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Home My WebLink AboutDelane, Kevin & Susan Glenn Goldsmith,President `�OF SO�jj Town Hall Annex 54375 Route 25 Nicholas Krupski,Vice President ,`O� �lO P.O. Box 1179 Eric Sepenoski l�L Southold, New York 11971 Liz Gillooly Telephone(631) 765-1892 Joseph Finora �l� �� Fax(631) 765-6641 C®Uf,� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD March 26, 2026 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: KEVIN & SUSAN DELANE 306 NARROW RIVER ROAD, ORIENT SCTM# 1000-26-3-11 Dear Ms. Moore: The Southold Town Board of Trustees received your letter dated March 18, 2026 asserting that the above referenced property is outside of Trustee jurisdiction. The Board has determined that the above referenced property is within the Wetland jurisdictional area under Chapter 275 of the Town Wetland Code. Any construction or landscaping activity on this property requires a permit from the Board of Trustees. This determination is not a determination from any other agency. Sincerely, eta- Glenn Goldsmith, President Hobson, Thomas From: Cantrell, Elizabeth Sent: Tuesday, March 24, 2026 9:30 AM To: Hobson,Thomas Subject: FW: 305 Narrow River Road, Orient Attachments: Wetland Application.pdf;435 Narrow River Road Survey.pdf,435 Narrow River Road, Wetland Permit.pdf Elizabeth Cantreff Administrative Assistant Town of Southold Board of Trustees Phone: (631) 765-1892 Fax: (631)765-6641 From:Goldsmith,Glenn<glenn.goldsmith@town.southold.ny.us> Sent:Tuesday, March 24,2026 9:25 AM To: Patricia C. Moore<pcmoore@mooreattys.com> Cc: Lori Hulse<loriskl6@hotmail.com>; Krupski, Nick<nickk@southoldtownny.gov>; Cantrell, Elizabeth <elizabethc@town.southold.ny.us>; Sepenoski, Eric<erics@southoldtownny.gov>; madison@mooreattys.com; betsy@mooreattys.com; Kevin Delane<kdelane7@gmail.com> Subject: Re: 305 Narrow River Road,Orient Ms. Moore, The parcel's regulatory history clearly establishes the presence of wetlands, and that jurisdiction is not extinguished by grading,filling, or other alterations. Accepting otherwise would allow wetlands regulation to be avoided through disturbance and illegal clearing. The record is clear: • Your office submitted a Wetland Permit application (January 12, 2024) and Administrative Amendment (March 11, 2025), both based on the existence of wetlands. • Multiple permits (Nos. 8920, 9894, 10551)were issued for this parcel,with Permit No. 10551 transferred in January 2026. • The adjacent property at 435 Narrow River Road is also regulated, with mapped wetlands extending toward this parcel. Your own January 10, 2024 application identifies approximately "1,000 square feet of wetlands" on-site and a "30.0+/-foot" setback from edge of wetlands.The permit record and survey for 435 Narrow River Road further show a flagged wetland boundary extending onto your client's property. Your consultant's report confirms that site soils have been disturbed and altered by fill, and identifies the presence of Phragmites, a recognized wetland indicator species. In the context of known prior wetlands and documented disturbance,these are indicators of a disturbed wetland system, not upland conditions. 1 Accordingly,the assertion that no wetlands exist is unsupported. The Board's jurisdiction remains. We will not issue a "no jurisdiction" letter, and any activity on this property requires a Trustees permit. Sincerely, Glenn Goldsmith President Board of Trustees From: Patricia C. Moore<pcmoore@mooreattys.com> Sent: Friday, March 20, 2026 4:56:23 PM To:Goldsmith,Glenn Cc: Lori Hulse; Krupski, Nick; Cantrell, Elizabeth; Sepenoski, Eric; madison@mooreattys.com; betsy@mooreattys.com; Kevin Delane Subject: Re: 305 Narrow River Road,Orient Thank you, Glenn,for your email. The letter of no jurisdiction is based on existing conditions. As you know,the Trustees'jurisdiction is based on a parcel's"existing conditions." I provided a qualified professional's analysis of the parcel's existing conditions. Cole Environmental found that based on these conditions,there are no wetlands on this parcel. The attached photographs do not show the property's existing conditions. Prior permit applications do not determine the existence of wetlands today. Please.provide a copy of the permit for 435 Narrow River Road. The house at 435 was constructed