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HomeMy WebLinkAbout1000-56.-7-2Town of Southold Ae WRP CONS STENCY ASS SS NT FOR] ~.~ ~-~ INSTRUCTIONS ~~ I. All applicants for permits* including Town of Southold age,nci~AF 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. 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", 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 maximum extent practicable wit standards and conditions. If an action cannot ~hdards and conditions, it shall not be undertaken. B. DESCRIPTION OF SCTM# 56 A copy of ttie LWRP is available in the following pla (s0uthpldtown.northfork.net), the Board hbrarles and the Town Clerk s offtce. 07 02 The Application has been submitted to (check appropriate at the Town the Plannin all local Town Board [] Planning Dept. [] Building Dept. [] 1. Category of Town of Southold agency action (check (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: patUre and extent of action: plicant proposes to construct a new restaurant over the existing foundation of what was a restaurant w/ 2''a stor~ living space (the old Mill Creek Inn). Attach additional sheets if necessary Location of action: Site acreage: . s/s Route 25; Arshamomogue; Town of Southold~ NY 3.009 acre Present land use: Marina/restaurant w/living space above Present zoning classification: Marina II 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: Principi Properties~ LLC (b) Mailing address: 8595 Cox Lane Cutchogue~ NY 11935 (c) Telephone number: Area Code ( 631 ) 734-2410 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency? NYSDEC 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 This proposal maintains the development scheme of the Town of Southold, which is "defined by a pattern of open agricultural land interspersed with development clustered around a number of historic hamlet centers...', by utilizin.q an existin.q site. The proposed use is operatively the same as the exisfin.q use (marina & restaurant). The proposal will also preserve open space as there is no development planned that did not exist before the Mill Creek Inn was demolished. The proposal will make efficient use of infrastructure by utilizin.q the existin.q bullheaded marina. This facet also makes beneficial use of the project's coastal location. As the site has been previously developed, the proposal "minimizes the adverse effects of development.' Therefore, we feel that the proposal is consistent with this policy. 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 This area of Southold Town has historically been utilized as a hub for varying water dependent uses, in the recent past, restaurants have become a part of this scheme as well, The Mill Creek Inn combined both those uses, The proposal is simply to revive that mixed use, Subject parcel and the surroundin.q area cannot be considered si,qnificant archaeolo.qical resources, Therefore, we feel that the proposal is consistent with this policy. Please note that an aflempt had been previously made to salva,qe the fagade of the Mill Creek Inn buildin.q, That aHempt was not successful, 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 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable The si.qnificant scenic resources in the Town of Southold "are defined by traditional patterns of development that were based on a.qriculture, the stron.qest visual element in Southold, and maritime activities." The subject parcel has been in water dependent use for many years, as have the westerly adiacent parcels. A return to this type of activity at subiect parcel will restore an inte.qral piece of land alon.q this section of Route 25, and brin.q it into visual harmony with the surroundin~t area which is also in marina/restaurant use. More simply, the proposed structure and subsequent aesthetic improvements will "enhance visual quality..." by eliminatin.q a partially improved lot in the midst of numerous developed lots. Therefore, we feel that the proposal is consistent with this policy. 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 [] No [] Not Applicable Subiect parcel has been in the use that is proposed and has housed structures very similar to those proposed for many years. Durin.q that time, no loss of life or natural resources has occurred, and only limited loss of structures has occurred as a result of floodin.q and erosion. The proposal will simply restore those basic conditions of the site. Therefore, we feel that the proposal is consistent with this policy. 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 [] Yes [] No [] Not Applicable The proposal is simply to restore the basic conditions to the site that have existed for many years. Durin.q that time, the site and its operation did not have any adverse impact to the water quality and supply in the Town of Southold. The proposal will also add wastewater and storm water mana.qement devices that are up to current code. Therefore, we feel that the proposal is consistent with this policy. 