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HomeMy WebLinkAboutShamgar Captial, LLC Glenn Goldsmith,President *QF S®(/Ty Town Hall Annex ® Michael J.Domino ,`O l0 54375 Route 25 P.O.Box 1179 John M.Bredemeyer III Southold,New York 11971 A.Nicholas Krupski y G Telephone(631) 765-1892 Greg Williams Fax(631) 765-6641 . BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 20, 2020 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: SHAMGAR CAPITAL, LLC c/o DANIEL P. BUTTAFUOCO 1165 KIMBERLY LANE, SOUTHOLD SCTM#: 1000-70-13-20.7 Dear Ms. Moore: - --The-Southold Town-Board of Trustees-reviewed-the survey-prepared-by-Peconic- - - Surveyors, P.C., last dated June 6, 2019 and determined that the proposed pool and patio are out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code. Therefore, in accordance with the current Wetlands Code (Chapter 275) and the Coastal Erosion Hazard Area (Chapter 111) no permit is required. Please be advised, however, that no clearing, no removal of vegetation, no cut or fill of land or removal of sod, no construction, sedimentation, or disturbance of any kind may take place within 100' landward from the top of the bluff, or seaward of the tidal and/or freshwater wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, without further application to, and written authorization from, the Southold Town Board of Trustees pursuant to Chapter 275 and/or Chapter 111 of the Town Code. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. 2 This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, Glenn Goldsmith, President Board of Trustees GG:dd Glenn Goldsmith,President QF SO(/�y Town Hall Annex Michael J.Domino,Vice-President �O� 0l0 54375 Route P.O.Box 11799 John M.Bredemeyer III Southold,New York 11971 A. Nicholas Krupski G Telephone(631) 765-1892 Greg Williams �� �� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOL,D NON-JURISDICTION INSPECTION -DATE OF INSPECTION." INSPECTED BY: ' Ch. 275 COMMENTS: / J / , 4 /�'e� S� arfinG 7�G mi R jv eh,4ow- C Sf v iyr�� • "i/ d,, yy�- 0 -1, c�7�ofi a l f s✓,�h,.t o�, Patricia C. Moore Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 SEP 2 1 2020 Fax: (631) 765-4643 September 21, 2020 Southold Town Trustees Town Hall Annex P.O. Box 1179 Southold, NY 11971 Re: Letter of No Jurisdiction— Shamgar Capital LLC Dear Trustee President Goldsmith, After careful review of the Wetland Ordinance our request for an inground pool and patio is more than 100 feet from Mean High Water which is the defined tidal wetland in Chapter 275. Enclosed please find our survey of the proposed pool and patio. The distance to the wetlands 160'. The setback to the bulkhead (92') was used prior to the code changes of Local Law 9-215. My check for the fee is enclosed. If you have any questions do not hesitate to contact our office. Thank you. Very truly yours, Patricia C. Moore Enc. NYSDEC LOT COVERAGE MAP OF N PER DEC PERMIT#1-4738-04304/0001 UPLAND AREA = 45,000 SQ.FT. LOT 7 EXISTING: 'PARADISE BY THE BAY' HOUSE, DECK, STOOP W/STEPS = 5,763 SQ.FT. FILED NOV. 4, 1976 FILE NO. 6463 ECK ROAD � CONC. PADS = 63 � a t SO UTHOLD pINE N 5,831/45,000 = 1296,-. ,831 TOWN OF SO UTHOLD PROPOSED. SUFFOLK COUNTY, N. Y. HOUSE, DECK, & STOOP W/STEPS = 5,426 SQ.FT. 1000-70-13-20.7 R25 PATIO = 1,668 SQ.FT. SCALE. 1'=40' POOL = 960 SQ.FT C 37'90CONC. PADS = 68 SQ.FT. SEPT. 15, 1987 30T JUNE 11, 1993 (FINAL) 8,122/45,000 = 1&05Z OCT. 4, 1993 (DECK) APRIL 7, 2017 LOT © APRIL 24, 2017 (PROP. POOL) O \ MA Y,.25, 2017REVISIONS) �` i 345.8q JUNE 6, 2017 ((RENIS/ONS) O wALL/ ; 20.6 OCTOBER 25, 2017 (RENIS/ONS) EQ0UIP GRAIN LINx FXNGEx_x TBH I \\ SEPTEMBER 19, 2018 (DEC LOT COVERAGE) N84722'20��E EL'10 a- _ EL.1 0.7g, E'7'B f MAY 7, 2019 (DEC LOT COVERAGE) W000 WALL;____- STONE xi INDSTRIP ,• w \��; t.11 JUNE 6, 2019 (LOT COVERAGE RENIS/ON) GOLLIIMro EL.10.7 saw. � »c=0pu�c-'IV�uE'wAYPER-V--10'U5'5eR$PSST-IP�'` \ IVEWAY i• P =8' EL.9.8 L. 0.6 6o 75.