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HomeMy WebLinkAboutTR-4207Albert J. Krupski, President John Holzapfel, Vice President '3'ira King Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 lax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ~ay 6, ~.997 Peter & ~itdred Aebisher 15 Old Northport Road Huntington, NY 11743 RE: Stairs SCTM ~73-4-2.t Dear Mr. & Mrs. Aebisher: As the stairs on the above referenced property were built without any permits from this agency or any other agency, the structure is illegal. Therefore, the stairs must t:~. removed immediately. If not removed within thirty days of this letter, a summons will be issued. If you have any questions, please do not hesitate to contact this office. Sincerely, President, Board of Trustees AJK:jmd March 22, 1997 TO: FROM: RE: Mrs. and Mr.Gary Stanzoni h/h'. and Mrs. Peter Aebisher Unauthorized Construction on our property It has been brought to our attention that the construction of a stairway to the beach has been built on our property. This constitutes an unauthorized encroachment on our property. On Saturday, March 22, 1997, we came upon a newly constructed stairway to the beach, dug into the bluff on our property. As owners, we were not consulted nor informed in any manner or fashion of your intent to build. Consequently, we did not give our consent, This is a clear violation of our deed, and of all covenants attached to the subdivision. In addition, it establishes a negative environmental impact on the bluff Further said construction violates Southold Town Law and State DEC Regulations of the L. I. Shoreline. Without required permits, this construction places our property in violation of Town and State Law and subject to costly fines and penalties. Accordingly, please take the steps necessary to correct this violation forthwith. If, in thirty days, the construction remains in violation, the project will be considered abandoned, and will be removed at your sole cost and expense. Use of the walking r.o.w. to the beach will continue to be respected,as always. Sincerely, Mr. and Mrs. Peter Aebisher th //f cc: Town of Southold Planning Board Trustees of the Town of Southold 15 Old Northport Road Huntington, N.Y. 11743 April 4, 1997 Mr. Krupski, Director Board of Trustees Main Road, Southold 11971 Dear Mr~ Krupski, I received a note from my neighbor Wendy Mosca, yesterday. In it she disclaims any and all responsibility for the building of steps on the bluff on my property. I am fully satisfied with her explanation and accept it to be tree. To date I have received no reply to my letter from the Stanzoni's. I await notice from your office of any action taken in this matter. Sincerely, Peter Aebisher cc: Wendy Mosca Southold Planning Department TRUSTEES .... John M. Bredemeyer, III, Pres/dent Albert J. Krupski, Jr., Vice President Henry P. Smith John B~ Tulhitl W:dliam G. Atber~son TeIepimne (516) 765-!892 Fax (516) 765-t823 BOARD OF TOWN TRUSTEES TOWN OF SOL. HOLD SUPERVIS@R SCOTT L. HARRIS Town Hall 53095 Main Road RO. Box 1179 Southold. New Yerk ~197i July 9~ 1992 Peter & Mildred Aebisher 15 Old Northport Road Huntington~ ~f 11743 RE: SC~ Dear Mr. & Mrs. Aebisher~ After an office review of the above referenced property~ it has been found that the proposed house construction is out of th~ Boar~ of Trustees jurisdiction~ under Chapters.37 and 97 of the Town Coder as per map dated as ~ended June 15~ 1992~ If you have any other questions~ please do not hesitate to ca!i~ Very 'truly yours ~ ~John ~*.. Bredemeyer~ President~ Board, of Trustees JFiB: ~ mt Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO ...... 4.20.7 ........... DATE: .... 2/29/9.3 ......... ISSUED TO . .~E.T.E.R...AEB. ISHEL~ .................................................................... Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of ~rhe State of New York 1952: and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND .ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on 19 ...... 9.:~ and in consideration of the sum of $.. Z.00..,.0.0 paid by . !~E.T~g....~...MILDR.~D AE.B.ISHER ....................... of . Southold . N.Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: Permit for repairs to stairway to beach and damage to bluff. Sound in Southold all in accordance with the detailed specifications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees h~ere- by causes its Corporate Seal to be affixed, and these presents be subscribed by a majority of t~.,xsaid Board as of +his . - John M.Bredemeyer, Ill, President Board of Town Trustees 53095 Main Road Southold, N.Y. 11971 Dear Mr. Bredemeyer, 1.~ Old Northport Road Huntington, N.Y. 11743 7/7/93 I am responding to your correspondence of 2/26/93, regarding the excessive storm damage on the bluff and stairway on L. t. Sound that I had reported to you on February 6, 1993. First, I wish to thank you for inspecting the site on my property on February 18, 1993. With summer in full bloom, I feel it is necessary to take defensive actions now to avert further environmental damage in the near future. I ~vitl respond to each point you raised in your letter. FIRST: My stair~vay was built according to DEC regulations by Permit dated October 3, 199 I. (Enclosed please find a copy of the permit). The stair~ay to the east of mine is on my neighbor's property. I include drawings to scale of my stairway, as was approved by the DEC, as ~vell as the site plan ~vhich shows the location of the stairway on the bluff. SECOND: Working upon the advice of the U.$. Department of Agriculture and Soil Conservation Service, and ~vith financial considerations, I have prepared a mark-up, to scale, of the original cross section approved by the DEC. This cross section shows the following: A. The original bluff line as it existed prior to the nor'easter of 12/92; B. The bluff line as it exists today; C. The cross-hatched areas on this cross section diagram is the area to be repaired by soil replenishment as recommendated by U.S. Depart. of Ag. & Soil Conservation Service. Approximately 80 to 1 O0 yards of bankrun ~v it 1 be del i vered from the top of the bluff by truck until an angle of 4S degrees is achieved. Then, a small b ulldozer positioned on the beach above the mean high tide line, ~vill reposition boulders at the ne~v bluff line to buttress this highly sensitive area. Planting of recommended vegetation on the bluff ~vill follo~v in the fall. These stabilization efforts, hopefully, will hold the tine on further environmental damage caused by severe storms in the future. I include a check for $200.00 to cover the fee. Sincerely, Peter ^ebi sher DEC PERMIT NUMBER 1-4738-00328/00001-0 FACILITY/PROGRAM NUMBER(s] 1,, 'ORK STATE DEPARTMENT OF ENVIRONMENTAL CON ATION EFFECTIVE DATE Oct. 3, 1991 p E R~I~J~~"T"~ Pi RATIO N DATE Under the Environmenta~~: -~ -:_- _~t~ Jill Article 15, Title 5: Article 17, Titles 7, 8: Article 27, Title 9; 6NYCRR 373: Protection of Water SPDES Hazardous Waste Management Article 15, Title 15: r---'--J Article 19: J------1 Article 34: Water Supply J J Air Pollution Control J J Coastal Erosion Management Article 15, Title 15: J---'---J Article 23, Title 27: J-------J Article 36: Water Transport , . Mined Land Reclamation I I FloodPlain Management Article 15, Title 15: J-'----I Article 24: j-----'J Articles 1, 3, 17, 19, 27, 37; Long Island Wells J J Freshwater Wetlands J J 6NYCRR 380: Radiation Control Article 15, Title 27: j-----J Article 25: r------q Other: Wild, Scenic and Recreational 131 Tidal Wetlands I 1 Rivers j------q Article 27, Title 7; 6NYCRR 360: 6NYCRR 608: J J Solid Waste Management Water Quality Certification PERM T ISSUED Peter & Mi~idred Aebisher TELEPHONE NUMBER ( ADDRESSOF PERMIITEE I5 Old Northport Rd., Huntington, NY 11743 CONTACT PERSON FOR PERMITTED WORK J TELEPHONE NUMBER ( NAME AND ADDRESS OF PROJECT/FACILITY LOCATION OF PROIECT~FACILITY Cabots Woods Road, Peconic COUNTY TOWN/C~~ WATERCOURSE/WETLANDNO. NYTMCOORD1NATES Suffolk Southold L.I.Sound E: ._ N:4 DESCRIPTION OFAUTHORIZEDACTIVITY Construct a stairway and landing for beach access. Ail work to be done in accordance with plans prepared b7 Peter Aebisher dated 8/3/91. 