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Home My WebLink AboutTR-6955 Justice Court of the Town of Southold County of Suffolk, State of New York People of the State of New York -against- Decision and Order D#11090368 Andrew Zoitas, Defendant Charged with two violations of the Town Code, §111-8, Coastal Zone Permit and §275 -5 No Wetland Permit, Defendant, a co-permittee of the premises, was afforded a non-jury trial. Defendant and his Father, the title owner, were joint permittees on permit no. 6955 issued August 29, 2008 and thereafter amended on August 30, 2010. On September 20, 2010 the Town Trustees issued a Certificate of Compliance. At some time thereafter one or more of the Trustees had occasion to observe that the premises had been the subject of alterations, and that it no longer appeared as shown on Peoples Exhibit#3. At trial the people proved the violations however no proof was offered that the Defendant was involved in the alterations. The Proceeding would lie against the owner of the premises only, or one of the persons described in §275 — 16 of the Town Code. These two violations of the Southold Town Code against Andrew Zoitas are dismissed, after trial. SO ORDERED: September 6, 2012 Adolph Bruer, F RE lj E ' Southold Town Justice �f WN, F SO Tff OLD C /00 �. O P i / w0 O �3 BH O 0 / / ♦ 3 MP 0/ / O/ APPROXIMATE LOCATION OF /' / + , ,, + 12 PV - ♦ 10/ EXISTING FENCE AND GATE / ♦` // / TO BE RELOCATED / / ' % ' % 25 SS 10SSG ♦ // / / A ♦ ♦♦ // �A O��OG, % RELOCATED FENCE 0 f AND GATE ♦ � / �,/ iii \�-o ♦` O/ �F/� � zz - A tel, / o , iii X t G/ ♦ / �+ z2z �G ♦ / + ii y M + i l i i r ♦/ z z z z z z 7 - 100 SS 25 SSG '' O z z z z ., , . 50 PV m ♦ 4 BH + Z 5 MP �Q'o kp 0, % EXISTING TREE,TYPICAL ��\QOO� ��♦ 'G O \ O O FQ \♦ BOG tic y �y` ♦♦ ALF i ♦ ♦ S `rG 0 GS 0'� • �Q 00 s 0 l F Off, ill 2 G GP ii ♦i i �i i i1 ♦ . • - - -- -- iii �/ �o`4 O .S \�3 9-O P D APR - 8 2014 Jd�llfi0,�Y'eli r REVEGETATION PLAN ZOITAS RESIDENCE County Road 48 , Greenport, New York PLANT SCHEDULE SITE DATA: QTY SYMBOLmars all paetzel BOTANICAL NAME COMMON NAME SIZE -07 landscape architecture, pc 000-40-01 SCTM#: 7 BH Baccharis halimifolia Groundsel Bush 5 gal. Lot Area: 49,881 01 PO Box 478 8 MP Myrica pensylvanica Northern Bayberry 5 gal. 62 PV Panicum vir atum Switch Grass 1 al. Area To Be Re-vegetated: 2,184 SF 12830 Main Road �— Mattituck, NY 11952 125 1 SS Schizachyrium sco arium Little Blue Stem 1 gal. NOTES: marshall paetzel ph 631-209-2410 35 SSG Solida o sem ervirens Seaside Goldenrod 1 gal. LANDSCAPE ARCHITECTURE mail@mplastudio.com 1. Base map information based on survey prepared by Peconic Surveyors, surveyed s e a 1 0 10 20 November 2, 2009. \1PNDSCA 2. This drawing is for the purpose ofdRi�SHAL r� 9 obtaining permits only. NOT FOR <t,� CONSTRUCTION. Scale 1"=20' _ 3. Unauthorized alteration of this plan is a � violation of NYS Education Law. DRAWN BY: S.PAETZEL,RLA L•1 N DATE:2013.11.13 REVISED: SHEET 1 OF 1 �D BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 8007 CAUTION:TIIIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING. TIIIS INDENTURE, made the 1'1''day of January,two thousand and eight, between KACE LI, LLC,a New York limited liability company,having an address at 755 Main Road,11.0.Box 67,Greenport,New York 11944, party of the first part,and THOMAS ZOITAS,having an address at 93 Sussex Drive,Manhassett,New York 11030, party of the second pan, iVITNESSETtl,that the party of the first part,in consideration of TEN ($10.00) dollars. lawful money of the United States,paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in the SEE SCHEDULE"A"ANNEXED HERETO AND MADE A PART HEREOF BEING AND INTENDED TO BE the same premises conveyed to the parties of the first, part herein by deed recorded on 4/14/1999 in (as) Liber 11957 Mp 433. TOGEWIER with all right,title and interest, if any,of the party of the first part in and.to any streets and roads abutting the above described premises to the center tines thereof, TOGETIJER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO IIOLD the premisrs herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. A M R h 7� 4 i Fdrst American TWO Insurance Company of New York Title No.3003-213823 SCHEDULE='A ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING AT GREENPORT,TOWN OF SOUTHOLD,COUNTY OF SUFFOLK AND STATE OF NEW YORK BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWESTERLY SIDE OF NORTH ROAD(C.R.48)DISTANT 1380 FEET, MORE OR LESS NORTHEASTERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE NORTHWESTERLY SIDE OF NORTH ROAD WITH THE NORTHEASTERLY SIDE OF CHAPEL LANE; RUNNING THENCE NORTH 360 39'10"WEST,ALONG LAND NOW OR FORMERLY OF R.W. SURPRENANT, 487.43 FEET TO LONG ISLAND SOUND. THENCE ALONG A TIE LINE, NORTH 42°46'20-EAST, 112.18 FEET TO LAND NOW OR FORMERLY OF R. E. AND D.A.YOUNG; THENCE ALONG SAID LAST MENTIONED LAND, SOUTH 340 11'20-FAST, 520.91 FEET TO THE NORTHWESTERLY SIDE OF NORTH ROAD; THENCE ALONG THE NORTHWESTERLY SIDE OF NORTH-ROAD, SOUTH 610 23'20"WEST,88.75 FEET TO THE POINT OR PLACE OF BEGINNING. THE policy to be issued under this report will Insure the titre to such buildings and improvements erected on the premises,which by law constitute real property. FOR CONVEYANCING ONLY:TOGETHER with all the right, title and interest of the party of the first part,of In and to the land lying in the street In front of and adjolning said premises. AND the party of the first part,covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying;the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. KACE Ll, L By . Name: , Vol E. Kontokosta Title: ember IN PRESENCE, OF: Acknowledgment STATE OF NEW YORK ) ss.: COUNTY OF uPkZVA ) On the�day of January in the year 2008 before me,the undersigned, personally appeared MICHAEL E. KONTOKOSTA,member of TACE Ll,LLC, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose numc(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument, the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument. (signature an ice of individual taking ack edgment) R ' NdrrPd*,-stab d N"YO* Na 01MC812=1 OLWOeaatnsift&ca•ffly Acknowledgment by a Subscribing Witness 0"*w10,E9ina Fehwy 14,2X9 STATE OF ) • } ss.. , COUNTY OF ) On the day of in the year before me,the undersigned, personally appeared the subscribing witness(es)to the foregoing instrument,with whom I am personally acquainted, who, being by me duly sworn,did depose and say that hc/she/thcy residc(s) in - (if the place of residence is in a city,include the street And street number, if any,thereof); that he/she/they knows) to be the individual(s)described in and who executed the foregoing instrument;that said subscribing witness(es)was(were)present and saw said execute the same; and that said witness(es)at the same time subscribed his/her/their nume(s) as witness(es)thereto. (signature and office of individual taking acknowledgment) Number of pages f REMRUED 20m Jan 25,01.08:56 PM Judith A. Pascale This document will be public CLERY O record.Please remove all �� fir/ L dQ0012538 Social Security Numbers P 546 prior to recording. DT# 07-17152 Deed/Mortgage instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Mortgage Amt. Page/Filing Fee 1.BaslcTax Handling 5. 00 2. Additional Tax TP-584 SubTotal Spec./Assit. Notation or EA-5217(County) Sub Total or /Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. J6 . Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit • + ManslonTax The property covered by this mortgage is Certified Copy or will be Improved by a one or two NYS Surcharge 15. 00 r family dwelling only. Sub Total YES or NO Other -- Grand Total If NO, see appropriate tax clause on page Y of this Instrume t.�� r r 08001787 1000 04000 0100 007000 4 Dlsd3 F S 0 5 Community Preservation Fund A Real Property N I Consideration Amount $ Tax Service Agency CPF Tax Due $ rl Verification' Improved 6 Satisfactlons/Discharges eases.Ust Property Owners Mallirn—gAddress RECORD&RETURN TO: Vacant Land AA 7 h"cLo re_ S+'a.m CLS TD• V Ca,r t e- P!6LC-e.. TO Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Informatlon 310 Center Drive, Riverhead, NY 11901 Co.NamelFW Amerkilft 1piGfillwo Compn of Now York www.suffiolkcountyny.gov/clerk Title# 3 00 — QL l 3 a3 8 Suffolk County Recording & Endorsement Page This page forms part of the attached R A iZ!9A I N A K D S 6 L-� Di-IC-.D made by; (SPECIFY TYPE OF INSTRUMENT) A C'e _- L.— C The premises herein is situated In SUFFOLK COUNTY,NEW YORK. TO in the TOWN of So1.L+6o1 Cl. ILO f+CLS In the VILLAGE or HAMLET of 'ate p-1no r BOXES 6THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. aver I IIIEIII f[ll Illif 1[111 Illll IIIII E(III I!I[I 11111 IIII IIII I IIIII[IIII IIIII IIII I[II SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 01/25/2008 Number of Pages: 5 At: 01:08:56 PM Receipt Number : 08-0007505 TRANSFER TAX NUMBER: 07-17252 LIBER: D00012538 PAGE: 546 District: Section: Block: Lot: 1000 040.00 01.00 007.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $825,000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $15.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $165.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copiess $0.00 NO RPT $30.00 NO Transfar tax $3,300.00 NO Comm.Prea $15,000 .00 NO Fees Paid $18,545.00 TRANSFER TAX NUMBER: 07-17252 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clark, Suffolk County PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM 3003-213$.'7� INSTRUCTIONS: http:#www.orps.state.ny.us or PHONE. (518) 473-7222 FOR COUNTY USE ONLY REAL PROPERTY TRANSFER REPORT Ct.SWIS Coax STATE OF NEW YORK Date fltt�d � 1 STATE BOARD OF REAL PROPERTY SERVICES RP - 5217 C3.t3oott �•Pap ~- -"+ UP$:17 k".W7 PROPERTY INFORMATION ,.P.apart,► S C.ou � C ---01L 7 My TOW9 2W COOK z 6uyar I 4'4D tTA 5 _ I ►.h Name LAM ROM t PnaT Hui I 3.Tax indicate whre haute Tac SU are to bo aoM :z a 1. +-PLfr Offing If other than buyer address W batten of brim) r r N&AK tCOWA NAAX-- Addraee 3 , Yl r�o jfWffKUiWfi AND WRIT NAM r r sTATIL nr GaDC 4.Indicts tM number of Assessment !only if Part of a ParcaD Mack as they apply: Retl parcels ttarraFerred on the deed a of Parcels ON ❑ Part of a Parcel 4A Plarrtkq Baerd with Subdivision Auttwrfty Exist ❑ 48.Subdivwion Approval we Ro*uad for Traruf•r 6.Dead pr�MY I RKW Key i x 1 DOM- 4C,Parcel Approved for Subdivision with Map Provided ❑ size S.sea. M"NAM w n COLWANY I LAST war rOWFAW I FBI RVA I 7.Cheek the box below which mast eamuatefy daunbee the um of the property Ej the 11219 of selF Crede the bores below ae they appitr. K Ownership Type is Condominium ❑ 4DA One Family FMei lontlal E AwkLillural 1 Community Servico IL New Construction on Vocani Land ❑ R 1 or 3 Family Rasideraial F Comenercla( J kxkwuw two.Property taumd within an Apricuft rd(]strict ❑ dentist Vaunt Lend O Apartment K Public Samoa LOB,Buyer received a disclosure medico indeco int ❑ NTT-Residon"Vacant Land I{ Entertainment/Amusement L' Forast that the property Is In on Agricultural District SALE INFORMATION 16.Cha*one or mon of thus condItiom as SWUM t"to trarrsf r S! i 0 �- 11.Sale Centrad DAL I —� � I A Sale Betwaun AelativoS or Former AaISIIvss situ ser B Sale Between Related Compwkw or Psrtnors In Business C Ono of the Sayers b also•Seller 12.Data of$ale/Trawler I ` r ` D� i3 BuYer or Salior is Government Agency or Land Ing Ingd"ton worm D" Yoar E Deed Type not Warranty or Bargain and Sale(Speaty Below) l= Sale of Fractional or Lea than Fee Wered(Spoc-,ffy Baiowl �' �. y1 iJ U ' QJ G S10fiunt Changs in Property Between tuSal Taxable Stos and e 0a 13.FLA Sale Price I O( ((J� F{ Sale of Business is Indudod in Sale Price f y s (Full Sal*Prig is the tow(amount paid for the property Ineiuding Pmoaal property. 1 Other Unusual Factors Af%cbng Sale Price(Specify Relow) This payment may be in ttu form of cash,other property or goods,or the asawnption of J None modgeges or other obligotiona) Please round to ft ne4rost wtwfo dolor unt 14.Indiceta the value of peraand properly Included in the nab • ASSESSMENT INFORMATION-Data should rufiact the latest Final Aaaesament Roll and Tax Bill 16.Yew of Atsea"Wa Ito tram t� j 117 Tool Anamed Vaiw(of am perrels in transw which hformation taken 18.Props"Class �.1 ,31_u 19.School 17istr)d Nene 20.Tar Map Idwrlifierlsl/atoll Identifier(s)(i more than four.atteuh sheet with additional IdentlBar(el) t>(S4-,i t+ — - Q�0 -•-- � I S��i o v, 0�-o, oo I �sr~s 01 .00 GO 7. cx)0 I CERTIFICATION I cert$ that all of the ttctaw or infonwAkm entered ata this forth are tare and cat.cc (to the beat of Bey knowkdp mrd bcoeD anti 1 mrdcnland that for maidag or any wtIdW fakir rclatcmrrtt of material fan hCrVbl"W a ubjea me to ttw prQwhlorn or des dregd law"relative b the leaking and fling of h1w Imirumm& Suva BUYER'$ATTORNEY ams mar.ATuu DATE LAST ws1! rase Wirt engin nwsee JrUU r AREA Con ttun K raaBEA inn+ I N y I I["If OT'On Ta'AN ER rrATr 21►tXaE _ � NEW YORK STATE COPY r a�xA DA¢ PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 January 20, 2009 Board of Trustees Town of Southold Main Road JAS 2 1 2009 Southold NY 11971 1 - RE: ZOITAS PREMISES: 6255 NORTH ROAD, GREENPORT SCTM: 1000-40-1-7 Dear President King & Board members: With reference to the above, enclosed please find the revised plans for this project together with my clients check in the amount of $50.00 representing the final inspection fee. Thank you Very'truly-yours, ,r P6fricia C. Moore PCM/bp encls. C-. Mr. Thomas Zoitas ✓ J�Q # 6255 NORTH RD. COOREMQ.VAL- OF CHOKER VINES TQ 9E HAND WON-MECHANICAL) _ e 3 ® o rj VO / S4,un �. �I• '°kms 0- 1 am familiar with the. STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMIL Y RESIDENCES a and will abide, by the conditions set forth /herein and on the \�bw5 permit to construct, 0 \ \ Vss u TY AO 0 CIF POLE �oQo t �' • . • g 9 'Ia m C! o cr Y- ROOF RUNOFF O R -o "HSE.-2365 sq.ft. 1Q 2�`%, G so> ,- �, G GAR.- 810 sq.11. ° �c moo_ JS��0004\ 3175 sq.ft. p �1 3175x0./7xI = 540cu.f1. �J �,r ` o 540/28.3 -. 19 VF PRQVIDE 2 L.P.S 6'0 x /O' DEEP y STK a9 gev hal e� d�a�� n - OM ,3 SURVEY OF PROPERTY 0, G. carre� U� A T A SHAMOMOQUE ��' i d' drBl �d C) :TOWN OF SOUTHOLD Q� ',510 s SUFFOLK , COUNTY 01 - o� 1000 4 SCALE 1" = 40' JAN. 17, 2003 I _ March 29,;2005 SEPTIC SYSTEM (G BEDROOMS) TESTHOLE MAY /8 2006( ddlNonsl' I -1000GAL. SEPTIC TA 4 I -LEACHING POOL 8'04DEEP � 1/17/08 vl ¢2 July 9 2007 W1TH 3'.SAND COLLAR EXCAVATE NOV. 29 2007 fTOpOI A /Oi HOLE TO SAND SW Jan. 23 2308 (prop. hsad BACKFILL WITH SAND SW BROWN FiiEi,14,bOOB W.M*Sf" AYE. MARCH PA, 2008 (found) 44.11r. SAAV SC UAAICW27 2608 (DIST,�yCFM9EL 43 \� \\ � �g8 JULY 18, 2008 ( STAIR$7 • JULY 29, 2008 (rev/sloes) nL.sh2�o.dc \ +i�• / O AUG. 19 2008 frevlsions) SO Q0 29' WA TIER NE �2g8Sg�' DECK d PA 01 - 2 mo,C \� cJ '23, 6k SEPT. 22 2008 fREVISIpNS1 /Obo o_rl• - "o42' JAN.-r5, .L009 frevls/ons).' s 3 L 3 � I ' N / II o sfop+t� 14 � Vi o' n w � °w" ' to BG,se sw CROSS SECTION co, ssAa I p b J k �$co�lo-r r pf P' \ r SEPTIC SYS Mu � � � as' f io'�6 0' AREA = 49,881 sq. ft, or. 1.1451 ac. to tie line � �f0 .sa,,eL�,Le/-6t -5 0/ '� ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF°SECTjcW 7209 OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209 - SUBDIMON 2. ALL CERTIFICATIONS R HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF `, , ,? ;'' N;Y.S. LIC. NO. 49618 SAID MAP OR COPIES BEAR THE JWRESSED SEAL OF THE SURVEYOR WHOSE SIGMA TURF APPEARS HEREOF lsDNI�'--°.SADDITIONALLY TO COMPLY W1TH SAID LAW TL:RM 'ALTERED BY ' ELEVATIONS d CONTOUR�S ( 3?S NIWIFAS?0611 765 17'97 ARE REFERENCED TOG MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY P, 0. D °"969 OF.ANOTHER SURVEYOR'S MAP. TERMS SUCH 'INSPECTED 'AND 1230 TRA VEL ER STREET 'BROUGHT - TO - DATE 'ARE NOT IN COMPLIANCE WITH THE LAW. SOUTHOLD, N.Y. 1197/ 1 // - .357 ((( v 0 PATRICIA C. MOORE, ATTORNEY AT LAW i 51020 Main Road, Southold, NY 11971 (631) 765-4330 F_ -� SUBJECT__.._�I'-�- TO - --f- - - - - --- ------- j(° f _ ------ ---S --------------- _ _ -- - -- - - - th guar QA t�t� d T040 . SIGNED - J�Q ' # 6255 NORTH RD. g 3o-�Un , `,(- �j r? gG • 4 5ho",j Ac, " ADA k:SlrL"c5 Ole P_ co I Fc,ce_ d0qev _b is 5 I =&W-?�:0 6� 4 \ I am famillar with /he STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FA MIL Y RESIDENCES and will abide_ b the conditions set forth therein and on e permit to construct. th V6�/' /// / /%/ PC �0kSP 0� Tpry POLE Fr l.5V ;R\ SEP 2 4 2008 PaE u0 'Ap, \ o Southhold Town \ �9 Board of Trustees O 0- ,QOM 4X 7 -ROOF RUNOFF /, HSE:-2365 sq.)l. ;=Q 2� '6 G• OG GAR:- -810-sift. - 0a• 31.75 sq,il. pV °��' / ,Y jo � • 3/.7;,5 x--b.l7 x I - ,540-�CO.ft.� •� �,r� �:- 540/28.3 - 19 VFc� = PROVIDE 2 L.P.S',.F` x IO"DEEP " �\ STK p$ CEG ZOO v1 l SURVEY OF PROPERTY ' �a� �, M_7 AT ARSHAMOMOQUEG ' UTILITY� TOWN OF SOUTHOLD s? �\t, �� Qq� i SUFFOLK COUNTY N. Y. �� ,5 A� STK � 1000 - 40 - 01 - 07 �\ SCALE 1" = 40' / JAN. 17 '2003 / March 29, 2005 SEPTIC SYSTEM (G BEDROOMS) �&k l -1000GAL. SEPTIC TANK i • .TEST,I•fOLE MAY 18, 2'0061 ddillonsl - 7/77108 4 l -LEACHING POOL 8'Ox/x'DEEP r el ¢2 July 9 2oO7 (revis/oaA) WITH J'-SAND COLLAR EXCAVATE � NOV, 29 2007 (TOPO) A tom HOLE TO SAND -SW AS Jon.-23 2306 (prop: hse.) BACKFILL WITH SAND SW BROWN Fibs 14,2008-M800 514W CLAYEY MARCH 2.'#, 2008 (found) ��•�/r. \ SAM SC l�l.ARCH"27. 140.8 (D/ST,�yCE,9EL 43 JULY/8, 2008 ( STA/R' 7 JULY 29 2008 (revisions) finishao� �adc \ �O 29' AUG. 19 2008p (revisions) --- -— a'm�• - \\ p�/� WATER NEBPROT. �YA20EY8sANrT 8C' DECK d PA 01 Vin i4 \\ d ©' 1°23 ST a Ro SEPT. 22, 2008 (REVISIONS) /0bbsaf• -� AO _ ; N p G / T AA,, R. axe{ G WA BROWN Fl TO ZROSS SECTION SEPTIC SYSTE14 �sco1 o.r I A"' dF V P0 AREA = 49,881 sq. ft. - or 1.1451 ac. to tie line + Fo sante of Ne !49� o'�i ANY AL TERA TION OR ADDITION TO THIS SURVEY IS A VIOLA TION �9 OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. _Ahs �, r + EXCEPT AS PER SEC77ON 7209 - SUBDIVISION Z. ALL CERTIFICATIONS v a ww 'IN ;;r: _>"'��d . ' HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONL Y IF LIC. N0. 