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HomeMy WebLinkAboutTR-6187 TERMS and CONDI110NS ne Permittee David McElro.y reid/IIg at 1640 Grandview Dr.. Orient .", N. Y., 'as ¡>an' of the coøsidetation lor the ¡.....1V't' of che Pemút does uødets~ And pte$Cribe to the fol· Iowioe: 1. That the Pid 'JIOUd of Trustees aod the Town oC SouIhold ate released .from lIlY IIðd aU damages, or cWms foe c\amages, of suits arisiog, cIú:ec:tIy or iDdirecdy as a ~ of MY O~. adoa pedormed pwalaclt'CO.thIs.pettOit, ~ che,dd ~-wIlI, at Lis at her own a1'''-' deCend ...,y aod aU such alS- nlt/.tee! by Ibitd.,atdes, aM the said PeauIttee a.<$''I'''''S full IIabi1ity wid. ~pect cheteto. fO,~esdusiOQ of the I!øud of Trustèes of the Town oC SouthQId . Z. That this I'eœIt is....ud fOt a period of 24 ' IDOS. whkb is ~ to be the estimated time' required to 'CÔlnplete the work 1o~1~ but 'Should ~ warnat, request , lor 111 exœosion may be made to the 3oud at a ~ ~ 3. That !his PetlDÎt should be retained indef"Ulildy. or as lcog as the .aId Permittee w!sbCs ' to . no.in..in the structure or project involved, to provide evidenoe to Ulyone concerned tb2t anIh· "dzadon was originaUy obuined. 4. That the work involved will be subject to the impedion aM appron! of the Boatd or Ia agents. aod non-œmpUaoœ with the provisions of the orIgin.ling applicadoa, may be cause for mocatÏon of !his PetlDÎt by resoll'don of the ~id Board. S. That Ihete will be no WI1"eOsoo."le interf_ with ...vigatioo as a result of the wod< bcRin auihorlzed. ' . G. That Ihete shall be no intedereøœ with the right oC ,the pubUc to pass aM repus doag the beach hetweeo 111gb aM low ....ter øwb. . 7. That if future opcaåons oC the Town of Southold ~ the. rem<m1 U1d¡oe alœntlœs in the Iocadoø oCdIe work bereI.n ...d>od-~. or IE, in the opIaJon oCthe Board oC Trasœer. the. wod< shall cause ~ obsttucaon to lree ....-Igadon, the aid PeaaIuce will be nqahed, IIf.'O"due nodœ, to remove or alter this _rk ot project betdn stated wIIbo\It ~oeoscl to die TowD' oC $outhold. . , ' ' 8. Thac the aid Board will be notif"&ed by the PetlDÎttee at the œfU("""'oo' Of the work anIh- orIzed. 9. That the 'Peanittee will d>ca1o aU other petmiIs and œ-n1Ì·Chat may be requJred . ",-r.1 to this permit ~ maybe _Jeer to revoIœ IIf.'O" failure to obcaIo ..-. - " .. . . Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 24, 2005 Mr. Bruce Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 RE: DAVID MCELROY 1640 GRANDVIEW DR., ORIENT SCTM#14-2-3.14 Dear Mr. Anderson: The Board of Town Trustees took the following action during its regular meeting held on Wed., August 24, 2005 regarding the above matter: WHEREAS, Suffolk Environmental Consulting, Inc. on behalf of DAVID MCELROY applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated June 28, 2005 and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on August 24, 2005, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, 2 . . WHEREAS, the structure complies with the standards set forth in Chapter 97 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOL VED, that the Board of Trustees approve the application of DAVID MCELROY to construct a bluff stairway within the northeastern section of the subject property, with the condition CCA treated lumber is not used on the decking, and all as depicted on the plan prepared by Suffolk Environmental Consulting, Inc. dated June 28, 2005. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, ~.I? .~'0. Albert J. Krupski, Jr., President Board of Trustees AJK/lms . . Albert J. Krupski, President James King, Vice·President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631\ 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: iOo.-w èJ fT\c t ÙllSl./ Please be advised that your application dated 0 lJ.810r reviewed by this Board at the regular meeting of ?,/ d- i.{ I ClS- following action was taken: has been and the ~pplication Approved (see below) ~) Application Denied (see below) ~) Application Tabled (see below) If your application is approved as noted above, a permit fee is now due. Make check or money order payable to the Southold Town Trustees. The fee is computed below according to the schedule of rates as set forth in the instruction sheet. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: 1nri/ l~CUén - .J1S0'OO TOTAL FEES DUE: $ SV,oo SIGNED: ~~-t-9 ~0 PRESIDENT, BOARD OF TRUSTEES . . Telephone (631) 765-1892 Town Hall 53095 Route 25 P,O. Box 1179 Southold. New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., July 13, 2005, the following recommendation was made: Moved by Don Wilder, seconded by Jennifer Mannino, it was RESOLVED to recommend to the Southold Town Board ofTrustees APPROVAL WITH A CONDITION of the Wetland Permit application of DAVID MCELROY to construct a bluff stairway within the northeastern section of the subject property. Located: 1640 Grandview Dr., Orient. SCTM#14-2-3.14 The CAC recommends Approval of the application with the Condition no CCA lumber is used and there is no disturbance to the bluff. Vote of Council: Ayes: All Motion Carried . . McELROY Property Situate: 1640 Grandview Drive; Orient; Town of Southold, NY SCTM#: 1000-014-02-003.14 (Photo taken in June, 2005) '"_ _.'__ J ~t.-;1;-:"¡;¡,.d.~...-...,.~_,.,~,",, , JJ,j ,\lJI¡J """ .. . \ q If ( \ ¡rH,1t illn III 1111' pr(iIHhl'd ..1,1i,·.... Photo indicating the stakings approximating the landward terminus of the proposed stairway to be situated at the top of the bluff within the northeastern section of subject property. Photo taken from the central section of subject property, facing northeast. . . McELROY Property Situate: 1640 Grandview Drive; Orient; Town of Southold, NY SCTM#: 1000-014-02-003.14 (Photo taken in June, 2005) "- --- ~'.<.~ ..~~ .. ..r";~_'&'. ~.. "- -7'" .....;. ~ " .- ..~ . - -,_. . . .\'".è.J .. .. .../. ... ...... ~-~~. Photo indicating the stakings approximating the seaward terminus of the proposed stairway to be situated at the top of the bluff within the northeastern section of subject property. Photo taken from the northwestern section of subject property, along the shoreline of Long Island Sound, facing southwest. . . McElroy Property Situate: 1640 Grandview Drive; Orient; Town of South old, NY SCTM#: 1000-014-02-003.14 . ......._,.,'._.'..m..__...._n._~~'__, , '" ".... -... ..... ----. ',...-di '1 .1ft ---.-- .~ . <..0' .r· ""V- 1Jt\." SITE ~4; ~~~.,4 . ~~Rd ~ CIrMIIt _ /' ð ~ lAmø'·"" !i ~ # . "',. . - "... " <1-. - q, "...I\ð , OI'If ~~ ~., - . / . , . --.....- PROPOSED CONSTRUCTION ACCESS ROUTE ,. - \ '. , , , \ \ \ "'" " - ......-- \ ~ -..\ i :'~ \~ ® \\ ~".... '-ZJ- ..-_/1 'I ~ I o ....-.... .. - +-' ?; I « '" ~ - 1 r- If) Z "I <{O~ uJ f-- " r:. «" 1 >_ r-uJ :::3....J3 ~uJú) ~ ... W -> O~ 1;;1.7 W:r: Cll:U U;¡s .:0 -- - -- ... - - -.. 10 Cll:1.7c" wZ..o ~Õ:; o Z- -':;s:! ¿u.. ou.. 1=3 0: .:0 0 1.7 Cll:zc" W_CIO ~o" ~ z- ;:¡:::s:! ------- -u.. 0u.. ~;:¡ 0'" .....:0 ëo - - ~-- ----- ---- - - - - -- - -- - - - .. . ... - - - --- / '" -5 o - o ~ '" c. 