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 Reverse Side) and any Special Conditions included as part of this permit. ~o?~y Rogional. PERMIT ADMINISTRATOR ~ ADDRESS Christine J. C6stopoulos 10/3/9 ! LPage 1 of 4 ...... ~==~,~,.I~E P, AL CONDITIONS Inspections ~ ~ ~ ~i! 1. The permitted site;;o~!facility, including rele'~,ant records, is subject to inspection at reasonable hours and intervals by ad ~thorized repre~tatiVe of the Department of Environmental Conservation (the Department) to dei(~rm.ine whether th-e-permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). 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. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Permit Changes and Renewals 2. The Department reserves the right to modify, suspend or revoke this permit when: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations is found; b) the permit was obtai~ed by misrepresentation or failure to disclose relevant facts; c) new material information is discovered; or d) environmental conditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued. 3. The permittee must submit a separate written application to the Department for renewal, modifica- tion or transfer of this permit. Such application must include any forms, fees or supplemental infor- mation the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. 4. 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. 5. 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, con- ditions or requirements contained in such order or determination. Other Legal Obligations of Permittee 6. The permittee has accepted expressly, by the execution of the application, the full legal responsibili- ty for all damages, direct or indirect, of whatever nature and by whomever suffered, arising out of ~.he project described in this permit and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from this project. 7. 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 theimpair- ment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. 8. The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights- of-way that may be required for this project. Page 2 of ~/ Consultant Project Ns~e.. SCTM 01000- The Southoid Town~T~rustee_of~e has determined that your a plication for a,.d6~~~iOn~We~!and~e~m,~-~-p--.Ci~__~L-z- is ~ non-jurisdictional/incomplete, Please consider the following information in this regard for any required return submission: T~ustee Representative CC: B~i!ding D~ Beard cf Appea~s This notice makes no claim with respect to other jurisdictions within or outside the Town of Southold with respect to permits,~ permission required. 4/92 ohn M. ~edemeyer, ,!,,pres. Bos~-d of Town Trustees 5.3095 Main Road SeutheM. N,Y. 11971 Dear Mr. B'edemeyer, t5 Old ?~hpo~ Road Humin¢on, N~Y. Feb~uary, 8, ~993 I h~ei.q red, est p~mission ~rom the 8oe~-d of Trustees to make immediate and necessary re~8.irs to f~e ~airw~y to the beach and the biuff on my ~ope~y, which incu~ed ~-eme~dous damage durm~ the Decemb~, 1992 Hav~ng celled your office la~ week, I 8m including the necessary ir~fcma4ior~ requested by yout- o~Jce. ~ addition. ~ am i~dud~n9 a copy of recommendations based on a ~udy conducted by the U.S. Dept. of A¢icutture, Soii Cons~vatio~ S~v~ce thst i reque~ed, i wish to compiy ~n~ ~,,~ on the with their, sugge~ed solution to ~epa~r ~.,,~ ~,uff by. ~¢ovMing d~sVibut~ng '~¢" k~, fern a s~ope no ~eep~- thsn o~e foot vert~cM pc oi~e foot h~izontsi (45 decees)/' To ~ccompi]sh this, 8 but~doz~, workin¢ from the beach, would be used to di~ibute the fiil re¢sce the fc~'m¢ ~ock buffe~'. Pictures ~'e enclosed which show the mgssive dsmsge incurred on th~s site ~,, ~,.,¢, my D~ P~'mit ~s sti]~ m effect slthough the st~bcay wss comCeted last summer. No;~ due to sam ¢os~on of biuff ~nd ~f~d o~ the beach, the stairway's ssfety ~s cem~'omised and ~eeds re~a~. The DEC ¢ is !