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Home My WebLink AboutTR-5187Albert J. Krupski, Pl'csident James King, Vice-Pr.sident Artie Ken Poliwoda Peggy A. D'.'ek, ._.~o~36°' BOAttD OF TOWN TIIUSTEES TOWN OF SOUTI!OI,D Tm'. l, IIall 5;1(I,q5 l~ottte 25 [¥). B.x 1179 Now 'fork 11.971-0959 T.,,elqm,le ,f;311 765- [~t92 l".x U;311 765-1366 TO: FROM: DATE: RE: Gerard P. Goebringer, Chairman Board of Appeals Board of Trustees September 30, 2002 RAYMOND AKSClN SCTM#89-2-3,5.1 & 5.2 It has come to our attention that the above-referenced application is scheduled for a hearing before your Board on October 17th for Lot Waivers. The Board of Trustees has inspected the property and found the property to consist mainly of wetlands. It appears that the purpose of the "unmerger" is to create three building lots. The Board feels strongly that this area should not be built on. because this is an environmentally sensitive are;J. Thank you for your cooperation in this matter. 14:18 6,~176~906~ ZONINGAPPEALSBOARD : PaGE LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, OCTOBER 17, 2002 PUBLIC HEARING NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held before the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday~.October 17~ 2002, at the time noted below (or as soon thereafter as possible): 7:35 p.m. Appl. No. 5187 - RAYMOND..AKSCIN. This is a request for Lot Waivers under Section 100-26 to unmerge: (a} a vacant parcel of 20,000+- sq. ft. referred to as 1000-89~2-5.2, (b) a vacant parcel of 20,000+- sq. ft. referred to as 1000-89-2-3, and (c) an improved lot with 1.6+- acres of land remaining referred to as 1000-89-2-5.1. Based on the Building Department's April 12, 2002 Notice of Disapproval, corrected September 25, 2002, the properties have merged under Section 100-25 due to common ownership with the first lot at any time after July 1, 1983. Zone District: R-80 Residential. Location of Property: 105 and 265 Orchard Lane, and 1800 Cedar Beach Road, Southold; Cedar Beach Park Map Lot Nos. 25, 27 and 28. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: September 25, 2002. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (tel. 631-765-1809) ? C ,;'/':'~'~ "'. ('m~'. .. ~ ": "'~, .'.,- .¢. .~,,... .. ,-. . ,...~.~, . . ~,... ~",~.~ ~ . 71 ..~:';.....,,.:.'. ~' -'.' 1~:18 R- 31765906d ZONINGAPPEALSBOARD : PAGE Thank you nE¸ ,Ill ii ./:'lb_ A c-'7'H /~,?.4 L) Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 3, 2002 Town Hall 53095 Route 25 P.O. Box 1179 ~ootho[d, New York 11971-0959 Telephone (631) 765-1892 Fax (631'1 765-1366 NIL Robert E. Hcrrmann En-Consultanls, Inc. 1329 Nortb Sea Rd. Southampton, Nh' 11968 RE: FRANK & LOUISE MARCIGLIANO, CONTR.~,C'! VENDEES 1800 Cedar Beach Rd., Southold SCTM#89-2-3 Dear Nlr. ltemnann: ht regard to the above-referenced application for a v. eH.',ud pcrmil d:,led March 27, 2(102. and public heari.g dated April 24, 2002_, il is the Trustees Po!it> fllat w',cn a:: apl,lit, hr Tahles or Posq~ones all application for atO, reaso,:, th0' ha ;'e /bur ;,,,,mbs it, ac! before the applicalion becontes void and the), wouhl have to reapply. Please be advised that a new application must be sub,'nitled Ibr file p,'oposed project. If you have any questions, please den't besitate, lo cah Very truly yOUI'S, Albert J. l<hatpski, Jr. President, Board of Trustees AJK:lms FPOM : ENCONSULTANT~ PHONE NO. : 631 283 6136 Sep, 2] P002 10:39AM Pi 1329 North Sea Road Southampton. NY 119~B Phone: (631) 2838360 Fax: (631) 2.83-6136 Rob He~m~ann 765-1366 765-1892 Hearing Scfle~tu~ September 23, 2002 · Comments: Charlotte: Please continue to pes~ane Marcigliano and Strong's Madne but please schedule Debra Coady to be reopened Wednesday. Please call wi~ any questions and thanks, Rob Robe~ E. Herr'mann Coa~tal Management Specialist En-~onsultant~, Inc. Southampton, NY Phone: 631-283-6360 Fax: 631-283-6136 l=~nai~ rherrrmann@enconsultarti~.com FROM ; EHCONSULTRNT$ 1328 North Sea Road Southampton, NY 11968 Phone: (631) 283~360 Fa~: (631) 2~3-6136 Aug. 05 2002 05:08PM P1 i En-Consultants, Inc. Tm. Laure~ Standish 765-1366 Paaes: -t- 765-1892 Date~ Aug[sst 5, 2002 Rec August Meeting cC: [] Please I~,,ply [] Pler~e RePcycle · Comments- Laumn' AJ~ I will not be able to attend the Aug ~( 21~ meeting, please take the following actions on En-Censultants' applications: Donna Blanc. hard: Place her on the agenda, as I mailed ye. mvi.