The URL can be used to link to this page

Home My WebLink AboutTR-7423 Jtmes F. Kin~ PrUdent Bob ~ Jr., Vice-President Ihve Be~n John lh'edemeyer Michael J. Domino Town Hall Annex 54~75 M~ ~ P.O. Box 1179 Southold, New York 11971~959 Telephone (631) 765-1892 Fax (631) 7656641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0774C Date: July 19, 2012 THIS CERTIFIES that the removal of thc existing deck and stairs to beach and construct a 6'x6' top landinE~ 6'x13' stairs, 8'x12' deck; 6'x7' stairs over revetment. 6'x6' bottom landing and 6'x12' sbore-parallel stairs to beach. At 52325 County Road 48, Southold, New York Suffolk County Tax Map # 135-1-22.1 Conforms to the application for a Trustees Permit heretofore fled in this office Dated September 29, 2010 pursuant to which Trustees Wetland Permit #7423 Dated October 20, 2010 was issued and Amended on May 16, 2012 and conforms to all of the requirements and rondlflons of the applicable provisions of law. The project for which this certificate is being issued is for the removal of the existing deck and stairs to beach and construct a 6'x6' top lending, 6'x13' stairs, 8'x12' deck; 6'x7' stairs over revetment, 6'x6' bottom landing and 6'x12' shore-parallel stairs to beach. The certificate is issued to NORTH FORK BEACH CONDOMINIUM owner of the aforesaid property. Authorized Signature Jmnes F. King, Pr~ident Bob GlmeJo, Jr., Vice-P~e~idem John Bmdemeycr Midmel J. Damino Town Hall, 53095 Main Rd. P.O. Box 1179 ,Southold, NY 11971 Taiephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD DATE OF INSPECTION: ~ / X Ch. 275,~ u Ch. 111 INSPECTION SCHEDULE __ Pre-construction, hay bale line/silt boom/silt curtain __ Ist day of construction ~ constructed Project complete, compliance inspection. CERTIFICATE OF COMPLIANCE: James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 May 16,2012 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Mr. Robert Herrmann En-Consultants 1319 North Sea Rd. Southampton, NY 11968 RE: NORTH FORK BEACH CONDOMINIUM 52325 COUNTY RD. 48, SOUTHOLD SCTM#135-1-22.1 Dear Mr. Herrmann: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., May 16, 2012: RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Wetland Permit #7423 to authorize the replacement of the previously approved layout of the stairway and deck with a new layout consisting of a 6'X 6' top landing; 6'X 13' stairs; 8'X 12' deck; 6'X 7' stairs over revetment; 6'X 6' bottom landing; and 6'X 12' shore- parallel stairs to beach off bottom landing, as depicted on the project plan prepared by En-Consultants last revised April 30, 2012. This is not a determination from any other agency. Sincerely, Jam(iffF. King, Presidefit Board of Trustees JFK:lms LONG ISLAND SOUND PROPOSED +40' STAIRWAY AND O£CK IN PLACE OF PR£¥1OUSLY [XISTING STAIRWAY AND DICK DATE ~J/~//,L I ' PP. OPO~l? +___40' MW~ E N- CONSULTANTS 1319 NORTH SEA RD, SOUTHAMPTON, NY 11968 631-283-6360 S~CT/ON ~RI5 PROPO~g tiMIdeR FTAIP, WAY ~ ~CK SCALE: i" * IQ' PI~OPO~I2 I~CK ANP STAIRWAY I~.PLAQ~MI~N? FOR NOk~1-1 FO~ ~ACH CONPOMINIUM ON I. ON~ 151.ANP FOUND, FOLIfHObP, 5UFFObK CO,, NY 51~T I OF' I g~ 21/IO, ~/~C)/t2 109.83' N ~5'~6'40" E N/O/F NORTH FORK BEACH CONDOMINIUM N/o/F ALI HoMAYUNI TRUST SURVEY OF PROPERTY S/TUA TE SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-135-01-22.1 SCALE 1"=20' JUNE 30, 2010 APRIL 2, 2012 UPDATE SURVEY AREA = 1,752 sq. ft. (TO T~E LINE) 0.040 0¢. . NOTEs. 1. LOT NUMBERS SHOWN THUS: LOT~ REFER TO MAP O¥ PROPERTY O? NATHAN GOLDiN FILE IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON NOVEMBER 22, 1952 AS FILE No. 1106 2. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:2~ EXISTING CONTOUR LINES ARE SHOWN THUS: - 20 - - PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESfABLrSHED Nathan THE EXISTENCE OF RIGHTS OF WAY 50467 ,rwin III Land Surveyor Successor To Stanley J Joseph A PHONE (631)727-2090 OFFICES LOCATED AT 1586 Mo[n Rood Fox (631)727 1727 30-141A EN-CONSULTANTS ENVIRONMENTAL CONSULTING 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-2836136 www. enconsultants.com April 30, 2012 James King, Chairman Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 MAY - 3 2012 Re: North Fork Condominium, Southold~ SCTM No. 1000-135-1-22.1 Dear Mr. King: As you know, we recently submitted an application to amend the location and configuration of the presently approved deck and stairs due to the fact that the location of the rock revetment recently installed by the Town along Soundview Avenue and on the applicant's property precludes placement of the stairs and deck as currently approved. I have since spoken with the project contractor, who expressed concern that it may be necessary for him to adjust the location of the 8' x 12' deck farther landward in the event that the revetment stone extends closer to the road and could thus interfere with the installation of the deck's supporting posts. In that case, the lengths of the stairway sections leading to the deck from the road and from the deck to the beach would also have to be modified accordingly. As you and I discussed, in light of this concern, I have revised the project plan to include a note to this effect with the hope that the modified permit could allow for such design latitude provided the dimensions of the deck and landings do not change and the overall length of the stairway from the road to the beach does not change. Three (copies) of this plan prepared by En-Cousultants, last dated April 30, 2012, are enclosed herewith. R~OUYS, %, Robert E. He~'m,.ann Coastal Management Specialist Jill M. Dougherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Brederneyer BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York ! 1971-0959 Telephone (631) 765-1892 FAx (631) 765-1366 LETTER OF REQUEST FOR AN AMENDMENT DATE APRIL 24, 2012 OWNER ADDRESS NORTH FORK BEACH CONDOMINIUM c/o NIKOLAS PAPCHRISTOU, PRESIDENT 28-51 49TH STREET, ASTORIA, NY I 1103 PHONE 917-939-4771 AGENT EN-CONSULTANTS PHONE 631-283-6360 ADDRESS 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 PROPERTY LOCATION 52325 COUNTY ROAD 48, SOUTHOLD TAX MAP NO. 1000--135-1-22.1 I/We EN-CONSULTANTS request an Amendment to Permit # 7423 To authorize the replacement of the previously approved layout of the stairway and deck with a new layout that is necessitated by the Town of Southold's installation of a rock revetment along the shoreline of the subject property: construct a 6' x 6' top landing; 6' x +/-13' stairs; 8' x 12' deck; 6' x +/-7' stairs over revetment; 6' x 6' bottom landing; and 6' x 12' shore-parallel stairs to beach offbottom landing, all as depicted on the project plan prepared by En-Consultants, dated April 20, 2012. Signed By: ~ ~ ROBERT ~.~ERRMANN, COASTAL MGMT. SPECIALIST AUTHORIZATION (where the applicant is not the owner) (print 6wrier of property) (mailing ~ddress) do heroby authorize (Agent) to apply for permit(s) from the Southold Board ~//Trust¢~s on my I~ha, f.~' . ~-~." -"') NOT/~Y PUBUC STATE OF NEW YORK (Owner's si~gmffure) County of Suffolk State of New York ~'~\~c~o~-/~% ~(~4 ~.J~3C~x,3 BE1NO DULY SWORN 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 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 BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AOENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPER~ TO INSPECT THE PREMISES IN CONJUNCTION WITH~CATION. '/S gnatur SWORN TO BEFORE ME THIS /8 D^VOF Af ,d\ {)OflOTHY B NUNEZ ( NOT~Y PUBLIC STATE OF NEW YO~ ~ UC. iK)I APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM Tile Town of Southold's Code of Ethics vrohibits conflicts of interest on the oar~ of town officers and emvlovees. The ourr~ose of this form is to nrovide information which can alert/~he town of t*ossibhe conflicts of interest and allow it to take whatever action is necessary to avoid sam~'/ /~ __ [ /' / / (Last name, first name, middle initial, un ss y pp y' g ' 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 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, 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 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) 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, partner, or employee of the applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this Signature Print Name EN-CONSULTANTS