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Home My WebLink About6315 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailin~ Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1509 Fax (631) 76S-9064 MEMO TO: Elizabeth A. Neville, Town Clerk FROM: Gerard P. Goehringer, Chairman DATE: July 6, 2009 SUBJECT: Request for Refund of Fee & Withdraw ZBA # 6315 by Tenedios, Steve & Olga. A partial refund ($ 300.00 ) of the June 17, 2009 fee for filing and processing of the above application is recommended. Copies of the applicant's letter to withdraw the application is attached, together with a copy of the original receipt of payment. Ifa refund is granted and issued, please note in the receipt records that the application is void and no other processing to reactivate the file may follow. A check may be forwarded to: Patricia C. Moore 51020 Main Road Southold, NY 11971 Thank you, Gerard P. Goehringer Chairman Lk Encs. Cc: Accounting Department (w/encs.) 05/29/2009 12:53 FAX 631 765 4643 MOORE LAW OFFICES ~ ZBA ~001 PATRIClA C. MOORE Attorney at Law 51020 Main Road $outhold, New Yon~ 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 1197i STEVE & OLGA ?EN~DIOS ~ROPERTY ADDRESS: 17327 MAIN ROAD, EAST MARION SCTM: 1000-23-1-14.10 Dear Chairman and Board: With reference to the application recently filed regarding the variance requested to move the proposed house landward, please be advise that my client,s have decided to wit-hdraw this application and continue with the building permit already issued. I~e thank you and your board for your consideration and ask that your consider a new application to be filed for accessory structures. I understand that $300 of the $400 filing fee already paid will be refunded to us. Thank you. c: Mr. ' & Mrs. Tenedios P~atr~truly yours, Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 06/18/09 * * * RECEIPT * * * Receipt~: 51961 Transaction(s): 1 1 Application Fees Reference Subtotal 6315 $400.00 Check#: 7880 Total Paid: $400.00 Name: Moore, Patricia 51020 Main Rd Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6315 06-I0-09;16:1~ ; 97654643 # I/ FORM NO. 3 , NOTICE OF DISAPPROVAL TO: Pa~cjaMoore For:Steve & OlffaT~edios 51020M~n Rd. Southold, NYl1971. DATE: Ju0e 10, 2009 JUN ~ ] 2999 Please take notice that your application dated June 9, 2009: 'For permit to construct a. new sinele family dwelling at: Location of property: .17327 Main Rd., East Mm-ion, NY County Tax Map No. 1000 - Section 23 Block '1 Lot 14.10 IS retrained h.erewith and disapproved on the following grotmds: The proposed construction ora new sinale family dwelling~ on a non--confon~ing 77~284 square tbot lot in the Residential R-80 District is.not permitledpursnant to Article X,X~'II Section 280-124, non-col~forming Iota, m_easurina 60;000 to. 79.999 sauare feet'in total ~ize, require a minimum front yard setback of 55 feet. the ~rooosed dwelling is shown at 31 feet from a legal tight'of way.. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: tile, Z.B.A. House No. 17327 Street Main Road SCTM 1000Section 23 Block~l Lot(s) 14.10 Hamlet East Marion Lot Size 77,284 sq.ft. Zone R-80 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED June &~, 2009 BASED ON MAP June 9a, 2009 Applicant(s)/Owner(s): Steve & Olga Tenedios Mailing Address: 17327 Main Road~ East Marion NY Telephone: 1-917-796-7920 Fax #: Email: pcmoorel(~optonline.net NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax#: 765-4643 for(X)Owner, or ( )Other: _ Email: pcmoorel(&~optonline, net Please check box to specify who yon wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or E Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED June 9th 2009and DENIED AN APPLICATION DATED June 9th, 2009 FOR: E Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction [~Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) 1. Article XXIII Section 280- 124 front yard setback 31' from ROW on filed map Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal has, E has not been made at any time with respect to this property, UNDER Appeal No. Yea r_ (Please be sure to research before completing this question or call our of. rice for assistance.) Name of Owner: Steve & Olga Tenedios ZBA File # REASONS FOR APPEAL {additional sheets mat, be used with preparer~s signattl~ ~ i ~: i '~ AREA VARIANCE REASONS: ; '~ ~-~ F~'~ (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The applicant has a building permit and has all the contractors ready to start construction of the house. If this appeal can be considered expeditiously, the applicant would prefer to move the house landward of the approved location of the house. The subject parcel is Lot 6 on a filed subdivision map of Brionngloid-by-the-sea at East Marion approved by the Southold Planning Board on July 17, 1978. Lot 6 has access to the Main Road over a right-of-way between Lot 4 and Lot 5, however, the map shows a right-of-way which is unimproved and leads to the adjacent land owned by the State of New York which is a parking area for the East Marion Long Island Sound beach. The purpose of the right-of-way is not defined and it's use is limited. The right-of-way could not be made into an access to the State Land without consent by the State of New York. The applicant has a building permit to start construction of this house closer to the beach and 60 feet from the right-of-way, however, they would like to be further back from the beach. The house can not be set back from the long Island Sound without violation of the front yard setback from the right-of-way. The proposed plan which places the house away from the Long Island Sound is generally recommended as environmentally better. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: We tried to negotiate with the owner of Lot 4 and Lot 5, Mr. Stankowich to define the right-of-way for "pedestrian use". He rejected this request. Since the right-of-way appears on a filed map we must treat the right-of-way as a "front yard" regardless of the actual use of the right-of-way. The right-of-way is not improved and does not provide vehicular access to the adjacent parcel. (3) The amount of relief requested is not substantial because: The setback is from a "dead end" right-of-way. The applicant uses this right-of-way from the proposed house to the Main Road and not to the east. The right-of-way contains a boulder as it turns to the cast which practically blocks the access to the east. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The movement of the house toward the right-of-way is an environmental benefit. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No Are there Covenants and Restrictions concerning this land: No. XYes (please furnish coov). Private C&R's state: "no dwelling shah be erected or placed within 65feet from any front lot line, except that the front lot lines setback requirement shall be side street lines". When this subdivision was approved this lot was zoned l acre (40, OOO) min side yard 15', now r-80 side yard setback rain is 20' This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Sworn to before me this day of.~'~4n~", 20 O Si~t4trt~f Appellant or Authorized Agent (Agent must submit written Authorization from Owner) MARGARET C. RUTKOWSK~ Notary Public, State of New York No. 4982528 Qualified in Suffolk Cour~f Commission Expires June 3, ;2, 011 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Steve & Olga Tenedios Date Prepared: June 10, 2009 I. For Demolition of Existing Building Areas Please describe areas being removed: existing house demolished II. New Construction Areas (New Dwelling or New Additions/Extensions): have building permit for new house without variances closer to Long Island Sound. Request is to locate proposed house landward of Long Island Sound which requires variance from front yard setback to mapped right-of-way Dimensions of first floor extension: east-west:88' x north-south 72' ( includes porches, decks & ~ara~e) Dimensions of new second floor east-west:88' x north-south 72' ( includes porches, decks & Dimensions of floor above second level: none- 2 story Height (from finished ground to top of ridge): to code Is basement or lowest floor area being constructed crawl space If yes, please provide height (above ground) measured from natural existing grade to first floor: approx. 3' III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: new house Number of Floors and General Characteristics BEFORE Alterations: 2 stories Number of Floors and Changes WITH Alterations: n/a IV. Calculations of building areas and lot coverage (from surveyor): 12.3% Proposed increase of building coverage: n/a Square footage of your lot:__52,116 sq.ft. Percentage of coverage of your lot by building area: 12.3% V. Purpose of New Construction Requested: new house landward of issued building, nermit VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): relatively flat Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 2/2005; 1/2006 OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Steve & Olga Tenedios 1000-23-1-14.10 Is the subject premises listed on the real estate market for sale? [] Yes E No Are there any proposals to change or alter land contours? E No [] Yes, please explain on attached sheet. l) Are there areas that contain sand or wetland grasses? Long Island Sound 2) Are these areas shown on the map submitted with this application? yes 3) Is the property bulkheaded between the wetlands area and the upland building area? no 4) If your propen, y contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? submitted Please confirm status of your inquiry or application with the Trustees: approved and if issued, please attach copies &permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? we have a building permit If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? no the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel existing dwelling demolished- building permit for new house issued closer to Long Island Sound and proposed use same but landward (closer to right-of-way) ~(examp!es;.~existing: single-family; proposed: same with garage or pool, or other description.) ~zed Signature and Date 2/05; 1/07 PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT / SPONSOR 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) SEQR 3.PROJECT LOCATION: ] "~ ?~-7 tF~.I. 1¢~'] ~ Municipality ~- 'l~r~3L~ ~ ( '~ ~'~ PRECISE LOCATION: S~reeI Addess and Road Intersections. Prominent landmarks etc -or provide ma~ 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification / alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially I, ~' acres UI6mately ~ 'o ~" acres 8. W1LL PROPOSED ACTION COMPLY VVITH EXISTING ZONING OR OTHER RESTRICTIONS? 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ~]Residenlial ~]lndustrial [~]Commercia, F~Agriculture []Park/Forest/OpenSpace []Other(describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ~:/~Yes E~No If yes. list agency name and permit / approvak ~ m'(.-~ 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~Yes ~No If yes. Iisi agency.name Applicant / Sponsor If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART 11 - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD N 6 NYCRR, PART 617.47 If yes, coordinate the review process and use ~he FULL EAF. 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. 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 qua y or guan/ity, noise levels, existing traffic pattern, solid waste production or disposal, potenfial for erosion, drainage or flooding problems? Explain bdefly: C2. Aesthetmc, agrmcultural, arch_~e010g,ca)' hlstorlc, or other natural o[ ~gural resou!