~e't plans Ihat coni~orm to what the Board asked for in April. Though Doona plans to offend tile meeting, pl~a.~e let me know ~h~ad of time whether the Tmsteee have any questions or problems in the event that I coqld address them prior to the week o1' the meeting. Ryc..k Koke: This is a new application for a bulkhead replaceme.t that should be ~traightforward. In my absence, however, Al Koke would like to discuss lhe application with the Board dudng the work session p~io[ to the publi~ agenda. Thas, would you kindly confirm that he can be scheduled for the Board's work session that night?. Coady: Please postpone until September, as we would like to respond to the many issues the Board raised at the July hearing. M.arcigliano & Strong's Marine Please continue to postpone both of these, as I am still awaiting additional information on each to forward to Ihe Board before we can reappear. Please call with any questions and to let me know about the work s~,.~sion. ThanEs, Rob Robert E. Herrmann Coastal Management Specialist Eh-Consultants, [nc. Souti~mpt~n, NY Phone: 631-285-6:560 Fax: 631-283-6136 Email: rherrmarm@enconsultan~.com FROM : ENCONSULTANTS 1329 NotCh Sea Road Southampton, NY 11968 Phone: (631) 283~360 Fax: (631) 2836136 PHONE NO. Tu[. 24 2002 12:01PM P1 I En-Cor s_ ultants, Inc. Zm. Chadoffe F~,~m: Rob t tenmnann ~ 7~1~ ~: -t- ~ 76~1892 ~ July 24, ~ 7~ ~jou~ ~ U~ ~ For R~ 0 ~m ~ 0 ~m R~ ~ PI~ R~de · Comments: Charlotte: Please postpone the reopening of the ~ Blanchard, and Strong's Marine hearings, as I am ~11 waiting for additional information to forward to the Board. Thanks, Rob Robert E. Herrman~ Coastal Management Specialist En-Consullants, Inc. Southampton, NY Phone: 631-283~6360 Fax: 631-283-6136 Emaih rherrmann@enconsultants.com F~OM : EHCON~IJLTANT'5 1329 North Sea Road Southampton, NY 11968 Phone: (631) 283-~360 Fax: (631) 2836136 PHONE NO. : E, Ei 283 6136 l!in-Consultants, Inc. M.su. Ii. 2002 L~S:]iPM P1 To: LaumrEChadotte From: Rob Herrmann Fax: 765-1386 Pages.' Ph~n~ 765-1892 Date¢ May 14, 2002 I~e:. Hearings next week (5/7_2/02) CC: [] Ur~jeflt [] For Rm.'iew [] Pleose Convnent [] PJe~s~ Reply [] PJe,~se Rec~Je · Comments: Laurefl/Chadotte: Regarding the hearings that were tabled last month, please be advised that~'e-~sl~he Board to postpone the re-opening of the headngs on both Marc~gliano and I~lanchard ~u,l~til June, We expect Grathwohl and Benic to be re.<)pened as planned, and I believe Strong's Madne is the only new headng we have on the agenda. Please fax me the agenda once it's prepared next week. Thanks, as always, Rob Robert E. Herrrnann Coastal Management Specialist Eh-Consultant, Inc. Southampton, NY Phone: 631-283-6360 Fax: 631-283-6136 ]{mail: rherrmann@enconsultan~,com To the Board of Town Trustees: SYDNEY S. BREESE, JR. 1700 CEDAR BEACH ROAD SOUTHOLD, L.I. NEW YORK 11971 May3,2002 [laving attended the Hearings on Wetland Application on Wednesday, April 24, I want to commend all of you for the patience ,politeness and competence you accorded all the petitioners. Thank you for a job well done. Comments on Proposal for Lot No. 25, Subdivision Map Cedar Beach Park, S.C. Tax No. 1000-89-02-03. On April 24~h, the petitioners displayed a splendid knowledge of the various plants, which occupy the lot, and they were insistent that there was a legal division between the wetland flora and the upland. That is all very well but the entire area is subject to flooding at high tides at various times of the year. The fact that these tides are sporadic means that upland plants are in fact nourished but it also means that the proposed structures will change the distribution