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Home My WebLink AboutTR-7162BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7162 DATE: AUGUST 19, 2009 ISSUED TO: JAMES MANNING PROPERTY ADDRESS: 1370 JACKSON STREET~ NEW SUFFOLK SCTM# 117-10-10 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 Aueust 19, 2009, and in consideration of application fee in the sum of $250.00 paid by James Manning 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 for the existing 4' wide stairs to beach, total run 33' with three 4'x4' landings and 11'x15' deck, and a 5.3'x15.1' boat shed, with the conditions that when the deck is r?placed it will have to conform to the current Town of Southold Wetland Codes, and as depicted on the survey prepared by Peconic Surveyors, P.C. last dated May 26, 2009, and received on July 1, 2009. IN WITNESS WHEREOF, the said Board of Trnstees 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. Bob Jr. - Absent TERMS AND CONDITIONS The Permittee James Manning, residing at 1370 Jackso.n Street, New Suffolk, 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 patties, 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 Pernfittee 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 August 19, 2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. James E. Fitzgerald, Jr. Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935 RE: JAMES MANNING 1370 JACKSON STREET, NEW SUFFOLK SCTM# 117-10-10 Dear Mr. Fitzgerald: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, August 19, 2009 regarding the above matter: WHEREAS, Proper-T Permit Services on behalf of JAMES MANNING 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 1, 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 August 19, 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 JAMES MANNING for the existing 4' wide stairs to beach, total run 33' with three 4'x4' landings and 11'x15' deck, and a 5.3'x15.1' boat shed, with the conditions that when the deck is replaced it will have to conform to the current Town of Southold Wetland Codes, and as depicted on the survey prepared by Peconic Surveyors, P.C. last dated May 26, 2009, and received on July 1, 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: $0.00 Very truly yours, President, Board of Trustees JFK/eac James Eckert, 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., August 12, 2009, the following recommendation was made: Moved by James Eckert, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the application of JAMES MANNING for the existing 4' wide stairs to beach, total run 33' with three 4'X 4' landings and 11'X 15' deck, and a 5.3'X 15.1' boat shed. Located: 1370 Jackson St., New Suffolk. SCTM#117-10-10 Inspected by: James Eckert The CAC Supports the application with the Condition the slope is maintained as a non- disturbance buffer, the pool backwash is contained into a drywell, and any future work on the deck (attached to the stairs) and shed should be done in compliance with the current code. Vote of Council: Ayes: All Motion Carried James F. King, President Jill M. Doherty. Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr, P.O. Box 1 179 Southol& NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: JAMES MANNING requests a Wetland Permit for the existing 4' wide stairs to beach, total run 33' with three 4'X 4' landings and 11'X 15' deck, and a 5.3'X 15.1' boat shed. Located: 1370 Jackson St., New Suffolk. SCTM#117- 10-10 TY~a ~fwarea to be impacted: ~Ba aterWetland __Freshwater Wetland Sound __ y Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: __Chapt.275 __Chapt. 111 other Type of Application: __~.N~etland __Coastal Erosion ._Administrative__Emergency Pre-Submission __ __Amendment Violation Info needed: Modifications: Conditions: D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: HOG NEC BAY SUFFOLK LITTLE HOG ,NECK NASSAU POINT C THE AREA OF THE PROPOSED PROJECT IS CIRCLED SLAN D / BAY VICINITY MAP Application regarding the proper~y of James Manning, SCTM #1000-117-10-10' Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 June 8, 2009 CUTCHOGUE PECONIC BAY T~ M_~P Application regarding the property of James Manning, SCTM #1000-117-10-10 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 June 8, 2009 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOV/NSEND 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, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: August 17, 2009 Re: Proposed Wetland Permit for JAMES MANNING SCTM#117-10-10 Proper-T Permit Services on behalf of JAMES MANNING requests a Wetland Permit for the existing 4' wide stairs to beach, total run 33' with three 4'X 4' landings and 11'X 