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Home My WebLink AboutTR-6543 . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York U971-095!! Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 8, 2007 Mr. Jack Costello Costello Marine Contracting Corp. P.O. Box 2124 Greenport, NY 11944 RE: ARTHUR BURNS 3450 PRIVATE RD. #13, MATTITUCK SCTM#105-1-4 Dear Mr. Costello: In response to your question regarding the use of CCA treated lumber in the construction of bluff stairs, and in accordance with Chapter 275-11, Construction and Operation Standards, of the Southold Town Code, the use of treated lumber is permitted on the pilings and stringers, however prohibited on the decking. The decking must be constructed out of non-treated materials. Please contact our office if you have any further questions. Very truly yours, '1 u) m. IOJtUJ>ty YJ Jill M. Doherty, Vice-President Board of Trustees JMD:lms James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. 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 CERTIFICATE OF COMPLIANCE # 0274C Date November 26, 2007 THIS CERTIFIES that the staircase starting at the top of the bluff to the existing bulkhead At 3450 Private Rd" #13, Mattituck Suffolk County Tax Map # 105-1-4 Conforms to the application for a Trustees Permit heretofore filed in this office Dated 2/28/07 pursuant to which Trustees Permit #6543 Dated 3/21/07 Was issued, aud conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for a staircase starting at the top of the bluff to the existing bulkhead. The certificate is issued to ARTHUR BURNS owner of the aforesaid property. ~o<~ Authorized Signature . . James F. King, President Jill M. DOherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. 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 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 1 sl day of construction Y, constructed ~ Project complete, compliance inspection. . . TERMS AND CONDITIONS The Permittee Arthur Bums, residing at 3450 Private Rd. #13. Mattituck. NY, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: I. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating applioation may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That iffuture operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. 8. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90Y calendar days of issuance of this permit. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. . 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 SOUTH OLD March 21, 2007 Mr. Christopher F. Dwyer L.K. McLean Associates 437 South Country Rd. Brookhaven, NY 11719 RE: ARTHUR BURNS 3450 PRIVATE RD. #13, MATTITUCK SCTM#105-1-4 Dear Mr. Dwyer: The Board of Town Trustees took the following action during its regular meeting held on Wed., March 21,2007 regarding the above matter: WHEREAS, L.K. McLean Associates on behalf of ARTHUR BURNS applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated February 28, 2007, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, in accordance with Chapter 268, said application was found to be Exempt from the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on March 21, 2007, 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, 2 . . WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 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, RESOLVED, that the Board of Trustees approve the application of ARTHUR BURNS to reconstruct the existing timber staircase starting at the top of the bluff to the existing bulkhead, and as depicted on the plans prepared by L.K. McLean Assoc. received on February 28,2007. 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, Jamesk' 07 ~ President, Board of Trustees JFK/lms . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. 