of flood waters and increase the likelihood of greater overflow in our abutting property. Another fact, that should be considered, is the likelihood that under high tides the septic system will be partially submerged and might possibly release fecal coll. into the creek waters. Since Cedar Beach Creek is one which has no restrictions and also is directly connected to the shellfish plots under the S.P.A.T. program at the Comell Marine Science Cemer, it would be very detrimental to allow the possibility of such contamination. We hope that you will deny the petition. Sincerely, yoney ~./t~reese, J[ affd Elaine Breese 1700 Cedhr Beach Road, Southold, NY 11971 Telephone (631) 765-1892 Town H',dl, 5:{095 Main Road P.O. Box 1179 Southold, New Yo~k 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At t~e meeting of the Southold Town Conse~ation Advisory Council held Thursday, April 18, 2002, the following recommendation was made: Moved by Scott Hilary, seconded by Bob Ghosio, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Wetland Permit Application of FRANK & LOUISE MARCIGLIANO, As Contract Vendees, to construct a two-story, one-family dwelling on pilings; install a sanitary system, pervious driveway, drywell-drainage system, and public water service; establish a 50' wide non-disturbance/non-fertilization buffer adjacent to the tidal wetland boundary; remove existing driveway; and replant with native vegetation the approx. 1,150 sq.ft, portion of existing driveway located within the proposed buffer area. Located: 1800 Cedar Beach Rd., Southold. SCTM#89-2-3 The CAC recommends Disapproval of the application because of the following reasons: The proposed activity is within the wetland boundary. The proposed structure exists within the flooding of this area. The CAC recommends that the existing non-compliant roadway be removed to allow the wetland seed bank to be re-established. Vote of Council: Ayes: All Motion Carried Albert J. Krupski. President James King. Vice-President Henry.' Smith Artie Foster Ken Poliw0da Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631 ) 765-1892 Fex (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only wOaStal Erosion Permit Application etland Permit Application / Major Waiver/Amendment/Changes '~[~e~ed Application: ~Received Fee:$ ~- ~ompleted Application Incomplete SEQRA Classification: Type I Type II Unlisted Coordination:(date sent) ,~'IZAC Referral Sent~ ~Sate of Inspection: Receipt o1' CAC Report: Lead Agency Determination: Technical Review: --.,~ublic Hearing Held: Resolution: Minor Name of Applicant FRANK & LOUISE MARCIGLIANO, CONTRACT VENDEES Address25 OVERLOOK DRIVE. PORT WASHINGTON, NY 11050 Phone Number:(516 )883-1715 Suffolk Count5.' Tax Map Number: 1000 - 89-2-3 Property Location: 1800 CEDAR BEACH ROAD, SOUTHOLD (provide LILCO Pole #, distance to cross streets, and location) AOENT: EN-CONSULTANTS. INC. (If applicable) Address: 1329 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 Phone: 631-283-6360 ~oard of Trustees Applica{ ~n Land Area (in square feet): Area Zoning: R-40 GENERAL DATA 20,000 Previous use of property: VACANT RESIDENTIAL. Intended use of property: RESIDENTAIL, ONE-FAMILY DWELLING Prior permits/approvals for site improvements: Agency Date X No prior permits/approvals for site improvements. }las any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): CONSTRUCT A TWO-STORY, ONE-FAMILY DWELLING ON PILINGS; INSTALL A SANITARY SYSTEM, PERVIOUS DRIVEWAY, DRYWELL-DRAINAGE SYSTEM, AND PUBLIC WATER SERVICE: ESTABLISH A 50' WIDE NON-DISTURBANCE/NON-FERTILIZATION BUFFER ADJACENT TO THE TIDAL WETLAND BOUNDARY; REMOVE EXISTING DRIVEWAY; AND REPLANT WITH NATIVE VEGETATION THE APPROXIMATELY 1,150 S.F. PORTION OF EXISTING DRIVEWAY LOCATED WITHIN THE PROPOSED BUFFER AREA, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY JOSEPH A. INGEGNO, L.S., LAST DATED MARCH 19, 2002. Ooard of Trustees Ap~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: ONE-FAMILY DWELLING. Area of wetlands on lot: 4,700 square feet Percent coverage of lot: 23.5 % Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: 75 feet Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated.'