ENVIRONMENTAL CONSULTING 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com April 23, 2012 James King, Chairman Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 Re: North Fork Condominium~ Southold~ SCTM No. 1000-135-1-~2.1 Dear Mr. King: APB 2 5 2012 As we discussed at our recent meeting at the captioned property with Alexa Foumier of the New York State Department of Environmental Conservation and Trustees Mike Domino and John Bredemeyer, we are submitting herewith an application to modify the North Fork Condominium project that is currently approved pursuant to the captioned, valid Wetlands Permit. As you know, the previously pending installation of the Town's rock revetment along this shoreline prevented the permittee from installing the approved deck and stairway to the beach from Soundview Road because those structures would have needed to be removed by the Town for the purpose of installing the revetment. Since the revetment was installed, the permittee commissioned an as-bulk survey of the revetment, which was prepared by Nathan Tal~ Corwin III, L.S., last dated April 2, 2012, three (3) copies of which are attached as part of our application. Based on an overlay of the currently approved plans onto this survey, it was apparent that the approved deck and stairs to the beach would now land atop the rock revetment, thus making implementation of the project impossible as currently designed and approved. As discussed, we have therefore prepared a revised plan that would pull the approved deck back landward of the existing revetment and modify its dimensions to 8' x 12', which will work better with the now existing bluff slope and maintain the area of the deck (now 96 square feet) within the specifications of the currently approved 100 square feet. The stairway and landings have been otherwise modified only to accommodate the newly existing slope and rock revetment. Although I trust that you will find the application and plans consistent with our conversation at the site, please let me know if you have any immediate questions or concerns, as the permittee is anxious to get the structures in place for this coming summer after losing their access to the beach last summer. Robert E. Hemnann Coastal Management Specialist cc: Niko Papachristoth President, NFC James F King, Presidenl Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino P.O Box 1179 Southold~ NY 11971 Telephone (631 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: En-Consultants on behalf of NORTH FORK BEACH CONDOMINIUM requests an Amendment to Wetland Permit #7423 to authorize the replacement of the previously approved layout of the stairway and deck with a new layout consisting of a 6'X 6' top landing; 6'X 13' stairs; 8'X 12' deck; 6'X 7' stairs over revetment; 6'X 6' bottom landing; and 6'X 12' shore-parallel stairs to beach off bottom landing. Located: 52325 County Rd. 48, Southold. SCTM#135-1-22.1 Type of area to be impacted: '~'SaltwaterWetland __Freshwater Wetland S~ound __Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: ,g~--Chapt.275 Chapt. 111 other Type of Application: __ Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission Violation Info needed: Modifications: Conditions: Present Were: c'/J. Kin~g._ C/B. Ghosio ~,/J. Bredemeyer_ "' Michael Domino Form filled out in the field by ~'""D. Bergen, D. Dzenkowski __.other Mailed/Faxed to: Date: NORTH FORK BEACH CONDOM1NIUM~ LONG ISLAND SOUND, SOUTHOLD~ Figure l. Looking south from beach at now existing rock revetment and at location of proposed stairwqv and deck. Figure 2. Looking, southwest at easterly end of revetment and at location of proposed stairway and deck. LoNG soUNP SURVEY OF PROPERTY $ITUATE SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-155-01-22.1 SCALE 1"=20' JUNE $0, 2010 ALI HoMAYUNI TRUST LOT (~ N 85"26'40" E ~/o/r ALI HoMAYUNI TRusT Iq 84'01'33" E 44.88' /09.85' AREA : 1,752 sq. ff. (TO TIE LINE) 0.040 OC. NOTEs: 1. LOT NUMBERS SHOWN THUS: LOT~ REFER TO MAP OF PROPERTY OF NATHAN GOLDIN FILE IN THE OFFICE OF THE CLERK OF SUFFOLK ON NOVEMBER 22, 1952 AS FILE No. 1106 2. ELEVATIONS EXISTING EXISTING COUNTY ARE REFERENCED TO N.A.V.D. 1988 DATUM ELEVATIONS ARE SHOWN THUS:~ CONTOUR LINES ARE SHOWN THUS: - 20 THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED, N,Y,S L,c. No, 50467 Nathan Taft Corw n III Land Surveyor PHONE (651)727-2090 Fox (631)727 1727 30-14: f~.l~Cf P~OFC~fY) £X. DEOK & STAIRS TO BIB: REMOVED.... ,.~.AL'W__. ~ ~' ..... ~ ~ ~ , ~, 1" = 40' .5C41.$: I" ' lO' ~EP 2c . PROPO~I? P~CK ANO 5TAIkWVAY I~PI. AC~MUN1' FOR NOL~TH POk~ B~ACH CONPOMINIUM ON tON6 I~ANP ~:2UNP ~OLI1~OUP, F:~PFOUK CO,, NY OP I 91 21/lC) 1~0~G PICTURE KEY LOCATION SOUND VIEW AVENUE I~OAD SHOULDER I;:~EP. fiNSTP. UP. TION PROPOSED ROCK REVETMENT - SHOULDER STABILIZATION DETAIL SV-1 Board of Trustees 30 October 20, 2010 TRUSTEE BERGEN: One other, the fence. I know, I believe when we were out there in the field, we already discussed previously the goose fence that is along that water line, asking for that to be removed. We noticed it's still there. It is a violation of the cede and I think we would have to put it in this permit, the condition that the goose fence or that fence that is really in the water, in the lake, be removed. MR. ANDERSON: That's fine. I would recommend you make that. TRUSTEE BREDEMEYER: Hearing no further comment I move to close the hearing in this matter. TRUSTEE GHOSIO: Second. TRUSTEE DOHERTY: All in favor?. (ALL AYES). TRUSTEE BREDEMEYER: I make a motion to approve this application subject to submission of new plans showing a total length of 90 feet, reducing it ten feet on the waten~ard side, and the condition of a 20-foot non-tud buffer and no fencing in or on the lake or the buffer area. So moved. TRUSTEE DOHERTY: Do we have a second? TRUSTEE BERGEN: I'll second that. TRUSTEE DOHERTY: All in favor? (ALL AYES). MR. ANDERSON: I have a question. Generally, That's fine. I don't know what the fence is all about. Sometime folks will put fences up to discourage geese and stuff. How does the Board feel about people just putting a line, you know what I mean, like a monofilament line stretching across to discourage geese. Is that something thai is frowned upon? I don't know what is there. TRUSTEE BERGEN; I don't foresee a problem with that. MR, ANDERSON: Thank you. TRUSTEE BERGEN: If it works, let us know. See if it works with deer, too. MR. ANDERSON: If you go across Shelter Island, you'll see where they keep horses, instead of a big horse fence, put in posts with just a string that seems to, a line that seems to confine the horses. TRUSTEE KING: Horses ars not the brightest animal either, I Ihink a goose is smarter. TRUSTEE KING: En-Consultants, number seven, on behalf of NORTH FORK BEACH CONDOMINIUM requests a Wetland Permit to remove the existing +/-400 square foot deck and stairs, and construct inplace of removed deck a 10x10' deck with 6x12' stairs to beach; and construct 6x6' platform and 6x14' stairs to deck. Located: 52323 County Road 48, Southold. This has been deemed inconsistent with the LWRP. The proposed 100-square foot deck located near the bluff is not a permissible action pursuant to 275-11. Decks and platforms, no decks or platforms shall be permitted on or near bluffs. Platforms associated with stairs may not be larger than 32 square feet. The CAC recommended lo support the application. Board of Trust~es 31 October 20, 2010 Just a straight support. No conditions. Is there anyone here to speak for or against this application? MR. HERMAN: Rob Herman, En-Consultants, on behalf of the North Fork Beach Condominium. First I guess I have to address the LWRP determination. Might as well wake up Lori. I think this again relates back to a reoccurring problem with this 268 review where there is a determination of inconsistency being rendered based on a section of the code before it's properly determined whether 268 review is legally allowed. And I sent a letter Io Mark with a copy of the application, and I will read from the code that demonstrates, and Lori can correct me if I'm wrong, thai the application is exempt. Pursuant to Town Code 268-5 review of actions and corresponding definitions of action and minor action by 268-3 definitions, the proposed construction activities meat the following