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Home My WebLink AboutZoitas, IoannisGREGORY F. YAKABOSKI TOWN ATTORNEY greg.yakaboski@town.sout hold.ny.us PATRICIA A. FINNEGAN ASSISTANT TOWN ATTORNEY patricia.finnegan@town.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To.' From: Date: Re: Lauren, Trustees Patricia A. Finnegan, Esq. Assistant Town Attorney May 13, 2003 Return of Trustee files Enclosed are the following Trustee files, which I am returning: Ioannis Zoitas - This file was forwarded to our office to prepare a resolution stating the reasons why the permit was denied. As per our conversation, this matter will be returned to the agenda for this month, so the Trustees can give their reasons for the denial. There is no information in the file or the minutes of the hearing stating the reasons for the denial. EdelsteinlGoldstein - This file was forwarded to our office with a note stating that the agent wants a letter regarding the moratorium. I am not aware whether there is any specific issue regarding the moratorium and this application. Accordingly, I have not sent a letter. The moratorium legislation is available to Mr. Corwin if he wants to obtain a copy. If there is anything further in this regard, please let me know. Thank you. Pat PAF/md encs. cc: Charlotte, Trustees Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD TO; Greg Yakaboski FROM; Albert J. Krupski DATE: February6, 2003 Toxvn Attorney Tmstee's RE: Ioannis Zoitas David Edelstein/Libby Goldstein Please review the noted files which are enclosed. David Corwin wants a letter regarding the Moratorium On the Resolution for Zoitas it needs all the reasons why it was denied. Have any questions. Contact Charlotte Cunningham 765- 1892 Telephone (631) 765-1892 Town H'a/].. 53095 Main Road P.O. Box 11'79 Southold. Nevr York 11971 $OUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Consemation Advisory Council held Wednesday, January 15, 2003, the following recommendation was made: Moved by Nicholas Dickerson, seconded by Madeline Bdsotti, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Wetland Permit application of IOANNIS M. ZOITAS to slightly trim and clean underbrush on bluff located in rear portion in order to beautify and make area more appealing. No shrubs/brush shall be completely removed so as to cause soil erosion; only trim and cleaning will be done. Located: 5405 The Long Way, East Marion. SCTM#21-5-14 The CAC recommends Disapproval of the application because of the high probability of erosion in that area. Vote of Council: Ayes: All Motion Carried Law Offices MITCItELL & INCANTALUPO The Metro Building 98-20 Metropolitan Avenue Forest Hills, New York 11375 Tel (718) 997-1000 Fax {718) 575-1600 January 6, 2003 Board of Town Trustees Town of Southold 53095 Route 25 Southold, New York 11971-0959 Attn: Charlotte Ioannis M. Zoitas 5405 The Longway, East Marion, New York 11979 Coastal Erosion Permit Application Dear Charlotte: Enclosed kindly find original and duly executed Authorization form with respect to the above matter. JAM:ee Encl. Thank you for your courtesy and cooperation herein. ~r~tr~ly yours,[ Law Offices MITCHELL & INCANTALUPO The Metro Building 98-20 Metropolitan Avenue Forest Hills, New York 11375 Tel (718) 997-1000 Fax (718) 575-1600 December 23, 2002 Board of Town Trustees Town of Southold 53095 Rotae 25 P.O. Box 1179 Southold, New Yolk 11971-0959 RE: Ioannis M. Zoitas 5405 The Longway, East Marion, New York 11979 Coastal Erosion Permit Application Dear Sir/Madam: Please be advised that we are attorneys for Ioannis M. Zoitas with respect to an application for a Coastal Erosion Permit. Enclosed kindly find said Application for a Coastal Erosion Permit together with our check no. 19585, payable to the Town of Southold, in the sum of $50.00. We would appreciate the processing of this matter as soon as possible. Should you have any questions and/or require any additional documents, please do not hesitate to contact the undersigned. Thank you for your