HomeMy WebLinkAbout1000-14.-2-3.13
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WILLIAM J. CREMERS
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
To: Town of South old Board of Trustees
From: Mark Terry, Senior Environmental Planner
L WRP Coordinator
Date: August 19,2005
Re: Proposed Permit for Athanasia and Bill Kartsonis Construct a Bluff Stair adjacent
to Long Island Sound
SCTM#1000-14.-2-3.13
This proposal is to construct a 4' x 41' CCA timber walk and stairway down the bluff to
Long Island Sound beach.
The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of
the Town of South old 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 generally
CONSISTENT with the following Policy Standards and therefore is CONSISTENT
with the L WRP provided that the Board require any necessary amendments to the
application and implement appropriate best management practices to further the
below listed Policy Standards. Recommended Best Management Practices include:
I. To further the intent of L WRP Policies 5, 6, and 8; protect water quality and
the health of the users ofthe structure; require that no CCA treated wood.
oil based preservatives containinl! creosote (CRT) or pentachlorophenol
(PCP). applied to the surface of wood materials shall be permitted in the
construction materials ofthe structure. The applicant shall use a decav
resistant alternative.
2. ReQuire the submittal of a narrative of proposed construction methods
indicatinl! how the applicant will insure minimal disturbance to the
surroundinl! existinl! vel!etation.
Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action.
Policy 5
Protect and improve water quality and supply in the Town of
Southold.
Policv Standards
B.
Prevent point source discharges into Southo/d's coastal waters and
manage or avoid land and water uses that would:
2. cause or contribute to contravention of water quality classification
and use standards, or
3. adversely affect receiving water quality, or
4. be contrary to Phase III of the Long Island Sound Study's Nitrogen
Reduction Plan which calls for a 58.5% Sound-wide reduction in
nitrogen levels.
Policy 6
Protect and restore the quality and function of the Town of Southold
ecosystem.
Policv Standards
6.1 Protect and restore ecological quality throughout the Town of South old.
A. Avoid adverse changes to the Long Island Sound and the Peconic Bay
ecosystems that would result from impairment of ecological quality as indicated
by:
I. Physical loss of ecological components
Physical loss is often the most obvious natural resource
impairment to identify. It usually results from discrete actions,
such as filling or excavating a wetland or clearing an upland forest
community prior to development.
2. Degradation of ecological components
Degradation occurs as an adverse change in ecological quality,
either as a direct loss originating within the resource area or as an
indirect loss originating from nearby activities. Degradation
usually occurs over a more extended period of time than physical
loss and may be indicated by increased siltation, changes in
community composition, or evidence of pollution.
3. Functional loss of ecological components
Functional loss can be indicated by a decrease in abundance of fish
or wildlife, often resulting from a behavioral or physiological
avoidance response. Behavioral avoidance can be due to
disruptive uses that do not necessarily result in physical changes,
but may be related to introduction of recreational actlVltJes or
predators. Timing of activities can often be critical in determining
whether a functional loss is likely to occur. Functional loss can
also be manifested in physical terms, such as changes in
hydrology.
B. Protect and restore ecological quality by adhering to the following
measures.
\. Maintain values associated with natural ecological communities.
Each natural ecological community has associated values which
contribute to the ecological quality of the Town of Southold. These
values should be assessed on a case-by-case basis.
2. Retain and add indigenous plants to maintain and restore values of
natural ecological communities.
a. Protect existing indigenous plants from loss or disturbance
to the extent practical.
b. Include use of suitable indigenous plants in the landscaping
plans for new development and in redevelopment projects
where loss or disturbance of existing indigenous plants
could not be prevented during construction.
3. Avoid fragmentation of ecological communities and maintain
corridors to facilitate the free exchange of biological resources
within and among communities.
a. Each individual resource area should be maintained as a
complete contiguous areas to protect the area's natural
resource values. Specifically, actions that would fragment
the ecological community into separate ecological islands
should be avoided.
b. Where fragmentation of ecological communities has
already occurred, the adverse effects of fragmentation can
be mitigated by maintaining or providing connecting
corridors to allow exchange of biological resources.
4. Maintain ecological integrity of particular locales by maintaining
structural and functional attributes, including normal variability, to
provide for self-sustaining systems.
