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Home My WebLink AboutTR-7239Jill 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 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0560C Date: August 6, 2010 THIS CERTIFIES that the construction of a 4'x86' stairway down the bluff with steps to beach, and a 10' wide non-fertilized pervious buffer to be maintained along each side of and up to the most landward edge of the platform at top of bluff At 5405 The Long Way, East Marion, New York Suffolk County Tax Map # 21-5-14 Conforms to the applications for a Trustees Permit heretofore filed in this office Dated 11/12/09 pursuant to which Trustees Wetland Permit # 7239 Dated 2/24/10 was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the construction of a 4'x86' stairway down the bluff with steps to beach, and a 10' wide non-fertilized pervious buffer to be maintained along each side of and up to the most landward edge of the platform at top of bluff The certificate is issued to JOHN & MARIA ZOITAS owner of the aforesaid property. Jill 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 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: ~- ~'- / O Y~' ~ O f Ch. 275 /// Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1 st day of construction ~ constructed ~//Project complete, compliance inspection. INSPECTED BY: COMMENTS: CERTIFICATE OF COMPLIANCE: PATRICIA C. MOORE, AI'I'ORNEY AT LAW 51020 Main Road Southold, NY 11971 (631) 765-4330 email: pcmoorel @optonline.net / MEMO LETTER AP/ease reply ~ No reply necessary COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: C10-34531 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on09/2212010 under Liber D00012639 and Page 169 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 0912212010 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~pe of Instrument: DECLARATION Number of Pages: 4 Receipt Number : 10-0110746 District: 1000 Recorded: At: 09/22/2010 10:00:54 AM Page/Filing COE TP-584 Cert. Copies Received the Following Fees For Above Instrument Exempt Exempt $20.00 NO Handling $20.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.20 NO RPT $30.00 NO Fees Paid $95.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County LIBER: D00012638 PAGE: 169 Section: Block: Lot: 021.00 05.00 014.000 EXAMINED AND CHARGED AS FOLLOWS Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Page / Filing Fee Handling 20. 00 Deed / Mortgage Tax Stamp FEES TP-584 Notation ~ EA-52 17 (County) SubTotal (~/~/ EA-5217 (State) R.P,T.S.A. CO o Comm. of Ed. 5. O0 Affidavit Certified Copy NYS Surcharge 15. O0 SubTotal Other Grand Total 41 Real l Tax S Ag Verif 6 ! I 1000 02100 0500 014000 ]4 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLDNY 11971 Mail to: Judith A. Pascale, Suffolk County Clerk CoT.~l/ame 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny.gov/clerk Tit e # Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of this instrument. 5 Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved VacantLand TD TD TD Title Company Information Suffolk County Recording & Endorsement Page This page forms part of the attached by: DECLARATION OF COVENANTS (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. JOHN ZOiTAS AND MARIA ZOITAS made TO In theTOWN of SOUTHOLD TOWN OF SOUTHOLD In the VILLAGE or HAMLETof EAST MARION BOXES 6 THRU B MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town T ax Receiver so that you ma), be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January lOth and on or before May 31,. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 (631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N.Y. 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes One Independence Hill Farmingville, N.Y. 11738 (631) 451-9009 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, N:Y. 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Street Southold, N.Y. 11971 (631) 765-1803 dw 2/99 Sincerely, Judith A. Pascale Suffolk County Clerk DECLARATION OF COVENANTS THIS DECLARATION made this~ day of July, 2010, by JOHN ZOITAS AND MARIA ZOITAS, residing at 54-05 The Long Way, East Marion, New York 11939, hereinafter referred to as "DECLARANT(S)": WITNESSETH: WHEREAS, DECLARANT(S) is/are the owner(s) of certain real property located at54-05 The Long Way, East Marion, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 21, Block 5, Lot 14 which is more particularly bounded and described as set forth in Schedule "A" annexed hereto, hereinafter referred to as the Property; WHEREAS, the Property is situated on lands within the jurisdiction of the Board of Trustees of the Town of Southold (hereinafter the "Trustees") pursuant to Chapter 275 of the Town Code of the Town of Southold or its successor, and various activities conducted upon the property may thus be subject to the regulation and approval of the Trustees prior to being conducted; WHEREAS, the DECLARANT(S) therefore made application to the Trustees for a permit pursuant to the Wetlands Law of the Town of Southold to undertake certain regulated activities; and WHEREAS, as a condition of the granting of a Wetlands Permit to undertake such regulated activities, the Trustees required a 10' wide non-fertilized