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HomeMy WebLinkAboutTR-6084 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 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 CERTIFICATE OF COMPLIANCE # 0189C Date March 12, 2007 THIS CERTIFIES that the single family dwelling, garage, septic tanks and driveway. At 2325 North SeaDrive, Southold, New York Suffolk County Tax Map # 54-4-24 Conforms to the application for a Trustees Permit heretofore filed in this office Dated 10/17/03 pursuant to which Trustees Permit # 6084 Dated 02/16/05. Was issued, and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for single family dwelling, garage, septic tanks and driveway. The certificate is issued to John Betsch owner of the aforesaid property. Authorized Signature James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 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 YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE __ Pre-construction, hay bale line 1st day of construction ½ constructed Project complete, compliance inspection. PATRICIA A. FINNEGANv TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD May19,2005 Mr. Robert McDonough Environmental Program Specialist Coastal Erosion Management Unit NYS Department of Environmental Conservation Bureau of Program Resources & Flood Protection 625 Broadway, 4th Floor Albany, NY 12233-3507 Re: Town of Southold Resolution 820 of 2004 Dear Mr. McDonough: Thank you for your letter dated March 30, 2005, with regard to Resolution 820 of 2004, which granted a variance to applicant, John Betsch, from Chapter 37 of the Town Code of the Town of Southold, Coastal Erosion Hazard Areas. Your letter provides much helpful guidance to the Town Board and the Board of Trustees in the administration of the coastal erosion law, particularly in the sequence of reviewing applications for conformance to wetlands regulations and variances to the requirements of Chapter 37. With respect to the Town Board's decision regarding the specific variance application made by John Betsch, please note that the Town Board duly considered the factors enumerated in Chapter 37, as well as the general guidance provided by your letter to the Board of Trustees dated November 4, 2004. In your letter, you provided helpful clarity with respect to the location of the proposed structure within a Natural Protective Feature Area, specifically a primary dune. Our prior conversation also highlighted the relevant variance standards. Specifically, we discussed the requirement of whether the application for a variance was the "minimum necessary" to overcome the demonstrated practical difficulty or hardship. You explained that this was an inherently difficult concept to apply, particularly where, as here, the entirety of the proposed construction was in the designated hazard area. Aside from your helpful guidance, you left it to the Town Board to weigh the relevant factors, and did not provide a recommendation regarding the DEC's preferred resolution of this variance application. In making its decision, the Town Board considered all of the relevant factors. Specifically with respect to the ground coverage issue raised in your March 30 letter, the Town Board chose to focus on the percentage increase in resJdenfial footprint and living Mr. Robe~ McDonou~gh May19,2005 Page 2 space. Accordingly, the decking and/or driveway that may be included in your ground coverage calculation were not the focus of the Town Board's calculation. I hope this provides some clarification regarding the basis for this aspect of the Town Board's decision. Please do not hesitate to contact me to discuss this matter further, and for further guidance in the administration of these important regulations. t~ran M. Corcoran Assistant Town Attorney KMC/Ik cc: Members of the Town Board Members of the Board of Trustees ~ Patricia A. Finnegan, Esq., Town Attorney 05/10/05 Tt~ 14:46 FAX DIVISION OF 0O2 N~w York State Department of Environmental Conservation Division of Water Bureau of Program Resoumea & Flood Protection, 4* Floor 625 Broadway, Albany, NewYork 12233-3507 Phone: (518)402-8151 · FAX: (518)402-9029 Webslte: www.dec.stato.ny, us Oenise M. Sheehan Acting Commisslone~ Mr. Kieran Corooran, Esq. Town of Southold 54375 Route 25, PO Box 1179 Southold, NY 11971-0959 March 30, 2005 Dear Mr. Coreoran: Thank you and Trustee, Alber~ Krupski, .Ir. for responding to my inquiry of Dcccmber 8, 2004 by forwarding a copy of Resolution No. 820 of 2004 and the minutes for the November 4, 2004 public hearing held to hear the John Betsch variance appeal. The information you sent to me on December 22, 2004 highlighted a discrepancy between the size of the footprint that was allowable under the Variaricegranted :a:nd the sire 0fthc proposed footprint established on theplans that were presented to the Town. Specifically, on NOvember 16, 2004, by adoption of resolution 820 of 2004, the Town Board granted a variance to John Betsch, "...from the requirements of the Town of Southold Coastal Erosion Hazard Areas Law, to the extent that his project conforms to the application considered herein." Under the findings of thc detorrnination the following was written: '~/'he variance requested is the minimum necessary to overcome the practical difficulty or har~kip. The proposed reconstruction will be comprised of approximately 1,800 square feet ofresidanfial footprint and living space, plus approximately 600 square feet of garage. This proposal is an increase of approximately 33% above the current seasonal use structure, which covers a footprint of approximately 1,800 square feet." However, niter conl~numg to work w~th thc Town in answering CEHA administration questions; it has become apparent that thc original plans for the Betsch property, ~'still being ~sed. 'Thc ' original plans provided with the survey of thc pwperty, prepared by John C. Ehlers Land S.urveyor, shows 3,000 square feet of ground coverage (residential structure/and an additional dl§{ll~ee 5~ll~i~6x~rnately 2,000 square ~eet ~rom the construct/on of a new proposed driveway, allwithin CEHAjuriadiction. Theseplans eurrently being reviewed show an 05/10/05 TI~ 14:17 FAX DIVISION OF WATER ~003 unacceptable increase in ground coverage and disturbance to the Natural Protective Feature Area that is not the minimum necessary io overcome the practical difficulty or hardship dcm0nstratcd. The plans that have been rcfen-ed to contradict the size of the variance that was granted. Additionally, it was noted that the Trustees were required to review the pwjeet for conformance with wetland regulations after the issuance of the previously mentioned variance. This is unusual in that it is common to re~riew variances with consideration for all relevant site limitations and restrictions such as necessary setbacks fi.om tidal and freshwater wetland areas and required property line and road setbacks. It is my understanding that wetland setbacks were only Considered al~er the granting of the variance fi.om CEHA restrictions to build a structure of a specific size. It is good practice to determine all of the limitations on a building envelope before detenninin~ ifa variance can b~ granted and especially before determining the size of the slructure to bc varied. ' Pl~ase provide information thax res0IV~S ihd discrepancy between th~ 'fo0tl~/~i ~fthe site design presentexi to the Town Board and thc footprint allowed by the variance that was issued. I look forward to any clarity to this issue that you may be able to provide, l'f you have any questions about this mat/er or Coastal Erosion Management, please contact me at (518) 402- 8151. Sincerely, Robert McDonongh / Environmental Program Special/st Coastal Ems/on Management Unit Town Board, Southold Albert Krupski, ?rasident, Board of Trustees, Southold Eric Star, Environmental Program Speciahst, NYSDEC Region OMEY, LATHAM, SHEA & K~ELLEY, ~P Post Office Box 9398 Riverhead New York 11901-9398 33 West Se¢of)d Street Riverhead New York 11901-9398 Telephone: 631.727.2180 fats,mire: 631.727.1767 www.$utfolkJaw, oom Email address: tkarsch@suffolklaw.cem Direct fax: (631) 727-2385 Ext. 216 January 25, 2005 Coastal Erosion Hazard Board of Review c/o Supervisor, Joshua Y. Herren Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 RE: Variance from the Coastal Erosion Management Law John Betsch, 2325 North Sea Drive, Southold SCTM #54-04-24 Dear Supervisor Horton & Members of the Board: This letter is submitted to answer the question raised by the Board of Trustees concerning the scale on a survey submitted in connection with the above-referenced variance application, following the issuance of the variance. It was brought to our attention last week that two surveys prepared by the surveyor, John C. Ehlers, submitted in connection with this variance, contained different scales. One read 1" = 20' and the second read 1" -- 30'. This office immediately contacted Mr. Ehlers to find out what effect this discrepancy in numbers would have on the application. Mr. Ehlers assured us that this difference had no effect, as explained below. Mr. Ehlers explained to us that the program that he uses to prepare surveys made an error when preparing the applicant's survey and input the number "20" instead of "30" on one of the draft surveys. The scale should read "1' = 30'." (A copy of the correct survey which was submitted during the application process is appended hereto.) He further assured us that the difference in the numbers had no effect on the surveys themselves and that the location of the project, the size of the structure and the January 25, 2005 Page 2 distances from lot lines did not change on the different surveys and were unaffected by the error in the scale. This can be seen by using an engineer's scale on any of the surveys, for, if one utilizes any scale other than a 1" = 30' scale, the surveys will not make sense. In addition, when Mr. Ehlers prepared the survey, he located the High Water Mark to be 118 feet from the proposed project. The NYS DEC later directed that the applicant indicate on his surveys that they had located the High Water Mark to be 98 feet from the proposed project. Although this fact has no effect on the application, we would like to clarify it for the record. Mr. Ehlers explained to us that the high water mark is determined by taking an average over a 90 day period of the location of two different marks. A surveyor will watch the "general high water" where the new debris has been washed ashore as well as the "spring high water" where the old debris has lain since it washed ashore during the lunar high tide. A surveyor then takes the worst-case scenario, meaning the most landward of the high water marks, and depicts that on his survey. Mr. Ehler's thorough study of the property revealed a high water mark of 118 feet from the proposed project, however, at the insistence of the NYS DEC, he prepared a survey depicting the line at 98 feet. This is depicted on the copy of the second survey which is appended hereto. We trust this information will be helpful and that it will assist the Board in determining that the questions raised by the Trustees do not in any way effect the issuance of the variance. If the Board requests, Mr. Ehlers informed us that he will be happy to provide an affidavit attesting to the facts asserted in this letter. If there are any further questions, please do not hesitate to contact the undersigned. TKP/cv Enclosures CC: Respectfully submitted, Tr'acy L. Karsdh ~ Board of Trustees of the Town of Southold Mr. John Betsch New York State Department of Environmental Conservation Division of Water Bureau of Program Resources & Flood Protection, 4m Floor 625 Broadway, Albany, NewYork 12233-3507 Phone: (518) 402-8151 · FAX: (518) 402-9029 Website: www.dec.state.ny.us Denise M, Sheehan Acting Commissioner March 30, 2005 RECEIVED Mr. Kieran Corcoran, Esq. Town of Southold 54375 Route 25, POBox 1179 Southold, NY 11971-0959 Dear Mr. Corcoran: APR 4 2005 S0uth01d Town I Board of Trusteea J ] APR 1 2005 $outhold Town C/ed Thank you and Trustee, Albert Kxupski, Jr. for responding to my inquiry of December 8, 2004 by forwarding a copy of Resolution No. 820 of 2004 and the minutes for the November 4, 2004 public hearing held to hear the John Betsch variance appeal. The information you sent to me on December 22, 2004 highlighted a discrepancy between the size of the footpriut that was allowable under the variance granted aud the size of the proposed footprint established on the plans that were presented to the Town. Specifically, on November 16, 2004, by adoption of resolution 820 of 2004, the Town Board granted a variance to John Betsch, "...frollr the requirements of the Town of Southold Coastal Erosion Hazard Areas Law, to the extent that his project conforms to the application considered herein." Under the findings of the determination the following was written: "The variance requested is the minimum necessary to overcome the practical difficulty or hardship. The proposed reconstruction will be comprised of approximately 1,800 square feet of residential footprint and living space, plus approximately 600 square feet of garage. This proposal is an increase of approximately 33% above the current seasonal use structure, which covers a footprint of approximately 1,800 square feet." However, after continuing to work with the Town in answering CEHA administration questions, it has become apparent that the original plans for the Betsch property are still being used. The original plans provided with the survey of the property, prepared by John C. Ehlers Land Surveyor, shows 3,000 square feet of ground coverage (residential structure) and an additional disturbance of approximately 2,000 square feet from the constructiou ora new proposed driveway, all within CEHA jurisdiction. These plans currently being reviewed show an unacceptable increaSe in ground coverage and disturbance to the Natural Protective Feature Area that is not the minimum necessary to overcome the practical difficulty or hardship demonstrated. The plans that have been referred to contradict the size of the variance that was granted. Additionally, it was noted that the Trustees were required to review the project for conformance with wetland regulations after the issuance of the previously mentioned variance. This is unusual in that it is common to review variances with consideration for all relevant site limitations and restrictions such as necessary setkacks from tidal and freshwater wetland areas . and required properl,y_liaoand-road~,folaqkg:4 'It i~tny understanding that wetland setbacks were only considered aft~ the ~anting ~af~e~c~ bom CEHA restrictions to build a structure of a specific size. It is ~ogd practice to determine all of the limitations on a building envelope before determining ifa vari~ce can be gran_tex!, ia~d esp, eciaJly before determining the size of the structure to be va. flexi.