before construction on the subject property began. Both 305 &435 required raising the grade for the sanitary system and extensive drainage structures. Also,the Town Code was changed to cutoff the Trustee's jurisdiction when wetlands are bisected by a public road (Narrow River Road). Cole Environmental inspected the property using drones and walking the parcel and Chris Cole did not identify wetlands on the adjacent parcel (435 Narrow River Road)or the subject propety Please identify the wetlands on either 305 or 435 within 100 feet of the proposed shed. The owner submitted an application to the Trustees for the shed,as directed,without determining whether wetlands exist on the parcel. This does not give the Board jurisdiction. Thank you Pat Patricia C. Moore, Esq. _ PLEASE BE SURE TO COPY MY ASSISTANTS! betsy@mooreattvs.com and madison@mooreattvs.com --------------------------- Mailing & Physical Address: Moore Law Offices 51020 Main Road William D. Moore, Esq. Southold NY 11971 631.765.4663 Fax Number: Patricia C. Moore, Esq. 631.765.4643 2 631.765.4330 www.mooreattys.com On Fri, Mar 20, 2026 at 3:51 PM Goldsmith, Glenn<plenn.goldsmith@town.southold.nv.us>wrote: Dear Ms. Moore, We are in receipt of your correspondence dated March 18,2026, requesting a letter of"no jurisdiction"for the property located at 305 Narrow River Road,Orient.Your letter states that the property owner was"erroneously directed to file an application to the Trustees for an 'Administrative Permit'for a 10'.x 14'storage shed," and further asserts that"there are no wetlands on the property." The documented record does not support that conclusion. Although the Town's Laserfiche system is currently unavailable for public access,the subject property has a well- established history of wetland regulation.Your office submitted a Wetland Permit application for this parcel, stamped received January 12, 2024,followed by an Administrative Amendment application stamped received March 11, 2025. These submissions reflect prior acknowledgment of Trustee jurisdiction. In addition, multiple Wetland Permits have been issued for this property under prior ownership, including Permit Nos. 8920,9894, and 10551. Most recently,Wetland Permit No. 10551 was transferred to Kevin J.and Suzanne M. Delane on January 15, 2026.This history is consistent with the presence of regulated wetlands on the site. The immediately adjacent property at 435 Narrow River Road is also subject to wetland jurisdiction and has an associated Wetland Permit,further supporting the regulatory context of this area. Based on the foregoing,there is no basis to issue a letter of"no jurisdiction."The property remains subject to Trustee jurisdiction. For your reference,we have included photographic documentation of site conditions, both prior to and during construction,which further illustrate the presence of wetlands. Sincerely, Glenn Goldsmith President Board of Trustees 3 y PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Betsy Perkins Paralegal Madison Messina,Paralegal March 18, 2026 President Glen Goldsmith Southold Town Trustees - P.O.Box 1179 _ ;' Southold,NY 11971 � L�1, By Hand 1AAR 19 202-6 Re: Letter of No Jurisdiction S�Ulf,oid 'n 305 Narrow River Road, Orient t B0ar`' Dear President Goldsmith: I represent Kevin and Susan Delane,the owners of the above property. Mr. Delane was erroneously directed to file an application to the Trustees for an"administrative Permit"for a 10'x 14' storage shed which the Board denied on February 11, 2026. There are no wetlands on the property. The wetlands are located across Narrow River Road,therefore no wetland permit is required. Cole Environemental prepared a report,herein enclosed,which confirms that there are no wetlands on the subject parcel. Please issue a letter of"no jurisdiction". Enclosed is our check for the fee. V ours, atricia C. Moore Cc: Kevin& Susan Delane : 425 Montauk Highway East Quogue, NY 11942 Environmental Consulting (631)369-9445 Wetland Project Management 1y WETLAND INSPECTION REPORT MAR 1 9 2026 305 Narrow River Rd Orient, NY 11957 ;�1I SCTM No: 1000-026.00-03.00-011.000 _Board ofTrus ans A site inspection was conducted on March 10,2026 to evaluate the subject property for the presence of wetlands and associated wetland indicators. No claims are made on conditions of