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HomeMy WebLinkAboutTR-7094 James F. King, President Jill M. Doherty, Vice-President · Peggy A. Dickerson Dave Bergen Bob Ghos±o, 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 1st day of construction ~ constructed project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7094 DATE: MAY 20, 2009 1SSUED TO: CHRIS CYPRUS PROPERTY ADDRESS: 1100 SOUND BEACH DRIVE, MATTITUCK SCTM# 99-1-4.2 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 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 May 20, 2009, and in consideration of application fee in the sum of $250.00 paid by Chris Cyprus and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct additions including an enclosed portico to the existing dwelling, and as depicted on the survey prepared by Kenneth H. Beckman, L.S. last dated October 31, 2008, and received on April 17, 2009. IN 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 Permittee Chris Cyprus, residing at 1100 Sound Beach Drive, Mattituclq New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. 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. 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 riotice, 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 Petmittee 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 Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 May 20, 2009 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Mr. Chris Cyprus 51 Sunset Boulevard Wading River, NY 11792 RE: 1100 SOUND BEACH DRIVE, MATTITUCK SCTM# 99-1-4.2 Dear Mr. Cyprus: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, May 20, 2009 regarding the above matter: WHEREAS, CHRIS CYPRUS 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 April 17, 2009, 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 issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on May 20, 2009, 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 the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees aPprove the application of CHRIS CYPRUS to construct additions including an enclosed portico to the existing dwelling, and as depicted on the survey prepared by Kenneth H. Beckman, L.S. last dated October 31, 2008, and received on April 17, 2009. 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: $50.00 Very truly yours, King President, Board of Trustees JFK/eac James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 B~ARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: fi-' ~ Please be advi6ed that your applie~tiondated _/'?/~?',' I ! '7/~,-~0 ~ has been reViewed by this Board 8t the regular meeting of and your application has been approved pending the completion Of the ' following items checked off below. __ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($,50.00) __ 1st Day of Construction ($,50:00) __ ½ Constructed ($60.00) I~Final Inspection Fee ($60.00) __ Dock Fees ($;3.00 per sq. ft.) Permit fees are now due. Please make check or money or. der payable to Town of $outhold. The fee is computed below according to the schedule of rates as set forth in Chapter 27`5 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE:$ ~<'-C9 ~ BY: James F. King, President Board of Trustees New York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 Phone: (631) 444-0365 · FAX: (631) 444-0360 Website: www.dec.state.ny, us Chris Cyprus 51 Sunset Boulevard Wading River, NY 11792 Re: Permit #1-4738-03888/00001. Dear Mr. Cyprus: March 25, 2009 In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) We are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, Deputy Permit Administrator cc: BMHP file DEC PERMIT NUMBER 1-4738-03888/00001 NEW YOR~TE DEPARTMENT OF ENVIRONMENTAL CO~VATION FACILITY/PROGRAM NUMBER(S) PERMIT Under the Environmental Conservation Law EFFECTIVE DATE March 25, 2009 EXPIRATION DATE(S) March 24, 2014 TYPE OF PERMIT · New [] Renewal [] Modification [] Permit to Construct [] Permit m Operate [] Article 15, Tide 5: Protection of Waters [] Article 15, Title 15: Water Supply [] Article 15, Title 15: Water Transport [] Article 15, Title 15: Long Island Wells [] Article t5, Tide 27: Wild, Scenic and Recreational Rivers [] 6NYCRR 608: Water Quality Certifica- tion [] Article 17, Tides 7, 8: SPDES [] Article 19: Air Pollution Control [] Article 23, Tide 27: Mined Land Reclamation [] Article 24: Freshwater Wetlands · Article 25: Tidal Wetlands [] Article 27, Title 7; 6NYCRR 360: Solid Waste Management [] Article 27, Tide 9; 6NYCRR 373: Hazardous Waste Management [] Article 34: Coastal Erosion Management [] Article 36: Floodplain Management [] Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO Chris Cyprus ADDRESS OF PERMrlWEE 51 Sunset Boulevard, Wading River, NY 11792 ITELEPHONE NUMBER 631-262-8115 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER NAME AND ADDRESS OF PROJECT/FACILITY Cyprus PropertT, 1100 Sound Beach Drive, Mattituck COUNTY TOWN Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIVITY: WETLAND # [ NYTM COORDINATES Long Island Sound I E: N: Construct additions to an existing dwelling. All work shall be done in accordance with the attached plans stamped NYSDEC approved on March 25, 2009. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this ~ermit. DEPUTY PERMIT ADMINISTRATOR: Mark Carrara AUTHORIZED SIGNATURE ADDRESS Region 1 Headquarters, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409  DATE March 25, 2009 Page 1 of 4 SPECIAL CONDITIONS 1. Notice of Commencement At least 48 hours prior to commencement of the project, the permittec and the contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of, and understand all terms and conditions o fthis permit. Within 30 days of completion ofproj ect, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 2. During construction, concrete or leachate shall not escape or be discharged, nor shall washings from transit mix trucks, mixers, or other devices enter tidal wetlands and/or protected buffer areas. 3. Any debris or excess material from construction of this project shall be completely removed from the adjacent area and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands or protected buffer areas. 4. Disturbance to natural vegetation or topography greater than 25 feet seaward of the approved structure is prohibited. 5. This permit does not authorize any alteration expansion, or replacement of existing septic systems. 6. During construction, no wet or fresh concrete or leachate shall be allowed to escape into any wetlands or waters of New York State, nor shall washings from ready-mixed concrete trucks, mixers, or other devices be allowed to enter any wetland or waters. Only watertight or waterproof forms shall be used. Wet concrete shall not be poured to displace water within the forms. 7. No Construction Debris in Wetland or adjacent Area. Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands or protected buffer areas. 8. Area of Disturbance for Structures Disturbance to the natural vegetation or topography greater than 25 feet seaward of the approved structure is prohibited. 9. No Changes to Septic System This permit does not authorize any alteration expansion, or replacement of existing septic systems. DEC PEKMIT NUMBER I Page 2 of 4 14738-03888/00001 I NEWV~K S STATE DEPARTMENT OF ENVIROI'FIVIENTAL CONSEP '.~N NOI~CATION OF OTHER PERMITTEE OBLIGAq~NS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permiilee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative o~f the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must bc available f~r inspection by thc Department it ali times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to thc Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); · b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: Regional Permit Administrator, SUNY ~ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions, orders of the enmmassioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMIT NLqMBER 1-4738-03888/00001 Page 3 of 4 AI}DITIONAL GENERAL CO--lIONS FOR ARTICLES 15 (TITLE 5), 24,~, 34 AND 6NYCRR PART 608 (TIDAL WETLANDS) If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this pernut, the structure, fill, excavation, or other modification, of the watercourse hereby authorized shall not be completed, the owners, shall, without'expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmen- tally deleterious materials associated with the project. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across or along the bed ora waterway or floodplain, deposits within any regulatory floodway, or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 5. There Shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Departmeni of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project will not contraven9 effluent limitations or other limitations or standards under Sections 301,302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 8. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 9. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by Kenneth Beckman last revised on 10/31/08. DEC PERMIT NUMBER 1-4738-03888/00001 Page 4 of 4 RETUR~ THIS FORM TO: PERMIT NUMBER: PROJECT LOCATION/ADDRESS: CONTRACTOR NAME: COMPLIANCE Madne Habitat Protection NYSDEC 50 Circle Road - SUNY Stony Brook, NY 11790-2356 OF COMMENCEMENT OF CONSTRUCTI~ "'"' OR FAX TO: 631-444-0297 ISSUED TO: ADDRESS: TELEPHONE: Dear Sir: Pursuant to General Condition of the referenced permit, you are hereby notified that the authorized activity shall commence on · We certify that we have read the referenced permit and approved plans and fully understand the authorized project and all permit conditions. We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plans· We can do so in full compliance with all plan notes and permit conditions. The permit sign, permit and approved plans will be available at the site for inspection in accordance with general Condition No. 1. (Both signatures required) PERMITEE DATE CONTRACTOR DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS A T LEAST TWO DA YS PRIOR TO COMMENCEMENT OF THE PROJECT AND /OR ANY ASSOCIATED REGULATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE A T THE WORK SITE FOR THE DURA TION OF THE PROJECT MA Y SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENAL TIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. Cut along this line ~ x ~ ~< ~< NOTICE OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO: COMPLIANCE Madne Habitat Protection NYSDEC 50 Cimle Road - SUNY Stony Brook, NY 11790-2356 OR FAX TO: 631-444-0297 PERMIT NUMBER: ISSUED TO: PROJECT LOCATION/ADDRESS: CONTRACTOR NAME: ADDRESS: TELEPHONE: Dear Sir: Pursuant to General COndition of the referenced permit, you are hereby notified that the authorized activity was completed on · We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures required) PERMITEE DATE CONTRACTOR DATE THIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY, AS APPROPRIATE, MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. 95-20-1 (11/03) -gd New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer tothe permit number shown when contacting the DEC. Permit Number Expiration Date Regional Permit Administrator ROGER EVANS NOTE: This notice is NOT a permit Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 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., May 13, 2009, the following recommendation was made: Moved by James Eckert, seconded by Don Wilder, it was RESOLVED to SUPPORT the Wetland Permit application of CHRIS CYPRUS to construct additions to the existing dwelling. Located: 1100 Sound Beach Dr., Mattituck. SCTMC~J9-1-4.2 Inspected by: Don Wilder, James Eckert The CAC Supports the application with the Condition gutters and drywell are installed to contain the roof run-off and the existing non-turf areas are maintained. Vote of Council: Ayes: All Motion Carried James F. King, President Jill M Dohe~ty. Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio. Jr. P.O. 8ox I I79 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: CHRIS CYPRUS requests a Wetland Permit to construct additions to the existing dwelling. Located: 1100 Sound Beach Dr., Mattituck. SCTM#99-1- 4.2 Type of area to be impacted: ~-SaltwaterWetland Freshwater Wetland '~ Sound Bay Distance of proposed work to edge of wetland ~own Code proposed work falls under: .275 L.,.efcapt. 111 other Type of Application: ~¥¢'etland ~astal Erosion ~Ad ministrative__Emergency Pre-Submission __Amendment Violation Info needed: Modifications: Conditions: Present Were: b~J.King "-,,~Doherty__P.Dickerson __ __ D. Dzenkowski t~__other "5c Form filled out in the field by t~D. Bergen~.Ghosio, Mailed/Faxed to: Date: Environmental Technician Review- OFFICE 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 Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: May 6, 2009 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetlands permit for CHRIS CYPRUS SCTM#99-1-4.2 CHRIS CYPRUS requests a Wetland Permit to construct additions to the existing dwelling. Located: 1100 Sound Beach Dr., Mattituck. SCTM#99-1-4.2 THE FOLLOWING SECTION ADDRESSES THE PROPOSED 22.5' X 16.1', 3.6' X 6.5' AND 4.0' X 12.5' ADDITIONS: 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 us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. 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 ___/Coastal Erosion Pem~it Application ~_~Wetland Pernfit Application Administrative Permit  Amendment/Tr and fe~'/Extend ion ~eceivcd Application: g Received Fee:$ ~"Completed Application Incomplete SEQRA Classification: Type I Type II Unlisted Coordmation:(date sent). ....-A~VRP Consistency As~ses, sment Form ,5"fl ] 0 q ~C Refe,Tal Sent: ~ Il / 0'~ ' ~,~Xte of Inspection: A-~//~ Receipt ofCAC Rep~t: __ Lead Agency Determination: Teclmical Review: · &%'Tic Hearing Held: Resolution: Name of Applicant Address ,~/ Suffolk County Tax Map Number: 1000 - (~ ? ~ PropertyLocation: I ]~O ~Oot,~jS~',~C Iq Phone (provide LILCO Pole #, distance to cross streets, and location) AGENT: I' C Q,~ l 5 (1 f applicable) Address: Phone: Land Area (in square feet): Area Zoning: Previous use of property: Intended use of property: GENERAL DATA Prior permits/approvals for site improvements: Agency /t/ y, s Da~e .1% ~t I~0 31~5- __ No prior permits/approvals for site improvements. Has any permil/approval ever been revoked or suspeqded by a governmental agency? /~ No Yes If yes, provide explanation: Project Description (use attachments if necessary): Bo~d of Trustees A~plication WETLAND/TRUSTEE LANDS APPLICATION DATA Purposeoftbeproposedopemtions: ~cAVfe. JV /~t-~- 0.