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Home My WebLink AboutPAPPAS, ERNEST TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Ir. John L. Bednoski, Ir. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 TO: FROM: RE: DATE: Town Attorney Harvey Arnoff John M. Bredemeyer, III ¢~ president, Board of Trust~e~ Attached letter form Ernest Pappas of 4/28/91 and copy.of NYSDEC violation of 2/25/91 May 1, 1991 Forwarded for your review and appropriate action is a letter from Ernest Pappas of 75 Cedar Point Drive East, Southold. For your information, all involved Town and State regulatory agencies were notified of William D. Moore, Esq. application on behalf of Mr. and Mrs. Pappas before the Town Trustees on February 22, 1988; at which time we assumed lead agency status for their application for a Town wetland permit under Chapter 97. Subsequently, on March 24, 1988 we issued a permit for the structure in question after no opposition was heard at the required public hearing. JMB: jmt cc: Charles T. Hamilton, Unit, NYSDEC Ernest H. Pappas Regional manager Marine Regulatory HARVEY A. ARNOFF Town A~omey MATTHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD June 14, 1991 Mr. Charles T. Hamilton Regional Manager Marine Regulatory Unit New York State Department of Environmental Conservation Building 40 Stony Brook, NY 11790 SCO'IT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O: Box 1179 Southotd, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Re: Notice of Violation - Ernest H. Pappas Date of Violation: February 22, 1991 Location: 75 Cedar Point Drive East. Southold Dear Mr. Hamilton: I am writing to you on behalf of Ernest Pappas with regard to the above-referenced alleged violation. Enclosed herewith is a copy of a memorandum from John Bredemeyer, III, the President of the Board of Trustees of the Town of Southold, to me, dated May 1, 1991 with regard to this matter. As you will see, VIr. Bredemeyer has advised me that all involved Town and State regulatory agencies were notified of Mr. Pappas' application before the Town Trustees for a Wetland Permit. Subsequent thereto, the Trustees evidently assumed lead agency status with regard to Mr. Pappas' application and, on March 24, 1988. the Trustees issued a permit for the structure in question after no opposition was heard at the required public hearing. Thereafter, evidently after discussing this matter with Victor Lessard, the Principal Building Inspector to the Town of Southold, Mr. Pappas received a Building Permit from the Town. I have been advised by Mr. Lessard, that at the time that he issued the subject building permit, the structure was in compliance with all relevant Town Code regulations and standards. In fact, Mr. Lessard has assured me that the structure, as it currently exists, is in full and complete c,ompliance with all Town Code regulations. Mr. Charles T. June 14. 1991 Page 2 Hamilton After speaking with both Mr. Pappas and Mr. Lessard. it appears to me that at no time did Mr. Pappas intend to violate any DEC regulations. In fact. it appears that Mr. Pappas relied, rightly or wrongly, on the issuance of the Town Building Permit. Under these circumstances, and because the subject structure is in full compliance with all Town Building Codes. I trust that your administrative enforcement of this alleged violation will appropriately reflect all of the relevant facts and circumstances. Should you have any questions, or if you would like to discuss this matter further, please do not hesitate to call me. HAA:mls Enclosure Town Attorney~ Victor G. Lessard. Principal Building Inspector Ernest Pappas HENRY P. SMITH ..... ., JOHN M. BREDEMEYER. III, President John Bednoski, Jr. ALBERT KRUPSKI, JR., Vice-President TELEPHONE (516) 76§-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 March 28, 1988 Mr. William D. Moore Attorney at Law Suite 3, Clause Commons Main Road Mattituck, New York 11952 Re: 1000-090-03-08 Dear Mr. Moore: The following action was taken by the Board of Town Trustees during their regular meeting held on March 24, 1988 as follows: WHEREAS, William D. Moore, Esq. on behalf of Ernest & June Pappas applied to the Southold Town Trustees for a permit under the prowsions of'the Wetland Ordinance of the Town of Southold, apphcation dated January 18, 1988, and WHEREAS said application was referred to the Southold Town Conservation Advisory Gouncil for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on March 24, 1988 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that William D. Moore, Esq. on behalf of Ernest & June Pappas BE AND HEREBY IS GRANTED' PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Construct an accessory structure for storage on property located at 75 Cedar Point Drive East, Southold. The permit is approved with the provision that dry wells are to be installed on the property to contain run off and a sketch submitted to the office to be placed in the file. William