HomeMy WebLinkAbout1000-81.-3-7 OFFICE LOCATION: ®��,�®g S® sY®� MAILING ADDRESS:
Town Hall Annex ® P.O.Box 1179
54375 State Route 25 ! Southold, NY 11971
(cor.Main Rd. &Youngs Ave.)
Southold, NY 11971 ® Telephone: 631 765-1938
a
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
To: Glenn Goldsmith, President
Town of Southold Board of Trustees
From: Mark Terry, AICP
LWRP Coordinator
Date: November 14, 2023
Re: LWRP Coastal Consistency Review for THOMAS BARNARD
SCTM# 1000-81-3-7
The Zoning Board of Appeals issued a determination (7727) on this action in February 2023.
Patricia Moore, Esq. on behalf of THOMAS BARNARD requests a Wetland Permit for the as-built
3'x16' steps to a 13.8'x16.6' wood deck at top of bulkhead with 3'x6' steps to the beach; existing
29.9'x23.6' seaward side deck attached to dwelling with 8.2'x5.5' steps to ground set into the deck;
existing 2,500sq.ft. dwelling with attached 24.3'x36.3' garage and as-built east side entry with 3'x3'
wood platform and steps to ground; existing 5'x12' outdoor shower on top of 45' long by 4'-5'
(variable width) decking along east side of dwelling; existing 19' x 6' and 45'x 6' covered
walk/breezeway from dwelling to garage. Located: 4240 Paradise Point Road, Southold. SCTM#
1000-81-3-7
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the
Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. Based upon the information provided on the LWRP Consistency Assessment Form
submitted to this department, as well as the records available to me, it is my recommendation that
the action is INCONSISTENT-with LWRP policy 6.3.
Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its
written determination regarding the consistency of the proposed action.
Cc: Honorable Lori Hulse, Attorney
Town of Southold RECEIVE
LWRP CONSISTENCY ASSESSMENT FORM NOV 0 S 2023
A. INSTRUCTIONS Southold Town
Planning Board
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 si gificant
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" or "no", then the proposed action will
affect the achievement of the LWRP policy standards and conditions contained in the consistency
review law. Thus, each answer must be explained in details listing both.supporting and non-
supportine facts. 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# 81. �,3 _7
PROJECT NAME Thomas Barnard
The Application has been submitted to(check appropriate response):
Town Board ❑ Planning Board❑ 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:
see attached
all existing structures .
Project Description-Thomas E. Barnard
4240 Paradise Point Road,Southold
1000-81-3-7
The owner applied for a rental permit and some existing improvements made by the prior owner
require a building permit. In order to get a building permit an application to the Zoning Board was
submitted. The Zoning Board granted approval for.all:the "as built"structures(see attached plans and
decision). The existing structures and alterations to the structure pre-date Trustee's jurisdiction and
Were constructed without requiring Trustee's permits. Because a.building-permit'is now required, a
Trustees permit for the existing structures is requested. All the existing structures pre-date 2004.
Prior to obtaining a building permit a Trustees permit is required for the existing structures under the-
current Town Code 275.
• Existing (3' is 16') steps to a 13.8 x 16.6 wood deck at top of bulkhead and 3'x 6'steps to the
beach .This work was done when the bulkhead was replaced in 1993 (Trustees permit#4136).
The existing deck was built landward of the bulkhead but is not shown on the bulkhead plans. .
Almost every waterfront parcel on all the neighbor's properties have similar decks landward of.
the bulkhead. The neighbor's decks landward of the bulkheads received Trustees permits if they
were constructed after 2003. Some of these decks required variances and some.did not.
• An existing wood deck attached to the rear of existing house 29.9 x 23.6 with 8.2 x 5.5 steps set
into the deck. The original deck design on the plans in 1993 were modified during construction
and the building permit for the modified design is required.
• existing house.@2,500 SF with an attached garage-additions and alterations made in 1992
(Building Permit#20191)and interior alterations made thereafter..
• An interior conversion of an existing enclosed covered porch on the east side of the.house 10'x
10' made part of living area of house in 2011 needs a building permit.
existing outdoor shower(fence enclosure) on east.side of house built 1989 (Building permit,
#18519)
• Drywells in the front yard,if required for the existing structures.
• Alterations to 11.9' x 13'connection between garage and house.(in the front yard)
•. An existing egress with a 3'x 3' landing with stairs to grade and vestibule on the east side of the
house.
Location of action: 4240 Paradise Point Road, Southold
Site acreage: 49,658
Present land use: House,garage, decks and bulkhead
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. Thomas Barnard
(b) Mailing address:_4240 Paradise Point Road
Southold NY 11971
(c) Telephone number: 860-874=7809
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?
C. Evaluate the project to the following policies by analyzing how the project will further support or
not support the policies. Provide all proposed Best Management Practices that will further each policy.
