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Home My WebLink AboutMILLER, ROBERT LO HENRY P. SMITH, President TELEPHONE JOHN M. BREDEMEYER, Vice-Pres. (516) 765 1892 PHILLIP J. GOUBEAUD ALBERT KRUPSKI, J R. 4 ELLEN M. LARSEN . BOARD OF TOWN TRUSTEES TOWN-OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 April 20, 1987 Mr. Robert J. Miller 15 Farrell Road Weston, CT 06883 Re: Single family dwelling — Fishers Island, New York Pursuant to your request for a determination of jurisdiction for the above captioned work, please be advised that Mr. Steve Malinowski has conducted an on site inspection of your property and has determined that since no part of the proposed structure will be within 75 ft. of the wetland boundary (defined by both Ms. Sharp and NYS DEC) , he recommends that a wetland permit from the Town Trustees is not required. The Town Trustees concur with Mr. Malinowskis determination in this matter. Should you have any questions or concerns, 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: Truste s f ile TELEPHONE (516)765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 NOTICE OF NEED FOR PERMIT March 6, 1987 Mr. Robert Miller 15 Farrell Road Weston, CT 06883 RE: D.E.C. Notice .of Complete Application - 10-86-1669 Dear Mr. Miller: A review has been made of this Parcel XXXXXXXXProposal to: Construct a single family dwelling and associated sanitary system 70' and a minumum of 100' respectively from Freshwater Wetlands. Project location is Fishers Island. Location: 1000-008-1-4. 10 Main Road, Fishers Island. It appears that a permit is required from the Town Trustees in accordance with the Code of the Town of Southold, Chapter 97, Wetlands. Enclosed is an application form (directions also) . To avoid delays, be sure all specified information in included applicable to the type of activity, complete and submit all forms with plans. Board of Aown Trustees President Henry P . Smith HPS: ip Attachments April 5, 1987 Board of Town Trustees Town of Southold Town Hall 53095 Main Road P.O. Box 728 Southold, NY 11971 Dear Mr. Smith: I have performed an inspection of the Robert J. Miller property (previously referred to as Lot #3 in a correspondence from Ms. Penelope Sharp to Mr. Miller dated Nov. 12, 1986 and on file with Southold Town Trustees) for a determination on the need of a wetland permit. The upper boundary of the freshwater wetland has been delineated independently by both Ms. Sharp and NYS DEC. The boundary marked by Ms. Sharp is more conservative in favor of the marsh since it is several feet landward of the DEC boundary. The proposed location of the single-family dwelling has been marked with stakes driven into the ground. I measured the closest distance of the proposed structure to the wetland boundary as defined by Ms. Sharp and found that distance to be 76.5 linear feet. Since no part of the proposed structure will be within 75 feet of the wetland boundary (defined by both Ms. Sharp and NYS DEC), it is my recommendation that a wetland permit from the Southold Town Trustees is not required. Sinc rely G � l Steve Malinowski cc: Robert J. Miller .F TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 March 30, 1987 Steve Malinowski Bay Constable Box 402 Fishers Island, New York 06390 Dear Mr. Malinowski: Please make an inspection of the Robert J. Miller Droperty located on Fishers Island for a determination on the need of a wetland permit [see attached communications which are self-explanatory] . Also, transmitted herewith are copies of applications for permits requested under the Grandfather Clause as follows: Harry P. Broom, Jr. - To secure a permit for his structures and to rebuild same, property is located on Peninsula Road, Fishers Island. Ronald Zanghetti - To secure a permit for two floats under the _ . Grandfather Clause, property is located on Gloaming Ave. , Fishers Island: Submit your comments and recommendations to this office by April 13, 1987. Thank you for your anticipated cooperation in regard to these matters. We await your response. Very truly yours, Hmy ?- Smith, President Board of Town Trustees HPS:ip cc: Justice Raymond Edwards Attachments • .'' 21 - 5IL ;F / 'Loughlin KEY M I DDLE ' L FARN + •1 ,f toy Miller ConserVOtAxi ubdv>Wovr Eos Hwe to / •` Bwry L. Firgusoh E • . '• • .`' 22- 5 •' c f; Cushm67.Sub+d iVa7 Lot 2 /982: ... r,. !. TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD - Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 March 30, 1987 Mr. Robert J. Miller 15 Farrell Road Weston, CT 06883 Re: Single-family dwelling - Fishers Island, New York Dear Mr. Miller: Pursuant to your letter dated March 10, 1987 please be- advised that the Trustees have reviewed your letter at their regular meeting held on March 26, 1987. The Trustees have referred this matter to Steve Malinowski, Bay Constable on Fishers Island for an inspection and determination on same. The Board will review this matter again on April-29, 1987. We will advise you after that date of the action taken by the Board of Trustees. Should you have any questions or concerns, 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: Truste file ./ DAY BERRY& H®WARD Three Landmark Square 3 l ��/ Stamford �t � Connecticut 06901-2599 Counsellors at Law Telephone (203) 348-3840 Stamford, Hartford and Boston Telex 99324 Robert J. Miller March 10, 1987 Board of Town Trustees Town of Southold Town Hall 53095 Main Road P.O. Box 728 Southold, NY 11971 Attention: Mr. Henry P. Smith President Board of Trustees Re: DEC Notice of Complete Application 10-86-1669 Dear Mr. Smith: Thank you for your letter of March 6, 1987 pertaining to our plans to construct a single-family dwelling on Fishers Island. The DEC Notice of Complete Application was based upon a site plan which shows the dwelling closer to the freshwater wetland margin than will actually be the case. Our plans call for no part of the structure to be within 75 linear feet of the edge of the wetland in question, and it would therefore seem that no permit from your office is required. I should note that we have considerable confidence in the location of the wetland boundary since it has been determined separately after recent site inspections both by Penelope C. Sharp, an independent environmental consultant, as well as by the DEC. I enclose certain materials prepared by Ms. Sharp, together with a statement of her credentials , which you may wish to have to complete your files. Please note that, among other things, Ms. Sharp is an environmental adviser to the Fishers Island Conservancy and a Trustee of The Henry L. Ferguson Museum on Fishers Island. Please let me know if I can provide any further information. Sincerel , Robert J. Miller RJM/pjb cc: Ms . Penelope C. Sharp U • Penelope C. Sharp 225 Reeds Gap Road East Northford, CT 06472 203-484-0134 November 12, 1986 Mr. Robert J. Miller 15 Farrell Road Weston, CT 06883 Dear Mr. Miller: At your request, I have examined your property on Fishers Island, New York in order to evaluate the potential impact of the proposed construction of a single-family dwelling on nearby wetlands. I have also flagged a wetland boundary at your property which I hope will be acceptable to the New York State Department of Environmental Conservation and the Town of Southold. I have used wetland vegetation in determining this boundary; however, it is important to point out the topographic conditions of your property, hereafter referred to as Lot #3. Basically, the margin of the swamp on the southwest lobe of Middle Farms Pond occurs at the toe of a slope along the northern boundary of Lot #3 . The steep north-facing slope rises in elevation from 10' to 286 over an approximate 60' run. The slope itself is vegetated with plants that are normally associated with wetland conditions, although I have encountered all of these species in transitional zones. It is my opinion that the slope is best described as a transitional zone between wetland and upland. However, due to the vegetative definition that New York State uses for its freshwater wetlands, I have delineated a boundary midway up the slope. I should stress that this boundary is conservative in favor of the wetland. This boundary of wetland vegetation is accurately shown on the Project Plan dated November 10, 1986 to be submitted to the New York State. Department of Environmental Conservation. It is my professional opinion that the proposed construction of a single family dwelling will have no adverse impact upon the Mr. Robert J. Miller Page 2 November 12, 1986 nearby wetlands. A natural berm exists at the top of the slope on which the wetland margin has been delineated. Drainage from the house site goes from east to west, and thus is directed away from the wetland. To ensure that no inadvertent activity occurs near the top of the slope, I have suggested that a silt fence backed by haybales be installed along its edge. These suggestions are reflected in the Project Plan. Attached you will find a Biological Evaluation on the wetland itself and the surrounding area. Also, at your request, I enclose a statement of my credentials. Please let me know if I can be of further assistance. Sincerely, C. 1IOJ6 Penelope C. Sharp Environmental Consultant Enclosures _ BIOLOGICAL EVALUATION for FRESHWATER WETLANDS ADJACENT TO MILLER PROPERTY FISHERS ISLAND, NEW YORK On Wednesday, November 12, 1986, a field investigation was conducted at the Miller property on Fishers Island, New York. The purpose of the investigation was to examine freshwater wetlands adjacent to the property and to determine what impacts, if any, will occur to the wetland system from the proposed construction of a single-family dwelling. Middle Farms Pond is a large body of water (in excess of 20 acres surface area ) that has a small lobe extending to the southwest. This lobe is no longer open water and is best classified as a scrub shrub swamp. The northern boundary of the Miller property abuts the swamp. At this edge, there are two large red maples (A cer rubrum) and a mix of shrubs. Sweet pepperbush (Clethra alnifolia) is the dominant shrub, and highbush blueberry (Vaccinium corymbosum) is well represented. Winterberry (Ilex verticillata) is scattered along the margin. South of the shrub swamp is a fringe of water willow (Decodon verticillatus) . Beyond this fringe is a stand of shrubs, primarily sweet pepperbush. Winterberry and highbush blueberry are also present on the shrub mat as are a number of sapling sized red maples. A steep, north-facing slope rises up from the water willow fringe. Vegetation normally associated with wetlands has colonized on the slope; however, the soils are not saturated. A dense thicket of sweet pepperbush dominates the slope. Other shrubs include highbush blueberry and northern arrowwood (Viburnum recognitum) . Along the slope are several red maples of 4" to 6" dbh. There is an absence of herbaceous vegetation, most likely due to dense shade during the growing season. The slope appears to be a transitional area between wetland and upland. Some of the reasons for the presence of wetland vegetation on the slope might include the following: a steep, north-facing slope is a fairly harsh environment for plants; a main seed source for this area is the wetland; sweet pepper bush spreads vegetatively and is not restricted to wetland habitats. In fact, none of the plants growing on the slope are wetland dependent in a strict sense. S -2- In determing the wetland boundary, a conservative approach was used; however, one could argue that the boundary occurs at- the toe of slope where the water table is at or near the surface. A sketch of the area showing the approximate locations of the pond, swamp, fringe, and transitional zone is attached. Reference should also be had to a Project Plan dated November 10, 1986 showing the proposed site, including the wetland boundary as I have determined it conservatively in favor of the wetland using the New York State vegetational definition. The important issue is the impact of the proposed construction upon the wetland system. Because the elevation of the proposed dwelling is at least 20 ' above the pond itself and the topography is such that drainage from the house location moves westerly rather than northerly, house construction on the proposed site is very unlikely to result in any long-term adverse impacts to the wetland. Moreover, due to the careful planning and siting of the proposed dwelling, land disturbance will be kept to a minimum. Use of silt fence and/or haybales will prevent any erosion and sedimentation from occuring. With the use of these precautionary safeguards, it is my opinion that there is no risk to the wetland area posed by the implementation of the Project Plan. Dated: Penelope C. Sharp Penelope C. Sharp 225 Reeds Gap Road East Northford, CT 06472 203-484-0134 RESUME EMPLOYMENT 7/79 Town of Wilton, CT. Staff Conservationist. Duties present include preparation of site -analyses on site plan, subdivision, and wetlands applications, interaction with other town agencies, presentation of environmental ,:;"' ' information to the public. Also, preparation of Open Space plan and field brochures on town-owned park land.=`.'�_. Supervision of volunteers and consultants. Preparation'";" of budget. - 10/81 m Private consulting on evaluation of inland wetlands, present including comprehensive town-wide assessments for Town of Westport and Simsbury; town-wide resource - inventories of privately owned open space parcels in Town of Redding for Redding Open Lands, Inc. ; individual site evaluations of wetlands in Newtown, Greenwich, Westport, Bethel, Farmington, Redding,' Danbury, and Brookfield. Coastal Site Plan review of properties in Stamford. Tidal wetland evaluations in East Haven. 9/79 - Yale University, New Haven, CT. Associate Editor, 6/81 Yale Forest School News. 6/78 - Connecticut Council on Environmental Quality, Mass. 9/78 Audubon Environmental Intern. Duties included analysis ',,', of proposed state construction projects - transportation corridors; power facilities siting, ptc. - for environmental impact. Preparation of site reviews for all projects studied. _ 11/76 - Connecticut Coastal Area Management Program, Mass. -_ 7/77 Audubon Environmental Intern. Public Participation Assistant. Duties included research, scripting and photography for slide presentation on historical and current problems in land use along Connecticut's coastline. Edited CAM publication "Long Island Sound: ="vw An Atlas of Natural Resources". P• 9/74 - Whitby School, Greenwich, CT. Science Department 6/76 co-chairman and teacher Science 4-61 student advisor. 9/72 - Whitby School. Part-time science teacher, grades 6/74 4-6. EDUCATION Master of Forest Science May, 1979 Yale University, School of Forestry and Environmental Studies, New Haven, CT. Areas of concentration included ecology, botany, soils, and resource policy. Graduate courses in non-degree programs: Ornithology; Field Biology Southern Connecticut State College, New Haven, CT. 1976-1977 Environmental Education Pace University, Pleasantville, NY. 1974-1975 Fairfield University, Fairfield, CT. 1973-1974 Bachelor of Arts. 1960. Sarah Lawrence College, Bronxville, NY MUNICIPAL GOVERNMENT Town of North Branford, CT: 1977-18 Member, Conservation Commission 1979-83 Chairman, Conservation Commission 1978-84 Member, Inland Wetlands Agency 1984-present Vice Chairman, Inland Wetlands Agency 1983-84 Member, Planning & Zoning Commission DIRECTORSHIPS 1974-79 Greenwich Audubon Society Chairperson of Education. Committee, 1974-77. 1976- Preserve Management Committee, Altschul Preserve, present Byram River Preserve Connecticut Chapter of The Nature Conservancy. 1983- Preserve Management Committee, Weir Preserve present Connecticut Chapter of The Nature Conservancy. 1977-82 North Branford Land Conservation Trust, Inc. 1983- Soil Conservation Society of America, South New present Chapter, Council Member. 1984- Connecticut Association of Conservation and Inland present Wetland Commissions, Board Member and Secretary. TECHNICAL REPORTS The Vegetation of the Thimble Islands Branford Connecticut, 1986. Co-author. Open Space Plan for Town of Wilton, 1983. Redding Resource Reconnaissance I for Redding Open Lands, Inc. 1982. The Byram River Preserve Management Plan for the Nature Conservancy Connecticut Chapter, 1980. The Wilderness School - A Land Use Management Plan, 1979. Co-author. A Primer of Cooperative Watershed Management for New York and Connecticut - based on a case study of the Byram River Watershed, 1978. Co-author. Ecological Reconnaissance Survey of Town-Owned Properties Guilford, Connecticut, for Guilford Conservation Commission, 1978. . Co-author. PUBLICATIONS AND ARTICLES "Nature Notes", a bi-monthly column for the Connecticut Department of Environmental Protection publication, Citizen's -Bulletin. 1976-present. "A History of New Haven Harbor" in Bulletin of the Archaeological Society of Connecticut. Number 42, 1980. MEMBERSHIPS Soil Conservation Society of America Connecticut Botanical Society Society of Wetland Scientists TRAINING WORKSHOPS Strategic Planning, July, 1983. Time Management, July, 1984. Planning and Directing, July, 1985. 14-12.4(3/82) --77— � NEW YORK STATE DEPARTMENT OF.ENVIRONMENTAL CONSERVATION NOTICE OF COMPLETE APPLICATION Applicant: Robert rliller Date: _2 4 <37 Address: 15 =Farrell Rd....._.:.. ........ . . :.. ... Weston, Ct. 06883 Permits applied for and application number(s) Freshwater wetlands 10-86-1669 Project description and location.Town/City of Southold County of Suffolk Construct a single family dwelling and associated sanitary system 70' and a minimum of 100' respectively from .Freshwater Wetlands. ':ze project is "located on Lot 3 of the minor subdivision for Robert miller off Rain road, SCTM No. 1000-008-1-4.10, Fishers Island. SEQR DETERMINATION: (check appropriate box) ❑ 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. CThSEQR-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 None designated. AVAILABILITY 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{arch 20,1987 CONTACT PERSON: Dennis W. Cole, Sr.Env.Analyst R1dg.40,SUNY,Rm.219 Stony Brook, '�' 11794 (516) 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: 0-required ❑ not required R If required, please consult the accompanying transmittal letter for further instructions. u i ,:�upv. ,"1.o`r "outdold J CC: Chief Executive Officer o Environmental Notice Bulletin, Room 509, 50 Wolf Road, Albany, N.Y. 12233-0001 File US';7%?S SUPERVISORS OFFICE TOWN OF SOUTHOLD