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HomeMy WebLinkAboutApplication for Appeal LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tele. NO. (631) 734-6807 Fax NO. (631) 734-5651 E-maih LarkandFol{s@aohcom RECEIVED $outhold Town Clerk RICHARD F. LARK MARY LOU FOLTS HAND DELIVERED August 19, 2010 Elizabeth A. Neville, P.O. Box 1179 Southold, NY 11971 Southold Town Clerk RE: Application for Appeal to the Coastal Erosion Hazard Board of Review by Glenn R. Meyran SCTM %1000-099.00-03.00-001.000 Dear Mrs. Neville: In connection with the above-captioned Appeal, I am enclosing the following: Check of Glenn R. Meyran payable to Town of Southold in the amount of $250.00 as the filing fee for this Appeal. o Application for Appeal to the Coastal Erosion Hazard Board of Review signed by Applicant, Glenn R. Meyran. Supporting Affidavit of Glenn R. Meyran sworn to on August 18, 2010. Supporting Affidavit of Virginia Meyran (with photographs) sworn to on August 19, 2010. o Copy of my cover letter to the Southold Town Board of Town Trustees dated May 25, 2010, with a copy of the Board of Trustees Application and attached papers. I do not have a copy of the entire Board of Trustees' file, although I contacted the Board of Trustees requesting its file be provided to the Town Board. Elizabeth A. Neville Southold Town Clerk RE: Appeal to the Coastal Erosion Hazard Board of Review by Glenn R. Meyran -2- August 19, 2010 If you need any other information, do not hesitate to contact me. Kindly let me know the date and time of the hearing as soon as it is scheduled. RFL/m Enclosures Very truly yours, TOWN OF SOUTHOLD APPLICATION FOR APPEAL TO THE COASTAL EROSION HAZARD BOARD OF REVIEW DATE 8/18/10 Fee: $250.00 NAJME OF APPLICAxNT: Glenn R. Meyran ADDRESS: 53 Morris Avenue Wemt. Mmlvernm: NY 1156~ DATE OF DECISION APPEALED FROM July 21. 2010 SPECIFIC CHAPTERdSECTIONINVOLVED Chapter ill/Sections 6, 9, 10B, 14 and 15 THE ALLEGED ERRORS IN THE DETERMINATION ARE: The Town Trustees failed to acknoivledge that a pre-existing observation deck (built in 1975) which is located in a coastal erosion hazard area is allowed to be mm~ntained, restored and modified providing its pre-existing size is not increased. INTERPRETATION THAT IS CLAIMED TO BE CORRECT: The maintenance, restoration and modification of a pre-existing observation deck located in a coastal erosion hazard area may be maintaified, restored and modified providing it does not exceed its pre-existing size and there is mitigation of erosion impacts. RELIEF SOUGHT: The granting of a Coastal Erosion Management Permit to allow completion of the restoration of the observation deck pursuant to §111-9 of the Code of the Town of Southold as the proposed renovation and modification: (a) is reasonable as the restoration of the pre-existin~ observation deck was functional when the maintenance and renovation commenced and this observation deck has existed at this shoreline location since 1975 without any problems; (b) due to the procedures employed in the maintenance and restoration there will be no increase in erosion at the proposed site; and (c) the erosion protection structures installed will minimize any future erosion. *COPY OF THE ENTIRE BOARD OF TRUSTEE FILE INCLUDING ANY RELEVANT MAPS MUST BE ATTACHED TO THIS APPEAL SIGNATURE OF APPLICANT Glenn R. Meyran Section 111-20. A. No reasonable, prudent, alternative site is available. It was decided to restore the deck in its original location for the following reasons: (1) To relocate this deck further west of the existing location would serve no purpose because the westerly view of Long Island Sound from this area is blocked due to the bluff's location and the existing vegetation and trees on the neighbor's property. (2) To relocate the deck to the easterly portion of the bluff would not be prudent because this area is lower in elevation and has suffered significant erosion over the years as the water from the applicant's backyard drains towards the easterly bluff area. (3) To relocate the deck southerly or landward in the backyard area is not reasonable and will defeat the purpose of having an observation deck because of the lower elevation of the property. To have an observation deck in the backyard it would be necessary to elevate it 8 to 10 feet in order to have any view of Long Island Sound and this type of structure would not be aesthetically pleasing. As a practical matter there is no alternative site for the observation deck except for where it has stood for the past 35 years. B. All responsible means and measures to mitigate adverse impacts on natural systems and their functions and values have been incorporated into the activity's design at the property owner's expense. The rain storms of March 28, 29, 30, 31 and April 1, 2010 brought approximately 14 inches of rain which eroded the bluff area of the applicant's property on the easterly portion and immediately below the observation deck leaving the seaward support posts partially exposed and the bluff without any vegetation for a distance of 10 to 12 feet below the support posts. Fortunately, the observation deck itself was not damaged and was functional as you could still walk and stand on it. However, after a close inspection it was decided to repair and restore the deck to its original condition because some of the support posts were rotted and loose and some of the decking needed replacing. In order to