HomeMy WebLinkAboutTR-330 TOWN OF SOUTHOLD
BOARD OF' SOUTHOLD. TOWN TRUSTEES
SOUTHOLD, NEW YORK
WETLANDS PERMIT
This Wetlands Permit No. ,,,330........... has been granted by the Town Trustees according to
information furnished in Application No. ,319............. filed by Applicant ad..Dowd.;.Dowd....................................
9 19 85.............. 19.......... A map of the proposed work will be kept
on file in the Trustee Office under the application number given.
Toconstruct a single family....re ...............................
on pilings 30' from Orient Harbor (Gardiners Bay) .
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Location of property on which work to be done .,350..Rabbit Lanet... ast„Marion; NY,,,,,,,,,,,,,,,
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Creek, Bay or Harbor fronting property ....Orient Harbor
.............................................................................................
..............................................................................................................................................:..................
Sizeof work: Length ...,44'............ .....................:. ................................................................................
30'
Width. .............................................................................................................................
HeightAbove High Water ...........11.............................................................................
DepthBelow Low Water ---------------.................................................................................................
---------------
Yards to be Excavated
---------------
Yardsto be Filled ................... ....................................................................................
Manner in which material is to be removed or deposited ....,N/A .., . . . .. .. .. .:
.................................................................................................................................................................
Intended use of property Residential
..........................................................:..............................................................
.................................................................................................................................................................
Conditions if any ......See s..tandard. . . . . ..recommen. ..........................
dations..
......... ... . . . . .. . .......................................................................
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Expiration Date August. 28, 1987 if work has' not commenced,by„sa,� date................
.......................................................... ...........
Number of Inspections Required ?-Trustees..are..to..be, not,ified,u.P,on,,, -wRP. ,et-.op,,� „zha.....
work. - �
$5.00 Paid
InspectionFees .....................................................................................................................................
LiabilityPolicies in the Amount of .........................................................................................................
i
The validity of this permit is or may be subject to the approval of other governmental �r municipal
authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the
event that such approval is necessary, the holder of this permit shall not commence operations here-
under until such approval has been obtained in writing. The failure to obtain such other approval when
required shall subject this permit to immediate revocation by the Trustees upon receipt by the
\� Trustees- of written notice from such other governmental or municipal authorities of its refusal or
\� disapproval.
The applicant does by the acceptance of this permit, assume all responsibility for operations under-
taken pursuant to this permit, and shall take.all precautions for the prevention of injuries to persons
and property resulting from such operations. By such acceptance, the applicant also agrees to indemni-
fy and save harmless the Town, and its officers, agents and employees from any and all claims arising
from operations under this permit and any and all acts or omissions of applicant, his agent and
employees.
The applicant and the owner and occupants of the premises upon which the operations authorized by
this permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and
its officers and employees to enter upon the premises where such operations are being conducted to
make such inspections as the Town may deem necessary to insure that such operations are being con-
ducted in conformity with this permit.
This operation will not substantially:
A. Adversely affect the wetlands of the town.
B. Cause damage from erosion, turbidity or siltation.
C. Cause saltwater intrusion into the fresh water resources of the town.
D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege-
tation or the natural habitat.thereof.
E. Increase the danger of flood and storm-tide damage.
F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town.
G. Change the course of any channel or the natural movement or flow of any waters.
H. Weaken or undermine the lateral support of other lands in the vicinity.
I. Otherwise adversely affect the health, safety and general welfare of the people of the town.
Signed .�/..J..•...ly.F... ...G ...........L7?..?
President
Board of Southold Town Trustees
Date...............:...... ...................... .......................
. j
y
HENRY P. SMITH, President TELEPHONE
JOHN M. BREDEMEYER, Vice-Pres. 4
tJ� ,.ti �7 (516) 765-1892
PHILLIP J. GOUBEAUD �� ,{ - _ e�y
ALBERT KRUPSKI, JR.
ELLEN M. LARSEN
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
May 5, 1986
Mr. Charles Luscher
Rabbit Lane Association
19 East Mall
Plainview, New York 11803
Re: Bay Avenue, East Marion, New York
Dear Mr. Luscher:
The following action was taken by the Board of Trustees
at their regular meeting held on April 24, 1986 regarding the
above captioned matter.
Moved by Trustee Smith seconded by Trustee Bredemeyer it was
RESOLVED that the Southold Town Trustees WAIVER the need of a
Wetland Permit for Charles Luscher on behalf of the Rabbit Lane
Association to re-install a 2" diameter water service to be under-
ground and under the bottom Iof the lake, and to Ted Dowd for the
installation of four 1" pipes underground and under the bottom Qf
the lake. This waiver is given all in accordance with the "Water
System Layout, " and D.E.C. Permit issued on November 22 , 1985 and
subject to the Supplementary Special Conditions and Additional
General Conditions of this permit.
Very my yours,
Kenry' . Smith, President
Board of Town Trustees
HPS: ip
Attachments
cc: Town Board
Building Dept.
Supt. of Highways
Trustees
Ted Dowd
CAC ✓
Mr.. A.J. Moyse
file
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TELEPHONE
(516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
February 4, 1986
Mr. Stanley A. Pauzer
District Manager
Soil & Water Conservationist
127 East Main Street
Riverhead, New York 11901
RE: Ted Dowd
Wetland Application No. 319
Dear Mr. Pauzer:
Transmitted herewith is an application for a wetland
permit, referenced above.
Will you please assist us by making an inspection
and review of the application for a recommendation to this
Board?
Your anticipated cooperation is greatly appreciated.
We await your findings.
Very truly yours,
Henry P. Smith, President
Board of Town Trustees
/ r
Ilene Pfiffeowrling
Clerk to Trustees
HPS: ip
Attachments
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d
TELEPHONE
(516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
January 8, 1986
Mr. Ted Dowd
P. 0. Box 106
Southold, New York 11971
Re: Wetland Application No. 319
Dear Mr. Dowd:
Please be advised that the Board of Trustees tabled
the wetland application referenced above pending comments
from the Conservation Advisory Council.
If you have any questions, or need additional
information please do not hesitate. contacting this office
at the telephone number listed above.
Very truly yours,
Henry P. Smith, President
Board of Town Trustees
Ilene Pfifferling
Clerk to Board
HPS: ip
cc: Ms. Karen Chytalo, D.E.C.
Trustees
file
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TELEPHONE
(516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOiTTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
December 3, 1985
Mr. Ted Dowd
P. 0. Box 106
Southold, New York 11971
RE: Wetland Application No. 319
Dear Mr. Dowd:
At the Trustee meeting held on November 27, 1985. the
Board Tabled your application pending comments from the
Conservation Advisory Council.
The Board' s next regular meeting will be held on
December 26,-- 1985 at _-7: 30 P.M. at the Town Hall, Southold
for your information, should you wish to attend.
If you have any questions or concerns please do not
hesitate contacting this office at the telephone number
listed above.
Very truly yours,
Henry P. Smith, President
Board of Town Trustees
Ilene Pffferling
Secretary to Board
HPS: ip
cc: Trustees
file
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TELEPHONE
(516)765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 1197-1
Date: October 8, 1985
TO- WHOM IT MAY CONCERN:
Attached hereto is a Long Environmental Assessment Form
submitted by Ted Dowd in connection with his application for a
Wetland Permit to construct a single family residence on
property located at. 350 Rabbit Lane, East.. Marion, New York.
Henry P. Smith, President
Board of Town Trustees
Posted: October 8, 1985
1 �
TELEPHONE
(516)765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O.. Box 7.28
Southold, New York 11971
October 8, 1985
Mr. Martin Garrell, Chairman
Southold Town Conservation Advisory Council
Southold Town Hall
Southold, - New York 11971
Dear Mr. Garrell:
Transmitted herewith is application no. 319 for
a wetland permit submitted by Mr. Ted Dowd.
Please prepare a written report of findings and
recommendations. with respect to this application.
- - Very truly yours,
Henry P. Smith, President
Board of Town Trustees
�� —-
Ilene Pfifferling
g
Secretary to Board
Attachment
� G
TELEPHONE
(516)165-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53.095 Main Road
P.O. Box 728
Southold, New York 11971
October 8, 1985
Mr. Charles T. Hamilton
Alternate Regional Permit Administrator
N.Y.S. Dept. of Environmental Conservation
Building 40, SUNY - Room 219
Stony Brook, New York 11794
." Dear. Mr. Hamilton:
Enclosed is the application of Mr. Ted Dowd, in connection
with his application for a wetland permit.
This project is unlisted and our. initial determination of
non-significance has been made and we wish to coordinate this
action to conform our initial determination in our role as
lead agency.
May we have your view on. this matter. Written comments
on this project will be received at this office until 'Oct. 28,
1985 We shall interpret your lack of response to
mean there is no objection by your agency..
Very truly yours,
HENRY P. SMITH, PRESIDENT
BOARD OF TOWN TRUSTEES
Ilene Pfifferling
Secretary to Board
Attachments
cc: Commissioner Williams
Southold Town Building Dept.
HENRY P. SMITH, Presidents ?' TELEPHONE
JOHN M. BREDEMEYER; Vice-Pres. h
PHILLIP J. GOUBEAUD
ALBERT KRUPSKI, JR.
ELLEN M. LARSEN �
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
September 30, 1986
Mr. Raymond Jacobs
Supt. of Highways
Peconic Lane
Peconic, New York 11958
Dear Ray;
The following action was taken by the Board of Trustees during
their regular meeting held on September 25, 1986 regarding the
Bay Avenue, East Marion matter.
RESOLVED that the Town Trustees APPROVE A WAIVER OF THE WETLAND ORDINANCE
to restore the area under the bridge on Bay Avenue, East Marion, back to
its' original state and that all work is to be done by the Highway Dept.
Very truly yours,
Henry Smith, President
Board of Town Trustees
HS:ip
cc: Town Board
file
m
TELEPHONE
(516)765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
November 21, 1986
Mr. Charles Luscher
Rabbit Lane Association
19 East Mall
Plainview, New York 11803
Re: .Bay Avenue, East Marion, New York
Dear Mr. Luscher:
Please be advised that it will be necessary to secure a permit
from the Trustees for the removal of silt from under the bridge on
Bay Avenue, East Marion. .
The Lakeview Terrace Road Association has indicated that they
would like to have this work expedited as soon as possible. (See
Attached letter) .
For your convenience, I have attached a wetland application
to complete and return to this office.
Should you have any further questions or concerns, please
contact this office. .
Very truly yours,
•Henry P. Smith, President
Board of Town Trustees
HPS:ip
Attachments
�1 _::.
TELEPHONE
(516)765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
November 7, 1985
Mr. Ted Dowd
P. O. Box 106
Southold, New York 11971
Dear Mr. Dowd:
The following action was taken by the Board of Town
Trustees at a regular meeting held on October 30, 1985:
RESOLVED that the Southold Town Trustees declare itself lead
agency in regard to the State Environmental Quality Review
Act in the matter of the application of Ted Dowd for a
Wetland Permit on certain property located on 350 Rabbit
Lane, East Marion, New York.
Very truly yours,
Henry P. Smith, President
Board of Town Trustees
Ilene Pfifferling
Secretary to Board
HPS: ip
cc: Trustees
File
. • .1 �����df lyld p .
HENRY P. SMITH, President
TELEPHONE
JOHN M. BREDEMEYER, Vice-Pres. (516) 765-1892
PHILLIP J. GOUBEAUD
ALBERT KRUPSKI, JR.
ELLEN M. LARSEN
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
October 1, 1987
Mr. Albert J. Moyse, President
Rabbit Lane Association
P. O. Box 754
East Marion, New York 11939
Re: Marion Lake
Dear Mr. Moyse:
This is to acknowledge receipt of your letter of September 29, 1987
regarding the above matter.
Please be advised that a copy of this communication has been forwarded
to Mr. Raymond Jacobs, Superintendent of Highways for his review.
The Trustees will discuss this matter during their regular meeting to
be held on October 29, 1987. We will advise you further, after that date.
Should you have any questions, please do not hesitate to contact this
office at the telephone number listed above.
Very truly yours,
Henry"P. Smith, President
Board of Town Trustees
HPS:ip
cc: Raymond L. Jacobs, Superintendent of Highways
Trustees
File
HENRY P. SMITH, Presidentf
JOHN M. BREDEMEYER Vice-Pres. � $` r TELEPHONE
PHILLIP J. GOUBEAUD �. � ��, (516) 765-1892
�
JR.
ELLLEN M. LARSEN
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
August 8, 1986
Mr. Ted Dowd
Box 282
Rabbit Lane
East Marion, N. Y. 11939
Dear Mr. .Dowd:
In regards to your letter of August 1, 1986 requesting the Trustees
to determine—the necessity for Wetlands Applications prior to building of
houses on Lots 036-17-10 and 036-17-20. It has been determined by the
Bay Constable after a field inspection that the proposed two houses are
outside of the 75' jurisdiction of the Trustees, therefore not permit is-
necessary at this time. If any activity was to take place within the 75'
however, a permit would then be required.
Please be aware that we are making this determination only for the
Trustees Office and not for any other agency which may require permits.
If you have any questions please don't hesitate. to contact us at
the above listed phone number.
Very truly yours,
Henry . Smith, President
Board -of Town Trustees
HPS:ao
cc: Trustees
File
HENRY P. SMITH, President TELEPHONE
JOHN M. BREDEMEYER, Vice-Pros. C=) (516) 765-1892
PHILLIP J. GOUBEAUD �.
JR
ELLEN M. LARSEN
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
August 6, 1986
Mr. Ted Dowd
BOX 282
Rabbit Lane
East Marion, New York 11939
Dear Mr. Dowd:
The following action was taken by the Board of Trustees during
their regular meeting held on July 31, 1986 regarding your wetland
application no. 319.
Moved by Trustee Krupski seconded by Trustee Larsen it was
RESOLVED to WAIVER the need of a Wetland Permit as. requested by Ted Dowd
for the clearing out of underbrush from property located on Rabbit Lane,
East Marion for lots as follows: 1000-038-17-9, 1000-038-17-10, 1000-038-17-20
and 1000-038-18-8.
Very truly yours,
/3)j� e
Henry P. ith, President
Board of Town Trustees
HPS:ip
cc: Trustees
file
�i 1 � •
HENRY P. SMITH, President TELEPHONE
JOHN.M. BREDEMEYER, Vice-Pres. (516) 765-1892
PHILLIP J. GOUBEAUD �y
ALBERT KRUPSKI, JR.
ELLEN M. LARSEN
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York .11971
July 31, 1986
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
NOTICE OF DETERMINATION OF NON-SIGNIFICANCE
APPLICATION NO. 319
NAME: Ted Dowd
This notice is issued pursuant to the provisions of Article 8
of the Environmental Conservation Law State Environmental Quality
Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the
Code of the Town of Southold, Notice is hereby given that the
Southold Town Trustees, as lead agency for the action described
below has-determined :that the project will not have a significant,
effect 'to the environment.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or
similar project.
TYPE OF ACTION: Unlisted
DESCRIPTION OF ACTION: Build a single family residence on.
pilings 30 ' from Orient Harbor (Gardiner' s Bay)
LOCATION OF PROJECT: East Marion, N.Y.
REASONS .SUPPORTING THIS DETERMINATION:
1. An environmental assessment form in the 'shortform has been
.submitted which indicated that there would be. no adverse effect
to the environment. should the project be. implemented as planned.
2. Because there has been no response in the allotted time from the
Southold Town Building Dept. and the N.Y.S._ D.E.C: it is assumed
that there are no- objections nor comments from those agencies.
Further information can be obtained by contacting Henry P. Smith, Pres. ,
Board of Trustees, Town Hall, Main Road, Southold, New York 11971_ or
by calling (516) 765-1892.
Very truly yours,
F
Henr P. Smith, President
Board of Town Trustees
HPS:ao
CC: Bldg. Dept.
C.A.C.
Planning Bd.
DEC - Albany
DEC - Stony Brook
Army Corps
Aran Terchuni an, Coastal Mgmt.
Town Clerks Bulletin Bd.
Zoning Board
Trustees
File
® rlifs'v
TELEPHONE
(516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
July 1, 1986
Mr. Ted Dowd
P. 0. BOX 106
Southold, New York 11971
Re: Wetland Application No. 319
Dear Mr. Dowd:
Please be advised that the Board of Trustees took the following
action during their regular meeting held on June 26, 1986 regarding
the above captioned matter.
RESOLVED that the Town Trustees Table the application of Ted Dowd
pending comments from the Conservation Advisory Council.,
Very truly yours,
Henry P. t
th, President
Board of Town Trustees
HPS:ip
cc: Trustees
C.A.C.
file
HENRY P. SMITH, President <
+ TELEPHONE
OHN M. BREDEMEYER Vice-Pres. c is„_
;::;..• k, (516) 765-1892
PHILLIP J. GOUBEAUD
ALBERT KRUPSKI, JR. `'
ELLEN M. LARSEN
BOARD OF TOWN TRUSTEES .
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
May 16, 1986
Mr. Charles Luscher
Rabbit Lane Association
19 East Mall
Plainview, New York 11803
Re: Bay Avenue, East Marion, New York
Dear Mr. Luscher:
Please be advised that our letter of May 5, 1986 applies
to the waterlines for the above captioned project.
Electrical lines are to be installed according to Public .
Utility standards and specifications.
The Trustees would recommend that the electrical lines
be run overhead across the pond.
If you have anv questions or concerns, please do not
hesitate to call this office at the telephone number listed
above.
Very- truly.. ou s,
"fYenry P. Smith, President
Board of Town Trustees
HPS: ip
Attachment
cc: Trustees
Building Dept.
Supt. of H3'�ghways
Ted Dowd(/
CAC
Mr. A. J. DZoyse
Town Board
file
HENRY P. SMITH President
' r t;,;tF4 ~ `r"- ': TELEPHONE
i"1
JOHN M. BREDEMEYER, Vice-Pres. (516) 765-1892
PHILLIP J. GOUBEAUD �.'`'
ALBERT KRUPSKI, JR.
ELLEN M. LARSEN y' I
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
September 30, 1986
Mr. Ted Dowd
Box 282
Rabbit Lane
East Marion, New York 11939
Dear Mr. Dowd:
The following action was taken by the Board of Trustees during
their regular meeting held on September 25, 1986 regarding your
wetland application no. 319.
WHEREAS, Ted Dowd applied to the Southold Town Trustees for a permit under
the provisions of the Wetland Ordinance of the Town of Southold,
application dated September 19, 1985 , and
WHEREAS said application was referred to the Southold Town Conservation
Advisory Council for their findings and recommendations, and
WHEREAS, a public hearing was held by the Town Trustees with respect
to said application on August 28, 1986 at which time all interested persons
were given an opportunity_ " to be heard,
and
WHEREAS, the Board members have personally viewed and are familiar
with the premises in question and the surrounding area, and
WHEREAS, the Board has considered all the testimony and documentation
submitted concerning this application, and
WHEREAS, the Board has determined that the project as proposed will not
affect the health, safety and general welfare of the people of the Town,
NOW, THEREFORE, BE IT
RESOLVED that Ted Dowd BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS
OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: construct a single- family
residence on pilings 30' from Orient Harbor, East Marion. This permit will
expire on August 28, 1987 if work has not commenced by said date. There are two
inspections required and the Trustees are to be notified upon the
completion of the work. Prior to the issuance of said permit by the
Clerk, the applicant shall file with the Clerk a certificate that he
has public liability insurance policies insuring against any liability
which may arise in the performance of the operations pursuant to such
permit in such amount as shall be fixed by the Trustees, which said
policies shall name the Town as a name insured. Please take further
notice that this declaration should not be considered a determination
made for any other department or agency which may also have an application
pending for the same or similar project. See attached recommendations.
Board of Trustees
Page 2. - Ted Dowd
Very truly yours,
Henry P. Smith, President
Board of Town Trustees
HPS:ip
Attachment
cc: Robert A. Greene, D.E.C. , Stony Brook
Commissioner Henry G. Williams, D.E.C. , Albany
Army Corps of Engineers
Coastal Management
Trustees
file
Bldg. Dept.
Board of Appeals
Standard measures to be taken during construction:
1. Roof run off shall be discharged into dry wells.
2. Driveways and parking areas within 75' of the wetlands shall be
of porous construction. Blacktop shall not be used on this site.
3. Care shall be taken so as to preclude the entry of any construction
material into adjacent waters.
4. Immediately following construction, all areas of exposed soil shall
be properly protected with suitable erosion control devices/and or
vegetated to prevent entry of eroded soil into nearby waters.
PUBLIC HEARING
IN THE MATTER OF TED DOWD
NOTICE IS HEREBY GIVEN THAT 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
THURSDAY, AUGUST 28, 1986 on the following application for a permit under the
provision of the Wetland Ordinance of the Town of Southold:
7:30 P.M. In the matter of the application of� Ted Dowd to construct a single
family residence on pilings 30' from Orient Harbor. Property is located at 350
Rabbit Lane, East Marion, New York. 7:45 P.M.
Trustee Bredemeyer: Is there any one to speak in favor of this application?
(no comment) . Is there anyone who wishes to speak against this application?
Yes. Please come forward and use the microphone. If you would also sign in
so that we will have your name for the record.
Clerk: There is a sign in sheet on the chair.
Harriet Moor: My name is Harriet Moor I live adjacent to the property that
Mr. Dowd is seeking to build a house on. I have before me a notice of
disapproval dated September 18, 1985, in which he was disapproved on three
counts.
Trustee Larsen: Disapproved by whom?
Mrs. Moor : The Town of Southold, Building Dept. one, the building exceeds the
lot coverage per written by 703-232 sq. ft Article III, Section 100-31 Bulk schedule
A Col building will be located in the 75'-0" set back required from Tidal
Wetlands Article IX, Section 100-119-2. Now if Mr. Dowd is seeking approval
of these' items this evening, and I am sure that he is, what is the point of
setting up rules in your zoning book. What is the purpose of it?
Trustee Larsen: Each application is a separate entity of itself. Having a
permit from one agency does not relieve the applicant from the responsibility of
having a permit from the other agency. However, each Board that the applicant
comes before only addresses the issues pertinent to the ordinance of that Board.
Okay, specifically as far as the 75' setback requirement, he would require a
Wetland Permit from us in order to meet that criteria established by the Building
Department.
Mrs. Moor.: . He has not gotten that approval yet?
Trustee Bredemeyer: This hearing is part of this process.
_Trustee Larsen: You are giving us your opinion on this project. You brought to
our attention that the Building Dept. has not issued a building permit at this
time and you gave us the reasons.
Trustee Bredemeyer: Those items are for the Zoning Board of Appeals. This
Board is not the Zoning Board of Appeals. We can not act specifically on
those items. We act on other items under the Town Wetland Ordinance.
Mrs. Moor: Is that what this meeting is here for tonight?
Trustee Bredemeyer: That is correct.
Board of Trustees - Public Hearing in the matter of Ted Dowd
Page 2. August 28, 1986
Mrs. Moor., Not the Zoning Law.
Trustee- Larsen: No. We do not deal with that. We deal with the Wetland Ordinance.
Trustee Bredemeyer: Do you have anything more to add to this application?
Mrs. Moor:". No. Not as far as I can see.
Trustee Bredemeyer: Anyone else here to speak against this application?
Frank Heroy: My name is Frank Heroy. I'm speaking for the Lakeview Terrace
Road Association which is off Bay Avenue in East Marion. The Association
requests that this project not start until the silt problem under the bridge
has been resolved, which was a result of the first project of Mr. Dowd. If
for 60 years one could row. a boat under that bridge. Today one can not row
a boat under that bridge as a result of siltation into the lake. The second
thing, the Association requests that a weight limit be placed on that bridge
because a collapse of that bridge into Wetlands could be fatal to a person and
could have a catastrophic effect on wildlife in that area.
Trustee Bredemeyer: Okay, thank you. Is there any one else who wishes to speak
on behalf of this application, either for or against?
Ruth Oliva, -N:F.E.C. : We oppose this application because we feel that three
residences on a small piece of property is just to much. As far as the septic
systems are concerned going into Lake Marion, there .is alot of development
and most of the run off as it is is probably going into Lake Marion. We do not
feel that the lake should be loaded any more with any more nutrient.
Trustee 8redemeyer: Is there any one else who wishes to speak on this application?
Dr. Martin Garrell: Jay, just for the record, I guess the comments from the
Conservation Advisory Council are part of the record?
Trustee Bredemeyer: If you wish to reiterate them, that would be fine.
Dr. Martin Garrell: If you recall we were opposed to the project. We felt that
there would be a significant impact on Lake Marion. We felt that this particular
applicant should go through the full environmental hearing process and should be
made to process a draft environmental impact statement trough a final impact
statement. With all of the useful information that hearings bring out. We therefore
felt at this time, that the application for a permit should be refused. That was
all, that will be part of the record.
..Trustee Bredemeyer: Anyone else? Yes.
Ted Dowd: My name is Ted Dowd. I would like to point out a few things. In reference
to the first question about the bridge, the bridge was 20" deep last year, I measured
it. I believe it is deeper this year. A.lot of construction work and rework has
gone on. Just for the record. I believe some of you have been down there to look at ii
In reference to the environmental impact statement, it was addressed thoroughly'
last time. This application is for one house, not three houses on that piece of
property. Does anyone have any questions?
Board of Trustees - Public Hearing in the matter of Ted Dowd
Page 3. - August 28, 1986
Trustee Bredemeyer: Does anyone else have any comments. (no comments.)
Do any of the Trustees have any questions? (no comments.) There .not
being any further comments on this application, I close the public hearing
in the matter of Ted Dowd.
Hearing Closed at 7:55 P.M.
F D rid
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�vn ' � •'1;�: � Town Hall, 53095 Main Road
d �� P.O. Box 1179
TELEPHONE Southold, New York 11971
(516)765-1801
SOUTHOLD TOWN
CONSERVATION ADVISORY COUNCIL
July 28, 1986
To: Southold Town Trustees
From: Southold Town CAC
Re: Applications reviewed by CAC at the regular meeting held
July 22, 1986
No . 398 - Harold Wilsberg Recommend disapproval - The Council
would like the applicant to either
resubmit or .amend the application
for only a floating dock and no bulk-
head. The Council recommends the floating
dock instead of the bulkhead to allow for
the extensive colonization of spartina
which would stabilize the land and reduce
the need for any bulkhead.
No. 400 - Sal Caiola - Recommend disapproval Th.e Council feels it is
a naural shoreline with no other bulkheads
adjacent to the property and the structure
could cause erosion of the adjacent beaches .
The Council suggests the applicant plant
natural vegetation instead.
No . 402 - Gerald Rupp= Recommend disapproval -- The Council disapproves
because the slope is- in good condition and is
holding as is . I-f the applicant does anything
further it could disturb the natural vegetation
which would lead to serious erosion problems.
The Council does recommend the repair of the
stairs and existing bulkhead. They suggest the
applicant either amend or resubmit the applicatic
to do the repairs suggested and . placing a small
deck at the base of the stairs but proposing
no retaining walls .
No. 319_ - Ted Dowd - The Council feels a full EIS is neccessary .
Significant Type I action. It should be discussed
publicly and allow input from interested parties
at the hearing.
No . 388 - Leonard Schlegal - Recommend approval with stipulations .
Page 2
d 1
a 1
The- applicant must recognize the sensitivity of the area.
There should be minimal clearing during construction; no
lawns on the wetland side of the house (area between house
and marsh) ; plant appropriate vegetation on wetlands side. of house; and insure nutrient flow (f.rom' fertilizers , etc . )
into the creek be minimal.
No . 394 - Frank R. Reilly - Recommend approval with stipulations .
The cabin and retaining walls are
approved. The ramp and dock are de-
pendent upon neighbors approval -for :
access. If the path .is to cross wetland
the Council does not approve .
No. 403 - John Becht - Recommend approval provided the applicant
follows the plans as sketched with elevation
over the spartina
No. 40.4 - Goldsmith' s Boat Shop - Recommend approval.
No. 405 - Mark Baxter. - Recommend '_approval"with stipulations .
1 . All drainage must be on property.
2 . Minimal clearing of vegetation .
3. Plant 10 ' of vegetation on wetland side
of house, no lawn!
No. 406 - Richard Anderson - Recommend approval.
No. 407 - Arnold Blair - Recommend approval 'but keep the retaining
wall in a straight line.
No. 408 - The Nature Conservancy = Tabl'ed.
No. 409 - Douglas Miller - Tabled. The Council is to request additional
info from applicant , but, at this time
does feel it will need an EIS , Type I
No. 410 - Sal R. Varano - Recommend approval with stipulation.
Replace bulkhead in place, do not move
out as shown in plans .
No. 411 John Morse - Recommend approval .