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: l1i1 t: hw fuJ.-A,(\ i1..J Please be advised that your application dated till J.K /07 reviewed by this Board at the regular meeting of < 1/eJ-1 / 07 following action was taken: has been and the ( /) Application Approved (see below) L-) Application Denied (see below) L-) 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 Chapter 97 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: ~f\.aJ (NJ~CWYl - ~ St). 00 TOTAL FEES DUE: $ 5'0, OD BY: James F. King, President Board of Trustees . . Telephone (63 I) 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., March 14,2007, the following recommendation was made: Moved by Jack McGreevy, seconded by James Eckert, it was RESOLVED to SUPPORT the Wetland Permit application of ARTHUR BURNS to reconstruct the existing timber staircase starting at the top of the bluff to the existing bulkhead. Located: 3450 Private Rd., #13, Mattituck. SCTM#105-1-4 Inspected by: Jack McGreevy, Don Wilder The CAC Supports the application with the Condition the top of the bluff is stabilized and horizontal stringers are used in the construction of the staircase to prevent erosion. Vote of Council: Ayes: All Motion Carried . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. 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 Southold Town Board of Trustees Field InspectionIWork session Report Date/Time: J!J.t:'/tJ7 ARTHUR BURNS requests a Wetland Permit to reconstruct the existing timber staircase starting at the top of the bluff to the existing bulkhead. Located: 3450 Private Rd., #13, Mattituck. SCTM#105-1-4 ft-0-&'-\-" L. k. (Y1e- Lew. ASl 0 L',.k" Type of area to be impacted: '\Altwater Wetland Freshwater Wetland ~und _Bay Distance of proposed work to edge of above: Part of Town Codeyroposed work falls under: l)2Ifilpt.275 ~hapt. Ill_other Type of Application: UWetland lioastal Erosion _Amendment _Administrative _Emergency _Pre-Submission _Violation Info needed~ \ 1 r 16 ~ Y r.e..lY1Pv~ Modifications: Conditions: Present Were:\./J.King ~oherty _P.Dickerson _D. Bergen_ B. Ghosio, Ir H. Cusack D. Dzenkowski Mark Terry other - - - - Mailed/Faxed to: Date: Environmental Technician Review ''''<'I''',... if Ji ri"j: + 'I' ::11 ,~ 1)'1 'ff I,: . ~.I " .. I el ,! 'r II ,- , II ., " !I If II " I! I i~ I~ i. .I ., ;' :~ + I f I I I", ~ 1,e I h' I I I l' ~ .I.Z._, " +-_ " "re. ''''' ""su.">.,.. I, '" '% ------- -z-.> I I -t-~ .' . --, J ~ . KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIliNG ADDRESS: P.O. Box 1179 Southold, NY 11971 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair 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 MEMORANDUM To: James King, President Town of Southold Board of Trustee~ J Mark Terry, Principal Planner \~(7 L WRP Coordinator 1:1AR ~ 3 (,)u/ From: Date: March 13, 2007 Re: Proposed Wetland Permit for Arthur Burns SCTM#1000-105-1-4 L.K. McLean Assoc. on behalf of ARTHUR BURNS requests a Wetland Permit to reconstruct the existing timber staircase starting at the top of the bluff to the existing bulkhead. Located: 3450 Private Rd., #13, Mattituck. SCTM#105-1-4 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of South old Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information 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 exempt from review pursuant to Chapter 268-3, Exempt Minor Actions, item B which states. "Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit ". The proposal is an unregulated activity pursuant to Chapter 111, Coastal Erosion Hazard Areas, as defined in the Town Code which states; "Stairways constructed solely for pedestrian use and built by an individual property owner for the limited purposes of providing noncommercial access to the beach." Pursuant to Chapter 268, the.Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. . . Office Use Only ~astal Erosion Permit Application _Wetland Permit Application _ Administrative Pennit Amendment!T~r/Extension ~eceived Application: J. '?ltO _..-iteceived Fee:$ J~\J ~ompleted Application~;}.~JI)I _Incomplete _SEQRA Classification: Type I_Type II_Unlisted_ _ Coordination:(date sent) _-CAC Referral Sent: J-Ift~ v7 _Date ofInspection: 3 1 01 _Receipt ofCAC Report: _Lead Agency Determination:_ Technical Review: ~blic Hearing He~J.\ I f)'J _Resolution: ",-1 ,. '- ~ r:C'. l~'" {10H V Name of Applicant ARTHUR BURNS Address 3450 PRIVATE ROAD #13 MATTITUCK, NEW YORK 11952 Phone Number:( 63)1 298-7206 Suffolk County Tax Map Number: 1000 _ 105 -01 -04 Property Location: BURNS PROPERTY, 3450 PRIVATE ROAD #13, MATTITUCK, NEW YORK (PRIVATE ROAD #13 IS A 50' ROW EXTENTING WEST OF RUTH ROAD'S WEST TERMINUS) (provide LlLCO Pole #, distance to cross streets, and location) AGENT: L. K. MCLEAN ASSOCIATES - CHRISTOPHER F. DWYER, ASSOCIATE (If applicable) Address: 437 SOUTH COUNTRY ROAD BROOKHAVEN NEW YORK 11719 Phone: 631-286-8668 (X245) If C~;;:'\, Q-~I . Board of Trustees . Application GENERAL DATA Land Area (in square feet): 243,043 SF Area Zoning: RESIDENTIAL - 80 (R-80l Previous use of property: PRIMARY RESIDENCE Intended use of property: PRIMARY RESIDENCE Prior permits/approvals for site improvements: Agency Date NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 11/6/1997 BOARD OF SOUTHQLD TOWN TRUSTEES (PERMIT # 4829) 11/21/97 _ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? x No Yes If yes, provide explanation: Project Description (use attachments if necessary): THE PROPOSED ACTION ON THE SUBJECT PROPERTY IS TO REHABILITATE THE EXISTING TIMBER STAIRCASE STARTING AT THE TOP OF THE BLUFF TO THE EXISTING BULKHEAD SYSTEM THE REHABILIATION WOULD BE CONDUCTED IN THE EXISTING FOOTPRINT OF THE STAIRS. . . Board of Trustees Application WETLANDffRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: TO REHABILITATE THE EXISTING STAIRS SITUATED ON THE NORTH PART OF THE PROPERTY WITHIN THE ORIGINAL FOOTPRINT OF THE STAIRS EXTENDING DOWN TO THE EXISTING BUILKHEAD SYSTEM. Area of wetlands on lot: o square feet (BULKHEAD IS NORTH PROPERTY LINE) Percent coverage of lot: o % Closest distance between nearest existing structure and upland edge of wetlands: 70 feet (DISTANCE BETWEEN EX. STAIRS & FACE OF EULKHEAD) Closest distance between nearest proposed structure and upland edge of wetlands: 70 feet (DISTANCE BETWEEN PROPOSED STAIRS & FACE OF BULKHEAD) Does the project involve excavation or filling? No X Y (VERY MINIMAL) es If yes, how much material will be excavated? 3 TO 5 cubic yards How much material will be filled? 3 TO 5 cubic yards Depth of which material will be removed or deposited: 1 TO 2 feet Proposed slope throughout the area of operations: MAINTAIN EXISTING SLOPE M . h' h . I '11 b d d . d THE ONLY DISTUREANCE anner In w IC matena WI e remove or eposlte : OF LAND WILL TAKE PLACE TO RE-ESTABLISH STRUCTURAL POSTS (VERTICAL) FOR THE STAIR SYSTEM. MINIMAL EXCAVATION OR FILLING WILL BE REQUIRED ALL VEGETATION REMOVED FROM THE PROJECT SHALL BE REMOVED FROM THE SITE. 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): SINCE THE OWNER HAS MAINTAINED THE BULKHEAD SYSTEM ASSOCIATED WITH THE PROPERTY, THE REHABILITATION OF THE EXISTING STAIR SYSTEM SHALL RE-ESTABLISH ACCESS TO THE TIDAL WATERS (AREA BEHIND THE BULKHEAD) WITH NO ADVERSE IMPACT TO THE WETLANDS OR IMMEDIATE SURROUNDING AREA. 4It Board of Trustees APPlica!l!n COASTAL EROSION APPLICATION DATA Purposes of proposed activity: TO REHABILITATE THE EXISTING STAIR SYSTEM WITHIN THE ORIGINAL FOQTRPINT USING ENVIRONMENTALLY FRIENDLY MATERIALS Are wetlands present within 100 feet of the proposed activity? No x Yes Does the project involve excavation or filling? No x Yes If Yes, how much material will be excavated? 