HomeMy WebLinkAbout5147
APPEALS BOARD MEMBERS
Southold 1
Gerard P. Goehringer, Chairman
_ OGy53 95 Main Road
Lydia A. Tortora y P.O. Box 1179
George Horning _ • Southold,New York 11971-0959
Ruth D. Oliva A ®� ZBA Fax(631)765-9064
Vincent Orlando 1 �►a Telephone(631) 765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF JULY 25,2002
Appl. No. 5147-FRED and DONNA FRAGOLA
Property Location: 1145 Gull Pond Lane, Greenport CTM#35-4-8
SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type II category of the
State's List of Actions, without an adverse effect on the environment if the project is implemented as
planned as a setback or lot line request. '
PROPERTY FACTS/DESCRIPTION: The applicant's property is 27,227 sq. ft. in area, presently
vacant land,'situated on the east side of Gull Pond Lane with 124 ft. of water frontage on Fordham
Canal, in Greenport. This property is referred to as Lot 12 on the Map of Fordham Acres, Section
One, filed March 7, 1962 in the Suffolk County Clerk's Office, with 102.44 ft. along Gull Pond Lane
and an average lot depth of 260+- feet (extending from the street into Fordham Canal) as shown on the
April 30,2001 survey,last amended April 3,2002,by Joseph A. Ingegno,L.S.
BASIS OF APPLICATION: Building Department's April 15, 2002 Notice of Disapproval for the
reason that applicants' proposed dwelling will not meet the minimum 40 ft. front yard requirement
provided under Zoning Code Section 100-244B.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on July 25, 2002, at which time
written and oral evidence was presented. Based upon all testimony, documentation, personal
inspection of the property and the area, and other evidence, the Zoning Board finds the following facts
to be true and relevant.
AREA VARIANCE RELIEF REQUESTED: Applicants were disapproved in their building permit
application to the Building Department to construct a new two-story dwelling with garage at 35 feet
from the front property line instead of 40 feet. (Ref. Amended April 3, 2002 survey prepared by
Joseph A. Ingegno,L.S.)
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and
personal inspections,the Board makes the following findings:
1. Grant of the area variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The relief requested is for only a five foot reduction
in the required front yard area, which will not have a negative impact on neighboring properties
2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to
pursue, other than an area variance. The applicant has positioned the residence closer to Gull Pond
Lane in order to comply with the Town Trustees permit, which requires a 50-foot wide non-
disturbance zone, and a minimum setback of 75 feet from the high water mark and tidal wetland
boundary. The environmental constraints of the property and conditions of permit approvals from
Page 2—July 25,2002
ZBA Appl.No. 5147-F.and D.Fragola
Parcel 354-8 at Greenport
other agencies, severely restrict the building envelope within which applicant can construct a new
dwelling.
3. The variance granted herein is not substantial and represents a 12.5 percent reduction in the code's
40-foot minimum front yard setback
4. The alleged difficulty has been self-created and is due to the applicant's desire to construct-a large
(2500 sq. ft.) dwelling on a lot that is restricted by environmental considerations.
5. No evidence has been submitted to suggest that the proposed additions will have an adverse impact
on physical or environmental conditions in the neighborhood. The applicant's proposed construction
was reviewed by the New York State Department of Environmental Conservation and the Southold
Town Trustees, both which issued permits for the project on March 22, 2002 and on November 7,
2002, respectively.
6. Grant of the requested variance is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a new single-family residence while preserving and protecting the
character of the neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing
test under New York Town Law 267-B, motion was offered by Member Tortora, seconded by
Chairman Goehringer, and duly carried,to
GRANT the Variance as applied for, in accordance with the survey prepared by Joseph A.
Ingegno, L.S., dated April 30,2001 last amended April 3,2002.
This action does not authorize or condone any current or future use, setback or other feature of the
subject property that may violate the Zoning Code, other than such uses, setbacks and other features
as are expressly addressed in this action.
VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER (CHAIRMAN), TORTORA,
HORNING, AND ORLANDO. (MEMBER O THIS RESOLUTION WAS
DULY ADOPTED (4-0).
GE
AIRMAN 7-31 02RECEIVED -BY
THE SOOID TOM4 CLEEK
L? 107,
. o
LEGAL NOTICE
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, JULY 25, 2002 PUBLIC HEARING
NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning),
Code of the Town of Southold, the following application will be heard by the SOUTHOLD TOWN
BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday,
July 25, 2002, at the time noted below (or as soon thereafter as possible):
6:45 pm Appl. No. 5147 - FRED AND DONNA FRAGOLA. This is a request for a Variance under
Section 100-244B, based on the Building Department's April 15, 2002 Notice of Disapproval to locate a
dwelling with a front yard setback at less than 40 feet. Location of Property: 1145 Gull Pond Lane,
Greenport; Parcel1000-35.-4-8.
The Board of Appeals will hear all persons, or their representatives, desiring to be heard at
each hearing, and/or desiring to submit written statements before the conclusion of each
hearing. Each hearing will not start earlier than designated above. Files are available for
review during regular Town Hall business days (between 8:00 a.m. and 3:00 p.m.). If you have
questions, please do not hesitate to call (631) 765-1809.
Dated: July 8, 2002.
Southold Town Board of Appeals
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
DATE: April 15, 2002
TO Donna and Fred Fragola
138 Oregon Avenue
Medford,NY 11763-3750
Please take notice that your application dated April 10, 2002
For permit to construct a new single family dwelling at
Location of property: 1145 Gull Pond Lane, Greenport,
County Tax Map No. 1000 - Section 35 Block 4 Lot 8
Is returned herewith and disapproved on the following grounds:
The proposed construction, on lot+/-27,228 square feet, is not permitted pursuant to Article XXIV
Section 100-244B which requires a front yard setback of 40 feet.
The proposed single family dwelling has a front yard setback of 35 feet.
The total lot coverage following the proposed construction is+/- 10 percent.
Authorized Signature
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
Cc: ZBA, File
TOWN OF SOUTHOLD WIMP - -IERMIT APPLICATION CHECKLIS''.
BUILDING DEPARTMENT L,,ou have or need the following,before applying'
''TOWN HA16L Board of Health
SOUTHOLD,NY 11971 3 sets of Building Plans
TEL: (631) 765-1802 Planning Board approval
FAX: (631) 765-9502 Survey
PERMIT NO. Check
Septic Form
N.Y.S.D.E.C,
Trustees
Examined ,20 Contact:
Approved 120 Mail to:
Disapproved a/c
Phone:
Expiration ,20 ;___ r_
r
-
1
Building Inspector '
APR ) 0 2002 '
APPLICATION FOR BUILDING PERM[
Date ' , 20
INSTRUCTIONS
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3
sets of plans, accurate plot plan to scale.Fee according to schedule.
b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or
areas, and waterways.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the
property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an
addition six months. Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances,building code,housing code,and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections.
(Signature of app 'cant or nam6f a corporation)
&axj )ae- lkiLdl
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder
Name of owner of premises6iU,(j
(As on the tdx roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No.��
Other Trade's License No.
1. Loca/ttpipn of land,,Qp which pr posed wo k will be done:
House Number Street Hamlet
County Tax Map No. 1000 Section Block V Lot d
Subdivision Filed Map No. Lot
(Name) f
d
2. State existing use and occupancy of premises and intended use and occu anc of pm
sed construction:
a. Existing use and occupancy ZAdAet7
b. Intended use and occupancy OL&ZJ '2)
3. Nature of work(check which applicable): New Building L'� Addition Alteration
Repair Removal Demolition Other Work
(Description)
n4. Estimated Cost c Z Fee
(To be paid on filing this application)
5. If dwelling, number of dwelling units Number of dwelling units on each floor
If garage, number of cars /
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front Rear — Depth ^'
Height Number of Stories -je
Dimensions of same structure with alterations or additions: Front -- Rear
Depth Height — Number of Stories
8. Dimensions of entire new construction: Front JD Rear Depth
Height &0 / Number of Stories >p
9. Size of lot: Front 1a Rear A' Depth
10. Date of Purchase- Name of Former Owner `1�iP7- I�� �',t UCh aCa-
11. Zone or use district in which premises are situated
12. Does proposed construction violate any zoning law, ordinance or regulation? YES +'NO
13. Will lot be re-graded? YES NO Will excess fill be removed from premises? YES NO
yy�� Aqf� > V
14.Names of Owner ofpremis�b�uvR ' Address/0119,69Qi� �° Phone IO�J'1 SJIo
Name of Architect Address Phone No
Name of Contractor Address Phone No.
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ✓NO
* IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITWAY BE REQUIRED.
b. Is this property within 300 feet of a tidal wetland? * YES V NO
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey, to scale,with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey.
STATE OF NEW YORK)
SS:
COUNTY OF 3-fF4
CDD,U,U4 fi�w� being duly sworn, deposes and says that(s)he is the applicant
(Name of individual signin6 contract)above named,
(S)He is the
(Con actor,Agent,Corporate Officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Sworn to before me this
l y day of 20 v a
D
Signature of Applicaij
Sharon Fogg
Notary Public, State of New YbA
Registration #01 FOKS9642
Qualffled In Suffolk County
My Commission Expires April 3, 20D6
r
AR 36)
For Office Use Only: Fee$ 9
Assi ned No.
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
DATE OF BUILDING INSPECTOR'S DECISION APPEALED: .. Ar. I S, zooZ�
r
...........
CKA
TO THE ZONING BOARD OF APPEALS: I (Wed00
i .e /,U• (Appellant)
4t ... (Tel.!!.
HEREBY APPEAL THE DECISION OF THE BUI DING INSPECTOR DATEDc2....
WHPEBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED... I0."1O.a FOR:
(VI Permit to Build
( ) Permit for Occupancy !
( ) Permit to Use
( ) Permit for As-Built
( ) Other: ,,// //��
1. Location of Prop erty.l�Tg..� w'..Arv_b . ..... 60at"J"Aa Zone
District 1000 Section.%3�....Block....Lot(s)..... ...........'_...Current Owner.4. .QHN9 eftt�0.4(4
2. Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection
and pars ryph of Zoning Ordnance by numbers. Do not quote the law.
ArticleXI, Section 100.aWS..Sub-Section iECEIVED
3. or:
pe of Appeal. Appeal is made herewith f
(Variance to the ZoningMAY 1 0 2002
Ordinance or Zoning Map
) A Variance due to lack of access as required by New York Town Law
Chap. 62, Cons. Laws Art, 16, Section 280-A. Southold Town Clerk
( ) Interpretation of Article .......... Section 100-
..................
( ) Reversal or Other: .........
. .............
4. Previous A I ppeal. A previous appeal (has) (has not en made with respect to this
property or with respect to this decision of the Bw ing nspector (Appeal #...... Year .......
REASONS FOR APPEAL (Additional sheets may be used with applicant's signature)
I
AREA VARIANCE REASONS: _
(1) An undesirable ..Lange will not be produced in the CHARACTER of the neighborhood
or a detriment to n rby properties, if granted, because:/�
_dt. AM I
7 O
(2) The b nefit sougrif by the applicant CANNOT be achieved by some method feasible
for the app icant to pursue, other thor} an area ariance, because
��dCIC���/N
JP
(3) The amount f relief re ��a.!sted is not substantial bcause:
.UOT
N��9h,barsv'ou�yis�a�S .6-0%9 L/ousi�7�,e/� �iVi
(4) The variance will NOT have an adverse effect or Impact on the physical or
environmental conditions in fry neighborhood or district because:
Has th �vh � in `"`• oN� �,gif�l#,, :een self-created?
,
Yes, or (11f No.
This is the MINIMUM that is n;,fi:•cessary and adequate, and at the same time preserve and
protect the character of tht neighborhood and the health, safety, and welfare of the
community.
( ) Check this box if USE VAMANCE STANDARDS are completed d ache
Sworn to before e this
(S gnature of p 'el ant or Aut ized Agent)
day of . ►,��,.•� 20oQ, (Agent must submit Author
ization from Owner)
n o
Notary Pubii
ZBA App 08/00 Sharon Fogg
Notary Public,State•of New,York
Registration#01 F0603,9,642
Qualrfied In Suffolk Co,unly
Icy Commission Expires April 3,,20p, '
AN ORIGINAL AND SIX COPY SETS OF YOUR INITIAL
APPLICATION AND ALL FUTURE DOCUMENT
SUBMISSIONS, INCLUDING A COVER LETTER, ARE
NECESSARY FOR A TOTAL OF SEVEN (7).
WE THANK YOU IN ADVANCE FOR YOUR
UNDERSTANDING.
Effective: September 2001.
7�h-18Q9 SOUTHOLD TOWN BOARD OF APPEALS
_ ,.'kf6x 765-9064)
INSTRUCTIONS
a FOR VARIANCE APPLICATIONS
Pl se submit the following, by mail or hand delivery:
NOTICE OF DISAPPROVAL from the Building Inspector dated within
the last 60 days, together with copies of permit application file.