the site prior to the site visit.The inspection included a walking inspection of the site,visual assessment of existing site conditions, drone photography,and evaluation of vegetation, and hydrology. In addition, available federal, state, and local wetland mapping resources were reviewed prior to and in conjunction with the site visit. Based on a review of applicable wetland maps, no mapped wetlands are present on the subject property.This mapping review was used to inform the field investigation and verify observed site conditions. Any mapped wetlands were separated by a road. Trustees code 275-4-1-M states that Operations landward of a public road whereby the public road is located between the water body that is the source of Trustee jurisdiction and the operations are exempt from Trustees review. Based on observations made during the site visit, no wetlands were identified on the subject property or within 100'that were not cut off by a road.The property has been previously disturbed and developed with existing structures. Vegetative cover across the site consisted of upland species and wetland (Facultative Wetland)species that have been planted. The Groundsel Bush that was planted will grow in both wetland and non wetland conditions. There was a small area of phragmites on the western side, with no other wetland indicators present.The absence of any other wetland indicator vegetation led to the conclusion that the presence of phragmites in this small portion of the property does not indicate wetlands. Soils on site have been previously disturbed with fill brought in, changing the natural profile of the soil. Based on the site inspection conducted on March 10,2026,the review of available wetland mapping, and the absence of naturally occurring hydrophytic vegetation,wetland hydrology, it is concluded that no wetlands are present on the property. Wetlands were indicated on the adjacent properties but cut off from jurisdiction by roads. www.ColeEnvironmentalServices.com 425 Montauk Highway - - ' i" East Quogue, NY 11942 Environmental Consulting (631) 369-9445 Wetland Project Management AERIAL DRONE PHOTOS—TAKEN 3/10/26 T5 ` k ) L — t b L ° -..yeti,► 2 �]1�.�. www.ColeEnvironmentalServices.com i'LES 425 Montauk Highway East Quogue, NY 11942 s Environmental Consulting (631)369-9445 Wetland Project Management BEACHGRASS PLANTED AT SITEaoso o d 1 4 GROUNDSEL BUSH PLANTED AT SITE �?91ti www.ColeEnvironmentaIServices.com 425 Montauk Highway East Quogue, NY 11942 Environmental Consulting (631)369-9445 Wetland Project Management PRAGMITIES(PHRAGMITES AUSTRALIS) - NO OTHER WETLAND INDICATORS PRESENT _.� 1�pnff pw4. o, it a 1 CD u +� 0? `�I www.ColeEnvironmentalServices.com 425 Montauk Highway East Quogue, NY 11942 Environmental Consulting (631) 369-9445 Wetland Project Management SUFFOLK COUNTY GIS NEARMAP AERIAL WITH TIDAL AND FRESHWATER WETLANDS LAYERS NO MAPPED WETLANDS WITHIN 100' OF PROPERTY ROAD CUTS OFF TRUSTEE JURISDICTION PER TRUSTEES CODE CHAPTER 275 . / • r a 'j' E—RONMENTAL + ❑ SLOSH 2oro, \ \ ■ Freshvarer T-1 wai.nd, ... ❑ Pine R,rren Cae ' ❑ Pin.Baran CGA Zone. l ,Y - Peconic Enurary ❑ Rogram ... `■ Bound,ry MAR 19 2��6 www.ColeEnvironmentalServices.com 425 Montauk Highway r .>, East Quogue, NY 11942 Environmental Consulting (631)369-9445 Wetland Project Management ENVIRONMENTAL RESOURCE MAPPER SATELITE LAYER WITH PREVIOUSLY MAPPED FRESHWATER WETLANDS, INFORMATIONAL FRESHWATER WETLANDS AND NATIONAL WETLANDS INVENTORY NEWYORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (Environmental Resource Mapper Base Map:Satelkte oath Labels hlna dda m.p Search Tools + Layers and Legend — , !4 Wetland Layerss+w ♦� .. All I+Y..s .a p..dou.ly M,pwd Fra.nw,e.r w.elards r (Outrid.altM Adirondark ParMl • LL ww U InlormadonA Freshwater Wetland Mappin( G Nation a l Wetlands 1 .Estuarine and Mdnrinpwd[er � _ , -` j t ` Estuadne and Marine Wetland ■Freshwater Emergent Wetland Freshwater Forested/Shrub Welland lJ �r Freshwater pond _ - `� Lake other Rkedne /ram Reference Layers Tell Me More.., Need A Permlt? Should you need anything further, please do not hesitate to contact us. Sincerely, Chris Cole MAR 19 2026 Cole Environmental Services, Inc. I 631 369-9445 I L—�-0—a—iukiTown Chris@ColeEnvironmentalServices.com Board of Trustees www.ColeEnvironmentalServices.com