496/8 SAID'MAP OR COPIES BEAR THE AWRESSED SEAL OF THE SURVEYOR WHOSE SIGNA TORE APPEARS HEREOX z 1 3 � C. ADDITIONALLY TO COMPLY W/TH SAID LAW TERM ',.4LTERED ELEVATIONS d CONTOUR LINES BY ' (6 ata •S'o- c�`�� (6311 765 - 1797 MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY ARS REFERENCED TO N.GV� P, OF-ANOTHER SURVEYOR'S MAP. TERMS SUCH 'INSPECTED -AND 1230 STREET 'BROUGHT - TO - DATE 'ARE NOT W COMPLIANCE WITH THE LAW. SOUTHO , 1197/ 02 - 357 *wn of Southold 0 Town of Southold A- 2707 Suffolk County, NY A 2706 Suffolk County, NY The People of the State of New York vs. The People of the State of New York vs. LAST NAME(D`FENDANT) FIRST NAME MIDDLE INITIAL LAST NAME(DEFEWAANTT)� t FIRST NAME MIDDLE INITIAL STREET ADDRESS APT.NO. STREET AD ;ESS APT NO �l3 SJf>5c- ��• ( - 5 55 etC 1- CITV "y,�r^'rte ., -w • ,`p-N �T�YS S�� ,TATE T ZIP CITY ,�/,'/� +i n '�3y 171 FirV 4'�Yi S�� ,`/ STATE ��O o ZIP LICENSE OR REGISTRATION NUMBER LICENSE OR REGISTRATION NUMBER —51 IEAI—Fz 'l ! 91'2-1-71 STATE TYPE OF LICENSE DATE EXPIRES SEX DATE OF BIRTH OPERATOR STATE TYPE LICENSE DATE EXPIRES SEX DATE OF BIRTH OPERATOR M NTH J� OYES ❑NO (r �/ yZ j MO TH ZV OWNS VEHICLE {� Yr DYES ❑NO THE OPERATOR OR REGISTERED OWNER OF VEHICLE DESCRIBED BELOW THE OPERATOR OR REGISTERED OWNER OF VEHICLE DESCRIBED BELOW PLATE NO. DATE EXPIRES PLATE NO. DATE EXPIRES STATE PLATE TYPE STATE PLATE TYPE ❑N.V. ❑N.J. ❑N.Y. ❑N.J. ❑ ❑PASS ❑COMM ❑ ❑N.V. ❑N.J. ❑N.Y. ❑N.J. ❑ ❑PASS ❑COMM ❑ VEHICLE MAKE ❑ DODGE VEHICLE MAKE ❑ DODGE ❑ BUICK ❑ CHEV ❑ CADILLAC ❑ PONTIAC ❑ BUICK ❑ CHEV ❑ CADILLAC ❑ PONTIAC ❑ FORD ❑ OLDS ❑ PLYM ❑ FORD ❑ OLDS ❑ PLYM ❑ TOYOTA ❑ VOLKS ❑ ❑ TOYOTA ❑ VOLKS ❑ BODY ❑ 2 DR ❑ 4 DR ❑ BUS ❑ MCY ❑ S.W. BODY ❑ 2 DR ❑ 4 DR ❑ BUS ❑ MCV ❑ S.W. TYPE ❑ TRUCK ❑ TRAILER ❑ VAN ❑ TYPE ❑ TRUCK ❑ TRAILER ❑ VAN ❑ VIN NUMBER VIN NUMBER THE PERSON DESCRIBED ABOVE IS CHARGED AS FOLLOWS THE PERSON DESCRIBED ABOVE IS CHARGED AS FOLLOWS P EMOFFENSE OCC RE E PCT CE OF OCCURRENCE p� (fit- Gree r ZS S /� K$ C-►rcr fa'-4-- DATE AM % PM CITY,TOWN.VILLAGE,pR HAiYLET SUFFOLK COUNTY NY DATE OF OFFENSE AM TIME PM CITY,TOWN,VILLAGE,OR HAMLET SUFFOLK COUNTY NY dI-0G� t 1 ❑ (fr(►rsa�iQ°{/ 01�Olo ( .a" -acs ❑ �,►jWcglp�J IN VIOLATION OF SECTIONSUBD. OF THE❑VEHICLE AND TRAFFIC LAW OF THE STATE OF NEW YORK IN VIOLATION OF SECTION SUED. OF THE❑VEHICLE AND TRAFFIC LAW OF THE STATE OF NEW YORK BOTHER(SPECIFY) , ❑O.S. ❑COM ❑BUS ❑HAZ •�bTHER(SPOM F1� ^ �^,' �,/ ❑O.S. ❑C ❑BUS ❑HAZ 1T DEF VEH MAT "'"'� tl� DEF VEH MAT ❑ SPEEDING I OTHER OFFENSE ❑ SPEEDING I OTHER OFFENSE MPH IN A MPH ZONE L MS OR❑ MPH IN A MPH ZONE v �� 'y�pISDEMEANOR O �w /17C�'N"` 1 FACTUAL PART(NOT FOR TVB) ^ FACTUAL PART(NOT FOR TVS) (� THE ASOVf NAMED DEFENDANT DID ON THE STATED DATE,TIME AND PLACE Y THE ABOVE NAMED DEFENDANT DID ON THE STATED DATE,TIME AND PLACE v � D%ld 10tc1cf!- Sgri &Ang e. c w �— re re,,,� i n iyl I QQ' mP t'S TM Foregoi 'e seed on(Paraoral k—I dge) )o, The FA�o'�jqLyv_oirq-s based on(panoral krawMdga) of ll1r1a dated Q "VSD^ '�'V� C-;f dated PARKING SCHEDULED FINE$ CONTACT COURT❑ PARKING SCHEDULED FINE$ CONTACT COURT❑ THE PERSON DESCRIBED ABOVE IS SUMMONED TO APPEAR AT THE PERSON DESCRIBED ABOVE IS SUMMONED TO APPEAR AT -SOUTHOLD TOWN JUSTICE COURT,53095 ROUTE 25,SOUTHOLD,NY 11971 SOUTHOLD TOWN JUSTICE COURT,53095 ROUTE 28,SOUTHOLD,NY 11971 DATE OF APPEARANCE(NO7—F0:A NB) OF DATEEOF AAPPPEARANCE(NOT FOR iV9) ON AT A40 ON ✓I. L / i 7-014 ��0 ��tt ^.�J AT AmIrM 1 FALSE STATEMENTS HEREIN ARE PUNISHABLE AS A CLASS A MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE P.L.N.Y.S. FALSE STATEMENTS HEREIN ARE PUNISHABLE AS A CLASS A MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE P.L.N.Y.S. COMPLAINANT DATE COMPLAINANT DATE 0[-U6-1 Lj 01-06-i BADGE# BADGE M L— e.. M M� COURT COPY COURT COPY JAN - "014 James F.King,President gUPFDZ/,r�a� P.O.Box 1179 Bob Ghosio,Jr.,Vice-President Southold,NY 11971 Dave Bergen Telephone(631 765-1892 John Bredemeyer ,+, Fax(631)765-6641 Michael J.Domino `F Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: THOMAS ZOITAS requests a Compliance Inspection on proposed re-vegetation of the buffer area. Located: 62555 County Road 48, Greenport. SCTM#40-1-7 Type of area to be impacted: _Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: _Chapt.275 Chapt. 111 other Type of Application: Wetland _Coastal Erosion _Amendment _Administrative_Emergency Pre-Submission Violation Info needed: Modifications: Conditions: Present Were: J. King B. Ghosio D. Bergen, J. Bredemeyer Michael Domino D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: Apo�►' r AK I Y Pool Irl , :r1UTypLf. i k L 5TE! a �i - C � �. 0 Cantrell, Elizabeth From: Hulse, Lori Sent: Friday, September 07, 2012 2:15 PM To: Bob Ghosio; David Bergen;John Bredemeyer; Michael Domino Cc: Jill Doherty; Cantrell, Elizabeth Attachments: Zoitas Decision_20120907121947.pdf Importance: High Please find attached the court's decision on Zoitas. Chapter 275-16(A)reads: It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the .... Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. Evidence that defendant was the named permittee for the applications before the trustees and met with trustees at the property on field inspections was adduced at trial. The code does not require witnessing the actual clearing. I have spoken with Don D. and the defendant's father will be recharged. Lori f ��.. i ,wJn v 1 Justice Court of the Town of Southold County of Suffolk, State of New York People of the State of New York -against- Decision and Order D#11090368 Andrew Zoitas, Defendant Charged with two violations of the Town Code, §111-8, Coastal Zone Permit and §275 -5 No Wetland Permit, Defendant, a co-permittee of the premises, was afforded a non-jury trial. Defendant and his Father, the title owner, were joint permittees on permit no. 6955 issued August 29, 2008 and thereafter amended on August 30, 2010. On September 20, 2010 the Town Trustees issued a Certificate of Compliance. At some time thereafter one or more of the Trustees had occasion to observe that the premises had been the subject of alterations, and that it no longer appeared as shown on Peoples Exhibit#3. At trial the people proved the violations however no proof was offered that the Defendant was involved in the alterations. The Proceeding would lie against the owner of the premises only, or one of the persons described in §275 — 16 of the Town Code. These two violations of the Southold Town Code against Andrew Zoitas are dismissed, after trial. SO ORDERED: September 6, 2012 jdo4lph� Bruer, } Southold Town Justice f ATTORNEYS OFFOGE Li } WNL SOUTHOW j G — 7 21"12 BOn,rc of Trus,ees ho�IOFSOUTyo(o tut4olb Vo n Vlist`cieCourt 53095 Main Road Route 25 Hon. Rudolph H. Bruer oPhone: (631)765-1852 P.O. Box 1179 Fax: (631)765-3898 Southold, New York 11971-0959 May 23, 2012 TOWN ATTORNEY People of the State of New York versus: _ Andrew Zoitas Case No: 11090368 14 Knollwood Rd. DOB: 11/28/1980 Roslyn, NY 11576 i icic tNo Officer Statute/Section Charge Text A2259 SBC DZENKOWSKI, TN 275.5 no wetland permit A2260 SBC DZENKOWSKI, TN 111.8 no coastal zone prmt Trial date: 06/25/2012 Time: 02:OOPM This Court has accepted your not guilty plea. You have been scheduled for trial as shown above. If you plan to be represented by an attorney he or she should accompany you and be ready for trial as scheduled. Written requests for adjournment should arrive at the Court 5-days prior to trial with notice to the other parties . Michele Drake Justice Court Clerk by: W E D TOMfN ATTORNEY'S OFFICE 1roWN OF SOUTHOLD Town of Southold 54375 Main Rd. P.O.Box 1179 Board • Southold,NY 11971 Office(631)765-1892 Fax(631)765-6641 Fax To: Don Dzenkowski From: Lauren Fax: 765-2715 Pages: 6(including cover) Phone: Date: 8/17/2011 Re: Thomas Zoitas CC: ❑ Urgent ❑ For Review ❑Please Comment ❑Please Reply ❑Please Recycle e Comments: The Board issued a permit in 1998 (amended 5/19/10 & 8/30/2010) and a certificate of compliance on 9/20/10. Since the CofC was issued, the non-disturbance has been cleared, the fence was relocated and sod planted. Please call our office to speak with President Jill Doherty to discuss further. ij. r: w L h4• y � � b • R� �iAf xiTl. ' ' r If". & Zoitas ♦ �t._ ;62555 CR 48 SCTM#40-1-7 8/17/2011 ' . !r •i -y T f 1 PATRICIA C. MOORE Attorney at Law i 51020 Main Road '.'. SEP 1 7 Southold,New York 11971 Tel: (631)765-4330 Southhold Town { Fax: (631)765-4643 -Board of Trustees September 17, 2010 Board of Trustees Town of Southold Main Road Southold NY 11971 By Hand RE: ZOITAS PREMISES: 6255 NORTH ROAD, GREENPORT SCTM: 1000-40-1-7 Dear President Doherty & Board members: With reference to the above, enclosed please find certified copy of the recorded amended C & R's. I trust this now completes your file and that you will be in a position to issue a Certificate of Compliance. Thank you. VW truly yours, (atricia oore PCM/bp encls. C: Mr. Thomas Zoitas Cantrell, Elizabeth From: MICHAEL REILLY <michaeljreilly@optonline.net> Sent: Wednesday, May 28, 2014 2:54 PM To: Cantrell, Elizabeth Cc: jnscourakis@gmail.com Subject: RE: Check for Zoitas Application Fee As I spoke with the new President of the Trustees it was told that what I was told to do (amendment) was not acceptable. It was also stated that I was told to take this route, but now I am informed that you were incorrect and the Board that instructed to take the previous action was incorrect. I have also been informed by Mr. Scourakis that I am to not take any further action as he is negotiating same with the Town of Southold. Please destroy my check and I will mark my files accordingly. Thank you and have a great day. Michael ). Reilly, Esq. On Wed, May 28, 2014 at 11:32 AM, Cantrell, Elizabeth wrote: Good Morning Mr. Reilly, The Office of the Board of Trustees is in possession of your check#5372 in the amount of Two Hundred-Fifty Dollars that was submitted on April 8, 2014 with an Amendment Request to Wetland Permit#6955 for Thomas Zoitas, 62555 North Road, Greenport, New York. As this application was deemed incomplete by the Board of Trustees, we would like to know if you would like this check mailed back to your office. Please i advise. Sincerely, Clerk Typist Town of southo(d 1 Cantrell, Elizabeth From: Bredemeyer,John Sent: Monday, May 12, 2014 2:25 PM To: michaeljreilly@optonline.net Cc: Michael Domino; King,Jim; Bergen, Dave; Sanders, Charles J.; Hulse, Lori;Cantrell, Elizabeth Subject: Re:Zoitas Good afternoon Mr. Reilly, This email will confirm our conversation of last Monday 5/5/14 wherein I clarified the type of town wetland permit application appropriate to your client and the deficiencies of the plan recently submitted on his behalf. It is my understanding that your client, Mr. Zoitas, subsequently met with Assistant Town Attorney, Lori Hulse on Wednesday 5/7/14 in her office: The permit application submission must be a "Full" Wetland Permit application with associated as-built fee of$500 and contain at a minimum the terms and conditions enumerated by then Southold Town Trustee President, Jim King and Lori Hulse in discussions leading to agreements with Mr. Zoitas and his advisor on 7/30/13, allowing minor changes to the prior approved plan dated 6/9/10 by providing for a 4' wide walk-way instead of 3', a fence at 40'from the bluff instead of 55' and plantings of a substantially similar make up to the 6/9/10 plan. The recent submission of your client is deficient in that the plans propose a fence within 20' of the bluff, not located at least 40 feet from the bluff and the plantings proposed are inadequate in number and species. The Baccharis proposed will not likely survive in this location due to a number of factors, whereas the plantings proposed on the 6/9/10 plan are appropriate for this site. Your fleeting suggestion of the possibility of yet another meeting with Mr. Zoitas, yourself, myself, Ms. Hulse/ others is rejected out of hand. Your client was afforded the opportunity to meet again with Ms. Hulse this Wednesday as noted above. Speaking on behalf of the Board, we are not in a position to negotiate with you/your client or mediate any interest(s) of your client while the property remains in substantial violation of our code and the return wetland permit application submission does not comport with the conditions set forth in the agreement of Lori Hulse and Jim King and Mr. Zoitas on 7/30/13 that was to effectuate settlement. i M Absent a compliant wetland permit application submission consistent with the said prior agreed to terms, I would request any questions you have be directed to Assistant Town Attorney, Ms. Lori Hulse. Thank you for your assistance in this matter. Sincerely, John Bredemeyer cc Jim king z James F.King,President SO!/jy Town Hall Annex Bob Ghosio,Jr.,Vice-President ,`O� Ol0 54375 Main Road P.O.Box 1179 Dave Bergen Southold,New York 11971-0959 John Bredemeyer G Q Michael J.Domino Telephone(631)765-1892 O Fax(631)765-6641 D BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD APR - 8 2014 ��Jlici;ti..�icS�ii Tr APPLICATION FOR AN AMENDMENT TO A WETLAND PERMIT January 22, 2014 DATE OWNER Thomas Zoitas PHONE ( ,l ti) 851 -6902 ADDRESS 93 Sussex Drive, Manhasset, NY 11030 AGENT Michael .i Reill ,, Esq.PHONE _575 annn ADDRESS123-40 83rd Avenue, Suite 1K, Kew Gardens, NY 11415 PROPERTY LOCATION 62555 Nnrth Road, Greenport, NY TAX MAP NO. 4 0-1 -7 I/We Thomas Z o i t a s/ request an Amendment to Permit#6 9 5 5 Michael J. Reilly, Esq. to (Description Attached as an Addendum) �o�n ` eek 5/�V1 Signed By: Description of Proposed Changes to Thomas Zoitas' Property located at 62555 North Road, Greenport, New York Proposal of a buffer(25' landward of the Coastal Erosion Hazard Line(CEHA), and 30' seaward of the original buffer line). Relocating of the fence to the landward edge of the buffer and running parallel to the CERA. In addition,locating the existing trees in the lawn area and revegitation according to Town Code as are shown on the plan submitted. *ard of Trustees Applicatioe County of Suffolk State of New York Thomas Zoitas BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature of Property Owner SWORN TO BEFORE ME THIS DAY OF 20 Notary Public CONSTANTINE RADOS N000ry Public,Shls of Nim Vak No 37 OUGM d�mRaA6�O w County Commission Expires Jon 3,201 Board of Trustees Application AUTRORI ZATION (where. the applicant is. not the owner) I. Thomas. Zoi.tas residing at 93 Sussex Drive (print owner of ;property} (hailing address} Manhasset, NY 11030. do hereby authorize (Agent) Michael J. Reilly, Esq. to apply pp y for permit(s) from the Southold Board of Town Trustees on my behalf.. (owner' s signature) APPLICANT/AGENT/REPRESENTATWE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the Hart of town officers and employees The Ramse of this form is to provide inforination which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME. Thomas Zoitas and/or Michael J. Reilly, Esq. (Last name,first name,.1iddle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance X Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other',name the activity.) 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,ntarriage,or business 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 X 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/reprewntative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space prodided. The town officer or employee or his or her spouse,sibling,parent,or child 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 owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partnei,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP N/A Submitted this 22nd ay of January 20 14 Signature_ Print Name Them � i t a g Form TS 1 c ael J. (lp-illy, Esq. APPLICANT/AGENUREPRESENTATWE TRANSACTIONAL DISCLOSURF,FORM The Town of Soutliold's Code ofFilhics mb-ibits ids of intim on 1100 of1o=W&=Ndthis form is to nrovtde inf inati ,bk oonflids of Interest and t w It tv tazl a W ever AGAIM is; nec com to avoid same. YOURNAME: Michael J. Reilly, Esq. as attorney for Thomas Zoitas (Last name,first name,jpkk le initial,unless yam''of someone else or other entity,such as a company.If so,indicate.the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change g Coastal Erosion. Approval of plat Mooring Exemption from plat or official map Planning Other (if"Other",name the activity.) 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 business iliterest."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 X 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/agont/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space proAded. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicpnt (when the applicant is a corporation); B)the kgal or beneficial owner of any interest In a non-corporate entity(wh6a the- applicant is not a corporation); C)an officer,director,parMe4 or employee of the applicant;or D)the actual applicant. DESCRIPTION Or RELA'T'IONSHIP Submitted this J�_day of ` � —2013 Signature Print NameL Form TS l was attorney for Thomas Zoitas Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold 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 Mosed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold TownN 1 If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listinn both supporting and non- Wpm rhng facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold'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 SCTM# 40 _ 1 7 PROJECT NAME proposed changes to Thomas Zoitas property The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action: Proposal of a buffer(25' landward of the Coastal Erosion Hazard Line(CERA), and 30' seaward of the original buffer line).Relocating of the fence to the landward edge of the buffer and running parallel to the CERA. In addition, locating the existing trees in the lawn area and revegitation according to Town Code as are shown on the plan submitted. • Location of action: 62555 North Road, Greenport, New York Site acreage: 1 . 1 4 Present land use: Residential Present zoning classification: R-80 2 acre zoning 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: Thomas Zoitas (b) Mailing address: . 