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Home My WebLink AboutZarbis, Emmanuel & Catherine OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southotd, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD Jim King, President Town of Southold Board of Trustees Mark Terry, October 15, 2007 From: Date: Principal Planner ~ LWRP Coordinator OCT 15 2007 Re: Proposed Wetland Permit for EMMANUEL & CATHERINE ZARBIS SCTM#94-1-12.2 EMMANUEL & CATHERINE ZARBIS requests a Wetland Permit & Coastal Erosion Permit for the as-built splash pad approx. 6'X 102' with small stone approx. 2" deep over filter fabric; as-built retaining wall approx. 102'LX 1 'D X 15"H dry-staked, constructed of I course of 8" concrete pavers set 2" below grade, 1 course of 6" concrete pavers and 1 course 2.5" concrete cap; 8000 beach grass plugs planted approx. 1 'on center in mesh cloth over face ofblufl; approx. 100'X 100'; and inkind/inplace replacement of pre-existing 4'X 72' wood steps and 5'X 12' wood landing (top), 5'X 8' wood landing (mid) and 7'X 12' wood landing (bottom) and 6 steps to grade. Located: 2505 Soundview Ave., Mattituck. SCTM#94-1- 12.2 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 denoted following Policy Standards and therefore is INCONSISTENT 'n 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. 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 Board of Trustees issued a permit on April 19, 2006 to construct a 120' retaining wall, backf'dl blown out face of bluff, replant, and construct one to three ton stone toe armor. The as-built splash pad and retaining wall construction does not fully conform with that outlined in the permit conditions. Further~ the 5'X 12' wood landing (top)~ 5'X 8' wood landing (mid) and 7'X 12' wood landing (bottom) are not permitted pursuant to Chapter 275-6. Decks and platforms. No decks or platforms shah be permitted on or near bluffs. Platforms associated with stairs maF not be larger than 32 square feet. [Amended 10~11-2005 bl~ L.L. No. 17-2005! Please require that the applicant amend the application to meet the above policy to the greatest extent practical. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Kieran Corcoran, Assistant Town Attorney Emmanuel & CathY-fine Zarbis 2505 Soundview Avenue, Mattituck SCTM # 1000-94-1-12.2 Office Use Only ~oastal Erosion Permit Application ~Wetland Permit Application __ Administrative Permit Amendment/Trans fer/ExteI~sion --~eceived Application:~ -~ompleted Applicaii~n q Incomplete SEQRA Classification: Type I Type II Unlisted Coordination:(date sent) ,G'AC Referral Sent: q ~ ofh, specC on: ! Receipt of CAC Report: Lead Agency Determination:__ Technical Review: l~l~lic Hearing Held: iOJ Resolution: Name of Applicant EMMANUEL & CATHERINE ZARBIS Address 164-09 32N° AVENUE, FLUSHING NY 11358 Phone Number:( ) 718 461 6373) Suffolk County Tax Map Number: 1000- 94-1-12.2 Property Location: 2505 SOUNDVIEW AVENUE, MATTITUCK (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 Re: Emmanuel & Ca h~-dne Zarbi$ 2505 Soundview Avenue, Mattituck SCTM # 1000-94-1-12.2 Land Area (in square feet): Area Zoning: R.40 Board of Trustees Application GENERAL DATA 41,t84.1 Previous use of property: Intended use of property: SINGLE FAMILY DWELLING SINGLE FAMILY DWELLING Prior permits/approvals for site improvements: Agency Date NYSDEC 1998 SOUTHOLD TRUSTEES Permit #4980 1998 __ 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).' 1. "As built" splash pad approx.6' x 102'. Small stone approx. 2" deep over filter fabric. 2. "As built" retaining wall approx. 102' L x 1' D x 15" H dry-stacked, constructed of I course of 8" concrete pavers set 2" below grade, 1 course of 6" concrete pavers and I course 2.5" concrete cap. 3. 8000 beach grass plugs planted approx 1' o.c. in mesh cloth over face of bluff, approx. 100' x 100'. 