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Home My WebLink AboutBenalli, LLCTelephone (631) 765-1892 Town Hall 53095 Route 25 P,O. Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., April 11,2007, the following recommendation was made: BENALI, LLC to construct a two-story frame dwelling 20'X 60', on piles, with associated sewage disposal system. Located: 1275 West Cedar Point Dr., Southold. SCTM#90-1-2 This application was inspected by Jack McGreevy and James Eckert and both members agreed the stakes did not match the plans, therefore making it difficult to determine the footprint of the proposed dwelling. James F. King~ President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. ' Town HaH 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: BENALI, LLC requests a Wetland Permit to construct a two-story frame dwelling 20'X 60', on piles, with associated sewage disposal system. Located: 1275 West Cedar Point Dr., Southold. SCTM#90-1-2 Type of area to be impacted: ~/Saltwater Wetland Freshwater Wetland __ Bay Distance of proposed work to edge of above: Sound P~C of Town Code proposed work falls under: hapt.275 Chapt. 111 other Type of Application: f Wetland __Coastal Erosion __Amendment __Administrative __Emergency Pre-Submission Violation Info ne~ed: ¢0"' Modifications: Conditions: ~ '~ ~__c~u'n% -~ ~0" Present Were: __J.King __J.Doherty __P.Dickerson D. Bergen__ B. Ghosio, Jr H. Cusack D. Dzenkowski Mark Terry~other Mailed/Faxed to: Environmental Technician Review ~ & (.- ~-en~., ~ - Date: INLET PARK LITTLE HOG · .NECK NAssAU POINT HOG NECK BAY THE AREA OF THE PROPOSED PROJECT IS CIRCLED / SOUTHOLD \, \ I VICINITY MAP Application regarding the property of ~ Benali, LLC; SCTM # 1000-90-1-2 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 March 22, 2007 Hot? THE SITE OF THE PROPOSED PROJECT IS SHADED / NECK Application regarding the property of Benali, LLC; SCTM #1000-90-1-2 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 March 22, 2007 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 May 21, 2007 Supervisor Scott Russell and Southold Town Board P.O. Box 1179 Southold, NY 11971 Kram property 1275 West Cedar Point Drive Southold, NY 11971 SCTM # 1000-90-1-2 MAY 23 2007 Southold Iowa Board of Trustees Dear Supervisor Russell and Town Board: My client is offering to have a conservation easement placed on the above referenced lot to limit the development of a house on the parcel. Enclosed is a copy of my client's proposed project for the parcel. This easement has already been offered to the Trustees who are in favor of it. I look forward to your response. Thank you. Very truly yours, PCM/mr Enc. cc: Jill Doherty, Southold Trustees Steven Kram Patricia C. Moore Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 July 23, 2007 (631) 734-5800 President Southold Board of Town Trustees Post Office Box 1179 Southold, New York 11971 Re: Benali, LLC; SCTM # 1000-90-1-2 Dear Sir: You will recall that there is an open application with the Trustees for the construction of a new single family dwelling on the referenced property. The public heating scheduled for April 18, 2007, was postponed at our request. The presumed automatic inclusion on the agenda for the May 16, 2007, public heatings was also postponed at our request, but no listing appeared in the public hearings agenda. There was no further action on our part, and there was no listing for the project on the agenda for the June 20, 2007, public hearings. The purpose of this letter is to advise the Board that inasmuch as we are unable to act on this ap- plication due to the Trustees' rules, we are awaiting resolution of the questions concerning the construction of the dock on the same property. Also, please be advised that the owner is looking into the possibility of establishing a conservation easement applicable to the property. /~'h'yerely, ~(_ ~ ~c.~///ames E. Fitzger¢ r. ~,/ cc: Patricia C. Moore, Esq. Benali, LLC a subsidiary of THE PECONIC EASTERN CORPORATION Proper- T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 May 11, 2007 DELIVERED BY HAND President Southold Board of Town Trustees Post Office Box 1179 Southold, New York 11971 Re: Application of Benali, LLC; SCTM #1000-90-1-2 Dear Sir: Please postpone the public hearing on the referenced application, as neither Mr. Kram nor I will be able to attend. Thank you. cc: Steven Kram Sin__cerely, a subsidiary of THE PECONIC EASTERN CORPORATION Proper- T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 April 10, 2007 DELIVERED BY HAND President Southold Board of Town Trustees Post Office Box 1179 Southold, New York 11971 Re: Application of Benali, LLC; SCTM #1000-90-1-2 