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HomeMy WebLinkAboutTR-6658 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0257C Date October 2. 2007 THIS CERTIFIES that the two-car garage with gutters and drywells At 725 Rabbit Lane. East Marion Suffolk County Tax Map # 31-17-17 Conforms to the application for a Trustees Permit heretofore filed in this office Dated 5/17/07 pursuant to which Trustees Permit #6658Dated 6/20/07 Was issued, and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for a two-car garage with gutters and drywells. The certificate is issued to WILLIAM & ALICE LEHMANN owner of the aforesaid property. f- IJ7 ~ Authorized Signature . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Chosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 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 1b(01 o~~ _ 1 st day of construction Yo constructed V--;:ject complete, compliance inspection. . . TERMS AND CONDITIONS The Permittee William & Alice Lehmann, residing at 725 Rabbit Lane, East Marion, 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 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 South old. 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 ofthe Town of South old 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. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. 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. . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 20, 2007 Mr. & Mrs. William Lehmann 26 White Birch Circle Miller Place, NY 11764 RE: 725 RABBIT LANE, EAST MARION SCTM# 31-17-17 Dear Mr. & Mrs. Lehmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, June 20, 2007 regarding the above matter: WHEREAS, WILLIAM & ALICE LEHMANN applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the South old Town Code, the Wetland Ordinance of the Town of Southold, application dated July 21, 2006, 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 recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policies 4, 5 and 6 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: installation of gutters and drywells to contain roof runoff, and a line of staked hay bales to be installed prior to construction, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on June 20, 2007, at which time all interested persons were given an opportunity to be heard, and, 2 . . 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 approve the application of WILLIAM & ALICE LEHMANN to construct a two-car garage, with the condition of the installation of gutters and drywells to contain roof runoff and a line of staked hay bales installed prior to construction, and as depicted on the survey prepared by Joseph A. Ingegno, last revised on January 17, 2007, and received on July 13, 2007. 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. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $ 100.00 Very truly yours, J,m};;, ~ 17 President, Board of Trustees JFKleac . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD . TO: (~:\\\0-(V1 ~ ~\lce.--Leh(\l1o..()n Please be advised that your application dated Tu.l~ d I, e2coG has been reviewed by this Board at the regular meeting of _T u:.nl'> ~l) del:? 7 and your application has been approved pending the completion of the following items checked off below. L Revised Plans for proposed project-plOSl 6hJw;n~ 'J,-rl+if3/ Jr~wet\s. ()J\J / ha.~~\e 'in e., v Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1st Day of Construction ($50.00) y, Constructed ($50.00) ~ Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. . The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $ /(;0 02- BY: James F. King. President Board of Trustees DEC PERMIT NUMBER EFFECTIVE DATE 1-4738-02703/00003 -!- October 13, 2006 FACILITY/PROGRAM NUMBER(S) PERMIT EXPIRATION DATE(S) Under the Environmental October 12, 2011 Conservation Law NEW YOlSTATE DEPARTMENT OF ENVIRONMENTAL ~ERVATION TYPE OF PERMIT. New 0 Renewal 0 Modification 0 Permit to Construct 0 Permit to Operate o Article 15, Title 5: Protection of Waters o Article 17, Titles 7, 8: SPDES o Article 27, Title 9; 6NYCRR 373: Hazardous Waste M~nagement o Article 15, Title 15: Water Supply o Article 19: Air Pollution Control o Article 15, Title 15: Water Transport o Article 23, Title 27: Mined Land Reclamation o Article 34: Coastal Erosion Management o Article 15, Title 15: Long Island Wells . Article 24: Freshwater Wetlands o Article 36: Floodplain Management o Article 15, Title 27: Wild, Scenic and Recreational Rivers . Article 25: Tidal Wetlands o Articles 1, 3, 17, 19, 27,37; 6NYCRR 380: Radiation Control o 6NYCRR 608: Water Quality Certifica- o Article 27, Title 7; 6NYCRR 360: tion Solid Waste Manaoement PERMIT ISSUED TO TELEPHONE NUMBER William & Alice Lehmann (631) 331-7009 ADDRESS OF PERMITTEE 26 White Birch Circle, Miller Place, NY 11764-2523 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER NAME AND ADDRESS OF PROJECT/FACILITY Lehmann properlY, 725 Rabbit Lane, East Marion SCTM # 1000-31-17-17 COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk Southold Gardiners Bav & FWW I.D. GP-1 DESCRIPTION OF AUTHORIZED ACTIVITY: Construct a 24' x 30' garage and a pervious driveway. The property landward of the functional bulkhead located on Gardiner's Bay, which is greater than 100 ft. in length and was constructed prior to 8/20/77, as shown on survey prepared by Otto W. Van Tuyl & Son dated 12/7/62 and IR #355, is beyond Article 25 jurisdiction. All work must be done in accordance with the attached plans stamped NYSDEC approved 10/13/06. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2 & 3) and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: ADDRESS Georae W. Hammarth rDMG\ Region 1 Headquarters, SUNY @ Stony Brook, 50 Circle Road, Stonv Brook, NY 11790-3409 AUTH~ZED SIGNATURE # DATE _.'~ 7t7~~ Page 1 of 4 October 13, 2006 . . NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS Freshwater Wetlands 1. Any work, disturbance, and or storage of construction materials shall be confined to within the limit of clearing and ground disturbance shown on the approved plan. 2. Any demolition debris, including excess construction materials and or excess excavated materials, shall be disposed of on an approved upland site more than 100 feet from any regulated freshwater wetland by the close of business on the day such material was generated. 