mitigate any future erosion from the top of the bluff, the first step involved creation of an erosion protection structure. This consisted of burlap bags filled with sand and beach grass plugs to be placed on the bare area below the support posts utilizing the existing angle of the bluff in an area approximately 24 feet wide and 11 feet vertical. This material would withstand the impact of the wind and weathering. At the base of the sand bags was the dirt that had eroded and settled and provided a stable footing. The sand bags themselves were put on top of one another in a step arrangement along the angle of the bluff to allow for absorption of any run off from the top which would then nourish the imbedded beach grass (see attached Sketch A). The exposed seaward 4 x 4 posts were resting on the bluff, they were removed and in the same spot a hole was dug, a Sonotube inserted and then filled with concrete. On top of the bluff where the existing support posts were located, they were dug up and inspected and it was decided to install new posts. Where the existing support posts holes were located a Sonotube was inserted, filled with concrete and level with the land. A reinforced erosion control mat with beach grass plugs inserted was then placed four feet landward from the top of the deck around the support posts and draped over the edge of the existing bluff approximately 16 feet down the bluff to where it would cover the top portions of the sand bag erosion structure. This erosion control mat is specifically designed for steep bluffs and is composed of three interwoven high strength polypropylene nettings and incorporated in the middle is a coconut fiber matrix that acts as a mulch layer. This mat is designed to provide long term erosion protection on steep slopes. Since the mat is porous, any rain water hitting it will be absorbed by allowing it to percolate to the roots underneath the mat as well as to protect against the wind. The construction of the deck would be completed by using 2 x 8 joists which will be attached to the support posts and cantilevered slightly landward. The decking itself both new and used will be in 20 foot length without joints which would add to its strength (see attached Sketch B). This portion of the restoration has not been completed due to the stop work order issued by the Southold Town Bay Constable. The design and installation of the erosion control devices were done by the applicant at his own expense. C. The development will be reasonably safe from flood and erosion damage. The aforementioned installation of the erosion control devices consisting of the burlap bags filled with sand and the permanent reinforcement mat will not only resist storms and weathering, promote and sustain the growth of the beach grass on the bluff, but it will mitigate if not completely eliminate any erosion in this area as the land is protected to enable the beach grass to become firmly rooted. There will be no spill over from the top of the bluff because of the reinforcement mat and the position of the deck since the land slopes away from the top of the bluff so there will be no erosion from the top of the bluff. D. The variance requested is the minimum necessary to overcome the practical difficulty or hardship which was the basis for the requested variance. The hardship that has been imposed is by the Southold Board of Town Trustees because they have denied the completion of the restoration of the pre-existing observation deck. The Southold Board of Town Trustees has taken a strict but incorrect position that a pre-existing deck cannot be restored because it is located in a structural hazard area and therefore prohibited. This denial fails to recognize that this particular observa- tion deck has been in existence since 1975 and was a functional structure when the maintenance and restoration began in April 2010 after the late March 2010 storms. The pre-existing deck was 24' x 8' and the modifica- tion is reducing it to a 20' x 8' deck which is allowed under Chapter 111 of the Code of the Town of Southold since it is smaller than its pre- existing size. Further, the bluff erosion protection has already been installed as part of the renovation process which will mitigate any future erosion. The point is that Chapter 111 does not prohibit this pre-existing structure from being restored and maintained. Further, the definitions in Chapter 111 raise a question of whether or not a permit is needed. In ~111-6: the definition of "NORMAL MAINTENANCE" allows for the periodic replacement or repair of same-kind structural elements which do not change the size, design or function of a functioning structure; and normal maintenance does not require a permit; the definition of "RESTORATION" allows for reconstruction and modification of a structure providing that the modification does not exceed its pre-existing size and the restoration provides for mitigation of impacts such as erosion. In spite of the Town Trustees' denial, Chapter 111 does not prevent the restoration of a pre-existing structure in Coastal Erosion Hazard Areas. The "WHEREAS" clauses in the July 21, 2010 denial which reference that the application for the restoration of the observation deck does not comply with the standards of Chapter 111 or the Local Waterfront Revitalization Program are statements without reasons or facts, and as such are disingenuous and inaccurate. The most obvious being, how