-¢38-008~0000t-0. My Bo~d of Tru~ees' ~ ~s SCTM !000- 73-4-2. My Tax Map g ~s 473889 I am hopefui that my request wili meet with your approvai. Proper ~-ecautions take~ now wi]] ~'eve~t fu~her detedoratior~ of the b~uff'iat~¢. The hie incidence of ~orm activity hittin¢ the ncc~h shoe i~ the pa~ ~*¢o years has disafir~ed no;cma! recovery periods for shore and bJuffs betwee~q esch ~orm. As 8 consequence, dire~ intervention by p~operty owner's is now ~ecessary. INVENTORY & EVALUATION OF LAND, WATER, AND RELATED RESOURCES 15 OLD NORTHPORT ROAD MRS. PETER AEBISHER HUNTINGTON, NEW YORK REQUESTED BY LOCATION 11743 ASSISTED BY THOMAS J. MoMAHON * [~ INDIVIDUAL DATE JANUARY 28, 1993 [] GROUP [] UNIT OF GOVERNMENT SITUATION: Landowner requested teehnicaI aid regarding stabilization of the bluff on her property on Cabot's Woods Road in Cutchogue. & site inspection on January 25, 1993 found that the property is undeveloped, except for ~ ooden stairs with a landing which lead to the beach. Storm tides ,during December cau:;ed severe toe erosion to the bluff, resulting in a nearly vertical bluff iace. The bluff i.-~ relatively low and the lower two-thirds of the bluff have been effected. Soils on tb.e bluff are fine textured, which is why the steep bluff face is pe~.sisting. Landward from the bluff top there is a shallow closed depression. Beyond the depr~es- sion, the land rises steeply and then gently slopes toward the south. Approximately half way on the steep slope, there are stakes in the ground which appear to delineate the proposed house location. SUGGESTED SOLUTION(S) Fill the bluff face to form a slope no steeper than one foot ~rertical per one foot horizontal (45 degrees). This s~ope should be continuous from the existing bluff top to the beach. Fill material shomld be loamy sand or sand and should not contain debris. Vegetate the new bluff face with 'Cape' American beachgrass and bunch plantings of 'Arnot' Bristly locust, Rugoss rose, and/or beach plum. See attached list of suppliers and plant information sheets. Consideration should be given to alleviate two potential problems. These problems relate to the existin~ closed depression close to the bluff tcp and the proposed house location. The closed depression has a significant amount of stor~ water surfaco runoff which flows to it. This water infiltrates into the ground and is held by the fine textured soil, add- ing weight along the bluff top. Due to the eroded bluff face, the soil weight will now threaten the stability of the upper one-third of the b~uff, Filling the bluff face will~ reduce this threat; however, recession of the bluff face should be expected. To alleviate this problem a catch basin with a surface inlet grate could be installed in the depression. A pipe should be installed from tho catch basin to the beach in order to outlet storm water runoff. The second potential problem involves the proposed hJuse location. Situating the house on the steep slope aboxre the bluff top can accelerate erosion of the bluff. The potential acceleration is due to an increase of storm water suriaca runoff. Impervious areas, such as roofs, driveways, walks and patios dramatically in,:rease rates and amounts of runoff. If possible the house should be located beyond the steep slope. If this is not possible, gutters downspouts and drywelis should be used to infiltrate runoff from all impervious areas into the ground. Precautions should be made to control runoff and sedimentation USDA, Soil Conservation Service - January 28, 1993 Inventory and Evaluation - Mrs. Peter Aebisher, 15 Old Northport Road, Huntington, NY 11743 (2) during the construction of the house also. Assisted by: Thomas J. McMahon enclosure s ,! / / / / / / / _._m 0 .J i \ 'i o ~ - ~ ,,.. C.3 · ~. o 0 ~ *M'O'¥ Oq 0