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HomeMy WebLinkAboutPRINCIPI, RICHARD TRUSTEES John M. Bredemeyer. III, President Albert J. Krupski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson 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 Office Use 0nly: doastal Erosion Permit Application Coastal Erosion Variance Application- Wetland Permit Application aiver from Chapter 97(Application/permi rustee Lands Permit APplication ~randfather Permit AppliCatiOn C~>mpleted Apps. Date: l~Inspection date: CAC comments-Date: Sent Variance Required: (Y/N) Neighbors notified-Date: SEQRA Type Coord.: Date sent SEQRA Determin./date: Public Hearing/date: Findings: Approved (Y/N) Special Conditions: (Y/N) (see file) Permit(s) issued-date: Interest: Owner of Property: Address Rec. Application Fee: Application Number; SCTMgl000- ~-g7/ -3~--. ~--2~ Applicant: ~/~~ ~d ~/o~-~ ~/~c'~ Address: ~.~ ~ ' . (owner, consultant,lessee,etc. ) ~ ~~~~~ Phone Subject Property Location: /~D7z ~2 - //fY/ (Provide LILC© Pole 9, Distance to cross Streets if not on location map) THIS IS NOT A PERMIT Page 1 Yds. to be excavated: ~/~'i Yds. to be filled: Manner in which material will be remo'ved or deposited: Width of canal, creek or bay fronting property: ~//~ Depth at low tide: ~/~ Aver. rise in tide: ~ / / Distance to nearest channel: ~/g% Distance project / extends beyond similar projects in area: ~/~ / Area zoning: ~ Land area in acres: /~ ~ - ~7~ ~- Is project for private or bUsiness use: Intended use of property: Describe known prior operations conducted on premises: Has any prior license or permit been issued to erect structures, dredge, or deposit fill on said premises: ~ Has any license or permit ever been revoked or suspended by a Governmental Agency: ~ Project Description The project description must also include plans for reclamation of land disturbed during construction of the principle and accessory structures and underground structures (i.e., pipeline and septic system; make additional attachments if necessary). THIS IS NOT A PERMIT .Page 2 · ' ' 1,~'-~,6-4 ~'2/8~Te×t 12 ; ", JECT I.D. NUMBER 617.2. Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION Q'o be completed by ADDliCant or Project sponsor) 1. APPLICANT/SPONSOR i 2. PROJECT NAME ~. ~>-~c~/' 3. PROJECT LOCATION: 4, PRECISE LOCATION (Street aadress and road intersection s, prominent lanemarks, etc., or prov~ee map) SEQF 5. IS PROPOSED ACTION: [] New [] ExpanSion 6. DESCRIBE PROJECT BRIEFLY: M[~"Mo'~diodi ficat ionlalt e r at ion 7. AMOUNT OF LAND AFFECTED: Initially l,~ acres Ultimately acres 8. WILL PROPOSED ACTION CO~VPLy WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] No If No, describe briefly 9. V',/i~,.~PRESENT LA/'~D USE IN VICINITY OF PROJECT? ~ ResidentiaJ [] Industrial [] Commercial Describe: [] Agriculture [] ParklForestlO[~en space [] Other 10, DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANy OTHER GOVERNMENTAL AGENCY (FEDERAL, 11. STATE OR LOCAL)? [] Yes ~'No yes, Fist agency(s) and permit/approvals DOES ANY ASPE,,CT OF THE ACTIOr~ HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes ~"~Ho If yes, list agency name and permit/approval 12. AS[] AyesRESULT []OF NoPROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION'~. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE _~L~.E..~_~ .~________~.~.~~ w Date: lgnalure:  '-If and you are a state agency, complete the the action is in the Coastal Area, · Coastal Assessmen! Form before proceeding with this assessment OVER 1 County. of Suffolk ) State of New York ) ~%~(~L~~~; BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(s) OR REPRESENTATIVE(s), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES .IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. S I GNATURE SWORN TO BEFORE ME THIS ~ DAY OF ~$~%~ ,19 ~ JOHN D. CLAUSk NOTARY PUBUC, State of New Yor~ I~ 4956186, Suffolk County ..~ Tram ~ September 11.19~ Suggested space for location Map THIS IS NOT A PERMIT TRUSTEES John M. Bredemeyer, III, President Albert J. Krupski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD 30 year Maintenance Agreement Erosion Protection Structures Chapter 37 Southold Town. Code Southold Trustees as Administrator SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 type or print name(s)~ df the owners of record of property at: (type or prin~ street address) SCTM ~1000- in applying for a Coastal Erosion permit for an Erosion Protection Structure do hereby agree to a 30 year maintenance program for a structure commonly known as a of as shown on the attached feet of length licensed survey of the as-built structure. It is my/our