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HomeMy WebLinkAboutFOLLARI, GREGORY :513,k-7 � 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 C. W. Powell P.O. Box 11 Greenport, NY 11944 Re: Gregory Follari - property located L.I. Sound on the NIS of Sound Dr. , Greenport Dear Mr. Powell: Please be advised that the Southold Town Bay Constable has inspected the above referenced property and determined that a Wetland Permit from the Southold Town Trustees will be necessary for the project proposed. Enclosed for your convenience is the application. Kindly remit the completed application to this office prior to April 15, 1987 so that 'it can be expedited at the earliest possible date. Should you have any questions, please do not hesitate to contact this office at the phone number listed above. Very truly yours, HPS:JW Henry P. Smith, President Enclosure Southold Town Trustees cc- - Building Dept. Board of Appeals q FIELD1 _ REPORT — — Central Corn POLICE DEPT., r' 7 Dlaint No z Inc, -> —'r Hrnler of Occ. OWN OF SOUTFiO dent Or Crime LD N.Y. � r TT I•+•e IJ' Qi�"/ Sector Day of Occurrence Jc Cj U O U N�/27o ate of Occ. Grid No �me Co Plai 'O b Time of Occ , r9 32 4 Want Victirn �o 3 Date of Repo Address ® 3 v-it l S �Pin� c,` D.O a`' "� T — Place �u'tJ (1 0 F r0/JoZ ccurrence �oFf201 1 Phone Time out o V.�..� Time n and °v.v iia 5' ®'des O No Tour ❑Cleared BY Arrest )'U 5 �C o N 9Uor, y ®f cePtionaHY Cleared ,E -qA de �reN Hx� • ��C j"+� ) L Rl�F J W rI 6 Cq o JC y "A UJ PDTS 2 —Continuation ation RePort 9 Office Attached? O Yes Form p Shield No. ro mD uS J J C r� Supervisor • �'1 cS I March 26, 1987 TO: Don Dzenkowski FROM: Trustee Office RE: Determination on the need of a Wetland Permit Please make an on site inspection for a de- termination on the need of a wetland permit for the work proposed (see attached info) . Please submit your report on this determination. .. _ -4e Z 95. 0T(9J86)-25c NEV ::STATE DEPARTMENT OF ENVIRONMENTAL CONSEL -,—JN DEC PERMIT NUMBER EFFECTIVE DATE in-pis-i2n - La U10127 FACILITY/PROGRAM NUMBER(s) PERMIT EXPIRATION DATE(s) Under the Environmental Conservation Law N/A lae, 3/.13/f 3/9/89 Article 15, Title 3; 6NYCRR 327, 6NYCRR 608: Article 25: 328, 329: Aquatic Pesticides Water Quality Certification x Tidal WetlandsArt N Protcle 15,ection ofltle 5: Article Wat r SPDES 17, Titles 7, 8: Article 27,Solid Waste Title Manageme t* 360: Article 15, Title 15: Article 19: Article 27, Title 9; 6NYCRR 373: Water Supply Air Pollution Control* Hazardous Waste Management Article r 15 Title 3 Transport Mined Land Reclamation Coastal Water Erosion Management Articl 15, 24: Article 36:_1 Longesland JWellsS ' cle F elshwat r Wetlands Foodplan Management Article 15, Title 27: N—New, R—Renewal, M—Modification, Articles 1, 3, 17, 19, 27, 37; Wild, Scenic and Recreational C—Construct (*only), 0—Operate (*only) 6NYCRR 380: Radiation Control Rivers PERMIT ISSUED TO Gregory Follari ADDRESS OF PERMITTEE 83 Fairview Ave. , Park Ridge, NJ 07656 AGENT FOR PERMITTEEJCONTACT PERSON TELEPHONE NUMBER C.W. Powell , P.O. Box 11, Greenport, NY 11944 NAME AND ADDRES OF PROJECT/FACILITY(If different from Perml tee Long Islands Sound on the N/S of Soung r. LOCATION OF PROJECTJFACILITY COUNTY TOWN/6WAAW UTM COORDINATES Greenport Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIVITY Grade a 100'x55 x9 area to match existing slopes on adjacent properties in accordance with the approved plans and June 11, 1986 letter from the County of Suffolk Soil and Water District letter from Thomas J. McMahon (pages 1 through 3) . GENERAL CONDITIONS By acceptance of this permit,the permittee agrees that the permit is contingent upon strict compli- ance 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 pursuant to ECL§71-0301 and SAPA§401(3). 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. PF yuTO��NCE DATE P ff're . e lar JBIdg.DDRE 40 SUNY Rm. 219 Stony Brook, NY 117 4 AUTHORIZED SIGNATURE 0 1 Page 1 of 4 cc: C.T. Hamilton OJf r7' 35�i� G" °'� v 25c rr��✓✓ ,dONAL GENERAL CONDITIONS FOR ARTICLES 15(Title 5), 24, 25, 34, 36 and 6 NYCRR Part 6u0`( ) ••" 1 .u.'Thp t if future operations by the State of New York require an al- other environmentally deleterious materials associated with the ter8tion in the position of the structure or work herein authorized,or project. if, in the opinion of the Department of Environmental Conservation 14. Any material dredged in the prosecution of the work herein permitted it shall cause unreasonable obstruction to the free navigation of said shall be removed evenly,without leaving large refuse piles,ridges across waters or flood flows or endanger the health, safety or welfare of the bed of a waterway or floodplain or deep holes