courtesy and coope~_xon herein. JAM:ee John~. Mitchell Encls. CERT: RRR cc: Kathleen Murray, Esq. Assistant Town Attorney COASTA~ EROS~ ~ZA~ A~ MA~' ~ .,': ~o ~. ~ ' ~9 ' 83 ': ' ": ': ~ SURVEY OF PROPERTY AT EAST MABION ,% TOWN OF SOUTHOLD '%. SUE. FOLK COUNTY , N.Y. I000--,~ ~-'05- ~4 SCALE: f F~. e, ~ ~--~' SOU~O_L. fl, N.Y. ,gr~ · ,,MONUM~I'~ AR~A = {.2~57 ocres to Ue l~e I~. numbem refer to "Pebble bach Yllod in the I~ufJolk Count on June 1. lg~6 Albert J. Krupski, Presiden James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application, Wetland Permit Application Major Waiver/Amendmenff~hanses Received Application: t"~ ~/0 ~'/ Received Fee:$ ~ ~ Completed Application Incomplete t SEQRA Classification: Type I Type II Unlisted.__ Coordination:(date sent) CAC Referral Sent: I-W].,)-'7[q Date of Inspection: l~ / Receipt of CAC Report: ~ Lead Agency Determination: __ Technical Review: / Public Hearing Held: t/q"~ 0 Resolution: Minor Name of Applicant IOANNIS M. ZOITAS Address c/o John A. Mitchell, Esq., 98-20 Metropolitan Avenue, Forest Hills, NY 11375 PhoneNumber:(718) 997-1000 Suffolk County Tax Map Number: 1000 ~ 021-0005-014 PropenyLocation: 5405 The Longway, East Marion, New York 11979 (provide LILCO Pole #, distance to cross stre~s, and loc~ion) AGENT: John A. Mitchell, Esq., Mitchell h Incantaiupo (If applicable) Address: 98-20 Metropolitan Avenue, Forest Hills, New York 11375 Phone: 718-997-1000 Board of Trustees Applic~on Land Area (in square feet): Area Zoning: GENERAL DATA Previous use of property:. Intended use of property: Vacant Land Residential Prior permits/approvals for site improvements: Agency Date x No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? x No Yes If yes, provide explanation: Project Description (use attachments if necessary): Slight trim and clean underbrush on bluff located in rear portion in order to beautify and make area more appealing. No shrubs/brush shall be completely removed so as to cause soil carosion; only trim and cleaning will be done. Board of Trustees ~plica~on WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Area of wetlands on lot: square feet Percent coverage of lot: % Closest distance between nearest existing structure and upland edge of wetlands: feet Closest distance between nearest proposed structure and upland edge of wetlands: feet Does the project involve excavation or filling? No Yes If yes, how much material will be excavated? How much material will be filled? Depth of which material will be removed or deposited: Proposed slope throughout the area of operations; Manner in which material will be removed or deposited; cubic yards cubic yards feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): Law Offices MITCI-IELL & INCANTALIJPO The Metro Building 98-20 Metropolitan Avenue Forest Hills, New York 11375 Tel (718) 997-1000 Fax (718) 575-1600 Board of Town Trustees Town of Southold 53095 Route 25 Southold, New York 11971-0959 Attn: Charlotte January l3,2003 Dear Charlotte: Ioannis M. Zoitas 5405 The Longway, East Marion, New York 11979 Coastal Erosion Permit Application Enclosed kindly find original and duly executed Board of Trustees, Affidavit of Posting form with respect to the above matter. Thank you for your continued courtesy and cooperation herein. JAM:ce Encl. ~ery {rely yours, Albsrt J. Krupski, Presiden--~ James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall · 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application ...... COUNTY OF SUFFOLK) STATE OF NEW YORK) I. IOANNIS ZOITAS Flushing, New York AFFIDAVIT OF POSTING , residing at 193-03 45th Avenue, being duly sworn, depose and say: That on the 12th day of Januar~ 2003, I personally posted the property known as 5405 The Longway, East Marion, New York by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date offAthe public4h~a~in~. ~a~e of hearing noted thereon to be held~=~__~ Dated: January 13, 2003 Sworn to before me this 13th.