15' deck, and a 5.3'X 15.1' boat shed. Located: 1370 Jackson St., New Suffolk. SCTM#117-10-10 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 access stairway is CONSISTENT with the below Policy Standards and therefore is CONSISTENT with the LWRP provided that the below best management practices are required. Figure 1. Subject lot showing proposed natura/ vegetated buffer area. Note: Aerial analysis indicates that clearing of the bluff has occurred seaward of the top-of- bluff line (not shown) and a wire fence has been installed on the bluff slope. Further, note that the application does not comply with § 275-6 Application, of the Southold Town Code; the survey lacks the top of bluff line and topographical contours. In the event that the application is approved the following is recommended: Po/icy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wet/ands. It is recommended that perpetual, natural vegetated buffer be required landward from the top-of-bluff seaward. It is further recommended that the establishment and terms of the buffer be memorialized in a covenant and restriction filed with the Suffolk County Clerk. An example definition follows: NATURAL VEGETATED BUFFER -- a land area of a certain length and width where existing vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation shall be maintained to achieve a minimum percent ground cover of ninety-five (95) percent. To achieve the percent ground cover indigenous, drought tolerant vegetation shall be planted. Survival of planted vegetation shall be (ninety) 90 percent for a period of three (3) years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property, trimming tree limbs up to a height of fifteen feet (15') to maintain viewsheds, replanting of vegetation and establishing a four foot (4') wide access path or stairs constructed of pervious material for access to the water-body. The 15.1 x 5.3 shed is INCONSISTENT with the below listed policies and therefore is INCONSISTENT with the LWRP. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. 2. Avoid reconstruction of structures, other than structures that are part of a water- dependent use, damaged by 50% or more of their value in coastal hazard areas. 3. Move existing development and structures as far away from flooding and erosion hazards as practical The existing shed structure is located on a bluff ecosystem and is not a water-dependent use. Therefore it is recommended that replacement of the shed not be permitted in its current location in the event that the structure suffers damage greater than or equal to 50% of its value. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD j Proper-T Permtt Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 jefitzge@suffolk.lib.ny.us MEMORANDUM DATE: X TO: FROM: SUBJECT: Lauren - Trustees Jim Fitzgerald Manning; SCTM #1000-117-10-10 Here's the additional $250 "m-built" fee. Fax: 631-734-7463 Albert J. Krupski, President James I~g, Vice-President _~cie Foster Ken Poliwoda Peggy ~- Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES . TOWN OF SOUTHOLD Office Use Only ~WctlanaStal Erosion Permit Applicatio/u d Permit Application ~'~ Major __ Minor Waiver/Amendment/Chan~es v/.Rece-~-vedApplication: t~ ~'N0~ ~q~(~ Completed Applic~'fion ~'- ~ ,' ':, Incomplete · ~ SEQRA Classification: , i "~ Type I Type II Unl~ted / ~, ! ~ Coorai-~tion:(date sent~ ; ~ 7CAC Ref~a Sent~ !', ~ ~ ~'~Date of Inspection: ~ ~l~U'.S~ I Receipt of CAC Report: Lead Agency Determination: Teclmical Review: Resolution: James P. Manning Name o£ Applicaut Address 101 Worth Avenue, Apt 4D, Palm Beach, FL 33480 Phone Number:( ) 561-659-0529 117-10-10 Suffolk County Tax Map Number: 1000 - 1370 Jackson Street, New Suffolk Property Location: (provide L~LCO Pole #, distance to cross streets, and location) AGENT: James E. Fitzgerald, Jr. / Proper-T Permit Services PO Box 617 Cutchogue, NY 11935 631-734-5800 ~oard of Trustees Applica~ Land Area (in square feet): Area Zoning: Previous use of property: Intended use of property: GENERAL DATA 46,504 s.f. R-40 Single-family dwelling Single-family dwelling Prior permits/approvals for site improvements: Agency Date Southold Bldg Dept #3747, 12/20/67 #5107, ~2/21/70 #6n~: q./~/74 #17551, 10/21/88 #25427, 12/21/98 No prior permits/approvals for site impro:~ements. Has any permit/approval ever been revoked or suspended by a governmental agency? : X No__ Yes If yes, provide explanation: Project Description (use attachments if necessary): Existing structures are 4-foot wide stairs to beach, total mn 33'4., with three 4'x 4' landings and 1 l'x 15' deck; and a 5.3'x 15.1' small boat shed. of Trustees