HomeMy WebLinkAbout3692
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
,~$3:"RT J. ~ .......
JOSEPH H. SAWICKI
James Dinizio, Jr.
Southold Town Board of Appeals
HAIN RrlAD- STATE ROAD 25 SOUTHDLD, L.I., N,Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE BOARD OF APPEALS
At a Meeting of the Zoning Board of Appeals held on
October 26, 1988, the following action was taken:
Upon Application of STEPHEN J. PERRICONE and NEIL DURAZZO
for a Variance to the Zoning Ordinance, Article XI, Section
100-119.2B, for permission to locate building within 75 feet of
the nearest wetland along "dredged canal" off Deep Hole Creek,
premises located along the north side of Lupton Point Road,
Mattituck, NY, and identified on the Suffolk County Tax Maps as
District 1000, Section 115, Block 11, Lot 22.
WHEREAS, on November 5, 1987, a Notice of Disapproval was
issued by the Building Inspector for the above project; and
WHEREAS, an application for a Variance was filed Novem-
ber 6, 1987 under Appeal No. 3692; and
WHEREAS, on May 17, 1988, Local Law No. 15 of 1988 of the
Town of Southold was adopted and enacted by the Town Board; and
WHEREAS, Local Law ~15-1988 amended the Provisions under
Section 100-119.2, subsection B of the Zoning Code, to exclude
those projects which are upon "lands not bulkheaded and are
subject to a determination by the Board of Town Trustees under
Chapter 97 of the Code of the Town of Southold"; and
WHEREAS, Local Law 915-1988 was filed with the Secretary of
State on May 25, 1988 and is in effect at this time; and
WHEREAS, the subject premises is not bulkheaded and has
received a conditional permit from the Southold Town Trustees
dated December 17, 1987;
P&~e 2 - Appeal No. 3692
Matter of PERRICONE/DURAZZO
Action Rendered October 26, 1988
(Appl. No. 3692 - PERRICONE/DURAZZO, determination, continued:)
NOW, THEREFORE, on motion by Mr. Goehringer,
seconded by Mr. Grigonis it was
RESOLVED, in accordance with the May 17, 1987 amendments of
Article XI, Section 100-119.2, Subsection B, this Board is
without jurisdiction, as applied.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and
Dinizio. (Members Sawicki and DOyen were absent [due to serious
family illness]). This resolution was duly adopted.
lk
GERARD P. GOEHRINGER
CHAIRMAN
RECEIViD AND 'fiLED BY
Town Clerk, Town o{
V
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
®1 TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR. October 27, 1988
JOSEPH H.SAWICKI
JAMES DINIZIO, JR.
Gary Flanner Olsen, Esq.
Main Road, Box 706
Cutchogue, NY - 11935
Re: Appeal No. 3692 - S. Perricone and N. Durazzo
Dear Gary:
Transmitted herewith for your file and perusal is a copy of
the determination rendered by the Board of Appeals .at our Regular
Meeting held last evdning concerning the above application.
Please be sure to return to the Building Inspectors' Office,
and any other agencies which may be involved, for other actions
or permits which are appropriate. Copies of this decision have
also been furnished to the Building Department and Town Trustee
Offices to update their files.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Enclosure
Copy of Decision to:
Office of the Town Trustees
Office of the Building Inspectors
Suffolk County Department of Planning
Mr. Stephen Perricone
Mr. Samuel Ganshaw
-NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL. CONSERVATION
,.,.Regulatory, Affairs .Unit •"
.Bldg. 40, SUNY--Room 219 ,
; .Stony'Brook, NY. 11794
.(516) 751-7900
July 15th, 1985
.. r1. r .. , • " ,
North Fork Property Development
Mattituck, New York' 11792
RE: PERMIT NfJ. 10-84-0621 .'
Dear Sirs:. 4
In conformance. with the requirements "of the State Uniform' Procedures Act'
(Article` 70,''ECL). and ,its ;implementing Regulations. (6NYCRR,.' Part".621) we
are enclosing your: permit. Please read all conditions carefully. . If
you are.unable, to comply with any ,.conditions, "please contact the „
Regional. Regulatory,Affairs, Unit, NYS,Department :of Environmental,
Conservation, -State.University ,of .New'York at Stony'Brook, Building 40,
Stony.Brook,,.New York. "
Also enclosed is;a permit sign Aich,you are- to conspicuously post .at.'
the project site protected from the weather.
Very truly yours,
fs Charles' T. Hamilton
Alternate. Regional
Permit`Administrator:
CTH:co',s /1
Enclosure
. Lf .41;i :1 j',t. f ,L r,.,•f "i sl -.. - It .. :.1.: , i .• •
• 1 .. -
NEW YORK STATE RTMENT OF ENVIRONMENTAL CONSERVATION 10-84-0621 '
PERMIT
"UNDER THE ENVIRONMENTAL CONSERVATION LAW
HARTICLE 15, (Protection of Water) X ARTICLE 25,(Tidal Wetlands)
ARTICLE 24. (freshwater Well LJ ARTICLE136, (Construction in Flood Hazard Areas)
411T ISSUED TO
• I
orth Fork PrORerty Development
DRESS OF PERMITTEE '
.0. Box 41 Mattituck New Yorkt• 11792
CATION OF PROJECT(Section of stream, tidal wetland,dam, building):
fs Lupton Point Road,'Lots' 21 & 22
SCRIPTION OF PROJECT Construct San tary systems on Lots an 2, with the leaching rings 70 from
he dredged canal 'on Lot 22 and 80' from the dredged canal on Lot 21, in accordance with the
'fan g—ntitle , Map of-Property - North For " Property Development, contained in .appendix (B)
.n the June 12th, 1985 decision. I ,
)MMUNITY NAME(City,Town, Village) TOWN
:attituck Southold
)UNTY FIA COMMUNITY NO.' DAM NO. PERMIT EXPIRATION DATE
December 31st, 1986
';uf f olk
GENERAL CONDITIONS
1. The permittee shall file In'the office of the appropriate Regional B. That the Stale of New York shall In no case be liable for any damage
snit Administrator, a notice of Intention to commence work at. least 48 or injury to the structure or work herein authorized which may be caused by or
,rs in advance of the time of commencement and shall also notify him result from future operations undertaken by the State_for the conservation or
41iptly in writing of the completion of the work. Improvement of navigation, or for other purposes, and no claim or right to
compensation shall accrue from any such damage.
