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Southold Town Board o£Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOI-D, L..I., N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3687
Application Dated 0ct0ber 27, ]987
TO: Stephen R. Angel, Esq.
Esseks, Hefter & Angel
as Attorneys for JON C. KERBS
P.O. Box 279
Riverhead, NY 11901
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on June 2, ]988,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[X] Request for Variance to the Zoning Ordinance
Article X! , Section ]00-]]9.28
[ ] Request for
Application of JON C. KERBS f6P ~h interpretation and, if necessary,
Variance under Article XI, Sec~on 100-119.2 of the Zoning Code, for per-
mission to locate building 75 feet from the N.Y.S.D.E.C. determined
tidal wetlands line as approved under D.E.C. Permit #10-86-0092 and in
accordance with Town Trustees Wetland Permit No. 373 conditionally
approved June 25, 1987. Location of Property: East Side of Narrow
River Road, Orient, NY; County Tax Map Parcel No. 1000-27-2-5.
WHEREAS, an application was filed on October 27,
1987 in the Matter of JON C. KERBS under Appeal No. 3687; and
WHEREAS, public hearings were held on March 17, 1988
and April 14, 1988 concerning the request for an Interpretation
and, if necessary, Variance under the Provisions of Article XI,
Section 100-119.2(B) of the Zoning Code; and
WHEREAS, the Board has carefully considered all testi-
mony and documentation submitted concerning this application; and
WHEREAS, on May 17, 1988, Local Law #15 of 1988 was
adopted by the Southold Town Board; and
WHEREAS, Local Law #15-1988 amended the provisions
under Section 100-119.2, subsection B of the Zoning Code, to
exclude those projects which are upon "lands not bulkheaded
and are subject to a determination by the Board of Town Trustees
under Chapter 97 of the Code of the Town of Southold"; and
WHEREAS, notification has been received that Local
Law #15 was filed with the Secretary of State on or about
May 25, 1988; and
WHEREAS, the subject premises is not bulkheaded
and has received conditional approval from the Southold Town
Trustees under Permit #373; and
(CONTINUED ON PAGE TWO)
DATED: June 6, 1988.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 Appl. No. 3687
Matter of JON C. KERBS
Decision Rendered June 2,
1988
WHEREAS, it has been held in the Courts that the
law that exists at the time of a decision will apply [Alscot
Investing Corp. v. Rockville Centre, 99 AD 2d 754, 471 NYS2d
669 (1984, 2d Dept.]; (Aversano v. Two Family Use Board, 117
AD 2d 665, 498 NYS2d 403 [1986, 2d Dept.]); [Cathedral of
the Incarnation v. Glimm, 61 NY 2d 826, 473 NYS 972, 462 NE2d
149 (1984)];
NOW, THEREFORE, on motion by Mr. Goehringer, seconded
by Mr. Grigonis, it was
RESOLVED, that for the reasons noted above, this
Board is without jurisdiction to act on this application, as
applied.
Grigonis,
adopted.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Douglass and Sawicki. This resolution was duly
lk
G~ ~ ~~, C~AIRMAN
RECEIVED AND FILED BY
THE SOUTHOLD TOWN C~.I~
DATE&' ~'-,F~ HOUR q:oo a~
Town Clerk, Town of Southold
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the
Town Law ano the Code of the Town of Southold, the following
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS
at a Regular Meeting at the Southold Town Hall, Main Road,
South~ld, New York, on THURSDAY, MARCH 1'7, 1'988 at the follow-
ing times:
7:30 p.m. Appl. No. 3714 DALE MAYNARD. Variance
the Zoning Ordinance, Article III, Section lO0-31, Bulk
Schedule, for approval of the insufficient area ~nd width
of two parcels as approved by the Planning Board in the
subdivision known as "Seawood Acres-, Section I", Filed
~0
Map ~o. 2575. Location of Property: West Side of Seawood
Drive, Southold, NY; County Tax Map Parcels No. 1000-79-7-
64 and 65.
7:40 p.m. Appl. No. 3713 - ROBERT STARON. Variance to
the Zoning )rdinance, Article III, Section 100-32 for approval
of the cons ruction of accessory storage shed with an insuffi-
cient setba
Waterview D~
No. 1000-78-
7:45 p
Variance to
for permiss
from existi
Drive, Sour
k from property lines at premises known as 1490
ive, Southold, NY; County Tax Map Parcel
7-54.
m. Appl. No. 3711 ERNEST AND DORIS ROBINSON.
the Zoning Ordinance, Article XI, Section 100-119.2
on to construct deck with an insufficient setback
tg bulkhead at premises known as 915 Mill Creek
lold, NY; County Tax Map Parcel No. 1000-135-3-37.
7:50 p m. Appl. No. 3712 ROBERT CLEMENS. Variances:
(a) to the ~oning Ordinance, Article III, Section 100-31,
Bulk Schedule, for permission to construct additions to
dwelling with an insufficient rearyard setback from the
easterly property line, and (b) for approval of access
pursuant to New York Town Law, Section 280-a over a private
right-of-wab
Road, Southc
8:00 p.
Variances ct
100-119.2 f(
extending off the south side of Main Bayview
ld, NY; County Tax Map Parcel No. 1000-87-5-17.
m. Appl. ~o. 3543 PETER AND BARBARA HERZ.
the Zoning Ordinance, Article X~, Section
r permission to locate new single-family dwelling
Page 2 Notice of Hearings
So~thold Town Boara of Appeals
Regular Meeting of March l?, 1988
with insufficient setbacks from existing bulkhead and from
highwater areas along Midway Inlet and Hog Neck Bay, premises
known as 70 Cedar Point Drive, Southold, NY~ Cedar Beach Park
Map, Part of Lots 152 and llO; County Tax Map Parcel
No. 1000-90-02-13.1.
8:20 p.m. Appl. No. 3687 JON C. KERBS. Interpretation
and, if necessary, Variance under Article XI, Section 100-119.2<
of the Zoning Code, for ~ermission To locate building 75 feet
from the N.Y.S.D.E.C. determined tidal wetlands line as
approved under D.E.C. Permit #10-86-0092 and in accordance
with Town Trustees Wetland Permit No. 373 conditionally
\
June 1987. Location of East Side \
approved
25,
Property:
of Narrow River Road, Orient, NY~ County Tax Map Parcel }
No. 1000-27-2-5.
8:35 p.m. Appl. No. 3710 THE COVE AT SOUTHOLD, INC.
Variance under Article XI, Section 100-119.2 of the Zoning
Code, for permission to locate buildin§s 75 or more fee~
from the N.Y.S.D.E.C. determined tidal wetlands line and
at not less than 18 feet from the Town Trustees determined
wetland grasses as approvea under Trustees Permit Application
No. 601. Location of Property: South Side of Main Ba~view
Road, Southold~ NY~ County Tax Map Parcel No. 1000-87-5-20.
The Board of Appeals will hear at said time and place
all representatives or ~ersons 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 suDjec~ hearing. For more informa-
tion~ please call 765-1809.
Dated: March 3, 1988.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
Linda Kowalski, Board Secretary
FORM NO. 3
TOWN OF $OUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTItOLD, N.Y.
NOTICE OF DISAPPROVAL
File N. ................................
...................
.%. .~.~;~v~d...'. ~ ..tt ..... ~. ~. % ~, .....
~ ' ,.I9
I LEASE TAKE NOTICE that your app~tcat~ondated . .~, ~... ~ ~
for pcmdt ~o construct..~..~ .~J~ fi~,~.~ ............ at
House No. Street t/om/et
County Ta~ Map No. 1000 Sect[on . .-. ~ ...... BIock ..... ~ ..... i~t . ~', .......
Subdhi~mn Filed Map No Lot No
is rch rncd ~ crcwid and disapproved on/i~c ~o!lowlng grounds ~ .... ~: ....
"7 X ....... ," '~''o ..... ~ .................
Building Inspector
TOWN OF SOUTItOLD
BUILI)ING I)EPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
[:~Jc No ................................
:o .......................
· .~?.~.. :~.: .......................
. ~ ~.~.~.~.'~. . . .~. ..~... . ~ ~.~ .......
PLEASE TAKE NOTICE d,al your applica~k,;kdi~tl . .. ~v~..~ ~ ....... 19.~:~
Courtly Fax MapNo. lO00Scctkm ' ~&~ l~k)c'k ~ ~ ~ Iot .. ~ ~ .....
t3uihtiug inspcclor
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO; "~
DATE
TO THE ZQNING BOAR~ OFJA~EALS, TOWN OE SOUTHOLD N.
1, ............................................................................................. ~..~..~.~ ..............................
Street an~ Number
,Name of ~ppellont
...... ........................................... .......
..... Municipality., A~L TO
THE ZONING BOARD Of APPEALS FROM THE DECISION OF THE BUtLDI. NG IblSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ........
WHEREBY THE BUILDING,INSPECTOR DENIED T~D ,
............
. ~,, N~ ~ Ap~]~..* ~o~ ~q~[~'"[q";T-'
o, ...... ......... ....
Street ~nd ~umber Munlcipoli~ 5tat~ ........
( ) P[RMIT TO
~.~( ). PERMIT FOR OCCUPANCY ~,j~~~ ,,~
..................................................................................
Map No. Lot No. P~iO~ Owne~.~,
2. PROVISION (S) OF THE ZONING ORDINANCE APP~LED (Indic=re the A~icle S~tion, Sub-
section ~nd Pqre~roph of the Zonin~ Ordinance by number. Do not quote the Ordi.n=n~e.)
3. TYPE OF APPEAL Appeal is made herewith for (p~ease check appro~P~a~e box)
( ) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 C~s. Laws
Art. 16 Sec. 280A Subsection 3 . ' ,
4. P~EVIOUS A~PEAL A~revious appeal (has) (has not) been made wit~ [espect
o~ the Building Inspector or with respect to t~is prepe~y. ~s
Such eppea[was( ) request for a special permit ~S~ ~V~
( ) request for a variance ~ ~ ~
and was made in Appeal No ......................... ~.~ate~.~.Z.~.....~.~....~..~.~.~
~c~ ~ ¢~os~ ~ ...............
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
is requested for the reason that ~ ~ ~ Z~ ~:~ 0 ~
~o~ ZB1 ~-
~ ~~ on 9thef side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would proc~ce practi~:alrxdifficultie~nneces-
, sary HARDSHIP because '~ ~ ~'"~ ~..~:> ~ ~'x~ ~ , ,~
2. The hardship created is UNIQUE and is not shared by aJ~ i~roperties a?ike in the imme~diate
vicinity of this prgperty and in this use district because
3. TI~ Variance woul~ observe the spirit of tBe Ordinance and WOULD NOT CHA~E THE
STATE OF NEW YORK )
) ss
COUNTY OF ~r~'W~cfi )
Sworn to this ................ ~..~ ..................... .... day of ................ ~--~T.... ............................ 19
Notary Public
OWNER ' SqRE~ V~LL~GE
FORMER OWNER ~r,~A ~-~2 (2
S , , W TYPE OF BUILDING
SUB. LOT
AGE
Nb'M/
FARM
Tillable
Tillable
Tillable 3
Woodland
Swarnpland
Brushlond
Plot
NORMAL
BUILDING CONDITION
BELOW ABOVE
~a[ue Per Value
, Acre
IURONTAGE ON WATER ]40~'~
FRONTAGE ON ROAD '+
.......
DEPTH
BULKHF~D
DOCK
Nt~.,p. OK P2OPERTY
/ &
'A,N]DEF2 G.'
.': '_ _z .._;-.i 2' E '
RODER CK VAN T~YL, PC
SOD' '£D TOWN BOARD OF APPEALS
REGULAR MEETING OF
THURSDAY, APRIL 14, 1988
Appl. NO. 3687
Applicant(s): Jon C. Kerbs
Location of Property:
County Tax Map ID NO. 1000-
27-2-5
Board Members present: Chairman Goehringer P. Goehringer,
Members: Doyen, Douglass, Grigonis and Sawicki.
Also Present: Linda ~walski, Secretary to the Board of Appeals,~and
approximately 50 persons in the audience. (Building-Department Administrator,
Mr. Lessard was absent.)
The Chairman opened the hearing at 8:54 o'clock p.m.
and read the legal notice of hearing and application for the
record.
CHAIRMAN GOEHRINGER: ..... on behalf of
Jon Kerbs. We've taken a significant amount of testimony on this
particular hearing. The Board had felt t~at there was additional
things they wanted to look at. More particularly, a request of the
applicant concerning additional information on the survey which we
have received. And we'll ask the applicant or the agent or his at-
torney if there is anything they would like to add.
MR. STEPHEN ANGEL : There's ~gthing we want to add to our case.
We're here to answer any questions and to respond to any comments.
CHAIRMAN GOEHRINGER: We're really not taking any verbals so we ap-
preciate that and we appreciate your showing up. Actually, it was
very nice of you to come down. Is there anything that the opposi-
tion would like to place in the record before we close the hearing,
in writing? Seeing-no... Excuse me. Yes.
MRS. WEXFORD : I'd just like to ask because it was un-
clear in the notice of the Suffolk Times, not knowing what state
you're at with this. It said that the applicant was asking for an
interpretation and if necessary, a variance. I'd like that clari-
fied. In other words, I don't know what to respond to because I
don't know where you are.
CHAIRMAN GOEHRINGER: Were you at the last hearing ma'am?
MRS. WEXFORD : No.
CHAIRMAN GOEHRINGER: The particular problem that we have at this
time is the difference of setback lines from mean high water, spe-
cific areas of marsh grass so on and so forth. Under 119-2 of the
Zoning Code which is a similiar section and probably more enforce-
able under Section 97 that the Trustees deal with. We deal with
119-2. It requires a 75 foot setback from basically the wetlands.
In this particular case we have an application before us which deals
with a setback that was established or a line that was established
by the D.E.C. which is the Department of Environmental Conservation
and we have other evaluations that were done by members of the
~.Page 2 - Thursday,~il 14, 1988
Pubic Hearing - Jor~erbs
southold Zoning Board of Appeals
CHAIRMAN GOEHRINGER (continued):
Trustees and the Trustees in Toto and by other organizations which
we had taken significant testimony in. Based upon the information
that is being placed in the record, I can not go any farther other
than give you my feelings. And that is, the applicant at this par-
ticular time, is definitely wants to set, basically, the one-story
structure back 75 feet from this particular established line. The
purpose of the word "interpretation" is very simply a word to mean
is it in our jurisdiction or isn't it. And we have a similiar spe-
cific interpretation for another application tonight which is the
second part of the hearing. I will inform the applicants, I will
inform the public that at the most recent co-committee meeting the
Z.B.A, so as not to have overlapping jurisdiction in these areas,
will be taken out of 119-2B and give that jurisdiction to the Town
Trustees. Alright. So the nature of this hearing, in three or
four months may be mute. And that's basically the situation. And
I thank you for asking because there are certain questions that
people don't really understand and it's very difficult to keep
abreast of everything all the time.
MRS. WEXFORD : Is the applicant then not asking for a variance
at this point? It's matter of you having decided that the inter-
pretation is with the Baird of Trustees and therefore, the appli-
cant is not asking for a variance now at this meeting.
CHAIRMAN GOEHRINGER: That's not particularly true because at the
last hearing we had taken significant testimony to say that there
were wetland grasses or indicating grasses that were within this
75 feet. And it's up to us to make the determination if we feel
that it is within our jurisdiction or not based upon the testimony
that we've taken and the particular information that has been placed
in the record. So I'm not trying to be evasive. I'm just trying
to tell you that we haven't made that interpretation. And based
upon the fact that there are other circumstances involved here.
MRS. WEXFORD : I'm asking because if it's a question
ing for a variance, I'd like to address that general term.
appropriate but I can't tell whether that's appropriate.
of ask-
It that's
CHAIRMAN GOEHRINGER: Well, interestingly enough, you really can't
address it anyway because we had asked that there be no verbal tes-
timony tonight. But if you felt you wanted to address it, you could
tell us that you felt strongly enough about doing that that you could
place something in the record tomorrow and we have to ask you your
name for the record anyway.
MRS. WEXFORD: I'm Betty Wexford and I'm Vice President of the
Orient Association.
,Page 3 - Thursday, April 14,. 1988
Joa~[orbs
Public Hearing -B Appeals
Southold Zoning of
CHAIRMAN GOEHRINGER: Ok. And if you felt that that was the case,
that we would close the hearing pending the receipt of something
from you. Hearing no further questions,... I'm sorry. Receiving
no further testimony concerning this hearing, I'll make a motion
closing reserving decision until some time in the immediate future.
Ail in favor - AYE.
L
SUPREME COURT STATE OF NEW YORK
COUNTY OF SUFFOLK
NORTH FORK ENVIRONMENTAL COUNCIL, :
Southold Baymen's Assoc., Inc. :
Petitioners, :
For a Judgment Pursuant to Article :
78 of the Civil Practice Law and :
Rules :
-a§ainst- :
THE TOWN OF SOUTHOLD, BOARD OF :
SOUTHOLD TOWN TRUSTEES, :
Respondents. :
AFFIDAVIT OF
LAURENCE T. PENNY
Index No.
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
SS,:
LAURENCE T. PENNY being duly sworn deposes and
says:
1. I am an Environmental Planner and Ecologist and
currently serve as Natural Resources Director for the
Town of East Hampton.
2. I received a Bachelors of Science degree in
Biology and Wildlife Conservation from Cornell Univer-
sity in 1957. In 1964 I received a Masters Degree in
Biological Science from San Francisco State University.
I have done work on my Doctorite in Ichthylogy, Animal
Behavior, and Marine Biology at the University of
California in Santa Barbara, and have only the disser-
tattonal requirements
3. I have taught the subjects of Biology,
Ichthylogy and Environmental Science at several
tions including the University of California at
Barbara, San Francisco State University and the
Southampton College of Long Island University. My
professional resume is annexed hereto as Exhibit "A".
4. I am a native Long Islander and have worked on
to fulfill to obtain that degree.
Botany,
institu-
Santa
the last ll years,
and doing environ-
organizations. I am
the South Fork of Long Island for
both teaching at the college level
mental consultant work for various
currently the proprietor of Applied Ecology, Inc., an
environmental consulting firm in addition to my duties
as Natural Resources Director for the Town of East
Hampton.
5. I make this affidavit in support of the peti-
tion of the North Fork Environmental Council and the
Southold Baymen's Association to reverse and annul a
permit granted by the Southold Town Board of Trustees on
the application of Alexander Koke for construction of a
single-family residence on a sensitive wetlands piece.
6. I have been retained as an environmental expert
by the petitioners to review and analyze the proposed
construction of the applicants. I have inspected the
-2-
Koke parcel, which is the subject of this proceeding.
It is located on Narrow River Road and Hallock's Bay, in
the Hamlet of Orient in Southold Town.
7. A wetlands permit was granted for the construc-
tion of a single-family dwelling, well and septic system
by the respondent Trustees over the objections of the
Town Conservation Advisory Council (CAC). My inspection
of the site and review of the file of the Town Trustees
and my ow~ review an analysis leads me to the inescap-
able conclusion that the permit should not have been
issued because the impacts from the proposed improve-
ments will be much greater than the Trustees' findings
indicate and because the Trustees have failed to provide
any meaningful mitigation of the environmental impacts
which will result from work done pursuant to the permit
issued.
8. The Trustees have substantially defaulted in
their legal duties under the State Environmental Quality
Review Act (SEQRA) by (1) not doing a full environmental
analysis of the application through the preparation of a
Draft Environmental Impact Statement~ and (2) by not
providing any meaningful conditions of the permit which
would mitigate the significant environmental impacts
identified.
-3-
DESCRIPTION OF THE SITE
9. The Koke parcel is a parcel situated on
Hallock's Bay which I would classify as "marginal" for
building purposes, meaning that it is highly constrained
for a building because of environmental considerations.
Hallock's Bay, on which the parcel fronts, is one of the
most productive shellfisheries in the Town of Southold.
Its waters are presently certified for shellfishing.
The parcel is low lying, barely reaching seven feet
above sea level. About forty-five percent of the parcel
is occupied by wetlands. These wetlands contain typical
wetland species and extend into the right-of-way of
Narrow River Road by way of a sizable swale. At pre-
sent, the swale serves to receive run-off from the par-
cel and road and filter chemicals and sediments out of
it as run-off proceeds to Hallock's Bay. This filtra-
tion is accomplished by way of the action of the vegeta-
tion occupying the swale.
POTENTIAL ENVIRONMENTAL
10. The proposed improvements
tem, well and driveway) necessitate
IMPACTS
(house,
filling
of the property. The Trustees and
septic sys-
a large part
applicant estimate
-4-
the fill needs at one hundred cubic yards, but in
reality, as much as two hundred cubic yards will be
needed. The fill will obstruct drainage and intrude
upon the wetlands. As a result, the wetlands stand to
be directly impacted in that the run-off from the road
and parcel will not be filtered and desedimented on its
way to Hallock's Bay.
ll. The septic system as allowed by the permit
issued by the Trustees, will be set in an area of ex-
tremely high water table. Said area has the additional
constraint of being breachable by periods of storm
flooding. Given these conditions, it is impossible to
construct a pass-through septic system on this parcel
that will not pass contaminated water into Hallock's
Bay. Contamination from the septic system into
Hallock's Bay will consist of nitrates, phosphates,
organic chemicals and microbes. This kind of contamina-
tion, particularly in terms of microbes, is directly
responsible for the closure of numerous productive
waters on Long Island to shellfishing by New York State
Department of Environmental Conservation.
12. The residential activity on the site in terms
of noise, light, human and pet traffic and the like to
emanate from this parcel once it is improved will also
-5-
present direct and indirect impacts that will be
inimical to the natural environment and, particularly,
the native wildlife and wetlands vegetation species.
13. Furthermore, the impacts represented by the
development of this marginal lot--when looked at cumula-
tively in light of the potential for development of
similarly situated lots throughout the Town--could have
a devastating effect on the productive shellfish waters
and wildlife areas in Southold Town. Pursuant to SEQRA,
the Trustees were required to review and analyze such
cumulative impacts before granting the subject permit,
but this was not done. Taken collectively, the harm to
the environment represented by unmitigated improvements
to the subject lot--significant in itself--will become a
much greater harm when translated to the similar lots in
the Town that are now awaiting development.
CONCLUSION
14. In light of the significant environmental
qualities presented by the subject lot and the potential
adverse environmental impacts identified above and which
could be more fully identified in a Draft Environmental
Impact Statement and in light of the mitigation that
should have--and could have--been identified and applied
-6-
to the subject proposal as a result of the preparation
of a DEIS, it is very clear that a proper environmental
review pursuant to SEQRA was never conducted by the
trustees. They totally failed to heed the warnings of
the Southold Conservation Advisory Council which advised
them to prepare a Draft Environmental Impact Statement
at the hearing on this project.
numerous other participants at
review was done. Consequently,
This was reiterated by
the hearing. However, no
the permit and its con-
dttions, together with the generous building envelope
provided by the Trustees and the blatant lack of mitiga-
tion incorporated into the approved plan, will result in
development which will cause great harm to the environ-
ment. This type of permit totally contravenes the pur-
poses of SEQRA which are to reveal potential environ-
mental impacts to the public and the decision-maker and,
at the same time, require the decision-maker to ade-
quately mitigate the environmental impacts identified.
15. In view of the above, it is this expert's
unqualified opinion that the permit should never have
been granted, and that this Court should rescind it and
remand the application to the Board of Trustees for an
in-depth Draft Environmental Impact Statement and incor-
poration of appropriate and most stringent environmental
-7-
m£tigation to the application to avoid or mitigate the
environmental impacts it will have.
Laurence T. Penny
Sworn to before me this
-$-
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
NORTH FORK ENVIRONMENTAL COUNCIL,
INC. and the SOUTHOLD BAYMENS
ASSOCIATION, INC.
Petitioners,
For a Judgment Pursuant to Article 78
of the Civil Practice Law and Rules
- against -
HENRY P. SMITH, JOHN M. BREDEMEYER,
PHILIP J. GOUBEAND, ALBERT KRUPSKI,
and ELLEN M. LARSEN, constituting the
BOARD OF SOUTHOLD TOWN TRUSTEES,
Respondents.
REPLY AFFIDAVIT
Index No. 87-23445
Laurence T. Penny, being duly sworn, states:
1. I am an Environmental Planner and Ecologist and
currently serve as National Resources Director for the Town of
East Hampton. (See my professional resume annexed to my original
affidavit as Exhibit "A#).
2. I make this affidavit in reply to John Bredemeyer's
affidavit.
3. On the subject site,
by groundsel and phragmites,
the top of the high marsh populated
is situated within 15 to 20 feet of
the house in accordance with the final permit plan, which is well
short of the 75 feet setback requirement in the Southold Town
Code. (§97-13). Mr. Bredemeyer's own analysis shows that the
high marsh species extend up to the line of the house as situated
on the most recent survey for which the trustees gave their
permit.
4. The septic system is situated in an area of very high
water table with frequent storm flooding, and the likelihood of
its contents polluting the adjacent surface waters of Hallocks
Bay is great. Contamination from septic systems that are too
close to shellfishing waters on Long Island routinely lead to
their decertification, that is "closure#.
5. Mr. Bredemeyerts affidavit implies that the building of
the house on pilings is sufficient mitigation to avoid
significant adverse environmental effects. Whether or not the
house is situated on pilings, the changes in grade needed to
accommodate the areas around the house, driveway and parking and
septic system mounds, will change the runoff pattern represented
by the well vegetated overland drainage surface pattern now
dominating the site, including the large swalle. The fill for
the project has been greatly underestimated and the raise of
grade and the large disturbance to the natural vegetation will
create chronic runoff problems.
4. The finding that the project #will not have a
significant adverse impact upon the environment~ is completely
unsubstantiated. The SEQRA determination is obviouily in error.
