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Home My WebLink AboutTR-6483 . - James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE.CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1 st day of construction Yo constructed ./ Project complete, compliance inspection. . . TERMS AND CONDITIONS The Permittee, Lewis and Helaine Teperman, 1225 Aquaview Avenue, East Marion, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: I. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid until March 1,2007, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution ofthe said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of South old require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. 8. The Permittee is required to provide evidence that a copy ofthis Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. 9. That the said Board will be notified by the Permittee ofthe completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. . . 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) 765-6641 December 21, 2005 BOARD OF TOWN TRUSTEES TOWN OF SOUTH OLD Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: LEWIS AND HELAINE TEPERMAN 1225 AQUAVIEW AVENUE, EAST MARION SCTM# 21-2-16 Dear Ms. Moore: The Board of Trustees took the following action during its regular meeting held on Wednesday December 21,2005 regarding the above matter: WHEREAS, Patricia C. Moore as agent for LEWIS AND HELAINE TEPERMAN applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of South old Chapter 97 and the Coastal Erosion Hazard Areas, Chapter 37, application dated February 15, 2004, and WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, several Public Hearings were held by the Town Trustees with respect to said application 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 action as proposed is INCONSISTENT with the Town of Southold Local Waterfront Revitalization Program, and, WHEREAS, there has been shown to be a historical use of a structure, and the proposed decks in the proposed location, and, . 2 . WHEREAS, no residences are allowed in the Coastal Erosion areas, and, WHEREAS, the structure has undergone extensive rebuilding without the proper approvals, to wit, utilities, plumbing, new foundation for the structure, new siding, new windows, new decks; said reconstruction deemed not to be ordinary cosmetic repair, and, WHEREAS, the proposed unpermitted as built beach house is INCONSISTENT with the following policy standards of the Local Waterfront Revitalization Program: 4.1 A, B, 4.2 A, B, C, 5.1, 5.3, 6.1, and 8.3, BE IT FURTHER RESOLVED, that the Board of Trustees DENIES the application of LEWIS AND HELAINE TEPERMAN for beach house repairs as built and proposed, and APPROVES a wetland permit and a Coastal Erosion permit for the previously existing storage shed, with no amenities except the outdoor shower, and with two wood decks seaward of the Coastal Erosion area, with the following conditions: 1. The structure be for storage only, specifically not for habitation; not a dwelling. 2. The following unpermitted amenities shall be removed by March 1, 2007: a. All plumbing including the portable toilet b. Plumbing vent c. All utilities, appliances, and electric d. Air conditioner e. Glass doors on the north side of the structure. f. Stairs located on the west side of the storage shed. 3. Plans showing the size and dimensions of the structures (shed, stairs, and decks) submitted for approval, with the decks sizes complying with the current code. 4. Final inspection of the exterior and interior of the structure. 5. Failure to comply with the aforementioned may result in criminal and/or civil action. BE IT FURTHER RESOLVED that this determination 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. Very Truly Yours, be4 Vice-President, Board of Trustees JFK: hkc Cc: Lewis and Helaine Teperman . . James F. King, President Jill M. Doherty. Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, If. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit #6483C Date: December 21, 2005 SCTM# 21-2-16 Name of ApplicanUAgent: Patricia C. Moore Name of Permittee: Lewis and Helaine Teperman Address of Permittee: 200 East 32nd St., 358, New York, NY 10016 Property Located: 1225 Aquaview Avenue, East Marion DESCRIPTION OF ACTIVITY: Wetland permit for the previously existing storage shed, with no amenities except the outdoor shower, and with two wood decks seaward of the Coastal Erosion area, and the two North facing windows, with the following conditions: the structure be for storage only, specifically not for habitation; not a dwelling; the following unpermitted amenities shall be removed: All interior plumbing fixtures and vents including the portable toilet and Plumbing vent, All utilities, appliances, and electric panel and lines serving this panel from the interior of the shed; all electrical service to appliances and those appliances; existing electricity for the exterior stair lights run from the main house panel shall remain; all electrical work shall comply with applicable codes. Air conditioner, the French doors on the north side of the structure and its opening closed off to match existing shingled wall, Stairs located on the west side of the storage shed; and a Final inspection of the exterior and interior of the structure, and all as depicted on the plans prepared by Victoria Regina Weile dated October 18, 2006. Permit to construct and complete project will expire two years from the date the permit is signed. SPECIAL CONDITIONS: (apply if marked) . . 2 _ Bluff restoration through a re-vegetation plan is a necessary special condition of this permit. _ a relocation agreement is attached hereto and is a necessary special condition of this permit. _ A maintenance agreement is attached with application and is a necessary special condition of this permit. James F. King Oz.- President, Board of Trusys~- - JFK/hkc ~~ . . regi weile architect 905 aquaview, east marion, post office box 223 e-mail vregiweileC~aol.com new york, 11939 631 477-9735 MEMO TO: South old Board of Trustees Re: Amendment to 23 August 2006 Proposal Teperman Residence Shed 1225 Aquaview Avenue, East Marion SCTM # 21-2-16 O"T ? ' L" '_ L From: Date: Regi Weile, Architect 18 October 2006 As discussed at the Trustee Work Session of 23 August 2006, the Owner offers the following Amendment to Proposed Work to bring the Shed into Compliance: 1. The two North facing existing windows shall remain. The French Doors shall be removed and its opening closed off to match existing shingled wall. 2. The electrical panel and lines serving this panel shall be removed from the interior of the shed. All electrical service to appliances and those appliances shall be removed. Existing Electricity for the exterior stair lights run from the main House panel shall remain. All Electrical work shall comply with applicable codes. 3. The outdoor shower shall remain. All interior plumbing fixtures and vents shall be removed. 4. The Architect has attached drawings of the Shed and its Decking along with a Survey of Property from 2004, previous to alterations, and a current Survey. This submission is intended to ameliorate the Shed Structure compliance only. END OF MEMO o ~ -t r:1 -t o '- ~ .:t.z ~o <;::) .." ~ ('. o c: . . --< ) '0' 0 > ~ " ;:lO -;:J 0 ) 0 U .." < -t ;;:0 rn ,- 0 (J) -t c:-:: r.:'l rrl ,....... C.O o ,-- o ,- 11"'''i~1 t r- - - - -1 L_+___l ~t "" 1 , , t- ,^, , ~ 1 , I , J " "'~ !~ "" ~ ~ ~i ~~ ~i ~- Q,~ ~ ~~ +--------- j ,lea-,ll ~ .\ " =~ 0,' ---r : J V---i .,-"~ ! Il r - --I I ~ l>.. ~ ::I --<' ~ ~ F ~ ill1t , & .- -.. -+- "<?)"IS ID"- " L __.I j "IT ,J , ,rll 0.....1.: , i! ,'__00_', II ii! I II :-1 Iq .....~. ~._-_.----- ..--.--.... .-..---.--,-------.-.-------------'---..-- ,,&-I~ -t..g:t. ~~ II"' ~z, I 1I';1~ . I I C\.: I[ -r+-~+ = ~ -f ~ J:> ,;-- ~ ~, l~ I '-\ I ~ f> I~ n\ ~ \\ s:; I ~ ,. , "'-~ >J, ~- 'UL NCl) ~ ." "- f& I I =jj '" ~ -L- ,...-..,..- T' I ~ I ~l ~- I - - ~ I-I.J- ~ c ~ '=' ~ 1 }> :6 :..... --I m --I 0:> m --I 0:> 0 0 ~ 0 0 ~" $.; }> '- ~ ""0 ~ }> ""0' - -~ z ;:IlJ ""0 ~ C :;0 ~ 0 0 "TI ~ '" (II "TI ~ 0 .... ;:IlJ m c: c: C .... (II --t '" ~ , . . regi weile architect J (/ !? c/ 31va alOHlnOS ~O Nlv\Ol S331smll ~O a~V08 )JJ a3^O~dd'V 905 aquaview, east marion, post office box 223 e-mail vregiweile@aol.com new york, 11939 631 477-9735 MEMO TO: Southold Board of Trustees Re: Amendment to 23 August 2006 Proposal Teperman Residence Shed 1225 Aquaview Avenue, East Marion SCTM # 21-2-16 From: Date: Regi Weile, Architect 18 October 2006 As discussed at the Trustee Work Session of 23 August 2006, the Owner offers the following Amendment to Proposed Work to bring the Shed into Compliance: 1. The two North facing existing windows shall remain. The French Doors shall be removed and its opening closed off to match existing shingled wall. 2. The electrical panel and lines serving this panel shall be removed from the interior of the shed. All electrical service to appliances and those appliances shall be removed. Existing Electricity for the exterior stair lights run from the main House panel shall remain. All Electrical work shall comply with applicable codes. 3. The outdoor shower shall remain. All interior plumbing fixtures and vents shall be removed. 4. The Architect has attached drawings of the Shed and its Decking along with a Survey of Property from 2004, previous to alterations, and a current Survey. This submission is intended to ameliorate the Shed Structure compliance only. END OF MEMO ------------ ~ 1, ~-I I I J " --t- . APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD rATE/:7/ B 0 (, f ~ g7ft / ---I -r ,;S- F ~ ~ ~r ~I"- ~~ ~ ;S. ~ _\ ~~ . 't ~ '"' -,., ~ ~~ ~ "",-,..1 t- r- - - - -r L-~-__: ~! ! , / >, , i ~ ~fl~ ~ "'" lfii-::ll~ 0- --. . . I : I 1_:. ~_-.:..--.I t . I /~ ~ 'tc. ~ ::1 '" ~ .L \\1'1 I ", _.~> 1 I l"'- I' 'I . ~ \ "", ".'," \ i ~ \ 'j\ & .- -.. .. ;S '3: ...... " -1 "cry-l?" 11---1 1........._ . [ i -<- T III ,J ~I f I :-1 , . . i-.:s :.. t~~+ .., i> \% ..._. ,1&-12- ~r",j II j" tt- ~ ~ IJ: ,~ ~ ~ _~ I t ~-~ ~- "'@ ,j; " =.tJ I ' '---1- ~.~. T. ~ I '., , . - i . I ~ ~ ~ILI . c ~ ; i {l.: = i ' , "'- :is ~ APPROVED BY BOARD OF TRU:T[[:'J TOvVN OF SOU'i':CLr:l ['/\T;: /;;1 R eN" i-r6/./1 L.1. _ )0,\ ~ ~ "" \i' ~ 'S' eo- ~ ~ ~ i __..._"_...J . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 TO: Lew,j BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD '" "d... f\e. (G{.'(\<,- Ie pe.r ,.,...""r-Y ::1/ I S- /0-5- Please be advised that your application dated reviewed by this Board at the regular meeting of following action was taken: !~/9'!05 has been and the ~) Application Approved (see below) / As b.,., f+ fTr"'efu-(' de,.,,-eJ.... ~) Application Denied (see below) R~ bu, Id oJ _pm-nu O-f'(rtNCcI - P (.eC/)~ Suloyn"~ ~r~"f;c. pJ6i,.,s OfoJ rerro.ov<. Ur>ru~'+"'^ "'~en..+>(J. ~) Application Tabled (see below) If your application is approved as noted above, a permit fee is now due. Make check or money order payable to the Southold Town Trustees. The fee is computed below according to the schedule of rates as set forth in Chapter 97 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. $50 CA.+-kr ..~ "".""" ( <i..{: COMPUTATION OF PERMIT FEES: h "'" ( I ~5pe.c-ho" ()\.-n e".. + It: J. TOTAL FEES DUE: $ )D . 'BY: James F. King, President Board of Trustees . Hon. Elizabeth Neville Southold Town Clerk Southold Town Hall Main Road Southold, New York 11971 William D. Moore Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631)765-4663 Fax: (631) 765-4643 Re: Coastal Erosion appeal of Teperman Dear Ms. Neville: . RECEIVED AUG 1 6 2006 Southold Town CIeri August 14,2006 Please be advised that the above-referenced appeal is hereby withdrawn. Very truly yours, ~~ WDM/mr c: Lewis Teperman, MD AUG 1 7 2206 .,/3 7Ap 6(3 :.r,'$~ :;;<..84 . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel . Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (6311765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 6, Z006 Dr. Lewis and Mrs. Helaine Teperman ZOO E. 3Znd St., 35B New York, NY 10016 Re: 1225 AQUA VIEW AVE., EAST MARION, SCTM# 21-2-16 Dear Dr. and Mrs. Teperman, CJ ~ ,..." <0 - U.S. Postal Service," CERTIFIED MAIL. RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) Enclosed is a copy of the resolution that was passed by the Board of Trustees in n for the above referenced property. ru CJ I:J Return Receipt Fee I:J (Endorsement Required) CJ Restricted Delivery Fee .J] (Endorsement Required) ,..." ,..." :d. To be granted a permit you must submit new ns of the beach house/shed and decks as well as e permit as outlined on the attached resolution. IT' ::r ..D <0 Certified Fee ,onditions within the next 30 days will result in legal m inspection when compliance has occurred. Total Postage & Fees $ L<1 ~ =1!.~w..~~..~..~..~\_':':_~___:1_{_f-':_"-fl:eJ..._..___..___..__ 0,,,/;,:::;;'0; )..c() t <, 1-...-1 J 1 S c. 6 ________nun_____n__......___________nn_n_uL.____________n____________n_h -CItY. State, ZfP+4 I 00 I " Cc: Patricia Moore Lori Montefusco, Assistant Town Attorney . . ROBERT S. DELuCA t 75 THE CROSS WAY EAST MARION, NEW YORK t t 939 63 t .477-6077 BDELUCA@HAMPTPONS.COM March 20, 2005 (5)1 ~ (C ~ ~ 'W ~ m\ lru MAR 2 3 2005 ililJ Albert Krupski. President Southold Town Trustees Southold Town Hall 53095 Route 25 Southold, New York 11971 Southold Town Board of Trustees Re: Lewis and Helaine Teperman Violation 122 Aquaview Drive, East Marion Dear Mr. Krupski: I write to you as a year-round resident of East Marion who regularly walks the Long Island Sound shoreline to express my deepest concern over the above- referenced violation. I hope that you will use the full force of your office to secure the complete removal of this exceedingly inappropriate structure from the fragile shoreline where it was (to the best of my understanding) constructed without the benefit of any required permits. I believe the subject construction violates every tenant of responsible coastal development policy that has been advanced for the past 25 years, and I am very concerned that if it is allowed to stand this project will set a new precedent for other property owners and their attorneys to exploit our coastal resources in the future. Should this property owner seek to justify this project as a legitimate reconstruction of a pre-existing nonconforming use, I would strongly disagree. By my observation and recollection (having regularly walked along this beach for several years) the subject construction appears to be a significant expansion of the preexisting cabana or beach shack that once stood on the subject site. In fact, even a cursory examination of the current structure with its air conditioning, French doors, plumbing, outdoor shower, electrical supply and bluff-side retaining wall, suggests that the recent renovations have made this structure far less conforming to the current code than it ever was previously. I am also concerned about the extensive cutting of stabilizing bluff-stabilizing vegetation that apparently coincided with this project. . . Comment Letter: Robert S. DeLuca Teperman Violation -122 Aquaview Drive, East Marion - 3/21/05 Ironically, the property owners may have placed their own extensive new construction at even greater risk by eliminating the bluff vegetation that currently aids in stabilizing tons of soil located directly and steeply above the subject structure. For the sake of the maintaining the bluff feature and minimizing the potential risks associated with it clearing, I hope that any resolution to this violation will also address the issue of bluff restoration as part of the overall disposition of this case. In closing I would like to express my appreciation to you and the Board for the opportunity to express my views on this project. I am extremely hopeful that the Trustees will take the necessary action to protect and preserve our public beaches for those who make passive use of them today and for the generations yet to come. If I can provide you with any additional information or assistance, please feel free to contact me at your convenience. ~:AJL Robert S. DeLuca P.S. For the record, please note that I hold both a B.S. and M.S. in Environmental Science and have served an adjunct professor of Environmental Studies at Long Island University's Southampton College for the last 15 years. My entire professional career has been spent in the area of environmental impact assessment. I have worked as a Biologist and Sr. Environmental Analyst with the Suffolk County Office of Ecology and currently serve as President of a nonprofit conservation and planning organization based in Southampton Town. 2 Goal TtJw() T(l(/6fe{}5. J j&lrl/J {~~UV.'C{/J6 -/ l:.il,t7/'ifu- 5h~~ '. ~1tlrc/ Vi} aos- t31,--~S S~r:J "'cf l ~t/, f?x"lX .:L) f4j..J- JIlAO//CJI} /vir' J/'fcrf'fj'. ~ I".;~l,'.',c-'i:-';-;--., . -'-.-.' J If" J I ,I,~" I, '/ "~,"~ Ii '-""1 I,' <-- ..':~..UII 11',1, /LfU 1.IAr! ~ '.' .' --"'VI '~ ,. .~ s ,~-;------J UlJ,:Jv!o IGwn Board of Trestees We. are. f~fB-~1 tJW/I(;f;5 eM 61-a10 R //1 f.t2'Gf fhal'llJfJ a/JJJ we. are. a-lrtfJt2f) b SBe fk. jJ~(/C ~ 011 o{l ~ (Jalvrd 6Jl(;.~!tIJe- el/J fk.. bt!ad J'vsf ~ 1- skA5 RoacR TIv.'l, I1fUf/J fYJa:fJ{)f17 htJvY:!- - bv: liJ f"'Shf- ClIJ fk, bMch - ,-.5 Of) Qyt2otJl'e- O/lJ a/J Pi)..L (Jtli~ a ty'&/JTfo ffizA ()f/Vlrof) /nG/J+ We- have.- bB8/) BiJ!/Y''!j f!,is b82cA fer- /V'J.() yeaKS C//lf) IIQ.ver sG?8/J cJ~J Il&/V IovJ+ elf} He ol,Pf eN' tk bwcA I ':{:..J-- 0 a v,okrho/J Cl#-- fV~/'c. frv5f- b a/low fAis htJvt5e Je; b {J..1Fia N2 . . bdlz.4PMd- lbe- () M- CO(//J ~. ''!J 0/7 yO(/ /J1cJ ' Ha- ~~d cf-c),PF be ~\5fZ?reJ) -h ib fIf2V'OU5. ~ Thll/lt. yt7t/, ___ J!~ tzl-0j~ -f 0<)~E ~ . r m" "---, i Good Evening Southold Town T UL-~f3r~ 3J ;;l 3 oJ- 005 .) My name is Nancy Sawastynowicz. I've been fortunate enough to have a small rental in East Marion, with beach rights, for II years. Over this time I have watched - and heard"- plenty of land be "developed," diminishing one ofthe last frontiers of the NorthFork... When building permits are visible at these sites, it's good to know some form of law was followed. But, when building takes place regardless of our laws and ordinances, well, that's a crime. I'll be as clear as I can on this: you CANNOT build your house ON the beach. It violates the law. Case in point: this beach house was constructed, along with it's extensive decking, without a permit. Natural beach growth was destroyed to make room for it. Originally, one of those quaint storage sheds, it was DEMOLISHED in the Fall of2004. Nothing was left of it. The owner applied for a building permit AFTER this, on February 15, 2005. In the meantime, an actual HOUSE, with insulation, heating, central air- conditioning, and electrical, was built by Xmas of 2004. Again, the nerve of them to apply for a permit AFTER the house was BUILT!! ! Also, their application to build has glaring problems: They refer to the previous structure as a "beach house". It was not. It was a little storage shed, similar to what exists along the beach now. The applicant, in their Project Description, also has the nerve to say they intend to repair EXISTING structure. THAT was tom down. And replaced. Their stated Purpse of the Proposed Operation is to Repair Exisiting structure. Again, it was tom down. And built without any permits in the fall! What were the so-called repairs? Central-air conditioning? I I I June 15, 2005 Field Inspection." . , -...-;::- Q .- t \..- ~Wit' .- -:1l- --::< . ~"'",~~, ," " ;:. ., . ..~ '."!' .....~_:':../ , ~ ," \ ; . . .. .. . .J.,. ',,: ,'" '..I '..'\0 .' , " <If'.-'). ~ - - l::'l' - , 3:22 PM. - . . '# "olt~ . , "h .., ," I. [E ~ [E JJ7 [E rr\' o ...---- Ii U! \\":PR 1 4 2005 il.::J LSCiJ\ilDid TOW..--J Board oj Trustees . /~70~1JQ. f-o-~. (~)S: ~~I'I'~tV.y. {( '13'1- 0 I&. c;;- / . ,.- /1~ ,QD()~ ~.( .~~ ~1Q;~ ~eJ. (1).0 .~. I ( 7'1 ~d.., vtJ. (1" f1'11/-vr-S"c:; !t-L: ~~ ~-~!) "7 i::::t,~ '3m$a.;(;:y:x:.y Joolb-f".S1.>k ~~7~:~~~~_ \ '---7-'V . rn-, ~a4:l~,(;:y.{):51./-c>&-I'./ \j.~~7;~~~~~.j3~r~s h..::t~~tJ.;(ZL... AU>-'-aN.c{'~ft~ " --ti~eJ. ~~~-HU... J_",.f!:' "'-l c( ~.:r....:... ~'~~~.Q~~- ~d4t;- ~-cIu- -t:t ~~. -'-.Q.(~k~ y~, . ~u...... . I .o.~".J:<="/~ ~~~~I1:3t.r~V ~~ -~J'-17~"-< ~4 ~h~Lm.,~ /.vv . / d...1~: ~ ~ ec1t::Ju.. ~ ~ ~ 1Ya.\. tlJl a-.ct ~~~~~~~~~ I(~ h t> J.9a.nv/~1 ~a..lL ~/ ~ ~~ -pz.- et<... ~ fi!.l':'b &( ~ ?::L.- ~ lrO'o w...- 7Ir..L- ilk'_ L ~ ~ -t-..,t;;k.vr~(11u...~'~"Hr ~??,.d) '-D~~/~~ .~~~~ ~~~ 1~.~J2-Rk ~~!i:J5~'~ ~~4- tal~ ~~ ~ ~ M.e"'l ~f'a. a..,~ ~ ~ ~ t:a... 9)1.~w J.. ~ -:{ 01-t.-~.P.:t~a-~-~ ~(~ ~ ~~. ~--~ J;;.u~'~ ~ ~ t-..c~;"~7 rn--. ~ ~ / k..:C~. -<<~~f~~ 1<.. r-iZ ~~ ~ c . -~- . . ~ . . z:...0z.u.... d I#~ ~<J ~ 7; lA.L- Cc...- ~ . 7 ( v:::r ~ o,A~'1 a.- ~ ~ ~ <=L .f~"1 ~~~~cf.~ ..t/ 1a..-Atke-"f~ ~~ ~rJl",. .J..,-7.~) ) r~~~ ":"~~t.i <IOJ1/f."L~ ~~c<. L~4L"~ . ~ ...- . ~ -.z-~.. €{ :.1 ~ 71: t;L.. :: :fl:.1 -rP-e J~. ~~,,-~I . k:il. ~ ~~~~~~ . r,~~i 6-d. ~ - "V{ ~ ~ ~f.7::t::::i ~~~~kJ~ . ~~~~~~~~~i2.~ ~ ~ f.M- ~ r"!::- ' -af:7/t-o' J ~~~~~'t~/~';ft~~~M -k-..~ ~1t~.c4~ ~(p~ t.u-e!~ ~ , , ~ .4)~~'6fD~~~~ ~ -'~~ ~( T~~ ~~~.:Yl-t. kJL~'" "-.*!<-~ ~~,IVM ~ ~ <<~b..;T/tJl.~.Jt~ ~.t.It.J~~~(l~~~ I~ ~......... ~ t:V1e ~ ~~ .~~47;;.,. . ~ ~r..a ~ 1;; ~ ~~ ...tl66t' k~-f~~ 0y~ ~ r-a c'''~7 ~ tt..J-~. ~ ~ ~ fl "W- -tZ7:.. ~~'1~~~-t, q-ttuu:. ~~~ ~~~~7~~t4~~t4 ~~. . I~/~ f'v7~~ ~ 1:.tu.-~ IY,~ March 17, 2005 Field Inspect. . Tetrault, Heather From: E. Brownell Johnston, ESQ. [ebjlaw@optonline.net] Sent: Thursday, March 24, 2005 10:55 AM To: Standish, Lauren; Tetrault, Heather Subject: Fwd: Test Case for Southold Town Wetlands Code Dear Lauren/Heather, Please put a copy of the attached in the Tepperman file. thank you. Best regards, Brownell Begin forwarded message: From: Chris Pickerell <cp26@comell.edu> Date: March 24, 2005 8:59:42 AM EST To: eview@eastcreekwebs.com Subject: Re: Test Case for Southold Town Wetlands Code Benja, While I am interested in this case....it is clearly not my role to get involved with cases before the Trustees. It is the job of the elected officials to decide what is or is not allowable based on the existing code. In my position at Cornell, I cannot advocate for or against projects. My role is to educated and provide information to the public, Town officials and staff, and anyone else for that matter. When we wrote the new code the intention was to provide the Trustees with the tools they needed to effectively protect the Town's wetland resources. If there is some aspect that we have missed and the Trustees feel we need to address it, I am more than willing to work with them to make the necessary changes. Sincerely, Chris Pickerell -------------------------------- -------------------------------- Chris Pickerell Habitat Restoration Specialist CORNELL COOPERATIVE EXTENSION Marine Program Address: Cornell Marine Lab 3690 Cedar Beach Rd. Southold, NY 11971 (631) 852-8660 Ex!. 36 3/24/05 - ~.:t ;21- Z. -/~ TOWN OF SOUTHOLD PROPERTY RECORD CARD "7 '-"<t. , , ...... ~ ~ -------~--_..__._-----~--- ',-~ J VI STREET );l- ~ ~ l\ LtClI.I \ r ",-' \lc N/ j / /7 !")(:I .'-<'>i..~ s VILLAGE DIST. SUB. LOT t..<.e~v ):. tl . -6A:.i ))1 d J(..I E ' ~ H , LAYh5RoJ w S .3 ACR, FARM COMM. CB, las MICS. TYPE OF BUILDING Mkt. Value .= LAND IMP. 'Od //~ // (;) 0 /#-0 Soo 6a AGE NEW FARM BUILDING CONDITION NORMAL BELOW ABOVE Acre Value Per Acre Value Tillable W' FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD YO / e. ~.;;. / -<.r~. I, /OQ O..{ \ 17i; / 7.5-~) Woodland ':'" F7.!x .)._p -~ Meadowlond House ~ T ataJ ;Z~tJ , DOCK 1-/ ....J , '1 COLORNa to',.... W nod TRIM "W j,;te.. i~ 1 _ '. ..,,,,,~--r' ! --i . i ...... I'b. ~" 1""'1" I .s "6 ~ 11 . :L/~3 f- L 1./' f-- "'. , , I I I _"'1 It, x'JZ-;'lil'.- f Extension 11-,( ~ ': ~i 7- 1:- !Ixtension t.)( 19 -=-;08, ~$xtenSiOri I;. -I J 'O\- , I, " :...i',i II f - I I ~ ':i ~~ !1fD- 3.i7 0 n. fH . 7?d I . ~ ,0, B, '- i Total L oc/(e'" /1 'J.1L/~11"i ra ,? If 1- Foundation Re, Both I ? f-;.. _IDinettel Basement F.; l/ Floors 0er^"ck....v K. 'Ext. Walls 'vfe\.t:~J' I Interior Finish Woo"! ~1t,J,;. LR, Fi re Place I'L,o Heat h I/. fl. J DR, Type Roof Rooms 1 st Floor r BR. 1.1 'Recreation Room Rooms 2nd Floor FIN, B . 1~ 1JA Dormer Driveway 1J1J/ - .... . \" - n-e.c " Porch '~ ~~~~-S;~~ } t.'K tj J Porch Breezeway Garage ~ '::J C vT 811ft plIJ er- n o I:} . . A . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRrAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 76$;1800-, southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD AI"PLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer). One copy will be returned to you in response to your request, or as an interim response. - - -=--------~- ----------- - ----- SECTION I. TRUSTEES if known, that has RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information.) ~~.!i oL 11,1,;7: I ep'~~M'j /.;J.;J..,. f'tM < ~ '. ",,-,, -. rf'o/' 1n~ ~::':C-:lI(J:It-...;}I- ;).-1 ~, . . .. . .}> '. . V-e...,.~,) Y-Aa-1C t;/p s.....tu~ of App......, '7l~ ~'(/ u:.. <~ ;,"7 _ "b' ."..:~ Prlhted Name: A)nnt>y J{owr:'<:;~v/J/)/.<JJ~ . Address: PO. 13c.JX.3.;t/. cflo.<,r mono/! . AI. y. T . / Mailing Address (if different from above): Telephone Number: lJ77-/ f?