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®