- ~ Please provic{e information that resolves the discrepancy between the footprint of the site design presented to the~rown Boardand the-~)-/p~r[~t allowed by the variance that was issued. I look forward to any clarity to this issue that you may be able to provide. If you have any questions about this matter or Coastal Erosion Management, please contact me at (518) 402- 8151. Sincerely, Robert McDonough Environmental Program Specialist Coastal Erosion Management Unit CC~ Town Board, Southold Albert Krupski, President, Board of Trustees, Southold Eric Star, Environmental Program Specialist, NYSDEC Region 1 Albert J, Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD March 15, 2005 John Betsch 3 Wincester Lane Huntington, NY 11743 Re: 2325 NORTH SEA DRIVE, SOUTHOLD SCTM# 54-4-24 Dear Mr. Betsch: The Board of Trustees requested, at the February 16, 2005 hearing on the above referenced application, some revisions on the survey. Please show all the following changes on a revised survey: 1 .Move the house 10' landward. 2.Remove 5' from the seaward portion of the deck. 3. Restore and plant the primary dune, directly in front of the existing house, to the height of the existing dune to the west. Plant with Beach grass (Ammophila breviligulata) on 12" centers, from property line to property line. 4. No turf on site. Please contact this office with any questions. Sincerely, Heather Tetrault Environmental Technician Albert J. Krupski, James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Diokerson BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box.l179 S.outhold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE4~ONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction % constructed Project complete, compliance inspection. Board Of $outhold 'Town Trustees SOUTHOLD, NEW YORK PERMIT NO...G..0.(~ L.( ..... DATE: .~.e..b...,...J..6.:,....~p5 ISSUED TO JOHN BETSCH ut'h.rizati. Pursuant to the provisions of Chapter 61~_ o.f ~e L~s,,of the State of New York, 1893; and Chapter 404 of the ,L~. ws ct the State of New Yor~ 1952; and the Sou~hold ToWn Ordinance tlfled ?REGULATING AND THE PLAC;ING OF: OBSTRUC;~S IN AND ON TOWN WATERS AND PUBLIC; LANDS and-the REMOVAL OF SAND, GRAVEL OR OTH.ER IdATERIALS.~,g~.,M LANDS UNDER TOWN WATERS;,'..'. and tn aCcordance with 'the Resolution of The Board adopted at a meeting held o,, :~°(~.....L, and in consideration of the sum of $ ~.0~,.(L0. ...... paid by John BaUsch O~ Southold .............. N. Y. a.d. s~iett to the Ter~"'-'~'""'~'~'i~i~;~ Ji;~;~' 'on the reverse side .hereof, of Saufhald Tnwn Tr,~.l,e.es .~uiho~rises .end ue.rmj~s ~.~ ;f.o. llowl.na.: .. Wetland permit to construct a new sJngle-r3mfly awelllng cna garage, ~n pla~e or exdstmg, co ce Du~l~ on p lings, with the conditions that there be no tun~ on site and that the dune seaward of the house he restored lo the height of the existing dune to the west and planted with Beach grass (Ammophila brev gu ara) on 12" centers at the completion of construction, with no disturbance of the existing beach vegetation seaward and east and west of the existing house and all as depicted Jn the plan surveyed by dohn C;. Ehlers last revised 3-t7-05. The primary dune.area seaward of the house wil! beplanled property line to property line. all in accorclance with the cletalled sl3e~ltlcatlons as I~elentea · the originating appr~afion. IN WITHESS WHEREOf:, The said Board Of Trustees here- by causes ifs Corporate. S?I to_ be a~xed, and these presents fo be subs~d by ~'malmHy of ~e sa~d Board .as of this date. ? e .7.3~ Y Dicka~son Art±e Fqster TERIdS and CONDITIONS John ,Betsch Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 16, 2005 John F. Betsch 3 Wincester Lane, Huntington, NY 11743 RE: JOHN BETSCH 2325 NORTH SEA DRIVE, SOUTHOLD SCTM# 54-4-24 Dear Mr. Betsch: The Board of Town Trustees took the following action during its regular meeting held on Wednesday February 16, 2005 regarding the above matter: WHEREAS Land Use Ecological Services, Inc. applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated October 17, 2003, and WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on February 16, 2005 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 structure complies with the standards set forth in Chapter 97 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, RESOLVED, that the Board of Trustees approve the application of JOHN BETSCH to construct a new single-family dwelling and garage, in place of existing, to be built on pilings, with the conditions that there be no turf on site and that the dune seaward of the house be restored to the height of the existing dune to the west and planted with Beach grass (Ammophila breviligulata) on 12" centers at the completion of construction, with no disturbance of the existing beach vegetation seaward and east and west of the existing house and all as depicted in the plan surveyed by John C. Ehlers last revised 3- 17-05. The primary dune area seaward of the house will be planted property line to property line. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) This is not a determination from any other agency. Fees:S100.00 Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/hct SITUATE, .~THO! D TOP, IN, ExDUT'HOI ~ .SUFFOLK ~TY, NY 5URVEYE[210-10-02 ~ro~,. acl~ion O~-O~q-O~ AIViENDED Ol-Jl-O~ ~INTE~ TOPO 02-02-04 D.E.C HIgH ~TE~ 02-1~-04 TRUSTEE5 REVI~ION~ O~-OI-OD AD~'L NOTE~ 5CT~ I000-54-4-24 SUFFOLK ~OUNT~ HEALTH ~EPT. REF. ~ RIO - O~ - 0~ JO~ B~ N ~0:00 A''~ EL 825' 00' ca I Sond! NOT ~ 0 SOALE ELEVATION5 REFERENCE NCVD'2q ,,~ L~ ¢~:,, '¢ C.E.H.L FROM N,Y.5, O.E.O. COASTAL EROSION HAZARD ' - ~ f~¢" t AREA HAP SHEET q OF 4q PHOTO ~ ~-570-~ ~'~ ~ ~ ' '~ BEAGH~55 TO BE PLANTED 12" O.O. .~,~,,, ............ ~ ............. ~ ..... JOHN C. EHLERS LAND SURVEYOR AREA: 26~12 5F OR 0.82 ACRE5 ..... *'* ............... ~'~ .................... ~'" 6 EAST ~ S~ET N.Y.S. LIC. NO. 50202 ......,,~ ~.~ ........... ~.,~,. ~o~ .................. ~,~o, ~,,.o. 369-8288 F~ 369-8287 ~FA~p se~eAd~ROSk02-294B .pro Albert J. Krupski, President James King, Vice-President Artle Foster .Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-t~,33 (~ TO: BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated reviewed by this Board at the regular meeting of following action was taken: (/) Application Approved (see below) (__.) Application Denied (see below) ( )Application Tabled (see below) has been and the If your application is approved as noted above, a permit fee is now due. Make check or money order payable to the Southold Town Trustees. The fee is computed below according to the schedule of rates as set forth in the instruction sheet. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $ I G0, 0o SIGNED: PRESIDENT, BOARD OF TRUSTEES ELIZABETH A_ NEVILLE TOWN CLERK ~GE OFF~CE~ F~EDO~ OF ~O~ON 0~ICER NU. b~l F, 2 Town H~ll, 53095 MEn Road P.O. Box 1179 8euthold, New York 11971 Fax (651} 765-6145 Telephone (631) 765-1800 sontholdtown, north{ork-net OFFICE OF THE TOWN CLE TOWlq OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLU~ WAS ADOPTED AT THE REGULAR MEETING OF THE S( ON NOVEMBER 16, 2004: WHEREAS, the Board of Trustees on August 18, 2004, denied the application of 3o]m Borsch (the "Applicant") for a permit under the Coastal Erosion Hazard Areas Law (the "Law") of the Town of Southold; and WHEREAS, on September 20, 2004, Mr. Borsch submitted an application to the Town Board of the Town of Seuthold, as the governing Coastal Ex-osion Hazard Board of Review, seeking to appeal the detenuination of the B~/rd of Trustees, of in the alternative, seeking a variance from thc requirements of the Law; a~,~ %¥HEREAS, the Town Board did transmit a copy of the instant appeal to the New York Department of Environmantal Conservation; and WI{EREAS, on November 4, 2004, the Town Board conducted a duly noticed public hearing on the instant appeal with opportunity for all interested parties to be heard; and ~,VHEREAS, on November g, 2004, the Town Board received a copy of a letter from the Coastal Erosion Management Unit of the Department of Enviroranental Conservation; it is hereby RESOLVED, that the Town Board of the Tovaa of Southold doe~ hereby make the following Findings: 19,2004 2:19P~ NO. 581 F', ] The detenninatioa by the Board of Trustees that the proposed activity is to be conducted in a primary dune area and constitutes a prohibited activity under §37-16 of the Coastal Erosion Hazard Areas Law, in the absence cfa variance from this Board, is upheld. The criteria for a variance as set forth in §37-30 of the Coastal Erosion Hazard Areas Law have been satisfied, as follows: Strict application of the standards and restrictions of the Coastal Erosion Hazard Areas Law will ~ubject the Applicant to practical difficulty and unnecessary hardship, iuasmueh as the entirety of the Applicant's property is situated in the designated natural protective feature area. As such, the relatively modest reconstruction of the Applicant's seasonal home to a year-round home as proposed, on pilings in an ecologically sound mauner as compared to the present s~zudture, would be prohibited by the Law. Moreover, the Applicant is unable to move the proposed reeons~'uction to any area of the property without rtuming afoul of the Law. Applicant owns no other site in Town on which to construct a year-round home, and the proposed project may not be located on any other portion of the property without the need for a variance. Applicant has incorporated all ~e~po~ible me~n~ and measures to mitigate/ adverse impacts on natuzal systems and their functions and values have be/eh incorporate~l hato the activity's design at the property owner's expense. Tl~e Applicant's proposal includes measures to protect the aatt~tal protective area, by constructing a home on pilings, in compliance with dl FEMA regulations, and iucorporafing aa upgraded septic system. (d) For rite reasons stated above, the development will be reasonably safe from flood and erosion damage. In addition, evidence has been submitted that this property has been ~cereting, rather than eroding, in ~eceat year~. Giver. the proposed tzansition from a foundation to pilings, the ~:econstraction will be safer from potential flood and erofion damage than the existing sumcture. (e) The vaaiance requested is the minimum necessary to overcome the practical difficulty or hardship. The proposed reconstruction will be comprised of approximately 1,800 square feet of residential footprint and living space, plus approximately 600 squ~re feet of garage. This proposal is an increase of approximately 33% above the current seasonal use structure, which covers a footprint of approximately 1,800 square feet. Moreover, the proposed structure, flanked on one side by a municipal beach parking lot and in the mediate nei~jaborhood of larger residential homes, is in keeping with the character of the neighborhood and immediate neighbors have expressed approval of the project. (~) No public funds are to be utilized in tbJs Project. ¥.1~.2004 2:lgPM N0.58 P. 4 Upon consideration of the foregoing, it is hereby further RESOLVED that the Town Board of the Town of Southold hereby grants John Betseh a variance from the requ/rements of the Town of Southold Coastal Erosion Hazard Areas Law, to the extent his project conforms to the application considered herein; and BE IT FURTHER RESOLVED, that this detenffinafion by the Town Board of the Town of . Southold is classified as a Type II action under SEQRA with no further review required; and BE IT FURTHER RESOLVED, that this determination shall not affect or deprive any other agency of its properly asserted jurisdicfion~ separate and apart from the proceedings under the Coastal Erosion Hazard Area~ Law considered herein. Elizabeth A. Neville Southold Town Clerk Board of Trustees AppliCon AUTHORIZATION (where the applicant is not the owner) (print owner of property) residing at (mailing address do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. 