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HomeMy WebLinkAboutBenali, LLC WStak N ✓ A Q �� Diagram 01 p � ' Ab lot � �- 00 (.)too 3 e � rte, �e '� 1 D# r 1rzo 045 K 010 X00 c7 , e SEA LEVEL 1 MAPPING PO BOX#538 RIVERHEAD,W 691-722-M G,\SLhnrramYl.bpro 12YRVEY OF LOT 13 MA01= GSD 4 1' EACH PARKN FILED G• 20, 1(42-7 � a0 A5 M� # 0 w�< SITUATE: BAA\/IE l ,�'y + w OL � K �► z3, .6 �,Sr/ c�OUNT1', NY *Z�%-.7YI(;�12-15-2ooq �-03-01-2010 ` SUFFOLK COUNTY TAX Lor # I000 - qo _ 1 _ / 1- BENALILLC �, �ti Stp, ` o cA / C879 to of sTRoA /Y 0� 0 O T 31' #4 Bars I2" � \ S Test Hole McDonad�� Geoscence^V r U) FII/12/200q O /J / A + JU ,� R�\ .6r �l ?/ �Sopo�� O \ O /�O t EL=6.3' O `((11� Dark Brown �`-I'-8" , j \�<L / / A\LJ� J� 9� •OO OL Loom \ / \ a� Gray Brawn u4 Bars 8 + GL" O.G. E.W. ''- E Y � + 3' —5— 4�o (�tiT/yc' \ � � 2 Giae \ / Sandy \ 0 4 Dowels \ \ / \ /y � ground 5.2' CU jy ,+ water Water 51- In Brown 4 \ \ A Clayey Sand \ \ OT/ \ \ D �O . b, PROPOSED STAINING WALL 3 6 \ + _ +R A Woter in 0 \ �� Brown •87/ p Qi \/ '� \� 5W Fine to / ` \ (//��• Coarse TW EL=8 �p \ S \ W Q� 12 Sand 5% SLOPE MAX, GRACE EL=10' FF=12'+ INV=7.4' INV=7.6' INV=8.1• INV=8.4' J < 1500 \ \ v EL ('v V O� ------� GALLON Q NE-W v I. HIGHEST PECTED GROUNDWATER 2' MIN, EXI� c/ /�` _ -_• -�,�� ELEVATION 1.1 � '�ll OPOSEp `-OPTIC GROSS SECTION (J 9 i,\ \\\ O _Oq �Q e SANITARY NOTES- \ \ 0 1• SEPTIC TANK'SHALL BE MONOLITHIC AND F SO' DIA. X ABRICAT 2. 4 CESSPOOLS SOLID RING WITH 36" LIQUID ED FROM 6� \ +\ 3. RETAINING WALL SHALLBE ONSANITARY _ ETES: PIPE F ;;'m' - - - b OUND i' !�l ( � ri/ - _ �@ u,aut 3 t earn a oemNrn eo o wrvs 7185 S.F. OR 0.16a L 7 �3 7'( `� �� 1/i2 °Pi w°a e.`to i�o�a cwVa ew °ar'me 4�1 AcreS l! i 9 New Yak State Ea:.-L— j s cop,ea iron the a,yu,o1 0!enU sfvey 'OPERTY LI F f with an 0,19 l o tn•lo-wrve 'sES ENT'RELr WI7-HIN FEMA FLOOD fJJ Lj etarpa,eel shah t e co ywerea to W va'o8) ASSHOMONMAP # 36103C0167 H ZONE F. t_ ; h9AR - 4 2 p Jim, �F \ e9 vey was preper.a h o«aaorKe wnn ene e.- ATIONS „tom coae o aactke fa La a sir.y aaop ea �. ERENc/E NAv \ �f/1 y Q by tM New Yak State Asexkrtbn of Profeesbrol Ig88 DATUM Loth S.fveyors. 5aN cerMkcllory ebl,nn an,y ^,,^ '-.•- —_- \ to the person fto r�Horn tM survey h prepaea. Z Cly eC� one on nn txtnl!to the arta company.govermrn- SH0kqN � L� EQUAL L.ANp �f1fit �1 !01ti',ry T \ tat agency ma tenet)wt,nrtlrn nstea Hereon.ane NDS AS DELINEAT�p 8Y ►N�`Rp EDGE OF TID ,. Q� o o ass g eee a!the—t ootid Ge atom SULTING FOLK ENVIRONMENTAL L ni rrl \ (� ae trvyie�e aaanlo al kyt,t ins Inc. ON NO�/EN®EiZ 6, 200q _ VY 'pHIG SCALE I �O' \ <CC. \ 6 EAST MAIN STREET N.Y.S.LIC. NO. 50202 1 AREA of PROPERN TO EDGE OF WETLANDS 6,580 S.F. \ HOUSE AREA 860 5.F. PERCENT OF LOT COVERAGE 13.1% \ RIVERHEAD,N.Y. 11901 369-8288 Fax 369-8287 REF.-C:\Documents and Settings\Owner\My uments\My Dropbox\08\08\08-174.pro i, SURVEY OF LOT 134 N MAP OF CEDAR BEACH PARK ,�4 FILED DEC. 20, I c12-7 AS MAP # c1O N + w E 83 + F<..> F </c SITUATE: BAYVIElH 6 � w TOWN: slam4 LD �� 1: � �� ��� + /s�/tiG ���� S SUFFOLK COUNTY, NY 3 8., 1 23 I suRVEYED: 02-28-2004 /, 2 6 " tiF REVISED: 01-21-200q, 1-21-200q, 12re-115-2004 03-01-2010, 10-22-2010, 01-04-2011 66 SUFFOLK COUNTY TAX RECEIVED LOT # 1000 - q0 - I - 2 _ °CRTFlD ® cAo � JAN 5 20� 1 1 co 4 BENALI LLC �to 1, 011 el. 8.6' %,SsOF APP EA BOARD + , t-I/)-O _ \ /� �V�' Test Hole 3" #4 Bars 12"O.G. (SR GLE pp sr + '2 r \ GeosciencMcDonal e AND DING G h T L / ,, �Q /J F<,.� un2r200q n .,_ v A i S �FRgL WET I S" E qND C� //��/ * �sfp Q \Q%/ O (/� + EL=6.3' Dcrk Brown Iy'Y S SEND ^U •� / 6 / \ Oj1/A\/3 \� O + OL I Loom O" OiC C. ATO� S ,?' `:�. � -,//v , \,Q X:) p� Brown m£ �R �/ G\� Apr O,o + 3' uay #4 Bars 8"O.G. E.W. + NON # �� ar + V .\... a \ aid s.2' O 4 Dowels ® 12"O.G. FR NC j \ + ry \ q,\C 6 _ water Water �' SOfi\ _�" y �'rJhAJ`1' In Brown V . . . . /. . \ \ / Gloyey Sand + _ . f . . . . . . +DK / PROPOSED RETAINING WALL water In / Q \. \ . . . . . . . \ / Brown Fine to 9j.�. . . . / < F 12 Sand Cocrse TW EL 8.6' 5% SLOPE MAX. GRADE EL=10 INV=7.4' INV 7.6 INV=8.1' INV=8.4' J �\ �.\. . O� GAL 900LON \ $ C�s N Q � \ y Q O F K�lig 4 i 2' MIN. �/ 7--'v \` � / ��� cj 'G\C, -. HIGHEST EXPECTED GROUNDWATER ELEVATION 1.1 O \ " \'. . PROPOSED SEPTIC GR055 SECTION Q �\ O �0� `U �v �Y \ �" �, my SANITARY NOTES: J } \ t 1. SEPTIC TANK SHALL BE MONOLITHIC AND FABRICATED FROM \ 10' DIA. X 4' SOLID RING WITH 36" LIQUID DEPTH � 0 Q A, 2. 4 CESSPOOLS 8' DIA. 3- DEEP. MIN. 1' MAX 2' COVER 3. RETAINING WALL SHALL BE WATERPROOFED ON SANITARY SIDE �1 �Q v 0 S�cO Svc NOTES. O PIPE FOUND �/, ..... . ..• I v •troy op .rron.w ar i or tw...wy Area = 1,185 S.F. OR 0.1644 Acres \ 6,/ PROPERTY FEMA FLOOD ZONES AS SHOWN ON MAP # 3610360167 H e+- / berg eoe.d rraatee rar tad 5r..yt adoptee \ �Y Ml IN York Stats AeOcb of Welwlwal ELEVATIONS REFERENCE NAVD Ig88 DATUM \ /15 oe ""`may"""""" piy / preop w"aJ bgoprw.rPowrr.4 \ 1 t/ o9°^y 4^ 'S Y.tWtbn 1 Freon artl FLA65 5HOWN THUS/® EQUAL LANDWARD EDGE OF TIDAL WETLANDS AS DELINEATED BY JMO GON5ULTIN6 ON 12-30-10 JOHN C. E RSL D SURVEYOR GRAPHIG 5GALE 1"= 20' AREA OF PROPERTY TO EDGE OF WETLAND5 6,580 S.F. \ \ 6 EAST MAIN STREET N.Y.S.LIC.NO.50202 HOUSE AREA 860 S.F. PERCENT OF LOT COVERAGE 13.1% \ RIVERHEAD,N.Y. 11901 369-8288 Fax 369-8287 \ 1 REF.-CMocuments and Settings\Owner\My uments\My Dropbox\08\08\08-174.pro ELIZ4BETHA. NEVILLE TOWNHALL, 53095 MAINROAD TOWN CLERK P.O. BOX 1179 REGISTRAR OF VITAL STATISTICS SOUTHOLD NY 11971 MARRL4GE OFFICER FAX. 631-765-.6145 RECORDS MANAGEMENT OFFICER TELEPHONE. 631-765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.nort , MAR 1 5 2010i J r OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDSS - �.....,,. 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. f TO: (Department or Officer, if known, that has the information you are requesting). RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, a (d'any other pertinent i 11�mation). '62 1 7-/ Signature of Applicant: Printed Name: //7 Address: Mailing Address (if different from above): Telephone Number: �� !7.?y' a Date: [ ) APPROVED [ ) DENIED* [ ) APPROVED WITH DELAY* y Q4„�, RcEtvz Elizabeth A. Neville Date P 10 Freedom of Information Officer Accepting Clerk's Initials Southold Town Clerk *If delayed or denied, see reverse side for explanation. DEC Permit Applications 0 0 Page 2 of 4 DEC Permit Application Detail Application ID: 1-4738-02841/00003 Facility: Benali, LLC Property Location: 1275 Cedar Point Dr WISCTM#1000-090-01-02, Southold, NY 11971 Town or City: Southold Applicant: Benali LLC Permit Type: Tidal Wetlands Application Type: New Date Received: 04/09/2010 Status: Completeness Determination Due as of 04/26/2010 Complete Status: UPA Class: Short Description: Construct two story SFD 25' from TWB, install SS 30' from TWB. ENB Publication Date: Written Comments Due: SEAR Class: SEQR Determination: Lead Agency: Environmental Justice: SHPA Status: Coastal Zone Status: Final Disposition: Permit Effective Date: Permit Expiration Date: Stimulus Project: No Other Known IDs: 1000-090-01-02 - Tax Map Number(each county) DEC Contact: Sherri L Aicher SUNY @ Stony BROOK150 Circle Rd, Stony Brook, NY 11790 Tel:(631)444-0365 Please email the Regional Office for additional information or questions regarding this application. http://www.dec.ny.gov/cfmx/extapps/envapps/index.cfm?view=detail&applid=713668 10/13/2010 DEC;Permit Applications Page 2 of 5 DEC Permit Application Detail Application ID: 1-4738-02841/00001 Facility: Kram Property Location: 1275 Cedar Point Dr WESTISCTM#1000-090-01-02, Southold, NY 11971 Town or City: Southold Applicant: Campanelli, Frank Permit Type: Tidal Wetlands Application Type: New Date Received: 02/28/2001 Status: Insufficient Information as of 04/21/2005 Complete Status: Complete as of 01/04/2002 UPA Class: Major Short Description: const sfd,garage,deck,drive,ss,4'x27'ramp,6'x20'float The applicant has requested a variance from setback development restrictions to construct a single family dwelling and deck three feet from Project Description: the tidal wetland boundary, garage,driveway, septic system 25 feet from the tidal wetland boundary, a 4 x 27 ramp and a 6 x 20 float. The property is located at 1275 Cedar Point Drive West, SCTM#1000-090-01- 02, Southold, Suffolk County on West Lake. ENB Publication Date: 01/16/2002 Written Comments 02/01/2002 Due: SEAR Class: Type II Action SEQR Determination: Not Applicable Lead Agency: None Designated Environmental Justice: The application is not subject to the Department's Environmental Justice policy (CP-29). Either the permits needed for the project are not subject to the policy or it has been determined that the project would not affect a Potential Environmental Justice Area. SHPA Status: The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations. Coastal Zone Status: This project is located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act. Final Disposition: Insufficient Information as of 04/21/2005 Permit Effective Date: Permit Expiration Date: Stimulus Project: No Other Known IDs: None http://www.dec.ny.gov/cfmx/extapps/envapps/index.cfm?view=detail&applid=550079 3/4/2010 DEC,Permit Applications Page 3 of 5 0 0 DEC Contact: Laura J Scovazzo SUNY @ Stony BROOK150 Circle Rd, Stony Brook, NY 11790 Tel:(631)444-0365 Please email the Regional Office for additional information or questions regarding this application. http://www.dec.ny.gov/cfmx/extapps/envapps/index.cfm?view=detail&applid=550079 3/4/2010 i, April 16,2010 Ms.Jill Doherty,President A.P F'i 1 �' Town of Southold Board of Trustees Town Hall, Southold,N.Y.,11971 1 have received notice of the Application by: Benali,LLC (California)-SCTM 1000-90-1-2 1275 Cedar Point Drive West,Southold,N.Y. To be heard Wednesday April 21,2010 I am writing this letter of objection to this proposed development of a Single Family Structure on this site Based on the following grounds; - Petitioner purchased property for under$90,000 for the disclosed purpose of erecting a dock,like his adjacent neighbor,Dr.Saporito.--who was allowed to build dock under the provision that he not apply for a Trustees Permit to build a House on adjacent site. - There cannot be an argument made for relief of hardship. - The Lot is the most un-conforming Lot in the Great Hog Neck area at roughly 8,000 Sq. ft (.18 Acre) - House proposed would be the most non conforming structure in West Lake area with stilt/under- structure parking. - The proposed Septic system is actually in the FEMA Flood plain AE6 within 25 Feet of mean high water mark - West Lake has been determined to be an environmentally sensitive wetland area. - Septic system actually calls for an above grade 125 feet long retention wall on the property line. - Location of house specifies an unbelievably short 10 Feet of front yard set-back ii this would indeed be the most non conforming setback in the area I understand there was an unspecified building permit granted 50 years or so ago on this site. This could not nor should not carry any weight in the decision process as the Trustees are charged with maintaining the spirit&letter of their responsibilities to vote no for this encroaching development into this environmentally sensitive area by an an out of State Corporate Petitioner. A yes vote on this proposed development would indeed set the type of precedent which any developer could site to develop a house virtually on any non-conforming Wetlands Lot. This situation lends itself perfectly for an opportunity for The Peconic Land Trust who was formed with these situations in mind. I thank you in advance for your thoughtful consideration in this matter. 17 Douglas Feis 1165C ar Point Drive West Southold,New York f April 16,2010 Ms.Lauren Standish Town of Southold Board of Trustees Town Hall, Southold,N.Y.,11971 Dear Lauren, Please find the 5 Objection letters for the proposed development on West Lake in the Wetlands By Benali,LLC SCTM-1000-90-1-2 It is our understanding that this matter will be heard by The Board of Trustees on Wednesday April 21,2010. I will be present at this hearing to read this objection into the record. Please circulate the letter to each respective Trusee as they may have a copy for reference. I thank you in advance for your help in this matter. Sincerely ;? Douglas D eis 1165 Cedar Point Drive West Southold,New York April 16,2010 Mr.John Bredemeyer Town of Southold Board of Trustees Town Hall, Southold,N.Y.,11971 I have received notice of the Application by: Benali,LLC (California)-SCTM 1000-90-1-2 1275 Cedar Point Drive West,Southold,N.Y. To be heard Wednesday April 21,2010 1 am writing this letter of objection to this proposed development of a Single Family Structure on this site Based on the following grounds; - Petitioner purchased property for under$90,000 for the disclosed purpose of erecting a dock,like his adjacent neighbor,Dr.Saporito.