Inasmuch as the wetlands extend right up to the foundation line,
the septic system is situated in a very high water table area,
and the drainage area on the parcel will be changed dramatically
by fill and grading, there will be a very large impact and the
impact will be irreversible.
5. Because the site analysis from the very beginning has
been based on a survey showing an erroneous wetlands line, the
SEQRA analysis has been reliant on the same flawed line. A SEQRA
analysis based on the Bredemeyer #linew, which puts the wetlands
a few feet away from the house would have to of had concluded in
a positive determination.
6. Mr. Bredemeyer's use of the term Wfunctional high marsh
area" is not provided for in the Town Code sections dealing with
wetlands and throughout my years of experience, I have never run
across this term. Presumably the entire high marsh system on the
parcel is "functional#.
7. In conclusion, the application, contrary to the
contention of Mr. Bredemeyer was never given the proper standard
of review and consequently the Trustees findings are flawed. His
own analysis showing the full extent of the wetlands on the site,
should have alerted him that an environmental impact statement
should have been required. An independent environmental reveiw
would conclude that the project will have a significant impact on
the environment and should have been denied.
Dated: Riverhead, New York
January 18, 1987
Sworn to before me this
18th day of January, 1988.
NOTARY FUgIJC, STATE OF N[W YOi~
NO. 624871310 SUI:FOLK C(XJN~,.-..
COMMISSiO# EXPJfU~ ~ 15, 19~
May 3, 1986
Mr. Charles Hamilton
Alt. Permit Administrator
NYS DEC
SUNY Blding. #40
Stoney Brook, NY 11794
Dear Mr. Hamilton:
Regarding the application of Alexander KOKE,
submitted by EN-CONSULTANTS to construct a single
family dwelling on NARROW RIVER ROAD~ ORIENT, I find
it necessary to bring certain aspects of this application
to your attention.
'-' The agent states that the proposed dwelling lies 95'
landward of the tidal wetland. After several on-site
inspections, it is the opinion of this Trustee that
the proposed dwelling is situated within three feet of
the high marsh.
I offer the following data to support this conclusion.
1. This parcel is possibly one of the last undiked
parcels abutting Hallocks Bay.
2. Spartina alterniflora abound on the seaward
.. .portion of the property on a mud and sand
flat conductive to its growth and germination.
Groundsel bushes dominate the upland perimeter
to a depth of 90' landward MHW clearly establishing
the area as high marsh as indentified in Section
661.4 of the Tidal Wetland - Land Use Regulations.
Ground contours indicating where the salt water·
penetrates the upland during storm tides are
clearly visable on inspection.
Property elevations' appear to be 6" to 7' with
sections of the N/W corn. right at sea level,
indicating extensive amounts of fill would be
r~quir~d to bring the property above flood plan~.
Our application states only 100 c.y. are needed
to bring the septic system above grade· I find
this estimated highly questionable.
Hallocks Bay is the most viable shellfish resourse
within the Town of Southold and is currently a
proposed State designated Significant Shellfish
and wildlife Habitat~-The ~reas value as a scenic
resourse can not be underestimated.
Page 2
May 3, 1986
· Ellen M.
Charles }{amil~on
6. The seaward perimeter of Hallocks Bay is
one of the most undisturbed intertidal
areas within our Town. Saltwater intrusion
will most likely be a serious effect of
year round occupation of homes in an
environmentally fragile area not adaptable
to development. Aldacarb and nitrate
intrusion is a documented fact in the water
supply of this area.
As a elected offical obligated to protect ecologically
valuable properties su~ as the one described above for the
benefit of all Southold Town residents, I have the utmost
confidence that this matter will receive your full attention.
Please feel free to contact either myself or any
of the other Town Trustees regard%rig this matter. Thank
you in advance for your kind consideration.
Yours Trulyw
Ellon M. Larson,
Trustee
Town of Southold
enc.
cc: Trustee file
EN-CONSULTANTS, INC.
ENVIRONMENTAL
SERVICES
1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968
516-283-6360
January 16, 1986
Board of Town Trustees
Town of Southold
Town Hall, 53095 Main Road
Southold, New York 11971
Re: Proposed hc~ construction by Alexander Koke
Subject site: Narrow River Road, Orient
Suffolk County Tax Map No. ~00-027-2-5
Dear Sirs:
Attached please find a site plan of the project referenced above. As the
Construction is greater than 75' from wetlands, I assume the Trustees have
no Jurisdiction in this matter. Would you kindly verify this in writing.
If this is not the case and a permit is needed, please notify us a}~d an
application will be promptly submitted]
Very truly yours,
RLH:db Roy L. HaJe
Enclosure Pr~ldent
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town tlall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
February 3, 1986
TELEPHONE
(516) 765-1892
Mr. Roy Haje, President
En-Consultants, Inc.
1329 North Sea Road
Southampton, New York 11968
RE: Alexander Koke
Dear Mr. Haje:
Following deliberation, the Trustees took the following
action regarding the above referenced matter:
WHEREAS, the Board members have personally viewed and are
familiar with the premises in question and the surrounding area;
and
WHEREAS, the Board has considered all the documentation
submitted concerning this request; and
WHEREAS, the Board made the following findings of fact:
1. By this request, appellant requests a determination on
the need of a wetland permit for the construction of a single
family residence on Narrow River Road, Orient to be constructed
90'± from the marsh area.
2. The property in question is on the Map of Property
surveyed for Alexander G. Koke at Orient, Town of Southold or
more particularly known as District 1000, Section 027, Block 2 lot 5.
In considering this request, the Board finds and determines:
1. As proposed the project is not within the jurisdiction of
the Town Trustees.
2. As proposed the project will not adversely affect the health,
safety and general welfare of the people of the town.
Accordingly, the Trustees determine that the project as proposed
does not require a permit under the Wetland Ordinance.
However, if the site plan is amended to a distance closer than
75' to the wetland area, a permit will be required.
Very truly yours~ . ~
Board of Town Trustees
HPS:ip
cc: Building Dept.
Board of Appeals
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
February 24, 1986
TELEPHONE
(516) 765-1892
Mr. Roy Haje, President
En-Consultants, Inc.
1329 North Sea Road
Southampton, New York 11968
RE: Alexander Koke
Dear Mr. Haje:
Please be advised that the Trustees conducted an
inspection on February 20, 1986, regarding the above-
referenced matter and it has been determined that a
wetland permit will be necessary for this project.
Attached for your convenience is a wetland application.
If you have any questions, or concerns, please do not
hesitate calling this office at the telephone number listed
above.
Very truly yours,
Henry P. Smith, President
Board of Town Trustees
Attachments
cc: Trustees
File
EN-CONSULTANTS, INC.
ENVIRONMENTAL
SERVICES
1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968
March 5, 1986
516-283-6360
Board of Town Trustees
Town of Southold
Post Office Box 728
Southold, New York 11971
Re: ProposedOne-Rm~ily Dwelling for Alexander Koke,
Narrow River Road, Orient
Dear Sirs:
In accordance with your February 24, 1986 letter, I enclose
application for a wetland perrait for the project referenced
above.
I am uncertain of the reason for requiring a permit, how-
ever, as the slte of the proposed house lies approximately
90' from the nearest edge of wetlands. As I understand
your Jurisdiction to be 75' from the edge of wetlands,
we would appear to be beyond Jurisdiction.
In order not to delay the project, would you please pro-
cess the application if necessary. I would appreciate
learning the reason for determining the necessity for
a permit.
Your~ truly,
President
Rudolph Bruer, Attorney at Law
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1892
April 9, 1986
Mr. Roy L. Haje, President
En-Consultants, Inc.
1329 North Sea Road
Southampton, New York 11968
Re: Alexander Koke
Narrow River Road, Orient
Dear Mr. Haje:
Per our telephone conversation on April 8, 1986 the
Southold Town Trustees reviewed my initial survey of the
subject Alexander Koke property in Orient and found Wetland
indicator in situ within seventy-five feet of the proposed
activity, therefore requires a Wetland Permit.
Very truly yours,
John Bredemeyer, Vice President
Town Trustees
Ilene Pfifferling
Clerk to Board
JB:ip
cc: Trustees
file
Board of Trustees - March 27, 1986 - Page 7.
6. DONALD BRENNAN - LEAD AGENCY DECLARATION
Moved by Trustee Goubeaud seconded by Trustee Bredemeyer it was
RESOLVED that the Southold Town Trustees declare itself lead agency in
regard to the State Environmental Quality Review Act in the matter of
the application of Donald Brennan submitted by COstello Marine Contracting
Corp. for a Wetland Permit on certain property located
at 10090 New Suffolk Avenue, New Suffolk.
6. Vote of Board: Ayes: Ali
This resolution was declared duly adopted.
7. ALEXANDER KOKE - LEAD AGENCY DECLARATION
Moved by Trustee Krupski seconded by Bredemeyer it was
RESOLVED that the Southold Town Trustees declare itself lead agency in
regard to the State Environmental Quality Review Act in the matter of
the application of Alexander Koke submitted by En-Consultants, Inc. for
a Wetland Permit on certain property located
on Narrow River Road, Orient.
7. Vote of Board: Ayes: All
This resolution was declared duly adopted.
8. Ken Schuler - LEAD AGENCY
See Communication no. 19 - Waiver was granted for work to be done.
9. ROSE SAHM - MOORING
Moved by Trustee Smith seconded by Trustee Goubeaud it was
RESOLVED to Table the application of Rose Sahm for a mooring permit in
Town Creek, Southold until a letter of permission is submitted for access.
9. Vote of Board: Ayes: AIl
This resolution was declared duly adopted.
10. CHARLES A. MEBUS - LEAD AGENCY DECLARATION
Moved by Trustee Bredemeyer seconded by Smith it was
RESOLVED that the Southold Town Trustees declare itself lead agency in
regard to the State Environmental Quality Review Act in the matter of
the application of Charles A. Mebus for a Wetland Permit on certain property locat
on 2145 Wells Ave., Southold.
10. Vote of Board: Ayes: All
This resolution was declared duly adopted.
11. LOTHAR HERTEL - By Garrett Stran8 - Waiver
See Communication no. 2i Board Waivered the need of a Wetland Permit.
HENRY P. $,',HTH, President
JOHN M. BREDEMEYER, Vice-Pres.
PHILL1P J. GOUBEAUD
ALBERT KRUPSKI, JR.
ELLEN ~l. LARSEN
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
June 30, 1987
TELEPHONE
(516) 765-1892
Mr. Jon C. Kerbs
P. O. Box 525
Greenport, New York
11944
Re: Koke/Kerbs Wetland Application No. 373
Dear Mr. Kerbs:
The following action was taken by the Board of Town Trustees during their
regular meetirtg held on June 25, 1987 regarding the above referenced application:
WHEREAS, Alexander Koke/Jon Kerbs applied to the Southold Town Trustees for a permit
under the provisions of the Wetland Ordinance of the Town of
Southold, application dated March 1, 1986, and
WIEEREAS said application was referred to the Southold Town
Conservation Advisory Council for their findings and
recommendations, and
WHEREAS, a public hearing was held by the Town Trustees with
respect to said application on August 28, 1986 at which time all interested
persons were given an opportunity to be heard, and
WHEREAS, the Board members have personally viewed and are
familiar with the premises in question and the surrounding area, and
WHEREAS, the Board has considered all the testimony and documentation
submitted concerning this application, and
WHEREAS, the Board has determined that the project as proposed will
not affect the health, safety and general welfare of the people of
the town,
NOW, THEREFORE, BE IT
RESOLVED that Alexander Koke/Jon Kerbs BE AND HEREBY IS GRANTED PEP~MISSION UNDER ?HE
PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Construct a one family
house, driveway, sanitary system and well and to fill with approximately 100 cu. yds.
of fill to raise the grade. Property is located on Narrow River Road, Orient.
Approval is subject to the following: Ail construction being kept within the
Building envelope of the survey provided. The house is to be constructed on open
pilings as discussed on field survey with the applicant, and subject to the approval
of the Suffolk County Department of Health Services. A communication is to be
forwarded to them requesting that they give due consideration to the coliform
generation toward Hallocks Bay with any technically advanced ov new sanitary system
Board of Trustees
Alexander Koke/Jon Kerbs - approval - page 2.
be constructed if it is deemed necessary.
This permit will expire on June 25, 1989 if work has
not commenced by said date. There are two inspections required and
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 s~ch permit in such
amount as shall be fixed by the Trustees, which said policies shall
name the Town as a name insured. Please take further notice that
this declaration should not be considered a determination made for
any other department or agency which may also have an application
pending for the same or similar project.
A $10.00 Wetland Inspection fee is due at this time.
PLEASE RETURN TO THE BUILDING DEPT. FOR A DETERMINATION ON THE NEED OF ANY OTHER
TOWN PERMITS THAT MAY BE REQUIRED FOR THIS PROJECT.
Very truly yours,
Henry P. Smith, President
Board of Town Trustees
HPS:ip
cc: Robert A. Greene, D.E.C., Stony Brook
Commissioner Henry G. Williams, D.E.C., Albany
Stephen Mars, Army Corps of Enginee'rs
Thomas Hart, Coastal Management
Conservation Advisory Council
Bldg. Dept..
BoardFile ~peals·
Board of Trustees
Alexander Koke/Jon Kerbs
(Addendum)
The following conditions apply to this permit:
Ail necessary precautions shall be taken to preclude contamination of
any wetlands or waterway by suspended solids, sediment, fuels, solvents,
lubricants, epoxy coating, paints, concrete, leachate or any other
environmentally deleterious materials associated with the project work.
All fill and spoil material shall be suitably contained at the work
site so as to prevent its eroding, leaching or otherwise entering
into the adjacent wetlands and waterways.
PERMIT
12/:11/~7
[~Art,tle 15, ]~tle S:
Protection ot Wate~
["~Article 15, Title 15:
Water Supply
~]Article 'iS, Tide 15:
Water Transport
[--JArticle 15. Title 15:
Long Island Wells
["}Article 15, Title 27:
Wild, Scenic
and Recreational Rivers
~6NYCRR 60§:
Water Quality Certification
J~]ArhcJe 17, Iith!s 7,
J--]Article 19:
Air Pollution Control
r~Article 23, lille
Mined Land
Rec[amation
r~ Article 24:
Freshwater Wetlands
XJ~[ArticJe 25:
Tidal Wetlands
N--New, R--Renewal, M--Modification
[~]Arhcle 27, l~tle 7:
Solid Waste Management
[~Article 27, Title 9:
Hazardous
Waste Management
J~J Article 34:
Coastal
£rosion Management
J~Article 36:
Floodplain Management
E]A~ticJes 1. 3, 37; 6NYCRR 380:
Radiation Control
C--Construction, O--Operation, (ti Applicable)
PERMIT I SUED ]0
A~exander Koke
ADDRESS OF PERMITTEE
Schooner Dr., Southold,NY 1197!
~oy Haje,Pres.,En-Consultants,1329 N.Sea Rd.,Sonthampton,NY 11968 283-6360
~xm~x~x~mm~m~x~Mx~m~~ PROJECT SITE ADDRESS: Narrow River Rd. Between
]ands of Town nf ~nHthnl~l £ Pl.qr,hnll
Orient '- ' Suffolk ~nmml hr~l rl
Coflstruct oBe famil7 dwelling a~d septic system in ,n~'o{/rdnnr'o ~Mrh roF,,r,~n,g,~d p!31¥~.
Septic system to be between house and road. Place lOO c.y. fill In arum of si?rip
system. All parts of house to be a minimum of 75' from tidal we~]ands.
~IS,~^NCE D^~ j ~AE1Rt~rttb~h~sJ~'nal ^~DRESS Bldg.40,SUNY,Rm.219
~ Cbprles T, Hamilt~n Stony Brook~ 11794
3
, X ~ j .~ ~~ Pageq of
cc:D.Fallon
mOddlcation of the watezcourse hereby authorized shall not be com-
p!eted, the owners, shall, without expense to the Stat(., and to such
That the State of New York shall m no cas~ be h,~b[e for any damage
Such approved plans were prepaled by
R. VanTuy1 latest ¥~'viaio~on 1/14/8F, .
SPECIAL CONDITIONS
1, In order to protect the values of the adjacent wetlands there is to be no
disturbance to vegetation or topography beyond 25' from ~he southerly side of
the house.
Supplementary Special Conditions (A) through (J) attached.
10-86-0092
FROCR^~4~^CILI'fY NUM~JE R I J
N/A Page 2 of 3
5Upl,~ .L~..,t~:TAi~y SPECIAL CONIHTII~N~;
Th~ rolls-'lng conditions apply to all pcnzits:
If any of the permit conditions are unclear, the pernltttee shall contact
thc Dlvtulon of l~cl%~latory Affai~/ at the ~lddrc~;~ and telephone noted below.
A copy of this permit or approval and supplementary conditions shall be
available at the project site whenever authorized work is in progress.
The permit sign enclosed with the permit or a copy of letter of approval
shall be protected from the weather and posted in a conspicinus locacion
ac the work site until completion of authorized work.
At least 48 hours prior to commencement of the project, the permittee shall
complece and return the top portion of the enclosed receipt form certifying
that he is fully aware of and understands all provisions and conditions of
this permit. Within one week of completion of the permitted work, the
bottom portion of chat form shall also be completed and returned.
For projects involving activities to be accomplished over a period .r more
than one year, the permittee shall notify the Regional Permit Administrator
in writing at least 48 hours to the commencement of resumption of work each
year.
If projecr design modifications take place after permit issuance, the
permltcee shall submit the appropriate plan changes for approval by the
Regional Perm.ir Administrator prior to undertaking any such modifications.
The permittee is advised that substantial modification may require sub-
missio~ of a new application for permit.
All necessary precautions shall be taken to preclude cont~r~qnati°n of any
wetlands or water:ay by suspended solids, sediment, fuels, solvents,
lubriaa:ts, epox~ coatings, paints, concrete, leaohate or any other
environmentally deleterious materials associated with the project work.
Any failure to comply precisely with all of the terms and conditions of
cb_is permit, unless authorized in %~iting, shall be treate~ as a violation
of the En~ronment'~l Conservation Law.
The permittee is advised to obtain any par---its or approvals that :;ay be
required from the U.S. Deparcqnent of Army Corps of Engineers, h~ District,
26 Federal Plaza, New York, ~ 10278, (Attention: Regulatory Functions
Branch), prior to co:=nenc~ant of work authorized herein.
The granting of chis per~-it does not relieve the pe~mittee of the
responsibility of obtaining a grant, easement, or ocher necessary approval
from the Division of Land Utilization, Office of General Ser;~ces, Tower
Building, Empire State Plaza, Albany, hJ 12242, which may he required for
any encroachment upon Stat e-~-nned lands under water.
Regional Per-~ic A~m~mistrator
I~S Dept. of Environmental Conservation
Bldg. 40, SUbJ--Room 219
Stony Brook, I~'Y 11794
(516) 75i-7900
DEC ~ 10-86-0092
Page 3 of 3
% ' \ "'"-' ' ' '- '
-_t~OEES~:Pr2EMISE5 iN'FLOOO ZONE A-~ ,'.EL,
:ON'FOU~ ~ ELEV~:ION5 ~EFE. IZ 'I~ MEAN SEA LEVEL
~t~, IO.O ~ I..., ;. ~'~--~ ~ , L ~,,
........ ~__ , I-" ~&~SL~G6'~dF ' '
New York StH~ DepH~mentof Environmen~l ConHe~ation
Regulatory Affairs Unit
Bldg. 40, SUNY, Room 219
Stony Brook, N. Y. 11794
(516) 751-7900
Henry G. Williams
Commissioner'
July 1, 1986
Ms. Ellen Larsen
P.O.Box 384
41505 North Road
Southold, N. Y. 11971
Re: Application No. 10-86-0092
Alexander Koke (Narrow River Rd.)
Dear Ms. Larsen:
An additional field check of this project was made on May 20th as a
result of your letter dated May 3, 1986 and that of Peter Wenczel dated
May 14, 1986.
Technical staff found a high meadow fringe consisting of Spartina
patens and Distichlis spicata along the shoreline of this lot with a
maximum width of about 35' extending inland from the "high water mark"
shown on submitted survey. DEC staff considers the upland edge of these
grasses where these predominate as the landward extent of tidal wetlands.
A part of this fringe does include the groundsel bush, Buccharis halmir
folia. The seaward corners of the house were found to be about 75' from
the tidal wetlands grasses and the septic system more than,100' away.
While the groundset bush does occur landward of the tidal wetlands
grasses it is intermixed with poison ivy and other upland plants. Groundsel
bushes by themselves are nog considered by DEC staff as indicative of a
tidal wetland.
Thank you for your interest in the matter.
Very truly yours,
Charles T. Hamilto~
Alternate Regional Permit Administrator
Region 1
cc:Peter Wenczel -
Southold Town Baymen's Assoc. Inc.
TOWN OF SOUTIlOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTIIOLD, N.Y.
NOTICE OF DISAPI'ROVAL
I:~'.c
,,~ ~.~..¥.~ ...................
~-~.~L..~..~, ..... ~..~.~.-;.. .....
} I.}.;AEE 'lAKE NOFICE thai your apphcation dated .
~o,,:~ ~o. ' ....... ~;~;;i ....... ~,~ .......
ttatr~let
(%u~,' I.:x ~.1:~1~ No 1000 :;cction. .'.~ ...... Block ..... ~ ..... Lot .~ ........
Et ...... ;on ............. l:ilcd Map No ................. Lot No .......
,. ,.'m,,.c,l hcrcw,lh .md ,l,~;,i,i,rovc,I o,, the I~,llowi,, llrou,lds ~~..~/~: .~.
' ' - -
~ - ;~ , .... ~...$ ........ ~..-~ ............... ....
.......... .
Buildinl~ Inspector
~'New York State Department of Environmental Conservation
:~'" ~F~i~tory~"~ ~-- Affairs Unit - Region I
~j'tony Brook, NY 11794
F J~uary 6, 1988
(5]6)
751-7900
AMENDMENT TO PERMIT
Former Permit # (if any):
(Former Pe~mittee Ale~mder Koke)
Thomas C. Jorling
Commissioner
RE: Permit No. & Location: 1~86-0092, ~rr~ ~r ~., ~i~t
John C. 'Kerbs
P.O. Box 525
Greenport, .NY 119/~
Dear ~. ~rbs:
X Your recent request to extend the above permit has been reviewed
pursuant to 6NYCRR, Part 621. It has been determined that there has not
been a material change in environmental conditions, relevant technology or
applicable law or regulations since the issuance of the existing permit;
therefore, the expiration dale is extended to ~/~!/~
X Your recent request to modify the above permit has been reviewed
pursuant to 6NYCRR, Part 621. It has been determined that the proposed
modifications will not substantially change the scope of the permitted
actions or the existing permit conditions.
Therefore, the permit is amended to authorize: (1) Construction of a single fani[y
dwelling and attached deck within 47'x57' outline and place 250 cubic yards of fill within area of cesspools
betwcen hotme auxd road. All wo~¢ to be h~ accordance with attached plans prepared by J.C. Kerbs dated 12/23/87,
approved by NYSLEC. (2) ~ange Jn name of pe_rmgttee to above addressee. ;~diticmal C~ndltions: (I) tile 50'
natural vegetated buffer is to r~m~in; (2) drive, ray is to be of perr~hle r~terial; (3) This letter also
.~ con,inns th,~t the 47'x57' building outline s[~n on said plm~ is 75' from the DEC determirmd tidal wetlands
!
This letter is an amendment to the original permit and as such, shall be
posted at the job site.
All other terms and conditions remain as written in the original permit.
Very truly yours,
Alfred ¥. Kellar
Deputy Regional Permit
Administrator
Sent to:
10-86-0092
~ACILITY!PROCRAM NUMBERIs]
DEPARTMENT OF ENVIROe~MENtAL ¢o~J/ATION
PERMIT
Under the Environmental Conservation Law
5/2/86
12/31/87
J--~Article 15, Title 5:
Protection of Water
J--]Article 15, Title 15:
Water Supply
J~Artlcle 15. Title 15:
Water Transport
J--JArticle 1S. Title 15:
Long Island Wells
[--JArticle 15, Title 27:
Wild. Scenic
and Recreational Rivers
J--J6NYCRR 608:
Water Quality Certification
J--lA~ticle 17. Titles 7, 8: SPDES __
J'-J Article 19:
Air Pollution Control
r-lArticle 23. Title 27:
Mined Land
Reclamation
J--tArt icle 24:
Freshwater Wetlands
X~Article 25:
Tidal Wetlands
N--New, R--Renewal, M--Modification
J'-IArticie 27. Title 7:
Solid Waste Management
[--~Article 27, Title 9:
Hazardous
Waste Management
J--JArticle 34: Coastal
Erosion Management
J--]Article 36:
Floodplain Management
I--]Articles 1, 3, 37; 6NYCRR 380:
Radiation Control
C--Construction. O--Operation, (If Applicable)
PERMIT ~ SUED TO
A~exander Koke
ADDRESS OF PERMITTEE
Schooner Dr., Southold,NY 11971
AGENT FOR PERMITTEEICONTACT PERSON
Roy Haje,Pres.,En-Consultants,1329 N.Sea Rd. ,Southampton,NY 11968
TELEPHONE NUMBER
283--6360
~X~X~X~m~'X~:~mX~3~A-A~ PROJECT SITE' ADDRESS: Narrow River Rd. Between
lands of ro~rn nF gn,,rhnla c ~l,,o.h.,,
~oc~,o. o~ eeo~E~ I COUN~ [ TOWN~ITYNILLAC[ UTM C~ROINATES
Orient '-' ' ' J Suffolk J Rn. rhnl H
DESCRI~ON OF PROJE~ffACILI~
Construe: one E~m~l~ d~e~l~n~ an~ sep:~ ~v~r~m +n n~nran ...... ~e~ ~ee .... ~:~ ~[~:.