Dear Sir: Please postpone the public hearing on the referenced application, as neither Mr. Kram nor I will be able to attend. Thank you. cc: Steven Kram APR 1 a subsidiary of THE PECONIC EASTERN CORPORATION Alber~ J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy ~ Dickerson Town Hall 53095 Route 26 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES · TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Applicatiotl ~Vetland Permit Application ~Major __ Minor Waiver/Amendme$~JCh~nges ~" Received Appl~ca~on: '~eceived Fee:$ ,Completed Application~ --_._Incomplete __SEQRA Classification: Type I Type II Unlisted Cooralu~fion:(date sent). ~AC Re~ ~eceipt of CAC Rcpo~: __Lead Agency Determination: Technical Review: __~asolu~ion: 2007 Name of Applicant Benali, LLC Address 11499 Bellagio Road, Los Angeles, CA 90049 Phone Number:( ) 310-476-7446 Suffolk coUnty Tax Map Number: 1000- 90-1-2 Property Location: 1275 West Cedar Point Drive, Southold (provide LILCO Pole #, distance to cross sireets, and location) AGENT: James E. Fitzgerald, Jr. / Proper-T Permit Services PO Box 617 Cutchogue, NY 11935 631-734-5800 Board of Trustees Application Land Area (in square feet):. Area Zoning: GENERAL DATA 13,130 R-~O Previous use of property: Intended use Of property: Dock only Single-family dwelling with dock Prior permits/approvals for site improvements: Agency Date Trustees 3/22/06 __ 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: Construct two-story frame dwelling, 20' x 60', on piles as per FEMA specifications, with associated sewage disposal system. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose ofthe proposed operations: Single-family dwelling Area of wetlands on lot: 7760 .square feet Percent coverage of lot: 60 % Closest distance between nearest existing structure and upland edge of wetlands:. - 0- feet Closest distance between nearest proposed structure and upland edge of wetlands: - 0- feet Does the project involve excavation or filling? No X X Yes If yes, how much material will be excavated? Nb~T 1 0cubic yards How much material will be filled? - ~- cubic yards Depth of which material will be removed or deposited: 4 Proposed slope throughout the area of operations: - 0- Manner in which material will be removed or deposited: feet Backhoe 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): It is expected that the project will have no significant effect on the wetlands and tidal waters of the Town. 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by AFplicant or Project sponsor) 1. APPLiCANT/SPONSOR /2. PROJECT NAME James E. Fitzgerald, Jr. - Proper-T Permit Services / Benali West Lake house 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 1275 West Cedar Point Drive See attached maps. Southold, NY 11971 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Construct two-story frame dwelling, 20' x 60', on piles as per FEMA specifications, with associated sewage disposal system. 7. AMOUNT OF LAND AFFECTED: Initially 0.2 acres Ultimately 0.2 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No [f No, describe bdefly Front yard setback is insufficient. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: Small- to medium-size private waterfront dwellings with docks. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: NYSDEC, Southold Trustees, Southold ZBA 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] NO if Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERM[T/APPROVAL REQUIRE MODIFICATION? DYes ~']No I C~fE~ IHAT THF~--~ I~N PRO~.~L~ED~[S TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor ~e: ~,.~S~,. ~'/~,2~f~/ ~'""-~.5~ I Date: M~ch 23,2007 Signature: ~ /~ ~~'~ -- 7./- ,~ -~ ~ / I ,~ t,. ~don ~s ~. t,~ Co~.~ ~r~a, a.~ ~o~ .re a s~ta .~..c~, co;.,~ta ~,e I ~ ~as~l Assessment Form before ~oceeding with this assessment ~ OVER I Reset MAR-22-200? 10:3~A T0:1~102007~26 1499 Bellagio Road Los Angeles, California 90049 President Board of Town Trustees Town of Southolfl Town Hall, 53095 Main Road Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Permit Services to act in our behalf as our agent in the submission and processing of a permit application for the eonsla'ucfion ora dwelling and associated structures on our property lo- cated at 1275 West Cedar Point Drive, Southold, and designated by Suffolk County Tax Map No. 1000-90-1-2, and to furnish, upon request, supplemental information in support of the ap- plication. Sincerely, ~enH. Kr~,~resident Benali, LLC MA~-22-200T 10:~A -T SERVICES 6~1 ?~ ?~6~ T0:1~102087426 P.2 STATEMENT TO THE SOUTHOLD BOARD OF TOWN TRUSTEES County of ........................ ) State of California ) I, Steven H. Kram, being duly sworn, depose and affirm that I am an officer of BENALI LLC, the owner of the property located at 1274 West Cedar Point Drive, Southold, New York 1197 l, and identified by Suffolk County Tax Map No. 1000-90-1-2, and that all work will be done in the manner set forth in the present application and as may be approved by the Southold Board of Town Trustees. I agree 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. I hereby authorize the Town Trustees or their agent(s) or representative(s) to enter upon my property to inspect the premises in conjunction with the review of the present application. Sworn to before me this .......... day of.../.V.L.~ ................ ,200.~./. MAR-~-~007 10:JSA FROM:PR~-T SERUICES T0:1510~0874~ P.4 APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Soutbold's Code of Ethics orohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is ;o provide information, which can ~lert th~ Town of possible conflicts of' interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Steven H. Krara (l,ast name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Change of Zone Approval of Plat Exemption fi.om Plat or Official Map Other X If "Other", name the activity: Trustees' Wetlands Permit Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either cheek the appropriate line A through D (below) and/or describe the relationship 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 o£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 non-corporate entity (when the applicant is not a corporation); C) an officer, director, parmer, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this .~. d~q~,~arch, 2007 Signature: ~,~#/a,,, ~rI ~c..--~ PrintName: .q~even H. Kram APPLICANT: BENALI, LLC SCTM #: 1000-90-1-2 LWRP CONSISTENCY ASSESSMENT FORM DEVELOPED COAST POLICIES Policy 1 [] YES Foster a pattern of development in the Town of Southoid that enhances com- munity character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of ~4~I°pment' [] NOT APPLICABLE The construction of a small waterfront dwelling on piles, which is in keeping with the waterfi'ont nature of the local community and of the shared (with agriculture) nature of the Town as a whole. Because almost the entire shoreline of the "lake" is heavily developed it is felt that the present project will have no significant adverse impact on the desired preservation of open space. Infrastructure use is not a factor since the project is for a dwelling, the use of which will represent a minimal in- cremental increase in infrastructure use as it applies to the neighborhood and the community. The project is certainly a beneficial use of the coastal location, and the incremental increase in development in the area is insignificant. Policy 2 Preserve historic resources of the Town of Southold. [] YEs [] NOTAPPLmABLE There is no evidence to indicate that the immediate area of the project includes his- toric features. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. [] YES ~I~O [] NOT APPLICABLE The smacture proposed will be inconspicuous in the proposed location. It is com- patible with other existing waterfront structures in the area, and will not adversely affect the dynamic landscape elements (tidal fluctuations, seasonal vegetation changes, changing light conditions) which might contribute to desirable ephemeral visual qualities. NATURAL COAST POLICIES Policy 4 Minimize loss of life, structures, and natural resources from flooding and ero- sion· [] YES ~NO [] NOT APPLICABLE The likelihood of the structure proposed contributing to increased hazards which could result in the losses listed is minimal. Natural protective features will not be adversely affected; the existing shoreline bank will be undisturbed, and will be left in a natural condition to respond to coastal processes. The survival of the shoreline indicates the value of the use of vegetative non-structural measures for the man- agement of flooding and erosion in this location. As necessary, the natural protec- tive features of the shoreline will be restored and protected. Planning and construc- tion will be managed in such a way that there will be no significant adverse im- pacts on adjacent properties, and the project will not incur significant direct or in- direct public costs. The design and construction of the house on piles will take into account the trend of rising sea levels. The proposed project is not located within a Coastal Erosion Hazard Area. Policy 5 Protect and improve water quality and supply in the Town of Southold. [] YES ~4~O [] NOT APPLICABLE The proposed project will utilize an alternative on-site sewage disposal system which will completely eliminate the