D. Moore for Pappas Page 2. This permit will expire on March 24, 1990 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by lhe Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice tl~_al this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. PLEASE BE ADVISED THAT THE APPLICATION FEE OF $150.00 and $10.00 for the Wetland' Inspection fees are due at this time. Please remit to this office prior to the issuance of your permit. PLEASE CONTACT THE BUILDING DEPT. FOR A DETERMINATION ON THE NEED OF ANY OTHER PERMITS THAT MAY BE REQUIRED FOR THIS PROJECT. JMB: ip cc: Bldg. Dept. Board of Appeals file Very truly yours, John M. Bredemeyer, III President Board of Town Trustees BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 728 Southold. New York 11971 TELEPHONE f516) 765-t892 IDENTITY OF APPLICANT Ernest & June ~Rpas ADDRESS OF aPPLICANT 75 Cedar Point Dr. East, Sou~bold TAX MAP NO. 1000--090--03--08 AGENT William D. Moore,Esqo 298-~74 PHONE NO._ PERMIT REQUESTED ...... TO Construct Acces~D~y Structure (Building for LOCAT ION OF PROPERTY FOR WHI CH PERMI T WANTED Applicant's residence Address above HOME ADDRESS OF PERMIT APPLIEANTIF DIFFERENT FROM AFORESAID LOCATION CREEK, BAY OR HARBOR FRONTING PROPERTY Pleasant Inlet 1-8'~ abc~e 2~_~ade max. hei~h%.9 1/2 ft~ above N/A DEPTH BELOW LOW WATER YARDS TO YARDS TO WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY DEPTH AT LOW TIDE 50!__Approx. IN THE AREA MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED use oF PROPERTY Bqildinq_forstoraq~ INTENDED DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED ON THE PREMISE AND WHETHER ANY PRIOR LICENSE OR PERMITS HAVE SEEN ISSUED TO ERRECT STRUCTURES OR TO DREDGE OR DEPOSIT FILL OH SAID PREMISES AND WHETHER ANY PERMITS OR LICENSES WERE EVER SUSPENDED OR REVOKED bY A GOV~RNMENTA~ Single family residence and deck previously constructed on site New construction of accea~rE buil~_ WRITTEN CONSENT OF THE OWNER OF THE PROPERTy, ' IF NOT THE SAME AS THE APPLICANT, ARE THERE ANY COVENANTS OR RESTRICTIONS PROHIBIT THIS PROJECT? ~O IN YOUR DEED THAT WOULD New York State Department of Environmental Conservation Building 40--SUNY, Stony Brook, New York 11790-2356 Ernest H. Pappas 75 Cedar Point Drive East Southold, NY 11971 NOTICE OF VIOLATION February 25,1991 Thomas C. Jorling Commissioner Date of Violation: 2/22/91 Location: 75 Cedar Point Drive East, Southold Permit Number (if applicable): None Dear Mr. Pappas: Records of this Department indicate that you are in violation of the Environmental Conservation Law (ECL): Article 15, Protection of Waters, s~ection 15-0505.1 x Article 25, Tidal Wetlands, Section 25-0401.1 in that you caused, or permitted to be caused: Construction of 18' X 20' building in the adjacent area to a regulated tidal wetland without required permit. Contravention of this/these Articles a misdemeanor and is punishable by a $10,000 and/or $15,000 per day. of ECL is a violation and/or fine of not more than You are, hereby, advised to cease your operation at the referenced location immediatley. Please contact this office at once so that we may attempt to resolve this matter at 516-751- 8468/7900. A failure to contact this office within 30 days will result in this matter being referred to the Department's Regional Attorney for legal action. Very truly yours, Charles T. Hamilton Regional Manager - Marine Regulatory Unit 90-69 cc: F. Panek ECO John Bredemeyer, Southold Trustees Victor Lessard, Southold Building Dept. NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION BUREAU ~F MARINE HABITAT PROTECTION BLDG. 40 STATE UNIVERSITY OF NEW YORK STONY BROOK, NEW YORK 11794 (516) 751-7900 NOTICE OF VIOLATION N0V2 November 14. 1988 Mt. Ernest ~. Pappas c/o William D. Moore, P.O.' Box 23 Nattituck, NY 11952 ESO . Date of Violation: November 1, 1988 Location: 75 Cedar Point Drive East, Southold SCTM~ 1000-090-3-~ Permit Number (if applicable): #10-88-0356 Dear Mr. Pappas: Records of this Deoart~ent indicate that you are in violation of the Environmental Conservatior Lan (ECL): Article i5, 0505.1 X Article 25, Protection of Waters, Section 15-0501.1, Tidal Wetlands, Section 25-0401.1 503.1, in that you caused, or permitted to be caused: Con,struction of a 16'x32' deck and construction of a 4'x50' walkway ,{n an adjacent area a regulated tidal wetland without permission to do so. A violation of this/these Articles of'BCL is a misdemeanor and is punishable by a fine of not more than-S3,000 and/or $8,000 per violation. You are, hereby, advised to cease your operation at the referenced location immediately. Please contact this office at once so that we ~ may attempt to resolve this matter. A~ailure to contact this office" within 30 days will result in this matter being referred to the Department's Regional Attorney for legal action. Very truly yours,. Charles T. Hamilton Chief, Marine Regulatory Section CTH:dr / cc: ECO P. Obenauer Southold Trustee's, G. Hammarth, DRA