definition of minor action. Quote, B, replacement, rehabilitation or reconstruction of a facility inkind on the same site, inplace, except for structures in areas designated by the Coastal Erosion Hazard Area Law, where structures may not be replaced, rehabilitated or reconstructed without a permit. Because both the, quote, stairways constructed solely for pedestrian use and built by an individual property owner for the limited purpose of providing non-commercial access to the beach, end quote, and the replacement deck Io he constructed over open timber framework, quote, with a top surface area of less than 200 square feet, end quote, are defined as unregulated activities by 111-6, their construction is not regulated by Chapter 111 and therefore may be constructed without a coastal erosion management permit. The proposed additions therefore quality as minor actions thai are not subject to waterfront consistency review pursuant to Chapter 268, Il was for that reason that we did not file an LWRP consistency assessment form with the Trustees. If the action is a minor action and it is exempt, it cannot be reviewed under 26& There is nothing that we are proposing here that is reviewable under 268, therefore we can't have a determination that the project is inconsistent because of its inconsistency with some portion of 275 or any other code. With respect to the substance of the project itself, the Board may recall it was almost a year ago that we met out there with Edc Star, Dawn McReynolds, I believe, and Karen Graulich from the DEC. This is a structure that provides use for dozens of members of this condominium association and has for decades upon decades upon decades. It was discussed however that as the structure has not been maintained in good enough repair to simply be repaired through ordinary maintenance, that we would have a tough time making the case to rebuild a four-hundred square foot deck over the beach area fronting Long Island Sound. However it seems to be the opinion both of the slate and of this Board that to completely remove the beach access from all of these owners on a property that they own and pay taxes on for the sole purpose of having beach access would not only be unfair Board of Trustees 32 October 20, 2010 but it would in effect take away their use and enjoyment of the property. So the agreement that we had come to at the time was that so it would - and, again, this was with Eric's guidance as well -- that we build a structure that was less than 200 square feet top surface and therefore would be not regulated and in effect allowable under coastal erosion. Not that it's allowable under a permit but that a permit is actually not necessary for the construction. Because of its proximity to tidal wetlands under 275 and also under article 25 for the state, it was the opinion of both this Board, or at least the members, I can't recall if all of you were there, but at least for the membere that were there, and the DEC, that we maintain the deck al no greater than 100 square feet. That is what we came up with. It has taken us so long to get in front of you because you may recall the condominium folks had also discussed the possibility of some sort of erosion stabilization project there that was ultimately delermined they didn't have the funds to proceed with that at this time so they just wanted to proceed with the access. That may be something that come back to you with in the future. So anyway, what we what you have before you tonight is what we had discussed in the field. I hope you find it does meet with our agreement, and if you have any other questions or comments, I would be happy to answer them, TRUSTEE KING: I remember being out there and the discussions so. I have one question, I was trying to find it here. TRUSTEE BREDEMEYER: So our attorney is in concun'ence essentially with the issues surrounding an inconsistent review or sort of void it or remove it from the discussion, if the cogent argument that you presented meets with her approval MS. HULSE; I don't agree with that. I don't think it falls under minor action. I don't really see the exemption you are speaking of. If you are talking specifically about B, I don't agree with that. MR. HERMAN: I'm not sure why. MS. HULSE: Because it's not a reconstruction of a structure inkind on the same site. This is different. MR. HERMAN: It's smaller. MS. HULSE: It's different, Also aren't you also including an additional platform or decking? MR. HERMAN: That's the platform at the top on the road. I don't think that is what the objection is. MS. HULSE: Well, I'm not going to replace my opinion for the LWRP coordinator's, I think he is well within his right to review this. MR. HERMAN: I respectfully disagree. MS. HULSE: At leasl it was respectively done. TRUSTEE BERGEN: Rob, this meeting that took place, I believe this, in the field, it was lasl Decembe~ MR. HERMAN: It was, yes. TRUSTEE BERGEN: And for the record, I was not there at the Board of Trustees 33 Octobor 20, 2010 December meeting, at the December field inspections last year. Myself personally, I do not think this falls within code. I think it, the size of the deck has got to be downsized because what you are talking about is a removal of the deck, rebuilding and replacement of the deck and we just had an application earlier this evening where we went through this, and we denied that application. So for myself, I just feel this has got to be downsized within the limits stated in the code. MR. HERMAN: Well, I think that with respect to the spirit of section of the code that relates to decks on bluffs, and this may not be consistent with the Board's, or I should say with your interpretation, based on the agreement of the rest of the Board members who were there with this plan, I would hope that they would retain the agreement. However, and again, just with respect to what Lori is saying, I think the spirit behind that section of the code that dissuades or prohibits construction of decks on bluffs is, has a lot to do with not only safety but the integrity of the bluff. So if you have a substantial bluff on Long island Sound, that is well vegetated and is in stable condition, the Board and the town wants to discourage somebody from going out and for purely recreational purposes having dinner or drinks or whatever, constructing a large deck that overhangs the edge of the bluff that would threaten to destabilize the vegetation on the bluff. I don't think there is anything even remotely similar to that situation here. This is a bluffthal you could almost jump down. It is a severely eroded area adjacent to a public roadway where this deck has always sat in effect seaward of the bluff itself, and has already been used as a recreational structure for this condominium associations with dozens and dozens of owners that use this beach. This is not the whim of one private owner who wants to come out and propose this brand new structure that threatens the integrity of a well-vegetated bluff. This is a deck that sits, for all practical purposes, seaward of the bluff. And there is no environmental condition here that is threatened by maintaining this deck. In fact we are proposing to reduce it from four-hundred feet, four-hundred square feet to 100 square feet. And this, my argument with Lori on something being different has come up before. I mean to that I would say, okay, well let's propose it to be four-hundred square feet. That gets the LWRP out of the way because now it's exactly the same. And then we'll cut it down with you. But I don't want to to play Stratego between 268 and 275. The purpose of the meeting last year was to come to a fair and reasonable agreement where I got out every involved agency person there was on one day at one time, everyone who devoted time to this and came up with this agreement, which is now what I have come to the Board with. What was the purpose of all that now if we are going to say, well, let's not do that, let's take the use away from the property owner. TRUSTEE DOHERTY: With respect to 275, I just want to note that Board of Trustees 34 Oc~ber20,2010 we have granted relief on these types of decks. We talked about a property tonight that we had granted relief before. This deck has been there for yeare and yeare, and that is the type of situations