3. Prior to commencement of any construction activities, a continuous row of straw bales shall be staked end to end downslope of any area of ground disturbance. The bales shall be maintained, repaired and replaced as often as necessary to ensure proper function, until all disturbed areas are permanently vegetated. Sediments trapped by the bales shall be removed to an approved upland location before the bales themselves are removed. 4. Straw bales shall be recessed two to four inches into the ground at all times. 5. All fill shall consist of clean soil, sand and gravel that is free of the following substances: asphalt, slag, flyash, broken concrete, demolition debris, garbage, household refuse, tires, woody materials including tree or landscape debris, and metal objects. 6. The driveway must be surfaced with a permeable material. 7. All equipment and machinery shall be stored and safely contained greater than 100' landward of the regulated wetland or waterbody at the end of each day. This will serve to avoid the inadvertent leakage of deleterious substances into the regulated area. Fuel or other chemical storage tanks shall be contained and located in an area greater than 100 feet landward of the regulated wetland or waterbody at all times. If equipment cannot be stored and safely contained 100 feet landward of the wetland or waterbody at the end of each day, then an absorbent tarp/mat system must be used. The absorbent tarp/mat system must ensure that inadvertent leakage of deleterious substances never reaches the ground or into the regulated wetland or waterbody. The tarp/mat must be large enough so that no part of the equipment over hangs the edge of the tarp/mat at any point. 8. All areas of soil disturbance resulting from this project shall be seeded with an appropriate perennial grass and mulched with straw immediately upon completion of the project, within two (2) days of final grading, or by the expiration date of this permit, whichever is first. Mulch shall be maintained until a suitable vegetative cover is established. If seeding is impractical due to the season, a temporary mulch shall be applied and final seeding shall be performed as soon as weather conditions favor germination and growth. 9. Suitable vegetative cover is defined as a minimum of85% area vegetatively covered and no unvegetated areas larger than one (1) square foot in size. 10. The permittee shall incorporate the attached Covenant (or similar language) to the deed for the property where the project will be conducted and file it with the Clerk of Suffolk County within 30 days of the effective date of this permit. This deed covenant shall run with the land into perpetuity. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be submitted within 90 days of the effective date of this permit to: NYSDEC, Bureau of Habitat Regional Manager, SUNY Bldg. #40, Stony Brook, NY 11790-2356 DEe PERMIT NUMBER PAGE20f4 1-4738-02703/00003 . . NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24, 25, 34 AND 6NYCRR PART 608 ( TIDAL WETLANDS) 1. If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety orwelfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as. the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 3. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 4. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 5. There shall be no unreasonable interference with navigation by the work herein authorized. 6. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all orany portion ofthe uncompleted structure orfill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 7. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 8. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 9. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by: Joseph A. Ingegno on 9/23/03 and last revised 7/26/06. DEC PERMIT NUMBER PAGE 3 of4 1-4738-02703/00003 N.ORK STATE DEPARTMENT OF ENVIRONMENTAL CONttATION NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee'~ undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or. any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights 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. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Detenninations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region 1, SUNY Bldg #40, Stony Brook NY 11790-2356 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions, orders ofthe commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMIT NUMBER PAGE 4 OF 4 1-4738-02703/00003 . . .. -t~ Telephone (631) 765-1892 Town Hall 53095 Route 25 P.O. Box 1179 South old, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Mon., June 11,2007, the following recommendation was made: Moved by Jack McGreevy, seconded by Don Wilder, it was RESOLVED to SUPPORT the Wetland Permit application of WILLIAM & ALICE LEHMANN to construct a two-car garage and install gutters and drywells to contain the run-off. Located: 725 Rabbit Lane, East Marion. SCTM#31-17-17 The CAC Supports the application, however, asks the Board of Trustees to consider whether or not the culvert pipe is problematic. Vote of Council: Ayes: All Motion Carried . APPEALS BOARD MEMBERS James Dinizio, Jr., Chairman Gerard P. Goehringer Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman hllp:/ /southoldtown. northfork.net . Mailing Address: Southold Town Hall 53095 Main Road. PO. Box 1179 Southold, NY 11971 -0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEA~f5" i"""-c-. TOWN OF SOUTHOLD I [1]J. (~ fE;' lj [(;' \1 Tel. (631) 765-1809. Fax (631) 765-90y1i/! - .-:,/ fl.;' : I 'I , . , II M . I u, AY 1 7 2007'11 J FINDINGS, DELI.BERATIONS AND DETER~INAtteN-..._ }'-I' MEETING OF APRIL 19, 2007 :. f.So,lIthOld 10.',- . '~-----~..~-~!