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Home My WebLink About1000-21.-5-14 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 MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Date: Re: Principal Planner LWRP Coordinator S~ December 14, 2009 Proposed Coastal Erosion Permit and Wetland Permit for JOHN & MARIA ZOITA SCTM#1000-21-5-14 Patdcia C. Moore, Esq. on behalf of requests a Wetland Permit to construct 4'X 86' stairway down a bluff with steps to the beach. Located: 5405 The Long Way, East Marion. SCTM#1000-21-5-14 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 below Policy Standards 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 Southold 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 proposed action is not permissible pursuant to §275-11 Construction and operation standards. B. 1 (j) which states: (j) Individual residential stairs are prohibited on bluffs if the property is part of an association that maintains a common stairway within a reasonable distance. The parcel was created by the Pebble Beach Farms subdivision and the lots within the subdivision are subject to the terms and conditions of the Pebble Beach Farms Homeowners Association. The Pebble Beach Farms Homeowners Association enjoys access to the Long Island Sound over Open Space Parcel E as depicted on the filed plat. The distance is "reasonable" at 226'+ from the subject parcel (as measured from the filed plat). - Pursuant to Chapter 268, the Boar¢ of Trustees shall consider this recommendation in preparing its written determination regarding the ['onsistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorn,~.y LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold 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. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local 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). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the 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# 21-5-14 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees ~X 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: construct Beach Stairs to access Long Island Sound John & Maria Zoitas Location of action: 5405 The Long Way, East Marion Site acreage: 1.2257 acres Present land use: residential Present zoning classification: R-40 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: John & Maria Zoitas (b) Mailing address: 5405 The Long Way, East Marion (c) Telephone number: Area Code ( 212 )222-3367 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes XNo 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 dverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. XYes No Not Applicable Construction of access to beach consistent exempt from LWRP 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 XNotApplicable Existing developed site- fully developed area. 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 XNotApplicable Attach additional sheets if necessary Beach Attach 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 XNot Applicable Stairs are exempt from LWRP 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 XNoI Applicable - no discharge permitted 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 XNot Applicable 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 XNot 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 II1 - Policies; Pages 34 through 38 for evaluation criteria. Yes No XNot Applicable- no hazardous waist from pool 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 XNot Applicable- private beach access 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. XYes No Not Applicable property is a waterfront parcel with a single family dwelling under construction. Beach stairs exempt from LWRP 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 II1 - Policies; Pages 57 through 62 for evaluation criteria. XYes No Not Applicable Bluff face and toe are stable and vegetated. Attach additional sheets if necessary Policy 12. Protect agricultural tands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No XNot Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section II1 - Policies; Pages 65 through 68 for evaluation criteria. Yes No XNot Applicable COASTAL EROSION HAZARD LINE FROM COASTAL EROSION HAZARD AREA MAP Pholo No, 51 - 6Q9 - 83 SCDHS REF. # RIO- 99- 0112 SURVEY OF PROPERTY AT EAST MARION TO tVN OF SO UTHOLD SUFFOLK COUNTY , N. } 1000-21-05- I4 SCALE: I"=60' MARCH 23, I999 M,~ Y 21~ 1999 ( revision ) AUG. 17, 1999 [ o~t( ,$e~ ) FEB. I, 2000 ( resloke hse with spot els. ) FEB. B~ 2000 (prop...de.ck.) MAR. 28, 2000 (fb'undo,'idn) NOV. 14~ 2001 ( flnol ) JAN. 9~ 2002 (septic syslem ) AU~. 84, EO09 (TOPO) OCT. 26~ 2009 (prop. slrolt$) ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 QF THE NEW YORK STATE EDUCATION LAM EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. NO TE' SUBSURFACE SE~IAGE DISPOSAL SYSTEM DESIGN JOSEPH FISCHETTI, P.E, HOBART ROAD SOUTHOLD, N.Y. 11971' fSI6( 765 - 2954 · =MONUMENT AREA = 1.2.257 0cres to tie line Lot numbers refer to 'Pebble Beach Farms' Filed in the Suffolk County Clerk's Office on June 1, 1975 as File No. CONTOURS ARE REFEREN~F~,f,~ ~' /¢'i;; ":': ~ -t: ::: ,%1% ' 50UTHOLD, N.Y. 1197¥ II is 8-2~09 .... 1000-51-01:;14 CH~:~NO