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HomeMy WebLinkAboutKofinas, GeorgeJill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 January 20,2010 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Ms. Catherine Mesiano Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 RE: GEORGE KOFINAS 552 EAST END RD., CUTCHOGUE SCTM#110-7-18.2 Dear Ms. Mesiano: The Board of Town Trustees took the following action dudng its regular meeting held on Wed., January 20, 2010 regarding the above matter: WHEREAS, Catherine Mesiano on behalf of GEORGE KOFINAS applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, application dated December 23, 2009, 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, in accordance with Chapter 268, said application was found to be Exempt from the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Headng was held by the Town Trustees with respect to said application on January 20, 2010, 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, as applied for, does not comply with the standards set forth in Chapter 275 of the Southold Town Code, and, WHEREAS, the Board has determined that the structures, as applied for, will have a detrimental effect upon the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the foregoing reasons, and based upon the record and that there are no specifics of surveys that have been presented by the applicant demonstrating what the applicant is replacing, and failure to meet the standards contained in Chapter 275 of the Town Code, the Board of Trustees DISAPPROVES WITHOUT PREJUDICE the application of GEORGE KOFINAS for the inkind/inplace replacement of an 1 I'X 50' wood deck and 8'X 32' bath house, as depicted on the site plan prepared by East End Design Associates, LLC last revised January 12, 2010. This is not a determination from any other agency. Very truly yours, Doherty, Presideffy of Trustees JMD/Ims Jan ~0 10 01:14p JON LRKE PR 631-734-6470 p.1 '"FALSE STATEMENTS ARE PUNISHABLE AS A CRIME. ~URSUANT TO THE NEW YORK STATE PENAL LAW New York State Department of Environmental Conservation Division of Environmental Permits- Region One SUNY ~ Stony Brook, 50 Circle Road, Stony Brook NY 11790-3409 Main Phone: (631) 444-0365 Website: www.dec.stat~.nV.us Fax: (63 I) 444-0360 November 5, 2008 Mr. George Kofinas t 00 Winston Drive, Apt. PHH Cliffside Park NJ 07010 RE: Permit # 1-4738-03553/00002 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6 NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Very truly yours, Matthew R. Penski Environmental Analyst 1 lnrp Enclosure NEW YORK STP~DEPARTMENT OF ENVIRONMEI,~L CONSERVATION DEC PERMIT NUMBER 1-4738-03553/00002 FACILITY/PROGRAM NUMBER(S) PERMIT Under the Environmental Conservation Law EFFECTIVE DATE November 5, 2008 EXPIRATION DATE(S) November 4, 2013 I I TYPE OF PERMIT · New [] Renewal [] Modification [] Permit to Construct [] Permit to Operate J ' J [] Article 15, Title 5: Protection of Wa- [] 6NYCRR 608: Water Quality [] Article 27, Title 7; 6NYCRR tars Certification 360: Solid Waste Management [] Adicle 17, Titles 7, 8: SPDES E] Article 19: Air Pollution Control [3 Article 23, Title 27: Mined Land Reclamation [] Adicle 24: Freshwater Wetlands · Article 25: Tidal Wetlands [] Article 15, Title 15: Water Supply ID Article 15, Title 15: Water Transport [] Article 15, Title 15: Long Island Wells D Article 15, Title 27: Wild, Scenic and Recreational Rivers [] Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management Article 34: Coastal Erosion Management ID Article 36: Floodplain Management Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO George Kofinas ADDRESS OF PERMITTEE 100 Winston Drive-Apt. PHH, Cliffside Park NJ 07010 ITELEPHONE NUMBER (201) 780-5070 CQNTACT PERSON FOR PERMflq-ED WORK Catherine Mesiano, Inc., 12 Mill Pond Lane, East Moriches NY 11940 ITELEPHONENUMBER (631)878-8951 NAME AND ADDRESS OF PROJECT/FACILITY Kofinas Property, 552 East Road, Cutcho~lue LOCATION OF PROJECT/FACILITY SCTM # 1000-110-7-18.2 COUNTY I TOWN Suffolk Southold Description of Authorized Activity WATERCOURSE Great Peconic Bay NYTM COORDINATES E:713.3 N:4542.6 Reconstruct in-kind / in-place the bath house and deck immediately adjacent to the bath house that were destroyed by fire (see approved plans for dimensions). Remove the existing decking on the east side near the stairway and install 2 inch by 12 inch by 12 foot planks (cap) on top of 100 linear feet of the existing bulkhead. All work shall be performed in accordance with the conditions of this permit and the plans prepared by East End Design Associates, LLC last revised on 10/10/08 (sheets I and 2 of 3), and 5/29/08 (sheet 3 of 3), all stamped NYSDEC approved on 11/5/08. By acceptance of this permit, the pem, tiff~e agrees that the permit is contingent upon strict compliance v~th the ECL, all applicable regulations, the General Conditions spe~tied (see patties 2 ~ 4) and any Special Conditions included as part of this penmit. II P E r MIT AD MI NIS'T~'ATO R: Jo~"A. Wieland (mm)/' ,, A*.O IZEDSI "^TU.E ID^TE I IADDRESS SUNY~Stony Brook; 50 Circle Road; Stony Brook NY 11790-3409 OORK ST^TE DEPARTMENT OF ENVIRONMENTAL CO.AT[ON SPECIAL CONDITIONS 1. The storage of construction equipment and materials shall be confined to the portion of the property landward of the top of the bluff. 2. Necessaw erosion control measures e.g., staked haybales, silt fencing, etc. are to be placed on the downslope edge of any disturbed areas. This sediment barrier is to be put in place before any disturbance of the ground occurs and is to be maintained in good and functional condition until thick vegetative cover is established. 3. 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. 4. All areas of soil disturbance resulting from the approved project shall be stabilized with appropriate vegetation (grasses, etc.) immediately following project completion or prior to permit expiration, whichever comes first. If the 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. 5. The use of wood treated with pentachlorophenol or other wood treatment not specifically approved by the Department for use in wetlands and/or marine waters, is strictly prohibited in the construction of structures that will be in contact with tidal waters. 6. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 7. Any debris or excess material from construction of this project shall be completely removed from the adjacent area and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands or protected buffer areas. 8. 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 the terms and conditions of, this permit. Within 30 days of the completion of the project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. DEC PERMIT NUMBER I I 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 indemnify and hold harmless thc Department of Environmental Conservation of the State of New York, its representatives, employees, and agents CDEC") for all claims, suits~ actions, and damages, to the extent attributable to the pennittec's acts or omissions in connection with the permittee's undertaking o£ activities in connection with, or operation and maintenance of, the facility or facilities authorized by thc permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any clain~s, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions nam~g the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee'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 perminee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the perminee. Item C: Permittee 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 permittee any right to trespass upon thc 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 intervals 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 work suspended pursuant to ECL 71-030 l 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 Deparlanent. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Pernfit 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 the 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 writ/en 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 wr/ting. 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); and b) 30 days before expiration of all other permit types. Submission of applications for penmt renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, SUNY ~ Stony Brook, 50 Circle Road, Stony Brook NY 11790-3409 General Condition 4: Permit Modifications, Suspensinns and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. 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 pem~it; 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; e) 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 ] [ PAGE3 OF 4 N~ORKST~FENVIRONMENTALCOAT)ONRK STATE DEPARTMENT OF ENVIRONMENTAL CO AT)ON ADDITIONAL GENE~CLES 15 (TITLE 5), 24, , 34 AND 6 NYCRR 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 tmreasonable 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 accotmt of any such removal or alteration. 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, leachatc or any other environmentally 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 chammls or to the banks of a waterway. 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 Department 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 ale met. 8. 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 their designated agent as part of the permit application. Such approved plans were prepared by: East End Design Associates, LLC last revised on 10/10/08 (sheets 1 and 2 of 3) and 5/29/08 (sheet 3 of 3), all stamped NYSDEC approved on 11/5/08. DEC PERMIT NUMBER I [ PAGE 4 OF 4 1-4738-03553/00002 Site Plan information is based on a land suway prepared by Nathan Taft Corwin IIl, Licensed Land Surveyor #50467, on October 25th, 2005 and updated on May 27, 2008 GEORGE "~' ':": ~ ='"'~:: SITt';PL\N OF PROPERT'f KOFINAS TOWN OF SOUTHOLD RESIDENCE ('i'TCHO(;L't~' tf-l,r~I'~(~?l~I-,.t'/' ~]!;'(;'OA;IC t~',! ) ? SP I 009 WATER MARK ON OCTOBER 25, 2004 '-'-b-.. CUTCHO~U£' HAR~OR~ (GR~DAT SITE PLAN 1"=10'-0" LANDWARD L~MIT ~' N BY ~LE jUST C LAG ~Z~ RE¥1SION 10-10-08 WOOD DECK TO BE REMOVED E Z~REV~SION 10-10-05 WOO0 DECK TO BE REMOVED GEORGE KOFINAS RESIDENCE A101 Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., January 13, 2010, the following recommendation was made: Moved by Peter Young, seconcded by Doug Hardy, it was RESOLVED to NOT SUPPORT the Wetland Permit application of GEORGE KOFINAS for the inkind/inplace replacement of an 11'X 50' wood deck and 8'X 32' bath house. Located: 552 East Rd., Cutchogue. SCTM#110-7-18.2 Inspected by: Peter Young The CAC would Not Support this application under any circumstances. Vote of Council: Ayes: All Motion Carried James F. King. Jill M. Doherty Dave Bergen Bob Ghosio, Jr. John Bredemeyer P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: GEORGE KOFINAS requests a Wetland Permit for the inkind/inplace replacement of an 11'X 50' wood deck and 8'X 32' bath house. Located: 552 East Rd., Cutchogue. SCTM#110-7-18.2 ~warea to be impacted: aterWetland Freshwater Wetland __Sound Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: _(~.6~apt.275 Chapt. 111 __other Type of Application: L.,--~tland __Coastal Erosion ___Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: Present Were: ~J.King __J.Doherty '~Pd~%"kem~r D. Bergen__ B.Ghosio, D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: New York State Department of Environmental Conservation Division of Environmental Permits- Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook NY 11790-3409 Main Phone: (631) 444-03§5 Website: www.dec.state.ny.us Fax: (631) 444-0360 Mr. George Kof'mas 100 Winston Drive, Apt. PHH Cliffside Park NJ 07010 November 5, 2008 RE: Permit # 1-4738-03553/00002 Dear Permittee: In conformance with the requirements of the State Uniform Procedures (Article 70, ECL) and its implementing regulations (6 NYCRR, Part 621) we a enclosing your permit. Please read all conditions carefully. If you are unable with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at ti site and protected from the weather. mrp Enclosure Very tmty yours, Matthew R. Penski Environmental Analyst 1 act ¢ ~ comply project NEW YORK STA~DEPARTMENT OF ENVIRONMEN~ CONSERVA' DEC PERMIT NUMBER EFFECTIVE DATE 1-4738-03553/00002 November 5, 2008 FACILITY/PROGRAM NUMBER(S) EXPIRATION DATE(S PERMIT Under the Environmental Conset'vation Law 'ION