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HomeMy WebLinkAboutTR-7406AJill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Permit No.: 7406A Date of Receipt of Application: August 25, 2010 Applicant: Robert H. Whelan SCTM#: 122-4-41 Project Location: 4782 Ole Jule Lane, Mattituck Date of Resolution/Issuance: September 22, 2010 Date of Expiration: September 22, 2012 Reviewed by: Board of Trustees Project Description: Existing deck. Findings: The project meets all the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code. The issuance of an Administrative Permit allows for the operations as indicated on the survey prepared by John T. Metzger dated July 23, 1997 and stamped approved on September 22, 2010. Conditions: None If the proposed activities do not meet the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code, a Wetland Permit will be required. This is not a determination from any other agency. Jill~l. Doherty, Presid~ht Bo~{rd of Trustees ' Jill M. Dohedy~ President James F. King, Vice-President Dave Beqgen Bob Ghosio~ Jr. John Bredemeyer P.O Box 1179 Southold, NY 11971 Telephone (63 ] ) 765- ] 892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/VVorksession Report Date/Time: 5~' ROBERT H. WHELAN requests an Administrative Permit for the existing deck. Located: 4782 Ole Juie Lane, Mattituck. SCTM#122-4-41 Tyl;~of area to be impacted: /~/Saltwater Wetland Freshwater Wetland Sound Bay Dista/~c/e of proposed work to edge of wetland ~Pa/~of Town Code proposed work falls under: L/Chapt.275 Chapt. 111 other Type of Application: t///Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: Present Were: __~.King rty demeyer __ B.Ghosio, D. Dzenkowski other Form filled out in the field by D(~. Bergen~L.--''~' Mailed/Faxed to: Date: Print Preview Page I of 1 L Prepared Byi Print Date: 8/4/2009 http./, dnx e.coonty.suf/ser,,let, com.esn.esnmap. Esrnnap. SerwceName-suftblk&ChentVers~on=4.0&Foml-True&Encode-False 8/4/2009 Maps Friday, Jul 30, 2010 01:30 PM 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: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Sodhho!d 70wn L Boerd of Trustees Date: September 22, 2010 Re: Proposed Wetland Permit for ROBERT H. WHELAN SCTM#1000-122-4-41 ROBERT H. WHELAN requests an Administrative Permit for the existing deck. Located: 4782 Ole Jule Lane, Mattituck. SCTM#122-4-41 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 denoted following 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 structures were constructed without a permit pursuant to Chapter 275 Wetlands and Shorelines of the Southold Town Code. 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 Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. . P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD OfficeU~Offiy __Coastal Erosion Permit Application __Wetland Permit Application __ Administrative Permit Amendment/Transfer/Extension ~Rece~-vved Application~ Received Fee:$/tt:gq'~'~; bc~:5; .) / ~'~Completed Application ' Incomplete SEQRA Classification: Type I~Type II Unlisted Coordination:(date sent). ~'LWRP Consistency Assessment Form CAC Referral Sent: ~te of Inspection:~'~ Receipt of CAC Report: __Lead Agency Determination:__ Technical Review: ~blic Hearing Held: C[ !_,.z~ Resolution: Name of Applicant Address Phone Number:( ) Suffolk CountyTax Map Number: 1000- Property Location: (provide LILCO Pole #, distance to cross streets, and location) AGENT: (If applicable) Address: Phone: ~rd of Trustees Applicati¢ Land Area (in square feet):. Area Zoning: ~4Zff~5 Previous use of proper~y: Intended use &property: Covenants and Restrictions: GENERAL DATA Yes /k57 No If "Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals __ If "Yes", please provide copy of decision. Prior permits/approvals for site improvements: Agency / / X ~ ,.,~- Date Yes ~f No __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? /E~No Yes If yes, provide explanation: Project Description (use attachments if necessary): lard of Trustees Applicati WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Area of wetlands on lot: ///~ _square feet Percent coverage of lot: ~, g9 % Closest distance between ne;trest existing structure and upland edge of wetlands: ////~ feet Closest distance between ny~est proposed structure and upland edge of wetlands: ,4//~~' feet Does the project involve excavation or filling? /R~ No Yes If yes, how much material will be excavated? /LJ//']/ cubic yards How much material will be filled? ,,,~/f cubic yards Depth of which material will be removed or deposited: /L//~ feet Proposed slope throughout the area of operations: ,A~]//~ Manner in which material will be removed or deposited: /L'/////t · .._Slatemen_t of._the effec[, if any, OP the w_et~!