2. The permitted work shall be subject to inspection by an authorized
resentative of the Department of Environmental Conservation who may 9. That if the display of lights and signals on any work hereby authorized
er the work suspended it the public Interest so requires. scribed by theot n United Coast for by law,Guard shall be Installed and mainta nred
3. As a condition of the issuance of this permit, the applicant has ac- by and at the expense of the owner.
pted expressly, by the execution of the application, the full legal respon-
4ility 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-
cr suffered, arising out of the project described herein and has agreed to dance with established engineering practice and In a-workmanlike manner,
temnify and save harmless the State from suits, actions, damages and 11. If granted under Articles 24 or 25, the Deparrment reserves the right
-sls of every name and description resulting from the said project. to reconsider this approval at any time and after due notice and hearing to
C Any material dredged In the prosecution of the work herein permitted continue, rescind or modify this permit in such a mamter as may be found to
,all be removed evenly, without leaving large refuse piles, ridges across the be just and equitable. If upon the expiration or revoclAtion of this permit, the
d of the waterway or flood plain or deep holes that may have a tendency to modification of the,wetland hereby authorized has not been completed, the
use injury to navigable channels or to the banks of the waterway. applicant shall, without expense to the State, and to such extent and in such
time and manner as the Department of Environmental Conservation may require,
5. Any material to be deposited or dumped under this permit, either in remove all or any portion of the uncompleted structure or fill and.restore the
,e waterway or on shore above high-water mark,shall be deposited or dumped site to its former condition. No claim shall be made against the State of.New
the locality shown on the drawing hereto attached, and, if so prescribed York on account of any such removal or alteration.
4ereon, within or behind a good and substantial bulkhead or bulkheads, such 12. This permit shall not be construed as conveying to the applicant any
s will prevent escape of the material into the waterway.
right to trespass upon the lands or interfere with the riparian rights of others
6. There shall be no unreasonable Interference with navigation by the to perform the permitted work or as authorizing the Impairment of.any rights,
•ork herein authorized, title or interest in real or personal property held or vested In a person not a
7. .That if future operations by the.State'of New York require an alteration' .
party to the permit. ,
the position of the structure or work herein authorized,or it, In the opinion 13. The permittee is responsible for obtaining any other permits, ap-
+f the Department of Environmental Conservation It shall cause•unreasonable provals, lands,.easements and Fights-of-way which may be required for this
,bstruction to the free navigation of said waters or flood (lows or endanger project.
;Ie health, safety or welfare of the people of the State,or loss or destruction 14. I( granted under Article 36, this permit is granted solely on the basis
,f the natural resources of the State, the owner may be ordered by the Depart- of the re granted
u of Article 36 of the Environmental Conservation Law and
_aent to remove or alter the structural .work, obstructions, or hazards caused Part 500 of 6 NYCRR(Construction in Flood Plain Areas having Special Flood-
.hereby without expense to the State; and if, upon the expiration or revocation Hazards — Building Permits) and in no way signifies that the project will be
A this permit, the structure, fill, excavation, or other modificalion of ltte free from flooding. .
:watercourse hereby authorized shall not be completed, the owners shall,'
:without expense to the State, and to such extent and in such time and manner 1S. By acceptance of, this permit the permitlee agrees that the permit
_as the Department of Environmental Conservation may require, remove all or is contingent upon strict 'compliance with the special,conditions on the
.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 '
tw made. against the Stale of New York on account'of any such removal or
alteration.
95-20-4(9/75) (SEE REVERSE SIDE)
ONDITIONS.
' . . • . .: `.,� .
Supplementary Special Conditions (A) through (J) attached
,
Additional Supplementary" Special ,Condition (10
` Additional General Conditionj.
=
.
16) A minimum'buffer area of 50': shalld theanearestad velopmentltoabe carried out
I landward edge of 'tidal wetlands .an
on the subject lots: ' No disturbances of the exis,ting' t op'ography ,or vegetation
shall be'"implemented by the applicant .withiu the aforesaid buffer`area.'
1
'
5 I
.. I
' Alternate. . Regional
. . ,. : : . . , . i ; tf �'. •
g
I PERMIT ADMINISTRAT R c ADDRESS' Bldg. 40, SUNY, Room 21.9
PERMIT ISSUE DATE 1'4 Stony Brook, New York 11194.
July 15th, 1985 Charles T. Hamilton
J.
SUPPLEMENTARY SPECIAL CONDITIONS
The following conditions apply to all permits:
k
A. If any of the permit conditions are unclear, the .permittee shall contact
the Division of Regulatory Affairs at the address and telephone noted below.
B. A copy of this permit or approval and supplementary conditions shall be
available at the project site whenever authorized work is in progress.
C. The permit sign enclosed with the permit or a copy of letter of approval
shall by protected from the weather and posted in a conspicinus location
at the work site until completion of authorized work.
D. At least 48 hours prior�to commencement of the project, the permittee shall
complete and return the top portion of the enclosed receipt form certifying
that he is fully aware of and understands all provisions and conditions of i
this permit.. Within one week of completion of the permitted work, the
bottom portion of that form shall also be completed and returned.
i
E. For projects involving activities to be accomplished over a period or more
than one year, the permittee shall notify the Regional Permit Administrator
in writing at least 48 hours to the commencement of resumption of work each
year.
F. If project design modifications take place after permit issuance, the
permittee shall submit the appropriate plan changes for approval by the
Regional Permit Administrator prior to undertaking any such modifications.
The permittee is advised that substantial modification may require sub
mission of a new application for permit.
G. All necessary precautions shall be taken to preclude contamination of any i
wetlands or waterway by suspended solids, sediment, fuels, solvents•:
lubricants, 'epoxy coatings, paints, concrete, leachate or any other
environmentally deleterious materials associated with the project work.
H. Any failure to comply precisely with all of the terms and conditions of
this permit, unless authorized in writing, shall be treated as a violation
of the Environmental Conservation Law.
I. The permittee is advised to obtain any permits or approvals that may be
required from the U.S. Department of Army Corps of Engineers, NY District,
26 Federal Plaza, New York, NY 10278, (Attention: Regulatory Functions ;.
Branch) , prior to commencement of work authorized herein.
J. The granting of this
R P permit does not relieve the permittee of the
responsibility'.of obtaining a grant, easement, or other necessary approval
from the Division of Land'Utilization, Office of General Services, Tower
Building, Empire State Plaza, Albany, NY 12242,' which may be required for
any encroachment upon State-owned lands under water.
Regional Permit Administrator
NYS Dept. of Environmental. Consetvation
Bldg. 40, SUNY--Room 219
Stony Brook, NY 11794
(516) 751-7900
DEC # 10-84-0621 '
The following conditions shall apply' if checked as applicable by the
Regional Permit Administrator:
K. All dredging shall be conducted so as to leave a uniform bottom
elevation free of mounds or holes.
L. All spoil material shall be disposed of- either in the Atlantic
Ocean or at an approved U. .
pp U.S. Government Dumping Ground, as directed
by the District Engineer, U.S. Department of the Army, Corps of
Engtheers. Any spoil material not intended for such water
disposal shall be removed from' the site and disposed of at an approved
upland site. I
x
M. All fill and spoil material shall be suitably contained at the work
site so. as to prevent its eroding, leaching or otherwise entering
into' adjacent wetlands and waterways.