IF YOUR PROJECT IS AMENDED TO REQUIRE NEW VARIANCES, it will be
necessary for you to apply for a new DISAPPROVAL based on the new
plan.
2. APPLICATION, typed or neatly written, signed by the property
owner and notarized, with information completed on the attached
form.
a. If applicant is not an owner, please furnish written consent for
You to sign and submit this application. If applicant is a
corporation, please disclose names of individual officers in the
corporation.
b. Please be prepared to address the standards of Town Law
applicable to your type of application. (Attached is a list of
"area variance standardst', "use variance standards.)
3_ If your project is other than a setback or lot line variance, please
complete the attached short ENVIRONMENTAL ASSESSMENT FORM.
4. Z.B.A. QUESTIONNAIRE to be completed and signed
5. Seven (7) sets of a sketch/building FLOOR PLAN with height of
new structure and location of entrance doors, if this is for new
construction.
6. Ori.K nal SURVEY and six duplicates showing all setbacks of e�sting
and proposed structures, patios, driveways, wetland areas, square
footage and dimensions of lot, dimensions of new construction,
fences, tanks, overhangs, chimneys, etc. (If your project involves
total lot coverage at more than 20% of the area of the lot, please
Provide lot size and size of all building square areas.
7. For NEW construction please FLAG outside corners for on-site
Inspections as early as possible. (*Photographs of flagged
construction areas to be suLmitted for the hearing (or before if
Possible). If wetlands are ;,I,-rby3 please give distance between
new proposed construction: 4earest wetland grass.
8.
Filir,ar fee CHECIr
TOWN CLERg , --. ible) payable to the "SOUTHOLD
(List Of i s: on the reverse of this sheet.
(Requests for refunds mj, ;,,ide prior to the advertised date.)
After the board morilbers Itavu 1•0viewed the application and calendared
Your application for f, public hearing, we will confirm the date, place
and time of the hearii�,- , and give instructions as to the notices to
surrounding owners.
4/2/97 (temporary short form) ! n
i t J0
To Applicants:
A receipt from the Building Departln'— -1rAffidavit from the applicant or his agent,
indicating service of a copy of
is necessary as i:, ,,.;i this A Application with the Building Department,
Part of the appeal fiiir� rocess as required under the provisions of
New Yolk Town Law. Please include ;_' receipt or affidavit when submitting your
appeal application to the Board of
Thank you.
TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STREET VILLAGE DIST. SUB.
v LOT,
a
FORMER OWNER N E
ACR.
3,2
�AYQ S,;f�u )—aL rf-Cff) TYPE OF BUILDING
4JA
RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value
LAND IMP. TOTAL DATEI REMARKS en
7,J-6 0 . 0
U
vial .
S -71qC4-LI 19(0,0 9:5& -Lu 6 -c-�) 40 kr6tcl
h
1 -00 17 Q (
14
AGE BUILDING CONDITION
NEW NORMAL BELOW ABOVE
FARM Acre Value Per Value
Acre
Tillable I
Tillable 2 •
Tillable 3
Woodland Zp
Swampland FRONTAGE ON WATER j n ti
Brushland FRONTAGE ON ROAD
L;/-a
1)d2A L 7
House Plot DEPTH -P,4 7a 1-
BULKHEAD
Total DOCK
- i SURVEY OF
LOT 12
MAP
FORDHAM�ACRES
MorQ_O s& SECTION ONE
1. otv A Y �t)2! DATUM No. 3419 FILED MARCH 7. 1962 +s`,
ERSUMa
( y S F• D
z. acme 10 FILED MAP MR TW Nab ADA.
SITUATED AT
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. so ALJGIJST 1S, 2001 REVISED PROP. N011SE LOGTiON
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' 4`
August 6, 2002
Mr. Gerald G. Newman, Chief Planner
Suffolk County Department of Planning
P. 0. Box 6100
Hauppauge, NY 11788-0099
Dear Mr. Newman:
Please find enclosed the following application with related documents for review
pursuant to Article XIV of the Suffolk County Administrative Code:
Appl. No. —5147 - Fragola
Action Requested: Accessory equipment building location
Within 500 feet of: ( ) State or County Road
( X ) Waterway (Bay, Sound or Estuary)
( ) Boundary of Existing or Proposed County, State, Federal land.
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
Gerard P. Goehringer, Chairman
By:
Enclosures
APPEALS BOARD MEMBERS
O�►� �'pG Southold Town Hall
Gerard P. Goehringer, Chairman =� y 53095 Main Road
Lydia A. Tortora y z P.O. Box 1179
George Horning _ • Southold,New York 11971-0959
Ruth D. Oliva ZBA Fax(631)765-9064
Vincent Orlando l �►a Telephone (631) 765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF JULY 25,2002
Appl.No. 5147-FRED and DONNA FRAGOLA
Property Location: 1145 Gull Pond Lane, Greenport CTM#35-4-8
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type II category of the
State's List of Actions, without an adverse effect on the environment if the project is implemented as
planned as a setback or lot line request.
PROPERTY FACTS/DESCRIPTION: The applicant's property is 27,227 sq. ft. in area, presently
vacant land, situated on the east side of Gull Pond Lane with 124 ft. of water frontage on Fordham
Canal, in Greenport. This property is referred to as Lot 12 on the Map of Fordham Acres, Section
One, filed March 7, 1962 in the Suffolk County Clerk's Office, with 102.44 ft. along Gull Pond Lane
and an average lot depth of 260+- feet (extending from the street into Fordham Canal) as shown on the
April 30, 2001 survey,last amended April 3,2002, by Joseph A.Ingegno,L.S.
BASIS OF APPLICATION: Building Department's April 15, 2002 Notice of Disapproval for the
reason that applicants' proposed dwelling will not meet the minimum 40 ft. front yard requirement
provided under Zoning Code Section 100-244B.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on July 25, 2002, at which time
written and oral evidence was presented. Based upon all testimony, documentation, personal
inspection of the property and the area, and other evidence, the Zoning Board finds the following facts
to be true and relevant.
AREA VARIANCE RELIEF REQUESTED: Applicants were disapproved in their building permit
application to the Building Department to construct a new two-story dwelling with garage at 35 feet
from the front property line instead of 40 feet. (Ref. Amended April 3, 2002 survey prepared by
Joseph A. Ingegno, L.S.)
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and
personal inspections,the Board makes the following findings:
1. Grant of the area variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The relief requested is for only a five foot reduction
in the required front yard area,which will not have a negative impact on neighboring properties
2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to
pursue, other than an area variance. The applicant has positioned the residence closer to Gull Pond
Lane in order to comply with the Town Trustees permit, which requires a 50-foot wide non-
disturbance zone, and a minimum setback of 75 feet from the high water mark and tidal wetland
boundary. The environmental constraints of the property and conditions of permit approvals from
Page 2—July 25,2002
ZBA Appl No. 5147-F.and D.Fragola
Parcel 35-4-8 at Greenport
other agencies, severely restrict the building envelope within which applicant can construct a new
dwelling.
3. The variance granted herein is not substantial and represents a 12.5 percent reduction in the code's
40-foot minimum front yard setback.
4. The alleged difficulty has been self-created and is due to the applicant's desire to construct a large
(2500 sq. ft.) dwelling on a lot that is restricted by environmental considerations.
5. No evidence has been submitted to suggest that the proposed additions will have an adverse impact
on physical or environmental conditions in the neighborhood. The applicant's proposed construction
was reviewed by the New York State Department of Environmental Conservation and the Southold
Town Trustees, both which issued permits for the project on March 22, 2002 and on November 7,
2002, respectively.
6. Grant of the requested variance is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a new single-family residence while preserving and protecting the
character of the neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing
test under New York Town Law 267-B, motion was offered by Member Tortora, seconded by
Chairman Goehringer, and duly carried,to
GRANT the Variance as applied for, in accordance with the survey prepared by Joseph A.
Ingegno,L.S., dated April 30,2001 last amended April 3,2002.
This action does not authorize or condone any current or future use, setback or other feature of the
subject property that may violate the Zoning Code, other than such uses, setbacks and other features
as are expressly addressed in this action.
VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER (CHAIRMAN), TORTORA,
HORNING, AND ORLANDO. (MEMBER O THIS RESOLUTION WAS
DULY ADOPTED (4-0).
GE
AIRMAN 7-31-02
APPEALS BOARD MEMBERS ®SQFF011r ,
_J �i► pG , Southold Town Hall
Gerard P. Goehringer, Chairman y� 53095 Main Road
Lydia A. Tortora CC% P.O. Box 1179
George Horning • Southold,New York 11971-0959
Ruth D. Oliva ZBA Fax(631)765-9064
Vincent Orlando col �►� Telephone(631)765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
August 1, 2002
Mr. and Mrs. Fred Fragola
138 Oregon Avenue
Medford, NY 11763
Re: Appl. No. 547 —Variance (Setback)
Dear Mr. and Mrs. Fragola:
Enclosed please find a copy of the Board's determination regarding your
variance application.
Please be sure to follow-up with the Building Department for the next step
in the zoning review/application process. Before commencing construction
activities, a building permit is necessary. An extra copy of this determination
should be made available to the Building Department at the time of submitting your
maps and any other required documentation for the next step in obtaining a
building permit.
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosure
Copy of Decision to.-
Building Department
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ELIZABETH A. NEiVILLE � Gy Town Hall, 53095 Main Road
TOWN CLERK ti � P.O. Box 1179
REGISTRAR OF VITAL STATISTICS IS Southold, New York 11971
MARRIAGE OFFICER Al ® Fax(631) 765-6145
RECORDS MANAGEMENT OFFICER ®1 ��® Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A.Neville
DATED: May 16, 2002
RE: Zoning Appeal No. 5147
Transmitted herewith is Zoning Appeals No. 5147—Donna Fragola-Zoning Board of Appeals
application for variance. Also included is a ZBA questionnaire, notice of disapproval, copy of
plans, SEQR form, copy of survey, copy of deed, Trustees decision and permit,NYSDEC
permit, and permit from the Department of the Army.
APPLICANT
TRANSACTIONAL DISCLOSURE PORN
The Town of Southold ' s Code of Ethics Prohibits conflicts of
interest on the part of town officers and employees The
purpose of this form is to provide information which can
alert the town of possible conflicts of interest and allow
it to take whatever action is necessary to avoid same .
YOUR NAME:
(Last n me , fir t name , middle initial , unless
you are applying in the name of someone else or
other entity , such as a company . If so , indicate
'the other person ' s or company ' s name . )
NATURE OF APPLICATION: ( Check all that apply . )
Tax grievance
Variance
Change of zone
Approval of plat
Exemption from plat or official map
OL-her
( If "Other, " name--the activity . ) i
Do you personally (or through your company, spouse, sibling,
parent, or child) have a relationship with any officer or
employee of the Town of Southold? "Relationship" includes
by blood, marriage, or business interest_ "Business
interest" means a business, including a partnership, in
which the town Officer or employee has even a partial
ownership of (or employment by) a corporation in which
the town officer or employee owns more than 5% of the
shares_
YES
NO
If you ansvered "YES, " complete the balance of this date and sign where indicated. form and
Name of person employed by the 'Town of Southold
Title o.r position of that person
Describe the relationship -between yourself ( the applicant and the town officer or employee . Either check the )
appropriate line A) through D) and/or describe in the space
provided .
The town officer or employee or his or her spouse , sibting,
parent , or child is ( check a]_1 that apply ) :
A) the owner of greater than 5% of the shares of the
corporate stock of the applicant ( when the applicant;
is a corporation ) ;
B) the legal or beneficial owner of any interest in a
noncorporate entity ( when the applicant is not a
corporation ) ;
C) an officer , director , parL-ner, or employee or the
applicant; or
D) the actual applicant .
DESCRIPTION OF RELATIONSHIP
Submitted this day W
Si nature
P r i nL n 0i(//1//1 L
o •
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Sep4rate sheet Mz6y be attached. }
B. Is the subject premises listed on the real estate market for
salr being shown to prospective buyers? { } Yes
- - --- { } Ko. (If Yes, please attach copy of "conditions" of sale. )
C. Are there ,�ny proposals to change or alter land contours?
{ } Yes { MO
D. 1. Are there any areas which contain wetland grasses? 1\66
2. Are the wetland areas shown on the map submitted with
this application?
3 . Is the prope_r-ty buLEheaded be een the wetlands area and �
the upland building area?
4. If your property contains wetlands or pond areas, have
YOU contacted the office of the To T_r-usrees for its
determina'�ibn of jurisdiction?