3 - 5 (cubic yards) How much material will be filled? 3 - 5 (cubic yards) Manner in which material will be removed or deposited: THE ONLY DISTURBANCE OF LAND WILL TAKE PLACE TO RE-ESTABLISH STRUCTURAL POSTS (VERTICAL) FOR THE STAIR SYSTEM. MINIMAL EXCAVATION OR FILLING WILL BE REQUIRED Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation ofthe project as proposed. (Use attachments if necessary) THE PROJECT WILL REQUIRE TRIMMING OF EXISTING OVERGROWN VEGETATION DIRECTLY ADJACENT TO THE EXISTING STAIR SYSTEM. IN SOME CASES THE REMOVAL OF VEGETATION WILL BE NEEDED FOR CONSTRUCTION ACCESS. THE REMOVAL/TRIMMING OF VEGETATION AND DISTURBANCE TO THE BLUFF WILL BE LIMITED DURING THE REHABILITATION PROJECT. HAYBALES, SILT FENCES AND ANY OTHER PRECAUTIONARY MEASURE SHALL BE IMPLEMENTED TO CONTROL EROSION AND SEDIMENT BEFORE, DURING AND AFTER CONSTRUCTION ACTITIVIES. THE MATERIAL TO BE USED ON THE PROJECT WILL CONSIST OF A COMPOSITE TIMBER MATERIAL (BOARDWALK BY CERTAINTEED)OR HARD WOODS. NO PRESSURE TREATED WOOD IS TO BE USED ON THE PROJECT UNLESS ON MEMBERS ARE ABOVE THE GROUND. . . I PROJECT 10 NUMBER PART 1 . PROJECT INFORMATION 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) SEQR 1. APPLICANT I SPONSOR 2. PROJECT NAME ARTHUR BURNS BURNS PROPERTY - STAIR SYSTEM REHABILITATION 3.PROJECT LOCATION: MATTITUCK, NEW YORK PRIVATE ROAD #13 (WEST OF RUTH ROAD) Municipality TOWN OF SOUTHOLD County SUFFOLK 4. PRECISE LOCATION: Street Addes.s and Road Intersections. Prominent landmarks ete - or provide map BURNS PROPERTY, PRIVATE ROAD #13 MATTITUCK NEW YORK 11952. PRIVATE ROAD #13 IS A 50 I RIGHT OF WAY THE EXTENDS WEST OF RUTH ROAD'S WEST TERMINUS. THE PROPERTY STARTS 609.36 FEET WEST OF THE END OF RUTH ROAD. 5. is PROPOSED ACTION: 0 New D Expansion o Modification { alteration 6. DESCRIBE PROJECT BRIEFL V: THE PROPOSED ACTION ON THE SUBJECT PROPERTY IS TO REHABILITATE THE EXISTING TIMBER STAIRCASE STARTING AT THE TOP OF THE BLUFF EXTENDING DOWNWARD TO THE TOE OF SLOPE (APPROXIMATELY 70 FEET BEHIND THE EXISTING BULKHEAD SYSTEM) . THE REHABILIATION WOULD BE CONDUCTED IN THE EXISTING FOOTPRINT OF THE STAIRS EXTENDING DOWN TO THE EXISTING BULKHEAD SYSTEM. ENVIRONMENTALLY FRIENDLY MATERIAL (PLASTIC COMPOSITE TIMBER and/or HARD WOODS) IS BEING PROPOSED FOR THE PROJECT. 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSEO ACTION COMPL V WITH EXISTING ZONING OR OTHER RESTRICTIONS? c:lves DNa If no, describe brlefly: THE PROPERTY OWNER HAS MAINTAINED THE EXISTING BULKHEAD SYSTEM SITUATED AT THE BOTTOM OF THE BLUFF AND IS REHABILITATING THE EXISTING STAIR SYSTEM TO RE-ESTABLISH ACCESS TO THE PROTECTED BEACH AREA. 9. WHAT is PRESENT lAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ~ Residential o Industrial D Commercial DAgriCUllUfe D Park I Forest I Open Space OOther (deS<:ribe) RESIDENTIAL - 80,000 (R-80) 10. DOES ACTION iNVOLVE A PERMIT APPROVAL, OR FUNDiNG, NOW OR ULTIMATELV FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or local) OVes CJNo If yes, list agency name and permit I appro....al: 1,. DOES ANV ASPECT OF THE ACTiON HAVE A CURRENTL V VALID PERMiT OR APPROVAL? DYes ~NO If yes, list agency name and permit I approval: THE PROPERTY OWNER RECEIVED A NYSDEC TIDAL WETLANDS PERMIT TO CONSTRUCT 200 LINEAR FEET BULKHEAD SYSTEM WITH TWO (2) 20' RETURNS IN OCTOBER 1997. THE PERMIT EXPIRED ON 10/6/01. 