that may have a the people of the State, or cause loss or destruction of the natural tendency to cause damage to navigable channels or to the banks of resources of the State,the owner may be ordered by the Department to a waterway. remove or alter the structural work,obstructions, or hazards caused 15. There shall be no unreasonable interference with navigation by the work thereby without expense to the State, and if, upon the expiration or, herein authorized. revocation of this permit, the structure, fill, excavation, or other 16. If upon the expiration or revocation of this permit,the project hereby modification of the watercourse hereby authorized shall not be com- authorized has not been completed,the applicant shall,without expense plefed, the owners, shall, without expense to the State, and to such to the State, and to such extent and in such time and manner as the extent and in such time and manner as the Department of Environmental Department of Environmental Conservation may require,remove all or Conservation may require,remove all or any portion of the uncompleted any portion of the uncompleted structure or fill and restore the site structure or fill and restore to its former condition the navigable to its former condition. No claim shall be made against the State of and flood capacity of the watercourse.No claim shall be made against New York on account of any such removal or alteration. the State of New York on account of any such removal or alteration. 17 If granted under Article 36, this permit does not signify in any way 11. That the State of New York shall in no case be liable for any damage that the project will be free from flooding. or injury to the structure or work herein authorized which may be caused 18. If granted under 6 NYCRR Part 608,the NYS Department of Environ- by or result from future operations undertaken by the State for the mental Conservation hereby certifies that the subject project will not conservation or improvement of navigation,or for other purposes,and contravene effluent limitations or other limitations or standards under no claim or right to compensation shall accrue from any such damage. Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 12. Granting of this permit does not relieve the applicant of the responsi- (PL 95-217)provided that all of the conditions listed herein are met. bility of obtaining any other permission, consent or approval from 19. All activities authorized by this permit must be in strict conformance the U.S.Army Corps of Engineers, U.S.Coast Guard, New York State with the approved plans submitted by the applicant or his agent as part Office of General Services or local government which may be required. 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 SPECIAL CONDITIONS All movement of soil is to be in a southerly direction from the face of the bluff. NNo of 1_ or .brush is to be placed on the face of the bluff. If a house is to be constructed it is to be placed no further north than the existing dwell Ii ng to the west. ,_—_- -----__--- - - -----. All disturbed rbed areas are to be vegetatively stabilized within two weeks of final grading with beach plant species as specified by the Soil Conservation Service's letter. Supplementary Special Conditions (A) through (J) attached. Additional Supplementary Special Condition (M) attached. KJ j oa C, 1.3, DEC PERMIT NUMBER 10-86-1233 PROGRAM/FACILITY NUMBER N/A Page 2 of 4 C a TF.E FOLLOWING CONDI`i'IOUS SEALL .', PLY IF CHECKED AS APPLICABLE DY TIE REG10I?AL PERMIT t01-1I1TISTRATOPt. K. All dredging shall be conducted so as to leave a uniform bottom elevation free of mounds or hole-3. L. All spoil material shall be disposed of either in the Atlantic Ocean or at an approved U.S. Government Dumping Ground, as directed by the District Engineer, U.S. Depart- ment of the Army, Corps of Engineers. Any spoil material not intended for such water disposal shall be removed from the site and disposed of at an approved upland site. X I:. All fill and spoil material shall be suitably contained at the work site so as to prevent its eroding, leaching o;: other- wise entering into adjacent wetlands and waterways. 11. All peripheral rip-rap berms', cofferdams, rock revetments, gabions, bulkheads, etc. shall be completed prior to placeme-at of any fill material behind such structures. 