4. IlK lip replacement of pre-existing 4' x 72' wood steps and 5' x 12' wood landing (top), 5' x 8' wood landing (mid) and 7' x 12' wood landing (bottom) and 6 steps to grade. Re: Emmanuel & Catherine Zarbis 2505 Soundview Avenue, MattJtuck SCTM# 1000-94.1-12.2 Board of Trustees Application Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the propos~[ operations: RESTORATION OF DAMAGE TO SOUNDFRONT BLUFF THAT OCCURRED AS A RESULT OF LANDSLIDE DURING THE OCTOBER 2006 STORMS Area of wetlands on lot: 0 .square feet Percent coverage of lot: 0 % Closest distance between nearest existing structure and upland edge of wetlands: 1t8' Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated? 0 cubic yards How much material will be filled? 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: 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 ADVERSE IMPACT ON THE WETLANDS AND TIDAL WATERS OF THF TOWN HAS RESULTED. THE ACTIVITY WAS UNDERTAKEN TO RESTORF AND THEREBY PRESERVE THE SOUNDFRONT BLUFF TO THE EXTENT PRACTICAL. ULTIMATELY, BLUFF RESTORATION IS INTENDED TO PREVENT SILTATION AND THE FLOW OF EARTHEN MATERIAL INTO THF WATERWAYS. Re: Emmanuel & Cat~dne Zarbi$ 2505 Soundview Avenue, Mattituck SCTM # 1000-94-1-12.2 Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: BLUFF RESTORATION and EROSION CONTROL Are wetlands present within 100 feet of the proposed activity? No X Yes Does the project involve excavation or filling? No Yes If Yes, how much material will be excavated? ~ (cubic yards) How much material will be filled? (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attaehmants if necessary) NO ADVERSE IMPACT TO THE ENVIRONMENT IS ANTICIPATED AS A RESULT OF THE ACTIVITY THAT WAS UNDERTAKEN TO RESTORE ANn THEREBY PRESERVE THE SOUNDFRONT, BLUFF TO THE EXTENT PRACTICAL. UPON INSPECTION~ IT IS APPARENT THAT THE ACTIVITY HAS BEEN BENEFICIAL IN THAT THE BLUFF HAS STAB!LI~'I=D AND THF VEGETATION PLANTED ON THE BLUFF IS WELL ESTABLISHED AOJECT ID NUMBER // PART 1 - PROJECT INFORMATION 1 APPLICANT / SPONSOR 61720 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 SEQR 3.PROJECT LOCATION: Municipali[y PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc - or provide map 5. IS PROPOSED ACTION: [] New [] Expansion [~Modiflcation / alteration 6. DESCRIBE PROJECT BRIEFLY: ilk 7. AMOUNT OF LAND AFFECTED: f Initially <' / acres Ultimately 4~ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? r~Yes [] No If no, describe briefly: 9 WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ~-'~Residential r'--]lndustria, E~commercia, E~]Agricultu,e ~"~ParklForesl/OpenSpace E~Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) E~Yes E~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 EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? E~es [~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/ 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 617.47 If yes, coordinate the review process and use the FULL EAF E~]TM E~No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617,67 If No, a negative declaration may be superseded by another involved agency E3Yes F1No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1 Existing air quality, surface or groundwater quality or quantity, noise levels existing traffic pattern solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. C3~ P p a n briefly ources Explain bnefly C5 Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term short term cumulative or other effects not iden fled in C1-C5'~ Explain briefly: C70~ig- ?__Ex bin briefl: D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT OAUSED THE ESTABLISHMENT OF A CRITIOAL ENVIRONMENTAL AREA IOEAt? Ill yes, explain briefly: E IS THERE, OR 18 THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE~NVIRONMENTAL IMPACTS? If es ex lain' ¥ P E~Yes [] No 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 significanL Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration, Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actior WiLL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thL~ determination Name of Lead Agency Date Title of Responsible Officer Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from responsible officer) Emmanuel & Catherine'?this 2505 Soundview Avenue, Mattituck SCTM # 1000-94-1-12.2 County of Suffolk State of New York Emmanuel and/or Catherine Zarbis 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 1N 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 ARRISING 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. Sworn