93 Sussex Drive Manhasset, NY 11030 (c) Telephone number: Area Code( ) 516 851 -6202 (d) Application number,if any: N/A _ Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No I�,1 If yes,which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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 coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. [--]Yes �] No ® Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes 11 No DK Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑ Yes No EX Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages S through 16 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Proposal of a buffer(25' landward of the Coastal Erosion Hazard Line(CEHA), and 30' seaward of the original buffer line).Relocating of the fence to the landward edge of the buffer and running parallel to the CERA. In addition,locating the existing trees in the lawn area and revegitation according to Town Code as are -- shown on the plan submitted. The proposed re-plantings shall significantly reduce erosion on the bluff as the proposed re-vegetation plans indicate. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold.See LWRP Section IH —Policies Pages 16 through 21 for evaluation criteria ❑ Yes No X Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages.22 through 32 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. Yes [ - No V Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—PoIicies; Pages 34 through 38 for evaluation criteria. 11 Yes 71 No t�J 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 Southold. See LWRP Section III-Policies; Pages 38 through 46 for evaluation criteria. F] YV No PPON1 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. ❑ Yes �,� No� Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters.See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes �.—� No W21 Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes L No X 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. ❑ Yes •R _ No Not Applicable PREPARED BY Michael J. Reilly, Esq. TITLE Attorney for DATE 3/30/14 Thomas Zoitas ZOITAS REIDENCE PLANT PALETTE Myrica pensylvanica Northern Bayberry 5-6' HT. Baccharis halirnifolia Groundsel Bush 5-6' HT 'P Schizachyrium scoporium Panicum vigatum Little Bluestem grass Switch Grass 18-24" HT 30-42" HT "W APR - 8 2014 DD Board f Trustees Solidago sempervirens Seaside Goldenrod 24-30" HT. OJ \: z y i er 4 s kc lo'lo'v a0 gym. REVEGETATION PLAN ZOITAS RESIDENCE APR 9 ? 114 WWyROOd/B.G.w pwL Nw Ywk P1[oW 1 mvM PAd _. s��n.i�pM�um �` <� bMccape arcfYlechre.Pc p r �'!�l'!,� .--l�� wwror LTp s"+n•w.•Y�e •L I 0 K 1Y 'MV V��,wiY.xbff0[ 9WL i'.70' ttY�an�a pJ `\ S 4 O G0.. �v H 0.p a0 0.� m uut REVEGETATION PLAN ZOITAS RESIDENCE Coialy Road M.G.wpdf.Nwv To.k a�sv.aa..eor:s.we.....,.e .., .•.-.."......-,.'�•', Newnv2]0E1. j7 111�Oe.n°hbin.pupa�al i�sl�� rf Wedel WfalYn��Wimibn.x°f� bWtcaW eHleMre,Pa wh pmho •.„ ^� APR 2T4 JE• � o�w�fe JJUIIiU+:i iUrifl Y �I r f Tru �aF • Page 1 of 2 J APF X14 B ar fTr:,,. https://webtop.webmail.optimum.net/http/Viewattachment?clientld=1384510786658&am... 11/15/2013 Page 2 of 2 APR — 8 72014 ]0 ar f Trustees https://webtop.webmail.optimum.net/http/viewattachment?clientId=1384510786658&am... 11/15/2013 Page 1 of 2 APR Bar fTr t' JJ r Nr„ ` https:Hwebtop.webmail.optimum.net/http/viewattachment?clientld=l 3 8451078665 8&am... 11/15/2013 Page 2 of 2 i 7 APR - 8 " R SiliiltlGi� i ZFn i i https://webtop.webmail.optimum.net/http/viewattachment?clientld=1384510786658&am... 11/15/2013 Law Offices of Michael I Reilly, Esq. 123-40 83rd Avenue Suite 1K Kew Gardens,New York 11415 Telephone: (718)575-9000 Facsimile: (718)575-2880-Not for Service MichaeljReilly@optonline.net www.ReillyLawOnLine.com April 7, 2014 Board of Town Trustees Town of Southold - Town Hall Annex D E R� (1 t'^t ( 1 54375 Main Road , 1 � Po Box 1179 ; �J Southold,NY 11971-0959 APR - 8 2x14 Re: Thomas Zoitas ` 62555 North Road, Greenport,New York Dear Sir/Madam: I represent the applicant Mr. Zoitas in his application for a wetland permit. Enclosed please find the necessary documents and payment for the processing of same. Thanking you advance for its time and cooperation with the enclosed. Yours truly, _..� Mid` i Reilly, Esq. � 1e� Enclosures �{� c.c.. Thomas Zoitas P 1 Nunemaker, Amanda From: Hulse, Lori Sent: Friday, February 14, 2014 12:52 PM To: 'MICHAEL REILLY' Cc: Bredemeyer,John;jbme4u@gmail.com; Michael Domino; sisyphus3@mac.com; Cantrell, Elizabeth; Nunemaker, Amanda Subject: RE:Zoitas Attachments: Zoitas_20140214112654.pdf Michael, Please find attached,the original permit number 6955 and subsequent amendment dated August 30, 2010 granted by the Board of Trustees upon the applications of your client. Subsequent to the original permit number 6955,for which a Certificate of Compliance was issued,violations were brought in Justice Court for clearing the property and activity within the non-disturbance area (including placement of the fence). Your client pled guilty to those violations and is required to restore the property to the conditions of the underlying amended permit. On July 30, 2013, Board president,Jim King,and I met with your client and his advisor to discuss possible minor changes to the approved amended permit. At that time, both parties agreed that your client would restore the property as required under the amended permit,with the following potential allowances: The pervious path could be extended from 3 feet to 4 feet. The pool fence could be moved seaward --from 55 feet from the Coastal Erosion line to 40 feet. Since that time,there has been neither an application made on behalf of your client nor restoration of the clearing your client performed of trees and vegetation within the Trustee's jurisdiction. New summonses are pending in Justice Court for the continuing violations that exist on the property. Please be advised that the Board will avail itself of any and all remedies afforded under the law. Regards, Lori M. Hulse Assistant Town Attorney Town of Southold (631)765-1939 -----Original Message----- From: MICHAEL REILLY[mailto:michaellreilly@optonline.net] Sent:Thursday, February 13, 2014 5:36 AM To: Hulse, Lori Cc: inscourakis@gmail.com Subject: Zoitas Dear Mrs. Hulse: The last proposal that was given by you from the Trustees needs to be addressed as it impedes upon my client's rights and his use of his property. i Please contact me to discuss another proposal so as it will meet with my client's satisfaction and the Trustees approval Thank you and have a great day. Michael J. Reilly, Esq. 2 Law Offices Of Michael J. Reilly, Esq. . 12.W. 88rd Avenue Suite I K Kew Gardens,,New York 11415 Telephone: (718)575-9000 Facsimile: (718)575-2880-Not For Service MichaeUReilly0optonline.nct www.Re.iRyUwOnLine.com October 7, 2013 Via Facsimile: 631765-6641 Lori Hulse,Esq, D E C E I E Town Hall Annex " 54375 Main Road PO Box 1179 OCT - 7 2013 Southold,NY 11971-0959 Re: Thomas Zoitas ,r;;;;,;•; 62555 Nortli,load, Greenpor4 New York S�Cx+�+• Dear Ms. Hulse: After receiving your phone message on Friday, October 4, 2013, I contactedmy cl.i.ent, via e-mail, and as a result thereof I have received a phone call back from an individual who informs .m...e that my client had a death,in his family and is currently in.Greece. My client isnot expected back into the country until at the earliest next week. I will have further information about his return early next week. I would request,that you put off any additional legal proceedings until after my client returns from Greece or until the week of October 28, 2013. If you have any questions or comments,please contact the undersigned at your convenience. Yours -- Mei�ily,Esq. c.c.: Thomas.Zoitas t Law Offices of Michael J. Reilly, Esq. � 123-40 83rd Avenue Suite 1 K Kew Gardens,New York 11415 Telephone: (718)575-9000 Facsimile: (718)575-2880-Not for Service MichaeUReilly@optonhne.net www.Reillyl,awOnI.ine.com June 4, 2013 James F. King, President � � � �--� Board of Trustees V C Town of Southold Town Hall Annex �� - 6 2013 54375 Main Road Southold,NY 11971-0959 own Re: Thomas Zoitas 62555 North Road, Greenport,New York Dear Mr. King: I have been retained by Mr. Zoitas in an effort to resolve the issues that are connected with the above captioned property. Enclosed is a copy of my Notice of Appearance that I have previously provided to the District Court in connection with the Summons with a "No Wetland Permit"and no "Costal Erosion Permit". I would like to have the opportunity to sit and express our position with regards to same not in the context of the previously mentioned Summons but in the context of a variance and/or seeking the proper permits to address these issues. There are numerous conditions as well as facts that I believe should be brought to this Honorable Board's attention that I believe are pertinent and germane to the issue at hand. I would request, at your earliest convenience to please contact the undersigned so as to discuss these most import ant issues and my request. Thanking you and this Honorable Board in advance for its time and consideration with my request. Yours trulry e J. Reilly, Esq. c.c.: Thomas Zoitas SOUTHOLD TOWN JUSTICE COURT COUNTY OF SUFFOLK The People of the State of New York, Summons No.: A-2479 A-2480 -against- Notice of Appearance Thomas Zoitas, Defendant. Sirs: Please take notice,that the Defendant,Thomas Zoitas, hereby appears in the above entitled action,and that the undersigned has been retained as attorney for Defendant, and demands that a copy of the all further papers in the above entitled action be served upon said attorney at his office located at 12340 83rd Avenue,Suite 1K,Kew Gardens,New York 11415. Dated: Miller Place,New York May 29,2013 e . Reilly, Esq. Attorney for Defendant 123-40 83rd Avenue Suite 1 K Kew Gardens,New York 11415 (718) 575-9000 To: Lori M. Hulse, Esq., Town Attorney Michele Drake, Justice Court Clerk Southold Town Justice Court ry 53095 Main Road Route 25 6 C y E Southold,NY 11971-0959 JUN - 62013 of own Jill M.Doherty,President '\\t f souryo Town Hall Annex James F. King,Vice-President 54375 Main Road P.O. Box 1179 Dave Bergen 4 Southold,New York 11971-0959 Bob Ghosio,Jr. G Q John Bredemeyer ° �� Telephone(631) 765-1892 Fax(631) 765-6641 0� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE #0581C Date: September 20, 2010 THIS CERTIFIES that the installation of an in ground swimming 12001• pervious pool patio; beach access stairs with a 3' wide pervious path to stairs• pool fence located 55' landward of the Coastal Erosion Hazard line-, relocate boulder against beach stairs and re-vegetate; plant evergreens alone east and west property lines to top of bluff,• re-vegetate and mulch non-turf area with the height of the non turf vegetation to be cut down to no less than 3' in height; the area seaward of the Coastal Erosion Hazard line is to remain as a non-disturbance area At 62555 North Road GreenportNew York Suffolk County Tax Map#40-1-7 Conforms to the applications for a Trustees Permit heretofore filed in this office Dated 5/16/08 pursuant to which Trustees Wetland Permit# 6955 Dated 8/20/08 was issued and Amended on 5/19/10 and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the installation of an in ground swimming pool.pervious pool patio; beach access stairs with a 3' wide pervious path to stairs; pool fence located 55' landward of the Coastal Erosion Hazard line; relocate boulder against beach stairs and re-vegetate*, plant evergreens alone east and west pronert•a lines to to12 of bluff• re vegetate and mulch non-turf area with the height of the non-turf vegetation to be cut down to no less than 3' in height the area seaward of the Coastal Erosion Hazard line is to remain as a non-disturbance area The certificate is issued to THOMAS & ANDREW ZOITAS owner of the aforesaid property. PA - Lb4!1 uthorized Signatu 0 0 Jill M.Doherty,President r3F SU[/ry0 Town Hall Annex James F. King,Vice-President ,`O 54375 Main Road P.O. Box 1179 Dave Bergen Southold, New York 11971-0959 Bob Ghosio,Jr. G Q John Bredemeyer el_ Telephone�� Telephone(631) 765-1892 Fax(631) 765-6641 Ulm, BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 30, 2010 (revised) Patricia C. Moore, Esq. 51020 Main Rd. Southold, NY 11971 RE: THOMAS & ANDREW ZOITAS 62555 NORTH RD., GREENPORT SCTM#40-1-7 Dear Ms. Moore: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., May 19, 2010: RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Permit#6955 to relocate the pool fence to 55' landward of the Coastal Erosion Hazard line; relocate a boulder that is leaning against the beach stairs and re-vegetate; continue the line of evergreens along the east and west property line to top of the bluff; reduce walkway from 4' wide to T wide with pervious material pathway; cut down five (5) diseased trees and one (1) privet bush; relocate plants and supplement in the non- turf area between the fence and the CEHA with plantings and mulch; with the condition the area seaward of the CEHA is left as a non-disturbance area and the height of the vegetation in the non-turf area is cut down to no less than 3' in height, and as depicted on the plan prepared by Briarcliff Landscape last dated June 9, 2010 and survey prepared by John T. Metzger last dated June 14, 2010. This is not a determination from any other agency. Sincerely, Jill M ohe y, side Boa of Trustees JMD:Ims � � R _ , I . ;na-� :: �•.4 I _ c t _ °T .i - 4'C- t��.y p k �� "�' � � � -I ' r � �' '� ' � t� a'4 -�---- , �^ _ , 4 V"v. ,,, '�., r _ � ..�� ;--w � � \ � - � ...Y4, 'y' "_L.'_i Jill M.Doherty,President r4F SO(/jyo Town Hall Annex James F.King,Vice-President �0 54375 Main Road P.O. Box 1179 Dave Bergen Southold, New York 11971-0959 Bob Ghosio,Jr. G John Bredemeyer '.� Telephone(631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: L10 Ch. 275 T Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1 a`day of construction '/z constructed Project complete, compliance inspection. INSPECTED BY: �CaC� CL COMMENTS: All cd©rw fk'cj CERTIFICATE OF COMPLIANCE: • Jill M.Doherty,President UT $UUIy� Town Hall Annex James F. King,Vice-President � 54375 Main Road Dave Bergen P.O.Box 1179 Southold,New York 11971-0959 Bob Ghosio,Jr. A Q John Bredemeyer �O Telephone(631) 765-1592 �yCOU f((V, ` Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 19, 2010 Patricia C. Moore, Esq. 51020 Main Rd. Southold, NY 11971 RE: THOMAS $ ANDREW ZOITAS 62555 NORTH RD., GREENPORT SCTM#40-1-7 Dear Ms. Moore: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., May 19, 2010: RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Permit#6955 to relocate the pool fence to 55' landward of the Coastal Erosion Hazard line to delineate the non-disturbance area; relocate a boulder that is leaning against the beach stairs and re-vegetate; continue the line of evergreens along the east and west property line to top of the bluff; reduce walkway from 4' wide to T wide with pervious material pathway; cut down five (5) diseased trees and one (1) privet bush; relocate plants and supplement in the non-turf area between the fence and the CEHA with plantings and mulch; with the condition the area seaward of the CEHA is left as a non- disturbance area and the height of the vegetation in the non-turf area is cut down to no less than 3' in height, and as depicted on the plan prepared by Briarcliff Landscape last dated June 9, 2010 and survey prepared by John T. Metzger last dated June 14, 2010. This is not a determination from any other agency. S' cerely, I M. Doherty, Presid nt oard of Trustees JMD:Ims PATRICIA C. MOORE ��— ��( Attorney at Law � 51020 Main Road � � SEP 1 Southold,New York 11971 I Tel: (631)765-4330 southhold Town Fax: (631)765-4643 Road o1 Trustees _. 1 September 17, 2010 Board of Trustees Town of Southold Main Road Southold NY 11971 By Hand RE: ZOITAS PREMISES: 6255 NORTH ROAD, GREENPORT SCTM: 1000-40-1-7 Dear President Doherty & Board members: With reference to the above, enclosed please find certified copy of the recorded amended C & R's. I trust this now completes your file and that you will be in a position to issue a Certificate of Compliance. Thank you. Vr truly yours, atricia v�loore PCM/bp encls. C: Mr. Thomas Zoitas CC# : C10-33796 COUNTY CLERK'S OFFICE SEP 1 7 STATE OF NEW YORK COUNTY OF SUFFOLK Southhold Town Board of Trustees I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 09/16/2010 under Liber D00012637 and Page 548 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 09/16/2010 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 09/16/2010 Number of Pages : 4 At: 10:49 :53 AM Receipt Number : 10-0108345 LIBER: D00012637 PAGE : 548 District: Section: Block: Lot: 1000 040 .00 01 .00 007 .000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20 . 00 NO Handling $20 .00 NO COE $5 . 00 NO NYS SRCHG $15.00 NO TP-584 $0 . 00 NO Notation $0 .00 NO Cert.Copies $5 .20 NO RPT $30 .00 NO Fees Paid $95 .20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County ❑1 [2] Number of pages _ p +Y This document will be public iFF F record. Please remove all Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation �� Spec./Assit. or EA-52 17 (County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX a Dual Town Dual County R.P.T.S.A. _ -"°L�, Held for Appointment Comm,of Ed. 5. 00 Transfer Tax Affidavit !r_ �+ Mansion Tax Certified CopyThe property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other �j d�� Grand Total ( S J If NO, see appropriate tax clause on page# of this instrument. 4 Dist. 10 1000 04000 0100 007000 5 Community Preservation Fund Real Property R T S Consideration Amount $ Tax Service R VIT A Agency 16SEP-10 CPF Tax Due $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD& RETURN TO: Vacant Land TO PATRICIA C. MOORE ESQ. 51020 MAIN ROAD TD SOUTHOLD NY 11971 TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached DECLARATION OF COVENANTS AND RESTRICTIONS made by: (SPECIFY TYPE OF INSTRUMENT) THOMAS ZOITAS The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO IntheTOWNof SOUTHOLD TOWN OF SOUTHOLD In the VILLAGE orHAMLETof GREENPORT BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 10,n and on or before May 311,. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst,N.Y. 11757 Riverhead,N.Y. 11901 (631)957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville, N.Y. 11738 Shelter Island, N.Y. 11964 (631)451-9009 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,N.Y. 11937 Smithtown,N.Y. 11787 (631) 324-2770 (631)360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington,N.Y. 11743 Southampton,N.Y. 11968 (631)351-3217 (631)283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold,N.Y. 11971 (631)224-5580 (631) 765-1803 Sincerely, �L a. 4 Judith A.Pascale Suffolk County Clerk dw 2/99 I]-DIN..06/Nkd AMENDED DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 25" day of August, 2010, by THOMAS ZOITAS, now residing at 93 Sussex Drive, Manhasset, New York 11030 owner, hereinafter referred to as the"Declarant". WITNESSETH: WHEREAS, the Declarant has title to certain land situate, lying and being at 6255 North Road, Greenport, Town of Southold, Suffolk County, New York, SCTM 1000-40-1-7 said land being more particularly described in Schedule A which is attached hereto; and WHEREAS, the Property is situated in or adjacent to lands activities upon which are regulated by the Town of Southold Board of Trustees pursuant to Chapter 275 of the Town Code of the Town of Southold, as may be amended, and various activities conducted upon the property are subject to the jurisdiction, regulation and approval or disapproval of the Trustees prior to being conducted; WHEREAS, the Declarant has applied to amend their existing permit #6955 to the Town of Southold Board of Trustees and received approval of said amendment to relocate the pool fence to 55' landward of the Coastal Erosion Hazard Line; relocate a boulder that is leaning against the beach stairs and re-vegetate; continue the line of evergreens along the east and west property line to top of bluff; reduce walkway from 4'to T wide with pervious material pathway; cut down five (5) diseased trees and one (1) privet bush; relocate plants and supplement in the non-turf area between the fence and the CEHA with plantings and mulch as depicted on the plan prepared by Briarcliff Landscape last dated June 9, 2010 and survey by John T. Metzger last dated June 14, 2010. WHEREAS,the Town of Southold Board of Trustees, as conditions for the issuance of such Amendment to Wetland Permit and require certain amendments to said Declaration of Covenants and Restrictions recorded in Liber 12604 page 934 on November 2, 2009 in the Office of the Clerk of the County of Suffolk so as to reflect the approved amendment to existing permit as recited above; NOW, THEREFORE, this Declarant witnesseth: That Declarant,for the purpose of carrying out the intentions expressed above does hereby make known, admit, publish, covenant and agree that the said property herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding on all purchasers and holders of said premises, their heirs, successors, and assigns, to wit: 1. The approval of an Amendment to Permit #6955 as outlined above with the condition the area seaward of the CEHA is left as a non-disturbance area and the height of the vegetation in the non-turf area is cut down to no less than 3' in height and as depicted on the plan prepared by Briarcliff Landscape last dated June 9, 2010 and survey by John T. Metzger last dated June 14, 2010. 2. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of the Town of Southold Board of Trustees after a duly noticed public meeting. Adjoining property owners shall be entitled to notice of such public meeting by publication or as otherwise deemed sufficient by the Board of Trustees but their consent to such modification shall not be required. 3. It is the responsibility of any party having any right,title or interest in the Property to consult Chapter 275 of the Town Code of the Town of Southold, as may be amended, and to obtain from the Town of Southold Board of Trustees review and such approvals as may be required by Chapter 275 for activities regulated therein on the Property. 4. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants. THE FOREGOING covenants and restrictions shall bind the Declarant,its heirs,successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises of any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. THOMAS ZOITA STATE OF NEW YORK ) ) ss.: COUNTY OF W4 ( � r ) On this 7-5 day of August, 2010, before me personally appeared THOMAS ZOITAS, known to me or proved to me on the basis of satisfactory evidence to be the individuals whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their capacity and that by their signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public CONSTANTINE RABOS Notary Public of New York No. 01RA5022137 Qualified in Queens County Commission Expires Jan. 3, 2014 Peconic Abstract, Inc. Schedule A Description ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northwesterly side of North Road (C.R. 48) distant 1380 feet, more or less, northeasterly from the corner formed by the intersection of the northwesterly side of North Road with the northeasterly side of Chapel Lane; RUNNING THENCE North 36 degrees 39 minutes 10 seconds West, along land now or formerly of R.W. Surprenant, 487.43 feet to Long Island Sound; THENCE along a tie line, North 42 degrees 46 minutes 20 seconds East, 112.18 feet to land now or formerly of R.E. and D.A. Young; THENCE along said last mentioned land, South 34 degrees 11 minutes 20 seconds East, 520.91 feet to the northwesterly side of North Road; THENCE along the northwesterly side of North Road, South 61 degrees 23 minutes 20 seconds West, 88.75 feet to the point or place of BEGINNING. • 0 OguPrQ(�C Jill M.Doherty,President P.G.Box 1179�Q�' OG James F.King,Vice-president 'Y Southold,NY 11971 Dave Bergen ti Telephone(631)765-1892 Bob Ghosio,Jr. Fax(631)765-6641 John Bredemeyer 'g Southold Town Board of Trustees Field InspectionfWorksession Report Date/Time: Inspect the property of THOMAS & ANDREW ZOITAS to determine the trees to be removed as per the public hearing May 19, 2010. Located: 62555 North Rd., Greenport. SCTM#40-1-7 Type of area to be impacted: _Saltwater Wetland _Freshwater Wetland _Sound _Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: _Chapt.275 Chapt. 111 _other Type of Application: —Wetland _Coastal Erosion _Amendment —Administrative—Emergency_Pre-Submission Violation Info needed: Modifications: Conditions: Present Were: J.King _J.Doherty_J. Bredemeyer D. Bergen_ B.Ghosio, D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: Jill M.Doherty,President ��$1)ffU(k'C�G P.O.Box 1179 James F.King,Vice-President h� y Southold,NY 11971 Dave Bergen y Telephone(631)765-1892 Bob Ghosio,Jr. Fax(63 1)765-6641 John Bredemeyer LV Southold Town Board of Trustees Field InspectiontWorksession Report Date/Time: Patricia C. Moore, Esq. on behalf of THOMAS &ANDREW ZOITAS requests an Amendment to Permit#6955 to relocate the pool fence to the landward side of the coastal erosion hazard line to delineate the non-disturbance area; relocate a boulder that is presently leaning against the beach stairs and re-vegetate; continue the line of evergreens along the east and west property line to top of the bluff; reduce walkway from 4'wide to 3' with pervious material pathway(presently improved with brick pavers); cut down damaged and diseased trees; relocate existing plants, and supplement the non-disturbance area from the bluff to CEHA with Rosa Rugosa and plant a 15' vegetative buffer seaward. Located: 62555 North Rd., Greenport. SCTM#40-1-7 Type of area to be impacted: _Saltwater Wetland _Freshwater Wetland _Sound _Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: _Chapt.275 _Chapt. 111 _other Type of Application: —Wetland _Coastal Erosion _Amendment _Administrative_Emergency_Pre-Submission Violation Info needed: Modifications: Conditions: Present Were: _J.King _J.Doherty J. Bredemeyer_D. Bergen_ B.Ghosio, D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: l: �ii � 1`y�s �tlbY• }1* �� :y[a�a YFtf�� d ++ +k '( li IN � ! � .e' • . y�y �r,R!' 1 �px �I =l. �*flF 4 �bt� . w:��.�l;l•.1''�. fl � ell<<','� 1�`•�f 1 is 3 i\� �`• �'' �� •�s7 ,.�l��p. � ��, / ...A XPi i Mo f • 4 � n .tet � /��... 3.:y: TIM OF lv� zr j p-yy. t •a i D [[ -� � '� � e^ 1�;• �'� ud Ar�'P � fw�i Sri n? s � • l Ur W hyo • •.. i i J^i A. +��. :. ' �. .T ��. _ vim r� ar . .. C Al., L` S All yi t� i � x,11. _ •rf tl y:: a 0 �IJ�� nw v 'I.a'X .' 1,1 i '.✓ 14 14 201 10 1 �Y4P3�. t'1. �'��R��..t `��+�Y. �)i"� '� Y �+N!:� '( ��S ♦ Kii♦ ♦ YI •�t, Y 1� J, F{ cF rIA F t� 1 lz t ; + Al. d VL t�o Y `'it.-� Y•1l.>T�"'y, L .Y� r� r ' � , ''f' 2 n 1 1 . y �+ "X"�r,$r` �Y r .iC C t'"`4�..�r�P � Y s: � py� � ♦ ° �,. , tau• ._Ljy �+�:_{1� * • "Mv.krl ,€.j,1V x � Oj at Q 0411412010 1 0 1.3 we VV I C� ,Y 4 5. t-P•a .,._ Y l t k y♦ Rm, � ,�"a - "Sr` x �� I w °,, d @ y \r\ ,� i ,+e 7- 4'> s�innr;,:.y ' �,�t-°SSµ �• { -:,v .x. J � tape' •�,� rP �', GL,y Y •y �", ,� � 4 '� PF'�.1�tl3 r X •�',.7 STik I wX <- r op;�1„�q` �►yI - �} '•.�?q -yq r'.�'ITrr �! r-A��r� �yy/h J/ FK Nil ��' "�p,,tiI•�r;yFC �` � 1C.1�`fx,'` .,��4�'3 4. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsy Perkins Secretaries December 14 , 2009 Southold Town Trustees P .O.Box 1179 Southold Town Hall Main Road, Southold, NY 11971 Re : 1000-40-1-7 Thomas Zoitas Dear President King and Board: The pool and patio have been completed and we had requested a compliance certificate . However, prior to issuance of a compliance certificate you instructed my client to complete the planting plan. Briarcliff Landscaping has completed the planting of beach grass along the beach stairs and supplemented the natural growth with rosa rugosa. In accordance with our permit only the vines and diseased vegetation was removed by Mr. Zoitas, the standing trees remained and are shown on the existing conditions landscape plan. Some unhealthy trees on the east side are leaning along the property line, these trees were damaged by the vines (please see the remnants of the imbedded vines on the trunk) , my client wishes to cut any part of the tree which could cause damage to the adjacent property and fence . Briarcliff recommends that we cut these trees, however, they asked us to get your review and approval . My client is concerned that the trees may be unsafe . Briarcliff and Mr. Zoitas planted more plants than what was shown on the proposed landscape plan and left the noninvasive natural growth in place. Enclosed is an existing conditions plan which shows the additional plants and less yard then what was originally requested. As to the walkway to the beach stairs, the Trustees permit approved a four foot "bluestone on top of sand" (pervious walk) . Mr. Zoitas reduced the width from 4 feet to 3 feet and since the patio was made with the modular size brick pavers on top of compacted sand (pervious) the walkway was continued of the same material brick pavers rather than bluestone pavers . The approved pervious/permeable material was substituted for another more pervious material . Enclosed is a letter from Joe Fischetti, PE, in which he certifies as a professional engineer, that a 3 foot brick walkway is substantially more permeable than a 4 foot blue stone walkway. Please let me know if you want me to amend the permit to update the changes . Since we added more landscaping and replaced pervious/permeable material (one for the other) it may not require the amendment . But S will leave it up to you and can submit the amendment for the January meeting. Ve �trulvNours, �tricia C. Moore CC : Thomas Zoitas Briarcliff Landscaping Joseph Fischetti , PE, SECB PROFESSIONAL ENGINEER 1725 HOBART ROAD/PO Box 616 SOUTHOLD, NEW YORK 11971 TEL: 631.765.2954 FAX: 631.614.3516 • e-mail:joseph@fischetti.com Date: November 20, 2009 Reference: Zoitas — SCTM 40-1-7 Board of Trustees Town of Southold PO Box 1179 Southold, NY 11971 Mr. James King, President, This is an analysis of the comparison of the permeability of construction of walkways made from Bluestone pavers over sand verses brick pavers over sand. Bluestone Walkway—4 foot wide Bluestone pavers are generally in square or rectangular shapes. Bluestone pavers are made from a stone that is actually a type of sandstone, and the technical term for this particular type of paver is not bluestone, but feldspathic sandstone. The stone is blue and gray in color. The pavers are normally installed with various size stones varying from 8"x8" to sizes up to 24" x 36" and including all sizes in between. The stones are saw cut to their final shape giving them sharp defined edges. The pavers would be installed dry over compacted sand. Brick walkway — 3 foot wide Wall brick contains modular size brick pavers to allow for a easy installation. Sizes range from 3"x6" to 6" x12" The brick is installed dry on top of compacted sand. The sizes are much smaller than the bluestone pavers resulting in more joints. The analysis of the permeability of the two types of walkway types relates to how rainfall on the two surfaces enters the ground. Because the brick paver is generally smaller than the bluestone paver we have substantially more dry joints for the water to enter the ground. We also have 25% less surface area with a 3 foot wide walk than a 4 foot walk. As can be seen in this analysis a 3 foot Brick Walkway is substantially more permeable than a 4 foot Bluestone Walkway. h James F. King,President 4. Town Hall,53095 Main Rd. Jill M.Doherty,Vice-President P.O. Box 1179 Peggy A.Dickerson Southold,NY 11971 Dave Bergen A" "� ab'�� Telephone(631)765-1892 Bob Ghosio,Jr. 1 �' Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain Ilt day of construction /% constructed Project complete, compliance inspection. INSPECTED BY: COMMENTS: CERTIFICATE OF COMPLIANCE: r �w 4 r9 1 I +TMS - '.i. - :t»Bar •:'u�.� P 35 " � a, ,SAF D �1�7►��• �...�ar � v�� i � �. .. ..« . _ s-�s 4E,a'� '"`f *��%��r%^►�► Y'*�s°i►�dsi�i��4 ' t"MMmi � � 3� ' � I's 10/09/2009 14:38 FAX 631 76 643 MOORE LAW OFFICES -� Trustees Z001 0 • PATRICIA C. MOORE Attomey at Law 51020 Main Road Southold,New York 11971 Tel:(631)7654330 Fax:(631)765-4643 October 9, 2009 Board of Trustees �— Town of Southold Main Read Southold NY 11971 RE: ZOITAS PREMISES: 6255 NORTH ROAD, GREENPORT SCTM: 1000-40-1-7 Dear President King & Board members: With reference to the above, please let this serve as our request that the Board conducl. a final inspection so that we can obtain a Certificate of Compliance. The recorded C & R's will follow under separate cover. Ve tr ly yours, r Patricia C. M ore �� PChjb ellcls. — C: Mr. Thomas Zoitas S.C.D.H.S. REF. NUMBER R10-07-0086 � N SURVEY OF PROPERTY AT ARSHAMOMOOVE TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 0 0� 1000-40-01-07 SCALE. 1'=40' NOVEMBER 2, 2009 (FINAL) April 20, 2010 (coastal erosion hazard line) June 14, 2010 (fence location) lao, -0 g �� 9,10 t^QC�` � •� i /} O 0- G �1 56 q w .(ip, -oGG1,A t� �tb m `,,j' APPROVED BY .-:BARD OF TRUSTEES 'sod" rdN OF SOUTHOLD - -- COs* AREA=49,881 SO. FT. TO TIE LINE t6 56 1000 I am familiar with the STANDARDS FOR APPROVAL og _ AND CONSTRUCTION OF SUBSURFACE SEWAGE SO �� DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES / and will abide by the conditions set forth therein and on the permit to construct. The location of wells and cesspools shown hereon are from field observations and or from data obtained from others. " ANY ALTERATION OR AD0177ON TO THIS SURVEY /S A VIOLATION NO. 49618 OF SECTION 7209 OF THE NEW YORK STATE EDUCA77ON LAW. ECONIC SU EXCEPT AS PER SEC77ON 7209-SUBDIVISION 2. ALL CER77FICA77ONS (631) 765-50 31) 765-1797 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY /F P.O. BOX 909 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 1191 [ 02-357 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 June 10, 2010 Board of Trustees - - Town of Southold Main Road Southold NY 11971 By Hand - RE: ZOITAS PREMISES: 6255 NORTH ROAD, GREENPORT SCTM: 1000-40-1-7 Dear President Doherty & Board members: In confirmation of our field inspection yesterday, enclosed please find revised landscape plan dated June 9, 2010 showing: 1. Relocation of pool fence to 55' from CEHLine; 2. Removal of certain trees and shrubs as indicated on the plan last dated June 9, 2010; 3. Landscape buffer, undisturbed native growth seaward of the CEHLine, additional juniper on east and west side of property and extensive planting of rosa rugosa; 4. move the natural boulder away from the beach stairs and revegetate affected area. GO?X'4ai-cJ 4 wuc! ConNo/ Upon approval of the amended permit, we will start the project as shown on the plan. V� rs, i (---Patricia C. Moore PCM/bp encls. C: Mr. Thomas Zoitas EMO LETTER t PATRICIA C. MOORE,tORNEY AT LAW 51020 Main Road Southold,NY 11971 (631)785.4330 small:pcmoorel Goptonline.net DATE — TO SUBJECT v 1 i ;:. ip� - 1 SIP NED Please reply No reply necessary I PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsy Perkins Secretaries May 5 , 2010 Southold Town Trustees P.O.Box 1179 Southold Town Hall Main Road, Southold, NY 11971 Re: 1000-40-1-7 Thomas Zoitas Dear President Doherty and Board: In accordance with my previous discussions with the Board we agreed that we would submit an amendment to permit 6955 . However, prior to my completion of the written amendment my client was not happy with the way his yard looked. He met with Joyce from Briarcliff and asked her to design a landscape plan for your review which gives his family a yard and provides a non-turf buffer. Enclosed please find Briarcliff plan dated 5-5-10 which addresses both my client' s request and incorporates the Trustees requests . This plan is proposed and we await your review. The Board asked me to have Peconic Surveyors stake the location of the CEHLine for your inspection. The property is staked and ready for inspection. We would request an amendment to the permit as follows : 1 . The Trustees requested that area seaward of the Coastal Erosion Hazard line be designated a "non disturbance zone" . The Briarcliff drawings show the area seaward of the Coastal Erosion Hazard line as a "non-disturbance area" . Mr. Zoitas wants to delineate the "non-disturbance line" with his pool fence. Therefore, we request relocating the pool fence to the landward side of the non-disturbance area. This is a common recommendation and condition by the DEC along tidal areas because the fence assures the DEC that the non-disturbance line is clearly established and left undisturbed. 