain lead agency for all pro3ects on this and similar Class I bodies of water, as stated by your Freshwater Wetlands map and personnel of your Department at public meetings here. Issues A. B. C. E. F. G. not limited to: Protection of Wetlands/Rare plant species. * Loss or endangerment of beneficial plants/fish/wildlife.* Loss of critical habitat for endangered/threatened species of Fish/Wildlife. (* Check should be made reference to carnivorous plants and spotted salamanders known to inhabit several areas not necessarily in situs.) Impact of cesspool generated nutrients and toxic wastes. Impact/Alteration of flooding on neighboring properties. Impact of seasonal flooding on site. Impact on potential use as water supply. cc: C.A.C. Trustees BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (5161 765-1892 December 13, 1984 Mr. Charles T. 5amilton Alternate RegionalPermit Administrator N.Y.S. Dept. of Environmental Conservation Building 40, SUNY - Room 219 Stony Brook, New York 11794 Dear Mr. Hamilton: Attached herewith is a copy of a certified copy of the Resolution adopted by the Town Board at a meeting held on May 24, 1984, regarding the application of Constantine Georgiopoulos to fill on property in Southold. I have attached a copy of the new application submitted to the Trustees and a letter requesting that you may wish to be the lead agency on this application. The Trustees would appreciate your cooperation and help regarding this matter. Please note for reference your application number is 10-82-1102. Very truly yours, Henry P. Smith, President Board of Town Trustees Secretary to Board Attachments BOARD OF TOWN TRUSTEES TOWN OF SOLrfHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 N~vember 27, 1984 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 RE: Lead Agency Coordination Request - Constantine P. Georgiopoulos Wetland Application No. 240 submitted by Abigail A. Wickham, Esq. Dear Mr. Hamilton: The purpose of this request is to determine under Article 8 (State Environmental Quality Review - SEQR) of the Environmental Conservation Law and 6NYCRR, Part 617: 1. Your jurisdiction in the action described below. 2. Your interest in assuming the responsibilities of lead agency. 3. Issues of concern which you believe should be evaluated. I have enclosed a copy of the application and a completed Environmental Assessment Form to assist you in responding. PROJECT DESCRIPTION: To fill lot with approximately 2000 cu. ft. of off-site fill, in order to raise elevation 8ft. and construct a single-family residence, on property located at 180 Lake Court, Southold, New York, on Great Pond, Suffolk County Tax Map No. 1000- 59-5-5. Please see attached application. Please respond as soon as possible. Very truly yours, Henry P. Smtih, President Board of Town Trastees~ HPS:ip cc: Commissioner Will'ams/ Building Dept.~-~ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1 !.971 TE LEPH Oi,,rE f516'1 765-1892 ~gvember 16, 1984 F~r. Frank Cichanowicz, III, Chairman Southold Town Conservation Advisory Council Southold ~own Hall Southold, New York 11971 Dear Mr. Cichanowicz: Transmit%ed herewith is application no.240 for a wetland permit submitted by Abigail A. Wickham, Esq. submitted on behalf of Constantine Georgiopoulos. 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 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONI~ f516~ 765-1892 Date: November 16, 1984 To Whom It May Concern: Attached hereto is a Short Environmental Assessment Form submitted by Abigail A. Wickham, Esq. on behalf of Constantine P. Georgiopoulos in connection with his application for a Wetland Permit to fill on property located at 180 Lake Court, Southold, New York. Henry P. Smith,- President Board of Town Trustees Posted on bulletin board November 16, 1984 JUDITH T. TERRY Tow~ CLERK REGISTRAR OF VITAl. ST&TISTICS ? OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAX 24, 1983: WHEREAS, Abigail A. Wickham, Attorney, on behalf of Constantine P. Georgiopoulos applied to the Southold Town Board for a permit under the previsions of the Wetland Ordinance of the Town of Southold, application dated January 14, 1983, and WHEREAS, the said application was referred To the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 19th day of April, 1983, at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Abigail A. Wickham, Attorney, on behalf of Constantine P. Georgiopoulos be denied permission under the provisions of the Wetland Ordinance of the Town of Southold to fill lot with approximately 1000 cubic feet of off-site fill, in order to raise elevation five fee~ and cons~ruc~ single family residence a~ 180 Lake Court, on Great Pond, Southold, New York. This denial is without prejudice because the Town Board has not received the Draft EnvironmenTal Impact Statement. STA'I:E OF NEW YORK COUNTY OF SUFFOLK Office of the Clerk of the J TOWN OF SOUTHOLD ~, i~'dL,, '- / (SEAL) ( This is to certify that I, Judith T. Terry, Clerk of the Town of Southold, in the said County of Suffolk, have compared the foregoing copy of resolution with the original resolution now on file in this office, and which was passed by the Town Board of the town of Southold in said County of Suffolk, on the ....2..4...t..h..... day of ....... .~gX. ..................... 19.8-.3...., and that the same is a correct and true transcript of such original resolution and the whole thereof. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Town this ...2...~..g..h...... day of ........... ..M.g]. ..................... 19_..8..3.. .......... Clerk of the Town Board, Town of Southold, County of Suff61k, N. ¥ RESOLUTION - No. 18. EsoLVED the declare itse f lead that Southold Town Trustees ~[~n~er:~rt~ft~S~i~~n~s~tnYe~V~e:rgiopoulos submitted by Abigail A. Wickham a Wetland Permit on certain property located at 180 Lake Court, , New York FOR YOUR INFORMATION This is a re-application. On May 10, 1984 the Town Board had declared that this project would have a significant effect on the environment, and a DEIS was requested, but never submitted. The Town Board denied the application, without prejudice. (time limit.) Now they have re-applied, and the new application is a request for a greater amount oi filling,, from 1,000 to new of 2,000 Approx. They have also submitted a completed DEIS, which is in the office if any one of the Trustees wishes to review same. Previous Wetland Application No. 120. ~ECEiVED T=w~ C;erk Se. uf~old BOARD OF TOWN TOWN OF $OL'I'HOLD Town Hall. 53095 Main Road P.O. Box 728 Southold, New York 11971 TRUSTEES March 2, 1983 ~ELEPH O~Nq5 (516) 765-t801 Mrs. Judith To Terry, Town Clerk Town Hall Southold, New York 11971 Dear Mrs. Terry, The following action was taken by the Board of Southold Town Trustees at a regular meeting held March 1, t983: RESOLVED to recommend to the Southo!d T6wn Board dis- approval of the wetland application, ~120, of Constantine Po Georgiopou!os to fill lot with approximately t000 cubic feet of off-site fill, in order to raise elevation 5 feet and construct a single-family residence° Very truly yours, Board of Town Trustees Paut Stoutenburgh~ .Pres PS/ip Moved by Trustee Bednoski seconded by Trustee Kujawski 1. WHEREAS, the application by Abigail' Wickham on behalf of Constantine Georgiopoulos for a Town Wetlands Permit has been received, and WHEREAS, a Draft Environmental Impact Statement has been submit'ted by the Land Use Company on behalf of Constantine P. Georgiopoulos for the same Wetlands Permit WHEREAS, a thorough review by the Trustees and comment by the public at the public hearing indicate the Draft Environmental Impact Statement is likely to be a true and accurate accounting of the facts surrounding this application RESOLVED the Southotd Town Trustees accept the Draft Environmental Impact Statement as complete. Vote of Board: Ayes: All This resolution was duly adopted Mo~ed by Trustee Kujawski seconded by Trustee Bednoski 2. WHEREAS, the thouroghness and completeness of the Draft Environmental Impact Statement was supported by all parties at the Public Hearing WHEREAS, no new relevant information, questions or mitigation measures were advanced at the Public Hearing RESOLVED that the Draft Environmental Impact Statement for the application of Constantine Georgiopoulos together with all conuments and responses thereto Environmental Impact Statemen~ for proceed with the application. Vote of Board: Ayes: All This resolution was declared duly adopted. shall be deemed the final this project and shall Moved by Trustee Bredemeyer seconded by Trustee Kujaws~i 3. WI{EREAS, the Environmental Impact Statement submitted on behalf of Constantine Georgiopoulos clearly indicates the following conditions may prevail as a result of the placement of 2,000 cu. yds. of fill upon the subject parcel: 1. Some 11,500 sq. ft. of wetlands will be lost forever. 2. Aquatic vegetation, fish, wildlife and their habitat may be destroyed or severely altered forever. 3. Flooding conditions may be altered 6f created. 4. The ~atural movement of water in seasonal flooding will be altered. 5. The public health, safety and welfare may be jeopardized by the discharge of toxic chemicals and biological waste of domestic origin in closa proximity to a wetland and a body of water currently used for swimming and with potential use as a potable water supply. WHEREAS, these five (5) impacts constitute a majority of items in direct contradiction to the nine standards set forth in the wetland ordinance necessary to obtain a permit WHEREAS, these impacts can not be mitigated with the evidenca presented, and WHEREAS, this parcel is greater than 90% vegetated'by wetland species WHEREAS, the people of Southold Town singularly and in associations have spoken at public hearing in unanimous opposition to this application,and WHEREAS,the Trustee Body having diligently examined the facts in connection with this application believes this wetland unfilled is in the best'interest of the people of Southold Town, County of Suffolk, New York State RESOLVED the Southold T~wn Trustees deny the application of Constantine Georgiopoulos for a wetlands permit, pursuant to Chapter 97 of the Codes of the Town of Southold. Vote of Board: Ayes: All This resolution was'declared duly adopted. WHEREAS, the application by Abigail'Wickham on behalf of Constantine Georgiopoulos for a Town Wetlands Permit has been received, and WHEREAS, a Draft Environmental Impact Statement has been submitted by the Land Use Company on behalf of Constantine P. Georg!opoulos for the sa~e Wetlands Permit WHEREAS, a thorough review by the Trustees and comment by the public at the public hearing indicate the Draft Environmental Impact Statement is likely to be a true and accurate accounting of the facts surrounding this application RESOLVED the Southold Town Trustees accept the Draft -- Environmental Impact Statement as complete. 2L_ WHEREAS, the thouroghness and completeness of the Draft Environmental Impact Statement was supported by all parties at the Public Hearing WHEREAS, no new relevant information, questions or mitigation measures were advanced at the Public Hearing RESOLVED that the Draft Environmental Impact Statement for the application of Constantine Georgiopoulos together with all comments and responses thereto shall be deemed the final Environmental Impact Statement for this project and shall proceed with the application. WHEREAS, the Environmental Impact Statement submitted on behalf of Constantine Georgiopoulos clearly indicates the following conditions may prevail as a result of the placement of 2,000 ~u'. yds. of fill upon the subject parcel: 1. Some 11,500 sq. ft. of wetlands will be lost forever. 2. Aquatic vegetation, fish, wildlife and their habitat may be destroyed or severely altered forever. 3. Flooding conditions may be altered ~f created. 4. The ~aturat movement of water in seasonal flooding will be altered. 5. The public health, safety and welfare may be jeopardized by the discharge of toxic chemicals and biological wastes of domestic origin in close proximity to a wetland and a body of water currently used for swimming and with potential use as a potable water supply. WHEREAS, these fi~e (5) impacts constitute a majority of items in direct contradiction to the nine standards set forth in the wetland ordinance necessary to obtain a permit WHEREAS,these ~cts can not be mitigated with the evidence presented, and WHEREAS, this parcel is greater than 90% vegetated by wetland species WHEREAS,the people of Southold Town singularly and in associations have spoken at public hearing in unan.imous opposition to this application,and WHEREAS,the Trustee Body having diligently examined the facts connection with this application believes this wetland unfilled is in the best interest of the people of Southold Town, County of Suffolk, New York State RESOLVED the Southold T6wn Trustees deny the application of Constantine Georgiopoulos for a wetlands permit, pursuant to Chapter 97 of the Codes of the Town of Southold. PUBLIC HEARING BOARD OF TOWN TRUSTEES MAY 22, 1985 7:30 P.M. IN THE MATTER OF THE APPLICATION N~. 240 SUBMITTED BY ABIGAIL WICKHAM, ATTORNEY, ON BEHALF OF CONSTANTINE P. GEORGIOPOULOS FOR A PE~RMIT UNDER THE.WETLAND ORDINANCE OF TEE TOWN OF SOUTHOLD. Present were: Trustee President Henry P. Smith Trustee John Bredemeyor Trustee John Bednoski Trustee Fran~dK~awski Secretary Ilene Pfifferling TRUSTEE SMITH: John~ll~.~ou~.p~e~se~r~ad~ithe3.n6tice~earing~ since it'sayour~bi~thday. TRUSTEE BREDEMEYER: "Notice is hereby given that the Town Trustees of the Town of Southold will hold a public hearing at 7:30 P.M., Wednesday, May 22, 1985, at the Southold Town Hall, Main Road, Southold, New Y6rk, on the Draft Environmental Impact Statement submitted by the Land Use Company at the request of Constantine P. Georglopoulos, Southold, New Yerk in connection with his application to fill lot with approximately 2000 cubic feet of off-site fill, in order to raise elevation 8 feet and construct a single family residence. Property is ~ocated at 180 Lake Court, Southold, New York, on ~reat Pond. Suffolk County Tax Map Number is 1000-59-5-5. SEQR Lead Agency is the Southold Town Trustees. A copy of the draft environmental impact statement is on file in the Trustee Office, Town Hall, Main Road, Southold, New York, and is available for inspection during regular business hours. Dated: May 7, 1985 By order of Henry P. Smith, President, Board of Town Trustees." I have proof of publication that it was published in the Suffolk Times, signed by Anna Lekkas. Also from the Long Island Traveler- Watchman, Barbara Forbes, and ~roof that it was published on the Bulletin Board. The following action was taken by the Conservation Advisory Council at a regular meeting held on Tuesday, November 27, 1984: "RESOLVED to recommend to the Southold Town Trustees approval of the wetland application ~240 submitted by Abigail A. Wickham, Esq. on behalf of Constantine Georgiopoulos to fill lot with off-site fill, in order to raise elevation and construct a single-family residence, Southold. The Council would like to advise that the beach grass be planted to control the run-off~ and to take special care with contouring, Frank Cichanowicz, Chairman. Conservation Advisory Council." Public Hearing in the matter of the application of Constantine P. Georgiopoulous - May 22, 1985 Page 2. There are a number of letters objecting to the project which include: Letter from Stanley Posess, Kenney's Beach Civic Association, Mr. & Mrs. Charles Wild Mr~ ~ Mrs. Walter Collins Mr. & Mrs. Kenneth E. Richter Mr. George J. Bambrick Mr. Gerald Jacobson Inc. Y~S~eS~ t~e%2r~adi~g~f the~!pu~lid~£ce for this application do~s anybody wish to speak in favor of th~s application? TRUSTEE SMITH:_~N~w is the time if anyone wishes to speak in favor of the application? ABIGAIL A. WICKHAM, ATTORNEY, ~at~itu~k~LNS~York~'I~ep~sent th~app~i6ant%~'~st~ike to ~a~b~ef~y,~h~t~as you say inspections show there are a number of small houses in the immediate vicinity of this site, and on the lake. ~T expect the addition of this ~Rshouse would only be a minimu/~al addition to any impact on the lake. ~e are planning on impacting only one third of the property as it is and it's really been cut down to a minimum~because of the fragile environment. TRUSTEE SMITH: Thank you. Does any one else have anything to say. in favor of the application? (No response.) Does an~ one wish to speak against this application? Stand up and state your name please. RUTH OLIVA, North ~ork Environmental Council: First of all I would like to compliment Mr. Bo~an on the Draft Environmental Impact Statement, it was really the best I've ever read. I really think he has proven his case that it shouIdnf.t be done, for the reasons of run off discharge into the lake and wetlands. There is run off going>6nto the site. The site is flooded by Great Pond in storms, 11,450 sq. ft. of wetlands will be filled in. Sewage disposal will be a problem, it can affect the lake. I think I've covered everything. Basically it is going to affect the lake. You will be destroying wetlands, you will have run-off into the lake, there will be nitrate build up in the lake. For thise reasons I oppose this pro~ect. TRUSTEE SMITH: Thank you. Is there any one else wishing to speak? Please stand up and state your name. MR. GERALD JACOBSON: I have the property immediately ~d~oining on the west of this property. Everything ~hat.