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3546
Southold TowIn Board of Appeals � MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 sit TELEPHONE (516) 765 1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3546 Application Dated August 13 , 1986 TO: Marie Ongioni , Esq. [Appellant (s) ] as Attorney for MR . GREGORY FOLLARI 218 Front Street Greenport , NY 11944 At a Meeting of the Zoning Board of Appeals held on June 18 , 1987 , the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section j ] Request for Variance to the Zoning Ordinance Article , Section [ X] Request for Appeal to Re-Grade Area Within 100 Feet of Sound Bluff, at Variance from Condition #2 of Appeal No . 3502 Rendered July 31 , 1986 Application of GREGORY FOLLARI for a Variance from prior Appeal. No . 3507 rendered July 31 , 1986 to permit the regrading of area within 50 feet .of the top of the existing bank/bluff along the Long Island Sound in accordance with N . Y . S . Department of Environmental Conservation Permit #10-86-1233 issued March 10 , 1987 . Location of Property : North Side of Sound Drive , Greenport , "Map of Section Four - Eastern Shores" Lot No . 117 , Map No . 4586 ; County Tax Map Parcel No . 1000-33-1 -15 . WHEREAS , a public hearing was held , and concluded , on April 23 , 1987—in the Matter of the Application of GREGORY FOLLARI under Appeal No . 3546 ; and WHEREAS , at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS , the Board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the Board Members have personally viewed and are familiar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , the Board made the following findings of fact : 1 . By this application , appellant seeks relief from . . Condition No . 2 to regrade a 50 ' by 100 ' area at the top of the bluff area along the Long Island Sound as restricted by this Board ' s action under Appeal No . 3507 rendered July 31 , 1986 . ; 2 . The premises in question is located along the north side of Sound Drive , Greenport , is identified on the Suffolk County Tax Maps as District 1000 , Section 33 , Block 1 , Lot 15 , and is more particularly referred to as Lot 117 , "Map of Section Four - Eastern Shores , " filed in the Suffolk County Clerk ' s Office as Map No . 4586 . (CONTINUED ON PAGE TWO ) DATED:' June 18 , 1987 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD _ OF APPEALS Form ZB4 (rev. 12/81) I Page 2 - Appeal No . 3546 Matter of GREGORY FOLLARI Decision Re.nde.red June 18 , 1987 3. The subject premises has previously been vacant and is presently improved with a single-family...dwelling , constructed under Building Permit #15255Z issued September . 10 , 1986 , and pending at this time . 4. The subject premises consists of a total area of 32 ,007 sq . ft. , lot width of 100 feet , and lot depth of 322 . 7± feet . The shortest distance from the southerly property line along Sound Drive to the top of the bank/bluff area , as scaled on the April 1 , 1981 survey prepared by Roderick Van- Tuy_l , P. C . is shown to be 195± feet. 5 . . By prior action of this Board , appellant was granted permission to locate a new -single-family dwelling with a setback at its closest point from the edge of the top of the bluff/bank at 65 feet. Article XI , Section 100-119. 2 , subparagraph A(1 ) requires all buildings proposed on lots adjacent to the Long Island Sound to be set back not less than one-hundred (100 ) feet from the top of the bluff or bank. 6 . Condition #2 of the Board ' s prior action stipulated as follows : " . . . 2 . There shall be no disturbance of land area within 50 feet of the top of bank , except for maintenance of vegetation , shrubs , etc . . . . " 7 . In the application , it is stated that without permission to regrad.e this area , the property would be nearly worthless as waterfront property . No evidence has been submitted as required by the Courts to support this claim. 8. It is the position of this Board that it is the intent of 'Article XI , Section 100-119. 2 , subparagraph A(1 ) of the Zoning Code to prohibit any and all construction within 100 feet of the bluff; and that the relief condi - tionally granted under the prior Appeal , No . 35.02 , is an alternative to that, initially applied for. Such condi - tions must be—adhered to . Construction commenced and has a continued without consideration of possible alternatives for the dwelling construction during the process of this pending application . Removal of an eight-foot high berm in an area 50 feet deep by 100 feet is extensive , and the existence of this berm area was relie& upon in .granting the prior variance. 9U . It is the position of this Board not to allow alterations---of this bluff area to remove an eight-foot (dirt) berm of an area 100 feet wide by 50 feet deep for. waterview purposes , as applied herein . In considering this appeal , the Board also finds and determines : (a ) the relief requested is not the minimal necessary ; (b) the difficulties claimed are not sufficient to warrant the relief as requested ; Page 3 - Appeal No . 3546 Matter of GREGORY FOLLARI Decision Rendered June 18 , 1987 (c ) , the information submitted is not sufficient to support. a granting of this application ; (d ) the circumstances are unique ; (e ) to grant the relief as applied is not within the spirit or intent of the zoning ordinance ; (f) there are alternatives available other than a variance ; (g ) in view of the manner in which the difficulties arose and in view of all the above factors , the . interests of justice will be served by denying the application , as applied. Accordingly , on motion by Mr . Douglass , seconded by Mr. Grigonis , it was RESOLVED , to DENY the relief requested under Appeal No . 3546 in the Matter of the . Applications of GREGORY FOLLARI , as applied . Vote of the Board : Ayes : Messrs . Goehringer; Grigonis , Doyen , Douglass and Sawicki . This resolution was unanimously adopted. lk GERARD P . GOEHRINGER, 99AIRMAN June 23 , 1987 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 public hearings will be held by the SO.UTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall , Main Road , Southold , New York , on THURSDAY , APRIL 23 ,_1987 , at- the following times : 7 : 35 p .m . Appeal No . 3546 -.- Application for GREGORY FOLLARI for a Variance from prior Appeal No . -3507 rendered June 25 , 1986 to permit the regrading of area within 50 ..feet of the top of the existing bank/bluff along the Long Island Sound in accordance with N . Y . S . Department of Environmental Conservation Permit #10-86-1233 issued March 10 , 1987 . Location of Property : North Sideof -Sound Drive , Greenport , "Map of Section Four-Eastern Shores" Lot No . 117 , Map No . 4586 ; County Tax Map Parcel No . 1000-33-1 -15 . — 7 :40 p .m. Appeal No . 3620 - Application of THOMAS BALL for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for permission to locate new dwelling with an insufficient setback from the east property line along Arshamo maque Avenue , Southold , Map of Beixedon Estates , Block 7 , Lot 4 , County .File No . 1472 ; County Tax Map Parcel No . -1000-66-02-46 . 7 : 45 p .m . Appeal No . 3621 - Application of MICHAEL S . GILLILAND for Variances . to the Zoning Ordinance : (a ) Article III , Section 100-32 for permission to construct accessory two-car garage in the frontyard area ; (b) Article XI, Section 100-119. 2 for permission to locate new dwelling with an insufficient setback from bluff/bank along the Long Island Sound . Location of. Property : North Side of Sound Drive, Greenport , NY; County Tax Map Parcel No . 1000-33-1 -8 ; Map of Eastern Shores , Section Four ,- Lot No . 109 . 7 : 55 p .m . Appeal No . 3623 - Appl_.icatio.n of - PETER MARKOPOULOS for a Variance to the Zoning Ordinance , Article III , Section 100-31 , bulk Schedule , and prior Appeal No . 3297 rendered December 13 , 19'84 , for approval of the construction of a new single-family 'dwelling with an insufficient westerly sideyard and insufficient total sideyards at Lot 416 , Captain Kidd Estates , along the. south side of Sound Beach Drive , Mattituck , NY ; County Tax Map Parcel No . 1000-99-1 -24 . Page 2 - Legal Notice of Hearings Southold Town- Board of Appeals Regular Meeting of April 23 , 1987 8 :05 p .m . Appeal No . 3582 - Application of LARRY AND SANDRA STAHL for a Variance to the Zoning Ordinance , Article XI , Section 100-119. 2 for permission to construct swimmingpool , deck and fence enclosure , within 75 feet of tidal wetlands or tidal water , which- ever is greater , at 1435 West Road , Cutchogue , NY; County Tax Map Parcel No . 1000-110-07-26 . 8 : 10 p .m. Appeal No . 3593 .- Application of THE QUIET MAN INN for a Variance to the Zoning Ordinance,, Article VII , Section 100-71 , Bulk Schedule , for permission to construct addition in this " B-l " General Business Zoning District with an insufficient frontyard setback from the westerly property line along Hobart Avenue . Property Identification : Corner of Main Road and Hobart Avenue , Southold NY ; County Tax Map Parcel No . 