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HomeMy WebLinkAbout1000-81.-1-13.1 ,( . . . WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON MAIUNG ADDRESS: P.O. Box 1179 Southold. NY 11971 & PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE WCATION: 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 . K L WRP Coordinator r Date: September 19, 2005 Re: Request for Permit for Victor and Mary Zupa Located: 365 Basin Rd., Southold. SCTM#1000-8l-1-l3.1 VICTOR AND MARY ZUPA requests an Amendment to Permit #4992 to reconfigure the existing structure as to provide adequate depths so that neither the float nor the boats rest on the bottom at low tide. Located: 365 Basin Rd., Southold. SCTM#81-1-13.1 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (L WRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the L WRP provided that the applicant demonstrates that the action meets the below policy; 9.4 Assure public access to public trust lands and navigable waters. E. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 1. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. 2. Permit limited obstruction of public use, including navigation, in navigable waters: a. for water-dependent uses involving navigation and commerce which require structures or activities in water as part of the use. b. for commercial recreational boating facilities, provided that the loss of navigable waters and use of underwater lands is offset by sufficient public benefits. c. in order to gain reasonable access to navigable waters from riparian lands. 3. Obstruction of navigable waters and underwater lands is limited: . ' b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (i) the extent of the use's dependence on access to navigable waters, (ii) the range of tidal water level fluctuation, (iii) the size and nature of the body of water, (iv) the nature of public use of the adjacent waters, (v) the traditional means of access used by surrounding similar uses, (vi) whether or not alternative means to gain access are available. Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas. Dredging solely to accommodate the draft of larger boats is not a recommended alternative. c. by extent and characteristics of the developable adjacent upland area and its ability to support in-water development for the water- dependent use. c. by potential adverse effects on natural resources and their uses, and d. by potential adverse effects on public safety. 4. Structures extending beyond the minimum necessary for access to navigable waters impair public trust interests and open space values associated with the water's surface. Allow such structures only in the following circumstances: a. when necessary for practical and convenient operation of water- dependent industry or commerce, and provided that obstruction of commercial navigation does not result. b. for commercial recreational boating facilities provided that: (i) the loss of navigable waters and use of underwater lands is offset by sufficient public benefit, and (ii) obstruction of commercial navigation does not result. c. when the principal purpose of the structure is necessary: (i) to provide public access for recreational uses (ii) for improvements for navigation (iii) for protection from coastal hazards, or (iv) for essential public transportation and transmission facilities. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631) 765-1938 if you have any questions regarding the above. . ~j " L WRP CONSISTENCY ASSESS Sk ~ ~111"~ AUG 3 0 2005 \\W Town of Southold A. INSTRUCTIONS 1. All applicants forpennits* including Town of South d a' pete thi CCAF for proposed actions that are subject to the Town of Sou tho I Waterfro ~d~nTl~tmc Law. This assessment is intended to supplement other informatio y a own 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 uf Southald 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 tlus foml is answered "yes", then the proposed action may affect the achievement of the LWRP 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 l11axin1Ul11 extent practicable with the L WRP policy standards and conditions. 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 LWRP is available in the following places: online at the Town of South old's website (southoldtown.northfork.net), the Board of Tnlstees Office, the Planning Department, all local libraries and the Town Clerk's office. . B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# ., "r' . . d:>i,),'l):, '-,.' ~i I?> L , i The Application has been submitted to (check appropriate response): L.~.-~ __ Town Board D Planning Dept. D Building Dept. D Board of Trustees [Xl , 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: ~ Nature and extent of action: . (~(,"'",f\j~(e. e.~I~~ doc-Ii shuc..tv(L. \~o.J ) PU~I1feJ ..---/ Location of action: 3 10 5 l:S r. ~ I n Site acreage: \. \ Ii A Present land use: ~ll'\jle h.m, ~e.J{j~..1 I.l)! dac.k Present zoning classification:_t< . ~O QoCa....& / S.OU~l ~ 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: V',--h( J. ~ S LU(Jf... (b) Mailing address: +5"5 P~I;". p+-o Q.J" S",cJn+o<-.o (c) Telephone number: Area Code ~J' .7" 5 - Go II L (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes 0 NO~ If yes, 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 open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and miuimizes adverse effects of developmeut. See L WRP Section III - Policies; Page 2 for evaluation criteria. Dv" D No ~NO' Appli,,'" Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See L WRP Section III - Policies Pages 3 through 6 for evaluation criteria DYes 0 No ~ Not Applicable " " .. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of South old. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria DYes 0 No ~ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. l\1inimize loss of life, structures, and natural resonrces from flooding and erosion. See L WRP Section 111- Policies Pagcs 8 through 16 for evaluation criteria DYes 0 :0 ~:ot Applicable u____.' Attach addltlO11al sheets if necessary Policy 5. Protect and improyc water qnality and supplv in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ___ 0 y~D No ~N~.A.PPliCable -,,--.- - 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 0 No ~ Not Applicable .., ;, 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. D Yes DNO~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria. DYes D No Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Sonthold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. D Yo< D No ~ No' AVV''',bl, Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. D VI, D No ~ No< AVVl",bl, . .") , Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconk Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. o y" 0 N. r Not AppUub" Attach additional sheets if necessary Policy 12. Protect agrkulturallands in the Town of South old. See L WRP Section III - Policies; Pages 62 through 65 for evaluation criteria. DYes D No ~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate nse and development of energy and mineral resources. See L WRP Section III - Policies; Pages 65 through 68 for evaluation criteria. DYes D No ~ Not Applicable Created on 5/25/05 J 1:20 AM 40' ==-./, , W:r """~~~~'" , > ,- : ..,,' , I '/--' f~V!1 , "" , " . fj '" ~ ~~ r--. ! I / I V l8n I 11 i I 'i I )!V~, ~ ~ ~2 ~ ." ~ = --- --- \,e _~r 0"\\1'- ------- ..-- --... ---------------- ~1.S . ~~ ~... C'" ...- ..Cl Cl ~? u=~ , N- ".!. "Ill C~ , .i.~' ()\ fi 0 , . I . U N W*E 5 EXISTING RAMP AND DOCK ::::r:%- .",..' . .2...5' RELOCATED EXISTING 4' X 9' RAMP AND 6' X 20' FLOAT H =1 f: 'D ~. -5.Il ..,.'".= 4. ~, ~.',/\ -3D ". _c:, } . ! Proposed 5eaonol Ramp a Floot ~ ~. ~ ~. ., .. - .p .. I>- -s ~ ~,~ '->+c I~ ~"I .}Iv ~. ,.~~ "Q 4 .. ~ [E (c; lE .~ W lE.fn\.I'.. I -"111 ~u AUG 3 u 2005 1[5 Southold Town BrrHd of Trustees Proposed Plan prepared for VICTOR J. & MARY S. ZUPA 365 BASIN ROAD, SOUTHOLD, NY SCTM # 1000-81-1-13.1