pervious buffer to be installed and maintained along each side of and up to the most landward edge of the platform at top of bluff, and as depicted on the survey prepared by Peconic Surveyors, PC, last dated March 23, 2010, and stamped approved on March 29, 2010. NOW, THEREFORE, the DECLARANT(S) do/does hereby covenant and agree as follows: 1) Upon the substantial completion of the aforementioned permitted activities there shall be established and subsequently maintained a 10' wide non-fertilized pervious buffer along each side of and up to the most landward edge of the platform at top of bluff as defined by Chapter 275 of the Town Code; and 2) These covenants shal~ run with the land and shall be binding on the DECLARANT(S), his/her/their heirs, assigns, purchasers, or successors in interest and may only be modified after a public hearing and upon resolution of the Trustees. IN WITNESS WHEREOF, the owner(s) has/have duly executed this instrument this~0da~y~ of July, 2010. MARIA ZOITAS STATE OF NEW YORK $$: COUNTY OF On the ~,~ ~ day of July, in the year 2010, before me the undersigned, a Notary Public in and for said State, personally appeared JOHN ZOITAS AND MARIA ZOITAS personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity, and that by his/her/their signature(s) on the instrument, the individual or the persons on behalf of which the individual(s) acted, executed the instrument. Notary Public NOTARY PUBUC STATE OF NEW YORK BRONX COUN~f LIC, ~0i AG62086¢3 Peconic Abstract, Inc. Schedule A Description ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot No. 143 on a certain Map entitled, "Map of Pebble Beach Farms, East Marion, Town of Southold, Suffolk County, New York", and filed in the Office of the Clerk of Suffolk County on June 11, 1975 in Liber 7855 at page 09, as amended by Liber 7914 page 40 and Liber 7969 page 272, Map No. 6266. Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Brede. meyer Town Hall, 53095 Main Rd. P.O. Box I 179 S6uthold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction ½ constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES $OUTHOLD, NEW YORK PERMIT NO. 7239 DATE: FEBRUARY 24~ 2010 ISSUED TO: JOHN & MARIA ZOITAS PROPERTY ADDRESS: 5405 THE LONG WAY~ EAST MARION SCTM# 21-5-14 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 February 24, 2010, and in consideration of application fee in the sum of $250.00 paid by John & Maria Zoitas and subject to the Terms and Conditions as stated in th~ Resolution, the Southold Town Board of Trusteas authorizes and permits the following: Wetland Permit to construct a 4'x86' stairway down a bluff with steps to the beach, with the condition that a 10' wide non-fertilized perviOus buffer is to be installed and maintained along each side of and up to the most landward edge of the platform at topof bluff, and as depicted on the survey prepared by Peconic Surveyors, P.C., last datedMarch 23, 2010, and stamped apProved on March 29, 2010. 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. TERMS AND CONDITIONS The Permittee John & Maria Zoitas, residing at 5405 The Long Way, East Marion, New York as part of the consideration for the issuance of the Permit does understand and proscribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town Of Southold. 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. 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 concemed that authorization was originally obtained. 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. The Permittee is required to i~3vide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office 0~.~rn0tice covenant and deed restriction to the deed of the subject parcel. Such eviSe~e shall be provided within ninety (90) calendar days of issuance of this permit. 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. Jill 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 February 24,2010 BOARD OFTOWNTRUSTEES TO WNOFSOUTHOLD Ms. Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: JOHN & MARIA ZOITAS 5405 THE LONG WAY, EAST MARION SCTM# 21-5-14 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, February 24, 2010 regarding the above matter: WHEREAS, Patricia C. Moore, Esq., on behalf of JOHN & MARIA ZOITAS applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated November 12, 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, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6 & 6.3 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: install and maintain a 10' wide non- fertilized pervious buffer along either side of the platform at the top of the bluff, and WHEREAS, a Public Headng was held by the Town Trustees with respect to said application on February 24, 2010, at which time all interested persons were given an opportunity to be heard, and, 2 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 JOHN & MARIA ZOITAS to construct a 4'x86' stairway down a bluff with steps to the beach, with the condition that a 10' wide non-fertilized pervious buffer is to be installed and maintained along each side of and up to the most landward edge of the platform at top of bluff, and as depicted on the survey prepared by Peconic Surveyors, P.C., last dated March 23, 2010, and stamped approved on March 29, 2010. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $ 50.00 Very truly yours, i~. Dohert~'~'~ President, Board of Trustees JMD/eac Jill M. Doherty, president James F. King, Vice-president Dave Bergen Bob Ghnsio, Jr. John Bredemeyer BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 · "--':^n dated/~e~,~b~/o?f ~:~ ~has been ~!!!s~! ~?! pYa!~t~ve~ ~ePii~i~; ~~na; idt eY~Usr c h e cke d below. _~ Revised Plans for proposed proiect Pre-Construction Hay Bale Line inspection Fee ($50.00) 1st Day of COnstruction ($50.00) ~ ._ Y2 Constructed ($50.00) J _ Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) p---~rmit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southoid Town Code. The following fee must be Paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above, COMPt~!~ATION OF PERMIT FE_ ES.: TOTAL FEES DUE: BY: Jill M. DohertY, President Board of Trustees James Eckert, 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., December 9, 2009, the following recommendation was made: Moved by Greta Schiller, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the Wetland Permit application of JOHN & MARIA ZOITAS to construct 4'X 86' stairway down a bluff with steps to the beach. Located: 5405 The Long Way, East Marion. SCTM#21-5-14 Inspected by: Peter Young The CAC Supports the application with the recommendation that the applicant consider realignment to a more favorable gradient and consider shared access with the adjacent property owner. In an effort preserve the bluff, the CAC further recommends the bluff stairs are constructed with erosion control devices at the base of the supports and with best engineering practices. Vote of Council: Ayes: All Motion Carried James F King, President Jill M. Doheriy~ Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr PO Box ] 179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report JOHN & MARIA ZOITAS request a Wetland Permit to construct 4'X 86' stairway down a bluff with steps to the beach. Located: 5405 The Long Way, East Marion. SCTM#21-5-14 Type of area to be impacted: __Saltwater Wetland Freshwater Wetland "Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: ~'~"~hapt.275 Chapt. 111 other Type of Application: '/'"Wetland __Coastal Erosion ._Administrative__Emergency Pre-Submission __ ._Amendment Violation Info needed: Modifications: Conditions: Present Were: __~J.King __J' J/.D. Doherty __P.Dickerson __ D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: O. Bergen//' __ B.Ghosio, New Yo~k State Departme~ of Environmental Conservation D~vision of EnvirOnmentalrmits SUNY @ StOny Brook, 50'Circle Road, Stony Brook, NY 11790-3409 Telephone (631) 444-0366 Facsimile (631) 444-0360 Alexander B. Granni$ Commissioner November 5, 2009 John & Maria Zoitas 5405 The Long Way East Marion, NY 11939 RE: 1-4738-03940/00001 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 conditions contained in the permit to ensure compliance during the term o£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 from the weather. MEP/ls Enclosure Sincerely, M~rson Environmental Analyst DEC PERMIT ~UMBER 1-47~8-03940/00001 FACILITY/PROGRAM NUMBER(S) SAPP PERMIT Under the Environmental Conservation Law EFFECTIVE DATE November 3, 2009 EXPIRATION DATE(S) November 2, 2014 TYPE OF PERMIT · New [] Renewal [] Modification [] Permit to Construct [] Permit to Operate [3 Article 15, Title 5: Protection of Waters E3 Article 15, Title 15: Water Supply [] Article 15, Title 15: Water Transport ~ Article 15, Title 15: Long Island Wells O Article 15, Title 27: Wild, Scenic and Recreational Rivers [] 6NYCRR 608: Water Quality Certification [] Article 17, Titles 7, 8: SPDES [] Article 19: Air Pollution Control [] Article 23, Title 27: Mined Land Reclamation r~ Article 24: Freshwater Wetlands · Article 25: Tidal Wetlands D Article 27, Title 7; 6NYCRR 360: Solid Waste Management [] Article 27~ Title 9; 6NYCRR 373: Hazardous Waste Management [] Article 34: Coastal Erosion Management [] Article 36: Floodplain Management [] Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO John & Maria Zoitas TELEPHONE NUMBER (212) 222-3367 ADDRESS OF PERMITTEE 5405 The Lon~l Wa),, East Marion, NY '11939 CONTACT PERSON FOR PERMITTED WORK Patricia Moore, 51020 Main Road, Southold, NY 11971 ITELEPHONE NUMBER (631/ 765-4330 NAME AND ADDRESS OF PROJECT/FACILITY Zoitas property, 5405 The Long Wa),, East Marion COUNTY I TOWN Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIVITY: WATERCOURSE NYTM COORDINATES Construct a 4' x 86' stairway down a bluff with steps to the beach. All work must be in accordance with the attached survey prepared by John Metzger last revised 10/26/09 and Angel Chorno on 8/28/09 and stamped NYSDEC approved on 11/3/09. 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 (see page 2 & 3) and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: Susan V. Ackerman (MEP/ AUTHORIZED SIGN,¥FURE IADDRESS Region 1 Headquarters, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 IDATE November 5, 2009 Page 1 of 4 SPECIAL coNDiTiONS 1. Alteration of the existing I! the bluff or hill during construction of the stairway is prohibited. 