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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