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 The proposal is simply to restore the basic conditions to the site that have existed for many years. Durin.q that time, the site and its operation did not have any adverse impact to the local ecosystems. The proposal will also add wastewater and storm water mona.clement devices that are up to current code. Therefore, we feel that the proposal is consistent with this policy. 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 [] No [] Not Applicable The ProPosal is simply to restore the basic conditions to the site that have existed for many years. Durin.q that time, the site and its operation did not have any adverse impact to the local air quality. The proposed restaurant will be outfitted with compliant filters and exhaust systems thereby Iowerin.q the airborne emissions from the site. In addition, none of the airborne emissions from the site will be toxic in nature. Therefore, we feel that the proposal is consistent with this policy. 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. [] Yes [] No [] Not Applicable This policy is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutants, petroleum products. Attach additional sheets if necessary 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 [] Yes [] No [] Not Applicable This proposal will "promote appropriate and adequate physical public access and recreation to coastal resources" by utilizin.q the existin.q bulkheaded marina which has and will continue to provide public access to dockina facilities. This facet will also help to "preserve the public interest in and use of lands and waters held in ~ublic trust by the state and the Town of Southold" and "assure public access to public trust lands and naviaable waters." The "access and recreation" that is proposed will not adversely effect natural resource value in the Town of Southold as the proposal will utilize an existin.q bulkheaded marina that did not adversely impact natural resource value. Therefore, we feel that the proposal is consistent with this policy. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable The proposal "protect existin.q water dependent uses" by utilizin.q the existin.q bulkheaded marina. More importantly, the proposal will "improve the economic viability of water dependent uses by allo~ng for non-water dependent accessory uses, particularly water enhanced and maritime supported services where sufficient upland exists" by restorinQ the restaurant accessory use which will be accompanied by partial marine service. This will allow for the continuation of the east end stable of travelin.q to a dinner via boat. The proposal will also "minimize adverse impacts of new and expandin.q water dependent uses..." by utilizing1 an existin~l site. Therefore, we feel that the proposal is consistent with this policy. 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 [] No [] Not Applicable This policy is not applicable in that the proposal does not involve any form of marine resource management (i.e. commercial fisheries, recreational fisheries, aquaculture, etc...). Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable This policy is not applicable in that the proposal does not involve a.qricultural lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coastal a.qricultural production, etc...) 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 This policy is not applicable in that the proposal does not involve the conservation of ener.qy resources on ~ commercial level and/or the promotion of alternative ener.qy sources, proper maintenance of fuel storaqe facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Town of Southold ASSESSMENT FORM ~,~ ~,X~x~ & <~'~xC-~. ~ LWRP CONSISTENCY '.~ 1. All ~pplicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that am subject to the Town of Southold Waterfront Consistency Review Law. This N 2/'/ a.~ssment is intended to supplement other information used by a Town of Southold agency in  , . 'f . ~?'-- .'x~king a determination of consistency. *Except minor exempt actions including Building Permits / x~tx- \~' and other ministerialpermits not locatedwithin the Coastal Erosion HazardArea. 4 -~x,~. 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 i -?x . ~. 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). O,~-~ ..\~.tx 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement oftbe LWRP policy standards and conditions contained in the consistency review law. (O~~ Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a ~\x,\ determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions, lfan 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 SCTM# 56 07 02 APR 2 6 2006 The Application has been submitted to (check appropriate response): Town Board [] Planning Oept. [] Buildin~..