understanding that we are to maintain this structure with materials designed to endure 30 years and or equivalent to the original approved structure and that for any maintenance which involves more than 5% in length of this structure we are to give prior written notice to the administrator, waiting for their approval in all-but true emergency situation's which would seriously endanger life, property and important coastal natural resource features such as bluffs or wetlands. We further understand that failure to maintain the structure could result in a requirement to post a bond and or have the repairs ordered as a lien against the property upon a finding by the Trustees that said lack of maintenance would risk life, property or important natural resources features including protected, r~re or threatened animals and plants. ~~ Notarized Signature of owner of record SWORN TO BEFORE ME THIS ~3 DAY OF ~5~[*re~e~~ ,19 q~ JOHN D, CLAUSE NOTARY PUBUC, State o! N~w Yor~ No. 4956186, S~olk County Tern ~ims ~gembeT 11.1 ~ Please submit three copies of a licensed land survey made within one year of the original construction. This maintenance agreement shall only be valid upon the final approval of the administrator. Subsequent owners may apply to the Southold Town Trustees to re-authorize this maintenance agreement. To: NOTICE Police Dept. - Bay Constabl~ Town of Scuthold Peconic~ New York 11958 NOTICE OF VIOLATION Date: ........ Address:- (Owner or authorized agent of owner) (Address of owner or authorized agent of owner) Please take notice there exists a violation of the Code of the Town of Southold~ Chapter 97 Article Section at premises hereinafter described in that ........... You are therefore directed and ordered to copply with the follow, lng. ~ on or before day of -- ~ 19 The premises to which this Notice of Violation refers are situated at: _ Town of Southold, Suffolk county~ N%¥. (Suff. County Tax [~[ap Designation: Dist. Section: ....... ~---Btock. Lot: Failure to comply with the applicable provisions of the law may constitute an offense punishable by fine or imprison{nent or both. NOTICE: You have the right to apply for a hearing before the Board ~f Trustees of the Town of Southold~ provided that y~u file a written request with the Clerk of the Trustees within 10 days after service-of the Notice of Violation. Such request shall have annexed thereto a copy of the Notice of Violation upon which a Hearing is requested and shall set forth the reasons why such notice of violation should be modified or rescinded. Bay Constable, Town of Southold, NY Albert J. Krupski, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 6, 1994 Mr. and Mrs. Richard Principi P.O. Box~495 Amagansett, NY 11930 RE: SCTM ~1000-74'1-35.52 Dear Mr. & Mrs. Principi: The revised map dated February 16, 1994 with regard to moving the existing house away from the bluff has been reviewed. As the proposed location is behind the Coastal Erosion Hazard line, this project is out of the Trustees jurisdiction. This agencies approval does NOT constitute any approvals from any other necessarry agencies. If you have any further questions, please do not hesitate to contact this office. Sincerely, , . (~ Albert J. p i, Jr. President, Board of Trustees AJK:jmd cc: Bldg. Dept. ZBA APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 6. 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. and Mrs. Richard Principi P. O. Box-495 Amagansett. NY 11930 Re: Appl. No. 4225 - Variance to Relocate Seasonal.- Cottage Dear Mr. and: Mrs. Principi:' Enclosed please find a copy of. the Board's Findings and Determination rendered at our May 4. 1994 Regular Meeting; during which time you were present. You will recall that the Board allowed a temporary, five-year placement of the seasonal-cottage {the size ,as ex-ists]t subject to a future.application by May 1999. and ~ further public-hearing, if the building is not proposed to be located 100 feet. or more. from the top of. the bluff. At our,May~4th meeting, the Board also confirmed with you. as agreed..that, there should-, be no major alterations ,or. extensi~ve-changes done-during this., temporary period of time since it is ,very possible ~ that the building may -~agai.n- be the subject of further soil. erosion and relatecl problems and as a result., be required to be located south of. the ex-isting. LILCO lines over the next few years - depending on the weather effects on the bluff soils - and .. the extent of~ damage from storms or other activities-. Please-be sure to return to the Southold,Town Trustees and:the Building Department for a building permit~ after obtaining other agency approvals that may be applicable-for this project. For your~convenience, we have furnished the Building Department Office and the Town Trustees' Office with a copy .of this determination for their, permanent recordkeeping and: update- Also. we have.transmitted a copy.of, your file to the Suffolk-County Department of= Planning in accordance with Suffolk County's Administrative Code rules and regulations-pertaining to projects located within 500 feet of a waterway, Once we have received their-written response.