? N/A cubic yards How much material will he filled'? $$0 cubic yards Depth of which material will be removed or deposited: +/-4 feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: APPROXIMATELY 350 CUBIC YARDS OF CLEAN SAND WILL BE CONTAINED WITHIN THE PROPOSED CONCRETE RETAINING WALLS TO ELEVATE SANITARY SYSTEM COMPONENTS TO THE REQUIRED ELEVATION ABOVE GROUNDWATER. Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): CONSTRUCTION OF THE, PROPOSED DWELLING WILL BE MITIGATED BY THE USE OF A PERVIOUS DRIVEWAY, INSTALLATION OF A DRAINAGE SYSTEM; AND ESTABLISHMENT OF A NON-DIS'UgRBANCE / NON-FERTILIZATION BUFFER ADJACENT TO THE TIDAL WETLANDS. APPROXIMATELY 1,150 S.F. OF PRESENTLY CLEARED AREA (BEING USED AS ACCESS TO SEPARATE PARCEL) WILL ALSO BE RESTORED THROUGH PLANTING OF NATIVE VEGETATION. THE PROJECT WILL BE CONSISTENT W1TH NEIGHBORING RESIDENTIAL CONSTRUCTION: CONFORM TO ALL WETLAND SETBACKS REQUIRED BY THE STATE DEC AND SOUTHOLD TOWN: AND WITH THE INCLUDED MITIGATION WILL [lAVE NO SIGNIFICANT ADVERSE IMPACTS ON THE AJACENT TIDAL WETLANDS. I' PROJECTI-D NUMBER 61721 SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I APPLICANT/SPONSOR: FRANK &: LOUISE 2. PROJECT NAME VIARCIGLIANO, CONTRACT VENDEES BY EN-CONSULTANTS, INC. 3 PROJECT LOCATION: Municipality SOUTHOLD County SUFFOLK 4 PRECISE LOCATION (Street address and road inter~ections, prominent landmarks, etc, or provide map) 1800 CEDAR BEACH ROAD, TOWN OF SOUTHOLD, SCTM #1000-89-2-3; MAP PROVIDED 5 IS PROPOSED ACTION [] New [] Expansion [] Modificatio~alterafion 6 DESCRIBE PROJECT BR,EFLY. ~ONSTRUCT A TWO-STORY, ONE-FAMILY DWELLING ON PILINGS; INSTALL A SANITARY SYSTEM, PERVIOUS DRIVEWAY, DRYWELL-DRAINAGE SYSTEM, AND PUBLIC WATER SERVICE: ESTABLISH A 50' WIDE 'dON-DISTURBANCE/NON-FERTILIZATION BUFFER ADJACENT TO THE TIDAL WETLAND BOUNDARY; REMOVE EXISTING DRIVEWAY; AND REPLANT WITH NATIVE VEGETATION THE APPROXIMATELY 1,150 S.F. PORTION OF EXISTING DRIVEWAY LOCATED WITHIN THE PROPOSED BUFFER AREA, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY JOSEPH A. INGEGNO, L.S., LAST DATED MARCH 19, 2002. 7. AMOUNT OF LAND AFFECTED Initially 0.459 acme Ultimately 0.459 ac~s 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS9 [~es [] No If No. describe briefly 9 WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT9 [] Residential [] Industrial [] Commercial [] AgdcuRure [] Park Forest/Open space [] Other 1 o. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNBING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [.~ N o If yes, list agency(s) aM permitJapprovels NYS DEC 1t DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? []Yes [] yes. list agency name and permitJapproval No 12. AS A RESULT OF PROPOSED ACTION VVILL EXISTING; PERMIT/APPROVAL REQUIRE MODIFICATION? Applic.~nUsponsor name RO~. ~. HERRMANN, COASTAL MGMT. SPECIALIST DAlE MARCH 22, 2002 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: FRANK& LOUISE MARCIGLIANO (CONTRACT VENDEES) SCTM#1000- g9-2-3 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trusuees CONSTRUCT A TWO-STORY. ONE-FAMILY DWELLING ON PILINGS; INSTALL A SANITARY SYSTEM, PERVIOUS DRIVEWAY, DRYWELL-DRAINAGE SYSTEM, AND PUBLIC WATER SERVICE; ESTABLISH A 50' WIDE NON-DISTURBANCE/NON-FERTILIZATION BUFFER ADJACENT TO THE TIDAL WETLAND BOUNDARY; REMOVE EXISTiNG DRIVEWAY; AND REPLANT WITH NATIVE VEGETATION THE APPROXIMATELY 1,150 S.F. PORTION OF EXISTING DRIVEWAY LOCATED WITHIN THE PROPOSED BUFFER AREA, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY JOSEPH A. INGEGNO, L.S., LAST DATED MARCH 19, 2002. 2. That Review-is follows: the property which is the subject of Environmental located adjacent to your property and is described as 1800 CEDAR BEACH ROAD, SOUTHOLD 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public co~ent on: April 24, 2002 You ma y contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. RAYMOND J. AKSCIN OWNERS NAME: C/O ASCIN'S NURSERY MAILING ADDRESS: BAYV~W ROAD SOUTHOLD, NY 11971 PHONE #: 631-765-3087 Enc.: Copy of sketch or plan showing proposal for your Convenience. 