2. The stairway must be elevated a minimum of three feet o~er grade to minim ze distUrbance to vegetation and reduce the potential for causin · . ~P~°,~gr_a,p.h?se. award of the crest of the (too) nf tgh °~ r,_,ac~cele, ra..t.,ng eros,on. Disturbance ofm~, .~°~.[_O_S,s ofth.e.n, atural · y . r. - .... UlU)T or Rill must be restricted to "'~. ,,c~tural ~ege[atJon or · ,,uL. ur [ne sta~rwa as shown on the approved plans, an 8 foot w~de area, including the 3. Projects involving the repair or replacement of an existing stairway or walkway, or sections thereof, shall not exceed t4h. e width °f the exJstJog structure as depicted °n the appr°ved plans °r a maximum °f f°ur (4) feet, whichever is greater. or hill. Storage of construction equipment and materials shall be confined to upland areas, landward of the crest of the bluff 5. Equipment operation below (seaward) of apparent high water is strictly prohibited. 6. 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. 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 notificat on form certifying that they are fully aware of and understand a terms and conditions of this permit. W thin 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· DEC PERMIT NUMBER 1-4738-03940/00001 PAGE 2 of 4 ADDITIONAL GENERAL NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION co B .s Fo. ^.D 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. 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 pui'poses, and no claim or right to compensation shall accrue from any such damage. 3. AIl necessary precautions shall be taken to preclude contamination of anywetland or waterway bysuspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate 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 the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 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 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. 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 survey was prepared by: John Metzger last revised 10/26/09 and Angel Chorno on 8/28/09. DEC PERMIT NUMBER PAGE 3 of 4 SAPP 1-4738-03940/00001 NO]IB~,' ~TION OF OTHER PERMITTEE OBLli'~NS Item A: Permittee Accepts Le~l~esponsibility and Agrees to Indemnifl~n The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Departr0enl of Environmental Conservation of the State of New York, its represe, ntative~, em ployees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities 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 the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, 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 rights provisio? 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 permittee'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 permittee. 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 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 intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the ~ermittee is complying with this permit and the ECL. Such representative may order the work 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 Department. 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 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 the Department or any of the terms, conditions or requirements contained in such order er 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 ~ermit. 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); 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 Brook, NY 11790-3409 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the dght to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) matedally 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; 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. IPAGE 4 OF 4 DEC PERMIT NUMBER 1-4738-03940/00001 SAPP i~ :vv f Uh;r~ ~ I A I ~ U~:P'AI-~ I M~-N I (21- t:NVIRONM ENTAL CONe FRVATION DE~.pERMIT NUMBER FACIlITY/PROGRAM NUmBER(S) PERMI'T Under the Environmental Conservation Law '~ECTIVE DATE_ 07 EXPIRATION DATE(S) TYPe OF PERMIT [] New [] Renewal [] Modification [] Permit to Construct Fi Permit to Operate [] Adicle 15, Title 5: Protection of Waters [] Adicle 15, Title 15: Water Supply [] Adicle 15, Title 15: Water Transport [] Article 15, Title 15: Long Island Wells [] Article 15, Title 27: Wild, Scenic and Recreational Rivers [] 6NYCRR608: Water Quality Certification [] Article 17, Titles 7, 8: SPDES [] Article 19: Air Pollution Control [] A~ticle 23, Title 27: 'Mined Land Reclamation [] Article 24: Freshwater Wetlands ~1, Article 25: Tidal Wetlands [] Article 27, Title 7; 6NYCRR 360: Solid Waste Management E] Adicle 27, Title 9; 6NYCRR 373: Hazardous Waste Management [] Article 34: Coastal Erosion Management [] Article 36: Floodplain Management [] Articles 1, 3, 17, 19, 27; 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO ADDRESS OF PE~MI~EE~ TELEPHONE NUMBER on and stamped 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 (see page 2) and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: AUTHORIZED SIGNATURE ADDRESS Region 1 Headquarters SUNY ~;~ Stony Brook, 50 Circle Road, Stony Brook, DATE NY 11790- 3409 Page 1 of C.LF COASTAL EROSION HAZARD AREA MAP Pholo No. 51 - 609 - 83 SCDHS REF. # RIO-99- 01; SURVEY OF PROPER2 A T EAS T MARION$ TOWN OF SOUTHOL1 SUFFOLK COUNTY, .. 