E. - Is here a depression or sloping el ation near the area of
proposed cotes ruction at or below five feet above mean sea
level? /\ 0 (If net applicable, state
F. Are there any patios, concrete barriers, bulkheads or fences
which exist and cire not shown on the survey map that you are
submitting? � If none exist, please state "none. "
G. Do you have any canstr?aSle-1pl-Salate.
an taking place at this time
concerning your premises? If yes, please submit a copy
Of your building permit ans approved by the Building
Department. If none, pi
H. Do you o= any co-owner also own other land close to this
parcel? If yes, please
of deeds.of where or submit copies
I. Please list present use ra floes conducted at this
parcel _proposed use and
Au rized
giELt=e Date --
3/87, I.0/901k
'' «xw•r.•o.Rr....-.+'s?'y; ?4'.'.},x•�5`,'4'"" tmfvs;`r?f??!j!„'°,e@
.xt^+• _n.,.,.,,,,.,,,�r..,..rrvr,+,!r+..,....�`" ,^`,:�7t'i ..� :5. 'S
'7r2 4'Bedroomse � { e a•
Mea:..._2,327 sq f L
�inuLevel 1.676 sq. ft. :�'�, � ::� •,�• �':
�.851_ _
Upper Level ft-
--- sq -
wictttt ...... ._ ._._. .. ..._.55 �` ;
Depth r .___.__-�——— ,^ ■■.. ( a ��
=out Optkw=Slab,Basement -
.i ' - ' ' -�,,�...... •..� - _,Y
3LLJEP'R1NT PRICE COE ._«._..—F
i "^ •-. s r "�-,•.,4;:ems, b ti
':•�•�*-`�"-- ;�- •",,.::-.,'�}c,"a'....Fa'•. i',s'"'�.-,�r =moo. r,�ct�,
:is"&Z4
C®lumns and arches add elegance to the
entry porch and to the passages connecting the foyer,
dinlno, room_ and
great-room.I gave the master suite two walk-in closets and its own French
doors to the rear veranda. —Dan F. Sater II
studyibr veranda
la'o" 11'-t" 26*o"x lo'rF" master
y'�"�R, L 13'o"
nook{ 9'•4"cl$'
apt.desk Lo'x IT
closet
optioel t
.i. allt• i
II �
r ; g eat room ,
11 Of "z IT-O"M. i
kit M 9'-1"ft
'a 1.3'
utility a
— arch
— balcony
toyer
dining _ O
1114" x11'6"
garage 9.-4"�, _ br. 2 br. 3
t O
Lx'-ro"�il'al" lo'-o"
O
a S'dig
clg.
entry porch r
— �— attic m
n'• computer laftl I
built ins hIMIL
br. l
Ll'S"x 14'-1" open to
royer
g' c1g. bcfmr
wdw.
scut
14-164(2(87)—Text 12
PROJECT 1.0.NUMBER
_ 617.21
endix C S
State Enviroental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I—PROJECT INFORMATION (To be completed by Applicant or Project Sponsor)
1" APPL(CANTISPONSOR
��/,n 2. PROJECT NAME
-1. PROJECT LOCATION: M/T
Municipality
4. PRECISE LOCATION(Sire, address and road inleraectlon County
s promtn n(landmarks etc.,or provtde maul
5. IS FROP0. ACTION:
ew ❑Exoanslon
6. DESCRIBE PROJECT BRIEFLY: C]Modlflcatlonlalteratlon
I ,
7. AMOUNT OF LAND AFFErt
Initially
— _T_. .. acres Ultimately
E. WILL P POSED ACTION 4C"'('°.Y acres
WITH EXISTING ZONING OR OTHER F�CISTING Y13 LO F'❑ to +,. :scribe briefly LAND USE RESTRICTIONS7
9. WHAT PRESENT LAND , VICINITY OF PROJECT?
Resldantlal ❑(nc•�;-.j,jt
Describe ❑commercla( ❑A9rlcutture P r❑ arWForesVOpan space G Other
10. DOES ACTION INVOLVE A PERI,',r APPROVAL,OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERA
STATE Oyu LOCAu7
Yas C3 No If yns,Ilst agency(s)and permtVaoproyals
11. C ANY ASPECT
OF THE N::TI.;V HAVE A CURRENTLY VAUO PERMIT OR APPROVAL?
Yea �N�
It yes Itat a9tncy name and
aannd Permit/approval
kll
Ez
12. AS A RESULT OF p '�"""
POSE(s a,;(ION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
❑Yes No
1 CERTIFY 1+•AT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
ADDlicantls
p nsor
Oa t e
- P! the action Is in the Coastal Area, and you - - �
Coastal Assessmept Form before rocoe are
a state agency, c'ompl' Me
P ding with this assessmentt
OVER
1
Town afSosttd
PC1Cc hOijk-A)r wi awe
§ 100-274. Fees. [Amended 2-11-1990 by L.L. No. 29-1990; 11-24-1992 by L.L. No.
30-1992]
Applications to the Board of Appeals for any relief herein shall be accompanied by a fee as
hereinafter provided
A. For applications involving fences, accessory structures or accessory buildings, alterations or
additions containing si; two hundred (200) square feet in floor area, the fee shall be one
hundred fifty do rs ($150.)
B For all other applica ons, including those involving commercial property, containing a single
request [for example, an application requesting one (1) variance or an application requesting a
special exception], the fee shall be four hundred dollars ($400 ), except that the fee for a
special exception for a bed-and-breakfast shall be two hundred fifty dollars ($250 ). [Amended
2-7-1995 by L.L. No. 3-1995]
C- For applications containing more than one (1) request, such as an application requesting an
area variance and a width variance, the fee shall be six hundred dollars ($600.).
D. For applications for interpretations on appeal from an order, decision or determination of an
administrative officer, the fee shall be two hundred dollars ($200.) for each section of the
Town Code for which an interpretation is requested
E. For applications for variances from Town Law § 280-a (rights-of-way), the fee shall be two
hundred fifty dollars ($250.).
F. For applications for rehearings, the fee shall be the same as the fee charged for the original
application
G- For applications for public entertainment and special events per the fee shall be fifty
dollars ($50 ). [Added 029-1994 by L.L. No. 26-1994]
1
J�
ast
sst STATE OF NEW VORK, COUNtYi OF
�;. STATE OF titgW VQRK, COUNTY OF 19 , before me
On the day of , before me on
came
oI personally came
0 be
described in and who
.o me know
n to be the individual described in and who to executed known
the t egoi hg Instrument,1 and acknowledged that
executed the foregoing instrument, and acknowledged that ex executed the same.
executed the same.
' !Rt
Sst STATE OF NEW VORK, COUNTV OF
STATE OF NEW VORK, COUNTY OF day of
d 19 , before me
19 Y a , before me On the
On the Y of personally came
personally came g me duty
th
whom I am personally acquainted, who,
at No. Y
to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, ��+
say that ' he resides at No. sworn, did depose and say that i A
that he is the that he knows
Of , the corporation described to be the individual
in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed described inand ub subscribing uwitness, was gpresent oing sad saw
to said instrument is sup!' corporate seal; that it execute the same; and that he, said witness,
affixed by order tsf the board of directors of said corpora-
tion and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto.
t •,�
• 1 ,
i
�ieitgairo anb �AIe �etb SECTION
WI'Iti COVENANT AGAINST•GRAN IOR'S ACTS FLOCK
TITLE NO. LOT
' COUNTY Ott TOWN
TO Recorded At Request of
First Atnetican Title Insutsnce company of New Votk
RETURN By MAIL To:
UNDERWRITERS A.
STANDARD FORM 01 NEW TORR BOARD 01 TiTIE
�I,�Kf_�D ✓o4f1�1 a,✓�
Distributed by
First American-Title Insurance Company liy�v
of New York �A tti a �t 6- N y Zip He.
0
f!t
Standard N.Y.R.T.U.Form 8002• rgain and Sale Deed, with Covenant against Grantor's Ac lividual or Corporation(single heet) �
%RGr82
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
THIS INDEN'I day of /�r�'i t' , nin6teen hundred and rJe w ory - l�/�✓�
VRE,made the 7
BETWEEN Gertrude Koch aka Lubrich
4909 S.E. 131 Street
Belleview, Florida 34420
1
party of the first part, and
. , L,•,
DonnaA Fragola
138 Oregon Avenue
Medford, New York 11763
party of the second part, ideration of Ten
WITNEMETH,that the party of the first part,I grant ns and release untoDthe party of the second part,rs and other valuable consideration
heirs
paid by the party of tl a second pa hereby
or successors and assigns of the party of the second part forever, improvements thereon ®rested, situate,
ALL that Certain plot, piece or parcel of land, with the buildings and
lying and being inthe part of Lot , No, 12 on a map entitled, PMap of Fordham
TownAdres, ' Section 11 - at Greenport,; 1961 of SOOttooWo Van fTuyl andfolk Son,
New;-York" ,' surveyed November 6,' 1961 , by,
Licensed Land Surveyor, and filed- in ,the Office oastMapCNork3519 he
county of Suffolk on the 7th day bounded March,
andgdescribed as follows :
Said portion of Lot No. 12 being
point on the easterly side of Gull Pond Lane, distant
BEGINNING at a p the easterly side of Gull Pond
1058.32 feet South, as measured along
Lane, the corner formed by the intsidersection of f the easterly side
of Gull Pond Lane and the southerly
RUNNING THENCE North 60 degrees 54 minutes 30 seconds East, 255.04
feet;
East, 46- 10 feet;
THENCE North 82 degrees 36 minutes 50 seconds East, 78 .32 feet;
THENCE South 25 degrees 08 minutes 40 seconds
` THENCE South 60 degrees 00 minutes 00 seconds West, 267 .89 feet
to the easterly side of Gull Pond Lane;
THENCE along said Road,
N 00 minutes 00 seconds West,
102.44 fe6 to the point degrees
place BEGINNINGo
ats
if
arty of
he first
TOGCTIIL'R with all right, titleb an emiseseto,the center lines es thereof; TOGETHER with the appurtenances
roads abutting the abovart in and to a y stre
e described pid to said premises;
and all rile a penises berg nts of the grai red untoy of the first part in ai
the party f the second part, tthe hei sor s cceesso s and as gns of
}TOLD the p _
the party of the second part forever.
AND the party of tie first pat covenants that the party of the first pat has not done or suffered anything
whereby the said premises have been encumbered in any way whatever, except as aforesaid.
AND the party o(theia
,ve the cons derationafor this nce iconveyance and on 13 of twill {of le Uen Law,
e�right�tonrecets ive Lt suchpconsid-
-the first part will recei of
eration as a trust iundato, of tile lie first cost ofthe emprove+nent before using se of paying the the , tanytpart of the total of the same for
the same first to the pens
any other purpose.
The word 'partyar shall be construed as if it read "parties" whenever the sense of this indenture so requires,
part has duly executed this deed the day and year first above
IN WITNESS WHEREOF,the party of the first
written. � _ t •� I A-
IN PRESENCE OF: ns �' (�vV�'►�
GERTRU KOCH aka LUBRICH)
WITNESS C'
x
State of New York, County of Suffolk ss. :
on the �_ day of x3 I , I9`1�, before me came
kcbar-r- __{(e , to me known to be the attorney-in-fact
of .4r-r4 the individual described in and
who by his/her said attorney in fact executed the * foregoing
instrument, and duly acknowledged begore me that he/she executed
the same as the act and deed of e`Z.,k therein
described, -and for the purpose therein mentioned, by virtue of a ,
power of attorney duly executed by the said L,.hn'���+ ► i c�rf7 k C 1L:
and to be recorded in the Suffolk County Clerk's office
simultaneously herewith.
6
EUZASETH A. MARTINEZ
Notary Public.State of New York
No.4716913
Qualified in Suffolk County _57-07M
Commission Expires June 30. 1�� `
L'
Albert J.Krupski,President SUFfV(� 'lown.Mall
James King,Vice-President ��� CQ 53095 Route 25
G
He Smith � y P.O.Box 1179
Southold,New York 11971-0959,
Artie Foster ti
Ken Poliwoda • Telephone(631)765-1892 �
Fax(631) 765-1366
Y
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
November 27,2001
Mr.Rob Herrmann
En-Consultants,Inc.
1320 Nortjh Sea Road
Southampton,NY 11968
RE: Donna Fragola
1145 Gull Pond Lane
Greenport,NY
Dear Mr.Herrmann:
The following action was taken by the Board of Town Trustees during a Regular Meeting,held
on November 20, 2001,regarding the above matter.
WHEREAS,En-Consultants,Ina on behalf of DONNA FRAGOLA applied'to the Southold
Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of
Southold, application dated August 30,2001
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
November 20, 2001 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 structure complies with the standard set forth in Chapter 97-18 of the Southold
Town Code.
WHEREAS, the Board has determined that the project as proposed will not affect the health,
w 2
Safety and general welfare of the people of the town,
`v
! NOW THEREFORE BE IT.
