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HomeMy WebLinkAboutTR-8428 John M. Bredemeyer Ill, Presidentg�FFI?( Town Hall,53095 Main Rd. opo k� Michael J. Domino, Vice-President �� oG�� P.O. Box 1179 James F. King y Southold,NY 11971 Telephone 631 765-1892 Charles J. Sanders y � !� P ( ) Dave Bergen ��l o Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1 st day of construction '/Z constructed Project complete, compliance inspection i BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 8428 DATE: MAY 21,2014 i ISSUED TO: KEVIN GALLAGHER PROPERTY ADDRESS: 17975 SOUNDVIEW AVENUE, SOUTHOLD 1 SCTM# 51-1-7 i AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in s accordance with the Resolution of the Board of Trustees adopted at the meeting held on May 21,2014,and in consideration of application fee in the sum of$250.00 paid by En-Consultants 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 for the existing+1-3' (var.)wide timber bluff stairway consisting of four sections of steps with lengths of 23', 8',21', and 43'; two triangular landings; and a trapezoidal deck(2'x10'x12'x15'); with the conditions the trapezoidal deck be resurfaced with open-grate decking; the cement pad at base of steps be removed and replaced with open construction on wood pilings; and permits from all j necessary governmental agencies be obtained for the pre-existing non-conforming deck at top of bluff if repairs or replacement needed; and as depicted on the survey prepared', ' by Nathan Taft Corwin III, Land Surveyor, last dated March 9, 2014, and stamped approved on May 21, 2014. IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, t r and these presents to be subscribed by a majority of the said Board as of this date. o�Ogu�FO�,�-co �� � • S Gyp Dave Bergen-Absent Charles J. Sanders-Absent \ r. TERMS AND CONDITIONS The Permittee, Kevin Gallagher, residing-at 17975 Soundview Avenue Southold New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. 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 initiated 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. 10. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title,or interest in real or personal property held or vested in a person not a party to the permit. 0 • John M. Bredemeyer III,President �0��0F SO UryOIO Town Hall Annex Michael J. Domino,Vice-President 54375 Main Road P.O.Box 1179 G James F.King,Trustee Southold,New York 11971-0959 Dave Bergen,Trustee Q Charles J.Sanders,Trustee � Telephone(631) 765-1892couffm Fax(631) 765-6641 BOARD OF TOWN TRUSTEES May 21, 2014 TOWN OF SOUTHOLD Mr. Robert E. Herrmann En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: KEVIN GALLAGHER 17975 SOUNDVIEW AVENUE, SOUTHOLD SCTM# 51-1-7 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, May 21, 2014 regarding the above matter: WHEREAS, En-Consultants on behalf of KEVIN GALLAGHER applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated April 25, 2014, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application for the existing +/-3' (var.) wide timber bluff stairway consisting of a 4'x4' concrete pad on grade; four sections of steps with lengths of 23', 8', 21', and 43'; and two triangular landings be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, the LWRP Coordinator recommended that the proposed application for the existing trapezoidal deck (2'x10'x12'x15') be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered the Local Waterfront Revitalization Program policy 4.1 to the greatest extent possible through the imposition of the following Best Management Practice requirements: issuance of permit on trapezoidal deck that is to be resurfaced with open-grate decking; removal of concrete pad at base 2 � • of steps and replaced with open construction on wood pilings; and permits from all necessary governmental agencies be obtained for the pre-existing non-conforming deck at top of bluff if repairs or replacement needed, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on May 21, 2014, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees APPROVES the application of KEVIN GALLAGHER for the existing +/-3' (var.) wide timber bluff stairway consisting of four sections of steps with lengths of 23', 8', 21', and 43'; two triangular landings; and a trapezoidal deck (2'x10'x12'x15'); with the conditions the trapezoidal deck be resurfaced with open-grate decking; the cement pad at base of steps be removed and replaced with open construction on wood pilings; and permits from all necessary governmental agencies be obtained for the pre-existing non-conforming deck at top of bluff if repairs or replacement needed; and as depicted on the survey prepared by Nathan Taft Corwin 111, Land Surveyor, last dated March 9, 2014, and stamped approved on May 21, 2014. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. 3 Ol 0 Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) Fees: $ 0.00 Very truly yours, John M. Bredemeyer II President, Board of Trustees 4•�' Y - � •h J� ' ;�a•�•. Y..�.l,,,w .. .� Ttp(gyp.ILL+ ��. ¢-, LC,,�'� Y ,� � \"•i y .. � * (yW0�1%L •rt q ,• •-i!'S� �:..Y{ .�i ! i k �k'1 r•� � + � / 4 w- u. F 10 At Of f - F' v t i 'r F . „ z v G.- 1i6 s+„ r +r �y`h 0 0 John Bredemeyer, President �SUFF04 Town Hall Annex Michael J. Domino, Vice-President 54375 Route 25 James F. King P.O. Box 1179 Charles J. Sanders • Southold, NY 11971 Dave Bergen �oi ,� a°! Telephone (631) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: En-Consultants on behalf of KEVIN GALLAGHER requests a Wetland Permit for the existing +/-3' (var.) wide timber bluff stairway consisting of a 4'x4' concrete pad on grade; four sections of steps with lengths of 23', 8', 21', and 43'; two triangular landings; and a trapezoidal deck (2'x10'x12'x15'). Located: 17975 Soundview Avenue, Southold. SCTM# 51-1-7 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: Chapt.275 Chapt. 111 other Type of Application: Wetland Coastal Erosion Amendment Administrative Emergency Pre-Submission Violation Notice of Hearing card posted on property: Yes No Not Applicable Info needed: Modifications: Conditions: Present Were: J. Bredemeyer M. Domino J. King C. Sanders D. 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DlaWee0.1 sT 1 wTp,—� 35 6e � A,6 6Mc1 2Ww a '4L 1 6 e`�� _ �• — -- �� __ _ r _ -- NOTICE COUNTY OF SUFFOLK © e �" aaun,an seeraNMo C (x,) mperty Service Agency • .. Z Mw,wxca.n>�aNeH uoes _ PTa: S1 E M d N rw. P eM +eY PR0Pa0.rY MM OFFICE LOCATION: O��QF SOUlyOI MAILING ADDRESS: Town Hall Annex O P.O. Box 1179 54375 State Route 25 J Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) y Southold, NY 11971 Q Telephone: 631 765-1938 Fax: 631 765-3136 cDUNT'I LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM E MAY 2 1 2014 To: John Bredemeyer, President Town of Southold Board of Trustees r- From: Mark Terry, Principal Planner LWRP Coordinator Date: May 21, 2014 Re: Proposed Wetland Permit for KEVIN GALLAGHER SCTM# 1000-51-1-7 En-Consultants on behalf of KEVIN GALLAGHER requests a Wetland Permit for the existing +/-3' (var.)wide timber bluff stairway consisting of a 4'x4' concrete pad on grade; four sections of steps with lengths of 23', 8', 21', and 43'; two triangular landings; and a trapezoidal deck (2'x10'xl2'xl5'). Located: 17975 Soundview Avenue, Southold. SCTM# 51-1-7. The agent states that the stair was constructed prior to 1980; prior to wetland regulations. Therefore, the structures (existing +/-3' (var.) wide timber bluff stairway consisting of a 4'x4' concrete pad on grade; four sections of steps with lengths of 23', 8', 21', and 43'; two triangular landings are recommended as CONSISTENT with the LWRP. It is unclear when the 2'x10'xl 2'x15' deck was constructed and therefore it is INCONSISTENT with LWRP Policies 4.1 and 6.3 (below) and therefore, INCONSISTENT with the LWRP. The action is LOCATED WITHIN THE CEHA and does not meet policy 4.1 below. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested.- A. uggested.A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. The location of the trapezoidal deck is within the Coastal Erosion Hazard Area (CEHA). All development is prohibited on a bluff pursuant§ 111-12 unless specifically provided for by Chapter 111, COASTAL EROSION HAZARD AREAS. Pursuant to § 111-6, allowable activities on a bluff may include open timber piles or other similar open work supports with a top surface area of less than 200 square feet a# rem�ov¢d annually. 