}J frusteS's I ZB File No. 5989 - William E. and Alice Lehmann Property Location: 725 Rabbit Lane, East Marion CTM 31-17-17 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTSIDESCRIPTION: The applicant's 16,486 square feet parcel has 104 feet along Rabbit Lane, East Marion, and is unimproved with the exception of two frame sheds and a stone driveway, shown on survey prepared by Joseph A. Ingegno, Land Surveyor dated December 3, 2005, revised July 26, 2006. The applicants' ownership of Lot 17 extends to the center of Rabbit Lane, as does the applicants' adjacent dwelling, situated on County Tax Map Parcel 31-18-16. Combined with applicant's house lot, the total area would increase to approximately 22, 786 square feet. BASIS OF APPLICATION: Request for a Variance under Section 280-13A (100-31A), based on an application for a building permit to build a garage, and the Building Inspector's July 28, 2006 Notice of Disapproval which states that the proposed garage is not a permitted use on this vacant property. CODE PROVISION: Zoning Section 280-13A (Use Regulations) authorizes construction of a one- family detached dwelling, not to exceed one dwelling on each lot. Section 280-13A does not authorize a garage as a permitted use without existence of a permitted principal use (dwelling). SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated January 9, 2007, stating that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. TOWN CODE CHAPTER 95 (268) LWRP DETERMINATION The applicants wish to build a garage without the need for building a new single-family dwelling. The Board's jurisidiction is limited to the use variance question, and the determination with conditions noted below, to authorize an accessory garage, without the need for a new dwelling. . . .Page 2 - April 19, 2007 ZB File No. 5989 - William E. and Alice Lehmann CTM No. 31-17-17 and 31-18-16 Recommendations were issued and transmitted to the Zoning Board of Appeals in a letter dated January 30, 2007, under the procedures provided in Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP). Grant of relief with conditions will substantially mitigate the setback concerns on this property because the applicant will not be constructing a sanitary system or a single-family dwelling and agrees to file a Declaration of Covenants and Restrictions in perpetuity for this purpose. The garage will be an accessory use for the purposes of storing the owners' vehicles and personal items without living areas or plumbing or bathroom facilities. The distance between the garage and the road is approximately twice the distance than it would be from the wetland boundary, as shown on the applicant's survey dated July 26, 2006. The recommendation listed in the LWRP recommendation, to place the garage closer to the road, would require additional variance relief creating other nonconformities under Zoning Code Ch. 280. The new garage must comply with Trustee regulations and conditions or recommendations set forth in a Trustee permit. Many of the homes in the area are closer to the wetland boundary than the garage proposed in this application. The applicant has agreed to place covenants and restrictions to prohibit a dwelling on the property, in perpetuity, and this reduces the future impacts of other construction on this waterfront property. The conditions noted in the area variance determination below will mitigate many of the areas addressed in the LWRP recommendations, to the extent the Zoning Board of Appeals has jurisdiction in this application. For these reasons, the Board moves to grant the application as noted in the area variance determination below, resulting in a garage location as an accessory to the applicant's existing, adjacent single-family dwelling at a greater degree of conformity with the Zoning regulations, as well as the LWRP. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 25, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct an accessory a 24'x30' garage on a conforming location on a lot that is construed to be vacant by the Building Department. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Zoning Code does not authorize construction of accessory structures on this parcel (except those receiving variance approval). In many situations, the Zoning Board of Appeals has denied variance requests for an accessory building on a vacant lot, treating those requests under the use variance standards, because the Code requires a single-family dwelling or other permitted principal building as the primary use. The applicant's request is unique in that the applicant owns two adjacent lots, one already improved with their private dwelling, and the other proposed for this garage instead of another dwelling. To build a garage on this side of Rabbit Lane will be similar to the character of the neighborhood which consists of small lots, with building(s) in similar locations. . . ,Page 3 - April 19, 2007 ZB File No. 5989 - William E. and Alice Lehmann CTM No. 31-17-17 and 31-18-16 After careful review of the record, the code states that accessory strue!ures must be accessory to a principal building, or a single-family dwelling. This variance is conditioned upon the applicant recording covenants to go with the land in perpetuity, restricting and merging the applicant's adjacent lands, resulting in a single parcel that with the applicant's house and the proposed garage. The property owner had no objee!ion to these restrictions, and offered, through their attorney, to prepare and file a Declaration of Covenants and Restrictions and restricted deed, or other legal document, with the language approved by the Town Attorney's Office, and filed at the Office of the Suffolk County Clerk. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, is to voluntarily merge the parcel to the north, with the house parcel. This is a unique circumstance, since both lots are owned by the applicant and the land is divided by a private road, which is also owned by the applicants and will continue to provide vehicular access. Both the house lot on the Bay and the vacant lot on Marion Lake, are located near the end of this very narrow road, or right-of-way. 3. The variance granted herein is substantial. 