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Q ? --. ~ Q;: () Albert J. Krupski, PresiA James King, Vice-Presi_ Artie Foster Ken Poliwoda Peggy A, Dickerson . Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TO\VN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction. hay bale line 151 day of construction % constructed ¡,/ Project complete. compliance inspection. . . Suffolk Environmental Consulting, Inc. Newman Village. Suite E, 2322 Main Street, p.o, Box 2003. Bridgehampton. New York 11932-2003 1631) 537-5160 Fax' (631 ) 537-5291 , Bruce Anderson, M.s.. President September 19, 2005 Mr. Albert 1. Krupski, President Southold Town Hall 53095 Main Road P.O Box 1179 Southold, NY 11971 Jô) ~ U n7 ~ :~ li"ù SEP 2 0 L005 CI Re: Situate: McELROY Property 1640 Grandview Drive Orient; Town ofSoutbold. NY 1000- 014 - 02 - 003.14 Scuthcld Town BQ3rd )f TriJ'~_ee5 SCTM #: Dear Mr. Krupski, As per your correspondence regarding approval for the property referenced above please find: (I) Check made payable to the Town of South old to cover Pennit fee in connection with the property referenced above. Should you have any questions concerning this matter, please feel tree to contact this office at any time, Thank you as always for your attention and consideration. 7115 .ff~ Diane K. Wassick enc. cc: Mr. McElroy . . MAILING ADDRESS: P.O. Box 1179 Southold. NY 11971 PLANNING BOARD MEMBERS .JERILYN B, WOODHOUSE Chair WILLIAM J, CREMERS KENNETH L. EDWARDS MARTIN H, SIDOR GEORGE D. SOLOMON OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765·1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD From: Mark Terry, Senior Environmental Planner L WRP Coordinator ~\æ AUG " '.! fu '~ : 0UJ \L::J I;" I~ ~ ,'~ ,L, To: Town of South old Board of Trustees ~ i;:' ~_ ' .,' I :, ':1 p.- 1- ~ t; rl'" .;;<; Date: August 19,2005 Re: Proposed Pennit for David McElroy to Construct a Bluff Stair adjacent to Long Island Sound SCTM#1000-14-2-3.14 This proposal is to construct a 4' wide by 68' long fixed stairway with 1\'10 landings to access the Long Island Sound beach. Subject stairway will be supported by eighteen posts. The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of South old Town Code and the Local Waterfront Revitalization Program (L WRP) Policy Standards, Based upon the infonnation provided on the L WRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is generally CONSISTENT with the following Policy Standards and therefore is CONSISTENT with the L WRP provided that the Board require any necessary amendments to the application and implement appropriate best management practices to further the below listed Policy Standards. Recommended Best Management Practices include: I. To further the intent of L WRP Policies 5, 6, and 8; protect water quality and the health of the users of the structure; require that uo CCA treated wood, oil based preservatives containinl! creosote (CRT) or pentachlorophenol (PCP), applied to the surface of wood materials shall be permitted in the construction materials of the structure. The applicant shall use a decav resistant alternative. . . 2. Require the submittal of a narrative of proposed construction methods indicatin!! how the applicant will insure minimal disturbance to the surroundin!! existin!! ve!!etation. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Policy 5 Protect and improve water quality and supply in the Town of Southold. Policv Standards B. Prevent point source discharges into Southold's coastal waters and manage or avoid land and water uses that would: 2. cause or contribute to contravention of water quality classification and use standards, or 3. adversely affect receiving water quality, or 4. be contrary to Phase III of the Long Island Sound Study's Nitrogen Reduction Plan which calls for a 58.5% Sound-wide reduction in nitrogen levels. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. Policv Standards 6.1 Protect and restore ecological quality throughout the Town of Southold. A. Avoid adverse changes to the Long Island Sound and the Peconic Bay ecosystems that would result from impairment of ecological quali(v as indicated by: 1. Physical loss of ecological components Physical loss is often the most obvious natural resource impairment to identify. It usually results from discrete actions, such as filling or excavating a wetland or clearing an upland forest community prior to development. 2. Degradation of ecological components Degradation occurs as an adverse change in ecological quality, either as a direct loss originating within the resource area or as an indirect loss originating from nearby activities. Degradation usually occurs over a more extended period of time than physical loss and may be indicated by increased siltation, changes in community composition, or evidence of pollution. 3. Functional loss of ecological components . . Functional loss can be indicated by a decrease in abundance of fish or wildlife, often resulting from a behavioral or physiological avoidance response. Behavioral avoidance can be due to disruptive uses that do not necessarily result in physical changes, but may be related to introduction of recreational activities or predators. Timing of activities can often be critical in determining whether a functional loss is likely to occur. Functional loss can also be manifested in physical terms, such as changes in hydrology. B. Protect and restore ecological quality by adhering to the fol/owing measures. I. Maintain values associated with natural ecological communities. Each natural ecological community has associated values which contribute to the ecological quality of the Town of South old. These values should be assessed on a case-by-case basis. 2. Retain and add indigenous plants to maintain and restore values of natural ecological communities. a. Protect existing indigenous plants from loss or disturbance to the extent practical. b. Include use of suitable indigenous plants in the landscaping plans for new development and in redevelopment projects where loss or disturbance of existing indigenous plants could not be prevented during construction. 3. Avoid fragmentation of ecological communities and maintain corridors to facilitate the free exchange of biological resources within and among communities. a. Each individual resource area should be maintained as a complete contiguous areas to protect the area's natural resource values. Specifically, actions that would fragment the ecological community into separate ecological islands should be avoided. b. Where fragmentation of ecological communities has already occurred, the adverse effects of fragmentation can be mitigated by maintaining or providing connecting corridors to allow exchange of biological resources. 4. Maintain ecological integrity of particular locales by maintaining structural and functional attributes, including normal variability, to provide for self-sustaining systems. 5. Avoid permanent adverse change to ecological processes. C Reduce adverse impacrs on ecological quality due to development. 