1K: A n~lT OF PROPOSED ACTION WILL EXISTING PERMIT J APPROVAL REQUIRE MODIFICATION? es No I~TI!7HE iNFORMATION PROViOED ABOVE IS TRUE TO THE BEST OF MV KNOWLEDGE Applicant I Sp or N~ ARTHUR BURNS, PROPERTY OWNER Date; A A ".L-... r--()7 Signature ./' ~ . r If the action Is a Costal Area, and you are a stale agency, complete the Coastal Assessment Form before proceeding with this assessment . . PART II - IMPACT ASSESSMENT ITa be c:omaleted bv Lead Aaenc:v) A. DOES ACTION EXCEED ANV TYPE I THRESHOLD IN 6 NYCRR, PART 611.4? If yes, coordinate the review process and use the FULL EAF, Dves GNo B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NVCRR, PART 617.6? If No, a negative declaration may he superseded by another Involved agency. OVes DNo C. cou LD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE. FOLLOWING: (Answers may be haodwntten, n Iaglble) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing lraffie pattem, solid waste production or disposal, potential for erosion. drainage or flooding problems? Explail briefly: I NO. THE REPAIR WORK SHALL BE CONDUCTED IN A MANNER THAT PROTECTS THE EXISTING BLUFF I AND MINIMIZES THE DISTURBANCE OF VEGETATION AND SOIL. o ... .,. . C2. Aesthetic. agricullural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: I NONE I C3. Vegetation or fauna, fish, shellfish or wildlife species. signlficant habitats, or threatened or endangered species? Explain briefly: I NONE. THE PROPOSED REPAIR WORK SCHEDULE SHALL BE SENSITIVE TO NESTING SEASON IF I APPLICABLE. . . , C4. A oommunlly.s existing plans or goals as officially adopted, or a change In usa or intensity of use of land Dr olher natural resources? Explain briefly: I NONE. I C5. Growth, subsequent development. or related activities likely 10 be Induced by 1I1e proposed action? explain briefly: I NONg lV Mgg 1 IHg:~~ ~ =~ cu::gNl NggU~ v, . IH: ~KV:gKl , UW.N~K. J C6. Long term, short term. cumulative. or other effects not Identtrted In C1-C5? Explain briefly: I NONE I C7. Other Impacts (inCluding changes In use of ellher Quantity or type of enemY? Explain brieflv: I NONE I D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? (If ,.s. explain brie11y: I o Yes 0 No I . E. IS THERE, OR IS THERE LlKELV TO BE, CONTROVERSV RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If~es explain: o Ves r:JNo I ... .. I PART III . DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above. delerminewhether It Is substantial, large, important or olherwise sIgnificant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility: (6) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient delaillo show that all relevant adverse impacts have been identified and adequately addressed. If Question d of part ij was checked yes, the determination of significance must evaluate the potential impactofthe proposed action on the environmental characteristics ofthe CEA. Check lhis box if you have Identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a posiliw declaration. Check this box if you have determined, based on the Information and analysis above and any supporting documentation, thai the proposed actio WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi determination. Name of lead Agency Date Pnnl or Type Name of Responsible Officer In LeaO Agency Title or Responsible Officer Signature of ResponSible Officer In Lead Agency Signature of Preparer (If dIfferent from responsible officer) . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. . 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 BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of MAR 1 6 2007 ();)h.., ~ ________i.~~l___________~_______________________________ COUNTY OF SUFFOLK) STATE OF NEW YORK) I, J n1ItI J,/ $(/ ~j . 11~ being duly sworn, depose and say: AFFIDAVIT OF POSTING , residing at 3?1ocJ ~ /!(;tlIFtiJ) ~ j That on the;3 day of NlLlI , 200 , I personally posted the property known as by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held IJJc:d1 Y11I1UJtA :lI 8m 7 - On. en obllLJt {p .