$ I 11939- ()50lJ Date: /'.YJ~ ,;7.;). ~ .;(005' - -~----- ===========--=====- ----------- ------- . [ ] APPROVED [ ] APPROVED WITH DELAY* [ ] DENIED* ~~I~.qtl Fr of Information Officer RECEIVED * If.....yM .,. d.tI,.1I _. I'eVWrH .we ,.... - ".._lb... '~\f'\. '-- r::? ....7 .', _ . ". ....,'- Date MAR 2 2 2005 Sourhold Town C1elk '\ . ,. Telephone (631) 765-1892 Town Hall 53095 Route 25 P.O. Box 1'179-- Southold, New York] 197]-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Tues., March 15, 2005, the followin9fecommendation~vv~~ l11ad~: .. LEWIS & HELAINE TEPERMAN request a Wetland Permit for the existing beach house. Located: 1225 Aquaview Ave., East Marion. SCTM#21-2-16 The CAC did not make an inspection, therefore no recommendation was made. '.'~' . I I I i + 4-.~ o \ ... '{,. ~' .. . . ~:::::>-z _____________/ I + + ~ E o . o g ~ 8~ -~ ~1)>- ~ >- ~jjl" u..~ @ o . >-~!~ ~~.! ~d:~ U'll.! = J:ii(~i ;;m{) .!i,l!! i i 1 Ii . '" " '" ~ 1 i ii; ~ ! ! I f Uhi I " " .!!I! i i i ii !,!!! Ij III I,ll! .. . . Page I 0[2 Verity, Mike From: Eastcreekwebs [vze2wm7h@verizon.net] Sent: Thursday, February 03, 2005 10:22 AM To: Verity, Mike Subject: Illegal Waterfront House \' V\ r plcrY'('<'[V FYI there is a new house on the Sound beach' in front of Aqua View Rd in East Marion. There has been lots of construction trucks In the driveway for months now, But NO PERMITS . You are now on notice (Please reply to confirm delivery). ------------------------------- ------------------------------- 2/3/05 regi weile architect 905 aquaview, east marion, post office box 223 e-mail vregiweile@aol.com newyork,11939 631 477.9735 MEMO TO: Southold Board of Trustees Re: Amendment to 23 August 2006 Proposal T eperman Residence Shed 1225 Aquaview Avenue, East Marion SCTM # 21-2-16 C r:~' , From: Date: , Regi Weile, Architect September 2006 As discussed at the Trustee Work Session of 23 August 2006, the Owner offers the following Amendment to Proposed Work to bring the Shed into Compliance: 1, The two North facing existing windows shall remain, The French Doors shall be removed and its opening closed off to match existing shingled wall, The Owners reql>lested consideration for a window, matching those existing be installed at the opening, 2, The electrical panel shall be removed from the interior of the shed. All electrical service to appliances and those appliances shall be removed, Electricity to the exterior stair lights, shed lights and two utility 60watt interior lights shall be run from the Main House Panel. Electrical work shall comply with all codes, 3, The outdoor shower shall remain. All plumbing fixtures and ventI> shall be removed, ' 4, The Architect has attached drawings of the Shed and its Decking along with a Survey of Property from 2004, previous to alterations, and a current Survey, This submission is intended to ameliorate the Shed Structure compliance only, Deck size compliance for the entire Property will be considered under a separate submission, . END OF MEMO , ~ .~ 7f:- '(J ",. ,. @ ~ 7'\ i; y: "/..-, I"~ U"U^__ .__.~.._.__,______. I / ~ ~ '" l/ ....' / I / i= 'I) "'+ .. "'.' c:~ f' '" <!' fuN ~ ~~ I '~~ '\', ~I ~ ~ ..., ~ !l. &'(,11 -'---~-. w '" ~ J> , J-, ~hf -. ........ -- ! I , I I I ~ ~ I 'Ft~ I ~-t-t-.. I "I:g,,+_ '21.31' _.~-~-~._.- --.._._----....-.._._...._~..- l r' 1 I ~ O' BI~.J." . . ,.,;. tIe.,_ "",' ! . ~ t l ,,/ " ...: I' l~- - - o , JI'-a" H- ~ ~ ~ ~ ~~ / ~~ . ........ ~ !:"~tlfI. ~ ~fi . iil f ~ --r',-- .~--. 19f r- , ,_ -I , V , f Xi ,--- \' I t-j ----..l 11.!..,lf . T I' ~ .il ~ + GUARANTEES INDICATED HERE ON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANr, GOVERNMENTAL AGENO", LENDING INSTITUTION, IF' USTED HEREON. AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. GUARANTEES ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS LONG ISLAND SOUND S 87"57'35"E 40.01' APPROX, W THIS DATE U/'iAUTHORIZED ALTERATION OR ADDITJON TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATEON LAW, COPIES OF THIS SURVET MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE COlVSIDERED TO BE A VAUD TRUE COP}' '" SHOWER - - - AREA --8' Of6wff 'APPllo~.6Cin;ow_ ---dB DECK 0,2' OVER THE PROP LINE 0'ELlO __.:- EL IZ ::-_~ltJJ 0.: .,.::. -~.- -i:5~ G- --~ p:\- ~ :2' E1._8_ JV I . '~PPROx~ foP"OfSWFf WOOD STEPS EL 48 COASTAL EROSION - - h;_ -.-._a~. 3' wb~tcr . vi jRAILlNG 71.4' ;L9~ --- HAZA!!!Z.L!N!- .-' .N 2-1> o. ~ (-0 o 2 ~ < o ~ j;; ~ ~ ~ o . o 2 ~ ~ ~ .0' 2 ~ --J -1>. ~ 'i 00 ~ o c AJ o o ^ -< -U o Z ~ WOOD FE}IC[ 1.2 N .j>- 0' (Xl 0' 00 g ~ ~ ~ '" ~00,_PE~!!'~ CELLAR (NTR. AJ o ,. o COI<C MaN TlE-1,200'+/_ 8' AQUAVIEOW35 10 W 62.6 ~:~_ A VENUitNCt /5TOI<E DRIVEWAY EARTH N lJ1 ---.\ '---.\ (Xl SURVEY OF DESCRIBED PROPERTY SITUATE EAST MARION, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEYED FOR: LEWIS TEPERMAN HELAINE TEPERMAN SURVEYED: 5 APRIL 2004 SCALE 1 "= 40' AREA = 12,457.7 S.F. OR 0286 ACRES GUARANTEED TO LEWIS TEPERMAN HELAINE TEPERMAN 16 MAY 05 26 APR 05 CHANGE NAMES ON MAP. ADD CONTOUR LINES ON BLUFF, COASTAL EROSION HAZARD LINE UPDATE DECK AREAS BELOW BLUFF LINE CORRECT STREET NAME SPELLING. JR. TM# /000-021-02-016 25 MAR 05 29 APR 04 .. . {~@Jn[Er~ {(Q)rMJj~ll~!NJrQJ rQJ~(Q)~f Complete Land Use SeZVlCeS -- Includmg P1annl/1g~ DeSJgn and Envllvnmental P.O. Box 5535 Miller Place, New York 11764 Telephone (631)476-0984 - Fax (631) 476-6933 November 24, 2005 Thomas W. Cramer, Principal Ms. Patricia C. Moore, Esq. 51020 Main Street Southold, New York 11971 RE: Lewis & Helaine Teperman @ East Marion L WRP Consistency Review SCTM# 1000-21-2-16 Dear Ms. Moore: As per your request, I have reviewed the letter from Mr. Mark Terry, Senior Environmental Planner, dated August 23, 2005, concerning the above. The proposed action is for the repair/reconstruction of an existing beach house (12.5' x 24.8') with associated decks, walks and stairs. According to affidavits, the structures were built in the 1950's. The beach house has plumbing, electricity and a bathroom. The site is located on a bluff in the Coastal Erosion Hazard Area adjacent to Long Island Sound. A wetlands permit and a Coastal Erosion permit has been requested from the Town of Southold Trustees for the as-built structures. Photographs and a portion of the survey of the site and structures are provided at the end of this document for illustration. Mr. Terry's letter was prepared to provide a review of the actions consistent with the Town Code's Chapter 95 and the Town's Local Waterfront Revitalization Plan (LWRP). The Town of Southold LWRP, and the 13 policies and standards within it, are a refinement of the New York State Department of State's (NYSDOS) 44 Coastal Policies. I am thoroughly familiar with the NYSDOS' program and the rigorous process the towns go through to assure consistency with the State's plan. I have both instructed and been a guest speaker at a number of workshops and symposiums for the NYSDOS on the L WRP program. In addition, I was Director of Environmental Protection and Commissioner of Planning, Environmental and Development in the Town of Brookhaven. In those capacities I was the chief executive officer in charge of the implementation of Brookhaven's LWRP. Because of Brookhaven's vast size and the differences in the various coastlines found within the Town, we chose to implement the LWRP program by developing a number of detailed L WRPs to address the various sub-regions in Brookhaven. Furthetmore, I have provided consulting services to numerous private clients and municipalities throughout Long Island, many dealing with the various local LWRPs. As stated, I am thoroughly familiar with the NYSDOS' program, which is the basis of South old's program, and have worked with and reviewed the Town's LWRP numerous times in the past. For your use and information, I am providing a copy of my curriculum vitae (attached). The Town's document was developed to provide an "appropriate balance between economic development and the preservation that will permit beneficial (sic) use of and prevent adverse effects on Southo/d's coastal resources ". As stated above, the Town has culled the 44 NYSDOS policies down to 13 that are relevant to Southold. These 13 are categorized into four groups in the L WRP. The categories are useful in determining consistency to the L WRP depending on the type of project and its location and setting within the coastal zone. The categories are as follows: · Developed Coast Policies · Natural Coast Policies · Public Coast Policies · Working Coast Policies Each of the policies within the categories is provided with a narrative as to its relevance to Southold. They are then followed by a set of policy standards to aid and provide guidance in development within the coastal zone. It is these standards and how the project is proposed according to them that would determine consistency to the Town's LWRP. Mr. Terry states in the second paragraph of his letter that he reviewed the L WRP Consistency Assessment Form as well as other information and that it is his recommendation that "the proposed action is generally inconsistent with the ... policies standards and is therefore inconsistent with the LWRP." He then lists four (4) of the thirteen (13) policies in which the proposed action is supposedly inconsistent with the various standards. However, no supporting information is provided to substantiate how the project does not conform to the policies or their corresponding standards. In fact, in reviewing the proposed project and comparing it to the L WRP policies and standards, the project, in my opinion, is consistent with the intent of the LWRP. The following is a review of the various L WRP policies and standards as listed in the August 23, 2005 letter. The policies and standards are shown in bold italics; each is then followed by a discussion on how Lewis & Helaine Teperman's proposed project relates to them. NATURAL COAST POLICIES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. Policy Standards 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practicaL a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. The repair/reconstruction ofthe existing beach house, walks and stairs is allowed under the New York State Department of Environmental Conservation's (NYSDEC) 6 NYCRR 505.8. The following are the relevant portions of 6 NYCRR 505.8 to the project: 2 6 NYCRR 505.8(c)(4) - The normal maintenance of structures may be undertaken without a coastal erosion management permit. 6 NYCRR 505.8(c)(5) - The restoration of existing structures that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit. 6 NYCRR 505.8(c)(6) - Nonmajor additions to existing structures may be aI/owed on bluffi pursuant to a coastal erosion management permit. (Note: Major additions are defined under 6 NYCRR 505.2(u) as additions that are 25% or more of the existing structure(s). Since the project calls for no additions it is less than a 25% expansion, and therefore would be considered a nonmajor addition). 6 NYCRR 505.8(c)(7) - A coastal erosion management permit is requiredfor new construction, modification or restoration of erosion protection structures, walkways or stairways. Elevated walkways or stairways constructed solely for pedestrian use and built by or/or an individual property owner for the limited purpose of providing noncommercial access to the beach are excepted from this permit requirement. As shown above, the project is allowable under the relevant portions of 6 NYCRR 505.8. In fact, portions of the project would be exempt and may be undertaken without the need for a coastal erosion management permit. It is important to note that this Town LWRP policy specifically refers to the definitions of the NYSDEC's 6 NYCRR 505.8, not the Town's own Chapter 37 (Coastal Erosion Hazard Areas), which is Southold's implementation of 6 NYCRR 505. The relevant portions of the Town Code, dealing with construction on the bluff, are as follows: S37-17B(3) New construction, modification or restoration of walkways or stairways done in accordance with conditions of a coastal erosion management permit S37-17B(4) Non-major additions to existing structures are aI/owed on bluffi, pursuant to a coastal erosion management permit (Note: Major additions are defined under *37-6 as additions that are 25% or more of the existing structure(s). Since the project calls for no additions it is less than a 25% expansion and therefore would be considered a nonmajor addition) Even under the Town's more restrictive implementation of the NYSDEC's 6 NYCRR 505, the proposed project would be a permissible activity. However, as discussed above, the Town's LWRP policy refers to the less restrictive 6 NYCRR 505.8. The proposed action holds itself to the more stringent requirements of Chapter 37. 3 The beach house has been in existence since the 1950's. The proposed activities will not relocate or expand any existing structure(s). The entire portion of the site that includes the activity is located within the Coastal Erosion Hazard Area as presently defined by the NYSDEC. The structure has been located as far as possible from the shoreline, avoiding potential hazards as much as possible. It is impossible to locate this non-major addition out ofthe Coastal Erosion Hazard Area. The proposed action meets this standard by avoiding the hazards of erosion as much as possible (Standard 4. l.A. 1.2) and fully complies with the all other aspects of the standard. 2. Avoid reconstruction of structures, other than structures that are part of a water-dependent use, damaged by 50% or more of their value in coastal hazard areas. This standard addresses reconstruction of structures in coastal hazard areas that are damaged by 50% or more oftheir value. The existing structures are not damaged; the action is for a non- major addition and repair/reconstruction of existing structures. Therefore, the standard does not apply to the project. 3. Move existing development and structures as far away from flooding and erosion hazards as practicaL Maintaining existing development and structures in hazard areas may be wa"antedfor: a. structures which funclionaUy require a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. d. sites where relocation of an existing structure is not practicaL As stated in the response to Standard 4.l.Al, the proposed project has been located as far as possible from erosion hazards and does not change or expand existing structural conditions. As stated in the above policy standard, "existing development and structures in hazard areas may be warranted" if certain conditions, as listed, exist. Standard 4. l.A. 1.3 condition letters "a", "b", and "c" are not relevant to the project. The proposed project conforms to condition "d". Therefore, the action conforms to this policy standard. B. Use vegetative non-structural measures to manage flooding and erosion hazards. 1. Use vegetative non-structural measures which have a reasonable probability of man aging flooding and erosion, based on shoreline characteristics including exposure, geometry, and sediment composition. 2. Use vegetative measures to increase protective capabilities of natural protective features. Discourage clearing of existing, particutarly indigenous vegetation during siting, design, construction and regrading phases of any development project 3. Discourage alteration of existing natural drainage contours and swales and encourage enhancement of those natural drainage features where they exist While the use of vegetative non-structural measures is desirable, it is not practical nor does it have a reasonable probability of managing flooding and erosion based on shoreline characteristics including exposure, geometry, and sediment composition in this particular case. The existing structures are located on the bluff, immediately adjacent to its toe. In front of the toe of the bluff is a high, narrow beach consisting of large cobbles. These cobbles provide no medium for plant growth. Any plant material installed on the beach, in front of the structures, would not survive. Therefore, policy standard 4.I.B.1 would not be relevant to this project. As discussed previously, the existing structures have been located on the bluff since the 1950's. The bluff itself is heavily vegetated with indigenous species. In addition, since the structures 4 have been located in their present position for a considerable time, the existing vegetation has surrounded the structures and stabilized itself around them. The proposed action will not disturb the existing vegetation on the bluff. It is the intent to replace/reconstruct the structures in-place. In addition, the existing natural drainage patterns will not be disturbed. Therefore, the project conforms to policy standards 4.1.8.2 & 3. It should be noted that the existing trees on the bluff were apparently trimmed in the past (prior to the 2005 growing season). The trimming apparently topped the larger trees, leaving a substantial portion of them in place. Significant new growth on the trimmed trees show that they have survived and continue to provide beneficial protection to the bluff. It is possible that the removal of some of the old canopy allowed more light to penetrate to the soil, allowing additional smaller plant species to colonize the bluff, thereby increasing the beneficial aspects of bluff stabilization and erosion protection. Photographs are provided at the end of this document that illustrate the existing vegetated bluff. 4.2 Protect and restore natural protective features. Natural protective geologic features provide valuable protection and should be protected, restored and enhanced Destruction or degradation of these features should be discouraged or prohibited A. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. As stated previously, the proposed activity is a non-major addition to an existing structure(s) as defined under the New York State Department of Environmental Conservation's (NYSDEC) 6 NYCRR 505.8, Coastal Erosion Management Regulations, and the Town of Southold's Chapter 37, Coastal Erosion Hazard Areas. Therefore, the proposed activity is not considered new development and is allowed in the natural protective features found on the site. Also, as noted above, 6 NYCRR 505.8 is less restrictive than Chapter 37; the Town's LWRP policy refers to the less restrictive 6 NYCRR 505.8. The proposed action holds itself to the more stringent requirements of Chapter 37. Therefore, the proposed project conforms to this policy standard B. Maximize the protective capabilities of natural protective features by: 1. avoiding alteration or interference with shorelines in a natural condition 2. enhancing existing natural protective features 3. restoring the condition of impaired natural protective features wherever practical 4. using practical vegetative approaches to stabilize natural shoreline features 5. managing activities to limit damage to, or reverse damage which has diminished, the protective capacities of the natural shoreline 6. providing relevant signage or other educational or interpretive material to increase public awareness of the importance of natural protective features As stated throughout the above discussion, the proposed activity will take place within the area of the existing structures; there will be no additional disturbance of the site. There will be no disturbance of the existing natural protective features existing on the site. The bluff is stabilized with existing vegetation and is not presently impaired. Therefore, there is no need to enhance or restore the natural protective features. As discussed above, it is not practical to install vegetation on the beach because of existing conditions. Condition "6" is not relevant to a single-family home. Therefore, the proposed project is consistent with these policy standards. C Minimize interference with natural coastal processes by: 1. providing for natural supply and movement of unconsolidated materials and for water and wind transport 5 All of the activities will be above the beach and there is no dune in the area. The beach consists oflarge cobbles that cannot be moved by wind. The activities are set on the bluff face, back from the beach, the area where water transport of the cobbles would take place. Given the elevation of the beach and the existing stability of the bluff, it does not appear that waves capable of moving the large cobbles frequently reach the toe of the bluff. Two existing stairways extend from the structures to the beach area. Upon examination of their construction and considering the existing conditions around them and the nature of the beach (elevation, composition, etc.), it is apparent that the stairways have had no or very little impact on the transport of material on the beach. As such, they provide minimal, if any, interference with the natural coastal processes. Therefore, the proposed project is consistent with this policy standard. Policy 5 Protect and improve water quality and supply in the Town of Southold. Policy Standards 5.1 Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards. B. Prevent point source discharges into Southold's coastal waters and manage or avoid land and water uses that would: 2. cause or contribute to contravention of water quality classification and use standards, or 3. adversely affect receiving water quality, or As part ofthe activity, the existing sanitary system was upgraded to a self-contained composting toilet. Since there is no discharge of waste, direct or indirect, the action will not cause or contribute to the contravention of, or in any way adversely effect, water quality. Therefore, the proposed project is consistent with this policy's standards. 5.3 Protect and enhance quality of coastal waters. A. Protect water quality based on an evaluation of physical factors (pH, dissolved oxygen, dissolved solids, nutrients, odor, color and turbidity), health factors (pathogens, chemical contaminants, and toxicity), and aesthetic factors (oils, floatables, refuse, and suspended solids). C. Protect water quality of coastal waters from adverse impacts associated with excavation, fill, dredging, and disposal of dredged materiaL See response to Policy Standard 5.2.1 above. There was no excavation, fill, dredging or disposal of dredged material into the coastal waters during construction. There was also no threat of erosion on the site as none of the existing vegetation was removed or disturbed when the structures were replaced in-kind. Therefore, the proposed project complies with the policy standard. Policy 6 Protect and restore the quality andfunction of the Town of Southold ecosystem. Policy Standards 6.1 Protect and restore ecological quality throughout the Town of Southold. A. Avoid adverse changes to the Long Island Sound and the Peconic Bay ecosystems that would result from impairment of ecological quality as indicated by: 2. Degradation of ecological components Degradation occurs as an adverse change in ecological quality, either as a direct loss originating within the resource area or as an indirect loss originating from nearby activities. Degradation usually occurs over a more extended period of time than physical loss and may be indicated by increased siltation, changes in community composition, or evidence of pollution . 3. Functional loss of ecological components Functional loss can be indicated by a decrease in abundance offish or wildlife, often resulting from a behavioral or physiological avoidance response. Behavioral avoidance can be due to disruptive uses that do not 6 necessarily result in physical changes, but may be re1lltetl to introdMction of recreational adivities or predators. Timing of activities can often be critical in determining whether a functional loss is Ukely to occur. Functional loss can also be 1IUl1Iifested in physical terms, such as changes in hydrology. In the narrative following this policy in the LWRP, the importance of the ecological natural resources is discussed. It is stated that: "Certain natural resources that are important for their contribution to the quality and biological diversity of the Town's ecosystem have been specifically identified by the State of New York for protection. These natural resources include regulated tidal and freshwater wetlands; designated Significant Coastal Fish and Wildlife Habitats; and rare, threatened, and endangered species. In addition to specifically identified discrete natural resources, the quality of the Town's ecosystem also depends on more common, broadly distributed natural resources, such as the extent offorest cover, the population of over- wintering songbirds, or benthic communities. These more common natural resources collectively affect the quality and biological diversity of the Sound ecosystem. "The role of the Southold Town Board of Trustees in the protection and management of the Town's ecosystem, particularly as it relates to surface waters, is recognized by the Town. The policy standards noted below recognize that federal and state legislation governing the protection, management and restoration of the environment are not always sufficiently restrictive to protect local resources. Where the Town and its Board of Trustees have implemented protective measures that exceed that of federal and state regulations, local regulations and standards should be complied with." The applicant will comply with the various federal and state regulations, as well as those of the Town of Southold. Furthermore, degradation of the ecological components ofthe Town of South old will not occur as a result of the proposed action. In fact, there will be no loss of existing vegetation or ecological components on site as a result of the project. With regard to the functional loss of ecological components, this too is not an issue as the project is a replacement in-place. The proposed activity is consistant with the existing ecological character established in the area, that of single-family homes with beach houses (see photos at end of report). Wildlife that currently utilizes the site is no doubt species that are tolerant of, and even prefer, the activities of man. Secretive and human intolerant species, such as forest interior birds, would not utilize the site because of its small size and surrounding land use(s). The proposed project is considered consistent with these policy standards. Policy 8 Minimize environmental degradotion in Town of Southo/d from solid waste and hazardous substances and wastes. Policy Stmu/mds 8.3 Protect the environment from degradotion dIIe to toxic poIluttmts and fIIIbstances hflZJl1'dous to the environment and public health.. 