~I~.c~ul~sa~has been said in the impact statement. I believe I can't ad~ to much exceut that I wholeheartedly agree with the conclusions about groundwater~contam-i~i0n~ including my own well, which I believe would be affected. The flooding of the road, in the event this property was.filTed~ right now it. serves~s a place where the water collects, where in the spring, I've watched it every year. Public Hearing in the matter of the applciation of Constantine P. Georgiopoulos May 22, 1985 Page 3. Further down the road where a place of semi-wetLands was filled in the Kenny's Road, is right now flooding. Someone thought that it wouldn't do any damage. YOu will have to raise the level of that road to prevent the flooding. You will have the same problem on Lake Drive if the property is filled in. I just can't see this piece of property being filled in and lost forever, especially when it is not an innocent holder that bought it with the understanding that he coul~ be~d, this property has been held i~ the name of Joseph DiCharo and it has been for many years, and the records show that it had been designated wetlands for a long time and he knew it. Mr. Georg~opoulous in making the application on behalf of Mr. DiCharo~ I believe you would verify that with Ms. Wickham. TRUSTEE SMITH: Just for the record, how close is your well to the property line?~ MR. GERALD JACOBSON: I'm not exactally sure, but~it couldn't be more than 35 ft. from the property line. MR. GEORGE BAS, RICK: My name is George Bambrick, I'm a property owner on Lake Drive adjacent to this property. I'm also a member of the Board of Governors of the Kenney's Beach Civic Association. I believe you have a copy of a letter from Mr. Stanley Po~ess. (A copy of the letter is in the file.) Mr. Posess sent you that letter representing Kenney's Beach Civic Association which is a group of people who reside in the community. That letter was meant~to express the feelings ahd~%he concerns of the people in the Kenneyts Beach Community. This particular application is not new. I myself have been involved in hearings on this application for almost three years. I call your attention ~t,o the D.E.C. designation of this property as freshwater,~wetlands. I believe you have a copy of their letter dated October 7, 1977. Is that correct? (A copy of the letter is in the file.) If you will note on the bottom of the copy of the letter you will.~mOte that the property is 90% wetlands, not 76~ not 60%. I think that should establish that this particular property as wetlands and nothing else. I also call your attention to a recommendation by you, the Southold Town Board of Trustees, on March 2, 1983 where you recommended to the Southold Town Board to disapprove this application. I would like to point out that at that time, the application called for 1,000 cu. yds. of fill and now the~ are coming before you for 2,000 cu. yds. of fill. They are doubling the amount of fill in this very fragile environment. I attended a meeting on August 15, 1984, in the ~overnment Building · n Riverhead, the Department of Health Services where this application was in effect t~rown out. They did not have a permit from the Board of Trustees, the Department of Environmental Conservation, or Town Board. The Chairman of that Board, I was present, said "You shouldn't even be here." This is the chronological order of Public Hearing in the matter of the application P. Georglopoulos - May 22, 1985. Page 4. of Constantine events thatCI followed over the last three years. This particular individual~fid or Mr. DiCharo go before each different Governing Body at~%different periods of time, and khe~-~le~tcsome~'t~mei~pse~ ~hen they bring out the application again, as they have never been before anyone else before. It has become a burden on the community to come at all different periods of the year to 9o over tha sa~e criteria, bring out the same facts°and either have the motion passed on to a different agency or to have an agency say "We can't comment on this until another agency comments on it." Or to have, as ~he Southold Town Board did, have a tremendous turn out and tremendous documentation, ~hotographs etc. The Southold Town Boar~ did deny the application, but they did without prejudice, which meant we started all over again- I am hoping that on this particular occasion, from what I ~understand your charge is, in the community are to look at these specific applications - specifically in regard to their affect on the wetlands. Make a determination, and I am hoping that whatever determination you do make, if you do in fact deny the application that you'do withop~ej~d~and let it be a signal to the coramunit~ that everything that we have been reading about the concerns that everyone has had, now, finally someone i~ going to stand up and bite the bullet and say we are not going to allow development in these areas, whether it be wetlands:, or coastal areas that have suffered tmsmendous erosion in the Kenney's Beach area we have lost 35~ of our beach. Although it does not come on this particular application it does have a bearing from ~hets~nd~oln~%thatL~ iS~ime.~a~hosesafn~ou ~ho are char~]~wi~h overlooking this application, make a stand. And that, s why I~ strongly urge you to look at the facts, look at the documentation before you look at the comments by other agencies, and look at your own comments from two years ago. I strongly urge you to deny this application.ii have one final comment. Last week I happened ~o watch public T.V. channel 13 and they had a documentary on wetlands, and keep this in mind, ~f you do not follow what my interpretation, and the community's interpretation~is of your specific function is up here tonight years from now your children and my children and our grandchildren ?thA 0nlF~ay~the~will be able to see a wetland ~will be to run a tape of their VCR of channel 13 of that documentary. Thank you very much. TRUSTEE SMITH: Thank you. Is there any one who has anything els~ to say?against this application? MRS. WICKHAM: M~. Chairman may I make a response? TRUSTEE SMITH: Certainl~l MRS. WICKHAM: Briefly. I just like to say, on the question of the ~i~hbors well, on the map before you I think it will sho~ his location of the well, it's about 50 ft. from the line and 110 ft. from the proposed pool. There is more fill proposed then the prior application but this proposal is done with the Public Hearing in the matter of the application of Constantine P. Georgiopoulos - May 22, 1985 - Page 5 consultation of an environmental expert, unlike the last one. Which results in a better ptanland a better control measure. We were not thrown out of a prior meeting but mearly were denied on a procedural ground of failure at that time to supply an Environmental Impace Statement without prejudice. In closing I would like to say that the owner did buy this property some time ago, before there were these environmental constraints. I don't think it is fair to deprive him of the fair use and value of his property. RUTH OLIVA, N.F.E.C.: I would like to make just one conm~ent too. We have had so many homes, that have been given permission to build in Southold Town, that have been perhaps near wetlands or on problem drainage areas. These are the people now coming before the Town Board crying that when it rains that they are sitting in water three feet high, and can't even get out of their driveways. I think it is about time we stop doing this and: g~ving permission to do this in this type of area. I would also say that I would assume that this. is one of the areas on the freshwater wetlands map, we sent to the D.E.C. to hav~ as our recharge area. I think this is a very important fact especially the fact that this gentlemen said that Kenney's Beach is eroding. If you talk to Jim Monsell that is the reason that Greenport is not looking into Great Pond as a sorce Of freshwater. Because as Kenney's beach erodes, it brings the saltwater that much closer. TRUSTEE SMITH: Does anyone have anything else to say? TRUSTEE KUJAWSKI: Is this application at any stage right now, in front of any other agency? MRS. WICKHAM: Yes. CHARLES BOWMAN: We have the application in front of the D.E.C.. You are lead agency.~ MRS. WICKHAM: I think the Health Departmen~ is probably waiting for you. CHARLES BOWMAN: I would aSSrume~.khat~0u have gotten comments from the D.E.C.? TRUSTEE BREDEMEYER: If someone will correct me, I don't recall receiving a letter from the D.E~.C. that they had removed their lead agency status, after we ha~ requested it again. They may be going ahead with the application. CHARLES BOWMAN: They haven'u. TRUSTEE KUJAWSKI: My other question is, When did Mr. DiCharo originally purchase this property? MRS. WICKHAM: I know I have the deed here. TRUSTEE KUJAWSKI: I'm just curious if the Wetland Ordinance in PUblic Hearing in the matter of P. Georgiopoutos - May 22, 198~ Page 6. the application of Constantine Town was in effect at the time of purchase, or was it prior to 1971. MRS. WICKHAM: Prior to what? TRUSTEE KUJAWSKI: To 1971. MRS. WICKHAM: He acquired it on May 21, 1964, he and Mr. Mongello. TRUSTEE KUJAWSKI: Mr. Georgiopoulous is just an agent? That's all? MRS. WICKHAM: Yes. He purchased pea~byLproperty from these people and as far as the contract, charged with the responsibility for applying for permits for Mr. DiCharo. TRUSTEE KUJAWSKi: Okay. MRS. WICKHAM: So he as acting as their agent. TRUSTEE KUJAWSKI: But also as a contractual obligation to make this application. MRS. WICKHAM: Yes. TRUSTEE KUJAWSKI: Can I ask a question to Mr. Bamb~ick? TRUSTEE SMITH: Yes. TRUSTEE KUJAWSKI: Has the KenRey's Beach Civic Association ever made an offer to purchase this piece of property? MR. BAMBRICK: Several people in the association, have within the last 17 months, offered to ME. DiCharo would he be interested in selling? T~is was specifically after the Town Board denied the application without prejudice. I~ would like to make two comments here: 1. With regard to right of private property, thats very well, and it is part of our Constitutional Heritage. However, the old standby"You can't run into a crowded theatre and shout fire without cause~ I think applies here because the development of this property will have an adverse effect on everyone in the community. The point I am trying to make is it is not only the people in the community that are in existance right now, but the people in the community that will come later on. So that right to develop private property has to be offset by any damage that will be done to the community. I can't structure my property such a way to direct damage to my neighbors property. So that argument should be looked at from that standpoint. As far as when Mr. DiCharo purchased the property he is not the one applying. Mr. Georgiopoulos is applying. TRUSTEE KUJAWSKI: I'm jusu urying to chronologicall~ get things- first of all I don't th~nk anything that you are sayzn~ really is Public Hearing in the matter of the application of Constantine P. Georgiopoulos - May 22, 1985. Page 7. not all ready understood by us. We did act on this once. I'm trying to chronologically understand when this could have been applied for prior to the enactment Of tougher and tougher and tougher ordinances. MR. BAMBRICK: It is my understanding, and I don't have any basis for this, other than the comments that were made ih the community, that when Mr. Di Charo sold the entire property which was the entire center piece, or most of the center piece, which part of that contract was that in the application procedure he would get permission for that small portion on the lake. Now since he has gone through several administrative hearings and has been blocked with his proposal at this point, he has gone back to Mr. Georgiopoutos and said, "Part of our deal was I was going to get my little piece too." MRS. WICKHAM: I would like that stricken from the record. That is purely hear say. I would like stricken from the record. TRUSTEE BREDE¥~YER: Henry, I would like to ask a few questions, if I may? TRUSTEE SMITH: Sure. TRUSTEE BREDEb~YER: One question. Ruth were you speaking as a personal comment for the record, or were you actually representing the North Fork Environmental Council. RUTH OLIVA: North Fork Environmental Council. TRUSTEE BREDEMEYER: And their Board of Directors, I presume? RUTH OLIVA: Right. TRUSTEE BREDEMEYER: Mr. Bowman, I appreciated the thoroughness of your Impact Statement. I thought it was rather good. We really looked at the S.E.Q%R. Process. If you look, at our first resolution we rescinded the motion. We seemingly took a step back. so we could get public comment before we make a determination oni~he project. We are going through our growing pains with the S.E.Q.R. process, with the first major application in this area, that we at some time have to make a determination of completeness. I guess Henry would be the one to decide when and what form that would take. I thought it was generally complete, but I did notice several areas, you as the preparer, may be interested in in the future. The water quality data, probably would be some bacteriological data available, although i~ would be from scattered sources would be, through the Suffolk County Dept. of Health R~creational Water's Unit does do some bacterioloqlcal monitoring at the bathing beach at the County Park and also some bac.T work Public Hearmng mn the matter of the applicaiton of Constantine P. Georgiopoulos May 22, 1985. Page 8. is done through the New York State Dept. of Environmental Conservation on occasmon their freshwater wetland analysis people do it. Although with all evidence, that you might see, I suspect the water quality is generally good, particularly in light of the interest that was disclosed before us using 5he pond as a proposed water supply. I had a question, there didn't Seem to be an indep~h discussion as ~o nut~ien~ in ~hs pond. I don't know if this would be something that the Board would like to discuss in the discussion of thoroughness and completeness but the phragmites on the subject parcel were flooded to abou~.a foot and one half through last years heavy rains, and of course put out an immense root systems, and in large parts seriously hindered under the application. These root systems of course wou~a absorb tremendous levels of phospates and I am only aware of some of the surface facts surrounding it but it would be something that I personally would like to see a lit~Ie more ~ addressed in this or future statements that may be deemed necessary by the Board. So I was uncomfortable with the idea of doing away with these phragmites if it could effect seriously the levels of circulating nutrients in the pond, which could effect algae Blooms and eutrophication. That's all I have. TRUSTEE SMITH: You had something? (A question directed to a person mn the audience?) Do you wish to speak for or against the application? MR. DI CHARO: I am Nicholas Di Charo. I wish to speak for the application. I am the ~wner of the property since 1968. I pay the taxes. I subdivided the property into two building lots. I have spent money on it. I will go along with what ever is needed. TRUSTEE SMITH: When did you subdivide the lots? MR. DI CHARO: In 1972. TRUSTEE SMITH: Does anyone else mn the audience have anything to say for or agamnst this application? ~No comment.) Then I will close this public hearing on the Draft Environmental Impact Statement. Henry P. Smith, President Board of Town Trustees Ilene Pfifferling, Secretary PUBLIC HEARING BOARD OF TO~ TRUSTEES MAY 22, 1985 7:56 P.M. IN THE FATTER OF THE APPLICATION©NO. 240 SUBMITTED BY ABIGAIL WICKHAM, ATTORNEY, ON BEHALF OF CONSTANTINE P. GEORGIOPOULOS FOR A PERMIT UNDER THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD. Present were: Trustee President Henry P. Smith Trustee John Bredemeyer Trustee John Bednoski Trustee Prank Kujawski Secretary Ilene Pfifferling- TRUSTEE SMITH: John will you please read the notice of hearing? TRUSTEE BEDNOSKI: "Notice is hereby given that a public hearing will be held by the Town Trustees of the Town of Southold, a~ the Southold Town Hall, Main Road, Southold, New York, on Wednesday, May 22, 1985 on the following application for a permit under the provlslon of the Wetland Ordinance of the Town of Southold." 5:45 P.M. in the matter of the application of Constantine P. Ge~rgiopoulos, submitted by Abigail A. Wickham, Esq. to fill lot with approximately 2000 cu. feet of off-site fill in order to raise elevation 8 feet and construct a single family residence. Rroperty is located at 180 Lake Court, Southold, New York on Great Pond. Suffolk County Tax Map NO. 1000-59-5-5. All persons interested in said matters should appear at the tlime and place above specified and will be given an opportunity to be heard. Dated: May 7, 1985 by order of Henry P. Smith, President Board of Town Trustees. I have proof of publication that it was published in the Suffolk Times, signed by Anna Lekkas. Also proof that it was published in the Long Island Traveler Watchman, Barbara Forbes, and proof that it was published on the Bulletin Board. The following action was taken by the Conservation Advisory Council at a~regular meeting held on Tuesday, November 27, 198~: "Resolved to recommend to the Southold Town Trustees approval of the Wetland Application ~240 submitted by Abigail A. Wickham, Esq. on behalf of Constantine Georgiopoulos 'to fill lot with off- site fill, in order to raise elevation and construct a single- family residence, Southold. Th~cCouncil would like to advise that the beach grass be planted to control the run off and to take special care with contouring, signed Frank Cichanowicz, Chairman, Conservation Advisory Council. There are a number of letters objecting to the project which include: A letter from Mr. Stanley ~osess, Kenney's Beach Civic Association, Inc.