1000-62-3-7 . The Board of Appeals will hear at said time and place all s persons or representatives 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 ca11 ..765-1809. Dated : April 2 , 1987 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER, CHAIRMAN Linda Kowalski , Board Secretary ----------------------- -----------------------------------------x Copies to the following 4/10/87 : Suffolk Times L . I . Traveler Town Clerk Bulletin Board Z . B . A. Office Bulletin Board Mr . Gregory Follari , 83 Fairview Avenue , Park Ridge , NJ 07656 Mr . Clarence W. Powell as Agent , Box. 11 , Greenport , NY 11944 Mr . Thomas Ball , RR 1 , Woodchuck Path , Wading River , NY 11752 Michael S. Gilliland , Esq . , 405 Lexington Ave, NY , NY 10174-0355 Harvey A . Arnoff , Esq . , 16 West Main St , Riverhead , NY 11901 Mr . Peter Markopoulos , .222-08 43rd Ave , Bayside , _NY 11361 . . Mr . Arthur Siemerling , Box 108 , Mattituck , NY 11952 Mr . and Mrs . Larry Stahl , 1435 West Road , Cutch_ogue , NY 11935 Ms . Regi Weile , Architect , 22 East 22nd St.. , NY , NY 10010 Mr . and Mrs . Charles Gilbert , The Quiet Man Inn , Main Rd , Southol-d 11971 ZBA Board Members (with -:copies of files ) ZBA Individual files FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD.N.Y. NOTICE OF DISAPPROVAL Date . . . .C1 Y' ' ' ' �.7. . . . . . . . .. 19 ?(P . Ve To . .�3�x .►!. . . . . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . .lam . . . . . . . . . . . . .. for permit to d �Ju tiu u-ti� Location of Property . . . . . . � 8-�:'-Y: . . . . . . . . ... . . . . . . . ... �?^�-6?. . . . . . . . . . . . . House No. Street Hamlet County Tax Map No. 1000 Section . . .C�.` . 3 . . . . Block . . . . . P.). . . . . . Lot . .1. ��. . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot -No. . . . . . . . . .,. . . . . . . . is returned lie rewith and disapproved on the following grounds . _dk.1.� .-,?11. . ct^ 0-A '��9•z w . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 � Building� Irspe o* r' � � � � � � RV 1/80 FORM NO. 1 0�' TOWN OF SOUTHOLD BUILDING DEPARTMENTf RTOWN I TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 UTHOLD :xamined .-,\k 1 o ., 19.3 Application No. . . . . . . . . . . . . . . . . . kpproved ���. .).° ., 19 Permit No, Disapproved a/c : —•T ..1�: .SOZ.. . . . � . . . . . . . . . . . . :: . . . . . . . . . : . . . . . . . . . . . . . . . . . . ; Y . . . . . . . . f ��f_,r,..; (Building-Inspector) r TOV-1;N c F FiOLr) �� I:_,_ ...._. • •J APPLICATION FOR BUILDING PERMIT � Date .XPr.i,l T 8.,. .1�J G., 19 . . . INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 As of plans,accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- ation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit iall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy call have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building_Permit pursuant to the uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or egulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. fie applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to imit authorized inspectors on premises and in building for necessary inspections. n (Signature of applicant, or name, if a corporation) �a__.I�n ���ress ! . y. e. . . . . . . . g of plicant) tate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Builder . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ame of owner of premises . GrPpory► Fol t ari. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . (as on the tax roll or latest deed) applicant is a corporation,signature of duly authorized officer. (Name and title of corporate officer) Builder's License No. . 23 . . . . . . . . . . . . . . . . . . . . . Plumber's License No. To,h P l i c.Pn s eri Electrician's License No. . : . . . . .. . . . . . . . . . . . . . . . Other Trade's License No. . . . ... . . . . . . . . . . . . . . . . Location of land on which proposed work will be done. R1.o t. #.117. F,Is t e;`,n �1i ore 5 9 e c t i on q a3 .d.O. . . . . . . . Sourd ,Drive . . . . . . . . . . . . . . .Oree�;no�:t . . . . . . . . . . . . . . . . . . . . . . . . . . . House Number. Street Hamlet County Tax Map No. 1000 Section . . PAI . . . . . . . . . . . . Block . . . 1. . . . . . . . . . . . . . Lot'. , 15 Subdivision . . . . .E�Gtern . , , , , , , , Filed Map No. � Lot 5$6 1. . (Name) ; . . . . . . . State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . . . i l,din lot b. Intended use and occupancy . ,la e s i d..n t i al . . .. . 1 .. . . . . . . . f . . , . ...r..; l~ 3. Mature of work (check which applicable): New Building . . . . . . . Additic„•. . . Alteration . . . . . . . . . Repair . . . . . . . . . . . . . . Removal . . . . . ... . . . . . . . Demolition . . . . . . . . . . . . . . Other Work . . . . . . . . . . . . . . (Description) 4. Estimated'Cost.' . . .11 5(.'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (to be paid on filing this application) 5. if dwelling,number of dwelling units . .car. F. . . . . . . . . . Number of dwelling units on each floor . . . . . . . . . . . . . . . Ifgarage, number of cars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use 7. Dimensions of existing structures,if any: Front . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . Height . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dimensions of same structure with alterations or additions: Front . . . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . . . . Depth . . . . . . . . . ... . . ... . . . . . . . Height . . . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . 8. Dimensions of entire new construction: Front . .710 Rear 5p Depth f Height . . 1`l.'. . . . . . . . Number of Stories 1. T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Size of lot: Front . .1.`�9. . . . . . . . . . . . . . . . . Rear . .1:��.�. . . . . . . . ... . . . . . . Depth Vi' . . . . . . . . . . . . . . . . 0. Date of Purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of Former Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. Zone or use district in which premises are situated . Resifl.nT1tvn). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Does proposed construction violate any zoning law, ordinance or regulation: . .Tl'". . .'a �,.c-1..;tl. . :�`'�� 3. Wily lot be regraded .`1.`'�. . . . . . . . . . . . . . . . . . . . . . . . Will excess fill be removed fro►ri'premises X y� N� 4. Name of Owner of premises .Q1r pt;.o ry, Fo 1 1 r.r i. • Address P.�r� 1ZI c1«� 1\T_ :T phone No. �.l: :57' o t31�� Name of Architect . . . . . Address Phone No. Name of Contractor C. W. rowel.l . . Address ,(;reeri-Wi-E :N�:., 'Y phone No.516 ;A77 :60J )�: PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and,indicate all set-back dimensions from roperty lines. Give street and block number or description according to deed, and show street names and indicate whethe ►terior or corner lot. Pl. e�.SP refor to eTi cl o«t; rn-in of nronl-rty J'' i c� 13 d: , ATE OF NEW YORK, S.S )LINTY OF . . . . ... . . . . . "' "� •�� • •` . ) '% • - being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) ove named. isthe . . . . :t?. ..t . . . . . . . . . ... . ... . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Contractor, agent,corporate officer, etc.) said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this , lication; that all statements contained in this application are true to the best of his knowledge and belief;and that the ,rk will be performed in the manner set forth in the application filed therewith. ,orn to before me this GG . . . . . . . . . . . t!�. . . . . .day of. . . � . . . . . . . . . .1 19 9.� ►tary Public, . . . . . .41t. . l.1. . . .. . . . ... . . . . . County HELEN I.BE VDE . . . . .1/� G°lir�'��� �/ Uzi✓�- . MRY PUM T state of News York . . . . . . . . . . . . . . . . . . . Pa.470-i, ,tuffolk Cou�ty,�., (Signature of applicant) 16(m Exoeae C.Asrch 3f1,19,..d-1 ji-(.0 Lwmb l2p.CE1VED AUG 1319�6 TOWN OF SOUTHOLD, NEW YORK • 9 Sown A.RRE`v�PPMOM DECISION OF BUILDING INSPECTOR APPEAL NO.c,� DATE .............................. TO TH E ZON I NG BOARD OF APPEALS, TOWN 0 F SOUTHOLD, N. Y. Clarence Powell A C 1, (We) Qr,V rL.k'.4.LQ.i... ..........................of ....UPQ....q'QUn.$.9P...RA.a: ............................. Name of Appellant Street and Number ........'......Green-.or c............................................................ ............11T....Y.......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ........... DATED ...Anil 17. 1.986 WHEREBY THE .BUILDING INSPECTOR DENIED TO Gregori Folari ................................................. Name of Applicant for permit of 83 Fairview Avp P'arl, Ridge N..J., ................................................................................................................................ Street and Number Municipality State (X ) PERMIT TO USE ( ) - PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..T,Qt...1.1.7....5'raunr7...iflr.iv.e................. ........... Street Use District on Zoning Map 1000 033........................................................... 