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HomeMy WebLinkAbout1000-24.-2-8PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OF~'ICE 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 Southold Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: September 2, 2005 Re~ Proposed Wetland Permit for John and Martha Watts SCTM# 1000-24-2-8 This proposal involves the placemen of clean fill to a elevation of 5 feet The proposed action is located within the FEMA AE el 10 Flood Zone; an area of Special Flood Hazard. 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 (LWRP) 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 following Policy Standards and therefore is CONSISTENT with the LWRP provided that the Board assess any adverse impacts to adjacent properties, require any necessary amendments to the application and implement appropriate best management practices to further the below listed Policy Standards. THE ELEVATIONS OF ADAJACENT PROPERTIES AND EXPECTED FLOW OF SURFACE WATER ARE NOT SHOWN FOR THE PARCEL POST GRADING. IN ADDITION, NO PROPOSAL HAS BEEN MADE TO RETAIN AND DISPOSE OF STORMWATER ON-SITE. Pursuant to Chapter 46 of the Town of Southold Town Code, FEMA Flood Insurance Rate Map (FIRM) and the Flood Insurance Rate Map for Suffolk County, New York; determine whether any proposed development/grade changes in an area of special flood hazard may result in physical damage to any other property of lower elevation. 2. Additionally, pursuant to Chapter 46 of the Town of Southold Town Code: C. Encroachments. (1) Within Zones A1 - A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless: (a) The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any location; or (b) The Town of Southold agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Southold for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Southold for all costs related to the final map revision. NATURAL COAST POLICIES Policy Standards 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 fi.om flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. c. Provide sufficient lot depth to allow relocation of structures and maintenance of required setbacks over a period of thirty years. 2. Avoid reconstruction of structures, other than structures that are part of a water-dependent use, damaged by 50% or more of their value in coastal hazard areas. 3. Move existing development and structures as far away fi.om flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: a. structures which fimctionally 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. d. sites where relocation of an existing structure is not practical. 4. Provide public infrastructure in or near identified high velocity flood zones, structural hazard areas, or natural protective features only if the infrastructure: a. will not promote new development or expansion of existing development in: a Coastal Barrier Resource Area, except as provided in the Coastal Barrier Resource System Act; a Coastal Erosion Hazard Area; or a V-zone. b. is designed in a manner which will not impair protective capacities of natural protective features, and c. is designed to avoid or withstand damage from flooding and erosion Manage development in floodplains outside of coastal hazard areas so as to reduce adverse environmental effects, minimize the need for future structural flood protection measures, or expansion of existing protection measures and to meet federal flood insurance program standards. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. .Town,~f Southold INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT F¢ All applicants for permits* including Town of Southold agen , ~ CCAFI for ~ .llaard ffl ~gUStee. s ~ . proposed actions that are subject to the Town of Southold Waterf a ' .... w. 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. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting and non- supoortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. ~ ~ ~ ~ ~] ~ B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): Town Board SCTM# PROJECT NAME AUG 2 6 2005 Southo)d To'an ~ Planning Board [--] Building Dept. ~-~ BoardofTrustees ~ 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) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Locationofaction: I~)(Z) ~?__,"~J~(Z.., glO?.~;~-IP~')~ ~1'~.3'~ ~t~Y [{c~7 Site acreage: Present land use: Present zoning classification: ' If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: 01~)~]~ ~ ~t~7~ (b) Mailing address: ~ ['~::~0~-~ ~:::~ (c) Telephone nmnber: Area Code ( ) '71 ~:~ i~ 7,0-,~4 ~ I ~ (d) Application number, ifa.ny:. Will the action be directly tmdertaken, require funding, or approval by a state or federal agency? Yes [--] No ~ If yes, which state or federal agency?. C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~Yes ['-] No,Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No ,~ Not Applicable 1 Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes ~ No ~ Not Applicable ! Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] mo) mot 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 through 21 for evaluation criteria Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. '.Yes No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~ Yes ~ NoN Not Applicable ( - Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ Ycs~ No'Not Applicable Attach additional sheets if necessary -WORld. G COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. Sec LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [---] No 7..Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes ~ NoOn'Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in thc Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes ~ 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. [] Yes ~ No~ Not Applicable PREPARED TITLE.~-~ ~-- DATE 81Z~/~ ' SCTM # 1000-24-02-08 ~~ 8"' 24 FO5 SITE DATA ' PROPERTY: 100 HARBOR RIVER ROA ) ADRESS ORIENT, NY. 11957 OWNER: JOHN AND MARTHA WATTS BROOKLYN, NY. 1 J201 SITE AREA: 32,564.18 SQ. FT. = 0.748 ACRES J~ AUG 2 62085 (OPEN FIELD) FLOOD: "AE"(ELI0) & "VE"iEL.I~) B~'r~ ~CONTOU~ _ / , SURVEYOR: JOSEPH A. INGEGNO '~: ~ ' ,' ~ ~ V EDGAR J. SMITH JR. ~ ~ & SUZANNE K. SMITH ~ ~ 5 FOOT ~ ? ~ ~ ZONE VE (~> T HARBOR p. OJE~T NO: 0317 UT DATE: ~3104 8HEETT~E: