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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