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... ....... 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. OSEPH y SAWICKI �ames U1 n1 zl o, Jr. 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 FRANK VECCHIAERELLI 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 21. - 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. 3693 ; 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 #15-1988 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; Page 2 - Appeal 1 3693 Matter of PERRICL:..�;/VECCHIARELLI Action Rendered October 26, 1988 (Appl. No. 3693 - PERRICONE/VECCHIARELLI, 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 FORM NO.3 'DOWN OF SOUTHOLD BUILDING; DEPARTMENT' TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No. Date . . . . . 19 To . . . . . . . . . . . . ... . . . . . . . . . . . . OL ... . . . . . . . . PLEASE TAKE NOTICE that your application dated 19 for permit to construct . . .�'L . . . t� . . . . . . . . . . . at Location of Property 8 . . !'. . . . . . . . . . . . . House No. Street Hamlet County Tax Map No. 1000 Section . . . . . Block . . . . . . . . . . . . I.ot . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . ... Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds 7,7, ,. . . . . . . . . . . : . . . . . . . . ... . . . . . . . . . . . . . . . . t. : . . . . . . . . . . . . . . . . . Building Inspector RV 1100 • PECE1VED 02 . SI° NOV 016 07 TOWN OF SOUTHOLD,'NEW YORK S01108MMALCM& DECISION OF BUILDING INSPECTOR APPEAL NO. 1-340 DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .�1.e,Rh.Dn...Q......PeJ:.Ci,G.o.n.Q.................of ..7..4.70...RO.IIX.P...4:$...(.P...Q... ox...4.1..l............ Name of Appellant Street and Number .........Mack...... .. ...................................... New. York..ttitu... . ...... .. ...... .. ... . . ........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 ITO,, I I, Stephen,,,J..,. Perricon,etr�Q�n�(f„IJ�'c,��R,ECL.' ....... .. . .. . . Name of Applicant ,for permit of 747G Route 48 Mattituck New York ......... .. ... . .�.................... ....................... Street and Number Municipality State . ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...�.11RIPP...P.S lAt...R�.... ...M�. .itu,��C........1.00,0 Street /Hamlet / Use District on Zoning Map District 1000 Sections l ?glock 1 iLot 21 Current Owner Stephen J . Perricone Iv1ap No. Lot No. Prior Owner A. Bender & T. Dougherty 2. PROVISION (S) OF "rHE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article I Secti on 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) .(x ) A VARIANCE to theZoning Ordinance or Zoning Map ( ) ' A VARIANCE due' to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art.. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (kg (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 (xA A Variance to the Zoning Ordinance is requested for the reason that n dCe- Seerd17S , Form zsi (Continue on other side) r i REASON FOR APPEAL Continued ' tj l: STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary-HARDSHIP because we cannot build a house without insufficient 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 100-119.2E 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 I Houses in the area are the same setback . This project conforms to all houses in thi's area for setbacks and sizes . STATE OF NEW YORK ) G Scd��Ll� ) ss COUNTY OF .. ... .... .. .. .. . ' ..... ...........`....... Signature ©V Pam 2�r Sworn to this ............. ..................... day of............ ..... Notary Public ELMABEfH ANN NEVILLE No.518125Public8Nota50aSuff k CoUork Term Expires October 31.1a OWN ®F S T OLD PROPERTY RECORD/^CARD ` OWNER STREET VILLAGE DIST.I SUB. LOT FORMER OWNER N /� , �� E/JQ�/ ff F ACR. S W TYPE OF BUILDING j, -� l2 c� Y Isi y2"I 7 - Rt?. � SEAS. VL. FARM COMM. CB. 'IC S. Mkt. Value - LAND IMP. TOTAL DATE REMARKS I i C AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM. Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD , o Meadowlond DEPTH 'House Plot BULKHEAD ' I Total i DOCK _- z I SUFFOLK CO. HEALTH DEPT. APPROVAL ?;JGT E H. S. NO. F_(__E VAJ (Q f�+�� f<. 'F E i' ' �.��;�'I J,'�t 'o�C�t\!_�E:=A L.C��%�L; P�t2 t,.l.���.0_•�. ' i � , - �, (PCstr'E,�IL STATEMENT OF INTENT P2oP. I - - THE.WATER SUPPLY AND'SEWAGE DISPOSAL 773�' -r._ -i Oi - -�_ SYSTEMS FOR THIS RESIDENCE WILL 28 �� _-� ''o`r��-`` -- -� CONFORM TO THE STANDARDS OF THE Cv ` 10 SUFFOLK CO. DEPT. OF HEALTH SERVICES. APPLICANT' p29P. Np, SUFFOLK COUNTY DEPT. OF HEALTH — �7, �ti �'n2p 'F'120t?-• Ham - SERVICES -�' FOR APPROVAL OF L- �{A(` CONSTRUCTION ONLY 3S-/�. —fiLOp DATE: 0 r to D ZOI�j^ ` 'H. S. REF. NO.: > � `.' APPROVED: cX I � dry' G SUFFOLK CO. TAX MAP DESIGNATION: j ��-� r� i 6:2 `4 ? N ' DI.ST. SECT. BLOCK PCL. OWNERS ADDRESS: ' a - t e r C1 ''it DEED: L.G�??_ P:,2G� i2I"F} - ����0` `� iXj `•� � - .. ��=.`s!<'��� i'rt"-gip:: TEST HOLE - .STAMP -r�,��.1.,Az�n'.�.,w:,..J� :.�v:.F't... E@cu�1=;�.•�i^�sltera?ien of ad!its,�t1 Slifal DY tl i'3urv9Y is t violation r of the hers Yarlc S:ztt# ! i CE St'QG�L 'I:O_F�O f.L__ I, E'uaaiial 17lM. . 1 cqpi!.R C^ ihi�s�^y rsem�2 beset __-- SEPTIC TARIIG tierznO cun,•eyc:'s irAc d 23c1 ctit _ I�:J w.t!t art isu_t San!Shr11 n_+4 be crneida in be___valid tf.oo c0p). �� e f`r �."r i )". i � o.d AM����_ ua en ,�n ocn`r v>n�scr s the.ice ,qr w ?4. , I ';, - - �� `J .� ( 2 Only W th.5 fw, thf SN p ff'j f4"ter` i` AP 2.� i�+i3�' SAND! litioin rcam and gc+ crrssnen 9an his ' ?®ncy t9t+d J _ y __�_� _ �: t " MAY ( t- l• institution list.. _ _ �__�_.�A Chi-_1*!�.L.,{•_ � : a�+horconarr. to t a .iqn fse cQ the Ir�;zctin,imii I f•t 4 r r { t ''� i t - ���� f- F "+ i _____.___— _ E,P Plii:rl.G ug-rammes Pro.nat .�i � y S d ♦ {i( {y' y ) m:,<;,le;er cl ins itutls rc or su►�rtw nc .�4•,F •',°i �a.. I '��.;,.� H F_�;L/Y SEAL 20 - - �-�u r `v" �/ ihiJ\� .j E'er RODERIIC/K VAN�L: P, `'QL Ras • � P x LICENSED LAND SURVEYORS : vl GREENPORT NEW YORK �o E�c^�S 25 .a ``a. ! TELEDYNEPOST- N32477 ^'`fir �'Fu itA;" 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. October 27 1988 JOSEPH H. SAWICKI � JAMES DINIZIO, JR. Gary Flanner Olsen, Esq. Main Road, Box 706 Cutchogue, NY 11935 Re: Appeal No. 3693 - S. Perricone and F. Vecchiaerelli 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 evening 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 AV BOARD OF APPEALS 2-11-88 SOUTHOLD TOWN SOUTHOLD,N.Y. DEAR SIRS: AS ONE CAN SEE BY THE ATTACHED MAP DEPICTING THE PROPOSED LOCATIONS OF MR.---PEFRICONES—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 501 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 AGENCIES WOULD BE RESPONSIBLE TO SEE THIS DID NOT OCCUR. 11 ,I-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 VARI&NCE ? SI�CERLY, r4_' TE: PROPOSED SANITARY SYSTEM ELE VAT I i2k-F'L ti TG al,FF. U,P_W. AE_i2fAL_- AND WILL LOCATIONS _DATUrI_,ME=Ai~t SEA L_EVULPE2 l�►��,.����� � Cj F;w. AF.L_- LUPTON POINT - MATTITUCK U S� ^`� NORTH FORK PROP . DEVELOPMENT Scale: 1.;� - 50' - - APPLICANT 5 VVaL• �0 TO MA��q-rOOtCq Q � °� _ R I G f-17' _ _�l u ----__ h1Grr Qtr�l21F r � �'4� aN 73`2 pu SO"E.yj N - _ 00. %gip ,'33 JOO.O FLOOD t` dy I . -- q t �o - LOT 23 �44 . ��� G N C�I �, • N �.t• ;� ~ CD 1 _ N U. J4J v � W w r. o r l •fir' \ -, t - N � zC44 P 04 rc om 22 .[ s= LOT � �_ , o a r_ ro \ L O T 20 � tom-- � a � �O• 6 ycq?Vq� ['.I � �. ► r // �;. ® LLJ Cr .0 0 JO, LLJ c' Co ? GLv J A P T -' NORTH- I �F ���Ot� C_._ r Y FOCI{, �'�0��]�`RY• DEVELOI�MFNT r 2-5-88 BOARD OF APPEALS P.0.BOX 32 SOUTHOLD TOWN 'SOUTHOLD,N.Y. MATTITUCK,N.Y. DEAR SIRS, , AS AN ADJOINING PROPERTY;OWNER OF THE LOTS OWNED BY NORTH FORK PROPERTY DEVELOPMENT ( STEVE PERRICONE ), ON LUPTON POINT-MATTITUCK- I AM CONCERNED ABOUT THE• GRANTING OF VARIENCES WHICH WILL ENABLE .CONSTRUCTION OF HOMES ON THESE TWO LOTS. I THEREFOR HAVE COPIED`FOR YOUR'- ' STATE OF NEW YORK PERUSAL THE RULING BY JUDGE KEARING_ON THIS MATTER. . DEPARTMENT OF ENVIRONMENTAL CONSERVATION 50 Wolf Road Albany, New York. 12233-0001 In the Matter of the Application of NORTH FORK PROPERTY DEVELOPMENT, INC. For variances from the Tidal Wetlands. Land Use Regulations with regard to the minimum setback distances for two proposed on-site sewage disposal systems on the Applicant' s- property situated on the south side of Lupton Point Road, in Mattituck, Town of Southold, Suffolk County, New York Tidal Wetlands Application No. 10-84-0621 DECISION AS-YOU MAY KNOW,Mr.PERRICONE ATTEMPTED TO CLEAR THESE LOTS TO THE WATER LINE LAST YEAR - AND WAS STOPPED BY THE -DEC. FUTHERMORE IN TALKING WITH THE DEC RECENTLY,IIOVE BEEN INFORNL THAT JUDGE KEARINGS RULING WILL' BE ENFORCED BY THE STATE. THE DEC HAS FLAGGED THE AREA THAT CANNOT BE DISTURBED AND. AS ANYONE CAN READILY SEE UPON INSPECTION OF THESE LOTS June 12 1985 THERE IS ONLY THREE TO SEVEN FEET BETWEEN THE -BACK OF THE PROPOSED HOMEd AND THE AREA WHICH IS NOT TO BE TOUCHED OR DISTURBED-ACCORDING TO THE RULING. `.� WHO WOULD BE ABLE TO LIVE: IN SUCH'A HOME IF IT WERE BUILT? I AM REFERRING TO THE WESTERLY LOT. THE OTHER LOT WOULD HAVE APPROX�WTEN FEET .A VERY PUZZLING ASPECT OF THIS IS THE Oi1VIOUS DISCREPTENCY BETWEEN THE PROPOSED LAYOUT OF THESE HOMES ON THE APPLICATION MAP AND THE PHYSICAL LOCATIONS OF THE TWO: HOUSES STAKED OUT WITH 35, SETBACKS. THINGS JUST DON'T ADD UP. A.S ANY ONE CAN SEE THERE IS NOT ROOM FOR THE SEVV SYSTEM BEHIND THE HOME ON THE WESTERLY LOT.TO ALLOW TWO, HOMES TO BE SHOEHORNED INTO THIS TINY AREA WOULD BE' UNJUSTAFIABLE AND CERTAINLY THE RESTRICTIONS UNDER WHI H THE FUTURE I ITANTS OF THESE HOMES WOULD BE BOUND BY, WOULD :BE MOST-;:CONSTRAINING 0 SAY T ' LEAS . SINC Y, . SAMUEL H.GANSHAW STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTAL �CONSERVATION 50 Wolf Road Albany, New York 12233-0001 In the Matter of the Application of NORTH FORK PROPERTY DEVELOPMENT, INC. Tidal Wetlands Application No. 10-84-0621 HEARING REPORT by ADMINISTRATIVE LAW JUDGE Samuel J. Kearlin"g, Jr . hereby submits this Hearing Report including Findings of Fact and Conclusions in the .Captioned Matt r. A minis rat a Law. Ju ge PROCEEDINGS On July 11 , 1984 , the Staff of the Department of Environmental Conservation ( the "Department" ) determined complete the application of North Fork Property Development, Inc. ( the "Applicant" ) by Charles W. Bowman, President, The Land Use Company, Wading River, New York for a permit to construct a single-family -house and on-site sewage disposal system on each of two contiguous parcels of land ( collectively the "Site" ) owned by Applicant. The subject Site is situated on the south side of Lupton Point Road, on lots No. 21 and 22, approximately 250 feet from Marratooka Road in the community of Mattituck, Town of Southold, Suffolk County, New York, as shown upon Appendix A. The Applicant seeks variances, pursuant to Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ( "6 NYCRR" ) Section 661 .13 from the 100-foot setback requirement in 6 NYCRR Section 661 . 