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HomeMy WebLinkAboutPACIFICO, ANNABOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 January 3, 1986 Mr. Paul A. Caminiti Attorney-at-Law 54075 Main Road P.O. Box 992 Southold, New York 11971 Re: Anna Pacifico Swimminq Pool, Deck & Gazebo Dear Mr. Caminiti: Please be advised that the Board of Trustees have reviewed the file for the above referenced and defiermined thafi they have no jurisdiction in regard to this matter, during their regular meeting held on December 26, 1985. If you have any questions or need additional information, please do not hesitate calling this office at the telephone number listed above. Very truly yours, Henry P Smith, President Board of/Town Trustees Ilene Pfi~ferling i' Clerk to Board of Trustees HPS:ip cc: Building Dept./ Trustees/ File REPLY TO: -~ P.O. BOX 992 _ , $OUTHOLD, NEW YORK !1971.O992 (516) 765-140! ~E%V YORK Crl'r OFFICE 138 COURT STREET BROOKLYN, N.Y. 112OI-6287 (718) 643-18OO IRWIN 1t. KAPLAN OF COUNSEL December 10, 1985 Southold Town Trustees Southold Town Hall SoUthold, NY 11971 Attention: Ilene Pfifferling, Sec'y Re: Appeal No. 3383 - Anna Pacifico Dear Sirs: In reference to the above and supplementing our letter to you of December 6, 1985, I am enclosing another copy of the DEC permit (both sides) which reflects that the permit was issued on May 18, 198# almost one year prior to the time that the Wetlands Ordinance was passed in April of 1985. Thank you for your attention and courtesy in this matter. Very tru)5~ ;~urs, PAC:sel Enco I''~ '"YORK STATE DEPARTMENT OF ENVIRONMENTAL CO!~''' 'WATION PERMIT r PERMIT NO. 10-84-0286 ARTICLE 1~, (Froteclio. of Water) [] ARTICLE 25, (Tidal Wetlands) ARTICLE 24, (Freshwater Wetlands) [] ARTICLE 36, (Construction in Flood Hazard Areas) PERMIT ISSUED TO ADDRESS OF PERMITTEE Anna Pacifico 125~Blue Ma~lin Drive Southold, NY 11971 LOCATION OF PROJECT (Section of stream, tidal wetland, dam, building) Southold Bay DESCRIPTION OFPROJECT Construct an 18 ft x 36 ft swimming pool a minimum of 65 feet landward of tidal wetlands. Excess excavated material shall be placed landward of the existing TOWN Southold SoUthold bulkhead. COMMUNITY NAME (City, Town, Village) fCOUNTY Suffolk t. The permittee shalt file in the office of the appropriate Regional Permit Administrator, a notice of intention to commence work at least 4~ hours in advance of the time of commencement and shall also notify him promptly in writing of the completion of the work. 2. The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation who may order the work suspended if the public interest so requires. 3. As a condition of the issuance of this permit, the applicant has ac- cepted expressly, by the execution of the application, the full legal respon- sibility for all damages, direct or indirect, of whatever nature, and by whom- ever suffered, arising out of the project described herein and has agreed to indemnify and save harmless the State from suits, actions, damages and COSTS of every name and description resulting from the said project. 4. Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of the waterway or flood plain or deep holes that ma)' have a tendency to cause injury to navigable channels or to the banks of the waterway. 5. Any material to be deposited or dumped under this permit, either ]n the waterway or on shore above high-water mark, shall be deposited or dumped at the locality shown on the drawing hereto attached, and, if so prescribed thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. V. That if future operations by the 5tare 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 cat, se. unreasonable obstruction to the f,ree navigation of said waters or flood flows ,or endanger the health, safety or welfare of the people of the State, or loss or destruction of the natural resources of the State, the owner may be ordered by the Depart- ment to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State; and if, upon the expiration or 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 !o such extent and in such time and manner as the Department of Environmental Conservation may require, r~move al! or any portion of the uncompleted structure or fill and restor~ 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. JFIA COMMUNITY NO. J DAMNO. JPERMIT EXPIRATION DATEjune 30, 1985 j GENERAL CONDITIONS 8, That the State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 9. That if the display of lights and signals on any work hereby authorize~ is not otherwise provided for by law, such lights and signals as may be pre- scribed by the United States Coast Guard shall be installed and maintained by and at the expense of the owner. 10. Al/ work carried out under this permit shall be performed in accor- dance with established engineering practice and in a workmanlike manner. 11. If granted under Articles 24 or 2S, the Department reserves the right to reconsider this approval at any time and after due notice and hearing to continue, rescind or modify this permit in such a manner as may be found to be just and equitable. If upon the expiration or revocation Of this permit, the modification of the wetland 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. 12. This permil shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others tn perform the permitted wark or as authorizing 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. 13. The permittee is responsible for obtaining any other permits, ap- prgvals, laods, easements and rights-of-way which may be required for this project. 14. If granted under Article 36, this permit is granted solely on the basis of the requirements of Article 36 of the Environmeotal Conservation Law and P;~rt 500 of 6 NYCRR (Construction in Flood Plain Areas having Special Flood Hazards - Building Permits) and in no way signifies that the project will be free from flooding. 15. By acceptance of this permit the permittee agrees that the permit is contingent upon strict compliance with the special conditions on the' reverse side. gs-~o-4 (9/'75) (SEE REVERSE SIDE) REPLY TO: ? SUF NEW YORK CITY 138 COURT STREET BROOKLYN, N.Y, ~1201-6287 (718) 643-1800 December 6, 1985 Southold Town Trustees Southold Town Hall Main Road Southold, NY 11971 Attention: Henry Smith Re: Appeal No. 3383 - Anna Pacifico Dear Mr. Smith: I represent the above referenced in a matter of approval for various variances with the Southold Town Zoning Board of Appeals for the construction of a swimmimg pool, deck and gazebo. Please note the construction for each has been completed without necessary approvals from the Town. In my attempt to comply with Southold Town Regulations, question has been raised as to whether or not we require your approval under the Wetlands Ordinance, Chapter 97, Article II, Section 97-20. Would you kindly review the enclosed copy of the detailed survey and DEC approval and advise me of your determination for the construction of swimming pool. Your prompt reply will be greatly appreciated as we would like to proceed with scheduling a Public Hearing with the Zoning Board of Appeals as soon as possible. Your attention and cooperatior~ in this matter is very much appreciated. Very tr/ul~urs, ~ PAUL A. CAMINITI PAC:sel ~nc. uOT I¢ LOT pool \ ,g \ \ ~r~/ 0 LOT AREA=Ig,062 SQ. FT. A REA -HSE, POOL, DECK E~ GAZEBO = ,ri~lO SQ. FT. 4610~/,.,062=,,. ~ 2zt % LOT COVERAGE 54655 MAIN ROAD $OTHOLD, N. ¥. 11971 h.w. rn' · p E CON! C BAY SURVEY OF LOT NO. 13 " SOUTHOLD SHORES" F/LED /IUG.29,1955 FILE NO. 3853 AT ARSHAMOMAQUE TOWN OF' sOUTHOLD SUFFOL. K COUNTY, N.Y. I000 - 053 - 05- 34 I" = 50 ~ 1985 Prepared in accordance with the minimum $~andards for title surveys as established by the L.I.A.L. $. and approved and adopted for such use by The New' York State Land l'itle A~ociatioa, 85 - 298'