_ap_d. 5 and.tidgl- waters of the town tha_t _may_.r__e_s_u~_t_.b_y. reason of such proposed opexations (use attachments if appropriate): PROJECT ID NUMBER !ART 1 - PROJECT INFORMATION 617.20 APPENDJX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) SEQR 1. A P P LIC~J.T~I SPONSOR 3.PROJECT LOCATION: Mun,c,pa,, 2. PROJEOT NAME County 4. PRECISE LOCATION: Street Addess and Road Intersections. )rominent landmarks etc -or provide map 5,1S PROPOSED ACTION: [] New []Expansion [~]Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially , ~¢/~ acres Ultimately ' , ~--~/~. acres 8. WiLL PROPOSED ACTION COMPLY WiTH EXISTING ZONING OR OTHER RESTRICTIONS? [~Yes [] No If no, describe briefly: 9. WHAT tS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ~Residential r--qlndustfial [~]Commercial DAgriculture [~ Park / Forest / Open Space []Other (describe) 10.'DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) r~Yes [ik7] No If yes, list agency name and permit / approval: / ll. UUI:N ANY ANPI:CI OF [HE ACIION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? /~Yes [~No If yes, list agency name and permit / approval: /' 12. AS A R.F~ULT OF PROPJ~ZD-'JI~ON WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? ,,-- / // / ////--// Applicant /Sponsor(Name /// / ///'/'~ ,/// ~,~ .., Date: If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before ~roceeding with this assessment Town of Southold Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM PROPERtlY LO~ATION: S.C.T.M.~ THE FOU.OWING ACTIONS MAY REQUIRE THE SUBMISSION OF A  STOI~4-WATER/GRADING, DRAINAGE AND EROSION CONTROL PLAN s~xa~ Lot CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK. sCOPEOFWORK - PROPOSED CONSTRUL;I1ON ITEM// / WORKASSE~MENT Yes No "' What is the T°fa' Area °' the Project Peroels? ~.~j/,,/.~ I Will thts Project Refain All Bt°tm'Water Rur:'Off (Include Total Area of all Parcels located wi~in Generated by e Two (2') Inch Rainfall on Site? the Scope of Work for Propesad Constmcfion) s~..l~=~s) (This item will thclude all run-off cmated by site b. What is the Total Ama of Land Cleadng c}earing and/or construction activities as well as all and/or Groued Disturbance for the proposed ~/~.-.-- Site Improvements and the permanent creation of imben, ious suffacas.) construction activity? (s.F.,,=.) 2 Dces the Site Plan and/or Survey Show,NI Proposed PROVIDE. BRIE~ PROJECT DESCR]IrI'[ON (~,~ra~,r,~**.r~) Drainage StructumslndicatingSize&Location?This item shall include all Proposed Grade Changes and ~?~'-~?,~¢~,~..~ ,~,{?..~ .~/~C,~.~-~x~..~ 3 D°es the Site Plan and/or Survey descfibe the er°si°npractices ~ and sediment control that will be used to --r~.. co~trol site erosion and storm water discharges. This -- i¢~)/~.~ ~- item must be maintained throughout the Entire Construction Peded. 4 wi, this Project Require any Land Filting, Grading or Excavation where there is a change to the Natural Existing Grade Involving mom than 200 Cubic Yards of Material within any Parcel? 5 Will this Application Require Land Disturbing Activities Encompassing an Area in Excess of Five Thousand (5,000 S.F.) Square Feet of Ground Surface? 6 la there a Natural Water Course Running through the Site? Is this Project within the Trustees jurisdiction General DEC SWPPP Requirements: or within One Hundred (100') feet of a Wetland or Submission of a SW~PP is required Ior all Construction activities Mvolving soil Beach? disturbances of one (1) or more acres; including disturbances of ~ than o~e acre that 7 Will there be Site preparation on Existing Grade Slopes are pert of a larger common plan that will ultimately dlstu(o one or mom ac*es of land; which Exceed Fifteen (15) feet of Vertical Rise to iocfuding Construction activities involving soil dist u~oances of ~ than one (1) acm where One Hundred (100') of Horizontal Distance? 1. T~e SWPPP shall be pmparscl prior to the submittal of the NOL The NOI shal be into and/or in the direction of a Town fight-of-way? 2. The SWPPP shall describe the erosion and sediment control pcactice~ and where 9 Will this Project Require the Placement of Matedal required, post-constmctio¢~ sturm 't~atur managercent I~aC~ioes that will be used and/or Removal of Vegetation andlor the Canstruoflee of any D ''~ consSuctod to reduce the p~utants In storm water discharges and to assure Item Within the Town Right. if-Way or Road Shoulder CONNIE D. BUNCH STATE OF NEW YORK, <'-//~/~-~,.~//f Notary Public, State of NewYork ~ Qualified in Suffolk Count'/ 'llzat I .............................. ~,~,~..~ being duly sworn, nc.scs ann says that'he/shi~ is thc aPp~l~ant for Pern~ig' (O~er, contractor, Agent, ~ Officer, ~c.) ~.__....