2 . You requested additional erosion control on the bluff (additional vegetation is proposed) . A large bolder located on the east side of the bluff shifted during the rain storms, we will have the bolder dislodged from the beach stairs (it is presently leaning against the beach stairs) . The vegetation and ground which has been disturbed by the Bolder will be re-vegetated. Briarcliff recommends the extra rosa rugosa from the yard be replanted on the bluff . 3 . The Trustees requested that we continue with the line of evergreen along the east and west property line to the top of the bluff . Briarcliff has shown this on the plans and has recommended native drought tolerant plants . I have attached the specifications of the juniperus virginiana `grey owl, for your information. 4 . As previously discussed, approve reduction of walkway from the approved 4 feet to the 3 feet wide with pervious material pathway (presently improved with brick pavers) . 5 . Briarcliff has shown the diseased trees on the plans located approximately 75-90 feet from the top of the bluff . These trees are damaged and diseased and must be cut down. 6 . The existing plants will be relocated by Briarcliff . We would supplement the nondisturbance area from the bluff to the CEHL with the Rosa Rugosa and plant a 15 foot vegetative buffer seaward. The non-turf buffer plus the vegetative buffer provides a "non-turf" area of 20 , seaward of the top of the bluff. Mr. Zoitas wanted a safe back yard for his family while protecting his bluff with a non-turf buffer. The building department is ready to issue a C.O. for the pool . The pool is approximately 120 feet from the top of the bluff . We request a letter from you to the building department authorizing them to issue the certificate of occupancy for the pool . Very "tru1 yours, LPatriCia C. Moore CC : Thomas Zoitas Briarcliff Landscaping PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsy Perkins Secretaries March 16, 2010 Southold Town Trustees P.O.Box 1179 Southold Town Hall Main Road, Southold, NY 11971 Re : 1000-40-1-7 Thomas Zoitas Dear President Doherty and Board: The violation has been resolved. We respectfully request a compliance certificate for the pool, patio and beach stairs . The building department is ready to issue a C.O. for the pool therefore, we require the compliance certificate . Very„tc%J` yours, Pafricia C. Moore CC : Thomas Zoitas `j.J 03/15/2010 16:43 FAX 631 765 4643 MOORE LAW OFFICES 4 Trustees IM 001 I PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsy Perkins March 16, 2010 Secretaries Southold Town Trustees ; P.O.Box 1179 Southold Town Hall � G Main :Road, Southold, NY 11971 Re: 1000-40-1-7 �4 `V Thomas Zoitas Dear President Doherty and Board; The violation has been resolved. We respectfully request a compliance certificate for the pool, patio and beach stairs. The building department is ready to issue a C.O. for the pool therefore, we require the compliance certificate. Very trul yours, Patricia C. Moore CC: Thomas Zoitas PATRA C. MOORE, ATTORNEY 0 LAW 51020 Main Road, Southold, NY 11971 (631) 765-4330 DATE r � TO - -- SUBJECT L J FEB k. Roaru of Trust . 1 SIGNED F U - PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)7654643 November 4, 2009 Board of Trustees Town of Southold Main Road Southold NY 11971 RE: ZOITAS PREMISES: 6255 NORTH ROAD, GREENPORT SCTM: 1000-40-1-7 Dear President King & Board members: With reference to the above, enclosed please find a certified copy of the recorded C & R's per the Permit requirements. Thank you. Ve ruly yours, atrlcia C. re By Betsy er ins LA by encls. C: Mr. Thomas Zoitas REC:!if DEp Numberol'pagesOJ9 Nr, 1'2 ;t: ',O:N_ HP1 TORRENS J ;d.'.'..h A. ='a :;.e !:L ERF:; OF Serial # rIJFFOLV' COUNT'' ! D0130;2604 Certificate# t' 9'14 Prior Ctf. # Deed . Mortgage Instrument Deed/Mortgage Tax Stamp Recording/ Filing Stamps 3 1 FEES Page/ Filing Fee Mortgage Amt. 1. Basic Tax Handling 2, Additional Tax TP-584 Sub Total Spec. /Assit. Notation / or V EA-5217 (County) Sub Total � Spec. /Add. TOT. MTG. TAX EA-5217 (State) Dual Town Dual County R.P.T.S.A. _ Held for Appointment �' Aa Transfer Tax Comm. of Ed. 5. 00 d Mansion Tax ' Affidavit � The property covered by this motgage is or will be improved by a one or two Certified Fopy 4- C9& family dwelling only. -- CoTotal j S YES or NO g. py Sub Total If NO, see appropriate tax clause on Other 'vVl J I Grand Total Page# of this instrument. 1000 04000 0100 007000 Il 07 4 Distririct PTS 7 5 Community Preservation Fund Real R CWH A Consideration Amount $0 Property U2 NOV-0 Tax Service CPF Tax Due $0 Agency Improved Verification Vacant Land 6 1 Satisfaction/Discharges/Release List Property Owners Mailing Address TD RECORD & RETURN TO: PATRICIA C. MOORE ESQ. TD 51020 MAIN ROAD SOUTHOLD NY 11971 TD 7 Title Company Information Co. Name peconic abstract inc Title# a Suffolk County Recording & Endorsement Page This page forms part of the attached DECLARATION OF COVENANTS AND RESTRICTIO made by: (SPECIFY TYPE OF INSTRUMENT) THOMAS ZOITAS The premisis herein is situated in SUFFOLK COUNTY, NEW YORK, TO In the Township of SOUTHOLD TOWN OF SOUTHOLD In the VILLAGE or HAMLET of GREENPORT BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax bills. Local property taxes are payable twice a year: on or before January 10th and on or before May 31st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, NY 11757 Riverhead, NY 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson, NY 11777 Shelter Island, NY 11964 (631) 473-0236 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, NY 11937 Smithtown, NY 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, NY 11743 Southampton, NY 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Road Islip, NY 11751 Southold, NY 11971 (631) 224-5580 (631) 765-1803 Sincerely, &Uudtt�� Edward P. Ramaine Suffolk County Clerk CC# : C09-44337 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 11/02/2009 under Liber D00012604 and Page 934 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 11/02/2009 SUFFOLK COUNTY CLERK �la drlsL Q. /'A.pG(.Lp L/ JUDITH A.PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 11/02/2009 Number of Pages : 4 At: 11 :10 : 01 AM Receipt Number : 09-0126428 LIBER: D00012604 PAGE : 934 District: Section: Block: Lot: 1000 040 . 00 01 .00 007 . 000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20 . 00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15.00 NO TP-584 $0 .00 NO Notation $0 . 00 NO Cert.Copies $5 .20 NO RPT $30 . 00 NO Fees Paid $95 .20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made thist2) day of October,2009, by THOMAS ZOITAS, now residing at 93 Sussex Drive,Manhasset, New York 11030 owner, hereinafter referred to as the"Declarant". WITNESSETH: WHEREAS, the Declarant has title to certain land situate, lying and being at 6255 North Road, Greenport, Town of Southold, Suffolk County, New York, SCTM 1000-40-1-�wwaid land h being more particularly described in Schedule A which is attached hereto; and WHEREAS, the Property is situated in or adjacent to lands activities upon which are regulated by the Town of Southold Board of Trustees pursuant to Chapter 275 of the Town Code of the Town of Southold, as may be amended, and various activities conducted upon the property are subject to the jurisdiction, regulation and approval or disapproval of the Trustees prior to being conducted; WHEREAS, the Declarant has applied to the Town of Southold Board of Trustees for a wetland permit to install an in-ground swimming pool, patio, construct beach access stairs as depicted on the stair site plan prepared by Chorno Associates, last dated July 17, 2008, ad received on July 23, 2008 and survey prepared by Peconic Surveyors, last dated February 10, 2009 and received on February 11, 2009. WHEREAS,the Town of Southold Board of Trustees, as conditions for the issuance of such Wetland Permit, required certain covenants and restrictions be placed on the property as shown on the aforesaid plans. NOW, THEREFORE, this Declarant witnesseth: That Declarant,for the purpose of carrying out the intentions expressed above does hereby make known, admit, publish, covenant and agree that the said property herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding on all purchasers and holders of said premises, their heirs, successors, and assigns, to wit: 1. The grant of a Wetland Permit to install an in-ground swimming pool, patio, construct beach access stairs, with the conditions of a 4' wide access path to the stairs, use of the stair plan dated July 17, 2008, the pool patio is to be made of a pervious material, the pool fence is to be installed on the landward side of the approved hay bale line, the only landscaping allowed is the elimination of by hand only all choker vines seaward of present hay bale/silt fence line, no other vegetation other than the choker vines is permitted to be removed, a re-review of the landscaping plan after the choker vines are removed for future decision of a non- disturbance buffer area, revegetate around stairs to beach with beach grass, a line of staked hay bales with silt fencing is installed prior to construction and as depicted on the stair site plan prepared by Chorno Associates, last dated July 17, 2008, ad received on July 23, 2008 and as depicted on the survey prepared by Peconic Surveyors, last dated February 10, 2009 and received on February 11, 2009; in perpetuity. 2. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of the Town of Southold Board of Trustees after a duly noticed public meeting. Adjoining property owners shall be entitled to notice of such public meeting by publication or as otherwise deemed sufficient by the Board of Trustees but their consent to such modification shall not be required. 3. It is the responsibility of any party having any right, title or interest in the Property to) consult Chapter 275 of the Town Code of the Town of Southold, as may be amended, and to obtain from the Town of Southold Board of Trustees review and such approvals as may be required by Chapter 275 for activities regulated therein on the Property. 4. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants. � ) THE FOREGOING covenants and restrictions shall bind the Declarant,its heirs,successors and assigns, and any and all person or persons who shall succaed to the ownership of said premises of any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. THOMAS ZOITAS CONSTANTINE RABOS Notary Public. State of New York STATE. OF NEW YORK) r.. 01RA5022137 SS.: _ Q=r��'` r;.m Queens CE-4pires Jar, 3 2010 ounty . COUNTY OF 1",?U(H+i ) On this 1'3 day of 0670 P C- , in the year 2009, before me personally appeared THOMAS ZOITAS, known to me or proved to me on the basis of satisfactory evidence to be the individuals whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their capacity and that by their signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed a instrument. Notary Public Qr�B0 ,t, 0l~ R Lf Pu a r C ,uo • piizASoaa137 U U 441, U tJ Q r. 'l-t w y cjY, nc sSCr.tr E� jotn.t4 Peconic Abstract, Inc. Schedule A Description ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northwesterly side of North Road (C.R. 48) distant 1380 feet, more or less, northeasterly from the corner formed by the intersection of the northwesterly side of North Road with the northeasterly side of Chapel Lane; RUNNING THENCE North 36 degrees 39 minutes 10 seconds West, along land now or formerly of R.W. Surprenant, 487.43 feet to Long Island Sound; THENCE along a tie line, North 42 degrees 46 minutes 20 seconds East, 112.18 feet to land now or formerly of R.E. and D.A. Young; THENCE along said last mentioned land, South 34 degrees 11 minutes 20 seconds East, 520.91 feet to the northwesterly side of North Road; THENCE along the northwesterly side of North Road, South 61 degrees 23 minutes 20 seconds West, 88.75 feet to the point or place of BEGINNING. o�guFfQ(�.� tia James F.King,President - Town Hall.,53095 Main Rd. Jill M. Doherty,Vice-President P.O. Box 1179 Peggy A. Dickerson - 'Wj .�`� .Southold,NY 11971 Dave Bergen. Telephone(631)765-1892 Bob Ghosio,Jr. 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 ZInspection of choker vine removal Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK PERMIT NO. 6955 DATE: AUGUST 20. 2008 ISSUED TO: THOMAS & AAIDREW ZOIT,AS PROPERTY ADDRESS: 62555 NORTH ROAD, GREENPORT SCTM#40-1-7 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on August 20,2008,and inconsideration of application fee in the sum of$250.00 paid by Thomas&Andrew Zoitas and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to install an in-ground swimming pool,patio,construct beach access stairs,with the conditions of a 4' wide access path to the stairs,use of the stair plan dated July 17,2008,the pool patio is to be made of a pervious material,the pool fence is to be installed on the landward side of the approved hay bale line,the only landscaping allowed is the elimination by hand only all choker vines seaward of present hay baletsilt fence line,no other vegetation other than the choker vines is permitted to be removed,a re-review of the landscaping plan after the choker vines are removed for future decision of a non-disturbance buffer area,re- vegetate around stairs to beach with beach grass,a line of staked hay bales with silt fencing is installed prior to construction,and as depicted on the stair site plan prepared by Chorno Associates,last dated July 17,2008,and received on July 23,2008,and as depicted on the survey prepared by Peconic Surveyors,'P.C.last dated February 10,2009 and received on February 11, 2009. IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. gti♦FF03: I � Peggy Dicker n - Nay •,t Bob :Ghosio, Jr. - Nay TERMS AND CONDITIONS The Permittee Thomas&Andrew Zoitas residing at 62555 North Road GreenportNew York as part of the consideration for the issuance of the Permit,does understand and prescribe to the following: 1. 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 for a period of 24 months,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 at a later date. 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 of the 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 Southold 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 of this 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 of the 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. James F. King,President Town Hall Annex Jill M.Doherty,Vice-President54375 Main Road Peggy A. Dickerson P.O. Box 1179 Southold,New York 11971-0959 Dave Bergen N Bob Ghosiq Jr. Telephone(631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 20, 2008 Ms. Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: THOMAS & ANDREW ZOITAS 62555 NORTH ROAD, GREENPORT SCTM# 40-1-7 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, August 20, 2008 regarding the above matter: WHEREAS, Patricia C. Moore, Esq. on behalf of THOMAS & ANDREW ZOITAS applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated May 16, 2008, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on August 20, 2008, 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, z WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of THOMAS & ANDREW ZOITAS to install an in-ground swimming pool, patio, construct beach access stairs, with the conditions of a 4' wide access path to the stairs, use of the stair plan dated July 17, 2008, the pool patio is to be made of a pervious material, the pool fence is to be installed on the landward side of the approved hay bale line, the only landscaping allowed is the elimination by hand only all choker vines seaward of present hay bale/silt fence line,no other vegetation other than the choker vines is permitted to be removed, a re-review of the landscaping plan after the choker vines are removed for future decision of a non-disturbance buffer area, re-vegetate,around stairs to beach with beach grass, a line of staked hay bales with silt fencing is installed prior to construction, and as depicted on the stair site plan prepared by Chomo Associates, last dated July 17, 2008, and received on July 23, 2008,and as depicted on the survey prepared by Peconic Surveyors, P.C. last dated February 10, 2009 and received on February 11, 2009. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $100.00 Very truly yours, )ZA--d- CZ �7f James F. King. President, Board of Trustees JFK/eac James F. King, President �aOF SOpjyo Town Hall Jill M. Doherty,Vice-President It 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson #f # Southold, New York 11971-0959 Dave Bergen G Bob Ghosio,Jr. '.n �O Telephone(631)765-1892 Comm,��' Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: I horv�as F �n�r�� Zo 1ZL5 Please be advised that your application dated —ACUA / F o?Gb� has been reviewed by this Board at the regular meeting ofJ 0�0 .30p and your application has been approved pending the comobtion of the follow' g items checked off below. Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1st Day of Construction ($50.00) % Constructed ($50.00) /Final Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: C) TOTAL FEES DUE: $ Sd BY: James F. King, President Board of Trustees I 1/07/2008 11:47 FA 631 765 4646 `IOSl H LO' OJIFTCRS - jWtees IM002 New York State Depertn►ent of EnWronmer+ted Consepradon Division of Environmental Permits SUNY @ Stony Brook, 50 Circle Road, St:nnv Rr:)ok, MY 11790-3409 Telephone (631) 444-0372 Facsimile (631) 4440360 A(ax&Ww B. Gnmdt Oomber 28, 2008 W. Thomas Zoitas D C/O TMA Contracting Corp. E C8 38-41 106 Street >J Long Island City,NY 11101 Nov . 