- Mr. & Mrs. Charles Wild - Mr. & Mrs. Kenneth E. Richter - Mr. George J. Bambrick Public Hearing-Constantine Georgiopoulos-M~y 22, t985- kage~2. Mr. Gerald Jacobson. You have heard the reading of the public notice on th~s application. Does anyone wish to speak in favor of this application? MRS. ~BIGAIL WICKH~: Yes. My name is Abigail Wickham, representing the applicant. I would like to ask that all of my comments from the previous hea~ing be incorporated by reference into this hearing. Thank you. TRUSTEE SMITH: Is there anyone else? GEORGE B~BRICK: Yes. My name is George Bambrick, I would also like to have my comments ~ncorporated into this hearing f~om the previous hearing. RUTH OLIVA: North Fork Environmental Council on behalf of the Board of Directors we wish to oppose this application for the reasons we have already stated. GERALD JACOBSON: Adjoining property, I would like to reiterate my comments from the previous hearing into this hearing~of my opposition. MR. GEORGE BAMBRICK: Also for the record I would like to mention as a member of the B6ard of ~ouernors of the Kenney's Beach Civic Association I would like to go on record that the Kenney's Beach Civic Association is opposed to this application for the reasons stated in the previous hearing. TRUSTEE SMITH: Is there any one else who wlshe~ to speak for or against this application? (No comment.) Then I will close this hearing~on the application of Constantine P. Georgiopoulos. Ilene Pfifferling, Sec~stary~ Board of Town Trustees 7:30 P.M. 1985 meeting. Fir~ Rescind r~sotuti~n~kNo~. 8 ~ the May 1, This hearing is on the application of Constantine P. Georgiopoulos on the Draft Environmental Impact Statement. READ THE NOTICE - ASK ~ OF THE TRUSTEES NOTICE IS HEREBY GIVEN THAT THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD WILL HOLD A PUBLIC HEARING AT 7:30 P.M., WEDNESDAY, MAY 22, 1985~A~ THE SOUTHOLD TOWN HALL~ MAIN ROAD, SOUTHOLD, NEW YORK, ON THE DRAFT ENVIRONMENTAL IMPACT STATEMEN~ SUBMITTED BY THE LAND USEr, COMPANY AT THE REQUEST OF CONSTANTINE P. GEORGIOP©ULOS, SOUTHOLD, ENW YORK IN CONNECTION WITH HIS APPLICATION TO FILL LOT WITH APPROXIMATELY 2000 CUBIC ~EET OF OFF-SITE FILL, IN ORDER TO RAISE ELEVATION 8 FEET AND CONSTRUCT A S~NGLE FAMILY RESIDENC~. PROPERTY IS LOCATED AT 18~ LAKE COURT, SOUTHOLD, NEW YORK, ON GREAT POND. SUFFOLK COUNTY TAX MAP NUMBER IS 1000-59-5-5-. SEQR LEAD AGENCY IS THE SOUTHOLD TOWN TRUSTEES. A COPY OF T~E DRAFT ENVIRONMENTAL IMPACT STATEMENT IS ON FILE IN THE TRUSTEES Q~FICE, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK, AND IS A~AILABLE FOR INSPECTION DURING REGULAR BUSINESS HOURS. DATED: May 7, 1985 By order of Henry P. Smith, President, Board of Town Trustees. I have proof of publication that it was published in the Suffolk Times, signed by Anna Lekkas. Also from the Long Island Traveler Watchman, Barbara Forbes, and proof that it was published on the Bulletin Board. The following action was taken by the Conservation Advisory Council at a regular meeting held on Tuesday, November 27, 1984: RESOLVED ~o recommend to the Southold Town Trustees approval of the wetland application ~240 submitted by Abigail A. Wickham, Esq. on behalf of Constantine Georgiopoulos to fill lot with off-site fill, in order to raise elevation and construct a single- family residence, Southold. The council would like to advise that the beach grass be planted to control the run off and to take special care with contouring, Frank Cichanowicz, Chairman. Conservation Advisory Council. There are a number of letters objecting to the project which include: Letter from Stanley Posess, Kenney's Beach Civic Association, Mr. & Mrs. Charles Wild Mr. & Mrs. Walter Collins Mr. & Mrs. Kenneth E. Richter Mr. George J. Bambrick Mr. Gerald Jacobson You heard the reading of the public notice for this application ~oes~knybodF_wish to~sp~ak~n~favor of this application? Does anyone wish to speak against this application? Then Close the hearing. ~ 7:45 P.M. This hearing is on the application of Constantine P. Georgiopoulos for_~Wetland Permit. Have someone read the following: NOTICE IS HEREBY GIVEN that a public hearing will be held by the TOwn Trustees of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, on WEDNESDAY, May 22, 1985 on the following application for a permit under the provision of the Wetland Ordinance of the Town of Southold: 7:45 In the matter of the application_of Constantine P. Georg~opoulo~s ~bmittedb~ ~bigai~.-~Wi~kh&m, Esq. to fill lo~ with approximately 2000 cu. ft. of off-site fill, in or~er to raise elevation 8 ft. and construct a single- family residence. Property is located at 180 Lake Court, Southold, New York on Great Pond. Suffolk County Tax Map No. 1000-59-5-5 All persons interested in said matters should appear at the time and place above specified and will be given an opportunity to be heard. Dated: May 7, 1985 B~ order of H~nry P.S~ith, President, Board of Town Trustees I have proof of publication that it was published in the Suffolk Times, signed by Anna Lekkas. Also from the Long Island Traveler Watchman, Barbara Forbes, and proof that it was published on the Bulletin Board. The following action was taken by the Conservation Advisory Council at a regular meeting held on Tuesday, November 27, 1984: RESOLVED to recommend to the Southold Town Trustees approval of the wetland application %240 submitted by Abigail A. Wickham, Esq. on behalf of Constantine Georgiopoulos to fill lot with off-site fill, in order to raise elevation and construct a single-family residenoe, Southold. The council would likeAto advise that the beach grass be planted to control the run off and to take special care with contoruing, signed Frank Cichanowicz, Chariman, Conservation Advisory Council. There are a number of letters objecting to the project which include: Letter from Mr. Stanley Posess, Kenney's Beach Civic Association, Mr. & Mrs. Charles Wild Mr. & Mrs. Kenneth E. Richter Mr. George J. Bambrick Mr. Gerald Jacobson You heard the reading of the public notice for this application. Does anyone wish to speak in favor of this application? Does anyone wish to speak against this application? Close the hearing. STATE OF NEW YORK ) ) SS: ) sworn, says that ha/she is at Greenport. in the Town of Suffolk and State of New York. andthat the Notice of which the annexed is a printed copy, has been regularly published in said, Newspaper once each week for the Principal Clerk`/ Sworn to before me this ../of May 19~ ANN~N~TE STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) ~;~ T.~_A_~ of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Gresnport, in the Town of Southold, County n~ Suffolk and State of New York, and that the Notice of which the annexed is a printed; said one dayof Principal Clerk Sworn to before me this 9 May i9 8.5, ANN M, ABATE NOTAR~ PUBLIC, State ef New /3/~ /'~ ~ ~ Suffolk~unty~.474~ COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia .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, has been pUblished in said Long Island Traveler-Watchman once each Week for .......... / weeks successively, commencing on the ..... ~' ~' SWorn to before me this ..................... day of ..... ' ..... .,C'..~.~ ........ ,~..~.~ Notary Public BARBARA FORBES l'totary Pt~blic, State o£ l~e~v York Qualffled in Su~olk ~y ~i~ion Exp~ M~ ~, 19 f& COUNTY OF SUFFOLK SS: STATE OF NEW YORK Patricia .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, has been published in said Long Island Traveler-Watchman once each week for... / weeks successively, commencing on the .......... .............. da ........ .~.. ....,19 ..... Sworn to before me this ..................... day of Notary Public BAI~AIL~ FOI~BBB Pab~c, ~ of New No. ~mmi~ion Expi~ M~ C SOUTItOLD TOWN CONSERVATION ADVISORY COUNCIL Southold, N. Y. November 28, 1984 Mr. Henry Smith President Board of Trustees SouthOld Town Hall Southold, NY 11971 Dear Mr. Smith: The following action was taken by the Conservation Advisory Council at a regular meeting held Tuesday, November 27, 1984 at Southold Town Hall, Main Road, Southold. RESOLVED to recommend to the Southold Town Trustees approval of the wetland application ~238 submitted by Theodore Krukowski to construct catwalk and floating dock to moor boat. Eugene Creek, Cutchogue. RESOLVED to recommend to the Southold Town Trustees approval of the wetland application #239 submitted by Eh-COnsultants on behalf of R. N. Richards to shorten existing fixed dock and add hinged ramp andfloat secured by pilings. Mattituck. RESOLVED to recommend to the Southold Town Trustees approval of ~he wetland application ~240 submitted by Abigail A. Wickham Esq. on behalf of Constantine Georgiopoulos to fill lot with off- site fill, in order to raise elevation and construct single-family residence. Southold. The Council would like to advise that beach grass be planted to control the run off and to take special care with contouring. RESOLVED to recommend to the Southold Town Trustees approval of the wetland application ~241 submitted by Martin and Florence Gellman to repair and extend existing dock and to place removable ramp and floats with pilings. Mattituck Creek, Mattituck. Respectfully submitted, FRANK CICHANOWICZ, CHAIRMAN Jane Rousseau, Secretary LEGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Town Trustees of the Town of Southold will hold a public hearing at 7:30 P.M., WEDNESDAY, MAY 22, 1985, at the Southold Town Hall, Main Road, Southold, New Yo~k, on the Draft Environmental Impact Statement submitted by The Land Use Company at the request of Constantine Po Georgiopoulos, Southold, New YOrk in connection with his application to fill lot with approximately 2000 cubic feet of off-site fill, in order to raise elevation 8 feet and construct a single-family residence. Property is located at 180 Lake Court, Southold, New York, on Great Pond. Suffolk County Tax map nunfoer is 1000-59-5-5. SEQR lead agency is the Southold Town Trustees. A copy of the Draft Environmental Impact Statement is on file in the Trustee Office, Town Hall, Main Road, Southold, New York, and is available for inspection during regular business hours. DATED: May 7, 1985 ~ Henry P.~ Smith, President . . , . . . ~o~r~ 9f. Tgw~ ~r~s~e~s PLEASE PUBLISH ONCE, MAY 9~ 1985, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO HENRY P. SMITH, PRESIDENT, BOARD OF TOWN TRUSTEES, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK. 11971 COPIES TO THE FOLLOWING: The Suffolk Times ~ Arline & Kenneth E. Richter~-~' The Traveler Watchman ~ Gerald Jacobson~-/~ Town Trustees~ George Bambrick~/~ Abigail Wickham, Esq. on behalf of Constantine Georglopoulo~--~ The Land Use Company ~ Conservation Advisory Council~ Charles Hamilton, DEC ~-~ Commissioner Williams, DRC ~/ Stanley Possess~' Charles wild ~ Beatrice & Walter collins~~ LEGAL NOTICE NOTICE OF HEARINGS ON WETLAND APPLICATION NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town Trustees of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, on WEDNESDAY, MAY 22, 1985 on the following application for a permit under the provision of the Wetland Ordinance of the Town of Southold: 7~45 P.M. In the matter of the application of CONSTANTINE P. GEORGIOPOULOS, SUBMITTED BY ABIGAIL A. WICKHAM, ESQ. to fill lot with approximately 2000 cubic feet of off-site fill, in order to raise elevation 8 feet and construct a single-family residence. Property is located at 180 Lake Court, Southold, New York on Great Pond. Suffolk County Tax Map No. 1000-59-5-5. Ail persons interested in said matters should appear at the time and place above specified and will be given an opportunity to be heard. DATED: May 7, 1985 ith, President Board of Town Trustees PLEASE PUBLISH ONCE, MAY 9, 1985, AND FORWARD ONE AFFIDAVIT OF PUBLICATION TO HENRY P. SMITH, PRESIDENT, BOARD OF TOWN TRUSTEES, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK. 11971 COPIES TO THE FOLLOWING: Suffolk Times~-~ Gerald Jacobson Traveler-Watchman-~ George J. Bambri~k Town Trustees~ Abigail Wickham, Esq. on behalf of Constantine Georgiopoulos~-~ The Land Use Company~-~ Mr. Stanley Posess~ Charles wild~ Beatrice & Walter Collins~/ Arline & Kenneth E. Richter~- · BEAcH CIVIC ASSOCIATION, INC. P. O. BOX No. ~81 $OUTHOLD, N. Yo 11971 April 19, 1985 Hon. Henry Smith, President Board of Trustees Town of Southold Town Hall, Main Road Southold, New York 11971 Re: Permit No. 10-85-0023 GEORGIOPOLIS Wetlands Permit Application Dear Sir: On behalf of this organization, I am authorized to voice our strong opposition to ~his application which has previously been rejected by this Board. A perusal of the latest application contains nothing new to distinguish it from that rejected application and represents an arroqant attempt to pollute a wetland and Great Pond itself which borders the parcel on the south and west. Great Pond is a Class I Wet- land and is considered the most valuable type of wetland. The Draft Environmental Impact Statement dated April 4, 1984 accompanying this renewed application merely belabors the obvious and its' very submission raises serious questions as to its bona fides! In that regard I refer you to the para- graph entitled "Water Resources" under the title "Adverse Environmental Effects That Cannot Be Avoided If Project Is Implemented" (pg. 17). It is wholly unacceptable to pollute Great Pond and the wetlands bordering it, which the applicant concedes is merely one of the many adverse effects flowing from the proposed project. It is wholly unacceptable to violate virtually every standard established by the Health Department, the D.E.C. and other agencies interested in preserving our environment and restricting construction. I urge you to deny this application and respectfully request that a copy of your decision be sent to me in the enclosed envelope. Thank you. ,/~~Yours ry truly, STANLEY POSESS SP:mm N. COUNTRY XVAD1NG DRAFT Ehn/iROh~ENTAL IMPACT STATEME~7! FOR SINGLE FAMILY RESIDENCE ~.;/0 LAKE COURT, SOUTHOLD, NEW YORK Lead Agency: Southold Town Board Contact Person: Mrs. Judith T. Terry Southold Totem Clerk Sou%hold Town Hall Main Road Southold, N.Y, 11971 (516) 765-1801 Preparer: Land Use Company at the request of Constantine P. Georg~opoulos for Nicholas DeChiaro North Country Road P.0. Box 361 Wading River, N.Y. 11792 (516) 929-3575 Deadline for Comments: Prepared: September % 1984 TABLE OF-COlqTEi[TS DESCRIPTION OF PROPOSED ACTION History Location Design and Layout Construction Approvals ~VIRONMENTAL SETTING Soils Topography Groundwater Surface Waters Climate Vegetation Fish and Wildlife Wetlands Land Use and Zoning Cultural Resources SIGNIFICANT LNVIROi~NTAL IM3ACTS MITIGATION MEASURE TO MINIMIZE ~NVIRONRiE~NTAL IPLPACTS Geology Water Resources Terrestrial & Aquatic Ecology Cultural Resources ADVERSE ENVIRON~CENTAL EFFECTS THAT CANNOT BE AVOIDED IFPROJECT IS LMPLE~fENTED Geology Water Resources Terrestrial and Aquatic Ecology ALTERNATIVES Design and Technology Sites and Land Use No Action TABLES 1 - Soil Limitation 2 - Groundwater 3 - Vegetation Loca~io~ Page 1 6 15 15 17 19 6 7 12 Description of Action: The proposed project is to construct a single family residence with associated on-site sanitary disposal system and parking area, west of Lake Court, Southold, N.Y. The parcel is 37,500 square feet in area. The existing character of the parcel is wetlands with surface water covering appro~r~t~ly two-thirds of ~he site. The action calls for filling approximately 11,500 square feet prior to development in order to meet existing health and flood zone rules and re- gulations. Potential Impacts: The potential adverse impacts would include: -Destruction of existing wetlands - Filling of Surface Waters - Degradation of Groundwater - Degradation of Surface Waters - Impacts to Present Surface Water Uses - Changes in Existing Topography - Changes in Vegetation Types - Visual - Destruction of Existing Fish and Wildlife Habitats - Changes in Existing Runoff Pa~tern This list is not prioritized. Mitigation Measures: The mitigation measures proposed include: - Detailed landscaping and grading plan. - Use of Natural Vegetation - No Lawns or'Oriental Plant Species - Pervious Paving Material - Use of Gutters, Leaders and Dry wells for runoff from structure - Installation of Drainage Pipe - Vegetation Buffers - Restoration of wetlands This list is not prioritized. Alternatives: ~wo. alternatives were discussed; they are '~Action on another Site" amd Hi~tory: On Dece~nber 20, 19~2, an ~pplicarion was made to Southold Building Department for the construction of a one-family dwelling at the proposed location. The appli- cation was disapproved en that same dare. The grounds for disapproval was stated a~ follows: "Proposed construction is within 300 feet of freshwater wetlands - approval from Dept. of Eavironmental Conservation is required, also' flood develop- menu peri, it necessary - premises if lo~cted in the A-10 Flood Zone (El. tt)." On January 13, 1983 application (?12C) was made for a wetlands ~ermit no Southold Town Board in order to secure necessary approvals for the proposed action. The application was referred to the To~n Conservation Advisory Council add To~ %rusteea. After due consideration, the Southold Board of Trustees, on March 1, 1983, recommended no the Town Board to disapprove the a~plica~on. The Town Board held a publi: bearing on April 19, 1983 on ~aid application. .Having assumed lead agency status, the To~ Board, on May 10, designated the proposed actio~ a Type I action, likely to have a significant effect on the environ- ment, and a positive declaration was made and a draft envirop~ental impact statement required. On May 24, 1983 the To~n Board deaied the application. The denial was "With- out projudice because the Town Board (had) no~ received the Draft Impact Statement.