where we do grant relief. And he is substantially reducing the size of the deck, so I feel I want to stick with the agreement that we made and at the time we felt it was doable and I still feel it is. TRUSTEE GHOSIO: I agree. I was out there for that meeting and I believe this is what we discussed and I believe all agencies and all folks that were there at the time felt it was a good idea and a good compromise to what is there. Comparing it to the deck on a bluff on Soundview that we denied earlier tonight, I cee there to be a substantial difference between that and this, as you already stated. I also think there is a difference in what it's being used for. I think it's, you know, how many of the condos are there, 30, 40 condos, and individual ownere have a right to access their beach. And in fact I think a smaller structure would probably be too limiting for what it is that they do. I think it's a great compromice. TRUSTEE BERGEN: With all due respect, limiting the deck down to, as the code states, 32-square feet is not limiting their access to the beach. Their access to the beach is there through the staire. And so the deck has nothing to do, in my mind, this is just my opinion, with accessibility to the beach. The staire allow that. So they have full access to their property, they have full access to the use of the beach. I'm just trying to adhere to the code. That's all. MS. HULSE: I would agree with Dave. I don't think either of these decks comply with what the code says and lhere is no authority in the code where the Trustees can use their discretion to grant a variance. It's an operation standard that is in the code. MR. HERMAN: My only reaction to that is the same one, again. It seems it's becoming, it seems like the Board is ceasing to differentiate between what is truly a new project, a new structure, new construction, versus what is clearly and as laid out in 268, replacement, rehabilitation or reconstruction of a facility inkind on the same site, et cetera. My point is lhat if the code, if the town has chocen to use language like "replace," "rehabilitate" and "reconstruct" there is an explicit acknowledgment that certain structures exist and have existed since prior to the code that may be replaced, rehabilitated or reconstructed. And it seems like there is a continuing trend to say every time somebody takes a pre-existing structure and completely dismantles it for the purpose of re constructing or rehabilitating it, it's as if the structure never exists and now it's a new construction, just as if this was a vacant lot and now there is new construction. Which means you are stripping every owner in this town of the vested right of maintaining preexisting, nonconforming structures that pre-date code. And always harken back to the language that is actually in the ~oard of Trustees 35 October 20, 2010 original code that ultimately gives all the towns, including this one, its authority, which is the state wetland law. And judges have upheld the language in that code that says there is nothing in Article 25, under New York State, that may allow an agency to force an owner to remove or prevent them from replacing, rehabilitating or reconstructing a pre-existing non-conforming structure that predates the date of the code. There has to be differentiation by this Board between what is quite literally new and what is quite literally a replacement. We should not be punished because we are asking to downsize a pre-existing, nonconforming structure from four-hundred square feet to 100 square feet because it's not 32-square feet. It's arbitrary. MS. HULSE: But you are making an academic argument and you are asking them to do something that is against exactly what the code says and what they are charged with enfoming, the code. I mean you could make this argument all day long, but the state requirements, for instance, in the building code, you can't just replace something that has existed for 50 years. Sometimes things are upgraded and changed. Sometimes those reasons are not just environmental but for safety, health and welfare as well. So you are making a generalized argument because you want your applicant to get what he wants, but I don't think that's necessarily -- MR. HERMAN: I'm making the argument, Lori, because in principal, it's fight. MS. HULSE: I disagree with you as well. Things change. As Trustees point out all the time. There are new - they are more educated now, there are different standards that are in place, and there are reasons for those. And those could be good reasons. It's not to divest the propen'y owner of certain rights. TRUSTEE BREDEMEYER: I have a question. What if they merely move the existing deck and in other words it would still exist, then perform ordinary repairs on it which might include a request to amend it and make it smaller? it seams to me as a body politic when you meet with all these other groups and try to come to an accord on how to treat applicants fairly, and then you come to this point and then you go and say you can't do it, particularly where it's a very substantial downsizing, it seems on face value to me you are denying use of property. It seems improper on face value to me, where you are just making people jump through more hoops. I mean, they can apply to amend, t assume there is an existing permit for the structure. TRUSTEE BERGEN: Don't make that assumption. TRUSTEE DOHERTY: It predates. TRUSTEE BREDEMEYER: It predates so, in other words to move it would make it a new structure. They could do things more step wise instead of making people go through more hoops. It seems there was an attempt here to do the right thing MS. HULSE: It's not what the code allows. The code does not allow it. Board of Trustees 36 October 20, 2010 TRUSTEE BREDEMEYER: So, in other words you are suggesting the actions of all these groups meeting with an applicant in good faith should be voided. MS. HULSE: I'm just telling you what the code says. TRUSTEE BREDEMEYER: I appreciate that. Understood. TRUSTEE KING: Seems like we have a dilemma. MR. HERMAN: We are not going to downsize it. So if the Board wants to deny it, we'll respond. It's just we pushed and pushed and pushed and at some point it's beyond what is reasonable. TRUSTEE BREDEMEYER: This is different than the olher application we discussed earlier in that the other was coming in for an as built. These people have been trying to work with the Board. TRUSTEE DOHERTY: I agree. TRUSTEE BREDEMEYER: Instead of having a full blown battle on something like this, this goes to a lot of issues, I almost think tabling it and discussing with code committee or the Trustees putting their heads together. I can't see, if we have a problem with the code here, maybe we have to fix the code instead of undermining our relationship with individuals who are trying to work with us. MR. HERMAN: Loft, could you just read the section of the code again that we are talking about. MS. HULSE: You know what, I have given my advice to the Board. They can do whatever they want. I'm just telling you what the code says. As you know, Rob, we have been through this numerous times. It's what the code says. MR. HERMAN: Can you read the section of code we are talking about?. I just want what the exact language of the code is. TRUSTEE GHOSIO: Decks and platforms: No decks or platforms shall be permitted on or near bluffs. Platforms associated with stairs may not be larger than 32-square feet. MR. HERMAN: Okay. TRUSTEE GHOSIO: That's in 275. MR. HERMAN: So if I could move this far enough seaward, then we would be completely over the beach and no longer within the bluff area. That be could possibly be one alternative. We would have a lesser wetland setback area but we would not be interfering with the bluff. Does that make more sense? TRUSTEE GHOSIO: Are them any other permits that you need permission from any other agencies? MR. HERMAN: No, not yet. But again, this was, I actually, since Karen Graulich's departure from the department, I did speak with Alexa Fournier again just to verify what had been discussed and had been assured the DEC would be issuing the permit. Just because there had a been a lag. TRUSTEE KING: I think the biggest thing that bothers me, personally, is that we all met in the field and we all said yes, this looks like