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Home My WebLink AboutRICHMOND SHORES ASSOCIATESPOS J[~, PECONIC, L. I., N.Y. 1195S July 25, 1988 Honorable Francis J. and Council Members Southold Town Board Main Road Southold, NY 11971 Murphy, Supervisor " Dear Honorable Murphy and Council Members:= RE:- Richmond Creek Farms Associates Project N/E side of Richmond Creek Our research reveals that the above-named out-of-town developers who, according to the records, will use an Atlantic City, New Jersey construction company, have contributed land uo the Gre~npor~ water system so that their project may be connectad to obtain water. Does the Town Board have any jurisdiction over the rejection or accept- ance of a permit which affects our nown such as described below? ' Seeks ex en wa ®r Mayor George Hubbard is expected to submit a petition to. the Suffolk County Water Autho,r. ity }'equesting that the villagq. he allowed'to expand its .wat~r;fl~armhise area to inchide~ Peconic development'which i~'~o~tiguous with th'e-vili,~ s-~ franchise area in Peconie. Providigg w~ter for this develop- meat will provide another well in Peconic for the village. . The village franchise runs from Cedar Lane, East Marion, to Peconic Lane, Peconie. ~ ' .1 '' ' ' ' Very truly yours, Vilma Louise Marston President VLM:klc Honorable Francms J. and Council Members Southold Town Board Main Road Southold, NY 11971 P0B _~, PECONIC, L. I., N.Y. 11958 July 25, 1988 Murphy, Supervisor Dear Honorable Murphy and Council Members: Again, we urge a moratorium on all building mn the area until more questions are answered. A representative of the Greenporn Water Autho[ity indicated to our contact that a permit to expand its water franchise area may be made directly to the Suffolk Water Authority. According to our source, even if a permzt is presented to the Town Board and is re2ected, the Board can be overruled by the Suffolk Water Authority. Does this mean that the Town does non have jurisdiction over the expansion of a water franchise which may affect the town? F~r example, although a development is prcvided waser, its septic tanks may eventually affect the aquifer and indiv%dDal wells of natives and old nime residents of the town who live 'adjacent to the project. Won't an expansmon of a franchise ments of large projects which will creeks? mean more uncontrolled develops' affect indi-~idu'al wells and the Thank you for an early reply. Very truly yours, Vilma Louise Marston Presidenn July 25, 1988 " Honorable Bennett Orlowski, Jr. Chairman Southold Town Planning Board Main Road $outhold, NY ll9Yl Dear Honorable Orlowski: RE: Richmcnd Shores N/W on Richmond Creek, Peconic Although plans have been approved, we' request that an environmental impac5 study be required in con'juncnlon with this development. There are irrecularities connected with this pro]ect. (See letter to Town Board attached.) These irregularities have never b~en addressed. In addition, we are requesting answers ~o the following questions: Was there a feasibility study for the obtaining of Water to serve this project? May we see the results of the feasibility study? How much buffer area are the developers proposing along the Richmond Creek Shoreline? Where will this buffer area be measured from and how will it be maintained? Will there be septics-tanks? Will designs meet SCDHS criteria regarding depth.to groundwater? What are the turf limitations? 3. How will suormwater and runoff be managed? 4. How will significant vegetatIve communities be preserved? 5. Are there any areas of archaeological significance? How will these areas be preserved? This project will affect the ecological makeup of the Peconic Hamlet. In addition, with increased boating there will be a likelihood of more erosion, destruction of fauna and vegetation. There will be an impact on migratzng birds which use the waEer, wetlands and surrounding area to rest and feed. Thank you for your consideration of this matter. Please let us hear from you as soon as possible. VLM:klc Enc. Very-truly youus, ~re~ent Pon ///, pzcosze, ~. ~., n.~. z~958 July 25, 1988 Honorable Bennett Orlowski, Jr. Chairman Southold Town Planning Board Main Road Southold, NY 11971 Dear Honorable Orlowski: RE: Richmond Shores and Richmond Creek Farms Assoczates Richmond. Creek is a significant fish and wildlife habitat; feeding ground for endangered species: and a state certified shell fish creek. When the two developments (approximately eighty houses and garages to accommodate three cars each) become a reality, there will be serious impacns on the creek. In order to mlnmmlze contamination and pollution of Richmond Creek, there should be covenants and restrictions agalns~ any new dock~, moorings, and ramps on Richmond Creek. Please let us hear from you. ~ ~ -.