15 Current Owner GP02ori Folari Map No. Lot No. 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 111_ Spetio jo�ti i 9 2 3. TYPE OF APPEAL Appeal is made herewith for (K 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 4. PREVIOUS APPEAL A previous appeal (has) been made with respect to .this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for d special permit (x ) request for a variance and was mode in Appeal No. 3502 .........Dated J.V. Y.. 1,....J.9 3.0.... ................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that This anneal i_r bpinp, made to re grade building nlot to conform with neighboring grprlps of existing resirlen.tial. d.well.i-n.€s. Form zsi (Continue on other side) �r REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Upon -purchase, of lot # 116 in 1975. Christ.onher Milonas: , a customer, hay' a s, m liar situati.or as occurs on lot # 117. Thee was a .large mound of dirt approxamitly 6. or E3 foot higher that the terraim khere his: reziietee is locite�?. Had 'we not 'been. able to re: graae- his propprty: hp would have Iceked out of hi.s living room winc'ow into this mound.. ra.thier that_ a view of the the -property. g- soum�.a, which was obvious his reasor. rtzrcl�a,sin , Again, Mrs Helen T�ande.rs, another costomer, having purchased lot # 118, in 197E wa.s comaelled to remove a mound of dirt nearly as high along her Fluff to get a view of the% souncl. The elavations: of these plots, # 116 and #118 was made with the thought that whom ever was to build on plot#�17 would also The-hrardsFrTp-ereat�d-is-f NI�UE-and-is-trot-shared— crf,l—prop rtre —ali`1ceen th ie'mrriedi`ate v°i f=thris-property-and-in-°'thi5`tise-distriEFb'e�se do the s-ame!. Without permission -fo re grade the property to conform: - ith the neighbor' ing pro-Der.ties ane, kee-ping within the caraeNter of the neitghborhood, it gill mare this i)ropertZT nearly worthless as waterfront nrnxmerty. It is, the owners intent that in re grading no snails, will be placed over the. bluff and all drain^ge of the property will be toward the street. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because in re grading it would conform to the likness of the other -pro-Derties an:d. the design. of the building would conform with the existing structures. This parcel is the last oven building plot in. the imedia.te arPo,. STATE OF NEW YORK ) ss '.'...... ..................................... COUNTY OF ) Signature Swornto this ..................1-3...................... day 'of......................... :............................ 19 t- 6 HELEN DE YOE ..................... W..... ........� K.... NOTARY PUBLIC,State of New York Notary Public No.4707878,Suffolk CountyGG,, Term Expires March 30,19 M7 TOWN OF SOMHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT_ /JGj / 7 {Z�GFn L.L�C�� SD iL'u^ U�- .�/1 _ i .t j f, r`t ✓l '. '� v FORMER OWNIIR N E �` ACR. 14A1?A c d W r S w TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MILS. Mkt. Value LAND IMP. TOTAL DATE REMARKS dS— G / LS/ / L 88 i so - �, ,1 j Sf ti A e�Na r W F T, J. SFA z'fiC vivo P Po , 3 '� ' 3 �— !J 3 G .5 � �9oot�. S,or�,2.raeiu i Cam. r2i I r E t i, i AGE BUILDING CONDITION I NEW NORMAL BELOW /ABOVE s a FARM Acre Value Per V..ciue Acre _ FRONTAGE ON WATER -- Tillable - f?- Woodland — FRONTAGE,ON ROAD Meadowland DEPTH House Plot — BULKHEAD Total DOCK i A "► SUFFOLK CO. HEALTH DEPT. APPROVAL -H. S. NO. } in L MAP O1P. C. 4i'2 "Y - - STATEMENT OF INTENT o�d --'� : l`f,<oh'OOE-'. _ f00.0 ~-��" ` -- =. � � . • _ -"- - THE.WATER SUPPLY AND SEWAGE DISPOSAL (fie /irce) A7 00O SYSTEMS FOR THIS RESIDENCE WILL N CONFORM TO THE- STANDARDS OF THE N TOYVN O� OUTI--tO/_Q,(v. SUFFOLK CO. DEPT. OF HEALTH SERVICES. m (S) (? APPLICANT SUFFOLK COUNTY DEPT. OF HEALT-H- SERVICES - FO-R APPROVAL OF �Qatbt CONSTRUCTION ONLY DATE: Scale'. .SO l „ H. S. REF. NO. .. APPROVED: �2,fl0? sq.fi:. . . - �l t US ,: ca rrcolzurrterr-#- SUFFOLK CO. TAX MAP DESIGNATION: c'` '"� = 5e�rf-ic fzarrtlr DIST. SECT. BLOCK PCL. �! f t r ,�:r-ot`f:�y�td�% A. 6�i416'oF3. f� 1 ---'bclr-- OWNERS ADDRESS: C1 k•E oTJ n A..,.•- 83 Pairview Ave, r` house Park Oickye, N—J, 0-76,56 o-F numbers Shown r err_ 4-0 DEED: L. S�(lA P. L Fx1 Cs a'r mil, - TEST HOLE STAMP ` - � ti, "rlrla�a of Sec$rorr Four--Easfer-rr Shores,* filed ih -the Suffolk Caur-t4-V CferkG a,s�L� .°G' 'f i cr�J�%9 lti Quiz y st.ti atian�Qf'stirXa t ) e off(ce as Mcyp No. -4586. Y/ V . ! O O i'r°uaeua L-9W. thr�Nows Yolk�S�a?� *SC`S G thin s.smic J R�fy �13�PriRd Y . N ./� t:�e- ti de, +� ' Ll t:e ,S : b f -tha la i survevol`�iM, �:I or N r is considered - .,�• , sm�xsae,sasl s$acil no: - ---- - — -- nn __ trs trz a d6iir_'tRe o ceFy. `7 0 23 / C� -7 23• a 76, � / �asarantee, ind:octeca,horr..cn'w4�tl�n 7 1 C.sYi "r iL3d�q � f cn a�sr:arxf en hir t.&1aV to the l ��3 _-- -_ b..w -----__ - �. tit[r.corn,:ary.2nserrracntvi on ��, 5-rJ ,�t.��- — ►"Pdf•t-- y�Qua- � � rd lcnr--inc.institution lister hereon snr3 t --- 3_ -� 4:EWE F� � to t.,u c�inn cs of tho londmo imti- ` O�O :a 1�• �� t:s tuiio�.Gscarante::s acre not tr ansl`umble 1 T-r'�'1'€3 �1�. .g1^ G."JSI�-3 y-d°v / Yet zm%5 ona!inoitutiorm or suh-quent SEAL csoarca fv- aecl 40 4-he NEW -"�:� (b 11.S• L i fe.Ti-r(� <rtsut�arr;cry GornOif r( ��a��VA�v�o� �` c15 5lsrveyeta! Af r-t i / ,- (981 . V; fVG1GCrrr t-} f vorcerrr d} tVclCeYri�'j J UJ RODERICK VAN TUY�., P.C. ° r o I t LICENSED LAND SURVEYORS �., �S J yJ r j GREENPORT NEW YORK �`]` IAS t pruuow HENRY P. SMITE, President TELEPHONE JOHN M. BREDEMEYER, Vice-Pres. Ln (516) 765-1892 PHILLIP J. GOUBEAUD ELLEN MALBERT K JR LARSEN ®���� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 October 30, 1987 Marie Ongioni, Esq. 218 Front Street P. O. Box 562 Greenport, New York 11944 Re: Gregory Follari - Application No. 573 Dear Ms. Ongioni: The following action was taken by the Board of Town Trustees during their regular meeting held on October 29, 1987 regarding the above referenced application. WHEREAS, Marie Ongioni, Esq. on behalf of Gregory Follari applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated July 27, 1987, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on October 29, 1987 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that Marie Ongioni, Esq. on behalf of Gregory Follari BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Remove a natural berm approximately 55 ft. wide, 9 feet high spanning the width of the subject property. All material will be used to regrade the plot in conformity with the character of the neighborhood. Property is located on Sound Drive, Greenport. Board of Town Trustees - Page 2. Marie Ongioni, Esq. on behalf of Gregory Follari This permit will expire on October 29, 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. Please be advised that there is a $10.00 Wetland Inspection Fee now due. Upon remittance your permit will be forwarded by mail. Return to the Building Dept. for a determination on the need of any other town permits that may be required for this project. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS:ip cc: Commissioner Thomas C. Jorling, D.E.C. , Albany Robert A. .Greene, D.E.C. , Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C,.A.C. Victor Lessard, Admin. , Building Dept. Planning Board Board of Appeals File (� HENRY P. SMItH, President } 4 J JOHN M. BREDEMEYER Vice-Pres. Ca F k 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 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: Sept. 25, 1987 APPLICATION NO. : 573 NAME: Marie Ongioni, Esq. on behalf of Gregory Follari This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617. 10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: Unlisted DESCRIPTION OF ACTION: To -remove a natural berm approximately 5.5 ft. wide, 9 feet high spanning the width of the subject property. All material will be used to regrade the plot in conformity with the character of the neighborhood. LOCATION: Sound Drive, Greenport REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. 3. Conservation Advisory Council recommended approval of the project. Board of Trustees Page 2. For further information regarding this application please contact: Henry P. Smith, President Board of Town Trustees Southold Town Hall Main Road Southold, New York 11971 Call: (516) 765-1892 cc: Commissioner Thomas C. Jorling, D.E.C. , Albany Robert A. Greene, D.E.C. , Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C.A.C. Victor Lessard, Admin. , Building Dept. Planning Board Board of Appeals Town Clerk's Bulletin Board file , Marie Ongioni,- Esq. on behalf of Gregory Follari HENRY P. SMITH, President FF x "Mi JOHN M. BREDEMEYER, Vice-Pres. ' 'y ,� TELEPHONE PHILLIP J. GOUBEAUD ��t :' (516) 765-1892 �. ALBERT KRUPSKI, JR. ELLEN M. LARSEN t BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 August 28, 1987 Marie Ongioni, Esq. . 