7 2008 $0utbhob t� RE: 1-4738-03861/00001 808ry' Dear Permittee: In conformance with the requhernents of 'he State Uniform Procedures Act (Article 70, ECL) and its implementing regi. iMons (6NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit ;,ondit:irms and special conditions contained in the permit to ensure compliance during the twin or'!he.permit. If you axe unable to comply with any conditions, please contact us at the above a6k—ss. Also enclosed is a pernut sign ;A4-Ac.1s is t:) see conspicuo• .sly p)sted at the protect site and protected from the weather. S.,, 6116At ..G 4.4A4.,y' K. Werner Z-Virownental Analyst CKW/Is Enclosure 11/07/2008 11:48 FAX 631 765 48� 100R1'. LA'4 eFFICES - Sszees 1@003 NEWYORKSTATE DEPARTMENT OFENVIRON:t4ENTUi CONSERVATION Fadtlty DEC ID 1473843MI Under the Environmental Conservation Law 'CL Permittee and Facility 1.of ormation Permit Issued To: TstMi4_'v'ty: THOMAS ZOITAS ZOITAS PROPEM C/O TMA CONTRACTING CORP 5255ti :.'O R'TE 481SCTNV 100040-1-7 38-41 10TH ST t;=P'EE: IT'ORT,NY LONG ISLAND CITY,NY 11101 D ANDREW ZOITAS C/O TMA CONTRACTING 38-41 10TH ST NOV 7, 2008 LONG ISLAND CITY,NY 11101 Sosthhold Town Board of Trustees Facility Application Contact: PATRICIA C MOORE 51020 MAIN RD SOUTHOLD,NY 11971 (631).7654330 Facility Location: in SOUTHOLD in SUFF0I,F:C'C�UN -c 1+7inage: Green 1cr? Facility Principal Reference Point: NYTM-E: N- "1 Nl N: Latitude; cr ;itad Project Location: 62555 CR 48 Watercourse • Long Island Sourui Authorized Activity: Constru,,,t 4'x 57'stairway to 4a e s teach. All wort-,must be in accordance with the attached plana stamped NYSDEC approved a n 10/27/0':'.. (CYW) Note: All property landward o:the top of barl.is bz:,yond -T;ti le 25 (Tidal WeVands Act)jurisdiction. Perllti� /'ttc9;11a13-i�a:�ieaie:v �_� Tidal Wetlands-Under Article 25 Permit ID 14738-03861/0000' New Permit Effective ri6tr;: _a Expiration Date: 10/28/2013 I • Page I of 5 11/07/2008 11:48 FAX 631 765 466 MOM TAIT 017HUS y(pstees X004 NEW YORK STATE DEPARTMENT OF E"MONMENTAL CONSERVATION Fuffity DEC ID 1-4738-03861 NYSI)F _approval By acceptance of"permit,the permittee agrees that tha permit Is contingent upon strict compliance with the ECL,all applicable regulations, and all conditions Included as part of this permit. Permit Administrator:MARK CARRARA, De_!1iy Region-ii Pel". it Administrator Address: NYSDEC REGION 111EADQU.<O.TERS SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK,NY .,I'i± s Authorized Signature: Date W-! 3 /—&W& e Disrribiadou Llr;t PATRICIA C MOORE Marine Habitat Protection CLAIRE K WERNER Permit: _Ae7mponclats NATURAL RESOURCE PERMIT CUNDITtOIN"i GENERAL CONDITIONS,APPLY TO A:J,rti.i'I'F..JE. 7 iS l PERMITS NOTIFICATION OF OTHER PERMITTEE 031 T',ATIOMS NATURAL RESOURCE PERM& t7 -Apply to the Following Permits T D, ,l-a,, t,, I'LANDS ---- 1. State Not Liable for Damage The State of Ne,kx, Yorl: shai l in no case be liable for any damage or injury to the structure or work herein authorized',y fi may be caused by or result from future operations undertaken by the State for the conser anon ar ,u.:' 4'navigation,or.for o'ler purposes,and no claim or right to compensation shall accrue fiom r,,,.sln k da-;aage. 2. Notice of Commencement At least 48 hours prior to co-amencement of the project,the permittee and contractor Shall sign and return the top porAQ1, of thz en.-rased notification form certifying that they are fully aware of and understand all terrr;s and car:a:i 6:,r:s: of ' cis pe z tit. Within 30 days of completion of project,the bottom portion of the form tr u,; ;lit ) x 11-1C rc;tum.a, along=ori h photographs of the completed work. 3. No Disturbance to Vegetated Tidal Wetla,,.a d 4 :l c`e ssl nl't:l.s rc disturbance t, vegetated tidal wetlands or protected buffer ares as:a result of ch^ l enx it„c !4cb jties. lige ef 5 11/07/2008 11:49 FAX 631 765 46� MOORS T.AW OFFICES y(tees IM005 NEW YORK STATE DEPARTMENT OF ENVMONMEVTAL CONSERVATION 0 Fadity DEC ID 147M-ON1 4. Vegetate All Disturbed Areas The permittee shall revegetate all exposed faces and disturbed areas to prevent soil erosion prior to the project completion or expiraticn date of this permit,whichever comes first S. Ne.Alteration of Bluff for Stairway Alteration of the existit4grade of the bluff or hill daring conshwtion of the stairway is prohibited. 6. Stairway Design The stairway must be elan a::a,l a rrrininrum of 3 feet over,grade to minimize disturbance or loss of the natural vegetation and reduce the potential for causing or accelerating erosion of the bluff or hill. Disturbance to the natural vegetation or topography seaward of the creat(top)of the bluff or hill must be restricted to an 8-foot mide area,including the width of the stairway,as shown on the approved plana. 7. Equipment,Material"Stored Away from Cris t of Bluff 1 he storage of construction equipment and materials shall be confined to upland areas le:tdwand of the crest of the bluff or hill. & Conformance With Plana All activities autuot r.zed.by this permit must be in strict conformance with the approved plans submitted by the applicant or appli cant's agent as part of the permit application. Such approved plans were prepared by Angel B, Cborno,last revised 10/5/08(stair plan)and survey prepared by John T.Metzger,last revised 9122'0?, 9. State May Order Removal or Alteration of Work. If future operations by the State of Now York require on alteration in the position of the structure or work ncaei.n authorized,or if, in the opinion of the Department of Environmental Conservation it shall cause u:rreasonable obstruction to the free navigation of said waters or flood flows or endanger the hearth,safety ar welfare of the peo?le of the State,or cause loss or destruction of the natural resources of t io Mate, the owner may be ordered by the Department to remove or alter the structural work,obstructions, ccr hazards caused thereby without expense to the State, and it upon the expiration or revocation of this p ennit, �hc strnc'arre,fill, excavation, or other modification of the watercourse hereby authori;7ec` shall not he completed,the owners, shall,without expense to the State,and to such extent and in ,,u:h timo: aro rr.wrincr as the Department of Environnmental Conservation may require,ren. :4.l or m-xy portion of the uncompleted structure or fill and restore to its former condition the navigab"e ,!rid f.ocd i.,•aaci ty of tha watercourse. No claim shell be made against the State of New Yoric on aceoun. :4 any sv.ch removal or,alterabian. lo. Precautions Against Contamination of Well er!i : it a�-,c:fssary precautions shall be taken to preclude contamination of any wetland or watt' r;;a.j "s,y r,iaip,:laded solids, scdinxent's,fuels,solvents, lubricants,epoxy coatings,paints, concrete, leach::r:e or any o:Icer-environmentally deleterious materials associated with the project, 11. State May Require Site Restoration If ur c-n;;he expiration or revocatior, of this permit,the project hereby authorized has not been completed ire appii,naat shall,without vxpcnse to the State,and to such extent and in such time and manner as the i;rst :.u"r;ci :;t:,f Envirorunental ,:,onservation may require,remove all or any portion of the urrconnI;er"i,d st.nic;ce cr fill and restore the site to its former condition. No claim shall be made against the St-;;e o£Nei.*,` ork on account of any such removal or alteration. Page AS 11/07/2008 11:50 FAX 831 780 48� MW LAW UITICHS ftees IM00e NEW YORK STATE DEPARTMENT OF ENVIROWKENTAL CONSERVATION 0 Faci ty DEC 1111-4138-03861 GENERAL CONDITIONS-.Apply to ANLL Authorized Permits: I. Fsc ty Inspection by The Department The permitted site or facility,including relevant recoida,is subject to inspectionot reasonable hours and intelv91s by an authorized representative of the Department of Environmental Conservation(the Department)to detertr ire whether the.pertnittee is complying with this permit and the ECL. Such representative Tray;r,8'.r&P work suspender)pursusmt to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompeny the l7eF aitauent's representative during an inspection to the permit ares„when requested by the Departrn ,t. A copy of this permit,including all referenced rnr.;rps, drawiyij and special conditions,mustbe available fur inspection by the Department at all times ani tl e project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a.violation of this permit 2. Relationship of this Permit to Other DepRrtxenrt Orders and Determinations Unless expressly provided for by the Department, issuance of this permit dots not modify, supm-de or rescind any order or determination previously issued by the Departr.sc-nt or an/ o l'thn terns,conditions or requirements contained in such order or determination. 3: Applications For Permit Renewals,Modiflentions or'.t'rsnsfers The permitree must submit a separate written application to the Department ib.z r om.4t rc:c:c•;=;ai,modification or transfer of this permit. Such application must in.ckde any for.ur, :ir s:aeplzarrr.ntz infbrnation Oin Department requites, Any renewal,modification or transfer granted 1:i i t s I?eFzrrrr:eni:must be in writing. Submission of applications for permit renewal,modification or t:ransfar are'o he submitted to: Regional Permit Administratin NYSDEC REGION 1 HEADQT-'. .. I.-ERS SUNY®STOYi BROOKI50;;):.gid:"I:,L, ' STONY BROOK, NY 11790 -340 4. Submission of Renewal Application The;�e:-x:a^tee r,;xas summit a rericwai ap rlication at least 30 days before permit expiration for the folio=;s-;r;e x ,, ,it authorisations:Tidal Wetlands, 5. Permit Modifications, Suspensions clad t�Lf'CP anis-,.an :rf Oe Deyrartment The Department reserves the right to modify, suspend or revoke t� s, permit. ' he grounds for modification,suspension or revocation include: a, materially false or inaccurate statements iir 1:, pe;rrn it %pplication or supporting papers; b. failure by the permittee to co„ply vu;th -ua, ran«;.,;cr L-wiu.ition3 of'the urrnvit: c. exceeding the scope of the project as des: abed in the permit application.; d. newly discovered material infbrmaticn or a r:etcdal ci<:rngc in ynvironrr-ental conditions,relevant technology or applicable law or reguladonr s 'br ss:-tance of the existi;ag permit; Page 4 of 5 I ' I 11/07/2006 11:51 FAX 631 705 406 MOMS LAW OFFICES *tees IA007 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC D)1-473A-13861 a noncompliance with previously issuers nerrnii conditions,orders of the commissioner,any provisions of the Environmental Conservation Law or regulations of the Department related.to the permitted activity. 6. Permit Transfer Permits are transferrable lmless specifi Udly prohibited by statute,regulation or another permit condition. Applications for permA transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF O'TIIFR PERMITTEE OBLIGATIONS Item A:Permittee Accepts Legal Responsibility a nA At;':::es to Indemnification The permittee,excepting stateor federal agenciea, expressly agrees to indemnify raid hold harmless the Department of Environmental Conservation of th+:State of New York,its representatives,employees, and agents("DEC")for all claims, suits, actions, rt d 2',araagu5,to the extent attributable to the permittee's acts or omissions in connection wi+,:h iLie perutpae's undertaking of activities in connection with,or operation and maintenance of,the faci1711,or facilities authorized by the permit whether in 'compliance or not in compliance with the terms ,nd condit ons of the permit. This indemnification does not extend to any claims,suits,actions,or damages to the extent attributable to DEC's own negligent or intentional acts or omissions,or to any claims,:wzits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice I av a a,ui Ft r es t s,any citizen suit or civil rights provision under federal or state laws. Item B:Permittee's Contractors to Comply wrl h Pe+ ars{ The permittee is responsible for informing its i.no pendent const gators, t,,mpioyees, rgerts and assigns of their responsibility to comply with Ibis perrit, inrl.x"ng all s;s,ecial conditions WlAo acting as the pemmittee's agent with respect to the perrnittec actl+'6!ts, err e such persons shail be subject to the same sanctions for violations of the Environmental Cir:=e;1 a;:ion x.ax,as those pres(mbed for the permittee. Item C:Permittee Responsible for Obtaiaing'')ther Re iviLred.Permits The permittee is responsible for obtaining way oth-W ymrmi's, appy ovals, !:ands,asaments and rights-of- way that maybe required to carry out the e t 1=I.:us t r tr .,re r'U Jhoz zed by tb;is permi7.. Item D:No Right to Trespass or Interfere v ilk, H'1p,ariaa lUghts j This permit does not convey to the permitter;guy ri g?mt in ir.+;past upon the la es or interfere with the riparian rights of others in order to perform thio ra ik *:a + ti r nr eoea st su+l.;oriz, flae impairment of any rights,title,or interest in real or porso r lpr"�..-tin:a n'iU t? . f"'.:Cd iTI 11 P—MG11 11C'.a Darty to the permit. Pzge 5 of 5 11/07/2008 11:81 FAX 831 788 48 ➢Wf;k.E LAW OFFICES .testees IM008 655 NUR TN RLQ. J� LCA lb �J // '!r/iii \Ph' \ !an rcmC/e. wnb/be SUMAMS fCyt VAE ''... Abp CWdSihL+C7KW OF SCBSSG(,1i�F'ACE� UP AL SYSfi�NS POR SN6Y.EFAEf,'y,""'— y! /i///J f// p"?�J a+d:�W mSNt by ine conTpwr nl kHA ♦/ J//J//// � �� .y P. 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O. .d AYG1 t, Tk 1 A'. rE3O _ .. - 5l7i! //A 02- 357 NTS- • s cc%acoo� e 0 0 ao rt N yy � y ^f a`� - ._.�rY2 - �1✓FF �, ccw;AiCiED-.S�/c.(_Yo'<o.✓r„d,�7c,.1 • N �I i r i f t I m T c . p:4r.LdNbr7C"�fl: 2¢Sr•,. r-.-�'•�^' - L•k''✓--- PROP03E4 §;EACH ACCESS ,.� ..,• „°,� �'` �O?[. ZOITAS RESIDENCE- U—T �•, 047rm T_ 7-267,06 CHO OA666CIATES• o[s'j6?'•;+° /�(/�� ,p EV [ /0•,5-•0$ ca�ana�Oo,x�wrar"' - OF NEA N i m - O O ' N O rl 11/07/2008 11:47 FAX 881 765 46 MOORI: LANOFRicils tees 11001 ip PATR1CiA C. M:')ORE attorney at Lsw 51020 Main Roel Southold. N,w Y"^rk 11971 Tel: (62.1)755-4330 Fax: i�'21) 765-45'3 Thapages comprising this facsimile transmiss!c n roWml oat4vl information from Patricia C.Moore. This Information is intended solely for use by the incrw4:r:.rale±0iyrr:mad asthe recirirmthi:raof ifyouarenotthe intended recipient be aware that any disclosure, copying; distribution. or use of the contents of this transmission is prohibited. If you hsve recei/,ar.' tris tr arrsn :icn in error, please notify us by telephone immediistely so we may arrange to retrieve this ai no cost to you. TO: L' Z J {�2J�iC_6•... i Fj X'. NO: �._---- — RE: Z o e - DATE: I Uc3 TOTAL NUMBER OF PAGES INCLUDING Cf.?UER SH*_`;::T' IF TRANSMISSION IS FAULTY OR iP:`+: ::fvtiP {'I..; P*_F ASE CALL &V'K AS SOON AS POSSIBLE. CLIENT NAME: __—.__-_..___-, OPERATOR: comments: N0V L 2008 D pe't'/y-I N' _ I J 4. . 8. U 08/ 13/2008 08 : 56 L, 08/ 13/2008 08 : 56 Av V . 1 08/ 13/2008 08 : 56 V:.• 4WT , y :�'-� •� � �� ' OB 13;1 8 O8� 57 f , Arm, 4 � r � s 0 ' y4 AN r 3;ir w- _ r ° - 'fir' y�,•: s ',i�: N•- F w,F` '• �" 'y' d� y '. ♦r .. / �t*` \��i :.71�. s�� s ' l �. �r ^ 'v ¢y�.�-, a �a�"' a a` p♦! �\ 'tt \ •M r Y Y� ..F1_ 08% 13%2008 X09 al 0y` ' ! i • .. �a a �� A. f„ ,v y r. Cr . y • n � a w08101.3[2008 09' 14� y i /F t' J. 07/ 16/2008 09 . 47 8 07/ 16!2008 09 : 54 R ,y .. J � -YAC �Y f,` ji... d ' \.. A W "� y' � r '�` t ; , ':1 rA � , C '_s ' _ ... � � � ... rf ', _c^' r A 5.5rw '��-.. ,,� �,. � � » .- �'." ' r.:. � b4.�"x' r 5:s� 'T �� 07/ 16/2006 09 : 54 •:;; ., � `� ,7.3' 7 0. '� � _ � �, 'i..i� / 'h� 5 � . epi' . _ i , _ � � o-` r ' ` � k. t � � t, .� -- - �, 07/ 16/2008 09 : 54 k� �j h ...yam _ t:y, _ _ • - a• i it T,•�1 �•,. / � • ♦��H�� . y .�1.�r � �� ' • ��7+Shi C C4 -..��a,. a• ... . it Y rip t M.� nm YF Alt� k. 41 ��• '0:6/ 1rMll- L008 BUFFO(f James F.King,President �� P.O.Box 1179 Jill M.Doherty,Vice-President ? Southold,NY 11971 Peggy A.Dickerson Telephone(631)765-1892 Dave Bergen ,� Fax(631)765-6641 Bob Ghosio,Jr. Southold Town Board of Trustees Field Inspection/Worksession Report Datelrime: �' THOMAS & ANDREW ZOITAS request a Wetland Permit to install an in-ground swimming pool, patio, and landscaping within 100' from the top of the bluff, retain a 30' non-turf buffer and construct beach access stairs. Located: 6255 North Rd., Greenport. SCTM#40-1-7 Type o_,j area to be impacted: altwater Wetland _Freshwater Wetland V'Sound _Bay Distance of proposed work to edge of wetland Pa Town Code proposed work falls under: hapt.275 _Chapt. 111 _other G c� Type of Application: —Wetland _Coastal Erosion _Amendment —Administrative—Emergency_Pre-Submission Violation Info needed'-,� �h4 dos' –X o sot- Io�e(� L T Modifications: S41¢irw!j smud't H+a1rt —f� ��rrru, E,,,t 7 Conditions: dlea.l C46kf �J,��s a,��y � rn ��a{� 4 5?" Present Were: J.King VJ.Doherty .Dicker on _D. Bergen_ B.Ghosio, D. Dzenkowski _Mark Terryother S Form filled out in the field by � Mailed/Faxed to: Date: s Environmental Technician Review- Donald Wilder,Chairman Town Hall,53095 Main Rd. Lauren Standish,Secretary O P.O.Box 1179 Southold,NY 11971 Telephone(631)765-1892 1 Fax(631)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., June 11, 2008, the following recommendation was made: Moved by James Eckert, seconded by Don Wilder, it was RESOLVED to SUPPORT the Wetland Permit application of THOMAS & ANDREW ZOITAS to install an in-ground swimming pool, patio, and landscaping within 100' from the top of the bluff, retain a 30' non-turf buffer and construct beach access stairs. Located: 6255 North Rd., Greenport. SCTM#40-1-7 Inspected by: James Eckert The CAC Supports the application with the Condition of a 30' non-disturbance buffer and a plan be submitted to control erosion underneath the proposed beach stairs. Vote of Council: Ayes: All Motion Carried I[.,.Ell IS J � —N , 5 ..a 5 . �Wt^ �O � rua Vn y sa I. a.,w r YEV�' I+ oo�: N p 4f0y Y0 r Y _ s a�° d`F ° � o .a;$•°-'So�t�,s Pt ,..u.... v;� / n ♦° ». %.�:\'„ 3 sottonn tDW`p�E OF GPV' y_ v e l IS E. — �e`" Y ors P ?q TOWN OF SOUTHOLD o,em� z o e�.n. '�vnmx /¢ 1-1 kET" 6sm Ycwas �•� VILLPCE OF GHEENPODT \ ' ' YE SEE, COUNTY OF SUFFOLK © " SOUTHOLD gcTrox xo Aed Praper}y Tax Service Agency Er a a w. — —__—__ �. �.� R. \xN 040 u. •.,�,.,n pit un iaoo PROPERTY YK PATRI C. MOORE, ATTORNEY * LAW 51020 Main Road, Southold, NY 11971 (631) 7654330 DATETO _ SUBJECT - FEB 1 09 120Y�, J Southhold Town �'� Board of Trust Qa, -- poi . _-.