7 A. PrINent release of toxic pollutants or substances hazardous to the environment that would have a deleterious effect on fish and wildlife resources. In the LWRP, there is a narrative following this policy standard that is provided to clarify its intent. Unfortunately, Mr. Terry did not include it in his letter of August 23,2005. The following is the clarification and the intent of the policy standard: "The Town's Site Plan application process will determine whether proposed land use activities will involve toxic substances. Protective measures to prevent their release to the environment, particularly fish and wildlife resources, will be determined during the environmental review. Further, the dredging of toxic material from underwater lands and the deposition of such material shall be conducted in the most mitigative manner possible so as not to endanger fish and wildlife resources, in either the short or long term." The proposed project is for repair/reconstruction of a beach house; therefore, a site plan application is not required. No dredging of any type is proposed. A home does not use either toxic pollutants or hazardous substances other than household chemicals, which this policy standard is clearly not intended to address. Therefore, this policy standard is irrelevant to the proposed project. B. Prevent environmental degradation due to persistent toxic pollutants by: 1. limiting discharge of bill-accumulative substances, 1. avoiding re-suspension of toxic pollutants and hazardous substances and wastes, and avoiding reentry of bio- accumulative substances into the food chain from existing sources. Again, a beach house does not use toxic pollutants and hazardous substances. The project will use ordinary household chemicals (if any - since it is not a residence), which this policy standard is clearly not intended to address. Neither suspension, no less re-suspension, oftoxic pollutants and hazardous substances nor the discharge ofbio-accumulative substances will occur as a result of the project. Therefore, this policy standard is irrelevant to the proposed project. In summary, it is my professional and expert opinion that the proposed action is consistent with the Town of South old's LWRP. The above review is based, in part, on the survey prepared for Lewis & Helaine Teperman by Stanley J. Isaksan, Jr., L.S., revision dated May 16, 2005, and my familiarity with the site, the proposed project and the surrounding area. If! can provide any additional information or clarification of the above, please feel free to contact me. Very truly yours, Thomas W. Cramer, ASLA TWc/ Enclosures 8 LONG ISLAND SOUND S 8757'35"E 40.01' fltPPROX, H~ Tfl/S DA.TE E:I.. ~_ SHO~R ARfA IT IC-. f:L.! _. WOOD srAif?S _ _W'/}?~lLNG.. _ - 7~D./)fC~'N~ ':)feu.""' #'9"2!,;..eqT!O~ --.'8 n DECK 0.1' f.~OM PROP LlNf _tL 10 'l]'j_a '2 ==.El " _ -:-~a /6 "0; ::l'>=- - ,', ..CO., -='O~ : - 0. -'" - - - -~- - . .m. '1,''{ K i ~"'.~;~'I: ir;$""OfEft'j'-f WOOD STEPS NOlto Sa.. w' Z'\> J' % a '" ~ '; g ~ r hi t! ~ ~ ~ ~ ~ ~ 3'- w&:>*ta:- . , wjRAlL!NG 174, -J !;JA:ZARD' UNE: .!:!..-.-'- .-' fi_4t!.. _ _ _ COASr~ ~~SI?;cS.o::. '" o (") ^ -< " ~l TI[; 1,200'+/ 80'35 ~06.:' A Q U 70 W 62 6 ~ ~ A VIEW A VEN[7'Drf~cf P- erauney prepared by: E STANLEY J.ISAKSEN.JR. Revlslo. dato: May 16, 2llO5 SCTM.l000..11.1-16 ,0' % ..... ~ ~ u; ~ o c -I .\>. 112 N ~ 01 i:Xl t.rj 01, 9 ~~;... .------ Upper Left: View of existing beach house from west. Upper Right: View of existing beach house from east. Middle Left: View of top of existing stairway. Middle Right: View of staiJway looking down. Bottom Left: View of bottom of stairway, looking up from beach. 10 ...... ~ r" ... v' X'. "i.,. ..~ .~ ~"'--.....~ ~ :"a ~ ,- ~\ . .....~ Upper Left: View of vegetated bluff east of stairway. Upper Right: View of vegetated bluff west of stairway, neighboring stairways. Bottom Left: View of neighboring beach houses to west. Bottom Right: View of neighboring beach houses to east. II CURRICULUM VITAE Thomas W. Cramer 54 North Country Road P.O. Box 5535 Miller Place, New York 11764 Office (631) 476-0984 Fax (631) 476-6933 Licensing and Certification: · Landscape Architecture; State of New York Experience: . Principal of, Cramer Consulting Group, Inc.; Environmental and Planning Consultants; Miller Place, New York (6/97 to Present) . Commissioner, Department of Planning, Environment and Development; Town of Brookhaven, New York (5/95-6/97) . Principal of, Cramer, Voorhis & Associates, Inc.; Environmental and Planning Consultants; Miller Place, New York (8/88-4/95) · Deputy Commissioner, Department of Planning, Environment and Development; Town of Brookhaven, New York (4/86-8/88) . Acting Commissioner, Department of Planning, Environment and Development; Town of Brookhaven, New York (7/87-11/87) . Director, Division of Environmental Protection, Department of Planning, Environment and Development; Town of Brookhaven, New York (8/82-3/86) · Environmental Planner/Planner, Department of Environmental Protection & Planning Board; Town of Brookhaven, New York (5/75-8/82) . Private and Public Consultant, Planning and Environmental Issues (9/74-3/87) Significant Professional Achievements: . Numerous Draft & Final Environmental Impact Statements (EIS), list furnished by request. · County Road 48 Corridor Land Use Study, Town of Southold. · DGEIS and FGEIS for the County Road 48 Corridor Land Use Study, Town of Southold. · Expert Witness in Federal, state and local courts. . Extensive work with NYS Attorney General and other state and local agencies. . 1996 Comprehensive Land Use Plan, Town of Brookhaven, 1996 · DEIS and FEIS for the 1996 Comprehensive Land Use Plan, Town of Brookhaven, 1996 . Draft Port Jefferson Harbor Complex Management Plan, 1996 . Central Pine Barrens Comprehensive Land Use Plan, 1995 · Draft New Ordinances for the Town of Brookhaven. 1995-1997. Including but not limited to: Central Pine Barrens District, Bed & Breakfast Ordinance, Marine Commercial District, Recreational Commercial District. 12 · Revisions to Existing Town of Brookhaven Codes. 1995-1997. Including but not limited to: Bays and Harbor Bottoms Ordinance Planned Development Districts (PDD), Planned Retirement Community (PRC), Change of Use lEx pans ion, Sign Ordinance, Historic District, Wetlands Ordinance, Site Plan Ordinance, I-Business Districts, L-Industrial Districts, as well as others. . Computerization of Department of Planning, Environment & Development Permit issuing and tracking system in Building Division, 1997. Computerization and Networking of entire Department, 1997. Computerization oflog-in and tracking applications, 1997. Computerization of Town's Real Property Inventory, 1996. Computerization ofBui]ding Divisions records, 1997. Upgrade and expand GIS capabilities, ]995. . Numerous projects for private and municipal clients as a partner in the firm of Cramer, Voorhis & Associates, Inc., 1988-1995. Specific list provided upon request. Draft and Fina] Environmental Impact Statements. Feasibility and Development Potential Studies. Phase I and Phase II Environmental Site Audits. V isual Impact Assessments. Site Planning and Landscape Design. Archaeological and Historic Studies. Testimony before Boards and in Court. . Town of Brookhaven's application for the Clean Water/Clean Air Bond Act, 1996. · GElS Industrial Rezonings on the Towns Own Motion, 1988. · GElS A-I Rezonings on the Towns Own Motion, 1988. . GElS Commercial Rezonings on the Towns Own Motion, 1988. · GElS Large Lot Rezonings on the Towns Own Motion, 1988. . A ward for Environmentally Sensitive Land Design, Pine Barrens Review Commission, 1988. . Environmental Quality Bond Act, Acquisition Study for Brookhaven Town, 1987. · Town of Brookhaven Land Use Plan, 1987. . Pine Barrens Watershed Preserve, 1985. · Local Waterfront Revitalization Program, 1984. · Open Space Study - Town of Brookhaven, 1984. . Comprehensive Review of Industrial Zoned Land in the Sensitive Hydrogeologic Zone, Town of Brookhaven, 1983. . Coastal Erosion Along the North Shore of Brookhaven, 1979. . Sound Beach - A Neighborhood Study, 1978. . Puerto Escondido, Hoy y Manana, 1976. . Mount Sinai Harbor, A Conceptual Plan, 1975. . Cedar Beach - A Balanced Future, 1973. . Guest lecturer at several colleges and universities on land use and environmental issues. . Conducted seminars and workshops for the State of New York Department of State on land use and coastal management. 13 . . Professional & Other Organizations: past and present · Bo'sun Supplies, President. Mail order & Internet marine supply business. · Chairman of the American Cancer Society Regatta · American Planners Association · American Society of Landscape Architects · American Water Resources Association · National Eagle Scout Association · New York State Pine Barrens Council · New York State Pine Barrens Task Force · New York Planning Federation · New York State Association of Environmental Professionals · Suffolk County 208 Technical Advisory Council · Suffolk County Council on Environmental Quality · Suffolk County Pine Barrens Advisory Council · Town of Brookhaven Conservation Advisory Council · Town of Brookhaven Historic District Advisory Council · Town of Brookhaven Peconic River Advisory Board · Long Island Association Advisory Committee · Boy Scouts of America, District Advancement Chairman · Miller Place Historical Society, Trustee · Moriches Inlet Breach and Stabilization Committee · Mount Sinai Harbor Advisory Committee · Mount Sinai Sailing Association, Commodore Education: · SUNY, College of Environmental Science & Forestry; Undergraduate and · Syracuse University; Undergraduate BLA - Landscape Architecture BS - Environmental Sciences & Forestry · SUNY at Stony Brook; Graduate courses in Planning and Political Science · Suffolk County Community College; Associate Business and Humanities · LIU, Southampton College, Undergraduate studies · SUNY, Agricultural & Technical College at Farmingdale, Specialized technical course work · Other Continuing Education Programs offered by organizations in the planning and environmental fields References: Furnished upon request. 14 CUARANTEES INDICATeD HERE ON SHALL RUN DNL Y 70 THE PERSON FOR WHOM THE SURI/Cy 15 PREPARED, AND 'IN HIS BEHALF TO /HE TITLE COMPANY, GOVERNMENTAL AGEIVCY, LENDING INSTITUTION, IF LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION GUARANTEES ARE NOT mANSFERABLE TO ADDmCWAL INSTITUTIONS OR SUBSEOUENT OHNE'R5. UiI'AUTHORIZ[D AL TEPA TION OR ADDITION TO THIS SURVEY IS A VlOLAT'ON OF SECTION 7209 OF THE /l/EII' YORK STAI[ EDUCATION LAW C"-'PIES OF THIS SURVE)' MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSiDERED TO BE A VALID TRUE COP'( LONG ISLAND SOUND S 87"57'35"E 40.01' APPfWX, HW THIS DATE JV EL..E_ 0<8 SHO~R --- AREA ~PPR~B9T!O~WFF --'de DECK 0" PROM PROP LINE lJ)-EL 10 ___H 12 ELI4 ~n16 0; ]>.- ""-- - -Q)~ . < = -6~ '-- Q- -- ,-"'- - -i:l-- , Pl- - ~c7' . '~PPRO~: TOP""Or"EllUFF WOOD STEPS EL 45 COASTAL EROSION ~ -'-, -'-._~..Ii:. J 9'__ ~AZARD ~~ -.-' 3' w6~E:cr ' W/RAILlNG ~# 1/4, z "- , < o ~ M > w"-' z'" ~N o , t i --J "'. .0' z " 2-STORY RESIDENCE ^ > < m ~ c ~ , ~ ~ WOOD fENCE '" o o ^ -< " o Z -; '" o )> D 11 .2 "" CELLAR ENTR. -J>. U1 . (Xl ~ '" , U1. BLOCf<C~I~ -- jSTONE DRiVEWAY EARTH CONC "ON ATtEQ"200'+/- 80.35 10 W ~~NC VA VIEW 62,6 .~c- A VENVE"c, SURVEY OF DESCRIBED PROPERTY SITUATE EAST MARION, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEYED FOR: LEWIS TEPERMAN HELAINE TEPERMAN SURVEYED: 5 APRIL 2004 SCALE I"~ 40' 1-6' IE (~ l~ ~ I J Jr--- ! ......,\, i!\ " ~ .i I-~...- TM# 1000-021-02-016 GUARANTEED TO' LEWIS TEPERMAN HELAINE TEPERMAN 76 MAY 05 26 APR 05 25 MAR 05 29 APR 04 U .','J 1,:/"" \;/I_,_lf~ ~ _" oj ._~I I j SURVEYED BY STANLEY J. ISAKSEN, JR. PO BOX 294 NEW SUFFOLK. N.)' 631-/34-5835 AREA ~ 12,457.7 SF OR 0.286 ACRES _ _ _ ____:..____..J CHANGE NAMES ON MAP. AOD CONTOUR LINES ON BLUFF, COASTAL EROSION HAZARD LINE UPDATE OECK AREAS BELOW BLUFF LINE. CORRECT STREET NAME SPELlING. 04RIJI! 01/24/2016 07:46 FAX Q4/02i1Gij O~ ,~ FA~ ~2126.':!afl' 1 '; 54 6:'1734 7~6= ....-...... ,.~ ,. ....-...... ,_..~ \ s-.... :.: ~, "'" o t-4 .J~ . l}" ~~ i \ [ , \g, :~ , , "".. ' ,~, ^ ,. .' - "'4' ......., .~ ... .<1 ~ 005/006 ~ vu~/uu, "I~H ',~2 iii' rp ~ ~ _'" . ...j..~.',hhy i \:"'.'"9''' "'wr . 4! 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COIhfSt$1I'I1S~\'f"l""'A1'H:lTK/o1HltG Wt:LA"iD.JtmI4'>'I:lIt$tlol(JOS5rl)srALSWALL tior j(" CONSIOER(D 10 IIC" ""loO TR'IJ{ "'''. ~~~~_w~~ ~ i ~: ':';1 Be J ',f T r; ',: cc~ IilOOB/OOS LONG ISLAND SOUND S 87'57'35"< 40.01' -"lOll. _11450"" K Z 5.3' ~ ~ - 0 0 ~ -, ... '''''''''' """ '/fOOll'srf.,$ -- ..""'IW'!" :].9" ~ 8.B' 32. \ 1. ~~ , > ~ ~ ... .... .0' \ \ ~ ~ ... '" Co ;g '" :.. '<J. ;, ll'iec" ... '... % "'. ..... TIE.. 1,200 +-1_ . AQ 0 570 UA VIEW A VENUE""" SURVEy' Of OESCRISED PROPERTY SIrtJ.lt,TE EAST MARION, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. TMI 1000_021..02_016 SURVEYED FOR: JOANNA GIANNOPOULOS SURVEYED: 5 APRIL 2004 SCALE 1'. -40' AREA _ 12,4.51.'1 S.F. O~ 0.286 ACRES SURVEYED er STANLEY J. ISAKSEN. JR. P.O. eOX 29~ NEW SUFFOI.K. N.r 631-7 4-.5835 GUARANTEED TO: JOANNA G~NOPOULOS LEWIS TEPEIUAAN HELAtNE TEPERMAN CHASE MANHATTAN BANK ROYAL ABSTRACT 29 NJR 04 CORRECT STA<<T /tIAME SPEl..LING. . . , I,' ~ ,'0 [0 rm ..." ,'.i,. L", :::'..--'\'-'~1~ I, . 5 2005 ICI Tel: (631) 765-4330 Fax: (631) 765-4643 ,--.- ,fJ! [ (:~ i\ /' \~., l U L MAY L Somh(jld Town Board of Trustees Margaret Rutkowski Secretary PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 May 16, 2005 Southold Town Trustees P.O.Box 1179 Southold Town Hall Main Road, Southold, NY 11971 Re: Lewis Teperman, MD SCTM#1000-021-02-016 Dear President Krupski and Board: AE/?:/iL In accordance with the Board's request, I obtained an areal photograph taken on 12-22-92 (closest date to 8/91 adoption of ordinance). The areal shows all the structures which exist today and are the subject of the Coastal Erosion Permit. The structures were existing on the date of adoption of the Coastal Erosion Law. The repairs, in kind and in place, are permissible to existing structures. I have also located the prior owner, Mr. Wetmore, in Florida, he provided an affidavit after reviewing the areal photograph confirming that the structures were located on the property during his occupancy from 1984 to 1991. He also described the use of the beach cabana by Salamone. The Salamone family occupied the cabana as a dwelling until the main house was constructed in 1975. As Doctor Teperman existing structures. constructed by prior adopted in 1991. has previously stated, he repaired the The deck, stairs, and cabana had been owners and prior to the Trustee's regulations The revised survey with 2' contours has been prepared by Stanley Isaksen, he placed it in the mail to me today. As soon as I receive it I will deliver it to your office. Your approval of the "in kind in place" repairs to the existing structures is requested. The sta; rs down the bank were not repaired, they are very steep and unsafe, and we would respectfully request that the work be included in the permit t void future problems. ~/ ~Aier yours, ~ atricia C. Moore cc: Dr.Teperman SOUTHOLD TOWN TRUSTEES COUNTY OF SUFFOLK x LEWIS TEPERMAN AFFlDA VIT IN SUPPORT OF WETLAND PERMIT x STA TE OF NEW YORK) )SS.: COUNTY OF SUFFOLK) Sworn to before me this)V~ay of ~2005 J~'J)~ Notary Public 4.. 5. l' d George Wermore, being duly sworn, deposes and says: 1. I reside at 17737 A Lake Carlton Drive, Lutz Florida 33558-6046; 2. My exwife Borbra Wetmore and I resided at 1225 Aquaview A venue, East Marion, rhe property now owned by Tcperman, from 1984 to 1991, prior to our di vorce. 3. Thar while Borbra and I lived in the house we made improvements to the house, repaired and replaced the ex.isting stmctures on the bluff. The beach house was built in the 1950's before the upland house was built by Salamone in 1975. The beach house contained plumbing with an old compost toilet, shower, kitchen, and a living area. Mr. Salamone stayed at the beach hOllse before the main house was built. [ have seen the 1992 Areal photograph and the structures appear as they were while I lived at the property. ~,; George Wetmore R"'''''J.., PATRlClADARIAS ':u.t~ MY COMMISSION # DD356837 ~.... EXPIRES,001Obeo"Ol,2008 I"C:~OTARY Fl. NotaryDiscolmI Assw. Co. EvSv SSl. lES dSv:21 SO SO .J a~~330 mel a~oow Doctor Teperman 1225 Aquaview Avenue East Marion, NY (1) Original water supply well is under the house by the outdoor shower and (2) original dry well under the outdoor shower (I) (2) _c..... Doctor Teperman 1225 Aquaview Avenue East Marion, NY Existing steps and decking is unstable and unsafe and must be repaired or replaced immediately. The access to the beach is in use and is a safety hazard. An application to repair existing structures was filed in February. Photograph of conditions of existing stairs. Doctor Teperman 1225 Aquaview Avenue East Marion, NY The beach cabana was constructed in the 50's, contained an electric and waterless toilet which was replaced with another electric and waterless toilet (Manufactured by Biolet). The Biolet Toilet has no water, composts the waste, and required no chemicals to operate. The only requirement is proper venting. -, .'.u . BioLet Composting Toilets - The Best Selling Composting Toilet in the World Page I of 1 The Best-Selling Composti In The World! I · No \ - · No: .: · No I · No I \ , Award Win ~ ........~ " - - .--- ..-' - - - BioLet's superior d, prominent recognitl toilet to receive a gl Inventors' Exhibitio .. ~ __I ...........~ Copyright @ 2005 BioLet USA, Inc. Last modified: 02/10/05 Zlpwise Zip Code Database ~\SflleSllrl ~ 'M Rated http://ffi'IW.biolet.coml 6/22/2005 Frequently Asked Questions http://www.biolet.comlfaq.htm Page 1 of3 Frequently Asked QuestJ Printer Fnendly Version CQ) Have the BioLet Composting Toilets won any prominent ~ Yes, BioLet's patented composting toilet is the only com I awarded a gold medal at the International Inventor's Exhibition il CQ) Does BioLet have any models that are NSF (National Sani Standard 41 certified? ~ The BioLet XL was previously tested, approved and Iistel Sanitation Foundation (NSF) and the end-product tested was sig the end-product tested from our competitors' composting toilets count of only 3 fecal coliform bacteria compared to a count of 2i for our closest competitor. There is 9 times less fecal coliform b product of a BioLet XL making it much safer to handle. CQ) Are composting toilets approved in my area? ~ Due to the ever changing and widely varied regulations r. disposal, we highly recommend checking with your local health regulations. Many local health authorities and several states ha\i NSF Standard 41 tested and approved composting toilets. CQ) Does BioLet have any models that are FULLY automatic? ~ Yes, the BioLet XL and the BioLet Deluxe are the only co world equipped with an entirely automated mixing system. The ( sold by our competitors require this - for the composting result, be performed manually. The automated process of these BioLet easier for children, elderly and visitors to use. CQ) Do you have to see the waste when you look into the toill ~ No, BioLet composting toilets are equipped with a compc human waste from view and opens automatically when sitting 01 CQ) Is the new waste that is added to the toilet mixed with thE already partially com posted? 6/22/2005 Frequently Asked Questions Page 2 of3 ~ No, in the automatic BioLet models, newly deposited hun decomposed materials are not being mixed together as is done i toilets. This is one of the main reasons that BioLet's end-produc handle. CQ) What makes BioLet's toilets so efficient? ~ BioLet's toilets have a patented recirculating air process maximum amount of air throughout the composting material. Th which cause the decomposition, thrive in oxygen rich environm4 to these bacteria is just like feeding more air to a fire, it's going 1 CQ) Is there anything that needs to be added to the toilet to h process? ~ Yes, a starter mulch is required to promote composting. . essentially a mixture of peat moss and pine wood shavings. Adc each fecal use or 1 quart per person per week will provide the pi and bulking agent to achieve optimum composting. CQ) Where can I get starter mulch? ~ Starter mulch can be obtained from our authorized deale BioLet. You can also mix your mulch yourself using an easy to f owner's manuals. CQ) How often will my BioLet require emptying? ~ Under normal operating conditions, your BioLet will requ every 2 -12 months, depending on usage. CQ) What do I do with the end product when I empty my BioL ~ Although, the end product from a BioLet can be leeched decorative plants such as flowers, shrubs and trees, you should local health authorities about local regulation concerning dispo~ CQ) How do I clean my BioLet? ~ Due to the unique nature of the "bowl" area of the BioLet of waste coming in contact with the visible areas of the toilet. In requires cleaning and for regular hygiene practices, you can cle, sponge style bowl brush and any household cleaner. CQ) Is the BioLet TRULY odor-free? http://www.biolet.comlfaq.htm 6/22/2005 Frequently Asked Questions Page 3 of3 ~ Yes, our toilets are designed so there is a constant flow ( under the seat, and out through the vent pipe. Therefore, ALL oc bathroom odors are expelled to the outside through the vent pip ~ This is fine, but will there be odors outside the building? ~ A properly installed and maintained composting toilet sh more odors than a conventional toilet systems vent pipe. Theref noticeable odors, even outside the building where the toilet is in ~ ~ Do I need a special toilet paper to use in my BioLet? No, any toilet paper can be used in your BioLet. ~ Does the room temperature need to be maintained at a ce BioLet to work? ~ During periods while the unit is in use, the ambient room be maintained above 64F. Whenever the unit is not going to be u days you can let the temperature drop below 64F. Biolet is the Best Composting Toilet ir ....TOp Copyright @ 2005 Biolet USA, Inc. last modified: 02/02/05 http://www.biolet.comlfaq.htm 6/22/2005 Doctor Tepennan 1225 Aquaview Avenue East Marion, NY The bluff is vegetated and stable. The trees cut by Chris Mohr Landscaping and done without owner's permission are alive and showing signs ofregeneration and growth. - ~.....<-;. f'V/ .-,- -..:. :~~~,.-:~ . ~~--....r -~".P .~:.~---' _ .. ~" '~\....-: -~: -... :.- ...~-$1'.!;'J.-." "<L ...!:l...:~;'w. ..1" , . ..*. ~ ':::~~,,-~:w>-... '.,' -..' ~'_..4'~, h-..... . _, ~;,. '~ ' W1!'~~ . '. "'.... ';: ~~: .'1;;........... .,.- ~.. "~,-;'-";- . ~':.. ..~'..... ',.... .'",.~.. .~' '"~''''''' .., '.. .~'.~~\.ll t....;:-... ....._ -;._'" : " ;rj..,~.il-~~~' ,/'j """.J' ....~.. .2 [ ',..~~ . ~.i"""'''':.\: ....-e'. ""]:,' . :'l .... ,'. - ,~.- .:~~ -'. -..... '\..,;.-",' ~-'JI..:S 0\ ...._.~_.. ",- ....t~~C,~~:~;. ~L~.:\J~~ ~:~ ~':"., .::/;?':;~~... 'i~m~~~:,' ~".,~.,. "": . " "':~,~: <...:...., - t:~~T,:!.,; _ .l -~. '.. l"~f. -). ~ y~;~' .,)~.. or ~~."l...~~~.. :. ~ O". '. '.,.. ''-..:~ "~.""""'. .... r" .\.~ .,"~ I -;;::," -'''_~''..';:: ..i~ ':..... -- ..:.... . '-~ ~ ,~ :~ - .::.~'.: ~J" . . ,;"--- .' "l '_1..'i.<71'-~ ',.. '<~~~~'-~~..~~~~~ . ~. ,.~ . ~ri-''-j.~'l,~-",,_ , ." i1 :<:";l'. -; ..~. .~::r:::..'~~.. ,'-."~~ ir .. 1..,.;..~... ..",,",~,':,' ..~.c.oo'~ '; ,., ......... .,. , . ,.~. ;"'>l:~ .IIi . ,..... :..;f'::,. ... 'I '(._,:-:\.,> ..:. .....'......., '.~,/ .. ,,' )..: ~'. t.-.........:,...-,"'. _'... t"~. " ".,-.:..!:,: .,~,,*,-! -~ -"':,'...~'~.'" ~_..~~ . ",,... ~...:. "f' ~ ,- :..... .:t'" ,,- .' :;...;::"" '. " ,.'C' -: ~ 1\,," _~ ..-0-- ;l", , , .' ." ., ~f ,,'. -, '. -"..- 'I , ,;. ..~ . ,. 'j' ., . ," " " - '. "'-li ',' ~ "" " .-\. . .....\ ....;: .' !, -.' '. ~" .... . '.\;. .. ":.":' '..,' ., ',- '~ ..' ~-. .' ,. - r '. :~.~\ .~. .":"_" -. . ;,. .e ., " ~ ~~ ..AI... ......;;-.;,..Ji.'!. --c~ - ", ..,....:. ~,-,!_~. \ct'!:.; ;_,~-::~~"\. .~ ~: ~~-''''''''~' '~~~~[?i: ..", "':-~i'~-" - .... '\ /~k";;..', ., II . ; . ! \'1', . '~. .- :'l ';." i ,.., _:. ,~' , , ',' , . , .\',;" ~ .'~' !: ~ " :,'~~'" ..- -- ~ ~. , ,.~;.:~ ;~:. -\ ~,., T~-x. ... .. ..... 4" '. ~ " ...~ .~~ '.. ",.". .~... - ~.' " .,---;;' . .' ~ "'. -' -..~', ~' - . regi weile architect 905 aquaview, east marion, post office box 223 e~mail vreglweile(cyaol,com newyark,11939 631 477-9735 MEMO TO: Southold Board of Trustees Re: Amendment to 23 August 2006 Proposal Teperman Residence Shed 1225 Aquaview Avenue, East Marion SCTM # 21-2-16 OCT 2 4 2005 From: Date: Regi Weile, Architect 18 October 2006 As discussed at the Trustee Work Session of 23 August 2006, the Owner offers the following Amendment to Proposed Work to bring the Shed into Compliance: 1. The two North facing existing windows shall remain. The French Doors shall be removed and its opening closed off to match existing shingled wall. 2. The electrical panel and lines serving this panel shall be removed from the interior of the shed. All electrical service to appliances and those appliances shall be removed. Existing Electricity for the exterior stair lights run from the main House panel shall remain. All Electrical work shall comply with applicable codes. 