HomeMy WebLinkAboutSemons, Andrew Latham,
Shea, Kelley, Dubin & Quartararo LLP
A T T 0 R N E Y S A T k A W
Post Office Box 9398
Riverhead, New York 11901-9398
MAiN OFFICE:
33 West Second Street
Riverhead, New York 11901-9398
Telephone: 6317272180
ckelley~suffolklaw.com
Extension 223
Jill M. Doherty
President
Town of Southold Trustees
Town Hall Annex
54375 Main Road
P.O. Box 1179
Southold, NY 11971
March 4, 2011
Re: Andrew Semons
Premises: 1580 HobartRoad, Southold, NY
Dear Ms. Doherty:
This office represents Andrew Semons, owner of the above referenced
property. In November, based on a complaint Mr. Semons believes to have been
made by his neighbor Joseph Battaglia, one of the Bay Constables visited Mr.
Semons's property to inspect alleged "illegal construction done to the boathouse on
the property." He was later called and advised that he needed to legalize the
boathouse. He then went to the Trustee's office where he was advised that he needed
to apply for a permit and was given application forms. Subsequently, Mr. Semons
consulted us and we advised him that we believe the boathouse is a preexisting
structure exempt from any permit requirement.
Recently Mr. Semons received a follow up call from you about him obtaining
a permit for the boathouse. Please be advised that we assert that there is no permit
required. The boathouse in question was built in or about 1926. We can provide
affidavits on this if necessary. The only recent work that has been done on it has been
cosmetic, i.e. replacing roof shingles. Pursuant to the definition contained at {}275-2
of the Town Code, a pre-existing non-conforming structure is:
A structure, use or lot that is not otherwise
permitted but which is allowed to continue solely
because it was lawfully existing prior to the effective
date of the original law or ordinance or prior to any
subsequent amendment, as the case may be. Any
determination of lawful existence must at least
include a review of prior land use laws and
ordinances.
Under the Trustee's regulations a Wetlands Permit is not required for pre-
existing structures under §275-4 (A) (5):
The ordinary and usual maintenance or repair (of
the same dimensions) of a functional building, dock,
pier, wharf, jetty, groin, dike, dam or other water-
control device or structure, for which structure a
Wetlands Permit has been issued by the Town.
Also, in that same section at subsection (10) it is stated:
Installation of new or replacement windows, roof
shingles, doors, dormers and siding on existing
structures only.
As a pre-existing non-conforming structure, the building is allowed to
continue without a permit and ordinary maintenance to the structure does not require
a permit.
Please contact this office if you have any further questions regarding the
above.
Sincerely,
Christopher Kelley
CK:gg
cc: Andrew Semons
James F. King, President
Jill M. Doher~, Vice-President
Peggy A. Dickerson
Dave Belgen
Bob Ghosio, Jr.
P.O. Box 1179
Southold, NY 11971
Telephone (631) 765-1892
Fax (631) 765-6641
Southold Town Board of Trustees
Field Inspection/Worksession Report
Date/Time: /~/////~/4¢ ¢
ANDREW SEMONS requests a Transfer of Permit #4387 from Robert Gensel
to Andrew Semons, as issued on October 27, 1994. Located: 1580 Hobart
Rd., Southold. SCTM#64-3-2.2
T~altwf area to be impacted:
ater Wetland Freshwater Wetland Sound Bay
Distance of proposed work to edge of wetland
Part oJ Town Code proposed work falls under:
~'~apt.275 Chapt. 111 other
Type of Application: ~etland __Coastal Erosion ~Amendment
__Administrative__Emergency Pre-Submission __Violation
Info needed:
Modifications:
Present Were: __&King __J.Doherty ]~/./.~ickerson D. Bergen__ B.Ghosio,
__. D. Dzenkowski Scott Hilary__other
Form filled out in the field by
Mailed/Faxed to:
Date:
Board Of $outhold Town Trustees
SOUTHOLD, NEW YORK
DATE: . 1.0./Z? / 9.4:
Pursuant .fo the provisions of Chapter 615 of the Laws of
the State of New York, 1893; end Chapter 404 of the L.aws of
State of New York 1952: and the Southoid Town Ordinance
titled "REGULATING AND THE PLACING OF OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC LANDS end the
REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM
LANDS UNDER TOWN WATERS;" end in accordance with the
Resolution of The Board adopted at e meeting held on
19 .9.~ end in consideration of the sum of $..15(~.0.0 paid by
· h
of ...$e~<~ ........ ~ N.Y. and sub, eot to t ·
Terms end Conditions ~sfed on the reverse s~de hereof,
of Soufheld Town Trustees euthorizes and permits the following:
Replace inkind/inplace 55' of Z 1/2' high wooden retaining
which is normally above mean high water and no addit, fill will
be necessary, and a 20' non-turf buffer is to be placed
of r.e,t.~ining ~11.
a. ~n accoraance with the detai~ed specifications as presented in
the originating application.
