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s t- Southoldpp Town Board of A eals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3687 Application Dated October 27 , 1987 " . TO: Stephen . R. Angel , :Esq . [Appellant (s) ] Esseks , Hefter & Angel as Attorneys for JON C. KERBS P .O . Box 279 Riverhead , NY 11901 At a Meeting of. the Zoning Board of Appeals held on June 2 , 1988 , 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 [X] Request for Variance to the Zonin Ordinance Article XI Section 100- 119% [ ] Request for Application of JON C . KERBS for dh interpretation and , if necessary , Variance under Article XI , ection 100- 119. 2 of the Zoning Code , for per- mission to locate building 75 feet from the N . Y .S . D . E. C. determined tidal wetlands line as approved under D: E. C . Permit #10-86-0092 and in accordance with Town Trustees Wetland Permit No. 373 conditionally approved June 25 , 1987 . Location of Property : East Side of Narrow River Road , Orient , NY ; County Tax Map Parcel No. 1000-27-2-5. WHEREAS , an application was filed on October 27 , 1987 in the Matter of JON C . KERBS under Appeal No. 3687 ; and WHEREAS , public hearings were held on March 17 , 1988 and `April 14 , 1988 concerning the request for an Interpretation and , if necessary , Variance under the Provisions of Article XI , Section 100-119. 2 (B) of the Zoning Code ; and WHEREAS , the Board has carefully considered all testi - mony and documentation submitted concer.n.ing this application ; and WHEREAS , on May 17 , 1988 , Local Law #15 of 1988 was adopted by the Southold 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 ,: notification has been received that Local Law #15 was filed with the Secretary of State on or about _ May 25 , 1988 ; and WHEREAS , the subject premises is not bulkheaded and has received conditional approval from the Southold Town Trustees under Permit #373 ; and (CONTTNUED ON PAGE TWO ) . DATED: , June 6 ,. 1988. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appl . No. 3687 Matter of JON C . KERBS Decision Rendered June 2 , 1988 WHEREAS , it has been held in the Courts that the law that exists at the time of a decision will apply [Alscot Investing Corp . v . Rockville Centre , 99 AD 2d 754 , 471 NYS2d 669 (1984 , 2d Dept . ] ; (Aversano v . Two Family Use Board , 117 AD 2d 665 , 498 NYS2d 403 [ 1986 , 2d Dept. ] ) ; ['Cathedral of the Incarnation v . Glimm , 61 NY 2d 826 , 473 NYS 972 , 462 NE2d 149 (1984 ) 1 ; NOW , THEREFORE , on motion by Mr. Goehringer , seconded by Mr. Grigonis , it was RESOLVED , that for the reasons. noted above , this Board is without jurisdiction to act on this application , as applied . Vote of the Board : Ayes : . Messrs . Goehringer , Doyen , Grigonis , Douglass and Sawicki . This- resolution was duly .adopted . lk GERARD P . GOEHRINGER, C41AIRMAN Ma r r NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN , pursuant to Section 267 of the Town Law and the Code of the Town of Southold , the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall , Main Road , Southold , New York , on THURSDAY , MARCH 17 , T988 at the follow- ing times : 7 : 30 p .m. Appl . No . 3714 - 'DALE 'MAYNARD. Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of the insufficient area and width of two parcels as approved ' by the Planning Board in the subdivision known as "Seawood Acres-, Section I " , Filed Map No . 2575 . Location of Property : West Side of Seawood Drive , Southold , NY ; County Tax Map Parcels No . 1000-79-7- 64 and 65 . 7 :40 p .m . Appl . - No . 3713 - ROBERT STARON . Variance to the Zoning Ordinance , Article III , Section 100-32 for approval of the construction of accessory storage shed with an insuffi- cient setback from property lines at premises known as 1490 Waterview Drive , Southold , NY ; County Tax Map Parcel No . 1000-78-7-54 . 7 : 45 p .m. Appl . No . 3711 - ERNEST AND DORIS ROBINSON . Variance to the Zoning Ordinance , Article XI , Section 100- 119 . 2 for permission to construct deck with an insufficient setback. from existing bulkhead at premises known as 915 Mill Creek Drive , Southold , NY ; County Tax Map Parcel No . 1000-135-3-37 . 7 : 50 p .m . Appl . No . 3712 - ROBERT CLEMENS . Variances : (a ) to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for permission to construct additions to dwelling with an insufficient rearyard setback from the easterly property line , and (b ) for approval of access pursuant to New York Town Law , Section 280-a over a private right-of-way extending off the south side of Main Bayview Road , Southold , NY ; County Tax Map Parcel No . 1000-87-5- 17 . 8 :00 p .m . Appl . No . 3543 - PETER AND BARBARA HERZ . Variances to the Zoning Ordinance , Article XI , Section 100-119 . 2 for permission to locate new single-family dwelling r Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March., 17 , 1988 with insufficient setbacks from existing bulkhead and from highwater areas along Midway Inlet and Hog Neck Bay , premises known as 70 Cedar Point Drive , Southold , NY ; Cedar Beach Park Map , Part of Lots 152 and 110 ; County Tax Map Parcel No . 1000-90-02-13 . 1 . 8 : 20 .p . m . Appl . No . 3687 JON C : KERBS . Interpretation and , if necessary , Variance under Article XI , Section 100-119. 2 of the Zoning Code , for permission to locate building 75 feet from the N . Y . S . D . E . C. determined tidal wetlands line as approved under D . E . C . Permit #10-86-0092 and in accordance with. Town Trustees Wetland Permit No . 373 conditionally approved June 25 , 1987 . Location of Property : East Side of Narrow River Road , Orient , NY ; County Tax Map Parcel No . 1000-27-2-5 . 8 : 35 p .m. Appl . No . 3710 - THE COVE AT SOUTHOLD , INC . Variance under Article XI , Section 100-119. 2 of the Zoning Code , for permission to locate buildings -75 or more feet from the N . Y . S . D . E . C . determined tidal wetlands line and at not less- than 18 feet from the Town Trustees determined wetland grasses as approved under Trustees Permit Application No . 601 . Location of Property : South Side of Main Bajview Road , Southold , NY ; County Tax Map Parcel No . 1000-87-5-20 . The Board of Appeals will hear at said time and place all representatives or persons desiring to be heard in each of the above matters . Each hearing will not start before the time allotted . Written comments may be submitted prior to the conclusion of the subject hearing. For more informa- tion , please call 765-1809 . Dated : March 3 , 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER , CHAIRMAN Linda Kowalski , Board Secretary ----------------------------------------------------------------x FORM NO.3 TOWN OF SOUTHOLD BU1LDINC; DEPARTMENT TOWN CLERIC'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Filc No . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . .G�K V. .�g. . . . . . TO I ilk . . . . . . . . . . . . . . . . . . . , PLEASE TAKE NOTICE that your application dated "I . .. . . . , . . .. a �, t�crrnit to constnrct . .4. . .a?ti.¢ .�� L . . . . . . . . . . . . . . . . . . . . . . . . . . . at for 7 �� Location of Property . . . . �. . . . .�- ;� . . . . . .t �,y . . House No. SUevr �Homlet County Tax Map No. 1000 Section . . .5��7. . . . . . Block . . . . .�0`1 . . . . . Lot .5���. . . . . . . . SUbdivi%ion . . . . . . . . . . . . . . . Filed Mil) No. . . . . . . . . . ...�. .��.¢g.'.�Lot No. . . . .--gy�'¢p..-. . . . . . . . . . . . is returned herewith and disapprovcd on the follotvinggroundst'.t�l.{ 4e . .'SZ %-.. 119: a— . -. . ; ? , :�4 Q , .. . Qom. . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector Rv 1/CG y. vI TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFT ICE SOUTHOLD, N.Y. S I d 3� NOTICE OF DISAPPROVAL I:►Ir No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Datc . . . . . .. I') Fo �, ,. . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . . . . . . . . . . . . . . . . . . .. . }'i..}:nSE:"i'AKI: N(»'1CI that your aPplicatiu►� latccl . . . ! . .. .�. . . . .�. . . . . . ., 1,0. .�. . For purnlit to construct . . �r. . ` �. . �,--�. + y.-� . . . . . . .' . . . . . . . . . . . . :.� I.oc:►tion of Property . . . . . . . . . Ito use No. Street County T;ix Map No. 1000 Section . . . C?2?. . . . . . Bluck . . . .P .?-- . . . . . LoI n ;4 . . . . . . . Sulul�vitiion . . . . . . . . . . . . .. . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . 1 iti ►rtu►ncil I►crctvitl► :uui 011 til �. . �{. . . .�1 �.�.4 . . .�� S4ta.J� . .� . . . . . . �-C- icy . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building lnspr�clor RV lico 1 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 3� DATE .......................... TO THE ZONING B AR OF APPEALS, TOWN OF SOUTuHOLD N. Y. �6� P��S .of lU �� 1, (We) ................. ......... .....�. ........................ Name of Appellant Street an8 Number _. . ...1... . . .......:................................................... .............�......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING I SPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ........ .. . .6 ... ................... WHEREBY THE BUILDING INSPECTOR DENIED T ................................................ ... .................. .... .... //,, N7 Af Appli ant for P. it p of ... .U...... ` � .... ...................................... .. :............. .. Street and Number Municipality State ( ) PERMIT TO USE ( ),. PERMIT FOR OCCUPANCY A �Okz 0- e-e. ON A kA__TI �75 .raw. •� � 4LON OF THE PROPERTY ► P i ��w �1�.4!�,.. .... &.1.7�........r���...�:.....�v� Ci Street /Hamlet / Use District on Zoning Map District 1000 Section©a_7B1ocO LoI? ............................................ ... Current Owner oY. Mop No. Lot No. prior Owner 4 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 eKP Section c(. 3. TYPE OF APPEAL Appeal. is made herewith for (p l ease check appropri ate box) ( ) A VARIANCE'to the Zoning 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 n vHn Y na ..%,Je l yy 4. PREVIOUS APPEAL A\previous appeal (has) (has not) been made with espect td this decision of the Building Inspector or with respect to this property. \ h\5 i S z c),NM,@V'__Q o, Such appeal was ( ) request for a special permit 8-7 7# 7 � t01 � c.�y ( ) request for a variance G._, and was made in Appeal No. ....................... Dated ........... tt .... 0 REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( �NC \ is requested for the reason that P L zg � 'Q W\", A as 1 a � "�\ \ O al S SV1 oti �Cn �v Form zsi (Co nue on the side) C�� G�v�ne a ���e 11����s REASON FOR APPEAL Continued i 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficultie.k10 nneces- sory HARDSHIP'because ^� � `C�t�-� g �ZS �� e Ck J�o 2. The hardship created -is UNIQUE and is not shared by all properties alike in the immediate vicinity of this pro erty and in this use district becausec�.� ,,� tv���clo 4::X_ .-, CID 'Ak ll A 3. TLN Variance woulA observe the spirit 'of tRe Ordinance and WOULD NOT CHA E THE r � .CHARACTER OF THE DISTRICT because C�v STATE OF NEW YORK ) S��Ff=o LK ) ss COUNTY OF ) Signatu ..... re Sworn to this ................./.�......................... day of................ A ....................... .... 19HELE OE �. � IVY V PUBLIC, , at V! ...................... . ................................................. NOTARY PUBLIC,State of New York Notary Public Term'Exp�e87Much 30,EX/ TOWN OF SOUTHOLD PROPERTY RECORD .CARD OWNER STREET VILLAGE DIST.! SUB. LOT fia�er FORMtR OWNER v E ACR. S W -TYPE OF BUILDING PLI)s pu RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS P,40 to- 4- AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre i Value Per Value Acre Tillable I Tillable 2 Tillable 3 Woodland Swampland j FRONTAGE ON WATER 4,0"T Brushland I I FRONTAGE ON ROAD House Plot. DEPTH !BULKHEAD Total j DOCK ) -FOLK CO.MEA.LTM ZE9`.AP-`"DYAI } f EiClSTING c:cwr>-k3S —B— y VOSED --T- - m P_ ur P20P E 2_TYIr S'v:c\✓rYEU FCIL i €' is x, A.��� SATEMI'NT Or 44-7ENr 2/ THE W ATEP.SUPPLIA.':AND--i At-Z l)lSPS3a!_+' / T -AT ._..._ SYSTEMS FOR BHR VS3 S 1co --f MS"-I-- I CONFORM TO THE STA4DA4D= OF -t+c.L r ✓/ O /.��/ y a.`�n-- ' I VK.IE!�T _ I SUFFOL 4-EALTYSERVt= I SUFFUIK COU!ilY DEPAPTMENT OF HEA04 SERF 5 �^ ' •�� �`�-�/ r%' 4 \ \ > rL i SUFFOLK NTY DE CF t1EA_-}t AP4'FCtIkL Qr.C•r,�tlL 1u.. I � g E �U F ^ty nV OF R v I C E 5 F Gft iP.O µ A L S ,v�t,�j% \)�V E/ lr T �• �'/ _ ..rf,n;Cl`j°` ^r,__ I CONS M�;ON ON -_ c AY: "r .r�xi J = I i DATE i ram. •4. �„C P°?RM IhLLCI• APP!�OVED wv a..,•(JV.t,�r .moo � I 5::=FOLK CO.TAX SEA=�ESIGTNATlD1i. i .4) `'lrr �•\ /� _-_ b ':}�PPRDVAL IS SOB= INSI4lT73l ON CF i~_ I I DcST. SEC$_- r30CK P� r- Q` 4'om CT7IDITIMIM 'P APID sV�, ,� ':� '• SAFZY 07JE.ti'A',TPS PFJOR M BUIID7.U -,- _ A=CRESS. ..-. - i..7 5` / i.r;_J1Y_ 'GE`_'.TEE _ a•JE1 .-_ - DEED Lm ,�.�..�F�•C..`-�` `/tiff '-�'TC• '�'.•� s' i ! '. I -_ ...�-+-� I~_`•'l�i J : F t;1c=Z.I=. r_=_..� ! Icy r.(�•aOr if�RY'�c!-fit _ Pt.'E=�1;: - iF•i i-:_'JC.7L =��hit i jr r�' ,= .L7._ J_:'7`Y '1.^T Sr1-�_ .� _�.. ..--�1 r----�T—'.^-�s�.,�.,j��.', 1�_ _..�_'\'�1'f�._ �•_�-_'L` - - ( I/'_ � ` J _ _ "--1i^-•-, :_:�; RODERICK VAN TUYL.P.C. LICENSED LAND SURVEYORS GREENPOR7 NEW YORK i Tllf��M aO3i MI]T ' I - I - =`•=''�� _ ^�• = - - I SUFFOLK CO. HEALTH DEPT. APPROVA_ i :.D>✓`Yr=�. _ - - _ _ - j I! H. S. NO. STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL c SYSTEMS FOR THIS RESIDENCE WILL y CONFORM TO THE STANDARDS OF THE -- -• �' ,` «��, =�-,~------ —-- -.__'. PT r= :-. SUFFOLKOF HEALTH SERVICES.CES. APPL ANT <� SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES f SUFFOLK COUNTY DEPT. OF HEALTH OFCONSTR TIP sERVI — APPROVAL 1 FOR APPROVAL CONSTRUCTION OF C E s FOR L OF Single Family Residence Only O APPR C '' 0 CONSTRUCTION ONLY j �, e}r��rY/r^� 5' ! DATE �'•, Z, �� S REF. P� �� S O + �� DATE: H. S. REF. NO. \ �Q . �• 4, �r, Q / • ' r` APPROVED APPROVED: t n `y tfr t, C� }� � t 1 •� � II < i. 1 SUFFOLK CO. TAX MAP DESIGNATION: APPROVAL IS SUBJECT' TO INSTALLATION OF NECESSARY I' DIST. SECT. BLOCK PCL. I WATER OONDITIONING EQUTPN= AND RECORDING OF I J , _ 0�� ,., r `��;>5✓ \� C^ �. ¢ NEICESSARY COVENANTS PRIOR TO BUILDING OCCUPANCY. . •:1 � � W ADDRESS:• S • — .f ,r S ---' �.}-t�.,s�i4 ter-}^ c.•t-_t I /, 0'. 1 �� .w� �•`' --•--� �,�`-h `^ -!� I j �..L�.tL... Gr-:'_ i` . — _ ....:0u.7 Ht�J�L/ Imo. r f , —� 4i .l)1L•f' Y V4 �/,,,C ✓ -� - ..'n - ��+i t-�._ A�,:��'a ` 1LF� / ' i.J EAIs f fJtb.;O !'` ..--.�.-`7 �—; ,,C, -;��_l'.•+~A �:t� I I -- --�'._.i::�•�,i !-"i r-�;_ � _._�. _ .1 �� / ,'i Fib ✓�� " E t, `- ;' .:`, i /._t /' DEED: L. P. _. TEST HOLE STAMP P iy' / [`rr ,. - a�?G I �;•> 'x i r�-- E[gym ahc*rrW!ali.va/i<tR or&d±itirn C^ to thiq surveN is a violation of !hn New.York stda _� i Fr.crsiion Uqw. r __ J� ✓n �•".:.'�T'�1 C,.;;;'_^Oar thin Su.lf/ y rti 2°¢T svnmyo,'s inkod ems[or r t l� to un a ue!id trun copy. - J JAN• t ,��a F Q -+-r --- __ ' .- EB�I 19 � �— tf. GIANanv--rc inuctt•a?ht,V on ris:-.i:rum �- __ _.._ - - ••-r���uG q.1g8�_ t ,. ant: w W v~ r-;S"'y /� ♦f-�. -- q li I:icom!v. ,q ve n if ,p ve ha.;tC i.`!.. C.• t �/',} � chic-c��:t-=anY,Fn`;crnmr�tii ry�;.c;,zznt` tiS-' `_. "h_.��.J L� a`_.t.J�'[; cq"'� _�� iJ� ...;rTRi on ii e her F'.o!!atr_c �..,•��. ... i✓ v f'+. �:.- (�i..'�-• ia•_-;., ??i i.i'}f_f'4 t. _ �' :L" - ti i _�i[�•i'�i_L a�..,,,_:_,emsofarts not:rr;nsftir_N"n: r oF _ ------•�- _- - � \t-i2�' ..;ri. C,�f'�.�J�` .- - - - ._ _ _._-----� ---- --•f .,.,h._ - - --y -E.__`��+C'''Ji�i`:�-_ - _ ..f [ -1 . -v Ot%�'--- �'•-. j:--z _Tyv_?. 7 ,• ,--r ti---,.i _ �-. b'r---- ---2.O - -----"I _O —`J'` .i Y -✓ i-1 r- :`•i'" _�,•'1_e�__--f'hd'_J`� _ �"tl�`r `'v',it , ��..; _ �/4, ! - h'l _ - v • FLr �``:`�•'`/.-'1�E::- r'\�ii�.1 C` eJGP: `z'� - - ��:._ RODERICK VAN TI�YL, P.C. --'� air ._ .....+ ,� [I r .' ?:�("�t r•- - - �.� GREENPORT NEW Y `\4S '50b LICENSED LANDSURVEYORS - - - -- - O R K ����w TELFOYN POST N61239 I ' SUFFOLK CO. HEALTH DEPT. APPROVAL H. S. NO. I f 1 STATEMENT OF INTENT \ A j THE WATER SUPPLY AND SEWAGE DISPOSAL _. SYSTEMS FOR THIS RESIDENCE WILL I t t CONFORM TO THE STANDARDS OF THE - f SUFFOLK CO. DEPT. OF HEALTH SERVICES. APPLICANT SUFFOLK COUNTY DEPT. OF HEALTH f j + SERVICES FOR APPROVAL OF CONSTRUCTION ONLY ar DATE. H. S. REF. NO. APPROVED' SUFFOLK CO. TAX MAP DESIGNATION: i DIST, SECT. BLOCK PCL. OWNERS ADDRESS: —+ �� �.�• r� y ` q j _ y I�i� fc, DEED: L. P. TEST HOLE ` law. evn-;v n,n nrt haar;,I, G`^+:+SIf7Pr8Lf 1 - " true Cc�ly. i,,oen l r -9rsara for vfi't. tic his governmen al , .,_1 utr n r . J h rrn clf erg n� rr ;»h'cy SEAL OF Np e RODERICK VAN TVYL, P.C. 'S 25rO LICENSED LAND SURVEYORS ! AfvOS�� i jicl lop GREENPORT NEW YORK .L1 , SUFFOLK CO. HEALTH DEPT. APPROVAL H. S. NO. STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL A.. CONFORM TO THE STANDARDS OF THE �� f �, j ; ,�� `�;1'• �^ __S SUFFOLK CO. DEPT. OF HEALTH SERVICES. J ,� APPLICANT \1 \ lry // `^ SUFFOLK COUNTY DEPT. OF HEALTH ` {' —'` SERVICES — FOR APPROVAL OF CONSTRUCTION ONLY Gr �, .I \ �Qc` r` h i \• ��� DATE: �7�2 Qv�' i Y �h..ia i✓� / '� _ �� s \ 4 H. S. REF. NO. I 1 APPROVED: Q. SUFFOLK CO. TAX MAP DESIGNATION: DIST. SECT. BLOCK PCL- i tom r 0 v1 /1 j OWNERS ADDRESS: DEED: L. P. TEST HOLE STAMP, .,.1AN —'T. Pr:_N�: .—"i — ,C)C:' ' :. #=s;; ,r,.^j , �:; ; yy _i :rc"/+'y ..• CrvN—rt�+ ;S, JrL t+ ',ti. . �r �J11_.. , Y �;_ fylr— „:' >:'. , .--_ r.. _ l ', . . SEAL ,�� _ r c - t''', f.� f- f.7(Y '-�_.` .,LI�...F` � •-{' � �{'� , t('jr t,,.'I: ! —_ —_V�_ `.•) -f'a �.S-JAL '. r. '..Yd'j��i it w�,•f}I f 'tii i Y!. ._f,`�ii`7(„ !`•. '�•1`f"�1 ,—.�' rl • ,'.-. �._E_ ?i- --�T"��"r�`5 T� ,� 'i r'C t:^�' :3---.- �._ - it'.`" {•+' ��0 --"� `7.C� -_ ._ � _ _._-c___ �__� __.— ____ .- �, .�j'.,<' t n+ l �� �' r''J l ��_ ._!�_ '�"�{, ��):tv.-----, `�'`.._) 'w_.f I �•,��Y�l�..-J /til.��: I E'er r .��L%:••_1 � � ' � �' I tt:f 1 . U.L' L^I( - I - + L } '�" f^ivy :'t� - • - f i 1 1 - -- i RODERICK VAN TI,jYL, P.C. ,� PILINGS a.1}� c'•-� 6 �;•` 1_.`__ _—J} .a= w e: ,. _ �. 1 ::i2^° v ---- — -- .-- -- - -.---- � ---� —• -- ---- .= LICENSED LAND SURVEYORS - -- -— --- _ --- - a GREENPORT NEW YORK TA^;k TELEDYNE POST r461237 1x1i1yJl:xlrl VL n�Hx11VCi SOU )LD. TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, APRIL 14, 1988 Appl. No 3687 Applicant(s) : Jon C. ..Kerbs Location ,of P"roperty. ,. County Tax. Map .ID NO_- ..1000- 27-2-5 Board Members present: Chairman ..Goehringer P.:. Goeh ringer , ,, Members: Doyen,.-. Douglass, . Grigonis and Sawicki Also Present: Linda KowalskI, -Secretary to the Board of Appeal s',:,and approximately 50. persons -in the audience: ` (Bgilding-Department Administrator, Mr_. Lessard. was absent. ) The Chairman-. opened the hearing at . 8: 54 o ' clock p.m. and read -the-, ,legal notice of hearing and application for the record.. CHAIRMAN GOEHRINGER: . . . . . on behalf of Jon Kerbs. We ' ve taken a significant amount of testimony on :this particular hearing . The Board had felt that there was . additional things they wanted to look at. . - More particularly, a request of the applicant. concerning additional information on the survey which we have received. And we ' ll ask,- the applicant or the agent or his at- torney if there is anything.-they would like to add. MR_ STEPH.EN ANGEL There ' s 'nothing we want to add to our case. We ' re here to. answer any .questions and to respond to any comments. CHAIRMAN GOEHRINGER: We ' re really not taking any verbals so. we ap- preciate that and we appreciate your showing up. Actually, it was very nice of you to come down . Is there anything that the opposi- tion would like to place. in the record before we close the hearing , in writing? Seeing- no. . . 'Excuse me. Yes. MRS_ WEXFORD _ I 'd .just like to. ask because it was un clear in the notice of the Suffolk Times , not-knowing what state you'-re- at with this . It said that the applicant was asking for an interpretation and if necessary, a variance. I ' d like that clari- fied. In-other. words, I don ' t know what to respond to because I don ' t know where you are. CHAIRMAN GOEHRINGER: Were you at the last hearing ma' am?. MRS. WEXFORD No. CHAIRMAN GOEHRINGER: The particular problem that we have at this time is the difference of setback lines from mean high water , spe- cific areas of marsh grass so on and so forth. Under 119-2 of the Zoning Code which is a similiar section and probably more enforce- able under Section 97 that the Trustees deal with. We deal with 119-2 . It requires a 75 foot setback from basically the wetlands . ..In this particular case we have an application before us which deals with a setback that was established or a line that was established by the D.E.C. which is the Department of Environmental Conservation and we have other evaluations that were done by members - of the f ' Page 2 - Thursday, - -il 14, 1988. Pubic Hearing - Jon arbs southold Zoning Board of Appeals CHAIRMAN GOEHRINGER (continued) : Trustees and the Trustees in Toto and by other organizations which we had taken significant testimony in. Based upon the information that is being placed in th-e. record, I can not go any farther other than give you my feelings. And that is, the applicant at this par- ticular time, is definitely wants to set, basically, the one-story structure back 75 feet from this particular established line. The purpose of 'the word "interpretation" is very simply a word to mean is it in our jurisdiction or isn' t it. And we have a similiar spe- cific interpretation for another application tonight which is the second part. of the hearing. I will inform the applicants, I will inform the public that at the most recent co-committee meeting the Z .B.A, so as not to have overlapping jurisdiction in these areas , will be taken out of 119-2B and give that jurisdiction to the Town Trustees. Alright. So the nature of this hearing , in three or four months may be mute. And that ' s basically the situation. And I thank you for asking because there are certain questions that people don ' t really understand and it ' s very difficult to keep abreast of everything all the time. MRS. WEXFORD Is the applicant then not asking for a variance at this point? It ' s matter of you having decided that the inter- pretation is with the Baard of Trustees and therefore, the appli- cant is not asking for a variance now at this meeting . CHAIRMAN GOEHRINGER: That ' s not particularly true because at the last hearing we had taken significant testimony to say that there were wetland grasses or indicating grasses that were within this 75 feet. And it ' s up to us to make the determination if we feel that it is within our jurisdiction or not based upon the testimony that we ' ve taken and the particular information that has been placed in the record. - So I 'm not trying to be evasive. I 'm just trying to tell you that we haven ' t made that interpretation. And based upon the fact that there are other circumstances involved here. MRS. WEXFORD I 'm asking because if it ' s a question of ask- ing for a variance , I ' d like to address that general term. It that ' s appropriate but I can' t tell whether that ' s appropriate. CHAIRMAN GOEHRINGER: Well , interestingly enough, you really can ' t address it anyway because we had asked that there be no verbal tes- timony tonight. But if you felt you wanted to address it, you could tell us that you felt strongly enough about doing that that you could place something in the record tomorrow and we have to ask you your name for the record anyway. MRS. WEXFORD: I 'm Betty Wexford and I 'm Vice President of the Orient Association. Page 3 Thursday.: April 14: -. 1988 ?ublic ',Hearing Jc,. -Kerbs Southold Zoning Bob__ of Appeals :.CHAIRMAN GOEHRINGER: Ok. And -if you "felt that that .was'- the. .case, . :. that we,` would -Close .the.' hearing .pending the receipt of something from you. Hearing no" fur.ther questi.ons,,. . . I 'm- sorry. no "further "testimony concerning" thi:', hearing , .-I! 1 k"lm' e tion_ a �mo closing reservirig"de61sion until. some. t'ime in the immediate. future. All in favor .-' .,AYE. t 1 �! rues . .. - ((corn hay) - -prS-f- ;chIts -Se<< CA kQ-_. C- �eas,d-O 60r � flack-- Tres lam,cm s r.. _ � s�� Ste,-nCt-c _ PO P. Ins 11`1 ( s u177a L l {�t (&�-t - - - Af T5l mapk (-:�fo X ,Q,I ckvi C h - leased �► � and . v►Vu4 . - � C kct,, _ S� Is c� +cam a6 . ryl -� SUPREME COURT STATE OF NEW YORK COUNTY OF SUFFOLK ---------------------------------- --X NORTH FORK ENVIRONMENTAL COUNCIL, Southold Bagmen' s Assoc. , Inc. AFFIDAVIT OF Petitioners , : LAURENCE T. PENNY For a Judgment Pursuant to Article 78 of the Civil Practice Law and . Rules Index No. -against- THE TOWN OF SOUTHOLD, BOARD OF SOUTHOLD TOWN TRUSTEES, Respondents. . -------------------------------------X STATE OF NEW YORK) ss. : COUNTY OF SUFFOLK) LAURENCE T. PENNY being duly sworn deposes and says : 1 . I am an Environmental Planner and Ecologist and currently serve as Natural Resources Director for the Town of East Hampton. 2. I received a Bachelors of Science degree in Biology and Wildlife Conservation from Cornell Univer- sity in 1957 . In 1964 I received a Masters Degree in Biological Science from San Francisco State University. I have done work on my Doctorite in Ichthylogy, Animal Behavior, and Marine Biology at the University of California in Santa Barbara, and have only the disser- tational requirements to fulfill to obtain that degree. 3 . I have taught the subjects of Biology, Botany, Ichthylogy and Environmental Science at several institu- tions including the University of California at Santa Barbara, San Francisco State University and the Southampton College of Long Island .University. My professional resume is annexed hereto as Exhibit "A" . 4. I am a native Long Islander and have worked on the South Fork of Long Island for the last 11 years , both teaching at the college level and doing environ- mental consultant work for various organizations. I am currently the proprietor of Applied Ecology, Inc. , an environmental consulting firm in addition to my duties as Natural Resources Director for the Town of East Hampton. 5 . I make this affidavit in support of the peti- tion of the North Fork Environmental Council and the Southold Baymen' s Association to reverse and annul a permit granted by the Southold Town Board of Trustees on the application of Alexander Koke for construction of a single-family residence on a sensitive wetlands piece. 6 . I have been retained as an environmental expert by the petitioners to review and analyze the proposed construction of the applicants. I have inspected the -2- Koke parcel, which -is the subject of this proceeding. It is located on Narrow River Road and Hallock' s Bay, in the Hamlet of Orient in Southold Town. 7 . A wetlands permit was granted for the construc- tion of a single-family dwelling, well and septic system by the respondent Trustees over the objections of the Town Conservation Advisory Council (CAC) . My inspection of the site and review of the file of the Town Trustees and my own review an analysis leads me, to the inescap- able conclusion that the permit should not have been issued because the impacts from the proposed improve- ments will be much greater than the Trustees' findings indicate and because the Trustees have failed to provide any meaningful mitigation of the environmental impacts which will result from work done pursuant to the permit issued. 8 . The Trustees have substantially defaulted in their legal duties under the State Environmental Quality Review Act (SEQRA) by (1 ) not doing a .full environmental analysis of the application through the preparation of a Draft Environmental Impact Statement; and (2) by not providing any meaningful conditions of the permit which would mitigate the significant environmental impacts identified. -3- DESCRIPTION OF THE SITE 9 . The Koke parcel is a parcel situated on Hallock' s Bay which I would classify as "marginal" for building purposes , meaning that it is highly constrained for a building because of environmental considerations. Hallock' s Bay, on which the parcel fronts , is one of the most productive shellfisheries in the Town of Southold. Its waters are presently certified for shellfishing. The parcel is low lying, barely reaching seven feet above sea level. About forty-five percent of the parcel is occupied by wetlands. These wetlands contain typical l wetland species and extend into the right-of-way of !/ Narrow River Road by way of a sizable swale. At pre- sent, the swale serves to receive run-off from the par- cel and road and filter chemicals and sediments out of ) i it as run-off proceeds to Hallock' s Bay. This filtra- tion is accomplished by way of the action of the veget - tion occupying the swale. POTENTIAL ENVIRONMENTAL IMPACTS l 10 . The proposed improvements (house, septic sys- tem, well and driveway) necessitate filling a large part of the property. The Trustees and applicant estimate -4- the .fill needs at one hundred cubic yards , but in reality, as much as two hundred cubic yards will be needed. The fill will obstruct drainage and intrude upon the wetlands. As a result, the wetlands stand to be directly impacted in that the run-off from the road and parcel will not be filtered and desedimented on its way to Hallock' s Bay. 11 . The septic system as allowed by the permit issued by the Trustees , will be set in an area of ex- tremely high water table. Said area has the additional ?` constraint of being breachable by periods of storm flooding. Given these conditions , it is impossible to construct a pass-through septic system on this parcel that will not pass contaminated water into Hallock' s t Bay. Contamination from the septic system into Hallock' s Bay will consist of nitrates , phosphates , 4 organic chemicals and microbes. This kind of contamina- tion, particularly in terms of microbes , is directly responsible for the closure of numerous productive waters on Long Island to shellfishing by New York State Department of Environmental Conservation. 