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:
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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