•o �{ GARAGE I 0 FIN FIR E106 o ; I� AF- Ar E 0 rn 2 STY FR. ; FC ZONE L1°a ~ '�° �, ;,{ m 1i 22.6 Fitt X124 0 � NE "X ���5 EL. 6 FEET) M 5F3f1Gti ost �p \ lr W �s _ vv GANT- i__ LOWF O �'I 5 \ 1 0 ',�.7 j -q WD DE EL 12. F \ \ J� I -- - �I O t; �N t1 \ a, � 9�Ct��pOl OPOSEO LINE moi\ t--'► o_ LOT �� �„� I s " t 6b 2106' 0 21.6' t tl t 16.7' 130 x l�0�� OF HAY6 ENEGE o < N SEI 2 1 2 20 a STRIP -= + SIL F \ ATE U PATIO lI EL.7.0 A1 (To MHWM) \ N• 7 mop i6o, EL 8.8 POOL DW i I FIOf 3 PROPOSES mil &0' c� 0,fd X x o POOL t x!; FOR EL.6.9 T/BH\ 7 dN \ PROP.yy__FM ills —_•--••_i ll,' xLINOFNjTY FADE EL.7.8 rOOl= ❑I �� EL.7.8 x W RFy0GA1E0 i GRA55 I cHIGH RET.WALL �' I EL6.7 _g 73 o p x ry . METEKICONC, WELL EL.7.3 POOL FENCE EL.6.5 354-31r 9.1 _ — WIRE FFNGE °35 OJ5. 1•s1;Q' �o STONE CFE PROPOSED LINE SCALE I LLUM 115. 1. G X� .'W rje)X2120 W SILTYPEN-` or- NEW ro LOT ® ��-ME t FLOOD ZONE FROM FIRM 36103CO166H ' Mop Effective Dote. September 25, 2009 ELEVATIONS ARE REFERENCED TO NA VD 88 D LIC. NO. 49618 IAN AL7FRA77ON OR ADDITION TO 77-IIS SURVEY IS A VIOLATION OF SEC77ON 7209OF THEPECO Sly MORS, P.C. f NEW YORK STA7F EDUCATION LAW. EXCEPT AS PER SECTION 7209—SUBDIVISION 2. ALL AREA = 153,317 SQ. FT. (631) 765-5020 FAX (631) 765-1797 _ CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID OT 2.295 ACRES TO TIE LINE P.O. BOX 909 MAP OR COPIES BEAR THE IMPRESSED SEAL OF 7HE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. 1230 TRAVELER STREET SOUTHOLD, N. Y. 11971 87-7281- %'1\ w lam, r^\ ��. ,i��\ Tom' /•l1 BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK 'fir J PERMIT NO. 9168 DATE: FEBRUARY 14,2018 f 4 ISSUED TO: SHAMGAR CAPITAL,LLC do DANIEL P. BUTTAFUOCO PROPERTY ADDRESS: 1165 KIMBERLY LANE, SOUTHOLD e P i SCTM# 1000-70-13-20.7 AUTHORIZATIONy" Pursuant to the provisions of Chapter 275 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 14,2018,and " in consideration of application fee in the sum of $250.00 paid by Sham ag r Capital, LLC c/o Daniel P. Buttaf loco and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct a 201x44' infinity edge swimming pool with an 81x8' hot tub; a 60105' (2,291sq.ft.)raised stone pool patio connected to the dwelling;construct an 8'x8.6' planting bed; install pool drywell for backwash; construct a 23"high by 57' long retaining wall south of proposed pool and _ patio; install 4' high pool enclosure fencing; and install a line of silt fencing and staked hay bales landward of bulkhead prior to and during construction;with the condition of the inclusion of the outdoor shower located by retaining wall;and as depicted on the survey prepared by Peconic Surveyors, P.C.,dated October 25,2017,and stamped approved on February 14,2018. a P a„ 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. ' �O�OgUfFO��-`OG coo o • G721 �z f .Lor covERAs.E AREA TO MHBM-52725 sq.11. ASAP OF EXISnNO HOUSEI PORCH&DECK o 4944 99.11. LOT 7 PINFi�' NECK ROAD PROPOSED 4944/52725 a 9.4R PARADISE BY THE BAY' FILED NOV 4, 1976 FILE NO. 6463 POOL will PATIO a 2291 sq.11. 2291/52725=4.JR a t SOUTHOLD _ 137X TOWN OF SOUTHOLD 4.R• SUFFOLK COUNT"Y, N.Y. 1000-70-13-20.7 SCALE. 1=40' SEPT. 15, 1987 LOT© JUNE 11, 1993(FINAL) .6 � � OCT. 4, 1993 (DECK) 1 g45.B`Y APRIL 7, 017 zo s Ea APRIL 24, 2017 PROP. POOL) Oua LOK P;x<—• \ �. MAY 25, 2017(RE'ISIONS) �g'p•E waw ww ELto e — — £ 7 JUNE 6, 2017 (RE ASIONS) N m WO I \\\ OCTOBER 25, 2017(REWSIONS) sly [1.11 5 (BD SFR c 33V , O P3.107 VEL ta¢ DD L� ELtt 1 DRIVEWAY p.e s P I Ba 5'R r '^ ELI06 `'P"" pRIVEWAY (DD 5TR 759 I L�_ -• 1 AT VEL 1 \ i r—_ 1 P - , ' 1 GATE YY BD a>xD O m FDl FIA E>_� Y t1.,9 5 X15"..J I�+1 ZONE AE \\� I I DEC 2 2 1 SFR 2017 to+ Tip. 22 PaHFODU5n' 4 ZONE .X. ��s .1 VEL. 6 yFp(IL fllOti SCd ` J'� i Z LphR aD FLR _N � ,p OF1A g \ f i "ln EL-120 O' � \\ � 811 fl nT���_S 1`1 7 1 16 Y� Ot1 ��PROPOSE�LIIl: 4\ \ Sl LOT \\/� Z.Eap BD SR ATE g ♦SILT FY]J« \ C !