discharge of both gray- and blackwater leachates into the subsoil, and thus eliminate the possible negative impacts upon ground or surface waters. The system will be approved for both its design and lo- cation by the Suffolk County Department of Health Services which, as the LWRP specifically states, is responsible under State Public Health Law for "the regulation of septic systems, their use and placement". Stormwater roof runoff will be re- tained on site through the use of collection features on the house and the installa- tion of suitably-sized drywells. During construction a line ofhaybales and a silt fence will be in place to minimize the chance of silt entering the water. There will be no disturbance of the lake bot- tom during construction. Policy 6 [] Protect and restore the quality and function of the Town of Southoid's ecosys- tem. [] NOT APPLICABLE The response above to Policy 5. applies equally to this Policy 6. Steps will be taken to insure that silt does not enter the bay during construction. The project is not located in a Significant Coastal Fish and Wildlife Habitat, nor is it located in an area designated as an "Area of Special Concern" in the LWRP information con- ceming Reach 7. All statutory and regulatory requirements, at all levels of gov- ernment, will be strictly complied with, especially those Town requirements which exceed those of state or federal regulations. No dredging, excavating, or filling of the lake bottom is proposed. The project is not located in a Significant Coastal Fish and Wildlife Habitat. Plantings will be designed with indigenous species and the plan will be imple- mented in such a way as to eliminate any possible physical fiagmentation of the shoreline habitat. Policy 7 [] YES Protect and improve air quality in the Town of Southold. ~NO [] NOT APPLICABLE The construction or use of the project as proposed will not result in significant amounts of new air pollution, although during construction there may be a slight temporary increase in pollutants from equipment, generators, and the like. Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. [] YES ~O [] NOT APPLICABLE Although the project as proposed may result in the generation of additional solid household and sanitary waste, it will be disposed of in accordance with the re- quired or recommended practices of the Town and the SCDHS. The handling and storage of petroleum products and household chemicals will be accomplished through the use of approved containers and facilities, and approved methods of handling and storage will be followed. PUBLIC COAST POLICY Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southoid. [] YES [] NO ~OT APPLICABLE The configuration of the existing shoreline of West Lake is such as to preclude the convenient or pleasurable walking of the shoreline by the public, since the area be- tween the high water and low water lines is extremely silted and as a result is diffi- cult and unsafe to walk in. WORKING COAST POLICIES Policy 10 Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. [] YEs [] No i OTAPPLICABLE This policy is not applicable to the proposed project. Policy 11 [] YEs Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 12 Protect agricultural lands in the Town of Southold. [] YES [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Proper- T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 March 26, 2007 President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 MAR 2 7 2007 Re: Application for Permit on Behalf of Benali, LLC: SCTM #1000-90-1-2 Dear Sir: Attached are documents which have been prepared in support of the application for a permit to construct a two-story frame dwelling on piles with associated sewage disposal system on the property of Benali, LLC, in the Town of Southold. Proper-T Permit Services represents Benali, LLC, in this matter, and a letter of authorization is part of this submission. If there are any questions, or if additional information is needed, please call me. Enclosures: Application Fee ($250) Letter of Authorization Notarized Statement of Applicant Transactional Disclosure Form Application Form (3 copies) Short EAF (3 copies) Vicinity Map (3 copies) Tax Map (3 copies) Project Plan (3 copies) LWRP Consistency Assessment Form Sincerely, a subsidiary of THE PECONIC EASTERN CORPORATION CEDAR POINT._DRIVE WEST PROPERTY LINE PERVIOUS GRAVEL DRIVEWAY HOLDING TANK(S) FOR ALL WASTEWATER PARKING UNDER TWO STORY FRAME DWELLING ON PILES PER FEMA SPECS 60' x 20' ~NG RAMp WEST LAKE SCALE: 1' = 20' PROJECT PLAN Application regarding the property of Benali, LLC; SCTM #1000-90-1-2 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 March 22, 2007