N. All peripheral rip-rap berms,' cofferdams, rock revetments, gabions,
bulkheads, etc. shall be completed, prior to placement of any fill
material behind such structures.
0. All repairs to existing structures shall be confined to replacement
of existing structural elements with no change in design, dimension,
or materials, unless specifically authorized herein.
P. The following Water Quality Certification shall apply if. required
by one or more agencies. of the United States Government and if
checked as applicable by the Regional Permit Administrators:
In accordance with Section 401(a) (1) of the Clean Waters Act of '
1977 (PL 95-217) the New York State Department of Environmental
Conservation hereby certifies that: the subject project proposal
will- not contravene effluent limitations or other limitations or"
standards under Sections 301, 302, 303` 306 or 307 of the Act.
DATE July 15th, 1985
Charles T. Hamilton
Alternate Permit Administrator,
Division of Regulatory Affairs
DEC# 10-84-0621 PIYS Department of Environmental
Conservation
Building 40, . SUNY--Room 219
Stony Brook, NY 11794
(516) 751-7900
c
. / r?YSDEC, :'.e!yional .Permit Administrator
i Bldg. 40, SLUTY—Room 219
Stony. xrook',. M 11794 .
M Permit PIo.
. Issued. to.
(Agent)
Dear Sir:
., Pursuant to"General Condition Plumber. 1 of the above"referenced permit you are
hereby notified that the authorized_ activity shall commence on !
, This notice is to be sent at least two,days- in advance of commencement of the
project.
The pert!Lit sign will be posted at the site and copy of permit will be available
at site' for inspection.' .
Submitted by
Failure• to notify or post sign ,will..leave olmer .and/or contractor subject to
applicable penalties for'non-compliance with permit,_conditions.
w--.. -- -- . --- - .-- .
PIYSDFC, Regional Permit Administrator
Eldg. 40, SUY'Y--Room 219
Stony Brook; P;Y 11794
Permit Teo.
RE;.
Issued ao
(Agent)
Dear Sire
Pursuant Ito General, Condition Number 1' of the above referenced permit you are '
hereby notified that the authorized activity was. completed on .
Submitted by .
(Thia notice is ao be'sent to above. address promptly up on completion of
preset). . railure 'to notify"will leave owner and/or .contractor subject to
applicablepeualties for.,.nrni-equip]ian;ce.with. permit'conditions.
rnil ..
Y BOARD OF APPEALS 2-11-88
SOUTHOLD TOWN :-
SOUTHOLD,N.Y. B ;;';T c CkS
'
DEAR SIRS: r
AS ONE CAN SEE BY THE ATTACHED MAP DEPICTING '=
THE PROPOSED LOCATIONS OF MR. PERRICONES TWO
SPEC HOUSES , A PORTION OF THE HOUSE ON LOT # 22
FALLS IN FLOOD PLAIN B . ALL OF THE PROPOSED HOUSE ON
LOT# 21 FALLS WITHIN FLOOD PLAIN B,:. THIS ACCORDING TO,
THE U.S.GEOLOGICAL SURVEY.
ADDITIONALLY IF YOU WILL INSPECT THE TRUSTEE RECORDS
YOU WILL FIND THAT THEIR MEASUREMENT OF THE 50'
BUFFER ZONE COMES WITHIN 51' OF THE PROPOSED FOUNDATION
ON LOT # 22 . WHEN I ASKED WHY APPROVAL HAD BEEN GIVEN
FOR CONSTRUCTION_, KNOWING THAT THE DEC RULING FORBIDS
DISTURBING OF THE BUFFER AREA, I WAS TOLD THAT OTHER
r
R
AEENCIES' WOULD BE RESPONSIBLE TO SEE THIS DID NOT OCCUR. . .
Fr.e BUILDING DEPT. etc. IT IS ALSO RULED THAT A LOW
BERM MUST BE BUILT AT...THE BACK OF THESE LOTS TO PROHIBIT
• RUN OFF ONTO THE 50' BUFFER ZONE. HOW CAN THIS BE-
ACCOMPOLISHED IN ,1 to 3 feet OF SPACE ON LOT.-# 22 ?
I ASK"YOU,.-WHAT'_IS THE GOOD OF HAVING LAWS ENACTED
TO PROTECT OUR WETLANDS-and BAYS. WHEN ALL A DEVELOPER,
NEEDS TO -DO IS APPLY FOR A VARIONCE ?
SI ERLY,
,\ ... �- �,Y,✓ice �'.��.� ... - '� -
t �
'7._(J'
Qr
C/ HENRY P. SMITH, President
TELEPHONE
JOHN M. BREDEMEYER, Vice-Pres.
(516) 765-1892
PHILLIP J. GOUBEAUD
ALBERT KRUPSKI, JR. p
ELLEN M. LARSEN � �x-T�A
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
December 18, 1987
Mr. Stephen Perricone
P. O. Box 41
Mattituck, New York 11952
Re: Lupton Point Road, Mattituck - 1000-115-11-22
Dear Mr. Perricone:
The following action was taken by the Board of Town Trustees during
their regular meeting held on December 17, 1987 regarding the above matter:
WHEREAS, Stephen Perricone applied to the Southold Town Trustees for a permit
under the provisions of the Wetland Ordinance of the Town of
Southold, application dated September 24, 1987, 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 December 17, 1987 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 Stephen Perricone BE AND HEREBY IS GRANTED PERMISSION UNDER TH
PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO:
Clear and construct a one family dwelling, decks and necessary sanitary system on
property located on Lupton Point Road, Mattituck.
This permit will expire on December 17, 1989 if work has
not commenced by said date. There are two inspections required and
Page 2.
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.
This permit is approved in accordnce with the D.E.C. permit and that a low berm
is constructed at the 50' line as derived by the D.E.C.
A $10.00 Wetland Inspection fee is now due and payable. Upon remittance
your permit will be forwarded by mail. PLEASE RETURN TO THE BUILDING
DEPT. FOR A DETERMINATION ON THE NEED OF ANY OTHER PERMITS THAT
MAY BE REQUIRED FOR THIS .PROJECT.
Very truly yours,
Henry P. Smith, President
Board of Town Trustees
HPS_:ip
cc: Commissioner Thomas C. Jorling, D.E.C. , Albany
Robert A. Greene, D.E.C. , Stony Brook
Stephen Mars, Army Corps of Engineers
Thomas Hart, Coastal Management
John Holzapfel, Chairman, Southold Town C.A.C. _
Victor Lessard, Admin. , Building Dept.
Planning Board
Board of Appeals
file
Town Board of Appeals
Southold
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS _ _ _ _ _ _ . _ . . . .
JOSEPH H. SAWICKI INTER=DEPARTMENT 'MEMORAN.DUM
TO : Southold Town Trustees
FROM : Board of Appeals
DATE : December 4 , 1987
SUBJECT: Lupton Point Road , Mattituck - S . Perricone & others
Lots 21 .., and 22
Transmitted for your info.rmation ..is a copy of an evaluation
report received -tod'ay from the Suffolk County Soil and
Water Conservation District.