Septic system to be between house and road. Place I00 c.¥. fill in arPa of ~pr~.
system. All parts of house to be a minimum of 75' f=om tidal we~andS.
Bldg.40,SUN'Y,Rm.219 3
Stony Brook,NY 1~794
J Page1 of
cc:D.Fallon
'ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 ~itle S~, 24, 25. ~.4 an~ 36 (
10 That if future operations by the State of New York rec~u~re an
terat~on in the position of the structure or work herein authorized, or
~t 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 cause loss or destruction of the natural
resources of the State. the owner may he ordered by the Department to
remove or alter the structural work. obstructions, or hazards caused
thereby without expense to the State. and if. upon the expiration or
revocation of this permit, the structure, fill. excavation, or other
modification of the watercourse hereby authorized shall not be com-
pleted, the owners, shall, wilhout expense to the State. and to such
structure or flu and restore to its former condition the navigable 17.
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..
'11. That the State of New York shall in no case be liable for any damage
no claim or right to compensation shell accrue from any such damage.
12. That if the display of lighu and signals on any work hereby authorized
is not otherwise provided for by Jaw. such lights and signals as may
be prescribed by the United States Coast Guard shall be installed and
of any wetland or waterway by suspended solids, sedimentS, fuels.
other environmenta[lY deleterious materials associated with the
proiect-
14 Any materiaJ d~edged in the prosecution of the work herein permitted
that the ptoiect will be free from flooding.
Such approved plans were p~epared by
R. VanTuyl lates~ revt~onon I /1A/RR
SPECIAL CONDITIONS
1. In order to protect the values of the adjacent wetlands there is to be no
disturbance to vegetation or topography beyond 25' from the southerly side of
the house.
Supplementary ~pecial Conditions (A) through (J) attached.
1 n-R k-fl(~q 2 ~
~ ~.~'t~ OF. 50UTPlOLD, N.Y'.
SUFFOLK CO. HEALTH DEPT. APPROVAL
H.S. NO.
STATEMENT OF IN,TgNT
THE WATER SUPPLY AND SEWAGE DISPOSAL
SYSTEhlS FOR THIS RESI~NCE WiLL
COI~K2~M TO THI~ STANDARDS OF THE
~JIrF'~LK CO. 0~!~1', OF HEALTH SERVICES,
(~
SERVICES -- FOR APPROVAL (Ilr
CORI~TRU~TION ONLY
DATE: .... , , .:,,
H. S. RI[F.
~UFF'OLK CO. TAX
msT. S~CT.
New York State Depa~ment of Environmental Conservation
Regulatory Affairs Unit - Region I
Bldg. 40, SUNY, Room 219
Stony Brook, NY 11794
(516) 751-7900
J~ 6,19~
AMENDMENT TO PERMIT
Former Permit # (if any):
(~rmer ~rmit~e Alexander ~)
~g
Commissioner
RE: Permit No. & Location: ]~86-0092, ~ ~ver ~., ~iont
Joha C. Kerbs
P.O. Box 525
Greenport, NY 11944
Dear
X Your recent request to extend the above permit has been reviewed
pursuant to 6NYCRR, Part 621. It has been determined that there has not
been a material change in environmental conditions, relevant technology or
applicable law or regulations since the issuance of the existing permit;
therefore, the expiration date is extended to
x Your recent request to modify the above permit has been reviewed
pursuant to 6NYCRR, Part 621. It has been determined that the proposed
modifications will not substantially change the scope of the permitted
actions or the existing permit conditions.
Therefore, the permit is amended to authorize: (]) Construction of a single fanily
dwelling and attached deck within 47'x57' outline and place 250 cubic yards of fill within area of cesspools
between house and road. All work to be in accordance with attached plans prepared by J.C. Kerbs dated ]2/23/87,
approved by NYS~_C. (2) Oaange in nan~ of parmittee to above addressee. ~{~J~al C~{~m: (1) the 50'
natural vegetated buffer is to r(mmln; (2) dri'~a~ay is to be of permeable material; (3) This letter also
confirms that the 47'x57' building outline shown on said plan is 75' from the DEC determined tidal wetlands
line.
This letter is an amendment to the original permit and as such, shall be
posted at the job site.
All other terms and conditions remain as written in the original permit.
Very truly yours,
~fred T. Kellar
Deputy Regional Permit Administrator
RN-f
Sent
to:
"':
'~ .t ~gte ,',ment of ~nviro~.;~7-;.ai Conservation
~.~u!acory Affairs Unit - Region
Bldg. 40, SUNY, Room 219
Stony Brook, NY 11794
(516) 751-7900
Henry G. Williams
Commissioner
AMENDMENT TO PERMIT
Former Permit # (if any):
HE: Permit No. & Location:
Dear ~
~Kw Your recent request to extend the above permit has been reviewed
pursuant to 6NYCRR, Part 621. It has been determined that there has not
been a material change in environmental conditions, relevant technology or
applicable law or regulations since the issuance_~of the existing
~'~ner~ro.u,=~ *= the expiration date is extended to
~__~.~. Your recent request to modify the above permit has been reviewed
pursuant to 6NYCRR, Part 621. It has been determined that the propo==~
modifications will not substantially change the scope of the oermitted
~ ~ .... ' ~.l='_/.,g permit conditions
_.he.ero.e, the permit is a~nended ~o authorize:
AlL other terms and condztzons r~mazn as w[ztt~nz~ne orzgzqa~ perm:~. . ,j
· !
/
/
/ "o
New York State Depaflment of Environmental Conse~ation
Regulatory Affairs Unit
Bldg. 40, MUA~, Room 219
Stony Brook, N. Y. 11794
(516) 751-7900
Henry G. Williams
Commissioner
July 1, 1986
Ms. Ellen Larsen
P.0.Box 384
41505 North Road
Southold, N. Y. 11971
Re: Application No. 10-86-0092
Alexander Koke (Narrow River Rd.)
Dear Ms. Larsen:
An additional field check of this project was made on May 20th as a
result of your letter dated May 3, 1986 and that of Peter Wenczel dated
May I4, 1986.
Technical staff found a high meadow fringe consisting of Spartina
patens and Distichlis spicata along the shoreline of this lot with a
maximum width of about 35' extending inland from the "high water mark"
shown on submitted survey. DEC staff considers the upland edge of these
grasses where these predominate as the landward extent of tidal wetlands.
A part of this fringe does include the groundsel bush, Buacharis'halmir
folia. The seaward corners of the house were found to be about 75' from
the tidal wetlands grasses and the septic system more than,100' away.
While the groundsel bush does occur landward of the tidal wetlands
grasses it is intermixed with poison ivy and other upland plants. Groundsel
bushes by themselves are not considered by DEC staff as indicative of a
tidal wetland.
Thank you for your interest in the matter.
Very truly yours,~
Charles T..,a__l.on
Alternate Regional Permit Administrator
Region I
RNT:rw
cc:Peter Wenczel -
Southold Town Baymen's Assoc. Inc.
I~ODEI~ICK VAN TUYL,
Licensed Land Surveyors
FRONT STREET AT MA~N
GREENPORT, NEW YORK 11944
(516) 477~0170
August 26,
1986
OTTO W. VAN TUYL
Pr3fessional Engineer (Retired)
Board of Town Trustees
Town Hall, Main Road
Southold, NY 11971
Dear Board of Trustees:
There is apparently some question regarding the
topographical survey prepared by us for Alexander Koke
on Narrow River Road, Orient.
The enclosed map has been revised and marked to
clarify the datum used: The contours refer to an elevation
of 6.5 feet at the angle in l~arz'ow River Road, as shown on
the Suffolk County D.P.W. aerial survey, which is based on
the U.S. Coast & Geodetic Survey's 1929 datum at Sandy Hook,
establishing "mean sea level".
As previously noted on the Koke survey, the elevation
of the observed ordinary high water mark was 3.1 feet. To
refer the contours to ordinary high water, subtract the
3 feet from the numbers shown.
The elevation at the test hole site is 6 feet above
mean sea level; the depth to water was 4 feet. To refer
the contours to the depth to water, sub tract the 2-foot
difference from the numbers sho~a~ (see grading plan).
hope this helps to clarify the situation.
Sincerely,
Colin Van Tuyl
CVT:avtk
cc: Alexander G. Xoke
Edson & Bruer, Esqs.
Roy Haje
RODERICK VAN TUYL {L.S,)
COLIN VAN TUYL
RnDERICK VAN TUYL,
Licensed Land Surveyors
218 FRONT STREET
GREENPORT, NEW YORK 11944
(516) 477~)170
F3. C.
Naroh 21, 1988
To l~hom It May 0oncern:
Th~s is to certify that the ex~stin~ contou~ lines
sho~ on o~ "~p off Property s~eyed for ~ex~der G. Koke%
Narrow ~ver ~oad, 0r~ent (~f~olk ~o~ty T~ Parce~ 1000-
027-2-5) are ~he res~t off ~ actu~ f~eZd s~ey perffo~ed
by us on J~e 26~ 1986.
~e da~ for these elevation conto~s was t~en from
the 3~fo~ Oo~ty D.P.W. aeri~ s~ey, based on me~ sea
level of 1929 as established by the U.S. 0oast ~ Geodetic
3~ey at S~dy Hook, N.J.
0olin Van Tuyl
Free Supplement on request. See p. 4.
ALL P.M. 11DES AI~ SHOWN IN BLACK-FACED TY~
ONE HUNDRED AND FOURTEENTH YEAR
ELDRIDGE
TIDE AND
PILOT BOOK
1988
TIDES AND CURRENTS
Daily High and Low Water at BOSTON ....................... pages 12- 17
Tidal Differences, High and Low Water, Ports from
NOVA SCOTIA to KEY WEST ............................ pages 18 26
Charts of Currents, BUZZARDS BAY,
VINEYARD and NANTUCKET SOUNDS .................. pages 50 - 61
Daily Current Tables, CAPE COD CANAL, WOODS
HOLE and POLLOCK RIP ............................... pages 30 - 49
Daily High and Low Water at NEWPORT .................... pages 64 - 69
Daily Current Table, THE RACE ............................. pages 70 - 75
-- ~ Charts of Currents, BLOCK I., LONG I. Sounds ............... pages 78 - 83
Daily High and Low Water at BRIDGEPORT ................. pages g4 - 89
Daily High Water at WILLETS POINT ....................... pages 90 - 93
Daily HELL GATE, THE NARROWS Current Table ........... pages 94 105
Daily High and Low Water at THE BATTERY ................ pages 106 - I I I
NEW YORK HARBOR Current Charts ....................... pages 112 117
Daily High Water at SANDY HOOK ......................... pages 118 - 121
Daily DELAWARE BAY ENTR. and CHESAPEAKE
& DELAWARE CANAL Current Tables .................... pages 122 - 135
Daily High Water at BALTIMORE ........................... pages 136- 139
Current Differences from MAINE to FLORIDA ............... pages 141 - 149
LIGHTS & FOG SIGNALS -- COURSES & DISTANCES ..... pages 157 - 193
DISTRESS CALLS ........................................ page 241
RADIOTELEPHONE INFORMATION ...................... pages 243, 244
RADIOBEACON STATIONS ............................... pages 237, 239
SEE DETAILED LIST OF ASTRONOMICAL
WEATHER AND OTHER NA¥1GAT]ONAL DATA ........ I~ge I
ROBERT ELDRIDGE WHITE, Publisher
34 COMMERCIAL WHARF BOSTON, MASS. 02110
Tel. 742-3045
Copyright 1987 by Robert El~3r,dge White PRICE: $7.50
anti Marion Jewett White
THE TIDES AND THE MOON
232
PHASES OF THE MOON 1988
~ ~1~ · New MOOn, ~ 1st Quarter, 0 Foil Moon, ~ Last Quarter, A in Apogee
P in Perigee, N, S Moon farthest North or South of Equator, E on Equator
1988 ECLIPSES
THE PLANETS, 1988
of the year .DO no confu~e ~n~z wlth j}lp tor in early March ~r wiYth MercurYv from ~lald~une unt'I the end
op~si~ti~n to the sun and can be seen throughout the night. It then can be seen in t~e evening
visible f~ m~ than half the night On June 20 ~ is a o---siti~n to t,e s a.d ~n 1.~ Ma~h
~om mxd-~em~r ,t can ~ ~n only in t~ evening sky. It then ~omes ~ cl~ ~ lhe ~n for
233
THOMAS A TWOMEY. JR.
STEPHEN B LATHAM
JOHN F SHEA, III
CHRISTOPHER D KELLEY
LAWRENCE M STORM*
MAUREEN t. LICCIONE
CATRIONA GLAZEI~ROOK
DAVID M DUBIN**
*ALSO ADMITTED IN CONNECTICUT
TWOMEY, LATHAM, SHEA (~¢ KELLEY
ATTORNEYS AT LAW
33 WEST SECOND STREET
PO SOX 398
I¢IVI~:I~HEAI), NEW YORK 11901
516 727-2180
TELE fAX: 5t6-727-1767
9 NORTH MAIN STREET
EAST HAMPTON. N.Y. 11937
March 24, 1988
Mr. Gerard Goehringer
Chairman
Southold Town Zoning Board
of Appeals
Main Road
Southold, NY 11971
Re: Kerb's Parcel
Dear Mr. Goehringer:
Please find enclosed copies of three pictures which
were taken of the Kerb's parcel on December 3, 1986. The
photographs show as much as six inches of standing water
at the cesspool area and confirm that this area is subject
to salt water flooding
If you would like to view the original photographs
which are at my office, please let me know.
Sincerely,
~ ~' /
CG/drm
Enclosures ~
cc: Steve Latson
Ronnie Wacker
VICTOR LESSARD
EXECUTIVE ADMINISTRATOR
(516) 765-1802
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TO:
FROM:
SUBJECT:
DATE:
OFFICE OF BUILDING INSPECTOR
TOWN OF SOUTHOLD oc
Gerald Goehringer Board of Appeals
Victor Lessard - Executive Administrator~d~
JOHN KERBS DISAPPROVAL ORIENT PROPERTY
March 28, 1988
When I received an application for a building permit
from Mr. Kerbs, the Town Bay Constable and I went out to
the property for a personal observation. At this point in
time, I knew the trustees had okayed the application, but did
not read how the determination was arrived at because I wanted
to observe the problem, (if there was one), with an open mind.
I asked the bay constable for verification of different plants
I considered wet-land species. I would estimate that about
40% of the property contained wetland indicators, from the road
to the waterfront, to the point where I could not establish a
wet-land line. Based on this, and the fact that these wet-land
indicators were located such that nowhere could I see where a
dwelling could be constructed and remain outside the 75 foot
required of the
Please note that
but verification
were not wetland
law, and on that basis I issued the disapproval.
at no time did I ask the bay constable for anything
of my wet-land species and only that they were or
species.
VL:gar
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN Ri-lAD- 5TATI=' RnAD 25 ~SI-IUTH[3LDo I._.1., N.Y. l'lC:J'7'l
TELEPHONE (516) 765-1809
March 22, 1988
Stephen R. Angel, Esq.
Esseks, Hefter & Angel
108 East Main Street, Box 279
Riverhead, New York ll901
Re: Appl. No. 3687 - Jon C. Kerbs (Variance/Interpretation)
Dear Mr. Angel:
As you know, the above matter has been continued until
our April 14, 1988 meeting, at which time the Board will
consider concluding the hearing and commencing the 60-day
deliberations period. It was also agreed that no additional
verbal testimony would be received; however, written docu-
mentation will be accepted.
In the interim we do find it necessary to request:
1. a survey certifying:
(a) the location of the structure as approved by
the D.E.C. together with setbacks from all property lines,
setback from the five-foot contour line, and setback from
the D.E.C. wetlands and ordinary highwater mark;
(b) those contours between the five-foot elevation
and the ordinary highwater mark~
(c) verification of the areas to be filled and
re-graded/changed.
2. Construction plan of the proposed dwelling.
If possible, we would like to receive the above on or
about April 7th for Board reviews.
Page 2 - March 22, 1988
To: Stephen R. Angel, Esq.
Re: Appl. No. 3687 Jon C.
Kerbs
Please feel free to call if you have any questions.
Yours very truly,
lk
GERARD P.
CHAIRMAN
GOEHRINGER
THOMAS A TWOMEY, JR
STEPHEN B LATHAM
JOHN f SHEA, Ill
CHRISTOPHER D KELLEY
LAWRENCE M. STORM*
MAUREEN T. LICCIONE
CATRIONA GLAZEBROOK
DAVID M DUBIN**
*ALSO ADMITTED IN CONNECTICUT
AND FLORIDA
· 'ALSO ADMITTE{~ IN LOUISIANA
TWOMEY, LATHAM, SHEA (~ KELLEY
ATTORNEYS AT LAW
33 WEST SECOND STREET
P 0 BOX 398
516-727-2180
TELEFAX: 516-727-1767
9 NORTH MAIN STREET
HAMPTON, NY 11937
EAST
March 8, 1988
Mr. Gerard Geohringer
Chairman
Zoning Board of Appeals
Town of $outhold
Main Road
Southold, NY 11971
Re: Kerbs Permit
Dear Mr. Geohringer:
I currently represent the North Fork Environmental
Council in their legal proceedings brought against
Southold Town Trustees for their action of granting a
wetlands permit to John Kerbs.
It has come to my attention that Mr. Kerbs has
continued in his pursuit of a building permit, which was
turned down twice by the Southold building inspector, by
bringing an application toyour office. In light of the
ongoing law suit and in lieu of a possible acquisition of
the property by the State Department of Environmental
Conservation, I am requesting that you deny Mr. Kerb's
application for a building permit. The Kerbs parcel
consists of extensive wetlands species and it is known to
be subject to actual flooding as well. Therefore, any
building permit approval may be in violation of the New
York State Environmental Quality Review Act.
Thank you for your consideration.
~n~er~_e~
Enclosure
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH R. SAWICKI
Southold Town Board of Appeals
MAIN ROAD-~$TATE; ROAD 25 SOUTHOLD, L.I., N.Y.
TELEPHONE (516) 765-1809
March lO, 1988
Catriona Glazebrook, Esq.
Twomey, Latham, Shea & Kelley
33 West Second Street, Box 398
Riverhead, NY 11901
Re: Appl. No. 3687 -Jon C. Kerbs (Variance~Interpretation)
Dear Ms. Glazebrook:
Thank you for your recent correspondence concerning the
above matter. Copies of your letter have been distributed
to the Board members and made a permanent part of the s~bject
file.
For your information, please be advised that the public
hearing has been advertised for Thursday, March 17, 1988 at
8:20 p.m. Please be assured that should you attend, the
hearing will not commence before 8~20 p.m. and the hearing
will be held in the Assembly Room at the Town Hall, Main
Road, Southold.
Yours very truly,
Linda Kowalski
Board Secretary
SOIL AND WATI[R CONSERVATION DISTRICT
COUNTY OF SUFFOLK
MIClIAEL A. DD GRANDE
Decaaber 1, 1987
Mr. Gerard P. Goshringer, fihairman
Southold Town Board of Appeals
Main Road
Southold, New York 11971
Dear Mr. Goehringer:
Appeal No. 3686
Frederick & Diane Raymes
(Variance)
Appeal No. 3687
Jon C. Kerbs
(Variance)
Appeal No. 3688
Anthony & Sally Pirrere
(Variance)
In accordance with your recent request enclosed please find reports on the
three appeals listed above.
These assessments were prepared by Allan S. Connell, District Conservationist
with the USDA Soil Conservation Service. I hope .~that you will find them
helpful in reaching your decisions.
If we can be of further assistance please let ns know.
District Manager
Enclosures
164 Old Country Road
?
United States Soil
Department of Conservation
Agriculture Service
164 Old Country Road
Riverhead, Now York 11901
727-2315
November 30, 1987
Mr. Stanley A. Pauzer,
District Manager
S.C. Soil & Water Conservation District
164 Old Country Road
Riverhead, Now York 11901
Dear Start:
I have inspected the lot owned by Mr. Jon C. Kerbs located on Narrow River
Road in Orient.
~ae area is mapped Fill land sandy (Fs) in the Suffolk County Soil Survey. On-
site soil augering revealed a profile of dark loam and dense silt loam to a
depth of 2 feet. From 2 to 4 feet I found coarse sand. The water table was not
present within this profile. However, there is evidence that it does fluctuate,
and it is in fact a high water table soil.
The major environmental concerns I see for this area are, first, the hazard of
pollution from the septic syst~ into Hallocks Bay. Since soil rr~terial will
have to be hauled in to allow proper installation of a septic systsm soil fil-
tration of the leachate will be minimal depending on the water table conditions.
The other concern is the potential of sedimentation into the bay during con-
struction. This can be minimized by requiring the applicant to properly install
a silt fence or staked hay bales along the scuth east edge of the building envel-
ope to trap a~y sediment which m~ay move with runoff du~ing construction.
Any materi'~al that is stockpiled or that will be left exposed for 30 days or longer
should be planted to a ten~porary cover of - Oats at 2 lbs. per 1000 square feet if
planted in the spring or s~aner - or, cereal rye at 2 lbs per 1000 square feet if
planted in the fall.
If disturbance occurs during the winter months exposed areas should be mulched
heavily with straw and covered with jute netting to prevent soil movement. The
jute should be tacked down according to manufacturer's recommendations. There
are other suitable erosion control mats available-as well, which include the mulch
and netting all in one package.
I have enclosed information concerning the silt fence and erosion control mats
for the' applicant's info~raation. If he or the Board of Appeals have any questions
concerning these reconmendations, have them contact me.
Allan S. Conneli, District Conservationist
SCS~AS-1
~EOF~"~Silt Fence is used at the toe
ol: the slope to catch silt and sediment
particles before they enter a stream,
pnvate property, waterway, etc.
[] in streams to remove silt and sedi-
ment particles during in-stream ex-
cavation~ etc.
[] around catch basins to eliminate
the costly clea~ ~-out o/sediment-
laden basins.
[] around storage piles to eiimir~ate
loss of raw materials and contami-
nation of the environment.
[] in ditches and channels to slow the
velocity of water and catch sedi-
ment particles, thereby eliminating
the erosion of these channels.
[] as a means of reducing the sedi-
mentation of ponds by strategically
installing in areas where sediment
is running into a pond.
[] as a silt curtain in sedimentation
ponds to prevent short-circuiting
[] in combination with Geofab
DownDrain as a means of guiding
water to a specific location and
draining off a slope without
elosion.
Note the nonclogglng feature of
GEOFAB TM Slit Fence.
Telephone: (203) 226. 7803
Telex: 996431 MEDEINC
Cable Address: MEDEINC WESTPORTCONNECTICUT
Mercantile Development, Inc.
274 Riverside Avenue
PO, Box 2747
Westoort, CT 06880 U.S.A.
~. Fence posts consisting of either
steel or wood are installed 6' to
I0' apart on a slight angle toward
the anticipated run-off source.
2. A trench 4" to 6' deep is dug along
the uphill side of the fence line.
~ Geofab Silt Fence is unrolled and
laid out along the fence line.
~'~ Geofab builtqn attachment cord
runs throughout the full length of
each 150 linear foot roll. One end
of the roll has approximately 5' of
cord, the other end has approxi-
mately 20' of cord. The end with
the 5' of cord is wrapped around
the first post and tied securely
~ G~ofab is pulled to the next post
and a 1 ½, slit is made in the hem
directly above the cord. The cord is
pulled out of the hem and pulled
taut from the preceding post and
wrapped twice around the post.
The slitting of the hem at each post
is repeated until the final post is
reached, at which time the Geofab
Silt Fence is wrapped around the
last post and tied securely with the
enclosed cord.
At this time, the lower 4" to 6' of
Geofab Silt Fence is laid in the
trench and curled toward the ero-
sion saul'ce.
The trench is then filled with any
available soil.
*Selection of the type of posts
used to install Geofab Silt Fence as
well as the distance between
each post, is to be determined by
the specifications of the local State
Department of Transportation, the
design architect, or the amount of
sediment load anticipated to be
accumulated on the silt fence, as
well as the amount of time the silt
fence will be in use.
Fabric ~Yelght (OZ/~] ASTM D- 19 I0 4..2
Grab Strength IL~S, MD/CD~ ASTM D-I~2 130
Grab ~ - , ~ ~. ? ~ ~
Mullen Bu.t Stren~h (~11 ~TM D-77~-46 210
E.O.S. Equivalent Opening Size U.S. Cor~ of Engineers C~02215 70-100
Nov '77
Stan~rd Roll ~dth I~J 2', 3~, 4', 6'
7
ANTI-WASHTGEOJUTE®
Is Simple To Install
For' Soil And Seed Retention
· Safely and easily rolled onto
any area immediately after
grading
· Seed can be sown before or
after installing ANTI-WASH/
GEOJUTE '
· Open mesh construction
reveals bare
spots for easy re-
seeding
· 100 square yards can
be installed in as little as
one man hour
· Neither
skilled labor
nor special equip~
are required to secure
ANTI-WASH/GEOJUTE into
direct contact with~,s~o~il~u~_i..n, g
U-shaped staples also avail-
__ able from Belton
~ .
GEO lUTE ~
For more information about
Belton's ANTI-WASH/GEOJUTE,
write or call toll-free:
Industries, Inc.
8613 Roswell Road, Suite 200
Atlanta, Georgia 30338
Telephone: Outside GA (800) 225-4099
· Inside GA (404) 587-0257
15
Material Selection Based
On Slope Gradient
The product applications listed below are
intended to be used as a general guideline for
selection of North American Green erosion con-
trol blankets given specific site conditions as slope
gradient and estimated runofl~ The interactions of
slope length and gradient influence soil erosion.
An increase in either slope length or slope steep-
ness increases the velocity of water flowing down
the slope. As water velocity increases, so does the
potential for soil erosion.
The interwoven structure of North American
Green blankets reduces water velocity and its ero-
sive effects, and dislodged soil particles are
trapped in the blanket fibers..