RESOLVED, that the Board of Trustees approved the application of Donna Fragota for a
Wetland Permit to construct a two-story one family dwelling with attached garage and p6rch,
install a pervious driveway, sanitary system, drywells, and public water service,and establish a
50' non-disturbance/non fertilization buffer adjacent to the approved high water line/tidal
wetland boundary. Construct approximately 112 linear feet of vinyl plastic retaining wall and 5
linear feet ofstone rip-rap dredge irregularly shaped area to a maximum depth of 4'ALW and
use approximately 75 cubic yards of dredged spill for backfill Construct a timber dock,
consisting of a 4'xl7' fixed catwalk, 3'xl4' ramp,and 6'x20' float to be secured by(2) 8"
diameter pilings. All work to be undertaken in accordance with new project plan indicating the
undisturbed area and the driveway to the south. reference plan dated 10/26/01 & -survey
dated 12/5/01
BE IT FURTHER RESOLVED that this determination 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.
Permit to construct project will expire two years from the date it is signed. Fees must be paid, if
applicable and permit issued within six months of the date of the notification.
Fee must be paid, if applicable and permit issued within six months of the date of this
notification.
Two inspections are required and the Trustees are to be notified when project is started and on
completion of said project.
.FEES:NONE
r -
Very truly yours,
Albert I Krupski, Jr.
President, Board of Trustees
AMcjc
cc: Building Department
DEC
Dept. of State
Army Corp.
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mp tm=x 30 pnoa MP P= u in* MR ur 's so 'poasotlsns =saq mom'asP 30 IIoPs�oT afi aI ;
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SNOWC3NOJ Pu" SM31
F
Board Of Southold Town Trustees _x
SOUTHOLD, NEW YORK
Nov. 20, 2001
+, PERMIT NO. ... . DATE: ............. .... .............. Aw
1
ISSUED TO En-Consultants,°
�ONNA'_FRAC.O'L_
Pursuant to the provisions of Chapter 615 of the Laws of
the State of New York, 1893; and Chapter 404 of the Laws of the
State of New York 1952, and the Southold Town Ordinance en-
titled ."REGULATING AND THE PLACING OF OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC LANDS and the
�t REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM
LANDS UNDER TOWN WATERS;'-'. and in. accordance with the
- November 20,
/ ►.
Resolution of The Board adopted at a meeting held on .....................
_..
400.1_....., and 'in consideration of the sum of $....2flfl.:flfl....... paid by :•
- a ZnnC.onsultants.,...Znc.................... . .................................................
_..-..._....__:......__...
of _..auth,ampt=.,.........._......... . .1� N® Y. and subject toe
Terms and Conditions listed on the reverse side hereof,
_of Southold Town Trustees authorizes and permits the followimV,-
Wetland Pertint to construct a two-story one family dwelling with attached garage and porch, J
- install a penzous-driveway,sancta.-y system,drywells,and public water service,and establish a
f 50'non-disturbance,non fertilization buffer adjacent to the approved hcgb water linc/tidai
' r wetland boundary: Construct approximately 112 linear feet of vinyl plastic tetaininv_%Wl and 5
liaeat feet ofsteue•rip-tap dredge irregularly shaped area to a maximum depth ofh'ALIV and
use approximately 75 cubic yards of dredged spill for backfill Cersttrct a tincber fil6c, w
consisting of a 4'x IT fixed Catwalk,3°e 14'ramp,and,Cr x20"float to be secured by(1)F" �
diameter piling.^.. A,1 work to be uudertakrn in accordauce-.;IF rlew pmiect plan.medicating,he \
undisturbed area and the driveway to the south- reference plan dated 10i 2t,/01 s survey ¢
/ d 1215101 t dae y
1 ,ram -T�rp�,.✓� rt"l—IGl[L�.JT�, t ne saw Board of Trustees fwere� c
bye causes. its. Corporate Seal to be affixed, and these presents to
be subsc'bed by a majority of the said Board as of this dafe. �
Trustees s
YrA � +a....�..�-Rr Y� � _ -Yd"�t tire• �: [//'
J
TERMS and CONDMONS
01
The prItr
"""dimes at 1145 G1311 LonrT T anP CYPPTTIIYt N. Y, aS
parr of the consideration for the issvanCe of the Pew does uade=Lnd and prambe to the fol-
lowing:
L That the said Board of Trustees and the Town of Southold are released from any and
all damages, or claims far damages, of suits arising directly ae indirextl,y as IN result of any open
atioa perfo=ked purmant to this permit; and the said Pezmiooee will, ac his or her own egsmse,
defend any and all such mits•initiaced by third parties, and the said Peszaitaee assumes full,laabMV
with respect thereto, to the a mplete =dusion of the Board of Truscees of the Town of Soenhold
Z That this Permit is valid for a period of__IL_ moan which b considered to be the
estimated time-requited to complete the work involved, but iboald dreunjstances waraan; request
for an extension may be made to the Board at a lawx dam
3. Thar this Permit should be wined indefinitely, or as Iong as the said Permittee wishes
to maintain the structure or project involved, to provide evidence to anyone concerned that aath-
Iorizadon was originally obtained.4. -That the work involved will be subject to the inspection and approval of the Board or
its agents, and non-COmplianae with.the provisions of the originating application,may be cause for
revocation of this Permit by resolution of the said Board.
5. That:there will be no unreasonable interference with navigation as a result of the work
herein agdotaed.
That there shall be no int ederesut with the right of the public to pass and repass-91=9
the beach between high and low water mats,
7. That if future operations of the Town: of Southold require the,removal. and/or altered=
is the loran of the-work herein andiorked, or W, in the opinion of the Boatel of Trusaees, the.
work shall. cruse unreasonable obstruenoa to free navigation, the said Pere: ee will be repaired,
upon due notice, to resnove or alter this work or project herein stated without eaqet m to the Town
of Southold.
That the said Board will be notified by the Permitree or the completion.of the wok anth
orked,
9. That the Permittee will obtain all other permits and consena that my be required sap-
pleroental to this pexmit which may be subject to revoke upon failure to obtain same.
SOUTHOLD TRUSTEES
No:
Issued T ate A �
Address'. ) 14C (',..lc dmd ' (%% .aw,a.404w, two v
THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION
TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD
SOUTHOLD, N.Y. 11971
TEL.! 765-1892
/ I
New York State Department of Environmental Conservation
Division of Environmental Permits
.Rm 121, Building 40-SUNY
Stony Brook, New York 11790-2356
'Telephone (631) 444-0365
Facsimile (631) 444-0360
Erin M. Crotty
Commissioner
March 22, 2002
Donna Fragola
138 Oregon Avenue
Medford,NY 11763
RE: Permit# 1-4738-02924/00001
Dear Permittee:
In conformance with the requirements of the State Uniform Procedures Act(Article
70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your
permit. Please read all conditions carefully. If you are unable to comply with any conditions,
please contact us at the above address.
Also enclosed is a permit sign which is to be conspicuously posted at the project site
and protected from the weather.
Very truly yours,
L4
Matthew R. Penski
Encon Program Aide
MRP
Enclosure
NEW Y_:__ STATE DEPARTMENT OF ENVIRONMENTAL �_Q SERVATION
DEC PERMIT NUMBER EFFECTIVE DATE
1-4738-02924/00001 March 22, 2002
FACILITY/PROGRAM NUMBER(S) P E RM I T EXPIRATION DATE(S)
Under the Environmental
Conservation Law March 21, 2007
TYPE OF PERMIT ■ New ❑ Renewal ❑ Modification ❑ Permit to Construct ❑ Permit to Operate
I _
I
■ Article 15, Title 5: Pro- ■ 6NYCRR 608: Water Quality ❑ Article 27, Title 7;
tection of Waters Certification 6NYCRR 360: Solid
Waste Management
❑ Article 15, Title 15: ❑ Article 17, Titles 7, 8:
Water SPDES ❑ Article 27, Title 9;
Supply I 6NYCRR 373: Hazard-
❑• Article 19: Air Pollution ous Waste Management
❑ Article 15, Title IS: Control
Water Transport ❑ Article 34: Coastal Ero-
❑ Article 23, Title 27: sion
❑ Article 15, Title IS: Mined Land Reclama- Management
Long tion
Island Wells ❑ Article 36: Floodplain
❑ Article 24: Freshwater Management
❑ Article 15, Title 27: Wetlands k
Wild, / ❑ Articles 1, 3, 17, 19,
Scenic and Recreational ■ Article'25: Tidal Wetlands 27, 37; 6NYCRR 380:
Rivers Radiation Control
PERMIT ISSUED TO TELEPHONE NUMBER
Donna Fragola (631) 654-3565
ADDRESS OF PERMITTEE
138 Oregon Avenue, Medford NY 11763
CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER
En-Consultants, Inc., 1329 North Sea Road, Southampton NY 11968 (631) 283-6360
NAME AND ADDRESS OF PROJECT/FACILITY
Fragola Property, 1145 Gull Pond Lane, Greenport NY
LOCATION OF PROJECT/FACILITY
SCTM # 1000-35-4-8
COUNTY TOWN WATERCOURSE NYTM COORDINATES
Suffolk Southold Fordham Canal E:722.2 N:4555.0
Description of Authorized Activity
Construct a two story single family dwelling, garage, porch, sanitary system, pervious driveway,
public water, and drywells. Construct a 112 foot long vinyl retaining wall, place 50 to 2001b stone,
install a catwalk, ramp„ and float, and dredge an approximate 20 foot by 60 foot area to 4 feet below
apparent low water with resultant 75 cubic yards of material to be used as backfill. All work shall
be performed in accordance with the attached plans stamped NYSDEC approved on 3/19/02.
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict
compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2 & 3)
and any Special Conditions included as part of this permit.
PERMIT ADMINISTRATOR: DRE S
Bldg. 440, SUNY, Stony Brook, NY 11790-2356
Jo island (MRP)
A SIGN�tTURE DATE
Page 1 of 5
March 22, 2002
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification
The permittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the
State of New York,its representatives,employees,and agents("DEC")for all claims,suits,actions,and damages,to the
extent attributable to the permittee's undertaking of activities or operation and maintenance of the facility or facilities
authorized by the permit in compliance or non compliance with the terms and conditions of the permit. This
indemnification does not extend to any claims,suits,actions,or damages to the extent attributable to DEC's own negligent
acts.
Item B: Permittee's Contractors to Comply with Permit
The permittee is responsible for informing its independent contractors, employees, agents and assigns of their
responsibility to complywith this permit,including all special conditions while acting as the permittee's agentwith respect
to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental
Conservation Law as those prescribed for the permittee.
Item C: Permittee Responsible for Obtaining Other Required Permits
The permittee is responsible for obtaining any other permits,approvals,lands,easements and rights-of-way that may
be required to carry out the activities that are authorized by this permit.
Item D: No Right to Trespass or Interfere with Riparian Rights
This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights
of others in order to perform the permitted work nor does it authorize the impairment of any rights,title,or interest in real
or personal property held or vested in a person not a party to the permit.
GENERAL CONDITIONS
General Condition 1: Facility Inspection by the Department
The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by
an authorized representative of the Department of Environmental Conservation (the Department)to determine whether
the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant
to ECL 71-0301 and SAPA 401(3).
The permittee shall provide a person to accompany the Department's representative during an inspection to the permit
area when requested by the Department.
A copy of this permit, including all referenced maps,drawings and special conditions,must be available for inspection
by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a
Department representative:is a violation of this permit.
General Condition 2: Relationship of this Permit to Other Department Orders and Determinations
Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any
order or determination previously issued by the Department or any of the terms, conditions or requirements contained
in such order or determination.
General Condition 3: Applications for Permit Renewals or Modifications
The permittee mustsubmita separate written application to the Department for renewal,modification ortransferof this
permit. Such application must include any forms or supplemental information the Department requires. Any renewal,
modification or transfer granted by the Department must be in writing.
The permittee must submit a renewal application at least:
a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous
Waste Management,Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management
Facilities (SWMF); and
b) 30 days before expiration of all other permit types.
Submission of applications for permit renewal or modification are to be submitted to:
NYSDEC Regional Permit Administrator, Region 1, SUNY Bldg#40, Stony Brook NY 11790-2356
General Condition 4: Permit Modifications,Suspensions and Revocations by the Department
The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621.
The grounds for modification, suspension or revocation include:
a) materially false or inaccurate statements in the permit application or supporting papers;
b) failure by the permittee to comply with any terms or conditions of the permit;
c) exceeding the scope of the project as described in the permit application;
d) newly discovered material information or a material change in environmental conditions, relevant technology
or applicable law or regulations since the issuance of the existing permit;
e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the
Environmental Conservation Law or regulations of the Department related to the permitted activity.