12. The residential activity on the site in terms of noise, light, human and pet traffic and the like to emanate from this parcel once it is improved. will also -5- present direct and indirect impacts that will be inimical to the natural environment and, particularly, the native wildlife and wetlands vegetation species. 13. Furthermore, the impacts represented by the development of this marginal lot--when looked at cumula- tively in light of the potential for development of similarly situated lots throughout the Town--could have a devastating effect on the productive shellfish waters and wildlife areas in Southold Town. Pursuant to SEQRA, the Trustees were required to review and analyze such cumulative impacts before granting the subject permit, but this was not done. Taken collectively, the harm to the environment represented by unmitigated improvements to the subject lot--significant in itself--will become a much greater harm when translated to the similar lots in the Town that are now awaiting development. CONCLUSION 14. In light of the significant environmental qualities presented by the subject lot and the potential adverse environmental impacts identified above and which could be more fully identified in a Draft Environmental Impact Statement and in light of the mitigation that should have--and could have--been identified and applied -6- to the subject proposal as a result of the preparation of a DEIS, it is very clear that a proper environmental review pursuant to SEQRA was never conducted by the trustees. They totally failed to heed the warnings of the Southold Conservation Advisory Council which advised them to prepare a Draft Environmental Impact Statement at the hearing on this project. This was reiterated by numerous other participants at the hearing. However, no review was done. Consequently, the permit and its con- ditions , together with the generous building envelope . provided by the Trustees and the blatant lack of mitiga- tion incorporated into the approved plan, will result in development which will cause great harm to the environ- ment. This type of permit totally contravenes the pur- poses of SEQRA which are to reveal potential environ- mental impacts to the' public and the decision-maker and , at the same time, require the decision-maker to ade- quately mitigate the environmental impacts identified. 15 . In view of the above, it is this expert' s unqualified opinion that the permit should never have been granted, and that this Court should rescind it and remand the application to the Board of Trustees for an in-depth Draft Environmental Impact Statement and incor- poration of appropriate and most stringent environmental -7- mitigation to thelapplication to avoid or mitigate the environmental impacts it will have. V r Laurence T. Penny Sworn to before me this 29th ay of Octobe 1987 CHRMOPHER KELLEY May Paw Sbh d NW York 11* Tsai Low ku 31.1& -8- SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ----------------------------------------X NORTH FORK ENVIRONMENTAL COUNCIL, INC. and the SOUTHOLD BAYMENS ASSOCIATION, INC. ; Petitioners, REPLY AFFIDAVIT For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules Index N 87-23445 - against - HENRY P. SMITH, JOHN M. ,BREDEMEYER, PHILIP J. GOUBEAND, ALBERT KRUPSKI, and ELLEN M. LARSEN, constituting the BOARD OF SOUTHOLD TOWN TRUSTEES, Respondents. ----------------------------------------X Laurence T. Penny, being duly sworn, states: 1. I am an Environmental Planner and Ecologist and currently serve as National Resources Director for the Town of East Hampton. (See my professional resume annexed to my original affidavit as Exhibit "A") . 2. I make this affidavit in reply to John Bredemeyer's affidavit. 3. On the subject site, the top of the high marsh populated I by groundsel and phragmites, is situated within 15 to 20 feet of the house in accordance with the final permit plan, which is well / short of the 75 feet setback requirement in the Southold Town Code. (§97-13) . Mr. Bredemeyer's own analysis shows that the high. marsh species extend up to the line of the house as situated ' on the most recent survey for which the trustees gave their permit. 4. The septic system is situated in an area of very high water table with frequent storm flooding, and the likelihood of its contents polluting the adjacent surface waters of Hallocks. Bay is great. Contamination from septic systems that are too close to shellfishing waters on Long Island routinely lead to their decertification, that is "closure". 5. Mr. Bredemeyer's affidavit implies that the building of the house on pilings is sufficient mitigation to avoid significant adverse environmental effects. Whether or not the , i house is situated on pilings, the changes in grade needed to accommodate the areas around the house, driveway and parking and septic system mounds, will change the runoff pattern represented by the well vegetated overland drainage surface pattern now dominating the site, including the large swalle. The fill for the project has been greatly underestimated and the raise of grade and the large disturbance to the natural vegetation will create chronic runoff problems. 4. The finding that the project "will not have a significant adverse impact upon the environment" is completely unsubstantiated. The SEQRA determination is obviously in error. Inasmuch as the wetlands extend right up ,to the foundation line, the septic system is situated in a very high water table area, and the drainage area on the parcel will be changed dramatically by fill and grading, there will be a very large impact and the impact will be irreversible. 5. Because the site analysis from the very beginning has been based on a survey showing an erroneous wetlands line, the SEQRA analysis has been reliant on the same flawed line. A SEQRA analysis based on the Bredemeyer "line", which puts the wetlands a few feet away from the house would have to of had concluded in a positive determination. 6. Mr. Bredemeyer's use of the term "functional high marsh area" is not provided for in the Town Code sections dealing with wetlands and throughout my years of experience, I have never run across this term. Presumably the entire high marsh system on the parcel is "functional". 7. In conclusion, the application, contrary to the contention of Mr. Bredemeyer was never given the proper standard of review and consequently the Trustees findings are flawed. His own analysis showing the full extent of the wetlands on the site, should have alerted him that an environmental impact statement should have been required. An independent environmental reviiw would conclude that the project will have a significant impact on the environment and should have been denied. Dated: Riverhead, New York January 18, 1987 Sworn to before me this 18th day of January, 1988. DAWN R.DINA f n A-wou wo NOTARY PUBLIC,STATE OF NEW YOK NO.524871310 SUFFM COUNTY COMMISSION EMPIRES an S.W i { P. t ox'. 384 �2�• 41505 North Ro :d��- ' Southold, NY_.. 11.971., May 3 , 1986 Mr. Charles Hamilton Alt. Permit Administrator NYS DEC SUNY Blding . #40 Stoney Brook, NY 11794 Dear Mr. Hamilton: Regarding the application of- Alexander KOKEF submitted by EN-CONSULTANTS to construct a single family dwelling on NARROW RIVER ROADF ORIENT, I find it necessary to bring certain aspects of this application to your attention. The agent states that the proposed dwelling lies 95 ' landward of the tidal wetland. After several on-site j inspections, it is the opinion of this Trustee that the proposed dwelling is situated within three feet of the high marsh. I offer the following data to support this conclusion. i ? 1 . This parcel is possibly one ' of the last undiked „ parcels abutting Hallocks Bay. . 2 . Spartina alterniflora abound on the seaward 1 portion of the property on a mud and sand flat conductive to its growth and germination. 3 . Groundsel bushes dominate the upland perimeter to a depth of 90 ' landward MHW clearly establishing the area as high marsh as indentified in Section 661 . 4 -of the Tidal Wetland - Land Use Regulations. Ground contours indicating where the salt water penetrates the upland during storm tides are clearly visable on inspection. . ; - 4 . Property elevations' appear to be 6" to 7 ' with sections of the N/W corn right at sea level . indicating extensive amounts of fill would be required to bring the property above flood plane. Our application states only 100 c.y. are needed to ,bring the septic system above grade. I find this estimated highly questionable. 5 . Hallocks Bay is the most viable - shellfish resourse within the Town of Southold and is currently a proposed State designated Significant Shellfish and Wildlife Habitat..The areas value as a scenic resourse can not be underestimated. " Ellen M. Lai r'- r Page 2 Charles- gamilion May 3 , 1986 6. The seaward perimeter of Hallocks Bay is one of the most undisturbed intertidal areas within our Town. Saltwater intrusion will most likely be a serious effect of year round occupation of homes in an environmentally fragile area not adaptable to development. Aldacarb and nitrate intrusion is a documented fact in the water supply of this area. As a elected offical obligated ' to protect ecologically valuable properties sufi as the -one described above for the benefit .of all Southold Town residents, I have the utmost' confidence that this matter, will receive your full attention. Please feel free .to contact either myself or ' any of the other Town Trustees regarding this matter. . Thank you in advance for your kind consideration. Yours Truly, Vllon• M. Larson, Trustee Town of Southold enc. cc: Trustee file VV �ije; o'� ENVIRONMENTAL SERVICES --ram EN-CONSULTANTS, INC . 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 516-283-6360 January 16, 1986 Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Proposed home construction by Alexander Koke Subject site: Narrow River Road, Orient Suffolk County Tax Neap No. 100-027-2-5 Dear Sirs: Attached please find a site plan of the project referenced above. As the Construction is greater than 75' from wetlands, I assume the Trustees have no jurisdiction in this matter. Would you kindly verify this in writing. 44 If this is not the case and a permit is needed, please notify us and an application will be promptly submitted. Very truly yours, RLH:db Roy L. Haje Enclosure Pr6sident ,v % TELEPHONE (516)765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Soutliold, New York 11971 February 3, 1986 Mr. Roy Haje, President En-Consultants, .Inc. 1329 North Sea Road Southampton, New York 11968 RE: Alexander Koke Dear Mr. Haje: Following deliberation, the Trustees took the following action regarding the above referenced matter: 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 documentation submitted concerning this request; and WHEREAS, the Board made the following findings of fact: 1. By this request, appellant requests a determination on the need of a wetland permit for the construction of a .single family residence on Narrow River Road, Orient-to be constructed 90 ' ± from the marsh area. 2. The property in question is on the Map of Property surveyed for Alexander G. Koke at Orient, Town of Southold or more particularly known as District 1000, Section 027, Block 2 lot 5. In considering this request, the Board finds and determines: 1. As proposed the project is not within the jurisdiction of the Town Trustees. 2. As proposed the project will not adversely affect the health, safety and general welfare of the people of the town. Accordingly, the Trustees determine that the project as proposed does not require a permit under the Wetland Ordinance. However, if the site plan is amended to a distance closer than 75' to the wetland area, a permit will be required. Very truly yours HenA�oTown mith, President Boa Trustees HPS: ip cc: Building Dept. Board of Appeals TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 February 24, 1986 Mr. Roy Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, New York 11968 RE: Alexander Koke Dear Mr. Haje: Please be advised that the Trustees conducted. an inspection on February 20, 1986, regarding the above- referenced matter and it has been determined that a wetland permit will be necessary for this project. Attached for your convenience is a wetland application. If you have any questions, or concerns, please do not hesitate calling this office at the telephone number listed above. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling, Clerk Attachments cc: Trustees File i ENVIRONMENTAL SERVICES EN-CONSULTANTS , INC . 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 516-283-6360 March 5, 1986 Board of Town Trustees Town of Southold Post Office Box 728 Southold, New York 11971 Re: Proposed One-iLnily Dwelling for Alexander Koke, Narrow River Road, Orient Dear Sirs: In accordance with your February 24, 1986 letter, I enclose application for a wetland permit for the project referenced above. I am uncertain of the reason for requiring a permit, how- ever, as the site of the proposed house lies approximately 90' from the nearest edge of wetlands. As I understand your jurisdiction to be 75' from the edge of wetlands, we would appear to be beyond jurisdiction. In order not to delay the project, would you please pro- cess the application if necessary. I would appreciate learning the reason for determining the necessity for a permit. Yo truly, /Wa- Roy L. Haje President RLH:p Enc. cc: Rudolph Bauer, Attorney at Law ..� 4;F TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 April 9, 1986 Mr. Roy L. Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, New York 11968 Re: Alexander Koke Narrow River Road, Orient Dear Mr. Haje: Per our telephone conversation on April 8 , 1986 the Southold Town Trustees reviewed my initial survey of the subject Alexander Koke property in Orient and found Wetland indicator in situ within seventy-five feet of the proposed activity, therefore requires a Wetland Permit. Very truly yours, John Bredemeyer, Vice President Town Trustees Ilene Pfifferling Clerk to Board JB: ip cc: Trustees file Board of Trustees - March 27, 1986 = Page 7. 6. DONALD BRENNAN - LEAD AGENCY DECLARATION Moved by Trustee Goubeaud seconded by Trustee Bredemeyer it was RESOLVED that the Southold Town Trustees declare itself 'lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Donald Brennan submitted by COstello Marine Contracting Corp. for a Wetland Permit on certain property located at 10090 New Suffolk Avenue, New Suffolk. 6. Vote of Board: Ayes: All This resolution was declared duly adopted. 7. ALEXANDER KOKE - LEAD AGENCY DECLARATION Moved by Trustee Krupski seconded by Bredemeyer it was. RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Alexander Koke submitted by En-Consultants, Inc. for a Wetland Permit on certain property located on Narrow River Road, Orient. 7. Vote of Board: Ayes: All This resolution was declared duly adopted. 8. Ken Schuler - LEAD AGENCY See Communication no. 19 - Waiver was granted for work to be done. 9. ROSE SAHM - MOORING Moved by Trustee Smith seconded by Trustee Goubeaud it was RESOLVED to Table the application of Rose Sahm for a mooring permit in Town Creek, Southold until a letter of permission is submitted for access. 9. Vote of Board: Ayes: All This resolution was declared duly adopted. 10. CHARLES A. MEBUS - LEAD AGENCY DECLARATION Moved by Trustee Bredemeyer seconded by Smith it was RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State' Environmental Quality Review Act in the matter of the application of Charles A. Mebus for a Wetland Permit on certain property locat on 2145 Wells Ave. , Southold. 10. Vote of Board: Ayes: All This resolution was declared duly adopted. 11. LOTHAR HERTEL - By Garrett Strang - Waiver See Communication no. 21 Board Waivered. the need of a Wetland Permit. HENRY P. SMITH, President JOHN 17. BREDEI7EYER, Vice-Pres. o �: ';�;4' T TELEPHONE to :?, K ,-� '' (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 June 30, 1987 Mr. Jon C. Kerbs P. 0. Box 525 Greenport, New York 11944 Re: Koke/Kerbs Wetland Application No. 373 Dear Mr. Kerbs: The following action was taken by the Board of Town Trustees during their regular meeting held on June 25, 1987 regarding the above referenced application: WHEREAS, Alexander Koke/Jon Kerbs applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated March 1, 1986, 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 August 28, 1986 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 Alexander Koke/Jon Kerbs BE AND HEREBY IS GRANTED PERPIISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Construct a one family house, driveway, sanitary system and well and to fill with approximately 100 cu. yds. of fill to raise the grade. Property is located on Narrow River Road, Orient. Approval is subject to the following: All construction being kept within the Building envelope of the survey provided. The house is to be constructed on open pilings as discussed on field survey with the applicant, and subject to the approval of the Suffolk, County Department of Health Services. A communication is to be forwarded to them requesting that they give due consideration to the coliform generation toward Hallocks Bay with any technically advanced o-r new sanitary system Imp— ago 1K 40 Board of Trustees Alexander Koke/Jon Kerbs - approval - page 2. be constructed if it is deemed necessary. This permit will expire on June 25, 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 due at this time. 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: Robert A. Greene, D.E.C. , Stony Brook Commissioner Henry G. Williams, D.E.C. , Albany Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservation Advisory Council Bldg. Dept., Board of,Appeals File Board of Trustees Alexander Koke/Jon Kerbs (Addendum) The following conditions apply to this permit: 1. All necessary precautions shall be taken to preclude contamination of any wetlands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coating, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. 2. All fill and spoil material. shall be suitably contained at the work site so as to prevent its eroding, leaching or otherwise entering -into the adjacent wetlands and waterways. td? 114NOF, ( '!c1p Fi S �1 b $ f 4§)1$4.yslp5l WW YlJkk SiAlt bil'AlM,011I 01 IWVIRUNIAINIAl (045111VAlll1N UIC PIRtW1 NUMIUR Aft IFIICIIVI DAIL I U—b 6-009 2 - IACIIIIYIPROC,RAM NUMfifR(t) PERMIT IXPIRATION DATII%) Under the Environmental Conservation law N/A ].2/3] /87 ❑Article 15, Title 5: ❑Article 17, Titles 7, 8: SI'DLS ❑Article 27, Title 7: Protection of Water ❑Article 19: Solid Waste Management ❑Article 15, Title 15; Air Pollution Control ❑Article 27, Title 9: Water Supply ❑Article 23, Title 27: Hazardous ❑Article 15, Title 15: Mined Land Waste Management Water Transport Reclamation ❑Article 34: ❑Article 15, Title 15: ❑Article 24: Coastal Long Island Wells Freshwater Wetlands Erosion Management ❑Article 15, Title 27: XUArticle 25: ❑Article 36: Wild, Scenic Tidal Wetlands Floodplain Management and Recreational Rivers ❑Articles 1, 3, 37; 6NYCRR 380: 116NYCRR 608: N—New, R—Renewal, M—Modification Radiation Control Water Quality Certification C—Construction, O—Operation, (If Applicable) PERMIT I SUED TO Alexander Koke ADDRESS OF PERMITTEE Schooner Dr. , Southold,NY 11971 A ENT FOR PERMITTEE/CONTACT PERSON TELEPHONE NUMBER oy Haje,Pres. ,En—Consultants,1329 N.Sea Rd. ,Southampton,NY 11968 7 283-6360 ^ �gxx >>rG�x141xf# och��x94x�t�k�tt PROJECT SITE ADDRESS: Narrow River Rd. Between lands of Town of Soi)fjiold PIIIIQOL�11 LOCATION OF PROJECT COUNTY TOWN/CITY/VILLACE UTM COORDINATES Orient Suffolk DESCRIPTION OF PROJECT/FACILITY Construct one family dwelling and septic Septic system to be between house and road. Place 100 c. . fill in area of stpt-ir- system. All parts of house to be a minimum of 75' from tidal wetlands. GENERAL CONDfTIONS By acceptance of this permit,the permin"agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations and the conditions specified herein or attached hereto. 1. The permrttee shall file in the office of the appropriate regional permit administrator,or other off ice designated in the special conditions,a notice of intention to commence work at least 48 hours to advance of the time of commencement and shall also notify himther promptly in writing of the compietion of the wod;. 2. Thapermated work stall be subject to inspection by an authorized represematrve of Vte Drparanent of E nvironmental Conservation which may order the work suspended rf the public interest so requires. 3. The penmrnee 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 indemnity 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 corsdrtion 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 permirnee 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 r>erionn 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 parry to the permit- 7. The permatee 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 Deparment 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. PEItJYtI,TRUANCEDATE I PERM NST�al ADDRESS Bldg.40,SUNY,Rm.219 77//LL/ Charles T. mi Stony Broolc NY 11794 AUTHORIZED�SI�NATU�RE X. I Page 1 of 3 ec:D.Falloa a ' It r fjlaa.y" (fwrgOri,�'+��aila,a Ivied jADDIM)NAL GLNLRAL CON0I1IONf 10K AKIICLL$ 15 (Mir ri), 74, 7.',. :14 and :Ib 1O That it future operations by the State of New York require an al- 14 Any material dredged in the prosecution of the work herein permitted terauun in the positron of the structure or work herein authurued, or shall fm removed evenly,without leaving large reluse Arles,edges acruss if, in the opinion of the Department of Environmental Conservation the bed of a waterway or floodplain or deep holes that may have a it shall cause unreasonable obstruction to the free navigation of said tendency to cause damage to navigable channels or to the banks of waters or flood flows or endanger the health, safety or welfare of a waterway. the people of the State, or cause loss or destruction of the natural 15. If any material is to be deposited or dumped under this permit,either resources of the State,the owner may be ordered by the Department to in the waterway or on shore above high-water mark,it shall be deposited remove or alter the structural work, obstructions, or hazards caused or dumped at the locality shown on the drawing hereto attached,and, thereby without expense to the State, and if, upon the expiration or if so prescribed thereon, within or behind a good and substantial revocation of this permit, the structure, fill, excavation, or other bulkhead or bulkheads, such as will prevent escape of the material modification of the watercourse hereby authorized shall not be com- into the waterway. pleted. the owners, shall, without expense to the State, and to such 16. There shall be no unreasonable interference with navigation by the work extent and in such time and manner as the Department of Environmental herein authorized. Conservation may require,remove all or any portion of the uncompleted ble 17. If granted unde7 Articles 24 or 25, and if upon the expiration or re- structure or fill and restore to its former condition the naviga permit,modification of the wetland hereby authorized and flood capacity of the watercourse.No claim shall be made against vocation of this the State of New York on account of any such removal or alteration. has not been completed, the applicant snail, without expense to the State, and to such extent and in such time and manner as the 11. That the State of New York shall in no case be liable for any damage Department of Environmental Conservation may require,remove all or or injury to the structure or work herein authorized which may be caused any portion of the uncompleted structure or fill and restore the site by or result from future operations undertaken by the State for the to its former condition. No claim shall be made against the State of conservation or improvement of navigation,or for other purposes,and New York on account of any such removal or alteration. no claim or right to compensation shall accrue from any such damage. 18. If granted under Article 36, this permit does not signify in any way 12. That if the display of lights and signals on any work hereby authorized that the project will be free from flooding. is not otherwise provided for by law, such lights and signals as may be prescribed by the United States Coast Guard shall be installed and 19• All activities authorized by this permit must be in strict conformance maintained. with the approved plans submitted by the applicant or his agent as part of the permit application. 13. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, Such approved plans were prepared by solvents, lubricants,epoxy coatings,paints,concrete,leachate or any other environmentally deleterious materials associated with the R. VariTuyl latest revisiOrt�n ��14fRh project. SPECIAL CONDITIONS 1• In order to protect the values of the adjacent wetlands there is to be no disturbance to vegetation or topography beyond 25 ' from the southerly side of the house. Supplementary Special Conditions (A) through (J) attached. i \ DEC PERMIT NUMBER ` 10-86-0092 PROGRAMIFACILITY NUMBER NSA Page 2 of 3 -� __ _. .. u.r..Z�. -.r y-- �asi�C SIC•! -...-..erv -. � -2 — - w .a SU�pLENLn TART' SPECIAL COtdU1I'lOf:5 The following conditions apply to all permits: A. if any of the permit conditions are unclear, the permittee shall contact the I)iViuiun of kngulatory Affairl! 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 be 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 this permit. Wofhthatnf rmeshall completion completed permitted returnedk, the bottom portion 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 b modifications. Regional Permit Administrator prior to undertaking any such 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 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 n writing, shall be treated as a violation this permit, unless authorized i 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 &-=y Corps of Engineers, NY District, 26 Federal Plaza, Nev, York, NY 10278, (Attention: Regulatory Functions Branch) , prior to commencement of work authorized herein. J. The granting of this permit does not relieve the permittee of the approval responsibility of obtaining a grant, easement, or other necessary a pp 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 Enviroumental. Conservation Bldg. 40, Sa-Yy_Rocm 219 Stony Brook, NY 11794 (516) 751-7900 DEC # 10-86-0092 Page 3 of. 3 _T_ _.��._...•."",._....-y..-...a......a-�r�er-�.-..�.z- ram• •�: r qp 40 Y b tLL wry•��' :.��� ����p... �\/� � � / a O�(�' �L��' �Ir' �11 .. ... � ..4 ,'. � . '• ,• r of.,. -' - �5:_i3._ � .. - Pf�E_�MtSE_l _i' L_QOD�Z ^ttE A'-7� EL, CQ+VTIJU)' ..LIrL� YIII LQ.L�ir! F24.7 EJ--, lbs. I'+C>�1N r;, -A.L_L V E _��, ►'t ����'.��j '�.�.` /. (_yam' �_�:.'I �'�J �: '��^�"tir'�t�.J•.Ce.-r'�7. .�::'�`..�� {'i� r�'- n a — --- - — POOL �� r - s Up 3; 1 `� O �,. . W '�.. �/ � i, •� P'� . OVA` '. -:� : ��g8�; � //// _ �: :may• r %� ;• :�,��� �� �' �✓' . .. ' •,� . . 'off :�� ' 71 Ax �z/ •��� v�.• •-� �//�� �-f: :� - . �•, . ���tr .-� • • '� ol iy Ay re CO 01 o ,,� ,:• - �. ss te E �.NQ.TE '=POEM. q.'7+iEL toe s r_ . coNTOU215 4..E'EVX[LO.N .12=FE!? ��-- MOM uf--F: . .C. �• '.\�I._:I`,t ;1��=� 1�`,;��"r�''(cJ5".G..,� �.,:ANt7r'.F�04..*l r �. Ct, GlY-�'-,c�� ��" , eat;-�j • v`� ' • • / / ��7� / � . /✓ fi7> /f A ha. 7.A9 i /' 6 `� `P�e°tip" \ " �lL,,•::�','.r Co CIL IsIA ,:.• -;, � irk �; ` NQTE0- .'Pr,- MISE5 IN F-[_ooa ZONE A-1 (F-1.... Ia -ow our,n y 'oNs (2E•.FFEI in ILT — 77f7t?4Q�7C7x rcT77?c 7�?SpLT Y{ i�d0<<.C1..�V -''�C�'7�7�r',�y�.r�-+-T-v�7-[?rrv,t•;-►• _ -'�`w - . u.y MtN. ip.p I p. 6.'S �.l- 6 5.5" "'fir`• 4�2ADl .Pt,l�.h1i _ �020UtJD WATLtZ TAN1G _ -- POOL(5 f IEDYNE POST N61239 ;4` , AM f New York State Department of Environmental Conservation Regulatory Affairs Unit Bldg. 40, SUNY, Room 219 / Stony Brook, N. Y. , 11794 O Henry G.Williams 516 751-7900 Commissioner July 1, 1986 Ms. Ellen Larsen P.O.Box 384 41505 North Road Southold, N. Y. 11971 Re: Application No. 10-86-0092 Alexander Koke (Narrow River Rd.) Dear Ms. Larsen: An additional field check of this project was made on May 20th as a result of your letter dated May 3, 1986 and that of Peter Wenczel dated May 14, 1986. Technical staff found a high meadow fringe consisting of Spartina patens and Distichlis sp_icata along the shoreline of this lot with a maximum width of ab6ut. 35' extending inland from the "high water mark" shown on submitted survey. _DEC staff considers the upland edge of these grasses where these predominate as the landward extent of tidal wetlands. A part of this fringe does include the groundsel bush, Buccharis'halmir folia. The seaward corners of the house were found to be about 75' from the tidal wetlands grasses and--the septic system more than,100' away. While the groundsel bush does occur landward of the tidal wetlands ,grasses it is intermixed with poison ivy and other upland plants. Groundsel bushes by themselves are not considered by DEC staff as indicative of a tidal wetland. Thank you for your interest in the matter. Very truly yours, Charles T. Hamilton Alternate Regional Permit Administrator Region 1 RNT:rw. cc:Peter Wenczel - Southold Town Baymen's Assoc. Inc. FORM NO.9 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERIC'S OFFICE SOIJTHOLD. N.Y. NOTICE Or DISAPPROVAL l i1c \'c . Date . . G�vti~o � cZ g. . . . . . 19 . .g . Fo a--A . . . . . . . . . . . . . . . .. . . . . .�. . .-. . . . . . . . . . . . . 1 ITFASE TAKE NOTICE-' drat your application dated . . •.OYktA;+-+1 . .�:� . . . . . . .. Iq .��. . for l rtrtit to construct . .GL . A.'1U at Location Of Property House No. Streot /l�onlet County l';ix Malt No. 1000 ;Section . . . . . . Block . . . . .c').a . . . . . Lot .1;:7!r.. . . . . . . . Suhdi'.i1.ron . . . . . . . . . . . . . . . .. Filcd 1➢ah No. . . . . . . . . . . . . . . . .. n-Lot No. . . . . . . . . . . . . . . . . . r, r lurnccl Iucrcwith mid disapproved on the following grounds(.Y�SG�-�L . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector rr�i tr^o .Eu�t&.£tcro„�r�rs-arr�ar is•ec,r,� ��"T'^�'�+ s�w�enerr�r, RAYA;9•'�7 i�+na•ea-,�.,.�. V t.• v44,' fiew �t'ork State Department of Environmental Conservation ulat0ry Affairs Unit - Region I -'e ig . 40 , SUNY, Room 219 Stony Brook , NY 11794 ( 51 6 ) 751-7900 Thomas C. Jorling 00 January 6, 1988 Commissloner AMENDMENT TO PERMIT Former Permit # ( if any) : (Former Permittee Alexander Koke) RE: Permit No. & Location: 10-86-0092, Narrow River Rd., Orient John C. Kerbs P.O. .Box 525 Greenport, NY 11944 Dear Mr. Kerbs: X Your recent request to extend the above permit has been reviewed pursuant to 6NYCRR, Part 621 . It has been determined that there has not been a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit ; therefore, the expiration date is extended to X Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621 . It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions.. Therefore, the permit is amended to authorize: (1) Construction of a single family dwelling and attached deck within 47'x57' outline and place 250 cubic yards of fill within area of cesspools between 110USe and road. All work to be ill accordance with attached plans prepared by J.C. Kerbs dated 12/23/87, approved by NYSDEC. (2) Change in name of permittee to above addressee. Ad tirnal Crlditians: (1) the 50' natural vegetated buffer is to rcinain; (2) drive-way is to be of peraxa-ble material; (3) This letter also confirms thst the 47'x57' building outline shown on said plan is 75' from the DEC determined tidal wetlands l i:ie. This letter is an amendment to the original permit and as such, shall be posted at the job site. All other terms and conditions remain as written in the original permit . Very truly yours, ZIMY"Ike'- Alfred T. Kellar Deputy Regional Permit Administrator P,Nr Sent to: JINgV 1 1 " 95.20b(9/85) ` N. ,DRK-STATE DEPARTMENT OF ENVIRONMENTAL CO 'IATION DfC-PERMIT NUMBER EfF /2ECTIV DATE 5 10-86-0092 /2/86 FACILIMPROCRAM NUMBER(s) PERMIT EXPIRATION DATE(s) Under the Environmental Conservation Law 12/31./87 N/A ❑Article 15, Title 5: ❑Article 17, Titles 7, 8: SPDES ❑Article 27, Title 7: Protection of Water ❑Article 19: Solid Waste Management ❑Article 15, Title 15: Air Pollution Control ❑Article 27, Title 9: Water Supply ❑Article 23, Title 27: Hazardous ❑Article 15, Title 15: Mined Land Waste Management Water Transport Reclamation ❑Article 34: ❑Article 15, Title 15: ❑Article 24: Coastal Long Island Wells y Freshwater Wetlands Erosion Management ❑Article 15, Title 27: YLUArticle 25: ❑Article 36: Wild, Scenic Tidal Wetlands Floodplain Management and Recreational Rivers ❑Articles 1, 3, 37; 6NYCRR 380: ❑6NYCRR 608: N—New, R—Renewal, M—Modification Radiation Control Water Quality Certification C—Construction, O—Operation, (If Applicable) PERMIT 1 SUED TO Alexander Koke ; ADDRESS OF PERMITTEE Schooner Dr. , Southold,NY 11971 TELEPHONE NUMBER A ENT FOR PERMITTEEICONTACT PERSON oy Haje,Pres. ,En—Consultants,1329 N.Sea Rd. ,Southampton,NY 11968 283-6360 Nx�tl�xemcmEul xt�xid PROJECT SITE' ADDRESS: Narrow River Rd. Between lands of Town mf qnjithold S. Plust-h-31, LOCATION OF PROJECT COUNTY TOWN/CITY/VILLACE UTM COORDINATES Orient Suffolk DESCRIPTION OF PROJECT/FACILITY Construct one family dwelling and se Septic system to be between house and road. Place 100 c. . fill system. All parts of house to be a minimum of 75' from tidal wetlands. GENERAL CONDETIONS By acceptance of this permit,the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations and the mtsditions 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. 3. The perminee has accepted expmsly,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 descnp- tion resulting from the said project 4. The Department reserves the right to modify,suspend or revoke this permit at any time afar due notice,and,if requested,hold a heating 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 televent 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 fours,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 perminee is responsible for obtaining any other permits, approvals,lands,easements and rights-of way which may be required for this proiect B. 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 tern,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. ,fffr ,IVUANCEDATE M n5 ADDRESS Bldg.40,SUNY,Rm.219 //LL/ Charles T. Stony Brook NY 11794 AUTHORIZED SI NATURE X 1C Page 1 of 3 cc:D.Fallon i t '` ) 95-20.6a(91851 (Title 5), 24, 25, 34 and 36 'ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Ti ial redged in the 10 That if future operations by the State ofN 14 Any shall betremovd evenly,without leaving ecution of h leavi g la ge refuse piles.ridges ac e work herein permitte rod teration in the position of the structure or.w o k herein authorized,or aterway or floodplain or deep holes that may have a if, in the opinion of the Departmentob tion to free ono vation -said the bency to taus damage to navigable channels or to the banks of it shall cause unreasonable waters or flood flows or endanger the health, safety or welfare of a waterway. =- destruction of the al If any rial is to ited or under this ermit,either the people of the State, or cause loss be order d by the Departmentrto 15 in the aterway or on be asbove high-water ddmark,it shall be deposited resources of the State,the owner may locality remove o attached.and, or alter the structural State,and fruct!upon the expiration oons. or hazards dr {r do pees ribeat d thereon,swithin orh behind'ag good t and substantial thereby without expense to bulkhead or bulkheads, such as will prevent escape of the material revocation of this permit, the structure, fill, excavation, or other authorized shall modification of the watercourse hereby not be corn'nd to such waterway.into the 16 There shall be no unreasonable interference with navigation by the work pleted, the owners, shall,without expense to the State, a extent and in such time and manner as the Department of Environmental herein authorized. Conservation may require,remove all or any portion of the uncompleted 17 If granted under Articles 24 or 25, and if upon the expiration or re structure or fill and restore to its former condition the navigable - vocation of this permit,modification of the wetland hereby authorized has not been Completed,the applicant shall,without expense to the and flood capacity of the watercourse.No claim shall be made against State, and to such extent and in such time and manner as the the State of New York on account of any such removal or alteration. Department of Environmental Conservation may require,remove all or . 11. That the State structure New York shall in in case be liable for any damage any portion of the uncompleted structure or fill and restore the site or injury to the structure or work herein authorized which may be caused to its former condition. No claim shall be made against the State of by or result from future operations undertaken by the State for the New York on account of any such removal or alteration. conservation or improvement of navigation,or for other purposes,and no claim or right to compensation shall accrue from any such damage. 18 If granted under Article 36, this permit does not signify in any way that the project will be free from flooding. 12. That if the display of lights and signals on any work hereby authorized 19 All activities authorized by this permit must be in strict conformance be prescribed by the United States Coast Guard shall be installed mayd and is not otherwise provided for by law, such lights and signals with the approved plans submitted by the applicant or his agent as part maintained. of the permit application. 13. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, roved plans were prepared by Such app solvents,lubricants,epoxy coatings,s.P t aims,concrete,leachate or any R. VanTuyl laest rev_ -5.i-a bn , other environmentally deleterious materials associated with the project SPECIAL CONDITIONS 7house. otect the values of the adjacent wetlands there is to be no etation or topography beyond 251 from the southerly side of ial Conditions (A) through (J) attached. i DEC.PERm[T !:UMBER 1n—R6—nn92 I T f f SUFFOLK CO HEALTH DEPT. APPROVAL f`/-/ � y'� `-" ► - STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO. DEPT. OF HEALTH SERVICES. Ol!G,� % �. APPLICANT SUFFOLK COUNTY DEPT. OF HEALTH {� ? . SERVICES - FOR APPROVAL OF '✓ / CONSTRUCTION ONLY °;� ,�fr ;; �',�I+ i • i DATE: H. S. REF. NO. APPROVED: SUFFOLK CO. TAX MAP DESIGNATION: r ~ ' DIST. SECT. BLOCK PCL. I' , �./ '// f _ ,- , •� .. — � �it .. " OWNERS ADDRESS: �_ : �;,��' _ �, :. - -- - -, ;' .' ; • -' -_� � - __ DEED: L. P. TEST HOLE STAMP _",- ' _Qr ' :h,•, ..• -.�31;ar3?SQrI(L edaai-,n lz IL Lii N. i ",, _ ,, �`- 'v, .. -- ='ih• curvy m... .. ,rr, "� ti f�L='•'��.�:� ,::�t � . ;. � . ,-:r�;r, • F�E✓". ln l�j'1"n _ ____— _ •.- , . ".,.. •,.,�•,.. ,.. . i -- _:_` - 1 ' �•. it SEAL ji `•i .._ - - --' t3e'7 I ,.., t."a�.�I il v ^^7"�',�.,.r„�.,,._ �� I fL t- 1 1__ ��-`•- < _ RODERICK VAN TVYL. P.C. LICENSED LAND SURVEYORS - O.O GREENPORT NEW YORK i TFLEOYNE POST rvt.1239 i New York State Department of Environmental Conservation Regulatory Affairs Unit - Region I Bldg. 40 , SUNY, Room 219 �1 Stony Brook, NY 11794 homas C. Jorling ( 516 ) 751-7900 January 6, 1988 Commissioner AMENDMENT TO PERMIT Former Permit # ( if any) : (Former Permittee Alexander Koke) RE: Permit No. & Location: 10-86-0092, Narrow River Rd., Orient John C. Kerbs P.O. Box 525 Greenport, NY 11944 Dear Mr. Kerbs: X Your recent request to extend the above -permit has been reviewed pursuant to 6NYCRR, Part 621 . It has been determined that there has not been a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; therefore, the expiration date is. extended to X Your recent request to modify the above permit has been reviewed pursuant to .6NYCRR, Part 621 . It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions . Therefore, the permit is amended to authorize: (1) Construction of a single family dwelling and attached deck within 47'x57' outline and place 250 cubic yards of fill within area of cesspools between house and road. All work to be in accordance with attached plans prepared by J.C. Kerbs dated 12/23/87, approved by NYSDEC. (2) Change in name of permittee to above addressee. Additional. Conditions: (1) the 50' natural vegetated buffer is to ruin; (2) driveway is to be of permeable material; (3) This letter also confirms that the 47'x57' building outline shown on said plan is 75' from the DEC determined tidal wetlands line. This letter is an amendment to the original permit and as such, shall be posted at the job site. All other terms and conditions remain as written in the original permit. Very truly yours, Alfred T. Kellar Deputy Regional Permit "Administrator RNT Sent to: BET a'� e!f a:; v:�:w� d✓E is"ii'1l 'a l� U7 ,: �`i{ {�' '::1' r,. 1 Cons ervation atory Affairs Unit - Region I ` `{ Bldg . 40 , SUNY, Room 219 Stony Brook , NY 11794 _ ~{ ( 516 ) 751-7900 �� y� ���® Henry u: Williams ® Commissioner: AMENDMENT TO PERMIT Former Permit # ( if any) : RE: Permit No. & Location: �d �6 - � 09� { V�k�nr�CPU Z`v-D'r l�,.j ©"f(eq+ G � N� 11� Vy , Dear WA-j �= ✓�S 1C.K,K Your recent request to extend the above permit has been reviewed ,�ursuant to 6NYCRR, Part 621 . It has been determined that there has not been a material change in environmental conditions , relevant technology or applicable law or regulations since the issuance of the existing permit; therefor`, the expiration date is extended to / /D _ K)6C Your recent request to modify the above permit has been revie-we'_: pur-cuant to 6NYCRR, Part 621. It has been determined that the proposed modifications will not substantially change the scope of the permitted cct�o- s or the ex' sting permit conditions . Therefore, the permit is amended to authorize: Wems , 47 `Xs� ' c5u+(k, a+-eQ P(ctc-a- �tvi'"S0 C, e-e 55 y-��1 S VJ�c�v f{ (� �C�vl/l�- V Q y t�`I' uv-6fp I -o 6`Q l, ace o tth L WiY- a*FCc 'cc �(a"', P�'�CL d. dcJ' -.PGQ Cana �-, �c-1� � f V�� -e .`hQ a ham GC-Q�(ram s s e I ric lVtter is an amendtmert to the original permit and as such , shall ID-- tA osted at the job site. AcOt1ern ,ad C -,, d,�{tc�- :O fr" S0r 0Ca. � rr 2--JO. y .-� C� .��w1 Q G/, vv.=ll o he7r terms and con itions remain as writteftin the ongiral permit. 11-°VS -t L �' `«s `� XY7l bwlhr"Cj- Very truly yours7 F ` fi. coicCA �.�c. _e. 5 cis(C �rfi &, t Deputy Reg_onal Pe- Adr--nistrato= R(VT Sent to: �nil�p • _..:_------G---• ---- - ' - Lam. . . . �. — NNrc zq s �Vew s o Y 4, - f' \, . �.'a ® . . o 4tj All/ . f <\: '�. `• .�„�,Qom : yx N V T R, t r• en Ju `i••-:. .;:i'. •�. _ r.. .Q �,� `�� /'tip .• tea/, �. '-�'�'y� '(�C•� ''��•t` • i.�..• •� � i��: .1: '-';•�:A�••' •�'`_.,. ��� ,�u�fal �- .dry/�. /.-� .4 /J� • . •'y� ���• P fiC s� .-�,�, erg ' � � _•O. � �� �0 '�.� S , • - .10 A . - . NO Eni;MEM15 ..Ari•'F=t_00D ZOWE.A�7;,Et.. COfJ?"ni:1 .: ..E(rE1rAC �i'tts�.R FEf MEAt;.i : '�+..i.. EC:C_�:�►M F. : j: � ; �}:,.�...�-_......�-u w. � Flhl14Fi1=� G I:A(?�•� � b'.O .; -'. - POOL�5� r iLj it �6wv\ rl 1 \ � cQs--na G tAa�.� a ►cam 1 - Ves �� \,_ --s 1e4e Y GC" -T\ s. y _ $ C,3"x C-,j S, u L-,%- 1 - � \ Su Lu - , 1 V)(A f r � Z r 1 V--A - - ----- - - 10 rD I --- - -S3 k----- _�_. �o ------ Clb ue) AeS 1_ -�.c,�--S c�_s_______ _ _ �_\3 _c.�0• ------ _ �- eQ----- -- . .3 m VVN ANY- r` (-kk ��TI- 1 r 1 r n r. • P e n � 1- y •,h _ - ---------- - ��--� -- ----- —--- -ire--- �` -- a-------`O G`S C G - _ S - - - S-- r�-�^- -_--- ----__-- ---- ` Y ` c � � _ ------ ---- OA -�C�n 18 va -`5 -- -- __. �����'o-----��5------- ---1 \-L--- ---\�-•---�-�_- Ste_ ----------- ---------- --JP- A - r- 1 er i rt� a ' 1 t f _ - i - r ------ i ---•----- —- fi•-/�:-ram ;p� ��"�~ �?��/� �l".a'r�t�,�f..r`,'� ' LFy'(V ww�r l r rye 6• s;u .".� r�.t,!'�� # n Y „ y rl'nrlrt�c �... r° t.i ��..�� !� 4rn •;�µ11 `fitSj ai7�.1 ";.i�qY,.. `ry �"—_.___.—._.___ 2 •q. .F ¢ r f it-•, JSl�.t New York State Department of;Environmental Conservation Regulatory Affairs Unit Bldg. 40., �SUNY; Room 219. Stony Brook, N. .Y. -11794 Henry sie s 516 751-7900 mion - 3 July: 1, 1986 Ms. Ellen Larsen P.O.Box 384 41505 North Road Southold, N. Y. 11971 Re: Application No. 10-86-0092 Alexander Koke (Narrow River Rd.) Dear Ms. Larsen: An additional field check of this project was made on May 20th as a result of your letter dated May 3, 1986 and that of Peter Wenczel dated May 14, 1986 Technical staff found a high meadow fringe consisting of Spartina patens and Distichlis spicata along the shoreline of this lot with' a maximum width of about: 35' extending .inland from the "high watermark shown on submitted survey.- DEC staff considers the upland edge of these grasses where-these predominate as the landward extent of tidal wetlands. A part of this fringe does include the groundsel bush, Buccharis'halmir folia. The .seaward corners of the house were found to be about 75' from the tidal wetlands grasses and the septic system more than,100' away. -While-the groundsel bush does occur landward of the -tidal wetlands grasses it- is intermixed with poison ivy and other upland plants. Groundsel bushes by themselves are not considered by DEC staff as indicative of a tidal wetland. Thank you for your interest in the matter. Very truly yours, 4 Charles T. Ha-milton Alternate Regional Permit Administrator Region 1 RNT:rw cc:Peter Wenczel -. Southold Town Baymen's Assoc. Inc. I. �= L � I o bDERICKVAN TUYL (L.S.) OTTO W.VAN TUYL / COLIN VAN TUYL RODERICK VAN TUYL, P. C. Professional Engineer (Retired) Licensed Land Surveyors FRONT STREET AT MAIN GREENPORT, NEW YORK 11944 /III (516) 477-0170 August 26, 1986 Board of Town Trustees Town Hall, Main Road Southold, NY 11971 Dear Board of Trustees: There is apparently some question regarding the topographical survey prepared by us for Alexander Koke on Narrow River Road, Orient. The enclosed map has been revised and marked to clarify the datum used: The contours refer to an elevation of 6.5 feet at the angle in Narrow River Road, as shown on the Suffolk County D.P.W. aerial survey, which is based on the U.S. Coast & Geodetic Survey's 1929 datum at Sandy Hook, establishing "mean sea level" . As previously noted on the Koke survey, the elevation of the observed ordinary high water mark was 3.1 feet. To refer the contours to ordinary high water, subtr act the 3 feet from the numbers shown. The elevation at the test hole site is 6 feet above mean sea level; the depth to water was 4 feet. To refer the contours to the depth to water, sub tract the 2-foot difference from the numbers shoiai (see grading plan) . We hope this helps to clarify the situation. Sincerely, 6j, -0�,--T-4," Colin Van Tuyl CVT:avtk Enc. cc : Alexander G. Koke Edson & Bruer, Esqs. Roy Haje � � l RODERICK VAN TUYL(L.S.) COLIN VAN TUYL RODERICK VAN TUYL, P. C. Licensed Land Surveyors 218 FRONT STREET GREENPORT, NEW YORK 11944 (516)477-0170 March 21 , 1988 To Whom It May Concern: This is to certify that the existing contour lines shown on our "Map of Property surveyed for Alexander G. Koke",, Narrow River Road,, Orient (Suffolk County Tax Parcel 1000- 027-2-5) are the result of an actual field survey performed by us on June 26,E 1986, The datum for these elevation contours was taken from the Suffolk County D.P.W. aerial survey, based on mean sea level of 1929 as established by the U.S. Coast and Geodetic Survey at Sandy Hook, N.J. Colin Van Tuyl 3 a It -- µ a -- Q r Free Supplement on request. See p. 4. _ AN UNIONS In thfa boob are based on Eastern Randerd Time ALL P.M.TIDES ARE SHOWN IN BLACK-FACED TYPE ONE HUNDRED AND FOURTEENTH YEAR _ ELDRIDGE co TIDE AND _ PILOT . . BOOK 1988 TIDES AND CURRENTS Daily High and Low Water at BOSTON ....................... pages 12- 17 t0 ar Tidal Differences, High and Low Water, Ports from O NOVA SCOTIA to KEY WEST ............................ pages 18-26 o Charts of Currents, BUZZARDS BAY, _ o VINEYARD and NANTUCKET SOUNDS .................. pages 50-61 Daily Current Tables,CAPE COD CANAL,WOODS HOLE and POLLOCK RIP ............ pages 30-49 Daily High and Low Water at NEWPORT .................... pages 64-69 Daily Current Table,THE RACE ............................. pages 70-75 Charts of Currents, BLOCK I.,LONG 1. Sounds ............... pages 78-83 Daily High and Low Water at BRIDGEPORT ................. pages 84-89 _ Z Daily High Water at WILLETS POINT ....................... pages 90-93 — Daily HELL GATE,THE NARROWS Current Table ........... pages 94- 105 Daily High and Low Water at THE BATTERY ................ pages 106- 111 # -- NEW YORK HARBOR Current Charts ........................ pages 112- 117 Daily High Water at SANDY HOOK ......................... pages 118- 121 Daily.DELAWARE BAY.ENTR. and CHESAPEAKE &DELAWARE CANAL Current Tables .................... pages 122- 135 Daily High Water at BALTIMORE ........................... pages 136 139 — Current Differences from MAINE to FLORIDA ............... pages 141 - 149 LIGHTS&FOG SIGNALS—COURSES&DISTANCES ..... pages 157- 193 1 — fV DISTRESS CALLS ........................................ page 241 RADIOTELEPHONE INFORMATION pages 243, 244 — RADIOBEACON STATIONS pages 237, 239 SEE DETAILED LIST OF ASTRONOMICAL WEATHER AND OTHER NAVIGATIONAL DATA ........ page 1 ROBERT ELDRIDGE WHITE, Publisher 34 COMMERCIAL WHARF Tel.742-3045 BOSTON,MASS.02110 3 =` Copyright 1987 by Robert Eldridge White PRICE: $7..Jr� and Marion Jewett White z , � PHASES OF THE MOON 1988 x THE TIDES AND THE MOON ;,,� •New Moon,O 1st Quarter,O Full Moon,0 Last Quarter,A In Apogee P in Perigee,N,S Moon farthest North or South of Equator,E on Equator The principal forces creating our ocean tides are the gravitational pulls of the moon January February March April May June and sun acting on the earth.While the sun's mass is 26 million times the moon's,it is 390 N 2 6pm O 2 4pm A 1 7am E 1 lam, O 1 7pm S 1 Ipm `times as far away. To find the relative gravitational forces,we cube 390,(59,000,000) 0 3 9pm A 3 5am O 3 11am O 2 4am J S 5 7am P 4 7pm and find that the effect of the moon is about 2.17 times that of the sun. A 7 lam E 6 noon E 4 6pm S 8 Sam 0 8 8pm O 7 lam High tide occurs on the side of the earth nearest the moon because of the gravita- E SO 7am 0 10 6pm 0 11 Gam 0 9 2pm P 10 5pm E 7 9pm tional force.High tide also occurs simultaneously on the opposite side of the earth;this 0 12 tam S 13 noon S 11 8pm P 13 6pm E 11 4pm • 14 4am arises from the fact that the rotational axis of the combined mass of the earth and the S 17 tam P 17 5am P 16 3pm E 14 9am • 15 5pm N 14 Ipm moon is not at the center of the earth,but located close to the earth's surface nearest the 0 19 lam • 17 1lam 1: 17 9pm-., •.16 7am1 N 18 Sam A 20 3am moon.This means that the side of the earth opposite the moon is subject to considerable P 19 4pm E 19 noon E 17 I 1pm N 20 9pm A 23 9am E 21 I rpm - centrifugal force,and bulges outward,causing high tide.Simultaneously,the oceans are E 23 tam 0 24 7am N 24 noon 023 6pm 0 23 noon 0 22 Sam depressed(low water)halfway between these two bulges.Since the earth's rotation and 0 25 5pm N 26 Sam 0 24 llpm A 25 2pm E 25 4pm S 28 9pm i � N 29 Ilpm A 28 7pm E 28 Sam O 31 Gam O 29 3 �- the moon's orbit make it appear to travel around the earth every 24 hours and 50 minutes pm on the average,we have the following usual daily sequence:high tide;6 hrs.12 min.later a low tide;a second high tide 12 hrs.25 min, after the first high tide;and 6 hrs.12 min. July August September October November December later a second low tide. P 2 lam E 1 9am 0 2 I Ipm N 1 Ipm 0 1 Sam 0 1 2am How much the tide rises and falls depends basically on three things. E 5 2am 0 4 Ipm N 4 Gam 3 2 noon A 4 6am A 2 lam 0 6 7am N 8 lam A 10 10am A 7 3pm E 5 6am E 2 Ipm First, when the sun and moon are in line with the earth,their gravitational forces N 11 7pm • 12 Sam • 10 11pm E 8 11pm • 9 9am • 9 lam work together to produce a greater range of tide than usual.This occurs at full moon, • 13 5pm A 14 7am E 11 5pm • 10 5pm S 12 11am S 9 5pm (moon opposite the earth from the sun)and new moon(moon on same side as sun).Note, A 17 7pm E 15 l lam O 18 lOpm S 16 6am 4) 16 5pm P 15 1lpm in the Boston High and Low iVater Tables,that the dates for Full Moon and New Moon E 19 5am 0 20 I lam S 19 lam 0 18 Sam E 18 11pm O 16 lam bring the highest tides of the month. These tides are called "spring tides". When the 0 21 9pm S 22 4pm P 24 llpm E 22 3pm P 20 5am E 16 4am moon is at right angles to the sun,(moon at first quarter and last quarter)their forces are S 26 7am O 27 6am E 25 5am P 23 7am O 23 1lam N 22 3pm working against each other and the result is a lower range of tide than usual.These are 028 lOpm P 27 noon O 25 2pm O 24 11pm N 25 7am O 23 lam called"neap tides".There are about 13"lunar"months in a year,so we have 26 spring P 30 3am E 28 7pm N 28 9pm E 29 8pm tides and 26 neap tides in the year. A 29 l 1pm Secondly, the moon's orbit around the earth is not circular but elliptical,ranging 0 30 I 1pm from 252,000 miles at Apogee,(A),down to 221,000 miles at Perigee,(P),and its effect on our tides at"P"is much greater than at"A".Note,in Boston High and Low Water Tables,how much higher the tide is when the Full Moon is at"P"than when the Full 1988 ECLIPSES Moon is at"A".The position of the moon in its elliptical orbit is thus very important to the height of the tides. On March 17-18 there will be a'lbtal Eclipse of the Sun extending from Malaysia to south of the southern. , most tip of Alaska. Thirdly,both the sun and moon pass through an apparent curve called the"ecliptic". On August 27 there will be a Partial Eclipse of the Moon visible from North America(except the eastern The sun's ecliptic takes a full year(see "Sun's Declination", p 229 The moon goes part),Central America,the western part of South America,part of Antarctica,the Pacific Ocean,Austral. esia and eastern Asia. through a similar ecliptic once a month.When the moon is on the hquator twice each On September 11 month,see"E",the day's two high tides will be about the sam—But curingthe northern- there will be half Annular Eclipse of al the Sun extending from the east coast of Africa, most declination(N)or southernmost(S),the two high waters will be mar through the Indian Ocean,to halfway between Austral the different ia and Antarctica. in height. THE PLANETS, 1988 This effect is known as"semidiumal inequality".It occurs because the gravitational VENUS is a brilliant object in the evening sky from the beginning of the year until early June(when it g becomes too close to the sun for observation)and in the morning sky a few days after mid-June until the end force of the moon when it has,Say,northerly declination,is creating the largest bulge in ofthe year.Do not confuse Venus with Jupiter in early March or with Mercury from late May to early June our northern hemisphere while it is passing above us,but on the other side of the world, and again in late June.Venus is the brighter object on both occasions. at the Same time,its principal bulge IS directly opposite US,Or in the southern hemisphere. MARS rises well after midnight at the beginning of the year when it can be seen only in the morning sky. Thus, 12i/z his.later when the moon is over China,its greatest effect on our side is in the Then its westward elongation gradually increases when it can be seen for half the night.On September 28 S.Atlantic,with a lesser effect in the N.Atlantic.The above principles are based on the Mara is at opposition to the sun and can be seen throughout the night.It then can be seen in the evening "equilibrium tide"theory,which presupposes a spherical earth which has no land masses rky for the rest of the year.Do not confuse Mars with Saturn from mid-February to early March.Saturn is and is entirely covered to a depth of 14 miles,by water with zero viscosity.Because of 'lightly brighter and Mars has a reddish tint. the existence of land masses with irregular shorelines,and widely varying ocean depths, JUPITER can be seen for more than halfthe night for a few days only at thebeginning oftheyear,and then Y rY g P only in the evening sky.Its eastward elongation gradually decreases and a few days after mid-April it the actual tides may frequently not be in accord with the equilibrium tide theory. becomes too close to the sun for observation.It reappears in the morning sky in mid-May.Its westward elongation gradually increases until it is at opposition to the sun on November 23 when it can be seen In summary,the moon's phase is most important,with highest tides at the full and throughout the night.Do not confuse Jupiter with Venus in early March.Venus is the brighter object. new moon,(at new moon,,the mid-day tide will be higher than the night tide and at full SA TURN is too close to the sun for observation a the beginning ion g year but soon becomes visible in the moon,the night tide will be i higher than the mid-day tide);o secondly r the moan's posis morning sky,rising shortly before sunrise.Its westward elongation gradually increases and in late March tion in its elliptical orbit,tides being highest when the moon is at Perigee;and lastly is it becomes visible for more than half the night.On June 20 it is at opposition to the sun and can be seen the effect of the moon's ecliptic in creating tides of different heights on the same day. throughout the night.Its eastward elongation then gradually decreases and from mid-September until a few days before mid-December it can be seen only in the evening sky.It then becomes too close to the sun for Suggested reading for the interested: "An Introduction to Physical Oceanography" observation.Do not confuse Saturn with Mars from mid-February to early March.Saturn is slightly by Von Arx. Addison-Wesley Publishing Co. brighter. MERCURY can be seen low in the east before sunrise or low in the west after sunset.It is visible in the i mornings between the approximate dates:February 17-April 12;June 22-July 26;October 18-November I5.It is brighter at the end of each period.Mars is visible in the evenings between the approximate dates: January 8-February 5;April 28-June 3;August 12-October 5;December 18-December 31.It is brighter at 232 the beginning of each period. 233 - ,;'t. t•.. ;Srt.i3i';�\i.'�,rif�;.;�'1iti.!�;. "^!.::4.;�1A'-.-,;;;�, .. �ii _ '.a�.• _ SL - a I - rt f Tl; •v. ;�ir .r`1 F^ 'f .L•`lr-- .. • � �: � � � � t !�� •fdt,;n't!,fe rf a,.y t. �' i f:i 1 - � ;J. r .rr,. r: opt "v will y r 'r ,u••rlit. Sri t� t ti -F--?._ : I.ta4't�•+Rho.tW!+r+4• ..ikr.1 K'•. .3:;' :9 :.n' S'} t:i :j>'. Ia,.e , 't_ .. ..t _ - +Xa•..•.c.,`•'yda,.'t:. 7 "r.C'1 f .+ .,i,<� 4 ,t.A, �. 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KELLEY TELEFAX:516-727-1767 �}' Q LAWRENCE M.STORM" C / ` dya MAUREEN T.LICCIONE CATRIONA GLAZEBROOK �v C3ra �� DAVID M.DUBIN;* g��^j�yyyq yq r ALSO ADMITTED IN CONNECTICUT �9$ "3• AND FLORIDA "ALSO ADMITTED IN LOUISIANA March 24, 1988 Mr. Gerard Goehringer Chairman Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 Re: Kerb's Parcel Dear Mr. Goehringer: Please find enclosed copies of three pictures which were taken of the Kerb's parcel on December 3 , 1986. The photographs show as much as six inches of standing water at the cesspool area and confirm that this area is subject to salt water flooding If you would like to view the original photographs which are at my office, please let me know. S *- cerely, /r Catriona Glaz r ok CG/drm Enclosures cc: Steve Latson Ronnie Wacker o��FFot��D - o VICTOR LESSARD EXECUTIVE ADMINISTRATOR Town Hall, 53095 Main Road (516)765-1802 y� 0� P.O. BOX 1179 ' ►�d �� Southold,New York 11971 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD TO : Gerald Goehringer - Board of Appeals FROM: Victor Lessard - Executive Administrator.KL SUBJECT : JOHN KERBS DISAPPROVAL ORIENT PROPERTY DATE : March 28 , 1. 