Where slopes exceed 150 feet in length, the
material selected should be upgraded to a higher
use. For example, a 4:1 slope (S75) greater than
150' becomes a 3:1 recommendation (SI50].
COMPARISON OF SLOPE DEFINITIONS
,100%
5o/
0 0
Slopes 4:1 or less
Moderate runoff conditions
Slopes 1:1 or greater./~
/ C125
Slopes 3:1 or less
Slopes 2:1 or less
Heav~.runoff
'C125 and P300
Open channel liners and shore-
line protection Where water
velocities are 7-12 feet per
¸18
General Material Spec cations
Erosion Control Blankets
S-75, S-150, SC-150, SCC-225, C-125 and P-300
· Increase moisture retention
o Stay in place until vegetation is established
· Reduce rainfall impact
o Reduce water velocity
o Reduce soil loss
North American Green Erosion Control Blankets
provide water velocity reductions of 56-78% ,
leading the industry Lower velocities mean less
soil scouring and less sediment transport.
S-7~ $- ] 50
Straw . 100% 75 lb/ Straw 100% 75
sq yd sq yd
Channel Liners
C-125 and P-300
,,Stay in place under peak flows
'~Minirnize channel erosion, even on steep
slopes
North American Green C-125 and P-300 blankets
can withstand flows up to 12 fps at slopes of 12%,
and even higher flows at lower slopes.
North American Green Erosion Control Blankets
are clearly superior to alternative mulching prod-
ucts in reducing the concentration of sediment in
runoff water.
In University tests, North American Green Erosion
Control Blankets reduced soil losses by up to 99%
when compared to bare soil losses.
North American Green erosion control blankets are
the most cost-effective products available today
for channel linings and critical, erodible sites.
SC-150
SCC-225
wi[h High Veloo~y Run-
Offs
MATERIAL CONTEN~
P-300 C-125
Slopes and Ditch L~nings
MATERIAL CONTEN~
Southold Town Board of Appeals
MAIN RIDAD- BTATE' REiAD 25 SOUTHrlLD, L.I., N.Y. 1'19'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
April 14, 1988
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR. S. E. Q. R. A.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION
JOSEPH H, SAWICKI
Notice of Determination of Non-Significanc~
APPEAL NO.: 3687
PROJECT NAME: JON C. KERBS
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8.of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse_effect on the environmen~ for the reasons indicated
below.
Please take further notice that t~is 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 [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Interpretation and, if necessay, a Variance
for permission to locate building 75 feet from the N.Y.S.D.E.C. de-
termuned tidal wetlands line .
LOCATION OF PROJECT: Town of Southold, County of %~ffolk, more
particularly known as: E/s Narrow River Road, Orient,
1000-27-2-5
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) The relief requested is a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda K6walsRi, Secretary,
Southold Town Board of Appeals,.Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802.
Copies of this notice se~t to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
mc
NOTICE OF HEARINg§~'
NOtiCE IS
EN, pursuant to
the T~ ~w and
the ~wn of Southold, the
following hearings will be held
~ the ~
~ at a
Town Hall, Main Ro~fl,
Southold, NY, on
APRIL 14~ 1988 at the follow-
ing times:
7:35 p.m. Appl. No. 371%
SOUTHOLD SAVINGS
BANK. Variance to the Zoning
Ordinance, Article VI, Section
100-60 (C) [2] (a) for permission
to erect an on-premises building
identification sign, the lower
edge of which will be less than
four feet above ground. Loca-
tion of Property: 1400 Railroad
(Youngs) Avenue, Southold, NY~
County Tax Map Parcels Nos.
1000-60-2-1.4 (prey. 10.2 & 10.3).
7:35 p.m. Appl. No. 3716-
ROBERT E. WALDRON~ JR.
Variance to the Zoning Or-
dinance, Article XI, Section
100-119.2 for permission to con-
struct deck addition at rear of
existing dwelling which is less
than 75 feet from the mean
highwater mark along dredged
canal at James Creek, Mat-
tituck. Location of Property:
2980 Ole Jule Lane, Mattituck,
NY; County Tax Map Parcel No,
1000-122-4-17.
7:40 p.m. Appl. No. 3575-
ROSA J. HODGSON.
Variances to the Zoning Or-
dinance, Article Ill, Section
100-31, Bulk Schedule, for aP-
proval of the insufficient area
and width of parcel ~ be set-off
in this pending division of land.
Location of Property: North
Side of Pine Neck Road,
Southold, NY; County Tax Map
Parcel No. 1000-70-6-33. Con-
taining 7.152 acres total.
7:50 p.m. AppL No. 3707-
JOSEPH F. ~ITARDI.
Variances to the Zoning Or-
dinance, Articles: (a) XI, Section
100-119.2 as to insufficient set-
back from bank or bluff along
the Long Island Sound, and (b)
III, Section 100-31, Bulk
Schedule, as to insufficient
frontyard setback from the front
[southerly] property line along
C.R. 48, in this proposal to con-
struct new single-family dwell-
COUNTY OF SUFFOLK
STATE OF NEW YORK
P~tricia Wood, being duly sworn~ says that she is the
i~I. Location of Property: t forpermis$iont~olocatehuildinll~ .WATCHMAN,
5~ C.R. 48, Greenport, NY; pursuant to DEC Permit No~
10-86-0092 and Trusteeg Jffo[k County;
County Tax Map Parcel No.
1000-44-01-22.
8:05 p.m. Appl. No. 3709-
EDWARD A. HANUS. (Recess-
ed from February 18, 1988, as
agreed). Special Exception for
approval of Accessory Apart-
ment within existing dwelling in
accordance with the re-
quirements of Article lIl, Sec-
tion 100-30B(15). Location of
Property: 635 Lupton Point
Road, Mattituck, NY; County
Tax Map Parcel No.
1000-115-11-3.
8:15 p.m. Appl. No. 3715-
BERNARD KIERNAN.
V~iance to the Zoning Or-
dinance, Article XI, Section
100.119.2 for permission to con-
struct additions to dwelling and
accessory structure(s) within 75
feet of thc ordinary highwater
mark along Southold Bay. Loca-
tion of Property: 1605 North
Parish Drive, Southold, NY;
County Tax Map Parcel No.
1000-71-1-15.
8:20 p.m. Appl. No. 3722-
MANFRED KUERNER.
Variances to the Zoning Or-
dinance, Article XI, Section
100-119.2 and Article III, Sec-
tion 100-31, for permission to
extend garage an additional two
feet from that previously
granted under AppL No. 3706
and to construct additional liv-
ing area at rear of dwelling with
reduction of nonconforming
sideyard at the north and south
sides, insufficient total
sideyards, excessive lot coverage,
and within 75 feet of bulkhead
along highwater of "Old Cove"
[a/k/a Arshamomaque Pond].
Location of Property: East Side
of Carole Road, Southold, NY;
County Tax Map Parcel No.
A -52-2-3.
· = 8:30 p,m, AppL No. 3687-
JON C. KERBS. (Recessed from
March 17, 1988). Interpretation
and, if necessary, Variance
under Article XI, ~n
100-119.2 of the Zoning?de,
Wetland Permit No. 373. Loc~. printed copy,
tion of Property: East Side of, clef-Watchman
Narrow River Road, Orient, Ny;
County ~ Map Parcel No. · ..... weeks
1000-27-2-5.
8:45 p.m. TARTAN oIL
CORP.: ............
(a) Appl. No. 3633- Special
Exception under Article VII,
Section 100-70(B) of the Zoning
Code for approval of the
establishment of a partial self-
service gasoline station; and
(b) Appl. No 3636- Variance
under Articles VI, Section
100-62(B), VII, Section
100-70(B) for an Interpretation
of "retail shopping center" and ...... d ay of
for permission to establish con-
venience store as an accessory to
the existing gasoline-service
station.
Location of Property: South
Side of Main Road, West Side
of Marratooka Lane, and the
East Side of Sunset Avenue,
Mattituck, NY, 1000-115-3-9. ' ...........
Zone: "B-I" General Business.
8:50 p.m. Appl. No. 3703-
JOHN AND EVELYN
KEATING, Variance to the Zon-
ing Ordinance, Article XI, Sec-
tion 100-119.2 for permission to
construct new dwelling and
garage with an insufficient set-
back from top of bluff or bank
along the Long Island Sound.
Location of Property: 19995
Soundview Avenue, Southold,
NY; County ~ax Map Parcel No.
1000-51-04-006.
9:00 p.m. Appl. No. 3710-
THE COVE AT SOUTHOLD,
IN¢, (Continued from March
17, 1988).
The Board of Appeals will
hear at said time and place ail
representatives or perso~ desir-
ing to be heard in each of the
above matters. Each hearing will
not start before the time allot-
ted. Written comments may be
submitted prior to the conclu-
sion of the subject hearing. For
more information, please call
765-1809.
Dated: April 1, 1988
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER,
CHAIRMAN
Linda Kowalski,
Board Secretary
1T-4~/7~/88{.59)_
he Zmting Ordinance, Article XI,
-~ectice I00-119.2 for permission
,nd accesso~y structure(s) within
/5 fee~ of the ordina~ highwater
LO~tiO~ of Property: 1605 North
C.~amy Tax M~p parcel No.
71-1-1~.
8:20 p.m. Appl. No. 3722 -
MANFRED KUERNE~ Vmim~ces
coverage, and ~ 75 feet of
bulkhead ilm_~ kighwmer of "Old
Ceeb' [~r,/a 'Ar~ pondJ.
L~ns~m, ,tsf-~ l~a~t Side of
Cnto'le Road, Southold, NY;
County Tax Map Parcel No. 1000-
52-2-3.
~8:30 p.m. AppI. No. 3687 -
~L=~. (Recessed from
March 17, 1988). Interpretation,
and. if necessary, Variance under~
Article XI. Section 100-119.2 of
the Zo~ng Code. for permission
to locate b~lding pursuant to DEC
Permit #10-86-0092 and Trustees
Wetland permit #373. Location of
property: East Side of Narrow
~River Road, Orient; County Tm~
,~c~im 100-70(B
Code for app~I'ATEOFNEWYORK )
establishment o{ ) SS:
se~dce gasoline s~
Co) Appl. No. ~OUNTY OF SUFFOLK }
under A~icles ~
62(B), VII, Sectia
an Intc~retatic~ C'hw~ ~-~,= '"'~'~-~'~+'O of Greenport, in
sh°pl~in~ cefobid County, being duly sworn, says that he/she ~s
perm[sston
convenience stun incipal Clerk of THE SUFFOLK TIMES, a Weekly
to the existing
station. ~wspaper. published at Greenport. in the Town
Location of [ Southold. County of Suffolk and State of New
Side of Main R~
Marratoeka Lane, )rk, and that the Notice of which the annexed is
of Sunset Avenue printed copy. has been regularly published in
1000-115-3-9.
General Busings. lid Newspaper once each week for
~/oeks aucceeeJvely, commencing on the __
dayof ~,pt- ~ 1 19~3~- 7
~ip~al Clerk
sworn ora eth,s_Z
APPEALS BOARD
MEMBERS
GERARD P, GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, .IR.
ROBERT .1. DOUGLASS
'IOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11=J'71
TELEPHONE (516) 765-1809
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time and date
of the public hearing concerning your recent application is
a copy of the Legal Notice as published in the L.I. Traveler-
Watchman, Inc. and Suffolk Weekly Times, Inc.
Someone should appear in your behalf during the public
hearing in the event there are questions from board members
or persons in the audience. Please be assured that your
public hearing will not start before the time allotted in
the Legal Notice.
If you have any questions, please feel free to call
our office, 765-1809.
Yours very tr~lv_~, ~
G'ERARD P. GOEHR~"NGER ~
CHA[RHAN
Enclosure
Linda Kowalski
Secretary and Board Clerk
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN,
Town Law and the Code of the
hearings will be held by the
at a Regular Meeting at the
Southold, New York, on
ing times:
pursuant to Section 267 of the
Town of Southold, the following
SOUTHOLD TOWN BOARD OF APPEALS
Southold Town Hall, Main Road,
THURSDAY, APRIL 14~ 1988 at the follow-
7:30 p.m. Appl. No. 3719 - SOUTHO[D SAVINGS BANK.
Variance to the Zoning Ordinance, Article VI, Section lO0-
60(C)[2](a) for permission to erect an oh~premises building
identification sign, the lower edge of which will be less
than four feet above ground. Location of Property:
1400 Railroad (Youngs) Avenue, Southold, NY; County Tax
Map Parcel N~s. 1000-60-2-10.4 (prev. 10.2 & 10.3).
7:35 p.m. Appl. No. 3716 - ROBERT E. WALDRON, JR.
Variance to the Zoning Ordinance, Article XI, Section
100-119.2 for permission to construct deck addition at
rear of existing dwelling which is less than 75 feet
from the mean highwater mark along dredged canal at
James Creek, Mattituck. Location of Property: 2980 Ole
Jule Lane, Mattituck, NY; County Tax Map Parcel No.
1000-122-4-17.
7:40 p.m. Appl. No. 3575 ROSA J. HODGSON. Variances
to the Zoning Ordinance, Article III, Section lO0-31, Bulk
Schedule, for approval of the insufficient area and width
of parcel to be set-off in this pending division of land.
Location of Property: North Side of Pine Neck Road, Southold,
NY; County Tax Map Parcel No. 1000-70-6-33. Containing
7.152 acres total.
7:50 p.m. Appl. No. 3707 JOSEPH F. CITARDI. Variances
to the Zoning Ordinance, Articles: (a) XI, Section 100-119.2
as to insufficient setback from bank or bluff along the Long
Island Sound, and (b) III, Section 100-31, Bulk Schedule, as
to insufficient frontyard setback from the front [southerly]
property line along C.R. 48, in this proposal to construct
new single-family dwelling. Location of Property: 56225
C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-44-01-22.
Page 2 Notice of Hearings
Regular Meeting - April 14, 1988
Southold Town Board of Appeals
8:05 p.m. Appl. No. 3709 - EDWARD A. HANUS. (Recessed
from February 18, 1988 as agreed). Special Exception for
approval of Accessory Apartment within existing dwelling in
accordance with the requirements of Article III, Section
100-30B(15). Location of Property: 635 Lupton Point Road,
Mattituck, NY; County Tax Map Parcel No. 1000-115-11-3.
8:15 p.m. Appl. No. 3715 BERNARD KIERNAN. Variance
to the Zoning Ordinance, Article XI, Section 100-119.2 for
permission to construct additions to dwelling and accessory
structure(s) within 75-feet of the ordinary highwater mark
along Southold Bay. Location of Property: 1605 North Parish
Drive, Southold, NY; County Tax Map Parcel No. 1000-71-1-15.
8:20 p.m. Appl. No. 3722 - MANFRED KUERNER. Variances
to the Zoning Ordinance, Article XI, Section 100-119.2
and Article III, Section 100-31, for permission to extend
garage an additional two feet from that previously granted
under Appl. No. 3706 and to construct additional living
area at rear of dwelling with reduction Of nonconforming
sideyard at the north and south sides, insufficient total
sideyards, excessive lot coverage, and within 75 feet of
bulkhead along highwater of "Old Cove" [a/k/a Arshamomaque
Pond]. Location of Property: East Side of Carole Road,
Southold, NY~ County Tax Map Parcel No. 1000-52-2-3.
8:30 No. 3687 JON KERBS. (Recessed
p.m.
Appl.
c.
om March 17, 1988). Interpretation and, if necessary, //
riance under Article XI, Section 100-119.2 of the Zoning f
de~ for permission to locate building pursuant to
C Permit #10-86-0092 and Trustees Wetland Permit #373.
cation of Property: East Side of Narrow River Road,
ient; County Tax Map Parcel No. 1000-27-2-5.
8:45 p.m. TARTAN OIL CORP.:
(a) Appl~ No. 3633 Special Exception under
Article VII, Section lO0-70(B) of the Zoning Code for
approval
gasoline
of the establishment
station; and
(b) Appl. No. 3636
Section 100-62(B), VII, Section
tion of "retail shopping center"
establish convenience store as
gasoline-service station.
of a partial self-service
Variance under Articles VI,
lO0-70(B) for an Interpreta-
and for permission to
an accessory to the existing
Page 3 Notice of Hearings
Regular Meeting - April 14, 1988
Southold Town Board of Appeals
Location of Property: South Side of Main Road, West Side
of Marratooka Lane, and the East Side of Sunset Avenue, Matti-
tuck, NY, 1000-115-3-9. Zone: "B~I" General Business.
8:50 p.m. Appl. No. 3703 JOHN AND EVELYN KEATING.
Variance to the Zoning Ordinance, Article XI, Section 100-119.2
for permission to construct new dwelling and garage with an
insufficient setback from top of bluff or bank along the Long
Island. Location of Property: 19995 Soundview Avenue,
Southold, NY~ County Tax Map Parcel No. 1000-51-04-006.
9:00 p.m. Appl. No. 3710 THE COVE AT SOUTHOLD, INC.
(Continued from March 17, 1988).
The Board of Appeals will hear at said time and place
any and all representatives or persons desiring to be heard
in each of the above matters. Each hearing will not start
before the time allotted. Written comments may be submitted
prior to the conclusion of the subject hearing. For more
information, please call 765-1809.
Dated: April l, 1988.
BY ORDER OF-THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
Linda Kowalski, Board Secretary
Page 4 - Legal Notice
Regular Meeting - April 14, 1988
Southold Town Board of Appeals
Copies to the following on or about 4/4/88:
Suffolk Times, Inc.
L.I. Traveler-Watchman, Inc.
Individual Board Members(with
Town Clerk's Bulletin Board
copies of file)
Bruer & Lark, Main Road, Box 1059, Southold, NY 11971
as Attorneys for Southold Savings Bank
Mr. Robert E. Waldron, Jr., 2980 Ole Jule Lane, Mattituck, NY 11952
Mr. Garrett A. Strang, R.A. as Agent for Mrs. Rosa Hodgson
P.O. Box 1412, Southold, NY 11971
Mr. Harold Conroy, Lighthouse Lane, 'Southold, NY 11971
Peconic Associates, Inc., One Bootleg Alley, Box 672,
Greenport, NY 11944
Charles R. Cuddy, Esq., 180 Old Country Road, Box 1547, Riverhead,
NY ll901, as Attorney for Mr. and Mrs. Edward A. Hanus
Mr. Sam Ganshaw, Lupton Point Road, Mattituck, NY 11952
Mr. and Mrs. Jack Drobet, Box 965, Mattituck, NY 11952
Abigail A. Wickham, Esq. (Attn.: Joyce Steiner) in behalf of
Mr. Joseph R. Corso
Mr. Joseph R. Corso, 750 Lupton Point Road, Mattituck, NY 11952
Mr. and Mrs. Edward A. Hanus, 635 Lupton Point Road, Mattituck~
NY 11952
Mr. Garrett A. Strang, R.A. as Agent for Mr. Bernard Kiernan
P.O. Box 1412, Southold, NY 11971
Patricia C. Moore, Esq., Moore & Moore, Box 23, Mattituck, NY 11952
as Attorneys for Manfred Kuerner and John & Evelyn Keating
Stephen R. Angel, Esq. as Attorney for Jon C. Kerbs
108 East Main Street, Box 279, Riverhead, NY 11901
Mr. Jon C. Kerbs, Box 525, Greenport, NY 11944
Catriona Glazebrook, Esq., Twomey, Latham, Shea & Kelley
33 West Second Street, Box 398, Riverhead, NY 11901
William D. Moore, Esq., Moore & Moore, Box 23, Mattituck, NY 11952
as Attorney for Tartan Oil Corp.
Mr. and Mrs. Gregory Ofrias, Sunset Avenue, Mattituck, NY 11952
Mr. Wilbur Klatsky, The Cove at Southold, 5044 Expressway Drive South,
Ronkonkoma, NY 11779
Mr. John Bredemeyer, President, Town Trustees Office
NOIICI~ lb HI~Kt~IJY ~Iv-
EN, pursuant to S~tion 267 of
the Town ~w ~d the Code of
the Town of ~uthold, the
following bea~ngs will be held
by tbe SOUTHOLD ~WN
RD ....... at a
~1~ M~ng at the ~u~old
Town Hall, Main Road,
~uthold, NY on THURSDA~
MARCH 17. 1988 at the follow-
ing times:
7:35 p.m. AppL No. 3714-
DALE MAYNARD· V~ce to
the ~ni~ Ordinanc~ A~icle
Ill, Section 100-31, Bulk
~h~ul~ for appm~ of the in-
suffici~t ~a ~d ~dth of t~
p~els ~ appm~ ~ the Pla-
ning Bo~d in the subdivision
kn~n ~ "~w~ ~, ~-
tion E' Fil~ Map No. 2575.
~tion of ~y: ~t
of ~awo~ Dfiv~ Southold,
NY; County ~ Map ~els
No. 1~79-7~ ~d 65.
7:~ p.m. Appl. No. 3713-
~ V~ to
*be ~ng Ordin~c~ A~icle
III, Se~ion 1~32 for appmv~
of ~be const~ion of a~so~
stooge sh~ ~th ~ insuffi~ent
setback from prope~y lin~ at
premises known as 14~ Water-
view Drive, Southold, NY;
County ~ Map ~el No.
1~78-7-~4.
7:45 p.m. AppL No. 3711-
ERNEST AND DORIS/
.......... V~ce to the
~nin~ O~inanc~ A~icle XI,
~ion 1~119.2 for ~ssion
to construct d~k with ~ insuf-
ficient setback from ~sting
bulkh~d at prc~s~ known ~
915 Mill Cr~k Dfi~ Southold,
~, Co~ty ~ Map ~1N~
~135-3-37.
7:50 p.m. APpl. N~ 3712-
ROBERT CLEMENS.
Variances: (a) to the Zoning Or-
dinance, Article II1, Section
100-31, Bulk Schedule, for per-
mission to construct additions
to dwelling with an insufficient
rearyard setback from the
easterly property line, and (b)
for approval of access pursuant
to New York Town Law, Section
280-a over a private right-of-way
extending off the south side of
· Main Bayview Road, Southold,
NY; County 'lhx Map Parcel No.
1000-87-5-17.
8:00 p.m. AppL No. 3543-
PETER AND BARBARA
HERZ. Variances to the Zoning
Ordinance, Article XI, Section
100-119.2 for permission toj
locate new single-family dwell-
ing with insufficient setbacks
from existing bulkhead and
from highwater areas along
Midway Inlet and Hog Neck
Bay, premises known as 70
Cedar Point Drive, Southold,
NY; Cedar Beach Park Map,
Part of Lots 152 and 110; Coun-
ty Tax Map Parcel No.
1000-90-02-13.1.
t~AUNTY OF SUFFOLK
TE OF NEW YORK ss:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for / weeks
successively, commencing on the ............ ./?. ~ .....
....
,~8:20 p.m. Appl. No. 368%
30N C, KERBS· Interpretation
~ary, Variance
under Article XI, Section
100-119.2 of the Zoning Code,
for permission to locate building
~'/5 feet from the N.Y.S.D.E.C.
~letermined tidal wetlands line as
~pproved under D.E.C. Permit
No. 10-860092 and in accor-
dance with Town Trustees
· Wetland Permit No. 373 condi-
tionally approved June 25, 1987.
Location of Property: East Side
of Narrow River Road, Orient,
NY; County Tax Map Parcel No.
1000-27-2-5.
..T 8:35 p.m. Appl. No. 3710-
HE COVE AT SOUTHOLDv'-
llN~. Variance'under Article XI,
Section 100-119.2 of the Zoning
Code, for permission to locate
buildings 75 or more feet from
the N.Y.S.D.E.C. determined
tidal wetlands line and at not
less than 18 feet from the Town
Trustees determined wetland
grasses as approved under
Trustees Permit Application No.
601. Location of Property:.
South Side of Main Bayview
Road, Southold, NY; County
Tax Map Parcel No.
1000-87-5-20.
The Board of Appeals will
hear at said time and place all
representatives or persons desir-
ing to be heard in each of the
above matters. Each hearing will
not start before the time allot-
ted. Written comments may be
submitted prior to the conclu-
sion of the subject hearing. For
more information, please call
765-1809.
Dated: Mar~h 3, 1988
- BY ORDER OF THE
. ~-: SOUTHOLD TOWN
BOARD OF APPEALS)"~
GERARD P. GOEHRINGER,
CHAIRMAN
Linda Kowalski,
Board Secretary
IT-3/10/88(5)
me this ........... ./..~.__ .... day of
........
.... ............
Notary Public
BARBARA FORBES
/qotsry Public, State of New York
No. 48(~846
Qualified in 8aB'olk County
Commission Expires ~/~. ~/ 19oeO['
/
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN,
F~puranant to Section 267 of the
Town Law and the Code of the
Town of Southold, the following
hearings will be held by thc
SOUTI~OLD TOW~ BOARD OF
~ at a Regul~ Meedn~ et
the Southuld Town Hall, Main
Road, Sonthuld, New Yetis, on
the foliow:ing times:
Property: West Side of Seaw°ed''' of-way extending off the south 8:35 p.m. APPi. No. 37t0 -
D6ve, Southcld, NY; County Tan side of Main Bayview Road,
Map Parcels No. 1000-79-7-64 Sm~thuld, NY; County Tax Map ~-~
and 65. ~ . Parcel,No-- 1000-~7.-~.J,~/ ce under Article XI, Se~en
'/:40'pas~Al~. No. 37i~ -~_ ~ ,:00p.m. Ai~'No' 3543 - 100'llg.2 of the Zonlng Cede, for ~
ROBI~I~T STAROI~. Variance to. PETF. R AND BARBARA HEll,Z. permission to locate buildings 75 .:
the Zoning Ordinance, Article IT/, Variances to the Zoning or more feet from the N.Y.S.