DEC PERMIT NUMBER PAGE 2 OF 5
1-4738-02924/00001
r NI 0RK STATE DEPARTMENT OF ENVIRONMENTAL COS VATION
ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5),24,25, 34 AND 6NYCRR PART 608
(TIDAL WETLANDS )
1. If future operations by the State of New York require an alteration in the position of the structure or work herein
authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable
obstruction to the free navigation of said waters or flood flows or endanger the health, safety,or welfare of the
people of the State,or cause loss or destruction of the natural resources of the State,the owner may be ordered
bythe Departmentto remove oralterthe structural work,obstructions,orhazards 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 completed,the owners,shall,without expense to
the State,and to such extentand in such time and manneras the Department of Environmental Conservation may
require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the
navigable and flood capacity of the,watercourse. No claim shall be made against the State of New York on
account of any such,removal or alteration.
2. The State of New York shall in no case be liable for any damage or injury to the structure-or work herein
authorized which may be caused by or result from future operations undertaken by the State for the conservation
or improvement of navigation,orfor other purposes,and no claim or right to compensation shall accrue from any
such damage.
3. Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission,
consent or approval from the U.S.Army Corps of Engineers,U.S.Coast Guard, New York State Office of General
Services or local government which may be required.
4. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended
solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other
environmentally deleterious materials associated with the project.
5. Any material dredged in the conduct of the work herein permitted shall be removed evenly,without leaving large
refuse piles,ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause
damage to navigable channels or to the banks of a waterway.
6. There shall be no unreasonable interference with navigation by the work herein authorized.
7. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the
applicant shall,without expense to the State,and to such extent and in such time and manner as the Department
of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and
restore the site to its former condition. No,claim shall be made against the State of New York on account of any
such removal or alteration.
8. If granted under 6NYCRR Part 608,the NYS Department of Environmental Conservation hereby certifies that the
subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302,
303, 306 and 307 of the Clean Water Act of 1977(PL 95-217) provided that all of the conditions listed herein are
met.
9. At least 48 hours prior to commencement of the project,the permittee and contractor shall sign and return the top
portion of the enclosed notification form certifying that they are fully aware of and understand all terms and
conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be
signed and returned, along with photographs of the completed work and, if required, a survey.
10. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the
applicant or his agent as part of the permit application.
Such approved plans were prepared by Joseph A. Inaeono last revised 12/5/01 (sheet 1 of 3) and
En-Consultants. Inc. last revised on 3/14102 (sheets 2 and 3 of 3) .
D 1-4738-02924/00001 EC PERMIT NUMBER PAGE 3 OF 5
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
1. To protect the values of the tidal wetlands, a permanent vegetated buffer zone shall be established. There shall
be no disturbance to the natural vegetation or topography within an area extending 50 linear feet landward of the tidal
wetland boundary.
2. A row of staked hay bales or approvable erosion control devices shall be placed at the landward edge of the buffer
area or 50 linear feet from the tidal wetland boundary, or as per NYSDEC approved plan, at commencement of
regulated activities and remain in place until project is completed and all disturbed areas stabilized with vegetation.
3. Roof runoff shall be directed to drywells a minimum of 75 linear feet landward of the tidal wetland boundary for
immediate on-site recharge.
4. Sanitary system (bottom of tank and leaching pools) shall be located a minimum of 2' above seasonal high
groundwater.
5. The storage of construction equipment and materials shall be confined to within the project work site and or upland
areas greater than 75 linear feet from the tidal wetland boundary.
6. Driveways and parking areas shall be constructed of pervious material.
7. All fill shall consist of"clean"sand, gravel, or soil (not asphalt, flyash, broken concrete or demolition debris).
8. All areas of soil disturbance resulting from this project shall be stabilized immediately following project completion
or prior to permit expiration,whichever comes first. The approved methodologies are as follows:
a. Stabilization of the entire disturbed area with appropriate vegetation (non-fertilizer/ non-pesticide dependent
grasses, etc.)
9. If seeding is impracticable due to the time of year,a temporary mulch must be applied and final seeding performed
at the earliest opportunity when weather conditions favor germination and growth,but not more than six months after
project completion.
10. All peripheral berms, cofferdams, rock revetments, seawalls, gabions, bulkheads etc. shall be completed prior
to placement of any fill material behind such structures.
11. All-dredged material shall be disposed on an approved upland site and be retained so as to riot re-enter any water
body, tidal wetland or protected buffer area.
12. During the dredging operation, the permittee and his contractor shall prevent spillage of sediment during
excavation and haulage. Dredging shall be accomplished with a clam shell or other closed "bucket"equipment.
13. Excavated sediments shall be placed directly into the approved disposal site or conveyance vehicle. No
sidecasting (double dipping)or temporary storage of dredge material is authorized.
14. No dredging shall occur within 12 linear feet of the seaward edge of the line of apparent low water.
15. Dredging is prohibited from June 1 -September 30 of each year to protect spawning shellfish and/or spawning
frnfish.
16. Dock or timber catwalk shall not exceed 4 feet in width and shall be a minimum of 3Y2 feet above grade*over tidal
wetland areas ("as measured from ground to bottom of dock sheathing).
17. No permanent structures may be installed on dock/catwalk/flcat without first obtaining written Department
approval (permit, modification, or amendment).
D 1-4738-02924100001 EC PERMIT NUMBER PAGE 4 OF 5
"a
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
18. Docks/catwalks/floats may not (a) extend laterally beyond property lines, (b) be placed so that docked boats,;
extend over adjacent property line, (c) interfere with navigation, (d) interfere with other landowners riparian rights.
19. Floats and ramps may not rest on or be stored in any vegetated tidal wetland.
20. The use of wood treated with pentachlorophenol in the construction of structures that will be in contact with tidal
waters is strictly prohibited.
21. All fill must be graded to match the elevation of the land immediately adjacent to the bulkhead.
22. During construction,concrete or leachate shall not escape or be discharged, nor shall washings from transit mix
trucks,mixers, or other devices enter tidal wetlands and or protected buffer areas.
23. Any debris or excess material from construction of this project shall be completely removed from the adjacent area
(upland) and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands and.or
protected buffer areas.
24. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted
activity.
25. The permittee shall incorporate the following language as a notice covenant to the deed:
"Regulated tidal wetlands associated with Fordham Canal are located at 1145 Gull Pond Lane, County Tax Map
Number:District 1000,Section 35,Block 4,Lot 8,otherwise known as the properties of Donna Fragola and her heirs,
assigns,or successors. This property is subject to the provisions of New York State Environmental Conservation Law
(ECL)Article 25 or its successor, and the conduct of regulated activities may occur only pursuant to ECL Article 25
if prior approval is given by the New York State Department of Environmental Conservation (NYSDEC) or its
successor. Regulated activities include, but are not limited to the erection of any structure(s); excavation; dredging
grading and filling; clearing of vegetation; and application of chemicals."
This deed covenant shall,be recorded with the Clerk of Suffolk County within 90 days of the issuance of this permit.
A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit,
shall be sentwithin one calendaryear of the issuance of this permit to:NYSDEC,Regional Manager,Bureau of Marine
Habitat Protection, SUNY Building 40, Stony Brook, New York 11790-2356.
DEC PERMIT NUMBER PAGE 5 OF 5
1-4738-02924/00001
9&20-1(e/e-n-9d
New York State
.Department of Environmental Conservation
NOTICE
:The Department of Environmental Conservation (DEC) has issued
permit(s) pursuant to the Environmental Conservation Law
for work being conducted at this site. For further information
regarding the nature and extent of work approved and any
Departmental ' conditions on it, contact the Regional Permit
Administrator listed below. Please refer to the permit number
shown when contacting the DEC.
00? �� O DO� Regional Permit Administrator
Permit Number
Expiration Date - 3 /c)-,5- c2 D ® JOHN W. PAVA.G/ C-
NOTE: This notice Is NOT a permit
1
DEPARTMENT OF THE ARMY
• NEW YORK DISTRICT, CORPS OF ENGINEERS
JACOB K.JAVITS FEDERAL BUILDING
NEW YORK,N.Y.10278-0090 •i;
REPLY TO March 22, 2002
ATTENTION OF.
Eastern Permits Section
SUBJECT: Department of the Army Permit Number 2001-01247
Donna Fragola
c/o En-Consultants, Inc.
1329 North Sea Road
Southampton, New York 11968-2015
Dear Ms. Fragola:
We have completed our review of Application Number 2001-
01247-L2 .
Pursuant to Section 10 of the Rivers and Harbors Act of 1899
(33 USC 403) , you are hereby authorized by the Secretary of the
Army:
ACTIVITY: Construct a pier assembly consisting of a 4' by
17' fixed timber pier, a 3' by 14' hinged ramp,
and a 6' by 20 ' float, secured by two (2) 8"
diameter pilings. Dredge approximately 75 cubic
yards of sediment to a depth of 4 feet below the
plane of mean low water and placed upland, behind
an existing bulkhead, with no return flow. All
work shall be performed in accordance with the
attached drawings which are hereby made part of-
this permit.
i -
WATERWAY: Fordham Canal, Shelter Island Sound
LOCATION: Greenport, Town of Southold, Suffolk County, NY
The activity authorized herein must be completed within
three years of the date of this permit . This authorization is
subject to the enclosed conditions . Please find enclosed two
forms to be used to submit to this office, as required, the dates
of commencement and completion for the authorized activity. Also
enclosed for your information is a Notification of Administrative
Appeal Options .
The authorized activity must be performed in accordance with
the enclosed plans. If any material changes in the location or
plans of the ;subject work are found necessary, revised plans
should be submitted to the District Engineer. These plans must
receive the approval required by law before work begins.
Notice is hereby given that the permittee should recognize
that a possibility exists that the structures permitted herein
may be subject to wavewash from passing vessels. The issuance of
this permit does not relieve the permittee from taking all proper
steps to insure the integrity of the structures permitted herein
and the safety of boats moored thereto from damage by wavewash
and the permittee shall not hold the United States liable for any
such damage,.
If anyquestions should arise concerning this matter, please
contact Mary Ann Miller, of my staff, at (212) 264-6730 .
y Sincerely,
4-'For and in behalf of"
John 3. O'Dowd
Colonel, U.S. -Army
District Engineer
Enclosures
l
i
2
•NOTIEFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR AY'MA I`
Applicant: Donna Fragola File Number. 2001-0I247 Date: March 22,2002
Attached is: See Section Below
X INITIAL PROFFERED PERMIT (Standard Permit or Letter of Permission) A
PROFFERED PERMIT (Standard Permit or Letter of Permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
ECTIObT 1 The fotiowing identifies your*hts and option®arding an..administrative appeal.of the,above decision. Additionab
hifbil tation,may be found at iyttp:#isac amiy:Fndfrctesffunctionsfcw ceewotneg or Corps•regulations.at 33•CFK.Pmt 331
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit -
• ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the New York District
Engineer for final authorization. If you received a Letter of Permission(LOP), you may accept the LOP and your work is
authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,
and waive all rights to appeal the permit, including its terns and conditions,and approved jurisdictional determinations (JD)
associated with the permit.
• OBJECT: If you object to the permit(Standard or LOP) because of certain terms and conditions therein,you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the New-York District
Engineer. Your objections must be received by the New York District Engineer within 60 days of the date of this notice, or you
will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the New York District Engineer will
evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some
of your objections,or(c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections,the New York District Engineer will send you a proffered permit for your reconsideration, as
indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit. '
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the New York District
Engineer for final authorization. If you received a Letter of Permission(LOP), you may accept the LOP and your work is
authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,
and waive all rights to appeal the permit, including its terms and conditions,and approved jurisdictional determinations
associated with the permit.
APPEAL: If you choose to decline the proffered permit(Standard or LOP).because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the North Atlantic Division Engineer, ATTN: CENAD-ET-O, Fort Hamilton Military Community,
Building 301, General Lee Avenue,Brooklyn,NY 11252-6700. This form must be received by the Division Engineer within 60
days of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the North Atlantic Division Engineer, ATM: CENAD-ET-O, Fort
Hamilton Military Community,Building 301, General Lee Avenue, Brooklyn,NY 11252-6700. This form must be received by the
Division Engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the.approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be
received by the North Atlantic Division Engineer within 60 days of the date of this notice with a copy furnished to the New
York District Engineer.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary
JD. The Preliminary JD is not appealable. If you wish,you may request an approved JD(which may be appealed), by contacting
the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to
reevaluate the JD.
z
SECTION 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INTHAL PROFFERED PERDUT'
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION:The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and-any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. ,However,
you may provide additional information to clarify the location of information that is already in the administrative record.