No. 412 - Nicholas J . Cutron - Recommend 'dis'approval . No need for
bulkhead - the slope is vegetated ,
there is no erosion, it is not subject
to extreme storm conditions and there
are no other bulkheads to either side.
No. 413 Douglas Moore - Recommend *approval .
No. 414 - C & L Realty - Recommend approval.
RESOLUTION NO. 49 - TED DOWD
AS PER INSPECTIONS OF THE LOTS FOR THE CLEARING ON THE SITE.
This was for the Three lots.
1000-038-17-9
1000-038-17-10
1000-038-18-8
' u r Town Hall, 53095 Main Road
P.O. Box 1179
TELEPHONE �, Southold, New York 11971
(516)765-1801
SOUTHOLD TOWN
CONSERVATION ADVISORY COUNCIL
January 22, 1986
To: Henry Smith, Trustee President
From: Linda J.-Cooper, CAC Secretary
At the regular meetin_ of the CAC the following recommendations
were
Wetland Application No . 319, Ted Dowd - The Council will continue to
Table this application until they can speak with Mr . Dowd.
Wetland Application No. 333, Dr. Vincent Claps - Tabled, the
Council wishes further information before making a recommend-
ation.
Wetland Application No . 334, John Xikis - Disapprove, the Council
feels the present wall is serving its purpose, there is no
need for bulkheading. Also of concern is the severe impact on
the downdrift neighbors of the proposed groin. In addition,
creation of additional land to an existing beach is contrary
to the existing wetlands ordinance. In conclusion, the
applicant should leave AS IS, the stones and screens appear
quite secure. The cove is sheltered from the northwest .
Wetland Application No . 337, Joseph Schoenstein - Disapprove, The
Council sites four reasons for its recommendation. They are as
follows :
1) Creek is about to be designated as a significant habitat .
It is critical to vast freshwater wetlands and uplands as
far north as Moores Woods .
2) The setback is not observed with care on the present lot .
Rubble fronting on creek and banks are already a hazard.
3) The building can be sited perpendicular to current plan.
4) Town ordinances are -already in question due to expansion
of facilities and previous variances .
Wetland Application No. 338, Albert J . Breneisen - Disapprove.
The Council recommends disapproval because the pool,-is
within the 75 ' setback requirement . The }bulkhead represents
a severe alteration of the shoreline contour. Without the
pool the retaining wall has no function. The Council suggests
an alternative by placing the pool on the north side of the house .
Page 2
Wetland Application No. 335 John Newman = Table. The Council feels
it must table this matter pending ZBA approval of the two -story
garage . It appears two story buildings go against the deed and
covenants.
If ZBA does approve, then questions will be asked
re: Cesspool capacity increase and loading
re: Pilings
If ZBA does not approve, then it is not clear if pilings are
necessary . It is not clear that the garage is .not. currently
safe _ simply repair the cracks in the floor. Rip rap looks
Osound as is .
Wetland Application No. 324 Arthur J. BuJnowski - Table - The
Council reinspected the application at the request of the
Town Trustees. After another inspection and being alerted
that there were objections by neighbors ,. the Council decided
to table the application pending a meeting of all those
neighbors concerned in the surronding properties . They ;need to
find a solution to best handle the problem of erosion and
property loss . The Council feels .the property owners
need an expert in littoral drift to advise on proper place-
ment of groins.
Wetland Application No. 336 Glenn F. Heidtmann - Table - The
Council has tabled this application pending notice from the
DEC regarding Freshwater Wetlands .
00 Town Hall S3095 Main Road
P.O. Box 1179
TELEPHONE
Southold, New York 11971
(516)765-1801
SOUTHOLD TOWN
CONSERVATION ADVISORY COUNCIL
November 27, 1985
To: Southold Town Trustees
From: CAC Secretary, Linda .Cooper
The CAC held its regular meeting, Tuesday, November 26, 1985.
At that time the following recommendations were made:
Wetland Application No. 310 - Neil Simon - Recommend' approval
with the stipulation that the dock be shortened to keep
it out of the main channel
Wetland Application No. 313 - Henry P. Smith - Recommend approval
Wetland Application No. 315 - North Fork Property Development -
Tabled for reinspection
Wetland Application No. 316 - Walter Wappus - Recommend "approval
Wetland Application No. 317 - Charlie Caraftis (Mattituck Fishing
Station) - Recommend approval
Wetland Application No. 318 - The Beixedon Estate Property Owners ,
c/o John Nickles - Recommend approval
Wetland Application- No. 319 - Mr. Ted Dowd = Tabled, the Counci
wishes to meet with Mr. Dowd.
Wetland Application No . --320 - Mattituck Park Comm. (park at Peconic
Bay Blvd. ) - Recommend approval
Wetland Application No . 321 - Mattituck Park Commission (Veterans
Memorial -Park) - Recommend approval
Wetland .Application No. 322 - Daysman Morris - Recommend approval,
as long as the conditions stipulated in the DEC Permit as
strictly followed
Wetland Application No. 323 - The Lagoon Association c/o Robert H.
Sturdy - Recommend approval
Wetland Application No:.. 324 Arthur..J . _-Bujnowski -Recommend approval
Town Hall, 53095 Main Road
P.O. Box 1179
TELEPHONE Southold, New York 11971
(516)765-1801
SOUTHOLD TOWN
CONSERVATION ADVISORY COUNCIL
November 27, 1985
Mr. Ted Dowd
P. 0. Box 106
Southold, New York 11971
Dear Mr. Dowd:
At the Southold Town Conservation Advisory Council ' s regular
meeting held November 26, 1985, the Council tabled your wetland
application, which was transmitted to us by the Southold Town
Trustees. for a recommendation.
The Council wishes to meet with you at our next regular
meeting and discuss your application. Several points need
clarification.
The next regular meeting of the Conservation Advisory
Council will be Thursday, December 19, 1985, at 8: 00 P .M.
Meetings are held at the Southold Town Hall, Main Road, Southold,
New York 11971.
Please notify the secretary, Linda J. Cooper, if you are
able to attend.
Thank you for your cooperation in this matter.
Very truly yours,
Martin H. Garrell, Chairman
Conservation Advisory Council
By Linda J . Cooper, Secretary
cc: Southold Town Trustees
a _ , z
Lni
Town Hall 53095 Main Road
P.O. Box1179
TELEPHONE
(516)765-1801 ,2 Southold, New York 11971
-� Z, !
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SOUTHOLD TOWN
CONSERVATION ADVISORY COUNCIL
The Southold Town Conservation Advisory Council held its
regular meeting on Tuesday, November 26, 1985 at 8 : 00 P. M. , at
the Southold Town Hall, Main Road, Southold, New York.
Present were: Martin H. Garrell - Chairman
John Tuthill - Member
Ralph Condit - Member
John Holzapfel - Member
Heather Cusack - Member
Jeanne Marriner - Member
Betty Wells - Member
Linda J. Cooper - Secretary
Also present were: Mr. Bergman
Henry Smith
DISCUSSIONS:
Mr. Bergman (Planning Board referral - Proposed Subdivision)
appeared before the Council to explain the exact location of the
proposed house in relation to the slope and marsh area.
At the. Council ' s request, Henry Smith was in attendance to
answer the questions. raised at the previous meeting regarding his
Wetland Application No . 313.
Regarding the amount of dredging to take place, Mr Smith
informed the Council that the application had been .amended from the
original 1000 c. y. of dredging to 96 c.y.
When questioned about the placement -of dredge spoils , he explained
the dredge spoils would be loaded on a barge and unloaded at
Goldsmiths, then trucked away.
The Council also wished to know if there had been any dredging .
done in the same area in the historic past . According to Mr. Smith,
the County had dredged in the area up to the park at the end of
Youngs Avenue.
REPORTS :
Heather Cusack, .the Council' s STOP representative reported the
program for 1986 would begin organizing in February and start
getting information out to the public with special attention being
given to businesses. -
Ms . Cusack also reported 'on a request received from Councilman
Paul Stoutenburgh. Councilman Stoutenburgh. would like the CAC to ..
Page . 2 �
make up a map showing all the places in the area with drainage pipes
going into creeks. It would help pinpoint sensitive areas .
The Council felt that it was a worthwhile project . Council
Chairman Martin Garrell will contact Paul Stoutenburgh to set up
organizing and financing the project . The members of the Council
thought it would be best to hire someone, possibly a college student ,
to do the actual leg work.
Chairman Martin Garrell reported .that he is planning a joint
meeting for a Saturday, sometime in January of February, between
the Southold, East. Hampton, Southampton, and possibly Riverhead
CACs and Conservation Boards .
RECOMMENDATIONS :
On a motion made by John Tuthill, seconded by Ralph Condit it was
RESOLVED to recommend to the Southold Town Planning Board approval
of the Proposed Subdivision of Martin 'and Barbara Bergman. The
Council approves with. the stipulation that care be used during
excavation and that the natural vegetation be kept as a buffer
between the house and marsh area to avoid run-off .
Vote of Council: Ayes: All
Motion carried.
On a motion made by John Holzapfel, seconded by John Tuthill it was
RESOLVED to recommend to the S.outhold Town Trustees 'a.pproval of
the Wetland Application No. 310 submitted by En-Consultants, Inc.
on behalf of Neil' Simon. . Applicant wished to construct a variable width
timber walkway for house now under construction to bulkhead (_approx-
imately 40' ) .where it will be continous with. a 4' wide x 20 ' long
fixed elevated (min. 3. 5 ' above grade of marsh.) walk, 4 ' x 14'
hinged ramp, and 6 ' x 16' float secured by two 8" diameter pilings .
The Council approves with the stipulation that the dock be
shortened to keep it out of the main channel.
Harbor Lights Drive, Southold.
Vote of Council : Ayes : All
Motion carried.
On a motion made by Martin H. Garrell, seconded by John Tuthill it was
RESOLVED to recommend to th.e Southold Town Trustees approval of
the Wetland Application submitted by The Land Use Co . ,- on behalf of
Henry P. Smith ( No: 313) to dredge a 96 c.y. area in Town Creek.
Hobart Road, Southold.
Vote of Council: Ayes: All
Motion carried.
On a motion made by Mart-in Garrel:l., seconded by Ralph Condit it was
RESOLVED to table Wetland Application No . 315 to reinspect by the
Council .
Vote of Council :. Ayes : All
Motion Carried
Page 3
On a motion made by Jeanne Marriner, seconded by Ralph Condit it was
RESOLVED to recommend to the Southold Town Trustees approval of the
Wetland Application No . 316 submitted by The Land Use Company on
behalf of Walter Wappus to reconstruct 45' of bayside timber
bulkhead within 18' and reconstruct in ,kind and in place 33 ' of
timber bulkhead on west side of property .
Bayshore Road, Greenport .
Vote of Council: Ayes: All
Motion carried.
On a motion made by Martin Garrell, seconded by- John Tuthill it was
RESOLVED to recommend to the Southold Town Trustees approval of the
Wetland Application No . 317 submitted - Charlie Caraftis (Mattituck
Fishing Station) by the North Fork Marine Construction, Inc.
to construct a timber bulkhead, 106 ' long. Bulkhead will be built
18" in front of existing bulkhead. Fill will be trucked in to backfill
bulkhead.
Naugles Drive, Mattituck.
Vote of Council : Ayes : All.
Motion carried.
On a motion made by made by Jeanne 'Marriner, seconded by Martin Garrell
it was
RESOLVED to recommend to the Southold Town Trustees approval of the
Wetland Application No . 318 submitted by The Biexedon Estate Property
Owners to maintenance dredge inlet to Petty' s Pond. Approximately
6500 c. y. of spoil will be deposited on beach to westas beach nourish-
ment . Ten-year maintenance dredging permit is requested.
Ashamonaque Avenue, Southold
Vote of Council : Ayes: All
Motion carried.
On a motion made by Martin Garrell, seconded by Heather Cusack it was
RESOLVED to table Wetland Application No. 319 submitted by Mr. Ted
Dowd. The Council wishes to meet with Mr. Dowd.
Vote of Council: Ayes : All
Motion carried.
On a motion made by Jeanne Marriner , seconded by John Holzapfel it was
RESOLVED to recommend to the Southold Town Trustees approval of the
Wetland Application No. 320 submitted by The Land Use Company on
behalf of the Mattituck Park Commission to reconstruct a timber jetty .
Peconic Bay Boulevard, Mattituck.
Vote of Council: Ayes: All
Motion carried .
On a motion made by. Jeanne Marriner, seconded by John Holzapfel it was
RESOLVED to recommend to the Southold Town Trustees at)nrovral of the
Pagp 4
Wetland Application No . 321 submitted by the Land Use Company on
behalf of the Mattituck Park Commission to reconstruct two timber
jetties .
Bay Avenue, Veterans Memorial Park, Mattituck.
Vote of Council: Ayes : All
Motion carried.
On a motion made by Martin Garrell, seconded by Heather Cusack it was
RESOLVED to recommend to the Southold Town Trustees approval,subject to
the same stipulations as on the DEC permit , of the Wetland Application
No. 322 submitted by Daysman Morris to bring in 200 c.y . of fill
to be placed on lot to run grade to level of road in area 150 'x75 ' .
Kerwin Boulevard, Greenport .
Vote of Council : Ayes: All
Motion carried.
On a motion made by Ralph Condit, seconded by John Tuthill it was
RESOLVED to recommend to the Southold Town trustees approval of the
Wetland Application No.' 323 submitted by The Lagoon Association to
replace 50' S. jetty; repair existing S. jetty, remove up to 215 ' of S .
Bulkhead and grade to natural beach; extend existing jetty 75 '
shoreward in sandy beach; pass over 600 c. y. of littoral sand from
S. to N. and create a deposition basin, including maintenance of
deposition basin and inlet dredging.
Vote of Council : Ayes: All
Motion carried.
On a motion made by Ralph Condit, seconded by Jeanne Marriner it was
RESOLVED to recommind to the Southold Town Trustees approval of the
Wetland Application No . 324 submitted by The Land Use Company on
behalf of Arthur J . Bujnowski to construct a timber jetty of
approximately 35 ' in length. The compartment between the proposed
structure and the one to the east shall be completely filled with
clean sand.
1365 Watersedge WAy, Southold.
Vote of Council: Ayes: All
Motion carried.
On a motion made by Ralph Condit, seconded by John Tuthill it was
RESOLVED to approvethe minutes of the meeting held October 22 , 1985.
Vote of Council: Ayes: All
Motion carried.
NEW BUSINESS :
The next regular meeting of the Southold Town Conservation
Advisory Council will was scheduled _for Thursday, December 19 , 1985
at 8: 00 P.M. at. the' Southold Town Hall .
Page 5
Group inspections will be made on Thursday, December 19, 1985.
The group will meet ,at Southold Town Hall at 1: 00 P.M.
The new applications were distributed as follows:
No . 325 - Ralph Condit
No. 326 - Group Inspection
No . 327 - Jeanne Marriner
No . 328 - Ralph Condit and Betty Wells
No. 329 - John Tuthill
No. 330 - Group Inspection
No. 331 - Betty Wells
No. 332 - Group Inspection
No. 333 - John Holzapfel
No. 335 - Group Inspection
No . 336 - Group Inspection
The Council would like it placed on the record., that due to the
large amount of group inspections scheduled for this meeting,
it was neccessary to schedule two days for the group inspections.
On a motion made by Ralph Condit, seconded by John Holzapfel it was
RESOLVED to adjourn the meeting at 9: 30 P. M.
Vote of Council : Ayes : All
Motion carried.
Respectfully submitted,
i
Linda J. Cooper, Secretary
�r
3
4�7
OFFICE RVISOR it
T❑ Nc LD
FRANCIS J.MURPHY TELEPHONE
SUPERVISOR (516) 765-1800
MAIN ROAD (516) 765-1939
SOUTHOLD, L.I., N.Y. 11971
September 16, 1986
SUBJECT: Bay Avenue Project - Lakeview Terrace Road Association
TO: Southold Town Board
Town Clerk
Highway Department
Building Department
Board of Trustees
Mr. Frank Heroy has requested a meeting with the above departments
to discuss the Rabbit Lane Project. A meeting has been scheduled
for September 23 , 1986 , at 10 : 00 A.M. I would appreciate it if
you could__have a representative from you department present to
answer�::any questions he might have. I have attached copies
of correspondence in regard to Mr. Heroy.
erncis . Murphy
r
outhold
OFFICE F`r '� E''S RERVISOR
TO" N%,:9 GH L D
FRANCIS J. MURPHY , TELEPHONE
SUPERVISOR (516) 765-1800
MAIN ROAD (516) 765-1939
SOUTHOLD, L.I., N.Y. 11971
September 4, 1986
Lakeview Terrace Road Association
P.O. Box 357
East Marion, New York 11939
Mr. Frank Heroy, Secretary
Dear Mr. Heroy;
We have scheduled an appointment for you as representative
for the Lakeview Terrace Road Association to address the Southold
Town Board on September 23 , 1986, at 10 A.M. . to discuss the
problems of your association. .
Please call my office at 765-1800 and confirm this at your
earliest convience. We look forward to seeing you.
Sincerely yours
n rphy
ry 's
w Southold
cc: Southold Town Board
Building Department, Victor Lessard
Highway Department, Ray Jacobs
Trustees
FJM:btr
OFFICE ; 'R RVISOR
TO N.". .0 isHOLD
FRANCIS J. MURPHYcE'�Q
TELEPHONE
SUPERVISOR
(516) 765-1800
MAIN ROAD (516) 765-1939
SOUTHOLD, L.I., N.Y. 11971
July 28 , 1986
Mr. Frank Heroy
145 Lakeview Terrace
PO Box357
East Marion, NY 11939
Dear Mr. Heroy;
Thank you for your letter of July 21, 1986 in regard to
the Rabbit Lane Project. If you would like to meet with
the entire Southold Town Board and all the Departments
involved I can arrange it;.and you can speak with them
about the project and your objections. Please advise me
as to scheduling the meeting.
SVney yours,
J. Murphy
or
own of Southold
FJM:btr
OFFICE �Fk= ,Er<:S PERVISOR
TO Ny U, , LD
FRANCIS J.MURPHY
TELEPHONE
SUPERVISOR (516) 765-1800
MAIN ROAD (516) 765-1939
SOUTHOLD, L.I., N.Y. 11971
May 23, 1986
Mr. Frank Heroy
145 Lakeview Terrace
PO Box 357
East Marion, NY 11939
Dear Mr. H.eroy;
I am in receipt of your .letter dated April 22, 1986.
I have been in contact with Councilman Penny and he has
assured me that he has discussed this matter with you
and he knows the area and the people involved and is
handling this problem.
If there are any more problems or I can be of further
assistance please contact my office.
Sincerely your ,
c s rphy
up v ' s r
T n o outhold
FJM:btr `
L
TELEPHONE
(516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
Date: October 8, 1985
TO WHOM IT MAY CONCERN:
Attached hereto is a Long Environmental Assessment Form
submitted by Ted Dowd in connection with his application for a
Wetland Permit to construct a single family residence on
property located at 350 Rabbit Lane, East. Marion, New York.
Henry P. Smith, President
Board of Town Trustees
Posted: October 8, 1985
•'s�' TOWN_0F SOUTHOLD
40
ENVIRONMENTAL ASSESSMENT — PART I
PROJECT INFORMATION
YOT:C-c: i"r•is dac:sreht is designed to assist in 3etarmtH.rg whether �e action proposed nay have a S:aniiicant
:f':c: an the !nvirrnr.ent_ Please caralzta L::e entire 3aca 4zheet. Answers :o :mesa ';uestians All be cansiaered
as oar- of :.1e aoolicat'on far aoaraval and may be subjy: to ciirther vert"icat'on and public review. Provide
any additional information you believe will be needed :a ctmolete PARTS 2 and 3.
a: is axae=ed _nat camoietion of the EAF wiil be dependent on information currently available and :+ilT not
involve new studies, rasaari or investigation. I-" inror-::::an r_ouirming such aadi:;anal +oric is_unava'.;able, • .
sa indicata and specify eecz instance.
43AME -IF ?4CJEC'. ... _.... _._.... _ qa:'E 110 ACCRE-S OF ^SfYt? ('If Otr=?_rent) :
..2�
_ - 'AOORrES =:JO •'?A.*E IF Apo' fC.:P1T: Strao_l
w c( P.J., iScacaj. lip!
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BUST NESS ? O .
OE:;I I u T ,.. OF 000JEC7: (9ri ,"ly describe type of ;roze= ar action)
ri...
r t' f�9 /i Ii •_ G F/—U
i
(;LEACH CGMPLETc EACi Ctl �ii0.'1 - Fndicat= 3-A. iit not 300licaole)
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ri (rhysicaI a2C=.'j or over-all project, both develacet and o:ndevelcoed areas) :; ,•,;, ; !�i++•`
i. Genersi Gnaractar of the land: Generaily uni.am. slope S2neraily t:neven and roiling ar_irmquiar
?r=Sent 'and -ise: Urban Industrial Ca=erc'aI SUOuroan . 2ur3T' .corssr.
Agriculture . OLner
3. Tacal 3Cr-tace o.. 7roject area:
AOaraXlmaL2 3cr2age: 'rasently AfLsr Comoiat'an Presently Attar Scmolecion
` MeadCw or 3rusnland n- -acres ,,D 5 aC-Ss :latar Sur'aca Area D acras 3GreS
_ :ar,!3 t_md 1C'?s !C-+S ��nYonnr3 C�'1 ^C C,
earn or rill; �52 ac-_s ,�2 icr-s
.far-cui::ral 0 acrTs C> icres
;cads, Suildtras
:'.et!bra snMat�r or and ._-er have:
riaaf as :er -.r:__.e5 sur-ic:s ••"-S a ;G-:s
::-er (:nai:a:a :yae lc-'s ac-es
d, Wha_ is oreccn-:nant soil type(s) on
7. a. Are :.`.e.'? 7ecmc°C :utcrr-Dings Jn ]r'ajec: s::_? Yes •10
j. .'hat is loot' :a :edr:c:c'
6. Approximate percentage of proposed project site with slopes: 0-10t V"t; 10-15: :; IS. or .
greater
7. Is project contiguous ty, or contain a building or site listed on the National Register of. Historic
Places? Yes V No
8. What is the depth tothe water table? fe_t
9. Go hunting or fishing opportunities presently-exist in the project area? Yeslfo
10. Does project site contain any species of plant or animal life that is identified as threatened or
endancered - Yes d N , according to - Identify each species
11. Are there any unique or unu[;ual land forms on the project site? (i.e. cliffs, dunes, other geological
formations - Yes Na. -(Describe
12. Is the project site resently used by the co=unity or neighborhood as an open space or recreation •
area - Yes No.
• 13. Does the present site offer or include scenic views or vistas known to be important to.the cormunity?-
Yes No
74. Streams within or contiguous to project area:
• - :. a. Name of stream and name of river to which it is tributary
15. Lakes, Ponds, Wetland areas within or contiguous to project area: -._...._
a. Name ; v. Size (in acres) -
.16. What_i-s-t-he-doni-nan•t4an -use and zoning classification within a 1/4 mile radius of the project (e.g.
single family residential, R-2� and the scale df development (e.g. 2 story).
"PROJECT DESCRIPTION
1. Physical dimensions and scale of project (fill in dimensions as appropriate) -
a. Total contiguous acreage owned by project sponsor 1 2 acres.
b. Project acreage developed: o acres initially; V yS acres ultimately. .
e. Project acreage to remain undeveloped _ a 75 .
d. Length of project, in miles: (if appropriate)
•--•-• e. If project is an expansion of existing, indicate percent of expansion proposed: building square fco
age developed acreage -,
f. Nusrber of off-str=t parking spaces existing proposed '
g. Maxirrim vehicular trips generated per hour .00/S (upon completion of project)
h. If residential: Number and type of housing units:
- One'Family Two Family Multiple Family Condominium
• Initial v
Ultimate f
i• IE: Orientation
Neighborhood-City-Regional- Estimated Employment
CC=2 rc i a l
Industrial
j- Total height of tallest proposed structure 30 feet.
26. Approvals: a. Is any Federal permit required? Yes Yo
b. Does project involve State or Federal funding or financing? Yes �No
C. Local and Regional approvals:
Approval Required Submittal Approval
(Yes, No) (Type) (Date) (Date)
City, Town, Village Board Mn
City, Town, Villace Planning Board
City, Town, Zoning Board
City, County Health Department �y ems 1��.�,.-r
Other local agencies err %r-s to �•/rs
Other regional agencies Nz1
State Agencies X-eS
Federal Agencies
C. IHFONMATIGUAL DETAILS _ . . .
Attach any additional information-as rrz y be-needed--tqL clarify your project. If there are or may be any
adverse impacts associated with th L` l a-e '"scuss such impacts and the measures which can be
taken to mitigate or avoid them
PREPARER'S SIGNATURE:
_.. _.TITLE:
REPU'SENTIRG: .
DATE: +,�•a 6"! i�Jn
i
>A
-,.2. How much natural material (i..:, rock, earth, 'etc.) will be removed from the site - O tons .
.a = cubic ya
3. How many acres of vegetation (trees, shrubs, giro and covers) will'be removed fron site - •acres.
4. Will any mature forest (over 100 years old) or other locally-Important vegetation be removed by this
project? Yes ✓Na
S. Are there any plans for re-vegetation to replace that removed during construction? VYes No
6. If single phase project: Anticipated period of construction 1.2 months, (including demolition)..
.7. I.f multi-phased project: a. Total number of phases anticipated No.
• -•- b. Anticipated date of commencement phase 1 month Year (includin
demolition)
c. Approximate completion date final phase month _year.
a. . Is phase 1 financially dependent on subsequent ptasds? Yes
S. Will blasting occur during construction? Yes " No
9. Number of jobs generated: during construction _ 20: after project is complete U
10. Number of jobs eliminated by this project C_-)
11. Will project require relocation of any projects or facilities? Yes LJo. If yes, explain:
12. a. -Is surface or subsurface liquid waste.dasposal involved? Yes ✓ No.
b. If yes, indicate type of waste (sawage, industrial, etc.)
e. If surface disposal name of stre_n; into which effluent will be discharged
13. Will surface .area of existing lakes, ponds, streams, bays or other surface waterways-be increased or
decreased by proposal? Yes ✓No. -
f
14. Is project or any portion of project locatDd in the 100 year flood plain? des No
15. a. Does project involve disposal of soli;*was
te? ✓Yes No
b. If yes, will an existing solid waste disposal facility be used? ✓ Yes No
e. If yes, give name: Szo i` location
d. :•lilt any wastes not go into a sewage M sposal system or into a sanitary landfill? r Yes t�,
16. Will project use herbicides or pesticides? Yes 41-<,10
17. Will project routinely produce cdors (more than one hour per day)? Yes P.-'No
18. Will project produce operating noise exceeding the local ambience noise levels? Yes No
19. Will project result in an increase in energy use? _----yes No. If yes, indicate type(s)
Pwr
• 20. If water supply is from wells indicate pumping capacity `/5 gals/minute.
• 21. Total anticipated water usage ;er day __ ls/day.
Z. Zoning: a. 'What is dcminant 'zoning classification of. site? "J. " fle
b. Current s;ecific zoning classification of site
e.- Is proposed use cznsistent with ,present zoning?
d. If no, indicate desired .zoning
•' #_ , •3-
145 Lakeview Terrace
PO Box 357
East Maron,.. .. .,. 1.1939
July 21,- 1986' '
The Honorable Frank Murphy, Town Supervisor s; V
Southold Town Hall
Main Road } '
s
Southold, NY 11971
± r
Dear Mr. Murphys
In mid-June, I returned from an extensive automobile trip
to the Rockies. Upon my return, your letter of May 23rd was
awaiting me.`I put it on hold as I wanted to ascertain the sta-
tus of the Bay Avenue, East Marion water pipes, electric cables,
trenching project. I assume the Town now considers the project
complete as the contractor seeded the area. on.Monday, .July, 14th,
and the Town sweeper went through the next day, Tuesday.
There is a cons' erable am.o ,nt of debris containing long
sections plastic ipe, brush and materials dredged f om the.C�
lake on a Town RO opposite a pumphouse.;It has bee there aM
for six 6). weeks. s the Ilea -up the responsibility f the G
contrac or or the own? There is a sign which says, "D MPING-
$50 FI E" on the ame side o the road to the south.
I found your letter to. be eonfrasing as you indicated you
are in receipt of my letter of April 22nd. Councilman Penny tel-
ephoned on the evening of April 29th in response to my letter of
the 29th which was also addressed to you.
Councilman Penny advised- me, in essence, that:
1. I should not expect any answers to the questions posed in
my letters of April 22nd and 29th.