D.E.C. detonnlned tidal wetlands ~,
Section 100-32 for approval of the Ordinance, Article XI, Section line and et nm less than 18 fee~..{
construction of accesso~/ storage 100-119.2 for permission to
shed with an insufficient se~bech ft~m the Town Trustees demnnined
. !~locate new dn~le-family dv,,elUn~
from property lines at premises ' ' with insufficient setbacks f~om° wetland grasses ~s apv, o,,ed ~ · Of Greerlport. in
Trustees Permit Applicetlon No. '~n, says that he/she is
: know~ as 1490 Waterview Drive. existing bulkhead and from 601. Location of Property: South ' ~
Southuld, NY; County T~x Map bighwater areas ulong Midway Side of Main Bayview Road, :eLK TIMES, e Weekly
Parcel No. 1000-78-7-54. lnlel and Hog Neck Bay, premises
7:45 p.m. Appl. No. 3711 . Southold, NY; County Tax Map ;reanport, in the Town
]~.Nrf:_qTANDDORiF~RORiNSO.N. known as 70 Cedar Point Drive. Parcel No. 1000-87-5-20.
Southuld. NY; Cedar Beach Park
The Board d Appeals ~ ~ folk and State of New
Variance to the Zoning Ordinance. M~p, Pan of Lots 152 and 110; at said time and place all
Article XI. Section I00-119.2 for Ce~nty Tax Map Parcel No. 1000- f which the annexed is
pemfission to construc~ deck with 90-02-13.1.
representetives.or perSOns desiring
an insufficient setback from ,t~'~8:20 p.m. Appl. No. 3687 -~ to be heard in each of the above ?egu arly published in
existing bulkhead at prelnises ~ IO.N C_ K~enS. t,~,','pmtetien.= ~. matters. Each hearing will n.~.~..~Ch week for
known as 915 Mill Creek ~ive, I nnd, if necessa~y,:¥adanCe ~nde~; ~ start bafo~.,.fl~_ t~e allotted --
I ' Wstl~n~'?¢0mments may b~ 'encing on the 3- 0
Southold, NY. County Tan Map Article XI, Section 100-119.2 of ~ submitted plier to the COnclusion ~,~
Pa~.l No. 1000-135-3-37. the Zoning Cede, for pennissi~ '~fo~ s.ub'jc~beating. For mare sa___
7:30 p.m. Appl. No. 3714 - 7:50 p.m. Appl. No. 3712 - locate beildin~ 75 feet from the
DAIJ~M~YNARD Variance to tbe ~. Variances: to
,, _ . atm.°n..wease oH 765-1809.
N.Y.S.D.E.C. determined tidal ~u~: ~3, 1988.
(a) to the Zoning Ordinance,~ wetlands line as approved onder
Zon.ing Ordinance, A,icin H'i, Article I11, Section 100-31 .
Secu~ J0731, Bulk Schedule, for Schedule fo- .., Buli~ D.E.C. Pem~,t #10-86-0092 and in {----_ BYORDI~ ...-, ~ --./.-~ L-
approval o! thc insufficient ama · · permission to accordance wi,s..v ..... ~- ~OP'IHE~OUTHOL~ z~ ]]-yf-'y/,~
d width of two ~arcels as ....... o dwelling f Wetland Permit ~-. ~.~, / TOWN~]OARDOFAPPEALS .~ .... ~
approved by the phmti~,g B~rd in ~.,~a~ =s~uff, c,ent rearyard[ conditionally .mwovej'~,',.e"~'~ / O{~UIRDp. GoEI~JNGI~. 'rlncipalC{erk
~ap ~o. 2575. Location of ,~__ .,o~,,,,.w ,o~ .~own Law, [ NY; County Tax Map Parcel No. ~ ; Board Set,Asp/ /"
~ .,~- ,~o~-a over a private right- 1000-27-2-5. 5,851-1TMI0 : . . )
Southold Town Board of Appeals
APPEALS BOARD
MEMBERS
GERARD P, GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time and date
of the public hearing concerning your recent application is
a copy of the Legal Notice as published in the L.I. Traveler-
Watchman, Inc. and Suffolk Weekly Times, Inc.
Someone should appear in your behalf during the public
hearing in the event there are questions from board members
or persons in the audience. Please be assured that your
public hearing will not start before the time allotted in
the Legal Notice.
If you have any questions, please feel free to 'call
our office, 765-1809.
Yours very tr.ulv_., . ~
G'I~RAI~D P. GOEHR~NGER ~
CHAIRMAN
Enclosure
Linda Kowalski
Secretary and Board Clerk
TRANSCRIPT OF HEARING
SOUTHOLD TOWN BOARD OF APPEALS
REGULAR MEETING OF
THURSDAY, MARCH 17, 1988
Appl. NO: 3687
Applicant(S~:~ JON C. KERBS
Location of Property: E/s Narrow River Road, Orient
County Tax Map ID No. 1000- 27- 2 - 5
Board Members Present: Chairman ~erard P. GOehringer,
Members: Grigonis, Doyen, Douglass.(Mr. Sawicki was absent.)
Also Present: Victor Lessard (Building Department) Linda
Kowalski, Z.B.A. Secretary and approximately 75 persons in
the audience.
The Chairman opened the hearing at 8:52 o'clock p.m.
and read the notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of a survey which is not
necessarily depicting the exact size of the house which is the
one I placed out here; produced by Roderick VanTuyl, P.C. and
surveyed with a most recent date of August 16, 1985, indicating
the proposed house and elevations and marsh grass, etc. And I
have a copy of the Suffolk County Tax Map indicating this and
surrounding properties in the area and a copy of the D.E.C.
permit indicating the house increased to 47 feet by 57 feet,
which is quite clearly stated on here. I just want to point out
for the record that in reading the legal notice in this particuA
l~a~ hearing we are dealing mainly with an interpretation at thi~
particular time. I'd like everybody to be aware of the fact that
we do not, although we are extremely sensitive and it was really
probably very good that most of you sat in on the last hearing
so that you were aware of the fact and the agonization that we
go through in dealing with the position of wells and cesspools,
the position of houses in specific areas where there are bulk-
heads, where there are not bulkheads. And in this particular
case with the prior hearing, we had a bulkhead. We had a de-
lapidated bulkhead. I'm not talking specifically about that
particular case but basically issues that are germane to this
case and that is; we are dealing with setbacks. Although we
are extremely sensitive to the environment as we were in that
particular case because for the people that are present here,
that particular case went three hearings and we were dealing
with specific changes of design of the house; specific changers
of positioning on the lot and we're going to go down and measure
again before we render any decision. For a similiar type of
situation is existing here. And in that, we are,dealing with
a setback line from a particular area, from a particular govern-
ment, I'll call it municipality, and that's the New York State
Department of Environmental Conservation. And we're dealing
with our jurisdiction in the particular area under 119.2 of the
zoning code. It's a similiar overlapping jurisdiction from a
Page 2 - Thursday~arch 17, 1988
Public Hearing - ~ C. Kerbs
So~thold Z.B.A.
CHAIRMAN GOEHRINGER (continued):
setback issue that the Trustees have from an environmental issue.
And I'm not talking for the Trustees. The President of the Trus-
tees is here tonight and if the hearing is required, maybe we'll
ask him some questions. And if he so desires to answer them,
based on that particular issue. But we are talking mainly about
a setback and an interpretation of this particular ordinance. I
just want to point out for the record that it is clearly stated
in 199.2 that from the Bay and from the Creeks; our actual juris-
diction starts in excess of 75 feet. And the maps that I have
before me are basically maps that are dealing with in excess of
75 feet and that's a~l I can say at this point. So we'll start
with whoever would like to present this particular application
and I believe that is Mr. Angel.
MR. ANGEL: My name is Steve Angel, Esseks, Hefter and Angel. We
represent the applicant, Jon Kerbs. As Mr. Goehringer pointed out,
what we're here for is primarily an interpretation under section
100-119 2B of your code which requires setbacks along waters
other than the Sound at 75 feet. As you probably saw from the ap-
plication that was submitted, the application concerning this prop-
erty, applications before other agencies, have a pretty long his-
tory. And I want to set the stage for this application by giving
you copies and submitting in evidence the various germane approvals
and notices, the ones that relate to this issue. To set the stage
for you, you all have a survey. This is a locked parcel of land
over 32,000 square feet in area located on Narrow River Road in
Orient. It's sandwiched in between a town boat launching ramp and
existing small marina. As I said, you probably have all seen the
survey and perused the application. The first document I should
point out initially that it's our position that the proposed con-
struction is all more than 75 feet from the wetlands line no mat-
ter how you measure it. And no matter what definition you use.
Whether it's the state definition or the definition contained in
your code. Now, the first thing I'd like to bring to your atten-
tion and introduce is a copy of the initial D.E.C. Tidal Wetlands
Permit on this property and that was issued on May 2, 1986. It's
hard to work as a lawyer without a lecturne. It's like a juggling
act. It's hard to carry that. I should note, by the way, that the
face of this D.E.C. permit reflects that it was issued so that all
parts of the house could be a minimum of 75 feet from tidal wet-
lands. There isn't a map appended to this particular application
but it reflects the setbacks that are in the surveys... The sur-
vey that was submitted to the Board of Trustees and their approval
which I'm going to get to next. The second thing I want to bring
to your attention is the approval issued by the Board of Trustees.
Now, I was glad that you made those comments initially Mr. Chair-
man, because this particular application went through a lengthy
review process with the Board of Trustees. This inch or inch and
a half thick document is a single Copy of all the paper generated
by the Trustees in connection with this particular application.
Again, this is an application for a single family home. Now, the
Trustees took jurisdiction and issued an approval at their meet-
ing of June 25, 1977. It's contained in a letter to the appli-
cant dated June 30, 1987. I'd like to issue that as my second
document. One of the interesting aspects of that second docu-
ment is that the Trustees did not make a finding, an explicit
Page 3 - Thursday 17, 1988
Public Hearing - C. Kerbs
Southold Z.B.A.
MR. ANGEL (continued):
finding at variance with the D.E.C.'s permit which, as you know,
requires ~he 75 foot setback. The Trustees determination does
not state how far the proposed construction is planned to be from
the wetlands. You can read it. There's no position that they've
taken. Now, next .... I feel like this is a law school course
because the next, we went to the Health Department. A lot of
jurisdictions. And the Health Department granted a permit to con-
struct a single family home on this particular site and permitted
the location of a septic system in a position outlined by the
Health Department and also for the use of a well for domestic
water. And I'd like to offer that in evidence also. After re-
ceiving all these things, our client came down to the Building
Inspector and submitted some plans and made application for a
building permit and got a notice of disapproval which led to the
initial filing before your board and here's a notice of disapproval
dated October 21, 1987 which I'd like to submit as my fourth docu-
ment. Next, time had been passing for a while and the~D.E.C, per-
mit which was issued in May of 1986 was coming to a close and he
had not gotten approval to build his house yet. And he went back
to the D.E.C. for an extension of his permit. But this time, he
went back to the D.E.C. and decided that he wanted to be extra
special conservative and he moved back the building envelope, I
don't know, 10/15 feet. Is that correct Jon? About 10 feet. And
the D.E.C ..... And asked the D.E.C. to confirm more explicitly
their finding that the property, well that the location of the
proposed house was more than 75 feet from the wetlands line. The
D.E.C. fortunately and unbe kn0wnst to my why, complied. I meant
that facetiously. But the Q.E.C. reviewed his application and is-
sued an amendment to the permit on January 6, 1988 and I'd like to
introduce that as my fifth document. Next to that is a marked up
photocopy of a portion of the survey you have on the table before
you. Also a marked up copy of the survey. This is the one on the
table that was actually reviewed by the D.E.C. You'll see it's
stamped right on it. And you'll see the marks in pencil and per-
haps you could take that in evidence also as 5A or B. Now, I'd
like to bring your attention to this amendment to the permit dated
January 6, 1988 that I just gave you and note that, I guess it's
the third paragraph from the bottom and it's been typed in. It
states; this letter, under 3 after semicolon, this letter also
confirms that the 47 by 57 foot building outline shown on said plan
is 75 feet from the D.E.C. determined tidal wetlands line. That
explicit determination was missing in the original determination
but here the D.E.C. has put in writing that that plan that is
just annexed indicates that the building is more than 75 feet or
at least 75 feet from the tidal wetlands line. Now, the next
thing that occurred in this lengthy scenario was that Mr. Kerb
went back with his new D.E.C. permit and his more conservative
survey and went down to the Building Inspector's Office and resub-
mitted his plans taking the position that he had Trustee approval,
he had Health Department approval, he had D.E.C. approval and he
was more than 75 feet from the wetlands. The Building Department
Page 4 - Thursda
Public Hearing
Sduthold Z.B.A.
March 17, 1988
C. Kerbs
MR. ANGEL (continued):
again took the position that there may be a question as to the
75 foot setback and issued a notice of disapproval dated January
28, 1988 which I'd also like to give you or a copy of which I'd
also like to give you. Now, as I stated initially, it's our po-
sition that the construction area certainly as reflected on the
second survey and as confirmed by the D.E.C. is more than 75 feet
from the wetlands line. Now, rather than rely entirely on the
documentation on this issue of the interpretation, we brought an
extra witness who I'd like to introduce to the Board. It's Roy
Haje from En ~ Consultants Inc. in Southampton who, as you are
probably aware of, has done wetlands analysis in numerous situ-
ations. May I call Mr. Haje?
CHAIRMAN GOEHRINGER: Certainly.
MR. ANGEL: Rather than ask him questions, with your approval,
perhaps I can just ask him one or two questions and he can tes-
tify in narrative form. I'd like him to give his work experience
over the last, well, since he's been working. And also his edu-
cational experience after high school and have him testify as to
his view of his task in this particular situation. What he was
hired to do and what he in fact observed and the basis of his ob-
servations. I think that he'll testify that he did a site inspec-
tion of this particular property and made a conclusion as to the
location of the wetland/upland boundary. Mr. Ha3e.
MR. HAJE: I'm Roy Haje. President of En Consultants, Inc.
The business address is 1329 North Sea Road in Southampton. My
educational background is a Bachelor of Arts Degree in Biology
at Queens College, Master of Science Degree in Marine Science
from C.W. Post College. Another Master of Science Degree in
Marine Environmental Studies from the State University of New
York at Stony Brook. I was employed by the New York State De-
partment of Environmental Conservation for approximately 11
years. Much of that time in the position of alternate local
tidal wetlands and freshwater wetlands permit agent at the
Region I office in Stony Brook. I also worked for the U.S.
Fish and wildlife Service as a Marine Biologist. I began En
Consultants in 1980. The firm is concerned with the evalua-
tion of property. Especially property in and about the water
and wetland, preparation of environmental permit applications,
environmental impact statements, etc. I was hired by Mr. A1
K0ke who was a previous owner of this parcel for the purpose
of securing the necessary approvals to construct a one family
dwelling. In September, 1985, I visited the property for the
purpose of delineating the edge of wetlands and to generally
evaluate the parcel. At that time, I placed flags along the
edge of what I considered to be the tidal wetland boundary
and took photographs and so forth. I then notified the sur-
vey firm of Roderick VanTuyl to locate my flags and place
them on the survey which was subsequently done. Following
that, the home was shown on the survey as 75 plus feet from
the edge of wetlands as I had located them and as they had
been shown on the survey. Applications were then prepared
and filed with the New York State D.E.C. and a request for
Page 5 - Thursday.~ March 17, 1988
Public Hearing ~n C. Kerbs
Southold Town Z.BT.A.
MR. HA~JE: (continued):
a letter of no jurisdiction from the Southold Trustees. A permit
from the D.E.C. was issued and initially a letter of no jurisdic-
tion received from the Trustees. Following that, the Trustees
made a, what I assumed to be a subsequent field inspection and
determined that a permit was required. Following that, the ap-
plication was in fact prepared and filed. It was my determina-
tion at the time and remains at this time, that the edge of the
wetlands as I had shown that on the survey, is a good and reason-
able one. It is based upon pre ponderance of vegetation located
on the property and the ti ality which effects it. The confu-
sion perhaps, which subsequently arose, appears to be based large-
ly u~)on the presence of, I believe, one species and that is
Baccharis Halimif0lia, or groundsel bushes~being the common name
for it. This is a species which is indicated in the New York
State Tidal Wetlands Act which is Article 25. -It is however, a
notoriously poor indicator of tidal wetlands. It can grow just
as happily in areas which are not in fact tidal wetlands. It
can grow in a transition zone. It can grow in an adjacent area.
It can also grow a considerable distance from any tidal action
and in fact, can be seen along roadsides which are never wet
with tidal waters. It would appear that there is enough salt
content carried inland perhaps by winds or whatever the vehicle
is to bring the salt saline in. That that is efficient for that
to exist. A very low saline requirement in my opinion. That
species is found inland of theilocation of where I have shown
the wetlands to be. I do not consider that to be, however, tidal
wetlands themselves but rather this adjacent area. The New York
State D.E.C. agreed with my position. And based upon that, is-
sued the permit. Thus it remains our position to date, that the
location of the house as it's shown and Mr. Kerb~is the subse-
quent owner as is mentioned before, relocated the house landward
from that original location. I believe that house to be now at
least 75 feet and probably more from the edge of tidal wetlands.
CHAIRMAN GOEHRINGER: Thank you sir.
MR. ANGEL: Can I just ask him a couple more questions?
CHAIRMAN GOEHRINGER: Sure.
MR. ANGEL: When, in your prior position working for the New York
State Department of Environmental Conservation, did you have occa-
sion to do analysis such as the one you did for the Kerb property?
MR. HAJE: Yes. Many times.
MR. ANGEL: And since that date, have you done them?
MR. HA JE: Many times. Hundreds, probably thousands.
MR. ANGEL: Ok. No further questions.
CHAIRMAN GOEHRINGER: Thank you.
Page 6 - Thursday~March 17, 1988
Public Hearing -tn C. Kerbs
So~thold Town Z.B~'A.
MR. ANGEL: There's,~.a second aspect to this application Mr.
Chairman and members of the Board. And that's in the event
that you make a determination that we're within the 75 foot
area, we have an alternate request for a variance. And I want
to offer a bit of testimony on that alternate theory without
prejudice to~aim of course that a variance is not necessary.
It's our position based upon the documents that we submitted,
the position of the D.E.C. and Mr. Haggie's testimony, that
the building envelope exceeds a distance of 75 feet from the
wetlands. Nevertheless, we don't want to be caught with our
pants down in case you make a finding to the contrary. We
want to offer some evidence of practical difficulty. I want
to state first in a conclusionary fashion, that it's pretty
self-evident that if no variance is granted from this 75 foot
setback and the property is precluded from development, that
there would be a substantial diminution of the value of the
property. Perhaps to nothing. And I brought Mr. Kerbs here
to testify to his investment in the property to show what his
loss would be. Mr. Kerbs.
MR. KERBS: My name is Jon Kerbs. I'm the owner of the property.
I got about $80,000 in the property. And if I couldn't build on
it, it would be next to worthless.
MR. ANGEL: And Mr. Kerbs, what do you do for a living?
MR. KERBS: I buy and sell property. I buy something and maybe
build a spec house or buy a piece of property and rebuild it,
sell it, rent it.
MR. ANGEL: And have you worked in the real estate industry?
MR. KERB: Yes. I've been doing this since 1976 and from the
beginning of 1973 to the middle of '76, worked as a staff ap-
praiser for Southold Savings Bank for real estate appraisals.
MR. ANGEL: No further questions.
CHAIRMAN GOEHRINGER: Thank you.
MR. ANGEL: That concludes my presentation subject however, to
perhaps rebuttal if I deem it necessary.
CHAIRMAN GOEHRINGER: Thank you very much Mr. Angel. Is there
anybody else who would like to speak in favor of this applica-
tion? Anybody like to speak against the application? Kindly
state your name ma'am.
CATRiONA GLAZEBR00K;I'm from the firm of Twomey, Latham, Shea and
Kelly and I represent the Northfork Environmental Council and
also the S0uth0ld Bayma~'s Association. In addressing the first is-
sue whether the Zoning Board of Appeals should have jurisdiction,
clearly they should. Mr. Angel was correct in one thing about
the record is very extensive here and it points directly to the
fact that this property is at least 45% wetlands area. I'd like
to read portions of some documents and then I'd like to enter
Page 7 - Thursda~March 17, 1988
Public Hearing -~ C. Kerbs
Sohthold Town Z.B.A.
MS. GLAiZ[SR00K(continued):
them into the record. In fact, I'll do that all together rather
than one by one and break up my presentation. The first document
that I have is a letter that was written by Ellen Larsen, who at
the time, was a Trustee that when the application came before the
Trustees in a request for the permit. She sent this letter to the
D.E.C. She was incredibly concerned that the D.E.C. not grant
the permit because she had been out to the site and inspected it
and she goes on to say; the agent states that the proposed dwel-
ling lies 90 feet landward of the tidal wetland. After several
on site inspections, it is the opinion of this Trustee that the
proposed dwelling is situated within 3 feet of high marsh. I
offer the following data to support this conclusion. This parcel
is possibly one of the last u~ldJkedparcels abutting Hallocks Bay.
Spartina alternaf]0ra abound which is a wetland indicator species,
abound on the seaward portion of the property on the mud and sand
fiat condusive to its growth and germination. Furthermore, ground-
se] bushes dominate the upland perimeter to a depth of 90 feet
landward. Clearly establishing the area's high marsh as identi-
fied in Section 661.4 of the Tidal Wetlands Use Regulations.
Ground contours indicating where the salt water penetrates the
upland during storm tides are clearly visible on inspection. In
addressing Mr. Haje's comments that ground se] is not neces-
sarily a determinate of salt water wetlands. That may very well
be his opinion but currently it is law in the code and under the
State Environmental Conservation Law, that groundSe] is most
clearly a wetland indicator species. The code reads, this is
from Section 97-13; Tidal Wetlands; all banks, bogs, meadows,
flats and tidal marsh subject to such tides upon which grows or
may grow some or any of the following: salt hay, black grass;
saltw0rts, sea lavender; tall cord grass; high bush cat tails
and ground se]. Environmental Conservation Law Section 25-0103
states that wetlands are defined as; all banks, bogs, meadows,
flats, tidal marsh subject to such tides upon which grow or may
grow some or any of the following: here again, groundse] is
listed as a wetland indicator species. Another document that
I'd like to submit into the record and read a portion of is a
report that was prepared by Heather Kruszak, who at the time
when the applicant had this permit application before the Trus-
tees, was with the Conservation Advisory Committee. And she
states after going to the property and having several, perhaps
possibly as many as ten on site inspections, that the dominance
of the understory suggests periodic salt water flooding, i.e.
Spri~ high tides and storms. The predominant shrubs are ground
se! bush and marsh elder with a salt marsh species and salt
tolerant. There's also another report that was prepared by Mr.
Bredemeyer when the application was reviewed by the Trustees.
I'm not going to give you a copy of that because when I reviewed
the report today, I realized that you have the entire report.
I know that in the report there are two charts that are shown
that Mr. Bredemeyer submitted. One of them shows ground se]
all the way up into the building envelope itself. Another re-
port shows the marsh or the wetland indicator species going ap-
proximately 45% into the property. So even Bredemeyer himself,
Page 8 - Thursday~March 17, 1988
Public Hearing -~ C. Kerbs
Southold Town Z.B.~"A.
MS. GLA,ZEBR00K(continued):
in the reports that were submitted, show that this area is densely
populated with wetland indicators. The last report that I would
like to have put on the record is from our own Environmental Spe-
cialist, Lawrence T. Penney. He is an Environmental Planner and
Ecologist and currently serves as a Natural Resource Director for
the Town of Easthampton. He received a Bachelor of Science De-
gree in Biology and Wildlife Conservation from Cornell and he al-
so has his Master's Degree in Biological Science from San Fran-
cisco State University. He is currently
in Animal Behavior and Marine Biology at
Barbara. He went to the site and states
parcel is a parcel situated on Hallock's
sify as marginal for building purposes.
highly constraint for a building because
siderations. Hallock's Bay on which the
working on a doctorate
the University of Sante
in part; that the co-
Bay which I would clas-
Meaning, that it is
of environmental con-
parcel fronts, is one
of the most productive shellfish regions in the Town of Southold.
Its waters are presently certified for shellfishi~he parcel is
low ]y~n§ barely reaching 7 feet above sea level." Approximately
45% of the parcel is occupied by wetlands. These wetlands con-
tain typical wetland species and extend into the right-of-way of
Narrow River Road by way of a sizeable sw ale. He also states fur-
ther on his report, I won't quote him directly, but you'll see
when this is entered into the record, that it is his belief that
the building envelope is only 10 to 15 feet from the wetlands.
I think that based on the documents that I've just read from and
will be submitted into the record, I think that this property is
clearly within your jurisdiction. Beyond being clearly within
your jurisdiction, I think that it has such extensive wetlands
that any building on the property should not be allowed and no
variance should be allowed. This Board should most adhere to
the New York State Environmental Quality Review Act when review-
ing the application. And at the very least, in this review, that
the simple requirement of SEQRA is that if a project may, which
is the key word "may", have a significant impact on the environ-
ment; that an environmental impact statement should be prepared.
I think that based on the fact that this building is practically
going to be built on marshland, determines that it may have an
impact on the environment and an environmental impact statement
should be requested. This will also help to get any mitigating
features which may be incorporated into the building itself and
the septic systems which We're greatly concerned with and the
amount of seepage proposed up there and the amount of fill which
has now gone up to 250 cubic yards which will be going directly
onto these delicate wetland indicators. The applicant states
~hat he will have practical difficulties according to the Walsh
verses McAllis case. He is requesting an extremely substantial
variance here. If the wetlands are within the 3 feet to 15 feet
from th~ building envelope, we're talking about a variance of 75
to 90% of the variance from what is allowed under code of the 75
foot setback requirement. I realize the dilemma that the owner
of the p~operty is involved with at the moment. When he purchased
the property I believe there was some dispute as to the location
of the wetlands at the time. And being an experienced seller
and buyer of real estate in the area, it could have been foresee-
able that this property may have had building problems due to the
Page 9 - Thursda~arch 17, 1988
Public Hearing - ~n C. Kerbs
Southold Town Z.B.A.
