HomeMy WebLinkAboutPAPPAS, ERNESTHENRY P. SMITH ~:~
JOHN M. BREDEMEYER. Iii, President
John Bednoski, Jr.
ALBERT KRUPSKI. JR., Vice-President
TELEPHONE
(516~ 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Yown 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: 1000-0q0-03-08
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 provisions of 'the Wetland Ordinance of the Town of
Southold, application dated January 18, 1988, and
WHEREAS said application was referred to the Southold Town
Conservation Advisory Council for their findings and
recommendations, and
WHEREAS, a public hearing was held by the Town Trustees with
respect to said application on 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 alt 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 Wiliiam 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 the Clerk, the applicant
shall file with the Clerk a certificate that he has public liability
insurance policies insuring against any liability which may arise
in the performance of the operations pursuant to such permit in such
amount as shall be fixed by the Trustees, which said policies shall
name the Town as a name insured. Please take further no~ice that
this declaration should not be considered a determination made for
any other department or agency which may also have an application
pending for the same or similar project.
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
TRUSTEES
John M. Bredemeyer, IH, President
Henry P. Smith, Vice President
Albert ~. Krupsld, ~r.
1ohn L. Bedno~ki, ~r.
Johll B. Tuthill
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
SUPERVISOR
SCOTF L. HARRIS
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
FROM:
RE:
DATE:
Town Attorney Harvey Arnoff
John M. Bredemeyer, II! ~,
president, Board of TrUste~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 Attorney
MATTHEW G. KIERNAN
Assistant Town Attorney
OFFICE OF TIlE TOWN ATTORNEY
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O2 Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
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
Re:
Notice of Violation r 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, Mr. 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
compliance with all Town Code regulations.
Mr. Charles T. Hamilton
June 14. 1991
Page 2
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
cc: Victor G. Lessard,
Ernest Pappas
Har,,C~ey A. Arnoff
Town Attorney
Principal Building Inspector
BOARD OF TOWN TRUSTEES
I"OWN OF SOUTHOLD
Town Hall. 53095 Main Road
P.O. Box 728
Southold, New York 11971
FEL£PHON~E
(516) 765-i892
JDENTIT¥ OF APPLICANT Ernest & June P~pas PHONE
ADDRESS OF APFLlCANT 75 Cedar Point Dr. East, Sou~hold
No
TAX MA~ NO. 1000--090--03--08
AGENT WilliamD. Moore,Esqo 298-~74 PHONS NO._
PERMIT REQUESTED TO Construct Accessory Structure (Building for
StorageJ
LOCATION OF PROPERTY FOR WHICH PERMIT WANTED Applicant's residence
Address above
SIZE OF PROPOSED WORK__k~L~__~4__~=__~!L~3~__~__k~q__~__~__~__~______L ......
WIOTH {~ Fe~-~
HEIGHT A~OVE HI~H WATER 1'8~ abc~e_q_~ade max. hei~_:_'~ 1/2 ft~ above
mean sea le~-f~%;~ -! .....
DEPTH SELOW LOW WATER N/A
YARDS TO BE EXCAVATED ~I~__~ $~
5 o' _nj?p__r_o_x_. ....
AVERABE RISE IN TIDE
DISTANCE TO THE NEAREST CHANNEL FT.
FT
INTENDED eSE OF PROPERTy Buildin~ forstoraq~
DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED ON THE PREMISE
AND WHETHER ANY PRIOR LICENSE OR PERMITS HAVE BEEN ISSUED TO ERRECT
Single family residence and deck previously constructed on site
DEScRIeE FULLY THE REHABILITATION AND PROPOSED CONDITION OF THE
PREMISES AFTER THE WORK IS COMPLETED INCLUDE AN ADDITIONAL SURVEY OF
New construction of acc~_s~_~_~_u_i~j~
WRITTEN CONSENT OF THE OWNER OF THE PROPERTY, IF NOT THE SAME AS THE
APPLICANT.
ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED THAT WOULD
PROHIBIT THIS PROJECT?
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. JoHing
Commissioner
Date of violation: 2/22/91
Location: 75 Cedar Point Drive East, Southold
Permit Number (if applicable): Nolle
Dear Mr. Pappas:
Records of this Department indicate that you are in violation of
the Environmental Conservation Law (ECL):
Article 15, Protection of Waters, Section 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. Eanek 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
Novemoer 14, 1988
Mt. Ernest q. Papoas
e/o William D. Moore,
P.07 Box 23
Mattituck, NY 11952
Eso.
Date of Violation: November 1, 1988
Location: 75 Cedar Point Drive East, Southold SCTM# 1000-090-3-3
Permit Number (if applicable): ~10-88-0356
Dear Mr. Pappas:
Records of this Deoart~ent indicate that you are in violation of
the Environmental Conservation Law ~ECL):
X
Article 15, Protection of Waters, Section 15-0501.1,
0505.1
Article 25, 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,in an adjacent area tc
a regulated tidal wetland without permission to do so.
A violation of this/these Articles of'ECL is
punishable by a fine of not more than-S3,000
violation.
a misdemeanor and is
and/or $8,000 per
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