Copies are also this date being transmitted to the
applicant (s ) .
It is requested that your action ( s ) under the Wetland
Permit Applications pending be limited to that area
within your jurisdiction (and more particularly seaward
of the 75-ft. setback line from wetlands ) .
Thank you for your Consideration in this regard.
� vLc .mil `G -tee A)
COUNTY OF SVJ1FFOLK
Michael A, LoGrande
SUFFOLK COUNTY EXECUTIVE
SOIL AND WATER CONSERVATION DISTRICT STANLEY A.PAUZER
DISTRICT MANAGER
December 2, 1987
Mr. Gerard P. •Goehringer, Chairman
Southold Town Board of Appeals
Main Road
Southold, New York 11971
Dear Mr. Goehringer: I
On November 23, 1987 a site inspection was conducted to assess the potential
impacts Appeal No. 3693 and 3692-Perricone and Others (Variances) may have, as
per your request.
The proposed construction of dwellings on Lots #22 and 21 on Lupton Point
Drive, Mattituck could create several problems. Lot #22. is listed. as 0.41
acres and Lot #21 is listed as 0.49 acres. However, the useable area of these
lots is substantially less. Excluding water, wetlands and steep slopes the
useable area is approximately 0.25 acres each.
Soils on the lots are mapped as Riverhead sandy loam-with 3-8 percent slopes.
A test hole boring in the area of the proposed septic system's cesspools
found: leaf litter and organic matter from the ground surface to 4 inches be-
low; sandy loam from 4-18 inches; coarse sandy loam from 18-24 inches; gravely
coarse sandy loam from..'.24-32 inches; gravely loamy sand from 32-60 inches below
ground. As noted in the. Soil Survey of Suffolk County; this soil is rapidly
permeable; consequently, septic system leachate could present a pollution
hazard to nearby surface waters or shallow wells.
Development of the lots could present an additional pollution,. hazard to surface
waters (Deep Hole Creek) .from storm water surface runoff transporting lawn
fertilizer, pesticides and sediments from adjoining steep slopes.
A specific potential problem regarding steep slopes exists on Lot 21. The pro-
posed dwelling location is within a large depression. Probable filling of this
area to facilitate construction of the dwelling would result..in a steep slope
from the rear of the dwelling to the dredged canal of Deep Hole Creek. During
and after construction measures should be taken to limit soil erosion on the
slope and reduce sedimentation. of the canal. Specific recommendations for this
are available from this office upon request.
Old Counary Road, Route 59 s '` �-.. ��/�/��
Riverhead,New°lock 11901
Phow:516-727-2315
Mr. Gerard P. Goehringer - 2 - December 2, 1.987
Additional potential problems exist regarding development of these lots due
to a relatively high ground water table, at approximately elevation 2, and
the potential for seasonal flooding from tidal waters. A test hole boring
in Lot #21 in the center of .the south side of the proposed dwelling found
the ground water table to be 5.0 feet below the surface.
I hope this information will be useful to you in reaching your decisions.
If you require any additional information, please contact our office.
Sincerely,
Thomas J. McMahon,
Senior District Technician
Vz`h ,
HENRY P. SMITH, President t„ �1 :�
TELEPHONE
JOHN M. BREDEMEYER, Vice-Pres. ¢Ps
�r` a'
PHILLIP J. GOUBEAUD iG� '''':r:;,�`` (516) 765-1892
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
S.E.Q.R.A.
NEGATIVE DECLARATION
NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT
DATE: November 24, 1987
APPLICATION NO. : 581-- 1000-115-11-22
NAME: STEPHEN PERRICONE
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 on 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: To clear and construct a one family dwelling, decks
and necessary sanitary system on property.
LOCATION: Lupton Point Road, Mattituck, New York
REASONS SUPPORTING THIS DETERMINATION:
1. An environmental assessment form 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 New York State D.E.C.
it is assumed that there are no objections nor comments from
those agencies.
3. The Southold Town Conservation Advisory Council has recommended
approval of the project.
I
Board of Trustees
Page 2.
For further information regarding this application please contact:
Henry P. Smith, President
Board of Town Trustees
Southold Town Hall
Main Road
Southold, New York 11971
Call: (516) 765-1892
cc: Commissioner Thomas C. Jorling, D.E.C. , Albany
Robert A. Greene, D.E.C. , Stony Brook
Stephen Mars, Army Corps of Engineers
Thomas Hart, Coastal Management
John Holzapfel, Chairman, Southold Town C.A.C.
Victor Lessard, Admin. , Building Dept.
Planning Board
Board of Appeals
Town Clerk's Bulletin Board
file
Stephen Perricone
490. Luptons Point Roar?
Mattituck, New York 11952
�, r a November 18, 1987
V 3
7�
Southold Town Board of Appeals
Southold , New York 11971
Re : Lots 1000-115-11-21 & 22
Lu.ptons Point Road., I-iattituck, New York
Dear Board ;
I would like to voice my concern about the two above mentioned .lots
which are adjacent to My property.
We are not against building a_ home on the lots, that is one home ,
not two. The land cannot hold two homes , not with the lot sizes
and being on wetlands makes it more, difficult. The D.E.C . has
issued a permit ( 4�10-84-0621 June 12, 1985) to build., but not to
distu.rbe the vegetation from 50' from hi-tide mark. If the lots are
100 ' across, he Places the homes 35' from road edge ( which.. is not
wI'?at all the homes are in the area--ours is 55' ) what does this
leave , especially if one proposed house is 361 , the other 321 . It
leaves a back yard of approximately 15' and 5' with a 50' undis-
turbed vegetation. These are spec houses.---will they sell?
Doing: some research on the land., I have a copy of the deed. from
Edmund. Lupton and others dated. !,,'arch. 10, 1958 to halter Grabie as
a parcel noted. as Parcel 2 from land owned by Joseph Corso & wife (E) ,
right of way (PST) , to Richard. .& 'Mary. O'Brien (W) , the gutter in
Deep Hole Creek(S) . Evidently ",Ir. Grabie split up this land, -. sold
off 2 lots--one to Phoel and one to Bird. The remaining _land,
still known as 1 lot (4 acre) was then split into two ( 2) lots in
1968 and one was sold to Thomas Dougherty Jan. 22, 1968, the other
to Thomas Dougherty & Abraham Bender Nov. 13, 1968. This was
never legally filed. as a subdivision in the Town records and is
not on the Grandfathers list also in the records.
The present owners, Stephen Perricone .& Neil Durazzo purchased lot
known as 115-11-22 on December 10, 1983. On December 16, 1983 he
(S. Pe.rr.scone) applied for a vacant Land CO stating Mr.Doughert,y"
R45 Bender as owners. A Co was issued to Dougherty & Bender �Z12303
dated Tleb. 28, 1984. . Stephen Perricone & Frank. Vecchiarelli pu.r-
c'nased lot known as 115-11-21 or_ Feb. 23, 1984. Again on Dec . 16,.