2. I should not believe what I read in the papers about the
actions of the Town Board. and the quotes of elected of-
ficials. (Even so, the articles in New: sday, the Traveler,
and Suffolk Times have been interesting, sometimes amus-
ing and even pathetic. )
3. Inasmuch as I was not on Village water I would be so in
a short time. (You indicated that Mr. Penny knew the area
and the people involved. Mr. Penny did not know that we
were on well water until I volunteered the information in
our conversation. Protection of well water was the gist of
my initial memorandum of March 1st. )
I have come to the conclusion that I never had a problem re-
lating to the trenching project. The Town has very serious prob-
lems.
1 of 3
I have heard that the Town Trustees are concerned with road
run-off into the tidal creeks and propose to do something about
it. The breeks have tidal action with the resultant flushing so
that run-off does not exert its full impact. Marion Lake does
not have that benefit. It is suggested that the Town Trustees
inspect the run-off into Marion Lake since the trenching pro-
ject for which they granted a permit. The drainage on the east
side of Bay Avenue, south of Lakeview -Terrace, has now been di-
verted to the bridge into the lake. This has been so only since
the project. For decades, the drainage on that side of the road
entered the area near the pumphouse and leached into the soil.
Road run-off and silt are now- entering directly into the lake.
The Town Wetlands Code says something to the effect that silta-
tion is not to be the result of a project granted a permit. In
a very short time siltation will clog the waterway between the
two sections of the lake and canoes, rowboats, and wildlife use
that waterway. When can we expect action?
In addition to the scenic beauty, the lake provides recre-
ational boating and freshwater fishing. Most of the fishing is
done from the east side of the bridge. I suggest that the Town
Trustees. visually inspect the debris which was placed in the
dredged trench. The debris comes so close to the surface that the
swans must climb over it rather than swim .through. The debris
will be snagging fish hooks and monofilament line will be break-
ing off. Monofilament line in the water is a disaster to wild-
life :- muskrats, ducks, turtles, swans, geese, herons, egrets,
and grebes which use theat area. I can't imagine the Code. per
mitting debris to be used as a fill in a trench.
A neighbor was informed that there was no way that a crane
would be permitted on the bridge. Not only did the crane - cross ,
but it was on a transporter. There is no weight limit posted for
that bridge. What is . the weight limit for the bridge? You must
remember that bridge was built before the big houses on Rabbit.
Lane. What was the gross weight of the pre-cut lumber and trailer
which crossed the bridge to go to Huckleberry Hill? What was the
gross weight of the cement trucks which poured on jobs on Rabbit
Lane and- Huckleberry Hill? Should the garbage truck which is at .
the end of its run cross the bridge? Should any of these trucks
be permitted to cross the bridge? The EMFD has a policy of not .
permitting trucks to cross the bridge. In an emergency, there is
no doubt of what they would do. The FD doesn't flaunt it; others
do. I suggest the Town inspect the bridge, which is about 60 years
old, before there is a serious accident.
A representative of the Underwriter's Office alleged that no
yellow tracer .was placed in the trench with the gas main, the wire
cables, and plastic water pipes between Lakeview Terrace and the
waterfield. Our photo file does not indicate that it has been
done. Which Town representative is responsible for inspecting the
trench before it is backfilled?
2 of 3
On my trip West, I spent a considerable amount of time in
"missile silo" territory in northeast Colrado, southwest Nebraska,
and southeast Wyoming. It is barren; it is desolate. One can still
see the ruts of wagon trains. One may not see another vehicle for
hours upon end with the exception of an Air Force patrol. I met a
postman whose circuitous route was 93 miles long on gravel and
dirt roads to deliver mail to 45 roadside boxes from which one
could not see a sign of a house or barn most of the time.. As a
reminder of civilization, every so often, one would see a sign:
XXXXXXXX COUNTY
ZONING LAWS
CODES STRICTLY ENFORCED
For information Call xxx xxxx
I had to consult a topographical map to ascertain the state in
which the county was located.
Were they fooling? Thinking of the Town of Southold, I
called four (4) of those numbers. I told each I was presenting
a hypothetical case and to be free to stop the conversation at
any time. I had a piece of property but that the water was con-
taminated. I had an option to purchase another less desirable::
piece of property 1 mile away with good drinking water. One must
be mindful that one may own property, but not have the water and/
or mineral rights thereto. May I trench? What are the rules and
regulations? What codes apply? What permits would be needed? Who
and how often are inspections .made? There are many buried natural
gas lines which interconnect wellfields and buried silo sensors ;
one just doesn' t use a trenching machine or a backhoe at will. In
all cases , one person answered all my questions. I was not put
on hold or shuffled from one department to another. That person
was the spokesman and there was decisiveness.
You requested that I formally sign my memorandum of March 1st
to identify myself and to assure you that I was serious. I did so;
I stood up to be counted. In reciprocity, I am awaiting you, the
Town Supervisor, the highest elective post in the Town, for an-
swers to my questions not only in this letter, but in the letters
of April 22nd and 29th.. May I hear from you in the near future?
I am enclosing another copy of the April 29th letter for
your file.
V trul7� y
grnyouRhe oy
c.c. Councilman George Penny
Henry Po Smith, President of Town Trustees
Victor Lessard, Exec. Adm. of Building Department
Ray Jacobs , Superintendent of Highways
Mark Middleton, Pres . of Lakeview Terrace Rd. Assoc.
145 Lakeview Terrace
PO Box 357
East .Marion, NY 11939
April 29, 1986
Dear Southold Town Supervisor Frank Murphy
Town Councilwoman Jean Cochran
..Justice Raymond W. Edwards
Councilman George Penny IV
Councilman James Schondebare
Councilman Paul Stoutenberg
In the absence of any response to my memorandum of
March 01 , 1986 and to my letter of April 22, 1986 re:
Quality of Water and the Bay Avenue - Rabbit Lane Project
and the unprecedented nature of the project, I suggest that
the Town Supervisor and Town Board appoint an dmp�artial in-
vestigator of the situation. It is unprecedented;"that it is
extremely rare for one project to involve trenching of 1200'
of Town ROW on Bay Avenue to lay four (4) plastic water sup-
ply pipes with an accompanying three (3) wire cable for each
supply pipe and to cross a freshwater lake . Does one usual-
ly permit trenching before all permits are in order?
When the trenching started on Thursday, April 17th, I
called the Highway Department to ascertain what was going on.
I was told that the Highway Department did not issue trench-
ing permits ; that was a function of the Town Clerk's Office.
A call to the Town Clerk's Office indicated that the permit
did not indicate what was to be trenched and that there was
a bridge intervening between the. points of trenching, the
wellsite on the Schimatz property and Rabbit Lane. What was
approved to be trenched? Private water supplies are not
usually located on Town ROW.
Did not anyone say that this unusual and we should look
into it?
On page 3 of 4 of my memorandum of March 1st, I stated
that as of the end of January 1986 there was no DEC permit on
file and that Town wetlands were involved. On page 4 of 4, I
asked if consideration would be given to driving pipe under
under driveways and Lakeview- Terrace entrance. The purpose
was to not inconvenience the residents ; it would also provide
a sleeve. The project was ramrodded and no sleeves were laid.
I understand that is one of several violations.
In response to my memo, Mr. Lessard, Exec. Adm. of the
Building Dept. , responded to Supervisor Murphy on March 7th
stating that plastic pipe as a source of water supply is not
permitted by law. A copy of Mr. Lessard 's memo was, routed to
the Highway Department and the Trustees. That was March 7th.
I received a copy through Supervisor Murphy on April 19th.
1 of 3
In the light of that information on March 7th, how
could one authorize trenching with plastic pipe on April
7th? How could one authorize trenching knowing that Town
wetlands were involved and there was no Town wetlands per-
mit? Mr. Lessard's memorandum and mine indicated that wet-
lands were involved. Was it foreordained at that point a,
Town wetlands permit would be issued?
I can well imagine the hullabaloo and law suits if
a contractor trenched for two (2) miles and then was de-
nied a permit to cross wetlands. How come this project
started before a wetlands permit was issued?
There would be no problem at this time if the Rabbit
Lane Association had granted four (4) more hook-ups to its
water system, but . . . . . . . The Rabbit Lane Association stood
its ground and determined that its water supply system
could serve no more houses. It would be the straw that broke
the camel 's back. I feel that the nitrates and phosphates
from additional houses will break the lake 's back. How much
is too much? Who is going to or is in a position to take
a stand? I do not live on the lake, but I visit it at.
least twice a day. The lake used to, bounce back from road
runoff and debris , but no more.
It seems incongruous that 'the Dowd - Schimatz property
on the lakeside of Rabbit Lane is filled in wetlands. Several
years ago, fill was dredged from the lake with a crane and a
bucket. It was legal at the time. Fill could have been:
trucked in, but it was easier to rape the lake. Morally, the
residents on the north lakefront thought it was wrong, but. . .
The 'wellsite on the Schimatz property is on property con-
siderably filled in over the past three years, possibly wet-
lands has been involved. Filled in site to filled in site !
How closely has the Dowd - Schimatz property been in-
spected for plants indigenous to wetlands by the DEC, the
Town Trustees or the Building Department? Are there no wet-
land plants within 75. of the almost completed Dowd house?
I say "almost" as it is apparent it needs to be backfilled.
Who makes the inspections 'and reports to whom? Verbally or in
writing? Who coordinates the information?
It has been alleged that "yellow markers" are missing
in the trench. Wha inspected the trench before backfilling?
Before backfilling a house basement, the Building Depart '
ment makes an inspection. What other violations are buried
in the trench?
2 of 3
Why are four (4) plastic water supply pipes needed to
supply four (4) houses with water in a trench on Town ROW,
whereas the Rabbit Lane Association has been using one ( 1)
pipe to supply several homes?
In the light that the Rabbit Lane Association galva-
nized' water supply pipe was replaced approximately four
(4) years ago without a DEC permit and with severe dis-
turbance to the wetlands and the lake bottom and the Rabbit
Lane Association }embers have had no problem with water sup-
ply, I strongly urge that the pipe remain undisturbed.
In my estimation, the Bay Avenue project is ill con-
cieved and there are alternatives other than disturbing
the lake ; that Town, County, and State agencies and departments
have not interacted with one another; and that no one person
or elected/appointed body has been given the authority to
approve a project of this nature. A person or a department
has the authority to approve part of the project, but there
is no one person or agency to determine if the parts fit
together.
The Suffolk Times article and local gossip are genera-
ting terms associated with the project: "passing the buck" ,
ineptness, incompetence , arrogance, "COA" , assessing blame ,
lack of coordination, insensitivity, and crisis management.
If this project has so many faults on land, how can it
even be considered in the water?
In a project of this type and scope, there must be a
public hearing. Its nature will have an impact on the Town.
It may be that the Public Service Commisssion and the
Suffolk County Water Authority should be involved.
. Sincerely yours,
Frank Heroy
c.c. Mr. Henry P. Smith, Pres . of Town Trustees
Town Trustees
Mr. Paul Ponturo, Suffolk County Health Dept.
Mr. Dennis Cole , DEC
Mrs . Judith Terry, Town Clerk
Mr. Victor Lessard, Building Department
Mr. Ray Jacobs , Highway Dept.
Mr. Mark Middleton, Pres . of Lakeview Terr. Rd. Assoc.
Mr. Tim Gould, Suffolk Times
3 of 3
145 Lakeview Terrace
PO Box 357
East Marion NY 11939
/ ,.._.:..::,.-:,x_..:._.::._._.___._.,.�.._._._...........�s April 22, 1986
Dear' Supervisor Frank Murphy
Councilwoman Mrs. Jean Cochran
Justice Raymond W. Edwards
Councilman George Penny IV
Councilman James Schondebare
Councilman Paul Stoutenberg
Exec. Adm. Victor Lessard, Building Dept.
Supt. Ray Jacobs, Highway Department
Pres. of Town Trustees, Henry P. Smith
Southold Town Clerk, Judith Terry
vri fTiarch 1, 1986 I submitted toa the Town Supervisor and
the Town Board �. scenario based upon rumor
and a few facts. The rumors became fact on Thursday mornin ,
April 17th. Between Thursday and Friday afternoon, four (4
pieces of plastic pipe and four (4) sets of 3 wire cable were
placed in a trench on Bay Avenue in East Marion. The trench was
dug between the four (4) well connections on the Schimatz-
Schmidt property south to Lakeview Terrace and backfilled.
The Town Clerk's Office, not the Highway Department as I
had originally presumed, has issued a permit for Gary Tabor to
dig a trench on the east side of Bay Avenue in the ROW from the
Schimatz - Schmidt property south to Rabbit Lane, a distance of
approximately 1200 feet. A trench is then planned to run 150 to
390 feet east on Rabbit Lane to specified pieces of property.
It is a run of approximately a of a mile from a good quality
water source to property which has had salt water intrusion for
at least forty (40) years. That is my primary concern. In the
Board's presentation of the Master Plan, it was pointed out
that five (5) acre zoning was necessary south of Route 25 in
Orient to prevent or to decelerate salt water intrusion to the
property. Are you being consistent and fair if you permit the. .
propos-d I m le water ipe run and you did not present it as an
alternative to five (5 acre zoning? Are you not encouraging
people to purchase property on the east - west center line of
the North Fork for the water rights to be sold or leased rather
than home development? You will be encouraging a hodge podge of
small and large, individual and community water systems, hopping
ovet' one another always inland to secure a source of clean water.
A' chaotic situation is arising in the immediate future.
I resented my going to the Supervisor's Office on Friday
afternoon, April 18th, to sign my March 1, 1986 memorandum to
indicate that it was my memo and I was serious. My name and ad-
dress -were thereon and could have been checked by a telephone
call. I felt insulted and I am even more serious about the me-
chanics of the situation.
i
From telephone conversations on Thursday and Friday of.
the week past with the Town Clerk's Office, I ascertained that
the trenching permit did. not specify what was to be placed in
the trench and how. It was suggested that I call the Highway De-
partment to obtain the answers, but I had called the Highway De-
partment earlierto be informed that only the Clerk's Office is-
sues trenching permits. It was interesting to note when I asked
that there was no notation that a bridge on Bay Avenue. over
Marion Lake might cause a problem. What data are required on a
trenching permit?
In my memorandum of March 1st, I indicated that no DEC
application was on file as of the end of January and that Town
wetlands are involved. The DEC permit is in the name of the Rab-
bit Lane Association, the trenching permit - Gary Tabor, the
Town wetlands permit application - Gary Tabor, and the Board of
Health. permit - Schimatz or Dowd or ?. It is confusing. In Mr.
Lessard's memo of March 7th, he stated that plastic pipe was not
permitted by law.
1. Why was the contractor not informed that a Town wet
lands permit was needed in addition to the trench-
ing permit?
2. Did the Town know or care that a DEC permit was
issued?
3. If the March 7th Mr. Lessard memo stated that plas-
tic pipe was not legal, why was not th-e contractor
informed? (When I questioned this on A ril 21st,
it was for the first time. It is legal.
4. I am still waiting to hear if a performance bond
and proof of liability insurance are required?
5. If plastic pipe and electric cable are to be placed
in the same trench -near a gas main, what are the
Town specifications?
6. Who is the engineer or electrician or plumber of
record?
7. Why aren't sleeves necessary around buried pipes and
wires under driveways and roads? I believe Southold
is the only town exception on LI.
8. Why was it a surprise for a Town representative to
discover not one (1) , but four (4) buried plastic
pipes and four sets of cables?
:u
9. Do the plastic pipe and cable meet Town specifi-
cations for burial?
10. Were the plastic pipes and cables trenched and
buried to the satisfaction and requirements of
the Town?
11. Will there be room in the ROW in the future to run
individual water lines and cable from each house
on Rabbit Lane, Lakeview Terrace, Cozee Cove, and
all other housesto a water field north of all the
houses on and adjacent to Bay Avenue? Will Gardiners
Bay Estate be next?
I, am still concerned with the water connection boxes pro-
truding above ground, not all, but some, on the east ROW south
of the bridge. Liability insurance is a growing problem.
I am concerned with a wetlands application even being con-
sidered at this time as muskrat houses are in the north bank of
the Lake near the bridge; it is breeding season. There is also
a mallard hen nesting in the same area to the east. The swan has
been sitting on her nest on the east side of the lake since Palm
Sunday. With an incubation period of 36 or so days, the cygnets
are due this month. There should be no activity to frighten the
cygnets, the ducklings, and the muskrat young.
Evidently, it is relatively easy to obtain a trenching per-
mit compared to my ordeal and thoroughness when I applied for a
six (6) foot fence permit. Does the Town intend to grant permission
to anyone who has salt water intrinsion or to subdivide a plot so
there are no fresh water privileges as on Rabbit Lane to hook up
to an inland wellpoint as long as one can trench on Town ROW or
private land?
Since my memorandum of March 1st took seven (7) weeks, forty
seven (47) days to receive a copy of Mr. Lessard's memo from the
Supervisor, may I expect a prompt reply to this letter?
S n ere y, �:�A�
Frank Heroy
c.c.
Mrs. Ruth Oliva, Town Water Committee
- Mark Middleton, President of Lakeview Terrace Road Association
TEL. 765-1802
S�FFOLI��� TOWN OF SOUTHOLD •
0� OFFICE OF BUILDING INSPECTOR "r(
P.O. BOX 728 i`
LP A TOWN HALL ► t. f !
SOUTHOLD, N.Y. 11971 ' 14AR 7
March 7 , 1985
TO: Supervisor Francis Murphy ��
FROM: Exec . Admin . Victor Lessard
SUBJECT : Frank Heroy memorandum
In the general text of this letter and ref-
erence to green scum ( algae ) forming etc . , I don ' t
believe the township has a department within it ' s
framework that could determine the causes for such
a condition .
As for new construction on Rabbit Lane , I am
very well aware of the frail water table in that
area. What the public must realize is that if all
necessary permits ( including the Health Dept. , the
controlling factor where water is involved ) are ob-
tained ; then we are reduced to zoning and construc-
tion control only.
I will try and address his listed concerns
and hope they will be of some help to you .
1 . Four years ago ( before my time ) Rabbit Lane
Association replaced galvanized piping with
plastic . -I would have to assume it was pre-
existing to be there in the first- place . As
to replacing, I am sure the Town Board (who
had that responsibility at that time ) was
never made aware that such a thing was hap- -
pening. The second thing that crosses my mind ,
is , if this plastic pipe is being used as a
source .of water supply then , as of this date ,
,it is not permitted by law .
2 . Concrete water connection boxes in the towns
R . O . W. have to be cleared by the Highway Sup-
ervisor. As to liability , the Town Attorney
is the best source for determination .
3 . Again trenching across town roads require Town
Highway approval
Supervisor Francis Murphy
March 7 , 1986 Page 2
4 . Not answerable .
5 . If there is a present violation existing
in the wetland area then action is re-
quired by Town Trustees .
VL :hdv
':'•� ��'
g.
w F "h► Town Hall, 53095 Main Road
`� ,�"'�.°► `,�� P.O. Box 1179
Southold, New York 11971
JUDITH T. TERRY TELEPHONE
Town CLERK (516)765-1801
REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD -._-.--,
September 29, 1987
Mr. Francis A. Heroy
145 Lakeview Terrace
P. O. Box 357
East Marion,. New York. 11939
Dear Mr. Heroy:
Superintendent of Highways Raymond Jacobs transmitted your letter
of September 28, 1987 to me for response.
In' answer to your request for the latest engineering report on Bay
Avenue, East Marion bridge, the same is enclosed herewith. The cost for
this ' record is seventy-five' cents ($. 75) , which .you may transmit to this
office at your earliest convenience.
n answer to your request for repai r'records to this 'bridge for the
past '30 years, neither Mr. Jadobs' office, nor this office has any records
to this effect, therefore are unable to produce same.
Very truly yours,
-Judith T. Terry
Southold Town Clerk
Enclosures
cc: Supt. of Hwys. Jacobs
SEP 2 9198T
SOUTHOLD T011 ! I
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ^`1r � --�—tii;j
NUMBER EFpE. VE 6ATO .�
..,-85-0615 Novemher,..22nd., ..1985
,.CILITY!PROGRAM NUMBER(s) PERMIT EXPIRATION DATE(s)
Region One Under the Environmental Conservation Law
December 31st, 1986
❑Article 15, Title 5: ❑Article 17, Titles 7, 8: SPDES ❑Article 27, Title 7:
Protection of Water ❑Article 19: Solid Waste Management
❑Article 15, Title 15: Air Pollution Control ❑Article 27, Title 9:
Water Supply ❑Article 23, Title 27: Hazardous
❑Article 15, Title 15: Mined Land Waste Management
Water Transport Reclamation ❑Article 34: -
❑Article 15, Title 15: YNArticle 24: Coastal
Long Island Wells Freshwater Wetlands Erosion Management
❑Article 15, Title 27: []Article 25: ❑Article 36:
Wild, Scenic Tidal Wetlands Floodplain Management
and Recreational Rivers ❑Articles 1, 3, 37; 6NYCRR 380:
❑6NYCRR 608: N—New, R—Renewal, M—Modification Radiation Control
Water Quality Certification C—Construction, O—Operation, (If Applicable)
F PERMIT ISSUED TO
Rabbit Lane Association
ADDRESS OF PERMITTEE
19 East Mall, Plainview, New York 11803
AGENT FOR PERMITTEE!CONTACT PERSON TELEPHONE NUMBER
Charles Luscher (516) 643-5800
NAME AND ADDRESSOF FACILITY(If different from Permittee)
N/A
LOCATION OF PROJECT COUNTY TOWN!CITY!VILLAGE UTM COORDINATES
Marion Lake - - Suffolk Southold
DESCRIPTION OF PROJECT/FACILITY Re-install 2" diameter water service to be underground and under
the bottom of the lake, as per the plans submitted.
GENERAL CONDITIONS
By acceptance of this permit,the permittee agrees that the permit is contingent upon strict compliance
with the ECL, all applicable regulations and the conditions specified herein or attached hereto.
1. The permittee shall file in the office of the appropriate regional permit administrator,or other office designated in the special conditions,a notice of intention to commence
work at least 48 hours in advance of the time of commencement and shall also notify him/her promptly in writing of the completion of the work.
.2. The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if
the public interest so requires.
3. The permittee has accepted expressly,by the execution of the application,the full legal responsibility for all damages,direct or indirect.of whatever nature,and by whomever
suffered,arising out of the project described herein and has agreed to indemnify and save harmless the State from suits,actions,damages and costs of every name and descrip-
tion resulting from the said project.
4. The Department reserves the right to modify,suspend or revoke this permit at any time after due notice, and, if requested, hold a hearing when:
a) the scope of the project is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are found;or
b) the permit was obtained by misrepresentation or failure to disclose relevent facts;or
c) newly discovered information or significant physical changes are discovered since the permit was issued.
5. The permittee is responsible for keeping the permit active by submitting a renewal application,including any forms,fees or supplemental information which may be required
by the Department, no later than 30 days(180 days for SPDES or Solid or Hazarduous Waste Management permits)prior to the expiration date.
6. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the
permitted work or as authorizing the impairment of any rights, title or interest in real or personal property held or vested in a person not a party to the permit.
7. The permittee is responsible for obtaining any other permits• approvals, lands,easements and rights-of way which may be required for this project.
8. Issuance of this permit by the Department does not,unless expressly provided for,modify,supersede or rescind an order on consent or determination by the Commissioner
issued heretofore by the Department or any of the terms. conditions, or requirements contained in such order or determination.
9 Anv modification of this permit granted by the Department must be in writing and attached hereto.
PERMIT ISSUANCE DATE PERMIT ADMINISTRATOR ADDRESS Bldg. 40, SU':�'Y, Room 219
November 22nd, 1985 Charles T. Hamilton Stonv Brook New York 11794
AUTHORIZED�S/IGlNATU5E
X ,4 �^ —L�Tr ,� I Page 1 of (5)
,cAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 25, 34 and 36 o
cure operations by the State of New York require an al- 14 Any material dredged in the prosecution of the work heref permitted
a in the position of the structure or work herein authorized,or shall be removed evenly,without leaving large refuse piles,ridges across
n the opinion of the Department of Environmental Conservation the bed of a waterway or floodplain or deep holes that may have a
it shall cause unreasonable obstruction to the free navigation of said tendency to cause damage to navigable channels or to the banks of
waters or flood flows or endanger the health, safety or welfare of a waterway.
the people of the State, or cause loss or destruction of the natural 15. If any material is to be deposited or dumped under this permit,either
resources of the State,the owner may be ordered by the Department to in the waterway or on shore above high-water mark,it shall be deposited
remove or alter the structural work, obstructions, or hazards caused or dumped at the locality shown on the drawing hereto attached,and,
thereby without expense to the State, and if, upon the expiration or if so prescribed thereon, within or behind a good and substantial
revocation of this permit, the structure, fill, excavation, or other bulkhead or bulkheads, such as will prevent escape of the material
modification of the watercourse hereby authorized shall not be com- into the waterway.
pleted, the owners, shall, without expense to the State, and to such 16. There shall be no unreasonable interference with navigation by the work
extent and in such time and manner as the Department of Environmental herein authorized.
Conservation may require,remove all or any portion of the uncompleted 17 If granted under Articles 24 or 25, and if upon the expiration or re-
structure or fill and restore to its former condition the navigable vocation of this permit,modification of the wetland hereby authorized
and flood capacity of the watercourse.No claim shall be made against has not been completed, the applicant shall,without expense to the
the State of New York on account of any such removal or alteration. State, and to such extent and in such time and manner as the
11. That the State of New York shall in no case be liable for any damage Department of Environmental Conservation may require,remove all or
or injury to the structure or work herein authorized which may be caused any portion of the uncompleted structure or fill and restore the site
by or result from future operations undertaken by the State for the to its former condition. No claim shall be made against the State of
conservation or improvement of navigation,or for other purposes,and New York on account of any such removal or alteration.
no claim or right to compensation shall accrue from any such damage. 18 If granted under Article 36, this permit does not signify in any wa}
r 12. That if the display of lights and signals on any work hereby authorized that the project will be free from flooding.
is not otherwise provided for by law, such lights and signals as may 19 All activities authorized by this permit must be in strict conformanCE
be prescribed by the United States Coast Guard shall be installed and with the approved plans submitted by the applicant or his agent as par
maintained. of the permit application.
13. All necessary precautions shall be taken to preclude contamination
of any wetland or waterway by suspended solids, sediments, fuels, Such approved plans were prepared by
solvents, lubricants,epoxy coatings,paints,concrete,leachate or any on
other environmentally deleterious materials associated with the
project.
SPECIAL CONDITIONS
Supplementary Special Conditions . . . (A) through (J) , attached;
Additional General Conditions . . .
20) All sections of old iron pipe shall be removed and disposed of at an acceptable
upland site.
21) All disturbed areas shall be immediately seeded with wild millet.
22) The re-installation of the pipe under the bottom of the lake shall cause as
i little disturbance to the bottom as possible.
I cc: Louise Harrison, F&W
: I
DEC PERMIT NUMBER
10-s5-0615
PROGRAM FACILITY NUMBER I Page
2 of 5
Re;lOn One
N
I w r
xx;3. !hU rUIXIVeS to r"LlUIrk: UIV ')4 IL. 'U. Ir. the ever, !:;.it any 0i th, W,
pr-:C,o:tlU!1.; or th,- !k,riher i.,oannc'nt o% pt:rilicallion 1J lbe y,i-,-!J of the wells E.Lcu!2 4.--ii nolnw
:11t,11 lids SOUI(.,. should culld;lions ;tl, imiicatL 1 nesiv lur sj(.Ii tf-e shall install an additioii,-.: Ol t Z�.k
as ni.iy be directed by the Dupartrn-.lia.
s1hail t
i4. (,ronling (,! ihis perni!l by the D(fparlm-,ml is made ;ubj,..CI o; the ;�.adv t.-quire an additional permit, or '::bleb a r,t,. UQLT Q.
of ;n} appr,jval !)-,, thv (Delaware) iSusqavharj.i.i) i%',;vLr Ea'-ill
21. Hle %val(t :;::poly ;;o;l Jci shallHislailid
r; mac be iequirud under the !)rovi:,ions of the z r L; ..--, .
)U I C tilt ser of a r! i I i rea-�cn!i it y reti u i
(-r 111 M DOC t.
