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Home My WebLink About1000-135.-1-22.1 O~'FICE 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 Trustee~ From: Mark Terry, Principal Planner ,~ LWRP Coordinator: ~'~ 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 wdtten determination regarding the consistency of the proposed action, Cc: Lori Hulse, Assistant Town Attorney EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING Mark Terry, LWRP Coordinator Planning Board 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. enconsulta nts.com 8EP 2 9 2010 Southold Town [~oard of Truslee~ Re: North Fork Beach Condominium~ 52325 CounW Road 48~ Soughold Dear Mr. Terry: Attached please find 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 stainvays, all located within 100 feet of wetlands and within a within a Coastal Erosion Hazard Area, all as depicted on the survey prepared by Nathan Taft Corwin, III, L.S., datexi 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 defmitions 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 ora facility, in kind, on the same site (in place)...exeept for structures in areas designated by the Coastal Erosion HaTard Area (CEHA) law where structures may not be replaced, rehabilitated, or reconstructed without a permit...." Because both the "stairways conslmcted 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 constmctod 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. '-7i ~ :7-: J s/ ~ .,, ./.. ~ ! i ~tespect~ny yours, ....... j Rbbert E. Herrmann C~astal Management Specialist cc: Lauren Standish, Board of Trustees 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 TOWNTRUSTEES TOWNOFSOUTHOLD Office Use Only Coastal Erosion Permit Application Wetland Permit Application __ Administrative Permit Amendment/Transfer/Extension Received Application: Received Feel Completed Application Incomplete __SEQRA Classification: Type I Type I1 Unlisted __Coordination: (date sent). LWRP Consistency Assessment Form __CAC Referral Sent: ___Date of Inspection: __Receipt of CAC Report: __Lead Agency Determination: ~Technical Review: Public Hearing Held: __Resolution: Name of ApplicantNORTH FORK BEACH CONDOMINIUM Address c/o NIKOLAS PAPACHRISTOU, PRESIDENT; 28-51 49TH STREET, ASTORIA, NY 11103 Phone Number: ~ 939-4771 Suffolk County Tax Map Number: 1000 - 135-l-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 Application GENERAL DATA Land Area (in square feet): 1,752 SQ. FT. Area Zoning: R-40 Previous use of property: BEACH ACCESS/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 I2' 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 21,2010. Board of Trustees Application 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 am used by a multitude of residents who reside in the North Fork Beach Condominium. Both the top surface of the deck (<200 s.f.) and stairway construction are unregulated activities as defined by Chapter III of the Town Code and therefore do not require a Coastal Erosion Management Permit. The +/-300 s.f. 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 SEQR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION ( To be completed by A ?plicant or Project Sponsor) ~f~C~S~RcoNDOMINIUM BY 2, PROJECT NAME EN-CONSULTANTS, INC. NORTH FORK BECH CONDOMINIUM DECK & STAIRS B. PROJECT LOCATION: Municipality SOUTHOLD County SUFFOLK 4. PRECISE LOCATION: Street Address and Road Intersections. Prominent landmarks etc ~ or provide map $2325 COUNTY ROAD 4S, TOWN OF SOUTHOLD, SCTM #1000-135-1-22.1 5. IS PROPOSED ACTION: [] New [-~Expar, sic~ [~katim/alterafim 6. DESCRIBE PROJECT BRIEFLY: Remove existing +/- 400 square-foot deck and stairs, and construct in-place of removed deck a 10' x 10' deck with 6' x 12' stair lo beach; and construct 6' x 6' platform and 6' x 14' stairs to deck, all as depicted on the project plan prepared by Eh-Consultants, Inc., dated September 21, 2010. 7. AMOUNT OF LAND AFFECTED: h~ilially 1,752 S.F. acres Ultimately 1,752 S.F. acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? []Yes ~ No Ifno, describe briefly: 9. WHAT 1S PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [~Residential []Industrial ~Conm/ercial []Agriculture [2Park/Forest/OpenSpace [~Other(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 yes, list agency name and permit / approval: 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 P,~S~LT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ~ Yes [z~No I CERTIFY THAT,'~THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name ROB~ E. HERRMANN, COASTAL MANAGEMENT SPECIALIST Date: SEPT. 27, 2010 Signature~ ~ If the action is a Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) (print owner of property) residing at (mailing address) do hereby authorize ~A~~ ~.t4~:n~l-~, [dO., . (Agent) to apply for permit(s) from the So, Trustees on my behalf. Board of Trustees Application County of Suffolk State of New York AFFI ~]F. HE 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 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 INSPECT THE '~~e VINODKUMAR C. SHINGWANI NOTARY PUBLIC, State of New York No. 01SH4799926 Qualified in Queens County Certificate flied in New York County Commission Expires Dec. 31, 2009 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code &Ethics ~rohlbits conflicts of interest on the oart of town officers and emolovees. The oumose of this form is to orovide information which can alert~he town of oossible conflicts of interest and allow it to take whatever action is necessary to avoid samoO ,~ [ (Last name, first name, middle initia'], unless you are applying in the 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 &Zone Coastal Erosion Approval &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 interesf' means a business, including a partnership, in which the town officer or empIoyce 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 &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 I Submitted this / da~/ L 20~ ~__ Signature Print Name 5C1'M No, tOOO-IDg-J-22J VIA LONG ISLAND SOUND EX. DECK & STALES TO e£ REMOVED_......~_.~L 5uff'dk Hn~4r~ Mm 28 5UCTIOKI THRU PROPO~IP qMP~R ~fAIFA,VAY Sd~tB: 1" ' I0' PI(OPO~I2 DUCK ANI2 5TAKa/VAY I~PUAC~MUNI' POP. NOkqld POI(K B~ACH CONDOMINIUM ON FONQ I~ANI2 FOIJNI2, fXDLKHOLI2, FLF~OLK CO,, NY 9rt~Uf I OF I °21 211 10