+ P R PATIO ¢ EL7 0 3t i 55 f PRW� � N• pt GATE (70J 1�..� r ELBA POOLl7M PROPOSFD "ZI BU POOL . Fm E'1.9.97f17\ 7Ox \ offy a 6UIXIJD 1 IELI a e 7 f —�` tpD(,ATED 1GRAK I o ,ow FET•Ai1.r R -, Q�SUB WELL EL73 � � POOI'FFlCE E"65 354.31 p www F DYs 1 0,% SCALE f•e TOIL FH PROPA1Es 1 1E,��"5 2120M �SILY FEtILE ; APPROVED BY. , Dox of NEW Y LOT® J�BOARD PF I RU,TEES g�P��Z,ME72 r" y; TOWN OF SOLA HOLD FLOOD ZONE FROM FIRM amlbler CO � Mop E//ucfAe Dote: Septemb25,,2 2009 'DATE (1 `l il{I 2.0($ ELEVATIONS ARE REFERENCED TO NAW 88Zed - ryO �a N.Y. . LIC. N17-49618 D ANY ALIERA71ON OR ADDITON TO THIS SURVEY IS A WOLAn0N OF P ORS, P.C. SECnON 72O9OF THE NEW YORK STATE EDUCA77ON LAW.EXCEPT AS PE -5020 FAX (631) 76�-1797 PER SECTON 7209-SUBDINSION 2 ALL CERnF1CAnONS HEREON AREA = 53,317 S0. FT. ' ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP P.O. BOX 909 OR COPIES BEAR 7H£IMPRESSED SEAL OF THE SURVEYOR NHOSE or 2.295 ACRES TO TIE LINE 1230 7RAVELER S7REET r78 SIGNATURE APPEARS HEREON. 87— SOUTHOLD, N.Y. 11971 7�G i' SOUTHOLD TOWN BOARD PUBLIC HEARING December 1,2015 7:30 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman'William Ruland Councilwoman Jill Doherty Councilman James Dinizio,Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney Bill Duffy This hearing was opened at 7:55 PM COUNCILMAN GHOSIO: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York,on the 4`h day of November, 2015,a Local Law entitled"A Local Law in relation to Amendments to Chanter 275,Wetlands and Shoreline, and Chapter 280, Zoning,in connection with building or structure_setbacks from bulkheads and bluffs" . RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 0 day of December,2015 at 7:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled,"A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline,and Chapter 280,Zoning,in connection with building or structure setbacks from bulkheads and bluffs" reads as follows: LOCAL LAW NO. 9 ,2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline,and Chapter 280,Zoning, in connection with building or structure setbacks from bulkheads and bluffs" . BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The Town Board has determined that there exists in the Town Code certain conflicting setbacks for waterfront property. The Town Board finds that in order to create uniformity in the 0 Public Hearing Amendments to Chapters 275 and 280,Wetlands page 2 December 1, 2015 Code, Chapter 275 and Chapter 280 shall be amended so that waterfront setbacks are consistent and duplicative administrative review is reduced. IT. Chapters 275 and 280 of the Code of the Town of Southold is hereby amended as follows: 4275-3. C. Jurisdiction. The following areas are subject to protection under Chapter 275 of the Code of Southold. [Amended 10-11-2005 by L.L. No. 17-2005; 10-9-2012 by L.L.No. 12-2012] (1) Any freshwater wetland,tidal wetland,beach, bluff, dune, flat, marsh, swamp,wet meadow, bog, or vernal pool; (2) Any creek, estuary, stream, pond, canal, or lake; (3) Land under water; (4) Land subject to tidal action; (5) Land within 100 feet of the areas listed above; (6) All Town waters. D. Setbacks. [Amended 10-11-2005 by L.L.No. 17-20051 (1)The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (a) Wetland boundary. [1] Residence: 100 feet. [2] Driveway: 50 feet. [3] Sanitary leaching pool (cesspool): 100 feet. [4] Septic tank: 75 feet. [5] Swimming pool and related structures: 50 feet. [6] Landscaping or gardening: 50 feet. [7] Placement of C &D material: 100 feet. (b)Top of bluff. [Amended 10-9-2012 by L.L. No. 12-2012] [1] Residence: 100 feet. [2] Driveway: 100 feet. [3] Sanitary leaching pool (cesspool): 100 feet. [4] Swimming pool and related structures: 50 feet 100 feet. (2)The Board of Trustees reserves the right to waive or alter these setbacks where site- specific and/or environmental conditions justify such