5. Avoid permanent adverse change to ecological processes.
C. Reduce adverse impacts on ecological quality due to development.
2. Mitigate impacts of new development.
Definitions
Habitat destruction is defined as the loss of fish or wildlife use through
direct physical alteration, disturbance, or pollution of a designated area or
through the indirect effects of these actions on a designated area. Habitat
destruction may be indicated by changes in vegetation, substrate, or
hydrology, or by increases in runoff, erosion, sedimentation or pollutants.
Significant impairment is defined as reduction in vital resources (e.g.,
food, shelter, living space) or change in environmental conditions (e.g.,
temperature, substrate, salinity) beyond the tolerance range of important
species of fish or wildlife that rely on the habitat values found within the
designated area. Indicators of a significantly impaired habitat focus on
ecological alterations and may include, but are not limited to, reduced
carrying capacity, changes in community structure (e.g. food chain
relationships, species diversity, etc), reduced productivity and/or increased
incidence of disease and mortality.
The range of parameters that should be considered in applying the habitat
impairment test include, but are not limited to, the following:
I. physical parameters, such as living space, circulation,
flushing rates, tidal amplitude, turbidity, water temperature,
depth (including loss of littoral zone), morphology,
substrate type, vegetation, structure, erosion and
sedimentation rates
2. biological parameters, such as community structure, food
chain relationships, species diversity, predator/prey
relationships, population size, mortality rates, reproductive
rates, meristic features, behavioral patterns and migratory
patterns, and
3. chemical parameters, such as dissolved oxygen, carbon
dioxide, acidity, dissolved solids, nutrients, organics,
salinity, and pollutants (heavy metals, toxics and hazardous
materials)
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.
B. Comply with statutory and regulatory requirements of the State's wetland
laws.
1. Comply with regulatory requirements of the Stream Protection Act
for the excavation or placement of fill in all wetlands that are
adjacent to and contiguous at any point to any of the navigable
waters of the state, and that are inundated at mean high water level
or tide.
2. Comply with the regulatory requirements of the Freshwater
Wetlands Act for the protection of mapped freshwater wetlands.
3. Comply with the regulatory requirements of the Tidal Wetlands
Act for the protection of mapped tidal wetlands including coastal
fresh marsh; intertidal marsh; coastal shoals, bars and flats; high
marsh or salt meadow; littoral zones; and formerly connected tidal
wetlands.
C. Prevent the net loss of vegetated wetlands according to the following
measures. Use the measure resulting in the least environmentally
damaging practicable alternative.
1. Avoid placement offill in or excavation of vegetated wetlands:
a. Choose alternative sites which would not result in adverse
impacts on wetlands.
b. Reduce scale or intensity of development to avoid
excavation or fill.
c. Choose design alternatives which would avoid excavation
or fill.
2. Minimize adverse impacts resulting from unavoidable fill,
excavation, or other activities by:
a. reducing scale or intensity of use in order to limit incursion
into wetland areas
b. designing projects to result in the least degree of adverse
wetland impacts
3. Provide compensatory mitigation for adverse impacts which may
result from unavoidable fill, excavation or other activities
remaining after all appropriate and practicable minimization has
been accomplished.
a. Restore former wetlands or create new tidal wetlands
according to the following priorities:
(i) restore former wetlands or create new tidal wetlands
in areas adjacent or contiguous to the site
(ii) where restoration of former wetlands in areas
adjacent or contiguous to the site is not appropriate or
practicable, restore former wetlands in close physical
proximity and in the same watershed, to the extent possible
(iii) where restoration of former tidal wetlands is not
appropriate or practicable, create new tidal wetlands in
suitable locations as determined by sediment, exposure,
shoreline characteristics, and water regime; include
consideration ofloss of resource values which may exist at
the mitigation site
b. Creation of new non-tidal freshwater wetlands is generally
not suitable for compensatory mitigation for loss of natural
wetland.
c. Where wetlands are restored or tidal wetlands created:
(i) Provide equivalent or greater area of mitigation
wetland. Base the actual area of wetland provided on the
following factors: characteristics of the mitigation site,
proposed wetland creation or restoration methods and
designs, and quality of the wetland restored or created
relative to the wetland lost.