C OR n.--
sys(V I ii. III is obligatiol; :lail bo included as a LOV10nant ill ,I'
• inti:v idual inctu. , shall 5e providud it) measure all %-,atpr YLp;)IIN! veying "acl. lot to the our,-haser and s-;th covenant ::hall f
r
od ,ideal
--',�:7V;CV from this SYSI(Mi. Nlaslff I it e F er m i I te,� to pr(iv i(I e a c o-i nu c I i ci it to th i, wa I t:r S>St e rzi wh i
-is -quirod by vaLli purcha,ei. %Un,;
:11-1:1 1,L' itlSta it.t! in --nar(r.: of supply to me, Ure all %%,i[L!r it
lu lill,
-2. Provisiow. shall he made to provide an advirluale
it. these resident:; v�huse veli syslvms lire
x1l... ii,ii-im,mi pret,,orc- oi 20 pounds per squafe inch :;Ilall be filillol'blL'i
the JVVQlU0L Cu: pt-T,
X iendered nun-productive by the U.1e of Well!; -d
In ill ti:,wt.. An auxiliiry.sciurLt� Of power shall be lee.
l.i,ci 1(, a�.sure cwilkiw.-d )i.eration oi die water -;upply during Ilt-riods
..j t-1,i lric,il I?o%-.vr iailtlre. F-1 '13 Provisions shall be ;,lad,: to mmmnze vrc ion during Inn: LUII N,
tion of the project and to prf:v(?ii, incr-2a..ed sL-di:.iV:il,iIion it; xiy
I j; ,Harm s:vili h a:1 1)t! i3i"OVidt'd Vith JUlOMaIiC signaling body on or adjacent to the prujL:ct.
ItI.- %%!lit.h wi!; 11 t--it 1:rinlary �cpurcU LllUipMent nla'fUnLtiolls. 24. WatL-r exec; for milli.., if di:chary(-d to l,eU
-/ the
terilar-: ;vs*Itnil shall "!Q Ful0inillud to and approved b
tiblic Survice Cutimlihsion p7i(w ;o the %-.ater supply system in oust have a chlorine residial not excuedingO.05rig/I a'point u!if-c h.1.
rVice. xx
Xx18. 1,:oihing contained ht-vin shall be held to authorize the p�-!rmittee EC25. Upon cr;nipioti:m of the,on,tft.lCtion autnor,,,ed by this Permit. and-it(.t
niencomeni of the tokilli;-,t tlpp!:vs of:,.iivr f,nni r1w soured-.) ()awhi.h.7ed all
l. (11.,irlijulk, Water in ml other di-,trict or s(!rv:%:e area which has :lot
.i,ruad� apl.ru%od by I!!(- Department or it_ predecessors Without hay- Isfuli;t.icilities tn(!;c.j:(-,f in me. IN U111W:(?�,dry to the future ollvrantw i,!
syslem h.ill I)v perri.mon0v disr-orint-cled;Iiproirur),the pipng plugitud,and am.%-.
ii.i; ruc e,.cd i further pv.1;nil trust I lie Denartment. so disconnect(xf(oi;pe,l anti scaled, all in marillUl .actory to the New Noik I
Derri,,rolivrit ol f looltil.The tal.dines thus abandoned shall not agnn be u�vcl irw i,..,
Since the area to tw scrve:l by the facilities permitted herein lies wain`,zipply purposes wilhow i iur:hcr Pornin(rum the Deparlineni of Envim,W:.-
the M0 year flood plain and ar agreed
he since The pt.-rmittee has agr d to Cor.wo.atinn.
;.arncipd:e in the Federal Flood l;isurance Program, all construction
irvialed to ;!it-.; permil and all new construction in the area to be served
runilik- with all construction standards v.-hich rn.ay be developed in
implemunling the program.
NOTE: The following additional conditions are applicable to this permit:
26. Approval is hereby given for the maintenance and continued operation of the water supp
system now is existence. Water from this system may only be supplied to existing sharehold
as shown on "Water System Layout," dated April lst, 1985, forming a part of this applicatio
Any future additions or modifications to the system require a further permit from the Depar
ment.
27. The Department of Environmental Conservation reserves the right to reconsider this
approval at any time; and after due notice and hearing, at that time to continue, rescind,
modify this decision in such a manner as may be found to be just and equitable.
cc: Doug Picha, NYSDEC
Paul Pontoro, SCHD
Alternate—R=eg 1-o-nn--a-1 Bldg. 40, SUNY, Room 219
'ADDRESS 11794
Stony Brook, New York
Charles T. Hamilton
N. l: 7585
ll
_- -_ _10-85-0615
y �
UNCE.$ ]JE r.vnulN.w:` i':',L Cti,J: tFV., li(:N 1_A,-
A ICLE 15, HTLC- 17 ;WMF.%
C I,SLJD T.,
Rabbit Lane Association
19 East Mall, Plainview, New York 11803
East Marion, Town of Southold, New York
'1 (1;Ii�rl;l•: oi: PK,. 1!1:.:. Existing water supply facility serving a small cooperative (Homeowners'
Association) of approximately- 30- homes,._located.._along_-_Bay Avenue and-Rabbit...Lane.,. in...East
Marion, New York. Water for this system is obtained from two wells each with a pumping
capacity_.of..26_.gallons.._per minute..
C!)-%•'.lL:NlTY NAG1E (City, Tuwn, Village)-- ------- TOWN — — -
_�--T Southold
East- Marion----..-- ---------- --T-
c+ '1 1 Ct) !!!UNIT'Y ;:U. 1 DAht 1\10. PERMIT ISSUE DATE
Suffolk _— -_ ---- —_1— - -- November 22nd, 1
GENERA! CrNDITIGNS
1. Prior to staring wort; on any construction authorizedherein,dt:tailed •1. The Department reserves the right to reconsider 1!tis pen:!! at
;,:-;Is of thy' str!:C:uses {rr(r 1o_.ed to be built alit specificationsr lof such time and after due notice and hearing at that time to cul:iinui•, rescir
:,hall 11w.e !teen subr;il!ed to:: u a{l;ro:+'d by the Department. Then.:- modify this permit in such a manner as may be found li be just
ai%, t:uch cwlsfrur.l.iun %vc;-k _Iia!i be entirely ro!apleled ;n full accord- t'quitahle.
a1:tU with the p:dnS and sprcihc.,:iir�n-t rrhici: llavv been so iul;nlitled and
S. Grar,ling of this {;omit does not relizve the a;;pliranl (lathe r•sp
of oblainkig an, Olf,ar permrs�ion, consent or ;prroval which
!)^parh::'F:I r,i•serve the r;',hl to rru'ind 11,;s pent);' nr to lac
be required.
A!,.I io V,'1 .1CM11 It I:41V (11'c•m Stl:idbli- ,iid pro ,I- If 11,1! 1':orl s .;:Ilh,)r;led G. As a condition of tile issuance of t11!s perimi, the lippiicani
!:r ,(,NS:n;,ted !xrein are not ;n!!iatUd L•y N/A (Existing accepted expressly, by the execut::)a of the apulicatir,::, the full I
- -----s"tenry 1••spr.lsibility foi all u.!,nji ._. c!irr.•:t or indirect, of .vhatevel tat::nt,
., by whoa;,ever scifered, drtS!11g CUI 01 :he i.rojec; described Lerein -rci
1„wIwr L .,rA ',f tL:' L•nvin•nmenlal Ccnservalio,-, LanN furbids Oi, agree) to indemnify and save haniii,•ss the S!"le !ia:n txi!s, act-
:acra;ion c,f any u, G:esd v,vir s until• as consaucl:d. they have peen damah.es and cost- oi every name a.^.;i de::Cripticn re-::jt,,i:ii, ;rom tale
.lt;pro•ved by the t)eu rh;t=:nt. Such final approval will be given ,,Illy or,
rriljrC:.
..r;Ile:I request. ,.: 1.(-nerzil, such app,ova! %01 rot he •aver. u:tLl all pro-
::a afP.c^.!Iles quality of the water and safety of the works have bean 7. fly acceptance of this permit 'lv: pe.-alit'«e awee:. that !t:e per:,.
+... .;!!!•:d %•rill: :n full. t.0'l:;l1FV1lt u;wn 6tricl CU.1I!'II::nCe '.Viol tile' :,at-Clal cond::1u!1, fo!lol,
am.a:mavr.�w:ae__a,ema®:s�assn.,.n.a. �mm�a:riaxr_.r�.-:r.t..�
NOTE: Only those special conGitiorls fulluwing which have been marled
,k;,apply.
-:'ECIAI_ CON1D!TIJN5
li. All land within--. feet of any well shall be protected x5 i 11. Defure any water from the wells) may be used for any pur{
anti c:oni.olh:d ;n ore-er to prevent pol!Ltiun of the groune or groundwater aiCer prolonged pumping tes-s), the applicant shall have cawcJ a sa.
im direct u,.nl•;:-:::a of I!l: Iznd ur by the ic,iiiisiiion of pro;:active ease-
of fire hater front e ll to be cui!ected and anal;z d, shain have sal::,
v.enls or omer appropriate mea.::tres• the results of Euch dialyses to the De.parimeni and ~hall have
advised by the Department either lbat the water is of a sat!-.factory :
X�{j 9. This area shall further be prat+toted iron pollution by surface Lary quality or that certain specified treatment or purification them,
eriginating outside thereof by tile construction of suitabie diver- necessary. In this last cese s;:ch water shail be used only after ;;:!I
..,on ditches ur c:r,hankmcn!:; and the dvvelupme.n.t of the wcter r.•:u: es pliance wit!: all +able requirements of the Department.
::d!I !le so carried tut that :here shall b'' 10 0D.-0rtunity for :]ol!u:ion _
the sours c•% 12. `,ot!ling contair.ec in this permit end :lppru•r al snail rle,
:tth orize the app!ir:aet to sell ur::iStribile via;.. it:r,; ;h
XX W. !re :.hy•-I( :I ptim!.111:g far,:ir.ies and ,:unl:—.; .., cli. be protectud of supply for any purpose unless -uch water ;hall fir:l 1;,v;e
nst dr:':.ly • or !o,;:pering e::her by a i•ice c ether suitzb!o er,clo,'_re treated aid purified by ;?isin;ectl..n (and filtration) in a mann.•;r sat;:
!!:vir m.lnnet c! cc:'.,ruiln!;I .and lnstall,ttinn. tuly to :he Det'_rialent.
(SEE FLVE(SE SIDE)
HENRY P. SMITH, President _ TELEPHONE
JOHN M. BREDEMEYER, Vice-Pres. C=
PHILLIP J. GOUBEAUD ® (516)765-1892
JR ELLEN M. LARSEN
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
July 25, 1986
Mr. Charles Luscher
Rabbit Lane Association
19 East Mall
Plainview, New York 11803
Re: Bay Avenue, East Marion, New York
Dear Mr. Luscher:
It- has been brought to our attention that there is some debris
in the lake by the bridge on Bay Avenue. Please have this area
cleaned up at the earliest possible date.
If you have any questions regarding this matter, please do
not hesitate to call this office at the telephone number listed
above.
Very tr ly yours,
Henry P. Smith, President
Board of Town Trustees
HPS:ip
cc: Mr. Frank Heroy
Town Board
Victor Lessard, Admin. , Building Dept.
Raymond Jacobs, Superintendent of Highways
Ted Dowd
Garry Tabor
Trustees
file
1�
RESOLUTION - October 30, 1985
RESOLVED that the Southold Town Trustees declare itself lead
agency in regard to the State Environmental Quality Review
Act in the matter of -the application of Mr. Ted Dowd
for a Wetland Permit on certain property located
on 350 Rabbit Lane, East Marion, New York.
77
145 Lakeview Terrace
PO Box 357
East Marion, NY 11939
September 28t 1987
Mr. Ray Jacobs , Superintendent
Town of Southold Highway Department _
Peconic Lane
Peconc, NY 11958
Dear Mr. Jacobs :
Pursuant to the Freedom of Information Act, I request
access to copies of:
1 . the latest engineering report on the Bay Avenue ,,
East Marion bridge.
2. repair records to same for the PRst 30 years.
If there are any fees for searching or copying the
records and these exceed 120, please inform me before filing
the request. If fees are 20 or less, I agree to remit.
If you are unable to file this request within the pre-
scribed time provided by statutee notify me of the reasons
and advise me when I may expect the information.
If you '`dehy this request, please cite the specific
exemption and notify me of the appeals procedure, including
time limitations.:."
If you have any questions, I can be.. reached at 477 1925.
Sincerely,
. jem
Francis A. Heroy
WO
SEp29031
aUv •
4
ljpRR'4I.,`�K.
LWianbLGilbccth q 00
F.A.Heroy K use
145 Lakeview Terrace
P. O. Box 357 ==-,,{. ��/� '—E
East Marion,NY 11939
USA, 40c
« 1
P 686 165 356 1 `,
L .
Mr. Ray Jacobs, Superintendent
Town of Southold highway Department USASc
Peconic Zane
Peconic, NY 11958 f -
REQUEST
1
r
I®NEY B. BOWHE & SON
Sidney B.Bowne,P.E.,L.S.
Roland Anders
(1922-1959) v�t4 / �
Rogrr L Cocchi
Chester C Kelsey, P.E.,L.S. 45 Manor Road Francis J.Lynch
Alexandre W.Mercil,P.E. Philip Schlotzhauer
Robert A. Stan!cn.P.E. Smithtown, N.Y. 11787 Joseph F.Strgman
Robert W.Brown.L.S. 516 724-0611 Paul F.Slovens
Zabdiel A. Blackman,P.E.,L.S. ( ) Will T.Slyne
--- Richard B Wehrr
George A Style,P.E.
Jerry D.Almont,P.E.
George L.Fagan,Jr.,Ph.D.,P.E.
Frank Capobianco,C.E.
Thomas R.Pynchon,L.S.
September 29, 1987
Ray Jacobs, Supt. of Highways
TOWN OF SOUTHOLD
Peconic Lane
Peconic, New York 11958
Re: Bay Avenue Bridge, East Marion, Town of Southold, New York
(SBB No. 87051)
Dear Sir:
As we discussed today, our report of 6/18/87 represents several
alternatives 'for reconstruction of the Bay Avenue Bridge. In addition
to these 2 alternatives several of these alternatives were explored and
were found to be unsatisfactory and only short term type solutions.
The recommendation of Alternate "C-2" is a long term solution to the
problem and most economically founded.
One of the major considerations atfecting this projects costs are
poor soil conditions in the area of the bridge foundations and must be
taken into consideration during all alternative evaluations.
Very truly yours,
SIDNEY B* BOWN & SON /
CONSU /fING1,---E G1NE-EM/
ROBERT W. BROWN, L.S.
RWB:clg
cc: Ray Dean (SBB)
Encl . Letter dated 6/18/87rin
MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER
An Equal Opportunity Employer M/F/H
SIDNEY B. BOfWNE & SON
S,dney B.Bowne.P.E..L.S. �it4uteFird Roland Antlers
(1922-1959) Frank C&Dobianco
Rooer
Chester C Kelsey. P.E..L.S. 45 Manor Road Franc L Coccn
Alexandre W.Mercil,P.E. PhiliFrancis J Lynch
otzhRuer
Robert A.Stanton,P.E. Smithtown, N.Y. 11787 Jose F.Sleammn
Robert W.Brown,L.S. (516) 724-061 1 Joseph F.Spns n
Zabdiel A.Blackman,P.E., L.S. Pau,F.Stevens
Wllham T.Sty ne
Richard B Weber
George A.Style, P.E.
Jerry D.Almont.P.E.
George L.Fagan,Jr., Ph.D.,P.E.
Thomas R.Pynchon.L.S. June 18, 1987
TOWN OF SOUTHOLD
Highway Department
Peconic Lane
Peconic, New York 11958
Attention: Ray Jacobs, Supt. of Highways
Re: Bay Avenue Bridge, East Marion, Town of Southold, New York
(SBB NO. 87051)
Dear Sir:
As requested, we have reviewed the Bay Avenue Bridge and report
our findings as follows:
A. Introduction r
1. In December, 1986, the bridge was inspected, measured and
photographed.
2. Test borings were made and soil samples obtained.
3. Overall maps were .were consulted regarding hydraulic considera-
tions.
4. This report summarizes our -initial findings and recommenda-
tions.
B. Findings
1. The bridge is narrow by today's standards. Roadway of 18'+
would be approximately 24' if constructed today with additional
width to provide for pedestrian access.
MINEOLA • SMITHTOWN NEW YORK C" ' w CLEARWATER
An Equal Opportunity Employer M/F/H
2. The abutments are badly cracked due to settlement and froft
action and their performance is questionable. They appear to
have been repaired several times in the past.
3. Fortunately, the watersheds contributing to each side of the
bridge are about equal so that scour does not pose a signifi-
cant problem.
4. The water main on the side of the bridge needs to be replaced
and supported properly. s
5. The bottom of the bridge deck requires extensive repair and the '
d
bridge railings should be replaced. "
C. Alternatives °
1. One alternative would be to construct a new bridge with improv-
Y
ed geometry. This would involve closing the crossing" to B.
traffic for a period of at least four months and possibly
B
longer. For budgeting purposes this alternative would cost o
about $300,000. The expected life of such a structure, with W
n
reasonable maintenance, should be over 50 years.
e
2. Alternatively, the' existing bridge could. be repaired and
rehabilitated by transfering the abutment road to a new support &
system and restoring the superstructure. This alternate would S
be designed so that it could be used for later replacement of
the bridge deck with one of greater capacity.. Such a solution , "
would cost about $170,000 for budgeting purposes. This alter-
native could keep the bridge in service except when work was
actually in progress. This solution would not improve bridge
geometry at this time but could extend the bridge life by
approximately twenty years and longer if it is 'decided to
replace the bridge deck.
SBB No. 87051 '
2.
C;73 �_
D. Proposal
Based on our discussions, we propose that the best interests
of the Town are served by implementation of Alternative "C2" which
is based on reconstruction of the bridge.
As per your instructions we will prepare preliminary designs
for your review and approval. Upon your approval, we will prepare
contract documents so that the Town may receive bids on this
s
improvement.
d
We look forward to— discussing this matter with you at your n
e
convenience.
Y
Very truly yours, a. '
SIV B.)BOWNE & S
CONSU G ENGINEER e
ROBERT W. BROWN, L.S. n
e
AWM/RWB:clg U
Encl. (Photographs 1 thru 11)
s
o
n
SBB NO. 87051
f
gV.
34,
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P. 0. Box 754 East Marion, L. I. , New York 11939
July 1.2, 1987
Fir. Ray Jac•.)bs
Superintenden , Department of T.ighway s
TU n of 'Southold
Southold, :Neva York
Dear- Sir--
'
_%he Rabb_it Lane Assoc•iail on of East Far3on
reru C-S t"I" 'Your coo-peration i.r_ er! offor t to corx=,3c r, ai:
unsightly aLnd, it rainy weathev,. a Poo-71 drainage con-
dition Ln f.'ront of the homes of Association members
Oil Ba.y verme f ro-m ',he bridge over r%Rr.io,L� eke to
bi t Larie
Garay T a r)o?=, of orient, entre:+-iched tna el ec G�-ia
water and ater Conduits along Bay Z3vGnue foj- Une S1oU:��S
bcin ; execued by Tied Dowd on Rabbit pane$ °i1-aose conduits
were placed on the east side of the road arid, after- em-
plscm-ment, .'he tr. enoh -vas filled with clir•i,. We feat that
the proper procedure would have been to macadami.z,c the
` surgace of the .filled. trench. With appropriate grading,
puddl a gag could be elin�'n.ated or rni n'al;ed du--:J ng rainy
weather.
On the whole, the work of k r. ',Tabor appears to JS have been slipshod all. along Bay. Avenue :which, in addition
to the condition cited above, has caused narrowizirt of :she
l8ke beneath the bridge,
lbank you for your consideration in th is-ratter.
Very truly yours,
ALB • m J Ma' 'E
es3, ant
✓cc do Mr Henry P' Smi•th
Fres:id en is
Lakeview Terrace Road Association
P.O. Box 357 East Marion, NY 11939
September 29, 1986
Dear Town Supervisor Frank Murphy
Councilwoman Jean Cochran
Councilman Raymond W. Edwards
Councilman George Penny IV, Jr.
Councilman Paul Stoutenberg
Town Clerk Judith Terry
Admin. Exec. of Building Dept. , Victor Lessard
upt. of Highways, Ray Jacobs
Pres . of Town Trustees , Henry P. Smith
Town Attorney, Robert Tasker
Thank you for the opportunity to discuss the Bay Avenue-
Rabbit Lane project and problems on Tuesday, September 23rd.
The Association members accept our mutual agreements :
1. The silt shall be removed from under and near the bridge.
2. The drainage slope on the east side of Bay Avenue south of
Lakeview Terrace and to the bridge shall be corrected.
3. The trenched area on the east side of Bay Avenue shall be
sodded to deter further siltation of the lake and to restore
the area to its original condition.
4. The weight limit of the bridge shall be posted at 8 tons
and shall be enforced.
Mr. Jacobs and I made an on-site tour on Friday morning,
September 26th. Of paramount concern is the severe damage to
the southwest underpinning of the bridge.
The consensus among the membership is that the points
agreed upon should be carried out in a matter of days, not
weeks or months. Please remember there has been dawdling,
waffling, alibis , and excuses for the past two months .
Your anticipated cooperation is deeply appreciated.
V er truly yours ,
Frank Heroy, Sec ary
cc Councilman James Schondebare
Members of the Ags6ciation
i
i 1
i
BOARD OF TOWN TRUSTEES _
6 TOWN Or SOU HOLD Q 31 J(1
53095 Blain Road Phoue 765-1892
Southold, N. Y. 11971
Date-
.RECEIVED OF / J t .c �. d _
Dollars S � �c�
For
BOARD OF TOWN TRUSTEES
Cash ❑ Check /Y? 0 � ..;:� ;
FORM NO.3 �i��/✓- : ,
7'1-u 5�1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
1
NOTICE OF DISAPPROVAL
�. . . . . ��. . . . . .. 19
Date . . . . . . .
To .!c-j;J . . .�U W l . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . .
. . . . .. .o. . <.<o . . -. ... y�. . . .
PLEASE TAKE NOTICE that your application dated . . . . -C '�/ ` � . .�a., 19 ./�5~
for permit to C�lk1� v ?. . ONc�. t`/7 . . . . . . . . .�. ✓4=�.�i!ccC . . . . . . at
Location of Property . . -1. . . . . . . . . . . . . ��. . . . 4 . . . . . . . . . . . �/ . . . . .
House No. Street Hamlet
County Tax Map No. 1000 Section . . (51 . . . . . . . . Block . . . . . . . . . . Lot 414f�� . . . . . . . .
Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . ....' . . . . . . . . . . .
is returned herewith and disapproved on the following groundsVl''OS.�; ''. . . 4U�;/✓1.� -. .q
�!.% . . . . . . . . P...,. . . .�_ .
c {J. . . ?.` . . . 4 . . . . . . . . . . . .
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. . . . . . . . . . . . . . . . . . . . . . . . .. . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
y
I
. ./: W. . . . . . . . . .
Building Inspector
RV 1/80
To: Pres. Henry P. Smith RE: Wetlands Application
Board of Trustees, Southold Town No. 319
Southold, NY, 11971
From: Ted Dowd pMOM
Box 282 Rabbit Lane II
East Marion, NY, 11939
Phone: 477 2402
Sept 27, 1986
Dear President Smith,
I am writing in reference to my application for which a Public
Hearing was held on August 28, 1986. My intent is to state the
facts as clearly as possible and respond to Mr.. Frank Heroy's
letter of Sept 3, 1986 to the Board.
At :the Public Hearing Mr. Heroy was the only citizen to complain
against the application. No residents from the immediate area
voiced objections. The Chairman of the Conservation Advisory .
Council (CAC) objected on environmental grounds. I pointed out
that the environmental factors and CAC input were considered at
the previous meeting where the Board voted unanimously that the
application had a non-significant environmental impact. The
President of the North Fork Environmental Council (NFEC) objected
to building three homes on the property, and I stated that the
application was for only one home. The NFEC made a lengthy input
to the New York State Dept of Environmental Conservation (DEC)
which was considered before granting a DEC permit.
Mr. Heroy's input at the hearing was that the application shouldn't
be approved until the depth around the Bay Avenue bridge was
deepened to which I replied that the depth one year ago measured 20"".
One week later Mr. Heroy, now representing the .Lakewood Terrace
Road Association, sent his letter to the Board. It should be noted
that conflict between the residents of Lakewood Terrace and Rabbit
Lane has been in existence for years. The center of conflict has
been obstructions to the view of Gardiners- Bay,- from Lakewood
Terrace first with lights left on along Rabbit Lane at night that
interfered with the view and later by trees that grew and homes
that were built there..
Paragraphs one through four of Mr. Heroy's letter address silting,
debris and safety at the Bay Avenue bridge. Residents who have
been in the area since the 1920s remember silting to be a problem.
With regard to debris, the contractor has returned to the site
several times to grass, fill and cleanup the area because of heavy
rains. I met with the contractor and Mr. Luscher to insure
satisfaction by the Rabbit Lane Association and personally observed
the contractor up to his shoulders in mud and silt at the bridge
cleaning out debris. Mr. Luscher was satisfied with his. actions.
In reference to safety the Superintendent of Highways had the Bay
Constable check the site and was satisfied with conditions at the
bridge including its safety. The Chief of the East Marion Fire
Dept stated that fire vehicles observe normal weight restrictions
for the bridge but all vehicles cross when required. Since no
residents on the bay side of the bridge use the school system it
would .seem reasonable to not have school buses cross the bridge.
Paragraph five of the letter states that the use of inland wells
for the home in the application was a concern' for the -future
quality of the 13 wells .of the Lakewood Terrace homes. The
Suffolk County Health Dept required the recent improvement in. the
Rabbit Lane water system to alleviate the drain on the acquifer.-:,
at the Rabbit Lane pumping station. Since the pumping station
is adjacent to the Lakewood Terrace homes the new well-field ,
improves conditions for them most of all. In reference to Mr.
Heroy°s claim as to addressing the impact on the area, that was
done after extensive investigation by experts at DEC, several
meetings at higher levels of the Health Dept and by the Board
of Trustees. No other home in the entire are, including Lakewood
Terrace,. has been submitted to such close scrutiny.
Finally., Trustee Larsen cast a negative vote at the August 28,.
1986 hearing stating, ".. . .Only because the house was within 30•
of Gardiners Bay. . . ." The applicat%on was approved at 19' from
Gardiners Bay by the DEC because it was the mean distance from.
the bay of other homes in the area.. The home would have -a 10'
deck which places it 29• from the bay. I would be glad to place
the home 301 from Gardiners Bay with a further restriction that
the deck be no further than 10• in front of the home if this
will satisfy Trustee Larsen.
I realize the demands placed upon the Trustees and .do not wish
to burden them further. If, however, there is anything to be .
done to alleviate problems or clarify my-:statements I would be
glad to meet with the Trustees individually or as a group at
their convenience.
Thank you for your time and patience.
Sincerely,
2
A
Lakeview Terrace Road Association
P.O. Box 357 East Marion, NY 11939
September 03 , 1986
Mr. Raymond Jacobs, Superintendent
Southold Town Highway Department
Peconic Lane
Peconic, NY 11958
Re : Bay Avenue Project
Dear Mr. Jacobs:
At the membership meeting of the Lakeview Terrace Road
Association on August 31, 1986 many topics were included in the
discussions, but of paramount foci were the physical condition
of Bay Avenue, the siltation under the bridge, and the lack of a
bridge weight limit sign. It was resolved that the following
points were to be brought to your attention:
1. The east side of Bay Avenue is an eyesore for a project
which started as long ago as April 17th with relatively
no activity since Saturday, August 2nd.
A. The drainage from Lakeview Terrace south goes onto
the bridge which was not the case heretofore. Silta-
tion of the lake has resulted. The contractor has ac-
knowledged this bywreturning at least twice in July
and August to replace washed away soil. The soil ran
down the east side of the road, onto the bridge, and
into the lake.
The water opening under the bridge has been re-
duced from 12' 62" to 6' 6" . A boat can no longer
navigate under the bridge. The Association expects
the right of passage to be restored.
What the hurricane of 1938 did not do, man did!
B. The entire project gives a slipshod appearance.
C. At least one house ,water connection box and the
large water connection box at the southeast corner of
Rabbit Lane and Bay Avenue project above the surface
of the ROW of Bay Avenue and are a hazard.
D. Debris was left in the lake
E. A trench was cut in the blacktop of the entrance to
Lakeview Terrace. Common courtesy by the contractor
would indicate patching immediately.
1 of 2
F. An inspector for the Board of Underwriters Lab in-
dicated that the yellow marker or ribbon had not
been buried with the electric cable in the trench.
This can lead to a dangerous situation in the future
as part of the run contains a gas line with the
water pipes and electric cable.
When may we expect the contractor to restore the ROW to its
original or better condition, with the proper drainage, to remove
the debris and silt from the lake, and to assure everyone all
codes have been met?