8 Tetrault, Heather From: Sent: To: Tetrault, Heather Tuesday, March 01,2005 10:38 AM 'ebjlaw@optonline.net' I spoke with the assessors office about Betsch. They pulled the card and said the total square footage for the house is 832 square feet.- OWNER FOR/~.E~, b~VNER . -- . ~l~ru fl. ~od I OF $OUTHOLD PROPERTYI.IiECORD CARD STREET'~"~ -,~5 V,LL,~ --GE V DISTRICT SUB. LOT ACREAGE 'O TYPE OF BUILDING RES. LAND )bOO VL TOTAL FARM DATE CoMM~,, j IND.. j CB. I MISC. REMARKS ~1 Z.. 2..00 AGE NEW NORMAL Farm Acre Tillab.le 1 Tillable 2 Tillable 3 Woodland Swampland BrUshla/id - . House Tota I BUILDING CONDIT,OF Value Per Acre Value Extension Extension Extension Garage O.B, ~7~' 7/ Foundation Basement Ext. Walls Fire Place Patio Driveway Porch Porch Bath Floors Interior Finish Hec~t A~ic Rooms 1st Floor Rooms 2nd Floor 8-0510:07:E NYS- Real Property System County of Suffolk Town of Southold SWlS Code - 473889 Assessment Summary For Current Year File 2005 Parcel ID: 54.-4.24 Active RPS030/V04/L001 Date: 2/18/2005 Sheet 1 of 2 , Parcel Information Parcel Land Size Curr Owner: Betsch, John F Acct #: 08 Front: 0.00 Acres: 0.54 Location: 2325 N Sea Dr School Cd: 473805 Southold Schcol Depth: 0.00 Sq Ft: 0 Southold, NY 11971 Roll Sect: I Taxable RS/S: Grid Coordinates Prop Class: 260 Seasonal res East: 2426889 North: 314121 Property Description Owner Cd: AIIoc Factor: 0.0000 Tax Code: Cons School: Land Com Yr/Cd: Mtg No: Ag District: 0 Ag District Cd: Bank Cd: Easmnt Cd: SSI: 0 Arrears: 0 Assessment Data Taxable Values Curr Land AY: 2,200 Orig Value Type: Prior Land AY: 2,200 County: Curr Total AY: 4,906 Rev Value Type: Prior Total AY: 4,900 Muni: Reval Land: 2,200 Residential Pct: .rRelevies School: Reval Total: 4,900 Uniform Pct: 1.49 ~chool: 0.00 Village: Disclos Total: 4,900 Full Mkt Value: 328,859 Village: 0.00 Star Sch: Current Owners Name Street No./Prefix Dir/Street Name/Suffix/Post Dir Betsch, John F. Unit Name Betsch, Dolores M. Attention To/In Care Of Unit No. P.O. Box City 1825 Southold 1825 Southold Special Districts Code Name Primary Units FD028 Southold FD 0.00 PK070 Southold Park 0.00 SW011 Solid Waste District 0.00 WW020 Waste Water District 0.00 File Maintenance/Sales Info i Created: 10/21/1981 Book: 11953 llModified: 12/16/2004 12:00AM Page: 546 I Folder'' . PARCEL Desc 1: Desc 2: Desc 3: Desc Print Cd: P Additional Address St Zip Code NY 11971 4,900 4,900 4,900 NY 11971 4,900 AR Information Equal Inc: Equal Dec: Phys Inc: Phys Dec: Split Merge: Country Bar Cd Owner Type Primary Additional Move Tax I Credit 0.00 0.00 0.00 0.00 Secondary Units Pct Type Value 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 NYS- Real Property System County of Suffolk Town of Southold SWlS Code - 473889 Assessment Summary For Current Year File 20.05 Parcel ID: 54.-4-24 Active RPS030/V04/L001 Date: 2/18/2005 Sheet 2 of 2 Parcel Information Curr Owner: Betsch, John F Location: 2325 N Sea Dr Southold, NY 11971 Property Description , Owner Cd: Cons School: Ag District: 0 i Easmnt Cd: Assessment Data Curr Land AY: ; Curt Total AV: Reval Land: Reval Total: i Disclos Total: 2,200 4,900 2,200 4,900 4,900 Acct #: 08 School Cd: 473805 Southold School Roll Sect: 1 Taxable RS/S: Prop Class: 260 Seasonal res 0.0000 AIIoc Factor: Land Com YrlCd: Ag District Cd: SSI: 0 Orig Value Type: Rev Value Type: Residential Pct: Uniform Pct: 1.49 Full Mkt Value: 328,859 Parcel Land Size ~ F File Maintenance/Sales Info Front: 0.00 Acres: 0.54 i Created: 10/21/1981 Book: 11987 Depth: 0.00 Sq Ft: 0 /,iI Modified: 12/16/2004 12:00AM Grid Coordinates ii By: AFM Page: 907 East: 2426889 North: 314121 J LFolder: PARCEL Tax Code: Mtg No: Rank Cd: Arrears: 0 Prior Land AV: 2,200 Prior Total AV: 4,900 Relevies School: 0.00 Village: 0.00 Current Owners Desc 1: Desc 2: Desc 3: Desc Print Cd: P Taxable Values County: School: Village: Star Sch: ,, AR Information: 4,900 Equal Inc: 4,900 Equal Dec: 4,900 Phys Inc: Phys Dec: 4,900 Split Merge: Name Street No./Prefix Dir/Street Name/Suffix/Post Dir Betsch, John F. Unit Name Betsch, Dolores M. Attention To/In Care Of Unit No. P.O. Box City 1825 Southold 1825 Southold Special Districts Code Name Primary Units Secondary Units Pct FD028 Southold FD 0.00 0.00 0.00 PK070 Southold Park 0.00 0.00 0.00 SW011 Solid Waste District 0.00 0.00 0.00 WW020 Waste Water District 0.00 0.00 0.00 Type Additional Address St Zip Code Country NY 11971 NY 11971 Bar Cd Value Move Tax / Credit 0 0.00 0 0.00 0 0.00 0 0.00 Owner Type Primary Additional NYS- Real Property System County of Suffolk Town of Southold SWIS Code - 473889 Sale Summary for Sale on 08130/1999 For Current Year File 2005 Parcel ID: 54.-4-24 RPS030/V04/L001 Date: 2/1812005 Sheet I of 2 Parcel Information Curr Owner: Betsch, John F Location: 2325 N Sea Dr Southold, NY 11971 Sale Information Deed Date: 09/09/1999 Val Usable: Yes Deed Book: 11987 No. Parcels: Deed Page: 907 Part Parcel: Cntrct Date: Sale Type: Sale Date: 08/30/1999 Deed Type: Sale Price: 315,000 Sale Status: T Pers Prop: 0 Alt SWIS: Sale Conditions L J None Name Street No./Prefix Dir/Street Name/Suffix/Post Dir Betsch, John F. Betsch, Dolores M. Acct #: School Cd: 473805 Southold School Roll Sect: 1 Taxable RS/S: Prop Class: 260 Seasonal res ~Parcel Land Size Front: 0.00 Acres: 0.54 Depth: 0.00 Sq Ft: 0 ~Grid Coordinates East: 2426889 North: 314121 File Maintenance Info Created: 10/21/1981 Modified: 02/18/2005 10:09AM By: AFM Folder: PARCEL 0 Document No.: Planning board/subdivision authority: 1 Transmittal Date: Subdivision approval required for transfer: No TOS Prop Class: 260 Seasonal res Parcel apprvd subdivision map provided: 3 Land & Building TOS Land AN: 0 Ownership type is condominium: TOS Total AN: 0 New Construction on vacant land: Transmitted Corrected Book: Property located in agricultural district: Corrected Page: Buyer rcvd agricultural district disclosure: No ~Attorney Info No i First: i Last: No I No = Phone: No , Corrections Data No i : Verify: Sale Owners Attention To/In Care Of Additional Address Unit Name Unit No. P.O. Box City St Zip Code Country 1825 Southold NY 11971 1825 Southold NY 11971 Bar Cd Owner Type Pdmary Additional I Sale Conditions iJ None Sale Owners Name Street No./Prefix DirlStreet Name/Suffix/Post Dir Betsch, John F. Betsch, Dolores M. Attention To/In Care Of Unit Name Unit No. P.O. Box City 1825 Southold 1825 Southold Additional Address St Zip Code Country NY 11971 NY 11971 Bar Cd Owner Type Primary Additional NYS- Real Property System County of Suffolk Town of Southold SWIS Code - 473889 - Parcel Information Curt Owner: Betsch, John F Location: 2325 N Sea Dr Southold, NY 11971 Sale Information ;~ Deed Date: 03/26/1999 Val Usable: No Deed Book: 11953 No. Parcels: Deed Page: 546 Part Parcel: Cntrct Date: Sale Type: i Sale Date: 03/11/1999 Deed Type: Sale Price: 1 Sale Status: T Pers Prop: 0 Alt SWIS: Sale Conditions E Not warranty Sale Summary for Sale on 03/t1/t999 For Current Year File 2005 Parcel ID: 54.-4-24 RPS030/V04/L001 Date: 2/18/2005 Sheet 2 of 2 Acct #: School Cd: 473805 Southold School Roll Sect: I Taxable RS/S: Prop Class: 260 Seasonal res Document No.: 0 1 Transmittal Date: No TOS Prop Class: 260 Seasonal res 3 Land & Building TOS Land A/V: 2,200 TOS Total A/V: 4,900 Transmitted Corrected Book: Corrected Page: Parcel Land Size - File Maintenance Info ~ Front: 0.00 Acres: 0.54 Created: 10/21/1981 Depth: 0.00 Sq Ft: 0 ~ Modified: 02/18/2005 10:09 AM Grid Coordinates ~ By: AFM ! East: 2426889 North: 314121 Folder: PARCEL Planning board/subdivision authority: No ; Attorney Info First: Subdivision approval required for transfer: No Last: Parcel apprvd subdivision map provided: No Ownership type is condominium: No Phone: New Construction on vacant land: No Corrections Data Property located in agricultural district: No : Verify: Buyer rcvd agricultural district disclosure: No -- J ~al~ C~nditions E Not warranty Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hail 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD VIA FAX MEMO To: Robert McDonough Re: John Betsch application The Board of Trustees, on February 16, 2005, issued a Wetland Permit for the above referenced project that located the house 10' landward and 5' was taken off the deck. Does the applicant need to amend their coastal erosion appeal to reflect these changes? Thank you for your help. Heather Tetrault Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 17, 2005 Mr. Robert McDonough Environmental Program Specialist Coastal Erosion Management Unit NYS Department of Environmental Conservation Bureau of Program Resources and Flood Protection, 4th Floor 625 Broadway Albany, New York 12233 Re: John Betsch application 2325 North Sea Drive, Southold Dear Mr. McDonough: The Board of Trustees is looking for some interpretation of the Coastal Erosion Regulations from your office on the above referenced application. The applicant was denied a Coastal Erosion permit by the Board of Trustees due to the fact that the proposed reconstruction of the existing dwelling was larger than what is allowed seaward of the Coastal Erosion line, in accordance with the code. The applicant appealed this decision before the Town Board and was granted a variance. Does this variance grant relief from just the regulations regarding the size of the house or does it grant them a variance from the whole Coastal Erosion regulation? In other words, does the applicant now need to come back to the Trustees to have their application reviewed under the Coastal Erosion Regulations, in order to insure that other requirements other than size are followed? We appreciate you assistance in this matter. Sincerely, Heather Tetrault Environmental Technician Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 26, 2005 Mr. Robert McDonough Environmental Program Specialist Coastal Erosion Management Unit NYS Department of Environmental Conservation Bureau of Program Resources and Flood Protection, 4th Floor 625 Broadway Albany, New York 12233 Re: John Betsch application 2325 North Sea Dr., Southold Dear Mr. McDonough: Thank you for reviewing the Betsch application with me on the phone yesterday. Enclosed is the current survey that is being used with this application. I checked through the file and it the Town Board did have the correct scale on the survey that was used for review. The incorrect survey was in the file and used for review by the Trustees. The Trustees are looking into aerials that show the location of the contours to the west. They are possibly proposing that the house be brought back behind the existing house and in line with other houses to the west. This would also require reducing the size of the driveway and the size of the house. They would also like to see some restoration of the dune that probably existing before the house was built. Thank you for your assistance in following the regulations on this application. It would be helpful to have in writing that the whole area is "primary dune" as a natural protective feature. Sincerely, Heather Tetrault Environmental Technician January 25, 2005 Re: John Betsch Conversation with Robert McDonough House is located all in the primary dune House was bought knowing there are restrictions on the property It is a summer cottage and that is its use. What is the actual square footage of the newly constructed proposed house? (3210 sq. feet- twice that if 2 story) That is above and beyond the regulations that are in place. What is the hardship? (To have a year-round house?) Is it self-imposed? How is practical difficulty demonstrated? The MINIMUM necessary addition should be considered. 25 percent addition is allowed; a second story allows for 50 percent without additional ground coverage. The proposed drive way is more ground coverage and needs to be minimized. The deck is additional ground coverage. The area has NOT accreted significantly. Has the Town Board looked at the 5 tests for a variance? 1. No alternative site 2. Mitigate adverse impacts 3. Minimize to overcome practical difficulty 4. Is there a flood/erosion problem 01/19/2005 11:01 FAX 83172723 T~OMEYLATHAMSHEA&KELLEY ~002/002 TwOMEY, LATHAM, SHEA & KELLEY, LLr January 19, 2005 Board of Tm~te, es Town of Southold P.O. Box 1179 53095 Main Road Southold, NY 11971 L Board of Trustees Attn: Lauren Re: Application of John Betsch, North Sea Drive, Southold Dear Members of the Board: Please let this letter serve as confirmation that thc above referenced application which is presently scheduled for Public Heating today, January 19, 2005, shall be adjourned until the February Public Hearing date before the Board of Trastoes. Thank you. TKP:dp Very uuly yours, 01/19/2005 11:01 FAX 63172723 T~OMEYLATHA~SHEA&KELLEY ~001/002 Twomey, Latb*m~ Shea & Kelley 33 West 2nd St., Box 9398 Rlverhead, NY 11901 TELEPHON~. (631)727-2180 TF. LEFAX (631) 727-1767 FAX COVER SHEET TO: ATTN: FROM: Board of Trustees, Town of Southold Tracy Karsch Palumbo TEH~COPY NO.: 765-6641 CODE#: 123 $ TRANSMISSION DATE: January 19, 2005 NUMBER OF PAGES FOLLOWING THIS COVER SH~-r: 1 n: ANY OF THESE PAGES ARE NOT LEGIBLE, PLEASE CALL (631) 727-2180 AND NOTIFY: DIANE PALADINO THIS TRANSMISSION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDI~SSED, AND MAY CONTAIN CONFIDENTIAL INFORMATION BELONGING TO THE SENDER WHICH IS PROTECTED BY TH]~ ATTORNI~Y-CLII~NT PRMLEGE OR OTHER DOCTRINE. I~ YOU Ai~ NOT THE INTENDED RBCIPII~NT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR THE TAKING O1: ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS INFORMATION IS STRICTLY pIIOHIBITED. IF YOU HAVII RECEIVED THIS TRANSMISSION IN ERROR, IMMEDIATELY NOTIFY US BY TELI~PHONE TO ARRANGI~ FOR 1TS RFIN3RN. THOMAS A TWOMEY, JR STEPHEN B. LATHAM JOHN F SHEA, III CHRISTOPHER D KELLEY MAUREEN T. LICCIONE DAVID M DUBIN© p EDWARD REALE PETER M MOTT SL~ZANNE V SHANE Brownell Johnson, Esq. Office of the Town Attorney Town of Southold P.O. Box 1179 53095 Main Road Southold, New York 11971 TWOMEY, LATHAM, SHEA & KELLEY, LLP ATTORNEYS AT LAW 33 WEST SECOND STREET Mailing Address: P. O. BOX 9398 RIVERHEAD, NEW YORK 11901 TELEPHONE: (631) 727-2180 FACSIMILE: (631) 727-1767 Direct fax: (631) 727-2385 Ext. 216 2004 RE: Application of John North Sea Drive, Southold E HAMPTON OFFICE EAST HAMPTON, N.Y. 11937 (631) 32 00 51 HI[={- ~TREET 105 MAIN STREET PORT JEFFERSON STA, N.Y 11776 (631) 928 4400 8Ay SHORE OFFICE ONE EAST MAIN STREET, SUITE 1 BAY SHORE, NY 11706 (631) 665 8300 HAUpPAUGE OFFICE 400 TOWNLINE ROAD HAUPPAUGE N Y 11788 Dear Mr. Johnston: In connection with the above-referenced project and in preparation for Thursday evening's hearing, enclosed please find an original and six copies of the Affidavit of John C. Ehlers, Land Surveyor, in support of the application. Thank you for your courtesy and cooperation. TKP:yq Southold 7own 08/23/2004 10:21F~X 8317272385 TWO~EYLATHAMSHE^~KELLEY ~002/005 I~()r'\ RI) ()l7 TOWN 'IRI TO\VN OF SOUTIIOI.D ,1()} ~N Bt~'I'S(?t I ........................ . ST,XTI OF NEW Y()RK JOIIN C. El II.ERS, being duty swt~rn, deposes and says: I. I am a IK:cnscd land survc),or. My New York 51 202. [ ~ll~llJl lh}~ aFfidavil m $ pp ri cfi linc application uf Jolm Betsch for a Coastal 2 I preparcd Tile survey daled ()clober IO. 2002 alld [asl revised on F'ebruary 2.20(M. allached iierem ns Iixhihit .X." Mr. Bcfach's appiik'atitm lc) the DEC ;md ('~ NIM J~los} u [~crlnil ,,M lhe tequesl of Vh'. Borsch, l reviewed :md compared prepared to the survey prepared by Kulhauck & PJllll, I.alld Sllrvcyors. P.C'. dated August 23. lO{)9 ;md attached hereto as x ~ bit "B," · [ A comparison of d~e two sm'xc)'s shc, ws th;tt d~e [x~ach ~m Mr. Betsch's i~['oi]c]'ly Jills ill('l't'llSCd by IIIOre tllarl 24 t'e[~r over Tile JJlgl five years The sOt~lJlwcsl bolmdayy of' Ibc property, as Jncasurcd from the edge of the properly bordering Norlh Sea Drive Io Lhe high mfe mark, i~K-~cascd lmm 2(}2,00 tk'el It) ~.('). 18 feel during I'hc rune Mr, Bctsc / has owned Ihe plopert~ and likewise, thc mn'thc:asr 08/23/2004 10:21 FAX 8317272385 T~OMEYLATH^MSHEA&KELLEV ~ 003/005 nt~)it:-;lll'.t~d I'I'OID lh~.' ':.'~.I~-' ~.q' lJI'L' propcu'i~ bordering North Sea Driv~ 5. I~nscd on my sm'vc),ing ;~1' Mr Bdsvh's Im~pcrty and my rcvivw ul' thc ,,n:xk:d, re, thcs, il has incr~'ased by al least 24 5;',Yc>ll.~lo before nic Ihi-, ~ l):,',' S?-hmc 20 )4, Tmcy Kerech P&lumb~ pu~llo, Statm o! N~w Yodl No. 02PA6087274 Qual#}ed in Suffolk County 06/'23/2004 10, 21 FAX 13317272385 ~_~JRVE¥ Ot= PROFiI~TY 'SITUATE, 50UTHOLI;) ~ : TOYqN, Sot.rTHOLD EcJI"FOLK COUNTY, NY' ... fi,,, .¢'/ ~,;," ! . . d9 "~ %. -% T~O~EYL^THA,SHEA&KELLEY I~ 004/005 08/23/2004 1022 FAX 8317272385 -o T~oME~THAMSHEA&KELL~ -0 0 NO~TH SEA DATE 005/005 New York State Department of Environmental Conservation Division of Environmental Permits, Region One Build[ng 40 ~ SUNY, Stony Brook, New York 11790-2356 Phone: (631) 444-0365 · FAX: (631)444-0360 Website: www.dec.$tate.ny, us Erin M. Crott~ Commissioner NO JURISDICTION LETTER - FRESHWATER WETLANDS/TIDAL WETLANDS ACT John Betsch 3 Winchester Huntington, New~ q 5, 2004 Re: Application #1-4738-03275/00001 Betsch Property, North Sea Drive, SCTM #1000-54-4-24 Dear Mr. Betsch: Based on the information you submitted the Department of Environmental Conservation (DEC) has determined that: Your proposed project to remove an existing single family dwelling and construct a new single family dwelling at North Sea Drive, Southold, SCTM # 1000-54-4-24 is more than 100 feet from regulated freshwater wetlands; The property landward of the 10' elevation contour on a gradual natural slope, as shown on the survey prepared by John C. Ehlers Land Surveyor, last revised February 17, 2004 is beyond Article 25 (Tidal Wetlands ACt) jurisdiction. Therefore, in accordance with current Freshwater Wetlands Regulations (6NYCRR Part 663) and Tidal Wetlands Regulations (6NYCRR Part 661), no permits are required under the Freshwater Wetlands or Tidal Wetlands Acts (Articles 24 and 25, respectively). Be advised that all construction, sedimentation, clearing, and/or ground disturbance must remain more than 100 feet from the freshwater wetland boundary and landward of the tidal wetland boundary. It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Freshwater Wetlands or Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hale bay berm. In addition, any changes, modifications or additional work to the project as described, may' require authorization by the DEC. Please contact this office if such activities are contemplated. Please note that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies or local municipalities. Sincerely, Mark C. Carrara Deputy Permit Administrator cc: A. Drozdowska BOH MHP file TWOMEY, LATHAM, SHEA & KELLEY, LLP ATTORNEYS AT LAW 33 WEST SECOND STREET P. O. BOX 9398 RIVERHEAD, NEW YORK 11901 TELEPHONE: (631) 727-2180 FACSIMILE: (631) 727 1767 www.$u ffoIklaw.com Email address: tkarsch@suffolklaw.com Direct fax: (631) 727-2385 Ext. 216 February 17, 2004 Albert J. Krupski, Jr., President Board of Trustees Town of Southold P.O. Box 1179 53095 Main Road Southold, New York 11971 RE: Application of John Betsch North Sea Drive, Southold EAST HAMPTON OFFICE 20 MAIN STREET EAST HAMPTON N Y 11937 {631) 324-1200 SOUTHAMPTON OFFICE 51 HILL STREET SOUTHAMPTON, N.Y. 11968 (631) 287 0090 PORT JEFFERSON OFFICE 105 MAiN STREET PORT JEFFERSON STA, NY 11776 (631) 928-4400 BAY SHORE OFFICE ONE EAST MAIN STREET, SUITE 1 BAY SHORE, N Y 11706 FEB 2' Z(:~ Southold Town Bosrd of Trustees Dear Mr. Krupski & Members of the Board: Enclosed please find a courtesy copy of a letter from the New York State Department of Environmental Conservation submitted in connection with the above- referenced application for a coastal erosion permit. Please note in paragraph 3 of the December 15th letter that that DEC has informed us that the proposed project is "generally approvable.' Thank you for your courtesy and cooperation. TKP:yq Enclosure Very tr.uly yours, Tr~P~ THOMAS A TWOMEY, JR STEPHEN B LATHAM JOHN f SHEA, IH TWOMEY, LATHAM, SHEA & KELLEY, LLP ATTORNEYS AT LAW 33 WEST SECOND STREET P. O. BOX 9398 RIVERHEAD, NEW YORK 11901 TELEPHONE: (631) 727-2180 FACSIMILE: (631) 727-1767 www.su ffolklaw.com Email address: tkarsch@suffolklaw.com Direct fax: (631) 727-2385 Ext. 216 Board of Trustees Town of Southold P.O. Box 1179 53095 Main Road Southold, New York 11971 Attn: Lauren February 20, 2004 RE: Application of John Betsch, North Sea Drive, Southold EAST HAMPTON OFFICE 20 MAIN STREET EAST HAMPTON, NY 11937 (631) 3241200 SOUTHAMPTON OFFICE 51 HILL STREET SOUTHAMPTON, N Y 11968 Dear Members of the Board: We represent the above-named applicant on his application for a Coastal Erosion Permit, the public hearing of which is presently scheduled for February 26, 2004. Please let this letter serve as a formal request that the public hearing be adjourned for one month. If there are any questions, please contact the undersigned at the Riverhead office listed above. Thank you for your courtesy and cooperation. TKP:yq Very trul/y yours, T JAY P, QUARTARAFIO1 JANICE L, SNEAD MARTHA L. LUFT TWOMEY, LATHAM, SHEA & KELLEY, LLP ATTORNEYS AT LAW 33 WEST SECOND STREET P. O. BOX 9398 RIVERHEAD, New YORK 11901 TELEPHONE: (6:31) 727-2180 FACSIMILE: (631) 727-1767 www. suffolklaw.com Email address: tkarsch@suffolklaw.com Direct fax: (631) 727-2385 Ext. 216 February 20, 2004 Board of Trustees Town of Southold P.O. Box 1179 53095 Main Road Southold, New York 11971 Attn: Lauren EAST HAMPTON OFFICE 20 MAIN STREPT EAST HAMPTON, N.Y. 11937 (631) 324-1200 SOUTHAMPTON OFFICE 105 MAiN STREET PORT JEFFERSON STA.. N.Y. 1177§ RE: Application of John Betsch, North Sea Drive, Southold Dear Members of the Board: We represent the above-named applicant on his application for a Coastal Erosion Permit, the public hearing of which is presently scheduled for February 26, 2004. Please let this letter serve as a formal request that the public hearing be adjourned for one month. If there are any questions, please contact the undersigned at the Riverhead office listed above. Thank you for your courtesy and cooperation. TKP:yq Very truly yours, New York State Department of Environmental Conservation Division of Water Bureau of Program Resources & Flood Protection, 4t" Floor 625 Broadway, Albany, NewYork 12233-3507 Phone: (518) 402-8151 · FAX: (518) 402-9029 Website: www.dec.state,ny.us December 8, 2004 Mr. Albert J. Krupski, Jr., President Board of Trustees Town of Southold 53095 Main Rd., PO Box 1179 Southold, NY 11971 Erin M. Crotty Commissioner ,, ,1 0 2004 $outhold Town Beard of Trustees Dear Mr. Krupski: The Department has been notified that a decision by the Town Board to adopt resolution #820 of 2004 was made on November 16, 2004. This resolution grants a variance from the requirements of the Town of Southold Coastal Erosion Hazard Areas Law allowing for demolition of an existing structure and replacing it with a significantly larger structure within the Coastal Erosion Hazard Area (CEHA)jurisdiction. As you already know, the Department monitors local CEHA programs as required under the State's Coastal Erosion Management Regulations, 6 NYCRR Part 505.19. Because of conflicting information received regarding what exactly was allowed by this resolution, I would appreciate it if a copy of the following could be forwarded to my attention: 1) relevant information that was used for determining if each of the variance standards had been met; 2) the practical difficulty or hardship that waspresented; 3) application, site plans or similar document with the dimensions and a description of what was approved; 4) a copy of the resolution and any other documents or information you can provide that is helpful in describing the approved development. I would greatly appreciate any assistance that your office can offer in obtaining this information. If you have any questions about this matter or Coastal Erosion Management, please contact me at (518) 402-8151. Sincerely, Environmental Program Specialist Coastal Erosion Management Unit CC: Town Board, Southold Eric Star, Environmental Program Specialist, NYSDEC Region 1 Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: FROM: DATE: RE: Albert J. Krupski, Jr., President James King, Vice-President ~-~ November 22, 2004 Application of John Betsch I have a concern regarding the survey in the Betsch file. In reviewing the file, it appears that the scale on the survey is inaccurate. The survey prepared by John C. Ehlers Land Surveyor indicates a scale of 1"= 20', however based on my review, it appears it should be 1" = 30'. I suggest we clarify this before we make a final determination. cc: E. Brownell Johnston, Esq. Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-1366 August 18, 2004 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. John F. Betsch 3 Wincester Lane, Huntington, N.Y. 11743 Via Certified Mail Re: JOHN BETSCH 2325 NORTH SEA DRIVE, SOUTHOLD SCTM# 54-04-24 Dear Mr. Betsch: The Board of Trustees took the following action during its regular meeting held on Wednesday, Au.gust 18, 2004 regarding the above matter: WHEREAS, JOHN BETSCH applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance under Chapter 97 of the Town Wetland Code and Chapter 37 of the Town Code of the Town of Southold, application dated October 17, 2003, and WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, at the November 19, 2003 meeting the Trustees advised the applicant that 25% %xpansion to an existing home is not allowed under Chapter 37 in a DUNE area, under 37-16, and, that Chapter 37 would not allow a permit to be granted for this project, and, WHEREAS the permit was the subject of several hearings, and, WHEREAS, a PUblic Hearing was held by the Town Trustees with respect to said application on August 18, 2004, 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, this application is for a MAJOR ADDITION in the Coastal Erosion Hazard Area, as defined in Chapter 37, and, WHEREAS, under Chapter 37 MAJOR ADDITIONS are not permitted in certain areas of the Coastal Erosion Hazard Areas, and, WHEREAS, the Applicant and his attorney have stated the permit is for a "MAJOR ADDITION" as defined by Chapter 37-6, Definitions, and, WHEREAS, the Trustees find the application is for, among other things, a "MAJOR ADDITION", after review of the submitted detailed plan, and, WHEREAS, the proposed activity is to occur in the DUNE AREA adjacent to Long Island Sound, and, WHEREAS, under Chapter 37-16:C "All other activities and developments in dune areas are prohibited unless specifically provided for by this Chapter" and, WHEREAS, a MAJOR ADDITION in a DUNE AREA is not specifically provided for under Chapter 37, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this. application, and, NOW THEREFORE BE IT RESOLVED, that the Board of Trustees DENY WITHOUT PREJUDICE the application of JOHN BETSCH to construct a two-story single-family dwelling with a two-car garage in place of the existing one-story, two-car garage and dwelling, and to be built on wood pilings because of the above reasons and determinations, BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency, which may also have an app~cation pending for the same or similar project. Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK: hct Cc: Kieran Corcoran, Assistant Town Attorney, and Town of Southold E. Brownell Johnston, Assistant Town Attorney 07/21/2004 10:27 FAX G31(i1~2385 TWOMEYLATHAMSHEA&KE ~001/003 ,JUL 21 2004 Southold Town Board of Trustees Albert J. KrupskL Jr., Pre~:ident Board of 'l'mw~ of St>uLhold P.O. Box 1179 53095 Main Rvad Southold, New York 11971 July 21, 2004 RE: Application of John Betsch, 2325 North Sea Drive, Southoht, NY L)~ar Mr. Krupski & Members of the Doard: I write Lo memorialize ri'l} telephune conversation with Assistant Town Attorney Brownell Johnston on July 14, 2004 regardirtg tl~e Board's discussions with Robert McDonough and Eric Start of the New York Stale [)eparl:l~ent of Erlvironnlu'ntaJ Conservation (hereinafter "I)EC") pertaining to the above rcferem;ed application Ivr a Coastal Erosion Management Permit. During that conversation, Mr. Jolmston irfforrned me that the Boarcl's suggestion that the 8etsch property may have been situated in d~e "structural hazard arpa" was incorrect based upon1 the DEC's confirmatio,~ that there is 11o erosion on [.]lu sub,cot property. Notwithstanding that tact, Mr. Johnston advised that Ihe [3oard xvou[d mo~t likely deny a coastal erosion permit to the Mr. Betsch based solely upon the recommendation of the DEC. I respectfully submit that a denial of this application m~der these circumslmlces is arbitrary, capricious and in violal:ion of the statutory mandate set forfl~ in Chapter 37 of th~:~ Southold Town Code. Pursuant Section 37- 4 oil tb.e Town Code, the Board of Trustees is designated as thc Administrator of Ihe Coastal Erosion Fhtzard Area I,aw within I. ht! Town Southold. As such, die DI£C has relimluished jurisdictioil over coaslat erosion hazard areas in the Town of Southold t,, tile Board of Trustt!es, whid~ ha,s the s,)le discretion to issue permits for regulated activities within coastal erosion hazard areas, 07/21Z2004 10:27 FAX T)ONEYLATHAMSHEA&K 002/003 July 2'1, 2t)04 l' age 2 As the Board is aware, Mr. Bet~ch seeks a permit to demolish the existing strtlcl'tlres t>~ big property and replace them ~vil"h a new three bedroom ]lOllle with a~l attached garage. Although we maintain that the placement of the coastal erosion hazard line on the applicmWs property is unjustified, it is conceded that a costal erosion management permit is required, pursuant to geckion 37-1 'l of the 'l'owt~ Code, since the proposed construction is by definition a regulated activity trader the Town Code. The issuance of a permit by the Administrator is, therefore governed $~y:tion 37-'12 of the Town Code which provides that: % coastal erosion management permit may,. be issued by il~e Administrator for any "regulated activity" which satisfieg the folk)wing criteria: It is rttagOllab]c and ,'"~' , ncr.cs, ar) considering reasonable alternativeg to the prop :~ed nctivity and extent 1o which the proposed activity requires a shoreline location; It' s not likely to call tl~e measur,tble increase oF erosion of thc pl'Oposed Site and in other localJ, t~ns; and Prewtnt, it possible, or 01i)limizes ll~e e[:fects~ ol1 natural protective procedures alld their functions and protectiwt valtles, e×istil~g erosion protection structures and i~atural rcgources. ,As set forth in our May 25, 2004 letter to tile board, it' is respectl:uIly submitted thai the proposed pr<&ct complies with all uf the above crileria, tt is reasonable in that il is entirely in keeping with the character of the surrounding homes on North Sea Ddve and, as stated previously, it is entirely compliant with the Town Zoning Code and FEMA requirements. The construction is necessary to create a suitable year round rosidcn('c for the applicant. Thc new bt)me will be b,ilt on pilings which wi]l actually decrease the actual allqOkllq[: of ground coverage and fhe site's natural protective features ~vill be enhanced by the project. Moreover, based on your recent discussions with the DEC, it is npparent that there is no measurable erosion on tl~e gubject property and, as guch, there is logically little ii any justification for denying the applicant a coastal erosion management permit. It is noteworthy that tile 13oard's consideration of the percentage increase square footage resultfng from the proposed construction, i.e., greater than 25%, is misplaced here. Although it was suggested during the hearings of this application tl~at the proposed construction was a "major addition", defined il~ the Town Code as "an addition tt~, a structure resulting in a , or greater increase in the ?2round area coverage... , it i~ clear that the applicatitm proposes a reconshx~ction whid~ is simply a regulated activity requiring a permit. A~ such, while the size of the proposed structure ~llay be relevant to Ihe Administrator'~ analysis of the reasonablenes= of the activity, there is no provision in Chapter 37 that mandates the denial ota permit where the proposed ctmstruction will result in a footprint that is more than 259{, greater than the size of the existing structures. 07/21/2004 10:28 FAX T~OMEYLATHA~SHEA&K i¥ ~003/003 · luly 21, 200,!1 Page 3 In conc[uskm, we reiterate that the ptloposed constructiol~ ~4atisfit:s the criteria set forth in Section 37...12 of the Town Code fop tho issuance of a coagtal ero~icm management permit and there is nothing of record to the contrary. We therefore urge the Board to reconsider its deference to the DEC, ~vNch is without jurisdiction to review or grant applications for coastal erosion management pol'llqjts in the Town of Southold, and to adhere to its responsibilities as the ~oh.t Adminish'aeor of the Coastal Erosion Hazard Area Law under the Town Code. Thank you for y .~u cot~rte,iy arid cooperation. TKP:),q cc: Brmvnell Johnston, Esq. 0fl±ce of the Towf~ Attorney Vl:¥y tl"tllv ¥Ol.ll'S, ,../ . 1/f ,/ ,'(..//1/../t '?racy KaMch l'alumbo Browneli Johnston, Esq. Office of the Town Attorney Town of Southold P.O. Box 1179 53095 Main Road Southold, New York 11971 TWOMEY, LATHAM, SHEA & KELLEY, LLP ATTORNEYS AT LAW 33 WEST SECOND STREET Mailing Address: P. O. BOX 9396 RIVERHEAD, NEW YORK 11901 TELEPHONE: (631) 727-2180 FACSIMILE: (631) 727-1767 Email address: tkarsch/asuffolklaw.com Direct fax: (631) 727-2385 Ext. 216 STREET (631) 3241200 SOUTHAMPTON OFFICE 105 MAIN STREET PORT JEFFERSON STA, N.Y. 11776 June 2004 RE: Application of John Seuthol§ Town Board 01 Trustees Sea Drive, Southold Dear Mr. Johnston: I write in response to the Board's comments on my letter of June 9, 2004 and Memorandum in Support of the above-referenced application. Enclosed you will find copies of two surveys, one by Kulhanek & Plan Land Surveyors, P.C. dated 8/23/99 which was prepared in connection with the applicants' purchase of the subject property and the most recent survey prepared by John C. Ehlers Land Surveyor in connection with the instant application, dated 2/2/04. A comparison of the two surveys shows the southwest boundary line of the Betsch property (bordering on the Pearlstein property) measuring 202.00 feet in 1999 and measuring 226.18 feet in 2004. Likewise, the northeast boundary line of the applicant's property which borders on the beach parking lot measured 204.00 feet in 1999 and in 2004 measured 233.70 feet. Based upon this comparison, the beach on the applicant's property was increased by more than 24 feet over the last 5 years. Therefore, we submit that the subject property is not located in a structural hazard area as defined in § 37-13 of the Town Code as the shoreline is not receding at a rate of "one foot or more per year." Based on the above, the applicant requests that the Board take notice of the attached surveys, the discrepancy in the distances between the road and the shoreline in the surveys, and that from 1999 to 2004 the beach on the property depicted on the surveys has increased by more than 24 feet. Furthermore, that there has been no June 23, 2004 Page 2 erosion on the subject property over the last five years rather, the beach has increased in size. I trust this information will be helpful and welcome any questions and comments. Thank you for your courtesy and cooperation. TKP:yq Very tr,uly yours~ T~umbo '0 NO TH 0 KULAK & PLAN lAND SURVt=YORS, P.C. TELEPHONE: 80~,541~i24 S~:CTION I BLOCK GUARANTEED TO DATE . COUNTY N ?ROPOS~P ~EPTIC, 5Y~TEi'4 DETAIL NOT TO ¢CALE THOMAS A TWOMEY, JR STEPHEN B LATHAM JOHN F SHEA, HI CHRISTOPHER D KELLEY MAUREEN · LICCIONE DAVID M DUBIN <'> TWOMEY, LATHAM, SHEA & KELLEY)~e ATTO R N E Y S AT LAW 33 WEST SECOND STREET RIVERHEP~OD: r~OE~VgYE(~CiK 11901 TELEPHONE: (631) 727 2180 FACSIMILE: (631) 727 1767 www suffoIklaw.com Southold Town Board of Trustees Via Facsimile and Hand Delivery_ ch(wsuf folklaw .com Mr. Albert J. Krupski, Jr., President Board of Trustees Town of Southold P.O. Box 1179 53095 Main Road Southold, New York 11971 (631) 727-2385 ~xt. 216 ~PTON OFFICE RE: Application of' ~L~-- 2325 North Sea Drive, Southold, NY Dear Mr. Krupski & Members of the Board: .,,-~z ~d¢ ~,'/ This letter is submitted in further support of the oa~ve-referen{ application wherein Mr. Betsch is seeking a Coastal Erosion Management Pern pursuant to § 37-11 and § 37-12 of the Southold Town Code, to renovate a sin le- family dwelling on the above-referenced property. The existing structure has ground coverage of approximately 1,782 square feet. It is a summer cottage with a garage, deck and patio. Mr. Betsch proposes to renovate his home for year- round use by constructing a 3-bedroom house with a garage and a deck totaling approximately 2,800 square feet which includes a 2-car garage. The proposed new construction will increase the existing footprint by approximately 53%. At the outset, it is noteworthy that the proposed structure is entirely in keeping with the character of the homes along North Sea Drive, many of which have been renovated or reconstructed in the recent past. The proposed construction is also entirely compliant with the dimensional provisions set forth in the Southold Town Zoning Code and meets and in fact exceeds the FEMA requirements as it will be built on pilings thereby significantly decreasing the actual amount of ground coverage from the existing foundation. In addition, as the Board is aware, the DEC issued a letter of non-jurisdiction on March 4, 2004 May25, 2004 Page 2 since the proposed construction is to take place in excess of 100 feet from any fresh water wetland. As the Board is aware, although Mr. Betsch would be otherwise able to proceed with the proposed construction as of right, the inexplicable placement of the coastal erosion hazard line along North Sea Drive in the vicinity of the Betsch property implicates this Board's jurisdiction, as Administrator of Chapter 37 of the Southold Town Code, to review the present application. It is respectfully submitted that notwithstanding the comments of Robert McDonough of the Coastal Erosion Management Unit in his letter directed to Mr. Krupski on December 17, 2003, a reconstruction or an increase of 25% or greater in ground coverage is not prohibited and does not require a variance under the Town Code. To the contrary, for the reasons set forth below, we respectfully submit that this Board has the absolute discretion and jurisdiction to issue the requested permit by application of the express criteria set forth in § 37-12 of the Town Code to the circumstances presented here. §37-11 of the Town Code, entitled "Permit Required for Regulated Activities" states in pertinent part as follows: "No person may engage in any regulated activity in an erosion hazard area as depicted on the coastal erosion hazard area map of the Town of Southold, as amended, without first obtaining a coastal erosion permit." §37-6 of the Town Code define "Regulated Activity" as: The construction, modification, restoration or placement of a structure, or major addition to a structure... A "Major Addition" is defined in the same section of the Town Code as: An addition to a structure resulting in a 25% or greater increase in the ground area coverage of the structure other than an erosion protection structure or pier, dock or wharf .... A review of § 37-11 in conjunction with the aforesaid definitions confirms that the proposed construction by Mr. Betsch of an addition which will increase the ground area coverage by greater than 25%, is a regulated activity for which a permit may be issued by this Board pursuant to §37-12. The issuance of a Coastal Erosion Management Permit is governed by § 37-12 of the Town Code which states in pertinent part as follows: May 25, 2004 Page 3 A coastal erosion management permit will be issued only with a finding by the administrator that the proposed regulated activity: A) Is reasonable and necessary considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location; B) Is not likely to cause a measurable increase of erosion at the proposed site and in other locations; and C) Prevents, if possible, or minimizes the effects on natural protective features and their functions and protective values, existing erosion protection structures and natural resources. It is respectfully submitted that the proposed project complies with all of the above criteria. The proposed construction is reasonable as it is entirely in keeping with the