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HomeMy WebLinkAboutShannon, Joan / �''!, SOU- John M.Bredemeyer III,President ,S $' l Town Hall Annex Michael J.Domino Vice-President ��� 54375 Route 25 ' '''' ` P.O.Box 1179 Glenn Goldsmith Southold, New York 11971 A.Nicholas Krupski G ` '*, 5` P ► �O �� Telephone(631) 765-1892 t�C�U� ���� Fax(631) 765-6641 Charles J.Sanders � BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 16, 2016 Joan Shannon P.O. Box 151 Laurel, NY 11948 RE: 7080 GREAT PECONIC BAY BLVD., LAUREL SCTM# 1000-126-11-7 Dear Ms. Shannon, Enclosed please find a copy of my June 25, 2015 letter to your then attorney, Patricia C. Moore, outlining the central issues relating to permit requirements for any proposed operations on your property located at 7080 Great Peconic Bay Boulevard in Laurel. Since three members of the Board of Trustees are not familiar with your property; two recently elected and the third on military leave and not present when the Board last visited your property, you may wish to consider my prior communication in light of your current needs and draw up specific questions you have and present them to the Board at a Pre-Submission Inspection to help you and the Board discern what permits you may wish to pursue in the future. - Please feel free to schedule a Pre-Submission Site Inspection through the Trustee Office at 765-1892. Very Truly Yours, /3 4 John M. Bredemeyer Ill, President Board of Trustees cc: Stephen Kiely Board of Trustees enclosure: Letter of June 25, 2015 i s Oat John M. Bredemeyer III, PresidentO�� Town Hall Annex 54375 Main Road Michael J.Domino,Vice-President �t 411 P.O.Box 1179 James F.King,Trustee „? Southold, New York 11971-0959 Dave Bergen, Trustee aQ r Telephone (631) 765-1892 Charles J. Sanders,Trustee _ �COU 1��.416°. Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 25, 2015 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: JOAN SHANNON 7080 GREAT PECONIC BAY BLVD., LAUREL SCTM# 1000-126-11-7 Dear Mrs. ores This letter will confirm your meeting with the Board of Trustees at the Joan Shannon property at SCTM #1000-126-11-7 in Laurel on May 13, 2015 for a pre-submission field inspection. As promised at that time, I would get back to you with an issues list for items the Board would like to see addressed in a Wetland Permit Application. The Board wants to thank you and the Shannon's for the work on the Non-Turf-Buffer. However, we believe that there is a genuine misunderstanding with respect to a buffer only behind the upper deck. The Board intended that the term "next to the upper deck" as a general location descriptor for a buffer in the "upper" lawn area (where buffers typically run full property width) as opposed to "behind the bulkhead". We appreciate the good faith shown with the buffer constructed to date and recognize that the language could have been neater...additions or changes to the buffer can be addressed in the context of the permit application. 1. Your Memorandum of Law appears to contain an error when you state that Wetland Permit#7384 dated 6/24/13 was amended. That application was formerly withdrawn on 7/19/13 and never granted an amendment. 2. For the purposes of future permitting discussions the Board considers the following structures non-functional, requiring demolition and possible replacement should the Shannon's want to include such structures in a permit 1-- application: application: lower deck and shower stall. Similarly, the Building Department review of the Wetland Application dated 12/9/13 opined these structures would be considered demolished and need ZBA approval in addition to Trustee's. To be consistent, any new application for a permit will require review by the Building Department and ZBA. • 3. The Board noted at least five (5) tiers of retaining structures on our May 15th visit (not counting the approved bulkhead) that were constructed without a Town Wetland Permit. Any future application must apply to secure a permit for all such structure(s) as functional soil retentive units that logically complement each other and do not have any gaps in coverage. 4. The Board recognizes that the "upper deck" is a preexisting and nonconforming structure that received a Wetland Permit#7384, to stabilize it as it appeared functional at that time. A detailed description of how any new construction will proceed without demolishing it would be helpful. 5. As you are aware, the Board prefers decks associated with bulkheads and bluffs to be less than 200 square feet in size, abiding also with the standards in the Wetlands Code (Chapter 275) limiting platforms associated with stairs to no greater than 100 square feet. The deck square footage underlying the shower stall shall be considered as part of the omnibus review of deck coverage for all such areas seaward of the house. Thank you for the opportunity to meet with you in the field. I hope this communication provides the necessary information to formulate a successful Wetland Permit Application. Please do not hesitate to contact this office if you have any questions. Sincerely, A i ohn M. Br emeyer III President, Board of Trustees CC: Lori Hulse, Asst. Town Atty. Building Department Zoning Board of Appeals . tay r aK •yJ `rl�h� * At #s i . " ,wy ' + ts * may; •'‘-• ,TR / y> r f v 'R ..y r • $‘44,, , . •_... .4i.,•-,••'....,,,--,"'*-4--• :- .7. .7., ' .. '2' .