6( a) ( 2 ) for the 2 on-site septic systems. This application was filed and processed pursuant to Environmental Conservation Law ( "ECL" ) Article 70 (Uniform Procedures) and Article 25 ( "Tidal Wetlands Act" ) ; Article 3 , Section 3-0301(b) (Cumulative Impact) and pursuant to 6NYCRR Part 661- (Tidal Wetlands Land Use Regulations) and Part 621 (Uniform Procedures ) . A Notice of Complete Application was published in the Long Island Traveler-Watchman on July 26 , 1984 and in the Department' s Environmental Notice Bu letin on July 25, 1984 . Notice of Public Hearing was published in the'Ldhg Island Traveler-Watchman on December 6, 1984 ,and in the Department' s Environmenta Notice Bulletin on "December 5, 1984 . 1 Copies of the Notice were sent by mail to the clerks and chief executive officers of the municipalities within whose boundaries the subject waters and wetlands are located, and to others who expressed interest in this Project. An adjudicatory public hearing was then held before Administrative Law Judge ( "ALJ" ) Samuel J. Kearing, Jr . , on January 3; 1985 in the Southold Town Hall, 53095 Main Road, Southold, New York pursuant to the provisions of 6NYCRR Part 624 ( Permit Hearing Procedures )'-. The Applicant was represented at the hearing by Charles Bowman, President of the Land Use Company. 2 - The 'Department Staff was represented by Dennis Cole, Environmental Analyst, Bureau of Regulatory Affairs in the Department' s Stony Brook Region 1 Office and by Frederick Mushacke, Bureau of Marine Habitat Protection, also in the Stony Brook Regional Office. Sam Ganshaw, owner of the adjoining parcel situated landward of the Site, and George D. Richards, M.D. , a nearby resident presented statements in opposition to the Applicant' s proposed Project. At the conclusion of the hearing, ALJ Kearing indicated he would make a visit of the Site and invited all persons at the hearing to the Site inspection. Representatives of the Department Staff and the Applicant and Mr . Ganshaw subsequently accompanied ALJ Kearing on the Site inspection. The stenographic record of the hearing was received on February 28 , 1985 and the record was closed on that date. ISSUES CONFERENCE An Issues Conference was conducted prior to the start of adjudicatory portion of hearing and both parties agreed that the only issue to be adjudicated was whether variances from. the minimum setback requirements should be granted for the two propsed on-site sewage disposal systems. Notwithstanding the above , during the hearing interested persons raised the issue of whether the requirement of minimum lot, size ( i . e . area) applied to the Applicant' s proposal and this Report also deals with that issue . STATE ENVIRONMENTAL QUALITY REVIEW ACT Pursuant to 6 NYCRR Part 617, the Department Staff, as lead agency, issued a determination Hof non-significance indicating that the magnitude of environmental impact of the proposed Project did not warrant the preparation of a Draft Environmental Impact Statement. 1 SUMMARY POSITION OF THE APPLICANT The Applicant contends that variances should be granted to permit the installation of on-site sewage systems for its two lots due to practical difficulties in meeting the setback requirement resulting from the size and configuration of the two lots. The Applicant further contends that the installation of the on-site sewage disposal systems as proposed would not cause any adverse effects on the adjacent tidal wetlands and the sewage disposal systems would be installed down-gradient from its own proposed well to be used for potable purposes and down-gradient from the existing wells used by persons on adjacent properties . 3 - SUMMARY POSITION OF THE DEPARTMENT STAFF The Department Staff indicated requests for variances from the setback requirements for the installation of on-site sewage treatment facilities are evaluated on a case-by-case basis . In this instance the Staff indicated that the Applicant has a practical difficulty in meeting the 100-foot setback requirement and since there are no likely detrimental effects to the tidal wetlands, the requested variances should be granted. In reaching their conclusion the Department Staff further indicated that there would be no proposed disturbances to the existing vegetation or topography within 50 feet of any tidal wetlands and this natural buffing area would tend to eliminate any .potential pollution to the wetlands from the proposed on-site sewage disposal systems . SUMMARY POSITION OF THE OBJECTORS The Objectors in this proceedings ( three nearby property owners) collectively contend that several existing properties in the general vicinity already have problems with on-site sewage disposal systems and/or water quality problems with their existing wells and consequently the requested variances , which would only add to the exiting problems, should not be granted. FINDINGS OF FACT 1 . The Applicant' s Site is a part of a 50-year-old subdivision, which is approximately 85% developed located at Lupton' s Point in the community of Mattituck, Town of Southold, Suffolk County, New York . The Site, consisting of lots No . 20 and 21 ( as shown on Appendix B) is bordered on the south by a shallow, dredged waterway or canal which flows into Deep Hole Creek to the east. The northern boundary of this dredged canal , as it appears on Appendix B, is at the elevation mean high water ( "MHW" ) and is the approximate tidal wetland? boundary. 