(ii) Provide equivalent or greater value or benefit to that
of the wetland area lost, as defined by class of freshwater
wetland, as ranked in 6 NYCRR Part 664 or, tidal wetland
zones, as described in 6 NYCRR Part 661.
(iii) A lesser area of mitigation wetland may be allowed
in cases where the mitigation wetland and its benefits
would clearly be a greater value than the wetland lost.
(iv) Guarantee success of the compensatory mitigation.
Wetland mitigation is considered successful if functional
attributes of the wetland have been reached and maintained,
including a plant density which approaches the design
density.
(a) Carry out mitigation in accord with a
compensatory plan which details wetland creation
or restoration measures. Base compensatory plans
on establishment of a natural, self-regulating
wetland.
(b) Monitor and report on progress of the
wetland mitigation according to a prescribed plan.
(c) Provide a suitable performance bond or
other surety instrument guaranteed to an appropriate
agency or organization to assure successful
completion of the mitigation.
d. When a series of small, unavoidable wetland losses
requires mitigation, combine mitigation projects to create
larger contiguous wetland areas whenever the resulting
ecological value would be greater than that achieved
through pursuing discrete, separate efforts.
e. Protect wetland functions and associated benefits regardless
of the availability of compensatory mitigation.
(i) Do not fill, excavate, or dredge vegetated wetland
areas which:
(a) support endangered or threatened species of
plants or animals
(b) have not been subjected to significant
impairment, or
(c) are part of a natural resource management
area, including refuges, sanctuaries, reserves, or
areas designated as Significant Coastal Fish and
Wildlife Habitats, based on wetland values.
(ii) Do not fill, excavate, or dredge vegetated wetland
areas when the wetland loss would result in significant
impairment of the remaining wetland area.
(iii) Retain functions and benefits associated with
vegetated and non-vegetated wetlands.
6.4 Protect vulnerable fish, wildlife, and plant species, and rare ecological
communities.
A. Protect vulnerable fish and wildlife species.
1. Vulnerable fish and wildlife species are those listed in regulation 6
NYCRR Part 182.5 as Endangered Species, Threatened Species,
and Special Concern Species.
2. Review existing species records and field survey proposed
development sites, at the appropriate times, for the presence of
listed species or conditions that meet their habitat requirements.
3. Protect habitat of listed species identified through field surveys or
other methods during all stages of their life cycles.
B. Protect vulnerable plant species.
I. Vulnerable species are those listed in regulation 6 NYCRR Part
193.3 as Endangered Species, Threatened Species, Exploitable
Vulnerable Species, and Rare Species.
2. Review existing species records and field survey proposed
development sites, at the appropriate times, for the presence of
listed species or conditions that meet their habitat requirements.
3. Protect habitat identified by the occurrence of a listed species
during all stages of their life cycles.
C. Protect rare ecological communities.
1. Rare ecological communities to be protected include:
a. communities that qualify for a Heritage State Rank ofSl or
82; and
b. communities that qualify for both a Heritage State Rank of
83, S4 or 85; and an Element Occurrence Rank of A. (See
The Natural Coast for an explanation of Heritage State
Ranks) .
2. Review existing ecological community records and field survey
sites potentially affected by proposed development for the presence
ofrare ecological communities.
3. Protect rare ecological communities. Use appropriate design and
development of land and water uses that will integrate or be
compatible with the identified ecological community.
4. Use the most up-to-date information available on the structure and
the function of rare ecological communities as a factor in
determining open space requirements of a project.
Policy 8
Minimize environmental degradation in Town of South old from solid
waste and hazardous substances and wastes.
Policy Standards
8.3 Protect the environment from degradation due to toxic pollutants and
substances hazardous to the environment and public health.
A. Prevent release of toxic pollutants or substances hazardous to the
environment that would have a deleterious effect on fish and wildlife
resources.
E. Take appropriate action to correct all unregulated releases of substances
hazardous to the environment.
8.4 Prevent and remediate discharge of petroleum products.
PUBLIC COAST POLICIES
Policy 9
Provide for public access to, and recreational use of, coastal waters,
public lands, and pnblic resources of the Town of Southold.
Policy Standards
9.1 Promote appropriate and adequate physical public access and recreation to
coastal resources.
