HomeMy WebLinkAbout1000-15.-3-46 OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To:
Jill Doherty, President
Town of Southold Board of Trustees
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: September 20, 2011
Re:
Proposed Wetland Permit for ARTHUR & RUTH VENTURA
SCTM#1000-15-3-46
En-Consultants on behalf of ARTHUR & RUTH VENTURA request a Wetland Permit to legalize the
existing bluff stairway with landings and an on-grade 8'× 13' wood patio. Located: 125 Sound View Rd.,
Orient. SCTM#15-3-46
Figure 1. Subject site showing illegal wood patio.
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 as built
bluff stairs and 8'x13' (104 square foot) wood patio is not a permissible action pursuant to 275-11
Construction and operation standards, A (6) and is INCONSISTENT with LWRP Policy 6.3 (below) and
therefore, 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.
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]
The 8' x13' (104 square foot) platform was constructed without a permit pursuant to Chapter 27,5
Wetlands and Shorelines of the Southold Town Code and located near the top of bluff as depicted on
the survey dated last revised on Auqust 23, 2011. It is recommended that the structures be removed.
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
Town of Southold
t
INSTRUCTIONS
I,
LWRP CONSISTENCY ASSESSMENT FORM
Allapplicantsf0rpermits* including T0wn 0fS0uth0ldagencies, shallc0mpletethisCCAF for
proposed actions that are subject to the Town of S0uth01d W aterfr0nt C 0nsistency Review Law. This
assessment is intended to supplement other inform ati0n used by a T ow n of S 0uth0Id agency in
m a k in g a d e t e r m in a t io n 0 f c 0 n s is t e n c y. *Except minor exempt actions including Building Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area.
Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold Local
Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area (which includes all of Southold Tow'n).
SCTM# 45
If any question in Section C on this form is answered "yes" or "no", then the proposed action will
affect the achievement of the LWRP policy standards and conditions contained in the consistency
review law. Thus~ each answer must be explained in detail~ listing both supporting and non-
supportin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and
conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: 0nlin~ at. the Town of Southold's website
(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local
libraries and the Town Clerk's office.
DESCRIPTION OF SITE AND PROPOSED ACTION
3 . 46
PROJECT NAME ARTHUR & RUTH VENTURA
The Application has been submitted to (check appropriate response):
TownBoard [~] Planning Board[-"] Building Dept. ~-] Board of Trustees [5~]
Category of Town of Southold agency action (check appropriate response):
(a)
(b)
(c)
Action undertaken directly by Town agency (e.g. capital ~ ~___~-
construction, planning activity, agency regulation, land transaction) ~
Financial assistance (e.g. grant, loan, subsidy) [~]
Permit, approval, license, certification: c.~ ' ~ ~
Nature and extent of action:
Legalize an existing bluff stairway with landings and an on-grade 8' x 13' wood "patio" constructed without a wetlands permit, as
depicted on the survey prepared by Nathan Taft Corwin III, Land Surveyor, last dated August 23, 20I 1.
Location of action: 125 SOUND VIEW ROAD, ORIENT
Site acreage:. 0.58 ACRE
Present land use: RESIDENTIAL, SINGLE-FAMILY DWELLING
Present zoning classification: R-40
If an application for the proposed action has been filed with the Town of Southold agency, the following
information shall be provided:
(a) Name of applicant: ARTHUR & RUTH VENTURA
(b) Mailing address: 54 WILLOW RIDGE DRIVE
SMITHTOWN, NY 11787
(c) Telephone number: Area Code 516-403-2006
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes ['--] No [5~ If yes, which state or federal agency?.
C. Evaluate the project to the following policies by analyzing how the project will further support or not
support the policies. Provide all proposed Best Management Practices that will further each policy.
Incomplete answers will require that the form be returned for completion.
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation
criteria.
~Yes ~ No ~ Not Applicable
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP
Section III - Policies Pages 3 through 6 for evaluation criteria
~ Yes ~] No [5~ Not Applicable
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
Maintaining the existing stairway is consistent to the extent Policy 3 is applicable, as the footprint of the existing stairway on the bluff is
limited; it exists between well established vegetation; and it is similar in character to numerous other similar stairways located along the
Long Island Sound shoreline that provide access to the beach.