~e~! or Jommunity or neighborhood character? Explain bdefl'y: C3. Vegetation or fauna, fish. shellfish or wildlife spedos, significant habitats, or throataned or endangered species? fixptain briefly: C4. ' ' ' : : community s eXlshng plans or goals as officially adopted or a change ~n use or n ensriy of use of land or other nataral resources? Explain briefly C5, Growth[F_ subsequent development or related actwdJes I~kely to be ~nduced by the proposed acbon? Explain briefly C6. Longterm, shortterm c~mutafive, or o[i~er effects not id~tifled in Cl_CS? Expl~inbdefly: ,, ,I C7.i _ _' ~ ! iiiiii~i)(il)ii~ii~"~'~r.~Ci~-i~l ~er impacts (inclu~!~ changes in use .... ;i D. 'WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEAI? (If ~/es, exL~tain bdefl~(: E. IS THERE, OR IS THERE L KELY TO BE CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If },es exp. ain: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectiden~i~edab~ve'determinewhetheritissubstant~a~~iarge~imp~r~ant~r~therwisesigni~cant~ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability oi' 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 potentialimpact of the proposed action on the environmental characteristics of/he 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 FULL 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 acfior determinationWlLL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessa~/, Ihe reasons suppoding this Name of Lead Agency Date Title of Responsible Officer Signature of Preparer (If different from responsible officer) Pdnt or Type Name et Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency ,,J~,, ~Ln IU~NNER, CONTRACT VENDEE AND A~II~NT: The T°wn °f S°uth°ld's Code of Ethics prohibits conflicts of interest on the atto and .e. mployees The purpose of this form is to - ' ~ -' P fTown officers ' provme ~nronnauon, which can alert the Town of posable conflicts of interest and allow it to take wh, atever action is necessary to avoid same. (Las~name, firsi name, m/d~ init~ ...... s you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *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? "~ include~s by bl~ood,~e, or business i_nterest: "Bus~i. ness interest" means a bu~s.ness~b_includin~ a ap_~_ership, in~wwhich the Town officer or e,a lap~92~¢ has even a partial~ ~ ent b a co oration m whtch the Town officer or em 1o ee owns more than 5~ YES NO If you answered "YES'5 complete the balance of this form and date attd sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Descr/be that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space prov/ded. The Town officer or employee or his or her, spouse, sibling, parent, or ch/Id 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 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, Use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural districa All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Pianning in accordance with sections 239- m and 239-n of the General Municipal Law. 1)Name of Applicant: ~ q{ /~t~'~ ~/'t~tS~c~9-~ 2) Address of Applicant: / 7327 /99c~[h~/r/Oart. /~--~a £ P 179r7 F/t94 3) Name of Land OWner (if other than applicant): $cc-rs~e 4) Address of Land Owner: 5) Description of Proposed Project: t/(2~gcz4~-4Le ea~9..~ .//'/-~d,t r2 ~ ~/~ ~g/~ 6) Location ofProperty(road andtax map number): J~)L~t9 - ~-3 "I -/~/- /O 7) Is the parcel within an agricultural district? ~No [] Yes If yes, Agricultural District Number 8) Is this parcel actively farmed? ~No []Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers~ obtained, in advance, when requested from the 1938 or~7:rrfi~g ~d of Appeals at 765-1809. Office of the Planning Board at 765- Signature of Applicant Date -- Note: 1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners identified above. The cost for mailing shalI be paid by the applicant at the time the application is submitied for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 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. 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). 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 Construction of House 135 feet from Long Island Sound SCTM# 1000-23-1-14.10 AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Zoning Board of Appeals El_ 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: [] Type: __ Town of Southold LWRP Consistency Assessment Form Nature and extent of action: Construction of House closer to dead end right-of-way in order to move house away from Long Island Sound Location of action: 17327 Main Road, East Marion Site acreage: 77,284 sq.ft. Present land use: existing residence demolished new dwelling proposed at more than 100 feet from Long Island Sound Present zoning classification: r-80 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: Steve & Olga Tenedios (b) Mailing address: c/o Patricia C.Moore (c) Telephone number: (631)765-4330 (c/o Pat Moore) (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 ora coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): Project is located on Long Island Sound The subject property was improved by an existing single family dwelling which was demolished and new house proposed. Owner has a building permit and regulatory permits to construct house but owner wishes to push house further landward, away from the Long Island Soun& which necessitates a front yard variance from a mapped right-of-way. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6for evaluation criteria Yes [] No [3 Not Applicable [] Town of Southold LWRP Consistency Assessment Form 2 Discussion (if appropriate): The subject property is consistent with LWRP as it is located more than 100 feet from Long Island Sound. The site was formerly developed with a single family dwelling. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III- Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate) The proposed location of the new building is more than 100 feet from the Long Island Sound. 