2. The members of the Association are concerned with the
safety of the bridge which was built over 60 years ago to
serve a few cottages. Inasmkch as East Marion Fire Depart-
ment Policy bans the use of the bridge by its vehicles and
your .deparment has advised the Superintendent of Oyster-
- . . _ - - .. ponds School District, Mr. Charles Woznick, not to use the
bridge for school transportation, it is -readily apparent
the bridge is unsafe for large vehicles.
The .State has posted "NO TRUCKS WITH R. PERMITS" on ei-
ther side of the Dam Pond and the Greenport railroad
bridges. What is to prevent one of these rigs coming out
the LIE onto the North Road onto Bay Avenue and across
the- bridge? �d; ¢SJ,
:The Association -�uVes, that the weight limit sign for
the bridge be posted again and the regulation enforced.
An accident on the bridge through failure of same could
cause serious injuries or fatalities and would have a .
catastrophic impact on the lake and wildlife. '
We know that you have conducted personal on-site inspections
and._-apprec-tate it.
. . .:._. Sincerely,
Frank Heroy, Secretary
cc: e Town Trustees
-The Town Supervisor and Town Board
Dr. Martin Garrell, CAC
Mrs. Ruth Oliva, North Fork Environmental Council
Mr. Walter Gaipa, Chief of EMFD
Mr. Charles Woznick, Superintendent of Schools
Mr. Gary Tabor, Contractor
Mr. Ted Dowd
Mr. Dennis Cole, DEC
Mr. Norman Woodcock, President of the Association
2 of 2
Lakeview Terrace Road Association
P.O. Box 357 East Marion, IVY 11939
September 03, 1986
Board of Town Trustees
Town of Southold
Town Hall
Southold, NY 11971
Re : Bay Avenue Project, East Marion
Ted Dowd Application
Dear President Henry P. Smith
Trustee John M. Bredemeyer
Trustee Philip Goubeaud
Trustee Albert Krupski , Jr.
Trustee Ellen M. Larsen :
At the Annual Meeting of the Lakeview Terrace Road Associa-
tion on Sunday, August 31st, it was resolved that the following
points be brought to the attention of the Board of Town Trustees
in addition to the remarks made on behalf of the Association at
your August 28th meeting:
1. The piers on the Bay Avenue bridge are approximately 15' 77"
apart. For decades until May - June 1986, open water under the
bridge has remained at approximately 12' 61" . The passageway
at this date measures 6' 6" with a slope from 0 to a depth of
23 " . That is a loss of 6' 111 in width in 4 months or so. The
Hurricane of 1938 did not wreak devastation of that type. Man did !
2. The residents wish to have their right of passage and access
from the east lake to the west restored.
3. Inasmuch as the President of the Trustees wrote to Mr. Luscher
on July 25th, five weeks ago, relative to debris by the bridge
in the lake, what has been done?
4. Inasmuch as East Marion Fire Department Policy bans the use of
the bridge by its vehicles and the Highway Department has advised
Oysterponds School Superintendent Charles Woznick not to use the
bridge for school bus transportation, the message is loud and
clear that the bridge is unsafe for large vehicles. Our Associa-
tion recommends that the weight limit of the bridge be posted
again and that the regulation be enforced. An accident on the bridge
through failure, of same could cause serious personal injury or death
and could have a disasterbus impact on the lake and wildlife.
1 of 2
5. As the proposed application of Ted Dowd is of no positive
benefit to improve the environment of Rabbit Lane, Marion' Lake,
or the Bay, the Association recommends that the application be
denied. As the site has no potable water thereon, it must be
pumped inland of the 13 wells of the Association members which
is a � concern for the future quality of our water. That topic
should be addressed now and not later. The building site would
be a ::source of phosphates, nitrates, and pesticides for the Bay.
and/or the Lake. It would have a deleterious impact on the area.
How much is enough?
I have been selected by the Association to conduct any
on-site tours if you wish.
Thank you for your anticipated close scrutiny of the situ-
ation.
;S cere
ely.
ra� , S retary
cc: Mr. Raymond Jacobs , Supt. of Highways
Town Board
Mr. Gary Tabor, Contractor
Mr. Ted Dowd
Dr. Martin Garrell, CAC
Mrs. Ruth Oliva, NF Environmental Council
Mr. Walter Gaipa,, Chief of EMFD
Mr, Charles Woznick, Supt. of Oysterponds School District
Mr. Norman Woodcock, President- Road Association
i
2Of2
I�
1
To: Don Dzenkowski
From: Trustee Office
Re: Bay Avenue, East 'Marion
Date: August 21, 1986
There has been a report that there is erosion occuring under the bridge on
Bay Avenue, East Marion, due to the trench dug while installing the water
lines for that area. Please make an inspection and report your findings on
this matter.
Thank you.
Ilene Pfifferling
Discussion on the red Dowd Application - July 31, iy66
The Clerk was requested to read into the record the comments from the
Conservation Advisory Council. (as requested by Trustee Larsen)
Clerk: Wetland Application No. 319 for Ted Dowd. The Council fees a
full EIS is necessary. Significant Type I Action. It should be discussed
publicly and allow input from interested parties at the hearing.
Trustee Larsen: I would like to open the discussion at this time for the Board.
Trustee Smith: Well we all went down there and looked at Mr. Dowds property
and we agreed that we would have no jurisdiction where he was building his
houses. The only jurisdiction we would have now,is where he is clearing the
lot. I didn't think that anyone had any problem with the project.
Trustee Bredemeyer: The C.A.C. although voiced their sentiments on this project
they did not give any specific reasons more, and of course there is more public
input at the Public Hearing stage.
Trustee Krupski: If we don't have jurisdiction there why are we moving this?
Trustee Bredemeyer: On the clearing. There is another resolution on the
agenda for the clearing.
Trustee Krupski: Oh! For the clearing.
Trustee Bredemeyer: I would move this application having a negative. . . .
Trustee Larsen: I believe I have the floor John
Trustee Bredemeyer: Oh! Be my guest. I thought that we had opened this up
for discussion; Be my guest!
Trustee Larsen: I make a motion that the proposed application is listed as a
non-significant impact, however, I think it is. a Type I Action.
Clerk is there a second to that motion?
Trustee Bredemeyer: Will the Clerk read back that motion?
Clerk: Moved by Trustee Larsen the proposed application is a non-significant
impact, but a Type I Action.
Trustee Larsen: A Type I Action in that could possibly have a mitigating
effect on the environment, more then a catwalk, ramp and float. Under S.E.Q.R.A.
houses fall under a Type 1 Action.
Trustee Smith: Mr. Dowd the application you have for the beach house, from the
HWM are you sure that this is 50' back from the Deck or from'the house itself?
Mr. Dowd: The deck is the furthest.
Trustee Smith: How wide is the deck?
Mr. Dowd: It's a 10' deck.
Ted Dowd - Page 2 from the meeting of July 31, 1986
Trustee Smith: Thank you. This is in line with the others.
Trustee Bredemeyer: Ellen I'm a little confused. When you say this is
a Type 1 Action but you say it is not significant? Are you saying it is
not significnat but that we will want some type of a draft statement anyway?
Trustee Larsen: No. I'm not saying that. What I'm saying is that addressing
Mr. Dowds application and the course of events to reach this point that he has
addressed all of the other environmental agencies involved and has reached a
conclusion to obtain these permits. And has mitigated all the possible effects
on the environment, but, a house on the water within 60' is acceptable under
S.E.Q.R.A. to declare a Type 1 Action. If an action is a Type 1 it does not
mean that it is significant, it does'nt require a draft.
Trustee Smith: Our main concern is environmental.
Trustee Bredemeyer: It seems to be one of the last lots there, where houses
seem to be the rule of the day there.
Martin Garrell: C.A.C. : Are you aware of the C.A.C.s agonizing on that
application? The proposal is really lighter then simply the one house. The
overall plan is for two or three. The use of building on the wetlands on
Marion Pond.
Trustee Smith: Where he is building there it is more then 75' and it is not
within our jurisdiction.
Mr. Garrell: There has been such feeling on the part of the people of the area,
and the Suffolk County Soil Conservation Service, our feeling was that we would
like to see the whold proposal flushed out. That it would go through the hearing
process. We would like to see what an Environmental Impact, long form
environmental impact statement would look like. We felt that the project
deserved a full scale look. With that reason we hoped that by being declared
a Type 1 Action the parties that were involved would submit a more detailed
plan that we could look at in length.
Trustee Larsen: I truly simpathize with your comments, Dr. Garrell, which was
the reason I asked the secretary to read your comments. I myself do not have
that information, nor background to provide an assessment. I simpathize
with you that the bayfront area is an environmentall sensitive area. Not only
that, we are buffering on Lake Marion. I would be willing to have further
indept study of an environmental impact study on the area to be done. Certainally
before any conclusions were drawn before the facts are in. Only to ascertain
that the Board as a whole is doing its best job to protect the environment.
We all realize that it is a very long process. At this point I will withdraw
my motion, thank you for your time, and move this, although I do feel that this
is a Type 1 action. In hopes that the Board will realize that the ultimate
hardship it does place on the applicant, but in toto the effects long term, on
this area, that we all live. That all of the information is submitted and properly
assessed so that we can make a thorough judgment before passing a resolution one
way or the other. So I will put on the floor that this does have a possible
environmental impact, and that a draft impact should be done.
Ted Dowd - Page 3 from the meeting of July 31, 1986.
Trustee Smith: I would like to mention that as far as the water supply
it is off site. It has nothing to do with the area with the houses.
Trustee Krupski: That's what I wondered, what they want addressed?
I was just wondering, obviously these houses will have an impact on the
environment. I would like to see something more specific that you want to
know more about. I've seen Draft Impact Statements that say nothing, and they
don't address the problems.
Mr. Dowd: I'm a little taken back. I have talked with Dr. Garrell several
times and I did come up here. I had a difficult situation. I met with one
gentlemen, I prepared hand outs for them to explain the project to them.
Mr. Condit seemed totally satisfied after the meeting in June. Sometime in
July I called Mr. Condit to make sure that there was still no problem. By then
I called Mrs. Cooper and I said if there is a problem, please call me, I will come
back to the state. I have met with the D.E.C. freshwater representative and
later a Saltwater representative and went over the project. Later I spoke to
the Health Dept. I am a little shocked right now to hear these recommendations.
It leaves me in a quandary. I went through the N.Y.S. D.E.C. three times,
and the'head of the drinking water section of the Health Dept. and the waste
disposal people and I thought a person from the C.A.C. who had no problem.
Now I hear this?
Dr. Garrell: Maybe I should be the one who is taken back by this. It is one-
thing to be the Chairman, but the interim chairman never speaks for the entire
council. I think I told Mr. Dowd over the telephone in a number of calls that
came in at different times that it is likely that for a project of such magnitude
that he would indeed have to go through a hearing process which might infact
involve an environmental impact statement. I did not say anything about approval
or disapproval. I'm not saying that here now. The whole thing we felt as a
Council was that a project deserves better then a summary judgment. The number of
houses plus the anticipated effects on Marion Pond, indeed is worth looking at
in a long statement.
Trustee Bredemeyer: I would like to comment on that? I think in a certain
sense to say that whatever course the Board would take, would be a summary action
would be understating the role of the Board. Already the role that the C.A.C.
has taken and the role of the applicant. I think we all agonize through these
things and I think we look at alot of these imputs very directly and we have a
very capable Board, as well as the C.A.C. and I don't think we should start to
discredit the work amongst ourselves, or even amongst some of the applicants
that go through alot of work. I happen to hold with those that don't see much
of an impact here, over and above the construction of three of four houses in
the larger upland area would be. That's after I agonized over it and looked at
it very hard. That's essentially my feelings.
Trustee Larsen: It is the lake that I am concerned with. Meeting with someone
on the site, and talking with someone on the site, and shaking hands with
someone on the site if far different then having figures and facts in front of
you to make a decision on. That's my feeling on this. I will let someone make
a motion. My second motion was that I feel that A D.E.I.S is needed.
Clerk is there a second: No comment.
Ted Dowd - Page 4 from the meeting of July 31, 1986
Trustee Smith: Will someone make a motion on this application?
Trustee Bredemeyer: I move that the application of Ted Dowd for property
located at 350 Rabbit Lane is a Non-Significant Declaration.
Trustee Goubeaud: I'll second that.
Clerk: All Approved, Trustee Krupski, Aye, Trustee Larsen, Aye, Trustee Smith,
Aye, Trustee Bredemeyer, Aye, Trustee Goubeaud, Aye.
All Approved
This resolution was declared duly adopted.
R
FIELD REPORT — POLICE DEPT., TOWN OF SOUTHOLD,N.Y.
jCentral Complaint No. Hamlet of Occ. Sector
Incident Or Crime a Grid No.
Day of Occurrence Date of Occ. Time of Occ. Date of Report
Thu
Ill Name Complaina/ntt Victim D.O.B. ❑ M
-ErF
'1 �ddress Phone
,I Place of Oc urrence
Time Out ' Time In ound Tour P.P.Ztionally
Id By Arrest
O Yes No �— Cleared
w A 5 c e £ae-(vt r,a �j �3 sir' AS
k o u .9 z: ed�` S r de— 'r'k 7 5-s
I
bu-Pfr-;e— Zoa>o:5.
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9"2fZ�a� 1
ylc�Is
PDTS 2 —Continuation Report Attached? ❑ Yes
B1015iRting Officer Shield No. Supervisor
Form PDTS 9
i .
TO: Don Dzenkowski or Kent McCarthy
FROM: Trustee Office
RE: Determination on the need of a Wetland Permit - Ted Dowd
DATE: August 5, 1986
Please make an on site inspection for a determination on the need of
a wetland permit as requested by Mr. Ted Dowd for the construction
of two homes (Lots No. 036-17-20 and Lot. 036-17-10) Please report
your written findings and determination regarding this matter.
Thank you.
Ilene PfifferMng
g
Clerk to Trustees
ffliv��
TO: Board of Trustees '
Town of Southold
.Southold, NY 11971
FROM: Ted Dowd
Box 282 Rabbit Lane
East Marion, NY 11939
Phone - 477 24O-2.
August 1, 1986
The Southold Town Building Dep't (Mr Hindermann) has requested
that I have the Board of Trustees check that the houses I
intend to build on Lots 036-17-10 and 036-17-20 will be more
than 75' from wetlands (Lake Marion) . Attached is the survey
of the property along with house dimensions and minimum
distances to Lake Marion. The house footprints have been
staked on the property.
I believe the Bay Constable was present at the July 31, 1986
meeting of the Trustees when the property was discussed
under agenda items 9 and 49. During the discussions the
point was made that the Trustees had. visited the site and
had no problem with building the houses as long as they
were more than. 75' from Lake Marion.
Since I ' live next to the'.two .lots in question, I would be
glad to meet the Constable on the property to answer-.any -
questions he might have.
Sincerely,
r
s
1
I
i
4
I
00
r - i
t -
036-17-20 036-17-10 - -----
T.H.
f45
G� I .
A b A
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i I
RODERICK VAN TUYL, P.C. I
LICENSED LAND SURVEYORS
TO: Board of Trustees "
Town of Southold
.Southold, NY 11971
FROM: Ted Dowd
Box 282 Rabbit Lane
East Marion, NY 11939
Phone - 477 2402
August 1, 1986
The Southold Town Building Dep't (Mr Hindermann) has requested
that I have the Board of Trustees check that the houses I
intend to build on Lots 036-17-10 and' 036-17-20 will be more
than 75' from wetlands (Lake Marion) . Attached is the survey
of the property along with house dimensions and minimum
distances to Lake Marion. The house footprints. have been
staked on the property.
I believe the Bay Constable was present at the July 31, 1986
meeting. of the Trustees when the property was discussed
under agenda items 9 and 49. During the discussions the
point was made that the Trustees had visited the site and
had no .problem with building the houses as long as they
were more than.. 75' from Lake Marion.
Since I:..live-nekt ate the:.two'::1ots in question, I would be
glad to meet the Constable on the property to answerl- any.,-
questions he might have.
`c
TO: Board of Trustees
Town of Southold
Southold, NY 11971
FROM: Ted Dowd
Box 282 Rabbit Lane
East Marion, NY 11939
July 24, 1986
Dear Board Members,
Request a waiver of the Town Wetlands Ordinance to clear
out underbrush from the property associated with Wetlands
Application No. 319.
S ince-re-1-,
� � ��
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:W YORK STATE DEPARTMENT OF ENVIRONMENTAL ERVATION
NUMBER EFfi � VE AT /'•,ii
.,-85-0615 Novemher..,22nd.,_.,1985
CILITY/PROGRAM NUMBER(s) PERMIT EXPIRATION DATE(s)
Region One Under the Environmental Conservation Law
December 31st, 1986
❑Article 15, Title 5: ❑Article 17, Titles 7, 8: SPDES ❑Article 27, Title 7:
Protection of Water ❑Article 19: Solid Waste Management
❑Article 15, Title 15: Air Pollution Control ❑Article 27, Title 9:
Water Supply ❑Article 23, Title 27: Hazardous
❑Article 15, Title 15: Mined Land Waste Management
Water Transport Reclamation ❑Article 34:
❑Article 15, Title 15: 3&Article 24: Coastal
Long Island Wells Freshwater Wetlands Erosion Management
❑Article 15, Title 27: ❑Article 25: ❑Article 36:
Wild, Scenic Tidal Wetlands Floodplain Management
and Recreational Rivers []Articles 1, 3, 37; 6NYCRR 380:
116NYCRR 608: N—New, R—Renewal, M—Modification Radiation Control
Water Quality Certification C—Construction, O—Operation, (If Applicable)
t PERMIT ISSUED TO
Rabbit Lane Association
ADDRESS OF PERMITTEE
19 East Mall, Plainview, New York 11803
AGENT FOR PERMITTEEICONTACT PERSON TELEPHONE NUMBER
Charles Luscher 1(516) 643-5800
NAME AND ADDRESSOF FACILITY(If different from Permittee)
N/A
LOCATION OF PROJECT COUNTY TOWN/CITY/VILLAGE UTM COORDINATES
Marion Lake Suffolk Southold
DESCRIPTION OF PROJECT/FACILITY Re-install 2" diameter water service to be underground and under
the bottom of the lake, as per the plans submitted.
GENERAL CONDITIONS
By acceptance of this permit,the permittee agrees that the permit is contingent upon strict compliance
with the ECL, all applicable regulations and the conditions specified herein or attached hereto.
1. The permittee shall file in the office of the appropriate regional permit administrator,or other office designated in the special conditions,a notice of intention to commence
work at least 48 hours in advance of the time of commencement and shall also notify himther promptly in writing of the completion of the work.
2. The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if
the public interest so requires.
3. The permittee has accepted expressly,by the execution of the application,the full legal responsibility for all damages,direct or indirect,of whatever nature,and by whomever
suffered,arising out of the project described herein and has agreed to indemnify and save harmless the State from suits,actions,damages and costs of every name and descrip-
tion resulting from the said project.
4. The Department reserves the right to modify, suspend or revoke this permit at any time after due notice, and, if requested, hold a hearing when:
a) the scope of the project is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are found; or
b) the permit was obtained by misrepresentation or failure to disclose relevent facts;or
c) newly discovered information or significant physical changes are discovered since the permit was issued.
5. The permittee is responsible for keeping the permit active by submitting a renewal application,including any forms,fees or supplemental information which may be required
by the Department, no later than 30 days(180 days for SPDES or Solid or Hazarduous Waste Management permits)prior to the expiration date.
6. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the
permitted work.or as authorizing the impairment of any rights, title or interest in real or personal property held or vested in a person not a party to the permit.
7. The permittee is responsible for obtaining any other permits, approvals, lands,easements and rights-of way which may be required for this project.
8. Issuance of this permit by the Department does not,unless expressly provided for,modify,supersede or rescind an order on consent or determination by the Commissioner
issued heretofore by the Department or any of the terms,conditions,or requirements contained in such order or determination.
9 Any modification of this permit granted by the Department must be in writing and attached hereto.
PERMIT ISSUANCE DATE PERMIT ADMINISTRATOR ADDRESS Bldg. 40, SUNY, Room 219
November 22nd, 19851, Charles T. Hamilton Stony Brook New York 11794
AUTHORIZE�SI�jNATU�E (5)
X AKA ., ,-� Page 1 of
1 9y
,cAL CONDITIONS F&- "RTICLES 15 (Title 5), 24, 25, 34 and 36
work herein e.r itted
' he wo P ._
in the prosecution of
cure operations by the State of New York require an al 14 Any material dredged
n in the position of the structure or work herein authorized, or shall be removed evenly,without leaving large refuse piles,ridges across
n the opinion of the Department of Environmental Conservation the bed of a waterway or floodplain or deep holes that may have a
,t shall cause unreasonable obstruction to the free navigation of said tendency to cause damage to navigable channels or to the banks of.
waters or flood flows or endanger the health, safety or welfare of a waterway.
the people of the State, or cause loss or destruction of the natural 15. If any material is to be deposited or dumped under this permit,either
resources of the State,the owner may be ordered by the Department to in the waterway or on shore above high-water mark,it shall be deposited
remove or alter the structural work, obstructions,or hazards caused or dumped at the locality shown on the drawing hereto attached,and,
thereby without expense to the State, and if, upon the expiration or if so prescribed thereon, within or behind a good and substantial
revocation of this permit, the structure, fill, excavation, or other bulkhead or bulkheads, such as will prevent escape of the material
modification of the watercourse hereby authorized shall not be com- into the waterway.
pleted, the owners, shall, without expense to the State, and to such 16. There shall be no unreasonable interference with navigation by the work
extent and in such time and manner as the Department of Environmental herein authorized.
Conservation may require,remove all or any portion of the uncompleted 17. If granted under Articles 24 or 25, and if upon the expiration or re-
structure or fill and restore to its former condition the navigablevocation of this permit,modification of the wetland hereby authorized
and flood capacity of the watercourse.No claim shall be made against has not been completed, the applicant shall, without expense to the
the State of New York on account of any such removal or alteration. State, and to such extent and in such time and manner as the
11. That the State of New York shall in no case be liable for any damage Department of Environmental Conservation may require,remove all or
or injury to the structure or work herein authorized which may be caused any portion of the uncompleted structure or fill and restore the site
by or result from future operations undertaken by the State for the to its former condition. No claim shall be made against the State of
conservation or improvement of navigation,or for other purposes,and New York on account of any such removal or alteration.
no claim or right to compensation shall accrue from any such damage. 18 If granted under Article 36, this permit does not signify in any way
r 12. That if the display of lights and signals on any work hereby authorized that the project will be free from flooding.
is not otherwise provided for by law, such lights and signals as may 19 All activities authorized by this permit must be in strict conformance
be prescribed by the United States Coast Guard shall be installed and with the approved plans submitted by the applicant or his agent as part
maintained. of the permit application.
13. All necessary precautions shall be taken to preclude contamination Such approved plans were prepared by
of any wetland or waterway by suspended solids, sediments, fuels,
solvents, lubricants,epoxy coatings,paints,concrete,leachate or any on
other environmentally deleterious materials associated with the
project.
SPECIAL CONDITIONS
Supplementary Special Conditions . . . (A) through (J) , attached;
Additional General Conditions . . .
20) All sections of old iron pipe shall be removed and disposed of at an acceptable
upland site.
21) All disturbed areas shall be immediately seeded with wild millet.
22) The re-ilzstallation of the pipe under the bottom of the lake shall cause as
i little disturbance to the bottom as possible.
I
i
i
I
cc: Louise Harrison, F&W
DEC PERMIT NUMBER
10-85-0615
PROGRAWFACILITY NUMBER Page 2 of 5.
Region One
7585
-_10-85-0615
lit
UNIPER 1:tL F:`.VIRONML":::',. CGA" t?V.' :;(,N LA"
AP ICLE 15, ifTLF 1.) 1,VATF i
Rabbit Lane Association
19 East Mall, Plainview, New York 11803
I()t l( g. [.); ..!tt,.I, - -------- ---'--•---------•--
East Marion, Town of Southold, New York
Existing water supply facility serving a small cooperative (Homeowners'
Association) .of approximately- 30..homes1-_lo cat ed.-.along--,Bay Avenue and-Rabb .t...Lane_,. in.-.East
Marion, New York. Water for this system is obtained from two wells each with a pumping
capacity._.of-.26__gallons_._T)er minute..
c c)r'!aL:\ITY ^:.Af,1E (City, Town, Village) — ------- T111 om— — — --
Southold
... East Marion---___-_.----- I
i[i: tilt FIA CO3MMUNITY ND.T I DAM NO. PERMIT ISSUE DATE
Suffolk_ --- _--- _--- — i— -_----� November 22nd, 19E
GENERA! CONDITIONS
1. Prior to staring wurl; on any construction auihorizedherein,detailed 1. The Department reserves the right to reconsider t.Il•I- pe, r.^ r.. at a r
{,.ar15 of th!' sL"!ciures I1ru;;osr.d to I)e built ai,J sped f,c,:t ions, for such time and after due notice and hearing at that tinie• to [.o:;tlnue, rescind
. :,hall 11,:re teen Sabi;il!ed to and ap:;ror('d by the Department. Ther::- incdify this permit in such a manner as may be ieund to be just
au(•r t:uch co'lstrt:clion wwk shall be L-mirely rompleled in foil accord- equitable.
aI:re with the p:dnS and spr•lific.ctiells ,yiuci: have beef :;o suhniiUed and
;.,�..•_L, S. Granting of this permit does not tell^ve the a;;plirara L:fthi: r^_pn,
of ubtainiog any othL:r nrrrr[ssiori, consent of sp;;roval which r,',.
be required.
tiro. D parh),'!a re';urvt the r);ht to n'scind t,;:s panto: ,r to tale
, .Alt'vr•I dulti„ It 1:.1v uccm swiahlo aiid pro -r if Il,c works ;all:iorited 6• As a condition of the issuance of this permit, the at)nllcanl h.
it'! to:,sin),;eel !,ervin ire not ini!iateel i)y NIA (Existing accepted expressly, by the execution of the apulicati(,, the full le;,
i-;spn.i ihilit>• ioi all uataa{, (!i;e:t or indirect, of hz lev:=r cature,
-,-. +. hy' who!".:Ver st:lfered, arising out of the Lroiec; described kcrein -nd is
.5. ii'CI,(:" 1_ .�L9 e IhY I:n s until, a ConSL•rva(,o,; t_.lK forbids S the agreed to indemnify and S ve har!111+:ss the Sate fiom nC,[s, act:o❑
cucra:ion of any of ides_ v.yr:-s until, as ccns,cuctsd• they have teen
y damages and costs jai :!yery name and de::criplien rer::,;;ii!;{ iron; the
oppro•.ed by the :)e!:arh)tenl. SuJ; final apprnvai will lie given linty or.
ri!tcii rer,uest. L': general, Such apprnvai %01 rot he :liver un[tl all pro-
:Uir� aftcctin}; qt•eli[y of the water and safety of the work;; have begin 7. By acceptance of t:tis permit the peratitte agree:. Owlt`•te peer. i
r(:, ,lid trill: in full. +:uc•.fngent upon ;;riot ._onwiiance ,.,,h the -,::r•cial coiidi,i+m, f[)Ilu.,i!:
NOTE: Only those special conditions iullow,ng which have been marked
apply.
SPECIAL CONDITI:)NS
ti. Ail land within--. feet of any well shall be protected xx� 11. Before any water from the well(s) may be used for any !)urpos
and controlled in 11rder to prevent pollution of the-ground or groundwater after prolonged pumping testis}, the appiicar,t shall have caus,-J a sa.,lr.
by direct o:vnL•rr}::a of Ih- !and ur by tfte acquisition of protective ease- of the water from each to be cu:lected and anal;zed, shah have subriii:t,
i,rents or other appropriate mea::ire°:. the results of such analyses to the Department and ,hall have b
advised by the Department either that the water is of a sati:-.factory "!r
Xxi 9• This area shall further be prof+_c(ed from pollution by surface Lary quality or that certain specified treatment or uri(icatio!: the
waters originating outside thereof by the construction of suitable divor- necessary. In this last case s::ci; water shall be used only after Lull mu.
s+on ditches or embank!nenis and trie [ -velopment of the water :;:,uices pliance with all :.+lhe requirements of the Department.
hall be so carried .it that there shall be no opportunity for pollution
+•r,terirg the v;au_r sources. El 12. Nothing contained in this permit ,_nd ;ippru;al snarl .;_ het^
authorize the app!irant to su;:piy, seii ur:iistribule t\s;;: :r:r,.i !h,:; _;our
xx !d. 'lilt :ity is al pur,.;ing fac i!ities and cunlro'.:; ::.`l;.li.be protected of supply.for any purpose uniess all _cc!) water shall li:s1 L',!c^ I;;'
,i!.:!inst drisa)! or :ainpering either by a fonce of otl;er suitable encloil_re treated and purified by ilisimeclicn (an(,' filtration) in a mann..r sa'isf
h)• t!:e!r mannL•r ,s! cp:+;,t url,va and installation. tuiy to the De{arlment.