2 . The respective lots ]located to the east (Bird property) , to the west (O'Brien property) 'and to the north (Ganshaw property) are all developed with individual residences. The Projet as proposed by Applicant conforms to the general pattern of prior development in the a -&nd-t-h-e-APT1Tcan-t'-�t..s-a_r.-e-appr o x imat e 1 y the same a a size of other lots in the general area. T e Applic further indicated that the subject lots were in single an separate ownership and in a subdivision lawfully in existence n August 20._,_- 1977 . 3 . The Applicant originally obtained permits from the Department and from the Town of Southold for the development of the subject lots. However, it was subsequently learned that the septic systems proposed by Applicant for lots No. 21 and 22 were located closer than 100 feet to the wells used by neighboring residences as their sources of potable water supply. Because of 4 - this practical difficulty the Applicant seeks to amend his existing permits to now locate the subsurface sewage systems for _ ll these lots at least 100 feet, and down-gradient, from the wells of the three neighboring residences. � 4 . The wells��S proposed by the Applicant to be dug on lots No . / 21 and 22 are located 80 feet up-gradient from the closest seepage rings from the proposed sewage disposal systems to be installed by Applicant on such lots . The installation of such wells must also meet the requirements of the Suffolk County Department of Health Services. he two concrete settling tanks, which constitute part of the two propose a dispssa�—systems, a atertight and although they are locat 0 feet and 68 feet from the tidal k wetlands, they appear to cre reat to human health or to the tidal wetlands under the circumstances presented in this application. The possibility of overflow from the settling tanks is a remote possibility, but in view of the 50-foot buffer area between such tanks and the tidal wetlands, the possibility of such an overflow appears too remote to be considered a threat to public health and safety or to present an undue adverse impact on the present or potential value of any tidal wetland. This feature of the proposed sewage systems, within a tidal wetlands adjacent area, is subject to approval by the Suffolk County Department of Health Services. 6 . The nearest seepage ring proposed for lot No. 22 is 70 feet from the tidal wetlands boundary and approximately 10 feet above mean sea level . The evidence presented concerning surface elevations was not conclusive, but nevertheless, even an elevation of 10 feet above mean sea level would not remove the sewage system from the jurisdiction of the Tidal Wetlands Act. The proposed sewage system is part of the overall Project proposed to be built on lot No. 22, and if any of the improvements are located less than 10 feet above mean sea Bevel , then the entire Project is subject to the Act. The definition of adjacent area ( "AA" ) contained in -6 NYCRR Section 661 . 4(b) ( 1 ) ( iii ) , furthermore does not eliminate such a sewage disposal system from the Department' s jurisdiction. It is also the ,opinion of Department Staff that under the circumstances presented in the Applicant' s proposal , the 70-foot setback cannot be increased without relocating one or more of the wells on neighboring parcels. Since none of the neighbors appear willing to a relocation of any existing wells by the Applicant, given the constraints present on this parcel , the Applicant has presented an optimum proposal from the standpoint of safeguarding public health and preserving tidal wetland benefits . The 70-foot setback from tidal wetlands includes a 50-foot buffer area which will not be disturbed and the elevation of approximately 10 feet moves the system well above the elevation of ground water. V oT w `c ( Cv= c !�T 0 fV II44hh 5 7 . I , regard to Lot No. 21 , the proposed setback of the nearest see ge ring from tidal wetlands is 80 feet. In this instance, th elevation of the parcel at the point proposed for such seepage ' ng, is .8 or 9 feet, above mean sea level which is a sufficient dist -nce to place the system at least 2 feet above groundwater as required by requirements of the Suffolk County Department of Health Services. Lot No. 21 wll also contain a 50-foot buffer area between the tidal wetlands and the proposed house and sewage system. The design and installation of both sewage disposal systems as ,previously indicated must also be approved by the Suffolk County Department of Health Services . CONCLUSIONS �y 1 . The Applicant' s lots are not subject to the minimum lot izes contained in 6NYCRR Section 661 .6( a) ( 5) since such lots were in single and separate ownership and contained in. a subdivision awfully in existence prior to the enactment of such regulations . 2 . The Applicant cannot meet the minimum setback requirements in 6NYCRR Section 661 . 