4. The difficulty has been self-created, since the property had been kept as separate lots prior to this application requesting a variance. 5. No evidence has been submitted to suggest that the relief granted herein, in this residential community of narrow waterfront lots, will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the variance as requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a garage as an accessory to their adjacent single-family dwelling, while preserving and protee!ing the charae!er of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Oliva, and duly carried, to GRANT the variance as applied for, as shown on the survey prepared by Joseph A. Ingegno, Land Surveyor dated December 3, 2005 and Building Plans prepared by H. Dietz, Penny Lumber dated 6/23/06, subject to the following Conditions: 1) That the applicant's two lots be merged as one, in perpetuity, rather than two separate parcels. This merger will bring the accessory use of the proposed garage into conformity with its use incidental and accessory to the applicant's dwelling, without the need to construe! a further single-family dwelling. This merger shall also allow other benefits gained and determined by the Building Inspee!or to meet the Zoning Code requirements as a single merged parcel (such as increased lot coverage of land which would be applied for a future building permit application for an accessory building or structure, such as a swimming pool, shed, garage) accessory and incidental to the owner's use adjacent (resulting from the larger lot). . . . Page 4 - April 19. 2007 ZB File No. 5989 - William E. and Alice Lehmann CTM No. 31-17-17 and 31-18-16 2) The merger of the applicants' two lots shall not create interference over or within existing right-of-way or passage easement rights that others may have. 3) The Declaration of Covenants and Restrictions shall contain language approved by the Town Attorney, referring to the conditions set forth in the voluntary merger and set forth in this variance approval, and filed by the applicant with the Suffolk County Clerk, with a conformed (recorded) copies filed with the Town of Southold Zoning Board of Appeals, Building Department, and Assessors Departments for permanent record keeping. 4) Written notification shall be sent by both the Zoning Board of Appeals and the applicant's attorney, to the Town of South old Assessors' Department, asking the Assessors to indicate on current and future property assessment cards for the northerly and southerly lot(s), as well as on their permanent database, that the premises are voluntarily merged into a single parcel, and noting these covenant and restrictions of record for permanent recordkeeping purposes That these ZBA conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio, Oliva, This Resolution was duly adopted (4-1 . Nay: Member Simon. 5/! /2007 ()-J ilL. ,A- fr1 of- II / I c.. e...- /.- e H IY1 .1-.u,.,v . 7J~-.M/~ LII"v~ E.M.1......., 5 c,1I1 # /ooe> 3/-/7-/7 Looking at Lakeside 7-;JI-OCo From Lakeside looking toward Bayside . . Telephone (631)765-1892 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York I 1971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., August 16,2006, the following recommendation was made: Moved by Don Wilder, seconded by Jack McGreevy, it was RESOLVED to TABLE the Wetland Permit application of WILLIAM & ALICE LEHMANN to construct a two~car garage. Located: 725 Rabbit Lane, East Marion. SCTM#31-17-17 Inspected by: Don Wilder The CAC Tables the application until the culvert pipe is completely removed. Vote of Council: Ayes: All Motion Carried . ----, + o -N- ~ + .- . ~ I -. >CALOl".U'O' <P .~ '{'f " + I ,I i! -+- TEST HOLE DATA ~ ~ r;'\J ~ I~ ~.. f:!\ >r.~ ~"~v If I)' J..~ ,~\J ~~ ~" ~ ~ ~ SURVEY OF PROPERTY SITUATED AT EAST MARION TOWN OF SOUTH OLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-31-17-17 2..' SCALE 1"=30' - "'""" SANDY ClAY a. SEPTEMBER 23, 2003 ..8' JULY 13. 2006 MlIlED PROPOSED GARAGE ...... II - ...,.. """'" ClAY a. JULY 26, 2006 ADDED ClDiRING & GROUND DISTURBANCE LINE .' ~ E C IE a 11 E JANUARt 17, 2007 SET FOUNDATION STAKES D AREA = 16,486.09 sq. fl. ~~"":" FIlE JUl 1 3 'lJJ07 (TO TIE LINE) 0.378 ac. (TEST HOlE DUG BY UcDDNAl 0 ~DSClFNCF ON AUGUST 28. 2003) EL 4.3' 'lC~ ...~-t. '\ "".' - ().~~O ~~~~ \:~~~ . ~'t- "'\ .~ 1- if P. ~. Y- O.. ~ ~ ;&.-t. '\ ()~ ~<o "I;.~~'<f>~ ~"'~ ~~ <Q., ~ ~ r.# ";y~.." ~..~ #' .....cS' ~ .~ <P. " r;,# '\ ..;Y~ ~ \..~ #' ~~A ~ ~;:1b ~ -f>O~4>: ~0 ~ ~r.# ~,,~ ~ ~~~ #' EL 0.7' .'....".:........ r. .$0 ~#v ~..~ #' 0' IIIXED SAND &; uw. ....... ... IIoenI rl1'nIslMs 10' NOTES' 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUlI EXISTING ELEVATIONS ARE SHOWN THUS:><1DJ1 2. THE lOCATION or WElLS AND CESSI'OOl.S SHOWN HEREON ARE FROlI FIELD OBSERVATIONS AND/OR DATA OBTAINED FROlI OTHERS. 3. ANY WETLAND BOUNDARIES SHOWN ARE SUBJECT TO VERlF1CATION BY NEW VORK STATE AND/OR OTHER REGULATORY AGENCIES. 4. THIS PROPERTY IS IN FLOOO ZONE AE(EL 9) AS SHOWN OH FLOOD IHSURANCE RATE lIAP Ho. 36103C0177 G ZONE IE: BASE FLOOD ELEVATIONS DETERlIINED APPROVED ro., BOARD OF TRUSTEES TOWN OF SOUTHOLD DATE 7t'l'>/o? .:z- ---, , i I PRl1'MED .. ~ wnH THE ...... srND\IIIIS FOR 'MLE SUR\IE'l'S AS ESI'AIlJSICD IJr 1HE LU..LS. AND APPROWD AND ADOPI'ED FOR SUCH USE .... 1M[ NEW YORK SW'E I.NI) """""""'lION. ..-->'.~ H.Y.S. Uc. No. .9888 utWm<<lIIZED ALlEMTlON OR ADORION 10 lHIS SlAWE't IS A 't'lClATION OF SEC1ION 720e Of 1M[ NEW YORK STAlE ~- COPIES Of 1tIS SUIMY MN' NOr IlEMIt; lHE: lAND ~ I<<EO $EM. OR EIlIICJI!Im) Sf.M. SKIU. NOT IE 0ClHSIDEND 10 IE A WI) 1RUE COI'Y. CPI1FIClmONS IClltAJED HEREON StWJ. .... otI.Y 10 1M[ PERSON FOR '"* THE SlAMY IS PMP.tMD. NC) ON .. IDWF 10 THE ~~~~IfI)ANO 10 THE ofISSD&S OIF 1HE LIN*l) lNSTI- 1UnOft.00Cft1,""""IIONSI#IIl.NOT~ ~OFIIOtfI'OFW.YS AND EASDIDft'S OF RECOIl), .. I HOT SHOWN ME: HOT GUMANTttD. Joseph A. Ingegno Land Surveyor JiWe ScItW)'I' - StJ~r:ll81a. - sa. A:m - eo..tructIon L.ctouf PIIONE (131)727-2090 0fFJCES LOCA'JED AT 322 RONOC:E ~E RMRHEAO. .... York 11901 Fax (631)727-1727 _AllIIOE5S P.O. Box 1931 RMrfMod. .... York 11901-c>>6S TEST HOLE DATA (TEST HOLE DUG BY AlcDONAl D GEOSCfFNCF ON AUGUST 28, 2003) EL 4.3' 'l<~ ~c. -t-. '2.: 7'="'- ~ () ~c-- 0 -r-o~~~~ '&<<: ~-t-. ~%O% ~ '?p't.. ~1-~ '" 1- <f 17. ? ~, V. 0" ~ ~ ill. ~. ....