1983 i�Tr. . Perr. icone applied for a Vacant Land. CC in Mr Dougherty' s
name. A certificate TZ12302 dated Feb 28, 10,84 was issued to Dougherty.
Some discrepency -on one as to ownership at the time?
I also have bef ore- the Town of Southold Property Recoed Card. Lot -
#115-11-22 states acrea e as 0.42, boundd4ies w/s 142.71 , e/s 182.22.
According-to maps submitted. by present property owners boundaries
are w/s 106 ' e/s 120. 5. Also questioning: the acreage of 0.42.
Lots 1000-115-11-21 & 22 Lu.ptons Point Road, Mattituck
Lot .m 115-11-21 you have listed on property card.--0.52 acreage . '
The property lines accordins to the property owners is E/S 222.121
IS 129.5' not the 182 ' IS as or the card. Our lot being 115-
11-20 is listed as . 25 acres, _ Tell rye how can they be larger when
our E/S is 20.85" d/S is 222.12`the front and back lines 100'and
125, same as theirs? Maybe the records had better be checked---
yours .
Again, we reitterate , we feel one house for the above unregistered.
divided lots with a 50' undisturbed vegetation (that is what is
left since the owner started clearing: August 26 , 1987, without
approval) is what we are asking ,you to approve.
Sincerely,
cc ; Southold Town Trustees
Southold. Town 1 uildins; Department
.r
z
Southold Town Board ®f Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR. November 16 , 1987
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JO$,PH H. SAWICKI
Mr. Stanley .A. Pauzer , District Manager
Suffolk County Soil and Water Conservation District
Peconic Plaza - Route 58
164 Old Country Road
Riverhead , NY 11901
Re : Appeal No . 3693 and 3692 - Perricone and Others (Variances )
Dear Mr . Pauzer:
We presently have an application pending in which the
property owner proposes to locate a new' dwelling structure
on each of the above two locations , premises located along
the north side of Lupton Point Drive at Mattituck as more
particularly shown on the attached survey copies . Both
locations are near wetlands (although not shown on the
survey) .
May we ask your assessment of this project prior to
our scheduling this matter for a . public hearing?
Enclosed for' your file are copies of the proposed
survey or sketch , County Tax Map showing t`rhe immediate
area , and any other relevant information .
Please 'don ' t hesitate to call if additional information
is necessary . Thank you for your time and assistance .
Yours very truly ,
GERARD P . GOEHRINGER
lk CHAIRMAN
Enclosures
�� o��FFo�coG F
N
Southold Town Board of Appeals
MAIN ROAD -. STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERTJ. DOUGLASS November 16 , 1987
JOSEPH H. SAWICKI
Mr . Stephen Perricone
Mr. Neil Durazzo
7470 Route 48, P .O . Box 41
Mattituck , NY 11952
Re : Appl . No . 3692 - Variance (1000-115- 11 -22 )
.gentlemen :
This letter will acknowledge receipt of your recent
application before the Board of Appeals . - The,. Board members
will•. be conducting field inspections and environmental reviews
as may be required by State and local laws prior to scheduling
your application fora _public hearing .
It is requested in the interim that you proceed with
the [ ] Planning Board ' [X] N . Y . S . D. E . C . [X] Town Trustees
concerning their jurisdiction in this matter in order that
they may submit their written comments , formal action , or
other input as early as possible . Upon receipt of their input ,
your application w.ill be scheduled for the earliest available
hearing_ date .
If the above document (s ) are submi`.tted by December 8th ,
it is .ex.pected that a public hearing would be held about the
latter part of December_. A copy of the notice of _hear-
ings as published in the Long Island Traveler-Watchman and
the Suffolk. Times . wi.11 be sent to you ' as confirmation .
Please feel free to call at any time if you have questions .
Yours very t.ruly ,
GERARD P . GOEHRINGER
.CHAIRMAN
By Linda Kowalski
P . S . Please . submit photographs of the "flagged " proposed
construction areas .and the areas seaward of the flags for
. the record . at your convenience (and prior to the hearing) .
Thank you .
�— SUFFOLK CO. HEALTH DEPT. APPROVAL
_E 7
- H:S. NO.
D/S.TL)M Cv1EA- '4•, [-: I__C-1! 4_ , 'C. s..G.; .
STATEMENT OF INTENT
------ � = THE WATER SUPPLY AND SEWAGE-DISPOSAL
Vic.-w �� i� SYSTEMS FOR THIS. RESIDENCE WILL
WA,' �. �� �" _ CONFORM 'TO THE STANDARDS OF THE
p1pE t �` �'�oP SUFFOLK CO. DEPT. OF HEALTH SERV ICES.
CV m a t0 (S) APPLICANT
h ;i SUFFOLK COUNTY DEPT: OF HEALTH
lif i� .�\ Of Pt •� \ f =1' � t � SERVICES - FOR APPROVAL OF
\cp �" CONSTRUCTION ONLY
a �� \� Pion � fl �Ll �; C� I 1• DATE:
H. S. REF. NO.:
/� APPROVED: -
SUFFOLK CO. TAX MAP DESIGNATION.:
Z �Z Gr +� DIST. SECT. BLOCK' PCL.
r - > _ .. -
D� (0
`•'� �_S Or �� ;t :� OWNERS ADDRESS:
Bc
At
. - ,��.� do-_. . : . ` - - : . •. -
1a .� t 2 _ 7 7.7.
[ DEED: L.6472 . _ P.dSC� i*'
CAL--.
�d_ .. . TEST-HOLE STAMP
. -•5•• a..a ��J -!�•r 6 e�;,��� Y� �lc,�rda,c.4�m�t�ra?iata er aa��ite�t
- -- _SAN UY t*thki .crvPy is a viotntion of
To"P5 01 L f; c�-n 7?. of Yhn Rlmm Yark MRc�
e�uvmim Lew.
= y CL-L_
(-`
S.Xh:COY �� Rp e24fae;cuRrcy my n,,Nocrir�j
_ SEPTI G TAl�!{G L AN �'�:�*c per.l shr!!rant L,s s ne*red
t-
-� �—� �--,--r- - _.._�� --— -__._ '/' t�hzrr L valir~bre;n ee�•,a.
