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HomeMy WebLinkAbout1000-51.-1-17OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 pF SOUK, C�UNTI 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: John Bredemeyer, President Town of Southold Board of Trustees 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'xl 0'x1 2'x1 5'). 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'x1 0'x1 2'x1 5'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 (CERA). 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 and removed annually. 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. 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 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: (b) Platforms may not exceed 200 square feet and must be landward of the top of bluff. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. All applicants for perm its' including Town of Southold agencies, shall com plete this CCA F for proposed actions that are subject to the Town of Southold W aterfront Consistency Review Law. This assessor ent is intended to supplem ent other inform ation used by a T ow n of S outhold agency in in a k in g a d e t e r m in a t i o n o f co n s i s 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 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 suaaortinls 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 Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 51 - 1 - APR 2 5 2014 11 PROJECT NAME Kevin Gallagher The Application has been submitted to (check appropriate response): BoardLT'-` - Town Board ❑ Planning Board ❑ Building Dept. ❑ Board of Trustees Category of Town of Southold agency action (check appropriate response): MAY 12 2014 (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 F-1No ® 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 ❑ No ® 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 ❑ N o ® 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. VN Yes ❑ No ❑ 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 water -dependent uses and promote siting of new water -dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation 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. 1:1Yes ElNo ® 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 f" PREPARED BY Amended on 811105 TITLE Coastal Mgmt. Specialist DATEApril 23, 2014 i��,.,.._ I +r- COUNTYOFSUFFOLK © E rn e ��.� -� czn Q— — _ --•-- Real Property Tax Serrw eAgeney r EI. .._ ---- E - P b M , Ovwltlwrl+M, LM ��� {/ '�,.�'l�i� � �hr t �� 8, � �....a �� �. d �� � t � I H .,... .. -< s � � #{� � �� i1 ��� �� �� ��Z �� � ���� � ��� � �� � �� r _ 1� r b r a, � ��x,t� � � � - ;� 4 S � f� �"P , t! i i � �Y't _ � :f � �JlIY@.... NW} 5,e.._. 5 "C: asap � /. ,p� Vhf M. n �� _ �::'� x � ,� � J � � � " •� r s • � . SLA I I 0 N G I,k I 11 0tee � 616 40— 42—---- 44— 46-- 4a - 5O 52i 53.4 UvD MC 014 x x 'fir / C WAV - 2,3'W. , IIA UHE SCAIED O o 0A9� AL EROSION 578.b3 SHEET e COST PHOTO NO' 55' lgl m �x Of ' l T�.9r-E- 'W• UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VAUD TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED. AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY. NOT SHOWN ARE NOT GUARANTEED. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE LI.A.LS. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION. of EtV y CO • kl LANE) J)" �•10E � z � x IR DETAIL SCALE 1"=30' \tD, oz�' . SURVEY OF PROPERTY SI T UA TE 0 SOUTHOLD TOWN OF SOUTHOLD 50467 SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-51-01-07 _ WOODRS SCALE 1 " =30' 00 ` -I �' MARCH 9, 2014 0 �d .�O L r '•b S Pp� ' 1 O, � OAD PA 8.9 AREA = 60,800 sq. ft. _ -20 w — --22 J z � x IR DETAIL SCALE 1"=30' \tD, oz�' . SURVEY OF PROPERTY SI T UA TE SOUTHOLD TOWN OF SOUTHOLD 50467 SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-51-01-07 _ WOODRS SCALE 1 " =30' 00 ` L#NDING �' MARCH 9, 2014 0 .�O L OE. EDG ::; — —6 _012 O 1 O, � OAD = is rn AREA = 60,800 sq. ft. _ -20 (TO TIE LINE) 1.396 QC. — --22 --24 — 25 30 —32 — -34 38 _-40 —42 NOTES: meq$ 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM ,5o EXISTING ELEVATIONS ARE SHOWN THUS: 50.0 - EXISTING CONTOUR LINES ARE SHOWN THUS:- — — -50- — — - _52.20U40 F.FL. - FIRST FLOOR PIPE F FLOOR T.B. - TOP OFBULKHEAD �� L v 8.B. - BOTTOM OF BULKHEAD n , • T.W. - TOP OF WALL B.W. - BOTTOM OF WALL X � z � x IR DETAIL SCALE 1"=30' \tD, oz�' . 0' 50467 ..� ' 15 •� :. ., J ' '. 00 ` Y,\RES .•: ;• • .: � . III FSC o GAGE 03H' C EVMv%s K .' . • �1 �Ml v + Q P • ' NY' .�O \R0N OE. EDG ::; 1 O, � OAD ryout - '27 �� L v i 11947 �'