a good idea. MR. HERMAN: I would say it bothers me as well. TRUSTEE BERGEN: Again, I was not part of that. MR. HERMAN: I could go back through my files and I don't recall 'Board of Trustees 37 October 20, 2010 which year that language was put in. TRUSTEE GHOSIO: 2005. TRUSTEE KING: Butwe have legal advice that we should listen to also. I don't want to ignore that. But, I don't know. Somebody help me. TRUSTEE BREDEMEYER: I think we should go for code amendment for 100 square feet. I think 32-squara feet, even if you need an engineering assessment and/or separate vegetation plan, I just think 32-squara feet for stairways and landings is too confining. Limit it to one landing or one area of 100 square feet and it seems a recurring theme we are getting hooked on this with LWRP consistency. I don't know, obviously, like you said, it's actually arbitrary and it's just a personal feeling I have, we are getting hooked up on these things and it seems a 10x10 deck is a pretty small deck. MR. HERMAN: Well, 200 is allowed under Coastal Erosion, with the presumption that deck is actually on the bluff. So you've got, in effect, language in a Wetland Code that is really, I don't know whether call It circumventing or trumping or whatever, I mean this Board has to judge those two codes. So just on its face the fact you ara allowed 200 square feet under Coastal Erosion and 32 feet under 275, I mean, based on what? TRUSTEE DOHERTY: Rob, I don't think this is the time to table it to do a code change. I think if we need to do a code change, that's something different Ihat we need to talk about. I think we need to move to this application. I don't want to table this and do a code change based on this application. I think we need to move on this application, and if we do do a code change in the future, then by all means they can come back and amend if they have to or re-apply or whatever the case may be. So I think we need to move on and make a decision on this. MR. HERMAN: So make a motion. TRUSTEE DOHERTY: Wifh all due respect to Lofts opinion, we have in the past, several times, made, I can think of a couple, I can't remember the names but I can think of a couple spots in town where we made relief to the 32-square foot size. One of lhem being tonight, that we didn't do it tonight, but the application wes before us. TRUSTEE BERGEN: You are talking about an application that we did not act on tonight. TRUSTEE DOHERTY: Right. We acted, on the Mitchell one, where he in the past has gotten relief and has a current permit for a deck larger than 32-squara feet. TRUSTEE BERGEN: For myself, I think we are comparing apples and oranges. I would like to see if there are no other comments, that we move on. TRUSTEE KING: Are we ready to make a motion? TRUSTEE BERGEN: We have to close the hearing first. TRUSTEE KING: I11 make a motion to close the hearing. TRUSTEE GHOSIO: Second. Board of Trustees 38 October 20, 2010 TRUSTEE DOHERTY: All in favor? (ALL AYES). TRUSTEE KING: I think we need to get this straightened out once and for all. Ill make a motion to deny the application that has been submitted. TRUSTEE BERGEN: I'll second that motion. TRUSTEE DOHERTY: Role call vote. Trustee Bredemeyer? TRUSTEE BREDEMEYER: No. TRUSTEE DOHERTY: Trustee Bergen? TRUSTEE BERGEN: Yes. TRUSTEE DOHERTY: Trustee King? TRUSTEE KING: Aye. TRUSTEE DOHERTY: Trustee Doherty, no. Trustee Ghosio? TRUSTEE GHOSIO: No. TRUSTEE DOHERTY: Resolution to deny fails. TRUSTEE BERGEN: Lel somebody else make a motion. TRUSTEE DOHERTY: I think that's the end of it, right? TRUSTEE BERGEN: The motion to deny, lost. So now if somebody else wants to make a motion to approve, they can. MS. HULSE: Of course. TRUSTEE BREDEMEYER: I'll make a motion lo table. TRUSTEE DOHERTY: For what reason? TRUSTEE BREDEMEYER: To have further discussion on this matter. In due recognition of legal counsel and the work of individuals trying to work together, that we continue a discussion instead of being confrontational through a no vote, that we work on this through a medium of discussion, possibly with the code committee, as a larger principal, not just looking at this one but looking at this, there is a ripening, to my mind, there is a very ripe inconsistency between Coastal Erosion Hazard and the Wetland Act in terms of what they are purporting to do here. I don't particularly want to rest on an individual who tried to work with this Board, this kind of problem. I would like to draw on a principal going forward. And that's my reason. TRUSTEE DOHERTY: Motion is on the table. Do we have a second? (No response). What happens when we don't have a second? MS. HULSE: The motion is lost. TRUSTEE KING: Someone else can make a motion. TRUSTEE GHOSIO: I'll make a motion to approve the application as submitted. TRUSTEE DOHERTY: I'll second that. Trustee Bredemeyer? TRUSTEE BREDEMEYER: Aye, reluctanlly. TRUSTEE DOHERTY: Trustee Bergen? TRUSTEE BERGEN: Nay. TRUSTEE DOHERTY: Trustee King? TRUSTEE KING: Nay. TRUSTEE DOHERTY: Trustee Doherty, aye. Trustee Ghosio? TRUSTEE GHOSIO: Aye. TRUSTEE DOHERTY: So the motion has passed to approve with a three to two vote. · [5oard of Trustees 39 October20, 2010 MR. HERMAN: Thank you. TRUSTEE BERGEN: Do we want to address the inconsistency in that?. TRUSTEE DOHERTY: I think in reducing the structure from four-hundred square feet to 100-square feet brings it into consistency. TRUSTEE GHOSIO: Number eight, En-Consultants on behalf of MARY BETH HENSON requests a Wetland Permit to construct onto existing two-story, one-family dwelling; dormer additions to the second story; a one-story addition, covered porch and steps onto the front side of the house, partially in place of an existing, raised masonry patio to be removed; a screened porch in place of an attached garage to be removed from the west side of the house; and new deck in place on an existing deck to be removed from the waterside of the house; remove existing hot tub and concrete pad; and construct a new hot tub and swimming pool. Located: 3300 Sound Drive, Greenport. The Board was out there and took a look at this. LWRP has found it to be consistent, and the CAC moved to support the application. Is there anybody here who would like to address this application? MR. HERMAN: Rob Herman, En-Consultants, on behalf of the applicant. Sounds like we are going well so far so I'll just say if I can answer any questions the Board has. TRUSTEE KING: It can only get better, Rob, it can only get better. MR. HERMAN: And I hope you appreciated the splendid stake out that was done by the surveyor, the painted words in the driveway. TRUSTEE BERGEN: We stepped right on that. TRUSTEE GHOSIO: The only note from the field inspection were it the leaders, gutters and drywells per Chapter 236. MR. HERMAN' I think they are on the site plan. They are. In fact we even have drainage calculations based on house roof area and two-inch rainfall. It's underneath the site data chart to the bottom left-hand corner. There is one 8x8 storm drain that is shown just to the southeast of the southeast comer of the pool. There is also a separate backwash drywell provided for the pool. TRUSTEE GHOSIO: Plans are showing a proposed ten-foot non-turf buffer as well. Hay bale lines on the plans. MR. HERMAN: There is a ten-foot non-turf buffer that exists kind of in that comer of the property. We are just going to extend it across. TRUSTEE GHOSlO: Are there any questions or comments from the Board? (No response). It was pretty straightforward. TRUSTEE KING: No, this was an easy one. TRUSTEE DOHERTY: Most of it is out of our jurisdiction TRUSTEE GHOSlO: I11 make a motion to dose the hearing. TRUSTEE BREDEMEYER: Second. Jill M. Doherly, 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 (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 ¼ constructed V/ Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES $OUTHOLD, NEW YORK PERMIT NO. 7423 DATE: OCTOBER 20 2010 ISSUED TO: NORTH FORK BEACH CONDOMINIUM PROPERTY ADDRESS: 52325 COUNTY RD. 48, SOUTHOLD SCTM#.135-1-22,1 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 October 20. 