\30 Pm. Dated: Sworn to before me this I if day of Jnqllk 200-n- ( signature) JAY E. SCHARF ~o:ary Public, Stata of New Yorl< No. 31~92:?3C9 QuaEfied [n Nassau COtl!,:ty Cor,,,,,:,,,,, l:x9!res 03l>. 11" ~Ol.) . . NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES. TOWN OF SOUTHOLD In the matter of applicant: ARTHUR BURNS SCTM# 1000 - 105 - 01 - 04 YOU ARE HEREBY GIVEN NOTICE: I. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: REHABILITATE THE EXISTING STAIR SYSTEM SITUATED ON THE SUBJECT PROPERTY. THE EXTENT OF THE REPAIR WORK WILL BE CONDUCTED IN THE ORIGINAL FOOTPRINT OF THE STAIR SYSTEM. ENVIRONMENTALLY FRIENDLY MATERIAL (NO PRESSURE TREATED TIMBER TOUCHING SOIL) SUCH AS COMPOSITE TIMBER OR HARD WOODS SHALL BE USED TO RESTORE ACCESS TO THE EXISTING BULKHEAD 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: THE BURNS PROPERTY SITUATED BETWEEN THE COOPER PROPERTY AND BRADY PROPERTY ON PRIVATE ROAD #13. THE PROPERTY CONTAINS ONE BARN, ONE TENNIS COURT, ONE POOL AND ONE PRIMARY RESIDENCE. 3. That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: A1",rc.h ...,. J-o. 7 . 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 South old and does not reference any other agency that might have to review same proposal. OWNERS NAME: MAILING ADDRESS: ARTHUR BURNS 3450 PRIVATE ROAD #13 MATTlTUCK, NEW YORK 11952 PHONE#: 631-298-7206 Enc: Copy of sketch or plan showing proposal for your convenience. . . PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Address: ~ O. ~ d J(' . \ /J . ,e..(,Ii 1,3 C t, 'f.fd A I) ,;; 610 r ,l,v",re. 0" r.J ,,'~~ v ;-./fov'/"L/:-- 119JZ-~OIt. ~Yf",,//,F"''-''l,...oo; )'- Name: PO'J/AlJ e.oof~A../ ,c.eAtYee.s &o/~.e.. .3 So Z) tfJ,r..,v... 1'e. i!.o...J- 111"'7T' F"l.I.<.-K.- tV!:"" JOLt;, r / 'if! fJ /19 r"Z..---" v'3--"J -6. w~,,-,(.,-.J STATE OF NEW YORK COUNTY OF SUFFOLK 3450 PRIVATE ROAD #13 MATTlTUCK NEW YORK ARTHUR BURNS , residing at , being duly sworn, deposes and says that on the 2-'S"'h day of 3"-'r , 200', 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 there 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 ofthe Town of Southold; that said Notices were mailed at the United States Post Office at MATTITUCK , that said Notices iled to each of said persons by (certified) (registered) mail. th Sworn to before me this 25 Day of 0.1>...\,- ,20~ ~~iC ~ P. wtlIft ....,,...,,.. .,....,.. ...... II ..r" ---- ~._. . ......... ....... . Board of Trustees APPlicttion County of Suffolk State of New York ARTHUR BURNS 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 APPLICA nON 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 APPLICA TION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENT A TIVES(S), TO ENTER ONTO MY-PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WlTH7REV-Ilj:W OF THIS APPLICATION. J:Il. C - Signature SWORN TO BEFORE ME THIS 25 DAY OF 3.0- 2001 '- 'N~~ AN~It.WMI1"I NoIUY Publo, .... .,....VM ....01_ _"_0...111_ --- 4It Board of Trustees APp~ica~n AUTHORIZA nON (where the applicant is not the owner) I, ARTHUR BURNS residing at 3450 PRIVATE ROAD #13 (mailing address) (print owner of property) MATTITUCK, NEW YORK 11952 do hereby authorize CHRIS DWYER (Agent) OF L.K. MCLEAN ASSOCIATES PC to apply for permit(s) from the Town Trustees on my behalf. . . Town of Sonthold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Watemont 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 Watemont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the L WRP 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# 1000 105 01 - 04 The Application has been submitted to (check appropriate response): Town Board G Planning Dept. G Bnilding Dept. G Board of Trustees IlJ I. 