action. §280-116 Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings or structures located on lots adjacent to water bodies and wetlands: Public Hearing Amendments to Chapters 275 and 280, Wetlands page 3 December 1, 2015 A. Lots adjacent to hang island Seund, Fishers island Seund and Bleek island Seu . a bluff er a-ba&as defined in Chapter 275 of the Southold Town Code. (1) All buildings or structures located on lots adjaeent 4e setmds and upon which there exists a bluff or- landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff er-bank. (2) &eept as ethei--wise previded in Subseetien A(!) hereof-,all buildings or-stmetiaFe leeated en leis adjaeent te seunds shall be set back not less than 100 feet ftem the er-dinary high water mark of said seundT (3) Buildings or structures which are proposed landward of existing principal dwellings shall be exempt from the requirements set forth in Subsection A(1)and(2)hereof. B. All buildings ef straetufes leeated en lots upon�Aieh a bullehead, eener-ete wall, ripr-ap eF similaf struetteree --m-sts and whieh afe adjaeent to tidal watef bodies other-than seunds shall be se baek not less than 75 feet fr-efn the bulkhead. The fellewing exeeptions%411 apply: (1) Buildings whieh are pfopesed landwafd of existing buildings.- Tfustees under-Chapter-275, Wetlands and Shoreline, of the Code ef the:Fevm e Seu4held promenades,walkways and piefs, which at G. All buildings and stmet-ares leeated on lots Aac-ent to any freshwater-body shall be set back not less than 75 feet ffem the edge ef sueh water-bed),er-ne! less than 75 feet frem f1rhu edge of the ff-eshwater-wetland,whichever-is greater-. The fellewing emeeplien will apply-. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I do have here a signed and notarized affidavit that the notice for this hearing was annexed, printed, noted and put on the Town Clerk's bulletin board. I have here a notarized affidavit that this hearing was advertised in the Suffolk Times. I have a memorandum from the LWRP coordinator, Mark Terry, who has determined that this proposed action is consistent with the Local Waterfront Revitalization policies and standards and therefore consistent with the LWRP. I do have a memorandum here also from our Planning coordinator that this proposed action has been reviewed to New York State Department of Environmental Conservation for SEQRA and is Public Hearing Amendments to Chapters 275 and 280, Wetlands page 4 December 1, 2015 as proposed a type 11 action and therefore not subject to SEQRA review. I have a memorandum here from Donald Wilcenski, the chairman of the Planning Board that says, `Thank you for the opportunity to provide comments on the above referenced local law. The Planning Board supports the adoption of this legislation.' I do have a letter that was received today from the Group for the East End and I will read this into the record. `On behalf of the Group for the East End, I would like to lend our strong support for the proposed amendments to town code chapter 274, Wetlands and Shoreline and chapter 280, Zoning. The proposed changes provide a uniform standard for wetland setbacks within town code while adding a more protective setback standard for certain structures in sensitive ecological areas such as those adjacent to all water bodies and wetlands within and around Town of Southold. Hurricane Sandy illustrated the stark need to actively protect our shoreline. Providing enhanced setbacks for structures is a consistent recommendation in all major coastal planning strategies given the impacts we face related to sea level rise and the potential increase in storm frequency and severity. Greater setbacks also play a role in improving and protecting water quality. For these reasons, we recommend that the Town Board pass the proposed law. Thank you for taking the time to review my comments and recommendations. Sincerely, Jenn