6(a) ( 2 ) for the installation of subsurface sewage disposal systems on the two lots. The Applicant however, presented an optimum proposal to overcome, as far as possible, the practical difficulty presented by the location of Yells on the adjacent lots ' and the Applicant' s proposed Project would not present a significant threat to either public health and welfare . Furthermore , since the Project would not cause an undue adverse impact upon either present or potential values of any tidal wetland it can reasonably be concluded that the Project conforms to the spirit and intent of the Tidal Wetlands Act. 3 . In view of the foregoing Findings and Conclusions under the particular set of facts presented in the subject application it is recommended that the recruested variances should be granted allowing the proposed sewage tisposal systems to be instal)-ed 70 feet and 80 feet, respectively' from tidal wetlands_at--th-e-aoc�tions shown with a plot plan contained in A* -ix* B subject to the Departmewrt' s Standard Conditiorls-a-nd'the following special condi ons: A. Any royals granted by the Department do not ra ieve the Applicant of its obligations to obtain approval for any on-site sewage disposal systems and any wells used for potable purposes on the subject lots from the Suffolk County Department rt�" ��► J of Health Services. B. A minimum buffer area of 50 feet shall be maintained' .by the Applicant between the- landward edge of the tidal wetlands on the subject lots and the nearest development to be carried out on the subject lots. �No disturbances of the existing to�ogMUhy or ve eta ii on shall be carried out by the Applicant wit in aforesaid buffer area. x .� HENRY P. SMITH, President F. 0 f -: JOHN M. BREDEMEYER, Vice-Pres. ,t tag x TELEPHONE (516) 765-1892 PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 December 17, 1987 Mr. Stephen Perricone P. 0. B ox 41 Mattituck, New York 11952 Re: Lupton Point Road, Mattituck - 1000-115-11-21 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 THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Clear and to construct a one family dwelling, decks and sanitary system on property located on Lupton Point Road, Mattitick. THIS PERMIT IS APPROVED WITH THE PROVISION THAT A LOW PROFILE BERM IS CONSTRUCTED AT THE D.E.C. 501 Wetland line. r Page 2. This permit will expire on December 17, 1989 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. ,Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such_,permit in such amount:.as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. 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 TOWN 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 �gmff a(�`OG s 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. ROBERT J. DOUGLASS JOSEPH H. SAWICKI INTER=DEPARTMENT MEMORANDUM 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 information is a copy of an evaluation report received today 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 yo`u for your consideration in this regard. FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office 4 Southold, N.Y. Certificate Of * Occupancy No. , Z122302. . . . . . . . Date . . .FEI3RUARY 28. . . . . . . . . . . . . . . . 1984. THIS CERTIFIES that the 1 o t VACANT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property 3aP. 4UPTQN:k0UT . $P... . . . . . .. .! . . . . .MAT TI.TUCK. . . . . . . . . • . . . House No. Street Hamlet County Tax Map No. 1000 Section . . .1.1.5 . . . . . .Block . . . . .1.1. . . . . . . . .Lpt . . . .? ? . . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . conforms substantially to the applicable provisions of the Zoning. . . . Code of the .Town of Southold. The premises are located in the. . . . . . . A-RESIDENTIAL-AGRICULTURAL ZONED District and may be used. . for such uses as are presently authorized by the Zoning Code in such. district subject to, however, all of the- requirements of the Zoning. . Code. r THOMAS DOUGHERTY The certificate is issued to _ _ _ _ _ _ _ _ _ •(owner,lessee or tenant) of the aforesaid .10 . y1t jd-u • . . . . . . . .f • - • • .Building Inspector Rov 409 FORM NO.6 TOWN OF SOUTHOLD Building Department l Town Hall Southold, N.Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewriter OR ink, and submitted in duplicate to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal—(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or' Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings'and "pre-existing" _ land uses: 1. Accurate survey of peoperty showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of'any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. ._,Fees: 1. Certificate of occupancy $5.00 2. Certificate of occupancy on pre-existing dwelling e land use --Pre-Existing C . 0 . $ 15 . 00 3. Copy of certificate of occupancy $1.00 Vacant land C . O . $ 5 . 00 / Date . . . . . . . . . . . . . . . . . . . ... . . . . New Building . . . JV. . . . . . , . Old or Pre-existing Building . . . . . . . . . . . . Vacant Land . . . . ✓ . . . . . . Location of Property . . 'b . . . . . . . .f!: !� l .r4!`� .�Ql1l���. . 11 U. . . . . . . . . . . House No. SVeet Hamlet Owner or Owners of Property I �oOMfi S —. ���h�m/ County Tax Map No. 1000 eption . . /3 . . , . . , , , Block . . . . . . . . . . . . Lot . . . . . . . . . . . Subdivision . . . . . . . . . . . )Filed Map No . . t No. .3. . . . . . . Permit No. . . . . . . . . . . Date of Permit . . . . . . . . . .Applicant . �Lr,� �, , :. . . . , Health Dept. Approval . . . . . . . . . . . . . . . . . . . . . . . .Labor Dept. Approval . . . . . . . . . . . . . . . . . . . . . . . . Underwriters Approval . . . . . . . . . . . . . . . . . . . . . . . .Planning Board Approval . . . . . . . . . . . . . . . . . . . . . . Request for Temporary Certificate . . . . . . . . . . . . . . . . . . . . .Final Certificate . . . . . . . . . . . . . . . . . . . . . . . Fee Submitted $ . . . . . . . . . . . . . . . . . . . Construction on above described building and pe it et all'tc able codes ancjeaul tions.Applicant .1Y.