~¢~,,+ ~-h~ Area of wetlands on lot: tv ] '~? 300 square feet Percent coverage of lot: 3 Closest distance between nearest existing structure and upland edge of wetlands: ~ (~ feet Closest distance between nearest proposal stmcmm and upland edge of wetlands: r-~ ~9 feet Does the project involve excavation or filling? , 4'00 If yes, how much material will ~ excava~? 1] ~0 0 cubic y~ds How much m~fi~ will ~ fill~? ~O0 cubic y~ mpm of which material will ~ mmov~ or d~sit~: ~ f~t Manner in which material will be removed or deposited: Statement of the effect, if any, on the wetlands and tidal watem of the town that may result by mason of such proposed operations (use attachments if appropriate): B*d of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: /'~0 ~ ~.~ I ne plo V ~ t,a d',., ~- 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? I/(o6/0 How much material will be filled? 600 Manner in which material will be removed or deposited: _(cubic yards) ~ (cubic yards) Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) ~-03'~ ¢'t /¢~I 04-.+~,,'~ ~c< ,'s ciI.'~J7 y PROJECT ID NUMBt[R PART 1 * PROJECT INFII)RI~TION 1. APPLICANT I SPONSOR 3.PROJECT LOCATION: )100 6~?.2o SEQR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED AClqONS Only ( To be comp~e~ by App~cant ~x Pr~e~ Spons~) 2. PROJECT N/d~E ,~ ar~ e g. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply,) DOES ACTION INVOLVE A PEI~41'I' N~ROV/~. OR FUNDIHG, HOW OR ULTIK~TELY I~ROM ~ OTHE~ GOVER~I~*AL i12. AS A ~ULT OF PItOPOSED ACTION WILL .EXISTING PERMIT/ API~, ,OVAL REQUIRE MOOIFICATION? , , L_~- D~.~ ~ ~,e ~.o[v,,.e6~. O~.-c ~ s,,.,t..~ ~,,.*-/~.s.r ~dd,,C,.,, I CERTIFY THAT THE rN~?R~ ~TI~N PROVIDED ABOVE IS IRUE tO 'mE s~s? of MY KNOWLEDGE CA,',) c7'PC 4 ~... PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF [~Yes E~]No B WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONSIN6NYCRR, PART61767 If No, anegative declaration may be superseded by another involved agency C COULO ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) CI Existing air quality, surtace 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, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3 Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: 04. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6 Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: C7 Other impacts (including changes Ln use of either quantity or t},pe of energy.? Explain briefly.' D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA~'~ Lf },es, ex~lain brieg~/: [~] Yes ~]No E. LS THERE, OR S THERE L KELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If [/es explain. I--lYes F1No PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether 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) [rreversibility; (e) geographic scope; and (f) 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 directly to the F UL 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 acfio WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons suppoding 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 Ln Lead Agency Signature of ResponsibLe Off~cer in Lead Agency James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickcrson Dave Bergen Bob Ghosio, Jr. Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 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 CHRIS CYPRUS COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING being duly sworn, depose and say: That on the 2ffday of ~p¢,' I , 200~, I.~ers. onallyy~osted the property known as I I r~c; 5o~.,., ,-I'b~'~ ~-- L, v,.,Je,/v,~ s-q-t'q-,,c~c ,tO. 5', / [ 73'-2 b~, 131~-cing the Board of Trustees official ..... poster where ~t 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 Wed., May 20, 2009 on or about 6:00 PM. (si~re) Sworn to before me this /3'~°day offs, 2009 NANCY E. COOK Notary Pubtic, State of New York No 01CO4940970 Qualified in Suffolk County Commission Expires August 15, 20/..L~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ,/~ - t'~ Agent ~ [~] AddreSsee Re urn Rece pt Fee r'lyes ., being duly sworn, deposes ~nd say'that on the day of ., 20 , deponent mailed a tree copy of the Notice set fo~h in ti~e Bo~d of Trustees Applicmion, directed to each of the above named persons at the addresses set opposite there respective n~es; that the addresses set opposite the names of said persons ~e the address of said persons as sho~ on the cu~ent asse~smeBt roll of the T~o~ of