218 Front Street P. O. Box 562 Greenport, New York 11944 Re: Gregory Follari - Application No. 573 Dear Mrs. Ongioni: The following action was taken by the Board of Town Trustees during their regular meeting held on August 27, 1987 regarding the above captioned matter. 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 Marie Ongioni on behalf of Gregory Follari for a Wetland Permit on certain property located on Sound Drive, Greenport. Please have the property properly staked for inspection on September 16, 1987. Very truly yours, Henry P. Smith, President Board of Town Trustees HP S: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 Planning Board Y J / _:OUNTY OF SUFFOLK a Michael A. LoGrande SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING 3Ca�i� rJul ! � j� LEE E.KOPPELMAN DIRECTOR OF PLANNING 360-5513 f f) .,A d3i July 9, 1987 Town of Southold Zoning Board ,of Appeals Re: Gregory Follari #3546 Gentlemen: Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Lee E. 'Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE,L.1.,NEW YORK 1 1788 (516)360-5192 K. Southold Town Board of Appeals ��� �, A& < ,r ©� 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 Pursuant 'to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : Variance from the Zoning Code , Article Section Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Request -for Appeal to re-grade area within 100 feet of Sound ,,X Bluff, at Variance from Condition #2 of Appeal No. 3502 Rendered July 31, 1987 Appeal No . • 3546 Applicant : Mr. Gregory Follari Location of Affected Land : Sound Drive, Greenport, NY County Tax Map Item No . : 1000- 33-1-15 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay , Sound or Estuary ) State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned La Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of "Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS : Applicant is requesting permission to rin rrarla an area within _5.0 feet of the top of the existing bank/bluff along Long Island Sound. Copies of Town file and related documents enclosed for your review. Dated : June 26, 1987 ocwFFULir 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. 4 ROBERT J. DOUGLASS JOSEPH H. SAWICKI June 25 , 1987 Marie Ongioni , Esq . 218 Front Street Greenport , NY 11944 Re : Appeal No . 3546 - Gregory Follari Dear Mrs . Ongioni : Transmitted herewith for your perusal and file is a copy of the official findings and determination rendered in the above-entitled matter . Yours very . truly , GERARD P . GOEHRINGER CHAIRMAN $�i Li`n`da Kowal ski Enclosure Copy of Decision to : Building Department Southold Town Trustees MARIE ONGIONI ATTORNEY AT LAW 218 FRONT STREET, GREENPORT, NEW YORK 11944 (516) 477-2046 �oft"IVCLI 0 f Aq 0a nsa�&1)?'? #:od � J � Jun.e 17 , 1987 ODD Gerard P . Goehringer , Chairperson Southold Town Board of Appeals Main Road Southold , New York 11971 Re : Appeal No . 3546 Gregory Follari Dear Mr . Goehringer : In accordance with your request of May 14 , 1987 relative to the above captioned appeal , enclosed herewith is a topograph- ical map of the property prepared by Roderick Van Tuyl , Licensed Land Surveyor. I have enclosed one print . The map shows all existing growth, tree diameters , soil content and the contours within the area near the bluff to be regraded . If you require anything further , please advise . Thank you for your prompt attention . Very truly yours , ;ARE ONG I MO/jb Enclosure z 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 May 14 , 1987 Mr . Clarence W. Powell P . O . Box 11 Greenport , NY 11944 Re : Appeal No . 3546 - Gregory Follari (Variance ) Dear Mr . Powell : Please let us know whether you are able to furnish us with a plan , similar to a topographical map which will show all e.xi:sting growth , tree diameters , soil content and contours within the _ area near the bluff line to be regraded . We would like to render a decision on this matter at our next meeting , and therefore request one print . no later than June 16th . Yours very truly , Zoo 0MO-10. GERARD P . GOEHRINGER CHAIRMAN lk MARIE ONGIONI ATTORNEY AT LAW /A 218 FRONT STREET, GREENPORT, NEW YORK 11944 I A7 (516) 477-2048 June. 4 , 1987 Gerard P. Goehringer Chairperson Southold Town Board of Appeals Main Road - State Road 25 Southold, New York 11971 Dear Mr . Goehringer : I am in receipt of your letter to Clarence Powell , agent for Gregory Follari in his application for a special exception to the Zoning Board of Appeals. Mr . Powell is no longer acting as Mr . Follari ' s agent . I have been retained to represent Mr . Follari in his application pending before your Board . In accordance with your request dated May 14 , 1987 , I am having a topographical map prepared for the Board ' s review and hope to submit it prior to the June 16th meeting . In the event that the surveyor is unable to comply with this deadline , I will notify the Board . Thank you for your cooperation. If you have any questions , please call me. Very rulyc yours J� MARIE ONGIONI MO/JB _, SOUTHOLD TOWN BOARD OF APPEALS MATTER OF GREGORY FOLLARI THURSDAY, APRIL 23, 1987 , PUBLIC HEARING 7:42 p.m. Appeal No. 3546 - The Public Hearing commenced in the Matter of GREGORY FOLLARI . Variance from prior Appeal 3507 , ren- dered 6/25/86 to permit the regrading of area within 50 feet of the top existing bank/bluff along the Long Island Sound in ac- cordance with DEC Permit #10-86-1233 issued March 10, 1987. N/s Sound Dr. , Greenport. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey, the last update was April 1 , 1981 by Roderick VanTuyl P.C. received on March 24, 1987 indicating the area in question adjacent to the top of the bluff area. I have a copy of the DEC permit and I have a copy of our decision dated April 28 , 1986 which was the actual date of the receipt of the application and the decision which was ren- dered on August 13, 1986. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Powell would you like to be heard? MR_ POWELL: No. Not really. I feel as though the application is self-explanatory. And if there is anyone here in rebuttal to what Mr. Follari did, I 'm here on his behalf and I ' d like' to answer any questions anybody might have. CHAIRMAN GOEHRINGER: I just want to ask yo,u. The DEC permit clearly states that we ' re talking about an area at the top of the bluff line approximately 100 by 55 by 9 feet . Is. that cor- rect? MR. POWELL: 8 or 9 feet. It ' s hard to judge by visual . CHAIRMAN GOEHRINGER: At its highest point , it would be 9 feet? MR. POWELL: -At the highest point. And as you have read in the application, Mr. Follari would like to regrade that lot so that he can conform with lots 116 and 118 . CHAIRMAN GOEHRINGER: Thank you sir. Is there anybody else that would like to speak in favor of this application? Anybody like to speak against the application? Questions from Board members? - I had a discussion with John Bredemeyer who is the vice president of the trustees, concerning the trustee ' s views in the area of this particular nature. And Mr. Bredemeyer did indicate to me however, that there was ..one area that was recently dealt with which was in C_ utchogue on the Sound and they did allow an appli- cant to cut a portion of the bluff. At this particular time, hearing no further comments , I ' ll close the hearing reserving the decision until later. Thank you very much for coming in. All in favor - AYE. z y T Southold Town Board of Appeals , r MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD April 23, 1987 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON IS, JR. S.E.Q.R.A. SERGE DOYEN, JR. JOS E H H. AWICKI NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination -of Non-Significance APPEAL NO. : 3546 PROJECT NAME: GREGOR'Y 'F'OL'L'AR'I' -- 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 signifi-. 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: [ �:] Type-II [X]. Unlisted [ ] DESCRIPTION OF ACTION: Permit the regrading of -area within 50 feet of the top of existing bank/bluff along Long' - Island Sound in accordance with DEC Permit #10-86-1233 issued March.:;10, 1987 LOCATION OF PROJECT: Town of Southold, . County of Suffolk, more particularly known as: N/s Sound .Dr. , Greenport 1000-33=1-15 REASON (S) 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; (2) Reviews and action have been finalized by the N.Y.S. Department of Environmental Conservation. (3). The relief requested is not- directly related to new construction. 