- . Very truly yours, Vilma Louise Marston President VLM:klc cc: Hon. Francis J. Murphy and Town Board POB Il!, PECON1C, L. I., N.Y. 11958 September 26, 1988 Mr. Bennett 0rlo~rs.kl, ,Ir. Chairman Planning Board To~ of Southold, LI,~.Y. Dear Sir: Re: Richmond Shores, i,;orth,~est of i;lichmond Creek, ~ecoz~ic.L.i. Dear Sir: Attached you ~ill find a i.~etltlon containing ap'.~roxiustely 165 signatures requestin.~: an :mvironment~.l I:~pact otuay for' the abo~e projecv, Naturally. we ~fould prefer land acquisition, but this process for obtaining the land is lengthy. In the /eSntl:2e, ina~;,~ucn ~s ~ichmond Creek is threatened by projects that ~lill have a serious impact on a critical environmental area, it is felt that an in depth study is in order.. r~ a ih nk you for your assistance in this President POS /~/, PECONIC, L. I., N.Y. 11958 July 25, 1988 Mr. Frank Kujawski, Chairman and Southold Board of Trustees Main Road Southold, NY 11971 Dear Mr. Kujawski: RE: 1. Richmond Shores Developmen~ N/W of Richmond Creek 2. Richmond Farms Associates N/E of Creek We requested an Environmental ImpacE Study on Richmond Farms which is in process. At this late date, we have also asked the Planning Board for an Impact Study for Richmond Shores. Our Board of Directors urges that this state certified shell fish creek be considered a critical environmental area. When the above projects are built there will be approximately eighty houses and garages to accommodate three cars per family. With the increased housing and boating there will be a likelihood of more pollution, erosion, destruction of fauna and vegetation. Also, there will be an impacu on migratory birds which use the water, wetlands and surrounding area to ress, feed, and nes~. In addition, the endangered species--the least tern and the osprey who feed on the creek will be affected. Our Board of Directors must stress their concern with the adding of any additional docks, ramps, and moorings in Richmond Creek. Please let us know the Trustee's decisions regarding Richmond Creek. Thank you for your consideration. Very truly yours, Vilma Louise Marston President VLM:klc SIGNIFICANT FISH & WILDLIFE HABITATS Town of Southold The following areas, partially or wholly within the Town of Southold, have been recommendedby the Department of Environmental Conservation for designation as significant coastal fish and wildlife habitats: ~edar Beach POint Conkling Point CoreyCreek Cutchogue Harbor Wetlands Downs creek 6 Fishers Island Beaches 7 Hashamomuck Pond 8 Hungry Point Islands 9 Jockey Creek Spoil Area 10 Little Creek and Beach 11 Long Beach Bay 12 Mattituck Inlet Wetland 13 Orient Harbor 14 Plum Gut --_ 15 Port of Egypt Island 16 The Race 17 Richmond Creek and Beach Please refer to the habitat narratives for detailed descriptions and location. COASTAL FISH & WILDLIFE HABITAT RATING FORM Name of Area: Ricluaond Creek and Beach County (lea): Suf folk Town(e): Southold ?.St Quadrangle(s): Southold, New York (IS) (R) (ISxR) Individual Replace- Final Score ability Score ECOSYSTEM RARITY (ER): 0 Tidal creek, undeveloped sand peninsula, and.salt marsh unusual in Suffolk County, but rarity diminished by dredging and development along the creek. Geometric mean: ~-~-= 0. SPECIES VULNERABILITY (SV): 14 x Confirmed diamondback terrapin (SC) nesting. Least tern (E) and piping plover (T) have nested in the area, but colony was ina~tlve in 1983 (one pair of pp) and 1984/1985 (neither species present). Importance of the area not adequately documented. HUMAN USE (HU): Crabbing and c]mmming of local importance. POPULATION LEVEL (PL) : No unusual concentrations of any fish or wildlife species occur in in the area. x 1.0 = 0.0 1.0 = 16.0 0 x 1.0 = 0.0 0 x 1.0 = 0.0 REPLACEABILITY (R): Uncertain of ability to replace. 1.0 SIGNIFICANCE = [(ERxR) * (SVxR) + (HUxR) + (FLxR)] = 16.0 ~SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT*** PI~OJECT DESCRIPTION RICHMOND CREEK AND BEACH LOCATION AND DESCRIPTIONOFHABITAT: a~chmond Cre~k~d Beach is,located just west O'f~ Gr~a~ Hog Neck~ with an inlet into,Little Peconi~ B~y~ Town of ~S~%%h01d, ~uffo~k~ County (7,5 Q~adrangle: habitat is , 135 acres in size consisting of a sand and tidal creek. ~There is moderate g the,borders of the~' of which have beene,dredged and bulkheade( li~ed by ~oar~Tna~/~i~ernif6~a."