character of the surrounding homes on North Sea Drive and, as stated previously, is entirely compliant with the Town Zoning Code and FEMA requirements. That is, the Betsch's home will be built on pilings which will actually decrease the actual amount of ground coverage. As to whether the proposed construction is necessary, it is obvious that a determination of necessity is largely subjective. While that determination may depend on the varying experiences and preferences of the individual trustees, it is respectfully submitted that the determination of necessity in this context should be evaluated objectively, in the absence of any guidance to the contrary in the Town Code. The proper inquiry, therefore, is whether the proposed construction is necessary for the intended use of the property by the applicant. The existing structure is a summer cottage. The Betschs' seek this Board's approval in order to construct a year-round residence of average proportions in an aesthetically pleasing design comparable to and in keeping with the character of the homes in the community. As for the second criteria of § 37-12, the applicant submits that there is no indication in the record of this application that the proposed construction will in any way increase erosion in any measurable fashion. Likewise, with regard to the third criteria, although the DEC has not offered any guidance as to why the CEHA line is placed along the edge of North Sea Drive, or which natural protective feature exists on the Betsch property, it is respectfully submitted that the proposed construction will have no adverse effect on any natural protective feature, their functions or protective values. To the contrary, the applicant submits that the site's natural protective features will, in fact, be enhanced by this project. As the Board will recall from its recent site inspection on May 12, 2004, the Betsch property is flanked to the east by a beach parking lot and to the west by the Pearlstein residence for which a Coastal Erosion Management Permit May 25, 2004 Page 4 was issued in 1997 for an addition which increased the ground coverage in excess of 50% of the then existing footprint. Based on the foregoing, the applicant respectfully requests that the Board of Trustees, as Administrator, issue a Coastal Erosion Management Permit to Mr. Betsch for the proposed regulated activity pursuant to § 37-12 of the Southold Town Code. We remain available, as does Mr. Betsch, to address any remaining questions, concerns, comments or suggestions the Board may have relevant to this application. Thank you for your consideration. Very truly yours, Tracy ~arsch Palumbo TKP:yq CC: Brownell Johnston, Esq. Mr. John Betsch ~./Macintosh%20HD/System%20Folder/ Coastar Erosion Hazard Areas/Betsch Wednesday, June 2, 200~ ,- re fe rences/Netscape%20%C4/Mail/Inbox?id= Date: Wed, 2 Jun 2004 09:26:55 -0400 From: "Corcoran. Kieran" <Kieran. Corcoran(q~town.southold.ny.us> .... : ': ,,,< . '_ To, eb~-ean~nvbb.net ebj-ean¢~nvbb.net> regarding his application for a Coastal Erosion e as the relevant Chapter of the Town Code (37), entitled Coastal Erosion Hazard Areas. Under section 37-13(B) of that Chapter, the Code is unambiguous in stating that, with regard to "regulated activities within structural hazard areas", "It]he construction of nonmovable structures or placement of major nonmovable additions to an existing structure is prohibited." I understand that you have been informed that the proposed activity falls within a "structural hazard area" as defined in the Code, and I assume that to be true. I also assume that the proposed activity, conceded by applicant to be a "regulated activity", qualifies as either the construction of a nonmovable structure or the placement of a major nonmovable addition. (Applicant concedes that the proposed activity is a major addition, and there is no reference to its mobility.) Accordingly, if these assumptions are correct, the proposed activity would be prohibited and the applicant would be required to seek a variance from the Town Board in order to proceed. Applicant contends in his letter that a permit may be granted under the standards of section 37-12. However, that section must be read in conjunction with the prohibition in section 37-13, or the latter section would be rendered meaningless. I hope this is of help to you. Kieran Corcoran Page: 1 .( T~,'OME¥, LATHAM, SHEA & KELLEY, LLP 33 WEST SECOND S'I'FIEET Board of Trustees June 9, 2004 Bro,,'nel] Johnston. Esq.. Office of the Town Anomey, Town of Southo]d PO Box l 1'9 53095 Main Road Southold_ N~/ 119~1 Re: Application of John Betsch, North Sea Drive, Southold Dear Mr. Johnston: Enc[o_~ed please find six copies of our memorandum submitted on behalf of the applicant in preparation for our meeting today at your law office located at 400I Wells Road, Peconic, New ~ ?rk. The memorandum addresses the questions raised by the Board of "rustees in accordance ~ kh my May 25~" len'er concerning the above application, Thank you. TKP~q Cc: Verytrt. dyyours, / //~ Trac)/ John Bet.~h TO'd T61~aDLT~gT=(II ~IDIzI,TO /fi~'I NO.I.~NHOI' 60:60 ~aO-TT-90 86-11-84 ~9:89 JOHNSTON LA~ OFFIOE ID=1~17~45891 P.82 MEMORANDUM IN SUPPORT OF THE APPLICATION OF JOHN BETSCH FOR A COASTAL EROSION PERMIT CONCERNING TIlE PROPERTY LOCATED AT 2325 NORTH SEA DRIVE, SOUTHOLD, NEW YORK At the request of the Board, we have undertaken to review Section 37-13 (B) of the Code of the Town of Southold (hereinafter "the Code") in conjunction with Section 37-12 of the Code and the within application of Mr. Betsch for a Coastal Erosion Management Permit to renovate a single-family dwelling on the above-referenced property, It is our position that Section 37-13 (B) of the Code does not have any bearing on this application for the following reasons. Section 37-13 of the reads as follows: "37-13. Structural hazard area. The following restrictions apply to regulated activities within structural hazard areas: ... B. The constructinn of nonmovable structures or placement of major nonmovable additions tt~ an existing structure is prohibited," A Structural Hazard Area is defined in the Code Those shorelands located landward of natural protective features and having shorelines receding at a long-term average recession rate of one (1) foot or more per year. The inland bonndary of a "structural hazard area" is calculated by starting at the landward limit of the fronting nalural protective feature and measuring ah~ng a line perpendicnlar to the shoreline a horizontal distance landward which is forty (40) times the long-term average annual recession rate, Emphasix added. To date, no natural protective feature has been identified on the applicant's propen? either by the Town of Southold or by the DEC. As such, it would be improper to app(~ flus section concerning Slrucmral Hazard Areas, as the property in question has not been identified as a Structural Hazard Area. Furthermore, even if a cognizable protective 09:11 $OHNSTON LAW OFFICE ID=15317345891 feature could be precisely located, the application of the fornmla to calculate where the inland boundary lies reqnires an analysis by a qualified expert of the long term average recession rate of the shoreline on the Betsch property, To our knowledge, the record is devoid of any such analysis by the Board and therefore, the designation of the Betsch properly as a Structural llazard Area is speculative. P.OI Based on tile above, it is our position that Section 37-13 (B) of the Code is not applicable lo the Board's deciding this application as it has not been determined that the property is located in a Structural Hazard Area, Furthermore, as previously submitted to the Board, the proposed application will have absolutely no adverse impact on the environment and is entirely compliant with the Town Zoning Code and FEMA requirements as the structure will be built on pilings which will actually decrease the amount of ground cnverage on the property. There is simply nothing in the record which suggests that the proposed construction will in any way increase the rate of erosion on the property. 06-02-04 10:42 $OHNSTON LAW OFFICE Subject: Coastal Erosion Ha~rd Areas/~tsch Date: Wcd, 2 Jun 20~ 09:26:55 ~00 From: "C'o~ran. Kieran" <~jeran. Corcon~m;i:towmsouthold. nv.~ To: ~!~igg'~ti(~nvhh.nef' ~i-~tifii~nvb!?.C~ (.~ ~ ~ I /~"~ ~"~" --'; Brow-nell: Y have taken a look at the letter received from counsel forth Betsch--~.~----~J- regarding his application for a Coastal Erosion Manag~ent as the relev~t Chapter of the To~ Code (37), entitled Coastal Erosion Hazard ~eas. Under section 37-13(B) of that Chapter, the Code is un~iguous in stating ~hat, with regard to "regulated activities within st~ctural hazard areas', "It]he construction of honorable structures or placement of major nonmo~ab]e add~tions 5o an existing structure is prohibited." I underst~d tha~ you have been informed that the proposed activity fails within a "structural hazard area" as defined in the Code, ~d I to be true. I also assume that the proposed activity, conc~ by app!ic~m to be a "regulated activity", qu~llfies as either the construction of no.ovUle st~cture or the placement of a major no.ovUle addi~ion- (~plicant concedes that the proposed activity is a major addiKion, ~d there is no reference to its ~bility.) Accordingly, if these ass~pmions are correct, the proposed activity would be prohibited and the app!~can~ would be re~ired to seek a variance fror. the To~ Board in order to proceed, Applicant conte~lds in his letter that a permit may be gr~t~ under s~andards of section 37-12. However, that section mus~ be read conjunction with the prohibition in section 37-13. or 5he latter sec%ion would b~ rendered meaningless. hope this is of help to you. Kieran Corcoran )~ ~-~ ~-~ SUCCESSFUL TX REPORT 6)5-3~-84 17:3! ID: 1631734589! JOHNSTON LAW OFFICE JOB No. START TIME ID No. RESOLUTION TOTAL PAGE MACHINE ENGAGED INFORMATION ERROR PAGE ................. 947 ................. 17:28 ................. 7651366 ................. STANDARD ................. 82'~6 May 25. 2.004 Page 4 January 2t, 2004 BY FAX: 631-765-1366 Attn.: I,auren Board of Tru,qrccs Town o[' Soulhold PO Box 11'79 53095 Main Road . Southold. NY [ 1971 Re: .A..i.}.plication o1' [.q_LL~t".!_~'iC.,.G_.No_J2tlL~.~.a.D__rive, Southold Dear Members of i'l~e [loard: Pica,se be advised that I have r¢lained the ktw firm ofTwomuy, l..atham, Shen & Kelley LLP represent mc in Ihe '4bove-re£ercllccd matter, presently pending bel'om thc Town of Southold I.?,oard of Tru,qlecs, As such, please Icl this letter serve as my notice to the Board that the law firm is my agcnl on this application alld are :tuthorb'cl] to aCl. o1~ my behalf with respect to this matter, Thank you. T K P/yq dc: ~T 01/20/2004 12:38 F^× 6317272385 T~OMEYLATH&MSHE^&KELLE¥ ~001/002 TWOMEY, LATHAM, SHEA & KELLEY, LLP ATTORNEYS AT LAW 33 WEST SECOND STREET P.O. BOX 398, RIVERHEAD, NEWYORK 11901 (631) 727-2180 TELEFAX: (631) 727-'[767 FAX COVER SHEET TO: 'I'racy 'K. Palumbo FROM: I.aurer~ Board of Trustees DESTINATION FAX NO: (631) 765-1366 Client Code #: 928 TRANSMISSION DATE: January 20, 2004 SUBJECT: Application of John Betsch North Sea Drive, Southold TOTAL PAGES: 2 Il:: ANY O1,: THESE I AGES ARE NOT LEGIBLE PLEASE CALL (63'1) 727-2180, AND NL 'I']FY YOLANDA QUESADA. I }tIS'i't'IANSMI~;$1~.}N 1.'4 INFb'NDE[) ONLY FOR THE USE OF THE INDIVIDUAl. ()1'~ ENTITY lO WlllCI[ I1' IS ADDRESSED, ~D MAY CONTAIN (-'ONI;IDI~N'I'IAE [NFORMATION BELONGING TO THE SENDER WHICH [S PI([TYI'ECTI~D BY TIlE A~'ORNEY-CLIENI I'RIVII,IJGE OR OTHER EX3CTRINE, II; YOU ARb: NC)T TIlE INTENI)ED RECIPII~NT, YOU ARE HEREBY NOTIFIED I'I-.IA'I ANY DISCI.L~UJ4E, COPYING, DISTI~IBUTION OR THE TAKING OF ANY ACI'ION IN RELIANCE ON 'FILE CONTENTS OF THIS INFORMATION IS STRICTLY PROIHBITI~I:3. IFYOU HAVE RECEIVED TIllS TRANSMISSION IN ERROR, IMMEDIATEI,Y NOTIFY US BY TEL, EPHONE I'O ARRANGE FOR FI'S RE"I URN, 01/20/2004 12:38 FAX 8317272385 T)OMEYLATHAMgHEA&KELLEY ~002/002 BY FAX: JAN 2 0 2004 ~outbold Tow. __ ~Oard of January .0, 2004 631-765- 1366 Allltl.: |,al I'Ci hh',:.u-d ',)1: Trustees Town ol Soulhc Id P() Box 1179 53095 Mare Road Southold, NY 11971 Re: Application o[~!b¢_Belsch, Nnr[~.~a~rive. Soulhold Dcar Mc Illbers o ~ he I:to;.lrd: WC J J[lVC IlC:[;O Jlt [ ), hcen i'eLaJned to i'cprcscn[ MI', Betsch in thc abovcq'et'crenced app]icalion i' z C?* asta E 'us u 1 permi, which is pending Ir~¢for¢ tho Sm~thold Town Bo:u'd oF Trt~slees. This matleF is presently scheduled fur a public hcuring hm~ormw evening, January 21. Pk..a.~.- s- let ihis letLcr SeFVC aS a re. quest It I' a postponcnlcnt of the public hearing orl Il)is II1~111~,~1' Ullli[ I]lC IlCt! hO.l/FiBg ri;itc in February. In addition, II~c. npplicant al,so rcfjucgls lllal Ibis matter be placed on thc B ,md s work session ag:,cIlda for tom .~r- ')w evening, Jail kllll'y 21. Thanl~ you. TK P/yq Ve!}y truly yours, -) . .