- AR .4 .•4F '.. .1 :. 1 '.'. - —4',; ' -. :4' ''''' 4.:4- ''` - ...-4:; ' t. to • • A 1. #i-+A.i 41...x , ., Tw ri z r I r1, `* 4 .fl' ,” . ,--if . . A ti* ' M" eb, - r. • ti 4 .. ‘ , II _ i I\ \ \ . _.... A a f 2 ; y itf 0 di Y F. ,,����f , . {� .ter � r,P..:"r'I I 1�7 X 4 a _ iw1. .r f. a 1 - _ .or 5ivoNTvg,' 6 )m g* i r w l y r - . . 9-. 1,i yjfelt r+'SP +`+r ♦ kM.. 1 f r„* _ . _ _ r - - - r r • • 1a ' at a it y .. ♦r5 `r • .i i' fit . ,motif'-•- $$ r r 'A - ".'s • . John Bredemeyer, PresidentgtiFOL Town Hall Annex Michael J. Domino, Vice-President ,°°�° �cO°y� 54375 Route 25 James F. King y P.O. Box 1179 Charles J. Sanders :� 41/ Southold, NY 11971 Dave Bergen -= �1 * -a°00 Telephone (631) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: /09y ) y JAI / VI Patricia C. Moore, Esq. on behalf of JOAN SHANNON requests a Pre-Submission Inspection for the structures within Trustee Jurisdiction. Located: 7080 Great Peconic • Bay Boulevard, Laurel. SCTM# 126-11-7 MEET WITH PAT MOORE — office: 765-4330 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound 11113ay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: Lhapt.275 Chapt. 111 other Type of Application: Wetland Coastal Erosion Amendment Administrative Emergency II/Pre-Submission Violation Notice of Hearing card posted on property: Yes No Xot Applicable Storm Water Management Review: Yes No V-Not Applicable Info needed: , tat: cc-®,5a4 V esk2 'Y /77. Modifications: Conditions: Present Were: el Bredemeyer 44A. Domino Kin =r G" Y'RSF an ders• D. 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Sctm: 1000-126-11-07 Premises: 7080 Peconic Bay Boulevard, Laurel Dear President Bredemeyer: With reference to the above,please let this serve as pre-submission inspection as per my previous communications with Assistant Town Attorney, Lori Hulse. My client's check in the amount of$50.00 is attached. Thank you. Very truly yours, • a ricia C. Moore PCM/bp ends. board of Trustees Application AUTHORIZATION (where the applicant is not the owner) JOAN SHANNON, as owner of premises, 7080 Peconic Bay Blvd., Laurel,New York (sctm: 1000-/ a-4/- 7 ) residing at 7080 Peconic Bay Blvd., Laurel,New York New York do hereby authorize my attorney, Patricia C. Moore, to apply for permit(s) and appear before the Southold Board of Town Trustees on our behalf. '/ If, (Owner's signature) Hulse, Lori From: Hulse, Lori Sent: Tuesday, April 21, 2015 12:03 PM To: pcmoore@mooreattys.com Subject: FW: Shannon-7080 Great Peconic Bay Boulevard We've looked at and discussed the Shannon permits and remaining issues. I recommend a pre-submission inspection by the Trustees regarding the repair work. Lori From: Hulse, Lori Sent:Tuesday, September 16, 2014 10:02 AM To: 'pcmoore@mooreattys.com'; Joan Shannon Cc: Cantrell, Elizabeth; Nunemaker, Amanda Subject: RE: Shannon- 7080 Great Peconic Bay Boulevard Pat, You've misunderstood my position. Any structure on the property that does not have a permit and is within the jurisdiction of the Trustees may be required to be included in the application. The argument in your memorandum was the retaining wall, and that was the focus of my response. Please let me know if I can be of further assistance. Lori From: pcmooreCa>mooreattys.com [mailto:pcmoore(amooreattys.com] Sent;Tuesday,-September_-16,_2014-9:48 AM _- -. . .._.._ To: Hulse, Lori; Joan Shannon Cc: Cantrell, Elizabeth; Nunemaker, Amanda Subject: RE: Shannon- 7080 Great Peconic Bay Boulevard Hi Lori: The retaining wall has not been repaired yet (to my knowledge). The letter dated August 18, 2014 saying that "all the structures" have to obtain permits is inaccurate. The only structure which needs a wetland permit, taking your position, is the retaining wall. Therefore the retaining wall should be the only issue before the Trustees. Given that this retaining wall has been part of the improvements of the property for the last 20+ years should not be controversial and is necessary to protect the property from damage. Denial would be arbitrary &capricious. Thank you for reviewing the file. Pat PATRICIA C. MOORE physical& mailing address 51020 Main Road Southold NY 11971 tel # 631.765.4330 fax # 631.765.4643 www.mooreattys.com 1 Original Message Subject: RE: Shannon- 7080 Great Peconic Bay Boulevard From: "Hulse, Lori" <Tori.hulse@itown.southold.ny.us> Date: Tue, September 16, 2014 9:36 am To: "pcmoorec mooreattys.com' <pcmoore@ imooreattys.com> Cc: "Cantrell, Elizabeth" <elizabethcCa�town.southold.ny.us>, "Nunemaker, Amanda" <Amanda.Nunemaker@atown.southold.ny.us> Pat, I reviewed your letter dated July 3 and the