5 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: Raymond Akscin Cedar Beach Road Southold, NY 11971 Mark & Barbara Madden 45 Cecilia Drive Muttontown, NY li79±-3023 Sydney & Elaine Breese, Jr. Cedar Beach Road Southold, NY 11971 STATE OF NEW YORK COUNTY OF SUFFOLK ROBERTE. HERRMANN 1329 NORTH SEA ROAD SOUTHAMPTON, NY 11968 doing business atENq2ONSULTANTS, INC. · being duly sworn, deposes and says that on the 22~ day ofNL~RCH .20 02__, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addressesset opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Not~ces were mailed at the United States Post Office at SOUT~d~TON , that said Notices were mailed to each of said person by (certified) ~~) mail. ROBERTE. E Sworn to before me this. 22TH COASTAL MANAGEMENTSPECIALIST day o f MARCH ,2o 02 Notary PUtD lic U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) t~ Mark & Barba Madden ~i;~'t7 4q Cecilia Dri~ m~ .. Muttonto~, NY 11701-3023 U.S. Postal Serwce CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) m ........... Raymond Akscin ....... ,-1/os~r~,~,o~`- Cedar Beach ,Road I mi. . Southold N'~ 11971 ....... I U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ~¥ Petum Rece,pt Fee / ~ ,i~ Total Posta(le & Fees S .~ ~ ~ Sydney & Elaine Breese, Jr. ~[§i;~£'; Cedar Beach Road ........ Southold, NY 11971 .J To Whom ~t 5,1:~¥ Con~ern: l, Ray*nond Akscin~ own propexty located at 1800 Cexlar Beach Road, Sout~old, New York, bearing Suffolk County Tax Map No. 1000-89-2-3. I hereby authorize Louise and Frank Marcigliano, as contract vendees, and Eh-Consultants, Inc., theh' agent, to make application to any and all regulalo~ agencies for the purpose of securing any approvals necessary To construct a one-family dwelling and other improvements on the captioned property. This authorization in no way shall obligate the undersigned to be responsible tbr any costs related to, or incurred as a result o~ such applications. Dated: Albert J. Krupski, President James King, Vice-President Henry Smith .~rtie Foster Ken Poliwoda Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING j~ ~ ~c~- Eft-CONSULTANTS INC. SOUTHAMPTON, N.Y. 11968 being duly sworn, depose and say: That on the l(^ day of ~J , ~so~ posted~thet .£ property know~ as ~ l_ by placing the Board of Trustees official poster w.,~ i~t ca~n[~' easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the ublic hearing. Date of hearing noted thereon ~o be held Dated: ( szgnature~ ,~w~ Sworn to befo~ me this ~%m~_ day of O~J--~2002L Public B~d of Trustees Applicat/ County of Suffolk Stane of New York SWO~{ TO BEE,ERE ME THIS DEPOSES AlqD AFFIRMS THAT HE/SHE IS TI~E APPLICANT FOR ~E DESCRIBm P~IT(S) ~ ~T ALL STAT~S CO~Nm ~IN mUE ~ ~ BEST OF H!S/Hm ~O~GE ~ B~L~. ~ ~T ~L WO~ WILL BE DONE IN ~ ~R SET FOR~ IN ~S ~PLICATION ~ AS ~Y BE APPROVED BY '~ SOb'z~O~ TO~ BO~ OF ~USTEES ~ESS ~ ~E ~OM ~ ~ ~L D~GES ~ C~MS ~ISING ~ OR BY VIR~ OF SAID P~IT(S), IF G~D. IN COMPLETING ~IS ~PLICAT!ON, I ~EBY A~ORIZE ~ ~USTEES, ~EIR AG~(s) OR ~P~S~ATI~S(S), TO ~ O~O ~ PROP~ TO INSPECT ~E PP~41SES IN CON~CTION WI~ ~ OF ~IS APPLICATION. DAY OF ~=~ No. 4991394 Quailed in Westche~ter County Certificate Filed in Westchester County C~mrr~i~o~ ~xnires Feb. 3, 20 ~__~. ~rd of Trus~e~r Appiica~ {prLn~ owner 0£ property; ~ma~i~n~ ad~ress; do hereby aunhorize (Agen:) to apply fur permi%ls; from the Southcld Beard of Town Trustees on my Den=__. ( ~wner ' s APPLICANT The Town of Southold's Cods of Ethics prohibits conflicts of lntsresb oma the part of town officers and enjLoloyees. The p_~_rposs of this form is to .provide in]formation which call alert tile town of possible conflicts of interest and allow it to take whatever action is necsssar~ to avoid sams. (Last name, flrmt name, middle initial, you ars applytn9 In the name_ of momsons other entity, such a~ a company. If ~o, the othe~ pereon'e or company'~ name.) Indicate NATORR OF APPLICATION: (Ch~_ck all that apply. ) Tax grievance Variance % change of zone Approval of plat . E~empt{on from plat o~ official map Other (fl "Other," name the activity.) Do you pernonally (or through ~our company, apoune, n{bltng, parent, or cbt]d) have a relntion~lm{p with any officer or employee of Ehe Town of 9outhold? "Relationship" includes which tile town officer or employee has even a partial ownership of (or employment b~} a corporation in which time town o££1cer or employee owns more than 5% of tile nharee. ~ YgS NO if you answered "YES," complete [he balance of [hie form and date and ~iHn where indicated. EN-CONSULTANTS, INC. 1329 North Sea Road Southampton, New York 11963 631-283-6360 Fax: 631-283-6136 www.enconsultants.com ENVIRONMENTAL SERVICES March 25. 2002 Town of Southold Board of' Trustees Post Office Box 1179 Southold. New York 11971 Attn.: Lauren Standish Re: Frank & Louise Marcigliano, Contract Vendees 1800 Cedar Beach Road, Southold SCTM # 1000-89-2-3 Dear Ms. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: 3. 4. 5. 6. 7. Three (3) Wetland Permit Applications, ( including Notice and Proof of Mailing to adjacent owners). Three (3) Short Environmental Assessment Forms. Three (3) copies of authorization & disclosure forms. Three (3) work plans. Three (3) copies of survey. One (I) set of site photographs. Application fee of $200.00 wetlands. I trust this information shall allow you to process our permit request. Should any additional information be required, please do not hesitate to contact our office. Sincerely, Robert E. Herrmann Coastal Management Specialist /khs Eric. PATRICIA C. MOORE Attorne5 at Lay. 51020 Main Road $outhold, Nexx York 11971-4616 Te1:(631)765-4330 Fax:{631)765-4643 December 12, 2002 Board of Town Trustees Town of SouEhold 53095 RouEe 25 P.O. Box 1179 Southold, NY 11971 Re: Frank & Louise Marcigliano, Contract Vendees 1800 Cedar Beach Road, Southold SCTM # 1000-89-2-3 Dear Ladies/Gentlemen: Please be advised that The surveyor has completed the s~aking of the above referenced premises. Enclosed please find a copy of the survey. The premises is ready for your inspection. Please advise me when you will be inspecting same. If you need anyuhing else, please do not hesitate Eo conEact me. Thank you. Very [~uly yours, ' "g Patri~ia C. Moore PCM/mr Enc. Comments- Lot 25 Subdivision Map Cedar Beach Park S.C. Tax No. 1000-89-02-03 Sydney.& Elaine Breese The Owners of the directly abutting property to the south of the subject lot, Sydney and Elaine Breese disapprove of the proposed work for the following reasons. · With four feet of wall showing above grade the septic field retaining wall is a "structure" and should be made to comply with property line setbacks, as all structures are required to. The proposed leaching field is 40" x 60'r~or 2,400SF in area. It extends below grade a minimum of 2'-8" (2.75 feet). In a flood, this piece of the proposed project will displace approximately 6,600 cubic feet of water below grade as well as approximately 1,200 above grade depending on water levels. This water will be displaced into the abutting properties causing greater flooding in those properties. · The footings of the proposed septic field are over 6" below the water table line. This is in the relatively dry period of late June, when the soil test was taken. The excavation work required to pour a concrete footing wall below the water table elevation will effect land outside &the property line of this property and on the property of abutting Lot 26. An "Edge of Wetlands" line has varYing definitions involving species of vegetation, habftats, and actual surface water. Another consultant might set the "Edge of Wetlands" line considerably further east and south &the one depicted on the Site Plan. Spot grades shown on the Buffer Zone as delineated vary from 3.3 to 4.7. Spot grades within the footprint of the proposed building envelopes (house and septic) never