--who was allowed to build dock under the provision that he not apply for a Trustees Permit to build a House on adjacent site. - There cannot be an argument made for relief of hardship. - The Lot is the most non-conforming Lot in the Great Hog Neck area at roughly 8,000 Sq..ft (.18 Acre) - House proposed would be the most non conforming structure in West Lake area with stilt/under- structure parking. - The proposed Septic system is actually in the FEMA Flood plain AE6 within 25 Feet of mean high water mark. - West Lake has been determined to be an environmentally sensitive wetland area. - Septic system actually calls for an above grade 125 feet long retention wall on the property line. - Location of house specifies an unbelievably short 10 Feet of front yard set-back!1 this would indeed be the most non conforming setback in the area. I understand there was an unspecified building permit granted 50 years or so ago on this site. This could not nor should not carry any weight in the decision process as the Trustees are charged with maintaining the spirit&letter of their responsibilities to vote no for this encroaching development into this environmentally sensitive area by an an out of State Corporate Petitioner. A yes vote on this proposed development would indeed set the type of precedent which any developer could site to develop a house virtually on any non-conforming Wetlands Lot This situation lends itself perfectly for an opportunity for The Peconic Land Trust who was formed with these situations in mind. I than you in advarXe for your thoughtful consideration in this matter. Douglas DeFeis 1165 Cedar Point Drive West Southold,New York April 16,2010 Mr.Bob Ghosio Jr. Town of Southold Board of Trustees Town Hall, Southold,N.Y.,11971 1 have received notice of the Application by: Benali,LLC (California)-SCTM 1000-90-1-2 1275 Cedar Point Drive West,Southold,N.Y. To be heard Wednesday April 21,2010 I am writing this letter of objection to this proposed development of a Single Family Structure on this site Based on the following grounds; - Petitioner purchased property for under$90,000 for the disclosed purpose of erecting a dock,like his adjacent neighbor,Dr.Saporito.--who was allowed to build dock under the provision that he not apply for a Trustees Permit to build a House on adjacent site. - There cannot be an argument made for relief of hardship. - The Lot is the most non-conforming Lot in the Great Hog Neck area at roughly 8,000 Sq..ft (.18 Acre) - House proposed would be the most non conforming structure in West Lake area with stilt/under- structure parking. - The proposed Septic system is actually in the FEMA Flood plain AE6 within 25 Feet of mean high water mark. - West Lake has been determined to be an environmentally sensitive wetland area. - Septic system actually calls for an above grade 125 feet long retention wall on the property line. - Location of house specifies an unbelievably short 10 Feet of front yard set-back!! this would indeed be the most non conforming setback in the area. I understand there was an unspecified building permit granted 50 years or so ago on this site. This could not nor should not carry any weight in the decision process as the Trustees are charged with maintaining the spirit&letter of their responsibilities to vote no for this encroaching development into this environmentally sensitive area by an an out of State Corporate Petitioner. A yes vote on this proposed development would indeed set the type of precedent which any developer could site to develop a house virtually on any non-conforming Wetlands Lot. This situation lends itself perfectly for an opportunity for The Peconic Land Trust who was formed with these situations in mind. I thank you in advance fo your thoughtful consideration in this matter. r Douglas 'Feis 1165 Cedar Point Drive West Southold,New York April 16,2010 Mr.Dave Bergen Town of Southold Board of Trustees Town Hail, Southold,N.Y.,11971 I have received notice of the Application by: Benali,LLC (California)-SCTM 1000.90-1-2 1275 Cedar Point Drive West,Southold,N.Y. To be heard Wednesday April 21,2010 I am writing this letter of objection to this proposed development of a Single Family Structure on this site Based on the following grounds; - Petitioner purchased property for under$90,000 for the disclosed purpose of erecting a dock,like his adjacent neighbor,Dr.Saporito.--who was allowed to build dock under the provision that he not apply for a Trustees Permit to build a House on adjacent site. - There cannot be an argument made for relief of hardship. - The Lot is the most non-conforming Lot in the Great Hog Neck area at roughly 8,000 Sq..ft (.18 Acre) - House proposed would be the most non conforming structure in West Lake area with stilt/under- structure parking. - The proposed Septic system is actually In the FEMA Flood plain AE6 within 25 Feet of mean high water mark - West Lake has been determined to be an environmentally sensitive wetland area. Septic system actually calls for an above grade 125 feet long retention wall on the property line. Location of house specifies an unbelievably short 10 Feet of front yard set-back!! this would indeed be the most non conforming setback in the area. I understand there was an unspecified building permit granted 50 years or so ago on this site. This could not nor should not carry any weight in the decision process as the Trustees are charged with maintaining the spirit&letter of their responsibilities to vote no for this encroaching development into this environmentally sensitive area by an an out of State Corporate Petitioner. A yes vote on this proposed development would indeed set the type of precedent which any developer could site to develop a house virtually on any non-conforming Wetlands Lot. This situation lends itself perfectly for an opportunity for The Peconic Land Trust who was formed with these situations in mind. I thank you' advance f r your thoughtful consideration in this matter. DouglasFeis 1165 Cedar Point Drive West Southold,New York April 16,2010 Mr.James King,Vice President Town of Southold Board of Trustees Town Hall, Southold,N.Y.,11971 1 have received notice of the Application by: Benali,LLC (California)-SCTM 1000-90-1-2 1275 Cedar Point Drive West,Southold,N.Y. To be heard Wednesday April 21,2010 I am writing this letter of objection to this proposed development of a Single Family Structure on this site Based on the following grounds; Petitioner purchased property for under$90,000 for the disclosed purpose of erecting a dock,like his adjacent neighbor,Dr.Saporito.--who was allowed to build dock under the provision that he not apply for a Trustees Permit to build a House on adjacent site. - There cannot be an argument made for relief of hardship. - The Lot is the most non-conforming Lot in the Great Hog Neck area at roughly 8,000 Sq..ft (.18 Acre) - House proposed would be the most non conforming structure in West Lake area with stilt/under- structure parking. - The proposed Septic system is actually in the FEMA Flood plain AE6 within 25 Feet of mean high water mark - West Lake has been determined to be an environmentally sensitive wetland area. - Septic system actually calls for an above grade 125 feet long retention wall on the property line. - Location of house specifies an unbelievably short 10 Feet of front yard set-back ii this would indeed be the most non conforming setback in the area. I understand there was an unspecified building permit granted 50 years or so ago on this site. This could not nor should not carry any weight in the decision process as the Trustees are charged with maintaining the spirit&letter of their responsibilities to vote no for this encroaching development into this environmentally sensitive area by an an out of State Corporate Petitioner. A yes vote on this proposed development would indeed set the type of precedent which any developer could site to develop a house virtually on any non-conforming Wetlands Lot. This situation lends itself perfectly for an opportunity for The Peconic Land Trust who was formed with these situations in mind. 1 thank y in advance for your thoughtful consideration in this matter. Dougla;�Feis 1165 Cedar Point Drive West Southold,New York April 16,2010 Ms.Jill Doherty,President Town of Southold Board of Trustees Town Hall, Southold,N.Y.,11971 I have received notice of the Application by: Benali,LLC (California)-SCTM 1000-90-1-2 1275 Cedar Point Drive West,Southold,N.Y. To be heard Wednesday April 21,2010 I am writing this letter of objection to this proposed development of a Single Family Structure on this site Based on the following grounds; - Petitioner purchased property for under$90,000 for the disclosed purpose of erecting a dock,like his adjacent neighbor,Dr.Saporito.--who was allowed to build dock under the provision that he not apply for a Trustees Permit to build a House on adjacent site. - There cannot be an argument made for relief of hardship. - The Lot is the most un-conforming Lot in the Great Hog Neck area at roughly 8,000 Sq..ft (.18 Acre) - House proposed would be the most non conforming structure in West Lake area with stilt/under- structure parking. The proposed Septic system is actually in the FEMA Flood plain AE6 within 25 Feet of mean high water mark. West Lake has been determined to be an environmentally sensitive wetland area. - Septic system actually calls for an above grade 125 feet long retention wall on the property line. - Location of house specifies an unbelievably short 10 Feet of front yard set-back!! this would indeed be the most non conforming setback in the area. I understand there was an unspecified building permit granted 50 years or so ago on this site. This could not nor should not carry any weight in the decision process as the Trustees are charged with maintaining the spirit&letter of their responsibilities to vote no for this encroaching development into this environmentally sensitive area by an an out of State Corporate Petitioner. A yes vote on this proposed development would indeed set the type of precedent which any developer could site to develop a house virtually on any non-conforming Wetlands Lot. This situation lends itself perfectly for an opportunity for The Peconic Land Trust who was formed with these situations in mind. I thank you in advance for your thoughtful consideration in this matter. Douglas Fels 1165C ar Point Drive West Southold,New York ` FF01,r oma° �o Peter Young,Chairperson -J� Town Hall,53095 Main Rd. Lauren Standish,Secretary P.O.Box 1179 Southold,NY 11971 Telephone(631)765-1892 Fax(631)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., April 14, 2010, the following recommendation was made: Moved by Doug Hardy, seconded by Jack McGreevy, it was RESOLVED to NOT SUPPORT the Wetland Permit application of BENALI, LLC to construct a single-family dwelling 860 sq.ft., stone driveway and sanitary system surrounded by a retaining wall. Located: 1275 Cedar Point Drive West, Southold. SCTM#90-1-2 Inspected by: Doug Hardy The CAC does Not Support the application based on the following: • Serious concerns with the location of the sanitary system; • Concerns with adequate room on the property to handle drainage; • Proposed setbacks do not comply with Ch. 275 of the Town Code. Vote of Council: Ayes: All Motion Carried t r�� 4�� !�p � �4Miy s ..alt o:3` •^f .! r tl�/�i , !; ��1{r y, fi� ,•r K i 'N.�4 k i* �k//.kk,.. a $ ,�. •y( r y! �.?'1 {�� fr ,� '��Y ( (A.,;��� )� 4��;'i dl�q:; �1 s�y sh V� �7[�1j•�s9� JJJ �Sr 5� 46 10. 1 >> ��{Af4� y � ! !{GA! w !: �{ i'+ 1�' V i � � � t�� ! ffl�!!�!°A �� 6 8 Ch �I��!{� �li tj� �•Q�t �;�� C y ! k: rs ����{ M � ���{� r � � '� �� : a i�tl• ,y1!� ! 9a y'! r,.,y :� !, ' 1 if f�� ,t {�, �.,, 6 � T �t !� rldi `�!Y �ie� � +�ii� R •� !t� { { ! �r �, �! �eear+� � ( y t 'f..t� � T&p�i a •' r'nt !�•:� „T ,p �4�di tih�it f ( ..�•,,::w, t rs'i tisk` Y,� .. ., •(jetAt ' . t '{y" ps 'Ci �F` y'*��'�'s� �:,I S� T ;x;in��'';r 3.1 t� �. •`< r � �. TJ fk lt t - ;; 4 04/1.4/2'010 11 : 46 I�ilPil��c rr r , i f T - N �7 s, k� J � /x� :w` Y� * 1 ." t s�y• �,:__ w..„eta �. ,�;s v t.��: J,,� vR' S Ar9 0411412010'"��1 M Jill M.Doherty,President �QS�fF��C P.O.Box 1179 James F.King,Vice-President Southold,NY 11971 Dave Bergeny Telephone(631)765-1892 Bob Ghosio,Jr. A Fax(631)765-6641 John Bredemeyer O `g Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: 141- /P BENALI, LLC requests a Wetland Permit to construct a single-family dwelling 860 sq.ft., stone driveway and sanitary system surrounded by a retaining wall. Located: 1275 Cedar Point Drive West, Southold. SCTM#90- 1-2 Tyg,'of area to be impacted: _Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Pf Town Code proposed work falls under: Part Chapt�11 other Type of Application: Wetland _Coastal Erosion _Amendment _Administrative_Emergency Pre-Submission Violation Info needed: Modifications: Conditions: Present Were. _J Xing uJ.Dohert _J. Bredemeyer�. Bergen_ B. Ghosio, �D. other -5 O�Nv Form filled out in the field by Mailed/Faxed to: Date: Jan 13 06 01 : 56p p. 1 . �ouri xa.z TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N..Y. BUILDING .PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL. COMPLETION OF THE WORK AUTHORIZED) NO3587 Z Date ........................... ...... 19... .o Pe'mission is hereby granted to: ........... • ......................................... to ................................................................................... ... { vy at premises located at"�tY`L..3f..�� ..Cr.�'x�-ix�..,��:,�.�:�?,_r :: ........................................................... ...............................Ud)r.T:..�'S? +i.,r Y .. ?.......... ........... ..... .............................. ....................................................................................... . ... . pursuant to application dated ................... y18 ...... ..29.......... ., 1967.., and approved by the Bui klieg•Inspector. Fee .......... 6 r 1 7 A .. ........... Building Inspector 94i10i2008 13:57 FAX ssi 765 V3 ._...r.