POINT"OF CONTACT FOR. QUESTIONS OR:INFORMATION:
If you have questions regarding this decision and/or the appeal process If you only have questions regarding the appeal process
you may contact: you may also contact:
Richard L. Tomer James W.Haggerty, Regulatory Appeals Review Officer
U.S.Army Corps of Engineers,New York District North Atlantic Division,U.S. Army Engineer Division
Jacob K. Javits Federal Building Fort Hamilton Military Community
New York, NY 10278-0090 General Lee Avenue,Building 301
(212) 264-9053 or 3996 Brooklyn,NY 11252-6700
(718) 765-7150
E-mail: James.W.Haggerty@nad02.usace.army.miI
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15
day notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number.
Signature of appellant or agent.
DEPARTMENT OF THE ARMY
NEW YORK DISTRICT, CORPS OF ENGINEERS
JACOB K.JAVITS FEDERAL BUILDING
J NEW YORK,N.Y.10278-0090
REPLY TO
ATTENTION OF:
CENAN-OP-RH
MPORTANT
'This letter must be completed and mailed to the Harbor Supervision & Compliance
Section at the above address prior to commencement of any work authorized under the
permit-
Permittee: Donna Fracgola Permit No. 2001-01247
Date Permit Issued: March 22, 2002 Expiration Date: March 22, 2005
Waterway: Fordham Canal, Shelter Island Sound
City a State: Village of GreenAort, Town of Southold, Suffolk County, New York
Work will commence on or about:
Name, Address a Telephone Number of Contractor:
SigdYture of Permittee Date
Fold this form into thirds, with the bottom third facing outward. Tape it together
and mail to the address below or FAX to (212) 264-4260_
Place Stamp
Here
Department of the Army
New York District Corps of Engineers
Jacob K. Javits Federal Building
ATTN: CENAN-OP-RH
New York, New York 10278-0090
DEPARTMENT OF THE ARMY
NEW YORK DISTRICT, CORPS OF ENGINEERS
JACOB K.JAVITS FEDERAL BUILDING
- � NEW YORK,N.Y.10278-0090
:j
REPLY TO
ATTENTION OF:
CENAN-OP-RH
IMPORTANT
This letter must be completed and mailed.to the Harbor Supervision & Compliance
Section at the above address following completion or cancellation of work authorized
under the permit.
Permittee: Donna Fracrola Permit No. 2001-01247
'Date Permit Issued: March 22, 2002 Expiration Date: March 22, 2005
Waterway: Fordham Canal, Shelter Island Sound
City & State: Villacre of Greenoort, Town of Southold, Suffolk County, New York
Check and complete applicable item(s) listed below:
Work was completed on
Work will not be performed on the project.
Deviation from work authorized in permit is explained below.
Other (explain)
For dredging projects, list the volume of material dredged, and the
amount placed at each disposal location (if more than one) .
cubic yards placed at
cubic yards placed at
cubic yards placed at
Si ture of Permit ee Date
l
Fold this form into thirds, with the bottom third facing outward. Tape it together
and mail to the address below or FAX to (212) 264-4260
Place Stamp
Here
Department of the Army
New York District Corps of Engineers
Jacob K. Javits Federal Building
ATTN: CENAN-OP-RH
New York, New York 10278-0090
PERMITTER: Donna Fragola
PERMIT NO. : 2001-01247
PERMIT CONDITIONS:
NOTE: The term "you" and its derivatives, as used in this permit
means the permittee or any future transferee. The term "this office"
refers to the appropriate district or division office of the Corps of
engineers having jurisdiction over the permitted activity or - - - - - ---- -
appropriate official of that office acting under the authority of -the — -- -
commanding officer.
GENERAL CONDITIONS:
1_ The time limit for completing the work authorized ends within
three years of the date of this permit. If you find that you need
more time to complete the authorized activity, submit your request for
a time extension to this office for consideration at least four months
before the date is reached. -
2 . You must maintain the activity authorized by this permit in good
condition and in conformance with the terms and conditions of this
permit. You are not relieved of this requirement if you abandon the
permitted activity, although you may make a good faith transfer to a
third party upon written notification to this office. Should you wish
to cease to maintain the authorized activity or should you desire to
abandon it without a -good faith transfer, you must obtain a
modification of this permit from this office, which may require
restoration of the area.
3 . If you discover any previously unknown historic or archeological-
remains while accomplishing the activity authorized by this permit,
you must immediately notify this office of what you have. found. We •_
will initiate the Federal and state coordination required to determine
if the remains warrant a recovery effort or if the site is eligible
for listing in the National Register of Historic Places.
4. You must allow representatives from this office to inspect the
authorized activity at any time deemed necessary to ensure that it is
being or has been accomplished in accordance with the terms and
conditions of your permit.--
Special Conditions:
(A) The permittee understands and agrees that, if future
operations by the United States require the removal, relocation, or
other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his authorized
representative, said structure or work shall cause unreasonable
obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of
Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States. No
claim shall be made against the United States on account of any such
removal or alteration.
3
PERMITrEE: Donna Fragola
PERMIT NO. : 2001-01247.
(B) To protect water quality and Essential Fish Habitat,
dredging shall,be performed at low tide to reduce turbidity and use of
a dragline to dredge is prohibited.
Further Information:
1. Limits of authorization.
a. This permit does not obviate the need to obtain other
Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive
privileges. - --
c. This permit does not authorize any injury to the property or
rights of others.
d. This permit does not authorize interference with any existing
or proposed Federal project.
2. Limits to Federal Liability. In issuing this permit, the Federal
Government does not assume any liability for the following:
a. Damages to the permitted project or- uses thereof as a result
of other permitted or unpermitted activities or from natural
- causes-
b. Damages to the permitted project or uses thereof as result of
current or, future activities undertaken by or on behalf of the
United States in the public interest_
c_ Damages to persons, property, or to other permitted or
unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the
permitted work. - --- --- - _ — - --- - ---
e. Damage claims associated with any future modification,
suspension, or revocation of this permit.
3 . Reliance on'Applicant's Data: The determination,of this office
that issuance of this permit is not contrary to the public interest
was made in reliance on the information you provided.
4. Reevaluation of Permit Decision: This office may reevaluate its
decision on this permit at any time the circumstances warrant.
Circumstances that could,require a reevaluation include, but are not
limited to, the following:
a. You fail to comply with the terms and conditions of the
permit.
4
PERMITTER: Donna Fragola
PERMIT NO. : 2001-01247
b. The information provided by you in support of your permit
application proves to have been false, incomplete, or inaccurate
(See 3 above) .
c. Significant new, information surfaces which this office did
- not -consider in reaching the original public interest decision. --
Such a reevaluation may result in a determination that it is
appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures
such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an
administrative order requiring you to comply with the terms and
conditions of your permit and for the initiation of legal action
where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to
comply with such directive, this office may in certain situations.
(such as those specified in 33 CFR 209 .170) accomplish the
corrective measures by contract or otherwise and bill you for the
cost.
S . Extensions_ General condition 1 establishes a time limit for the
completion of the activity authorized by this permit. Unless there
are circumstances requiring either a prompt completion of the
authorized activity or a reevaluation of the public interest decision,
the Corps will normally give favorable consideration to a request for
an -extension of this time limit. - -- _
5
. , FORM NO. 3
TOWN OF SOUTHOLD 'APRrliu
67BUILDING DEPARTMENTL--__
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
DATE: April 15, 2002
TO Donna and Fred Fragola
13 8 Oregon Avenue
Medford,NY 11763-3750
Please take notice that your application dated April 10, 2002
For permit to construct a new single family dwelling at
Location of property: 1145 Gull Pond Lane, Greenport,
County Tax Map No. 1000 - Section 35 Block 4 Lot 8
Is returned herewith and disapproved on the following grounds:
The proposed construction, on lot+/- 27,228 square feet, is not permitted pursuant to Article XXIV
Section 100-244B which requires a front yard setback of 40 feet.
The proposed single family dwelling has a front yard setback of 35 feet.
The total lot coverage following the proposed construction is apercent
Authorized Signature
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
Cc: ZBA, File
7 TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STREET/ q � VILLAGE DIST. SUB.V"
L)o -)n4 n )a- 6?v 11106 A Q/ 4all'k?-4
FORMER OWNER N EI ACR.
S W TYPE OF BUILDING
/IVA
DES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value
ND IMP. TOTAL DATE REMARKS
; 14146 T-L2) 4-4
1 7 00 fll* ;?4 /6 7
.1 1
4
2-oo
AGE BUILDING CONDITION
NEW NORMAL BELOW ABOVE
FARM Acre Value Per Value
-Acre
Till I
Tillable 2
Tillable 3
vVoodlond 20
3wampl9nd FRONTAGE ON WATER
3rushlanag, FRONTAGE ON ROAD L
-louse Plot DEPTH 61 -3 d I
BULKHEAD
rota I DOCK
l;
_ ,� *•• SURVEY OF
� - '� - � � LOT 12
�
' MAP OF
` FORDHAM ACRES
25) '• ELEVATIONS ARE RATIONS A D TO SHOWN THI t(►2Y DATUM SECTION ONE
y EJ03'fM6 QEVAt10195 AM SNo1MN TlIU4
(S g 2. REFER TO FILED NAP FOR TEST HOLE DATA. FILE No. 3519 FILED MARCH 7, 1962
3. MIN" SEP71C TANK CAPACRIIEG FOR A t TO 4 BEDROOM HOUSE IS 1,200 GALLON& SITUATED AT
1 TANK: B' DIA., 4 LIQUID DEPTH
4. MWWM LEACHING SYSTEM FOR A 1 TO 4 BEDROOM HOUSE IS 300 tq If SIOEWALL ARrA- GREENPORT
6 POOLS; 2' DEEP, 6' LPk1.
�, �OPOGED MANSION POOL TOWN OF SOUTHOLD
�, (a PROPOSED Pool SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000-35-04-08
T'- SCALE 1"=40'
16. o°RiOPO D sEPrlc T""K APRIIpLp�30R,�2$0�p01N �g
S THE LACATIOH OF WELLS AND CESSPDQLS.SHOWN-HEREON ARE FROM F1ElD ' O" E JULY 7,J2001 SAY LATH FOR D.E C�INSPECTION
OBSERVATIONS AND/OR DATA OBTAPNED'FRdPI 071IER5. 1t+0 N 82•S6 5+ AUGUST 15, 2001 REVISED PROP. HOUSE LOCATION
tL UPLAND AREA c 2o.42s x9 ft. 46.10 AucuST 27. 2001 ADDED 50' BUFFER
PROPOSED Wt;M AREA . 2,FLOOD 47s IIQ tt�(.�ELOR )12 147E OP uP1AN0 AREA "'S4f SEPTEMBER 25 2001 ADDED 1 00 gql. SAC TANK
7. THIS PROPERTY
RiS11RAl�E� RLTE YIIP 1 36t03C0t7[I G C � ' DECEMBEA 5, 2001 REA PROP. HOUSE
a, ZONE AE. BW FLOW a&AnON5 DEmanED Q� T) APRIL 3, 2002 REVISED PROP. HOUSE
B. NO ADDITIONAL FILL WILL BE NEEDED.
� t O � AREA = 27,227.64 sq. fi.
(Pip. 0.625 ac.
s�269 i°e p'F ��p915114 �*-A"Als� 8�
�� G',qNLID � to �'v-
TEST HOLE DATA
(TEST HOLE AS SHOWN ON PREVIOUS SURVEY))
asv.ar f 3 i ted S' WIDE NON `j.
SrU
a.1710M1 inw a I � 9
k"
OWNa,at„swo sc s OO. 60•y<k5 LpT
at IIWIIN ammm CLAY OL
am.to
a aL aamr ac CERTIFIED T0:
IIIY6Y M tN10N1 oIATEY sA1D>x .'a , ,
CAI• - FRED FRAGOLADONNA FRAGOLA
UM LN LAAu noLNL ea1E
`C • r G 1
To rmeAv am sv
.�.- - 1• .�1 WITH THE I mum
AS ESIABUSIIED
ADOPItD
c��� !�?� 4� O'� � /•� ! 1 �- sTATE 1AND
PROPOSED SEPTIC SYSTEM DETAIL ` `� ��u• 0.00 �;
HousE (nor TO scALe)
FIN
ISHED GRADE 1WEV�l a GRADE *am u
N1V. "'-1 t1. 4•diL . �MIN.TOP b. B1' S1CCLEAN
Y P APPRO4ED ;
r PC 1Pt• min PITCH t/•/t ?