3. The outdoor shower shall remain. All interior plumbing fixtures and vents shall be removed. 4. The Architect has attached drawings of the Shed and its Decking along with a Survey of Property from 2004, previous to alterations, and a current Survey. This submission is intended to ameliorate the Shed Structure compliance only. END OF MEMO . -. fl ~ -i-- r "..,.,~I r r - - - -T L _+___l ~\ ; ! ; , " , " \ --) \-, ~~ :& '" oc- 2' crr~ I l~ t0v0 ;f r .~ ~f ~I"- ~i ~- ~~ \Ii) ~~ , , /\ / ~ it>... D. u\ ::1 ..... ~ 1"~g~l- ~ .\ . ='" 0....-. ! ! : : i.. ......-1 :'1 I' \~'. '! < \Li II " \\'ii11i II I"if,! ~ 'i , +---;;;-:-;;-- ,,-, ,Q I [~-Ir tiT i I-J / / ~" li 4 :ss ill \S 3: -- " if ~ ~ :J: ~ ;q . -t--"g:l> i -f I I~ ~t "'t'l i> ~ I j~~ ~~f <C ~ _.~~-~----- ,,&-17 ".., t.. "'" I..", ~ ~ ~ ~ I~ '--\ ~.~. I ~-~ ~- "0 "' =j \l.: = , / I / / /0( t ~ ~ ~ >-- ~ u: ~ ~ '" ~ ~ ~ '"' ;S ~ ---~-'-"---~--'-"'-'- ---------- --- ---------- - - -._-- regi weile architect 905 aquaview, east marion, post office box 223 e-mail vregiweile@aol.com newyark,11939 631 477.9735 MEMO TO: ' Southold Board of Trustees Re: Amendment to 23 August 2006 Proposal Teperman Residence Shed 1225 Aquaview Avenue, East Marion " SCTM # 21-2-16 SeD 1 f) .0 ~ L: ! ,_ Lee" From: Date: Regi Weile, Architect September 2006 As discussed at the Trustee Work Session of 23 August 2006, the Owner offers the following Amendment to Proposed Work to bring the Shed into Compliance: 1. The two North facing existing windows shall remain. The French Doors shall be removed and its opening closed off to match existing shingled wall. /ftre OwReF6 FElqu6$ltod cullslderatlon ibr a wI! ,JON, mateAiA@ tt:leee 9l(i91iA@ be- iru:.h:aUAt'I 9+ tRB 6~g"ill\:l. I 2. The electrical panel shall be removed from the interior of the shed. All electrical service to appliances and those appliances shall be removed. Electricity to the exterior stair lights, shed lights and....- . "i1i'r iQ'i.:lll :. ,~_. :el lights shall be run from the Main House Panel. Electrical work shall comply with all codes. 3. The outdoor shower shall remain. All plumbing fixtures and vents shall be removed. ("AC(S c\n I) ,f>;'.1 ':lrl~ f 0 '''''"H'tl " 4. The Architect has attached drawings of the Shed and its Decking along with a Survey of Property from 2004, previous to alterations, and a current Survey. This submission is intended to ameliorate the Shed Structure compliance only. Deck size compliance for the entire Property will be considered under a separate submission. END OF MEMO T-, -ti " I-~I ~~ ~ - I I nr ~ - I l;- - I f" " ~ (i).... ~ ~~ I '~~ <; ~I '!' 't ...., <:i; ~ ~ ~ 7t= 'Q '5' , 8 .~ "'" R -; ~, \" / ~ISIl 11~." -21-31' &'(,)1 ~ :>: '" ~ I I I I I I J t~ . I I ~ 1 I "1:8'_+- I I I I i i , I" I .- "C'" .... .... ~ '" t 1 ~.: ~ ~ 'C ~ "I ~ - I T - I I ~ '>- r' ,I , ... ;9 l..! ~ ~~,A l~ 0 t ' ~.. . *... -- . _ ('>7.' ""' '" 0- Ii: .=. '" ~~ ..i j~l ..~ ~~J! :---t-j , j~-- ...J '5.'.~" ._~..__. ~ 4 - 11'-81' ~- 1: 11.!,.~II. r. ~ I, 11 / ... / ... ... 1 GUARANTEES INDICATED HERE ON SHALL RUN ONLY ;"J THlJ PHRSON FO/? WHOM THE SURVEr IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCT, LENDING INSl'ITUTlON, IF USTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION GUARANTEES ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATfON LAW COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEmRS E'MBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COP}" LONG ISLAND SOUND S 87'57'35"[ 40.01' APPROX x EL_8_ E" SHOWER - - - AREA --8' orelJ,lff ......PR~eq'!ml_ ~EL8 DECK 0.2' OVER THE PROP LINE 11'& 10 __.:... EL 12 ::-~IJ:J~ ::ct:- ;J>.~ -0>.- -6~ Cd- --~ m- ol :2' . "APPROX: ToP-ofSLUff WOOO sTEPS EL 46 COASTAL EROSION _.-r::.': -.-.-s........ ;]_9~ ___ HAZA~ L!N!.- .-"-" 3' wo~tcr . W/I<A1UNG ~ 77.4' < '" < o ~ ~ - Z-I> O. 1'.J 5 A1 i ~ o 2_STORY RESIDENCE ~ < m ~ o c .0' z '" - o < ~ 3 ~ --l -1>, Al o " ^ -< " o Z --; Al o )> o .2 N cELlAR ENTR -J>. (Jl co <ri (Jl N (Jl -..\ -..\ CO. EARTH/STONE DRIVEWAY coroC MON. TlE: 1.200'+/ 80'3 coNG AQUAVIEW510 W 62.6 ":~_ A VENUitNCt SURVEY OF DESCRIBED PROPERTY SITUATE EAST MARION, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. TM# 1000--021--02-016 GUARANTEED TO LEWIS TEPER MAN HE LAINE TEPERMAN 16 MAY 05 26 APR 05 25 MAR 05 29 APR 04 SURVEYED FOR: LEWIS TEPERMAN HELAINE TEPER MAN ~ SURVEYED: '5 APRIL 2004 SCALE 1"~ 40' AREA = 12,457.7 S.F. OR 0.286 ACRES CHANGE NAMES ON MAP. ADD CONTOUR LINES ON BLUFF, COASTAL EROSION HAZARO LINE UPDATE OECK AREAS BELOW BLUFF LINE. CORRECT STREET NAME SPELLING. JR. regi weile architect 905 aquaview, east marion, post office box 223 e-mail vregiweileCq;dol.com new york, 11939 631 477-9735 Memo: To: Southold Board of Trustees Re: Teperman Residence Shed 1225 Aquaview Ave. East Marion SCTM 21-2-16 Trustees Letter of December 21. 2005 AUG 2 j 2006 From: Regi Weile, Architect I L~h l_ ________._...J Date: 23 August 2006 The Owner of the above property offers the following to comply with Governing Codes as requested by the Board of December 21, 2005. 1. The structure shall be used for storage only and not for a dwelling. 2. The following items shall be modified or removed from the Shed structure: a. The portable toilet and its vent; the sink at refrigerator unit. [The outdoor shower and its small lavatory shall remain]. b. The air conditioner and the small refrigerator unit shall be removed. c. The glass patio doors shall be removed and the opening shall be reframed to allow for installation of a window to match the existing. d. The windows on the north fayade are StormWatch hurricane resistant units complying to code requirements and will remain. All Sheds on this cove have North facing windows for light and ventilation. [see attached photos] c. The westerly stair to the shed shall be removed. 3. Plans showing the size and dimensions of this structure shall be submitted for approval along with a current survey. 4. Final interior and exterior inspection will be requested upon completion of the above work. [Trustee inspection or Building Department Inspection?] If the above scope of work is acceptable to the Board of Trusteeli the Architect and Owner will proceed with work in a timely fashion. END OF MEMO r 'l' . / SOUTHOLD TOWN BOARD PUBLIC HEARING ' r i'_-" .\ JUN 2 9 2006 June 20, 2006 9:00AM. ~)r' ,J: :-, - ,: ">1" ," '-" .,;: (" :il!:'J€6S COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that the Town Board of the Town of South old hereby sets JUNE 20,2006 at 9:00 a.m., Southold Town Hall, 53095 Main road, Southold, New York as the time and place for a public hearing on the question of appealing the determination of the Southold Town Trustees dated December 21,2005, which decision denied the application of Dr & Mrs. Teperman for beach house repairs as built and proposed. The property in question is identified by SCTM# 1000-21- 2-16. The application was denied under Chapter 37 (Coastal Erosion Hazard Areas) of the Town Code. A more detailed description of the above mentioned application is on file in the Southold Town Clerk's Office, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. I have notification that this has appeared as a legal in the newspaper and it has appeared on the Town Clerk's bulletin board outside. I might just mention that this hearing was originally scheduled for May 23'd, at that time it was adjourned at the request of the applicant and put on the agenda or requested for a later date and today's date, this moruing at 9:00 is that date. SUPERVISOR RUSSELL: I anl going to open up the floor for public comment. ASSISTANT TOWN ATTORNEY CORCORAN: I would suggest for convenience that the Board consider adopting the record below and incorporating into the record of the appeal including the minutes and all exhibits that were introduced at that hearing. COUNCILMAN WICKHAM: I might add that I have all of those records and commentary are in the file here but it is really too voluminous to read at this date. WILLIAM MOORE: William Moore, attorney for the Teperman's. Good morning. Let u meiust begin by sharing with you some infOrmation that you can folloW lIIong with, I appreci~te your suggestion on the record. That was going to be my request as well, so I join in yours. I have one set of photographs in color, so you can see the property area that we~are talking about. And then a folder for each of you with some of the information that will be helpful as well. Let me begin by saying is that what we are appealing here is actually the granting of a permit. The decision the Trustee's granted the permit under coastal erosion and then imposed a series of conditions. So for clarification, we will stick with affirming the grant of the permit but we will adjust our comments and our concerns with the conditions imposed. If you look at the property and we are talking about Aquaview off of Stars Road and Rocky Point Road up in East Marion; high bluff area and historically, down on that beach along those properties have been since the 30's and 40's and throughout, a series of beach cabana's. The photographs that are in that record and are here show that. In fact, there is seven of these beach cabanas down in that area, of which the Teperman's are now the owners of one and the upland house. This says these cabana's were built back in the 50's and sometimes earlier. The subject property of the Teperman's, the cabana actually at one point served as the first dwelling on the property back in the 40's and the 50's that cabana was used and it wasn't until 1975 that the house was built at the top of the bluff. A little bit of trivia, it was the house that was owned by the star of Bonanza, Lome Green, so you are familiar with the property. The Ponderosa. As I said, what we are talking about here is the Trustees granting the Coastal Erosion permit for the structure and a lot of testimony was gone back and forth in that record but the bottom line is, in their decision the Trustee's acknowledged the historic existence of the structure and in the basic footprint that was there. That is not up for discussion or question by us. The Trustee's focus was more on the use of the structure and historic use. And I make more of a lawyer's argument at the moment that is not really the subject of the Coastal Erosion law. The Trustee's reflected the concern of what was inside the structure and how it was going to be used rather than the fact the structure was there and yet in their decision, they acknowledge the structure. So I can tell you this, in reading the comments from the hearings below, there was great concern that this had been used as dwelling and could continue to be used as a dwelling and I offer to the Board now that in lieu of the conditions, if you look in the folder I presented you, the first document in there is the decision. Page 2 of that decision sets forth a series of conditions and what the Trustees did was deny the application for the as-built beach house, turn around and granted the Coastal Erosion permit; classified the structure as a storage shed and then imposed a series of conditions saying remove all of these various things. The plumbing. In the premises there is a state of the art compo sting toilet replacing what used to be there back in the 30's and 40's, it was actually a toilet and there was a rudimentary sanitary system. There was even a well down there on the beach. The well has been capped off and closed. Water is brought down from the house above, as it is in all the cabanas up and down the beach there. And there is electric there, as has been since the 40's or so. But these conditions, A through F, if you look at them reflect more on the use and not the structure because I said the Trustees authorized and granted the structure to remain there with these modifications. So my first, my offer or suggestion to the Board if the concern is that it might be used as a dwelling now or in the future; we would be happy to impose a condition on the permit that was granted denying its use as a dwelling and to go so far as to impose a covenant on the property so that anybody buying the property would know it cannot be used as a dwelling. No sleeping quarters. It is simply down there, what had been has been replaced and removed. There was an old kItchen in there with a stove. The stove was removed, it was unsafe. There was a sink in there with running water; there is an outdoor shower. As I mentioned before, the toilet was removed and put in the biolet, the Swedish biolet composting toilet is in there and we would be happy with a permit that restricts and prohibits it as a dwelling space. That is not the intention, it is not its use and that would be perfectly satisfactory with us. As I said, there has been and continues to be electric service down there and water and that is it. It is not used for anything else but a summer respite from the sun. They did throw in, for her 85 year old mother, a through the wall air-conditioning unit. Makes it comfortable for mom out of the sun when you are down there. It is quite a set of steps to go from the bluff down to the beach. That may seem a little excessive but it is there for her comfort and convenience. Again, we are talking about the use of the structure. No sleeping quarters, no cooking facilities. Weare not talking about stoves and any attempt to try and make this a second home on the property. I have Tom Cramer here. Tom has been a consultant for the Town in the past and Tom presented information, testimony to the Board then and he has some comments and observations about the conditions imposed as they relate to the Coastal Erosion law. I will just take you through before I have Tom speak. The other documents in your file for information is a survey of the property showing existing conditions, there are historical surveys in there and like I said, the Trustees didn't question the structure. We had aerial photographs presented, we had in here is a survey dating back to 1973, so the structure has been there. There is no disputes there. We have affidavits from neighbors and former owners as to the existence of the structures. At this point, I would ask Tom to come up and make some observations. His cv is in the file there for you and his professional report with regard to L WRP and the Coastal Erosion law are there for you. Thank you. THOMAS CRAMER: Good morning. For the record, my name is Thomas Cramer, principal firm of Cramer Consulting Group. The office is at 54 North Country Road in Miller Place. I have for the Board copies of some letter reports that I had done. The first one was dated back in. . .. JUSTICE EVANS: I think Bill went through that. MR. CRAMER: November 24th. Okay. And then subsequent to that, Ms. Moore asked me to take a look at the decision by the Board and I also prepared a letter report. I have copies here which I will hand out. Just for the, a little bit more on my background, I was as Bill stated, I have been a planning and environmental consultant to the Town of Southold in the past. I also was the director of Environmental Protection, as well as the Commissioner of Planning and Environment for the Town of Brookhaven. As such, in those capacities I developed and was Chief Executive officer for the implementation of the Town of Brookhaven's Coastal Erosion hazard area program, as well as the LWRP. I have worked with the Department of State as guest speaker in several of their workshops with regard to both of those programs. So I am thoroughly familiar with the ordinance. The state's part 505, the Coastal Erosion now with the local waterfront revitalization and coastal erosion is the basis of the Town of Southold' s ordinance, so again, I am very familiar with all of the programs. I took a look at the resolution that was-M1opted hy thR__ Trustees and there was nine whereas', where they discussed why they granted this permit and why they put the conditions on it. The first four basically went into that the Trustees reviewed the project and did field inspections and took testimony. Numbers five and nine both dealt with the Town of Southold's LWRP and stated that it was inconsistent with the L WRP. In my professional opinion, it is not. And most of the, there was no analysis provided, it was just a listing of these policies. The November 24th letter goes into details as far as each one of those and I won't repeat them at this point but most of them were found to be really irrelevant because this was a existing structure on the site, it was not new construction, there was not a proposed increase in size than what was there originally. The sixth one stated that it was in, it was a historic structure and recognized the uses on the particular property. Number eight went on to say that the structure underwent extensive rebuilding and it was not considered ordinary cosmetic repair. This statement itself is unclear as far as what that meant because no where in the Town's wetlands ordinance nor the Coastal Erosion hazard ordinance does it talk anything about that. However the Town's Coastal Erosion hazard does define normal maintenance, which this would fall under. There was testimony put on the record with regard to the status of the uses; there was the previous owners provided testimony to the uses that were on the property, however there was a number of residents that, well, walked along the beach and said that there was a change in it. Certainly there was a change, there was windows replaced and things like that and different siding put on. However, this could be considered under the periodic repair and maintenance of the same kind of structural elements and protection that is included under the definition of normal maintenance. In addition, under Chapter 36, they talk about activities that are specifically allowed within a bluff area, which this structure is located on and it talks specifically about non-major additions to existing structures are allowed on the bluffs pursuant to obtaining a coastal management permit. Although noncmajor is not defined in the code, major is. And they consider major additions of structures being greater than 25 percent of the existing ground area coverage of an existing structure. So they don't even go into uses, it just talks about the square footage of the ground area coverage and as stated in the record and is recognized by the Trustees, this structure existed into the 50's, we have aerial photos which I don't know whether Bill provided but I have copies, one copy for the Board here from 1976, again in 1993 and 2000 that show the structure essentially in its current configuration on the beach and I will hand in a copy of that for the record. The seventh whereas states that no residences are allowed within the coastal erosion areas. This is not the case. Nowhere through the ordinance does it states that residences are not allowed within the coastal erosion hazard area. In fact, nowhere in the ordinance is there mention of residence, homes, houses or any types of structures like that. They specifically talk about structures, so as far as saying there are no residences allowed in it, this is incorrect. In fact, the ordinance does allow for the continuation of existing structures in the areas. Depending on which natural erosion protection feature it is in does it relate to how it can be maintained. But for bluff areas, as I said before, existing structures that relate to non- major additions are allowed within the bluff area. UNIDENTIFIED: (Inaudible) MR. CRAMER: This is, the structure is on the bluff. The definition of the beach goes up to the toe of the bluff, so the structure, If you look at the survey, shows the bluff lme or the beach line ruuning right across in front of the structure. So it is considered the bluff area. The beach would be in front of the toe of the bluff. COUNCILMAN WICKHAM: Is it one of these pictures? MR. CRAMER: No. In the survey. The survey shows the toe of the bluff and essentially cuts in front of the structure. COUNCILMAN WICKHAM: Is it the bottom one? MR. CRAMER: Yes. The toe of the bluff.....ifyou look at the survey, the survey clearly shows the toe of the bluff and the structure is set back into the bluff on the bluff and it runs right in front of the structure. But again, this is the, as Bill stated, the Trustees did grant the permit for it and it does fall within the bluff area as defined. There is probably the boardwalks extend out onto the beach area but not the deck or the structure itself. Again, as previously noted, they talk about the removal of the plumbing, the plumbing vent, including the portable toilet, all utilities; appliances, electric, air-conditioner, glass, windows and doors on the north side of the structure. Yet they also exclude the shower in part of their approval, so the approval is even contradicting. In one place they say you can keep the shower and the others say you have to remove all the plumbing. Again, these types of uses do not effect the erosion of the, they are already existing, they do not affect potential erosion on the site because they are existing and they are allowed within the ordinance of the town. That pretty much covers it. Again, looking at the structure, it is, it has existed. The ordinance does allow for it, the ordinance specifically talks about existing structures and the increase of them being the footprint of them, not the use under the erosion hazard area. If the Board has any questions, I would be glad to try to answer them. COUNCILMAN ROSS: Was this an as-built application? MR. CRAMER: Yes. COUNCILMAN ROSS: And prior to the application, was the structure removed? MR. CRAMER: No. The structure remained in place. COUNCILMAN ROSS: I note in the Trustees whereas, they note that a new foundation was built. MR. CRAMER: I don't know whether new pilings were put in or something. Maybe Bill can speak to that. . MR. MOORE: This was an existing locust post foundation. Additional posts were put in to sister or marry up with the existing ones that were there. u___i::QUNCILMAN ROSS: Was the structure replaced? MR. MOORE: No, this is an as-built, replaced in place and in kind, with elements, it was resided, not shingled but re-roofed. The footprint remained the same, the posts are there, you know, it was rebuilt where it is. Let me just answer a question for Tom (inaudible) if you can have it, what we are looking at is the Coastal Erosion law and its underlying purposes. And I have provided you a copy of that statute, which is our own Town Code, the purposes of the law. What I had asked Tom to comment upon in his opinion (inaudible) structures and the impacts of structures on erosion, not the uses of the structures, do the conditions imposed by the Trustees decision in any reasonable way advance the purposes of the law and Tom, I ask you to comment or answer that question. COUNCILMAN ROSS: My question really goes to whether before the permit was issued, if the structure was taken down to the posts; in which case, there would be no structure there and your 25% addition would come into play. MR. CRAMER: Okay. As I understand it, the structure was not removed, it was just strictly repaired in place. COUNCILMAN ROSS: So the Trustees 'whereas, they found a new foundation for the structure is incorrect? MR. CRAMER: As Bill said, there was existing locusts posts there and they provided additional posts underneath to sister the existing posts. As I understand it, they were not removed, the structure was not removed. It was essentially repaired in place, which is provided in the ordinance for existing structures. And again, the only thing that would not be allowed is major construction, which is expansion of the footprint area, the ground coverage area greater than 25%. We could have gone up to 25% and still been a permitted activity within that area, however, that didn't occur. It is essentially the same footprint has just been repaired in place. ASSISTANT TOWN ATTORNEY CORCORAN: I have a question about the bluff (inaudible) an important legal question. All development is prohibited on beaches.... MR. CRAMER: That is correct. ASSISTANT TOWN ATTORNEY CORCORAN: On bluffs there is a slightly different standard. I am reading the definition of bluffs here and in the law it says a bluff is any bank or cliff with a precipitous or steeply sloped base adjoining a beach or body of water. Can you show me, you know, aside from the survey that says it is on the bluff, can you show me a picture that shows that it is on the bluff? Under that definition. MR. CRAMER: If you look on either side of the structure, the toe of the bluff stops just at the seaward edge of the structure. If you continue across... ASSISTANT TOWN ATTORNEY CORCORAN: Where is the precipitous, steeply sloped base? MR. MOORE: This structure is cut into the bluff behind the structure and unfortunately I didn't provide a photograph of that. I would be happy to add it if you like, from behind the structure. There is a retaining wall behind the structure showing that this thing is set back into the bluff area and the Trustees didn't make any observations or findings as far as it being on the beach and prohibiting it... ASSISTANT TOWN ATTORNEY CORCORAN: Well, yeah, but this Board is going to have to make that determination. MR. MOORE: I understand that. I will be happy to provide that photograph if