Applica~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Continued existence of existing structures. Area of wetlands on lot: None square feet Percent coverage of lot: Closest distance between nearest existing structure and upland edgeofwetlands: ~6' feet (scaled from survey) Closest distance between nearest proposed structure and upland edge of wetlands: feet Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated? cubic yards How much material will be filled? cubic yards Depth of which material will be removed or deposited: feet as exists Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: 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): It is expected that the project will have no significant effect on the wetlands and tidal waters of the Town. 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or ProJect Sponsor) 1. APPLICANT/SPONSOR /2. PROJECT NAME James E. Fitzgerald, Jr. - Proper-T Permit Ser~,ices / Manning pre-existing, stairs, deck, shed 3. PROJECT LOCATION: Municipality New Sut~'o~ County Su~oI~ 4, PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 1370 Jackson Street Sec attached maps. New Suffolk, NY 11956 5. PROPOSED ACTION IS: [] New [] Expansion [] Moditication/aItemtion 6. DESCRIBE PROJECT BRIEFLY: Existing structures: 4-foot wide staffs to beach, total run 33'+/-, with three 4'x4' landings and l 1 'x 15' deck; 5.3'x 15.1' small boat shed. 7. AMOUNT OF LAND AFFECTED: In,ally lesst~a0.1 acres Ultimately N/A · acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICiNiTY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture. [] Per. Forest/Open Space [] OtHer Describe: Medium- to large-size private waterfront residences. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] NO If Yes, list agency(s) name and ~ermit/app~rovals: Southold Towa Trustees 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes ~']No I~RTIFY THAT T.,bI~MATION PROy~D ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Apptice nt/sponso~a~zn~ ~~' .~/~'//~. Date: 6/8/09 If the/~ction is in the~bastal Area, and you are a state ag.ency, complete the Coastal Assessment Form before proceeding with this assessment OVER Reset 't 224 West 35~ Street, Rm 508 New York, NY 10001 President Southold Board of Town Trustees Post Office Box 1179 Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Per- mit Services to act in behalf of my client, James Manning, who has granted me power of attorney in this matter, in the submission and processing of an application for the construction ora stairs- and-deck structure existing on his property located at 1370 Jackson Street, New Suffolk, NY 11956, and designated by Suffolk County Tax Map No. 1000-117-10-10. / ...3~ack Lichtenstein, Esq. (~/' As attorney to James Manning STATEMENT TO THE SOUTHOLD BOARD OF TOWN TRUSTEES County of New York ) State of New York ) I, Jack Lichtenstein, Esq., being duly sworn, depose and affirm that I am the attorney-in-fact of James Manning, the owner of the property located at 1370 Jackson Street, New Suffolk, NY 11956, and identified by Suffolk County Tax Map No. 1000-117-10-10, and that all work will be done in the manner set forth in the present application and as may be approved by the Southold Board of Town Trustees. I agree to hold the Town of Southold and the Town Trus- tees harmless and free from any and all damages and claims arising under or by virtue of said permit(s), if granted. I hereby authorize the Town Trustees or their agent(s) or representa- tive(s) to enter upon the property to inspect the premises in conjunction with the review of the present application. ~ack Lichtenstein, Esq. before me this // da ~of.~. ~/.~-~rf' ,2009 Sworn to ' . ............... ,m~g ..~: ............................... Notary Public KERRI S. WILLEN~'~Y NO~ Public, ~ate of New APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Jack Lichtenstein, attorney-in-fact to James ~anning (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Vadance Change of Zone Approval of Plat Exemption from Plat or Official Map Other X If "Other", name the activity: Wetlands permit 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 amployment by) a corporation in which the Town officer or employee owns mom than 5% of the shares. / YES NO If you answered 'WES", 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 that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship 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 shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, parmer, or employee of the apphcant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Prat Nan~ ac k Lichtenszein TO: Date: August 10, 2009 Adjacent Property Owners (Names and addresses are listed on the