(SEE REVEt:SE SIDE)
-�PrCl L 171U�-
xx 13. the C,(!par!n;,-f:I re,&rves to require We lak;:;!; of fu.,1wr U. 11'. the ever:; any 01 th,
1 W ary pri.-C a!I I w!.; or IN: further i re at me n I o puril ication J the yi.�td of the wells <:Lcu!J fail below
:1111it this -;our(t. Should colld;llurls in. ji:t.,i-e indicate a neilo fur such tee .,hall install an addition,:!.veil
! or IzAe
as may he directed by lr�e Deparlr.11r1;1.1_
t
P I C
t v
r I W e
shall require an additional pernut, tor %vhi�h a
11lis I)efnl!l 1)) the I)(_,par(m,2nI is made <ubj,,cl the r.-.ade.
:w of Iny approval by the (Dulaware) iSusqut,fiar,:ia),Rivef BJ,,
; "',L
"!"fl,N..I;I(it may be lequirud under the wovi:,ions of the (D(-11V,-,nr 21. the water supply .cil �ies shall Histail"d er of a rot.idi rua,_cnably equi 'or 11,
[)J I C ri'l Is
a cot
:1 .11 K I v r B., ,:I po c I. r�� a c 0 iln.!-
SYSieff). This obligatioi: ,nail be included as a covenant i,,'
a I... .
.1r,tj idua I i:;ctu,s sha I I bu :)rovidud to measureeasuru all '.cater FLJ);)lied veyiro: ,act lot to the otirchasc-r anJ s-;(Ii covenant :hall fi,,., k-
r
L
r
11.1:vijual -Qceivin�, .;�:.v;ce from this system. Hasler Ii)eFermiltue to provide a co-inection to the w,lt!,r system V.hi!1l
I.,i p: Dater J('L,U;rVd by VIL11
:11,1;1 he ijl�t,ilhq! )[I all -.0-Jr(V':� Of Supply to Ma!'Gre all
to III(.. sy,;tcill. 22. llrovisioii,; shall he fliatIL to provido au i:durftldle of v...
it those residents whose priv.,t, %,,eli %-.-.:ter systems are, I
XxIb. A nm-inl-;ni %%.;ter pressure oi 20 pounds per square inch shall he I I.
iencered nun-productive b)' the USC of file wells Jevt!lop(,d bs t!lt: pet,,_
at dil timeb. An auxiliary source of power sha'11 he tee.
;:!w.,,k;l it, a-:sure COnliMM'd ii.eration of :he water supply during pLiriods
.,I iric,il power failkirL'. 1- 23. Provisions shall he madtr to mixitiiio vresion during In(: LU111,ijig
lion of the project and to prt,-vell, iticcea:IP(l in
17. '.A; alarni :.)';:Vm !,lld:l 1)fr provided with dUI0MatiC signaling body oil or adjacent to the prujuCt.
rep.,!; .-Jivn 1;riniary �w!rce vq�iipnwnt mz1functions. 24. Water used for oisinfec!ing midi.., if di!charvt-d to a'ea I%Ir-,,1::;
to.' t,!!I, alarm o"Stitnrl shall ',!v submilled to card approved by the L_!
must have a chlorine residial not exceeding0.05 mg/1 V point wd—ch
LJI)li( Service Cuinnnissior, prior io pl.(iing the vafer supply system in
91;25. Upon cr;nip4-I;:)n of the-on,irUctiov authori/ed by this Permit.
XX18. Nothing contained herein shall be field to authorize file p.-!rmittee nierwoment of the taking f upp:ivs of w,iti-r imni It)('SOUTLCk)'0 dU!h1,riZVC1 -11i
It. disirlbUtO WDIC!" to 111( other district or service area which has not . . .
.ilirea(k bt-un apI;ru%vd by III,- Department or its predecessors without hav- lshnglacili:ivs tnd;cxv,f in misapplit'.11ion do unnecessary to the future operantjot,f?,
ii,j; it-ceivt-d a further per;nill from. file Department. system be permanently disconnectedfliprefrori,the pit.Ang pluggi.-cl,and arlv
so disconnected ano bealed,all in manner to the New'rork
Department or Fleapit.*rhe ia(,lines thus ahandonvd shall not again be used tor
Since the area to be served by the facilities permitted herein lies water'ZI)ply purposes witlmta d lur;her Pi,rniit from the Dep.irtnieni of
wilhi it the 100 year flucid plain and since the porinitice has agreed to Corisvrvation.
participate in the Federal Flood Insurance Program, all construction
related to this pernii! and all new construction in the area to be served
mw,t cornpl-,. with all construction standards v,,hich nnay be developed in
implementing the program.
NOTE: The following additional conditions are applicable to this permit:
26. Approval is he'reby given for the maintenance and continued operation of the water suppl}
system now is existence. Water from this system may only be supplied to existing shareholder
as shown on "Water System Layout," dated April 1st, 1985, forming .a part of this application.
Any future additions or modifications to the system require a further permit from the Depart-
ment.
27. The Department of Environmental Conservation reserves the right to reconsider this
approval at any time; and after due notice and hearing, at that time to continue, rescind, of
modify this decision in such a manner as may be found to be just and equitable.
cc: Doug Picha, NYSDEC
Paul Pontoro, SCHD
Alternate Reg 1-o—n—a 1 Bldg. 40, SUNY, Room 219
PER.'-flT ADMlNl_-)TRAr0 ti ADDRESS Stony Brook, New York 11794
Charles T. Hamilton
P v lit P H o v.S�
DETAIL
No ScA CE
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145 Lakeview Terrace
PO Box 357
East Marion, NY 11939
April 29, 1986
Dear Southold Town Supervisor Frank Murphy
Town Councilwoman Jean Cochran
Justice Raymond W. Edwards
Councilman George Penny IV
Councilman James Schondebare
Councilman Paul Stoutenberg
In the absence of any response to my memorandum of
March 01, 1986 and to my letter of April 22, 1986 re :
Quality of Water and the Bay Avenue - Rabbit Lane Project
and the unprecedented nature of the project, I suggest that
the Town Supervisor and Town Board appoint an impartial in-
vestigator of the situation. It is unprecedentednthat it is
extremely rare for one project to involve trenching of 1200'
of Town ROW on Bay Avenue to lay four (4) plastic water sup-
ply pipes with an accompanying three (3) wire cable for each
supply pipe and to cross a freshwater lake . Does one usual-
ly permit trenching before all permits are in order?
When the trenching started on Thursday, April 17th, I
called the Highway Department to ascertain what was going on.
I was told that the Highway Department did not issue trench-
ing permits ; that was a function of the Town Clerk's Office.
A call to the Town Clerk's Office indicated that the permit
did not indicate what was to be trenched and that there was
a bridge intervening between the points of trenching, the
wellsite on the Schimatz property and Rabbit Lane. What was
approved to be trenched? Private water supplies are not
usually located on Town ROW.
Did not anyone say that this unusual and we should look
into it?
On page 3 of 4 of my memorandum of March 1st, I stated
that as of the end of January 1986 there was no DEC permit on
file and that Town wetlands were involved. On page 4 of 4, I
asked if consideration would be given to driving pipe under
under driveways and Lakeview Terrace entrance. The purpose
was to not inconvenience the residents; it would also provide
a sleeve . The project was ramrodded and no sleeves were laid.
I understand that is one of several violations.
In response to my memo, Mr. Lessard, Exec. Adm. of the
Building Dept. , responded to Supervisor Murphy on March 7th
stating that plastic pipe as a source of water supply is not
permitted by law. A copy of Mr. Lessard's memo was routed to
the Highway Department and the Trustees. That was March 7th.
I received a copy through Supervisor Murphy on April 19th.
.1 of 3
i
In the light of that information on March t 7 h, how
could one authorize trenching with plastic pipe on April
7th? How could one authorize trenching knowing that Town
wetlands were involved and there was no Town wetlands per-
mit? Mr. Lessard's memorandum and mine indicated that wet-
lands were involved. Was it foreordained at that point a
Town wetlands permit would be issued?
I can well imagine the hullabaloo and law suits J_f
a contractor trenched for two (2) miles and then was de-
nied a permit to cross wetlands. How come this project
started before a wetlands permit was issued?
There would be no problem at this time if the Rabbit -
Lane Association had granted four (4) more hook-ups to its
water system, but . . . . . . . The Rabbit Lane Association stood
its ground and determined that its water supply system
could serve no more houses. It would be the straw that broke
the camel 's back. I feel that the nitrates and phosphates
from additional houses will break the lake 's back. How much
is too much? Who is going to or is in a position to take
a stand? I do not live on the lake', but I visit it at
least twice a day. The lake used to- bounce back from road
runoff and debris , but no more.
It seems incongruous that -the Dowd - Schimatz property
on the lakeside of Rabbit Lane is filled in wetlands. Several
years ago, fill was dredged from the lake with a crane and a
bucket. It was legal at the time. Fill could have been:
trucked in, but it was easier to rape the lake. Morally, the
residents on the north lakefront thought it was wrong, but. . .
The wellsite on the Schimatz property CO is on property con-
siderably filled in over the past three years, possibly wet-
lands has been involved. Filled in site to filled in site :
How closely has the Dowd - Schimatz property been in-
spected for plants indigenous to wetlands by the DEC, the
Town Trustees or the Building Department? Are there no wet-
land plants within 75' of the almost completed Dowd house?
I say. "almost" as it is apparent it needs to be backfilled.
Who makes the inspections and reports to whom? Verbally or in
writing? Who coordinates the information?
It has been alleged that "yellow markers" are missing
in the trench. Wha inspected the trench before backfilling?
Before backfilling a house basement, the Building Depart - '
ment makes an inspection. What other violations are buried
in the trench?
2 of 3
Why are four (4) plastic water supply pipes needed to
supply four (4) houses with water in a trench on Town ROW,
whereas the Rabbit Lane Association has been using one ( 1)
pipe to supply several homes?
In the light that the Rabbit Lane Association galva-
nized water supply pipe was replaced approximately four
(4) years ago without a DEC permit and with severe dis-
turbance to the wetlands and the lake bottom and the Rabbit
Lane Association members have had no problem with water sup-
ply, I strongly urge that the pipe remain undisturbed.
In my estimation, the Bay Avenue project is ill con-
cieved and there are alternatives other than disturbing
the lake ; that Town, County, and State agencies and departments
have not interacted with one another= and that-no one person
or elected/appointed body has been given the authority to
approve a project of this nature. A person or a department
has the authority to approve part of the project; but there
is no one person or agency to determine if the parts fit
together.
The Suffolk Times article and local gossip are genera-
ting terms associated with the project: "passing the buck" ,
ineptness, incompetence , arrogance, "COA" , assessing blame,
lack of coordination, insensitivity, and crisis management.
If this project has so many faults on land, how can it
even be considered in the water?
In a project of this type and scope, there must be a
public hearing. Its nature will have an impact on the Town.
It may be that the Public Service Commisssion and the
Suffolk County Water Authority should be involved.
Sincerely yours,
-I-t17 r
Frank Heroy
c.c.zMr. Henry P. Smith, Pres. of Town Trustees
Town Trustees
Mr. Paul Ponturo, Suffolk County Health Dept.
Mr. Dennis Cole, DEC
Mrs . Judith Terry, Town Clerk
Mr. Victor Lessard, Building Department
Mr. Ray Jacobs , Highway Dept.
Mr. Mark Middleton, Pres . of Lakeview Terr. Rd. Assoc.
Mr. Tim Gould, Suffolk Times
3of3
MEMO FOR THE FILE:
RE: Work on Bay Avenue, Orient
DATE: April 21, 1986
FROM: Ilene Pfifferling, Clerk to Trustees
Please be advised that Mr. Frank Heroy has been into the
office . today regarding the work being done on Bay Ave. , Orient.
Mr. Gary Tabor is the contractor on the job. He has his permit
to do the work on Bay Ave. , however, the road continues to the
bridge, and they do not have a wetland permit for this work.
Mr. Heroy is quite concerned because the well site. is on the
Schmietz property.
Mr. Heroy .is quite concerned because he has not recieved a
reply from the Trusees regarding this matter.
I have advised Mr. Heroy that Mr. Gary Tabor has come into
this office today, and I gave him a wetland application to
complete and submit. Mr. Heroy wanted to know if this would
require a Public Hearing? I advised him that if Mr. Tabor
submitted the application and it went through the process, yes
a public hearing would be held.
Mr. Heroy thought that there should be some communication on the
work to be done, such as the Highway Dept. and what information is
on the permit for this work. I advised that I was not familiar with
the policy of other Depts. and sugguested that he call those offices.
-7 -7 l�ra�
To: Southold Town Supervisor, Mr. Frank Murphy -
Councilwoman, Mrs . Jean Cochran
Councilman, Mr. George Penny III
Councilman, Mr. James Schondebare
Councilman, Mr. Paul Stoutenberg
From: Frank Heroy, 145 Lakeview Terrace , East Marion, NY 11939
Date : March 01 , 1986
Subjects : Informational Meeting and Concern for Quality Water
This memorandum has been written several times , but never
mailed. After reading the February 6th issue of The Suffolk Times
relative to the "potential catastrophe" of the Greenport water sy-
stem; the February 20 th issue of Newsd,�y - water woes- widespread
nitrate and pesticide pollution problems , including the North Fork;
and the announcement by the New York State Conservationist that its
May - June issue will be devoted exclusively to one subject: WATER,._
I feel so strongly that I can now no longer be silent or wait for
something to happen. Since the time I flew combat until my retire-
ment as a principal, I have believed in and tried to practice an-
ticapatory vigilance . The time has come in East Marion.
On January 29th, I attended the Oysterponds Town Board Meeting
re : the proposed Master Plan. I arrived at the meeting 30 minutes
early so that I could study the map beforehand. Unfortunately, the
map was posted only a few minutes before the start of the meeting.
A poor start for me . During the meeting, concern was expressed
about the unfairness of the proposed five (5) acre zoning in Orient,
east of Tabor Road and south of Route 25. The expressions on your
faces told me that it was here we go again. It was new to me . I
anticipated that a view of the area under discussion would be pro-
jected on 'a screen:- overhead projection, slides , or TV monitor.
there was nothing. Ruth Oliva did volunteer the information that
she thought the .fear of salt water intrusion was the reason. She
also mentioned the fear of salt water intrusion in her area.
A representative of the League of Women Voters expressed con-
o6rfi '•about a proposed article and amendments and the reinsertion
of:-Article 22 relative to the protection of the natural resources ,
including water. I had no idea in the world what she was proposing.
Why couldn't the articles and amendments have been projected on a
screen? Inasmuch as the Board did not _ participate , I left. the
meeting perplexed as to what specific information I gained and what
were the truths , lies , and distortions . Instead of the proposed
Master Plan making things clearer and simpler, I still visualize
layer upon layer of bureaucratic departments and agencies , each
giving its understanding and interpretation of the Master Plan. It
will be one big game in devising plans to circumvent the Master
Plan unless one big foot comes down hard. No!
Expressing my feelings about the meeting is not the primary
purpose of this memo. About 25 years ago , I started writing to the
1 Of 4
State Senator representing the North Fork and to the Town Super-
visor expressing my concern for the maintenance of the quality of
the North Fork drinking water. My family summered out here in our
cottage and we were then living in Hicksville which was. experiencing
difficulties with nitrates in the deep wells . Hicksville, at one
time, was a farming community much like the North Fork. I was look-
ing at the North Fork where fertilizers and pesticides were being
used in farming, as in Hicksville , in a area of shallow wells with
no deep aquifier. There was no solution. Homes started to replace
farms and the maintenance� of lush lawns has continued to contribute
nitrates, phosphates , and pesticides to the shallow aquifier.
I still have concerns , but apparently solutions are to be lost
in the passage of time : - the slow action and even inaction of town,
county, and state governmental departments and agencies , and the
poor communication, understandings, planning, and interaction among
the same. A glance at the Traveler snd the Suffolk Times indicate
to me that you are involved with the Master Plan, the airport, the
wineries , ELI Hospital (not yet) , solid waste management, Lilco,
methane- generation of electricity, the Peconic Civic Center, the
dog pound, and low cost housing along with many other matters . You
have tremendous responsibilities and involvement.: I;.: :-ddn't•:!envy
you, but I do appreciate you. At most meetings ( town, Bd. of Ed. ,
water, etc. ) , I hear the comments from the audience that we don' t
want to be like Nassau. We in the audience should look around and
see how we are contributing to that goal; I see slippage .
As a result of rumors in our particular area in East Marion,
I conceptualize possible relief to the Orient farmers who may be
impacted by the proposed five (5) acre zoning. I don't like the idea
If one considers Bay Avenue to run north and south and Rabbit' Lane ,
east and west, I shall describe the circumstandes . A glance at the
attached map or. sketch will orient you.
A newly constructed , substantial house stands between Rabbit
Lane and the south shore of Marion Lake East. Marion Lake con-
sists of 26 acres ; it is not small. It is rumored three (3) more
houses will be built for speculation. There is no shallow well
source of water in the area as salt water intrusion was noted 40
years ago. The older homes on Rabbit Lane obtain their water through
a seasonal, communal water system from a primp approximately 45 '
northeast of the bridge which connects the two parts of the lake .
The pump is located on or near a "nitrate hot spot" as indicated on
the' Town water map.
The plots on Rabbit Lane probably average 5 ' above sea level .
It is a low lying area. In severe storms , water from the Bay enters
the Lake over some of this property and Bay Avenue itself. Cess-
pools are below the level of the Lake . In my judgment, nitrates
and phosphates from the waste products of the Rabbit Lane homes
are contributing to the deterioration and eutrophication of the
Lake more so than the other homes surrounding the Lake as they are
2 of 4
at an elevation of 20' or so. Do these nitrates and phosphates
enter the aquifier in the general area? Do they remain in the
Lake or do they contaminate the Bay?
For the first time in many years of observation, I have seen
green scum forming, even under the ice, on both sides of the
bridge this early in the year. The bake is fragile.
To the north on the east side of Bay Avenue, approximately
35 ' north of the Scmidt - Schimatz garage , one can see well casing,
newly installed, projecting above the ground. The rumor is that
the new house(s ) and a pump at the casing are to be connected by a
pipe . There is a hitch in that the Town bridge between the casing
and the house (s ) . By land, it would be a run of approximately
1200' south on Bay Avenue from the pump to Rabbit Lane and then
150 ' and more east on Rabbit Lane to the house(s) . A strong rumor
says that the pipi will run down Bay Avenue to the vicinity of
the bridge and then will be trenched across the Lake to the houses ,
a shortcut. (See map. )
I am particularly concerned because of the brazen, roughshod
acts of four (4) years ago when the Rabbit Lane Association re-
placed its aging, underground galvanized piping with plastic:
1 . Did the DEC or the Town approve the laying of pipe , not
trenched , on the lake bottom approximately 25 ' east of the
bridge? The DEC officer did not think so as we stood in
the bulldozed area of the pumphouse into the phragmites
and water. It is wetlands and not a snapping turtle has -
climbed the banks since to lay her eggs .
2. Did the Town approve' of the concrete boxes for house water
connections which protrude above ground level in the Town
right of way on the east side of Bay Avenue and south of
the bridge? If someone trips on the box,' who is liable?
i'
3. Did and does the Town approve the work where a pipe was
trenched across the foot of Bay Avenue , south of Rabbit
Lane - Huckleberry Hill?
4. In the matter of communication, why didn't the State Police
question the DEC or the Town Police question the Town :High-
way about the project as all pass the area on a regular
basis?
In the present, in granting the building permit for the new
house on Rabbit Lane , plot # 1000 - 31 - 17- 9, recorded to Carol
Dowd , did the Building Department ascertain the source of drinking
water and determine all permits were in order?
As the end of January 1986, the DEC did not have an application
on file to permit trenching or the laying of pipe in any part of
Marion Lake . Town wetlands are involved.
_)__of 4
Does one make formal application to the Town Highway Depart-
ment to trench and to lay pipe either on Town road or ROW? Must one
post a performance bond and show proof of liability insurance before
starting a project? Is consideration given to residents along the
ROW by driving pipe under driveways and roads instead of the attitude
of trenching when one wants to do so and then filling in at some
indefinite time in the future in a sloppy manner?
It does seem ludricous that the Town and its departments
would grant someone permission to build a house on a plot with salt
water intrusion, to connect to a water source at a considerable
distance so that nitrate contaminated water may be avoided , to con-
tribute nitrates and phosphates into the lake and aauifier which
many other homes are using, and to pump water from an inland po-
sition which will hasten salt water intrusion into areas south of
the well. Does the scenario include the possibility of all Rabbit
Lane homes joining the system? Will the Town Board condone , foster,
or encourage the practice of establishing a bodge - podge of small
and large, independent water systems hopping over one another always
inland for a source of good water?
If so, why can't the proposed five (5) acre zoning in Orient
be reduced to Two (2 ) with a covenant that the water source be north
of Route 25? If density is related to water supply, I think that
we are saturated in this area.
I look to the Town Board to protect the quality of my drinking
water, whatever it is , and my enjoyment of the wildlife on, in, and
above Marion Lake .
Sincerely,
Francis A. Heroy
Enc. Sketch of a section of East Marion
u. c. Robert Tasker, Esq . - Southold 'town Attorney
Carol Dowd , 201 - 13th St. East, Tierra Verde , Florida 33715
Mr. Charles Hamilton, DEC, Regional Alternate Permit Administrator
Mr. Victor Lessard , Town Building Department
Mr. Ray Jacobs , Supt. of Highway Dept.
✓Mr, Henry P. Smith, Pres . of Town Trustees
Mr. '.-ark Middleton, Pres . of Lakeview Terrace Road Association
4 of '4
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Page 3
OLD BUSINESS:
Jeanne Marriner suggested, at 'some time, someone should
contact an attorney (possibly retired or someone from out of
town) to aid in drawing up changes to the Town Ordinances .
These changes then could be presented to the Town Board for
approval. Some of the issues she feels should be addressed
are lawn sprinkling and its effects with saltwater intrusion,
and changes along those lines .
Martin Garrell stated Councilman Paul Stoutenburgh would
like the CAC to send a letter to the Town Board regarding
the sensitivity of the Sebastian Cove area. Jeanne Marriner
will draft the letter.
NEW BUSINESS :
Jeanne Marriner attended a meeting with the Shelter Island
CAC, Shelter Island Supervisor, .Dave Newton and Ruth Oliva
concernig ground water and waste disposal . This group is
planning a media blitz to educate the public and if the program - _
is successful they may need Southold CAC ' s help in the future.
WETLAND APPLICATIONS
RECOMMENDATIONS
Wetland Application No. 319 of Ted Dowd is still tabled.
A letter was sent to Mr. Dowd requesting his presence at a
future meeting to ;.answer questions concerning his application .
Wetland Application No . 333 of Dr. Vincent Claps remains
tabled until a letter by John Holzapfel is sent and action is
taken b r y.'the applicant .
On a motion made by Martin Garrell, seconded by Ralph Condit it was
RESOLVED to table Wetland Application No. 335 of John J. Newman
to drive pilings to shore up existing garage and second story to
be added. The Council feels it must table this matter pending
approval of the two story garage. It appears two story buildings
go against the deed and covenants. If the garage receives
approval then questions will be asked
re: Cesspool capacity and loading increase
re: Pilings
If the second story of the garage is not approved, then it is
not clear if pilings are necessary. It is not clear that the garage
is not currently safe - simply repair the cracks in the floor.
Rip rap looks sound as is .
Vote of Council: Ayes : Martin Garrell
Ralph Condit
Heather Cusack
John Holzapfel
Abstain: Jeanne Marriner
Motion carried.
United States Soil
r� Department of Conservation 127 East Main Street
Agriculture Service
Riverhead, New York 11901
February 14, 1986
Mr. Stanley A. Pauzer,
District Manager
Suffolk County Soil & Water
Conservation District
127 East Main Street
Riverhead, New York 11901
Dear Stan:
I have reviewed the application and inspected the site owned by Ted Dowd, as re-
quested. There is some confusion on the application as to exactly what the appli-
cant is proposing. On the Town Trustees permit form the applicant is requesting a
permit to build two single family residences on pilings, 30 feet from Orient Harbor,..
(Gardiners Bay). On the Town of Southold Environmental Assessment Form the appli-
cant' s description of the project is to build a single family residence on pilings,
30 feet from Orient Harbor (Gardiners Bay) . The New York State Department of En-
vironmental Conservation Permit describes the project as follows: Construct a
single family dwelling on south side of Rabbit Lane approximately 19 feet landward
of Orient Harbor (Gardiners Bay). Install sanitary system for this lot on appli-
cant's property on the north side of Rabbit Lane, approximately 150 feet landward
of mean high water and 125 feet of Lake Marion. Construct the single family dwell-
ings with decks on the north side of Rabbit Lane approximately 50 feet south of
Marion Lake. Sanitary systems for three northerly lots will be located between
houses and Rabbit Lane approximately 125 feet south of Marion Lake and 150 feet
landward of mean high water. The attached survey shows four lots owned bil the
applicant, thus I- assumed that the D.E.C. permit project description was accurate.
All of my comments are based upon this assumption.
The lot bearing Suffolk County tax map designation 31 - 17 - 9 has a newly constructed
home on it. The septic system had not been installed, the date of my visit Feb-
ruary 6, 1986.
The Soil Survey of Suffolk County identifies the soil on these parcels as being Fill
Land Dredged Material (Fd) . A copy of the soil map and description is included for
your review. An onsite investigation verified this fact. The water table was found
to be at a depth of 3.5 feet below the surface within the area of the proposed
septic systems.
The project is located within the 100-year flood plan boundary as indicated on the
Flood Insurance Rate Map for the Town of Southold. There is the potential of com-
plete flooding of the land area causing the systems to fail and discharge into Lake
Marion and Orient Harbor.
OThe Soil Conservation Service SCS-AS-1
is an agency of the 10-79
Department of Agriculture
Mr. Stanley A. Pauzer - 2 - February 14, 1986
The proposed septic systems may have an impact due to the high water table con-
dition. The sandy nature of the soil material will allow the effluent to move
rapidly into the groundwater and then laterally into either Marion Lake or Orient
Harbor. Table One of the Nonpoint Source Management Handbook developed under the
direction of the Long Island Regional Planning Board identifies the most significant
known contaminants associated with on-site systems and the resulting surface water
problems.
The proposed development area is located within Hydrogeologic Zone IV as identified
in the Long Island Comprehensive Waste Treatment Plan. The zones are land areas
that recharge either deep aquifers or shallow aquifers and/or discharge zones.
Article 6 of the Suffolk County Sanitary Code, Realty Subdivisions and Developments
states that the minimum lot requirement for new homes with septic systems for all
areas outside Hydrogeologic Zones III and VI is 20,000 square feet. In this pro-
ject, the applicant proposes to install two septic systems on lot 10 which is
17,478 square feet in size, and one septic system each on lots 9 and 20 which are
19,430 square feet and 18,656 square feet in size respectively.
If you have any questions or I may be of further assistance, please feel free to
call on me.
Sincerely,
Allan S. Connell,
District Conservationist
Attachments
l� COUNTY OF SUFFOLK '' '=
[ED- D uJ
PETER F.COHALAN
f SUFFOLK COUNTY EXECUTIVE
SOIL AND WATER CONSERVATION DISTRICT STANLEY A. PAUZER
DISTRICT MANAGER
February 14, 1986
Mr. Henry P. Smith, President
Board of Town Trustees
Town of Southold
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
Dear Mr. Smith:
I am forwarding to you a report on the "Ted Dowd Wetland Application No. 319,"
as you requested. This report was prepared by Allan Connell of the U.S.D.A.
Soil Conservation Service and it raises many questions. If you desire any fur-
ther information, please contact me.
Very truly yours,
r,
Stanley A. Pauzer,
District Manager
127 EAST MAIN STREET
RIVERHEAD.NEW YORK 1 1901
(51 6)727-231 5
CC: C,4f_`
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KEY TO MAP
500-Year Flood Boundary
r ZONE B s
100-Year Flood Boundary - _ 3•
Ae
( �ON� l1
Zone Designations*With
Date of Identification
e.g.,12/2/74
100-Year Flood Boundary
500-Year Flood Boundary. t` )
I
I Base Flood Elevation Line 513
With Elevation In Feet**
Base Flood Elevation in Feet (EL 987)
Where Uniform Within Zone**
Elevation Reference Mark RM7X
Zone D Boundary
l I
River`Mile •M1.5
**Referenced to the National Geodetic Vertical Datum of 1929
*EXPLANATION OF ZONE DESIGNATIONS
r
ZONE EXPLANATION #
A Areas of 100-year flood; base flood-.elevations and
4 flood hazard factors not determined.