IN WITNESS WHEREOF, The said Board of Trustees here-
by causes ;ts Corporate Seal to be affixed, end these presents to
be subscribed by · maiorlfy of the said Board as of this date.
Albert J. Krupski, President
John Hohapfel, Vice President
William G. Albertson
Martin bi. Garretl
Peter Wenczel
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11771
Telephone (516) 765-1 g92
Fax (516) 765-1823 '~
October 31, 1994
Latham sand & Gravel
P.O. Box 776
Orient NY 11957
Re: ROBERT R. GENSEL
SCTM ~64,3-2.2
Dear Mr. Latham,
The following action was taken by the Board of Town Trustees
during its regular meeting held on October 27, 1994 regarding
the above matter:
WHEREAS, ROBERT R.~ENSEL applied to the Southold Town
Trustees for a permit under the provisions of the Wetland
Ordinance of the Town of Southold, application dated September
6, 1994.
WHEREAS, said application was referred to the Southold Town
Conservation Advisory Council for their findings and
recommendations, and
WHEREAS, a Public Hearing was held b~ the Town Trustees with'
respect to said application on October 27, 1994 at which time
all interested persons were given an opportunity to be heard,
and,
WHEREAS, the Board members have personally viewed and are
familiar with the premises in question and the surrounding area,
and,
WHEREAS, the Board has considered all the testimony and
dOcUmentation submitted concerning this application, and,
WHEREAS, the Board has determined that the project as proposed
will not affect the health, safety a~d general welfare of the
people of the town,
NOW THEREFORE BE IT,
RESOLVED, that the Board of Trustees approves the application of
ROBERT R. GENSEL to replace inkind/inplace 55' of 2 1/2'
high wooden retaining wall which is normally above mean high
water and no additional fill will be necessary, and a 20'
non-turf buffer is tO be placed landward of ~e~r4.'ng~wa~.. Located
Hobart Road, Southold. SCTM ~64-3-2.2
Permit to construct project will expire two years from the date
it is signed. Fees mt%st be paid, if applic~le, and permit
issued within six months of the date of this notification.
Two inspections are required and the Trustees are to be notified
upon completion of said pro~ect.
FEES: None
Very truly yours,
Albert J. Krupski, Jr.
President, BOard of Trustees
AJK/djh
cc. CAC
Albert I. Krupski, President
John Holzapfel, Vice President
William G. Albertson
Martin H. Garrell
Peter Wenczel
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823
September 6, 1994
Bruce Loucka
Southold TownCenservation Advisory Council
$outhold Town Hall
Main Road
Southold, NY 11971
Dear Loucka,
Transmitted herewith are the following applications for a
wetland Permit:
ROBERT E. GENSEL SC~ $64-3-2.2
Please prepare a written report of findings and
recommendations with respect to these applications.
Very truly yours,
Albert J. Krupski, Jr.
President, Board of Trustees
AJK/djh
Meeting of 9122/9~
additional sand fill will be trucked in from upland source via owners
property. An existing 3' x 15~ stairway down bluff will be removed and
replaced with a 3' x 10' stairway from wall to beach. Proposed wall will be
landward of AHW and is to correct erosion of bluff.
The CAC recommends disappro~al because no need is shown, there is no
erosion problem. The CAC suggests applicant grade the existing bluff to a 1
to I slope and plant with beach grass. Maintain the top of the bluff sloping
toward the house. Take fill from the grading and use to fll around the jetty.
Remove concrete rtJbble during grading process
The CAC recommends of the stairs provided they are placed U,' above the
ground and beach g~ass planted underneath.
The CAC recommer~ds the applicant contact the Soil Conservation for a
planting guide.
1329 North Sea Road, Southold
Vote of Council: Ayes: All
Motion carried.
No. 1188
Moved by Allan Connell, seconded by Jack Hagerty, it was
RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL
of the' Wetland Application of LEONARD ROSEN 78-2-12 to construct a tlmOer
dock ' ' '
consist~ng of a u, x 2~ f~xed elevated (q above . fade of marsh) walk;
hinged ramp, 6 x 20 float secured by (2) pd~n~.
house and dock to be cleared through the brush.
31~5 Main Bayview Road, Southold
Vote of Council: Ayes: All
MotiOn carried.
