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HomeMy WebLinkAbout1000-145.-2-7 OFFICE LOCATION: � MAILING ADDRESS: Town Hall Annex "�� P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone: 631765-1938 Southold, NY 11971 ��,.. ,� 0�, LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Glenn Goldsmith, President Town of Southold Board of Trustees From: Mark Terry, AICP LWRP Coordinator Date: May 8, 2025 Re: LWRP Coastal Consistency Review for RICHARD & KATHLEEN O'TOOLE& ERIN DOHERTY SCTM# 1000-145-2-7 En-Consultants on behalf of RICHARD & KATHLEEN O'TOOLE & ERIN DOHERTY requests an Administrative Permit for the as-built, in-kind/in-place reconstruction of 10.4 x 26.2' attached deck, with new 5'x26.1' steps in place of previously existing semi-circular seaward deck protrusion and two sets of steps. Located: 760 Peconic Bay Boulevard, Laurel. SCTM# 1000-145-2-7 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 as-built structures are INCONSISTENT with LWRP Policies and with the LWRP. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction I. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The as-built structures were constructed without a Wetlands Permit. If the action is approved, it is recommended that the buffer be vegetated to further policy 6. 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 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS l. 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 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 detail, listing both supporting and non- supportin2 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),-tlie Board of Trustees Office,the Planning Depart ment,-all-local- ------ - - - libraries and the Town Clerk's office. M(asow�D B. DESCRIPTION OF SITE AND PROPOSED ACTION MAY 0 5 2025 SCTM# 145 - 2 _ 7 SOl1,TNOLD TOWN PLANNING BOARD PROJECT NAME Richard and Kathleen O'Toole&Erin Doherty The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees 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: As-built,in-kind/in-place reconstruction of 10.4'x 26.2'attached deck,with new Tx 26.1'steps in place of previously existing semi-circular seaward deck protrusion and two sets of steps,as depicted on the survey prepared by Scalice Land Surveying,last dated March 11,2025. Location of action: 760 Great Peconic Bay Boulevard,Laurel Site acreage: 26,376 sf Present land use: Residential,one-family dwelling. 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: Richard and Kathleen O'Toole&Erin Doherty (b) Mailing address: 55 Locust street Floral Park,NY 11001 (c) Telephone number: Area Code 516-352-0685 _- - ---(d) Application number if any: 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. ❑Yes ❑ No ® Not Applicable 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 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 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 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 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 Approval is sought for an existing attached waterside deck,which was reconstructed