2. Mitigate impacts of new development. . . Definitions Habitat destruction is defined as the loss of fish or wildlife use through direct physical alteration, disturbance, or pollution of a designated area or through the indirect effects of these actions on a designated area. Habitat destruction may be indicated by changes in vegetation, substrate, or hydrology, or by increases in runoff, erosion, sedimentation or pollutants. Significant impairment is defined as reduction in vital resources (e.g., food, shelter, living space) or change in environmental conditions (e.g., temperature, substrate, salinity) beyond the tolerance range of important species of fish or wildlife that rely on the habitat values found within the designated area. Indicators of a significantly impaired habitat focus on ecological alterations and may include, but are not limited to, reduced carrying capacity, changes in community structure (e.g. food chain relationships, species diversity, etc), reduced productivity and/or increased incidence of disease and mortality. The range of parameters that should be considered in applying the habitat impainnent test include, but are not limited to, the following: I. physical parameters, such as living space, circulation, flushing rates, tidal amplitude, turbidity, water temperature, depth (including loss of littoral zone), morphology, substrate type, vegetation, structure, erosion and sedimentation rates 2. biological parameters, such as community structure, food chain relationships, species diversity, predator/prey relationships, population size, mortality rates, reproductive rates, meristic features, behavioral patterns and migratory patterns, and 3. chemical parameters, such as dissolved oxygen, carbon dioxide, acidity, dissolved solids, nutrients, organics, salinity, and pollutants (heavy metals, toxics and hazardous materials) 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southo/d Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee pennit conditions. B. Comply with stall/tory and regulatory requirements of the State's wetland laws. I. Comply with regulatory requirements of the Stream Protection Act for the excavation or placement of fill in all wetlands that are . . adjacent to and contiguous at any point to any of the navigable waters of the state, and that are inundated at mean high water level or tide. 2. Comply with the regulatory requirements of the Freshwater Wetlands Act for the protection of mapped freshwater wetlands. 3. Comply with the regulatory requirements of the Tidal Wetlands Act for the protection of mapped tidal wetlands including coastal fresh marsh; intertidal marsh; coastal shoals, bars and flats; high marsh or salt meadow; littoral zones; and formerly connected tidal wetlands, C. Prevent the net loss of vegetated wetlands according to the following measures. Use the measure resulting ill the least environmental(v damaging practicable alternative. I. Avoid placement of fill in or excavation of vegetated wetlands: a. Choose alternative sites which would not result in adverse impacts on wetlands. b. Reduce scale or intensity of development to avoid excavation or fill. c. Choose design alternatives which would avoid excavation or fill. 2. Minimize adverse impacts resulting from unavoidable fill, excavation, or other activities by: a. reducing scale or intensity of use in order to limit incursion into wetland areas b. designing projects to result in the least degree of adverse wetland impacts 3. Provide compensatory mitigation for adverse impacts which may result from unavoidable fill, excavation or other activities remaining after all appropriate and practicable minimization has been accomplished. a. Restore former wetlands or create new tidal wetlands according to the following priorities: (i) restore former wetlands or create new tidal wetlands in areas adjacent or contiguous to the site (ii) where restoration of former wetlands in areas adj acent or contiguous to the site is not appropriate or practicable, restore former wetlands in close physical proximity and in the same watershed, to the extent possible (iii) where restoration of former tidal wetlands is not appropriate or practicab Ie, create new tidal wetlands in suitable locations as determined by sediment, exposure, shoreline characteristics, and water regime; include consideration of loss of resource values which may exist at the mitigation site · . b. Creation of new non-tidal freshwater wetlands is generally not suitable for compensatory mitigation for loss of natural wetland. c, Where wetlands are restored or tidal wetlands created: (i) Provide equivalent or greater area of mitigation wetland. Base the actual area of wetland provided on the following factors: characteristics of the mitigation site, proposed wetland creation or restoration methods and designs, and quality of the wetland restored or created relative to the wetland lost. (ii) Provide equivalent or greater value or benefit to that of the wetland area lost, as defined by class of freshwater wetland, as ranked in 6 NYCRR Part 664 or, tidal wetland zones, as described in 6 NYCRR Part 661. (iii) A lesser area of mitigation wetland may be allowed in cases where the mitigation wetland and its benefits would clearly be a greater value than the wetland lost. (iv) Guarantee success of the compensatory mitigation. Wetland mitigation is considered successful if functional attributes of the wetland have been reached and maintained, including a plant density which approaches the design density. (a) Carry out mitigation in accord with a compensatory plan which details wetland creation or restoration measures. Base compensatory plans on establishment of a natural, self-regulating wetland. (b) Monitor and report on progress of the wetland mitigation according to a prescribed plan. (c) Provide a suitable performance bond or other surety instrument guaranteed to an appropriate agency or organization to assure successful completion of the mitigation. d. When a series of small, unavoidable wetland losses requires mitigation, combine mitigation projects to create larger contiguous wetland areas whenever the resulting ecological value would be greater than that achieved through pursuing discrete, separate efforts. e. Protect wetland functions and associated benefits regardless of the availability of compensatory mitigation. (i) Do not fill, excavate, or dredge vegetated wetland areas which: (a) support endangered or threatened species of plants or animals (b) have not been subjected to significant impairment, or . . (c) are part of a natural resource management area, including refuges, sanctuaries, reserves, or areas designated as Significant Coastal Fish and Wildlife Habitats, based on wetland values. (ii) Do not fill, excavate, or dredge vegetated wetland areas when the wetland loss would result in significant impairment of the remaining wetland area. (iii) Retain functions and benefits associated with vegetated and non-vegetated wetlands. 