1000-21-05-14 SCALE: l "=60' MARCH 23, 1999 MA ¥' 21, 1999 (revision) AUG. 17, 1999 [ ~S<r seC ) FEB. I, 2000 ( resloke hse wilh spol els. FEB. 8~ 2000 (prop. deck. ) MAR. 28, 2000 NOKI4, 2001 (find) JAN. 9, ~00~ (septic system ) AU6. g4, ~009 (TOPOi OCT. E6~ ~009 (prop. NO TE' SUBSURFACE SERAGE DISPOS~L SYSTEM DESIGN BY' dOSEPN FISCHETTI, P,E. HOBART ROAD SOUTHOLD, N.Y. 119TI (516)' 765 - ~954 ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, EXCEPT AS PER SECTION 7209-SUBDIVISION 2, ALL CERTIFICAFIONS HEREON ARE VALID FOR' THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 'AetOSE SIGNATURE APPEARS HEREON. · -- WONUI~ AREA = 1.2257 Qcres to tie line Lot numbers refer t.o "Pebble Beach F~ Filed in the Suffolk County Clerk's Office- on June 1, 1975 as File No. CONTOURS ARE REFERENq~ ~e C (6.51,) 765 -I P. O. BOX 12~0 TRAVELER SOUTHOLD. N.Y. 11971 99-- '7¥ ~ // /.5' / ~' 8-28-09 - 1000-51-01~14 i 'PROPO;S'ED BEACH ' ~ ' ACCESS STAIR i ZOITAO RESIDENCE ' i[PEBB~E ~CH-SOUTHOLD-NY: CHORNO ASSOCIATES · architects. .. SOUTHOLD, NEW YO~)~. I~MO LETTER PATRICIA C. MOORE, ATTORNEY AT LAW 51020 Main Road Southold, NY 11971 (631) 765-4330 Please reply ~ No reply necessary PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel:(631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsy Perkins Secretaries January 27, 2010 Southold Town Trustees P.O.Box 1179 Southold Town Hall Main Road, Southold, NY 11971 Re: 1000-21-05-14 John & Maria Zoitas Stairs to Beach Dear President Dougherty and Board: Enclosed please find an aerial photograph which was prepared by Peconic Surveyors with the actual distances to the beach. My client has requested beach stairs in order to access their own private beach in front of their sound front home. Presently, they can only access their private beach by traveling one thousand four hundred and two feet (1,402') to the private beach on their own property. This distance is not reasonable to expect homeowners to travel to access their property. The proposed beach stairs require traveling 351 feet to their private beach. Mr. And Mrs. Zoitas have three children and several grandchildren. They prefer to enjoy their own property rather than the community beach for several reasons. They have a private beach, the community beach is open to all the homeowners of the Pebble Beach Farm subdivision, the Pebble Beach Subdivision contains ~q~/~' lots and it is a crowded beach in the summer. The beach stairs will enable the children to enjoy the beach without walking on the road which gets busy in the summer. The private beach is also protected from use by fisherman. The area of the community beach is often occupied by surf cast fisherman enjoying the Long Island Sound. The property to the west is next door to the community beach and this house has their own private access. My client's house is the most easterly located waterfront house in the Pebble Beach subdivision, and the land to the east is undeveloped. They have no access to their own property. My clients respectfully request that the Board grant the permit to construct the beach stairs to access their own private property. The DEC issued a permit for the beach stairs which was approved, as proposed, at the closest point to the beach in order to limit disturbance to the bluff. The bluff is stable and the stairs would be constructed on posts without cement footings, as required by the DEC. Very trut~v yours '~l~atricia C. Moore cc: Mr. And Mrs. Zoitas DISTANCES FROM ACTUAL MEASUREMENTS PECONIC SUVEYORS 1230 TRAVELER ST. (651) 765-5020 SOUTHOLD~ N.Y. 11971 B MAP SHOWING DISTANCES TO BEACH A T EAST MARION SUFF. CO. TAX MAP NO. I000 - ~1 - 05 - /~I NO. SCALE JAN.15~ 2010 PEBBLE BEACH FAt?MS SUFF CO ,N Y PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 January 19, 2010 Town of Southold Board of Trustees Main Road PO Box 1179 Southold NY 11971 RE: John & Maria Zoitas PREMISES: 5405 The Long Way, SCTM: 1000-21-5-14 East Marion Dear President Doherty and Board members: We are hereby requesting an adjournment of the above and have it placed on the February 24, 2010 hearing calendar. The surveyor has not yet completed the distances of the beach access and my clients are out of the country for this month's hearing. me. If you need anything else please do not hesitate to contact Very tru~ - ......... yours, Patricia C. Moore PCM/bp encls. 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 Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: December 14, 2009 Re: Proposed Coastal Erosion Permit and Wetland Permit for SCTM#1000-21-5-14 Patricia C. Moore, Esq. on behalf of requests a Wetland Permit to construct 4'X 86' stairway down a bluff with steps to the beach. Located: 5405 The Long Way, East Marion. SCTM#1000-21-5-14 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 INCONSISTENT with the below Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions The proposed action is not permissible pursuant to §275-11 Construction and operation standards. B. I (j) which states: Individual residential stairs are prohibited on bluffs if the property is part of an association that maintains a common stairway within a reasonable distance. The parcel was created by the Pebble Beach Farms subdivision and the lots within the subdivision are subject to the terms and conditions of the Pebble Beach Farms Homeowners Association. The Pebble Beach Farms Homeowners Association enjoys access to the Long Island Sound over Open Space Parcel E as depicted on the filed plat. The distance is "reasonable" at 226'+ from the subject parcel (as measured from the filed plat). Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the ~'onsistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorn~.y Office Use Only Coastal Erosion Permit Application ~TWetland Permit Application __ Administrative Permit Amendment/Trans(er/Extension ..,/l~ece~ved Application: } ~ ~0~ ~R'6ceived Fee:$ ~2*~ ' ' ~t~6mpleted Application~[]l~_~ __Incomplete __SEQRA Classification: Type 1 Type II__Unlisted__ Coordination:(date sent) 4AC Referral S nt: ~__3~ite of Inspection: ~$~,'~?1O, ' __Receipt of CAC Report: __Lead Agency Determination: Technical Review: ~l~ublic Hearing Held: Resolution: Name of Applicant Address 5 '/05' ~k ~[~¢,0~ Phone Number:( ) Suffolk CounW Tax Map Number: 1000 - ~'/ Prope~ Location: ~0~ ~ ~0~ (provide LILCO Pole ~, distance to cross streets, and location) (If applicable) Address: ff'/07~O ,f)z)~/~ ~rPpC/, ~OIA~t~/O/ tfV./' ///7[ Phone: "7{.a5'-' 0/350 Board of Trustees Application Land Area (in square feet): Area Zoning: /~ - GENERAL DATA Previous use of property: Intended use of property: Prior permits/approvals for site improvements: Agency Date ¥ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? )~ No__ Yes If yes, provide explanation: Project Description (use attachments if necessary):. Board of Trustees Application WETLAND/'IRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Percent coverage of lot: t9 Closest distance between nearest existing structure and upland edge of wetlands: /~.j,.~ feet Closest distance between nearest proposed structure and upland edge of wetlands: /V/d feet Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated?/o~q~ cubic yards How much material will be filled? A//~ cubic yards Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: d,7 feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): PROJECT ID NUMBER 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) PART 1 - PROJECT INFORMATION 1. APPLICANT / SPONSOR 1 2. PROJECT NAME County SEQR 3.PROJECT LOCATION: ~c pality , PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc -or provide mad 5.1S PROPOSED ACTION: [] New r~Expanslon r--~Modtllcationtalterat[on DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: initially · ~// acres Ultimately · ~/ acres 8. WILL PROPOSED ACTION COMPLY VV~TH EXISTING ZONING OR OTHER EESTRICTrONS? ~'-~Yes [] No If no, desc~'ibebrlefly: g. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Chcose as many as apply.) r-'~Resldential []lndus~Ha, r-]Commercial ~---]Ag~iculture [~]Park/Forest/OpenSpace [~Other(dosc~ibe) 10. DOES AC3'[ON INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or LOCal) 11. DOES ANY ASPECT OF THE ACTrON HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ]Yes ~]No If yes, list agency name arid permit / approval: 12. AS A ~E~ULT OF PROPOSED ACTtON WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? ::::]Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ,~ (~(*~ ~/'~'-~ Date: If the action is a Costal Area, and you ara 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 617.47 it yes, ccordlnate the review process and use Ihs FULL FAF. B WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 6t7.67 If No, a negate declaration may be superseded by another Involved agency, I'--IYes E]No c. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, sudsce or groundwater quality c~ quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or tioodleg problems? Explain briefly: l C2. Aesthetic, agriculiaral, amhaeoiagleat, historic, or other natural or Cultural msource~i'~- community or neighborheeq character? Explain C3. Vegetati~l or fauna, tish, sheflfish or wildiife species, significant habilal~i or thmaianed (~ endangered spec~ss? Explain bndtiy: C4. A commually s ex, sting plans or goals as officialty adopted, or a change in use or Intens~y of use of land or olher nalural resources? Explain bnefly;. ! C5. Growth, subsequent development, or related activities likely to be Induced by the proposed action? Explain briefly: I I C7. Other impacts (id~i~li'r~g'~s In use of either qu a~ty ~-i~" ~i ;~g~--~,~piain D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL E. IS THERE, OR IS THERE LIKELY TO I~Et CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVtRONMENTAL IMPACTS? E yea explain: PART III. D~: ~ teRMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reschadversee~ectidenti~edabeve~determinewhetharit~ssubstant~a~Ierge~imp~rtant~r~tha~wices~gni~ant~ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (t) magnitude. If necessary, add attachments or reference supporting materials. Ensure that expiar~atioes coniaia suffic~ent detail to show that all relevant adverse impacls have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the poter~tial impact of the proposed action on the environmental characteristics ol'the CEA. check [his box if you have identified one or more potendatiy large or significant adverse impacts which MAY occur. Then proceed directly iD the FULl detem'tination. ~'~/ ,7.