~ Owner and/or rcpresentalive of the Owner or Owners, and is duly authorized to perform~ ~or have, pe'~ormed]hc said ~k and to make and file this application; that all statements contained in this application are, flue to the bes[/of hi~ knowledge aj~ga~_liefi and that the work will be performed in the manner set forth in the application filed l]terewith. / /// Swom to before me this; ~ [ g ~///~ FORM - 06/10 of Trustees Applica n County of Suffolk State of New York DEPOSES AND AFFIRMS THAT HE/SI-IE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF IllS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE 1N 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 ~Y VIRTUE OF SmD PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZ U. STEES, HEIR//AGENT(S) OR Signature SWORN TO BEFORE ME THIS c~'-~ DAY OF~'~- ,2o Notary Public CONNIE D. BUNCH Notary Public. State of New Yor~ No. OtBU6185050 Qualified in Suffo k County Commission Expires April ~4, 20 ) ~,, APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM Thc Town of Southold's Code of Ethics orohibits conflicts of interest on the vart of town officers and emvloYees, The ourvose of this f~rm is to nmvide inforination which can alert tbe town of oosalble conflicts of interest and allow it to take what~v¢~' action is (Last name, fa'st name, gniddle initial unless you are applying in the name of someone else or otl~r 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 Trustee ~ Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map _ Planning Other (If"Other-, name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, oF 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 coq)oration in which the town officer or employee owns more than 5% of the shares. YES NO ~/~ lfyou answered ~'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) tho owner of greater than 5% oftbe shares of the corporate stock of the applicont (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, partnei', or employee of the applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I 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 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 Waterfxont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be exPlained in detail~ listing both supporting and non- suooortin~ 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 Depar~nent, 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): TownBoard [--] Planning Board F] BuildingDepty~ Board ofTrustees~ 1. 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: 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: (b) Mailing address: ~ ,~t~/~ c.~'"'~t~9 (c) Telephone number: Area Code (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ No ['~ If yes, which state or federal agency?. / C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No ~ Not Applicable / Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~'~ Yes [] No~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes ~ No~]/Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LwRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes o NotApplicable At~ach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section IH - PoliCies Pages 16 through 21 for evaluation criteria ~ Yes [] No ~, Not Applicable Atlach 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 IH - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Ap~l~ble Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~-~ Yes ~No~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes ~ No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluatiOn criteria. ~ Yes~ No ~Not Applicable Attach additional sheets if necessary WORKING COAST POLICIE~ Policy 10. Protect Southoid'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 Peconie Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes ~ NoJ~Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] 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 [] Noah'/Not Applicable TITLE /d';Z" PROPER , ~ ~ -- TOWN OF SOUTHOLD ~ ~, ~. · /o/~ . .~; ~ -~ /' ~, ?/~ / SCAL~ 1"= 30' ~ ~ rz~ ~o~ o~ ~mo~ ro r.~s s~,~r ~s ~ ~o~ r~o~ ~ / / ~ ~ JUL ~ 23, ~997 OF SECTION 7g09 OF THE NEW YORK STATE EDUCATION LAW~ / /'~ EXCEPT AS PER SECTION 7E09-SUSDIVISION ~. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES T~REOF ONLY IF / SAID M~P OR COPIES 8E~R T~ ~PRESSED SEAL OF THE SURVEYOR /' ~ ~ ' / WHOSE SIGNATURE APPEARS HEREON. A~ITI~ALL Y TO COMPLY ~ITH SAID LAW THE TERM 'AL TERED BY' / MU~T BE U~E~ BY ANY A~ ALL SURVEYORS UT~IZING A COPY ~ ~ I · aRou~r-ro-oAre" ARE NOT IN CO~LIANCE WITH T~ LAW. AREA = 25, 146 sq. ft. ~ECONICM~Y~ ~ ~/A 01/~ D Au~, /~/?? 3 Boar~ofTruste~s 1230 TRAVELER STREET I0' CONTOUR LINE IS REFERENCED TO THE FIVE EASTERN SOUTHOLD~ N.Y. 11971 TOWNS TOPOGRAPHIC MAPS (N.G.V.D.) NO, 49618 97- 221