Incomplete answers will require that the form be returned for completion.
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.
aYes ❑ No ❑ Not Applicable
house is existing and alterations made to the existing house made by prior owner require a buildingpermit
bulkhead.replaced in 1993 and the deck landward of the bulkhead was added to the staircase.
ZBA granted the requested variances for all of the structures. Trustees permit is required
for the building permits for the existing structures and their alterations. LWRP determination was made for the ZBA variance and
the ZBA found that by issuing the variance and the owner obtaining the required permits the project is consistent with the LWRP policies.
Attach additional sheets if necessary
Policy 2. Protect and. preserve historic and archaeological resources of the. Town of Southold. See
LNW Section III—Policies Pages 3 through 6 for evaluation criteria .
❑ Yes ❑ No ✓❑ Not Applicable
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 6:through 7 for evaluation criteria
✓❑ Yes ❑ No ❑ Not Applicable
improvements made of the property enhance the neighborhood
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
all structures-are existing and no change is proposed
Attach additionai sheets if necessary77
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP SectionTH
Policies Pages 16 through.21 for evaluation criteria
❑ Yes ❑ No WiNot Applicable
ttac — -
ihona s eets 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:
7 Yes —]No ❑ Not Applicable
all structures approved by the ZBA and building permits required.
Trustees permit is required for the building permit even though there are no proposed changes to the.
existing structures built prior to Trustee's jurisdiction
Attach additional sheets.if necessary
.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 W] Not Applicable
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in.Town of Southoldfrom solid waste and hazardous
substances and wastes: See LWRP Section III—Policies; Pages 34 through.38 for evaluation criteria.
0 Yes No ❑✓ Not Applicable
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. . ..
❑ Ye❑ No❑✓ .Not Applicable
Attach additional sheets if necessary .
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See LWRP Section III-Policies; Pages 47 through 56 for evaluation criteria.
❑Yes ❑ No ✓❑ Not Applicable
Attach additional sheets if necessary
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
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
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
PREPARED BY Patricia C. Moore TITLE Attorney DATE $-7-23
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PO Box 92,Southold,NY 11971
_ KADE FE. EXIST. DECK 1491
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(1) U'IAUTHORIZED ALTERATION OR ADDITION TO THIS SUPVEY MAP BEARING A LICENSED LAND SURVEYOR'S SEAL 15 A VIOLATION OF SECTION 7209. SUB-DIVISION 2, OF NEW YORK. STATE EDUCATION LAW (2) ONLY BOUNDARY SURVEY MAPS WITH THE SURVEYOP'S EAQ?OSSED SEAL APE GENUIN: TRUE AND CORRECT COPIES OF THE SURVEYOR'S ORIGINAL WORK AND OPINION. (3) CERTIFICATIONS ON THIS BOUNDARY SURVEY MAP SIGNIFY THAT THE MAP WAS PREPARED IN ACCORDANCE WITH THE CURRENT EXISTING CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW YORK STATE
W ASSOCIATION OF PROFESSIONAL LAND SURVEYORS, INC. THE CERTIFICATION IS LIMITED TO PERSONS FOR WHOM THE BOUNDARY SURVEY MAP IS PREPARED, TO THE TITLE COMPANY, TO THE GOVERNMENTAL_ AGENCY, AND TO THE LENDING INSTITUTION LISTED ON THIS BOUNDARY SURVEY MAP. (4)THE CERTIFICATIONS HEREIN ARE NOT TRANSFERABLE. (5) THE LOCATION OF UNDERGROUND IMPROVEMENTS OR ENCROACHMENTS ARE NOT ALWAYS KNOWN AND OFTEN A9JST BE ESTIMATED. IF ANY UNDERGROUND IMPROVEMENTS OR ENCROACHMENTS EXIST OP ARE SHOWN THE IMPROVEMENTS OR
F- ENCROACHMENTS ARE NOT COVERED BY THIS SURVEY. (6) THE OFFSET (OR D'VENSIONS) SHOWN HEREON FROM THE STRUCTURES TO THE PROPERTY LINES ARE FOR A SPECIPC PUPPOSE AND USE AND THEREFORE ARE NOT INTENDED TO GUIDE THE ERECTION OF FENCES, RETAINING WALLS, P)OLS, PATIOS PLANTING AREAS, ADDITIONS TO BUILDINGS, AND ANY OTHER TYPE OF CONSTRUCTION. (7) PROPERTY CORNER MONUMENTS WERE NOT SET AS PART OF THIS SURVEY. 8 THIS SUPVEY WAS PERFORMED WITH A TRIMBLE S8 ROBOTIC TOTAL STATION. 9 THE EXISTENCE OF RIGHT OF WAYS
z AND/OR EASEMENTS OF RECORD IF ANY, NOT SHOWN ARE NOT GUARANTEED
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