T COLLAR ,h.
f
EL N.Y.ScNo. 4.96687.1 EL
70THIS SURM ALTION
�MATIM OR OF
• M&72eV THE IEN� YORK STATE
—'— O � BCR.EL 4.6• GROUND WATER i COPIES OF THIS MAP NDI'Bfl1fWNG
Jose h A. Ingegno
ETEV. 1.W THE LAID RiED SEAL OR
SEP-RC TANK (1) ,°�W�,�CDC D Land Surveyor
CHING POOLS (6)POOLS (6) coLr�trwTtDLs worwTEo L�Eou sww RUN
1.IN1lG1 SELal TALK A 1 ro 4®EORWM HOTS£S 1AW GAIIDIB. OFlLY 1D TIE P171�N FOR WHOY THE 1 TAM B LOIe•1•�a'_DEEP 1.MRIMNI LFACHNG s15DIt FOR A 1 ro 4 6FDROWI HOUSE 15 3a0 p R SWEYALL AIiFJI 6 PREPIFRED,AND dt H6=m 7►E
EY
2 COtNiE7E SHALL HAVE A NI1iN111 I>af �D1E11GIT1 OF D,ODD 1>r AT 20 DAYS• a POOL$2'Om.tl ao. TITLE CONP/@1fr.ODVER[tAEMAL AGENCY AND Title Surveys — Subdmions — Sde PkIns — COnstrUCNon Layout
S WALL 7Il,1oESs SHQL A EWbAM OF.s'.A 1OP 1lerJOEs4 tIF e'AND A 8a[IUM THpoUF3B OF 4'. 2.LEM M Pools ARE TO OE 0016LR11CIkD aF RDIiDRC�CONCIETE(OR EnIMI.J I�ETDOPG L„i 011. _
All rMLE•A eD1ig1 AND 7+OP 9WL COMOWI RDNFORpIG 7C fl66r ALL APPIED FT'NCE Oi!00 pe. LEK "81farlCitN�S,lxNo IxTYES Mq!!oR SaA +. LtJSleia PHONE (631)727-2090 Fax (631)727-1727
4.ALL.IONIS SHALL a ZiFw}ED TtOQ THE TNi4 B tW,7FRIgIG a ALL CUM 91ALL ICE-PRIOST REt1ia�. (OR l�{W 1 TUIION.t RT�1CATId15 ARE NOT TRANSFERABLE
S ONTHE MINIEFIIC LANK 91ALL E RSOICal AT LEYEL N ALL O/ItBCUpHS LMRI A MAX.TOLERANCE OF f1/47 4.A IV mfn OWAN E O MIE@! PDOUS AW qq�1!E 9WL�LWN�TA�L��� THE E OF ID(IFPT � WAYS
ON A MINIM THICK 6FD OF I ft INK
SAND US PIX SHALL
BE a AN 11'nra IxSOY1oE RETMEflI All tf.M!!R!o POOL'L Alb S6�LIC TNtlC E PO EASEMENTS RIGHT
RE F WASD. OMCES LOCATED AT MA(UNG ADDRESS
e.A IV ein ObTAIICE tEiWEEN 59+IIC nL1K AND HdlSE S1WL tE lwaowFn. AH
ANY, NOT SHONNP ARE NOT GUARANTEED. 1380 ROANOKE AVENUE P.O. Box 1931
RNEAHEAD, Ntw York 11901 Rl"doal, New Yak 11901-OM
ELIZA"TH A. NEVILLE,TOWN CLERK
Town of Southold
" Southold, New York 11971
Phone: 631-765-1800
PERMIT/RECEIPT #5147
Fragola, Donna
1145 Gull Pond Ln
Greenport, NY 11944
Received $ 150.00 for Permits - Application Fees on 05/13/2002.
Thank you. It has been our pleasure to serve you.
Town Of Southold -'
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 05/13/02 Receipt#: 1975
Transaction(s): Subtotal
1 Application Fees $150.00
Cash#: 1975 Total Paid: $150.00
Name: Fragola, Donna
1145 Gull Pond Ln
Greenport, NY 11944
Clerk ID: LINDAC Internal ID:54543
s ,\
COUNTY OF SUFFOLK ( _..
AUG 2 0 r'
ROBERT J. GAFFNEY �-
SUFFOLK COUNTY EXECUTIVE
THOMAS ISLES, AICP
DEPARTMENT OF PLANNING DIRECTOR OF PLANNING
August 14, 2002
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code,
the following application(s)submitted to the Suffolk County Planning Commission is/are considered
to be a matter for local determination as there appears to be no significant county-wide or
inter-community impact(s). A decision of local determination should not be construed as either an
approval or a disapproval.
Applicant(s) Municipal File Number(s)
Martens and Murray 5098
Nextel 5127
Brush 5138
Carvelli 5139
Araneo 5141
Fragala 5147
Very truly yours,
Thomas Isles
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:cc
G\CCHORNY\ZONING\ZONING\WORKING\LD2002 JAN\AUG\SD5098 AUG
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG -4TH FLOOR ■ P O BOX 6 100 ■ (5 1 6) 653-5 190
t 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 786-0099 TELECOPIER(5 1 6) 853-4044
V7
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLDAEW YORK
-----------------—-------------------------------------x
In the Matter of the Application of
AFFIDAVIT
1)6N NA "-b Fre-b @9q609 OF SIGN
(Name of Applicant) POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- 3 s - 14 - g
COUNTY OF SUFFOLK)
STATE OF�NEW YORK)
6&14 residing at 04EV 6N
rvE-b , New York, being duly sworn, depose and say that:
On the /1 1 day of �J—(t Ly , 200), 1 personally placed the
Town's official Poster, with the date of hearing and nature of my application
noted thereon, securely upon my property, located ten (10) feet or closer from
the street or right-of-way (driveway entrance) -facing the street or facing each
street or right-of-way entrance;* and that
I hereby confirm that the Poster has remain I e fo even days
prior to the date of the subject hearing date, w ' he d was sho n to be
Sig ture)
Sworn to before me this
<2AW of 200a?.
Sharon Fogg
Notary Public, State of Ne�rwYori
Registration�#01 F06�039�6�42
d o— lilie-d In Suffolk County
(Notary Public) my Commission Expires April 3, 20p
*near the entrance r driveway entrance of my property, as the area most visible
o passers Y.
JUL--26-2002 FRI 09: 13 AM LOWELL CONTRACTING FAX NO, 16314471775 P. 01
i -C Z=�o
v
A
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD:NEW YORK
-------------------- - -------------------x
In the Matter of the Application of
AFFIDAVIT
b�y OF SIGN
(Name of Applicant) -- POSTING
Regarding posting of Sign upon
Applicant's land Identified as
1 000- 3 S - q - 8
----------- - -x
COUNTY OF SUFFOt_K)
STATE OF NEW YORK)
I, rr-t-b relC16LA residing at `3 Qli?�f -
�Yi e,01�-f) �- , New York, being duly sworn, depose aild say that:
On the day of i-o tq , 200.2, [ personally placed the
Town's official Poster, with the date of hearing and nature of my application
noted thereon, securely upon my property, located ten (1 0) feet or closer from
the street or right-cf-way (driveway entrance) - facing the street or facing each
street or right-of--way entrance;*and that
I hereby confirm that the Poster has remain I e fo even days
prior to the date of the subject hearing date, w he d was sho n to be
r
ig tore)
Sworn to before me this
60 ay of .//y , 200�?. �.--
. el Y Sharon F-099
Notary Pubs+o, Stale of NeNY York
`7i-r _ Registration#aiF0603`, 42
.pl:alif ed In Surfie:k County
(Notary Public) p'y CormmIssion Expires Apnl 3,20D
*near the entrance r driveway entrance of my property, as the area most visible
o ssers y.
■ Complete items 1,2,and 3.Also Complete A E3.eceived by(Please Print Clearly) B. ate f De ery
item 4 if Restricted Delivery is desired. ✓��� 3
■ Print your name and address on the reverse
so that we can return the card to you. gn tur
■ Attach this card to the back of the madpiece, gent
or on the front if space permits. dressee
D. Is very address different from item 1? s
1. Article Addressed to. If YES,enter delivery address below.
XNo
d
/ E3OCertified Mad ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mad ❑C O D.
4. Restricted Delivery?(Extra Fee)_ ❑Yes
2. Article Number
7202, 0462 2201 1548 0600
(Transfer,from service label)---------------
PS Form 38,1*1, March 21]01 Domestic Return Receipt 102595-01-M-1424
IS W 6t i ;i ti i4 Si
UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
LISPS
Permit No.G-10
• Sender: Please print your name, address, and-ZIP+4 in this box •
dNitJ/�
/j
} 111111111111111 It1111111111111111fill 1111,111111111111111111111
e u- e rrhif»�r>ir:f6Y.93.�7cU71rems.7y>.►gy_r
■ Complete items 1,2,and 3.Also complete A Receive as mt Clearly) B. Date of Delivery
Z Item 4 if Restricted Delivery is desired. 7 r/
■ Print your name and address on the reverse
so that we can return the card to you. Signature
■ Attach this card to the back of the mailpiece, X ❑Agent
or on the front if space permits. = ❑Addressee
1 Arti le Addressed to D. Is delivery address different from item 1? ❑Yes
If YES,enter delivery address below ❑ No
JTf-
(� 6
3 SSerwic Type
LCertified Mail El Express Mad
❑ Registered ❑ Return Receipt for Merchandise
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2 Article Number r. 7002, 04,60 0001 15;4& 0-594! ;:: ., ! i(Transfer from service label a c i I ,
PS Form 3811, March 2001 ; Domestic Return Receipt 102595-01-M-1424
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UNITED STATES POSTAL SERVIC<aND =Firsf-Class Mail
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❑Agent
■ Attach this card to the back of the mailplece, X ,
or on the front if space permits. �&,6em ❑Addressee
D. Is delivery address different from item 19 ❑Yes
1. Article Addressed too.. If Y S,enter dmOery address below: ❑ No
3, Serve Type
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4. Restricted Delivery (Extra Fee) ❑Yes
2 Article Number I — -- -
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(Transfer from service la,T' _
PS Form 3811,March 2001 Domestic Return Receipt 102595-01-M-1424
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UNITED STATES POSTAL SERVIQE`r h4f3--, First=Cla§sN1ail_ _
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2 Article Number 7002 0460- 0001 1548 0570
(Transfer from service lam - -
PS,Form 38,1 1,,.March 2001 Domestic Return Receipt — ---- 102595-01-M-1424
UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
LISPS
Permit No.G-10
• Sender: Please print your name, address, and ZIP+4 in this box •r
1-5f
�� l
OFFICE OF
ZONING BOARD OF APPEALS `t
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
'�✓� �—'"" pail: Linda.Kowalski(a�Town.Southold.ny.us or
Q�'� 67z1 Paula.QuintierKD-Town.Southold.ny.us
103 fax (631) 765-9064
Ju , 2002
A-1�
Re: Chapter 58 - Public Notice for Thursday, July 25, 2002 Hearing - a,501112--
Dear Sir or Madam: Qom/.a*7
Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will
be published in.the next issue of the Suffolk Times.
Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your
application and hearing must be now mailed with a map or sketch showing the construction area or
variance being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, with the - survey showing the new construction area, or details of
your request, by Saturday, July 13"' to all owners of land (vacant or improved) surrounding yours,
including land across any street or right-of-way that borders your property. Use the current
addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or-
the County Real Property Office in Riverhead. If you know of another address for a neighbor, you
may-want to send the-notice to that address as well.
When picking up the sign, a $15 check will be requested for each poster (or metal stand if
needed) as a deposit. Please post the Town's official poster/sign no later than Thursday, July
181h. Securely place the sign on your property facing the street, no more than 10 feet from the front
property line bordering the street. (If you border more than one street or roadway, an extra sign is
available for the additional front yard.) The sign(s) must remain in place for at least seven (7)
days, and should remain posted through the day of the hearing. If you need a replacement poster
board, please contact us.
By July'17th;-please either mail,or deliver- to our-office your Affidavit of Mailing,(forrn enclosed)
with parcel numbers, noted for each,,and return it with the white,ieceipts postmarked by the.Post,
Office. The-original,Affidavit is due not later- than-the,date of, the-hearing. Also, when the green
signature cards are--returned to you by the Post Office, please mail or deliver them to us before the
hearing' if possible. If any signature card is not returned, please advise the Board at the hearing.
These will be kept in the permanent record as proof of all Notices.
By July 24th, after the signs have been in place for seven (7) days, please submit your signed
Affidavit of Posting to our office.
If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for
your cooperation. V
Very truly yours,
Enclosures Zonin Appeals and Staff-)
P.S. Please pick up the poster sign between July 10�h and 16 betwe n�82o 1:30-3. jMank you.
OEM
M _
Co Postage $ 0.37 1�I \ 3
O
Certified Fee ? Q �O
Return Receipt Fee 1.7 U, ti ti o err
O (Endorsement Required)
re
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p (Endorsement Required)
0 Total Postage&Fees $ 4.42
Sent To-
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,i 911
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD.NEW YORK
------------------------------------------------------x
In the Matter of the Application of
AFFIDAVIT
� lSR lit l/� fhv4) ae6 OF
(Name of Applicants) - MAILINGS
CTM Parcel #1000- -35
---------------------------------------x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
i
I�aom A L r -46('14 residing at 01-t-q6,U Ate,
I
t4e-.,�6 , Newyork, being duly sworn, depose and say that:
On the �� day of %..7&L , 200,'), 1 personally mailed at the
United States Post Office in I VLb a , New York, by CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal
Notice in prepaid envelopes addressed to current owners shown the current
assessment roll verified from the official_ records on file with the (t4 Assessors, or
( ) County Real Property Office for every
property which abuts and is across a public or private street, or v hicular right-of-
way of record, surrounding the appli is property.