November 4, 2013 TYPE OF PERMIT · New [] Renewal D Modification [] Permit to Construct [] Permit to Opera [] 6NYCRR 608: Water Quality Certification [] Article 17, Titles 7, 8: SPDES [] Articte 19: Air Pollution Control [] Article 23, Title 27: Mined Land Reclamation [] Article 24: Freshwater Wetlands · Article 25: Tidal Wetlands E] Article 27, Tit 360: Solid Was' [] Article 27, Tfl 373: Hazardous [] Article 34: C( Management [] Article 36: FI~ Management [] Artictes 1, 3, 6NYCRR 380: R~ [] Adicle 15, Title 5: Protection of Wa- ters [] Article 15, Title 15: Water Supply [] Article 15, Title 15: Water Transport [] Article 15, Title 15: Long Island Wells [] ArUcle 15, Title 27: Wild, Scenic and Recreational Rivers ITELEPH (201 TELEPH (631) 8; PERMIT ISSUED TO Geor~le Kofinas ADDRESS OF PERMITTEE 100 Winston Drive-Apt. PHH, Ciiffside Park NJ 07010 CONTACT PERSON FOR PERMrCrED WORK Catherine Mesiano, inc., 12 Mill Pond Lane, East Moriches NY 11940 NAME AND ADDRESS OF PROJECT/FACILITY Kofinas Property, 552 East Road, Cutchocjue LOCATION OF PROJECT/FACILITY SCTM # 1000-110-7-18.2 COUNTY I TOWN I WAIERCOURSE N~I-M C Suffolk Southold Gmat Peconic Ba}, E:713.3 Description of Authorized Activity Reconstruct in-kind / in-place the bath house and deck immediately adjacent to th, that were destroyed by fire (see approved plans for dimensions). Remove the exi., the east side near the stairway and install 2 inch by 12 inch by 12 foot planks (cap linear feet of the existing bulkhead. All work shall be performed in accordance witl of this permit and the plans prepared by East End Design Associates, LLC last re\ 10/10/08 (sheets 1 and 2 of 3), and 5/29/08 (sheet 3 of 3), all stamped NYSDEC ~ 11/5/08. 7; 6NYCRR Management 9; 6NYCRR faste Management istal Erosion )dplain 7, 19, 27, 37; diation Control :)NE NUMBER 0-5070 ::)NE NUMBER 8-8951 )ORDINATES N:4542.6 bath house ling decking on on top of 100 the conditions sed on 3roved on By acceptance of this permit, the p, _~RK STATE DEPARTMENT OF ENVIRONMENTAL CONOTION SPECIAL CONDITIONS 1. The storage of construction equipment and materials shall be confined tc the portion of the property landward of the top of the bluff. 2. Necessary erosion control measures e.g., staked haybales, silt fencing, etc. are to be placed on the downslope edge of any disturbed areas. This sediment barrie~ is to be put in place before any disturbance of the ground occurs and is to be maintaine in good and functional condition until thick vegetative cover is established. 3. During construction, concrete or leachate shall not escape or be discha ~ed, nor shall washings from transit mix trucks, mixers, or other devices enter tidal wi lands and/or protected buffer areas. 4. All areas of soil disturbance resulting from the approved project shall be ;tabilized with appropriate vegetation (grasses, etc.) immediately following proj.ect comple ~on or prior to permit expiration, whichever comes first. If the 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 germinatio~ I. 5. The use of wood treated with pentachlorophenol or other wood treatment r ~ot specifically approved by the Department for use in wetlands and/or marine waters, is stri :tly prohibited in the construction of structures that will be in contact with tidal waters. 6. There shall be no disturbance to vegetated tidal wetlands or protected h ~ffer areas as a result of the permitted activities. 7. Any debris or excess material from construction of this project shall )e completely removed from the adjacent area and removed to an approved upland area fo r disposal. No debris is permitted in tidal wetlands or protected buffer areas. 8. At least 48 hours prior to commencement of the project, the permittee nd contractor shall sign and return the top portion of the enclosed notification form certifyin I that they are fully aware of, and understand the terms and conditions of, this permit. Wit ~in 30 days of the completion of the project, the bottom portion of the form must also 9 signed and returned, along with photographs of the completed work. DEC PERMIT NUMBER I IPAGE 2 OF 1-4738-03553/00002 I~ORK STATE DEPARTMENT OF ENVIRONMENTAL CONSOl'iON NOTIFICATION OF OTHER PERM1TTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The pernuttee~ excepting state or federal agencies, expressly agrees to indemnif3, and hold harmless fl ~' Deparlment of Environmental Conservation of the State of New York, its representatives, empioyees, and agents ("DEC") fo~ all clairus, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the pere t~ee's under~aking of activities in connection with, or operation and maintenance of, thc facility or facilities authorized by thc per fit whether in compliance or not in enmplianee with the terms and conditions of the permit. This indemnification does not e: ~end to any claims, suits, actions, or damages to the extem attributable to DEC's own negligent or intentional acts or omissions, or o any clanns, suits, or actions naming the DEC and arising under Article 78 of the New York Ciwl Practice Laws and Rules or an citizen suit or civil fights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assign~ )f their responsibility to comply with this permit, including all special conditions while acting as the pernut~ee's agent vith respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environment~ Conservation Law as those prescribed for the permittee. Item C: Pecmittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and fights( :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 permittee any right to trespass upon the lands or interfere with the ~parian rights of others in order to perform the permitted work nor does it authorize the hnpairment of any rights, title, or inter¢ t in real or personal proper~y 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 i~corda, is subject to inspection at reasonable hours ~ ~d intervals by an authorized representative of the Department of Environmental Conservation (the Depar~nent) to determine w :ther the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 1-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Departmenfs representative during an inspecl m to the permit area when requested by the