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HomeMy WebLinkAboutDOROSKI, GARY (2)BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 MaLn Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 May 10, 1985 Mr. Gary Doroski 425 Monsell Lane Cutchogue, New York 11935 Re: Wetland Application Dear Mr. Doroski: The following determination was made by the Board of Trustees at their meeting held on May 1, 1985: Whereas, Gary Doroski applied for a variance under Section 100-32 for an accessory storage building an an area other than the required rearyard 53+ feet from the high marsh and 31 feet from Monsell Lane, Cutchogue, and received conditional approval on Pebruary 2, 1985. Additionally he received N.Y.S. Dept. of Environmental Conservation approval for the same location on April 9, 1985, and on April 1, 1985 Local Law #6 was filed with the Secretary of State. Mr. Doroski was ready to finalize his building permit application, which was originally filed September 21, 1984, and was referred back to the Z.B.A. and conssquently to th~ Board of Trustees for approval. The Trustees, after careful consideration waivered ~he application as submitted. Very truly yours, Board of Town Trustees HPS:ip cc: Zoning Board of Appeals Building Dept. Trustees File~-/ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 April 18, 1985 Charles T. Hamilton Alternate Regional Permit Administrator N.Y.S. Dept. of Environmental Conservation B~ilidng 40, SUNY - Room 219 Stony Brook, New York 11794 Dear Mr. Hamilton: Enclosed is application-of Gary Doroski for a Wetland permit to construct an accessory building..' TELEPHONE -'f516' 765-1892 This project is unlisted and our initial determination of non-significance has been made and we wish to coordinate this action to conform our initial determination in our role as lead agency. May we have your view on.this matter. Written comments o~9~is project will be received at this office until May 8, ' We shall interpre~ your lack of response to mean there is no objection by your agency. Very truly yours, Enclosures HENRY P. SMITH, PRESIDENT BOARD OF TOWN TRUSTEES I!ene Pfifferling Secretary to Board cc: Commissioner Williams Southold Town Building Department BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 April 18, 1985 TELEPHONE -'(5161 765-1892 Mr. Frank Cichanowicz, iii, Chairman Southold Town Conserva%ion Advisory Council Southold Town Hall Southo!d, New York 11971 Dear Mr. Cichanowicz: Transmitted herewith is application nol 263 for a wetland permit submitted by Gary Doroski. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, HENRY P. SMITH, PRESIDENT BOARD OF TOWN TRUSTEES Ilene Pfifferling Secretary to Board Attachment TELEPHON~ --(516) 765-3.892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 April 18, 1985 To Whom It May Concern: Attached hereto is a Short Environmental Assessment Form submitted by Gary Doroski in connection with his application for a Wetland Permit to construct a accessory building within 53 ft. of marsh edge on property located at 425 Monsell Lane, Cutchogue. Henry P. Smith, Presidenu Board of Town Trustees Posted: April 18, 1985 BOARD OF TOWN TRUSTEES - ~ TOWN OF SOUTHOLD SHORT ENVIRONMENTAL ASSSSS~ENT FORM Project Information (To be completed by Applicant or Project sponsor) Initial y ~r~c~ ~ ~cl / ~ Ultimately 10. Yes [] No tf yes, list agency name and permit]approval type Does uon,~m~volve a permiqaDoroval, or fundin& now or ult~mat~ v. from any other governmental agency (Federal. state or Iocal)f es [] No If yes, list agency(s) and permit/approvals CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE PART I1 Environmental Assessment (To be completed ~y Agency) C6. Secondary. cumu. at ye. or other effects not ~dentified n C1-C6~ LxDlain briefly. ART III Determination of Significance {To be completed by Agency) INSTRUCTIONg: For each adverse effect identified abovej determine whether it is substantial .arge, im[~ortant or otherwise significant. Each effect should be assessed in-connection with-its ia) settin8 0.e. urban or rural]; (h) probability of occurring; Lc) duration; (d) irreversibility; (e) geographic