MS. GLAZEBROQK(continued):
extensive wetlands on it. The dilemma that the Board is faced
with, perhaps not allowing this builder to build on the proper-
ty having received the variance, may be solved. Currently the
county ..... I realize when reviewing the file, that the Con-
servation Advisory Council on August 7, 1987 made a request to
the Southold Town Trustees that the property be purchsed by
either the D.E.C. or the county. This may be a possible alter-
native to building on the property. I know at this very moment,
the Department of Environmental Conservation is looking into pur-
chasing the property because they believe it's in a very signi-
ficant area and should not be developed. I believe Steve Lat$0n
has a few words to say about his own personal knowledge of the
area. And I'd like to say that and also I'd like to enter the
documents that I've read from onto the record if I may.
CHAIRPLAN GOEHRINGER: Thank you.
STEVE L~.I$0N: I guess inadvertant]y I'm next.
CHAIRMAN GOEHRINGER: Yes, that's what it sounds like.
MR. LAISON: From the Baymen's Association. I don't think I
need the microphone. This is a wonderful chart that we drew up
for the Trustees. It didn't work for them, so it probably won't
work for you. Anyway, in May of '86 I went down to this proper-
ty because our treasurer said; oh boy, they're doing something
down there, putting stakes up. What's going on down there? I
said I really don't know Frank. So we went down there. I walked
in on this part of the property. This is Narrow River Road, boat
ramp, P]ushau'$, water, Hallock's Bay. I walk down there. It has
not rained for three weeks and the ground is wet. It must be
wetlands. I looked around. Oh yeah. There's some wetland plants
around here. Here and there, scattered around. I would say maybe
20% wetland plants. I said okay. Looking around some more, I see
a stake right in the middle of the whole place that says cesspool.
Oh Jesus, this is weird. So then I go further, I see a corner of
a house right next to a groundse] bush which we've already had
a big discussion on. I said well, here we are. I guess this is
the site. So anyway, I meandered down in through here. And once
you get down to about here, you can't keep going. This area is
heavy marsh. And John Bredemeyer himself, said one day, at one of
these meetings that we had, I tend to agree with your wetland line
down there Steve. So I felt good about that. I would say over
here we've probably got some wetlands too but it's in the form of
fragmities which is another one of these major disputed areas.
It's a contended wetland indicator. So anyways, we actually feel
that basically this area is a pretty good representative of wet-
lands as is written in the Town Code. We didn't get too far with
that. We talked to the Trustees. I felt we'd go to the Trustees
and they'd go down there and go; oh yeah. Look at the wetland
plant. They're right. You Baymen, you're right in there. Thanks
a lot for helping us out. Well, as it turned out, that wasn't the
way it worked. Meanwhile, the other people that we're trying to
develop this property hadn't provided anything. They said the
wetland line is down In here somewhere and that's all they said.
Page 10 - Thurs,, March 17,
P~blic Hearing -Jon C. Kerbs
Southold Town Z.B.A.
1988
MR. LAISQN (continued):
The first thing we did was write a letter to the Trustees saying
that we felt that Mr. Haggie either didn't have any idea of what
a wetland was or that he was lieing and that we felt there's a
real question mark in this whole thing. Anyway, let's just move
along here really rapidly. In August of '86, we!re getting pret-
ty frustrated. They say it's not wetlands and this and that and
there's a lot of questions and la ti da ti da. We'll go down
there with a transit. We'll meet with a couple of Trustees and
really show them why these are wetlands. So we go do%~n there
with a transit and this happened to be August 7th and we met with
John Bredemeyer and Jeff G0ubeau and it was Pete Wentzel and myself.
We set the transit up at this site right here on the edge of-the
property. We shot high tide which is right here. We shot up in-
to a site here, here and here. Now, I'll explain the contour
lines on this thing. This contour line is listed at 5 feet ac-
cording to the chart by VanTuyl. This line is 6 feet. Now first,
you could stand down here, the whole property is down in here.
I'm six feet tall, so I know these numbers are kind of weird.
Well, finally we went to the Trustees, what are these numbers?
Finally they got a reply from VanTuyl that these numbers are
mean sea level. Well it turns out that mean sea level is roughly
six tenths of a foot below low tide. Well, that's interesting.
I don't know where this mean sea level is. Apparantly it's in
Redhook, New Jersey and it was in 1929. That's what it's from.
All this stuff is stupid. I'll tell you, if you've got any com-
mon sense, you can go further here. You won't get anywhere ac-
tually because none of them makes any sense. Anyway, we shot
these sites with the idea that VanTuyl said; well, you subtract
three feet from these numbers. So this line here now represents
two feet above sea level. ~And as you can see, this area back
here with the septic system is even they admit is below two feet.
And this is below high tide I should say which is pretty perti-
nent.- This is six feet. Ok. Here we shot a site. Theoretical-
ly, I should say three feet. Theoretically, was three feet.
Number four is eleven inches. That's eleven inches above high
tide. Number three over here which is pretty near above the
three foot area and pretty far from the two foot area, is 16
inches. Finally, way up here in the heart of the property, we
actually got up to, my god, 18% inches. Here were are in the
heartland a foot and a half above sea level. Anybody can figure
out and many people have testified that any major storm such as
Nelson, Gloria etc. and so forth, there is no land here. Our
contention is that this area gets flooded periodically every
year and that there are wetland indicators. And according to the
code, that is the way it is. If you flood every year annually,
several times in Springtime, etc. and so forth and you have in-
dicators, it's a wetland. So we just went by the code. Finally,
in December 3rd of 1986, I wasn't doing too much that day. Scal-
lopping wasn't too good that year and I went down to the water.
I said; boy, the tide is really coming up and it had been blowing
that night about 20/25 miles an hour out of the east. So we all
know that's when you get some good high tides. And I never ac-
tually seen water in the back here. I really didn't want to go
down there during Gloria. So I went down there this day. Ac-
tually Gloria happened before this anyhow~ I went down there
-Page 11 - Thursd~I March 17,
Public Hearing -~n C. Kerbs
So~thold Town Z.B.A.
1988
MR. LATSON (continued):
that day and I stopped down here at first to park my truck. The
water was right in here, right at the edge of the ground$~]_-~ ,
right at the edge of where we shot this eleven inch line. I
checked at the boat ramp here and I could see the tide had already
gone down about six inches. So I said, well, that's interesting.
Now i know why this area is all official high marsh and not this
stuff that's growing 15 feet above sea level. It's only eleven
inches and it floods periodically every winter. Then I went back
up in here. Now, unfortunately, I took a couple of photos. They
weren't the world's best photos. But also unfortunately, I gave
them to our lawyer and they lost them. But anyway, I will testi-
fy that I witnessed this and I saw this and there seemed to be a
lot of testimony earlier by the other lawyer, that I took these
photos here and measured the depth of the water. The water was
roughly 6 to 7 inches deep up here. And it was pure salt water.~
I drank it. I spit it out also. Simple, 11 inches, subtract 6
inches, you're about 5 inches above sea level up in here. I don't
know what else I can say. I mean this is a really low area. It's
still where they're going to put the septic system. This just is
not the way to go. I really hope that Jon gets back his $80,000.
The D.E.C. pays him 85, so he'll make a little 5 there..ii hope
that the fact that I lost about $20,000 three years ago surf clam-
ming, that maybe they'll take me into consideration too. Life's
a gamble here. Anyway, I don't have that much more to say. One
issue that has been brought up, is that we have a town boat ramp
here, a minor marina here with boats maybe up to 20 feet long.
I've kept my boat at this marina. At lo%; tide, you have about 6
inches of water and so big boats don't really like it there. One
of the arguements was that well, you got all this heavy duty use
which isn't use. The marina area and these boating areas are not
used heavily and they're used by very minor little boats. We have
the argument that well, you got this and this, then what harm is
this. Well everybody knows the more possibly sources of contami&
nation you have, the more you have. And the less chance you have
of good water flow. It's all pretty simple. And recently, I had
the opportunity to see the latest shellfish sanitation guide that
the D.E.C. is going to try to implement this year. And I'll tell
you, we're going to be lucky if we have any creeks left for shell-
fishing because they're going to do a shoreline survey now. And
on the shoreline survey they want to know everything, every single
house, every single drain, every single everything. And if New
York State does not comply with this, our clams are not going to
be shipped interstate. If we do comply with this in many instan-
ces with certain circumstances, if even water quality is good,
they're just going to go in and say, you got all this stuff in
there. Okay, ex that area, no good. The future is that we should
heed the Long island Regional Planning Board. It 1984 they came
out with a long point source handbook. Hundred foot buffers from
the furthest inland wetland indicator. This is Long Island Re-
gional Planning Board. A lot of really good people from Long
Island trying to put together something that made sense. Ob-
viously no towns, no jurisdications are paid much attention to
this year and I realize there's a lot of difficulties. But I
Page 12 - Thursl, March 17, 1988
Public Hearing ~on C. Kerbs
Southold Town Z.B.A.
MR. LA~$0N (continued):
think if any instance where we can say; well, if you can't develop
it, we're not going to rob you. We're going to try to get your
money one way or another, we're going to get this 2% bill passed
so we can get money that way. And in this instance with the D.E.C.
having the money, good. But we'absolutely have to stop saying no
to developing in certain areas or what is left of our heritage
here is absolutely going to be gone. So I don't have much more to
say. Thank you very much.
CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak
against the application? Yes.
MR$.LARSEN: Good evening Mr. Goehringer. E]~]en Larsen, Councilman
for Southold Town, former Trustee. I'm not here either tonight to
speak for or against this application. I would just like to re-
late to you my experience as a Southold Town Trustee during the re-
view of the Kerbs application. When ir'was initially submitted to
the Board for a request, as Mr. Haggie stated, for a waiver, was
waived based on D.E.C. Tidal Wetland Line. The Board voted on a
4 to 1 vote to waive t~ project. I spoke with the Board members
and said, guys, we ought to look at this closely. It's awfully
low. We went back and looked at it and we determined that a per-
mit would be needed from the Trustees. An application was submit-
ted. At the time, it was the opinion of the C.A.C. and certain
members of the Board H~t~]0ck~ 8a~was going to be considered as a
critical environmental area which it will be designated as such on
March 24th. That the parcel was particularly low and we should re-
quest a long environmental assessment form. Now, what. the_long~_
environmental assessment form will basically do is tell us how
many acres of wetlands, how many feet of wetlands on the property,
how much is comprised of that and then we can go back and look at
it and determine whether all the environmental assessment form was
done. When we looked at the contours, we could tell that the pro-
perty was low. At that time, we asked the applicant, according to
our code that a map be submitted showing the property elevations
on one foot contours. The application, as was stated, took a year
and a half to be approved. A public hearing was held and there
was much opposition from many people in Orient on the effects if
this were to be built. We had, by the Pre$iden~f the Trustees'
assured me- that the matter was placed back on the agenda for a vote.
We never received the topo. We never received the long environ-
mental assessment form. We reviewed this project abutting Hallock's
Bay to the same extent that we would review a house that is 75
feet from a wetland line or a high water mark with elevations of
10 or 11 feet above sea level. When Mr. Haggie stated that he
did feel that ground se] was a wetland indicator, a ground se]
bush is a bushy bush that lines the high water mark of any creek
in Southold Town. It's indicator of the landward portion of the
high water mark. This particular case on the K0ke property, the
ground was relatively undisturbed. It is the opinion of many that
it was a wetland indicator including Mr. Bredemeyer himself. We
never really looked at the'impact as a result of the proposed con-
struction. The house, the property is in single and separate owner-
Page 13 - Thursd~, March 17, 1988
Public Hearing -Jon C. Kerbs
Southold Town Z.B.A.
MR$.LARSEN'(continued):
ship. Heather Kreusak who was a member of the C.A.C. and still
is, submitted a wetland survey based on what the C.A.C. was asked
for at the time. A wetland survey of the property as Ms. Glas~
She~said her name was, indicated. At that time, it wasn't good
enough for the Board of Trustees. They wanted a vegetation of
the slopes specific to the site plan which was the reason that
Marty Garell was dismissed from the C.A.C. because he didn't co-
operate with the Board of. Trustees. My contention was that the
applicant didn't cooperate with the questions that the Board of
Trustees asked. I would like to ask you if you had a long en-
vironment form. Has this project ever been addressed environ-
mentally? A D.E.C. application was submitted as evidence where
the cubic yardage went from 100 to 250 cubic yards of fill. That
permit is invalid on Trustees' standards. And never in my experi-
ence on the Board of Trustees, did I see an applicant get an amend-
ment to a permit to increase the cubic yardage. The applicant
would have to come back in, reapply to the Board of Trustees and
~o through another public hearing.to do this. I would say that
· n the case of the Cove, the D.E.C. Tidal Wetland line was moved
landward by the Trustees in some instances, up to 72 feet of
their determination by the very same Board, moved the land line-
ward, moved the D.E.C. wetland line landward.. Until the infor-
mation is really supplied, until a determination has been made
which I think it is, I think it is a wetland, I don't feel that
the Board has ~he -'information in front of them to make a deci-
sion on this. Thank you. ~.
CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would
like to speak in opposition? We'll go back for rebuttal.
MR. ANGEL: Just a couple of brief points. One general observa-
tion and it relates back to the comments that Mr. Goehringer made
at the beginning of the hearing. Is that; you have before you the
issue of the wetland setback. Other agencies have reviewed the
environmental concerns on this property. The large record of the
Trustees, the D.E.C. and the Health Department have all exercised
some expertise within their own areas of concern. Now, I've got
a couple of factual things I'd like to bring before you. One is;
though it's not really relevant because it was before the Trustees,
but I don't like people saying things that really didn't occur.
There was one statement there that the applicant was asked to pro-
vide a more detailed topographic map. Precisely what he was asked
to do was provide a topographic map with one foot contour lines by
the Trustees and it was stated that he did not provide. Well, the
record indieates that he did provide it and I don't have a print
of it but I do have a photocopy of it and a letter of transmittal
from the Trustees own records directed by ' - to Henry
Smith and then present of the Trustees dated July 10, 1986 with
that topo and I'd like to give that to you. Now, the next thing...
with me a second. All the letters that were all that was
Page 14 - ThurSdlnMarch~ 17, 1988
Public Hearing - C. Krebs
Southold Town Z.B.A.
MR. ANGEL (continued):
litigated before the Trustees includinq this question raised by
both of the witnesses and Ms. G]azeb~°°kregarding the dominance
of the groundSe] bush was as she asserts, directed to the D.E.C.
in a letter from then Trustee, Larsen. Well, the D.E.C. responded
specifically and reflected that they made an additional field
check at the time in response to her letter. And nevertheless,
maintained their position that the building area was more than 75
feet from the wetlands. And I have a letter dated July 1, 1986
from Charles D. Hamil%on of the D.E.C. to Ellen [arsen and the
Southold Town 8aymen'$ association and another individual
specifically respond~n§to her letter and specifically stating
that the concerns addressed in her letter did not alter the D.E.C.'s
position regarding distance from wetlands. I'd like to give that
to you also. Finally, I'd just like to focus your attention on
the task before you. The Trustees have actively aired this issue.
They have ac%ively aired whether or not a house should be built on
this property and concluded as is their position in this town that
the house should be built here. The D.E.C., which to some extent,
has overlapping jurisdiction with the Trustees and I'm not too sure
it's a fair thing to say but, has a,lot of people with a lot of de-
grees doing this sort of thing. They were also investigating and
came out with a conclusion that's on all fours with the position
that the applicant has taken. The Suffolk County Health Department
that has jurisdiction over issues of septic waste, also reviewed
the project and issued a permit permitting the project to go
ahead. I respectfully submit that under the record before you,
you really should find that the project is going to be, or at
least the construction of the project is going to be more than 75
feet from the wetland. Finally, since the p rview of your review
is limited to the question of setback, I believe that under the
State Environmental Quality Review Act, a setback, I don't have
the regulations with me, I brought the volume with the wetlands
regulations, not with the SEQRA regulations. But certainly, this
is a project, at least an action that is before your Board that
is either a Type II Action that does not require an environmental
review or an Unlisted Action that certainly does not require you,
a Board that only deals in the setback question, to require a full
environmental impact statement or some difficult environmental re-
view after the environmental agencies have already complied with
SEQRA and are satisfied that this is a proper location. Thank you.
CHAIRMAN GOEHRINGER: Thank you. Ms. GlaZebr00k-nothing. Mrs.
Larsen?
MR$.LARSEN: Thank you Jerry. Regarding the topo. If. Mr~; Angel
looked at the topo, he would see that it was based on mean sea
level right from the beginning. The town, our code and the D.E.C.
requirements for a topo states that it has to be based on U.S.
geographical data which gives you an accurate topo. That is not
an accurate topo. That was brought to the attention of Mr. VanTuyl
and the applicant, at least by me at the time. It may not be on
the record but it is an inaccurate topo. It doesn't conform to
what our code asks for. The D.E.C. originally reviewed their per-
Page 15 - Thursd~ March 17, 1988
Public Hearing C. Kerbs
Southold Town Z.B.A.
MRS.LARSEN (continued):
mit when I called. I wrote the letter to the DoE.C. and they is-
sued the permit. So they were crossed in the mail. They got the
letter. I saw the permit copy in the box of the Trustee Office.
They followed up and made field inspections. But initially, when
they looked at their application, they told me it was administra-
tive review. At the time the office was very busy. As everyone
knows, there was a shortage in the D.E.C. People were waiting a
year for bulkhead permits and catwalk permits and they were just
taking information that was presented to them on a piece of paper
and making a determination to get the permits out because they
were under so much political pressure from shortages in manpower
at the time. What I am saying is that this property has never
been accurately reviewed for either impacts from sewage, impacts
from flooding or the fact that it's only 7 feet, that it is a
tidal wetland. And that if it was within our code to deny the
permit to begin with. We would not have taken the person's right
away from use of the property. They could have put a catwalk on
it. They could have put a mooring over the wetlands, whatever.
But it is not a suitable environment for a house. If there is a
flood, that septic is going to go and it's going to go into Hal-
lock's Bay. So my feeling is; this piece of property isn't safe.
What could possibly be safe and it's up to the people in the of-
fice to hold up what the code stands for. And I felt in this par-
ticular case that the code would have been w~thhe]d. Thank you.
CHAIRMAN GOEHRINGER: Mr. Bredemeyer.
MR. BREDEMEYER: Yes. Good evening. I didn't come here prepared
to speak to this issue. If I had, I would have brought the record
of the Trustees. I'd like to say that I've just heard a lot of
~arsay which was not substantiated by fact on the record. And
nat if Mrs. Larsen had identified herself as being in the
minority when a majority position came out of the Trustees. As
this is a matter under litigation, I don't expect to comment on
it at all except for those simple facts. Thank you.
MR. LA/soN: I just want to point out that we proved by our transit
siting that there was a lot of question on actual contour of this
property and a lot of questions as to why, raised, as to why we
thought there were wetlands. One of the last pieces of writing
before Jon Kerbs ever got involved in this and the case was rested,
was in October. I don't remember specifically. But in October
of '86, it's in the Trustee record, and it was Mr. K0ke writing
a letter to Mr. Smith, the Trustees, stating that Mr. Smith had
just written a letter asking once more for an accurate contour
map. You leave that down to one foot indicated high tide ver-
sus all this stuff down to Jersey. And A1 wrote back and said
that at this time, they weren't going to submit anything because
they were just going to stop everything at that point in time.
Interestingly enough, apparantly a month later, 1,500 yards of
fill was requested by Mr. Haggie at the D.E.C. on this property ,,
which shows you that while everybody else thought, we get a rest.
They were busy working. And now it's been up to 250. What we
actually consider happening is, once more, the filling of wet-
lands and we really hope that filling the wetlands had stopped
Page 16 Thursd March 17,
P~blic Hearing C. Kerbs
Southold Town Z.B.A.
1988
MR. LAI$0N (continued):
a long time ago. And I think this proves the inaccuracy of Suf-
folk County Health Department in their ability. They are total-
ly afraid to say no to anybody. They are afraid they are going
to get sued and they absolutely, the water is non-potable. I
read that. And then here they are okaying a well where the wat-
er is no good. They're okaying a septic system where it's pro-
bably five inches above sea level, floods regularly every year
and they're okaying all this stuff. A lot of problems and it's
up to groups like you to start telling these people to stop.
Enough is enough. If people don't start saying stop enough is
enough, it will never stop. And eventually, we're going to find
that we've ruined everything. And it really is time. It's time
for a new revolution. The idea of public land is gone. Public
]and is almost gone because there is no public land. Private land
is getting consumed by the wealthy and the average person is get-
ting shut out as we all know with this issue in Southold Town
right now about affordable housing. We really have a lot of is-
sues we have to start covering. I'm head of the waterfront re-
vitalization program and these are all the issues we are trying
to cover while we do our program and these are really major is-
sues. We need agencies to start telling people enough is enough.
We really have got to look to the future. We got to look fifty
years ahead. We got to look for our kids. We have got to do
something different. It's not 1776 anymore where the sky is the
limit and there's nothing anywhere. Thank you very much.
MR. ANGEl : Mr. Chairman, just one thing. Not in the
nature of rebutt&l, just clarification. There's been some talk
about a 250 cubic yard fill permitted by the D.E.C. and a 100
cubic yard fill permission issued by the Trustees. I don't want
to leave you with the impression that if you granted approval,
that we feel that we can put 250 cubic yards of fill on there.
We are bound, even if we get an approval from this Board, to
abide by the determination of the Trustees. Should we think
it's buildable under those circumstance% should we feel that
additional fill is required, we would have to go back to the
Trustees as somebody pointed out. We're seeking, even though
notwithstanding our position about jurisdiction, that isn't
approval. That's something we've got to live with.
CHAIRMAN GOEHRINGER: Thank you. In a similiar hearing of this
particular nature, not probably close to that but I'm not tell-
ing you I'm getting it out of the air. I'm going to ask that
the hearing be recessed to the next regularly scheduled meeting.
Not for the purpose of verbal or oral testimony but for the pur-
pose of investigation on our part. And so we will close this
hearing on April 14th. If we find anything is germane to the
case that we have not heard, I will place it in the record and
we'll coordinate with both attorneys at that particular time.
Basically it's a time where again, we're going to go out and
Page 17 - Thursd , March 17, 1988
Public Hearing ~n C. Kerbs
$Outhold Town Z.B.A.
CHAIRMAN GOEHRINGER (continued):
do some more field inspections and we're going to look at the
situation as it stands. And as I said, we will close it. It
will be a matter, as some of you have seen tonight, we closed
the Zahra hearing and there was some information placed in the
record. Both attorneys were contacted and we did coordinate
with them. In this particular case, based upon the field in-
spection, it's the only way that we can really deal with the
issue. And other discussions that we might have basically
among ourselves based upon that particular field inspection.
And I thank you all for coming in. And I'll make a motion
recessing this hearing.
EllEN kAR$[N: If I could just say one more thing. I appre-
ciate your tolerance and your graciousness at this point and
I certainly don't envy your position. But if you have decided
to postpone this decision, I would just like to point out that
last night and tonight are the highest tides of the year. They
won't be associated with any winds or any storms just completely
high tides. So if the Board is going to recess and table it,
maybe at some time during the high tide tomorrow, you could, if
your schedule will allow it, look at this particular parcel of
property.
CHAIRMAN GOEHRINGER: Thank you. Again, thank you. Making a
motion recessing the hearing to the next regularly scheduled
meeting with no oral testimony.
Ail in favor - AYE.
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD-~JTATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj71
TELEPHONE (516) 765-1809
June 7, 1988
Stephen R. Angel, Esq.
Esseks, Hefter & Angel
108 East Main Street,
Riverhead, NY 11901
Re: Appl. No. 3687
Box 279
Jon C. Kerbs
(Variance/Interpretation)
Dear Mr. Angel:
Transmitted herewith for your perusal and file is a
copy of the recent findings and determination rendered by
the Board of Appeals at our Special Meeting held on
June 2, 1988 in the above matter.
Yours very truly,
Linda F. Kowalski
Enclosure
Copies of Decision to:
Catriona Glazebrook, Esq.
Mr. Jon C. Kerbs
Building Department
Mr. Victor Lessard (Exec.
Southold Town Trustees
Frank A. Isler, Esq.
Adm.)
Clerk
STEPHEN R. ANG[L
JANE ANN R. KRATZ
JOHN M. WAGNER
ESSEK$, HEFTER & ANGEL
COUNSELORS AT LAW
108 EAST MAIN STREET
P. O. BOX 279
RiverhEad, N.Y. 1190I
(516) 369-1700
tELex-EHCA 68523i8 UW
February 9, 1988
Mr. Gerard P. Goehringer, Chairman
and Members
Zoning Board of Appeals
Town of $outhold
Main Road
Southold, New York 11971
Re: Application of Jon Kerbs
WATER MILL OFFICE
MONTAU K HIGHWAy
P. O. Box 570
WATER MILL, N.Y. I 1976
(5~ 6) 726-6633
ALaN D. OSHRIN
Dear Mr. Goehringer and Members of the Board:
Please be advised that we are the attorneys for Jon Kerbs, who
filed an application with your Board for a variance on October 27,
1987. The property in question is located on Narrow River Road in
Orient (Suffolk County Tax Map No. 1000-027-02-05).
The purpose of this letter is to amend the existing application.
We wish to amend the application to reflect that Mr. Kerbs, for his
primary relief, requests an interpretation of a determination made
by the Building Inspector, rather than a variance. In this regard,
you should deem paragraph 3 of the application previously filed
altered to reflect a request for an interpretation or,
alternatively, a variance.
I enclose a letter of authorization from Mr. Kerbs to me dated
February 1, 1988.