-, we will forward a copy to you for your permanent file. Please do not hesitate to call our office or the Building. Department at Pag~e 2 - AppI. No. q225 ~ To: Mr. and Mrs. Richard Principi Re: Decision Rendered May tr. 199[[ 765-1802 if you have-any questions, Very truly yours. Linda Kowalski. Clerk Board of Appeals Enclosure cc: (With-copies, of this~determination to.: Town Building Inspectors' Office ----~ $outhold~ Town Trustees' Office// Suffolk County Deparqument. of, Planning APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilfnn Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4225: Application of RICHARD AND DOLORES PRINCIPI. This is a request for a variance based upon the Building Inspector's March 2, 1994 Notice of Disapproval concernTng a building permit application to relocate a dwelling structure within 100 feet of the L.I. Sound bluff; ref. Article XXIII, Section 1OO-239.4A-1 of the Zoning Code. Location of Property: Lot #2 shown on the 1985 Map of Blue Horizons; also known-as 4660 Blue Horizon Bluffs Road, Peconic, NY; County Parcel ID 1OOO-74-1-35.52. WHEREAS, after due notice, a public hearing was held on April 6, 1994, at which time those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. PROPERTY LOCATION: The premises in question is located a distance of approximately 3666 feet from C.R. 48, or Middle Road, along a private right-of-way.at Blue Horizon Bluffs Subdivision, Peconic, Town of Southold. This property is ~ identified on the Suffolk County Tax.Maps as District 1000~ Section 74, BLock O1, Lot 35.52. 2. CHARACTERISTICS OF APPLICANT'S SITE: The subject premises is more particularly shown on the Map of Survey prepared bY Roderick VanTuyl, P.C. dated November 3, 1993, and amended February 16, 1994, for this parcel. Shown is the top bluff at an elevation 38 feet above mean sea level, as well as low beach areas subject to flooding seaward of this bluff line, and the remaining variable contours. The dimensions of the lot are as follow: (a) frontage, or lot width, along the private right-of-way is shown at 49.67 feet; (b) a lot width ,.Pa~e 2 - Appl. No. 42L~ Matter Of Richard and Dolores Principi ZBA Decision Rendered May 4i 1994 along the ordinary highwater mark of the L.I. Sound of 108.34 feet, (c) the depth of the parcel from'the ordinary highway mark of the L.I. Sound to the private right-of-way is 872.17' feet. 3. OTHER PROPERTY FEATURES: It is noted that a portion of the northerly upland area consisting of approximately 30 ft. x 105 ft. of upland area, or 3150 sq. ft., of the premises is located within a restricted Coastal Zone Erosion area. The regulations under the Coastal Zone. Erosion Act (ref. Chapter 37) prohibits all new-residential and other types of construction seaward of the Coastal Zone boundary line (30 ft. x 105 ft. of upland area) plus bluff sloping toward'the foot of the bank, and the~ lowland areas - all shown~on the survey to be a distance south, approximately 126 feet from'the ordinary highway mark of the Long Island Sound. '4. VARIANCE REQUESTED: In this application, relief is requested for re-location of an existing seasonal cottage building i_ which cottage building has been unoccupied since its temporary relocation from the edge of the bluff due to severe erosion and inadequate foundation support on the north side of the cottage. The present location of the cottage is temporary as a result of a Town Board proceeding and a public hearing held on September 21, 1993 before the Southold Town Board concerning a violation of Chapter 45 and Chapter 90 of the Code of the Town of Southold, "Unsafe Buildings." The requested re-location is substantially different from its previous location before the heavy erosion, and different from its present temporary location. The requested positioning is shown to be a distance 35 feet from;the present line at the top of the bluff (or bank) and 15 feet from the easterly side property.line. This position is shown to be south of the Coastal Erosion Hazard-line, but north of the existing power line. 5. CODE REQUIREMENTS: Section 1OO-239.4 of the Zoning Code requires a minimum