scope: and if) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contai: sufficient detail to show that all relevant zdverse impacts have been identified and adequately addressed [] Check this box if you have identified one or more potentially large or s~gnificant adverse ,mpacts which MAY occur. Then proceed directly to the FULL/LONG FORM EAF and or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the p~oposed action WILL NOT result in any significant adverse enwronmental impacts AND provide here. and on attachments as necessar% the reasons supportng this determination: Southold Town Board of Appeals HAIN ROAD- BTATE ROAD 25 ~nUTHOL. D, L.I, N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN JR, ROBERT J. DO~GLASS JOSEPHR. SAWICKt TO: FROM: Jay P. Schondebare, Councilman-Chairman'.- . Zoning Code Committee (/ ~ Jerry Goehringer DATE: May 3, 1985 SUBJECT: Local Law #4-1985 "Wetlands Setback Restrictions" Dear Jay: At our Regular Meeting of May 2, 1985, the board discussed the necessity of applicants who have received variance approvals for a particular location of structures to be required to return for a second variance since Local Law #4 was passed subsequent to his initial variance approval. Gary Doroski applied for a variance under Section 100-32 for an accessory storage building in an area other than the required rearyard 53± feet from the high marsh and 31 feet from Monsell Lane, Cutchogue, and received conditional approval on 2/14/85. Mr. Doroski received N.Y.S. Dept. of Environmental Conservation approval for the same location on April 9, 1985, and on April 1, 1985 Local Law #4 was filed with the Secretary of State. Mr. Doroski was ready to finalize his building permit application, which was originally filed 9/21/84, and was referred back to the Z.B.A. (and the Town Trustees) for additional variance and applica- tions. Page 2 Memorandum To: Jay P. Schondebare, Chairman, Zoning C6mmittee Re: Local Law #4-1985 "Wetlands Setback Restrictions" The Board members have requested that a recommendation be sent to the Zoning Code Committee to c~nsider grandfathering or exempting this particular project at Monsell Lane, Cutchogue. Additionally, the Board of Appeals would like to place in the record their objection of the requirement of Local Law #4 for each applicant to apply not only to the Town Trustees but also to the Z.B.A. for the same relief. It was thought that one of the two departments within the town could consider these applications administratively and the other in an advisory manner (one public hearing vs. two hearings, etc.). Wetland criteria does not necessarily coincide with zoning and therefore the board does not understand why we are a part of this hearing process. We are hoping this can be resolved in the Code Committee. The regular meeting of the C~se~vation Advisory Council- was held at 7:30 p.m. on April 23~ 1985 at Southold Town Hall Main Road, Southold. Present were: Frank Cichanowi~z - Chairman Robert Hood John Tuthill Betty Wells Martin Garrell On motion made by Frank Cichanowicz, seconded by Martin Garrell RESOLVED to recommend to the Town Trustees approval of the wetland application 9258 submitted by Costello Marine for Ingeborg Mueller to construct catwalk, ramp, floating dock with associated piling. Mattituck Inlet, Mattituck. Vote of Council: Ayes: Ai~ On motion made by Robert Hood, seconded by John Tuthill RESOLVED to recommend to the Town Trustees approval of the wetland application 9259 submitted by Costello Marine on behalf of Joseph Moisa to construct catwalk~ramp, floating dock with associated piling. Mattituck Inlet, Mattituck. vote of Council: Ayes: Ail On motion made by Robert Hood, seconded by Martin Garrell RESOLVED to recommend to the Town Trustees disapproval of the wetland application ~260 submitted by Agigail A. Wickham on behalf of Sue Hanauer and Joan Bagley to construct a single family dwelling. They would be building on fresh water wetlands, which would contaminate the wetlands. It would be a definin~e destruction of the pond. There is not enough land to support a house. Hummel's Pond, Southold. Vote of