Some background information and the reasoas for the amendment are
as follows:
1. Mr. Kerbs' property is located on Hallock's Bay. He made
application to construct a one family dwelling with associated deck
and septic system to the Suffolk County Department of Health
Services and the New York State Department of Environmental
Conservation (DEC). Both agencies issued approvals. I believe
copies of these approvals are already in your files.
Page Two
February 9, 1988
2. On January 16, 1986 Roy L. Haje of En-Consultants, Inc. asked
the Board of Trustees of the Town of $outhold to verify that the
proposed construction on the Kerbs property would take place in an
area more than 75 feet from tidal wetlands. As you know, the
trustees' jurisdiction over applications, such as this one, is
limited to construction in the area closer than 75 feet from
wetlands. (At this time, Mr. Haje was acting for a prior contract
vendee, Alexander Koke.)
3. Though the trustees originally determined that the project was
not within their jurisdiction and advised Mr. Haje of that
conclusion in a letter dated February 3, 1986, the trustees changed
their minds and advised Mr. Haje of this change in a letter dated
February 24, 1986.
4. After much discussion and deliberation, the trustees issued
permit for the project on June 25, 1987. A copy of this
determination is enclosed for your reference.
5. On May 2, 1986, the DEC issued its approval for the project
stating, in its permit, that all construction would be landward of
the 75 foot line from tidal wetlands. A copy of this permit is
also enclosed.
6. The expiration date of the DEC permit was 12/31/87. Mr. Kerbs
sought an extension of the permit and, in addition to the
extension, a minor modification which would include a clarification
of the wetlands line.
7. On January 6, 1988, the DEC issued an amendment to the prior
permit extending it to 12/31/90 and confirming that the building
outline shown on Mr. Kerbs' plan "is 75' from the DEC determined
tidal wetlands line." A copy of this amendment to the original
permit is also provided. The DEC marked the wetlands line on a
xerox copy of Mr. Kerbs' plan, a copy of which is enclosed.
8. Mr. Kerbs reviewed the above with me and we determined that the
amended DEC permit made it clear that all construction was to be
conducted outside of the 75 foot setback line from tidal wetlands.
Based on this, Mr. Kerbs decided to make a new application to the
Town of Southold Building Department for a building permit. Again,
as you know, if the construction is outside of the 75 foot setback,
Page Three
February 9, 1988
there would be no need to apply to your board or the board of
trustees.
9. Notwithstanding the new DEC permit, the building department
issued a notice of disapproval dated January 28, 1988, a copy of
which is also enclosed.
10. It is from this notice of approval that Mr. Kerbs appeals. It
is our position that no construction will take place within 75 feet
of tidal wetlands pursuant to the amended permit.
I respectfully request that you amend Mr. Kerbs' application to
reflect what is contained in this letter, specifically that he
seeks an interpretation of the distance to wetlands from the
building area proposed on the plan submitted to the DEC and, if
that interpretation is adverse to Mr. Kerbs, that a variance be
granted.
Please note that by applying for a variance as alternative relief,
Mr. Kerbs does not admit that the proposed construction is within
75 feet of tidal wetlands under the applicable provisions of the
Code of the Town of Southold.
Should you wish to have us file any additional
with this amendment to the pending zoning board application,
advise me and I will do so promptly.
SRA: mb
papers in connection
please
Reject fury Yours,
/
Encl.
×c: Mr. Jon Kerbs
Frank A. Isler,
Esq.
JON KERBS
Reilly Avenue
Mattituck, New York
11952
February 1, 1988
Stephen R. Angel, Esq.
Esseks, Hefter & Angel
108 East Main Street
P.O. Box 279
Riverhead, New York 11901
Dear Mr. Angel:
This is to authorize you to represent me in connection with any
applications made on my behalf to the Town of Southold, Zoning
Board of Appeals. You are specifically authorized to amend my
prior application.
Very tru, ly ~/ours,
tIENRY P. S,MITtt, President
JOHN M. BREDEMEYER, Vice-Pres.
PIilLLIP J. GOUBEAUD
ALBERT KRUPSKI, JR.
ELLEN M. LARSEN
IIOAIID OF TOWN TRUSTEES
TOWN OF SO~ItOLD
Town Hall, 53095 Main Rnad
P.O. Box 728
Southold, New York 11971
June' 30, 1987
TELEPHONE
(516) 765-1892
Mr. Jon C. Kerbs
P. O. Box 525
Greenport, New York
]1944
Re: Koke/Kerbs Wetland Application No. 373
Dear Mr. Kerbs:
The following action was taken by the Board of Town Trustees during their
regular meeting held on June 25, 1987 regarding the above referenced application:
~tEREAS, Alexander Koke/Jon Kerbs applied to the Southotd To~ Trustees for a pe'fmit
under the provisions of tile Wetland Ordinance of the Town of
Soutbold, application dated March 1, 1986, and
WHEREAS said application was referred to the Soathoid Town
Conservation Advisory Council for their findings and
recommendations, and
WHEREAS, a public hearing was held by the Town Trustees with
respect to said application on August 28, 1986 at which time all interested
persons were given an opportunity to be heard, and
WHEREAS, the Board members have personally viewed and are
~amiliar with the premises in question and the surrounding area, and
WHEREAS, thc Board has considered all tile testimony and documentation
submitted concerning this application, and
WHEREAS, the Board has determiued that the project as proposed will
not affect the health, safety and general welfare of the people of
the town,
NOW, THEREFORE, BE IT
RESOLVED that Alexander Koke/Jon Kerbs BE AND ItEREBY IS GRANTED PE~IISSION UNDER THE
PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Construct a one family
house, driveway, sanitary system and well and to fil. 1 with apbroximateiy 100 c~. yds.
of fill to raise the grade. Property is located on Narrow River Road, Orient.
Approval is subject to the following: All construction being kept within the
~uild~g:envelope ~ the survey provided. The house is to be constructed on open
p~i~p4~as df~B~sed on field survey With the applicant, and subject to the approval
of the Suffolk County Department of Health Services. A co=munication fs to be
f9rwa%ged to.them requesting that they give due considaration to tile coliform
generation toward Hallocks Bay with any technically advanced or new sanitary system
Board of Trustees
Alexander Koke/Jon Kerbs - approval - page 2.
be constructed if it is deemed necessary.
This permit will expire on June 25, 1989 if work has
not commenced by said date. There are two inspections required and
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 auy liability which may arise
in the performance of the operations pursuant to such permit in such
amount as shall be fixed by the Trustees, which said policies shall
name the Town as a name insured. Please take further notice that
this declaration should not be considered a determination made for
any other department or agency which may also have an application
pending for the same or similar project.
A $]0.00 Wetland Inspection fee is due at this time.
PLEASE RETURN TO THE BUILDING DEPT. FOR A DETEI~IlNATION ON THE NEED OF ANY OTIIER
TO%~ PERMITS THAT MAY BE REQUIRED FOR THIS PROJECT.
HPS:ip
Very truly yours,
Henry P. Smith, President
~oard of Town Trustees
Robert A. Greene, D.E.C., Stony Brook
Commissioner Henry G. Williams, D.E.C., Albany
Stepi~en Mars, Army Corps of Engineers
Thomas Hart, Coastal Management
Conservation Advisory Council
Bldg. Dept.
Board of Appea~s
File
Board of Trustees
Alexander Koke/Jon Kerbs
(Addendum)
The following conditions apply to this permit:
All necesaary precautions shall be taken to preclude contamination of.,
any wetlands or waterway by suspended solids, sediment, fuels, solvents,
lubricants, epoxy coating, paints, concrete, leachate or any other
environmentally deleterious materials associated with the project work.
All fill and spoil material shall be suitably contained a~ the work
site so as to prevent its eroding, leaching or dtherwise entering
into the adjacent wetlands and waterways.
New York State Depa~ment of Environmental Conservation
Regulatory Affairs Unit - Region I
Bldg. 40, SUNY, Room 219
Stony Brook, NY 11794
(5]6) 751-7900
J~ua~ 6,19~
AMENDMENT TO PERMIT
Former Permit # (if any):
(FomerPe~mittee ~exander Ke~)
Thomas C. Jorling
Commissioner
RE: Permit No. & Location: ~86-0092, ~rr~ ~ver ~., ~iont
John C. Kerbs
P.O. Box 525
Greenport~ NY 11944
Dear Mr. ~s:
x Your recent request to extend the above permit has been reviewed
pursuant to 6NYCRR, Part 621. It has been determined that there has not
been a material change in environmental conditions, relevant technology or
applicable law or regulat]ons since the issuance of the existing permit;
therefore, the expiration date is extended to
x Your recent request to modify the above permit has been reviewed
pursuant to 6NYCRR, Part 621. It has been determined that the proposed
modifications will not substantially change the scope of the permitted
actions or the existing permit conditions.
Therefore, the permit is amended to authorize: (1) Construction of a single family
dwelling and attached deck witJ~in 47'x57' outline and place 250 cubic yards of fill within area of cesspools
betwe~.n hotme autd road. Ail work to be in accorctmlce with attached plans prepared by J.C. Kerbs dated 12/23/87,
approved by NYSDEC. (2) Q~ange in name of permittee to above addressee, k4ditlnllal Conditions: (1) the 50'
n~tural vegeEaLu~ buffer is to r~nain; (2) driceway is to be of perw,ahle material; (3) This letter also
continns th;~[ the 47'x57' building outline stkxea on said plan is 75' frcra the EEC determined tidal wetlands
! L-re.
This letter is an amendment to the original permit and as such, shall be
posted at the job site.
All other terms and conditions remain as written in the original permit.
Very truly yours,
~fr~ T. ~llar
Deput7 Regional Permit Administrator
RNT
Sent
to:
, /'
S'
10-86-0092
E^c~u,,~soc.^,~ .u,~aE~,! PER M IT
Under the Environmental Conservation Law
N/A
$/2/86
].2/31/87
/-JArticle 15, Title S:
Protection of Water
I--}Article 15, Title 15:
Water Supply
I'~^rtJcle 15. Title
Water Transport
E~Article '15. Title 15:
Long Island Wells
I-]Article 15, Title
Wild, Scenic
and Recreational Rivers
E]faNYCRR 608:
Water Quality Certification
nArticle 17. Titles 7, 8: SPDES
[-]Article 19:
Air Pollution Control .
r-lArticle 23, Title 27:
Mined Land
Reclamation
[-]Article 24:
Freshwater Wetlands
X~[Article 25:
Tidal Wetlands
N--New. R--Renewal. M--/~odification
[~Article 27, Title 7:
So,id Waste Management __
r'"l^rticle 27, Title 9:
Hazardous
Waste Management
~-] Article 34:
Coastal
Erosion Management
I-'lAnicle 36:
Floodplain Management
~'~Articles .1. 3. 37; 6NYCRR 300:
Radiation Control
C-Construction. O-Operation. (I.f Applicable)
PERMIT I SUED TO
~exander Koke
ADDRESS OF PERMITTEE
Schooner Dr., Southold,l~/ 11971
~oy Haje,Pres.,En-Consultants,1329 N.Sea Rd. ,Southampton,NY 11968 283-6360
~x~u~x~xx~x~m~m~xm~xs~ PROJECT SITE ADDRESS: Narrow River Rd. Between
lands of Town of gn,,~hn]4 ~
tOC^nO~ OF PROJEU . [ COUN~ TOWN/CITYNILLA~E uI~ C~RDINAIES
Orient '~ ' ] Suffolk Snuthnl d
r-Construct one famil~ dwelling and septic system tn ~dnn~ ,.t~ ~F~c~
Septic syst~ to be between house and road. Place I00 c.y. fill Jn area nf
system. Ail parts of house to be a minimum of 75' from tidal wetlands. /,.
Charles T. Hamtlrnn
Stony Brook,NY lite& ~
11.
12.
13.
ADDITIONAL GE*NERAL COhlE~ '~'
be p,escribed by the United States Coasl Cu,,d shall be installedmana~
other environmentally deleterious male6al$ associated with the
project.
14 Any male,,aldredged in Ibc PrOSecutio~ ~ {;, '
of the permit apphcation.
Such approved plant were p~epa~ed by ~
~. VanTuyl .latest rev~f~n ~
SPECIAL CONDITIONS
I. In order to protect the lugs of the adjacent wetlands there is to be no
disturbance to Vegetation or topography beyond 25' from the southerly side of
the house.
Supplementary Special Conditions (A) through (j) attached.
10"86-0092
Page
_ of
The
A,
B.
C,
Me
SUFPLEME~rrARY SPECIAL C0R~ITIONS
~ollowing conditions apply, to all pe~itS: '
if any of the permit condi~ions are unclear, the permittee shall contact
the Division of:RegulacorylA[fairs at :he address and telephone no:ed
A copy of :his pemi: or approval.'and supplemen:a~ conditions shall be
~ailable at the project site whenever authorized work is in progress.
~a pe~it sign enclosed with the pe~it or a copy of letter of approval
shall be protected from the weather and posted in a conspici~us location
at the work site until comp~etiop of authorized work.
A~ leas~ 48 hours prior to. co~encement of th?Pr0Jec~, the pe~ittee shall
'komplete and reru~ the top portion of the enclosed receipt fo~ certifying
that heis fully aware of and uMerstands all provisions and conditions of
this pe~i~. Within one week of completion of the pe~tted work, the
bottom portion of that fo~ shall als~ be completed and returned.
For projects in~olving activiti~s to be accomplished over a period ~r more
than one year, the pe~ittee shall notify the Regional Pe~it Administrator
~iting at least 48 hours to the co~enc~ent of resumption of work each
year.
If project design modifications take pl~c~ after pe~it issuance, the
pe~ttee shall sub~t the appropriate pl~ changes for approv~ by the
Regional Pe~t Ad~nistrator prior to umde~aking ~y such mod~lcatioms.
~e pe~ttee is advised that substantial' modification may require
~ssiom of a mew application for pe~it.
~1 necessa~ precautions shall be ~ak~ to preclude coati,marion of a~y
wetlands or water{ay by suspended solids, sed~ent, fuels, solvents,
lubric~ts, epo~ coatings, paints, concrete, leachate or any other -.
e~ro~em~ally deleterious materials associated with the project work.
~y fa~ure to c~ply precisely ~th all of the te~ amd c~dirions of
~h~s p~t, u~ess au:ho~zed in ~iti~g, sh~l be rr~ted as a ~olatiom
of ~e ~o~t~ C~s~atiom L~.
The permittee is advised to obtain any per-.its or approvals that=ay be
required from the U.S. Department of Army Corps of Emgineers, NY'District,
26 Federal Plaza, New York, R~ 10278, (AtCentiom: Regulatory Functions
Branch), prior to coamenc~ent of work authorized herein.
The grant!~g of ~his per--it does not relieve the permittee of the
responsibility of obtaining a grant, easement, or other necessary approval
from t. he Division of Land Utilize:ion, Office of General Ser~ces, Tower
Building, Empire State Plaza, Albany, h~ 12242, which=~y be required for
any ..ancroa~h~emt upon State-owmed lands under water.
Regional Permit A~n~fstrator
~S Dept. of Emvirommea:al. Conservation
Bldg. 40, SUh~Room 219
Stony Brook, ~ 11794
(516) 751-7900
· DEC ~ 10-86-0092
Page 3 of 3
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. '~/~' ~' -')
DATE ..........
TO THE ZQNING BOARD OFJARPEALS, TOWN OF SOUTHOLD N. ¥.
Street or~ Number
I | Name of Appellant
J~ J J' J~l J~ J J J~J~J ~ i ] [~ ........................................... ~J 'J' J 'H ER[[Y ~P[[ *O
THE
ZONING
FOR PERMIT NO....................... ~ ............ DATED ........
BOARD OF APPEALS FROM THE DECISION OF THE BUILDI/NG I/blSPECTOR ON
APPLICATION
WHEREBY THE BUILDING.INSPECTOR DENIED T~)
....... . ......... ............... ....................... ...............
Street and Numoe ' 'p 'ty State
( ) PERMIT TO USE
( )_._ PERMIT FOR OCCUPANCY . . ~,l'~ . ,.,.
-' 1.''~- LOCATION OF THE PROPERTY ../I~.,~-Q~o...~....~.I.V.~...~......~....~..~,.~..~..~. ........
Street /Hamlet / Use District on Zoning Mop
District 1000 Section~.Y)Block6-~Lo{~-- ~ . ~
................................................................................ ..current uwner
Mop No. Lot No. Pri or Ownerl~.
2. PROVISION (S) OF THE ZONING ORDINANCE APP~LED (Indicate the A~icle Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article ~ Section ~t~.-~ .
3. TYPE OF APPEAL Appeal is made herewith for (p3ease check app~o~ate box)
( ) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Ch~p. 62 C~s. Laws
Art. 16 Sec.,280A Subsection 3 · '
4. PREVI'%~} APPEAL A%rev,ous appeal (has)(has not)~_been read, with
Of the Building Inspector or with respect to this p top: rtyl ' n~ 5
Such oppealwa,( ) requesW foW;specia~permi~ ~) ~b~
( ) request for a variance ~ ~e ¢~;
and was made in Appeal No ............................ Dated ....................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
is,requested for the reason that ~'
(Co n e on ether side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would proc~gce practi¢ol~difficUltie~o(~nneces-
· sary HARDSHIP because
2. The hardship created is UNIQUE and is not shared by all. properties alike in the immediate
vicinity of this prgxperty and in this use district because
3 T~ V~rionce woul~ observe the spirit of 1~ Ordinance ~nd WOULD NOT CHA~E THE
CHARACTER OF THE DISTRICT because M~, ~,
STATE OF NEW YORK )
) ss
COUNTY OF 3~','-ot-~ )
Sworn to this ................ f..~, ..................... '.... day of ................ .~.~-..~T... ............................ 19 oO'o~--
Notary Public
HELEN K. DE VOE
NOTARY PUBLIC ~tate e~ New
No. 4707878;SuiJotk County~
Term ~oit,~ ~,,fch 30, lg..~g-- /
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of :
to the Board of Appeals of the Town of Southold :
YOU ARE HEREBY GIVEN NOTICE:
NOTICE
TO
ADJACENT
PROPERTY OhrNE 1~
1. T~s the.~intention of the undersigned to petit~ard of Appeals of the Town of Southold
t~,request a~Spec, ial Exception) (Special Perm, it) L,(~t]2~~ [c~rqle choiqe]
2. That the property which f,s the subject of t~ Petition i_s located, adjacent to your property%and is des-
cribed as follows: ~-7~ c.~ J~.~ ~? ~'o ~3 ~'~' ~.,~* ~._ .~*~=~(,F', ;
_cC io es -- 037 - - o
3. That the property which is the subject of such Petition is located in the following zoning district:
^ .4.~That by,%ucb Petition, the,undersigned will request the~llow~ r~lief: ~ . ~,~,
S. T~at the prov~s~o.s of t~e SoutholO Tow. Zo.~.g CoOe applkable to t~e relief soug~y the
signed are ~cle ~ ~ II q, ~
[ ] Section 280-A, New York Town Law for approval of access over rlght(s)-of-w~.
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 ~ice at Main Road, Southoid, New York and you may then and there
examine the same during regular office hours. (516) 76~1809.
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:
Petitioner ~.~
Owners'Names: , or.. _,
Post Office Addres~O
Tel. {
[Copy of sketch or plan showing proposal to be attached for convenience
purposes.]
NAME
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
P-531 924 564
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
of
verse sid4
names; that the addresses
the current.~]s~--"~qnten~ rl~l oflttle Town
~) (registered) ma~i. ~"~
Sworn to before me this /~
day of ;~r'~.~._ , 19 _~
~otar¥ ~bHc
s that on the __ day
mait~ a t~?ue copy of the Notice set forth on the re-
addresses set opposite their respective
ddresses of said persons as shown on
mailed at the United States Post Of-
Said Notices were mailed to each of said persons by
HELEN IL DE VOE
NOTARY PUBLIC, State ol New York
No. 4707878, Suffolk Count~ ~,o
Term Ex0ires M~rch 30, ~.g ~!
(This side does not have to be completed on form transmitted to adjoining
property owners.)
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
to the Board of Appeals of the Town of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
(
YOU ARE HEREBY GIVEN NOTICE:
/ 1. That it is the intention of the undersigned to peti~io~.~t_he 8o~d of Appeals of the Town of $outhold
to recluesqa (Variancq) (Sl~ecial Exception) ~ecial Permilfl__LOt~ [circle choice] !
cribed as2'follows:That the propertys-73 dwhichj, )~_.~ls the~subject~3 of t~e. tPetiti°n,-~ ~:~ is~>~.; .l°ca;'cd adjacent to your property and is des-
7-
3. TharL~he p~r~ert~, wl~ic9 is the subject of such Petition is located in the following zoning digtrict:
4,~That by~ucl~ Petition, the~ undersigned wiU request th.~ollowing r~elief:
$. That the provisions of the Southold Town Zoning Code applicable to the relief so~0'ght by the under-
signed are Article ~ Sectic~ / ~$.
[ ] Section ZSO-A, New York Town Law for approval of access over right(s)-of-wRy.
6. That within five days from the date hereof, a w~itten Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there
examine the same during regular office hours. (516) 765-1809.
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: ~/~l~/~ ~' ~'~ C
Petitioner
Owne s' ames:
Tel. ao.
[Copy of sketch or plan showing proposal to be attached for convenience
purposes.]
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
P-531 924 563
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss,:
/~/a ,/-~. ,4.~r/~ t~'-~ , being auly sworfi, deposes and sa~/s that on the /~ day
o~[ ~.~_ ~ut/.r~7/ m , 19 ~"~/ , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, ;4irected to each of the above.named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the curre..ox.a~ea~ent~r~ll of the Town of Southold; that said Notices were mailed at the United States Post Of-
~(certifie~e~regist~r'~d) mail. ) ; that said Notices were mailed to each of said persons by
Sworn to be~re me this
day of ~ae-/.4~ ,19 ~-~
NOTARY PUBtlC, State o~ New Yod~
NO. 4707878 Suffolk C0enty~.
.. Notary Public Term Expires M~lch 30, ltl
(This side does not have to
property owners.)
be completed on form transmitted
to adjoining
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTIIOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
.to .~...~ .......................
·..~. ?.~..~-.~>-~ .......................
·. ~.,.,~,,~,.'r... ~.'.5.'..~. :~..q.~. .......
PLEASE TAKE NOTICE that your applicatiorL.~ted ... O q,~....~:~......~. } ........ 19. ~..'~ .
l,ocat on of Property...-,5.'-!,~,~O ..... J~O.~.~...~..'.....~..Q::>....~--M-~-'~...~. ...........
House No. Street ,*/om/et
~:~::x') ..... Block .... .~. 'X.... Lot . .0. ~'~"..
County Tax Map No. 1000 Section . .' .....................
Subdivision ................. Filed,Map No ................. Lot No .................
~~.~,,-..~ ~..~.q..~.~. ~ ,..~.~
.......... .........................................
Building lnsp,:ctor
,SIIORT Eli,V1ROHH EIIT ^ L
(a) Zn order %o an~wor tho quoationa In thru :Hxor~ EAF 1~ 13 a3:~umed ~hac ~ha
~ro~aror will u~ c~rrantly availabla infonn~tian conc~rning tho proJoct and tho
or othor investigations w~l bo ~dortaican,
(b) If any question ha~ boon a~Jwori~d Y,::~ t}m project ~rny bo :~lKnlflcan~ and a
(¢} If all quostion~ have been answered
(d) ~qvtronmental
W~I project ro~ in a la~o phyJical
to the project site o~ physically altur moro
than lO acrea of land7 . · . .......
2, Will thoro bo a ~Jor chnn~o to a,,y ,miquu oP
unusual land fo~ found on thu ~ltu? . . ~-- Yo~] ~ No
&. W~! project have a potentially
gro~dwa~er quality? * * *
W~i proJcc~ ~ificantly.
7. W~i proJoe~ restS% ~n
air quality?
W~I proJec~ havo'a ='~Jor offoct cn vtaual ch~r-
actor of tho corn. inanity or 3ccnlc vtew~ oc 'zl:~taz:
kno~ to bo ~portant to ~ho commun.[%77 *
9. Will proJoc~ adversely impac~ an7 sit,~
ufo of h~a~orl¢$ pro-his~orlc
impor%anc~ or aBy silo dosignat~d as a critical
~nvironmon~l aroa by a local a~{uncy? · · , Yoa .~__ ~o
lO. W~i pro3oct haw a ~3or
future r~creational opport~nitiuu? · · ,_
~ll, Will proJoct.r~sul%' in ~%Jor tr:xfflc problc.m o:-
systems? · * * ...... * . ·
12. Will proJoc~ rogt~arly caut;o obJ,~ctionable
Will proJoc~ have any impact on public health
safaty'f *
lA. l~lll project ~ffoCt tho oXlUtlng c'omm,ullt7 b7
~ SIC:MTL~~'~ ~c°n%r my ct) 'el*ritz;,, .,o
g. UESTIO;,~'A[RE TO BE CO:'IPLETED AND SUB~.IITTED
NITH YOUR APPL[CAT[O;I FORHS TO Tile B-O-~RD OF .~P~ALS
Please complete, sign and return to the Office of the Board of Appeals
with your completed application forms. If "Yes" is answered to any
questions below, please be sure to depict these areas on your survey
(or certified sketch), to scale, and submit other supporting documenta-
tion.
1. Are there any proposals to change or alter land Contours?
Z.a) Are there any areas which contain wetland grasses?
(Attached is a list of the wetland grasses defined by
Town Code, Ch. 97 for your reference.) . ~ N~
*b) Are there any areas open to a waterway without bulkhead? ~ Ne
2. Are there existing structures at or below ground level
such as patios, foundations, etc? ' Yes ~
4. Are the~e any existing or proposed fences, concrete
barriers, decks, e~c?