�. MOORB LAVY OFFICESCM088� s BOARD-OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK PERMIT NO.6325 DATE:December 12, 2007 ISSUED TO: SHIRLEY KRAM PROPERTY ADDRESS: 1275 WEST CEDAR POINT DR.,SOUTHOLD SCTM 0-1- AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on December 12.2007_in consideration of application fee in the sum of$250.00 paid by Shirley Kram and subject the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and perm the following: Wetland Permit to construct a 41X 40'open-grate catwalk with a 61X 20'floating dock at the seaward end held in place by two(2)2"metal pipes and with a ladder dow to the float; install a launching rail on the east side of the dock,3 'x/2'X 27'long with approx.four(4)cross-members holding it; construct a gazebo or storage shed less than 100 sq.ft. located 25' landward of the end of the fixed catwalk,in a northwesterly direction,install a 201X 20'parking area 30' landward of the landward end of the catwalk,and to restore and replant the marsh area at the landward end of the launching ramp.All work must be done in accordance with the plans prepared by Proper-T Peramd Services last dated March 3,2008. IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and those presents to be subscribed by a majority of the said Board as of this date. / BENALI, LLCProperty Situate: 1275 Cedar Point Drive West; Southold, New York SCTM #: 1000—090—01 —002 6 P` yew Ra,C Ev, PROPOSED CONSTRUCTION ACCESS ROUTE s a a Cedar Beach Rd Marn{s�frbw�+_ O"'"m Ln y t .3 2p ,gyp` A�vate Cedar Beach �a ° ►F County Parts der Te c` a$L�`eagb C. 'feet i�� rTy' 4V lAAt•Vii. µdyRp N SUBJECT PROPERTY ♦r !°'► — W La low b / a .I a , w • 4 SUBJECT PROPERTY P� �1 e raw a a s ranxYn \ w u ♦ � �.a., w v •+ y � WYf s.ovrw� a • tF r - , ,,,, u eS • y1 �� w s � W y m w OD s•unno O >.0 y aw a YU 6D e + POINT 4J" F » ®r� • u \ + west yi LAKE • '7 \ M a .�..0 �.w� + —pier--- a m � ,�� � � I ��!♦' = ,. � w.w.re uo I I a y a a a • m, I I I 'uYu y n a �,u•-� a a s r •rr s ° u I ! I I I j 1 I I I I I I I I I I �LI.. NECK BA, �•--»• �- ... -�_— •^ NOTICE COUNTY OF SUFFOLK [ *a• SWTHOLD SECTION NO Red PrWty Tax Wvfce Ag© Y ---- m xanr,wY. a..1.oyY Y > 0 9 '-.•.-: -_- - -.--...._-... w•.au mwn m w s wool® y .. w.. m . .....m..,..ews... srrt 1000 -- ._ 0 r Jill M.Doherty, President ��OF SO&PJ Town Hall Annex Bob Ghosio,Jr.,Vice-President ,`O �� 54375 Main Road James F. King P.O. Box 1179 Southold,New York 11971-0959 Dave Bergen G John Bredemeyer �Q Telephone(631) 765-1892 COU Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Leslie Kanes Weisman, Chairperson Zoning Board of Appeals FROM: Jill Doherty, President Board of Trustees DATE: January 31, 2011 RE: Variance Application Benali, LLC— SCTM#90-1-2 In response to your request dated January 26, 2011, the Board of Trustees reviewed the survey prepared by John C. Ehlers last dated January 4, 2011 and wetland boundary line flagged by JMO Environmental Consulting. We determined the wetland boundary line to be in the highlighted area as shown on the project plan last revised March 3, 2008 and stamped approved by the our Board on March 21, 2008, as stated in our memo to you dated December 28, 2011. Therefore, any activity within 100' of the wetland boundary will require permits from this office. Please contact our office if you require any further assistance. • 0 BOARD MEMBERS *OF SU�ro Southold Town Hall Leslie Kanes Weisman, Chairperson ylO 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 James Dinizioc Office Location: Gerard P. Goehringer G Town Annex/First Floor,Capital One Bank George Horning �p i� 54375 Main Road(at Youngs Avenue) Ken Schneider �'YCQuMy,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 January 26, 2011 26 To: Jill Doherty, President Town of Southold - Boar of Trustees From: Leslie Kanes Weism Chairperson Re: Benali, LLC 1275 Cedar Point Dr., W., Southold S CTM#1000-90-1-2 On January 19, 2011, the Zoning Board of appeals passed a motion referring the above application to the Board of Trustees for a jurisdictional determination on the location of the wetland boundary. As is the normal procedure, the Trustees deferred consideration of this application until the Zoning Board of Appeals issued findings and a determination. The Zoning Board of Appeals has determined that it cannot proceed with making a final determination until the Trustees determines the basis of its jurisdiction and that the location of the wetland boundary is critical to its consideration of environmental impacts of the proposal. Attached hereto is the information submitted into the Zoning Board of Appeals record on the issue of the wetland delineation for your review and consideration. The Zoning Board of Appeals has adjourned this matter until March 3, 2011. To avoid any delay to the applicant, it is respectfully requested that the Trustees forward its determination prior to that time. i 1 Q.M.O. Environmental Consulting Services RECEIVED JAN - 6 2011 (Vq January 5,, 2011 BARD OF APPEALS Ms . Leslie Kanes Weisman, Chairperson F-- Zoning Zoning Board Of Appeals �V• Town Of Southold ` Southold Town Hall rt Jlk,! 2 6 53095 Main Road, P.O. Box 1179 SaUhhe'c. �t:,�P. Southold, NY 11971-0959 Bc . Q, ; t RE: Benali LLC., Cedar Point Drive West, Southold S.C.T.M.No., 1000-90-1-2 Dear Ms. Weisman: Please be advised that I have recently revisited this property. At that time I reviewed the Tidal Wetlands delineation I had performed on 12/29/10. Upon taking a second look at the site I believe that a portion of my line, flags nos. 3-8, should relocated another 2'-3' landward. In comparing the various wetlands delineations done on this property I believe that the one performed on 1/19/06 by R. Fox is the most accurate. Should you or any member of the Board have any questions or comments regarding this matter please feel free to contact me at any time. Most tfu ly, Gle . Just Phone (631) 653-0607 • Fax (631) 653-3348 121 Jessup Ave • 2nd Floor • P.O. Box 447 Quogue, New York 11959-0447 New York State Department of Environmental Conservation Division of Environmental Permits,.Region 1 SUNY 0 Stony$rook 50 Circle Road, Stony Brook,NY 11790-3409 oboe I Phone: (631)444-0365 Fax: (631)444-0360 Website: www.dec.nv.gov Alexander B.Grannis : Commissioner REQUST FOR MODIFICATION f0 PROPOSAL . .RE.CEIVED September 30, 2009 JAN 2 0. 2011 Matt D. Ivans _40►W OF APPEALS Suffolk'Environmental-Consulting P.O...Box 2003 Bridgehampton, NY.1:1932IJ 2.6 q 1' , Re: Benali, LLC Property i R 1275 Cedar Point Drive West - . .. Southold, NY 11971 1-4738-02841/00003 Dear Mr. Ivans: 'The Department of Environmental Conservation (DEC) 'has carefully: reviewed the above application, arid ewe have the following comments: Your proposed project.requires•significant setback variances from our Development Restrictions. Part 661.6 (a)(1) of the. Tidal Wetland Regulations states,that the minimum.setback,of ail principal buildings and all:other.structures. i that are in excess of 100 square feet must be 75 fleet landward from the most landward edge of any tidal wetland. In addition, Part 661.6 (a)(2) of the Tidal Wetland Regulations states that all components of any on-site sewage disposal system must be located a minimum of-1 00' from the tidal wetlands boundary.. The dwelling is proposed to be located. within 25' of the tidal . wetlands boundary, and the sanitary system is proposed to be located just 30'from the wetland boundary. The mitigation offered, a roof runoff drywell which does not meet the setback requirements, is insufficient mitigation for the several variances.requested at this.already non- conforming site. Thus, the following -project. modification and additional information is requested: • Our technical staff have determined that the tidal wetlands boundary at this site Is currently located along the 2' elevation contour. Please.revise the boundary shown on the survey accordingly. • You must submit,an historical title search for this property and for.the adjacent properties to demonstrate that this lot has been in single and separate ownership since August 20, 1977. Thelimit'of clearing; grading,and•.gro.und.disturbance must be.shownon:the survey. Any`proposed entrances4.exits from the.dwelling (such as.stoops, walkways; etc.) must be shown on the survey. Cyears.of stewardship 1970-2010 ... ::..M) it yi' • . The proposed dwelling must be located as far landward as possible on this..lot. If a.; variance.is required from local setback regulations, such must be requested. • The proposed.drywall must be located as far from the tidal wetland boundary as possible. A.non-disturbance buffer area mustbe created along the tidal wetlands boundary. The width of the buffer area must be maximized to the greatest extent practical. Please send four copies of the revised survey'and additional requested information to. my attention at.the above address. When this information is received, processing. of your application will continue. Sincerely,' y,n Sherri Aicher Environmental Analyst cc: Benali, LLC RECEIVE® JAN 2 0 2011 BOARD OF APPEALS - i f � Q � ew York Ste"Department of Environmental Conservation of Fish, Wildlife & Marind Resources, Region One 51vislonn _ Marine Habitat Protection SUNY @ Stony Brook, 50 Circle Road, Stony Brook, New York 11790-3409 Phone: (631)444-0296 FAX: (631)444-0297 Website: www.dec.State nv usAlexanderander s.Grannis IAF CFIV�Q Commissioner JAN 21 80q FAX Transmission Cover Sheet RD OF,gPp To: Tnh(4rAIACjm (o,r„ #Pages + Cover,` A-N-`l'� ar�r� From: pate: � AIeXAurv�fes' 20 �� l 26 , r Message: 41P T C iq Y M-actA f 126 o s Aka �e✓t a�t L L G Qrypv:�� New York State Department of Environmental Conservation Division of Environmental Permits,4t°Floor 625 Broadway,Albany,NY 12233-1750 Phone: (5 18)402-9167 •Fax: (518)402-9168 v Website: www.d0S.nv rnv Now CERTIFIED MAIL RETURN RECEIPT REQUESTED /Q ✓q January 6, 2011 �� ��l 110,q R6 > 0 K 0P,4pp� Mr. David 1. Rosenberg Rosenberg Fortuna & Laitman LLP 666 Old Country Rd, Suite 810 Garden City, New York 11530 Re: DEC No. 1-4738-02841/00003 Benali LLC Property, 1275 Cedar Point Drive W.,Southold, NY Dear Mr. Rosenberg: This an December 28, 2010 letter demanding a decision on the subject application for a Tidal Wetlands permit under 6NYCRR Part 661. The proposal is to construct a two-story single-family dwelling and associated structures. Your letter was received here December 31, 2010. This decision is made within five working days, as required. The Tidal Wetlands permit is denied. This decision is based on the Department's comprehensive review of the application, including a site inspection, and a careful assessment of the project's impacts and consistency with the permitting standards in 6NYCRR §661.9. The Department finds that the proposed actions are not compatible with the public health and welfare, are not reasonable and necessary, do not serve to preserve and protect tidal wetlands and the natural resources of the state, and will have undue and adverse impacts on the present and potential values of the affected tidal wetland. Details for these determinations follow. The Department reviewed a similar proposal by the previous site owner in 2001. At that time staff assessed the project, and conducted a field inspection, and determined the project to be incompatible with the development restrictions of 6NYCRR Part 661 (Tidal Wetlands Land Use Regulations). Staff conducted a field inspection for the current proposal and found site conditions to be the same as in 2001_ Given this,the current development plan continues'to fail to meet the standards for permit issuance, as outlined below. Adequate water access facilities, authorized RIVIVED JAN 21 2011 by DEC permit No. 1-4738-02841/00002 includinga Stora RROARI, OF APPEALS gL�s ed, axed dock, ramp, and float, exist on the property. The proposed project is not compatible with the policy of the act to preserve, protect and enhance the present and potential values of tidal wetlands as it would lead to unnecessary destruction and despoliation of the tidal wetland. Following are the Department's evaluation of the project's consistency with applicable permit issuance standards. 1. Section 661.9(c)(1): The project is not compatible with the public health and welfare. The proposed sanitary system location is to be located 29 feet from the tidal wetlands boundary as indicated on the plans prepared by John C. Ehlers, Land Surveyor, dated 10/22/2010. The sanitary system will have an undue adverse impact on the present and potential values of the adjacent tidal wetlands. The short distance between the system and the tidal wetlands will enable pathogens from human waste to migrate to the tidal wetlands. This would adversely impact marine food production and raise concern for the public health and welfare through the potential contamination of shellfish and surface waters. 2. Section 661.9(c)(2): The project does not comply with the developmental restrictions stated in 661.6 of this Part. The proposed residential dwelling would be located 22.5 feet landward of the most landward edge of the adjacent tidal wetlands. This is 52.5 feet less than the 75-foot setback required by the developmental restrictions. The proposed sanitary system is 29 feet landward of the tidal wetlands. This is 71 feet less than the required 100-foot setback required by the developmental restrictions. 