Council: Ayes: Ail On motion made by John Tuthitl, seconded by Frank Cichanowicz RESOLVED to recommend to the Town Trustees approval of the wetland application #261 submitted by Ralph Stocker to construct bulkhead, place two floats parallel to bulkhead and dredge and utilize spoil as backfill. Snug Harbor Rd. Greenport. Vote of Council: Ayes: Ail On motion made by Martin Garrell, seconded by Betty Wells RESOLVED to recommend to the Town Trustees approval of ~he wetland application ~262 submitted by John Kramer to construct bulkhead and dredte. Sterling Creek, Greenport. Vote of Council: Ayes: Ail On motion made by Frank Clchanowicz, seconded by John Tuthill RESOLVED to recommend to the Town Trustees approval of the wetland application ~263 submitted by Gary Doroski to build accessory building within 53' of marsh edge. Monsell Place, Cutchogue. Vote of Council: Ayes: Ail Respectfully submitted, ne Rousseau Secretary MAY 1, 1985 MEETING Lead Agency Declaration for Gary Doroskl. RESOLUTION - 19 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 Gary Doroski for a Wetland Permit on certain property located at 425 Monsell Lane, Cutchogue. BOARD OF )'Og'N TRUSTEES TOWN OF SOUTHOLD Towr/Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHON~ {516) 7~5-i892 AP~I. iCATION ]310. <~ & ~ DATE OF API3LI=ATIOH NO HEIGHT ABOVE HIGH WATER ~( DEPTH BELOW LOW WATER MANN£R IN WHICH MATEI~IAL WILL SE FT, ANY KNOWN PRIOR OPERATIONS CONDIJCTED ON THE PREMISE__~_~c~--~..~ ..... DESCRIBE FULLY THE REHABILITATION AND PROPOSED CONDITION OF TME PREMISES AFTER TME WORK IS COMPLETED~LNCLUDE AN ADDITIONAL S~VEY OF~ WRITTEN CONSENT OF THE OWNER OF THE PROPERTY, IF NOT THE SAME AS THE APPLICANT. COUNTY OP SUFFOLK ) STATE OP NEW YORK )SS: AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS KNOWLEBGE ANB BELIEF, THAT THE WORK WILL BE BONE IN THE DAY OF ~//~.6' EXAMINED APPROVED ~'WETLANDS" PERMIT (CHAPTER 97) APPROVED "BOAT,DOCKS. WHARVES" PERMIT (CHAPTER DISAPPROVED "WETLANDS FERMIT" (CHAPTER 97) (CHAPTER 32) EXAMINING BODY SIGNATURE OF CHAIRMAN COMPUTATION OF FEES Approved 2/27/85 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PERMIT UNDER .THE ENVIRONMENTAL CONSERVATION LAW L~ ARTICLE 15, fProtection of Water) [] ARTICLE 25, (Tidal Wetlands) ARTICLE 24, (Freshwater Wetlands) [] ARTICLE 36, (Construction in Flood Hazard Areas) PERMIT ix D. 10-85-0006 PERMIT ISSUED TO Gary goroski ADDRESS OF PERM)~iTEE 425 Monsell Lane, Cutchogue, NY 11935 LOCATION OF PROJECT ISection of stream, tidal wetland, dam, buJ]diag) 425 Monsell Lane, Mud Creek, Cutchogue DESCRIPTION OF PROJECT Construct a 20' X 20' accessory building approximately 53' landward of the high marsh as per supplied plan received ~ecember 12, 1984. Building will be located 18' north of existing house. COMMUNITY NAME (City, Town, Village) J TOWN Cutchogue J Sou,hold COUNTY FIA COMMUNITY NO. J DAM NO. I Suffolk GENERAL CONDITIONS 1. The permJttee shall file in the office of the appropriate Regional Permit Administrator, a notice of intention to commence work al least 48 hOUrS in advance of the time of commencement and shall also notity him promptly in wr[tiag of the completion of the work. 2. The permit,et work shall be subject to inspection by an authorized representative of the Denartment of Environmental Conservation who may order the work susoendod if the public interest so requires. 3. AS a condition of the issuance of this permit, the applicant has ac- cepted expressly, L/F the execution of the application, the full legal respon- sibility for all damages, direct or indirect, of whatever nature, and by whom- ever suffere,d, 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 description resulting from the said project. 4. Any material dredged in the ~rosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of the waterway or flood plain or deep holes that may have a tendency to cause injury to navigable channels or to the banks of the waterway. 5. Any naterial to be deposited or dumped under this permit, either in the waterway or on shore above high-water mark, shall be deposited or dumped ~t 'the locality shown on the drawing hereto attached, and, if so prescribed thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 6. There shall be no unreasonable interference with navigation, by the work herein authorized. 