Yes -~
5. ' If project is proposed for an accessory building or
structure, is total height at more than 18 feet above
average ground level? State ~otal: ft.
6. If project is proposed for principal building or
structure, is total height at more than 35 feet above
average ground~l? State total: ft.
7. Are there other premises under your ownership abutting
this parcel? If.yes. please submit copy of deed.
8. Are there any building permits pending on this parcel
(or abutting land under your ownership,-if any)~
State Permit # and Nature: '
Yes
Yes
Yes (~
9. Do state whether or not applications are pending
concerning these premises before any other department
or agency (State, Town, County, Village, etc.):
Plann-~ng. Board
Town,card
-- · Town/~ ru'stees
~/~-Coun/t~ Health Departme,
Yes
Yes
Yes
Yes
Village' Of GrecnB~rt. Yes
Other '
- Yes
lO. Is premises pending a sale or conveyance?
If yes, please submit copy of names or purchasers
and conditions of sale.(from contract). Yes
ll. Is new construction proposed in the area of contours .:'"
at 5 feet or less as exists?
If new construction is proposed in an area within
75 feet of wetland grasses, or land area at an eleva-
tion of five feet or less above mean sea level, have
you made application to the Town Trustees for an
inspection for'possible waiver or permit unde~
' the requirements of Ch. 97 of the To,.in Code?~l+~~
13. ~se.llst prfsen~ ~ o[ operations ~o ~t~ '~on'~¢~.
~uujecu prgper~y a~ ~n~ ~i~e ~~
and proposed ' · ~ ~/ ~ ~,
· Please submit phot~eco~l~mm~ · .
[ card,cf~ ~,h, at .the~above statements are true and are being submitted for
~Y~rd o~A_~ppea]s in Considering my application.
:~ (ProperEy Owner) (Authorized A~en~)
3/3~ lk
§ 97-13
WETLANDS § 97-I3
TOWN -- The Town of Southold.
TRUSTEES -- The Board of Trustees of the Town of
Southold. [Added 6-5-84 by L.L. No~ 6-198.1]
WETLANDS [Amended 8-26-76 by L.L. No. 2-]976; 3-26-
85 by L.L. No. 6-1985]:
A. TIDAL WETLANDS:
(1) All lands generally covered or iatcrmittently cov-
ered with, or which border on, tidal waters, or'lands
lying beneath tida~ waters, which at mcan low
are covered by tidal watcro to a maximum depth of
five (5) feet, including but not limited ~ banks,
bogs. salt'marsh, swamps, meadows, flats or other
low lying lands subject Ia tidal action;
(2) All banks, bogs. meadows, fla~ and tidal 'marsh
subject to such tides and upon w}dcb grows or may
grow some or anM of the folIowing: salt hay.
grass, saltwort, sca' Iavendcr, ~1 cvrdgcass, high
bush, cattails, groundsel, nmrshma~low and Iow
march cordgrass; and/or
(3) Ail land immediately adjacent to a tidal wetI:md :m
defined in Subsection A(2) and lying within seven-
ty-five (75) feet landward of tile m.:~t btndv:ard
edge of such a tidal wctkmd.
FREStlWATER wETLANDS:
(I) "Freshwater wetlands" as defined in Art/cie 2.1, Ti-
tle 1. ] 24-0107. Subdivisions l(a) to l~d) inclusive,
of thc Environmenud Coaservation Law of the State
of New York; and
(2) Ail land immedh~tely adjacent t~ a "frcshw:tter wet-
~and,' as deflaed in Subsoctiou I~(I) ami lying with-
m seventy-five (75) feet landward of the most land-
ward edge of a "freshwater wetla)~d.'
97O5
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. SAWICK[
Mr. Stanley A.
Suffolk County
Peconic Plaza -
164 Old Country Road
Riverhead, NY 11901
November 16, 1987
Pauzer, District Manager
Soil and Water Conservation District
Route 58
Re: Appeal No. 3687 Jon C. Kerbs (Variance)
Dear Mr. Pauzer:
We presently have an application pending in which the
property owner proposes to locate a new dwelling structure
with an insufficient setback from wetland areas. The
subject premises is located along the east side of Narrow
River Road and along the easterly portion of Hallocks Bay,
Orient, New York, and the survey of the proposed construc-
tion depicts the "building envelope" and the proposed
"house envelope" at more than 75 feet from the ordinary
highwater mark. The house is proposed on open pilings.
May we ask your assessment of this project prior to
our scheduling this matter for a public hearing?
Enclosed for your file are copies of the'proposed
survey or sketch, County Tax Map showing the immediate
area, and any other relevant information.
Please'don't hesitate to call if additional information
is necessary. Thank you for your time and assistance.
Yours very truly,
lk
Enclosures
GERARD P. GOEHRINGER
CHAIRMAN
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONI$, .iR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board o£Appeals
MAIN RDAD'- BTATE RDAD 25 SnUTH~LD, L.I., N.Y. 11~71
TELEPHONE (516) 765-1809
November 16, 1987
Mr. Jon C. Kerbs
P.O. Box 525
Greenport, NY 11944
Re: Appeal No. 3687 (Variance)
Dear Mr. Kerbs:
This letter will acknowledge receipt of your recent applica-
tion. The Members o¢ the Board of Appeals will be conducting
field inspections and environmental reviews as may be required
by State and Local Laws prior to their scheduling your application
for public hearing.
Although the earliest available date for public hearing at
this time is on or about mid-December, written confirmation will
be sent to you within the next couple of weeks. A copy of the
legal notice of hearings will be sent to you prior to publication
in the Suffolk Times and L.I. Traveler-Watchman by our office.
Please feel free to call if you havq. any questions.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
P.S. At your convenience, please furnish copies of the
current deed and/or any other legal document conveying
the premises from the previous owner(s) to you.
~IENRY P. SMITH, President
JOHN M. BREDEMEYER, Vice-Pres.
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
TELEPHONE
(516) 765-1892
June 30, 1987
Mr. Jon C. Kerbs
P. O. Box 525
Greenport, New York
11944
Re: Koke/Kerbs Wetland Application No. 373
Dear Mr. Kerbs:
The following action was taken by the Board of Town Trustees during
their regular meeting held on June 25, 1987 regarding the above captioned
matter.
RESOLVED that the Southold Town Trustees ACCEPT the_~e o~p~~p~d by .
Trustee John M. Bredemeyer, III regarding the Wetlam&App~icmtiom No. 373
submitted by Alexander Koke/Jon Kerbs, and
BE IT FURTHER
RESOLVED that said report become part of the record. (see attached)
Very truly yours,
Henry P. Smith, President
Board of Town Trustees
HPS:ip
cc: Robert A. Greene, D.E.C., Stony Brook
Commissioner Henry G. Williams, D.E.C., Albany
Stephen Mars, Army Corps of Engineers
Thomas Hart, Coastal Ymnagement
Conservation Advisory Council
Bldg. Dept.
Board of Appeals
File
~LOCATION GRID: 20' on Each side
,...
i~...: , / o. ~'~
~8
WETLAND' A~EA REPORT
Date 6-15-87
.~o'¢ation Kerbs/Koke
A~rostis alba
(bent grass)
Ammophila brevili~ulata
(dune grass)
Arctomtaphylos' Uva-ursi
(bear berry)
~xenaria peploides
(sea beach - sandwort)
Art emisia candata
(wormwood)
A. stelleriana
-~usty miller)
Aster tenuifolius
(salt marsh aster)
Atri~tex arenaria
(s~:a beach orach)
A_~_. patula (orach)
Baccharis halimifo!ia
~1 bush)
~akile edentula
(sea rocket)
'Chenopodium rubrttm
(coast blite)
erythrorhizos
C. ferru~inescens
~ed~e)
C.. filicinus (sedge)
Distichlis soicata
(spike,grass)
Eleocharis
(sF~ke rush)
El.vmus vir~inicue
(seaside ~itd rye)
Eunhorbia oclvconifclia
.(seaszde spurqe)
9erardia maritima
LOCATION AND COMMENTS
.Transition-Species
2c,2d,3c,4b,5a,5b,5c, 5d
Transition~Species
3b,4a,4c,4d,5a,5b
PERCENT DISTRIBUTION
BUILDING ENVELOPE
0%
~10%
og
GENUS SPECIES
Glaux maritima
(Sea milkwort)
'Hibiscus palustris
(mar.sh mallow)
Hud$onia tomentosa
pov~ grass)
Ira frutescens
(marsh elder)
J. Gerardi
(black ~rass)
J. Greenei (rush)
JuniDerus virqiniana
(red cedar)
Lathyrus ~ aponicus
.(beach pea)
Lechea .maritima
~e~)
Li~onium carolinianum
( sea lavender)
Myrica pensylvanica
(bayberry)
Panic,~n vir~at=m
'~rass)
· Phra.cmites communis
(reed)
~ j~ncoides
early seaside plantain)
Plan%a~o oliganthos
(late seaside plantain)
Pluchea purpurascens
(salt marsh fleabane)
Polyqone!la articulata
(~oint weed)
Poly~onum glaucum
(sea beach knotweed)
Potentilla anserina
(silverweed)
Prunus maritima
(beach ~lum)
Quercus ilicifolia
(scrub oak)
Rhus comallina
(dwarf sumac)
R.
~mooth ~umac)
LOCATION
Transition Zone, Disturbed soil F.W.
Wetlands:ld,2d,3¢,4d,(only grid W~50%
coverase in 8rzd)
PERCENT DISTRIBUTIO
ON BUILDING ENVELOP
Also roadside & ~land specie~
Also roadside & Upland species
Also roadside ~ upian~ species
5b,6b
<10%
~.5%
R. radicans
(eoi son-iv.v)
0%
,GE.N-dS SPECIES
R. vernix
~t spray rose)
R. vir~iniana (slender
leaved salt spray rose)
Salicornia bi~elovi
(dwarf glasswort)
S. euromaea
~-~lende~ ~lasswort)
S. vir=infca
~oody'~lasswort)
Salsola kali
(com~mon saltwort)
~cirpus americanus
(common threesquare)
S. atrov±rens
S. c_~rinus
T~edge)
S. maritimus
T~a!t-marsh bulrush)
S. torreyi
~1 n-~.v ~hr~esquare)
Solidaco semmervirens
(seaside ?ol~enrod)
So/idaco tenuifolia
'~lender leaved ~oldenrod)
Soartina alterniflora
'(~alt marsh grass)
S. patens
Walt meadow grass)
S__~. pectinata (fresh-
water cord slouqh~rass)
Sperguia'ria ma~ina
(sand spurry
Spirea 'elba
(meadoW,, sweet)
Sueda maritime
S. linearis
~ea blite)
Typha an~ustifolia
(narrow-leaved cattail)
T~ .latifolia (cattail)
Xanthium echinatum
(sea burd~c--~--
LOCATION
3
PERCENT DISTRIBUTION
ON BUILDING ENVELOPE
0%'
DUNE & ROADSIDE
SCATTERED
SCATTERED CENTER OF GRID
.0%
Prepared by:' ·John Bredcmeyer,
SHADED AREA GONTAINS: '.30%
or greater coverage~-~ Hish?~iarsh
Trans~ition Zone VI ~lant S~cies
with no intertid~r ac~[i
species. , ,~ ~
k1LL./\/--\I NII_~L.~..I / '
'-- M2',
_'i'O",~INI-OF' .SOUTNOLQ N.Y
A~-EA
..... · .SU,~Mc f.
GUA F,,:]ANIT E'~D TO
WETLAND SURVEY: 6-15=87
PREPARED BY: John Brede~eyer,-B.~., S.o~'th01d
Shaded Area contains 50% or gr~ter
coverage by High Mars~Trans~ion
Zone VI Plant SpeciCwith~6
intertidal or aqua~c spec es. ~ .." / ~ ~.~
O 2:IEN r
..TO',,,/N]- OF 50UTHOLQ
AP. EA
"..NIQTF,%,, 'F'CgEI"I SE5 IN FLOOD ZONE A-"/ ~'EL, I0) ~
_LFi-,T:OH =.~,,LJFF. ?._O_z_,E. RW. ?%Ef~IAL
."~.UA f~ANrT EI~'.D TO
SPECIES DISTRIBUTIO~q: Pi{RX;}IfI'IJS Q)?'lUNIS.(,'tcommo reed")
APPROX. 10% coverage, of envelqp~/
existis in shaded area>~lO% · /
Prepared by jo~'n Bred~'yer]~., ~"'.
Southold ~ ~' ..
To~ Trust~ ' ~."
6-15-87
/
?
·
.02i£NT
_TO',4bq-OF 50UTMOLD, NY,'
".I-4QT_F.%.. PI~EHISE5 IN FLOOD ZONE
.. 7._E.EEVAT I ~ N 5-~-F~-~ E la TO'MEAN
,: .FI-2:Q. M BUFF. ,C._O._P,RW.
GUA~AF4TEZI~.D 'rD CNIC. ASC, '
~erage of envel'op~
exists in shaded area ,10% ."~
Prepared by John BCemeye/B.S.
Southo'ld Town TrU~Yee /
OF2.J EN'F
i'O',,,I~-OF' fff)UTHOLD,.N,y,
'"._klQT. FS: PI"2EMISE5__ IN FLOOD ZONE
i.~CMVAT~ONB ~EFEP_ TO b~Afq
F2E',FI 5~D JAN.
GUAf~AI'4TE~D TO CNIC,¢~O
SPECIES DISTRIBUTION:
BACCHARIS HALIblIFOLIA
Approx. 5% coverage of
Shaded area 10% _
Prepared by John BredemeyeJB
Southold To~ Trustees
/
" ' .. OF4JEN'F -',
]'O',¢,/I~-OF F-,OUTPlOLD,.N.y.'
CAL
'".J<,t0T.~ES: 'J::~BEMISE5 IN FLOOD ZONE A-'7 (El.,, IO) i
;._EEEVAT[~5':~-E~.-~IZ TO"l'.dEA/xi SEA LEVEL'
'
GUA[~AI,4]'EED TO CNICAG, O
3 T~NSITION SPECIES COVERAGE:.
PH~GMITES CO~NIS' ' ' /
ATRIPLEX PATULA . ' / O".~'' /
PREPARED BY John Bredemeye~' B.S. ~ "
Southdld Tom Trustee '/ ~ .
//
°%
. O~,IEN'F
OF' gOUT HOLD, _N.V.'
AP-EA
. .(D" U2C
', u,.~r~ANrTffED TO CIqlCAGO
~ .'~ "AT
OI~.JENT
i'O"MN]-OF 50UTIqOLD,, N,Y.'
,~C,,'q..
AP_ EA
' -_i'q0T -17--~:~_PEE~ISE5 IN FLOOD ZONE A-"'/"(D.._, IO.);
:.~EEVAT~ NS"~-E-~-~i~ ~t~ ~'~I'E-A'-~ 5.¢A LEVEL' E~TJM
., .FI,,~.PI.?DJFF. CO, D.P,Y,/. ~Ef~IAL
.,,,,-~,~,~r~t,~.o~ '.. I ' .- : ~ · .:.
'~UAIi~ANIT E~D TO C~-IIC. A~,O
HENRY P. SMITH, President
JOHN M. BREDEMEYER, Vice-Pres.
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
TELEPHONE
(516) 765-1892
David Harris, M.D., M.P.H.
Conm~issioner
County of Suffolk
Department of Health Services
County Center
Riverhead, New York 11901
Re: Koke/Kerbs Wetland Application No. 373
Dear Dr. Harris:
Please find enclosed a copy of the above referenced application with
a copy of the survey and determination rendered by the Board of Town Trustees
during their meeting held on June 25, 1987.
The Town Trustees re~est that your good office give due consideration
to the coliform generation toward Hallocks Bay, wxth any technically advanced
or new sanitary system be constructed if it is deem6~necessary for this
project.
Should you have any questions or concerns, please do not hesitate to
contact this office at the telephone number listed above.
Very truly yours,
Henry P. S~ith, President
Board of Town Trustees
HPS:ip
Attachments
cc: Trustees
file
HENRY P. SMITH, President
JOHN M. BREDEMEYER, Vice-Pres.
PHILLIP J. GOUBEAUD
ALBERT KRUPSKI, JR.
ELLEN M. LARSEN
TELEPHONE
(516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
June 30, 1987
Mr. Jori C. Keros
P. O. Box 525
Greenport, New York
11944
Re: Koke/Kerbs Wetland Application No. 373
Dear Mr. Kerbs:
The following action was taken by the Board of Town Trustees during their
regular meeting held on June 25, 1987 regarding the above referenced application:
WHEREAS, Alexander Koke/Jon Kerbs applied to the Southold Town Trustees for a permit
under the provisions of the Wetland Ordinance of the Town of
Southold, application dated March 1, 1986, and
WHEREAS said application was referred to the Southold Town
Conservation Advisory Council for their findings and
recommendations, and
WHEREAS, a public hearing was held by the Town Trustees with
respect to said application on August 28, 1986 at which time all interested
persons were given an opportunity to be heard, and
WHEREAS, the Board members have personally viewed and are
familiar with the premises in question and the surrounding area, and
WHEREAS, the Board has considered all the testimony and documentation
submitted concerning this application, and
WHEREAS, the Board has determined that the project as proposed will
not affect the health, safety and general welfare of the people of
the town,
NOW, THEREFORE, BE IT
RESOLVED that Alexander Koke/Jon Kerbs BE AND HEREBY IS GRANTED PERMISSION UNDER THE
PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Construct a one family
house, driveway, sanitary system and well and to fill with approximately 100 cu. yds.
of fill to raise the grade. Property is located on Narrow River Road, Orient.
Approval is subject to the following: All construction being kept within the
Building envelope of the survey provided. The house is to be constructed on open
pilings as discussed on field survey with the applicant, and subject to the approval
of the Suffolk County Department of Health Services. A communication is to be
forwarded to them requesting that they give due consideration to the coliform
generation toward Hallock~ Bay with any technically advanced or new sanitary system
Board of Trustees
Alexander Koke/Jon Kerbs - approval - page 2.
be constructed if it is deemed necessary.
This permit will expire on June 25, 1989 if wQrk has
not commenced by said date. There are two inspections required and
the Trustees are to be notified upon the completion of the work.
Prior to the issuance of said permit by the Clerk, the applicant
shall file with the Clerk a certificate that he has public liability
insurance policies insuring against any liability which may arise
in the performance of the operations pursuant to such permit in such
amount as shall be fixed by the Trustees, which said policies shall
name the Town as a name insured. Please take further notice that
this declaration should not be considered a determination made for
any other department or agency which may also have an application
pending for the same or similar project.
A $10.00 Wetland Inspection fee is due at this time.
PLEASE RETURN TO THE BUILDING DEPT. FOR A DETERMINATION ON THE NEED OF ANY OTHER
TOWN PERMITS THAT MAY BE REQUIRED FOR THIS PROJECT.
HPS:ip
CC:
Very truly yours,
Henry P. Smith, President
Board of Town Trustees
Robert A. Greene, D.E.C., Stony Brook
Commissioner Henry G. Williams, D.E.C., Albany
Stephen Mars, Army Corps of Engineers
Thomas Hart, Coastal Management
Conservation Advisory Council
Bldg. Dept.
Board of Appeals
File
Board of Trustees
Alexander Koke/Jon Kerbs
(Addendum)
The following conditions apply to this permit:
Ail necessary precautions shall be taken to preclude contamination of
any wetlands or waterway by suspended solids, sediment, fuels, solvents,
lubricants, epoxy coating, paints, concrete, leachate or any other
.environmentally deleterious materials associated with the project work.
Ail fill and spoil material shall be suitably contained at the work
site so as to prevent its eroding, leaching or otherwise entering
into the adjacent wetlands and waterways.
TOWN OF SOUTHOLD
BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD, NEW YORK
WETLANDS PERMIT
This Wetlands Permit No ..... ,4.,0.8. .......... has been granted by the Town Trustees according to
373 ·
information furnished in Application No ..................... filed by Applicant ..A.l-e..x.,a.n..d..e..r....K..o.k~/.J..RP...[~e. rbs
........................................ on ...M~..,r.,~.h....l..1. z ........... lg...8..6~.... A map of the proposed work will be kept
on file in the Trustee Office under the application number given.
To construct a one fami~ff houset ~orp~ ~X~ ·
Permit §ranted to do the following work .............................................................. . ............. ~
Location of properWonwhichwork to be done .....~.g.T~.¥..~..~..~n~,~ ...........................
Creek, Bay or Harbor fronting property .. Hall.o..c.k'.s Bay.. . ' ................................ :...
Size of work: Length .....7.~.~.~.-;.~.~.~7.7,7.7.7.7.7.7.7.7.7.~.7.~ .............................................................................
Width ............................................................................
Height Above High Water ...........
Depth Below L(~w Water ..............
~Yards to be Excavated ......7.7.7.7.7.7.7.7.7.?.?.?.?.?.T.V.V.V.~P.7.7.7.7.7.7. ............................................
¢
Yards to be Filled ...... .1..O..O....c.,u.:....y..d..s.: ............................................................................
Manner in which material is to be removed or deposited .................................................... ;.' ...................
, . Residential
Intended use or property .........................................................................................................................
Conditions if any ~A~c~°~n~s~t~r~u~c~t~i~°~n~i~s~t~°~b~e~RR~~.~$~A~¥~2~9~
pilings and subject to the approval of the S.C. Dept. of Health Services.
Expiration Date .....`T..u..n..e"..2.5..{...~..9..8.~.9...i..f....w"°..r~.k~".h..a..s."~.~°.g..~.~"b~..~.~ ..........................
2-Trustees are to be notified .u~on ~.~ ~/p~.~j~
Number of Inspections Required ................................................................................
pro3 ec~.
$10.00
Inspection Fees .....................................................................................................................................
· Liability Policies in the Amount of ...7.7.7. Z.~%7.7. F. 7.7.7.7.7,7.7.7,7.~.?.7.7.T.T,T.T,T,T,T.V.V~=~ ...................................
The validity of this permit is or may be subject to the approval of other governmental or municipal
authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the
· event that such approval is necessary, the holder of this permit shall not commence operations here-
under until such approval has been obtained in writing. The failure to obtain such other approval when
required shall subject this permit to immediate revocation by the Trustees upon receipt by the
Trustees, of written notice from such other governmental or municipal authorities of its refusal or
disapproval.
The applicant does by the acceptance of this permit, assume all responsibility for operations, under-
taken pursuant to this permit, and shall take all precautions for the prevention of inju*ries to persons
and property resulting from such operations. By such acceptance, the applicant also agrees to indemni-
fy and save harmless the Town, and its officers, agents and employees from any and all claims arising
from operations under this permit and any and all acts or omissions of applicant, his agent and
employees.
The applicant and the owner and occupants of the premises upon which the operations authorized by
Ibis permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and
its officers and employees to enter upon the premises where such operations are being conducted to
make such inspections as the Town may deem necessary to insure that such operations are being con-
ducted in conformity with this permit.
This operation will not substantially: A. Adversely affect the wetlands of the town.
B. Cause damage from erosion, turbidity or siltation.
C. Cause saltwater intrusion into the fresh water resources of the town.
D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege-
tation or the natural habitat thereof.
E. Increase the danger of flood and storm-tide damage.
F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town.
G. Change the course of any channel or the natural movement or flow of any waters.
H. Weaken or undermine the lateral support of other lands in the vicinity.
I. Otherwise adversely affect the health, safety and general welfare of the people of the town.
Board of Southold Town Trustees
....... ...................
SUFFOLK COUN~ DEPARTMENT OF HEALTH
FOR APPROVAL OF CONSTRUCTION OF
Single Family Residence Only
RODERICK VAN TL/YL, P.C.
LICENSED LAND SURVEYORS
GREENPOrT NEW YORK
SUF'FO,._K CO HEALTH DE~T APPROVA_
H S. NO
STATEMENT OF INTENT
THE WATER SUPPLY AND SEWAGE DISPOSAL
SYSTEMS FOR THIS RESIDENCE WILL
CONFORM TO THE STANDARDS OF THE
SUfFOLK~OF HEALTH SERVICES,
{si
APPLI~/ANT
SUFFOLK COUNTY DEPT. OF HEALTH
SERVICES -- FOR APPROVAL OF
CONSTRUCTION ONLY
DATE:
H. S. REf. NO.:
APPROVED;
SUFFOLK CO. TAX MAP DESIGNATION:
DIST. SECT BLOCK PCL
'~ '~"' 027 2 =
OWNERS ADDRESS:
DEED: L. P.
TEST HOLE STAMP
!
.4
~AR OF PI'2QPEI~.TY
~UFZVEYE[;
AL_ E X ,,A. N D.E I2,. G..t4Old E_
_;..,AT
SUFFOLK CO. NEAbTH, I~g~'r. At~IeOVAL
~.lCtl~lII~ I.;~NI~ ~
IIl~lIIlllqB~ T ~ YCI~K
T
LIC~I~D LAND .~¥LI~O~$
GREENPORT ,~i, NEW YOR~
SUFFOLK CO. HEALTH DEPT. APPROVAL
H.S. NO.
~TATI~MI~NT ~ INTENT
THE WATER $Ut~Y AND .~WAC~ DtSIK)~AL
5YS'l'EI~ lrc~ THIS RESIO~NCE WILL
coNFORM 1'O THE STANDARISG OF THE
SUFFOLK CO. DLI~. ~ I~ALTH 51rRVICE$.
A~ICANT
SUFFOLK COUNTY DEPT. OF
SERVICES -- FOR APPROVAL (~F
CONSTRUCTION ONLY
DATE: ~ . '
H. S. REF. NO.:
APl"ROVED: .......
SUFFOLK CO. TAX
DIST. S~CT. BI.O~K PCL.
~ 027 2
OWNERS ADDRE~I~:
..G~OU ,":i40LD,,t,4..Y ! 19'71
'~T ~E L .'HG~ -' I~,~'~/')
DEED: L. P. .
TOPSO; L