3. Section 661.9(b) (1)(i): The project is not compatible with the policy of the act to preserve or protect tidal wetlands and it will have undue adverse impacts on the present and potential values of the affected tidal wetland area or adjoining or nearby tidal wetland areas for marine food production, wildlife habitat,flood and hurricane and storm control, cleansing ecosystems, absorption of silt and organic material, recreation, education, research, or open space and aesthetic appreciation. As stated above, the proposed dwelling fails to meet the regulatory setback of 75 feet. This decreased setback would adversely affect the adjacent vegetated wetlands and buffer area by eliminating habitat and reducing the storm surge protection they provide. This proximity to the wetlands would reduce the absorption of silt and organic material and increase runoff and nutrient inputs. The proposed dwelling would cause physical disturbances during and after construction. JAN 21 ?Qf1 BOARD OIr4PP e; You may request a hearing on this decision by writing,within 30 calendar dayAsofthe date of the mailing of this letter,to the following: Mr. Roger Evans, Regional Permit Administrator NYS Department of Environmental Conservation SUNY Stony Brook 50 Circle Road, Stony Brook, NY 11790-3409 A copy must be sent to: James McClymonds, Esq., Chief Administrative Law Judge NYS Department of Environmental Conservation 625 Broadway, Albany, NY 12233-1010 The Department must commence the hearing within 45 calendar days of receiving the request. Please contact Sherri Aicher in our Stony Brook office at 631-444-0365 if you have any questions or wish to discuss this matter further. Sincerely, John J. Ferguson Chief Permit Administrator ecc: R. Evans S.Aicher R. Marsh L. Weintraub cc: Benali LLC COUNTY OF SUFFOLK �v"Yoh Steve Levy SUFFOLK COUNTY EXECUTIVE SOIL AND PLATER Paul A. TeNyenhui8 CONSERVATION DISTRICT DISTRICT NANAGER FAX: (631)727-3160 (631)727-2315 RECEIVED December 28, 2010 ,IAN 0 6 2011 Chairperson Leslie K. Weisman B04"' ��AP Town of Southold Board of Appeals r P.O. Box 1179 Southold, New York 11971-0959 ti J 26 i r_v ZBA#6422—Benali, LLC 8c�r or T% ess Dear Chairperson Weisman: As per your request,on December 22,2010 a site review was conducted at 1275 Cedar Point Drive West in Southold. This site was evaluated for potential natural resource concerns regarding the proposed construction of a new single family dwelling. The subject property is located on West Lake, an inlet off Hog Neck Bay. The observations and recommendations of this office are as follows. The ground elevation is gently sloping southward towards West Lake with an average existing elevation of approximately 5 or 6 feet above sea level according to Suffolk County LIDAR elevation data. Although this Lake is tidally influenced,there is little variation in the tide level. The high tide mark does not extend above the 2 foot contour. There are two existing structures on the property,a small shed and a dock. The existing vegetation is dominated by Phragmities australis. It is recommended to leave all existing vegetation intact and not disturb the shore line. According to the Suffolk County Soil Survey,the native soils on the property are RdB—Riverhead Sandy loam with 3-8%slopes. This soil type is classified as hydrologic soil group B;group B soils are well drained, highly permeable soils. This means that any nutrients, such as fertilizer and septic system effluent, will readily percolate down into the groundwater table. The test hole data on the survey indicates that the groundwater elevation is at 1.1 feet above sea level. This data was collected on November 12, 2009.Although this elevation is accurate for the summer and fall, it is important to realize that the ground water elevation in the springtime will likely be much higher than this, perhaps 2-3 feet higher. In this instance the cesspools will not have adequate separation from groundwater and will serve as a nitrate contamination source to the groundwater and thus the Lake and the Bay. 423 Griffing Avenue, Suite 110 • Riverhead • New York 11901 [ l v�` C9— • COUNTY OF SUFFOLI ' off' �j o Steve Levy SUFFOLK COUNTY EXECUTIVE SOIL AND WATER Paul A. TeNyenhuis CONSERVATION DISTRICT DISTRICT MANAGER FAX: (631)727-3160 (631)727-2315 The southern side of the proposed dwelling is 30 feet away from the mean high tide mark. A 100- foot set-back from tidal wetlands is ideal, with 50 feet as the minimum recommendation. It is unlikely that a 30-foot setback will provide a sufficient buffer to protect both the wetland as well as the structure from extreme storm activity. Although it is possible to develop this site, it has severe natural resource limitations, mainly the depth to ground water and set-back from the wetland. If you require further assistance in this matter please don't hesitate to contact me. Best regards, 1V,,5LtL ALJO Nicole Spinelli Soil District Technician 423 Griffing Avenue, Suite 110 • Riverhead • New York 11901 po J- DEC-31-2010 01:53 FROM: T*9064 P.2 RECEIVED `Pa� DEC 302010 BOARD OF APPEALS t4v I` , 2 s 09 s AH r� r� 0' EDGE OF MA RS �6 AL r� w�sr JMO ENVIRONMENTAL CONSULTING QUOGUE, N.Y., . i • Jill M.Doherty,President \\QF 50111 Town Hall Annex James F.King,Vice-President ��� �1 54375 Main Road P.O. Box 1179 Dave Bergen Southold,New York 11971-0959 Bob Ghosio,Jr. G John Bredemeyer Telephone(631) 765-1892 ��►CO , Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Leslie Kanes Weisman, Chairperson Zoning Board of Appeals FROM: Jill Doherty, President Board of Trustees r DATE: December 28, 2010 V RE: Variance Application Benali, LLC— SCTM#90-1-2 The Board of Trustees found the wetland line to be in the highlighted area as shown on the project plan last revised March 3, 2008 and stamped approved by the our Board on March 21, 2008. Please contact our office if you require any further assistance. PROPOSED PARKING ARE 20';REMOVE ' EXISTING BCA AND REPLA TH DEC-APPROVED. n PERVIOUS SURFACING MATERIAL 120! LIMIT OF CLEARING 1 1000-90-1-2 PROPOSED GAZEi�O E�4 OR STORAGE SHED to p T X 14'OR OTHER StiE u J LESS THAN 100 sq.fL ( I MAR 14 "� U "� m W t=" t ----' I r..3 rn a V PROPOSED•LAUNCHI ¢( a Z PACED&Vt X 27'OVERALL; a Q 3 CROSS-MEMBER' OCAT10N8 Q O in �S TYPICAL m 0 LU D M 0) p� ' fir• . _.....___—...--- D BOUNDARY r '� r'' r_ -� _ T��-• BY R.FOX,1119M Q4w �r. -0-q bill QaoW rrr't as Z r r -IA PROPOSED LOW-PROFILE FIXED z p t $ DOCK 4'X 40'WITH OPEN GRATE ,pa t DECKING AND 6"d.PILES. 1' �,q� ` �� $�• SOIL DISTURBED NEAR LANDWARD - 1 Z END OF LAUNCHING RAILS TO BE 0 t - REPLANTED WITH NATIVE VEGETA- FLOAT 6'X 20'SECURED AT END .3,p meq, I TION.APPROX.36 SO.FT. OF DOCK BY TWO 6"d.PILES OR 2'METAL PIPES.ACCESS TO 1 FLOAT BY 2'WIDE LADDER AT- 1 SCALE 1"=20' TACHED TO DOCK. -- —2.5 _ - i 1 $p CORPS OF ENGINEERS DATA PROJECT PLAN Application regarding the of PURPOSE:Construct fixed open walkway and PP property Benali,LLC; St:T'M H1000-90-1-2 STREET ADDRESS OF PROJECT SITE; floating dock,and two-mil small craft launching Represented by 1276 WEST CEDAR POINT DRIVE ramp,for private recreational purposes. PROPER-T PERMIT SERVICES bATUM:MLW P.O.SOtJIHOLD.NY 11971 Box 617,Cutcltogue,NY 11935 IN:West Lake AT:Southold James E.Fitzgerald,Jr. 516-734-5800 COUNTY:Suffolk STATE:New York Revised March 3,2008 • 9 BOARD MEMBERS *OF SO Southold Town Hall Leslie Kanes Weisman,Chairperson � yp�O 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 James Dinizio Office Location: Gerard P. Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing 'gyp i� 54375 Main Road(at Youngs Avenue) Ken Schneider CQ� (,N Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 MEMO Date: November 22, 2010 To: Jill Doherty, President Board of Trustees From: Leslie Kanes Weisman, Chairperson Board of Zoning App RE: Variance application, Benali, LLC#6422 Prior to the Zoning Board making a decision on the above referenced application, we would like to have complete information from all agencies involved in the review process. At the Town Board work session on November 16, 2010, Council members suggested that the ZBA ask the Trustees to contact the NYSDEC, for the purpose of conducting a joint inspection of the Benali, LLC site, as has been done in the past, to mutually determine the location of wetlands on the subject property. In addition,the Town Board feels that LWRP Coordinator Mark Terry should participate in the flagging of wetlands, either during this joint inspection and/or on his own. The Board passed a resolution on the evening of Nov 16th, allocating money to the ZBA to hire an independent environmental consultant to do environmental impacts analysis of the proposed Benali construction after the location of wetlands has been determined, should we deem it necessary. This consultant may also be used to flag wetlands but it is hoped that this matter can be successfully resolved by agreement of the Trustees, DEC, and LWRP Coordinator. Please advise our office if a joint inspection is possible and, if so,what the expected time frame would be. The applicant is scheduled to appear for a second hearing before the Zoning Board on January 6, 2011, and it would be very helpful to all concerned if your coordinated review/recommendations were submitted to our office prior to that date. Thank you CC: Mark Terry, LWRP Coordinator Jennifer Andaloro, Assistant Town Attorney Scott Russell, Supervisor Jill M.Doherty,President \\QF SO111. Town Hall Annex James F.King,Vice-President �� 54375 Main Road P.O. Box 1179 Dave Bergen J Southold,New York 11971-0959 Bob Ghosio,Jr. G John Bredemeyer '.�►0 �O Telephone(631) 765-1892 Fax(631) 765-6641 l�C� , BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Leslie Kanes Weisman, Chairperson Zoning Board of Appeals FROM: Jill M. Doherty, President Board of Trustees DATE: November 15, 2010 RE: Variance Application #6422 - Benali, LLC The Board of Trustees reviewed the survey prepared by John C. Ehlers last revised October 22, 2010 and conducted a site inspected on Wed., November 10, 2010. Our Board found the wetland boundary line to be in line with the landward edge of the existing dock, and not along the 2' contour line, as shown on the survey. The survey should be revised to reflect the accurate wetland boundary Line. If you need any further assistance, please don't hesitate to contact our office. cc: Bruce Anderson r Suffolk Environmental Consulting, Inc. Newman Village, Suite E,2322 Main Street,P.O. Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President Via Regular Mail October 21, 2010 Southold Town Zoning Board of Appeals Town of Southold 53095 Main Road P. O. Box 1179 Southold, NY 11971 ' � C' Re: Benall, LLC Property Situate: 1275 Cedar Point Drive West; Bayview Town of Southold, NY SCTM #: 1000-90-1-2 Dear Members of the Board, As you know, a question as to the accuracy of the wetland boundary was raised during the public hearing of October 21, 2010 concerning the application referenced above. The purpose of this correspondence is to address that question and to shed further light on this application. Our application relies upon a survey prepared by John Ehlers last revised March 1, 2010. The March 1"survey of Ehlers depicts a wetland boundary delineated by Suffolk Environmental Consulting, Inc. on November 6, 2009 and located in the field by a licensed surveyor on December 15, 2010. A copy of the March 1, 2010 survey is attached hereto at Exhibit A. A wetland permit was filed with New York State Department of Environmental Conservation (NYSDEC) on April 8, 2010. Correspondence from NYSDEC misdated September 30, 2009 (it should have read 2010) was received in response to that application which correspondence determined that the wetland boundary was located at the 2-foot contour line. A copy of the NYSDEC correspondence is attached hereto at Exhibit B. The survey was subsequently revised by John Ehlers on October 22, 2010 to show the wetland boundary as per NYSDEC. A copy of that survey is attached hereto at Exhibit C. A comparison between the wetland boundary depicted on the March 1, 2010 survey and on the October 22, 2010 survey reveal that the wetland boundary as delineated by this office is nearly identical to the wetland boundary delineated by NYSDEC and, in any event, I accept the wetland boundary determined by NYSDEC. Accordingly, there is no need for the Town to retain an environmental consultant to evaluate the wetland boundary and I request that your efforts to do so be abandoned. In related matters, please be advised that the October 22, 2010 survey also depicts a line of hay bales and silt fence, a limit of clearing, grading and ground disturbance, a relocated dry well (relocated landward to the maximum extent possible) and a landing and stairs creating a second form of ingress and egress to the dwelling so as to comply with the applicable building codes. Based upon these revisions, I request that the LWRP process be completed finding this application to be consistent the applicable coastal policies as has been the case in other similar applications in the immediate neighborhood. I enclosed 10 original survey prints of the October 22, 2010 survey by John C. Ehlers all bearing original stamp and signature. This survey shall replace the previous survey on file for purposes of evaluating our variance request. Sincerely, 4r, ce A. Anderson Cc. J. Dougherty, Southold Town Trustees Benali, LLC D. Rosenberg, Esq. 5URVEY OF L0 34 , EXHIBIT A "MAP OF GEDAR BEAGH PARK" SwF FILED DEG. 20, I ct2-1 A5 MAP # clO SITUATE: 13AWIEN �► 8��� + >6 s <,c��r TOWN: SOUTHOLD �' - C,� T%G F� SUFFOLK COUNTY, NY SURVEYED: 02-28-200q REVISED: 0-1-21-200q, 12-15-200Q <`6.6 AO S� 03-01-2010 i SUFFOLK COUNTY TAX 0 `" r/W`8 `1 0 LOT # 1000 - q0 - 1 - 2 C",� 2 c 6 CERTB:qM TO: p i \ IEENAU LLC �0 20 Z \FA c ti \ sT000 r8� to of wall el. 8.6' (� Q S o,e /* CO �p�� 0 + _ I \ q rest Hole + / \ (4 McDonald 3" #4 Bars 12" OG. Q ST / \ / (� F�` C6eoscience A RTj / O �IJ >S vlz/zooq QZ \ W;8 A ' T/ S / b/ o EL=6.3' O U Dark Brown \\ �< / `C O OL Loam \ V \ + I' ,moi_�✓ - + \ \ / / < \ Brown v y" GL \ \ / — \ #4 Bars 8" O.G. E.W O Brown/ / + 0 5G Glay y D \ \ \ Sand �° \ ground 5.2' Q #4 Ow615 0 12" O.G. +\ + \ water Ui �68 �/ 4� / \ \ \ ter 5G InaBrown O / \ \ Clayey Sand In J 6\ In PROPOSED RETAINING WALL 3 8 0 7, L \\ ` Brawn 4 SW Fine to Coarse 12 Sand FF=12'+ Q \ `7x- TW EL=8.6' 5% SLOPE MAX. GRADE EL=iO 1> INV=7.4' INV=7.6' INV=8.1' INV=8.4' \ J OF NE 1500 CIV0�V v A P� C. l�cpy'A,f GALLON �\' �O \ \U 2' MIN. 7/-y HIGHEST EXPECTED GROUNDWATER ELEVATION 1.1 0 PROP05ED SEPTIC CROSS SECTION C/J SANITARY NOTES: J 1. SEPTICTANK SHALL BE MONOLITHIC AND FABRICATED FROM (L \ 10' DIA. X 4' SOLID RING WITH 36" LIQUID DEPTH 2. 