setback at 100 feet from the top of the bluff, or bank, of the Long Island Sound. The percentage of relief requested for a re-location, as requested and shown on this February 16, 1994 survey, is for a variance of 65 feet, or 65 percent, which is substantial in relation to the 100 ft. minimum requirement. Re-locating the existing cottage would involve the placement of a new base supports (slab or similar as required by the N.Y.S. Building and Fire Code), new electrical hook-up, water hook-up, cesspool hook-up, and suitable step areas for safe entry. It is the applicantIs position that it would be very costly, in the area of $7,500.00 in a location other than as requested and further distant due to costs for new underground wiring and piping. However, no written proof of the ,Pa~e 3 - Appl. No. 42~ Matter of Richard and Dolores Principi ZBA Decision Rendered May 4, 1994 sums claimed were submitted for consideration. The sanitary system and well water are not shown on the February 1994 survey. 6. OTHER BUILDING SETBACKS~ Upon visiting the area and viewing the town records, it was noted that existing "seasonal" cottages are situated with similar setbacks as that proposed by this variance. However, it is also noted that the top of the bluff or bank of the L.I. Sound has eroded by at least 10 feet or more since January 1985 - which created the present closer setback for these cottages to the current'bluff line. The Board is quite concerned with the safety of occupants as well as the stability of the bluff and this "seasonal" cottage, in light of the fact that due to Acts of God, similar hazards can happen at any time. This is the one of purposes of the enactment of Chapter 37 - Code for Coastal Zone Erosion contro]-s concerning lots located along bluffs or banks of the L.I. Sound in the Town of Southold. 7. OTHER AGENCY JURISDICTION: Other agencies-which also have applications pending, or which have taken action, are: a) Southold Town Trustees' variance under the Coastal Erosion Hazard Area'Law: - which is pending at this time. b) N.Y.S. Department of Environmental Conservation Permit No. 1-4738-OO829/OOOO1-O issued December 13, 1993 (initials DMG) pertains to conditional approval to re-locate the subject cottage to an area outside of the Coastal. Erosion Hazard line and south of the LILCO power line; c) N.Y.S. Department of Environmental Conservation Permit, as amended March 29, 1994 (GWH) to locate the subject cottage to an area north of the LILCO power line, within 1OO feet of the bluff or bank of the L.I. Sound. d) Suffolk County Department of Health Services (status unknown) to hook-up water and cesspool extension to a proposed re-location. 8.~ OWNERS PROPERTIES~ One of the owners of the subject property also has an interest, or interests, in adjoining properties and in the development for Blue Horizons Bluff Subdivision (stamped by the Southold Town Planning Board in 1985). 9. EFFECTIVE DATE OF ZONING CODE PROVISION~ For the record it is noted that the provision under the Southold Town ~Pa~e 4 - Appl. No. 42~ Matter of Richard and Dolores Principi ZBA Decision Rendered May 4, 1994 Zoning Code pertaining to minimum setbacks from~the top of the bluff or bank of the L.I. Sound became~e~fective under Local Law No. 4-1985 added March 26, 1985. 10. VARIANCE STANDARDS: In considering this application, the following standards must be considered: (a) Minimum Relief - the relief requested for a setback at 35 feet from the top of the bluff is not the minimum necessary to afford relief, and there is adequate land available to comply with the 100 feet (or more) requirement; (b) Uniqueness of the Land - the difficulties claimed in relation to the meeting the 1OO ft. setback requirement is personal in nature to the landowners {relating to personal expenses involved for the modification in utility hook-ups beyond, or south, of the present LILCO power lines}; New York Town Law requires that the uniqueness be related to the land; (c) Relief - the relief to permanently locate the building 35 feet from the top of the bluff will in turn be adverse to the safety, health, welfare, comfort, convenience and order of its occupant(s), as well as the town and nearby lands - Since the' rate of erosion has been i~creased during the' last several years and there is no proof from appellants to show.that there would not be further erosion at the same rate, or otherwise; (d) Alternative - the alternative for appellants to pursue for a permanent location is to locate this "seasonal building" landward of the. lOO ft. setback line particularly when there:is adequate land area available; (e) the approval