you like. ASSISTANT TOWN ATTORNEY CORCORAN: I am seeing it sitting on a fiat area, that looks like it is the beach. MR. MOORE: I can show you where it is. MR. CRAMER: Does the code speak about the top of the bluff, the bottom of the bluffi ASSISTANT TOWN ATTORNEY CORCORAN: It says the water ward limit ofa bluff is the landward limit of its water ward natural protective features. (Inaudible) MR. MOORE: I have a similar picture but this shows the retaining wall and the bluff coming down. . . ASSISTANT TOWN ATTORNEY CORCORAN: But the steeply sloped part IS landward of the structure. MR. MOORE: It is cut back in, the slope continues down on either side of it. COUNCILMAN ROSS: This is fiat. MR. MOORE: No, this is cut into.... I would encourage you to go out and take a look at the site. That is probably the best.... PATRICIA MOORE: I am the artist and I was part of the application initially. If you look at, if you do a diagram where you are doing a diagonal, there is a retaining wall behind the and existing, this was all existing from the beginning. There is a retaining wall behind the building. There is about a foot, I would say between the retaining wall and the beginning of the back wall of the cabana. If you were to take and I think what Tom is trying to describe is that you are taking from the surveyor's, the toe of the slope is defined by the survey. It is actually bisecting, if you were to take a straight line across the building, you would actually have the toe of the slope being bisected by the building. __~~uJ1.ave to thiIIicJJfJ1. as aliiagonal cut into the tot: of the slope. Thalis the way it was built in the 30's, 40's. That is the way it stays today. COUNCILMAN EDWARDS: So the structure itself was entirely seaward of the retaining wall? MS. MOORE: Yes. Yes. Thank you. Sorry, I had to put those words together so I could answer the question properly. MR. CRAMER: And as the photo shows, the retaining wall is relatively low and it is set back; the retaining wall is maybe about 2 foot high, drops down and then the structure comes out level and sits maybe about 4 feet up above the toe of the bluff and on either side of it the bluff comes down on the sides of it and the toe of the bluff extends out, so there is a grade underneath the structure itself. The slope coming down from the top of the retaining wall down because if it was to be made flat, the retaining wall would have had to have been like 6 feet tall or so but what it does is just the small retaining wall comes down, the structure comes out flat and on either side of it the slope comes down to where it meets the beach. And the, as shown on the survey, drawing that line straight across between the toe of the two slopes on either side is really the toe of the bluff and the beach sits out in front of that. But getting back to the question that Bill asked me with regard to whether these uses that occur whether they are impacting on the ordinance or not. They are not, they don't relate at all to the coastal erosion, they are not going to be impacting the potential erosion of the site, whether you have electricity in there or not. The toilet in fact, from what I understand the original toilet was essentially an outhouse. The new toilet is a self-contained, composting toilet that does not discharge anything into the system. It is essentially a composting toilet and you know, you create dirt at the end of it. The ordinance does talk about the purpose of it and it gives some five points, A through E under section 37-4, talks about the establishment and procedures for minimizing and preventing the damage to structures from coastal erosion hazard and protecting natural features and other natural resources. Again, the structure has been existing, there are provisions in the code that allows for the continuation of existing structures provided that it is not considered a major structure, which in this case is what is being proposed. Again, talk about regulate, coastal areas subject to coastal flooding and erosion, land use development activities so as to minimize and prevent damage or destruction of man-made property, natural protective features or other resources to protect human life. Again, this is not a residence on the beach, this is a beach house that is consistent with the uses in the area and it is a historic use, again, allowed under the code. Regulate new construction or placement of structures in order to place them at a safe distance, again, this is not a new structure, this is an existing structure. There was talks about restricting public investment and services and to encourage new permanent development that is likely to encourage new permanent development in the erosion hazard area. This is not a public investment or a service for services or facilities. And the final one is to regulate construction or erosion; protection structures in the coastal zone subject to serious erosion to assure when the structure of coastal protection structures, this is not a coastal protection structure this is the existing structure. Coastal protection structure talks about bulk headings and things like that, which is not the case. Agam, and It also IS supported m the Imdmgs presented as part 01 3/-) and 1 won't go m . to each one of those. MR. MOORE: Tom, is it fair to say then, what you just compared, to find it for the purposes of the law with the conditions imposed, do the conditions imposed advance or achieve the objectives of the law? MR. CRAMER: No, the conditions that were imposed do nothing to affect the potential erosion of the site. The structure is allowed, it was recognized as a use. To remove the electric and appliances and things like that do nothing to further protect erosion on that particular site. MR. MOORE: Thank you. JUSTICE EVANS: Can you address the stairs on the west side? MR. MOORE: Pardon? JUSTICE EVANS: The stairs on the west side (inaudible). MR. MOORE: The stairs replaced, there is an earlier survey, I am not sure if it was in the packet that I gave you or not but in the record there is a survey. The deck at one point stuck out as a spur and the outdoor shower was on the end of that deck. These steps replaced that small portion of a finger deck. If the Board was of a mind, we could remove that set of stairs and that was one of the conditions asked of by the Trustees. We could do that as well. There is two sets of steps that goes down from the decking down to the beach. Certainly we could remove that westerly one. JUSTICE EVANS: (Inaudible) MR. MOORE: If six is the westerly steps then I agree with you, Louisa. Again, the point made here was that the permit was granted. It acknowledges its location on the bluff, not on the beach. At issue was the attempt to put regulations, which really address the use of it, it's a historic use-that was acknowledged. No one has said it didn't exist. Surveys and aerials show that the footprint was not expanded upon and all that we are asking is that the permit be affirmed and that these conditions, which relate more to its use or specifically to its use and not to the structure, be eliminated. COUNCILMAN WICKHAM: Is it fair to say that the construction was done without a permit? MR. MOORE: That is true. One of the things that was presented to the Trustees and not a lot of attention was given to this is whether or not this fit within unregulated activity. You could argue maintenance repair, in kind, in place and not, instead the applicant came in and said I will come before you and seek a permit. And the permit was granted. You ____know, tl1~_(;()l1ditions \Vere imp()sed but the permit was granted. But you are right, that could have been argued. COUNCILMAN WICKHAM: When was your firm called into this? At what stage? MR. MOORE: We have a whole cadre of wonderful contractors out there who can come and do all kinds of neat things for you and don't mention that you do or don't need permits and certainly coastal erosion permits don't even fall within the thinking processes of a lot of the guys doing work. So Pat was retained, this was after the fact. I will tell you that there was a concern, neighboring property owners had hired someone to do some yard maintenance and clearing and this fellow came into this property and began cutting down trees. And the Trustees were rightly upset, a whole number of cherry trees on the bluff were chopped down, you know, significantly and Dr. Teperman and his family were scrambling, they hadn't hired the guy, he (inaudible) doing stuff. I can happily report, I was there yesterday and there has been a rebirth and a re growth, Jay Cichanowicz did an entire planting plan on the property but the bluff has active growth, up and down. I do encourage you if you are interested to see the site, go take a look. COUNCILMAN WICKHAM: Can you tell us about neighboring cabanas along the stretch? MR. MOORE: There are, I don't profess to have been inside of them or to tell you. There are 7 of them, been there since the 30's, 40's and 50's. They have been rebuilt over time. I know that at least one of them has sleeping quarters for as many as 8 people but I can't say which one that was, it is not ours and like I said, we have no request or desire to make this a dwelling. It is not to be overflow housing for the upper house. It really is just a cabana for respite from the SUll. So the use, I appreciate the concern that the Trustees reflected on the use but they did acknowledge the historic existence of this structure. It is not a case where a structure came in. I will make one observation. There were some comments at the last, at the hearings before that a shed was on the property and it has been tom down. In fact, there was if you look at the '73 survey in here, the beach house and a shed. The shed is gone. So if there is any confusion about what might have been there before, there was an old shed there and that is gone. But the beach house remains and the footprint remains. It jives with the... COUNCILMAN WICKHAM: When was the retaining wall put up behind the cabana? MR. MOORE: That was original. This was nota new thing that we put in. That was there. In fact, it was all covered. It was overgrown completely and a small decking area from the retaining wall to back of the cabana was there, totally covered in brush and rubbish. COUNCILMAN WICKHAM: Was this also fixed up at the same time? MR. MOORE: The retaining wall was fixed up... COUNCILMAN WICKHAM: Excuse me? Was this also fixed up at the time that the ~ cabana has recently been upgraded? MR. MOORE: Yeah, that was all done at the same time. INAUDIBLE MR. MOORE: It is all part ofthis application, so UNIDENTIFIED: The retaining wall from the photograph clearly (inaudible) on the structure, seaward. MR. MOORE: Right. It wraps around it. Yes. And that had been there before, it was going to be a replacement. Whether that fits the replacement in kind, as being okay without a permit but they came in and asked for a permit anyway and that has not been denied of them. The real question here was the conditions imposed on the use. I question, those conditions don't have any reasonable relationship to the objectives of the code. That is the issue. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this issue? COUNCILMAN WICKHAM: On a really high tide, how high is the tide relative to the foundations or the footings for the floor area of this cabana? INAUDIBLE MR. MOORE: I suppose, I mean, it is not a dwelling. We recognize that, it has been there since the 30's and 40's so whatever (inaudible) have come their way, they have weathered them and it is not going to be a dwelling space. NANCY SAW ASTYNOWICZ: Nancy Sawastynowicz, East Marion. Good evening or good morning. First of all, I would like to know why this is in the morning. I am here to say, so is there a reason for it at 9:00 in the morning? COUNCILMAN ROSS: We traditionally have these hearings from appeals from the Trustees (inaudible). MS. SAW ASTYNOWICZ: Thank you. Okay, thank you. First of all, I have a copy of the survey that was submitted by the Teperman's to the Southold Trustees and it is from 1975 and on here it says no toilet. So this is (inaudible) and they keep saying it was there. That was a survey. The surveyor had nothing to do with favoring them or the Town. This is an unbiased opinion and it is from a surveyor. So I started walking this beach 12 years ago and back in the fall of 2004, that little cabana was totally taken down and it was taken down by, I am not sure of the men, they said that the construction people moved to Florida, that is why I am shocked when they said they could bring them in and they could talk because when we asked who built it, they said oh, we don't know, they .n___leftJor Florida. v.,r ell, it is am~zing. They came back and they startecl workiIlg on the _ stairs. I have a picture of the little trailer that took away all the debris, their license plate number and this is for the record because they keep saying these people are in Florida. Well, they were working on the stairs and I am not sure who they are but I am sure Southold Town Police can run a test on this license plate and get the name of the people that built this house. They tore this house down and they took it in this little trailer. . . COUNCILMAN WICKHAM: Excuse me, I just don't follow this. What you are saying is, the place was removed.... MS. SAW ASTYNOWICZ: Yes. Totally removed with this little trailer, piece by piece. COUNCILMAN WICKHAM: When? MS. SAW ASTYNOWICZ: In the fall of 2004. This is a picture of the trailer that did it. The trailer was the guys that did the house. They are saying that they don't know who the construction company was, they moved to Florida, because the Trustees asked to talk to those people... COUNCILMAN WICKHAM: In other words, the application that is before us and work that has been done, although it is in the name of the Teperman family, actually that family doesn't know how that work was commissioned and paid for and all of that? Is that what you are saying? MS. SAW ASYTNOWICZ: When we were at the Trustee meeting, yes, they said they don't know who the construction people were, they went to Florida. Because they asked who built it. Whoever owns this trailer is who built the house because they are the ones that moved it away, every time they would take a part of the building they would put it in this little trailer and then it would be gone. And then, I would walk this beach and I see this huge, there is nothing there, they built into the bluff a big cement thing, I don't know what it was called. Then it was like, the next thing I walked down there, there is this huge, big house and it is not a cabana, it is bigger than my rental. It has, let's see, it is 15 from the rack line, that is where the high tide deposits the drift wood. It is on the beach. It is into the bluff, when they are saying it is not on the beach, he hasn't been down there. They are calling it normal maintenance, it was torn down. I saw it. People have affidavits in the Trustee hearing that they saw this also. I mean, I have nothing against these people. I just think everybody should get permits and follow the law. It is our Town's way to protect our environment. I also saw, there is this man DeLuca, he gave a report, he walks the beach also. He has high credentials, he has nothing against anybody. I would like everybody to have a copy of this because he is a specialist in the beach and he saw this and the day that the Trustees went to examine this they are saying the Mohr's were down there without permits, they had chainsaws and cutting the trees on the bluff. That is in the Trustees file. Why would Mr. Mohr's crew go on Teperman's property and cut down trees? Mohr the landscaper. He does the whole block, he does all those big, fancy houses there. SUPERVISOR RUSSELL: M 0 H R. MS. SAWASTYNOWICZ: Yes, thank you. I know it gets confusing. But to say some guy is going to show up at your property and cut trees, I wish they would come to my yard, I need help. So anyway, it is 15 feet from the Sound. It is right on the beach. They took the whole house away. There were three little cedar posts that were left in the ground, they are still there, if you go there you can see them. They are not even attached to what is there now. They left three little cedar posts and the old shower nozzle is still there. So by February of 2005 this new house was up. And I just feel like it is going to set a really bad precedent, I mean, the other people there have their little houses there; this was all done before town code was put in place to protect us. We have to start doing what is right for our Town. I mean, we are being invaded now and I just feel like if everything was done with a permit, he would have never gotten permission. Let's get real on this. So anyway, I would like just to say, I saw it happen, it was tom down and I think that the Town should have them take it away and my friend would like to buy it. Thank you. MR. MOORE: A piece of a survey has been photocopied and passed around on which a notation 'no sanitary or no toilet' that relates to the Health Department's approval for the sanitation system on the main dwelling. There is no toilet down below. There was a composting toilet before, there is a composting toilet now. It is a self-contained unit. It has no impact. The Health Department doesn't care about secondary accessory uses like cabanas or such structures if you are going to have a compo sting toilet. No one is suggesting this, iu fact, the Trustees in prior times have sought the Health Department's approval of these (inaudible) mulching systems as main dwelling systems. The Health Department is not willing to go that far yet because the system can't handle that but the issue of there being a toilet there, we are talking about a compo sting toilet and that has been the case for some time. A very rudimentary one has been replaced by a state of the art one. I go back to the comment, Dave Cichanowicz has done the stairs. The Trustees gave the permit to replace the stairs. I haven't seen the photograph, that may be his truck. COUNCILMAN WICKHAM: Can I have clarification about timing and sequence of this all. When was this reconstruction done? MR. MOORE: This was done in '04 at the request of the Teperman's. SUPERVISOR RUSSELL: You know, I am sorry, but a lot of this seems to be semantics to me about, it says here, we fixed the building. It is a brand new building. Let's be frank about a few things. It is a brand new building and the only thing left of the old structure is the concept of a footprint. Alright? It is a brand new structure. Now the issue is whether that structure and the Trustees decision has an effect or is consistent with Coastal Erosion law. So let's all be honest. It is a brand new building. Now the issue is, whether the Trustees did the right thing and applied the Coastal Erosion law fairly or evenly or consistently. Am I right, Kieran? ASSIST ANT TOWN ATTORNEY CORCORAN: Well, it is for consideration. ----- -- -- ---------- JUSTICE EVANS: I think what it comes down to is (inaudible) and what they are asking is (inaudible). ASSIST ANT TOWN ATTORNEY CORCORAN: There are a couple of different ways it breaks down. You have to start with whether it is in a beach or a bluff and this Board needs to make a decision on that because it is a different standard, that if it is in a beach you can't do anything and in a bluff, you can do non-major additions. And then you need to determine whether this is a non-major addition or not. And then you need to determine whether the Trustees applied the standard correctly and whether, you know, even a non- major addition requires a permit and requires the Trustees to frod that it is appropriate and it is not going to affect the shoreline in an erosion hazard area. So there is a series of consideration we need to go through. MR. MOORE: Well, that of course is a choice if you choose to start as though we were starting with you as a Board as opposed to an appeal. I take the position, we have appealed a permit gr~ted and the issue is, as you said Louisa, the conditions imposed on that permit. I encourage you to go out, if there is more information you would like with regard to survey lines or information relative to where the toe of the bluff is, if that is a question you want to work through, I am happy to sit there and take the time and get you the additional information. You know, adjourn the hearing or leave it open for decision if that is an important question for you. SUPERVISOR RUSSELL: Can I hear from the Trustees? JIM KING: My name is Jim King, Board of Trustees. I think what initiated this whole thing was a complaint that came in that a new beach house was built. This goes back to February of 2005 I think it was, when it first came into the office. We received an application for an existing beach house. Permit for an existing beach house. That is my understanding of what started this whole thing. Normally we have our field inspections on Wednesday's. Almost since I have been on the Board, it is Wednesday's we do our field inspections. The schedule was changed and we went out on Thursday. When we arrived, the sound of chainsaws running and the (inaudible) bluff came clear. So it kind of set the tone. A whole new stairway, set of stairs were built, there was a whole new deck up above, we went down and it just looks like a brand-new house. French doors, air-conditioning. The retaining wall behind it was brand new. Perhaps it was an old retaining wall that had been rebuilt, I don't know. Everything there was totally rebuilt. I kind of peaked underneath, I am not a contractor or anything but I have had some building experience and I don't even know how you could put those cement columns in without either punching big wholes in the floor or removing everything to get the structure in place. In my estimation, it is a brand-new building. The old one was just completely demolished and a new one put in its place. Maybe the same size, I don't know. It is hard to tell from these old aerials. It just shows a, you know. So it has been a difficult thing all along. My feeling is, a cabana on the beach is where you store your beach chairs, maybe you have a shower, you go change your clothes and take a shower. That is the use of it. SUl'hK V lSUK KUSShLL: Ihaf1jnngs up a good Issue tor me because one ot the terms of your approval was no water. So how do we reconcile that with your permission to have an outdoor shower? MR. KING: I personally would not have a big problem with a shower down there, so they could rinse themselves off. SUPERVISOR RUSSELL: I am sorry? I am trying to. . . MR. KING: Yeah. SUPERVISOR RUSSELL: You gave them the shower but then we said they can't have water. How do we reconcile that? MR. KING: If there is electric, you know, I don't know what the Building Department requires, if there is electric there, they should somehow be certified and everything was done without permits. That I could see. There was electric, there was plumbing there; that all needs some sort of, is there a CO? There is a lot of stuff I don't know, personally. COUNCILMAN ROSS: You did say you that you wanted the plumbing removed. Not necessarily no water. MR. KING: Well, we couldn't go inside, so I don't know if there is a sink, stove. I know there was, there was a roof vent... SUPERVISOR RUSSELL: (Inaudible) an issue of what you want them to have. MR. KING: Yeah. I would like to see it used as a cabana, what a cabana is supposed to be. COUNCILMAN EDWARDS: I have a question. From the point of view of the Trustees, (inaudible) and perhaps all of the Trustees' opinion, that this was a new structure... MR. KING: It certainly looked like a brand new structure, yes. COUNCILMAN EDWARDS: And one were there was a retaining wall (inaudible) you weren't sure whether they replaced an old structure (inaudible) I understand that, I just want you to explain.... MR. KING: Just trying to be nice guys. That is the bottom line. Yeah. Anything else? SUPERVISOR RUSSELL: Would anybody else like to comment? BENJA SCHWARTZ: Nobody else. They have to put up with listening to me, Benja Schwartz. I don't, you know, a couple of thing that we have heard already this morning didn't make sense. There was a shed that was tom down, well, this, in the earlier _hearin~f()r the Trustees it wa~_established or the applicants showed that the previous building had been built over the property lines of both neighbors on both sides of this property and they were saying, well, now we have reduced the size of it to bring it into compliance. It is right on the property lines now. If there was a shed there, it would have had to be in the water. I don't know. The story about Chris Mohr changed, too. Originally they had hired him but just to take away some garbage and he did more than they wanted. Now, they say they have got nothing to do with him. Anyways, to spare you the pain of me improvising here, I have written a short statement which I would like to read for you. During the hearing before the Town Trustees, the applicants lawyer Patricia Moore argued this application should be processed like any application to restore a house. According to Patricia Moore, even though no permit was applied for until after the new house was built, the application fee surcharge for an as-built application had been paid and therefore this application should be treated the same as an application to build. Patricia Moore's interpretation of zoning law is a distortion. It is impossible to handle as-built applications like applications to