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) G G (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: [E Nature and extent of action: TO REHABILITATE THE EXISTING STAIRS SITUATED ON THE NORTH PART OF THE PROPERTY WITHIN THE ORIGINAL FOOTPRINT OF THE STAIRS EXTENDING DOWN TO THE EXISTING BULKHEAD SYSTEM. . . Location of action: BURNS PROPERTY - 3450 PRIVATE ROAD #13 - MATTlTUCK - NEW YORK Site acreage: 5.5795 Present land use: PRIMARY RESIDENCE Present zoning classification: R-80 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: ARTHUR BURNS (b) Mailing address: 3450 PRIVATE ROAD #13 MATTlTUCK, NEW YOR 11952 (c) Telephone number: Area Code ( ) 631-298-7206 (d) Application number, ifany: PREVIOUS APPLICATION # FROM BULKHEAD WORK = 4829 Ill/21/97} Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes D No0 If yes, which state or federal agency? 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 D No D (NotApplicable-pleaseexplain) THE PROPERTY OWNER INTENDS ON REHABILITATING EXISTING INFRASTRUCTURE FOR THE BENIFICIAL USE OF A COASTAL LOCATION (LONG ISLAND SOUND) . THE PROJECT WILL RESTORE THE CHARACTER OF THE PROPERTY BY RE-ESTABLISHING ACCESS TO THE BULKHEAD-PROTECTED COASTAL AREA. 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 c:a Yes c:a No CJ (Not Applicable-please explain) THE PROPOSED ACTION WILL MINIMIZE DEMOLITION AND WILL UTILIZE THE SAME LOCATION OF THE STAIR STRUCTURE TO AVOID RELOCATING THE STAIRS. THE WORK WILL NOT REQUIRE EXCAVATION AND FILLING OF AREAS THEREFORE WILL NOT AFFECT ARCHAEOLOGICAL RESOURCES OF THE TOWN OF SOUTHOLD. . . Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See L WRP Section III - Policies Pages 6 through 7 for evaluation criteria rn Yes G No G (Not Applicable - please explain) THE PROJECT INTENDS ON REPLACING DEGRADED MATERIALS PRESENTLY ON THE STAIR STRUCTURE AND REPLACE WITH ENVIRONMENTALLY FRIENDLY MATERIAL IN KEEPING WITH THE HISTORICAL RELEVANCE OF THE EXISTING ACCESS-NAY. 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 [8 YesG NoG (Not Applicable-please explain) THE PROPERTY OWNER HAS CONSTRUCTED (WITH TOWN AND STATE APPROVALS) A 200 LINEAR FOOT BULKHEAD SYSTEM ALONG THE NORTH PROPERTY BOUNDARY ON THE SUBJECT PROPERTY. THE BULKHEAD PROTECTS THE AREA BETWEEN THE TOE OF BLUFF AND BULKHEAD WHICH VARIES IN WIDTH FROM 70' TO 100'. THE REHABILITATION OF THE EXISTING STAIR STRUCTURE WILL NOT EFFECT NATURAL RESOURCES FROM FLOODING AND/OR EROSION. 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 G Yes G No G (Not Applicable - please explain) THE PROPERTY OWNER INTENDS ON USING A COMPOSITE TIMBER MATERIAL FOR THE STAIR STRUCTURE RESTORATION. NO CHEMICALLY TREATED TIMBERS THAT TOUCH SOIL ARE TO BE USED ON THE REHABILITATION. NO GROUNDWATER OR SURROUNDING WATERS SHALL BE AFFECTED AT ALL BY THE STAIR REHABILITATION. 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. [B Yes G No G (Not Applicable - please explain) THE PROJECT DOES NOT REQUIRE ANY EXCAVATION AND/OR FILLING OF AREAS. REMOVAL OF VEGETATION DIRECTLY OVERGROWN/OVERHANGING ON THE EXISTING STAIR STRUCTURE WILL BE REQUIRED. THE PROJECT WILL BE . . SENSITIVE NOT TO DISTURB ANY VEGETATION OR ECOSYSTEMS DIRECTLY ADJACENT TO THE STAIR STRUCTURE. THE OWNER INTENDS ON INSTALLING INDIGENOUS PLANTINGS WHEN NECESSARY FOR REDEVELOPMENT. 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. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [B Yes G No G (Not Applicable - please explain) THE PROJECT WILL NOT REQUIRE HEAVY CONSTRUCTION EQUIPMENT AND WILL LIMIT ANY PIECES OF POWER ~QUIPM~NT THAT PRODUCE EMISSIONS. THb.: PH.OJECT IS SUPPORTJ:o:D MAINLY BY STANDARD CARPlilil'RY & LABOR. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [B Yes 0 No G (Not Applicable - please explain) THE PROJECT SHALL MAXIMIZE THE RE-USE OF EXISTING MATERIALS AND REMOVE ANY DELETERIOUS MATERIALS AS A RESULT OF THE REHABILITATION PROJECT. ANY AND ALL WASTE MATERIALS SHALL BE DISPOSED OF AT A PERMITTED DISPOSAL FACILITY. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, pnblic lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ca YeD No [B (Not Applicable - please explain) NOT A PUBLIC FACILITY. PRIMARY RESIDENCE. 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. ca Yes D No [1J (Not Applicable - please explain) NOT A PUBLIC FACILITY. A PRIVATE RESIDENCE. NOT ZONED MARINE I OR II. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resonrces in Long Island Sound, the Peconic Estuary and Town waters. See L WRP Section III - Policies; Pages 57 through 62 for evaluation criteria. G Yes D No ca Not Applicable - please explain THIS PROJECT WILL RESTORE ACCESS TO LIVING MARINE RESOURCES IN THE LONG ISLAND SOUND WATERS. 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. ca Yes D No [1J Not Applicable - please explain THE PROPOSED ACTION DOES NOT AFFECT AGRICULTURAL LANDS IN THE TOWN OF SQUTHOLD. 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. ca Yes D No G:3 Not Applicable - please explain lH~ ~KUu~Ll uu~~ NUL HAV~ ANY lM~~Ll UN IH~ U~~ UV hNhKul UK IHh UhVhLU~MhNl Ur ~hKul. ltih ~lAIKS UU NUL ~KUMUl~ V~HICLh U~h ur ANY SURl. TITLE: ASSOCIATE PREPARED BY; CHRISTOPHER F. DWYER OF L_K. MCLEAN ASSOCIATES. PC. SIGNATURE: DATE; FEBRUARY 19, 2007 C/.- _A"..L........ () ,c JJ-~ LI[i\\i\ . . L. K. McLean Associates, P.c. 437 South Country Road. Brookhaven. New York. 11719 CONSULTING ENGINEERS (631) 286-8668 . FAX (631) 286-6314 EUGENE F. DALY, P.E., P.T.a.E.n.!, PRESIDENT and C.E.O. RAYMOND G. DiBIASE. P.E., P.T.D.E.1M, EXECUTIVE VICE PRESIDENT JOSEPH F. CLINE, P.E., VICE PRESIDENT ROY R. FULKERSON, P.LS., VICE PRESIDENT ALBERT T. DAWSON, P.E., VICE PRESIDENT Associates CHRISTOPHER F. DWYER JAMES L DeKONING, P.E. ROBERT A. STEELE, P.E. February 22, 2007 Town of South old Board of Trustees 53095 Route 25 P.O. Box 1179 Southold, New York 11971 Attn: James King, President r[~ o e ,_ L I~ ~;7 Re: Arthur Bums Property - 3450 Private Road #13 Mattituck, NY 11952 Submission to Board of Trustees - Rehabilitation to Existing Stair Structure LKMA Project: 05031.000 Dear Mr. King: As requested by Arthur Bums and pursuant to a discussion With the Town of Southold Trustee's Office (Lauren Standish), L.K. McLean has prepared the enclosed documents to be submitted on behalf of the current property owner to your office. The property owner intends on rehabilitating the existing timber stair structure at the above referenced property. All repair work shall be performed within the existing footprint of the stair structure extending down to the existing bulkhead structure. The project will utilize environmentally friendly materials such as tropical hardwoods and/or composite timbers. Treated timbers shall only be used for structural members that do not touch the ground or soil in any way. The project would require minor trimming of overgrown vegetation and would be re-vegetated with indigenous plantings and grasses. There will be minimal disturbance of the bluff and surrounding areas during the project. The Contractor will provide erosion and sediment control with the use of staked haybales, silt fence and filter fabrics. No stair platforms will exceed 32 square feet in total area as per Chapter 275 of the Town Code. Attached you will find the following completed forms: . Short Environmental Assessment Form (SEQR) - signed by Property Owner . Notice to Adjacent Property Owner wI Plot Plan . Board of Trustees Application Forms . L WRP Consistency Assessment Form . Proof of Mailing of Notice If you should have any questions regarding this submission, please do not hesitate to contact this office directly, CFD:cfd Ene. (5) CC: Arthur Bums, Property Owner w/enc. 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