[' . ,=.Y / ::~,::,,' '~1 racy Ix~k~ch F alumbo )t)hn Borsch · New York State Department of Environmental Conservation Division of Environmental Permits~ Region One Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone: (631) 444-0365 · FAX: (631) 444-0360 Website: www.dec.state.ny.us December 15, 2003 Frank Notaro Architecnologies P.O. Box 93 Mattituck, New York 11952 Re: Application #1~-4738-03275/00001 Betsch Properly, Nodh Sea Drive, SCTM 1000-54-4-24 Erin M. Crotty Commissioner Dear Mr. Notaro: The Department of Environmental Conservation has reviewed your client's request for a Tidal Wetlands Non- Jurisdiction determination for the above referenced property, and we have the following comments. Department staff has inspected the site and has determined that due to the dynamic nature of this changing shoreline it cannot be determined if the 10' elevation contour line is permanent. Therefore if your client wishes to further pursue a Non-Jurisdiction determination, winter elevations must be added to the project plan. Be advised, a Non-Jurisdiction letter may not be approved even after this submission. However, the Department finds the proposed project to be generally approvable should your client choose to pursue a permit. In order to pursue a permit, the following information must be submitted: Please provide the percent adjacent area coverage for the existing and proposed structures and paved areas. As you are aware, pursuant to the development restrictions of 6NYCRR Part 661.6(a)(4) (Tidal Wetlands Regulations), not more than 20% of a lot may be covered by existing and new structures. Therefore, this information is requested to ensure that the new structure will not exceed the maximum allowable coverage. You must show the Coastal Erosion Hazard Line on the plan. Regardless of the option your client chooses, the scale is labeled incorrectly on the plan as 1" = 20'. The scale must be corrected. Additionally, the apparent high water line as shown on the survey is inaccurate. Department staff found the apparent high water line to be located 98' from the existing deck. P!ease correct the plans and resubmit 5 copies. can be reached at (631) 444-0351 if you have any questions or wish to discuss this matter further. Sincerely, cc: J. Betsch MHP file Naomi Brown Environmental Analyst Sootholcl Town Board of T[ostees New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone: (631)444-0365 · FAX: (631)444-0360 Website: www.dec.state.ny.us December 15, 2003 Frank Notaro Architecnologies P.O. Box 93 Mattituck, New York 11952 Re: Application #1-4738-03275/00001 Betsch Properly, North Sea Drive, SCTM 1000-54-4-24 Erin M. Crotty Commissioner Dear Mr. Notaro: The Depadment of Environmental Conservation has reviewed your client's request for a Tidal Wetlands Non- Jurisdiction determination for the above referenced property, and we have the following comments. Department staff has inspected the site and has determined that due to the dynamic nature of this changing shoreline it cannot be determined if the 10' elevation contour line is permanent. Therefore if your client wishes to further pursue a Non-Jurisdiction determination, winter elevations must be added to the project plan. Be advised, a Non-Jurisdiction letter may not be approved even after this submission. However, the Department finds the proposed project to be generally approvable should your client choose to pursue a permit. In order to pursue a permit, the following information must be submitted: Please provide the pement adjacent area coverage for the existing and proposed structures and paved areas. As you are aware, pursuant to the development restrictions of 6NYCRR Part 661.6(a)(4) (Tidal Wetlands Regulations), not more than 20% of a lot may be covered by existing and new structures. Therefore, this information is requested to ensure that the new structure will not exceed the maximum allowable coverage. You must show the Coastal Erosion Hazard Line on the plan. Regardless of the option your client chooses, the scale is labeled incorrectly on the plan as 1" = 20'. The scale must be corrected. Additionally, the apparent high water line as shown on the survey is inaccurate. Department staff found the apparent high water line to be located 98' from the existing deck. Please correct the plans and resubmit 5 copies. I can be reached at (631) 444-0351 if you have any questions or wish to discuss this matter further. Sincerely, Naomi Brown Environmental Analyst cc: J. Betsch MHP file New York State Department of Environmental Conservation Division of Water Bureau of Program Resources & Flood Protection, 4th Floor 625 Broadway, Albany, New York 12233-3507 Phone: (518) 402-8151 · FAX: (518) 402-9029 Website: www.dec.state.ny.us Edn M. Crotty Commissioner December 17, 2003 Mr. Albert J. Krupski, Jr., President Board of Trustees To~vn of Southold PO Box 1179 53095 Main Rd. Southold, NY 11971 S0uth01d Town Board of Trustees Dear Mr. Krupski: Ms. Charlotte Cunningham, representing the Town of Southold, contacted this office requesting information regarding the designation of a natural protective feature in a Coastal Erosion Hazard Area (CEHA) within the Town. She indicated that you were interested in finding out what coastal feature exists as the basis for the Natural Protective Feature Area (NPFA) designation for the stretch of land along North Sea Drive located just west of the town beach parking area. The properties found along this stretch of coastline are bounded by the Long Island Sound and the CEHA line which runs along the edge of North Sea Drive. I have reviewed aerial photography and files for the Town of Southold in an attempt to identify distinguishing characteristics of the subject area and found it difficult to ascertain which natural protective feature exists. After looking at aerial photography from 1983 and 2001, it appears as if the area is either a beach or a primary dune. In the case that it was determined to be a primary dune, the CEHA line would have been established twenty-five feet from the landward toe of the dune. If the feature was considered a beach, the CEHA line would have been established 100 feet landward from the place where there is a marked change in material or physiographic form or from the line of permanent vegetation, whichever is more seaward. The designation of the natural protective feature can be determined at such time that an appeal is made by an affected property owner challenging that, "the subject area was erroneously identified as a natural protective feature area" as written in 6NYCRR Part 505.10 of the Coastal Erosion Management Regulations. If an appeal is filed, then the Department will arrange a site visit in order to determine the natural protective feature that exists and whether or not the line has been properly placed. Otherwise, I will provide you with an answer after the next occasion that Department staff is in the vicinity and can distinguish which natural protective feature is found in that location. Mr. John Betsch, the owner of the property adjacent to the beach parking area, has also contacted the Department for additional information about the CEHA designation. Mr. Betsch indicated that he was interested in reconstructing a larger house on this site and wanted to know more about the specific natural protective feature that exists on his property and how the associated regulations might affect his development plans for the property. I discussed some aspects of the CEHA regulations with him including how the CEHA line was mapped and that a reconstruction or an increase of 25% or greater in ground coverage is prohibited and would require a variance. I explained to him that any addition to the preexisting structure including a minor addition less than 25% would have to meet the standards of issuance for a CEHA permit which would likely locate the addition away from the seaward side of the house and into the least damaging location, in terms of protecting the natural protective feature. A reconstruction or major addition would require a variance and would have to meet all of the variance tests including for hardship. A variance could be issued for a reconstruction of a structure provided that the following criteria are met: 1) no reasonable, prudent, alternative site is available; 2) all responsible means and measures to mitigate adverse impacts on natural systems and the functions and protective values have been incorporated into the project design and will be implemented at the developers expense; 3) the development will be reasonably safe from flood and erosion damage; 4) the variance requested is the minimum necessary to overcome the practical difficulty or hardship which was the basis for requesting it; and 5) where public funds are utilized, the public benefits clearly outweigh the long-term adverse effects for any proposed activities and development. Upon requesting a variance, the applicant will need to provide to the Town information relevant to meeting the variance criteria. The Department looks forward to the opportunity to continue to work with and assist the Town of Southold in administering CEHA regulations for protecting the Town's coastal resources. If you have any additional questions about this or any other coastal matters, please contact me at (518) 402-8147. Sincerely, Environmental Program Specialist Coastal Erosion Management Unit CC; Roman Rakoczy, Coastal Erosion Management Unit Eric Star, DEC Reg 1 Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 23, 2004 Martin D. Finnegan, Esq. Twomey, Latham, Shea & Kelley, LLP 33 West Second St. P.O. Box 9398 Riverhead, NY 11901 RE: APPLICATION OF JOHN BETSCH NORTH SEA DR., SOUTHOLD SCTM#54-4-24 Dear Mr. Finnegan: With regard to the above-referenced application, please complete the enclosed Transactional Disclosure Form and return to our office as soon as possible. Thank you. Very truly yours, Albert J. Krupski, Jr., President Board of Trustees AJK:lms Enc. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer). One copy will be returned to you in response to your request, or as an interim response. SECTION I. (Department or Officer, if known, RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, date, file title, tax map number, and any other pertinent information.) that has the information you are requesting.) supply Signature of Applicant: Printed Name: ~lJk~ ~t~ ~. Mailing Address [if different from above): Telephone Number: 3 ~/"~ '~[Ot~ Date: [ ] APPROVED [ ] APPROVED WITH DELAY* [ ] DENIED* Elizabeth A. Neville Freedom of Information Officer Date * If delayed or denied see reverse side for explanation. SECTION II. (For use by Freedom of Information Officer only.) Your request has been DENIED or the reason(s) check below: [ ] [ ] £ ] [ ] [ ] [ ] [ ] Confidential Disclosure Part of Investigatory Files Unwarranted Invasion of Privacy Record of which this agency is legal custodian, but cannot be found Record is not'Maintained by this Agency Exempted by Statute other than the Freedom of Information Act Other (specify): Your request is ACl(NO~/LEDGED. There Will he a delay in supplying the requested record until Reason for delay: SECTION III. RIGHT TO APPEAL YOU HAVE A RIGHT TO APPEAl. A DENIAL OF THIS APPLICATION IN WRITING WITHIN 3:0!DAYS OF THE DENIAL.. CONTA(~T THE SOUTHOLD TOWN BOARD (see below). THE TOWN BOARD MUST RESPOND TO YOU IN WRITING WITHIN TEN BUSINESS DAYS OF RECEIPT OF 'YOUR APPEAL. Southold Town Board Southold Town Hall 5:3095 Main Road Southold, New York 11971 Telephone: (516) 765-1800 Albert J. Krupski, Jr.. President Board of Trustees Town of Southold P.O. Box 1179 53095 Main Road Southold, New York 11971 Re~ TWOMEY, LATHAM, SHEA & KELLEY, LLP ATTORNEYS AT LAW 33 WEST SECOND STREET POST OFFICE BOX 9398 RIVERHEAD, NEW YORK 11901 Application of John Betsch North Sea Drive, Southold TELEPHONE: (631) 727-2180 FACSIMILE: (631) 727 1767 www.suffolklaw.¢om March 16, 2004 Seuthold Town Board of Trustees Dear Mr. Krupski & Members of the Board: Enclosed please find a courtesy copy of a No Jurisdiction Letter recently received from the New York State Department of Environmental Conservation in connection with the above referenced application for a coastal erosion permit. Please note in paragraph 4 of the March 5, 2004 letter that the DEC has informed us that no permits are required under the Freshwater Wetlands or Tidal Wetlands Act. Thank you for your courtesy and cooperation. Very truly yours, Janice L. Snead JLS:dp Enc. cc: John Betsch New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone: (631) 444-0365 o FAX: (631)444-0360 Website: www.dec.state.ny, us Erin M. Crotty Commissioner NO JURISDICTION LETTER - FRESHWATER WETLANDS/TIDAL WETLANDS ACT March 5, 2004 John Betsch 3 Winchester Lane Huntington, New York 11743 Re: Application #1-4738-03275/00001 Betsch Property, North Sea Drive, SCTM #1000-54-4-24 Dear Mr. Betsch: Based on the information you submitted the Department of Environmental Conservation (DEC) has determined that: Your proposed project to remove an existing single family dwelling and construct a new single family dwelling at North Sea Drive, Southold, SCTM # 1000-54-4-24 is more than 100 feet from regulated freshwater wetlands; The property landward of the 10' elevation contour on a gradual natural slope, as shown on the survey prepared by John C. Ehlers Land Surveyor, last revised February 17, 2004 is beyond Article 25 (Tidal Wetlands Act) jurisdiction. Therefore, in accordance with current Freshwater Wetlands Regulations (6NYCRR Part 663) and Tidal Wetlands Regulations (6NYCRR Part 661), no permits are required under the Freshwater Wetlands or Tidal Wetlands Acts (Articles 24 and 25, respectively). Be advised that all construction, sedimentation, clearing, and/or ground disturbance must remain more than 100 feet from the freshwater wetland boundary and landward of the tidal wetland boundary. It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Freshwater Wetlands or Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hale