6.4 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. A. Protect vulnerable fish and wildlife species. \. Vulnerable fish and wildlife species are those listed in regulation 6 NYCRR Part 182.5 as Endangered Species, Threatened Species, and Special Concern Species. 2. Review existing species records and field survey proposed development sites, at the appropriate times, for the presence of listed species or conditions that meet their habitat requirements. 3. Protect habitat of listed species identified through field surveys or other methods during all stages 0 f their life cycles. B. Protect vulnerable plant species, \. Vulnerable species arc those listed in regulation 6 NYCRR Part 193.3 as Endangered Species, Threatened Species, Exploitable Vulnerable Species, and Rare Species. 2. Review existing species records and field survey proposed development sites, at the appropriate times, for the presence of listed species or conditions that meet their habitat requirements. 3. Protect habitat identified by the occurrence of a listed species during all stages of their life cycles. C. Protect rare ecological communities. \. Rare ecological communities to be protected include: a. communities that qualify for a Heritage Stare Rank of Sl or 52; and b. communities that qualify for both a Heritage State Rank of 53, 54 or 55; and an Element Occurrence Rank of A, (See The Natural Coast for an explanation of Heritage State Ranks), 2. Review existing ecological community records and field survey sites potentially affected by proposed development for the presence of rare ecological communities. . . 3. Protect rare ecological communities. Use appropriate design and development of land and water uses that will integrate or be compatible with the identified ecological community. 4. Use the most up-to-date infonnation available on the structure and the function of rare ecological communities as a factor in detennining open space requirements of a project. Policy 8 Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. Policv Standards 8.3 Protect the environment from degradation due to toxic pollutants and substances hazardous to the environment and public health. A. Prevent release of toxic pollutants or substances hazardous to the environment that would have a deleterious effect on fish and wildlife resources. E. Take appropriate action to correct all unregulated releases of substances hazardous to the environment, 8.4 Prevent and remediate discharge of petroleum products. 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. Policv Standards 9.1 Promote appropriate and adequate physical public access and recreation to coastal resources. A. Provide a level of public access and ~lpe of recreational use which takes into account the followingfactors: I. proximity to population centers, 2. public demand for access and recreational use, 3. type and sensitivity of natural resources affected, 4. purpose of public institutions which may exist on the site, 5. accessibility to the public access site or facility, 6. the needs of special groups such as the elderly and persons with disabilities, 7. the potential for adverse impacts on adj acent land uses, 8. the potential for adverse impacts on the transportation network. . . F Include physical public access to, and/or water-related recreation facilities on, coastal lands and waters whenever development or activities are likely to affect the public's use and enjoyment of public coastal lands and waters. Provide incentives to private development projects which provide public access and/or water-related recreation facilities. G. Restrict public access and recreation only where incompatible with public safet)', and the protection of natural resources. 9.2 Protect and provide public visual access to coastal lands and waters from public sites and transportation routes where physically practical. A. Avoid loss of existing visual access. I. Limit physical blockage of existing visual access by development or activities due to the scale, design, location, or type structures. 2. Protect view corridors provided by streets and other public areas leading to the coast. 3. Protect visual access to open space areas associated with natural resources, B. Minimize adverse impact on visual access. I. Provide for view corridors to the coast in those locations where new structures would block views of the coast from inland public vantage points. 2. Use structural design and building siting techniques to preserve or retain visual access and minimize obstruction of views. C. Mitigate for loss of visual access, I. Provide public visual access from vantage points on the site where development of the site blocks visual access from inland public vantage points. 2. Provide for additional and comparable visual access at nearby locations if physical access cannot be provided on-site. 9.5 Provide access and recreation that is compatible with natural resource values. A. Provide appropriate access and associated recreational activity that will avoid potential adverse impacts on natural resources. Use the following factors in determining the potential for adverse environmental effects: I. intensity of the associated recreational, scienti fic, or educational activity, 2. level of likely disturbance associated with the proposed activity. The following types of access or associated activities are listed in decreasing order of potential for disturbance: a. motorized activities, . . b. active, non-motorized activities, including water-dependent and water-related uses, c. passive activities, d. avoidance of the area. 3. Sensitivity of the natural resources involved and the extent of the ecological benefits associated with avoidance of the area. B. Limit public access and recreational activities where uncontrolled public use would lead to impairment of natural resources. 1. Establish appropriate seasonal limitations on access and recreation in order to minimize adverse impacts on fish and wildlife species. 2. Provide stewardship that is capable of controlling anticipated adverse impacts before providing public access. 3. Physically limit or avoid provision of public access to natural resource areas whose principal values are based on the lack of human disturbance. 4. Provide educational, interpretive, research, and passive uses of natural resources through appropriate design and control of public access and recreation. C Provide public access for fish and wildlife resource related activities, including fishing and hunting. provided that the level of access would not result in a loss of resources necessary to continue supporting these uses, D. Provide access using methods and structures that maintain and protect open space areas associated with natural resources. Determine the extent of ¡'isual and physical impairment by structures extending through these open space areas based on: 1. the value of the open space as indicated by un-fragmented size or mass of the wetland or other natural resources, distance to navigable water, and wetland value. 