-t-. ':)."~ ~'o 1.<& '<< <S>... 't>" ~ ~l:' <J> ~~ c> ~ ~ r;,# ,;)>~.~ Q"<';"~ ". .# ? ~ Ox<{ J-.. I;(, "'P-z. x<{ ...~~ -1>0 <II ~0 ~ ~r;,~..'1 ~,,:;J.., ~ Q<i-~'lY ~4-" EL 0.7' r;,<f' ,;)>~.;; ~<';Wf.- Q ." .f 0' t.lXEDSANO.tll.OAhl 2.5' GRE't'ISH BROWN 'SANOY CtAY CL 3.6' WATER IN GREYISH BROWN SANDY CLAY Cl " WATER IN P.&LE BROWN FINE TO COARSE SAND S>N '0' SURVEY OF PROPERTY SITUATED AT EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S,C, TAX No, 1000-31-17-17 SCALE 1"=30' SEPTEMBER 23, 2003 JULY 13, 2006 ADDED PROPOSED GARAGE JULY 26, 2006 ADDED CLEARING & GROUND DISTURBANCE LINE AREA = 16,486,09 sq. ft. (TO TIE LINE) 0.378 ce. JNlES.;. 1. ELEVATIONS ARE REFERENCED TO H,G.V.D. 1929 DATUW EXISTING ELEVATIONS ARE SHOWN THUS:. .!J.LQ 2. THE LOCATION or WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND/OR DATA OBTAINED FRO" OTHERS. 3. ANY WETLAND BOUNDARIES SHOWN ARE SUBJECT TO VERiFICATION BY NEW YORK STATE AND/OR OTHER REGULATORY AGENCIES. 4. THIS PROPERTY IS IN FLOOD ZONE AE(EL 9) AS SHOWN ON FLOOD INSURANCE RATE ~AP No. 361 D3COI77 G ZONE /4E: BASE fLOOD ElEV.A.TIONS DETERMINED utWJlHC.INZlD N..TEMTJON Oft ADOfTK)H TO THIS SUM\IEY IS A YlQ..ATlON OF SECTION 7208 Of niE NEW YORI( STATE EOl.lCATIOH LAW. COPIES OF THIS SlIR'o'EY WN' NOT 8EARNG 1liEI.NC)S~IHKEOSEAlOft EMBOSSED SEAL SH.AU.. HOT BE CONSIDERfD TO BE A VH.I) TRUE COP'r'. CER1lF1CATlOHS INOICAffO HfR[ON 5HAlL RUN ONLY TO THE PERSOH FOR WHOW THE S~ IS PREPMED, AND ON ..... IIOW.F TO THE lTTt..E COWPANY, GCMRNMENTN.. .IrIGDlCY N<lO I..ENDING INST1TlJT1OfII USTEII HERBJN. AND TO THE ASSIGt<<ES Of" 1liE lOIOING lNSTl- nmott. CEJmFlCAllOHS /IIIiE. NOT ~ N.Y.5. Uc. No. 49668 h A. Ingegno and Surveyor Title Surveys - ubdivisions - Site Plans - Construction loyoot PHONE (631)727-2090 Fox (6.31)727-1727 TH[ [XlST[NC[ Of RIOHT Of WAYS AND/OR EASDlENTS OF ItECCMIO, IF ~, NOT SHOWN ..It{ NOT GUMANTttO. OfFICES LOCIoTED AT ,322 ROANOKE AVENUE ~EAD, Ne.. York 11901 WtIL/NG ADDRESS P.O. Box 19,31 Riverheod, Nn Yor1<. 11901-0965 TEST HOLE DATA (TEST HOLE DUG BY McDONALD GEOSCIENCE ON AUGUST 28, 200.1) EL 4.3' 71-:;' ~~.z.. ~ .,.. - ~O7, '{;.,o'2- ~~""~.." <a><t><'~~~ ~(;'I O<?t.. "1, ." ~ '" 't- ..r v. ~. v. 0." ~ ~ ~ ~. .,...z.. ~O7, ~'-o "\,.~'<S>~ 't> '1< <<:.. .G> '" "1, C> ~ ~ I>~"" \>~..~ ~"':~ ~ . ~ ",4' / ~ .~ d>. ~'1 ~ r.<, .f>..z.'1 "'~'1> -1>O~ ~0 1'> I> ." \>~ ..t' ~"':".~ ~ ." ",4<-~ EL 07" I><f' ..::>>~...;; ~<';!Q-" ~<t' .?' 0' MIXED SAND '" LOAN 2.5' GREYISH BROWN SANDY CLAY Cl 3.6' WATER IN GREYISH BROWN W<l0Y CLAY Cl " WATER IN PALf BROWN FlNE TO COARSE SAND SW 10' SURVEY OF PROPERTY SITUATED AT EAST MARION TOWN OF SOUTH OLD SUFFOLK COUNTY. NEW YORK S.C. TAX No. 1000-31-17-17 SCALE 1"=30' SEPTEMBER 23. 2003 JULY 1.3. 2006 ADDED PROPOSED GARAGE AREA = 16.486.09 sq. ft, (TO TIE UNE) 0.378 ce, NOTES. 1. EL.EVATtoNS ARE REFERENCED TO H.G.V.D. 1929 DATUW EXISTING ELEVATIONS ARE SHOWN THUS:~...lQJJ 2. THE LOCATION Of WElLS AND CESSPOOLS SHOWN HEREON ARE FROW FIELD OBSERVATIONS AND/Otl DATA OBTAINED FROIl OTliERS. 3. ANY WETLAND BOUNDARIES SHOWN ARE SUBJECT TO VERine... TlON BY NEW YORK STATE AND/OR OTHER REGULATORY AGENCIES. 4. THIS PROPERTY IS IN FlOOD ZONE AE(EL 9) AS SHOWN ON FLOOD INSURANCE RATE llAP No. 36103COI77 G ZONE AE: BASE FLOOD ElEVATIONS DETERUINED \ ~~ <01 \f\i'\l i:: r- r-) = -" \ ~;l ~:2J .----- ()N,WT1iOfUE() ALTERATION OR AOOlTION TO THIS SUIfV[Y IS A IMlLATION IF SECllON 7209 OF THE NEW YORK STATE EDUCATION lM. COP6OfMS~"""NOTElEMlf<<; THE L.NoID SURYE'l'OR"s lNICED SEAl.. OR EMIIOSSED SEAl StW..L NOT IE CONSIOEMD TO BE A VAlID TRUE COPY. CEJf1'lflCATlOMS WOlCATtD HEREON SHAlL RUN ON..Y TO THE PERSON F'Ofl: WHOIIt M SIJRI.IEY IS PIlfP>WD, AND ON f.IS 8OW.F TO THE mu: COWPIHY, ~ ofrIGIDK:Y ANO LDIJIrfC N5ml.1TION lISTED 1GmN, AND TOTHE.tSSIGNttS~TH(LENDlNGIN$T1_ lUTlON. CErmf"ICA1llJN /lIfE. NOT TlWf9F'ERA8U: THE IXISTDIC( Of RIGHT or WAYS AND/OI EASDEIfr$ Of' RECORD, It" AMY, NOT SHOWN Art[ NOT GUAR.4.HTEED. ....r(::COADN<<:EwmtTHE........ FtlRmu:~ASESTAIIUSHED L1ALS. AHO N'PRCMD AM) ADOPTED USE BY lH[ NEW 'lOR!< ST....rr I.N<<) t N.Y.S. Uc. No 49668 ph A. Ingegno d Surveyor idle Surveys - SubdM$onlJ - Site PIonlJ - Con:rlruction Layout PHONE (651)727-2090 Fox (631)727-1727 MALN; ADDRESS P.O. Box 1931 IfMlrheod. Nn Yor1l. 11901-0965 OFFICES LOCA1ED AT 322 ROA.NOKE AVENUE RrvERHEAD, Ne. York 11901 . . OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILJNG ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM ._-----~ II ~:J' \1 Ii. ;~ 'i_\.IJ, _i U"~ : \ -< r 'i ~ UUL' 13 1007 \S Southold Town Board of Trustees To: J ames King, President Town of Southold Board of Trustees "'" k .. I '"1\ \ . Mar Terry, Pnnclpal P anner ,. L WRP Coordinator From: Date: June 12, 2007 Re: Request for Wetland Permit for William and Alice Lehmann SCTM#3l-l7-l7 THE PROPOSAL IS LOCATED IN FLOOD ZONE AE (Elevation 9). WILLIAM & ALICE LEHMANN request a Wetland Permit to construct a two-car garage and install gutters and drywells to contain the nrn-off. Located: 725 Rabbit Lane, East Marion. SCTM#3l-l7 -17 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review ofthe Town of Southold Town Code and the Local Waterfront Revitalization Program (L WRP) Policy Standards. Based upon the information provided on the L WRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. 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. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. . . 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: a. structures which functionally require a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. c. sites where relocation of an existing structure is not practical. If the action is approved and to further Policv 5: Protect and Improve Water Qualitv in the Town of Southold: 1. ReQuire hav bales durin!! construction. 2. Establish a non-turf buffer landward ofthe wetlands to protect Marion Lake. 3. ReQuire !!utters. downspouts. and sub-surface drvweIls to contain roof runoff on !!ara!!e. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southo/d Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction I. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed distance to the new !!ara!!e from the wetland line is 70 feet: a minimum setback distance of 100 feet from the wetland line is reQuired pursnant to Chapter 275-3. Findin!!s: purpose: iurisdiction: setbacks. Please reQuire that the applicant amend the application to meet the above policv to the !!reatest extent practical. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. MTlhkc . *- MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE WCAll0N: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: James Dinizio, Chair Town of South old Zoning Board of Appeals From: Mark Terry, Principal Planner L WRP Coordinator JAN 3 1 2007 Date: January 30, 2007 Re: ZBA File No. 5989 (Lehman) The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of South old Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form subntitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 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 perntit conditions. The proposed distance from the earaee to the wetland boundarv is 70 feet: a ntinimum setback distance of 100 feet is reQuired pursuant to Chapter & 275-3. Findines: purpose: iurisdiction: setbacks. The Board of Trustees should reQuire that the aPDlicant amend the apolication to meet the above DOUCY to the I!reatest extent oractical. B. Comply with statutory and regulatory requirements of the State's wetland laws. Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. This determination of inconsistency is recommended only as it relates to the Chapter 275 of the Town of Southold Town Code; which is administered by the Board of Trustees. Cc: Town of South old Board of Trustees \ . . CHARLES R. CUDDY ATTOlmEY AT LAW 445 GRIFHNG AVENUE RIVERHEAD,NEW YORK ~Jino;l Address: P.O. Box 1547 Rive,head, NY 11901 TEL: (631) 369-8200 FAX, (631) 369-9080 E-mail: charles.cuJdyCq:verizon.net May 16, 2007 Southold Town Board of Trustees Southold Town Hall P.O. Box 1179 Southold, NY 11971 Re: William E. Lehmann and Alice Lehmann-Rabbit Lane, East Marion SCTM#1000-31-17-17 and SCTM#1000-31-18-16 Dear Board Members: We are enclosing a copy of the decision from the Zoning Board of Appeals recognizing that the Lehmanns may erect a 2-car garage on the lot identified on the SCTM# I 000- 31-17 -17. This is shown on the survey in your file. You will recall that the Lehmanns applied to secure the Trustees' approval but your consideration of their request was held in abeyance until the decision of the Zoning Board of Appeals. Would you please place this matter on your agenda so the application may be heard. CRC/ik Very truly yours, ~!~ {r r-ji 'I~ -~ -rg , rT Tl !l..,,/,-- -~ c. '.!. 11..,,\:' jjl,!, 'fl,li . " "AV 1 ~ ,J ~ IVI I ,; 2007 r~ IF'7 --~. I., , . ,', , ! j,u.,' I , ~-.. i SGiiUi{)!Q 10'." --.. j F'~;-i;'-0 ,,{ Tr~)stc~s .----- C'Y'l\rY SJ- ~:f\ \ i)'1 . . Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only _goastal Erosion Pennit Application ~ etland Pennit Application _ Administrative Pennit Amendment/TranSfl~xt!illi'ion ~eceived Application: 1 \ \ l)Io /ReceivedFee:$~ ~ompleted Application~ _Incomplete _SEQRA Classification: Type I_Type II_Unlisted_ _ Coordination:( date sent) L WRP Consistency Assessment Form ---tAC Referral sent:~\~l~~ ~ate oflnspection: (a:. _Receipt ofCAC Report: _Lead Agency Detennination:_ Technical Review: -Public Hearing Heid:lli/()l, Resolution: 1[5), ~ ~ ~J.JJ ~~ ,~lil I ir~.! JUL 2 1 2006' Il ' ~l Ll1 i~J I i I LL-------.--..-.-J SCi,~':C:~ : ~"..:rt Lh:~,i::f :i~:C'P;iS ---,,--_._--"---- llUe. p - Le H fVl I\-"AI ;V C. I~LL-e- \ M~IJ-eVl- QLA c ~ PhoneNumber:(~3l) 3,1/- '70 0 '1 Suffolk County Tax Map Number: 1000 - --3-1 I '7 - I 1 Property Location: --J :J <) R It fJ, t3 I T L /I- IJ t; ;; It d !'r1 A tel 0 IV \ I a.. tV\. -t 4.\i c..~ Name of Applicant t i.J \ 1I Address "J to LV 1\; -\- e. ... G I Rc. (1 )...\ L-Co ' ..J. (provide LILCO Pole #, distance to cross streets, and /lJY~ \ I ct-3 tt AGENT: (If applicable) Address: t$'CSV'l ~ t1 \;).,-\\(f Phone: .....,. tlfard of Trustees APPlicat~ GENERAL DATA Land Area (in square feet):-J (,,) J.j \? L,. e q Area Zoning: t,(2,Lt'~~ Q Mh,;.." Q" V A.L A JJ+ L A,.(J 0 :J C--Ay2 Q,A.(,)4~p ~ \) ~. Previous use of property: Intended use of property: Prior permits/approvals for site improvements: Agency Date ---.60 prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? VNo Yes -- If yes, provide explanation: Project Description (use attachments if necessary): C 0 r\ <;1- Rl.J L-t U'IL.L. -fn tJ f'(') II I I'> ..(?J , c...() r\ fA i 1'\ :J C A 6( j At2 It ~ 'E' pj1efL<::: 1- nfR.-\1 -l=l= I FF OF 5./te ~ RUUo Il~ t ~ard of Trustees APPlicat~ COASTAL EROSION APPLICATION DATA Purposes of proposed activity: --t () F 0 I'J.. +u.:.> n ~r{)V\D~ ~(i{2AG~ C..- It- Q " Are wetlands present within 100 feet of the proposed activity? No ~/Yes Does the project involve excavation or filling? No t/Yes If Yes, how much material will be excavated? 0 (cubic yards) How much material will be filled?~7 .10 (cubic yards) Manner in which material will be removed or deposited: -I Y', ) ( II Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) , ~ard of Trustees APPlicat'" WETLANDITRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: 5",,~ \.....1> "erMl ftG- E.. Area of wetlands on lot: "oJ I ~'- 0 square feet /"'" Percent coverage oflol: 't .) % Closest distance between nearest existing structure and upland edge of wetlands: tj-'2- feet Closest distance between nearest proposed structure and upland edge of wetlands: 7 "2- feet Does the project involve excavation or filling? ~ Yes No If yes, how much material will be excavated? r:;}- cubic yards How much material will be filled? tV "3 c) cubic yards Depth of which material will be removed or deposited: o tJ €c feet Proposed slope throughout the area of operations: 0 10 Marmer in which material will be~ or deposited: T\{L.LCK 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): 70()~ e. . 