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HomeMy WebLinkAboutTR-6945 L 2 8 2008 $olthhold Town Board of Tn~stees 90 92 94 BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6945 DATE: AUGUST 20~ 2008 ISSUED TO: BARRY BARTH PROPERTY ADDRESS: 2040 CENTRAL DRIVE~ MATTITUCK SCTM# 106-1-26 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 11 l of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on August 20, 2008, and in consideration of application fee in the sum of $250.00 paid by Bang Barth and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permik~ the following: Wetland Permit for the existing bluff stairs with the addition of supports under stairs where erosion is occurring, and existing decks 25'x16' and 12'x13' attached to each other, with the condition that when the structures need to be rebuilt/repaired they are to conform to the Southold Town Code, Chapter 275-Wetlands and Shoreline, and no further excavation is to occur in the area around the stairs and associated platforms, and as depicted on the survey prepared by Nathan Taft Corwin III, last dated April 22, 2005, and received on July 28, 2008. 1N WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Per~nittee Barr~ Barth, residing at 2040 Central Drive, Mattituck, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 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. 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. 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. 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 application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 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. That if future 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. That the said Board will be notified by the Permittee of the completion of the work authorized. 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 August 20, 2008 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Barry D. Barth 2040 Central Drive Mattituck, NY 11952 RE: 2040 CENTRAL DRIVE, MATTITUCK SCTM# 106-1-26 Dear Mr. Barth: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, August 20, 2008 regarding the above matter: WHEREAS, BARRY BARTH 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 July 28, 2008, 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, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: when structures need to be rebuilt/repaired, they are to conform to the Southold Town Code, Chapter 275 - Wetlands and Shoreline and approved by the Board of Trustees, no further excavation is to occur in the area around the stairs and associated platforms, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on August 20, 2008, 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, 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 for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of BARRY BARTH for the existing bluff stairs with the addition of supports under stairs where erosion is occurring, and existing decks 25'x16' and 12'x13' attached to each other, with the condition that when the structures need to be rebuilt/repaired they are to conform to the Southold Town Code, Chapter 275-Wetlands and Shoreline, and no further excavation is to occur in the area around the stairs and associated platforms, and as depicted on the survey prepared by Nathan Taft Corwin Ill, last dated April 22, 2005, and received on July 28, 2008. 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: $ 0.00 Very trulyyours, James F. King President, Board of Trustees JFKJeac Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box l 179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., August 13, 2008, the following recommendation was made: Moved by James Eckert, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the Wetland Permit application of BARRY BARTH for the existing decks 25'X 16' and 12'X 13' attached to each other. Located: 2040 Central Dr., Mattituck. SCTM#106-1-26 Inspected by: Jack McGreevy The CAC Supports the application for the existing decks, however, could not inspect the stairs because of the dense vegetation, therefore offers no recommendation. Vote of Council: Ayes: All Motion Carried James F. King, President Jill M. Doheny, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: ~'- t~'-~? '~',~ BARRY BARTH requests a Wetland Permit for the existing bluff stairs and existing decks 25'X 16' and 12'X 13' attached to each other. Located: 2040 Central Dr., Mattituck. SCTM#106-1-26 Type of area to be impa, F,j~: L_~l~erWetland ~ Freshwater Wetland Distance of proposed work to edge of wetland ~Chaf Town Code proposed work falls under: pt.275 Chapt. 111 other V~Sound Bay Type of Application: __Wetland Coastal Erosion Amendment __Administrative__Emergency --Pre-Submission -- Violation Modifications: Conditions: Present Were:__ . ing J.Doherty~ickerson . ergen__ hosio, D. Dzenkowski ~ark Terry ~/other..~.~, Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician Review- ToWN OF sOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF oCCUPANCY Date: 10__~1!0~ No: Z-31206 THIS CERTIFIES ~hmt the building ACCESSORY MATTITUCK Location of Property:' 2040__ CE___NTP~-L D~ ~ (HOUSE NO.) (STREET) (HAMLET) County TaX Map No. ~73889 Section 106 Block~ Lot ~6 _ subdivision ~ .. Filed Map No. Lot No. _ conforms substantially to the Application for Building permit heretofore · ~ - ~ purs,,snt to which filed in this office~datecl _JANUARY 4, 2005 Building Permit No. '30880-Z. dated JANUARY 5_, 200~5 %~'~{~'~ - - ---~' .... s' of the applicable - n~ormS to all Ot the · ' ns of the '~-:~h~ occupancy for which this certificate is issued -- "~'~ ~'' --- - AS PER cONDITIONS OF ZBA $5625_ DATED 3.2/2/04. The certificate is issued to BARRY D BARTH of the ~foresaid h~ilding. -~U~-OLK coUNTY DE~ OF HEALTH APPROVAL ELBakr~ICAL c~RTIFIC~TE NO. (OWNER) N/A N/A __ A~thorized Si9n~ture ~FFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: Jim King, President Town of Southold Board of Trustees From: Scott Hilary, LWRP Coordinator Date: August 13, 2008 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for BARRY D. BARTH SCTM#106-1-26 BARRY BARTH requests a Wetland Permit for the existing bluff stairs and existing decks 25'X 16' and 12'X 13' attached to each other. Located: 2040 Central Dr., Mattituck. SCTM# 106-1-26 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the following LWRP policy standard and therefore is INCONSISTENT with the LWRP. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the SouthoM 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 permit conditions. The existing decks, 25' x 16' and 12' x 13' (Figure #1) are not permitted on or near the bluff pursuant to § 275-11 and furthermore five of the six platforms (Figure #2) associated with the beach stairs are not in compliance with § 275-11. § 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (6) Decks and platforms. No decks or platforms shah be permitted on or near bluffs. Platforms associated with stairs may not be larger than 32 square feet Figure #1 Existing decks; 25' x 16' and 12 x 13' Figure #2 Two of the six platforms associated with the beach stairs. If the Agency~ Board of Trustees makes a contrary determination of consistency, the Agency shall elaborate in writing the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. H. In the event the LI47RP Coordinator's recommendalion is that the action is inconsislent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for ils disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WRP policy standards. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. 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 Office Use Only ~oastal Erosion Permit Application __Wetland Permit Application Administrative Permit R AmendmenffTrans fer/Extension eceiv~d Application: 71o~/19~ . eceived Fee :$~ '5~>~-~) A~Completed Application "] } ~ (~,i~ ~'-- -- Incomplete SEQRA Classification: Type I Type II__Unlisted Coordination:(date sent) ,.,,L-'WRP Consistency Assessment Form -.C:~C Referral Sent: ~l ,.-DaTe of Inspection: qg Receipt of CAC Report: Lead Agency Determination: Technical Review: ?~Plc Hearing Held: Resolution: Name of Applicant Address g4^--r'r c k-; Suffolk County Tax Map Number: Property Location."~O 2'58 (provide LILCO Pole #, distance to cross streets, and location) AGENT: (If applicable) Address: Phone: of Trustees Applicatio0 GENERAL DATA Land Area (in square feet): Area Zoning: Previous use ofproperty: ~/ooc/ 5q'e,o¢ Intendeduseofproperty:~r~ e~,'d~7 WOod Covenants and Restrictions: If "Yes", please provide copy. Yes / No Prior permits/approvals for site improvements: Agency Date __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspen/ded by a governmental agency? ,/ No Yes If yes, provide explanation: Project Description (use attachments if necessary): rd of Trustees Applicatio: WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Area of wetlands on lot: AY~x square feet Percent coverage of lot: f0t~ % Closest distance between nearest existing structure and upland edge of wetlands: /~$ feet Closest distance between nearest proposed structure and upland edge of wetlands: /,)o feet Does the project involve excavation or filling? ~/ No Yes If yes. how much material will be excavated? A.) ~ cubic yards How much material will be filled? ,A) ~ cubic yards Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: fi, Jr' Manner in which material will be removed or deposited: /"t ~q feet 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): of Trustees Applicatio0 GENERAL DATA Land Area (in square feet): Area Zoning: Previous use of property: Intended use of property: o{e¢ {, Covenants and Restrictions: Yes ~/ No If "Yes", please provide copy. Prior permits/approvals for site improvements: Agency Date .13 ,i !o-,,-2oo? __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? ~' No Yes If yes, provide explanation: Project Description (use attachments if necessary): of Trustees Applicati WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Area of wetlands on lot: ,/~/q square feet Percent coverage of lot: /O p % Closest distance bet~veen nearest existing structure and upland edge of wetlands: ~ ~ feet Closest distance between nearest proposed structure and upland edge of wetlands: g-'/~ feet Does the project involve excavation or filling? · ' ~ No Yes If yes, how much material will be excavated? /L,~ cubic yards Ho~v much material will be filled? A,~ b cubic yards Depth of which material xvill be removed or deposited: Proposed slope throughout the area of operations: Mmmer in which material will be removed or deposited: feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may r_e_sult by reason of such proposed operations (use attachments if appropriate): of Trustees Applicatio0 COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Are wetlands present within 100 feet of the proposed activity? No ~/ Yes Does the project involve excavation or filling? ,~ No Yes If Yes, how much material will be excavated? ,flJ~ (cubic yards) How much material will be filled? (cubic yards) Maimer in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EY~,CEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL FAF. E]Yes ~'No 6. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617,67 If No, a negative declaration may b superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1 Existing air quality, surface or groundwa er qua ty or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: s e c agr cu ural, archaeological, histonc or other natural or cultural resources or commundy or neighborhood character? Explain bnefly C3. Vegetation or fauna, fish, shellfish or w d fe species, significant habitats, or threatened or endangered species? Explain briefly: C5. (;o i Cub~;q'~t ~ev;io~m';ni 0~ r~i'ai~l activtiieS likely to be induced by the proposed action? Explain briefly: CO. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: ' D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICA ENVIRON MENTAL AREA (CEAI? tit yes, ex~lain brieflv: E ~S THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL MPACTS? If yes exp a n PART Itl - DETERMINATION OF SIGNIFICANCE (To be coropleted by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, ~roportant or otherwise significanb Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability el~ occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting roaterials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been idenfi§ed and adequately addressed. If question d of part ii was checked ~s,, t he det~rn~i~atiop, of cig ~!,¢,'ca~,,c e must cvaluate~hepetenfial impacWef thecr-oposed aetion on the ecrclronmerAal characteristic~of the C,'-A Check this box if you have identified one or more potentially la rge or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positiVe declaration. Checl( this tiox f ySd flare ~lei~rnined, b~sed e~ {he ~nformafion and analysis ~bove and any Supped ng document~i0n, that ih~ ~ropo~d ~cti0n WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons suppoding this determination. Name of Lead Agency Date Title of Responsible Officer Signature of Preparer (if different from responsible officer) Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency 617.20 PROJECT ID NUMBER APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) 1~ APPLICANT / ~ 2. PROJECT NAME 4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc -or provide map IS PROPOSED ACTION: ~ New ~Expansion ~MoOification/alteration 6 DESCRIBE PROJECT BRIEFLY: SEQR 7 AMOUNT OF LAND AFFECTED: ~ ,,~'~" ~'~ ~"~. Initially acres Ultimately' acres 8 WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [~Yes [] No If no, describe briefly: ~9 W AT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) b~Residential ElIndustrial F~lCommercial E~]Agriculture [~Park/Forest/OpenSpace E~]Other (describe) 10.' DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) E~] Yes ~-~No If list name and / yes, agency permit approval: T% DOb5 ANY ASPECI OF FNE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL'~ ~¢'Yes [---qNo If yes, list agency name and permit / approval: ~ ~t~- ~' ~ 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIt/ APPROVAL RE~IRE MO~FICATION? ~es ~o I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Signature t/° Z7'08 / If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) Z PROJECT NAME SEQR Municlpadty j~'% 1 T t F(..~ ~.,~- PRECISE LOCATION: Street A,ddess and Road Intersections, Prominent landmarks etc -or provide map &IS PROPOSED ACTION: ~ New ~Expansion ~Modificat,on/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: /~ Initially acres Ultimately acres 8, WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? E~Yos [] NO If no, describe briefly: 9. WHAT IS PRESENT LAND USE iN VICINITY OF PROJECT? (Choose as many as apply.) J~Residential J~Jlndustrial J---JCommercial [~jAgriculture E~] Park / Forest / Open Space J~JOther (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) E]Yes JZ]No If yes, list agency name and permit / approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ]Yes [~o If yes, list agency name and permit / approval: 12, AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantsignature 1%~le~r~Name '"~ ~ T'C~.