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 I6 for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): consistent with this policy- applicant needs a variance to move further landward. Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section II1 - Policies Pages ] 6 through 21 for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): no impact on water quality- residential use 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 32for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): Island Sound. Proposed construction is more than 100 feet from Long Policy 7. Protect and improve air quality in the Town of Southold. See L WRP Section III - Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): No impact on air quality Town of Southold LWKP Consistency Assessment Form 3 Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LICRP Section III -Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no hazardous waste on site. 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 L WRP Section III - Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): The public access to the Long Island Sound is on the adiacent Town/State beach and boat access. 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 56for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): Single family dwelling will not affect water dependent uses 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 62for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): more than 100 feet from Long Island Sound Policy 12. Protect agricultural lands in the Town of Southold. See L ~VRP Section II1 - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no agriculture is conducted on the land, lot 6 on a Planning Board approved subdivision Town of Southold LWRP Consistency Assessment Form 4 Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section Ill - Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): All construction will comply with applicable energy codes *copy of Town form created on 2/11/06 Town of Southold LWP,.P Consistency Assessment Form 5 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Attn: Gerard Goehringer, Chairman Zoning Board of Appeals Main Road Southold NY 11971 June 11, 2009 RE: VARIANCE APPLICATION - STEVEN & OLGA TENEDIOS PREMISES: 17327 MAIN ROAD, EAST MARION SCTM: 1000-23-1-14.10 Dear Mr. Goehringer: With reference to the above, enclosed please find 8 sets of the following: 1. Current Notice of Disapproval with Building Permit. 2. Application with authorization. 3. Existing conditions survey dated 6/9//09. 3. Building Diagrams 4. Photographs of existing conditions are on the architect site plan 5. Project description, questionnaire form, transactional disclosure 6. Town property card 7. LWRP form 8. Environmental Assessment form 9. Copy of C & R's. 10. Copies of existing Trustees permits, DEC permits 11. My escrow check payable to the Town of Southold for the filing fee I am enclosing for your file an original of the Agricultural Data Statement which is in applicable in this matter Please place this on your earliest available calendar. Thank you and if you should have any questions, please give me a call. ly yours, Patricia C. Moore PCM/~I~2 encls~... £AST MARION. N£W YORK j~j~ GOVENAN'I'~ AND RF-~TRI~I'i~ m~d desilnated .~.~ re.~*dei~tiel plots. Z. No structure shall bc erected, altered, pl~c~d to rcn~ia on ~.~ tot o~er ~an one detach~ siatle-/&mtl~ ~st co~orm itl architectural exterior deoign wi~ ~e of less ~n one ~ous~ad ~o hu~r~ ~h~ve si ~e- s~ry open ~rches ~ or ~itt~ to r~ain o. ~ny lot. · i. No dw~lhns shall be erected or {&S*J feet of any froat lot has, except that the shall be side street lines and side lot hnee ~l~ be ~ ~f~tiv~ ~ing ordinance of ~e town Of ~U~ 5. ~ am~als livestock or ~ultry of btm or ~i~in~ on Iny lot, exce~ for doll. cats. or ~ ~ded ~ey ars ~t r~sed, br~. or mai~iinnd lot &~ 6. NO lot shall be used or rubbish, trash, or snrblge. All ~bbish. trl~ or ~ and in ~e r*~r of the premises, ?, No building, well pier or &ny other ~r~cted~ altered, or ~ ~to any lot, ~r uha~ any ~ ~flt~ ~ ny lot be ~ne, wifl~out ~s prior wfl~M his b rl, so M. No m~(l. h~o. ~ bo 9. 1~o clothesti~ or otimer auc{~ tO. No ,Gore than fi/ty tS0) pe -c t 0( the O~ · lot ma ~ i,~ ret.,~ved ~ith~t ~e prior his hei~s ~-,~ 1~. Ii ,any lot ow.~er, his heirs or ~ss/gn·, ~h&il attem~ to v,.late any o~ the coven&uts herei~ it shall b4 ~er pers~', ur persons ownl~ ~ny r~l prope~ ~l~ ~ pros~cut,' ~y p~cee~s at law. or in e~it~ ~i~ o~ ~n~ ~ violate ~y, ~ch cov~nt to prev~ k~ ~ or to ~ver d~aae~ or ~e~ r~ief f~r ~ { 3. Invalidation of any of thn·e court order shall in no way affect any of the other remain in full force and effect. 14. These covenants are to runwith th~ lo~l~ 0hail binding ,~pon all parties·nd alt persons cllimin8 under ~ ~ ~e~y-five (~5) years from ~e date ~ese cov~ whirl flee said covenants shall ba d~4m~ ~ &e ~id map, James F. King, P~esident Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765~6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 20,2009 Mr. Mark Schwartz P.O. Box 933 Cutchogue, NY 11935 RE: STEVEN TENEDIOS 17327 MAIN RD., EAST MARION SCTM#23-1-14.1 Dear Mr. Schwartz: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., May 20, 2009: RESOLVED, that the Southold Town Board of Trustees APPROVES the site plan prepared by Mark Schwartz dated May 20, 2009 depicting a revised building footprint for the proposed single-family dwelling. This is not a determination from any other agency. Very truly yours, James . K~ing, Presiden.,~ Board of Trustees JFK:lms Dear M The foil Meetin.c RESOL Permit and as 19, 200 This is SJncer~ Jame~ Board JFK:Im LAND OF ' OF NE\THE STATE W. YORK 2 STY. FRM GARAGE 9' ' .' p~BVrQUS SqlCN~" APPROVED BOARD OF TRUSTEES TOWN OF SOUT' ::.; DATE. ~-'% / ~_07 j Office Location: Town Annex/First Fl~or, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809 