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 sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. me 95-2Gy6(9/86)#•25c NEW STATE DEPARTMENT OF ENVIRONMENTAL CONSERI N DEC PERMIT NUMBER ® EFFECTIVE DATE sh/ NW U1111P7 FACILITY/PROGRAM NUMBER(s) PERMIT EXPIRATION DATE(s) Under.the Environmental Conservation Law N/A � 3/�3/� 3/9/89 Article 15, Title 3; 6NYCRR 27 328, 329: Aquatic Pesticides Water Quality Article ty Certification Tidal Wetlands N Article 15, Title 5: Article 17, Titles 7, 8: Article 27, Title 7; 6NYCRR 360: Protection of Water SPDES Solid Waste Management* Article 15, Title 15: Article 19: Article 27, Title 9; 6NYCRR 373: Water Supply Air Pollution Control" Hazardous Waste Management Article 15, Title 15: � Article 23, Title 27: � Article 34: Water Transport Mined Land Reclamation Coastal Erosion Management Article 15, Title 15: Article 24: Article 36: Long Island Wells Freshwater Wetlands Floodplain Management Article 15, Title 27: N—New, R—Renewal, M—Modification, Articles 1, 3, 17, 19, 27, 37; Wild, Scenic and Recreational C—Construct (`only), 0—Operate (*only) 6NYCRR 380: Radiation Control Rivers PERMIT ISSUED TO Gregory Follari ADDRESS OF PERMITTEE 83 Fairview Ave. , Park Ridge, NJ 07656 AGENT FOR PERMITTEE/CONTACT PERSON TELEPHONE NUMBER C.W. Powell , P.O. Box 11, Greenport, NY 11944 NAME AND ADDRESS OF PROJECT/FACILITY(If different from Permittee) Long Island Sound on the N/S of Sound Dr. LOCATION OF PROJECT/FACILITY COUNTY TOWN16 UTM COORDINATES Greenport Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIVITY Grade a 100'x55'x9' area to match existing slopes on adjacent properties in accordance with the approved plans and June 11, 1986 letter from the County of Suffolk Soil and Water District letter from Thomas J, McMahon (pages 1 through 3) . GENERAL CONDITIONS By acceptance of this permit,the permittee agrees that the permit is contingent upon strict compli- ance with the ECL,all applicable regulations and the conditions specified herein or attached hereto. 1. The permittee shall file in the office of the appropriate regional permit administrator,or other office designated in the special conditions,a notice of intention to commence work at least 48 hours in advance of the time of commencement and shall also notify him/her promptly in writing of the completion of the work. 2. The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if the public interest so requires pursuant to ECL§71-0301 and SAPA§401(3). 3. The permittee has accepted expressly,by the execution of the application,the full legal responsibility for all damages,direct or indirect,of whatever nature,and by whomever suffered,arising out of the project described herein and has agreed to indemnify and save harmless the State from suits,actions,damages and costs of every name and descrip- tion resulting from the said project. 4. The Department reserves the right to modify, suspend or revoke this permit at any time after due notice, and, if requested, hold a hearing when: a) the scope of the project is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are found;or b) the permit was obtained by misrepresentation or failure to disclose relevent facts;or c) newly discovered information or significant physical changes are discovered since the permit was issued. 5. The permittee is responsible for keeping the permit active by submitting a renewal application,including any forms,fees or supplemental information which may be required by the Department, no later than 30 days(180 days for SPDES or Solid or Hazarduous Waste Management permits)prior to the expiration date. 6. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work or as authorizing the impairment of any rights,title or interest in real or personal property held or vested in a person not a party to the permit. 7. The permittee is responsible for obtaining any other permits, approvals, lands,easements and rights-of-way which may be required for this project. 8. Issuance of this permit by the Department does not,unless expressly provided for,modify,supersede or rescind an order on consent or determination by the Commissioner issued heretofore by the Department or any of the terms,conditions,or requirements contained in such order or determination. 9. Any modification of this permit granted by the Department must be in writing and attached hereto. P T I NCE DATE P D RESS 0 97 fired a lar Bldg. 40 SUNY Rm. 219 Stony Brook, NY 11794 AUTHORIZED SIGNATURE Page 1 of 4 cc: C.T. Hamilton ( ,� � 95-29L6a(1186)=25c V ADDITION& GENERAL CONDITIONS FOR ARrit.'LES 15 (Title 5), 24, 25, 34, 36 and 6 NYCRR Part:.... ) 10. That if future operations by the State of New York require an al- other environmentally deleterious materials associated with the teration in the position of the structure or work herein authorized,or project. if, in the opinion of the Department of Environmental Conservation 14. Any material dredged in the prosecution of the work herein permitted it shall cause unreasonable obstruction to the free navigation of said shall be removed evenly,without leaving large refuse piles,ridges across waters or flood flows or endanger the health, safety or welfare of the bed of a waterway or floodplain or deep holes that may have a the people of the State, or cause loss or destruction of the natural tendency to cause damage to navigable channels or to the banks of resources of the State,the owner may be ordered by the Department to a waterway. remove or alter the structural work,obstructions,or hazards caused 15. There shall be no unreasonable interference with navigation by the work thereby without expense to the State, and if, upon the expiration or herein authorized. revocation of this permit, the structure, fill, excavation, or other 16. If upon the expiration or revocation of this permit,the project hereby modification of the watercourse hereby authorized shall not be com- authorized has not been completed,the applicant shall,without expense plefed, the owners, shall, without expense to the State, and to such to the State, and to such extent and in such time and manner as the extent and in such time and manner as the Department of Environmental Department of Environmental Conservation may require,remove all or Conservation may require,remove all or any portion of the uncompleted any portion of the uncompleted structure or fill and restore the site structure or fill and restore to its former condition the navigable to its former condition. No claim shall be made against the State of and flood capacity of the watercourse.No claim shall be made against New York on account of any such removal or alteration. the State of New York on account of any such removal or alteration. 17. If granted under Article 36, this permit does not signify in any way 11. That the State of New York shall in no case be liable for any damage that the project will be free from flooding. or injury to the structure or work herein authorized which may be caused 18. If granted under 6 NYCRR Part 608,the NYS Department of Environ- by or result from future operations undertaken by the State for the mental Conservation hereby certifies that the subject project will not conservation or improvement of navigation,or for other purposes,and contravene effluent limitations or other limitations or standards under no claim or right to compensation shall accrue from any such damage. Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 12. Granting of this permit does not relieve the applicant of the responsi- (PL 95-217)provided that all of the conditions listed herein are met. bility of obtaining any other permission, consent or approval from 19. All activities authorized by this permit must be in strict conformance the U.S.Army Corps of Engineers, U.S.Coast Guard, New York State with the approved plans submitted by the applicant or his agent as part Office of General Services or local government which may be required. of the permit application. 13. All necessary precautions shall be taken to preclude contamination Such approved plans were prepared by of any wetland or waterway by suspended solids, sediments, fuels, solvents,lubricants,epoxy coatings,paints,concrete,leachate or any on SPECIAL CONDITIONS All movement of soil is to be in a southerly direction from the face of the bluff. . No soil or brush is to be placed on the face of the bluff. If a house is to be constructed it is to be placed no further north than the existing ,dwelling to the west. All disturbed areas are to be vegetatively stabilized within two weeks of final grading with beach plant species as specified by the Soil Conservation Service's letter. Supplementary Special Conditions (A) through (J) attached. Additional Supplementary Special Condition (Pi) attached, Dot # 3,-0 � DEC PERMIT NUMBER 10-86-1233 PROGRAMIFACILITY NUMBER N/A Page 2 of 4 TYIE FOLLOWING CONDITIONS .S,11ALL Ai.PPL7 IF CIIECIMM AS APPLICLPILE EY T IE T°EGIOITAL PEM-1IT At1Pi11-TISTARAM't. K. All dredging shall be conducted so as to leave a uniform bottom elevation free of mounds or hole-.. L. All spoil material shall be disposed of either in the Atlantic Ocean or at an approved U.S. Government Dumping Ground, as directed by the District Engineer, U.S. Depart- ment of the Army, Corps of Engineers. Any spoil material not intended for such water disposal shall be removed from the site and disposed of at an approved upland site. x H. All fill and spoil material shall be suitably contained at the wort: site so as to prevent its eroding, leaching or other- wise entering into adjacent wetlands and waterways. 