HomeMy WebLinkAbout1000-135.-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
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