4 CESSPOOLS 8' DIA. 3' DEEP, MIN. 1' MAX 2' COVER /� Q 3. RETAINING WALL SHALL BE WATERPROOFED ON SANITARY SIDE 17 NOTES: �`�e� y� ai eaiaiterato o aaait�to a g ey �%h9 mop tzoring a'cenxa IOna sur�eyor'g seal Is a blatiOn of gectbr'1209.gW-alvslOn�,Oi Lne New YState Ea I,, O FOUND PIPE (//� ork L �G l capbs from the ori9Yn1 of Nis survey v k d nits m orgo-oi of trz fora wr�eyor's \ (�/ stomped seoi snoii lx congaerea to tx..aua trve Area = 1,185 S.F. OR 0.164a Acres � V �ertiii�ationg irdicotea nere�,g;gafy tbt Nis [/ e� s�.,ey wg preporea in accoramce rvxh Ne ex- PROPERTY FEMA FLOOD ZONES A5 5HOWN ON MAP # 36103GO16 7 H 9 `� i If VCS—i— //L J� the New York 5tote Aggociatbn of Pro`ession0l 'V� ✓rJ Lord S,rveyorg. 5aa certxicotions sr+0ii rwoniu /V^ to the person for venom the\ g�.�eyy, l C/E- od on g xnoir to the tnie ca,pm ni �erpr«mrne�. toi ay a iew.g trtvtdn ist ane on od ELEVATIONS REFERENCE NAVD 1x88 DATUM ge o q,e,o i— f t e a Mstit tw L t; o- t.cngf m t await tt�tiorvg FLAGS 5HOWN THUS X EQUAL LANDWARD EDGE OF TIDAL - -- WETLANDS AS DELINEATED BY SUFFOLK ENVIRONMENTAL GON501-TIN6, Inc. ON NOVEMBER 6, 20011 GRAPHIG SCALE 1"= ZOt AREA OF PROPERTY TO EDGE OF WETLANDS 6,580 S.F. HOUSE AREA 860 S.F. PERCENT OF LOT COVERAGE 13.1515 k€ E I�1 r:1 � `�.4 i 1"�. I Ft, _ � ,-, } )k?a„i-Ancnts;t id Seit n.1-s" 1 'IiE'I'LIl'2 -ili)cI3C's,�t i iii tr1.X��_}�i1�t5 \t1�j rh v e ns EXHIBIT B New York State Departmentof Environmental Conserva ion - Division of Environmental Permits, Region 1 SUNY @ Stony Brook V 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631) 444-0365 • Fax: (631) 444-0360 Website: www.dec.ny.gov Alexander B. Grannis Commissioner REOUST FOR MODIFICATION TO PROPOSAL September 30, 2009 Matt D. Ivans Suffolk Environmental Consulting P.O. Box 2003 Bridgehampton, NY 11932 Re: Benali, LLC' Property 1275 Cedar Point Drive West Southold, NY 11971 1-4738-02841/00003 Dear Mr. [vans: The Department of Environmental Conservation (DEC) has carefully reviewed the above application, and we have the following comments. Your proposed project requires significant setback variances from our Development Restrictions. Part 661.6 (a)(1) of the Tidal Wetland Regulations states that the minimum setback of all principal buildings and all other structures that are in excess of 100 square feet must be 75 feet landward from the most landward edge of any tidal wetland. In addition, Part 661.6 (a)(2) of the Tidal Wetland Regulations states that all components of any on-site sewage disposal system must be located a minimum of 100' from the tidal wetlands boundary. The dwelling is proposed to be located within 25' of the tidal wetlands boundary, and the sanitary system is proposed to be located just 30' from the wetland boundary. The mitigation offered, a roof runoff drywell which does not meet the setback requirements, is insufficient mitigation for the several variances requested at this already non- conforming site. Thus, the following project modification and additional information is requested: • Our technical staff have determined that the tidal wetlands boundary at this site is currently located along the 2' elevation contour. Please revise the boundary shown on the survey accordingly. • You must submit an historical title search for this property and for the adjacent properties to demonstrate that this lot has been in single and separate ownership since August 20, 1977. • The limit of clearing, grading, and ground disturbance must be shown on the survey. • Any proposed entrances or exits from the dwelling (such as stoops, walkways, etc.) must be shown on the survey. 4 years of stewardship 1970-2010 • The proposed dwelling must be located as far landward as possible on this lot. If a variance is required from local setback regulations, such must be requested. • The proposed drywell must be located as far from the tidal wetland boundary as possible. • A non-disturbance buffer area must be created along the tidal wetlands boundary. The width of the buffer area must be maximized to the greatest extent practical. Please send four copies of the revised survey and additional requested information to my attention at the above address. When this information is received, processing of your application will continue. Sincerely, Sherri Aicher Environmental Analyst cc: Benali, LLC EXHIBIT C v SURVEY OF L0-A34 � � N "MA ' OF GEDAR BEACH PARK" /y /NG FILED DEG. 20, 1q2-7 AS MAP # c10 E n4c SITUATE: BAYVIEW 's/ TOM: w�rFR 1 TOWN: LD tiG 8 S SUFFOLK COUNTY, NY • � s W-4 SURVEYED: 02-28-2009 REVISED: 0-7-21-2009, 12-15-2009 6,6 � 03-Ot-2010, 10-22-2010 SUFFOLK COUNTY TAX m q�~ 8 6, ` - /r C� LOT # 1000 - 90 - 1 - 2000 z S, / C1ERTIFM TO: 0 a o B ENAILII]LI.0yo% \U w r8, to of wall el. 8.6' 0 q� C/ FA / / \\n,8' S R z � \ / QvTest Hole O pRpp \ \ ���� /�� McDonald 3" 04 Bars 12" O.G. _ J� / , 1 / ` O F�\>S1/12/200-1 Y T 0 rj l P i / O Dark Brown W 8 / Q V- QS \ OL Loam r: 1/'/ Brown r�rr o Rp GL Gray `7- > ` rW �x r�%,\ fix/ /T� + B rown #4 Bars 8" O.G. E.W. �- ' a �V/ / � \p, � ,'0 � < z2 SG Glay14� e sandy : � \ ./. �. \.,(� ground 5.2' O #4 Dowe15 a 12" O.G. -/`7--�R •�p�j�" _ -f /x`/+� -..may \ \� + . / \ /n<�' \ \ water naElrown �� \ �. . . '\ '�J/�. \\ \ SG Glayey Sand C J _ /� �6 % + / _-._ .3 .�/ .{ \6 + b Water In / -...�-. �3 3 0 \ - v- Brown ' .� _ \. \. \ SW Fine to PROPOSED RETAINING WALL ,8 7 q �_ Goor5e Q �. OT ^ Sand GRADE EL=10' v TW EL=8.6 5% SLOPE MAX. OI��C(/ r INV=7.4INV=7,6' INV=8.1' INV=8.4' ('/� \.` 1 /� GALOLON !f \� \` \ �ry nom/ v �Qi EL 1 \\ \ 1 2' MIN. Z� OBJ, 7%y l�Q HIGHEST EXPECTED GROUNDWATER ELEVATION 1.1 O PROPOSED SEPTIC GROSS SECTION LLJ0 �\ SANITARY NOTES: 1. SEPTIC TANK SHALL BE MONOLITHIC AND FABRICATED FROM \ 0�� 10' DIA. X 4' SOLID RING WITH 36" LIOUID DEPTH �� -Z�q 2. 4 CESSPOOLS 8' DIA. 3' DEEP, MIN. 1' MAX 2- COVER \ 3. RETAINING WALL SHALL BE WATERPROOFED ON SANITARY SIDE Z� NOTES: �Oqv q�� e///h t o�g aiterotlo or oaaity eo a--y xa ncernea loM s�r�e ar s seal Is o r� �aiatan of x�uon,boa.sw-ai..ision�,or the O PIPE FOUND � J Mery cork Stole ErL<ation Larv' 'Only copies from the origNal of this survey arked with on "g-f of the IoM surveyor's \ � stamped seal coon tx cornlaerea to ce voLd true Area = 7,185 S.F. OR 0.1649 Acres "Gertificpticns kwkated hereon signify that this \ ^� —yawae prepared in xooraonce w¢h me a=- Y istng L ae o!Prcc[ice for LaM 5.rveys adapted PROPERTY FEMA FLOOD ZONES A5 5HOWN ON MAP # 36103G016-7 H e,the ,ew York S ate Association of Frofessio ai /n �CL10 to-r on fo venom�n��os��oes i,p rim cnidy \ " J y ie prepare ELEVATIONS REFERENCE NAVD 1988 DATUM ave ahai�to the Si lie amps y ga ernmen- �^ \ lel ams yaw 1 M✓mg t lotion ted hereon ave ' 11/, a the s�es of the leMing irntit�tion. GertiFica- \ �.(�/) t dons arc [transferable to pdditlonal institutions FLA65 SHOWN THUS X EQUAL LANDWARD EDGE OF TIDAL T WETLANDS A5 DELINEATED BTY SUFFOLK ENVIRONMENTAL 4� JOHN f C. E RS 1. , D SURVEYOR 0ON5ULTIN6, Inc• ON NOVEMBER 6, 2009 6 EAST MAIN STREET N.Y.S.LIC.N0.50202 6RAPHIG SGALE 1"= 20' AREA OF PROPERTY TO EDGE OF WETLANDS 6580 S.F. / RIVERHEAD,N.Y. 11901 369-8288 Fax 369-8287 ---�--�._-- ---------- ""-" l HOUSE AREA 860 S.F. PERCENT OF LOT GOVERA6E 13.196 � REF.-00ocuments and SettingAOwneAMy uments\My Dropbox\08\08\08-174.pro Jill M. Doherty,President *0f soyo Town Hall Annex James F.King,Vice-President �� 54375 Main Road Dave Bergen P.O. Box 1179 Southold,New York 11971-0959 Bob Ghosio,Jr. G �r John Bredemeyer '.� � � Telephone(631) 765-1892 ��►C0�'� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Jill M. Doherty, President Board of Trustees I DATE: November 3, 2010 RE: Variance Application, Benali, LLC#6422 March 22, 2006— Board of Trustees granted Approval to Shirley Kram by Board to construct a docking facility, gazebo/shed and parking area, subject to submission of revised plans. March 27, 2007- Benali, LLC applied for a Wetland Permit to construct a dwelling. April 2, 2007—Construction of a docking facility commenced without the benefit of the submission of revised plans and issuance of permit by Board of Trustees. Violation issued on or about April 2, 2007. April 10, 2007—Application to construct a dwelling postponed at the request of the agent. May 11, 2007—Application to construct a dwelling postponed at the request of the agent. December 12, 2007—Wetland Permit#6325(amended Resolution dated 3/22/06) issued to Shirley Kram to construct a docking facility, gazebo/shed and parking area. October 15, 2008—Wetland Permit#6325 transferred from Shirley Kram to Benali, LLC. April 24, 2009—Certificate of Compliance issued for Wetland Permit#6325 for the docking facility, gazebo/storage shed, parking area and marsh restoration. March 4, 2010—Application received from Benali, LLC to construct a single-family dwelling. April 21, 2010 - Postponed per Board of Trustees. BOARD MEMBERS O�*rjF SU!/lyol Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 James Dinizio Office Location: Gerard P. Goehringer G Town Annex/First Floor,Capital One Bank George Horning �p �� 54375 Main Road(at Youngs Avenue) Ken Schneider Iy00UNO Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MEMO Date: October 25, 2010 To: Jill Doherty, President Board of Trustees From: Board of Zoning Appeals RE: Variance application, Benali, LLC #6422 Comment: The Zoning Board Members are requesting a time line of the Benali property with your department. Thank you. Jill M.Doherty,President �QF sorry Town Hall Annex James F.King,Vice-President ,`O� �� 54 Main Road P.O..Box 1179 Dave Bergen Southold,New York 11971-0959 Bob Ghosio,Jr. G John Bredemeyer � Telephone(631) 765-1892 4UNT'1, Fax(631)765-6641 $ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Leslie Kanes Weisman, Chairperson Zoning Board of Appeals FROM: Jill Doherty, President Board of Trustees DATE: October 13, 2010 RE: Variance Application Benali, LLC— SCTM#90-1-2 Upon initial review, the wetland line appears to be inaccurate as flagged, per the survey prepared by John C. Ehlers last dated March 1, 2010. The Board of Trustees requests the wetlands be re-flagged and surveyed by Inter-Science, J.M.O. Environmental Consulting, or En-Consultants, Inc. Additional comments by this Board may follow pending the completion of this request. BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairperson y� SQUlyp�O 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 James Dinizio Office Location: Gerard P. Goehringer G Town Annex/First Floor,Capital One Bank George Horning �p p�� 54375 Main Road(at Youngs Avenue) CQ�My,N Southold,NY 11971 Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 MEMO Date: October 1, 2010 To: Jill Doherty, President, Trustees ° T _. From: Board of Zoning Appeals f j RE: Variance application, Benali, LLC #6422 F'c - T . Comment: We have received an application for a variance at 1275 Cedar Point Dr., West, Southold. Attached is a copy of the survey that was submitted along with a copy of the Building Dept. Notice of Disapproval. This application is scheduled for a public hearing on October 21, 2010 and the Board is requesting your comments regarding this application before the hearing date. Thank you. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: August 2 01 WECEIVED To: Suffolk Environmental Consulting for 010 Benali, LLC Property SEP 7 2 P O Box 2003 Bridgehampton, NY 11932 BOARD OF APPEALS Please take notice that your application dated July 27, 2010 For construction of a new single family dwelling at Location of property 1275 Cedar Point Dr. West, Southold, NY County Tax Map No. 1000—Section 90 Block 1 Lot 2 Is returned herewith and disapproved on the following grounds: The construction of a single family dwelling on this non-conforming (upland 6,580 sq-1 lot, is not permitted pursuant to Article XXIII Section 280-124 which states: "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 2.80-9, are nonconforming_&have not merged pursuant to 280-10." On lots less than 20,000 sq. $., the required front yard setback is 35'. The site plan indicates a front yard setback of 10'. Authorized Signature t ^I SURREY OF LOT 04 "MAP OF CEDAR BEACH PARK" �4' ow�< N FILED DEG. 20, I c12-7 AS MAP # clO w c+ w / `/"G 6 TOWN: LD �4' + SUFFOLK COUNTY NY 3 a ;9 ,` �- : S SURVEYED: 02-28-200q `ST0 REVISED= 0'1-21-20oQ, 12-15-200ci w _-- 03-01-2010 66 \ e V � RECEIVEDSUFFOLK COUNTY TAX �a c4-- LOT LOT # 1000 - a0 - 1 - 2 L S SEP 7 201CERTUMD TO: O cA 4) BENALLLC r8, to of wall el. 8.6' o �pmxQ Q `p \�'° S c tio�e \ tiF r w BOARD OF APPEALS �Qz� )Q / FAv � � �� v vMiti + Test Hole McDonald za, i J(, (n \ Y O\p �\�8��S�r/ �� \ `\``\,h'5 `/11�//�'\/ -- /�d\ / /�l, (//�J1 •OO/ F� `/osclence 3" a4 Bars 12" O.G. R112/2010cl / OS EL=63' O.6, O O + Pork Ero- wn0OL Lm i + \ C/'/ / �< Brown _ c GL Gloy Oc + O Brown a4 Bars a" O.G. E.W. \ Q' sandy j O \ \ 9rovnd 5.2' a4 Dowels ® 12" O.G. + \ \ \ water Water O \ N6jZ - y 4\ In Brown 3 C \\ \ ` b Clayey sand �6 rk // + _ — — — �� /J T X74\\ \6. +�1�/J Water In PROP05ED RETAINING WALL `�8 7/ Qp \/ '�\ \ �<< � sW Bine`"to 0 sane FF=12'+ w Q - �o TW EL=8.6' 5% SLOPE MAX. GRADE EL-10' �\\ �V Q �Q INY=B.1' INV=8.4' J /1/\ \ \ \ ,..