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HomeMy WebLinkAbout1000-126.-5-2.1 OF SO/It OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex h p P.O. Box 1179 54375 State Route 25 4 Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) co Southold, NY 11971 Q Telephone: 631 765-1935 Fax: 631765-3136 co 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: December 9, 2013 Re: Proposed Wetland Permit for JEANINE & PETER WARNS SCTM#1000-126-5-2.1 DKR Shores, Inc. on behalf of JEANINE & PETER WARNS request an Administrative Amendment to Wetland Permit #8218 for the as-built 12'x15' (varying width) stone patio; as-built 4'x10' shed under existing covered deck; as-built +/-4'x10' on-grade deck in front of shed; and for the +/-40 linear feet of two (2) as-built retaining walls. Located: 8740 Great Peconic Bay Boulevard, Laurel. SCTM# 126-5- 2.1 It is my recommendation that the proposed action is INCONSISTENT with LWRP Policy 6.3 (below) and therefore, INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. A. 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 structures described were not constructed pursuant to a Southold Board of Trustees Wetland Permit. See figures 1 and 2 below. i Figure 2. Subject parcel showing as built structures (2013). Note that portions of the patio and stone wall were constructed in the FEMA Velocity Hazard Flood Zone El 11 (Figure 3). Patios located in these areas experience repetitive damage and loss due to tidal surge and erosion during storm events. i ~ t NOV 1 2 J ,913 Town of Southold J r,srmv rvrnrcnaTENCYAg4FMHMFORM o, A. IN$rRUCTIONB ~ i. 1. All applicamts for permits" including Town of Southold agencies, shall complete this AF• for proposed actions that are subject to the Town of Southold Waterfford Consistency Review aLaw- ssay in assessment is intended to supplement Other > actions irxhaling Building Permits making a determination of consistency. *Ercept minor exaVI and other ministerlat permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the prop= of this form should review the exempt in the Town of Southold Local minor action list, policies and explanations of each policy contained Waterfront Revitalization Program. .,...BIS7,2 L,t'bn r.,'tt be eval,m as to its s:ttaLf_cant . bend l A Wye= flirts s,, m th coastal a._ a (which i»cludes all of Sot~M9 Towml. I . 3: If any question in Section C on this form is answered "yes" or "no", then the prof action will -affect the achievement of the LVw policy standards and conditions contained in the consisteceY 1.. non- review law. er mU be etas 'std hr d r _ be stanaaras and { Zrdo¢ fella If an action cannot be certified as consistent with the LWRP po Y 'r t. tl not be undertaken. conditions, A copy of the LWRP is available in the following places: online at the Town of Southold' s website (southoldtown.nordifDrk.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B.. DESCRIPTION OF Srm AND PROPOSED ACTION ~I_.. Scrw j.;2 1.4 PROJECT NAME ?7 J r n n )n n - `I x•'~~ 2. 113 The Application bus been submitted to (check appropriate rrsponse): Town Board ? Planning Board? Building Dopt. ? Board of Trostem V-' J I. Category of Town of Southold agency action (check appropriate respomse)' (a) Action undertaken directly by Town agency (~6• capital j construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) rVI (c) Permit approval, license, certification: 010 01 F1Yrirf Nature and extent of action: n r/J ~1 j L94 ~ize XishnG f It c?/~~ ? ~tC~z`+e-~Ct~iG G~5 ilr~li.