~r-~ Board ofTrus~ l. Category of Town of Southold agency action (:beck (a) Action unden~en directly by To~ ag q~e.g. construction, plying activity, agency ~tion, l~d ~saction)~ }~1 (b) Fin~cial assismce (e.g. gr~t, 1o~, ..... lc) ee~t, approval, license, ce~ificati~on: I Nature ~d extent of action: A~ch ~ditional sheets if necess~ Location of action: Site acreage: s/s Route 25; Arshamomogue; Town of Southold, NY 3.009 acre Present land use: Marina/restaurant w/living space above Present zoning~ classification: Marina II 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: Principi Properties~ LLC (b) Mailing address: 8595 Cox Lane Cutchogue~ NY 11935 (c) Telephone number: Area Code ( 631 ) 734-2410 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes[5~ Nof-] Ifyes, which state or federal agency? NYSDEC DEVELOPED COAST POLICY Policy 1. Faster 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 IH - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable This orooosal maintains the develooment scheme of the Town of Southold, which is "defined by a ~)offem of o~)en aariculturol land intersoersed with development clustered around a number of historic hamlet centers...", by ufilizina an existina site. The proposed use is the same as the existin~l use (marina & restaurant wi livina soace above). The proposal will also preserve aden space as there is no develooment olanned that did not exist before the Mill Creek Inn was demolished. The proposal will make efficient use of infrastructure bv utilizina the existina bullheaded madna, with addition of ei.qht more floatin.q docks than was odainally approved. This facet also makes beneficial use of the Droiect's coastal location. As the site has been Previously developed, the proposal "minimizes the adverse effects of development." Therefore, we feel that the ProPosal is consistent with this policy. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section HI - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable This area al Soufhold Town has historically been utilized as a hub for varvina water deoendent uses. In the recent oasl, restaurants have became a Dart of this scheme as well. The Mill Creek Inn combined both those uses. The proposal is simply to revive that mixed use. Subject parcel and the surroundin.q area cannot be considered si.qnificant archaeolo.qical resources. Therefore, we feel that the proposal is consistent with this policy. Please note lhat an attempt had been previously made to salvagle the facade of the Mill Creek Inn buildina. That attempt was not successful. 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 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable The sianificant scenic resources in the Town of Southold "are defined by traditional patterns of development that were based dn aqriculture, the stronqest visual element in $outhold, and maritime activities." The subiect parcel has been in water dependent use for many years, as have the westerly adiacent parcels. A return to this NDe of activin at subject parcel will restore an inte.clral piece of land alanq this section of Route 25. and brin.q it into visual harmony with the surroundinci area which is also in marina/restaurant use. Mere simDIv, the DraDased structure and subsequent aesthetic improvements will "'enhance visual aualitv..." by eliminatin~ a partially improved lot in the midst of numerous developed lots. In addition, the DroDosed dockina facilily will look the same as what exists now. Therefore, we feel that the praP0sal is consistent with this policy. 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 Ill - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] Not Applicable Subject oarcel has been in the use that is proposed and has housed structures very similar to those oroDosed for many years. Durin.q that time, no loss of life or natural resources has occurred, and only limited loss of structures has occurred as a result of floodincI and erosion. The proposal will simply restare those basic conditians of the site. Therefore, we feel that the proposal is consistent with this policy. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LW~RP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] Not Applicable The proposal is simply to restore the basic conditions to the site that have existed for many years. During that time, the site and its operation did not have any adverse impact to the water quality and supply in the Town of Southold. The proposal will also add wastewater and storm water mana.qement devices that are up to current code. Therefore, we feel that the praposal is consistent with this policy. 