�' \ O �.~ ?� OF �1E1�{� INV=7.4' INV=7.6 1500 ('v 0 \ \ Q EL=4.1' GALLON r �O \ \ v �V Ci 2' MIN. W �O\ 7 1\ \ 0141 HIGHEST EXPECTED GROUNDWATER ELEVATION 1.1 \ \ O\ Q q �. PROPOSED SEPTIC ORO% SECTION Q �'j/ \ \\\\ � �V v 0 r SANITARY NOTES: 6 1. SEPTIC TANK SHALL BE MONOLITHIC AND FABRICATED FROM (L � +\ u JQ S 10' DIA. X 4' SOLID RING WITH 36" LIQUID DEPTH �� oQ 2. 4 CESSPOOLS 8' DIA. 3' DEEP, MIN. 1' MAX 2' COVER 3. RETAINING WALL SHALL BE WATERPROOFED ON SANITARY SIDE NOTE-5: ei T204a.«n 2.a Ow \ H.w York$tote Ebroalkm la..' O PIPE FOUND � -a g"Pwe from w orle� l of kW nRh an orlgYnl d�/r btl aww b Area = '1,185 S.F. OR 0.164q Acres o her •certniwtwm bk .a .r.....,�fy \ ` Y roeig coos a��w io�i.ad Kswy mwopee PROPERTY FEMA FLOOD ZONES A5 5HOWN ON MAP # 36105GO16-7 H �\ '^ 4 , car Yo k Slob Afsoc at on d P d.„krol� v 1� O�� k� f Horn the wrv.y�p�. ELEVATIONS REFERENCE NAVD IQbb DATUM \ /// ore on hr canon e w tnw own .q tk=.or.got o-owfroa.to oaanwai weibtk,e FLAGS SHOWN THU5 X EQUAL LANDWARD EDGE OF TIDAL \ JOHN r WETLANDS A5 DELINEATED BY SUFFOLK ENVIRONMENTAL u C. E RS DSURVEYORI CONSULTING, Inc. ON NOVEMBER 6, 200q 6 EAST MAIN STREET N.Y.S.LIC.NO. 50202 GRAPHIC SCALE 1"= 20' AREA OF PROPERTY TO EDGE OF WETLAND5 6,580 5.F. RI�rERHEAD,NY11901 HOU5E AREA 860 5.F. PERCENT OF LOT COVERAGE 13.15 N.Y. 369-8288 Fax 369-8287 — \ wner\My uments\My Dropbox\08\08\08-17-C:\Documents and Settings .pro w r c Jill M. Doherty,President �QF SO!/rTown Hall Annex James F.King,Vice-President ,`O� �� 54375 Main Road P.O.Box 1179 Dave Bergen Southold,New York 11971-0959 Bob Ghosio,Jr. G John Bredemeyer ��0 Telephone(631) 765-1892 couFax(631) 765-6641 H i l l BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 28, 2010 Mr. David I. Rosenberg Rosenberg Fortuna & Laitman, LLP 666 Old Country Road, Suite 810 Garden City, NY 11530 RE: BENALI, LLC 1275 CEDAR POINT DRIVE WEST, SOUTHOLD SCTM: 90-1-2 Dear Mr. Rosenberg: With regards to the above mentioned property, enclosed please find a copy of a letter sent to Bruce Anderson of Suffolk Environmental Consulting, dated April 28, 2010. Again, as stated in the letter to Mr. Anderson, the Board of Trustees reserves the right to postpone any application. Sincerely, M. Doherty resident, Board of Trustees JMD:eac Cc: L. Hulse, Town Attorney B. Anderson, Suffolk Environmental Consulting, Inc. i Jill M.Doherty,President ��0f so Town Town Hall Annex James F.King,Vice-President ,`4 54375 Main Road P.O.Box 1179 Dave Bergen Southold,New York 11971-0959 Bob Ghosio,Jr. G Q John Bredemeyer Telephone(631)765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 28, 2010 Mr. Bruce A. Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932-2003 RE: Benali, LLC 1275 Cedar Point Drive West, Southold SCTM#90-1-2 Dear Mr. Anderson: In response to your letter dated April 21, 2010j.the above referenced property was not the subject of the meeting.held the morning of April 21, 2010. The Board of Trustee's review all applications prior to the scheduled hearing and reserve the right to postpone. As discussed on the phone, the required approval by other agencies necessitates the postponement of the application from the hearing agenda of April 21, 2010. Sincerely, ill M. Doherty . President, Board of Trustees JMD:eac Cc: L. Hulse, Town Attorney ROSENBERG FORTUNA & LAITMAN- LLP ATTORNEYS AT LAW 666 Old Country Road,Suite 810 New York City Garden City,NY 11530 110 East 59"Street New York, New York 10022 Telephone: (516)228-6666 (212)980-6666 Facsimile: (516)228-6672 Not For Service of Legal Papers David I.Rosenberg Partner david@rosenbergfoituna.com June 22, 2010 D (� Q V E Board of Town Trustees, Town of Southold JUN 2 3 � ?0 Town Hall Annex 54375 Main Road southhold Torre P.O. Box 1179 Board of Trustees Southold,New York 11971 Attention: Jill M. Doherty President, Board of Trustees Re: Benali, LLC 1275 Cedar Point Drive West, Southold SCTM #90-1-2 Dear President Doherty: Please be advised that this firm represents Benali, LLC, the applicant for a local Wetlands Permit concerning the property located at 1275 Cedar Point Drive West, Southold,New York. I am writing to formally object to the Town's procedure which canceled the hearing scheduled for April 21, 2010 at the last minute and, instead,after having the completed application pending for several months, required the applicant to apply to the Town Zoning Board of Appeals for a variance prior to the consideration of the local Wetlands Permit. I understand that this procedure is contrary to the custom and practice and lawful procedure of the Town and we believe that after months of preparation and considerable expense by the applicant, the refusal to hear the application was done in a discriminatory and prejudicial manner toward the applicant. There is currently no procedural basis for the Board of Trustees to have deferred consideration of an otherwise completed application without full compliance with the Open Meetings Law and without open deliberation by the Trustees or an opportunity for the applicant to be heard. Moreover, the application for the variance will require significantly more expense and additional consultants as well as the considerable loss of time to the applicant. ROSENBERG FORTUNA&LAITMAN•LIP June 22, 2010 Page 2 We formally request that you reconsider this action and place the application on the calendar for the next meeting of the Trustees. We reserve all of our rights and remedies on behalf of our client. Very s, Da I. osen r DIR:dmg cc: Benali, LLC Attention: Steven Kram Town Attorney of the Town of Southold Attention: Lori Hulse, Esq. Suffolk Environmental Consulting, Inc. Attention: Bruce Anderson 0 0 Jill M.Doherty,President so(/ry Town Hall Annex James F.King,Vice-President ,`O� 54375 Main Road P.O.Box 1179 Dave Bergen Southold,New York 11971-0959 Bob Ghosio,Jr. y John BredemeyerOl� �� Telephone(631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 28, 2010 Mr. Bruce A. Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932-2003 RE: Benali, LLC 1275 Cedar Point Drive West, Southold SCTM# 90-1-2 Dear Mr. Anderson: In response to your letter dated April 21, 2010, the above referenced property was not the subject of the meeting held the morning of April 21, 2010. The Board of Trustee's review all applications prior to the scheduled hearing and reserve the right to postpone. As discussed on the phone, the required approval by other agencies necessitates the postponement of the application from the hearing agenda of April 21, 2010. Sincerely, Jil . Doherty President, Board of Trustees JMD:eac Cc: L. Hulse, Town Attorney • Suffolk Environmental Consulting, Inc. Newman Village, Suite E,2322 Main Street,P.O. Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President Via Facsimile and Regular Mail April 21, 2010 Jill Doherty, President Southold Town Trustees P. O. Box 1179 Southold, NY 11971 Re: Benali, LLC Property situate: 1275 Cedar Point Drive West, Southold SCTM # 1000-90-1-2 Dear Mrs. Doherty, This is to confirm our conversation of today regarding the above referenced permit matter, a public hearing for which was scheduled for this day. You have informed me that a meeting was held today between various members of the Southold Town Trustees and various members of the Southold Town Zoning Board of Appeals. During that meeting, Lori Hulse, Town Attorney, advised the Town Trustees to cancel or otherwise postpone any Trustee Hearing on the Benali, LLC application until the Zoning Board of Appeals receives a zoning application and determines whether or not subject parcel is a buildable parcel and whether or not the dimensional relief sought is appropriate for this lot. The applicant was prepared to move forward on the public hearing tonight and I enclose the Affidavit of Posting for your records. By way of this correspondence, I request written confirmation of the above stated facts. Since, the Trustees and apparently, the Zoning Board are relying on the advice of the Town Attorney, I request that the Town Attorney confirm in writing the basis for canceling or otherwise delaying the processing of this application and advise me as to what procedure she believes should be followed. I look forward to her written confirmation and response which could be emailed to my office at suffolkenvironmental(a-)-hotmail.com. Sincere Bruce A. Anderson aIADR. 21. 2010i 3: OOPM S UTHOLD SUPERVISORS N0. 846 P. 1` Suffolk Environmental. Consulting, Inc. Newman Village,Suite E,2322 Main Street,P_0. Box 2003.Bridgehampton,N im York 11932-2003 (631)537-5160 Fax: (631) 537-5291 Brute Anderson,M.S..President Via Facsimile and Regular Mail i. April 21, 2010 Jill Doherty, President OjO :. Southold Town Trustees P. Q. Box 1179 Southold, NY 11971 Re: Benali, LLC Property situate: 1275 Cedar Point Drive West, Southold SCTM #1000-80-1-2 pear Mrs. Doherty, This is to confirm our conversation of today regarding the above referenced permit matter, a public hearing for which was scheduled for this day. You have informed me that a meeting was held today between various members of the Southold Town Trustees and various members of the Southold Town Z=oning Hoard of 4peals. During that meeting, Lori Hulse, Town Attomey, advised the Town Trustees to cancel or otherwise postpone any Trustee Hearing on the Benali, LLC application until the Zoning Board of Appeals receives a zoning application and determines whether or not subject parcel is a buildable panel and whethef.or not the dimensional relief sought is appropriate for this loo-. The applicant was prepared to move forward on the public hearing tonigtil and I enclose the Affidavit of Posting for your records. By way of this correspondence, I request written confirmation of the above stated facts. Since-the Trustees and apparently, the Zoning Board are relying on the advice of the Town Attorney, I request that the Town Attorney confirm in writing the basis for canceling or otherwise delaying the processing of this application and advise me as to what procedure she believes should be followed. 1 look forward to her written confirmation and response which could be emailed to mp office at suffoik6nvironmentaliMhotmail.com. Since Bruce A. Anderson Apr A°R. 21' 20101,3: OOPM S UTHOLD SUPERVISORS NO. 846 P. 2� 21 ' t 4 G� L. Hulse,Town Attomey Benali, LLC D. Rosenberg, Esq. Hpr ziAPR. 21. 20101 3:OOPM S UTHOLD SUPERVISORS NO. 846 P. 3' Illi M.Doherty,nreaideotlio Town Hall 53095 Main Rd. Jamas r.King,vic -Pmwdmt P.O.Box 1179 Davc Sagan Southold,NY 11971 Bob Ghosio,Jr. Telophonc(631)765-189 2 John B�em� Pax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOYTI HOLD e d BOARD OF TRUSTEES: TOWN OF SOLITHOLD In the Matter of the Application of BENALL LLC COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVrr OF POSTING I, T ie_ A2MAEaW residing at/db$agAeefic gaaaeAeba wwY& dAml im r&/hw, bcing'du>!y sworn,depose ad say: That on the 9 Waay of L ,2010, I personally posted the property known as by pl�the Board of Trustees ofEciarposw where it can easily be seem,and that I have cb ecl ed to be sure the poster has remained in place for eight days prior to the date of the public hearing. D t�.of hearing doted thoieon to beheld R!ed.,Auri!21.2010 o><t or al>tout 6:00 PM. Dated: mature) Swo&r o before me this /qda;cct*X"A 2 N ublic Ma!tnew D.Ivans Not2 'puDlie of New York wo, OlIV6053859 Q;:al: �� OFFICE LOCATION: OQF S�UryOl MAILING ADDRESS: Town Hall Annex Q P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) co Southold, NY 11971 Q Telephone: 631 765-1938 �� Fax: 631765-3136 i9e"OUNV,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM i To: Jill Doherty, President � APE'S 2 12010 1 Town of Southold Board of Trustees -- Southhold TownY - From: Mark Terry, Principal Planner Board of Trustees es Coordinator Date: April 21, 2010 Re: Request for Wetland Permit for BENALI, LLC SCTM#1000-90.