~ Ail applications from the various regulating agencies are now being held pend- ing completion of ~he SEQR process. Location: The proposed action is located on ~he wast sade of Lake Court and bordered on the south and west by Greet Pond in ~he Hamlet of Southold, Tow~ of Southold. See Map 1. Access is to be supplied from Lake Court. The parcel is currently zoned for the intended use, "A Residential and Agri- cultural District". The parcel, however, does not meet the minimal lot size re- quiremen~, The parcel is part of the unfiled map of Southold on ~he Sound, Let Numbers 199, 198 and part of Lots '197, 196, 195, 194 and 193. Design and Layout: The propose~ action is to construc~ a single family house on a 37,500 square foot parcel. Ma~ 2 illustrates the proposed site plan. Total impervious su~faaes are 1~780 square feet representing 1200 square feet for the. building, 580 square feet for offstreet parking for tw~ cars. Th~ site will require filling w~th LONG ISLA1YD SOUND ~4. 5 ) / / / t 16. O 6.0 5.0 ~AP 3 TOPOGRAPHY E.I.S. for Constatine P. Georgiopoulos Southold, New,York 4.5 16.0 20,5 ~PONO Scale: 1I'= 200'-0" Land Use Company Wading River, N.Y. DESCRIPTION OF PROPOSED ACTION History: On December 20, 1982, an application was made to Southold Building Department foe the construction of a one-family dwelling et the proposed location. The appli- cation was disapproved on ,that same date. The grounds for dimapproval was seated as follows: "Proposed construction is within 300 feet of freehwater wetlands - approval from Dept. of Environmental Conservation is required, also flood develop- meat permit necessary -premises if located in the A-10 Flood Zone (El. On January 13, 1983 application (#120) was made for a wetlands permit to So~thold Town Board in order to secure necessary approvals for the proposed action. Th~ application was refer~ed co the Town Conservation Advisory Council and Town Trustees. After due consideration, the Southold Board of Trustees, on March 1, 198~3, recommended no the.~own Board to disapprove the application. ~ The Town Board held ~ public hearing on April 19, 1983 on said application. Ha*lng assumed lead agen~)~, status~ the Town Board, on May 10, designated ~he proposed action a Type I~*~tion, likely to have a significant effect on the environ- me~t, and a positive dec,etlon was ma~e and a draft environmental impact statement required. On May 24, 1983 th~ii,~pwn Board denied the application. The denial was "With- ou~ projudice because ~h~%own~.~ Board (had) not received the Draft Impact Statemenn." All applications frp~ the various regulating agencies are now being held pend- in~ completion of the SE~ process. Location: The proposed .... on actmon?~ located the wes~ side of Lake Court and bordered cn the south and west by See Map 1. Access is to i The parcel is curre cultural District". The ! The parcel is par the unfiled map of Southold on the Sound, Lot Numbers 19~, 198 and par~ of Lot 197, 196, 195, 194 and 193. DeSign and Layout: The proposed actio~.i~s to construct a single family house on a 37,500 square fore parcel. Map 2 lll~.~rates the proposed site plan. Total impervious surfaces are ~780 square feet representing 1200 square feet for the building, 580 square feet f r offstree~ park~ for two cars. The site will require filling with ~eag Pond in the Hamlet of Southold, Town of Southold. supplied from Lake Court. ly zoned for the intended use, "A Residential and Agri- arcel, however, does not meet the minimal lot size re- approximately 2000 cubic yards in order to meet Health and Flood Zone regulations. Household effluent is proposed to be handled on site with a septic tank and le~ch rings. An individual water supply well will be installed and utilized to provide potable.water to the residence. Construction: The total construction period anticipated is 6 months, once obtaining ne- cessary permit approvals. Since the site is within the A 10 Flood Hazard Zone (EL. 11') the structure witl be required to be raised 8' above existing grade. It is conservatively es£mated this will require bringing in approximately 2000 cubic yards of clean fi~% from an uplands location. The location of the leaching pools are in an area presently at or below the elevation of groundwater. It is proposed, there- fo]~e~ to fill this area 8'~ in order that a minimal of 2' of unsaturated soil exists ? be[~ath the bottom of the leaching rings. All filled areas wil~ be graded to a 25% slope and planted to avoid possible erosion into wetlands not proposed no be impacted by this action. A retaining wal~ is also proposed along Lake Court in order to meet grades from fill ro the roa~. Parking will be supplied for two cars on site. Filling will be required in order to provide for a stable base of 1' - 2' above groundwater. It is proposed that the two parking spaces access directly onto the road so that minimal amount of filling and runoff is generated from the construction of driveway. Runoff from the impervious surfaces will be discharged over land to the surrounding water body and~wetlands. Approvals: The approvals which are needed for the proposed action are: Sanitary Disposal System - Suffolk County Dept. of Health Services Wetlands Permitm - Town of Southotd - N.Y.So Dept. of Environmental Conservation Building Permit - Town of Southold MAP 2 SITE PLAN E.I.S. for Constatine p. Gaorgiopoulos Southold, New York Land Use Company Wading River, N.Y. .-S 0 U N 'D ITROL EAST CUTCNOGUE D HOG NECK MAP 1 LOCATION MAP E.I.S. for Constarine P. Ceorgiopouios Southhald, New York Sept,. 4 1984 Scale: Ii'= 3000'-0" Land Use Company Wading River, ¥~tP 2 SITE PLAN' E.I.S. for Constatine P, Sou~hold, New York Sept. 4, 1984 Georgiopoulo$ Land Use Company Wading R~ver, N.Y. gpproximate]y 2000 cu.bic yar. d$ ia order to ~een t!ealth ~ '~ ~iood. Zone regu!ati~,n~. Household effluent is proposed to be handled o~n site %,~i[h a septic tank and leach rings. An individual water supply well will be installed and utilized co provide potable water to'.the residence. Construction: The total construction period anticipated is 6 months, once obtaining ne- cessary permit approvals. Since the site is within :he A t0 Flood Hazard Zone.(Et, 11') the structure will he required to be raised 8' above existing grade. It is conservatively esimated this will'requlre bringing tn approximately 2000 cubic yards of clean fill from an uplands location. The location of the leaching pools are in an area presently an or below the elevation of groundwater. It is proposed, [here- fore, to fill this area 8' in order that a minim~t of 2' of unsaturated soil exists beneath the bottom cf the leaching rzngs. All filled areas will be graded to a 25% slope and planted to avoid possible erosion into wetlands not proposed to be impacted by this ac[ion. A retaining wall is also proposed along Lake Court in order to meet grades from fill to the road. Parking will be supplied for two cars on site. Filling will be required in order co provide for a stable base of 1' - 2' above groundwater. It is proposed thc5 the two parking spaces access directly onto the road so that minimal amount of filling and runoff ia generated from the construction of driveway. Runoff from the impervious surfaces will be discharged over land to the surrounding wa[er body and wetlands. Approvals: The approvals which are needed for the p~oposed action are: Sanitary Disposal System - Suffolk County Dept. o£ Health Services Wetlands Permits - Town of Southold - N.Y.S. Dept. of Environmental Conservation Building Permit - Town of Southo!d ~EI~V I R0~NTAL SETTI~C:~ ~-x~ Soils: The Soil Surve7 of_ Suffolk Ccunty, New York prepared by the U. S. Depart- ment of Agriculture Soil Conservation Service, April 1975, as Dune Land. This land type exisns in numerous locations throughout the County. The type is characterized by mound of small hills of sand that have been piled up by winds. Most of the large dune lands tracts are found along the south shore of Long Island, with the largest areas ~n the vicinity of Napeague and Heather Hills State Park. Smaller areas exist along Long Island Sound in association with the various bays. This particular area ia unique in that it ms not zn association with an embayment and could represen= either ~ naturally occuring~depressmon in the surrounding 5opography where sands have been collected by the winds, or, Great Pond repre- sents the remnants of an old embayment whose entrance has filled by littoral currents-or a combination of both. The soil survey states: "Dune land is suitable only for use as wildlife habitat or recreation. It.should be stailized ahd left undisturbed to provide to provide protection from storms and high tides. Structures on sand dunes are subject to damage from coastal storms." A test hole was doneon the adjoining property to the north and sand was found the total depth. Table 1 is adapted from the soil survey, "Limita:ions of the Sells for To~ and Count), Planning." Dune Land Activity Sewage Disposal Field Homesites Streets and Parking Lots Lawns, Landscaping... Paths and Trails TABLE l. Limitations Moderate: Water table within A feet of surface in place. (Note: could be con- sidered severe, since, wa~er table is a~ or above surface on this site) Variable Variable Severe, sandy surface layer Severe, sandy surface layer To'pography: .... Although the Dune Land, as desnribed in the preceding section, is character- ized by mounds or hills, ghis site zs essentially flat, with only a gradual slope to the center of the parcel. It is assumed~that part of the grade change on the site came about by the construction of Lake Court on the west. Evidence of the typical hills and mound can be found throughout the area. Significant changes in elevations, for the area, can be found on the parcel directly north and on the east side of Lake Court. (See Map 3) Because of the minor change in elevation and the proximity of groundwa[er below the surface, wetland species have established themselves throughout the parcel, klso groundwater elevation fluctuates in-response go precipitation and recharge and, since Great Pond is a part of the water table, the property does flood as the water table rises. Road runcff is currently being received from Lake Drive on the sine. A low point located to the north of the proposed action directs runoff onto this site and into a low area north of-the Drive. Groundwater: As discussed previously, groundwater is at or above the surface of the ground on this parcel. Further discussion can be found under the surface wa[er and wet- lands section. in a review of the "North Fork Water Supply Plan, Suffolk County, New York" prepared for the Suffolk County Department of Health Services, it appears that the present water quality is good underlying the site. However, nitrate and organic parameter, such as aldicarb have been detected upgradient of the area. It, therefore, can be assumed that this site could be impacted sometime in the future. A review of a groundwater well monitor by Suffolk County Dept. of Health Services approximately 1000 feet to abe west, on the Peconic Dunes County Park, is sho~ in Table 2. Table 2 · County Well #47233 Total Depth - 51.5' Elevation: 1973 - 4.5' 1982 - 2.61' LONG ISLAND SObP~D 3.0 45 12,0 3.5 16.0 24.0 POND .MAP 3 TOPOCR~\PHY E.I.S. for Constatine P. Georgiopoulos Southold. New York Scale: 1"= 200'-Q" Land Use Company Wadin~ River. N.Y. gampi~g q,~ta I982~X~ F e (Iron) 0.3 N O 3 (Nitrate) 6.9 N H 3 (Ammonia) < 0.05 N O 2 (Nitrite} 0.001 K (Potassium) 2~0 P O 4 (Phosphate) Not run * Shown in milligrams/liter Drinki~£ Water * ~ Standard ~ 0.3 (0%5 with ~t~) 10.0 No standard No standard No standard No standard It should be noted that although Iron (F e ~-*) is an the drinking water standard. Thig does not constitute a health hazard or significantly impair the quality of the water. The iron stendard has been se~ for aesthetic reasons. Water with iron concentrations above 0,3 ml tend to stain plumbing fixtures and clothes which are washed in it. With regard no salt water intrusion into th6 private water supply proposed, it is not anticipated to cause any impacts to the user or aquifer. The Ghyben- Herzherg relationship is a conse~-vative formula to determine the depth ~o the fresh/salt wa=er interface. The relationship snares that the distribution of fresh and saltwater at hydrostatic equilibrium is caused by the difference in density between fresh and saltwater. Based on the difference, the depth of ~resh water below sea level ~s preducted to be 40 times the height of fresh wa~er ~bove sea level. In the case of the proposed action, the interface can be assumed ~o be at approximately 205' below ground elevation. The depth necessary to drive a well to obtain acceptable drinking water is a fraction of the depth to the fresh/ salt interface. The amounu of water to be utilized by the proposed residence will not effec~ the location of the interface. Surface Waters: The proposed action is located irmmediately adjacent ro Great Pond, and is bordered by same to the south and west. Greaf Pond is one of the largest fresh- water bodies on Long Island's No~th Fork with a surface area of approximately 28 acres. Laurel Lake, in Laurel and Marratooka Pond in Mattituck are the two nex~ largest at 26 and 18 acres respectively. Although no water sampling o~ the Pond is carried out by the Suffolk County Dep~rnment of Health Services, smnce no public bathing beaches ara located on it, it can be assumed that ~he water quality is good. ?his is because the pond ia a reflection of the groundwater (See Groundwater section). The creation of ground- water ~onas. are caused hx~ihe surface tppdgraphy d±ppln~ to~ the elevation of the groundws[er table. Therefore, the surface elevanion of Great Pond responds to the change in groundwatsr elevation, which is directly related to-the amount of precipitation recharged to the aquifer. Great Pond itself is not used for any public/private water supply. However, because it is hydrologically part of the glacial aquifer, any degradation to the pons will affect the quality of the aquifer. The pond zs presently used by the surrounding residents for a variety of water related activities. These include swimming, fishing and non-motorized bathing. Long Island Sound_is located approximately t000 feet to the north of the subject property. Because of the low topography associated with this parcel and the surrounding area, the site could be shbjected to coastal flooding. The Fed- eral flood insurance program identified the area as within the 100 year flood zone AtO. The program establishes the elevations for fzrsts=ory at 11 feet above mean sea level. The subject property is at 4' MSL or less. As discussed ~reviousty (see topography), tbs site-currently receives runoff from West Drive located ~o the north. The proposed action will create a Iow point with no overflow to ad~ jacen~ areas or surface waters. Runoff would be-purified to some extent by its passage through various types of vegetation. Climate: The general climate of the site is maritime in nature be6ause of its proximity to Long Island Sound, Temperatures above 90° F occur occasionally during the late spring and summer, with an extreme maximum temperature of 101° F. Normal daily summer temperatures average about 68° F with daily maximum nemperatures averaging 79~ F. Winters are g~nerally cold but the relatively warm Sound waters tend to modify outbreaks of cold Arctic air. Sub-zero temperatures may occur on a few days during a given winter; normal daily winter temperatures and normal maximum wznter ~emperatures average about 31° F and 39~ F, respectively. Precipitation in th~ area averages about 44 inches per year and is fairly uniformly distributed throughout all months except June, which averages less than 3 inches of rain. During October ~o biay most of the precipitation is pro- duced. ~ % biAP 4 DEPTH TO GROUNDWATER E.I,S. for Con, ratine P. Georgiopoulos $outhold. New York '~p~. 