617.20 a Appendix C . 'lllll!tate Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION ITo be comDleted bY A~Dllcant or Proiect SDonsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME William & Alice Lehmann 3. PROJECT LOCATION: Munk:ipality East Marion County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 725 Rabbit Lane, East Marion, NY 11939 Location: north side of Rabbit Lane - east of Bay A venue. Lake Marion located to the north, Gardiners Bay to the south LIP A pole #20H 5. PROPOSED ACTION IS: o New o Expansion o Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Construct 2 car garage on SCTM # 1000-31-17-17 Description of site and building on enclosed survey 7. AMOUNT OF LAND AFFECTED: In~ially acres Ultimately .01656 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? o Yes DNo If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~ Residential o Industrial D Commercial D Agriculture D Park/Forest/Open Space D Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR UL TIMATEL Y FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? o Yes DNO If Yes, list agency(s) name and permit/approvals: Southold Town Building Permit, Southold Trustees Permit, Southold Zoning Board Permit 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes 0NO If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes 0NO I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanUsponsor name: William & Alice Lehmann ~ ,., Date: 7/18/06 Signature: *~ A. /J rlJf~p p . '--/: j).#', ~. ,.. If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 Reset PART II - IMPACT ASSESSMENT T A. DOE!! ACTION EXCEED ANY TYPE I T the review process and use the FULL EAF. . DYes 0 No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative dedaration may be superseded by another involved agency. DYes 0 No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels. existing traffic pattern, solid waste production or disposal. potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural. archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species. significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goats as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long tenn, short tenn, cumulative, or other effects not identified in C1-C5? Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? DYes D No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? DYes 0 No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or othelWise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question 0 of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. o D Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. Check this box if you have detennined, based on the information and analysis above and any supporting documentation, that the proposed action WIL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination 7/18/06 Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Reset . . ffiARLES R. CUDDY ATTORNEY AT LAW 445 GRfFFING AVENUE RTVERHEAD,NEW YORK Mailin~ Address; PO. Box 1547 Rive,head, NY 11901 TEL (631)369-8200 FAX (631) 369-9080 E-mail: charles.cuddy@verizon.net June 19, 2007 Southold Town Board of Trustees Southold Town Hall Main Road Southold, NY 11971 -..---...----:--""\ l-~ [E ~ ,::___J~jl.~'\ 0,- ,:: III Jl)'; 1 9 2007 :g L--~ Southold Town Bl'::lrrt of Tm<:;tees arion Re: William E. Lehmann and Alice Lehmann-Rabbit Lane, SCTM#1000-31-17-17 Dear Board Members: We are enclosing the Affidavit of Posting as well as Affidavit of MaiIing in connection with the above application. This matter is scheduled to be heard on June 20,2007. Very truly yours, ~~ Charles R. Cudd~ w 0 Enclosures CRC:ik . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jf. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 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 _jLtllli~rrl__~_(L!.Lc1.__dL~_ma.~____ COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, Charles R. Cuddy , residing at Marratooka Lane Mattituck, NY being duly sworn, depose and say: That on the 11 day of June ,2007, I personally posted the property known as 725 Rabbit Lane, East Marion, NY 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 fJ.1~o ~J J (), ~ () {)7 - On. I abou1~,'jo Pm, Dated: June 19, 2007 {'iJt;LPf~ (signature) . Sworn to before me this /1 f.Jo day of June2007 I~ Notary Public ~r' ao-. IWONA KODYM '-r Public. Slate of NewYorlr ..._ No.,..._..01K06088388 0tIr. -- .."'" In Suffolk County AIlfrU'lIlI ExpI,. March ~ 2011 . . PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: P.O. Box 92 East Marion, NY 11939 Edward Betch Joseph Torelli and Janna H. Torelli 79 Summit Rd. Port Washington, NY 11050 Elizabeth A. Neville Town Clerk P.O. Box 1179 Southold, NY 11971 Stephanos Stefanides and Ors Stefanides 455 E 51st Street, Apt.A New York, NY 10022 STATE OF NEW YORK COUNTY OF SUFFOLK Iwona Kodym , residing at 5450 Bergen Avenue M1ttit'lck. NY ' being duly sworn, deposes and says that on the 1? day of T"n" , 20QL, 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 there 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 South old; that said Notices were mailed at the United States Post Office at Riv"rh,,~cl NY , that said Notices were mailed to each of said persons by (certified) (registered) mail. ~, Sworn to before me this \ ~ Dayof June , 20~ 1/A:YI1.AL '~M{~ (l Q~~~ Notary Public PATRICIA A. CLARK Notary Public. State of New York No. 5711005 Qualified in Suffolk CountY Convnlssion Expires September 30. 20 -l D . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hali 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 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 jQL~ro__3__Q._~~mc't~A_!.Yla._Qn________ COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I,L12Jj,<tm.J?\I[(,ifLe.-H;l",1;.