Department. A copy of this pervmt, including all refex~nced maps, drawings and special conditions, must be availa le for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request I ~, a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determlnations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede ,r rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements containc L in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Deparmaant for renewal, modificatiox ar transfer of this permit. Such application must include any forms or supplemental information the Department requh'es. Any i :newal, modification or txansfer grantexi by the Department must be in writing. The permit~e must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination Sy ~em (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (! ~C) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, SUNY ~ Stony Brook, 50 Circle Road, Stony B: ~ok NY 11790-3409 General Condition 4: Permit Modifications, Suspensions and Revocations by the Del trtment The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Par 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the pernut application or supporting pa ~'rs; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as de~rthed in the permit application; d) newly discovered material information or a material ehan~e in environmental cond ions, relevant technology or applicable law or regulations since the issuance of the existing peraz e) noncompliance with prexC~ously issued permit conditions, orders of the conmUSsion r, any provisions of the Environmental Conservation Law or regulations of the Department related to ti : permitted activity. DEC PERMIT NUMBER PAGE 3 OF 4 1-4738-03553/00002 N~RK STATE DEPARTMENT OF ENVIRONMENTAL CC~ATION ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), ~'4, 25, 34 AND 6 NYCRR I 'ART 608 (TIDAL WETLANDS) 1. If future operations by the State of New York require an alteration in the position of the strut ute or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall :ause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or x elfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner ma be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby w~ lout expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or c her modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to 1 te State, and to such extent and in such time and manner as the Depamnent of Environmental Conservation may requ~ :, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and ood capacity of the watercourse. No claim shall be made against the State of New York on account of any such re ~oval or alteration. 2. The State of New York shall in no case be liable for any damage or injury to the structure or wo k herein authorized which may be caused by or result from future operations undertaken by the State for the conserva on or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from a r such damage. 3. All necessary precautions shall be taken to preclude contamination of'any wetland or waterway y suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any otl ~ environmentally deleterious materials associated with the project. 4. Any material dredged in the conduct of the work herein permitted shall be removed evenly,, thout leaving large refuse piles, ridges across or along the bed ora waterway or floodplain, deposits within any reg latory floodway, or deep holes that may have a tendency to cause damage to navigable channels or to the banks of waterway. 5. There shall be no unreasonable interference with navigation by the work herein authorized. 6. Ifup~ntheexpirati~n~rrev~cati~n~fthispermit~thepr~jectherebyauth~rizedhasn~tbeencon~ ~leted, theapplicant shall, without expense to the State, and to such extent and in such thne and manner as .he Department of Environmental Conservation may require, remove all or any portion of the uncompleted struct~ e or fill and restore the site to its former condition. No claim shall be made against the State of New York on account ~fany such removal or alteration. 7. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation her by certifies that the subj eot project will not contravene effluent limitations or other limitations or standards under Se tions 301,302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions li~ ed herein axe met. 8. At least 48 hours prior to commencement of the project, the permittee and contractor shall sigt and return the top portion of the enclosed notification form certifying that they are fully aware of and understand ~1 terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the ft m 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 .' ~bmitted by the applicant or their designated agent as part of the permit application. Such approved plans were prepared by: East End Desima Associates. LLC last revised on 10/1 1/08 (sheets 1 and ? of 3) and 5/29/08 (sheet 3 of 3), all stamped NYSDEC approved on 11/5/08. DEC PERMIT NUMBER PAG 4 OF 4 1 4738-03553/00002 RETURN THIS FORM TO: PERMIT NUMBER: O NO CE F E E OFC N COMPLIANCE Marine Habitat Protection NYSDEC 50 Clrc, le Road - SUNY . _ Stony Brook, NY~tt790-3409' OR FAX TO: 631-444-0297 ISSUED TO: PROJECT LOCATION/ADDRESS: CONTRACTOR NAME: ADDRESS: TELEPHONE: Dear Sir:. Pursuant to Genera/Condl#on of the referenced perrni~, you are hereby notified that the authored activity shall · We certify that we have read the referenced permit and approved plane and fully understand the a permit conditlone. We have InSpected the project site and can complete the project as described In the approved plans. We can do so in full compliance ~ ell plan notes and permit conditions. The permit be available at the site for Inepectl0n in accordance with general Condition No. 1. (Both elgnatures required) PERMITEE DATE and approved plane will CONTRACTOR' DATE THIS NOTICE MUST BE SENT TO /OR ANY ASSOCIATED REGULATED ACTIVITIES, FAILURE TO RETURN THIS NOTICE, POST THE PERMIT PERMIT AND APPROVED PLANS AVAILABLE A T THE WORK SITE FOR THE DURA TION OF THE PROJECT I~ PERMI,I ; t:E AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR CONDITIONS. this line RETURN THIS FORM TO: PERMIT NUMBER: PROJECT LOCATION/ADDRESS: CONTRACTOR NAME: ADDRESS: NOTICE OF COUPLETION OF CONSTRUI~T~;)N COMPLIANCE Marine Habitat Protection NYSDEC 50 Circle I~=ad - SUNY Stony Brook, NY t1790,1409 OR FAXTO: 63! ~.