4, '1984 Land Use Company Wading River. N.Y. During the summer months the predominate winds are from the Southwest. ~:e winter prevailing winds are from the.northwest. Vegetation: The Yegena:ion found on site are those characteristic of wetlands and _dune communities. Table 3 lists the species observed, this list is not meant to be all inclusive bug merely to give a representation of what is found on the site. Common Name Bayberry Beachgrass Buttonbush * Choke Cherry Greenbrier Marsh mallow * Nightshade Penis Grass * Phragmites * Poison ivy Porkweed Purple Loosestrife Red Maple * Rush Sedge (umbrella * Swamp Rose * Tupelo * Virginia, Creeper · Wetland species Half of the vegetation species Table 3 Vegetation Scientific Name Myrica pensylvanica Ammophila Brevitigulata Cephalanthus occfdentalis Prunus Virgzniana Smilax Rotundifotia Hibiscus Palustris Solanum Dulcamara Panicum Agros~oides Phragmites communis Rhus'Radicans Phytolacca AmeriCana Lythrum Salicaria Acer Rubrum Juncus Canadensis Cyperus Diandrus Rosa Palustris Nyssa Sylvatica Parthenocissus Quinquefolia identified are species ~hich require wet soil conditions in which To live. Most of the remainder can ~olera~e moist conditions and are common to the swale area of a dune community. The predominant area where the latter group is found in a narrow fringe along the ease s~de of the site, adjacen~ to Lake Court. This area is also interspersed with some weg- lands species. The center and western portions is phragmites and occasional buttonbush and marsh mallow. The other wetland~ species are found in the southern portion and adjoining the area where the phrag~ites has colonized. Wetlands, in general, are on~ of the most productive ecosystems, providing wildlife with s~ch things as ne~t~ng, food produotion and habitat. Fish and Wildlife: Although no wildlife was ~bserved on site inspections to the parcel, it can be assumed that the site is utilized by various species. The species most prob- ably occupying or temporarily occupying the site would include, but not limited to, rabbit, frogs, toads, various upland birds and water fowl. A few large goldfish, 8" - 12" (Carassius spp.) were observed in the center of the parcel inlabout i% feet of water. It can be assumed t~at other fish such as bass, carp and catfish will be found on site. Wetlands: As discussed previously under the Vegetation section, half of the plant species on site are considered wetland species. The wetlands species can be found on most portions of the site with varying degrees of density. New York State Departmen~ of Environmental Conservation had flagged an area of wetlands found on the site (See Map 5). This boundary is considered as conservative and a more appropriate boundary would be the 5' contour, ~articularly w~th the recent .rise in groundwater. Great Pond is identified on the New York State Department of Environmental Cons~rvation's tentative freshwater wetlands maps as a Class I ~etlands. A Class I wetlands is considered the most valuable type of wetlands under the State's designation system. Factors which have attributed to this designation are: the wetlands are hydrologically connected to the drinking water aquifer, it honsists o~ more than one ecosystem type and Ospreys have used the area for nesting and feeding. Land Use and Zoning: The predominate lar~d use of the surrounding area is szngle family residences, most of these are second homes used mainly during the sum~er months. Located 500' ± to the west is Peconic Dunes County Park which is a Suffolk County camp- ing facility for use by groups and organizations. The parcel is located within the Southold Town "A Residence District" re- quiring a minimal 80,000 square foot lot size. This parcel had received per- mission from the Town's Zoning Board of Appeals for its creation on April 6, 1972, Appeal #1514. Cultural Resources: No evidence of historic or prehistoric occupation was found on site. How- ever, the Suffolk County Archeologfcal Association has identified this area as O MAP 5 WETL~_NDS MAP E.I.S. for Cons~atine P. Southold, New York Georgiopoutos Land Use Company' Wading River, N.Y. Sept. 4, 1984 a zone of "Intensive Aboriginal Ir~habitance~'; [h~rezore~ it can be assumed that %ndians did at least-transitionally utilize the azea of the proposed action. Visually the site currently is undeveloped and ~rovides a buffer for exist- ing residents when viewed from across Great Pond. SIGNIFICANT ENVIROt~ENTAL IMPACTS The aspects df the environmental setting which may be adversely impacted are as follows: Geolo~? Soils - Adverse impacts to the soils and established vegetation because of severe limitations on re-established land- scaping; also severe limitations on sawage disposal. Topography - Significant changes in the ground elevation will be necessary; changes in the existing surface drainage patterns. Water Resources Groundwater - Impact on both the quality of Great Pond and the Upper Glacial Aquifer from on site sewage disposal systems and lawn maintenance practices. Surface Waters - Potential degradation of Great Pond quality and and impacts on present uses. ~erresrrial and Aquatic Ecolosy Vegetation - Significant alteration of existing vegetation types and species found on the site. Fish and Wildlife - Removal of existing fish and wildlife habitats and potential impac~ from sewage effluent, Wetlands - Filling in of approximately 11,4.50 sq. ft. of State and Town designated wetlands and impacts from sewage effluents. Human Resources Cultural Resources - Visual Of the above impacts, five of [he seven categories could be impacted to various degreees, by the on site sewage disposal system. MITIGRATION M_EASUP~E TO MINIMIZE ENVIRON?iENTAL IPfPACT Geology: Soils and topography will be significantly altered. However, a detailed grading and landscaping plan which ~akes into account the surrounding topograph- ical characteristfcs and natural vegetation should be considered. The use o~ retaining walls, terracing and heavy planting of natural~sp~cies will help in the reduction of area necessary to be disturbed. Fill which is brought in should be sand to conform no th= existing character- isticts of the surrounding area. Topsoil or loam should not be used; plant mater- ial which can survive in sand should be used. Potential impacts to groundwater from lawn maintenance activities can be re- duced by only uszng plant materials which do non require fertilization ~nd other chemical applications for healthy growth. Lawns or ornamennal plants shoutdnot be used. Species which are common to the Sand Dune Community such as Rugosa rose, Bayberry, Beach plum, Red cedar and Beach grass should be uniiized. Further impacns ~o the surface water, once filling has taken place, can be reduced by the immediate vegetation o f the fill. Hay bales should be insna!led at the toe of the filled areas to reduce the amount of eroded material entering Great Pond. The parking pad should be of a per~'zous material ~o reduce the amount of run- off. The house itself should be constructed with gutters, leaders, and dry wells so that runoff is recharged.- The placement of the fill will creane s low point which will not have a surface outlet from a swale area that is presently receiving road runoff from Lake Drive. A drainage pipe is proposed in order to maintain, the current surface runoff pattern. Terrestrial and Aquatic Ecology: As discussed under "Geology", plant species should be used which are characteristic for a Sand Dune Community. Restoration of areas other than those proposed for filling uo construzt the residence or sanitary facilities should be considered. This would involve removal of some of the less desire- able wetlands species such as phragmi[es and revegetating winh desireable species to help in the creation of a more productive wetlands. Construction should occur during the fall and winter months so as to avoid sensitive periods of fish and wildlife life cycles. Planting periods should be during the spring and fall. Cultural Resources: The design of the proposed s~rucnure should be low'and physically blend in with the existing surroundings. This is ~zrticularly important in that the first floor mush be established 8' z above existing grade. The planting plan should be visually pleas~ng and serve as a buff=r from Ye ~o~d and a~?oss the 'pond. Sufficient evergreen species should be used to provide year rouad screen- ing. ADVERSE EN~IRO>~NTAL EFFECTS TF~AT C~YNOT BE AVOIDED IF THE PROJECT IS Geology: There will be an unavoidable impact to the current topography o~ the site. This is because of the flood requirements; fill must he brought in ~o razse the elevations 8' for the proposed structure and 8' - 10' for the sanitary systems above the existing grades. Water Resources: The site is presently par= of Great Pond, that is to say that because of the rise in groundwater, surface wagers cover mos: of the site. An unavoidable loss of surface water will, therefore, take place because of filling. The sanitary sysgem will he constructed at the minimal Suffolk County De- partment of Health Service standards with regard .to depth 5o groundwater and distance to water supply wells. However, due to character of the site, a !00 foot setback from the existing wetlands cannot be 'obtained, the system is proposed to be located directly on designated wetlands. The standards set by the Health Dept. are minimum to provide protection to ground and surface waters over a broad spectrum of conditions in the County~ But, because of the conditions that are found on site, it can be expected ghat untreated or partially treated effluent will eventually end up in the groundwater ~nd surface waters surrounding the site. In the site disposal system, bacterial action digests the solid materials and ~he liquid effluent is discharged subsurface. In theory, filtration by the sub soils will provide additional treatment so that the liquid, when it arrives ag the water table, is relatively clean. However, many constituents carried by ihe effluent will, undoubtabiy, be introduced into the ground and surface water systems. This is particularly true because of the shallow depth to the water table, soil characteristics and distance to wetlands. The constituents which present the greatest uhreat are excessive concentrations of nitrate, organic chemicals, deter~en=, metals, bacferia and viruses. Compounds, such as chloro- form, carbon tetrachlortde, trichloroethylene and osher similar compounds are regularly discharged in residential effluent as a result of use of various house- hold products and cleaners. Therefora: depending on the loading of the disposal system and the type. pf disposed material impacts to the surface waters and drinking water aquifers can be at varying levels of significance. The we~tands found on site will be required [o be filled in order to meet flood zone and Health Department requirements. This will resui: in the loss of fish and wildlife habitats. Terrestrial and Aquatic Ecology: AS d±~cussed above, the required filling of the area will cause a significant changein the vegetation found on site. The wetlands species will be stripped from the necea~ary portions of the site and the elevations changed so as to moms requirements by the various Government agencies. This will create conditions un- suitable for species presently found on site, thereby causing a significant shift in the vegetation species. The proposed activity will fill an area which is presently used by some fish species. The change in the ecosystem will ai$o cause a shift in wildlife utiliz- ing the site. Untreated or partially treated effluent entering the wetlands could have several impacts on the wetlands and Great Pond~ At the pomnt where effluent enters the wetlands, localized "fertiliza:ion" from nitrate loading can be ex- pected, causing plant material to proliferate. Significant nitrate loading could cause the pro%iferation of algae over a wider area. Introduction of toxic mater- ials could possibly impact fish or wildlife found on site. The magnitude of these would be directly related ~o ~he height of the water :able and the load- ing of the on site sani:ary disposal system. ALTERNATIVES: Design and Technology: The proposed activity could be altered to require less filling of the wet- lands with the use of pilinjs. That is, the house itself could be constructed on a pile foundation razsing it above the wetlands and still meeting the flood zone requirements. The area surrounding the sanitary disposal system would still re- quire to be filted~ This, though, w~uld further reduce the distance between {he effluent discharge point and the wetlands. - - Various types of sewage handling devices are available, such as composting and chemlcat treatment toilets. These are designed for handling of human excre- ment a~d not "grey water" or household chemicals found in residential effluent. Suffolk County Department of Health Services requires that cohventional sanitary disposal systems be installed and utilized if'permission dan be obtained to user these devices. Past experience has shown that it is impossible to assure that the "waterless toilets" are operating and will continue ~o operate properly, Situations have also occured where these devices are by-passedand the effluent produced is disposed of in an improper manner. Thus a properly installed sub- surface sanitary disposal system is required. Alternatives in design and tech- nologies do not appear ~o be appropriate in reducing anticipated impac:s. Sites and Land Use Within the general area of the proposed action, there are numerous parcels of land which are currently undeveloped and do non have the environmental con- strain,s associated with the proposed site. Therefore, the activity of construct- - ion of a single family residence could take place within the immediate vicinity of the proposed site with minimal environmental impacts. Local, regional and state objectives have been to remove proposed activities as far as possible from wetlands and surface water. This proposal is, therefore, inconsistent with those objectives. No Action: The no action alternative would be to maintain the currenu natural character ~of the site. This would maintain the parcel and the several functioning en- viroramental and aestheti~ benefits in their present condition. The benefits of such an alternative are: - Maintaining of a functioning wetlands ecosystem. - Maintaining of a natural filtration system for road runoff entering Great Pond; - Providing a natural buffer area between existing residences and Great Pond. - Avoidance of introduction of pollutants into the groundwater and surface systems. STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION 50 Wolf Road Albany, New York 12233-0001 In the Matter of the Application of - CONSTANTINE P. GEORGIOPOULOS by - The Land Use Company for a Freshwater Wetlands permit pursuant to Environmental Conservation Law ("ECL") Article 24 to p!~ce fill and to thereafter construct a single-family house within the filled area and a septic system within an area adjacent to freshwater wetlands in the community and Town of Southold, Suffolk County, New York. Freshwater Wetlands Application No,. FW 10-85-0023 DECISION March 27, 1986 DECISION OF THE COMMISSIONER The attached Hearing Report (the "Report") of Administrative Law Judge A. Marshall Irving, including Findings of Fact and Conclusions, in the matter of the application of Constantine P. Georgiopoulos to place fill within an existing freshwater wetland and to thereafter construct a single-family house together with an on-site sanitary disposal system and parking area within an area adjacent to freshwater wetlands on the Applicant's property (the "Site") situated in the Town of Southold, Suffolk County, New York is hereby adopted as the Decision in this matter subject to my comments below. After review of the record in this matter, it appears that over 90 percent of the subject Site contains valuable freshwater wetlands. The Applicant's present proposal to place fill over a large portion of these wetlands and to locate a septic system within 30 feet from these wetlands will cause severe adverse environmental impacss and therefore does not satisfy the requirements of Environmental Conservation Law ("ECL") Article 24 and the companion regulations in 6 NYCRR Part 662. The Applicant's proposal to destroy wetlands by filling and thereafter to ~onstruct a house on that fill directly and totally within a freshwater wetland is also inconsistent with the policy of ECL Article 24 to preserve, protect and conserve freshwater wetlands and the benefits derived therefrom. Finally, based upon this record and the PEIS accepted by the Town of Southold Town Trustees as lead agency, I cannot make the substantive findings mandated by ECL ~8-0109 and 6 NYCRR ~617.9, for I cannot conclude that this Project would minimize or avoid adverse environmental impacts revealed in the FEIS to the maximum extent practicable. Accordingly, the present application is denied. IN WITNESS WHEREOF, the Department of Environmental Conservation has caused this Decision to be signed and issued and has filed the same with all maps, plans, reports, and other papers relating thereto in its Office in the County of Albany, New York this~ day of March, 1986. DEPARTMENT OF ENVIRONMENTAL CONSERVATION HENRY G. WILLIAMS, COMMISSIONER STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION In the Matter of the Application of - CONSTANTINE P. GEORGIOPOULOS by The Land Use Company Freshwater Wetlands Application No.. FW 10-85-0023 HEARING REPORT by ADMINISTRATIVE LAW JUDGE A. Marshall Irving, P.E., hereby submits this Hearing Report including Findings of Fact and Conclusions in the captioned matter. A~}f~ihis~tvi~ L'a~- J~d~ PROCEEDING On February 27, 1985 the Staff of the Department of Environmental Conservation Ithe "Department") accepted as complete an application by Constantine P. Georgiopoulos, 111 Broadway Avenue, New York, New York 10006 (the "Applicant") submitted by the Land Use Company, sox 361, Wading River, New York 11792. This application requested approval to construct a single-family dwelling with an associated well and sanitary disposal system (the 'Project") on a parcel of land containing freshwater wetlands and adjacent areas situated on Great Pond at 180 Lake Court in the community and Town of Southold, Suffolk County, New York. This application was filed and processed pursuant to Environmental Conservation Law ("ECL") Article 70 (Uniform Procedures) Article 24 (Freshwater Wetlands); and Title 6 of the Official Compilation of Codes~ Rules and Regulations of the State of New York ("6 N¥CRR") Part 621 (Uniform Procedures) and Part 662 (Freshwater Wetlands Interim Permits). A Notice of Complete Application was published in the Long Island Traveler-Watchman on March 14, 1985 and in the Department's Environmental Notice Bulletin on March 27, 1985. A Notice of Public Hearing was pub~-~in the Department's Environmental Notice Bulletin on August 7, 1985 and in the Long Island Traveler-Watchman on August. 