No. 11. OF SOUTHO£
Moved by Allan Connell, seconded by Stephen Angell, i
RESOLVED to recommend to the Southold Town Board of Trustees
I~ISA,'~ROVAL of the Wetland Application of ROBERT E. GENSEL 6a,=3-2.2
t~6 rePlaCe, in-kind, in-place, 55' of 2 1/2' high wooden retaining wall which
is normally above mean high water. No additional fill will be necessary.
The CAC recommends disapproval because retaining wall is not
necessary. Applicant should plant spartlna in front of the existing bulkhead
to avoid the risk.of erosion
Applicant should also be required to meet the current Town Code by
planting a buffer behind the bulkhead.
Hobart Road, Southold
Vote of Council: Ayes: All
Motion carried.
Moved by Robert Keith, seconded by Jack Hagerty, it was
RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL
of the Wetland Application of ROBERT ALCUS 92-1-2.1 to construct a single
family dwelling a minimum of 75~ from the landward limits of tidal wetlands.,
install a sanitary system greater than 100' from the tidal wetlands boundary
and install a pervious driveway all in accordance with the submitted surveys
dated 5/lU,/9u. which were previously approved by the Trustees under Permit
No. 388~,. Furthermore, applicant will conform to the conditions set forth
within the permit previously issued.
Cedar Point Drive East, Southold
Page 3
Albert J. Krupski, President .
John Holzapfel, Vice President
William G. Albertson
- ~ Martin H. Garrel]
Peter Wenczel
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Office Use Only~
~Coastal Erosion Permit Application
Grandfather Permit Application
Trustee Lands Permit Application
Waiver ~ / ,
/Received Application: /6/?
~--Clerical Review: ~/~/f ~ ,~.
~----~ompleted App~icat~o~ ~/~r/~
I ncomp lete
SEQRA Classification:
Type I Type II_~___Unlisted
Coordination: (gate sel~t),
~CAC Referral Sent: ~/6/? ~.
~Date Of Inspection: ' I ~/~
/Receipt of CAC Report: (d~te%
· Lea~ Agency Determination:
Technical Review.'~(date)
~Public H~aring-. (date) ~
Decisidn'~ Approved (Y/N) ~te)
~Application Fee:$/~-O. ~ d
Name of Applicant Robert R. Gensel
Address 1580 Mobart Road, Southold~ NY 11971
Phone Number: (516) 765-3323
Suffolk County Tax Map Number: 1000 - 64-3-2.2
Property Location:/~ Hobart Road, Southold
NYT Pole #14 opposite house, nearest cross street - Landen La. (~ mi. South)
(provide LILCO Pole 9, distance to cross streets, and location)
Agent: Latham Sand & Gravel, Inc.
IIf applicable)
Address: P.o. Box 776, Orient, NY 11957
Phone: 323-2585
1
of Trustees Applicati~
GENERAL DATA
Land Area (in square feet):
Area Zoning:
Previous use of property:
Intended use of property:.
Residential
Residential
Residential
Prior permits/approvals for site improvements:
Agency Date
__ 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 {usc attachments if necessary): In-kind, %n-place
wooden
replacement of 55' of 2 1/2' hi~h~retalnin~ wall which is ~ormally above
mean high water. No additional fill will be necessary. PHOTOS ENCLOSED.
2
,.~.,ard of Trustees Applicati~
WETLAND/TRUSTEE LANDS APPLICATION DATA
Purpose of the proposed operations: ~eplace severely bowed-out and
deteriorated retaining wall above mean high water
krea of wetlands on lot: 300 square.feet
Percent coverage of lot: Less tkan 1 %
Closest distance between nearest existing structure and upland
edge of wetlands: 1R feet to Gazebo,
Closest distance between nearest proposed structure and uplamd
edge of wetlands: feet
Does the project involve excavation or filling?
X No Yes
If yes, how much material will be excavated? ~: cubic yards
How much material will be filled? ~ cubic yards
Depth of which material will be removed or deposited: X
feet
Proposed slope throughout the area of operations: x
Manner in which material will be removed or deposited: x
Statement of the effect, if any, on the wetlands and tidal
waters of the town that may result by reason os such proposed
operations (use attachments if appropriate):
N/A
6
of Trustees Applicatic~j
AUTHORIZATION
(where the applicant is not the owner)
I, Rober~ R. Gensel
(print Owner of property)
Southold
Latham Sand & Gravel, Ina.
residing at t580 Hobart Road,
(mailing address)
do hereby authorize
(Agent)
to apply for permit(s) from the
Southold Board of Town Trustees on my behalf.