~sidingat,.,/(" Lf),it~ R,;'(l-ff'~1L-e.. lJi/le~4;JU? Ii v. , JI7(,z (( being duly sworn, depose and say: That on the Z<!day of Ju~ ,200& I personal.1r posted the property known as , ; . LMt ECAS+ 'MlAV \0<1 by placing the Board 0 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 U ltrl- (lUt01' J ~ 01('1'/" ~ '() n. tt60U1-VJ ; 30 Rh, Dated: .J U \,-!1'b 1 ),D()\, ~~c~ ~ (signature) , \ JUL 28 20C5 MELANIE DOROSIO IIOTARY PUBU!11. ~~e of New'tbdl No.01U11'1o.l4870 Oualnied In SuIlolk CountY '" {"f'l ( CommIssion Expires SepIImb8r 3O,..lMo' 0 . . Board of Trustees Application County of Suffolk State of New York W:ll:ht<. Lelt\M"'oV.v + !)/,'c..e..-LeHI'I1Ir)/,)./ BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE 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 MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. otr~:M---- ~~ Signature SWORN TO BEFORE ME THIS ~( DAYOF 7<..17 ,20 ZJ ~ g~~ , Notary Public 1 . ~ APPLICANT/AGENTIREPRESENT ATIVE TRANSACTIONAL DISCLOSURE FORM The Town of South old's Code of Ethics orohibits conflicts of interest on the Dart of town officers and ernolovees. The nUrDOse of this form is to ~rovide information which can alert the town of DOssible conflict'i of interest and allow it to take whatever action is necessary to avoid same, YOUR NAME: I ~ (Last name. first n e, -tpiddle initial, unless you are applying in the name of someone else or other entity, such as a company. Uso, indicate the other person's or company's name.) , NAME OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of Zone Approval of plat Exemption from plat or official map Other (If''Other'', nllJ1le the activity.) Building Trustee Coastal Erosion Mooring Planning ,/'" ./ Do you personally (or through your company. spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of South old'? "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% ofthe shares. ~ YES NO If you answered "YES", complete the balance of this fonn and date and sign where indicated. Name ofpeTS9n employed by the Town of South old 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, paren~ or child is (check all that apply): _A) the owner of greater than 5% ofthe shares of the corporate stock of the applicant (when the applicant is a corporation); _B) the legal or beneficial ownc;r of any interest in a non-corporate entity (when the applicant is not a corporation); _C) an officer, director, partner, Of employee of the applicant; or _D) the actual applicant. DESCRIPTION OF RELATIONSHIP S~bmitted th.i~;) L day o~ \.~ ~OO ~. /J () Signature ~ ' ~~D~~ Print Name '''I;\U Il...... LG t~M {l,,~,J Form TS I . Town of South old . . LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. * 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 South old 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 L WRP policy standards and conditions contained in the consistency review law. Thus. each answer must be explained in detail. listine: both supportine: and non- supportine: facts. If an action cannot be certified as consistent with the L WRP policy standards and conditions, it shall not be undertaken. A copy of the L WRP 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# -10 n(J - 3) PROJECT NAME (J)', I I /1 . I{ , "':!-- AI,c.<?/ Le 1-1 /VI fJr/J ;J , 0.. Y\'\. The Application has been submitted to (check appropriate response): Town Board D Planning Board D Building Dept. 0' Board of Trustees D I. Category of Town of South old agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) D D (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: 0' Nature and extent of acti1 ~ A ~ ~ ^ "'"1'-' (I""""" II :J. C'..r. ^ ~ f'lf!f- . . Location of action: 'l:;()" P A-.AA I T LAn e. Site acreage: I & I 4 ~ ~ ,<;" .F . Present land use: \/ A cAN t- o . r; ;vJ11f.! I ~ A} , llCf3i o Present zoning classification: R (J S I I) e.- V\ + I Ct G 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: (U: 1110. V'<\ /1/1 \lle~ . ;;u" I (j ~ \ +-e PLtr e- IV '-l {. I-U 1'( e... Le. HM A- V1 r\ (j,;ocl-! L/(loc.L~ . (b) Mailing address: (c) Telephone munber: Area Code (Id~ 117f€ L( 3Cf~-c;s~1 en :3 5/-700 9 (d) Application number, ifany: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes I2f' No D If yes, which state or federal agency? -b t? (' 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 L WRP Section III - Policies; Page 2 for evaluation criteria. DYes D No 0 Not Applicable Attach additional sheets if necessary Policy 2. Protect a~nd preserve historic and archaeological resources L WRP Section III - licies Pages 3 through 6 for evaluation criteria DYes D No Not Applicable of the Town of Southold. See . . Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See L WRP Section III - pOJcies Pages 6 through 7 for evaluation criteria DYes D No G 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 - pOlicieCEges 8 through 16 for evaluation criteria DYes D No Not Applicable 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 thr1gh 21 for evaluation criteria DYes D No c:JNot 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 th~gh 32 ~ evaldon criteria. . Yes No Not Alcable . 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. DYes D No BNot Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and was~. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. DYes D No 12] 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 L WRP Section III - Policies; Pages 38 through 46 for evaluation criteria. / DYeD N00 Not Applicable Attach additional sheets if necessary WORKING COAST POLlCII . Policy 10. protec;f;ttholdlS water-dependent uses and promote siting of new water-dependent uses in suitable locations. S e L WRP Section III - Policies; Pages 47 through 56 for evaluation criteria. DYes 0 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 ,?ters. See L WRP Section III - Policies; Pages 57 through 62 for evaluation criteria. DYes 0 No [Z] Not Applicable Attach additional sheets if necessary Policy 12. Protect agricuIturallands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evfuation criteria. DYes 0 No [2'] Not Applicable Attach additional sheets if necessary Policy 13. prom~te appropriate use and development of energy and mineral resources. See LWRP Section III - Policie Pages 65 through 68 for evaluation criteria. DYes 0 No Not Applicable PREPARED BY V~ I 1\: 1~.vI L GO h IV> /4,.},v ~A~-O~ TITLE c) W ~ .e (L DATE r. I ?,-O("