J ! hee,_se�� 0 f.�f� � � Ai�1ENG d" a' 4�"`� �.__ 2 Cu arsa >r,lrrstirex, a
ern fi Yr 7€M s?an fw r�*rt�m tho oaarmy
! r-- �f�:r- -.._--- ------ �0.�C2. - 1 � a ass rsa:+assv,Drrd en hSz',t�s'aaE4 to�r&-
�1 t v� .G � 3 ti.1t .T cam^any. nbernrrnnt ! n�ncy>9at�l
a !s u ry ins itu«ion listed'h;Dmon uIy
I"�� ►r/� !p Ss {� 1� 1t . :-�� /f.1. 1�r �(� ., —-- — to E.a uS� F of Yhc laneZm inoti-
5 r„_r.! ..R_E ff j 4c�:i ).$:erania rro rac2 YronrCaeeF;;�
I--. ""••._
SEAL.
t4f �:RA\/EL
��=:1=T,! 1 t.vc ct�_
�� Y0
RODERICK VAN TU C . -
LICENSED LAND SURVEYORS n 2Y'rz-i' ryv
GREENPORT NEW YORK 0. CS 25h
TELEDYNE POST N32477 - - -
�s Town Hall, 53095 Main Road
P.O. Box 1 179
Southold, New York 11971
1r. ,.
JUDITH T. TERRY TELEPHONE
TOWN CLERK (516)765-1801
REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
November 6, 1987
TO: Southold Town Zoning Board of Appeals
FROM: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No.3692 application of Stephen Perricone
S Neil Durazzo for a variance. Also included in notification to adjacent property
owners; Short Environmental Assessment Form; Letter relative to N.Y.S.
Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department;
survey of property; and any other attachments relative to this application.
Judith T. Terry
Southold Town Clerk
TOWN OF. SOUTHOLD, NEW YORK
NOV 0 6 B87
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.��a
Southom Town Colt
DATE ..............................
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. .
1 (We) Steph�r�,,;Perricone; & Neil Durazzo of 7470 Route.„48,,,, Matt i t.. . .. ,,,,,.
..
Name of Appellant Street and Number
M a..t i t u c k N e,w York HEREBY APPEAL TO
............................................................................................. ......... .......
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. .................................... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Stephen Perricone & Neil Durrazzo
. .................................................................................
Name of Applicant for permit
of `
....7..47..4..RQute..4... ....................M.att.�.t.4l�k...................Nrw„York
Street and Number Municipality State
( ) PERMIT TO .USE
( ) PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY .�. , v�n� %Q nt� Rd , f l at� ;i tuck . ...1d)CFO"0 .
Street /Hamlet / Use District on Zoning Map
District 1000 Section i16 Block h�1 LotL94 -Current Stc�p h 6,��n i/c o'n)e., ,&,Itilz-Durrazzo
..............................................:..... urrent Owner e,ri P�
/vlap No. Lot No. Prior Owner A. Bender & T. Dougherty
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article Section 1�9
3, TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(k) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A .VARIANCE due to lack of access (State of Now York Town Low Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
andwas made in Appeal No. ................................Dated ............................................................. .....
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(%oo� A Variance to the Zoning Ordinance
is requested for the reason that
Form zsi (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties'_or. 'unneces=' ':::` "
sary HARDSHIP because
we cannot build a house with itnsufficient setback from the
wetlands .
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of_ this property and in_this use district because
10'0-11,926 Was '- not in effect at the time of their construction
3. The Variance' would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF- THE DISTRICT because
Douses . in -the area are the .same setback .
This project conforms to a,ll . houses in this area for setbacks
and sizes .
STATE OF NEW YORK )
ss
Su�6QLK ) ! ...
COUNTY OF ) S gnature
Sworn to this ..............1o. �........................ day of...........
°:!��!'?..6 19 �7
.. ......... Etc
Notary Public
ELI7.ABETM ANN NEVILL.E
Note Public State of New York
No.52-8125i50,October f31,olk 10 �rh/
Term Expires9�
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
Stephen J . Perricone NOTICE
TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: PROPERTY OWNER
t_
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to requesta-N-ariance (Special Exception) (Special Permit) (Other) [circle choice]
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 6.4s 7 /B 00 - S£GT Its i-O,CIT 11
3. That the property which is the subject of such Petition is located in the following zoning district: `�.�►,
Residential /
T1
4. That by such Petition+, the undersigned will request the following relief:
.4�?' � � ��Nt d�!f' l� ffti�✓1 S
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article Y-/ Section_ 4:f:yF /cro - i/,9.
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there.
examine the same during regular office hours. (516) 7�5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board. of Appeals; that a notice of such hearing must be published at,least five days prior to the date-of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices;that you or your representative have the
right,to appear and be heard at such hearing.
Dated:
Petitioner
Owners Names :fit oh n P rricale-& Neil_ Dur=n
Post Office Address
7470 Route 48, Mattituck, New York
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
STATE OF NEW YORK ) ss.:
COUNTY OF SUFFOLK )
Arai "fu�_ , residing at
being duly sworn, deposes and says that on the day
of n z", , 19 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the a ove-named persons at the addresses set opposite their respective
names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at J!o« o /a/ [,l ; that said Notices were mailed to each of.said persons by
(certified) {regfsteredi mail.
4
Sworn to before me this
day of o% , 19
41
Notary Public
EP_IZABETH ANN NEVILLE
Notary Public,State of New York
No.52-8125850,Suffolk Co
Term Expires October 31,19
(This side does not have' to be completed on form transmitted to adjoining
property owners... )
FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD. N.Y.
NOTICE OIL DISAPPROVAL
File No. . . . . . Date . .... . ►�. .�. . . . . .. 19
To . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
PLEASE TAKE NOTICE that your application dated . .)Q.o-�'`�`': . . . . .. 19 .� �. .
for permit to construct . . . a':�.2 7;,�" 71 -
� . . . . . . . . . . . at
Location of Property g� . . ye,�. a,'!-°.7�: ( . . . . . ° '. a. e. - . . .
House No. Street Hamlet
County Tax Map No. 1000 Section . . . . .1.i. 5 . . . . . Block . . . . .4� . . . . . . . Lot . . . . . . . .
Subdivision . . . . . . . . . . . . . . . .. Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . .
is returned herewith and disapproved on the following grounds
CQ
. . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . .
�.�: . . . . . . . . . . . . . . . . .
Building Inspector
RV 1/80
SHORT ENVIRO1rt• ENTAt, As ;tar:rrr r�ttl�
I1ISTRUCTIO1;St
(a) In order to answer tho quosr.ion:l in this, short EAF is is annurrnd that the
pproparer. will use currantly availabla infortnition r.oncarning tho project and the
liholy impacts of the action. It is not u::pected that uclditic,,,ttl ntildioc, roccurcl
or othor investigations will be undortalcon.
(b) 'If any question has boon anoworc,d '1,::, Lho project r-Ay br, niynilicant and
ecrplotad Environnental Assessment Foul is necessary.
(c) If all .questions have boon answered No it is likely t.hnt this: flroj,�ct In
not significant•
(d) F-hvironnentrtl Annnnnrr.ent
1. Will project result in a largo l)?lynical clxtngo
to the project situ or physically alter more
t11an 10 acres of land? Yr:; Ito
2. Will thoro bo a ma jor chnngo to arty +111ifluo or /
unusual land form found on thu site? Yon V t10
3. Will project altor or havo a la•rt;u uffuet• or,
an oxisting body of water? . . . . . . . Yen
4. Will project have a potentially lar gu impact, on
groundwater quality?
t_J 5. WJ11 project airnificantly. aff,:ct drafna ,u fiLra
r,, on adjacent oitos? . . . . . . . .