�p`^1`: . �j. . . . . . . . . . . . r •f' Rev. 10.10-78 KC 16 W BLDG. DEPT. TOWN OF SOUTHOLF, NEW;YOP.K,-STATE DEPARTMENT'OF;ENV7RONWI NTAL CONSERVATION Regulatory, Affairs Unit .,. Building 40, 'SUNY--Rooms 214 Stony`firook, IJew: Yo?:k '.11Ja4 y._ •. ����,h�,� � rICon�..cs16> 751=�9oo , /•/ � 1�1o�'tinr,Y Q�cU� 1 rd MU � ack J 1C_ E: Permit.No.,:'Location - , AIfCt1D 1E•[:T TO PERIiIT 5 Va n Qo��t ukajk 3C,v `hno cL 'nn n Dear V Y`�• 1 -'�'�. 1 `� Your recent request to-:extend" the above permit has been reviewed pursuant : to 61TYCRR' Part.;621. Il .t has`'been:determined.: that' there. ha.s not been a material ; . . change in,.environmental conditions, relevant teehnology or applicable law or regulations since the'issuance'&:�.,t7/e x s.ting permit; therefore, the expiration' date is extended,`to r recent request .to modify the above permit has been._._r�eviewed.-pursuant To 6NYCRR, 621. '' It has been 'determined tbat—th 'proposed modifications will not substantially. c the se e-ef-Mie permitted actions or the existing permit conditions. "Therefore he permit is •amended to author' a• This letter is° ari..amendment,to-the 'original :permit and as such, shall be 'posted ` at the 'fob site All other terms.y and rconditions remain; as'written in -the original permit.:' Very 'truly "pours,, ternate. P..egional P ermit Administrator CTH:DDR:co's Sent to: `"��, New York State Department of Environmental Conservation ANIM 50 Wolf Road, Albany, New York.12233-0001 Henry G.Williams Co.mmissioner : June ,,13 1: 1985 Charles Bowman, President'.. ..,.., . The Land Use : Company..:, P.� 0.. Box . 361 Wading River, _New York 11792 Re: North, Fork< Property. Development, Inc. Tida1`.Wetland.Application •No:. 10-84,0621 Dear Mr. ..Bowman.: Enclosed `is a ;.,'copy.:-of .thee.Deci'sion' of . the Department dated June 120- 1985 :in the; above. entitled 'matter. A:copy ou thin DeYcision Will be ,sent . to the. attorneys,11 individual.. parties, • or,ganizations,. affected State agencies and. units of local:..government :Who app,eeared at the: hearing and other persons. or � organizations,: known od believed to have. an interest ..in this. Decision.:, ..Very, -truly yours; ,'Robert -S.' Drew' ,:., Chief Administrative Law Judge Enclosure :; J FC'i rk HENRY P. SMITH, President 'i'��`'t JOHN M..BREDEMEYER, Vice-Pres. � �7Ff r TELEPHONE ul PHILLIP J. GOUBEAUD f<a, "° � (516) 765-1892 4 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. : 580 - 1000-115-11-21 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 sanitary system on property. LOCATION: Lupton Point Road, Mattituck. 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 Conservation Advisory Council has recommended approval of the project. 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 / J a 490 Lu.ptons Point Road Mattituck, New York 11952 November 18, 1987 p Southold. Town Board of Appeals Southold, New York 11971 Re : Lots 1000-115-11-21 & .22 Luptons Point Road, Mattituck, 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 (r10-84-0621 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 what 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 March 10, 1958 to Walter Grabie as a parcel noted as Parcel 2 from land owned by Joseph Corso & wife(E) , right of way (N) , to Richard & Mary O'Brien (W) , the gutter in Deep_ Hole Creek(S) . Evidently Mr. Grabie split up this land, sold off 2 lots--one to Phoel and one to Bird. The remaining land, still known as 1 lot (I 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. Perricone) applied for a vacant Land CO stating Mr.Dougherty & Bender as owners. A Co was issued to Dougherty & Bender ;#Z12303 dated .Feb. 28, 1984. . Stephen Perricone & Frank Vecchiarelli pur- chased lot known as 115-11-21 on Feb. 23, 1984. Again on Dec . 16, 1983 Mr. Perricone applied for a Vacant Land CO in Mr Dougherty' s name . A certificate #Z12302 dated Feb 28, 1984 was issued to Dougherty. Some discrepency on ome as to ownership at the time? I also have before me Town of Southold Property Recoed Card. Lot #115-11-22 states acreage as 0.42, bound.dmes w/s 142.71 , e/s 182.22. According to maps submitted by present property owners boundaries are w/s 106' e/s 129.5. Also questioning the acreage of 0.42. i r Page 2 Lots 1000-115-11-21 & 22 Luptons Point Road, Mattituck Lot # 115-11-21 you have listed on property card.--0.52 acreage. The property lines according to the property owners is E/S 222.121 W/S 129.5` not the 1821 W/S as or.. the card. Our lot being 115- 11-20 is listed as .25 acres. 'Tell me how can they be larger when our E/S is 262.85' W/S is 222.12'the front and back lin.esz 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, h 12 cc; Southold Town Trustees Southold Town Building Department r C. 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. November 16 , 1987 SERGE DOYEN, JR., ROBERT J. DOUGLASS dOPH H. SAWICKI Mr. Stanley A. Pauzer , District Manager Suffolk County Soil an,d 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 .ti'he 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 Southold Town Board of App' eals 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. November 16 , 1987 ROBERT J. DOUGLASS JOSEPH H. SAWICKI Mr . Stephen Perricone Mr . Frank Vecchiarelli 7470 Route 48 , P . O . Box 41 Mattituck , New York 11952 Re : Appl . No. . 