~ L/~/t~ r~ ~/'~""'~ Date: · '7' 2-7- 08 If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. [~] Yes [---]No B WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 61767 If No, a negative declaration may be superseded by another involved agency, C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible} C1 Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2 Aesthetic, agricultural,' amha~ologicall historic, or other natural Or cultural resources; or community or neighborhood character? Explain briefly: ' 'ldl'f species, significant habitats, or threaiened or end'angered species? Explain briefly: C3 Vegetabon or fauna fish shellfish or w~ ~ e C4. A community's existing plans or 9Dais as officially adopted, or a change in use or intensity of us_e of land or ~ther natural resources? Explain briefly: C7 Other impacts (including changes !n ~se of either quan!i[y or [¥p~ of ener~}'? Expla!n briefly: D WILL THE PROJECT HAVE AN iMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEAt? If },es, explain briefl}~: E. S THERE, OR S THERE L KELY TO BE CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS'~: If ves explain: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determinewhether it is substantial, large, important or otherwise 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; (e) geographic scope; and (0 magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed d irecfly to the F EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actiol 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 Title of Responsible Officer Signature of Preparer (If different from responsible officer) Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency 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 ....... .......................... COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ~r~r~ _~. ~/4ir~/ , residing at ~oqo Ce,~")-r-t~ [ being duly sworn, depose and say: That on the ~ day of ,4,~).o3'~, 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 (./)~ff. t"/it 04L4'f 6/O. c~(.~ - Dated: ~'U~LI~3 ~ 200 ~ (signature)// Swom.t,o before me this //qotary eublF TRISHA B. GREEN Notary Public, Sta!e of New York No. 01GP,6007700 Oualified in Suffolk County Commission Expires May 26, 20 7 Name: PROOF OF MAILING OF NOTI E/ A Address: James and Chris Meskouris 127 Beverly Road Douglaston Manor. NY 11362 Vicki P. Haupt 210 Central Park South. Apt. 9 NY, NY 10019 Michael and Karen Davidson 116 Rita Drive, East Meadow, NY 11554 James and Georgia Orfanos 48-06 248~ Street, Little Neck, NY 11362 STATE OF NEW YORK COUNTY OF SUFFOLK ~t.,,-t.~,.~ .~. ~'S',o,~'x'l/_ residing at ~,~O ~ ~ '[' ~ 'r' oc ~ ~ ~d~/_! ?~'~, being duly sworn, deposes ~d says ~at on ~e day of ~ ~ ~ -, 20o~, deponent mailed a ~e copy of the Notice ~et fo~h in the Bo~d of Trustees Application, dkected to each of ~e above nmed persons at the ad~esses set opposite ~ere respective n~es; that ~e ad&esses set opposite the n~es of said persons ~e ~e ad.ess of s~d perso~ ~ shorn on ~e cu~ent ~sessment roll of the To~ of Southold; that said Notices were m~led at the U~ted States Post Office at ~.. { ~ :,~ ~O, that said Notices were mailed to each of said persons by (c~ified) (re, stereS) mail. Sworn to before me this Day of~_~-, 20 No~ry Public TRtSHA B. GREEN Notary Public, Sta~,e of New York No. 01GR6007700 Qualified in Suffolk County / Oommission Expires May 26, 20/0 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Barry D. Barth SCTM# 473889 106-1-26 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Approve pre existing accessory stairs and 6 landings from the top of the bluff to the bottom of the bluff as built. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Residential property 2040 Central Drive Mattituck, NY 11952 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: _ August 20.Q~20D~ - . 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 anddoes not reference any other agency that might have to review same proposal. OWNERS NAME: __Barry D.~Barth MAILING ADDRESS: 2040 Cerebral Drive Mattimck_~NY 11952 PHONE #: ~623 Eric: Copy of sketch or plan showing pr°p°sal f°r y°UF c°nvenience' /~ TEST HOLE DATA tE DUG BY McDONALD DEOSC/ENCE ON JUNE 26, 2002) 14' LOT (~ DECK TOP OF To~n of Southold LWRP CONSISTENCY ASSESSMENT FORM ao INSTRUCTIONS Alt 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. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. PROJECT NAME 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 Tfrustees Office, the Planning-D, epartment, all local libraries and the Town Clerk's office. ". ; DESCRIPTION OF SITE AND PROPOSED ACTION; ,, ~ , ~ I The Application has been submitted to (check appropriate response): TownBoard [--] Planning Board [~ Building Dept. [] BoardofTrustees F-~ Category of Town of Southold agency action (check appropriate response): (a) (b) (c) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Financial assistance (e.g. grant, loan, subsidy) Permit, approval, license, certification: Nature and extent of action: Town ~f Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions conta'med in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting and non- suooortiw, facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold ' s website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#Z/73~' lo( - t- PROJECT NAME ~ ga rz u q -~ '.~/~ ~"1- }4 The Application has been submitted to (check appropriate response): TownBoard ~] Planning Board ~ Building Dept. ~-~ BoardofTrustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Locationofaction: ,~OeqO (~'~etO4~a I ,~;z; [g4tq~f~-'/~ i~T'Offl<,/~t/7 (a) Name of applicant: (b) Mailing address: Site acreage: 0__~'.