I AO Areas of 100-year shallow flooding where depths
} are between one (1) and three(3)feet;average depths
of inundation are shown, but no flood hazard factors'
are determined.
AH Areas of 100-year shallow flooding where depths
are between one (1) and. three (3) feet; base flood
elevations are shown, but no flood hazard.factors j
are determined.
Al-A30 Areas of 100-year flood; base flood elevations and
flood hazard factors determined.
A99 Areas of 100-year flood to be protected by flood
protection system under construction; base flood
elevations and flood hazard factors not determined.
B Areas between limits of the 100-year flood and 500-
year flood;or certain areas subject to 100-year flood-
ing with average depths less than one(1)foot or where
the contributing drainage area is less than one square
mile;or areas protected by levees from the base flood.
(Medium shading)
C Areas of minimal flooding.(No shading)
D Areas of undetermined, but possible, flood hazards._
V Areas of .100-year coastal flood with velocity (wave
action);base flood elevations and flood hazard factors
not determined.
VI-V30 Areas of 100-year coastal flood with velocity (wave
action);base flood elevations and flood hazard factors
determined.
NOTES TO USER
Certsin areas not in the special flood hazard areas(zones A and V)
may be protected by flood control structures.
This map is for flood insurance purposes only;it does not neces-
sarily show all areas subject to flooding in the community or
all planimetric features outside special flood hazard areas.
For adjoining map panels, see separately printed Index To Map
Panels.
Coastal base flood elevations shown on this map include the
effects of wave action.
Coastal base flood elevations apply only landward of the shoreline
shown on this map.
FILL LAND DREDGED MATERIAL
Fill land, dredged material (Fd), is made up of areas that have been filled with
material from hydraulic or mechanical dredging operations. These operations are
used mainly to widen or deepen boat channels in salt water; however, some dredged
material has been obtained from new channels cut into tidal marshes. Most of the
dredged material is pumped onto tidal marshes. Smaller amounts are placed on
beaches and dunes and on nearby mineral soils in a few places.
The practice generally is to dike an area by using onsite material. The dredgings
are then pumped into the diked area and allowed to settle. Excess water drains
back into the bay. After the water drains off, heterogeneous deposits of sand,
gravel and sea shells remain. In many places a dark-gray silty mud remains. Pro-
tective dunes have been built with clean sand and gravel dredgings in some places,
and in such places a few naturally formed dunes are included in mapping.
Fill land, dredged material, is not suited to farming. Areas are satisfactory for
building sites where the fill is adequate and if the highly compressible organic
layers in the tidal marshes are removed prior to filling. Areas where the fill is
placed on marshes containing thick organic layers are likely to be unstable and
need onsite investigation before building on them.
Droughtiness, low fertility and high salt content severely limit the establishment
of lawns and other landscape plantings. Cesspools do not function properly where
the ground water is at a shallow depth. Capability unit not assigned; woodland
suitability group not assigned.
TABLE 1 U
Impacts of Pollutants From On-Site Systems Upon Surface Waters and Groundwater
CONSTITUTENT PROBLEM
Groundwater(Drinking Water) Surface Water
1. Nitrate-Nitrogen High concentrations of nitrate have been known to High concentrations of nitrate-
produce a bitter taste.Water containing nitrogen nitrogen may be a problem in
as NO3 in excess of 45 ppm has been reported to marine waters.
cause methemoglobinemia in infants.
2. High Phosphate NONE Eutrophication may result if there is
Concentrations sufficient concentration of
phosphorus in fresh surface waters
from sources such as on-site
systems and fertilizers,
3. Lead,Tin, Iron,Copper, These constituents are toxic in excessive
Zinc, Manganese concentrations
4. Chloride, Sulfate These constituents can present health hazards to
some individuals ranging from laxative effects to
aggravated cardiovascular or renal disease, if con-
centrations exceed recommended limits.
5. Foaming Agent A nonbiological detergent constituent and an in- Causes foaming in surface waters.
dicator of contamination. Appearance and taste of
the water may be unacceptable.
6. Biochemical Oxygen , In extremely localized situations, ex-
Demand cessive BOD in septic fluid
discharged to surface water can
deplete dissolved oxygen supplies
necessary to aquatic life.
7. Chemical Oxygen Same as above
Demand
S.Sodium Impacts freshwater species
9.Synthetic organic chemicals, in- These constituents found principally in cesspool
cluding 1.1.1 tricholoethane, additives are suspected carcinogens.
tetrachloroethylene, tri-
chloroethylene and chloroform
(halogenated hydrocarbons)
10. Bacteria and Viruses associated Some private wells may contain significant Failing systems may contribute to
with the presence of fecal amounts of pathogens high total coliform counts.
coliform Bacteria'and virus may cause
disease in humans. Problems in-
clude gastro-intestinal illnesses and
rashes.
The blank areas in the above table indicate a lack of identification of a problem-constituent interface. Items 3,4, and 9 have not been
identified as having an impact upon surface waters and items 6 and 7 do not affect groundwater.
4
1'4-12-4(3/82) -
�� NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL'CONSERVATION
l
i ` NOTICE OF COMPLETE APPI,CATION
Applicant: "'a�l� O;dD I I r I nr,, 2 a ' 12 1 �..g�}
; A ! ULU 7 3
201Address: 13ti S East
- - -
TU
ierra Verde, _F•icrida 33715 Permits applied for and application number(s)': 1Q-84-135a T, Tidal wetl3nds and
Freshwater.,Wetlands
Project description and location..Town/City-of Southold County of. Su.f_folk.
.
Construct 'a sir_ le .f .
g family dwelling on south side of .Rabbit Lane
approximately .19' landward 'of mean high water .. (Gardiners Bay) .. .In'
tal-I
sanitary system for this,lot on' applicant's property. .on .the north side
of. Rabbit Lane, approximately. 150' landward. of. .mean liigh .water .and
125° south'.of Lake -Marion. Construct three, single family dwellings.
with decks- on north* side of :Rabbit Lane,- approx. 50' south of Marian
Lake. San;Lary systems for three northerly, lots will be located between
houses and Rabbit Lane, approximately 1251.. souti of .Marion Lake'and
1301 landward of. mean. high .hater. Approximately.500 cubic yard3. of
clean fill will. be trucked .in for the sanitary systems and to .be nlac d
within 15` of the base .of ,three houses on the northerly lots . .Project
is located on. the north .and south• sides of Rabbit Lane, Marion Lake d**
SEQR UEURrCi NATION:.(check appropriate box) **Gardiners Bay, East .Marion
❑ SEQR-1 Project is not subject to SEQR.because it is an exempt, excluded or a Type II action.
❑ SEQR-2 Project is a Type I action; it has been determined that the project will not have a significant effect on the
environment. A Negative Declaration has been prepared and is on file..
D6EQR-3 Project is an unlisted action; it has been determined that the project will not have a significant'effect on
the environment.
❑ SEQR-4 A draft environmental impact statement has been prepared on this project and is on file.
❑ SEQR-5 .A final environmental impact statement has been prepared on this project and is on file
SEQR LEAD AGENCY New fork State Dept. of Environmental Conservation
'AVAILABILI FOR. PUBLIC COMMENT: Applications may be reviewed at'the address listed below. Comments on the
project must be submitted to the Contact Person indicated below by no later than 1/1 9S
CONTACT PERSON: Ms. Karen Chytalo (NYS DEC)
Bldg. 4J , SUNY .
Stony Brook, N. Y. 11794 751-7900
TO THE APPLICANT:
1 . THIS IS NOT A PERMIT
2. This is to advise you that your application is complete and a review has commenced.Additional information may be requested from you at a future
date, if deemed necessary, in order to reach a decision on your application.
3. Your project is classified MAJOR.Accordingly,a decision will be made within 90 days of the date of this Notice. If a public hearing is necessary,you
will be notified within 60 days and the hearing will commence within 90 days of the date of this notice. If a hearing is held,the final decision will be
made within 60 days after the hearing is completed.
4. Publication of this Notice in a newspaper is: Ik required ❑ not required
If required, please consult the accompanying transmittal letter for further instructions.
CC: Chief Executive Officer Supervisor of Town
Environmental Notice Bulletin, Room 509, 50 Wolf Road,Albany, N.Y. 12233-0001
File —Trustee3, USFiiv
fi CHiEF EXECUTIVE OFFICFR - -
DEPTH BELOW LOW WATER �1
YARDS TO BE EXCAVATED C�
YARDS TO BE FILLED O
WIDTH OF CANAL , CREEK OR BAY FRONTING PROPERTY 0 UA
DEPTH AT LOW- TIDE io FN W A 7-FR
AVERAGE RISE IN TIDE---
DISTANCE TO THE NEAREST CHANNEL-----Q----FT.
DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN THE . AREA O -----FT.
is THIS FOR PRIVATE OR BUSINESS USE?__pr y y z��-------------------------
AREA ZONING
MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED
----
INTENDED USE
OF PROP ERT Y ---------------------------------
DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED ON THE PREMISE—No2�-------
----------------------------------------------------------------------
AND WHETHER ANY PRIOR LICENSE OR PERMITS HAVE BEEN ISSUED TO ERRECT
STRUCTURES OR TO DREDGE OR DEPOSIT FILL ON SAID PREMISES AND WHETHER
ANY PERMITS OR LICENSES WERE EVER SUSPENDED OR REVOKED BY A GOVERNMENTAL
AGENCY
----------------
DESCRIBE FULLY THE REHABILITATION AND PROPOSED CONDITION OF THE
PREMISES AFTER THE WORK IS COMPLETED INCLUDE AN ADDITIONAL SURVEY OF
THE PROJECT SITE IF NECESSARY--���— a4���_ --------------
------------------------------------------------------------------
------------------------------------------------------------------
WRITTEN CONSENT OF THE OWNER OF THE PROPERTY, IF NOT THE SAME AS THE-
APPLICANT.
----------------- --------
-------------------------------------------------------
TELEPHONE
(516)765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES OF THE TOWN OF
SOUTHOLD, SUFFOLK COUNTY, NEW YORK FOR THE ISSUANCE OF A PERMIT
PURSUANT TO THE LAWS, ORDINANCES AND REGULATIONS GOVERNING THE
COASTAL AND INTERIOR WETLANDS, FLOOD PLAINS AND DRAINAGE AREAS
OF THE TOWN OF SOUTHOLD, AND THE ISSUANCE OF. PERMITS PURSUANT
TO CHAPTER 32 OF THE CODES OF THE TOWN OF SOUTHOLD.
APPL I CAT I ON NO. _3 I ------DATE OF APPLICATION
7G S 2 5'?.v
• IDENTITY OF APPLICANT_--- —�� �I ----_-----PHONE NO
ADDRESS OF APPLICANT ----- 56 ri Tin'o /d �y /�97f
TAX MAP NO.
AGENT / PHONE NO.
PERMIT REQUESTED TO—&i Ld a_y /�-- s. . /�G j/�Ch �e dh i 1,
LOCATION OF PROPERTY FOR WHICH PERMIT WANTED 3 5 D
HOME ADDRESS OF PERMIT APPLICANT IF DIFFERENT FROM AFORESAID LOCATION
CREEK, BAY OR HARBOR FRONTING PROPERTY. Dr-ies, a �a1^
S 1 ZE OF PROPOSED WORK / 3 ?O �
LENGTH
------Z�-1....-------------------------------------------------
WIDTH 3 0
HEIGHT ABOVE 'HIGH WATER 1�
PART II Environmental Assessment (To be completed by Agency)
A. Does action exceed any Type I threshold in 6 NYCRR, Part 617.12? If yes,coordinate the review process and use the FULL/LONG FORM EAF.
❑ Yes ❑ No
B. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR, Part 617.71 If No,a negative declaration may be super by another
involved action.
❑ Yes ❑ No
C. Could action result in ANY adverse effects on,to,or arising from the following:(Answers may be handwritten, if legible)
C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic patterns,solid waste production or disposal,potential for erosion,
drainage or flooding problems?Explain briefly:
C2. Historic,archeological,visual or aesthetic,or other natural or cultural resources;agricultural districts;or community or neighborhood character?Explain briefly:
C3. Vegetation or fauna, movement of fish or wildlife species,significant habitats,or threatened or endangered species? Explain briefly:
C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources? Explain briefly.
d
C5. Growth,subsequent development,or related activities likely to be induced by the proposed action? Explain briefly.
C6. Secondary, cumulative,or other effects not identified in C1-C6? Explain briefly.
C7. A change in use of either quantity or type of energy? Explain briefly.
PART III Determination of Significance (To be completed by Agency)
INSTRUCTIONS:. For each adverse effect identified above, determine whether it is substantial, large, important or otherwise
significant. Each effect should be assessed in connection with its(a)setting(i.e. urban or rural); (b) probability of occurring;
(c)duration;(d)irreversibility;(e)geographic scope; and(f)magnitude. If necessary, add attachments or reference supporting
materials. Ensure that explanations contain Sufficient detail to show that all relevant adverse impacts have been identified
and adequately addressed.
❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then
proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration.
❑ .Check this box if you have determined, based on the information and analysis above and any supporting documentation,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and on
attachments as necessary, the reasons supportng this determination:
Agency Name Agency Preparer's Name
Preparer's Signature,,Title
Date
BOARD OF TOWN TRUSTEES.
TOWN- ..OF- .SOUTHOLD
SHORT ENVIRONMENTAL ASSESSMENT FORM
• Project Information (To be completed by Applicant or Project sponsor)
• 1. Applicantisponsor 2. Project Name /
r_d LVK J/ii le- �"Z ryiil /2;,, to C-E
3. Project location: 1 A�Municipality z County S u �
4. Is proposed action:
EJNew ❑ Expansion ❑ Modification/alteration
• 5. Describe project briefly: f
130-r U r Hry T7s.r, ,ly P` dPivl.e�
6. Precise location(road intersections,prominent landmarks,etc.or provide map) 3 So /7�z��i L 2g e S'gG tG�.2
n '
7. Amount of land affected:
Initially a lia acres Ultimately 12 acres
8. Will proposed action comply with existing zoning or other existing land use restrictions?
CR Yes ❑ No If No,describe briefly
9. What is present land use in vicinity of project?
ICJ Residential ❑ Industrial ❑ Commercial ❑ Agriculture, ❑ Parkland/open space ❑ Other
Describe:
$rn ql� F"z�„ly IReSr d �hc�s
10. Does action involve a permit/approval,or funding,now or ultimately, from any other governmental agency(Federal,state or local)?
® Yes ❑ No If yes, list agency(s)and permit/approvals
Ny 17EC Pe n>>f. Nr Ib-gy -1355
11. Does any aspect of the action have a currently valid permit or approval?
® Yes ❑ No If yes, list agency name and permit/approval type
Y.
12. As result of proposed action will existing permit/approval require modification?
❑ Yes Z No
CERTIFY THAT THE INFORMATION PROVIDED ABOVE 15 TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name: rV D o w C Date:
Signature:
COUNTY OF SUFFOLK )
STATE OF NEW YORK ' ) SS:
BEING DULY SWORN DEPOSES
AND SAYS THAT HE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS.,
AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST
OF HIS KNOWLEDGE AND BELIEF , THAT THE WORK WILL BE DONE IN THE
MANNER' SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY
THE TOWN BOARD OF THE TOWN OF SOUTHOLD. THE APPLICANT AGREES TO
HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND
FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY
VIRTUE OF SAID PERMIT, IF GRANTED. ._•__�_.
S I_GNURE OF APPLICANT'
SWORN TO BEFORE ME THIS (per
DAY OF , 19
LINDA J.COOPER
NOTARY PUBLIC,State of New York
No.4822563,Suffolk County
Terst as March 30, 19
NOTAR PUBLIC
EXAMINED
APPROVED "WETLANDS" PERMIT (CHAPTER 97)
APPROVED "BOAT, DOCKS, WHARVES" PERMIT (CHAPTER 32)
DISAPPROVED "WETLANDS PERMIT"CHAPTER 97)
DISAPPROVED "BOATS, DOCKS, WHARVES" PERMIT (CHAPTER 32)
CONDITIONS, IF ANY
EXAMINING BODY
SIGNATURE OF CHAIRMAN
COMPUTATION OF FEES
Approved 2/27/85
To: Board of Town Trustees
Town Hall a
Southold, NY 11971 �3 0 -7 �
September 23, 1985
From: Ted Dowd
Box 106
Southold, NY 11971
765 2494
Dear Board Members,
Attachment One is the application to construct a single family
waterfront home on Rabbit Lane in East Marion. The home is to
be built on pilings to preserve the natural environment.,-bf the
beach area although the majority of the waterfront homes in the
area have been built using bulkheads and jetties. In addition
there are several other factors you might consider in your
deliberations.
1. The process for obtaining a New York State DEC permit
began in October 1984 and took considerable time due to
survey, inspection and administrative requirements. The
final DEC permit is located at Attachment Two.
2 . A vacant land certificate of occupancy is located at
Attachment Three.
3. The survey at Attachment Four reveals that the proposed
home conforms to those homes located in the area. A new
home is under construction closeby and has received the
necessary approvals to construct.
Sincerer,
6. Approximate percentace of proposed project site with slopes: 0-10% ✓Z; 10-15" :; 15: or
• greater
7. Is project contiguous t or contain a.building or""site listed on the National Register of- Historic
Places? Yes r�No
S. .What is the depth to the water table?
9. Do hunting or fishing opportunities presently exist in the project area? Yes " `No
10. Does project site contain any species of plant or animal life that is identified as threatened or'
:.end3neared - Yes t/ tlo, according to - Identify each species
11. .Are there any unique or u�uai land forms an the project site? (i.e. cliffs, dunes, other geologic
formaticns - Yes No. -(Describe
__......... 12. . Is the project site presently used.by the M=unity or neighborhood
area - Yes No. as an open space or recreation .
. _ .13. .Does the present site offer or include scenic views or.vistas known to be important to.the^eoaunity
Yes i-No =a_
T4. Streams within or contiguous to project area:
• - • . a. Names of stream and name of river to which it is tributary.
15. Lakes, Ponds, 'Wetland areas within or centiguous to project area:
a. Name b. Size (in acres)
16. What_is-t-he-donfaan4a and zoning classification within a 1/4 mile radius of the project (e.g
single family residential, 11-4 and the scale of development (e.g. 2 story).
.. 8. PROJECT DESCRIPTIOfI •. v
•1. Physical dimensions and scale of project (fill in 'dimensions as appropriate) -
a. Total contiguous acreage owned by.project sponsor 1 2 acres.
b. Project acreage developed: o acres initially; n of acres ultimately.
e. Project acreage to remain.undeveloped _ -
d. Length of project, in miles: (if approp-riate)
•--•-• e. If project is an expansion of existing, indicate percent of expansion proposed: building square fc
age developed acreage - w..._.... "
f. Nu-her of off-str_et parking spaces existing proposed , F
g. Naxirm=i.vehicular trips generated per hour ,Ool (upon completion of project) .t
h. If. residential: Nurber and type of housing units:
- One'Family Two Family Multiple Family Condominium
• Initial r�
Ultinate /
Orientation
NeiShhoriood-City-Regional Estimated Employment
Cear.;e rci a l .
Industrial
J• Total .height'of tallest proposed Structur ''''"''•
_ e 3v feet. '.•..�_��r.
TO M OF S OUTHOLD i
ENVIRONMENTAL ASSESSMENT — PART I
PROJECT INFORMATION
s doc:--merit s designed to as-list. in deter=Ining anecer --!%e action propased Tay have a 'argnlriCant
1n the envircnment_ Please car.:olata no ?ntire 3at1 4zhe_C.' nrtSaPrS t0 these ;ue5tions iiil be cnnsiaersf
of ,:
as par: of Vie aooiication for approval and may be suoj___�.-- to ri.irther ve•••i,'icltiort and Public review. Provide
:any adaitiortal information you believe will be needed :a ccirolzte ?ARTS 2 ana 3. �a •:;:`:. ;:': :::<<' .-
i: is _xce::_d teas ccmoletipn oir the EAF will be dependerrc'-3n insarnratiam currently available' and +i11 not
'nvolve new Studies, rasearz or investigation. I. infor•-amort repuir-Tng such aadi:ional Cori: is_unava'.abl:.
--•: ;^ria tndicata and sae=i:y zeta instancz.
+ItA VS IF p40JEC': r r, 9A"E :;IO .4CCR_TS OF ^,'+rNER (Ti' 01-:e.ont) -
s, A001ES3 a710 :IX E OF Apo;TCAMT: 3Creet;
(Staca)-77
l.ial
Q.
by
:44
' ,. ;,.:..: •.,,,--__...:. �", .7�:S= �:.�:-tom..-::,..��'•" :•' '- ";. : . .. '. ;.. , . .. .•O.. .. -<::: - : :. _.
9£ 3►.r?r IF 000;E.- (Briefly describe type of project ar action)
�.
(PLZ;SZ CCiMPLEic EACH �t1E��►Ja - :ndiclt_ a.A. ti< not apolicapla)
;r
�.:: wA. PT;0? ;ait".
_ .
(ih;:siC11 a2C:.�� or ove'nil Project. both develoce- and undevelcoed area ;-i;'•s�s;� z�: i"a'�?ii+% ''
�••... .
" '• i. Garter_1 c:�arac=_r of the land: Generaily'unifar.; 'v slaae 52neraily uneven and rolling ar_irr'sgutat.
'Jr-sent 'and lse: Urban Industriai Co=erc:ai SUDurpan Rurai' �are5t '
- Agriculture Or-ner
J. 7pt11 acreage a. zroject area: •.2cr_s.
Approximate acreage: Presently After Completion Presently Af t_r CcmPleti
,vesdcw or 3rusnland _2L cres .OS _cres Yat=r Sur!aca :.ra D ac-:s O acr
!_-.Zs .,nv_-_ at_d ;^cx, -
• ear:a or fi11; 52 =c:-'!s ,ci_�icr
Aar:cul::rsl O scr®s O ^rea
;cads. '301dir.?s
:'.esl:rc '-r-s,Nat2r or art .--er.'nvea
ric!: SS•:er 3Cr
type) _-•L_:c-es O acr
is ore,=*nant soil •ype(s) on ora;xs .;::=: 5a- , J�
3. a. Are :.`.er> bear-:cz :uc:ro:Pings cn :nja== s:::? des ✓ -io
�. that is tact ; n
_ -_ 3W13 - •- . ._i: ._._..-___ _ " ... 'r+�% • v•y'T.�;i-«..ti��.y��!•SY„!�f_ � .�.ti_
26. Approvals: a. Is any Federal permit required? Yes
b. Does project involve State or Federal funding or financing? Yes �No -
C• Local and Regional approvals:
Approval Required '"`'''' " Submittal Approvz
(Yes, PIo) (Type) (Date) (Date'
City, Town, Village Board ^,n"
City, Town, Village Planning Board ;. J 0
-City, Town, Zoning Board - Jre5 Kir,:a
City, County Health Department �� R-e,4,.t _
Other local agencies ;"r,;s te_e 1
Other regional agencies
State Agencies y esNy Oc=c o s
Federal Agencies Lv�
C. INFO;LwATIGR.IL DETAILS - . '...
Attach any additional information.as irayl_he..needed-tp clarify your project. If there are or may be an3
adverse impacts associated with .th `scus.s such impacts and the measures which can be
taken to mitigate or avoid them \f . '
PREPARER'S SIGNATURE:
TITLE: • , . . ...
REPRESMUNG: _ `
DATc 5l1 ��
,.2. Now much natural mat_riai (i.e. rack, earth, etc.) will be removed from the site - O tans .
- N •� : O cubic
3. Now many acres of vegetation (trees, shrubs, ground covers) will be removed from site - �_aeres.
4. Will any mature forest (over 100 years old) or 'other locally-important vegetation be removed by thi
project,? Yes ✓Na
S. Are there any plans for re-vegetation to replace that removed during construction? V--Yes
g p p of construction 'months, (including demolition)..
6. If single hale project: Anticipated period
,.
~- - 7. I.f multi-phased project: ,a. Total number of phases anticipated No. -
- -•= b. Anticipated date of ment phase ] month -____wear (inc]ud
.. demolition)
e. Approximate completion date final phase month _year.
d. Is phase I financially dependent an subsequent phases? Yes _
S. Will blasting occur during constriction? Yes
9.' Humber of jobs generated: during construction ,��: after project is complete U
10. Number of jobs eliminated by this project f7 -
11. Will project require relocation of any projects or facilities? Yes LNo. 'If yes. explain.
12. a. --Is surface or subsurface liquid waste disposal involved? Yes ✓ No.
b. If yes, indicate type of waste (sayrage, industrial, etc.)
e. If surface disposal name of stream into which effluent will be discharged
13. Will surface area of existing lakes, ponds, screens, bays or other surface waterways`be increased o:
decreased by proposal? Yes.- ✓No. -
14. Is project or any portion or project located in the 100 year flood plain? des No
15. a. Does project involve disposal of solid waste? ✓Yes No
b. If yes, will an existing solid waste disposal facility be used? ✓ Yes No
C. If yes, give name: S co EJ c S,r��,., . ; location
d. :•till any wastes not go into a sewage disposal system or.. into a sanitary landfill? ,r Yes
16. Will project use herbicides or pesticides? Yes �40
17. Will project routinely produce odors (more than one hour per day)? Yes r✓No
18. Will project produce operating noise exceeding the local ambience noise levels? Yes f✓ No
19. 'dill project result in an increase in energy.use? ✓Yes No. If yes, indicate type(s)
20. If water supply is from wells indicate pumping capacity `f 5 gals/minute.
21. Total anticipated water usage ;er day __ /�. 9als/day. -
22. Zoning: a. What is dcminant 'Zoning class ificsticn:of site? _ i�er.l :<� � / 5,, le "C;
b. Current s;ecific zoning classification of site
e.- Is proposed use consistert Frith ,jresent zoning
d. If no, indicata desired zoning
„!;ALL TO fUIE,lIIAL l,Hfl �:;i%n�i �c•
!0DERATE LARGE. REDUCED 24.. ,
1;tP CT Tl'I'?CT PROJECT CHAMME _
Construction in a designated floodway.
Other impacts:
:0 YES
2.. WILL THERE BE AN, EFFECT TO ANY UNIQUE OR UtUSUAL LAND F11R1•1S ��
POUND` 011 THE SITE? (i.e. cliffs, dunes, geological forma-
tions etc.) _
Specific land forms:
IMPACT 0'4 WATER
NO YES
3. WILL PROJECT AFFECT ANY WATER BODY OESiGfATr0 AS
PROTECTED? (Under Articles 15, 24, 25 of the Envirr��� ...0 0
onmental Conservation Law, E.C.L.)
Examples that Would Apply to Column 2
Dredging more than 100 cubic yards of material from
channel of a protected stream.
Construction in a designate; freshwater or tidal wetland. r
Other impacts: T--'
4, WILL PROJECT AFFECT ANY NON-PROTECTED EXISTING OR NEW NO YES
BODY OF WATER? ............................................0 O
Examoles that Would Apply to Column 2
A lop increase or decrease in the surface area of any body
”- of water or more than a 10 acre increase or decrease.
Construction of a body.of water that exceeds 10 acres of
surface area.
Other impacts:
1%U YES
S. WILL PROJECT AFFECT SURFACE OR GROUNDWATER QUALITY? 00
Examples that Would Apply to Column 2
Project will require a discharge permit.
Project requires use of a source of water that does not have..
approval to serve proposed project.
Project requires water supply from wells with greater
than 45 gallons per minute pumping capacity.
Construction or operation causing any contamination
of a public water supply system-
Project will adversely •affect groundwater: —
Liquid effluent will be conveyed off the site to.
facilit.irs. which presently do not exist or have
inadequate'capacity.
Project...requiring a facility that would use water in
____ excess of 20,000 gallons per day.
_ Project will likely cause siltation or other discharge _----
into an existing body of water to the eztent.that viere
-ill-he an obvious visual contrast to natural Conditions.
TOWN OF S OUTHOLD
ENVIRONMENTAL ASSESSMENT — PART II
PROJECT IMPACTS AND THEIR MAGNITUDE
General Inforration (Read Carefully)
- In completing the form the reviewer should be guided by the question: Have my decisions and determinations
been reasonable? The reviewer is not expected to be an expert environmental analyst.
- Identifying tnat an effect will be potentially large (column 2) does not mean that it is also necessarily
significant. Any laree effect must be evaluated in FART; 3 to determine significance. By .identifying an
effect in colu,�,n 2 simply asks that it. be looked a(further.