Southold; that said Notices were mailed at the United States Post Omce at ~ ~, ~ ~ u , that s~d Notices were mailed to each of said persons by (certified) (registe~efl) mail. ~. ~. S~vom to before me this Dayof ~4~O~ ,20 ~&ary Public VICKI TOTH Notary PubliC, State of New York No. 0]T06190696 Qua fled in Suffolk Coun~ Commission Exoire~ h Town of 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 intcnded to supplement othcr information used by a Town of Southold agency in making a determination of consistency. *Excep! ~ninor exempt actions including Building Permits and other ministerkd permits nol 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 ail 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. 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 / The Application has been submitted to (check appropriate response): Townaoard [~ Planaingl~oard[-] l~uildingDept. [--] ltoardofTrustees 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: Location of action: Site acreage: ~/(-~ Present land use: Present zoning classification: R% If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (b) Mailing address: (d) Application number, if any:_ Will the action be directly undertaken, require funding, or approval by a state 9r federal agency? YesNTI[~.j' 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. 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 Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes ~ No ~Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes [] No ~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes [] No ~Not App,!~%,~ ,q_[v'.".4'-.- +, 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 Applic~able A~tach 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. 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 POLICIES~ Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. [] Yes ~ No ~Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~ Yes ~ No ~Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes ~ No ~Not Applicable PREPARED BY TITLE Board of Trustees Application County of Suffolk State of New York C h R]'~ c i~4 ~ I' BEING D*Y swo~ DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH iN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES 1N CONJUNCTION WITH REVIE~N_.OF T4HIS APPLICATION. - Signature SWORN TO BEFORE ME T.~S i'¢ DAYOF CONNIE D. Notap] Public, S~I~ o~ New ¥orl~ No. 01BU6185050 Qualified in Suffolk Count~ Commission Expires April 14, 20 Notary Public APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the Dart of town officers and emolovees. The nuroose of this form is to provide 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 nam , m .... , unless you 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 apply.) Tax grievance Building Variance 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? "Rcintioaship" 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% of the shares. YES NO If you aaswemd "YES", complete the balance of this form 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 applicant/agent/representative) 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% oftbe shares of the corporate stock of the applic0nt (when the applicant is a corporation); __B) the legal or beneficial ownqr of any interest in a non-corporate entity (when the applicant is not a carpomtion); C) an officer, director, parlner, or employee oftbe applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Submitted this ~_ y of Signature Print Name ,~kPPROVED AS PER AND cONDITIONS OF ,~tno~Ooco I pERMIT lq.O' ~°~''~ CERTIFIED TO: APR 17 2009 -- Sotffhhol,d lown OF?--,,- WALK WAY THE EXISTENCE OF RIGHTS OF WA Y AND/OR EASEMENTS OF RECORD IF ANY, NOT SHO~4V ARE NOT GUARANTEED. UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LA W. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VAUD TRUE COPY. GUARANTEES INDICATED H EEt~'~'~SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION, GUARAN II:~S ARE NOT TRANSFERABLE. SURVEY OF: 2 STORY FRAME S~'~.PS BALCONY 2NDo STY. ADDI~ION ADDrlION ?..p sOUND BE/kC DRtVE NOTE: THIS PROPERTY RESIDES IN FIRM ZONE VE (EL. 15) NOTE: THE ELEVATIONS SHOWN REFER TO THE NATIONAL GEODETIC VERTICAL SURVEY 1988 DATUM (N.G.V,D. 88) NOTE: AREA OF LOT IS 30,596 S.F. AREA OF LOT COVERAGE IS 10,376 S.F. PERCENTAGE OF LOT COVERAGE iS 34% LOT 43 & PART OF LOTS 4.2 & 44, BLOCK 2 MAP OF CAPTAIN KIDD ESTATES FILED JAN. 19, 194.9 - AS No. 1672 SITUATED IN: TOWN OF: SOUTHOLD MA TTITUCK INLET SUFFOLK COUNTY, NEW YORK DATE: 10/31/08 JOB NO. DIST, SEC. S.C,T,M, NO. 1000 099 B08-11828 SCALE: BLK. LOT 01 4.2 1"-,50' KENNETH H. BECKMAN, L.S. Surveying and Land Planning 1814 Middle Country Road Suite D Ridge, N.Y. 11961 (631) 345-9427 FAX (631) 345-9429 CHANGE 6 o 4-F APR 2 4 2009 APR 2 4 2009