HomeMy WebLinkAboutMITCHELL, PAULFRANK A. KUJAWSKL JR., President
ALBERT J. KRUPSKI, JR., Vice-President
JOHN M. BREDEMEYER, III
JOHN L. BEDNOSKI, JR.
HENRY P. SMITH
TELEPHONE
(516) 765-I892
Garrett A. Strang
PO Box 1412
Southold, N.Y. 11971
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
August 1, 1989
Re: Paul Mitchell, 1000-017-02-08, Orient, N.Y.
Dear Mr. Strang:
The following action was taken by the Board of Town Trustees
during their regular meeting held on July 27, 1989 as follows:
WHEREAS the Town Trustees have conducted an on site inspection of the
subject property,
RESOLVED that the Town Trustees approve the request made by Ellen and
Paul Mitchell for a waiver to construct single family dwelling on
above mentioned property.
Please return to the Building Department for a determination on
the need for any ether permits which may be required for this project.
FAK: jas
~cc: Bldg. Dept.
Board of Appeals
file
Very truly yours,
-Frank A. Kujawski, Jr.
President
Board of Town Trustees
GARRETT a. STRANG
MAIN ROAD, P. O, BOX 1412
SOUTHOLE), NEW YORK 1 ~971
June 26, 1989
Board of Town Trustees
Town of Southold
Town Hall, Main Road
Southold, New York 11971
Re:~ Mitchell Residence 1000-017-02-08
Dear Members of the Board;
I have enclosed an application for a Wetlands permit on behalf of
my clients Dr. & Mrs. Paul Mitchell.
Subsequent to a field inspection of the above parcel by a member
of your Board, I was advised that a recommendation had been made
to issue a waiver. On Friday, June 23rd, your secretary advised
me that this recommendation was overruled.
Although I am submitting the requested applicationa this time, I
would like to go on record objecting to the overruling. It is my
opinion and that of my clients' consultants, Mr. A1 Kellar and Mr.
Michael Fiscina, that the area in question is not by definition a
wetland, nor is it listed or regulated by the New York State De-
partment of Environmental Conservation. I have attached a copy of
the Southold Town Ordinance, which defines a tidal wetland as land
generally covered or intermittently covered by tidal waters, or
subject to tidal action. This is not the case on the subject
parcel, and therefore does not violate the spirit of the Code.
I respectfully request you review the enclosed and reconsider is-
suing a waiver, as originally recommended. If you have any ques-
tions or require additional data please contact my office. Thank
you for your courtesy and cooperation.
Very truly yours,
Garrett A o Strang, R.A.
GAS/b
Enc.
New York State Department of Environmental Conservation
Building 40--SUNY, Stony Brook, New York 11794 -- ~
(516) 751-7900
er
June 8, [989
Mr. Alfred T. Kellar
A & M Environmental Consultants
16 Mills Rd.
Stony Brook, kY 11790
Re:
NYSDEC Application # 10-89-0662
Mitchell, Ellen & Paul
Dear Mr. Kellar:
The Department of Environmental Conservation has reviewed your application
and has the following comments:
1. The "wetland area" (as noted on submitted survey) has the values
of wildlife habitats sediment control and pollution control,
Therefore, the project should be revised to have a minimum of
60' setback from this wetland, in order to minimize impacts to
it and allow for a 50' undisturbed buffer between the wetlands
and all construction and landscaping activities.
With slight changes in configuration and/or location, it would
seem the structures - house and deck, could meet a 60' setback,
a change of ~0'.
Thank you for your cooperation.
Very truly yours,
Robert N. Thurber
Senior Environmental Analyst
RNT:jf
cc: E & P Mitchell /
F. Kujawski (Tn. Southold Trustees)~
G. Goehringer (Tn. Southold ZBA)
file
GARRETT A. STRANG
ARCHITECT
June 12, 1989
Board of Town Trustees
Town of Southold
Town Hall, Main Road
.Southold, New York 11971
Re:~ Mitchell Residence 1000-017-02-08
Dear Members of the Board;
I have enclosed an application for a Wetlands
mit on behalf of my clients Dr. & Mrs.
Mitchell.
Pau ~;
It is my position that the proposed dwelling and
decks fall out of your jurisdiction based on the
fact that the referenced wetland area is not listed
with the New York State D.E.C. nor does it conform
to the definition of wetlands as per the attached
letter from A & M Environmental Consultants. Con-
sequently, I herewith request a waiver for this
portion of the work.
The catwalk however may fall within your jurisdic-
tion inasmuch as a portion of it is less than 75
feet from the mean high water mark of Long Island
Sound.
I respectfully request you review the enclosed ap-
plication, advise my office as to your determina-
tion, and proceed with the application process ac-
cordingly.
If you have any questions or
data please contact my office.
courtesy and cooperation.
require additional
Thank you for your
Very truly yours,
Garrett A. Strang, R.A.
G~S/g
Enc,
Mr. Fred Mushacke
Bureau of Marine Habitat Protection
Bldg 40, SUNY
Stony Brook, NY 11790
June 2, 1989
RE:
Ellen & Paul Mitchell
Munn Lane, Orient
10-89-0662
Dear Fred,
The sixty foot setback you recommended for the proposed house and decks
on the Mitchell property as measured from the isolated pocket of wetlands
is not in conformity with Tidal Wetlands Land Use Regulations, Part
661(hh) (5). Under this section of the regulations, the tidal wetland zone
"is periodically flooded by spring and storm tides".
The wetlands located on the Mitchell property are not periodically
flooded~ they are sporadically flooded on very severe storm tides.
Therefore, the only wetlands on the Mitchell property ends at the mean
high water mark.
I would appreciate hearing from you as to whether you agree or disagree
with my interpretation of Part 661. Please call me at 751-4980.
Sincerely~
Alfred T. Kellar
cc: Garrett Strang