11. All peripheral rip-rap berms', cofferdams, rock revetments, gabions, bulkheads, etc. shall be completed prior to placement of any fill material behind such structures. 0. All repairs to existing structures shall be confined to re- placement of existing structural elements with no change Ila design, dimension, or materials, unless specifically authorized herein. REGIONAL PEF14IT ADT?ITIISTRATOR Division of Regulatory Affairs 3/10/87 ITYS Dept. of Environmental Conservation DATE: Bldg. 40, SUNY, Room 219 Stony Brook, TnI 11794 DEC �k 10-86-1233 (516) 751-7900 Page 4 of 4 1987 r r ' TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 ' Southold, New York 11971 March 30, 1987 C. W. Powell P.O. Box 11 Greenport, NY 11944 Re: Gregory Follari - property located L.I. Sound on the NIS of Sound Dr. , Greenport Dear Mr. Powell: Please be advised that the Southold Town Bay Constable has inspected the above referenced property and determined that a Wetland ,Permit from the Southold Town Trustees will be necessary for the project proposed. Enclosed for your convenience is the application. Kindly remit the completed application to this office prior to April 15, 1987 so that -it can be expedited at the earliest possible date. Should you have any questions, please do not hesitate to contact this office at the phone number listed above. Very truly yours, HPS:JW Henry P. Smith, President Enclosure "Southold Town Trustees cc - Building Dept. / Board of Appeals J r ir; �l!$3130 U q FIELD REPORT C/en'tral POLICE j aint No.or fi TOWN OF s Inc'dent Or mlet of Occ. DUTHpLD N.y, Crime 1'�•� "�-- ��Q4.. Sector Day of Occurrence J� CC_ :J,J� �0 �7lohl ate of Occ. Grid NO iv Me Comp 3' 3°-S-3 Time Of Occ. Plainant Victim ^ /O 2-3 Date of Re 3 _ Port Address � � 3 3 o Fr% D_O ?lace F Of Occurrence r0��1 � e Phone Time out �O �c f 6 6-- !� io Z j Time n Sv.1 u nded Grc. O es O No Tour Cleared,L �' d BY Arrest CePtion.11y Cleared Lr. 1 ,e r?,e o- cv� �o'c F� ft— 'Ij wr:l , d CriN �J �i )I re_�.0 FxcAvlrD� Our✓ �o.rK Y E'� i'n r � .L`r � r�-r a� 7dv� ���'t PDTS 2 —Continuation Report Attached? orting Office Shield No. yes FOrorrPnl)"T�s j .SuPervisor Y(d C , r Memorandum from . . . . Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 8 13 86 Date a 10 :45 .m. To: MEMO FOR THE FILE From: Linda In speaking today with Dennis Cole , Analyst for the N . Y .S . D . E. C . , he confirmed that alteration of bluff areas are definitely within their . jurisdiction , and will require either approval or a waiver after formal application - to them. He will also arrange DEC packages to be left with the Town for distribution when necessary .for applicant ' s convenience . Copy in G. Follari 'file . SUFFOLK CO. HEALTH DEPT. APPROVAL H. S. NO. ! suQvcyEFa 1=02 _01i - __ G0 STATEMENT OF INTENT _ _.. � THE WATER SUPPLY AND SEWAGE DISPOSAL r r (fie line AT E QO SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE N t�! - owN OF SaUT��O?!C �`l�!•� SUFFOLK 'CO. DEPT. OF HEALTH SERVICES. (�} , (s) l APPLICANT ttt� / CVO / SUFFO,LK COUNTY DEPT, OF HEALTH- SERVICES — FO-R APPROVAL OF dank act/ CONSTRUCTION ONLY DATE:' �� H. S. REF. NO.: n l PROVED: �+ _ _ LC SUFFOLK CO. TAX MAP DESIGNATION' ?�� = ;e�rric (arrL DIST: SECT. BLOCK P,CL' OWNERS ADDRESS: 85 .f=za irview Ave. r` { house. Parks. -el ao 03 ( DEED:.L. N(41 `P_ No4e: Lo-r'- numbers shogun r�er :lLo "Mvp of 5ec-fiofl Fbor-c o-drh shores", TEST HOLE STAMP r Q _ -i leol it-1 -Hie Suf ofk, Courr-v Clerk O07 ci ce. cxs MQrtb :'Vn. 458�.. . �. 4r=.: n• NN this 0;um.p RWI Z / n iA sxa 3 6 .1. �t a so"PPZBn's7��zsCe crag to the r�:N@er 1 a a F:re� rr sp,a rose tz:� €4 c& 2 fart _ -rJ-� 3 --_ __ arl�r-' rnarri` —1__ —" ��• 4iYre?Doti7•rs;;ryv.�S9b"�r?iT9�49`aat i:�f89pY� .io SOUNDtG� • ' - _ 3 _, �f�, �l leGl t '•tS, in�gi *G of tih�lost* 5sd '' I1f� T1=!-le No. S1-52-35f54 �;,) r ; SEAL -- - - - U. 5_ Li f�.?'i,�ie lrtsurarr^e Corry-r�Oerzc� r 5 surveyeol A��-i t 1 , 198i . 'vaccrrr¢� �,vorcarr f-) �Vacarr-l-� ` ' J r RODER ICK-VAN TUYJ:, P.C. . 01 LICENSED LAND SURVE ORS t I r : V t j GREENPORT NEW YORK N7556a q / CHRISTOPHER A. MILONAS 155 MANHASSET AVENUE MANHASSET, NEW YORK 11030 p We- 407Z d/'6? c C-0 R-e J �- /'e 71 r. 7 40 7 s � (/'mac r . Southold Town Board of Appeals 4 dl 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 August 15 , 1986 Mr . Clarence W. Powell 380 Robinson Road , , Box 11 Greenport , NY 11944 Re : Appeal No . 3546 - Gregory Follari (Variance ) Dear Mr . Powell : This letter will acknowledge receipt of' your recent appli - cation . The members of the Board of ,Appeals w.i.11 be conducting field inspections and environmental r.e_vi.ews as m:ay be required_.. by State and local laws prior .to s-cheduling your application for a public hearing.. It is requested in the interim thayou proceed with the [ ] Planning Board [ X ] 'N. Y'. S: D. E.. C.* [ ]. Town. Trustees in order that they may _submi.t their w.rAtt.en comments or recom- mendations as early as possible . Upon receipt of their input , your application will be scheduled '-for the next _available hear- ing date._. If the above document (s ) are submitted by mid-September , it is expected that the public hearing would be held about the early part of October. A copy of the notice of hearings as published in the Long Island Traveler-Watchman and the _Suffolk u Times will be sent to yo as confirmation . Please feel free to call at any time if you have any questions . Yours very truly, .GERARD P . GOEHRINGER CHAIRMAN By Linda Kowalski *pursuant to our recent conversation . COUNTY OF SUFFOLK PETER F. N SUFFOLK COUNTY EXECUTIVE SOIL AND WATER CONSERVATION DISTRICT STANLEY A.PAUZER DISTRICT MANAGER June 11, 1986 �, • .` -� - Cob ;j Mr. Gerard,P. Goehringer, Chairman .Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer: In reference to your request for our assistance in assessing Appeal No. 3502 Gregory Follari (Variance), please be advised that a site inspection was con- . ducted on June 11, 1986. During the inspection I noted that the parcel of land is vegetated with herbaceous and some woody plant materials and that the general slope is toward the south. Regarding the bluff, I found the bluff face"well vegetated from approximately 12-15 feet below the top to the bluff toe. The toe appears stable, although no structures are present. Numerous large boulders along the beach may be contributing to the stability. The bluff face slope is much flatter than the natural angle of repose except for along the upper edge where there is an almost vertical drop .of 12-15 feet. The near vertical section of the bluff should be cut back to form a maximum 2:1 slope. This would move the existing top of the bluff approximately 24-30 feet southward. Spoil material from cutting back the bluff top should not be allowed to fall onto the bluff face- if possi.blep since it could destroy the existing vege- tation. All disturbed areas on the bluff should be vegetated with American beachgrass; planting information is available through this office. I hope this information will be useful to you. If you require any additional in- formation, please contact the office. Sincerely, Thomas J. McMahon, Senior District Technician 127 EAST MAIN STREET RIVERHEAD.NEW YORK 1 1901 1616)727.231 S NOTICE OF HEARIN NOTICE IS "HE'.- I GIVEN,pursuant to Section 267 of the Town Law and the Code of the Town of Southold,the follow- ing public hearings will be held SS. by the SOUTHOLD TOWN BOARD OF APPEALS at a COUNTY OF SUFFOLK Regular Meeting at the Southold Town Hall, Main Road, South- old, New York, on-,THURS- of Greenport, in DAY, APRIL 23, 1987, at the. 