of a temporary location rather than a permanent location, as applied, will not be detrimental to the health, safety, or welfare of the community, since it still would provide a benefit for the property owner to use his land for a zoning use allowable in this Zone District and provide a further opportunity for the property owners to consider a permanent location at a 100 ft. setback.or more, providing a safer location for a building without expending large sums of money for the temporary location during this re-evaluation period (five years); (f) the conditions for this variance and for all other agency permits must be carefully and faithfully followed by, the property owner {and their agents} in order to prevent runoff or other discharge and to aid in preventing any adverse effect or impact on the physical or environmental conditions in this location; ,Page 5 - Appt. No. Matter of Richard and Dolores Principi ZBA Decision Rendered May 4, 1994 (g) the appellants have not furnished evidence or sufficient information to show that the bluff is stable and that there is no other land area available for a yearround residence; appellants have indicated, however, that the costs for a temporary location with the same.building, with "seasonal" use and without major alterations, modifications or reconstruction, are minimal as compared to the location of a permanent building; (h) the relief as granted will not be adverse to the preservation and protection of the character, of the neighborhood and the health, safety and welfare of the community -. and will be re-evaluated five years from the date hereof if the building is proposed to remain. Accordingly, on motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED, to DENY the relief as requested for an insufficient setback in the permanent relocation of a seasonal cottage at 35 feet from the top of the bluff, or bank, along the Long Island Sound, with the following exception: 1. At the owners' own choice, liability, cost and expense, a temporary placement of the existing cottage building without expansion or enlargement may, for a limited period'of up to five years, be located a distance of 35 feet from'the top of the bluff show, on the May 24, 1993 survey map prepared by Roderick VanTuyl, P.C. subject to re-application and re-consideration by the Board of Appeals of the status and condition of the bluff and the actual bluff line in May 1999 which may or may not be altered due to changes in future weather conditions~ and subject further to all other agency approvals; one of the reasons for the five-year time period is to allow additional time for the applicant to show, by expert testimony and expert documentation from licensed engineer(s), proof as to the condition and stability of the land within 1OO feet of the bluff, the rate of erosion both historically, currently and future soil changes, and other data necessary for this project, before the building is permanently Yn place, as well as providing sufficient burden necessary in meeting the 1OO-ft. setback requirement (if any); and 2. During or before May 1999, the owners must reapply and submit evidence of the condition and stability of the bluff, for full and complete reconsideration of the temporary placement of the cottage construction if located within 1OO feet from the top of the bluff, and until such time as a further determination is ,~Pa~e 6 - Appl. No. 4~_~ Matter of Richard and Dolores Principi ZBA Decision Rendered May 4, 1994 rendered under the subject reapplication, the cottage~structure shall remain unoccupied if an unsafe condition exists; and 3. At any time the building is found unsafe, the building must be.vacated and remain unoccupied until all agencies have received and finalized applications and determinations concerning necessary improvements or further relocation'from the bluff; and 4. No building construction activities shall take place until all agency approvals have been issued, in Writing, including that of the Southold Town Building Inspector; and 5. No disturbance of the land area within 100 feet of the top of the bluff; and 6. Both side yards must remain open and unobstructed at all times for access by emergency and/or fire vehicles; and 7. Owners shall meet with the Suffolk County Soil and Water District to obtain recommendations that would aid in preventing erosion and which would aid in further stabilizing the top of the bluff area; and 8. When the subject building is rebuilt or replaced, it must be set back 1OO feet (or more) from the top of the bluff (as certified by an updated, certified survey). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk LAURY L. DOWD Town Attorney Dolores Principi P.O. Box 495 Amagansett, NY 11930 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD March 16, 199~ Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Re: Blue Horizons at Peconic Dear Mrs. Principi: You asked me to find out what you need to do to get town approvals to relocate your house. You have temporarily moved your house and gotten a DEC permit. However, the DEC permit requires you to move the house to the location showed on the plans prepared by Roderick Van Tuyl dated 11/3/93. Those plans show a building outline labelled "proposed relocation of cottage". The Building Department tells me that you wish to move the house to a different location than the one shown on the plan. In order to determine whether the proposed location conforms to the code, you must give the Building Department a scaled plan showing the proposed new location. You have not done this, and your application cannot move forward until you do this. If the plans show that you want to move the house to an area without the setbacks required by the code, you will need to .get a variance from the ZBA. Again, this cannot proceed until you bring in scaled plans, get a ruling from the Building Department, and apply for a variance. If the plans show that you want to move the house to an area within the coastal erosion zone, you will need to get a permit from the Trustees. However, before they proceed they want~ the assurance that you have the necessary variances to allow the proposed house placement. Therefore, you should pursue a variance before you pursue the Trustees permit. You may also need to amend your DEC permit if you wish to place the house in a location other than the one specified in your DEC permit. New York State Department of Environmenta! Conservation Build!n~ 40--SUNY, Stony Brook, Ne~' York 11790-2355 (516) 444-0365 ;FAX (516) 444-0373 Thomas C. Jorling Commissioner December 13, 1993 Richard & Dolores Principi Box 495 A~,agansett, NY 11930 RE: 1-4738-00891/00001-0 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 ¥ours/o Darleen M. Ger~ino Program Aide DMG/ja enclosure . ~t'ate Department of E?'~dronrnental ConServation ,0--SUNY, Stony Brook, New ,ork 11790-2356 t5~6) 444-0355 FAX (516) 444-0373 Thomas C. Jodlng Commissioner REGULATORY AFFAIRS VISITING HOURS AND C~T.LING HOURS ARE FOR GENE3~L INFO~J~TIONAND INQUIRIES TO THE ANALYST ON DUTY (DUTY ~NALYST) ONLY. VISITING EOURS 8:30 A. M. - Noon Monday - Wednesday - Friday ONLY CALLING HOURS 8:30 A. M. - Noon I:00 P.M. - 3:00 P,M. Monday - Wednesday - Friday ONLY Appointments are required if you wish to meet with a specific analyst or to discuss a specific project. Appointments may be made by calling the analyst you wish to meet with or the Duty Analyst. Due to the large volume of applications we must handle, we must keep meetings and telephone conversations as brief as possible. We sincerely regret any inconvenience these requirements may cause you, but they are essential if we are to provide the best p©ss~b!e service to you and all other applicants. We appreciate your patience and understanding. Robert A. Greene Regional Permit Administrator Region One ~ ,~MI1 NUMBER J8-00891/00001-0 NEW.YORK STATE DEPARTMENT OF ENV~RO~ENTAL CONSEAVATION ,CILITY/PROGRAM NUMBER(S) PE IT Under the Envir~r~ae~ta[ Cor~ervation Law ITYPE OF PERMIT a New 0 Renewal Article 15, Title 5: Protection of Waters Article 15, Title 15: Water Supply Article 15, Title 15: Water Transport Article 15, Title 15: Long IsLand Wel[s Article 15, Title 27: Wild, Scenic and Recreational Rivers Other: ,fIVE DATE camber 13, 1993 PIRATION DATE(S) cember 31, 1995 O Modification O Permit to Construct ~ Permit to Operate 6NYCRR 608: Water Quality Certification Article 17, Titles 7, 8: SPDES Article 19: Air Pollution Control Article 23, Title 27: Mined Larzt Reclamation Article 24: Freshwater Wetlands Article 25: Tidal Wetlands Article 27, Title 7; 6NYCRR Solid Waste Management Article 27, Title 9; 6NYCRR 37-3: Hazardous Waste Management Article 34: Coastal Erosion Management Article 36: Floodplain Management Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PERMIT iSSUED TO TELEPHONE NUMBER Richard & Dolores Principi ADDRESS OF PERM[TTEE Box 495, Amagansett~ NY 11930 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER NAME AND ADDRESS OF PROJECT/FACILITY Private Road off Sound Avenue LOCATION OF PROJECT/FACILITY Peconic Suffolk Southold Lond Istand Sound NYTM COORDINATES Relocate duelling landward of the top of the bank. Install a stairuay down bluff. ALL work shall be in accordance with the attached NYSDEC approved plan. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict comp[iance with the ECL, all applicable regulations, the General Conditions specified (see page 2) and any Special Conditions included as part of this permit. I REGIONAL PERMIT ADMINISTRATOR: ) ADDRESS Robert A. Greene Bldg. 40, SUNY, Room 219, Stony Brook, NY 1179(~-2356 AUTHORIZED SIGNATURE I DATE ,,.~/ ~ ~ ~.~ December 14, 1993 Page I of The permitted site or facility, including relevant records, is subject to in- inspect ion at reasonable hours and intervals by an author i zed. representative of the Departrrent of Envirorrmntal Conservation (the Deparl]Tent) to determine whether the permittee is COTplying with this permit and the ECL. Such represen- tat ive n-ay order the work suspended pursuant to ECL 71-0301 and SAPA 401 (3). ~ copy of this permit, including all referenced rmps, draMngs and special conditions, must be available for inspection by the Departrrent at all tin-es at the project site. Failure to produce a copy of the permit upon request by a Deparl]Tent representative is a violation of this permit. Permit Changes and ~ls 2. The Deparlzrent reserves the right to rrodify, suspend or revoke this permit ~,~hen: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regula- t i OhS i s found; b) the permit was obtained by misrepresentation or failure to disclose relevant facts; o) n~vmaterial inforrration is discovered; or d) environTental conditions,, relevant technology, or applicable law or regulation have material ly changed since the permit v~s issued. The permittee mast sub~it a separate written application to the Department for renecal, rrodification or transfer of this permit. Such appl ication rrust include any forms, fees or suppleTental information the Department requires. Any renee, el, rrodification or transfer granted by the Departrnant must be in writing. ., The permittee mast sub-nit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Et imination Syste-n (SR:ES), Hazardous V~ste Managerrent Facilities (WfvF), major Air Poi lution Control (AEC) and Sol id ~ste ManageTent Fac i i i t les (S~I:); and b) 30 days before expiration of all other permit types. Unless expressly provided for by the Department, issuance of this permit does not rrodify, supersede or rescind any order or determination previously issued by the E~partrmnt or any of the tents, conditions or requiraTents contained in such order or determination. Other Legal Cbligations of Pem~ittee 6. The permittee has accepted expressly, by the execution of the application, the full legal responsibility for ail da-rages, direct or indirect, of whatever nature and by whamever suffered, arising out of the project described in this permit and has agreed to indemify and save harmless the State frcm suits, actions, dm'ages and costs of every nam~ and description resulting fra-n this project. 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 irrpainTent of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. 8. The permittee is responsible for obtaining any other permits, approvals, lands, easeTents and rights-of-v~y that may be required for this project. Page 2 ofL? :-THURSDAY, 'JUNE !7, 1993 TRUSTEES John M. Bredemeyer, III, President Albert J. Krupski, Jr., Vice President Henry E Smith John B. Tuthill William G. Albertson 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 CERTIFIED MAIL December 29, 1993 Richard and Dolores Principi P.O. Box 495 Amagansett, NY 11930 RE: Violation on property at SCTM ~1000-74-1-35.55 Dear Mr. & Mrs. Principi: The Southold Town Board of Trustees are in possession of an incomplete application from you dated September 21, 1993 and received September 23, 1993. Our field inspection and conversation with you on the site on 9./23/93 resulted in the Southold Town Board of Trustees requesting additional information: A survey of the site with 2' contours of elevation plotted. The proposed location of the house placed on the survey which must also be staked on the ground. Full pa~ent of fees under the Coastal Erosion Hazard Act (CEHA). On December 27, 1993 a Buildin~ Department inspector and myself inspected the site and witnessed the beginning of operations in violation of the Town Wetland and Coastal Erosion Hazard area ordinances (CEHA). We would request that you complete applications under the CEHA Ordinance and Wetland Ordinance which would cover bluff restoration, placement of septic systems and final placement of the house. This office will work with the Building Department and Zoning Board of Appeals (as necessary)~ to resolve this problem, but can only~do so with your cooperation. ? / / / ? ? / / / ?