988 When I received an application for a building permit from Mr . Kerbs , the Town Bay Constable and I went out to the property for a personal observation . At this point in time , I knew the trustees had okayed the application , but did not read how the determination was arrived at because I wanted to observe the problem, ( if there was one ) , with an open mind . I asked the bay constable for verification of different plants I considered wet-land species . I would estimate that about 40% of the property contained wetland indicators , from the road to the waterfront , to the point where I could not establish a wet-land line . Based on this , and the fact that these wet-land indicators were located such that nowhere could I see where a dwelling could be constructed and remain outside the 75 foot required of the law, and on that basis I issued the disapproval . Please note that at no time did I ask the bay constable for anything but verification of my wet-land species and only that they were or were not wetland species . VL : gar a Southold Town Board of Appeals j 10 �� 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 March 22 , 1988 JOSEPH H. SAWICKI Stephen R. Angel , Esq . . Esseks , Hefter & Angel 108 East Main Street , Box 279 Riverhead , New York 11901 Re : Appl . No . 3687 - Jon C. Kerbs (.Variance/ Interpretation ) Dear Mr . Angel : As you know , the above matter has been continued until our April 14 , 1988 meeting , at which time the Board will consider concluding the hearing and commencing the 60-day deliberations period . It was also agreed that no additional verbal testimony would be received ; however , written docu- mentation will be accepted. In the interim we do find it necessary to request : 1 . a survey certifying: (a ) the location of the structure as approved by the D . E. C. together with setbacks from all property lines , setback from the five-foot contour line , and setback from the D . E . C . wetlands and ordinary highwater mark; (b) those contours between the five-foot elevation _ and the ordinary highwater mark ; (c ) verification of the areas to be filled and re-graded/changed . 2 . Construction plan of the proposed dwelling. If possible , we would like to receive the above on or about April 7th for Board reviews . Page 2 - March 22 , 1988 To : Stephen R. Angel , Esq . Re : Appl . No . 3687 - Jon C. Kerbs . Please feel free . to call if you have any questions . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN lk TWOMEY, LATHAM, SHEA & KELLEY ATTORNEYS AT LAW 33 WEST SECOND STREET P.O.BOX 398 RIVERHEAD, NEW YORK 11901 THOMAS A.TWOMEY,JR. 9 NORTH MAIN STREET STEPHEN B.LATHAM EAST HAMPTON.N.Y.11937 JOHN F.SHEA.III 516 727.2180 (' 3/C)�G 516-324-1200 TELEFAX:516-727-1767 �T ,�„n /Ym' CHRISTOPHER D.KELLEY y„g,: 71 �rrr 'e,.6.. �P LAWRENCE M.STORM' Vsa;a;) ti MAUREEN T.LICCIONE �'�1, •, 4 i J CATRIONAGLAZEBROOKpE `i �c?��;Qy DAVID M.DUBINi' e�y""`"y+���Y. ALSO ADMITTED IN CONNECTICUT AND FLORIDA ALSO ADMITTED IN LOUISIANA March 8, 1988 Mr. Gerard Geohringer Chairman Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 Re: Kerbs Permit Dear Mr. Geohringer: I currently represent the North Fork Environmental Council in their legal proceedings brought against Southold Town Trustees for their action of granting a wetlands permit to John Kerbs. It has come to my attention that Mr. Kerbs has continued in his pursuit of a building permit, which was turned down twice by the Southold building inspector, by bringing an application toyour office. In light of the ongoing law suit and in lieu of a possible acquisition of the property by the State Department of Environmental Conservation, I am requesting that you deny Mr. Kerb' s application for a building permit. The Kerbs parcel consists of extensive wetlands species and it is known to be subject to actual flooding as well. Therefore, any building permit approval may be in violation of the New York State Environmental Quality Review Act. Thank you for your consideration. 'n ere , a G brook CG/drm Enclosure V V D` ,t 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 March. 1 0 , 1 98 8 Catriona Glazebrook , Esq . Twomey , . La.tham , Shea & Kelley 33 West Second Street , Box 398 Riverhead , NY .11901 Re : Appl . No . 3687 - Jon C. Kerbs (Variance%Interpretation ) Dear Ms . Glazebrook : Thank you for your recent correspondence concerning the above matter. Copie.s of your letter have been distributed to the Board members and made a permanent part of the subject file . For your information , please be advised that the public hearin.g has been advertised _for Thursday , March 17 , 1988 .at 8: 20 .p .m . Please be assured that sho.uld' you attend , the hearing will not commence before 8:.20 .p .m . and the hearing will be held in the Assembly._ Room at the Town Hall , Main Road , Southold. Yours very truly , Linda Kowalski Board Secretary COUNTY OF SUFFOLK . MICHAEL A. LO GRANDE SUFFOLK COUNTY EXECUTIVE SOIL AND WATER CONSERVATION DISTRICT STANLEY A. PAUZEIk DISTRICT MANAGER December 1, 1987 Mr. Gerard P. Goehringer, Chairman Southold Thwn Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer: Re: Appeal No. 3686 Appeal No. 3687 Appeal No. 3688 Frederick &Diane Raymes Jon C. Kerbs Anthony & Sally Pirrere (Variance) (Variance) (Variance) In accordance with your. recent request enclosed please find reports on the three appeals listed above. These assessments were prepared by Allan S. Connell, District Conservationist with the USDA Soil Conservation Service. I hope"'that you will find them helpful in reaching your decisions, r If we can be of further assistance please let us know. Very truly yours, ( WOO') Ito Stanley A. Pauzer, n� for 7 District Manage Enclosures 164 Old Country Road RIVERHEAD,NEW YORK 1 1901 rl 1 a ryQ •7 •!� (516)727.2315 .V �1::� ::L:i United States Soil Department of Conservation 164 Old Country Road � fi Agriculture Service Riverhead, New York 11901 727-2315 November 30, 1987 Mr. Stanley A. Pauzer, District Manager S.C. Soil & Water Conservation District 164 Old Country Road Riverhead, New York 11901 Dear Stan: I have inspected the lot owned by Mr. Jon C. Kerbs located on Narrow River Road in Orient. The area is mapped Fill land sandy (Fs) in the Suffolk County Soil Survey. On- site soil augering revealed a profile of dark loam and dense silt loam to a depth of 2 feet. From 2 to 4 feet I found coarse sand. The water table was not present within this profile. However, there is evidence that-it does fluctuate, and it is in fact a high water table soil. The major environmental _concerns I see for this area are, first, the hazard of pollution from the septic system into Hallocks Bay. Since soil material will have to be hauled in to allow proper installation of a septic system soil fil- tration of the leachate will be minimal depending on the water table conditions. The other concern is the potential of sedimentation into the bay during con- struction. This can be minimized by requiring the applicant to properly install a silt fence or staked hay bales along the south east edge of the building envel- ope to trap any sediment which may move with runoff during construction. Any material that is stockpiled or that will be left exposed for 30 days or longer should be planted to a temporary cover of - Oats at 2 lbs. per 1000 square feet if planted in the spring or summer - or,' cereal rye at 2 lbs per 1000 square feet if planted in the fall. If disturbance occurs during the winter months exposed areas should be mulched heavily with straw and covered with jute netting to prevent soil movement. The jute should be tacked down according to manufacturer's recommendations. There are other suitable erosion control mats available--as.well, which include the mulch and netting all in one package. I have enclosed information concerning the silt fence and erosion control mats for the applicant's information. If he or the Board of Appeals have any questions concerning these recommendations, have them contact me. Sincerely, Allan S. Connell, District Conservationist O The Soil Conservation Service closure S is an agency of the 109 7 -1 Department of Agriculture 10 T �.,f• !I k .�`,r'sr•.J• �Si r�4� ^L�L aa��1 Kyyi•. t � � ���` .�, x+� •t�'' yt� � '2�-. '��yyj{�,��� r,#!x.?�j����5*�T4 i`} 4rsP.1�1�;�4�'G-t T L�i `tyi S.YrrC ��`y��1 � b :T r J7t'�a, x���!�^' 1�ty1�,•`�i .w•�. 't.{ 1'ty �� � ��'•y.«,�• a ` }� t-Y /.` 'Y+,�'�"icy• `�� ..�'a+, ••� ` � R' ` •y '� y����h ""���\ \�.t �, 1 r 4 1 rh. !. t,. iL'�"� �� killt Y�tL 1 t � `r :rY t �• i } .�a�rr.l 7`\ 2��"S / I R ,I j I I I I I I tl Y i I I ,I i _ J �f�'/F•FQ/Y� aV�C�/y Lj tee,, � 1141. o I I ! I � . ,..e a.•_-wo - .. s': .,nJtr_.j� ...,,....r - ...,,z v. .nlw %' - - - �J",t. 'r. i G EOFAM "'Silt Fence is used at the toe in combination with Geofab I of the slope to catch silt and sediment DownDrain as a means of guiding particles before they enter.a stream, water to a specific location and private property,waterway, etc. draining off a slope without erosion. i in streams to remove silt and sedi- mentparticles during in-stream ex- cavation, etc. t �, w around catch basins to eliminate the costly clean-out ofsediment- laden basins. .h Y I - - �. •. . .� 'ter rc- ,,, y"x around z1 „ �s� ' 'e • storage piles to eliminate �* �w loss of raw materials and contami- nation of the environment. '� `� ' s � a r Wes• in ditches and channels to slow the l� ` t� a5 ;sx ; velocity of water and catch sedi- ment particles, thereby eliminating : �:.. the erosion of these channels. : as a means of reducing the sedi- _ c ; mentation of ponds by strategically installing in areas where sediment is running into a pond. as a silt curtain in sedimentation ponds to prevent short-circuiting. 's•,-y - k� All l S �� rl;;:•i:;.r,,t��;�.,,t1•":1,1 1 S 1�4na1Ty•;�j.�:�r� ! � t�ltU-t�'`l'�'' r t .' e�Fi `•;�+� ,I"b r•` •.!,�.•a.: Note the nonclogging feature of GEOFAS " Silt Fence. Telephone:(203)226•7803 Telex:996431 MEDEINC Z - Cable Address:MEDEINC WESTPORTCONNECTICUT Mercantile Development, Inc...' 9r� 274 Riverside Avenue . P.O. Box 2747 Westport,CT 06880 U.S.A. OL UE ® • o iL FENC Vk- The slitting of the hem at each post is repeated until the final post is n Fence posts consisting of either reached, at which time the Geofab steel or wood are installed 6' to Silt Fence is wrapped around the 10' apart on a slight angle toward last post and tied securely with the the anticipated run-off source. enclosed cord. A trench:4"to 6"deep is dug along 27. At this time, the lower 4"to 6"of the uphill side of the fence line. Geofab Silt Fence is laid in the Geofab Silt Fence is unrolled and trench and curled toward the ero- laid out along the fence line. sion source. Geofab built-in attachment cord The trench is then filled with any runs throughout the full length of available soil. each 150 linear foot roll. One end *Selection of the type of posts of the roll has approximately 5' of used to install Geofab Silt Fence as cord, the other end has approxi- mately ZO' of cord.The end with each post, is to be determined by the 5' of cord is wrapped around the specifications of the local State the first post and tied securely. Department of Transportation, the Geofab is pulled to the next post design architect, or the amount of and a 1 '/2"slit is made in the hem sediment load anticipated to be directly above the cord.The cord is accumulated on the silt fence, as pulled out of the hem and pulled well as the amount of time the silt taut from the preceding post and fence will be in use. wrapped twice around the post. FabriicWelght(CIM ASTM D-1910 4.2 Th1k' Grab Strength ILBS,MD/CD) u ASTM D-1682 130 'Mullen Burst Strength(PSI) ASTM D-774-46 210 Vertical Wate�F1aw GALlMII1UF f �` f;� r��i(,tw,.�� � ��^��o j n�,r �,,a f�,f ^�,�° ���,�., .� ,.,•, , ,� ,� .. of �'...., _ I-,. r. :.!Y .,+.C�.,,i{fi'.' .v,t2o;�rr.�,rL:.:y.d'�1 A $�c.kf i<ix.:.ra'FGk'' a k.1^%L ` � Q:.4`'' ?� � •*� 111 E.O.S.Equivalent Opening Size U.S.Corps of Engineers CW02215 70-100 . Nov.'77 Ultra Vlolet Sunll ht fies 1 z;�'r„ ,. ,.g. � F�� ....� ,�r ..�'..r3;"'.'+_. ..;:t; ,tc+t��''Saf •c� �.,.. 1�� �F+ h Standard Roll Width(FTl. 21,3',41,6' N"-2"`� l_ _ .. 01=ME 7` f^ :1 1 i� •Jlt'� / •�� ,.]�]}��r�� - �:. "F ��L' y�l� ` "4; .•� •'j LQ:` �`'{1-'.: I � r__1` _� _?, i��LJ tiu�'i'�°; °{ !'� �fii '�1 �3 r" "'�. ';,i � ry• � . � U r i r .K�i' • Ax '•-',,;• D'fD "RT '` fR. 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Y'. . 1 a.X i '. �e y ,'+�' , . 31 S ♦ 4Y o A Pl(fi- ,'1- ,, r '' 'Y`�. y ..' r "' Lfa, ' '�r;+•' • c` - o • 0 3 }�� IlA !y�!y-�� .. , ""fit A,•®'`.a\ .�+y 'r tiz7 � ry td • �P C 'L.S,J f • `Jl' •s -�0©tom`�\ .ep� + ti•,. �'. • o •� r }• _ SJ tLYlfl'�° tizo o II f;Apj 1 y�., •L' �,' '�Y ram'YT_ L.11'.'I11"i • .�`.w,I.Lv1i P- P U q P1�� .._a—L + -' r '�• - �` R�.� i 'a; ��,. �i_.. ,+ ,�,. �e s�' z it;, `' ,: � <�� rn` tit' ,4��� /. rya++,y.r r;�.�'•. I 14;,ft.' <_ P• ___ Ai, -.-,•TT_ - __ __ —__ _-_._—_ -wa—^..- - �dj. +`fir.-d .. r �'i ANTI-WASH7G EOJ UTEO Is Simple. To 'lnstall ' For. Soil And Seed Retention. ' ® Safely and easily rolled onto any area immediately after grading • Seed-can be sown before or after installing ANTI-WASH/ GEOJUTE • Open mesh construction quickly reveals bare _ spots for easy re- seeding • 100 square yards can be installed in as little as one man hour ® Neither skilled labor nor special equipment are required to secure ANTI-WASH/GEOJUTE into direct contact with soil using U-shaped staples also avail- mom° able from Belton GE UTE hv N m '°4o as For more information about Belton's ANTI-WASH/GEOJUTE,. write or call toll-free: Industries, Inc. 8613 Roswell Road, Suite 200 Atlanta, Georgia 30338 Telephone: Outside GA (800) 225-4099 Inside GA (404) 587-0257 IN rp !� F�F, , is .� y : j .:•� ,e s �; f f� -•r ! S F jfFi:• 'L .n �`.,•�a,Y i�}(u�'r ss+. (� ., r + �,vr �., } �.A !t 't'''_ tw 4 l •rt'%'1 }4tL $'!L'.�M E� OI t5�� '�.5'' iJ Mr. ��i li�iF 4_*,;4+•`V^6�)}; ,t � 4 i ? 'N' ylh�°`' 'l ct ` Aul ft �''4, A�t•wN.� t 3' i .�. :, n �s:4y�. ��aJ.� ..,2,. .+' 1 Sr,' Y." 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'•IiJ'F�. �,>E���y,�rr' i a:. 4 ;` y R• v. •:A",f .'• /ram' �4'� !�•, •.�e-.V•�;+i� Y F t7 ♦ 'r ¢sRNe�A y +' or:{ t i"�r`r,r��x a. � ,/ h ... e9Au r a. 15 Material Selection Based n Slope Gradient The product applications listed below are intended to be used as a general guideline for COMPARISON OF SLOPE DEFINITIONS selection of North American Green erosion con- trol blankets given specific site conditions as slope 100% gradient and estimated runoff. The interactions of slope length and gradient influence soil erosion. 45°.:s An increase in either slope length or slope steep- 80% ness increases the velocity of water flowing downo. ;fy the slope.As water velocity increases, so does the potential for soil erosion. r ' `r The interwoven structure of North American Green blankets reduces water velocity and its ero- sive effects, and dislodged soil particles are 300 trapped in the blanket fibers. r Z;1 50% Where slopes exceed 150 feet in length, the , 25° material selected should be upgraded to a higher 40% ,use. For example, a 4:1 slope (S75) greater than 150' becomes a 3:1 recommendation (S150). 2 20° 3:1 33% ;. 18'/2° 30% 15° 4:1 20% f0o 6:1 L k l 15% 8. h t R}°t.s„p,gF' }h �C's ''''f y� �i bS�, 10� n�a, y.hT< 5 �� 10:1 ,y * b E 20:1 . 5°/ �" ' `'k ,.( 0 0 Slopes 4:1.or less Slopes 3:1 or less Slopes 2:1 or less Moderate runoff conditions Medium runoff conditions Heavy runoff conditions SC150 S75 S150 SCC225 Slopes 1:1 or.greater Severe runoff conditions ' 'C125 and 103,0®0 ` Open channel liners and shore- line protection where water -velocities are 7-12 feet-per -second C125 R 18 ueneral Material S ecitkations Erosion Control Blankets S-75, S-150, SC-150, SCC-225, C-125 and P-300 North American Green Erosion Control Blankets o Increase moisture retention are clearly superior to alternative mulching prod- Stay in place until vegetation is established ucts in reducing the concentration of sediment in o Reduce rainfall impact runoff water. •Reduce water velocity o Reduce soil loss In University tests, North American Green Erosion Control Blankets reduced soil losses by up to 99% North American Green Erosion Control Blankets when compared to bare soil losses. provide water velocity reductions of 56-78%, North American Green erosion control blankets are leading the industry. Lower velocities mean less the most cost-effective products available today soil scouring and less sediment transport. for channel linings and critical, erodible sites. S-71 - S-150 SC-150 SCC-225 For use on Moderate For use on Moderate to For use on Severe slopes For use on Severe Slopes Slopes Heavy Slopes-- with High Velocity Run- with High Velocity Run- MATERIAL CONTENT. MATERIAL CONTENT: Offs Offs Straw......100%.75 Ib/ Straw......100%.75 lb/ MATERIAL CONTENT MATERIAL CONTENT: sq.yd. sq.yd. straw......70%-.53 lb/ Straw......70%.53 Ib/- .Netting Netting sq.yd. sq.yd. flight wt.)...(1)side only (light wt.)...(I)side only Coconut Coconut photo- photo- Fiber.......30%.231b/ Fiber.......30%.231b/ degradable degradable sq.yd. sq.yd. Thread.....Biodegrad- Netting Netting Netting able cotton (heavy wt.)..(I)side only (light wt.)...(1)side only (light wt.)...(1)side only photo- photo- photo- degradable SPECS: P degradable degradable degradable Width......6.5 ft. Thread.....Biodegrad- Netting Netting Length...,.83.5 ft• able cotton (heavy wt.)..(1)side only (heavy wt.)..11)side only Wcight.....45 lbs. photo- photo- Area.......60 sq.yd. PHYSICAL SPECS: degradable degradable Width.......6.5 ft. Thread.....Biodegrad- Thread.....Biodegrad- Length.....83.5 ft. able cotton able cotton Weight.....4S lbs. PHYSICAL SPECS: Paper......Biodegrad- Area.......60,sq.yd. able tissue Width......6.5 ft. Seed.......KY-31 Fes- Length.....83.5 ft. cue 200 Ib/ W eight.....46 lbs. acre-.04 1b/ Area.......60 sq.yd. sq.yd. PHYSICAL SPECS: Width......6.5 ft. Length.....70 ft. Weight.....65 lbs. Area.......50 sq.yd. Channel Liners13 -30® C-1 25 For use as Permanent For use on Extreme C-125 and P-300 Ditch Liner Slopes and Ditch Linings a Stay In place under-peak flows MATERIAL CONTENT MATERIAL CONTENT Minimize channel erosion, even on steepNylon - Coconut Fiber.......100%.90 Ib/ Fiber....... 100%.92 lb/ slopes sq yd sq yd Netting Netting North American Green C-125 and P-300 blankets (heavy wt.)..Both sides (heavy wt.)..Both sides can withstand flows up to 12 fps at slopes of 12%, nondegrad- nondegrad- able able and even higher flows at lower slopes. Thread.....100% Thread.....100% Polyester Polyester PHYSICAL SPECS: PHYSICAL SPECS: Width......6:5 ft. Width......6.5 ft. Length.....83.5 ft. Length.....83.5 ft. Weight.....54lbs. Weight.....55lbs. Area.......60 sq.yd. Area....:..60 sq.yd. The above length and weight specifications are approximate and may vary. o��c��FFO(��Oliy Southold Town Board of Appeals..,... MAIN ROAD - STATE" ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD April 14, 1988 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S.E.Q.R.A. SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI_ Notice of Determination .of Non-Si nificance APPEAL NO. : 3687 PROJECT NAME: 'JON' 'C'.' KERBS -- This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8.of the N.Y.S. Environmental Quality Review Act of the Environmental .Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi7 cant adverse-effect on the environment' for the reasons indicated below. 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: V)] Type II [ ]. Unlisted [ ] _ ____DESCRIPTION OF ACTION• Interpretation and, if necessay, . a..Variance for permission-'to locate building 75 feet from the N.Y.S.D.E.C. de- termuned tidal -wetlands line LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: E/s Narrow' River Road, . Orient, NY _ 1000-27-2-5 REASONS) SUPPORTING THIS DETERMINATION: ' (1) An Environmental Assessment in the short- form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; The relief requested is a setback variance as regulated by Section)617. 13, 6 NYCRR, SEQRA FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of. Appeals,.. Town Hall, Southold, NY 11971; tel: 516- 765-1809 or 1802. Copies-%.of this notice serrt .to the applicant or his agent and posted on the Town Clerk Bulletin Board: me F Southold Town Board of Appeals I 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 TO WHOM IT MAY CONCERN : Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal. Notice as published in the L . I . Traveler- Watchman , Inc . and Suffolk Weekly Times , Inc . Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience . Please be assured that your public. hearing will not start before the time allotted in the Legal Notice . If you have any questions , please feel free to call our office , 765-1809 . Yours very �tr� ` l G RARD P . GOEHRINGER CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure NOTICE OF HEARIN NOTICE IS HEREBYGIV- COUNTY OF SUFFOLK EN,pursuant to Section 267 of,., ss: the Town Law and tie Code"of'' STATE OF NEW YO R K the Town of Southold, the following hearings will be held. -,--by the SOUTHOLD TOWN-'---- BOARD OF APPEALS at a Patricia Wood, being duly-sworn says that she is then Al Regular Meeting at the Southold ing. ;Location of Property: 1 for permission to locate building+ -WATCHMAN, e' Town Hall, Main Road, _ 56225C.R. 48, Greenport, NY, it pursuant to DEC Permit No,,' affolk County;Southold,NY,on THURSDAY. County Tax Map Parcel No. 11 10-86-0092 and Trustee's APRIL 14,'1988 at the follow- 1000-44-01-22. ,) Wetland Permit No. 373. Loca- printed copy, ing times: 8:05 p.m. Appl. No. 3709- - tion of Property: East Side of,[-' eler-Watchman 7:35 p.m. Appl. No. 3719- EDWARD A.HANUS.(Recess- i,' Narrow River Road,Orient,NY;i1 SOUTHOLD SAVINGS ed from February 18, 1988, as County Tax Map Parcel No.' • • • • • . weeks BANK. Variance to the Zoning agreed). Special Exception for 1000-27-2-5. , Ordinance, Article VI, Section approval of Accessory Apart- 8:45 p.m. TARTAN. OIL 100-60(C)[21(a)for permission ment within existing dwelling in CORP.: • to erect an on-premises building 'accordance with the , re- (a) Appl. No. 3633- Special identification sign, the lower quirements of Article 111, Sec- Exception under Article VII, edge of which will be less than tion 100-30B(15). Location of Section 100-70(B)of the Zoning four feet above ground. Loca- Property: 635 Lupton Point Code for approval of the tion of Property: 1400 Railroad Road, Mattituck, NY, County establishment of a partial self- . . oungs)Avenue,Southold,NY; Tax Map Parcel No. servi�e9gasbline station; and . . . . . . . . County Tax Map Parcels Nos. , 1000-115-11-3. (b)Appl. No 3636-Variance, 1000-60-2-1.4(prev. 10.2&10.j). 8:15 p.m. Appl. No. 3715- under Articles VI, Section 7:35 p.m. Appl. No. 3716- BERNARD KIERNAN. 100-62(B), VII, Section - ROBERT E. WALDRON, JR. Variance to the Zoning Or- 100-70(B)for an Interpretation Variance to the Zoning Or- dinance, Article XI, Section of"retail shopping center"and . . . . . . day of dinance, Article XI, Section 100-119.2 for permission to con- for permission to establish con- 100-119.2 for permission to con- struct additions to dwelling and venience store as an accessory to struct deck addition at rear of accessory structure(s)within 75 the existing gasoline-service existing dwelling which is less feet of the ordinary highwater station. than 75 feet 'from the mean mark along Southold Bay.Loca- Location of Property: South highwater mark along dredged tion of Property: 1605 North Side of Main Road, West Side canal at James Creek, Mat- Parish Drive, Southold, NY; of Marratooka Lane, and the tituck. Location of Property: County Tax Map Parcel No. East Side of Sunset Avenue, 2980 Ole Jule Lane, Mattituck, 1000-71-1-15. Mattituck,' NY, 1000-115-3-9. NY;County Tax Map Parcel No.- 8:20 p.m. Appl. No. �722- Zone: "B-1"General Business. 1000-122-4-17. MANFRED ,KUERNER. 8:50 p.m. Appl. No. 3703- 7:40 p.m. Appl. No. 3575- Variances to the Zoning Or- JOHN AND EVELYN BS ROSA J. HODGSON. dinance, Article XI, Section KETING.Variance to the Zon- 1W York A Variances to the Zoning Or- 100-119.2 and Article Ill, Sec- ing Ordinance,Article XI, Sec- dinance, Article III, Section tion 100-31, for permission to tion 100-119.2 for permission to mntY 100-31, Bulk Schedule, for ap- extend garage an additional two construct new dwelling and 31119 proval of the insufficient area feet from that previously garage with an insufficient set-. and width of parcel to be set-off granted under Appl. No. 3706 back from top of bluff or bank in this pending division of land. and to construct additional liv- along the Long Island Sound. Location of Property: North ing area at rear of dwelling with Location of Property: 19995 Side of Pine- Neck Road, reduction of nonconforming Soundview Avenue, Southold, Southold,NY,County Tax Map sideyard at the north and south NY;County Tax Map Parcel No. Parcel No. 1000-70-6-33. Con- sides, insufficient total 1000-51-04-006.- taining 7.152 acres total. sideyards,excessive lot coverage, 9:00 p.m. Appl. No. 3710- 7:50 p.m. Appl. -No. 37.07- and within 75 feet of bulkhead THE COVE AT SOUTHOLD, JOSEPH F. CITARDI. along highwater of"Old Cove" INC. (Continued from March Variances to the Zoning Or- [a/k/a Arshamomaque Pond]. 17, 1988). dinance,Articles:(a).XI,Section Location of Property:East Side The Board of Appeals will 100-119.2 as to insufficient set- of Carole Road,Southold,NY; hear at said time and place all back from bank or bluff along County Tax Map Parcel No. representatives or persons desir- the Long Island Sound,and(b) -1000-52-2-3. R ing to be heard in each of the 111, Section 100-31, Bulk '8:30 p.m. Appl. No. 3687- above matters.Each hearing will Schedule, as to insufficient �' JON C.KERBS.(Recessed from !+ not start before the time allot- frontyard setback from the front March 17, 1988).Interpretation ted. Written comments.may be [southerly] property line along and, if necessary, Variance submitted prior to the conclu- C.R.48,in this proposal to con- under Article XI, ;Sectiori sion of the subject hearing.For struct new single-family dwell- 100-119.2 of the Zoning Code, more information, please call ---- --- -- -— -- -- --- 765-1809. Dated: April 1, 1988 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary 1T-4/7/88(59) NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN , pursuant- to 'Section 267 of the Town Law and the Code of the Town of Southold , the following hearings will be held- by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall , Main Road , Southold , New York , . on THURSDAY , APRIL 14 , 1988 at the follow- ing times : 7 : 30 p .m . Appl . No . 3719 - SOUTHOLD SAVINGS BANK. Variance to the Zoning Ordinance , Article VI , Section 100- 60 (C) [2] (a ) for permission to erect anon-premises building identification sign , the lower edge of which will be less than four feet above ground. Location of .Property : 1400 Railroad (Youngs ) Avenue , Southold , NY ; County Tax Map Parcel Nos . 1000-60-2-10 . 4 (prev . 1,0 . 2 & 10 . 3 ) . 7 : 35 p .m . Appl . No , 3716 - ROBERT E. WALDRON , JR. Variance to the Zoning Ordinance , Article XI , Section i 100- 119. 2 for permission to construct deck addition at rear of existing dwelling which is less than 75 feet from the mean highwater mark along dredged canal at James Creek , Mattituck. Location of Property : 2980 Ole Jule Lane , Mattituck , NY ; County Tax Map Parcel No . 1000-122-4-17 . 7 :40 p .m . Appl . No . 3575 - ROSA J . HODGSON . Variances to the Zoning Ordinance , Article III , Section 100- 31 , Bulk Schedule , for approval of the insufficient area and width of parcel to be set-off in this pending division .of land . . Location of Property : North Side of Pine Neck Road , Southold , NY ; County Tax Map Parcel No . 1000-70-6-33 . Containing 7 . 152 acres total . 7 : 50 p .m . Appl . No . 3707 - JOSEPH F. CITARDI . Variances to the Zoning Ordinance , Articles : (a ) XI , Section 100- 119. 2 as to insufficient setback from bank- or bluff along the Long Island Sound , and (b ) III , Section 100-31 , Bulk Schedule , a.s to insufficient _f.rontyard setback from the front [southerly] property line along C . R. 48 , in this proposal to construct new single-family dwelling. . Location of Property : 56225 C. R. 48 , Greenport , NY ; County Tax Map Parcel No . 1000-44-01 -22 . Page 2 - Notice of Hearings Regular Meeting - April 14 , 1988 Southold Town Board of Appeals 8 :05 p . m . Appl . No . 3709 - EDWARD A. HANUS. ( Recessed from February 18 , 1988 as agreed ) . Special Exception for approval of Accessory Apartment within existing dwelling in accordance with the requirements of Article III , Section 100-30B ( 15 ) . Location of Property : 635 Lupton Point Road , Mattituck , NY ; County Tax Map Parcel No . 1000- 115-11 -3 . 8 : 15 p .m . Appl . No . 3715 - BERNARD KIERNAN . Variance to the Zoning Ordinance , Article XI , Section 100- 119. 2 for permission to construct additions to dwelling and accessory structure (s ) within 75 - feet of the ordinary highwater mark along Southold Bay . Location of Property : 1605 North Parish Drive , Southold , NY ; County Tax Map Parcel No . 1000-71 - 1 -15 . 8 : 20 p .m . Appl . No . 3722 - MANFRED KUERNER . Variances to the Zoning Ordinance , Article XI , Section 100- 119 . 2 and Article III , Section 100-31 , for permission to extend garage an additional two feet from that previously granted under Appl . No . 3706 and to construct additional living area at rear of dwelling with reduction of nonconforming sideyard at the north and south sides , insufficient total sideyards , excessive lot coverage , and within 75 feet of bulkhead along highwater of "Old Cove" [a/k/a Arshamomaque Pond] . Location of Property : East Side of Carole Road , Southold , NY ; County Tax Map Parcel No . 1000-52-2-3. 8 : 30 p .m . Appl . No . 3687 - JON C. KERBS . (Recessed from March 17 , 1988 ) . Interpretation and , if necessary , Variance under Article XI , Section 100- 119 . 