.,_ r! 6. Will project affect any tlu'antt,rlo,l or endunYero,!
ci plant or ani.^1.11 species? 'lc: , ✓Ile
Will project result in it tra,jor. udvc,n 7• rau ot'fr.ct on
- cJ air quality?
,` o
Will project Nava 'a major affect cn vinual
char.—actor of the community. or scenic vie.,:, or vintar;
lcnotm to bo i Mportane to the ru;er,un.it y'1 " Yc,:n V ,to
9. Will project advorooly impact any nita or• :,truct.-
era of.. hlatoric, pro--historic, or pt►luoncologicul
importnnce or any sito dosignated a:, it critical /
onvironmental aroa by a local atraticy? Y _ t/ 110
10. Will project have a major offoct on oxisting or
future recreational opportuniticr3'1 • - ye 110
�11. Will pro joct•result' in• rii jor traffic prohlerin or
cause a major affect to existing t:rnn:,t�ortr,tiott
12. Will pro joct: regularly catu;o ob jer_tionat,le odor,:,
noi5c, Clara, vibration, or electrical dine-urt,••
- ante as a-result of the pro,ject's Grcrati01l? _ yo!; LX10
J
13. Will pro,jact have any impact on plIbl.'ic health or
11.. 14111. pro,jact nffoct the uxiscint; C�mrn„lllty 1,y
directly c:ruslnC .1 Couth Jn ,n per' .,r.t:nt. I;c;i,uln—
tion ci' more than y rpdr'cc,nt rt cna•-your
T,criod or Ilhvr, a major n+•I;ut :t: oCfrct t,n i.P.+r /
character of ttlo cor aulnity nel,;t�►:,,, Itrcd ' , Y,..;
15. Is there pub a .ly cuticrtnii Chu pro r.t'? - --- •; L/1;o
PREPA.?ER'S S!CNATL'REl TI'rL::: ---
- -----
'QUESTIONNAIRE TO BE COiMPLETED AND SUBIMITTED
WITH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS
Please complete , sign and return to the Office of the Board of Appeals
with your completed application forms.. If "Yes " is answered to any
questions below , please be sure to depict these areas on your survey
(or certified sketch ) , to scale , and submit other supporting documenta-
tion.
I . Are there any proposals to change or alter land contours ?
Y e s
2'. a) Are there any areas which contain wetland grasses ?
(Attached is a list of the wetland grasses defined by es dV�
Town Code, Ch . 97 for your reference . )
*b) Are there any areas open to a waterway without bulkhead ? es Nc
3.. Are there existing structures at or below ground level ,
such as patios , foundations , etc? Yes N6-
4 . Are there any existing or proposed fences , concrete
barriers , decks , etc? Yes N�
5.. If project is proposed for an accessory building or
• structure , is total height at more than 18 feet above
average ground level ? State total : _ ft . Yes Inc
6. If project is proposed for principal building or
structure , is total height at more. than 35 feet above
average ground level ? State total : ft . Yes Nc
7 . Are there other premises under your ownership abutting
this parcel ? If .yes , please submit copy of deed. Yes V0
8. Are there any building permits pending on this parcel
(or abut.ting land under your ownership , ' if any) ? Yes ONO
State Permit # and Nature :
9. Do state whether or not applications are pending
concerning these premises before any other department
or agency (State, Town , County,, Village , etc . ) :
Planning . Board - Yes Nc
Town Board c
Town Trustees e _
County Health Department Yes
Village* of Green,port - Yes
N . Y . S . D . E. C. Yes _
Other Yes
10 . Is premises pending a sale or conveyance ?
If yes , please submit copy of names or purchasers
and conditions of sale . (from contract ) , Yes Nv
11 . Is ne%-r-constru.ction proposed in the area of contours =
at 5 feet or less as exists? Yes d,�')
12 '. If new construction . is proposed in an area within75 feet of wetland. grasses , or land area at ari eleva-
._tion of five feet or less above mean sea level , have
you made application to the Town Trustees for an
inspection for. possible waiver or permit under Ye N�
the requirements of Ch. 97 of the Town Code ?
13. Please list present- use or operations c-onducted upon the
subject property at this time _
and proposed mLL� ✓�fr�FLL��✓rr .
*Please submit pho raphs for the.-record .
I cer.tif at Dove statements are true and are being submitted for
e
reli y and of ApPeals-- in considering rny: application .
i a1ure Property Owner Authorized Agent
3%3 7-.: 1 k
§ 97-13 WETLANDS § 97-13
TOWN — The Town of Southold..
.; TRUSTEES — The Board of Trustees of the Town of
Southold. [Added 6.5.84 by L.L. No. 6.10841
WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26-
_ 85 by L.L.No. 6-19851:
A. TIDAL WETLANDS:
(1) All lands generally covered or intermittently cov-
ered with,or which border on, tidal waters, or-lands
lying beneath tidal waters, which at mean low title
are covered by tidal water:] to a maximum depth of
five (5) feet, including but not limited to banks;
bogs, salt marsh, swamps, meadows, flats or other
low lying lands subject to tidal action;
(2) All. banks,-bogs, meadows, flats and tidal'marsh
subject to such tides and upon whieh grows or may
grow some or any-of the following: sale hay, black
( grass, saltworts, sea lavender, tall cordkrass, high
bush, cattails, groundsel, marshmallow and low
march cordgrass; and/or
_ (3) All land immediately culjacent to a tidal wetland as
defined in Subsection A(2) and lying within seven-
ty-five (75) feet hindward of the most landward
edge of such a tidal wetictrul.
I3. . FRESHWATER �VETUNI)S:
(1) "Freshwater wetlands" Is definctl in Article-2.1, Ti-
tle 1, § 2-1-0107, Subdivisions 1(a) to 1(d) inclusive,
of the Environmental Conservation Law of the State
of New York;and
(2) All land immediately adjacent to a"freshwater wet-
land,"as defined in 5Ub8cetio11 Ii(l)tint] lying with-
in§eventy-five (75) feet landward of the most land-
ward edge of a"freshwater wetland."