8, 1985 respectively. A public hearing was then held before A. Marshall Irving, Administrative Law Judge ("ALJ") in the Southold Town Hall, Southold on August 29, 1985. This hearing was conducted in accordance with the procedures in 6 NYCRR Part 624 (Permit Hearing Procedures) and was attended by 6 persons. The Applicant was represented at the hearing by Charles Bowman, President of the Land Use Company. The Department Staff was represented at the hearing by Charles T. Hamilton, Alternate Regional Permit Administrator and Associate Environmental Analyst, and by Charles A. Guthrie, Senior Aquatic Biologist, both from the Deprtment's Region 1, Stony Brook, New York. Sylvia wild, Charles wild and George J. Bambrick appeared as local residents/parties-in-interest in this matter while Ruth oliva represented the North Fork Environmental Council. Letters in opposition to the proposed Project were also received from the following persons: George Bambrick, Stanley Posess, Arlene and Kenneth Richter, Gerald Jacobsen, Mr. and Mrs. Charles Wild and Mr. and Mrs. Collins. The stenographic record of the hearing was not received until February 26, 1986, whereupon the hearing record was closed. STATE ENVIRONMENTAL QUALITY REVIEW ACT A Draft Environmental Impact Statement ("DEIS") has been prepared for this proposed Project by the Applicant pursuant to the State Environmental Quality Review Act ("SEQRA") and has been accepted as sufficient for the purpose of conducting this hearing. The Southold Town T~ustees, as lead agency, accepted the DEIS together with all comments and responses thereto as a Final Environmental Impact Statement ("FEIS") and on June 26, 1985 denied the proposed Project for a wetlands permit pursuant to Chapter 97 of the Codes of the Town of Southold on the basis of the FEtS. SUMMARY POSITION OF THE APPLICANT The Applicant presented the DEIS in support of its position in this master. The summary in the DEIS indicated that the proposed Project, if approved, would destroy wetlands, fill surface waters, degrade ground and surface waters, impact present surface water uses, change existing ~opography, change vegetations, have visual impact, destroy fish and wildlife habitat and change surface runoff. The DEIS also lists eight proposed mitigation measures intended to reduce the environmental impact of the proposed Project. SUMMARY POSITION OF THE DEPARTMENT STAFF The Department Staff is opposed to the proposed Project contending that the proposed filling of freshwater wetlands would decrease by at least 50% the present values and functions of the Site as a freshwater wetland. Staff also contends that the Project is not consistent with the policy of the Freshwater Wetlands Act to preserve and protect freshwater wetlands and the benefits derived therefrom. SUMMARY POSITION OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES In a letter dated August 15, 1984, the Suffolk County Department of Health Services (by Robert villa, P.E., Chairman Board of Review) indicated that the subject application for approval to construct a proposed sewage disposal system for the property of Constantine Georgiopoulos was rejected since the proposed system would be less than one hundred feet from surface waters. ¥ - 3 - SUMMARY POSITION OF THE INTERVENORS The Intervenors are collectively contending that it would destroy, by of freshwater wetlands. opposed tc the Project, filling, a significant area FINDINGS OF FACT ~pplicable Regulations 1. The Department St~ff has inspected the Site and has established the freshwater wetlands boundary on the Site as depicted on Appendix 2, attached to this Report. The Applicant's proposed Project is located in (and a~jacent to) a designated freshwater ~etland area as shown on the Tentative Freshwater Wetland Map for this area (Appendix 4). Since the Site is both in, and adjacent to, a freshwater wetland, an interim permit for the~:Project is required pursuant to 6 NYCRR §662.2(a). In addition to a freshwater wetlands permit from the Department, the Applicant must meet the zoning and setback requirements of the Town cf Southold and must meet the requirements of the Suffolk County Department of Health for installation of the sanitary disposal system. The Site 2. The Site in questi0~ is zoned residential and is located on Great Pond South at the intersection of Lake Drive and Lake Court in the community and Town of Southold, Suffolk County, New York (See Appendix 1). 3. Great Pond is a 28± acre freshwater elevation is at the groundwater level in the Pond. pond whose surface lands surrounding the 4. Several developed properties, each with individual houses, sanitary septic systems and wells, are located to the north and west of the Site. 5. The Site proposed to be developed is a waterfront lot on Great Pond. The Site is a diamond-shaped parcel (as depicted on Appendix 3} containing some 37,500 square feet. Proposed Freshwater Wetlands Map: Southold 410723 DD. Quadrangle 1975 ED The Pro~ect 6. The Applicant is the contract vendee of the subject site, and if approved some 11,500 square feet of the Site would be covered with 2,000± cubic yards of fill for the house, septic system and driveway. Some 5,000+ square feet of freshwater wetlands and 6,000± square feet ~f area within 50± feet of freshwater wetlands would be filled (See Appendix 3). The Applicant proposes to construct a single-family home directly and totally within a freshwater wetlands as shown on Appendix 3. The proposed septic system would be setback 30± feet from freshwater wetlands. The proposed well would be located to the north of the house at 100± feet from the septic system. The Applicant proposes to install a drainage pipe under the fill to drain the wetlands (north-west of the propo~sed house) which would be cu~ off from Great Pond by the fill. 7. No plans were submitted for the proposed driveway. It is reasonable to assume however that the driveway would extend southwest from Lake Court to the house. The Applicant proposes to place a pervious material (such as crushed stone) on the proposed fill for this driveway. Wetland Consideration 8. The Site presently contains 20,000+ square feet of freshwater wetlands area which is dominated by Phragmites communis (Common Reed) and buttonbush. Some 5,000 square feet of said wetlands would be destroyed by the proposed filling and some 15,000± square feet of freshwater wetlands (5,000± on the Site and 10,000± on the neighboring property to the west) would be cut off from direct connection to the waters of Great Pond. 9. The wetlands in question have specific value to the eco-system of Great Pond in that bass, sunfish and carp use the Site for spawning and habitat. The wetlands portion of the Site is also flooded during periods of high groundwater level and high rainfall. Although no wildlife was observed during Site inspections the DEIS states that it is likely the Site provides habitat for several species, including various upland birds and water fowl. 10. Ten (10) species of wetlands vegetation were found on Site as follows: Buttonbush, Marsh Mallow, Panic Grass, Phragmites, Purple Loosestrife, Red Maple, Rush, Sedge, Swamprose and Tupelo. These was no dispute that the wetland on and adjacent to this Site is a productive eco-system providing wildlife 2 A drain pipe is proposed under the fil~. nesting, habitat and food production values and that the overall Site serves to perform the wetlands functions and benefits as set forth in ECL ~24-0105. Specifically in that regard the Site serves to absorb excess nutrients in surface waters and serves in controlling flooding. 11. Great Pond is identified on the Department's tentative freshwater wetland map as a Class I wetland, because it is hydrologically connected to the drinking water aquifer, it consists of more than one eco-system type and Ospreys have used the area for nesting and feeding. 12. The present waser quality in Great Pond is "very high" and is at least at a quality suitable for bathing. 13. The placement of 2000± cubic yards of fill as contemplated by the Projec5 would lessen the wetland's flood control and filtration capacity and would reduce wildlife habitat. 14. In addition, the DEIS lists several unavoidable adverse environmental impacss that will result from the Project. Most importan~ of these is that placement of the sanitary septic system within 30 feet of the wetland will result in untreated and partially treated effluent reaching the groundwaters and surface waters surrounding the Site. Nitrates in this effluent could cause proliferation of algae and other plant material. Toxic materials in the effluent cguld also have an adverse impact upon fish and wildlife on the Site. CONCLUSIONS 1. The construction of the Project would cause an adverse effect on the values and functions of the freshwater wetlands on the Site since 5,000± square feet of wetlands would be destroyed by filling. This would destroy fishery spawning and habitat area and adversely affect the Site's flood control and biological filtration functions. The use of the wetlands on this Site by wildlife would also be inhibited by the presence of the proposed house constructed within the wetlands itself and by general human activity around the house. An additional 15,000± square feet of wetlands would also be deprived of their existing direct connection to Great Pond. In view of the foregoing it can be reasonably concluded that the carrying out of the subject Project is inconsistent with the policies of the Freshwater Wetlands Act. 2. As noted on Appendix B, the proposed septic system, as presently proposed, would be setback only 30 feet from a seasonally flooded freshwater wetlands area. Due to the configuration of the Site and the wetlands thereon, it appears that it is physically impossible to locate a conventional septic system on this Site that would be able to meet the hundred foot - 6 - setback distance from any wetland as required by the Suffolk County Department of Health. The proximity of this septic system to the wetlands presents a threat of potentially serious adverse impacts resulting from the infiltration of untreated and partially treated effluent into the wetland and Great Pond. with a single-family residence as proposed since the proposed location of a home would be totally within wetlands. Such proposed construction would not be consistent with the policy the Freshwater Wetlands Act to preserve, protect and conserve freshwater wetlands and the benefits derived therefrom. The P~o~ect also would not be compatible with public health and welfare since it would tend to increase the discharge of pollutants into waters which then eventually drain or discharge into Great Pond, which waters are of high quality. Lastly, the Applicant has not demonstrated that reasonable, less environmentally damaging his use of this Site. The Site logically and realistically cannot be developed of alternatives are unavailable to him for 4. In summary the Applicant has nor shown by this record that the Project as proposed could be constructed !n accordance ~lth the intent of the Freshwater Wetlands Act and the standards set forth in 6 NYCRR Section 662.8. A L O'N G I '~ LANE CONST~NTINE P. ~mDRGIOPOULOS F~W Application No. 10-85-0023 Appendix 1 MAP 5 WETLANDS MAP E.I.S. for Constatine P. Southold, New York Sept. 4, 1984 Georgiopoulos CONSTANTINE P. GEORGIOPOULOS F~Application No. 10-85-0023 Appendix 2 Land Us~ Company Wading River, N.Y~ MAP 2 SITE PLAN E.I.S. for Consta~lne P, Georgtopoulos Southold, New York CONSTANTINE p. GEORGIOPOULOS FWWApplication No. 10-85-0023 Sept. 4, 1984 Land Use Company Wading River, N.Y. Moved by Trustee Bednoski seconded by Trustee Kujawski 1. WHEREAS~ the application by Abigail'Wickham on behalf of Constantine Georgiopoulos for a Town Wetlands Permit has been received, and .WHEREAS, a Draft Environmental Impact Statement has been submitted by the Land Use Company on behalf of Constantine P. Georgiopoulos for the same Wetlands Permit WHEREAS, a thorough review by the Trustees and comment by the public at the public hearing indicate the Draft Environmenta3 Impact Statement is likely to be a true and accurate accounting of the facts surrounding this application RESOLVED the Southold Town Trustees accept the Draft Environmental Impact Statement as complete. Vote of Board: Ayes: All This resolution was duly adopted Mo~ed by Trustee Kujawski seconded by Trustee Bednoski 2. WHEREAS, the thouroghness and completeness of the Draft Environmental Impact Statement was supported bY all parties at the Public Hearing WHEREAS, no new relevant information, questions or mitigation measures were advanced at the Public Hearing RESOLVED that the Draft Environmental Impact Statement for the application of Constantine Georgiopoulos together with all comments and responses thereto shall be deemed the final Environmental Impact Statement for this project and shall proceed with the application. ~ote of Board: Ayes: All This resolution was declared duly adopted. Moved by Trustee Bredemeyer seconded by Trustee Kujawski 3. WHEREAS, the Environmental Impact Statement submitted on behalf of Constantine Georgiopoutos clearly indicates the following conditions may prevail as a result of the placement of 2,00~ c~. yds. of fill upon the subject parcel: 1. Some li,500 sq. ft. of wetlands will be lost forever. 2. Aquatic vegetation, fish, wildlife and their habitat may be destroyed or severely altered forever. 3. Flooding conditions may be altered 6-f created. 4. The ~atural movement of water in seasonal flooding will be altered. 5. The public health, safety and welfare may be jeopardizef by the discharge of toxic chemicals and bioloqical wast~ of domestic orlqin in close proximity to a wetland and ~ body of water currently used for swimming and with potential use as a potable water supply. WHEREAS, these fi~e (5) impacts constitute a majority of items in direct contradiction to the nine standards set forth in the wetland ordinance necessary ~o obtain a permit WHEREAS, these impacts can not be mitigated with the evidence presented, and WHEREAS, this parcel is greater than 90% vegetated by wetland species WHEREAS, the people of Southold Town singularly and in associations have spoken at public hearing in unanimous opposition to this application, and WHEREAS,the Trustee Body having diligently examined the facts in connection with this application believes this wetland unfilled is in the best'interest of the people of Southold Town, County of Suffolk, New York State RESOLVED the Southold T~wn Trustees deny the application of Constantine Georgiopoulos for a wetlands permit, pursuant to Chapter 97 of the Codes of the Town of Southotd. Vote of Board: Ayes: All This resolution was'declared duly adopted. N.Y.S. Dept. of Environmen~a! Conservation Regulatory Affairs unit Building 40 SUNY - Room 219 Stony Brook, New York 11794 Att: Mr. Thurber Gentlemen: Re: Permit No. 10-85-0023 am counsel for the Kenney's Beach Civil Association, Inc. as well as a member thereof. I am authorized ~o place our Association on record as completely opposed mo the application of one GEORGIOPOLIS to fill his parcel of land on the corner of Lake Drive and Lake Court on Great Pond mn Southold, Long Island. I understand that his prmor application was re3ected and I know of no change of Donditmons that requires the granting of his latest app!icatmon. We look ~o you ~o protect our natural resources and wetlands. We consider the repeated application of Mr. Georgiopotis a threaL to those wetlands and Grea~ Pond itself. Your administrative determinations are entitled to finality unless properly appealed and that rule applies ~o Mr. Georgiopolis. A reading of the Draft Envzronmental impact Statement dated September 4, 1984 ms so overwhelmingt~ connrary to the requested application that its' very submission raises serious questions as to its bona fides! i refer you nc the paragraph entitled Water Resources under "Adverse Environmental Effects That Cannot Be Avoided" if the project zs implemented. The litany of environmental horrors recited therein should be enough to merit denial our of hand. We requesn that his current application be denied winh appropriate written nonice thereof mo me on behalf of the Association I represenn. Your cooperanion lnd early reply are solicited. STANLEY PC SESS GERALD JACOBSON 1915 LAKE DRIVE BO]{ 1441 SOUTHOLD NY 1179I BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TOWN HALL 53095 MAIN RD. P.O. BOX 728 SOUTHOLD NY 11971 MARCH 22, i985 GENTLEMEN RE:PERMIT #10-85-0023 I WOULD LIKE TO REGISTER MY OPPOSITION TO THE GRANTING OF THE ABOVE MENTIONED PERMIT.I AM OCCUPYING THE ADJACENT PROPERTY TO THE WEST. THE ENVIRONMENTAL ISSUES ARE ALL CLEARLY SPELLED OUT IN THE "DRAFT ENVIRONMENTAL IMPACT STATEMENT" DATED SEPT 4, 1984. IT IS VERY CLEAR THAT THIS PROJECT WOULD BE EXTREMELY DAMAGING TO THE GROUNDWATER, FISH, BIRDS, AND ANIMALS. IN ADDITION I BELIEVE THAT ~ CONSTRUCTION ON THIS PROPERTY WOULD CREATE ALMOST CONSTANT FLOODING OF LAKE DRIVE. I ALSO AM DER~AIN THAT THE DISCHARGE FROM THE DISPOSAL SYSTEM WOULD CONTAMINATE MY DRINKING WATER AS WELL AS GREAT POND. I AM ALSO CONCERNED THAT THE FOUNDATION OF MY HOUSE WOULD BE IN DANGER DUE TO THE LOSS OF THE NATURAL PLANTINGS WHICH ACT AS A SOURCE OF PROTECTION AGAINST EROSION. FURTHER, IF YOU ALLOW THIS HOUSE TO BE BUILT IN A AREA CLEARLY DESIGNATED AS A CLASS ! ~!~A_~ AND PROTECTED AS SUCH BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, IT WOULD BE A CLEAR ~ OF YOUR RESPONSIBILITIES AS TRUSTEES OF OUR TOWN. THIS APPLICATION IS BEING E~ IN TO BEAT THE EFFECTIVE DATE OF YOUR OWN LOCAL LAW CHAPTER 100 ARTICLE Xt SECTION 100-119-2 ON THE LOCATION OF BUILDINGS ON FRESHWATER WETLANDS. I FEEL IT WOULD BE IMPROPER TO ALLOW THIS TO BE APPROVED,AS IT IS THE INTENTION OF THE TOWN TO RESTRICT THIS.TYPE OF CONSTRUCTI ON . ~~y~ ( Mailing Address ) George J. Bambrick 86 Lake Court Southold, N.Y. 46 Cedars Road Caldwell, N.J. 07006 March 19, 1985 Board of Town Trustees Town of~So~th6Td Town Hall, 53095 Main Road P.O. Box 728 Southold New York 11971 Sirs: I wish to go on record that I strongly oppose the application of C. P. Georgiopolos to construct a s~ngle family residence on the ~reshwater Wetlands adjacent to Great Pond and Lake Court. ( Suffolk Co. Tax Map - Sec ~ 59 - Block ~ 5 - Lot #31 ). I remind you at this time that on March 2. 