attached sheet.) BOARD OF TRUSTEES, TOWN OF SOUTHOLD NOTICE TO ADJACENT PROPERTY OWNER In the matter of: James Manning; SCTM #1000-117-10-10 YOU ARE HEREBY GIVEN NOTICE THAT: 1. An application is being submitted to the Board of Tmstees for a permit to: Replace, in-kind-in-place, stairs portion of pre-existing structure: 4-foot wide stairs to beach, total run 33'± with three 4'x 4' landings. Remove pre-existing ll'x 15' deck. The project described above is proposed on property adjacent to yours. The street ad- &ess of that property is as follows: I 1370 Jackson Street, New Suffolk, NY 11956 I The project, which is subject to Environmental Review under Chapters 96, 11 t, or 275 of the Town Code, is open to public comment. A public hearing will be held at Town Hall, 53095 Main Road, Southold, New York 11971 at or about 6:00 PM on Wednesday, August 19, 2009. If you wish to comment you may call the office (631-765-1892), or applications may be reviewed and comments may be submitted in writing up to 24 hours prior to the hearing. The project described above will be reviewed by the Board of Trustees of the Town of Southold. The project may require independent review and approval by other agencies of the Town, State, or Federal governments. PROPERTY OWNER'S NAME: MAILING ADDRESS: PHONE NO.: James Manning 224 West 35th Street, Suite 508 New York, NY 10001 212-564-0757 A copy of a sketch or plan showing the proposed project is enclosed for your convenience. August 4, 2009 JAMES MANNING: ADJACENT PROPERTY OWNERS NOTICE NOT SENT (PROPERTY OWNER) 1000-117-10-10 James P. Manning 224 West 35th Street, Suite 508 New York, NY 10001 NOTICE SENT 1000-117-10-9.2 Edgar Marvin PO Box 28 New Suffolk, NY 11956 1000-117-10-11 John P. Manning PO Box 262 New Suffolk, NY 11956 1000-117-9-11 Peter J. Carroll 38535 Route 25 Peconic, NY 11958 1000-117-9-10 Gabriela Tovar t245 Jackson Street New Suffolk, NY 11956 1 IF AFFIDAVIT OF MAILING TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: James Manning STATE OF NEW YORK COUNTY OF SUFFOLK James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, NY 11935, being duly sworn, deposes and says that on the l0th day of August, 2009, deponent mailed a tree copy of the Notice set forth in the Board of Trustees Application, directed to each of the named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown in the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Cutchogue, NY 11935, that said Notices were mailed to each of said persons by Certified Mail/Return Receipt Re- Jamgs ~/. Fi~gera~d, Jr. Sworn to before me this 19th day of August, 2009 BOIINI£J. DOROSKI Notary Public, Stat~ Of NewYork No. 01D06095328, Suffolk Count'/ Term Expires July 7, 20 1 [ AFFIDAVIT OF POSTING TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: James Manning STATE OF NEW YORK COUNTY OF SUFFOLK I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, NY 11935, being duly sworn, depose and say that on the 11th day of August, 2009, I personally posted the property known as 1370 Jackson Street, New Suffolk, 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, which date is noted thereon to be Wednesday, August 19, 2009 at or about 6:30 PM. Ja~(~E. Fitzgerald, Jr. jd-~ J'~ ~r Sworn to before me this 19th day of August, 2009 l~'y-Public 1 _)'- ' BONNIE ~. DOROSKI Notary Public, State Of New York No. 01D06095328, Suffelk Couob/ Term Expires July 7, 201 [ .. APPLICANT: JAMES MANNING SCTM #: 1000-117-10-10 LWRP CONSISTENCY ASSESSMENT FORM Policy 1 [] YES Foster a pattern of development in the Town of Southold that enhances com- munity character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development ~NO [] NOT APPLICABLE The continued presence of existing stairs to the beach, with a small attached deck, from a developed lawn area is not inconsistent with the character of the waterfront community, and because of the relatively small size of the structure and the fact that no changes to it are proposed it is felt that there is no adverse impact on the desired preservation of open space. Infrastructure use is not a factor since the pro- ject is accessory to and accessed from private property. There will be no incre- mental increase in development in the area since the stomate already exists and no changes are proposed. Policy 2 Preserve historic resources of the Town of Southold. [] YES ~0 [] NOT APPLICABLE There is no evidence to indicate that the immediate area of the project includes his- toric features, and it is to be expected that the nature of the project area is such that it is unlikely to be the site of recoverable artifacts of past civili?ations. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. [] YES ~NO [] NOT APPLICABLE The structure in review is of low profile and will be inconspicuous in the proposed location. It is compatible with other existing shoreline structures in the area, and will not adversely affect the dyoamic landscape elements (tidal fluctuations, sea- sonal vegetation changes; seasonal/diurnal changes in ambient light) which might contribute to ephemeral visual qualities. Policy 4 Minimize loss of life, structures, and natural resources from flooding and ero- sion. [] YES ~NO [] NOT APPLICABLE It is intuitively obvious that the likelihood of the existing structure contributing to increased hazards which could result in the loss of life is probably non-existent The structure has survived in its present location for more than ten years, although it does not have any effect on the protection of structures and natural resources fxom flooding and erosion in the area. The bluff on which the structure is situated is heavily naturally vegetated and will provide the widely known benefits of such a feature. Policy 5 Protect and improve water quality and supply in the Town of Southold. [] YES ~O [] NOT APPLICABLE The continued existence of the structure will not have any effect upon the water quality and supply in the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosys- tem. [] YES ~I~NO [] NOT APPLICABLE All indigenous plants have been, and will continue to be, protected. The structure is not located in a Significant Coastal Fish and Wildlife Habitat. There has been no structural intrusion into the wetlands. The northern shore of Great Peconic Bay in the project area is highly developed with private waterfront residences. There will be no incremental increase in shore- line development attributable to the continued existence of the structure, and it is not significant fxom the standpoint of a potential adverse impact upon wildlife, shellfish or finfisE The structure does not extend into the beach area and therefore does not interfere with the use of that area for least tern or piping plover nesting if other conditions are suitable. There are no osprey nesting sites in the immediate area. Diamondback terrapin have not been observed in or near the slmcture's location. The structure has no adverse effect upon existing tidal patterns and there has been no degradation of water quality. Policy 7 [] Protect and improve air quality in the Town of Southold. ~NO [] NOT APPLICABLE The existence or use of the structure does not result in significant mounts of new air pollution.. Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. [] YES ~4~NO [] NOT APPLICABLE The structure does not result in the generation of any additional solid waste. Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. [] YES FO [] NOT APPLICABLE The structure does not interfere with access along the beach below the ordinary high water mark. Policy 10 Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. [] YES [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 11 [] YEs Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. [] NO ~NOT APPLICABLE This policy is not applicable to the proposed project. Policy 12 Protect agricultural lands in the Town of Southold. [] YES [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Proper- T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 June 29, 2009 President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application for Permit on Behalf of James Manning; SCTM #1000-117-10-10 Dear Sir: Attached are documents which have been prepared in support of the application for a permit for the existing stairs and deck on the property of James Manning in the Town of Southold. Proper-T Permit Services represents Mr. Manning in this matter, and a letter of authorization is part of this submission. If there are any questions, or if additional information is needed, please call me. Enclosures: Application Fee ($250) Application Form (3 copies) Letter of Authorization (3 copies) Notarized Statement (3 copies) Transactional Disclosure Form (3 copies) LWRP Consistency Assessment Form (3 copies) Short EAF (3 copies) Vicinity Map (3 copies) Tax Map (3 copies) Survey/Project Plan (3 copies) Project Site Photos (3 copies) Aerial Photo (3 copies) a subsidiary of THE PECONIC EASTERN CORPORATION ,I ~URVEY OF PRUP~R?Y APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD DATE .~'"~ 9 ~'~ lO0.10' O_~_~ p P~CO Ar~7 BA F AREA-46,504 SO. Fl'. TO TIE LINE ANY ALTERA11GN OR ADDtTION TO THIS SUR~'Y I~ A WOL~ON OF SECTION 720gOF ~HE NEi't YORK STATE EDUCA~70N LA~. EXCEPT AS PER 5~CTIOH 720§-SUBDl14sION 2. ALL CERI?FI~I~QN~ (65~) 765-5020 FAX (65?) 765-~797 P.O. BOX 909 1230 TRAVELER STRTET