Fax (631) 765-9064 June 17, 2009 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788~0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6315 Action Requested: Within 500 feet of: Owner/Applicant: TENEDIOS Additions/Alterations ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District If ~iny other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman FORM'NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 34702 Z Date MAY 21, 2009 Permission is hereby granted to: for : S & O TENEDIOS P O BOX 1196 SOUTHOLD,NY 11971 DEMOLITION OF AN EXISTING DWELLING & CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING WITH GARAGE & WRAP AROUND PORCH PER TRUSTEES/DEC & FEMA COMPL. at premises located at 17327 County Tax Map No. 473889 Section 023 pursuant to application dated MAY Building Inspector to expire on NOVEMBER MAIN RD EM/ORIENT Block 0001 Lot No. 014.010 1, 2009 and approved by the 21, 2010. Fee $ 3~340.40 Authorized Signature ORIGINAL Rev. 5/8/02 SUFFOLK COUNTY TAX MAP No.: 1000-23-1-14.1 4,3 % 0 3% 25 CU, YD, 45 CU. YD, 2,6 % 305 CU YD 460 CU YD 1,0% COMPACTED FLLLED PATIO (CONCRETE WALL) EXCAVATE FOR FOUNDATION + FILL AB TO LEVEL GROUND AREA 0,2% 15 CU. YD, +/- '0UETLANDS: 25167,6 SQ. FT. TOTAL LOT ~UITH VJETLANDS: 52116.4 SQ. FT LOT COVERAGE NC. ~,~ETLAND$: 12,3 DEC PHOTOS MAP LEGEND PHOTO E PHOTO A PHOTO F pHOTO R PHOTO G PHOTO H PHOTO C pHOTO D SITE PREPERATtON, 0, EXCAVATION MUST NOT BEGIN UNTIL THE LOCATIONS OF UNDERGROUND WIRES, CABLE5 AND PIPE5 HAVE BEEN MARKED OR UNTIL VERIFICATION FROM UTILITY COMPANIES THAT THE AREA IS CLEAR, 7) OVER DIG FOUNDATION HOLE5 TO GIVE PLENTY OF ROOM FOR A WELL- D~AINJNG BACK FILL AND TO FROVIDE ROOM FOR. ALL WORK, F~OOPOSED WELL (VACANT) L O N s o u N D ~m~'&~ ~ o U N D ~rlE LINE ALONG APPARENT HIGH WATER) EDGE WOODS )USE FL( BARRIER 1 '/-16-91 __ FLOOD ZONE VE 15 150' FROM SEPTIC PORCH 25' WIDE R,O.W. PER FILl BEACF ~ARCEL PER ED MAP m 25' WIDE R.O.W. PER FILED MAP S 56°27'30" W 300.354' SITE PLAN SCALE: 1" = 20'-0' (VACANT) NOTE. SOIL CONDITIONS REQUIRE EXCAVATION OF CLAY AND SILT TO BE BACKFILLED WITH CLEAN SAND FOR SANITARY SYSTEM LAND OF THE STATE OF NEW YORK NOTE SOIL CONDITIONS REQUIRE EXCAVATION OF CLAY AND SILT TO BE BACKFILLED W~TH CLEAN SAND FOR SANITARY SYSTEM, EAST ELEVATION NORTH ELEVATIO~ ~ ~ ~c.~: ~,..: ~. o.. ~ ~. II II WEST ELEVATION It rJUN 11 2009 .f:~IRVET OF LOT MAP OF ~RIONN®LOID BY THE SEA FII I=~ AUC.M~T 22, Flit= No. ~111 ~ITUATE; P_.AST HARION TOHN: 50U'THOLD SUFFOLK ~TT, NY .5~RVE'fEI2: JULY q, 200/5 SUFFOLK. 6OUN'D' TAX # IOO(2 - 2~ - I - 1.4.1 STEVE TENED]OS OLGA TENEDIO$ SOUTH BAY A~$TRAC~', me ~S~ CO~ON I LONG ISLAND SOUND 245.26' LOT 4 JOHN C. EHLERS LAND S~RVEYO..R/ 6 EAST MAIN STREET .Y.S. LIC. NO.~L~_~ RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\\Compaqserver\pros\08\08-168.pro ~'nl-' Lg.q--. LOT NOTE-~, PIPE POUND C, OA~TAL BAt:~.IER ZONE ELD/ATION~ REFERI::-NGF N6VD'2q AREA = 'H.264 5F OR I.T'/ AC, RE~ ®RAPHIC 5GALE I": 40' ELL ('VACANT) ~USE 25' WIDE R.O.W. PER FILED MAP S 56°27'30" W 300.354' SITE PLAN SCALE: 1" = 20'-0' 2 STY. FRM. GARAGE (VACANT) LON~ ISLAND SOu '"~' ,,, ND SITE PLAN SCALE: I" = 50'-0' / $CTM # I000-23-1-14.1 Steven & Olga Tenedios June 10, 2009 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: We, Steven Tenedios and Olga Tenedios, hereby authorize you to make any and all applications and appear on my behalf to the Southold Town Zoning Board of Appeals, Sotuhold Town Board of Trustees, New York State DEC and any other necessary agencies on my behalf regarding property located at17327 Main Road, East Marion, New York (sctm: 1000-23-1- 14.10) ~ STEVEN" rENEDIOS OLGA TENEDIOS PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 June t0, 2009 RE: Steve & Olga Tenedios PROPERTY ADDRESS:17327 Main Road, SCTM: 1000-23-1-14.10 East Marion Dear Chairman and Board: My client has a building permit to start construction at the above referenced property. After review of the proposed location of the house on the site, my client feels strongly that the house should be located further away from the Long Island Sound. However, in order to move the house away from the water they must be closer to the mapped right-of-way. The right-of-way was placed on a filed map, serves only three parcels and my client's lot is the third parcel on the end of the right-of-way. Our technical front yard setbacks is from the unimproved right-of- way. The owners want to push the house landward but they have a building permit and the contractors were scheduled to start construction this week. We were told that a June hearing was impossible. If this application could be scheduled for July meeting then they can ask the contractors to wait one month, however, in fairness to the scheduled workers, the owners can not ask them to wait if this application pushes into the summer. Thank you. cc: Mr. & Mrs. Tenedios Patricia C. Moore · TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ., 20 Approved ,20 Disapproved a/c Expiration ,20__ JUN 9 BLDG. DE~. TOWN OF SOUTHOLD a. I ms application iviUS? b~ u PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey_ Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Building Inspector Phone: kPPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,20 o? ~mpletely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance &Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required, APPLICATION IS HEREBY MADE to the Building Deparanent for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ~nam~~"-~c or name,~ · if co oration ant a rp ) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremxses C~'~u~'. ~;(f~.~ ~..~c~gX (/e~ on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Traders License No. 1. Location of land on which, pro. gosed .work will House Number Street County Tax Map No. 1000 Section Subdivision be done: Hamlet Block / Lot Filed Map No. ~,~a~ ^',q~a 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost State existing use and occupancy of premises and intend,ed use and occupancy ofpronosed construction: a. Existing useandoccupancy _/~.