~d~ of~3anuary 200 3 · Notary P~blic EVIE R ErKA~I01~ Notary Public, State of New York No. 4962555 C~mm,ssiofl Expir~ February 20, ~ OBoard of Trustees Applica~on COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Slight trim and clean underbrush in coastal erosion area and re-plant, as necessary. Are wetlands present within 100 feet of the proposed activity? No x Yes Does the project involve excavation or filling? x No Yes If Yes, how much material will be excavated? How much material will be filled? n/a Manner in which material will be removed or deposited: (cubic yards) _(cubic yards) n/a Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) NONE ~rd of Trustees Applicatio~ AU'~'uORI ZATION (where the applicant is not the owner) IOANNIS M. ZOITAS (print owner of property) residing at 193-03 45th Avenue, (mailing address) Flushing, New York JOHN A. MITCHELL, ESQ. do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. 8 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: IOANNIS M. ZOITAS SCTM#1000-021-0005-014 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Slightly trim and clean underbrush bluff located in rear portion of the subject premises. 2. That the property which is the subject of Environmental Review--is located adjacent to your property and is described as follows: 5405 The Longway, East Marion, New York 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment on: You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the BQard of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: IOANNIS M. ZOITAS MAILING ADDRESS: c/o Mitchel1 & In6antalupo, 98-20 Metropolitan Avenue, Forest Hills. New York 11375 PHONE #: 718-997-1000 Enc.: Copy of sketch or plan showing proposal for your convenience. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Charles Levas Address: 36-51 Bell Boulevard, Suite 208 Bayside, New York 11361 STATE OF NEW YORK COUNTY OF SUFFOLK IOANNIS M. ZOITAS , residingat 193-03 45th Avenue, FlushinE: w~w York · being duly swom, deposes and says that on the 13 dayof December ,2002 ,deponcntmailedatme¢opyoftheNotic¢ set forth in the Board of Trustees Appl|¢ation, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Officeat Forest Hills, N.Y. (certified) (registered) mail. Swom to before me this Day of December ,20.__ ~' Nothry Public 20th 02 , that said Notices were mailed to each of said persons by EVl£ P. EFKARPIDI$ Notary Public, State of New ¥orll No. 4962555 Ouaht,ed ,n Queens Coun~ D~ Comm~ssmn £xp~res February 20, 20''/~ OBoard of Trustees Applica~on County of Suffolk State of New York IOANNIS M. ZOITAS BE1NGDULY 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 ALL WORK WILL BE DONE 1N 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 REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS 20th DAY OF December ,20 02 Notary [Vl[ R [FKAI~PIDI$ Notary Public. State of New York No. 4962555 Ouahhed m Queens County Cornm~ssmn Expires February 20. '"PR~)JECT I.D. NUMBER 817.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTtONS Only PART I--PROJECT iNFORMATION (To be completed by Applicant or Proiect sponsor) SEG I. APPLICANT/SPONSOR I 2. PROJECT NAME IOANNIS M. ZOITAS 3. PROJECT LOCATION: Municipality County SUFFOLK 5405 THE' LONGWAY EAST MARION, NEW YORK 5. tS PROPOSED ACTION: [] New [] c~xoansJon ~ Modification/alteration DESCRIEE PRCJECT BRIEFLY: Slight trim and clean underbrush on bluff located in rear portion of the subject premises. AMOUNT OF LAND AFFECTED: n/a rr,,hally 1.2257 acres Ultimately 1.22.57 ;~ q-=s,denl,al F~'~.!naustria~ ~J Commerc=a, 10. ODES ACTION )NVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELf CROM ANY OTHER GOVERNMENTAL AGENCY ~FEDERAL. STATE OR LOCALi? ~-~ Yes m~ No If yes. !ist agency(si and ¢ermrt/aDprovals Town of Southoid; Board of Town Trustees I2..AS A RESULT OF PROPOSED ACTION WILL EXIST'NG PERMIT/APPROVAL REQUIRE MODIFICATION? Applicant/sponsor name; IOANNIS M. ZOITAS Ii' the action is in the Coastal Area, and 7ou are a state agency, complete /he Coastal Assessment Form Oefore proceeding with this as~essmen~ 12-20-02 OVER I =:~RT IU--0ETE.