~.~. 0297 ISSUED TO: TELEPHONE: Dear Sir: Pursuant to General Condition of the referenced pem~ you are hereb~ , We have fully complied with the terms and conditkms of the permit and. · OF THE PROJECTAND OR HAVE THE WITH PERMIT PERMITEE DATE CONTRACTOR DATE ! THIS NOTICE, WITH PHO TO~F~F'i'~$ OF ~-riE ¢~, cu ~ O~,A ,~r~u,~; A COMFq. ETED SURVEY' A S APPR~PRIA TE, SENT 70 THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION'OF THE PROJECT. I I MUSTBE New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit number s when C~tacting the DEC. Permit Number Regional Permit Administrator ROGER EVANS Expiration Date NOTE: This notice is NOT a permit these drawings does not authorize the right : the euthoHzation of local governing agencies, : County Dept. of Heelth Services, Town Building EC, FEMA, etc. Verify all conditions, codes, ts with such agencies prior to construction. I N 5130 MQi~ ~zyview Road So4,/It149z:L f48wY4~K 11971 BATH HOUSE SITE AND ELEVATIONS ~ENGINEER: ENGINEER'S S~: J~ES DEERKOSKt, PE Pmf~sionol Engineer 260 Deer DHve Mo~ituck, ~ 11952 631-298-7116 OWNERSHIP ~D USE OF D~WlNGS: These drawings and specifications including the ideas, d~ign and a~angemen~ repr~ent~ therein, are the pro~y of East ~d ~sign ~sociates, ~C. No ~ thereof shall be copied, disclosed to othem or used in connection with any wo~ or project other than for which they have ~en pm~red ~ithout ~Hffen consent of East End D~ign ~sociates, ~C. PR~ECT NO: SHE~ INDEX: 89 ~ 2008 D~WN BY: DAli: 02-01-0~ ~ISIO~ 10-10-08 DO NOT SCALE DRAWINGS USE DIMENSION PLANS & Ct~OS'5 !;[C[IONS ENGINEER: ENGINLLR",; SEAL: JAMES DEERKOSKI, PE Professlonol Engineer 260 Deer Drive Mottituck, NY 11952 I 631 -298-7116 OWNERSHIP AND USE OF DRAWINGS: These drawings and specifications including the ideas, design and arrangements represented therein, ore the property of East End Design Associotee, LLC. No port thereof shall be copied, disclosed to others or used in connection with any work or project other than for which they hove been prepared without written consent of East End Design Associates, LLC. PROJECT NO: SHEET INDEX: '~' 886-2005 DRAWN BY: SCALE: ~ I ~ 1" = 10'-0" DATE: O~ 2~08 R~ISION 1~1~08 27' BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6451 DATE: September 20~ 2006 ISSUED TO: GEORGE KOHNAS PROPERTY ADDRESS: 552 EAST ROAD~ CUTCHOG~ ~5 SCTM # 110-7-18.2 AUTHORIZATION · Pursuam 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 September 20. 2006, and in consideration of application fee in the sum of $250.00 paid by Geo_Q~o~e Kofmas and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trnstees authorizes and permits the following: Wetland Permit to re-vegetate approx. 2500 sf. on bluff face that was damaged by fire, per restoration plan prepared by Catherine Mesiano, Inc., dated 8/16/06; and repair/replace the cap of the pre-existing retaining wall as depicted on the by Joseph A. Ingegno revised August 22, 2006; with the condition that any oak are alive Spring 2007 remain on the bluff and any that are dead may be removed by cutting at grade without disturbance to the bluff. 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. SOUTH,31.D TRUSTEES No. ~'q~! Issued To~ Date_~.~./~ Address ~'s~ ~',~,. R..,t .. ~ THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 110 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustee~ From: MarkTerry, Principal Planner 'X LWRP Coordinator Date: January 15, 200~(/~ Re: Proposed Wetland Permit for GEORGE KOFINAS SCTM#110-7-18.2 Catherine Mesiano, Inc. on behalf of GEORGE KOFINAS requests a Wetland Permit for the inkind/inplace replacement of an 11 'X 50' wood deck and 8'X 32' bath house. Located: 552 East Rd., Cutchogue. 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 EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "B" which states: Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit; Cc: Lori Hulse, Assistant Town Attorney George Kofinas 552 East Road, Cutchogue SCTM # 1000-110-7-18.2 Office Use Only ~_~etstal Erosion Permit Application land Permit Application Administrative Permit Amendment/Transfer/Extension ~,~eceived Application: ~-----R~ceived Fee:$ ~--Completed Applichti0n __incomplete __SEQRA Classification: Type I Type I1 Unlisted __Coordination:(date sent) ~---~AC Referral Sent:~ ,~/13ateoflnspection: ] I/-4 __Receipt of CAC Report: __Lead Agency Determination:__ Technical Review: ~Public Hearing Held: //.,r~O//O Resolution: Name of Applicant: GEORGE KOFINAS Address 100 WINSTON DRIVE APT. PHH CLIFFSlDE PARK, NJ 07010 Phone Number: (201) 224-3338 Suffolk County Tax Map Number: 1000 - 110-7-18.2 Property Location: 552 EAST ROAD, CUTCHOGUE sis East Road, 342' e/Fleets Neck Road (provide LILCO Pole #. distance to cross streets, and location) AGENT: Catherine Mesiano, Inc. Address: 12 Mill Pond Lane East Moriches, NY 11940 Phone: 631 878 8951 George Kofinas 552 East Road, Cutchogue SCTM # 1000-110-7-18.2 Board of Trustees Application GENERAL DATA 44~299.79 sq.ft. Land Area (in square feet): Area Zoning: R40 Previous use of property: sint:lle family dwelling Intended use of property: same, with cabana Prior permits/approvals for site improvements: Agency Southold Board of Town Trustees Wetlands Permit ~6121 Date April 20, 2005 5124/2005 t 110512008 Southold Board of Zoning Appeals NYSDEC __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): "In-kind in-place" replacement of an 11' x 50' wood deck and 8' x 32' bath house destroyed by an arson fire. George Kofinas 552 East Road, Cutchogue SCTM # 1000-110-7-18.2 Board of Trustees Application Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: replacement of pre-oxistinfl structure destroyed by arson Area of wetlands on lot: 0 square feet Percent coverage of lot: ~0% Closest distance between nearest existing structure and upland edge of wetlands: 72 feet Closest distance between nearest proposed structure and upland edge of wetlands: approx 10 feet Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated? n/a cubic yards How much material will be filled? n/a cubic yards Depth of which material will be removed or deposited: n/a feet Proposed slope throughout the area of operations: nla n/a Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): NO NEGATIVE EFFECT ON WETLANDS OR TOWN WATERS IS ANTICIPATED AS A RESULT OF THE PROPOSED ACTION. NI~ICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: GEORGE KOFINAS SCTM # 1000-110-7-18.2 YOU ARE HEREBY GIVEN NOTICE: That it is the intention of the undersigned to request a Permit from the Board of Trustees for: · "In-kind in-place" replacement of an 11' x 50' wood deck and 8' x 32' bath house destroyed by arson fire. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 552 East Road, Cutchogue That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment on ........... You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. Should you have any questions or concerns, please do not hesitate to contact the owner's agent, below OWNER'S NAME: George Kofinas MAILING ADDRESS: 552 East Road Cutchogue, NY 11935 OWNER'S AGENT: Catherine Mesiano, Inc. 12 Mill Pond Lane East Modches, NY 11940 631-878-8951 cmesiano@optonline.net Eric.: Copy of sketch or plan showing proposal for your convenience. PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT / SPONSOR 3.PROJECT LOCATION: Municipality 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME County 4. PRECISE LOCATION: Street Addess and Read Intersections. Prominent landmarks etc -or orovide mad IS PROPOSED ACTION: [] New [] Expansion [] Modification / alteration 6. DESCRIBE PROJECT BRIEFLY: SEQR 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? L.~ Yes [~J No If no, describe bdefiy: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ~]Residential ~]lndustrial ~]Commercial [---]Agriculture [~ Park / Forest / Open Space [~Other(describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) [~Yes []No If yes, list agency name and permit / approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? []Yes [~No If yes, list agency name and permit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EX~STING PERMIT/ APPROVAL REQUIRE MODIFICATION? [--]Yes [~]No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name Date: Signature If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. E~Yes ~]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. E~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: No I ........... er? ~_ _ l C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood charect . Explain briefly: / b C3. !~gOet~io~'(~ i~i fl~hl ~h~ii~-I~r~vildlife sp~e-si';igniflcan[~)itats, or threatened or endangered specle~'~r'[xplain bdet~i C4. A community's exisii~"plans or goals as officially adopted, ~'a change in use or intensity of use of land or other natural resources? Exp ain briefly: C$. Growth, subsed~i d~io~ment, or related ao~ties fitiolV to be indu~ by the proposed action? Explain briefly: C6. Co~l term. short term. cumulati~i or ~t~ar olfects not id~nt~ed in CI-C§? ~xplain briefly: ..... ! C?. Other im~act~ Iincludin[I chan~l*s in use o! either ~uantil,/or ~pe o[ ener~}t? ~x¢lain briefi}~: I ~10 . ....... , .,,...,,,, O. WiLL THE PROJECT HAVE AN iMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA ICEA/? IIf yes, explain briefi)': E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If '/,es explain: 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) irmversibility; (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 signiflcance 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 FULl EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supperting 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. Board of Trustees Name of Lead Agency Jill M. Dohe~ly ~ ~r Ty~h:a m ee~s~: ,::re'a: Lia:ig e n cY /J Signature of R~s~onsible Oljfico ' g cy J / Date President Title of Responsible Officer Signature of Preparer (If different from responsible officer) James F. King Jill M. Doherty Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of GEORGE KOFINAS COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING , residing at/dba IZ Mt ti being duly sworn, depose and say: That on the ]~ day of ~ ,2010, I personally posted the property known as by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed., January 20~ 2010 on or about 6:00 PM. Dat~: Sworn to before me this day of 200 /)~l~ature) Notary Public George Kofinas 552 East Road, Cutchogue SCTM # 1000-110-7-18.2 PROOF OF MAILING OF NOTICE A'I-rACH CERTIFIED MAIL RECEIPTS NAME: ADDRESS: SEE ATTACHED STATE OF NEW YORK COUNTY OF SUFFOLK Catherine Mesiano, residing at 12 Mill Pond Lane, East Moriches, NY being duly sworn, deposes and says that on the 12th day of January, 2010, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the Unites States Post Office at East Moriches, NY, that said Notices were mailed to each of said persons by certified mail. Sworn to before me this /3 day of ~ ~ _~.~2010. Notary Public George Kofinas 552 East Road, Cutchogue SCTM # 1000-110-7-18.2 Gertrude & Frank Ali PO Box 234 Cutchogue, NY 11935 1000-7-18.3 Ronald Lynn & Roger Timothy 6633 St. Partin PI. Orlando, FL 32812-3512 1000-110-7-18.4 Nancy P. Robinson & ors ATT: Maryann E. Meats 903 Poplar Hill Road Baltimore, MD 21210 1000-110-7-19 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: GEORGE KOFINAS SCTM # 1000-110-7-18.2 YOU ARE HEREBY GIVEN NOTICE: That it is the intention of the undersigned to request a Permit from the Board of Trustees for: "In-kind in-place" replacement of an 11' x 50' wood deck and 8' x 32' bath house destroyed by arson fire. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 552 East Road, Cutchogue That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment on January 20, 2010. You may contact the Trustees Office at 785-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. Should you have any questions or concerns, please do not hesitate to contact the owner's agent, below OWNER'S NAME: MAILING ADDRESS: George Kofinas 552 East Road Cutchogue, NY 11935 OWNER'S AGENT: Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 631-878-8951 cmesiano@optonline.net Enc.: Copy of sketch or plan showing proposal for your convenience. SIIEt LAN OF PROPERTY CL FCItOC, L L TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK GEORGE KOFINAS RESIDENCE County of N O e~- d. GEORGE & MIRANDA KOFINAS BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/ SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT 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 ARR~SING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVE(S) , TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. ~4°t~yVublie ~ AUTHORIZATION GEORGE & MIRANDA KOFINAS residing at 100 WINSTON DRIVE APT. PHH CLIFFSIDE PARK, NJ 07010 do hereby authorize Catherine Mesiano, Inc. to apply for permits from Southold Board of Town Trustees, and New York State Department of Environmental Conservation on my/our behalf. Date: Sworn to before me this~*-' day of Notary Public ~ A~F. G. COt, lILLE M_f .... -~t ate of New york Qua ~fi~ m C~mi~ion 2006. APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's 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 ot possible conflicts of interest and allow it to bake whatever action is necessary to avoid same. YOUR NAME: GEORGE & MIRANDA KOFINAS NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone * Approval of plat Exemption from plat or official map. Other (If "Other," name the activity) WETLANDS PERMIT 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 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 Descdbe the relationship between yourself (the applicant) 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 noncorporate entity (when the applicant is not a corporation); C) an officer, dire'['or, partner, or employee of the applicant;, or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this 5' % t~_ day of ~,' (~r~ +.-P-.~_ ~ 2006 Signature Pdnt name George Kofinas 552 East Road, Cutchogue SCTM # 1000-110-7-18.2 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 Permit and other ministerial permits not located within the Coastal Erosion Hazard Area 2. Before answering the questions in Section C, thc 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 thc 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# 1000-110-7-18.2 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. X 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: "In-kind in-place" replacement of an 11' x 50' wood deck and 8' x 32' bath house destroyed by an arson firs. George Kofinas 552 East Road, Cutchogue SCTM # 1000-110-7-18.2 Location of action: 552 EAST ROAD, CUTCHOGUE Site acreage: 1.017 acres Present land use: single family dwelling 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: GEORGE KOFINAS (b) Mailing address: 100 WINSTON DRIVE APT. PHH CLIFFSIDE PARK~ NJ 07010 (c) Telephone number: Area Code 718-780-5070 (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? NYSDEC (approved 11/05/2008}, DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southoid 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. Sec LWRP Section III - Policies; Page 2 for evaluation criteria. Yes No Not Applicable The proposed activity has no impact on the "pattern of development in the town". Numerous sites, both on the bay and sound, as well as creeks have cabanas an/or boathouses on the beach, landward of the tidal wetlands limits. 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 The proposed proiect is not located near any historic sites or districts 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 Desi.qn and construction is intended to replicate the structure that previously existed. George Kofinas 552 East Road, Cutchogue SCTM # 1000-110-7-18.2 NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LVVRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes No Not Applicable Historically, this site has proven to be quite stable, and not prone to tidal flooding. Earlier revegetation of the bluff to restore the areas damaqed by the arson fire has been successful in protecting the bluff. Construction of the in-kind in-place replacement of the cabana destreyed by the arson fire will be undertaken with the greatest environmental consideration. There will be no plumbing installed and electric installed only to the extent necessary for installation of a security and fire alarm system to prevent future vandalism and arson events 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 The subiect site is developed with a single family dwelling. Reconstruction of the cabana will cause no impact on water quality since no plumbing will be installed, therefore there will be no sanitary waste .qenereted. There will be no fertilizer dependent vegetation and no stormwater runoff will be directed into the wetlands 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 LVVRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable The proposed replacement of the cabana will pose no risk to the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands 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 Not Applicable Since there will be no conditioning of the proposed cabana, there will be no emissions generated 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 It does not appear that Policy 8 is relevant. George Kofinas 552 East Road, Cutchogue SCTM # 1000-110-7-18.2 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 Reconstruction of the cabana will have no impact on public access to, and recreational use of, coastal waters, etc 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 It does not appear that Policy 10 is relevant. 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 It does not appear that Policy 11 is relevant 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 It does not appear that Policy 12 is relevant. 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 It does not appear that Policy 13 is relevant. CATHERINE MESlANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631 -878-8951 e-mail: cmesiano~optonline, net December 22, 2009 Jim King, President Southold Board of Town Trustees Box 1179 Southold, NY 11971 RE: George Kofinas 552 East Road, Cutchogue SCTM # 1000-110-7-18.2 Dear Mr. King: I am the agent for the above referenced applicant. Approximately three and one half years ago a suspected arson fire caused damage to the vegetation and structures located on the bluff at the above referenced location. On September 20, 2006, the Board granted approval for revegetation of the bluff and repair to the retaining wall. We are now seeking approval for "In-kind in- place" replacement of an 11' x 50' wood deck and 8' x 32' bath house destroyed by the arson fire. Enclosed please find the following: 1. Application 2. Transactional disclosure 3. Release 4. Authorization 5. Site plan and elevation prepared by East End Design Associates, LLC last revised 10/10/2008 and approved by the NYSDEC on 11/05/2008. 