~/o/~ ~ /-'a ~¢'¢'~c/~ff' b. Intended use and occupancy ~.fi4' ff~/~ /r~,~t~/r_~.o/ ~ ~lA~'/a,d~ - ! X Addition Alteration Other Work (Description) Fee 5. If dwelling, number of dwelling units If garage, number of cars (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front Depth Height Number of Stbri~s 8. Dimensions of entire new construction: Front Height Number of Stories 9. Size of lot: Front Rear Rear ~ Depth Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES __ NO __Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO · IF YES, PROVIDE A COPY. STATE OF NEW YORK) COUNTY OF~:/~e. P?-z4~ /r /,//tf~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the ~.~ , Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Swo~n to before me this. dayof ~JL~.~..~ / - Signature of Applicant James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town H~l 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 October 15, 2008 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Mark K. Schwartz, AIA P.O. Box 933 Cutchogue, NY 11935 RE: STEVEN & OLGA TENEDIOS 17327 MAIN ROAD, EAST MARION SCTM# 23-1-14.1 Dear Mr. Schwartz: The Board of Town Trustees took the following action dudng its regular meeting held on Wednesday, October 15, 2008 regarding the above matter: WHEREAS, Mark K. Schwartz, AIA, on behalf of STEVEN & OLGA TENEDIOS 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 September 23, 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 recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 4 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: a line of staked hay bales and silt fencing installed pdor to construction, the dwelling is to be moved back 3' to place it outside the jurisdiction of the Board of Trustees, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on October 15, 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, 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 for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of STEVEN & OLGA TENEDIOS to demolish the existing structures on the property and construct a new dwelling and detached garage, with the conditions of a line of staked hay bales and silt fencing installed pdor to construction, the dwelling is to be moved back 3' to place it outside the jurisdiction of the Board of Trustees, and as depicted on the site plan prepared by Mark K. Schwartz, AIA, last dated October 17, 2008, and received on October 17, 2008. 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 ~nspection. (See attached schedule.) Fees: $100.00 Very truly yours, Dohert ~/ice President, Board of Trustees JMD/eac BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6973 DATE: OCTOBER 15~ 2008 ISSUED TO: STEVEN & OLGA TENEDIOS PROPERTY ADDRESS: 17327 MAIN ROAD~ EAST MARION SCTM# 23-1-14.1 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 October 15 2008, and in consideration of applicatinn fee in the sum of $250.00 paid by Steven & Olga Tenedios 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 demolish the existing structures on the property and construct a new dwelling and detached garage, with the conditions of a line of staked hay bales and silt fencing installed prior to construction, the dwelling is to be moved back 3' to place it outside the jurisdiction of the Board of Trustees, and as depicted on the site plan prepared by Mark K. Schwartz, AIA, last dated October 17, 2008, and received on October 17, 2008. 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. Jame~ng - Absent TERMS AND CONDITIONS The Permittee Steven & Olga Tenedios, residing at 690 North Sea Drive, Southold, New York as part of the consideration for the issuance of the Perrrdt does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released fi.om any and all damages, or claims for damages, of suits arising directly or indirectly as a msuit 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. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 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. 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. That the said Board will be notified by the Permittee of the completion of the work authorized. 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 Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 April 22, 2009 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Mark Schwartz, AIA P.O. Box 933 Cutchogue, NY 11935 RE: STEVEN TENEDIOS 17327 MAIN RD., EAST MARION SCTM#23,1-14.1 Dear Mr. Schwartz: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., April 22, 2009: RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Permit fl6973 to reduce the house footprint and shift the house location 36' to the south, and as depicted on the site plan prepared by Mark K. Schwartz, AIA last dated March 19, 2009. This is not a determination from any other agency. Sincerely, Jam F~. K~n~, Presido~ Board of Trustees JFK:lms N~ew York State Departmen'[~f Environmental Conservation Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 Phone: (631) 444-0365 · FAX: (631) 444-0360 Website: www.dec.state.ny.us January 15, 2009 Steven & Olga Tenedios PO Box 1196 Southold, NY 11965 Re: Permit #1-4738-02846/00003 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please Contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected firom the weather. CC: Sincerely, Mark Carrara Mark Schwartz, Architect BMHP file Deputy Permit Administrator DEC PERMIT NUMBER 1-4738-02846/00003 FACILITY/PROGR. Alvl NLrMBER(S) NEW YORK STAT~PARTMENT OF ENVIRONMENTAL CONSERVAO EFFECTIVE DATE Janua~ 15, 2009 EXPIRATION DATE(S) PERMIT Under the Environmental Conservation Law January 14, 2014 TYPE OF PERMIT · New [] Renewal [] Modification rq Permit to Construct [] Permit to Operate [] Article 15, Title 5: Protection of Waters [] 'Article 15, Title 15: Water Supply [] Article 15, Title 15: Water Transport [] Article I5, Title 15: Long Island Wells [] Article 15, Title 27: Wild, Scenic and Recreational Rivers [] 6NYCRR 608: Water Quality Cmifica- tion [] Article 17, Titles 7, 8: SPDES [J Article 19: Air Pollution Control [] Article 23, Title 27: Mined Land Reclamation [] Article 24: Freshwater Wetlands · Article 25: Tidal Wetlands [] Article 27, Title 7; 6NYCRR 360: Solid Waste Management [] Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management [] Article 34: Coastal Erosion Management 12 Article 36: Floodplain Management [] Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO TELEPHONE NUMBER Steven & Olga Tenedios ADDRESS OF PERMITTEE PO Box 1196, Southold, NY 11965 CONTACT PERSON FOR PERMITTED WORK Mark Schwartz, Architect, PO Box 933, Cutchogue, NY 11935 NAME AND ADDRESS OF PR0$ECT/FACILITY Tenedios Property, 17327 Main Road (Route 25), East Marion COUNTY [ TOWN I WETLAND# Suffolk Southold Lunl~ Island Sound DESCRIPTION OF AUTHORIZED ACTIVITY: ITELEPHONE NUMBER 631-734-4185 NYTM COORDINATES E: N: Demolish existing structures; construct a new dwelling, garage, porch, decks, and pervious driveway; and install new septic system. All work shall be done in accordance with the attached plans stamped NYSDEC approved on January 15, 2009. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this ~ermit. DEPUTY PERMIT ADMINISTRATOR: Mark Can'ara ADDRESS Region 1 Headquarters, SUNY ~ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 AUTHORIZED SIGNATURE DATE January 15, 2009 Page 1 of 4 NEW YOKK STA EPARTMENT OF ENVIRONMENTAL CONSERVATION 1. During construction, concrete or leachate shall not escape or be discharged, nor shall washings from transit mix trucks, mixers, or other devices enter tidal wetlands and/or protected buffer areas. 2. Any debris or excess material from construction of this project shall be completely rem°ved fr°m the adjacent area and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands or protected buffer areas. 3. All areas of soil disturbance resulting fr°m the appr°ved pr°j eot shall be stabilized with appr°priate vegetati°n (grasses, etc.) immediately following project completion or prior to permit expiration, whichever c°mes first' Ifthe project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor germination. 4. If seeding is impracticable due t° the time °f year' a temp°rary mulch shall be applied and final seeding perf°rmed at the earliest opportunity when weather favors germination and grox~th, but not more than six months atler project completion. 5. A row of staked haybales or °ther appr°ved er°si°n c°ntr°l devices shall be placed as per the NYSDEC appr°ved plan, prior to commencement of any regulated activities and remain in place and in good, functional condition until thc project is completed and all disturbed areas are stabilized with vegetation. 6. Sanitary systems (bottom of the tank and leaching pools) shall be located a minimum °f 2' ab°ve seas°hal high groundwater.. 8. To protect the values of the tidal wetlands, a 50' wide permanent vegetated buffer z°ne shall be established' There shall be no disturbance to the natural vegetation or topography within an area extending 50 linear feet landward of the tidal wetland boundary (high tide line). 9. The permit holder shall incorporate the attached Covenant (°r similar language) t° the deed f°r the pr°perty where the project will be conducted and file it with the Clerk of Suffolk County within 60 days of the effective date of this permit. This deed covenant shall mn with the land in perpetuity. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be submitted within 150 days and prior to commencement of any regulated activity at the site to: NYSDEC, Marine Habitat Protection, SUNY ~ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409, Attn: Compliance. DEC PERMIT NUMBER 1-4738-02846/00003 Page 2 of 4 NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee-Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indercmify and hold harmless the Department of Environmantal Conservation of the State of New York, its repre~antativas, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permitree's acts or omissions in connection with; or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of thc permit. This indcnmification does not extend to any claims, suits, actions, or damages to the extent atlributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil tights provision under federal or state laws. Item B: Permlttee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's b. gant with respect to the permitted activities, and such persons shall be subject to thc same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittec. Item C: Permittec Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permit~ec any fight to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and hatervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the wbrk suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Depart~nent. A copy of this permit, including ail referenced maps, drawings and special conditions, must be available for inspection by the Depattmant at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Depattment representative is a violation of this permit. General Condition'2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by thc Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: Regional Permit Administrator, SUNY ~ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 62 I. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; c) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMIT NUMBER 1-4738-02846/00003 Page 3 of 4 NEW YOI1K ST~ DEPARTMENT OF ENVIRONMENTAL CONSERVATION ~ 'ADDITIONAL GENERAL CONDITI(~ FOR ARTICLES 15 ('lll'LE 5), 24, 25, 34~D 6NYCRR PART 608 (TIDAL WETLANDS) If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids~ sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmen- tally deleterious materials associated with the project. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across or along the bed of a waterway or floodplain, deposits within any regulatory floodway, or deep holes that may have a tendency to cause damage to navigable channels or to the banks of g watenvay. 5. There shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Deparhuent of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal Or alteration. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303,306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 9. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by Mark Schwartz last revised on 9/25/08. DEC PEItMIT NUMBER Page 4 of 4 1-4738-02846/00003 S 56°27'30" W 300.354' ;ANT) 25' WIDE R.O.W. PER FILED MAP INOTE: SOIL CONDITIONS REQUIRE EXCAVATION OF CL~Y AND SILT· TO BE 8ACKFILLED '~'~AT H ~ACANT) PROPOSED SEPTIC SYSTEM DETAIL N.T.S, SEPTIC TANK LEACHING POOLS SITE PLAN SCALE: 1" = 20'-0' DRAWN: MH I MS SCALE: 1 · -- 20' JOB #: S~ptcmbe~ 29, 200~ SH]EET NUMBER: S-1 New York State Departmen Environmental Conserval DivisiOn of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 Phone: (631)444-0365 · FAX: (631)444-0360 Website: www.dec.state.ny, us PERMIT MODIFICATION Steven & Olga Tenedios PO Box 1196 Southold, NY 11965 May 1, 2009 Re: Permit #1-4738-02846/00003 Dear Mr. & Mrs. Tenedios: The Department of Environmental Conservation (DEC) has reviewed your request to modify the above referenced permit in accordance with the Uniform Procedures Regulations (6NYCRR Part 621). It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit is hereby modified to authorize: A revised configuration for the approved dwelling, patios, driveway and septic system. All work shall be done in accordance with the revised plan prepared by Mark Schwartz last revised on 4/10/2009 and stamnped NYSDEC approved on May I, 2009. This letter is a modification to the original permit and must be available at the job site whenever authorized work is in progress. All other terms and conditions remain as written in the original permit. ~k~Carrara Permit Administrator CC: Mark Schwartz BMHP file '~o~ -- .23. / -/¥./-o TOWN OF SOUTHOLD PROPERTY-RL~ORD CARD ,~""'-' bWNER STREET I 7~7 VILLAGE DIST.. SUB FORMER OWNER ,~ ' V 2 N E ACR. .~y ICk ~/~ f ICS,, 1~'¢~1.~0 S W ~pE Of BUILDING S~S. VL. ' r. u~ .. [~ I ~ FARM CO~. CB. MICS. Mkt. Value . ~D IMP. TOTAL DATE R~RKS ~ 4~0o / /~;~o ' ~hW~',/' ' ' ' ' ~12~ ~f~m~s , illable FRONTAGE ON WATE~ t~land FRONTAGE ON ROAD tead°wl~d DEPTH ou~ Plot BULKH~D ~tal Extension Extension Extension Porch Porch Breezeway Garage Patio O.B. Total COLOR TRIM Foundation ~ ~_. Basement ~ Ext. Walls -~. C- . Fire Place ~ Type Roof "~'L~ ~-T' Recreation Room Dormer Both Dinette Floors Interior Finish LR. Heat Rooms Ist Floor Rooms 2nd Floor Driveway DR. FIN. B ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville June 18, 2009 Zoning Appeal No. 6315 Transmitted herewith is Zoning Appeals No. 6315 of Steve & Olga Tenedios~ the Application to the S outhold Town Zoning Board of Appeals, Also enclosed is the Questionnaire, Applicant's Project Description, Short Environmental Assessment Form (2 Pages), Transactional Disclosure Form, Agricultural Data Statement Dated June 11, 2009, LWRP Consistency Assessment Form, Notice of Disapproval Dated June 10, 2009, Letter fi.om Patricia Moore to ZBA Variance Application Dated June 11,2009, Covenants and Restrictions (2 Pages), Letter From the Town Trustees to Mark Schwartz Dated May 20, 2009 and Attached is the Site Plan of Proposed House, Authorization Letter from Steven and Olga Tenedios authorizing Patricia Moore Esq. To Represent her in this matter Dated June 10, 2009, Letter from Patricia Moore to the ZBA Dated June 10, 2009, Property Record Card, Application for Building Permit Dated June 9, 2009, Letter fi'om the Board of Trustees to Mark Schwartz, A/A Dated October 15, 2008 (2 Pages), Authorization Letter from the Board of Trustees Permit #6973 Dated October 15, 2008 Issued to Stcven and Olga Tenedios, Terms and Conditions Letter, Letter fi.om the Board of Trustees Dated April 22, 2009 to Mark Schwmtz Approving Amendment, Letter from NY State Dept of Environmental Conservation Dated January 15, 2009 ( 5 Pages plus an attached Proposed Septic System Map, Letter from the NY State Dept of Environmental Conservation Permit Modification Dated May 1, 2009, Site Plan Map Dated May 1, 2009, Site Plan Map Dated 1/27/2009, Site Plan Map Dated June 10, 2009, Proposed House Plans Dated June 11, 2009(2 Pages), Survey Dated July 9, 2008, Aerial Picture of Property F.O. 26 M.D. 60 P.O. 65 L.O. ~ BPX01 *** BUILDING PERMIT APPLICATION *** 6/17/09 13:21:3 VERIFIED BY: BJS USE CODE: 1~ SUBDIVISION RO#: ZONING DISTRICT: YARDS SETBACK FRONT: PERMIT OWNER/AGENT: ADDRESS: CITY: TAXID: 473889 23.-1-14.10 PERMIT#: OWNER: IRWIN & CAROL A SEIGEL MAP: ADDR: 278 S BAYVIEW RD LOC: 17327 FREEPORT NY 11520 HAMLET EM/ORIENT APPLY DATE: 3/20/02 PERMIT DATE: 5/10/02 VERIFY DATE: 5~ USE: VOID NEVER BUILT MAX HGT: PLOT SIZE: SIDES: IRWIN & CAROL A SEIGEL 278 S BAYVIEW RD FREEPORT 28377 APPLY#: LOT: MAIN RD DENY DATE: EXPIRATION: BUILDING#: AREA: REAR: 0/00/00 0 OF: STATE: NY ZIP: 11520 3234 DESCRIPTION: ADDITION AND ALTERATION TO AN EXISTING SING~ FAMILY DWELLING AS APPLIED 4 W/TOWN TRUSTEE'S,NYSDEC APPROVALS + $100.00 FLOOD PERMIT.EXP LTR 5/0 WETLANDS Y/N: N TRUSTEES APPROVAL DATE: -4/23/02 DEC APPROVAL DATE: ~ FLOOR AREA: 4,245 VALUE OF WORK: 150,000.00 ADD/CHG/DEL: CHANGE Fl=Next Permit COASTAL EROSION y/N: N PLANNING BOARD APPROVAL DATE: -0/00/00 ZBA APPROVAL DATE: ~ FEE CODE: NEW F2=Summary F3=Exit F7=Reprint F8=CO FEE: 1,268.50 F9=Denial F12=Clear