2010 in consideration of application fee in the sum of $250.00 paid by North Fork Beach Condominium 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 remove the existing +/-400 sr. deck and stairs, and construct in-place of removed deck a 10'X 10' deck with 6'X 12' stairs to beach; and construct 6,X 6' platform and 6'X 14' stairs to deck, and as depicted on the plans prepared by Eh-ConsUltants, Inc. dated September 21, 2010. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be aff'Lxed, and these preser~ts to be subscribed by a majority of the said Board as of this date. James King IAY Dave Bergen ~ NAY TERMS AND CONDITIONS The Permittee, North Fork Beach Condominium, 52325 County Rd.48. Southold. NY. as part of the consideration for the issuance of the Permit does understand and proscribe to the following: That the said Board of Trustees and the Town of Southold are released from any and ail 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. 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 Permittec 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 aiterations in the locatign 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 Pennittee 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. Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Brederaeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOAP.~D OF TOWN TRUSTEES TOWN OF SOUTHOLD October 20, 2010 Mr. Robert E. Herrmann En-Consultants, Inc. 1319 North Sea Rd. Southampton, NY 11968 RE: NORTH FORK BEACH CONDOMINIUM 52325 COUNTY RD. 48, SOUTHOLD SCTM#135-1-22.1 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wed., October 20, 2010 regarding the above matter: WHEREAS, Eh-Consultants, Inc. on behalf of NORTH FORK BEACH CONDOMINIUM applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, application dated September 29, 2010, 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 recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6.3 of the Local Watedront Revitalization Program to the greatest extent practical through the imposition of the following Best Management Practice requirement: the reduction in footprint of the pre-existing, non- conforming structure, and, WHEREAS, a Public Headng was held by the Town Trustees with respect to said application on October 20, 2010, 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, and, 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 for the mitigating factors and based upon the Best Management Practice requirements imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Pregram pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approves the application of NORTH FORK BEACH CONDOMINIUM to remove the existing +/-400 sf. deck and stairs, and construct in-place of removed deck a 10'X 10' deck with 6'X 12' stairs to beach; and construct 6'X 6' platform and 6'X 14' stairs to deck, and as depicted on the plans prepared by En-Consuitants, Inc. dated September 21, 2010. 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, JMD:lms Peter Young, Chairman Laurcn 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., October 13, 2010, the following recommendation was made: Moved by Audrey Horton, seconded by Peter Young, it was RESOLVED to SUPPORT the Wetland Permit application of NORTH FORK BEACH CONDOMINUM to remove the existing +/-400 sf. deck and stairs, and construct in-place of removed deck a 10'X 10' deck with 6'X 12' stairs to beach; and construct 6'X 6' platform and 6'X 14' stairs to deck. Located: 52325 County Rd. 48, Southold. SCTM#135-1-22.1 Inspected by: Audrey Horton, Peter Young Vote of Council: Ayes: All Motion Carried Jill M Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: NORTH FORK BEACH CONDOMINUM requests a Wetland Permit ....... to remove the existing +~-400 sf. deck and stairs, and construct in-place of removed deck a 10'X 10' deck with 6'X 12' stairs to beach; and construct 6'X 6' platform and 6'X 14' stairs to deck. Located: 52325 County Rd. 48, Southold. SCTM#135-1-22.1 ~wf area to be impacted: ater Wetland Freshwater Wetland Sound Bay Dista~ce of proposed work to edge of wetland. Pa.C/ofTown Code proposed work falls under: __Chapt.275,/¢~°~ Chapt. 111 other Type of Application: Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: Present Were: =~.King J-~.Doherty ~ Bredemeyer ~D. Bergen__ B.Ghosio, J D. Dzen-~owski --~ther Form filled out in the field ~py ~ Mailed/Faxed to: Date: NORTH FORK BEACH CONDOMINIUM~ LONG ISLAND SOUND~ SOUTHOLD~ Figure 1. Looking northeast from top of bluff over top of +_ 400 s.f. deck to be removed and replaced with 10' x 10' deck. l'Tgure 2. Looking southwest from beach at deck to be removed and replaced with I0' x 10' deck. NORTH FORK BEACH CONDOMIN1UM~ LONG ISLAND SOUND~ SOUTHOLD~ Figure 3. Looking northwest from beach at deck attd stairs to be removed and replaced. Figure 4, Looking north down stairs to be rentoved and replaced with stairs on east side of deck. EN-CONSULTANTS_ INC. ENVIRONMENTAL CONSULTING James King, Chairman Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www.enconsultants.com November 20, 2009 Re: North Fork Condominium~ Southold~ SCTM No. 1000-135-1-22.1 Dear Mr. King: Please accept this letter as a request for a pre-submission meeting with the Board at the captioned property during your December field inspections. As depicted in the attached photographs, this stretch of shoreline has become severely eroded to the point that the adjacent public roadway may soon be in danger of being undermined. As you know, the Highway Department dumped sandy fill to the west of the Condominium's "common area" property since the attached photos were taken last week, but the Condominium property was not the beneficiary of any fill. As a result, their beachfront remains severely eroded and their preexisting deck in danger of collapse. Because the Condominium owners would like to pursue aitematives for salvaging their deck and renourishing and stabilizing the bluff on their property, we would like pre-application guidance from the Board so that we may most efficiently pursue that end. Please confirm the date of your inspections and the likely time of day you will be there and I will coordinate meeting you there with representatives from the Condominium owners. R~y yours, Robert E. He~niann Coastal Management Specialist cc: Niko Papachdstou, President, NFC 11/E~/2009 14:57 FAZ EN-CONSULTM/TS EN-CONSULTANTS, INC. ELNVIRONMENTAL CONSULTANTS ~002 1319 N~th Sea Road scv, d~pa~, New Yo~ 119~ 631-283.-6360 Fax: 631-283-6136 www. en com~ultants,Com TO WHOM IT MAY CONCF. RN: · This letter will authofizc ~a-Consultants, h~c. to relm'e~ut me aud act on my behalf with regard to environmcatal matlem and/orpem~. ~, ]~oG ,LIP' Px;,.t 11/10/2009 12:22 71872G4792 FIRST MANAGEMENT #4927 P.001/001 FIRST M GEMENT CORPORATION November ~.0, 2009 To' Town of Southhold Trustees/Ms. Jill Doherty or Elizabeth Fax # 63&-765-664& From: First Management Corp. Re: Application for a permit to rebuild NorthFork Beach Condominium Please note that we are the managinl[ agent for the above named Condominium located at 52325 Country Road 48, Southhold, NY 11971. During the nor'easter and extensive beach erosion that occurred during the weekend of October 17 2009, Northfork Beach Condominium sustained extensive damal[e to the staircase, the platform(deck) as well as the bluff. They are seeking approval for a permit to rebuild these items damaged durin8 the storm that occurred that weekend. Please grant a permit to the Condominium in order for them to rebuild the dama~[ed areas of the building. In the event you have any questions, please do not hesitate to contact the undersil[ned. Yours truly, James Demetriou Managing Agent First Management Corp. 34-03 Broadway Fax: (718) 932 4750 Tel: (718) 726 4792 Astoria. N.Y. 11106 Robert Herrmann Page 1 ot~5 From; "Robert Hem~nann'' <rherrmana~enoonsultants corn> To: "Standish, Lauren" <Lauren Standish@town southotd ny us> Cc: <yanniandstacey@hotmail corn> Sent: Friday, November 20, 2009 2:22 PM Attach: PB100013.JPG; PB100014 JPG; PB100010 JPG; PB100011 JPG; PB100012 JPG; NoFoCondo pdf Subject: Nodh Fork Condo - pre-app request hi lauren, per our discussion, please see attached letter and photos hard copy will come separately with check and authorization will follow Robert E Herrmann Coastal Management Specialist Eh-Consultants, lnc 1319 North Sea Road Southampton, NY 11968 Phone: 631-283-6360 Fax: 631-283-6136 1/20/2009 Page 2 of 5 /20/2009 Page 3 of 5 l 1/20/2009 Page 4 of 5 Page 5 of 5 i 1/20/2009 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: From: Jill Doherty, President Town of Southold Board of Trustee¢ Mark Terry, Principal Planner LWRP Coordinato~ Date: October 15, 2010 Re: Request for Wetland Permit for NORTH FORK BEACH CONDOMINUM SCTM#1000-135-1-22.1 En-Consultants, Inc. on behalf of NORTH FORK BEACH CONDOMINUM requests a Wetland Permit to remove the existing +/-400 sf. deck and stairs, and construct in-place of removed deck a 10'X 10' deck with 6'X 12' stairs to beach; and construct 6'X 6' platform and 6'X 14' stairs to deck. Located: 52325 County Rd. 48, Southold. SCTM#135-1-22.1 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. 