Hartnagel, Senior Environmental Advocate.' Then I do have an email that was received this evening, from Richard Strauss and I will read it into the record. `Good afternoon, i was forwarded the notice of the public hearing being held tonight about the proposed text change to the section dealing with setbacks from the top of a bank or a bluff. The current setback requirement of 100 feet from the bank or bluff is for lots abutting Block Island Sound, Fishers Island Sound and Long Island Sound. Lots on these large open bodies of water are much more likely to experience sever erosion during storm events (proved during storm Sandy) than lots on the inner bays and harbors. I would guess that is why the original author of the zoning regulations limited the increased setbacks to Sounds and not all tidal areas. I am not familiar with bays and harbors on Long Island but feel lots on West Harbor and the inner bays of Fishers Island do not need this additional protection. Because of their size (lot layout done in 1913) any remaining lots on Peninsula or West harbor would become unbuildable if the setback is changed. My other concern is with the definition of bluff or bank. Certainly there is no room for discussion if the bank or bluff is 10, 20 or 30 feet high but can a bank or bluff be 2 feet high or 3 feet high? Without a height in the definition, it makes giving advice on lots very difficult. I am sorry for this late email but I only received the notice of the hearing yesterday.' This is from Richard Strauss, vice president of Natural Resource Management in Woodstock, CT. And I believe that's all I have. SUPERVISOR RUSSELL: I would invite anybody that would like to comment on this particular local law to please feel free at this time. LESLIE WEISMAN: Good evening, Leslie Weisman from Southold. I am the chairperson of the "Zoning Board of Appeals and I simply wanted to say that on behalf of all of the members of the Board of Appeals who participated in conversations about these code changes, we unanimously support the proposed changes and would urge the Town Board to adopt these changes. We believe that it is in the best interest of property owners and of both the Board of Trustees and the Board of Appeals to avoid having a duplicate review that creates potential conflicts and that this will improve the code. Thank you. Public Hearing Amendments to Chapters 275 and 280, Wetlands page 5 December 1,2015 SUPERVISOR RUSSELL: Thank you, Leslie. Would anyone else like to address the Town Board on this particular local law? COUNCILWOMAN DOHERTY: I just wanted to clarify with Mr. Strauss' comments. As far as the Trustees chapter 275, the question with number 4 swimming pool and related structures going from 50 feet to 100 feet, the history of that, it was always 100 feet but the Trustees can, anything within 100 feet they can regulate and so it's going back to 100 feet but it doesn't mean that it has to be 100 feet back because there's a lot of houses that don't have the 100 feet. Even though they are not 100 feet, they could still apply for it. Doesn't mean they can't apply for it, just wanted to clarify the way the Trustees work there. JUSTICE EVANS: So you are saying a lot doesn't become unbuildable? COUNCILWOMAN DOHERTY: Correct. Correct. It had been a policy for so long, they decided to codify it but in this change of code,the majority wanted to put it back to 100 feet, so a lot of times there isn't 100 feet between a house and the top of a bluff but they can still apply for that. SUPERVISOR RUSSELL: The essence is the Trustees have the authority to waive that section of the code. COUNCILWOMAN DOHERTY: Yes. SUPERVISOR RUSSELL: Based on particular circumstances. Because not every size is created equal on every lot. Anybody else like to comment on this particular local law? (No response) This hearing was closed at 8:05 PM El beth A.Neville Southold Town Clerk