~ The~:e~eek ~ f~i~:mUddy.'/ :::':%'- :~ '~' ~ ~' FI~ AND WlLDblFE VALUES: The creek/beach/marsh ecosystem at'~ichmond Cre~k'i~'~similar't0-' other c~eeks'in the area but serves-as an'important habitat to several vulnerable wildlife species. Diamondback terrapin (SC) nest onthebeach;~The tidal creekand salt marshes provide feeding a~as~and'c6~e~ f~r terrapins during th~s period Jul~Yl -~h~b~ach ha~ also been a nesting area for least and piping..plover.(T) but the colony was inactive in 1983 except for'She 9~r of piping plover. The site was inactive in i984~and !985. Further documentation is needed'on the imp6f~a~e of thiS' beach-ko the n'e~ing shorebirds. The creek supports populations of' overwinteri~g black duck and mallard but the extent of use by these species xs not documented. Richmond Creek is also a productive habitat for finfish, shellfish and crustaceans including blue claw crabs, clams ah~ s~llops. 'The creek is of the'top two~cree'ks for'crabbing in the town and is also imP~kt alit f0 r'-'Cl am~.'in 9 ~ I~!PACT ASSESSMENT Diamondback terrapin inhabiting the barrier beaches of Long Island ere vulnerable to disturbance by humans from midaAp~il through July~'--Signif'i-cant pedestrian traffic or recreational veLicle use of Richmond Creek Beach could easily eliminate the nesting ~%;~pin ~6pffl~ti~ff and §hobI~b~'-~inimi'~e~.-~ N~fting Shor~ bi~, if present, would also be vulnerable to hu~an disturbance. Fencing and/or annual postin9 of the area should be provided to help protect the terrrapin and nesting bird species. Unregulated dredge spoil disposal in this area would be detrimental but such activities may be designed to maintain or improve the habitat, by set~in~ back vegetative succession. Elimination of s~it ~arsh vegetation, through iandfitling, dredge spoil disposal or excavation would result in a direct loss of habitat area. Any activity that would substantially degrade the water quality of Richmond Creekwould adversely .affect the biological productivity of this area. Ail spe~cies of fish and wildlife are affected by n, such as chemical contamination (including food s, excessive turbidity and waste di :idal pattergs in the marsh ~e.g. by ~ have major impacts On the fish and Barriers to fish migration, ~heth~r d have a major impact on the fisheries in ~i~hmond Creek. KNOWLEDGEABLE CONTACTS: Tom Hart or Andrew Milliken N.Y.S. Department of State Division of Coastal Resources Waterfront Revitalization 162 Washington Avenue Albany, NY 12231 Phone: (518) 474-3642 Harry Knoch, Wildlife Manager or Louise Harrison, Environmental NYSDEC - Region 1 Building 40, SUNY Stony Brook, New York 11790 NYSDEC - Significant Habitat Wildlife Resources Center Delmar, New York 12054 Phone: (518) 439-7486 Unit Paul Stoutenburgh or Martin Garrell Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Phone: (516) 765-1801 Ralph Condit 46-A Pine tree Road Cutchogue, New York 11935 Phone: (516) 734-5547 Protection Biologist 0 H [og Neck Bay 'ut,chogue Ha rbor Horseskw iCONIC 27'30" 17, LITTLE 24 £ Quad: Southold, ~Y Area Name: Richmond Creek Habitat Boundary: Page 1 of 1 fPE A Y \ 715ooom,E. SOUTHAMPTON 2 430 000 SCALE ]:24000 INC. ENVIRONMENTAL CONSULTANTS 'i MEMOiRANDUM TO: Southold Planning Board FROM: Szepatowski Associates, Inc. RE: Richmond Creek Harms DEIS DATE: July 8, 1987 We have reviewed the above mentioned DEIS and find deficiencies serioq~ enough to warrant the publication of a supplement before full public review of the project is~-appropriate. The document now offered does not fully cover the issues and lacks pertinent data. Our comments are keyed to the page numbers in the DEIS. Page 7 Page 14 Page 14-15 Page 15 An existing and growing demand for residential construction sites is sited as a"public need'!. This may be a need for a private landowner, but it is not a public need. If this is all that is being fulfilled, then this project does not fulfill Dny public need. No subdivision plan is included in the DEIS to assist the reader in followzng the discussion. No objective evaluation of the assessments presented can be made with out a subdivision plan in the document. How will the pond/basin be designed to create a "natural wetland system", etc.? A feasibility study for the extension of water to serve this project is underway but not complete. Feasibility is assumed, but not concluded. Suppose it is not feasible, can this project proceed? The authors say it cannot, but are proceeding with it anyway. We would recommend that the DEIS include in it the results of the feasibilty study or else there may not be a project. RECEIVED BY JUL l 0 1987 DAtE 23 N~ rr,,o~.n¢_ . r,.,e larn~_s~ovcn. !