~/ b?J '.SG~/'VL°c/ t_ , t CS C h2d~ A,)oy $ 2L 3 . ~e a NOV 262013 Nunemaker, Amanda From: dkrshorescorp@aol.com Sent: Tuesday, November 19, 2013 10:26 AM To: Nunemaker, Amanda Subject: Re: WARNS There is a small area of deck right in front of the shed Varying width 4'x 10' approximate Agena Rigdon, President DKR Shores, Inc. Environmental/Construction Permit Expediting Wetlands Consulting/Delineation Drafting and Project Management P.O. Box 488 Hampton Bays NY 11946 631-566-6016 Fax 574-8999 Www.dkrshores.com On Nov 19, 2013, at 9:36 AM, "Nunemaker, Amanda" <Amanda.Nunemaker~aJown.southofd.ny. us> wrote: Ok, thanks. You also gave me dimensions for the 4'x25' "t" shaped deck.... part of that wood walk is already permitted. Please clarify on what you are applying for. From: Agena Rigdon/DKR SHORES INC. [mailto:dkrshorescorp@aol com] Sent: Tuesday, November 19, 2013 8:57 AM To: Nunemaker, Amanda Subject: Re: WARNS I II. I it is noted on survey, but is 4'x 10' (as - ~)u I Y Y>Xd uy) ~F_? C GV ~e d Q f k~ -----Original Message----- From: Nunemaker, Amanda <Amanda. Nunemaker(cDtown.southold.nv us> To: dkrshorescorp <dkrshorescoro(cDaol.com> Sent: Tue, Nov 19, 2013 8:38 am Subject: RE: WARNS Ok, and what are the dimensions of that shed? From: dkrshorescoro(cilaol.com fmailto:dkrshorescoro(a),aol.coml Sent: Monday, November 18, 2013 4:25 PM To: Nunemaker, Amanda Subject: Re: WARNS Yes pls include C0,S- Lt, i 14- ShejundE~ CCje red dCc- k) Will mail $50.00 Stone patio varying width 12'x 15' 1 'Stone retaining walls 40 linear foot Agena Rigdon, President DKR Shores, Inc. Environmental/Construction Permit Expediting Wetlands Consulting/Delineation Drafting and Project Management P.O. Box 488 Hampton Bays NY 11946 631-566-6016 Fax 574-8999 Www.dkrshores.com On Nov 18, 2013, at 3:31 PM, "Nunemaker, Amanda" <Amanda.Nunemakerta7town.southold.nv.us> wrote: Gena, Please forward the dimensions of the patio and stone retaining walls. Also, we need an additional $50 for an as-built fee for this application. Did you want to include the as-built shed under the covered deck into this application since there is no permit for it? From: Agena Rigdon/DKR SHORES INC. Imailto:dkrshorescorp(a)-aol.comJ Sent: Monday, November 18, 2013 8:22 AM To: Nunemaker, Amanda Subject: WARNS PLS ADD THIS LWRP TO THIS FILE FOR THE PERMIT MODIFICATION THANKS! GENA 2 I YQ 1J, 1Jr?7 l vTiUZ C~ , Location of action: Site acreage: - - presatt land use: I Presenlwningclassification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Norte of applicant: k, 37D !c -157?rc ~C UtX ' (b) Mailing address:_ - -"h " Gr. (c) Telephone n bor. Area Code mo J~~ t (d) Applicatio nwnber en, require funding, or approval by a state or federal agency? directly undertakWitt the action be Yes ? No if yes, which state or federal agency? C. Evaluate the project to the following poBetes by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each PONCY. Incomplete answers wi6 require that the form be returned for completion. i rvr nuFr rr)A$T. P Policy 1. Foster a pattern of development in the Town of Southold the o~ character, and preserves open space, makes efficient use of infrastructurer makes minimlzes adverse effects of development. See LWRP Section 111- Peficia; Page 2 for evaluation criteria. q j~ N ~ No Q Not Applicable ON Y~ Attach additiood shaeta if nemssmy of the Town of Southold. Sea LWRP {1 Policy 2. Protect and Section Ili - Policies Pages 3 historic 6 for evaluation criteria I ? Yee O No ~A Not Applicable Anach additional shwa if necessary the Town of Southold. visual quality and Protect scenic resources throughout See policy 3. LW RP Section III -Policies pages 6 through 7 for evaluation criteria ? yes ? No~ Not Applicable g01041 aii"Al shaua iCceweary I NATURAL COAST POLICIES Policy 4. Miohni¢e toss of life, structures, and natural resources from flooding and erosion. See LWRP Section H1- Policies Pages S through 16 for evaluation criteria Yes ? No ? No Applicable d $ Much additional ahem if necessaY Policy S. Protect and improve water quality and supply in the Town of Southold. See L'%W Section III Policies Pages 16 through 21 for evaluation criteria j ? Yes ? No Not Applicable ` i Anaeit sommat 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 M-Politics; Pages 22 I through 32 for evaluation "Iterls. 