in place of a previously existing,aging deck that was present at the time the applicant purchased the property in 2023.Based on aerial photographs,the previously existing deck was constructed prior to 2007,at least 16 years prior to the applicant's purchase. And based on a survey dated March 11,2025,the deck maintains the same dimensions as the prior deck and remains set back the same 50-foot distance from the bulkhead, based on a 2023 survey of the previously existing deck.A comparison of the two surveys shows the only material change to the deck was the construction of a single set of 5-8 wide steps in place of what was a semi-circular seaward protrusion of the deck and two sets of steps.As the reconstructed deck thus essentially maintains the same deck footprint that has existed for at least 18 years,and a 17-foot wide non-turf buffer was recently required as a special condition of recently issued Wetlands Permit No. 10725,maintenance of the deck will have no adverse impacts on the quality or function of the adjacent tidal wetland ecosystem,consistent with Policy 5. 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® Not Applicable 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 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 FIN o® 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 BY1A_,______TITLECoastal Management Specialist DATEMarch 27,2025 Robert E. Amended on 811105 SYMBOL LEGEND EI MONUMENT FND ® MANHOLE TEST HOLE 0 I.P. /I.B. FND 'A'-INLET is TREE I.P. /I.B. SET 'B"-INL-T a SHRUB * 055 SPOT ELEVATIONS ® YARD INLET 0 BOLLARD c0b UTILITY POLE YARD INLET A WETLAND FLAG >— GUY WIRE ® ELECTRIC METER CANT. CANTILEVER UTILITY POLE W/LIGHT ® GAS METER FE.FENCE LIGHT POLE IWI WATER METER MAS.MASONRY SIGN pd GAS VALVE PLAT.PLATFORM �- PVC FENCE(PVC) Wv W.W.WINDOW WELL E3 STOCKADE FENCE(STK) M WATER VALVE B/W BAY WINDOW —'� CHAIN LINK FENCE(CLF)0/H OVERHANG C/E CELLAR ENTRANCE WIRE FENCE R/O ROOF OVER FIRE HYDRANT D.C.DEPRESSED CURB Z A/C UNIT ® CROSS CUT G.O.L. GENERALLY ON LINE STAKE 0/L ON LINE R.O.W.RIGHT OF WAY a� FM LOT 2 ./ry 3I. TAX LOT 8 SDRV //°53 rOQrr� ASPHALT S1K FEN \ q G�A��A� 1 5'WOOD FEN. , \ 2.1'__ ——— — — —— —— —DRIVEWAY _ 0.1' —— — .1' 2 ^3.$.3' 1 6' OCKADE FND. MFND ON. Qa95.2Y M RV — B RBR. w QVG + STK ��S BLDG 0 4'STOCKADE FEN 4'WO D a Y i•I ,U9 FEN FEN�4'STOCKAD FEN 6.6 E2 FEN. 0.1'} 2 '2\ 0.3' FF�, 1.3' o \ 1 0 5 W Z 0.3' 3.1' FFN• 1.4' 19�5' 7. 0 2 2'\0 1 7-52.8 E N\ Z W 3 0 B LDING BRICK p3 7 W 7a N\ FRAMF�Rrp�E\N \\ \ b N G 2 0\ s SHOWER \ a ,,�. ,0• 10.3 \229' p \\ D\; �Z m \ x N FM LOT 3 so 1 ST, R\ W„ m o . 0 _ 0' \ E RESD �o�+ NTAX LOT 7 1�� �, R1° � ,.. yN 10 ❑ 0 0 '0.4'O ` cli Q j� - • <- GENERATOR WOOD FEN. �O \ I1Y�0°��Ir3�rr DRV ;0.5' 26'� 4 GRAVEL I 3.2'j W \ I DRIVEWAY I FM LOT 4 TAX LOT 6 1•� r I LAUREL LANE GRAPHIC SCALE LOT AREA 26.376.89 S.F. 40 O 20 40 0.61 AC. GUARANTEED TO: ❑� RICHARD L. OTOOLE AND KATFILEEN D. OTOOLE, HUSBAND AND WIFE ERIN DOHERTY 4 03 11 2025 REVISED SURVEY MC JTS �i IN FEET ) FIDELITY NATIONAL TITLE INSURANCE SERVICES; 3 02 28 2025 UPDATED SURVEY MC JTS 