~.i 02.335 ;Ol 423-0430 Page 16~ ~i~- ~A fifty foot wide vegetative buffer "along the ' ~ ;~'~ '~L" ~ ~>R~chmo~d Creek-shoreline" is proposed, but no evidence is g~ven that this is sufficient, nor where this buffer will be measured from, nor how it will be maintained. A seventy five foot structural improvement setback is also proposed~ Does this mean septic tanks as well? Will designs meet SCDHS criteria re depth to ~roundwater?~ Turf limitations likewise are not specified. Wetlands on the plan in the Planning Board office do not correspond with ."~' ~,,field~conditions. ~. Page 17 ~ ' Table 1 shows a conversion of agricultural lands to roads, but no residential lots being created; this Table needs to be reworked. Page 18 Page 24 Exhibit How will construction activities be regulated? Soils~on the site have been disturbed already by the applicant and not regraded or planted. The~locations are not shown in the DEIS. Page 62-65 Stormwater management systems are mitigation measures, not beneficial impacts. Pesticide/nitrate concentrations are not calculated. They should be to substantiate the claims made. Preservation of significant vegetative communities are not documented. How is the creatzon incoporation into a beneficial impact? of a pond/wetland area and stormwater management system a It is not shown how the municipal cost/benefit impact will benefit the town. This needs to be calculated. How will areas of archaelogical significance be preserved? Page 68-70 Page 71 / Page 72 Sanitary system envelopes must show on the proposed sUbdivision plans in order to meet proposed setbacks. How will property owners be "encouraged" to native vegetation? utilize It has not been demonstrated that a fifty foot buffer is sufficient. How will the recommendations of the L.I. Archaeological Project be adhered to? Who will monitor construction activity? What if erosion takes place? There is no erosion/ sedimentation control plan presented in the DEIS. One is needed. Also, stockpiled topsoil will erode unless checked. Simple seeding of disturbed areas composed of Riverhead, Plymouth and Carver soils will not insure revegetation. Docks and moorings are not unavoidable adverse impacts. They can and should be precluded by \ convenants and restrictions against any new docks moorings in Richmond Creek, which has been and designated a significant fish and wildlife habitat./ Denitrification is not mentioned as an alternative. It should be addressed. Alternative designs including one with smaller and one with more protection to Richmond Creek, associated wetlands, and floodplain should be shown. lots its Regulatory Affairs Unit Bldg. 40,,S~UNY,~Room 2 9 Stony n~ x~ v 1179A (516) 751-7900 ~ ~ ~ : July Vilma Louise Marston P. O. Box PeconSc, ~; Y. 11958 Henry G. Williams Comm~ss~omer ~ ~ ·-~ ~ ~ ~- Re~ -:&p~l~c 7' '!}0£ ~k~ 56 Richmond Creek Associates The New York State Department 6f-Environmental Conservation (NYSDEC) advised the applicant on January 3, 1986 of its concerns regRrding~the prqpo~sal to. establish a marina and dredge i~his~ree~ ~hic~ is~re~ntly 6~n t6 ~h~lL fishing for commercial purposes. ~ -~-'- The applicant revised the subdivision proposal to delete the marina and dredging from the plan on March 20, 1986. ' ..... The application is currently undergoing further revisionso that ii1 lbts along the creek wil be 40,000 square feet or l~rger, the minimum require~dnder the Tidal Wetlanda Land Use Regulation§, And move some of th~ interior lots' beyond 300' from tidal wetlands, to be out of NYSDEC jurisdiction. Further processing of this~Appti6AIion is ~ndin~ r~eipt'of:therevised plans and a Draft Environmental Impact Statement acceptable to the Town of Southold Planning Board, lead~-ageney-~n~this~matter, si~ce'~hat~agency has ~ required one. ~;~ · - ....... i . When these items are received the application will be prepared for public notice. Upon close of the comment period a determination will be made as to whether or not a hearing should be held, in view of the con~enns received. Thank you for your interest in the matter. Very truly yours, Charles T. Hamilton Alternate Regional Permit Administrator '1/ il, Robert bi. Thurber Sen~o~ Env~ronment~l Analyst CTH/RNT~rw -' ' ' "- cc:Commissioner Williams Sena[or LaValle J. Sawicki, Jr. New York State Department