6, LWRP form Also enclosed is a check in the amount of $250 for the application fee. Should you require any additional information, please contact me. Thank you for your consideration. Very truly yours, Catherine Mesiano, President SURVEY OF PROPERTY SITUA TED A T CUTCHOC-UE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-110-07-18.2 ' '20' SCALE 1 : OCTOBER 25, 2004 NOVEMBER 9, 2004 ADDED BUILDING ENVELOPE FEBRUARY 16, 2005 ADDED PROPOSED ADDITIONS DECEMBER 12, 2005 ADDED SEPTIC SYSTEM APRIL 17, 2006 REVISED PROPOSED SEPTIC SYSTEM JUNE 14, 2006 FOUNDATION LOCATION AUGUST 22, 2006 LOCATED BURNED AREA NOVEMBER 20, 2006 ADDED KEYSPAN EASEMENT JANUARY 16, 2007 LOCATE DRIVEWAY & SEPTIC SYSTEM MAY 27, 2008 LOCATE FLAGGED WETLANDS AREA = 44,299.79 sq. ff. (TO TIE LINE) 1.017 oc. 39 o CONCRETE FOUNDATION 2 STORY FRAME & STUCCO HOUSE 6 424' / / / / / // NO TES: 1. ELEVATIONS ARE REFERENCED TO N.G,V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:za.o EXISTING CONTOUR LINES ARE SHOWN THUS: F FL -- FIRST FLOOR TF TOP OF FOUNDATION THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENIS OF RECORD. IF ANY, NOT SHOWN ARE NOT GUARANTEED, / N Y$ Lic. No, 50467 Nathan Taft Corw n III Land Surveyor Fex (631)727 1727 24-364~ )( )( GEORGE IKOFINAS RESIDENCE 552 EAST ROAD CUT'CHOGUE, NEW YORK ~ICI-IT ELFVATJQI'I ~/4" = 1' 0" GEORGE KOFINAS RESIDENCE BEA~,I I I(- ELEVATI(-INI 1/4"= f 0" GEORGE K,OFINAS RESIDENCE 5~2 EAST ROAD CUTC~OGUE, NEW YORK 1/4" = 1'-0" 552 EAST ROAD CUTCHOGUE, NEW YORK GEORGE KOFINAS RESIDENCE 552 EAST ROAD CUTCHOGUE, NEW YORK REVISION WOOD TO BE 10 DECK REMOVED 0 08 Acceptance of these drawings does not authorize the right to build w~thout the authorization of local governing agencms, such as Suffolk County Dept. of Health Services, Town Building Departments, DEC, FEMA, etc. Verify all condJBons, codes, and requlrements with such agencies prior to construction PROJECT TITLE & LOCATION: GEORGE KOFINAS RESIDENCE 552 EAST ROAD CUTCHOGUE, NEW YORK SCTM # 1000-110-07-18.2 WORKNOTES. daft t4 2010 [~EAST END DESIGN ASSOCIATES, Lie PO Box 1675 5130 Ma~n Bayvlew Road South@d, NewYork 11971 phone: (631)765 1862 fax (631 ] 765-6820 E Mall CArm8888@aolcom SHEET NAME: BATH HOUSE SITE PLAN AND ELEVATIONS ENGINEER: JAMES DEERKOSKh PE Professional Engineer 260 Deer Drive Mottituck, NY 11952 651-298 7116 ENGINEER'S SEAL OWNERSHIP AND USE OF DRAWINGS' These drawings and specifications including the ideas, design and arrangements represented therein, are the property of East End Design Associates, LLC. No port thereof shall be copied, disclosed to olhers or used in connection with any work or project other than for which they have been prepared without written consent of East End Design Associates, LLC, PROJECT NO 893-200~ DRAWN BY: CMA SCALE: 1/4" = 1' 0" DATE' REVISION 01 12 2010 SHEET INDEX. A101 PROVIDE CONTINUOUS RIDGE VENT (2) 2x8 HEADER BETWEEN RAFTERS TECO TO 2x8 RAFTERS INSURE PROPER AiR SPACE FOR VENTING 1"×4" AGAINST HOUSE 18" SOFFIT (AZEK BEADED) DBL. 2x4 (TOP PLATE) WOOD SIDING (BOARD AND BATTEN) 50# FELT BEACH QIRDER LAYOUT SCALE' ~"= 1 '-0' GEORGE ~/4" GDX SHEATHING KOFINAS *×~ - 1B"o¢ STUDS RESIDENCE 5S2E^ST ROAD CUTCHOGUE, NEWYORK 2x4 SHOE 2x4 AGO BOX BEAM 3x12 ACQ MARINE GRADE (1,0) 2x4 ACQ LEDGER (MARINE GRADE) ~" GALV ANCHOR BOLTS 10" ACQ PILES TO BE DRIVEN TO POINT OF DENIAL CROSS ~T&C WOOD CEILING ACQ WOOD DECKING / ACQ WOOD DECKING 2x10 ACC MARINE GRADE 16"oc KOFINAS RESIDENCE S E CTf 0 N 5,~,^.sT,o^D SCALE, ~"=1 '-0"CUTCHOGUIE, NEWYORK BEACH HOUSE FLOOR JOIST LAYOUT SCALE: ,14"=1' O" GEORGE KOFINAS RESIDENCE 552EASTROAD CUTCHOGUE, NEWYORK PROVIDE CONTINUOUS RIDGE VENT (2) 2x8 HEADER BETWEEN RAFTERS TECO TO 2x8 RAFTERS INSURE PROPER AIR SPACE FOR VENTrNG 2×8-16" ec RAFTERS 3/4" DBX EXTERIOR SHEATHING WEATHERWATCH / ICE AND WATER SHIELD (MOISTURE BARRIER) TILE ROOF SYSTEM AS PER MANUFACTURERS SPECIFICATIONS CONTINUOUS BLIND VENT BETWEEN RAFTER TAILS 1"x4" AGAINST HOUSE (~") 1"x2" BLOCKING 12" cc INSECT SCREEN 1"x6" FREEZE BOARD 5" x 8" DECORATIVE RAFTER TAILS (MATCH HOUSE) 1" x B" TONGUE & GROOVE BEADED SOFFIT (MATCH HOUSE) PROJECT TITLE &: LOCATrON: GEORGE KOFINAS RESIDENCE 552 EAST ROAD CUTCHOGUE, NEW YORK SCTM # 1000-110-07-18.2 WORKNOTES: / , !I ,' dAN ' ' ' ' 1 4 2010 '' STORABE CLOSET BEACH CABANA NO PLUMBING ELECTRIC FOR BASIC UGHTING, SECURI~ AND SERVICE ~ CX125 S[}L CX125 SOL ROOM FRAME SCALEr ~"=1'-0" GEORGE KOFINAS RESIDENCE 552EASTROAD CUTCHOGUE, NEWYORK 18" SOFFIT (AZEK BEADED) DEL, 2x4 (TOP PLATE) WOOD SIDING (BOARD AND BATTEN) 50¢ FELT 5/4" CDX SHEATRING 2xa - 16"0c, STUDS 2x4 SHOE 2xq ACQ BOX BEAM Dx12 ACC MARINE GRADE ti.o) 2x4 ACQ LEDGER (MARINE GRADE) ~" GALV ANCHOR BOLTS 10" ACC PILES (MARINE GRADE) CROSS SECTION GEORGE KOFINAS RESIDENCE 552 EAST ROAD CUTCHOGUE, NEW YORK T&C WOOD CEILrNG (2)2x¢ RAFTER PLATE ~ T&G WOOD WALLS / ACQ WOOD DECKING WITH IINSECT GUARD (OPOS, ITE DIRECTION) ACQ WOOD DECKING -- 2x10 ACQ MARINE GRADE - 16"oc ACQ GIRDER)~ MARINE GRADE (1 0 2x6 ACC LEDGER (MARINE GRADE) SHEET NAME: GIRDER SYSTEM FLOOR JOIST SYSTEM FLOOR PLAN CROSS SECTIONS ENGINEER: JAMES DEERKOSKI, PE Professionol Engineer 260 Deer Drive Mattituck, NY 11952 631-298-7116 ENGrNEER'S SEAL: OWNERSHIP AND USE OF DRAWINGS: These drowings and specifications including the idees, design end orrengements represented therein, ere the property of Eest End Design Associetes, LLC. No p~rt thereof shall be copied, disclosed to others or used in connection with any work or project ether then for which they have been prepored without written consent of East End Design Associates, LLC, PROJECT NO: 893- 200,~ DRAWN BY: CMA SCALE: AS NOTED DATE: REVISION 01-12-20 SHEET INDEX: A102