can the applied for observation deck have a detrimental affect upon the health, safety and general welfare of the people of the Town? That having been said, assuming in this case the Town Board states a permit to restore this pre-existing deck is needed, then a variance from §111-10 B is requested from the Town Board as the standards in ~111-9 have been met and there are no violations of §111-14 A. E. Where public funds are utilized, the public benefits must clearly outweigh the long-term adverse effects. No public funds are involved. In the Matter of the Application of Glenn R. Meyran for appeal to the Coastal Erosion Hazard Board of Review SUPPORTING AFFIDAVIT STATE OF NEW YORK: : COUNTY OF SUFFOLK: ss. GLENN R. MEYRAN, being duly sworn, deposes and says: I reside at 53 Morris Avenue West, Malverne, New York 11565. I purchased the property at 175 Soundview Avenue, Mattituck, New York from my mother and gave her a life estate in the property. This has been her home for many years and she wants to remain in it for the rest of her life. I purchased the home primarily so she would have a place to live as I would pay all of her expenses. I am very familiar with the property because for the last 40 years I would visit my parents on weekends and vacations. The observation deck is the centerpiece of the family use and enjoyment of the property. During my visits over the years I would help my father working on the bluff doing various plantings that he obtained from the New York State Department of Environmental Conservation and then in building the stairs from the beach to the top of the bluff. After the stairs were basically finished my father started working on the observation deck and I assisted him in that effort also as I supplied most of the lumber and material. Over the years my parents tried everything to slow down and reduce erosion on the bluff. Before the bulkhead was installed in 1993 they did terracing, hay bales and all kinds of efforts to keep the bluff from sliding onto the beach. After the bulkhead was built in 1993 and the toe of the bluff was secured, the erosion became less and less and the vegetation seemed to take over and erosion was kept to a minimum. However, the easterly side of the property, which was the iow portion of the bluff, did continue to erode. Around 1990 a huge rock slid down to the bottom. In the last week of March 2010 there were continual rain storms for four or five days. When the rain stopped my mother called me and informed me that we had some wash out on the easterly portion of the bluff. She indicated the observation deck and the stairs were all intact although there had been some erosion below the observation deck's support posts on the bluff. When I came out the next weekend I inspected the whole area and saw the deck was still intact, but the support posts on the bluff were exposed. My mother said she had been utilizing the deck all week by standing on it and walking out and looking at the Long Island Sound. After I did a detailed inspection underneath the deck, I found that some of the support posts had rotted out and were loose. Although the top of the bluff was intact, the two 4" x 4" support posts on the bluff were basically sitting on the top of the soil with not much support. Further, some of the planks on the deck were loose and needed to be replaced because of the support posts. I told my mother it was not a good idea for her to continue to use the deck until I got it repaired. Because I have had experience building docks and decks on waterfront properties, plus I have been in the lumber and construction supply business for many years, I decided to do the repairs myself. I began to devise a plan to restore the observation deck to its original condition. I had to make a plan to shore up the area below the deck supports on the bluff to make sure no future erosion would come from the support post area to cause a problem to the support of the deck. After studying the situation I then devised a method of erosion control by using heavy burlap bags, inserting sand and beach grass plugs in them. I did research and found a heavy duty erosion control mat that is designed to provide long term pre-vegetated erosion protection for steep slopes. As stated in my application I installed these devices and then began to put in the support posts as explained in the variance application. Sometime in the latter part of April 2010, my mother called and told me there was a Bay Constable who came to the property and told her that I was in violation by trying to repair and restore the deck without permits and that I could not touch anything on the bluff including the stairs. My mother told me I had to go to the Trustees to get an application for permission to continue. This was immediately accomplished. I filled out some paperwork and filed it with the Trustees with an application fee of $500.00 but was told that this was not proper and it would be rejected. I then contacted attorney Richard Lark. I asked him to go ahead and fill out the necessary application and file it with the Trustees. He did so and a public hearing was held on the application on June 16, 2010. 