2 of the Zoning Code , for permission to locate building pursuant to DEC Permit #10-86-0092 and Trustees Wetland Permit #373 . Location of Property : East Side of Narrow River Road , Orient ; County Tax Map Parcel No . 1000-27-2-5 . 8 : 45 p .m . TARTAN OIL CORP. : ( a ) Appl : No . 3633 - Special Exception under Article VII , Section 100-70 (B ) of the Zoning Code for approval of the establishment of a partial self-service gasoline station ; and (b) Appl . No . 3636 - Variance under Articles VI , Section 100-62 ( B ) , VII , Section 100-70 (B ) for an Interpreta- tion of "retail shopping center " and for permission to establish convenience store as an accessory to the existing gasoline-service station . Page 3 - Notice of Hearings Regular Meeting - April 14 , 1988 Southold Town Board of Appeals Location of Property : South Side of Main Road , West Side of Marratooka Lane , and the East Side of Sunset Avenue , Matti - tuck , NY ; 1000- 115-3- 9 . Zone : " B= 1 " General Business . 8 : 50 p .m . Appl . No. 3703 - JOHN AND EVELYN KEATING. Variance to the Zoning Ordinance , Article XI , Section 100- 119 . 2 for permission to construct new dwelling and garage with an insufficient setback from top of bluff or bank along the Long Island . Location of Property : 19995 Soundview Avenue , Southold , NY; County Tax Map Parcel . No . 1000-51 -04-006 . 9 :00 p .m . Appl . No : 3710 - THE COVE AT SOUTHOLD , INC. ( Continued from March 173 1988 ) . The Board of Appeals will hear at said time and place any and all representatives or persons desiring to be heard in each of the above matters . Each hearing will not start before the time allotted . Written comments may be submitted prior to the conclusion of the subject hearing . For more information , please call 765-1809 . Dated : April 1 , 1988 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER , CHAIRMAN Linda Kowalski , Board Secretary ---------------------------------------------------------------x Page 4 - Legal Notice Regular Meeting - April -14 , 1988 Southold Town Board of Appeals Copies to the followi,ng. on or about 4/4/88 : Suffolk Times ; Inc. L . I . Traveler-Watchman , Inc . Individual Board Members (with copies of file) Town Clerk ' s Bulletin Board Bruer & Lark , Main Road , Box 1059 , Southold , NY11971 as Attorneys for Southold Sav"ings Bank Mr. Robert E Waldron , Jr-. , • 2980 Ole Jule Lane , Mattituck, NY 11952 Mr. Garrett A. . Strang, R. A. as Agent for Mrs . Rosa Hodgson P .O . .Box 1412 , Southold, NY 11971 Mr. Harold Conroy , Lighthouse Lane", 'Southold ; NY 11971 Peconic Associates Inc. , One Bootleg Alley , Box. 672 , Greenport , NY 11944 Charles R. Cuddy , Esq . , 180 Old Country Road , Box 1547 , Riverhead , NY 11901 , as Attorney -for Mr. and Mrs . Edward A. Hanus Mr . Sam Ganshaw , Lupton P.oint 'Road , Mattituck, NY 11952 Mr . and Mrs . Jack Drobet , Box 965 , Mattituck , NY 1.1952 Abigail A. Wickham , Esq . . (Attn . : Joyce Steiner) in behalf of Mr . Joseph R. Corso Mr. Joseph R. Corso , . 750 Lupton Point Road , Mattituck , NY 11952 Mr . and Mrs . ,Edward A. Hanus , 635 Lupton Point Road , Mattituck , NY 11952 Mr . Garrett A. Strang , R. A. as Agent for Mr.. Bernard Kiernan - P . O .- Box 1412 , Southold , NY 11971 Patricia C. Moore , Esq . , Moore & Moore , Box 23 , Mattituck , NY 11952 as Attorneys for Manfred Kuerner and John & Evelyn Keating Stephen R. Angel , Esq . as .Attorney for Jon C. Kerbs 108 East Main Street , Box 279 , Riverhead , NY 11901 Mr . Jon C . Kerbs , Box 525 , Greenport , NY 11944 Catriona Glazebrook , Esq . , -Twomey , Latham , Shea &. Kelley 33 West Second Street , Box 398 , Riverhead , NY 11901 William D . Moore , Esq . , Moore , & Moore , Box 23 , Mattituck , NY 11952 as Attorney for Tar-tan Oil Corp . Mr . and Mrs . Gregory Ofrias , Sunset Avenue , Mattituck , NY 11952 Mr. Wilbur Klatsky , The Cove at Southold , 5044 Expressway Drive South , Ronkonkoma , NY 11779 Mr . John .6redemeyer , President , Town Trustees Office NUIlUb 1&HhXh13Y li1V- EN,pursuant to-Section 267 of Cn U N T Y OF S U F FO L K the Town Law and the Code of: ss: the Town'''of"Southold, the. ATE OF NEW YORK following hearings will be held by the-SOUTHOLD. TOWN BOARD-@F APES,at a Regular Meeting at the Southold. Patricia Wood, being duly sworn, says that she is the Towne Hall,: aMaifi :,;Road,. Southold,NY on THURSDAY, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, MARCH 17. 1988atthe.follow- a public newspaper printed at. Southold, in Suffolk County;. ing.times:.;.;;;;. '. ' and that the notice of which the annexed is a printed copy, -7:35 .p.m.'.Appl..No:3714 DALE MAYNARD.Variance to has been published in said Long Island Traveler-Watchman.. the Zoning Ordinance,.Article once each week for . . . ... . . . . . . . . . . . . . . . . .�. . . . weeks III,-'Section" 100-31; Bulk Schedule„for approval of the in- sufficient area and width of two successively, commencing on the . . . . . . . . . . . . . 0 . . . . ... . parcels as approved by the Plan- ning Board'in the subdivision. Q known as"Seawood Acres,Sec- tion I;'-Filed Map No..2575. Locatiomof Property:.West Side .of-Seawood Drive, Southold; NY, County Tax Map Parcels --NO. 1000-79-7-64 and 65: r' 7c40 p.m :Appl. No.;37I3 :20 p.m.'APPL :N&1687- ROBERT STARON.Variance to ' JON C.KERBS Interpretation -the Zoning Ordinance, Article and, 'if necessary;'_Variance �j III,Section 100-32 for approval. under. Article XI,'I Section r me this . . . . . . . . . . . . . . . . . . . . . day of of the construction of accessory. 100-119.2 of the.Zoning Code, storage shed with an insufficient for permission to locate building 19 setback from property lines at. 5 feet from the•NY.S. D.E.C. ' premises known as 1490 Water etermined tidal wetlands line as: view Drive; .Southold,. .NY; approved under.D.E.C.-Permit,,., County 'Pax Map Parcel No. N6. .10786-0092 and in actor a- 1000-78-7-54. dance with t.Town...Trustees 3711- -Wetland Permit No.373 condi L - � -. . . . . . . . • • . . 7 45 p.m. Appl. No. RNEST AND DORIS'. .tiotiallyapprovedJune25, 1987.. Notary Public Variance to the Location of Property:East Side y Zoning Ordinance, Article XI, ' of Narrow River Road,Orient; BARBARA FORBES Section 100-I19.2 for permission NY;Couniy Tax Map Parcel No.: .; Pe Notary public, State of New York to construct deck with an insuf 1000-27-2-5.' ficient setback from existing A 35 p.m. Appl. No 37I0 No. 4806846 bulkhead at premises,known as THE COVE AT SOUTHOLD,, Qualified in Suffolk County 9 INC.Variance,•under Article XI, 15 Mill Creek Drive,Southold, Commission Expires �.3/ 19�� ''NY,County Tax Map Parcel No Section 100-119.2 of the Zoning 1000-135-3-37.. I Code, for permission to locate x "`7:50 p.m. Appl. No: 3712- t buildings 75 or more"feet from ROBERT f CLEMENS: the N.Y.S."D.E.C. determined `Variances:(a)to the Zoning Or- tidal wetlands line and at'not dinance, Article III, Section less than 18 feet from the Town I00-31, Bulk Schedule, for per- Trustees determined wetland mission to construct additions grasses as approved under . to dwelling with an insufficient Rustees Permit Application No. rearyard setback from the j 601.,:Location of Property: easterly property line, and (b) South Side of Main Bayview for approval of access pursuant Road,"Southold, NY; County_.:.- to New York Town Law,Section Tax . Map . Parcel . .No.; 280-a over a private right-of-way l 1000-87-5-20.. extending off the south side of :; The Board of Appeals will Main Bayview Road,Southold hear at said time and place all, NY;County.Tax Map Parcel No: - representatives or persons desir-. , 1000-87=5-17: - I ing to 6e heard in each of the 8:00 p.m. Appl..No. 3543- above matters.Each hearing will ; PETER AND BARBARA not start before the time allot-' HERZ.Variances to the Zoning ted. Written comments may be Ordinance,Article XI, Section, submitted prior to the conclu- 100-119.2 for permission to sion of the subject hearing.For locate new single-family dwell- more information,' please call _ing with insufficient setbacks 765-1809:' .. from existing bulkhead and Dated. March 3, 1988 ORDER OF.THE. from highwater areas' along , Midway"Inlet and Hog Neck `°"`SOU(HOLD TOWN a Bay, premises known as.70 BOARD OR APPEALSO, GERARD P. Cedar Point Drive, Southold, CO CHAIRMAN C 41 NY; Cedar Beach Park Map,. Linda.Kowalski, Part of Lots 152 and 110;Coun- Board Secretary t Tax Ma Parcel No. Y P 1T3/10/88(5)__,. ; 1000-90.02-13:1: ,;_ . ..'•., Property: . West Side of Seawood of way extending off the south' Drive, Southold, NY,.County Tax side_ of Main Bayview,Road 8 35.,p m Appl. No. 3710 \ Map Parcels NO.- 1000-79-7 64 Southold, NY; Count Tax Map COVF AT ct►itTuO'D Ih*^ s+ and 65.;' y r vi b Parcel No 1000-87 Variance under Ahicle XI,`Sectton' 7;40`p at,� Appl. It1o. 3713 ,,:^ _�7 100-119.2 of the Zonin Code,for' x ROBERT TARAN _ $:OD pm- 'App1':No. 3543. 8. Variance to :. PETER AND BARBARA HFR7• Permission to locate buildingsr 75 the Zoning Ordinance, Article M. Variances to . the Zonin or more- feet from.. the-.:N.Y:S..:: `• Section 100-32 for approval of the ._• _Ordinance, Article,XI, -Section D.E.C. dete!,nined tidal.wetlands,' ' construction of accessory storage 100-119.2 fot permission' to line and at not;less than'18.feu,� shed with an insufficient'setback :.,,locate new sin a-famil,-dw f�the.Town tustees determned from property lines"at premtses "4twith insufficiene;'aetbacka`Yfro g wetland grasses-@j approved under of Greenpo►t, in ! •known as 1490 Waterview Dnve existing bulkhead:* and: from `Tmstees ,Permit:-`Appli�tion No 6rh, gays that he/She IS NOTICE OF HEARINGS Southold, NY; County Tax Map highwater areas.along Midway 601. Location of Property; South ` �_ NOTICE IS HEREBY GIVEN, Parcel No. 1000-78-7-54. Inlet and Hog Neck Bay,premises Side of; Main; Bayview: Road =- ;OLK TIMES, a Weekly 6L'pursuant to Section 267 of the 7:45 P.M. Appl. No. 3711 - known as 70 Cedar Point Drive . ' =Southold,'NY;,;County Tax Map>;-`-reenport, in the Town ERNES 'ANDTown Law and the Code of the - Southold, NY; Cedar Beach park Parcel No. 1000-87 5 20..:: Town of Southold, the following Variance to the ZOB Ordinance Map,,Part of Lots 152 and I10; The Board of Appeals will hear .' FOIk and State of New .'hearings will be held by the Article XI, Section 100-119.2 for County Tax Map parcel No. 1000 at said. •trine and place all :F which the annexed i3 il SOUTFIOT.D TOWN B[�ARD nF Permission to construct deck with 90-02-13.1. rep�e11tattves or persons desrnng an insufficient setback ,from to be:heard tit each of the above t°regularly published In APP Ai c at a Regular Meeting at ,1 20 p.m. Appl No. 3687 - matters. Each hearing will n i the Southold Town, Hall,- bulkhead at p tees JON C. KRRSc ll, Marrs known as 915 Mill.Creeknve int taaon* ° -c h week for 1 Road; Southold, New.-York on and if necessa EVari cean d :f start before,lh�:tunt ;a]lotted a, Southold, NY. County.Tax Ma �, ry' S Wiittea;,,_comments .may be` encing on'the 10 TH m. DAY.MARCH 17 1 988 at Parcel No. I000-135-3-37.. .._ P '::Article'.XI,.Section;100-119 2,of snbmitted'pridr to the coricluston the following times: 7:50 p.m:' Appl. No. ,3712 __ the Zoning Code, for permraston '-of the subjec, hearing'; For more 19_ 8 7:30 p.m. Appl: No. 3714 ROB .RT SffNc• to locate building 75 feet from the' if ease call-_765-1809.r. I2ALF,MAYNA$I2. Variance to the Variances N.Y.S. D.E.C,_ determined tidal' S- Dated(a) to ,the •Zoning Ordinance, : wetlands.line-as approved under 3, 1988 _ 2; Zoning Ordinance, Article III, Article:111, Section 100-31, B BYORDER Section 100-31.Bulk Schedule for !�$) D.E.C.Perot #10-86-0092 and in OF THESOUTHOI,p Schedule, for permission to accordance with Town Trustees approval of the insufficient area TOWNOARD OF APPEALS and width of two parcels as construct additions .to dwelling Wetland . Permit No. . 373 GERARDp GOEHRINGER, rrincipal Clerk P with an insufficient, rearyard ! conditionally approved June 25, approved by the Planning Board m setback from the easterly C1;AIRMgN the subdivision known as line and approval property 1987• Location of Property: East Linda Kowalski, "Seawood Acres, Section 1",Filed (b)for roval of access Side of Narrow River Road,Orient, _ Map No. 2575. Location, of -_ Pyrsuartt to New York Town Law, NY; County-Tax Map Parcel No. 5851 1TMI0 Board Secretary Section 280-a over a private right 1000-27-2-5. 9 MARY K.DEGNAN P.IOTARy pU81.IC,State of New York Suffo!!c County.. 4849 is°/p ie �f)fU2f' I d � <X �•<� ��.��`'dam < � Southold' Town 150ard ®f Appeals V1 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 TO WHOM IT MAY CONCERN : Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of- the Legal Notice as published in the L . I . Traveler- Watchman , . Inc. and Suffolk Weekly Times , Inc .. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience . Please be assured that your' publi-c. .hearing will not start before the time allotted in the Legal Notice . If you have any questions , please feel frEYe to call our office , 765-1809 . Yours very tr 1 . !,.�., . G RARD P . GOEHRKGER CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, MARCH 17 , 1988 Appl. _No: 3687 Applicant (5};'; JON C. KERBS Location of Property: E/s Narrow River Road, Orient County Tax Map ID No. 1000- 27- 2 - 5 Board Members Present: Chairman Gerard P. Goehringer, Members: Grigonis, Doyen, Douglass. (Mr . Sawicki was absent . ) Also Present: Victor Lessard (Building Department) Linda Kowalski, Z .B.A. Secretary and approximately 75 persons in the audience. The Chairman :opened the hearing at 8 : 52 o 'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey which is not necessarily depicting the exact size of the house which is the one I placed out here; produced .by Roderick VanTuyl, P.C. and surveyed with a most recent date of August 16, 1985, indicating the proposed house and elevations and marsh grass, etc. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area and a copy of the D.E.C. permit indicating the house increased to 47 feet by 57 feet, which is quite clearly stated on here. I just want to point out for the record that in reading the legal 'notice in this particu .tar- hearing we are dealing mainly with an interpretation at this particular time. I 'd like everybody to be aware of the fact that we do not, although we are extremely sensitive and it was really probably very good that most of you sat in on the last hearing so that you were aware of the fact and the agonization that we go through in dealing with the position of wells and cesspools, the position of houses in specific areas where there are bulk- heads, where there are not bulkheads. And in this particular case with the prior hearing, we had a bulkhead. We had a de- lapidated bulkhead. I 'm not talking specifically about that particular case but basically issues that are germane to this case and that is; we are dealing with setbacks. Although we are extremely sensitive to the environment as we were in that particular case because for .the people that are present here, that particular case went three hearings and we were dealing with specific changes of design of the house; specific changes of positioning on the lot and we 're going to go down and measure again before we render any decision. For a similiar type of situation is existing here. And in that, we are,..dealing with a setback line from a particular area, from a particular govern- ment, I 'll call it municipality, and that ' s the New York State Department of Environmental Conservation. And we 're dealing with our jurisdiction in the particular area under 119 .2 of the zoning code. It' s a similiar overlapping jurisdiction from a Page 2 - Thursday -larch 17 , 1988 Public Hearing i C. Kerbs Sduthold Z.B.A. CHAIRMAN GOEHRINGER (continued) : setback issue that the Trustees have from an environmental issue. And I'm not talking for the Trustees. The President of the Trus- tees is here tonight and if the hearing is required, maybe we'll ask him some questions. And if he so desires to answer them, based on that particular issue. But we are talking mainly about a setback and an interpretation of this particular ordinance. I just want to point out for the record that it is clearly stated in 199.2 that .from the Bay and from the Creeks; our actual juris- diction starts in excess of 75 feet. And the maps that I have before me are basically maps that are-:dealing with in excess of 75 feet and that's all I can say at this point. So we'll start with whoever would like to present this particular application and I believe that is Mr. Angel. MR. ANGEL: My name is Steve Angel, Esseks, Hefter and Angel. We represent the applicant, Jon Kerbs. As Mr. Goehringer pointed out, what we're here for is primarily an interpretation under section 100-119 2B of your code which requires setbacks along waters other than the Sound at 75 feet. As you probably saw from the ap- plication that was submitted, the application concerning this prop- erty, applications before other agencies, have a pretty long his- tory. And I want to set the stage for this application by giving you copies and submitting in evidence the various germane approvals and notices, the ones that relate to this issue. To set the stage for you, you all have a survey. This is a locked parcel of land over 32 , 000 square feet in area located on Narrow River Road in Orient. It' s sandwiched in between a town boat launching ramp and existing small marina. As I said, you probably have all seen the survey and perused the application. The first document I should point out initially that it' s our position that the proposed con- struction is all more than 75 feet from the wetlands line no mat- ter how you measure it. And no. matter what definition you use. Whether it's the state definition or the definition contained in your code. Now, the first thing I 'd like to bring to your atten- tion and introduce is a copy of the initial D.E.C. Tidal Wetlands Permit on this property and that was issued on May 2, 1986. It' s hard to work as a lawyer without a lecturne. It's like a juggling act. It' s hard to carry that. I should note, by the way, that the face of this D.E.C. permit reflects that it was issued so' that all parts of the house could be a minimum of 75 feet from tidal wet- lands. There isn't a map appended to this particular application but it reflects the setbacks that are in the surveys. . . The sur- vey that was submitted to the Board of Trustees and their approval which I'm going to get to next. The second thing I want to bring to your attention is the approval issued by the Board of Trustees. Now, I was glad that you made those comments initially Mr. Chair- man, because this particular application went through a lengthy review process with the Board of Trustees. This inch or inch and a half thick document is a single copy of all the paper generated by the Trustees in connection with this particular application. Again, this is an application for a single family home. Now, the Trustees took jurisdiction and issued an approval at their meet- ing of June 25, 1977. It' s contained in a letter to the appli- cant dated June 30, 1987 . I 'd like to issue that as my second document. One of the interesting aspects of that second docu- ment is that the Trustees did not make a finding, an explicit Page 3 - Thursday, arch 17 , 1988 Public Hearing C. Kerbs Southold Z .B.A. MR. ANGEL (continued) : finding at variance with the D.E.C. ' s permit which, as you know, requires -che 75 foot setback. The Trustees determination does not state how far the proposed construction is planned to be from the wetlands. You can read it. There's no position that they've taken. Now, next. . . . I feel like this is a law school course because the next, we went to the Health Department. A lot of jurisdictions. And the Health Department granted a permit to con- struct a single family home on this particular site and permitted the location of a septic system in a position outlined by the Health Department and also for the use of a well for domestic water. And I 'd like to offer that in evidence also. After re- ceiving all these things, our client came down to the Building Inspector and submitted some plans and made application for a building permit and got a notice of disapproval which led to the initial filing before your board and here 's a notice of disapproval dated October 21 , 1987 which I 'd like to submit as my fourth docu- ment. Next, time had been passing for a while and thei)D.E.C. per- mit which was issued in May of 1986 was coming to a close and he had not gotten approval to build his house yet. And he went back to the D.E.C. for an extension of his permit. But this time, he went back to the D.E.C. and decided that he wanted to be extra special conservative and he moved back the building envelope, I don 't know, 10/15 feet. Is that correct Jon? About 10 feet. And the D.E.C. . . . . And asked the D.E.C. to confirm more explicitly their finding that the property, well that the location of the proposed house was more than 75 feet from the wetlands line. The D.E.C. fortunately and unbe. knownst to my why, complied. I meant that facetiously. But the P.E.C. reviewed his application and is- sued an amendment to the permit on January 6, 1988 and I 'd like to introduce that as my fifth document. Next to that is a marked up photocopy of a portion of the survey you have on the table before You. Also a marked up copy of the survey. This is the one on the table that was actually reviewed by the D.E.C. You'll see it ' s stamped right on it. And you 'll see the marks in pencil and per- haps you could take that in evidence also as 5A or B. Now, I 'd like to bring your attention to this amendment to the permit dated January 6, 1988 that I just gave you and note that, I guess it ' s the third paragraph from the bottom and it's been typed in. It states; this letter, under 3 after semicolon, this letter also confirms that the 47 by 57 foot building outline shown on said plan is 75 feet from the D.E.C. determined tidal wetlands line. That explicit determination was missing in the original determination but here the D.E.C. has put in writing that that plan that is just annexed indicates that the building is more than 75 feet or at least 75 feet from the tidal wetlands line. Now, the next thing that occurred in this lengthy scenario was that Mr. Kerb went back with his new D.E.C. permit and his more conservative survey and went down to the Building Inspector 's Office and resub- mitted his plans taking the position that he had Trustee approval, he had Health Department approval, he had D.E.C. approval and he was more than 75 feet from the wetlands. The Building Department Page 4 - Thursda— March 17 , 1988 Public Hearing - >n C. Kerbs Southold Z .B.A. MR. ANGEL (continued) : again took the position that there may be a question as to the 75 foot setback and issued a notice of disapproval dated January 28 , 1988 which I 'd also like to give you or a copy of which I 'd also like to give you. Now, as I stated initially, it' s our po- sition that the construction area certainly as reflected on the second survey and as confirmed by the 'D.E,.'C. is more than 75 feet from the wetlands line. Now, rather than rely entirely on the documentation on this issue of the interpretation, we brought an extra witness who I 'd like to introduce to the Board. It 's Roy Ha.je - from. En ,' Consultants Inc. in Southampton who, as you are probably_ aware of, has done wetlands analysis in numerous situ- ations. May I call Mr. Haje ? CHAIRMAN GOEHRINGER: Certainly. MR. ANGEL: Rather than ask him questions, with your approval, perhaps I can just ask him one or two questions and he can tes- tify in narrative form. I 'd like him to give his work experience over the last, well, since he 's been working. And also his edu- cational experience after high school and have him testify as to his view of his task in this particular situation. What he was hired to do and what he in fact observed and the basis of his ob- servations. I think that he'll testify that he did a site inspec- tion of this particular property and made a conclusion as to the location of the wetland/upland boundary. Mr. Haje . MR. HAJE: I 'm Roy Haje . President of En Consultants, Inc. The business address is 1329 North Sea .Road in Southampton. My educational background is a Bachelor of Arts Degree in Biology at Queens College, Master of Science Degree in Marine Science from C.W. Post College. Another Master of Science Degree in Marine Environmental Studies from the State University of New York at Stony Brook. I was employed by the New York. State De- partment of Environmental Conservation for approximately 11 years. Much of that time in the position of alternate local tidal wetlands and freshwater wetlands permit agent at the Region I office in Stony Brook. I also worked for the U.S. Fish and Wildlife Service as a Marine Biologist. I began En Consultants in 1980. The firm is concerned with the evalua- tion of property. Especially property in and about the water and wetland, preparation of environmental permit applications, environmental impact statements, etc. I was hired by Mr. Al Koke who was a previous owner of this parcel for the purpose of securing the necessary approvals to construct a one family dwelling. In September, 1985, I visited the property for the purpose of delineating the edge of wetlands and .to generally evaluate the parcel. At that time, I placed flags along the edge of what I considered to be the tidal wetland boundary and took photographs and so forth. ' I then notified the sur- vey firm of Roderick VanTuyl to locate my flags and place them on the survey which was subsequently done. Following that, the home was shown on the survey as 75 plus feet from the edge of wetlands as I had located them and as they had been shown on the survey. Applications were then prepared and filed with the New York State D.E.C. and a request for Page 5 - Thursday March 17 , 1988 Public Hearing - )n C. Kerbs Southold Town Z.n.A. MR. HA(J E : (continued) : a letter of no jurisdiction from the Southold Trustees. A permit from the D.E.C. was issued and initially a letter of no jurisdic- tion received from the Trustees. Following that, the Trustees made a, what I assumed to be a subsequent field inspection and determined that a permit was required. Following that, the ap- plication was in fact prepared and filed. It was my determina- tion at the time and remains at this time, that the edge of the wetlands as I had shown that on the survey, is a good and reason- able one. It is based upon preponderance of vegetation located on the property and the ti . ality which effects it. The confu- sion perhaps, which subsequently arose, appears to be based large- ly unon the presence of, I believe, one species and that is Bacchari s Hal:imi fol i a, or groundsel bushes, being the common name for it. This is a species which is indicated in the New York State Tidal Wetlands Act which is Article 25. -It is however, a notoriously poor indicator of tidal wetlands. It can grow just as happily in areas which are not in fact tidal wetlands. It can grow in a transition zone. It can grow in an adjacent area. It can also grow a considerable distance from any tidal action and in fact, can be seen along roadsides which are never wet with tidal waters. It would appear that there is enough salt content carried inland perhaps by winds or whatever the vehicle is to bring the salt saline in. That that is efficient for that to exist. A very low saline requirement in my opinion. That species is found inland of the'l.location of where I have shown the wetlands to be. I do not consider that to be, however, tidal wetlands themselves but rather this adjacent area. The New York State D.E.C. agreed with my position. And based upon that, is- sued the permit. Thus it remains our position to date, that the location of the house as it' s- shown and Mr. Kerbsi.s the subse- quent owner as is mentioned before, relocated the house landward from that original location. I believe that house to be now at least 75 feet and probably more from the edge of tidal wetlands. CHAIRMAN GOEHRINGER: Thank you sir. MR. ANGEL: Can I just ask him a couFle more questions? CHAIRMAN GOEHRINGER: Sure. MR. ANGEL: When, in your prior position working for the New York State Department of Environmental Conservation, did you have occa- sion to do analysis such as the one you did for the Kerb property? MR. HAJE : Yes. Many times. MR. ANGEL: And since that date, have you done them? MR. HA JE : Many times. Hundreds, probably thousands. MR. ANGEL: Ok. No further questions. CHAIRMAN GOEHRINGER: Thank you. Page 6 - Thursday_ March 17 , 1988 Ptbl,ic: Hearing - n C. Kerbs Southold Town Z .y.�. MR. ANGEL: There.'