'lowing times: said County, being duly sworn,says that he/she is 7:35 p.m. Appeal No. 3546 — i'•, Principal Clerk of THE SUFFOLK TIMES,a Weekly Application for GREGORY FOLLARI for a Variance from Newspaper, published at Greenport, in the Town prior-Appeal-No._35.07_rendeced fff I of Southold, County of Suffolk and State of New June 25, 1986 to permit there- grading of area within 50 feet or-- York, and that the Notice.of which the annexed is the top of the existing bank/blufF\ •I a printed copy, has been regularly published in along the Long Island Sound in said Newspaper once each week for 1 accordance with N.Y.S. Depart- i ment of Environmental Conser- weeks successively; commencing on the 16 th vation Permit #10-86-1233 is- sued March 10,1987.Location of \,� �f8 #y April 19�Z Property: North Side of Sound' 19� f: t Drive, Greenport, "Map of Sec- p tion Four-Eastern Shores" Lot No. 117,-Map No. 4586;County Tax Map Parcel No: 1D00-33-1- 15. Principal Clerk 7:40 p.m. Appeal No. 36 0 — Application of THOMAS BALL for a Variance to the Zoning Or- I Sworn t0 re me this dinance,Article III,Section 100- 31, Bulk Schedule, for permis- d y of 19 MARy K MAN sion to locate new dwelling with NaTARY PUBLIC,Sete of New York an insufficient setback from the � Suffolk County No.48 ?99 0. east property line along Ar- d � Term Expires February+9c shamomaque Avenue,Southold, / Map of Beixedon Estates,Bloch -7, Lot 4, County-_File-No_1472. County Tax'Map Parcel No. 1000-66-02-46 ea] No. 3621 — 7:45 p.mc DPP Application. ofMICHAEL So GILLILANV,foie V ariancc the Zoning Ordiiiince: a AWN` cle III, Section.,l',000 ac 2 f r r mission to coiisUruc e two-car garage'rih r nu area;(b)Article ission Gt' l l 119.2 for perm with an .n new dwelling' cient setback from blu n. and along the Long lslsind North S de Location of Property*" o�, of Sound Drive, Greene County Tax Map Parcel I 331-8; Map of Eastern Shores, Section Four, Lot No. 109. Appeal No. 3623 — 7:55 p•m. APP MAR- Application off P aTV riance to KOPOULOSrticle the Zoning Ordinance,• A Bulk III, Section 100-31, al No• Schedule, and prior Appe 3297 rendered December 13, 1g84, for approval °f familYJ struction of-a new-sing le `dwelling with an insuffcient westerly sideyard and insuff1- cient total sideYards at Lot#16, Captain Kidd Estates,along the south side of Sound Beaerh Deax , MattituckI Ny^County NOTICEOF HEARINGS NOTICE 1S.HERESY GIV- EN,pursuant.to Section 267 of COUNTY OF S U F FO L K the Town Law and the,Code of ss: the Town of Southold,.- ,the STATE OF NEW YO R K following public hearings will be held- by the SOUTH.OLD 'DOWN-BOARD OF APPEALS at a-Regular Meeting .at; the Patricia Wood, being duly sworn, says that she is the Southold Town Hall, ,Main Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Road, Southold, NY;,'on T1-IURSDAY'APRIL.23,,1987, I a public newspaper printed at Southold, in Suffolk County; at4the following times: and that the notice of which the annexed is a printed copy, 7:35 p.m.`Appeal-No:, 3546-, has been published in said Long Island Traveler-Watchman A'pplication..for .GREGORY FOLLARI for.a`Variance from once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . . weeks prior Appeal No.3507 rendered I / June 25,. 1986 to`permit the successive) commencing on the . . . . . . . . . . regrading,of area within'SO,feet _ y g • • • • • • • • • • • • ,. . of the. top of the .existing CC bank/bluff .along, the.-- Long • , , , • , . , . Island Sound in, accordap e d a 19 with NY.S..Department of En- vironm'ental..Conservation Per- r• mit No: 10-8671233 issued March . . . . . . . . . . . . . . . . . . . . 10, 1987. Location of Property: North Side of-Sound .Drive, Greenport,.."Map.:of, Section / Four-Eastern Shores",Lot,,No. j (9 117,Map No.,4586;County-Tax 8.05 p:m.`Appeal No. 3582' ; me this . . . . . . . . . . . . . . . . . . . . . day of Map Parcel No. 1000-331I-i5. / Application of LARRY AND 7:40,p.m. Appeal No. 3620- SANDRA STAHL for. a App'fication .-of THOMAS ' Variance to the Zoning`Or- . . . . . . . . . , 19 f . BALL for 'a'Variance to'the dinance, Article XI, Section- Toning Ordinance, Article i11, 100-119.2 for permission to con- Section 100-31; Bulk Schedule, struct swimmingpool,deck and for permission to locate"new fence enclosure,within 75 tidal wetlands or tidal.feet of water, dwelling with an insufficient set- i • . �, . �� . . . . . . . . . . . back from the east property line whichever is greater, at 1435 along Arshamomaque Avenue. West Road, Cutchogue, NY; Notary Public Southold, Map of Beixed'on County Tax Map Parcel No. BARBARA F012$ES Estates,Block 7,Lot,4,.County 1000-110-07-26. File No. 1472;County Taz Map 8:10 p.m. Appeal No. 3593- Notary Public, State of New York Parcel No.'1000-.66-02-46. - Application of THE QUIET No. 4806846 .7:45 p.m; Appeal,Nd. 3621-, MAN INN for a Variance to the Qualified in Suffolk County Application of MICHAEL S. Zoning Ordinance,Article VII, Commission Expires�.31 ig 9-F GILLILAND. for, VariancesJo Section 100-71, Bulk Schedule, the Zoning Ordinance:(a)A-Tti- for permission to construct ad- I cic.III, Section,100-32 for per.- dition in this "B-l" General ,I mission to construct..accessory Business Zoning District with an I j two-car garage.in the frontyard i insufficient frontyard setback area; (b) Article XI,I Section from the westerly property line 100-119.2 for permission- to along Hobart-Avenue.Property locate new dwelling with an in- Identification: Corner of Main sufficient'' 'setback from Road and Hobart Avenue, bluff/bank along.'tlie' Long Southold,NY.,County Tax Map Island Sound.Location ofiPro- Parcel No. 1000-62-3-7. perty: North' Side of.--Sound The Board of Appeals will 'I Drive, Greenport; NY; County ' hear at said time and place all Tax Map Parcel No.'I000-33=1'8;= e,, persons or representatives desir- Map of Eastern Shores,Section; 1, -'ang to.be heard in each of the Four, Lot No. 109..-,' • I- above matters.Each hearing will 7:55 p.m.'Appeal No: 3623- ! not start before the time allot- Application of � PETER ted. Written comments may be MARKOPOULOS . for ; a iI submitted prior to the conclu- Variance to the,Zoning Or- sion of the subject,hearing.For dinance, Article III, .Section more information, please call 100-31',Bulk Schedule,and prior 1 765-1809. Appeal No. , 329,7 rendered Dated: April 2, 19871. y" December 13, 1984,for'approval BY ORDER OF TH of the construction of a new SOUTHOLD TOWN single-family, dwelling with an BOARD OF APPEALS. insufficient westerly, sideyard- GERARD P. GOEHRINGER, and insufficient total sideyarcis CHAIRMAN at Lot No. 16, Captain Kidd Linda Kowalski, Estates,along the south side of Board Secretary Sound Beach Drive,Mattituck, � 1T-4/16/87(1) Southold TownDuard ®f Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971- TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. 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 i.s 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 question's , please feel frde to call our office , 765-1809 . Yours very tr I G1=RARD P . GOEHRINGER CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure n Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF, THE TOWN CLERK TOWN OF SOUTHOLD August-�13 , 1986 TO : Southold Town Zoning Board of Appeals FROM: Judith T . Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No . . 3546 application of Clarence Powell a/c 'Gregori Fol'ari for a variance . Also included is notification to adjacent property owners ; short environmental assessment form; letter relative to N.Y. S . Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department ; survey of property; and other orrespondence relative to this application. rit h T . merry Southold Town Clerk quCEIVED AUG 1 TOWN OF SOUTHOLD, NEW YORK APP%�qW OM DECISION OF BUILDING INSPECTOR APPEAL NO. Tawn Clerk �onc I� DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Clarence Powell A C 1, (We) Gre orj� Fol eri .....of .360...Robinson...Roe.(!.:................................ ................... Name of Appellant Street and Number Greennort - 11r Y� ....HEREBY APPEAL TO......................................................:............. ........................ Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...Anril 17. 1986 WHEREBY THE BUILDING INSPECTOR DENIED TO ............................................. Name of Applicant for permit of 931 Fairview Ave P Vrl Ridgp ,Tm, J-. ................................................................................................................................ Street and Number Municipality State (X ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .L�t..1.1. a.7..Sounc? Drive RP 1 ntitil Street Use District on Zoning Ma 1000 033 1 15 .....Current Owner Grpgori Fol ari /Vlap No....................................... .Lot No. '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 11.1. Section 100 11.9 2 3. TYPE OF APPEAL Appeal is made herewith for ( X) ' A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appea C(haDs (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit . (�) request for a variance and was made in Appeal No. .35.v ................Dated ......3 M.L . ..3.! �.. ........................ �. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X ) A Variance to the Zoning Ordinance is requested for the reason that This ar eal is being made to re Trade b-uild_in.g plot to conform with neighboring grades of existing resi.der.tinl d_-wellings Form zsi (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties oe-�-unneces- saryRHARDSHIP because UD011 nurchase of lot 1.16 in 1975, Christor;1jer acustomer, )lad s. similiar Situation -s occurs on jot Thete Was a. la-p e moirid oil dirt anpro�.,j,m tl y 6 or 8 foot higher Viat t0he terrai,zi kheie his ressdence is located. tlacl we not boe.