1v k G w Therefore, the deck, as proposed, is prohibited on the bluff pursuant to Chapter 111, COASTAL EROSION HAZARD AREAS. The deck is not an unregulated activity or a specifically allowed action identified in the section. Note that the bluff is actively eroding as shown in the aerial photo below. ,> 101758 4W y 40 vF sn : Figure 1. Subject parcel and bluff erosion. 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 9 � 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. Pursuant to Chapter 275 Wetlands and Shorelines, the request to issue permits for the (2'x10'x12'x15') trapezoidal deck seaward of the top of bluff line conflicts with Section 275-11 the Southold Town Code. Section 275-11 of the Southold Town Code states: �I�L Platforms may not exceed 200 square feet and must be landward of the top of bluff. f 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 gyFFOx,� Peter Young,Chairman Town Hall,53095 Main Rd. Lauren Standish, Secretary P.O.Box 1179 Southold,NY 11971 Telephone(631)765-1892 Fax(631)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., May 14, 2014 the following recommendation was made: Moved by John Stein, seconded by Doug Hardy, it was RESOLVED to SUPPORT the application of KEVIN GALLAGHER for the pre-existing 3' wide timber bluff stairway consisting of a 4'X 4' concrete pad on grade; four sections of steps with lengths of 23', 8', 21' and 43'; two triangular landings; and a trapezoidal deck (2'X10'X12'X15'). Located: 17975 Soundview Ave., Southold. SCTM#51-1-7 Inspected by: John Stein, Keith McCamy, Doug Hardy The CAC Supports the application with the following recommendations: • The requirement of an engineered plan; • No hardening of the shoreline as this area is a source of sediment for replenishment of the beach; • Flo-thru materials on the trapezoidal decks; and • The requirement of a bluff stabilization management plan. Vote of Council: Ayes: All Motion Carried _�DD M AY 1 6 2014 .;- F 0 James F.King,President Town Hall, 53095 Main Rd. Bob Ghosio,Jr.,Vice-President � P.O.Box 1179 Dave Bergen 'v Southold,NY 11971 John Bredemeyer A'�,� �fl�' Telephone(631)765-1892 Michael J.Domino Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only _Coastal Erosion Permit Application Wetland Permit Application Administrative Permit _Amendment/Trailsfq/Extr,nsion Received Application: Received Fee: .750i Completed Application t 2 _Incomplete 1 LJ SEQRA Classification: Type I Type II Unlisted APR _Coordination: (date sent) 2 5 2014 LWRP Consistency Asses m nt Form lz h�t CAC ReferS7 ral ent: - � , Date of Inspection. Receipt of CAC Report: _Lead Agency Determination: _Technical Review: Public Hearing Held: Resolution: Name of Applicant Kevin Gallagher 32 Morton Street,Apt.7A Address New York,NY 10014 Phone Number: 212 816-8007 Suffolk County Tax Map Number: 1000 - 51-1-7 Property Location: 17975 Soundview Avenue, Southold (provide LILCO Pole #, distance to cross streets, and location) AGENT: En-Consultants (If applicable) Address: 1319 North Sea Road,Southampton,NY 11968 Phone:631-283-6360 Board of Trustees Applic1Wn GENERAL DATA Land Area(in square feet):60,800 Area Zoning: R-80 Previous use of property: Single family dwelling with bluff stairway Intended use of property: No change Covenants and Restrictions: Yes X No If"Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals Yes X No If"Yes",please provide copy of decision. Will this project require any demolition as per Town Code or as determined by Building Dept.-Yes X No Does the structure(s)on property have a valid Certificate of Occupancy Yes X No Prior permits/approvals for site improvements: Agency Date Southold Trustees Letter of Non-Jurisdiction June 26, 1997 No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Wetlands Permit requested for a legally preexisting+/-3'(var.)wide timber bluff stairway,consisting of a 4'x 4' concrete pad on grade;four sections of steps with lengths of 23', 8',21',and 43';two triangular landings;and a trapezoidal deck(2'x 10'x 12'x 15'),all as depicted on the survey prepared by Nathan Taft Corwin III,Land Surveyor,dated March 9,2014. �ard of Trustees