2. the size, length, and design of proposed structures. . . Albert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P. O. Box 1179 SouthoJd, New York 11971 Telephone (631) 765-1892 Fax (631) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use only Coastal Erosion Permit Application Wetland Permit Application Grandfather Permit Application Waiver/Amendment/Chan~es ~Received App1ication:~t/O\ ~eceived Fee: $~~~ Completed Application é/.tl1J¡ Incomplete SEQRA Classification: Type I Type II_____Unlisted Coordination: (date senti ~AC Referral Sent: ð/~B1~ ""i:Játe of Inspection: ?/i.3jol{' Receipt of CAC Report: Lead Agency Determination: Technical Review: ublic Hearing Held: '~IðS Resolution: ¡?f v-' x ::,.\ '---'-r'~LL';~:U \G¡/ '--------- ¡;, I '-'" <.. ~ 'I . :' ''. " ' c "88') , U ü.\ Jvh 2!. ~ Soutrlo\o Îuwn B03'(\ of Tre5tees Name of Applicant DAVID McELROY Address P.O. Box 206 Orient, NY 11957 Phone Number (631) 495-2303 -- Suffolk County Tax Map Number: 1000-014 - 02 - 003.14 Property Location: 1640 Grandview Drive; Orient, NY 11957 AGENT: Suffolk Environmental Consulting, Inc. ~ ~ {f,~Itf. Address: P.O. Box 2003 Bridgehampton, NY 11932 Phone Number: (631) 537-5160 Fax: #(631) 537-5291 4IÞBoard of Trustees 1, . App ~cat~on GENERAL DATA Land Area ( in square feet) : 40, 650 square feet Area Zoning: Previous use of property: Private single family dwelling Intended use of property: Continue as private single family dwelling with proposed Bluff Stairway. Prior permits/approvals for site improvements: Agency 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: proiect Description (use attachments if necessary) Applicant proposes to construct a Bluff Stairway within the northeastern section of subject property to provide safe and reasonable access to the shoreline of Long Island Sound. The proposed Bluff Stairway will measure 4,0' W x 68.0' L and include an upper landing measuring 4.0' W x 8.0' L and a lower landing measuring 4.0' W x 16' L. 2 · 1, .. Board of Trustees App lcatlon WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Applicant proposes to construct a Bluff Stairway within the northeastern section of subject property to provide safe and reasonable access to the shoreline of Long Island Sound. Area of wetlands on lot: 0.0 square feet Percent coverage of lot: 0.0 D '0 Closest distance between nearest existing structure and upland edge of wetlands: 210.0' ± feet (existing dwelling to AHW) Closest distance between nearest proposed structure and upland edge of wetlands: 48.0 ± feet (proposed stairway to AHW) Does the project involve excavation or filling: x No Yes If yes, how much material will be excavated? yards cubic How much material will be filled? N/A cubic yards Depth of which material will be removed: N/A or deposited: N/A Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: N/A 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 substantial setback from the edge of the apparent high water mark and the low-impact nature of the structure. 3 4IÞBoard of Trustees APPlica~n COASTAL EROSION APPLICATION DATA Purpose of Proposed Activity: Applicant proposes to construct a Bluff Stairway within the northeastern section of subject property to provide safe and reasonable access to the shoreline of Long Island Sound. Are wetlands present within 75 feet of the proposed activity? No X Yes (represented by the Apparent High Water Mark) If Yes, how much material will be excavated? N/A (cubic yards) N/A (cubic yards) How much material will be filled? Manner in which material will be removed or deposited: N/A Describe the nature and extent of the environmental impacts reasonably anticipated resulting from the implementation of the project as proposed. (Use attachments if necessary) Any impacts to the surrounding environment will be extremely minimal in that the location of the proposed structure will be substantially setback from the apparent high water mark, the structure itself is low-impact with respect to the surrounding environment and the purpose of this project is to lessen variable "foot traffic" through this area that would result in further environmental impacts without an access structure such as the proposed stairway. 4 . . 14-1fì-4 (! /95):Texl12 PROJECT 1.0. NUMBER 617,20 I Appendix C _--.J State Environmental Quality Review -----SHORT ENVIRONMENTAL ASSESSMENT FORM For UNUSTED ACTIONS Only SEQR PART 1- PROJECT INFORMATION (To be comnleted bv Annlicant or Proiect soonsor) l. APPLICANT/SPONSOR 2. PROJECT NAME Suffolk Environmental Consulting, Inc. McELROY 3. PROJECT LOCATION, Municipality Town of South old County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc. or provide map) 1640 Grandview Drive; Orient, NY 11957 (SCTM #: 1000 -- 014 - 02 - 003.14) 5. IS PROPOSED ACTION: 181 New o Expansion D Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to con!.truct a Bluff Stairway within the northeastern section of subject property to provide safe and reasonable access to the shoreline of Long Island Sound. The proposed Bluff Stairway will measure 4.0' W x. 68.0' L and include an upper landing measuring 4.0' W x 8.0' L and a lower landing measuring 4.0' W x 16' L. 7. AMOUNT OF LAND EFFECTED, Initiallv < 0.1 acres Ultimatelv < 0.1 acres 8. WILL PROPOSED ACTION COMPLY WrrH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS7 181 Yes o No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? I8IResidential Olndustrial DCommercial OAgriculture OParkIForesUOpen space OOther 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)? 181 Yes ONo If yes. list agency(s) and permit/approvals New York State Department of Environmental Conservation Tidal Wetland Permit II. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes 181 No If yes. list agency(s) and permit/approvals 12, AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes 181 No I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanUsponsor name: Matt D. lvans Suffolk Environmental Consultinu Inc. Date: 6/27/05 ./- Signature: ------ 77 --------- If the action is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Fonn before proceeding with this assessment OVER 1 . . NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: David McElroy SCTMi 1000 - 014 - 02 - 003.14 YOU ARE HEREBY GIVEN NOTICE: 1. That is the intention of the undersigned to request a Permit from the Board of Trustees to: Applicant proposes to construct a Bluff Stairway within the northeastern section of subject property to provide safe and reasonable access to the shoreline of Long Island Sound, 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 1640 Grandview Drive; Orient, NY 11957 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: David McElroy MAILING ADDRESS: P.O. Box 206; Orient, NY 11957 PHONE i (631) 495 - 2303 Ene.: Copy of sketch or plan showing proposal for your convenience. 