to before me this .3 ~ day of Notary Public 200.2. DAN D. Notary Public, State of New York No. 01KI6169466 Qualified in Queens County Commission Expires Jun. 25, DAN D. KlM Notary Public, State of New Yo~k No. 01K16169466 Qualified in Queens County Commission Expires Jun. 25, 20[ Re: Emmanuel & Cathedne~is 2505 Soundview Avenue, Maffituck SCTM # 1000-94-1-12.2 AUTHORIZATION We, Emmanuel & Catherine Zarbis, residing at 164-09 32n" Avenue, Flushing NY do hereby authorize Catherine Mesiano, Inc. to apply for permits from the Southold Board of Town Trustees on our behalf. Emmanuel Zarbis Cat Date'. DAN D. KlM NOtary Public, State of New York ,No. 01KI6169466 Qualified in Queens County Commission Expires Jun. 25, 20 Sworn to before me this -.~ ? day of '~-~'~ , 200._.~. Notary Public DAN D. KlM Notary Public, State of New York Ncl. 0l K16169466 QuaI~tied in Queens County Commission Expires Jun, 25, 2011 Re: Emmanuel & Catherine ~a~is 2505 Soundview Avenue, Mattituck SCTM # 1000-94-1-12.2 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 infom~ation which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Emmanuel and/or Catherine Zarbis NATURE OF APPLICATION: (Check all that apply.) Tax gdevance Vadance Change of zone Approval of plat Exeml~ion from plat or official map Other (If "Other," name the activity) Wetlands oermit 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, director, partner, or employee of the applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this o~¢'~ day of _~ Signature .~///.,, ' "'~.~,~ 2oo 7 HERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631-878-8951 e-mall: cmeeiano~optonllne.net September 25, 2007 Jim King, President Southold Board of Town Trustees Box 1179 Southold, NY 11971 Re: Emmanuel & Catherine Zarbis 2505 Soundview Avenue, Mattituck SCTM # 1000-94-1-12.2 Dear Mr. King: I am the agent for the above referenced applicant. A violation was issued for an Was built" retaining wall approx. 102' L x 1' D x 15" H dry-stacked, constructed of 1 course of 8" concrete pavers set 2" below grade, 1 course of 6" concrete pavers and 1 course 2.5" concrete cap. The applicant is also seeking approval for I/K I/P replacement of pre-existing 4' x 72' wood steps and 5' x 12' wood landing (top), 5' x 8' wood landing (mid) and 7' x 12' wood landing (bottom) and 6 steps to grade. Enclosed please find the following: 1. Wetlands Permit Application 2. Coastal Erosion Permit Application 3. LWRP Consistency Assessment Form 4. Consent 5. Release 6. Disclosure 7. Topographic surveys of the site dated 2/1/06 8. Plan 9. Application fee. Should you require any additional information, please do not hesitate to contact me. Thank you for your attention to this matter. Catherine Mesiano President Enclosures Cc: Edc J. Bressler, Esq. Re: Emmanuel & CatheTl~'e Zarbis 2505 Soundview Avenue, Matfituck SCTM # 1000-94-1-12.2 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 ~lrea 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# 100094-1 - 12.2 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. X Board of Trqsteesh. 1. Category of Town of Southold agency action (check appropriate respo~e): (a) Action undeFtaken directly by Town agency (e.g. capital constmctinn, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit~ approval~ license~ certification: Nature and extent of action: 1. "As built" splash pad approx. 6' x 102'. Small stone approx. 3' deep over filter fabdc. 2. "As built" retaining wall approx. 102' L x 1' D x 15" H constructed of 1 course of 8" concrete pavers set 2" below grade, 1 course of 6" concrete pavers and 1 course 2.5" concrete cap. Materials dry-stacked and secured with %" rs-bar. 3. 8000 plugs Ammophila breviligulata planted approx 1' o.c. in mesh cloth over face of bluff, approx. 100' x 70'. 4. I/K liP replacement of pre-existing 4' x 72' wood steps and 5' x 12' wood landing (top), 5' x 8' wood landing (mid) and 7' x 12' wood landing (bottom) and 6 steps to grade. Emmanuel & Cathe~e Zarbis 2505 $oundview Avenue, Mattituck SCTM # 1000-94-1-12.2 Location of action: 2505 Soundview Avenue, Mattituck Site acreage: .945 Present land use: sinflle family dwellinfl Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Emmanuel & Catherine :~arbi$ (b) Mailing address: 164-09 32nd Avenue, FlushinR NY 11358 (c) Telephone number: Area Code 718 461 6373 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes N._~o If yes, which state or federal agency?. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastruclure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section m- Policies; Page 2 for evaluation criteria. Yes No Not Applicable Construction of a stairway and bluff stabilization at this site is consistent with the current standards and has no impact on the ~pattern of development in the town". Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section IH - Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable The proPOsed project is not located near any histodc sites or districts. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. Sec LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes No Not Applicable There are a number of stairways on the bluff and the subiect stairway is pre-existin.q. The value of bluff restoration, in my opinion, far outwe .qhs any aesthetic values. Re: Emmanuel & Cathe--i~ne Zafois 2505 Soundview Avenue, Mattituck SCTM # 1000-94-1-12.2 NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section m- Policies Pages 8 through 16 for evaluation criteria Yes No Not Applicable I/K liP replacement of pre-existin~:l stairway is proposed. The retainintq wall and splash pad is specifically for the purpose of minimizing loss of life, structures, and natural resources from flooding and erosion. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section HI - Policies Pages 16 through 21 for evaluation criteria Yes No Not Applicable The subject site is developed with a single family dwellin~l. Policy 5 has no relevance to reolacement of the stairway or bluff stabilization/restoration. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable Replacement of the stairway and bluff stabilization/restoration is specifically intended to protect and restore the quality and function of the Town of Southold ecosystems. Policy 7. Protect and improve air quality in the Town of Southoid. Sec LWRP Section Ill - Policies Pages 32 through 34 for evaluation criteria. Yes No Not Applicable Policy 7 has no relevance to replacement of the stairway or bluff stabilization/restoration. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. Sec LWRP Section m - Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Applicable Policy 8 has no relevance to replacement of the stairway or bluff stabilization/restoration. 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 ~I - Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Applicable Construction of a stairway and bluff stabilization will have no impact on public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Emmanuel & Cath~ne Zarbis 2505 Sounc~view Avenue, MattRuc~ SCTM # 1000-94-1-12.2 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 m- Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 10 is relevant to replacement of the stairway or bluff stabilization/restoration. 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. Ye.._~s No Not Applicable It does not appear that Policy 11 is relevant to replacement of the stairway or bluff stabilization/restoration, Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section IH - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 12 is relevant to replacement of the stairway or bluff stabilization/restoration. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section IlI- Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 13 is relevant to replacement of the stairway or bluff stabilization/restoration. 10/16/2007 16:36 17184561989 ROB FRAUHDORFER PAGE 01/03 TO: ]ames F, King, .lr., President $outhold Town Board of Tcustees Fax #: 65:!.-765-6641 From: Robert L. Fraundo~fer Date: ~.0/16/2007 Re: Zarbis/'rrlades Permit Hearing Cc: Loft Hontefusco Southold Town Attorneys Office Pages: 3 Incl. cover sheet Cc: Richard Ferricjgl Law Offices of Albanese & Albanese r~ Urgent ][~ For Review [] Please Comment ~ Please Reply ~1 Please Recycle Dear Mr, King, Pursuant to our phone convematlon on 10/1~/2007, ! em faxlng you a letter from my sister ]ngrid Halley, to be road into the record at the Zarbls/Trlades Permit hearing on ~.0/t7/;~007. ! would like to thank you for taking the time to discuss this matter with me from your home. ! do app~eclate your dedication and professlonellsm with regard to this metter. Hr. King~ ! would appreciate If you, or someone from your offlce~ would call me on my cell phone (917) 66:~-:1.866 to confirm having received this fax, Once again, thank you. OCT 1 7 BoBrd of Trustees 10/1G/2007 16:36 17184§G1989 ROB FRAUHDORFER PAGE 02/03 O~tober 16, 2007 INGRID C. MALLEY 46-15 ]9~th Street Flushing, NY 11358 Home: (718) 357-9708 Mobile: (917) 335-8433 OCT I 7 ;%7 Southhold Town Board of Trustees Southold Town Board of Trustees ATTN: Mr. James F. King, Jr., President Town Hall Annex Building 54375 Route 25 Southold, NY 11971 Re: Permit for Triades/Zarbis Mattituck Prooertv Dear Mr, King: My name is In.grid Mallcy and I own the property located at 2635 Soundview Avenue, Mattituck, NY 11952, which is located immediately to the East of the Triede~/Zarbis property. Yesterday, I received a certified letter from Catherine Mesiano, an agent of thc owner*, outlining bluff construction on said propmy. Unfommately, due to short notification, I am unable to attend the Board meeting, scheduled for 10/17/2007, but would like this letter voicing my concerns entered into the record. As anyone associated with waterfront property knows, the process for constructing anything on thc water is not only an expensive proposition, but time consuming as well when you factor in the permit acquisitions and construction. Over the past 8 or so years, I have invested close to $100,000.00 to restore my bluff, including bulk heading, filling, planting, surveying and acquiring thc proper p~nnits and authorization to do so. Mr. King, as you and the Board are already aware, construction of a secondary retaining w~ll, utilizing pavers and sod, was coropl~ted on thc TriMes/Zarbis propmy, without proper authorization despite the cautioning you gave Mr. Zarbis in terms of not proceeding with his plans. I am not certain as to how far west this wall hms but. it does terminate at rny property line. Several months ago while my brother, Robert Fraundorfer, was at the house, he observed a washout of fill on my bluff, directly adjacent to the secondary wall. At thc time, he phoned Tend Triades and expressed his concern regarding this condition and the placement of the wall. He informed mc that his call was met with pure animosity, with Mr. TrJades, with regard to the washout, stating, "So what?? You destroyed my bluffwhen you put in your bulkhead and I didn't complain." If need be, my brother stated he would be more than willing to submit a letter regarding the incident. In addition, from another legal standpoint, it is my understanding that only a home owner cao petition and apply for a permit. The letter I received lists Emmanuel and Catherine 10/16/2007 16:36 171B4§~1~89 ROB FRAUNDORFER PAGE Zarbis as the property owners, yet, according to the Suffolk County Tax Assessors O~ce, the rightful owners of thc property in qucs6on are Terri and Frances Tdades, and only their names are listed on the deed. My primary concern Mr. King, is that the consuuction of that secondary wall, is having a negative impact on my bluff, in the form of washing out thc newly placed/ill and plantings, thereby rendering the west side of my bluff unstable over time, negating the costly inves~netlt I have made i~. my property. In addition, no studies, to my Imowledgc, were conducted to gauge the impact of such a stcucturc on the surrounding properties. Farthcrmore, permission to construct this wall was never given by any author/fy, nor was the work carried out by any professional source. Mr. Zarbis placed the cart before the horse by constructing ti'ds wall w/tbout thc permission of the Trustee's and the Deparmlent of Bnvironmental Conservation, to say nothing of Ms utter disregard for its impact on Ms neighbor's propcrty. The fact that hc is now applying for a permit, in order to legitimize, the alrcady completed construction, serves only to make a mockery of not only