.s,.:.a second aspect to this application Mr. Chairman and members of the Board. And that ' s in the event that you make a determination that we're within the 75 foot area, we have an alternate request for a variance. And I want to offer a bit of ' testimony on that alternate theory without prejudice to961aim of course that a variance is not necessary. It' s our position based upon the documents that we submitted, the position of the D.E.C. and Mr. Haggie' s testimony, that the building envelope exceeds a distance of 75 feet from the wetlands. Nevertheless, we don't want to be caught with our pants down in case you make a finding to the contrary. We want to offer some evidence of practical difficulty. I want to state first in a conclusionary fashion, that it ' s pretty self-evident that if no variance is granted from this 75 foot setback and the property is precluded from development, that there would be a substantial diminution of the value of the property. Perhaps to nothing. And I brought Mr. Kerbs here to testify to his investment in the property to show what his loss would be. Mr. Kerbs. MR. KERBS: My name is Jon Kerbs. I 'm the owner of the property. I got about $80, 000 in the property. And if I couldn 't build on it, it would be next to worthless. MR. ANGEL: And Mr. Kerbs, what do you do for a living? MR. KERBS: I buy and sell property. I buy something and maybe build a spec house or buy a piece of property and rebuild it, sell it, rent it. MR. ANGEL: And have you worked in the real estate industry? MR. KERB: Yes. I 've been doing this since 1976 and from the beginning of 1973 to the middle of '76 , worked as a staff ap- praiser for Southold Savings Bank for real estate appraisals. MR. ANGEL: No further questions. CHAIRMAN GOEHRINGER: Thank you. MR. ANGEL: That concludes my presentation subject however, to perhaps rebuttal if I deem it necessary. CHAIRMAN GOEHRINGER: Thank you very much Mr. Angel. Is there anybody else who would like to speak in favor of this applica- tion? Anybody like to speak against the application? Kindly state your name ma'am. CATRiONA GLAZEBROOK; I 'm from the firm of Twomey, Latham, Shea and Kelly and I represent the Northfork Environmental Council and also the Southold Bayman' s Association. In addressing the first is- sue whether the Zoning Board of Appeals should have jurisdiction, clearly they should. Mr. Angel was correct in one thing about the record is very extensive here and it points directly to the fact that this property is at least 45% wetlands area. I 'd like to read portions of some documents and then I 'd like to enter Page 7 - Thursda]- March 17 , 1988 Public Hearing n C. Kerbs Southold Town Z .B.A. MS. GLA:Z E B ROOK(continued) them into the record. In fact, I ' ll do that all together rather than one by one and break up my presentation. The first document that I have is a letter that was written by Ellen Larsen, who at the time, was a Trustee that when the application came before the Trustees in a request for the permit. She sent. this letter to the D.E.C. She was incredibly concerned that the D.E.C. not grant the permit because she had been out to the site and inspected it and she goes on to say; the agent states that the proposed dwel- ling lies 90 feet landward of the tidal wetland. After several on site inspections, it is the opinion of this Trustee that the proposed dwelling is situated within 3 feet of high marsh. I offer the following data to support this conclusion. This parcel is possibly one of the last undikedparcels abutting Hallocks Bay. Spartina alternaflora abound which is a wetland indicator species, abound on the seaward portion of the property on the mud and sand flat conducive to its growth and germination. Furthermore, ground - sel bushes dominate the upland perimeter to a depth of 90 feet landward. Clearly establishing the area' s high marsh as identi- fied in Section 661. 4 of the Tidal Wetlands Use Regulations. Ground contours indicating where the salt water penetrates the upland during storm tides are clearly visible on inspection. In addressing Mr. Haje ' s. comments that groundsel is not neces- sarily a determinate of salt water wetlands. That may very well be his opinion but currently it is law in the code and under the State Environmental Conservation Law, that groundsel is most clearly a wetland indicator species. The code reads, this is from Section 97-13 ; Tidal Wetlands; all banks, bogs, meadows, flats and tidal marsh subject to such tides upon which grows or may grow some or any of the following: salt hay , black grass; salt worts , sea lavender; tall cord grass; high bush cat tails and ground sel . Environmental Conservation Law Section 25-0103 states that wetlands are defined as; all banks, bogs, meadows, flats, tidal marsh subject to such tides upon which grow or may grow some or any of the following: here again, groundsel is listed as a wetland indicator species. Another document that I 'd like to submit into the record and read a portion of is a report that was prepared by Heather Kruszak, who at the time when the applicant had this permit application before the Trus- tees, was with the Conservation Advisory Committee. And she states after going to the property and having several, perhaps possibly as many as ten on site inspections, that the dominance of the understory suggests periodic salt water flooding, i.e. Spring high tides and storms. The predominant shrubs are ground se I " bush and marsh elder with a salt marsh species and salt tolerant. There's also another report that was prepared by Mr. Bredemeyer when the application was reviewed by the Trustees. I 'm not going to give you a copy of that because when I reviewed the report today, I realized that you have the entire report. I know that in the report there are two charts that are shown that Mr. Bredemeyer submitted. One of them shows groundsel all the way up into the building envelope itself. Another re-. port shows the marsh or the wetland indicator species going ap- proximately 45% into the property. So even Bredemeyer himself, Page 8 - Thursday. March 17 , 1988 Public Hearing - n C. Kerbs Southold Town Z .l.,.n. MS . GLA,ZEB ROOK(continued) in the reports that were submitted, show that this area is densely populated with wetland indicators. The last report that I would like to have put on the record is from our own Environmental Spe- cialist, Lawrence T. Penney. He is an Environmental Planner and Ecologist and currently serves as a Natural Resource Director for the Town of Easthampton. He received a Bachelor of Science De- gree in Biology and Wildlife Conservation from Cornell and he al- so has his Master ' s Degree in Biological Science from San Fran- cisco State University. He is currently working on a doctorate in Animal Behavior and Marine Biology at the University of Sante Barbara.. He went to the site and states in part; that the co- parcel is a parcel situated on Hallock' s Bay which I would clas- sify as marginal for building purposes. Meaning, that it is highly constraint for a building because of environmental con- siderations. Hallock's Bay on which the parcel fronts, is one of the most productive shellfish regions in the Town of Southold. Its waters are presently certified for shellfishi.n,qj.The parcel is low lying barely reaching 7 feet above sea level.- . Approximately 45% of the parcel is occupied by wetlands. These wetlands con- tain typical wetland species and extend into the right-of-way of Narrow River Road by way of a sizeable swale . He also states fur- ther on his report, I won't quote him directly, but you'll see when this is entered into the record, that it is his belief that the building envelope is only 10 to 15 feet from the wetlands. I think that based on the documents that I 've just read from and will be submitted into the record, I think that this property is . clearly within your jurisdiction. Beyond being clearly within your jurisdiction, .I think that it has such extensive wetlands that any building on the property should .not be allowed and no variance should be allowed. This Board should most adhere to the New York State Environmental Quality Review Act when review- ing the application. And at the very least, in this review, that the simple requirement of SEQRA is that if a project may, which is the key word "may" , have a significant impact on the environ- ment; that an environmental impact statement should be prepared. I think that based on the ' fact that this building is practically going to be built on marshland, determines that it may have an impact on the environment and an environmental impact statement should be requested. This will also help to get any mitigating features which may be incorporated into the building itself and the septic systems which WE 're greatly concerned with and the amount of seepage proposed up there and the amount of fill which has now gone up to 250 cubic yards which will be going directly onto these delicate wetland indicators. The applicant states .hat he will have practical difficulties according to the Walsh verses McAllis case. He is requesting an extremely substantial variance here. If the wetlands are within the 3 feet to 15 feet from thb. building envelope, we 're talking about a variance of 75 to 90% of the variance from what is allowed under code of the 75 foot setback requirement. I realize the dilemma that the owner of the property is involved with at the moment. When he purchased the property I believe there was some dispute as to the location of the wetlands at the time. And being an experienced sellar and buyer of real estate in the area, it could have been foresee- able that this property may have had building problems due to the Page 9 - Thursda, March -17 , 1988 Public Hearing - n C. Kerbs Southold Town Z .B.A.. MS. GLAZEBROQK(continued) : extensive wetlands .on it. The dilemma that the Board is faced with, perhaps not allowing this builder to build on the proper- ty having received the variance, may be solved. Currently the county. . . . . I realize when reviewing the file, that the Con- servation Advisory Council on August 7 , 1987 made a request to the Southold Town Trustees that the property be purchsed by either the D.E.C. or the county. This may be a possible alter- native to building on the property. I know at this very moment, the Department of Environmental Conservation is looking into pur- chasing the property because they believe it ' s in a very signi- ficant area and should not be developed. I believe Steve Latson has a few words to say about his own personal knowledge of the area. And I 'd like to say that and also I 'd like to enter the . documents that I 've read from onto the record if I may. CHAIRMAN GOEHRINGER: Thank you. STEVE LP.TSON : I guess inadvertantly I ' m next. CHAIRMAN GOEHRINGER: Yes, that' s what it sounds like. MR. LATSON : From the Baymen' s Association. I don't think I need the microphone. This is a wonderful chart that we drew up for the Trustees. It didn't work for them, so , it probably won't work for you. Anyway, in May of ' 86 I went down to this proper- ty because our treasurer said; oh boy, they 're doing something down there, putting stakes up. What ' s going on down there? I said I really don 't know Frank. So we went down there. I walked in on this part of the property. This is Narrow River Road, boat ramp, Plushau's , water, Hallock ' s Bay. I walk down there. It has not rained for three weeks and the ground is wet. It must be wetlands. I looked around. Oh yeah. There' s some wetland plants around here. Here and there, scattered around. I would say maybe 20% wetland plants. I said okay. Looking around some more, I see a stake right in the middle of the whole place that says cesspool. Oh Jesus, this is weird. So then I go further, I see a corner of a house right next to a groundsel . bush which we 've already had a big discussion on. I said well, here we are. I guess this is the site. So anyway, I meandered down in through here. And once you get down to about here, you can 't keep going. This area is heavy marsh. And John Bredemeyer himself, said one day, at one of these meetings that we had, I tend to agree with your wetland line .: down there Steve. So I felt good about that. I would say over here we 've probably got some wetlands too but it ' s in the form of fragmities which is another one of these major disputed areas. It' s a contended wetland indicator. So anyways, we actually feel that basically this area is a pretty good representative of wet- lands as is written in the Town Code. We didn't get too far with that. We talked to the Trustees. I felt we 'd go to the Trustees and they'd go down there and go; oh yeah. Look at the wetland plant. They're right. You Baymen, you 're right in there. Thanks a lot for helping us out. Well, as it turned out, that wasn 't the way it worked. Meanwhile, the other people that we 're trying to develop this property hadn 't provided anything. They said the wetland line is down in here somewhere and that ' s all they said. Page 10 - Thurs ►, March '17 , 1988 Public Hearing - Jon C. Kerbs Southold Town Z .B.A. MR. LA.S.QN (continued) The first thing we did. was write .a letter to the Trustees saying that we felt that Mr. Haggie either didn't have any idea of what a wetland was or that he was lieing and that we felt there' s a real question mark in this whole thing.. Anyway, let' s just move along here really rapidly. In August of '86, we-!re getting pret- ty frustrated. They say it's not wetlands and this .and that and there's a lot of questions and la ti da ti da. We 'll go down there with a transit. We'll meet with a couple of Trustees and really show them why these are wetlands. So we go down. there with a transit and this happened to be August 7th and we met with John Bredemeyer and Jeff Goubeau and it was Pete Wentzel and myself. We set the transit up at this site right here on the edge of-.the property. We shot high tide which is right here. We shot up in- to a.':site here, here and here. Now, I 'll explain the contour lines on this thing. This contour line is listed at 5 feet ac- cording to the chart by VanTuyl. This line is 6 feet. Now first, you could stand down here, the whole property is down in here. I 'm six feet tall, so I know these numbers are kind of weird. Well, finally we went to the Trustees, what are these numbers: Finally they got a reply., from VanTuyl that these numbers are mean sea level.. Well it turns out that mean sea level is roughly six tenths of a foot below low tide. Well, that' s interesting. I don't know where this mean sea level is. Apparantly it' s in Redhook, New Jersey and it was in 1929.. That' s what it 's from. All this stuff is stupid. I 'll tell you, if you've got any com- mon sense, you can go further here. You won't get anywhere ac- tually because none of them makes any sense. Anyway, we shot these sites with the idea that VanTuyl said; well, you subtract three feet from these numbers. So this line here now represents two feet above sea level. end as you can see, this area back here with the septic system is even they admit is below two feet. And this is below high tide I should say which is pretty perti nent.• This is six feet. Ok. Here we shot a site. Theoretical- ly, I should say three feet. Theoretically, was three feet. Number four is eleven inches. That's eleven inches above high tide. Number three over here which is pretty near above the three foot area and pretty far from the two foot area, is 16 inches. Finally, way up here in the heart of the property, we actually got up to, my god, 184 inches. Here were are in the heartland a foot and a half above sea level. Anybody can figure out and many people have testified that any major storm such as Nelson, Gloria etc. and so forth, there is no land here. Our contention is that this area gets flooded periodically every year and that there are wetland indicators. And according to the code, that is the way it is. If you flood every year annually, several times in Springtime, etc. and so forth and you have in- dicators, it's a wetland. So we just went by the code. Finally, in December 3rd of 1986, I wasn't doing too much that day. Scal- lopping wasn't too good that year and I went down to the water. I said; boy, the tide is really coming up and it had been blowing that night about 20/25 miles an hour out of the east. So we all know that's when you get some good high tides. And I never ac- tually seen water in the back here. I really didn't want to go down there during Gloria. So I went down there this day. Ac- tually Gloria happened before this anyhows I went down there Page _11 - Thursd--- March 17 , 1988 Public Hearing - -in C. Kerbs Southold Town Z .B.A. MR. LAT ON (continued) : that day and I stopped down here at first to park my truck. The water was right in here, right at the edge of the groundse1._ -, right at the edge of where we shot this eleven .inch line. I checked at the boat ramp here and I could see the tide had already gone down about six inches. So I said, well, that 's interesting. Now I know why this area is . all official high marsh and not this stuff that's growing 15 feet above sea level. It's only eleven inches and it floods periodically every winter. Then I went back up in here. Now, unfortunately.,. _I. took a couple of photos. They weren't the world's best photos. But also unfortunately, I gave them to our lawyer and they lost them. But anyway, I will testi- fy that I witnessed .this and I saw this and there seemed to be a lot of testimony earlier by the other lawyer, that I took these photos here and measured the depth of the water. The water was roughly 6 to 7 inches deep up here. - And it was pure salt .water. _ I drank it. I spit it out also. Simple, 11 inches, subtract 6- inches, you're about 5 inches above sea level up 'in here. I don 't know what else I can say. I mean this is a really low area. It's still where they're going to put the septic system. This just is not the way to go. I really hope that Jon gets back his $80, 000. The D.E.C. pays him 85, so .he'll make a little 5 there. _'I hope that the fact that I lost about $20,000 three years ago surf clam- ming; that maybe they'll take me into consideration too. Life 's a gamble here. Anyway, I don't have that much more to say. One issue that has been brought up, is that we have a town boat ramp here, a minor marina here with boats maybe up to 20 feet long. I 've kept my boat at this marina. At. low tide ' you have about 6 inches of. water and so big boats don't really like it there. One of the arguements was that well, you got all this heavy duty use _ which isn't use. The marina area and. these boating areas are not used heavily and they're used by very. minor little .boats. We have the argument that well, you got this and this, then what harm is .. this. Well everybody knows the more possibly sources of contami= nation you .have, the more you have. And the less chance you have of good water flow. It's all pretty simple. And recently, I had the opportunity to see the latest shellfish sanitation guide that the D.E.C. is going to try to implement this year. And I 'll tell you, we 're going to be lucky if we have any creeks left for shell- fishing because they're going to do a .shoreline survey now. And on the shoreline survey they want to know everything, every single house, every single drain, every single everything. And if New York State does not comply with this, our clams are not going to be shipped interstate. If we do comply with this in many instan- ces with certain circumstances, if even water quality is good, they're just going to go in and say, you got all this stuff in there. Okay, ex that area, no good. The future is ,that we should heed the Long Island Regional Planning Board. It 1984 they came out with a long point source handbook. Hundred foot buffers from the -furthest inland wetland indicator. This is Long Island Re- gional ' Planning Board. A lot of really good people from Long Island trying to put together something that made sense. Ob- viously no towns, no jurisdications are paid much attention to this year and I realize there's a lot of difficulties. But I Page 12 - Thurs( March 17 , 1988 Public Hearing on C. Kerbs Southold Town Z .B.A. _ 1 MR. LAT�90N (continued) : think if any instance where we can say; well, if you can't develop it, we're not going to rob you. We're going to try to get your money one way or another, we're going to get this 2% bill passed so we can get money that way. And in this instance with the D.E.C. having the money, good. But we -absolutely have to stop saying no to developing in certain areas or-what is left of our heritage here is absolutely going to be gone. So I don't have much more to say. Thank you very much. CHAIRMAN GOEHRINGER: Is there .anybody else who would like to speak against the application? Yes. MRS .LARSEN: Good evening Mr. Goehringer. Elden Larsen, Councilman for Southold Town, former Trustee. I'm not here either tonight to speak for or against this application. I would just like to re- late to you my experience as a Southold Town Trustee during the re- view of the Kerbs application. When it 'was ' initially submitted to the Board for a request, - as Mr. Haggie stated, for a waiver, was waived based on D.E.C. Tidal Wetland. Line. The Board voted on a 4 to 1 vote to waive. time project. I spoke with the Board members and said, guys, we ought to look.-at this closely. It's awfully low. We went back and looked at 'it and we determined that a per- mit would be needed from the Trustees. An application was submit- ted. At the time, it was the opinion of the C.A.C. and certain members of the Board Ha-block ' s Bay was going to be considered as a critical environmental area which it will be designated as such on March 24th. That the parcel was particularly low and we should re- quest a .long environmental assessment form. Now, what.._the_long_:_-- environmental assessment form will basically do is tell us how many acres of wetlands, how many feet of wetlands on the property, .how much is comprised of that and then we can go back and look at it and determine whether all the .environmental assessment form was done. When we looked at the contours, we could tell that the pro- perty was low. At .that time, we asked the applicant,. according to our code that a map be submitted showing .the property elevations on one foot contours. The application, as was stated, took a year and a half to be approved. A public hearing was held and there was much opposition from many people in Orient on the effects if this were to be built. We had, by the PresideniQf the Trustees ' assured me that the matter was placed back on the agenda for a vote. We never received the topo. We never received the long environ- mental assessment form. We reviewed this project abutting Hallock's Bay to the same extent that we would review a house that is 75 feet from a wetland line or a high- water mark with elevations of 10 or 11 feet above sea level. When Mr. Haggie stated that he did feel that ground s.el ;. was a wetland indicator, a ground sel bush is a bushy bush that lines the high water mark of any creek in Southold Town. It's indicator of the landward portion of the high water mark. This particular case on the Koke property, the ground was relatively undisturbed. It is the opinion of many that it was a wetland indicator including Mr. Bredemeyer himself. We never really looked at the-' impact as a result of the proposed con- struction. The house, the property is in single and separate owner- Page 13 - Thursd March 17 , 1988 Public Hearing - Jon C. Kerbs Southold Town Z.B.A. MRS .LARSEW (continued) : ship. Heather Kreusak who was a member of the C.A.C. and still is, submitted a wetland survey based on what the C.A.C. was asked for at the time. A wetland survey of the property as Ms. Glas_- she: said her name was, indicated. At that time, it wasn't good enough for the Board of Trustees. They wanted a vegetation of the slopes specific to the site plan which was- the reason that Marty Garell was dismissed from the C.A.C. because he didn 't co- operate with the Board of-..Trustees. My contention was that the applicant didn't cooperate with the questions that the Board of Trustees asked. I would like to ask you if you had a long en- vironment form. Has this project ever been addressed environ- mentally? A D.E.C. application was submitted as evidence where the cubic yardage went from 100 to 250 cubic yards of fill. That permit is invalid on Trustees ' standards. And never in my experi- ence on the Board of Trustees, did I see an applicant get an amend- ment to a permit to increase the cubic yardage. The applicant would have to come back in, reapply to the Board of Trustees and go through another public hearing-to do this. I would say that in the case of the Love, the D.E.C. Tidal Wetland line was moved landward by the Trustees in some instances, up to 72 feet. of their determination by the very same Board, moved the land line- ward, moved the D.E.C. wetland line landward. .. Until the infor- mation is really supplied, until a determination has been made which I think it is, I think it is a wetland, I don 't feel that the Board has the .-' information in front of them to make a deci- sion on this. Thank you. CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would like to speak in opposition? We 'll go back for rebuttal. MR. ANGEL: Just a couple of brief points. One general observa- tion. and it relates back to the comments that Mr. Goehringer made at the beginning of the hearing. Is that; you have before you the issue .of the wetland setback. Other agencies have reviewed the environmental concerns on this property. The large record of the Trustees, the D.E.C. and the Health Department have all exercised some expertise within their own areas of concern. Now, 2 've got a couple of factual things I 'd like to bring before you. One is; though it 's not really relevant because it was before the Trustees, but I don 't like people saying things that really didn't occur. There was one statement there that the applicant was asked to pro- vide a more detailed topographic map. 'Precisely what he was asked to do was provide a topographic map with one foot contour lines by the Trustees and it was stated that he did not provide. Well, the record indiaates that he did provide it and I don 't have a print of it but I do have a photocopy of it and a letter of transmittal from the Trustees own records directed by _-- to Henry Smith and then present of the Trustees dated July 10, 1986 with that topo and I 'd like to give that to your Now, the next thing. . . = with me a second. All the letters that were .all that .was Page 14 - Thursdi March 17 , 1988 Public Hearing - n C. Krebs Southold Town Z .B.A. MR. ANGEL (continued) : litigated before the Trustees including this question raised by both of the witnesses and Ms. Glazeb.rookregarding the dominance of the groundsel bush was as she asserts, .directed to the D.E.C. in a letter from then Trustee, Larsen. Well, the D.E.C. responded specifically and reflected that they made an additional field check at the :time in response to her letter. And nevertheless, maintained their position that the building area was more than 75 feet from the wetlands. And I have a letter dated July 1 , 1986 from Charles D. Hamilton of the D.E.C. to Ellen Larsen and the Southold Town " Baymen ' s association and another individual specifically respondingto her letter and specifically stating that the concerns addressed in her letter did not alter the D.E.C. ' s position regarding distance from wetlands. I 'd like to give that to you also. Finally, I 'd just. like to focus your attention on the task before you. The Trustees have actively aired this issue. They have actively aired whether or not a house should be built on this property and concluded as is their position in this town that the house should be built here. The. •D.E.C. , which to some extent, has overlapping jurisdiction with the Trustees and I 'm not too sure it ' s a fair thing to say but, has a•ilot of people with a lot of de- grees doing this sort of thing. They were also investigating and came out with a conclusion that' s on all fours with the position that the applicant has taken. The Suffolk County Health Department that has jurisdiction over issues of septic waste, also reviewed the project and issued a permit permi.tting the project to go ahead. I respectfully submit that under the record before you, you really should find that the project is going to be, or at least the construction of the project is going to be more than 75 feet from the wetland. Finally, since the p rview of your review is limited to the question of setback, I believe that under the State Environmental Quality Review Act, a setback, I don 't have the regulations with me, I brought the volume with the wetlands regulations, not with the SEQRA regulations. But certainly, this is a project, at least an action that is before your Board that is either a Type II Action that does not require an environmental review or an Unlisted Action that certainly does not require you, a Board that only deals in the setback question, to require a full environmental impact statement or some difficult environmental re- view after the environmental agencies have already complied with SEQRA and are satisfied that this is .a proper location. Thank you. CHAIRMAN GOEHRINGER: Thank you. Ms. GlaZebrook-nothing. Mrs . Larsen? MRS . LARSEN: Thank you Jerry. Regarding the topo. looked at the topo, he would see that it was based on mean sea level right from the beginning. The town, our code and the D.E.C. requirements for a topo states that it has to be based on U.S. geographical data which gives you an accurate topo. That is not an accurate topo. That was brought to the attention of Mr. VanTuyl and the applicant, at least by me at the time. It may not be on the record but it is an inaccurate topo. It doesn 't conform to what our code asks for. The D.E.C. originally reviewed their per- Page 15 - Thursd< March 17 , 1988 Public Hearing - n C. Kerbs Southold Town Z .B.A. MRS.LARSEN (continued) : mit when I called. I wrote the letter to the D.E.C. and they;.