~ (jlgnature of Rssp~sible Officer ~l..eed Ag enc~j Title of Responsible Offmer ~lgnatura of Preparer (if different trom responsible officer) BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of JOHN & MARIA ZOITAS AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-21-5-14 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing at 370 Terry Lane, Southold, New York being duly swor~; depose and say that: On the day of December, 2009, I personally posted the property known as 5405 The Long Way, East Marion New York by placing the board of Trustees official Poster where it can easily be seen, and that I have checked to be sure the post has remained in place for eight (8) days prior to the date of the public hearing. Date of Hearing to be held on Wednesday, December 16, 2009 on or about 6:00 p.m. Swo~m to before me this day of December, 2009 BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of JOHN & MARIA ZOITAS Applicant's Land Identified as 1000-21-5-14 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING I, Betsy Perkins, residing at Mattituck, New York, being duly sworn, depose and say that: On the I ' day of December, 2009, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the neighbors on the attached list. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. i tsy Perkins/.') gnature) Sworn to before me this \ day of December, 2009. / (N~tary Public) MARGARET C. RUTKOWSK! Notary public, State o! New York No 4982528 Qua ified in Suffolk Coun~ CommiSsion Exp reS June 8, "' ~_..~ I I PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. ZOITAS NEIGHBOR LIST SCTM: 1000-21-5-14 CHARLES & STACEY LEVAS 41 WILLIAM STREET GLENHEAD NY 11545 SCTM: 1000-21-5-13 CHRYSSIADIS 19 INDIA LUCIE PKWY STEWART FL 34996-6625 SCTM: 1000-21-5-14 SY & CATHERINE GHASSEMI PO BOX 20 LYNBROOK NY 11563 SCTM: 1000-31-1-1.1 RECEIPT 71926463311000005701 FROM: pATRICIA C MOORE ESQ RE~ J Zoot as Trustees hearing SEND TO: CHARLES & STACEY LEVAS 41 INtLLIAM STREET GLENHEAD NY 11545 FEES: TOTAL $ 5.54 POSTMARK OR DATE RECEIPT 7192 6463 31 lO oooo 5718 FROM: PATRIClA C. MOORE ESQ SEND TO: KATHERINE CHRYSSIADIS 19 INDIA LUCIE PKWY STEWART FL 349¢J6~625 FEES: Postage 0 ~4 TOTAL $ 5.54 POSTMARK OR DATE RECEIPT 7192 6,463 3110 0(~0 5725 FROM: PATRIC~A C MOORE ESQ RE; J Zoilas Tfusteas hearing SEND TO: sY & CATHERINE GHASSEMI PO BOX 20 LYNBROOK NY 11563 FEES: Postage 0 44 TOTAL $ 5.54 POSTMARK OR DATE P, ATRICIA C. MOORE Attorney at Law 5 ! 020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (63 l) 765-4643 December 1, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: JOHN & MARIA ZOITAS PREMISES: 5405 The Long Way, SCTM # 1000-21-5-14 East Marion Dear Neighbor: I represent the above with regard to property located on 5405 The Long Way, East Marion, New York. They have submitted an application to the Southold Town Board of Trustees to construct 4' X 86' stairway down a bluff with steps to the beach. A copy of the Hearing Notice is enclosed together with a copy of a portion of the site plan. The hearing on this matter has been scheduled for WEDNESDAY, DECEMBER 16, 2009 on or about 6:00 p.m. at Southold Town Hall. If you have any questions, or you wish to support this application, please do not hesitate to contact me. Thank you. Ve~yL.~r~ul~yours, Moore PCM/bp enclS. C: Mr. & Mrs. John Zoitas Angel Chorno, Architect COASTAL EROSION HAZARD LINE FROM COASTAL EROSION HAZARl) AREA ~°hoto~ No. 51 - 609 ~ 83 # R10- 99- 0~12 SURVEY OF PROPERTY AT EAST MARION TOWN OF SOUTHO£D SUFFOLK COUNTY , N. 7 tO00-£ t -06- t4 SC.4I.,.E: t"=60' NO · AREA = 1.2257 Ocres to fie line P 0. BOX 909 ~230 TRAVEL£R Si SOU THOLD. N. Y. 11971 9-14 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that apublic hearing will be held bythe SOUTHOLD BOARD OF TRUSTEES at the P~oad Town Hall, 53095 Main , Southold, New York, concerning this property. OWNER(S) OF RECORD'.)[)t~I~"I~io. "?.~~ SU~BJECT OF PUBLIC HEARING.~~w.~ · ~ ~.~ ~ .~,~ ~.~0 TIME & DATE OF PUBLIC HEARING: If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631 ) 765-1892 Board of Trustees Application County of Suffolk State of New York DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRiBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW~_.OF- APPLICATION. SWORN TO BEFORE ME THIS / / DAY OF ~ 0U ,20 O~ 89/28/2889 16:12 2125801~.~0 09/Zl/ZO09 09;41 FAX 651 76W48 WSMKTS MOORE LAW OFFI'CES PAGE 81 ~oo~ John & Mafia Zoitas 5405 Thc Long Way East Maxion NY 11939 July 8, 2009 Patficia C, Moore, Esq. 51020 Main Road SoulhoM, NY 11971 Dear Ms. Moore: We, John Zoitas and Maria Zoitas, hereby authorize you to make any and all applications and appea~ on my behalf to the Southold Town Board, Southold Town Zoning Board of Appeals, SotuhoM Town Board of Trustees, New York Sta~e DEC and any other necessao, agencies on my behalf regarding property loomed at 5405 The Long Way, Eastd Marion, New York 11939, sctm: 1000-21-5-14 Very truly yours, Ma~ia Zoitaa LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. * Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 21-5-14 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees X~ 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: construct Beach Stairs to access Long Island Sound John & Maria Zoitas Location of action'. 