A. Provide a level of public access and type of recreational use which takes
into account thefollowingfactors:
1. proximity to population centers,
2. public demand for access and recreational use,
3. type and sensitivity of natural resources affected,
4. purpose of public institutions which may exist on the site,
5. accessibility to the public access site or facility,
6. the needs of special groups such as the elderly and persons with
disabilities,
7. the potential for adverse impacts on adjacent land uses,
8. the potential for adverse impacts on the transportation network.
F. Include physical public access to, and/or water-related recreation
facilities on, coastal lands and waters whenever development or activities
are likely to affect the public's use and enjoyment of public coastal lands
and waters. Provide incentives to private development projects which
provide public access and/or water-related recreation facilities.
G. Restrict public access and recreation only where incompatible with public
safety, and the protection of natural resources.
9.2 Protect and provide public visual access to coastal lands and waters from
public sites and transportation routes where physically practical.
A. Avoid loss of existing visual access.
1. Limit physical blockage of existing visual access by development
or activities due to the scale, design, location, or type structures.
2. Protect view corridors provided by streets and other public areas
leading to the coast.
3. Protect visual access to open space areas associated with natural
resources.
B. Minimize adverse impact on visual access.
1. Provide for view corridors to the coast in those locations where
new structures would block views of the coast from inland public
vantage points.
2. Use structural design and building siting techniques to preserve or
retain visual access and minimize obstruction of views.
C. Mitigate for loss of visual access.
1. Provide public visual access from vantage points on the site where
development of the site blocks visual access from inland public
vantage points.
2. Provide for additional and comparable visual access at nearby
locations if physical access cannot be provided on-site.
9.5 Provide access and recreation that is compatible with natural resource
values.
A. Provide appropriate access and associated recreational activity that will
avoid potential adverse impacts on natural resources. Use the following
factors in determining the potential for adverse environmental effects:
1. intensity of the associated recreational, scientific, or educational
acti vi ty,
2. level of likely disturbance associated with the proposed activity.
The following types of access or associated activities are listed in
decreasing order of potential for disturbance:
a. motorized activities,
b. active, non-motorized activities, including water-dependent
and water-related uses,
c. passive activities,
d. avoidance of the area.
3. Sensitivity of the natural resources involved and the extent of the
ecological benefits associated with avoidance of the area.
B. Limit public access and recreational activities where uncontrolled public
use would lead to impairment of natural resources.
I. Establish appropriate seasonal limitations on access and recreation
in order to minimize adverse impacts on fish and wildlife species.
2. Provide stewardship that is capable of controlling anticipated
adverse impacts before providing public access.
3. Physically limit or avoid provision of public access to natural
resource areas whose principal values are based on the lack of
human disturbance.
4. Provide educational, interpretive, research, and passive uses of
natural resources through appropriate design and control of public
access and recreation.
C. Provide public access for fish and wildlife resource related activities,
including fishing and hunting, provided that the level of access would not
result in a loss of resources necessary to continue supporting these uses.
D. Provide access using methods and structures that maintain and protect
open space areas associated with natural resources. Determine the extent
of visual and physical impairment by structures extending through these
open space areas based on:
I. the value of the open space as indicated by un-fragmented size or
mass of the wetland or other natural resources, distance to
navigable water, and wetland value.
2. the size, length, and design of proposed structures.
I T.iw~ oPsouthold
L WRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
I. All applicants for perrnits* including Town of Southold agencies, shall complete this CCAP for
proposed actions that are subject to the Town of South old 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
Watemont 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).
3. If any question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the L WRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. 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 South old'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
~3.13
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SCTM#
14
2
The Application has been submitted to (check appropriate response):
Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees 0
I. 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)
o
o
(b) Financial assistance (e.g. grant; loan, subsidy)
(c)
Permit, approval, license, certification:
o
Nature and extent of action:
Construct a 4' x 41' fixed timber walk and stairway down
bluff to beach, as depicted on the project plan prepared
bv En-Consultants, Inc., dated June 24, 2005.
}
"
A~lch adclitional 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
[I] Yes 0 No 0 Not Applicable
The proposed stairway consists of the minimum structural elements necessary
to provide safe, pedestrian access down the bluff from the subject upland
to the fronting beach. The structure will be consistent in size and scope
with other similar structures in this and other bluff areas and will in no
way siqnificantly impair visual quality or scenic resources of the Town.