build. The subject of as-built applications are already built. Patricia Moore was not really asking for equal treatment but rather for special treatment. If she gets it, everyone is going to want it. Furthermore, in this case, the application is based on the false premise that the new building is a restoration of a pre-existing building. I saw them replacing or putting in that retaining wall and there was nothing in front of it. They were pouring concrete right into the base of the bluff. At the hearing, I asked Patricia Moore what part of the building is pre-existing? At first, she didn't want to answer me because she said she was talking only to the Trustees, but some of the Trustees asked her to answer and she replied that there were three old cedar pilings underneath the building. I don't think it is necessary to consider that these three pilings would be enough to characterize this building as a restoration because although they are underneath the building, I saw them there, they are not connected to the new building. They are just left in the sand. The new building is not a restoration. It is a completely new and a completely illegal building. It is obvious that without any pre-existing building, an application for the subject beach house cannot be approved. There is no other comparable building in Southold Town. A house on the beach, this changes the entire face of the Sound shore of South old Town and if this Board allows this building to remain there, we have lost the ability to walk along the Sound shore without feeling like we are imposing on somebody without being in their front yard, in front of their house. Take away the spotlights, take away the windows, you have still got an ugly house on the beach. It is not an ugly house, I take that back. It is a beautiful house, I would like to have the house and I have room for it on my property. But on this property, there is not room for that house. There is no place for it. A house on the beach is inconsistent with the comprehensive town plan of Southold Town. I don't know, this guy is from Miller Place, I don't think he understands. Coastal erosion doesn't just mean coastal erosion, it is about coastal. Weare a coastal town. I think we have as much coast line as the south shore is bigger or something but I love our coast line and rather than saving what is left, the negative environmental building are abusing what is left. It is ironic that the applicant, I am glad to see that he is here with us today, is a transplant surgeon. He knows that in medicine, the transplant must be planned before they remove the old organ. Similarly, as a lawyer, I know that by law a restoration and not just as a lawyer but also as a property owner out here, I have taken down a building and replaced it and the new building, I had to remove it. That is what the Building Department told me to do and I - did It. Hy law, a restoration must be apphedTor betore an old bUlldmg IS removed. lhls attempt at a building transplant is a failure. The new building must be removed. Thank you. Anybody have any questions? SUPERVISOR RUSSELL: Anybody else like to address tiIe Board on this issue? MR. MOORE: Did you all want information on tiIe toe of the bluff? SUPERVISOR RUSSELL: Certainly clarification, I think would help us all. MR. MOORE: Then I ask to leave the hearing open so I can present that for you. SUPERVISOR RUSSELL: Is that fine with the Board? Okay, we will leave the hearing open. And then we will adjourn until two weeks from today. COUNCILMAN ROSS: Just so the crowd understands, are we leaving it open for the limited purpose of receiving information? We are not going to have further testimony from the public. SUPERVISOR RUSSELL: We are going to close the public portion and we are just leaving... MR. MOORE: Well, given some of the remarks, I would like, I would save for that point an opportunity to respond to some of the things that were said here today. I will limit. ...1 understand, I will limit only to those remarks that were made today. I won't expand beyond that. JUSTICE EVANS: (Inaudible) MR. MOORE: I can do that. Sure. JUSTICE EVANS: (Inaudible) SUPERVISOR RUSSELL: I think what we would like to do is close the public portion of the hearing. We will leave the hearing open for the receiving of any written comments or supporting documents from either side of the case to two weeks from today. MS. MOORE: I am sorry. We are leaving for Argentina, so he is not realizing... MR. MOORE: I didn't hear what the date was. MS. MOORE: ...ifit can be pushed of to an August date, only so we have time when we come back... SUPERVISOR RUSSELL: Okay. The regular meeting of August 8th? --- ------ MR. MOORE: Thanks. COUNCILMAN WICKHAM: What about four weeks from today? SUPERVISOR RUSSELL: Four weeks from today, that puts at... COUNCILMAN WICKHAM: The middle of July. SUPERVISOR RUSSELL: July 25th. MR. MOORE: That is okay by us. MS. MOORE: Bill, we are away. MR. MOORE: No, we are not. We are back. My poor wife is so eager to go to her home country and see her home city that she thinks....we will be back on August 9th. Uh, September.. . July 9th. We are back July 9th. July 25th is fine. Thank you. COUNCILMAN EOW ARDS: I wonder, Bill, if you could address this question that has been raised by a couple of the people who have spoken about, including Jim King, about where was the structure and the colunms, the posts and so forth? MR. MOORE: Okay. COUNCILMAN EOW ARDS: If you have anything to say (inaudible) MR. MOORE: I will get information on that. What do I have to show, no, I can't, I will go out and get you pictures and whatever information we can get to try and answer that. COUNCILMAN EOW ARDS: The argument has been made that the structure is not in the same, my indication is that it is not in the same place that it was. MR. MOORE: No, I think the Trustees resolved that and did come to the conclusion, the deck as it got put out was put too big and was cut back. It did cross the line by a little bit but I can address that. Thank you. SUPERVISOR RUSSELL: Okay. Motion to close the hearing. * * * * * . - PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 April 12, 2005 Margaret Rutkowski Secretary :-:-l I Re: I I Lewis Teperman, ~ SCTM#1000-021-02- .iO \ i~ ~ k' Ii \ ~! ,.... APR L_ ~,. ':' ;.:.:il BcwdofTrustees 3 ZD~j5 Southold Town Trustees P.O.Box 1179 Southold Town Hall Main Road, Southold, NY 11971 u~_---l Dear President Krupski and Board: Two issues were addressed at the last Trustees meeting: ISSUE 1: The trees on the bluff were cut by Chris Mohr without the owner's authorization. Chris Mohr was recommended by a neighbor, Chris Mohr would do annual garbage pick up on the neighbor's property. Since he was hired by one neighbor, Dr. Teperman asked Chris Mohr for a proposal to pick up garbage on Teperman' s property also. Doctor Teperman had spoken with Chris Mohr by telephone, they made an appointment to meet at which time Chris Mohr would get instructions with regard to the areas with garbage accumulation. Chris Mohr did not show up for the appointment so Dr. Teperman did not expect Chris Mohr to do any work at his home. Chris Mohr was not hired to cut down trees on the bluff or any other form of landscaping. A police report was filed with regard to this incident (cc#05-2833). Doctor Teperman has always used Creative Environmental Design (David Cichanowicz) for his landscaping needs at the subject property, Mr. Cichanowicz addressed the Trustees, in person, to state that he has been Doctor Teperman's landscaper since last year after he became the owner of the property. He had recently completed some work around the house (landward of the bank) and they were discussing future work. Attached are bills of work performed by Creative Environmental Design and paid in full (Exhibit A) Doctor Teperman plans to protect his property from damage, he has asked Creative Environmental Design for a landscape plan for bluff stabilization and protection. Attached is his plan (Exhibit B) . . ISSUE 2: Repairs to the existing structures seaward of the top of the bluff: Doctor Teperman purchased the property in May 2004. A title survey was prepared showing the existing structures. The April 29, 2004 survey prepared by Stanley Isaksen, Jr. shows the same structures of today (Exhibit C). The surveyor showed the deck which extended over the line into the neighbor's property. The updated survey dated March 25, 2005, prepared at my request after our last meeting, shows the same structures, made a little smaller(Exhibit D). The decking was cut back to eliminate the encroachment on the neighboring property. A wood wall and decking behind the beach house was the same in 2004 as it is in 2005, however, it had been covered over with garbage and debris. When the property was cleaned up, the decking was uncovered and repaired. All work was "in kind in place" as permitted pursuant to Coastal Erosion Hazard Areas, Chapter 37, "Normal Maintenance" (which is an unregulated activity) and Wetland Ordinance 97-13 Exceptions to permit, "The ordinary and usual maintenance and repair of a presently ... existing building... or structure!1. The Beach house as it appears today (repaired) was purchased with a living area, a kitchen with all utilities, a wine chiller and toilet. The building had electric and water service. The toilet was replaced with a state of the art self-contained system- no sanitary system is required. Attached is a copy of the original Cook Pony Farm Memorandum of Sale dated 2/23/04. (Exhibit E) Also attached is an affidavit dated March 22, 2005 signed by Donna Palumbo, a neighbor, which confirms that the original structures were built in the 1950's. These structures were repaired by Dr. Teperman. These structures are very valuable, other similarly constructed structures are on this beach, and the owner wished to preserve them and make them safer (Exhibit F) While the owner believed that a permit was not legally required for the maintenance and repair of existing structures, an application for an "as built" permit application was submitted to avoid a protracted court action. Your approval of the "in kind in place" repairs to the existing structures is requested. The stairs down the bank were not repaired, they are very steep and unsafe, and we would respectfully request that the work be included in the permit to avoid future problems. C. Moore cc: Dr.Teperman . , CREATIVE ENVIRONMENTAL DESIGN I",.,,,_-,,....I.../,,,,S"jl."r"'""..,, Lewis TepermaD., M.D. 200 East 32"" Street - 35B New York., N.Y. 1001&-:6306 (917)453"2578 Cell STATEMENT lnstai1ation of New Fence: . 39160 ROUTE 25 POST OFFICE Box 160 PECONIC,NY 11958 631-734-7923 63[-734-7924 FAX /? .;f. Purchase of Shermin Williams Premium Stain: Labor for painting Fence: November 19, 2004 Disposal of Old Fence to Town Landfill: $ 5360.00 $ 452.00 $ 1045.00 $ 118.80 $ 6975.00 11/10/04 #4676 - $ 3500.00 BALANCE DlJE: S 3475.80 ~ \10 \u,\' 'Y" . CREATIV~' .. ENVIRONM~TAL DESIGN Div;';M of /wiju Nul C".,o..rlu Lewis Teperman, M.D. 200 East 32Dd Street - 35B .' New York, N.Y. 10016-6306 (917) 453-2578 Cell. STATEMENT Planting oftbe following: . 39160 ROUTE 2; PoST 'OffiCE Box 160 . PECONIC, NY Il958 611-73+7923 631.734-7924 FAX December 1, 2004 10 - Parsoni Juniper 3 Gal. 3 - Dwarf Fountain Grass 3 Gal. 3 - "LiI" Bunny Fountain Grass 3 Gal. 1 - Cubic Yard Premium Grade Mulch BALANCE DUE: S 570.00 \2of\ ~ ~vl~lot1 , . . :'~; ))l:;:': ~>, v;, , ',,~'J)~~ .'-'",s~:~:~,t',;,:,'_{~~\;~,i,~~;~_~: .::- \,-,- >" ;/ ~- 'r - - ~ .~ '..{", ''''~. _-~-Ai.- ~',: ;"'r---~F.<'--.:...~.- .'t: ",', - - '-,. ::.: ------..r.:.:.:..:..:.....__~ , - - , I' - t- I '.,-"b{ ~, ;~. ;~ " ",~~' ,.~" ~_ ; c. _'t. _' 'c' :::'- ;::. '~. -. ';' '. - - - -~.~,~}~', >-, . . .;. ,'c'_ ----~._--~...... -..-.,~~ ",. "\'~"l;!' . . \ i -l~ \ h- e'- -- --~~- - - ~ ~ ~,~ ~~;."~ ~..V-- l~~f ~~. ' 4i c. ';. 2. " ~p~"~." \~ ..' 'JI' i, \" \~~ . " ~/ ,- '", ,,'/ , '.", " ":~ /-?; l I f>'I4.~!J- V',;~, <:l ,; C I V '; 'f' :';~ '-- " ~':;',';!l'" ')';'i' .,i'.' ': 1 1\ I " ~ ~I i> '" :;, -, '- ... " It! \Jol 0J ~, ~ r--- .." \:11 ~ ~ '" ...... ~ \J' \) <.~ }~ i'-- (\ '-- ~ II.) ('':) ie'. I~ i \ P i~ !' ! ! i 'e:-, N \ ~) - (S' \:; ~ ~ > ',., "- :~ ~ 1\1 { ~ ~( C)' ~ '~ ~ ~...( # * tI \Ai r- c::. ~ 1\ ~ (\1 \J' ;:J () ~ ~ ~ ~ '), " -<. . . JRANTffS INDICA TED HERE ON SHALL RUN ..t'L Y TO THE PERSON FOR IIHOM THE 5URVE"Y is PREPARED, AND ON HIS BEHALF TO THE nn.E COMPANY, GOVERNMENTAL AGENCY, LENDING INSTITUTION, IF LISTED HEREON. ANO TO THE ASSIGNEES OF THE LENDING fNSmUTfON. GUARANTffS ARE NOT TT?ANSFERABLf TO ADOmONAL INSnTUTfONS OR SUBSEQUENT Ow.NERS. LONG ISLAND SOUND UNAUTHORIZm AL TERA nON OR ADDlnON TO THIS SURt-f'Y IS A \i70LA nON OF SECTION 7209 OF THE NEW YORK STA 7F EoueA nON LAW. S 87'57'35"E 40.01' APPROX. HWl THIS DATE' :z COPIES OF THIS SURVE:Y MAP NOT BEARING THE LAND SURvtYORS EMBOSSED- SEAL SHALL NOT 8E- CONSIDEReD TO BE A VALID TRUE COPY. OECK OYER o.g' K ~ 5.3' -. 'NO STOCKAOE fENCE wOOO STEPS '1.9' 8.6' ~ ~ ~ 32.3' WOOD DECK W IAAlUNG 77.4' 0' % , ~ 2-STORY RESIDENCE ~ g '" o C'l ~ "1l o Z .... '" ~ <:> N 1.2 -l>- !J' 00 U1. ..... ... WOO" FENCE CELLAR ,NTR. COH ""H. TlE=/.200 +/- 80.J COHe AQ 510W "ON. VA VIEW 62.6 "tlOO- . A VENVE"Nct tJ,RTH/STONE DRIVEWAY N U1 -.l '....l 00. l('j SURVEY OF DESCRIBED PROPERTY SITUATE EASrMARION, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEYED FOR: JOANNA GIANNOPOULOS CD SURVEYED: 5 APRIL 2004 SCALE 1 "= 40' AREA = 12.457.7 S.F. OR 0.286 ACRES TM# 1000-021-02-016 SURVE)(ED BY STANLEY J. ISAKSEN, JR. P.O. BOX 294 NEW SUFFOLK. N.Y. 631 -7 4-5835 GUARANTEED TO: JOANNA G~NNOPOULOS LEWIS TEPERMAN HELAINE TEPERMAN CHASE MANHAITAN 8ANk DAVAI AQC:TDArr OQ APR n4 . t:nRRF!':T STRFFT NAME SPElliNG. n4R 1, 1 GUARAN'f[[S INDICA TED HERE ON SHALL RUN ONL Y TO THE PERSON FOR WHOM THE SUR\IE"Y IS PREPARED, AND ON HIS BEHALF TO THE nTLE COMPANY, GOVERNMENTAL AGENCY, LENDING INsnrunON, IF USTE:D HEREON, AND TO THE ASSIGNEES OF THE LENDING INsnrunON. GUARANTEES ARE NOT 17?ANSFERABLE TO ADDlnONAL INsnrunoNs OR SUBSEQUENT OWNERS. LONG ISLAND SOUND UNAUTHORIZED AL TERA nON OR AOOlnON TO THIS SUR\IE"Y 15 A VIOLA nON OF 5EcnON 7209 OF THE NEW' YORK STATE: EDUCAnON LAW. S 87.57'35"E 40.01' APPROX. HWL 11../15 DATE' ~ ~FtO~.8?T!OM~ ,- 'OEC;;O.l' fROM PROP.. LINE COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID 17?UE COPY. SHOHf"R ARE'''' K 0.1 ' 3,2. ' 5. Z o "1 o. o ::f -. ~ q -l> Ol. o 0, [T1 1..2' [NO STOCKADE fENCE "~:ro,.-oT!l...1JFf WOOD STEPS 7.9' AJ o (") ^ -< " o Z --\ AJ o )> <:> z 8.6' 32.3' ~ WOOD DECK . - W /RAIUNG 0 5~ 77.4' .~ ~N ~ ~ 2-STORY ~ RESIDENCE -..I ~ ""- 32.0' 1.2 CELlAR ~ N ENTR. g -l> ~ 01 ~ (Xl 01. <ri ~O~!_P!.~.~It.j2- .0' z ~ 'i 'll o c WOOD FENCE COMe MON. TII:~1,200 +/- 80.3 CONe AQU 510 W "ON. 62.6 ~_ A VIEW A VENUi'Ne, EARTH/STONE DRIVEWAY N 01 --..j '--..j 00. SURVEY OF DESCRIBED PROPERTY SITUATE EAST MARION, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEYED FOR: JOANNA G/ANNOPOULOS SURVEYED: 5 APRIL 2004 SCALE 1 "= 40' CD I~ k..\~cl /'~f\dCe ~i... -\-t> bil&tuuj ~VC+O~ AREA = 12,457.7 SF OR 0.286 ACRES GUARANTEED TO: JOANNA GIANNOPOULOS LEWIS TEPERMAN HELAINE TEPERMAN CHASE MANHATTAN BANK ROYAL ABSTRACT SURVEYED BY STANLEY J. ISAKSEN, JR. P.O. BOX 294 NEW SUF OLK. N. Y. 631-73 -5 35 04R1311 TM# /000-021-02-016 { . t:::tJ!2C(}t€;z.V GRo(/P t-b .tAL '1''''. . WIT. ,.... MEMORANDUM OF SALE DATE "J. - 'Z 3 -() (.._ R__ bE!., Uti/I> I fle:.,(I!!;1!C T.cfJfRh/U) - A.llnhJ .,ugrumentlopurc"".. 1'Z2S 8(Jl;/}IUW /Jpf#{f-. , E/I;T /1I1PfollJ, )If ./193 '7 ...._SCTI.. /~ /2-/- flz-tJ/h / # From .f(J~jlt#1f g~l!t1IAlt1POflL.U: _..._.....!:....L). 2ZS/ dctO poy_..-~/ /., ,.\ ........"L(1I; //I? 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"J:?.6Jct2Jdl4 Af1 /17.53 PURCHAseR D(2., I.-ftill.r:f. ;le~J)I..ut 7cl'e{!..II~A.!T01HttONE.(z.t-z)77'7- ZOIZ_ ,__ZiJoJfIlff.}:"J':i '!:'(T- _, ~:;;:fi tlM f!()#;,AP(I(Jdf,6 PURCHASER'S ATTY. f) }2l1c'1.f[.TE PE~ ~ . TE",p:riit.<lP~ - ~ '7J3 ^""""aa .1.<1 EA-#' fOd g: Sitrre 9a7 NttJro'Ft:/"ZI'iJ..1Z.s- -~~~..r Cook Pony Form Real E. I. commI.alan by ..poral"lllBOmont. /Idle.' / P/fk-lltf>ht. 15 ,4U1M-t- tlrr/le. .. :~ ~j1/f7Y f~RttpW/,&,vl> T-AK,oL SA REAL ATE, INC. .;::u1U'1I1I~de- /fJF "'7p lj;IJp 7t1t-- 15br saLI fJf'./.IoAlAtt2~ 711)< ~F ;V'I5 fflt!..~ tW III/Xllllf.t.t f}T 'lint iPP =~,.v'tY 20 MAIN STREET, SUITE " EAST HAMPTON. NEW YORK 11037 (518) 3:u-l16OO FAX (515) ......31 30 NUGlmT STREET, SOUTHAMPTON. NEWYOIlK 11_ (518) 283-9800 FM (518) 283-9021 t87A MAIN STREET, P.O. BOX 7134, /\MAGANBETT, NEW YORK 11930 (518) 287-noo FAX (616) 267-0019 2'00 MAIN 9TREET, P.O. BOX 1699. SRIOOEHAMPTON, NEW YORK 't932 (518) ~..7n3 pM (518) 537-4133 98 MAIN STREET, P.O. 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"'I . . r " Doctor Teperman 1225 Aquaview Avenue East Marion, NY (1) Original water supply well is under the house by the outdoor shower and (2) original dry well under the outdoor shower (1) (2) -., Doctor Teperman 1225 Aquaview Avenue East Marion, NY Existing steps and decking is unstable and unsafe and must be repaired or replaced immediately. The access to the beach is in use and is a safety hazard. An application to repair existing structures was filed in February. Photograph of conditions of existing stairs. I Doctor Teperman 1225 Aquaview Avenue East Marion, NY The beach cabana was constructed in the 50's, contained an electric and waterless toilet which was replaced with another electric and waterless toilet (Manufactured by Biolet). The Biolet Toilet has no water, composts the waste, and required no chemicals to operate. The only requirement is proper venting. , . "" . BioLet Composting Toilets - The Best Selling Composting Toilet in the World Page I of I The Best-Selling Composti In The World! : ~-.__..- - - ------- - -- .. ... ,--- j --- Copyright @ 2005 BloLet USA, Inc. Last modified: 02/10/05 Zlpwise Zip Code Database fkSllftSUTf 'M Rated http://www.biolet.coml · No \ · No: · No I · No I ) Award Win " . BioLet's superior dl prominent recognitl toilet to receive a g< Inventors' Exhibitio 6/22/2005 Frequently Asked Questions Page 1 of3 Frequently Asked Questi Printer Friendly Version ~ Have the BioLet Composting Toilets won any prominent cp Yes, BioLet's patented composting toilet is the only coml awarded a gold medal at the International Inventor's Exhibition il ~ Does BioLet have any models that are NSF (National Sani Standard 41 certified? CP The BioLet XL was previously tested, approved and Iistel Sanitation Foundation (NSF) and the end-product tested was sig the end-product tested from our competitors' composting toilet~ count of only 3 fecal coliform bacteria compared to a count of 2i for our closest competitor. There is 9 times less fecal coliform b product of a BioLet XL making it much safer to handle. ~ Are composting toilets approved in my area? CP Due to the ever changing and widely varied regulations r. disposal, we highly recommend checking with your local health regulations. Many local health authorities and several states ha~ NSF Standard 41 tested and approved composting toilets. ~ Does BioLet have any models that are FULLY automatic? CP Yes, the BioLet XL and the BioLet Deluxe are the only co world equipped with an entirely automated mixing system. The ( sold by our competitors require this - for the composting result. be performed manually. The automated process of these BioLet easier for children, elderly and visitors to use. ~ Do you have to see the waste when you look into the toil, CP No, BioLet composting toilets are equipped with a comp<< human waste from view and opens automatically when sitting 01 ~ Is the new waste that is added to the toilet mixed with thE already partially com posted? http://www.biolet.com/faq.htm 6/22/2005 Frequently Asked Questions Page 2 of3 ~ No, in the automatic BioLet models, newly deposited hun decomposed materials are not being mixed together as is done i toilets. This is one of the main reasons that BioLet's end-produc handle. ~ What makes BioLet's toilets so efficient? ~ BioLet's toilets have a patented recirculating air process maximum amount of air throughout the composting material. Th which cause the decomposition, thrive in oxygen rich environml to these bacteria is just like feeding more air to a fire, it's going f ~ Is there anything that needs to be added to the toilet to h process? ~ Yes, a starter mulch is required to promote composting. . essentially a mixture of peat moss and pine wood shavings. Adc each fecal use or 1 quart per person per week will provide the pI and bulking agent to achieve optimum composting. ~ Where can I get starter mulch? ~ Starter mulch can be obtained from our authorized deale BioLet. You can also mix your mulch yourself using an easy to f owner's manuals. ~ How often will my BioLet require emptying? ~ Under normal operating conditions, your BioLet will requ every 2.12 months, depending on usage. ~ What do I do with the end product when I empty my BioL ~ Although, the end product from a BioLet can be leeched decorative plants such as flowers, shrubs and trees, you should local health authorities about local regulation concerning dispOl ~ How do I clean my BioLet? ~ Due to the unique nature of the "bowl" area of the BioLet of waste coming in contact with the visible areas of the toilet. In requires cleaning and for regular hygiene practices, you can cle; sponge style bowl brush and any household cleaner. ~ Is the BioLet TRULY odor-free? http://www.biolet.comlfaq.htm 6/22/2005 Frequently Asked Questions Page 3 of3 ~ Yes, our toilets are designed so there is a constant flow c under the seat, and out through the vent pipe. Therefore, ALL oc bathroom odors are expelled to the outside through the vent pip CQ.) This is fine, but will there be odors outside the building? CV A properly installed and maintained composting toilet sh more odors than a conventional toilet systems vent pipe. Theref noticeable odors, even outside the building where the toilet is in CQ) ~ Do I need a special toilet paper to use in my BioLet? No, any toilet paper can be used in your BioLet. CQ.) Does the room temperature need to be maintained at a ce BioLet to work? ~ During periods while the unit is in use, the ambient room be maintained above 64F. Whenever the unit is not going to be u days you can let the temperature drop below 64F. BioLet is the Best Composting Toilet ir .6.Top Copyright @ 2005 Biolet USA, Inc. last modified: 02/02/05 http://www.biolet.comlfaq.htm 6/22/2005 Doctor Teperman 1225 Aquaview Avenue East Marion, NY The bluff is vegetated and stable. The trees cut by Chris Mohr Landscaping and done without owner's permission are alive and showing signs of regeneration and growth. ~.:{i ", .. ;;...,.. ...:..,.. '1.-'..."":,~ ~ --:0 __-;....--.,.-~\;..~..:...{'..._ . /..:,- ;~ .,~.~~ \t,!'~r-~'. ","'~Jl1t.,., . '" -...'i...~t""'. ..... " ',..c.". ~~ . '~"":~,",::~""'" ", ....." i <"i"~_?i~!,~_.._.,...,.:. " " .", .A>; , ., . ,.\~ "0(1': g~.~~'7"~ '..;," , ~"'C; :.' .~"-'..,'4'f.'~ ~~"',:.=lt'':'->. .=> -...,-.'" , ' 1 ."'j'~~'.~ '1I.:..~t'~' .....;.'.0/. ..,~.~ .~: '.' -. '.. ..p' L~'" ~ ...."" ~\. -e' _1, .r-:>, . '_ ~ :"'~'~''':'4 -~.. ~", ..~ ..t.:s... ". 'I, ~-. ~: ", ~.,~c, ~:~f ~~"~f~~ ..;'" " '" .,.... ':;;;'.::,., ''i~i~~~~~''4' '.~'~." .., " -. ~.... ':1. ':.'.':';' , : -~;_ '." -~. ~:: . -~. '; '",-;~.-.~;.. ~.. -'f-~&.:" u" ". .;' ~ ?~. ~~ .~~;_};~. .' _ ~~~~~/ 'l . <"..... ~. .~. ..~..., ;:._~ '. " ; .....:a------. ~ ...."'-.....'-:-@~. ..'r ~~~:~'-- ~-.. ~'t~- _ ., ...." ~I~~~~~.; ',' -:- ." ~~I".:r' .:~"?~~..-, ..........:...._.,. ;r , .' . rr"O~ ."'4..,' -"." "," '.I\iof."., '....v'...... .' '-~ ~ - ..~(. ~' ...... -, ..,~\ ~,..'-.... .:t:-, "'~'7' . -.~ .,.-....- .". ..... ",..1\ - ~, . ,--.."., " , ,.'. ..~ .' /- ". ...;.. -:-:.'\' .~, ,~ :~-'" . -~ ,.. -- >.',:~.,- -' ~.~ '~:. '. '., .- ,', "~'" . , . ... .... ~:"'l:c" , -';''='' "i' -~ i ..,...... ..; ,I ~ '.. "'I~ ,.' ~ ~:~:.' '.' '''''' '/r 4 \ ....~..';~4..f_~;.:t. ,.....~,. " ...~;-- ~r ,'" ""', '. . .':~ ~ ~'~~,.;!~', '\ ""'"h', , .0... _ .) . , . '\ ,! , ,~' ';,' . ~" ',: .~:.-' . " '. " .~~ ....... " - ".::":~- ,-,- ~ ~ ..;s.....""t; ,.-::-, '?"'~.r''-).~ ~ -......: \ ~. ..' , " " .; ~. ..~...". " I) The copy of the 1975 survey submitted by Teperman to Southold Trustees on 2/15/05 expressly states that there was a "SINK & DRY WELL ONLY, NO TOILET FACILITIES" , r,~.~ : " - . $1>>'( If".v.... .:bu\.oV. tJO~ ~"M ltW:~ Y, .. ... - .-; , II U [E 1[=0 ------- -'I )1 Afl - 1 20uJ 'rI ~,.. '-. "'.: 7._, it - , . .'\ '. . , 2) In the copy of the AFFIDAVIT IN SUPPORT OF WETLAND PERMIT sworn to by Donna Palumbo also submitted by Teperman to Southold Trustees on 2/15/05 it is claimed that there was a toilet since the 1950's Donna Palumbo, bc:inJ duly sworn, deposes and says: 2, That I am very famililf with the Tepcnnao teSidence lIIId the cxistin& conditions before and after repairs to the exillin8 belch structures. 