1 ? ? i Yes No N,o`tApplicilik pirates adonal aheets ifnecMMY Policy 7. Protect and improve air quality In the Town of Southold. See LWRP Section III - Policies pages 32 through 34 for evaluation criteria. ? Yea ? No P /Not Applicable 1 r Attach additional Sheets if aecessay I Policy 8. Minimize environmental degradation in Town of Southold from solid wasto and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. i ? Yes ? No Not Applicable 1+ I I 1 PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreadonal use of, ccestal waters, Public lands' and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ? Ycdn l NoY,NotApplicable LLLLLL I i I I Auwb addidooal shoots if necessary ~I I i WORKING COAST POLICIES Policy 10. Protect Southold's waterdependent uses and promote siting of now water-0ependa. sees in I . eria suitable locations. See See LWRP Section III-Policies; Pages 47 through 56 for evaluation criteria. yea ? No I. X~' Not Applicable II. l Attach addidoanl dmw if my marine resources in Long Island Sound, the Peconlc policy 1 promote sustainable use Se living Estuary and Town water. . See Sec L WRP Section III - Policies; Pages 57 through 62 for evaluation criteria. . ? Yea ? No Not Applicable t i Attach additional shuts a mwssaY Policy 12, Protect agricultural lands in the Town of Southold. See LWRP Section ID - Polleies; Pages 62 through 65 for evaluation criteria. El yes ? No0 Not Applicable Attach additional sheen if aecaeta y 4 policy 13. promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation erltmia• i. ? Yes Q No Not Applicable PREPARED BY TITLE DATE l~L OFFICE LOCATION: ~~OF SO(/jyD MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) ~e Telephone: 631 765-1938 Southold, NY 11971 Fax: 631 765-3136 ~yCOUNi'1, LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD ECElVE D MEMORANDUM JUN 13 2013 M1 am r To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: June 13, 2013 Re: LWRP Coastal Consistency Review for JEANINE & PETER WARNS SCTM#1000-126-5-2.1 A Wetland Permit(s) for the proposed actions were not found. DKR Shores, Inc. on behalf of JEANINE & PETER WARNS requests a Wetland Permit to reconstruct existing 3.5'x24' stairs with walk; and existing 3.5'x7' beach access stairs. Located: 8740 Great Peconic Bay Boulevard, Laurel. SCTM# 126-5-2.1 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 actions are INCONSISTENT with LWRP Policy 6.3 (below) and therefore, INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. A. 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 structures described were not constructed pursuant to Southold Town Trustees review and Chapter 275 Wetlands and Shorelines permit. If the action is approved, it is recommended that the Board requires a 10' wide landscaped buffer landward of top of bluff to further Policy 5: Protect and Improve Water Quality in the Town of Southold and Policy 6; Protect and Restore the Quality and Function of the Town of Southold Ecosystem. 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 BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 821$ DATE: JUNE 19.2013 ISSUED TO: JEANINE & PETER WARNS PROPERTY ADDRESS: 8740 GREAT PECONIC BAY BLVD.. LAUREL SCTMH 126-5_2.1 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on June 19. and in consideration of application fee in the sum of S251M paid by Peter & leonine Warns and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to reconstruct existing 3.51x24' stairs with walk; and existing 3.5'x7' beach access stairs, and as depicted on the site plan prepared by DKR Shores, Inc., last dated May 28, 2013, and stamped approved on June 19, 2013. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. ~y 6~• uke l 41 i TERMS AND CONDITIONS The Permittee, Jeanine & Peter Wams, residing at 8740 Great Peconic Bay Blvd Laurel New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: I . That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initialed by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Permittee of the completion of the work authorized. 9. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. p E FIVE D ItAY 2 8 2013 I fK AVESNaOTT ~mc nw.wuomz acv, uawaem~+ t mRYwDtaxxlwrtxn sraiN wv~sr 7 ucww ~mn a m ovx ~ a,. U CD Rov, 'IOW. U x mrrtsiorsrc ~e- W a wlWxraeon APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD DATE (D 14 ? 3 Applicant Jeanine & Peter Warns Location: 8740 Peconic Bay Blvd., Laurel Purpose: Reconstniction of stairs/steps to beach Datum: Apparent Low Water S. C. T. M. 1410. 1000-126.05-2.1 7 DKR SHORES INC, P.O. BOX 488 28 May '13 HAMPTON BAYS, N.Y.11946 SITE PLAN SCALE 1 40' i I XO' EX- 2 STY - RESIDENCE EX. COVERED DECK 24' PROP. STEPS~ i 4PI.VR nM1Y .zw- 01 PROP. WALK PROP. 3.5'X 7' STEPS I refnm a r.rx,"emewieeouew.wy I r..°waon~.e woeroc .a,: I ~ PROP. BLKD. r.ewwumsww.~wwnee"oc. Applicant: Jeanine & Peter Wams WIN Location: 8740 Peconic Bay Blvd., Laurel Purpose: Reconstruction os stairs/steps to beach Datum: Apparent Low Water S.C.T.M. NO. I ODD-126-05-2.1 LOCUS: 4D°58' 7 ° 1 " DKR SHORES INC, P.O. BOX 488 28 May '13 HAMPTON BAYS, N.Y. u946 SHEET 2 OF 2 SCALE 3/16"= 1' ,k; I 7{f p~ a p Arm I 'yam t 1'i 111, ~r .~r~li i!!gl~i~ F 's 71 ~ rwsw _ ry,,. a 1':..:77L"5l ~ _ _ . I • ~T. 3 ~ II ~ I 1 W,. ~y i1 p w ~t r tyy~?~a » 'i ` w~?r `x aac Y `4 r yyprr C.. w t rt y A f 3E ~ '~I, ~ , low W ,c c g2l ~ Ir ;~i, .•j -mss NM :I~j ii ~.ac -q q: s r}~s p~ , UP- rr _ ^q { / ~ 1 I J oil v 7. 1. "i•i tr ~f i ~ ~ k ~ I I Sf SURVEY OF P/0 LOT 2 MAP OF PROPERTY OF A. L. DOWNS FILE No. 21 FILED AUGUST 14, 1929 SITUATE EQF.r,VE LAUREL ll Nov t 5 2013 TOWN OF SOUTHOLD G Y p,0 e p ~ , NO SUFFOLK COUNTY, NEW YORK 1. Db S.C. TAX No. 1000-126-05-2.1 a " SCALE 1"=30' a NOVEMBER 8, 2013 AREA = 30,953 sq. ft. (TO TIE LINE) 0.711 ac. ate. e .aE' W ' N• NOTES: 1. DEED REFERENCES ARE TO DEED LIBER 11883 PAGE 727 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36103CO4B1 H ZONE VE: COASTAL FLOOD WITH VELOCITY HAZARD (WAVE ACTION); BASE FLOOD ELEVATIONS DETERMINED '?cam 9 O ZONE X: AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. ~1r- 1wv 4~ ~ , p a loll ~ Sro/ / / i. Q ` a oG< JR PREPARED IN ACCORDANCE NH THE MINIMUM STANDARDS FOR TIRE SURVEYS AS ESTABLISHED RY THE LIALS. AND APPROVED AND ADOPRD FOR SUCH USE BY RK STATE 4ND TIRE rSO TAFT }O ell V~ ,Ly'S q v "WVIJ SU N.Y.S. Lic. No. 50467 UNAMDRIZED ALTERATION ADDITION TO THIS THIS SURVEY IS A VIOLATION OF Nathan Taft Corwin iii SECTION 7209 I-A OF THE NEW NEW YORK STATE /J~ Surveyor W. C COPIES EDUCATION LAPIES OF THIS SURVEY IMP NOT BEARING Land THE LAND SURVEYOR'S INKED SEAL EMBOSSED SEAL SHAU. NOT BE CONSIDERED TO RE A VALO TRUE RUE COPY. CERTIFICATIONS INDICATE HEREON SHALL RUN Successor T0: Stanley J. Isaksen, Jr. L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A. Ingegno L.S. IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys - Subdivisions - Site Plans - Construction Layout LENDING INSTITUTION USTED HEREON. AND TO THE ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-2090 Fax (631)727-1727 TUTON. CERTIFICATIONS ARE NOT TAANSFERARLE OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHT OF WAYS 1566 Main Road P.O. Box 16 AND/OR EASEMENTS OF RECORD, IF James ort, New York 11947 Jamespart, New York 11947 ANY, NOT SHOWN ARE NOT GUARANTEED. P