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Home My WebLink About1000-105.-1-4PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To; From: James King, President Town of Southold Board of Trustees /,, Mark Terry, Principal Planner ',~qV LWRP Coordinator 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 o£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 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 exempt from review pursuant to Chapter 268-3, Exempt Minor Actions, item B which states. "Replacement, rehabilitation or reconstruction ora 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. Town of Southold A. INSTRUCTIONS LV~RP CONSISTENCY ASSESSMENT FORM 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 Waterfiont 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", 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 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.nortlffork.nst), the Board of Trustees Office, the Planning Depmhaent, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTMg iooo ios oi - o4 The Application has been submitted to (check appropriate response): Town Board ~-~ Planning Dept. ~ Building Dept ~ Board of Trustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: TO REI{ABILITATE THE EXISTING STAIRS SITUATED ON THE NORTH pART OF THE PROPERTY WITRIN THE ORIGINAL FOOTPRINT OF THE STAIRS EXTENDING DOWN TO THE EXISTING BULK]HL~D SYSTEM. Lecatien ofaction: RUm~S PROPERTY - 3450 PRIVATE ROAD ~13 - MATTITUCK - NEW YORK 5.5795 Site acreage: PRIMARY RESIDENCE Present land use: Present zoning classification: R-00 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: a~Tmm Etr~s Mailing address: 3450 PRIVATE RO~m #~3 ~TTITUCE, N~W YOR ii902 (C) Telephone number: Paea Code (). 63i-2~0-72o6 (d) Application number, if any: PP~VXOUS APPLICATION # FROM BULKHEAD WORK = 4829 {11/21/97) Will thc action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~'] No ~ 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 LWRP Section m- Policies; Page 2 for evaluation criteria. [] Yes ~ No ~ (Not Applicable - please explain) THE PROPERTY OWNER INTENDS ON REHABILITATING EXISTING INFRASTRUCTURE FOR THE B~N&~'iCIAL USE OF A COASTAL LOCATION (LONG ISL~ SOUND). T~ PROJECT WILL ~-A~RE THE CHARACTER OF THE PROP~ BY RE-ESTABLISHING ACCESS TO TI~ BULKHEAD-PROTECTED COAST/LLILREA. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section IH - Policies Pages 3 through 6 for evaluation criteria [] Yes ~'~ No [~ (Not Applicable - please explain) THE PROPOSED ACTION WILL MINIMIZE DEMOLITION AND WILL UTILIZE THE SAME LOCATION OF THE STAIR STRUL-~E TO AVOID RELOCATING THE STAIRS. THE WORK WILL NOT REQUIRE EXCAVATION AND FILLING OF i~ THEREFORE WILL NOT AFFECT i~CHAEOLOGICAL 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 LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [-~ No [] (Not Applicable - please explain) THE PROJECT INTENDS ON REPLACING DEGRADED MATERIALS PRESENTLY ON ~ STAIR STRUCTURE AND REPLACE WITH ENVIRONMENTALLY FRIENDLY MATERIAL IN KEEPING WITH THE HISTORICAL RELEVANCE OF THE EXISTING ACCESS-WAY. 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- please explain) THE PROPERTY OWNER MAS CONSTRUCTED (WITH TOWN AND STATE APPROVALS) A 200 LINEAR FOOT BULI~qEAD SYSTEM ALONG TEE NORTH PROPERTY BOUNDARY ON THE SUBJECT PROPERTY. THE BULKI{EAD PROTECTS THE AREA BETWEEN THE TOE OF BLUFF AND BULKHEAD WHICE VARIES IN WIDTH FROM 70' TO 100'. T~E RF~ILITATION 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 [] Yes [] No [] (Not Applicable - please explain) THE PROPERTY OWNER INTENDS ON USING A COMPOSITE TIMBER MATERIAL FOR THE STAIR STkut"l'uR~ 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 P.F~ILITATION. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [-~ No [] (Not Applicable - 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 Pi4%NTINGS WNEN NECESSARY FOR REDEVELOPMENT. 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. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes ~-~ No [] (Not Applicable - please explain) THE PROJECT WILL NOT REQUIRE HEAVY CONSTRUCTION EQUIPMENT AND WILL LIMIT ANY PIECES OF POWER Attach additional sheets if necessary POlicy 8. MinlmiT~ environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section IH - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] (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, public lands, and public resources of the Town of Southold. See LWRP Section IH - Policies; Pages 38 through 46 for evaluation criteria. ~'~ Ye~ No ~-~ (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 HI - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No [] (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 resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section HI - Policies; Pages 57 through 62 for evaluation criteria. ~-~ Yes ~ No [] Not Applicable - please explain THIS PROJECT WILL RESTORE ACCESS TO LIVING MARINE RESOURCES IN T~ LONG ISLAND SOUND WATERS. Aiiach additional sheets if necessary Policy 12. Proteci agricultural lands in the Town of Southold. See LWRP Section HI - Policies; Pages 62 through 65 for evaluation criteria. ~-~ Yes ~ No [-~ Not Applicable - please explain THE PROPOSED ACTION DOES NOT AFFECT AGRICULTURAL LANDS IN THE TOWN OF SOUTHOLD. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of enerl~' and mineral resources. Sec LWRP Section HI - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No ~-~ Not Applicable - please explain PREPARED BY: CHRISTOPHER F. D~ER OF L.K. MCL~ ASSOCIATES. PC. TITLE: ASSOCIATE DATE: ~BRU~Y 19, 2007 SECTION OF LANDING STAIRWAY SECTION SECTION OF STAIRWAY