3. lbe slJ'UC:tIft on the beach appears to luIve been built in the I 95O's and contained plumbing with an old compost toilet, electric, shower, kitchen, and a living area. lbe Tcpermao's replaced the old toilet with. high tech. self contained toilet. These two documents are conflicting, There was no reason for the surveyor to lie. Therefore both Palumbo and Teperman are lying. lh~ yu) J:7~ ~~'~ '~-e/ ma/LLQ?L ( J1)l 119.3"1' On subject of "closest distance between nearest existing structure and upland edge of wetlands", applicant states "15 feet (no change)"... Of course there is a "change".... They built this on the high-tide line. A HOUSE on the high-tide line. Gets better. "Does the project involve excavation or filling?" Applicant writes NO. You would have to be blind to not see that a retaining wall was built into the bluff - cut in at least 5 feet... Another one. On question of "proposed slope throughout the area of operations..." Response: FLAT. This is a bluff! Since when is a bluff flat??? In regard to all these violations, I believe these people have lost the right to have any structure on the beach. Decks, walls, roofs, and structures such as these need permits. A hard structure on the beach has a destructive impact on the movement of the natural flow of sand and pebbles, and will in time undermine their own land and that of their neighbors. This bluff will be lost and how will we get it back? I have walked the beach for 11 years. The Nor'easters have been so bad that at times there is NO beach afterwards: the water is 5 feet up the bluff. The applicants' attorney claims that this was merely a repair job. Just take a LOOK at it. No house like that exisited before. Everything is new. I saw them build it. When a violation like this occurs, and Southold Town wetland laws are broken, shouldn't the affected wetland be restored to it's prior condition? This Board knows the law and I'm sure ydu will enfdrce it. If the owner does not restore the bluff, Mother Nature and her Nor'easter's will! '->7~ 35~o e~ 6f?oa-<< / /939 March 17,2005 Field Inspection (631) 852-8662 fax cp26@cornell.edu -------------------------------- -------------------------------- ----- Original Message ----- From: Eastcreekwebs To: cp26@cornell.edu Cc: asshopkins@att.net Sent: Wednesday, March 23, 20051:44 PM Subject: Test Case for Southold Town Wetlands Code A current application for a Trustee's Permit for an "Existing Beach Housen in East Marion might interest you. The address is 1225 Aqua-View Road East Marion The Trustees hearing is scheduled for Wednesday Mar 23 @ 7 PM The subject property was recently purchased, and the new owners made major 11 imp rovernent s " without bothering to apply for permits. The subject location is unique in that there is some kind of natural rock reef which protects the shoreline. The subject house is smack in the middle of a cove with a sandy beach There is a summer house and 4 or 5 storage sheds on the beach Which have survived since before zoning prevented such buildings. After the original shed was demolished, the base of the bluff was excavated and cement poured in place to anchor the new house which is fully insulated, with heat, central air conditioning and outdoor lighting on all sides. 3/24/05 March 17,2005 Field Inspection The beach house should not only be removed, The beach should be restored to a natural state. A precedent will be set. What will it be? ------------------------------- ------------------------------- Benja Schwartz web: www.eastcreekwebs.com emaH: eview@eastcreekwebs.com tele: 631.734.5093 1 East Creek Cutchogue, NY 11935 USA 3/24/05 Albert & Donna Palnmbo 1095 Aquaview Avenue, PO Box 602 East Marion, NY 11939 March IS, 2005 ~'/DtfE 0 1'110;.>.....'",. I u,_ .__.~_.~, i,"'I) 1 MAR 2 J (UUJ ")1 ~ .~ BS,utilOl~ oard of Trustees Patricia C. Moore Attorney at Law 51020 Main Road Southold, NY 11971 Re: Lewis and Helaine Teperman 1225 Aquaview Avenue, East Marion Dear Ms. Moore: This is in response to your letter regarding the above dated February 28,2005. We are Lou and Helaine's neighbors and wish to express our support for their application to the Southold Town Board of Trustees for repairs to their existing beach house. The Teperman's efforts will not only improve the appearance and value of their own property, but will also help maintain the priceless beauty and value of this lovely private beach for all his neighbors as well. a7L~=~-h Albert Palumbo ~~ Donna Palumbo ~qR-23-2005 09:08 P.01/01 SOtITHOLD TOWN TRUSTEES COUNTY OF SUFFOLK LEWIS TEPERMAN x ~~~~~W~iflI AFFIDAVIT IN SUPPOR' 'D. WETLAND PERMIT i, MAR 2 3 20u5 iI ! I~ x STATE OF NEW YORK) ) S5.: COUNTY OF SUFFOLK) Southold Town Board of Truste.s Donna Palumbo, being duly sworn, deposes and says: I. I reside at 261 Nassau Avenue, Manhasset NY 11030. I also own a summer home at 1095 Aquaview Avenue, P.O.Box 602, East Marion, New York 11939 and am Dr. and Mrs. Teperman's neighbor. 2. That I am very familiar with the Teperman residence and the existing conditions before and after repairs to the existing beach structures. 3. The structure on the beach appears to have been built in the 1950's and contained plumbing with an old compost toilet, electric, shower, kitchen, and a living area. The T epcrman' s replaced the old toilet with a high tech. self contained toilet. The building improves the appearance and value of all our properties. 4. The prior owners loaned out the house to friends in the summer and this building was used by them for bar-b-ques and parties. The Teperman family have fixed up the building and cleaned up the property. The family is quiet and considerate of their neighbors. 5. The existing beach structure was not enlarged in any way, in fact the decking was cut back from its original size. 6. The beach in front of my property and the Tcpennan's property is a private beach with limited access. Many of the homes along this beach have beach structures from the 1930's and we value the continued use and enjoyment of our property. I on behalf of myself and my husband, Albert Palumbo, support the ~PPli ation by the Tcperrnan Family and support the Trustees granting of the ~ts. . ~ <=::::::-=--~~ . Donna Palumbo Swom to before me thi.;t(day of March 2005 ~~~ Notary Public DONNA R. PERFETTO NOTARY PUBLIC, STATE Of NEW YORK No.01PE6t19852 QUAUFIIO IN NASSAU COUNTY MY COMMISSION EXPIRES OEC. S, 2006 TOTRL P.11I1 PATRICIA C. MOORE o ~~_ ~ ~ 'W ~S.i I ~ el: (631) 765-4330 II MAY 1 I 20U3 Ii i ax: (631)765-4643 L_ l~ ~C:i: i;dd Town Board of Trustep,s Attorney at Law 51020 Main Road ,New York 11971-4616 May 17, 2005 BY HAND Southold Town Board PO Box 1179 Southold, NY 11971 of Trustees Re: Premises: Lewis and Helaine Teperman 1225 Aquaview Avenue, East Marion Dear Ladies/Gentlemen: Enclosed please find a revised survey for the above referenced property. If you have any questions, please do not hesitate to contact me. Very truly yours, -11~ r' )JJd'(2 patricia C. Moore PCM/mr Encls. [UARAN7FES INDICA "0 HERE ON SHALL RUN ONL Y TO THE PERSON FOR WHOM THE SURVEY /S PREPARED, AND ON HIS BEHALF TO 1}/[ TITLE COMPAN'( GOVERNMENTAL AGENCr [[.oVDING INSTITUTiON, IF LiSTED HEREON, AND TO ThE ASSIGNEES OF THE LENDING INSTITUTION GUARANTEES ARE NOT TRANSFERABLE TO ADDITIONAL IN$TITI.mON$ OR SUBSEOUENT mVNERS. !J/\'AUTHORiZEC' AL TERA TlON OR ADDITION TO THIS SURV[\' /5 II \IIOLA TlON OF SECTION 7209 OF THE ,",'[.\-' rORK 5 T II TE fQUeA TlON LA W Cl~PI[5 OF THIS SURVE)' MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VAUD TRUE: COP'r' LONG ISLAND SOUND S 87"57'35"E 40,01' APPROX, HWf THIS DATE EL 6 WOOD STAIRS - -- _,_WLRAllING- _ I WOOD DECKING n 8 I' SHOm:R - - - AREA JV EL 10- ~ LINE ~'APPROX:TOPC;-BLUFF WOOD STEPS EL46 COASTAL EROSION - - -,- -- -'-,-~.li..:, L~;iARD-~'!!. ,-' ,2,3' , wbOifbtcr W/RAIUNG 77.4' ,0' z '- , < o ~ ~ > z " l m > o c w U ~ --J ~ "'- u ~ 11 .2 AJ 0 N CELLAR n ENTR. ^ .j>. -< (Jl <J (Xl ~ 0 ^ z (Jl U) BLOCK CURB1N.E- -< --- ~ ^ WOOD fENCE AJ o )> o coNG "ON T1E-12QO' , +/ 80'3 CONe A Q 5 70 W MON VA VIEW 62,6 'oot- A VENvi'NCE SURVEY OF DESCRIBED PROPERTY SITUATE EAST MARION, TOWN OF SOUTHOLD SUFFOLK COUNTY, N, Y. r'--, 7-'-- i ! ["~ 'I' i , '! L"./r II i'U:. I ' I ;: - , I I TM# 1000-021-02-016 GUARANTEEO TO LEWIS TEPERMAN HELAINE TEPERMAN 16 MAY 05 26 APR 05 .25 MAR 05 29 APR 04 SURVEYED FOR: LEWIS TEPERMAN HELAINE TEPERMAN SURVEYEO: 5 APRIL 2004 I:.. SCALE 1"~ 40' AREA = 12,457.7 SF OR 0.286 ACRES \:_~~~ M::: : - cuvJ ijl ---~ SOl!tnoid Town B03ld of Trustees SURVEYED BY STANLEY J. ISAI<SEN, PO BOX 294 NEW SUFFOLK NY 631 - 7.34-5835 ,JR CHANGE NAMES ON MAP. ADD CONTOUR LINES ON BLUFF, COASTAL EROSION HAZARD LINE UPDATE DECK AREAS BELOW BLUFF CORRECT STREET NAME SPElliNG, LINE. 04RI3J 1 . ~', .".~. --=-. J ; ~ J> ( I . . 7 c ;I I " ,1; Ii .. . IW~ I , , I I "- i ~ - ~ ~ ~i~ " "'- j,. ...,..",,~,~,,~~ -'11 .. if'.. \ ~lU r, \ '"\t1t , .~ \<< \ '. ~ ~ \. \ \ \ ft~ r, H :t-. I ill r "' (f) ~ ~ I I I' ii~1 II II ~,,. ,[ I 1';\',,:. 111.1 ~t;' II , I. I h'. i.~ --,'- ; n~ , ~: ~ :~ ;, " l- ,~ - ~ "-; i ~ t ; ~ i'! If ! ~l: ~ ~I~~g '!1\H l'1 " ..., - f ~. er>l8 ., , l~ . .. '~ ~_u " L t.~::_g;:::;.:t r..t Ml)fiI.'F'\.rf __- ( . ~~ ~i ;' ~ 1~; ~.r-.,v""".? ,], --------, II '1 Ii r- I' .' .,. L . - > r , . . <l'- . c L " S881S0J1 to PJ8J8 '"'J IJA\01 PWI:ii!OS 0 r !jj~ ; .' I "m- ( " r ~. ~GuG j , 3J IA ~ 3J~3J 0 ." / ! . / ~)l:.\..~_ l- . . . "'\ SCA....=; I ;CZO'O Z 'i.: :~ ~ ,~ H 1l ~ . c ~ .'{ o ~ ~ f ~ c ? .r ~ . i II !I :! i, f' I I - , , ! ; Apr 07 05 05:44p Hoore Law OFFice 631 765 4643 p.6 r;l,~R,lNrrC;; 1N{JICA7l:D HER[ ON <;"i{AU. RI./N "'i";('I ~ PERSQNFOR ~~Oli IH[SUft'/fY " PR[PM'CD. .AND o,Vh'ISBEHAU' ro TI!( 71Tlf CGlJPJI"Y, (;()vrRN~NrA~ AG<:NCt; ,C"DllvC PVsrmm,"'A', II' ,I$'/'['O HfReON. AND Te' "HE IISS/GNU:;; o~ 7IfF tF.IJtXNC INSTITUTION, ~<)AR.."rr~s A.R[ /-10." 71>:AN5FCRJI,Slf ru AC1.~T10"'A.L,'N$rrTll"'Ic''''SORSUgSfOIJ[:r;TO~R$. LONG ISLAND SOUND 'W'(jTHOR,2~D "'I-/}-/i...rIO!l Of/ "'DD.'>iCJN 10 THIS s'-""v::"'s...101....nOflO"sfCr1CM/7209OF "i( Nil> YO'?"'S,A7l:COj;r::Ar;~LA,j" S 87'57'35"( 40.01' -O~>iI\OtTHISDAI[ ,-~'ES 0;- '''is SURvr"MAP l-.Jore~.R""(; "if tA"'D SlIRl'~Y,)QS D.t80SSEO S[AI. SHJltt .'I,JCsccO/IIS/Vcptoroac...II.QJ.ID71':(JC COP' lIIJOOsr.'/RS w/~~lUNG /WOOODE:CI<INO ~.- -, (I/.IE .K 0." 5 )'2.;. ! 0 '" O. 0 ~ '", I $1'OC~OE ~~, wooosHP5 "JlllIC>r';",,-;;riltlJff' ~ 8.6' . ~ 1.9' 0' ~_STC*Y RtSOOENCE " i ~ 1 . ~ ~ ~ "'. ~ ?-s r1 ------.-- " a o ^ , , a ~ ,',," n~' / g o ],2 '" ,- [Hm. ... '" t '" "'. '" .!!B~o::~1NG l ~ '^''' ",. TlE"'-I.200..../ BO. AQ 3510W VA VIEW 62,6 .;0;;- A VENui'"" tAFfffl/STONE O/I!'F-I\'~y SURVEY OF DESCRIBED PROPERTY SITUATE EAST M R/ON, TOWN OF SOUTHOLD S FFOLK COUNTY, N.Y. $URV ED FOR: JOANNA GIANNOPOULOS CD l~ K-,;"d /,:~ ""f" \( -\-. ex: I ~vc-tur-e SURVEYED: 5 APRIL 2004 SCALE 1 "= 40' AREA = 12.457.7 ST. OR 0.286 ACRES TM# 1000-021-02-0/6 SURVEYED BY STANLEY J. iSAKSEN. JR P,O. 80X 294 NEW SUF OLK. N. Y. 631-73 -5 35 04R1317 GUARANTEED TO: JOA OULOS IS TEPERMAN ElAJNf TEPERMAN ANK , 94~97-G5 18:43 RECEIVED FROM:631 765 4543 P.96 (;J)~f1~";ITU "'-OICA'ED >;fRC ON S1-I....l,;C, ~IJN 0'<, r 10 II<f "["SOl" FOIf !l.UOM I'H( SlMVE"Y I! Pi<CPA!;{(), -wo ON rfl5 iKloJALF rc 1/-IC rm..c Ca..PAN~, GO~~"'Al ~CI;NCr, LCN{)Nvr; !"~mU7Tf)N. " usrco ~I'>I. ANO TOM....SSlGJlIIT'SCF1J.Jft{Nf)lmrl'lSrrTUTlOf>/ G:JAfiA.NTfTS ARC Aior 1FIAN$TtRA6l.C ro ....CO'~IO/-O.L r"'STlrunON!> 011 SUS5rOUfflr O'MIlRS. U.~'AI,rHOPllroALIDt...r:CW~ADDtf/(>>J TO ~s S(JR~r IS ,. 10:01.0'\ nUl{ if ~CnON 1m OF TlJ(Nu'roItKsr"rrWtKATlo,.Jt..", CoPIES 0> r""sS(,lliO'f'~AI' N!;JT4C,l.RlNC i"C 1""1{) SVR.....l't\':S t,WBOSSro SCAL Sl-IA.L( Nor OC CO'iSl()(RfD ro<< A V....UD TRlJC COI'r, )V' i ~ ~ ~ F~B ~ IB :5 ~ I~ LONG ISLAND SOUND S 87'57'35"f" 40.01' AI'<'qON.i<'l'l1"150.uC OLOlQVfli (l.g' 5,3' 0. .. '" ci o , '" o. 1f '"' ~J'OClo:.o[l[ FfNC[ wooo'S"![P$ ~ 8.6' ~ :]'..9' .0' \ ~ 2-S1"0II"" llnllltHCt ~ . :,., ~ 20 1.2 .. ""'" ~ '" "". Co i "'. ll'),!!;.o~~"'" N '" .... '.... "'. :i% ~ o . ~ ~ [.o,AlM/SfO/'IlDllll/Pl.l'f ~ T1f=Ol,200 -f./_ 8. AQU 0 570 6 A VIEW A VENUE""" cO"' .... SURVey Of DESCRIBED PROPERTY SrrUATr EAST MARION, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEYf"D FOR: JOANNA GIANNOPOULOS TM# !000-021-02-016 GVARANT[E'D TO: JOANNA G~NNOPOUlOS l[WIS T[PERMAN HELAJNE TEPERMAN C~ASE MANHATTAN BANI'( ROYAL ABSTRACT SURVEY(O~ 5 APRIL 2004 SCALE 1 '.. 40' AREA = r 2,457, 7 S.F. OR 0,286 ACRES Soutilold Town Board 01 Trustees 29 APR 04 CORRECT STR((1 NAME SPEI.LINC. JR. OdR1311 s ~(l) v /sJer A~r 07 05 OS;43p Hoore Law Orfic~ 631 ?S5 4643 F.5 ~"'N1rCS Ir/{)/CA.TCOH[r?E~SHII(L RUN .!.\'TC 7}lCPCHSON~ Hf!GIII "mC5l!Rvrr .sPflEPARCD, AN() ON HIS OCH,!", ro me I11tEc"DMFmy,C(}'vCR1J4fOIlALACE'NCY, L[NDlNG IIYsnruTlC;J-J. If ,'51FD /oI€RCCW, ANO TO /1oif: ASSiGNf€S OF il{ftENOINClHsmUf/(]N. CUMAI';7l:CS ,life NOr 7r?MIS/t1f/IBl.f TO "ODlno"'''L'''snrunO''SOO$Uf1SEOUeNrO~RS. LONG ISLAND SOUND S 87"57'35"( 40.01' ilPF'fIOJ<;.HWtlI<JSJl,oo,T(" vNlllJIJ.I()JIIZOO ....YE:flAnON Ofi ACDlTION TO lIIIS su.;>O'[""IS A "'Ol-AllON I)f' SECTION 7209 OF me M:'I; YORK STAir fDUCAnQNUI\' CQPiCS 01' THrs SUII'vr->- MAP Nor OCMINC TkE (.0.'10 SLiRWl'llRf ('MBOSSEOS!.4l. $/tIlL/. NOT8E:CDN$IOEMIJro9F:AYALIDrRUl: COP~ OfC/(OYfR 0.'" K ~ 5.3' 1)>ovt > o n " , o " ~ o ~. TrC<=1,200 +/_. ~ A 803570 ... QUA VIEW 62.6 ..".- A VENUE"'" ... '" 00 u: :.... t ~ li)~c~.....L ~,"" ,... '" en -> '-' "'. E.'o'ITrV5T~rOlltI/EW.o.Y SURVEY OF CRISED PROPERTY SITUATE: EAST MARIO . TOWN OF SOUTHOLD SUFF LK COUNTY, N.Y. SURVEYED R: JOANNA GIANNOPOULOS SURVEYED: .5 APRIL 2004 SCALE 1"- 40' CD AREA == 12,4.57,7 SI, OR 0.286 ACRES P.t'J5 TMtI 1000-021-02-016 SURVE:YED BY STANLEY J. ISAKSEN, JR. P.O. BOX 294 NEW SUFFOLK. N. Y 631-7 4-5835 GUARANrrm TO: JOAN A G~NNOPOULOS l IS" HELAINE TEPERMAN AN onVM ^OC:-TOAf'T ;'i4Rl.~1 94-97-95 18:42 D FROM:531 755 4543 ;j 'r.:~ . ~ :: .{, "IIYt .~ ~ ~ ~~ · tl ii' ...~ I .. .t.f.l'r 'I.'''', "I'~ J I , >I--'-'~ .---....1. - . ..' f~~' '" l1 { . .. ..,.....-....,. =~~L . -I"~ ~...i~.f...{,1..").,....' 1 I if..... {"-t'=- .." ." 't- 1\1 1"....tI. 1'"'1.'.' .....J "( 1: "',~ ....., ,- I " ... .. '; "k ' ". \ ..: ...~ ",' " '! .. t.: ~~L _ ,__;_-' c';"i::"', .. ,*:, .;. ; r r,; -l" 'V .,' --........~. .:.; ... ,} ~ .~" I ,T.P';-;! ,,1t:-. I r:>" ~........ I... ~., q" .'. 1.~: ~ .1tIN ~ 1. ". h. Ifv9'-'~f" ... ~' ..'~ 1.. ~ ~ c!l .. '-h .:! !~'~l'~ij . / .l J~I t..4.i~,g I ...- .JD "n~;i#t~.H.t___ . . I ,N m. ;nph~~ '--....".'...',.. . ' S.,. j il,j in. tll!!i -'-'" . '. J f~il'~I;~ i~lflid~ ~.-._..._~- -!:~, ~4,1e--!-~!.w'.d...-_,_____,_.,,__,.. i:0'd 03/el/2a0~ 17:55 21 ,i:252~.i., 0~/B1/2B94 l~:ee Slb'33257?5 ...'--.. .__._.II-....,."..~I...--....-.._,. ..... 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' I It' !h, ~~iihrill .--..... ; "i(J!UliijfjIUi .....'......;,... ~._.- ...--Jnl~uiLd;WJL____.....__... '1 ' '~J l . I .~I.l , 1:';( ,,' .. ;' I , , C;, '. ~l "1 ~l U. HA:I'I 7M/7.nnlJ\ 900/~OO Il!J r' .... , r.~. i::t "II to.. '} ~':f. ~.\, '.l r) 'r ~ .~ " l '" ..,; -., \~ :<. (~ t, :~ " ~.. ''l 'l. ...J ~J ,(! ( II) l1 ',J i~ ,"~ q:' .I~ . '.:~ , ... ;. ... .. "l- II ... ~ ... ~. " /If " I f ~~ t~ w ~ . . ol..' .., -. \...., , ~ """'.... ~ , . ." " ~ :-( . ') ~ - !l ~ l~ .J) , ,<t 41 .t.. ,"" .. .... " .i :a! ~ ... II " '. ~ li~ 031 II . . !I I) to ~e i .... .. t it :{- "~ '. ....... ....... '* . ~'f' ?-~ ........,. \ ......-. ,0:~1 ~~e2M2t-~~ -,"'- r ...IJ:' ~N;;;;' :'; ---......i \ , , I j It! ..... "t~ 101 ti.: t~ I'tt '" "~'"'" '., , . . ;! ~. .~ : ~, It. :'\0 ~ t, ltl , , , Gi' .~ J ..,0/1_. ,..... ;.. . . f .\~ , ..:'J. <:J .Jo. ,i . .....--...."..-......... --' \l"1'13l1 ~HI'H ;S~.ttt~9 lIS:.! 'ua<i9~/Z,1 xv~ ~l ;Q Cl~Z!Za/~O XVJ 9~:LO 910~/~~/IO .., . . ELIZABETH A. NEVIlLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 16, 2006 Mr. Peter A. Scully, Regional Director State of New York Department of Environmental Conservation Bldg. 40 SUNY Stony Brook, New York 11790-2356 Dear Mr. Scully Transmitted herewith is a copy of the "Appeal of Denial of Coastal Erosion Management Permit of Dr. Lewis and Mrs. Helaine Teperrnan, 1225 Aquaview Avenue, East Marion, New York 11939 SCTM# 1000-21-2-16. This application is being sent for your infonnation in accordance with the Southold Town Code, Chapter 37, Section 35B. This matter has been assigned to our Assistant Town Attorney Kieran Corcoran. You may contact him at 631765-1939 for further infonnation. Very truly yours, O~1vLD~ Elizabeth A. NeJ.:-- Southold Town Clerk cc: Town Board Town Attorney Town Trustees ... . . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 16,2006 II''' .' 'i'H , . VI"II ,_ Ms. Denise M. Sheehan, Acting Commissioner State of New York Department of Environmental Conservation 625 Broadway Albany, New York 12233-1011 Dear Commissioner Sheehan, Transmitted herewith is a copy of the "Appeal of Denial of Coastal Erosion Management Permit of Dr. Lewis and Mrs. Helaine Teperman, 1225 Aquaview Avenue, East Marion, New York 11939 SCTM# 1000-21-2-16. This application is being sent for your information in accordance with the Southold Town Code, Chapter 37, Section 35B. This matter has been assigned to our Assistant Town Attorney Kieran Corcoran. You may contact him at 631 765-1939 for further information. Very truly yours, ~~~ Southold Town Clerk cc: Town Board Town Attorney Town Trustees James F. King, preSide~ Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel . Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTH OLD February 6, 2006 Patricia Moore 51020 Main Rd. Southold, NY 11971 Re: Lewis and He1aine Teperman SCTM # 21-2-16 Dear Mrs. Moore, The Board is in receipt of your faxed letter dated February 2,2006 regarding the above referenced application, and your request to discuss it at the next Trustee work session. The application you referenced has been resolved by a decision of the Board dated December 21,2005, after several public hearings on the matter. Please contact the Town Attorney's office if you have further questions regarding the decision. Very Truly Yours, Jt:=;.~ 4 President, Board of Trustees . . PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 February 2, 2006 !vlargarct Rutkowski Secretary Southold Town Trustees P.O. Box 1179 Southold Town Hall Main Road, Southold, NY 11971 FEe - 3 2006 Re: Lewis Teperman, MD SCTM#1000"021-02-016 Dear President King and Board: On December 21, 2005 the Board issued a decision which eliminated my client's use of the beach cabana and de~king. We have never requested a "dwelling", merely "as built" repairs to the existing beach house (a.k.a. a beach cabana). The Board's decision unlawfully directed removal of all the pre-existing amenities. In addition, the decking was not increased in size. The owner reduced the size of the original decking, as was shown on the 1980's are'" photograph (prior to Trustees's jurisdiction) , in that. an encroachment of the decking on the easterly neighbor's property was eliminated. The Board's actions have taken valuable and constitutionally protected property rights away from my client. You give my client no alternative but to go to Court. We respectfully re~lest that the Board consider a reasonable compromise which would avoid a costly court action. Please place this matt:er on YOll.r next work session calender so that we can discuss some alternat:ives t:o a Court action. cc: Dr.Teperman V"JCyci'uT)' yours, .... ...//~ /::~.;;/"/{ .."".... :' P~i~ia C. Moore '-....' I'd Ei>Si> SSl. IES aO~jJO mal a~ooW "SG'OI SO GO q~.oJ . . January 30, 2006 MEMO Today I spoke with Dr. Lewis Tepperman regarding his application to upgrade his beach house in East Marion. I called him looking for new plans regarding a resolution the Board passed in December for his application. I explained to him that we need more detailed plans in order to issue the permit for repairs to the structure on the beach. He said that the structure as it was was not a shed, it had been there "since the beginning oftime" with plumbing, electric, cesspool, windows, etc. and that he was not going to remove all that. He said that when he bought the house above, this structure was on the beach and it was a shambles, completely falling apart, and he had it removed completely, it was all gone. This is contrary to what his attorney in the hearing said, which was that only new siding and new windows were put on an existing structure, with the toilet replaced and upgrading up electric etc. He did want to comply with the conditions of the permit and wanted to speak with a Trustee or come to a work session; or may get into a lawsuit with the Town. , HC-r-1{',t -' . . . -, !;-. PATRICIA C.MOORE Attorney all :~w 51.020 Main Road .)owho/d, New York 11971 NOV 1 0 2005 Tel: (63!) 765-4330 Fax: (63]) 765-4643 November 10, 2005 Margaret Rutkowski Secretary Southold Town Trustees P.G_Box 1179 Southold Town Hall Main Road, Southold. NY 11971 HO\! '2 1\ Ll,uj Re: Lewis Teperman, MD_ SCTI1#1 000- 021- 02:: 016 Dear President Krupski and Board: On November 7, 2005 I submitted a request for an adjournment to give Tom Cramer, Cramer ConsUlting Group an opportunity to prepare the response to the LWRP. I am advised that the Trustees closed the hearing and want to issue a decision at their next meeting (Nov, 16th), we again object to the Board making a decision without giving the applicant an opportunity to submit a response to the LWRP recommendation. A review of your file shows that Doctor Teperman filed the application with the Trustees on February 17,2005. The matter appeared on the March calendar at which time I submitted an affidavit by the adjacent property owner, Palumbo and the Isaksen survey which the owner used when he purchased the property a few months earlier. The Board met with me and my client at a work session and the Board stated that if we could show that the beach structures and decks were grandfathered that the Board could approve the "as built" repairs made to the structures. Despite our submission of a current title survey which showed all the structures, YOU asked for a topographic survey. While the topographic survey was irrelevant to the location of the eXisting structures, my client ag-reed to undertake the expense. The meeting continued in April with additional testimony, in May I submitted a topographic survey. This survey continued to show the same structures before the repairs as after the repairs. I also submitted an areal photograph again showing the structures in existence prior to the Trustees jurisdiction. We anticipated an approval of the permits, however, the LWRP law was enacted one day before the Trustees meeting so this matter, as well as almost every 1 'd E"'~-br ~q/_ T S::-Q ...", T ....... _~..... ...... ................ ,- - I . . . . matter on your calender, had to be postponed (by the Trustees) since LWRP applications were now required. The Town and public received an educational program at the end of June on the implementation of the LWRP. We immediately submitted the LWRP application. On August 2~, one day before the Trustees meeting, you received the LI~P reconunendation from Mr. Terry. The appl icant was not provided a copy of this recommendation and was surprised to learn at your meeting that Mr. Terry had concluded that repairs to grandfathered structures were "inconsistent" with LWRP policies. I appeared at the hearing in September at which time I submitted an extensive exhibit for your consideration. Our expert on LWRP could not be reached in time before the September hearing because he was leaving for a two week vacation. Prior to the October meeting Mr. Cramer returned from his vacation and I was able to retain him to review the LWRP recommendation. Our first request for an adjournment was for the October meeting. For whatever reason the Town Attorney was advised that there had been "no activity" in the file when I requested the adjournment of the October meeting, however, I submitted a written response with exhibits for the Board's consideration as late as September 21st. Given that the L~mp recommendation is based on Mr. Terry's opinion of "Policy's" and that he disregards the express statutory right to repair and maintain existing" structures we demand that r'Ir. Cramer's response, when submitted, be incorporated in the record of this file. Therefore, the matter should remain open pending receipt of the applicant's LWRP response. Very truly yours, .~,--<->,"y ..;.-," -: , ""/.,;;."",,,'(: ,/ ~~~ ",,,,,,,,::...-. ..~.,.. ("PaEri~~a ~. Moore ~--.,.,,-. cc: Dr. Teperman Patricia Finnegan, Esq. Town Attorney 2'd Etl-StI- SSl. tES aO~330 mel a~ooW dSS:20 SO at ^ot.j . . PATRICIA C. MOORE Attomc}' at Law 51020 Main Road Southold, New Yark 11971 Tel: (631) 765,4330 Fax: (631) 765-4643 Margaret Rutkowski Secrelary November 7, 2005 Southold Town Trustees P,Q,Box 1179 Southold Town Hall Main Road, Southold, NY 11971 Re: Lewis Teperman, MD SCTM#1000-021-02-016 Dear President Krupski and Board: In accordance with our has retained Tom Cramer, response to the LWRP, previous correspondence, Doctor Teperman Cramer Consulting Group to prepare the Mr, Cramer has not completed" the report, therefore we request the matter be adjourned pending receipt of the report, cc: Dr,Teperman Very truly yours, /"', r"'-'~- /.... /2>:A' ~, ; - c,';/ ~ ~'::_..- ,- \"-"-Plrtricia c, M~6T'e \ I \ I L:',~- ____.____~_~....~_7~."""'""! I ''''f I~V\ -:.:.._.~...O.2J05 r'! . _ '>"11 ;,>!p~~ .------- t'd l>YSY SSlo tl>S ~O~JJO mal ~~ooW dSS:EO SO 1o0 "OW Oct 19 05 10:14a MO'" Law Office 631 . 4643 p.1 PATRICIA C. MOORE Attorney at 'Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 October 19, 2005 RE: TEPEMAN ~- ---- ~..,. .:\,'\ :i i';., 1.\ \\ '--,' Iii On 1 9 ~_t \ _--.----I Southold Town Board of Trustees Main Road PO Box 1179 Southold NY 11971 Dear Sir or Madam: Please be advised that we are putting in a response to the LWRP recommendation and that the file is not ready for final decision. If the Board chooses to act despite my request for an adjournment, you will be acting contrary to the Law and in violation of constitutional due process. ~f!ry truly-)ours, / .h' i/ 4~/Z' /- ~ricia C. Moore --.._~... PCM/bp encls. Oct 18 05 02:50p MOO.t,8W_ Office 631 .4643 p.l Tel: (631) 765-4330 Fax: (631) 765-4643 \-~~---_. IT 1"'"",\ ',,'" 'i r \ \ I '1 '-'-'___.'''