-is- sued the permit. So they were crossed in the mail. They got the letter. I saw the permit copy in the box of the Trustee Office. They followed up and made field inspections. But initially, when they looked at their application, they told me it was administra- tive review. At the time the office was very busy. As everyone knows, there was a shortage in the D.E.C. People were waiting a year for bulkhead permits and catwalk permits and they were just taking information that was presented to them on a piece of paper and making a determination to get the permits out because they were under so much political pressure from shortages in manpower at the time. What I am saying is that this property has never been accurately reviewed for either impacts from sewage, impacts from flooding or the fact that it 's only 7 feet, that it is a tidal wetland. And that if it was within our code to deny the permit to begin with. We would not have taken .the person ' s right away from use of the property. They could have put a catwalk on it. They could have put a mooring over the wetlands, whatever. But it is not a suitable environment. for a house. If there is a flood, that septic is going to go and it 's going to go into Hal- lock' s Bay. So my feeling is; .this piece of property isn 't safe. What could possibly be safe and it ' s up to the people in the of- fice to hold up what the code stands for. And I felt in this par- ticular case that the code would have been Withheld. Thank you. CHAIRMAN GOEHRINGER: Mr. Bredemeyer. r MR. BREDEMEYER: Yes. Good evening. I. didn 't come here prepared .to speak to this issue. If I had, I would have brought the record of the Trustees. I 'd like to say that I 've just heard a lot of hearsay which was not substantiated by fact on the record. And that if Mrs . Larsen had identified herself as being in the minority when a majority position came out of the Trustees. As this is a matter under litigation, .I don 't expect to comment on it at all except for those simple facts. Thank you. MR. LATSON. : I just want to point out that we proved by our transit siting that there was a lot of question on actual contour of this property and a lot of questions as to why, raised, as to why we thought there were wetlands. One of the last pieces of writing before Jon Kerbs ever got involved .in this and the case was rested, was in October. I don 't remember specifically. But in October of 186, it' s in the Trustee record, and it was Mr. Koke writing a letter to Mr. Smith, the Trustees, stating that Mr. Smith had just written a letter asking once more for an accurate contour map. You leave that down to one foot indicated high tide ver- sus all this stuff down to Jersey. And Al wrote back and said that at this time, they weren't going to submit anything because they were just going to stop everything at that point in time. Interestingly enough, apparantly a month later, 1 , 500 yards of fill was requested by Mr. Haggie at the D.E.C. on this property which shows you that while everybody else thought, we get a rest. They were busy working. And now it ' s been up to 250. What we actually consider happening is, once more, the filling of wet- lands and we really hope that filling the wetlands had stopped Page 16 - Thursd March 17 , 1988 Public Hearing - >n C. Kerbs Southold Town Z .B.A. MR. LATSON . (continued) : a long time ago. .And I think this proves the inaccuracy of Suf- folk County Health Department in their ability. They are total- ly afraid to say no to anybody. They are afraid they are going to get sued and they absolutely, the water is non-potable. I read that. And then here they are okaying a well where the wat- er . is no good. They're okaying a septic system where it ' s pro- bably five inches above sea level, floods regularly every year and they're okaying all this stuff. A lot of problems and it ' s up to groups like you to start telling these people to stop. Enough is enough. If people don 't start saying stop enough is enough, it will never stop. And eventually, we're going to find that we 've ruined everything. And it really is time. It' s time for a new revolution. The idea of public land is gone. Public land is almost gone because there is no public land. Private land is getting consumed by the wealthy and the average person is get- ting shut out as we all know with this issue in Southold Town right now about affordable housing. We really have a lot of is- sues we have to start covering. I 'm head of the waterfront re- vitalization program and these are all the issues we are trying to cover while we do our program and these are really major is- sues. We need agencies to start telling people enough is enough. We really have got to look to the future. We got to look fifty years ahead. We got to look for our kids. We have got to do something different. It' s not 1776 anymore where the sky is the limit and there 's nothing anywhere. Thank you very much. MR. ANGEL Mr. Chairman, just one thing. Not in the nature of rebuttal, just clarification. There ' s been some talk about a 250 cubic yard fill permitted by the D.E.C. and a 100 cubic yard fill permission issued by ,the Trustees. I don't want to leave you with the impression that if you granted approval, that we feel that we can put 250 cubic yards of fill on there. We are bound, even if we get an approval from this Board, to abide by the determination of the Trustees. Should we think it' s buildable under those circumstance4 should we feel that additional fill is required, we would have to go back to the Trustees as somebody pointed out. We 're seeking, even though notwithstanding our position about jurisdiction, that isn ' t approval. That' s something we 've got to live with. CHAIRMAN GOEHRINGER: Thank you. In a similiar hearing of this particular nature, not probably close to that but I 'm not tell- ing you I 'm getting it out of the air. I 'm going to ask that the hearing be recessed to the next regularly scheduled meeting. Not for the purpose of verbal or oral testimony but for the pur- pose of investigation on our part. And so we will close this hearing on April 14th. '. If we find anything is germane to the case that we have not heard, I will place it in the record and we ' ll coordinate with both. attorneys at that particular time. Basically it' s a time where again, we're going to go out and Page 17 - Thursd--- , March 17 , 1988 Public Hearing - >n C. Kerbs Sduthold Town Z .B.A. CHAIRMAN GOEHRINGER (continued) : do some more field inspections and we 're going to look at the situation as it stands. And as I said, we will close it. It will be a matter, as some of you have seen tonight, we closed the Zahra hearing and there was some information placed in the record. Both attorneys were contacted and we did coordinate with them. In this particular case, based upon the field in- spection, it' s the only way that we can really deal with the issue. And other discussions that we might have basically among ourselves based upon that particular field inspection. And I thank you all for coming in. And I 'll make a motion recessing this hearing. ELLEN LARSEN : If I could just say one more thing. I appre- ciate your tolerance and your graciousness at this point and I certainly don 't envy your position. But if you have decided to postpone this decision, I would just like to point out that last night and tonight are the highest tides of the year. They won't be associated with any winds or any storms just completely high tides. So if the Board is going to recess and table it, maybe at some time during the high tide tomorrow, you could, if your schedule will allow it, look at this particular parcel of property. CHAIRMAN GOEHRINGER: Thank you. Again, thank you. Making a motion recessing the hearing to the next regularly scheduled meeting with no oral testimony. All in favor - AYE. -270�� �, R i Southold Town Board of Anneals P", 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 June 7 , 1988 JOSEPH H. SAWICKI Stephen R. Angel , Esq . Esseks , Hefter & Angel 108 East Main Street , Box 279 Riverhead , NY 11901 Re : Appl . No . 3687 - Jon C. Kerbs (Variance/Interpretation ) Dear Mr. Angel : Transmitted herewith for your perusal and file is a copy of the recent findings and determination rendered by the Board of Appeals at our Special Meeting held on June 2 , 1988 in the above matter. ,. Yours very truly , Linda F . Kowalski Enclosure Copies of Decision to : Catriona Glazebrook , Esq . Mr. Jon C. Kerbs Building Department Mr. Victor Lessard (Exec . Adm. ) Southold Town Trustees Clerk Frank A. Isler , Esq . ; aut ESSEKS, HEFTER & ANGEL Y. COUNSELORS AT LAW 108 EAST MAIN STREET P. O. Box 279 RIVERHEAD, N.Y. 11901 WILLIAM W. ESSEKS (516)369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R.ANGEL TELEX-EHCA 6852318 UW P. O. Box 570 TELECOPIER NUMBER(516)369-2065 WATER MILL, N.Y. 11 976 JANE ANN R. KRAT2 (51 6) 726-6633 JOHN M.WAGNER WILLIAM POWER MALONEY February 9, 1988 ALAN D. OSHRIN OF COUNSEL d'.I U L: Mr. Gerard P. Goehrin er Chairman and Membersw Zoning Board of Appeals' Town of Southold Main Road Southold, New York 11971 Re: Application of Jon Kerbs Dear Mr. Goehringer and Members of the Board: Please be advised that we are the attorneys for Jon Kerbs, who filed an application with your Board for a variance on October 27, 1987. The property in question is located on Narrow River Road in Orient (Suffolk County Tax Map No. 1000-027-02-05) . The purpose of this letter is to amend the existing application. We wish to amend the application to reflect that Mr. Kerbs, for his primary relief, requests an interpretation of a determination made by the Building Inspector, rather than a variance. In this regard, you should deem paragraph 3 of the application previously filed altered to reflect a request for an interpretation or, alternatively, a variance. I enclose a letter of authorization from Mr. Kerbs to me dated February 1, 1988. Some background information and the reasons for the amendment are as follows: 1 . Mr. Kerbs' property is located on Hallock' s Bay. He made application to construct a one family dwelling with associated deck and septic system to the Suffolk County Department of Health Services and the New York State Department of Environmental Conservation (DEC) . Both agencies issued approvals. I believe copies of these approvals are already in your files. Page Two February 9 , 1988 2 . On January 16, 1986 Roy L. Haje of En-Consultants, Inc. asked the Board of Trustees of the Town of Southold to verify that the proposed construction on the Kerbs property would take place in an area more than 75 feet from tidal wetlands. As you know, the trustees' jurisdiction over applications, such as this one, is limited to construction in the area closer than 75 feet from wetlands. (At this time, Mr. Haje was acting for a prior contract vendee , Alexander Koke. ) 3. Though the trustees originally determined that the project was not within their jurisdiction and advised Mr. Haje of that conclusion in a letter dated February 3, 1986, the trustees changed their minds and advised Mr. Haje of this change in a letter dated February 24, 1986. 4 . After much discussion and deliberation, the trustees issued a permit for the project on June 25, 1987. A copy of this determination is enclosed for your reference. 5. On May 2, 1986, the DEC issued its approval for the project stating, in its permit, that all construction would be landward of the 75 foot line from tidal wetlands. A copy of this permit is also enclosed. 6. The expiration date of the DEC permit was 12/31/87. Mr. Kerbs sought an extension of the permit and, in addition to the extension, a minor modification which would include a clarification of the wetlands line. 7. On January 6 , 1988, the DEC issued an amendment to the prior permit extending it to 12/31/90 and confirming that the building outline shown on Mr. Kerbs ' plan "is 75' from the DEC determined tidal wetlands line. " A copy of this amendment to the original permit is also provided. The DEC marked the wetlands line on a xerox copy of Mr. Kerbs ' plan, a copy of which is enclosed. 8. Mr. Kerbs reviewed the above with me and we determined that the amended DEC permit made it clear that all construction was to be conducted outside of the 75 foot setback line from tidal wetlands. Based on this, Mr. Kerbs decided to make a new application to the Town of Southold Building Department for a building permit. Again, as you know, if the construction is outside of the 75 foot setback, Page Three February 9, 1988 there would be no need to apply to your board or the board of trustees. 9. Notwithstanding the new DEC permit, the building department issued a notice of disapproval dated January 28, 1988, a copy of which is also enclosed. 10. It is from this notice of approval that Mr. Kerbs appeals. it is our position that no construction will take place within 75 feet of tidal wetlands pursuant to the amended permit. I respectfully request that you amend Mr. Kerbs' application to reflect what is contained in this letter, specifically that he seeks an interpretation of the distance to wetlands from the building area proposed on the plan submitted to the DEC and, if that interpretation is adverse to Mr. Kerbs, that a variance be granted. Please note that by applying for a variance as alternative relief, Mr. Kerbs does not admit that the proposed construction is within 75 feet of tidal wetlands under the applicable provisions of the Code of the Town of Southold. Should you wish to have us file any additional papers in connection with this amendment to the pending zoning board application, please advise me and I will do so promptly. ;Re ectfully yours, t-C- tep en R. Ang SRA:mb Encl. xc: Mr. Jon Kerbs Frank A. Isler, Esq. JON KERBS Reilly Avenue Mattituck, New York 11952 February 1, 1988 Stephen R. Angel, Esq. Esseks, Hefter & Angel 108 East Main Street P.O. Box 279 Riverhead, New York 11901 Dear Mr. Angel: This is to authorize you to represent me in connection with any applications made on my behalf to the Town of Southold, Zoning Board of Appeals. You are specifically authorized to amend my prior application. Very truly ,yours, Jon Kerbs HENRY P. SMITH, Presidents JOHN M. BREDEMEYER, Vice-Pres. L= 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 June 30, 1987 Mr. Jon C. Kerbs P. Cf. Box 525 Greenport, New York 11944 Re: Koke/Kerbs Wetland Application No. 373 Dear Mr. Kerbs: The following action was taken by the Board of Town Trustees during their regular meeting held on June 25, 1987 regarding the above referenced application: WHEREAS, Alexander Koke/Jon Kerbs applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated March 1, 1986, 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 August 28, 1986 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 Alexander Ko.ke/Jon Kerbs BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF' THE WETLAND ORDINANCE OF THE T014N OF SOUTHOLD TO: Construct a one family house, .driveway,, sanitary system and well and to fill with approximately. 100 cu. yds. of fill to raise the grade. Property is' located on Narrow River Road,_�;Orient. Approval is subj7ec.t: to the following: A11.'corisaruction being kept within 'the Bu Ts xl envelope of the suzvey__grov ded The house is to be C.0 SXru`cted on_open: lin8as dscus' `ed i�i field survey 'withtheµ'applicarit, subject to, the approval of the Suffolk County Department of Health Services. Arcommunicati'on`-`-i's' to be fartrardP:d' to them'--requesting that they give dug consideration to the coliform generation toward Hallocks Bay with any technically advanced or new sanitary system Board of Trustees Alexander Koke/Jon Kerbs — approval — page 2. be constructed if it is deemed necessary. This permit will expire on June 25, 1989 if work has not commenced by said date.. There are .two inspections -required,;and ttie .T-rustees;,areto benotified upon. the completion of the work ,..._........._ ti- _..__..__. Prior to the issuance of said permit by the Clerk, ttie''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 due at this time. 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: Robert .A. Greene, D.E.C. , Stony Brook Commissioner Henry G. Williams, D.E.C. ,"•'Albany Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservation Advisory Council Bldg. Dept.,- Board of ,Appeals File Board of Trustees Alexander Koke/Jon Kerbs (Addendum) The following conditions apply to this permit: 1. All-'necessary'precautions.shall be taken to preclude.contamination, of-� any wetlands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coating, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. 2. All—fill`-and spoil material shall be suitably contained at.'the work site so as to prevent its eroding, leaching or otherwise entering 'into the adjacent wetlands and waterways. L/ ,r New York State Department of Environmental conservation Regulatory Affairs Unit - Region I Bldg . 40, SUNY, Room 219 Stony Brook , NY 11794( 516 ) 7 51-7 9 0 0 Thomas C. JorlingJanuary 6, 1988 Commissioner AMENDMENT TO PERMIT Former Permit # ( if any) : (Former Permittee Alexander Koke) R E: Permit N o. & Location; 10-86-0092, Marrow River Rd,, Orient John C. herbs P.O. Box 525 Greenport, NY 11944 Dear Mr. Kerbs: X Your recent request to extend the above permit has been reviewed pursuant to 6NYCRR, Part 621 . 'It has been determined that there has not been a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit ; therefore, the expiration date is extended to 19.131,�90 X Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621 . It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions.. Therefore, the permit is amended to authorize: (1) Construction of a single family dwelling and attached deck within 47'x57' outline and place 250 cubic yards of fill within area of cesspools between house and road.. All work to be in accordance with attached plans prepared by J.C. Kerbs dated 12/23/87, approved by NYSDEC. (2) Change in name of permittee to above addressee. Additional Conditions: (1) the 50' natural vegetated buffer is to remain; (2) driveway is to be of permeable material; (3) This letter also confirms that the 47'x.57' building outline shown on said plan is 75' from the DEC determined tidal wetlands line. This letter is an amendment to the original permit and as such, shall be posted at the job site. All other terms and conditions remain as written in the original permit . Very truly yours, Alfred T. Kellar Deputy Regional Permit Administrator RNT Sent to: BM1p ��. 5 �a �s ApUo Ilk 71, Ksr use co 71 10 ! �� _ •� �' �f'' �?��� ,�.yam' !� � :; �" . -- " ,�; \�N�T�_�'P2EN1t5E I�t'fi=t��D ��l�� •A-7 �Et-, ., � • . ?'OUP . ..E(.E1rP�C'{ :tit .12�FE1?••1TJ ME�P�� ..� 'A..l_ -VEL. CON _A� 1 r� ��i�l�+�� �iJ/�-rill./. : LINGS `6fz Q I MI F'L.AS�I: ~�G�DUND WATE!2 -r- O.� .. i ------ r-►-a,N�: Pool 5) IV- q 39 3 �, t �•• `I ll 1� NEW YORK STATE DEPARTMENT OF ENVI NMEN9L CUNSFRVATION ' 9540b(91851 ` DEC PERMIT NUMBER-•- EFFECTIVE DATE 10-86-0092 1W 5/2/86 FACILITYIPROCRAM NUMBER(s) PERMIT EXPIRATION DATE(s) N/A Under the Environmental Conservation Law 12/31/87 ❑Article 15. Title 5: ❑Article 17. Titles 7, 8: SPDES []Article 27. Title 7: Protection of Water ❑Article 19: Solid Waste Management ❑Article 15. Title 15: Air Pollution Control ❑Article 27. Title 9: Water Supply ❑Article 23, Title 27: Hazardous ❑Article 15, Title 15: Mined Land Waste Management Water Transport Reclamation ❑Article 34: ❑Article 15, Title 15: ❑Article 24: Coastal Long Island Wells Freshwater Wetlands Erosion Management ❑Article 15, Title 27: Article 25: _ ❑Article 36: Wild, Scenic Tidal Wetlands Floodplain Management and Recreational Rivers ElArticles 1, 3, 37; 6NYCRR 380: 06NYCRR 608: N—New, R—Renewal, M—Modification Radiation Control Water Quality Certification C—Construction, O—Operation, (If Applicable) PERMIT I SUED TO Alexander Koke ADDRESS OF PERMITTEE Schooner Dr. , Southold,NY 11971 • A ENT FOR PERMITTEEICONTACT PERSON TELEPHONE NUMBER oy Haje,Pres. ,En-Consultants,1329 N.Sea Rd. ,Southampton,NY 11968 283-6360 N)atxxs�c�u>�xH PROJECT SITE ADDRESS: Narrow River Rd. Between la d LOCATION OF PROJECT COUNTY TOWNICITYNILLACE UTM COORDINATES Orient Suffolk 1—DESCRIPTION OF PROJECTIFACILITY -Construct one family dwelling and se Septic system to be between house and road. Place 100 c. . fill system. All parts of house -to be a minimum of 75' from tidal wetlands, I GENERAL CONDITIONS By acceptance of this permit,the pertninee agrees that the permit is contingent upon strict cornpliance with the ECL, all applicable regulations and the conditions specified herein of attached hereto. T. The perminee shall file in the office of the appropriate regional permit administratof,or other office designated in the special conditions,a notice of intention to com work at least 48 hours in advance of the time of commencement and shall also notify himfher promptly in writing of the completion of the work. t .2. The permed work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspe the public interest so requires. 3. The perrne4 has accepted expressly,by the execution of the application,the full legal responsibility for all damages,direct or indirect of whatever nature,and by tuft 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, lion 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 protect is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are found;of b) the permit was obtained by misrepresentation or failure to disclose rekvent facts;Of c) newly discovered information or significant physical changes are discovered since the permit was issued. S. The permalee is responsible for keeping the permit active by submitting a renewal application•including any fomu,fees of supplemental information which may be r by the Department.no later than 30 days(180 days for SPOES or Solid or Hazarduous Waste Management permits)prior to the expiration date. 6. This peril shall not ba cormnied as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others in order to perfr permitted work or as authorizing the impairment of any rights,title or interest in real or personal property held w vested in a person not a party to the perm 7. The permrttee is responsible for obtaining any other permrs,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 Comm issued heretofore by the Deparment.or any of the terms,conditions,or requirements contained in such order of determination. 9. Any'modifica lion*of this permit granted by the Department must be in writing and attached hereto. SJ,*j81SSUANCE DATE M ms ADDRESS Bldg.40,SUNY,Rm.219 b Ch rles T Stony Brook NY 1 AU7HCXI2ED SI NATURE Page 'i us • rr•;n.Fal lnn ADDITIONAL GENERAL CONI ( NS FUR ARTICLES 15(Title SL 24, 2S, 34 and 36 t 10. That if future operations by the State of New York require an al- teratron in the positron of the structure or work herein authorized, l' 14 Any material dredged in the prosecution of the if, in the opinion of the Department of Environmental Conservation shall be removed evenly,�without leaving large refuse 4 it shall cause unreasonable obstruction to the tree navigation of said the bed of a waterway or Iloodplarn or deep holes tha�r waters or flood (lows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural of tendency to cause damage to navigable channels or to the a waterway. resources of the State,the owner may loss ordered by the Department to removes alter the structural work,obstructions,or hazards caused 15. If any material is to be deposited i dumped under this permit, thereby without expense to the State, and if, upon the expiration or in the waterway or on shore above high-water mark,it shall be de; or dumped at the locality shown on the drawing hereto attache. fill, excavation, or other modification of the watercourse hereby authorized shall not be c°rn. if so prescribed thereon, within or behind a good and subs revocation of this permit, the structure, pleted, the owners, shall, without expense to the State, and to such bulkhead bulkheads, such as will prevent escape of the m into the waatt erway extent and in such time and manner as the Department of Environmental ' 16. There shall be no unreasonable interference with navigation by IN Conservation may require,remove all or any portion of the uncompleted herein authorized. to its f structure or fill and restore ormer condition the navigable 17• If granted under Articles 24 or 25, and if upon the expiration and flood capacity of the watercourse.No claim shall be made against the State of New York on account o/any such removal or alteration. VOCation of this permit,modification of the wetland hereby authc 1.1. That the State of New York shall in no case be liable for any damage has not been completed, the applicant shall,without expense t or injury to the structure or work herein authorized which may be caused State, and to such extent and in such time end manner by or result from future operations undertaken by the State for the Department of Environmental Conservation may require,remove conservation or improvement of navigation,or for other purposes,and any portion of the uncompleted structure or fill and restore th- no claim or right to compensation shall accrue f to its former condition. No claim shall be made against the Sta rom any such damage• 12. That if the display of lights and signals on any work hereby authorized 18. New York on account of any such removal or alteration. Iftgranted under Article 36, this permit does not signify in any r is not otherwise provided for by law, such lights and signals as may be prescribed by the United States Coast Guard shall be installed and that the project will be free from flooding. maintained. 19• All activities authorized by this permit must be in strict conform. 13. All necessa with the approved plans submitted by the applicant or his agent as ry precautions shall be taken to preclude contamination of the permit application. of any wetland or waterway by suspended solids, sediments, fuels, solvents,lubricants,epoxy coatings,paints,concrete,leachate or any Such a other environmentally deleterious materials associated with the pproved plans were prepared by R Project. . VanTuyl latest rP..{G;,, SPECIAL CONDITIONS 1• I,n order to . protect the values of the adjacent wetlands there is to be no disturbance to Vegetation or topography beyond 25 ' from the the house, southerly side of supplementary Special Conditions (A) through (J) attached DEC PERMIT N UMBER Y0-86-0092 PROCRAMJfACILITY NUMBER N/A I ,,. �Pa 2 of 3 .0 M SUPPLEMaTTARY SPECIAL CONDITIONS - ,i The ollowing conditions apply.- to al l,perti ts:. : ,., . A. ;f any of the permit conditions- are unclear,. the permittee shall contact >> the.Divisiop ofiRegulatory;'Affairs at the •address and telephone noted below. B. '.A copy o.f •this permit or. approval rand supplementary conditions shall be available at the project site whgnever:authorized work is in progress. I C. The perm�t:...sign..enclosed with the permit or a copy of letter of approval shall.,be.protected from the weather and posted in a conspicinus location at,.the work,site' . until complletion of authorized work. D. ' A t'least 48 hours prior, to. commencemen.t of .th�lproject, the permittee shall .:�pomplete 'and return the top portion of the_,encloOed receipt form certifying that he..-is fully 'aware of: and understands all provisions and conditions of this permit. , Within one 'week• of completion of the permitted work, the bottom portion of that form shall also be completed and returned. E. For proj ects'. involving- activities to be accomplished over a period or more than one Sear, 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 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 Envi.ro=ental Conservation Law. I. The permittee is advised to obtain any permits or approvals that may be Army required from the U.S. Department of py Corps of Engineers, NY District, 26 Federal Plaza, 'Pert, York, h-Y 10278, (Attention: Regulatory Functions Branch), prior to commencement of work, authorized herein. J. The granting of this per-._..it 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- Conservation Bldg. 40, SUNT—Room 219 Stony Brook, N 11794 (516) 751-7900 DEC 0 10-86-0092 Page 3 of 3 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ....�....,.a....�r. TO THE Z N I NG6B �, R OF APPEALS, TOWN OF SOUTHOLD N. Y. 1,. (We) .... ..Q: .. >.. 2..�5:...... of .. ..lU.. ) .. .......................... .... .. . ... Name of Appellant Street an Number ..1... . G.�......:....................... ........................... ......... .. . ....HEREBY APPEAL TO Municipalitty State THE ZONING BOARD OF"APPEALS FROM THE DECISION OF THE BUILDING I SPECTOR ON APPLICATION FOR PERMIT NO. ..........................:......... DATED .........1. .r .6 .... ................... WHEREBY THE BUILDING INSPECTOR DENIED .T ................................................ .. . ... . ...... ..... /, Ngrr \ Appli ant for p it ; r of ................. ..... ... ....................... .............. Street and Number ` Municipality State ( ) PERMIT TO USE ( ) : PERMIT FOR.00CUPANCY LO ATION OF TH P OPERT�.. 0. .X4Zo ` ' Y. ....... Street %Hamlet % Use District on Zoning Map District. 1000 Sect 1onQa -Bloc k� Loll?S .........................................:....:.Current Owner Map No. . Lot No. Prior .Owner 4 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 �. 14 E T2i240 en 51le Le ►�� rr 4 9 3. TYPE OF APPEAL Appeal. is made herewith for (p 1 ease check appropriate box) (. ) .'A-VARIANCE'to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Towne Low Chap. 62 Cons. Laws Art. 16 Sec.r280A Subsection 3 n �} iv��e to -},o� a� �r��\ ^ ��hs ��� �e Ynn�►,�.�»... i.�.� � Q►���/ 4. PREVIOUS APPEALrevious appeal (has) (has not) been .made with espect t� this decision �--# of the Building Inspector.or,with respect to this property. O-•nAE+�"Q o,� Such appeal was ( ) request for a special permit 7 cQa,�r� �p�j7/� 7 �` n ( ) request for a variance C.�^ p�,11e �,,�; ���UUSe ��� 4��� and was made in Appeal No. ....................... Dated a a�w\a...�� ��5�£.t Yesw,.4r ev1c\oSr�Q REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to. the Zoning Ordinance is requested for the reason that (�'^ Z-9 /+� \C'4'L-Cldd/ �7C�h PF� LK\w\\Yp� �0 L \ 1 Form zsi (Co nue on thef side) REASON FOR APPEAL Continued. 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficultie.�+o�hneces- sory HARDSHIP because ^1 �{�.� g A �v�s �—� i� 2.8-Pr . \tee �l 2. The hardship created is UNIQUE and is not. shared by all ' rope ties alike in the immediate vicinity of this pro erty and in this use district because Q ,`yam vVvj�5S4b� 1U5� v-�' 4-Yn>S a2Ss , s N n 11 `sdsc �n� ��5 ,-'v-cl 3. TI'r� Variance woul observe the. spirit of to Ordinance and .WOULD NOT CHA E THE CHARACTER OF THE DISTRICT because ' r STATE OF NEW YORK ) ss .... COUNTY OF -S�[ � o.(K Signature ...... Swornto this ................ ........................... day of................ "..4�..............................,... 19 ` OV PUBLIC, K.GE VOE ................................ ....... �- NOTARY PUBLIC,Fate cT New York No.4707878,Suirnik County q Notary Public Term Expires M31ch 30,1,9 / BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of 7/0 n KPr-As NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: ,� , ? -( J PROPERTY OWNER ') &J j-2 YOU ARE HEREBY GIVEN NOTICE: 1. That ' intention of the undersigned to petiti 'B and of Appeals of the Town of Southold t/�,request a aria ce Special Exception) (Special Permit) Ot [c 'r le Choi e] ® !' G`, vv�G1l \v� !!L V �.v r ,vac -� 2. That the property which the subject of t e Petition is local adjacent to your propertY11and is des- cribed as follows: S 6 v �? "` 3 J 3. That the property which is the subject of such Petition is located in the following zoning district: R 4. That by uc Petition, the undersigned will re uest the f. Ilowi relief: 4,A P `�Yl) lS1�f ho �V1 S (•1.y10, w tr, fah r u, ®✓�e �.S ..� �us,:� { Ut �,5. That the provisions of the Southold Town Zoning Code applicable to the relief sougy the under- signed are Article Section I I j. 2 [ ] 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: Gf c.VL Petitioner Owners ' Names : 13 Ov.- �' Post Office Address-- � [Copy of sketch or plan showing proposal to be attached for convenience / purposes . ] 4 • PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: residing at }V(n �C 9 4. being duly sworn, deposes and ys that on the day of 119 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-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 a en r I of the Town of Southold; that said Notices were mailed at the United States Post Of- v ; that said Notices were mailed to each of said persons by (certifie ) (registered) mail. Sworn to before me this day of ���-- , 19 HELEN K DE VOE NOTARY PUBLIC,State of New York No.4707373.Suffolh County Notary Public Term Expires March 30,19Z7 (This side does not have' to be completed on form transmitted to adjoining property .owners.. ) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of y® ty c r1 S NOTICE • TO to the Board of Appeals of the Town of Southold ADJACENT Q1a_kA0d,.i.6Q PROPERTY OWNER TO: �1Q Div Vb LU lamer ' C,/Y ct✓..� fu� � I� 5 � i YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petitio and of Appeals of the Town of Southold to request a (Varianc ) (S ecial Exception) ecial Permit O_t . [cir le choi ] ke © Y' q, \ ✓bl�,_ -JQ_-� CAS �a�✓��v� C' Co�nS L `'� wa �' 2. That the property which is the subject of the Petition is localld adjacent to your property and is des- cribed as follows: 57,3 C] .� ..� �u=�' 4>_ . a c) 3. Tha�he pre gpert which is the subject of such Petition is located in the following zoning district: CS i c�ty� n C 4 That by uch Petition, th undersigned will request th following relief: , /� S 2 uve�1a.,,�Y> V1 N Grp ` S S 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 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) 7t?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: AAps Petitioner Owners ' Names • Post Office Addres Tel . No . / [Copy of sketch ,or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS r 6 t STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: C � residing at being duly sworn, deposes and sa3ts that on the /A day of , 19 �, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-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 curre a ent II of the Town of Southold; that said Notices were mailed at the United States Post.Of- that said Notices were mailed to each of said persons by (certifie registered) mail. Sworn to before me this P6 day of �L— , 19 HELEPUBLIC It at V f ¢ d-e-- PdOTARY PUBLlC,State at New York No.4707878,Suffolk County Notary Public Term Expires&ch 30,1E :Z- (Th.is 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 OF DISAPPROVAL File No. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . Date; (z) -aAa.kA-. . . . . . .. 19 To . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your applicatio a ted . . . . . . . . .. jq .u. for pemiit to construct . . .0L. . 01m.-P, W4� at . . . . . . . . . . Location of Property . . . :(. . . . . . .N . House No. Street Hamlet County Tax Map No. 1000 Section . . . . . . Block . . . . .P. J- . . . . . Lot Subdivision . . . . . . . . . . . . . . . ... Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds A-4) �.. �, -tb . . . . .. . . . . . . . . . . . . . . . . . .... . . . . . . . . . . I . . . . . ... . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . Building Inspector RV 1/CO SHORT E11V1Ro1NMF11TA1• A::: a IIISTRUCTIONSt (a) In order to ansvtor the quostion:t its thin :short EAV in is a3surr.,3d that the Maly will use currently available infortn•ttion concoz'rtiny, the project and the likely impacts of the action. It is 'not*.uxPlcted that aclditic,11,,1 atrtdioc, roccarch or other investigations will be undortalcon. (b) If any question has boon answorod Yl::t Lho project r:ny �.o nignificant and a ecrploted Environmental Assessment Form in necessaz-y. (c) If all questions have been answered No it is likely thnt thi:t pro•jr:ct Ss Dot significant• (d) £nvironnentnl Annnnsment 1. Will project result in a largo J)hy:zical chango to the project site or physically niter more than 10 acres of land? • • Yl;; 11.0 2. Will 'there be a major chnngo to airy unique or unu:tuul land form found on the situ? YU:t �! No 3. Will project altor ,or have a large uffnet on an existing body of water? N 4. Will project have a potontially largu impacu on . groundwater quality? . . Y( :t 11c �_J 5. Will project significantly. offoct drafnago flcw on adjacent cites? . . . . . . . . Y + , 110 .,_ •! 6• Will project affect any thi-ontonod or endun;/erod ;J 'r c,i P.: —plant or ani-nual species'? , . - . 'ic:•, ?� 110 f - n 7• Will pro ect result in it cra,jor udvurtin offoct on air quality? _ :r:, ►10 d• Will project have 'a major effect c.n visual cltccr'•- == actor of the co=unity or scenic Views or vlatul: =t =c known to be ym ortant to tho cot—mun1L• 't v v) P 7 9• Will project advorsoly impact any nito or• atrucrr• taro of-- hLitoric' pro--historic, or paluontologicul importance or any site designated a., it critical onviroamcntal aroa by a local aguncy? . Yua No 10. Will project have a major offoct on exioting or future recreational opportunition't - Ycs X t10 �11. Will projoct.rooult' in major traffic problernn or cause a major affect-,to existing; tran:tpor'tation X SySLetzs? • • • • • • ,• • • • • • y� No 12. Will project regularly catzoo ob.ler.tionable odorr., noise, glare,, vibration, or electrical -clinLur1,•• X - anc.e as a result of the project'u cperatioa? Y":; 110 13. Will project have any impact on jtubl.ic lieulth or U. Will..pro,joct dffect tho oxiating c•onununity b7 directly causing; a Cl"U%rttt in Perrt-cnenc l;c;lniln—.. Lion of mores than 5 liur•cent ovut• (t e•ne•-yew• p(!riod, or )rave a rn.l,jor nt•r;uti:e affect u,t tt.e character of Lhu cormtunity ;r nei,,li►:,tt bred'' . _ Yr ; X 110 15. Au. thcrc ubl'c coiitrovu •rty co r.t'iraii,; �hfj 1,2;0J1!rt '' PREPxRER'.S SIC;P,1T.�'R� rITLF: QV.i P.S?RrSENTINC: r�2 42.0 Litt - QL.S � vt11 16p b U \ 1 5 k vL C' t.; �S V kC J . - 0 t•� :K CY1ti i QUESTIONNAIRE TO BE COiMPLETED AND SUBMITTED 14ITH YOUR APPLICATION FORi•1S 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. 1 . Are there any proposals to change or alter land contours ? Y e s NG 2 . aj 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 No *b) Are there any areas open to a waterway without bulkhead ? es N, 3. Are there existing structures at or below ground level , such as patios, foundations , etc? - Yes G> 4. Are there any existing or proposed .fences, concrete barriers , decks , etc? Yes Q 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 R 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 No 7 . Are there other premises under your ownership abutting - this parcel ? ' If .yes , please submit copy of deed. Yes (ZN:� 8. Are there any building permits pending on this parcel (or abutting land under your ownership , - if any) ? Yes N 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 . ) : Plan ' ng . Board Yes N Town card - Yes Totrn ru-stees �i�iS��r'? % 5,56��'D yo Yes N IPS1k7-County Health Department. Yes N�, Village' of Greenpport Yes 0 N . Y . S . D . E. C. 9/-N1$_G M1T N1 t� ••a�,-bOQ2Yes =7Vo 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 11 . Is new construction proposed in the . area of contours at 5 feet or less as . exists? es N6 12 . If new co' -Moog,*. proposed in an area within - 75 feet of wetland grasses , or land area at an eleva- tion of five feet or less above mean sea leve 1, have you made application to the Tot-in Trustees for an inspection for - possible waiver or permit unde � Yes N� the requirements of Ch . 97 of the Town Code ? vw��} Va 13 . Please list present use or operations coryduftcte�Ira pony the�� subject property at this tile and proposed %e,r t r.&�Asia � *Please submit photographs for tfie eccrd . I certify that the above statements are true and are -being submitted for fiance by B rd o Appeals in considering my: application . Sign cur Property U;rner ) Authorized Agent 3/87 lk § 97-13 WETLANDS § 97-13 TOWN — The Town of Southold. '-i TRUSTEES —. The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6.19841 WETLANDS [Amended 8-26-76 by L.L. No. 2-I976; 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 tidi., are covered by tidal watcr4 to a maximum depth of five (5) feet, includinK 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 ; rnws or may grow some or any.of tl)e followin : salt hay, bl;'c•lc ( grass, saltworts, sea'lavender, tall coral rass, hi��h bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection %(2) and lying within seven- ty-five (75) feet landward of the mc,vt.,.lan lwal-d edge of such a tidal wetland. B. FRESHWATER WETLANDS: - (1) "Freshwater wedands" as defined in Article 2.1, Ti- tle 1, § 2.1-0107, Subdivisions' 1(a) to 1(d) inclusive, of the Environment:cl Conservation Law of the State of New York; and (2) All land immediately adjacent to a"freshu;iter we.t- land,"as deflnCd in 5U1)seet)on I3(1)and lying with, in seventy-five (75) feet la)idward of the most land- ward edge of a"freshwater wetland." 9703 c , `£ t 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 JOSEPH 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 . 3687 - Jon C. Kerbs (Variance ) Dear Mr . Pauzer: We presently have an application pending in which the property own-e.r proposes to locate a new dwelling structure with an insufficient setback from wetland areas . The subject premises is located along the east side- of Narrow _ RiverRoad and along the easterly portion of Hallocks Bay , Orient , - New York , and the survey of the proposed construc- tion depicts the "building envelope" and the proposed " house envelope " at more than 75 feet from the ordinary . highwater mark. The house is proposed on open pilings . 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 the 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 i Lr) 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 JQSEPH H.,sawlcKl November 16 , 1987 Mr. Jon C. Kerbs P .O . Box 525 Greenport , NY 11944 Re : Appeal No. 3687 (Variance ) Dear Mr: Kerbs : This letter will acknowledge receipt of your recent applica- tion . The . Members of the Board of Appeals will be conducting field inspections and environme.ntal reviews as may be required by State and Local Laws prior to their scheduling your application for public hearing .. . Althoug,h the earliest available date for public hearing at thi s time is on or about mid-December , written confirmation wi l 1 be sent to you within the next couple of weeks . A copy of the legal notice of hearings will be sent to you prior to publication in the Suffolk Times and L . I . Traveler-Watchman by our office . Please feel free to call if you have any questions . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN By Linda Kowalski P . S . At your convenience , please furnish copies of the current deed and/or any other legal document conveying the premises from the previous owner (s ) to you. HENRY P. SMITH, President TELEPHONE JOHN M. BREDEMEYER, Vice-Pres. C=U'jT (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 June 30, 1987 Mr. Jon C. Kerbs P. 0. Box 525 Greenport, New York 11944 Re: Koke/Kerbs Wetland Application No. 373 Dear Mr. Kerbs: The following action was taken by the Board of Town Trustees during their regular meeting held on June 25, 1987 regarding the above captioned matter. RESOLVED that the Southold Town Trustees ACCEPT the report�p,�gpaFed^..by . Trustee John M. Bredemeyer, III regarding the We.tland ;;Ap:paca.tion .No ::3:73 submitted by Alexander Koke/Jon"Kerbs, 'and BE IT FURTHER RESOLVED that said report become part of the record. (see attached) Very truly yours, .Henry.. Smith, President Board of Town Trustees HPS:ip cc: Robert A. Greene, D.E.C. , Stony Brook Commissioner Henry G. Williams, D.E.C. , Albany Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservation Advisory Council Bldg. Dept. Board of Appeals File 1 "I -LOCATION GRID: 20' on Each side r • _:; ,. . •- a.�,:�• �-�--s-_ _.:_:_ _.- __. ,_ _- -=ram:-----,, -,--� ,,.: ->. _ ..,. . . W: Prepared by: JOHN BREDEMEYER, B.S. , Sou_ old Town Trust'e ;J� June 15, 1987 ` v. El o \ ,1 C ,. hjr b �' `}' ,.� -n. •Via. �' �` IN I poi•� '�� (''. ftCi rJli.f_l_c:V' � 'y-^r''�v""4�'�AVT^��f'�.Y•-r--v 7T _ u l) 1.---� r�"jr'---•t's7�rc�r-•�-r•:-. 6.3 0.l _- .. 0e0UND wATt=Sr—i 2.0 ----- -..- -- -.�--0.0 TCLEDYI-�E PpST N6117o WETLAND-AREA REPORT Date 6-15-87 Location Kerbs/Koke F, GENUS SPECIES LOCATION AND .COMMENTS PERCENT DISTRIBUTION BUILDING ENVELOPE Agrostis, alba 0% (bentgrass) Ammoohila brevili ulata �► (dune grass Arctostaph los Uva-ursi } bear berry) - Arenaria peploides n sea beach - sandwort) Artemisia caudata " wormwood) A. stelleriana „ Tausty Miller) Aster tenuifolius If salt marsh aster) Atriplex arenaria " se:a beach orach) Transition-Species . A_ a� tula (orach) 2c,2d,3c,4b,5a,5b,5c, 5d .,10% ransitiontSpecies. Baccharis halimifolia 3b,4a,4c,4d,.5a,5b 5% (groundsel bush Cakile edentula 07 sea rocke— tT— Chenopodium rubrum coast blite) C nerus erythrorhizos (sedge) C. ferru inescens " -Fs ed e C- filicinus (sedge) Distichlis snicata " (spike rass) Eleocharis spo. (scike rush Elvmus virginicus if . (seaside uaild rve) Eurhorbia oolvaonifclia seaside snurae) " Gerardia maritima " f \� 1 PERCENT DISTRIBUTIO: v LOCATION. ON BUILDING ENVELOP'`f_ r. GEMS SPECIES - Glaux maritima 0% Sea milkwort) Hibiscus palustris n (marsh mallow) Hudsonia tomentosa - overt rass Iva frutescens (marsh elder) J. Gerardi (b_1 aZ—kg rass) J. Greenei (rush) Junioerus virginiana n (red cedar) " Lathyrus janonicus ' (beach ea) Lechea maritima " (— inweed) Limonium carolinianum " sea lavender) Myrica pensylvanica n (bayberry) Panic=. virgatirn switch grass) ' Transition Zone, Disturbed soil F.W. • Phraamites ccmmunis Wetlands:1d,2d;3 ;4d, (only grid W,>50% <10% (reed) coverage in grid Plantago -juncoides . . (early seasideplantain) . Plantago oliganthos (late seasideplantain) ' •Pluchea purpurascens salt marsh fleabane) Polygonella articulata (joint weed) Polvcronum glaucum sea beach knotweed) Potentilla anserina silverweed) Prunus maritima (beach alum) Quercus ilicifolia " scrub oak) . Rhus conallina . Also roadside &.upland spedies <.5% (dwarf sumac) R. lg abra Also roadside & upland species <.5% (smooth sumac) Also roaasiae & uplana species4% 'R. radicans.' 5b,6b j (ooiso' r.iv—) - 3 PERCENT DISTRIBUTION / ' s rGENUS SPECIES LOCATION. - ON BUILDING ENVELOPE R. vernix 0� poison-. sumac) Rosa rugosa " salt s ra rose) R. virginiana (slender „ leaved salt spray rose) Salicornia bigelovi " • dwarf lasswort) S. euronaea „ blender lasswort) S. virainica -Twooa lasswort) Salsola kali common saltwort) Scirpus americanus (common threes uare) S. atrovirens „ wed e S. cyperinus " wed e) •;�'... S. maritimus „ Tsalt-marsh bulrush) S. torreyi - -FOlR-e—y threesquare) DUNE & ROADSIDE , Solidaao semvervirens SCATTERED `.5% (seaside aoldenrod) WWLAND Solidaco tenuifolia SCATTERED CENTER OF GRID.*.' 20% •�Ierde leaved oldeiirod) Soartina alterniflora . 0% salt marshgrass) S. patens malt meadowgrass) S. pectinata (fresh- water cord slou h rass) Sner ularia marina " - sand spurt Spirea ':albs (meado%4 sweet) '.:. . .. Sueda maritima ,� ` • _ . Ts—ea lte S. linearis Tsea late Typha angustifolia n - . (narrow-leaved cattail) T. 1'atifolia (cattail) Xanthium echinatum ,r sea urda-ERT - I j . WETLAND SURVEY.:. 6/L5/87 Prepared by:- :,John Bredemeyer, $otY�od wn\Trustees - SHADED AREA CONTAINS: 307. "AT.. or greater coverage - }f Hish Yarsh Transition Zone VI�lant S ecies O Q lL� �(\. u�,IE�J r with 'no intertidal- or ac atic � bo. �• species. f <V �� �� ------ -- cv° `y ° g,Xq. 7.X9. . Az AR EA bc �A REVI SED JAN: 14) 198j� NUE "PEE_MISE iN-1;=L000 ZONE ..ESE-VATlGN5:REFE T MEAN :S.rr:A LEVEL [;V1PJivf Ff20M lJFF. ..c;.C7: U.RW- �Et<:IT L.. '�lU;''VE`f; _•___ • .._. t GUAPANTEEL7 TGCRCAGl WETLAND SURVEY: 6-15-87 y ��_...L._. Jt PREPARED BY: John Bredemeyer, .B. Sputh old ;ToB 3Trustees " Shaded Area contains 50% or granter s ' q ' s _.."A'1'. . coverage by High Marsi�-Tran , io Zone VI Plant Specie with o (L o 1�.. �� �r�.� T intertidal or aqu It is spec es. -OF SOUTHOLG NY v01' � �U 7.x9 0. ` R ' icle \ r g� jCAl_. Ila ......... Olt-- 12EVISED JAN. I4; I9S_�,;1 F40TES P2EMISES IN R-000 ZONE .A-`?'.(El .ELEVAT.ION'' 2EFE-' T 'MEAN 'S.A LEVEL CWTUM FI:AM F. .-CO. u.RW Aft Af '��.1;''VE,f: "-°ram--�I UAQAN-rFE0 TDCHIC v SPECIES DISTRIBUTION: PHRAGMITES CO luNIS .-(:'•common reed") APPROX. 10% coverage, of envelc'pe existis in.shaded areal.107 3 _ Prepared by John Bredp'jn6yer, .S. ; ! o Southold Town Trust �� , J 6-15-87 n0� �1 r 5OUTHOLD NY v0 . <� / p CA l )) ACC EA 08 V� � ,H� 0•:f-!ZC IZEVI5ED JAN: i NOT— :P2EM(SE S IN FLOOD ZONE A--7'LEI--, (C i ,•ELEVA 1 N5:12�FEE. T6-1: EAN'S.C—A LEVE'L DA* rim F(=0M-.'LJFF. •.�.o: U.Q.w AEs<:(rc.. SU 12VEY. ----- Z—�: _ _ •-�c Af2ANTEEU�' TfJ CRC v^ SPECIES DISTRIBUTION: ' J ATRIPLEX PATULQ it Goosefool" Approx. 10% coverage-.of.--envel•op ` exists in shaded area '10% �O? S� Prepared by John Beme.rAye B.S. �" • �� `r�- �` u �J r Southold Town Trus�C ee �L� ` 60 �' ��'• U%A/W OF 50UTHOLD NY 6-15-87 �C> 4, AR EA REVI SED JAN:_I , 198�i NOTES: :PfZE_MISE its FLOOD ZONE .A-`? EC.E ATION'= :I2EFEt? 7U . EAN :S.>~A LEVEL CIA-MiX F"r�AM 'aUt~F. Co: U.w.wG:t::If-iC.. G>t +)GYC,f; �wCST;Et.�ocZ.`►o'.e z :JAQ,ANTEE 0 TG CHICAG' SPECIES DISTRIBUTION: BACCHARIS HALIM.IFOLIA "ground!�el" Approx. 5% coverage of envelope exist's•;iri Shaded area AT . Prepared by John Br edemeye B.S. O� �- u�:l r Southold Town Trustees Q, Zoo � �. 6-15-87 � - �` 'L., i U`-A/N-OF 5OUTHOLD N`r 0 o. ' A 40 -T.X9 ck- - AREA � G��,,�� 12EYI SCD JAN: 14, 198�1 NOTES P2EM t SE IN_F=(_OOC� zo E q_`� (E!�, 10 ; ELE ATlC7NS:12EFEl� 7U:"ME=A1�l: A LEVEL EIA-MM Fr:A M.'1J FF. . C., E k.1;Vc G:JaPAr.r'fEEL7 TGCHICAGU - 3 TRANSITION SPECIES COVERAGE: PHRAGMITES COMMUNTS' BACCAHARIS HALIMIFOLIA ' -- ATRIPLEX PATULA '; �q S _-. AT. '- PREPARED BY John Bredemeye B.S. Southold Town Trustee Or �~ 01 S\ �� 02JEN T 6-15-87 -OF :OUTHOLD NY i N0 <;. , ;:$ : O?' S16 t 4il—k- ,� rr rx_ AQ EA UT ` . o t oi,¢. �LO,. N REV15GD JAN: 14, 198j�, I; :.NQTE5e:P2EMISE� ihd l;=�OOC� ZOW .q-`�'.(E!_, (� ; - ELEVATIONS:2EF.E2.' TQ:'MEAN :S.t-A LEVEL CIA-Mini F"(20 M *El JFF. >wesr I.UCZ. io_o _ : ;J'�(1ANTEED TU CHICAGv_ r Shaded Area Greater than 90% Cove abe by y / 1-1L_�,,_, J� r 1� uplandplant. ecies p p (all specie ) 3 cross hatch area greater than 7 S ,- coverage by Transiti6n Zone V . Species'. �q _.. AT. Prepared by: -John Bredeme er, B.. � :�� I �r`' V�Z:! (�j r Southold Town Trustees r � ° 6-15-87 --- -- ' - x y e � *` O �l,.yc� AREA UT 12EyVISED JAW, 14, 14)p NOTES"POEM I SES IN FLOOD ZONE .A-?'.-(E!_ EfrE. AT)ON :I2EFE2_ M'MEAN SEA LEVE'L C;aPJIM Ff 20 M •U FF. . E f<:1!`-,C, Fez~io.a - GUAt�ANTEEO 1�7 CHICAw a ' off•• i I ,i' 1\ \' :11 ,'.\ CF\ 01 4�g �l \, ..\�.• ,\ 1\111 \t. ..\ .\ _ -. /�� S ice' V - 0/' •• `. �' L•'" rA''' 1 it`.•, U. Trars-s ' IDA 76nea } �Ci� V w i �_ _+�_ Imo____—i_..•�_.._r.—�_J•C �1�'`� -,_�) 1,,� �.:- \�i C���.i.i i•.• Is,Zl b 5.6 ;.5' -- - - ----- - '-- --i 2.0 .. ��;C0�1ND wA7f✓f� TFLFDYNf i'OST n.bi77o HENRY P. SMITH, President �t ;t TELEPHONE JOHN M. BREDEMEYER, Vice-Pres. o # 4 , PHILLIP J. GOUBEAUD "x � (516) 765-1892 �. R.,. 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 July 1, 1987 David Harris, M.D. , M.P.H. Commissioner County of Suffolk Department of Health Services County Center Riverhead, New York 11901 Re:. Koke/Kerbs Wetland Application No. 373 Dear Dr. Harris: Please find enclosed a copy of.:.the above referenced application with a copy of the survey and determination rendered by the Board of Town Trustees during their meeting held on June 25, 1987. The Town Trustees request that your good office, give_,duer c,ons!ider.a.tionr-- -= to the coliform generation coward Hallocks Bay, `with any technically advanced �.� or new sanitary system be constructed if it is deems necessary for this project" .. Should you have any questions or concerns, please do not hesitate to contact this office at the telephone number listed above. Very truly yours, Henry P. Sifiith, President Board of Town Trustees HPS:ip Attachments cc: Trustees file z y HENRY P. SMITH, President TELEPHONE JOHN.M. BREDEMEYER, Vice-Pres. rZ (516) 765-1892 PHILLIP J. GOUBEAUDALBERT . �y ELLEN MK JR. . - LARSEN � -- - Oy�Ol �� _ _ _ _ _ _ - - BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 June 30, 1987 Mr. Jon C. Kerbs P. 0. Box 525 Greenport, New York 11944 Re: Koke/Kerbs Wetland Application No. 373 Dear Mr. Kerbs: The following action was taken by the Board of Town Trustees during their regular meeting,held on June 25, 1987 regarding the above referenced application: WHEREAS, Alexander Koke/Jon Kerbs applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated March 1, 1986, 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 August 28, 1986 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 Alexander Koke/Jon Kerbs BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Construct a one family house, driveway, sanitary system and well and to fill with approximately 100 cu. yds. of fill to raise the grade. Property is located on Narrow River Road, Orient. Approval is subject to the following: All construction being kept within the Building envelope of the survey provided. The house is to be constructed on open pilings as discussed on field survey with the applicant, and subject to the approval of the Suffolk County Department of Health Services. A communication is to be forwarded to them requesting that they give due consideration. to the coliform generation toward Hallocks Bay with any technically advanced or new sanitary system y ® Board of Trustees Alexander Koke/Jon Kerbs - approval - page 2. be constructed if it is deemed necessary. This permit will expire on June 25, 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 $10.00 Wetland Inspection fee is due at this time. PLEASE RETURN TO THE BUILDING DEPT. FOR A DETERMINATION ON THE NEED OF ANY OTHER TOWN PERMITS THAT MAY BE REQUIRED FOR THIS PROJECT. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS:ip cc: Robert A. Greene, D.E.C. , Stony Brook Commissioner Henry G. Williams, D.E.C., Albany Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservation Advisory Council Bldg. Dept. Board of Appeals File w � Board of Trustees Alexander Koke/Jon Kerbs (Addendum) The following conditions apply to this permit: 1. All necessary precautions shall be taken to preclude contamination of any wetlands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coating, paints, concrete, leachate or any other . environmentally deleterious materials associated with the project work. 2. All fill and spoil. material shall be suitably contained at the work site so as to prevent its eroding, leaching or otherwise entering •into the adjacent wetlands and waterways. v .. t R TOWN OF SOUTHOLD BOARD OF'SOUTHOLD. TOWN TRUSTEES SOUTHOLD, NEW YORK WETLANDS PERMIT This Wetlands Permit No. .... 08.......... has been granted by the. Town Trustees according to information furnished in Application No. 373.............. filed by Applicant .Alexander,,KQkg/ PU..Ke�xbs .................................:::...: on .March„1 ............. 19 8.6_,___ A map of the proposed work will be kept on file in the Trustee Office under the application number given. Permit granted to do the following'work .To,.construct,a one,,family.house,:„porou$„dX�xsWaxe sanitary system, well, etc. and to fill with 100 cu. yds. of fill to be tx}}ee�(„jn ................................... ................................................................... .......... .... \ House and deck will not exceed the building enveloped as proposed sate„p.J,an. ..................................................................................... .............. .......... .... . . Location of property on which work to be done .......arrow,River„1tgdox�.anz:.::........................... ................................................................................................................................................................. ...............................:................................................................................................................................. Creek, Bay or Harbor fronting property ....,,Hallock's Bay,,,,,,,,,,,,,,,,,,,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;,,, ................................................................................................................................................................. of work: Length ....---------------------- Size ............ ---------------------- Width ............................................................................................................................. HeightAbove High Water .........................................................................................:... DepthBelow Low Water ................................................................................................. Yards to be Excavated --------------------------........................................................................:...................... ...... Yardsto be Filled ......100, cu...yds.:.....................................................:...................... Mannerin which material is to be removed or deposited .......................................................................... ................................................................................................................................................................. Intended use of property ........Residential ................................................................................................................. ................................................................................................................................................................. Conditions if any .1......A1.1,construction..is to be kept..inside.of the build ,iig„� ,y��q��, .................. .................... ..of the survey pro videddated August25, 1.986. House is to be;rn . .. .... ...... . . . . .... .,.... ........ .... ............ .. .. .. . ^. ?I.�;s pilings and subject to the approval of the S.C. Dept. of Health Services. Expiration Date ,,,June.25.,..1989„if„work„has„not„cp a eed„by,,,saf d.cLa te........................... Number?! Inspections Required ,Z..................Trustees,.are to be notified upon,thg„�Q�p,Igt;LgjI„gf„Xhe ........ .... .... ......... ... prof ec Inspection Fees . ....$10........00......................................................................................................................... Liability Policies in the Amount of ---------------------------------- .The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations here- under until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Trustees upon receipt by the Trustees• of written notice from such other governmental or municipal authorities of its refusal or disapproval. f -+ The applicant does by the acceptance of this permit, assume all responsibility for operations under- taken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the applicant also agrees to indemni- fy and save harmless the Town, and its officers, agents and employees from any and all claims arising from operations under this permit and any and. all acts or omissions of applicant, his agent and employees. The applicant and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and its officers and employees to enter upon the premises where such operations are being conducted to make such inspections as the Town may deem necessary to insure that such operations are being con- ducted in conformity with this permit. This operation will not substantially: A. Adversely affect the wetlands of the town. B. Cause damage from erosion, turbidity or siltation. C. Cause saltwater intrusion into the fresh water resources of the town. D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege- tation or the natural habitat thereof. E. Increase the danger of flood and storm-tide damage. F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town. G. Change the course of any channel or the natural movement or flow of any waters. H. Weaken or undermine the lateral support of other lands in the vicinity. I. Otherwise adversely affect the health, safety and general welfare of the people of the town. Signed �Presi ent x Board of Southold Town Trustees Date...... ... .. .C�.�r...1/.. ................... ,I y So.�`�.c1�cQ �� • 1\ q� 1 a-V- O1 w e 2z. 1� a vt �! o Y \U., 1co Cess S \1A a- Wok 1G� V�.S G-C SS � cA WIL� �cC.4.� �` � a,. Ca v Mae- 0 Sk\VL 741 S �G �G► � 6���Gil.r1'7��l C1�� '. v V- 41 SL 5' 535