HomeMy WebLinkAbout1000-81.-1-13.1
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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:
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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.
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L WRP CONSISTENCY ASSESS
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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
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The Application has been submitted to (check appropriate response): L.~.-~ __
Town Board D Planning Dept. D Building Dept. D Board of Trustees [Xl
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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)
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(b) Financial assistance (e.g. grant, loan, subsidy)
(c)
Permit, approval, license, certification:
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Nature and extent of action: .
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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
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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
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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
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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
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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,
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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
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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