~f~q C'~CI(S o~xi(~' qt I0~i 16t a~ ~ ~C~ ~ Present zoning classification:_~5.4e_W42~ l If ~ application fur the proposed action has been filed with ~e To~ of Southold agency, the following info~ation shall be provided: (c) Telephone number: Area Code (). (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~ No ~ If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, presdrves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [~Yes [-~ No ~""Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [~ Yes ~-] No ['~/Not Applicable Locationofaction: ~Oqo Ce,OJcr-~ ?~J2-tve_ Site acreage: Present land use: '~f~e ~-X i xJCk,ae Present zoning classification: '~e~, ~/~.,,OJrla ! If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: ~-~^ ~gv/ ~'~. (b) Mailingaddress: ,20 rio ~e~r~/ (c) Telephone number: Area Code ( ) (d) Application number, i£any: Will the action be directly undertaken, require funding, or approval by a state or Federal agency? Yes [~ No [~ If yes, which state or federal agency?_ C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes ~ No [--~Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes ~ No [~/Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes [] No ~--~Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~ Yes ~ No [~Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. 'Yes No Not App~ble Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes [] No II'Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No ~/Not Applicable Attach additional sheets if necessary WORKING COAST POLICIE~ Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes ~ No Rot Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes [--] No [~Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. E3¥es No [ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes ~ No [~rNot Applicable TITLE DATE/. 27, o~ Board of Trustees Application County of Suffolk State of New York /~/~ Q ~Zv .'~ . ]-'~/~ ~-'~/4 BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/~'tt5 IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(Wa.) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS~ 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 V1RTUE OF SAID PERMIT(g), IF GRANTED. 1N COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(g) OR REPRESENTATIVES(S-), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. / / Signature v SWORN TO BEFORE ME THIS DAY OF&~ ,20 0J Notary Pubic TRISHA B. GREEN Notary Public, State o[ New York No. 01GR6007700 Qualified in Suffolk County Commission Expires May 26, 20/.~.O APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics t~rohibits conflicts of interest on the Dart of town officers and emnlovees. The unmose of this form is to t~rovide information which can alert the town of~ossible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first dame, middle initial, unless yo~ are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name,) NAME OF APPLICATION: (Check all that apply0 Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest'? means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% oftbe shares. YES NO If you answered '~YES', complete the balance of this tbrm and date and sign where indicated. Name of person employed by the Town of Southold Title Or position of that person Describe the relationship between yourself (the applicanffagent]represcntative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __A) the owner of greater than 5% of the shams of the corporate stock of the applic0nt (when the applicant is a corporation); __B) thc legal or ~neficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __C) an officer, director, partner, or employee of the applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Submitted this 2.'L day_of'~ 200/~ Signature '~_~"~ PrintName / ~'r~,*.7 1.~ ~ iz"rt4 James F~ King, President Jill M. Doherty, Vice-President Peggw 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 OTHER POSSIBLE AGENCIES YOU MIGHT HAVE TO APPLY TO N.Y.S. Dept. of Environmental Conservation (DEC) SUNY, Bldg. 40 Stony Brook, NY 11790-2356 (631) 444-0355 Mon., Wed., Fri., 8:00 AM-3:00 PM Suffolk County Dept. of Health Services 360 Yaphank Ave. Yaphank, NY 11980 852-5700 U.S. Army Corp. of Engineers New York District 26 Federal Plaza New York, NY 10278 917-790-8007 N.Y.S. Dept. of State Coastal Management 99 Washington Ave. Albany, NY 12231 518-474-6000 SURVEY OF LOT 3 MAP OF CAPTAIN KID ESTATES BLOCK No. FILE No. 1672 FILED JANUARY 19, 1949 $[TUA TED A T MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-106-01-26 SCALE 1 "=50' DECEMBER 26, 2001 JUNE 6, 2002 ADDED 100' SETBACK LINE JULY 6. 2002 ADDED PROPOSED ADDITIONS JULY 19, 2002 ADDED TEST HOLE & PROPOSED SEPTIC SYSTEM SEPTEMBER 25, 2004 UPDATED SURVEY & ADDED PROPOSED DECK OCTOBER 29, 2004 ADDED PROPOSED DECK SETBACK APRIL 22, 2005 LOCATE WOOD DECKS APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD DATE ¢-'~? 90g' AREA = 61,585.55 sq. ft. (TO ~E LINE) 1.414 ac. / / CERTIF£ED TO: BARRY D. BARTH FIRST AMERICAN TITLE INSURANCE COMPANY COUNTRYWIDE HOME LOANS, INC. OF NEW YORK TEST HOLE DATA / / ~ot (~ NYS. Lic. Ne, 50467 Nathan Taft Corw~n III Land Surveyor PHONE (6;~1)727-2090 Fax (631)727-1727 THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. \\ \