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 The proposal is simply to restore the basic conditions to the site that have existed for many years. During that time, the site and its operation did not have any adverse impact to the local ecasystems. The praposal will also add wastewater and storm water mana.qement devices that are up to current code. Therefore, we feel that the proposal is consistent with this policy. Atlach 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 [] No [] Not Applicable The proposal is simply to restore the basic conditions to the site that have existed for many years. Durina that time, the site and its operation did not have any adverse impact to the local air quali'w. The proposed restauranl will be outjitted with compliant filters and exhaust systems thereby iowerinq the airborne emissions tram the site. In addition, none of the airborne emissions from the site will be toxic in nature. Therefore, we feel that the proposal is consistent with this policy. 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 II1 - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] Not Applicable This policy is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollulants, petroleum products. Attach additional sheets if necessary 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 IH - Policies; Pages 38 through 46 for evaluation criteria [] Yes [] No [] Not Applicable This proposal will "promote appropriate and adequate physical public access and recreation to coastal resources" by utilizina the existin~l bulkheaded marina which has and will continue to provide public access to dockin.q facilities. This facet will aisc help to "preserve the public interest in and use at/,ands and waters held in public trust by the state and the Town of Southold"' and "assure public access to public trust lands and naviqable waters." The "access and recreation" that is proposed will not adversely effect natural resource value in the Town of Southold as the proposal will utilize an exisfinq bulkheaded marina that did not adversely impact natural resource value. Please note that the situate bottomland is privately awned by the applicant. Therefore, we feel that the prapasal is consistent with this palicy. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section HI - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable The proposal will "protect exisfinq water dependent uses" by utilizinq the existinq bulkheaded marina. More importantly, the proposal will "improve the economic viability of water dependent uses by aliowina for non-water dependent accessory uses, particularly wafer enhanced and mar/f/me supported services where sufficient upland exists" by restorina the restaurant accessory use which will be accompaniod by partial marine service. This will allow for lhe continuation of the easl end stable of travelin.q to a dinner via boat. The proposal will also "minimize adverse impacts of new and expandinq water dependent uses..." by utilizin~ an existin.q site. Therefore, we feel that the proposal is cansistent with this policy. 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 HI - Policies; Pages 57 through 62 for evaluation criteria [] Yes [] No [] Not Applicable This policy is not applicable in that the proposal does not involve any form of marine resource manaaement (i.e. commercial fishe~ries, recreational fisheries, aauaculture, etc...). Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section 111 - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable This oolicv is not aoolicable in that the proposal does not involve agricultural lands Ji.e. the conversion of farmland, the eslablishment and/or maintenance of new coastal aaricultural production, etc...I 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 This oolic¥ is not aDolicable in that the proposal does not involve the conservation of enerqy resources on a commercial level and/or the promotion of alternative enerav sources, proper maintenance of fuel stgra.qe facilities and/or the extraction of mineral extraction Attach additional sheets if necessary 15 8 0 SCALE. ~I' = 30' SURVEY OF DESCRIBED PROPERTY SITUATE A T ARSHAMOMOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S. C. T.M. DIS'~ IO00 SEC. 56 BLK. 07LOT02 15 30 45 60 75 ~0 105 120 DATE: DECEMBER 3, 2004 135 MAIN (STATE S 89'52'00" E 98.42' ASPHALT pARKING oEL 7.6 0 ASP. STORY 'L sPACE = 3.7~/ STOR~ WD. WALK EL.. 1,3' FNOS"W m~ : 3.3' ~L, STEEL BEAMS w~ w? \ EL,. t,§ ~ % EL?8' LOT AREA: '131,062 SQ.FT. = 3.~09 ACRES CURRENT ZONING: M-II ( MARINE II) PROPERTY IS ENT1REL Y LOCATED IN FLOOD ZONE AE ( EL ~ ) AS DETERMINED FROM THE FLOOD INSURANCE RATE MAPS ( FIRM ) # 36103C0159 EFFECTIVE DATE MAY 4,1998 ELEVATIONS SHOWN HEREON ARE REFERENCED TO NGVD t929 DATUM AND ARE THE RESULT OF ACTUAL RELD MEASUREMENT. "JERTIFIED TO: PRINCIPI PROPERTIES, LLC SROADWAYABSTRACT JOB NO. 2004-488 MAP NO FILED: REVISIONS. ADD ELEVS FOR PERMIT 1/29/05 LOC. NEW FOUNDATION 4/28/05 HANDS ON SURVEYING 46 NORTH ROAD HAMPTON BA YS,11946 NEW YORK .~. , TEL. (631)-723-1954 - FAX.(631)-723-1329 MARTIN D. HAND L S