bay berm. In addition, any changes, modifications or additional work to the project as described, may require authorization by the DEC. Please contact this office if such activities are contemplated. Please note that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies or local municipalities. Sincerely, Mark C. Carrara Deputy Permit Administrator cc: A. Drozdowska BOH MHP file Albert J. Krupski, President James King, Vice-President Artie Fester Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TItUSTEES TOWN OF SOUTHOLD December 10th, 2003 Mr. Robert McDonough Bureau of T.R. & S.P. 625 Broadway Fourth Floor Albany, New York 12233-3507 ReL 2325 North Sea Ddve Southold, NY Dear Mr. McDonough: Please forward as soon as possible any information regarding the noted property with respect to Coastal Erosion. Can you define for us what area as described in the code would this be under dune area, secondary dune area. beach area, bluff area. Any information with regards to this matter will be greatly appreciated. If you require any further information, please do not hesitate to contact this office. Thank you in advance for your help with thiS matter. Sincerely, Albert J. Krupski, Jr. President of Board of Trustees Cc: John Betsch AJK:cjc Enclosure: Survey Telephone (63D 765-1g92 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 Monday, November 17, 2003, the following recommendation was made: Moved by Don Wilder, seconded by Tom Schlichter, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH STIPULATIONS of the Wetland Permit & Coastal Erosion Permit applications of JOHN BETSCH to construct a new single-family dwelling and garage, in place of the existing, and to be built on pilings. Located: 2325 North Sea Dr., Southold. SCTM#54-4-24 The CAC recommends Approval with the following Stipulations: There is no additional encroachment toward the L.I. Sound. Rip-rap is installed along the location of the hay bale line. Sea-grass is planted in all of the disturbed areas. Vote of Council: Ayes: All Motion Carried Inspection 11/11/03 ~ PROOF OF MAILING OF NOTICE ~ ~Y~TTACH CERTIFIEid~i~esl RE CEIPTS Name: . STATE OF NEW YORK COUNTY OF SUFFOLK ~-ok-~ qZ. X-'x~'~--oc ~-x , residing at '~ xAl{~e~--~cc L~-~- [4o~.cr ~c, c0,.~ t~'-~ [ \-[4 b ', being duly sworn, deposes and says that on the -- ?_q'~'~ day of X:~.e~ ~ 6 g ~ 20 t~a~, deponent mailed a tree copy of the Notice ~et forth, i~the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of S outhold; that said Notices were mailed at the United States Post Office at ~c~.,-~ ~-c ~oc~'ro *~, ~ that said Notices were mailed to each of said porsom by (c_e~fi .ed) (r-egi~er-ed) mail. Sworn to before me this Day of ~lqMu,fd ~/ ..~ 20 Not~ P~blic Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFDAVIT OF POSTiNG being duly sworn, depose and say: That on the ?.fO day of'~ml~-;, 200~ I personally posted the property known as by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public heating. Date of heating noted thereon to be held Dated: Sworn to before me this i~J~ dayo~f 200~' Notary l~tu"-fi'lic- / DAISY INDELIGATO Notary Public, State of New York No. 011N6084052 Qualified in Nassau County Commission Expires December ~), ~ /~ture) .Albert J. Krupski, President ~James King, Vice-President ,~a-~ie Foster a, n/'oliwoa. ~. Dickerson / BOARD OF .TOWN TRUSTEES ToWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 Office Use Only Waivcr/AmcndmBnt~ _h~g~ ' Received Applicalion~ --Received Fee:$ Completed Application Incomplete SEQRA Classification: Type I Type II Unlisted __Coordination:(datc scnt)4.~_~ CAC Referral Sent: ~Date of Inspection: Receipt of CAC Report: __Lead Agency Determination: Technical Review: Public Hearing Held: I Resolution: $outhold lown Board ot Trustees Name of Applicant Address ,?) Phone Number:( Suffolk County Tax Map Number: Property Location: (provide LILCO Pole #, distance to cross streets, and location) AGENT: ~G~%E./~/~ (If applicable) Address: I Board of Trustees Application GENERAL DATA Land Area (in square feet): Area Zoning: ~ - ~4 ~) Previous use ofpropeay: ~)C;L~ Intended use ofprope~y: ~{ Prior permits/approvals for site improvements: Agency Date x 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 (use attachments if necessary): / Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: %1 ~3~ ~l~-~M ~ ~_~1, ,_~ %-r-x( ~ ~ Area of wetlands on lot: ~/32,~'-~. square feet Percent coverage of lot: ] ~ % Closest distance between nearest existing structure and upland edge of wetlands: I ()~ feet Closest distance between nearest proposed structure and upland edge of wetlands: feet Does the project involve excavation or filling? No × Yes If yes, how much material will be excavated? How much material will be filled? cubic yards cubic yards Depth of which material will be removed or de_~posit~: o'7.)-0'~' feet Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: '~A-d~4 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): Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: ~lDC-'-I~ Are wetlands present within I00 feet of the proposed activity? No X' Yes Does the project involve excavation or filling? No X Yes If Yes, how much material will be excavated? (cubic yards) How much material will be filled? ~,7~/~+~~ (cubic yards) Manner in which material will be removed or deposited:TH / Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) Albert J. Krupski, President James King, Vice-President Artie Fester Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application OF SUFFOLK) STATE OF NEW YORK) NOV - 7 2003 Southold Town I~oard of Trustee~ AFFIDAVIT OF PosT~xTG being duly sworn, depose and say: That on.~e 9-~ day of M0v~, 200~, I personally posted the property known as by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in plac~ for eight days prior to the date of the public 2%ng'. Date of hearing noted thereon to be held ~th/. /~/'~ Dated: ~ ~\,4\o~ (signature) ~Swom to before me this day of~O l~-200 ~ Notary Public Nmary Public, Slale ol New Yo~k NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: 30~ g. ~vSeft. SCTM#1000-,~q- O4-~ YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: ~C,~%v~bLJ~%r I-¥ ~D~L0 4l-Sv~{ ~O.~v~ 2. That the property which is the subject of Environmental Review~is located adjacent to your property and is described as follows: 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment on: ~OU, Iq,~©~.You may contact the Trustees Office at 765-1892 or in ~ri%ing. The above referenced proposal is under revieW of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: N{R~ MAILING ADDRESS: PHONE ~: 6~t-,'%q~-%%~q Enc.: Copy of sketch or plan showing proposal for your convenience. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name; STATE OF NEW YORK COUNTY OF SUFFOLK _L~¢~',~z ~¢--'. 'k~ ."/, , being duly sworn, deposes and says that on the 4~ da~t of~)~xi~qk:~' -, 20°3, deponent mailed a tree copy of the Notice ' ~t forth, in'the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons, as shown on the current assessment roll of the Town of Southold, that smd Notices were mmled at the Umted States Post 0ffice at k~ox,~, 4~-~c~- ._, that said Notices were mailed to each of said pets°ns bY (ce~.~) (registered) mail. Sworn to before me this Day of.~. ¢ X/~ ,20_~ 2~. Notary Public uELANiE V. Nolm, y PulPit, 8~t~ ol Nm~ Ym'*k Here Board of Trustees Application County of Suffolk State of New York ~&~,~.~---------------~A ~Z~.b&k2d~ BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO 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 THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HAKMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), ll* GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES 1N CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS Signature OAY OF a ,20 O~ Notary tkthhlic Board of Trustees Application Ab'r~ORIZATION (where the applicant is not the owner) (print owner of property) residing at '8 C01 ~Sl ~ b~4~ - (mailing address) do hereby authorizeg~k~k3 (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owne~ s signature) SE( Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT iNFORMATION (To be completed by Applicant or Proiect sponsor) 1. APPLICANT/SPONSOR t¢:~4.~. ~¢.~'Y~/~I~.(~ ~. ~ 2. PROJECT NAME 3. PROJECT LOCATION: WILL PROPOSED ACTION COMPLY VVlTH SXISTING ZONING OR OTHER F-XISTING LAND USE RESTRICTIONS? [] No If No, ~escribe briefly 9. WHAT IS PRESENT LA¢~ USE IN VICINI~*¢ OF PROJECT? ~DYes [] No If yes, list agency(s) and permitlaggrovals DOES ACTION INVOLVE A PERMIT APPROVAl.. OR PDNDINO, NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, PP_.P---M tT , -:~ . DOES ANY ASPECT OF THE ACTIOI4 HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes' /~ No Jf yes, Fist agency name and permil/aDl~roval If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this as__.s, essmen~ OVER ! PART Itl--OETE,=,MINATIGN OF. SiGNIFICANCE (To be completed by Agency) A~P~I~AN~ The Town o~ S0u~hold's Code of Ethics prohibits c0n~ltcts et interest on the part of town c£ficers and employees. The purpose of this form is to provide information which can alert the town of possible uonflicta of interest and allow it to take whatever action is necessary to avoid same. YOUR aAfll: t NATUR2 OF APP~I~ATION~ (Chock all ~hat apply. ) Variance ARp~al ~xelpbion from plab o~ ofiluial map parenk, or child) hnv~ a ~elattonsltip wi~h shy of~iuer or which ihs teen officer ur emplolee ham even a partial ovnerohip of (or employment by) a corpoza~lun in which IE you answered 'YES,". compleEe Ehe balance o~ ~hi~ ~orm and data and sign vhere indicated. ~ame o~ per,on employed by thu To~n o~ Souehold Title or position o~ ~ha~ parson Vencribo tho rula~lonship between yourself (~he applicant) appropria~e line A) ~hrough ~) and/or describe in the space The kown oiliest or employee or hie or her spouse; sibling, parent, or child is (check all ~hab appiy)~ ~,A) ~he owner o[ 9rea~er khan 5% o~ ~he shares o~ the corporaee stock o~ ~he applic~n~ (~hen ~he appliuan~ la a corpora~ion)~ nuncorporate'en~i~y (~hen ~he appliuan~ ia nub a corpora applican~ ~ or tpplication of ~ohn Betsch APPLiCANT/AGENTfREPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM e wn f uthol ' f hi lb' nfl'ets finter n ¢ f wn r an em lo . e f is o i to ruvidcinformatio winch crttheto of ~beco ~0cessarvto avoidsa~dOMEY LATHAM SHEA & KELLEY, LLP YOURNAME: BY: FINNEGAN. MARTIM (Last name, first name,~niddle initial, unless you are applying in the t,,~,¢ of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Coastal Erosion Change of Zone Approval of plat Mooring Exemption from plat or official map - Planning Other (lf"otber', name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee .. ~ ~,.--,~A,.~9 "Relationshi-' 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% oftbe shams. YES X NO 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_ P~ r 'c~ c ~ a a Title 0r position of that person Town Describe tl~ relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe 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 of 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, partner, or employee of the applicant; or --D) the actual applicant. DESCRIPTION OF RELATIONSHIP Husband/Wife Form TS 1 S~ day of Anrl 1 Signature / - ~' ' PrrmtNam~r~n D. Finne~an 2oo~_ Application of John Betsch APPLiCANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM ThaT f old' eo t i h' itscon ictso intereston e f w fti rsan e Io . e hi form' to mvideinforinatio which err etownof ib cooffi of' rarest d I wit otakewha ve ac' n' P-¢Cessarvt°av°idsar~7OI*IEY LATHAM SHEA & KELLEY, LLP YOUR NAME.BY: PALUMBO, TRACY K, (Last name, first name, gniddle initial, u~less you are applying in the name' of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Coastal Emsioo X Change of Zooe Approval of plat Mooring Exemption from plat or official map _ Planning Other (If"Othef', name the activiiy.) _ Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold9 "Relationship" includes by blood, marriage, or business interest. "Business interest'? means a business, including a partnership, i~ which the town officer or employee has even a pa~ial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X lfyou 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 the relationship between yourself (the applicantdagant/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or Child is (cheek all that apply): __?) the owner of greater than 5% of the shares of the corporate stock of the applic0nt (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, dlreetor, partner, or employee of the applicant; or .D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this Signature PrintName Tra/cy K~ P~um~o THOMAS A TWOMEY, JR TWOMEY, LATHAM, SHEA & KELLEY, nee ATTORNEYS AT LAW 33 WEST SECOND STREET POST OFFICE BOX 9398 RIVERHEAD, NEW YORK 11901 TELEPHONE: (631) 727-2180 FACSIMILE: (631) 727 1767 www.$uffolklaw.com Email address: tkarsch@suffolklaw.cota Direct fax: {631} 727-2385 Ext. 216 Board of Trustees Town of Southold P.O. Box 1179 53095 Main Road Sc,uthold, New York 11971 Attn: Lauren May 3, 2004 SoutholdTown Board of Trustees EAST HAMPTON OFFICE 20 MA~N STREET EAST HAMPTON, N Y 11937 RE: Application of John Betsch, North Sea Drive, Southold De, ar Members of the Board: As per your request please find enclosed the Transactional Disclosure Form for our firm's representation of John Betsch. TKP:yq Very.~7,~/Pal~utru yours, . Tro~y Karsch Palu o /