.'----..- I' l.,. i.r-- 1"'\ il"" OC~ 1 c. I' \ \ L I' \- L-,- L---'------ --- ,-...-.... 'I, Ir' \ -~J \ \ \ ,'-,,\11 ii! ^cQ' ',' L'; {\.:"J i'-" .--J PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 :<:; October 18. 2005 Southold Town Board of Trustees Main Road PO Box 1179 Southold NY 11971 RE: TEPERMAN Dear Sir or Madam: With reference to the above, please be advised that we are requesting an adjoumment of this matter for this month's hearing, Thank you, /-~ V~&yuIY yours, 1 / ' ,_-0 J/ j r (/ } t: ' ' /1-_'- ,:,,1 ~~(f, /) 1 cJi{O PatnCla C~ Moore '------ PCM/bp Sep 21 05 10:42a ~e Law OFFice 63.65 4643 p.l PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 September 21 , 2005 via 765-6641 Board of Trustees Southold Town PO Box 1179 Southold NY 11971 RE: TEPERMAN Dear Sir or Madam: I respectfully request an adjournment of the above matter from tonight's hearing, Thank you, ~, i Ve~itruly yours, / ~ '~~~~~(:r1(j)l~ k12 i . . MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 PLANNING BOARD MEMBERS .JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON OFFICE WCATION: Town all Annex 54375 S te Route 25 (cor. . Rd. & Youngs Ave.) South old, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of South old Board of Trustees / 1[0) Ie a;: " " W leHt~.! V"fJ> IIlJI AUG 2 3 2005 Itg i From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: August 23,2005 SOlJthald Town BOcud of Trustees Re: Proposed Wetland and Coastal Erosion Permit for Lewis and Helaine Teperman SCTM#1000-21-2-16 LEWIS & HELAINE TEPERMAN requests a Wetland Permit and Coastal Erosion Permit for the existing beach house. Located: 1225 Aquaview Ave., East Marion. The project is located in the Coastal Erosion Hazard Area adjacent to the Long Island Sound in REACH 4. The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of South old Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the L WRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is generally INCONSISTENT with the following Policy Standards and therefore is INCONSISTENT with the LWRP. The reconstruction of the structure within the Coastal Erosion Hazard Area is inconsistent with the following Policy Standards. In addition, it is evident from the succession of surveys in the file that the house structure was enlarged dnring the reconstruction. I recommend that the Board require that the applicant clarify the use of the structure and amend the application to comply with Chapter 37 and further the intent of the following Policy Standards. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. NATURAL COAST POLICIES Policv Standards 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: . . A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard ~ Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. 2. Avoid reconstruction of structures. other than structures that are part of a water-dependent use, damaged by 50% or more of their value in coastal hazard areas. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: a. structures which functionally require a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. c. sites where relocation of an existing structure is not practical. B. Use vegetative non-structural measures to manage flooding and erosion hazards. 1. Use vegetative non-structural measures which have a reasonable probability of managing flooding and erosion, based on shoreline characteristics including exposure, geometry, and sediment composition. 2. Use vegetative measures to increase protective capabilities of natural protective features. Discourage clearing of existing, particularly indigenous vegetation during siting, design, construction and regrading phases of any development project. 3. Discourage alteration of existing natural drainage contours and swales and encourage enhancement ofthose natural drainage features where they exist. 4.2 Protect and restore natural protective features. Natural protective geologic features provide valuable protection and should be protected, restored and enhanced. Destruction or degradation of these features should be discouraged or prohibited. A. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of6 NYCRR 505.8. B. Maximize the protective capabilities of natural protective features by: 1. avoiding alteration or interference with shorelines in a natural condition 2. enhancing existing natural protective features 3. restoring the condition of impaired natural protective features wherever practical 4. using practical vegetative approaches to stabilize natural shoreline features . . 5. managing activIties to limit damage to, or reverse damage which has diminished, the protective capacities ofthe natural shoreline 6. providing relevant signage or other educational or interpretive material to increase public awareness of the importance of natural protective features c. Minimize inteiference with natural coastal processes by: 1. providing for natural supply and movement of unconsolidated materials and for water and wind transport Policy 5 Protect and improve water quality and supply in the Town of Southold. Policv Standards 5.1 Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards. B. Prevent point source discharges into Southold's coastal waters and manage or avoid land and water uses that would: 2. cause or contribute to contravention of water quality classification and use standards, or 3. adversely affect receiving water quality, or 5.3 Protect and enhance quality of coastal waters. A. c. Protect water quality based on an evaluation of physical factors (pH, dissolved oxygen, dissolved solids, nutrients, odor, color and turbidity), health factors (pathogens, chemical contaminants, and toxicity), and aesthetic factors (oils, floatables, refuse, and suspended solids). Protect water quality of coastal waters from adverse impacts associated with excavation, jill, dredging, and disposal of dredged material. Policy 6 Protect and restore the quality and function of the Town of South old ecosystem. Policv Standards 6.1 Protect and restore ecological quality throughout the Town of South old. A. Avoid adverse changes to the Long Island Sound and the Peconic Bay ecosystems that would result from impairment of ecological quality as indicated by: 2. Degradation of ecological components Degradation occurs as an adverse change in ecological quality, either as a direct loss originating within the resource area or as an indirect loss originating from nearby activities. Degradation usually occurs over a more extended period of time than physical loss and may be indicated by . . increased siltation, changes in connnunity composition, or evidence of pollution. 3. Functional loss of ecological components Functional loss can be indicated by a decrease in abundance of fish or wildlife, often resulting from a behavioral or physiological avoidance response. Behavioral avoidance can be due to disruptive uses that do not necessarily result in physical changes, but may be related to introduction of recreational activities or predators. Timing of activities can often be critical in determining whether a functional loss is likely to occur. Functional loss can also be manifested in physical terms, such as changes in hydrology. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. 8.3 Protect the environment from degradation due to toxic pollutants and substances hazardous to the environment and public health. A. Prevent release of toxic pollutants or substances hazardous to the environment that would have a deleterious effect on fish and wildlife resources. B. Prevent environmental degradation due to persistent toxic pollutants by: I. limiting discharge ofbio-accumulative substances, 2. avoiding re-suspension of toxic pollutants and hazardous substances and wastes, and avoiding reentry ofbio-accumulative substances into the food chain from existing sources. . . 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 (6Bl) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD March 21, 2005 Patricia C. Moore, Esq. 51020 Main Rd. Southold, NY 11971 RE: LEWIS & HELAINE TEPERMAN 1225 AQUAVIEW AVE., EAST MARION SCTM#21-2-16 Dear Ms. Moore: In regard to the above-referenced property, the following is a summary of the application fees paid vs. application fees due: Fees paid: Wetland Permit application (as-built) $500.00 Fees due: Coastal Erosion Permit application (as-built) $500.00 Total fees due: $500.00 Please don't hesitate to contact the office if you have any questions. Very truly yours, ~.I? ~'79J'<}. Albert J. Krupski, Jr., President Board of Trustees AJK:lms . . Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-_'-10'11 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only ::::C:asta1 Erosion Permit Application Wetland Permit Application Administrative Permit AmendmentfTransfer/Extension ~ceived Application: ;) (~OS ~eceived Fee:$ l ~mpleted Application ~lncomplete ~SEQRA Classification: Type I~Type II~Unlisted_ Coordination:( date sent) ...€AC Referral Sent: d.f 1'5)'i:Y\ ~ Date ofInspection: ,).,{ I fn /n '( ~Receipt ofCAC Report: . ~ Lead Agency Determination:~ Technical Review: ~-P1Iblic Hearing Held: ?,J <98/0':'5. Resolution: ~<tt LLDf.-1=> <.01<0(05 <if5wro oU1JL 'thq I5J H ~ n.q-",.~.~ lnlE 5 "'; 1"'- Soutnoid Town Board of Trustees Address 0200 Le.wts t /-I-e /q l,u IE. 3:( nd Sfl 3s-,5 , c2/~ Phone Number:( ) 7ep~rna4"V Name of Applicant /V.Y. , N,Y. /OO/b- bSOk, , 77'1- ;;;2.0/7 c~ e;)~\"~1 Suffolk County Tax Map Number: 1000 _ c;) / - 0.;;<- / '" Property Location: / O(~r A-? Uq V/~ Il-veYUu [a~r mo.-,non IV.V (provide LILCO Pole #, distance to cross streets, and location) PtJrtc~C{ (' /J/oore ~1 AGENT: (If applicable) Address: 6102-0 fY1CUf1 . ROo.d Phone: 7 t:, J- i./ :3 3 0 5~/d Ny' /1'17/ . . Board of Trustees Application GENERAL DATA Land Area (in square feet): ,. 2 8{p.-k-. Area Zoning: R... to Previous use of property: ~,~.&'1-<-C'; ~ 13cp,~ f/~ Intended use of property: :/,,"~ Prior permits/approvals for site improvements: Agency Date Pv (01 Ou,"lU.U; 1Y~ Sa!qtn6'N....73 S (X.( nr7q 6-/0 YJnopou )0 '5 (vn~L'U""Yl) '0'/ -L No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? ~No_ Yes If yes, provide explanation: Project Description (use attachments if necessary): fZepCilr .&v,i"Ii?'lj 6/Yuch~ . . Board of Trustees Application Purpose of the proposed operations: WETLAND/TRUSTEE LANDS APPLICATION DATA f;pa I Y i2/}( ( sh~ J S IYvc h~_ 11 /J /. 41- " t-7:7 !;U<-t-c;r Area of wetlands on lot: L JS'c,?Jsquarefeet Percent coverage oflOl: % Closest distance between nearest existing structure and upland edge of wetlands /5" feet (N" c-aa4"ji?) Closest distance between nearest proposed structure and upland edge of wetlands: J':;) feet Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated? o cubic yards How much material will be filled? D cubic yards Depth of which material will be removed or deposited: D feet Proposed slope throughout the area of operations: Ha--I- Manner in which material will be removed or deposited: e~ mCl~ by ha'11'-/ ..e-,.~.4CacAt?V;?M '7 cf.u.~ N-mfTV-('d Idc.-<'A: tAd hadJ l 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): No-x..e - -e/Y(sfvYo.-j sf-vu(-~ NfJa-<<-e-d . . Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: r /.~a.-t..( >t:?Y'&rj10zQ .d2~~ I Are wetlands present within] 00 feet of the proposed activity? )( Yes No Does the project involve excavation or filling? ^ No Yes If Yes, how much material will be excavated? ( cubic yards) o ( cubic yards) How much material will be filled? Manner in which material will be removed or deposited: J/ JA Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) ,~ / ; ~ S ivu ch..4...-U /Y' f (/ I n."c! ~ a-u oS u.~ C-UyU hy haY! d Cl/l.e4. 1!1 U?<7lzno r:Lr..",..t:.tA'lJ ~AfL-uJt2~q I / I h1 ~1tu:..(!.#,/ChJM ~~A'7J/H.'7'd. .. . 61720 PROJECT 10 NUMBER APPENDIX C~ STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) SEQR ,. APPLICANT I SPONSOR ~ 2. PROJECT NAME f/(PU-P U-t-<_H.<1 I ~p-eA--n?a-rG ,4e a cd "o/tt4-<./l 3.PROJECT LOCATION '_ . & C. /../ /cltc.- 1;;L;25 ~ ua 1/ le~<.J 1"- Municipality '';p.in/1, County - 21// 4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks ate - or provide map / ;J-::?5~ ArtUCt~7~ .4w - ;;2/ - ;;{ -/b /000 5. IS PROPOSED ACTION: 0 New D Expansion [2g Modification I alteration 'M /c.u:,d' ,i! pkt<e ll<j04-u-a 6. DESCRIBE PROJECT BRIEFLY: Lu.-<-L-r . f-o ~~J ~ t~fc~ Dfvuo/-r.~ ~ ( i/,,/ ./4..-1 tu_L-O /YY7adL 'h a (..-:J!-v7tc; 4:Cuu!.h'V'-P 7. AMOUNT OF LAND AFFECTED: .'Z%b Initially ,: Z~ acres , m Ultimately. ~ acres 8. 'MLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? I.2S Yes DNo If no, describe briefly: . No Ur''I'--O,;m -- /U~~ 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) 5GI Residential D Industrial o Commercial DAgriculture D Park I Forest I Open Space OOther (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) DYes ~NO If yes, list agency name and permit I approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes ~NO If yes, list agency name and permit I approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION? Oves 121 No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE . /. .b. Date: ;{ - 1-c; J Applicant I spons~ ~o..i.A R.~A/YYJa'7L.- '/ / / ~ 'udY; <- C'm~ Signature ". .? '\. ,---/ If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment . . PART II - IMPACT ASSESSMENT ITo be comDJeted bv Lead Agencv) A DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. DYes DNo B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. DYes DNO C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality. surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: I I C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: I . I C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: I . I C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain bnefly: I I C5. Growth, subsequent development, or related activiUes likely to be induced by the proposed action? Explain briefly: I I C6. Long term, short term, cumulative, or other effects not identified in C1~C5? Explain briefly: I j C7. Other imo8cts including chanaes in use of either auantitv or tvne of enerav? Exnlain brieflv: I I D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? {If yes, explain brieflv: I DYes 0 No I c "'"~. 00" '"00' '''a, ro "'. """"""'" ~'ffi ro ~,~~_oo"' ~_~~& '"'=, "~ ...' DYes 0 No I I PART 11I- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwisesignifjcant. Each effect should be assessed in connection with Its (a) setting (Le. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope: and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actio Will NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi determination. Name of Lead Agency Date Print or Type Name of ResponSIble Officer In Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) FE8-11-2005 16:08 From:NYU+TRANPLANT . 2122638157 To:631 . 765 46"3 P.1/1 , 8Qa~d of Trustees App1ication AUTHOR.Il\.ATION' (where the applicant is not the owne~) ." I, Lef-tJrj,. 7:irif"'"""'''''N\.... (pr~nt owne 0 property) residing at "200 €i, '3;;) Ad <.1f-. (mailing add1'"!l$sl 3'5' 8, N-Y. J N,y /<:><>/ b . do hereby authorize 2fYr-<-<~ c mo~ (Agent I to apply for pecmit(sl from the on my behalf. 8 l'd e..e.. S9L lee BOl~JO mw, ~~DOW d..O'''O SO 60 q..,;j . . PATRICIA C.MOORE Attorney at Law 51020 Main Road Southold, New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 March 14, 2005 Southo1d Town Board of Trustees Southold Town Hall PO Box 1179 Southold, NY 11971 . Re: Premises: Hearing: Lewis and Helaine Teperman 1225 Aquaview Avenue, East Marion March 23, 2005 Dear Ladies/Gentlemen: Enclosed please find the Affidavit of Mailing with two (2) certi f ied receipts, along wi th the Return Receipt cards. Also enclosed is the Affidavit of Posting for the above application. Very truly yours, tff~ ~~:ve PCM/mr Encls. ~1.r ~.<<~. if: U I! II,' n 1 , ,y, t~, I i J, L---_-J ~,...... :'.,:" ,V,','ll Board [Ii Tn:'i:t'c~ c- r.'Yi '-~!nl I, 1",1 .--/ . . SOUTHOLD TOWN BOARD OF TRUSTEES TOWN OF SOUTHOLD:NEW YORK -------------------------------------------------x In the Matter of the Application of Lewis and Helaine Teperman (Name of Applicant) AFFIDAVIT OF MAILINGS -------------------------------------------------x COUNTY OF SUFFOLK) ST ATE OF NEW YORK) I, Vanessa Craigo residing at Cutchogue, New York, being duly sworn, depose and say that: On the 28th day of February, 2005, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office Southold, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. ~ 0OJ}D (Signature) Vanessa Craigo Sworn to before me this 28th day of February, 2005 -~h:/~~' ( otary t~~~~ET c. Rl./TKOWSlO Notary Public, State of New Yolk No. 4982528 Qualllled In Suffolk eo:mr'.J.J/o 7 (lommlIIloII ExplrM June ... ............ PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. . . 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 OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of -~--~--Jj~-~-~----~-gJ." COUNTY OF SUFFOLK) ST ATE OF NEW YORK) AFFIDAVIT OF POSTING I Patricia C. Moore , , residing at 370 Terry Lane, Southo1d, NY 11971 being duly sworn, depose and say: ~ That on theio'ltday of rnd-, 200~ I personally posted the propertylmown as 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 PI~Wr eight days prior to the date of the public hearing. Date of hearing noted thereon to be held 'N. '"'nt4U' ^ ~~S - ""A' . ~n ~ tI '1;00 'hi. ) /..~- Yature) Dated: (>I7lJf:!c;.J 10/ ;;>.coS- Sworn to before me this loyJ-l day of"lI.ec~200 S- ~~/e~~ Notary ubhc MARGARET C. RUTKOWSKI Notary Public, State of Naw York No. 4982528 Quallflad In Suffolk Countr.. _. 7 Comml88lon ExpirelI June 3, ~ " . . . PATRICIA C. MOORE €~' Attorney at Law 51020 Main Road Southa]d, New Yark ] 1971 Tel: (63]) 765-4330 Fax: (63]) 765-4643 Margaret Rutkowski Secretary February 28, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Re: Lewis and Helaine Teperman 1225 Aquaview Avenue, East Marion, NY Dear Neighbor: My clients, Lewis and Helaine Teperman, are seeking approval from the Southold Town Board of Trustees for repairs to an existing beach house structure located on their property at 1225 Aquaview Avenue in East Marion. A copy of the survey is enclosed. A hearing on this matter lS scheduled for Wednesday, March 23, 2005 at 7 p.m. If you have any questions, or wish to support this application please do not hesitate to contact me. Very trulY ~~// { ~ /::>"77 L/p~~ricia C. yours, Moore cc: Lewis and Helaine Teperman PCM/vc encs. 1< , ru..n,.mrts lIltDtC,o'l'O "ICRe (IN WA" INN O'nr'O>><("Hr$OIJ"OIf~rH($VRYE"r IrPRCP.v;((), ~()N<<ISJlC~,l.LFr.,'I-I( rlflC C~#'... CC\ICRNUEoIT"L JlCCNCr. U~ /fISrlru11P'J, IF" USTCP HtRCON. .01'0 1"0 TkC AS5lG'fllffS or THe L(/'IO<NC lJoJsnrunOt-l C;J""AN'fUS /lRC "lor ~."'sr()lA.6I..C TO "O()!~IOJ>W. INSTITUTIONS OR sutJstournr O'M/CJlt$. U.\',l.lo"'OllllfO .aLTU'lAFON (}Ii' JlDOlT/(W TO THIS nrR~rIS" "'tX>\T/G1'fIYSI:C7tON 12m OF Tkf Nfoll Illll'K sr>\/O rouc",1I()r.l (...If COP,ES IJJ' 'HIS Sq,o;"l'E'r),lAP N:JT BCJ,RIMi T/'Cllt"'DruR\oE'~$!."'80SSfl)SCJ\LS>i....L /JOT 9{ C"..SJO(R[{) 70 ~r " v..UO mtlC cO/'r, LONG ISLAND SOUND S 87'57<35<<" 4-0.01' ~.k"I.l"'SCLVl OlCl<O\I!:Ii" ~.9' .if Z s.)' 0 -, ~ '" . 0 o. -i. '"' $1'lX'K,o.OC "!Her .,..oooS'1(PS 1.ll-.....~IM""..L!'<I'f , 'Ot~~ OV!II' tIN( ..... 0.8' 0. ... a> g , '" :].9" R 'i . 8.6' 32.3 , ..DOOO(CI< . , w/....ll!lG ~ ~j..; 7,. i 9 1-S10fl" a ~nlOrNa: :" ~. ~ ... ~ '" '" "'. l < \('),!'1Iq,.,.Gl!l!'~ N '" .... '" "'. .0' ; \ ~[ ~ o " " . % ~Sf(lNEOAfV('II~l' t... Tlr"'1200.../ ca><<: AQUA VIE80w.J5 10 W 62.6 ,.. '" A VENUE'<' SURVEY Of DESCR/8ED PROPERTY SlruATE EAST MARION, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. TM# 1000-021-02-016 GUAR,4.1'"rTEED TO: JOANNA GIANNOPOULOS LEW!S TEPERMAN HELAJNE TEPERMAN C~ASE MANHATTAN BANK ROYAL ABSTRACT SURVEYED FOR: JOANNA G~NNDPDULOS SURVEyED: 5 AFRIL 2004 SCALE 1'", 40' AREA = 12457 7 S.F 'OR' 0_286 ACRES SURVEYED By STANLEY J ISAKSEN. JR P.O. BOX 291 NEW SUFFOLK. NY 631-7 4-.5835 29 APR o~ CORRECT SlR[ET NAME SPELLING . NEIGHBOR LIST: Lewis and Helaine Teperman: 1000-21-2-16 1000-21-2-15: Richard G. Moeller 59 Idell Road Valley Stream, NY 11580 1000-21-2-14 Albel1 Palumbo PO Box 602 East Marion, NY 11939 . , . _"wn of South old . . LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAP for proposed actions that are subject to the Town of South old Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. * Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of South old Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affeCt the achievement of the L WRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the L WRP policy standards and conditions, it shall not be undertaken. A copy ofthe LWRP is available in the following places: online at the Town of South old's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION (LEh/(~) .J-!ffll9lrt E TE P f R. rvJ Itri) ;2 /6 . SCTM# ;fJ! The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees C8l 1. Category of Town of South old agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) o o (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: ~ Nature and extent of action: . _RFQ fA Es r FoR. wET 1111'1 D PeR.. tnlf + [:0 f; TJ9 L ERa S 10 r/ ~ , , -eF R YY,Jt r F 0 1<. R E P f} 1 F< ,5 To E x I,~ n IY r:;. R F 17 C; H H 0 4 S E . . " . Location of action: /.2 ~ S- ft~u. It V/Fw 11//1: FA,'\, r mA f?Jn.t1 C''' .? 8'6 Present land use: .5/ /"j r:; L E (-17 111/1. -..; I R-ifo . Site acreage: R .. .' ESt DfrjT/r-J/~ Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: L E W I~.J.- ,If E L /7 /./'j F TE PER /11 ri ri (b) Mailing address: c.../D P 19 T fIe I J1 C - JrJ CJ 0 R L ")/0,:).. 0 1011J-;';-{ Roft} / ,"nL! rllOL;J, /'/.'I /1'17/ (c) Telephonenumber:AreaCode() 63/- 7t:s-- 1f-23o (d) Application number, if any: - Yes 0 No.!81 Will the action be directly undertaken, require funding, or approval by a state or federal agency? If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastallocatiou, and minimizes adverse effects of development. See L WRP Section III - Policies; Page 2 for evaluation criteria. J8JYes 0 No 0 Not Applicable_ . . 7tX1-l f [;J- R;fJf, J:,J;~/;%1i(; ~,}[!{lrJ;fJJ?:;)':W/ Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Towu of South old. See L WRP Section III - Policies Pages 3 through 6 for evaluation criteria DYes 0 No ~ Not Applicable . . . . Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resonrces throughout the Town of South old. See L WRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ / Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III - Policies Pages 8 through 16 for evaluation criteria ~ Yes 0 No 0 Not Applicable Prtof'OJJe.-O , . .. W-/l~~/r~f;9~ 0- /tf2 0/ I, J, /'/ -- ,5-. --1] v I< F F) . /Y s J + J;A;'o%4h_~~~~~ ~Ig "'~; L THi~Y;'Tt ?~~i~~T -R E: S t1 4" ~ s c1 i::.- E. 0 f( - y~ / Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of South old. See L WRP Section III - Policies Pages 16 through 21 for evaluation criteria DYes 0 No ~NotAPPlicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of South old ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See L WRP Section III - Policies; Pages 22 through 32 for evaluation criteria. DYes DNoI8) Not Applicable . . Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of South old. See LWRP Section III _ Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. DYes 0 No ~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of South old from solid waste and hazardous substances and wastes. See L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria. DYes 0 No l8J Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of South old. See L WRP Section III - Policies; Pages 38 through 46 for evaluation criteria. o YesO No~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. DYes 0 No ~ Not Applicable \ . . . . Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources iu Long Island Sound, the Peconic Estuary and Town waters. See L WRP Section III - Policies; Pages 57 through 62 for evaluation criteria. DYes D NoJ81 Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section III _ Policies; Pages 62 through 65 for evaluation criteria. DYes D No ~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. DYes D No~ Not Applicable . ;. ~ APPLICANT/AGENTnREPRESENTATfVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the Dart of town officers and emolovees. The Durnase of this form is to nrovide inforination which can alert the town of oossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: (~/JJ-1:/.J -r:~~a--n-M-O. (Last name, first name, -I11iddle initi . unless you are applying in the name of someone else or other entity, such as a company. Jfso, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of Zone Approval of plat Exemption from plat or official map Other . (If''Othe''', name the activity.) --r1AA-1J I-ce-c Building Trustee Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or bus'iness interest "Business interest'~ means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO )( If you answered "YES'", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, "rchild is (check all that apply): _A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); _B) the legal or beneficial own~r of any interest in a non-corporate entity (when the applicant is not a corporation); _C) an officer, director, partner. or employee of the applicant; or _D) the actual applicant. DESCRIPTION OF RELATIONSHIP S~bmitted~e- SIgnature . Print Name 200~ Fonn TS I