- eble to re gracle his propertyl, he Would "I'We 3.0c1-:e01 out Of his living, roof w ud.ow into this mound., rather thou P. vie v of the ou�^?y . v ie ; was obvious his re�.son nurchasin the ;property. Again, Pars 1:1e1on T,andersp naiother customer, having purchased lot rr 1.1.8, in 1976 ras cOmpell.ed to rO' 10v0 a mound of dirt yearly as '- gh along her bluff to r;et a view of the soulid. The elavati.ons, o °6 Ise e 10 cats, 11.6 11 a was made with the th0u.,2�ht teat Whom ever v:ras to build on pl.ot#1 e ro.uld o1so -=' fk►a_rdshiP..created.iIJN_.IS�Ug��i is.LLo ,�sbared by all ro erties alike n t�iemeda vic-in-ity of:this-pr.oper-ty;,-cand-in-4has-use-.distr-ic:�--b,ec- uwse do the s"u-IP. Without QrC3i Ss t o13 to re grade fi.ile -oroper ty ter C t?i3 `C!3'I i 4i3.t-1 "V 2]G'i,;l't3^ri inn nroperties r Z_ooninr,, witbin the cG '€achtplr o2 the n o i ?uorhood, it will rnakp. V,Us r)ro-,)er"vv tivorth ess t s -*7aterfron t .rsrvoer! y. Tt is the o .ers intent ti-jat in, rp t rc.dinS-, no spoils .Tvill be pl,-ced- aver the bluff and all drainage og tine �roper-f,,.y swill be toward t1ae street. 3. " The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT. because in re would conform to the likne:ss of the other Properties and t :e d.osif;il of the bll ilding Would .conform with the exis1°in structures. This pcarcel is the last open building plat it the irrecl3szi;F area. STATE OF NEW YORK .[ ss ................. ........ ..... ..... COUNTY OF ) Signature Swornto this ..........1 .. ...................... day of............................. .............:.........,. 19 Notary Public DE YOE �Y)JOLK *Of No.4707878 Su�4folk Cow� Term Expires Memo 30,5=97 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER r YOU ARE HEREBY GIVEN NOTICE: 1. That i s the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ariance (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: P y- //-7 r„�1 Sr�-� Sc P -_;,..e I, o .( 3. That the property which is the subject of such Petition is located in the following zoni g district: 4. That by such Petition, the undersi ned will request the following relief: _, 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ILSection /00 //!z - a [ ] 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) 7d5-1809. 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: �nJ�G - Y7 7—e-> Petitioner Owners ' Names : Post Office Address r 'fit r''1 i'� -•• t,• ,.•�� f PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: r kl-.) 9 ,,-y/ residing at . being duly sworn, deposes and says that on t e 3 day of 19 OIG , 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 assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at E `? ; that said Notices were mailed to each of said persons by (certified) (register d) mail. Sworn to before me this day of , 19 T6 HELEN IL OE 110E 130— State of New York -� N�t�4707878,Sof elk 1Ca�wtt!►° / Notary Public Term Expires Much 30. (This side does not have to be completed on form transmitted to adjoining property owners.. ) file u. Y • 5 . rnvironmentaI (luality view o1ct: rccluirct: sub mission of i s forma and an envirunnter ' - 1 review vii 11 'be made by thii_ _oa d before y iken . •• ,;;;t,t.;,;:' ; .. �' r r any action _ a p" 1' S11ORT VIVIRON dENT.4t. Jf `' i 1+ ;� + (a) In order to answer the uestions •Sh this 1 ;t 'r l;''•!'"tJii� �r�,, q s short EAF is is asslr_ed that the '.;:; •; ,•' :."' �'., proparer will use currently available infor,--aticn concerning the Froject and •h. 'likely ispacts of the actions It is not a ectcd that addita •,,,. °re '' ''.;+;!Or other Investiaationn will be undertaken. ' erial studlo�, roeoarcta :.,,.t. •'•;'...7., ,;;;i'' .�;;t't'.',;r...�. i .a: 'tih•' .+..'.'. •'.l 'e: f,•.. .. .. .... '• ..�. ! '}y,: •,P.:S :!.^ ,1�:1.f:�7;�1i1�,i i. ._- ,� .; .,,•..ti.�F i.,`:'.e'er '. ,., ..... . ., .: .. : . ..:!• „', i.:, ;�'.:L'..7 Ii... �;. ;•1:;' ;;:',,�,•,�;+r'''.'` ••: (b� If any question has been answered Yes thn project rssy be significant-end a : t C°• :� �'• , leerrp?eted Envircnr:ental Assessment Form is necesza _ _ a ;.t'=rt..;it' If all questions have n answered No i• •, his ':.:';'' ';;:1:•..i:,;�:;;.;ii;:. t •.: 1,;' been a is like! tha '• 't. il+'ti•nc'' significant. Y �' t prO j9Ct i9 ail; .,�`� rig•; ,'t'::• .,:;`• :� •+ �•;, ,l; .;?... - (d) Enylrormental Anse-inmenL •t''. • `' ;., :,:; •.'!: ••is•.;v�.; r,.i��t;';; �'i,ii :Y : ::�� ; ;:3•; =: :;;; 1. Will project result in a large phyaica'1 change to the project site or physically alter more `� ,+ ; '•1:i.�� '',:. ,'°!:{' '1".. than to aCTC3 Of land • • • • • o • ° Yos ? ,: ;::;',`^ ,:`':;�� r�;•j''' i'• 2. Will there be a ma jor change to any unique or unusual land foal► found o the s ��. n h site'? • • ° ,l0' ?to ;,;; • • .' 3. Will project alter or .have a largo effect on •;,,.1'. '!•;;.•_r`.';', an existing body of water? o e 0 a is e • Ye.,3 ?to :;; ;t•ii,� " ' b. Wi?1 project havo a potentially largo impact, era `� "i`1:���'••. groundwater quality? • . ° /Y • • • • • • ° Yos Ito .0.1�%�. y. Will project significantly "effect drainage flaw %;ti.':` ;:�'• ' on ad jaconL sifts? • . o e . . . • • © Yos _ 6. Will project affect any threatened or endangered plant or ani.:al species? is is • • • • • 0 4YC9 110 7• 'dill project result in a major a'd•;orso effect on ;Ia air quality' ° 0 •!I '. 8. Will project have a major effect on visual chnr- _ `I actor of the co.=unity or scenic viewo or vistas y known to- be important to tha community? is Yes ,to ` 9• Will project adversely ir•:pact any alto 'or strace,-• t; urc of historic • p ro-historic, or paloontologlcul �':'• •,;: r importance or any site doeignotod as a critical 1` ' environmental area by a local agency? Yon �x No 10• Will project have a major effect cn existing -or future recreational opportunition7 • • • Yes �^ NO ,.. p . 11. Will project result in Arnim jor traffic probler:11 or cause a major effect to existing tronsportaticn a stens? o o o e Yes X !to 12. Will pro joct rcgulaa•1/ ,cause objectionable' odor---, noise, glare, vibration, or electrical disturt-i 'D ante an a result of the project':, operation? . Yes to 13• Will. project have any impact on public haaltil or safety'' ° . • e e . Yes 1L. wi!i project affect the existing corLm inity by directly causing a Srcwth in Per:^nnent popula- ticn of more tnan S percent over a ono-•yoar period ar have. a .:,a for n+:r;�tive effect on tr.e character of t e c,or:iunity :r r.,ai.;n;;orhocd,, , Yes t:0 15. Io there public eentr,:versy ec;lcer"1117 the ro •e_t' Ye9 f, :!o P!EPAAc:� i S°�:;+�TliiE R �r TT.-1�. ��• �p 9!1/18,�'`Tr''r• �"t �`�-t� _ DAI:S: 5,6 Ii • i I: . C (Tc:dal ' s Date) To: Southold Town Board of Appeals Alain Road Southold, NY 11971 Rc: Appeal Application of Location of Property: f(1 S P U, Dear Sirs: In reference to the New York State Tidal wetlands P,attd-Us Regulations, G NYCR , Part 661, aril .Article 25 of the Hew .`lork State- Environmantal Conservation Law, please be advised that t; subject property in the within apocal application : (plcm-ou cht_cv erne box) ( ] Ma.! be loc:tad within 300 feet of tidal wetland:; however, constructed along the water-lyinq edc,:. of this property is a bulkhead in very goc,d condition and at least 100 feet in •rlengt1- [ ] A1a_v be located within 300 Feet of tidal vietlancs ; however, constructed along the was -lying wine �� 7 0 0" this property is a bulkhead in ••need o= (major) repairs , and approximately feet in length. i� • i ] May be located within 300 feet of tidal Fretiands; however; constructed along the water-lying edrG ; of this property is a bulkhead less than 100 feet'.,. in length. ( May be. located within 300 feet or tid�il wetlands ; and thre is no bulkhead or colic_rtu wall e.:., on the premises . Is not located within 300' feet of tidal wetlands to the best of nIy knowledge . k (:; tarred itoms ididic aLe your property dock not appear to call within the jurisdiction of the N .Y.S . D. E. C. Sincerely your , (::L J;iatur� pleas`) NOTE: if proposed project falls wi011i.n D. E. C. jurisdiction , approval must be received anti sul;mitted to our office before your application can be schcduled [or a public hearing . FL0 YOrT, STATE DEPART21-1—T OF EITVI'?OI iM",' AL CO'NSE VLTIOF Regulatory Mfairs Unit Bldg. 40, SM-Y--r.-oon 219 Stony Brook, NY 11794 (516) 751-7900 ro 17A �l. Dear `d� fit,-�� • A review has been made of your uroposal tc Location: �« ��a �,� S, s� S s` CTH -000- 033 - / - l�r New York State Department of Environmental Conservation has found the ' parcel ✓project to be: Greater than 300' from inventoried tid,11 TTa"j_-:-a- Landward of a substantial man--made structura greater than 100' in length constructed prior to S:p.tusber 20, 1977; Landward of 10' contour elevation above nean sea level on a gradual, natural slope. ��andward of topographical crest of bluff, cliff or dune in excess . of 10' in elevation above mean sea level. Therefore, no permit under Article 25 (Tidal Fetlands of the EnviroTLmental Conservation Law) is required at this time since the current proposal is beyond State mandated jurisdiction pursuant to tliiS u • 7k1le-y any additional work or modifications to the projc—�r_ ,::;„ a It is your responsibility to notify this office,t such additional work or modifications are conte�:�l :ted. Very truly yc::`s,, Alternate permnit Ldrtinistrator C` H:DT'p:co's