(Signature)
Sw rn to before me this
ay of 1y , 200-9, Sharon Fogg
Notary Public, State of MerwYork
o Registration#01 F06,039,6,42
P Qualified In Suffolk County
(Nota ry May Commission Expires April 3, M6
PLEASE lis qd
fthis Affidavit or on a sheet of paper, the lot numbers
next to the er names and addresses for which notices were mailed. Thank
you.
for �a -
Cad. r Orll�.,L.ro c/ • /J'V /19�I
July 12, 2002
Zoning Board Of Appeals
53095 Main Road
P.O. Box 1179
Southold, N.Y. 11971-0959
Re: Application No. 5147
Fred and Donna Fragola
1145 Gull Pond Lane
Greenport: Parcel 1000-35.4-8
Dear Sir or Madam:
Please be informed that on July 12, 2002 I,Donna L. Fragola, verified with the Assessors
Office the neighboring lot owners. Martha in the Town Assessors Office was unable to
locate (3) lot owners of the (5) selected by the board. I spoke with Paula at the Zoning
Board Of Appeals and she advised me to notify you by letter that I would be unable to
send out notices to those (3) lots.
Sincerely,
Donna L. Fragola
yIElL 1VQTIC !7,
nsot T"HdtD dwrlF;,•' ,; STATE OF NEW Y
t T�ItJIi S Yau �25;'2062
`'< ' l`11tti3:iC: Atiiily _ ; - COUN OFASFFOLK)
�iyvNO��ICEisItEREB7(;GIVEN;•pur`t / ���,���Of Mattituck, in said
anf to s 'ion 267;of the.Town:-Law-
-=' 'et,
' i pfeat�101)(opi ,krC6de;,q cli •� county, being duly swom, says that he/she is Principal
=Gown,Op$outliold'the folldwi'ng applr-
C,4tfons,i will be-,heard-';,--6 •1Q' clerk of THE SUFFOLK TIMES,a weekly newspaper,pub-
4`sbl i'THoI�n' Town:''130,A',0 '-_ lished at Mattituck, in the Town of Southold, County of
-•••APP�EA,L'S��at�;'tJie„ own?Ha1l �53095
hlatnRoad;'Soutli¢id;Ne,*,Yorkj1471,1 Suffolk and State of New York,and that the Notice of which
on Thuisdiy;,iTuly*25; t20& ttie'times, has been regularly pub
-
notedf;pelow;;('ori as;,'sgsAhe tfiee after;%a s, the annexed is a printed copy,
"'possithe "' lished in said Newspaper once each week
i rrG,30 prm;;, for I weeks successively, commencing
`ROBi RT•B'A�iD MARYY[1NN SKOB-
LIGICIi Tl%i'sa?is•a-requgs L6f— a Special• On the �� day
""i X'cept►on uniler,,,cg4jQ,-Sec onJ'_100==1' 2��'�
31B(14)[cef:`,100-301314)to ape;ate ant Of
.accessory Bed.anI Br ealffastriiici6en7di
•-to,their"owheishtp and•residence m=therr-
existing dwel�tng.'Applicants;piopose-a-
maximum''of-R$i :(3�$'-& B guest•• Principal Clerk
rooAna :..ram z. �r• r
ms,. foi`up to°siz guests. On=stte�
parldttg;is,p[oposed,for,.aimitiimuiniof l l
five�(5)vehicles.-Location of Property Sworn to before me this
2110 Oaklawn Avenue,Southold;Parcel "
1o00;�o.-i-is:1:. ,To, •.,::_ day of ---aLL 20 6
6:35 p.m:'Appl:I•No',5,1f42 .KEN` ` �T
NEVI DIMON.This-is que'st for,a
Variance.,under'.Sectia ieon
Va -100-33(1);'. LAURA E.
based"on the•Apri1 9 '20-,62'Notice of BONDARCHUK
DisappFoval j'tdi;_an`„'s=bui[ad"diiion `to, Notary Public, State of New York
.ah^�uccessoiy'"gauge"hat`is 1ess;;thah No 01 B06067958
tlireefeettotherearlotline.Locationof Qualified in Suffolk County A—
Property: 6Z0,,Knapp,,Place;Gteenpoct; '" My Commission Expires Dec,24,2
-Parcel 1006-34 3;TO.'•r,„
6:40p_m App1,No:'S1'44v=?WAY14E;.
AND-�SHEILA DINIZIO: Tlus
reque's't;'fon p,ance,'urider''Section
100:244B ,".,based' oii "ttie Building
Dep`artment's'1vlaich;29,-2b02-Notice of
DisapQfoval fot'aigaragerailditian,to the
eXisfiiig=dwellirtg;witli:afzopt yaid`set-
back'at;less thanr35 feet. L'ocafion'of
Prroperty;' 19,75 t'Cpt'¢ -KidC,-Drive,
1vlattitunk,�Faice1;1060-106:=1 12.
6:45, -,m--Appl•.:NNo. 5147-`FRED
ANDsDON1+�A„FRAGOLA':>:This'•is.�,a `
-iejuestr `'4`' ear- a-
:I;, � ,;f�rx a'-Yai ce:zyndec•Section, ,
' `1.00=24`4B = ed oti "Yhe`liuilcling /
"1)epaiEment s>'Apnl ISr 2I(oti�e°o,6 1 /
Disapp�ovalffo�o�afe-a d�vglfing.Vvit`�t`•'•a; '
fcontrrYdFci'seFbackatssjtllanKf@pt;`
Locationofl P;operiy: l'145j;Oy11<• an
Lane'`.Gieenpgqlrr�arcel„1000-35.-4 8i.
HgUSIi:xTh, ue'st tWOV jsiW sarianc�e
undel.SeC[igli yllOQ;33;"'rinsed on;"the
s'Btiiliing'Departnien�is ApTit 1, 2002
-No,dce;o£Dtsapproval,concerning a p o
P,4 d`-GKlm ng#P9PL'-'1,7?e riiining
ypool is'+6emgrlocafeil"`in^paitxifiiin a
side y�ar�.=,Cpcafion=of`Pi6pgityi:48581
,New:Suffolk;t�LeriuewCutcflogue;Parcel •'
'1000-416.'1=12:• 3,
: -pp l-,W6i't."513& —
MICH�AEL:'CHtJISANO�'b�itez':"Paul
.lvlal gio),tTtus-is=a ceavest fo[I�Variatiee.
u}id ;Secfion ,100=244B,,;,b se&pn,the
April'1,2002Notice;of DisapproviiHor
a nexv dwelling at 1"ss than 50 feet-from
the•rea•„r of line,and sl� ih'ri�404eet
from;M6,,front,•loe line'-Location of
Property: 515 Diamond'Lane, Peconic;
Parcel 1000-68.=2-10
7:00 p:m. ' Appl. No.) 5141,
WIl,LIAMtARANEO.This.is=a:request
0-
for;a Varian undrj ce, 'eSection`,.,100-242A,
,,, ,• rt Bg�b'ased;oneth@.Budding /
.;_.
Departerienc"s'�lvlarcl�22'�'-2002;Notice'of
Disapprbv�l;fpr;ari��'astliuilt'.n�deck;addi-
t1Q��a•[,lee ss than 15'feet for asingle•side
yard Location of Property 460�ufllage
OFFICE OF
BOARD OF APR__ .S
Southold Town .-i-,..
53095 Main Road
Southold, MY 11971
765-1809 tel. r 766-9064 ZBA fax.
/1 REPLY FORM
Dated: - F1
TO: / 2a-Cy� 11ez4 . s1347 s
( ) Your application is incomplete for the reasons noted below.
( ) It is requested that the following be forwarded as soon as possible(within about 7 days, if
feasible). The advertising deadline is 22 days before the meeting date and the information is
necessary for review and advertising purposes. You may forward the information by fax at 765-
9064, however, please send the original by mail. Thank you.
( ) The appeal was not filed within 60 days of the decision of the Building Inspector.
(� Missing information-please see missing information checked below.
Please submit all the documentation,together with information noted below. If you have
any questions, please call us at 765-1809. Thank you.
Information requested:
( ) Notice of Disapproval issued by the Building Inspector after his/her review of this
particular project map.
( ) Check payable to the Town of Southold totaling $
( ) Signature and notary public information are needed.
( ) An original and six prints of the map were not included. (Preparer's name and date
of preparation to be shown.)
( ) Setbacks must be shown for the subject building to all property lines, with preparer's
name.
( ) Six(6)sets of a diagram showing the doors, number of stories, and average height
(from natural grade).
( -) Ownership Search back to April 23, 1957 for the subject parcel and all adjoining
parcels, certified by a title insurance company, and insuring the Town for$25,000,
( ] Copies of all current deeds and tax bills of the parcels back to
(XK Other: Six sets of photos , after staking corners of new constructio
areas . Thank you .
FOR OFFICIAL USE ONLY
CHECKLIST FOR NEW PROJECTS
✓ LABEL APPL# /Y7
✓ ASSESSORS CARD (7 COPIES) NAME fr,P��4G�9
CTY. TAX MAP (7 COPIES + 1) CTM# �-
NP INDEX CARD (ATTACH OLD) ITOWN ' �-
RESEARCH ALPHA
COPY PRIORS r�
SIX COPIES
INSPECTION PACKETS COMPLETE
UPDATED NEW INFORMATION
A a>
zr
LEGAL NOTICE
SOUTHOLD TOWN BOARD OF APPEALS
Thursday, July 25, 2002 PUBLIC HEARING
NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning),
Code of the Town of Southold, the following application will be heard by the SOUTHOLD TOWN
BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday,
July 25, 2002, at the time noted below(or as soon thereafter as possible):
6:45 pm Appl. No. 5147 - FRED AND DONNA FRAGOLA. This is a request for a Variance under
Section 100-244B, based on the Building Department's April 15, 2002 Notice of Disapproval to locate a
dwelling with a front yard setback at less than 40 feet. Location of Property: 1145 Gull Pond Lane,
Greenport; Parcel1000-35.-4-8.
The Board of Appeals will hear all persons, or their representatives, desiring to be heard at
each hearing, and/or desiring to submit written statements before the conclusion of each
hearing. Each hearing will not start earlier than designated above. Files are available for
review during regular Town Hall business days (between 8:00 a.m. and 3:00 p.m.). If you have
questions, please do not hesitate to call (631) 765-1809.
Dated: July 8, 2002.
Southold Town Board of Appeals
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
w
OFFICE OF
ZONING BOARD OF APPEALS
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
Email: Linda.Kowalski@Town.Southold.ny.us or
Paula.Quintieri@Town.Southold.ny.us
(631) 765-1809 fax (631) 765-9064
„^P ; 2002
Re: Chapter 58 — Public Notice for Thursday, July 25, 2002 Hearing - 7 'aEo�
Dear Sir or Madam:
Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will
be published in the next issue of the Suffolk Times.
Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your
application and hearing must be now mailed with a map or sketch showing the construction area or
variance being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, with the survey showing the new construction area, or details of
your request, by Saturday, July 13' to all owners of land (vacant or improved) surrounding yours,
including land across any street or right-of-way that borders your property. Use the current
addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or
the County Real Property Office in Riverhead. If you know of another address for a neighbor, you
may want to send the notice to that address as well.
When picking up the sign, a $15 check will be requested for each poster (or metal stand if
needed) as a deposit. Please post the Town's official poster/sign no later than Thursday, July
18t". Securely place the sign on your property facing the street, no more than 10 feet from the front
property line bordering the street. (If you border more than one street or roadway, an extra sign is
available for the additional front yard.) The sign(s) must remain in place for at least seven (7)
days, and should remain posted through the day of the hearing. If you need a replacement poster
board, please contact us.
By July 17th, please either mail or deliver to our office'your Affidavit of Mailing (form enclosed)
with parcel numbers noted for each, and return it with the white receipts postmarked by the Post
Office. The original Affidavit is due not later than the date of the hearing. Also, when the green
signature cards are returned to you by the Post Office, please mail or deliver them to us before the
hearing, if possible. If any signature card is not returned, please advise the Board at the hearing.
These will be kept in the permanent record as proof of all Notices.
By July 24th, after the signs have been in place for seven (7) days, please submit your signed
Affidavit of Posting to our office.
If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for
your cooperation.
Very truly yours,
Enclosures Zoning Appeals Board and Staff
P.S. Please pick up the poster sign between July 10th and 16th between 8-12, or 1:30-3. Thank you.