1983 the Board of Town Trustees resolved to recommend to the Southold Towr Board the disapproval of the application to fill this tot with 1000 cubic beet of fill and construct a single family residence. This parcel is a Class I wetland and has been documented by the D.E.C. to contain 90% wetland vegetation protected under Article 24 of the New York State Enviromental Conservation Law. My neighbors and I have attended several hearings and reviews on this application since 1982 with the Town, County and State. I feel it is time a determination be made once and for all that this parcel of wetlands is a priceless gift that will be passed down to the next generations unspoiled and intact. Please advise me of any hearings scheduled on this application as will attend. Encl: (5) Yours truly,~ ~/~ George J. Bambrick New York State Department of Environmental Conservation Environmental /sly·is Unit Bldg. 40, ~UNY Stony Brook, ICl 11794 516 751-7900 Ogden ~eid, Commiss loner October 7, 1977 James P. I~o 2326 Royce Street Brooklyn, NY 11234 Dear Mr. Heo: I~: ~: 1~ 15273v00~1 ~p of $outhold ~ the Soum~we~t side of -_Court north of Croat ~d, Sou~ld. - As a result of your inquiry dated September, 24, 1977 · field inspection was made to determine if the above parcel is subject to regula- tion by this Department in accordance with Article 24 (Freshwater Wetlands) of the Environmental Conservation Law. It has been determined that the subject ~arcel is a fre·hw&ter ~etla~t, as defined in Article 24. Therefore, any activity proposed to be comgucted therein will be subject to regulation amd an eppli-catlon~st be filed with ~his office prior to commencement of WOrk. Enclosed for your information is an expla~tion of Article 24, & descrip- tion of the application process amd the rules %nd re~ileticms ~,hich govern the freshwater wetlands regulatory program. Very truly your·, . Regional Permit Administrator DJ-L: elm NOTE: Approximately 90 per cent of the property in qv~stioa wetland vegetation protected under lrtide 24. fact, ~is ~par~ent is obliged to object to of the vegetation on t~ above ~scrib~ lot. F ENVIRONMENTAl[ CONSERVATION APPLICATION project des~ri~tior . . Coo~t¥ 6f _ ~~o[t~ f .SEQR DETERMINATION: (check ao~roDriate'box) [] SEQR-1 Project is not sub ecl to SEQR because it is an exempt, exc uded orra Type. Il action. [] SEQR-2 Project is a Type I action: it has bee ~ determined that the project wil not have a significant effect on the en.vironment. A Negative Declaration .has been prepared and is on file. E3 SEQR-3 Project is an unlisted action: .it has oeen deter-mined th.at the project Will not'have a sigv~qcant effect on the environment ~[~ SEQR-4 A draft environmental impact s~atementd~as been oreDared on this oroiect and is or' file. E3 SEQR-5 A final environmental impact statement has I~een pr~"~ared on this orojec~ an(] is on file SEQR LEAD AGENCY AVAI LABHzIIY FOR PUBLtC COMMENT: Applications ma'~ be reviewed at the address listed below. Comments on the project mus~ be submitted to the Contact Person indicated below oy no later than ~:?,~ '~ lJ~%. 't ~.~ CONTACT PERSON:. ~ ~ ~ TO THE ~PPLtCANT: 1~ THIS]SNOT~PERMIT -2 TEis i5 to advls~ /ou ina[ you r application is cOmplete ara a review has commenced. date, if Geeme~ necessanv in orde~ to readh a decision on /our aDS icatlon. 3. Your project is classified~JOR Accerdngly adecisionw oemadewthi690daysofthedatedfthisNotice, ltagublicheafingis~ecessaw'y°u will be uofifled within 6~ davs and the Ee~ri~ w]H commence w~thin 90 days of the date of this r ~tice. if a hearing is held the final gectsion wfl~ be mace wit9 n 60 days attar the hearing,is como 4_ Pub[icaUon o{this Notide in a newspape~ s ~requ~rec ~ not requ~reo f requ r~d please cons~t~ ~he accol~panying trahs~ittai lette~ {or fu~Ser instructions. CC- Chief Executive U/fleer -- Enwronmentat NoUce Bulletin, ~oom 5~, 50 Woff Road. Alban~ N Y 12233 0001 File ~.S~ CHIEF EXEcLmvE OFFICER Side (1), of Twos ~ Leac~ Agency: ~ddress: SEQR Notice of Completion of Dl-aft ElS New York State Project#~'ifany~, 10-85-0023 Department of Environmental Conservation Regulatory Affairs Unit Bldg. (40), SUA~f, Room 219 Stony Brook, New York 11794 Date: February 27th, 1985 This notice ~s ssued pursuant to Part 6]7 land locai law # i'q/A if any) of the 'nple- menting regulations pertaining To Article 8 (State Environmenta! Quality Review~ of the Environ- mental Conservation Law. A Draft Environmental Impact Statement :has been completed and accepted for the proposed action described below. Comments on the Draft ElS are requested and will be accepted by the con. tact persw~ until ~ril llth, 1985 Title of Action: Constantine P. Georgiopoulos, and others. Description of Action: Place 2000 cubic yards of slean fill; construct a one-family dwelling; and install septic system. Project proposed to be in a 11,500 square foot area of freshwater wetlands. Location:~lncludethe name ofthe county and~own.) Projecn site is on Great Pond, an 180 Lake Court, Southold, Town of Southold, Suffolk County, New York. Please See Reverse ... Side ('2), of Two SEQR Notice of Completion of Draft EiS Page2 Potential Environmentaitmpacts: Filling of existing wetlands and surface waters; degradation of ground waters and surface waters; effects on present surface water use~ and scenic visnas; changes no existing topography, vegetative types and run-off patterns; destruction of existing fish and wildlife habitats. Copies of the Draft ElS may be obtained from: Contact Person: Address: Phone No.: R. Thurber, Senior Environmental Analyst, ~SDEC, Bldg. (40), Sb~, Room 219, Stony Brook, New York (516) 751-7900 11794 Copies of this Notice Sent to: *Commissioner-Department of Environmental Conservation. 50 Wolf Road Albany, New York ]2233-0001 Environmental Notice Bulletin-DEC 50 Wolf Road. Room 509. ALbany, New York 12233-000] * Appropriate Regional Office of the Department of Environmental Conservation *Office of the Chief Executive Officer of the political subdivision in which the action will be princi- pally located 'At )ther involved Age~-~cies (if any) State and Regional Clearinghouses Persons Requesting Draft ElS Town of Southold, Supervisor Town of Southold, goard of Trustees S.C.D.H.S. - Walter Lindiey cop)' of the Drafl EIS must also be included (see 617.10(e)) TO: Trustees FROM: Trustee Bredemeyer RE: Carlucci Wetland Application DATE: March 22, 1985 PLEASE BE ADVISED THAT I HAVE SPOKEN TO MR. HAMILTON AT THE D.E.C. AND WAS ADVISED THEY WILL HOLD THE D.E.C. PERMIT FOR MR. CARLUCCI. IN REGARD TO THE CONSTANTINE P. GEORGIOPOULOS MATTER THE D.E.C. WOULD LIKE THE COMMENTS FROM THE TRUSTEES IN REGARD TO THIS MATTER. (BY: APRIL 11, 1985) POTENTIAL ENVIRONMENTAL IMPACTS: AREAS TO BE ADDRESSED: FILLING OF EXISTING WETLANDS AND SURFACE WATERS: DEGRADATION OF GROUND WATERS AND SURFACE WATERS; EFFECTS ON PRESENT SURFACE WATER USES AND SCENIC VISTAS; CHANGES TO EXISTING TOPOGRAPHY~ VEGETATIVE TYPES AND RUN-OFF PATTERNS: DESTRUCTION OF EXISTING FISH AND WILDLIFE HABITATS. PLEASE REVIEW FOR I~JtRCH 27, 1985 POSSIBLE RESOLUTION TO FORWARD COMMENTS TO THE D.E.C. RELATIVE TO THIS NOTICE. COMMENT DATE IS ARRIL 11, 1985. THIS DRAFT ENVIRONMENTAL IMPACT STATEMENT WAS SUBMITTED AND, I BELIEVE YOU HAVE COPIES OF SAME. IF YOU DO NOT, PLEASE LET ME KNOW, AND I WILL RE-COPY SAME. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL Sl ATISTICS OFFICE OF THE TOWN CLERK TOWN OF Sob~rHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold~ New York 11971 TELEPHONE (516/765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 24, 1983: WHEREAS, Abigail A. Wickham, Attorney, on behalf of Constantine P. Georgiopoulos applied to zhe Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 14, 1983, and _WHEREAS, the said 'application was referred to the Sou%hold Town Trustees and Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 19th day of April, 1983, at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Abigail A. Wickham, Attorney, on behalf of Constantine P. Georgiopoulos be denied permission under the provisions of the Wetland Ordinance of zhe Town of Southold zo fill lot with approximately 1000 cubic feet of off-site fill, in order to raise elevation five feet and construcz single family residence at 180 Lake Court, on Great Pond, Southold, New York. This denial is without prejudice because the Town Board has not received the Draft Environmental Impact S~atement. STATE OF NEW YORK COUNTY OF SUFFOLK Office of the Clerk of the TOWN OF SOUTHOLD (SEAL) SS: This is to certify that I, Judith T. Terry, Clerk of the Town of Southold, in the said County of Suffolk, have compared the foregoing copy of resolution with the original resolution now on file in this office, and which was passed by the Town Board of the town of Southold in said County of Suffolk, on the ....2..4...t..h..... day of ....... ..M..a.x ..................... 19-8...3...., and that the same is ~ correct and true transcript of such original resolution and the whole thereof. DEPARTMENT OF' HEALTH SERVICES August t5, 1984 COUNTy OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUtiVE DAVID HARRIS. M.D.. M.P.H. Ms. Abigail A. Wickham Wickh~m, Nickham & Bressler, P.C. P. O. Box 1424 Mattituck, New York 11952 Re: 14S0-77, Property of Constantine P. Lake Drive, Southold Georgiopoulos, Situate S/S Lake Court, E/O Dear Ms. Wickham: The above referenced ~pplication for approval to c~nstnuct has been rejected by the Nastewater ~anagement Section because the proposed sewage disposal system will be less than one hund?ed (100) feet from surface waters. The review of this case has been scheduled for September 21, I984, at 11:00 a.m., in the Suffolk County Department of Health Services Conference Room, 2nd floor, North Wing, County Center, Riverhead. You and interested parties are requested to appear, with or without counsel, and you may pwoduce any information or evidence concerning the above referenced property. Very truly yours, Robert A. Villa, P.E. Chairman Board of Review RAV:cah CC: Mr. James L. £orbin Mr. Harold Scott ~r. Royal '~. Rexnolds~ The Land ~se (Mailing Address) George J. Bambrick 85 Lake Court Southold, N.Y. 46 Cedars Road Caldwell, N.J. 07006 Manch 19, 1985 Mr. Robert Thurber Senior Enviormental Analyst Regulatory Affairs Unit Bldg. 40 S.U.N.Y. - Room 219 Stony Brook, N.Y. 11794 Re: Freshwater Wetlands Permit = 10-85-0023 C.P. Georgiopolos ( Suffolk Co. Tax Map - Sec = 59 - Block #5 - Lot # 31 Dear Mr~ Thurber: I wish to go on record with your aepartment that I strongly oppose the granting of a =reshwater Wetlands Permit to build a single family residence on the lot specified in application = 10-85-0023 ( Suffolk Co, Tax Map Sec 59 - Block 5 - Lot ~ 31). As you are aware this area has been classified as a Class I wetlands, the most valuable type under the State's designation system, as such it surely requires the full protection of your office. If your department allows these areas to De destroyed ~ne cummulative effect on the local enviornment with respect to our drinking water, our soil conservation and a safe naven for our wildlife will be irreparable. The local community' has oDDosed the granting of a building permit a~ the Town, County amo State level since March 1982. I enclose copies of corresponoence and decisions made over the oast three years concerning lot These include: Your departments determination that this parcel contains 90% wetland vegetation protected under Article 24, ( Oct. 7, 1977) Recommendation by the Southold Board of Town TrusTees to the Southold Town Guard ~o disapprove the wetland ~pplication ( March 2. i983 ). 3. Denial of permission to fill the lot with approximately 1000 cubic feet of fill by the Southold Town Board. ( May 24, t983 ) The rejection of the application to construct by the Wastew~ter Management Section of the Department of Health Services for failure to conform with the standards ~of the Department. ( A. ugust 15~ 1984 A review of the case was scheduled for Sept. 21, t984~ Note: I attended this review at which time it was revealed that the applicant did not nave a D.E.C. permit nor a Southold Town permit. The Department of Health Services then decli, ned to entertain the review until such oermits were acquired. In closing I strongly urge you to vigorously enforce our existing laws and regulations established to protect areas SUCh as this wetlands lot from destructive develoDment. Please advise me when and if a hearing is scheduled by your DeDartmen~ in this matter so that I may att~qu. Thank you, ~ ~ George d. Bambrick Enci: (4) Copy to: Southold Town Board Board of Town Trustees Mr. Roy Reynolds, Suffolk County Health ]eDt. Ref: No. 14-50-77 Board of Review, Suffolk County Dept. of qealth Services Attention: Miss Carol A Hunsinger ~ i~ ~.~. New York State Department of Environmental Conservation Re: LEAD AGENCY COORDINATION REQUEST Dear The purpose of this request is to determine under Article 8 (State Environmental Quality Review - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1, your jurisdiction in the action described below; 2. your interest in assuming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. I have enclosed a copy of the permit application and a e~ Environ- mental ~m to assist you in responding.-)~ DEC Project #: ~D~-~3--(~Y--~ SEQR Classification: [ ] Type I DEC Contact Person: -2- DEC Position: [ ] DEC has no objection to your agency assuming lead agency s~a~us for this action. [ ] DEC wishes to assume lead agency status for this action. [ ] Other. (See comments below) Comment s (optional): Tl~e lead agency will determine the nee(~ for 'an environmental impact statement (EIS) on this project. If you have an interest in being lead agency, then please contact this office within days of the date of this letter. If no response is received, it will be assum~-d that your agency has no interest in being lead agency. Please fee] free to contac~ this office for further informatio~ or discussion. Sincerely, Enclosures cc: (attach distribution list) /pp Deparl o Ar En ' rs NeW York' ~ate gepattmenl of Environmental Conse~/ation J Add esses ~n Back of Page Add~ :~ , LICA ION DECAp~[ rio. No. FOR PERMIT Read ~5t~cbons on back before completing thru apphc~bom P~ease ty~e or print clearly m mk. Use sepzrate addenda and exMbts to prowde all r~u r~d da~ and ~p~anat[ons for wNch s~e on tMs form ~s inadequate. ~,CLE 25 (TIDAL WET~NDS) ~'A~ICL[ 15, TITLE 5 (PROTE~ION OF WATERS) ~For the disturbance ora s[re~m b~ or bank. ~ ~ J ,For the construc~on, ~onstru~Jop, or repair of a DAM or other impoundment structure ~ [ For excavation in or fiji of navisab]e waters. ~ A ~TICLE 15~ TITLE 15 ~&'ATER SUPPLY) ~ JTICLE 15, TITLE 3 (CONTROL OF AQUATIC iNSEtS, WEEDS, OR UN~ESIREABLE FISH) . ~N 1O~ER &~RBOR~T OE~)foe s~tures ~wo~viga~wa~7~e U~ ~( ~st~tige P~ Geor~!opoulos~ Redfield ~d Geor~opoulos,lll groa~w~N 2. A~a~ gN} [S ~AN ,~ [gdi~d~J ~ ~nership ~ Association ~ Corporation ~ Muni~ipaJity ~ Governmental Agency Street Address or Post ~ce Bo~ ' -- ost Offi~ ~ ~ [ State ~p Code ,qm~ tho] d ~ ~O].k I ~eat ~o~ 7. PROPOSED USE: '. [8. PROPOSED START~N~ DATE:J 9. APPROXIMATE COMPLETIeN DATE: 10. AP~ATION FEE Ap~:.ic~t proposes to ~onstruct a single f~ily dwelling ~d S~it~y system on 180 L~e Cour~ Southold~ on Great Pond, Approx, 2000 cyds of clem, fill will be utml~zed to prow de necessary elevation. 13~~~RKS ARE: LOCATED: J Mattituck Tra~Watchm~ _ . ff '~es" explain in addenda g v ng easons an:~ da es, and show ex s ng wok on d ~w ngs or maps. 16. CERT FICATION: "} ~P 2 SITE PLAN E.t.S. for Constatine P. Georgiopoulos Southold, New York Sept. 4, 1984 Land Use Company Wading River~ N.Y. STATE OF NEW YORK ) I SS: COUNTY OFSUFFOLK ) ANNA T,R~'~AR of Greenport. in ~J said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of SUffolk and State of New York, and that the NotiCe of which the annexed is · printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 4 dayof Apr±t 19 $5 Principal Clerk ~ Sworn to before me this 4 o= AI!N M. ABATI~ day of Apri 1 19ud?~v PUBLIC. State ef New York COUNTY OF SUFFOLK STATE OF NEW YORK Patricia .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, has been published in said Long Island Traveler-Watchman once each week for .... ! weeks successively, commencing on the ....................... Sworn to before me this ..................... day of Notary ?ublic BARBARA FORBES Notary Public, State of ~ew York No, 4806846 (~ali~ied in Suffolk Co~ ~ COUNTY OF SUFFOLK DEPAF~TMENT O~F HEALTH S. ERVICES Land Use Company.-. North Country Road Box 361 W~din§' River, N.Y. t1792 Re: H.D. Ref. No. 14-S0-77, Property of Co~statine ?. Georgiopoulos (T) Southold Dear Sirs: The application for approval to construct on the above referenced parcel mas been ~eceived and reviewed. This application is not being processeu for approval as sub- mitted because it does not appear to conform with the standards of this Department. The proposed sewage disposal system will b~ tess than 100 feet from surface waters. (At the time of inspection by this Department the prope'rty was subst~tiall~ under water). If this matter cannot be resolved, we would like to bring to your attention that there is an appeal procedure whereoy an applicant may request a variance from these stand- ards. In order to apply for'a variance, it is necessary to write to Board of Review Suffolk County Department of Health Services County Center Riverhead, New York '11901. ATTENTION: Miss Carol A. Hunsinger stating the reason(s) why such a variance should be granted. Requests fo~ variances will be scheduled as soon as possible for a hearing before the Department's Board of R~view, whereby an applicant can present his justification for a variance. Verytruly yours, JUDITH T. TERRY T 0 '~,~ CLERK REGISTRAR OI' VIT&L ST \ I'ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold. New York 11971 TELEPHONE (516) 765- [$01 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOED TO~%~ BOARD AT A REGULAR MEETING HELD ON MAY 24, 1983: WHEREAS; Abigait A. Wickham, Attorney, on behalf of Constantine P. Georgiopoulos applied to the Southold Town Board for a permit under the provisicns of the Wetland Ordinance of the Town of Sou~hold, application dated January 14, 1983, and _Wi4_EREAS, the said application was referred ro the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect ro said application on the 19th day of April, 1983, at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Abigail A. Wickham, Attorney, on behalf of Constantine P. Georgiopoulos be denied permission under the provisions of the Wetland Ordinance of the Town of Southold to fill lot with approximately 1000 cubic feet of off-site fill, in order Go raise elevatio~ five feet and conszruc5 single family residence at 180 Lake Court, on Great Pond, Southold, New York. This denial is without prejudice because the Town Board has nor received the Draft Environmental Impacz Statement. STATE OF NEW YORK COUN-FY OF SUFFOLK Office of the Clerk of the TOWN OF $OUTHOLD This is to certify that I, Judith T. Terry, Clerk of the Town of Southo[d, in the said County of Suffolk, have compared me foregomg copy of resolution with the anginal resolution now on file in this office, and which was passed by the Town Board of the town of Southold in said County of Suffolk, on the .._2..4...t..h..... day of ....... .