7. That if future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause, unreasonable obstruction to the free navigation of said waters or flood.flows.or endanger the health, safety or welfare of the people of the State, or loss or destruction of the natural resources of the State, the owner may be ordered by the Depart- ment to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State; and if, upon the expiration or £evocation of Ibis permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners shal.o without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fil and restore to its forme~ condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. JPERMIT EXPIRATION DATE December 31, 1986 8. That the State of New York shall in no case be liable for any damage or injury to the structure or WOrK herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or righl to compensation shall accrue from any such damage. 9. That if the display of lights ann signals on any work hereby authorized ~s not otherwise provided for by law, such lights and signals as may be pre- scribed by the United States Coast Guard shall be installed and maintained by and at the expense of the owner, 10. All work carried OLrl under this permit shall be performed in accor- dance with establ 'shed engineering practice and in a workmanlike manner. 11. If granted under Articles 24 or 25, the Department reserves the right to reconsider this approval at any time and after due notice and aearing to continue, rescind or modify this permit in such a manner as may be found to be iust and equitable. If upon the expiration or revocation of. this permit, the modification of the wetland hereby authorize¢ has not been completed, the applicant shall, without expense to the State. and to such extent and in such time and manner as the Department of £nvironmentalConservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 12. This ~ermit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others ro perform the permitted work or as authorizing me impairment of any rights, title or interest in real or persona~ property held or vested in a person not a party to the permit. Ig. The permittee is responsible for obtaining any other permits, ap- provals, lands, easements and rights-of-way which may be required for this project. 14. If granted under Article 36, this permit is granted solely on the basis of the requirements of Article 36 of the Environmental Conservation Law and Part S0O of 6 NYCRR (Construction in Flood Plain Areas having Special Flood H~zards -- Building Permits) and in no way signifies that the project will be free from flooding. 15. By acceptance of this permit the permittee agrees that the permit is contingent upon strict compliance with the specia conditions ox the 9g-~p-4 (9/7g) (SEE REVERSE SIDE) SPECIAL CONDITIONS 16. In order to protect, the values of the affected wetland a permanent vegeta- ted buffer zone shall be pr~serve~. There'shall be no disturbanc~ to the existing natural vegetation or topography within an area extending 50' landward of the wetland boundary indicated by: high marsh. SEE ATTACHED CONDITIONS A - J PERMIT ISSUE DATE Alternate I PERMIT ADMINISTRATOR . J^DDRESS Bldg. 40, SUNY--~oom 219 I April 9, 1985 David DeRidder'~//~~ Stony Brook, NY 11794 FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT ToWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ............................... Date ....~ ...... 17 .,19 ~~ ~ ~.~. ~....~-....i ...... .. ~..~.g,'. ~ PLEASE TAKE NOTICE that your application dated ..... ~ .. ~ ~ ........ 19 ~.~ ·. ~o~,~o ~o,~,~,...G. ~..~5 ~ ............... ~ County T~ Map No. 1000 Section ...~ .~ ..... Block ..... ~ ........ Lot ...~.~ ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and d~approvea on the follow~g ~ounds' '~'~ ' ~' '~'~ . .t. ~ ~.,a .... ~.~..~~. ~. ~.~ ~-.q..q. ~ ~.. ~~.. ~.~.~~ ........................................................ Building Inspector RV 1180