the Board, but, the entire permit acqu/sition process as well Ordinances and laws are instituted to protect the interests of all concerned, not just a fcw. If this pemfit is approved, it serves only as a slap in thc face to all Southold Town residents who ctiligeritly, respectfully, and legally go about their daily lives. It is my hope, that g~ven the circumstances, unccrtaintJes and underhandedness of these actions, especially the willful disregard of Town ordinances and the circumventing of legal procedures, the Trustees will vote to disapprove the pcrmJt and have Mr. Zarbis rcrnove th. is structure before my bluffsuffers anymore damage with the approaching winter thank you for the opportunity to express my conccms regarding this matter. Respectfully, cc: Loll Montefusco, Southold Town Attorneys Office Richard Ferriggi, Law Offices ofAlbanese & Albanesc Jotes: 4738-02085/00001 land subsequent amendment) and Soul. old Tru~ees Wetlands Pem~ 1s4980. I/K I/P replacement of p~e-existJng 4' x 72' Wood landing Imid} and 7' x 12' wood landing (bottomJ CATHERINE MESIANO, 1NC. 12 MILL POND LANE ~ E. MORICHES, NY 11941)~1222 .i EMMANUEL & CATHERINE ZARBIS 2505 SOUNDVIEW AVENUE, MATTITUCK SCTM # 1000-94-I-12.2 Jotes: steps and 5' x 12' Wood landing Imp), 5' x 8' wood CATHERINE MESIANO, 1NC. 12 MILL POND LANE ~, E. MORICHES, NY 11940t1222 ,J 4738-02085/00001 (and subsequent amendment) steps and S' x ! 2' Wood landing (rap). 5' x 8' wood landing (mid] and 7' x 12' wood landing ./ CATHERINE MESIANO, INC. 12 MILL POND LANE ~ E. MORICHES, NY 11940~12~ James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New- York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Work session Report Date/Time: /~ ]]~3} O'-] Catherine Me~i~nb~ Inc~ on behalf of EMMANUEL & CATHERINE ZARBIS requests a Wetland Permit & Coastal Erosion Permit for the as-built splash pad approx. 6'X 102' with small stone approx. 2" deep over filter fabric; as-built retaining wall approx. 102'LX I'D X 15"H dry-staked, constructed of 1 course of 8" concrete pavers set 2" below grade, 1 course of 6" concrete pavers and 1 course 2.5" concrete cap; 8000 beach grass plugs planted approx. 1 'on center in mesh cloth over face of bluff, approx. 100'X 100'; and inkind/inplace replacement of pre-existing 4'X 72' wood steps and 5'X 12' wood landing (top), 5'X 8' wood landing (mid) and 7'X 12' wood landing (bottom) and 6 steps to grade. Located: 2505 Soundview Ave., Mattituck. SCTM#94-1-12.2 SSe of area to be impacted: '//Sound altwater Wetland Freshwater Wetland Bay Distance of proposed work to edge of above: Part of Town Code proposed work falls under: ~Chapt.275 Chapt. l 11 other Type of Application: lnfo needed: ~/'Wetland __Emergency ~-~ ~ ~eC$ Coastal Erosion __Amendment __Administrative Pre-Submission Violation Planning . ~Art~ Modifications: Conditions: PreseBt Were: vj.King oherty P.Dickerson Bergen~ B. Ghosio, Jr .Cusac~'- D. Dz~-nkowski ~MarkTerry other Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician Review Donald Wilder, 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., October 10, 2007, the following recommendation was made: Moved by Don Wilder, seconded by James Eckert, it was RESOLVED to SUPPORT the Wetland Permit and Coastal Erosion Permit applications of EMMANUEL & CATHERINE ZARBIS for the as-built splash pad approx. 6'X 102' with small stone approx. 2" deep over filter fabric; as-built retaining wall approx. 102'LX I'D X 15"H dry-staked, constructed of 1 course of 8" concrete pavers set 2" below grade, 1 course of 6" concrete pavers and 1 course 2.5" concrete cap; 8000 beach grass plugs planted approx. 1'on center in mesh cloth over face of bluff, approx. 100'X 100'; and inkind/inplace replacement of pre-existing 4'X 72' wood steps and 5'X 12' wood landing (top), 5'X 8' wood landing (mid) and 7'X 12' wood landing (bottom) and 6 steps to grade. Located: 2505 Soundview Ave., Mattituck. SCTM#94-1-12.2 Inspected by: Don Wilder The CAC Supports the applications with the Condition of a 40' non-turf buffer and the plans are stamped by a licensed engineer to assure the project is meeting best practices on the bluff. Vote of Council: Ayes: All Motion Carried 094