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Home My WebLink AboutFOLLARI, GREGORYBOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1 ! 971 TELEPHONE (516) 765-1892 March 30, 1987 C. W. Powell P.O. Box 11 Greenport, NY 11944 Re: Gregory Follari - property located L.I. Sound on the N/S 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 Enclosure cc - Building Dept. Board of Appeals Henry P. Smith, President Southold Town Trustees .J March 26, 1987 FROM: RE: Don Dzenkowski Trustee Office Determination on the need of Wetland Permit Please make an on site inspection for a de- termination on the need of a wetland permit for the work proposed (see attached info). Please submit your report on this determination. DEC PERMIT NU/v~BER FACILITY/PROGRAM NUMBER,s) NE~"'~,,~ STATE DEPARTMENT OF ENVIRONMENTAL CONSE 'JN PERMIT Under the Environmental Conservation Law EFFECTIVE DATE ~/~ n/87 EXPIRATION DATE[s} N/A ~'---~ Article 15, Title 3; 6NYCRR 327, 328, 329: Aquatic Pesticides ~----~ Article 15, Title 5: Protection of Water F----] Article 15, Title 15: Water Supply '---T-t Article 15, Title 15: Water Transport 6NYCRR 608: Water Quality Certification j x j -- Article 17, Titles 7, 8: r-"-'--I __ SPDES I I Article 19: ~ Air Pollution Control* Article 23, Title 27: [-----I Mined Land Reclamation I I 3/9/89 Article 25: Tidal Wetlands N Article 27, Title 7; 6NYCRR 360: Solid Waste Management* Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management Article 34: Coastat Erosion Management -- Adicle: 15, Title 15: Long Island Wells f Article 15, Title 27: I Wild, Scenic and Recreational Rivers PERMIT ISSUED TO Gregory Follam' F--'-] Articte 24: Freshwater Wetlands N--New, R--Renewal, M--Modification, C--Construct (*only), O--Operate (*only) Article 36: Floodplain Management Articles 1, 3, 17, 19, 27: 37; 6NYCRR 380: Radiation Dontroi ADDRE55 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 i194~ NAME AND ADDRESS OF PROJECT/FACiLiTY {It different from Perm(ttee~ Long Island Sound on the N/S of Sound ur. LOCATION OF PROIECTIFACILiTY GreenpOrt jCOUNTY TOWN/~LXE"~'~ UTM COORDINATES Suffolk Southol d DESCR PT ;ON OF AUTHORiZeD ACT V TY Grade a !00'X55fx9' 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 I 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 ~egulatlons and the conditions specified herein or attached ·hereto. PF~4R~4,~T~I~NCE DATE I PE[~~. ~DpR£SS~ J/~u/~/ - j A~tre~ i. Kel/ar j~og. ~u SUNY Rm. 219 StoRy Brook AUTHORIZED SIGNATURE '4NY 11~4 .~ONAL GENERAL CONDITIONS FOR AR"~CLES 15 I[Titie 5), 24, 25, 34, .d,~':~h~"~ if future operations by t[~ State of New York require an ter~ion in the position of the structure or work herein authorized, or if, n the opinion of the Department of Environmental Conservation ~t s mil cause unreasonable obstruction to the free navigation of said wa ers or flood flows or endanger the health, safety or welfare of the people of the State. or cause loss or destruction of the natural res ~urces of the State, the owner may beordered by the Department to rep ore or alter the structural work, obstructions, or hazards caused 15 the 'ebv without expense to the State, and if, upon the expiration or re~)cation of this permit, the structure, fill, excavation, or other 16 mc Jification of the watercourse hereby authorized shall not be com- plel;ed, the owners, shall, without expense to the State. and to such extent and in Such time and manner as the Department of Environmental Co~servauon may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capaci~ of the watercourse. No claim shall be made against thelState of New York on account of any such removal or alteration. 17 That the State of New york shall in no case be liable for an,/damage or injury to the structure or work herein authorized which maw he caused 18 by or result from future operations undertaken by the State for the Gr~nting of this permit does not relieve the applicant of the responsi- bility of obtaining any other oermission, consent or approval from 19 the U.S. Arm~ Corps of Engineers, U.S. Coast Guard New York State Office of General Services or local government which may be required. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids sediments, fueb 36 and 6 NYCRR Part 6u~s'[ othel en, vironmentaIly deleterious materials assoc~a~ea with the prolect. 14. ^m material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodolain or deep holes that mav have [endenc'y to cause damage to navigable channels or to the banks of a waterway There shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense [o the State. and to such extent and in such time and manner as the Department of Environmental Conservation may require remove ali 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 if granted under Article 36. this permit does no~ signify in any way that the projec~ will be free from flooding. If granted under 6 NYCRR Part 608. the NYS Department of Environ- mental Conservation hereb~ certifies that the sublec~ project will no[ contravene effluent limitations or other limitations or standards under Sections 301. 302. 303. 