-1-2 Suffolk Environmental Consulting, Inc. on behalf of BENALI, LLC requests a Wetland Permit to construct a single-family dwelling 860 sq. ft., stone driveway and sanitary system surrounded by a retaining wall. Located: 1275 Cedar Point Drive West, Southold. SCTM#90-1- 2 NOTE: The wetland delineation lines shown on the application for the dock and prepared by Sea Level Mapping and the lines submitted during this submission do not coincide (see attached). The wetland boundary delineated by R. Fox 01-19-06 is more northward. It is recommended that the wetland limits be defined prior to completing a Coastal Consistency Review. Cc: Lori Hulse, Assistant Town Attorney Office Use Only Coastal Erosion Permit Application —A—Wetland Permit Application Administrative Permit Amendment/Trans fer/Extension Received Application:_ g g /d Received Fee:$ 1,-- ✓ Completed Application: Incomplete: I I G p ! SEQRA Classification: r Type I Type II Unlisted 41!.. Coordination(date sent) 1 ✓ LWRP Consistency Asses men t Form:_Yl i h z) ✓CAC Referral Sent: �( /Date of Inspection: Receipt of CAC Report: Lead Agency Determination Technical Review- Public Hearing Held: oZ/ /y Resolution: ' Name of Applicant BENALI LLC Address 11499 Bella io Road• Los Angeles, CA 90049 Phone Number: (310) 880 - 6000 Suffolk County Tax Map Number: 1000—090—01 —002 Property Location: 1275 Cedar Point Drive West; Southold New York (provide LILCO Pole#, distance to cross streets, and location) AGENT: MATT D. IVANS a Suffolk Environmental Consulting, Inc. (If applicable) Address: P.O. Box 2003•Brid eham ton NY 11932 Phone:_ (631) 537—5160 � s Board of Trustees Application GENERAL DATA Land Area (in square feet): 7, 185 square feet t Area Zoning: R-40 Previous use of property: Residential (vacant) Intended use of property: Residential Covenants and Restrictions: Yes X No If "Yes", please provide a copy. Prior permits/approvals for site improvements: Agency Date SOUTHOLD BUILDING PERMIT(No.3587): Build new one family dwelling August 28, 1967 SOUTHOLD TRUSTEES PERMIT(No.6325): Construct dock structure December 12,2007 No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Applicant proposes to construct a single-family dwelling (860 sq ft + "footprints') stone driveway&sanitary system (surrounded by retaining wall 135') Mar 10 10 01: 56p • • p, 1 r ' SUFFOLK ENVIRONMENTAL CONSULTING, INC. FAX 2322 Main Street-Newman Village P.O.Box 2003-Bridgehampton-New York•11932 (631)537—5160(office) (631)537—5291(facsimile) suffolkenvironmental@hotmail.com DATE: March 10.2010 NUMBER of PAGES(including cover): 4 TO: ELIZABETH COMPANY: BOARD of TRUS M FAX#-. (631)765-6641 FROM: Matt D Ivan RE: BENALI.LLCProVM Elizabeth, Attached are the pages that we had talked about. The Short EAF is modified M item 8: The property is pre- odsti*non conforming with respect to land use restrictions, and the LWRP is modified in Policy 8: Only typical residential construction debris will result from the implementation of this prgerct. Consequently, the instant proposal will fully comply with this Policy. Thank, oY u for your assistance as always. Take care, 14-16-4(9/95)-Text 12 617.20 S EQ R PROJECT I.D. NUMBER Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1-PROJECT INFORMATION o be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Suffolk Environmental Consulting,Inc. BENALI,LLC Property 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections,prominent landmarks,etc.or provide map) 1275 Cedar Point Drive West; Southold,New York 5. IS PROPOSED ACTION: ® New ❑ Expansion ❑ Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to construct a two-story single—family dwelling(860 sq.ft.±"footprint?'),stone driveway&sanitary system(surrounded by retaining wall @ 135'L±). 7. AMOUNT OF LAND EFFECTED: Initially 0_1 acres Ultimately 0_1 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑ Yes ® No If No,describe briefly The project does not meet the tidal wetland setbacks as requested. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ®Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: Private single family residences with related appurtenances. 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENT AGENCY(FEDERAL,STATE OR LOCAL)? ®Yes []No If yes,list agency(s)and permit/approvals Suffolk County Department of Health Services approval;New York State Department of Environmental Conservation approval. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes ®No If yes,list agency(s)and permit/approvals 12. ASA RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ® No 1 CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Matt .lvaim,—Suffolk Environmental Consulting,Inc.Date: March 1,2010 Signature: If the action is in the Coastal Area,and you are a state agency,complete the Coastal Assessment Form before proceeding with this assessment OVER 1 • 0 PART II-ENVIRONMENTAL ASSESSMENT(To be completed by Agency) A. DOES AC11ON EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.12? If yes,coordinate the review process and use the FULL EAF. ❑Yes ❑No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. ❑Yes ❑No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality,noise levels,existing traffic patterns,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural,archeological,historical or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitat,or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted,or change in use or intensity of use of land or natural resources? Explain briefly: C5. Growth,subsequent development,or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term,short term,cumulative,or other effects not identified in C1-05? Explain briefly: C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ❑Yes [--]No D. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑Yes ❑No If yes,explain briefly PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important,or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e.urban or rural); (b)probability of occurring; (c)duration; (d) irreversibility; (e)geographic scope; and(f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed.If question D of Part 11 was checked yes,the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary,the reasons supporting this determination: Name of Lead Agency Print or Type Name of Responsible Officer Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different From responsible officer) 2 Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Policy 7 is not applicable in that the proposal will be for the construction of a single family dwellina with related appurtenances thereon which will not result in any form of adverse effects to air quality. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III-Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Policy 8 is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutants, and petroleum products, Attach additional sheets if necessary PUBLIC COAST POLICIES Policy 9. Provide for public access to,and recreational use of,coastal waters,public lands,and public resources of the Town of Southold. See LWRP Section III-Policies; Pages 38 through 46 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Policy 9 is not applicable in that the proposal will not impede any access to the surface waters in and around subject property and/or become detrimental to the recreational use of the surrounding resources. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III-Policies; Pages 47 through 56 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Policy 10 is not applicable in that the proposal does not involve a water-dependent use (i.e. marina aquaculture, etc...). Attach additional sheets if necessary Board of Trustees Application County of Suffolk State of New York BENALI. LLC 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 HARMELESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY BIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S0, TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. �f Signature SWORN TO BEFORE ME THIS DAY OF C .�a.., ,20__IQ ""Rotary Public ANETTE V.MUU.E Commission 0 1l6N19% Notary Pubic.CNNWMS Los APO GS County M Comm: M LW4 J.2013 Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, BENALI, LLC residing at 11499 Bellagio Road; (print owner of property) (mailing address) Los Angeles, California do hereby authorize Suffolk Environmental (Agent) Consulting, Inc. to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owners signature) Board of Trustees Application N/A COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Are wetlands present within 100 feet of the proposed activity? No Yes Does the project involve excavation or filling? No Yes If Yes, how much material will be excavated? (cubic yards) How much material will be filled? (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purposes of proposed activity: Applicant proposes to construct a single—family dwelling (860 sq. ft. ± "footprints') stone driveway(200 sq. ft. ±) &sanitary ystem (surrounded by retaining wall(@ 135'). Area of wetlands on lot: 580± square feet Percent coverage of lot: 8.1 + Closest distance between nearest existing structures and upland edge of wetlands: 0.0 feet (existing timber dock) Closest distance between nearest proposed structures and upland edge of wetlands: 25.0' ± feet (southwestern side ofproposed dwelling) Does the project involve excavation or filling? No X Yes If Yes, how much material will be excavated? 40± (cubic yards) How much material will be filled? 30 ± (cubic yards) Manner in which material will be removed or deposited: By Wical excavators &front-end loaders. Remainder by hand. 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): No impact to the wetlands are anticipated due to the minor size of the improvements within subject property,the utilization of siltation fencing and staked haybales during construction and the existence of other adjacent similar structures within neighboring properties which have not produced any apparent impact to the wetlands Consequently,we do not anticipate that these actions will have any form of impact to the surrounding wetlands Mar 10 10 01:56p p. 2 14-16-4(9/95)-Text 12 _ _ 617.20 SEAR PROJECT I.D.NUMBER Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1-PROJECT INFORMATION o be completed byA liewd or Project 1. APPUCANTISPONSOR 2. PROJECT NAME Suffolk Environmental Consulting,Inc. BAWALI LLC Property 3. PROJECT LOCATION: Municipally Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections,prominent landmarks,etc.or provide map) 1275 Cedar Point Drive West;Southold,New York 5. IS PROPOSED ACTION: ® New El Expansion ❑ ModificatioNal6eration 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to construct a two-story single—family dwelling(860 sq.ft.t`footprint'),stone driveway&sanitary system(surrounded by retaining wall @ 135'L t). 7. AMOUNT OF LAID EFFECTED: Initially acres Uldrnate acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑ Yes ® No If No,describe briefly The property is pre-existing/non-conforming with respect to land use restrictions. 9. WHAT IS PRESENT LAND USE W VICINITY OF PROJECT? ®Residential []Industrial ❑Commsr+cial ❑Agriculture ❑Park/Farest/Open space []Otter Describe: Private single family residences with related appurtenances. 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERMENT AGENCY(FEDERAL,STATE OR LOCAL)? ®Yes ONO If yes,list agency(s)and permWaPprovals Suffolk County Department of Health Services approval;Town of Southold approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes ®No If yes,list agency(s)and pemrillapprovais 12. ASA RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes 0 No I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE Appiicent/sponsor name:_MattD van —Suffolk Environmental Consultine.Inc Date: March 1.2010 Signature: N the action!sin the Coastal Area,and you area state agency,complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART 11- IMPACT ASSESSMENT To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAR Yes © No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. Yes 0 No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,If legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing trafiicc pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: FNo C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood chareder?Explain briefly. No C3. Vegetation or fauna,fish,shellfish or wildlife species,signitimrit habitats,or threatened or endangered species?Explain briefly: No C4. A community's existing plans or goals as offidaly adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly: No C5. Growth,subsequect development,or related activities likely to be induced by the proposed action?Explain briefly: No C6. Long term,short tern,cumulative,or other effects not identified In C1-05? Explain briefly: No C7. Otiter cts,indudi cha es in use of eflher uan. or of ene Iain No D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA EA? H Yes,expolain briefl MYes 0 No E. IS THERE,OR IS THERE LIKELY TO BE CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If ves explaln: Yes a No PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: Foreach adverse effect identified above,determine whether it is substantial,large,important.orotherwise significant. Each effect should be assessed in connection with its(a)setting(i.e.urban or rural);(b)probability of occurring;(c)duration;(d)irreversibility(e) geographic scope;and(f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed, if question d of part ii was checked yes,the determination of significance musteveluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have Identified one or more potentially large or significant adverse impacts which MAY occur.Then proceed directly to the FU EAF and/or prepare a posrdve,dedaration. Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed actio WILL NOT result In any significant adverse environmental impacts AND provide,on attachments as necessary,the reasons supporting thi determination. . Board of Trustees Name of Lead Agency Date Jill M. Doherty President Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Prepare—r Oklifferent from respo officer) Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street,P.O. Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President April 13,2010 Ms. Lauren Standish, Trustees Secretary Southold Board of Trustees Town Hall P.O. Box 1179 Southold,NY 11971 Re: Benali,LLC Property Situate: 1275 Cedar Point Drive West; Town of Southold,NY SCTM#: 1000-090-1-2 Dear Ms. Standish, With respect to the above referenced application,please fmd attached: (1) Original Affidavit of Mailing Notice(w/certified mail receipts), dated April 9, 2010. Kindly review and retain within your records. We will forward the green return cards as soon as we get them. Should you have any questions concerning this matter, please feel free to contact this office at any time. Thank you as always for your attention and consideration. Sincerely, r Diane K. Wassick ? Encl APR 1 4 2010 1; !, Cc: Benali,LLC J .. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: 1000-88-6-13.25 Christopher& Geraldine Broderick 880 Water Terrace, Southold, NY 1000-90-1-1 Mark& Christopher Broderick 1405 Water Terrace, Southold, NY 1000-90-1-3 Padogda Management, LLC 2228 N.E. 26"'Street Lighthouse, FLA 33064 1000-88-6-13.26 Robert Bridges 760 Water Terrace, Southold, NY 11971 STATE OF NEW YORK COUNTY OF NEW YORK Diane K. Wassick residing at 2322 Main St.; Newman Village Suite E; P.O. Box 2003; Bri g eham ton NY 1 32� being duly sworn deposes and says that on the q- _day of 4 ' 2010 , deponent mailed a true copy of the Notice set forth in the B rd of Trustees Application, directed to each of the above named persons at the addresses set opposite their 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 said Notices were mailed at the United States Post Office at Bridgehampton , that said Notices were mailed to each of said persons by(ce_rtified) (registered) mail. Sworn to fore me this day of 2010 tory Public Mat"�e- D hvans Notary: York 9 Quar, nty commis,,,,., _ a L aiy 22, 2011 t U.S. Postal Service • !FIED MAIL "ECE11"I Cc rU (Domestic Mail Only;No InsL -,e Coverage Provided) M r-3 = a. a For delivery information visit our website at www.usps.com- mMm �• Postal M m o- TIFIED MAIL,,,, RECEIPT M1N r�- r` Postage $ $0.44 r-q-1 (Domestic • • . Provided) Certified Fee $2.� Q�Q14 pTC\ ra 11 D 1 C7 O C] C3 Return Receipt Fee Postmark `' m ;1 p p C7 C3 (Endorsement Required) $2� Q pit rrHyye��re Er G C7 Restricted Delivery Fee Aril —9 LV I� q- PostageLis C C] p (Endorsement Required) $0.00 M prCC co cp CO Certified FeecC90 CC3 C3] O Total Postage&Fees $ $5•54 9t✓� S C7 Retum Receipt Feetmark2 U C] (Endorsement Required) ereSe To ��OQ �" Q' f ErC3 Restricted Delivery FeeC: C] C] Y-. ..._......4, 1Y 4Z. ZPjkt/. �Lj�-..... C] (Endorsement Required)C C7 C3 C7 eet, pt.No.; rr r_ oroxo. ------- -+-- - Total Postage&FeesCity Stafe Z%P+ - f. /. ----- -�•�----' C] JS�� PS Form 3800.ALIgUst 2006 See Reverse for Instructions C3 J 01 p— Lo � JJ �/� //!!��//p��J D o.; . SOO Reverse for ln� .. ,? t � C3 �_ r-- No. •. p stree.Apt.NO., ---- © r ��/��l�I�-- �2ZlP+4 - r- or PO Bax No. -�_---CiryStateZIP+4r1 �.. U.S. Postal Service,,., U.S. :�. Postal I CERTIFIED MAILT�., RECEIPT CERTIFIED MAILI,, RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) i Ln D� r • rCoverage Provided) informationrU For delivery • r� M 119 r,t L 04 Ir Postage $ $0.44 X-bPT�\. � Postage+$ $Q.44 H• o ra Certified Fee $2.$0 V. Certified Fee $2.$Q Q�Q2 rC'Ir Retum Receipt Fee ry 4T p�ere 2010 r3 Postmark (Endorsement Required) $2.30 Return Receipt Fee Here C3 C] (Endorsement Required) $2.30 Restricted Delivery Fee AM —9 2NU C3 (Endorsement Requ d) $0• t Restricted Delivery Fee U y C3 (Endorsement Requi $0.00 Total Postage&Fees $ $5.54 Q4/Q9 9 �' p $ $5.54 09(20 E:3 Total Postage&Fees 5 C3 X32 U 117 Sent T C:i / :O l cJ_ --- l.!![ fl y - C3 Sen To V cL.�------� C] Street,Apt.No.; r'- or PO Box No. y / C] pt.No.; --------Box- ° ! ------•--• (� or PO Box No. _ '//, �1 f� , ��-- City, tate, L. �c©[�.v....✓_.0 .A..G7 (L --•• �_. City,State ZIP+dam VGL PS Form :rr August 2006 See Reverse for Instructions PS Form r August 2006 See Reverse for Instructions Jill M.Doherty,President Town Hall,53095 Main Rd. James F.King,Vice-President P.O.Box 1179 Dave Bergen Southold,NY 11971 Bob Ghosio,Jr. y"�► Telephone(631)765-1892 m John Bredeeyer Ol �� Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of A,PR 2 2 2010 1 BENALI, LLC r COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ���aa ,residing at/dba suJ�� ,� 9atyitw,e.A" , &a>✓a rr vas being duly sworn, depose and say: That on the �06ay of ¢Yfil L , 2010, I personally posted the property known as by placing the Board of Trustees officia 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 hearing. Date of hearing noted thereon to be held Wed.,April 21,2010 on or about 6:00 PM. Dated: signature) Sworn to before me this arl'day ofjWa 2 N ary ublic Matthew D. (vans Notary Public of New York No. olIV6053859 Qualified in Suftolk Co"72 20 Conimlission Expires January 22 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus,the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 090 - 01 - 002 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: Nature and extent of action: Applicant proposes to construct a single—family dwelling (860 sq ft +"footprint"), stone driveway&sanitary system (surrounded by retaining wall(@ 135'). Attach additional sheets if necessary Location of action: 1275 Cedar Point Drive West; Southold,New York Site acreage: 0.165 acre± Present land use: Vacant Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: BENALI,LLC (b) Mailing address: 11499 Bellagio Road; Los Angeles, CA 90049 (c) Telephone number: Area Code (310) 880- 6000 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ® No❑ If yes, which state or federal agency? NYSDEC DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. ® Yes ❑ No ❑ Not Applicable As indicated within Policy 1, "Development that does not reinforce the traditional land use pattern of the Town of Southold would result in a loss of the community and landscape character of Southold.", this project is a proposal to develop a vacant parcel in an almost entirely developed neighborhood. The proposal, as designed, will not result in any adverse effects to the surrounding environment in that the project will be situated as far landward as possible without reauirina a substantial Zonina Variance, and will be served by a coded sanitary system. Again, the surrounding neighborhood is comprised of older residential dwellings which have existed harmoniously within this area for years and have not resulted in any form of adverse effects to the surrounding environment. Accordingly, we believe that this project is consistent with this policy. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Policy 2 is not applicable in that subject lot and the surrounding neiahborhood cannot be deemed a substantial historic and/or archaeological resources. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 5 through 7 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Subiect proposal will not adversely impact the visual auality of the surrounding area in that the subject property is currently vegetated and does not offer any form of scenic resource (i.e., views of West Lake), In addition, the neighborhood itself is comprised of similarly sized properties, improved similarly to that which is proposed for many years, and which also have not resulted in any form of adverse impacts to the surrounding area. Furthermore, this policy could not preclude both the legal creation of this property as a building lot, or the proposed structures thereon, which are proposed as far from West Lake as possible without reauirina a substantial Zoning Variance. Therefore, we feel that the instant pr000sal fully complies with this Policy. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures,and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ® Yes ❑ No ❑ Not Applicable The proposed dwelling will adhere to all applicable FEMA Elevation Reauirements. The shoreline of the subject parcel is substantially vegetated thereby limiting erosion potential. Additionally, the existing development surrounding West Lake has not been adversely impacted by flooding or erosion. Therefore, we feel that the instant proposal fully complies with this Policy. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Subiect proposal will comply with Policy 5 in that a coded sanitary system is proposed to be installed thereon, and at the maximum allowable distance from West Lake. Additionally, public water is to be utilized. Moreover, the existing surrounding development has not caused an adverse impact to water quality or supply in the Town of Southold. Therefore, we feel that the instant proposal fully complies with this Policy. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Subject pr000sal will comply with Policy 6 in that a coded sanitary system is proposed to be installed thereon, and at the maximum allowable distance from West Lake. Additionally, public water is to be utilized. Moreover, the existing surrounding development has existed harmoniously with the surrounding_ ecosystem for many years without resulting in adverse environmental impacts. Therefore, we feel that the instant proposal fully complies with this Policy. Attach additional sheets if necessary Mar 10 10 01:57p • p.4 Policy 7.Protect and improve air quality in the Town of Southold.See LWRP Section III-Policies Pages 32 through 34 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Policy 7 is not sooiicable in that the proposal will be for the construction ofa single family dwelling with related appurtenances thereon which will not result in any form of adverse effects to air quality. Attach additional sheets if necessary Policy&Mini mire environmental degradation in Town of Southold ftem solid wase and hazardous substances and wastes.See LWRP Section III—Policies;Pages 34 through 38 for evaluation criteria. ® Yes ❑ No ❑ Not Applicable Only typical residential construction debris will result from the implementation of this proiect. Coneuentiy the instant proposal will fully oml&with this Poricv Attach additional sheets if necessary PUBLIC COAST POLICIES Policy 9. Provide for public access to,and recreational use of,coastal waters,public lands,and public resources of the Town of Southold. See LWRP Section III—Policies;Pages 38 through 46 for evaluation criteria ❑ Yes ❑ No ® Not Applicable PgRo 9 is not applicable In that the proposal will not impede any access to the surface waters in and around sul21ect propedy and/or become detrimental to the recreational use of the surrounding resources. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III—Policies;Pages 47 through 56 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Policy 10 is not applicable in that the proposal does not involve a water-de endent use(i.e.marina oauacuiture.etc...). Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound,the Peconic Policy 11. Promote sustainable use of living marine resources in Long Island Sound,the Peconic Estuary and Town Waters. See LWRP Section III-Policies; Pages 57 through 62 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Policy 11 is not applicable in that the proposal does not involve any form of marine resource management(i.e. commercial fisheries, recreational fisheries, aquaculture, etc...). Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III-Policies;Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Policy 12 is not applicable in that the proposal does not involve agricultural lands(i.e. the conversion of farmland, the establishment and/or maintenance of new coastal agricultural production, etc...) Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Policy 13 is not applicable in that the proposal does not involve the conservation of energy resources on a commercial level and/or the promotion of alternative energy sources, proper maintenance of fuel storage facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Suffolk Environmental Consulting, Inc. Newman Village, Suite E,2322 Main Street,P.O. Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President '' 11 Via Federal Express ;' i' March 3, 2010 = q 5 tP'b:lc i,. A Mr. Jill Doherty, President Board of Trustees '-- Town Hall P.O. Box 1179 Southold,NY 11971 Re: BENALI,LLC Property Situate: 1275 Cedar Point Drive West;Southold,New York SCTM#: 1000- 0090—01 -002 Dear Mr. King, This Firm represents BENALI, LLC, owners of the above referenced property, who wish to improve thereon. In that the property is burdened by wetlands, approval from your Board is required. Please find attached: (1) Town of Southold Trustees Wetlands Permit Application(original and two [2] copies); (2) Short Environmental Assessment Form (original and two [2] copies); (3) Local Waterfront Revitalization Program application (original and two [2] copies); (4) Location Map for reference (three [3] copies); (5) Survey of subject property, prepared by jOHNC. EHLERS,LAND SURVEYOR, last dated March 1,2010, indicating the existing and proposed conditions thereon (three [3] prints); (6) Copy of the original Town of Southold Building Permit(No. 3587), issued on August 28, 1967,to"Build new one family dwelling."; Hammarth/ 0 0 2 (7) Copy of the original Town of Southold Board of Trustees Wetlands Permit (No. 6325),issued December 12, 2007,for construction of a dock assembly, launching rail,gazebo/storage shed and parking area thereon;and (8) Check made payable to the Town of Southold in the amount of$250.00 covering the requisite application fee. By way of this correspondence, and on behalf of BENALI, LLC, I request that you commence review of this application and schedule before the next available Trustees Board meeting for subsequent permit issuance. Should you have any questions regarding this matter, or require additional information, please feel free to contact this office at any time. Thank you in advance for your cooperation. Sincerely, Matt D. Ivans \ enc.