5 . . PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: STATE OF NEW YORK COUNTY OF NEW YORKO Matt D. Ivans, residing at Suffolk Environmental Consulting, Inc.; Main Street, Bridgehampton, NY 11932 being duly sworn deposes and says that on the 19th day of April 2002, deponent mailed a true copy of the Notice set forth in the Board 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 (certified) (registered) mail. Sworn to before me this day of , 2005 Notary Public 6 . . Board of Trustees Town of South old; New York -------------------------------------------J( Affidavit of Sign Posting (Name 0 Applicant) Regarding Posting of Sign Upon Applicant's Land Identified as 1000 - 014 -.J!L - 003.14 --------------------------------------------------------------------)[ County of Suffolk State of New York I, Bruce A. Anderson, residing at P.O. Box 2003: Bridl!ehamDton New York, being duly sworn, depose and say that: On the 6th day of July ,2002...., I personally placed the Town's Official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property in question, located ten (10) feet or closer from the street or right - of - way (driveway entrance)- facing the street or facing each street or right - of - way entrance"; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of .h, ~bjoc' h,.;" d~, wh;,h ho~;" d~ ~ 'hOW"l T' ~ (Signature) Sworn to me this [f5"'I day of , 200 c;- Matthew D. Ivans Notary Public of New York No, 011V6053859 Qualified in Suffolk County Commission Expires January 22, 20CïJ * near the entrance or driveway entrance of subject property, as the area most visible to passersby . . Suffolk Environmental Consulting, Inc. Newman Village. Suite E. 23n Main Street, P,O. Box 2003. Bridgehampton, New York 11932-2003 (6.1115.17-5160 Fax: (631) 5.17-5291 Bruce Anderson. M.5" President Via Re2Ular Mail fõ)~~~~~~fñì ml JUL 1 1 2005 l.!l July, 8th, 2005 Albert J, Krupski, President Southold Town Board of Trustees Southold Town Hall 53095 Main Street Southold, NY 11971 S01:tIW:J Tii'.~'n P.,; j:'- of Trl'~teps Re: Situate: McElroy Proof of Mailing 1640 Grandview Drive Orient; Town of South old, NY 1~014~2~3.14 July 20tb, 2005 @ 7:00pm SCTM#: Hearing: Dear Mr, Krupski, This firm represents the owner of the above referenced property. Please find enclosed herewith: I) The signed and notarized Proof of Mailing Notice with the attached certified mail receipts. If you have any queslions or comments regarding this matter, please feel free to contact this office at any time. Thank you as always for your lime and consideration, ~~ William J. Lohn enclosed cc: D. McElroy . . PROOF OF MAILING OF NOTICE A TT ACH CERTIFIED MAIL RECEIPTS Name: Lisa McElroy Address: 32645 Route 25 Cutchogue, NY 11935 Grand Park Holding Corporation 32645 Route 25 Cutchogue, NY 11935 Harold Jr. & Ors Reese (xl) 74 Whitehall Road Rockville Centre, NY 11570 Thomas D. & Patricia A, Crowley 1735 Grandview Drive Orient, NY 11957 STATE OF NEW YORK COUNTY OF SUFFOLK William J, Looo , residing at P,O Box 2003: BridgehamDton. NY 11932 , being duly sworn, deposes and says that on the 8th day of Julv ,2005, deponent mailed a true copy of the NOlice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names o~ said persons are the address of said persons as shown on the current assessment rbll of the Town of South old; that said Notices were mailed at the 7 United States Post 'office at BridgehamDton , that said Notices were mailed to each 0,",';' "'~, bt (œrtifial)("";"",,,,) ""n. '_ ~ ~ " ~~ Sworn to before me this f'¥ D"Of~~ No~ blic ------------ Matthew D. Ivans Notary Public of New York No 011V6053859 Qualified in Suffolk County Commission Expires January 22, 20" 7 .1~"'iII.¡."ttll"''''''. jtol'''--''. n , ::ri 'CERTIFIED MAIL, REcr 'T ~ (Domestic Me.,il Only; No InSUrance Co\. ..ge Provided) r'- r-'I '" r'- RG'lm fil/lhO!\! 1Ã'''''' .~ TÄ ' "LF"í"'" t.':" 'I,... 0;"<:, ~, f>osr~ Here ;'G~f-nr ------ U;!()P;i"~1 en a - ~~~~~~n~t;-Jjf~R~~e ··m.u·..·.u_mm. ëitŸ:-¡s¡';:ZIP:\'uG-uu",uu;o y-u;;¿'-;¡6' Postage :$ ,~. ..J", Certified Fee C~'-.~:~~I Rerum Rec!epl Feø I (Endorsement Required) I ~ Restricted Delivery Fee I~-~- m (Endorsement Required) ~___ : Totsl Postage & Feesl $ ,'::;~ q q r'- '-0 D D D I ,'7<~ U.S. Postal Service", CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) " ~ ~ r:~ ~,t ........ ~. . -- '" I'- '-0 ru I'- M '" I'- '-0 D q D .·".......·........t;....¡;..¡.'HÞ1;.m' _. . 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Certllied Fee o "^ ,,:-.,.,:j Return Reclepl Fee 1. 75 (Endorsernent Requlrød) Restricted Oel¡v~ry Fee (Endorsement Required) Tolal PostElge & Fees $ 1~.4;: 07/08/05 '-0 <::J q D o '-0 T] M :;>- ~ ¡~,~,'þ,..lJ'.~~-.,1:---~!~)'-m...-.n---n..n-n ",PO BaxNa, 17"15' G-ro.,...&.\J\t»,) -:ì)~'iI-c.. ë;¡j,;.štã¡e:zip;.:¡......----.....u.h-----.---uh.--..u..h~--.--..u.h_.·.n'·hn 0<'\........' \ ~'f 11'15'1 PS form 3800 June 20U2 See F¡"verse for lr¡s[llIr 1.un", U.S. Postal Service,,, ~ CERTIFIED MAIL RECEIPT ~ (Domestic Mail Only; No Insurance-Coverage Pro"ided) I'- M '" I'- ". '. ¡ '.. ;., . ..= :'~: -~ .. ~ r:(f,¡¡e,WJ ar:)JT~Ef~y ij ¡(>j¡O! Postage $ 0.37 2,:\0 1. 75 4.Ù":"' ---------- ! {)"?/08/'.YS TOlal Postage & I=ees $ ;T CJ tTo ~ ~~-::~Ç.'h--t~.n~ø.·~h'om. nn____ nnn..'on. ·c~':'>.~':'-N~.n]':l__~k;tc.l4~L ,,~..() 'n.__. StBte,ZIPt4 l).v.\Ud", h..h..____hU__h_. (I'VI "~ CClAtæ ,Aly "no .II . II. '-0 D D Rot"'" Rocl.p, Fe. o (Endorsemenl Requlred\ o Ae:¡;trlcfed Delivery Fee Lr (EndorsemenIRequlred) T] M Certiflea Fee ;¡ . . Board of Trustees Application County of Suffolk State of New York SHAWN M. BARRON 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 HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVE(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. o~A~~,- Signature ~ '-lv-£. 2005 SWORN BEFORE ME THIS /~ /Notary Public 277'1 DAY OF ~ Matthew D. Ivans Notary Public of New York No. 011V6053859 Qualified in Suttolk County Commission Expires January 22, 2001 7 . . Board of Trustees Application AUTHORIZATION (where applicant is not the owner) , I, David McElroy residing at Grandview Drive; Orient, New York, do hereby authorize Suffolk Environmental Consulting, Inc. to apply for (Agent) permit(s) from the Southold Board of Trustees on my behalf. 