306 and 307 of the Clean Water Act of 1977 {PL 95-217] provided that ail of the conditions listed herein are met. Al{ activities authorized by this permit must be in strict conformance with the approved plans submitted bv theapplicant or his agent as part of the permit application. Such approved plans were prepared 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. Ifa 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 gradin(. with beach plant species as specified by the Soil Conservation Service's letter. Supplementary Special Conditions (A) through (J) attached. 10+86-1233 T~iE FOLLOU!IIG ..O~I~xIOI~S SI2f~LL Z,?PLY IF CHECI~D AS APPLICABLE ~Y T~ P~GIOUAL PEP-~-~IT ~LOMtU,!STRATO~: x Ail dredging shall be conducted so as to leave a uniform bottom elevation free cf mounds or hole.~. All spoil material shall be disposed of either in the Atlantic Ocean or at an approved U.S. Govern~nent D~mping Ground, as directed by ~he District Engineer~ U~So 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 upls~nd site. All fill and spoil material shall be suitably contained at the work site so as to prevent its eroding, leaching or other- wise entering into adjacent wetlands amd waterways° Ail peripheral rip-rap berms', cofferdams, rock revetments, gabions, bulkheads, etc. shall be completed prior to placemen. of any fill material behind such structures. Ail repairs to existing structures shall be confined to re- placement of existing structural elements with no change ia design, dimension, or materials, unless specifically authorized herein. DATE: DEC # 3/10/87 10-86-1233 REGIONAL PERI.~IT AD~fINISTRATOR Division of Regulatory Affairs I~S De~t. of Environmental Conservation Bldg. 40, SU~, Room 219 Stony Brook, ~Uf 11794 (516) 751-7900 Page 4 of 4 1987 SOIL AND WATER CONSERVATION DISTRICT COUNTY OF SUFFOLK F)ETER F. COHALA~ eUFFOLK COUNTY EXECUTIVE Mr. Gerard P. Goehringer, Chairman Seuthold Town Board of Appeals Main Road Southold, New York 11971 June 11, 1986 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 howard the south. Regarding the bluff~ I found the bluff face well vegetated from approximately !2-15 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 connributing co 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 co 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 possible~ 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 concact the office. Sincerely, Thomas J. McMahon, Senior District Technician FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To ,~. · .0~. ,9, ,I. ~ ....... · ..-~ .~.~ .B ........................... · · ~/. ......... PL~B~ TAK~ NOTICE that your ~pplio~iio~ d~t~d ..... ~ ~ ......... 19 .~.~. Co~? T~ ~ No, 1000 S~ction ...O,~, 2 .... ~1oo~ ..... ~ ,~ ......Lot . :1. ~: ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~.,~'~ .'~. ~. ~/..~. 7.1/~. ~ .~.~..~...z ~.: ~...~...~.. ~...~:..~. .q. ~' '~ ~'~ ~'' '~' '~'~ ~" ~' '~" ~'~I .... - . ........... Building Inspector RV 1/80 Town Board of Appeals MAIN ROAD-STATE ROAD 35 SOUTHOLD. L.I., N,Y. 11~?1 TELEPHONE (516i 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3546 Application Dated August ]3, ]986 TO: Marie Ongioni, Esq. as Attorney for MR. GREGORY 218 Front Street Greenport, NY 11944 FOLLARI [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on June ]8: ]987, 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 [ ] Request for Variance to the Zoning Ordinance ~rticle , 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 3], ]986 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 ]0, 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 lO00, 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;' FO~ ZB4 June 18, 1987. (rev~ 12/81) CHAIF~, SOUTHOLD TO~FN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3546 Ma.tter ef GREGORY FOLLARI Decision Rende~, 1987 3. The subject premises has previously been vacant and is presently improved w~th a single-family.dwelling, constructed under Building Permit ~15255Z issued September 10, 19862 and pendins at this time. 4. The subject premises consists of a total area of 32,007 sq. ft., lot width of lO0 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- Tu~, ?.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(I) 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 regrade this area, the property would be worthless as waterfront property. No evidence has been submitted as required by the Courts to support this claim. nearly 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. 35027 is an alternative to that initially applied for. Such condi- tions must be--adqered to. Construction commenced and has and 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 relief upon in granting the prior variance.. 9(J 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 relie? as requested; ?age 3 Appeal No. 3546 Matter Qf GREGORY ~OLLARI Decision..Rendered Ju~e 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 ~s 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 No. 3546 in the Matter ~OLLARI, as applied. the relief requested under Appeal -- of the Applications of GREGORY Vote of the Board: Ayes: Messrs. Goehringer~ Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. lk GERARD P. GOEHRINGER, ~AIRMAN June 23, 1987 Z