6.3 Protect and restore tidal and freshwater wetlands. 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 100 square foot deck located near the bluff is not a permissible action pursuant to: 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs. Platforms associated with stairs may not be larger than 32 square feet. [Amended 10-11-2005 by L.L. No. 17-2005] 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 Brederneyer Town Hall, 53095Main Rd. P.O. Box 1179 Southold,NY 11971 Telephone (631) 765-1892 Fax (631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office UseOnly ~eastal Erosion Permit Application tland Permit Application Amendment~Tra~sfer/Extension ce-'~ved A p p I~:at i on :q [,~.1~ [ ]~ ~,~d F~ . ( ~ompleted Appl~at ;on Incomplete ~SEQRA Classification: Type I Type lI Unlisted ~Coordination: (date sent)_ ~WRP Consistency Assessment Fo~ /CAC Refusal Sent: t ~te of lnspection:~ ~Receipt of CAC Rcpo~: ~Lead Agency Determination: Technical Review: ~lic Hearing Held:~~ ~Resolution: Administrative Permit Name of ApplicantNORTH FORK BEACH CONDOMINIUM Address C/O NIKOLAS PAPACHRISTOU, PRESIDENT; 28-51 49TH STREET, ASTORIA, NY 11103 Phone Number: (917) 939-4771 Suffolk County Tax Map Number: 1000 - 135-1-22.1 Property Location: 52325 COUNTY ROAD 48, SOUTHOLD (provide LILCO Pole #, distance to cross streets, and location) AGENT: EN-CONSULTANTS, INC. (If applicable) Address: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 Phone: 631-283-6360 Board of Trustees App] GENERAL DATA Land Area (in square feet): 1,752 SQ. FT. Area Zoning: R-40 Previous use of property: BEACH ACC ESS/RECREATION Intended use of property: NO CHANGE Covenants and Restrictions: If "Yes", please provide copy. Yes X No 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 Date Yes X No __ No prior permits/approvals for site improvements. 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): Remove existing +/- 400 square-foot deck and stairs, and construct in-place of removed deck a 10' x 10' deck with 6' x 12' stairs to beach; and construct 6' x 6' platform and 6' x 14' stain to deck, all as depicted on the project plan prepared by En-Consultants, Inc., dated September 2 I, 2010. Board of Trustees ApplOtion WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To maintain the access & preexisting use and enjoyment of the subject parcel. Area of wetlands on lot: 0 square feet Percent coverage of lot: 0 % Closest distance between nearest existing structure and upland edge of wetlands: 0 feet (stairs) Closest distance between nearest proposed structure and upland edge of wetlands: +/-13 feet (deck) Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated?N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: N/A 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): The project entails the +/-75% reduction in footprint of a preexisting nonconforming deck and replacement of associated bluff and beach access stairs, which are used by a multitude of residents who reside in the North Fork Beach Condominium. Both the top surface of the deck (<200 mil) and stairway construction are unregulated activities as defined by Chapter Ill of the Town Code and therefore do not require a Coastal Erosion Management Permit. The +/-300 s.fi reduction in deck footprint and use of untreated decking material will create a net improvement in the property with respect to Chapter 275. PROJECT ID NUMBER 617.20 ~LI APPENDIX STATE ENVIRONMENTAL ~D/REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only (To be completed by A 4icant or Project Sponsor) 2. PROJECT NAME SEQR PART 1- PROJECT INFORMATION I4 O~PI~C~L~S~IC~RC ON D O M IN 1U M BY EN-CONSULTANTS, INC. NORTH FORK BECH CONDOMINIUM DECK & STAIRS 3. PROJECT L~ATION: M~d~i~ SOUTHOLD County SUFFOLK 4. PRECISE L~ATION: Street Address and Road Intersections. Prom~ent landmarks etc - or provide map 52325 COUNTY ROAD 48, TO~ OF SOUTHOLD, SCTM gl000-135-1-22.1 6. DE~RIBE PROJECT BRIEFLY: Remove existing +/- 400 square-foot deck and stairs, and construct in-place of removed deck a Iff x 10' deck with 6' x 12' stairs to beach; and construct 6' x 6' platform and 6' x 14' stairs to deck, all as depicted on the project plan prepared by En-Consultants, Inc., dated September 2 l, 2010. AMOUNT OF LAND AFFECTED: lni~ally 1,752 S.F. acres Ultimately 1,752 S.F. acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [~Yes [] No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [~ResidenBal ~l.dllsthal [~Commercial [~Agficulture ~] Park / Forest / Open Space DOther (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) [~Yes [--] No If list name and permit / approval: yes, agency NYS DEC 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~Yes []No If yes, list agency name and permit / approval: I~.~S A Ph~LT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/SponsorName ROB~E. HERRMANN, COASTALMANAGEMENTSPECIALIST Date: SEPT. 27,2010 Signature n~.~-~ ~' '" If the action is a Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) B. V~ILLACT1ONRECEIVECOORDINATEDREVIEWASPROVlDEDFORUNLISTEDACTIONSiN6 NYCRR, PART617.67 IfNo, anega~,e I-Iv- [Z].o C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED ~MTH THE FOtJ_OWING: (Answers may be hamlmiften, If inglble) C1. F-~ds~ng air quaRy, sulface or groundwater quaBty or quantity, ~ise invels, mdstlng trafltc pattern, ~ ~ ~ or ~1, Growth, subsequent de~,~,,~,,,en(, or' related activities likely to be iadu~l by Ihe propesed ac~on? Explain briefly: C6. Long tram, short term, cumulative, or other effects not inentlfmd in O1-CS? Explain briefly:. D. W1EL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAt E. I$ THERE, OR IS THERE UKELY TO BEI CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If PART III - DETERMINATION OF SIGNIFICANCE (To be completed by .,~]ency) INSl~UCTIONS: F~eachadversee~ect~denfJ~edab~ve~detmminewhatheritls~ub~tantia~arge~im~r~n~nL Each ef[ect should be assessed in connec~on with its (a) setting (i.e. urban or rural); (b) prohabllity of occurring; (c) dma0on; (d) In~versbir~, (e) geographic scope; and (f) magnitude. If neoessary, add adachments or refeme~e supporting materials. Ensure that explanations contain mJfficient detail to show that all relevant adverse impacts have been Identified and adequately addressed. If question d of pa~ Ii was checked ym~. the,determination of significance mustevaluata the potential impact of the proposed action on the environmental chamctadslk~ oftha ~ Cbec~ this box If you have Identlfmd one or more potentially large or slgnlfl~ant m impacts which ~y ~. Tben proceed dlrectly to Ihe FUU FAF and/or prepare a positive declaration. gVlLL NOT result 1~ any signfllcant adverse eflvIronmental Impacts A~D provide, ~ altach~ as nece~, the reasons supporting th~ determination. Board of Trustees Name of Lead Agency Jill M. Doherty · PJint or Tyi~e Ngtrne of R~sponsible Officer in Lead Agency President Title of Responsible Officer Sigr~ture of Preparer (If different from responsible officer) V Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghoslo, 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 OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of NORTH FORK BEACH CONDOMINIUM COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I ~J' ; I being duly sworn, depose and say: That on thel'ro[glday of 0~6'~ ,2010, I personally posted the property known as by placing the Board of Trustees official po~ter 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. Date of hearing noted thereon to be held Wed.