exceed 4.7. This means that there is no change in topography from the wetland through the building envelope and to the road. An artificial embankment would exacerbate the flood water displacement issue first mentioned. The property area outside of the wetland and its required minimum buffers is approximately 5,300SF The combined footprint of the proposed house and septic field is 3.300SF: this is more than 60% lot coverage. A two-story building including possible 1,800SF of interior space with 1~t Floor (~ El. 8'-0" will have a 2na Floor elevation of roughly El. IT-0". The roof will begin at roughly 25'-0" and dependmg on the roofpiteh will end up at El. 26'-6" to 38'-0". The outcome of this exercise by the surveying company only proves very clearly what is also obvious on the basis of common sense: which is that the subject lot is a flood plain and an integral pan of an already challenged wetland system that is protected by State Law. We have wimessed and photographed the regular flooding &this area in our 38 years of year round use of the abutting property. We have seen the environmental agency cease and desist an earlier attempt to build on this lot. And we understand the warrant of the conservation authorities to be the prevention of exactly this kind of development. We look forward to assisting these agencies in any way we can in seeing that the state laws that protect our environmental resources are properly enforced. Comments on the Proposal for Lot 25,Subdivision Map Cedar Bach Park S. C. Tax No. 1000-89-02-03 1. This area is mainly marshland subjected to considerable flooding in times of high tides and northeast storms and hurricanes. The map prepared by the surveyor has elevations listed from N.G.V.D. 1929 datum and Wetland protected area of 11-16-91. Pictures are available of flood waters taken from our house which show water completely flooding beyond the present dirt road and over into Lot 2fi Water has flooded over to our driveway and across Cedar Beach Road. In thct, on one occaision, water entered over our patio and into the house. 2. The flooding prevents damage to our house and to the lower level of the Akscin house. The placement of a retaining wall in the comer of the lot to surround the septic system would lead to possible diversion of more water on to Lot 26. At its highest the septic system might be completely under water and might lead to improper dispersal of the wastewater 3 The test hole data indicate only 2.2 feet of sand and loam and dark brown clayey loam. Below that is water. It would seem that the construction of the retaining wall and the insertion of the posts to support the residence would be difficult. What will support the retaining wall footers and how deep will the posts have to go to be firm? 4. It would also seem that the septic system would be very quickly contaminating the underground water level and would have consequences in the health of the marshland. 5. Connection to the water line will have to be done under water, is that a consideration? 6 The proposed drywells will probably be as full of water most of the time as the three placed on the other side of Cedar Beach Road by Southold Town Highway department several years ago. 7. The elevations listed in various portions of the property seem to be somewhat u~realistic: a bit too high. 8. We have lived here since 1965- an earlier attempt to build on this property was turned down. Have the rules been relaxed in such a way that would now allow it? 9. Not too many years ago at the time ora mid-December Northeaster storm, the floating part of the pier to the East was raised to the height of the fixed walkway. The water was so high it came into our house, flooded up to our driveway and across Cedar Beach Road to the driveway of the house across the street. There was no visible land all the way across Cedar Beach to the South Fork. Submitted by Sydney and Elaine Breese *~, oo ~o~ - , _- - ~ ,' ,.. ?..:~ I, ~'~ ' ~. ' ,. l l~{{!ll , u0· ~ ~ ~) . Ou, ~ ~ d ei ·. ,,// ~, , e~° ~ o /