( 9705 - . u
t 3efru ,,,f/
n Standard N.Y.B.T.U.Form 8002 70M—Bargain and Sale Deed,with Covenant against Grann ts—Individual or Cor,poration(Single stet)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
I 1 LIBER 9522 PAGE
1 THIS INDENTURE,made the /� day of nineteen hundred and
BETWEEN THOMAS P. DOUGHERTY, residing at 5 Pennington Drive ,
Huntington, New York 11743
and ,
ABRAHAM BENDER, residing at 21 Arista Drive
Dix Hills , New York 11746
party of the first part, and
NEI.L. D.URAZZO.;_ residing at 345 Adams Street,
Staten Island, New York
and Stephen J. Perricone , residing at 1930 Leeward Drive ,
Southold, New York
party of the second part,
WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration
paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs
or successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, situate,
lying and beingiw*K at Mattituck, in the Town of Southold, County of
Suffolk, and State of New York, in the area of Mattituck known as
Lupton' s Point and more particularly bounded and described as
follows:
3�\ BEGINNING at a point on the southerly line of a 20 foot right of
way leading easterly from Marratooka Road, 250 . 0 feet easterly
along said southerly line from the easterly line of Marratooka
Af : -: '-'� Road, from said point of beginning running along said southerly
i`;�•;. ,-,�;% line of said 20 foot right of way, South 73 degrees 28 minutes
z,,�3•;5S �s 50 seconds East 100 feet;
THENCE South 5 degrees 11 minutes 00 seconds East 182 . 22 feet
to land of Audioun, being also the center line of a gutter;
laod THENCE along said land of Audioun, being also the center line
of a gutter North 55 degrees 47 minutes 10 seconds West 125 feet
� , ►�S to land of O'Drien;
THENCE along land of O'Brien North 18 degrees 37 minutes
30 seconds East 142 . 71 feet to the point or place of BEGINNING.
TOGETHER with a right of way over said 20 foot right of way from
M the northeasterly corner of the premises westerly about 350 feet
to Marratooka Road.
BEING the same property conveyed to the parties of the first
part by Deed from Walter C. Grabie, dated 11/13/68 , recorded
12/12/68 in Liber 6472 page 456 .
TOGETHER with all the right, title and interest of the party
of the first part, of, in and to the land lying in the street in
front of and adjoining said premises.
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances
and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO
HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of
the party of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything
4� whereby the said premises have been encumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
c—�
the first part 10M.,receive'the consideration for this conveyance and will hold'the right to receive such consid-
,*�) eration as a'trit�t,f'�thd tp.be applied first for the purpose of paying the cost of the improvement and will apply
the same fir§0fo the;payf lei I.of the cost of the improvement before using any part of the,total.of the same for
�.::,.n p•: ., e,.
any other purpose:
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above
written.
IN PRESENCE OF: L14A
Thomas P. Do ert�1,;1984,
NSTERTAX UFFOLKOUNTY :�, �
LIBER 9522 PACE 232 uFFOLx
STATE OF NEW YORK, COUNTY OF i SAU ss: STATE OF NEW 01' `RUNTY OF is:
On the 0 day of `�,?�.t�,$�� 19 �� , before me On the // day of December 1983 , before me
personally came personally came
THOMAS P. DOUGHERTY i ABRAHAM BENDER
to me known to be the individual described in and who to me known to be the individual described in and who .
executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that
he executed the same, he executed the same.
EDO� y ¢� Nbb22--6�s EOEl ET
8 Notary �New Yo kNourywoN 1� n
rnl sln �Mih . QuatifiedMSfolkCeutCgm � Nr4mmission Expires Mamh30.yg4 STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY OF ss:
On the day of 19 , before me On the day of 19 , before me
personally came personally came
to me known, who, being by me duly. sworn, did depose and the subscribing witness to the foregoing instrument, with
say that he resides at No: : ' whom I am personally acquainted, who, being by me duly
sworn, did depose and say that he resides at No.
that he is the
of that he knows
the corporation described
in and which executed the foregoing instrument; that he to be the individual
knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument;
to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw
affixed by order of the board of directors of said corpora- execute the same; and that he, said witness,
tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto.
38argain anb bale Oeeb SECTION 115 . 00
WITH COVENANT AGAINST GRANTOR'S ACTS
ITLE No. 113—S-0343 BLOCK 011. 00
LOT 022 . 000
THOMAS P. DOUGHERTY and COUNTY OR TOWN Suffolk - Southold
ABRAHAM BENDER
TO
NE.IL:.DURA.Z Z.O: and__.
Recorded At Request of The Title Guarantee Company
STi;PHED! J. PERRICOPdE 4 P y
RETURN/J BY MAIL TO:
STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS S I E ph .3 I G F_Ai CO3t1�
gDittribu►ed by
TITLE GUARANTEE-
NEWYORK S. of eQ I IU q
ATICOR COMPANY Zip No. /(f 7/
u
J cL
i
I6 U AD
LU
;,;..
a '
N
Y
f-
W
kn
W
.y
L 0 \_?)j ir X�. 13
10 Et�
"IS ICA
so E J-f W, • 3 3.4 A(c)
7
21
O
I.,LE consi:RVAMC" 3
-1-111�lc I 26.3A(C)
1 4
0.;A(.)
In
24
0
(c),
t.2 6 25 J� 4
- 29
t _ly Lt 1.9A
9 A(c) re
15 COUNTY�ESF
_.�SUF FOLK
1.2 Atcl IS 4�
LO A(0 •l 27
32 2T 14
5 28 0 -?
MARRA 7'00KA 1 33.2 ?9
L2A( IF 3.6 Al 0 16 In
20 17 50 Ll
2 2.7AW
9 29 30 26 1 28
Tc IN N OF t.,M-1 . .-
SCUT NO L�l c 25
2.4444 ZG
L A KE V 1 0 2
25. 26 27) 28 3.
.. - 2
UK
22
3
22
24
6 7 4 e 21 4
23 S.SA(c) 2.3A(c15� 5 OW
LSA� I 1.5At I 6.
5 Sr
5.2 20 6
2.2 0.1 6 22
2
LIM.) g T T
2,
9
1! .3 17
4 (wn
4 5.3A(c). 1.0 A
car:
21
a 16 15
io 12
25
s
b 14
FOR 26 21 N_'
'PARCEL NO .FOR .PARCEL W SEE jP%RCEL M12 1.2 A(E)
j.EE SEC 15 1 a
NO 122 SEC NO. 123-01-001 NO.I C
SE4; SEC
FOR PARCEL NO- SEE SEC No 123-03-
_Z-08-PC4 z 028 14
LINE MATCH LINE z -TCH Z_
SEE WA. UNE
SEE 123 N
WXLES�..I)NA MTOTIIESAIISE. ALL �OPERTIES 16
.01.CE
ARE T' E FOLLOWING DISTRICTS
(NI 14 3
SCHOOL 3EVEA.vvHrowTnE It.
FUME .10FIAMIT— 'SIS"�rL _c�TT n I
E. It. n ZZ, 01 I-c
REaI P C."
REFUSE-- V-10LE
Legend KEY MAP COUNTY OF SU
RULit. Fir,Ch,"k,L s— Dit—I Li— I� 114, Real Property Tax Ser
67
62',, WA,I Ll I
VJIt,,,Lis- Light Di—i.f L;.. _k It.. County Center
---,c,L--- — P 73
W-4 L