2 I attended the public hearing on June 16, 2010, and it was my first experience at a hearing. After our case was called my attorney got up to explain what had happened and what I was trying to do when the President of the Board of Trustees cut him off and told him to keep in short. He was told by the Board Members that they would approve the permit for the stairs but the observation deck was no good and my attorney should know better because it was in the Coastal Erosion Hazard map area, and not allowed. When I got up to speak it was obvious nothing was going to be accomplished as the Board Members had already made up their minds. Interesting enough they offered to grant approval for a 32 square foot deck to be placed next to the landing at the top of the stairs. One of the Board Members stated if we did not like the decision we could go to the Town Board. My attorney told them he would have to discuss it with his client and the hearing was then adjourned to the next public hearing which took place on July 21, 2010. That hearing was nothing more than more of the same as it was clear the Board Members had already made up their minds and were not interested in anything we had to say and denied my application to restore the deck. Finally, in reading Chapter 111 of the Coastal Erosion Hazard Areas Code, what I have done in repairing and restoring this pre-existing deck which has existed since 1975 is within the regulations and is not prohibited as indicated by the Board of Trustees. In fact the Trustees' arbitrary and should be overturned. Sworn to before me this 18th day of August, 2010 decision is erroneous and Glenn R. Notary Publi~ 3 In the Matter of the Application of Glenn R. Meyran for appeal to the Coastal Erosion Hazard Board of Review SUPPORTING AFFIDAVIT STATE OF NEW YORK: : COUNTY OF SUFFOLK: SS.: VIRGINIA MEYRAN, being duly sworn, deposes and says: I reside at 175 Soundview Avenue, Mattituck, New York, having lived there as my permanent residence since 1986. I originally purchased this property on January 12, 1960 with my husband, William R. Meyran, who passed away on December 25, 2002. On August 13, 2009 I transferred the property to my son, Glenn R. Meyran and his wife, Mary Jane Meyran, reserving to myself the right to live on the property for the rest of my life. I am submitting this affidavit based on my personal knowledge of the facts in support of my son's application to obtain permission to restore the observation deck in the exact same location that it has been since 1975. This deck has been a joy to myself and my family. I have had my daughter's wedding ceremony on it as well as numerous parties. At the outset I wish to state that I do not understand why my son needs a variance or approval for the restoration as this deck was originally constructed by my husband, William R. Meyran, starting in the summer of 1974 and completed in 1975 and has been located in this location since that time. I am familiar with the construction of the deck as both my husband and I worked on it on weekends and vacations. My son, Glenn R. Meyran, also would help with the building of the deck and the stairs leading to the beach when he visited us on weekends and especially during the summer. My husband and I selected this particular site for the observation deck on our property at the edge of the bluff because it was a level area, jutted out towards Long Island Sound from other portions of the bluff. My husband and I noticed since the time we purchased the property there was no erosion in this particular area on the easterly portions of our property. This is the main reason we elected to put the stairs in that area as well as this observation deck. Also, from this area, there is a spectacular view of Long Island Sound. As I previously stated there was little or no erosion of the bluff in this area from the center portion of the property to the west boundary. All the erosion seemed to take place on the easterly side because the water seemed to naturally drain from the backyard area towards the easterly portion of our property. In fact a huge boulder gave way from this particular area. The building of the deck was fairly simple construction as two holes were dug in the bluff and 4" x 4" posts were sunk into the ground and then boards were attached running back to the top of the bluff where we had other support posts dug into the ground and this framework was bolted to support posts. It is true that each year since the stairs and the deck were constructed we had to do maintenance by repairing or replacing a stair or two as well as some of the planks and railings on the deck and the support posts on top of the bluff which needed reinforcing. This was a normal routine as we placed topsoil in various areas on the bluff and planted Rosa Ragusa, Russian Olive and Japanese Black Pine trees as well as wildflowers. In 1993 we had a bulkhead installed at the foot of the bluff for which we obtained all necessary permits. Since that time the erosion on the entire bluff has diminished significantly mainly due to the vegetation that was planted there. In 1993 at the time when we obtained permits from the New York State Department of Environmental Conservation as well as the Southold Town Trustees we were told we did not need any permit for the observation deck as it was already existing and we could make whatever modifications and repairs we wanted as long as it did not make the deck larger. In 1993 we obtained a permit for the stairs which we were told we had to have at that time. The observation deck as well as the stairs stayed in reasonably good condition. I personally used the deck in the spring, summer and fall of each year almost