~ October 20~ 2010 on or about 6:00 PM. Dated: (signatur¢~ ~ Sworn to before me this day oft~¢/ 2011/o NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: NORTH FORK BEACH CONDOMINIUM SCTM# 1000-135-1-22.1 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Remove existing +/- 400 square-foot deck and stairs, and construct in-place of removed deck a 10' x 10' deck with 6' x 12' stairs to beach; and construct 6' x 6' platform and 6' x 14' stairs to deck, all as depicted on the project plan prepared by En-Consultants, Inc., dated September 2 l, 2010. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 52325 COUNTY ROAD 48, SOUTHOLD 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE: OCTOBER 20TH, 2010 ~ 6:00 P.M. You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. NORTH FORK BEACH CONDOMINIUM PROPERTY OWNERS NAME: c/o NIKOLAS PAPACHR1STOU, PRESIDENT MAILING ADDRESS: 28-51 49TH STREET, ASTORIA, NY 11103 PHONE#: 917-939-4771 AGENT: EN-CONSULTANTS, INC. MAILING ADDRESS: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 PHONE #: 631-283-6360 Enc: Copy of sketch or plan showing proposal for your convenience. PROOF OF ~ILING OFNOT~ ATTACH CERTIFIED ~IL I~E~TS Name: Address: ALI HOMAYUNI 2001 QUALIFIED 111 EXECUTIVE DRIVE PERSONAL RESIDENCE NEW HYDE PARK, NY 11040 ANGELOPADOVAN 19120 67thDRIVE FOREST HILLS, NY 11375 NORTH FORK BEACH CONDOMINIUM CO NIKOLAS PAPACHRISTOU, PRESIDENT 28-51 49TH STREET ASTORIA, NY 11103 STATE OF NEW YORK COUNTY OF SUFFOLK ROBERT E. HERRMANN doing business at EN-CONSULTANTS, INC. 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 , being duly sworn, deposes and says that on the / LA day of ~F/~ ,20 10 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at SOUTHAMPTON , that said Notices were Mailed to each of said persons by (certified) iRO0~x%~) mail. ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST Sworn tq>nbefore me this day oS CdO , ,20lO ~ ~ Notary Publ~c- Ali Homayuni 2001 Qualified Personal Residence 111 Executive Drive New Hyde Park, NY 11040 '~ OFF m Postege ILl Certified Fee CIAL U'S m North Fork Beach Condominium ~ ~ c/o Nikolas Papachnstou Ell ~/r~,'~7 ~," th p_[orm~ox~. 28-51 49 Street ~ Astoria, NY 11103 OFFICIAL USE r-1 Postage ~o s°"I_ ro Angelo Padovan m ~F,~'~i'~,~:~:F'19120 67th Drive r,- uE~;;~t~;i Forest Hills, NY 11375 Board of Trustees Applica~on AUTHORIZATION (where the applicant is not the owner) (print owner of property) residing at (mailing address) do hereby authorize (Agent) to apply for permit(s) from the So. Trustees ~x~ (O~>~r~s signature) on my behalf. County of Suffolk State of New York 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 1NSPECT THE PREMISES IN CONJUNCTION WITH R~PLICAT1ON. SWORN TO BEFORE ME THIS VINODKUMAR C. SHINGWANI NOTARY PUBLIC, State of New York No. 01SH4799926 Qualified in Queens County Certificate filed in New York County Commission Expires Dec. 31, 2009 APpLiCANT/AGENT/REPRESENTATIVE TRANSACTIONAL DiscLOSURE FoRM · · the art oft°~s this form is to rovide mmr ssa toaV nece less ou are applying m the n~me of ' r corllpany'$ name.) person s o NAME OF A?PLICATION: (Check all that apply.) Building ~ Trustee ~ Coastal Erosion ~ Mooring ~ Planning Tax grievance Variance Change of Zone Approval of plat Exemption from plat or official map / Do you personar. Y (,. ~A~ ,,Relationsbip inclu Y including a partnership, in which the town officer or employee has even a partial ownership of the Town of DOlltt~Otu town officer or employee owns more than 5% of the shares. in which the NO ~ ' d yES ~ ..... nd date and sign where md]cate · If you answered "yES", complete the balance of tins Name of person employed by the ";own of Southold _ Title or position of that person _~.~ '~ nd the t~wn officer or emplo)ee. Either check ...... licant/agentirepresem~"ve' a relationship between yourselt tthe ?v~( -~-~ ~ce nro,Aded. Describe the through D) and]or descr t~e m the appropriate line A) The town officer or employee or his or her spouse, s~bbng, parent, or chdd Is (check all that apply) corporate stock of the applicant ~rxj t(n~e~h~ the applicant is a corporatl°m.'lterest in a non.corporate entity (when the B) the legal or beneficial owner of any n ~ licant is not a corporation); ~.,lo,~ee of the applicant; or app ' ctor artner, or ~-.v C) an officer, dire , P ~D) the actual applicant· DESCRIPTION OF RELATIONSHIP Submitted this Signature~ Print Name v .... Form TS 1 EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING - 1319 North SeaRoad Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com Mark Terry, LWRP Coordinator Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 Re: North Fork Beach Condominium~ 52325 County Road 48~ Southold Dear Mr. Terry: Attached please fred a copy of an application being filed with the Board of Trustees for a Town Wetlands Permit to remove replace a preexisting nonconforming deck and associated stairways with a 10' x 10' deck and associated stairways, all located within 100 feet of wetlands and within a within a Coastal Erosion I3azsrd Area, all as depicted on the survey prepared by Nathan Taft Corwin, III, L.S., dated August 18, 2010, and the project plan prepared by En-Consultants, Inc., dated September 21, 1010. Pursuant to Town Code §268-5 ("Review of Actions") and the corresponding definitions of"action" and "minor action" by §286-3 ("Definitions"), the proposed construction activities meet the following definition of minor action: "B. Replacement, rehabilitation, or reconstruction of a facility, in kind, on the same site (in place)...except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where slxuctares may not be replaced, rehabilitated, or reconstructed without a permit...." Because both the "stairways constructed solely for pedestrian use and built by an individual property owner for the limited purposes of providing noncommercial access to the beach" and the replacement deck to be constructed over open timber framework "with a top surface area of less than 200 square feet" are defined as "unregulated activities" by §111-6, their construction is not regulated by Chapter 111 and may be constructed without a Coastal Erosion Management Permit. The proposed additions therefore qualify as minor actions that are not subject to waterfront consistency review pursuant to Chapter 268. Thus, I have not filed an LWRP Consistency Assessment Form with the Trustees. Should you determine the project is not exempt from waterfront consistency review, however, please let me know and I will file the form with your office immediately. Re~ly yours, -~ Robert E. Hernnann Coastal Management Specialist cc: Lauren Standish, Board of Trustees EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com September 27, 2010 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Atm.: Lauren Standish SEP 2 cj 20 0 Re: North Fork Beach Condominium 52325 County Road 48, Southold SCTM #1000-135-1-22.1 Dear Ms. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: Three (3) Wetland Permit Applications including: a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms; c) project plans; and d) survey. One ( 1 ) set of site photographs. Application fee of $250.00 wetlands. I trust this information shall allow you to process our permit request. Should any additional information be required, please do not hesitate to contact our office. Coastal Management Specialist ttkhs Enc. LONG IS~D SOUND ¢ /U'-~0~' EX. DECK 1" = 40' Cftc (/'~T,0~55 VIA 5UC,~c'r ~O'FC~rY) ~N6 ON P05?'5//,01~ fr~ 4" '1 ~CTIOH I'HRLI PP~OPO~12 qM~R 51'AIRWAY PI~OPO~I2 ~CK ANI~ 51'AIIL::~'VAY I~PFAC~M~Nf FOR NOlerH PO~ I~/~H 60NPOMINILIM ON bONO ISLANP SOLINO, 50LII'HOLig, SLIP:POLK CO,, NY F:~aP. Bf l OF I 9/ 21/ I0 LONG '-' $4'01'33" ~ N 44.88 LOTQ N 85'26'40" E ~/o/~ ALI HoMAYUNI TRUST tx ZOUND VIeW AV]~U~ SURVEY OF PROPERTY SITUATE SOUTHOLD TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-155-01-22.1 SCALE 1"=20' JUNE .30, 2010 AREA 1,752 sq. ff. (TO TIE LINE) 01040 CC . NOTEs: 1. LOT NUMBERS SHOWN THUS: LOT(~ REFER TO MAP OF PROPERTY OF NATHAN GOLDIN FILE IN THE OFFICE OF THE CLERK OF SUFFOLK ON NOVEMBER 22, 1932 AS FILE No. 1106 2. ELEVATIONS ARE REFERENCED EXISTING ELEVATIONS ARE EXISTING CONTOUR LINES COUNTY TO N.A.V.D. 1988 DATUM SHOWN THUS:~ ARE SHOWN THUS: -- N,Y,S, LIC. NO 50467 THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. Nathan Taft Corwin III Land Surveyor PHONE (631)727-2090 Fox (631)727-1727 30 14