Loading...
HomeMy WebLinkAbout1000-81.-3-5 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Ma/n 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' Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: February 13, 2013 Re: Proposed Wetland Permit for ROBERT HORVATH SCTM#1000-81-3-5 J.M.O. Environmental Consulting Services on behalf of ROBERT HORVATH requests a Wetland Permit to reconstruct in-place 125' of Hurricane Sandy damaged retaining wall; to construct two 10' returns; to reconstruct and relocate a 10'x15' lower deck; to reinstall utilities; reconstruct and relocated 4'x25' stairs with landing; reconstruct and relocate 4'x4' landing and beach access stairs; install 94' of deer fence; place 10 cubic yards of sand on face of bluff and plant with native plants. Located: 4550 Paradise Point Road, Southold. SCTM# 81-3-5 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 to reconstruct in-place t25' of Hurricane Sandy damaged retaining wall EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "B" which states: B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site (inplace), including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit and shoreline erosion control structures (including, but not limited to, groins, jetties, bulkheads, filled piers) located within Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Odent Harbor, Gardiners Bay, Long Island Sound, Fishers Island Sound and Block Island Sound (excluding ail creeks); The proposed action is not located within theCEHA. The Board issued a permit for the bulkhead (retaining wall) in1993. The proposal to construct two 10' returns; to reconstruct and relocate a 10'xl 5' lower deck; to reinstall utilities; reconstruct and relocated 4'x25' stairs with landing; reconstruct and relocate 4'x4' landing and beach access stairs; install 94' of deer fence; place 10 cubic yards of sand on face of bluff and plant with native plants are CONSISTENT with the LWRP. It is my recommendation that the proposed actions to reconstruct and relocate a 10'xt5' lower deck 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 Comply with Trustee regulations and mcemmendations as set forth in Trustee permit conditions. The structure described was not constructed pursuant to Southold Board Trustees permit and not permissible under Chapter 275 Wetlands and Shorelines regulations. Pumuant 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 Towu of Southold LWRP CONSISTENC~ AS8~ FORM A. INSTRUCTIONS All applicants for permit~* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to thc Town of Sort, hold waterfront Consistency Review Law. TI~ assessment is intended to supplemeat other information used by a Town of Southold ageacy in making a determination of consistency. *Except minor exempt actions including Building Permits and other minlstertal permits not located within the Coastal Erosion Ha~ard drea. 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 eval-. _.yl. as to its significant beneficial and adverse effects upon the coastal area (which ineh,a.n all of Southold Town). 3' 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. Th~ each answer mnst be explained in detail, listina both suouortin~ and non- sun~orfin- facts, ff an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. local libraries and the Town Clerk's office. DESCRIFFION OF SITE AND PROPOSED ACTION A copy of the LWRP is available in the following places: online at the Town of Southold ' s website (southoldtown.nortlffork.net), the Board of Trustees Office, · ~. SCTM# 81 3 5 PR~NAM~ Storm Sandy Repairs The Application has been submitted to (check appropriate response): Town lkmrd JAN 3 0 2013 $outhold rows Cal~ory of Town of Soul'Id ~gency action (cheek apl~opri~'~): (a) A~on ~m ~fly by To~ ~cy (e.g. ~i~ ~ co~o~ planning ~fi~, ag~y m~o~ ~ ~) ~ ~) Financi~ ~ (e.g. ~ 1o~ s~sidy) (c) Permit, approval, license, certification: Nature and exlent of action: Please see attached Applicant proposes to reconstruct in place 125' of Storm Sandy damaged retaining walls, to construct two 10' returns, to reconstruct and relocate a 10'xl 5' lower deck, to reinstall utilities, reconstruct and relocate 4'x25' stairs with landings, reconstruct and relocate 4'x4' landing and beach access sta'u's, install 94' of deer fence, place 10 cy of sand on face ofbluffand plant with native plants Location of action: 4550 Paradise Sit, acreage: 30,171 sf Point Road, Southold Prese~l~ld~se: Single family dwelling Present zoning c!~}iication: ~- 4 0 If an application for the proposed action has been filed with thc Town of Southold agency, thc following information shall be provided: (a) Name of applicant: Robert rIorvath 4450 Paradise Point Road (b) M.!!i,~ address: Southold, NY 11971 (c) Telepho~l~umher:.A~aC°de(). 765-5218 Unknown ~rj/the aedon be d~M¥ ~d~t~ken, ~ fun~n~ or approv~ by a ~ate 0r f~er~ agency? Yes o[-q ' Ify 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. lnromplete answers will require that the form be returned for completion. DEVELOPED COAgT POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preservea open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimix~ adverse effec~ of devciopment. See LWRP Section III- Policies; Page 2 for evaluation criteria. ~-~Yea [--] No [] Not Applicable The proposed project does not involve "development" and should have no impact upon open spacet the character of the community, etc. It is felt that this project is consistent with this policy Atme. h additional sheets if nccessa_~ Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold, See LWRP Section HI ' Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [--] Not Applicable The project will have no impacts upon any historic or archaeoloqical resources. It is felt that this project is consistent with this po, licy Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria [--~ Yes ['~ No [] Not APpUcabl~ The project will have no impact upon any scenic r~our~ ~r impact any visual qualities of the Town. It is felt that this project is consistent with this policy At, tach additional sheets if accessory NATURAL COAST POLICIES Poii~ 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWR_P Section IH - Policies Pages $ through 16 for evaluation criteria ~-~ Yes ~ No [] Not Applicable The project does involve the reconstruction of an upper retaining wall which has a bulkhead seaward of it. It is felt that this oroiect is Attach additional sh~ts if necess~U 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 eriterin ~ Yes [] No ['~NotApplicabk The Droiect ~hall of potable water. with this policy have no It is felt that this project iv ~o~si~t~n~ Atiach additional sheets ifnece~ary Policy 6. Protect and restore the quality and function of the Town of Southoid ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section llI- Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable The project shall h~ve no neaative impacts upon ~hQ quality of oV the function of any wetlands, eqosystems or areas of Significant Coastal Fish and Wildlife ~abitats. It is felt that this peoject is consistent with this policy Policy 7. Protec* and impFove ab' quality in the Town of Southold. See LWRP Section in - Policies Pages 32 through 34 for evalua*ion criteria. [-~ Yes j-'-] NoF-] NotAppfieable The project sha~l have no impact on air quality. It is felt that this project is consistent with this policy Attach additional sheets if ne, cessary Poflcy 8. Minbnize environmental degradation in Town of SouthoM from solid wane and ha2~rdous substances and wastes. See I.WRP Section IU - Policies; Pages 34 through 38 for evaluation criteria. [-~ Yes ~ No [] Not Applicable The proiact doan nat involva Tho of hazardous substances or wastes. The romains of the storm damaged structures shall be disposed of properl),. It is felt that this project is consistent with this policy 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 HI- Policies; Pages 38 through 46 for evaluation criteria. ~ Ye~ No [] Not Applicable The project will have no impact upon public access to, and lands or the public resources of th9 TQwn, It is felt that this project is consistent with this. policy At~ach additional sheets if necessary WORKING COA~ POLICtgS Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section HI- Policies; Pages 47 through ~6 for evaluation criteria. ~ Yes [] No [] Not Applicable The project will have no impacts upon Southold's water-dependent uses or th~ ~itiD? water-dependent uses in suitable locations_ is felt that this project is consistent wi~h policy Attach additional sheets if nec~s~/ Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. ~-~Yes [] No ~'~ Not Applicable ~ The project will have no impacts upon ~h~ ~,,h~tainah]p use of living marine resources. It is felt that this project is consistent with this policy Attach additional sheets if necessary Policy 12. Protect agricultural landz in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [--] Yes ~ No ~/Not Applicable The project does not involve agricultural lands. It Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section IH- Policies; Page~ 65 through 68 for evaluation criteria. ~ Yes [~ No ~ Not Applicable The project does not involve th~ development of energy or mineral resources_ T~ felt that this policy is not applicable to this project PREPARED BY Glenn E.. Just TITLE Agent Applicant proposes to reconstruct in place 125' of Storm Sandy Applicant: Robert Horvath Location: 4550 Paradise Point Road, Southold Datum: Apparent Low Water S.C.T.M.No. 1000-81-3-5 Damaged retaining wall, to construct two 10' rems, to reconstruct and relocate a 10'x15' lower deck, reinstall utilities, reconstruct and Relocate 4'x25' stairs with landing, reconstruct and relocate 4'x4' landing and beach access stairs, install 94' of deer fence, place 10cy of sand On face of bluff and plant native plants TTROP I0' E~ PDOP . DEER FENCE I~ETUpN EX C~OI N ~ ANDIN~ ~[ TAIRS Applicant proposes to reconstnmt in plac~ 125' of Storm Sandy Damaged retaining wall, to construct two 10' returns, to reconstruct And relocate a lO'x15' lower de,lc, reinstall utilities, reoonstruot and Relocate 4'x25' stairs with landing reconsm~ and relocate 4'x4' landing and beach mw, ess stairs, install 94' of deer fence, place 10 cy of sand On face of bluff and plant native plants ~ PEOP S'TAIRS TOP OF I:;JLUFF .- 's.~x~'" ~, W / gTAI~S DF. CK Y~ UTI L, Applicara: Robert Horvath BLKD Locatiom 4550 Pa'adwe Point Road, $outhold Datum: ~t [.x)w Water $.C,T.~.No, ~000-81-3-5 N ELEVATIONS REFERENCED TO N.A. V.D. '88 I am familiar with the STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES and will abide by the conditions set forth therein and on the permit to construct. The location of public water and cesspools shown hereon are from field observations and or from data obtained from others. ANY ALTERATION (~ AOOITION TO THIS SURVEY IS A VIOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. · =MONUMENT S.C.D.H.S R, EF. NUMBER R10-11-0006 SURVEY OF PROPERTY A T BA YVIEF' TOIYN OF SOUTHOLD SUFFOLK COUNTY, N.Y. i000-81-03-06 SCALE: i'--30' MARCH 25, '2010 OEOEMBER 21, 2010 (PROPOSED SEPTIC SYSTEM · ELEVA noNS,) JANUARY 1:3, 2011 (pROPOSEO ADDITIONS) MARCH 7, 2011 (ADDITIONS) DECEMBER I, 2011 (REt4SED SEPTIC LOCATION) SEPTEMBER 22. 2011 (FOUNDATION LOCATION) JUNE 28, 2012 (FTNAL SURVEY,) ECE~VE JAN 3 0 2013 Southdd Town Board ¢ Trustees TEST HOLE DATA McDONALD GEOSClENCE ~2/1z/1o ROBERT G. HORVA TH~? MARY ANN HORVATH~ ~k ~-.:~;::;'~"¥/ / FIDELITY NATIONAL 177~~,~,, ~ANY MORGAN STANLEY HOM~'. .'~,~<'/ AREA=30,171 SO. FT. TO TIE LINE ~///~J~t.-,.~ N.y.S- LIC. NO. 4961~ /F/ECONIC 5)Ut~L~YORS, P. C. (651) 765-5020 FAX (6,31) 765-1797 P.O. BOX 909 1230 TRAVELER STREET I SOUTNOLD, N.~. 11~ 195®