3693 - Variance (1000-115-11 -21 ) Gentlemen : This letter will acknowledge receipt of your recent application before the Board of Appeals . . The Board members wil.l.. be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your application for. a 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 will be scheduled for the earliest available hearing„ date . If the above document (s ) are submi"'tted by December 8th , it is expected 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 will be sent to you as confirmation . Please feel free to call at any time if you have questions . Yours very truly , GERARD P . GOEHR.INGER CHAIRMAN By Linda Kowalski P . S . Pleas.e . submit photographs of the "flagged " proposed con- struction areas and the areas seaward of the flags for the record at your convenience (and prior to the hearing ) . Thank you . BBfOAp.D 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 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 request a (Variance) (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: DiST illgod StcT 1167 8,L Qc,k ! 3. That the property which is the subject of such Petition is located in the following zoning district: Residential \ 4. That by such Petition, the undersigned will request the following relief: T GO.cI STie C1G-74— Dme�LL,`ec.e' w'1.7-tl i,&es o r, C z~/y7— s l ABC 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article X I Section ' [ ] 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: WC9 v. Petitioner Owners ' Names : Stephen J. Perricone 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) �.02 J- /'r,'c0 A C, residing at being duly sworn, deposes and says that on the �� da of NOv , 19 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the dbove-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 ssessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at CCLL ✓ ; that said Notices were mailed to each of said persons by (certified) (Tegistered') mail. ' r Sworn to before me this day of Afo Al , 1 4&4 Notary Public El1�la.SE�dAD�6�4�t� %OV�ocEc w+ public.StaS jolkCQ; .f 0M 8 aS dObeg 3 I r (This side does not have' to be completed on form transmitted to adjoining property owners... ) P 774- 954 248 I P � y RECEIPT FOR CERTIFIED MAIL I 7 7 4 9 5 4 2 F 9 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL J NOT FOR INTERNATIONAL MAIL (See R@VB/S@) (See Reverse) t to o l r t and No. i Stat IP de / P State C de Postage 5 r \\' Postage - Certified Fee ` Certified Fee v ` Special Delivery Fee y1 Special Delivery Fee / / Restricted Delivery Fee ! � Restricted Delivery Fee Return Receipt showing Return Recei t showing to whom and Date Delivered p g P � -�• to whom and Date Delivered w Return Re fps�� v��,���j{p om, Ln Date,an�f' �0 Dcl(y rn Return Receipt.shgwing to whom, y d m / Date,and Adii e QY,Dglivery n TOTA Postage arrg'' g 11 �i767 TO rAL Postage and r G -1 Post ark or Dal,C o co r 6 ostmark or:Dkf; Go U. U. - .� ,! - P 774 954 246 P 77f.y 954 247 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED RECEIPT FOR CERTIFIED MAIL NOT FOR INTERNATIONAL MAIL NO INSURANCE COVERAGE PROVIDED (See Revers ) NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Sent to eet a . r i eet aiu No. C .S PC de/1/� !� d [ P Stat od J r Postage S Postage Certified Fee Certified Fee Special Delivery Fee Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Return Rec�e�i t showing to whom'a4e Delivered Return Receipt showing uy —' to whom and Date Delivered fe eceip*s wig to whom, to very `RD an ( R1r Return Receipt showing to whom, m Date,and A�Jdroesrl`Delivery a� TOTAL Pq gei and Peer S a) I. -� `� r , TOTAtfl oslab +ndces� S '�' n o� Postmar�YSWate , cot A P stmark o�r D tq' v M 4... cry �Cj� s'�� E LL o Ln Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T. TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 6, 1987 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3693 application of Stephen J. Perricone t Frank Veccerelli 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. Terre Southold Town Clerk SHORT ENVIROlrMENTA1. n ; ;terser F'r iU1 111STRUCTIOi;St (a) In order to answor the question,) in thia. :thort EAl' Au is annurr.',d that th! pproparar. will use currently available infonxit.ion concur'ning tho project and tho likely impacts of the action. It is not uxpected that uclditic,nrtl atudioc, roeearcl or other investigations will be undortalcon. (b) If any question has boon anor•rored Yl::, Lho project rrny bri :,i;;nificant and ecr.plotod Environmental Assessment Fora is neceasarl. (c) If all quuations have been answered No it is likoly tt�t this: l;rojl:ct is not significant* (d) F-ivironmentrtl Annnnsment 1. Will project result in a largo ��liyaicrtl cl<rn1;o to the project site or physical y alter more than 10 acres of land? . Y,;; V/110 2• Will `thoro be a major change to any uniquo or unusual land form found on thu aitt r 210 3. Will- project altor ,or have a lar' gu uffoet on an oxiuting body of water? . . . . . • . • _ yr:, t.o to 4. Will project have a potontially largu impact, on groundwater quality? Yo:, IJ 11c :1- ,n ,� 5• Will project significantly• offopt. draJnago 1'lv',1 / ,,. c.r r� on adjacent aitos? . . . . . . . . . . Y-+ , 10_ -No cr _ .,_ 6. Will. project affect nny thiroatun' till or end anyrrod ;, �i �; plant or ani_7.a1 species'? �— 7c: , V NO rr �' 7• Will proaoet result in it major advol'ao c,f' ct on c� air quality? [�. Will project have 'a ma jar effocz cn visual ct;r:r- :s a actor of the com.•nunity or nceni: vie.ra or :inter; !