every day. Occasionally in the winter I will walk on it to look at the spectacular views of Long Island Sound and the bottom portions of the bluff on my property. In late March 2010 we had severe storms that lasted for four or five days with strong winds that deposited a tremendous amount of rain. When all was said and done portions of the bluff on the easterly side washed down as well as an area one third of the way below the observation deck support posts. After the storms were over I walked out on the deck and I could see that the two 4" x 4" support posts on the bluff were exposed. The deck seemed to be okay and I walked around on it. However, my son, Glenn R. Meyran, who now owned the property came out on one of the following weekends and inspected it and decided the time had come to make repairs as he did not like the forward support posts just resting merely on the ground. Originally, he was going to dig the support posts on the bluff into the ground deeper but then after he did a detailed inspection he decided it would be best to make sure the dirt sliding in this area would not happen again so approximately a third of way down on the bluff he installed sandbags with plugs of beach grass placed in them. My son placed the sandbags along the side of the bluff a little bit below where the support posts stood. Then he put an erosion mat on the top of the bluff and draped it down to where the sandbags were located and he planted beach grass in it and then -2- had the whole easterly side the two posts placed a tube posts on top. area hydro seeded. He also placed an erosion mat on the of the bluff where it had washed out. Previously, where were resting on the earth on the bluff, he dug down and in the ground and filled it with concrete and then put the He did the same thing on top of the bluff but wherever the posts were he removed them. Some of them were rotted and some of them were still good, but he just decided to replace them all by digging down, placing the tubes in the ground, filling them with cement and then placing the support posts on top of them. Sometime in the latter part of April 2010, the Southold Town Bay Constable came running on the property and said we were in violation and there would be fines and to stop work immediately and not do any work any place on the property and go to the Trustees and get a permit. I tried to explain to him we had a permit to repair the stairs. I also said we were told we did not need a permit to work on the deck, but he was not interested in anything that I said and just waved his arms and left the property. The work was stopped and the following Monday I went down to the Trustees to try to explain what was going on and they informed me I could not do anything in the bluff area but I should apply for a permit if I wanted to have my deck back. I tried to explain this deck had existed for a long period of time, but the people in the Trustees' office did not seem to have any interest in what I was saying so I picked up the application papers and my son then commenced an application so the deck could be restored in exactly the same spot that it was originally. As part of this affidavit I am attaching various photographs that I have listed herein. Exhibit 1 - Photographs of my family using and enjoying the deck. Exhibit 2 - Photographs taken in May 2010 when the work stopped and in August 2010 showing the success of my son's work. As you can see from the photographs my son's work of reestablishing the bluff by the use of sandbags and this heavy erosion mat has been successful as the beach grass has germinated and is taking root and even some of the flowers I planted on top of the bluff are blooming very nicely. From my experience I think it was important that my son place the sandbags on the side of the bluff along with the erosion mat to shore up the bottom even though there was little or no erosion at the top of the bluff by the observation deck. This would make sure any water in that area just gradually runs down and is filtered where it feeds the beach grass and flowers. The result being it is unlikely there will be any further erosion in this area at all. Further, my son intends to restore the deck in the exact original location except he is making the deck smaller. Due to type of construction I am told it will make it stronger. -3- I have been informed the Town Board has the power to reverse the decision of the Board of Trustees and grant approval that my observation deck can be restored to its original position. I have been deprived by the Trustees of the use of the deck this summer and I would like to get it back because at age 90, I do not have many summers left. I want to thank you for your consideration. Virginia Meyran Sworn to before me this 19th day of August, 2010 -4- PHOTOGieAPH TAKEN IN SPRING OF 1999 AFTER DECK HAD BEEN FRESHLY STAINED PHOTOGRAPHS TAKEN IN 1995 SHOWING DECK FROM BACKYARD FAMILY PHOTOGRAPHS TAKEN IN SUMMER 1997 SHOWING DECK LOOKING EASTERLY - TAKEN IN S~Y 2010 LOOKING EASTERLY - TAKEN IN AUGUST 2010 LOOKING UP THE BLUFF SHOWING SANDBAGS AND EROSION MAT LOOKING NORTHERLY SHOWING EROSION MAT AND DECK FOOTINGS LOOKING WESTERLY - TAKEN IN EARLY MAY 2010 LOOKING WESTERLY - TAKEN IN AUGUST 2010 LOOKING NORTHERLY - TAKEN IN MAY 2010 LOOKING NORTHERLY - TAKEN IN AUGUST 2010 VIEW OF SEAWARD SUPPORT POSTS & SROWiHG BROSION MAT VIEW OF TOP OF STAIR LANDING LOOKING WEST TAKEN MAY 2010