0. All repairs to existing structures shall be confined to placement of existing structural elements with no change is design, dimension, or materials, unless specifically authorized herein. REGIONAL PERMIT ADMINISTRATOR Division of Regulatory Affairs DATE; 3/10/87 ITYS Dert. of Environmental Conservation Bldg. 40, SUM, Room 219 Stony Brook, I•?Y 11794 DEC # 10-86-1233 (516) 751-7900 Page 4 of 4 1907 COUNTY OF SUFFOLK I• ' CCU PETER F.COHALAN SUFFOLK COUNTY EXECUTIVE SOIL AND WATER CONSERVATION DISTRICT STANLEY A. PAUZER DISTRICT MANAGER 'i June 11, 1986 Mr: Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer: In reference to your request for our assistance in assessing Appeal No. 3502 - Gregory Follari (Variance), please be advised that a site inspection was con- ducted on June 11, 1986. • During the inspection I noted that the parcel of land is vegetated with herbaceous and some woody plant materials and that the general slope is toward the south. Regarding the bluff, I found the bluff face well vegetated from approximately 12-15 feet below the top to •the bluff toe. The toe appears stable, although no structures are present. Numerous large boulders along the beach may be contributing to the stability. The bluff face slope is much flatter than the natural angle of repose except for along the upper edge where there is an almost vertical drop .of 12-15 feet. The near vertical section of the bluff should be cut back to form a maximum 2:1 slope. . This would move the existing top of the bluff approximately 24-30 feet southward. Spoil material from cutting back the bluff top should not be allowed to fall onto the bluff face if possiblep since it could destroy the existing vege- tation. All disturbed areas on the bluff should be vegetated with American beachgrass; planting information is available through this office. I hope this information will be useful to you. If you require any additional in- formation, please contact the office. Sincerely, Thomas J. McMahon, Senior District Technician 127 EAST.MAIN STREET RIVERHEAD.NEW YORK 1 1901 (516)727.2315 FORM NO.3 -.- i TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL n n ` Date . . . 1 7 (A 19 Q/ . . . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . . . . . . . . . ., 19 . for permit to ' C� S . .anki .� a !�+. C7�. . s►�c.�-K.rY . . at Location of Property . . . . . v� d-;�-�; . . . . . . . . . . . e • • • -?-?-'a 6? house No. StreQt Hamlet County Tax Map No. 1000 Section . . .C7.` . 3 . . . . Block . . . . . R.1. . . . . . Lot . .1. . . . . . . . . . . . v Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds .L,�t'lvl�•c:rs4 .-�1(. . ��?? -��q•�- r.?%4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . .'• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i • • • • • • • • • • • w •.• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • . • • • . . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • . • • • •.. • • • • • • • • • • • • • • • • • . • • • • • • • • • • • • • •.. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • . • • • • • . • -o C L al.OL ` . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector RV 1/80 \ � NT- Fair ail h k Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3546 Application •Dated August 13 , 1986 TO: Marie Ongioni , Esq . [Appellant (s) ] as Attorney for MR . GREGORY FOLLARI 218 Front Street Greenport , NY 11944 At a Meeting of the Zoning Board of Appeals held on June 18 , 1987 , the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section [ X1 Request for Appeal to Re-Grade Area Within 100 Feet of Sound Bluff, at Variance from Condition #2 of Appeal No . 3502 Rendered July 31 , 1986 Application of GREGORY FOLLARI for a Variance from prior Appeal No . 3507 rendered July 31 , 1986 to permit the regrading of area within 50 feet .of the top of the existing bank/bluff along the Long Island Sound in accordance with N . Y . S . Department of Environmental Conservation Permit #10-86-1233 issued March 10 , 1987 . Location of Property.: North Side of Sound Drive , Greenport , "Map of Section Four - Eastern Shores" Lot No . 117 , Map No . 4586 ; County Tax Map Parcel No . 1000-33-1 -15 . WHEREAS , a public hearing was held , and concluded , on April 23 , 1987 in the Matter of the Application of GREGORY FOLLARI under Appeal No . 3546 ; and WHEREAS , at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS , the Board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the Board Members have personally viewed and are familiar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , the Board made the following findings of fact : 1 . By this application , appellant seeks relief from Condition No . 2 to regrade a 50 ' by 100 ' area at the top of the bluff area along the Long Island Sound as restricted by this Board ' s action under Appeal No . 3507 rendered July 31 , 1986 . 2 . The premises in question is located along the north side of Sound Drive , Greenport , is identified on the Suffolk County Tax Maps as District 1000 , Section 33 , Block 1 , Lot 15 , and is more particularly referred to as Lot 117 , "Map of Section Four - Eastern Shores , " filed in the Suffolk County Clerk ' s Office as Map No . 