~.~.Y. ..................... 198..3...., and that the same is a correct and true transcript of such anginal resolution and the who[e thereof. In Witness Whereof, I have hereunto s~t my hand and affixed the seal .of said Town this ...2...6..t_h..._. day of ........ ]..~..z..y.....[ ............... 19....8.~. ..... ........ 421erk of the Town l~(xlrd. Town of 5outhoid, County of Sufl~6lk, N. ¥ New York Slate Departm~ff o.f Environmental Conservation'~ Environmental Amlysis Unit Bldg. 40, SUN~ Stony Brook, NY 11794 516 751-7900 C~den Reid, Commissioner October 7, 1977 James P. M~o 2326 Royce Street Brooklyn, NY 11234 Dear Mr. Meo: ~91~c~tiq~ .90: RE: - ___ L- '--_ I~ 15273-0~1 Map of $outhold om the $oum~ ~st side of Court north of Great Pomd, $out~otd. · - As a result of your inquiry dated September, 24, 1977 · field inspection was made co determine if the above parcel is subject to tion by this Department in accordance with Article 24 (Freshwater Wetlands) of the Environmental Conservation Law. It has been determined that the subject ~arcel is · freshwate: ~etland, as defined in Article 24. Therefore, ·ny-activity proposed to be comducted therein will be subject to regulation and an application ~uat be filed with this office prior to co~zmencement of work. Enclosed for your information is an explanation of Article 24, · deacrip- tion of the application process amd the rules 'amd re~-2lation$ which govern the freshwater wetlands regulatory program. · Very t~ruly yours, Regional Permit ~ministrator DJ'L:alm - --- NOTE: Approximately 90 pez cent of the property im ~Stlon c~tacta~ wetland vegetation protected under Article 24. $~d ~ this fact, this Department is obliged to object to am7 dlat~rbance of the vegetation on the above described lot. 2LERK 1T-3/7/85(6) rEa r orxc - ,~O TiC E OF PUBLIC HEARING LOCAL LAW PUBLIC NOTICE is hereby given th~ there has been presea~ed to the Town Board of the Town of Southotfl, Suffolk Cc~anty., New York, on the 8th day of November; 1984, a Local Law entitled, "A Local Law in relation to building set-heek require- ments on lots adjacent to Water Bodies & Wetlands," which reads as follows, to wit: BE IT ENACII=D by the Town Board of the Town of Southold as follows: ' (axldition~ indicated in bold; deletions by [brackets]): Chapter 100 (Zoning) of the Code of the Town of SoUthold "is hereby amended a~ folloWS: I. Article al Requimmentsl by adding a new section there- · W; tohe section 100d19.2, to read as folJows: Section 100-119.2. Building set-hack /mm w~tor hedles and wedi~ls. Notwlth~t~HnE a~y other ~vt~lon~ of this dmpter, the f~llowlng set-heck re%Ire. ment~ ~ apply to all : ~cent to water bo~es and wet. isnda: A. Lots edlaeent to Long hlund Seund, (1) Ail buildings lee. d on Io~ adjacent to Long Island Sound, and upon wbJeh ~ exists a bluff ~r bank ~ ward of the shore er bsuch shall be set.b~-k not Ice'kan 100 feet h'om the top of bluff or bank. (2) Except as otherwise vided in subOJvlslon hereof, aB buildings located lots adjacent to Long tslund less than 100 feet from the me~ ~,h water ~ of Lo~ Island Sound. B. All buildings lo~te,/ lots edJ~u-'ent to tidal water ~bodles other tlm~ Long Isl,~md und, sh~il be set-beck not less ~ 75 feet /rom mean high water mark of such tidal wator body~ or not ]ess than 75 feet from the lundwasd' edge of the ~ wetl~d, whichever is greater. lots adjacent to any freShwsler b~ly shell be set.back not lo~ 'flnm 75 feet from the edge at such water b~ly, ar not less th.~ 75 feet frem the lunch~-d edge of the freshwater wet- ~land~ wbichever ts greater. H~ This Local Law shall , effect upon its filing with the ~ $ec~etary of State. ~ CoP~es of said Local Law are A~valla~le in the Office of the · 'Towo C~erk to any intorested · ' persons during business hours. NOTICE I$ FURTHER GIV- EN that the Town Board Of the . Town ot' Southold will hold a public heating on the afore- said Local Law at the S0uthold Town Hall~ Main Road, Seuth~ old, New Y0rk; On the 12th day of March, 1985, at 8:10 o'clock P.M., at which time all inter- ested persons' will be heard. 1985i NOTICE OF COMPLtz-i'E APPLICATION Applicant: ConStantine Georgiopoulos; Date: ary 27, 1985; Address: tI~ llroadw~y, New York, New York 10006. Permits applied for 'and application number(s): Fresh- water Wetlands- Permit No. 10-85-0023. Project description and lo- cation. Town of Southolfl, County of Suffolk. Place 2000 cubic yards of aean fiI,E~*construCt a one, family dwelling; and install septic system; Project will be in a 1t,500 square foot roof freshwater wetlands: Project on C-rear Pond, at tS0-Lake Court, Seuthotd, New York. .$F. QR DI~I-P.;RMI~ATION: ~EQR-4 A draft environmental iinpact statement has been prepared on th{s project and is on file. :5EQR LEAD AGENCY: NYSDEC. ·; AVAILABILITY FOR PUB- 'LIc COMMENT: Applications ~ay be reviewed at the address listed blow.: Com- ments on the proiect must be submitted to the Contact Per- son indicated below by no later April 11, 198& CONTACT PERSON: Ro- bet~ N. Thurber; Senior Envir- onmental Analyst, NYSDEC, Regulatory Affairs Unit~ Bldg. ' ~ 1T-3FI4/SS(1) 1, 1985 MEETING Iti. 12. Letter of opposition regarding the application of Constantine Georgiopoulos for a wetland permit. Flushing~ N.Y. 11357 April 19, 1985 Mr Henry Smith~ President Town of Southold Board of Trustees Main Road Southold~ New york 11971 Dear Mr Smith As property owners in Southold we object to the request for approval of Wetland application 10-85-0023~ Lake Court, Southold. This fresh water wetland property~ filled and built upon would cause t~tal devestation on the area. if back- and complete Very truly yours, Mr 8 ?Irs Charles Wild 196 16 42ROAD Flushing, New York 11358 April 17, 1985 Mr Henry Smith~ President Southold Board of Trustees Main Road Southold~ New York 11971 Dear Mr Smith, As property owners in Southold~ we object to the request for approva! of Wetland application number 10-85-0023~ which calls for 2~000 cubic yards of fil! and construction of a one family dwelling and installation of a septic syste~. This land is located on Great Pond~ one of the largest fresh water bodies on Long I'~land and approva! of this permit would have a negative impact on the area. Enclosed for your convenience please find correspondence fi!e related to this issue. Very truly yours, A~line~& Kenneth E. Richter STATEMENT Re: Application for Wetlands Permit Constantine P. Georgiopoulos By Abigail A. Wickham~ ~q. Description of P~oject: Fill to be placed as shown on sketch to raise elePation from 0 to 8 feet; fill will be stabilized and graded; then ~ res~idence will be erected to comply with 11 foot elevation require- ment of A~10 Flood Zone. Applicant is unaware of any prior operations conducted on the premises or of any prior licenses or permits to construct, dredge or fill. Adjoining Owner; Mr. and Mrs. Joseph 2045 Lake Drive SouthOld, NY 11971 Zimmer Signed Consent of owners (Mongello & DeChiaro) is attached. Applicant is under Contract with owners to seek necessary approvals for building permits. February 10, 1982 TO WHOM IT MAY CONCER/Q: By contract dated December 22, 1981, the undersigned have agreed to sell to ConStantine P. Georgiopouios certain premises designated on the Suffolk County tax map as District 1000, S~c- tion 59, Block 1, Lot 21 in the Town of SouthOld, County of Suf- folk, State of New' ¥orko Constantine P. Georgiopoulos is fully authorized and empowered to make (1) any and all applications in order to obtain final subdivision approval and all other nec- essary approvals or permits by every governmental authority or entity having jurisdiction over said premises as may be required pursuant to the laws, ordinances, rules, codes, regulations and procedures of said governmental authorities and entities for the subdivision of the said premises and (2) all approvals and per- mits of Whatever kind from the governmental authorities or enti- ties havi~g jurisdiction over certain premises ~esignated on the Suffolk County tax map as District 1000, Section 59, Block 5, Lot 5, which are.required for the improvement for a single family resi- dence of the S0u~heas£erly portion of that real property which is approximately 37,500 ~square feet in area and is designat~ as Par- cel 2 on an unfiled map'entitled "Map of Southold on the Sound", survey on June 14, 1972, by Van Tdyl &~Son. WICKHAM. WlCKHAM & BIRESSLEF~. P.c. No~zember 13, 1984 Southold Town Trustees Town Hall Main Road Sou~hold, NY 11971 Re: Application of Constantine P. Georgiopoulos Gentlemen: Enclosed are the following in connection with the above matter: 1. Application for Wetlands Permi~ with statement and consent of owners attached, in quadrUPlicate; 2. Short Environmental Assessment Form; 3. Sketches; 4. Check to the order of the Sou~hold Town Clerk in the sum of $50,.00, representing 'the application fee; Draft Environmental Impact Statement, in triplicate. If any additional information is required, please do not hesitate to contact us. Very truly yours, Abigail A. Wickham /emu encls. This application was submitted to the Town Board several months ago and denied withou~ p~ejudice due to failure to submit a Draft Environmental Impact Statement. That Statement has been prepared, and we are now resubmitting the application. SHORT TOWN OF SOUTHOLD ..... .~ ENVtROHL{ENTAL ASSESS~4ENT FOR~J INSTRUCTIONS: (a) tn Order to answer the questions in this short EAF it is assume that the preparer wii1 use currently avaiiable information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the projeet may be significant and a completed Environmental Assessment Farm is necessary. (a) If all questions have been answered No it is likely that this project is not significant. En--~ronmen~al Assesszent 1. Will project result-in a large physical change ho the project site or physically alte~ more %hah 10 acres of land? ........................ ~ill there be a mo~or change to any unique or unusual land form found on the site? .......... ~ill pro,eat alte.~.or hove a large effect on existi~ng body of water? .................... ~ill project hove a potentially large impo~ ' .8. 10. 11. 12, 13. 14. 15. Yes V/N~ Yes ~,/No Yes, viNo. ag groundwater quality? ...... : ....... Yes '~7No W~lt project significantly effect'~;~i~e ' / - flow adjacent sites? ' Yes ~/No Will project affect any threatened or endangered plant or animal species? ...... . . Yes~/No Will project result in o major adverse effe~ on air quality? .............................. Yes v/No %?ill project have o major effect on visual "' character of the community or scenic views or vis%as known ia be important to the communi[y? YesV~No W~'l~.proj:~ct adversely impact any site or structure of historzc, prehistoric or paleontological importance or any site designated os o critical environmental oreo by a local agency?... .... ~ ..... ~..--.-~.v-..-.v-~..v Yes Will project hove a major effect on existing or future recreational opportunities? ......... Yes ~/'No Will project result in major traffic problems or cause a major effect to existing transportation system's? ....................... Yes ~/No' %~ill pro~ect regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation? .................................... Yes ~/No Will project hove any impact on public health or.so£ety? .................................... Yes,/No Will project affect ~he existing community by - directly causing a growth in permonen~ population of more %hah 5 percent over o one year period or hove o major negative effect on %he character of %he community or neighborhood? ................................. Yes~ No Is there public controversy concerning ~he ...................................... REPRESENTING Co~/~tantine P. Georgiopoulos DATE November ~, 19D4' "Town Of 2outhol~ To~'n Clcr.;s OIZice $oudmId. N. Y. APPLIC,kTION FOR WETL~kR-DS PERS~IT Applic=:icn No ..................... Dose of Applicc;'ion No~zember 13, 1984 CONSTANTINE P.- GEORGIOPOULOS Ident.%, of ^ppI~c:n~-B~...Ahig.a..%.l_...A..:...N..i.c. kham._.E.aq ................................................. l ............. Main Road - P.O. Box 1424 Add:-~ss af AppUccnt Mattituck, New York 11952 INSTRUCTIONS FOR PERMIT A. This ~" ap,~.,a..ion is to be aamplerety filled in by typewriter or ink and submitted to the --own Clerk in quedru~llcote, accompanied by writter permislion fram the owner of the predate' if the s~me ~s the ~pplicant. B. PiIct Pica must be drawn re sc=ir on the reverse ~.~de of this cT~/'-'.lic=:ian showing the of pre=used prcjac:. (Note: Cap/es of the Pilot Pica may ue mede by c ccpy machine 'and ~ No operation shall be initiated by the cppliccn~ umrll ail ~ermi~s that cra required are D. ^ detailed statement af the rehcbditctiar~ amd prc.~esed condition of the premises of:er the' work ie completed mus~ be given, incJudimg a survey i¢ required. -. E. If permit i~ beinff s~ughr for a mare sizeable excavation than the ccnstructicn of o priva:a s~dgle deck or jetW, then thJ~ application must be accompanied by a su~ey and topcgrcph[cai map codified by a r~gistered land sd~ey or Pro~assicnal Engineer. ~ne horizcn~l con,roi of su~'ey sh~il ba based upon an approval l~a[ coordinate system. Thc ve~icaI contr~l {or elevation and sound- ings shall be based upon United States C~st and Geodetic Su~ey and/or United States GaaIagical flue/ay da:urn. ; F. A statement mus~ accompany the cppJlcatJon describing cay known prior operations conducted Bn the premises in questicn ~nd whether cay prior licenses or permits have been i~ued ~o erect structures or to dredge or deposit fiji on sa~d premises and whether any such permits or licenses were ever revoked or suspended by a governmental c~cncy. ; G. A [il;r~cj fee of ¢50.00:hali accompany the a~plicalic'a. This ,filing fee ina!arias cae inspection. ~here is a ~5.00 fee for each additlanal inspection. H. The Town Beard uocm request. ~..~e cppUccnr.., for a permit, may waive in,~hole er in pan. the pray,siena c~ ~crm,r =hail be arc,JoUle ~¢r inspection at any time, upon reque~.r. E×~,,--.~r-ed ............................................. ~--- 19 ....... A~.-.-.-:-~d ........................... ~ ................................... Discs~rovcd ........................................................... Cr-.,a,¢it[c.'-.,', ;f c?-'.' ....... Ex:mining Ecc:y .................................................................................................................................. S[_~n::ur.~ of Choir.mca ................................. : ............................................. L.;._: ................................. AP.=LICATiCiq IS HERE=-Y MADE to the T¢',vn Bo:rd of the Town of SouS'ho!d, Su~fa!k lng 'L_,-* Cc=scat and [a;arior Wet[cads, Flared Pla~ns and ~rc:nc~ Areas of the Towna.~'c~T'-u-:___,.._.a." ' - fill 1~ !i 2000 f~ t ~f Pe~it re~_-st_~ to with a~roximate cubic e off fill, in order to Eaise elevation 8 feet and construct residence. " Eg...~!~.~.g...~.?.R~.:...~.f~glk..Q. euD.~...Iaa._~p..I~.....1 OD.~=5.i=a=5 .................................... ' H=mz c~=-==~ o~ permit c~p{icmmt '~ "== .... {rcm afcr~cld lcc::!:m 111 Broadwax,- . - New Yor~', New York 10006. Size of pr.e.~ased wor."'.~ . .- 100 feet Before 0'; After 8' at house, to be gradea down Hc[;ht Above H gh Water ..~.t~.~....p..e..~r..i.m~..t..e.~.r.~.a.t..~..~.~.].~.a..n.~..e..~"~..f~.~Q~.e~..an~4~pr~p~r~ ~ se cured. ' .............. C~p:h ~c~cw Lo,~ Wa:er .............................................................................. .-. ....................................... Yards to h"_ £xcc:'ctcd ......... 0 .............................................................................................. ----------.,.... · A roximatel 2,000 . . ....... Yc:d: to 5e Filled ................... ~'.P. ..................... ~ ..................................................................... .. ' ~ ...... 400 feet, more or iess '' ~' V/id:h o{ camcO, crcck er bay f/cretin.D ~.~.,~ ................................................................................. ~s :hi: .":r =~,,=:c er bu=m'_'== u:_-? Private Use Are= Z:r:~ ......................................... A ................................................................................................ which mc:~r.~e] wiH he removed cr dc..~r_d""-'- .................................................................. truck and bulldozer . Intenf~ use 0.£ ~r¢=~::;- . ............. si~g~e=famil.y..ze~id~nce ..................................................... %Vri::en =cra:em: cf e,¥ner o~ prc~crrA ii: not :he seres cs the c~.=iic:~: ...... ~p.~..1..'.l..c..a..n...t. ............ - CCUNTY OF SUFFCL'.< STATE OF ABIGAIL A. WICK~, .................................. attomey for -. - - By ~iga~ A. Wi~