Applicati� WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To secure a wetland permit for a legally preexisting stairway that provides pedestrian access down the bluff. Area of wetlands on lot: 0 square feet Percent coverage of lot: 0 °% Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: N/a Manner in which material will be removed or deposited: Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): Issuance of a Wetlands Permit for the legally preexisting stairway would allow for its ordinary and usual maintenance and repair,which would in turn reduce the likelihood of the structure being undermined,damaged,and or lost to bluff erosion. Such maintenance of the stairway would have no adverse impacts on the adjacent bluff,beach,or tidal waters. i • 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part I-Project Information.The applicant or project sponsor is responsible for the completion of Part 1.Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part I-Project and Sponsor Information Name of Action or Project: Gallagher Bluff Stairs Project Location(describe,and attach a location map): 17975 Soundview Avenue,Town of Southold, Suffolk County,NY,SCTM# 1000-51-1-7;property is located on north side of Soundview Avenue, +/-300'west of Mt.Beulah Avenue, location map attached. Brief Description of Proposed Action: Wetlands Permit requested for a legally preexisting+/-3'(var.)wide timber bluff stairway,consisting of a 4'x 4' concrete pad on grade;four sections of steps with lengths of 23', 8',21',and 43';two triangular landings;and a trapezoidal deck(2'x 10'x 12'x 15'),all as depicted on the survey prepared by Nathan Taft Corwin III,Land Surveyor, dated March 9,2014. Name of Applicant or Sponsor: Telephone: 212-816-8007 Kevin Gallagher E-Mail: Address: 32 Morton Street,Apt. 7A City/PO: State: Zip Code: New York NY 10014 1.Does the proposed action only involve the legislative adoption of a plan, local law,ordinance, NO YES administrative rule,or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2.If no,continue to question 2. X 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes, list agency(s)name and permit or approval: X 3.a. Total acreage of the site of the proposed action? 1.396 acres b.Total acreage to be physically disturbed? N/A acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 1.396 acres 4. Check all land uses that occur on, adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial ®Residential(suburban) ❑Forest ❑Agriculture ®Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5.Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? X 6.Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: X 8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: N/A 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: N/A 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: N/A 12.a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b. Is the proposed action located in an archeological sensitive area? X X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal, state or local agency? X b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: X 14. Identify the typical habitat types that occur on,or are likely to be found on the project site.Check all that apply. Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ®Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a. Will storm water discharges flow to adjacent properties? ❑NO❑YES X b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: ert E.Herrmann,Coastal M mt. Specialist Date; April 23,2014 Signature: Part 2-Impact Assessment.The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer.When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? l 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or / affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate / reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? / 9. Will the proposed action result in an adverse change to natural resources(e.g., wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance.The Lead Agency is responsible for the completion of Part 3.For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part I Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts.Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration, irreversibility,geographic scope and magnitude.Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency P v Date Print or Type ame o e Bible ffi r in Lead Agency Title of Responsible Officer Y6! '� Signature of Responsible Officer in I e d Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 VOOF OF MAILING OF NOTICE ACH CERTIFIED MAIL RECEI Name: Address: Seth&Barbara Eichler 15 Linwood Drive Roslyn,NY 11576 Neil&Lori Kearns 25 Central Drive Manhasset,NY 11030 Edward C.Booth Revocable Trust 17235 Soundview Avenue Patricia S.Booth Revocable Trust Southold,NY 11971 �DD M AY 1 3 2014 STATE OF NEW YORK COITMl'Y OF SUFFOLK Robert E.Herrmann doing business at En-Consultants 1319 North Sea Road Southampton,NY 11968 , beteg duly sworn, deposes and says that on the 9th day of May ,20 14 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Southampton , that said Notices were Mailed to each of said persons by (certified)(regieoevec� mail. Robert E.dermann Coastal Management Specialist Sworn to before me this 9th day of May ,2014 KIM H . STEPHENS NOTARY PUBLIC / STATE OF NEW YORK COMMISSION NO . 5015931 Nota blic OUALIFIED IN SUFFOLK CO NTY EXPIRES AUGUST 2 . 20J7 Postal CERTIFIED MAILT,, RECEIPT (Domestic Mail Inly;No Insurance Coverage Provided For delivery information visit our website at wwwuspsxom�sI r M1 Q' CO y I ate"" Postage $ nj Certified Fee Postmark C3 Return Receipt Fee MAY-Ir2014 C3 (Endorsement Required) O C3 Restricted Delivery Fee (Endorsement Required) C3 u1 Total Poste—°c^^^ Q nj p sent To Seth&Barbara Eichler a sireei,Apf i 15 Linwood Drive C3 or?oBox n Roslyn,NY 11576 N City State,c -" Postal CERTIFIED MAILT. RECEIPT d. (Domestic Mail Only; Provided) 0" �cz a Cc Postage $ ..0 fU Certified Fee ''R Return Receipt Fee �9rPostmark C3 (Endorsement Required) ` d C3 C3 Restricted Delivery Fee (Endorsement Required) C3 u) Total Postage&Fees I'Li ru Sent To Neil&Lori Kearns m raStreet,Apt-1 25 Central Drive p or PoBox N Manhasset,NY 11030 N City State,� Postal CERTIFIED MAIL,. REC'EIPT M (Domestic Mail Only; cc C �t] Postage $ ..a nj Certified Fee r-1 Return Receipt Fee Postmark C3 (Endorsement Required) Here nf� M Restricted Delivery Fee (Endorsement Required) INi C3 Ln Total Post— I ru ti Sent To Edward C. Booth Revocable Trust 'l m - Patricica S. Booth Revocable Trust r-1 sireei,AWE 0 or PO Box 17235 Soundview Avenue N City Siete, Southold,NY 11971 I I NOTICE TO ADJACENT PROPERTY OWNER C ., nen T� BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: FMAY 1 3 2014 Kevin Gallagher SCTM#1000-51-1-7 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Wetlands Permit requested for a legally preexisting+/-3'(var.)wide timber bluff stairway,consisting of a 4'x 4'concrete pad on grade;four sections of steps with lengths of 23', 8',21',and 43';two triangular landings;and a trapezoidal deck(2'x 10'x 12'x 15'),all as depicted on the survey prepared by Nathan Taft Corwin III,Land Surveyor,dated March 9,2014. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 17975 Soundview Avenue,Southold 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE: Wednesday,May 21,2014 @ 5:30 p.m. You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. Kevin Gallagher PROPERTY OWNERS NAME: 32 Morton Street,Apt. 7A MAILING ADDRESS: New York,NY 10014 PHONE#: 212-816-8007 AGENT: En-Consultants MAILING ADDRESS: 1319 North Sea Road, Southampton,NY 11968 PHONE #: 631-283-6360 Enc: Copy of sketch or plan showing proposal for your convenience. John Bredemeyer, President �o%UFF9j* Town Hall Annex Michael J. Domino, Vice-President ��� °oy 54375 Route 25 James F. King P.O. Box 1179 Dave Bergen oy • Southold, NY 11971 Charles J. Sanders '!'oi ,� �a°' Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of KEVIN GALLAGHER COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS IN PLACE FOR EIGHT DAYS 1, Robert E. Hermram , ffiI l Ott/dba En--Consultants 1319 North Sea Road, Southampton, NY 11968 being duly sworn, depose and say: That on the 13thday of May , 2014, I personally posted the property known as 17975 Soundview Avenue, Southold, SLIM #10013-51-1-7 by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wedne4ay, May 21, 2014. Dated: -------------- (signatu Sworn to before me this L day of/1/1� 2014 1 a� o ary lic KIM H . STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO . 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES A U 6 U S T i . 10__ NOTICE 0-F HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: Kevin Go.1 la, er SUBJECT OF PUBLIC HEARING: For the existing +l-3' (var.) voile timber bluff stakway of a 4'x4' concrete pad on grade; four sections of steps with lengths of 23 , 6 , 21', and 43'; two trr�ular landings; and a trapezoidal deck (2'x10'x12'x15'). TIME & DATE OF PUBLIC HEARING: • Wednes�tj/, �Yb�� oil, oZot N- af�- or s� '�� If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m and .4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631 ) 765- 1.892 0 • Board of Trustees Application County of Suffolk State of New York la a Q-P IA BEING DULY SWORN DEPOSES AND A#FIRMS THAT /SW-IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF,AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S),IF GRANTED. IN COMPLETING THIS APPLICATION,I HEREBY AUTHORIZE THE TRUSTEES,THEIR AGENT(S)OR REPRESENTATIVES(S),TO ENTER ONTO M OPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH EW OF T S APPLICATION. �--�-- gnature SWORN TO BEFORE ME THIS DAY OF '20j�f usA,MM GH EEMM Notary Public.State of New York Registration*01 UH5068312 Oum#fied M Now York Countv � CORMIIIAi0f1 Oot.� Notary Public Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, Laj is Qo residing at pv a ¢� 0,j L (print owner of pro rty) (mailing address) v to o hereby authorize (Agent) Co',S V, --S to apply for permit(s)from the Sou B Trustees on my behalf. (O er's s ture) Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) j� Kevin J.Gallagher residing at 17975 Soundview Ave. (print owner of property) (mailing address) Southold, NY 11971 do hereby authorize (Agent) En-Consultants to apply for permit(s) from the Southold Board of Town Trustees on my behalf. i ees signature) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the Hart of town officers and employees The pll=se of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: 11"1 L (Last name,first name, 'ddle initial,unless yofi4m applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee ✓ Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO ✓ If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted is d.3 ay of A"V4 209.� Signature Print Name Form TS I Town of Southold • LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. All applicants for perm its' including Town of Southold agencies, shall com plete this CCAF for proposed actions that are subject to the Town of Southold W aterfront Consistency Review Law . This assessm ent is intended to supplem ent other inform ation used by a Town of Southold agency in in a k in g a d e t e r m in a t i o n o f c o 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. 2. 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 scant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 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- supporting 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: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the PI t all local libraries and the Town Clerk's office. D E C F B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 51 - 1 7 APR 2 5 2014 PROJECT NAME Kevin Gallagher The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: ❑ Nature and extent of action: Wetlands Permit requested for a legally preexisting+/-3'(var.)wide timber bluff stairway,consisting of a 4'x 4'concrete pad on grade; four sections of steps with lengths of 23',8',21',and 43';two triangular landings;and a trapezoidal deck(2'x 10'x 12'x 15'),all as depicted on the survey prepared by Nathan Taft Corwin III,Land Surveyor,dated March 9,2014. The existing stairway appears to have been present since at least 1980 and prior to the Trustees jurisdiction over lands adjacent to Long Island Sound. Location of action:17975 Soundview Avenue, Southold Site acreage: 1.396 acres Present land use: Single family dwelling with bluff stairway Present zoning classification: R-80 2. 