� knoi•m to be i-Mportane to the co;.nmunILy 1 Yr::� `� No 9. Will project advorooly ir.;Pact atiy t,ito oil :,trucr ura othbatoric, pro•-historic, yr paluoncologicul importnnco or any sito designated an a critical onvironmental aroa by a local aqurrcy? Yon _V 1►0 10. Will pro joct have a major- offoct on oxiatin,, or ~ Suture recreational opportunitirra't . - yr, Jz110 AIle Will projoct.rasult• in! major traffic problemn or cause a major affect to exloting vrannpurtatio:i �LCrca. y ? (/ :.l . . • Jam•; I:O 12. Will project rogularly cau-no ob,jerti ionable c:dor::, noize, glare, vibration, or clectrirll dinLurt,-- - ance as a rostLlt of t1;e projcct'a Greratioil? Yc:; J 1Ic. J l3. Will project have any impact on Pulrl.ic health or �X I U. Will. projoct dffoct ,Ila uxiatin+; c�mrnl,nrty Gy directly eauZIln(; .'r Cr .oWth JnJ:.:;Jnllri- tion cf nord than 5 pal'cent ovor a c tic:•-your period or have a major nt,i;utivu ol'fr.(:t character of the com,anunity .r 1,;1!►n,rr,rc<l ' • _ y. �� 101 15. I;;- there ubl c o c P opt 0ti s• c: ,c•t:rn rr;,; *.I:di l„•u�l:r,t? •;�: ; _ _— ►i0 PRFPA2tll'S °ICNAT'L'REi v/I�RyJ-::T:::C: 1)AT1,, i 'QUEST IONN.AIRE TO BE COi•iPLETED AND SUBMITTED WITH YOUR APPLICATION FORi•1S TO .TiJE BOARD OF APPEALS C 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. 1 . Are there any proposals to change or alter land contours ? Yes ( 15, Z . a) Are there any areas which contain wetland grasses ? (Attached is a list of the wetland grasses defined by Town Code , Ch . 97 for your reference . ) Yes NL *b ) Are there any areas open to a waterway without bulkhead ? s Nc 3. Are there existing structures at or below ground level , �2 . such as patios , foundations , etc? Yes U 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 groun-d level ? State total : ft . Yes Nc 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 Ni 7 . Are there other premises under your ownership abutting this parcel ? If .yes , please - submit copy of deed . Yes Ne 8. Are there any building permits pending on this .parcel (or abutting land under your ownership , - if any ) ? Yes NCO 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 . ) : Pianning . Board y Yes tNcTown . Board Yes Town Trustees es Nc, County Health Department Yes Village' of Greenport - Yes N . Y . S . D . E. C. ' Yes _ Other Yes Nc 10 . Is premises pending a sale or conveyance ? . If yes , pleas-e submit copy of names or purchasers and conditions of sale . (from contract ) . Yes Nc = 11 . Is new construction proposed in the . area of contours at 5 feet or, less as exists? Yes NfU 12 : If new construction. is proposed in an area within 75 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:. Yes No the requirements of Ch`. 97 of the Town Code ? 13 . Please list present use - or operations conducted upon the subject property at this time _ and proposed, r *Please submit 'phot.ographs for the record . I certify th t the Pd statements are true and- are being submitted for relian by the Appeals in. consideri.ng my application . Si gnacu de Fir erty' Owner . Authori ze.d Agent - 3137 Ik • § 97-13 WETLANDS § 97-13 TOWN — The Town of Southold. �.; TRUSTEES — The Board of Trustees of the Town of Southold. [Added 6.5-34 by L.L. No. 6-19841 - WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L.No. 6-1985]: 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 tide 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 which grows or may grow some or any.of the following: salt hay, black ( grass, saltworts, sea lavender, tall cordgrass,' high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately ;uljacent to'a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the mn:it landvard edge of such a tidal wethuld. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 2.1, Ti- tle 1, § 2-1-0107, Subdivisions 1(a) to 1(d) inclusive, ( of the Environmentid Conservation Law of the State of New,York: and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection Ii(1)and Lying with- in seventy-five (75) feet landward of the most land- ward edge of a'Ifreshwatcr wetland." ( 9703' 25-85 I tsTo SO CIE T AL 13 20 'A 33.4 A(C) ✓ NATURE.C0115ERVANCY 5 s 3 22 z .4 1,3 to1 7 A(c) A OAVI 4 23' 1. n �,, ry2'n _ ,i4 O 24-< 13 3 20 4 3 A 15 '12 25 9A Cc) LF 1.2 ACC) 5 1.16 2f LO A(C) COUNTY.OF_,SUFFOLK 13 26 'o 17 "J 32 2 7' 14 L) IWA RRA rOOXA U) I A(C] 20 18.3 16 U) 29 2 2.7A(C) T C W ri 17 s U, OF 19 9 10 it-I SOUTHOLD 1.3 A(Cl 2AC-3 3 26 27 2." 3 L A /( 3 1AW 2 1 -3 26.- 27 28 • AV .2 FOLK 3. 23"Z 2 2 4p. 3 s 22 11 23 7 S.SAC.) 2.3A[.) 22 5.1 4 1.5 A CC) I 8.OA(d) 21 2.2AW %t 12 6 5 21 20 6 0 2 22 4 8 21 45.3A (C) 1.0 A(c) 17 zi 0 Cc 16 to �10 15 It 16 0i 16 25- oar r SOgEVNE 17 to 11 b �O 26 100rP Hole .Creek 14 :L NO -FOR .PARCEL W SEE FOR A(C) • 14 10 8_47G2. SEC- NO. 123-ai-ool mc- MATCH - _ No.823 C S LINE MATCH Z_ FOR PARCEL NO SEE SEC 0 1 Nq - SEE SEC,NO, [23 LINE z- 23-03-023. a �LES�.,�Wx oT"Ens SE. ALL �op,,RIICS HATCH LINE (J14 ARE ..^ =L'OWMG DISTRICTS 0-9 SF1.EQ ErCE. ALIERJII�..IM PRE.- T04AII AT .14, ft,am. Cr E.G., 43,% I- .�"r. 4� -TER C"" .su�_ A. 20�7, LOER IA. Y._f ',E_; Legend T C—r LL:.. .;_ic.LL:...Lw- Lane F V-11, v L;0ID6,IL;- cO COUNTY OF S Uf I'-k Di--j S"-d D.. 42'. . - '� 2` °--- ---- 'n E�-j A,- RealPro� F. COUNTY OF SUFFOLK a 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: 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 fram 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. J amnle Plaza / 64 Old Country Road, Route 58 ,'iverhi:ad,Now York 11801 shoW:516-727M15 r_ `Mr. Gerard P. Goehringer - 2 - December 2, 1987 . 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, Zhoamas J. McMahon, Senior District Technician M 7 7 f