4586 . (CONTINUED ON PAGE TWO ) DATED: June 18 , 1987 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No . 3546 Matter of GREGORY FOLLARI Decision Rendered June 18 , 1987 3. The subject premises has previously been vacant and is presently improved with a single-family dwelling , constructed under Building Permit #15255Z issued September . 10 , 1986 , and pending at this time . . 4. The subject premises consists of a total area of 32 ,007 sq . ft . , lot width of 100 feet , and lot depth of 322 . 7± feet. The shortest distance from the southerly property line along Sound Drive to the top of the bank/bluff area , as scaled .on the April 1 , 1981 survey prepared by Roderick Van- Tuy_1 , P. C . is shown to be 195± feet. 5 . . By prior action of this Board , appellant was granted permission to locate a new single-family dwel.ling with a setback at its closest point from the edge of the top of the bluff/bank at 65 feet. Article XI , Section 100-119. 2 , subparagraph A(1 ) requires all buildings -proposed on lots adjacent to the .Long Island Sound to be set back not less than one-hundred (100 ) feet from the top of the bluff or bank. 6 . Condition #2 of the Board ' s prior action stipulated as follows : " . . . 2 . There shall be no disturbance of land area within 50 feet of the top of bank , except for maintenance of vegetation , shrubs , etc . . . . " 7 . In the application , it is stated that without permission to regrad.e this area , the property would be nearly worthless as waterfront property. No evidence has been submitted as required by the Courts to support this claim. 8. It is the position of this Board that it is the intent of Article XI , Section 100-119. 2 , subparagraph A(1 ) of the Zoning Code to prohibit any and all construction within 100 feet of the bluff; and that the relief condi - tionally granted under the prior Appeal , No . 3502 , is an alternative to that. initially applied for. Such condi - tions must be—adhered to . Construction commenced and has and continued without consideration of possible alternatives for the dwelling construction during the process of this pending application . Removal of an eight-foot high berm in an area 50 feet deep by 100 feet is extensive , and the existence of this berm area was relief upon in .granting the prior variance. 9Q . It is the position of this Board not to allow alterations of this bluff area to remove an eight-_foot (dirt) berm of an area 100 feet wide by 50 feet deep for. waterview purposes , as applied herein . In considering this appeal , the Board also finds and determines : (a ) the relief requested is not the minimal necessary; (b) the difficulties claimed are not sufficient to warrant the relief as requested ; .J Page 3 - Appeal No . 3546 Matter of GREGORY FOLLARI Decision Rendered June 18 , 1987 (c ) , the information submitted is not sufficient to support a granting of this application ; (d ) the circumstances are unique ; (e ) to grant the relief as applied is not within the spirit or intent of the zoning ordinance ; (f) there are alternatives available other than a variance ; (g ) in view of the manner in which the difficulties arose and in view of all the above factors , the . interests of justice will be served by denying the application , as applied . Accordingly , on motion by Mr. Douglass , seconded by Mr. Grigonis , it was RESOLVED , to DENY the relief requested under Appeal No . 3546 in the Matter of the . Applications. of GREGORY FOLLARI , as applied . Vote of the Board : Ayes : Messrs . Goehringer; Grigonis , Doyen , Douglass and Sawicki . This resolution was unanimously adopted. lk GERARD P . GOEHRINGER , PTAIRMAN June - 23 , 1987 ' ` r �ll �_�,�..c�� iili'�7 �jj �../) -� V''"-'t- .�u� ,c�,<.�y - _ -- -- - � •�L' /Ji C ✓ { T ISLAND S O,U N G / f / c�,`" -*�(.off- p�� i u✓6 i / SuaVEYE� ,�De J ' .• j : . .g•,j. , . -- -- - __ m ark C��?���1��'' � -/' / / I � � THE =N �i Town! oP= Sou-r-Wo�t� l�(.� CON m 1f7� m NYSDEC SUF( - ORTED DATE _ ----- - { SUFfi K . . ca ri S E FtZ V I C 1 i CON 5O 100 STRUM I('I Scale . SO l, DATE. _-- �` i�, {� I REF.I -` I °P' .: �� f! ❑ - r .007 54, APPI4OVEI,' i I I � �'; i - nonurrterrf Sufic ink F JFFOL� ST: / FRS - r house , m Po Frouse 1--- �_I °3 ;O/2- ----___- —1 i Nc�;li-: Lo•t' rfu(rrLE;,-5 sE If , rowrf r er t0 DEEI M:Ytj Of- S�t_"C'(C)r7 �i"� �: L. f r Ic��-f�rrr Sharers ' / TEST HCofflice / ,� i O _ IV d 50- JND a � '`� see A V I ! f—tt:' nl0. (- �^- Jr' I �"llac", II _ AI 77f1e lttsurncrr� Corrrhf ' vacdrft „ r ILL I ( orcarr-F, ' vacaf?fj J f RODERICK VAN TUY_L, P.C. G 1 .02 1 LICENSED �•4,=- ��� ' � I _ . . € '� � : r LAND ! URVE ORS F2 E ENPORT ` NEW YORK