=,MINATICN OF SIGNIFICANCE ,To se comole~eo by Agency) IOANNIS ~7 Z 01 T~..~ December 20, 2002 Print or Type: ACCESS CONSENT FORM I Office use Only I FOR ACCESS IFile #: I THROUGH PRIVATE PROPERTY IPermit #: 1) IOANNIS M. ZOITAS, 193-03 45th Avenue, Flushing, New York 11358 2) (Name of Applicant) n/a (Address) 3) (Name & Address of Contractor Involved) 5405 The Longway, East Marion, New York 1OOO-21 - 05 -14 4) (Project Location) The Longway (S.C.T.M. it) : 5) (Name of Road or Private Property Involved) (Hamlet) IOANNIS M. ZOITAS, ~93-03 45th Avenue, Flushing, New York 11358 6) (Name & Address of Homeowners Association / Property Owner) Slight Trim and Clean Underbrush on bluff located in rear portion of (Brief Job Description) premises in order to beautify and make area more appealing. 7) Starting Date: Completion Date: 8) g) Estimated Cost of Proposed Work: Insurance Coverage: A. The coverage required to be extended to the Property Owner: Bodily injury & Property Damage; $300,000/$500,000 Bodily Injury & $50,000 Property Damage. B. Insurance Company: C. Insurance Agent Name & Telephone # O. Policy # : E. State whether policy or certification is on file with the Trustees Office: (If no, Provide a copy w~n) (yes/no) 12-20-02 icant) (Date) To be completed by the Property Owner: I/We the undersigned, fully understand the nature of the Proposed Work referenced above and have no objection to allowing the Applicant to cross My/Our Property to~.f'"'~.-"'q~ g~-~ (S' _._e . operty Owner ordulyauthorized representative) Print.or Type: TOWN OF SOUTHOLD HIGHWAY DEPARTMENT PECONIC LANE PECONIC, NEW YORK 11958 I ffice use only1 ile ~: ermit #: PERMIT & BOND APPLICATION FOR ACCESS THROUGH TOWN OWNED PROPERTY 1) 2) IOANNIS M. ZOITAS 193-03 451h Avenue, Flushing, New York 11358 (Name of App]icant) (Address) 3) (Name & Address of Contractor Involved) 5405 The Longway, East Marion, New York : 1OOO- 21 - 05 - 14 (Project Location) (S.C.T.M. #) (Name of Road or Town Property Involved) (Hamlet) (Brief Job Description) 4) 5) 6) 7) 8) Starting Date: Completion Date: Estimated Cost of Proposed Work: Insurance Coverage: A. The coverage required to be extended to the Town: Bodily injury & Property Damage; $300,000/$500,000 Bodily Injury & $50,000 Property Damage Insurance Company: Insurance Agent Name & Telephone # D. Policy # : E. State whether policy or certification is on file with the Highway Department: ~_~pl icant ) (yes/no) - 12-20-02 (Date) To be completed by the Superintendent Bond Amount Required: of Highways: (Signature) APPL1CANT TRANSACTIONAL DISCLOSURE FORM The Town o~ S~uthold's Code of Ethics prohibits con£1icts of interest on the pa:~ of town officers and emplogeos, The purpose of Chis form is to provide information ~ich can alert the town of possible conflicts of inberes~ and allow it to YOUR NAHEt take whatever action is necessary to avoid same. (Last name, ~trst name, m~dd.le ~n~t~al, unless you are applying in the name of someone else or other entity, such as a company. I~ so, indicate the other person's or company's name.) NATURE OF APPLICATION, (Check all that appl~) Tax grievance Variance Change of zone Approval of pl~t , Exe~ption from plat or official map other (If "other," name the activity.) Coastal Erosion Permit Do you personally (or through your ~Ompany~ spouse, sibling, parent, or child) hove a relattonsl~ip with any officer or employee of the Town of Southold7 "Relationship" iltclndes by blood, marriage, or business interest. 'Business interest' means a business, including a partnership, in which 6he town officer or employee has even a partial ownership o~ (or employment by) a corporation in which the town officer ur employee owns more than 55 of the chares. YES NO x If you answered aYES,#, complete the balance date and sign ~here indicated. ~hi. ~erm and Name of person employed by the Town of 8outhold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either shuck the appropriate line ~) through D) and/or describe in the spa~e