-.--------.--. 77 - - SIGNED OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O.Box 1179 54375 State Route 25 �Q$Vfl 0(�`O Southold,NY 11971 Main Rd.&Youngs Ave. �O Gy Telephone: 631 765-1938 Southold,NY 11971 Fax: 631 765-3136 o H 2 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD o � � � o � � n To: Jim King, President Town of Southold Board of Trustees JUL 2 3 2008 -� From: Scott Hilary, LWRP Coordinator Southold TO'Y' Date: July 16, 2008 Board of Trustees Re: Proposed Permit to Wetland Permit for THOMAS& ANDREW ZOITAS SCTM#40-1-7 Patricia C. Moore, Esq. on behalf of THOMAS & ANDREW ZOITAS request a Wetland Permit to install an in-ground swimming pool,patio, and landscaping within 100' from the top of the bluff, retain a 30' non-turf buffer and construct beach access stairs. Located: 6255 North Rd., Greenport. SCTM#40-1-7 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is consistent with the LWRP; provided that the proposed actions (beach stairs and pool)meet sub-policy 6.3,as outlined below. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. If the proposed actions are approved the best manaeement practice(BMP) is recommended: 1. Require the applicant to maximize an 80' perpetual, non-disturbance buffer maintaining the existing indigenous vegetation. (See Figures#1 and#2) The BMP will further sub-policy 6.3 D,and E as outlined below. D. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. ' r � • 4. Buffer width necessary to achieve a high particulate filtration efficiency of surface runoff as determined by vegetative cover type, soil characteristics,and slope of land. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided. 1. Maintain buffers to achieve a high filtration efficiency of surface runoff. 2. Avoid permanent or unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas. In addition to protecting and improving the Town's wetlands, adjacent lands that provide buffers to wetlands must be maintained and enhanced, and where appropriate, reestablished. These buffers are necessary to ensure the long term viability of the Town's wetlands. Where these lands are in private ownership, educating residential owners as to the long- term benefits of compatible land use and landscaping techniques will be essential to maintaining the ecological health of wetland areas. ;0 G x- Figure N-Existing 88' buffer seaward of hay bales Figure#2-Existing 88' buffer landward of bluff Pursuant to Chapter 268,the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. 07/07/2008 12:25 FAX 6315 4643 MOORE LAW OFFICES + Trustees 001 PATMCIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax:(631)765.4643 July 7, 2008 VSA GA+ Z 100VOU Board of Trustees Town of Southold Main Road Southold NY 11971 RE: ZOITASIKACE LLC PREMISES: 6256 NORTH ROAD, GREENPORT SCTM: 1000-40-1-7 Dear President King & Board members: With reference to the above, please let this serve as our request that the above application be placed back on your July 23 d calendar as the premises has now been staked for project field inspection on July 16'. I V truly you i r►� Patricia Moore v \ PCML p ) encls. 2 C: Mr. Thomas Zoitas D 15 15 `J Southold Zown goad of Vustees James F. King,President ��OF soUjyo Town Hall Jill M.Doherty,Vice-President 53095 Route 25 P.O. Box 1179 Peggy A.Dickerson Southold, New York 11971-0959 Dave Bergen G • ^a�O Telephone(631) 765-1892 John Holzapfel Ol',COU0 a Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application Wetland Permit Application _Administrative Permit Eli__Amendment/Traner/ xttewionReceivedApplicationReceived Fee:$ cZ50--completed Application tj1r'_Incomplete '�_SEQRA Classification: Type I_Type II_Unlisted_Coordination:(date sent) t "LWRP Consistency Assessment Form b 1 7.)\)l 0% /CAC Referral Sent: /Date of Inspection: n I l _Receipt of CAC Report: _Lead Agency Determination: JJJ_ MA iv 1 6 2008 Technical Review: _public Hearing Held: ( I Resolution: Name of Applicant / /7Oh7uS > Arc/vyi�� oi �cr5 Address I /Y74 Con /meq �a�d C fig Phone Number:( Suffolk County Tax Map Number: 1000 - 4/0 — / 07 Property Location: 6 2 SSS Al,--),, fin fZ d i (qr� r (provide LILCO Pole #, distance to cross streets, and location) AGENT: �et lYc e 4 (If applicable) /� coy Address: S—/dz 114at ) /Gadd, UgcMc)1(2 a� /V.y, //f 71 Phone: Board of Trustees Applica GENERAL DATA Land Area (in square feet): J'/ 91 Area Zoning: "te_ 4L C, Previous use of property: Ve-t-c - ��ou5e va ci �e�►S/yv zd�—r Intended use of propertyDD l /CvnclSS�fae �. , pO Sfa lr5 �o �n/� Covenants and Restrictions: Yes V- No If"Yes",please provide copy. Prior permits/approvals for site improvements: Agency Date 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: h. MAY 1 6 2008 Project Description (use attachments if necessary): fij>7s/Y(.cf aT� / 4�ahrnr/ /4ra aef G' '7 cent 7i5 4J71 nIJ&d a 11111 170m TP ge -F0 ' Non fuirr h6,6'i4 den 74- WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: �Z17 J •'�—U Area of wetlands on lot: quare feet Percent coverage of lot: % Closest distance between nearest existing structure and upland edge of wetlands: /d 07' feet Closest distance between nearest proposed structure and upland edge of wetlands: /DO ' feet Does the project involve excavation or filling? No Y Yes If yes, how much material will be excavated? 32x /(, cubic yards How much material will be filled? � cubic yards Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: i 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): ND»P - PROJECT ID NUMBER • 617.20 SEQR 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) 1.APPLICANT/SPONSOR /— 2.PROJECT NAME v - ✓/IOlY1Q5 GD/�C�S �00�� /Q/%O t LGiy7C�Sr 3.PROJECT LOCATION: �ji 25S /Va�t-Gr Qpod cSu��o 1 lu Municipality 6 O'✓1' County 4. PRECISE LOCATION: Street Access and Road Intersections, Prominent landmarks etc -or provide map �02S5 /Vo✓r-A Rocrd lUoo - Vt9 - - b7 5. IS PROPOSED ACTION: ® New Expansion f-1 Modification/alteration 6.DESCRIBE PROJECT BRIEFLY: Q 7.AMOUNT OF LAND AFFECTED: Initially / acres Ultimately acres 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? Eyes ❑ No If no,describe briefly: 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) Residential 0Industrial El Commercial ❑Agriculture FPark/Forest/Open Space F-10ther (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ElYes %No If yes, list agency name and permit / approval: 11.DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? CzYes ElNoIf yes, list agency name and permit / approval: LSI / vil5z 11I22–,–Dyes A RE ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? Dyes No I CERTIFY Tb THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / ySpo a e Date: Si natur o If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART H - IMPACT ASSESSMENT To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.47 If yes,coordinate the review process and use the FULL EAF. ❑ Yes E] No 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. Yes ❑ No 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: C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: 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 briefly: C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: C6. Long term,short term,cumulative,or other effects not identified in C1-05? Explain briefly: C7. Other im acts(Includin2 changes in use of either quantity or type of energy? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? I(yes,explain briefly: Yes ❑No r3E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If es explain: Yes EJ No F I PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e.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 Mad Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from res ponsib a-officer) PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax:: (631)765-4643 June 3 , 2008 Board of Trustees Town of Southold JUN - 4 2008 P.O. Box 1179 Southold, NY 11971 RE: THOMAS & ANDREW ZOITAS PREMISES: 6255 NORTH ROAD, GREENPORT SCTM # 1000-40-1-7 Dear Sir or Madam: With reference to the above, enclosed please find Affidavit of Mailing, postal receipts and copy of letter to the neighbors . Thank you. Very truly yours, Patricia core By: Betsy P rkins, LA by Enclosures BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------X In the Matter of the Application of AFFIDAVIT OF THOMAS & ANDRErLOITAS MAILING Applicant's Land Identified as 1000-40-1-17 ---------------------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Betsy Perkins, residing at Mattituck, New York, being duly sworn, depose and say that: On thday of June, 2008, 1 personally mailed at the United States Post Office in Sou old, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the neighbors on the attached list. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. etsy Perk' s (Signature Sworn to before me this 3 day of Jun ,3000 (Notary Public) PATRICIA C. MOORE Notary Public,State of New York Suffolk County-No.486166!L commission Expires June 16,.P_/0 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. ZOITAS NEIGHBOR LIST SCTM: 1000-40-1-17 RONALD W. SURTRENANT PO BOX 201 GREENPORT NY 11944 SCTM: 1000-40-1-6 DOROTHY YOUNG PO BOX 658 GREENPORT NY 11944 SCTM: 1000-40-1-8 KACE LI, LLC 43 W. 54TH STREET NEW YORK NY 10019 SCTM: 1000-40-3-1 RECEIPT RECEIPT I RECEIPT 7192 6463 3110 0000 1 154 7192 6463 3110 0000 1130 7192 6463 3110 0000 1147 FROM: FROM: FROM: Patdda C. Moore Esq. Patroal C. Moore Esq. Patricia C. Moore Esq. RE.ZOITAS TRUSTEES HEARI RE:ZONAS TRUSTEES HEAR) I REZOITAS TRUSTEES HEARI SEND TO: SEND TO: I SEND ELDI,LLC RONALD W 3URTRENANT DOROTHY YOUNG KAC43 W.54TH STREET PO BOX 201 PO BOX 658 NEW YORK NY 10019 GREENPORT NY 11944 GREENPORT NY 11944 FEES _ FEES: FEES: 042 P O`O 0.42 Postage 042 Ce,post� r \ 2.70 2.70 Cert�eC Fee 2.70 R O 2.20 �cIRadecept 0 Return PI 0 220 RBBB TOTS L'f*- $'' I TCET�tL .82 TOT PO P D TMARK ;P STMARK OR D T j PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)7654330 Fax: (631)765-4643 June 3 , 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: THOMAS & ANDREW ZOITAS PREMISES: 6255 NORTH ROAD, GREENPORT SCTM # 1000-99-1-5 Dear Neighbor: I represent the above with regard to property located on 6255 North Road, Greenport, New York. They have submitted an application to the Southold Town Board of Trustees to install an in-ground swimming pool, patio and landscaping within 100 feet from the top of the bluff, retain a 30 foot non-turf buffer and construct beach access stairs. A copy of the Hearing Notice is enclosed together with a copy of a portion of the site plan. The hearing on this matter has been scheduled for WEDNESDAY, June 18, 2008 on or about 6 : 00 p.m. at Southold Town Hall . If you have any questions, or you wish to support this application, please do not hesitate to contact me . Thank you. Ve rul yours, L�ricia C. Moore PCM/bp enc1S. C: Messrs . Zoitas Angel Chorno, Architect NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORDIIUVIZ ri Cndrtw Zd%+W SMCT P I QEAI NG: t� r ►►nd � TIME & .DATE OF PUBLIC HEAR NG: , , tars, UJO)., JItjm 11, &Wt w Cr Ott !o Pm - If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection rior to the day of the hearing during normal business days between the hours ofp8 a.m and .4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631 ) 765- 1892 p \4,P p ,9f / i 3� / / / 44 40.7-O/--a7- - zs�X�_' -s��•off ikQ o, ZOITAS RESIDENCE. y••� B. Cy 'Si ARSHEMOMOQUE SOUTHOLD NY N �ard of Trustees Applicatio AUTHORIZATION —T7 (where the applicant is not the owner) �'/ I , 6ods 0v/Ars residing at 6-4Xn 7M+4 / (print owner of property) (mailing address) �6Tp do hereby authorize L / / (Agent) r,,4 c C /i/DDS to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (O er' s signature) 8 Board of Trustees Application County of Suffolk State of New York /�u�� tl OeAl- BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVI IS APPLICATION. Signature SWORN TO BEFORE ME THIS /a DAY OF ,2000 t Notary P i A PENINS WOWV PuNIF SM of New YOM N0.01PE 6130636 n OuafleO MI S001k Caxrly CammM Egwa.Wly 7 y/� 0 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The mown f" ui 'd'-Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow rt to take whatever action is necessary to avoid same. ''T7� YOUR NAME: �q,/YLC[4 C �loo/r //l0/1712S 2C3r{69 (Last name,first name,diddle initial, unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee �. Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning . Other (If"OtheC',name the activity.) 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 business 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 _tel_ 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 applicantlagcnt/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,or child 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 owner 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 Submitted t ' - of A�,A- 200 Signa e Print Form TS I 11/06/2007 18:41 FAX 631 765 4� MOORE LAW OFFICES 003 AUTHORIZATION LETTER Southold Town Zoning Board of Appeals P.O.Box 1179 Southold Town Hall Main Road, Southold, NY 11971 Any and all other State, County, or Local agencies . AGENT: name : Patricia C. Moore Esq. address : 51020 Main Road, Southold NY 11971 telephone number: 631-765-4330 Dear Sir or Madam; The undersigned authorize Patricia C. Moore Esq. as our agent for all submissions to the Town of Southold, and any other State, County, or Local agency which may be required for construction of a pool. LAND OWNER: T'iS/c�M �4S Zc�/T/�S 0 0 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold 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 Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP 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 LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold'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 SCTM# 40 - 1 - 07 The Application has been submitted to (check appropriate response): Town Board Planning Dept._Building Dept. Board of Trustees X 1. Category of Town of Southold agency action (check appropriate response): 0 0 (a) Action undertaken directly by Town agency(e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: construct a swimming pool, patio and landscaping also Beach Stairs to access Long Island Sound Owner will install haybales at top of bluff and50' nonturff buffer Location of action: 6255 North Road, Greenport Site acreage: 49,881 sq.ft. Present land use: residential Present zoning classification: R-40 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:Thomas & Andrew Zoitas (b) Mailing address: c/o TMA Contracting Corp.,38-41 10" Street, Long Island City, NY 11101 (c)Telephone number: Area Code (917 )295-6122 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No 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 coastal location, and minimizes dverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes No Not Applicable Construction of pool located 100 feet from top of bluff. Located more than 200 feet from Tie Line on Long Island Sound. Accessory structure is placed at appropriate set back. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable Existing developed site- fully developed area. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes No Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes No Not Applicable The existing house is being constructed 100 feet back from the top of bluff, accessory pool more than 75 feet from top of bluff. The new construction is no closer than adjacent developed properties. Beach Stairs are exempt from LWRP Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No Not Applicable - no discharge permitted Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable The Trustees require haybales during construction-which are already in place during excavation under the existing building permit. Drywells and gutters are also required. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Applicable- no hazardous waist from pool 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 Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes 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. Yes No Not Applicable property is a waterfront parcel with a single family dwelling under construction. Pool, patio and landscaping requested. Beach stairs exempt from LWRP Attach additional sheets if necessary 0 Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable Construction of new dwelling will be done with current environmental regulations. Proper protection of bluff with haybales and protection of water runoff, Bluff face and toe are stable and vegetated. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes 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. Yes No Not Applicable PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax: (631)765-4643 March 12, 2008 Board of Trustees Town of Southold Main Road £ ? PO Box 1179 Southold NY 11971 RE: ZOITAS/KACE LLC PREMISES: 6255 NORTH ROAD, GREENPORT SUM # 1000-40-1-7 Dear Sir or Madam: With reference to the above, enclosed please find an original and two copies of a Wetlands application together with my check in the amount of$250.00 for the filing fee. Please note that we are enclosing two copies of the survey; one showing the proposed pool and one showing the non-turf buffer. Thank you for your consideration in this matter. Very truly yours, Patricia C. Moore PCM/bp C: Mr. Thomas Zoitas PATRICIA C. MOORE Attomey at Law 51020 Main Road Southold,New York 11971 Tel:(631)7654330 Fax:(631)765-4643 March 12, 2008 Resubmitted May 14, 2008 Board of Trustees Town of Southold MAY 15 2006 Main Road Southold NY 11971 RE: ZOITAS/KACE LLC PREMISES: 6255 NORTH ROAD, GREENPORT SCTM: 1000-40-1-7 Dear President King & Board members: With reference to the above, please be advised that we previously delivered to you an original and two copies of a wetlands application together with my check in the amount of$250.00. However, we asked that you put the file on hold until further notice. We are now submitting existing conditions survey and separate plans for a proposed pool and separate plan showing the stairs to the beach and ask that you place this on your next calendar hearing date. Ve.ry-tfufy-yours, Patricia C. Moore PCM/bp encls. C: Mr. Thomas Zoitas i zx� �scsa_t�a� b LL o - _ \4 1000-40-01-07 71708PROPOSED BE�ACN ACCESS �9 A,jkED AqC' cyo92/� .STAIR ZOITAS RESIDENCE' Cr SOUTHOL'D- NY �9 y,0191SO_kQ CHORNO ASSOCIATES architects. � SOLLTHOLD, NEW YORK Q a# 6255 NORTH RD. — h 7 �. �� APPROVEDe� 40ren rNON MECH o r DA RD O F TRU S 1 of VP�O \\2�6 aA pw 4 c �p� OWN OF SOUPIC'. ok _ _. �5 /3 L 9 j ,'O roi i �4 sit / am familiar with ]he STANDARDS FOR APPROVAL. AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES �o�/ j�///7/�� // �n � � and will abide by the conditions set forth therein and on the �/ permit to construct. -DV�welts Ew 9 / 'i�► AO 0 ® Z '4 n Q ROOF RUNOFF R 'L ten« HSE.