8 . . Suffolk Environmental Consulting, Inc. Newman Village. Main Street. P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5198 Bruce Anderson, M,S,. President Hand Delivered June 28, 2005 Mr. Albert J. Krupski, President Town Hall P.O. Box 1179 Southold, NY 11971 fõ)~ ~ fE ~ I)J fE ij Ull JUM 2 8 2005 1~ Re: Situate: McELROY Property 1640 Grandview Drive Orient; Town of South old, NY 1000 - 014 - 02 - 003.t4 So.thold Town Board of Trustees SCTM #: Dear Mr. Krupski, This Firm represents Mr. McElroy, owner of the above referenced property, who wishes to construct a small bluff stairway within the northeastern section of subject property in order to access the shoreline of Long Island Sound contiguous to subject property. In order to do so, approval ITom your Board is required. Enclosed herewith please find a completed Wetland Permit Application. Application contents are as follows: (I) Town of Southold Trustees Wetlands Permit Application; (2) Short Environmental Assessment Form; (3) Local Waterfront Revitalization Program Consistency Assessment Form; (4) Pbotographs of the location of the proposal (two [2] sets); (5) Location Map for easy reference (two [2] copies); (6) Survey of subject property, prepared by STANLEY JISAKSEN, JR., LS" indicating all existing and proposed structures thereon, as well as plan detail of the proposed bluff stairway, last dated June 23,2005 (two [2] copies); (6) Elevation Plan of the proposed bluff stairway, prepared by SUFFOLK ENVIRONMENTAL CONSULTING, INC., dated June 28,2005 (two [2J copies); and (7) Cbeck made payable to the Town of South old in the amount of $250.00 covering the requisite application fee. . . By way of this correspondence, and on behalf of Mr. McElroy, [ request that you commence review of this application and schedule for the next available Board of Trustees meeting for 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 as always for your attention and consideration. s~ Matt D. [vans attachment cc: D. McElroy . . Suffolk Environmental Consulting, Inc. Newman Village. Suite E. 2322 Main Street, P.O. Box 2003. Bridgehampton, New York 11932-2003 ¡63Ii537-5160 Fax: 16311537--';291 Bruce Ande",on. M.5.. Pröident July 26, 2005 \õ),1E IG IE B 11 IE ~ \rù JU L 2 7 2005 IIJdJ Mr. Albert J. Krupski. President Town Hall P.O. Box 1179 Southold, NY 11971 SOllthold Town BO:Hd of Trustees Re: Situate: McELROY Application 1640 Grandview Drive Orient; Town of South old, NY 1000 - 014 - 02 - 003.14 SCTM #: Dear Mr. Krupski, As you know, this Firm represents Mr. McElroy, owner of the above referenced property, who is pending approval from your Board to construct a small bluff stairway thereon. In order to fulfill the completeness of our application, please find enclosed: (1) Local Waterfront Revitalization Program Consistency Assessment Form; Kindly include the enclosed item within our pending application package and finalize the review of same so that we may be scheduled before the next available Town of South old Board of Trustees meeting. Should you have any questions regarding this matter, or require additional information, please feel free to contact this office at any time. Thank you as always for your attention and consideration. ~. Matt D. Ivans enc. cc: D. McElroy . . IT)) ~~ I:;' lE ~ :dæ ~ m1 JuL 2 I L~IJJ ¡Jl Town of Southold L WRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. All applicants for permits' including Town of Southold agencies, sha com 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. SOlltnGld Town BiJ8fl1 of TrlJsler;>s 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 South old 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 South old Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the L WRP 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 L WRP policy standards and conditions. If an action cannot be certified as consistent with the L WRP policy standards and conditions, it shall not be undertaken. A copy of the L WRP is available in the follO\.\Ïng places: online at the Town of South old'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# 014 02 003.14 The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees ~ 1. Category of TOl.'ill of South old 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) o o ~ (c) Permit. approval. license, certification: Nature and extent of action: Applicant proposes to construct a BLUFF STAIRWAY within the northeastern section of subiect propertv in order to eain access to the shoreline of Lone Island Sound located contieuous to subiect propertv Attach additional sheets if necessary . . Location of action: 1640 Grandview Drive: Orient: Town of Southold. NY Site acreage: 0.9 acre ± Present land use: Improved w/sin!!le familv dwellin!! and related appurtenances Present zoning classification: 2, lfan application for the proposed action has been filed with the Town of South old agency, the following information shall be provided: (a) Name of applicant: DAVID McELROY (b) Mailing address: P.O. Box 206: Orient. NY 11957 (c) Telephone number: Area Code ( 631 ) 495 - 2303 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? YesD No~ If yes, which state or federal agencyry 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 L WRP Section III - Policies: Page 2 for evaluation criteria. ~ Yes 0 No 0 Not Applicable Subject proposal is consistent with the policy in that the siting and utilization of the proposed bluff stairway will maintain the character of the surrounding neighborhood, which currently consists of many similarly-improved residential lots with similar accessory structures (i.e. access stairs to the contiguous shoreline of Long Island Sound). In addition, subject proposal will be in harmony with the "...beneficial use of a coastal location..." in that the legally created residential waterfront Ii.e. coastal I lot will be enhanced by the inclusion of the proposed bluff stairway in order to access the shoreline of Long Island Sound. 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 L WRP Section III - Policies Pages 3 through 6 for evaluation criteria DYes 0 No ~ Not Applicable Policy 2 is not applicable in that subject lot and the surrounding neighborhood cannot be deemed a substantial historic and/or archaeological resources. . . Policy 3. Enhance visual quality and protect scenic resources throughout the Town of South old. See L WRP Section III - Policies Pages 5 through 7 for evaluation criteria ¡:g¡ Yes D No D Not Applicable Subject proposal will not adversely impact the visual quality of the surrounding area in that the surrounding area is currently comprised of properties improved with singl...family dwellings and related appurtenances, including bluff stairways of equal, if not greater, size and scope. Scenic resources, assumedly views of Long Island Sound to the north, are not at risk due to the low-profile nature of the proposed bluff stairway. Accordingly, this proposal will comply with Policy 3. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III - Policies Pages 8 through 16 for evaluation criteria ¡:g¡ Yes D No D Not Applicable Subject proposal will fully comply with Policy 4 in that the proposed bluff stairway will be situated significantly landward of the average high water mark (AHW) and at a minimum elevation of 10.0' above sea level. Accordingly, this proposal will comply with Policy 4. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III - Policies Pages 16 through 21 for evaluation criteria DYes D No ¡:g¡ Not Applicable Subject proposal is not applicable to this policy in that it will have no effect to the water quality/supply within the surrounding area. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function ofthe Town of South old ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria ¡:g¡ Yes D No D Not Applicable Subject proposal will maintain the quality of the surrounding ecosystem in that the proposal is low-profile in nature and will protect the vegetation situated along the bluff in that the stairway is to be elevated above said vegetation, and will offer a more environmentally favorable solution to providing access to the shoreline along the northwestern section of subject property, versus continual "foot traffic' through the vegetation thereon without the use of an elevated stairway. Attach additional sheets if necessary . . Policy 7. Protect and improve air quality in the Town of Southold. See L WRP Section III - Policies Pages 32 through 34 for evaluation criteria DYes D No cg¡ Not Applicable Subject proposal is not applicable in that the proposal is simply to improve subject property with a bluff stairway which will not result in any form of adverse effects to air quality. AccordinRly, this proposal is not applicable with this policy. Attach additional sheets ¡fnecessary Policy 8. Minimize environmental degradation in Town of South old from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 tbrough 38 for evaluation criteria. DYes D No cg¡ Not Applicable Subject proposal is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutants, 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 L WRP Section II[ - Policies; Pages 38 through 46 for evaluation criteria DYes D No cg¡ Not Applicable Subject proposal is not applicable to this policy in that the proposal is attendant to a private dwellinR. ReRardless, this project will not impede any access to the surface waters in and around subject property and/or become detrimental to the recreational use of the surroundinR 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 iu suitable locations. See L WRP Section [11- Policies; Pages 47 through 56 for evaluation criteria DYes D No cg¡ Not Applicable Subject proposal is not applicable in that the proposal does not involve a water-dependent use (i.e. marina, aquaculture, etc.,). Attach additional sheets ¡fnecessary . . Policy II. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town Waters. See L WRP Section III - Policies; Pages 57 through 62 for evaluation criteria DYes D No ¡z;:¡ Not Applicable Subject proposal is not applicable in that the proposal does not involve any form of marine resource management (i.e. commercial fisheries, recreational fisheries, aquaculture, ete.. .). Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of South old. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. DYes D No ¡z;:¡ Not Applicable Subject proposal 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 L WRP Section III - Policies; Pages 65 through 68 for evaluation criteria. DYes D No ¡z;:¡ Not Applicable Subject proposal 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 ¡fnecessary Created on 5,'25"05 11:20 AM . . Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. 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 Waterffont 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 ofthe L WRP 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 L WRP policy standards and conditions. If an action cannot be certified as consistent with the L WRP policy standards and conditions, it shall not be undertaken. A copy ofthe LWRP is available in the following places: online at the Town of South old'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# 014 02 003.14 The Application has been submitted to (check appropriate response): Town Board D Planning Dept. D Building Dept. D Board of Trustees rg¡ I. Category of Town of South old agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capilal construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) D D rg¡ (c) Permit, approval, license, certification: Nature and extent of action: Applicant proposes to construct a BLUFF ST AIRWAY within the northeastern section of subiect property in order to !!:ain access to the shoreline of Lon!!: Island Sound located conti!!:uous to subiect property Att~H,:h ::tclcliti()n~1 o;::hf"ptc;. ifnpC'pc;.o;::::¡rv . . Policy 3. Enhance visual quality and protect scenic resources throughout the Town of South old. See L WRP Section m - Policies Pages 5 through 7 for evaluation criteria ~ Yes D No D Not Applicable Subject proposal will not adversely impact the visual quality of the surrounding area in that the surrounding area is currently comprised of properties improved with single-family dwellings and related appurtenances, including bluff stairways of equal, if not greater, size and scope. Scenic resources, assumedly views of Long Island Sound to the north, are not at risk due to the low-profile nature of the proposed bluff stairway. Accordingly, this proposal will comply with Policy 3. 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 m - Policies Pages 8 through 16 for evaluation criteria ~ Yes D No D Not Applicable Subiect proposal will fully comply with Policy 4 in that the proposed bluff stairway will be situated significantly landward of the average high water mark (AHW) and at a minimum elevation of 10.0' above sea level. Accordingly, this proposal will comply with Policy 4. Attach additional sheets if necessary Policy S. Protect and improve water quality and supply in tbe Town ofSoutbold. See LWRP Section m - Policies Pages 16 tbrougb 21 for evaluation criteria DYes D 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 Fisb and Wildlife Habitats and wetlands. See LWRP Section m - Policies; Pages 22 through 32 for evaluation criteria ~ Yes D No D Not Applicable Subject proposal will maintain the quality of the surrounding ecosystem in that the proposal is low-profile in nature and will protect the vegetation situated along the bluff in that the stairway is to be elevated above said vegetation, and will offer a more environmentally favorable solution to providing access to the shoreline along the northwestern section of subject property, versus continual 'foot traffic' through the vegetation thereon without the use of an elevated stairway. Attach additional sheets if necessary . . Policy II. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section ßI - Policies; Pages 57 through 62 for evaluation criteria o Yes 0 No r8J Not Applicable Attach additional sheets ¡fnecessary Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section m - Policies; Pages 62 through 65 for evaluation criteria o Yes 0 No r8J Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section III - Policies; Pages 65 through 68 for evaluation criteria. o Yes 0 No r8J Not Applicable Attach additional sheets if necessary Created on 5/25/05 11:20 AM £L "- ,- '- "- ~'';4_={() ~- <::- -.--- , ~ ',~ ~ -":'5~ ,~'~¿c., ~',_,'r J 3, 1 '~g2 SURVEYED FOR: DAVID J. McELROY " LONG ISLAND SOfJND -. " ....... .~PFf9:. ~ .\~~l P'-f/5 D"'TE: ....................... '" . - - - - - - - - - - - - - - - - - - - S 43'07'10"[ GRAVEl ,),'V BEliCH - - - - - [LIO £~ 5 - _ - -----"L5 -- - - - -E~ 8 - - - - -E. 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