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: Kevin Gallagher (b) Mailing address: 32 Morton Street,Apt. 7A New York,NY 10014 (c) Telephone number: Area Code 212-816-8007 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No ® 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 ® 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 ❑Yes 1-1N o ® Not Applicable 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 ®Yes ❑ No ❑ Not Applicable Issuance of a Wetlands Permit for the legally preexisting stairway would allow for its ordinary and usual maintenance and repair,which would in turn reduce the likelihood of the structure being undermined,damaged,and or lost to bluff erosion. 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 ❑ Not Applicable Issuance of a Wetlands Permit for the legally preexisting stairway would allow for its ordinary and usual maintenance and repair,which would have no adverse impacts on the adjacent bluff,beach,or tidal waters. 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 Southold 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 F-1 No R Not Applicable The existing stairway does not preclude or otherwise negatively impact public access to or recreational use of the adjacent beach or coastal waters. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's w(ar-de endent uses and promote sit15forevof new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 throughaluation criteria. ❑ Yes ❑ No ® Not Applicable 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. El Yes El No ® 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 PREPARED BY TITLE Coastal Mgmt. specialist DATEApril 23,2014 RobertTllerrrnann Amended on 811105 EN-CONSULTANTS April 24, 2014 Town of Southold E C- -- E Board of Trustees 54375 Main Road APR 2 5 2014 Post Office Box 1179 Southold,New York 11971 Re: Kevin Gallagher 1 - 17975 Soundview Avenue, Southold SCTM#1000-51-1-7 Dear Board of Trustees: In regard to the above referenced property,enclosed are the following for the Board of Trustees review: I. Three(3)Wetland Permit Applications including: a) Short Environmental Assessment Form; b) Authorization&Disclosure Forms; c) Land survey prepared by Nathan Taft Corwin III Land Surveyor, dated March 9,2014. 2. One(1)set of site photographs. 3. Application fee of$250.00. 4. Three(3)LWRP Consistency Assessment Forms including: a) Site plan. I hope this information shall allow you to process our permit request. Should any additional information be required,please do not hesitate to contact our office. Since 1�, Since E. Herrmann Coastal Management Specialist /khs Enc. _ 1319 North Sea Road I Southampton,New York 11968 1 p 631.283.6360 f 631.283.6136 www.enconsultants.com - environmental consulting -- D SURVEY OF PROPERTY APPROVED BY pIJN -- SITUATE BOARD OF TRUSTEESD s -L,3I s�AN SOUTHOLD TOWN OF SOUTHOlO coTOWN O F S O U T H O L D DATE � 21 (�- L p �°N° SUFFOLK COUNTY NEW YORK �-C-- �Q�,E�`° ��, S.C. 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I COPIES OF THIS SURVEY MAP NOT BEARING A THE LAND SURVEYOR'S INKED SEAL OR 1 EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VAUD TRUE COPY. p FEscE CERTIFICATIONS INDICATED HEREON SHALL RUN 0 ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE 1 T^m` • O,g'E. TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- Tito P 41A TUITION. CERTIFICATIONS ARE NOT TRANSFERABLE. ut .W� THE EXISTENCE OF RIGHTS OF WAY v o 0 AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. I r • 7� PREPARED IN ACCORDANCE WITH THE MINIMUM x 1 m STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE LIALS. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LANDW m 1 • TITLE ASSOCIATION. 00 C'#I " alr I SMP 01 L ST NIRON FETT OQ �' C o S. Lic. No. 50467 (Jt �r J_r� 115' • . .: l J� �''.NTRES � .• '• ' Q1 3. t TO TR°N FE C WRE ;TW . o 5'E.Nathan Taft Corwin III TE 5 1`�•2156', NOEF P:DPP.Vi ' :. .' 1 ED .510ROLand Surveyor ' .v •' v' NOOSE ,� � .. . � . :' ^ .. ': • . LGN ur�V��4 .• •••r .• •'r A • > • ° Successor To: Stanley J. Isaksen, Jr. L.S. . .•.� �v Joseph A. Ingegno L.S. / �,y Title Surveys - Subdivisions - Site Plans - Construction Layout PHONE (631)727-2090 Fax (631)727-1727 p� OFFICES LOCATED AT MAILING ADDRESS / 1586 Main Road P.O. Box 16 / Jamesport, New York 11947 Jamesport, New York 11947