-2365 sq./1. 6 '91 . O GAR.- 810 sq./1. �Q� . O o +% v Vol 75 . 3175 310./79x 1/ m540 cult. \ 9 y\0 540128.3 /9 VF o PROVIDE 2 L.P.S 6'0 x /0' DEEP + �` Spc ►q to -o As �O I � SURVEY OF PROPERTY A, 0, 4• "� �FEnOEI AT ARSHAMOMOOUE TOWN OF SOUTHOLD D 45 SUFFOLK COUNTY N. Y. ��, ,' STK 1000 - 40 - 01 - 0f SCALE 1" = 40' JAN. 17, 2003 / SEPTIC SYSTEM f6 BEDROOMS) I / March 29, 2005 7ESTHOiLE MAY /8, 2006(gddltions) J -10o0c4L. SEPTIC TAW � \ � July 9 2007 I -LEACHM POOL B'/x19'D£EP � PJ 42 (r evision� WATH( 3'.SAAD COLLAR EXCAVATE \ � NOV. 22 JO0ro7p. (T0�01 A 101 HOLE TO SAM SW BrtorN rM 2 2 a ( k% he& BACKFILL WIN SAM SW CLAYEY MARCH RA, IWM /,•!!r. sun se M4RCFr27. 2008 MISIT�/y I Be I5 �y AL 16, 2008 ( ST 43 p 43 O JULY 29 2008 (rovk1mm) /in�had �adc A AU8 /9 2008 4w/s/onsJ rm,�. 0� O — — SEPT. � 2 DECK d PA oI Z'mns ` o+Eo"d ,232 ' +" R WATER N BROWN&.� EY Y sA1d 3G 1 SEPT. 22 2008 (REVISIONSI /oeosw,l. 5' i 0(� �Q In yE SEPT. .10.09 (nvAslon ` v u `FEB:'ld: 2009 Aev/dais/ ST O WSON� 'rl' ro CROS SECTION I B• H / I �38p i,�0 C it,fit y�' of s F (1—Ytl csond A' p► Pv SEPTIC SYST&W 9 o G o,m s/ fi L % co�loT- COO \ m �e• m yc wa#er AREA = 49,881 sq, ft. or 1.1451 ac. to tie line � f /o sed ��Eo NEVroe 8-3E� N o I '' I, Q CD ANY ALTERATKW OR A=TION TO TNS SURVEY IS A VIOLATION w OF SECT70N 7209 OF THE AEW YORK STATE EDUCATION LAM. EXCEPT AS PER SECTION 7209 - SLWMSXW Z ALL CERTFXATILW8 HEREON ARE VALV FOR TNS MAP AM COPES THEREOF OACY F N. S. L1C. NO. 49 SAV MAP OR COPES BEAR THE NARRESSED SEAL OF THE "VEYOR WHOSE 51"TURE APPEARS HEREOK , ADDITIONALLY TO COALY WITH SAV LAW TERN ••ALTERED BY • ELEVATIONS 4 CpVTOLR LNES (6 - AX (6311 765 - 1797 MUST BE USED BY ANY AM ALL SURVEYORS UTY/71N6 A COPY A✓E RWOEN 'ED TO KB.V,D: P, O. OF•ANO TWA SURVEYORS MAP. TERMS SLCH 'INSPECTED 'AM BROUSHT - TO - DATE 'ARE NOT/N COIFLU1230 TRAVELER STREET SOUNCE WITH THE LAW. 1230 TRA N.Y. 1197/ 02 - 357 PO Box 201 Greenport,NY 11944 Certified Mail L , Return Receipt Requested -- August 6, 2008 I AUG - 7 2008 - Southold Town Board of Trustees AUG Southold Town PO Box 1179 Board of Trustees Southold,NY 11971 RE: Thomas and Andrew Zoitas 1000-40-01-07 Gentlemen: My previous letter(July 7, 2008)focused on the behavior of the clay soil at this location during the four seasons' varied weather. In particular,the effects of hydrologic pressure were emphasized. At the time of that writing the septic system was being dug. As part of my remarks made at the Board's July 23.2008 meeting, I indicated that during a conversation with an excavation worker, I was told that they"lost the hole." Specifically, the hole caved in, crushing the concrete rings within which the digging was being done. That reality is relevant when one wants to dig and maintain a swimming pool in this clay. Here are some questions that are not rhetorical,but which need to be addressed and answered: At the July 23 meeting, landscapers' plans for the pool and patio were submitted. We were told the patio surrounding the pool would be sloped. Sloped in what direction? Where would runoff water go? What are the patio blocks or slabs made of? Is the patio pervious? Where does the backwash water go? Will there be seasonal pumping of the winter cover water? If so,where does that water go? If these issues are not in the Board's 100-foot area of jurisdiction, do the questions and issues get forwarded or shared with the Building Department and/or the Zoning Board? Thank you very much for your attention to these matters. Very truly yours,, , / "" , Ronald W. Surprenant PO Box 201 Greenport,NY 11944 t� i Certified Mail C C� is � U C nn Return Receipt Requested � � PR - 22008 I July 7, 2008 JUL�� Southold Town Board of Trustees Southold Town PO Box 1179 Board of Trustees Southold,NY 11971 RE: Thomas and Andrew Zoitas 100040-01-07 Gentlemen: Having been notified of a public hearing on June 18, 2008 regarding installation of an in- ground pool,patio,and landscaping within 100' from top of the bluff,I am compelled to provide some relevant input. Since I have been informed that this item has been moved to the agenda for July 18, 2008, I wish to provide information ahead of that date. My experiences at 62445 North Road,the lot on the western boundary of the subject property, began more than three decades ago when I purchased"Sunset Bluff'from Mr. E. J. Warner. According to surveyor Roderick Van Tuyl's records,the pavilion and stairs to the beach on my property were built in the late 1800's. Reportedly,it was from this beach that the first surveys of the area were done. As a former geology student and avid beach walker on Long Island Sound beaches from Asharoken to Orient since my arrival to Long Island in 1968,I have noted various topographical features which inhibit or contribute to bluff erosion. The properties on both sides of the Zoitas location consist of a deep (more than 100')clay soil which has attributes that vary with the seasons and the weather. The winter is when the surface is rock hard when frozen or very mushy in the top few inches during a thaw. Moisture accumulates below the surface which increases hydrologic pressure. The spring allows the clay to soften from the top down,and, on the bluff's slopes,visible weeping streams release the built up pressure and run down to the beach depending on the amount and kind of vegetation. I have seen these streams every year from the Sunset Motel eastward to the Clark's Beach property. Heavy rains, continuous rains,can and have acerbated the conditions such that the top edge of a steep bluff slope can then slump down under its water-laden weight. The clay is too plastic to support the edge despite even thick vegetation. Indeed, this occurred on the subject property's eastern boundary with the adjoining property also suffering significant damage. A few hundred feet to the East,a large portion of a lawn,deck,and stairs slumped down requiring extensive repairs. The summer usually finds our properties dry and firm at the surface. Since I personally dug the trenches from the North Road more than 400' into my property to accommodate the electrical and water services,I have an intimate knowledge of the soil composition. Since the time the subject property has had its vegetation and topsoil removed,water and silt runoff has run over its eastern and western property lines since its elevation is somewhat higher than its neighbors. Some runoff was due to rain falling on hard bare ground and some was due to the spoils from digging the septic system. This is still currently happening as the crane bucket deposits the water-laden spoils near my property line. The prospect of an in-ground pool and surrounding patio within the 100' "no build"zone is horrendous. After all,the only indigenous bluff protection the subject property has is the vegetation presently there. I cannot imagine landscapers providing an improved system of plant roots after tearing out the current vegetation. I worry very much about the weight of a large water filled pool near this bluff. Where does the backwashing water go? What about the seasonal pumping of the winter cover water? The surrounding patio surely won't absorb water. All the neighbors along the edge of this sort of bluff depend on each other to responsibly and correctly maintain the bluffs integrity. It is up to each of us to build properly where permitted and to avoid all construction when there are reasonable doubts about its efficacy. I have spoken with and written to Mr. Zoitas on a few occasions. It mostly has been the topic of repairs to my yard and driveway from the incursions made by construction equipment and runoff issues. For your convenience,I have enclosed copies of the emails and letters to date. I sincerely hope that with your experience and expertise that you can advise and direct the safe avenues available to the Zoitas' project so that they may enjoy living on this type of coastline without additional hazards. Very truly yours, 4P.'k Ronald W. Surprenant cc: Building Dept. Edward Forrester, Code Enforcement Director Neighbors: Ms. Dorothy Young, Mr.,Mrs. Michael Foley Mr. Hermes Retzos PO Box 201 Greenport, NY 11944 Certified Mail Return Receipt Requested June 26, 2008 Mr. Thomas Zoitas TMA Renovations Inc. 3841 10`h St. Long Island City,NY 11101-6111 RE: Greenport property construction damage Dear Mr. Zoitas: Yesterday I observed the crane digging a hole which is presumably part of the septic system on the south side of your new house. As the bucket deposited its load of clay and water, a steady stream developed from your yard into my yard and driveway. My lawn and driveway had ankle deep water and clay silt which prevented anyone from walking and mowing in that location. This is yet another incursion onto my property from your construction project. This must be added to the list of repairs to my landscaping. We have previously discussed the need to remedy the ruts in my yard and driveway from the trespassing of the concrete mix truck and other equipment. Enclosed are copies of the emails I sent you on these issues. It is expected that your workers should prevent future runoff occurrences from causing damages and inconveniences on my property. Your prompt attention to all these matters is again requested in a timely fashion. Very truly yours, Ronald W. Surprenam 631-928-21944 Enclosures Windows Live Hotmail Print Message `' vVindoVVs Li Ve- Greenport yard repair From: Rons Beach (ronsbeach@hotmail.com) Sent: Fri 6/20/08 11:10 AM To: tmacontracting@aol.com Dear Mr. Zoitas, I have received a copy of the proposed schedule of services from Coastal Plantings that was faxed to your office earlier this week. As you can see, it lists me as the customer and Jeremy Hamilton as the contractor. I will sign the document as soon as you assure me or Coastal Plantings (631-734-7443) that you will pay for the fees indicated for the repair to my yard and driveway. I would much appreciate your doing this before your departure to Spain. Jeremy Hamilton will be the machine operator and he leaves for Alaska on June 28. As I previously wrote, I had hoped this work would have been completed before the lawn mcwi g season, so your timeliness is very important Thank you for your attention to this matter Ron Surprenant 631-928-2194 Earn cashback on your purchases with Live Search - the search that pays you back! __ar http://by l42w.bayl42.mail.live.com/mail/PrintShell.aspx?type=message&cpids=d488c183... 6/26/2008 Windows Live Hotmail Print Message Page 1 of I Windows Live- yard repair From: Rons Beach (ronsbeach@hotmail.com) Sent: Tue 5/13/08 11:04 AM To: tmacontracting@aol.com Dear Mr. Zoitas, I have been patiently waiting for you to order the repairs to the ruts in my yard. That needs to be done before the lawn mowing season which is now. I remind you that if you intend to use Jeremy Hamilton (Coastal Plantings, Peconic, 734-7443) you need to contact him well in advance to schedule any work. That also includes your anticipated landscaping for the Fall. For any work to be done on my property, I must be notified in advance so that I can personally supervise the work. No one is to work on my property without my presence. I look forward to hearing from you. Ron Surprenant 631-928-2194 Get Free (PRODUCT) RED'm Emoticons, Winks and Display Pics. CI-ec'. it �i-r' i h //b l42w.ba 142.mail.live.com/mail/PrintShell.as x. a=messa a&c ids=204e2eb3... 6/26/2008 ttP� Y Y P `�3'P — S P� _ Windows Live Hotmail Print Message Page 1 of I vvindo%Ns Lr e' Greenport property From: Rons Beach (ronsbeach@hotmail.com) Sent: Thu 4/17/08 7:32 PM To: tmacontracting@aol.com Dear Mr. Zoitas, It was good seeing you and your wife today. I am writing to ensure that there is no misunderstanding regarding fencing. I erected the snow fence along the property line to attempt to prevent wind blown debris from entering my property. In the recent past I have picked up food wrappers and assorted bits and I picked up some today as well. The fence also indicates where vehicles and equipment should not drive or move soil. This afternoon the surveyor placed stakes clearly marking the line. Once your fence is installed I will remove the snow fence. It was also good that you met Robert Hamilton, father of Jeremy Hamilton, the proprietor of Coastal Plantings and Nursery of Peconic (631-734-7443). I am sure you will be interested in discussing your landscaping ideas with an experienced landscape architect. Perhaps he could repair the rut damages caused by the ready mix truck and other equipment during the coming weeks. Yours truly, Ron Surprenant 631-928-2194 Pack up or back up-use SkyDrive to transfer files or keep extra copies. Darn 'ncov. http://by l42w.bay l42.mail.live.com/mail/PrintShell.aspx?type=message&cpids=9592b8d6... 6/26/2008 62615 North Road PO Box 658 Greenport, NY 11944-0658 Tel: 631.477.9772 or 9625 Fax: 63i. �Doarrl o� /vwz /r'cc.S/ecs Qtt� �wrJ• �oo�I Re�c+c•,ce 'r�onias IMIJ Andrew zot�o.s JUL - 8 2008 loon - 40 - 01 — o74, Southold Town /� / /� /- / Board of Trustees n C cJ/OC-Le Xa�e r /,ta12,^� 64 W/ At-� sc Zecr¢s f(�a.y,Y77 QeLs ntr�c h /1csp�rneSS /;n //1ei► /reVwL ho se �eyr on f,`e Jound os tJ AQVC p-�cpJEreenceel 6 tDgSL �3 " r5. y !r� /.(and c tier& �// or mant,l �oncern5 //,..� th//e��,(��.S7A. ,W-ys � ti p G a,n 6 S e�ec t on l h a/l°� 4. /s a- �✓erq �96eaL 4ue r el Slagree /�rf 4 ot..-r .rainv1sc.:VOc. ✓t is Sensct ive C1lo el%ic � c „ze u in Wtnd, Weatke'"` anj we O-ncl t s a'rLicu,xa+'P' senst�ve /o e,rokn� �ale+�' ru.n o _ _ // S,;":e fie ceecer;'t eXcaVCLfLLo�., K�,-I4A(L � o f the ��'�P �+ COKs/4dt—,t vL A0.1c �p6gct�t bK II+e. /2Gt0R[uert/R� p�Ibr/eN`lc` �-i/hqV G eKpe,-�enmeel Qrot.tnd WCtIJJfr• Mn o� clW/U-Clt jel,osrlerl Jsile ;,) t"J �Zr�.�� o�t:,� s�cd ckyj cf e�' �S OCCL .,-.�� on /�,-��a s��e,� oecQ/Sto.tS " /��CLn //fe �itne, ytoctrAC-u.Qa.,'rheeti3 r'XLIL_ "IACs ist cwe �� ej WL tK ,SeJavr.T L eALY3 y�yy�,t,wp' WQi1e"t` YtG.ny CD Is fwrY mlcecvr - SI SI �1, qh,� ,�yp0("405 LL"seen ppGlat-m� a In �� t / er�n n v.q. 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(-reennort, NY 1 19.44-06iS --cl: 031.477.9772 or 9625 Pax:A+J-�- �o2�G c� lOwn rrmst.s, Pease bwelo// wlf� ,fi r knLor.3 ie and ewPerAi o-, /o kee/o Sa�//e fbi3 ,bn�, and in kern Z40oz �jewe�. IfLr, C c4ou h.rr /�Pea3/61"-c) �[a.nc{ /e OOJve-"afrem COnCe:-rn $ /'t0 '=ne, Q.ycJlnlS r'1C yf` L /%lYOuryit /94SC t1Cal"S- UlgC e'NeCa.� , orcf�,` YoW ny . ec �C4'WO'Nr ./err�ri/J�rl/eJafo+p. L�afi Kir fe/rea.ws.� Alcl/Dude* , /lonAa C�� St', Nr/enanl G/y�/ U James F.King,President �-a SDUJyO Town Hall Jill M.Doherty,Vice-President ,`O l� Route 25 P.O. Peggy A. Dickerson SoutholdP.O. Box 1179 �� ,New York 11971-0959 Dave Bergen G Bob Ghosio,Jr. ;4, • O Telephone(631)765-1892 Fax(631)765-6641 �yOOUNTi,N`� r� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0254C Date: September 19, 2007 THIS CERTIFIES that the bluff restoration and replanting At 62615 County Road 48, Greenport, New York Suffolk County Tax Map #40-1-8 Conforms to the application for a Trustees Permit heretofore filed in this office Dated 11/22/05 pursuant to which Trustees Permit#6253E Dated 12/21/05. Was issued, and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the bluff restoration and replantine. The certificate is issued to DOROTHY YOUNG owner of the aforesaid property. )., 0 Authorized Signature e . sou r i t I i f { lssu.a,lj Dat 'tallaill)v ' �y I THIS NOTIC9140W,44 01SPLAYE01 ,11041000G CONSTRUCTION TOWN T "vT OF SOUTHOLD L.: 765-1602 — —_._-._.._--� .- PLANT ICEY \Jp Quant-ty Symbol Scientific Name Common Name Code Name Planting Size �zbss?a`- 371 Ammophila brev'iligulata Cape American beachgrass CAD PLUI ' J ----- c Nom- I, 6 Coreopsis rosea Pink Coreopsis PC I-G'al JAM . 12 �G Dryopleris eryEhrosora Autumn Fern AF I-G'al 12 Aft Gxbting Trees Gx6ting Trees UT Gxisting t A VLP15L0D4LD 18 n, Festuca glauca Dlue Fescue DF I••G'aL WULDCeA\VAY F12 45TAIR.5ANP 710 hydrangea Nikko blue Nikko blue hydrangea JJYN 2430" _ RCVtyLTATG PA*4F-DA2LA.5 43 Lavendula fragrans Lavender LV Kal 0�OF CAPS !—� 250 Rosa rugosa Pink Rugosa Rose RR-P 24al AMEWCAN 12 Santolina chamaecyparissus Santolina SC KaL 6GAC1J e C,RA53 12 Yucca filamentosa 'variegate' Variegated Yucca �/( Cal LUC,S 24 �` Juniperus vlrginiana '!Frey Owl' 4rey 0wL' Gastem Red Cedar CIOJ 30' _ 21 Ak Juniperus virginiana Gastem Red Cedar JV 7$' o = PIAN D PULL ALL \VEEDS AROUND I ! Awn/qR 9:RATGIE» 24dNGAGC EX15T1 NCE BUFFER (AVEC 9NLfKGw1�H r ZONE PLANTI NC'SE I' Tn �S1i. 2^NIpN- .I RxIrRTEK-ATs S4r14 nKPT,4 AT AS APPLY ROUNDUP BY l J "I SPRAYING AND �U;N�PTEnTG HosWf-nAw �RQElm�n:Twqaaa"reAv � 113 sNo ` eW+PL...iWq r{t MSc I' nR/TN •� DABBING', TflLN MULCd AMS•14lV SiRT LRSK / -... .•. \ ral� AWrAlL . a0 r%,,m 'PLANn�G eE N E.wi TREES TO BE CUT VIGu4cf- - DOWN. LE-AVL 55VOL NONTUIZF NATIVE ' ,� wl=as w nl eLv R� �Nr STUMPS. AND TREAT eciEK 2oer.�a � mTs l- K��r. ill x^ ,.1�IL6 of A M1 1v,.GH 1 I-IWNb 6a�. 4�Llb"_ BUFFER \VITLI NATIVEN ws nr �.� �`K'"�'=`-"`"""" \VITI..I ROUNDUP dARD\VOOD MULCd 2-3" DE EP ` I 'Inrn"cu'�'v.rLor gFq'ION 4• r rcat LlzcK i — -- cw3TIN TRG-G.5 L� I ��•j I NOT TOJCALL „- i RG A�OJR ONG DI SLA.SL.D\VILA carte iT l ue.a / /( CU RRY nv ' PICAL CONIEER PLANTINC nu<” FI s EDGRADEW11H W V GRADEED BACK FILL WITH E%IBTING SO L RLMOVL..ONLa �j��^ /� r . 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