memorandum. I would make the following points: • the repairs to the retaining wall due to damage from Sandy did require a permit, as the retaining wall was not previously issued a Trustee permit, therefore was"unpermitted." Any repair work was unauthorized by the Board. • structures are not rendered "legally permitted" because they pre-existed the Code. Your statement that a "permitted" structure is one for which the Board has granted a permit is true. However no permit has been issued for the retaining wall on this property. The retaining wall is,therefore, not a legally permitted structure. • the fact that the retaining wall appeared on one or more surveys/photos does not estop the Trustees from requiring a permit for the structure. • a prior Board not requiring an application to include the retaining wall does not preclude this Board from reviewing the structure. The fact that the applicant is proposing repair work on the retaining wall makes it necessary, as work done without a permit from the Board would constitute a violation of the Code. Lori M. Hulse Assistant Town Attorney • Town of Southold (631)7654939 - - From: pcmoore©mooreattys.com [mailto:pcmoore(amooreattys.com] Sent: Monday, September 15, 2014 9:56 AM To: Hulse, Lori Subject: Shannon- 7080 Great Peconic Bay Boulevard Hi Lori: As you may recall I called you on August 28th regarding the Trustees letter telling us "that a wetland application for all structures within their jurisdiction is to be submitted"...after I sent them a detailed letter & memorandum of law listing every Trustee permit which they issued...Sandy damaged a "retaining wall" all the other permitted structures are in place. Repairs are permitted to "permitted structures"Can we please avoid litigation? Please review the file. Pat PATRICIA C. MOORE physical& mailing address 51020 Main Road Southold NY 11971 tel # 631.765.4330 fax # 631.765.4643 www.mooreattys.com 2 Hulse, Lori From: pcmoore@mooreattys.com Sent: Wednesday,April 15, 2015 10:20 AM To: Hulse, Lori • Cc: William Moore;Joan Shannon Subject: replace "sandy storm damaged" retaining wall Hi Lori: I have the following facts and wish to avoid a law suit so maybe you can "reason" with the Trustees: My client, Joan Shannon, purchased her house located at 7080 Peconic Bay Boulevard, Laurel in 1997 (1000-126-11-7): All existing structures have Trustees Wetland Permit....prior code did not require applicants to list every existing structure to obtain a wetland permits (so presently the only existing structure which was never replaced is the existing retaining wall...but this structure is shown on every "permit application" listed below: 2004: Permit #6045 New Bulkhead- Trustees condition of drywells added to house & beach grass to restore eroded area 2007: Permit #6778 (same work of permit#6045 which expired) 2010 Permit #7273 cc#0666C 2010 Permit 7384 for 6 new pilings; tie rods &turn buckles to existing decks (at top of bank) & bulkhead to be made plumb &straight 6/24/13 Amended Permit 7384 to repair ALSO lower decks (on bank)...total lower decking 1,800 sq.ft. Condition of above permits: Filed C&R's for "non-turf buffer between lawn area & UPPER DECK....done. 7/10/13: Sandy Stormdamageto-existing-retaining-wall....Joan requested to-restore-&-r-econstruct----------- retaining wall: since it was existing should have been a simple "administrative permit"....she was told to get a FULL wetland permit. Suffolk Environmental applied and during the hearing the Trustees wanted her to remove the existing decks which were permitted, were not beeing replaced and she had invested over $30,000 in 2010 with Tie Rods &Turn Buckles...Suffolk Environmental WITHDREW the application because the Trustees were requiring her to remove existing & PERMITTED structures as a condition to a "storm damage" existing retaining wall. I was retained, reviewed all the permits and the Wetland Code, and I asked the Trustees to recognize that the retaining wall appears on every application (existing structure) and under the Trustees previous wetland code "procedures" wetland permits were only required for the particular structure to be "replaced"....the retaining wall was preexisting (and conforming). The one paragraph letter I received from the Trustees states: :The Board of Trustees have determined that a Wetland Permit application for all structures within the jurisdiction of the Board of Trustees is to be submitted pursuant to Chapter 275 of the Town Code" this letter did not address the issue. The letter tells us to apply for all structures....that is INCORRECT. My client is willing to apply for a permit to replace the storm damaged retaining wall BUT that is the only structure which ARGUABLY requires a permits. She will not remove permitted structures as a condition of replacing an existing retaining wall which protects her property and adjacent properties. If I misinterpreted the Trustees August 18, 2014 letter, could you please clarify. Thank you for your help. Pat 1