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section III - Policies Pages 8 through 16 for evaluation criteria
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
- Policies Pages 16 through 21 for evaluation criteria
~] Yes ['--] No [~ Not Applicable
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22
through 32 for evaluation criteria.
Yes [~ No ~ No~ Applicable
The existing stairwa~ has neither had nor is having any significant adverse impacts on the adjacent bluff, beach, or tidal waters and thus
maintaining it would be consistent with Policy 6.
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies
Pages 32 through 34 for evaluation criteria.
[-"] Yes ~] No [~ Not Applicable
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southoid from solid waste and hazardous
substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria.
~ Yes [--] No [~ Not Applicable
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation
criteria.
~ Yes ~'~ NoN Not Applicable
The existing stairway does not obstruct nor interfere with public access along the beach.
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Sou,thold's water-dependent uses and promote siting of new water-depen.dent
suitable locatiofis. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria.
~ Yes V'~ No [~ Not Applicable
uses in
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary
and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria.
~ Yes [~ No [~ Not Applicable
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62
through 65 for evaluation criteria.
[~ Yes [~] No [5~ Not Applicable
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III - Policies; Pages 65 through 68 for evaluation criteria.
[~ Yes [~ No [~ Not Applicable
ROBER RRMANN
PREPARED BY
TITLEcoASTAL MGMT SPECIALIST DATEAug. 26, 2011
Amended on 8/1/05
SURVEY OF
RYDER LANDING
MAP OF
ORIENT BY THE SEA
SECTION TWO
FILE No. 3444 FILED OCTOBER 26, 1961
S[TUATE
ORIENT POINT
TOWN OF $OUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000-15-03-,4.6
SCALE 1"=$0'
OCTOBER 18, 2001
JANUARY 29, 2002 REVISED PROPOSED PLOT PLAN
AUGUST 27, 2002 RE-LOCATED TEST HOLE
MARCH 18, 2003 REVISED PROPOSED HOUSE
dUNE 14, 2003 REVISED PROPOSED SEPTIC SYSTEM
DECEMBER 10, 2005 REVISED PROPOSED HOUSE
FEBRUARY 18, 2004 REVISED PROPOSED HOUSE
JUNE 2, 2004 REVIBED PROPOSED HOUSE
AUGUST 4, 2004 FOUNDATION LOCATION
FEBRUARY 16, 2005 FINAL SURVEY
AUGUST 25, 2011 UPDATE SURVEY FOR STAIRS
AREA = 25,433 sq. ft.
(TO TIE LINE) 0.5848 OC.
m
z
I'q
O~
TANK
PREPARED IN ACCORDANCE WITH THE MINIMUM
STANDARDS FOR TITLE SURVEYS AS ESTABLISHED
FOR SUCH USE BY THE NEW YORK STATE LAND
TITLE ASSOCIATION
UNAUTHORIZED ALTERATION OR ADDITION
TO THIS SURVEY IS A VIOLATION OF
SECTION 7209 OF THE NEW YORK STATE
EDUCATION LAW.
COPIES OF THiS SURVEY MAP NOT BEARING
THE LAND SURVEYOR'S iNKED SEAL OR
EMBOSSED SEAL SHALE NOT BE CONSIDERED
TO BE A VAUD TRUE COPY,
CERTIFICATIONS INDICATED HEREON SHALL RUN
ONLY TO THE PERSON FOR WHOM THE SURVEY
IS PREPARED, AND ON HIS BEHALF TO THE
TITLE COMPANY, GOVERNMENTAL AGENCY AND
LENDING INSTITUTION LISTED HEREON. AND
TO THE ASSIGNEES OF THE LENDING INSTI
TUTION, CERTIFICATIONS ARE NOT TRANSFERABLE
THE EXISTENCE OF RIGHTS OF WAY
AND/OR EASEMENTS OF RECORD, IF
ANY, NOT SHOWN ARE NOT GUARANTEED.
Llc No. 49668
Natha t Corwin III
Land ,Surveyor
Successor To: Stanley J. Isaksen, Jr. L.S. Joseph A. Ingegno L.S.
T/tie Surveys -- Subdivisions -- S/te Plans -- Construction Layout
PHONE (651)727-2090 Fax (651)727-1727
OFFICES LOCATED AT MAILING ADDRESS
1586 Main Road PO. Box 16
Jamesport, New York 11947 Jamesport, New York 11947
23-101I