- The Examples provided are to assist the reviewer by sho,.►ing types of effects and wherever possible the thresho'
of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the
State and for most situations. But, for any scecific project or site other examples and/or lower thresholds
may be more appropriate for a Potential Large Impact rating.
- Each project, on each site, in each locality, will vary. Therefore, the examples have been offered as guidanc.
They do not constitute an exhaustive list of impacts and thresholds to answer each question.
- The number of examples per question does not indicate the importance of each question.
INSTRUCTIONS (Read Carefully)
a. Answer each of the 18 questions in PART 2. Answer Yes if there will be any effect.
b. Maybe answers should be considered as Yes answers.
C. If answering Yes to a question then check the a:orcoriate box (column 1 or 2) to indicate the potential
size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If
impact will occur but threshold is loner than examo]e, check column 1_
d. If reviewer has doubt about the size of the impac-!-- ucons ider the impact as potentially large and
proceed to PART 3.
e. If a potentially farce impact or effect can be reduced by a change in the project to a Tess than large
magnitude, place a Yes in column 3. A No response indicates that such a reduction is not possible.
i. 2. 3.
SMALL TO POTENTIAL CAN IMPACT BE
MODEPATE LARGE -REDUCED BY
IMPACT IMPACT PROJE CH CT ANGE
IMPACT ON LAND ". ..
NO YES
WILL THERE BE AN EFFECT AS A RESULT OF A PHYSICAL C Gc TO 00
PROJECT SITE?
Examoles that :Mould Apply to Column 2
Any construction on slopes of 15S or greater, (15 foot rise per
100 foot of length), or where the general slopes in the project
area exceed 10:
Construction an Land where the depth to the water tabla'is less
than 3 feet.
Construction of caved parking area for 1,0003 or ..-cr- vehicles.
Construction on ]and :There bedrock is exposed or generally
witnin 3 feet of existing ground surface.
_ Construction that -dill continue for more than 1 year or involve
more than one pnase or stage.
Excavation for mining purposes that would remove -ore than 1 ,000
tons of natural material (i.e. rock or sail) per year.
Construction of any new sanitary landfill.
"ALL TO POTEilTIAL CAN I.!?ACT .BE
• .ODERATE LARGE REDUCED 'BY..
IMPACT IMPACT PROJECT C4_gNn_T
IMPACT ON VISUAL RESOURCE
10.. WILL THE.PROJECT AFFECT VIEUIS, VISTAS OR rr1E VISUAL NO YES
CHARACTER OF THE NEIGHBORPOOD OR CO""+UNITY? ..............
00
Examples that Would Apply to Column 2
An incompatible visual affect caused by the introduction
of new materials, colors and/or forms in contrast to the
surrounding landscape.
_ A project easily visible, not easily screened,that is
obviously different from others around it.
_ Project will result in the elimination or major
screening of scenic views or vistas known to be
Important to the area.
Other impacts:
IMPACT ON HISTORIC RESOURCES
11. WILt PROJECT 114PACT ANY SITE�OR STRUCTURE OF HISTORIC, NO YES
j PRE-HISTORIC OR PALEONTOGICAL IMPORTANCE? .................0 f"�
Examoles_-that Would Apply to Column 2 \�
_ Project occurinq wholly or partially within or contiguous
to any facility or site listed on the-National Register of
historic places.
Any impact to an archeological site or fossil bed located
within the project--site. i
Other impacts:
IMPACT ON OPEN SPACE b RECR_ATTON,
12. WILL THE PROJECT AFFECT THE QUANTITY OR QUALITY OF_EXISTING NO YES
OR FUTURE OPEN SPACES OR RECREATIONAL OPPORTUNITIES?......
00
Examoles that Would Apply to Column 2
The permanent foreclosure of a future recreational opportunity.
A major reduction of an open space important to the community.
Other impacts
IMPACT rI TRANSPORTATT0.4
13. WILL THERE BE AN EFFECT TO EXISTING TRANSPOP.';ATIO; NO YES
SYSTEl11S? ...............................................
00
Ex amoles that Would Apply to Column 2
_ Alteratidit of present patterns of movement of people
and/or goods.
`. Project will result in severe traffic problems.
Other ir..pacts:
<1MAll TO POTE,`ITIAL CAII IMPACT SE
•MOCERATE LARGE REDUCED GY
4 .
IMPACT IMPACT PROJECT CHANGE
Other Impacts:
6. WILL PROJECT ALTER ORAI`IAGE FLOV. 'PATTERNS OR SURFACE IIATER `O YES
RUNOFF? ... ...... ..............................00
Example that !-;ould Apply to Column 2
Project would impede flood water flows. _
' — Project is likely to cause substantial erosion.
Project is incompatible with existing drainage patterns.
Other impacts:
IMPACT ON AIR
NO YES
7. WILL PROJECT AFFECT AIR QUALITY?............................0
0
Examples that Would Apply to Column 2 ;
_ Project will induce 1,000 or more vehicle trios in any given
hour.
Project will result in the incineration of mare than 1 ton.
,= of refuse per hour.
Project emission rate of all contaminants will exceed 5 '
lbs. per hour or a heat source producing more than 10 .
million BTU's per hour.
Other impacts:
INTACT O"M PLA;ITS AMO a;jTVALS
.10 YES -
8. 'WILL PROJECT AFFECT ANY THREATENED OR E!"IDAINGERED SPECIES: O O :
Examples that !•:cull Apply to Colurm, 2
Reduction of one or nor- species listed on the ;;ew York
or Federal list, using the site, over or near site or
found on the site.
_ Removal of any portion or a critical,. br significant wild-
life habitat.
Application of Pesticide or herbicide over more than
twica a year other titan for agrit-a:tural puracsas.
Ot.�er impacts:
9. WILL PROJECT 'u1,S1X11 TALLY AFFECT 1:0;1-TXgEAT_:icc7 ;R 10 YES
ENCA;;GcREJ SPM=S? . ......................................0
0
Exar..pla_ that Would Apply to Column 2
_ Project would substantially interfere with any resident 1
or migratory fish or wildlife species.
_ Prnject recuires the removal of more than 10 aces of
mature forest (ever 100 years in ace) or at^er locally
i=portant vegecat?on.
_-7_
SMALL TO POTS:{TIrt CANi;!PACT'C="
MODERATE LARGE REOUCEO BY
IMPACT IMPACT PROJECT CHANGE
IMPACT ON ENERGY
14. WILL PROJECT AFFECT THE COMiMUNITIES SOURCES OF FUEL 01R NO YES
ENERGY SUPPLY? ...........................................0
0
Examales that Would Apply to Column 2
_ Project causing greater than 51. increase in any form of
energy used in municipality.
_ Project requiring the creation or extension of an energy
• transmission or supply system to serve more than 50 single
or two family residences.
Other impacts:
IMPACT ON NOISE
15. WILL THERE BE OBJECTIONABLE OOORS,-NOISE, GLARE, VIBRATION NO YES
or ELECTRICAL 0ISTUR2ANCc AS A RESULT OF THIS PROJW.1 .
Examoles that Would Apply to Column 2 . •..O O
_ Blasting within 1,500 fleet of a hospital, school or other
sensitive facility.
Odors will occur routinely (more than one hour per day).
Project will produce operating noise exczedina the
local ambient noise levels for noise outside of structures. ,
Project will remove natural barriers that would act as a
noise screen.
_. Other impacts:
IMPACT OM HEALTH A HAZARDS
NO YES
16. HILL PROJECT AFFECT PUBLIC HEALTH AND SAFETY? .............0 O
- Exzmoles that 'Mould Apply to Column 2
Project will cause a risk of explosion or release of hazardous
substances (i.e. oil, pesticides, chemicals, radiation, etc.)
in the event of accident or upset conditions, or there will
be a chronic low level discharge or emission.
_ Project that will result in the burial of "hazardous wastes"
` O.e. toxic. poisonous, highly reactive, radioactive, irritating,
infectious, etc. , including wastes that are solid, sami-solid.
liquid or contain gases.)
Storace facilities for ene million or rare gallons of liquified
natural gas or other liquids.
Other impacts:
ii,PACT pp:CT PROJECT C�:.;i�G"c I
IMPACT U"t SR'):!TH AND CgARACTFR OF COt;;„'NrTY OR
17. WILL PROJECT AFFECT'THE CHARACTER nF THE EXISTING NO YES
CO.,1+UNITY? ..... ............................. ........^ O
Examole that Would Apply to Column 2 v
_ The population of the City, Town or Village in which the
project is located is likely to grow by more than 5. of
resident human population.
The municipal budgets for capital expenditures or opera-
ting services wi11 increase by more than SA per year as a
result of this project.
Will involve any permanent facility of a.non-agricultural
use in an agricultural district or remove prime agricultural
lands from cultivation.
_ The project will replace or eliminate existing facilities,
strictures or areas of historic importance to the co=unity.
Development will induce an influx of a particular age
group with special needs.
Project will set an important precedent for future projects.
_ Project will relocate'15 or more employees in one or more
businesses.
Other impacts: J• `
NO YES
18. IS THERE PUBLIC CONTROVERSY CONCERCiRNG THE PROJECT? .......0
0 -
Examoles that Would Apply to Column 2
_ Either government -or citizens of adjacent communities
have expressed opposition or rejected the project or have
not been contacted.
Objections to the project from within the community.
IF ANY ACTION. IN PART Z. IS IOEtiTII'IED AS A
POTENTiAL.LARGE IMPACT OR IF YOU C;NN= OETER•fINE
THE MAGNMOE OF ItIPACT, PROCEED TO PART 3.
PORTIONS OF EAF COIMPLcTED FOR THIS PROJECT:
DETERMINIATION - PART I PART II PART 3
Upon review of the information recorded an this EAF (Parts 1, Z
and 3) and considering both the magnitude and importance of each
impact, it is reasonably determined that: PREPARE A NEF.ATIVE DECLARATION
A. The project will result in no major impacts and, therefore,
is one which may not cause significant damage to the environment.
• B. Althcugh the project could have a significant effect on the
environment, there will not be a significant effect, in this case PREPARE A NECIATIVE DECLARATIONi
tecause the mitigaticn measures describea in PART 3 have been _ O
incl-uced as part of the Proposed Project.
C. The project will result in one or more major adverse impacts PREPARE POSITIVE OECL.ARATION PROCEED I,!1;
that cannot he reduced and may cause significant danaae to
the environment.
Data
Signature of Responsiole Official in L_
Agency
Signature of Preparer (if different from re5ponsibla officer)
- rent or type name of responsible offic
in Lead Agency
Y�
V.
TOWN OF SOUTHOLD
ENVIRONMENTAL ASSESSMENT — PART III
EVALUATION OF THE IMPORTANCE OF IMPACTS
I!1FOIRMATION
Part 3 is prepared if one or more impact or effect is considered to be potentially large.
The amount of writing necessary to answer Part 3 may be determined by answering the question: In briefly
1 , completing the instructions below have I placed in this record sufficient information to indicate the
reasonableness of my decisions? _
INSTRUCTIONS
Complete the following for each impact or effect identified in•Column 2 of Part 2:
1. Briefly describe the impact.
2. Describe (if applicable) how the impact might be mitigated or reduced to a Tess than large impact by a pro-
ject change.
3. Based on the information available, decide if it is reasonable to conclude that this impact is imoortant
to the minicipality (city, town or village) in which the project is located.
To.answer the question of importance, consider:
The probability of the impact or effect.accurring
- The durationof the impact or effect
- Its irreversibility, including permanently losz resources or values
- Whether the impact or effect can be controlled '
- The regional consequence of the impact or effect
- Its potential divergence from local needs and goals
• - Whether known.objections to the project apply to this impact or effect.
DETERMINATION OF SIGNIFIC„ICE '
An action is considered to be significant if:
One (or more) impact is deterr•:ined to both large and its (their) consequence, based on the review
above, is imoortant.
PART III STATEMENTS
a (Continue on Attachments, as needed)
.� NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
10-84-1355
PERMIT
UNDER THE ENVIRONMENTAL CONSERVATION LAW
® ARTICLE 15,(Protection of Water) ARTICLE 25,(Tidal Wetlands)
ARTICLE 34,(Freshwater Wetlands) ARTICLE 36,(Construction in Flood Hazard Areas)
PERMIT ISSUED TO '
Ted Dowd
ADDRESS OF PERMITTE � r
Tierra Verde, Florida 33715
LOCATION OF PROJECT(Section ol stream, tidal wetland,dam, building)Ndr lh aA Sou sides O -Rabbit Lane,
Marion Lake and Cardiners Bay, East Marion.
DESCRIPTION OF PROJECT
Construct a single family dwelling on south side of Rabbit Lane approximately
landward or mean high wa er ar Hers ay - -, Install sanitary system for
this lot on applicant' s property on the north side of Rabbit Lane, approximate:
1501 landward of mean h11`gH water and 1,2b, south of La a Marlon. Construct t rr
single family dwellings with decks on north side of Rabbit Lane *** (cont. on
COMMUNITY NAME(City,Town, Village) TOWNback)
East Marion Southold
COUNTY FIA COMMU IT NO. DAM NO. PERMIT EXPIRATION DATE
Suffolk 6/30/87
GENERAL CONDITIONS
1. The permittee shall file In the office of the appropriate Regional 8. That the State of New York shall In no case be liable for any damagt
Permit Administrator, a notice of Intention to commence work at least 46 or injury to the structure or work herein authorized which may be caused by o
hours in advance of the time of commencement and shall also notify him result from future operations undertaken by the State for the conservation o
promptly in writing of the completion of the work. Improvement of navigation, or.for other purposes, and no claim or right t:
compensation shall accrue from any such damage.
2. The permitted work shall be subject to inspection by an authorized
representative of the Department of Environmental Conservation who may 9. That if the display of lights and signals on any work hereby authorize
order the work suspended if the public interest so requires. is not otherwise provided for by law, such lights and signals as may be pre
3. As a condition of the issuance of this permit, the applicant has ac- scribed by the United States Coast Guard shall be Installed and maintainer
cepted expressly, Uy the execution of the application, the full legal respon- by and at the expense of the owner.
sibility for all damages, direct or Indirect, of whatever nature, and by whom- 10. All work carried out under this permit shall be performed in actor
ever suffered, arising out of the project described herein and has agreed to dance with established engineering practice and in a workmanlike manner.
Indemnify and save harmless the State from suits, actions, damages and
costs of every name and description resulting from the said project. ec If granted under Articles y and
the Department reserves the righ
r
to reconsider this approval at any time and after due notice and hearing l,
4. Any material dredged in tits prosecution of the work herein permitted continue, rescind or modify this permit In such a manner as may be found t,
shall be removed evenly, without leaving Wie refuse piles, ridges across the be just and'equitable. If upon the expiration or revocation of this permit, th
bed of the waterway or flood plain of deep holes that may have a tendency to modification of the wetland hereby authorized has not been completed, III
cause Injury to navigable channels or to the banks of the waterway. applicanl shall, without expense to the State, and to such extent and in suc
S. Any material to be deposited or Ilufiped under this permit, either I�t time and manner as the Department of Environmental Conservation may requirt
remove all or any portion of the uncompleted structure or
the waterway or on shore above hi It-walet mark,shall be deposited or dlhnpNl)
at the locality shown on the draoing hetolo attached, and, If so west: Ibvil Yur to Its former
tin iccUnt uot condition. lie claim shall be made against the State of Ne+
fill and restore th
of ar<.y Bulb r rmoval or alteration.
thereon, within or behind a good add subalantlal bulkhest) or bulkheads, lul h
as will prevent escape of the mate#141 into the waterway. 11 This permit shall not be construed as conveying to the applicant an
right to trespass upon the larefs or interfere with the riparian rights of other:
6. There shall be-no unreasonable Inlerference with navigation bir the to perform the permilled worts or as authorizing the impairment of any rights
work herein authorized. title or Interest in real or personal property held or vested In a person not .
7. That if future operations by the State of New York require an alteratlon party to the permit.
In the position of the structure or work hetein authorized, or If, In the opinion 13, The permitter 'is responsible for obtaining any other permits, aF
of the Department of Environmental Conservation It shall cause unreasonable provals, ,.:,ids, easements and rights-of-way which may be required for thi
obstruction to the free navigation of said waters or flood.flows or endanger _ project.
the health, safety or welfare of the people of the State,or loss or destruction
of the natural resources of the Stale,the owner may be ordered by the Depart. 14. If granted under Article 36, this permit Is granted solely on the basi
meet to:remove or alter the structural work, obstructions, or hazards caused of the requirements of Article 36 of the Environmental Conservation Law an
thereby without expense to the Stale;and If, upon the expiration or revocalun Part 500 of 6 NYCRR(Construction in Flood Plain Areas having Special Floo
of this permit, the structure, fill, excavailon, or other modification of like Hazards — Building Permits) and in no way signifies that the project will t:
watercourse hereby authorized.shall not be completed, the owners shall, free from flooding.
without expense to the State, and to such extent and in such time and manner 15. By: acceptance of this permit the permittee agrees that the peen
as the Department of Environmental Conservation may require, remove all or is contingent upon strict compliance with the special conditions on 41
any portion of the uncompleted structure or fill and restore to Its former reverse side.
condition the navigable and flood capacity of the watercourse. No claim shall
be made against the State of New.York on account of:any such removal or
alteration.
95.20-4(9/75) (SEE REVERSE SIDE)
`` - p Tc �t :�
i
DESCRIPTION OF PROJECT (wont. )
approximately 50' south of Marion Lake. Sanitary systems for three northerly
lots will be located between houses and Rabbit Lane approximately 125 ' south o
Marion Lake and 150' landward of mean high water. Approximately 500 cubic
yards of clean fill will be trucked in for the sanitary systems and are . to be
placed within 15' of the base of three houses on the northerly lots.
SPECIAL CONDITIONS
1. There shall be no disturbance to the vegetation or topography within
35 ' of Marion Lake.
2. For the three houses on Marion Lake, not more than twenty percent (20%)
of the lot area can be co- mered by impervious surfaces.
3. All. construction .must meet local and Federal flood plain ordinances.
SPECIAL CONDITIONS A THROUGH J ATTACKED. -
SPECIAL CONDITION X ATTACHED.
PERMIT ISSUE DATE PERMIT ADMINISTRATOR ADDKESS
2/19/8 5 rAvid DeRidder�Q n/ � /.� B1dg.40,6uny,StonyBrook,NY 11794
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
rn P.O. BOX 728
Ul
® TOWN HALL
SOUTHOLD, N.Y. 11971
CERTIFICATE OF OCCUPANCY
No. Z13895 . . October
Date . . 3 . .. .19.95
This CERTIFIES that the Lot . .. .V.egnt
Location of Property .. .350. . Rabbit. Lane.. .. .. .... :.z.
House.
Street HAMIVt
County Tax Map #, Section. .. 031. . . . .. . • Block. . ...18. . . .. . . .. Lot. .008. .. .. ....
Subdivision.. . . .. X.. . . . ... . . . . . . .. . . . . .Filed Map #. .. .. . .. ... Lot #. . . .. .. . . .
conforms substantially to the applicable provisions of the Zoning Code of the
Town of Southold. The premises are located in the A- Residential--
Agricultural Zoned District and may be used for such uses as are
presently authorized by the Zoning Code in such district subject to, however, .
all of the requirements of the Zoning Code.
The certificate is issued to . .. . . SCHIMATZ , . JACK. . . .. . . . . . . .
(owner, lresse&-or-tre4}a+A)
of the aforesaid lot.
. . .Y. . . . . . •1. . . . • . . . . . . . ... . . . . . . .. . . . . . . . . . . . . . .
Building Inspector
Rev 11/85. ,
Lakeview Terrace Road Association
P.O. Box 357 East Marion, NY 11939
V-rOWN
a September 03, 1986
Board of Town Trustees _ 4 Ig$6 sTown of Southold sLTown HallySouthold, NY 119'71O� SaUT SOLD
Re: Bay Avenue Project, East Marion
Ted Dowd Application
Dear President Henry P. Smith
Trustee John M. Bredemeyer
Trustee Philip Goubeaud
Trustee Albert Krupski, Jr.
Trustee Ellen M. Larsen :
At the Annual Meeting of the Lakeview Terrace. Road Associa-
tion on Sunday, August 31st, it was resolved that the following
points be brought to the attention of the Board of Town Trustees
in addition to the remarks made on behalf of the Association at
your August 28th meeting:
1. The piers on the Bay Avenue bridge are approximately 15' 7z"
apart. For decades until May - June 1986, open water under the
bridge has remained at approximately 12' 62" . The passageway
at this date measures 6' 6" with a slope from 0 to a depth of
23" . That is a loss of 6' 1 " in width in 4 months or so. The
Hurricane of 1938 did not wreak devastation of that type. Man did !
2. The residents wish to have their right of passage and access
from the east lake to the west restored.
3. Inasmuch as the President of the Truste'es- wrote to Mr. Luscher
on July 25th, five weeks ago, relative to debris by the bridge
in the lake, what has been done?
4. Inasmuch as East Marion Fire Department Policy bans the use of
the bridge by its vehicles and the Highway Department has advised
Oysterponds School Superintendent Charles Woznick not to use the
bridge for school bus transportation, the message is loud and
clear that the bridge is unsafe for large vehicles. Our Associa-
tion recommends that the weight limit of the bridge be posted
again and that the regulation be enforced. An accident on the bridge
through failure, of same could cause serious personal injury or death
and could have a disasterbus impact on the lake and wildlife.
1 of 2
P
5. As the proposed application of Ted Dowd is of no positive
benefit to improve the environment of Rabbit Lane, Marion Lake,
or the Bay, the Association recommends that the application be
denied. As the site has no potable water thereon, it must be
pumped inland of the 13 wells of the Association members which
is a concern for the future quality of our water. That topic
should be addressed now and not later. The building site would
be a--source of phosphates, nitrates, and pesticides for the Bay
and/or the Lake'. It would have a deleterious impact on the area.
How much is enough?
I have been selected by the Association to conduct any
on-site tours if you wish.
Thank you for your anticipated close scrutiny of the situ-
ation.
ere y/
eroy, cretary
cc: Mr. Raymond. Jacgbs Supt. of Highways
vtown Board I ;& dZ
Mr. Gary Tabor, Contractor
Mr. Ted Dowd
Dr, Martin Garrell, CAC
Mrs. Ruth Oliva, NF Environmental Council
Mr. Walter Gaipa, Chief of EMFD
Mr. Charles Woznick, Supt. of Oysterponds School District
Mr. Norman Woodcock, President- Road Association
2 Of 2
a
Of ip, Al
tY ��,--
Copies L',.C. -- �
q_ I-ak�view Terrace Road Associatio 5 f 9%
File
.O. Box 357 East Marion, NY 11939
September 03, 1986
Mr. Raymond Jacobs, Superintendent
Southold Town Highway Department
Peconic Lane
Peconic, NY 11958
Re : Bay Avenue Project
Dear Mr. Jacobs:
At the membership meetin of the Lakeview Terrace Road
Association on August 31, 1989 many topics were included in the
discussions , but of paramount foci were the physical condition
of Bay Avenue, the siltation under the bridge, and the lack of a
bridge weight limit sign. It was resolved that the following
points were to be brought to your attention:
1 .• The east side of Bay Avenue is an eyesore for a project
which started as long ago as April 17th with relatively
no activity since Saturday, August 2nd.
A. The drainage from Lakeview Terrace south goes onto
the bridge which was not the case heretofore. Silta-
tion of the lake has resulted. The contractor has ac-
knowledged this by ,returning at least twice in July
and August to replace washed away soil. The soil ran
down the east side of the road, onto the bridge, and
into the lake.
The water opening under the bridge has been re-
duced from 12' 62' ' to 6' 611 . A boat can no longer
navigate under the bridge. The Association expects
the right of passage to be restored.
What the hurricane of 1938 did not do, man did!
B. The entire project gives a slipshod appearance.
C. At least one house water connection box and the
large water connection box at the southeast corner of
Rabbit Lane and Bay Avenue project above the surface
of the ROW of Bay Avenue and are a hazard.
D. Debris was left in the lake
E. A trench was cut in the blacktop of the entrance to
Lakeview Terrace. Common courtesy by the contractor
would indicate patching immediately.
1 of 2
F. An inspector for the Board of Underwriters Lab in-
dicated that the yellow marker or ribbon had not
been buried with the electric cable in the trench.
This can lead to a dangerous situation in the future
as, part of the run contains a gas line with the
water pipes and electric cable.
When may we expect the contractor to restore the ROW to its
original or better condition, with the proper drainage, to remove
the debris and silt from the lake, and to assure everyone all
codes have been met?
2. The members of the Association are concerned with the
safety of the bridge which was built over 60 years ago to
serve a' few cottages. Inasmmch as East Marion Fire Depart-
ment Policy bans the use of the bridge by its vehicles and
your deparment has advised the Superintendent of Oyster-
ponds School District, Mr. Charles Woznick, not to use the
bridge for school transportation, it is readily apparent
the bridge is unsafe for large vehicles.
The State has posted "NO TRUCKS WITH R PERMITS" on ei-
ther side of the Dam Pond and the Greenport railroad =.
bridges. What is to prevent one of these rigs coming out
the LIE onto the North Road onto Bay Avenue and across
the bri dge? re4 vas-ts
The Association- s- that the weight limit sign for
the bridge be posted again and the regulation enforced.
An accident on the bridge through failure of same could
cause serious injuries or fatalities and would have a
catastrophic impact on the lake and wildlife.
We know that you have conducted personal on-site inspections
and appreciate 'it.
Si cerely,
Frank Heroy, Secr ary
ces The Town Trustees
✓The Town Supervisor and Town Board 6 CvPlGS
Dr. Martin -Garrell, CAC
Mrs. Ruth Oliva, North Fork Environmental Council
Mr. Walter !Gaipa, Chief of EMFD
Mr. Charles Woznick, Superintendent of Schools
Mr. Gary Tabor, Contractor
Mr. Ted Dowd
Mr. Dennis Cole, DEC
Mr. Norman ,Woodcock, President of the Association
2 of 2
145 Lakeview Terrace
�n- PO Box 357
East Marion, NY 11939
August 01, 1986.
Mr, Frank Murphy, Supervisor
Southold Town Hall
Main Road
Southold, NY 11971
Dear Mr. Murphy:
Thank you for your letter of July 28, 1986. I accept with
pleasure your invitation for me to meet with the- entire South---- -
old Town. Board and all the Departments involved in the Rabbit
Lane-Bay Avenue project.
In' deference to my health, I respectfully request that the
meeting not be scheduled before 9e00 AM. As to the date, any
day with four or five days notice would be convenient for me.
I await word as to the date, time , and place of the meet-
ing.
Sin,cereZye
O)w� J"'�'/�_
Frank Heroy
iF G.
� a
N abLT!t _f0_12£ J 110CtOt ton
P. O. Box 754 East Marion, L. 1. , New York 11939
September 29, 1987
Board of Trustees
Town of Southold
Town Hall
Southold, N Y 11971
Attention; Mr. Henry P Smith
President
Gentlemen;
I would like to call your attention to a rapidly
worsening situation regarding Marion Lake at East Marion.
During 1985 a contractor, Gary Tabor of Orient,
dug a trench on the east side of Bay Avenue to bury water con-
duits and electrical wires leading to new construction on
Rabbit Lane. During the time the trench was open we experienced
exceptionally heavy rainfall which washed thesoil from the trench
down to the bridge where it subsequently washed into the channel
beneath the bridge. This channel ,joins the two bodies of water
forming Marion Lake. There was no effort on the part of Mr.
Tabor to correct the problem and this condition is now deterio-
rating to a point where the closing of the channel under the
bridge appears imminent.
The channel formerly measured approximately 121
feet prior to Mr. Tabor' s work. It is now approximately 4�
feet and narrowing. The soil that washed down resulted in
phragmites taking root at the north side of the channel. As
The phragmites grew, additional soil accumulated around the
roots. The soil and the phragmites are literally feeding on
each other and the channel is closing. At the present rate the
channel will probably close by the summer of 1988.
I feel this problem deserves your immediate attention
as the proliferation of phragmites seems to foretell the death
of a beautiful natural resource.
I will remain at 120 Rabbit Lane until the end of
October and would welcome an opportunity to meet with you or
a representative in an effort to solve the problem.
Very ours,
4 0 SE
Tel #477 0582 P esident
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RODERlCK VAN TUYL, P.C.
LICENSED LAND SUF'VEYORS
�l�vcx-f-ions refer fo rrrean sea level.' � GRFENP(JRT NEV) 'aORK
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o STATEMENT OFINTENT
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RODERICK VAN TUYL, P.C.
LICENSED LANCE SURVEYORS --
Elevof- ons refer fo m orn iea level. GREENF'OF'T ^yE'''� YOR.