1 inch = 40 ft. 2 12 19 2023 REVISED SURVEY MC JTS 1 12 15 2023 UPDATED SURVEY MC JTS REV DATE DESCRIPTION BY CHK OF NEW SURVEY OF PROPERTY �'� TAX MAP NO. 760 PECONIC BAY BOULEVARD, LAUREL, NEW YORK 11948 �At@'�P�� J S �lr- 1000-145.00-02.00-007.000 LOT 3 SCALICEMAP OF ��G DUDLEY PARK * * land s u ry e y i n g JOB No.S19-2405 •FILE DATE: 09/17/1928 MAP NO. 212 m s l a n d s u rve c o m DATE SURVEYED: 10/14/2019 LAUREL, SITUATE lac 41, $� o� y• P:631 -957-2400 SUFFOLKTOCO COUNTY, NEW YORK F�sF� 0505'5" 1 South Bay Avenue, Islip, NY 11751 DR•:MC CREW.:JM SCALE: 1" = 40 S (1)UNWmara®AUEu»DN OR ADDIIKN TO Pas SURVEY MAP ffNONG A UCOSED LAND StAhEYORS SEAL IS A VIOLATION OF SELTEN 7209,we-drsuN 2.OF NEW YORK SLATE mwnDN uw.(2)ONLY Y BXMM 9N#V MWS wmTHEi n svavtmaS EMBOSSED xE&ARE GEM E TRUE AND CORRECTCOPR.s OF THE SLOWETOn ORIGINAL GL WO AND DVRDDN.(3)a MVAIIONS ON THIS eamm R m St ,Ev Nor SMIFY THATTHE W WAs PREPARED IN keafm NCE WITH THE CURRENT wD CODE OF PRACTICEFOR LAND 9DHEVS ADOPTED BY THE NEW YORK STATE ASSDCIARON OF PROFESMONAL LAND SURVEYORS.INC.THE CERFIR ADON IS UMIIED TO PERSONS FOR WHOM THE BOUNDARY SURVEY NAP IS PREPARED,TO TxE TRLE COMPANY.TO THE GOA]QOONTAL AGENCY.AND TO THE IENDINO asrDUnDN I.ISIED M THIS BDUNDAf SURVEY NAP.(4)THE CEO9lGn5Ia HEREIN ARE NOT 7MMRABu:(5)THE LOGTIOM OF UNDERORarm OWROVINENTS OR ENCRWZQJwrs ARE NOT ALWAYS KNOWN AND OFTEN NUST BE EmMATM IF ANY UNDEI&RGl/ID 064aDVODMIS OR ERCRUtl]5DNI5 EXIST OR ARE SHOWN.THE WPROYFLWIS DN EN ROMID NIS ARE NOT C(WERED BY TH S SURVEY.(6)111E OFFSET(OR DODEl90N5)SHOWN NFIGDN FROM 171E SIRUCmR65 TD 712 P0.0PFRI'(EDDS ARE F1MT A SPE7FlC PURPOSE ANm USE AND 7IDIM5OEE ARE NOT DEIEam 10 GUJDE 7I�ERFI:BON OF FER6S,IaTAamT6 WALES POOLS.PATIOS PEAMDEO AFtFAa ADDORNS lO BUEDwCS A1✓D ANY OTHFR TPE CONSIRUCRON.(,)PROPERTY CORNER MOMUME TS WERE NOT SET AS PAT OF THIS SURVEY.W T1CU SURVEY WAS PERFORMED WITH A SPECTRA FOCUS 30 NOBUD:TUML STATION.(9)THE EmTTE10E OF RiMM OF WAY AND/IXE c ccvcvm OF RE)`-0FD IF ANY.NDT SHOWN ARE NOT GUA MNIED.(10)IF THIS 91HYEY WAS PREPARED WRHOUT THE BENEFIT OF A TmE RET�.THE EDSTTEECE OF ANY COVEW S.RESIRC1EtIS F ENTS AND/OR RIGHTS OF WAY OF RECORD.B ANY.MY NOT BE SHOWN OR ADDRESS AND ARE NOT G uNiANIFED. RICHARD & KATHLEEN O'TOOLE& ERIN DOHERTY,760 PECONIC BAY BLVD.,LAUREL ••• 4 Figure 1.Aerial view of subject dwelling(center)and previously existing deck in March 2007.Image by Google Earth. (s 1 11 �1 r I � r Onue Figure 2. View of previously existing deck in November 2024. Note semi-circular seaward protrusion of deck footprint and two sets of steps. L� •� � .��s��r Jay. .v;-', � 6�;� Ar- 7s ci : AR ,/. A 10Li l l / l / I I I •/ ' I I I I I I I / w . �- `��'!'c •'�, � \- -����� 0 ' '�''� y.,*'•-�:-'., -Y �...s- c =ors. fin, �,�' '�'}�=--�5 �""� ' � � � - ,. r..... '•!_~oar i�'-.,� osvm / as,ow � as uaa / / 9s 4 (CID) s lop .# ® N o ' `q / 6 a / 0 e a / 0� fit; yQ o iz,i ,~ — p — — .»� --x-- �„� NOTICE COUNTY OF SUFFOLK © e SOUTHOLD SECTION NO Real xc. �Property Tax Service Agency Y Y N �..� ..,a... .....T,,.P M 145 PROPERTY MAP Mv cowxnwxwn r.ow.ma