5405 The Long Way, East Marion Site acreage: 1.2257 acres Present land use: residential Present zoning classification: R-40 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: John & Maria Zoitas (b) Mailing address: 5405 The Long Way, East Marion (c) Telephone number: Area Code ( 212 )222-3367 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes XNo If yes, which state or federal agency: DEVELOPED COASTPOLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes dverse effects of development. See LWRP Section II1 - Policies; Page 2 for evaluation criteria. XYes No Not Applicable Construction of access to beach consistent exempt from LWRP Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No XNot Applicable Existing developed site- fully developed area. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes No XNotApplicable Attach additional sheets if necessary Beach Attach NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes No XNot Applicable Stairs are exempt from LWRP additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No XNot Applicable - no discharge permitted Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No XNot Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No XNot Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes No XNot Applicable- no hazardous waist from pool PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section 1II - Policies; Pages 38 through 46 for evaluation criteria. Yes No XNot Applicable- private beach access Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. XYes No Not Applicable property is a waterfront parcel with a single family dwelling under construction. Beach stairs exempt from LWRP Attach additional sheets if necessary Policy 11. Promote sustainable use ofliving marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. XYes No Not Applicable Bluff face and toe are stable and vegetated. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No XNot Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No XNot Applicable PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (63 l) 765-4330 Fax: (63 l) 765-4643 November 11, 2009 Town of Southold Board of Trustees Main Road PO Box 1179 Southold NY 11971 RE: John & Maria Zoitas PREMISES: 5405 The Long Way, SCTM: 1000-21-5-14 East Marion Dear President King and Board members: Enclosed please find and original and 2 copies of an application for a Wetlands permit for beach stairs together with my check for the filing fee. Also attached is the NYS DEC permit & approved plan. Please place this on your next available calendar. me. If you need anything else please do not hesitate to contact ~P-~%ricia C. Moore PCM/bp encls. COASTAL EROSION HAZARD AREA MAP Photo No. 51 - 609 - 83 SCDHS REF. # R10- 99- 017 , SURVEY OF PROPER2 AT EAST MARION TOWN OF SOUTHOLi SUFFOLK COUNTY, 1000-21-05-14 SCALE: 1"=60' MARCH 23, 1999 MA Y 21, /999 (rev/s/on) ~qU6. 17, 1999 [ Mk se~ ) FEB. I~ 2000 ( res/eke flse witfl spol els. FEB. 8, 2000 (prop. deck. ) MAR. 28, 2000 (fb~ndoUo;~) NOV. 14~ 2001 (flnol ) JAN. 9~ 2002 (septic syslem ) AUG. 24~ ~009 (TOPOI OCT. g6~ ~009 ~rop. sfrolrs) AppgOVED AS PF,~ q'uaMs : NO TE' SUBSURFACE SEWAGE DISPOSAL SYSTEM DESIGN JOSEPH FISCHETTI, P.E, HOBART ROAD SOUTHOLD, N.Y. 11971 (516f 765 _ 2954 I am fa~ '~ the ~l',A.~ ~ aJ*.I,J~OVA.L ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAtZ EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAIl) MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. AREA = 1.2257 acres to tie line Lot numbers refer [o 'Pebble Beach Fa~n~ Filed in the Suffolk County Clerk's Office on June 1, 1975 as File No~ CONTOURS ARE REF£REN.C~.~?~ (631) 765 / P. O. BOX 12,30 TRAVELER SOUTHOLD, N.Y. 11971 COASTAL EROSION HAZARD LINE FROM COASTAL EROSION HAZARD AREA MAP Pholo No. 51 - 609 - 85 SCDHS REF. # I~I0-99- 0112 and om t.bo pm'mi to eeust.ruet. SURVEY OF PROPERTY A TEA ST MARION TOWN OF SO UTHOLD SUFFOLK COUNTY , N.Y. 1000-2. 1-06-14 SCALE: I "=60' MARCH 23, 1999 M,~ Y ,21~ 1999 ( revision ) AUG. 17~ 1999 [ at~ set ) FEB. /~ RO00 FEB. ~ MAR. ~8~ 2000 (fb~ndoffon) NOV, 14~ 2001 (final JAN. 9~ 2002 (septic system ) AUG. ~4~ ~009 OCT. ~6~ ~009 :.,?PROVED BY DARD OF UV'/N OF SOUTHO.D NO TE* SUBSURFACE SELVAGE DISPOSAL SYSTEM DESIGN BY* JOSEPH FISCHETT6 P.E. HOBART ROAD SOUTHOLD, N.Y. 11971 (516)' 765 - E954 ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAM EXCEPT AS PER SECTION. 7209-SUBDIVI$10N 2 ALL CERTIFICATIONS HEREON ARE VALID FOR' THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON, · = luONUMEh"Y AREA = 1.2257 acres to tie line Lot numbers refer to ;Pebble Beach Filed in the Suffolk County Clerk's Office on June 1, 1975 as File No. 6~66. ~.~'"~[~. .~.URS ARE REFERENCED TO NGVO. / /-:-' ~ ""k-'- ..,' / -~--: --:,. -, \ :': /'._~B~i) 765 - 5020 FAX r65~ I 76.~ - i797 "'4 "-'L~.k~-~?37.~'/1250 TRAVELER STREET ~"~ '-'-~"'/ SOUTHOLD, N Y 11971 ~.,~,~ ~ z~. 1 i~ ! ! '~ 8-28-00 '- - 1000-51'-01;14 'pROPO~'ED BEACH " · ZOlTAS RESIgENCE ' .~EB.B~E, B~CH;~U~OLD.NY: cHoRN0 ASSOCIATES ' amhlte~t~ I ? SOUTHOLD, N~ YO~k.