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
DYes 0 No 0 Not Applicable
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III
- Policies Pages 16 through 21 for evaluation criteria
DYes D 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.
DYes DNo[!] Not Applicable
.L
/'"
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.
DYes D No0 Not Applicable
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section III - Policies; Pages 62
through 65 for evaluation criteria.
DYes 0 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.
DYes 0 No l:J Not Applicable
Created on 5/25/05 11 :20 AM
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I, Purpooe: P ede5lrla'l a:ce55 \0 bea:h
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4, Stalrwa; rrwt be <:m9lrocted wtth minimum
510pe of .e \0 maintain 5afe1:4 5ta'1d,..-d
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PRoposet? l?L.Uff WIiK ANt? 5fAlR5
fOR f?1~~ ANt? AIHANA5IA KARlSONI5
ON WNCt I5L-ANt? SOUNt?, ORleNf,
5UffO~K COUNfY, NY
51-Ufl Of I 6/24/07
07 i121?005 14; 24 FAX 6312836136 EN-CONSULTAI'TS. INC.
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Site acreage: 0 .. q '3 ~ 'l
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Present zoning c1assification:_Q - 4'0
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2. If an application for the proposed action has been tiled with the Town of Southold agency, the following
infonnatioll shall be provided:
(a) Nameofapplicant:~_~",\,1.k-i",~ 1V1.c.,
,
(b) Mailingacidress:_t~(Cj N~ ~'" Q'1Y< J
~ "'^ftm.,. t'-ti- It q '" )<
(el Telephone number: Area CodeA;:,~ "2.%3 - fa 3 (,. 0
(d) Applicatt01111Umber, if any:
Will the aClion be directly undertaken, require fYIlding, or approval by a state or federal agency?
Yes 0 No W !fyes, which state or federal agency?
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,
preserves OpCII space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse cffects of development. See L WRP Section III - Policies; Page 2 for evaluation
criteria.
DYes 0 No ~tAPPIicable
Attach ad.dltlDnal sheets It necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Soutbold. See
L WRP Section III - Policies Pages 3 through 6 for evaluation criteria
DYes 0 No ~t Applicable
07/12/2005 14: 24 FAX 6312936U6
EN-CONSULTANTS.INC,
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ItAATgoNl :,
Attach addltional ,heet, If nooe".ry
Policy 7. Protect and improve air quality in the Town of Soutltold. See L WRP Section III - Policies
Paees 32 through 34 for enJuation criteria. See Section III - Policies Page5; 34 through 38 for evaluation
criteria.
o Yes DNo~tAPPlicable
Atta.ch additional sheets ifnec~ssa!)'
POlicy 8. Minimize environmental degradation in Town of Southold from solid waste aDd hazardous
substances and wastes. See LWRP SeetioD III - Policies; Pages 34 through 38 for evaluation criteria.
DYes 0 No ~ot Applicable
PUBLIC COAST POLICIES
Policy 9. Provide tor public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See L WRP Section 111- PoUcles; Pages 38 through 46 for evaluation
criteria.
ifyeO NoD Not Applicable
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:~I~.1r~l~r{~(;:~~1(,1Vj'p,,~I~\~J .~.~~~ ::7r::t:,~
Attach aod.itioll.aJ sheets if neces.s.ary
07'12i~005 14:25 FAX 0312~30130
EN-CONSDLTANTS.INC.
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. WORKING COAST POLICIES
Policy 10. Protect Southold' s water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See L WRP Section III - Policies; Pages 47 through 56 for evaluation enter!a.
DYes D No ~tAPPlicable
Attach additional sheets jf ne,cessary
Policy 11. Promote sustainable use of living marine resources in LI)Og Island Sound, the Peconle
Estuary and TOwn waters. See L WRP Section III - Policies; Pages 57 through 62 for evaluation criterIa.
~Yel 0 NoD Not Applicable
Attach addition,' ,hee.. if necessary
Polie)' 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages
62 through 65 for evaluation criteria.
DYes 0 NoD Not Applicable
Attach additional ~heets if necc~lSZI)'
Policy 13. Promote appropriate use and development of energy and mineral reSOurces. See LWRP
Section III - Policies; Pages 65 through 68 for evaluation cl'iterill..
DYes D No [] Not Applicable