of Environmental Conservation SUNY, Bldg. 40, Stony Brook, NY 11794 Henry G. Williams Commissioner June 4, 1987 Vilma Louise Marston, President Water, Land, Wildlife Protection Group P.O. BOX 159 Peconic, NY 11958 Dear MS. Marston: Thank you for your concern about the Endangered and Threatened wildlife at Richmond Creek. I hope the infozmation containe~ herein is ~seful %o you. 1. Nesting Data (pairs) 1982 1983 1984 1985 1986 Least Tern 10 0 O- 0 30 Piping Plover 1 0 0 2 Management Efforts. Colonial waterbird nesting sites are managed cooperatively by DEC, The Nature Conservancy, and numerous other private groups and individuals. Generally, we promect active nesting sites by posting the perimeter of the colony; inactive nesting sites are no~ so protected. Where conditions warrant stronger protection, me~porary fencing may be placed to preclude intrusion by humans, pets and vehicles. Regulatory Actions. The State Environmental Quality Review Act (SEQRA) directs that impacts to endangered species be avoided through careful planning. It is the purpose of the Environmental Impact Statement process to ensure that this occurs. We will provide this information to the Town of Southold. Thank you for your interest in this issue. Please let me know if we can help you further. SJS:ki cc: H.D. Berger Sincerely, FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER. HI JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES - TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 To: From: Re: Date: Valerie Scopaz, Town Planner Frank A. Kujawski, Jr., President Town Trustees Richmond Creek July 13, 1988 Will you please advise this office of the pending or approved projects on Richmond Creek. We would like to know what the status of the Richmond Creek Farms Project is. (What stage and comment period.) Also, we understand that there is a project on the Cook/Wortis property. What is the status of this? What name is it under? Thank you for your cooperation. FK $I Southold, N.Y. 11971 (516) 765-1938 TlLE August 25, 1987 Mrs. Judith T. Terry TownClerk Town Hall Southold, NY 11971 Re: Richmond Shores at PecOnic Updated Bond Estimate Dear Mrs,_Terry: As~per the Planning Board's conditional resolution of June 1, 1987, at the August 10, 1987 the Planning Board resolved to recommend to the Town Board that the updated bond estimate for Richmond Shores at Peconic be accepted a~ $300,000. This increase over the the original updated bond estimate of $250,000 is as per the correspondence of Raymond L. Jacobs, ~ighway Superintendent. : It is also requested that the applicant post a bond, letter,of credit, or passbook for $300,000 and pay an inspection fee on the differential in the amount of $10,000. (5% of $300,000is $~,000; $5,000 fee:was paid on the first bond; therefore $10,000 balance to be paid based upon updated bond estimate). If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING ~BOARD By Diane M. Schultze, Secretary February 5, 1970 LauEelResources Corporation c/o Edward J~"Hanson 515 Rockaway Ave. Valley'Stream, N.Y. 11581 '' in answer to your !etter of January 30; 1970~ the' $outhold 'Town Planning Board does not look with favor on opening up either upland or salt marsh to salt water. This is why your violation is so important. You have already damaged this area very materialy and every day y?u~ continue makes tT~e matter worse. We'wouidsuggest that you stop your contractor im~ediatel~and then consider replacih~ ~e ~nd in its original condition. Very sincerely, John Wickham, Chair~n Southo!d Town Planning Board INSURANCE January 32, 1970 515 ROCKAWAY AVENUE, VALLEY STREAM, N.Y. 11581 - 516-825~7177 212 -657-1070 GEORGE J. CRJSONA · EDWARD J. HANSON RALPH CARR O~ce Mc~noger Sou~hold Southold, A~tention: Re: Laurel Town Planning Board L.I., N.Y. 11971 John Wickham, Chairman Southold Town Planning Board Resources Corp. Dear Mr. Wickham: We have your letter of January 26, and are quite disturbed to hear that we are technically in violation on the permit we received from the Town Trustees regarding proper~y we own in Peconic, N.Y. We most definitely want to work within the structure of the law complying with all requirements. We would appreciate it if you would please send us a permit from the Planning Board to complete. When we obtain this permit, we will work on it immediately. Yours very truly, Edward~/J. Hanson EJH/fga 1970 C~en%lemen .- $outhol~ To~n ~lmnning Board 515 Rock~ayav~. Very John Wickh~, ChaiXman Southol~ TOWn Plann~/~9 Board Southold Town ~rvinq Lath=i