' (0wne'r~s signature) ~--
4
of Trustees pp±lca
County of Suffolk
State of New York
C .~ ~M k ~TH~v~N . ~ -£m~Nv ~,$EING DULY SWORN
DEPOSES AND AFFIR1NIS'THAT HE/SHE IS THE(APPLICANTJFOR THE ABOVE
DESCRIBED PERMIT(S) AND THAT ALL STki'F~ME/qTS CONTAINED HF_/~EIN ARE
THUS ~ THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL
WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION
AND AS MAY BE APPROVED BY T~E SOUT~OLD TOWN BOARD OF TRUSTEES.
THE~-PPLICANT AGREES TO HOIiD THE TOWN OF SOUTHOLD AND '£~ TOWN
TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DA~D%GES AND CLkI~S
ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GEABT~0. IN
COMPLETING THIS APPLICATION, I HERE~Y AUTHORIZE T~l~ TRUSTEES,
THEIR AGS~.{S) OR REPRESENTATiVES(S), TO F~T~ ONTO MY PROm~TY
TO INSPECT THE PREMISES IN CONJUNCTION W-ITH REVIEW OFT HIS
APPLICATION.
SWORN TO BEFORE ME THIS
DAY OF
Notary Public
{PR~)JECT LD. NUMBER
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
=ART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
I. APPLICANT/SPONSOR I 2. PROJECT NAME
Latham Sand & Gravel, Inc. I Robert Gensel Retaining Wall
3. PROJECT LOCATION:
Mi~niclOafRy ~on~hoid County Suffolk
4. PRECISE LOCATION (street address and road intersections, ~rom~nen~ mnc~mar~s, etc., or provide map)
SEQ
1580 Hobart Road, Southold (opposite NYT pole #14)
5. IS PROPOSED ACTION:
[]New [] Expansion [] Modification/alteration ' '
6. DESCRIBE PROJECT BRIEFLY:
In-kind, in-place replacement of existing 55' wooden retaining wall, 2 1/2'
high which is severely bowed-out and deteriorated.
7. AMOUNT OF LAND AFFECTED;
[] Agricullure [] ParklForestlOpen space [] Other
~0. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL)?
[] Yes [] No I! yes. list agency(s) and permit/approvals
NYS DEC/Tidal Wetlands
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
[] Yes :{~No it yes, list a~ency name and permit/approval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFIC~ATiON?
]Yes
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE iS TRUE TO THE BEST OF MY KNOWLEDGE
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this a.~s~essment
OVER
1
PART U--ENVIRONMENTAL,~e~ESSMENT (To be compJei, ed by Agency!
A. DOES ACTION EXCEED ANY T/ J THRESHOLD IN 6 NYCRR, PARr 617.127 It yes, cOOrdinate the review process and use the FULL E~AF.
WILL ACTION RECEIVE COORDtNATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYGRR. PART 617.67 If NO; a t~egatlve declaration
may be superseded by another involved agency.
[] Yes [] No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WiTH THE FOLLOWING: (Answers may be handwritten, it legible)
Ct. Existing air quality, surface or groundwaler quality or quantity, noise levels, existing traffic patlerns, solid waste production or disposal,
potential for erosion, drainage or nodding problems? Explain briefly: *
C~ Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain brielly:
C4. A community's existing plans or goats as officially ado~ted, or a change in use or intensity of use of land ut other natural resources? Explain
C5. Growth. subsequent development, or related activities likely to be induced by the proposed action? Explain bdeUy.
n. is THERE, OR IS THERE LIKELY TO BE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [] No If Yes, explain briefly
PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSYRUC'i'IONS; For each adverse effect identified above, determine whether it is substantial, large, Important or otherwise significant
Each effect shotzld be assessed in connection with its (a) setting (La. urban er rural); (b) probability of occl:~g; (c) duration; {d
irreversib[gty; (e) geographic scope; and (f) magnitude, if necessary, add attachments or reference supporgng materials. Ensure the
explanations contain sufficient detail to show that-al~ relevant adverse impacts have been identified and adec~uately addressed.
[] 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 action WILL NOT result in..a~-ny significant adverse environmental Impacts
AND provide on attachments as necessary, the reasons supporting this determination:
S OUD T,RUST S
Issued T~~~' ~. g~,d~'e~ Date~
THIS NOTICE MUST lie DISPLAYED DURING CONSTRUCTION
TOWN TRUSTEES OFFiCE,TOWN OF SOUTHOLD
SOUTHOLD, N.Y. 11971
TEL.: 765-1892
~JA$.~~ R. GIENSEL.
4